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UNIVERSITY OF MASSACHUSETTS LIBRARY
F
67
M32
V.4
PT. 1
+
v^'*'^
u^
RECORDS
OP
MASSACHUSETTS.
YOL. IV. -PART I.
1650-1660.
I
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.,
MCMBEll OF THE MASSACHUSETTS HISTORICAL SOCIETY, PELLOW OF THE AMERICAN
ACADEMY OF AKT3 AND SCIEXCF.S, AND MEMBER OP THE
AMEIUCAN ANTIQUAUIAN SOCIETY.
YOL. lY.-PAUT I.
1050-1060.
BOSTON: FROM THE PRESS OF "WILLIAM WHITE,
PRINTER TO THE COMMONWEALTH.
1854.
LIBRARY
UNiVFRSiry Of
MASSACHU^jUlS AMHERST MASS.
E E M A R K S .
^■"^inS volume, whose natural position in the series is next to the A second, is divided into two parts, on account of its large size. Each part is perfect in itself, having the names of those who took the free- man's oath printed separately at the end, and also the proper indexes. The original manuscript volume corresponding Avitli these two parts is known as Volume IV. ; in order, therefore, that the printed copy may bear the same volume number, it is designated as Volume IV., Parts I. and II.
Part I. embraces the period commenchig on the twent3^-second of May, 1650, and terminating with a session of the General Court held on the nineteenth of December, 1600.
Fart II. commen(*es with the record of the proceedings of the Gen- eral Court of Election held on the twenty-second of May, 1661, and ends with that of the session of March, 1673-4.
The Introductory Remarks of a general character which are print- ed in connection with the first and third volumes are strictly applicable to this.
N. B. S.
December, 1854.
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 siguificatlous, namely : —
@, — annum, amio. a, — an, am, — curia, curiam. a, — matrate, magistrate, t, — ber, — num^, number ; Eobt, Robert.
c, — ci, tl, — accon, action.
c(5, — tio, — jurlsdiccbn, jurisdiction. S, — ere, cer, — a(3s, acres.
d, — dd, delivered.
e, — Trer, Treasurer.
e, — committe, committee, g, — gfilal, general. h, — chr, cliarter. T, — begTg, beginig, beginning. i, — ire, letter.
iii, — mm, mn, — coiiilttcc, commit- tee. m, — recoindaciin, recommendation, inl, — mer, — fonnlly, formerly. i?i, — month.
n, — nn, — Pen, Penn ; ano, anno, n, — Dili, Domini. fi), — ner, — mann), manner, o, — on, — montio, mention.
o, — mo, month.
p, — par, por, — pt, part ; ption, por- tion.
p, — per, — pson, person.
p, — pro, — pporcon, proportion.
p, — pre, — psent, present.
CI , — q,stion, question.
^, — escp, esquire.
r, — Apr, April.
i, — s, session ; sd, said.
s, — ser, — Svauts, servants.
?, — ter, — ncuf, neuter.
t, — capt, captain.
Q, — uer, — scflal, scueral.
fi, — abou, aboue, above.
\>, — vcr, — se9al, several.
w, — wn, when.
y-", the ; y"', them ; y", then ; y% tlieir ; y% this ; y', that.
5, — us, — vilibs, villbus.
^, — es, ct, — statutf^, statutes.
{S, &e, &c% — et ca-tera.
vlzj, — videlicet, namely.
./ — full point.
(ill)
CONTENTS OF VOLUME IT. PART I.
THE COLONY RECORDS, 1650—1660, 1
MISCELLANEOUS RECORDS, 457
FREEMEN OF THE COLONY, 1650—1660, 459
GENERAL INDEX, 463
INDEX OF FREEMEN, 515
( V)
THE COLONY RECORDS
1650-1660.
MASSACHUSETTS EECORDS.
THE EECORDS OF THE COLONY OF THE MASSACHUSETTS BAY IN NEW ENGLAND.
[The fourth volume of the Massachusetts Records commences here. The original is in the hand- writing of Secretary Kawson, and embraces a period of twenty-five years, extending from the commence- ment of the May' session in 1650 to the end of the session in March, 1673-4. For convenience, the volume is printed in two parts; and, as in the preceding volumes, the names of the freemen are taken from the margins, and transferred to the end of each part, where they may be found in chronological order.]
*At a Generatl Court of Eleccons, held at Boston, 22"^ of May,
1650.
THOMAS DUDLEY, Es^, was chosen Goiiuo', & tooke the oath to that place appertayning. John Endecott, Es^, was chosen Dep' GoQno% & tooke his oath. Rich Bellingham, Es^, Increase Nowell, Gen?, Simon Bradstreete, Gent, Thomas. Flint, Gent, W"" Hibbens, Gen?, Samiiell Simons, Gent, W"" Piuchon, Gen?, Capt Robert Bridges, Frauncis Willoiighby, Gen?, Cap? Thomas Wiggen,
Edward Gibbons, Gent, was chosen Asistant and Majo'' Generall. Simon Bradstreet, Gen?, & '
>■ were chosen Asistants, & tooke their oathes.
, were chosen Comission" for the Vnited Collonies. Cap? W"" Hauthorne, J
Richard Bellingham, Es^*, 3, &"1 were nextly chosen Coinission" to supply,
John Endecott, Esq^, 4, J in case of their failing.
Edward Rawson, Gen?, was then chosen Secretary.
Richard Russell, Gen?, was chosen Treasurer.
VOL. IV. PART I. 1
|
1G50. |
|
22 May. |
22 May.
; THE RECOKDS OF THE COLONY OF
1650. The names of the Depu*^ retourned from the seuerall townes to serve at
this General! Court were, —
Salem : Capt "W"" Hathorn & M' Henry f artholmew.
Charles Toune : M'^ Eich Russell & Lef Frauncis Norton.
Dorchester : M' John Glouer & Capt Humphry Atherton.
Boston : M'^ Anthony Stoddard & M'' Thomas Marshall.
Eoxbuiy : M' John Johnson & M' "W"" Parkes.
"Water Toune : M"' Rich Broune & M' Ephrajm Child.
Cambridg : M"^ Edward Jackson & M' Edward GofFe.
Lynne : M'' Thomas Laughton.
Ipswich : M"' Jolin Whiple & M'' W"" Bartholomew.
Newbery : Lef* W" Gerish.
"Weimouth : Thorn Dyer.
Hingham : M'' Bozoun Allen «& M' Joshua Hubbard.
Concord : Cap? Simon Willard.
Dedham : Capt Eleazer Lusher.
Salisbury : ISI'' Christopher Batt.
Hampton : Jeoffery Mingay.
Rowley : Cap? Sebastian Brigham, M' Mathew Boyes.
Sudbuiy : M'' Peeter Noyes, Ensigne Edmond Goodenow.
Doner : Lef John Baker, Cap? W'^ Tyng.
Brajntree ; Stephen Kingsly.
Glocester: Hugh Caulkin.
Woobourne : Cap? Edward Johnson.
Wenham : W" Eiske.
Haverill : INI"" Robt Cleoments.
Redding : Lef* Richard Walker.
Springfeild : M"' Edward Holiocke.
Maiden : M' Joseph Hills.
[*2.] *Wliereas many and great miscariages are committed by saylors by their
Debts made by imodcrate drinking of wine, beere, and strong liquors, to the great dislionor
sajlo's not re-
cottable by of God, and reproach of religion and gouefment heere established, which also m' or owner of ofttimes occasions much prejudice and dainage to the masters and owners of such vesseli be gy^ch shipps and vessells to which they belong, their men ofttimes being ar-
their securitje.
rested for debts so made when their shipps or other vessells are ready to sett sajle for their voyage ; for prevention whereof, itt is ordered by this Court and authoritje thereof, that no iukeeper, victualler, or other seller of wjnc, beere, or strong liquors, shall, after publication heereof, arrest, attach, or recouer by
THE MASSACHUSETTS BAY IN NEW ENGLAND. 3
«
lawe any debt or debts so made by any sajlor or sajlors aforementioned, except 1 G 5 0. the master or owner of such, shippe or vessell to whom such sajlor or sajlors ^i '
22 May.
belong have given under his hand to dischardge the same, any law, custome, or vsage to the contrary in any wise notw*''standing.
The Court finding great inconveniencyes arising by that clause, in the Order for the order which prescribes the secretaiy and clarkes duty and imployment, that Tp„i^at™p"s^ appoints what is past amongst the deputjes should remajne with the speaker ^°^^ howses to till the whole Court shall meete together, or a comittee of the Magis''* and Deputjes, to consider, &&, and at the end of the Court deliuer the same to the secretary, so that the Court cannot tell what is passed, nor cann the secretary give any true coppye to such as long waite, to their great prejudice, for the same, itt is therefore ordered that from henceforth the clarke to the Howse of Deputjes shall forthw"", from time to time, send vp such bills as are passed both howses, and last w"^ them, to the secretary, and the secretary is to send doune to the clarke such bills or orders as last past amongst the Magistrates, that he may take notice thereof.
Whereas wee finde by experience that notw^standing any provision for- juro^recom- merly made to prevent chardge and trouble w"' respect vnto Courts called ^^°-''^- vppon slender grounds, at the requests of private persons, in which sundry men are draune from their imployments to attend the same, w^'out any con- siderable satisfaccbn, this Couit, being vnlling to remoove occasions of com- plaint in this kind, doe order, that from henceforth, in all perticuler and speciall Courts called vppon the request of private men, euery juror shall be allowed for their attendance on that service fower shillings a day, to be pajd by them vppon whose motion it is graunted, provided the sajd jurymen shall beare their oune chardges in dyett.
Itt is ordered, that the gallowes be taken doune from the place where it Remoovai of now stands, and forthw*"^ remooved into a convenient place of coinon w"'in the ^ ^^ precincts of Boston, and be sett vp againe forthwith, at the coinon chardge, in the place the select men of Boston shall appolnte.
*Whereas it was ordered in a former Courte, that some course should be 1*3.] taken for the renewing of the countryes stocke of pouder, which yett, notw*- Cap' Atherton standing, hath not prooved efFectuall for the attainement of our desires therein, gcnn" coniis- 60 that the countrves store is not so augmented as was then intended, that a ^'°" '° p"''"
*' " chase pouder.
more ample supply thereof may be made, itt is ordered by tlris Court and the authoritie thereof, that the countrje rates of Roxbury, Dorchester, and Ded- ham, for this yeere ensewing, shall be assigned to the surveyo'' generall and Cap? Humphi7 Atherton to buy pouder w*all the first oppertunity that f>sents.
4 THE RECORDS OP THE COLONY OP
16 50. "Whereas, In suites and acctions brought into Courts betweene party and
'' ~^ party, sometimes the plamtiffe, and sometimes the defendant, and sometimes
22 May.
P itv fo neither of them, doe attend to answer when they are called to prosecute plaint, or de- or answer, which hath binn to long connived at by the magistrates, and much
fend^'s not ap- pearance or time lost in sending to seeke them out, or waite their coming in, whereby the
caU '^ ''^ countryes chardge is encreased, and the magistrates, jurors, wittnesses, and others abused, contrary to the laudable, reasonable practize and custome of all Courts in our native countrje, and other countrjes knoune vnto vs, itt is there- fore hereby ordered and enacted, that if any plaintife, he or shee, have entered any action to be trjed in any Courte, or which comes orderly into any Courte by replevin, appeale, or by the disagreement betweene the magistrates and jury in an inferior Courte, and doe not by him or hirself, or by their at- torney, make their appearance, and prosecute their action jiiiediately after they have binn three times called in the Courte by name, after the first forenoone of the Courte, that then they shall be nonsuited ; and if plaintife or defendant appeare vppon such call, they shall have their costs graunted by the Courte against him that doth not appeare ; and if afterwards both partjes doe agree to trye their case the same Courte, they shall be allowed so to doe, the plaintif paying halfe so much for a new entry as he did before ; and if any person This order to presented by the grandjury for any offence, or soinoned by a magistrate to first Co''°t' ^ answer any crime, doe not, vppon somons, appeare at the time appointed September vppon the thii'd Call, as aforesajd, he or shee shall be proceeded against for
next.
contempt, except he or shee be restrajned or prevented by the hand of God.
