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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w"" them, that they then make returne to the next Court of Election what
they finde & doe therein.



550



THE RECORDS OP THE COLONY OF



1G73. *M a Generall Court for Elections, held at Boston, 7'* May, 1673.



7 May.

[*718.]



[Present.] Jn" Leueret, Es, GoQ.

Sam Symonds, Es, Dep* GoQ.

Symon Bradstreet, "

Daniel Gookiiij

Daniel Dennison,

Symon Willard,

Richard Russell,

Thomas Danforth, I- Es^s, Asistants.

W"^ Hathorne,

John Pynchon,

Edward Tyng,

W" Staughton,

Thomas Clarke,

"OHN LEUERET, Es^, was chosen GoQno'', & in open Court tooke his
oath.
Samuel Symonds, Es^, was chosen Dep' GoQ, & tooke his oath.
Symon Bradstreet, Es^,
Daniel Gookin, Es^,
Daniel Dennison, Es^, 2 Com in reserv,
Symon Willard, Es^,
Richard Russell, Es^, & Tresu'',
Ttiomas Danforth, Es^, 1 Coinissio'',
W™ Hathorne, Es^J, 2" ComissT,
John Pynchon, Es^,
Edward Tyng, Es^,

W™ Staughton, Es^, 1 Comis in reserve,
Thomas Clarke, Es^,



were chosen Assistants, &
tooke y™ othes.



Edward Rawson was chosen Secretary.



The names of the deputjes returned to serve at this Court were, ■

M' Henry Bartholmew, for Salem.

Capt John Allen, Capt Laurenc Hamon, for Charls Toune.

Cap? Hopestill Foster, Leif t John Capen, for Dorchester.

M' Anthony Stoddard, Lef? Thomas Clarke, for Boston.

M"- Joseph Dudley, M'' W™ Parkes, for Roxbury.



THE MASSACHUSETTS BAY IN NEW ENGLAND. 551

M'' Thomas Hastings, Lef ? Richard Beeres, for Water Toune. 167 3.

M' Edward Oakes, Cap? Thomas Prentice, for Cambridg. "^ '' '

Left Olliuer Purchas, for Lynn.

Left Sam" Apleton, M"^ "W""" Goodhue, for Ipswich.

M' John Richards, for Newbery.

Lef? John Holbrooke, for Weymouth.

Capt Joshua Hubbard, for Hingham.

M' Peter Bulkley, for Concord.

Ensigne Daniel Fisher, for Dedham.

Cap? Eliaz"^ Holyoake, Sprig.

Rt Sam Dalton, for Hampton.

M"^ Richard Swann, for Rouley.

Lef ? Edmund Quinsey, for Brauntry.

Capt Richard Walderne, Left Peter Coffyn, for Douer.

M' Humphry Dauye, Capt Edw Hutchinson, for Wooborne.

M'' Eljas Styleman, for Portsmouth.

Left George Broune, for Hauerill.

Capt John Wayte, for Maiden.

Left W"" Clarke, for North Hampton.

Left Samuel Smith, M"^ Peter Tylton, for Hadley.

Left Silvester Evilly, for Glocester.

M-^ John Hull, for Westfeild.

M' Peter Bracket, for Scarbough.

M"^ ^ Hawton, for Lancaster.

M' Hezekiah Vsher, for Billireca.

Capt Thomas Lauthrop, for Beuerly.

Lef ? Roger Playsted, for Kittery.

Cap? Richard Walderne was chosen Speaker for this first session.

The Court, hauing considered the awfull hand of God in the destruction
of the Castle by fjer, doe order and appoint, 1^'. That there be a smale regular
peece erected where the old Castle stood, (not exceeding sixty ffoote square
w'^'in, or proportionable,) for the defence & security of the battery, & enter-
teinment of such garrison as maybe meet. 2^^. That the charge hereof be
defrayed by the late subscriptions & contributions for that end, & what shallbe
wanting to this worke be levyed by a publicke rate, wherein those who haue
already contributed shallbe considered according to what is already declared.
And for the mannagement of this affajre, and to conclude the matter & forme



7 Mar.



552 THE KECOllDS OF THE COLONY OF

J G 7 3. of the sajd Castle^ & bring the same to a compleat end as speedily as may be,
the honoured Governo', John Leucret, Es^, Captaine W™ Dauis, Cap? Eoger
Clap, Capt Thomas Sauage, & M'' John Eichards are appointed & impowred
as a comittee ; and what shallbe concluded, from tjrae to tjme, by any three
of this coinittee, the honoured GoQno"' being one, it shall be accounted a valid
act to the ends aforesajd.

