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I
RECORDS
OF
MASSACHUSETTS
VOL. IV. -PART 11.
1661-1674.
RECORDS
OF
THE GOVERNOR AND COMPANY
OF THE
MASSACHUSETTS BAY
IN
NEW ENGLAND.
PRINTED BY ORDER OF THE LEGISLATURE. EDITED BY
NATHANIEL B. SHURTLEFF, M.D.,
MKMBKII OF THE MASSACHCSnTTS HISTORICAL SOCIETY, FELLOW OF THE AMEKICAX
ACADEMY OF AUTS AND SCIENCES, AND MEMBER OP THE
AMEKICAX ANTiaUAKlAN SOCIETY.
VOL. lY.-PART IL
1661-1074.
BOSTON:
FEOM THE PRESS OF WILLIAM WHITE,
PRrXTER TO THE CO.MMONWE.ILTH.
18 5 4.
9?^
MARKS AND CONTRACTIONS.
A Dash " (or straight line) over a letter indicates the omission of the letter following the one marked.
A Curved Line ~ indicates the omission of one or more letters next to the one marked.
A Superior Letter indicates the omission of contiguous letters, either pre- ceding or following it.
A Caret ^ indicates an omission in the original record.
A Cross X indicates a lost or unintelligible word.
All doubtful words supplied by the editor are included between brackets, [ ].
Some redundancies in the original record are printed in Italics.
Some interlineations, that occur in the original record, are put between parallels, || ||.
Several characters have special significations, namely : — ■
@ , — annum, amio. a, — an, am, — curia, curiam, a, — matrate, magistrate, t), — ber, — numb, number ; Robt, Robert.
c, — ci, ti, — accon, action.
c8, — tio, — jurisdiccou, jurisdiction. 6, — ere, cer, — ads, acres.
d, — dd, delivered.
e, — Trer, Treasurer.
e, — committe, committee, g, — gSal, general, h, — chr, charter. 1, — begig, beginig, beginning. i, — ire, letter.
m, — mm, mn, — coiiiittee, commit- tee. m, — recomdacon, recommendation. lu), — mer, — foruJly, formerly. i?i, — month.
ii, — nn, — Pen, Penn j aiio, anno, n, — Dfii, Domini. a, — ner, — manfj, manner, o, — on, — mentio, mention.
o, — mo, month.
p, — par, por, — pt, part ; ption, por- tion.
p, — per, — pson, person.
p, — pro, — pporcbn, proportion.
p, — pre, — psent, present.
q., — cj,stion, question.
^, — escp, esquii-e.
r, — Apr, April.
s, — s, session ; sd, said.
s, — ser, — svants, servants.
i, — ter, — neuE, neuter.
t, — cap?, captain.
Q, — uer, — seQal, seueral.
u, — abou, aboue, above.
?, — ver, — se?al, several.
w, — wn, when.
y^, the ; y™, them ; y°, then ; y^ their ; y', this ; y', that.
3, — us, — vilibs, vilibus.
^ — es, et, — statut^, statutes.
{d, &S, &c^, — et csetera.
vizj, — videlicet, namely.
./ — full point.
(iii)
CONTENTS OF VOLUME IV. PART II.
THE COLONY RECORDS, 1661—1674, 1
MISCELLANEOUS RECORDS, 579
FREEMEN OF THE COLONY, 1661—1674, 581
GENERAL INDEX, 589
INDEX OF FREEMEN, 641
( V )
THE COLONY RECORDS.
1661-1674,
MASSACHUSETTS RECORDS.
THE RECORDS OF THE COLONY OF THE MASSACHUSETTS BAY IN NEW ENGLAND.
[The following pages conclude the fourth volume of the Massachusetts Records. The original manuscript is in the handwriting of Mr. Edward Rawson, secretary of the colony. The names of those who were admitted to the freedom of the colony are placed, for convenience, at the end of the volume.]
*Att a Generall Court of Election, held at Boston, 22"' May, 1661. 1G61.
JOHN ENDECOTT, Esf>, was chosen Goano- for y= yeere, & tooke his 22May. oath in open Court. [*367.]
Richard Bellingham, Es^^, was chosen Dap' Goano', & tooke his oath. M'^ Symon Bradstreet, ~| Comissioner for y" Collonjes.
M' Samuell Symonds, Cap? Tho Wiggins, Cap? DanI Gookin, Maj"^ Geii Daniel Dennison, Maj'' Symon Willard, Maj"" Humph Atherton, M"^ Richard Russell, M-- Tho Danforth,
Edward Rawson was chosen Secretary. M'' W™ Hauthorn 1 Coiiiissioner in case of reserve.
The names of the Deputjes returned to serve at this Court from the seuerall tounes were, —
From Salem : Maj' W°» Hauthorne, W Edmond Batter.
From Charls Toune : Capt Frauncis Norton, Left Richard Sprauge.
From Dorchester : Left Roger Clapp, Ensig Hopestill Foster.
From Boston : Cap? Thomas Sauage, M"' Edward Tyng.
From Roxbury : M' W" Parkes, John Ruggles.
VOL. IV. PART II. 1
' Coiiiissioner for y" CoUonje. were chosen Assistants, & tooke yeire oathes. Majo' Gennerall, & 2* Coinission"' in case Tresurer. [of reserv.
2 THE RECORDS OP THE COLONY OF
1661. Trom Water Toune : Capt Hugh Mason, M"^ Ephrajm Child.
'^ II ' From Lynn : M"' Thomas Layton.
^^^^'' From Cambridg : M' Edw Collins, M' Rich Jackson.
From Ipsuich : ^M"" Joseph Medcalfe, M' Georg Gittings.
From Newbury : M' Henry Seawall.
From Welmouth : M' Tho Dyer.
From Concord : M'' Tho Brookes.
From Dedham : Cap? Eliazcr Lusher, Ensign DanT Fish'.
From Springfeild : M'' Elitzur Holiocke.
From Salisbuiy : Capt Tho Bradbury.
From Hampton : AV™ Fuller.
From Rouley : John Pickard.
From Braintry : ;M'' Peter Brackett.
From Doner : Capt Rich Walderne.
From Portsmouth : Capt Brjan Pendleton.
From Woobourne : Capt Edw Johnson.
From Kittery : Lef? Charles Frost.
From Yorke : M'' Edw Ruchworth.
From Redding : W" Coudrey.
From Maulden : I\P Joseph Hills.
From Hadley : M'' Sam Smith.
Majo' W'" Hauthorue was chosen Speaker for tins session.
Wolves. Beside all other considerations & provitlons for the destruction of woolves,
Lawab' jj. .^ oi-j^gi-gji \yy ti^ig Court & the authoritie thereof, that euery such Indian or
Indians as shall any way destroy any woolfe or woolves, & deliuer the heads of such woolves vnto the selectmen of any touneship in this jurisdiction, shall receive of such selectmen either two pound of pouder & eight pound of shott, or one pounds of pouder & four pounds of shott & fine shillings in corne or other pay, or else they shall receive of the coimtry Tresurer tenn shillings a head, & no pouder & shott, v,'"^ such Indian will choose ; and such selectmen as shall pay any Indian according to this order shall rebate it out of theire next country rate w"' the Tresurer, any law or custome to the con- trary notw"'stiinding ; and all selectmen or others that by virtue of this order, or any other, that shall make payment for any woolves, shall cutt of the eares of all such woolves heads, & cause them to be buried, that so none may be twice pajd for. [•368.] *This Court, being desirous to trj' all meanes, w"" as much lenity as may
consist w"* our safety, to prevent the intrusions of the Quakers, who, besides
THE MASSACHUSETTS BAY IN NEW ENGLAND.
theire absurd & blasphemous doctrine, doe, like rouges & vagabonds, come in vpon vs, & haue not bin restreined by the lawes already provided, haue ordered, that euery such vagabond Quaker found w*''in any part of this juiis- diction shall be apl^hended by any person or persons, or by the connstable of the toune wherein he or she is taken, & by the connstable, or, in his absence, by any other person or persons, conveyed before the next magistrate of that sheire wherein they are taken, or coiiiissioner invested w"' magistratti- call power, &, being by the sajd magistrate or magistrates, coiiiissioner or comissioners, adjudged to be a wandering Quaker, viz', one that hath not any dwelling or orderly allowance as an inhabitant of this jurisdiction, & not giving ciuil respect by the vsuall gestures thereof, or by any other way or meanes manifesting himself to be a Quaker, shall, by warrant vnder the hand of the sajd magistrate or magistrates, coiiiissioner or coiiiissioners, directed to the connstable of the toune wherein he or she is taken, or in absence of the conn- stable or any other meete person, be stripped naked from the midle vpwards, & tjed to a carts tayle, & whipped thro"^ the toune, & from thence iiuediately conveyed to the connstable of the next toune towards the borders of our juris- diction, as theire warrant shall direct, & so from connstable to connstable till they be conveyed thro any the outward most tonnes of our jurisdiction. And Order ab< Qua- if such vagabond Quaker shall returnc againe, then to be iu like manner app- hended & conveyed as often as they shall be found w*''in the limitts of our juris- diction, provided euery such wandering Quaker, hauing beene thrice convicted & sent away as abouesajd, & returning againe into this jurisdiction, shall be ap^hended & coiiiitted by any magistrate or coiiiissioner as abouesajd vnto the house of correction w"'in that county wherein he or shee is found untill the next Court of that county, where, if the Court judge not meete to release them, they shall be branded w''' the letter R on theire left shoulder, & be severely whipt & sent away in manner as before ; and if after this he or shee shall returne againe, then to be proceeded against as incorrigible rogues & ennemys to the coiiion peace, & shall iiiiediately be app'hended & comitted to the coinon jayle of the country, and at the next Court of Asistants shallbe brought to theire tryall, & proceeded ag' according to the lawe made anno 1658, page 36, for theire banishment on payne of death. And for such Quakers as shall arise from amongst ourselves, they shallbe proceeded ag* as the former lawe of anno 1658, pagfe 36, doth provide, vntill they haue beene convicted by a Court of Asistants ; & being so convicted, he or shee shall then be ban- nished this jurisdiction; & if after that they shall be found in any part of this jurisdiction, then he or shee so sentenced to banishment shall be proceeded against as those that are straingers & vagabond Quakers in manner as is aboue
22 May.
THE RECORDS OP THE COLONY OF
1661. expressed. And it Is further ordered, that whatsoeuer charge shall arize about appheudiug, whipping, conveying, or otherwise, about the Quakers, to be layd out by the connstables of such tounes where it is expended, & to be repajd by the Tresiuer out of the next country levy; & further, that the connstables of the seuerall tounes are hereby empowred from tjme to tjme, as necessity shall require, to irapresse cart, oxen, & other asistance for the execution of this order.
[*369.] *Whereas yow, E: R:, are chosen secretary for the yeare ensuing, yow
Secretarya ^^g Jiegj-g gweare by the euerliuing God, that yow will in all things faithfully
oath.
demeane yourself in the sajd of&ce ; that yow will truly & vprightly, accord- ing to your best skill & wisdome, frame all acts & instruments of publicque concernment referring to your office, duely observing such directions as shall from time to tjme be given vnto yow by the Generall Court or councill of this coinon-weale, & fairely record & safely keepe the same ; that yow will not dis- close the consultations of the Generall Court where at any tjme yow shall haue expresse charge of secresy, nor of the councill where at any time yow shall haue like charge of secresy ; that you will, w^'out delay, impart to the GoQno'^ or Dep' Gou'' w*euer letters or information shall come to yo'' hand referring to yo'' office, & of publicque concernment to the coiiion weale, Generall Court, or councill ; & that yow will not wittingly or wilHngly exceed the Ijmitts of yo' place. Law ab< peage On observation of much inconvenience of the lawe for payment of forty
shillings in wampampeage in sattisfaction of debts & payments, except to the Tresui'er, page 78, it is ordered by this Court & the authoritje thereof, that the sajd lawe be henceforth repealed. Persons ex- The Court, vnderstanding there is much ina;quallity in y' diuers are
conns^tabie" freed from those watches whereof all doe receive equall benefitt, for an ex- watches, plication of the law concerning connstables watches, doe order, that the INIagis- trates, Deputjes of this Court for the time being, elders of churches, the publicke sworne officers of the country, w"" the coiuission officers in each trayued band, be freed from all ordinary watches & wards of the connstables, & no other persons, excepting such person as shall haue speciall & personall freedome by order of this Court, any former order, graunt, or custome not- w^'standing. Order ab« Itt is ordered, & by this Court declared, that the order made in the third moneth, 1654, appointing the printing of the generall orders of Court of each session w"'in tcnn dajes, be againe revived, & be in force so farr as it refers to the annuall printing of lawes, any lawe to y'^ contrary notw^'standiug.
Comittee to
P'vsc y« laucs. It is Ordered, that the Dep' Gou% Maj: Geil Atherton, both or either of
THE MASSACHUSETTS BAY IN NEW ENGLAND.
tliem, w"i the secretary, IM' Edward Ting, & INI'' Joseph Hills, shall be a comittee to pervse such lawes as are vnprinted & viu-epealed, & coinitt them to the presse, so farr as they shall judge convenient, & that such as are not meete to be printed be transcribed by the secretary, to be sent to the seuerall tounes.
It is ordered, that Cap? Frauncis Norton & M"' Edward Tyng be a Comittee to
. Ill 11 • • take the sur-
comittee, & impowred to take the general! survejo™ account respecting armes ^ej^jg account. & amunition, & to make returne of what they finde therein to the next session of Court.
It is ordered, that Cap? Eliazer Lusher & Cap? W™ Torrey shall & Cap' Lusher hereby are impowred, in theire respective tounes, w"* magistratticall power for ^^, Q"^ji;J'f°"°' examination, conviction, & proceeding ag' vagabond Quakers, according to the lawe enacted ag* such persons by this Court.
Att the request of M"' George Carre, as an explication of this Courts Ans' to George
_ ,,,,,,., , Carrs request.
graunt to him in October, 1660, this Court declareth, that the liberty graunted him of being rate free for the bridge ouer Salisbury Riuer is to be vnderstood & taken as freemg him from any tax relating to touiie & country by reason of the benefitt that accrueth to him from the sajd ferry & bridge, the main- tenance to the ministrye there excepted, so as the bridge be not accounted in value to that rate aboue thii,-ty pounds, & that the minister of Salisbury & his family, from tjme to tjme, be ferry free, & that the graunt of one hundred & fifty acres of land, during the bridges standing, is and shall be vnderstood & taken, y' the sajd George Carre shall enjoy the propriety of one hundred & fifty acres of land, to him, his heires & assignes, vutill such time as he or they shall vtterly relinquish or neglect the repaire & maintenance of the sajd bridge.
*This Coiut taking notice of a booke entituled the Christian Coinon- [*370.] wealth, written, as is expressed in the sajd booke, by W John Elliot, of Rox- |;;';;fy,;;';^^" 'bury, in New England, which in sundry passages & expressions thereof xtian Coiiion-
... 'TIT ^veulth.
is justly offenciue, & in speciall relating to kingly gouernment m i.nglaud, the v/'^ the sajd M'' Elliot hath also freely & fully acknowledged to this Court, it is therefore ordered by this Court & the authority thereof, that the sajd booke be totally suppressed, & the authors acknouledgment recorded, and that all persons whatsoeuer in this jurisdiction that haue any of the sajd bookes in theire custody, shall, on theire perrills, w*in fowerteene dajes after publication hereof, either cancel & defivce the same, or deliuer them vnto the next magistrate 'or to the secretary, whereby all farther divulgment & im- proovement of the sajd offenciue booke may be prevented.
And it is further ordered, that M'^ EUiots acknowledgment, & the Courts
6 THE RECORDS OP THE COLONY OF
Y
22 May.
1 6 () 1 . order for the calling in of those bookes, be forthwith transcribed by the sec retary, & caused to be posted vp in Boston, Charls Tonne, Canibridg, Salem, & Ipsuich, that so all persons concerned therein may take notice of theire dutjes, & act accordingly. All w* was done accordingly.
Boston, this 24 of y" 3'^ &, 1661.
M' Eiiots ac- Vuderstanding by an act of the honored council that there is offence
'^""d { "w"'d t^l^sn at a booke published in England by others, the copie whereof was sent ouer by myself about nine or tenn yeares since, and that the further consider- ation thereof is coiiiended to this hounorcd Generall Court, now sitting at Boston, — vpon pervsall thereof I doe judge myself to haue offended, & in way of satisfaction, not only to the authority of this jurisdiction, but also vnto any others that shall take notice thereof, I doe hereby acknowledg to this hon- nored Court such expressions as doe too manifestly scandalize the goflment of England, by King, Lords, & Coinons, as anti Christian, & justify the late in- novate'^'. I doe sincerely beare testimony against, and acknowledg it to be, not only a lawful!, but an eminent forme of gouernment.
2. All formes of ciuil goQnment deduced from Scripture, either expressely or by just consequence, I acknowledg to be of God, & to be subjected vnto for conscience sake ; and whatsoeuer is in the whole epistle or booke inconsisting herewith, I doe at once for all cordially disoune.
JOHN ELIOT.
Ans' to M' 111 ans'^ to the petition of M'^ Samuel Symonds, that his 500 acres
Symondspeti- . ^ed him to be in an island in Casco Bay, 18 8 &, 59, & his 160 acres
con, 800 acres, o j 7 7 i
graunted him y'' same Court at Northwottocke, might be made eight hundred
acres, to be lajd out in one or two places where it cann be found free of
former graunts, the Court judgeth it meete to graunt his request.
Ans' to M' lu ans' to the petition of M'' Eljjah Corlett, the Court judgeth it meete
Coriets peti- ^^ grauut the petitioner liberty to purchase of Netus, the Indian, so much
land as the sajd Netus, sajd Indian, is possessed of, according to lawe, for the
sattisfaction of the debt due to y" petitioner from sajd Netus, & that Edmond
Rice, Sen, & Ensigne Thomas Noise, of Sudbury, be appointed to apprise the
land to the petitioner for his sattisffaction, & determine the proportion &
bounds thereof, making a returne to this Court to be confirmed, or otheruise
to be recorded in the county of JNIidlesex.
, ."^'0°,. ' \ In ans\\-er to the petition of Bray Wilkins & John Gingle, humbly desir-
kins Si Oinslcy 1 J o ; .
poticons, Wills ijjcp that the farme called by the name of Wills Hill, w'''^ this Court graunted
Hill to belong ° ^
to Salem to y'^ worpf ' Richard Bellingham, Escp, & they purchased of him, may be lajd
THE MASSACHUSETTS BAY IN NEW ENGLAND. 7
to and appointed to belong to Sulem, being nigh its lands & y« petitioners of 1 6 G 1 .
y^ society, &c, the Court judgetli it meete to graunt theire request. """ ^ ^
*Vpon this Com-ts information of the want of a setled, able, & orthodoxe ministry in some places of this jurisdiction, especially relating to the comity ^ ., of Yorke, viz., Wells, Saco, & Scarborough, the accomplishment whereof, ab' ministry at
. " Wells, Saco,
through Gods blessing, might proove an effectuall remedy for healing & pre- &5. venting much disorder, ignorance, & prophanesse, it is therefore ordered by this Court & the authorltje thereof, that the inhabitants of the tonnes afore- sajd, viz'. Wells, &6, shall, w"'in sixe moneths tjme after notice giuen them thereof, vse theire vtmost endeavo's to procure some able & pious ministers to carry on the worke of God amongst them, in the due performance whereof, if the sajd places, or any of them, shall be found deficjent, they will necessitate this Coiut to put forth the exercise of theire power to make such provition for theire future supply as the laues of this jurisdiction in such cases doth require.
In answer to the petition of the inhabitants of y^ toune of Newbuiy, the Kewimrv lyae Court, hauing heard the petitioners in behalfe of the toune of Newbury & M"' , . ""f ogg"' Woodman, relating to Newbury Ijne, & this Courts graunt of a farme of tlu-ee ^cs. hundred acres of land in October last, finding that the Ijne of Newbery bounds being, for at least twenty yeares, lajd out & adjoyning to Rouley lyne, & perambulated according to order of this Court, shall be & remajne to New- bury w'l'out any further challenge or clajme from any toune or person, and that M"^ Woodmans graunt as to y' place is heereby declared null & voyd, M'' Woodman hauing consented thereto, yet are willing to allow M"^ Wood- man his three hundred acres formerly graunted in any free place not formerly graunted, & not hindering a plantation.
Henry Batchiler & his wife, by an act of Ipsuich Court comended to this Courts order to Courts consideration, hauing binn formerly presented, for theire absenting -^^^ Batchi- themselves from publicke wofpp, &6, whither y' toune of Ipsuich might not '^''■ dispose of him & his farme, so as he may line in the toune, & enjoy his estate & y'' publick worpp of God, the Court judgeth it meete hereby to impower the County Court of that sheire so to dispose of the persons aboue mentioned & theire estates as they shall judge most conduccable to theire present & future good.
In answer to the peticon of Tho Dyer, the Court judgeth it meete to Ans' to The.
, . . ,., ... ... , . , Dyers peticon.
graunt the petitioner liberty to set his tamters m the prison greene during the pleasure of this Court.
Joseph Jencks, Juii, being accused & bound ouer to this Court for high Joseph Jencks,
^ Jan., dis-
misdemeano"^ in diners treasonable words ag' the kings maj'J', w*, vpon exami- charge.
22 May.
; THE RECORDS OF THE COLONY OF
1 6 G 1 . nation, he vtterly disounes, neither doeth it appcaie that the same cann be
legally prooved ag' him, only in part, for yv''^ he presenteth & pleadeth the
kings gracious act of indempnity, this Court therefore dischardgeth him from
his imprisonint.
Rachel Lang- In the case of Rachell Langton, or Verney, the Court judgeth it meete
to declare, that she is free from hir late husband, Joseph Langton. Kings dis- - Whereas "W" King, late Quaker, and bannished this jurisdiction, on pajne
banishm'. ^^ death, returning w"'out leaue into it, being brought before the Court of Asistants at Boston, in March last, declared how much he, by the rich grace and mercy of God, was now brought to loath & abhorr himself for his sin- full & shanifuU practises ag' authoritje here established, the Court judged it meete, for the encouragement of such that shall returne from those princi- ples & wayes of Sathan & death, to remitt him as to his further trjall to this Generall Court, & tooke security for his appearance before this Court, where, hauing made his acknouledgment in his peticbn on the other side, w'*" is on file, this Court judgeth it meete to release & discharge him from the sentence of banishment & death, & his suretjes of theire bond, & set him in statu quo w"* the rest of the inhabitants, to follow his calling for his oune & familys subsistance. [ 372.] *The Court, hauing considered of the evidences produced ag' Elizabeth
Elizabeth Palmer, doe judge that she is not legally guilty of adultery, & therefore doe
ab' adultery, dischardge hir, leaving hir to the Court at Yorke to be punished for hir
drunckenes.
