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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ment as to the obstructor's hereof grante .

Prizes of come,

Itt is ordered by this Court and the authority thereof, that all sorts of to y rate,
come payd into the country rate this yeare shallbe at these prizes ffollowing, bariy„a'uit,"^ry^
viz' : wheat at five shillings ; barly, and barly mault, and rye at fower shil- * V tush.,

pease & ludjan

lings p bushell ; pease and Indjan at three shillings p bushell ; all good and at 3'.



568



THE RECORDS OF THE COLONY OF



1G73.



15 October.



Quobaugiie a
touneship
named Brook-
feild.

Condi tionall
divission of
lands there.



Ans' to Ruth
Ellice petico.



[*730.]

Midlesex &
Yorks gen.
traynlB.



Artilley prant
of lOOn acres
lajd out.



merchantable come ; and wliateuer els is payd into the country rate to be payd
at money price, prouided that no leane catle or horses is heereby intended.
And it is furtlier ordered, that if any person shall pay their country rate in
money, they shallbe abated one fourth part of their sajd rates ; and for the
defraying the charges of the Castle, it is heereby ordered, that there shall be
levyed this present yeare one single country rate, w* shallbe payd to such as
are appointed to carry on the ■worke of the Castle, respect being had to the
declaration made by the council in their order for a free contribution towards
the same ; and that there be also raysed three quarters of a single country
rate to be pajd into the publicke Treasury, for the vse of the country, and that
the port tounes, promised their rates in 1672 towards ffortiffications, be al-
lowed their tounes proportions in the sajd three quarters rates, to answer the
sajd order.

In ans'' to the petition of the inhabitants of Quobauge, the Court judgeth
it meete to grant their request, i. e., the liberty & priuiledge of a touneship,
and that the name thereof be Brookefeild, provided they divide not the whole
lands of the touneship till they be forty or fiuety familyes ; in the meane time
that their dividings one to another exceede not two hundred acres to any pres-
ent inhabitant.

In ans'' to the petition of Ruth Ellice, widow, of Dedham, humbly de-
siring to be enabled by this Court to sell a parcell of hir late husbands lands,
vpland, nere to Meadfeild, for the maintenance & support of hirself & three
children, and that she & hir brother, Richard Ellice, may be enabled & im-
powred to give firme assurance of some lands that hir late husband sold &
tooke payment for in his life time, on a second motion from the sajd wid-
dow, seconded by M"^ Joseph Dudley & Eusigne Fisher, the Court grants hir
peticon.

*Whereas the generall trayning in the county of Middlesex for this
yeare having binn hitheto deferred by the pressing occasions of the country,
and it being now so late in the yeare that the healths & Hues of men may be
endangered, this Court doeth therefore order, that the sajd regimentall excer-
cise be suspended this yeare, and the majo' of the sajd regiment is hereby
ordered to attend the sajd excercise the next ensuing yeare, at such time as he
shall judge most convenient ; and the generall trayning in the county of Yorke
to be attended as the law directs notw^standing.

Artillery of Boston, theire farme lajd out September 11"^, 1673, one
thousand acres of vpland & meadow, and is from a red oake tree marked A,
by a gully side, on the banke of Merrimake Riuer, on a streight Ijne, wesb:
south, one mile and three quarters, by marked trees, ynto a pine at B, by a



THE MASSACHUSETTS -BAY IN NEW ENGLAND. 569

meadow called Spectacle Meadow ; from B to C^ and about the meadow to D, 167 3.
taking in those two first patches of meadow, w"'' meadow is estimated at thirty '" ^ ""
acres ; from D to E, by the brooke called Specticle Brooke, which brooke runs
into Nashaway Eiuer ; from E to F, by Nashaway or "Watananock Riuer into
Merrimak Eiuer. The Court doeth approove of this returne, and doe further
grant the artillery company, as an addition, the quantity of five hundred acres 500 more add-
more, y'' grant being aboue thirty yeares since, prouided that the five hundred * '
acres be lajd out in some convenient place next adjoynig to the plantation
now granted.

