Nathaniel Bradstreet Shurtleff.

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

. (page 61 of 77)
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 61 of 77)
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and that M' Whiting, Seii, M' Vrian Oakes, and M' Jn° Elliot, M' Tho Cob-
bet, M"^ John Oxenbridge, & M' Increase Mather carry on the worke of that
day by prayer & preaching, & that any of the elders haue liberty to be pres-
ent, if they desire it.

This Court, being desirous to prevent all dissattisfaction & inconvenien-
cjes that may arise in the trjall of civil cases in inferior Courts, sometimes
happening by reason of disagreement betweene the bench & jury, formerly
allowed by law, do order & enact, that henceforth in all County Courts, after
that the bench haue vsed all reasonable indeavours for clearing the case to the
jui-y, by declaring the lawe, & comparing the matter of fact, & damage
prooved therew"^, the virdict of the jury finally given shall be accepted, &
judgment accordingly entered ; and for like manner shall the proceeding be
in the Court of Asistants, vnless vpon apparent corruption or error in the jury
giving in their virdict contrary to law or evidence, the party cast shall in open
Court attaint the jury, & give sufficjent bond, & suretjes w^'in twelve howers
after the virdict is accepted, to psecute the sajd jury at the next Court of
Asistants in an account of attaint, in which case execution shall be respitted.


& the clarke of that Court shall surnon a jury of twenty fower able & dis- 16 72.
creet men, chosen as the lawe directs, to attend the service of the Court "^ "^
where the sajd action of attaint shall be tryed in the first place ; and if, on
tryall of the case, there shallbe found manifest error or mistake, the party
complayning shall be repaired his full dainage from the other party to the
originall sujte ; & if by the sajd jury of twenty fower there be found
bribery, conspiracy, or other corruption in the jury attainted, they shallbe
punished by fine or -imprisonment, proportionable to the degree of their
offence ; and if otherwise the twenty fower juro''s shall acquitt the former
juro's accused, they shallbe allowed double costs from the party accusing,
& their virdict & the judgment of the former Court shall stand good, &
execution shallbe issued forth accordingly ; and that clause in the law allow-
ing the magistrates not to concurr w* or refuse the virdict of the jury, is
hereby repealed.

For explanation of & addition to the law, title Suretjes, & goods Execution to

issue out ag*

attached where it is provided that suretjes, as well as principalis, shallbe suretjes.
responsible for one moneth to pay the debt, vnles he or they surrender
the principall into the hands of the marshall, or his deputy, but no way
provided in the sajd lawe how the suretjes may be compelled therevnto, it
is therefore ordered, & hereby declared, that in such case the party & sure-
tjes being called, & the bond declared forfeited vpon non appearance, the
case shall proceed to hearing & judgment at the same Court, as in case
of the defend"*^ non appearance vpon attachment of goods ; and if the case
be found^ for the plalntiffe, y' judgment be granted ag' him & his suretjes,
& execution to be issued out accordingly, & to be in force ag* y'= suretjes,
as well as the principall, for one moneth after judgment given, as y* sajd lawe

*The late president of the coUedge, who was appointed w"" others to [*690.]
licence such things as were to pass the presse, he being dead, the Court judg- ^' Oxenbridge

_ & M' Oakes

eth it necessary that a supply be made in that place, and for that end the added to M'
Court appoints M' John Oxenbridge & M' Vrrian Oakes as an addition to M'^s™pheard
those already appointed ; any two of whom agreeing in their approbation shall ^^ licensers for
be accounted a sufficyent licence for y^ presse.

This Court doeth order, that all the reccords of this Court and of the Order fortraii'

P T r ' -I Ml- 1* scribing tlie

council, from the first beginmg thereof, be lairely transcribed m a legible reccords.
hand, so as there maybe a faire coppy thereof beslds the originall, that in case
of fier or other accidents the country may not suffer so great a damage as the
losse of their records would be ; & the Tresurer & secretary are ordered to
procure the same to be donn tjmely, & on as reasonable termes as they can ; &



- — •< '

15 May.
Law phibitting
wine or licquors
to workmen.

Fines of soul-
diera to be
gathered by y«
clarks or to be
levyed on y^m-

Allowanc for

the comparers (who shall be appointed by this Court) shall, vpon their oathes,
declare the copie transcribed to be a true coppy.

