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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bounded by the sajd brooke on the west ; from thence it runs east north east
two hundred & seventeen pole, w* extends about twenty pole eastward of the
aforesajd litle brooke vnto a pine, markt as aforesajd ; from thence it runns
due south thirty pole ; from thenc it runns south south west two hundred
seventy & six pole, w* closeth to the mouth of the Htle brooke rvnnig into
Beavar Brooke, as aforesajd, where wee begann. It is bounded on the east
side partly by land lately lajd out to Jonathan Negus, of Boston, & by the
wildernes elswhere ; the forme or figure thereof is more fully shewed by a
plot taken of the same

By JONATHAN DANFORTH, Surveyor

The Court approoves of this returne.



430 THE RECORDS OF THE COLONY OP

16 6 9. In ans' to the peticon of Joseph Porter, humbly desiring the favo' of this

' ^1 Court to acquitt him from contributing to y° maintenance of Mary Negus

19 May. i -i t d i ,^

Ans- to Joseph ^n^^"' "^^> the Court sees no reason to grant his request.

Porters peti- The Court, ou pervsall of the articles of agreement between this colony

tlon.

Mt Edw. Hii- ^ t^6 inhabitants of Douer, &S, seuerall of them well remembring that M'
tons exemption Edward Hiltou was one of those that were comissionated to agree w"' this

from country

rates. Court in behalfe of the inhabitants of Piscataqua, doe declare that M""

Edward Hilton is, according to the articles, justly exempted from the
country rates, & that accordingly he be freed from such impositions, & that
the Tresurer of the country discounts M"" Hiltons proportion w"* the consta-
ble of Exitur vpon his account y' was imposed on him by the last county
coinissioners.
Ans' to Mary In ans' to the request & motion of Mary Gardner, of Hingham, admls-

quest°&seiiinK ^^^^^^^ ^o the estate of the late Jn° Gardner, it is ordered, that the sajd. Mary,
of that estate the admnistratrix, shall pay to hir eldest sonne, at the age of twenty one

of Hingham. ^ -^ . . . .

yeares, forty shillings, & to each of the other nine children twenty shillings a
peice ; at the age of twenty one yeares the sonnes, & at eighteen yeares the
daughters ; and that the sajd Mary shall haue the rest of the whole estate to
sell & dispose of to hir oune vse, she bringing vp the children.
Ans' to Marl- In ans"^ to the peticon of the inhabitants of Marlborough, the Court de-

con ' clares that if it doe indeed appeare that their bounds were lajd where former

grants had first taken place, that then such tract or grants of land as was
formerly granted to others shall be abated, & taken off from Marlborough,
and they allowed the like quantity of land in that vacant place of land men-
coned, lying betwixt them & Sudbury ; & for setlement hereof Leif t Fisher &
Leif t Beeres be impowred therevnto, the toune of Marlborough defraying
their charges.
[*639.] *Iii ans' to the petition of John Checkly, it is ordered, that Majo'

Ans' to Jn« Generall Leueret, M' Humphrey Davy, & M"^ John Wisewall shall & hereby

Checklys peti-

Eo. are appointed & impowred, or any two of them, as coinissioners, to examie &

admister oaths to persons suspected in conceling the estate of the sajd Thomas
Broughton ; as also that he shall haue the benefit of the lawe which requires
sattisfaction by service where estate cannot be found.
Ans'toHadley In ans' to the petition of M' Ja° Eussell, pastor, & M' "Willjam Good-

peticon. ^j^^ ruling elder of the church of Hadley, and in their names, this Court

declares that the Court, in their order 1668, in October, medled not at all w*
the relation that any of their members stand in to the church, neither doth
that act enforce any dismission of their members, or ceasing of relation or
obligation to duty ; and this answers the greatest part of their petition.



