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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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 62 of 77)
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Sam. Symonds, In ans"^ to the motion & request of the deputjes of the county of Yorke,

Courts"iu^^^ Samuell Symonds, Es^, is appointed & impowred to keepe the Courts in
Yorks. Yorkshire for this yeare now coming ; also, —

Cap'Waldeme Capt Richard Walderne is apointed & impowered to keepe Courts in the

to eep ourts (,Q,^jj(.y ^f Yorkshire w"^ the rest of the associates there, & is also invested

w"^ magistratticall power for that county of York for the yeare ensuing.
M' Hathorn to Majo"" Willjam Hathorne is appointed to keepe the County Courts in Nor-

keepe Courts f^^j^g ^^j. ^j^j^ j.g_

in Norfolke. •'

M' Samuell In ans"' to the motion of the deputy of Hampton, M' Samuel Dalton is

ry^in°Harap'-"' E^ppoi^ted & impowred to solemnize marriage of persons (one of whom is resi-
ton, adm" dgut {n y' toune) being published according to lawe, and to administer oathes

oaths, &c.

to wittnesses as cases may require, & also coinissionated to be an associate in
y* County Courts, as the last yeare.


In ans' to the desire of the inhabitants of Hauerill, Cap? Nathaniel Sal- 16 7 2.
tonstall is appointed & impowred to marry persons duely published, & one of "^ '^ '
them resident in y' toune : also to administer oathes to wittnesses there. „ , „ ,^

Itt is ordered by tlris Court, that tlie kings maj'^"* declaration sent to vs, stalls comis-

sion, &c.

against the States Generall of the Vnited Provinces, be published by the Declaration ao-i
marshall senerall in the three vsuall places in Boston, by sound of trumpett. y Dutch pub-

° _ ^ ^ ^ lished, 28 May,

In ans"^ to a motion made in bchalfe of the toune of liingham. Cap? 72.
Joshua Hubbard is appointed & impowred to marry persons duely published '^''f' ^"l''^'"''^^

•' '■ •* -^ conussioii.

■u'here one of them be resident in that toune, & to administer oathes to witt-
nesses there.

On a motion made in behalfe of North Hampton & Hadley, M"" Henry M' iicn. Clark
Clarke for Hadley, & Leiut Willjam Clarke for Northampton, are appointed ciarks comis-
& impowred to administer oathes to wittnesses in ciuil & criminal! cases in the ^^"" '" adm'tcr


limitts of theire oune tonnes.

■' Joseph Gardi-

Itt is ordered, that Joseph Gardiner be leftennant to the foote company ner lef of foot

- , _ T ^ -JT7- 1 T> • • CI 1 compa. at Sa-

vnder tire comand 01 Walter i rice, captame, at cialem. lgni_

M' Thomas Daniel is allowed & appointed to be left to Capt Robert Thomas Daniel

lef to troop

Pikes troope. horse.

*In ans'' to the humble desire & rec[uest of ir Pransis Neale, the Court [*695.]
judgeth it just & reasonable that the depositions taken before any coinissloner o™erab'Fran-
before the sajd coinissioners were put doune by the alteration of government,
in Yorkshire, shallbe good in lawe, and accepted in any Court for the defence
of the sajd Francis Neale, touching any accusations made against him. And it
is further ordered, that M"^ Richard Collicott and M' Joshua Scottow, or either
of them, shall & hereby are coiSlssloned & impowred, by this Court & the
authority thereof, to administer oathes to any person or persons in the case of
the sajd Neale, & for his just & necessary defence concerning any present-
ments or accusations lajd or made against the sajd Neale in the County Court
or Courts of Associates in Yorkshire, or in any other Courts Av'-'in this juris-

In ans'^ to the motion of the deputy for Beverly, the Court judgeth it A ban-ell of
meet to grant the inhabitants of Beverly one barrell of ponder out of what is 'Beueriy.
or shall be taken by Marble Head of the shipps, they rendering a just account
of their expence thereof.