Whereas there haue hinn sundiy & frequent complaints prefferred to this
Court of oppression by excessive wages of worke men & labourers, which,
notw"'standing the endeavours of this Court to redress such oppressions, con-
tinue, & further increase, by a dangerous imposition of such persons on those
they worke & labour for, by demanding an allowance of licquors or wine euery
day, ouer & aboue their wages, w^'out which it is found, by too sad expe-
rience, many refuse to worke. Now, forasmuch as such a practize of drincking
licquors & wine tends much to the rooting young persons in an evill practise, &
by degrees to trayne them vp to an habitt of excesse, it is therefore ordered by
this Court & by the authority thereof, & be it hereby enacted, that if any per-
son or persons, after the publication hereof, shall give wine or strong licquers
to any workmen or boyes that worke w"' them, except in cases of necessity,
shall pay twenty shillings for euery such offence.

This Court, taking into their serious consideration the weight & necessity
that Ijeth on them to see that all souldjers (especially at such a season as this)
should be fitted w"' armes, and well skild to vse them, and because the wel-
fare of each military troope & foot company both in their being provided w"" &
knowledge of their vse of armes lyeth very much in the clarke of each com-
panys lawfuU & faithfull observation & execution of his office, in the season-
able & due levying of such fines as are by lawe due for defects, the neglect
whereof, too sad experienc sheweth, hath donn very great hurt in many com-
panyes, for preventing such inconveniencje for the future, this Court doeth
order, that what fines shallbe due according to lawe from any souldier for
defect in either armes or traynings, w*''' the clarke or clarkes of the sajd troop
or company shall not levy & gather into his hands w*in one moneth after the
trayning day on w'''' the sajd defect is made, it shall be in the power of the
captaine or cheife officer of that troope or fibote company to send the marshall
or constable w"' an execution, & levy the sajd fines vpon the estate of any
such clarke or clarkes so defective, vnless the sajd clarke can make appeare to
the cap? that he or they haue binn hindered, either by sicknes or the absence
of the person delinquent, being out of toune ; & it is further ordered, that
the clarke or clarkes of euery millitary troope or company shall once in six
months render a particcular account to the capt or cheife officer of all such
fines as are levyed by the sajd clarke, that the same may be disposed of for
the good of the company, according to lawe.

This Court, considering our oune state as to ffortlffication, how that our
forts & artillery belonging to the country, both in this toune of Boston, Charls


Toune, Salem, & Marblehead, doe need much to repaire them, that they may 16 7 2.
be fitt for service, if God should call therevnto, doe therefore order, that each ''

of the tounes aboue mentioned shall be allowed what they are rated to the
country rate for this next yeare, for and towards the finishing & repayring the
seiierall forts there ; & that each of their rates be coinitted into the hands of
the coinittee of militia in each of the aforesajd tounes, by them speedily to be
improoved for the vse aboue sajd.

Whereas diuers souldiers, who by law are coinanded to attend military Souidiers neg-

..T .,1 , IT 1- lect »& con-

exercise vpon traymng dayes in the toune where they hue, not hauing any ^ i ^^^

vissible estate whereon, the clarke of the company vnto which they belong can Punished.

levy the fine due by lawe when they are delinquent, either in armes or trayn-

ings, & doe often neglect the duty in both *keeping armes & traynings, & doe [*691.]

therevpon carry it boldly & provoakingly to the clarke & other officers ; for

prevention whereof, it is ordered by this Court & the authority thereof, that

it shall be in the power of the coinission officers of each compa^, or such of

them as are present at the next traymng day after such offence is coinitted, to

punish such person offending, as aboue sajd, who hath not sattisfied the clarke

according to lawe, by any military punishment, according to the aggravation

of the crime, by either ryding the wooden horse, or by bilboes, or lying necke

& heeles, or acknowledgment at the head of the company, or any punishment

according to military discipljne, at the discretion of the coinission officer or

officers present ; and in case any such delinquent shall absent himself from

trayning two dayes together, that then it shallbe in the power of the cheife

officer, & they are hereby enjoyned by warrant, directed to the constable of

that toune, to convent such off'ender before him, & to proceed w"" him as in

this order is prouided, and all constables are hereby ordered to attend their

duty heerein.

