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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graunt to the id Papisseconaway & his men or associates about ISTaticot, g'o™awa^'^^°'
aboue M' Brentons lands, where it is free, a mile & a halfe on either side
Merremacke Eiuer in breadth, & three miles on either side in length, pro-
vided he nor they doe not alienat any part of this graunt, w'^'out leaue &
licence from this Court first obtejned.

In ans"^. to the peticon of Tho Clarke, George Coruin, & Tho Lake, for Ans' to M'

iin 1 /^ • 1 1 ' 11 1 •• Clarke & Lake

themselves & company, the Court judgeth it meete to allow the petitioners ^ compa petic.
two yeares liberty more for the setling of their plantation, as is desired.

In ans"" to the peticon of M"" Joseph Rocke, by the acts of the County Ans' to M'
Court in reiferenc to the estate of Sam Eobbinson, it being doubtfuU whither sa. Eobbinsons
the will be vnder probate or not, but the testimonys are most full, that Sam ™'^*-
Robbinson was rationall at the making & signing thereof, the Court judgeth
it meete to order, that the administration stand firme w"" the will annext, as
their direccon in disposing the estate of the sajd Sam Robbinson.

In ans' to the peticon of Nath Sternes & Anthony Fisher, the Court sees Ans'toStcmes

pctiCO.

no cause to graunt their recLuest.

It is ordered by this Court, & the mint master is hereby enjoyned out of






THE RECOEDS OF THE COLONY OF



100 2.

■ r ■'

7 May.
Order for coyn-
ing 2'^.



[*402.]

Springfeild,
Northampton,
& Hadley
called Hamp-
shire-



Ans' to wid-
dow Palmers
peticon.



Courts sen-
tence ag' Jn"
Baker, &o.



the first bullion that comes to Ms hand to coyne two penny peeces of siluer in
proportion to the just value & allay of other monys allowed heere, to answer
the occasions of the country for exchange; that is, the first yeare fifty pounds,
in such smale money for euery hundred pounds by him to be coyned, & for
after time twenty pounds in like smale money annually for euery hundred
pounds that shall be coyned. & this order is to continew in force for seuen
yeares, any lawe to the contrary notw"^standing.

* Forasmuch as the inhabitants of this jurisdiction are much encreased, so
that now they are planted farre into the country vpon Conecticott Riuer, who
by reason of their remotenes cannot conveniently be annexed to any of the
countyes already setledj & that publicke afiaires may with more facility be
transacted according to lawes heere established, it is ordered by this Court &
authority thereof, that henceforth Springfeild, Northampton, and Hadley shall
be & hereby are constituted as a county, the bounds or Ijmitts on the south
to be the south Ijne of the pattent, the extent of other bounds to be full thirty
miles distant from any or either of the foresajd tounes, & what tounes or
villages soeuer shall hereafter be erected w'^'in the foresajd precincts to be &
belong to the sajd county ; and further, that the sajd county shall be called
Hampshire, & shall haue & enjoy the libertjes & priviledges of any other
county ; & that Springfeild shall be the shire toune there, & the Courts to be
kept one time at Springfeild & another time at Northampton ; the like order
to be observed for their shire meetings, that is to say, one yeere at one toune,
& the next yeare at the other, from time to tjme. And it is further ordered,
that all the inhabitants of that shire shall pay their publicke rates to the
countrey in fatt catle, or young catle, such as are fitt to be putt off, that so
no vnnecessary damage be put on the country; & in case they make pay-
ment in corne, then to be made at such prises as the lawe doe coiiionly passe
amongst themselves, any other former or annuall orders referring to the prises
of corne notwithstanding.

In ans"^ to the petition of Lef ' Rich Cooke on behalfe of y" widdow
Palmer, the relict of Walter Palmer, & Elihu, their sonne, the Court approoves
of the will of the sajd Walter Palmer, as it is now prooved by the oathes of
W", Samuell, & Nathaniel Cheesbrough, & order the execcutor to giue oath to
the inventory.

