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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forasmuch as new complaints are made to this Court of such persons abound-
ing, especially in the easterne parts, endeavoring to drawe away others to that
wicked opininon, it is therefore ordered, that the last lawe, title Vagabond
Quakers, May, 1661, be henceforth in force in all respects, provided that theire
whipping be but through three tounes ; & the magistrate or comissioners
signig such warrant shall appoint both the tounes & nomber of the stripes in
each toune to be giuen.

Whereas it appeares that, notw^'standing such wholesome orders as haue Order ag' gal-
hither vnto beene by the selectmen of Boston provided for the restraint of all °P'"f '° °^'

•' ^ ton streets.

persons from violent rideing in the streetes of the sajd toune, yet, neuertheless,
many take the liberty & boidnes to gallop fieq^uently therein, to the great
fendaingering the bodies & Hues of many persons, especially children, who
are ordinarily abroad in the streetes, & not of age or discretion suddainly to
escape such danger, this Court, hauTg seriously considered the premisses,



8 October.



60 THE RECORDS OP THE COLONY OP

1662. being carefull to prevent a practise that is like to be of sucb dangerous conse-
quenc, doe order^ that no person whatsoever shall, after the publication
hereof, gallop any horse w*in any the streetes of the sajd toune, vpon
pcenalty of forfeiting three shillings & fowerpence for euery such offence,
vpon conviction before any one magistrate or coinissioner of Boston, to be
pajd to the Treasurer of the county of Suffolke, vnlesse it appeare on extreme
necessity.
Prices of come. Itt is ordered by this Court that the prices of corne for this years

ensuing, ^v'^^ shall be payd in to the country rate, shall be as foil : wheat,
barly, & barly mault at fiue shillings sixepence p bushell, pease and rye
at fewer shillings sixepenc, & Indian at three shillings, all good & mer-
chantable corne J & whateuer else shall be payd in the country rate to be
according to money price, provided that no toune or person shall pay leane
catle in the country rate, & that there be one rate & a quarter for this pres-
ent yeare.

Day of humii- The due consideration of the afflictiue & lowe estate of the cause & people

of God vniuersally, w"" the prevayllng power of Antichrist ouer the Reformed
churches beyond the seas, together w"^ some publicke rebukes of God among
ourselves, doe call aloiid to all that feare God & wish well to Zion, to be lowe
in humilliations, & fervent in supplications vnto God, w* wee comend as a
duty to all the churches & people of God w'^'in this jurisdiction, & desire
they will be instant in season & out of season in the aforesajd respects ; and
in particcular this Court doeth appoint the first Wendsday in December next
to be kept by all in this jurisdiction as a solem day of fasting & prayer in.
the case aforesd.

Result of the The Reuerend M"^ John Wilson, Sen, M'' Richard Mather, M"^ John AUin,

to be printed. ^ '^' Zech Symnies came into the Court, & presented to the Court the result of
the late synod, W^*" the Court, on their pervsall, judged it meete to comend the
same vnto the consideration of all the churches & people of this jurisdiction,
and for that end ordered the printing thereof, the originall copie being left
on file.

John & Tho. John & Thomas Backer appearing in Court, the Court ordered that the

tenc'^&r"' sentence of the last Court ag* sajd Bakers be respitted till the next Court of

Election, on condicon that they bring in the person of John Perly to some of

the Magis" at or before id Court, or otheruise to pay fiue pounds a peece to

r*409 1 *^^ comon tresury, or in defect thereof to be punished according to former

Courts grant Sentence ; & all on condicon y^ give fifty pounds bonds for their appearanc at

of 500 ac's of „e ^g^t Gen^ Court.

land to Coll. ''

Croune. *This Court, as an acknowledgment of the great pajnes of Coli W™



THE MASSACHUSETTS BAY IN NEW ENGLAND. 61

Croune in behalfe of this country ■when he was in England, judge meete 1662.
to graunt him fine hundred acres of land in any place not legally dis- "^ '

- . 8 October.

posed oi.