r

19 May.



THE MASSACHUSETTS BAY IN NEW ENGLAND. 431

especially since tlie diurch expressetli themselues not willing to keepe them 166 9.
bound to them, but would hasten them to be in a capacity for dismission, in
■which respect it is hoped & expected, & the rather being desired by their
brethren, that they would encourage & countenance them in procuring such a
godly & able minister as may be a blessing to both sides. Concerning the
other part of the petition, and in explication of the forementioned order of
Court, it is declared, that the Court intended a mutuall agreement in joint
allowance to both ministers, when the west side should procure one, and in
case of their not agreeing herein, then the inhabitants on the west side should
comfortably prouide for the maintenance of that minister on the west side, &
so be fi-eed from any allowance to him on the east side ; and this way of the
Courts determiiig it thus being only in case of their- not agreeing to main-
tejne them jointly, when a minister should be setled on the west side, accord-
ing to this Courts allowance. It is not intended by the Court, nor reasonable,
that those inhabitants who are much the fewer number, & less able, should be
forced to allow towards the east side, especially since it is prouided for the
east side that the west side shall not rate any of their lands w* Ijes on the
west side, w"*" is vnderstood to be meant while such persons were actually lin-
ing on the east side, because els their uill continue a vast disproportion in the
land allowed towards majnteynig of the minsters, and uill proove an ease to
the east side of what it would haue been to them, though the west side had
joyned w*'* them in mainteynig two, w* they haue always held forth to this
Court that they intended. As to a motion about three lotts on the west side yet
vndisposed of, the Court judgeth it very reasonable they be allowed & setled
to the inhabitants on the west side, in refference to their minister, & maynte-
nance of him ; & that no other but meete persons to encourage & further that
. worke be enterteyned in them. And in case either party declare themselues
vnsattisfied w"" this setlement, or present explication of the Courts order, the
Court judgeth it meete that a coinittee of vnjnterested & vnconcerned persons,
be impowred by this Court to repaire thither, & vpon vejw of the land, &
what may be alleadged by both partjes to appoint & setle what shall belong to
the maintenance of the minster on one side, & what to the maintenance of the
other ; who shall draw the Ijne of diuission of land vpon that account, & make
retume thereof to the next sessions, that it may be enrouled for a full issue
of this matter.

In ans' to the peticon of M"^ Jn° Elliot, in behalfe of the Indians at Ans» to Naticlc
Natick, the Court judgeth it meete to desire & impower the honoured M' go„_
Edward Tyng, M' Edw Jackson, M' W"' Parks, & Lef ? Eichard Cooke, the
former comittee, to repaire to the place, & on their vejw of the Ijnes before




432 THE RECORDS OF THE COLONY OF

some or both parties concemd, to declare vnder their hands where the bounds
they setled between them Ijes.

[*640.] *May 8% 1669, at Kittery.

Kitterys limits Att a generall meeting of the inhabitants of the toune of Kittery, it

&c,'p' a^em' ^^® Ynanimously concluded, that for prevention of the burthen to its inhab-
confirmd by y" itants, w*'' respect to meeting for the publick worship of God & traynings, in
regard of the distant dwelling of the inhabitants as at present accounted in
one toune, that, w*'' respect to the occasions abouesajd, Stergeons Creeke shall
be a dividing Ijne betwixt the vpper & neither part of the sajd toune, that
none shall be required to come ouer the sajd dividing Ijne either for publick
worship or for trajingg, except one meeting yearely for trayng two dajes
time, and this agreement to be presented to the Court for a full establishment
thereof, & the other traynng dayes w* the lawe requires to be kept in the
district divissions ; & one or two dajes yearely to be, if neede require, for
publick toune meetings for making choice of country & toune ofHcers to be
had yearely ; and who euer neglects to attend the publick meetings, vpon
notice given according to custome, of this toune, is to pay fine shillings. By
generall consent of the inhabitants of the toune. p me,

THOMAS HEARD, Toune Clearke.