The Court having considered the case of John Baker & Thomas Baker,
represented to this Court by the records of the County Court at Ipsuich,
together w"» what the partjes could say for themselves, in helping John Perly
out of the prison there, who was sentenced to be whipt severely for his
stealing of a mare, the Court sentenceth them to be seuerely whipt w""



THE MASSACHUSETTS BAY IN NEW ENGLAND. 53

tenn stripes apeece forthuith, & be bound to their good behauiour w*'^ suretjes 1 G 6 2.
of twenty pounds apeece till the next County Court at Ipsuich. "" '' '

In ans' to the petition of John & Thomas Baker, the Court, considerino; „ ,!^'''

■*■ ' J D Suspeiition Oi

the humble acknowledgement of the petitioners, & their ample justiffication J"" Bakers exe

J? 1 1 • i» 1 T cution.

ot the authority ot the country, doe order the execution of the sentence of
this Court against them be suspended till the next session of this Court, the
prisoners giving bond w"" security to the value of fiffty pounds a peece for
their personal! appearance at this Court, & in the meane time to be of good
behauiour ; & it is ordered that John Gold also then appeare & giue like
bond of good behaviour to the magis'' of Ipsuich, at or before Salem Court,
or els by id Court be coinitted to prison. Security was giuen accordingly by
y= parties, Jn° Baker, y" father, & Tho Deane.

In ans'' to the petition of the inhabitants of Groaten, this Court declares, Ans' to Gioa
that the comittee for setling the plantation by order of this Court haue made *^° v^^^i^on.
sufficjent provission for the inhabitants setled & like to setle there, & therefore
see no cause to graunt this petition.

Whereas the comissioners of the Vnited Colonjes, at their last meeting A plantation
at Plimouth, made it their desire vnto this Court to graunt a convenient quan- caXawasset &
tity of land in the Pequot country for a plantation vnto Cashawassit & the ^° ^^'1"°*'^

under him, &o.

Pequot Indians, our subject vnder his coinand, who now plant vpon the lands
formerly graunted by this Court vnto the English, & possessed by them, this
Court doth graunt vnto the sajd Cashawassett, aljas Herman Garret, & the
Pequot Indians that are placed vnder him, eight thousand acres of land, in
any place of the Pequot country vnder our jurisdiction not formerly graimted,
for a touneship & plantation to the sajd Indians & their posterity, provided they
continew vnder our subjection, & shall not sell or aljeinate the sajd lands, or
any part thereof, to any English man or men w"'out this Courts approbation ;
& the sajd Cashawassett & his people are to finde out a fitt place, & Cap?
George Dennison, M' Amos Richardson, & Thomas Minor, or any two of
them, are to see the same layd out accordingly, & make a returne to this
Court.

*Vpon complaint by the Indians, & some English, that dwell in the [*403.]
Narrow Ganset countrey, that one John Ashcroft, an Englishman now dwelling Indians compV

ag' Ashcroft.

in Souther Toune, hath, w"" great inhumanity, broken open & robbed an Indian
graue, wherevpon the Goiino'' sent a warrant to the connstable of Souther
Toune to apj^hend the sajd Ashcroft & send him to Boston to answer accord-
ing to his demerrit, but the sajd connstable hath not executed the sajd war-
rant, alleadging that the sajd Ashcroft is vnder attachments for debt, to respond
before the coinissioners at Southertoune, therefore did not send him to Boston,



54 THE RECORDS OF THE COLONY OF



7 May.



1 G G2. pleading ignorance of the lawe & his duty in that respect, the premisses con-
sidered, this Court doeth declare, that the constable of Souther Toune' hath
neglected his oath & duty, and also doe order the secretary forthwith to
issue out a warrant from this Court to the connstable of Souther Toune to
attach the body of John Ashcroft, & him safely to keepe vntill he giue suf-
ficjent security to the value of tenn pounds to appeare before the wofp*"" Cap?
Daniel] Gookin, Capt George Denisson, & Left W" Hudson, who are im-
powred (or any two of them, whereof the sajd Capt Gookin to be one) to
heare & to determine the sajd case, and if they shall finde the sajd Ashcroft
to be guilty of so inhumane ah act, to sentence him to make sattisfaction, by
fine, to the sajd Indians, or otherwise to be corporally punished as they shall
judge meete.
Minors cnmpl' Whereas there is a complaint made by Thomas Minor, of Southerton, &

