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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miles from their meeting house eastward.
Ans' to inhab- ^^ ^^®' *° *^^ petioon of the inhabitants of Paucomptucke, Samuell

itants of Po- Hindsdale, Sampson Frary, &6, the Coiirt judgeth it meete to allow the

compticks •> u

peticon, a new peticSners the liberty of a touneship, and doe therefore grant them such an

gr'ed them, &o. addition of land to the eight thousand acres formerly granted there to Ded-

ham, as that the whole be to the content of seven miles square, provided that

an able & orthodox minister w'^'in three yeares be setled among them, and

that a farme of two hundred & fifty acres of land be layd out for the countrys

vse; and doe further appoint & impower Left W" AUys, Tho Meakins,

Sen, & Serjent Isaack Graues, w"' Left Samuel Smith, M' Peeter Tylton, &

Samuel Hindsdale, be a comittee, and any fewer of them to act in all respects

to lay out y* sd farme in a convenient place to admitt inhabitants, grant lands.



: con-
firmd.



THE MASSACHUSETTS BAY IN NEW ENGLAND. 559

& order all their prudentiall affaires till they shallbe in a capacity, by meet 16 73.
persons from among themselues, to mannage their oune affaires, & that the ""^ '^ '
comittee be advised w*"^ about setling of a minister there.

A plat of a farme of one hundred & fifty acres of land was returnd into Francis Ad-
this Court, lajd out as foli : The land reg>sented by this platt belongeth to isT'creTlIjd^
Francis Addams, wife to James Addams, of Concord, granted to 'hir by the '"'' * '
honord Generall Court in May, 1672, & in vpland & meadow conteyneth one
hundred & fiuety acres, & is scittuate about eight miles northward from Lan-
caster, and is bounded vppon all sides by country lands, the Ijnes being extant by
marked trees, many of the trees being marked w"i the letter A ; the Ijne no"^ &
south is the merlddian Ijne. Layd out the 1"' 9, 1673, by .John Flynt. The
Court approoves of this returne, prouided it intrench not on any former grants.

In ans' to the peticon of Theoder Atkinson, humbly desiring a hearing Ans' to Theod'
of his case, the Court judgeth it not meet to grant a hearing to the petiooners ticon"^""^ ^'^'
of the matters conteyned therein.

In ans'' to the peticon of Joseph Braddish, it is ordered, that the petitioner Ans' to Joseph
haue his liberty to make vse of the law for his rights.



con.



It is ordered, & Samuel Symonds, Es^, Dep' GoQ, Symon Bradstreet, & 1 1-

2 q.

W™ Staughton, Es^s, M"^ Jn" Oxenbridge, M' Vryan Oakes, Cap? Joshua y« grd. qujest.

Hubbard, M' John Richards, M'^ Henry Bartholmew, Cap? John Hull, & M'

Samuel Torrey shallbe & hereby are appointed a committee to consider of

these three c[uestians or proposalls, the magistrates *to appoint time & place of [*724.]

meeting, making their return to the next sessions of y^ Court. 1 Q. Whither

according to pattent there be a negative vote in any part of the Generall Court ;

if there be, then in what cases. Secondly. How farr our possitive lawes doe

in this matter agree w'*' or disagree from the patent.

3 Q. Where the vse of the neagtive voat causeth an obstruction in any 3 q.
matter of necessity to be concluded or of great moment to the publick, what
may be the best expedient for an issue, whither by lot or otherwise.

M'' John Vsher hauing binn at the sole chardge of the impression of the No impression
booke of lawes, & presented the GoQno', magistrate, secretary, as also euery , ,■ 7 '^
deputy, the dark of y"= deputies on, & Cap? Dauis one, the Court judgeth yeares on poen-

alty, & sattis-

it meete to order, that for at least this seven yeares, vnlesse he shall haue sold faction to M'
them all before that tjme, there shallbe no other or further impression made
by any person thereof in this jurisdiction, vnder the pcenalty this Court shall
see cause to lay on any that shall adventure in that kind, besides making ffuU
sattisfaction to the sajd M' Jn° Vsher or his assignes for his charge & damage
therein. Voated by y^whole Court met together.

