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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for tite cask, & that hogshead staues & barrell staues, both of white & red
cake, as well as pipe staues, are frequently transported & traffiqued in pay-
ments, it is ordered by this Court & the authority thereof, that all hogshead
staues shall bee in length three foote two ynches or vpwards, not exceeding
three foote fowre ynches, & all barrell staues shall bee in length thirty one
ynches, all well & euen hewed or dressed, sufficiently for vse, as for pipe
staues is expressed, whether of white or red oake ; and all headings for pipe




19 May.



THE EECORDS OF THE COLONY OP

staues, of any sort, to bee in length twenty eight ynches, & for hogsheads &
barrells sutable to the cask to bee made thereof, & that it bee inserted in the
oath appointed for uiewers of pipe staues, page 88, any thing in the aforesajd
law to the contrary notwithstanding.



Order to deter- Order to determine debt bookes, &Q.

mine booke

debts, &c. On complaint & consideration of sundry inconueniencies, both to creditors

& debtors, through want of seasonable examination & ballancing of booke ac-
counts, it is ordered & by this Court ennacted, that all such booke debts as are
now standing out, or that hereafter shall bee made, & that shall not, within
three yeares after publication hereof, or within three yeares after such debt as
hereafter shall bee made, bee accounted for or ballanced with the originall
debtor, or his atturney, agent, assign, or other lawfull successor or substitute ;
and on accompt or ballance thereof, assured by specialty giuen for it, or witt-
nessed by subscribing the debtor, or other accomptants name, to the creditors
booke, or the subscription of the wittnesses to such accompt, shall not bee
pleadable in any Court, vnless such booke debt shall, within the time before
limited, bee prossecuted or proued in such Court as hath proper cognizance
thereof, by euidence competant & approued by the sajd Court ; and the eui-
dence there recorded, & the reccord thereof, shall secure the creditor, his ex-
ecutores, administrators, & assignes, vnless the debtor or his assignes shall dis-
proue the same within one yeare after such proofe made, or recouery of the
sajd debt, if such debtor, his or her agent, atturney, assign, substitute, execu-
to"", administrator, or other lawfull successor, bee or shall bee within this juris-
diction, or else where, & haue due notice from the creditor thereof.

Order determining the choyce of millitary officers.

This Court, considering the direction of our pattent relating to the

[*634.] *stating of all millitary officers in this jurisdiction, doe hereby order & declare.

Order to deter- ti^^t all Commission officers that at g>sent are in power are confirmed according

mine the

choyce of mil- to their respectiue commissions ; but for the time to come, where new are to
bee chosen, it is only in the power of the Generall Court (or, in case of emer-
gency, for the council of the common wealth) to nominate, choose, appoint, &
impowre all commission millitary officers, (excepting the major generall & ad-
mlrall at sea, the choyce of whome are otherwise prouided for by law ;) & for
all inferior officers in companies, they are to bee chosen & appointed by the
commission officers of that company, and where noe commission officer is, by the
majo'' of the regiment.



THE MASSACHUSETTS BAY IN NEW ENGLAND. 423

Law to preuent breaking of prisons, Scd. 166 9.

On complaint of the keeper of the prison, that some malefactors & other "^ ^ '

■ 19 Mav.

prisoners haue made escape by meanes of some euell disposed persons that j^^^^^ ^^ jg_
supply them with instruments to effect the same, it is therefore ordered by "^ut breaking

,._, of prisons.

