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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found in any place of this jurisdiction, be ap^hended by the connstable of the
sajd place, w"' or w^out further warrant, & brought before the next magis-
trate, who, if, vpon examination shall finde them to such as doe not giue a good
& sattisfactory account of such their wandering vp & doune, they shall pro-
ceede w"^ and against them as rogues & vagabonds, & cause them to be corpo-
rally punished, & sent from constable to constable vntill they come to the place
of their aboad; or in case they will not confesse where their aboade is w*in
this colony, nor yet voluntarily depart out of the same, then to be sent to the
house of correction, there to remajne vntill the next Court of that county.

The Court, being informed by the deputjes of the seuerall tounes that Prohibition of
bread corne is scarse amongst the people, & that seuerall ships & passengers ^^^^g flower
out of England are arived, & more dayly expected, w"' the consideration of *"•
supplying the fishing trade & others, doe therefore order & declare, that no
person or persons shall export out of this jurisdiction any wheate or wheate
flower after the 25"" of this instant mo, vpon penalty of the confiscation
thereof vnto the country, one fowerth part whereof shallbe to the informer.
This order to continew in force vntill the Geiill Court or councill shall take

further order.

There being seuerall rates formerly levyed for repayring the Castle, & Comittees

sundry orders of Court respecting the management of the same, it is ordered castle.
by this Court, that the comittee appointed by this present Court for repayring
the Castle shall & hereby are impowred to account w"" any whom it may con-
ceme respecting the aforesajd levjes, and to examine the due execution of the
aforesajd orders, whether respecting Cap? Dauenport or any other, & to make
returne to this Court at the next sessions thereof.



44 THE RECORDS OF THE COLONY OF

166 2. Whereas it hath pleased the Lord, after many yeares of his fatherly ten-

' '* ' derness towards vs, wherein wee haue binn a people singularly exempted from
fi 1 liis sharpened stroakes, wherein so many abroad haue had so deepe & peirsing

Uation. a sence, but now of late it pleaseth him righteously, in respect of himself and

vs, to chainge his way, turning our healthinesse into sickljnesse, our sweete
vnion to much disvnion, our fruitful! seasons to seasons some times threatning
to w'^old the rajne, as at present, so that the earth & creatures seemes
mournful!, our spirits many wayes exercised as to events & vnsetled as to
trueths of great consequence, the cleerenesse of judgment being greatly ad-
vantagious not only to churches but the good of familyes ; and that wee may
enjoy and feele more of his gracious presence in recouering our primative
beautje in his wayes, to haue his asistance w"" our agents abroad, w*'' his
blessing on the synod now shortly againe to be assembled, & on all other our
great concernments, doe judge the Lord calls vs to humble our soules before
him, therefore this Court doe coiiiend it to the pious care of all the congrega-
tions in this colonje to sett apart as a solemn day to that end, to be religiously
kept in fasting & prajer, the fifth day of the next moneth, being the fifth day
of the weeke.

For the better setling & accomodating of the troopers of the county of
Essex, —

Essex troopers It is Ordered, that the sajd troope be devided vnder their present

officers, who are impowred hereby to take care & coinand of the respective
divisions, viz., that the troopers of Ipswich, Eouly, & Newbury, Andivir &
Topsfeild, be vnder the comand of the ^sent officers living in the sajd tounes,
and that the troopers of Salem, the Eiuer Head, Manchester, & Lynne be vn-
der the coinand of the officers of the troope there residing, & that either of the
sajd troopes haue liberty to nominate a compleat nomber of officers according
to lawe, to be allowed & confirmed by the County Court.
[*397.] *M'' Safn Dalton, deputy for Hampton, hauing an aged father, since his

dismission"^ Coming to this Court, daingerously, if not mortally, wounded, by the fall
of a tree, desiring -f favor of this Court, is dismissed his attendance at this
session.