This Court judgeth it meete to confirme this agreement of the toune of
Kittery, & to stand in force during this Courts pleasure.-

Y' inhabitants There being a motion made to this Court in the behalfe of the inhab-

°ll w°d°t°b itants at Woronoake belonging to Springfeild, that they may be a touneship
touneship, & of themselues, Springfeild being willing thereto, as appeares p coppy of an •

called West-

feiid. order of that toune, vnder their record'^s hand, w"*" remajnes on file, this Court

judgeth it meete to grant them to be a touneship, and allowes them, according
as other tounes, .all priuiledges, and that the sajd toune be called "Westfeild.

Inhabitants of In ans' to the petition of the inhabitants of Oyster Ryuer, the Court, by

Imon answ* y°'' ^omittee, hauing heard y" petitioners, w"^ what Capt Walderne alleadged
in behalfe of Douer, that that toune is not informed of this motion, & by pe-
rvslng many papers presented in the case, together w"" what is granted &
yeilded on both hands, it is hopefull there may be an agreement & setlement
of things betwixt themselues, w* this Court coinends to them, judging it best
that they should jointly agree vpon termes w"*" may be most advantagious to
each other, & for publick good ; and for that end judge it meet to respit the
case till next sessions of this Court, when what they shall agree vpon may be



THE MASSACHUSETTS BAY IN NEW ENGLAND. 433

confirmed by this Court, or in case of non agreement, the petitioners to give 1669.
notice in due season to their neighbours & brethren of their intendflits further ^ '^ ""
to prosecute this motion of being a touneship at the next sessions of this
Court, that so they may haue an oppertunity to make answer thereto.

To the much hono'^d the General! Court of y" Massachusets colony, assembled 20 May.

at Boston, 30 May, 69. Portsmouth

•' adress.

The humble addresse of y^ mhabitants of the toune of Portsmouth
Humbly sheweth, —

That seeing by your meanes (vnder God) wee enjoy much peace & quiet-
nes, & very worthy deeds are don to vs by the favorable aspect of the gouern-
ment of this colony vpon vs, we accept it alwajes & in all places •w*'^ all
thankfuUnes ; and tho wee haue articled w*'' yo'^selues for exemption from
publique charges, yett wee neuer articled w"' God & our oune consciences
for exemption from grattitude, which to demonstrate, while wee were stud-
dying, the loud groanes of the sinking coUedg, in its present low estate, came
to our eares, the releiving of which wee account a good worke for the house
of our God, & needfuU for the perpetuating of knouledge, both religious &
ciuil, among us, & our posterity after us, & therefore gratefull to yourselues,
whose care & studdy is to seeke the welfare of our Israeli. The premisses
considered, wee haue made a collection in our toune of sixty pounds j) annu,
(& hope to make it more,) which sajd sume is to be pajd annually for these
seuen yeares ensuing, to be improoued, at the discretion of the honoured ouer-
seers of the colledge, for the behoofe of the same, and the advancment of
good litteratui-e there, hoping w'^'all that the example of ourselues (w* haue .
been accounted no people) will provoke y= rest of the country to jealousy,
(wee meane an holy emulation to appeare in so good a worke,) & that this hon-
oured Coui-t will, in their wisdomes, see meete vigerously to act for the divert-
ing the sad omen to poore ISTew England, if a colledge, begun & comfortably
vpheld while wee were litle, should sine, now wee are groune greate, especially
after so large & proffitable an harvest that this country & other places haue
reaped from the same.

Yo' acceptanc of our good meaning herein will further obleige vs to
endeavo' the approoving ourselues to be

Yo"' thankfuU & humble servants,

J]Sr° CUTT,
RICHARD CUTT,
JOSHUA MOODY.
In the name & behalfe of y^ rest of y* subscribers in y^ toune of Portsm**.