Whereas, by the lawe made May, 1669, respecting booke debts, it is de- 3 ycares more
clared that all booke debts shall be cleared w*in three yeares, as is therein \,gg]^^ ^g^ts
expressed, after which time no booke debt shall be pleadeable in any Court,
vpon a generall complaint that the sajd law will prove to the reall detriment
of very many of our inhabitants, & the vtter vndoing of some, if a greater
noumber of yeares be not allowed to shutt vp accounts ; it is therefore or-
dered, & is hereby declared, that there shall be three yeares more added for
the advantage of debitors & creditors to issue their accounts, and that all
grounds of complaint in this kind may be remooued.

Whereas in the law, title Burglary, it is expressed, if any person shall Adition to
coinitt burglary by breaking open any dwelling house, it is ordered by this i'_
Court & the authority thereof, as an addition to that law, that if any person


shall breake vp any ware house, shop, mill, malt house, barne, or out house,

&6, any vessell on any shoare, or in any coue, creeke, or vpon the water,

such person so offending shall be punished as the law provides in case of

breaking vp dwelling houses.

Hydes at liber- Whereas the law, title Leather, in the latter end of the first section, doth

chast. restrajne all persons, except tanners to bargaine for or buy any hides of bull,

steere, oxe, cow, &d, being inconvenient, in regard they are many times given

in barter for shooes, the sajd clause in that lawe, by the authority of this Court,

is hereby repealed.

Order ^jhibbit- Whereas the lawes already made to prevent the transportation of the

T> countrys hydes of the growth of this colony doe not reach the end for want of a full

growes trans- j^j^^j ^^^ execution, this Court doth therefore authorize & appoint the freemen

portation out ^ ^

of y jurisdicon of euery seaport toune w*in this jurisdiction to choose a meet & suiBcjent

on penalty, &c.

person from among themselues yearly, to whom all persons shall repajre who
intend the transporting of any raw or ruffe hides, & shall make prooffe whence
such hydes so to be transported came, & that they are not of the groweth of
nor killed in this colonje, and shall take a noate from the person so authorized,
of the number of hides that he intends to transport, paying one penny to the
aboue sajd person for euery such hide. And it is hereby ordered, that no
person shall ship or transport any hides whatsoeuer out of this jurisdiction,
w"'out license from the persons authorized, vpon pcenalty of loosing of such
hides so shipped ; nor shall any master, purser, or any other person belonging
to any ship or vessell w"'in this colonje, receive on board any raw or ruffe
hides w^'out a noate or ticket from the person so appointed first appearing,
vpon the poenaltje of paying ten shillings for euery hide so shipped ; and
such person authorized as abouesajd shall haue power by himself, or whom
he shall appoint, to make search in any ship or caske wherein they suspect
any hides to be loaden, contrary to this order, & shall make seizure thereof,
and the pcenaltjes & forfeitures aboue mentioned shallbe the one third to the
seizor, one third to the country, and one third to the toune from whence such
hides are ship'. And it is further ordered, that the persons chosen as aboue
sajd shallbe sworne to a faithfuU discharge of their duty herein.
[*693.J *Whereas the Indians that border vpon the English tonnes w"^in this

Order to pre- jurisdiction doe frequently sell porke to the English, and there is ground to

Tentlndjans to °

steaie English- suspect that some of the Indians doe steale & sell the English mens swjne ;

mens swjnes, ^^^ there are sundry complaints of the English, especially in the inland plan-
tations, that they loose many swjne, and that they haue just reason to sus-
pect the Indians to haue stolne them, though it be very difficult to prooue
such thefts ; to prevent this, this Court doth order & enact, that all English


men doe henceforth marke tbeire swjne w"' some eare marko, or if they neg-
lect the same, it shall be reconed as the losse of theire propriety in them.
And it is further ordered, that no Indian w"'in this jurisdiction shall marke any
swjne vpon the eares, and that all Indians who bring porke vnto the English to
sell are required to to bring w"' them the swjnes eares whole ; otherwise, if the
eares be marked, it is in the liberty of any person to seaze vpon such porke ^

tendered to sell, and the same to be forfeited, the one halfe to the seazer, the
other halfe to the poore of the place where it is seazed, to be distributed by
the selectmen to them. And it is further ordered, that this law be forth with
printed, published, & declare to all the Indians w^'in this jurisdiction, in the
Indian language, that they may attend the same ; and this law to take place &
coinence eight months after publication heereof.

