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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ffoote company in Charls Toune, & that comissions be given out, according to
lawe, vnto the seuerall persons for their comissionating of them to their
seuerall charges.

This Court, considering that our honoured Deputy Governo'', Francis
Willoughby, Es^, hath as yet had no acknouledgment of the countrys respect
to him, by grant of lands or otheruise, as haue been sheune to some others
that haue not donne that publicLue service which he hath donne for this place,
aswell in England as here, doe therefore grant him one thousand acres of
land, to be lajd out in any place that may not prejudice a plantation.

It is ordered, that George Broune be left, and James Pecker ensigne, to
Hauerill millitary company, vnder the conduct of Nathaniel SaltonstaU, cap?.



THE MASSACHUSETTS BAY IN NEW ENGLAND. 439

lu ans"^ to the motion in the petition of seuerall y'' inhabitants of Con- 166 9.
cord, Chelmsford, Billirrikey, Lancaster, Groten, the Court judgeth it meet, & ' ^ '

111 1 T • • 1 c • ,• 12 October.

doe order, that such persons hvmg m the frontier tonnes -^''^in the county of ^ ^ ^^^ ^ .^
Midlesex as are legally capacitated to lyst themselues troopers shall haue liberty Midiesex.
to doe the same, vnder Thomas "Wheeler, Senio'', of Concord, whom this Court
appoints to be their leiften' ; & for such others as are already listed in the
other troope in that county that may find it more convenient to joyne in this
new troope, they haue liberty so to doe, prouided they doe it orderly &
legally, & that a sufficjent number be left in the old troope, according
to lawe.

*In ans"^ to the petition of M'' Jn" Pajne, humbly desiring the favour of [*644. |
this Court to confirme the vyrball sale of the late Jn° Euered alias Webb of '^""'"'^ ^"^' *"

•' _ _ ■* _ M' Jn« Paynes

a peece of land at the north end in Boston, hauine pajd fully for it, &6, the petition.
Court judgeth it meete to declare, that the petitioner hauing binn in possession
so long as is testified on the oathes of W™ Howard, Esdras Read, to the said
petition annext, that, in case the oathes be taken before two magistrates, & re-
corded in perpetuam rej memorjam, & that he gett a deed from the adminis-
trator, it shall be a legall title to him.

In the case depending betweene Theoder Atkinson, Sen, & M' Habbacuk Courts judg-
Glouer, coming to this Court by the Magists refusing the virdict of the jury kinson&Giou
at the last Court of Asistants, the Court, on a full hearing of the case & perv- "'
sail of accom'* betweene them, doe finde for the sajd Atkinson costs of Courts,
seven pounds one shilling* & eight pence.

In ans"^ to the petition of Maiy Gallop, widdow, humbly desiring the Ans' to Mary
favo'' of this Court that she might be enabled to sell some part of the land ^^J^°^^ ^^ '
belonging to hir late husband Samuel Gallops estate, that she may pay the
just debts & repaire the wharfe, the Court grants hir requests, in granting hir
liberty & authority to sell part of y'= land, not exceeding one hundred pounds,
for y« ends aforesajd, & releif of hirself & children.

Lajd out a farme for Capt Hudson, of Boston, of three hundred acres, at Capt W"

"Wayding Ryver, & rvnns vpon a Ijne nere west one hundred & sixty rodds to 0/300 "or^™*

a walnut tree that wee marked w"" a marking iron ; & from that walnut tree ^^J^ <>"' a*

"Wading Eyu-

vpon a Ijne neereabout northwest fifty rodds to a great pond that Wading er.
Eyver comes out of; and from that part of the pond it is bounded by the
poiid about one hundred rod to a smale black oake marked; and from that
smale blacke oake it runs about north east & by north forty five rod to a white
oake ; & from thence to another white oake fifty six rod in length ; & from
that white oake a line of marked trees one hundred & seventy rod eastward to



Y —
12 October



440 THE RECORDS OF THE COLONY OP

16 6 9. a stake w"' a heap of stones about it, a litle of the east side of Seacunck Path ;
& from that stake vpon a Ijne towards the south two hundred & twelue rodds ;
& from thence ypon a Ijne fifty rod to Wading Eyuer towards the west, the
place wee begann at, as may further be demonstrated by the plott. This land
was lajd out accordingly, as is aboue described. Dated the 19 October, 1669.

