Nathaniel Bradstreet Shurtleff.

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

. (page 63 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 63 of 77)
Font size
QR-code for this ebook


the Court, considering the petitioners long serving of the country, doe grant
vnto him one hundred acres of land in that place desired, prouided it be free
land, & so in this Courts power to dispose off.

In ans' to the petition of Vashty Braddish, widdow, this Court, considering Ans' to Vashtj
the sad condition of the sajd Vashty Braddish, & hauing pervsed hir husbands -^^
will, who hath made hir sole execcutrix, & given all his lands & goods to be at
her dispose, & for asmuch as she is now reduced to great pouerty & misery, &
hir body very weake, & hir vr4erstanding debillitated, & there being a house &
lands at Cambridge, part of hir late husbands estate, & now at hir dispose by
the will, the rent whereof will not reach by farr to majnetejne hir, the premisses
considered, it is ordered by this Court, that Capt Thomas Sauage & M'^ Peter
Bracket shall & hereby are authorised & impoured to make sale of all or so
much of the sajd lands as shallbe necessary to mainteine the sajd widdow dur-
ing hir life, & keepe an acco' of what is disbursed, & tender it to the County
Court of Suffolke or Midlesex when called therevnto ; prouided alwayes, that
the children of the late Robert Bradish haue the first tender of the sale of the
sd land, that if they desire to purchase it, & make suiteable pay for releife of
the sajd widdow.

In ans' to the petition of Francis & John "Wyman, the Court, by their Ans' to "Wy-
comittee, finding that the last order of this Court about setling the bounds be- ™™^ ^^ "^°"'
tweene "Wooborne & Billirrica, dated 12 October, 1669, by various interpre-
tations put vpon it, makes the case difficult, & that it was donne in the absenc
of the "Wymans, (who were concerned much therein,) and finding no better
way for quietting of all partjes concerned therein, that they may hue in peace
& loue, & for preventing future trouble to the Court, then to sett a certeine
rate vpon Jn° & Francis Wymans farme for so much thereof as lyes in Billir-
rica, (as the bounds by that order are setled,) in consideration *whereof, the [*700.1
Court orders it to be thirty eight shillings p annum for country, toune, &
church rates ; & for that part of this farme that lyes in Wooborne what the



526 THE RECORDS OF THE COLONY OP

167 2. sajd Francis & John Wymans are rated there for all rates, the halfe thereof

"^ '' ' shall be pajd to Billirrica by the sajd Wymans, & the other halfe to Wooborne,

according to the former order of Court & agreement for setling their bounds ;

and for what they haue binn rated by the toune of Billirrica for the years

1671, the Wymans shall pay what is behind vnpaid thereof.

Ans'to Peter In ans"" to the petition of Peter CoflFyn, the Court judgeth it meete to im-

Coffins peti- . ^^ « -r

tioa. power our honoured Dep'^ GoQ, Richard Russell, Es^, & Capt Lawrence

Hamond a coinittee to treat w"' & audit the account mentioned in his petition,
& make their report to this Court how they find it, that so this Court may
determine his just sattisfaction.
Ans' to JrL» In ans' to the petition of John Smith, of Charls Toune, humbly desiring

jTgjj' '' ^ to allow & confirme of a deed of sale to him made by Monopoad, Moshonpa,
Matomoag, Sevat, Symon, & Neamia, Indians, for debt long since due to him,
the Court sees no cause to grant the petitioners request.
Ans'toRouley In ans"^ to the petition of Maximillian Jewet & Richard Swann, deputjes

gjjjj for Rouley, humbly desiring that whereas there is a village apperteyning to

