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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euer else is payd in the country rate to be pajd at money price ; prouided, no
toune or person shall have liberty to pay their country rate in any kind of
leane cattell.
Order requiring The County Court of Suffolke, for reasons best knoune to themselues, saw

y» secre .0^ e- gQ^^ |.q improove M' Free Grace Bendall as clarke of the sajd Court, in stead
ords to Clarke of ]y[r J^awaon, ordering the sajd M' Eawson to deliuer unto him all those

of y* County _ _ , , .

Court. things w* did concerne him m that place. The Court being informed that

there are yet still in his hands seuerall reccords that concerne the county, it is
ordered, that the sajd M' Rawson deliuer the same to the clarke of the Coun-
ty Court.

County Courts

adjourmnt. Itt is ordered, that the County Court for Suffolke, which falls in course



THE MASSACHUSETTS BAY IN NEW ENGLAND. 465

the twenty fifth of this instant, be adjourned vntil the third Twesday in No- 1670.
vember next. ^ '"^^ '

Itt is ordered by this Court, that the surveyo'' generall shall forthwith g.^ ^^^
deliuer vnto Majo"^ Hauthorne or to Lef ? Samuell Ward sixty great shott, fitt ^i^o" *« ^^

"Ward for Mar-

for the gunns in the fort at Marblehead. blehead Fort.

In ans'' to the petition of Elizabeth Steevens, wife of Henry Steevens, it Ans' to Eliza
appearing to the Court that the sajd Henry Steevens hath deserted his wife g(,^
& held vnlawfuU familiarity w"^ another woman, this Court judgeth it meete
to declare, that the petitioner marrying any other man shall not be indangered
thereby as a transgressour of our lawes.

*Whereas, at the Generall Court in October, 1669, in answer to the re- [*662.]
quest of some Praying Indians, setled ypon the north west corner of Naticke Renewaii of

. . the Courts

bounds, there was a graunt made of such a proportion of land as might be grant to the

suiteable for their accomodation, and persons also deputed to layout the same, ■'^.''^^"^ '^ *

' ^ r J ' tick new plan-

which order of the Couit being at present lajd aside, so as that it cannot be tation.
found, is greivous to the poore natives, thereby being disapointed of their
hopes, it is therefore ordered by this Court & the authority thereof, that the
sajd grant shall & hereby is coniirmed vnto them according to the true intent
thereof, and John Stone & Tho Eames are appointed to lay out the same, &
make their returne of what they doe to this Court in May next, so as the
quantitye of land exceed not one thousand acres, nor intrench on former
grants. '

Whereas this Court haue binn informed, that seuerall disorderly persons Comittee to
are setled & planted vpon the west side of Nipmuck Riuer, about ten or ^"j jj^^^ '^^^^^
twelve miles aboue M' Blackstons, which is apprehended to be w"'in the Nipmuok Rm-

er, &c.

bounds of this colony, it is therefore ordered by this Court, that the south Ijne
of this jurisdiction be continued from Nipmuck Riuer, where it was left^ be-
tweene Pljmouth & this jurisdiction, and to runne it about twenty miles west
beyond the sajd riuer, and cause the same to be marked sufficjently, either by
markt trees or heapes of stones, where trees fall not in the Ijne ; and the per-
sons appointed to doe this are Majo"" Generall Leueret, Left Joshua Fisher,
with two or three other persons, whom the major generall shall thinke ex-
pedient to carry the chajne & marke the*ljne, and this to be donne & returnd
at the next Court of Election, with signiiEcation whither the people seated in
those parts be w'^^'in our Ijmitts or not ; and if the sajd comittee doe finde the
sajd inhabitants to fall w'Mn our bounds, then the majo' generall is ordered
to take bond of two or three of the principall of them, to appeare at the next
Court of Election, to answer for setling vpon lands w"'in this jurisdiction
w*out the grant of this Court.

VOL. IV. PART II. 59



466



THE KECORDS OF THE COLONY OF



1670.

12 October.

Ans'to D'

Whichcotts

petition.



W" Fletcher
ensigne at
Chelmford.

Ans' to M'
Bradstreet &
Cap' Clarkes
request.