In pursuance of the order of the honoured Generall Court, May 31, South ijne
1671, for the runing of the south Ijne of our patent further west from Con-
necticott Eyver, I went from Sprlngfeild to Windsor the 31"' day of October,
1671, having M' James Taylor with me for the artist, besides the rest of the


company, w"'^ I had gott ready the day before. "Wee came to the house of
John Bissall, against the old ferry place in Connecticott Eyver, at or about
the higher end of Windsor toune, where Nathaniell Woodward & Solomon
SafFery, the former artists, left off, and there wee begunn, w"*" was about halfe
a mile from the ryver, & vpon the rising of the hill ouer the way on the west
side of John Bissalls house. We sett our compasse, & then measured directly
west one mile, & at the miles end marked a red oake tree, east & west, w"'
the surveyo'"s marke, 0, & then sett on ion & Y. Past on ; went ouer a fence,
came to the riueret, viz*, Windsor Riueret ; ran through a litle meadow ;
marked seuerall trees in the range before, & some at the meadow, & one
where a brooke runns into the riueret, & another tree by the riueret side, &
then on the other side that riuer. Past on from the first mile tree, marked as
aboue, one mile more, where, for our seccond mile tree, wee marked a great
white oake in the line, n^i. °' °'"'°"'"' . Past on, still marking seuerall trees

•I ' I P M 2 for two BiileB ' o

in the Ijne, & set on 0, the surveyors marke ; & at one mile further came
to a pjne tree in the Ijne ; marked it as before, ic7i, m 3 ,■ went on, inarking
seuerall trees in the Ijne w* the surveyors marke, 0, east & west ; came to a
pond, which the Ijne crossed, being fiuety rod ouer, & going on further for
one mile more, came to a great pine tree, w"*" stood neere a rod & a halfe out
of the Ijne, & therefore marked it neere the foote of it, & on the north side
of it, x67i,M.i. Passed on, marking seuerall trees in the Ijne w*'^ O; came
to a small white oake by a litle swampe or brooke, being one mile further, &
marked it as before, on the north side, it being halfe a rod to the south of
the Ijne, len, m s. Passed on west, marking seuerall trees in the range, came
to the east side of a hill, one mile further, & there, vpon the assent of the
hill, marked a smale red oake in the line, icri, m 6. Passed on ouer the
hills, marking seuerall trees in the Ijne, & on the west side of the mounteyne,
being another mile, marked a black oake in the Ijne, ig7i, m t. Passed on
doune the hill, marking seuerall trees in the Ijne ; mett againe w"" the ryver,
viz', Windsor Riueret, hauing gon halfe a mile from the former mile tree.
Passed ouer the riuer halfe a mile further, riuer & all, crossing the riuer
againe in a boat, & hauing passed some meadow, ascended the top of a hill by
the riuer side, & there marked a black oake, mi, °' ^""^ "*' . Past on,
marking seuerall trees in the Ijne w"^ the surveyor's marke, & one mile further
[*69^.] came to a pine tree in the Ijne ; marked it, I'rJi, m9. *Going on still west, mark-
ing trees in the Ijne as before, came one mile further, to a black oake, &
marked it as before, for tenn miles, i67i, m lo. Passed on, marking trees
and ouer a Uttle swampe, and at the head of a spruce swampe, being one
mile further, marked a red oake, as before, ion, n miie. Passed on ouer a

- Y

15 May.


Bwampy marsh; came to a great mounteyne ; went^-p the mountajne ahout 1672.
a mile, raysed a heape of stones there ; called it "Walnut Tree Mountejne, and
there marked a forked leaning red oake tree, ■which we marked on the north
side of that forke w'^^ goes to the north, i v, & the east side of this north
forke wee marked iJri'Mis- Here wee ended our worke on the S'^ of Novem-
ber, 1671, night coming on, & nothing appearing further westward but moun-
tajnous land as farr as could be scene.


The Court doe allow & approove of this returne, & orders it to be recorded, Returnc of y
and that Majo'' Pynchon haue the thanks of this Court given him for his great ^.g.
pajnes therein, and that the artist, M' James Taylor, be desired to make a
plat of what he hath donne in parchment, protracting the Ijne formerly draune
by Nathaniel Woodward & Solomon Saffery therew'^all, giving his oath there-
vpon, & returning it to this Court to be kept on file.

It being left to Capt Thomas Clarke by the Gen Court, May, 1671, to Eeturne of the
order & lay out our east Ijne, made his returne by George Munjoy, whom he ^j '

ordered to doe it, and was : S"", I rec'^ your order, w"' the Generall Courts order
inclosed, for the running the east Ijne. I haue attended the same as speedily
as I could after the instrument came, M"^ Wiswall accompanying me. From
Clawboard Island, the place „ M"^ Jonas Clarke & M'' Samuell Andrews obser-
vation, due east takes in about one mile & three quarters aboue New Dam-
erells Coue, and along a litle aboue Capt Paddishalls house in Kennibecke, w"'
Capenawagen, Damerells Coue, Monhegen, Muntinicas, & Muntenock, w***
some part of Pemequid, & most of S' Georges Island, & so runneth out into
the sea, & no more land east vntill wee come to Cape Sables ; this I haue
observed by a lardge quadrant, w"' the approbation of M'' Wisewall, who is
well skilled in the mathematticks, and is to my best skill & judgment due east
from the aboue sajd island. If the honoured Court were pleased to goe twenty
minitts more northerly in Merrimack Riuer, it would take in all the inhabit-
ants & places east along, & they see^e much to desire it. If it be needful!
I should take an oath, I shallbe in the fall at Boston, or els that I might take
it at the County Court at Yorke, or to give any more playner description of it,
I shall readily attend to serve the country in it & yow, & remayne.