Whereas, by sad experience, it is too obvious to all our people & others Com-ts testi
that the sinn of whoredom & vncleanes growes amongst vs, notwithstanding ^^ prevent
all the wholesome lawes made for the punishing & suppressing such land de- t'^^'^'y' wtor-

domSj &o.

filing evills ; and whereas there is of late too just ground to suspect a greater
evill growing vpon us by the bold & audacious presumption of some to erect
a stew', whore house, or brothell house, for the nourishing such wickednes,
the encrease of which evil, if not tjmely prevented, may tend to the debauch-
ing multitudes of persons, & tend to the vtter ruine of their estates, soule &
body, it is therefore ordered by this Court & the authority thereof, that if any
person, male or female, shall presume to set vp or keepe any such house
wherein such wicked lusts may be nourished & whoredom coinitted, euery
such baud, whore, or vile person, vpon conviction of such offence or offences,
such baude, whore, or vile person shall be severely whipt at the carts tajle,
thro the streets where such offenc or offences hath binn coinitted, w'^ thirty
stripes, & thence to be coinitted to the house of correction, by the master
of the sajd house to be kept w*'^ hard fare & hard labour, by dayly taske, and
in defect of their duty, to be seuerely whipt euery night w"" ten stripes, and
once at least in euery weeke the sajd baud & hir accomplices in such vile &
sinfull courses, the baud to be their leader, & the other, two & two, in hajre
frocks & blew capps, by the executioner to be fastned to a hand cart, and forct
along to draw all the filth lajd vpon the cart thro the streets to the seaside,
going to the gallows in Suffolke, & In all other countjes where the Court of
each shire shall appoint, & so returned to the house of correction, to be alike
kept w'^ hard fare & labour, according to the custome of the house, during

, „ , ,1 . • Punishment

the Courts pleasure there to remajne. ^^^ rayiing or

"Whereas there is no express punishment (by any lawe hitherto estab- scolding by

gagging or

lished) afiixed to the evill practise of sundry persons by exhorbitancy of the ducking stoole



tongue in rayling & scolding, it is therefore ordered, that all such persons
convicted, before any Court or magistrate that hath propper cognizance of the
case, for rayling or scolding, shall be gagged or sett in a ducking stoole & dipt
ouer head & eares three times, in some convenient place of fresh or salt water,
as the Court or magistrate shall judge meete.
Coinittee to It is Ordered, that the former comittee (w*^ the secretary) formerly ap-

TJ^VSP & S6Ild

y kwes to the pointed to send out the lawes to the presse be heereby ordered to pervse the

presse. lawes now this Court made, and to make a praeface & table, & vs^hat els is

requisite, and send all out to be printed presently.

[*693.] *Itt is ordered, that the secretary, in the coiuission to be given, to our

Sect, to tran- comissioners for the Vnited Colonies, shall incert theire power to sign the arti-

scnbe y° arti- •' jr o

cies of confffid- cles of confosderation at their next meeting, as they are now agred vpon by
this Court, and shall alsoe give them a true copie thereof, fairely written in

CoiSitteeto M' Edward Tyng, M"" Anthony Stoddard, M"^ Henry Bartholmew, &

Cap? Joshua Hubbard are appointed a comittee to examine & take the Tres-
urers account, & to make returne thereof to the next session of this Coui-t.

take y" Tros's

Comittees re- Wee whose names are subscribed, being nominated and appointed

confederation ^Y ^he Generall Courts of the Massachusets & Connecticot respectively to

& Courts, al- jjigete & conferr concerning the reestablishment of the articles of confocder-
lowanc there-

of. ation betweene the colony' of y° Massachusets, Pljmouth, & Connecticott,

doe mutually agree to present the seuerall Generall Courts w* y^ following
proposall, i. e. : —

That the rule for proportioning men & raysing of moneys for the
defraying of such charges as may from tjme to tjme arise vpon any warr,
defenciue or offencive, bjegun & carried on according to the artickles of con-
fosderation, shall be as foUoweth, i. e. : —

The Massachusets, one hundred, 100

Plymouth, thirty, thirty

Connecticott, sixty, sixty

And this rule to continue for fiueteene yeares next coming after the be-
gining of the meeting of the comissioners to be held at Pljmouth in Septem-
ber next ; and then, if any one or more of the confoederates shall apprehend
the aboue sajd proportion to be vneequall, that matter shallbe againe consid-
ered by the comissioners, and what they shall agree vpon shallbe presented
to the seuerall Generall Courts for their acceptance & coniirmation.