It is ordered, that the next County Court at Salem adminster the oath
to Majo"^ W™ Hathorne as to the place of Asistant, to which he is chosen.

[*719.] *This Court takeing into serious consideration the great necessitje of vp-

holding the staple coinoditjes of this country, for the supply & support of the
inhabitants thereof, and finding by experience the bringing in of mault, which
is a principall comoditje of this country, from forreigne parts, to be exceeding
prejudiciall to the inhabitants of this colony, it is therefore ordered, that whoso-
euer, whither inhabitant or strainger, that shall, directly or indirectly, from
henceforth import into this jurisdiction from any parts of Europe any maulte,
euery such person shall pay vnto the Tresurer of the country the suine of sixe
pence p bushell for mault so landed, besides the rate of one penny j) pound
formerly imposed, & the collector shall stand chardged w"" gathering vp of the
sajd imposts, & to returne the same to the Tresurer.

Whereas all fishermen (setled inhabitants) are by laws exempted from
ordinary traynings, which indulgence is by many persons improoved when
they are at home, & not im ployed in their callings, to be spectators, or other-
wise ideling, gaming, or spending their tjme vnproffitably, whereby such per-
sons as attend their duty, & spend their tjme in that service, are discouraged,
for the prevention hereof, it is ordered by this Court & the authority thereof,
that all fishermen, being inhabitants, when they are at home, (and not im-
ployed necessarily, & so judged by the cheife officers,) shall attend publick
traynings, or else be fined five shillings, as the law directs for others absent,
any lawe, custome, or vsage to the contrary notw^^standing.

This Court hauing long since made an order to prevent damage doii by
horses, tit Cornfeilds, &S, sect 3*^, but no prenalty annext therevnto, as an
adition to the sajd lawe, this Court doeth order, the poenalty on nonobser-
vance thereof, w*'' respect to horses, to be five shillings fine for euery such
offence to the toune where it is coiiiitted, besides any damage accrewing by
euery such horse or horse kind so vnfettered or vnshackled, as in the sajd law
is prouided ; and further, that none shallbe permitted to keepe a horse or
horse kind in the woods or coinons but such as are accepted free comoners in
any such toune, vnder the poenalty of twenty shillings a horse for euery such
offence, to be disposed of as the selectmen shall see meet ; and flFurther, as an



THE MASSACHUSETTS BAY IN NEW ENGLAND. 553

explanation of the late lawe respecting stone horses not to goe vpon the 1 G 7 3.
cofnons vnder the pmnalty of twenty shillings a moneth, this Court doeth de- '^

7 May.

clare, that it is to he vnderstood of twenty shillings for euery such horse
found on the coinon, so often as he shall be found there.

Forasmuch as sundry vnskilfuU persons haue of late yeares taken vpon Courts order as

1 -Li-iion J? • !• 1 ■ 1 11 *° sturgeon &

them to boyle, pickle, & sell sturgeon for transportation, of which sundry keggs its gale, &c.
& other caske haue prooved corrupt & wholly vnserviceable, to the disappoint-
ment & damage of sundry merchants & others, as also to the debasement of that
comodity, & reproach of the country, -w"^, if duely ordered, might be bene-
ficiall to the inhabitants for transportation & otherwise, it is therefore ordered &
enacted by the authority of this Court, and be it hereby ordered & enacted,
that no person whatsoeuer shall henceforth boyle, pickle, or packe vp any stur-
geon for sale in this jurisdiction but such as shallbe Ijcensed therevnto by the
County Court where such persons inhabit, on pcenalty of forfeiture thereof,
one halfe to the jnformer, and the other halfe to the country. And to the
end there may be no fraud or abuse In the sajd coiiiodity, euery such licensed
person shall brand marke all caske wherein it is packed w*"^ the letters of his
name ; and that there be searchers appointed & sworne to vjew all sturgeon
made heere, or imported, before it be sold or in kinde passed away, who shall
sett their marke on such as they finde sound & sufficient in all respects, both
as to the q^uallity of the sturgeon & gage of the cask ; and that only such so
marked as aboue shallbe exported, on pcenalty of forfeiture of the whole value
thereof; ffor whose care & labour the sturgeon boyler or importer shall pay,
for the vejwing & heading thereof, after three shillings fower pence p score
for all kegs & firkins, from tjme to tjme. And if any shall counterfeit the
sturgeon boylers or packers marke, they or he shall forfeit five pounds to the
country for euery such defect. And It is referred to the respective County
Courts to license able & fitt persons to boyle & pickle sturgeon for sale, as
likewise to appoint searchers to vejw & marke the same as abouesajd.