The Court was adjourned to the IS"' of October next, at eight of the
clocke in the morning.



560 THE EECOKDS OP THE COLONY OP



167 3. *'Att a speciall Generall Court, assembled in Boston, the 26'"' of
'' ' September, 167 S, by speciall Warrants by order of y° Gou'^no''

r* 725.1 ^ Council, to consult the publick Safety.

Present, Jn" Leueret, Esqp, GoQ.

Sam Symonds, Es^, Dep' GoQ.

Symon Bradstreet,

Daniel Gookin,

Daniel Dennison,

Symon Willard,

Rich Russell,

Thomas Danforth,

John Pynchon,

Edward Tyng,

W" Staughton,

Thomas Clarke,



Es^s.



The names of y° deputjes returnd to serve at this Court were, & pres-
ent, —

Sa : M' Henry Bartholmew.

Ch : Cap? Jn° AUyn, Capt Lawrenc Hamond.

Dorc : Capt Hopestil Foster, Left Jn° Capen.

Bos? : M' Antho Stoddard, Lef ? Thomas Clarke.

Roxti : M' Joseph Dudley, M'' W" Parkes.

Water : M' Tho Hastings, Left Rich^ Beers.

Cam% : M' Edw Oakes, Capt Tho Prentice.

Lyn : M'' Olliuer Purchis.

Ips : Cap? Safn Apelton, M"^ W" Goodhue.

New : M' Jn" Richards, M'^ Rich Dole.

Wey : Lef ? Jn° Holbrook.

Hing : Cap? Josh Hubbard.

Cone : M"" Peter Buckley.

Dedh : Ensif Dan Fisher, M'^ Tho Fuller.

Spring : Cap? Eliaz' Holioak.

Sails : Majo"^ Rofet Pike.

Row : M' Maxi Juet.

Brain? : Lef? Edmo Quinsey.

Do? : Cap? Rich Waldem, Lef? Peter Coffyn.




THE MASSACHUSETTS BAY IN NEW ENGLAND.

Eed: Cap? Rich Walker.

Sudbu : Left Edm Goodeno-w.

Ports : M' Rich Martyn.

Haue : Lef ? Georg Broune.

Wool) : M"' Humphrey Davy, Cap? Edw Hutchuson.

Glo : M' James Steeven.

Maid : Cap? Jn° Wayt.

Hadly : M' Peter Tylton, EnsI Hen Phillip.

North Ham : Lef ? W° Clark.

Lancst : M"^ Ralp: Hawton.

Chelms : M' Tho Addams.

Kittery : Left Rog Plajsted.

Scart : M' Peter Bracket.

Betfly : Capt Tho Lauthrop.

Meadfeild : Capt Georg Barber.

THE affaires rpon which this Court was convened hauing binn represented
to them, and seriously weighed, w"* the letters received from our con-
foederate of the two other colonjes toiiching this matter^ doe declare, that at
pres#ht they doe not judge it expedient at this season to engage in the con-
cernes thereof, farther then the making prouission for our oune safety.

This day the Court receaued seuerall letters ; one from Connecticott, and
the other from Pljmouth, our confosderates, w"^ were both read in the Court,
to w""* the Court sent this ans"^ : —

S"^ : I am required by our Generall Court to acquaint yo' wo'pp, that on 19 September.
their pervsing of your, c& the letters w* they receaved from yow & from
Pljmouth about the same tjme of yo''s, on their due consideration whereof w"*
T.'hat hath binn presented before them, haue declared that they judge it not
expedient at present to engage in that affaire, otherwise then to prouide for
their security. Hauing not els to giue yow at this time further trouble, pre-
senting my humble service to yo'' wo'^p, remayne, s'.
Your humble servant,

EDWARD RAWSON, Secrel, by order of

the Generall Court of Massachusets.
Boston, 19 Sep?, 1673.

Supscribed, These for y« wo^'pff^ Jn° Winthrop, Es^, GoQn', for his
maj'y colony at Conecticot, f sent. Y'' like to Plimouth.