VOL. IV. PART II. 55




20 May.



THE RECORDS OF THE COLONY OF

This addresse from y" inhabitants of y" toune of Portsmouth was jpsented
by M' Richard Cutt & M' Joshua Moody, 20 May, 1669, & gratefully ac-
cepted of; & the Gouerno"^, in the name of the whole Court mett together^
returnd them the thanks of this Court for their pious & liberall gift to the
the coUedg therein.

As attests EDW: RAWSON, Secrety.

[*641.] *In ans'^ to the petition of the inhabitants of Mendon, the Court, finding

27 3mo., 69. ^\^^^ ^j^g place is but meanely provided for of meadow, & that the distribution

Courts ans'

& grant to akeady made is but smale to them that haue the most, doe order & grant the
- '^'^r" ^^ ' sajd toune the meadow petitioned for, i. e., as appeares in a paper annext, be-
ing a ninety acres, w"*" is on file, & is for the accomodating such persons among
them as haue none, or any new comers to them. As to their other desire, the
Court judgeth it meet to impower Colonel W™ Croune to give the present
constable his oath, & to give oath to the jury, as to y^ vntimely death men-
tioned, & receive their virdict accordng to lawe ; and also impower him to
solemnize marriage in that toune of Mendon, so as the parties be residing in
that toune, or at least one of them, according to lawe ; & this to continue till
this Court take farther order. And to their request, that M"^ Bracket & M'
Moses Pajne surrender vp their Indian purchase & other papers in their hands
belonging to Mendon, the Court orders, y' they shall accordingly resigne &
deliuer all vp to them, they performing and sattisfying to y^ id M' Bracket &
Moses Pajne according to engagement to them ; and as to that referring to their
Ijne intrenching vpon a former grant to the Indians, the Court grants them
. liberty to extend their Ijne on the other side of them, according to what the
Indian grants take of.

Sam. Chapms A plat of two hundred acres of land, w* was granted to Sam Chapin by

out & confimd *^® Generall Court IS"" of May, 1664, returnd as lajd out, about fewer

on condioon. miles from Mendon, bounded as in y" sajd plat, w'='^ is on file, was approoved

of by this Court, prouided it exceed not two hundred acres, as also that it

take not in any of the meadows now granted to Mendon ; reserving liberty of

wayes for toune or country, if neede be. Lajd oat by

JOSEPH WHITE, &
BENJAMIN ALBY.



Ans' to M' In ans' to the petition of the ffeoflfees of the schoole of Roxbury, signed

for fr^eschoole ^7 ^" ^^^ ^lljo* & '^' Thomas Weld, & for the due encouragement of the
at Roxbury. schoole at Roxbury, this Court doeth appoint Majo'' Generall Leueret, M'



THE MASSACHUSETTS BAY IN NEW ENGLAND. 435

Edward Tyng, M' Staughton, & M'' Thomas Shepheard, or any three of 1669.
them, to be a comittee to inqtiire into the true state of this affaire, to heare "" '* '

27 Mav.

what may be sajd pro et con, endeavoring what in them Ijes an amicable agree-
ment & full setlement of that affau-e amongst themselues, Sc if that cannot be
obteyned, to make their report where the obstruction Ijes, & what it is, to the
next sessions of this Court, that so the obstructions may be remooued, & so
good & pious a worke may be confirmed & determined according to the minde
of the dono''s of so charitable a worke.

In ans"^ to the petition of "W™ Salter, it is ordered, that M' Anthony Ans' to "W°
Stoddai-d & M' W™ Parks shall & hereby are impowred & desired to make con.^"^^^^
such repaire of the prison house as may make it suificjent, & to that end they
are impowred to impresse any workeman for effecting the same, & to charge
bills on the country Tresurer, for defraying the charges.

In ans^ to the petition of Josiah Cobbet, & Mary, his wife, & of Jn" Ans' to Josiah
llsley, & Sarah, his wife, the matter of this petition having past thro two goj,
County Courts & a Court of Asistants, in all which the Court & jurys past
against the petitioners, & at the Court of Asistants a vniQsall concurrance of
the Magistrates passed ag* them also, and therefore the Court sees no cause at
all to grattefy the petitioners in granting them any further opportunity to
spend their estates, or give further trouble to this Court.