Ans'to M' In ans' to the petition of M' Richard Parker, the Court judgeth it meete
Jon. to graunt that his sixe hundred acres w* he purchased of y^ late Survejo''
Johnson & of M'^ W" Parks, be lajd out in one place, i. e., at the furthermost
end of Henry Adams.
Isle of Shoaies For the better setling of order in the Isle of Shoales, it is ordered by
doorc &'im- '''^'^ Court, that henceforward the whole islands apperteining there vnto w"""
powered to act Joe lye partly in the county of York, & the other parte in the jurisdiction of
touncs. Doner & Portsmouth, shall be reputed & hereby allowed to be a touneship,
called Apledoore, & shall haue a^quall power to regidate theire toune affaires
as other tonnes of this jurisdiction haue.
Ans'to Cap' In ans'' to the request of Capt Brjan Pendleton, the Court judgeth it
tition on re- nicete to order, that the selectmen of Portsmouth & Douer doe forthwith, by
quest. j^jj^ assessment on the inhabitants, collect & gather the soiiie of tenn pounds
eight shillings & fower pence out of each toune, & deliuer the same to the
sajd Brjan Pendleton, as sattisfaction for so much by him expended on a
frozen person, some yeares past, y' came into that rluer, whose charity this
THE MASSACHUSETTS BAY IN NEW ENGLAND. 9
Court judgeth it meete to encourage, & orders his sattisfaction as aboue is 1661. exprest. ^~ — y— — '
In ans' to the petition of Edward French, of Salisbury, the Court iudff- " ^^'
•/'JO Ans' to Edw.
eth it meete to declare, that the peticoner may seelce rclcifc ag* Samuell Hall French pet'- at the County Court either for better security or damages.
In ans'' to the motion & request of W" Parkes, one of the execcutors of Courts ans' to y» last will & testament of the late worthy Thomas Dudly, Es^), the Court mottor"""^ judgeth it meete to referr the case mentioned in his request, w"^"" is on file, to the determination of the County Court of Suifolke.
In ans'' to the peticon of "Walter Palmer & John Minor, this Court, on Courts ans' to its coinittees pervsall of the originall graunt of the Generall Court of Conec- ^''i""=''^.'^'-
^ o D jjors petition.
ticot, bearing date 11"" September, 1651, vnto the toune of Naomeage, now called New London, together w"" the seuerall graunts of the sajd toune to the petitioners, & the agreement betwene the comissioners of the Vnited Colonjes touching the diuission of the Pequot country to the colonjes of the Massachusetts & Hartford, wherein all former graunts & possessions are reserved to the grauntees vpon the whole, judg meete to order, that M"' John Tincker and Capt George Dennison be appointed & desired to runne the Ijnes in question according to the first graunt, & make certifficat thereof to this Court the next session, to be recorded ; and if it doe appeare vpon the run- ning of this Ijne by the sajd coiiiittee that the laud graunted to the petitioners is included w^'in the first graunt, then the petitioners are quietly to enjoy the same, & being confirmed to them by this Court, provided that the graunt to the colledg take place in the next adjacent free lands.
Whereas John Warren was sumoned to this Court by Cap? Richard Wal- John ■Warrens derne, to answer for his falling of timber ofl^ of the Shrewsbery mens parts or divissions, & wajting here fowerteene dajs besides his coming & going home, & none appearing ag' him, this Court judgeth it meete to referr it to y" next County Court at Hampton, to giue him due costs, on prooffe y' he was sumoned by id Cap? Walderne.
*Wee, whose names are subscribed, being appoijited & impowrcd by the P373.] Generall Court in October, 1659, for the examination of the proceedings about Groaten plantation, & the intanglements that haue obstructed the planting thereof hitherto, hauing taken pajnes to travajle vnto the sajd place & examine the records of former proceedings in that place, also the capacity of the id place for the enterteining of a meete noumber of persons that may carry on the affaires of a toune, doe aj)p>hend (according to w' information wee haue had) that the place will aflToord a comfortable accoinodation for sixty familjes at least, that
VOL. IV. PAUT II. 2
10
THE KECOKDS OP THE COLONY OP
1661.
22 May.
Comittees re- turned ab* Groaten & Oouits order.
may subsist in a way of husbandry ; and for such familjes as be there already planted, w* are not aboue fower or fiue acres, wee doe not finde that theire in- terest in such lands as they clajme is legall & just, nor yet consistent w* the Courts ends in theire graunt of the sajd plantation.
And for the further encouragement of such as haue now a desire, &S, doe present themselves as willing to plant themselves in that place, —
Wee craue leaue humbly to leaue oiu- poore apf>hentions w"" this honored Court, as foUowcth : —
1. That the old planters & theire assignes, whose names are John Tinck- er. Rich Smith, W" Martyn, Rl Blood, Rob' Blood, & Jn° Lakin, tliat they reteine & keepe as theire propriety, (of such lands as they now clajme an in- terest in,) each of them, only twenty acres of meadow, twenty acres for the house lott, tenn acres intervale land, & tenn acres of other vplands, & that the same be sett out by a coinittee, so as may not vnequally prejudice such as are or may be theire neighbors.
2. That the neere lands & meadowes be so diuided as may accomodate at least sixty familjes ; & for that end, that the first diuision of lands be made in manner following, viz. : such as haue one hundred & fifty pounds estate shall be allowed equall w"' old planters aboue, & that none exceed & y' none haue lesse then tenn acres for theire house lott, & fiue acres of meadow, two & a halfe acres of intervale, & two & a half of other lands, for planting lotts in theire first divission, & that none be admitted to haue graunts of lotts there but on conditions following, viz' : —
1. That they goe vp w"' theire familjes w"'in two yeeres after theire graunts, on penalty of forfeiting theire graunts againe to the toune, & so many tenn shillings as they had acres graunted them for theire house lotts, & that the like injunction be putt vpon those aboue named as old planters.
2. That all toune charges, both civil & ecleasiasticall, be levyed according to each mans graunt in this first divition of lands, for seuen yeares next en- suing, excepting only such whose stocks of late shall exceed one hundred & fifty pounds estates.
3. That the power of admission of inhabitants & regulating the affaires of the sajd place be referred to a coinittee of meete persons impowred by this Court thereto, vntill the plantation be in some good measure (at least) filled w"" inhabitants, & be enabled regularly & peaceably to carry on y* same them- selves.
4. That this honoured Court be pleased to graunt them iiiiunitjes, (all coinon & ordinary country charges,) not exceeding a single rate or a rate & a half p annfi, for three yeares next ensuing.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 1]
22 May.
5. That in graunting of lotts, clilldren haue tliciie due coiislderatiou w"' 16 61.
estates, theire parents giving securitjes to defray y' charges of the place, as is
before praised.
TH° DANFORTH,
EDWARD JOHNSON,
EPHR: CHILD.
The Court approoves of & doe confirme the returne of the coinittee, & doe hereby further order & impower the aforesajd comittee for the ends aboue mentioned, vntill meete men be found amongst such as shall inhabitt there, and be approoved of by a County Court.
*In ans"- to the petition of seuerall inhabitants of Hampton, complayning [*374.] ag« Edward Colcord for scandalous living by cheating & cousening, vilefyng Courts order magistrates, M, as in y« sd peticon is exprest, the Court judgeth it meete to referr the examination of the complaint to the County Court at Hampton, & if by due proofe found to be true, they are impowred to punish him according to his demeritts.
In ans'' to the petition of M' George Cleaues, the Court judgeth it meete Ans'to M'
D /-( Y T>' 1 1 Cleaues peti
to order that Henry Jocelyn, Es^, Cap? Brian Pendleton, & Oapt Richard £<,„_ Waldern be a comittee & impowred, repayring to Falmouth at such time as any two of them shall appoint, then & there to examine the ground of the seuerall complaints exhibited against M'' Jordon, suinoning wittnesses, giving oathes, & what else is necessary referring to the case, & what shall be concluded on by any two of them to be reported by them to the next session of tliis Court in October next.
W"" Ballantine being convicted before this Court for counterfeiting the w» BaUan-
tines scntcnCi
seale of the packer, to the great dishonno"^ of God, reproach of the country, & wron<^ to sundi-y persons, this Court doth sentence him to pay, as a fine to the country, one hundred pounds, to stand in the pillory one hower, & one of his eares nayled to the pillory & cutt of, & to sattisfy the partjes wronged treble damages.
In ans' to the peticon of Hanah Ballantine, the wife of "W" Ballantine, the Court judgeth it meete to grant hir request, & reuerseth y' part of y'' sentenc respecting y* cutting of of hir husbands care.
On the motion of the inhabitants of the new plantation nere North- New toune
^ aboue Spring-
hampton, relating to sundry particculars, it is ordered by this Court, that feiij^ called the 5d toune shall be called Hadley, and that for the better gouerment of ^adtey, theire the people, & suppressing of sinns there, some meete persons, annually
12
THE llECORDS OF THE COLONY OF
IGGl.
22 May.
[*375.]
Hog Island granted to GoOn' Ende- cott.
presented by the freemen vnto this, shall be comlssioned & empowred to act in seuerall services as followeth : first, the sajd comissioners, together w"' the coinissloners of Springfeild and Northampton, or the greater part of them, shall haue liberty & be impowred to kcepe y* Courts appointed at Springfeild & Northampton ; secondly, that the sd comissioners for Hadley shall & are hereby empowred, w"=out a jury, to heare & determine all ciuil actions not exceeding fiue pounds ; S'"^, that the sajd coiiiissioners for Hadley shall & are heereby empowred to deale in all criminall cases according to laue, where the penalty shall not exceed tenn stripes for one offence ; provided, that it shall be lawful! for any person sentenced by the sajd coiiiissioners, either in ciuil or criminall cases, to ajipeale to the Court at Springfeild or Northampton ; fourthly, that the persons for the yeare ensuing, & till others be nominated & chosen, for the toune of Hadley, appointed & authorized as aforesajd, are, Andrew Bacon, INI"' Samuell Smith, «& W W™ Westwood j 5"^, that the coinis- sloners hereby appointed shall take theire oathes before Cap? Pinchon for the faithfuU discharge of theire duty therein, who is hereby authorized to admin- ister the same vnto them. It is also ordered by this Court, that the jurymen freemen for trialls at Springfeild & Northampton Courts shall take information & make presentm'' to y"^ Court of misdemeanors, as grand jurymen vsually doe, or ought to doe, and that the clarke of the Coiu't for Springfeild & Northampton send forth warrants to the three tounes for jurymen, w"" respect to the ease of travill to each_Court, & y' M"^ John Russell, Sen, be clarke of y° writts for Hadley, & y' M' Westwood, or, in his absence, one of the other coiiiissioners, are hereby authorized to joyne persons in marriage at Hadley.
*In ans'' to the request of our honored GoQno'', the Coiut judgeth it meete to graunt him an island lying before Falmouth, called Hog Island, about a league of y" 5d toune, nere y" islands called Stage & House Hands, so it be w"'in our lyne & not formerly graunted, & that it shall sattisfy for so much as the island is in quantity vpon a just measure as part of the thousand acres graunted vnto him 7"' May, 1657.
Coffiittees re- Wee haue, according to order, treated w"> the mint masters, M"' Hull &
n'linT 1- Courts ^' Saunderson, & finde them vtterly vnuilling to pay any certaine proportion to order therevp- the country of the allowance pajd them for coyniug money, only they offered
on.
tenn pounds as a free guift to the country, in case they will please to accept of it ; but the coiiilttee refused that proffer, alleadging that the vse of the mint & house required, in justice, some certaine part of the income receaved by them, w""", vpon examination, will be found to be sixty two pounds vpon euery thou- sand pounds, out of w"^*" the coiiiittee propounded they should allow one
22 May.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 13
twentjeth part for the country ; but they consented not. This is the present 1 G 6 1 . state of that affaire ; leaving it to y" Court to take such further order therein as vnto them seemes meete. Dat 6* June, 1661.
DANIEL GOOKIN, EICHAED RUSSELL, ANTHONY STODDARD, WILLJAM PARKE.
The Court judged it meete to order that this coSiittee should be reim- powred to treate w"^ the mint masters, & to receiue the ten pounds aboue mentioned, & what else they cann get by way of recompence for the mint house for the tjme past, <&: that it be deliuered to the Tresurer to be bestowed in pouder.
In ans' to the petition of Cap? Thomas Clarke, Capt W™ Dauis, & M"' Ans'toCap'
Clark, Cap'
Antipas Boyes, — Dauis, & M'
This Court doeth order, 1. That the said gentlemen aboue named be al- Boyes request
• "^ & admistra-
lowed & confirmed by this Court admistrato'"s of y' estate of the sd M"^ Valen- tion to M'
Hills estate
tine Hill, deceased. , graunted to
2. That the wo^p^i Capt Wiggins & Capt Pendleton be impowred comis- *^^"^;*^°"" sioners for the receiving & improoving of that part of the estate that apper-
teines to the widdow as may be for hir best good, according to theire best dis- cretion.
3. That M' Edw Tyng & M"^ Anthony Stoddard bee & are heereby im- powred comissioners for the examining & determing all debts payable from the sajd estate to such creditors as liue neere ab' Boston, & that the wo'^p" Capt Wiggins & M"' Pendleton be impowred coiiiissioners for examining «& deter- ming all debts payable from the sajd estate to such creditors as liue neere about Piscataq,.
4. That all creditors bring in theire accounts & cleere their clajmes, by due prooffe, w"'in sixe moneths.
5. That all creditors be payd in sequall proportion as the estate will af- foord, the widdowes thirds being first sett out.
6. That the administrato'-s be & are hereby impowred to sell, or other- wise to dispose of, all houses, lands, mills, 8c other estate as may best conduce for the preservation of the estate & payment of debts, by an outcrye or other- wise, as they finde best.
7. That a meete part of the estate be reserved for the creditors in Eng- land, according to the intelligence y' comes to theire hands of debts due there
14
THE RECOKDS OF THE COLONY OF
1G61.
22 May. Ans. to M' Wades peti.
Ans' to Sam. Bemetts peti- con.
[*376.]
Ans' to M' Deane W'in- throps peticou.
Ans' to Cap' Nortons mo- tion ab* pon- der.
Lynn 3 mens pouer to mar- ry-
Ans' to Gcorg Smiths peti- con.
to be payd, notice thereof coming ■w"'in a yeare, & that in the meane time one fowerth part of y* estate be reserved for that end.
In ans'' to the peticon of M"" Jonathan Wade, the Court judgeth it meete, in refFereuce to the seuerall disappointments he hath mett with ab* laying out his fewer hundred acres of land so long time graunted him for disbursement of ffifFty pounds for y* good of y" colony, & that there may be an issue to all questions ah' it, to graunt the sajd M' Wade fewer hundred acres more as an addition to his former fewer hundred acres, & is in full sattisfaction of what is due to him from the country, to be lajd out in any place y' is free from former graunts.
In ans"' to a peticon from Saui Bemett, & on his motion, the Court judgeth it meete to abate the peticoner eight pounds of his fine, as is desired.
*In ans"" to the petition of M'' Deane Winthrop, it is ordered, that the lauds formerly graunted to il"' Mai-garet Winthrop, deceased, mentioned in his petition, be lajd out for the vse of such as haue due right therevnto, & y* Cap? Edward Johnson, Thomas Addams, of Chelmsford, & Jonathan Danforth, surveyo"', lay it out according to that graunt, & to make returne to y^ next ses- sion of this Court.
On the motion of Capt Frauncis Norton, it is ordered, that the survejo''s deliuer vnto Capt Frauncis Norton what pouder shall appeare to be due to him, vnpajd, according to orders of Court, October, 50, May, 54, October, 58, & for the ends therein exprest.
Whereas the magistratticall power, formerly exercised by Majo"" Hau- thorne, is now deriued to the three coiiiissioners, or two of them, by meanes whereof it will be very difficult for y' tounes adjacent to reape y* benefit thereof, it is therefore ordered by this Court, that any two of the coiiiissioners for the toune of Lynn shall for the yeare ensuing, & till further order be taken therein, haue power, & are authorized, to joyne persons together in mar- riage, according to laue.
I^ ans' to the peticon of George Smith, the Court, having pervsed the originall assignement of John Smith vnto y* peticoner, & reed information from some of the Court of the peticoners right, & of a probability that some lands were graunted the peticoner for y* same some yeares since, the records whereof cannot now be found, judge meete to graimt y^ peticoner two hun- dred acres of land in leiw of the twenty five pounds adventure disbursed by y" 5d John Smith in y^ yeere 1628, to be lajd out in some free place by M' Gettings & M' Medcalf, of Ipsuich, -nho are appointed to see the same donne accordingly, & to make returne thereof at y^ next Court of Election ; provided.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 15
if it appeare w^'iii sixe moneths that the peticoner haue receaved sattisfaction 1 6 G 1 .
in land or otheiuise, then this present graunt to be voyd. ' ^ '
In ans'' to the petition of M"' John Higginson, humbly desiring the favo'' , " -^J'
of this Court in the graunt of some lands in relation to service by him donne in Higginsons
petiuon.
being a scribe to the synod in sixteene hundred & thirty seven, &6, the Court
judgeth it meete to graunt the sajd M'' Higginson seven hundred acres of land
in some free place, & not prejudiciall to to a plantation, & that Maj'' W" Hau-
thorne, M'' Edmond Batter, & M"" Jonathan Danforth, or any two of them, be
appointed as a coinittee to lay it out.
This Court, considering the good service of Majo"' Willjam Hauthome, Courts gratuity
for seuerall yeares past, in masfistratticall transactions for the toune of Salem & ° "''"L^ ''"' •' -^ ' " thorne, 500.
Marblehead, and outheruise, to the great hindrance of his personall occasions, & the diminution of his estate, doe hereby graunt vnto him fine hundred acres of land in the wildernes, where it may not hinder a touneship, to be lajd out before the next Court of Election, by M' Edmond Batter, & Left Lathrop, & some approoved artist.
In ans'' to the peticon of Edw Cowell for sattisfaction for his horse, for- Ans'toEdw. merly iraployed in y° countrys service to y" eastward, & now lately againe to -"""^ " pe i- y° southward, it is ordered, that the Tresurer forthwith sattisfy him what he. cann make appeare to be justly due to him from the country.
On the request of our honnored GoQno'', this Court judgeth it meete to 7June, 166I. graunt him a speciall Court here at Boston y" 6^^ day come seven nights, for '^^"'^ °"'^*' the trjall of an action betweene our sajd honnord GoQn'', pi', & M'' W™ Broune, of Salem, defend', in refferenc to y'= ship lately seased at Marblehead, & that as many of the Magistrates as cann be present to heare, to determine the case.
The Court judgeth it meet to order y* Tresurer to sattisfy Rich Wood ■Woodcocks bill
of 4" 9« al-
Cocke fower pounds nine shillings for the repajring of y" countrys armes, as io„-ed. by a bill given in by Capt Dauenport.
*In ans"^ to the petition of the inhabitants of Billerikey, the Court, hauing [*377.] considered of this peticon, together w"' the peticon of M' Deane Winthrops Courts grant
, . . . to Billierikey.
for laying out the lands graunted his mother, & being certainly informed that 4000 acres the toune of Billierikey is a hopefuU plantation, & that they haue & doe en- courage & mainteine the ministry amongst them, & haue waded thro many difficultjes in purchasing much of theire land, & neuer had so much as one third part of lands graunted them by this Court as other villages inferio'' to them haue had, doe therefore graunt the sajd toune fower thousand acres of land, in such place or places where they cann finde it w'^'in this jurisdiction, for the redemption of the sajd lands, provided it shall not pjudice a plantation
16 THE RECORDS OP THE COLONY OF
1 6 G 1 . or any former graimt, & tlint Capt Edward Johnson, Thomas Addaras, w'" ^^ ^ ' Jonathan Danforth, surveyo'"% he appointed to lay it out, & make returne
22 May.
to the next Court of Election. Ans' to y in- In ans'' to the pcticon of Tho Wisewall & John Jackson, in hehalf of
b'rkl'.' pctiCrt ™' sundry inhabitants of Cambridg on the south side of Charls Riuer, this Court doeth order, that all such lands & estate as are found to be more then fewer miles from the meeting house, together w"" the persons thereon dwelling, shall be freed from contributing towards the ministry on the north side the riuer, & shall & are engaged to contribute towards the ministry on the south side the riuer, the measure to be in the vsuall path that maybe ordinarily passed, & this to be vnderstood only during such tjme as the south side the riuer shall Thainteine an able ministry. Ans' to M' In answer to y'^ peticon of M'' John Elliot, Sen, in behalfe of the Indians
forPaucTtucke of Pautuckett, although the Court may not in justice nullify the graunt of land Indians. ^^ ^^/[rs "Winthrop, deceased, or hir heires, yett desire the persons interested in the
sajd grant to accoiiiodate the Indians w"' the smale parcell of land & meadow- desired, so as the peticbner find out a convenient parcell of land elswhere y* may accoiiiodate the grantees in leju thereof, w"'' this Court will graunt to y^ heires of sd M'^' Winthrop. As for y^ lands desired for y'' Indians on the northside of Merremacke, it is ordered, that John Parker & Jonathan Danforth, of Billierikey, veju the place, & if they find it ragged land, & not prejudicial! to a plantation or former graunt, as is expressed, to lay out fiue hundred acres for them, making returne thereof to the next session of this Court. Ans' to M' Cole In ans'' to the peticon of Samuell Cole & James Johnson, the Court
& Cap' John- • ,^ jjj i(. ^^eete to referr it to the County Court of SuflFolke, who are hereby
sons petico. Jo -j
impowred to release the peticoners from theire administratorship, provided the children y' are of age first choose theire guardians, & some due care taken for securing the portions of such as are in nonage, w"" due accompt giuen to flie Court by the sajd administrato''s, to the Courts sattisfaction, of the whole estate coiiiitted to them.