Rouley in w'^'' are a considerable noumber of souldiers, who are desirous that
they may continue vnder the excercise & coinand of the military officers in
Rouley, to whom they propperly belong, so to order & appoint that there they
may attend their comands, & doe y' service w"'' God & the country requires
of them in the millitary affaires in Rouley, &<3, the Court judgeth it meet to
graunt their request.
Ans' to John In answer to the peticon of John Prescott, the Court, receiving good in-

ti'^n "^100^ ^^ '" foi'i'"3'tion that y" peticoner is „ auntient planter, & hath binn a vsefuU, helpfull,
& publicque spirited man, doing many good offices for the country, relating to
the road to Connecticott, marking trees, directing passengers, &<5, and that the
land petitioned for being but about one hundred & seven acres, & lying not
convenient for any other plantation, & only accomodable for the -petitioner,
the Court judgeth it meet to confirme y* Indian sale, & grant made to him
by James Joiser, an Indian, & to his heires.
Ans'to Edw. In ans' to the petition of Left Edward Heys, the Court judgeth by what

is declared by the petitioner, & the euidences by him produced, that he is ex-
ceedingly wronged ; first, in that execution granted against him for forty two
pounds nine shillings, vnto Walter Barefoot, for a debt due from one Henry
Berkley, the proceedings therevpon appeares to be illegall ; & in that case the
petitioner may proceed in the comon lawe against the officer or procurer of the
sajd execution. For the other case, concerning a judgment, pretended to be
acknowledged by Edward Heyes at a Court at Saco, vpon a pretended bill
due to Walter Barefoot from Edward Heyes, but the sajd Heyes vtterly




THE MASSACHUSETTS BAY IN NEW ENGLAND. 527

denying any debt owing by him to Barefoot, -which also seemes to be demon-
strated by an account made betweene Heyes & Barefoot in the presence of
Nicholas Shapley & Abraham Corbett, dated long since the date of the pre-
tended bill, that Barefoot was indebted to Heyes ; also the sajd Heyes vtterly
denyeSj & offered to giue his oath for it, that he was neuer at Saco in his life,
& that he neuer acknouledged the pretended judgmt vnto Walter Barefoot,
part whereof is attested by Nicholas Shapley. In this case the Court doe order
the suspending the levying any execution vpon the sajd judgment granted
against Heyes, vntill Walter Barefoot shall remoove this obstruction at some

«

County Court, to be held in Yorkshire, by obteyning their order for levying
the sajd execution against the sajd Heyes.

In answer to the peticon of John Clough, John Tapping, & seuerall Ans' to y hat-
others, hatters, the Court judgeth it meet to declare, that when the hatters
shall make as good hats & sell them as cheape as are afFoorded from other
parts, they shall be willing & ready to answer their peticon.

*In ans"^ to the petition of Richard Foxwell & Richard Comings, the [*701.]
Court judgeth it meete to grant the petitioners request, & referr the hearing of '*-"^' '" ■^"^'^•
the case to the County Court of Yorkshire next, who are hereby impoured to Rich. Cominga
call all partjes concerned before them, & to heare all pleas, retourning to this
Court what they finde just & sequall therein, that so this Court may deter-
mine the same.

In ans' to the petition of John Vsher, the Court judgeth it meete to Ans' to John
order, & be it by this Court ordered & enacted, that no printer shall print -^^
any more coppies then are agreed & pajd for by the ouner of the sajd
coppie or coppies, nor shall he nor any other reprint or make sale of any
of the same, w"'out the sajd owners consent, vpon the forfeiture and pcenalty
of treble the whole charges of printing, & paper, &d, of the whole q^uantity
payd for by the ouner of the coppie, to the sajd ouner or his assignes.

In ans'^ to the petition of seuerall the inhabitants of Scarborough, the Ans' to Scar-
Court judgeth it not meete to grant their requests therein mentioned. g°""^ ^^ '

In ans' to the petition 'of Willjam Broune in relation to sattisfaction for Ans' to W"
moneys lajd out by M™ Ann Harvey for the incouragment & promoting of ^Iqq^^J." '
this gouerment, the Court judgeth it meet to grant the peticoner, Willjam granted to him.
Broune, three hundred acres of land where it is to be found, not hindering a
plantation, as full sattisfaction to his demands.