By me, JOSHUA FISHEE.

Daniel Fisher also consenting, asisting in laying out this tract of land,
by order of this Court.

The Court allowes & approoves of this returne, & orders that the two
hundred acres, pt of the grant yet vnlajd out, adjoyning to what is aboue re-
turned, provided it intrench not on former grants.

Newbery milit. It is ordered, that the setling the millitary officers at Newbery be ref-

M' Gen. Leu- furred to the Majo'' Generall Leueret, till the Court of Election next.
^"^ In ans' to the petition of some of the inhabitants of Concord, it is or-

cord peticon as dered, that Leif ? Wheeler, of Concord, Deacon John Heynes, of Sudbury,
to a new plan- j^j^gg porker, of Groaten, John Moore, of Lancaster, & W'" Kerly, of Marl-

tation. ' ' ' ■"

borough, shall & hereby are appointed a coinittee to vejw the tract of land
mentioned in the petition, at the charge of the peticoners, & make their report
to this Court of the quallitje & quantity thereof at the next Court of Election,
whither it be capeable (if the farmes be lajd to it) to make a village ; then the
Court will consider of the request of the peticoners, & doe therein what may
be for the publicke good.

Jii» Oilman The Court, vnderstanding that there is about sixty souldjers in Exitur, &

that no coiiiission officer is sett oner them, John Oilman is by this Court ap-
pointed to be leiftennant to the military company at Exitur, & that the secre-
tary issue out a coiiiission to him, according to lawe, that so he may excercise
the company as the lawe requires.

Jn" Gerrisii This Court judg it meete to appoint John Gerrish to be quarter master

P ^t ™ °th & *° ^^^ troope raysing in Portsmouth & Dover.

Dou' troope. *Iii the case of M' John Freake, ag* Robert Marshall, defendant, coming

L o*'-*-J to this Court, by the bench at the last Court of Asistants not concurring w*''

in n-eaks &" *^^ j'^^^ virdict, it is ordered that the case be referred to the due examinna-

M'shaiis case, tion & consideration of M'' Edward Tyng, M"^ Humphrey Davy, & M'^ An-
thony Stoddard, a comittee as auditors appointed by this Court, to call the
partjes before them, (for w"*" end the partjes are enjoyned to attend,) & make
their report of what they shall finde to the next Generall Court, for their full
determination & issue, the charges to bee allowed by the parties.




THE MASSACHUSETTS BAY IN NEW ENGLAND.

The grant of this Court to Richard Heildreth, of Chelmsford, of one
hundred & fifty acres of wast land, lajd out by Dauid Fiske, survey o', &
bounded w"* Concord lyne on the south east. Cap? Daniel Gookins farme ,,„ , '

■' J r 150 ac's to

northerly, & the wildernes elswhere surrounding, according to a plot returnd, 'R^"^- Heil-

. TCT-/-I 1/-1 dreth allowed

& is on file w'" the reccords of this Court, w"'^ the Court allowes & ap- as lajd out.
prooues of.

Through some vnexpected occurrents of Providence, wee finde ourselues Return of
unavojdeably debarred from the oppertunity of gayning that clear e & full vn- noxbury
derstanding of the true state of things referring to the schoole in Eoxbury, ^° ° ^'
w"'' is necessary to our making that report to this honoured Generall Court,
in the present session thereof, as is meet ; only wee thinke it very expedient ^
that the present schoole master be incouraged in his worke by the due pay-
ment of his sallery from tjme to tjme, according to agreement, & untiU this
honoured Court shall take further order about that affaire.

JN° LEUERET,
EDWARD TING,
W" STOUGHTON,
THOMAS SHEPHEARD.

It is ordered, that the comittee aboue mentioned be impowred to finish
what was comitted to them in that matter, making their returne thereof to the
next Court of Election.

