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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cedar trees of the country to produce the same, so it will be (as they alleadge)
a matter of great charge to the vudertakers to effect it ; therefore desire they
may, vpon termes, haue the sole liberty for a considerable time to produce &
make the same, & all others to be prohibbited of that liberty w'Mn this juris-
diction.

It is therefore ordered by this Court & the authority thereof, that no per- His liberty to

.,,.. ...,...,.. . , , ., rajse & make

son or persons mhabittmg w'^in this jurisdiction, excepting the aboue sajd pitoji, rozin,
Richard Wharton, John Saffyn, & company, & their assignes, shall make or ^'''
produce (any otherwise then hath binn practised in former tjmes in this coun-
try) any pitch, rozin, turpentine, oyle of turpentine, or masticke of the pine
or cedar trees in this jurisdiction, for the space & terme of tenn yeares next
following the date hereof, (excepting what particcular persons shall make for
their oune vse, & not for sale,) and that no person or persons whatsoeuer, ex-
cepting the sajd Wharton, Saffyn, & company, shall import into this jurisdiction
any of the aboue sajd comoditjes from any parts of Amerrica for the aforesajd, Onw'temes.
and these vpon the forfeiture & confiscation of the sajd goods or comoditjes
so produced or imported, the one halfe to the informer that shall prose-
cute the same, & the other halfe to the country ; and further, for incourage-
ment to the sajd vndertakers, this Court doeth hereby grant them the vse of
the pyne & cedar trees w'4n the compasse of fiue thousand acres of land for
that vse, in seuerall places, where they shall finde it most convenient for them,
for the sajd terme of ten yeares, which is not appropriated or granted ; pro-



500 THE RECORDS OF THE COLONY OF

16 71. Tiided allways, that what of the sajd coinoditjes the sajd Wharton & company
'^ shall make & produce shall be sold for the vse of the country at reasonable

8 June.

rates, the pitch & rozin not exceedinar fiueteene shillinsrs p each hundred

In case of fay- ' r s o ±

I™''- weight, to be deliuered at Boston ; and also pay sixe pence p cent of each of

the sajd comodity", pitch & rozin, of what they make out of comon timber,
or els this present act & order to be voyd & of none effect as to any or so
many onely of the sajd comoditjes they shall faile to make & supply the
country w">all as aforesajd.

Ans' to Jn« In ans' to the peticon of John Smith, bricklayer, & Sarah, his "wife, the

& Sarah Smiths /^ ■ -, t . t, .^ .. . i

peticon. Oourt judgeth it meet to order, that on the peticoners giving security to the

County Court of Suffolke for making good ffiffty pounds to the child of John
Wilmot when it shall come to age, in lejw of the land mentioned in the peti-
tion, they shall & hereby are impowred, on performance thereof, to confirme
the sale of that land to M"^ Wharton & M' Whetcombe.
Ans' to M' In ans' to the peticon of M"^ John Dauenport, humbly desiring this Courts

ports petition f^^'^our to grant him some land, relating to his late fathers being an adven-
600 ac's. turer into the coinon stock, & instrumental! in furthering of this plantation, &d,

the Court judgeth it meete to grant him fiue hundred acres of land in any
free place, not hindering a plantation.
Ans' to Tho. In ans'' to the petition of Thomas King, John Fay, John How, Sen, Peter

s'^tt Te Bent, & others, of Marlborough, it being questionable whither the land desired
&c, for a plan- be w'^'in our Ijne, & so not in the power of this Court to grant, the Court

tation.

judgeth it meete to refferr the peticoners, in case they cannot rest where they
be, to looke out for a meete place w*in our Ijne to the westward, on Conecti-
cot Eiuer, to answer their expectation, and then present it to this Court, who
will consider thereof.

Ans' to Philip In ans'' to the peticon of Phillip BuUis & Judith his wife, the Court, by

^u IS peticon, ^^leb: coinittee, hauing considered their petition, & finding hir first husband
djed w'^out will, & no administration granted, nor setlement of the estate by
the County Court, judge meete to referr the matter to the County Court of
Sufiblke, to act in setUng the estate according to lawe, and also to give liberty
& power to the petitioners, if they see cause, to sell part of the land for pay-
ment of the debts, maintenance of the children, & repajring of the house, gon
to decay.