In ans' to the petition of Majo' Bryan Pendleton, humbly desiring that Ans' to M'
he may be sattisfied for what he expended in taking & sending doune Cap? ac™'s &°p!ti-
Bonython, an acco' whereof is annext to his petition, the Court allowes of this *^°"-
account, & orders the Tresurer of the country to dischardge it.



528 THE RECOEDS OF THE COLONY OF

16 7 2. In ans' to the peticbn of seuerall inhabitants of Concord, the Court

^~ ^ "' judgeth it meet to refer the consideration thereof to the County Court of

15 May.

, _ Midlesex, who are hereby ffully empowred to make a finall issue thereof, as

cord peticon. in their wisdome they shall see meete.

Addams farme The plat of land of John Addams, being one hundred acres, granted by

Stevens.^ ^^ *^® Generall Court to W" Stevens, October 11"', 1665, as it was lajd out by

David Fiske, surveyo'', was brought into the Court, & is on file, lying at

Weshecum, nere the south side of that pond, and is bounded from A to B 170

rods ; runeth from B to C forty six rods ; & from C to D ninety two rods ; &

from D to E fiuety three rods ; from E to F thirty five rods ; from F to G

one hundred & seven rods ; from G to H seveuty two rods ; from H to A

fiuety rods. The Court allowes of this returne, so as the land be not already

granted.

Ans' to inhab- In ans'" to the petition of seuerall inhabitants of Concord & Sudbury, the

cord & Sud- Court doeth order & impouer the honored Dep*y GoQ, Jn" Leueret, Es^,

bury petition Maio' Svmon Willard, Cap! Prentice, & Leiut Beers, as a comittee, to order

to preTent

damage by ofl- & determine whateuer may be judged by them necessary for the end desired,
meadowes. ^he chardgs to be borne by the partjes concerned, the power of acting & con-
cluding to be in any three of them, the Dep'y Gouerno'' being one.
Joncks propo- In ans"^ to the humble proposall of Joseph Jencks, Sen, for y" making of

T^.f^ "'°"^'' money, &6, the Court judgeth it meet not to grant his request.
Ans' to Hat- In ans' to the petition of the select men of Hatfeild for the setling the

pe 1 ion. Qgyj-^g gj-ants betweene them & Dedham, it is ordered, that Leiut W™ Clarke,
Left Samuell Smith, & M' Peter Tylton shall & hereby ^ nominated & ap-
pointed to to setle the grants in the petition mentioned, at the charge of the
petitioners, & that they make their returne to the next session of Court.
[*702.J *In answer to the peticon of M"^ John Wisewall, guardian to John NichoUs,

Ans' to John the Court judgeth it meet that he be dismissed from his guardianship, pro-

"Wiswalls peti-
con. uided that he, with the sajd Nicholls, doe procure some able person in his

roome, who is willing to accept thereof, & shallbe approoved by the County

Court of Suffolke.
Ans' to Joshua In ans"^ to the petition of Joshua Atwater & George Farley, the Court

,, Y- ^ ♦■ declares, that on the petitioners ]-eturning John Eussells to prison, the peti-
2on- coners bonds shall be discharged.

Ans' to inhab- In ans'' to the peticon of seuerall the inhabitants of Northampton

' ™ ° , '& other tounes, the Court iudgeth it meet to declare their readines to

ampton x. ' j o

other tounes grant the petitioners & theire associats a convenient CLUantity of land at

as to a village

at Squakeage, Squakeage for a village, prouided there be twenty able & honest persons,
householders, doe appeare, (such as this Court shall approue of,) that shall




THE MASSACHUSETTS BAY IN NEW ENGLAND. 529

give In their names to Majo' Pynchon, to be presented to the, next Generall
Court, ■with ingagement, vnder their hands, that they will setle vpon the place
not less then twenty familjes within eighteene months after the grant, & will
then also appoint the quantity of the land for that end, & also appoint a comit-
tee to order that affaire; prouided alwayes, that the persons that ingage to
erect this village take due care to prouide for & majnteyne the preaching of
the word & ordinances of God amongst them. And it is ordered, that there
be a farnie of three hundred acres of land reserved for the country in such a
fitt & convenient place in that village as the coinittee of this Court, that shallbe
appointed, & for that affaire, shall choose & sett out ; and if the peticoners, in
the interim, shall purchase the Indian title to these lands, it shallbe the coun-
trys, except they doe performe the conditions of the grant.