In ans' to the petiobn of the inhabitants of WoUonopaug, the Court 17 8 mo., 73.
judgeth it meet to give the peticoners all due encouragement conduceable to ^™ntham.
their setlement, together w"^ the present minister, according to their desires ; pauge a toun
and to that end doe heereby grant them all the libertjes & priviledges of a Vrentham
touneship, their extent to be as by agreement betweene Dedham & them, and
that it be called Wrentham ; and for the better carrying an end of their pru-
dentiall affaires, together w*"^ what els may occurr tending to advance a planta-
tion there, doe hereby appoint & empower Capt Hopestill Foster, M' Willjam
Parks, & Capt Daniel Fisher to be a coinittee to joyne w"" any such two of A eomittee.
them as shall from tjme to tjme be chosen, and what they or the majo'' part of
them shall doe in any the respects aboue mentioned to be vallid, and their
power to continue till the Court take further order therein ; and further, doe
also grant that they shallbe free from all country rates for fewer yeares now
next ensuing.

In ans"^ to the complaint & peticon of M'' John Oxenbridg, M'' James AUin, An' to M-
& M' Anthony Stoddard, the Court judgeth it not meet to grant their request, ^5^ peticon 'or
the case, as stated by them, having neuer binn heard in any inferior Court. compi'.

In ans'' to the petition of Richard Foxwell & Richard Comins, craving Ans' to Fox-

_. 11111 n ^^1^ ^ Coming

the Courts favo'' to order a eomittee vpon the place where they dwelle to peticon.
heare the allegations on both sides, the Court judgeth it meet to grant their
request, and doe heerby nominate and appoirrt Cap? Richard "Walderne, M'
George Monjoy, M"" Roger Plajsted, Capt John WincoU, & M"^ Edward Rish-
worth, or any three of them. Cap? Walderne being one, who are heereby im-
powred to sumon all persons concerned before them, and to heare & examine,
vpon oath, such wittnesses as cann testify in the case, giving due notice before
hand of the tjme of their meeting, and what they shall finde in the case to
make a true report thereof to the next Court of Election, that so all matters
of differences may be setled by this Court, and Cap? "Walderne to appoint
tjme & place of meeting, & M' Rishworth is heerby impowred to grant out
warrants to all partjes concerned accordingly.

VOL. IV. PART II. 12



570



THE EECORDS OF THE COLONY OF



1673.




[*731.]



In ans' to the peticSn of Thomas Parks, the Court judges it meete to
grant the peticoner a hearing of the case petitioned for on the first third day
of the weeke after the next election, he, the sajd petitioner, giving notice to
all persons concerned to attend the issue.

*In ans' to the motion or request of M"" John Payne, humbly desiring



Ans' to Marl-
torough pe-
tions.



Courts grant- ^^^^ Court to order the runing of their southerne lyne to Hudsons Eiuer, en-
ing M' Jn» gaging, if this honoured Court shall, in theire -wisdome, thinke fitt to strengthen

Paynes request

to runne the him by their authority, y' he will faithfully & vigorously endevo' an effecting
to Hudsons thereof by persons that may be approoved of by the hon"'^'^ GoQno"', or by such
^^^^^- a coinittee as this honoured Court shall appoint, w^out any charge to the col-

ony but what the honofble Gen Court shall judge a meet grattiffication in land
to those persons that shallbe at the charge and pajnes thereof, the Court
judgeth it meet to grant the request aboue written.

The Court, having read & considered the petitions from Marlborough, doe
judge meet to respitt any answer to them vntill the coinittee for that toune
Comittee for haue made their returne ; and doe heereby more particcularly declare, that

Marlborough, . , _. i i ■ _. . . -, n, r m • t rr- i

their power, the sajd conuttee are by their comission invested w" lull power in dimcuit
cases to make asquitable allowances out of the coinon vndivided lands by way
of sattisfaction to any person wanting his due proportion granted by the toune,
and for the issuing of such differences wherein they cannot finde a more ready
& just way of composing them ; and in the meane tjme, vntil this Court take
further order, if any person shall presume to act contrary to the deter-
minations of the coinittee, they must expect to be proceeded against as con-
temners of the authority of this Court.