GoSno'" gratu- The Court doth w"^ all thankfulnes acknowledge the good service of John
Endecott, Es^, our late honnored Gouemor, in respect of his great care and faithfullnes in the dischardge of that trust w'^'' was coinitted to him, and doe, in the behalfe of the countrje, render him harty thankes therefore, and doe heereby order the Treasurer to pay vnto him one hundi-ed markes, as a slender mannifestacon of their dew respects vnto him, vntill they shallbe better able to declare it, & this to be out of this next country levy, not doubting of his kind acceptance thereof. [*4.] *Whereas the lawe concerning fencing against great cattell, foli 7, Harmes
Harmes not donne by Great Cattle in Fenced Ground shall be viewed and judged, ffor ex-
veiwed in
fenced grounds planacon whereof tliis Courte declareth and ordereth, that notw"' standing the any mans°ac- ^^J^ provision in the Said lawe, in case any trespasse donne in fenced grounds, bon. by -wliat occasion soeuer, the partie trespassed shall not be barred afterwards of
his action, albeit the harmes be not viewed and judged according to the direc- tion of the sajd recited lawe. And it is further ordered by this Courte, that in case of involuntary trespasses, where such trespasser shall pay, or legally
IN^I<
THE MASSACHUSETTS BAY IN^NEW ENGLAND. 5
tender, full recompence for all the damages donne by him, before any suite 165 0. coinenced, the plaiutiffc shall recouer no costs in the suite. " ' '
Whereas the Countie Court at Boston, by order of the Generall Court, „ *'''
•' •' ' County Court
have begunu to be kept vpon the last Thirsday in July, October, January, and <iayes for Suf
Aprill, itt is now for some reasons by this Coui-t ordered and appointed, that
fi-om henceforth they shall alwayes begin vpon the last Twesdayes of efly of
the sajd nioueths, as all other Courts doe, except the Court of Eleccon, "which,
by pattcnt, is appointed to be kept on the Wendsday, and except all other
Courts w'^'', vpon extraordinary occasions, shall be appointed on other dajes ;
and because the comencement this yeere falls out on the last Tuesday in July,
the County Court for Suffolke is referred to the last Wendsday in July next,
for this yeere only, and afterwards as in this order is provided.
M"^ James Cary is appointed to be clarke of the writts for Charles Townc, M' James Cary in the place of M' Edward Mellowes, lately deceased. writts ^r^
Ensigne Hewlett, Cap? Sebastian Brigham, Mathew Boyes, and Robert Charistounc.
, , , Comisson" to
Hazeltine, or any three of them, are appouited comissioners to lay out the uy out Haver bounds of Haverill betweene Haverill and Salisbury, and all the bounds of ' ""° ^ Haveiill, and make retourne thereof vnto the next session of the Generall Coui-te.
Whereas by experience it is found that the day of the artilliiy company Liberty to alter meeting in Boston, being vpon the second day of the weeke, is inconvenient uttary compa- in divers respects, itt is therefore ordered by this Court, that it shall be in the "^"^^ meeting, libertje of the sajd company to alter the day of their meeting to any other day of the weeke w'^'' they shall make choyce of.
For explanacon of that part of the printed lawe intituled Mill? Affaires, S: Ordinance not 10, conce'^ing the surveyo"^ general], touching the coinon armes of the coun- trje, itt is ordered and heereby declared, that his power neither doth nor shall extend to the selling or alienating any of the ordinance, or the great artilliry, or any the appurtenances thereof, vpon any pretence whatsoeuer, w*out speciall order of the Generall Court, any lawe, comission, custome, or vsage to the con- traiy notw"'standing.
♦Whereas, by an order of Coiui heretofore made, all plaintifes were [*5.]
restrained from taking out of attachments against any defendant, (except in Plaintiffes lib- erty to take some cases in the sajd order expressed, some of which cases were also of out suSious or
doubtfuU interpretacon,) whereby many plaintiffes have bin sometimes delajd, agCnydefend'.
and at other times frustrated in obtayning their just debts, the defendants
rather choosing to pay some smale costs for non apearaunce vpon a sumons,
and so wynne time, or convey away their goods, or sell their estates, itt is
therefore hereby ordered and enacted, that fi-oni this time forwards it shall be
Q THE RECO^S OF THE COLONY OF
1 G 5 0. at eiiery plaintives cliojce to take out other sumons or attachments against any
" "f ^ defendant, any thing in the former order notw^'standing.
"'^' To the end the ponder, bulletts, and match charged upon each towne to
Since renewed -^
for 4)viuon of provide be not neglected, and all ground of excuse, on pretence of ignorance of the lawe, remooved and prevented, itt is ordered, that the secretary shall forthw''' send a coppie of the former order to each toune in this jiu-isdiccon, putting the sixth month for the ffowerth month, and requiring the counstable and cheife millitary officer, where no select men are, to execute the sajd order for assessing theii- inhabitants, and providing soiddiers in noumber more or lesse than fiffty souldjers, and that they deliver it vnto the two cheife officers of each company, safely to bestowe and order, for the best advantage of the countrje.
Comittee to Whereas there hath binn an order formerly made in wliich severall per-
i accompt. sons have binn authorized as a comittee to take the treasurers accompt, which
urers :
yett hath neuer binn doune, although a thing much desired by the country, this Court, beiug vnwilhng to suffer such great accompts to lye any longer as now they do% doe order, that IM"^ NoAvell, Cap? Roi3t Keajne, M"^ Anthony Stoddard, and M"' Joseph Hills, or any three of them, shall have power, and are hereby authorized, to heare and examine accompts which concerne the country, either betweene the auditor generall and the Treasurer, or any others in which the country is interested ; and doe hereby further give power to acquitt and dischardge the Treasurer either in full, or in so farr as he shall be able to give a satisfactory accoumpt, provided our sajd coiiiittee shallbe ac- coumptable to this Generall Courte at their next session, and the Treasm-er to call vpon the auditor generall and the comittee to hasten the accomplishment thereof.
HaTcrill com- John Cleouients, Henry Palmer, and Thomas Davies, of HaverUl, are ap-
Bmaie causes pointed and authorised to end smale cawses there for this next yeare, acording to lawe.
Maidens towne At the request of the toune of Maiden, the Court approoves of this ni''ke,
M., to be their toune marke for the marking of their cattle.
Meadfeiid Cap? Robert Keajne and M'' Edward Jackson, coinissioners appointed by
the Generall Court to lay out the bounds of the new village issuing out of Dedham, according to the graunt the last Court made to them, as therein more largely appeares, made their retourne to this Court, that they had lajd it out thus, viz. : that it beginns at a smale hill or iland in the meadow, on the west side of Charles Eiver, and running from thence about full west three mil[es], and thence turning a south Hne, ended at Charles River at three miles and a q[uart]er, this line being there shorter then by the graunt it was allowed to
THE MASSACHUSETTS BAY IN NEW ENGLAND.
be ; but axpted by the gramitees, the sajd river is aj)ointecI to be the bounds from that place x the place where the first line beganne. This returne was accepted. Approved.
*Att the request of the inhabitants of Dedliam, the village there is by [*6.] this Courte named ]\Ieadfeild. Dedham vU-
/~i • • p /-I T) 1- • '"^'^ called
Whereas the Generall Coiu't, in answer to a peticSn of Cap? Robt Keajue, Meadfeiid. Richard Broune, of Watertoune, and Eichai'd Parker, of Boston, for the lay- ^''P*- '^''"'^•
Rich. Broune,
ing out of their seuerall proporcbns of land, in such place as they should find & Ric. Parkers out, did, in the yeere 1649, graunt coinission to M' Edward Jackson to sec the same donne in the place in that order menconed next to Dedham village, as in that order, dated 23** of October, 1649, more amply appeai-eth, m''"'' acordingly, w"* M'' Danforth, of Cambridge, a surveyor, was donne, and by the sajd commissioners hand retourned into this Coiut, w"^"^ at their request was graunted to be recorded amongst the Court records, provided the just right of any Indian to any part of these lands was to be and is excepted.
Lajd vnto Capt Rob? Keajne, vpon Pacussett Hill, beyond the new vil- ladge of Dedham, called Meadfeiid, and w"'out the line thereof, one thousand and seventy fewer ackers of meadow and vpland, being bounded by M'' John Aliens farme on the south, Charles Riuer south and by east, east and north- east, M' Richard Broimes farme on the north and northwest, comon land north and by west, west and northwest.
Ittem. Laid out to M'' Richard Broune two hundred ackers of meadow and vpland, being bounded by Cap? Rofet Keaines on the south and southwest, Charles River east, and M"^ Richard Parker northwest, comon land northwest and west.
Item. Lajd out M' Richaid Parker fower hundred tliii'ty-six ackers, be- ing bounded by M'^ Richard Broune on the south, Charles River southeast, the vpland on the riverett running into Charles River on the east and by southeast, and northeast, comon land west, to continew so farr vpon the riuerett, taking in the meadow on both sides, as lyeth on the east side of the path going from Pacussitt to Naticke, w"^ one hundred ackers more added thereto, w'^'' was sold vnto him by John Johnson, surveyo' gennerall.
In ans' to a peticon of the inhabitants of Haverill, for the graunt of an Land Rraunted iland to them, which lyeth against some part of their toune, contajnig about aitionaii,. twenty or thirty ackers, the Court graimts their request, provided M'' Ward make not a cleere title to him from this Court appeare w'Mn three yeres to the land, laid to
. J ., J Thomas Dud-
sajd lland. l^.^ Encrease
In ans' to the peticon of Thomas Dudley, Es{f>, and Increase Nowell, Lowell, exee- gen?, as execute" to the last will of M' Isacke Johnson, for tliree thousand Johnson.
THE RECORDS OF THE COLONY OP
Pounds grant- ed to Maj' Edw. Gibbons from the collo- njes.
[*7.]
Majo' Genn" Gibbons dis- chardged. 30 May.
Ans' to Jane Hawkins pet.
Ans' to M" Eliza Coles petic.
Ans' to Jo. Pullin petic.
Ans' to Johij
Shermans
petic.
and two huudrecT ac''^ of land out of the bounds of this jurisdlccbn, as his pro- portion for fowcr hundred pounds adventured & lajd out in the coiuon stock w* should have binn lajd out in the first divident, the Court graunts their request for thi-eesousand and two himdred ackers of land, to be lajd out any- where in tliis jurisdiccon not disposed of, so as they take it together, in one place.
The coiiiissioners of the Vnited CoUonjes, at their meeting at Boston in the yeere 1647, agreed that Majo"" Edwai-d Gibbons should have twenty pounds pajd vnto him from all the coUonjes for his expenses when the last wai-r should have bin made against the Narragansetts, which, by their submission, was stayed, and that this collony should pay the same, and they would accompt to this collony for their proporccins out of the wampam peage to be receaved from the Narragansetts. This Court doth order the auditor to signe a bill to the Treasurer for the payment of the sajd Majo'^ Edward Gibbons the sajd twenty pounds acordingly.
♦Whereas there hath binn for some space of time diuers accompts de- pending betweene the country and Edward Gibbons, Es^, majo"^ generall, and that vpon examinaoon no great matter of diffirence appeares in the accompt betwixt him and the audito' generall, itt is therefore ordered by this Comt, that Major Gibbons shall be, & heereby is, fully acquitted and dischardged of and from all debts and demands respecting the country, from the begining of the world to the day of the date hereof, he requiring nothing fi-om the country to this date. 30'" 3*, 1650.
In ans"^ to the peticon of Jane Hawkins, ^sented to the Generall Court by hu- sonns in hir behalf for liberty to come into the jurisdiccon of the Mas- satusetts, &S, itt is ordred that the sajd Jane Hawkins shall have hberty to come and stay in this jurisdiccon one month anytime tliis somer, and shee is left to her libertje to give satisfaccon to the next Courte of Asistants, which if they accept of, they shall have libertje to admitt her into tliis jurisdic5on.
In ans' to the peticon of M''^ Elizabeth Cole, the Court conceaves they have seuerall times formerly (in ans"^ to peticons of like natiu-e) donne what they conceave fully just, vnder which the peticbner ought to rest hii-self satisfyed.
In ans' to a peticon of John Pullin, the Court leaves him to his remedy in an ordinary Court of justice.
In ans' to the peticon of John Sherman, for the remittment of the for- feiture of his band for Robt Palmer, or respecting the execution thereof, for some further time, he being allowed liberty till the end of June next by the County Courte, tliis Courte seeth no cawse to graunt any remittment of the
THE MASSACHUSETTS BAY IN NEW ENGLAND. 9
fine, his offence being of so high a nature, as so great a contempt of authority, 165 0. (as it was,) but conceave it meet to graunt the peticon"'^ request to respitt the *"^ ^ ' execution, or levying of that fine or forfeiture, for three mouths from the end "^'
of June next.
In ans'' to the peticou of George Munings, the Court doth order that M' Ans' to George Anthony Stoddard and Thomas Marshall, of Boston, shall take care for the pcti^"'"^ needfull repajration of the prison keepers howsc, and other things about the prison, w"' all convenjent speed ; and what shall be expended In the accom- plishment thereof shall be allowed them by the Treasurer out of the country rate of Boston.
In ans'' to the peticon of Thomas Clarke, the Court, w"" the consent of Ans' to xhom- the officer for custome, doe graunt & order the dcliuery of the eighty four ^^ " epetic. moose skins forfeited by him, the sajd Thomas Clarke, he paying only cus- tome for the same.
In ans' to the peticon of W" Phillips, the Court doth order and appolnte Ans' to w» the Treasurer to satisfy and pay the peticbner his full proportion dew to him ' '"*'"' '"' from the country, as other creditors doe receave.
In ans"' to the peticon of the inhabitants of Sudbury, the Court graunts Ans' to Sud- theu- petico, and that the inhabitants of Sudbury should have their bounds ""^^ ^'' "^""' recorded, as it was graunted by the Court to Watertoune bounds.
*In ans'' to the peticon of Edmond Frost, Edmond Angier, John Coojier, [*8.] and Nathaniell Spai-auhauke, ffeoffees of, the estate of M"" Nathaniell Sparau- Ans' to the pe
tiuon of the
hauke, of Cambridge, lately deceased, the Court graunts their request, and, in tfeotfees of M' referenc thereto, doth order that the sajd ffeoffees in trust shall have power to e^tae" dispose of the estate mentioned in the peticon, provided they give caution to be responsall vnto this Courte for the disposing of it to the vse of the children.