Whereas this Court hath heard what hath binn layd to the charge of W" Cottons
Sarj* W"^ Cotton for his scandalous speeches ag' the honored Gouerno', w^^
having binn prooved, & himself not able to deny it, but fully & freely ac-
knowledging his offence therein, & desiring this Courts fauorable inter-
ptation of his true meaning, which was rather by way of question then
chardge or censure, as he saith, judge meete to accept of his acknouledgm' of
his offeuc, & order, that he be admonished in open Court for his bold & per-
emptory speeches, & so dischardged him.

In ans'^ to the petition of M' Joseph Hills & M"^ Richard Collecott, in Ans'to JI'
the name & behalfe of the adventurers & copartners of the iron works. The q^j/ ^ ^.
Court, on due consideration of the contents of their petition, judge meete to ^"'^ '" behalf

^ ^ • of undertak"

graunt, that in case the petitioners haue any better plea or evidence to present ironworks.
in their causes then formerly, they may 'haue liberty in a due course of lawe
to prosecute & impleade their aboue named complaints expressed in their
peticon, any former sentence or judgm' of this Court, or any other, passed
ag' them notw^standing.

In ans"^ to the peticon of the prtesident & fellowes of Harvard Colledge, Ans'to presid.
the Court declares, y' it was not the intent of this Court by any late lawe con- ab' not watch"
cerning watcheings to infi-inge or violate y' colledge charter, & doe order, that '°ss> &«•
all stated servants or officers of the id house, not exceeding the nomber
Ijmitted in y* charter, haue the priuiledges & imunitjes by the id charter
affoorded to them.

In ans'^ to the petition of Thomas Wisewall & John Jackson, &c. As a Ans' to M'
full & finall issue of all things in controversy betweene the toune of Cam- j^ckj^ns peti-
bridge & the petitioners, the Court judgeth it meete to order, appointe, & ffuUy '^°"-
impower Majo' W"" Hauthorne, Capt Frauncis Norton, & Cap? Hugh Mason,
as a comittee, to giue the petitioners, or some in their behalfe, w"' some
appointed from & in the behalfe of the toune of Cambridge, an oppertunity
to make knoune their desires, & Major Hauthorne to appoint both tjme and
place for the hearing of what all partjes cann say, so it be sometime before
the next Court of Election, & on their hearing thereof, to issue fully, &
absolutely conclude & determine what they shall judge necessary & just to be
donne, as to the determiiig the fower miles bounds, that so this Court may no
more be troubled thereabouts.

In ans'^ to the peticon of W™ Croune, Esffi, the Court, having considered -*-"^' *° '^"'<'-

_ _ nell Crouns

thereof, declare, that they judge not meete to avert the course of justice by peticon.



62



THE RECOEDS OF THE COLONY OF




Ans' to lilJ
John Cheeck-
lys petition.



[*410.]

Cap', lef, &
cornet to



1 G 6 2. themselves constituted, but referr the peticSner to take his remedy ag' eithei
officer or debtor, as he shall judg best himself.

In ans'^ to the peticon of Giles & Edward Pason, humbly desiring, that
as they purchased seuerall lands of the late honored Majo"" Gen Atharton, &
made him sattisfaction for y" same, as is acknowledged by y^ sonues in lawe
of y^ sd majo', as in a note vnder their hands to y^ petition annext, which is
on file, that some meete person, either sonnes or administrators, be impowred
by this Court to make them firme & good assurances of sd lands so pur-
chased ; & it is ordered, that the administrators of the Sd late Maj"^ Gen"
Athartons estate shall & hereby are impowred to make & confirme legall
assurance of all such lands to the peticoners as they know to be just and
right for the sajd majo' personally to haue donne in his life time.

In ans'^ to the petition of M'' John Cheeckly, the Court judgeth it meete,
as most regular, to refer this peJ;icon to the determination of that Court, to
whom the cognisance of the case doeth propperly belong, & that there all
partjes concerned haue liberty to speake for themselves.

*M'^ George CorAvine for capt, M"' Thomas Putnam for left, M'' Walter
Price for cornet, being presented to this Court as so chosen by the troopers of
troope of Sa,- Salem, Lynne, &<3, the Court allowes & approoves thereof.