Deputys dis- M' Tho Layton, Cap? Joshua Hubbard, & Lef i Smith, *n their rendrng

cliiird.£r6. «

their excuses for their absence at the last sessions of the GeneraU Court, the
Court judged it meete to remitt theire fines & dischardg them.
Court sen- Tobias Saunders & Robert Burdet, of Eoad Island, being, on the 14"^ of

ders&Burdett. Nouember last, brought to Boston as prisoners, by virtue of a warrant from
the GoQno' & Magis'S bearing date 25 8 A, 1661, for a forcible entry & intru-
sion into the bounds of Souther Toune, for want of security or bayle to appears



THE MASSACHUSETTS BAY IN NEW ENGLAND. 45

before the Generall Court to ans' what should be lajd against them, were 1662.
comitted to prison, appearing before the Court, had their full liberty to make " '^ '
their pleas, & in open Court the sajd Saunders & Burdet acknowledged they
were the persons that had entred on the lands at Paukatucke, in the bounds of
Souther Toune, as aboue. The Court, on hearing o>£ all y^ pleas made, sen-
tenceth the sajd Tobias Saunders & Robert Burdett to pay forty pounds for
theire oiFence & towards sattisfaction of the chardges expended in conveying
them before authority, & that they stand comitted to prison vntill the fine
be sattisfied, & security giuen to the secretary to the value of one hundred
pounds for their peaceable demeanor towards all the inhabitants of this juris-
diction for the futui'e. Vide file.

In ans' to the petition of Samuell Arnold, the Court judgeth it meete to Ans' to Sam.
order, that the administration graunted him the 28"^ of May, 1661, to his y™° ^ pe 1-
brothers estate, stand vnq^uestionable for the legallity of it, and that the ob-
struction recited in his petition be no barr to his prosecution for after times
in the County Court for seeking his just right according to the administration
graunted him, any thing in the lawe, title, possessions, or otherwise notw*-
standing.

In ans'' to the petition of the inhabitants of Marlborough, the Court Mariboroug
judgeth it meete to allow of & graunt their desire as to their brandmarke, & *°™®^''^'
referr them to y*^ law directing by y* selectmen to order the raysing of rates. * ''"'^' *° "i^"'

. . . . petition.

In ans' to the petition of Willjam Russell, the Court judgeth it meete . r t w«>
to order, that the marshall, on the extent of the execution on the person Eussells

petition,

or goods of sajd Russell, according to money exprest by the judgm',
shall giue the petitioner oppertunity to attach the goods seized, to respond
an action of revejw at the next County Court, any thing in the judgm'
notw'^'standing.

In ans"" to the petition of Maulden, this Court doe graunt to the ministry Court graunt
there one thousand acres of land, in any place not legally disposed of, to be ^j \^^^ ^^ '^\
foreuer appropriated to the vse & benefitt of the ministry of the sajd place, & "lini'^try of
not to be aljenated or otherwise disposed of; & all this on condition that they
cause it to be bounded out & put on improovem* for the ends proposed w"'in
three yeares next ensuing.

The Tresurers acco* not being brought in, it is ordered, that the comittee CoiTiittee to
formerly appointed, w* M' Edw Ting joyned to them, are ordered to take his " ^^ resurera
accounts & present them to the next sessions of this Court.

In ans' to the peticon of W™ Bojnton, in refferenc to a difference be- Ans' to w-
tweene him & M' Richard Dumer ab' land, the partjes agreeing before the t"'" ""^ '"^ '"
coinittee of this Court finally to issue their difference by arbitration of two



46



THE RECORDS OF THE COLONY OF




[*398.]

Ans' to Bee-
bees peticon.



Ans' to M"
Stieafes pet.



Ans' to Rich.
Parks pctiuon.



Atis' to RicK-
ai-d & Isack
"Wooddees
peticon.



Ans' to W™
Scavers i)Cti-
tion.