M' Corietts Layd out & exactly measured by me, Thomas Nojes, of Sudbury, in
farme lajd out. ^^^^^j^^^g ^^ ^he graunt of the honored Generall Court, October 18, 1659, M"^ Elijah Corlett, schoblem' of Cambridg, his farme of two hiuidred acres, scittuatc, lying, & being about a mile distant from the southwest angle of the lands formerly graunted to Sudbury ; also hauing a parcell of meadow graunt- ed to M'' Edmond Broune, teacher to y'' chiuxh of Sudbury, on the south, also being about halfe a mile distant northerly from the riuer W'' runeth to Sud- bury, also being about a mile & a quarter distant west noith westerly from
THE MASSACHUSETTS BAY IN NEW ENGLAND. 17
28 May.
the new dwelling house of John Stone ; the sajd fai-me for the most part bor- 1661.
dering vpon the wildernes, & laying in a long square, the longest lines runig
west & by south fine degrees southerly, as it is now marked round by marking
the trees w"' the letter C ; & also two smale parcells of meadow neare adjoyn-
ing to the south Ijne of the sajd farme, & is part of the two hundred acres.
This by me, vnder written, the 28 May, 1661, in preseno of John Stone, John
Bent, & Thomas Read, of Sudbury.
The Court allowes hereof.
*In ans'' to the peticbn of M' Edmond Batter, the Court judgeth it [*378.] meete to graunt the peticoner two hundred & fifty acres of land, provided it Ans'toM' be taken in such place as is free from former graunts & not ^judiciall to a 250 acres. plantation, & that it be lajd out before the next Court of Election, & that Majo"^ Hauthorne & Left Lathrop be appointed to see it lajd out, & make theire retui-ne at the next Court of Election.
It is ordered, that the marke in the margent shall be the brandmarke be- Chelmsford
, . c /-^ll 1 /• T briindmarke,
lougmg to the toune oi Chelmsiord. CH.
It is ordered, that the survcjo" generall deliuer vnto the cap? of the Pouder for y Castle two barrells of pouder for the saluting of ships. salute &c.
In ans'' to y* peticon of Hannah Boyden, relict & administratrix to y" estate Ans' to Han- of Joseph Morse & Thomas Boyden, hir now husband, this Court doeth judge ^j^^ Boyden it meete to confirme the order of the County Court of Suffolk for the diuision P^'"^"- of the estate of Joseph Morse, mentioned in y* peticon, & is. Whereas Hannah Boyden, wife to Thomas Boyden, late relict & administratrix to Joseph ^lorse, of Dorchester & Meadfeild, brought in to this Court an inventory of the es- tate of the late Joseph Morse, in relation to houses, lands, catle, & other goods, amounting in the whole to the value of fower hundred & twenty pounds thirteen shillings & sixpence, as in the sajd inventory appeares, bearing date 25 July, 1654, and now hath brought in an accompt of seueraU debts w'"^ since hir late husbands death she hath pajd, & losse in catle, & by the fall of the price of sheepe, to value of eighty two pounds ten shillings, w'='* accoimt is ouned by the brother & eldest sonne of the late deceased, & also bringing in to this County Court an inventory of what is remayning of the estate aboue mentioned, w* amounts to thi-ee hundred twenty two pounds eight shillings & nine pence, an inconsiderable abatement, considering the chardge the sajd Hannah hath bin at to mainteine hir eight children, being young, since theire lathers death. & whereas Samuel Morse, the eldest sonne of the late Joseph IMorse, is now of age, & desiring w"* the mother that a just diuision might be made of that estate, that he might enjoy his portion, the
VOL. IV. PART II. 3
18 THE RECORDS OP THE COLONY OP
1 G 6 1. Court, considering that seuerall of the children are young, judg meete to order,
' '^ "^ that the eajd Hannah, the reHct, shall haue out of that estate, as hir portion.
Courts allow- *^® soiSe of eighty two pounds eight shillings & nine peuc, thirty two pounds
anc of County whereof shall be in hir liberty, at or before hir death, to giue to one or other
Courts order
for diuicon of or all hir children, or to hir husband, as shee shall see cause, for the en- his estate couragment of him, to help bring vp the sajd children ; and doe order, that the sajd Samuell, the eldest sonne, shall haue in land, as it is prized in the inventory now brought in, the twelve acres in the coinon plajne, fower acres at the north end of the home lott, tenn acres of meadow that Ijes by Charles Riuer, & sixe acres of meadow lying by Bridg Streete, to value of fifty three pounds sixe shillings & eight pence ; & for the eleven pounds thirteene shil- lings & fower pence, w"^ the sajd land amounts to more then his portion, that he give security to the recorder to pay the same vnto the first of his sisters when she comes to y" age of twenty one yeares, or day of marriage, as part of hir portion ; and that the children may haue theire just portions out of theire late fathers estate, this Court orders, that the sajd Thomas Boyden shall haue the rest of the houses & lands of the late Joseph Morse to enjoy to him & his heires foreuer from this day, provided he giue security to the recorder for the time being of this county, to bring vp the rest of the children of the sajd Morse at his charge, till they attayne to the age of fourteene yeares, [*379.] when, if they or either of them shall desire *to choose themselves guardians, & goe to trades from thence,«he shall allowe after the rate of eight p cen? for such of theire portions, w* this Court orders to be to each of them the soine of twenty sixe pounds thirteene ^ & fower pence, to be pajd to the sonnes, ■w*** the vse from the tjme mentioned, at theire ages at twenty one yeares ; & to the daughters at theire ages of eighteene yeeres, or theire day of marriage ; all theire sajd portions to be pajd at theire seuerall tjmes appointed, in good corne & catle, at the currant price. And it is further ordered, w"' the consent of the partjes concerned, that in consideration of the sajd Bojden bringing vp the sonnes of the sajd Morse to reade & write, that in case the sonnes shall choose theire guardians at fowerteene yeares of age, & goe to trades, the sajd Boyden shall keepe theire portions w"'out paying vse for any of them till they attaine theire ages of twenty one yeares, or day of marriage, provided the next Generall Court doe allow & approovc of this order. 31 Jan'y, 1660.
P the Court. EDWAED RAWSON, Recorder.
"\\rch ye Court did allow of as is aboue exprest.
Cambridg, 1000 acr" of land to
be Id out. On request of the deputjcs of Charls Tounc, tlic Court judgeth it meete
THE MASSACHUSETTS BAY IN NEW ENGLAND. 19
to appoint M'' Tho Nojes & M'' Jonathan Danfortli, or either of them, to lay 1 G 6 1 . out the graunts of y" Court to Cambridg & Charls Toune schooles. 18"' ' ' ^ October, 1659. ''^'''-
In ans'' to the peticon of M'^ Peter Hubbard, of Hingham, for this Courts Courts ans' to hearing of the case tried at the last County Court betwene Josiah Cooper & petiCon. ' himself, the Court judgeth it meet to referr the hearing of the case till next Court, & in the interim order the execution ag* sajd M"^ Hubbard to be sus- pended, & y' M"" Hubbard is hereby debarred from making away any part of his estate during that time.
Vpon information given to this Court of scuerall misdemeano''s coiiiitted M' Thorp si- by IM"" John Thorpe, who vndertakes to be a preacher at Scarborough, in answer wherevnto this Court doeth order, & the sajd Thorpe is hereby enjoyned that, after due notice hereof, he forbeare to preach any more vntill Yorke Court next, where the connstable of that toune shall warne him to appeare, together w"* such wittnesses or sufficjent testimonjes taken vpon oath before any empowred to take evidences in that county, w"^*" id County Court shall examine the ground of this complaint, & proceed therein as the lawes of this coiiionwealth doeth provide.
The Court, considering that M' Thomas Flynt, deceased, served the Ans' to M' country in the magistracy & other publicke capacitjes, & some whiles after ggg ^cres. ' publicke allowanc was payd vnto the magistrates, & had no recompence nor any graunt of lands, and that y^ id M"^ Flint left a widdow & numerous family, many whereof were in minority, w'^'^ his second sonne, John Flint, hath, vnder God, binn a great instrument, by his care & dilligence, to support & mainteine, together w"" his dutifull serviceablenes to his mother, improoving the estate left, judg meete to graunt to the widdow of y« deceased M'' Flint & hir Sonne John eight hundred acres of land, to be aequally divided betweene them; that Joseph Wheeler, Lef? Goodnow, & Ensigne Noyes be a coiiiittee to see the same lajd out in a fitt place, free from former graunts & not pju- diciall to a plantation, making returne thereof to the next Court of Election for the confirmation thereof.
It is ordered by this Court, that Capt Thomas Sauage & M' Joseph Hills Audittorsfory«
_ . . T 1 1 m 1 Tres's accomt.
be a comittee to examine and take the Iresurers account, so as to make returne thereof to the next Court of Election, & that the Tresm-er giue notice of time & place to doe the same.
Itt is ordered, that all the Quakers now in prison be acquainted w"' the Quakers dis-
clifl.rd'^.
new lawe made ag' them, & forthwith released from prison, & sent from conn- stable to constable out of this jurisdiction ; & if they, or any of them, be found after twelve howers w^'in the same, he or they shall be proceeded w"" according
20 THE KECORDS OF THE COLONY OF
1 (J 61. to y" law made this present Court, Peter Peirson & Judah Broune excepted,
' < ' persons coudemned to be whipt [in the prison only w"^ twenty stripes apeece.]
,^„'' ' * Judah Broime & Peter Peirson having binn indicted, at the last Court of
[*380.] °
„ Asistauts, for Quakers, & there standing mute, refusing to giue any answer,
Brounes sen- being bouud ouer to this Court to ans"' thelre contempt, & here standing mute
tcnce.
also, the Court judgeth it mcete to order, that they shall, by the connstable of Boston, be forthwith taken out of the prison, & stript from the girdle vpwards by the executioner, & tied to the carts tayle & whipt thro the toune w"^ twenty stripes, & then carried to Roxbury, and deliuered to the connstable there, who is also to tye them, or cause them, in like manner, to be tjed to a carts tayle, & againe whip them thro the toune with tenn stripes, & then carried to Dedham, & deliuered to the connstable there, who is againe in like manner to cause them to be tjed to the carts tayle & whipt w*'' tenn stripes thro the toune, & from thenc they are imediatcly to depart this jurisdiction at theire perrill.
^■Ordcr for a This Coui't, considering the many favo''s wherewith the Lord hath binn
ay o^ thanks- pjgj^ggj (-q compasse vs about for so many yeares past in this remote wildernes, & in spcciall the gracious answer that he hath giuen vs to oiu" late supplica- tion & humbling of ourselves before him, in giuing vs favo"^ in the eyes & heart of our soueraigne lord & king expressed in his gracious acceptance & answer of our late addresse to his maj'^, together w"' our present enjoyments in our churches & Courts y* are yet continewed to vs, as also the mercjes that wee haue had in being preserved from contagious diseases & suiteablenes of the season this present spring, & continuance of the Hues of so many of his aged servants of publicke vse in church & comon wealth, euen while he seemed to threaten vs w"" so great & vnparralell losse in such juncture of time as this is, doe coiiiend vnto our beloued brethren & neighbo''s of tliis colony the tenth of July next that it be kept a solemne day of thanksgiving & returnig praises vnto our good God for these & many other his great favo''s, as well publicke & others more private, vnto w"'' duty all the people of this jurisdic- tion are enjoyned theire due observance, that so thro his gracious acceptance of our vnfeigned desires to acknouledge our sole dependance on his fauorable aspect towards vs, he may still delight in vs to dwell amongst vs, & to be our Guide in all the weighty concernments of this coiiionweale, so as that all our consultations & conclusions may be agreeable to his will & the hono"^ of him whose name wee proffesse, & the blessing of our present enjoyments, both tcmporall & splrittuall, may be left as a legacy to ours after vs.
Wendloclc Xlie Court, hauing considered what Wendlocke Christopherson could say
Christopher- ..«,,.
sons sentence, for liimself in refierence to his appeale from the judgment & sentence of the
June.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 21
Court of Asistants pronounced against him in March last, being brought to 1G61. the barr, judge nieete to order, that the Goueruo'" pronounce sentence of death against him in open Coui't, & to declare that the tjme of his execution shall be on the IS"" day of this moneth of June, presently after the lecture, by warrant from, the Goflno'^ ; provided, neuerthelesse, that if the sajd Christo- pherson any time before his execution shall desire the Courts favo'', & by a writting vnder his hand engage that he will forthwith depart this jurisdiction & from thenceforth returne no more into it, w"'out first hauing obteined leaue from the Generall Court or council, he shall therevpon be dischardged. The Goilno'', in open Court, the prisoner being at the barr, pronounced sentence of death ag' him, & acquainted him w**" the Courts favo' in case.
The Court vnderstanding that Nicholas Vpshall, now in prison, is an oc- Nicho. Vp- casion of drawing many Quakers & others affected to that sect thither, for ^^^j'* pvention whereof, it is ordered, that the sajd Nicholas Vpshall be forthwith sent to the Castle Island, there to remajne vpon his oune charge, & that none be suffered to come vnto him to speake or conferr w"^ him, except such of his oune family w'^'' may come to bring him necessary supplyes, & this order to continue till the Court take further order. The capt of the Castle is to see to the due observation of this order.
*Whereas some Indians, as wee arc informed, pretend an interest in some [*381.] part of the lands of Henry Sewall, w"'' Ijeth at Newbury Falls, sometime M' Order ab' M' John Spencers, w'='' lands were purchased of the sajd Spencer, & also haue binn confirmed by the toune of Newbury vnto the sajd Henry Sewall, it is therefore ordered by this Court, that if it shall appeare vnto the sajd Henry Sewall that the sajd Indians or any other haue any legall right vnto any jiart of the sajd land, that the sajd Henry Sewall shall heereby haue liberty to pur- chase the same of the sajd Indians.
For as much as it appeares to this Court that it is necessary that some Commissioners person or persons be invested w"" magistratticall power referring to Salem & Ij' ^"/f" ^ Marblehead, there being more then ordinary neede thereof, that iniquity may not passe vnpunished, & the occasions of those toune provided for, it is there- fore ordered, that for the ycare ensuing the three coinissioners of Salem, or any two of them, meeting & concurring, shall & hereby are invested w"^ magistratticall power in Salem & Marblehead for the yeare ensuing.
Itt is ordered, that the toune of Hingham pay as a fine to the country iiingham fined the soiiie of fine pounds for not sending a deputy to this Generall Court, as y" lawe in such case provides. „ , „
Springfeild &
Vpon a motion made by the deputys of Springfeild & Hadley, it is or- Northampton dered, that the sajd Springfeild & Northampton be allowed theire country yeere.
22
THE RECOEDS OF THE COLONY OP
K.61.
June.
Kittery bounds.
Ans' to Ben. Gillams peti- con.
dp' Johnson S: M' Cole land.
[*382.]
rate, for this yeare ensuing, for & towards the erecting of a prison or house of correction at Springfeild, so as the sajd house amount to sixty pounds or vpwards, & be finished by the next Court of Election, & returne made thereof to sajd Court.
"Whereas there was a certaine returne sent in to this Court by some of the toune of Kittery for bounding theire tounship in the head line of the sajd bounds backe in to the country, the legallity thereof not so well appearing, it is therefore ordered, that INIajo"' Nicho Shapleigh, M'' Abraham Preble, & M' Ezekiell Knight, or, if by sicknes or weaknes he cannot attend it, M' Samuel! Wheelewright, are appointed a coiiiittee to lay out the head bounds aforesajd from Quampehon, & so to y" extent thereof, & to make a newe returne of the same vnto the next Court of Election.
In ans"" to the peticou of M"^ Benjamin Gillam, it is ordered, that the Tresurer, IVP Duncan, & M"^ Edw Ting be & are heereby appointed a comittee thoroughly to examine the accounts to his peticon aiiexed, & make theire report to the next Court what they shall finde justly due, that so the Court may vnderstand the grounds of his peticon, & what to doe therevpon.
In ans"" to the peticon of Capt Edward Johnson, the Court judgeth it meete to confirme Capt Johnsons graunt according to the limitation re- specting him & M'^ Samuell Cole, according to Courts order, October IS"", 1659, being now layd out as p plott on file ; and considering that M' Cole was an aunclent adventurer in the publicke stocke, & hath binn long out of his money, beene at great chardges & losse in this buisnes, hath approoved him- self respectiue «&: serviceable to this Court, the Court judgeth it meete to graunt M' Samuell Cole three hundred acres more in any place free from former graunts. M' Jonathan Danforth & John Parker, or either of them, are hereby appointed to lay it out, & make retiune thereof to the next Court of Election.
*In ans"" to the complaint of "Wassaraegin, sagamore of Quabacooke, & the Indian inhabitants there, it is ordered, that letters be sent from this Court vnto Vucus, signifying how sensible wee are of the injurjes by him donne vnto vs in the outrages by him comitted by his hostile invading our subjects at Quabacook, who there Hue vnder Wassamegin, theire sagamore, by destroy- ing & killing of some, by carrying away & keeping others captiues, & by spoyling them of theire goods to y" value of thirty seven pounds, as they com- plaine ; willing & requiring of him, the sajd Vncus, to yeild «& delluer vp the sajd captives, & to make restitution for the goods by him so taken from our sajd subjects, and that for time to come he forbcare all hostlllitje & vn-, lawfuU violence towards tlic persons, lands, & goods of our sajd subjects ; & if
.THE MASSACHUSETTS BAY IN NEW ENGLAND.
our said subjects haue donne or shall doe any injury to him or or his subjects, that on complaint to vs, & due proofFe thereof, he shall be righted.
2. That Vncus be giuen to vnderstand, & be assured from this Court, „^
*-* ' Wassamegins
that if he refuse or neglect to release & deliuer vp the aforesajd captiues, and <iedaration ag'
. . Vncas.
also to make restitution for the goods taken from our sajd subjects, that •wee then are resolved, the Lord asisting, to right owe foresajd injurjes vpon him & his subjects for the same, and for all the charges whatsoeuer, that shall arise in the prosecution thereof.
3diy_ That if the sajd Vncas shall put vs to right ourselves by warr vpon him, that wee shall then requii-e sattisfaction also for the Hues of our subjects by him slajne as aforesajd hitherto.
4tiiiy_ That for the encouragement & safety of the sajd Wassamegms & his subjects, there be, by order of Majo' WiUard, 3 or 4 armed men, well accoinodated in all respects, w"" a proportion of pouder, buUetts, & match sent from Lancaster to Quabacooke vnto the sajd Wassamegin, there to stay a night or two, & to shoote of theire musquetts so often and in such uise as the majo' shall direct, to terrify the enemjes of Wassamegin, & so to returne home againe.
5'^. That either the majo'', or the souldiers by his order, advise Was- , samegin & his subjects there, that the Generall Court, the GoQno'', Deputy GoQn'', and magistrates shall take it as an assured token of theire hearty lone & fidellity to the English, & of theire thankfull acknowledgement of all favors extended to them, if they would lett the English haue the bringing vp of those captiues now to be released, & of some of theu-e sonnes also, by meanes whereof they may the better know & serve God, & be the more help- full to theire oune kinsfolke, freinds, «& countrymen afterward, and that M' Eliot be desked to second & forward the motion to Wassamegin & his subjects as often as seasonable occasion shall be ministered.
&^. That either the majo' generall or Majo' WiUard, or the souldjers to be sent as aforesajd in the name of this Court, advise & requier Wassamegin and his men to be very carefull of injuryng or any wayes provoking of Vncas, or any of his men, as he will answer our displeasure therein, and incurre due punishment for the same ; and that if, notw*standing his innocency that way, that Vncas shall invade or injure him as formerly, that he giue notice thereof vnto Majo' Willard, who, vpon manifest invasion and assault of the enemy, shall act & doe according to lawe, in case of alarmn, so farre as to him seemes necessary ; & this shall be his sufficient warrant for the same.
Vpon the motion of Wendlocke Christopherson, the prisoner, making Xtophcrsona
pardon & dis-
known his freedome to depart this jurisdiction, the Coiut graunts & orders chardge.
Quakers dis-
THE KECOKDS OF THE COLONY OF
• him liis liberty, he departing this gouernment when he shall be lett out of prison assoone as may be.
*Itt is also ordered, that Wendlockc Xtophcrson, & all the Quakers no^v in prison, be forthw"' acquainted -w* the new lawe made against them, & charge. forthwith released from prison & sent from connstable to connstable out of
this jurisdiction, Judali Broune & Peter Feirson being, for theire contemjit in Court, tyed to the carts tayle by the executioner, & whipt through Boston w* twenty stripes a peece, & then sent w"^ the rest ; & if any of them be found after twelves howres w^'in this jurisdiction, he or they shall be proceed- ed w* according to y" lawe made this present Court. Charts Toune Itt is ordered, that the County Court at Charls Toune shall & is hereby
jov^m'" ' adjourned to Twesday fortnight, at eight of the clocke in the morning, & all
attachments & warrents to be continewed. Cofiiittee to For as much as the present condition of our affaires in highest concern-
"^"ttenr&c' . ments call for a dilligent & speedy vse of the best nieanes seriously to discusse & rightly to vnderstand our liberty & duty, thereby to begett vnity amongst ourselues in the due observance of obedjenc & fidelity vnto the authority of England & our oune just priviledges, for the effecting whereof it is ordered by this Court, that M'' Symon Bradstreete, M^ Samuell SjTnouds, Maj'' Geii Denison, M' Danforth, IMajo"" W" Hauthorne, Capt Tho Sauage, Capt Ed- ward Johnson, Cap? Eliazer Lusliei-, W Mather, M' Norton, M' Cobbet, & M' Michell be & hereby are appointed a comittee, imediately after the disolu- tion or adjournment of y" Coui't, to meete together in Boston on second day next, at twelve of y* clocke, to consider & debate such matter or thing of publicke concernment touching our pattent, lawes, priviledges, & duty to his maj'y as they in theire wlsdome shall judge most expedient, & drawe vp the result of theire apphensons, & present the same to the next session for con- sideration & approbation, that so (if the will of God be) wee may speake & act the same thing, becomeing prudent, honest, conscientious, & faithfull men.
[*384.] *-^tt the Sessions of the Generall Court, held at Boston, the tenth loJu^e- of June, 1661.