this Ooui-t & the authority thereof, that if any person whatsoeuer shall any
wayes, either directly or indirectly, conuey any instrument, or any other thing
whatsoeuer, to any prisoner, by which such prisoner or any other prisoner
either shall, may, or might breake prison, or worke him or her selfe vnlaw-
fuUy out of the same, if it were for debt, such person soe transgressing shall
pay the whole debt, & incur the penalty of forfeiture of as much to the coun-
try, or vndergo such corporall punnishment as the Court on whose proceedings
such imprisonment followed, or the Court of Assistants, shall impose, order,
or appoint ; and if any prisoner, committed for offence or offences criminall or
capitall, shall, by such wicked complyance of any person, breake prison, or
make escape out of prison, or bee found in preparation thereunto, the person
or persons which directly or indirectly conueyed such instruments, tooles, or
other things, whereby such prisoner shall or might worke his or her escape
from prison, such person shall bee lyable to the same corporall punnishment
which the prisoner was lyable vnto, & also incur such further penalty by fine,
imprisonment, or corporall punnishment, as the County Court, Court of Assist-
ants, or Generall Court shall appoint ; soe that where the prisoners are not
actually escaped, in such cases any Court to moderate as they shall see meet ;
and if the escape of any prisoner appeare to be through the fault or neglect of
the jaylor, he shall then bee lyable to such penalties as the prisoner was, ac-
cording as the Court which hath cognisance thereof shall determine.

*In answer to the humble & just request of the ouners & master of the [*635.]
ship Speedwell, most of them residing in Charls Toune, humbly desiring the '^''P* -*-'^^° *

W" Russell a,

favour of this Court to impower & enable some meet persons to procure the comittee im-
remajnder of the contributions of the seuerall inhabitants in the seuerall tounes y, ^o^ Jiifuyo^
of this colony, according to their subscriptions, it is ordered by this Court & for y fleet, &5.
the authority thereof, that Cap? Jn° Allen & M" James Russell shall & hereby
are appointed & impowred coinissionersto examine & take the accounts of those
gen*" that haue formerly been betrusted w'^ the collection of the contribution
for his maj'y fleet at Berbadoes, & to doe what euer shallbe necessary for the
effecting thereof, according to the just expectation of the ouners or of any
others that are concerned in that affaire, as is aboue expressed, & their receipt
shall be a full discharge to all persons concerned ; and in case there appeare to
be neede, they are hereby authorized to comence a suit or suits, in their owne
names, for the vse aboue sajd, or by their substitutes, against any person



424 THE RECOEDS OF THE COLONY OF

1669. or persons, toune or tounes, that doe neglect to bring in what they haue
^ '' subscribed as their donation to so good a worke.

19 May.

' . The Court, being informed that there is now in the presse, reprinting,

booke to be re- a booke, ti? Imitacons of Christ, or to y' purpose, written by Thomas a

vised, &c.

Kempis, a Popish minister, wherein is conteyned some things that are less
safe to be infused among the people of this place, doe coinend it to the licen-
sers of the press, the more full revisall thereof, & that in the meane tjme there
be no further progresse in that worke.
M- Danfortii to M'' Thomas Danforth is appointed to keepe the County Courts in Nor-

CourtsTn Nor- ^'^^^^ ^°^ J" Y^are ensuing.

f°l''®- The Court, in remembrance of their order made in the yeare 1654,

Order to re- „ i i ti i i -i

quire y» full of Whereby the eastern pts were ordered to allowe seventeen pounds tenn shil-
y« eastern ai- jj^^gg p annu towards the defraying the charge of such magistrates as were to
maj'trates y' is keepe Courts there, doe order, that what remajnes of the aforesajd suins yet

behind, &c. , , r i rri o t n •

vnpajd be required by warrant from the Tresurer, & account thereof given
to this Court.
Cap' Waidem, Itt is ordered, that Cap? Richard Walderne, Cap? Eichard Cutts, & M'

Cutts, & Sti
mans power,



' Elias Stileman, & either of them, shall & hereby are invested w*"" power to



act in all cases as any one magistrate may doe, w"^in the precincts of Doner &
Comission'3 Portsmouth. And it is ffurther ordered, that the comissioners y' are chosen
smaie Courts *° keepe smale Courts there shall & hereby are impowred at those Courts to
atPortsmouth, (.j-yg g]^ actions not exceeding tenn pounds ffor y° yeare ensuing.

