Nathaniel Bradstreet Shurtleff.

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

. (page 54 of 77)
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meet to grant the petitioner five pounds, to be payd him according to his
desire.

Capt Thomas Clarke, preferring a petition the last session of this Court, Cap' Clarks
for hearing of a case between himself & Cap? W™ Dauis & Cap? Thomas j^^^^^ ^^ „
Willet, ioint execcutors to the estate of the late M' "W" Paddy, w* was re- Court of Eleo-

*^ tion, a comit-

ferred to be beared this session, but for some consideration is now defferred tee.
to the nest Court of Election for a full hearing, in order wherevnto this
Court judgeth it meete to order, appoint, & impower M"^ Edward Tyng, M"^
Humphrey Davy, & M' Peter Lidget, a coinittee to examine all accounts &
matters now in difference betweene them touching the sajd estate, M"^ Ting to
appoint ?me & place of meeting, making a true returne of the whole state of
y* case to the sajd Court of Election for issue, prouided y* Capt Clarke, y«
peticoner, defray the chardges of the meeting.

[Page *650 is Hank ]



448



THE RECOEDS OF THE 0OLONT OF



1670.

H May.

[*651.]



*Att a Generall Court of Elec'uruit, field at Boston, the 11"' of

May, 1670.



xi



EsqpSj were
chosen Asist-
ants, & tooke
their seuerall
oath.



ICHAED BELLINGHAM, Es^, was chosen Governo', & tooke his

oath.

Francis Willoughby, Es^, was chosen Deputy GoQ'.
Symon Bradstreet, & Comission'^ for colonjes,
Sam Symonds,
Daniel Gookin,
Daniel Dennison,
Symon "Willard,
Richard Russell, & Tresurer,

Thomas Danforth, & Coinission'^ for Vnited Colonjes,
W" Hathorne, Coinissio' 2* in reserv,
Eliazer Lusher,

John Leueret, & Majo' Generall, & Cofnission' in reserv,
John Pinchon,
Edward Tyng,

Edward Rawson, gent, was chosen Secretary, & tooke his oath.

The names of such as were returned to serve as deputjes for their
respective tounes : —

Cap? George Coruin, M"" Edmond Batter, Salem.

M' W"' Stiltson, Cap? John Allen, Chari To.

Cap? Hopestil Foster, M' W"" Sumner, Dorc.

Cap? Tho Gierke, M"' Anthony Stoddard, Boston.

M' W-" Parks, Rox^.

M' Edw Collings, M' Edw Oakes, Camhr.

Lef ? Rich Beeres, "Water Toii.

M'^ Olliuer Purchis, Lynn.

Cap? Jn" Apleton, Ipsuich.

M"' Edw Woodman, M' Hen Sewall, 1 ses, Newft.

M' Tho White, "Weymouth.

Cap? Joshua Hubbard, Hingham.

M"^ John Smeadley, Concord.

M' Peter Woodward, Dedham.

Cap? Elitzar Holyoake, Springfeild, 1 i.

Cap? Rott Pike, Salisbury, 1 s.

M'^ Samuel Dalton, Hampton.




THE MASSACHUSETTS BAY IN NEW ENGLAND.

M' Bich. Swann, Rouley.

Lef ? Edmod Quinsej;, Braintry.

Cap? Rich Waldern, Leif ? Rich Cooke, Douer.

Cap? Edw Johnson, Wooborne.

M' John Cutts, Portsmouth.

Cap? Nath Saltonstall, Hauerill.

Cap? Jn" "Waytee, Maulden.

Lef ? W" Clarke, M"^ W-" Holton, Northampton, 1 s.

M' Peter Tilton, M' Hen Bridgam, Hadley, 1 s.

M' Samuel Bradstreet, Andover, 1 s.

Cap? Edw Hutchinson, Kittery, 1 s.

M' Francis Neale, Falmouth & Scarborough, 1 s.

Cap? Thomas Clarke was chosen Speaker for y' session for y° deputies.

