Nathaniel Bradstreet Shurtleff.

Records of the governor and company of the Massachusetts bay in New England : Printed by order of the legislature online

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vpon a great red oake tree, on the north side marked vpon a white oake tree,
w"* two letters, S S, & diuers other trees marked about it. Nextly. Sixty
acres of land joynig to the farme formerly granted to M' Symonds, lying w*in
or vpon Exitur bounds, according as he had right & liberty from the Generall
Court. As for the residue, which is tuenty acres, M"^ Symonds desired vs to
lay out a piece of meadowy ground, of like quantity, which is vpon the skirts
of his farme, for more certeinty, fearing least, vpon strict measure, it should
be w'^'out the bounds of his farme, notw"'standing one of us, w"" some others
present when his farme at Lamperele Eiuer was layd out to him long since,
cann testify that he then tooke possession of the same to belong to the sajd
farme. The whoU quantity of two hundred & fifty acres being thus layd out,
wee gaue possession of part in name of the whole to his sonne, Samuel Sy-



THE MASSACHUSETTS BAY IN NEW ENGLAND. 413

mondsj Jun, as agent in this buisnes, in his fathers behalfe, who went w"" us 1 G G 8.
from place to place. In wltnes whereof wee subscribe our names. '^

7 November.

August 15, 1668. DANIEL EPPS,

ROB^ LORD, Jun.
The Court allowes & approoves of y' returne.

In ans' to the petition of seuerall Inhabitants of Boston & Charls Toune, Many inhabit-
humbly desiring the Courts favour to Tho Gold, W™ Turner, & Jn" Earne- g, charis
ham, &(3, as in petioon w"'' is on file appeares, the Court, hauing considered & 'r°""^ scanda-

1 lous peticon in

pervsed y" peticonJdoe finde many reproachfuU expressions against the Court fevo^of y An-

& their proceedings w"'' are not true,[and hauing charity towards many of y°

peticoners, that haue been mislead by some others comiserating the restrcint

of the persons, not knowing, or at least not duely considering, the righteousnes

& necessity of the Courts proceeding as they did, all which is euident in the

reccords of this Court, doe order, that Cap? Edw Hutchinson, Cap? James Scueral sent

_^ " SGTzi for

Olliuer, Eichard Way, Tho Grubb, "W"' Howard, Eandal NichoUs, Solomon
Phipps, & James Cary be sent for to appeare before this Court on 22 in-
stant, to answer what shall be objected ag' them referring thereto. "Warrants
issued out accordingly. & Capt James Olliuer, Eandall Nicholls, Eich Way,
Benj: Negus, W"^ Howard, & Solomon Phips, & Tho Grubb, &5, appeared. Their actnoui-
& on their hearing of the peticon, in open Geii Court, they presented a pe-
ticon, vnder their hands, expressing their sorrow for giving the Court such
just ground of ofienc, w* y* Court accepted of; & it then appearing to y"
Court that Benjamin Suitzer & Joshua Atwater were y^ cheife promoters of the
sajd peticon, & had gonne from house to house to get hands to it, the Court
sent for them ; they appearing, the Court hauing heard what they had to say
for themselues, they refusing to discouer the first contriuer thereof, finding
them to haue been very active in promoting so scandalous & reproachfuU a y» 2 principaii

„,, ..T i,i J. 1.* f actiue prorao-

peticon, of w"'' they were fully convict, judge meet to ber.re testimony ag' ^^^^_ g^^^.
their proceedins^s, & doe censure the sajd Benjamin Switzer to be admonished, ^"''^«''' i°"' *

r o ' , J ^ ^ Josh. Atwater

& pay the sume of tenn pounds as a fine, and that Joshua Atwater be alike o, & admon-
admonished, & pay as a fine y= suiiie of five pounds for his ofi"ence.

*In ans' to the peticon of Georg Carr, the Court, on pervsall of the [*627.J
same, together w"" seuerall Court orders referring thereunto, & also such alle- .^ Lef.