Q^rrt yo Indinns.

the comissioners of the sajd toune in his behalf, concerning injurjes offered &
donne in deteyning horses from the sajd Minor, & threatening speeches to kill
the sajd Minor & his company by certein Indians of the Narrowganset coun-
try, living at a fort, ouer whom one called Shumatucke is sachem, this Court
doeth order, that Cap? Gookin, w"" an inter;pter, doe repaire to the sajd fort, &
declare vnto the sajd sachem & his people, that, if the aforesajd complant be
true, that then this Court is justly offended w"' such injurious & insolent deal-
ing w"" our people, in this & other respects, requiring them for the future to
desist & for beare such courses, either in words or actions, as in abusing any
of our people in their travaile, throwing stones at them, robbing them^ or seaz-
ing vpon their horses & catle, & hiding them out of sight when demaunded,
& then requiring large soiiies in wompom & strong waters for taking them vp,
or otherwise vsing any threatening words to our people ; also, to require the
sajd sachem to make restitution vnto Thomas Minor to his sattisfaction, or
otherwise to appeare before the coiJiissioners of the Vnited Colonjes, at their
next meeting at Boston, to cleare himself.

200 acres layd Layd out two hundred acres in a convenient place, not yet disposed or

Smith, &c"^^ giuen to any, in the south side of the lands formerly graunted to Harman
Garret, vpon Asibath Eiuer, & in the north side of the lands graunted to the
Indians of Marlborough for the Indian plantation ; one hundred seventy eight
acres of the sajd two hundred acres is vpland, and lyeth in a grand square, the
first Ijne runing west & by south, the second line running south by east, the
third line running east & by north, the fowerth Ijne runing north & by west ;
also, wee vnderwritten did lay out two acres of meadow in the west side of
the aforesajd one hundred seuenty eight acres of vpland, which sajd two acres



THE MASSACHUSETTS BAY IN NEW ENGLAND. 55



7 May.



of meadow joynetk to the sajd vpland. Also lajd out vnto the aforesajd 1662.
Georg Smith twenty acres of meadow on the north east side of the afore-
sajd one hundred seventy eight acres of vpland, which said meadow joyneth
on the north to Assibath Pond, and is bounded on the east w"^ a pine swampe
and vpland, and Ijeth in the manner of a halfe moone, and is parted from
the aforesajd demised tract of one hundred seventy eight acres of vpland
by a parcell of vpland & a highway which leadeth from the lands formerly
graunted to Harman Garret to Sudbury mill, all which foresajd one hundred
seventy eight acres of vpland, and twenty two acres of meadow, so butteld &
bounded, was measured by vs vnderwritten the begining of March last past.

EDMOND GOODENOW,
THOMAS NOJES.

The Court allowes & approoves of this returne.

*In ans'' to the petition of Benjamin Gillam, Sen, the Court declares that [*404.]
the ffines at present due to the county for y^ delinq^uency of the petitioners To the Countja
wife being payd, w* exception of Such part thereof as arise from the time a ^t M'
of hir inabihty to attend publicke ordinances alleadged, if prooved, she may GiUams peti-

con.

be dischardged from prison, provided shee keepe w"'in hir oune house, at-
tending such meetings as the law provides, & no other ; it is further ordered,
that the fines for the peticoners wife delinquency be suspended the execution
vntill the petitioners account, mentioned in an other petition, be audited &
determined.