THE Court mett at the time appointed. The ans" of the coiiilttee vnto the matters proposed to theire considera- tion by the honnored Generall Court : —
THE MASSACHUSETTS BAY IN NEW ENGLAND. 25
1. Concerning our libertjes. 1661.
1. Wee conceiue the pattent (vnder God) to be the first & maine founda- "^ < "^ con of our civil politye here, by a Gofln'' & Company, according as is therein exprest.
2. The GoQn'' & Company are, by the pattent, a body politicke, in fact & name.
3. This body politi<»cke is vested w"' power to make freemen.
4. These freemen haue power to choose annually a GoQn', Dep' GoQn% Asistants, «& theire select re^sentatives or dep'^.
5. This goQnment hath also to sett vp all sortes of officers, as well supe- rior as inferior, & point out theire power & places.
6. The Goflno', Dep* GoQn"', Asistants, & select representatiues or dep'' Courts conBr- haue full power & authoritje, both legislative & execcutive, for the goQnment of ^ti^°xx°f:s, re- all tlie people heere, whither inhabitants or straingers, both concerning eclesi- '"''''^ '"^ "^^l*-
tion to our
asticks & in ciuils, w"'out appeale, excepting lawe or lawes repugnant to the liberty from
1 /. -r-i 1 1 & duty to his
lawes ot England. ^^^,,_
7. The goQnment is priviledged by all fitting meanes (yea, and if neede be, by force of armes) to defend themselves, both by land & sea, against all such person or persons as shall at any tjme attempt or enterprise the destruction, invasion, dettriment, or annoyance of this plantacon, or the inhabitants therein, besides other priviledges menconed in the pattent, not heere expressed.
8. Wee conceive any imposicou prejudicjall to the country contrary to any just lawe of ours, not repugnant to the lawes of England, to be an infringe- ment of our right.
2. Concerning our dutjes of alleagiance to our soueraigne lord the king.
1. Wee ought to vphold & to our power majneteine this place, as of right belonging to our soueraigne lord the king, as holden of his maj'''''' manno' of East Greenwich, & not to subject the same to any forreigne prince or potentate whatsoeuer.
2. Wee ought to endeavo' the preservation of his maj*^''^ royall person, realmes, & dominions, & so farre as Ijeth in vs, to dicouer & prevent all plotts & conspiracies against the same.
3. Wee ought to seeke the peace & prosperitje of our king & nation, by a faith full discharge in the goQning of this people comitted to our care : —
1. By punishing all such crimes (being breaches of the first or second table) as are comitted against the peace of our soueraigne lord the king, his royall croune & dignity.
2. In propogating the gospell, defending & vpholding the true Christian
VOL. IV. PART II. 4
26
THE KECORDS OF THE COLONY OP
1661.
10 June.
or Prottestant religion according to the faith giuen by our Lord Christ in his word ; om- dread soueraigne being stiled 'defender of y'' faith.'
The j)>misses considered, it may well stand w"' the loyalty & obedience of such subjects as are thus priviledged by theire rightfull soflaigne, (for himself, his heires, & successo''s for euer,) as cause shall require, to pleade w"" theire prince against all such as shall at any time endeavor the violation of theire priviledges.
Wee further judge that the warrant & letter from the kings maj'-'', for the app>hending of Coi Whalley & Cot Goffe, ought to be diligently & faith- fully executed by the authority of this country.
And also, that the Generall Court may doe safely to declare, that in case (for the future) auy legally obnoxious, & flying from the civil justice of the state of England, shall come ouer to these partes, they may not heere expect shelter.
Boston, 10 4 111, 16G1. By the order & consent of y' coiuittee.
THO: DANFORTH.
The Court allowes & approoves of the returne of y" comlttee.
[*385.]
Courts finall ans' to M' Hubbards peticn, &c.
Courts ans' to Ipswich, Newbury, & Sudbury peti-
Ans' to Boston petico.
*As a final ans' to the peticous of M"' Peter Hubbard & Josiah Cooper exhibited to this Court, it is ordered, that IM"' Peeter Hubbard may haue liberty to revejw his action, brought against him at the last County Court of SufFolke by Josiah Cooper, at the next sessions of this Court, provided he giue legall suiiions to the sajd Josiah, any lawe or custoine prohibiting the same notw"'standing ; & all former ans" to the sajd peticous are here by made null & vojd.
The Court, hauing read & considered of seuerall petitions presented & svibscribed by sundry of our freemen & others from Ipsuich, Newbury, & Sudbury, referring to some things as haue binn vnder consideration about our compljance w*"" England, &^, and as wee cannot but acknowledge theire care, & approove of theire good intencons in most things w'^'' haue binn presented to our cognizance, so wee also must lett them vnderstand that this Court hath not binu altogether negligent to provide for theire & our oune safety, and to manifest our duty & alleagiance vnto his maj'^'', from whom wee haue had such a favor- able auspect of late, doe therefore desire the petitioners will rest sattisfied in what is doune, assuring themselves this Coiu't will not be wanting in the prosecution of such further wajes & meanes as may be most conduceable to our oune peace.
In ans'' to the petlcbn of seuerall the inhabitants of Boston, the Court, hauing received three petitions of the like nature, & haue giuen answer
THE MASSACHUSETTS BAY IN NEW ENGLAND. 27
thereto, judg that the sajd answer maybe to the sattisfaction of the psent 1 G 6 1 . peticoners, to w* they are referred. *~ i' ~^
It is ordered, that M'' Samuell Symonds, for this yeare, keepe Courts at Hampton & Salisbury, w"" Capt Wiggins, & y' M' Edward Ting joyne w* Magist" to Capt Wiggins & the other associates to keepe the Courts at Doner & Yorke. Hampton
In ans' to the petition of Dorothy Vpshall, it is ordered, that Nichohis ^°'2> ^ Yorke, Vpshall be reraooved out of prison forthwith to the house of John Capen, Vpshalls con- in Dorchester, & there confined a prisoner vntill the latter end of eighth moneth next, provided the sajd Vpshall doe not corrupt any w"" his pernitious opinions, or admitt Quakers or other heretticall persons to haue comunion w"" him or recourse to him, in yv"^ cases any magistrate may, by his warrant, comitt him to imprisonment in the Castle Island, according to former order.
This Court, considering theire long sitting already, & the season of the yeare calling them home, & that intelligence is not fully arived from England, nor yet any shipps appearing bound directly thither, judge meete to adjourne vntill October, and, in the interim, doe order, that Capt Daniel Gookin, Majo"" CoSittee to Geiill Humphrey Atharton, W Norton, M"' INIichell, INIajo'" Hauthorne, & Capt '"'^^ ^ ^^' Sauage be a coiuittee to prepare and draue vp letters of thanks to his maj'^, the lord chancelor, & the Earle of Manchester, w"^ letters to M' Saltonstall, Cap? Leueret, & M' Ashurst, and also to consider some way how to raise fower or fiue hundred pounds, for publicke vse, & to returne theire ap]?- hentions to the Court touching the jJmisses ; & if there should be any neces- sary occasion to convene the Court before the tjme appointed, the Gofln'', or others deputed by lawe, doe call the Court ; and if in this vacancy any opportunity present to write for England, the Gouerner is desired by the first conveyance to certify his maj's' or the secretarys of state what himself & the council hath acted touching searching for Colonell Whalley & Colonell GofFe in the prosecution of his maj'^" warrant ; Maj' Geiiil & M' Norton to appoint y* time & place, to giue notice to y"" rest.
*The Generall Court of the Massachusetts in New England. [*386.]
To our ti'usty and wellbeloued Humphry Atherton, sarj' majo' for y" county
of Suffolke. Whereas yow are chosen majo"" generall of all the military forces in this Major Gen"
.,.. . _., o \ ■ r Athertons
jurisdiction, yow are, according to the trust comitted to yow, & by virtue oi comiss». this comission, to take speciall care that all your inferlo'' officers doe, accord- ing to the power & trust comitted to them, faithfully & diligently dischardge theire seuerall places by excercising theire souldiers in military discipline.
10 Juue.
28 THE IIKCORDS OF THE COLONY OF
1 G () 1 . according to the order of the Generall Court, that so they may be made expert & fitt for such services as by the providence of God they shall be called vnto ; and for the furthering thereof, yow may, w"" the assent of the council of tliis coinonwealth, or y" majo' part of them, issue forth your warrants for the ex- ercise of the military forces, according to law, & vpon any suddaine occasion or appearance to j'o''self of any dainger that may call for a military watch befo the council of this coiiionwealth shall assemble to appoint the same, yow are to give order forthwith for the same in pp places yow shall judge need- full ; and in case of any approach, or an asssult of any ennemy, either fForeigne or domesticke, whither by sea or land, or apparent dainger thereof, though yow haue not particcular order from the Genncrall Court or council of this coiiionwealth, yow are forthwith to rayse such forces in any or all the seuerall regiments as yow shall judge necessary for the present service & safety of the country, w*^*" are to be imployed til the council of this coiiionwealth or the Generall Court shall meete & give direction according to the advice of the council of warr, who are alwayes to consist of such sarjant majo''^ & cap- taines as shall the be in y** feild w"' yow, together w''' some select persons that yourselfe & sajd council of warr shall make chojce of, or that shall be ap- pointed by the Gennerall Court or council, to joyne with yourselfe therein, in which council of warr yourselfe shall alwayes haue a casting vote ; which aforesajd forces so rajsed, together w"" such further sujiply as the Gennerall Court or council shall from time to tjme see cause to coiiiitt vnto yow, yow shall coiiiand, conduct, & leade, according to your best skill & abilitje, for the securing of the whole, & for y'' killing, destroying, or taking captive all or any of our proffessed ennemjes, that by open hostilitje shall manifest them- selues so to be, & pursuing them out of our jurisdiction. If yow, w* your council of warr, shall judge meete so to doe, yow haue also hereby power granted yow in all places where yow come to presse great ordinances, mus- ketts, pikes, pouder, shott, match, bulletts, spades, showells, pixaxes, wheele- barrowes, and all other instruments fitt & needefull for warr ; as also pinaces, barcques, boats, catches, & other vessells, horses, oxen, carriages, men to man- age them, & all things belonging therevnto, to supply the present & vrgent necessitjes of your armies ; also, victualls & provision both for man & beasts, keeping an exact account thereof, & giving a ticket by one of your officers to such as of whome yow shall receive the same, that so due payment & sattis- faction may be seasonably made for the same. And when the army is on foote, yourself, together w"" your council of warr, are to appoint captaines, leifteiits, & ensignes, in the roome of any such as may be slajne, dy, be want- ing, or otheruise removed for misdemeano''s or due desert. And further, yow
10 June
THE MASSACHUSETTS BAY IN NEW ENGLAND. 29
haue hereby power giueu yow, & are required, so scone as the army is on foote, 1 G G 1. to call together your council of warr, w'^'' shall not consist of fewer then eight, of v,""^ yo''selfe shall be one, who shall haue power to consult & determine, by the niajo"" vote, w'^'^ way or wayes will be most safe & advantagious for the carrying through the majne designe or designes for w'^'' the sajd forces were raysed, the determination of w"'*' council yow shall not faile to observe in all points which propperly belongeth vnto the council of warr to direct in ; but for the ordering and managing of any battaile in time of service, it is wholly left to yourselfe ; also, yo''self, together w"" your council of warr, shall haue power, & hereby are impowred, to make such wholesome lawes, agreeable to the word of God, as yow shall conceive to be necessary for the well ordering of vo"" army, vntil the Geuuerall Court shall provide for the same ; which, being sufficiently published, yow, with your sajd council, haue liberty, & hereby are impowred, to put in execution, be it the taking away of life or otherwise. And further, yow shall, as much as in yow Ijeth, labo'' to ^vent & suppresse all mutinjes in yo' army ; and in case any shall arise, or any other offence or offences be coinitted, whither by any yo"" officers or coinon souldjers, your- selfe & council of warr, vpon due conviction of such offenders by sufficient testimony, shall & heereby haue full power to censure & punish according to their demerrits, to w''*' end power is hereby given vnto yo-\v & yo"^ sajd coun- cil to examine & give oath to wittnesses as need shall be ministred ; provided always, that yo''self & sajd council of warr be carefuU to observe the orders, instructions, messuages, & directions which already are, or from time to time shall be, directed vnto yow from the Gennerall Court in the time of its sitting, & at all other times from the council of the coiuonwealth. And this yo"' coinission to be & stand in force till the next Court of Election, & til this Court take further order therein. And in full conffrmation of all the prem- isses, wee haue caused the coinon seale of this our colonje to be heere vnto affixed. Dated 28'" of May, 1663. [Sic]
*Layd out for Cap? George Denisson, in the Pecquot country, according [*387.] to a graunt made vnto him by the Generall Court of the INIassachusetts, bear- Cap' Denissona
farme layd out.
ing date 16 8 iii, 1660, two hundred & fiffty acres of land, bee it more or lesse, being a necke of land coriionly called Wecanpauge Necke, or Muck- quatah, bounded tow-ards the west w'" a pond and land graunted to the col- ledge, hauing a white oake marked on 4 sides, standing vpon a litle hill neere a smale swampe, w"' a round rocke very neare it, betweene the sajd land & the joUedge land, runig from the sajd tree to the head of the pond southerly, bounded towards the east w* a brooke called Wickapauge
30
THE RECORDS OP THE COLONY OP
1661. Brooke, & on tlie south w'^- the sea, & on the north with the wlldernes.
' " ' 4 : 5i?i, 1G61.
10 June. DANIELL GOOKIN.
Nouemb' 27, 1661.
The Com-t approoves of this returne on condicon it interferes not w former graunts, nor exceed three hundred acres.
th
[*388.] *Jl speciall Court was called by the Gouerno% to assemble together 7 August. the 7"* .August, 1661.
Present, The Gouerno"', Dep' GoQuo'^, INP Bradstreet, M" Symonds, Capt DanI Gookin,
Maj"" Gen Dani Denisson, Maj^ Willard, Maj'" Geii Atherton, M'' Rich Russell, M' Tho Danforth.
The names of the dep" present. Maj"^ W» Hauthorne, M-^ W» Parkes,
M'' Edmond Batter, Capt Francis Norton, Left Rich Sprauge, Left Roger Clap, Ensigne Hopestill Foster, Capt Thorn Sauage, M' Edward Tyng,
Cap? Hugh Mason, M'' Ephrajm Child, M' Edw Collins, M"" Edw Jackson, M"' Tho Layton, M'^ Geo' Gittiugs, M'' ^ Medcalfe.
THE Court niett at the tjme. After the GoQno''s declaring vnto the Court the grounds that mooved him to assemble the Court together, namely, the ships speedy departure hence to England, &(3, —
Itt is ordered, that the kings mag'>' that now is shall be proclaymed here in the forme hereafter expressed, in Boston, on the eighth day of this instant August, presently after the lecture : —
Forasmuch as Charles the Second is vndoubted King of Great Brittayne, France, & Ireland, & all other his maj'>'^ territorjes & dominions therevnto belonging, & hath binn sometimes since lawfully proclaymed & crouned ac- cordingly, wee therefore doe, as in duty wee are bound, oune & acknouledge
THE MASSACHUSETTS BAY IN NEW ENGLAND. 31
him to be our soQaigne lord & king, and doe therefore hereby proclajme 1 G 6 1 . & declare his sajd maj'^ Charles the Second to be laufull King of Great ^ '^ ^
7 August.
Brittajne, France, & Ireland, & all other the territorjes & dominions thcrevnto belonging.
"^ych ^y^g performed by the secretary, God saue the king, at the time, in Edw. Rauson. presence of y" GoQn'', Colonell Temple, Dep' GoQno', Magist', Deputjes, elders, & multitudes of people, ffower fFoote companjes, one troope of horse, & masters of shipps in harbo' attending.
Whereas it is ordered by this Court, that our souerajgne lord. King Charles the Second, be openly & publickly proclaymed in Boston vpon the eighth instant, at w'^'' kinde of solemnitjes diuers wicked & prophane persons are ready to take occasion to dishonor God, breake the lawes, & abuse them- selves by excessiue drincking, debauchery, & profanes, & for asmuch as his most excellent maj'^ hath by his proclamation signifjed his pleasure for sup- pressing such excesses & profanes, this Coxut doth hereby strictly forbid all disorderly carriages at or after that solemnity, & declare that no person shall expect indulgenc for the breach of any lawe in force amongst vs, but rather to expect a seuere proceeding therein, as the cause shall require, &, in par- ticcular, that no person ^sume to drincke his maj'^^ health, 'w'^^ he hath in speciall forbid, and that this order shall be posted vp in Boston this present day, that all persons may take notice thereof.
This Court haue granted to M' Peter Hubbard, pastor of Hingham, 300 acres three hundred acres of land for a farme where it may be had, not pjudiciall Hubbard. to any plantation.
In ans to the peticon of James Pepin, the Court judgeth it meete to allow Ans' to him as an inhabitant here, so as he vnderstand this Court doth not allowe him „^^^^ _;.( to trade heere contrary to the act of Parlja°* bearing date 25th April, 1660.
Whereas, by the act of the high Court of Parljament, bearing date So"" Courts order Aprill, 1660, in the twelfth yeere of his maj'^= reigne, the seuerall gouerno" bo^^ ''' ™ of each plantation is required to take sufficjent bond of all shipp masters that come from England or elsewhere, of theire making due & true returnes of the produce of the goods here receaved from the ports they are bound hence vnto, to his maj'5'^ officers of his customes in London, as the sajd act provides, this Court judgeth it meete to declare, that the Gouerno"^ for the tjme being is heereby desired, by himself & such officer as he shall appointe, to take effec- tuall coui-se that bonds be taken of all shipmasters coming hither, as that act provides, & returnes made, as is there required, to his maj'>^ customes, before they haue liberty to depart hence, that so this country may not be vnder the least neglect of theire duty to his maj'^° just comands.
32
THE RECORDS OF THE COLONY OF
[*389.]
Lawes -ib* ship- ping & fishing repealed.
Freeraens lib- erty to choose 18 Asis".
Coinittec to take vp moneys.
This Court, w"" refFerence to the great chardg, & expence of time, & otheruise, this ^sent summer, & hinclcrance in harvest by Gods providence, doe order, that the generall trayning of Essex county this present yeare be remitted, & that they take y'' turne y° next yeare.
*The Coiut judgeth it meete to declare, that the lawe, title Ships, second section, that all ships w'"'' come for tradeing only from other parts shall haue free accesse into our harbors, &c^, shall & is hereby repealed ; and also, that the first section of the lawe, title Fish, Fishermen, page 32, shall & is hereby repealed.
Itt is ordered by this Court, that the lawe Ijmitting the nomination of but fo^verteen Asistants be henceforth repealed, and that the freemen be at liberty to choose eighteene Asistants, as the pattents hath ordeyned.
Itt is ordered by this Comt & the authority thereof, that M'' Russell, Capt Sauadge, M'' Edward Tyng, & Capt Norton be a coinittee in the name of this Court to take vp the suiiie of one hundred pounds, & make payment thereof to Capt Leuerett for his expense & former good services for this coun- try ; as also to take order for some certajne soiiie of money to be alwayes in readjnes, as necde shall appeare to M"" Ashhurst, to the value of one hundred pounds, to be by him jmplojed, as neede shall require, in the prosecution of such buiseness of our colony as shall fall out, either by himself, Colonell Tem- ple, or Capt Leueret, or either of them ; and the Tresurer to engage in the name of the Court for thcire reijayment thereof, w"" due allowance for the same, to the sattisfaction of such gent™ as shall make supplyes thereof in moneys, heere & in England, for the occasions aforesd.
At this Court also, it was ordered, that the addresse from this Court to his maj'J' be sent, W*" was.
Courts ad- dresse to his maj'J Charles y Second.
To the high & mighty prince, Charles the Second, by the grace of God King of Great Brittaine, France, & Ireland, Defender of the Faith, &(3.
Illustrious S"^ : —
That majestic & benignity both sate vpon the throne wherevnto your out casts made theire former addresse, witnes this second eucharisticall ap- proach vnto the best of kings, who, to other titles of royaltje coiiion to him •w"" other gods amongst men, delighted therein more peculiarly to conforme himself to the God of gods, in that he hath not despised nor abhorred the affliction of the aflicted, neither hath he hid his face from him, but when he ci7ed he heard.
Our petition was y^ representation of an exiles necessitjes. This script, gratulatorje & lowly, is the reflection of the gracious rayes of Christian
THE MASSACHUSETTS BAY IN NEW ENGLAND. 33
7 August.
majestje. There wee besought your favour, by presenting to a compassionate 1661. eye that bottle full of teares shed by vs in this Jeshimon. Here we also ac- knowledge the efficacy of regale influence to qualify these salt waters. The mission of ours was accompanyed w"* these churches sitting in sackcloth ; the reception of yours was the holding forth the scepter of life.
We are deepely sensible of your majesties intimation relating to instru- ments of Satan, acted by impulse. Diabollicall Venner (not to say whence he came to us) went out from vs, because he was not of vs. God preserve your majestie from all emissaries agitated by an infernall spirit, vnder what appel- lations soeuer disguised. Luther sometimes wrote to y^ senate of Mulhoysen to beware of the woolfe Muncer.
Royall S"": yoiur just title to the crowno enthronizeth you in our con- sciences, your graciousnes in our affections, that insi:)ireth vnto duty. This naturalizeth vnto loyalty; thence we call yow lord, hence a savior. Mephib- osheth, how jpjudicially soeuer misrepresented, yet rejoyceth that the king is come in peace to his oune house. Now, the Lord hath dealt well w"^ our lord the king ; may New England, under yoiu- royall protection, be permitted still to sing the Lords song in this strange land. It shall be no greife of heart for the blessing of a people ready to perish dayly to come vpon your majestie, the blessing of yo"" poore people, who, (not here to alleadge the innocency of our cause, touching which let vs Hue no longer then we subject oiu-selves to an orderly trjall thereof,) though, in the particculars of subscription & con- formitje, supposed to be vnder the hallucinations of weake brethren, yet craue leaue w"" all humillitje to say, whither the voluntary qiutting of our natiue and dearest country be not sufficjent to expiate so innocent a mistake, (if a mistake,) let God, aingells, your majestie, & all good men judge. Now He in whose hands the tjmes & trialls of the children of men are, who hath made your majestie remarkeablie paralell to y^ most eminent of kings, both for y" space & kinde of yo"^ troubles, so as that very day cannot be excepted wherein they droue him from abiding in the inheritance of the Lord, saying, ' Goe, serve other gods,' make yow also (w"*" is the croune of all) more & more like vnto him in being a man after Gods oune heart, to doe whatsoeuer he will ; yea, as the Lord was w"" Dauid, so let him be w"* your most excellent maj'^, & make the throne of King Charles the Second both greater & better then the throne of King Dauid, or then the throne of any of yo"^ royall progenito™. So shall alwayes pray, great S'',
Yo'' maj" most humble & loyall subjects,
[JO: ENDECOTT, Gouerno^]
VOL. IV. PART II. 5
34 THE RECOEDS OF THE COLONY OF
1661. *M another Session of the Generall Court, called by the Gound",
and held at Boston, 27"' of 9""', 1661.