' ■ In ans' to the petition of Sari* Thomas Clarke, the Court iudgeth it

Alls' to S'j' ^ •> JO

Clarks petio. meete to abate the peticoner fower pounds, being part of his fine.

Ans' to Cap' In. ans"" to the petition of Capt W" Dauis, relating to M" Mary Hills

aui3 pe 1 ion. j.-]^jj.jjg ^^ ^^ parcell of land now his, &6, the Court exprest themselves sensible
of the argum" vsed by the petitioner for his releife, judging there is much
aequity, that the same should be duly considered by the widdow therein con-
cerned, but know not how to contribut any thing to his releife by the authority
of this Court.

For prevention of irregularitjes & abuse to the authority of this country by
the printing presse, it is ordered, that henceforth no copie shall be printed but
by the allowance first had & obteined vnder the hands of Cap? Daniel Gookin
& M"" Jonathan Mitchel, vntil this Court shall take further order therein.

This Court, hauing ordered the printing of the result of the synod, doe
comend it vnto the reuerend elders who presented the same, by order of the
tletoysyn- gynod, that an epistle or jpiface suiteable to the sajd worke be forthwith pre-

ods result.

pared, & sent to the presse, & that M'' Mitchell doe take the ouersight of the

same at the presse, for the ^venting of any errata"^^.
Supply of It is ordered, that the County Courts of Suffolke for the yeare ensuing

at'sos^on"" ^ ^^ kept by the magistrates dwelling in the sajd county, & in case of sicknes

or other fajler of any one of them, M' Richard Russell is to supply, & in



None to print
w'hout order,



Order impows
a comittee to
make an epis-



THE MASSACHUSETTS BAY IN NEW ENGLAND. 63

case of fayler more then one, M' Danforth is to supply, & in case of fayler lO" I,
more then two of them, Capt Gookin is to supply, & the same order is to „ October
be attended in speciall Courts held at Boston.

The whole Court, having debated the matter in differenc betweene the M' Broad
toune of Hadley & M'' Broadstreet, doe judge meete to Ijmitts the bounds of g^a^unts.
Hadley at the brooke mentioned, runing on the south side of the plajne
desired by M"' Bradstreet, & that in all other respects the bounds of Hadley
be as returnd in a former note ; and doe further graunt vnto M"^ Broadstreet
liberty to take his farme of fiue hundred acres on the sajd plajne, not preju-
dicing any former graunt to any particular person.

In ans'' to the petition of M'' W" Cleoments, the Court judgeth it meete Ans' to w»
to referr him to a course of lawe for his releife therein. peti^on." '

The constables bill in relation to the chardge of Edward Butler, of CorstaWe of
Northampton, sending to prison, to value of tenn pounds, is allowed fiue bu/ of^'^^arX
pounds, whereof the Treasurer of the country is to pay, & the other fiue ^^Uowi-
pounds the Treasurer of the county of Hampshire is to sattisfy.

Ephrajm Hunt, being presented as a sarjant chosen by the millitary com-
pa^ of AVeimouth, is allowed so to be, if he either take the oath of fidehty
or y' of freemen, he being a member of y» church.

"W™ Clarke, late of Dorchester, being chosen to be leften' of ISTorthampton, vv» Clarke
& Dauid Wilton to be their ensigne, both confirmed by the County Court, ll^'' * ^''"''^

^ ■> •! Wilson ensign,

this Court orders, y* on request of any person in their behalf, coinissions be ofNorthamp-
graunted to either of them, according to lawe. And it is further ordered, j^^j, ^j^^^ ^^
that the aforeid "VV"" Clarke shall & hereby is empowred to joyne in marriage joyne people in

raamiige there.

such as shall desire the sam, being published according to lawe.