Ans' to Joshua In ans"^ to the petition of Joshua Tyd, atturney to Zecheriah Long, it is

y s pe icon. Qj,^gj,g^ ^^g^ ^]^g peticoner may haue his liberty to prosecute his appeale' at the

next Court of Asistants in September next, as if he had desired & binn al-

Ans' to Ahr. lowed his appeale at the County Court.

Busbys peti-
tion. In ans"' to the petition of Abraham Busby & Abigaile his wife, the Court



THE MASSACHUSETTS BAY IN NEW ENGLAND. 501

judgeth that there is no ground for these persons to peticon, & judge it meet 1671.

y* matter be left till the right heire be of age to deale in it. " ' '

*In ans' to the petition of Capt Richard Walderne, the Court judgeth it r*685"l

meete to grant the peticSner two hundred acres of land in the place men- ^ns' to Ri.

tioned in his petition, as also thirty acres of meadow for his accoinodation, the w='i<i<=''i«= Pe-
tition,
neerest the place before mentioned, prouided it be not predisposed to toune or

person ; and this to be as an expression of the Courts acceptance of service

donne for the country, and as a smale recompence referring therevnto.

In ans' to the petition of George Addams, the Court judgeth it meet to Ans' to Georg
refer the petitioner to sue for his right at the County Court in Midlesex, sub tol^""^ ^^''"
forma pauperis, and the sajd Court is hereby impowred fully to determine, con-
clude, & setle the same.

In ans' to the motion of Capt Thomas Lake, in behalfe of himself & Ans' to Cap'
partners, it is ordered, that Capt John Wincoll & John Hall, of Douer, shall ^ ''^ "*" '°"'
& hereby are appointed & impowred to lay out the fower thousand one hun-
dred & twenty five acres, formerly granted them, making theire return to this
Court.

In ans"^ to a grant made to Capt John Pearce, 29 Aprill, 1668, there is Cap' Pears
lajd out sixe hundred acres of land, of which three or fower score acres is to'peterTuft
meadow, for Peter Tufts, of Charls Toune, who hath purchased the sajd grant ^"^ ^°'^^^-
of Captaine Pearse, as is testified by Cap'? John Wayte : the land is south
west, and about fine or sixe miles distant from Anawpauge, vpon the roade to
Springfeild, the bound Ijnes of the sajd land being extant by marked trees,
many of them hauing the letters P T vpon that side of the trees compre-
hended w'^'in the Ijne. The Ijne north & south is the meridian Ijue. This
land was lajd out 6 8 iri, 1670, by John Flynt, vpon the testimony of Cap?
John "Wajte to the petition anexed, that the land was legally conveyed by
Capt John Pearse. The Court allowes of the returne, so it hinder not a plan-
tation.

This Court, hauing ordered the secretary to send a copy of this Courts
approbation of the articles of confoederation, w"' some emendations, to the
Governo"^ & Generall Court of Connecticott for their approbation, received
this ensuing letter from the Generall Assembly of Connecticot, signed by
their secretary, as their answer, & is, —

Hartford, May 11^ 1671. Conecticotts

Honoured S":— ComtJunee,

"Wee haue this session received from ^our secretary a copy of the con- ^^•
elusions of the honoured comittee of the Vnited Colonjes, June last, together



8 June.



502 THE RECOEDS OP THE COLONY OF

1671. w* the emendations your honoured selves past October last; & vpon our
serious consult of the same, wee haue thought good to advise you that wee
shall ^ concurr in those alterations you haue propounded in the fowerth
& seventh articles. Wee cannot see sufficient grounds to comply therew"", or
vary from what the honoured comittee haue propounded ; for we conceive
that that way & order in those articles, as to the end propounded by the sajd
coinittee, is very rationall & jiist, it being an aequall & proportionable way of
defraying charges & distribbuting of any proffitts that may acrew, vnto which
wee doe adhere & accept, and accordingly haue chosen our coinissioners for
the next meeting at Pljmouth, and impoured them, in behalfe of our Generall
Court, to signe the articles of confcederation, and to act in behalfe of this col-
ony w"^ the honoured comissioners from yourselues & Pljmouth, as the matter
shall require. Wee hope vpond secoond thought you will see reason to concurr
w"" us in passing the articles as wee haue related. Honoured gentlemen : Wee
haue thought good to take this oppertunity to give yow to vnderstand that
some of our people at Windsor haue advised us that they feare that the erect-
ing of a plantation aboue them by a grant from yourselves will prooue very
prejudiciall, if not ruinous, to them. The greatest part of the auntient bounds
of their toune being a barren pine plajne, they haue litle timber nearer them
then a place by them called Pipestaffe Swampe, which is about sixe miles
from their toune ; and if that should be taken from them, they would be
much prejudiced.