"Wee, the comittee of the Generall Court, whose names are subscribed,
being appointed & impowred to lay out, setle, & manage a plantation at or
about Quansigamund Pond, twelue miles beyond Marlborough, in the roade
way to Springfeild & Hadley, which place is very coinodious for the scittua-
tion of a tonne, the better to vnite & strengthen the inland plantations, and in
all probabillity willbe advantagious for travellers, it falling neere midway
betweene Boston & Springfeild, and about a dayes journey from either. "Wee
hauing lately been vpon the place, to make an exact discouery & survey
thereof, accompanjed w'^ sundry honest and able persons, that are uilling
forthw"» to setle themselues there, but finding some obstructions in the worke,
which vnless this Court please to remoove, (and wee conceive they may justly
doe it,) the proceedings uill be vtterly hindred, and therefore wee shall
humbly offer vnto the honoured Court, desii-ing help therein, —

!»'. "Wee finde that, though this place conteynes a tract of good vpland,
yet it is much stfightned for meadow, wee cannot finde aboue three hundred
acres of meadow belonging to it w*in seuerall miles, but there are swamps
and other moist lands that in time, w"" labour & industry, may make meadow.

2'y. Wee finde there is a grant of one thousand acres vnto the ministry



436



THE RECOEDS OF -THE COLONY OF




[*642.]

Returae of
comittee ab'
Quansiga-
mond, &o.



Pamaquesick
on Checkaby
Kifi & Suok-
quakege lands
reserred for
plantations.



of Maiden, May the 7'^ 1662, -which grant is lajd out in this place, as in the
booke of reccords, page 456. This farme conteines a chojce tract of land in
the center of this village, & swallowes vp about one hundred acres of the
aforesajd meadow; but the condition of the grant, as the reccord will declare,
is, that it be improoved w^'in three yeares after the grant *for the ends 'where-
fore it was granted, but that being not donne, for it is now aboue sixe yeares
since, & no improoyement made, wee app>hend the grant is voyd, (but yet if
the Court please to renue it in another place, wee speake not to oppose that;)
but if it be continued & confirmed in this place, it will vtterly hinder the set-
ling a plantation here.

3<uy_ There is another grant of land vnto Ensigne Nojes, deceased, lajd
out in this place, conteyning two hundred & fifty acres of chojce land, w"' a
considerable quantity of meadow, lying in the heart of this place, & by him
sold to one Ephrajm Curtis, a young man Ijving in Sudbury. Wee desire the
Court will please to make voyd this grant, being not lajd out regularly for
quallity or quantity, (as wee conceive,) & will very much prejudice this toune :
the person concerned may haue this land in another place bordering vpon this
toune, where there is sufficient to accomodate it, & also may haue a lott in this
toune if he desire it.

4'y. "Whereas the Court in their grant of this toune hath reserved two or
three hundred acres of land, w**" a proportion of meadow, to be lajd out for the
coinon-wealth, if it please the Court (because of the streightnes for meadow)
to abate that reservation, so far as it concernes meadow, it will greatly incour-
age the worke.

If y^ honoured Court please to remoove these obstructions, wee hope it
will not be long before this place be setled in a good way, for the honour of
God & the publick good.

The coinittee hauing in their journey discouered two other places beyond
this, to the westward, that will make two or three tonnes, the one place called
Pamaquesicke, lying vpon the head of Chekaby Riuer, the other place called
Suckquakege, vpon Connecticot Eyver, (nearer to Boston then Hadley is,)
we desire the Court will please to order that these places be reserved to make
tounes, the better to strengthen those inland parts, & y° laying out of particu-
lar grants prohibbited in the sajd places.