In ans"^ to the petition of Thomas Haukins, the Court judgeth it not Courts ans' on

5'" negative to

meete to grant his request. Xho. Hawkins

In ans'' to the peticon of Walter Barefoot, the Court judgeth it not meet P^*"'""-

Idem ans^ to

to graunt his request. Walter Bare-

In Ens'" to the petition of Thomas Norman, the Court sees no cause to °° ^''^ ' '""'

■^ Ans' to Iho.

make any abatement of the petitioners fine. Norman peti-

Vppon the motion of the gent", M' John Allyn & M' Wayte Winthrop, ^.^^^^^ conces-
comissionated from the Generall Court of Connecticot to treate about the line siontoConnec-

ticott as to in-

betweene vs & them, & setling their bounds, although our south Ijne hath iarg»« of Wind
binn stated & setled many yeares since, yet, to shew our readines to an amica-
ble & loving complyance w"" them touching that affaire, and in order to the
accomodating their auntient toune of "Windsor, whose bounds, as they say, are
to much streightned, & some mens proprietjes prejudiced by our south Ijne
bordering so neare vpon the sajd tounes of Windsor & Symsbuiy, this Court
doe therefore grant to Connecticot that the bounds of Windsor may come
northward into our Ijne to the foote of the falls in Connecticot Eiuer aboue
Windsor, & so much vp the riuer into the falls there as to state & setle the
bounds betweene us forty rodds below the ffoote of the great island against the
falls in Connecticot Riuer ; and that from thence a Ijne be runne from the
great Eiuer Connecticot fower miles east, & then to runn south to our Ijne al-
ready runne & setled many yeares since ; and for the west side of Connecticot
Ryuer, also, that, at forty rod below the ffoote of the island aforesajd, the Ijne
to runn & continue from the great river aforesajd tenn miles west, & then to
runne south to our Ijne where it was runne last yeare by Majo' Pynchon, *at [*703.]
the appointment of this Court ; and in this concession of ours wee declare no
former grants by this Court to particcular persons shall be prejudiced, & that
there shallbe free liberty of tjmber for the vse of the sawmill on Stony Eiuer,

VOL. IV. PART II. 67




530 THE RECOEDS OF THE COLONY OF

neere these bounds, our Ijne ; and in case of the Generall Court of Connec-
tiotts non acceptance of this our neighborly & amicable consideration, this
concession & condiscention shall by no person or persons, way or meanes, what-
soeuer, be any wayes construed to the least q^uestion or prejudice of our indu-
bitate right in our Ijne for aboue thirty yeares since runne & setled ; and on
# their acceptance hereof, that the sajd grant & concession be runn by Majo'

Pynchon, or his order, giuing notice to the gent° of Connecticot to order some
of theires to joyne w"' him therein, & that this be donn before winter ; and
that there be once in three yeares a runing the same & keeping vp the
marks & bounds thereof by some of the next tounes adjoyning or bordering
on the same.
Ans' to Salis- In ans' to the petition of the inhabitants of Salisbury, as also that of M"^

