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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pajd for the rest, one fowerth thereof to the officer, & the rest to the country

Whereas peeces of eight, weighing sixe shillings, are ordered to passe for
sixe shillings, & ordered to be stamped, &6, according to the sajd law, ref-
ferenc thereto being had ; and for asmuch as few or no peeces of eight are of
that weight, & so the intent of good to the country therein will be disap-
pointed ; as an addition to the sajd lawe, be it ordered & enacted by this Court
& the authority thereof, that peeces- of eight vnder the weight of sixe shil-


1 G 7 2. lings shall likewise be passable for so much of New England money as they

'' " shall weigh, and that it be impressed vpon the stampe how much each peece

doth weighj in legible figures w* the other letters on j' same, & of the same


No rate to is- The Court, vnderstanding that there is & will be a sufficjent supply in

yeare *^^ treasury to answer the occasions of the country, arising from incombes

due for wines, licquovs, peltry, &S, judge meet to order, that no countiy rate

be collected for this present yeare.

20 of Novem- The dealings of God w* his people in this wildernes this yeare past must

er a ay o needs be acknowledsred to be mixed w"^ mercies & loving kindnes, as well

tnanksgiumg. '^ j o ^

as afflictions & trjalls. And although in the latter respect it may be thought
there is more cause of humilliation then thanksgiving, yett wee hope there
are none so vngratefuU or forgetful! of Gods benefitts, w* he was pleased
gratiously to shew in heareing & answering our prajers the last summer,
when, by reason of the great drouth, most of the fruits & product of the earth
did languish, & were in danger to be consumed ; but the Lord sent sweete &
moderate showers of rajne, & continued them for such a season that some
fruites of the earth that were in a manner vtterly destroyed were in great
measure restored even to wonderment. The consideration of this extensiue
mercy, together w"^ the Lords gracious continuing of our publick peace, lib-
erty, & the ghospell doth minister just cause vnto this Court to appoint the
twentjeth of aSTovember next to be kept as a publick day of thanksgiving
throughout this jurisdiction, to blesse & prayse the Lord for his mercy ; and
to this end doe heereby comend it vnto all the churches, pastours, teachers,
ministers, & people w*in this gouernment, solemnly & seriously to keepe the
same accordingly, w"" due preparation & suiteable affection.
[*707.] *And for asmuch as wee haue warrant & example in the word of God,

24 December Nehemjah 8: 1, 10, compared w* Nehemiah 9: 1, that although a day of
miiiiation. thanksgiving was kept by the people of God vpon the first day of the seventh
moneth, yet this hindered not but that on the 24"^ day of the same moneth a
day of solemne fasting & pray'' was kept by the same people for humbling
their soules & lying in sackloth before the Lord ; and whereas there is great
cause of humilljation found amongst vs, not only in respect of the grouth &
increase of sinn, as ignorance, pride, sensualjty, security, worldly mindednes,
contention & striffe continued, perpetrated, & fomented in some societys,
civil & sacred, vnsubduednes to Gods order in familjes, churches, & comon-
wealth, w'^ diuers other sinns too numerous here to mention, but likewise in
respect of the frounes of God towards many in vnvsuall sicknesses & deseases
the latter part of this summer, which still continues in some places, whereby


many pretious & ysefall persons haue been remooved by deatb ; also the vn- 167 2.
seasonable rajnes in the late hay harvest, whereby many haue susteyned con- '

_ 8 October

slderable damage ; & m speciall wee are bound to haue a fellow feeling of
& sympathy with the churches of God in Europe, & in peculjar in our deare
natiue country, at such a qme wherein the Prottestant nations are involued in
warr, & wherein our oune nation is greatly concerned, that in all these cases
wee may lye in the dust before the Lord, & yet looke vp to him by earnest sup-
plication & prajer, in the name of Christ, for mercy, as the matter doeth re-
quire ; — these things considered, this Court doeth finde just cause to sett
apart & appoint the 24th day of December next to be kept through all this
jurisdiction as a day of solemne humiliation & prayer, and doe comend it to
all the churches, pastours, teachers, ministers, & people w^in this govern"',
w"" due preparation & affection to keepe y* same accordingly.

The Court, hauing duely considered of the motion in refference to allow- 150" p' amim
ance to be given to the maintenance of a proesident at the coUedge, & the president of
setlement of what may give due encouragement to that worke, doe judge meet ^^"^^""1 <^"^
& order, that there be allowed one hundred & fifty pounds p aiium, to be pajd
in money by the country Treasurer out of such revenues as are payd in money
into the treasury, provided Doctor Hoare be the man for a supply of that
place, nowe vacant, & that he accept thereof, and that when this order of
one hundred & fifty pounds p aiiu takes place, the former order of one
hundred a yeare setled vpon the prsesident, in the printed law, be made voyd,
& that this allowance be continued vntill the Generall Court or ouerseers
shall finde some other way for the making it good, and that the annuall
allowanc be payd quarterly.