In ans"' to a peticon from the inhabitants of Boston, the Court is willing Ans' to Boston to graunt the peticoners a corporacou, if the ai-tickles or termes, priviledges and iiSunitjes, thereof were so psented as rationally shordd appeare, respecting the meane condicou of the countrje, fitt for the Court to graunt; ^senting their propositions to the next sessions.
In ans'^ to the peticon of Maiy Woody, of Eoxbury, widdow, for power Ans' to Mary
"WoodB'v pcti*
to act as an executrix to the last will of John Woodey, hir late husband, the jon. Coiu't graunts hir request.
In ans"^ to the peticou of M' Adam Winthrop, on the behalf of Cap? Ans' to M' Stephen "Winthrop, the Court doth appoint Cap? W"" Hauthorn, M"^ Thomas throps peticon. Laughton, and Left Richard Walker as commissioners to view the plan therein mencSned, to examine all matters concerning the peticon, to compare it w"" the graunt, and make their retourne to this Courte.
VOL. IV. PART I. 2
10 THE RECORDS OP THE COLONY OP
1 G 5 0. In ans"' to the pcticou of John Geclney, of Salem, the Court doth graunt
^ that the peticoner paying twenty pounds for his last yeeres rent for di'awing
30 May. .
Ans' to John "^^^i lie shall pay but ffiiiteene pounds for liis rent for this next yeere. Gedneys pe- j^^ g^jjgr ^q jj^g peticon of Henry Short, of Newberry, the Court doth
tico.
Ans' to Henry order, that the peticoner shall have liberty, and is hereby impowi-ed, to sue any
Shorts peticon. « , -uroi-r^ •-nii
jierson tor any rents or ai-rears dew to JM'' otephen JJomner, now in Ji,ngiana, and vjjon receipt thereof to acquitt and dischardge the same. Ans' to Henry In ans' to the peticou of Henry AValton, the Court doth remitt the one
Waltons pe-
halfe of the penalty w"'' the peticone'' is liable to pay, being the countryes dew.
tlCO.
which is seven pounds three shillings & sevenpence halfepenny.
Ans' to ffree- In ans'' to the peticon of the freemen of Exeter, the Court doth graunt
peticon. 'hat they shall have liberty to choose on for constable that hath taken the oath
of fidelity as is desired, provided the County Court approove of the person as
fitt for the place. Ans' to Andey In ans'^ to the peticon of Andey Palmer, widdow, the Court graunts Mr
Pahners pe-
ticon. request.
Ans' to Eiizab. lu ans'' to the peticon of Elizabeth Peck, the Court thinks meete to re-
Pecks peticon. . , .,^ /> c l -it r> n • i • i
nutt the peticou''s nne oi tenn shilhngs lor hir lying, but order the security
given for hir husbands fine of tlilrty shillings remajne in force still, and that
only is respited till he come againe.
[*9.] *In ans' to the petition of Thomas Makepeas, of Boston, the Court doth
Ans' to M' remitt the one halfe of the forfeiture of certaiue boards nienconed in the peti-
Makepeas
petic. tion, w"^'' is the countryes right, but cannot give away the other halfe of the
forfeiture, which is the officers right. Coffiittee to M"^ Bellingham, M'' Nowell, M' Willoughby, Capt W™ Hauthorne, ]\I"-
catoria ^ ^ Audito' Generall, and M"^ John Allen are appointed a coiiiittee to pervse and
duly consider of the booke intituled Lex Mercatorja, and make retoiu'ne of what
they conceave therein maybe necessarily, vsefully, and beneficjally improoved,
for the dividing of maritjne afikjres in this jurisdiccon, to the next session of
this Court, and they ai-e desired to meete thereabouts the thhd day of the
sixth month next. Ans' to Bassats In aus^' to the petition of W™ Bassatt, of Sandwitch, for the release of
nyne bushells of pease, forfeited for not entring the same as the lawe requires,
the Court judgeth the whole forfeitiu-e should be taken. Sampson Sampson Shore, of Boston, being to give testimony in the case of the
°'^ ""^ S''j'^ Bassat about the nyne bushells of pease, for saying wee had as good have
taken so many pease out from his howse, for his offence therein was fined fforty
shilHngs.
Gowinga fine
of v". In ans"' to the peticftn of Robert Gouing, for remittment of the fine of
THE MASSACHUSETTS BAY IN NEW ENGLAND. JJ
tenne pounds for selling a gunne to the Indjans, the Court remitts the on 16 5 0.
halfe thereof. ^ 1^ '
In aus' to the petiwn of M' Simon Bradstreet, desiiin? eight hundred ^^'
' o o xns' to M'
ac''s of land, dew to him from the country, might be lajd out next or nere to Bradstreet pe the faimes grauntcd to Capt Keajue, ^M"' Broune, and M"' Parker, if it be there to be had, not pjudicing the village propounded for to this Court by M' Eliott, in the behalfe of the Indjans, the Court graimts his request.
In ans' to the petlcbn of M'' John Wilson, Sen, of Boston, for liberty ^ lay Ans' to M' out the thousand ac''s of laud formerly graunted him by this Court next or ticon'"'^ ^'^' ncere to the eight hundred ac's graunted to M' Bradstreet by this Court, if it be there to be had, the Court doth graunt his request, and if it be not there to be had, doe graunt him liberty to lay it out in any place w^'in this jurisdiccon, not hindering a plantacon.
In ans'' to the peticon of Robert Saltonstall, for certajne lands dew to his Ans' to M' flfather, S"' Richard Saltonstall, for ffowcr hundred pounds lajd out by him in stalls njtic""' the coinon stocke, the Coiut doth graunt the peticoner threesousand ac''s of soooacs land in any part of this jurisdiccon, so as he p>sent the place where he would have it, befor the 20"" of October next, to tliis Court ; and his foiTuer graunt of this land menooned in his peticon is heereby made voyde.
In ans' to the peticon of John Bartlett, of Newbery, the Court, being sat- John Bartletts isfactorily informed of the truth of the peticbners endeavor to satisfy the end of the law in providing weights and measm-es, doe release him of his fine of forty shillings.
In ans' to the peticon of Destauriers, a French marchant, for the remit- Ans' to De- ting his fine of fiifity pounds, imposed on him by a County Court for his French mar- abuse of authority, the Court thiaks meete to remitt to him twenty and five '='''^"'' pc'i^on- pounds thereof.
*In ans' to the peticon of the inhabitants of Boston for the repealing the [*10.] law reqiuring custome from the inhabitants of the seuerall collonjes ffbr goods Law requiring
, 111 • I'i* 1/-^ /-!_• j'i_i customs of the
exported or imported by them into this oi oiu's, the Court (being credibly 5^.31, (.oiinnjes informed that the Coui-t at Conecticott will, for the jpsent, suspend the taking suspended. of any custome of vs, and at their next Generall Coui-te intend to repeale their order that requires it) doe hereby order the suspention of that law of ours that requires any custome of the other confederate colonjes, vntUl they shall know that Conecticott doe take custome of vs.
In ans' to the peticon of DanjeU Gookin, Edward Collins, w"^ the rest of Oucrscers &
execute's of y*
the ouerseers and executo'^ of the estate of M' Thomas Shepheard, deceased, estate of M' late pastor to the church at Cambrjdge, for power to sell certaine wood lands ^■^^l^\^Jf' therein mencbned, the Court finding the wyddow to allow & approove of the
12
THE RECOKDS OP THE COLONY OP
1650.
30 May.
Ans' to Ra- chell Cookes peticon.
Coui'ts resolu- tion of M' Nel- sons letf of attor. to M' Dumer.
Ans' to M' Dunsters pe- ticon.
[ni.]
petiobn'"'' request, doe graunt the peticone''^ libertje & power to sell the land menconed, they giving caution to be responsall to this Gennerall Court, before the end of this session.
In ans'' to the peticon of Kachell Cooke, wyddow, for the abatement and remittment of a fine of five pounds, imposed by Ipswich Courte on Thomas Cooke, hir late husband, for his abusive speeches against authority, the Court, being informed of the miserable estate the widdow is left in, doth graunt hir request, and remitts the whole fine to hir.
Vpon survey of a certaiue writing ^sented vnto the Courte, wherein Thomas Nelson, late of Rowley, hath constituted M"' Richard Duiner and im- powred him as his lawfuU attourney, for the disposing of his estate, as by the said writing more fully apeares, this Courte, for the satisfaccon of John Palmer, of Rowley, and at his request, doth declare, that the power soc given and coinitted vnto M'' Duiner afForesajd is good and according to lawe, and tliat he may act therein w*''out any further confirmacon of the same.
In ans'' to the peticon of Henry Dunster, p>sident of Harvard Colledge, the Court dotli graunt and appoint M'' Danforth, the surveyor, of Cambridge, shall have power, w"^ one as the executo'^s of M"^ Israeli Stoughton shall nominat, & w''' such another as they two shall agree vpon as a third person, to lay out vnto Harvard Colledge the land given by the sajd M'' Stoughton to the sajd Harvard Colledge as a legacy ; and the Court doth redily graunt the Colledge exemption from all customes in the peticon menconed ; and that the hundred pounds the country oweth the colledge should be pajd into them, as it was formerly appointed ; and that they cannot finde a way to alter the agreements w''' the ferry men w'^'out their consent. And in ans' to his desires for a corporacon, the Court doth graunt his request, in these termes : Whereas, through the good hand of God, many well devoted persons have binn, and dajly are, mooved and stirred vp to give and bestovte sundry guifts, legacies, lands, and revenewes for the advancement of all good litterature, arts, and sciences in Harvard Colledge, in Cambridge, in the county of Midlesex, and to the maintenance of the pra3sident and ifellowes, and for all accoinodacons of buildings, and all other necessary provisions that may conduce to the education of the English and Indjan youth of this country in knowl- edge and godliness, itt is therefore ordered and enacted by this Court and the authoritje thereof, that for the fmthering of so good a worke, *and for the purposes aforesaid, ffrom henceforth that the sajd Colledge in Cambridge, in Midlesex, in New England, shall be a corporacon consisting of seven per- sons, viz., a praesident, five fellowes, and a treasurer or biu'ser ; and that Henry Dunster shall be the first prsesident, Samuell Mather, Samuell Danford,
THE MASSACHUSETTS BAY IN NEW ENGLAND. 13
m''s of art, Jonathan !Michell, Comfort Starr, and Samuell Eaton, (batchclors 1 G 5 0. of art,) shall be the five fellowes, and Thomas Danford to be present treasurer, '' ^
all of them being inhabitants in the Bay, and shall be the first seven persons of which the sajd corporacon shall consist ; and that the sajd seven persons, or The coiicdi^e the greater noumber of them, procuring the presence of the ouerseers of the College, and by their counsell and consent, shall have power, and are hereby authorised, at any time or times, to elect a new praesident, fFellowes, or treasurer, so oft and from time to time as any of the sajd persons shall dye or be re- mooved, which sajd president and fellowes for the time being shall foreuer heereafter, in name and fact, be one body polliticke and corporate, in lawe, to all intents and purposes, and shall have perpctuall succession, and- shall be called by the name of Prtesident and Fellowes of Harvard Colledge, and shall from time to time be eligible as aforesajd, and by that name they and their successors shall and may purchase and acquire to themselves, or take and re- ceave, vppon free guift and donacon, any lands, tennements, or ha-redittamcnts, w^'in this jimsdiccon of the Massatusetts, not exceeding five hundred pounds p annum, and any goods and sumes of money whatsoeuer, to the vse and be- hoofe of the sajd president, ffellowes, and aiid schollers f the sajd colledge, and also may sue and pleade, or be sued and impleaded, by the name aforesajd, in all Courts and places of judicature w"'in the jurisdiccon afForesajd ; and that the sajd preesidcnt, w"^ any three of the fellowes, shall have power and ai"e hereby authorized, when they shall think fitt, to make and appoint a coiiion scale for the vse of the sajd corporacon ; and the proesident and ffel- lowes, or major part of them, from time to time, may meete and choose such officers and servants for the colledge, and make such allowance to them, and them also to remoove, and after death or remoovall to choose such others, and to make from time to time such orders and bylawes for the better order- ing and carrying on the worke of the colledge, as they shall thinke fitt, pro- vided the sajd orders be allowed by the ouerseers ; and, also, that the presi- dent and fellowes, or major part of them, w"' the treasurer, shall have power to make conclusive bargajnes for lands and tennements, to be purchased by the sajd corporacon for valuable consideracon. And, for the better order- ing of the gouernment of the sajd colledge and corporacon, bee it enacted by the authority aforesajd, that the pra;sident and three more of the fellowes shall and may, from time to time, vpon dew warning or notice, given by the prtesi- dent to the rest, hould a meeting for the debateing and concludoing of aflfaii'es concerning the yffittes and revennewes of any lands, and disposing of their goods ; provided, that all the sajd disposings be acording to the will of the doners, and for direction in all emergent occations, execution of all
14
THE RECORDS OF THE COLONY OP
165 0.
30 May.
[*12.]
Newbcy 3 men.