In aus' to the peticon of Mary Stowers, it is ordered, that the peticoner
& administratrix to Joseph Stowers estate shallbe & hereby is empowred to
make & seale a firme deede of sale vnto Robert Carter of the three acres & a
quarter of land, as in the sajd petition is exprest.
Ans' to cap' of In ans' to the proposalls of Capt Roger Clap, cap? of the Castle, the

tition whole Court, hauing heard the case, reffer the consideration and answer

thereof to the coinittee of the Castle, to giue such farther orders and directions
therein as they shall see meet.

Peach & Harts •'

case deter- In ails'" to the peticoii of John Peach, and on a hearing of the partjes con-

cerned, the Court judgeth it meet to order, that possession of the house &



Ans' to Mary
Stowers peti-
con.



mined.

Ans' to the pe-

tion of Tho. land in the hands of Jonathan Harte be given to John Peach, to enjoy to him

Bratle, James ...

Parker, &c, a & his heires according to his former deed, & costs of this Court, Ipswich
new plantation ^^^^^ excepted, in all sixe pounds fiueteen shillings.

gr'ed them i. > l □

about Groaton, In ans' to the petition ^ M'' Thomas Brattle, James Parker, Jonathan

ble. Tyng, Willjam Lakln, in behalfe of themselues & others joyning in their



17 October.



THE MASSACHUSETTS BAY IN NEW ENGLAND. 571

humble petition, to desire the favour of this Court to grant them liberty to 1673.
setle a plantation w* their farme, and a considerable tract of land belonging
to the country being environed w*"^ the proprieties of particcular persons &
tounes, as by the Ijne of Chelmsford, and by Groaten lyne, and by M' Bren-
tons farme, by Souhegon farmes, and beyond Merrimack Riuer by the outer-
most Ijne of Henry Kemballs farme, & so to Chelmsford Ijne againe, as also
such imunitjes to the plantation as this Court haue formerly granted to other
new plantations, the Court judgeth it meete to grant their requests, prouided
that a farme of fine hundred acres of vpland & meadow be lajd out of this
tract for the countrys vse, and that they proceed in setling the plantation as
to finish it once within three yeares, & procure & mainteyne an able & ortho-
doxe minister amongst them.

The coinittee of the Generall Court appointed to auditt the Tresurers Tresum ac-
accot, hauing examined the same, declared that they finde on ballanc there is „

° ■' Seer' allowano

due to the Tresurer one hundred & eight pounds seven shillings & nine pence, for pablik writ-
in w* account they declare y' there is sixteen pounds ten shillings allowed,
pajd the secretary for extraordinary publike writtings, w'^'' they left to the Court
to determine. The Court allowes & aprooves of the returne of y^ coinittee, and
accept of the accot, and allow the sixteen pounds ten shillings to the secretary.

M'^. Write M"" Vsher. "Whereas in last acco' there was due in England
in Capt Peirc^ hand 144 10, there is draune off by y^ coinittee 44 10=; so
rests due one hundred pounds.

*The Court, hauing appointed & sett a day for the hearing of the case of [*732.]
Theoder Atkinson, Jun, being bound ouer to this Court, & John Willjams, C^ou^s resolue

m Atkinsons

bound to prosecute the partjes, appearing, & duely heard, it was put to the case,
quaest whither, vpon all circumstances in the case of Theoder Atkinson, he be
justiffiable in what he did, in the capacity he was in, by taking such possession
of the house. It was resolued on the negative.

Three hundred acres of land belonging to Lef ? Richard Beers, granted Lep Beers 300
by the Generall Court, and joynes to M"" Georg Broughtons land, lying neere ''"^^ ^''
Douer, according to this platt, A B C D A, lajd out by me,

RICHARD WALDERNE.