Your servant to coiiiand,


Falmouth, G"- 2 in, 1672.


The Court, hauing read tins returne, doe allow & appi-oove thereof, and
order, that the sajd M'Munjoy draw vp a platt thereof in parchment, & make
returne of the same to this Court at their next sitting, taking his oath to the
trueth thereof.

Ans'toyin- In ans"^ to the petition of the inhabitants of the Isle of Shoales, humbly

Isle of Shoales desiring the Courts favour. First. That such coniissioners who are appointed
petition. ^Q ^j.yg g^j-^^ determine cases amongst vs may haue power, as formerly, to end

actions to the value of ten pounds, prouided one person or more from the

mayne doe sitt & joyne w'*" them.

2. That such dues of gunpowder of such shipping as first anchor in our
roade may he here received & improoued for prouision for our safety, who are
exposed to all dangers or foreigne attempts.

3. That, whereas these islands are at present divided & lye in two coun-
tjes, the inhabitants of those two islands, which belong at present to Yorkshire,
fynding, by dayly experience, the great inconvenience arising thereby, as that
they ai'e Ijable to great trouble & damage in being remooved farr from their
busines, when called to attend vpon Courts of civil judicature farr from their
homes, w*'^ diuers other reasons w* might be alleadged, doe humbly request
that they maybe adjoyned vnto the same county vnto which Starr Island

The Court judgeth it meete to grant this peticSn, prouided that by ships,
sec 2*, be vndei-stood such ships as load & anchor there, & haue not pajd
their dutys in some other place for the vse of the country, and that Peeter
Tuisden & John Fales receive the same for the vse of the country.

[*697.] *Wee, whose names are vnder written, being ordered by the Generall

Bounds be- Court to setle the bounds betweene the toune of Glocester & the toune of

tweene Gloces-

t' & Manches- Manchester, in obedjence to that order, hauing mett at the toune of Glocester
vpon the nineteenth day of September, one thousand sixe hundred seventy
& one, and hauing dilligently pervsed all such papers as was presented to us,
and likewise heard what was to be sajd on both partjes, haue determined as
followeth, that is to say, for the bounds of Glocester : Wee haue rtmne a
Ijne vpon a west south west course from Glocester meeting house fewer miles,
and there marked a pine tree, where is the bounds at that place betweene the
sajd tounes ; and from thence vpon a streight Ijne to a white oake which M"^
Joseph Gardiner formerly sett for the bounds ; and from thence to another
white oake tree at the coming in of a litle creeke at the east end of a beach.



and Manchester to end at the white oake which is by the sajd beach ; and from 1 6 7 2t
the aboue said tree Glocester to keepe the fower miles vntill they meete w'^ *

ipswicn Ijne.


The Court approoves of this returne.

The Court, hauing pervsed the returne of the messengers of the churches Councils re-
chosen by order of the last Generall Court to inspect the differences in the ^ ^^^^
church at Newbery, & to offer their best advice, according to the word of God,
for the composure & healing, & to make returne of what they shall finde & doe
in this matter vnto this Court or council of the comon-wealth, and vpon due

consideration thereof, judge meet to declare their approbation of the same, and & Courts ap-
desire it may be attended to accordingly by all persons respectively concerned, thereof.

the particculars whereof are as foUoweth : —

1. Concerning M' Woodman & his company, wee doe judge their actings
in w^drawing from the rest of the church to sett vp meetings amongst them-
selues in the name of the church, & to cut the power of the church in admon-
ishing and suspending their reuerend pastor, & choosing elders, appointing a
time of ordination, although they be the major parte of the brethren, & not-
w*standing offences & provocations given them, we cannot but beare due
wittnes against as a violation of church order in the gospell, & vsuj-pation
vpon the libertjes of their bretheren ; for although the whole church agreeing
may censure an officer for grosse & scandelous evills in doctrine or conversa-
tion impenitently persisted in, according to Col: 4, 17 ; Ro: 16, 17, as is
alleadged in the platforme of discipline ; yet, in a divided state of the church,
for the majo' pte, & that by but a very few, & that in a matter doubtfull &
disputeable, to act as is aforesajd, is a matter of great disorder, & scandelous,
& contrary to 1 Thes: 5, 13 ; 1 Cor: 5, 4 ; 1 Cor: 13, 4 ; Gall: 5, 13, & the
alleadged by themselues, & therefore is a nuUitje.