*To prevent calumie or reproach & prejudice to this colony, & the inhab- [*652.J
itants & trade thereof, it is ordered, that no person shall henceforth trade or '^'^^^ '"" ^'"P*

' '_ ^ tillvnder

trucke 'w*'^ any vessell that shall arrive vpon our coast, vntill the same shall oomand pMbit-
come vnder comand, & ride in our vsuall harbours, & haue acknouledged the prgg_
government as the lawe prouides, vpon the poenaltjes of forfeitures of all such
goods traded, & such further punishment as the Court of Asistants shall
adjudge.

The General Court being informed that there is a ship riding in a roade Corts declara-
at the Isle of Shoales suspected to be a pirat, & hath pirattically seized the ^t isle of
sajd ship & goods from some of the French nation in amity with the English, f^'^f^-^^'i'^Y
& doeth not come vnder coSSand, this Court doeth declare & order, that ^y i>eat of

. drame, &£, 27

neither the sajd ship or goods, or any of the company, shall come into our May, I670.
jurisdiction, or be brought into any of our ports, vpon pcenalty of being
seized vpon, & secured, to answer what shallbe justly objected against them.

Whereas the great sin of gaming increaseth w*Mn this jurisdiction, to Addition to law
the great dishonor of ^od, corrupting of youth, & expending of much carls or dice,
pretious time & estate, for the prevention of w*, & as an addition to the law,
title Gamig, &d, this Court doeth declare, and be it ordered by the authoritje
thereof, that what person or persons soeuer shall bring into this jurisdiction
any playing cards or dice, or w'^ whomsoeuer such cards or dice be found in
his or their custody, he or they shall pay, as a fine, the sum of five pounds, Pcenalty 5", &c.

Prss.

the one halfe to the treasury, the other to the informer ; but in case any such
cards or dice shall come into the custody of any person w*out his knowledge
or consent, if he shall carry them vnto the next magistrate or comissioner,
VOL. IV. PAKT n. 57



450 THE KECOKDS OE THE COLONY OP



27 May.



167 0. witliin two dajes after his knowledge of them to dispose of them as the sajd

magistrate or comlssioner shall see cause, any such person shall be free from

the pcenaltje ; and if any person that hath plajed or gamed, and shall give

information thereof, he shall be freed from the pcenaltje of the law to pay

treble damage, but shall haue no further benefit of the law by his information ;

and also, any such persons testimony shall be good in law for one testimony

against any that shall breake this law. And it is also declared, that it is &

shallbe in the liberty of the Court, or judges that shall determine any such

case, to punish the transgressor or transgressours of this law by imposing the

fine, or otheruise by corporall punishment, as they shall judge best, any law,

vsage, or custome to the contrary notw*''standing.

Fish salted & Whereas, by the blessing of God, the trade of fishing hath been advan-

spo e w taglous to this country, w* is like to be much impared by the vse of Turtoo-

not merchant- (Jas salte, w* leaues spottes vpon the fish, by reason of shells & trash in it, for

able. P'ss.

Publishtbv prevention thereof, this Court doeth order, & be it hereby enacted, that all

posting in 8 such fish as is salted w"' Turtoodaes salte, & thereby spotted as abouesajd,

tounes.

shall not be accounted for merchantable ffish ; and all sworne cullers of fish

are hereby required to haue speciall regard to the fullfilling of this order, any

law or custome to the contrary notw"'standing.

Mackereii for This Court, being informed that the taking of mackerell at vnseasonable

barrelling not ^jjjjgg ^Qg gi-eatlv diminish their increase, & uill in the issue tend to the spoyle

to be catcht o J r j

till after 1st of the trade thereof, doe order & enact, that henceforth no mackerell shall be

y" was pub- ' caught except for spending whiles fresh, before the first of July, anually, on

lis t ypost- poenalty of loss of the same, the one halfe to the informer, & the other half

P'ss. to the vse of the country; & any magistrate or County Court is impowred to

act herein to all intents & purposes for the execution of this lawe.
Law for cus- ^^^ ^^ Ordered, that that parte of the lawe for customes relating to our

tomes as to neighbo''s of Kennecticott & Plimouth shall & is hereby suspended as to the

Plimouth & ° .

Conecticutsus- execution thereof till this Court shall take further order therein.