27 November.
[ 3J0.] . Y£ this Court a letter from the kings maj'^ was read in Court, bearing
i\ date the ninth day of September last, in the thirteenth yeare of his maj'^' reigne, in & by y/'^^ his majt^'^ pleasure in relation to y^ people called Quakers was signified, &d.
After the Courts due pervsall & consideration thereof, they proceeded to declare : — Order suspend- The just & necessary rules of our gouernment & condicon for preservation
ab' Quakers. °^ religion, order, & peace hath induced the authority here established from time to time to make & sharpen lawes ag' Quakers in refference to their restles intrusions & impetuous distm-bance, & not any propensity or any inclination in vs to punish them in person or estate, as is evident by our gradual! proceed- ing w*"" them, releasing some condemned & others liable to condemnation, & all imprisoned were released, & sent out of our borders ; all w"^*", not w'^stand- ing theire restless spiritts, haue mooved some of them to returne, & others to fill the royall eares of our soueraigne lord the king w"' complaints against vs, and haue, by theire wearied solicitations in our absence, so farr prevayled as to obteine a letter from his maj'y, to forbeare theire corporall punishment or death. Although wee hope, & doubt not, but that if his maj'^ were rightly informed, he would be farre from giving them such favour, or weakening his authority here so long & orderly setled, yet, that wee may not in the least offend his maj'^, this Court doth heereby order & declare, that the execution of the lawes in force against Quakers, as such, so farr as they respect corporall punishm' or death, be suspended vntill this Court take further order. Cap' Gookin to In ans' to the petition of M' John Elliot, in behalf of the Indians,
amongst v« bumbly desiring y' Capt Gookin may be appointed by this Court, in the Indians, &c. roome of the late Maj"' Geiill Atherton, to keepe Courts amongst the Indians, &6, the Court grants theire req^uest, & appoints Cap? Gookin accordingly to suply Maj"^ Athertons roome. Dayofhumil- It being obvjous to all pious & serious persons amongst vs that wee are
called of God deepely to humble oiuselves for the many & great sinns & euill of the country, as our vnproflitablenes, neglect, & indisposednes to a full inquiry & practice of the order of the gospell ; the great ignorance & inclina- tion of the rising generation to vanity, prophanes, & disobedience ; the sinfuU indulgence in family gouerment ; pride & excesse in apparrcll ; inordinate loue of the world & the things thereof; insenslblcncs of evill occurrences ; & in
THE MASSACHUSETTS BAY IN NEW ENGLAND. 35
speciall, Gods suffering many ennemjes & vnderminers to multiply complaints 1 fi fi 1 .
against vs to our soueraigne lord the king; the impetuous & restles intrusions """^^ '
of hsreticks & ennemjes to the wayes, worship, & ordinances of God ; the ^^ November, cursed combination of Antichrist & his adherents to ruine & trample vpon all the sincere servants of God the world throughout, — this Court doeth coinend the serious consideration of the aforesajd things, w"' others of like natm-e, together w"" the aflicted condition of the people of God elswhere, vnto all the churches & inhabitants of this jurisdiction, & doe appoint the second day of January next to be kept a day of solemne liumilliation and supplication to the Lord for a thorough redresse, & returne from the sajd iniquities, and also for the diucrting such calamitjes as are coming vpon vs & the people of God the Xtian world tluoughout.
Itt is ordered by this Court, that the generall surveyo'^s, w"^ Cap? Dauen- Comittee to port & Ensigne Foster, or any three of them, are hereby empowred, as a ^^''caftlc'''' "™ coiTiittee, to repaire the Castle, & take a due survey of the same, w"' the seucrall workes, batteryes, guns, carriages, &d, and to take care to see the same to be in repaire & fitt for service in all respects, & to charge bills vpon the Tresurer to defray the charges arising for effecting the same.
•Forasmuch as by the providence of God there cannot be an election of r*391.] a serjant majo' for the county of Suffolke as the law directs, it is therefore Order to choose ordered by this Court, that the seuerall touneships for the sajd county shall for Suffolke. meete together, and giue in theire votes, as the law directs, vpon the first third day of January next, «& send the same to Boston vpon the fifth day of the same weeke, there to be opened before two magistrates at the Ancho'', & therevpon to signify who is chosen to that service ; the Gouer" hereby being ordered to install the person chosen for a serjant majo"" in his place, as the majo'' generall by law is appointed to doe.
In ans' to the peticGn of M"^ Kirke, Dcane, &<3.
Whereas a seazure of certaine French goods hath beene made by M' Courts order Deane, M' Kelond, M'' Kirke, &5, who, in prosecution of the sajd case, did s^p & goods. obteine a speciall C'ourt to be called, which, at the tjme appointed, fayling, by the absence of some members thereof, tho at the same tjme seuerall of the magistrates being present, and the sajd gent" preferring a bill of comp" or in- formation concerning the sajd goods, alleadged to be forfeited by the act of trade, the Magis" then assembled, being in no capacity to determine the case, ordered the sajd goods to be still secured till the next Generall Court might take order therein ; and now the Generall Court being occasionally & suddainly assembled, the sajd gen'°, by theire petition, alleadging that some of theire associates & materiall evidences are at present at such a distance, that the
36
THE KECOKDS OP THE COLONY OF
1G61.
27 November. Vide file in y« lock box, De- cemb', 61.
Monlton fined 40'.
Order ab' M' Bradstreets lands, &c.
Order ab* Courts ad- journments.
opportunltys of ibis Coxirt cannot be attended, this Court judgeth it meete to order, that the goods seazed shall still remajne sequestred, or the security w"** is, or may haue beene taken, by y* order of the Magis*% aboue sd, remajne in force to the next Generall Court, and that in the meane time, that no informa- tion or evidenc may be wanting, the secretary is ordered & impowred to take any information the sajd gen'° shall present, & to examine & take the oaths of any & all persons that the id gen'" shall nominate to him, or that he shall know shall be able to glue evidence in y" id case, w'^'' he shall caiefiilly keepe & present to the Geii Court.
Certaine questions relating to y^ Courts sending a meet person or persons w**" an addi-esse to his maj'^, w"" instruccons & provission for moneys to defray the chai'ge of such an vndertaking, so farr as they were agreed vnto, being on file, are referred to y^ next Court, y' determined & issued what in such respect is of concernment to y" country, w* letters from y'' Court to y'^ Earle of Manchester, Lord Say, & Colonell Temple, w"^*" also are on file.
The Magis'^ in Generall Court, after the hearing of the complaint made against John Moulton, ferry man at Winissemet, w*'' what he could say for himself, ordered, that he be admonished for his neglects, & fined forty shillings to the country.
"Whereas the honored M' Bradstreete is called, on the ser'vice of the country, to leaue his family s occasions, & goe for England, this Court doe graunt him liberty, any time w"'in one yeare after his returne, to sue out his interest in any lands w*''held from him by any person, & the sajd aco8n or accons to be in aU points as avajleable as though it haue binne donne before the terme of fiue yeares, according to lawe for issuing such clajmes, the re- cited lawe, or any other lawe, vsage, or custome notw"'standing.
Whereas thro the extremity of the seasons in this country, or other accidents that often happineth, that Courts of justice are sometjmes hindered & put by, to the great ^judice of justice, this Court doeth therefore order, that henceforth it shall be in the power of any one or more of the magistrates, being present at the tjme & place where the Court is to be kept, to adjourne the sajd Court to some more convenient time, as tho the whole Court had beene mett, & all jui-ymen, wittnesses, & partjes sumoned to attend the Court, either in civiil or criminall cases, according to their respective suinons, obUga- tions, attachments, or other process, are hereby bound to such adjoufments, & all proceedings to remajne in force, as though y* ordinary course of time had binn attended.
This Court is adjourned till y« Gofino' shall see cause to call it againe.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 37
*Att a spcciall Sessions of the Gen Court, called by the GoiCnd' 1 fi (1 1 . 8f Magis'', Sr held at Boston, the 81"' of December, 1661.
|
^ ' |
31 December. |
|
|
Peesent, The GoQno', |
Majo'^ Gen Denisson, |
[*392.] |
|
Dep' GoUno', |
Majo'' Willai-d, |
|
|
M"' Bradstreet, |
M'^ Eussell, |
|
|
M"" Symonds, |
M' Danforth. |
|
|
Capt Dani Gookin, |
AFTER the Gouerno' had acquainted the Court w* the grounds & reasons of his & the Magis*' calling them at this season to meete together, —
The Coui-t, duely considering the weight of theire occasions in England, judge meete to order, that M' Symon Bradstreete & M"' John Norton be sent to England from this Court, to present this Courts addresse to our soueraigne lord. King Charles the Second, & negotiate our affaires w* his maj'y & his privy councill according to instruccons agreed vpon by this Court, w"^'' were as foli : —
1. Yow shall present vs to his maj'? his loyall & obedient subjects, & not be wanting to instance in the particculars w'''' most & best render vs so to be.
2. Yow shall indeavo"" to take off all scandall & objections which are made, or may be made, against vs.
3. Yow shall, as opportunity presents, endeavour to vnderstand his maj'^ & councills apphentions concerning vs, & to endeavour the establishment of the rights & priveledges wee now enjoy.
4. Yow shall not engage vs, by any act of yours, to any thing which may be ^judiciall to our fsent standing according to pattent.
5. Yow shall giue vs a speedy & constant account of all yo"' transactions, & what else may be of concernment to vs.
Vpon complaint of the great abuses that are dayly coinitted by retaylers of strong waters, rums, &6, both by the stillers thereof & such as haue it from forraigne parts, this Court doe therefore order, that henceforth no j)erson or persons shall practise the craft of stilling strong waters, nor shall sell or None to still. retayle any by lesse quantity then a quarter caske, & the same to be deliuered, not at seuerall times or in seuerall parcells, but at one tjme, w"'out covyn or fraud, excepting only such as shallbe allowed annually by the County Courts respectiuely, on pccnalty of fiue pounds forfeicture for euery time that any person or persons shall be legally convicted thereof, any lawe, vsage, or
38
THE RECORDS OF THE COLONY OF
Order ab' y« Bynod.
[•393.]
Ans' to Bal- lantines peti- con. 1 Janu., 61.
Cap' Torrcys tecompence.
3 eouiissioners at Di ver.
custome, or former licence to the contrary notw"'standing ; provided alwayes this lawe shall not prohibitt such merchants as haue strong liquors from fForeigne parts in cases from selling the same by the whole case, either to such as are going to sea, or to masters of familjes of good report.
This Court, hauing taken into consideration that there are seuerall ques- tions & doubts yet depending in the churches of this jurisdiction concerning seuerall practicall poynts of church disciplyne, doe therefore order & hereby desire, that the churches aforesajd doe send theire messengers of elders & brethren to Boston the S"* Twesday of the first moneth, then & there to dis- cusse & declare what they shall judge to be the minde of God, revealed in his word, concerning such questions as shall be propounded to them by order of this Court referring to church orders as aforesajd, and that the seuerall churches take care to make due provition for the messengers by them sent.
This Court doe further order, as a meete expedient for the furtheranc of th'ends proposed in calling a synod to be kept by the messengers of all y^ churches in this jurisdiction the 2''- Twesday in March next, that the neighbor- ing elders, w* as much convenient speed as may be, doe meete together & consider of such questions, besides what is here vnder proposed, as they shall judge necessary to be then & there discussed for the selling of peace & trueth in these churches of Christ, & make theire returne w"" as much *convenient speede as may be to y'' GoQno"' or secretary, who is to speede away a copie thereof, w"^ the Generall Courts order, to the seuerall churches, requiring them to send theire messengers to attend the sajd meeting.
Qua;sl 1. Who are the subjects of baptisme.
Quoes? 2. Whither, according to the word of God, there ought to be a conscociation of churches, & what should be y'^ manner of it.
This last question was returned to y' secretaiy by y" elders.
In ans"' to the petition of Hannah Ballantine, the Court judgeth it meete that whereas there is yet vnpajd of the fine w"'in mentioned the some of seventy fine pounds, that the sajd soine shall be payd in three seuerall pay- ments, viz', one S^ part at the end of sixe moneths now next ensuing, another 3'' sixe months after that, & the last third sixe months after that, & that it shallbe accepted of in merchantable caske, as the assignee shall direct, not intending herein to alter anything referring to the first payment.
The Court, considering the service of Capt W™ Torrey, clarke to the House of Deputjes for this present yeare, to be more then ordinary, judge meete to order, that fine pounds, as an addition to his sallery for this yeare now passing, be payd him out of this country rate.
Left Roger Clap, Ensigne Hopestill Foster, & M' Tho Jones being
THE MASSACHUSETTS BAY IN NEW ENGLAND. 39
chosen by the toune of Dorchester to end smale cause, the Court allowes 1661. thereof; and, at the request of the toune of Dorchester, to appoint one of " ^ ^ them to joyne persons m marriage that are pubushed according to lawe, the ^ f, f,. ; Court doth heereby authorize Left Roger Clap for y' service. powred joyne
m 1 -r * . p'sons in mar.
The connstables of L3mn, Hingham, & Concord not hauing made returnes of the warrants sent to theii'e seuerall tonnes for their deputjes to attend this Court, & there being no deputjes appearing, it is therefore ordered by this Com-t, that the sajd connstables, for their neglects, be fined twenty shillings apeece, & the deputjes, for their non appearance, twenty shilUngs a day, according to lawe.
The Comt, considering the shortnes of the tjme for the issuing theire Comittcc to
J. o • • 1 1 1 <• order, &c, ali'
present occasions oi so great concernment, & conceiving that the substance oi our messencs what hath binu propounded, referring both to instruccons & supply of such <=<""'^^- as are to be our messengers to England, are such as be agreeable to the apf?- hentions of the whole Court, yet, conceiving that the fynall conclusion thereof will not only be more readily, but also farre more safely & more con- ducing to the ends proposed, that the same be donne by a lesse body then this Court, doe therefore order, that the honored Dep' GoQn'', Capt Daniell Gookin, M' Danforth, Cap? Eliazer Lusher, Capt Edw Johnson, & M' Joseph Hill to be a comittee, when this Court ariseth, hereby fully impowred & invested w"^ the authority of this Court to issue & determine what yet remajiies more perticcularly to be donne refFcrring to the p'misses, attending as much as may be to the sence of what hath beene for substance agreed vpon, that so the meanes vsed for our safety may not be iraprooved against vs for our ruine. And it is fui-ther ordered, y' what the majo' part of the sajd comittee shall act or passe shall be good & efFectuall to all intents & purposes, and whatsoeuer they shall vnder theire hands act & determine, this Court heereby doth engage to performe. And further, it is ordered, that the id comittee, or majo' part of them, may take all due efFectuall meanes & courses to remoove any obstacle or objection that may lye in theire Avay, and that thfeire determinations be not disclosed vutill this Court shall call for the same. This Court, judging it meete *to add the honored Gouerno'' to this coiuittee, [*.384';] & doe heereby invest them, or the majo'' part of them, w"' that fall power to act & doe whatsoeuer this Court might doe for the acomplishment of the negotiation; & that the Goiierno'' signc the coiiiission & instructions in the name of this Court, and that the secretary be present w"" the sajd coiiiittee, to receive & take the result of what they shall doe, & put the same vpon file, as the records of this Court.
Itt is ordered by this Court & the authoritje thereof, that Cap? Tho
40
THE RECORDS OF THE COLONY OF
1661.
31 December. Coiiiittee to rayse money, &o.
Sauage, ^M' Hezekiali Vsher, Cap? W" Dauis, & the secretary, or any three of them, shall & heereby are impowred, as a comittee, to agree w"" any person or persons in behalfe of the country in refference to the procuring such soines of money for the vse of the country as the coinittee, appointed by this Court to issue & determine what yet remajnes to be donne, shall determine, to be rajsed on the same termes as this Court hath appointed ; & what they shall agree vpon in relation therevnto, this Court doeth heereby confirme & allow, & orders the Treasurer to engage for the same.
The Court agreed on another addresse, w"^*", w"' the last, &c!, was referred to the consideration of the comittee.
The Court also ordered a letter to be writt to the church of Clirist in Boston to stu'r vp their willing minds to part w"^ the Reuerend M"' Jn° Norton, theire teacher, to fiulher the service & occasions of the country, w"^** letter is on file.
This Court is adjourned ; if there be any occasion to call the Geii Court till the 10"" of March next, to be dissolved, & new elected.
1662. ^tt a Generall Court of Election, held at Boston, 7'* of May, 1662.
7 May. TTN ENDECOT, Es^), was chosen Goano-- for y^ yeare, & tooke his f-f oath.
Rich Bellingham, Es^^, was chosen Dep* Gofl, & tooke his oath.
Symon Bradstreet, Es^,
JVP Samuell Symonds,
Capt Tho Wiggins,
Cap? Daniel Gookin,
Majo"' Gefi Daniel Denisson,
Maj'' Symon Willard,
]\I'' Rich Russell, & Tresurer,
M' Tho Danforth, & Coinisssioner,
Maj'' W™ Ilauthorne,
Maj"' Eliazcr Lusher,
M' Edw Rawson was chosen Secretary
M'' Geii & Comissioner.
were chosen Asistants, & tooke all theire oathes, except M'' Brad- street.
The names of the seuerall deputjes retui-nd from the seuerall tounes to serve at this Genii Court, &6, were, —
M'' Henry Bartholmew, for Salem.
Cap? Francis Norton, Left Rich Sprauge, Charls Toune.
THE MASSACHUSETTS BAY IN NEW ENGLAND.
Cap? Roger Clap, Lefi Hopcstill Foster, Dorchester.
Capt Tho Sauage, M"^ Edw Ting, Boston.
M'' W" Parks, Roxbury.
M"' Ephraim Child, ^ Water Toune.
M" Edw Jackson, INI"' Edw CoUiugs, Cambridge.
Lynne. Lefi Jn° Apleton, ^ Ipsuich. M"^ Henry Sewall, Newbury. James Nash, Weimouth. Cap? Joshua Hubbard, Hiugham. Thomas Brooks, Concord.
Left Joshua Eisher, Ensig Dani Fisher, Dedham- Cap? John Pinchon, Springfeild. Left Phillip Chalice, Salisbury. ■ M"^ Samuel Dalton, Hampton. Maximilljan Jewct, Rouley. M' Peter Bracket, Braintry. Capt Rich Waldern, Douer. Capt Edw Johnson, AVooborne. Hadley, W W" Lewis, Hadley. M"' Joseph Hills, Maiden.
Capt Thomas Clarke \\as chosen Speaker.
*As an adition to the lawc about apparrell. Whereas excesse in appar- [*395.J rell amonsrst vs, vnbecoming a wildernes condition, & the profession of the Addition to y
'-' ^ lawc ab* appar-
gospell, whereby the rising generation are in dainger to be corrupted & effemi- rell. nated, w* practises are wittnesscd against by the lawes of God & sundry civil & Xtian nations, it is therefore ordered & enacted by this Court & the authority thereof, that all persons w">in this jurisdiction, wther the children or servants that are vnder goQment in familys, that shall weare any apparrell exceeding the quality & condition of their persons or estate, or that is appar- ently contrary to the cuds of apparrell, & cither of these to be so judged by the grand jury & County Court of that sheire where such complaint or psent- nient is made, — all such persons, being convicted, shall for the first offence be admonished, for the second offence pay a fine of twenty shillings, for the third offenc forty shillings, & so following, as the offences are multiplied, to pay forty shillings a tjme to the treasury of that county. Also, if any taylor shall make or fashion any garment for such children or servants vnder goGnment,
VOL. IV. PAKT II. G
42 THE IlECORDS OF THE COLONY OP
as aforesajd, contrary to the minde & order of their parents or goQno'"Sj euery such taylor shall for the first offence be admonished, & for the second offenc to forfeite double the value of such apparrell or garment as he shall fashiu or make contrary to the minde & order of parents or goGno's ; halfe to the owner & halfe to the country. And all grand jurymen are hereby cu joyned to present all those whom they doe judge breakers of this order.
Encouragera' This Court doeth order, as an incouragement to persons to destroy
■ woolves, that hencforth euery person killing any wolfe shall be allowed out of the tresury of that comity where such woolfe was slajne twenty shillings, & by the tounc tcnn shillings, & by the country Tresurer tenn shillings, w'''' the connstablc of each tounc, on tlic sight of y*" eares of such woolves being cutt of, shall jjiiy out of y*^ next country rate, ^v'^^ y" Tresurer shall allowe.
How to rate Whereas in the lawp, til Publick Charges, page 1-4"*, shecpe are to be
assessed at twenty fiue shillings a head, and that they are now fallen to about a fowerth part of the price they then were ordinarily sold for, A^'hereby many are discouraged for keeping such vsefull creatures, it is therefore ordered bv this Court & the authority thereof, that henceforth the rate for sheepe shall be at tenn shillings a head, any thing in the sajd recited lawe to the contrary notw*''standing.
Ounors of fene "Whereas, the lawes published concerning fences & catle being in this
in wTse ^'"^^* second edition transported from their first order & method, much difficulty doth many times arise concerning the true meaning thereof, whereby great damages doe acrue to many of the inhabitants, & consequently to the country, for prevention whereof this Court doeth order & enact, that where any catle shall trespasse on any propriety not appearing to be sufficjently fenced against swjne sufficjently yoaked & ringed, or cowes & such catle as will be restrejned by a sufficjent fence, in the judgment of vejwers of fences, as l>age 11*, sect 6, in all such cases the owno''s of the fence or of the land shall bears all such damages as to them thereby sustelned, any thing in the sajd order or any other lawe, custome, or vsage to the contrary not w ""standing.