& Georffe Carr. Grcorge Can's, it is ordered, that Deare Island & Eagle Island, petitioned
for as to the propriety remajne the counti-ys, the timber & trees to be for
Georg Carr for the vse of the bridg, till this Court take further order ; the
herbage of them, w"^ liberty to cutt doune brush & vnderwood to make
pasture for sheepe, to be to & for the vse of the sajd toune of Salisbury.
Ans' to Ports- In ans"" to the motion of the deputjes of Portsmouth, the Court judgeth

motion ^^ Kieete to order, that the bounds betweene Portsmouth & Hampton, as to

their touneships, be determined & setled, & that M"^ Eljas Stileman, John Gil-
man, of Exiter, & ]\t Samuel Dalton attend this service, and make returne of
what they shall determine to this Court ; and this Court declai-es, they shallbe
willing to grant to Portsmouth land for a village when they shall declare to
this Court the place where they desire it.
Cap' Clark & It is Ordered, that Cap? Thomas Clarke, Cap? W™ Dauis shall & hereby

ap auis g^^.g Jnipowered to sue, sub foinna pauperis, as administrato''s to the estate of
pauperis as to the late Vallentine Hill in all Courts for three yeares next cominsr.
Comittee'ab' Whereas there is a bill passed this Court for the receiving the verdicts of

chancery. {Jig juiyes in the Courts of each county & Courts of Asistauts, as in the sajd
bill more ffully appeares, & because some cases may require further help then
the coiiion lawe by jury can affoord, and this Court being solicitous that right-
eousnes & justice may be duely dispensed vnto all the people of this jurisdic-
tion, & the season of the yeare now calling the members of this Court vnto
their particcular occasions, so that they cannot well continew longer together
at this time to finish a worke of so great concernment, w* ought to be done
w"' so good consideration, this Court doe therefore order & impower the hon-
oured John Leueret, Es^, Dep' GoQ, Thomas Danforth, & W" Staughton,
Es^s, Cap? W™ Dauis, & M' John Richards a coinittee to drawe vp some
suiteable order for the ends aboue exprest, & to present the same to the next




THE MASSACHUSETTS BAY IN NEW ENGLAND.

session of this Court, and that the Dep'^ GoQno'^ to appoint time & place of
meeting, and they may send for such to advise as they shall see cause.

Itt is ordered, that the secretary write a letter to seuerall petitioners to „ ^^ .^^
the eastward, & signify to them that the Courts occasions not permitting at t" y° eastward
present, they resolue at next sitting to consider thereof.

Wee, whose names here vnder written, being ordered by this honored tyne betweene
Com-t, in the yeare 1670, to finde out the pattent lyne from Accord Pond to Massachusets.
Bound Brooke, at Connihasset, neere to Martha Garretts house, and see it well ^'■°™ Accord

Pond to Bound

and sufEcjently marked ; accordingly wee attended that service November, in Brooke,
the yeare 1670, and found the Ijae stated formerly at Accord Pond & Bound
Brooke, by this colony & Pljmouth colony comissioners. "Wee runn that Ijne,
after *much difficulty, to finde out what poinct it runne vpon, by reason of bad- [*704.J
nes of the land to travaile vpon, in regard of the many swamps and thicke
beachy land, and wee found the point it runn vpon from a black oake at Accord
Pond to the other station at Bounde Brooke, where we raysed a heape of stones
to be north east &' by east, which Ijne wee caused to be sufficjently marked,
by marking trees, setting the surveyors marke vpon them, and setting vp stakes
and casting stones about them, and the extent of the Ijne betweene the two sta-
tions wee found to be fine mile & forty rods. This returne wee make vnto the
honored Generall Court, 1672, as wittnes our hands.

JOSHUA HUBBAED,
JOSHUA PISHEE.

Pljmouth comissioners, being acq^uainted w"" the tjme and place to meet
all, for the performance of the aboue mentioned service, did not meete for
the performance, did not meete w"" us about the worke, but speaking w* one
of them in the doing the worke, viz'. Cornet Studson, he told vs they should
concurr w"" what wee did, but were not willing to be at charge about it.

JOSHUA HOBAET,
JOSHUA FISHER.

The Court approoves of this returne.



532



THE RECOEDS OF THE COLONY OP



Es$s



167 2. *Att the second Sessions of the Generall Court of Elections, held at
^ Boston, 8'* of October, 1672, on their Adjournment.