*The Court, being informed of seuerall mistakes, if not frauds & deceits, [*720.]
that haue binn In the late nominations & elections, they judge meet, that there Comittee to

« 1 , T . n ^ draw vp an or-

be some further order set for the future lor the better regulating oi that mat- der to reguiat
ter of nomination & election of magistrates & publick officers, & preventing '='<=<=tions. ''''^•
mistakes & abuses therein, ^ doe therefor order & appoint Thomas Danforth
& Jn» Pynchon, Es5>s, M' Humphry Dauy, M' Anthony Stoddard, & M' Jn"
Hull to be a coinlttee to consider of, draw vp, & present to the Court what
maybe meet in this affiiire. ^^ staughton

In ans' to the motion of deputies for Portsmouth & Yorkshire, it is or- to keep Douer

, . . , , . &York3

dered, that W"" Staughton, Esqp, shall & hereby is appointed and impowred to Courts.

VOL. IV. PART II. 70



554



THE KECORDS OP THE COLONY OF



1673.



7 May.
Comissioners
for Yorks &
Douer.



Ciip' Gookin
ti) keepe Nor-
fulke Courts.

Officers to y«
foot compa. at
Fort Island at
Piscataquae.



Rich. Cuts
cap', Eli.
Stilem. lef,
Joakin Har-
vey eusig.

Cap' Salton-
stall, Major
Pike, & M'
Dal tons
comiss".



Cap' Torrey to
give oaths, &c.

M» "WTieelock
to marry, &c,
to give oaths in
Mendon &
Medfeild.



Cap' Carters
conlission.



Qusest. to y«
County Courts,



keepe tlie County Coiirts at Douer & in Yorkshire, w*'' the associates ther,
for this yeare.

It is further ordered, that Capt Richard Walderne, M'' John Cutt, Cap?
Eichard Cutt, and M'^ Elias Styleman shall & herebj are impowred with
magistratticall power in those precincts for this yeare ensuing, i. e., Yorks,
DoQ, & Portsmouth.

It is ordered, that Daniel Gookin, Es^, to keepe the County Courts of
Norfolke, w"" the associates there, for the yeare ensuing.

Vpon the consideration had of the act of the coinittee of the militia for
the Ryuer of Piscataqua to this Corut, it is ordered by the authority of this
Court, that the souldjers dwelling on the great island at Piscataqua, w**" the
souldjers in Kittery, from Spruce Creek eastward, shallbe dlschardged from
the companyes of which they formerly were, & from henceforth shall become a
distinct foot company, & to belong to the fortiffication vpon „ great island
aforesajd, to be trayned & excercised there from tjme to tjme, & to be ready
on all occasions to attend the service thereof for its defence & security. And
it is further ordered, that M'' Eichard Cutts shallbe captaine & comander in
cheife of the sajd fort & the ffoot company now established ; Eljas Styleman
to be leiftennant, & Joakim Harvey to be ensigne, & that comission issue out
from y^ Court for y* enabling of them to discharge their trust.

It is ordered by this Court, that Majo' Eobt Pyke shall haue & hereby
is invested w*"^ magistratticall power, in the county of Norfolke, & to act in all
cases as any one magistrate may doe, and that Capt Nathaniel Saltonstall & M''
Samuel Dalton shall & hereby are alike impowred.

Vpon a motion from the toune of Weymouth, Capt W" Torrey is hereby
appointed & impowred to adminster oathes in y* id toune of Weymouth.