Ans' to Tops-
feild peticon.



men, w"'' each other approoved of, the Court appointed Majo' W™ Hauthorne
to be the third person, w* both partjes consented to. The Court judged it
meet to impower fully the sajd cofnittee, or any two of them, Majo"" Hathorne
to be one, fully to determine & setle the case propounded in setling the dis-
tinct bounds & bound marks of the lands in question, on a hearing & vejwing
the case once w'Mn three moneths, and to determine & order who shall defray
the chardges occasioned thereby. •

*In ans'^ to the petition of Thorn Beebee, humbly desiring liberty &
authofty from this Court to make sale of a certaine house & land at Cape
Ann, &(3, —

The Court judgeth it not meete to graunt the petitioners request, the
house & land mentioned in his petition being entayled to heires vnder age,
& out of this jurisdiction.

In ans"" to the petition of M" Margaret Sheaffe, relict & administratrix to
the estate of the late Jacob Sheaffe, humbly desiring the favo'' of this Generall
Court to impower M'' Joseph Rocke, administrator to the estate of the late M"^
John Cogans, to make a firme deede of sale to hir for that house & land w*
she lately purchasd of M"^^ Coggan, & adjoyines to hir oune, hauing payd y'
sd M'^ Coggan, to a smale matter, for the same, y' so she might be enabled to
pay hir late httsband Coggaus debt, as y^ order of this Court, October, 59,
did impower hir, the Court, on pervsall of y" order & accomt, judge meet to
graunt y® peticoners request, so as the heires, execcuto''^, or administrator^ of
M' Coggans estate, or y« petitioner, performe what the forementioned order
requires.

In ans'^ to y" petition of Eich Parkes, of Cambridg, the Court declares,
he may continew his church fellowship, according to his desire, till he shall
see caiise to craue dismission or disinction not crossing the order of the
Generall Court of May 22, 1661.

In ans"" to the peticon of Richard & Isack Wooddee, the Court, on hear-
ing the case, and on pervsall of an order of this Gen''ll Court, dat October,
59, for securing thirty fine pounds vnto the petitioners, w*, for ought ap-
peares, is not performed, doe therefore order, that the administrato" of M"
Martha Coggan be responsall for the same, as also to make good all just dam-
ages for non performance of sajd order.

In ans'' to the petition of Robert Seaver, administrato"^ to y« estate of W™
Peacocke, the Court judgeth it meete to allow & approove of the order of the
County Court in y'' case mad 29: 8, 61, & that the house & land be sold
accordingly.

In ans'' to the petition of the inhabitants of Topsfeild, the Court judgeth



THE MASSACHUSETTS BAY IN NEW ENGLAND. 47

it meete to order that the dividing line betweene them & Salem shall be runne 1 G 6 2.
by Ensigns Noyse & Jonathan Danforth according to the determination of this ' '

Court in October, the charge thereof to be aequally borne by both tonnes
concerned.

In the case depending betweene Robt Marshall, of Boston, pi', & Chris- Courts judgm'
topher Palmer, of Hampton, defend', coming to this Court by the disagreement Palmes «ise.
of y« bench & jury, the Court, on a hearing of the case, & evidences therein,
doe findc for the plaintiffe, viz., Eobt Marshall, concurring w"^ the verdict of
the jury at y" Court of Assistants reuersing the judg"' of Hampton Court, &
graunted the sajd Marshall costs of Court, i. e., twenty thi-ee pounds fower-
teene shillings onepenny.

In the case presented to this Courts cognizance from the Court of Asist- Courts judgm*
ants, by way of appeal, betweene Xtopher Palmer, plaintiffe, & Robert Mar- xto'pherVal-
shall, defend', in an action of the case for breach of couenant, the Court, on "'" * Robert

■ ' ' Marshall.

hearing of the case, & evidences therein ^sented, doe find for the defend'
costs, fower pounds three shillings.

It is ordered, that Capt Richard Waldern is & shall be heereby impowred Cap' vvaideme
to marry such as shall be published according to lawe vs^'Mn the precincts of marry &c.
Douer.