*Itt is ordered, that Edmond Rice, of the toune of Marlborough, shall [*4H.J
& hereby is impowred to marry such as are duely published there according Edmond Rice

to joyne in
to lawe. marriage, &c,

Vpon a motion made in behalfe of the tounes in Hampshire, itt is ordered, -^
that in case the sajd tounes shall pay their county rate in catle, that the Order directing
Treasurer shall appoint, in behalfe of the country, some indifferent person Hampshire
there from yeare to yeare, who shall haue power, together w* such others as <'°^"ty '^'^'^s-
the lawe directs, to put a just valluation vpon all such catle as aforesajd, &
that the same be donne according to money price, or as is provided in the
aiiuall order about payment of country rates.

Layd out, by order of the Gen Court, the Deputy GoQn''s, Rich Belling-
ham, Es^, his farme, now in the occupation of Bray Wilkinson, the 23 of
Sep', 1663.



8 October.



64 THE RECORDS OF THE COLONY OF

16 6 2. The first Ijiie runes from a white oake, marked R B, northwesterly to a

rocky pojnt, where a white oake is marked, and from thence by the southerly
corner of Beachy Meadow to a white oake, marked; the length about a
mile and quarter. The second Ijne from the last marked white oake vpon a
west & by south point, about a mile to an oake marked E, B.
Ricii. Belling- The third Ijne from the sajd oake, vpon a south & by east point, a mile &

ham, Esqf, his . ^ , , .,^, ^ -. . .

farme lajd out. luarter, to a tree marked on the southwest side oi the pond, taking m a
meadow of about twenty fine acres, lying w''''out the sajd Ijne, & adjoyniug to
it towards the northerly end thereof.

The fowerth Ijne from the last marked tree, vpon an east & by north
point, to the first white oake marked E, B, in length one mile & quarter.

Also, one hundred acres lying square on the plajue before the dwelling

house of Bray Wilkinson, begining at the brooke that runnes into Prices

meadow, and runing in length doune to a white oake, marked, about 160 rod,

and in breadth, both ends, 100 rods, to a tree, marked, at either end ; the lower

or south east angle being a pine tree, marked, the vpper or northwest angle

being an oake, marked, standing nere a great rocke ; provided, that part of the

pine swarape that lyeth w"'in the sajd bounds shall be free & coiiion for any to

take of the tjmber grouing therein.

WILLJAM HAUTHORNE,

THOMAS HOULET.

The Court allowes & approoves of this returne.

Layd out, by order of the Generall Court, to Daniel Denison, Es^,
maj'' genii, his farme of three hundred acres, adjoyning to the farme now in
the occupation of Bray Wilkinson. Imp'^: eighty acres of vpland lying in a
long square, bounded on the northeast by John Putnams land, on the south-
west by a brooke that runns out of a pond vnto Prices meadow, on the north-
west by the land of Bray Wilkinson, & on the southeast by Prices meadow.
Dan. Denison, Also, One hundred & forty acres, begining at a white oake, marked R B,

ilyd'out. """^ '''■^® bounds betweene Bray Wilkinson & John Putnam & the former eighty
acres, and from the sajd tree joyning vpon Bray Wilkinson in a straight Ijne
to a rocky point, where a white oake is marked, & from thence by the south-
erly corner of Beachy Meadow to a white oake, marked, at the north westerly
angle of Bray Wilkinsons farme, and so vp to Andiuer sixe miles bounds ;
also, from the sajd white oake, marked R B, vpon a north & by west Ijne
adjoyning to John Putnams land, to a forked white oake, marked, & so to the
brooke that runs by Beachy Meadow to Andiuer sixe miles bounds.

Also, eighty acres of woodland on the northeast side of the brooke that



8 October.



THE MASSACHUSETTS BAY IN NEW ENGLAND. 65

runs by Beachy Meadow, begining at a marked tree standing neere the brooke, 1662.

by a swampe, & runing north east & by east about two hundred rod to three

white oakes, marked, & then turning southward about thirty rod to that part

of the brooke where another brooke falls into the same, & a great rocke lyes

in the midst of the brooke.

WILLJAM HAUTHORNE,

THOMAS HOULET.
The Court allowes & approoves of this returne.