Capt Robert Lord, comander of the ship S' George, being sent for, the Order ab' Ann
Court declared, that they sent for him to giue an account for his bringing in cap« Lord
Ann Coleman, Quaker, a decrepit person, a notable & fitt instrument of that *^"'"^"
cursed sect, duulge their tenents, & came furnished w* many blasphemous &
hceretticall bookes, which she had spread abroad ; that he had forfeited one
hundred for so doing. Capt Lord openly declared that when he received the
passage mony for sd Anne Coleman, he did not know hir to be a Quaker, & is
sencible of his doing the country injury in it, for which he is sorry, & prof-
fered that he would keepe hir on board till he went hence, & then carry hir
from hence to the place from whence he brought hir. The Court considering
his ingenujty in his tenders, & also the injury offered the country by his
bringing such an instrument of Sathan, the Court judgeth it meete to declare,
that the soine of one hundred pounds, w"^*" he had forfeited, shall be remitted,
he only paying a barrell of pouder for a fine to the country surveyor generall,
& that he suffer not the sd Ann Coleman to come on shoare, but keepe hir
on board whilst he is heere, & carry hir henc to the place from whence he
brousfht hir.



56 THE RECORDS OF THE COLONY OF

1 G 6 2. It is ordered, that Majo' Eliazer Lusher joyne to keepe County Courts

' Y ' in Salisbury, Hampton, & Douer for this yeare ensuing.

Itt is ordered, that for & in consideration of M' Thomas Danforth his

Maj' Lusher to

keepe Douer & furnishing the coinissioners to Yorke, i. e., MJ'^ Geiill Denison & Maj'' "W™
Courts. Hawthorn, w* tenn pounds money, shall haue graunted him, as an addition to

M' D.mrorth the two hundred acres of land graunted him by this Court in 6"^ page of this

griiunt for 10"

money, &c. session, SO much land lying betweene Whipsufferage & Conecticutt path, ad-
joying to his farme, as old Goodman Rice & Goodman How, of INIarbleborow,
shall judge the sajd tenn pounds to be worth, and they are impowred to bound
the same to him.
300 acres to In ans' to y" petition of Phineas Prat, of Charls Toune, who presented

this Court w"" a narrative of the streights & hardshipes that the first planters
of this colony vnder went in their endeavo'^ to plant themselves at Plimouth,
& since whereof he was one, the Court judgeth it meet to graunt him three
hundred acres of land where it is to be had, not hindering a plantation.
Coinittee ab' In ans'' to the petition of the inhabitants of Boston, craving the favor of

ration or ad- ^^^^ Coui't for some further power in refFerence to the well ordering of trade
dition of power, ^ tradesmen, & the suppressing of the vices so much abounding there, the
Court judgeth it meete to graunt theire j)etition, & doe order & impower
Francis "Willowgby, Es^, Maj' W" Hawthorne, M' Henry Bartholmew, Cap?
Francis Norton, Capt Edw Johnson, & M' Edward Collins as a coinittee to
pervse the charter now in Court, & consider how farr its meete to be granted,
or what els they shall judge meete for the attayning of the ends aboue men-
tioned, & to make returne of what they shall conclude vpon to the next Court
of Election.
[*'i05.] *Itt is ordered, that Majo'' John Leueret haue graunted to him fiue hun-

1000 acres of (J^d acres of land, referring to his services for the country both in England &

land graunted

to M' Jn« LeS- here, w'^'' fiue hundred acres shall be lajd out to him, together w*'' fiue hun-
^j_ ' dred acres more formerly granted to him in refierence to his fathers adven-

ture of the soine of fifty pounds put into the publicke stocke, in consideration
whereof Bruisters Islands were formerly graunted to y* sajd INIajo"^ John
Leueret, but since adjudged by this Court to belong to the toune of Hull ;
wherevpon the Court graunted the fiue hundred acres last mentioned; this
• thousand acres to be lajd out in any one place, not fjudicjall to a plantation,

that is free from former grants ; & Ensigne John Euered aljas Webb &
Jonathan Danforth are hereby appointed to lay out the two grants aboue
mentioned, & to make retarne thereof to the next Court of Election.
Ans' to Rich. j^ ^ns"^ to the petition of Richard Knight, humbly desiring this Courts