The bounds & extents of the Reuerend M' John Higginson farme, as it M' Higginsons
is now lajd out vpon the exchange w*'' the country, according to the order & change w^y
grant of honored Generall Court the last sessions of the sajd Court, in Octo- ^""t^ "^i^^

o -A out & con-

ber, anno Domi 1668. The ffarme conteineth seven hundred acres or there- firmed,
abouts, bounded vpon the east w*^ Hauerill lyne, to the southward to a black
or red cake, being the corner bounds betwix the land sould by Jeremiah
Belchar to M' Adkinson & M' Higginsons, & bounded vpon the south by the
land of M"^ Atkinson, to a great pond, formerly calkd' Hauerill Bound Pond,
& is bounded w"" a heape of stones & trench at the south east corner of the
pond next M' Adkinson ; & is bounded by the sajd pond vpon the west vn-
tiU it cometh cleare of the ponds east end, & then it rangeth westward by the
side of the sajd pond, to the land of Jeremiah Belch&r, k is bounded by the
land of the id Belchar on the west, vntill it comes to the land of M"^ Cobbet,
there being a crosse trench in the diuiding line betweene M' Higginson &
Belchar, & a tree marked next the pond & heape of stones, & a white oake
tree, marked next M' Cobbet, which white oake was the auntient bound marke

VOL. IV. PART II. 56



12 October.



442 THE RECORDS OF THE COLONY OF

1668. of Hauerills perpendicular Ijne, & thenc raingeth east cleere of M' Cobbet,
& bounded vpon M'' Cobbets vpon the west, to a stooping wbite oake tree,
marked w"' T C & I H j & ffrom tbence runneth, northerly to a black oake tree,
marked on the north side of a brooke, commonly called the westermost branch
of Spicket Eiuer, there being a heape of stones erected by the sajd tree ; &
from thence it rangeth easterly, & is bounded w"' the countrys land vpon the
north, vntill it comes to Hauerill Ijne, that being the land that M"^ Higginson
lajd doune to the country, in consideration of this aboue mentioned, & the
bound marke betwixt Hauerill & M"^ Higginson ; at the east end of the north
Ijne is a crosse trench, & a heape of stones, the number of rods that is in euery
Ijne being set doune in the Ijne, & what point of the compass euery Ijne
rangeth on, & calculated according to art of survey by him whose hand is
herevnto subscribed.

JOSEPH DAUIS,
HENRY PALMER,
NATHAN PARKER.

The Court allowes & approoves of this returne.

Courts liberty In answer to the petition of Henry Sayword, humbly desiring the favour

HemySayword °^ this Court to grant him a q^uantity of land & meadow, w"' Hberty of tim-
as^to timber, i^gj. yppQ^ ^j^g i-iuer comonly called Cape Porpus Riuer, & the land adjacent,
the Court judgeth it meete to grant the peticoner liberty for the cutting of
timber vpon the sajd riuer aboue mentioned, for the improouement of his saw-
mill, so as he intrench not vpon any mans propriety.

[There is no page *646.]

r*647.] *!'! relation to the diferences betweene Wooborne & Billirrica, about the

Agreem<be- Ijne betweene the two toune, it is aduised by Leif t Beeres and Cap? Wheeler,

tWSBHC TT 00"

bom & Billirri- who Were two of the comittee formerly appointed by the Generall Court, and
ca as to y«ir agreed on by by Captaine Johnson, Leif t John Carter, Ensigne W"' Johnson,
& Josiah Conuers, on the behalfe of "Wooborne, & by M' Jonathan Danforth
on the behalfe of of Billirrica, for a finall end of the differences aforesajd ; that
the line of divission between the two tounes last made by Ensigne Sherman, by
order of the comittee of the Generall Court, shall stand as it doeth. And
whereas Francis & John Weym^s, Senior's, haue their present habitations
neere the Ijne aforesajd, & enjoying much of their liuelyhood & benefit at
both tounes, and may pertake of the publiccLue ordinances in both places, they,
the sajd "Weymans, shall contribute eq[ually to both tounes in all publicke
charges, both ciuil & ecclesiasticall. This is humbly presented to the hono^a-



21 October.



THE MASSACHUSETTS BAY IN NEW ENGLAND. 443

ble Geaerall Court, if they please in their wisdomes to confirme the same, for 166 9.
preventing future differences. Don in Boston this 21 October, 1669.