Forasmuch as euery magistrate, associate, coinissioners for smale causes,
&(3, are vnder an oath of God, and that no provition hath been made for such
as are invested w"" magistratticall power by this Court, it is ordered that euery
man to whom such power is derived shall henceforth take the oath herevnder
written, before some County Court or magistrate, before he excert his authority
therein : —
Oath for coinis- Whereas yow, A B, are appointed & comissionated to act & doe in sun-

Bionors associ- _ . , _ . . .

ats &5 •^''y respects as any one magistrate may doe, as expressed m yo' comission,

you doe here sweare, by the great & dreadfuU name of the euerliving God, that
yow will faithfully demeane yo''self therein, w^out favour or affection to any,
to the best of yo' knouledge, according to the lawes here established. So help

Cap' Walderne JOW God.

& M' Stileman j^ ^^^r ^^ t^g request of the deputies for the county of Yorke, it is or-

to asist y« as- ■*■ ^ *> j 7

sociiites In dered, that Cap? Eichard "Walderne & M"" Elias Stileman shall & hereby are
Can' Saitcn- impo'wred With magistratticall power, and to assist in keeping County Courts
stall, Pike,^ j^ ^;hat county w"" the associates there.

Doltons comis-
sion. It is ordered by this Court & the authority thereof, that Cap? Nathaniel




THE MASSACHUSETTS BAY IN NEW ENGLAND. 425

Saltonstallj Cap? Robert Pike, & M' Samuell Dalton be intrusted w"" magis-
tratticall power for one yeare ensuing, & tbat any one of them may doe & exe-
cute, •w"'in their respectiue tounes where they Hue, & not elswhere, whateuer
any magistrate may legally doe.

In consideration of the dlstraccons of the millitary company in Newbery, M' Leu" & Mj'
for the better composure & prevention of the increase thereof, Majo"^ Generall ggjiey. compa-
Leueret & Majo"^ Dennison are hereby desired & impowred to inq^uire into the "y at Newbery.
grounds thereof vpon the place, & to doe what to them shall seeme meet &
necessary for a peaceable setlement, till the nest sessions of this Courbr

This Court doe order, that the neck of land vpon the east end of the great Courts order or
island at Portsmouth shall be seq^uestred for the vse of the fort there planted, tifEcacon at
taking in y" great rock, & from thence all the easterly pte of the sajd island. I'ortsmouth.
And this Court doe further order, the County Court, to be held this summer
at Doner, shall heare & determine the clajmes of any that may pretend title
thereto, & order their just sattisfaction out of the tresury of that county, in
case any just reason for the same to them doe appeare.

*In ans' to the motion of the deputjes for the county of Yorks, Doner, &,&, [*636.]
Majo'^ Generall Jn° Leveret is desired & impowred to keepe the County Courts ^^i' '^^^- ^eu-

eret to keep

of Doner & Yorks in the latter end of this month & beginng of the next ; Dover & Yorke
and that Majo' Brjan Pendleton, M' Francis Neale, M' Ezekiel Knight, & si°"!!y,^."Jo"
Capt Charles Frost shall & hereby are impowred w"^ magistratticall authority ^-ssist, &o.
to act in that county for the yeare ensuing, as any other magistrate may doe.

Whereas there hath been a considerable sume lajd out vpon fortiffecation Cap' Corwins
at Salem, -w"'^ may proove of good vse, yet, for want of some litle further yr^ortifficarion
worke, it is rendered for the present vnserviceable, this Court doeth therefore ** Salem.
order, that Cap? George Corwin take cai-e that the sajd fortiffication be forth-
with compleated, & he is hereby impowred to grant warrants to the constables
to impresse workmen, if need be, for the finishing of the sajd ffortiffication,
J;he charge whereof to be defrajed by the selectmen, who are hereby impowred
to rate the inhabitants for that end & purpose.