In ans' to the petition of Mary Chichester, the Court judgeth it meete to Ans' to Mary
confirme & approove of hir sale of husbands house & land in Salem, he hauing petition,
binn fiue yeares absent from hir at Virginea, many debts hauing beene con-
tracted for hir necessary support, & the charge of y" repair of y" house being
more then she is able to discharge, the whole value of it being but thirty
pounds.

In ans' to the petition of John Viall, the Court judgeth it meete to referr Ans' to John

. IT J 1 Vialls petition.

the petiooner to y' County Court next m Boston, to be licensed to keepe a
taueme or not, as they see cause.

*In answer to the petition of Capt Francis Norton in behalfe of the Artil- [*399.]
lery Company of Midlesex, the Court judgeth it meete to graunt the peticbners, ^""^^.j^j^^ *°
the Artillery Company there, & their successo" in that service, a thousand Company of

Middlesex.

acres of land where it may be found, according to lawe.

In ans"^ to the petition of Jane Harwood, the Court judgeth it meete to Ans' to Jane

,.,., . ,...T^ „ Harwood.

to leaue the petitioners daughter to hir liberty to come into this jurisdicDn, &
submitt hirself to the justice & mercy of the County Court.

In ans' to the petition of Samuell & Nathaniell Sherman, & Mary Clarke, Courts judgm*

_ . . , . ab' Shearmans

children of Samuell Shearman, long since deceased, &S, the comittee of this estate.
Court, hauing considered this petition, & heard the petitioners pleas, & an-
swer of M' Colebron, one of the administrato" to that estate, & pervsed the



48 THE KEC0KD3 OF THE COLONY OP

16 62. seuerall ■writtings by them produced, returnd, that the petitioners had no
' "I ' such cause of complaint therein, w"^ the Court allowed of & confirmed.

7 Ma.V' •

Ans'toM' ^^ ans"" to the petition of Benjamin Newbury, Daniel Clarke, & Sarah

Neubury & M' W'oolcot, in behalf of himself, & in right of their wives, children of the late

Clarks peticon.

M'' Thomas Newbury, the Court judg it meete to declare, that, after theire
consideration & examination of the graunt, & evidences in the case, produced
som testimony of a sale, & some probabillity of payment thereon, they see no
ground to graimt their petition for laying out the lands thereon mentioned ; but
if sattisfaction be not made accofing to agreement, the petitioners, or whom
els it may concerne, may recouer sattisfaction, w''' just damages.
Ans' to Ri. In ans"" to the petition of Rich Bellingham, Es^, Dept GoQ, the Court,

Esq., petition. Considering the grounds of his petition, judge meete it be declared, that the
petitioner, continuing his claime to the house & land mentioned in his
petition, by causing the same to be entred w"' the recorder of that county
before the SO"" of this instant, he may then prosecute his accon or actions ag*
such as doe w"'hold his interest therein at any Court of that county as to him
shall seeme meete, any other acceptation or inter^tation of the lawe, title
Possessions, notw^standing ; & in case he be not sattisfied w* the judgm* of
the County Court, he may appeale as the lawe giueth liberty.
Order to lay On the motion of M' Richard Russell, referring to the setling of the

semtoxme' lands of his farme betweene Manchester & Glocester, it is ordered, that in
case the gen'" nominated in the order of Court shall refuse or neglect to
attend the same w*in two moneths, the sajd M'^ Russell, giving due notice of
this order to the comittee & tounes concerned, may then take an able siu'veyo'
to determine the bounds.
Ans'to Hollo- In ans"' to the petition of W™ HoUoway, father to the late John Hollo-

ways petition, yfi^j^ tj^jit; served the GoQno"' as a serjant neere two yeeres, the Court judgeth
it meete to graunt the sajd W™ Holloway, the father, (to whom administration
was grauuted by the Coimty Court to the estate of sajd John, his sonne,) one
hundred & fifty acres of land in some free place neere to some plantation
or farme.
Comittee to Cap? Francis Norton & M' Edward Tyng are hereby impowred, as a

TC'o"'account comittee, to take the generall surveyor's account respecting armes & amunition
& to make returne of what they finde therein to the next session of this
Court.
M' Danrortli The Court judgeth it meete to graunt to M" Thomas Danforth two hun-

dred acres of land, adjoyning to some lands he hath, betweene Conecticot
path & Marlborough, & appoint Ensigne Noice, of Sudbury, w"' old Good-
man Rice & John How, to lay it out, w* other lands graunted to him by this



200 acres.