Judgment of y Court in Hingh;im case.
orders and bylawes, and for the procuring of a gennerall meeting of all the ouerseers and society in great and difficult cases, and in case of nonagree- ment,* in all -which cases aforesajd the conclucon shall be made by the major parte, the sajd president having a casting vojce, the ouerseers consenting therevnto ; and that all the afibresajd transactions shall tend to and for the vse and behoofe of the prsesident, fellowes, schoUers, and officers of the sajd coUedge, and for all accomodacbns of buildings, books, and all other neces- sary provicbns and furnitures as may be for the advauncement and educacon of youth in all manner of good litterature, arts, and scyences. And further, be it ordered by this Court and the authority thereof, that all the lands, tenne- ments, and haeredittamcnts, bowses, or revennewes w"^in this jurisdiccon, to the aforesajd prfcsident or colledge apertajning, not exceeding the valew of five hundred pounds p aiium, shall from henceforth be freed from all civill imposicons, taxes, and rates ; all goods to the sajd corporacon, or to any schol- lers thereof, appertajning, shall be exempt from all manner of toulle, cus- tomes, excise, whatsoeuer ; and that the president, fellowes, and schoUers, together w"" the servants and other necessary officers to the sajd praesident or colledge appertajning, not exceeding ten, viz., three to the prsesident, and seven to the colledge belonging, shall be exempted from all personall, civill offices, millitary exercise, or services, watchings, and wardings ; and such of their estates, not exceeding one hundred pounds a man, shall be freed from all country taxes and rates whatsoeuer, and no other.
Itt is ordered, that M' Edward "Woodman, M'' W" Gerrish, and Richard Kent is heereby impowred to end smale cawses there, acording to lawe.
Nathaniell Baker, as plaintiff, in an accon of the case vpon a replevin, comenced a suite at a Comity Court, held at Boston, against the touncsmcn of Hingham, defendant : the jury found for the defendant ; the Magis'*^ refused the verdict ; and so the case fell to the cognizance of the Generall Court. The whole Court, being mett together, heard the case and all the evidences, and, in fine, determined by vote that the verdict of the jury should be re- ceaved.
The Court receaving seuerall peticons from the inhabitants of Patuxitt, and two peticons from Pomhora and Socononocho, Indian sagamores, in all which were complaints of seuerall injurjes donne to them by seuerall persons of Providence, &S, W™ Arnold, one of the peticbners, exp>ssing his feare to retom-ne home before some course was taken for redresse of the injuries com- plained of, had a letter from this Court, directed. To such of Road Hand, Warwicke, Shawoamett, Patuxitt, or Providence, or who elssoeuer in any of those places it may concerne.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 15
The Gencrall Court of the Massatusetts thinks meete to give notice, that 16 50. Pomhom, Socanonocho, WiUiam Ainokl, "W™ Carpenter, &S, of Shauwamctt, ' ^i ' or Patuxitt, have presented to them scuerall complaints, contained in scuerall ''^'
_ _ _ 1 ' J Courts letter
peticons, of injurjes donne to them by some of the inhabitants of Eoad Hand, iu y behalf of "Warwicke, Shauwamett, or Patuxitt. Tliis Court adviseth all such whom it to such of ' may concernc to forbcarc prosecutinpf any suites amongst yourselves against ?°"'^ "^"^'
° -^ ° •' o Warwicke, &E,
the sajd W"' Arnold, W" Carpenter, and Pomhom, and Socanonocho, or whom it con- doing them any further injurje respecting their persons or estates, till yow shall lieare further fi'om this Court, which will not be long ; & was signed. By the Court.
EDWAED RAWSON, Secret.
*In answer to the peticon of M^^ Elizabeth Stoughton, of Dorchester, [*13.] wyddo, fFor the approoving and confirming a bargaine and sale of certaine ■^'"^' '° *^"
u o J Stoughtons
lands, which, w"" part of the tidemills and other the appurtenances, is menconed petiCon.
in a deed betweenc hir & Georg Stirke, hir sonne, & John Milam, of Bos- jf^'""^ '°^ "'
ton, to whom she sold the same, as therein largely appeares, bearing date the
last day of May, 1650, this Courte doth graunt hir request, and doth approove "^ '
otid confirme the sajd sale of hirs to the sajd John JNIilam and his heires, ex-
eculs, and assignes for euer.
CajJt Humpluy Atherton and Capt Eleazer Lusher are chosen & ap- Capt. Atherton pointed coinissioners fFor this Generall Courte, to goe and treat w*'' the Gennerall comissioners to Court of New Plimouth about Shauwamett and Patuxit, and finally to con- P'J""o"'h
. GeniCoutte.
elude thereabouts, acording to their comission and instruccons, given them by this Courte.
1 June, 1650. l June.
To our trusty and welbeloved ffreinds, Capt Humphry Atherton and Capt. Athcr- Capt Eleazer Lusher : Yow, being chosen comissioners by the Generall Court, comission. have full power and authoritye, and are heereby enabled, in their names, to consult, agree, and determine with the Generall Courte, at Pljmouth, concern- ing the title of land called Shawwamett and Patuxitt, and proteccon of the English and Indians there, acording to our engagements, repajring all private injurjes, acordinge to law and justice.
Itt is ordered, that the power of the whole Courte shall continew with those that remajne behinde, to agree of instruccons for the coiuissione''', viz., Capt Atherton & Capt Lusher, in the buisenes of Plimouth, touching Patuxit & Shawwamett, as also to perfect and conclude the adjournement of tliis Courte to the IS"" of this ^sent 4"" month, 1650.
16
THE RECORDS OF THE COLONY OF
1650.
1 June.
Secretarj'S oath.
AVhereas yow, E: E,:, are chosen secretary to the Gennerall Courte, and are to record and keepe all the lawes and acts to be passed by the same, as also the acts of the couiissioners and counsell of the comonwealth, that shall be coiuitted to yo'", yo" doe heere s-\veare by the livlnge God that yow vill faithfully and carefully doe the same, according to your vtmost skill and abil- litye ; and farther, observe the severall orders of Courte that hath reference to your place and implojment for the entring of petitions and carefuU keeping all records formerly passed that shall be coinitted to yow, and that yow will not, directly & indirectly, imparte or make knoune any of the private coun- sells, debates, speaches, or agreements which shall, by the ISIagis'* or any of them, be vttered or spoken in any of their meetings when yow shall be pres- ent, (except in such cases or wajes as your place requireth,) but shall be faith- full to the sajd Courte therein, as in your conscience, and according to the duty of yo'' place, yow are bound.
Itt is ordered, that letter's be writt to W" Arnold, W™ Feild, W"> Har- ris, Nathaniell Dickins, ]\I'' Weekes, suitable to the origiuall letters passed this Courte.
The Courte is adjourned to the njneteenth day of tliis June, 1650, at eight of the clocke in the morning.
[*14.]
18 June.
*Att another Session of the Generall Court of Elections, held at Boston, the 18"' of June, 1650.
CAPT: HUMPHRY ATHERTON and Cap? Eleazer Lusher, couiis- sioners appointed by this Court to treat w"» and conclud w"' the Generall Court of Plimouth jurisdiccon, as in their comissiou and acording thereto, brought this as their retourne.
June 7, 1650. The Generall Eorasmiich as there hath binn for some long time past some qua^stion
ourhrrsi>rn™" depending betwixt the jurisdiccons of the Massatusetts and New Plimouth, Eon of Shauwa- couceminge a certaine tract or tracts of land, called Shauwamett and Patuxit,
met & Patuxit o j ^ > ,
to the Massa- and some places thereabouts, and that it hath pleased the honnored Court of the Massachusetts to graunt a coriiission, vnder the hand and scale of the sajd Court, vnto Capt Humphry Atherton and Cap? Eleazur Lusher, enabling and investing them w"" full power and authoritje to treate, consult, and determine, together w^i^ tlie Court of Plimouth, aforesajd, in all cases M'hatsoeuer doe or
18 June.
THE MAS.SACHUSETTS BAY IN NEW ENGLAND. 17
may concernc the tracts of land before specif3'ecl, the Gencrall Courte of 1 (5 5 0. Plimouth, having in consideration of the prasmisses, as also for the preserving of mutuall love, friendship, and amitje w"' their neighbo''s of Massachusetts, having chosen ami deputed M'' William Bradford, GoUno', M"^ Thomas Prince, ^I'' William Colljer, Assistants, and M"' John Howland, M' Thomas Democke, M'' James Cudworth, and M"' Josiah Winslow, ffreemen, as a coiiiittee of the sajdc Courte, and authorising and enabling them w"' full power for them and in there behalf likewise to debate, resolve, and fully to determine, together w"" the aforesajd coiiiissioners of the jNIassachusetts, all and cuery of the cases or qua;stions about or concerning the land aforesajd, which sajd coinittee, vpon dew consideration, as aforesaid, doth resolve, conclude, and determine, as followeth, viz. : —
That they doe fully and foreuer relinquish and yeild vp vnto the gouern- ment of the Massachusetts, aforesajd, all the right, title, or clajme whatsoeuer the sajd gouernment or jurisdiccon of Plimouth have, or might have had, any way or by any meanes whatsoeuer, vnto that whole tract or tracts of land knowne by the name of Shawwamett and Patuxitt, aforesajd, being such as are or were the just rights of Pumham and Soconoco, or either of them, at that time, when the sajd sachems subjected themselves and their lands to the jurisdiccon of the Massachusetts, aforesajd, their sajd rights being or to be cleered, acording to evidence and aparant demonstracon. And wee, the sajd comittee, by the authoritje aforesajd, doe in like manner relinquish vnto the jiu'isdiccon of the Massachusetts all oar rights, claime, or title vnto the lands justly and lawfully possessed by William Arnold and Eobert Coale, and such of the other English as at that time, together w"* themselves, did in like manner subject to the JNIassachusetts as aforesajd, provided that this shall in no sorte hinder or prejudjce the clue accomplishment of the order of the honnored coiiiittee of Parliament in any other or ^ case therein contajned ; and also, provided alwajes that the bounds of these aforesajd lands shall not extend farther towards Cowissett then the true knoune and approoved limitts of the lands of Pumham did extend at the time of their subjecting to the jurisdiccon of the Massachusetts as aforesajd ; and also farther, w''' this pro- viso and condicon, that what lands soeuer have bene already or heerafter maybe made to appeare to belong to the toune or inhabitants of Providence vnto this day by any just title, shall not be *encluded in this relinquishment [ 15.] above spccifyed, but shall notw^'standing remajne and wholy belong to the inhabitants of Providence, freely to enjoy as formerly they have donne ; and also that this jurisdiccon of Plimouth be not in anytliing heereby putt to more
VOL. IV. PART I. 3
18
THE RECORDS OF THE COLONY OF
1650.
■ — ^ — ^
18 June.
Ans^ to the pe- ticoii of James Pen, James Johnson, & Peeter Oliuer conce' Nico. Willis wUl, Marshalls & dep' m'shalls power to re- quire aide in the execution, of their office as constables hath.
Ans' to M' Samuell Haughs pe- ticon.
19 June, 1650. Order for y® coinission'^s requiring jipor- oonalle part of the chardges for our agent of the rest of ye coUonjes.
Ans' to M' MaQicks pe- ticon, & 75" abated him.
Comissiou's for Norfolke.
trouble or chardge then any other of the two confoederate jiirisdiccons, viz., Conecticott and Neuhayen. WILLIAM BRADFORD,
TH° PRINCE, W" COLLIER, JOHN HOWLAND, THOMAS DIMOCK, JAMES CUDWORTH, JOSIAS WINSLOWE.
In ans' to the petition of James Pen, James Johnson, and Peter Oliuer, the Court graunts their request, viz., power of administracon to the estate of Niolas WiUis, late of Boston, respecting the will of the sajd Nicolas Willis, they bringing in an inveutorje of the estate to the next County Court.
Whereas the seuerall marshalls and their deputjes of the seuerall countjes in the execution of their office, being generall officers, have often times neede of helpe of others, when they are to serve attachments and executions vpon vnruly and disobedient persons, itt is therefore ordered, that they and every of them have, and shall have, the same power to enjoyne and chardge any person they shall see meete to vse for such their helpe and assistance to ajde them therein as euery counstable hath; and whosoeuer shall refuse or not yeild their obedjence thereto shall incurr the same penalty that those doe, or should doe, that refuse to aide any constable in his office.
In ans"" to the peticon of M"^ Samuell Haugh, the Court graunts his request, and appoint Cap? Simon Willard and Sargeant Blood to lay out the fower hundred ac''s in the place desired.
Itt is ordered, and by this Court enacted, that the coiiiissioners for the Vnited Collonjes, at their next meeting, shall require a proporconable part of the chardges exspended by the agent for this country, M'' Edward Winslowe, according to the profitts accrued, and that is expected to acrew, vnto the countrje in generall, acording to the eequitje of the case, and to make provicon for the payment thereof.
In ans"^ to the peticon of M"' Samuell Mauericke, fFor the remittment or mittigacon of his fine of one hundred and ffiffty pounds, formerly imposed on him by this Court, the Court graunts him the abatement of the one halfe of that fine, which is seventy five pounds.