Whereas, by distresse of weather, M"" Foster, master of the Dolphin, of Order that M'

.. ._ -i-T) f-h i.1 Fosters top-

Charls Toune, lost his topmast sayle & nggmg m Ipswich 13ay, w-^" was taken ^^^^ ^e re-
vp at Lynn by M' Kinge, & by him deteyned, notwithstanding due recom- ^*°"^ °" ^"^
pence hath been tendred for all his paynes & charge in securing the same, made,
vpon. the request of the sajd master, that he may haue some order for the re-
ceiving of the sajd goods, the want whereof is a great prejudice to him, it is
ordered that Majo'^ Hauthorne be impowred by this Court to heare & deter-
mine the case according to lawe, to allow what recompenc he shall judge
meet, & cause the sajd sayle Sc rigging to be deliuered to the sajd master.
VOL. IV. PART II. 54




THE RECOEDS OF THE COLONY OF

In the case of W"" Eouley, atturney to Jn° Fullerton, plaintiffe, ag' Jn"
SMpwayj defendt, coming to this Court for its trjallj by the magis?s refusing

19 Alav.

P t ■ d ' ^^^ vlrdict of the jury, the Court, on a due hearing & considerations of the
in Rouiey & euidences in the case proeduced, doe find for the plaintiffe one hundi-ed pounds

Shipways case. _ , ., . . , ~ , , , , .,,.

damage, to be pajd in money, & costs of Court, eleven pounds three shillings
& fouer pence, & that the defend' haue all his goods.
Courts judgm' In the case betwixt Robert Wadleygh, pi', ag' Walter Barefoots, defendt,

& Barefoot ^°'^ depending in Court, the pleas & allegations on both sides hauing binn
case. fully l^ard, the Court hath adjudged the sajd Barefoot to give vnto the sajd

Wadleigh a legall conveyance vnder hand & seale, w*'' a covenant that he
stood lawfully seazed of the land in q^uestion at the time of making his coue-
nant w"' warranty ag' himself & heires, M' Samuell Symonds, Sen, & his heirs
& assignes, & all other persons clajming vnder them, or any of them ; & this
to be donne legally & effectually, by or before the tenth day of this month of
June, or els in default thereof to pay the suine of fower hundred pounds, w"*
the cost of Courts.
Courts judgm' In the Case of W" Cogswell, plaintiffe, ag' W™ Story, Sen, Seth Story,

Storrs^case "^ ^" ^tory, Jun, defend's, coming to this Court for its trjall, by the Magis''
in the Court of Asis'^ last refusing the virdlct of the jury, the Court finds for
the plaintiffe the land in controQsy, & costs of Courts.
Courts judgm* In the case of Nathaniel Greene, plaintiffe, ag' Steeven Greenleaf, de-

m reen fendt. Coming to this Court for its trjall by the Magis'' refusing the virdict of

case. the jury of the Court of Asistants last, the Court, on a due hearing & con-

sideration of the case, doe finde for the defend' costs of Courts. The Court,
on further consideration, order y^ plaintiff & defend' to beare their owne
costs.
Order impow- In '^'^^^ to the motion of Jn° Shipway, this Court doe order, that those

rmg Jn° Ship- Q^j^ggj-g qj. others that haue any of those goods that were taken out of the ship

way to gett y» j a t:

goods lost, &E. Ellinor & Christian, whereof he was master, after it was carrjed on shoare on
Salisbury beach, shall deliuer the same to the said Shipway, or his lawfull
assignes, he paying all just charges expended in taking them vp, or keeping
them J and also, he hath liberty granted him to take out a warrant for to
search for any pt thereof that is concealed & deteyned from him in the hands
of any person or persons w'soeuer.
Courts judg- The Court, hauing heard the complaint & accusations of Xtopher Lawson

men m au- ^ j^-^ ^£g^ ^^^ against the other, w"* their seuerall pleas & allegations, doe



sons case.



finde they haue lined very sinfully & irregularly for many yeares past, & haue
binn very injurious one towards the other, contrary to the ordinance of God &
their marriage couenant, & doe therefore order & hereby injoyne them, for the



■ Y ~

19 May.



THE MASSACHUSETTS BAY IN NEW ENGLAND. 427

time to come, to Hue quietly & peaceably together as man & wife, w"'', if either 166 9.
party refuse or neglect to doe, vpon complaint & conviction before any County
Court, the sajd party shall be comitted to the house of correction, or forthwith
to depart this jurisdiction, not to returne againe w'^out license of this Court
or the council ; & for that end that they may observe this injunction, the
woman is hereby set at liberty from hir ^sent imprisonment.