RICH: BEEEES,
H EDWAED JOHNSON,

JOHN CAETEE,
WILLJAM JOHNSON,
JOSIAH CONNEY,
TYMOTHY WHEELEE,

in the behalfe of "Wooborne ;
JONATHAN DANFOETH,

in behalfe of Billirrica.



The Court doeth consent to & confirme the aboue sajd agreement, that 'Weymans rate-
able to b
tonnes.



the Weymans shall eequally contribut to both tounes in all publicque charges.



&(3, and to be vnderstood the halfe of what they should haue payd to either
toune if they had been wholly in either of them, & that Wooborne shall take
the valluation of the Weymans estates for the country rate as formerly, and
give a true account of the same anually to Billirrica, who shall haue power
annually to demand & receive all toune charges (according to this ordfer) of
the sajd Weymans, as if they were inhabitants. The Court allowes, & ap-
prooues, & confirmes the agreement aboue, as it is heere explained.

In ans' to the petioon of Jabesh Buckmaster, Mary Steevens, Dorcas Cor- Courts ans' to
bin, & Sarah Lawrence, &S, it is ordered, that the County Court in Boston lister peti-
shaU & is hereby fully impowred to send for all partjes concerned in the "°"-
matter exprest in the peticon, and after a due hearing of what each party cann
say, to issue & determine the case according to law & eequity.

Whereas much time haue been spent in debateing matters of difference Sept. 13, 1669.
that haue arisen among the colonjes, whereby the confederation seemes to be of°Tooi(m'eB
greatly weakened, and at present vseless, the comissioners of the seuerall col- proposall.
onjes now assembled doe agree to comend it to the seuerall Generall Courts,
that ag' the meeting of the next Generall Court for election in the Massachu-
sets colony, some meet persons may be chosen & sent from the colony' of
Pljmouth & Conecticot, invested w*"^ full power to treate & conclude of such
articles as they shall mutually agree vpon for the reestablishment of the con-
fcederation betweene the Vnited Colonjes.

Signed, SYMON BEADSTEEET,

JOS: WINSLOW,

JN° WINTHEOP,

THO: DANFOETH,

JN'' TALCOTT.



444 THE RECOEDS OF THE COLONY OF

1669. This agreement of the comissioners being read in the Generall Court, the

" "> ^ Court concurs therew*, prouided nothing be concluded w^^out the approba-

21 Octoter. . n i /-i n /^

tion 01 the Grenerall Court.

Comissioners On the motion of the comissioners for the seuerall sheire tounf^that, ac-

mentrto "brina wording to the Order of the Generall Court, met together in the seuerall sheire
in their bills of tounes of this jurisdiction, & perfected the asessments of the seuerall tounes,

charge. . . n- ■ o j

& transcribed them to the Tresurer, according to law, nor w"'' service & duty
performed for the country at such a season of the yeare, they conceive it but
sequall justice that this Court should consider them for their tjme & paynes
taken therein, who are ready to serve the country as in duty bound.

EDW: JOHNSON,
HOPESTILL FOSTER,
OLLIUER PURCHIS,
SAMUEL APLETON,
JOHN WAYTE,
SAMUEL DALTON.

It is ordered, that the subscribers bring in their bills of charge.