Y' keepers dis- Itt is ordered, that when any persons are coiiiitted to prison in any ciuil
oners In case' action, the keeper of the prison shall not stand chardged w"^ their suply of victualls or other necessaryes ; & in case the prisoner hath no estate, & will be deposed before any magistrate that he is not worth fiue pounds, the plaintiff shall provide for his releife, or otherwise the keeper shall not stand chardged w"" him, & all such charges the plaintiffe shall haue power to levy w"^ the execution before the jiarty be deliuered from prison.
Comittccs Yov the speedy & effectuall finishing of what is needefull to be donne at
power to finish ^ _. .
y« Castle. the Castlc, this Court doeth order, that the comittee appointed for the sajd
THE MASSACHUSETTS BAY IN NEW ENGLAND. 43
■worke shall and are hereby impowred (they or any three of them) to hire, or, if neede require, to impresse both men & matter for the acomplishing of the same, and to charge bills on the Treasurer for payment, or in case they, or any of them, shall pay or cause to be payd any of the sajd workmen out of any of their tonnes, such shall be allowed the same out of the next country rate, and the Treasurer shall discount the same.
*This Court, being sencible of the encrease of prophanes & irreligiousnes, [* 396.1
by reason of the vagrant & vagabond life of sundry persons, as well inhab- O'''^" ab' vag-
r • 1 J- 1 ■ r- ■ ■ ■ abends,
itants as forreigners, that wander from their familys, relations, & dwelling
places, from toune to toune, thereby drawing away children, servants, & other persons, both younger & elder, from their lawfull callings & imployments, & heardning the hearts of one another against all subjection to the rules of Gods holy word & the established lawes of this collony, all which to prevent this Court doeth heereby order & enact that all such persons, wheneuer they may be found in any place of this jurisdiction, be ap^hended by the connstable of the sajd place, w"' or w*out further warrant, & brought before the next magis- trate, who, if, vpon examination shall finde them to such as doe not giue a good & sattisfactory account of such their wandering vp & doune, they shall pro- ceede w* and against them as rogues & vagabonds, & cause them to be corpo- rally punished, & sent from constable to constable vntill they come to the place of their aboad ; or in case they will not confcsse where their aboade is w"'in» this colony, nor yet voluntarily depart out of the same, then to be sent to the house of correction, there to remajne vntill the next Court of that county.
The Court, being informed by the deputjes of the seucrall tonnes that Prohibition of bread corne is scarse amongst the people, & that seuerall ships & passengers ^^^^g flower out of England are arived, & more dayly expected, w"" the consideration of *'^" supplying the fishing trade & others, doe therefore order & declare, that no person or persons shall export out of this jurisdiction any wheate or wheate flower after the 25"^ of this instant mo, vpon penalty of the confiscation thereof vnto the country, one fowerth part whereof shallbe to the informer. This order to continew in force vntill the Genii Court or councill shall take
further order.
There being seuerall rates formerly levyed for repayring the Castle, & Comittees
sundry orders of Court respecting the management of the same, it is ordered Q^^^lg by this Court, that the coinittee apjDointed by this present Coiu-t for repayring the Castle shall & hereby are impowred to account w"^ any whom it may con- cerne respecting the aforesajd levjes, and to examine the due execution of the aforesajd orders, whether respecting Capt Dauenport or any other, & to make returne to this Court at the next sessions thereof.
44 THE KECOKDS OF THE COLONY OP
7 May. Day of humil
1662. Whereas it liatli pleased the Lord, after many yeares of his flitherly ten-
derness towards vs, wherein wee haue bimi a people singularly exempted from his sharpened stroakes, wherein so many abroad haue had so deepe & peirsing liation. a sence, but now of late it pleaseth him righteously, in respect of himself and
vs, to chainge his way, turning our healthinesse into sickljnesse, our sweete vuion to much disvnion, our fruitfull seasons to seasons some times threatning to w^'hold the rajne, as at present, so that the earth «& creatures seemes mournfull, our spirits many wayes exercised as to events & vnsetled as to trueths of great consequence, the cleerenesse of judgment being greatly ad- A'antagious not only to churches but the good of familyes ; and that wee may enjoy and feele more of liis gracious presence in recouering our primative beautje in his wayes, to haue his asistance w"^ our agents abroad, w"" his blessing on the synod now shortly againe to be assembled, & on all other our great concernments, doe judge the Lord calls vs to humble our soules before him, therefore this Court doe coiuend it to the pious care of all the congrega- tions in this colonje to sett apart as a solemn day to that end, to be religiously kept in fasting & prajer, the fifth day of the next moneth, being the fifth day of the weeke.
For the better setling & accomodating of the troopers of the county of Essex, —
Essex troopers It is ordered, that the sajd troope be devided vnder their present
officers, who are impowred hereby to take care & coiuand of the respectiye divisions, viz., that the troopers of Ipswich, Rouly, & Newbury, Andivir & Topsfeild, be vnder the coiuaud of the pisent officers living in the sajd tounes, and that the troopers of Salem, the Riuer Head, Manchestei-, & Lynne be vn- der the coinand of the officers of the troope there residing, & that either of the sajd trooj)es haue liberty to nominate a compleat nomber of officers according to laws, to be allowed & confirmed by the County Court. [*397.] *M' Saiii Dalton, deputy for Hampton, hauing an aged father, since his
Mr. Daitons coming to this Court, daingerously, if not mortally, wounded, by the fall of a tree, desii-ing y'' favor of this Couit, is dismissed his attendance at this session.
Deputys dis- M' Tho Layton, Cap? Joshua Hubbard, & Left Smith, on their rendfng
their excuses for their absence at the last sessions of the General! Court, the Court judged it meete to remitt thcire fines & dischardg them.
Court sen- Tobias Saunders & Robert Burdet, of Road Island, being, on the ll"" of
dcrs.tBurdett. Nouembcr last, brought to Boston as prisoners, by virtue of a warrant from the Gofino' & Magis*^, bearing date 25 8 A, 1661, for a forcible entry & intru- sion into the bounds of Souther Toune, for want of security or bayle to appeare
THE MASSACHUSETTS BAY IN NEW ENGLAND. 45
7 May.
before the Gcnerall Court to ans'' what should be lajd against them, were 166 2. comitted to prison, appearing before the Court, had their full liberty to make their pleas, & in open Court the sajd Saunders & Burdet acknowledged they were the persons that had entred on the lands at Paukatucke, in the bounds of Souther Toune, as aboue. The Court, on hearing of all y" pleas made, sen- tenceth the sajd Tobias Saunders & Kobert Burdett to pay forty pounds for theire offence & towards sattisfaction of the chardges expended in conveying them before authority, & that they stand coinitted to prison vntill the fine be sattisfied, & security giuen to the secretary to the value of one hundred pounds for their peaceable demeanor towards all the inhabitants of this juris- diction for the future. Vide file.
In ans'' to the petition of Samuell Arnold, the Court judgeth it meetc to Ans' to Sam. order, that the administration graunted him the 28"' of May, 1661, to his tjo^ brothers estate, stand vnquestionable for the legallity of it, and that the ob- struction recited in his petition be no barr to his jjrosecution for after times in the County Court for seeking his just right according to the administration graunted him, any thing in the lawe, title, possessions, or otherwise notw"'- standing.
In ans' to the petition of the inhabitants of INIarlborough, the Court Mariboroug judgeth it meete to allow of & graunt their desire as to their brandmarke, & ^y, '
referr them to y'= law dii-ecting by y" selectmen to order the raysing of rates. * ^ns'to their
•^ o J ./ petition.
In ans"" to the petition of Willjam Russell, the Court judgeth it meete j^^^, j^ -^y^ to order, that the marshall, on the extent of the execution on the person Ru^seiis
petition.
or goods of sajd Russell, according to money exprest by the judgm', shall giue the petitioner oppertunity to attach the goods seized, to respond an action of revejw at the next County Court, any thing in the judgm' notw*''standing.
In ans"^ to the petition of Maulden, this Court doe graunt to the ministry Court ^r.-iunt there one thousand acres of land, in any place not legally disposed of, to be ^j. ^^^^ ^^ y. foreuer appropriated to the vse & benefitt of the ministry of the sajd place, & jj^^j^^^"^ not to be aljenated or otherwise disposed of ; & all this on condition that they cause it to be bounded out & put on improovem' for the ends proposed w*in three yeares next ensuing.
The Tresurers acco' not being brought in, it is ordered, that the coiiiittee Comittce to formerly appointed, w"» M"^ Edw Ting joyned to them, are ordered to take his _^"^^, accounts & present them to the next sessions of this Court.
In ans"^ to the peticon of W"" Bojnton, in refferenc to a difference be- Ans' to w» tweene him & M"' Richard Dumer ab' land, the partjes agreeing before the j;"^" ""^ '"^ ' coinittee of this Court finally to issue their difference bv arbitration of two
46 THE RECORDS OF THE COLONY OF
men, •w'^^ each otliei- approovecl of, the Coiirt appointed Majo' W" Hauthorne to be the third person, w"^*" both partjcs consented to. The Court judged it meet to impower fully the sajd coiliittee, or any Uvo of them, Majo"^ Hathorne to be one, fully to determine & setle the case propounded in setling the dis- tinct bounds & bound marks of the lands in question, on a hearing & vejwing the case once w"^in three moneths, and to determine & order who shall defray the chardges occasioned thereby. [*398.] *In ans"^ to the petition of Thorn Beebee, humbly desiring liberty &
Ans'toBce- authofty from this Court to make sale of a certaine house & land at Cape
bees peticon.
Ann, &S,
The Court judgeth it not mcete to graunt the petitioners request, the house & land mentioned in his petition being entayled to heires vnder age, & out of this jurisdiction. Ans'to M" In ans'' to the petition of M"'* Margaret SheafFe, relict & administratrix to
lea eb pe . ^^^ estate of the late Jacob SheafFe, humbly desiring the favo'' of this Generall Court to impower M"" Joseph Rocke, administrato"'' to the estate of the late ^I'' John Cogans, to make a firme deede of sale to hir for that house & land w'^'' she lately purchaSd of M"'^ Coggan, & adjoyines to hir oune, hauing payd y° sd M" Coggan, to a smale matter, for the same, y' so she might be enabled to pay hir late husband Coggans debt, as y' order of this Court, October, 59, did impower hir, the Court, on pervsall of y* order & accomt, judge meet to graunt y'^ peticoners request, so as the heires, execcuto"^^, or administrato'^^ of M'" Coggans estate, or y" petitioner, performe what the forementioned order requires. Ans' to Rich. In ans' to y" petition of Rich Parkes, of Cambridg, the Court declares,
ar s pc icon. ^^ ^^^ contincw his chuixh fellowship, according to his desire, till he shall see cause to craue dismission or disinction not crossing the order of the Generall Court of May 22, 1661. Ans' to Rich- In ans"" to the peticon of Richard & Isack "VVooddee, the Court, on hear-
Wooddees i"o the Case, and on pervsall of an order of this Gen''ll Court, dat October, peticon. gg^ £q^ securing thii'ty fiue pounds vnto the petitioners, w*, for ought ap-
peares, is not performed, doe therefore order, that the administrate" of M" Martha Coggan be responsall for the same, as also to make good all just dam- ages for non performance of sajd order. Ans' to w» In ans' to the petition of Robert Seaver, administrate'' to y^ estate of AV™
. eaicrspc i- Pg^cocke, the Court judgeth it meete to allow & approove of the order of the County Court in y" case mad 29: 8, 61, & that the house & land be sold accordingly.
Ans' to Tops-
fcild peticon. In ans'' to the petition of the inhabitants of Topsfeild, the Court judgeth
THE MASSACHUSETTS BAY IN NEW ENGLAND. 47
It meete to order that the dividing line betweene them & Salem shall be runne by Ensigne Noyse & Jonathan Danforth according to the determination of this Court in October, the charge thereof to be oequally borne by both tounes concerned.
In the case depending betweene Eobt Marshall, of Boston, pi', & Chris- Couvts jiuigm' topher Palmer, of Hampton, defend', coming to this Court by the cUsagreement Paimeri "ase of y'= bench & jury, the Court, on a hearing of the case, & evidences thei-ein, doe findc for the plaintiffe, viz., Robt Marshall, concurring w"" the verdict of the jury at y" Court of Assistants reuersiug the judg'"' of Hampton Court, & graunted the sajd Marshall costs of Court, i. e., twenty three pounds fower- teene shillings onepenny.
In the case presented to this Courts cognizance from the Court of Asist- Courts judgm' ants, by way of appeal, betweene Xtopher Palmer, plaintiffe, & Robert IMar- xtopii^rVaV shall, defend', in an action of tlic case for breach of couenant, the Court, on ""'^ * Hubert
Marshall,
hearing of the case, & evidences therein pisented, doe find for the defend' costs, fewer pounds three shillings.
It is ordered, that Capt Richard Waldern is & shall be heereby impowred Cap« WaUeme to marry such as shall be published according to lawe w"^in the precincts of ^^^.^^^y ^.g Douer.
In ans' to the petition of ]\Iary Chichester, the Court judgeth it mccte to Ans' to Mary confirme & approove of hir sale of husbands house & land in Salem, he hauing petition binn fiue yeares absent from hir at Virginea, many debts hauing beene con- tracted for hir necessary support, & the charge of y" repair of y"* house being more then she is able to discharge, the whole value of it being but thirty pounds.
In ans"^ to the petition of John Yiall, the Court judgeth it meete to referr Ans»to John
1 -.^ /~i /-< ■ -r, 1TT1 Vialls petition.
the peticoner to y'= County Court next m xsoston, to be licensed to keepe a tauerne or not, as they see cause.
*In ans\^r to the petition of Capt Francis Norton in behalfe of the Artil- [*399.] lery Company of Midlesex, the Court judgeth it meete to graunt the peticbners, '["* '^.'i'^'^'' '" the Artillery Company there, & their successo" in that service, a thousand Company of acres of land where it may be found, according to lawe.
In ans'' to the petition of Jane Harwood, the Court judgeth it meete to Ans'to jane
1 1 -• 11 1-1 •! • i.>»T,^o Harwood.
to leaue the petitioners daughter to hir liberty to come into this junsdicon, cc submitt hirself to the justice & mercy of the County Court.
In ans"" to the petition of Samuell & Nathaniell Sherman, & Mary Clarke, Courts judgm' children of Samuell Shearman, long since deceased, &S, the coinittee of this estate. Court, hauing considered this petition, & heard the petitioners pleas, & an- swer of M'^ Colebron, one of the administrate" to that estate, & pervsed the
7 May. Ans' to M'
48 THE RECORDo OF THE COLOjSY OF
1 G G 2. seuerall writtings by them produced, returnd, that the petitioners had no ^^ "^ such cause of compkint therein, yf"^ the Court allowed of & confirmed.
In ans'' to the petition of Benjamin Newbury, Daniel Clarke, & Sarah Neubury& M' Woolcot, in behalf of himself, & in right of their wives, children of the late
Clarks peticon.
M"' Thomas Newbury, the Court jiulg it meete to declare, that, after theire
consideration & examination of the graiint, & evidences in the case, produced
som testimony of a sale, & some probabillity of payment thereon, they see no
ground to graunt their petition for laying out the lands thereon mentioned ; but
if sattisfaction be not made accofing to agreement, the petitioners, or whom
els it may concerne, may recouer sattisfaction, w"' just damages.
Ans' to Ri. In ans"' to the petition of Rich Bellingham, Es^*, Dept Gofl, the Court,
Esq '"petition Considering the grounds of his petition, judge meete it be declared, that the
petitioner, continuing his claime to the house & land mentioned in his
petition, by causing the same to be entred w"» the recorder of that county
before the 20"' of this instant, he may then prosecute his acoon or actions ag'
such as doe w"'hold his interest thei'cin at any Court of that county as to him
shall seeme meete, any other acceptation or inter^tation of the lawe, title
Possessions, notw"'standing ; & in case he be not sattisfied w"" the judgm' of
the County Court, he may appeale as the lawe giucth liberty.
Order to lay On the motion of M' Richard Russell, referring to the setling of the
°" ' ' ''^' lands of his farme betweene Manchester & Glocestcr, it is ordered, that in
sells farme. '
case the gen'" nominated in the order of Court shall refuse or neglect to attend the same w^'in two moneths, the sajd INI"" Russell, giving due notice of this order to the coiiiittee & tonnes concerned, may then take an able siuveyo' to determine the bounds. Ans' to Hollo- Ii'^ fus"^ to the petition of W"' llolloway, father to the late John Hollo-
ways petition. .^yJ^y^ ti;,at; scrvcd the GoQno' as a serjant neere two yeeres, the Court judgeth it meete to graunt the sajd W" Holloway, the father, (to whom administration was graunted by the County Court to the estate of sajd John, Iris sonne,) one hundred & fifty acres of land in some free place neere to some plantation or farme. CoiTiittee to Capt Francis Norton & il'' Edward Tyng are hereby impowred, as a
take 3" sur- coiiiittee, to take the generall surveyor's account respecting armes & aiiiunition
vejo'» account. ' " -^ j o
& to make returne of what they finde therein to the next session of this Court. M' Danforth The (Jourt judgeth it meete to graunt to M' Thomas Danforth two hun-
dred acres of land, adjoyning to some lauds he hath, betweene Conecticot path & Marlborough, & appoint Ensigne Noice, of Sudbury, ^^-"' old Good- ■ man Rice & John How, to lay it out, w"" other lands graunted to him by this
210 acres.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 49
Court ; & the act of any two of them to be accounted A'alid, both for quantity 1 G G 2. & quallity. ^~' ^'
Vpon a motion made in the behalfe of the toune of Hampton, M"' ., _ Samuell Dalton is appointed to solemnize marriage there betweene persons ton to maiTy at
Hampton, &c.
published according to lawe.
*In the case of Abraham Bromie, of Boston, merchant, atturney to Thomas, [*400.] Isacke, & John Hallet, merchants, plaintiffs ag' Mathcw Armestrong, late Courts judgm«
in M' Broune
master of the good ship called the Willjam & Thomas, defend', coming to cS: M' Arme-
stroii*^s c^sG
this Court by the disagreement betweene the bench & jury, after the Court " had duely considered of the Courts judgm*', w"' the evidences in the case pro- duced, which are on file, this Court doe judge, declare, & order, as a finall issue of the sajd case, that the sajd ilathew Armestrong, appearing before the Gouerno'", or any two magistrates, shall cleare himself, on oath, of all the money he came from Tortoodars, reserving oncly one fifth part thereof to himself for his care & pajnes in preserving the same ; and that on the receipt of the sajd moneys, the plaintiffe shall giue him a full discharge from all further molestation referring to the moneys by them coinitted to the custody of the sd Armestrong. And this Comt doe order, that in case the id Armestrong shall refuse to cleare himself by his oathe, he shall then pay to the plaintifis fewer hundi'ed pounds, and in case that, by the providence of God, he be prevented of such an oppertunity, then his suretys shall pay vnto the plaintiffs one hun- dred & sixty pounds in currant money of this countrey.
For a finall issue of the coutrouersy betweene the toune of Dedhame & Courts judgm* some particcular inhabitants of the sajd toime «&: the Indians at Naticke, the y'lndianscase Court, having considered the pleas & evidences psented by both partjes, and finding that although the legall right of Dedham thereto cannot in justice be denyed, yet such haue binn the incouragement of the Indians in their im- proovements thereof, the which, added to their native right, w* cannot, in strict justice, be vtterly extinct, doe therefore order, that the Indians be not dispossessed of such lands as they at present are possessed of there, but that the same, w"' convenient accomodation for wood, & timber, & high wayes thereto, be set out & bounded by M"^ Thomas Danforth, 'M' W" Parkes, M'' Ephraim Child, & M"^ Edw Jackson, or any three of them, who are hereby appointed a coiiiittee to execut this order, and that the damages thereby susteined by Ded- ham, together w"' the charges expended in suite about the same, be also considered & determined by sajd coiuittee, & such allowance made them out of Naticke lands or others yet lying in coiiion as they shall judge sequall, & apoint, making report to this Court the matter of charge, that so the Court may determine where to lay the same or any part thereof
VOL. IV. PART II. 7
7 May. Onlor n.bt Nic*
50 THE KECOKDS OF THE COLONY OF
1 G G 2. This Court, finding that Nicholas Vpshall, being formerly sentenced tc
perpetuall imprisonment, & obteying a reprivall, hath greatly abused their lenity towards him, doe therefore order, that he shall be againe confined to Vpshall. the house of John Capon, of Dorchester ; & in case of his refusall or non
attendance thereto, to be coiiiitted to prison by warrant from the next magis- trate. W' Dauison, This Court, on request of IMiddlesex troope, doe allow & confirme M'
Midd troone Nicholas Dauison cornet of the sd troope, vnder the coiuand of Left Tho
Prentice. Acts of the The returne of the coiiiittee appointed at a Gcnerall Court December
firmed &c in 31, 1661, for the furtherance of the honored coiliissioners for our negotiation rctieience to o' ^^th ]^jg royall mai'^, being openly read when the whole Court was mett to-
messeng"ne- ■' •' a l j
gotiation. gether, this Court doe approove & confirme the same, w'^'' rcmajnes on file. Order ab' Col- This Court doeth order, that Edward Colcott be sent for, by warrant
from the secretary, & coinitted to the house of correction in Boston, there
to remajne, according to the sentence of Hampton Court, vntill he have giuen
bond to the value of fifty pounds for his good behaviour. 500 acres In ans'' to the peticon of M' Tho Cobbet, of Ipsuich, the Court Court
M' Cobbett j^^i^geth it meete to graunt him five hundred acres of land where he cann find
it according to lawe. r* •401.1 *This Court doeth order, that what moneys or goods doeth yet remajne
Order ab' Mar- in Robert Marshalls hands yet vnpajd to Edward Colcott, according to con- jj_ tract, in exchang of the horses, shall be pajd by the sajd INIarshall to Xtopher
Palmer, or allowed in part of the judgm' of this Court graunted to the sajd
Marshall. Ans'toBogge- In ans"" to the petition of the inhabitants of Boggestow, it is ordered,
stow peticon. ^^^^ ^j, Edward Jackson, II' Ephraini Child, INI' AV- Parks, & Ensigne
Fisher, or any three of them, shall & are hereby impowred, as a coiTiittee, to
vejw the place, & returne their apphentions to the next sessions of this Court,
for setling a touneship there, as is desired. Cap' oiia to It is ordered, that Capt James Oliuer take care that due lodgings
Z!!T..LI\r,^L^ & provissions in an honorable way be provided for the coinissioners of the
colonjes & their attendants at their next meeting at Boston, on the countrys
accompt. A touneship In ans' to the petition of seuerall ^ the inhabitants of that part of the
■V'nc"ta'quisset ^oune of Dorchcster where is sittuate on the south side of Naponsett Eiuer, now called cofnonly called Vncataquissett, humbly desiring tliat according to the tcrme & 1662. teno' of their graunt from Dorchester, w'''' is annext to their peticon vndr the
hand of W" Blake, recorder for y*^ tounc of Dorchester, to confirme the
TIIE MASSACHUSETTS BAY IN NEW ENGLAND. 51
sajd graunt vnto them, w* id graunt is on file, the Court judgcth it meete to 1 G G 2. graiint their petition so farre as it concerues a touuship, &, on their request, ^~' '' ' doe order that the sajd place shall be called IMllton. "^'
A farme of two hundred & fifty acres of land, formerly graunted to 2.50 acres lajd Edward Rauson, is lajd out fewer or fine miles beyond INIeadfeild, bounded ^„ -^^ Rausoa ■vyth A B C D, lying at the west end of M"" Lynds farrae, betweene Natick Ijne & M'' Winthrops farme, & is wrought by the scale of the thirty two part of an inch for two rod, as p a plot giuen vndr the hand of
JOSHUA FISHER.