Richard Bellingham, Esq>, w"^ Captaine Wiggin, & M"^ Robert Cleoments, M"^ Christopher Batt, and Left Robt Pike, are appointed as coiiiissioners w* the sajd magistrates to sett & keepe the County Courts in Norfolk for the yeere ensewing.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 19
In ans' to the request of the toune of Haverill, M"' Robert Cleoraents 1G50. is, by the authority of this Court, appointed and impowred to give the oath *^ ' '
„„,,,. 19 June.
01 nucility. -, „,
^ M' Cleoments
*Itt is ordered by the authority of this Court, that it shallbe in the power ^omission. of any one magistrate to give vrarrant vnto the seucrall counstables of Boston, L J Charles Toune, Roxbiu-y, and Dorchester, to impresse fower sufficjent service- Proyji-on ^f able horses, w"" fitt furniture, for the service of our honnored coinissioners y' comissioners
journey.
and their attendants, at the next meeting of the coniissioners of the collonjes, and the owners of the said horses are to be satisfycd by the Treasurer out of the country rate.
This Court, taking into consideracbu the proposicon of the coinissioners Comissioncrs of tlie Vnited Collonjes, in the booke, page 178, that whereas the occasions 1^^11016 of " of the collonjes doe sometimes require the meeting and consultacons of the thcii- meetings. coinissioners before the ordinary time appointed by the artickles of confocder- ation, in the seventh month, and so that meeting may convenjently be spared, doe therefore heereby order, that henceforth it shallbe left to the libertje of the coinission" for the time being to order the time of their meetings as the oc- casions of the collonjes may require, and so forbeare the ordinary meetings in Scptembei", as they shall see cawse, provided there be no occasionall meeting in the summer before September then the yeerely meeting, to be held as in the artickles of confcederacon.
Whereas a certaine tract or tracts of land, called Shawwamett and Patuxit, shauwamett belongs to this jurisdiccon, and is not yett brought to be w"'in the bounds f", ". ""'" of any countje, itt is therefore ordered, that Shawwamett and Patuxit shall be ""= county of
Suffolke.
accompted from henceforth as belonging to the county of Suffolke.
Itt is ordered, that Capt Humphry Atherton, in cousideracon of the good 500 ackers gted services he hath donne at seuerall times for the country, shall have a farme of ° "''
•' ' ton as a gra-
five hundred ackers of land graunted him, to be lajd out when he shall tender '"''y ^"^ •''^
service.
a convenient place, that is not already graunted, so it hinder not a village, (and this as the Courts thankfuU acceptance thereof)
For explanacbn and aditlon of the lawe, title Profane Swearing, itt is Posnaity for ordered by this Court and the authoritje thereof, that if any person shall |. "ursine"" sweare more oathes then one at a time, before he remoove out of the roome or company where he so sweares, he shall then pay the some of twenty shillings : the like poenalty shallbe inflicted for profane and wicked cursing of any person or other creature, and for the multiplying the same, as is appointed for profane swearing ; and in case any person, so offending by multiplying oathes or cursing, shall not pay his or then* fines forthw"", they shall be whipt or
20 THE RECOKDS OP THE COLONY OP
1650. comitted to prison, till they shall pay the same at the discretion of the Court or magistrate that shall have cognizance thereof.
Itt is ordered by the authority of this Court, that Thomas Dudley, Es^, our houno^'ed GoQn"^, Richard Bellinghm, Es^, INI'' Joseph Hills, Capt Ham-
structions for
the comis- phry Atherton, and Capt Edward Johnson, or any fower of them, shall be a sion's. coiiiittee to drawe vp instructions for our honnored coiuissiouers, for their direc-
tions against the time when the coinissioners of all the collonjes shall meete ; and this coinittee is to meete vpon timely notice given them from the Goiin'". [*17.] *As an adition to the lawe, title Gaming, 1646, 1647, itt is ordered by this
Poenalty for Gourtc and the authoritie thereof, that bowling, or any other play or game, in
gamesters. •' o .< j. ./ o
or about howses of coinon intertainment, shallbe, and heereby is, prohibited, vnder the same poenalty to any person offending heerein as is provided for in the aforesaid lawe against players at shovelboard ; nor shall any person be an abetter to any kind of gaming, on the same pccnalty provided for against play- ing for money or raoneyworth, prohibited in the sajd lawcs. Straungers lib- Whereas oftentimes it comes to passe that stranngers coming amongst vs
ertr to trye ac- i i • • • c 1 1 • r\ e
coiis one w't have suudajne occasions to trye actions oi seuerall natures m our Courts ot
another, in any j,jg(.;(,g^ ^^^\ j,j respect it is very chardgeable to the partjes, and troublesome to
the countrje to call speciall Courts for the determinacon of such cases, itt is
ordered by this Court and authoritje thereof, that from henceforth it shallbe in
the liberty of any stranngers, vjion legall suiuoiis, to enter any action against
any person or pcrsoii, not residing or inhabiting amongst vs, in any Court
w^'iii this jiirisdiccon..
M' Barthoi- "WHiereas M"^ "W™ Bartholmew, of Ipswich, and M"^ Henry Bartholmew,
6" to be repaid ^^ Salem, have teiidrcd themselves to suply ffiffty shillings apeece in money
them, &c. towards the chardge of our coinissioners of the collonjes, itt is ordered by this
Courte, that M"' W" and M'' Henry Bartholmew shallbe pajd the same out
of the next country rate in each toune of the best of the pay, w"' allowance of
sixepence vpon euery five shillings for forbearance and other inconvenicncjes,
vnlesse it be pajd in money in Nouember next.
Power to the Itt is ordered, and by the authoritje of this Court enacted, that the Magis-
next at Boston trates of the next Countje Court, to be held at Boston in July next, shallbe,
to treat wi- any ^^^ heereby are, empowred w'l" ample power and authority to treat w* and
of M' Gortons J > i i 1 J
company. conclude w"^ such of ]\I' Gortons company as shall come therevnto, (if they are not satisfyed that Shauwainett and Patuxit are now justly and vndoubtedly w'^'in our jurisdiccon,) of nominating meet and indiffirent judges and a jury, to heare and determine the points of difference betweene them and ourselves in that respect, that so mutuall peace and love maybe preserved amongst vs. Whereas M'^ Winslow, by his letter, informes that he borrowed, two
THE MASSACHUSETTS BAY IN NEW ENGLAND. 21
yeere since, of M' Willoughby, Cap? Robert Harding, & M' Frauncis Norton, 1 G 5 0. of each of them five pounds, and of M"^ Ezckiah Vsher fForty shillings, for ^"^ * "^ snplying himself to carry on the publicke occasions, itt is ordered, that the „.
^ ^ ^ J r 7 y Ircasurcr to
Treasurer, out of this next levy, shall pay vnto them, viz., to each of them that p^yM'Wiiiow-
by, &c, outofy
lent five 2)ouuds seven pounds, and to M' Ezekiah Vsher ffiffty sixe shillings, next levy the Whereas Thomas Young, a seaman, now in Boston, hath served Capt "5°*^^^ "^^ ' Barnabe Standfast, master of a shipp now before Boston, w"" an attachment to Liberty given apeai-e at the next Court held at Salem, in an action of the case, for wages dew °^ surcapt "^ vnto liim, w"^held by the said master, itt is ordered by the authoritie of this Standfast at
Salem.
Coiut, that the sajd master of the ship shall aus'^ the action at Salem Court afforesajd, acordiug to the attachment, any lawc or customc to the contrary notw^standing.
*Whereas in the first session of this Court, vpon the petition of sundiy on [* 18.] the behalf of the schoole of Dochester, in relation to the title of the iland called ^'^^' '" ^°'''
Chester peticon
Thompsons Iland, itt was ordered, that M"' John Thompson should be sviiioncd respecting
, , T 1 • /• 1 1 • ^ • Thompsons
or attacncct to attend a nearmg 01 the case at this psent session, yett not n.-,j_ knowing the same was served,on their request itt is heereby ordered, that at- tachment shall be graunted to bind the sajd M'' Thompson to attend a hearing of the case at the next sessions of this Coiut.
Itt is ordered, that the Treasurer shall j)ay vnto the servants of Hugh GuUi- Gratuity to the
- , . , p -i r~\ 1 'IT servants of
son, as a gratmty lor their attendance on part 01 the Court, twenty shillings, ij„j|j howses. and to the servants of W™ Phillips, for their attendance on the other part of the Court, tenu shillings.
Itt is ordered, that M"^ Mathewes shall have an optunity, viz., twenty Time allowed eighth of this instant June, at Boston, at "W" Phillips howse, at eight of the ^^ -^ ^^^^^_ clock in the morning, to give satisfaccou for what he formerly deliuered, as ''''«'-■<">. *>=• erronious, wcake, &<?, to the elders of Boston, Charles Toune, Roxbury, and Dorchester, w"' such of the Magis"* as shall please to be then present, (if he can.)
"Whereas the French, Dutch, and other fforaigne nations doe ordjnarily 22 June, trade gunns, pouder, shott, &c, w"' the Indjans, to our great p>judice, and ^°°"''"''p°'^ strengthning and anuimating the Indjans against vs, as by dujly experience &c, to trade
w'^ the Xndifirs
wee finde, and whereas the aforesajd French, Dutch, &(3, doe prohibite all i^o^^ j^^isdic- trade w"" the Indjans w'l'in their respective jurisdiccons, vnder penalty of con- '^°"- fiscation, &6, itt is therefore hereby ordered, that after due pubHcation thereof, it shall not be lawful! for any Frenchman, Dutchman, or person of any other forraigne nation whatsoeuer, or any English living amongst them, or vnder them, or any of them, to trade w"' any Indjan or Indjans w"'in the Umitts of our jurisdiccbn, either directly or indirectly, by themselves or others, vnder poenalty of confiscation of all such goods and vessells as shallbe found so
22 June.
22 THE RECORDS OP THE COLONY OP
16 50. tradeing, or the dew vallcw thereof, vpon just proofFe of any goods or vessells so tradeing or traded ; and it shallbe hiwfuU for any person or jjersons inhabit- ing w"'in this jurisdiccon to make seizure of any such goods or vessells tradeing w"' the Indjans, as by this lawe is prohibited, one halfe whereof shallbe to the propper vse and benefitt of the party seizing, and the other halfe to the publicke. Ans' to John In ans'' to the peticon of John Prescott, itt is ordered, that if the sajd
g^jjj John Prescott shall not, before the end of the next sessions of this Courte,
make it sufficjently appeare that Nashaway is a fitt place for a plantacon, so as a ministry may be erected and niaintajned there, otherwise the parties there in- habiting shallbe called there hence, and not suffered to live w^'out the meanes any longer. [*19.] *Itt is ordered by this Courte and the authority thereof, that henceforth
Recording of ^ny graunt, sale, bargaine, or mortgage of howses, lands, rents, or other haere-
lands in y" _
county where dittaments, recorded by the recorder of that shire in which such howses, lands, rents, or hacridittaments are, shallbe sufhcjent security vnto the purchaser or grauntee w"'out any farther certifying vnto the recorder or secretary for the Generall Court, and that clawse in the close of the printed lawes, title Con- veyances, Fraudulent, page 14, requiring the same, is heereby repealed. Thcbooke Forasmuch as the Booke of Discipline was to be coiiiended by order of
piine comended ^^^ Generall Court to the seuerall chiuxhes of this jurisdiccon, to be by them to y« churches considered, and their consent or dissent to be retourned to this Generall Court
cousideraco.
of Eleccons, concerning the perticulars therein expressed, and forasmuch as it is sajd that some of the churches was ignorant of the sajd order, and therefore little hath binn donne in that perticular, this Court therefore (tak- ing into consideration how necessary the perfecting of that worke willbe, and how much it will tend to Gods glorje and peace of theise churches) doe heere- by order, that the sajd booke be deuly considered of all the sajd churches w"Hn this pattent, and that they, w^'out faile, will retourne their thoughts and judgments, touching the perticulars thereof, to the next session of this Court, to the end that the sajd worke maybe perfected to Gods prajse ; and that a coppie of this be forthw"^ sent to euery one of the sajd churches. And it is further heereby desiied that euery church will, by the first opertunitje, take order for the procuring of that booke, published by the synod, at London, concerning the doctrine of the gospell, that the churches may also consider of that booke also assoone as they can be gotten. Order for y« Itt is ordered by this Court and the authoritje thereof, that henceforth
u ' , ^ ' the secretary for the Generall Court shall, w*in two months after the end of
scribe y lawes. -^ '
euery sessions, send vnto the clarke of euery Shire Court, as also vnto the
THE MASSACIIUSETTrf BAY IN NEW ENGLAND, 23
present or late deputies of each toune, or to the counstable where no deputje 165 0.
is, a coppie of all generall orders made in each Court, for which he shall re- *~" "> ^
ceave of the Treasurer, for eueiy such coppie, after the rate of eight pence p
page, which the Treasurer shall chardge vpon each toune, together w"" their
countrje rate from time to time, viz., for the coppies sent vnto the perticular
tounes ; and it is farther ordered by the authoritje aforesajd, that the deputjes,
or counstable of each towne where no deputie is, shall cawse the same to be
audibly read in a publicke toune meeting, warned (by the counstable of each
toune) w"'in tenne dayes after their receipt thereof, on poenalty of five pounds
vpon any deputy or counstable for neglect of their respective dutjes ; and it is
farther ordered by the authoritje aforesajd, that such reading thereof, in any
shire or markett toune in each shire, shallbe a sufficjent publication thereof
from time to time ; provided also that the Treasurer shall have a coppie w^out
payment from time to time.