In ans'' to the petition of M"^ John Gifford, the Court, on conferenc w"" Ans' to Jn«
the petitioner, it appearing on the first case mentioned in the petition that M' gj'^" ^P* -
GiiFord neuer attended the lawe to obteine a judgment during the life tjme of
the said Capt Keajne, and in the other case the letter of atturney w"'' he gaue to
a gen*" in his name to bring that virdict to effect, on pervsall by the Gen Court,
October, 58, was judged invalid, & in the life tjme of sajd "Webb, w* was a
considerable tjme, he nor any for him prosecuting, as the lawe directs, the
Court declares there is no ground on those virdicts to proceede to judgment,
the defendants being deade.

*Lajd out ^ Daniel Denison, Es^, majo'' gen", his farme beyond Merre- [*412.]
macke, July 2^, 1662. The first line begins at the mouth of a brooke that D^"- Denison,

•' JO Esq', his farme

falls into Merremacke Eiuer at the vpper end of the island ouer against Old I'y^ <>"* & """-

firmed.

Wills wigwam ; it runns northerly about one hundred rod to a white oake
standing on a round hill beyond a litle swampe, about fifty rod northerly from
a white oake, marked, neare the litle swampe, vpon a rising ground.

The second Ijne runs from the sajd white oake westnorthwesterly, taking
in all the meadow, to a white oake at the end of the meadow, at the westerly
side of a rocky hill, on the top whereof stands two smale pines, which Ijne is
fower hundred rod long.

The third Ijne, fiom the sajd oake at the head of the meadow, runs
southerly & by west to a white oake, marked, at another end of the meadow,
and so doune to Merremacke Eiuer at the mouth of a smale brooke falling
into Merremacke, about one hundred rod aboue the vpper end of the second
island, where a tree is marked : this line is fower hundred and eighty rod.

The fowerth lyne is along the Riuer of Merremack, northeasterly to the

mouth of the brooke, where the first Ijne began : this Ijne is fower hundred &

forty rod long.

GEOEG ABBOT, Sen,

THOMAS CHANDLER.

I was an eye wittnes of this. SYMON BROADSTREET.

VOL. IV. PART II. 9



66



THE RECORDS OF THE COLONY OP




Ans' to Jn"-
than Pooles
petic. ab' 3
County Troop
officers.



Ans' to W"
"Walkers petit.



Liberty to rajse
a troope of
horse in
Hampshire.



M' Lusher to
runn y line
betweene Plim-
outh & vs.



Courts jticlg-
ment in case
betweene Ar-
tillery Compa-
ny, Bacon, &
Symons.



This Court liaulng in Octobei', 1660, graunted Majo'' GenefU Denisson
sixe hundred acres of land, (formerly graunted,) to be layd out beyond Merre-
macke B-iuer, a litle aboue Old Wills planting ground, w"'' land was then
clajmed by the toune of Hauerill, as w"'in their bound, for which they, by
their atturneys, surnoned to appeare at that Court, did alleadg seuerall pleas,
which the Court then judged invalid, and, notw^standing the same, they then
graunted the sajd sixe hundred acres, provided it were not w'^'in seaven miles
of Hauerill meeting house, w"'' sajd sixe hundred acres being since lajd out,
as aboue is exprest, by George Abbot & Thomas Chandler, & retiu-ned to
this Court, is allowed & confirmed.

In ans' to the petition of Jonathan Poole & "William Greene, in behalf of
the Three Countys Troope, present M"" Jn° Tutle as left, & W™ Haysy as cor-
net, the Court orders, that, on certifRcat to this Court or the Court of Asistants,
that iff the sajd persons nominated for officers to y^ sd troope be circumstanced
as the lawe provides, that they be allowed.

In ans'' to the petition of Willjam Walker, seaman, now a prisoner for
the breach of y" law ab' making suite to a servant majd w^'out the mas-
ters consent first obteyned, Szd, the Court, considering he was a strainger,
& not knowing the lawe, that he hath lyen in prison nere a moneth, judgd
meet to graunt his request & dischardg him, he paying the chardge of the
prison.