THE MASSACHUSETTS BAY IN NEW ENGLAND. 49

Court; & the act of any two of them to be accounted valid, both for quantity 166 2.
& C[uallity. ^ '^ ^

7 May.

Vpon a motion made in the behalfe of the toune of Hampton, M' ,, „ _ i

■^ -^ ' M' Sam. Dal-

Samuell Dalton is appointed to solemnize marriage there betweene persons ton to many at

Hampton, &o.

published according to lawe.

*In the case of Abraham Broune, of Boston, merchant, atturney to Thomas, [*400.]
Isacke, & John Hallet, merchants, plaintiffs ag* Mathew Armestrong, late Courts judgm'
master of the good ship called the "Willjam & Thomas, defend', coming to & M' Arme-
this Court by the disagreement betweene the bench & jury, after the Court "
had duely considered of the Courts judgm", w"' the evidences in the case pro-
duced, which are on file, this Court doe judge, declare, & order, as a finall
issue of the sajd case, that the sajd Mathew Armestrong, appearing before the
Gouerno', or any two magistrates, shall cleare himself, on oath, of all the money
he came from Tortoodars, reserving onely one fifth part thereof to himself
for his care & pajnes in preserving the same ; and that on the receipt of the
sajd moneys, the plaintiffe shall giue him a full discharge from all fuither
molestation referring to the moneys by them coinitted to the custody of the sd
Armestrong. And this Court doe order, that in case the id Armestrong shall
refuse to cleare himself by his oathe, he shall then pay to the plaintiffs fower
hundred pounds, and in case that, by the providence of God, he be prevented
of such an oppertunity, then his suretys shall pay vnto the plaintiffs one hun-
dred & sixty pounds in currant money of this countrey.

For a finall issue of the controuersy betweene the toune of Dedhame & Courts judgm'
some particcuJar inhabitants of the sajd toune & the Indians at Naticke, the y. Indians case
Court, having considered the pleas & evidences pisented by both partjes, and
finding that although the legall right of Dedham thereto cannot in justice be
denyed, yet such haue binn the incouragement of the Indians in their im-
proovements thereof, the which, added to their native right, w* cannot, in
strict justice, be vtterly extinct, doe therefore order, that the Indians be not
dispossessed of such lands as they at present are possessed of there, but that
the same, w'^ convenient accoinodation for wood, & timber, & high wayes thereto,
be set out & bounded by M' Thomas Danforth, M"^ W'^ Parkes, M' Ephraim
Child, & M"" Edw Jackson, or any three of them, who are hereby appointed a
comlttee to execut this order, and that the damages thereby susteined by Ded-
ham, together w"^ the charges expended in suite about the same, be also
considered & determined by sajd coinittee, & such allowance made them out
of Naticke lands or others yet lying in coinon as they shall judge Eequall, &
apoint, making report to this Court the matter of charge, that so the Court
may determine where to lay the same or any part thereof.

VOL. IV. PART II. 7



50 THE KECORDS OF THE COLONY OF

1 G G 2. This Court, finding that Nicholas Vpshall, being formerly sentenced tc

^ '^ ^ perpetuall imprisonment, & obteying a reprivall, hath greatly abused their

^ , ' Z^' . lenity towards him, doe therefore order, that he shall be againe confined to

Order ab' Nio» J ' o

Vijshaii. the house of John Capen, of Dorchester j & in case of his refusall or non

attendance thereto, to be comitted to prison by warrant from the next magis-
trate.
M' Dauison, This Court, on request of Middlesex troope, doe allow & confirme M'^

Midd'troope Nicholas Dauison cornet of the id troope, vnder the coinand of Left Tho

Prentice.
Acts of the The returne of the coiiiittee appointed at a Generall Court December

firmoT&'e"in ^1' 1661, for the furtherance of the honored coiiiissioners for our negotiation
reffcrence to o' ^^th i^jg royall maj'J', being openly read when the whole Court was mett to-

messeng" ne-
gotiation, gether, this Court doe approove & confirme the same, w"*" remajnes on file.