' ^ ^ ^ Courts judgm*

gations as the peticoner presents of what charge he hath been at in erectig of & ans' to
a bridge ; vnderstanding, also, that the sajd peticcSner hath convenient accomo- ^^^f^^^^^""
dation of land at or neere th,e place where the new ferry is to be kept, the
Court judgeth it meete to advise the Court of that county, to whom it was
referred, that, in regard it is not disposed of for longer then one yeare, that



414 THE RECOKDS OF THE COLONY OF

1668. the sajd fferry may be vpon the sajd Carr, lie keeping of it vpon as aequally
' "< ' termes as any other will doe.

In ans"" to the petiobn of Jn° Farnam, Sen, the Court judgeth it meete to

Ans' to Jii» ■■■ JO

Farnhams grant him his liberty from prison at present, vpon the promise he hath made

to attend duly vpon the publick ordinances of God, in the solemne assembljes

allowed by the lawes of this jurisdiction, euery Lords day twice, except the

prouidence of God some way disable or hinder him, provided always that the

sajd Farnam doe refreine himself from disorderly meetings, set vp contraiy to

law; and if the sajd Farnham be prooved guilty of that offenc, the former

sentenc of banishment & imprisonment shall remaine in force ag' him.

Compi's as"' Complt being made to y" Gouerno'' & Capt Gookin y* in or about June

iT f'P t'^'^'^ ^^^^ °"® '^^° Dickenson, an English man, was slajne at y" trucking house of

Coffin for sel- Capt Richard Walderne, at Pennicooke, by an Indian, in his drunken fit, occa-

ing strong , ^ « ^^ , .

licquors. sioned by strong licquors, the Goflno"^ & Capt Gookin issued out a warrant &

"Warrant & order to Tliomas Hincksman, of Chelmsford, impowering him, w"^ meete

co]njssion

granted to En- asistance, to repaire to y° place, & on his inq^uiry & search there, to make his
man to search I'Gturne to y" Court of Asistaiits of what he found, who, hauing made his
after it & make i-etume to the sajd Court, in w* returne of his is conteyned the examina-

roturne to

Court Asist- tioiis of scuerall sagamores & other Indians, on y'^ place, who accused &
' ' , testified ag* Capt Rich Walderne, Lef? Peter Coffin, w"^ Paul Waldern, for

Retume made o j.

& referd to y selling & deliucring seuerall runlets of strong licquors to Tho Payne & y" sd
Dickinson, to be conveyed to them by the Indians, by them sent for it, &6, as
therein more amply appearcs. The Court of Asistants refferfng the case to y®
Geii Court, who, on pervsall thereof, finding y° life of a subject therein de-
clared to be lost, & y' by the breach of the lawes in a high nature, w"'' no
Court hath the propp"^ cognizance thereof, by reason of the places remoatnes,
& y* a member of the House of Deputjes is concerned therein, judge it meet
to order a hearing of the case by this Court at this sessions, & y' the secretary
issue forth warrants for all persons concerned to appeare before this Court on
Order for & ST''' instant. Warrants issued out accordingly to Chelmsford, Penecooke,
oyt_ Doner, Chochecho, &6, to sumon the partjes concerned, & euidences in the

Partjcs an- Case. Cap? Rich Waldern appeared, & Left Peter Cofhn, as pties concerned,
& accused Thomas Hincksman, w"' seQ'^ y* joyned w* him in his returne,
w^^ seiiral Indians y' had given their testimony ; the sajd Tho Pajne being
gonn out of the jurisdiction before notice could reach him. After the Court
had heard what Capt Walderne could say for himself, & Left Coffin for him-
self, they denying to haue any hand in selling or deliuering any strong
licquors to the Indians, directly or indirectly, notw^standing what the Indians
testified in open Court before them, the Court declared it lay on them, the



pcarod, &o.



THE MASSACHUSETTS BAY IN NEW ENGLAND. 415

sajd Cap? Walderne & Lef? CoiEn, according to law, to cleare themselues by 1 6 G 8.
tlieir oathes. The sajd Peter Coffin, desiring to be excused from taking his '' '

oath, chose to leaue himself to the mercy of the Court, acknouledging y' y® j^^jj ^^^^^ g^^^
sajd Paine had licquors of him, &6. The Court, on pervsall of what he pre- ^O" & costs, &c
sented, doe find that the sajd Coffyn hath traded licquors irregularly, & con-
trary to law, & doe therefore sentence him to pay, as a fine to the country,
the suine of fifty pounds, & all chardges w"'' the Court determined to be for
costs of y° wittnesses, & other expences layd out in pcuring the Indians, to be
sixteen pounds tenn shillings, to be pd to Tho Hincksman.