Prgg, ' ' Whereas the country highway ouer some part of Eumney Marsh was lajd

Order for re- q-^j; jg^g gince, from a point of vpland to the Written Tree, and the said way

payring Rum-

ney Marsh was neuer made passable, but, in stead thereof, a causey or bridge hath binn

ig way. made in another place, which hath been made vse of, but is now & hath binn

often out of repaire, it is ordered, that the selectmen of Boston shall take

speedy care to make & mainteine a sufficient causey or bridge ouer the marsh

& creeke where y' way was lajd out first, or to see & cause the causey and

[*653.J bridge that is already made to be suflficiently repaired, & so kept from time to

Comittee to time,
take y^ Treses

acco«. *Cap? Thomas Clarke, Cap? John Allen, & Cap? Hopestill Foster are



THE MASSACHUSETTS BAY IN NEW ENGLAND.








hereby appointed & intreated to take the Tresurers accounts some time this
summer, & to make returne thereof to the next sitting of this Court.

The Generall Court, being sencible of Gods hand vpon the country
sundry yeares, in diuers aflicting prouidences, haue been desirous to inquire June to be

, , . kept as a sol-

mto the causes thereol, & amongst others doe conceive these following may be emn day of hu-
considered ; i. e., a selfish spirit, minding more our owne things then the things ™^y^*""'-
of Christ, & of private before publick good ; too much slightnes & negligence
in prizing & improoving the gove'ment & order, both civil & sacred, in church
& comonwealth ; a great & generall neglect of instructing & governing the
rising generation, both in familjes & churches ; a cooling of former life &
heate in spirittuall comunion ; too great neglect in some places, of a comfort-
able vpholding & prouiding for the outward subsistance of sundry faithful!
ministers ; too much decay of love to God & one to another, & harboring ground-
les jealousies, accompained w'^ whisperings, backbitings, w'^'' wayes tend to
seperate very freinds ; too great abounding of sin amongst vs, as pride,
luxury, drunckenes, oppression, vncleanes, & divers others ; these, w* many
other sins, that the Lord may, vpon inquiry, convince this people of, wee de-
sire may be confessed, bewayled, & a thorough reformation indeavored, and for
this purpose the Court doe appoint the sixteenth day of June next for a day
of humiliation, to be kept throughout this jurisdiction, & doe comend it to
the churches, elders, ministers, & people to keepe the same solemnly &
seriously accordingly.

Eesolved, vpon the question, that the power of the Associates Courts in 31 May.
the county of Yorke, for determing of all matters, civil & criminall, is the g^^"^'''^^^
same that it was before the defection of the inhabitants from this government, in Yorks y
Eesolved on the affirmative, by the whole Court mett together, 31 May, 1670. ^^"^ ^ ™ '

In ans' to the motion of the deputjes of Norfolke, it is ordered, that Cap? Cap' Gookin to
Daniel Gookin shall & hereby is appointed to keepe the County Courts at ^07^1^^ ™
Hampton & Sahsbury, w* the associats of Norfolk, for the yeare ensuing.

And this Court doe further order & impower Capt Nathaniel Saltonstall, Cap'Salton-
Capl Robert Pike, & M' Samuel Dalton w"' magistraticall power for the yeare pf^;_ ^l^,
& ensuing, & that euery of them may doe & execute w'^'ui their respective Daitons comia-
tounes where they live, & not elsewhere, what euer any magistrate may legal- 3^.^,^^^^^^^^^,

Iv doe keepe Courts

In ans' to the motion & requests of the deputy for Scarborough & Fal- g. -^"^n^^ "
mouth, it is ordered, that M' Thomas Danforth shall & hereby is apointed to Cap' Waidern,

' . , M' Jn° Cutts,

keepe the County Courts at Portsmouth & Wells for the yeare ensuing ; and r;,.: cutts, &
doe also appoint Cap? Eichard Waidern, M' Jn" Cutts, Cap? Eichard Cutts, & ^^^^^'^-^f '•
M'^ EHas Stileman to be comissioners, & doe hereby impower them w*'' magis- sion.



452 THE EECOEDS OF THE COLONY OP



SI May.