Order ab» Col- This Court doeth order, that Edward Colcott be sent for, by warrant

'^""" from the secretary, & comitted to the house of correction in Boston, there

to remajne, according to the sentence of Hampton Court, vntill he have giuen

bond to the value of fifty pounds for his good behaviour.
500 acres In ans' to the peticon of M"^ Tho Cobbet, of Ipsuich, the Court Court

M^Cobbett j^dgeth it meete to graunt him five hundred acres of land where he cann find

it according to lawe.
P401.1 *This Court doeth order, that what moneys or goods doeth yet remajne

Order ab' Mar- in Robert Marshalls hands yet vnpajd to Edward Colcott, according to con-
gj tract, in exchang of the horses, shall be pajd by the sajd Marshall to Xtopher

Palmer, or allowed in part of the judgm' of this Court graunted to the sajd

Marshall.
Ans'toBogge- In ans'' to the petition of the inhabitants of Boggestow, it is ordered,

stow peticon. ^^^^ ^^ Edward Jackson, M' Ephraim Child, M' W^ Parks, & Ensigne

Fisher, or any three of them, shall & are hereby impowred, as a coiiiittee, to

vejw the place, & returne their ap^hentions to the next sessions of this Court,

for setling a touneship there, as is desired.
Cap' Oiia to It is ordered, that Capt James Oliuer take care that due lodgings

'"^~7ssioiiera ^ ^ provissions in an honorable way be provided for the coiiiissioners of the

colonjes & their attendants at their next meeting at Boston, on the countrys

accompt.
A touneship In ans' to the petition of seuerall ^ the inhabitants of that part of the

Vncata^quisset ^oune of Dorchester where is sittuate on the south side of Naponsett Eiuer,
now called coiiionly called Vncataquissett, humbly desiring that according to the terme &
1662. teno'' of their graunt from Dorchester, w'^'^ is annext to their peticon vndr the

hand of W™ Blake, recorder for y" toune of Dorchester, to confirme the




THE MASSACHUSETTS BAY IN NEW ENGLAND.

sajd graiint vnto them, w'^^ sd graunt is on file, the Court judgetli it meete to
graxmt their petition so farre as it concernes a tounship, &, on their request,
doe order that the sajd place shall be called Milton.

A farme of two hundred & fifty acres of land, formerly graunted to 250 acres lajd
Edward Eauson, is lajd out fower or fiue miles beyond Meadfeild, bounded toEd.'^Kaulon
^yth A B C D, lying at the west end of M' Lynds farme, betweene Natick
Ijne & M' Winthrops farme, & is wrought by the scale of the thirty two part
of an inch for two rod, as p a plot giuen vndr the hand of

JOSHUA FISHER.
The Court allowes & approoves hereof.

In ans' to the petition of Majo"^ Gen Daniel Denisson, it is ordered, that Comittee to
Maio'' Hauthorne & Ensigne Houlet shall & hereby are desired & impowred ,-"■'' °\, /"'

•' ° •/ I &en. Denison

to lay out his three hundred acres, & a former graunt of seuen hundred acres * ^"^P' sen.

farme.

to M"' Bellingham, betweene Andiuer, Salem, & Rouley, so as that both farmes
be layd out for quallity according to each proportion as the place will beare.

In ans'' to the peticon of Hannah Munings, this Court declares, that the Hannah Mu-
peticSn doe not belong to the cognizance of this Court, & doe therefore order '"°^ ^^ "'''"'
the peticon, & pay be returnd to the peticoner.

In ans"^ to the peti66n of Papisseconeway, this Court judgeth it meete to Indian planta-



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 6 of 77)