And therefore, vpon their request, wee haue added to their former bounds
two miles northward, which is no more then they haue vsually improoved by
ffeeding and getting timber on, which wee thought not amisse to acquaint you
r*686.1 *w"', that if you should be mooved to stake bounds for this new plantation,
yow may consider what wee haue donne, & may not, through want of infor-
mation, prejudice an antient plantation. Wee haue not further to add but
our respects to you, & prayers for yow, that He who is the WonderfuU Coun-
sellor would direct & help you through all yo"^ weighty concernments.

Honoured & beloued, we are your affectionate ffreinds & confoederates,
the Generall Assembly of his maj^^ colony of Conecticutt.

Signed p their order,

P me, JOHN ALLJN, Secret'?, 1671.

Sup'scribd these for y« wo'^pff' Richard Bellingham, Es^, Gofl of y°
Massachusetts colony, in Boston, to be coinunicated to y' honord Gen^ Court
there.

The Courts answer therevnto was, —



THE MASSACHUSETTS BAY IN NEW ENGLAND. 503

Honored Gent" : — 1671.

"Wee haue received yours dated May 11*, 1671; and referring to your ' ^^ ^
objection made against the alteration in the ninth & tenth articles, wee ap^- ng^^^s ^ns' to
hend that, had you been acquainted w"' the reasons that moued us therein, Connecticots

letter.

you would readily haue complyed w"' us. Wee shall at present instance only
these three : —

1. The congruity betweene the noumber of persons to be sent from each
colony in case of neede, & the charges expended thereby ; for doubtless men
& liues are of greater worth than our estates.

2. The taking the number of polls, as it admitts of jealousies & mistrust,
so also may sundry wayes be injurious to the plantations.

3. The proposall is not made for to abide in that proportion foreuer ,• but
if, after tenn or fiveteene yeares, more or lesse, the proportioning of men, & rule
thereby for proportioning charges, be found to be vnEequall, it may by mutuall
agreement be altered, which wee appihend willbe a way farr more elligible then
to innmnerate polls of men in all the colonjes from tjme to tjme.

And in refference to your intimation given concerning our south Ijne, &
yo' grant made to Windsor toune, wee are not sattisfied w"' the legallity of yo''
proceeds, in case the land you mention be w'^'in our Ijne, which hath (as you
well know) been stated & actually sett out many yeares since, and your pat-
tent bounded vpon it ; and where wee haue granted propriety, wee may not
w"" good conscience be yea and nay, the proprieto''s hauing (as we vnderstand)
lajd out some allotments, and haue their dependances therevpon ; and that the
line may be more clearely knoune, wee haue appointed a coinittee to beginn
where the artist formerly left of, and markt for twenty miles or more westward.
Wee shall order our coinittee for that affaire to giue you notice of the time,
that yow may haue an opportunity, if you please, to send some of yours to
accompany them in that worke. W"' our respects to yow, remajne, gen'°.
Your assured loving freinds,

EDW: EAWSON, Secre?ry.

In the name & by order of the Generall Court of the Massachusets.

Boston, June 6, 1671, & directed to y" Goiino'^ there, M. Ans'to M'

John Greens
peticon in be-

In ans' to the petition of John Greene for and on the behalfe of the chil- half of y late

M' Alcockes

dren & orphans of the late M' John Alcocke, humbly desiring the favour of children, &
this honoured Court that the sajd lands mentioned in his petition, layd out at ^^^^ ^™^"'J
or neare to & about Assibath, Assabeth, or Elisabet Ryuer, & as conteyned in 200 acs & the

30 ac's men-

the quantity, bounds, & Ijnes thereof on the sajd Ensigne Thomas Noyes= platt, tioned, &5.