And for Capt Waldern, he declard himself ready to cleare himself by Cap' Wuidcm
his oath, w* was : Whereas I, Richard Walderne, am accused by sundry In- go^emne^oath
dians about Pennjcooke of the breach of the lawe prohibbiting sale of *•'•
licquors to Indians some time this last sommer, I doe heereby sweare, & take
God, who is the Searcher of all hearts, to witness that this thir accusation is
wholly vntrue, & that I haue not, directly or indirectly, by myselfe, or by any
other person by my order or allowance, in any measure or degree done what
they accuse me of; & this I doe affii'me to be the very trueth, as I shall an-
swer before y^ judgment seate of Christ another day. Taken vpon oath in 31 October,
open Court, 31 October, 1668, wherevpon he was freed from any charge & discharged.
exhibited against him, & dischardged. Paul Waldern also appeard, & clered Paul "Waidem
himself : I, Paul Walderne, being accused by seuerall Indians to haue deliu- ^^tj, ^ ^;g.
ered strong licquors to Indian or Indians since this last spring, out. of my chardged.
fiathers cellar, doe hereby sweare by the great name of the euerliving God,
that I haue not dehuered out of my fathers cellar, nor out of any other places,
any strong hcquors to any Indian or Indians of Pennicooke, since the beginig
of this last spring to the twelfth of August last, directly or indirectly; &
this I affirme to be y' very trueth, or I shall answer it before y° judgment seat
of Christ another day. Sworn in Court 7 Novemfe, 1668. 7 November.

*It is ordered, that the price of corne for this yeare ens[u]ing be as was [*628.J
agreed by the whole Court the last yeare. ^""^^ "^ """<'•

It is ordered, that the Tresurer send forth his warrants for one halfe rate Half a country
of a single rate.

The Court, considering of Cap? Robt Pike as a coiiiissioner for the Cap' Pikes ex-
county of Norfolke, & otheruise serviceable to the country, judge meete to ffree ^^tes.
him from country rates & county rates for this yeare past, till this Court take
further order.

Whereas, wee, vnder written, were appointed & impowred by the hono'^'« e/^iTTbT^^'
Generall Court, assembled at Boston, October the ninth, 1667, to take the lingham, Go.



7 November.



416 THE EECORDS OE THE COLONY OF

1 G 6 8. count of the wo-p™ Richard Russell, Es^, Tresurer of this colony of the
Massachusets, and by the order of the Geiierall Court sitting in Boston on the
7* of November, 1668, appointed & fully impowred to issue his sajd account
for the yeare 1667, & on one signng thereof, to give the sajd Richard Russell

Tresurers dis- an acquittance accordingly for the full discharging of him, his executo''s & ad-

°'' ' ministrato^'s, for the whole time & terme of his officiating in that place ; & for

the confirmation thereof, the hono''ble Governo'^ of this colony is ordered to

signe the same, & also affixe the seal of this colony thereto, in the behalf of

the honourble Gen Court.

30 November. Now know yee, that wee, Hopestill Foster, Anthony Stoddard, & Hum-

phry Davy, coiiiissioners, impowred as aboue is expressed, hauing duely
examined, pervsed, & adjusted the accounts of the aboue named Richard Rus-
sell, finde the country to rest debto' to ballance two hundred & fiueteen
pounds twelve shillings & tenn pence, credit being given in his accompts to
the country for all rates due to be received for the yeare 1667, & for all fines,
mulcts, & dues payable to the country before the last Generall Court, (the im-
posts imposed, & by order the Generall Court in May last lett out, not being
one way or other here intended to be medled with,) by the authority comitted
to vs as is aboue expressed by the Generall Court, doe fiuUy, clearely, & ab-
solutely acquitt, exonnorate, & for euer discharge the said Richard Russell,
Tresurer aforesajd, his heires, execcuto''s, & administrator's of & from all dues,
rates, fines, debts, & demands whatsoeuer by him receiued from the first be-
gining of his trust as Tresurer of this colony to all intents & purposes to the
first day of August last. In wittnes whereof wee haue hereunto sett our
hands this thirtieth day of November, 1668.