Whereas, bj' the good hand of God, there hath bin erected & continued Harvard Col-
a coUedge in Cambridge, in the county of Midlesex, called by the name of ■p^.^^^^t & fjei.
Harvard CoUedge, and that, by an instrument or charter, dated the 31"^ of low&tr. one

body corporat.

May, in the yeare 1650, the president & ffellows thereof were established to

be one body corporate by the authority of this Court ; and wheareas seuerall

gifts & donations haue bin made, & are still making, by many well devoted

persons, inhabitants of this country, as also strangers, for the maintenance of

the governours & government thereof, and for all the accoinodations of the

schollars thereof in books, buildings, lectures, schollarships, and all other

necessary & fitting provissions that may conduce to the education of English

«& Indian youths there residing in all good litterature & godlynes ; now, for

the perpettuation & further advancement of so good a worke, and for the bet- j^^^^^^^^

ter incouragement of all persons therein concerned, or to be concern'd, itt is Hoare, D' in

/. 1 T T XT phisick, p'sent

ordered & enacted by this Court & the authority thereof, that Leonard Hoare, pra:sident.


167 2. doctor in phisicke, be the present prsesident of sajd Harvard Colledge, M'
'' ' Samuell Danforth, iFellow of the sajd colledge, M"^ Vrjan Oakes, pastor of the

8 October.

[*"()R 1 church of Cambridge, *M' Thomas Shephard, teacher of the church of Charls
Piesid' & ffei- Tomie, M' Joseph Broune, & M'^ John Eichardson, masters of art, be the
lows m^djat ffellowes, & M'^ John Richards the tresurer of the said coUedare & corporation

goan'ofsajd _ _ J o Jr ^

coiiedg, & for the tjme being ; and that the praesident, ifellowes, & tresurer of the sajd
pe'ttuaii sue- Colledge, or the fFellows alone when there is no prsesident established, & their
cossiou. successors, from tjme to tjme, be the ifiiediate governors thereof, and shall, in

name & fact, for euer hereafter, be one body poUitick & corporate in lawe, to
all intents & purposes, & shall haue perpettuall succession, hauing power &
authority, by these presents, procuring a meeting of the ouerseers, & by their
Their power to counsell & Consent, to elect successours into the place of any one or more of
place any in them which shall be (by death or remooval) made vacant. Bee it also heereby
case, &c. authorized & enacted, that the sajd corporation, & their successors, shall haue

the power of constituting, and againe, at their pleasure, remooving, all inferiour
officers to the sajd society apperteyning, & all the next & intermediate gou-
ernm' of euery member of the sajd society, according to such orders & lawes, as
are or shallbe established by the sajd corporation, the ouerseers of the sajd col-
ledge allowing, or not contradicting, the sajd lawes vpon notice of them given to
Their power to them at their next meeting ; and also, the sajd corporation, & their successors, may


lands, & to w' purchase & acquire to themselues, or take & receive, vpon free gift, any lands,
\:iue,as to re- tennements, haereditaments, annuitys, services, goods, moneys, or other emolu-
ments whatsoeuer, or from whomsoeuer, and (observing streightly the will of
the donor's) dispose of the same to the vse & behooffe of the sajd colledge, or
any members thereof; and that the preesident may warne a generall meeting
of the sajd corporation for debating any of the affajres aiforesajd.
FrEcsid' to haue In all which cases the conclusion shall be made by the majo' part present,

a casting ,.,,,.

Toyce. the prsesident hauing a casting voyce ; and that the sajd corporation, w"" their

distinct tresurer, (if any such be chosen,) by the name of the preesident, ffel-

They may sue, lowes, & tresurer of Harvard Colledge, may sue & plead, or be sued or im-

implead, c&be.

sued & im- pleaded, m all Courts and places of judicature w^'in this jurisdiction of the

o/our Courts^ Massachusets colony, to all intents & purposes, in law and w* effect, as may any

*^- private person or body incorporate, only the estate to the corporation belonging,

& not that which belongs propper to any member of the sajd corporation, being

liable to such impladments ; also, that the sajd corporation, or any three of

them, the pi-sesident being one, in all crimes by the lawes of this country pun-

Their power to ishable by one magistrate, shall haue the ffuU power of sconsing, fineing, or

scone & fine, _ .