Knights peti- "^ o J J D

00. favo'' to remitt the forfeiture of forty shillings for not prosecuting an appeale



THE MASSACHUSETTS BAY IN NEW ENGLAND. 57

his wife made in his absence w"" Jn° Witherden, from y'' coinissioners of Bos- 1662.

ton judgm' in June last, he being sattisfied w"" the id judgm', & not desiring ^" "^ '

7 May.
to put the Court or others to trouble, &(3, the Court judgeth it meete to

graunt his request.

Layd out to M"^ Edmond Batter, of Salem, two hundred & fifty acres of M' Batters
land, more or lesse, in the wildernesse on the north side of Merremacke Riuer, allowed &c.
and oa the west of Beauer Brooke, begining at a place called Double Brooke
Meadow : it joynes to Beaver Brooke about sixty tAvo poles ; it lyeth forty
two pole wide at the southe"^ end, and so Ijeth on both sides of Alewife
Brooke, and reacheth vp to agreat pond coinonly called Long Pond, w* lyeth in
the way betweene Patucket & Jeremjes Hill ; all which is sufficiently bounded
by marked trees, & is more fully demonstrated by a plot taken of the same by
Jonathan Danforth, surveyo''. 3 in, 1663. The Court allowes of this returne,
so it exceede not two hundred & sixty acres.

Layd out to Arthur Mason, of Boston, one hundred acres of land in the Arthur Masons
wLldernes on the east of Merremacke Riuer, being bounded by M"^ Duiner on o„™^'^ "^
the south, one hundred & eight pole; by Merremack Pduer on the west; by lOO acres.
land lately layd out for Billirrikey on the north, one hundred seventy eight
pole ; the wildernes elswhere surrounding, according to marked trees bounded
w"^ E, as by a plot taken of the same is more ffully shewed by Jonathan
Danforth, surveyo^ The Court allowes of this returne, so it exceede not
one hundred acres.

*Lajd out to the wofpff" M'' Symons five hundred acres of land, more or [*406.]
lesse, in the wildernes on the north of Merrimacke Riuer, lying by the the M' Sam. Sy-

monds 500 ac's

riuers side, (right ouer against M''^ Margaret Winthrop farme of three thou- Und lajd out.

sand acres, which Ijeth in the bounds of Billirikey,) at the mouth of Concord

Kyuer, vpon a bi-ooke called by the Indians Pophessgosquockegg, begining

about one hundred forty sixe pole below the sajd brooke, & so runing from

Merremack vp into the country northwest & by north about fower hundred

ninety fower pole, then runing southwest & by west about one hundred ninety

fower pole, then runig doune to Merremake againe, w='' west side of it is

three hundred seventy thi-ee pole, and by Merremack Kiuer vpon a crooked

Ijne two hundred & twelue ^ , but vpon a square Ijne one hundred fifty &

fower pole, which parcell of land is about fower hundred & seventy acres ;

also, lajd out to him a parcell of meadow of about thhty acres, lying in Smale

Spaugs, at the head of this Saxme, the which lyith w^^in three quarters of a

mile of the land. The whole is fiue hundred acres. Lajd out & bounded by

Jonathan Danforth, surveyo"^. The Court approoues of this returne.

VOL. IV. PAKT II. 8



58



THE RECOKDS OP THE COLONY OF



1662.

8 October.

[*407.]



All processe to
be in his maj^y"
name.



Order for pub-
lishing his
maj'J" letter,



A day of
thanksgiving.



Keepers of
prison danger.



*Att the second Sessions of the Generall Court, held at Boston,

8"' of October, 1662.

THE whole Court being mett together, his majestjes gracious letter, hauing
binn presented to our Gouerno'' & llagistrates, (by our honored & faith-
full freinds & coniissioners, Symon Broadstreet, Es^, & the Eeuerend M'
John Norton, lately returned,) was coinunicated & reade by the Gouerno'^ to the
whole Court.