HOPESTILL FOSTER,
ANTHONY STODDARD,
HUMPHRY DAVY.

& is thus entred, word for word, agreeing w"' the originall, at the request
of the Tresurer.

[Page *629 is blank-l



THE MASSACHUSETTS BAY IN NEW ENGLAND. 417

[Pages *629 — 634 are in another hand.]

*Mt a Generall Court of Election, held at Boston, 19'" of May, 1669. 16 6 9.

RICHARD BELLINGHAM, Esf>, was chosen Governo"^ for this yeare, 19 May.
& till new be chosen, & sworne, & tooke his oath in open Court.' [*629.]

Prancis Willoughby, Es^, was chosen Deputy Gove% took his oath in
Boston, before y« GoQ, M'^ Russell, M' Tresurer, M, 26 August, 1669.
Symon Broadstreet, Es^, and Commissio' for y' coUo,
Samuell Symonds, Es^,
Daniel Gookia, Esqp,
Daniel Denison, Es^,
Symon Willard, Es^,

Rich Russell, Es^, & Treasurer, were chosen

Thomas Danforth, Es^", & first Commission"^ for the collo, | Assis?.
W™ Hathome, Es^, 2* Commission' in reserue,
Eliazer Lusher, Es^,

John Leueret, Escp, & 1^* Commission' for the collo, &
John Pinchon, Es^, [Major Generall,

Edward Tyng, Esqp, & tooke their oath' in open Court,
Edward Rawson was chosen Secretary.

The names of the deputies chosen & sent by the seuerall townes to serue
at this Court were, —

Cap? George Corwin, M' Hen Bartholomew, Salem.

Cap? John Allen, M' William Stilson, Charls Towne.

Cap? Hopestil Foster, M' "William Sumner, Dorchester.

Cap? Thomas Clarke, M' Anthony Stoddard, Boston.

M' William Parke, Roxbury.

Leif? Rich Beers, M' Sam Thatcher, Water Towne.

M' Edw CoUins, M' Edward Oakes, Cambride.

Leif? OUiuer Purchas, Lynn.

Cap? John Appelton, Leif? Sam Appleton, Ipswich.

M' Joseph Hills, Newbery.

Leif? Jn" Holbrooke, Weighmouth.

Cap? Joshua Hubbert, Hingham.

Cap? Timo Whqeler, Concord.

M"" Peter Woodwine; 2 sess, Ensigne Dan Fisher, Serg* William Auery,
1 i, Dedham.

M' George Coulton, Springfeild.

VOL. IV. PAUT II. 53



418 THE EECOEDS OF THE COLONY OF



19 May.



1669. M' Sam Dalton, M' Josh Gilman, Hampton.

M' Eich Swan, Eowley.
M"^ Tho Faxon, Braintry.
Cap? Kich Walderne, Doner.
Capt Rich Catts, Portsmouth.
Capt Edw Johnson, Wooborne.
Capt Geo Barber, Meadfeild.
Capt Rich Saltonstail, Hauerell.
Cap? John AVayte, Maiden.
Leif ? W"^ Chu-ke, Northampto.
M' W"" Holton, INI"' John White, Hadley.
M' John Fisk, "VVeiiham.
Left John Osgood, Andeuer.
Leif t John Smith, Redding.
M"^ Roht Tucker, Milton.
M' John Haynes, Sudbury.
M"' Hum Dauie, Billerica.
M'' Peter Ware, Yorke.
Capt Charles Frost, Kittery.
M"" Rich CoUlcot, Falmoth.

Capt Thomas Clarke was chosen Speaker for this session.