*Capt Jn" Pinchon, Cap? Edward Johnson, & M' Willjam Parks are ap- [*637.]
pointed a comittee to consider of the seuerall peticons eshibbited to this Court, Comittee for

petiuons.

& make returne of what they judge meete to be donne therein to the Court.

' Capt Thomas Clarke, Cap? Hopstill Foster, & M' Anthony Stoddard, or CoSittee to
any two of them, are appointed & hereby impowred to take the Treasurers ^^^^
acco' sometimes between this & the next session of this Court, & to make re-
turne thereof at the sajd next session.

And whereas there is a difference betweene the country Treasurer & the & to issue dif-

ferenc as to y*

constable of Lynn, about the prosecution of hues en cry, & some other acco'% constable of
power is hereby given to the aboue sajd cofaittee to inspect the sajd differences, ^7'^^^' ^''■
& together w* the Tresurer, to put issue thereto.

Whereas Edward Diincker, of Boston, being legally returned by the Courts order &

, _ _ p'sent release

constables of Charls Toune, for assembling w'^ the schismatticall assembly ofEdw.
of Annabaptists at Thomas Golds house on the Lords day the T^ of March ^^^'^^''^ef-

Edward Drink

last, according to the sentenc of the Generall Court, October 11"', 1665, was er.
comitted to prison vntill the Generall Court, & was further admonished of the
euill of such a turbulent practise, thereby open opposition & disturbance being
given to the lawes & authority here orderly established, and doe order his
present release ; and in case he be againe convicted of the like offence w* the
sajd company, to be comitted to prison by any magistrate or Court that shall
haue propper cognisance thereof, vntill the Generall Court or councill shall
give further order.

In ans' to the humble peticon of Lef ? Peeter CoQyn, humbly deslrine the Peter Coffyns

• J 1 ^"-^ abated to

fauor of this Court to remitt or abate his fine imposed, the Court judgeth 25".
it meete to abate the petitioner the "one halfe of the fine, viz', twenty fine
pounds.

In ans' to the humble petition of Cap? Thomas Clarke, on a second mo- Courts ans' to

Cap'Clarks

tion, & consideration thereof, the Court judgeth it meete to grant the peticQner peticon ; a
a hearing of the case mentioned in his peticSn, he giving notice to the partjes lH^^'^fJ^ '"'"
concerned to appeare before this Court to make there defence, & attend the
issue thereof at their next sessions.

In ans' to the petitions of the inhabitants of Ipswich & Glocester, exhib- Ansnolpswicb

"^ & Glooestera

bited to this Court in relation to Thatch Banks, &d, the Court judgeth it meete peticon.



428 THE RECOKDS OF THE COLONY OF

166 9. to declare that, notwithstanding the lawe about priuiledge to low water marke
"^ one hundred rods, yet, when tounes doe not grant their lands to the riuers, but

1Q TyTav

otherwise bound mens lands that lye by the riuerside there, they haue not

liberty to clajme further right by the sajd lawe, though where no such bounds

were sett, or reserves made in grants, the Court declares that the sajd lawe

must take place, & doeth cleerely determine the case, it remaining w"' the

Court to consider the lawe as they see cause.

Courts sen- Thomas Payne, late trader among the Indians at Pennicooke, vpon Mer-

Payne & his ^imack Riuer, appearing before the Court to giye an account concerning the

fine, 30". death of Thomas Dickerson, lately there slajne, pleaded that he was wholly

ignorant & innocent concernng his death, yet confessed that he traded licquors

w**" the Indians, whereof he sajd he kept no account of the quantity, -w"^, by

the confessions of the Indians, on theire examination about the death of the

sajd Dickerson, was the occasion of the murderous act. The Court, on a full

hearing of the case, doe sentence the sajd Payne to pay a fine of thirty pounds,

to be pd to the country Treasurer.