DANIEL GOOKIN,
THOMAS PRENTIS,
D. HENCHMAN,
EIC: BEARES.



THE MASSACHUSETTS BAY IN NEW ENGLAND.



437



The Court approove of tliis returne, the seccond & third ptlculars as to 166 9.
Maulden farme & Curtis land excepted, & orders that the lands mentioned to
be reserved for publicke vse, for two or three inland tounes, be reserved for
those ends.



Y

27 May.



In the case of Thomas White, plaintiff, ag' Robert Cross, defendt, the Crosses costs
sajd White not prosecuting his action at this Court, the Court granted the
defendt his costs, i. e., sixteen shillings.



Es^s



*Att the second Sessions of the Generall Court, held at Boston,
the 12'" of October, 1669.

Present, Richard Bellingham, Es^, God,
Era Willoughby, Es^, Dep* Go\^.
Symon Bradstreet,
Samuell Symonds,
Daniel Gookin,
Daniel Dennison,
Symon Willard,
Richard Russel,
Tho Danforth,
W"° Hathorne,
Eliazer Lusher,
Jn° Leueret,
John Pinchon,
Edw Tyng,

aU^ST: What shallbe his punishment that hath had carnall copulation
w* a child vnder eight yeares ? The reason of the cLuaistion is, that it
seemeth not to be a lesse offenc w"" one of eight yeares then w«^ one aboue
tenne yeares, w* the lawe provides for; and in capitall cases where there is no
positive lawe, the Generall Court must determine what the lawe is. The
resolution of the quEestion is, that such a person ought to be punished w'l- some
greivous punishm*.

Forasmuch as carnall copulation w* a woman child vnder the age of tenn
yeares is a more heynous sin then w'" one of more yeares, as being more in-
humajne & Tnnatuiall in itself, & more perrillous to the life & well being of



[*643.]

12 lictobei



438



THE KECORDS OF THE COLONY OF




Day of thanks-
giving, Nov.
17.



Question re-
solu^.



Yorkshire
Courts.



LeP La. Hani'
ond cap'.



M' "WiUowgh-
by lOOO ace.



Hauerill offi-
cera.



the cHldj it is therefore ordered by this Court & the authority thereof, that
■whosoeuer he be that shall comitt or haue carnall copulation w* any such
child vnder tenn yeares old, & be legally convict thereof, he shall be put to
death.

The Lord having been very gracious vnto vs, hearing our prayers when
wee cryed vnto him this last summer, for his sparing & pardoning mercy &
compassions to be towards vs in stopping the botles of heaven, that by exces-
sive rajnes then seemed to threatten a greivous famine' among us, & together
thereuith hath mercifully lengthened out the hearvest season, adding his oune
speciall blessing to the ffiruites of the earth for the releife of man & beast, farr
beyond what in a vsuall course could haue been expected, it is ordered by this
Court, that the IT"" day of November next shall be sett a part, & solemnly
kept by the people of this jurisdiction a day of thanksgiving vnto the Lord,
& that the seuerall elders & ministers of the seuerall congregations give notice
hereof seasonably to their respective people.

Quesl. Whither Treasurers, & other persons exempted by former lawes
from paying country rates or county, are also fi-ee from payment of a penny
on the pound on all goods imported, as in the late lawe is prouided. The
Court resolues this qusestion on the negative.

This Court, vnderstanding that the keeping of the County Courts of
Yorkeshire is not so convenient for the county as some other place besides
Yorke toune, this Court doe order & declare, & be it ordered & declared by
the authority of this Court, that henceforth the County Courts of Yorkshire
shall be kept by turnes at the toune of Wells & the toune of Yorke ; & the
next Court to be kept in that county is to be kepd at the torme of Wells, at the
times prefixt by lawe, & so in course.

It is ordered, that Leiftennant Lawrence Hamond be captajne, Ensigne
Joshua Ted be leiftennant, & John Cutler be ensigne for the conduct of the



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 52 of 77)