In relation to, & for the encouragement of, raysing a troope of horse in
Hampshire, it is hereby ordered & declared, that, in regard they are but yett
in their minority, for the present, & vntill they cann attajne to more, sixe &
thirty horse shall be accounted a troope, & liaue liberty of chojce of capt,
lef ?, & cornett, & other officers, according to lawe, as other troopers haue, any
lawe to the contrary notw"' standing.

Whereas, by order of this Court, a considerable cost hath beene expend-
ed for running of the Ijne betweene Plimouth & this pattent, which is not
yet perfected, by reason of the death of the late jNIajo"^ Atherton intervening,
who was appointed for the sajd workc, it is therefore ordered, that Majo'
Lusher doe supply the place of Majo"^ vitharton for the perfecting of the
sajd worke.

In the case now depending betweene the Artillery Company of Suffolke,
plaintiff, & Michael Bacon & W"" Symonds, both of Wooborne, deffend'% in
an accon of trespasse on the land of the sajd artillery, the Court, on a hearing
of the case, & what hath binn alleadged by both partjes, doe finde for the de-
fend*^ costs of Com-t.

In ans'' to the petition of W™ Dauis, atturney of Edmond White, of



THE MASSACHUSETTS BAY IN NEW ENGLANP, 67

London, m'cliant, the Court judgeth it meete to graunt the sajd M"^ Edmond 166 2.
White seuen hundred acres of land, fower hundred whereof in refference to " ^ '
his adventure of fEffty pounds in the coriion stocke, the other three hundred , rt M' '
acres in relation to his twenty pounds lent the country, & for forbearance Dauis pet., 700

. " ae's graunted

thereof. to M' Edm»

*In the case betweene Samuel Howard, pi', ag' Eofct Cutler, defend', in '^i*^''^^-

r*4io 1

an accbn of appeale from the County Court of Middlesex to the last Court of •- '■'

A • /■IT • <^ • Courts judgm'

Asistants, falling to this Court by disagreement of bench & jury, the Court, in Cutlers case,
hauing considered of all the pleas & evidences in the case made & produced,
doe determine for the defend', Eofct Cutler, costs of Court, seven pounds nine
shillings & fower pence.

In ans' to the petition of seuerall merchants & seamen inhabiting w"^in Ans' to petiEou
the jurisdiction of the Massachusetts colony, humbly craving releife in reffer-
ence to y« impositions imposed on ship masters, &6, the Court judgeth it
meete to order & appoint the secretary, Capt Clarke, Capt Lake, M"^ Jn°
JoyHffe, M' Lynde, & M"^ Tho Bratle a coiiiittee to consider of that act where-
on the impositions mentioned in this peticon is provided, & to make returne
of their result thereof to the next Court of Election.

In ans' to the peticon of John Touton, of Rochell, in France, doctor AnsUo Teuton
chirurgion, in behalfe of himself & others, that himself & other Protestants, estantrof Ee'-
inhabitants of Eochelle, who, for their religion sake, are outed & expelled from "^^^^ P®*^"-
their habitations & dwellings, &(3, might haue liberty to come hither, here to
inhabitt, &3, as in id peticon on file appeares, the Court judgeth it meet to
graunt this peticon.

In ans"^ to the petition of John Robinson, who stands coinitted by the Ans' to Jn»
last County Court for his contempt, vnderstanding that he hath suffered a petiCon.
months imprisonment for his offence, the Court judgeth it meete to dischardge
him the prison.

It was voted by the whole Court, that Henry Eoby, constable of Hamp- Hen. Eoby to
ton, for his vnfaithfiilnes in not duely attending his warrant in bringing Ed- ^j^j^j-^gg
ward Colcord to prison, both in March or Aprill, & now shall loose his chardges
& beare it himselfe.

Layd out vnto Thomas Danforth, Es^, a parcell of land, lying betweene M' Danforths
Marlborough & Kenecticut Path, & is bounded easterly by Sudbury lands, „„[
adjoyning to that part of their boimds neere Lanmun, the land of John Stone,
& a part of Natick plantation ; southerly, by the lands of the sajd Thomas



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