VOL. IV. PART II. 71




562 THE RECOEDS OF THE COLONY OP

Itt is ordered, that M'^ Hezekiah Vsher, Sein, shallbe & hereby is de-
sired by his correspondents in England to procure & purchase fiue hundred
new snap hances, or fire lock musketts, at the cheapest hand, & to bring them
hither for the countrys vse, this Court hereby declaring that they shall & will
take them off at reasonable advance.

It is ordered, that M"^ Willjam Broune, SenI, Capt George Corwin, M'
Peter Lydgett, & M"^ Samuel Shrimpton, who haue their correspondents in
Bilboa, and the trade there, shall & hereby are desired by their correspond-
ents to procure and purchase a thirty or forty great guns, whole culvering,
demy culuering, and sakers, at the cheapest hand, and to bring them hither
for the countrys vse, the Court heereby declaring that they shall and will take
them off at reasonable advance. As an addition & explanation of the order
aboue refferring to great artillery, it is ordered, that there be sixty great gunns
sent for, and that the dimentions of the sajd guns be, viz., twelue whole cul-
verin, twelue demy culverin, twenty demy culverin cutts, sixteene sakers, or
as neere those proportions as can be procured, and that twenty or thirty shott,
round proportionable to each gun, be also sent for.



[*726.J *Att a seccond Sessions of the Generall Court, held at Boston,
i3o='°^^'- i5" Octoher, 1673.

Addition to the A S an addition to the law, title Freemen, section the third, it is ordered by

law for admis-



A^



sion of (free- "^ -*- ^^^^ Court and the authority thereof, that henceforth the names of such
™^°' as desire to be admitted to the freedome of this comon-wealth, not being mem-

bers of churches in full coinunion, shall be entred w* the secretary, from tjme
to tjme, at the Court of Election, and read ouer before the whole Court some-
time that sessions, and shall not be put to vote in the Couit till the Court
of Election next foUowg.
Addition to the As an addition to the lawe of the Sabboath, sect the seccond, it is ordered

law of the Sab- -^^ ^-^^s Court and the authority thereof, besides the poenalty vpon the persons
there offending, the publick housekeeper, where any such person or persons
are found so transgressing, (as in the sajd law is exprest,) shall pay five shil-
lings to the treasury of the country where the offence is comitted.
Order for pub- It is ordered by this Court and the authority thereof, that all lawes &

lishmg the orders of this Court which are thought fitt to be published at the end of euery
sessions shall be forthwith sent to the presse, and also read in the markett
place at Boston vpon the fifth day, being a lecture day, w^'in ten dayes after



THE MASSACHUSETTS BAY IN NEW ENGLAND. 563

the end of such sessions, whicli, being performed, is and shallbe accounted *1 6 7 3.

sufficient publication; and further, that printed copies shallbe dispersed at ' '< '

the discretion of the Treasurer, and care taken for the same by the secretary "tober.

and mai'shall generall, as the law directs, foi 231.

It is ordered by this Court and the authority thereof, that where there be Order directing
sundry proprietyes of lands lying together, and are enclosed by a fence, al- of proprittjir
though not by consent of partjes or by any prudentiall act of authority dis- '° ''°^°'^ ?*'■

. _ "^ tures.

posing the same into one comon feild, the major part of such propriety may
order & Ijmitt the proportion of catle that shall be put to feede thereon, or may
otherwise be Ijmltted and proportioned by the selectmen of the toune or
tounes where such lands doe lye, according to the dijrection of the law, title
Catle & Cornfeilds.

The Court observing the wicked and vnrighteous practises of euill men
to encrease some pirattically seizing of shipps, ketches, &5, w"" their goods,
and others by rising vp against their comanders, officers, and imployers,
seizing their vessells and goods at sea, exposing theire persons to hazard, &c&,
for the prevention whereof, and that due witnes may be borne against such
bold and notorious transgressions, —

This Court doeth order, & be it hereby ordered & enacted, that what Order to pfvent
person' or persons soeuer shall pirattically or ffelloniously seize any ship or l'^*''^"
other vessell, whither in the harbour or on the seas, or shall rise vp in rebellion
against the master, officers, merchant, or ouners of any such ship or other sea
vessell and goods, and dispoyle or dispossess them thereof, and excluding
the right ouner or those betrusted therewith, euery such offender, together w"'
all theire complices, if found in this jurisdiction, shallbe apprehended, and,
being legally convicted thereof, shall be put to death ; prouided allwayes, that
any such of the sajd company (who through feare or force haue binn draune
to comply in such wicked action) that shall, vpon their first arrivall in any
of our ports or harbor's, by the first oppertunity, repajre to some magistrate or
others in authority, and make discouery of such a practise, shall not be Ijable
to the aforesajd poenalty of death.