2. Concerning the act of the reuerend pastor, & those w"' him, in sus-
pending M' Woodman & the brethren w* him, notw"'standing the offence
given them, yet to passe such an act or censure suddainly, & thereby increas-
ing the rent, & occasioning greater divissions, & themselues being the minor
parte of the church, & not seeking other healing meanes, or taking councell,
is irregular & null. 1 Cor. 14, 40 ; 2 Cor. 13, 10.

Thus farr wee haue in faithfuUnes declared our judgments concerning
offences & faylings each party are guilty of Some other things that are more



15 May.

167 2. dubious in tlie agetations before us, wee shall only give our advice about, to
""' "^ avoyd vnnecessary disputes about them for the future.

1. Whereas our Lord Jesus Christ hath given libertje of voteing in all
their oune concernes to the whole church, it necessarily followes that the
judgment of the whole church should be clearely manifested ; & forasmuch
as the Scripture mentioneth lifting up of hands, Acts 14, 23, wee judge that
the most cleare way, & rather to be chosen, & that a sufEcient nomber should
appeare to discouer a major pte, the rest being silent.

2. "Wee advise M"^ Woodman, according to the 4* comandment, to attend
dilligently on the publick worship of God on the Lords dayes, avoyding of-
fence & ill example in the contrary so farr as his bodily infirmitjes will suffer
him so to doe.

3. In refference to Reuerend M"^ Woodbridge, we advise & intreat, that
whereas the peace & sediffication of the church of Christ is much promoted
by, & depends vpon, the amicable close of spirit & vnited judgment betweene
the officer & brethren, the speaker & hearers, the enemy being vigilant to
take all advantages to hinder the gracious opperation of the holy word of God
in the publick ministry thereof; & whereas there doeth appeare not only some
hsesitations, but distanc in judgment in refference to discipljne, & of affections,
& some ouer provoking words passed in publicke in our hearing, wee desire,

r*698.1 request, & advise M'' Woodbridge not to impose *himselfe or his ministry
(howeuer otherwise desirable) vpon this church, but that they haue the liberty
that Jgsus Chi'ist gospell rule & approoved church order doeth allow them to
choose their oune minister, that all obstruction to sediffication & ground to
temptation maybe remooued, as was intimated was the minde of the former
council, but to wayt to see the minde of God in the issue of the reconcilliation
of the church, if God shall guide their hearts to closing w"' him.

4. Wee advise hereafter eclesiasticall offences be not too suddainely
brought to civil Courts, w^'out first consulting w"" churches, being contrary,
as wee judg, to 1 Cor. 5: 6, 7.

5. Considering the great age & weaknes of Reuerend M"^ Parker, &
thereby his vnfittnes to manage church discipline, wee advise it as very suitea-
ble & seasonable to this churchs case, to chuse a ruling elder or two, prouided
they be w^'out just offence to either partje for the healing this great breach &
offences that haue brought so much dishono"^ to God & the proffession of the
gospel], & binn so destructiue to the sediffication of this church & the people
of this plantation. Wee doe aduise & most seriously exhort in the name of our
Lord Jesus Christ vnto these dutjes, which the Lord requires of this church
in such a case, —


15 May.


1. That this church be sincerely & deeply humbled before the Lord as 16 7 2.
for their diuissionSj distances, & want of loue in generall ; so also in particcular
for such faylings & evills as wee haue before mentioned, & that according to
the nature & scandelousnes of the evills any of them haue fallen into, then

that euery one may know & acknouledge the plague of theire oune heart be-
fore the Lord, according to the rules of Christ, Math. 18, 3 ; Eev. 3, 5.
Repent & doe thy first workes, & as God shall open their hearts, shall confess
to one another, according to James 5, 16.

2. Wee doe advise & exhort, after due humiliation, there be a mutuall,
hearty, & free forgiveness of each other according to the rules of Christ : If
thy brother repent, forgive him euen to seventy times seven. Math. 18, 22 ;
Col. 3, 13, forbearing one another as God for Christs sake forgave yow. Math.
18, 35.

3. Wee advise & exhort that this repentance may be manifested by all
such acts of reformation & loue as is suiteable to the grace of true repentance.
Math. 3, 8 ; bring forth fruits meete for repentance, & that heereafter the whole
church walke according to y^ rule of faith, loue, & the order of the gospell,
wherevnto yow lately had a seasonable exhortation, that so peace & mercy
maybe vpon yow, w**" the whole Israeli of God.