&c. otherwise correcting all inferiour officers or members to the sajd society be-

longing, as the lawes of the country provide in such cases, or the lawes of the


coUedge not repugnant vnto them ; and for that end any of the sajd corpora- 167 2.
tion shall and heereby haue power personally, w"^ such ayde of the society as ' ^ '
they shall thinke meete, taking the constable along w"" them, to enter into any ™ . ° ° ^""'^

o J J Ineir power to

houses licenced for publicke enterteynment where thev shall be informed, or search after of-

, . . ~ . . 11. " fenders.

may be suspitious, of any enormitjes to be plotting or actmg by any members constables &
of their society ; and all constables, & all other inferiour civil officers in that °^^^'^ """^ °^'

_ ficers to ayd &

place, are heereby authorised & comanded to be readily ayding & asisting to asistthem.
them, or any of them, in the premisses ; neither shall any person or persons N° f^^"!!"^ ex-

■' -"^ ■■■ peld to abide

legally expelled the coUedge abide aboue ten dayes in the touneship of Cam- ''''°"e lo days
bridge, vnless their parents Hue in the sajd touneship. cept. '

And be it also ordered & enacted by this Court & the authority thereof, All their lands,
that all the lands, tennements, heredittaments, or anuities w*''in this iurisdic- ^^^'y^- *^' *"

•' ■' value of 500"

tion to the sajd corporation apperteyning, not exceeding the value of fiue hun- P' a""™ ex-
dred pounds p anum, shall be henceforth freed from all ordinary civil impo- tolls, customs,
sitions, taxes, & rates ; and all goods to the sajd corporation, or to any schoUars * «^^'^^' <=^-
thereof, apperteyning, shallbe exempt from all manner of toll, customes, & ofwarr.
excise whatsoeuer, except in cases of warr or extraordinary exigences of the

. *And moreouer, that the sajd praesident, ffellowes, & schoUars, together [*709.]
w"' their maeniall seruants & other necessary officers, (not exceeding the num- Preesident, fel-
ber of ten,) shall be vtterly exempted from all personall & ciuil offices, mil- niali servants,
itary excercises, watchings, & wardings, or the like publick services : and the "°* ^^'^^^ ™^

•' J o ^ a ' r 10, exempt

personall estates of the sajd corporation & their officers (not exceeding one ^'^°™ "^'^'■^'^ of-
fices, military
hundred pounds a man) shallbe also freed from the like country taxes foreuer. excerc, veatch-

AU & euery of which premises wee doe ordeyne & enact to be fully established y^^^Lrs'onall

for lawe, any law, grant, or vsage to the contrary in any wise notw*''standing. estates, not ex-
ceed 100'' a
In ans' to a proposall made by D"^ Hoare, preesid' of the coUedge, for man, freed

the better repaire necessary to be donne to his lodging, by addition of a taxes'^™" "^^

kitchen, &d, & making of fences for orchards & gardens, meet for such a place

& society, it is by this Court comitted to the care & prudence of the sajd

doctor to effect what yet is necessary to be donn therein ; and the sajd doctor

is ordered to take of the moneys now to be brought in for the resedifying the

buildings of the sajd colledge, and to take of such materialls as shallbe

brought to the place, not exceeding three hundred pounds, taking the specie

as it will arise in proportion one w*"^ another by the order of the coinittee

appointed to see the worke carried an end.

In answer to the petition of John Wampas aljas White, Pyam Buckow, Answer to Vn»

and Anthony Tra, Indjans, the Court judgeth it meet to order, and doe hereby Pampas &

Pyam Buckow

apoint Capl Daniel Gookin, Leiftennant Willjam Clarke, & Lef? Samuel peticou.





9 October.

11: Ans' to
Beverly mo-

Smith a comittee to make inquiry into the true state of the matter conteyned
therein, & what hath bin improoved '• either by English or Indians, w"^ the
contents thereof, (the peticoners being at the charge of the comittee,) making
their returne of what they finde to the next Generall Court.

In ans"^ to the motion of Cap? Thomas Lawthrop, deputy for Beverly,
& in their behalf, the Court judgeth it meet to remit that their rate as they

LeP Peeter
Coffyns acco*

lOftu due to

him to be p*


230 or 40 acc'3

of vpland &

meadow gr^ed


Wee, the subscribers, being appointed by the hono^'d Generall Court,
May 15"^, 1672, to examine & state Leiftennt Peeter Coffyns account relating
to the masts contracted for w"^ him, anno 1666, by a comittee appointed for
that end, which masts were sent a present to his majesty anno 1668, having
examined the same, doe finde one hundred pounds due to him from the
country, besides his oune care & paynes in procuring the sajd masts, which he
leaving to the pleasure of the Generall Court, wee doe present to considera-
tion the allowing him two hundred acres of vpland, and about thirty or forty
acres of meadow, where he can finde it not yet layd out, which wee suppose
he may well deserue, & will be no less sattisfying to him. Dated in Charls
Toune, June 11^ 1672.