[*663.]



In ansAver to the petition of Benjamin Whichcott, doctor of divinity, &
Rebeckah. his wife, y" executrix of the last will & testament of Mathew Crad-
docke, late of London, merchant, this Court, hauing pervsed the proceeds of
former Courts referring thereto, doe finde that there did not appeare any
grounds ffor the petitioners demands, yet considering the great disbursments
made by M" Mathew Cradocke, the former husband of the aboue sajd Rebeckah
Whichcott, for the good of these plantations, doe freely grant to the peticoners
one thousand acres of land in any free place, on condition that they giue the
colony a release & full acquittance from all after clajmes & demands referring
to the grounds of the aboue sajd petition.

Sarjant Willjam Fletcher, of Chelmsford, is appointed ensigne to the ffoot
company there.

In answer to the humble request of M"^ Symon Bradstreet & Capt Thomas
Clarke, desireing the Courts favour to grant them a prohibition to restrejne
all persons from passing loggs by water by their mill, till they can haue
oppertunity to repajre their sajd mill or damme, or till the lawe may deter-
mine the right, &S, the Court judgeth it meet (for the preservation of timber,
■w* euery day, & in all places, are too much & vnnecessarily feld and made
havoke of) hereby to order that no person or persons whatsoeuer shall fell or
bring doune any tymber aboue the mill aboue mentioned, till the end of the
next Court of Election.

*The Court, being informed & finding that the toune house is very much



Ans' to Elisa
Barnells peti-
con.



Comittee ab' wanting of repajre, & by reason thereof is very dangerous, judge meete to ap-
the toune

house. point M'' Thomas Danforth, M' Anthony Stoddard, & M"^ Willjam Parkes, a

coinittee to vejw the same, & make report to this Court of what they judge
most necessary is to be don for the so repayring thereof, as all danger may be
preyented, & the house preserved.

In ans' to the petition of Elisabeth Barnell, the Court judgeth it meete

to leaue it to the County Court at Boston, either in part or in whole, to abate

or remitt the fine, as they shall see cause.

Edw. Rawsons On the motion of Edward Rawson, on the behalfe & request of the the

half o^f*Jn°''^' honoured John Winthrop, Es^, Governo' for Conecticot, & his wife, that a

Winthrop, sale of his farme at Mistik, neere "^harls Toune, by his atturnev or attur-

Esq', gra'ed. ' J J

neys, and possession thereof, w"" acknouledgment by him or them, to be made
before a magistrate, as the law directs, shall be good in' lawe, as acted & donne
in their oune persons, their sajd letter of atturney being vnder their hands &

istrators of M' seales, & acknouledged by them before a magistrate before they goe, the Court

Carietons es- grants this request.

tate, &5, to sell ° ^

lands. In answer to the request of Shuball Walker & Peter Ayre, administrators



THE MASSACHUSETTS BAY IN NEW ENGLAND. 467

to the estate of tke late M' Carleton,»of Hauerill, humbjy presenting the condicon 1670.
of Hanna Carleton, his widdow, hauing fower smale children, & left w"'out " "" '

n 1 1 1 f> 111 12 October.

any thing to releive them, as from the estate all the debts & mooveables be-
longing to y' estate not being enough to pay the debts that are due from it,
if all could be gott in that doeth appeare to be due, but thirty three pounds,
they having but litle hopes of all the estate now left, which is in wildernes
land, w"*^ amounts to but one hundred sixty five pounds tenn shillings, as
appears by the inventory, their humble desire in behalf of the widdow &
children is, that this estate might be improoued by selling for their releife, and
sattisfying the remainder of the debts, the Court judgeth it meete to order &
impower the administrators, w* the widdow Hannah Carleton, to make sale
of all the lands, or so much thereof as they shall finde & judge necessary for
the ends aforesajd.

In ans' to the petition of M"" Richard Whaton, it is ordered that Major Ans'toM'

Whartons pe

Gen John Leueret, M"^ Edward Tyng, Capt Thomas Clarke, Cap? John Allen, titjon ab' salt
M"" Peter Lydget, Capt Thomas Lake, & M' John Eichards shall & hereby
are appointed a comittee to treate with the petitioner, or any els concerned, as
to the matter proposed in the petition, & make theire returne in relation there-
vnto to the next Court of Election.