It is hereby ordered and declared, that it shall be lawfuU for any person Order impou-
by his lawfull atturney, authorized vnder his hand and scale, and legally "°^ a»uniey»
prooved to be his act & deed, to sue in any of our Courts for any right or in-
terest that he may haue to any estate of lands or goods, or any part thereof,
according to our law, vnless the Court, vpon the hearing thereof, shall find
just reason to demurr vpon the validdity of the attumiship, in one respect
or other. ^ ,.

Guardians

Itt is ordered by this Court and the authority thereof, that the power and pouer in case.



564



THE KECORDS OF THE COLONY OF



1673.

> Y '

15 October.



[*727.]



Valuation of
sheep to the
country &
county rates.



Addition to y"
law, tit.
Searchers of
Leather.



Poenalty for
taking away
canoo, skiff,
boat, shallop,
&c.



Persons selling
liquors to In-
dia. Ijable to
■whipping in
case.



Qua33t;on
about imposts
resolued.



trust comitted to all guardjans is as full to recouer and take all estate into
their hands as if the child or children themselues for whom they are guar-
djans were at age, and to improove the estate for the childe or childrens ad-
vantage, till at age, & generally to act as fair as administrators may doe, except
by will of the deceased the *the estate was comitted to an execcuto"^ or others
for their education vntill such an age, the guardjan giving security to the Court
for his faithful! performance of his trust.

This Court, taking into consideration that the price which sheepe are
valued at in the country rate is farr aboue what they are worth, and that no
man might be discouraged from keeping that vsefuU creature, so beneficiall
.both for foode & cloathing, it is hereby ordered and declared, that all sheep
rateable in the country rate, of what kinde soeuer, shallbe valued at five pounds
p score in all country and county rates ; and this order to take place in the
sixth moneth next.

As an explanation of the law, tit Hides and Skyns, sec? the first, pro-
hibbiting transportation of vnwrought leather, this Court declares, that by
vnwrought leather is to be vnderstood not made vp into wares ; and further
judge meet to declare, that no leather, being tanned, shallbe sent to the cur-
riers to be dressed before the sealer of leather haue vejwed and set his marke
therevnto, under such poenalty as the law provides in this case, ti? Leather.

It is ordered by this Court and the authority thereof, that if any person
shall take away any shallop, boate, skiffe, or canoo from any vessell, wharfe,
or from the moaring, w*''out leaue from the ouno' or master thereof, he shall
pay to the sajd ouno'' or master, if it be a canoo, five shillings ; and for a
boate or skiffe, ten shillings ; and if it be a shallop, twenty shillings ; and so
much p day for euery day after the first day deteyning or not returning the
same, together w"" what euer damage the sajd ouner or master of the sajd
canoo, boate, skyffe, or shallop shall susteyne thereby in any kinde, to be
judged by any magistral or comissioner authorized by law in like cases ; and
further, to fine the party ofiending for his trespass to the county, if there be
cause.

Whereas by experience, many persons, through pouerty, not able to pay
the fine imposed by la-w'' on the sale of liquors to Indians, are thereby imbold-
ned to transgresse, as an addition to the law, p. 75, sect 3, it is hereby or-
dered, that persons transgressing that law, and not paying the fine imposed,
shallbe punished by whipping, at the discretion of the judges and greatenes
of the offence, any law, custome, or vsage not w* standing.

It being put to the CLUsestion whither wine and strong waters belonging
to any inhabitant of Piscataqua, and imported into these parts to the market.