8 June.



504 THE KECORDS OF THE COLONY OF

1671. surveyo', certified by Deacon Haynes to be bis worke, presented & aiinext,
might be confirmed & rattified by this honoured Court (as in like cases ac-
customed) vnto the children, heires, & execcutors of the aforesajd M"^ John
Alcocke ; and also, if it may stand w"* the wisdome of this honored Court, he
further humbly prayes the like favor for the thirty acres of land on the other
side of Merrimacke Eiuer, in consideration of the sajd John Alcocks peaceable
(twice) yeelding for more generall good, as is mentioned in the peticon, &
that it contracted such a double trouble & charge, besides the hazards there-
Ypon so long a time, to obteyne at any convenient rate or place what the Gen"
Court had binn pleased to grant vnto him so long before, — this Court are
willing & doe hereby order the platt draune by Ensigne Noyes be accepted,
and that the thirty acres so long since layd out by M'' Hincksman & M"^ Jon-
athan Danforth, sajd to be supposed on reccord, but because it cannot be
found, suppose it slipt reccording, doe allow of & confirme the sajd thirty
acres vnto the sajd M' Alcocks children.

[* 687.1 *It is ordered, that Majo"' Eliaz'^ Lusher shall & hereby is impoured to

Maj' Lushers authorize any person or persons, w''' the authority of a constable, to search for, &

comission to

search after by all effcctuall ways & meanes to bring in, all such euidences, both Indian &
' ■ English, as may best tend to the discouery of the murder lately comitted by
the Indian in prison, as is generally beleiued, on an Enghsh person, that so
the country may be preserved from the guilt of blood.

Ans' to Roger In ans"^ to the petition of Roger Connant, a very auntient planter, &6, the

- °""™ ^ ^l ^ Court judgeth it meete to grant the petitioner two hundred acres of land,

gr'ed. where it is to be found out free from any former grant.

Ans' to Gloces- In ans"^ to the petition of the inhabitants of Glocester for setling of the

bounds betweene that sajd toune & Manchester, the Court judgeth it meet, &
doe hereby order & appoint Capt Thomas Lathrop & Leiftennt Samuel Apleton
to joyne w"' M"^ Joseph Gardiner, as a comittee to inspect the difference be-
tweene the sajd tounes, &, on a hearing of both partjes & pervsall of such
orders as haue past this Court in this matter, to setle the sajd bounds accord-
ingly, & to make returne thereof to the next session of Court, Capt Lathrop
& Leiftennt Apleton to appoint time & place of meeting, the charge thereof
to be borne by the tounes concerned, & all agitations referring to these differ-
ences to cease in the meane time.

Ans' to Aiquat In ans"^ to the petition of Alquot & W allump, sachems of Poyasacke,

ftion^TZ- neere Westfeild, complayning that an Indian called Amoakisson sold a parcell

chems of Poj- of their land at Woronoake to Left Cooper, w'^'' is distributed amongst seuer-

asats.

all English inhabitants of Westfeild, w"^out giving them, the true ouno^'s of y"
land, any allowanc, though often desired & demanded, humbly desiring this



THE MASSACHUSETTS BAY IN NEW ENGLAND. 505

Courts favour to releive them, the Court judgeth it meete to refer it to the 1671.
County Court at Hampshire to order the petitioners sattisfaction, (if they find ' ' "^
just cause,) and to make a finall issue of the matter, & to returne what they
doe herein to the Generall Court.

In ans"^ to the petition of W™ "Ward, John Eudduck, Solomon Johnson, Ans' to Marl
W- Kerly, selectmen of Mai-lborough, Majo' Willard, M- Staughton, & Capl a co'Stteefp-
Hugh Mason are appointed a coinittee, & impo-wred w"' the like power that the P°™t«'i' ^'

_ ^ "Willard, M'

former comittee had, to effect all things yet remayning as the setling peace at Staughton, &c.
Marlborough.