M'' Ezekiel Knight, of Wells, is coinlssionated, w"" magistratticall power, Ezekiell
w"'in the county of Yorke, to act in any matter, civill or criminall, binding g;"nated tntt
ouer ofienders, giving oathes, marrying, &.in all other cases of judicature, as as_a magistrate,
any one magistrate may doe.

In ans' to the petition of John Lawrenc, the Court judgeth it meete Ans' to John
to order the petitioner to apply himself to the County Court of Boston, who ^^^^_
are hereby empowred to act therein as they shall see cause.

*The Court, hauing pervsed & considered of the returne of the comittee, [*664.]
to whom the revejw of the lawes was referred, &6, by the Generall Court in Erratars.
May last, as to the litterall erratars, 8cd, do order, that in page the 1, title
Actions, Ij: 5 : for ' any Court,' is to be read ' any other Court.'

Page 2, title Appeales, sect 1, Ij: I, ad y» word 'the' before y« word

' liberty.'

Page 3, tit Arrests, Ij: 3, for ' or in the law/ read ' as in the law of pay-
ments.'

Page 5, Ij: 3, ti? Bondslauery, read ' or such as shall willingly,' &5.

Page 7, ti? Burglary, sec? 3, Ij: 1, read ' what person soeuer shall steale.'

Page 13, title Smale Causes, Ij: 10, after y" word ' Gov^' ad 'Dep' Gov',
or any two magistrates.'

Page 23, tit Courts, i 7, Ij: 3, read 'by y^' GoQn' or Dep' GoQ,' & Ij: 14,



468 THE BECORDS OF THE COLONY OP

167 0. for 'wroth,' read 'worth;' & in sect 10, Ij: 2, for 'in person,' read 'in
" '' "^ prison.'

Page 25, ttt Eclesias?, sec 5, Ij: 2, as it is.

Page 37, ti? Highways, sec 1, Ij: 3, 4, read it, 'The Court of that county
where such highway is to be made or lajd out shall (vpon complaint) appoint
two or three men of each next toune, whose inhabitants haue most occasion
thereof, vpon vejw, to lay out such high wayes according to order given them
by that Court, and make returne of what they doe therein to the next Court,
provided.'

Page 47, title Judgments & Executions, sect 1, Ij: 9, for ' testator,' read
' as y^ party deceased might haue donn.'

Page 54, ti? Marshall, sect 7, Ij: 3, for 'giue notice,' read 'haue
notice.'

Page 69, tit Eecords, sec? 3, Ij: 2, for ' legally concernd,' read ' legally
confirmd.'

Page 77, ti? Trjall, sec 2, Ij: 3, read ' whither they will be tryed by the
bench, or by the bench & jury.'

Page 79, ti? Watching, Ij: 9, read ' such magistrate or comissioner.'
Page 83, ti? Atachm*% read ' attach the goods, or for want thereof, the
body of.'

Page 74, tl? Swearing, read, for ' rashly & vainly,' 'rashly or vaynly.'
Page 77, tit Treasurer, sect 4, Ij: 7, for ' sranscript,' read 'transcript.'
Andforaddi- Page 2, ttt Appeales, s 2, Ij: 3, it is ordered, that after the word

^^^^ 'breifely ' shall be added ' and w^'^out reflections vpon Court or partjes.'

Page 4, tit Bakers, s 1, Ij: 3, after the word ' sold ' shall be added ' for
money.'

Page 25, tit Eclesi, i 1, Ij: 7, after the words ' they shall acquaint ' shall
be added ' three or more magistrates dwelling next,' &6.
Additions past. Page 67, ti? Protest, Ij: 10, after y* word 'making,' ad the word 'or

executing.'

Page 43, tit Indians, s 9, Ij: 2, for the name of ' Majo"^ Atherton ' shall
be read, 'whomsoeuer the Court shall appoint.'