8 October. 'J » ' J

t*'^^^-3 Present, Rich Bellingham, Es^, GoQ,

Jn° Leueret, Es^, Dep' GoQ.
Symon Bradstreet,
Samuell Symonds,
Daniel Gookin,
Daniel Dennison,
Symon "Willard,
Richard Russell,
Thomas Danforth,
W™ Hathorne,
Eliazer Lusher,
John Pynchon,
Edward Tyng,
W™ Statighton.

Capt Tho Clarke was chosen Speaker for & by y^ deputjes assembled this
sessions.

ITT is ordered, & by the authority of this Court enacted, that all strangers
coming into this country shall & may henceforth haue liberty to sue
one another in any Courts of this colony that haue propper cognizance of such
cases, and that any inhabitant may be sued by any strangers who are on
imediate imploy by nauigation, marriner, or merchant in any of our Courts,
the sajd strangers giving security to the clerke of the writts, to respond all
extraordinary damages the sajd inhabitants shall sustejne by being sued out
of the county to which he belongs, in case the strainger shall not obtejne
judgment against such inhabitant so sued ; and the law, title Special Courts,
is hereby repealled, & made voyd, any law, custome or vsage to the contrary
notw^standing.

Itt is ordered, that in the lawe referring to brothell houses, after the
words ' to the sea side, going to the gallowes ' be incerted ' in Suffolke and
all other countjes where the Court of each shire shall appoint, & so returne
to the house of correction,' &5.

Whereas it appeares, on pervsall of the returne of the comittee appointed
to auditt the Tresurers account, that there is due to the country, in the hands
of Capt John Peirce, in England, one hundred forty & fower pounds ten shil-



8 October.



THE MASSACHUSETTS BAY IN NEW ENGLAND. 533

lings, -w* this Court judgeth it meet to call in, & for that end the Treasurer, 167 2.
w* the aforesajd comittee, are hereby desired & empowered, by the first op-
pertunity, to send for the fore sajd sumes for the vse of the country, and
whereas there is moneys due to the successors of M' John Winthrop, long
since deceased, it is therefore ordered by this Court, that the Treasurer forth-
with dischardge the sajd debt, and make payment of the same to whom it
shall be due, that so the country may be at no further charge refferring there-
vnto, by paying of interest. •

*It is ordered by this Court & authority thereof, that in all countys where [*70G.]
there is but one magistrate, there any one of the associates for that County Court, One magistr'

& one associate

joyning with the magistrate, any act by them don shall henceforth be accounted power to act,
legally valid, and is hereby allowed, to all intents and purposes, as if don by ' •

two magistrates ; and in those countyes where there is no magistrate, any one
invested w'*" magistratticall power, with two associates, haue like power coinit-
ted to them to act as any two magistrates, as aboue.

The Court, being informed that some part of the countrys pouder is not so Coiuittce about

V^ C01lTltl"VS

conveniently disposed of as it ought to be, judge meete that some further care store of pou-
be taken thereof, & for that end desire our present honoured Dep'y GoQ, to- '^^'■•
gether w*'' the survjving surveyors, take some speedy course concerning the same.

Whereas peeces of eight are of more value to carry out of the country Pcocdr of eigbt

.,,.,,.. , 1 J- » to pass accord-

then they wdl yeild to mint into our coyne, by reason Avhereot peeces ot j^^ ^^ weight,

eight which might else come to coyning are carrjed out of the country, it is '^''•
therefore ordered by this Court & the authority thereof, that all peeces of
eight that are full weight & good siluer, that is, sixe shillings of New England
money, of Mexico, sivil & pillar, & so all lesser peeces of each sort, shall
passe in this jurisdiction as current as our oune money peeces of eight, at sixe
shilKngs a peece, & all lesser peeces proportionably therevnto, provided that all
such peeces that shall passe in this jurisdiction haue a stampe affix' vpon them,
w"^"^ shallbe MI, to euidence that are of right allay & due weight ; & that M'
John Hull «& M' Eobert Sanderson, or either of them, be the persons for the
tryall & stamping of such money, & that thereby fower pence vpon the pound



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 63 of 77)