The Court approoves of this returne, and orders the Tresurer of the
country to make him, the sajd Peter Coffyn, sattisfaction accordingly, and the
land desired is granted vnto him.

Ans. to Fox-
well & Com-
ings peticon.

Ans' to Thom-
as Bratle, &c,

In ans'' to the petition of Richard Collecot, in behalfe of Richard Fox-
well and Richard Comings, the Court judgeth it meete to referr the petic8ners
to a tryall at the next County Court in Yorkshire.

In ans'' to the peticon of Thomas Bratle, Thomas Shepheard, Richard
Wharton, & Samuel Broadstreet, humbly desiring that the former order of
this Court in the yeare 1656, in relation to Thomas Coytmores ^ might be
revised, the Court judgeth it not meet to grant their request.

M'Days land By virtue of a grant of the honored Generall Court, there is lajd out for

M'Boaidman. ^"^ Boardman, of Cambridg, one hundred & seventy acres of vpland &

meadow, and is scittuate about seven miles northward from Lancaster, & neere

to a place by the Indians called Mashapauge, & is bounded vpon all sides by

11 Octoter.


free land, the Ijnes being extant by marked trees. At A is a smale pine, nere 167 2.
to the brooke ; at B is a white oake, and at C a white oake ; at D a maple, &
at E a spruce tree ; from A towards E the brooke is y« bounds, till a streight
Ijne from A to E crosse the brooke, & then it runs in the side of the meadow
to the spruce tree at E; the corner trees and some others in the Ijnes are
marked w* the letter B. -

The Court allowes of this returne.

*In the case now depending betweene John Willjams, plaintifFe, against [*710.]
Theoder Atkinson, Sen, defend', in an action of revejw at a Court of Asist- Courts judg-
ants held at Boston September 5*, 1671, coming to this Courts cognizance, w^-cTseag'
by disagreement of bench & jury at the sajd Court, the Court, on a full hear- •*-*'°^'"^-
ing of the case, with what was alleadged by both partyes, & pervsall of the
euidences produced in the case, doe finde for the plaintifFe all that was taken
away from him, by virtue of a judgment of Court, of two hundred & seven-
teen pounds sixteen shillings & three pence by the sajd Atkinson, defendant,
or in defect thereof the full some of three hundred & fifty pounds in money,
& costs of Courts tenn pounds eleven shillings & fower pence.

M'' George Munjoy presenting a bill of costs, by him expended by order of 6" 10" costs lajd
Capt Thomas Clarke, by order of the Generall Court, in May last, amounting to out ^■^^^ Hng ^t
the sume of sixe pounds tenne shillinsrs, the Court accepts & allowes thereof, & ''* eastward ai-

^ ° ' ^ ' lowed to M'

orders the Tresurer to make payment thereof, and for what is due to M"^ Munjoy, Munjoy.
that it be deferrd till the worke be finisht, according to the order in May Court.

In the case now depending betweene Peter Lidget, of Boston, merchant, Judgm* in
& atturney vnto Thomas BuUocke, gent, & Mary, his wife, both of Shipham, ^^^ checklv!
in the county of Norfolke, in England, & Peter Golding, of Boston, aforesajd,
sub atturney to the sajd Lidget in the case, plaintiffs, & John Cheeckley, of
Boston, cooper, defend', coming to this Courts cognizance by disagreement of
bench & jury at the Court of Asistants in September, 1671, the Court, on a
hearing of the case, & pervsall of the euidences therein, doe finde for the
plaintiff eighty five pounds eighteene shillings & sixe penc, in lawfuU money of
England, or in defect thereof to pay one hundred pounds in New England siluei-,
I & costs of Courts fower pounds sixteene shillings & sixpenc, and that the sajd
atturney, vpon receite thereof, give in sufficjent security to the defend', that in
case he, the sajd defendant, can or shall at any time w'^n two yeares next
after the date hereof, proove the payment of the aforesajd suine, or any part
thereof, that then he shall make repayment of what shall so appeare to be pajd,
w"^ all just dainages.