[*630.] *This Court, taking notice of sundry complaints of much inequallity in

Order to rate ^\^q ©sent way of raysing moneys to defray publique charges, doe therefore

all goods &

prouissions iin- order, and by the authority of this Court bee it ordered & ennacted, — •
^urisd'To" '^ ■'■• '^^^^ ^^^ goods, wares, merchandizes, & prouissions, of all sorts, (ex-

cepting fish, sheepes woole, cottou woole, salt, & such other things as by for-
mer lawes are exempted or otherwise prouided for,) which from any foreine
part or other jinisdiction shall bee imported into any of our harbo", ports,
shoares, or elsewhere, within this jurisdiction, shall bee rated in a just pro-
portion with estates ratable in the country, yIz*, for euery twenty shillings
uallue shall bee pajd one penny in money.

2. All goods, wares, & merchandizes, as aforesajd, shall bee heere nallued
as followeth : that is, eury hundred pounds at the port or place from whence
it came to bee counted heere at one hundred & twenty pounds ; which penny
per twenty shillings shall bee payd by the agent, ifactor, owner, or other per-
son by whome they are brought, or to whome they are sent or consigned, &
soe according to the same proportion for all greater or lesser quantities
whatsoeuer.



THE MASSACHUSETTS BAY IN NEW ENGLAND, 419



19 May



3. To which end all goods & prouissions, as aforesajd, imported, shall, 1669.
by the master, purser, boateswaine, or skipper of each ship or other vessell in
which they are brought, before breaking bulke or landing any of the sajd
goods, bee certifyed vnto the country Treasurer, or coUecto'^ by him impowred

in the seuerall ports, townes, or other places where they are brought, on
penalty of fforfeiture of twenty shillings per tunn, according to the burthen
of the ship or uessell wherein they are brought from time to time.

4. And all & euery such collecto' shall carefully & truly enter all such
goods, with their seuerall marks, casks, packs, fardells, trusses, chests,
truncks, cases, & all other things, howeuer called or distingwished, with the
names of the persons to whome such goods or other things are sent & con-
signed, or are owners thereof, soe farr as may by any lawful! meanes bee
discouered.

5. And all persons to whome such goods & other things aforesajd are
consigned or sent, or are the owners thereof, shall from time to time, before
such goods are landed, signify the true & just uallue thereof by shewing the
just inuoyce thereof vnto the aforesajd collecto™ for each port, who are hereby
required to enter the grosse sume thereof in a booke for that purpose, what
the sajd goods or other things amount vnto, & shall forthw* demand & re-
ceiue the seuerall rates or assessments afore-mentioned, or certify the Treasurer
or such other collector or receiuer as is concerned therein.

*6. And in case of denyall or delay of payment, the collector, authorished [*631.]
as aforesajd, shall leuy the same by distress vpon the sajd goods, at the rate or
price set in the inuoyce, out of which hee shall haue two shillings per pound
for his time & labo'' therein ; and for the more fall effecting hereof, the sajd
coUecto' is impowred to require aid, (if need bee,) as any constable may in the
like seruice, & noe man may refuse to assist, vpon the same penalty the law
in that case express.

7. If any inuoyce or bill of parcells shall bee falsifyed, concealed, or not
produced, of any goods or other things imported as aforesajd, it shall bee law-
full for the Treasurer or collector, with the select men of each towne therein
concerned, to rate all such goods, or the owner or other agent, for the same, by
will & doome, according to their best discression, prouided it bee not less then
fowre poimds p tunn, as the same stands entered in the bill of lading in the
boateswaine or other officers booke.

8. It is further ordered, in refference to all sorts of cattle that are brought
into this jurisdiction to bee sold, or killed, or transported, that the venders shall

^iue a just & true account of all such cattle soe brought to some one of the
aforesajd officers impowred to act herein, both in respect of number & kind, &



420 THE EECOKDS OF THE COLONY OF



19 May.



1669. the same shall bee entered in a booke, & the owners of all such cattle, or the
person with whome they are trusted^ before they are set to sale, killed, or put
on board any vessell for transport, shall pay for euery head as is expressed in
the lawe, title Charges, Publike, vpon penalty of forfeiture of any such beast,
or the true uallue thereof, in whose hand souer found, the one halfe to the
publike treasury, the other halfe to the informer.