1670. tratticall authority for Yorksshlre, & to help keepe the Associate Courts there,
as many of them y' shall please to attend it, w"" m'* those y' are now or may
be chosen in y^ county of Yorke to act in y° County Courts, as also Associates
Courts there.
"Way to aug- And in answer to their request for y^ augmentation of freemen, this Court

■ declares, y' it is the best expedient to obteine the ends desired that those parts
furnish themselues w"' an able, pious, & orthodox minister, & comend that to
them, according to the order of the County Court.
M' Neals re- M"^ Francis Neale, at his request, is dismist from his attendanc on y' ser

^^^' vice of this Court. M' John Cutts had y" like liberty granted to him.

Liberty of On a motion of the deputjes of Douer & Portsmouth, in behalfe of most

defend' fa °^ *^® firecmen there, that, whereas they haue power in their Associate Courts
Portsmouth to try any case vnder twenty pounds, and finding no lawe where they may

& Dou' Asso- _ _ _ " ,

date Courts to appeale but to the Court of Asistants, the actions many times being very
c'^^^t^Co^'t s"^^l^j ^ is great charge to come to Boston for euery smale case, it is their
desire that the Court would grant them an order that any person cast or con-
demned may appeale to the County Court held in Douer or Portsmouth, & y'
some persons may haue magistratticall power in that county, as formerly, the
Court judgeth it meete to grant their request ; and it is ordered, that hence-
forth it shall be in the liberty of plaintiffe & defendants, in all cases triable
before the Court of Associates in Portsmouth & Dover, to appeale to their
next County Court in Douer or Portsmouth, as in other cases, any custome or
vsage to the contrary notw*''standing.
[*654.] *Cap? Richard Walderne, M^ Jn° Cutts, Cap? Richard Cutts, & M' Elias

Cap' Wal^m, g^iigman, & euery of them, are appointed & jmpowred w"" magistratticall
M' stiiimana power, as any one magistrate, to act in all cases for the yeare ensuing in

coniission. i n t->

Portsmouth & Douer.
Cap' Kob' Pike Whereas the militia of the county of Norfolke & the Riuer of Piscataqua are

toNorfoike & ^* ^^ vnsetlement for want of a serjant majo'", vnder whose comand they might
Pascataq. -^^ drawne together & exercised in regimentall service, as the law directeth ;
and by long experience it is found difficult for them to make their addresse to
the majo'' generall & Majo' Dennison for to order the militia in those parts,
whose care & loue towards them haue been seuerall wajes manifested, accord-
ing to what the former occasions haue been ; and seeing that those parts are
now increast to such a competent number as may be capeable of regimentall
exercise, this Court judgeth it meete to appoint Capt Robert Pike to be ser-
M' Brati cor- i^^^ luajo' ouer the military companys of the county of Norfolke & Pascataqua.
net of y« troop ^r Xhomas Bratle is chosen & appointed cornet to the tioope of horse in

of horse in

Suffoike. the county of Suffolke, in steed of the late Cap? Peter Olliuer, deceased.



THE MASSACHUSETTS BAY IN NEW ENGLAND, 453

Whereas there is a great want of law bookes for the vse of seuerall Courts 167 0.
and inhabitants in this jurisdiction at present, & very few of them that are ^^ '' '
extant or compleat, conteyning all lawes now in force amongst vs, it is therefore _
ordered by this Court, that Majo' Eliaz"^ Lusher, Cap? Thomas Clarke, Cap? prepare the

^ , laws for y*

Edward Johnson, Cap? Hopestill Foster, Capt George Corwin, & Cap? Joshua presse.
Hubbard, or any ffower of them, whereof Majo' Lusher to be one, shall &
hereby are appointed to be a comittee to pervse all our lawes now in force, to
collect & drawe vp any literall erro''s, or misplacing of words or sentences
therein, or any libertjes infringed, and to make a convenient table for the
ready finding of all things therein, that so they may be fitted fibr the presse,
& the same to present to the next session of this Court, to be further consid-
ered off & approoved by the Court.

Paul Parker appearing before the Court, & being by his oune confession Parkers case.
convicted of being a gamester at dice, & sundry demonstrations given of his
being a very ill example to the youth of the place, this Court doe sentence
him to pay as a fine to the country tenn pounds, & y' he be bound, w* two
sufficjent suretjes, in two hundred pounds sterling for his good behaviour &
observance of the lawes against that vnlawfuU practise, vnlesse he depart the
colony w*in one moneth, & not to retourne againe w'^out licence first had &
obteyned from the Governo'^ or council.