The Court approoves of this returne. Y® plat is on file

Capt Thomas Clarke was chosen sarjant majo' to the regiment of Suifolke Cap' ciaxTc s'
by y^ whole Court giving in their votes by papers. ^j^" °

This Court was adjourned to the 6* of January.



572 THE KEC0RD8 OF THE COLONY OF

1673. *Mt a Speciall Generall Court, called by Order of the Council, ana
assembled together in Boston, 10"" December, 1673.



10 Decem'ber.

[*733.]



Present, Jn° Leueret, Es^, GoQ,

Sam Symonds, Es^, Dep' GoQ.

Symon Bradstreet,

Daiiiell Gookin,

Daniel Dennison,

Symon Willard,

Rich Russell,

Tho Danforth,

Edw Tyng,

W" Staughton,

Thomas Clarke, Es^s.

The names of y" deputjes returned to sitt, & sat at y^ Court, were, —



A^



T the opening of this Court, the whole Court being mett together, the
GoQno'^ acquainted the Court w"" the grounds of the councill actings
in refFerenc to their endeavors to preserve this colony in peace, and w^all
seuerall letters coming to his hand, directed to him, to be comunicated to the
council, from the goQno"' & council at Conecticott ; the one bearing date from
Hartford, 26 of Nouember last, the other of 29"^ of y* same month, both in-
forming of the threats & insolency of Mouns' Colne, & the Dutch w"^ him at
New York ; both letters were read, as also one from Pljmouth. Also, a letter
from Mounseur Colne, of their taking fower of our catches, & sending the
men home. The letters are on file. The Court returned an ans' to our con-
foederates at Conecticott, as also to Plymouth ; the like all w"'' are on file.

Vppon the Courts consideration of the whole, judged & declare that
God doth call them to doe something in a hostile way for their oune defence.
A ship <Sr ketch It is ordered, that there shallbe forthwith a ship fitted forth for the de-

ffence of our coast & vessells, and that the ship Anthony, formerly ordered by
the councill to be fitted for this service, shallbe the ship ; as also that there be
added one smale ketch alike fitted out to attend that service.

170 foot soul- n 1 1 • /-I J 1 1-1

djers, besids Itt is heereby ordered by this Court and the authority thereof, that there

UsTr&'in°a^^ ^® forthwith impressed and Ijsted in the regiment of Suffolke one hundred and
readines for seuenty foote souldjers, in the regiment of Essex one hundred, in the regi-

service ag' y« , , . -

Dutch. ment of Midlesex one hundred, m the regiment of Norfolke & Doner eighty,



10 December.



THE MASSACHUSETTS BAY IN NEW ENGLAND. 573

in the regiment of Yorkshire fiuety, and in the regiment of Hampshire sixty ; 1673.
and moreouer in the troope of SufFolke & Rumneymarsh thirty troopers, in the
troopes of Essex thirty, and in the troopes of Midlesex thirty, in the troope
of Norfolke ten, and in the troope of Hampshire ten ; all the which souldjers
are to be impressed, Ijsted, & armed by the order of the coinittees of militia
of the seuerall tonnes, by order of the majo's of the seuerall regiments, in
refference to the numbers to be rajsed in the particcular company es & troopes.
And it is further ordered, that the sajd listed souldjers & troope'"s shallbe
vnder the comand & conduct (in any expeditions out of the colony) of Daniel
Dennison, Es^, sarjant majo"', coinander in cheiffe ; and that all the horse so
listed be vnder the comand of C. D. ; and that the ffoot souldjers of SufFolke
be in two companyes, vnder the comand of E. E. & G. H. ; & that the ffoote
soiildjers of Essexea; be in one company, vnder the coinand of J. L., as cap-
taine; those of Midlesex vnder the comand of M. N., and those foote soul-
djers of the three other regiment be vnder the comand of O. P. And it is
further ordered, that the souldjers be forthwith impressed & listed as aboue-
sajd, & remajne vnder their present comanders at all times but when they
shall be called out to service as aforesajd ; and that a lyst of the names of the
souldjers, horse & ffoote, be with all speed transmitted to the comanders
abouesajd respectively, and that the forces abouesajd be forthwith in a readines
to march vpon the comand of ^ .