In ans' to the qusestion, viz., whether by that clause of the law intituled Ans'to aques- Inkeepers, a private person, (not a comon, or publicke, or licensed seller of ke°p"/suffrini! strong waters,) entertajning three or fewer psons into his howse, and letting t'pi'"g strong
water.
them there drincke a pinte or two of strong waters, (whereby one of them is drimcke,) and receave money for it, whether such a carriage is, acording to the intent of that lawe, a breach thereof, and acordingly liable to the poenalty therein menconed. As the case is heere stated, the Court determines it is a breach of the first section of that lawe, and that the penaltje maybe taken acording to what is therein expressed.
•Whereas wee are credibly informed that great mischeifes and outrages [*20.] have binn wrought in other plantacons in America by coinanders, and souldjers ^""^ prevention
. . . . of outrages.
of seuerall qualitjes, and other straingers issumg out of other parts, vsiu-ping power of goQnement ouer them, plundering of their estates, taking -s'p armes, and making great divisions amongst the inhabitants where they have come, to prevent the like mischeife in this jurisdiccon, this Court doth order, and it is heereby enacted, that henceforward all straingers, of what qualitje soeuer, above the age of sixteene yeeres, ariving heere in any portes or parts of this jurisdiccon in any shipp or vessell, shall imediately be brought before the Goiino'', Dep' GoQno'', or two other magistrates, by the master or mate of the sajd shipps or ves- sells, vpon the poenalty of twenty pounds ; for default thereof, there to give an accompt of their occasions and busines in this countrje, whereby satisfaccon may- be given to this coinonwealth, and order taken w* such straingers as the sajd GoQn"", Depu* GoQno', two Assistants, or the next Coimtje Court shall see meete ; and that the lawe for intertajning of straingers be strictly putt in execution, and this order to be posted vp vpon the seuerall meetinghouses
22 June.
24 THE KECORDS OF THE COLONY OF
1 G 50. cloores, or postes, or other publicke places in the port tonnes of this jurisdic- con. And it is ordered, that the capt of the Castle shall make knoune this order to euery shippe or vessell as it passeth by, and the counstables of euery port toune shall indeavor to doe the like to such shipps or vessells before they land their passengers ; and that a true record be kept of all the names of such straingers, and their qualities, by the clarks of the writts, who shall have the names given them by the sajd GoQn'' or Magistrates, to be retourned to the next jmediate sessions of the Generall Court. This to continew and be in force till the next session. M" Tilly, mid- In answer to the petition of seuerall inhabitants of the toune of Boston,
ffor the releasement and enlardgement of M"^^ Tilly, midwife, the Court doth answeare, that it is no smale greife vnto them to be so often pressed, both in the generall and particular Courts, by so many woemen heretofore, and now also by so many men, being such as deserve so great respect from them, in a ♦ cawse which they cannot gratifje them in without the vilatlon of their con- sciences, and that authoritje the countrje hath betrusted them withall, so that they might answer as Solomon did liis mother, whom he was loath to do any thing : Aske for M'^ Tilly the kingdome also ; for the petictiners should doe well to consider that, notwithstanding the censure past vppon hir, (which they, vppon the full evidence they had then, did, and yett doe, thinke to be just, yett, being willing (out of the respect they beare to the former pe- ticoners) to connjve at hir disobedjence, so farr as they might, without betray- ing all authoritje into hir bauds, have hitherto permitted hir to goe whether shee pleased, doe what she listed, and speake what she would, without further qufestioning of hir or those who were bound to retourne hir to prison, where- by she either was, or might have binn, as usefull in her midwivery as before hir censure ; but it plainely appeares, by hir carriage and speeches, and hir vrging others thus still to petition for hir, that nothing but a compleate vic- tory oner magistracy will satisfy hir excessive pride, which they desire maybe weighed by the peticoners and others in an equall ballance, their being as much neede to vphold magistracy in their aiithoritye as M"^^ Tilly in hir mid- [*21.1 wivery ; that soe further imp *iniportunity maybe forborne, and that both magis- trates may serve God and the countrje without discouradgement in their places, and M" Tillyes freinds may at length be pacifjed ; and whereas some of the magistrates have bin informed that there be some that thinke and speake that M''* Tilly was not justly fined and imprisoned by the magis'^, if any such will shew themselves therein, the magist* are ready to make answer thereto.
In answer to the petic6n of seuerall inhabitants of the toune of Dorchester,
22 June.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 26
in the behalfe of M"'" Tillcy, for hir rcleasement and cnlardgement, tlie Courte 1 G 5 0. doth order, that the same answer Avhich they gave to Boston peticon shallbc given to this peticon, being both of one nature.
Itt is ordered, that the acknowledgement of Bozoune Allen (in respect of the offence he gave concerning our honnored Gouerno'') should be accepted of, being satisfactory.
Whereas I, Bozoune Allen, am chardged to have vttered some words or 25 3 : 1650. expressions vnto the rightwofppff ' Thomas Dudly, Escp, late Dcp' Gouerno^ BozouneAUens
. J. JT :■ acknowledge
and now Gouerno'', of tlie jurisdiccon of the Massatusetts, in the last Countjc ment.
Courte for Suffolkc, tending to his reproach, viz., that something Avhich he then spake or related, touching some agitation of M'^ Cotton and M"^ Wilson, at Weimouth, in relation to some of Hingham, was false, I desire, vnder fa- vour, humbly to expresse myselfe as foUoweth : —
First, that I doe not remember that I did so speake ; but inasmuch as the magistrates are informed that I did then and there so speake, I am willing rather to suspect then to justify myselfe, accoumpting and acknowledging it to be very sinfull, cvill, and vnsufferable for any to asperse or reflect any blemish vpon any member of any Courte of justice, and much more to be clonne by me, or any soe ingaged or interesscd in vpholding the honnor of the countrje and principall pillars thereof, as I accoumpt myself to be, and most of all to defame him whom I know and acknowledge to be, and have bin, so eminently serviceable vnto, and tender of, the good of this countrje, and doe, in very deed, accoumpt it a matter of greife to my very soule that he should be reproached or the least eclipsed by any, and much more that I should be, or aprchended to be, an occasion thereof. Secondly, I doe solemnly professe that I neitlier lune, nor then had, such a thought in my hart, nor I trust euer shall harbor such a thought ; as if he, viz., our honnored Gouerno'', did, or would, willingly speake or relate any thing vntrue or false ; nor know I any ground for myselfe, or any man, so to conceavc, much lesse to conclude or afhrme, concerning him. Thirdly, my humble reqiiest to this honnored Courte, and in perticular to our honnored Gouerno'', is, that I maybe favor- ably construed according to my vpright and sinceere acknowledgment and prot- estation, and that whatsoeuer in any my expressions on the occasion aforesajd was justly offensive, in one respect or other, maybe remitted and couered with the mantle of love, which hopes, belejves, and suffereth much. Fowerthly, for vindication of our honnored Gouerno'^ from all appearance of rc])roach by my occasion, my humble rer^ucst is, that this acknowledgement maybe publicquely read before this whole Coiu-te ; so, desiring your prajers to God for me, that I
VOL. IV. PART I. 4
26
THE RECORDS OF THE COLONY OF
16 50. may be more cii-cumspect and inoffensive in all points for time to come, I humbly subscribe myselfe, willing, in all I may, to serve and lionnor you.
BOZOUNE ALLEN.
22 June.
The Courte is adjourned to the fElfteeuth of October next, at noone.
[*22.] *Att a third Session of the Gennerall Court of Eleccons, held at 15 o^"'''<='-- Bodon, the 15'" of October, 1650.
Horses to be impressed.
FORASMUCH as, by sad experjence, the countrjes most weighty and necessary occasions is much neglected and retarded by reason that in the times of greatest neede, few or no horses are to be jmpresscd and gajned for the vrgent pressing occasions of the countrje, but such as jileade exemption by vutue of their being listed, (which this Courte is tender of discouradging,) yett, finding it of necessitje to take some such course as the countrjes occasions maybe seasonably served, itt is therefore ordered, that from henceforth all horses within this jurisdiccon (except in the time when they are in the regi- mentall exercises, or in publicke service for the countrje) shallbe subject by presse to serve the countrje in their necessary occasions, as other horses are ; provided, that if any horse being listed for service shall be impressed to be made vse of by the countrje, that then eueiy owner of such horse so listed shall have allowed him two shillings a day ; but if they are not Ksted, they shall be allowed but one shilling sixepence a day, any lawe, vsage, or custome to the contrary notwithstanding.
Itt is ordered by this Courte and the authoritje, that no man shall strike his ■wife, nor any woman her husband, on penalty of such fine not exceeding tenn pounds for one offence, or such corporall punnishment as the Shire Courte that hath the examination thereof shall determine ; and the former lawe, title Woemen, is heereby repealed.
Itt is ordered by this Courte, that all sortes of corne shallbe pijd into the y y ere o covmtry rate at these prizes following, viz. : wheate and barly at five shillings p bushell ; rye and pease at fower shillings ; Indjan at three shillings, mar- chantable ; and all other things pajd into the countrje rate to be vallewed by indifferent men, according to the seuerall prizes of all sortes of corne above- mentioned.
Vppon information of some inconvenjencjes accrewed, and more that
Pcenalty for husbands or wife striking each other.
Prizes of corne y" yeere to tl country rate.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 27
may accrcw, to seueiall persons, in that meu take themselves acquitted 1650. and free from all Icgall obligations in case of ajjpcarancc in courts according " "' ~^ to the cxpresse termes of the bond, or, at most, if the principall there stay till „ , tt i d verdict and judgement be given, -which if they be, they may then make ""' *" be re-
* leased till cxe-
away their estates, or absent their persons before the twelve howres be expired cution be for graunting execution, whereby the partje recoucring may either be de- prived of or much daiuaged in his just rights, itt is therefore ordered by this Courte and the authoritje thereof, that henceforth all goods attached vppon any action shall not be released vppon the appearance of the party, or judgement given, but shall stand jngaged vntill the judgement or the execution be graunted vppon the sajd judgement be discharged, nor shall any suerty or suretyes for appearance in any Courte (except in capitall or *criminall cases) be [*23.] released from his oi' tlieir bond, vntill the execution as aforesajd be discharged and satisfjed, or the principall person be surrendred into the hands of the marshall or his deputy, who shall secure him till the judgment be discharged, any lawe, custome, or ysage to the contrary notwithstanding.
Whereas experjence doth show the inconvenience of taking verball testi- All affidavits to
„ , „ . ...,.,. , be in w-riting.
raonjes m Lourte, by reason ot many impertmencjes in their relations, so that
the clarkes cannot well make a perfect record thereof, and to prevent all mis- takes and vngrounded jealousyes against the officers, bee it heereby enacted and decreed, that henceforth all testimonjes shall be presented in writing to the Courte, either attested before a magistrate, or (if the party be within tenn miles of the Courte) to be then attested in Courte vjjpon oath, and the partje for whom such wittness is brought shall pay to the recorder, for filing and safe keeping of the same, two pence, and for transcribing a coppy thereof (when it is called for) sixe pence for euery page consisting of thirty lines, and so proportionably therevnto. Further, it is heereby ordered, that the foreman of euery jury shall faithfully deliuer vp all such testimonjes, or other writings coinitted to them, vnto the recorder, or officer of the Court, when they give in their verdicts, in euery case.
Itt is ordered, that in all actions of trespasse, where the pretence to any Partje bringing Courte of the tresjjasse shallbe pretended to be above fforty shillings, and yett, ^er ro»'^to any on the hearing thereof, it shall appeare to come under the sajd vallew, in all ^'""'' '° P^y
costs.
such cases, the plaintlffe shall loose his action, and pay the defendant costs.
Vpi^on information of soundry inconveniencjes by the suddajne and vnex- Associates, w" pected adjournement of Shiere Courts, itt is ordered by this Courte and the to kccpuCoun- authoritje thereof, that annually vppon the day of nomination of men for ma- '^ ^°"'^^^- gistrates in euery tonne, there shall also be a chojce of some nieete persons for associates for each shiere, chosen by papers and pervsed in each toune meeting,
15 October.
28 THE KECORDS OF THE COLONY OF
16 5 0. and those two that have most votes shallbe signifjed \Tider the cotinstables hand, and dehuered vnto each person designed to carry the votes for magis- trates vuto their shiere meeting, who, so mett together, shall examine the votes ^ the seuerall tonnes, and those two that have most votes shall be signifjed vnder their hands, and presented vnto some magistrate in each shiere, or to their next Shiere Court, by the counstables in the towne where they dwell, to take their oath according to lawe, wlxich sajd associates for each shiere so cjiosen, and sworne with one magistrate, shall henceforth duely attend, and keepe all and euery the sajd Shiere Courts, vppon the seuerall dajes deter- mined by laAve, that so there be no occasion of complajnts of that nature in time to come. [*24:.] *Itt is ordered by this Courte and the authoritje thereof, that euery pub-
Order that licke notary in this jurisdiccon shall henceforth stand chardged, from time to
states publicke . -ii r •ii-i -nc
notarjes ffees. time, to doe the perticulars heereaiter mentioned, being therevnto required, for the perticular ffees hereafter expressed, viz. : for writing a procuration, or letter of attourney, twelve pence.