There being no magistrate neare Medfeild & Mendon, vpon the motion
of the inhabitants of Mendon that some course may be taken for their ease &
releife, it is ordered, that M' Ealph Wheelock, of Meadfeild, shall & hereby
is appointed & impowred to administer oathes to wittnesses in or of either
place, as also to solemnise marriage betweene persons belonging to either
toune, legally published, till this Court shall take further order.

Vpon a motion from Wooborne, it is ordered by this Court & the author-
ity thereof, y* Capt John Carter shall & hereby is authorized & impowred
to joyne persons in marriage, according to lawe.

Quses?. Whither a person seized of a reall estate, dying intestate, admin-
istration being granted to relations present, according to lawe, any person from
abroad clayming generally as heire to such estate, shall be admitted to sue for
& enter vpon the same, by an atturney, w*'"out making appearance in person.



THE MASSACHUSETTS BAY IN NEW ENGLAND. 555



7 May.



&8. In order to the ans-wering to this quaes?, the Court doeth impo-wer the 167 3.
honored Gouerno', Dep' GoQno'', M"^ Bradstreet, Majo'' Dennison, M"^ John
Richards, & Capt Edward Hutchinson to be a coinittee to consult the law &
practise of England in the point, & -what they or the majo"^ part of them shall
agree in this case for consideration & confirmation, if they shall see cause ;
and that this comittee as aboue draw vp an order to state the trust & pouer of
guardians, and to present the same to the Court as for approbation, as is aboue
exprest. 15.

*In answer to the petiSon of Jonathan Negus, humbly desiring the favour [*721.]
of the Court to allow him his arreares for his service to the Courte, in wayt- ■*-°^'' *<> ■^°^<^-

• T '•'^^'^ Negua

mg on the Cjouno'' & Court, in mony, the Court grants his request, & orders petition,
the Treasurer to sattisfy & pay the peticoner his arreares as is desired.

In ans"^ to the petition of Susanna Martyn, humbly desiring the favour Ans' to Susan-
of this Court to grant hir further liberty, & y' hir sister Jones maybe joyned peticou.'''^^
w* hir, fm-ther to prosecute & trye hir accon in the next County Court iu
Norfolk, the Court grants hir hir petition, & that hir sister Jones be joyned
w*'' hir in the prosecution & trjall of hir action in the County Court of Nor-
folke, sub forma pauperis, as hath binn formerly granted by this Court.^r

In ans' to the petition of Henry Phillips, ensigne to a foot com- Ensigne Henry
pany vnder the conduct of James OUiuer, captaine, he is dismist from that ^^^^_
service.

And Sarjeant Elisha Hutchinson is appointed by this Court ensigne to Eiisha Hutch-

^ * y^iT • x> • 1 • inson ensigne.

Capt Uiliuers company in iioston m his roome.

Walter Neale is appointed left to the ffoot company vnder the conduct Walter Neale

left.

of James Pendleton in Portsmouth.

In ans'' to the petition of M"^ Edward Jackson & John Jackson, in behalfe Courts order
of the inhabitants of Cambridge village, on the south side of Chaiis Eiuer, this tween Cam-
Court doetk judge meet to grant the inhabitants of the sajd village annually to l"^^■^J'^J'''^'
elect one constable & three selectmen, dwelling among themselues, to order
their prudentiall affaires of the inhabitants there according to lawe, only con-
tinuing a part of Cambridge in paying country & county rates, as also toune
rates, so farr as referrs to the gramar schoole & bridge, & also pay their pro-
portion of the chardges of the deputjes of Cambridge, & this to be an issue
to the controuersie betweene Cambridge & them. Acco' of

As to the acco' presented to this Court in relation to expences & charges g^g^^^^^^^j^^^*"
in seizing Henry Greenland, by M"" Edw Rushworth, amounting to fower ferd to Yoric

county.

pounds, the Court reffers the determination thereof to the County Court at uou^s order



or resolue be-
twene Salem I

The Court, hauing heard the petitioners of the toune of Salem, sees no y tillage, &c.



Yorke, who is to order the pavment of what is due as the law directs.