In ans' to the petition of John Gage, humbly desiring the favour of tlris Island in Mer-
Court to grant him the island in Merrimacke Riuer y» lyes ag* his land, the grted to Jw
Court judgeth it meet to grant the petitioners request, i. e., the sajd island, °*^®'
prouided it be not already granted.

In ans' to the petition of Eljas Mauericke, the Court judgeth it meete to Eijas Mauenck
grant his request, & he is hereby dismist his ensignes place. ^Ig^^^ place, at

his request.

In pursuance of the order of the honored Generall Coui-t, October the Comitteesre-
11*, 1670, appointing vs vnderwritten a cofuittee to treat w"* M' Richard
Wharton concerning the matter proposed by him in his petition, viz., for the
making of salt by improoveing the advantage of the sea water by the sun, as in
other parts, wee, hauing mett w* & consulted the sajd M' Richard Wharton
thereabout, doe vpon the same conclude that there is so faire a probabillity for
the raysing of salt in that way, & rationall encouragement for persons to ad-
vance as adventurers therein, that the Generall Court, in giving countenance,
by their authority in granting a charter for empowring a company of adven-
turers thereunto, may doe a publicke service for the country ; the which wee
submitt to the judgment of the honoured Court. Feti 25, 1670.

JN° ALLEN,
TH° LAKE,
, JN° RICHARDS,
PETER LEDGET,
JN° LEUERET,
EDWARD TING,
TH° CLARKE.

The Court approoues of this returne, and doe order & impower the sajd Their power

gen'men subscribing it, who were the former comittee, to treat w**" M' Whar- ^^^^""^ >

ton about such articles of agreement as shall be necessary in this matter, &

present the same to be considered of by this Court, to be confirmed if they

see cause.

VOL. IV. PAKT n. 64



506



THE EECOEDS OP THE COLONY OF



1671.

' r -'

8 June.
Ans' to Fal-
mouth petition.

[*688.]

Courts resolu-
tion of the case
inter Da uy &
Boyse.



600 acres land
g'ted to Jn"
Leueret, Esq',
Dep' Gou.



In ans' to the petition of seuerall freemen of Falmouth, the Court
judgeth it meet to declare, that in relation to the persons to voatej &d, the law
directs ; as to the bounds of the touneship, it is refferred to the County Court
in those parts to consider & setle, the other pt of it being already ans"*.

*In ans"^ to the petition of M'' Humphrey Davy, atturney to sundry per-
sons, plaintiff, ag* Antipas Boys, or Capt W" Dauis, Tho Bratle, Jn° Joyliffe,
Jn° Rowe, & Edward Rawson, ouerseers, &(3, to the estate of Antipas Boyse,
deceased, in an action coming to this Court by dissent of bench & jury
at the Court of Asistants, the Court, hauing considered of what was pre-
sented, resolved, vpon the question, that the exception made by M' Humphrey
Davy to the acco'* of M'' Antipas Boys, referring to the case now depending
in this Court, are to be accepted & taken as deliuered w*''in the tjme con-
dicbned betweene the sajd Davy & Boyse, & the merrit of the case is to pro-
ceed to tryall. The Court resolved this question in the affirmative.

The Court, considering the labour & expences of the Deputy Goiino'',
Majo"^ Genii Jn" Leueret, Esq>, in seuerall journeys by him taken & performed,
by order of the Generall Court, for ^Y''^ no meet recompenc hath been made
to him, doe grant him five hundred acres of land in any free place.



1672.

— — Y — —

15 May.



Mt a Generall Court for Elections, held at Boston, 15"' day of

May, 1672.

RICHARD BELLINGHAM, Esq), was chosen Governo'^ for the yeare
ensuing, & tooke his oath in open Court.
John Leueret, Esq>, was chosen Dep' Governo"', in like manner, & tooke
his oath, & also Majo"^ Geiill, & 4 Comissio' in rese'^.



Symon Bradstreet,
Samuell Symonds,
Daniel Gookin,
Daniel Dennison,
Symon Willard,
Richard Russell, & Tres',
Thomas Danforth, &
W" Hathorne,
EHaz' Lusher,
John Pynchon,
Edw Tyng,
W'^ Stoughton,



& Comission'^ for y^ Vnited Colonyes.