For entring the same at lardge in his booke, if therevnto required, twelve pence.
For coppying a bill of exchaiidge, and for a protest, and attesting the same vnder his hand, two shillings sixe pence.
For time necessarily expended abroad, in travells or otherwise, about protests, beside writing and attesting vnder his hand as aforesajd, after the rate of twelve pence an hower.
For writing, recording, and attesting a cocquett or certifficatt, twelve pence.
For entring a bill of exchandge and protest at lardge in his booke, one shilling sixe pence.
For a coppy of a bill of exchandge and protest, and signing it, two shillings.
For searching and declaring, vppon demand, any record vnder his cus- tody, three pence.
For all writings exceeding a page in folio, ouer and above the former ffees, after the rate of eight pence p page for all above one page contajning thirty or thirty fower lines, in a page of ordinary sized paper, and eight or tenn words in a Ijne.
For a coppy of any writing or record, the same ffee as for Avriting and at- testing the originall writing or record thereof
For the bare pervsing and attesting any kind of writing not hecreby specially provided for, sixe pence.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 29
And it is further ordered by the authoritjc aforcsnjd, that no such officer 1 0 50. shall deny or delay any man desiring it the x'levf or coppy of any record, or " '' ' signing any writing, vppon tender of duo flees, as above expressed, on pocn- altje of twenty shillings for euery such default, and liable to the partjc there' by damnitjed, by way of action, as in other cases.
The Courte, having had the sight of a booke lately prjnted vnder the Contra de- name of William Pinchon in New England, Gent, doe judge meete, first, that w" Hathorne a protest be drawen, fully and cleerely, to satisfy all men that this Courte is Si^^^kc to y
' Dcputjcs, Jos.
SO farr from approoving the same as that they doe vtterly dislike it and detest mus. Henry
11* n 1 • 1 rr> • 1 Bartholomew,
It as erronjous and daingeroiis ; secondly, that it be sunicjently answered by Riiiiard w^ik- one of the reuerend ciders : thirdly, that the said AVilliam Pinchon, sent, be II' , ,"^'
• ■" ' o J Holynke,
suiuoned to appeare before the next Generall Courte to answer for the same ; Stephen
Kingsly.
ffowerthly, that the sajd booke now brought ouer be burnt by the executioner, ^g ,g„[ > jgjg or such other as the magistrates shall appointe, (the party being willing to doe it,) in the markett place in Boston, on the morrow immedjately after the lecture.
*The Generall Courte, now sitting at Boston, in New England, this IG"" [*25.] of October, 1650 : there was brought to our hands a booke written (as was i^ October. therein subscribed) by William Pinchon, in New England, gent, entitled ti^n g. ,„ote3- The ilerritorious Price of our Redemption, Justiffication, &(5, cleering it from *?''°" °f '''®
'■ ' ' o General! Court
some coiiion errors, &5, which booke was brought ouer either by a shippe a of the Massa- chusetts in few dajes since, and contejnmg many errors and hairesies generally* con- New England.
demned by all orthodoxe writers that wee have mett with. Wee have judged it meete and necessary (for vindication of the truth so fiirr as in vs Ijeth, as also to kecpe and i)ra?serve the people heere coiiiitted to our trust and care in the true knowledge and faith of our Lord Jesus Christ, and of our redemption by him, as likewise for the cleering of ourselves to our Christian brethren and others in England, where this booke was ijrinted and is dispersed) heereby to protest our innocency, as being neither parljcs nor privy to the Avriting, com- posing, printing, or di\'ulging thereof, but that, on the contrary, wee detest and abhor many of the opinions and assertions therein as false, erronjous, and ha;retticall, yea, and whatsoeuer is contejned in the sajd booke which are con- trary to the Scriptures of the Old and New Testament, and the generall re- ceaved doctrjne of the orthodoxe churches extant since the time of the last and best reformation ; and for proofe of our sincere and plapie meaning there- in, wee doe heereby condemne the sajd bookes to be burned in the markett place at Boston by the marshall, which was doiie accordingly ; and doe jiur- pose, with all convenjent speede, to convent the sajd iP William Pinchon before authoijtje, to fiude out whether the sajd William Pinchon will oune the
16 October.
30 THE RECORDS OF THE COLONY OF
1650. sajd booke as his or not, which if he cloth, wee purpose, God assisting, to jiroceede with him according to his demerritts, viilesse he retract the same, and give full satisfaction, both heere and by some second writing, to be printed and dispersed in England. All which wee thought needcfull, for the reasons above alleadged, to make knowiie by this shorte protestation and declaration. Also, wee further purpose, with what convenjent speede wee may, to appoint some fitt person to make particular answer to all materjall and controver- sall passages in the sajd booke, and to publish the same in priute, that so the errors and falsitjcs therein maybe ffully discovered, the truth cleered, and the mindes of tliose that love and seeke after truth confirmed therein. [*26.] *Itt is ordered, that the declaration published yesterday, concerning the
Secre- to signe ^^^^^ subscribed by the name of William Tinchon, in ^ew England, Gent,
y« declaration. '' o ■'
shall be signed by the secretary, and sent into England, to be printed there. M-- John Nor- Itt is ordered, that M^ John Norton, of Ipswich, be intreated to answer
ton tu answc'' -n r -r>* i i i
M' Pinchons ^^ Puichons booke.
^00^^- Itt is ordered, that ]\I'' Willjam Pinchon shallbe suiiioned to appeare
be suiiioned to before the next Generall Courte of Eleccons, on the first day of their sitting,
^ iT c T" ^'^ S'^^^ ^^^* answer for the booke printed and published vnder the name of William Pinchon, in New England, Gent, entituled The Meritorious Price of our Redemjition, Justlffication, &c, and not to departe without leave from the Courte.
Ans' to M' 'In answer to the petition of Henry Dunster, prjesident of Harvard
Collcdge, respecting the hundred pounds due from the country to the colledge,
College. and rectifying the fferry rent which belongs to the colledge, itt is ordered,
that the Treasurer shall pay the proesident of the colledge the some of one huncked pounds, with two yeeres forbearance, as is desired, and forbearance till it be pajd out of this next levy, that so the ends proposed maybe accom- plisht ; and for tire ferry of Charles Touue, when the lease is expired it shallbe in the liberty and power of the pra3sident, in behalfe and for the behoofe of the colledge, to dispose of the sajd fferry, by lease or otherwise, making the best and most advantage thereof, to his owne content, so as such he disposeth it vnto performe the service and keepe sufhcjent boates ifor the vse thereof, as the order of Courte requires.
Contradicciit- Itt was putt to the question, whether the reasons menconed by the con-
toV^^aror* tradicenting brethren of the Depu'^ to y'' censure of M"^ Pinchons booke, or any other vpj)on the like grounds hereafter, should be recorded or kept on file, as the law now stands. Itt was voted by the whole Courte on the
Ans' to Pur- negative.
petition? ■'■'^ answer to the petition of Purnell Hughes, wife of William Hughes, of
THE MASSACHUSETTS BAY IN NEW ENGLAND. 31
Lynne, the Courte accepts of hir acknouleclgment, and according to liir 16 50. request, pardons hir hir offence in selling strong waters w"'out license, ^ '< '
1 T T ^ T 16 October.
wnereby one was distempered.
In answer to the petioon of John Baker, of Ipswich, craving that the Ans' to John seuerall soines due to him from the country be pajd him by the Tresurer out tioa.^"'"^ '" of this levy, and satisfaction for tAvo disajjpointments by the Cou''s adjourn- ment, itt is ordered, that the Treasurer pay him the seuerall somes due to him, w"' forty shillings for his disapointments.
*Iii answer to the petition of Susannah Haugh, widdow, for a resolution [*37.] •whether the howse left hir by the will of M'' Atherton Haugh, her late husband, ^"'*' *° ^^"
. . Haughs
being out of repaire, should not be repaired by his execute"" or not, the Courte pctiCon. determines the peticoner is to take the howse according to the will as now it is.
Ill answer to the petition of Nicholas Davison, in the bchalfe of M" Ans' to M' Rebeckah Craddocke, alias Whichcott, ffbr sixe liundi-ed seventy sixe pounds, J'jij'*''"^ or thereabouts, due from this countije to the estate of M"^ Mathew Cradocke, the Courte declares that the generallitje of the accoumpt mentjoned in his petition, both of receipts and disbursements, concernes only particular persons, or company of merchants or vndertakers, and not the goucrnment now established, or people in geuerall, v:\\o were neuer concerned therein, nor had euer any such ingagement vppon them as the accoumpts mentions, and therefore not respon- sable for the debt demannded, as may appeare in the Courte booke by seuerall orders about transferring the gouernement and mannaging of the joinctstocke, which was sold to particular persons, vppon their owne accoumpt, as by the sajd booke and orders may appeare, in the 9"" month, 1629 ; and that the peticoner shall have M'' Craddocks accoumpts deliuered to him agajne.
In answer to the peticon of jNIargarett Allen, late wife of Edward Lambe, Ans' to desiring power for hirselfe, or Samuell Allen, hir present husband, to make a j^i^'g"^*^ firme deede of sale of the howse of Edward Lambe, hirformer husband, to Tliom- petition, as Bojden, who hath pajd for the same, the Com-te judges it mecte that admin- istration be grounted to the estate of Edward Lambe to Samuell Allen, and also power to confirme the sale of the mentioned howse to the sajd Thomas Bojden.
Whereas Mary Lowle, the daughter of John Lowle, late of Newbery, Courts graunt deceased, about seventeene yeeres of age, is desirous to transport herselfe into " " ^ England, to some ncere frelnds of hers, from whom she receaved her educa- tion, and doth expect farther favoiu' and bonefitt in soundry respects, but not having at present to defray the chardge thereof, hath personally and otherwise made request vnto this Coui'te that a legacje of tenn pounds, due vnto her from Richard Lowle, her vnckle, either at the age of twenty-one yeeres, or as this Courte shall determine, maybe pajd now vnto her, and her sajd unckle
32
THE EECORDS OF THE COLONY OF
1650.
16 October.
Ans' to Mary
Mansfeilds
petition.
[*28.]
Ans' to Stephen For- ditch petition.
AV" Palmers diverse.
Ans' to the in- habitants of Sudbury pe- ticon. 18 S™, 1650.
Ans'to Thomas Truslar pe- tition.
Ans' to Ed- mond Jackson & Mehittable Galloi)s peti- con, admitted in forma pau- peris.
discharged thereof, this Courte, vppon consideration of the premises, doe graiint and order, that the sajd legacje of teun pounds be pajd vnto the sajd Mary Lowle, and do heercby dischardge the sajd Richard Lowle, vppon the pajment thereof to the sajd Mary or her asignes.
In answer to the petition of Mary ilansfiekl, the Conrt declares that the lawe hath already provided for the petitioner, in respect of what she desires, to vf"^ they referr her.
*In answer to the petition of Stephen Forsditch, for the remitting his fforty pounds, forfeited for his sonnes non appearaunce. at Boston Court, the Courte thinks mecte to remltt him thirty five poiuids, and that he pay only five pounds for his non appearance ; and that his sonne be bound to appeare to answer for his faulte to the next Courte of Assistants.
In answer to the petition of Wllllara Palmer, desiring a bill of divorce maybe grauutcd him from EUlnor his wife, which, since his coming into these parts, hath wholy deserted him, and marrjed hersclfe to one ^Vllljam Pope, of Salisbury, in the county of Wilts, in England, and hath had children by him, the Courte judgeth it meete, (on the pervsall of the evidence of Xtopher Batt and John Wheeler, of Salisbury aforesajd, now in New England, affixed to the petition,) that the sajd William Palmer should be dlvorsed, and declared heereby that he is legally divorsed.
In answer to the petition of the Inhabitants of Sudbury, desiring that some men maybe appointed to lay out the bounds betweene Watertoune and Sudbiuy according to the Courte order, Itt is ordered, that Cajit Sjmon Willard, Capt Eleazer Lusher, and M'' Edward Jackson, be coinlssioners to setle the boimds betweene the partjes mentioned in the petition ; and for tlieu' asistance therein, that Left Fisher be procured to lay it out according as it hath bin grauntecl by this Courte, and that it be donne before the tenth moueth next, and rctourue made of what is don by them to the next Generall Courte, and that Capt Willard shall give notice to the seuerall persons concerned heere- in together in convcnjent time.
In answer to the peticon of Thomas Truslar, of Salem, for the rcmlttment of the fine imposed on him by the lawe, for neglecting the sealing the weights and measures in the time the lawe jircscribcs, the Courte graunt the petition- ers request, and remitts his fine.
In ans'' to the petition of Mchlttabell Gallop and Edmond Jackson, fibr power to make sale of halfe or all the mill at Hlugham, made ouer to them for the releife and bencfitt of the wife and children of Thomas Joy, the Courte graunts the petitioners req^uest, viz., power to sell the whole or halfe the mill, as is desked.