The Court, hauing binn informed that there is one Eobert Stone, master
of a vessell, is lately come from New Yorke, & arrived at Salem, doe judge it
necessary, in order to the present affaire vnder consideration, that the sajd
Stone, together w"* M"^ HoUingsworth, who was lately taken by the Dutch, be
forthwith sent for, by order of this Court, by the secretary, that the Court
firom them may receive such information as y^y can give.

*In ans"^ to the humble petition of John Smyth & Edmond Cooke, mar- [*734.]
riners, of the late ship Antonio, of Portingall, being vnder the sence of their ^^^' ^° Smiths

r ' a ' u ^ Cooks peti-

just demerrits condemned to dye, most humbly supplicating this Courts favour, Eon.

the Court judgeth it meet to take of that sentence of death which they lye c™kel pardon.

vnder, and doe heereby grant them a ffuU & free pardon ; on w"'' a warrant

issued out to the keeper of the prison for their release & dischardge.

The Court resolued by their voate, that they would take into considera- Courts resolue

. - . - » to take into

tien the case as it relates to those that tooke the ship at JNantucket, so tarr as consideration
it concernes this Court to deale in before they breake vp. y' '=''^\°l ''"P

•I ^ Expectation.



The Court, hauing heard the seuerall peticoners reclayraers, relating to a courts resolue
ship brought from Nantucket into this harbour, declares that they judge it not ye°sdshi^/°^
convenient to proceed to a judication of the sajd ship in this Court.



10 December.



574 ■ THE RECORDS OF THE COLONY OF

1673. This Court, vpon the hearing the peticons of Joseph Dudson, Isaack

Molyne, John Alden, and Willjam Darrell, having determined not to heare their
cases, for that the case in which they petition hath arisen from matters acted with-
out the jurisdiction of this Court, at Nantucket, and haue binn vnder the cogni-
zance of New Plymouth gouernment ; also, yet fforasmuch as the complayn-
ants and peticoners doe all proffess themselues to be his majestjes subjects, and
for that the goods brought in the shipps by the sajd Joseph Dudson are prop-
per for the market in England, doe therefore declare, that the sajd Dudson
hath liberty to fitt the sajd ship for England, and is hereby ordered to carry
the sajd ship for England vnto some of his majestjes Courts of Admiralty
there for tryall, where all persons concerned may haue a ffuU hearing of their
case.

This Court is adjourned to the morrow fortnight, being 6"^ January next,
at one of the clocke in the afternoone-




Tlie 6'" of Januarji, 1673.

Present, Jn" Leueret, Es^, Gofl,

Samuel Symonds, Es, D. Go.

Symon Bradstreet,

Daniel Gookin,

Richard Russell,

Tho Danforth,

Jn° Pynchon,

Edw Tyng,

W™ Staughton,

Tho Clarke.

The deputjes present at the last Court.

Cap? Josh Hubbard Speaker for y^ session.

THE Court mett about the time.
Whereas the publick occasions of the country doe frequently require
that messengers be sent post, and, as yet, no stated allowance setled in such
cases, it is ordered by this Court & the authority thereof, that from henceforth
euery person so sent vpon the publicke service of the country shallbe allowed
by the Treasurer after the rate of three pence a mile to the place to which he



THE MASSACHUSETTS BAY IN NEW ENGLAND. 575

is sent, in money, as full sattisfaction for the expence of horse & man ; and no 167 3-4.
inholder shall take of any such messenger or others travayling vpon publicke "^

6 January.

service more then two shillings p bushell for oates, and fower pence for hay,
day & night.