[*648.] *In the case now depending betweene Robt Harrington, pi', & Ensigne

Courts judgm' Jn." Sherman, defend', comng to this Court by the disagreement betweene
Shennans case, the bench & jury at the Court of Asistants, the Court, on a full hearing of the
case, & pervsall of the euidences produced in the same, doe finde for the
plaintiflF, Robert Harrington, sixe pounds damage, & eight pounds three shil-
lings & eight penc costs.
Courts judgm' In the case now depending betweene Edward Gove, plain?, against the

in oues case. ^.^^^^ q£ Salisbury, defend', comng to this Court by the Magistrates refusing
the virdict of the jury at the last Court of Asistants, the Court, on a full
hearing of the case & euidences therein produced, the Court doe finde for the
sajd Gove his full proportion of land in all the divissions that haue been
made in the sajd toune, sequivolent in each divission to other Inhabitants, or,
in defect thereof, forty pounds, & this to be donne in three months time, &
costs of Court, sixe pounds tenn shillings.
Courts judg- In the case now depending betweene Leiften"' Richard Cooke, atturney

ment in Cooks ^^ jyjr Thomas Heywood, pl», ag' OUiuer Purchis, administrato' to the estate of

case, &o. J ^ r ' a

the late Edward Lane, defend', coming to this Court by the Magis'= in the
Court of Asistants last refusing the virdict of the jury, the Court, on a full
hearing of the case & euidences therein produced, they find for the plaintifi" the



THE MASSACHUSETTS BAY IN NEW ENGLAND. 445

forfeiture of the band, that is to say, forty pounds, payable in England, or in 166 9.
currant money of England, or what is seq^uiolent therevnto, & costs of Courts, ^" "f '
three pounds eight shillings & three pence.

In the case of M' Adam "Winthrop, pi', ag' Cap? John Appleton, defend'. Courts judgm°>
coming to this Court for its trjall by their petition, the Court, hauing duely ^^^ ^ ca^ &c
heard & considered of the euidences in the case produced, w"' the pleas of
each party joyning issue in the case, they finde for the defend'. Cap? Jn"
Apleton, his costs of Court, and that the plaintiff pay as costs for the hearing
of the case fewer pounds.

In ans' to the peticon of Capt Richard Walderne & Capt Thomas Lake, Ans' to Cap'
the Court judgeth it meete to grant the petitioners a hearing of the case men- L^kes petioon.
tioned therein at the next Court of Election, the petitioners giving due notice,
& seasonably, to the sajd Leonard "Weeks & others concerned to attend the
issue thereof.

In ans"^ to the petition of M' Jn" Pajne, humbly desiring the fauo' of this 200 acres of
Court to allow & confirme of two hundred acres of land lajd out in right of ^jf'^t 1 -j
the late Reuerend M' John Norton, of whom he purchasd it, & is layd out, in "^t to M' Jn"

Pajne.

obedience to a grant of the Generall Court vnto the Eeuerend M"^ John Nor-
ton, late teacher to the church at Boston, two hundred acres of land, more or
lesse, begining at the extreame norwest angle of Sudbury bounds, runing a
Ijne betweene Sudbury & the farme vpon a south & by west point, half a point
westerly, two hundred & eighty rod ; and from thence a Ijne vpon a north-
west & by west poinct, one hundred twenty & fewer rodds ; & from thence a
Ijne vpon a north & by east poinct, halfe a point easterly, two hundred &
eighty rodds ; & from thence a Ijne of one hundred twenty & fower rodds,
ending where wee begann, namely, at the north west angle of Sudbury
bounds, craning this returne may pass & be recorded. Lajd out by Tho
Noyse, in the yeare 1663, for Jn" Payne, assignee of the Reuerend M' Jn"
Norton. The Court haue past this returne, & allow thereof.

In ans' to the petition of George "Walton, the Com-t judgeth it meete to Ans' to Wal-
grant the petitioner a hearing of his case, menooned in his peticon, at the next "''^ ^"^ "'°""
Court of Election, he giving security to the Court for y^ charge in hearing
the case.