In the case of M"^ John Freake ag* M' Robert Marshall, defend', coming M' Freake ag'
to this Court by disagreement of the bench & jury at the Court of Asistants, Exeo'issued
the Court, on a hearing of the case, finde for the sajd Freake costs of Courts, out 20 Jan., 70.
nine pounds one shilling & six pence.

In the case depending betweene Nathaniel Chickering, first plaintiff, at Courts judgm'

-, -, .,, . „,.m Chickerings

a County Couit at Boston, against Mary Judson, widdow, & executrix ot mr caseag' Jud-
deceased husband, Samuell Judson, defendant, coming to this Com-t by dis- ^°'^-

. i_ /^ Execution is-

agreement betweene bench & jury at the Com-t of Assistants, the Court, on a sued out for y

full hearing of the case, together w*"^ pleas & euidences on both partj', finde ^^ '■^"' ^^*''''

for the plaintiffe, Nathaniel Chickering, what euer was given or bequeathed

to the sajd Chickering his deceased wife by her father, either in houses, lands,

or mooveables, deducting out of such bequests a just proportion of debts due

to any person at the death of the sajd Judson, or other necessary charges

about the funerall, «& necessary expences in preserving the estate ; and for a

setlement thereof, Majo' Generall Jn° Leuerett, Cap? Foster, & M' "W"" Parks

are appointed a comittee & invested w* full power to examine all accounts

about the sajd estate, and to doe what euer is necessary as to the issue of the

differences, according to the determination of this Court, & to make retourne



454



THE RECOEDS 01" THE COLONY OP



31 May.
Courts judg-
ment inter
Angler &
Boardman.

Courts judgm'
in Waltons
case.



[*655.]

1670.



800 acres of
land to M'
Seaborn Cot-
ton, &o.



16 7 0. thereof at theire next session ; & the sajd Chickering was graunted his costs,
fiue pounds eight shillings & eight pence.

In the case of Edmoud Angier, pi', ag' W™ Boardman, administrato' to
Stephen Day, the Court, after a full hearing of both partjes, finde for the
defend' costs of Courts.

George Walton complayning to this Court, by petiobn, of wrong donne by
the County Court at Portsmouth for taking away of his land at Fort Point, vpon
the great island in Portsmouth aforesajd, the Court, having inquired into the
grounds of his complaint, heard & pervsed all his pleas & euidences in y' case,
doe judge, that he, the id Walton, hath no ground of complainte, nor hath any
legall or true title to y^ land in question, & doe therefore confierme *the deter-
mination of the sajd County Court at Portsmouth, and orders the sajd Walton
to pay five pounds for the Courts hearing of the case.

In ans"^ to the motion of M"^ Seaborne Cotton, the Court judgeth it meet
to add to the sixe hundred acres formerly by this Court granted to the late
Eeuerend M"^ John Cotton two hundred acres more, & doe hereby order &
impower Cap? Robt Pike & M'^ Samuel Dalton to lay out the whole eight
hundred acres, w* is to be divide among the children of the sajd M"^ Jn"
Cotton, deceased, as his other estate was appointed by his last will, the sajd
land to be lajd out where it may be found.

In answer to a motion made to this Court by the inhabitants of Hull,
at HuU " ^'^ John Prince is empowered to solemnize marriage between such as are
duly published there in that toune, according to la we.

In ans"^ to the quaestion, whither it be lawfuU for a man that hath buried
his first wife to marry w"' hir that was his first wiues natturall sister, the
Court resolves it on the negative.'

In ans^ to the humble motion of Left Richard Way, earnestly & hiunbly
desiring the favour of this Court to dischardge him the servic of his being
lef ? of the Castle, & receive up his coinission for y' employment, the CoTirt

leftenship at y« . . , . , .

Castle on his Judgeth it meete to grant him his request.

request.
Archelaus
"Woodman
leP, Stephen
Greenleafe en-
signe to New-
bury company.