'■ ■' twene Salem &



556 THE RECORDS OF THE COLONY OF



7 May.



167 3. cause to alter the fFormer order of this Court in October last, saue onley that
they add as a further explanation thereof, that neither the comon or other vn-
jmprooved lands belonging to any inhabitant living w'^'out the precincts of
the village w^'in the toune of Salem, shall henceforth be Ijable to assessments
as to the village of Salem.
Ans' to the pe- In ans' to the petition of Abraham Drake, marshall of Norfolke, the

Drake, m'shall. Court hauing heard by their comittee the state of the peticSners case, judge
that he cannot in a course of la we haue any releife ; yet, as he is a publick
instrument, & acted honestly, but missed it in a point of lawe, doe order his
allowance of fine pounds out of the publick treasury for y° county of
Norfolke.
James Parker James Parker, of Groaten, hauing had the care of the military company

kin ensie to ^^^^^ ^^r seuerall yeares, is appointed & ordered to be their leiftennant, & W"
Groaten. Larkin to be ensigne to the sajd com company there.

Jn» Turners Lajd out to M' John Turner, of Boston, one hundred & fiuety acres of

acres laid out ^^^^ i^ ^^^ wilderness, at Mashapoag Pond, neere the head of Salmon Brooke,
joyning to M' Edward Cowells farme, and bounded by it on northwest two
hunfflid & seventy pole, bounded by M'' Thomas Bratles land, which he
bought of Billirrica, on the east, two hundred & twenty seven pole, and by
wilderness land on the south, two hundred eighty sixe pole ; his most north-
erly angle is a smale white oake, mark' w"' E C T ; and from thenc it runes
twenty degrees eastward of the south two hundred & twenty seven pole, vnto
a walnut tree which stands in the Ijne of M"" Tings land, w'^'' walnut tree is
the most southerly angle of M"^ Brattles farme ; from this walnut tree it
runes west & by north two hundred eighty sixe pole, w'^'' closeth the Ijne
againe to Cowells farme. The manner & forme of the lying thereof may
be more fully demonstrated by this smale platforme of the same, taken by
Jonathan Danforth, surv'', 27 9 A, 72. The Court approoves of this returne,
prouided it intrench not on former grants.
[*722.] *In ans"" to the petition of Richard Goodman and John Dickinson, both

Ans' to Good- q£ JJadley, the Court referrs the peticoners to make good what they haue in

mans & Dick-
insons petition, their petition asserted to the next County Court in Hampshire. As to the

euidence of such sale made in the life time of the sajd "Ward, & when such

euidence appeares from the reccords of that Court, this Court will further

consider of it.

Lancasters Whereas the honoured Majo'' Willard, M' Thomas Danforth, w"» the late

power, . Capt Johnson, haue, by order of this Court, binn a comittee to order the pru-

dentiall affaires of Lancaster for many yeares, Lancaster hauing binn setled for

seuerall yeares, & as the sajd coinittee informes, many yeares since binn trusted



THE MASSACHUSETTS BAY IN NEW ENGLAND. 557

by them, & able to mannage their oune affaires ; the sajd toune of Lancaster 16 73.

now humbly desiring the Courts favour, that the comittee, for their great "" — '^ '

pajnes & service for so long a season, may be thankfully acknouledo-ed & dis- ^ ^''^'
mist from future trouble in such respect, & themselues betrusted, as other
tounes are, to mannage their oune affaires, the Court judgeth it meet to grant
their req^uest heerein.

In ans'^ to the petition of John Towers, of Hingham, the Court referrs Ans' to Jn»
the petitioner to a due course of lawe against the towne or clarke of whom he ^^""^""^ ^''"'
complajnes.

In ans'^ to the petition of seuerall inhabitants of Doner, Portsmouth, &3, PetiEon as to
on behalfe of Henry Greenland, & for his liberty, the Court sees no cause to l7ylXt^^^'
grant their request.