Page 65, tit Inkeepers, Addition to Inkeepers, Ij: 10, shall be added, ' be-
sides the poenalty.'
Courts resoiues It Is also ordered, that in steed of fowerteen persons to be voated for

o quoerjes. ^^ ^^ elections to be magistrates, that henceforth eighteen shall be put to
the nomination. To some quserjes, whither, if at any time there appeare contra
dictions betwixt lawes or parts of lawes, some being made formerly, some
latter, shall the late lawe be accounted of force in all parts, & all lawes, oi



12 October.



THE MASSACHUSETTS BAY IN NEW ENGLAND. 469

parts of lawes, formerly made, be accounted null, wherein they are contra- 16 7 0.
dieted by any latter lawe, though they be not repealled or not, as instanc in
troopers fined by a former lawe 5% by a latter 10^ It is ordered by y' Court
that the latter stand.

2. Whither, the pi-izes of seuerall sorts of cattell as to the country rate
being abated, should not the first prizes be left out wholly in the intended
impression ?

This quest is resolved on the affirmative.

3. "Whereas in the lawe, tit Millitary, the assessment of fines is some-
times referred to the cheife officers and sometimes to the officer, & the majo'
of the regiment may call the cheiffe officer of each company in his regiment
to meet, &6, the question is, whither the Courts intent be rightly rendered, or
the printer failed to put ia the letter S or not. It is ordered, that the letter S
be only added so farr as concerns the serj' majo''s meeting.

*In ans'' to the petition of Capt W" Dauis, M'' Thomas Bratle, M' John [*665.]
Joylifife, M' John Row, & M"^ Edward Rawson, ouerseers of the last will & Ans' to Cap'
testament of M"^ Antipas Boyse, deceased, it is ordered, & by this Court de- tion as to'im-
clared, that the said ouerseers may issue accounts & difierences with all men P"'"""g "r t"^-

•' •' denng y

relating to the sajd estate, according to their best judgments & consciences, or oiJseers of "W"

/T-i !•• 11 n ■ ^ 1 ■ Boysirilltojust

to reifer the same to arbitration, as they shall see cause, without detriment or accounts, &c.

damage to themselues or estates.

In answer to the petition of diuers of the inhabitants of Springfeild, A plantation

gi'^ed to y in-
craving liberty for the erecting of a touneship on the west side of the Riuer habitants of

Conecticott, towards "Windsor, this Court doth grant vnto the petitioners a Spnngfeiid on

■^ y west side of

tract of land lying southward of Springfeild & "Westfeild bounds, to the con- Conecticot

„ . ., 11-1 If 1 ■ 1 . Einer tow'ds

tent of sixe miles square, to be lajd out there lor a plantation or touneship, Windsor.

provided there be five hundred acres of land lajd out to this sajd tract for the

Generall Court or country s vse, one hundred acres of it to be lajd out neere

the place where their meeting house shallbe, and provided that in five

yeares time there be twenty familjes setled on the place, and that they take

care for the procuring & raaintening some able minister there, & that not

aboue eighty acres of land be granted to any one person or family till at least

twenty familjes be setled there ; and for the managing the affaii-es of this

touneship, receiving inhabitants, granting w">in the tract aforesajd, & ordering

all prudentialls propper to the same, this Court doeth appoint Cap? Jn° Pyn- A coSiittee to

chon, Cap?v Eliaz'' Holjoke, Lejf? Cooper, Quartermaster Colton, Ensigne

Cooly, & Rouland Thomas, or any three of them, whereof Cap? Pynchon to

be one, a coinittee for that end, who are hereby impowred to act accordingly,

& so to continue till this Court shall otherwise order.