The Court further ordered the ensuing letter to be written to -f church
of Newbery, w'='' was, & sent.

Eeuerend & beloued in our & your Lord —

By these wee signify to yow, that wee haue received the returne of the Courts letter to


twelue messengers of churches, elders, & brethren, of their travaile & paynes church,
w"" you, in pursuance of their churches call upon our desire vpon the reading
& considering of their result, wee haue passed our approbation of the counsell
therein given vnto you, as suiteable to your case, which wee remitt to yow w*
these ; & although wee might enjoyne you, yet for loue sake wee beseech
you, & euery one of you, as yow are concerned therein, pastor & people,
preacher & hearers, howeuer before divided, that yow joyntly attend the coun-
sell so given vnto yow, that wee may say of you, that tho for some time yow
haue been vnproffittable each to other, yet now yow are become proffittable
againe as in former tjmes, & that the churches of our Lord Jesus that haue
been sadned by your divissions & contentions may haue cause to rejoice in &
before the Lord on your behalfe, and the name of the Lord that hath been dis-
honoured may be honoured by your mutuall putting forth such acts of faith &
repentance as may reach to the recouering of yo"^ peace w*"^ the Lord, & one w"*

15 May.


another, that so you may be found in the more excellent "way of charity, mani
festing yourselues vnto all men that yow are Christs disciples, by loving one
another. Our just expectation is, that yow delay not in this greate concerne,
but that yow apply euery one in your respectiue places vnto the furtherance
thereof. Should there be a failure in yow or any of yow therein, (which the
Lord forbid,) yow may not thinke but wee shallbe necessitated to advise what
further course is to be taken according to God, that contentions may be re-
mooved, & peace restored among you, thus praying that yow may haue hearts
opened & bowed to the will of God in his word. Wee comend you to the Lord
& the word of his grace.

By the Court. EDW: RAWSON, Secre*,

& was directed to the Eeuerend Thomas Parker, pastor of y° church of X* in
Neubery, to be comunicated to the church there.

Courts grant of In ans"^ to the petition of Francis Addams, wife to James Addams, &

Francis Ad- daughter to y* late W™ Vassall, the Court judgeth it meete to grant the peti-
dams. tioner a hundred & fifty acres of land in any free place where it may be


[ 699.] *Lajd out to George Smith two hundred acres of land in the wilderness,

n,T^ ^"f*/ on the north™ side of Merrimacke Riuer, about 3 or 4 miles beyond the

200 acres lajd •'

out- riuer, in the way as yow goe to Jeremiah Hills, & on the west side of Beuer

Brooke, at the head of the long pond, & partly bounded by the sajd pond at
the south angle, it being at a great white oake neere the sajd pond; & from
thence it runns three degrees and a halfe northward of the northeast one hun-
dred & eighty poles vnto a remarkeable white oake, (it being a naturall mor-
tice made through the midle of the tree ;) from thence it runns twelue degrees
northward of the west two hundred twenty & six pole ; and againe from the
first white oake it runs west & by north one hundred & eighty pole, & from
thence it runns twenty seven degrees eastward of the north one hundred &
sixty six pole, w* closeth the worke ; it Ijeth in fashion of a ramboyce.
Lajd out the ll'" 3 &, 1672.

The Court approoves of this returne, so it lye not w*Mn any former graunt.

Ans' to Gar- lu ans"" to the petition of Edward Garfeild & Johanna Garfeild, his wife,

feilds petition. ^-^^ Court, by their comittee, hauing heard the allegations & euidences on both

sides, doe judge that the corne presented by Hugh Clarke be deliuered &


received, and a discharge given for the same, and for what is or shallbe due 16 7 2.
for tjme to come ; the pay & spetia to be made as in the first bond or deed. ^'

15 May.

In ans' to the petition of Elisabeth Jackson, y' relict widdow of M' j^^^, ^^ -gjj^

Richard Broune, humbly desiring j" favo' of this Court to confirme such sales Jackson peti-
as she shallbe necessitated to make of lands for hir releife, &d, the Court

judgeth it not meet to grant hir request.

In ans' to the petition of Leif? Dauid Wilton, the Court doe grant the Ans'to Dauid

peticbner his request, & discharge him of the office of leif ? to the troope in y^j^ ^ j^^ ^f

Hampshire ; and to the other part, referring to his desire of confirmation of ""'' hundred


his mortgage fro the Indian sachem Checkwall & Paquahlant, for debt, &d,

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 62 of 77)