And in all other respects, the articles of confoederation, as they were 167 2.
agreed by the comission" at Boston, June 2*, 1670, w"" the emendation
thereof by the Generall Court, held at Boston, October 17, 1670, to stand &
be confirmed.


15 May.

For y° Massachusets,
For Conecticott,


The Court allowes & approoves of this returne.

Courts resolu

Whither all revejVs are to be entered & prosecuted in that Court where tion of 3 ques-
the action was at first coinenced. The Court resolves this question on the , , *

^ 1. Ab' reveyu.

afiirmative. Print.

Whither, vpon an action of revejw, the costs of former Courts where the 2. Ab' costs.
action hath been tryed shall be granted to him for whom judgment is given.
The Court resolves y^ on y* negative.

Whither the lawe, title Possessions, intend the confirmation of land to 3. Whither
the possesso' where the grant of the sajd land was to another person, & y* cordi^ns toiawe
possesso' nothing to show for the alljenation thereof but his possession, ac- B'"^^ *'*^^-
cording to that lawe. The Court resolues this on the affirmative.

This Court, considering how many wayes the prouidence of God hath Order for a
mercifully appeared in the behalfe of his people in these parts since their ^1°"^" °^"''
coming into this wildernes, and vs of this colony in particcular, doe judge it our
duty to endeavour that a register or chronicle be made of the seuerall passages
of Gods prouidence, protecting of & saving from many eminent dangers, as
well in transportation as in our aboade heere, making provission beyond what
could in reason haue binn expected, & preventing our feares many a time,
that so our posterity & the generation that shall survive, taking a vejw of the
kindnes of God to their fathers, it may remajne as an obligation vpon them to
serve the Lord their God w*'' all their hearts & soules.

The Court, in order to the further prosecution thereof, doe order, that M' Hathome
Majo' Willjam Hathorne & Majo' Eliazer Lusher make dilligent inquiry in
the seuerall parts of this jurisdiction concerning any thing of moment that
haue past, and in particcular of what hath binn collected by M"^ John Win-
throp, Seii, M' Tho Dudley, M' John Wilson, Sen, Cap? Edw Johnson, or
any other, that so, matter being prepared, some meete person may be ap-
pointed by this Court to put the same into forme, that so, after pervsall of the
same, it may be put to presse.


167 2. *"Whither S., shipping goods vpon B., to be deliuered to E.., beyond the

^' sea, the sajd R. paying freight, and the sajd B., vpon his arrivall at the port,

15 May.

r*rai tendring the sajd goods to E., and the sajd R. refusing to media w''' the sajd
Resolution of goo'ls ^''^^ ^o pay freight, whither the sajd B. can recouer his freight for the
n, question as sajd goods of the sajd S., the sajd goods being left in a safe hand, by good ad-

to freight, &o. _ ,

To print. uice, by the sajd B., or whither the sajd B. ought not to haue sattisfied himself

for his freight out of the sajd goods, w"'out molesting the sajd S. This ques-
tion agreed upon to be put to the Generall Court for resolution by y^ Court of
Asistants last. This Court resolues it thus : That S. is not liable to pay freight
vnto B., but B. to sattisfy himself for the freight out of the goods.
"Woobom mil- Vpon a motion in behalf of Wooborne Company, it is ordered, that Left

John Carter be captaine, Willjam Johnson leftennant, & James Convers en-
signe to the foote company there.
Contributions The Magis* coinunicated the councils order for obteying contributions for

to T maniera» Harvard CoUedg to y= Court, who declare, it is ordered, that the ouerseers
of y ouerseers. pf ^}jg colledge shall manage the contributions giuen towards the reaedifying

Harvard Colledge, so that the end aymed at maybe attayned in all respects.
Hearing of It is declard by the Court that they will attend the hearing of any case

directions'^i/y ^^^^ ^^ Orderly depending & vnder the cognisance of this Court, provided that
patent he at- ^.j^g directions given by the patent for the determination & issue thereof be

tended. o J tr

Customs at It is ordered, that all the customes & imposts any wayes raysed or to be

isca iq« j-aysed in Piscataqua Ryuer, for goods landed there, or drawing wine & beare,
fication during Sid, be, by the oiScer appointed to collect the same, deliuered to the comittee

Courts pleas'.

of militia there, to carry an end & support the fortiffication there, till this

Court shall take further order.

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 61 of 77)