167 2. The Court, considering of the motion made by the ourseers of the col-

ledg, for the grattefying M"" Alexander Nowells execcuto's, & the fellowes of
the colledg, & others, since the death of the praesident, for theire extraordi-
qijiteyffeiiow nary paynes, doe order, that the hundred pounds p aiium payd formerly to M'
CouJdg'M' Chancy be continued & payd to the coUedge till the hundred & fifty pounds p
Chancys sons, ^-^^^ granted to D"^ Hoare, as praesident, vpon his acceptance thereof, shall

& M' Oakes

&c, out of r take place and beginn ; the sajd hundred pounds p aiimn to be disposed off
lOOip-anum. ^^^^^.^j-^^ ^^ ^^^^ discretion of the ouerseers of the colledg for M-^ Chancjes

sons, & the motions aforesajd w* consideration of M' Gates, his paynes, as

they shall see meete.
Susanna Mar- In ans"^ to the humble petioon of Susanna Martyn, the Court judgeth it

^''^e-u'hfr ac-° Kieete to grant hii- hir request, viz', liberty to revejw hir former action, & sue
tion at Saiis- ^t Salisbury Court sub forma pauperis.

AnJ'to°Jos'eph ^^ ^^s" t° ^^ petition of Joseph Braddish, in behalfe of his sisters &

Braddish peti- brother, as well as himself, the Court, by their coinittee, having heard & con-

Con, y" lands to i r r • •

be sold accord- sidered what the petiooner cann say in refferanc to the contents of the petition,

OTder" ^°""" (those gen'° who were betrusted in behalfe of the widdow being present,) doe

judge that all due respects ought to be had to the will of the deceased, who

seemes to haue a tender respect to the mother & children, one as well as the

other, yet preferring, as duty bindeth, the mothers necessary supply before the

children, therfore the widdow having to hir oune vse the whole estate of

mooveables, if not already spent, doe order, that the remainder, in houses &

lands, (the annual rent not being considerable for hir maintenance,) that sale

thereof be made, according to the former order of the Court, by the gen*"

therein betrusted w*"" the mannagement thereof, & that the one halfe of the

price of the whole be disposed to the releife of the widdow, & the remainder

to be divided among the children, according to their fathers will.

[*711.] *The Deputjes in Generall Court having formerly voted the printing of

M' Oxenbndge ^^ Reuerend M"^ Jn° Oxenbridge his sermon preached formrly on the day of

liberty to print . .

his sermon in election, vpou the earnest desire of divers members of the Court, as well
as others, which being by many renewed in their desires thereof, it is
by this Court ordered, he haue liberty, if he see cause, for the same ac-

Sept. 20, 1672. The Generall Court, May 15, 1672, vpon the petition of the toune of

Tr''f™M°' "^ Hatfeild, in Hampshire, for the setlement of theire bounds granted by the

bounds. Generall Court, and being to be, by the grant of the sajd Court, sixe miles (from

Northamptons north Ijne) northerly, and the sajd bounds being obstructed

as to the extent of the sajd grant, by the Ijne runn by the proprieto''s of


Pacomtuckej neare one mile and three CLuarters of a mile, the Cou^t aforesajd 167 2.
haue ordered the persons subscribed as a coiiilttee to regulate and setle the ^'

, ^ ^ .11 October

affaires aforesajd, and to make theire retui'ne to this Court. The sajd comittee,
being vpon the place, haue ordered, that Hatfeild bounds northerly shall ex-
tend to a litle brooke coinonly called, by the English, Sugar Loafe Brooke, at
the coinon place of passage ouer, where there is two trees marked, a litle
white oake on the west side of the way, and a great white oake on the east
side of the sajd way ; and so to runne by the sajd line east to the Great Riuer,
and on a west Ijne from the sajd riuer two miles into the woods.

Also, the sajd comittee haue determined that the proprieto'^s of Pacom-
tuck, for and in consideration of the land taken out of their measure to
accomodate Hatfeild, they shall receive it as followeth, viz* : on the north side
of Pocomtuck E,iuer, from the mouth of the ryver called Greene Riuer, a Ijne
to rune due east one mile, and west one mile, and north three quarters of a
mile, the whole tract of land to be two miles in length & three quarters of a
mile in breadth, and for the remajnder to beginn at Pacomtuck Riuer, at the
end of their proprietjes, and to rune on an east Ijne to the Great Riuer, and 9 October, 1672.

to extend on a south Ijne two miles.




The Court approoues of this returne.

In ans' to the petition of John Bonner, the Court judgeth it meete to Ans' to Bon-
grant the petitioner a revejw of his case at the next County Court to be held

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 64 of 77)