Att which tjme, also, the other letter from his maj'^ relating to the iron-
workes was also read.

Itt is ordered by this Court & the authority thereof, that henceforth all
writtSj processe, w*'' indictments, shall by all magistrates, the secretary, clarke
of the seuerall Courts & writts, be made & sent forth in his maj'^'^ name, i. e.,
— yow are hereby required, in his maj'^'^ name, &d, — any vsage or custome
to the contrary notw*standing.

The Court, hauing duely considered of his maj'y^ letters now in Court, &
the contents thereof, doe hereby order the publication thereof.

And forasmuch as the sajd letter hath influence vpon the churches as well
as the ciuil state, itt is further ordered, that all manner of actings in relation
therevnto be suspended vntill the next General Court, that so all persons con-
cerned may haue tjme & oppertunity to consider of what is necessary to be
donne in order to his maj'^^ pleasure therein.

The Lord having graciously answered our publicke prayers in sparing
such a part of the fruites of the earth, whereby man & beast may be susteined,
(w* the Lord threatned to deprive vs of by the late extreame droueth,) also
the safe & speedy returne of our publicke messengers sent for England,
together w* the continuance of the mercjes of peace, libertjes, & the gospell,
this Court doeth appoint the first Wendsday in Nouember next to be kept as
a solemne day of thanksgiving vnto God for his grace & favour in the prem-
isses, & doe comend it to all the churches & people of God in this juris-
diction to keepe the same accordingly.

Complaint being made to this Court of abuse offered to justice thro
liberty graunted by the keepers of the prisons to such persons as stand
coinitted for payment of fines, & on execution graunted in ciuil cases, this
Court doe order, that no person or persons, coinitted as aboue sajd, shall be
permitted by the keeper of the prison to goe at liberty w*''out the precincts of
the prison but by the license of the Court that coinitted him, or of the
credito"" for whom execution is graunted, on prenalty of paying the fine
imposed, & sattisfaction of the execution in any ciuil case.



THE MASSACHUSETTS BAY IN NEW ENGLAND. 59

Whereas the lawe, title Treasurers, doeth not so fully explane itself as is 1662.
intended, in order to the execution of the same in refferenc to county "^

. , T . . , 8 October.

Treasurers, this Court declares, that the same power & direction giaen to the _ ,
country Tresurer in his place is likeuise intended to the county Treasurers in ty Tresur".
his place & limitts, for the better dischardge of his duty ; & that euery conn-
stable betrusted w"' the collecting of any county rate which doeth not ■w'Mn
his yeare pay in his respectiue county rate, & make vp his accounts w"" the
Treasurer, from w'='' he had warrant so to doe, such constable shall forfeite to
the county forty shillings for his defect, & be liable to cleere his accounts w*''iu
two months ; & that euery county Treasur' shall present the names of such
constables as shall neglect their duty to the next County Court ; & that corne
or other goods payd into the county Treasurers shall be at the same prices
that this Court shall from time to tjme set for the country rate from yeare to
yeare, any custome or vsage to the contrary notw^'standing.

Whereas it hath beene cornonly practised that attachments haue bin Marshalls may
directed to y" marshall to be served in any toune vnder the jurisdiction of that J^^~
Court whereof the marshall is officer, notw*''standing the lawe doeth order
that all attachm*^ shall be directed to the constable in such tounes where no
marshall dwells, it is hereby ordered & declared, that the sd custome shall be
accounted legall, & shall not abate the proceeding to the trjall of any cause,
provided no more costs be chardged on the defend'* then by lawe are due to a
constable for serving attachra'^

*This Court heretofore, for some reasons inducing, did judge meete to [*408.]
suspend the execution of the lawes against Quakers, as such, so farre as they Order for vaga

. ' bond Quakers

respect corporall punishment or death, during the Courts pleasure. Now, in force,



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 7 of 77)