THE MASSACHUSETTS BAY IN NEW ENGLAND. 565

be Ijable to pay dutjes according to the law, title Impost, — this qusestion is 1673.
resolued on the affirmative, prouided the sajd goods haue not pajd impost in ' ' '

.. , 15 October.

some of our ports allready, according to lawe.

It is ordered by this Court, that M"^ "Willjam Broune, Sen, Cap? Georg Ties', Cap* Al-

Corwin, M"^ Peter Ljdget, & M' Samuel Shrimpton shallbe and are heereby ™fiiittee to

desired to send abroad to any part of Europe, America, or else to their cor- *'^*'^' ^"' ^^"•

gen™ to pur-
respondents, to procure & purchase sixteen demy canon, twelue whole cul- chase & pro-

verin, & twelve demy culverin, w*'' twenty or thirty pounds of shott, proper- gunns"&5.
tionable to each gunne, at the cheapest hand, to be brought hither for the
countrys vse, declaring that they shall & will take them off at reasonable ad-
vance, according to what is then vsuall from the parts from which they be
imported ; and Richard Russell, Es^, county Treasurer, Cap? John AUjn, &
Cap? Lawrence Hammon, are heereby desired to acquaint the gentlemen with
the minde of the Court herein, and any two of them are impowred to
effect it.

It is ordered that Cap? Thomas Clarke, M"^ Henry Bartholmew, M' John Cap* Clarke,
Richards, & Cap? Joshua Hubbard be & shall be hereby appointed a comittee mew, SzH,
to auditt the Tresurers account, and make their returne of what they finde to j"™'*!!^ *" ""'

' •' dit y« Tr' acco*.

the Court.

It was put to y® queestion whither y' order & penalty for import- Poenalty for
ing of mault should take place from May last. It was resolved on y^ afirma- ™^°^^ To^taks

tryQ place from May

last.

*Forasmuch as a thankfuU acknowledgment of Gods mercjes, especially r*728 1
when they are bestowed in answer vnto prayers made on the behalfe, is a duty 20 Nouember a
very much jncumbent vpon the people of God who haue made those suppli- f''."
cations, and whereas it is most euident that the Lord hath given vnto us in
this wildemes new & fresh occasions of prayses, and cleare demonstrations
of his goodness, when at the latter end of this last summer, by reason of
much wett weather, many of the most necessary fruites of the earth for releife
of man & beast were in great hazard to be diminished, if not vtterly lost,
the Lord was graciously pleased (imediately after a solemne day of prayer)
to give such a suiteable season of dry & warme weather, (for some weekes,)
that an abundant blessing was cast into the whole country thereby. And not
only so, but the Lord our God hath also been intreated to continue vnto us
our outward peace, notw^'standing the approach & success of enemjes vpon
our neighbouring coasts. The serious consideration of these things hath
mooved this Court (being engaged by way of duty vnto the Lord) to appoint
& set apart the twentjeth day of November next to be kept as a day of thanks-
giving vnto God, hereby inhibbitting all servile labours vpon that day, and do



& confirmd,
50 acres of 52.



566 THE RECORDS OF THE COLONY OF

16 73. comend it vnto all the churches, elders, ministers, & people w*''iii this jurls-

"• ' diction, soleflinly & seriously to keepe the same accordingly.
Order to ro- ^^ ^°^' ^° Capt Dauis proposall, that meet prouission he made for beds

cure beds for for the workemen at the Castle, that so losse of time may be prevented in going

y« workmen at

}•• Castle left to thither & returning home euery night, it is ordered, that what is proposed
y comi ee. -^ -^^^^ ^ refer'd to the mannagement of the comittee of the Castle, who are

hereby impowred to make due prouission accordingly.
Ans' to Rich. In ans"' to the petition of M' Richard CoUecott, in behalfe of the inhabit-

CoUecotts peti- jn- ti- ..... Tt./-i

con as to a ^^^^ aweuing w'^'^in our jurisdiction to the eastward, this Court doth heereby
Coiurttobe impower the GoQno% w*'' fower or more of the Assistants, to appointe & im-

iC€pt tit Y enst"

■wd, &c, July power constables in such places as they judg convenient, to prepare things in
order to keeping a Court the third third day in July next, by such as the
Court of Election shall appoint thereto, & the charge thereof to be dischardged
by the inhabitants.