In ans'^ to the certifficat or request of seuerall inhabitants of Douer, &S, Peticon or re-
on behalfe of Walter Barefoot, the person petitioned for not standing rectus ?eTBarfoo7de-
in cm-ia, the Court sees no cause to grant their request. '^y^^-

In ans'^ to the peticon of Thomas Dauis, of Hauerill, it is ordered, that Ans' to Tho.
the administrators of the estate of Joseph Dauis, or either of them, sattisfying '™'^ P«t"=™.
& paying vnto Eichard Dole his debt secured to him by a mortgage, are en-
abled heereby to sell & alljenate the houses & lands of the sajd Joseph Dauis,
deceased ,- and the sajd Dole being sattisfied, & thereby^the lands being cleered
of the mortgage, the remajnder shall be to sattisfy the creditors of the de-
ceased proportionably.

In ans'' to the peticon of sundi-y inhabitants of Hadley, the Court judg- Ans' to y pt.
eth it meete to grant the peticoners request, i.e., the quantity of sixe miles "fHadievfo/a

sq^uare in the place desired, i. e., lying nere to the northward bounds of Had- "^^ planta-
tion.
ley, &6 ; prouided, that w'^'in seuen yeares or sooner, if it maybe, there be a

competent number of familjes setled there, and prouide themselues of an able

& orthodox minister ; & for their encouragement in so good a worke, this Court

orders, & appoints, & impowers Majo'' John Pynchon, Left "W™ Clarke, & M'

W"" Holton, to be a comittee to order in the meane time their prudentiall

affaires, granting of lotts, & otherwise reserving in some convenient place two

hundred & fifty acres of land for a farme for the countrys vse & disposall.

In ans"^ to the petition of Mary Greenland, it is ordered by this Court, Ans'to Mary
that Henry Greenland haue liberty to returne into this jurisdiction, & abide peticon
here vntill the first of September next, for the disposing his estate & re-
mooving his family, prouided he doe in other respects observe the order of Ana' to M' Ei-
the Court of Asistants, and depart after the tjme expired. ceyspetioon"'&

In ans'^ to the peticbn of M' Elnathan Chancey, it is ordered, that the 10" P' annum

for Barnabas

arrears due to y« late Reuerend M' Charles Chancy, president, be pajd by the reieife.



558 THE RECORDS OF THE COLONY OP



7 May.



1673. Tresurer in monyj and tliat there be an alloTvance anually of tenn pounds a
yeare, to be payd by the country Tresurer in money to the deacons of Cam-
bridge, for & towards the releife of the peticoners brother, Barnabas Chaun-
cey ; & this to continue during the Courts pleasure.
M' Tutie dis- Vpon the request of Leiftennant John Tutle, left' to the Three County

mI H^oh-'" Troope, he is dismist from y* service, & M' Eliakim Hutchinson is to suply

inson a let' in y* place.

his rooiue. _._._,.,

r*79^ 1 * aiiswer to the humble request & motion of M' John Payne, m order

Ans' to John ^° ^^ improovem* of this Courts grant as to a new plantation in October last,
Paynes request 1672, humbly desiring that Jn° Leuerit, Esq^, GoQ, & Jn° Pynchon, Esq),

& renewall of

his grant & ad- magis', maybe invested w"' power & trust to regulat that affaire, & to admitt,

^2. ' ' ■w'*' Jn" Payne, such persons whose qualliffications may deserve a reception into

the plantation, none being admitted but by joynt consent ; and becaus a hill

of a vast extent impedes the passag to that place, that priviledg may be

granted to take vp y^ quantity of land as it is in y'= aforesaid grant expressed,

& bounded in another place w'^'in twenty miles thereof, vnto w* passage maybe

found for transportation ouer land, &d, the Court judgeth it meet to grant the

peticoners request.

Ans' to Daniel In answer to the petition of Steven Daniel, & Nicholas Chatwell, the

tico ^ " r '^^' Court judgeth it meete«to grant & order, that the execcutrixe of the sajd Joseph

granted to y» Grafton, Jun, & the guardian of the orphant doe make & scale firme deeds

execcutrix to

confirme the of sale to the grauntees of the sajd land mentioned in this petition, which

' "■ sajd deeds so made shallbe accounted good in lawe, any law to the contrary

notw^'standing.

Ans' to Had- In ans'^ to the petition of the inhabitants of Hadley, for the setlement

eypeticon ^£ ^-^^ bounds thereof, it is ordered, that their bounds shall runn from their

setlement of ' '

yir lands. meeting bowse five miles to the ryuer, & five miles doune the riuer, and sixe



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 66 of 77)