[sefl oaths.
Esq's, were chosen Assistants, & tooke their
Comissioner for y'* Vnited Colony.
3 Cornissi'' in reserve.



THE MASSACHUSETTS BAY IN NEW ENGLAND.

M' Edward Rawson was chosen Secretary.

Capt George Corwin, M'^ Henry Bartholmew, Salem.

Capt Jn° Allyn, Capt Lawrenc Hamond, Charls Toun.

Capt Hope Foster, M" W°> Somner, Dorchesf.

Capt Tho Clarke, M"^ Anthony Stoddard, Boston.

M' "W""' Parkes, M' Jn° Peirpoint, Eoxbury.

Leif ? Rich Beers, "Water Tou.

M"^ Edw Cakes, Cap? Tho Prentice, Cambridg.

Leiut OlliQ Purchls, Lynn.

M' Georg Giddings, M'' Jn° Goodhue, Ipsuich.

M' Jn° Richards, Leiut Tho Clarke, Newbery.

Leif t Jn° Holbrooke, Weymouth.

Capt Josh Hubbard, Hingham.

Capt Timo "Wheeler, Concord.

Leiut Josh Fisher, Ensign Dan Fisher, Dedham.

Capt "W"^ Dauis, Springfeild.

Capt Xtoph'^ Hussey, Hampton.

M' Maximili Jewet, M"^ Rich Swann, Rouley.

Capt Rich Bracket, Braintrj.

Cap? Rich "Waldern, Left Peter Coffin, Douer.

M'' Humphey Davy, Capt Edw Hutchinson, Woohorne.

Capt Ri: Cutt, M'^ Rich Martyn, Portsmouth.

Leif i Georg Broune, Hauerill.

Capt Jn" "Wayte, Maiden.

Lef ? "W™ Clark, Northampton.

M'^ Peter Tilton, Ensi Hen Phillips, Hadley.

Capt Tho Savage, Andouer.

Cap? Charls Frost, Kittery.

M' "W™ Hascall, Glocester.

Capt Jn" Hull, Westfeild.

M'' Edw Rishworth, Yorke.

M' Ric Collicott, Saco.

M' Arthur Angur, Scarborow.

M'^ Tho Bratle, Lancast'.

Billii-rica, M'^ Hez: Vsher.

M' Nicho Broune, Redding.

Cap? Tho Louthrop, BeQly.

M' Tho Fiske, "Wenham.

Cap? Thomas Clarke was chosen Speaker for y» session.




508 THE RECORDS OP THE COLONY OF



167 2. *This Court, considering that as in many respects wee haue contjnewed

"" ^' ' reason to humble ourselues before the Lord, so more espetially at this tjme,

15 May.

r*ft8Q 1 ^°^ °^^y ^^ ^^^^ '^^ appeares to be a day of sore trouble & hazzard to the
Humiiia June P6°P^6 of God in generall, through the present portending coinotlons & com-
^^' binations amongst the nations in Europe, (Information whereof is come to vs,)

threatning no lesse then warr & blood, w"^ all those inumerable evills which
doe attend the same, but also in that our oune deare nation stands so particu-
larly involved, whose sufferings wee are deeply bound to reccon as our omie,
and, further, cannot but expect, that as wee are of the same nation, & many
wayes dependant thereon, so also must needs be sufferers with them, doe
judge meet to appoint the thirteenth day of June next to be kept by all the
Fast day. inhabitants of this colony as a publicque day of humilliation & prayer, that

our gracious God may be supplicated & intreated to saue our nation, to be a
hiding place to his people in the day of their distresse, & so dispose in his
soueraigne prouidence, that the present tumults of the nations may tend to
hasten the accomplishment of all his glorious promises, for the deliuerance of
his church & people from the anti Christian yoake, & for ourselues that he
will be pleased still to vochsafe his presence & blessing still w"' us, & vpon
the labours of his servants in the fruits of the earth this following yeare, and
the concernments of his people in all other respects.

Itt is ordered, that besides the publicke fast, the whole Generall Court
keepe a day of humiliation together, in the Court house, on the SS"" instant,



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 60 of 77)