. 12 October.
Cambridge



470 THE RECORDS OF THE COLONY OF

16 7 0. Whereas the bridge ouer Charls Eiver, which was first erected at

the cost of that toune, together w"" the free contribution of seuerall pub-
lecke spirited persons in some neighbour tounes, which bridge being now
mtide a toll decayed, and by reason of the danger is presented, to the County Court of
" ^^' Midlesex, and the toune of Cambridge, as they alleadge in theire petition, be-

ing not able to repajre it, so that of necessity it must be puld vp & slighted,
& the passage there must be secured by a ferry, as heretofore, which is not so
safe, convenient, or vsefuU as a bridge, — for a ferry is altogether vseless in the
winter, & very inconvenient to transport horses, & not at all accoinadable for
carts or droves of catles, — the premisses considered, it is ordered by this Court
and the authority thereof, for the incouradgement either of the toune of Cam-
bridge, or any perticular persons that shall repajre the bridge, or erect a suf-
ficient cart bridge ouer the ryver at Cambridge, & maintein the same for the
safety of the passengers, they are hereby impowred to take toll at the rates
following, viz' : on penny for euery person, three pence a head for euery horse
& man, slxe pence for euery cart, two pence a head for . euery horse or
other neat catle, one .halfe penny a head for sheepe, goats, or swine ; and
if any refuse to pay the toll aforesajd, it shall be at the liberty of such as
majnteyne the sajd bridge to stop their passage ; & this order to continue
in for so long a time as the sajd bridg is mainteyned ser\'iceable & safe for
passage.

Order setlmg a In pursuance of the honoured Generall Courts order of May the IV^,

divioonof Ju - -^gYO, in refierence to an issuing of the case betweene Nathaniel Chickering,

sons estate be- ' ° *-'

tweenethe plalntlfie, and his mother in lawe, Mary, the late widdow & executrix of

widow & child,

&c. Samuell Judson, deceased, defendant, wee, having heard the allegations of

[*663.] *both partjes, doe determine and conclude, that Mary, the sajd execcutrlx, doe

Exec» issued make vp what she hath pajd already to Mary, hir late daughter, or to the sajd
Nathaniel Chickering, in right of the sajd Mary, his late wife, whither before
or after marriage, the just & full some of forty pounds, the pay to be made
according to the will of Samuel Judson ; and that the sajd execcutrlx^ Mary,
aforesajd, haue set out for her the third of houses & lands that the sajd Samuel
Judson dyed seized of, in his oune right, in the toune of Dedham, vc hither
divided or vndivlded ; and also, that Nathaniel Chickering haue deliuered vnto
him one third part of the other two thirds of the aforesajd lands ; and for the
executing hereof, wee doe, by virtue of the power given vnto vs by the sajd
order of Court, appoint, viz*, Leiutenn' Joshua Fisher, Enslgne Daniel Fisher,
& Thomas Aldrldge, all of Dedham, to make the dlvissions, and to set out the
parts to the seuerall partjes herein concerned, and^ that the charge thereof be



THE MASSACHUSETTS BAY IN NEW EN&LAND. 47I

defrayed out of the whole estate ; and that this is our determination, wee wit- 167 0.
nes the i"^ July, 1670, by o'' names subscribed. ' "f "^

12 October.

JN° LEUEEET,
HOPESTIL FOSTER,
WILLJAM PARKES.

The Court allowes & approoves hereof.

Articles of confoederation Ijetweene the plantations vnder the government of Boston, June
the Massachusets, the plantations vnder the governmt of New Plymouth, '
and the plantations vr.der the government of Conecticot.

Whereas wee all came into these parts of America w*'' one & the same
end & ajme, viz', to advance the kingdome of om- Lord Jesus Christ, and to
enjoy the libertjes of the gospell, in purity, w* peace ; and whereas, in our
setling, (by a wise providence of God,) wee are further dispersed vpon the sea
coasts & rivers then was first intended, so that wee cannot, accorxling to our
desier, w'^ convenience, comunicate in one government & jurisdiction; and
whereas wee are compassed with people of seuerall nations & Strang languages,
which hereafter may prove injurious to vs & our posterity ; and forasmuch as
the natives haue formerly coiiiitted sundry insolencjes & outrages vpon seuer-
all plantations of the- English, and haue seuerall times combyned themselves
against vs ; and seeing, by reason of our distance from England, (our deare
native country,) wee are hindered both from that humble way of seeking
advice & reaping those comfortable fruits of protection which wee might
otherwise well expect, — wee therefore doe account it our duty as well as
safety to enter into a confoederation for mutnall helpe & succour in all our
future concernments, that as in nation & religion, so in other respects, wee
be and continue one, according to the tenure & true meaning of the ensuing
articles.