The Court allowes & approoves hereof.
In ans'' to the petition of Majo"' Gen Daniel Denisson, it is ordered, that Comittee to Maio' Hauthorne & Ensicrne Houlet shall & hereby arc desired & impowred J!'^"",^^ ?■'' to lay out his three hundred acres, & a former graunt of seuen hundred acres * ''^P' sen-
farme.
to M"' Bellingham, betweene Andluer, Salem, & Rouley, so as that both farmes be layd out for quallity according to each proportion as the place will beare.
In ans"' to the pcticon of Hannah Muniugs, this Court declares, that the Hannah Mu- peticSn doe not belong to the cognizance of this Court, & doe therefore order "'""^ ^"^ "'°°' the peticon, & pay be returiid to the peticoner.
In ans'' to the peticSn of Papisseconeway, this Court judgeth it meete to Indian pianta- graunt to the id Papisseconaway & his men or associates about Naticot, '"" "P"'^'^- aboue INI'^ Brentons lands, where it is free, a mile & a halfe on either side Merremacke Riuer 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 tliis Court first obtejned.
In ans"' to the peticon of Tho Clarke, George Coruin, & Tho Lake, for Ans' to M' themselves & company, the Court judgeth it meete to allow the petitioners &compapetic 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 reffcrenc to the estate of Sam Robbinson, it being doubtfull whither Sa. Robbinsons the will be vnder probate or not, but the testimony s 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 direccou in disposing the estate of the sajd Sam Robbinson.
In ans"" to the jicticon of Nath Sternes & Anthony Fisher, the Court sees Ans' to Stemes
poticO.
no cause to graunt their request.
It is ordered by this Coui-t, & the mint master is hereby enjoyued out of
52
THE RECOKDS OF THE COLONY OF
ir.G2.
7 May. Order for cojTi- in" 2"".
[*402.]
Springfeild, Nortliampton, & Iladley called Hamp- shire.
Ans' to wid- dow Palmers peticon.
Courts sen- tence ag^ Jn* Baker, .Stc.
tbe first bullion that comes to liis hand to coyne two penny peeces of siluer in piopoition 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 smalc 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 Kiuer, who by reason of their remotenes cannot conveniently be annexed to any of the countyes already setled, & 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 tonnes 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 come, then to be made at such prises as the lawe doe coiuonly 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 Coxut 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 sentenccth them to be seuerely whipt w""
THE MASSACHUSETTS BAY IN NEW ENGLAND. 53
tenn stripes apeece forthuith, & be bound to their good behauiour -w"" surctjes 1 G G 2. of twenty pounds apeece till the next County Court at Ipsuich. "^'
In ans'' to the petition of John & Thomas Baker, the Court, considering guspention o. the humble acknowledgement of the petitioners, & their ample justiffication J" Bakers exe
_ cution.
of the authority of the country, doe order the execution of the sentence of this Coui-t 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 personall 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 sd Court be comitted to prison. Security was gluen 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 Groa that the cofnittee for selling the plantation by order of this Court haue made ^° ^'^ 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
. graunted to
at Plimouth, made it their desire vnto this Court to graunt a convenient quan- cashawasset &
tity of land in the Pequot country for a plantation vnto Cashawassit & the ^' ^^^''^i^'^^g
Pequot Indians, our subject vnder his coiuand, 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 graunted,
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 Dennlson, M' Amos Eichardson, & Thomas INIinor, or any two of
them, are to see the same layd out accordingly, & make a retui-ne to this
Court.
*Vpon complaint by the Indians, & some English, that dwell in the [*403.] Narrow Ganset couutrey, that one John Ashcroft, an Englishman now dwelling Indians compi'
•' ag' Ashcroft.
in Souther Toune, hath, w"' great inhumanity, broken open & robbed an Indian graue, wherevpon the GoQno'' sent a warrant to the connstable of Souther Toune to ap^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, alleadgiug that the sajd Ashcroft is vnder attachments for debt, to respond before the comissioners at Southertoune, therefore did not send him to Boston,
54 THE RECORDS OF THE COLONY OP
7 May.
1 G G 2. pleading ignorance of the lawe & his duty in that respect, the premisses con- sidered, tliis 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 warraiit 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* Capl Daniell Gookiu, Cap? 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 an 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 compi« Whereas there is a complaint made by Thomas ]\Iinor, of 3Rutherton, &
the coiiiissioners 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 comj)any by certein Indians of the Narrowganset coun- try, living at a fort, ouer whom one called Shumatucke is sachem, this Court doeth order, that Capt Gookin, w*'' an Inter^ter, 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, cither 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 womj)om & strong waters for taking them vp, or otherwise vsing any threatening words to oiu- people ; also, to require the sajd sachem to make restitution vnto Thomas Minor to his sattisfaction, or otherwise to appeare before the coiiiissioners of the Vnited Colonjes, at their next meeting at Boston, to cleare himself.
20D acres layd Layd out two hundred acres in a convenient place, not yet disposed or
Smith &e"^^* giuen to any, in the south side of the lands formerly graunted to Ilarman Garret, vpon Asibath Riuer, & 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. 65
7 May.
of meadow joyneth to the sajd vpland. Also lajd out vnto the afovesajd 1 G 6 2. Georg Smith twenty acres of meadow on the north east side of the afore- said one huncbed seventy eight acres of vpland, which said meadow joyneth oil 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 gravinted to Harman Garret to Sudbury mill, all which foresajd one huncbed 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.
T!ie Court allowes & approoves of this returne.
*In ans"^ to the petition of Benjamin Gillam, Sen, the Court declares that [*40-l.] the ffines at present due to the county for y* delinq^uency of the petitioners To the Countje
Court.
wife being payd, w"' exception of such part thereof as arise from the time j^^^, ^^ j,, of liir inability to attend publicke ordinances alleadged, if prooved, she may Giiiams peti-
con.
be dischardged fi-om 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.
Cap? Robert Lord, coinander of the ship S' George, being sent for, the Order ab« Ann
, , . Coleman &
Court declared, that they sent for him to giue an account for his bringing in c^pt Lord Ann Coleman, Quaker, a decrepit person, a notable & fitt instrument of that "'^ " cursed sect, duulge their tenents, & came furnished w"' many blasphemous & haBrctticall 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 id 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 soiiie of one hundred pounds, yv''^ 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 id Ann Coleman to come on shoare, but keepe hir on board whilst he is hcerc, & carry hir hcnc to the place from 'v^hence he brought hir.
56 THE RECORDS OF THE COLONY OF
1 G G 2. It is ordered, that Majo"" Eliazer Lusher joyne to keepe County Courts
"■ n ' in Salisbury, Hampton, & Doner for this yeare ensuing.
^^' Itt is ordered, that for & in consideration of M^ Thomas Danforth his
Mil)' Lusher to
kecpe Douer & furnishing the coinissioners to Yorke, i. e., M-'"' Genii Denison & Maj' W" Courts. Hawthoin, w"' tenn pounds money, shall haue graunted him, as an addition to
M' D.mforth tJ^g (;■^y(J hundred acres of land graunted him by this Court in 6"" page of this
graunt for 10"
moiicy, &c. session, so much land lying betweene Whipsufferage & Conecticutt path, ad- joying to his farnie, as old Goodman Eice & Goodman How, of jSIarbleborow, 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 Plimovith, & since whereof he Avas one, the Court judgeth it meet to graunt him three hundred acres of land where it is to be had, not hindering a plantation. Couiittee ali« In aus'' to the petition of the inhabitants of Boston, craving the favor of
raUo™ or ad- ^^^^ Court for Some further power in refference to the well ordering of trade ditionofpowcr, ^ tradesmen, & the suppressing of the vices so much abounding there, the Court judgeth it meete to graunt theire petition, & doe order & impower Francis Willowgby, Es^, Maj' W" Hawthorne, M"' Heniy Bartholmew, Cap? Francis Norton, Capt Edw Johnson, & M"' Edward Collins as a comittee 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 vpou to the next Court of Election. [*405.] *Itt is ordered, that Majo'' John Leueret haue graunted to him fine hun-
1000 acres of {[j.^^ acres of land, referring to his services for the country both in England &
land graunted
to M' Jn» Lefl- here, w'^'' fine hundred acres shall be lajd out to him, together w"^ fine hun- g^- ^ ' dred acres more formerly granted to him in refference to his fathers adven-
ture of the soiiie of fifty pounds put into the publicke stocke, in consideration whereof Bruisters Islands were formerly graunted to y" sajd jSIajo"^ John Leueret, but since adjudged by this Court to belong to the toune of Hull ; wherevpon the Court graunted the fine hundred acres last mentioned ; this thousand acres to be lajd out in any one place, not JJjudicjall to a plantation, that is free from formei* grants ; & Ensigne John Euered aljas Webb & Jonathan Danforth arc hereby appointed to lay out the two grants aboue mentioned, & to make returne thereof to the next Court of Election. Ans' to Rich. jj^ ^^^^r [q j^g petition of Richard Knight, humbly desiring this Courts
Knigiits peti-
co. favo'' to rcmitt the forfeiture of forty shillings for not jirosecuting an appeale
TlIK MASSACHUSETTS BAY IN NEW ENGLAND. 57
his wife made in his absence w"" Jn" Witherden, from y" coinissioiiers of Bos- 1 G 6 2. ton judgm' in June last, he being sattisfied w"" the id judgm', & not desiring ''
to put the Comt or others to trouble, &c^, the Court judgcth it nieete to graunt his request.
Layd out to ^I"" Edmond Batter, of Salem, two hundred & fifty acres of M- Batters land, more or lesse, in the ^yildernesse on the north side of Merremacke Riuer, allowed, &c. and on the west of Beauer Brooke, begining at a place called Double Brooke Meadow : it joynes to Beaver Brooke about sixty two 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 comonly 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 iii, 1662. The Court allowcs of this returne, so it exceede not two hundred & sixty acres.
Layd out to Arthur INIason, of Boston, one hundred acres of land in the Arthur Masons wilderues on the cast of ^Icrremacke Eiuer, being bounded by M'' Duiiier on ^^^ the south, one hundred & eight pole ; by Merreniack Bluer on the -west ; by ''"' ^"^^• land lately layd out for Billirrikey on the north, one hundred seventy eight pole ; the wildernes els^hcre surrounding, according to marked trees bounded w"' E, as by a plot taken of the same is more ffully shewed by Jonathan Danforth, survoyo''. 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 tht M' Sam. Sy-
monds 500 ac'a
riuers side, (right oner against M'' Margaret Winthrop farme of three thou- land lajd out.
sand acres, which Ijeth in the bounds of Billirikey,) at the mouth of Concord
Eyuer, vpon a brooke called by the Indians Pophessgosquockogg, begining
about one hundred forty sixe pole below the.sajd brooke, & so runing from
IMerremack vp into the country northwest & by north about fewer hundred
ninety fewer pole, then runing southwest & by west about one hundred ninety
fower pole, then runig doune to ^'lerremake againe, w"^'' west side of it is
three hundred seventy tln-ee pole, and by IMerremack Riuer 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 thirty acres, lying in Smale
Spaugs, at the head of this ffarme, the which lyith w"'in three quarters of a
mile of the land. The whole is fine hundred acres. Lajd out & bounded by
Jonathan Danforth, surveyo''. The Coiurt approoues of this returne.
VOL. IV. PART II. 8
58
THE KEUOllDS OF THE COLONY OF
1662.
8 October. [*407.]
All processe to be in his maj*?" name.
Order for pub- lishing his maj'J' letter,
&e.
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 niajestjes gracious letter, hauing binn presented to our Gouerno'' & Magistrates, (by our honored & faith- full freinds & coiuissiouers, Symon Broadstrect, Escp, & the Reuerend M' John Norton, lately returned,) was coinunicated & reade by the Gouerno'' to the M'hole Court.
Att which tjme, also, the other letter from his maj'->' relating to the irou- workes was also read.
Itt is ordered by this Court & the authority thereof, that henceforth all writts, 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, &6, — any vsage or custome to the contrary notw"^standing.
The Court, hauing duely considered of his maj'-''^ 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 thcrevnto be suspended vntill the next General Court, that so all persons con- cerned may haue tjme & opjicrtunity 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 retume of our publicke messengers sent for England, together w"' the continuance of the mercjcs 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 iu 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 coihitted 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 goo 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 pccnalty 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 166 2. intended, in order to the execution of the same in reffereuc to county ^'
o T • • 1 ^ October.
Treasurers, this Court declares, that the same power & direction giuen to the _ , , ,
' ? x- o Order ab* coun-
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 betrustcd w"' the collecting of any county rate which doeth not w"'in 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"'in two months ; & that euery county Treasur'' shall present the names of such constables as shall neglect their duty to the next County Court ; & that come 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.
AVhereas it hath beene coiiioiily practised that attachments haue bin Marshaiis may directed to y" marsliall to be served in any toune vnder the jurisdiction of that ^^, g.~ 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 id custome shall be accounted legal!, & 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 attachm'*'.
*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. 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 & noniber 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 ^"^"^ggtg °^' persons from violent ridelng in the streetes of the sajd toune, yet, neuertheless, many take the liberty & boldnes to gallop frequently therein, to the great endaingering 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 OF THE COLONY OF
1 GG 2. being carefull to prevent a practise that is like to be of such dangerous conse- quenc, doe order, that no person whatsoeuer shall, after the publication hereof, gallop any horse w"'in any the strcetes 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 ajipeare on extreme necessity.
Prices of come. Itt is ordered by this Court that the prices of corne for tliis yeare
ensuing, W'' shall be payd in to the country rate, shall be as foli : wheat, barly, & barly mault at fiue shillings sixepence p biishell, pease and rye at fowcr shillings sixejJenc, & Indian at three shillings, all good & mer- chantable corne; & whateuer else shall be payd in the country rate to be according to money price, provided that no toune or person shall pay leane catlc in the country rate, & that there be one rate & a quarter for tliis pres- ent yeare.
Day of humii- The due consideration of the afflictiue & lowe estate of the cause & people
lof God vniuersally, w"^ the prevayling power of Antichrist ouer the Reformed churches beyond the seas, together w"" some publicke rebukes of God among ourselves, doe call aloud to all that feare God & wish well to Zion, to be lowe in humilliatious, & fervent in supplications vnto God, w* wee coiiiend as a duty to all the churches & people of God w"'in this jurisdiction, & desire they will be instant in season & out of season iu the aforesajd respects ; and in particcular this Coiut doeth appoint the first Wendsday in December next to be kept by all in this jurisdiction as a solem day of fosting & prayer in the case aforesd.
Result of the The Reuerend M"' John Wilson, Sen, M' Richard Mather, M"^ John Allin,
to be printed ^ '^■^^ Zech Symmes came into the Court, & presented to the Court the result of the late synod, w'^'' the Court, on their pervsall, judged it meete to coiiiend 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
crs sen- 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*iino 1 ^^^ cofiion tresury, or in defect thereof to be punished according to former
Courts OTant Sentence ; & all on condicon y" give fifty pounds bonds for their appearanc at
of 500 ac's of „e jjcxt Gen' Coui't. land to Coll. •'
Croune. *This Couit, as an acknowledgment of the great pajnes of Coll: W™
THE MASSACHUSETTS BAY IN NEW ENGLAND. 61
Croune in behalfe of this country when he was in England, judge meete 1 {» G 2. to graunt him fiue hundred acres of laud in any place not legally dis- '~" ''' '
. 8 October.
posed 01.
AVhereas 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- p>tation 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 offenc, & order, that he be admonished in open Court for his bold & per- emptory speeches, & so dischardged him.
In ans"^ to the petition of 51'' Joseph Hills & M"' Richard CoUecott, in Ans' to M' the name & behalfe of the adventurers & copartners of the iron works. The r-'i." . »•
^ CoUecot peti-
Court, on due consideration of the contents of their petition, judge meete to ^°'^ '" behalf
^ of undertake
graunt, that in case the petitioners haue any better plea or evidence to present iromvorks. 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 peticbn, any former sentence or judgm' of this Court, or any other, passed ag' them notw"^standing.
In ans"^ to the peticbn of the proesident & 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'notwatch- cerning watcheings to infringe or violate y^ colledge charter, & doe order, that '"S^, &<:. all stated servants or officers of the id house, not exceeding the nomber Ijmitted in y* charter, haue the priuiledges & iinunitjes by the sd charter aifoorded 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- jj^^jsojig ,,gti- brldge & the petitioners, the Court judgeth it meete to order, appoiute, & ft'ully '=°"- impower Majo'^ W"" Hauthorne, Capt Frauncis Norton, & Capt Hugh Mason, as a coiuittee, 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 determing the fower miles bounds, that so this Court may no more be troubled thereabouts.
In ans'' to the peticbn of W'" Croune, Esffi, the Court, having considered ■^'"'^' '° ^"'°"
nell Crouns
thereof, declare, that they judge not meete to avert the course of justice by pctiCon.
62 THE RECORDS OF THE COLONY OF
1 6 G 2. themselves constituted, but referr the petiGoncr to take his remedy ag' either officer or debtor, as he shall judg best himself.
In ans"" to the jieticon of Giles & Edward Pason, humbly desiring, that as they purchased seuerall lauds of the late honored ^lajo"' Gen Atharton, & made him sattisfaction for y^ same, as is acknowledged by y* sonnes in lawe of y" id 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 inipowred 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. Ans'toM- In ans' to the petition of 5P John Cheeckly, the Court judgeth it meete,
John Chceck- , t* ^ * • .^ it •• c^/-^^
lys petition. ^^ most regular, to reier this peticon to the determniation oi tiiat Court, to whom the cognisance of the case doeth propperly belong, & that there all partjes concerned haue liberty to speake for themselves. [*4I0.] *M' George Corwine for capt, il'" Thomas Putnam for left, M'' Walter
Cap', icfs & Price for cornet, being presented to this Court as so chosen by the troopers of
cornet to ' o ±- j r
troope of Sa- Salem, Lynne, &(3, the Court allowes & approoves thereof.
\ ' In ans' to the petition of Sarj' Thomas Clarke, the Court judgeth it
Ciaiks pctio. mcctc to abate the peticouer fewer pounds, being part of his fine.
Ans' to Cap> In ans"" to the petition of Capt W"" Dauis, relating to M" ilary Hills
thirds to a 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.
None to print For prevention of irregularitjes & abuse to the authority of this country by
4.5. ' the printing presse, it is ordered, that henceforth no copie shall be printed but
by tlie allowance first had & obteined vnder the hands of Capt Daniel Gookia & ^I'' Jonathan Mitchel, vntil this Court shall take further order therein.
Order impows This Court, hauing ordered the printing of the result of the synod, doe
make an epis- coincnd it vnto the reuerend elders who presented the same, by order of the
tlctoysyn- synod, that an epistle or fpface suiteable to the said worke be forthwith pre- ods result.
pared, & sent to the presse, & that IM'' 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 Suffblke for the yeare ensuing
County Courts ii ,, • , , ^ ^t- ■ ^ • 1 n • f ■ t
at Boston "'^ '^^P'' ■ ""^ magistrates dwcUing in the sajd county, & in case 01 sicknes
or other fajlcr of any one of them, IP Richard Russell is to supply, & in
THE MASSACHUSETTS BAY IN NEW ENGLAND. 63
case of fayler more then one, IM' Danlbrth is to supply, & in case of fayler i "W -• more then two of them. Capt Gookin is to supplv, & the same order is to „ „ , ^
' -"^ J. 1 . ' 8 October.
be attended in speciall Courts held at Boston.
The whole Court, having debated the matter in differenc bctweene the M' Broad
streets
toune of Hadley & JNI"' Broadstreet, doe judge meete to Ijmitts the bounds of gr^unts. Iladley at the brooke mentioned, ruuing on the south side of the plajne desired by M"' Bradstreet, & that in all other respects the bounds of Iladley be as returnd in a former note ; and doe further graunt vnto SI"' Broadstreet liberty to take his farme of hue 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 reloife therein. pctiCon.
The constables bill in relation to the chardge of Edward Butler, of Constable of Northampton, sending to prison, to value of tenn pounds, is allowed fiue j^jjj ^j." ^y^^^^„ pounds, whereof the Treasurer of the country is to pay, & the other fiue all""'''- 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 Weimouth, is allowed so to be, if he either take the oath of fidelity or y' of freemen, he being a member of j" church.
W" Clarke, late of Dorchester, being chosen to be leften' of Northampton, w- ciarke & Dauid Wilton to be their ensigne, both confirmed by the County Court, 1^.\ "' ^"'.
^ ' .' -^ Wilson ensign,
this Court orders, y' on request of any person in their behalf, coinissions be of Northamp- ton, graunted to either of them, according to lawe. And it is further ordered, j^^j, ^j^^.^ ^^
that the aforesd W"' Clarke shall & hereby is empowred to joyne in marriage joyne people in
marriage there.
such as shall desire the sam, being published according to lawe.