M' Prince



Courts resolue
y* its not law-
full for a man
burying his
first wife to
marry hir
na^ll sister.
Lef Way dis-
chardged his



This Court hauing leff it to the care of ^ majo' generaU to make tem-
porary prouission for military ofiicers at Newbuiy, who did appoint Archelaus
Woodman to be lef? & Stephen Greenleafe ensigne to the sajd company,
which sajd appointment being sattisfactory to this Court, they are hereby con-
firmed & allowed, and are to haue comissions accordingly.
Courts judgm* In the case depending betweene Edward Cleoments, first plaintiff, at a

Cien^nts°&E^ Comissioners Court held at Portsmouth, against Walter Barefoot, defend', in
an actjon of the case for w^holding fiue pounds, & coming to this Court by
the Magistrates refusing the virdict of the jury at the Court of Asistants,




THE MASSACHUSETTS BAT IN NEW ENGLAND. 455

the Court, on a full hearing of the case, & enidences therein, doe finde for
the defend', viz*, Barefoote, & costs of Courts, fifty eight shillings & two
penc, besides eleven shillings & six penc cost at Court of Asistants.

Robert Wadleigh, plaintiff, by petition to the Gen Court, against "Walter Courts judg
Barefoote, defend', for not fullfiUing the judgment of the sajd Court in May, f^^^g^ ^^^g ^'
1669, viz', to give a legall conveyance of the land in controversie, the Court, Wadieighs.
on a hearing of the case, & what hath been alleadged therein, doe find for the
defendant, i. e., Barefoote, he having fuUfiUed the sajd judgment of Court,
& the Court granted him, the defendant, thirty two shillings costs.

In the case depending betweene James Pecker, plaintifi", at the last Court Courts judg-

of Asistants, against M' Symon Bradstreet & M'' Edward Tyng, defend's, in ^lc]!.ei &''m.'

an accon of appeale from the judgment of the last County Court at Salem, Bradstreet &

coming to this Court by reason of the Magisis refusing the virdict of the jury

at the last Court of Asistants, the Court, on a hearing of the case, & pervsall

of all the euidences, doe finde for the defendants twenty pounds in money, &

costs of Courts, reuersing the judgment of the County Court at Salem.

In the case now depending betweene Cap? Thomas Clarke & Capt W™ Courts judg-
ment inter Cap*
Davis, plaintiff, by petition to this Court, against Phillip Leuis, ISTath Frye, ciarke & Cap'

& others, in an action of the trespasse, lately tryed at a Court of Asistants, ^p "^^^^^^ ^j_ '

about the title of a farme vpon Piscataqua Eiuer, called by the name of

Greenland farme, the Court, on a full hearing of the case, & all euidences

therein, doe finde for the peticoners a reuersion of the judgment of the sajd

Court of Asistants, & that the plaintiffs pay five pounds for y« hearing of the Exec, issued

1 -IT o out 30 Sep',

case, & y^ defendants pay all their costs, thuteen pounds fourteen shiiimgs & 1670, for 13, 14,

. 4. E. R., S

loure pence.

In the case of Capt Thomas Clarke, by his peticon, plaintiff, ag' Cap? Courts judg-

_ -n (. -a* T» 1 1 ment inter

Thomas Willet & Capl W" Dauis, execcuto's to the last will of M"^ Paddy, capt ciarke,
defend', the Court, hauing heard the allegations of both partjes, & euidences P^^^^" p*^^*^
produced in the case, doe finde for y" defend's costs of Coui-t, & order Capt defend'.
Clarke pay five pounds for the hearing of the case.

*In pursuance of the appointment of the honnored Generall Court, May [*656.]
the 19 1669, & further reneued October y^ 12, 1669, appointing vs refferrees to Retume of the

' ' .J, comittee as to

inquire into the true state of the matter of a peticon presented in the name of Roxbury
the ffeoffees of the schoole in Eoxbury, signed by M-^ John Elliot & M' """"'"
Thomas Weld, wee, hauing read the papers presented by the persons con-
cerned, & heard their seuerall allegations, doe finde that, in the yeare 1645,
there was an agreement of many of the then inhabitants of Eoxbury for the
laying a foundation for a schoole for the instruction of youth in litterature, &



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 54 of 77)