It is ordered by this Court & the authority thereof, that henceforth all
cases of admiralty shallbe heard and determined by the Court of Assistants,
and to be issued by the bench w'^'out a jury, vnless the Court shall see cause
to the contrary, prouided allwayes this act shall not be interpreted to obstruct
the just plea of any marriner or merchant impleading any person in any other
Court vpon any matter or cause that depends vpon contract, couenant, or other
matter of comon sequity in marritine affayres, to be issued according to the
knoune lawes of this colony.

*The Court, vnderstanding that the word impressing of men in the [*735.]
s'euerall regiments expressed in the late order, made the last session for soul- '-'"^'^'^ explicat-

iiig the word

djers to be fitted and in readynes to attend the countiys service for deffence listed.
against the coinon enemy, is diuersely interpreted and vnderstood by the
majo'"s & coinittee of militia, for explanation thereof, it is ordered by this
Court and authority thereof, that this Courts intention is no more then this, —
that so many able persons are to be lysted and fitted w"" fire armes, & required
to be in a readjness at all warnings to attend the service of the country vnder
such officers as shallbe appointed by authority to conduct them in that service
they shall be called vnto.

In ans'' to the petition of Thomas Matson, prison keeper, the Court Ans' to The.
judgeth it meet to order, that a new dwelling house for the keeper of the g^^^
prison be built & finished w^'all possible conveniency, and that the honoured
M' Edward Tyng, M'' Anthony Stoddard, & M' William Parke be a coinittee
appointed & fully irapowred by this Court to treate & conclude w*"^ workemen,
and to order all necessary materialls, w"'' shall be defrayed at the charge of the
country & county, one third by the Treasurer of the county, and the other
two thirds by the Tresurer of the country, as hath binn vsuall in former
times.

The Court, hauing taken into consideration the late order made the last
sessions touching the ship to be sent to England for ti-jall, for some weighty
reasons haue thought meet, and doe therefore heereby declare the sajd order to
be null & voyd.

The company vnder the comand of Capt "W"" Hudson, in Boston, being
destitute of a leiftennant, the Court, judging it necessary that a supply be
made, haue appointed John Hull to be leftennant vnder the sajd cap^ to that
company, and Sarjant Richard Woody to be ensigne to the aforesajd company



576



THE RECORDS OF THE COLONY OF



6 January.



167 3-4. in the roome of the sajd John Hull, and that comissions be granted tliem ac-
cordingly.

The millitary company of Meadfeild wanting a lelftennant, the Court,
judging it necessary that a supply be made, haue appointed Serjant Henry
Addams to be their leiftennant, and that coinission be given him according to
lawe.

In ans'' to the petition of Eichard Hollingsworth, the Court judgeth it
meet to grant the peticoner five hundred acres of land where he can find it
free from any former grant.

This Court was adjourned to the seccond Wednesday in March next, at
one of the clocke in the afternoone.



11 March. *Mt the third Sessions of the Speciall Generall Court, held at
[*736.] Boston, on their Adjournment, IF" March, 1673-4.

Pkesent, Jn° Leueret, Es^, GoQ,

Sam Symonds, Es^^, Dep* Goii.

Daniel Gookin,

Daniel Dennison,

Rich Russell,

Tho Danforth,

W™ Hauthorne,

Edward Tyng,

W" Staughton,

Tho Clarke,



Es^s.



The deputjes were the same as at y^ 1^' session.



ALTHOUGH the Court, after much & serious consideration of the con-
dition of those colonjes, in refference to the actions of the Dutch at
New Yorke, haue thought it most advizeable to expect such further intelli-
gence as might direct to such resolutions as most conduce to the prosperity of
ourselues & neighbours, yet wee cannot but judge it necessary, for the vindica-
tion of the hono"^ & reputation of ourselues and nation, & to secure our peace-
able trade in the Sourid, that ^ vessell or two, w"" about one hundred men,
armed & sequipped as a ship or shipps of warr, be jmediately set out to
represse the insolence of the Dutch in the Sound, who are, w"" an inconsider-



THE MASSACHUSETTS BAY IN NEW ENGLAND. 577

able force there, trjumphing to the amazement & afFrightment of our ffieinds, 167 3-4.



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 68 of 77)