*Itt is ordered, that Edmond llice, of the toune of Mai'lborough, shall [*411.] & hereby is impowred to marry such as are duely published there according Edmond Riee
to lawe. niariiage, &c,
Vpon a motion made in bchalfc of the tonnes in Hampshire, itt is ordered, ^^^'^jj'_ that in case the sajd tonnes shall pay their county rate in catle, that the Order directing Treasurer shall appoint, in behalfc of the country, some indifferent person Hampshire there from yeare to yearc, who shall haue power, together w"" such others as "^"""'y '^a"'^- 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 Gcii Court, the Deputy Gofln''s, Rich Belling- ham, Es^, his farme, now in the occupation of Bray Wilkinson, the 23 of Sep', 1662.
8 October.
64 THE RECORDS OF THE COLONY OF
1 60 2. The first Ijne 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 ISIeadow to a white oake, marked ; the length about a
mile and quarter. The second Ijne from the last marked white oake vpon a
Mcst & by south point, about a mile to an oake marked R B.
Rich. Belling- The third Ijne from the sajd oake, v^jon a south & by east point, a mile &
farme laiVout q.^iarter, to a tree marked on the southwest side of the pond, taking in a
meadow of about twenty fine acres, lying w"'out the sajd Ijne, & adjoyning 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 R B, in length one mile & quarter.
Also, one hundred acres lying square on the plajne 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 ti-ee, 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 swampe that lyeth w"'in the sajd bounds shall be free & coinon for any to
take of the tjmber grouing therein.
WILLJA>I HAUTHORNE,
THOMAS HOULET.
The Court allowes & approoves of this returne.
Layd out, by order of the Generall Court, to Daniel Dcnison, Es^, maj"' geiill, his fiirme 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 jjoud vnto Prices meadow, on the noi'th- west by the land of Bray Wilkinson, & on the southeast by Prices meadow. Dan. Denison, Also, oue hundred & forty acres, begining at a white oake, marked R B,
.sq , lb a j^j^^ bounds betweene Bray Wilkinson & John Putnam & the former eighty acres, and from the sajd tree joyning vpon Bray Wilkinson in a streight 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 vj) 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
THE MASSACHUSETTS BAY IN NEW ENGLAND. 65
runs by Beachy Meadow, begining at a marked tree standing ncere the brooke, 16 6 2. by a swampe, & runing north east & by east about two hundred rod to three ~ ' "^
111 !■ 11 ^ October,
white oakes, marked, & then turning southward about tlurty 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 retiune.
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'' g^^ GifFord neuer attended the lawe to obteine a judgment daring 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 Coiu't, 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 Coui-t declares there is no ground on those virdicts to proceede to judgment, the defendants being deade.
'o
*Lajd out ^ Daniel Denison, Es^, majo"^ gen", his farme beyond Merre- [*412.] macke, July 2% 1662. The first Ijne begins at the mouth of a brooke that e,^"'""^"^,^; falls into Alerremacke Eiuer at the vpper end of the island ouer against Old ^^J'^ ""* ^ '"'^-
■"^ ° _ 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 westnorthwesteiiy, taking in all the meadow, to a wliite oake at the end of the meadow, at the westerly Bide of a rocky hill, on the top whereof stands two smale pines, which Ijne is fewer hundred rod long.
The third Ijne, from 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 fewer hundred and eighty rod.
The fowerth lyne is along the Eiuer of Merremack, northeasterly to the
mouth of the brooke, where the first Ijne began : this Ijne is fower hundred &
forty rod long.
GEORG ABBOT, Sen,
THOMAS CHANDLER.
I was an eye wittnes of this. SYMON BROADSTREET.
VOL. IV. TART II. 9
66
THE KECORDS OP THE COLONY OP
Ans' to Jn'- than Pooles petic. ab' 3 County Troop officers.
Ans' to W" Walkers petit.
Liberty to raj se a troope of horse in Hampshire.
M' Lusher to runn y« line betweene Plim- outh & vs.
Courts judg- ment in case betweene Ar- tillery Compa- ny, Bacon, & Symons.
This Court hauing in October, 1660, graunted Majo' GenefU Denisson sixe hundred acres of land, (formerly graunted,) to be layd out beyond Merre- macke Riuer, a litle aboue Old Wills planting ground, yv"^^ land was thea clajmed by the toune of Hauerill, as w^'in their bound, for which they, by their atturneys, sumoned 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, & retui'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 ccrtifficat 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 AVllljam 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, &d, 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 rec[uest & dischardg him, he paying the chardge of the prison.
In relation to, & for the encouragement of, rayslng 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, & haue liberty of chojce of capt, left, & 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 ^lajo'' Atherton intervening, who was appointed for the sajd worke, it is therefore ordered, that ^lajo' Lusher doe supply the place of Majo'^ Atharton for the perfecting of the sajd worke.
In the case now depending betweene the Artillery Company of Suffolke, plaintiff, & ilichael Bacon & W™ Symonds, both of Wooborne, deffend*^, in an accSn 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 Couit.
In ans' to the petition of W" Dauis, atturney of Edmond White, of
THE MASSACHUSETTS BAY IN NEW ENGLAND, 67
London, ni''chant, the Cotut judgeth it meete to graunt the sajd M"' Edmond 1 G62. White seuen hundred acres of land, fower hundred whereof in refFerence to ' < ' his adventure of ffiffty pounds in the coiiion stocke, the other three hundred acres in relation to his twenty pounds lent the country, & for forbearance Dauis pet.,700
ac's graunted
thereof. to M' Edm"
*Iu the case betweene Samuel Howard, pi', ag» Eot)t Cutler, defend', in ^^'""'' *"•
r*4:i3 1
an accon of appeale from the County Court of Middlesex to the last Court of ■■ ' 'J
' r IT r»iio* ^ r\ Courts judgm'
Asistants, lalling to this Court by disagreement of bench & jury, the Court, in cutiors case. hauing considered of all the pleas & evidences in the case made & produced, doc determine for the defend', Eotit Cutler, costs of Court, seven pounds nine shillings & fower pence.
In ans' to the petition of scuerall merchants & seamen inhabiting w"^in Ans' to petiCon the jurisdiction of the Massachusetts colony, humbly craving releife in reffer- enco to y" impositions imposed on ship masters, &6, the Court judgeth it meete to order & appoint the secretary, Capt Clarke, Cap? Lake, M"^ Jn" Joyliffe, ]\P Lynde, & M'' Tho Bratle a coinittee to consider of that act where- on the impositions mentioned in this peticbn is provided, & to make returne of their result thereof to the next Court of Election.
In ans'' to the peticon of John Teuton, of Eochell, in France, doctor Ans'toTouton chirurgion, in behalfe of himself & others, that himself & other Protestants, estantsofRc- inhabitants of Eochellc, who, for their religion sake, are outed & expelled from '^'''^" P'''"^- their habitations & dwellings, &t^, might haue liberty to come hither, here to inhabitt, &(3, as in Sd peticon on file appeares, the Court judgeth it meet to graunt this jjeticon.
In ans'' to the petition of John Robinson, who stands coiiiitted by the Ans' to Jn» last County Court for his contempt, vnderstanding that he hath suffered a petiCon. months imjirisonment 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. Roby to ton, for his vnfaithfulnes in not duely attending his warrant in bringing Ed- j,l,_„„ ward Colcord to prison, both in March or Aprill, & now shall loose his chardges & beai-e it himselfc.
Layd out vnto Thomas Danforth, Es^, a parcell of land, lying betweene M'Danfortha Marlborough & Kenecticut Path, & is bounded easterly by Sudbury lands, ^^f adjoyning to that part of their bounds neere Lanmun, the land of John Stone, & a part of Natick plantation ; southerly, by the lands of the sajd Thomas Danforth & Natick lands ; northerly, w"' the other part of Sudbury bounds towards Marlbury ; and westerly, w"" the country lands, the sajd west Ijne
68
1662.
8 October.
THE RECORDS OF THE COLONY OP
being liniittecl by a pine tree, marked w"' D, and standing on tbe north side of that branch of Sudbury Riuer that comcth from Marlbury, & on the west side of Angellico Brooke, & from the sajd pine tree contjnuing a south ■west Ijne vnto the oth.er brancli of Sudbury Riuer, that is the bounds of Na- ticke plantations, & from the sajd pine tree northerly continuing vnto Sudbury bounds, runing by a tree marked in the high way that leadeth from John Stones house to Marlbury, in which tract of land, bounded as aboue sajd, is conteyned two hundred acres of land belonging vnto John Stone, & is ex- cepted ovit of that layd out vnto the sajd Thomas Danforth ; also, fewer hundred & fifty acres of land graunted by the Generall Court, in two seuerall graunts, to the sajd Thomas Danforth, and the remainder thereof is for the sattisfaction of moneys disbursed by the sajd Thomas Danforth for the vse of the country, by the appointment of the Generall Court, giuen vnder our haiids the 27* of
May, 1662.
EDMOND RICE,
JOHN HOW.
Att a County Court held at Cambridge, October 7*, 1662, Edmond Rice & John How, appearing in Court, acknouledged this aboue written to be their act, according to the appointment of the Generall Court.
DANIEL GOOKIN, SYMON WILLARD, RICHARD RUSSELL.
The Court allowes & approoves of this returne.
Courts sen- Whereas Edward Colcot was sentenced by the County Court at Hamp-
tencc as' Edw. ^^ j October last, to be sent & put into the house of correction at Boston,
Colcord. 3 J r
& not be dischardged thence till he gaue sufficjent bond for his good be- hauiour, the constable neglecting his duty in putting him in to the house of correction, and, by the subtilty of sajd Edward Colcord, bond was giuen for his good behauiour, & the other part not yet performed, the GeneraU Court, in May last, ordered, that the sajd Colcord should, by warrant from the secretary, be brought into the house of correction, according to sajd Hamptons Courts sentence. The Court hauing put it to the question whether the sen- tence of the Generall Court in May last shall be nulled, the Court resolved it on the negatiue, & ordered, that, after the sajd Colcot haue suffered in the house of correction, he shall be dischardged the prison forthwith, and Henry Roby, constable of Hampton, for his neglect, shall loose all his chardges for
THE MASSACHUSETTS BAY IN NEW ENGLAND. 69
bringing the sajd Colcot to Boston, both formerly & now, & beare it himself. 1 G G 2.
Voted by y'- whole Court. "" ^'
•M' Christopher Clark bringing in a bill of chardges for M"^ Broadstreet
r*414.1 & M'' Xortons passage to England, for deniorage, Scd, to value of sixty
six pounds, the Court judgcth it meete to allow forty pounds thereof, con- Clark m' ships
... . society bill to
ceiving there is no more due on a just accompt. 40ii allowed.
Itt is ordered, that Capt Tho Bredcn shall be sent for, and acquainted Cap' Bredens
11/^111 ./•!• • • 1 /~i • coiuittm' war-
that the Ooui-t hath tooke notice oi his contemptuous carriage m the Court m ra„t issued o^t
the forenoon, & his vsurping authority ouer this gouerm', by coiuanding the ="='="''J>nsiy-
Generall Court, as in his warrant appearcs, shall stand coiuitted to prison till
the Court take further order.
It was voted by the whole Court, mctt together, that there should be a Miiiitary millitary watch this night, & till this Coiut shall take further order, each of ^.^^^^ issued out the lower capts to send two files each night. acordingiy.
This Court, hauing considered of the iusolencjes & contempt of Capt Courts sen-
tence ag' Cap*
Thomas Breden against this Court, in the face of the country, tending to Breden. mutiny, sedition, & subuertion of the gouernm' here established by his maj'^= letters pattents, doe sentence the sajd Thomas Breden to giue two hundred pound bonnd, w"" sufficjent suretjes for his good behauiour, and also that he pay a fine to the countrje of two hundred pounds, that he stand coinitted till he performe this judgm'.
The Coiu't, being sencible of the great inconveniency that acreues to both Comittee to
. . , issue j'lndianr
English & Indians in & by y* neglect oi an issue to tlie controuersy between & Dedham y^ toune of Dedham & the Indians at Naticke, vnderstanding that Deacon '"ntroasy. Child is disabled by the providence of God, & M"^ Danforth vtterly declinig the worke, doe order, that M"^ Edward Tyng & Left Cooke be added in their steede, to prosecute the order of this Court in ISIay last, & that the worke be issued w^'in sixe weekes at farthest, M'^ Ting appointing time & place of meeting.
In ans"" to the petition of the inhabitants of Douer, humbly craving re- Ans' to Douers leife ag' the spreading, &(5, the wicked errors of the Quakers amongst them, &S, it is ordered, that Cap? Richard Waldern shall & hereby is impowred to act in the execution of the lawes of this jurisdiction against all criminall offendo"^' w"'in the sajd toune of Douer, as any one magistrate may doe, vntill this Court shall take further order.
It is ordered by this Court & the authority thereof, that Cap? Richard Cap'Waidems
___ _ ^ 1 n 1 n 1 1 ■ • • 1 o /» n • 1 • comission, &c.
Waldern shall be & hereby is comissionated & lully impowred to repaire to Yorke at the time of the County Courts adjournment, & send for the seuerall persons chosen coiiiissioners by the sajd county, & giue them their seuerall
70 THE RECORDS OP THE COLONY OF
1G62. oaths to adraiuister justice, accordlug to lawe, for the yeare ensuing, & till new be chosen & sworne.
8 October.
To the inhabitants of Yorkeshire.
Warrant o Yow & eueiy of yow are hereby required, in his maj'>' name, to yeild
faithful! & true obedience vnto the gouernment of the jurisdiction of the Mas- sachusetts, established amongst yo according to yo'' couenant & artickles, vntill his maj'y^ pleasure be further knoune.
Itt is ordered, that the copie of the aboue written warrant be sent forth- with to the recorder of Yorkeshire, by hinr to be sent to all the tounes in the sajd shiere, & the constable of each toune is required to publish the same. Courts ans' to A letter from Francis Morgan, Es^, & M' Tho Ladwell, secret for
J j,°' " Virgina, bearing date 23'* March, 166^, was read in Gcii Court, 9 October, 1662, & an ans' made thereto by the Court, to be returned, both w"^*" are on file. Ans'toM' In ans"^ to the petition of M"" George Cleaues, it is ordered, that that the
jiQ^ ^ next County Court of Yorke examine the grounds of these complaints exhib-
ited against M' Jordan, & to proceed therein as they shall judge meete, ac- cording to lawes heere established. [*415.] *Itt is ordered, that Majo' Symon Willard, Jn" Parker, & Jonathan Dan-
Cofiiittee to lay forth be appointed a coiiiittec to lay out the Indians allowanc of land, ac-
out Indians
land. cording to the intent of the first grant in y' place, to M' Wintlu'op, & that M'
Winthrop haue his farme lajd him out of the lands adjoyning, according to
his grant.
Ans' to Vnice In ans'' to the peticons of Vuicc Cole, the inhabitants of Hampton, as
..? "^ y 1 also the peticbn of W™ Salter, all in relation to the said Vnice Cole, the
W" Salters & ■■■ ' J '
Hampton Court doe order, that the sajd Vnice Cole pay what is due on arreares to the
keeper, & be released the prison, on condicon that she depart, w"'in one month after her release, out of this jurisdiction, & not to returne againe on pccnalty of hir former sentenc being executed against hir. This Court is dissolued.
petico.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 7]
*AU a Generall Court of Election, held at Boston, 27'" of May, 166S. 1 G 6 3.
27 May.
[*416.]
'OHN ENDECOTT, Escjp, was chosen Gofl for the yeare ensuing, & "" ^^''^'-
were chosen Asistants for y* year ensuing, &
tooke their oaths. Treasurer. Coiiiissioner for y« Vnited Colonjes.
^ tooke his oath.
Rich Bellingham, Es^, was chosen Dep' GoQno'", & tooke his oath.
Symon Broadstreet, Es^, 1 & Coiiiissioner for y" Vnited Colonjes
Samuell Symons,
Thomas Wiggin,
Daniel Gookin,
Daniel Denisson, Es^,
Symon Willard,
Rich Russell, &
Thomas Danforth, &
Willjam Hauthorne,
EUazer Lusher,
Edward Rawson was chosen Secretary.
Jn° Leueret, Es^, was chosen Majo'' Genii, & tooke his oath.
The names of the deputjes returnd from the seuerall tounes to serve at this Generall Court were, —
M'^ Edmond Batter, M' Henry Bartholmew, Salem.
Capt Francis Norton, Left Rich Sprague, Charls Tow.
Capt Roger Clapp, Left Hopestil Foster, Dorchester.
Capt Jn° Leueret, Capt Tho Clarke, Boston.
M' W-" Parkes, Leil Griffin Crafts, Roxbury.
Left Rich Beers, Ensig John Sherman, Water Toune.
M'' Edward Ceilings, Left Edw Wiuship, Cambridge.
Capt Tho Marshall, Lynn.
Left Jn" Apleton, M' Jn" Gettings, Ipswich.
M'' Henry Seawall, Newbery.
M' Tho Dyer, Weimouth.
Capt Tho Sauage, Capt Josh Hubbard, Hingham.
Cap? Timothy Wheeler, Concord.
Left Josh Fisher, Ensigne DanI Fisher, Dedham.
Cap? Jn° Pinchon, 1 S., Springfeild.
Cap? Robert Pike, 1, M"^ Jef Houchin, 2^ S., Salisbury.
Cap? W" Gerrish, Hampton.
Maximili Jewet, Rouley.
— Y—
27 May.
72 THE RECORDS OF THE COLONY OP
1 6 () 3. Saffi Basse, Braintree.
Capt Ed\v Johnson, Wooborne.
Capt Rich Waldcrne, Doner.
Capt Brian Pendleton, Portsmouth.
M' Roger Plaisted, Kettery.
M' Edw Rishworth, Yorke.
M' Ralph Whelocke, Meadfeild.
M'' Georg Cleanes, Falmouth.
Left W" French, 1 S., Billirrikey.
Left W"" Clarke, North Hampton.
Left Samuel Smith, W W"" Leuis, Hadly.
M' Joseph Hills, Maulden.
Ensigne John Webb, 2'' SessT, Chelmsford.
Majo' Geii John I..euerut was chosen Speaker for this sessions
[*417.] *This day the secretaiy made his returne of what he had donne, in
Act of )■• obedienc to an ■. order of the councill, w"^** was as foUoweth : Boston, 5'^
council.
March, 1662. Seuerall informations being giuen to the councill, that Isacke Cole, constable, of Wooborne, had refused to take & publish the kings maj*^'' letter, and also to serve attachments in his maj'>'' name, and that some one of the selectmen is informed to haue spoken of sajd letter to be Popery, &(?, the councill judged it meete to order, that the secretary send forth his warrants by order of this council, to convent the accuser & wittnesses before him, &, on due euidence, to send for the accused, binding the accuser to prosecute, & the accused to answer for his high misdemeanors to the next Generall Court, taking security for the same. Warrants on 12 M''ch, 1662, issued out accord- Diitton compi- ingly ; &, on 19* sajd March, Tho Dutton, as accuser, -was bound, & Isacke ° ^ ■ Cole, constable, & Edw Convers, one of y* selectmen, as accused, were re-
spectiuely bound to prosecute, & make ans''^ as the sajd order aboue directs, .jpch -^parrants & bonds are on file at the time the partjes appeared before the Generall Court, who, hauing heard w' Thomas Dutton could say in way of accusation ag' the sajd Isack Cole, constable, of Wooborne, for his refusing to take & read his maj'^^ letter & serve attachments, & considering of the evidences produced, which are on file, ordered as vnderwritt, &d.. Idem ag' Edw. As also, the Court hauing considered w' the sajd Dutton could say ag'
Edward Conuers, &d, it was putt to the question whither there be any thing conteyned in the testimonys of Thomas Dutton & Willjam Symons ag' Edward Converse, which doeth reflect on his maj'^ letter. It was resolved on the
Conucrsc.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 73
negatiue. The Court graunted the siijd Tlio Duttou his l)ill of costs, i. e., 1 (5 G 3. sixteene shillings, to be p'^ by y'' Tiesuicr of the country ; aud also ordered, ^ "^
27 May.
that Isacke Cole be dismist home at present, till the Court shall order his appearance againe.
This Court, taking in to consideration the petition of seiicrall the inhabit- Order regulat-
.,...,.. » , ,. , ,. ,. , , r 1 • ing bonds of
ants 01 this jurisdiction lor the regulating the taking ot bonds ot shipmasters, ship m", &c according to the act of trade, bearing date the 25"' of Aiwill, 1660, & ac- counting it our duty to observe his niaj'^'' pleasiu'e therein, doe order, & be it heereby enacted, that all shipps & other vessells, coming into any port or harbor in this jiu'isdiction, ^vllicll hauo not giiicu in bond to some of his niaj'^' cheife officers of his customehouses in England, Ireland, Wales, or toune of Beruick A'pon Tweede, & shall take in, as merchaiulizo, sugar, tobacco, cotton, wooU, indego, ginger, fusticke, or other dying wood of the groweth, produc- tion, or niauufacture of any of the English plantations in .\raerrica, Asia, or Affrica, shall giue in bond thai, the ^^ajd goods shall be canjt-d to some other of his maj'*'^ plantations, or to England, Ireland, AVales, or tlic toune of Bcr- uick-c vj)on Tweed ; and the secretary is hereby appointed the officer to take bond at Boston, & appoint clarkes in other parts or harbours in this jurisdic- tion, as the act of trade directs, for which each shipmaster giving bond shall pay seven shillings, and in no other case bond to be imposed.
That meet provission be made for keeping the County Courts in Suffolke, Proton for this Court doeth order, that M"' Symons & Majo'' Generall Dcnnison doe attend ^^ suifoike the same the next Court, M"^ Broadstreet & Majo'' Hauthorne October Court, ]\I'' Eussell & ]\I'' AVillowghby January Court, & Capt Gookin & ^I'^ Danforth Aprill Courts.
Itt is ordered, that the printing prcsse bu at liberty as Ibrmcrly, till this Printing at lib- Court shall take further order, & the late order is heereby repealed.
Whereas, on seuerall motions to the Generall Court & councill, the ordi- Stating rcgi- nary regimentall traynings for this two yeeres haue, for reasons then appearing ^j^g ^j ' to them, bin omitted, -nheii it fell to the majo"" of the regiment of Essex, — that this Court therefore might declare where & when tlie regimentall pro- ceedings & traynings should take place, it is therefore ordered that (there being no fayling in the majo"^ of Essex regiment, the omission being judged necessary, and the Court not willing to discourage the souldjery by further omission of so necessary a service) the majo''