Edmund Rise, In obedience to tne order of the Generall Court, the 19th of October,

land layd out ' 1652, wee, whose names are herevnder written, did lay out the mentioned

tract of land vnto the within named Edmund Rise, about the yeare 1653, as

wittnca our hands.

SYMON WILLARD,

EDMUND GOODENOW.
The Court allowes & approoues of this retui-ne.

Edmund Rice Lajd out according to the order of the Generall Court, May the 11*, 1659,

& confirmd of ^^^ farme of M' Edmund Rice, of Sudbury, in the place appointed by the

May, iGo9. Court, that is to say, first begining at a hill leaving Connecticot path on the

north or northwesterly of it, and a brooke on the south of it, and two hills on

the east, w'^" a great white oake and a little peice of meadow on the west, the

wildernes also, fine acres of meadow being part of the sajd grant, lying neere

to the east end of the sajd tract. This the 3d of June, 1659, by us who were

appointed by the Court.

THOMAS NOYES,

JOHN STONE.

Cambridge, October IS"", 1673.

Deacon John Stone, of Sudbury, being sworne, doe say that he was

present w* Ensigne Thomas Noyes at the laying out of the aboue sajd land,

and that they both subscribed their names thereto, as the retume to be made

to the hono'^d Court, before

THOMAS DANFORTH, Assistant.



THE MASSACHUSETTS BAY IN NEW ENGLAND. 567

The Court judgeth it meet to allo-w of the land lajd out as aboue 16 73.
appeares. '' '

15 October.

The cornets place in the troop vnder the conduct of Thomas Wheeler Henry Wood-
being vacant, vpon a motion from the sajd troope to this Court for a supply, vv» Hartwell
this Court hath chosen & appointed Henry Woodis, the ©sent quarfmaster, q't' ™' *" Cap'

^^ •' _ ' i. ^ > The. Wheelers

to be cornet of y^ sajd troope, & Corporall Willjam Hartwell to succeed the troope.
sajd Woody^ in the quarter masters place.

*Vpon the req^uest of Cap? John Tutle, he is dismist from that service, & [*729.J
M' Eliakim Hutchinson is chosen & appointed left to y" Three County Troope Rouiey mili-

r- 1 • 1 1 • !• *'"^y officers.

m his roome. Att the request of the inhabitants of Rowley for the setlement
of military officers, this Court hath chosen & appointed M' Samuel Brackle-
banck for captaine, M'' Phillip Nelson for leiftennant, and Serjant John John-
son for ensigne to the millitary company at Rowley.

The millitary company of Dedham being destitut of comission officers, DedhammilU-
the Court judgeth it meet to choose & appoint Ensign Daniell Fisher to be "^ "
their captaine, Sarg' W™ Avery leiftennant, & Nathaniel Sternes to be their
ensigne.

The millitary company of Groaten being distitut of millitary officers, the Groaten milli-
Court judgeth it meet to choose & appoint James Parker to be their captaine,
W™ Lakin to be leiftennant, & Nathaniel Lawrence to be their ensigne.

This Court, hauing, by some of the honoured ouerseers of Harvard Col- Courts resolue
ledg, received a narrative of the vncomfortable debates & motions at the sajd g, feiiows of
coUedg lately happening, yet judge not meet at present to take the same into ^^""'^''"^ ^°^-
their cognizance, but, considering of what great moment it is that the worke
be not obstructed, which, by divine blessing, hath been of so great advantage,
doe declare that they highly approoue of the pious and dilligent endeavor's &
actings of the honored & reuerend ouerseers therein, and doe further comend
it to their care & prudence (to whom it propperly belongs) to promote a re-
setlement and encoiu'agement of that society, & that it be, from time to tjme,
so inspected that it may, by the blessing of God, answer the cost & expecta-
tion of such whose hearts the Lord hath or shall mooue to bring up their
childi-en in those studdyes ; likewise declaring, if this meanes shallbe inef-
fectual!, they shall, vppon all occasions, be ready to manifest their due resent- a rate of 3 q'fs



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 67 of 77)