Jonathan Ne- Lajd out to Jonathan Negus, of Boston, two hundred acres of land, in

gus arme o ^^ wildemes, on the north east of Merrimack Eiuer, vpon a branch of Beavar

200 acrea. ' ' ^

Brooke, next adjoyning to land lately lajd out to M' Richard CoUicot. It be-
gins at a maple tree marked in a maple swampe, in the south South west Ijne
of the sajd CoUicotts farme, & so is bounded by the sajd fiarme on the west, &
extending sixty & eight pole beyond the sajd farme due north vnto a pillar of
stones lyng on the south side of a rockey hill ; & from thence it runnes east &
north one hundred fivety sixe pole vnto a pine marked w"' N N ; from thence
it rvnns due south two hundred & twelue pole ; from thence it runns due west
one hundred & ninety pole to the first maple, w* is the closing Ijne ; it
^ bounded partly as aforesajd, & elswhere by the wilderness ; y® exact forme
or figure of it doeth appeare by a plott taken of y° same by

JONATHAN DANFORTH, Suiveyo'.
3 m", 1669.

The Court allowes of this retume.

Ans'to Georg In ans' to the petition of Georg Sagamore, the Court declares that his

con!"""'' ^^ " clajme menconed in his petition concernes not the Generall Court to deter-
mine, but leaue him to the proprieto'^s of the land to give him as they & he
shall agree.



"t3'-



Courts ans' to jn ans'' to the peticon of Eobert Wadleigh, the Court judgeth it meete

Rob' Wad-

leighs peticon. to grant the peticoner a hearing of his case at the next sessions of this Court,



THE MASSACHUSETTS BAY IN NEW ENGLAND. 429

& that suSons be issued out by the secretary, that all persons concerned may 166 9.
haue notice thereof then to appeare. " "< '

In ans' to the peticon of M' Deane & M'' Addam Winthrop, the Court ^^^, ^^ ^Jj
judgeth it meet to grant them a hearing of the case in their peticon exprest, Deane & M'

• • 11 • 1 c 11 Adam Win-

they givmg seasonable notice thereof to all partjes concerned. throps petiuon.

*In ans' to the petition of George Carr, the Court, having heard his alle- [*6o8.J
gations & pervsed seuerall Court orders referrins to the case, doe declare, that ■*-"^' *° George

, . O > > Can-s petition.

the peticbner ought to haue his couenant made good, according to the order of
Salisbury Court, 9 m°, 1650, to haue the whole dispose of the sajd fferry on both
sides of the ryver, there being no complaint of deficjency of the bridge, or of
Carrs attendance by boat or otheruise, but, contrarywise, desires from from
seuerall selectmen of the continuance thereof in his hands, & therefore can see
no ground to allo^v of the setting vp of another fferry there, but judge liberty
may be granted to sett vp a ferry or ferryes in other places on that riuer, vse-
full for the country, the said Georg Carr having the refusall of keeping the
fferry at or about Powwaws Eiuer, he keeping & attending on it for the ease
of the country, & on the same termes that it was granted to him that now
keeps it, by order of the County Court at Hampton or Salisbury, liberty of
magistrates & deputjes to passe ferry free, as it was by law setled before the
agreement the sajd Carr made about the sajd fferry, which he accepted not
then against.

Lajd out to M' Richard CoUecott, of Boston, two hundred acres of land 3 mo., 1669.
in the wilderness, the north east of Merrimack Riuer, lying vpon Beavar ^^f^f2W
Brooke, northward of Weymesick, about seuen miles from the sajd riuer. It acres lajd out.
Ijeth vpon the east side of the sajd Beavar Brooke, & so runs vp the sajd brooke
about two hundred and thirty pole, vnto a great white oake, marked w* C, &



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 51 of 77)