9. For all sorts of goods, hides, skins, beauer, peltry, butter, cheese, or
other merchandize or prouissions brought into this jurisdiction by land, the
owner, ffactor, agent, or other person intrusted, shall, before any sale made,
or before any putting on board any vessell for transport, or other disposall of
the sajd goods, make a just & true entry thereof, as is before prouided con-
cerning goods imported by sea, & to bee rated one penny in euery twenty shil-
lings, the same to bee pajd in money to the sajd officer, vnder the penalty of
forfeiture, as aforesajd, the one third part to the country Treasurer, one third
part to the informer, & one third part to the coUecto'.

10. The country Treasurer for the time being is hereby impowred &
req[uired duly to execute, or caxLsed to bee duly & fully executed, this ^sent
order in each perticular part thereof, who is also impowred & authorised to
depute & impowre all such officers vnder him as bee shall judge necessary
for the accomplishment thereof, who, vpon warrant to them directed, vnder
his hand & seale, shall attend the same, & the sajd officer or officers shall bee

[*632.] accountable to the sajd Treasurer when hee shall *shall call them thereunto.

11. It is ordered, that such goods, or other things, as vpon importation
shall by this order bee pajd for, shall not againe for that yeare be rated whilst
they remaine in the hands of them that soe pajd for them.

12. In case the Treasurer, or any officer vnder him, shall find any great
difficult or doubtfuU case in the execution of this order, they shall repaire to
the Gouernor & council, or soe many of them as can conueniently assemble,
prouided the number bee not less then fine, who are hereby impowred to giue
such order & directions expedient for the effectuall prossecution of this order ;
and the order respecting customes, made October, 1668, is hereby repealed j
and it is ordered further, that this g>sent law bee in force forthwith, vpon the
ending of this present sessions, & forthwith published in Boston & Charls
Towne.

It is ordered by this Court that this shall bee the seale




of the Treasurers office.
Order to pre- Order to preuent exportation of money out of this jurisdiction. For the

tion'oTmoney ^^^er execution of the law, page 62, sec? 2, for the restrainng the exportation
out of this ju- of money, it is ordered by this Court & the authority hereof, that the persons

rifidiction. , /. , .

hereafter named, viz', —



THE MASSACHUSETTS BAT IN NEW ENGLAND, 421

For Boston, Cap? James OUiuer & M' Thomas Brattle, or either of them ; 16 6 9.
For Charls Towne, Captaine John Allen ; ' ^^ '

19 Mav

For Salem, M' Edmond Batter : „ _. .

' Comissioners

For Piscattaqua, M' Elias Stileman ; t" search for

money.

For Marble Head, M"^ Samuell Ward ;

For Dedham^ Ensigne Fisher ;

For Braintry, Moses Paine ;

For Malborow, William Kerley ;

For Springfeild, Lawrence Bliss, —
bee all & euery of them appointed, impowred, & required to search for &
seize all moneyes of the coyne of this jurisdiction that shall be found or dis-
couered in any ship, or any other uessell, that hath weighed anchor to depart
from that port where shee ladeth, or all such money that shall bee found in
any persons pocket, cloake, bag, portmantle, or any other thing belonging to
them, after such person hath taken horse back, to proceed & trauel in his or
their jorney out of this jurisdiction, from the first towne or station whence
such persons begin their trauell ; & all money that such searcher shall find,
(except soe much as is allo,wed by law,) hee shall saTely keepe it vntill the
next Court of the shire, & then g>sent the same vnt6 the sajd Court ; & if it
bee judged by the Court to bee forfeited according to law, then the sajd Court
are required to order the deliueiy of one third part to the officer that seized
y® same, & the other two parts to returne to the publike treasury of the
country; & it is further ordered, that the *ihe searchers before named are [*633.]
hereby impowred to breake open any chest, trunck, box, cabbin, casks, truss,
or any other suspected place or thing where they, or any of them, conceiue
money may be concealld, & seize the same ; & also they, or either of them,
are impowred to require such assistants from any constables or others as to them
may seeme expedient, who are to ajd them, vpon the penalty of fibrty shillings /
fine for euery neglect.

Order further to regulate coopers staues. Order further

to regulate

Whereas the law, title Pipe Staues, page 64, prouides only for pipe staues coopers staues.



Online LibraryNathaniel Bradstreet ShurtleffRecords of the governor and company of the Massachusetts bay in New England : Printed by order of the legislature → online text (page 50 of 77)