1 Article. Wherefore it is agreed and concluded by and betweene the Y« yv be
partjes or jurisdictions aboue named, and they doe jointly & seuerally, by these j,,j^g ^f yg
presents, agree & conclude that they all be & henceforth be called by the U"''^<1 CoUo-

•^ ° •' •' njes of New

name of the Vnited Colonjes of New England. England.

2 Article. The sajd Vnited Colonjes, for themselves and their posteritjes. As to a fierme
doe jointly & seuerally hereby enter into a fierme & perpetuall league of ^^^^ advice &
ffreindship & amity, mutuall advice & succour, vppon all just occasions, both succour, &-«.
for preserving & proppagating the trueth & libertjes of the gospell, and for

their oune mutuall safety & welfare, provided, notw^standing, that the power
of determination of an offencive warr, propperly so called, (so as to ingage



472 THE RECORDS OP THE COLONY OF

1670. the colonjes therein,) shall be in the seuerall Generall Courts of the afore
~ ^ mentioned confcederates.

12 October. . . , . .

Each colon to ^ Article. Itt is agreed that the plantations which at present are, or

haae & keepe hereafter shall be, setled w*in the Ijmitts of the Massachusets, shall be for

distinct goflm* ^ , . ^

& jurisdictioTi cuer Under the gove^'ment of the Massachusets, and haue peculjar jurisdiction
I™, ' amongst themselues as an entire body, *and that Plymouth & Conecticot, each
r*667.] °f them, in all respects, haue the like peculjar jurisdiction & government
w"'in their Ijmitts, according to theire respectiue letters patents from \-m majes-
tje, provided that no other jurisdiction shall hei^eafter be taken in as a distinct
head or member of this confoederation, nor shall any other plantation or juris-
diction in present being, and not already in combination or vnder the jurisdic-
tion of any of these confcederates, be received by any of them, nor shall any
two of these confcederates joyne in one jurisdiccon without the consent of the
seuerall Generall Court of the aboue named confederates.

Two comis- 4 Article. Itt is also agreed, that, for the mannaging & concluding of all

sioners of each „. -iiici-,- i

colony. aiiaires proper to and concerning the ■whole conioederation, (not accepted

against in these articles,) two coiiiissioners shall be chosen by & out of each

of these three jurisdictions, viz*, two for the Massachusets, two for Pljmouth,

& two for Connecticot, being all in church ffellowship w"" vs, who shall bring*

full power from their Generall Courts respectively to heare, examine, &

Five of sixe to Weigh, & determine the same ; but if these sixe coiiiissioners, when mett,

bfrefcrrertor ^^^^^ ^°^ ^^^ agree, yet it is concluded that any ^^H^ of the sixe^ agree-

Gen. Courts jjjg^ shall haue power to setle & determine the case in controuersje ; but if

when all con-
cerning the f^ll^ doe not agree, that then such propositions, w*'' their reasons, so farr

stand''bound to ^^ ^^^J ^^^^ bi'^'i debated, be sent & referred to the seuerall Generall
act, &c. Courts, and if by all the sajd Courts there be a concurrance in the matter

so referred, then to be accordingly prosecuted by the confcederates and all

their members.
• '^3 'cfr"""^^ ^ Article. It is further agreed, that the comissioners for the Vnited Col-

(exiraordinary onjes shall iiieete but once in three j^eares, except in cases extraordinary,

cases except-
ed;) i"'atPlim- which meeting shall euer be on the first Thirsday in September, and that the

ton 's^Hart- "^■^'' ™6eting after the date of these presents shall be at Pljmouth, which shall
ford, 4 Boston, l^g accounted' the first meeting, the second at Boston, the thii'd at Hartford,

&u, till a more

convenient the fowerth at Boston, the fifth at Hartford ; and so the meeting will be but
middle be ^ oiice in fiveteeiie yeares at Pljmouth, & double so often in the other colonjes,
agreed on. {{^ [j^ [j^g meane time, some midle place be not found out & agreed on, which



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 56 of 77)