In ans'' to the petition of Ereegrace Bendall, in behalfe of Cap? Samuell Ans' to Cap»

. , 1 • • Scarlets peti-

Scarlet, humbly desiring the favour of this Court, to impower the administra- £„„
tor to the state of the late John Euered aljas "Webb, of whom the sajd Scar-
lett bought & pajd for a farme, to give the sajd Scarlet such assurance as may
be legall, —



446 THE RECOEDS OF THE COLONY OF

16 6 9. The Court judgeth it meete to declare, that if the peticoner produce

'^ ' two euidencesj on oath taken before two magistrates, that the deceased in his

21 October. ,.~. i-ii n -, ■ • • • n ii

Jiietime sold the same, & record it in perpetuam rej memoriam, & get a deed
from the administrator, the title shall be good in lawe.
[*649.] *In ans' to the petition of Rob' Wadleigh, complaynng of being illegally

Courts judgm' dispossessed of a house, mill, & other estate, by virtue of an execution on a

inter Wadley ^ ' ' ■'

& M' Symonds. judgment given against Nicholas Leeson, at the County Court in Norfolke, in
Aprill, 1668, Henry Roby, atturney to & for Robert Wadley, appeared &
publickly engaged himself & heires to stand to & sattisfy the charge of this
Court, in & for the hearing of this case, the Court, on a full hearing of the
case, & what hath binn alleadged by the ptjes therein, doe judge that the pe-
titioner hath binn illegally dispossessed, & order, that he be repossessed in the
sajd estate, & haue the costs of this Court, fifty fower shillings, besids y°
charge of y° Court.
Courts deter- This Court, in May last, (in answer to a petition from M"" Russell & M''

betwene y in- Gooduind, in the name of the church of Hadley,) having explajned their
habitants of meaning in a former order, referring to the procuring & majnteyning of a

the west & east <j i.

side of Hadley minister on the west side of the riuer at Hadley, yett allowing Hberty, that if
either the inhabitants on the east side, or those on the west, were vnsattisfied
in that explication of the Courts order & setlement of land for mainteyning
of each minister, that then a comittee of vnconcerned persons should be im-
powred by this Court to repajre to the place, & there drawe a line of divission
of land for maintenance of each minister, w""^ should be a full issue of further
debates about it.

And now, for asmuch as the inhabitants on the east side of the riuer at
Hadley haue sent a writting subscribed in their names by their selectmen, &
pesented to this Court by their deputy, whereby they declare themselues vn-
satisfied w**" the Courts explication of their order, & offer to give their reasons
thereof to any appointed by this Court for that end, —

This Court doe therefore now order & appoint Capt Eliaz' Holyoak, Leif ?
Thomas Cooper, Quarter m' George Colton, M"^ John Strong, Leiu? Dauid
Wilton, Samuell Marshfeild, & Rouland Thomas, allowing liberty to each
party to except against one of the sd comittee if they see cause so to doe, &
then the other fine, or any three of them ; or in case none be excepted ag',
then the major part of the seven, who are to repaire to Hadley, and to the west
side of the riuer, & vppon their veyw of the land, & hearing what may be al-
leadged by both partyes, they are to setle & determine what land shall belong
to the maintenance of the minister on one side, & what to the maintenance of



THE MASSACHUSETTS BAY IN NEW ENaLAND. 447

tlie minister on. the other side of the riuer ; and the aforesajd comittee are 16 69.
hereby fully impowered to drawe & setle the Ijne of divission of their land ^"^ '^ ^ '
accordingly, and are to make returne thereof to the secretary ag* the next
Court of Election, to be by him entred in the Court reccords, and this to be
a full & finall issue of all differences betweene them.

In ans"" to the humble petition of M"^ John Litlebury, the Court hauing Ans' to Cap«
scene & pervsed the returne of the comittee, & finde that the petioSner hath not tjgg^ "^^ ^^'
made to appeare any right to the lands mentioned in his petition, & knowing
that seuerall parts of Portsmouth & Hampton, for many yeares, haue been
setled on that land, judge it meete to referr the petitioner to a due course of
lawe for recoureing of his right, if he legally make appeare he hath any, &
orders the Tresurer, in regard of his lowe condition, to take ordr for his pas- Courts favor to
sage to England, that he returne to his relations, & for his pvition by the
way. And in further ans' to his humble motion to consider his low condioon,
& want of freinds & meanes in London, & to afford him some further releife,
by ordering M"^ Christopher Clarke, when arived, to suply him w*'' monys
till he cann travaile to Holy Island, neer Baruick, &5, the Court judgeth it



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 53 of 77)