THE MASSACHUSETTS BAY" IN NEW ENGLAND. 33
*Hugh Calkin, at his request, having extraordinary occasions, is dismist 1 G i) 0. from ffuithcr attendance on the ser\dce of the Courte for this sessions. ' > '
In the triall of the case betwene M' Thomas Jones and M"' Jolni Wise- r*o() -, wall, on the behalfo of the schoole of Dorchester, and M' John Thompson, Hn-h Caikins resDectins the title of the iland called Thompsons Hand, the Courte, on the he-ar- , "", "'''" ' ,
in i- ' Judgment of
ing of the case, and examining the evidences brought by both partjes, judged the Courte iu
1 • 1 • 1 Ml i* 1*1 Thompsons
right to belong to John Thompson, and gave him his bill of costs, which was case. three pounds seven shillings and slxe pence, against the tounc of Dorchester.
In answer to the petition of Ricliard Champnjes and Goiilden Moore, Answer to and his wife, the relict of John Champnies, deceased, desiring power to sell champnies pe- the bowse and land of John Champnje deceased, being out of repairc, ffor the *'''""• necessary supply of the widdow and children of the sajd John Chami)njc, the Courte heereby graunts power to Richard Champnies and John Bridg, of C"am- bridge, to make sale of the howse and land mentioned in the petition, provided they give cautiorv to the County Courte of that shicre to be respous;dl tliat it be disposed of for the vse and behoofe of the woman and her children, ac- cording to the intent of John Champnies, deceased.
In answer to the pictition of Edmond and Susanna Yeomans for a re- Ans' to Ed- mitting the fine of five pounds imposed on them for selling of bccre without ^^ Yeomans license, the Courte accepts of their acknouledgment, and remitts their fine, pctit'oa- they paying tenn shillings for their petition.
In answer to the petition of M" Elizabeth Cole, wjddow, for some reliefe Ans' to m™ in liir sicke and weake condition, the Court thinkes meete to give the peti- ""^^ P*^ ' '""* tioner twenty pounds, to be pajd by the Treasurer out of the countrje rate.
In ans"" to the request of Zacheus Gould and William Howard, in the be- Top&feild pow halfe of Topsfeild, the Court doth graunt that Topsfeild shall from henceforth be a toune, and have power within themselves to order all civill affiijres, as other tonnes have.
In answer to the petition of William Torrey, requesting Slatt Iland of AnsnoLeft. the Coiut, the Courte thinkes meete to graunt the sajd Slatt Iland to the sajd y^^ ^ William Torrey, in consideration of his entring the orders of Courte for two or three Courts, not yott eiitred in the Deputjes booke, so as he dc doe it in one yeare next coming, and perfect the sajd booke so farr as he cann, provided the iland be not expresly graunted to any other, and also that it be free for any man to make vse of the Slatt.
*In answer to the petition of iMargeiy Osgood, of Ipswich, widdow, desir- [*30.] ing that some sequall order maybe determined by this Courte concerning the ^ "g's'oo^'^De^ estate of Christopher Osgood, her late husband, that her setfe and children titiou. maybe most comfortably provided for as the estate will aflbard, the Courte-
VOL. IV. PART I. 5
18 October.
4 THE RECOKDS OF THE COLONY OF
1 G 50. doth order, that the whole buisnes in her petition be referred vnto M'' Samuell Symonds, Majo'' Daniell Dennison, and M'' John Norton, to putt an issew there- vnto, keeping as neere vnto the will of the sajd Clii-istopher Osgood as maybe. Ans' to Zacka- In answer to the petition of Zackary Phillips for a childs portion out of
tition. the estate of ISI"" William Skipper, deceased, in the behalfe of his child he
had by Mary, his late wife, daughter to the sajd W"^ Skipjier, the Courte con- ceaves the will affixed to his peticon is no will, and judge it meete to grauut power' of administration to M'' Cotton and ^P Thomas Cobbett for the dis- posing of the estate therein mentioned. Ans' to M' In answer to M"^ W™ Bradford, GoQno'', of Plimouth, his letter to this
Bradfords let- r t i • i ■ i • /^
tgf_ Courte, w*" the consent oi the Asistants there, respecting this Courts resigna-
tion of Shauwamett, the Courte is willing to reassigne it to Pimaith, according to the coiTiissioners advice, and that William Arnold and the rest of the English be sent vnto, to give their consent, for themselves and the Indjans, as formerly.
Ans' to M' In answer to INI"^ Nicolas Eastons letter, the Courte retournes the same
answer as to INI'' Bradford, with this addition, that a letter be written to to Eoade Hand, that they forbeare all acts of jurisdiccon oucr Shawwamett in the meane time.
Ans' to W" In answer to a letter of William Arnold, the Courte retournes the same
answer as to ISI"" Bradford, and that a letter be writt to them, to give their
, consent for themselves and the Indjans, as formerly, to submitt themselves to
Plimouth jurisdiction, so as they protect them, and performe the engagements
of this Courte vnto them.
Lef Torrey Att the request of the toune of Weimouth, Lef ' William Torrey is ap-
c ar coy pointed clarke of the writts there.
Comittee to There being a necessity of some man to be appointed that may gather in
vi'utnci's^ " ^'^"^ ^^^^ vj)poii such as have had licenses to sell wine, to make satisfaction for what is dew to the country with respect therevnto, itt is ordered, that power be heereby gi\en to the Treasurer to call vppon such as are yett behind, and to receave what is due from them, and for the time to come, that fuithcr power be given vnto jNI'' Richard Russell, M' Anthony Stoddard, and M'' Frauncis Norton, or any tw^o of them, to be a standing coiiiittee to make composition with any vintners, in the behalfe of the country, that shall present themselves, vntil the Courte shall take further order thereabouts. r*3l.] *Itt is ordered, that M' Anthony Stoddard and M'' John Johnson, sur-
Coffiittee tore- vejor geiinerall, shall heereby be impowred to agree and compound with any
pajre the n< ■ , it -i • iii,-
prisou. man or men suincjently to amend and repajrc tlie prison, and to doe what is
requisite thereabouts, and that pajinent be made for what shall be expended for the effecting thereof, out of the countrjc rate of Boston.
THE MASSACHUSI<;TT,S BAY IN NEW ENGLAND. 35
The Courte, considering the good service of Capt Humphry Atherton, a 1 (J 5 0.
sargeant, with the twenty soukljcrs and two men that wajted on the horse in ^~ '^ ^ 1 T • 1 -vT • 1 • 111 • 1 « rt 18 October.
the expedition to the JNarragansett, judge it mectc to allow the sajd capt, for „ .... his pajnes, tenn pounds, the sargeant ffiffty shiUings, the twenty men, besides recompcncc. their djett ffor ffiftteene dajes, two shillings for each day, apeece, which is thirty pound, and for the two men one shilling sixepence a day, v/"^^ comes to fForty five shillings, and all to be pajdc them out of the peage at sixe a penny.
Itt is ordered, that the two Narragansett Indjans that heljit to bring the 2 coats peage shall have two coates given them for their pajnes. Narrajtansetts
For resolution of a qua;stion propounded to the Courte, whether, if sou- Resolution of
„ „ , . , , .a quest, con-
erall men remoovc Irom one plantation to another, such psons so rcmooving cemiu^pow- may challenge an interest in the stock of ponder and other ainunition by lawe ■"■ to be provided in each townc, and to have their proportion out of the same, the Courte resolves the question on the negative.
This Courte, finding vppoii the retourne of the coiiiittee for the Treas- Treasurers nrers and audito'^s accoumpts, that the countrje is indebted to the Treasurer thirty eight pounds ffiftteene shillings and seven pence, and that there is dew and owing vnto the countrje a soiiie of one hundred twenty fowcr pounds tcnn shillings and eight pence, as by the particulars heereafter mentioned doth appeare, in consideration of the good service of M' Richard Russell, in the place of Treasurer, for about five yeeres past, and some losse in goods taken for fines, and not putt to accompt, doc order, that the sajd M' Russell shall rc- couer and receave to his owne propper vse the sajd hundred twenty fewer pounds tenu shillings eight pence, acquitting the countrje of the thirty eia;ht pounds ffiffteene shillings and seven pence ; so that which remajnes to the Treasurer is eighty five pounds ffiftteene shillings and a penny. The particu- lars are as in the originall appeares.
*Itt is ordered, that the two hundred pounds formerly graunted vnto [*32.] Joshua Winthrop, the youngest child of John Winthrop, Esquier, lately de- t-'ountrjes gr.i-
tujtjcto
ceased, shall be recorded in the Courte records, which is donne hereby. Joshua Wiu-
Itt is ordered, that the interpretation of the lawe 283, concernning the estlomic'tT greater narte of the Magistrates and the greater parte of the Deiju'", are to be J"'"> ^^ '"■ vnderstood of the greatest noumber of those that are present and vote. deceased.
Itt is ordered, that Richard Bellingham, Esquier, the secretary, and M^ The vote of y»
' o ' J. ." -I major pte to be
Hills, or any two of them, are appointed a comittee to take order for the vnderstood of
1 • 1 T • i- 11 1 • • those present.
printing the lawes agreed vppon to be printed, to determine oi all things in p^^_., , reference therevnto, agreeing with the president ftbr the printing of them print u.eUHra. withall expedition, and to allow the title if there be cawse.
Itt is ordered, that Boston shall be allowed annually out of the countrjes
3G
THE EECORDS OP THE COLONY OP
1650.
IS October. Courts graunt of ponder to Boston & Charles Toune, for salute, &^- \V'ainpani peagc currant at 8 a l"", white, & 1 a l'>,blackc.
26 October.
Ans' to Jn*
Palmers re- quest. Y" should haue binn recorded m May, 16o0, but was for- gotten. Vide file.
store one barrell of pouder, Vf"^ shallbe deliuered to such as the major gen- nerall shall appoint to receave it, so as they salute euery shippe that saluts the toune ; and further, that Charlestoune, euery two yeeres, shall have on the same termes one barrell of pouder, deliuered to such as Majo"^ Sedjuke shall appointe to receave it.
Itt is ordered, that wampam peage, ffiffteene dajes after this present sessions of Courte, shall passe currant in pajment of debts to the vallew of forty shil- lings, the white at eight a penny, and the blacke at fewer, so as they be entire, without breaches or deforming spotts, except in pajment of countrje rates to the Treasurer, which no towne nor person may doe, nor he accept thereof, from time to time.
26 S""", 1650. The Courte was dissolved.
The Court, on the survey of a certajne writting, that Thomas Nelson, of Rowley, hath constituted M' Richard Dumer, and impowred him as his lawful! attourney for the disposing of his estate, as by y* said writting more fully appeares, upon the request of Jn° Palmer, of Ro-wley, this Court doth de- clare, that the power so given & coinitted vnto Til' Dumer is goode according to lawe, and that he may act therein w"'out any further confirmation of the
1G51.
7 May.
[*33.]
*^tt a Generall Courte of Eleccons, held at Boston, T"' May,
1651.
JOHN ENDECOTT, Esf>, was chosen Gouerno'-, and tooke his oath accordingly. Thomas Dudley, Es^, was chosen Dep' Gouerno'", and tookc his oath. Richard Bellingham, EsqJ, Increase Nowell, Gent, Simon Bradstreete, Gent, Thomas Flynt, Gen?, W-" Hibbjns, Genl, Samuell Sjraonds, Gent, Cap? Rofet Bridges, Gen?, Frauncis Willoughby, Gen?, Cap? Thomas Wiggin, Gen?, Edward Gibbons, Gen?,
Simon Bradstreete «&]
C t W"» H tl I ^^^^ chosen Comissioners for the Vnited CoUonjes.
were chosen Asistants.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 37
Major Dan Dennison, 3,
Rich Bellingham, Es^, 4,
Echvarcl Eawson, Gen?, was chosen Secretary.
Richard Russell, Gen?, was chosen Treasurer.
were nextly chosen Comissioners to supply in 1 G .5 1 . case of thejr fajling.
■ — Y —
7 May.
The names of the Deputjes retoumed from the seuerall tonnes to serve at this Gennerall Courte were, —
Salem : Gap? W"" Hauthorne & M' Henry Bartholmew.
Charles Toune : M"^ Rich Russell, Tres^, & Ralfe Mousall.
Dorchester : M'^ John Glouer & Cap? Humph Atherton.
Boston : Cap? John Leuerett & M"' Thomas Clarke.
Eoxbury : M"" John Johnson, S'v' Gen", & M^ W"" Parks.
Water Toune : M' Rich Broune & John Sherman.
Lynne : M"' Thomas Lajghton.
Cambridge : Cap? Dan Gookin & M'^ Edward Jackson.
Ipsuich : Maj""' Dan Dennison & M'' John Whiple.
Newbery : Cap? "W™ Gerish.
Wejmouth : .John Holbrooke.
Hingham : Cap? John Allen & M"^ Jeremiah Houchin.
Concord : Cap? Sjmon Willard & M' Richard Griffin.
Dedham : Cap? Eljazer Lusher & Heniy Chickering.
Salisbuiy : M"^ Thomas Bradbury.
Hampton : Roger Shawe.
Rowley : Maximilljan Jewett & Joseph Jewett.
Braintree : Cap? W™ Tyng & Steven Kinsley.
Sudbury : Walter Hejmes.
Doner : ^
Glocester: Hugh Calkin.
Woobourne : Cap? Edward Johnson.
Wenham : Esdras Reade.
Hauerill : M-- Robt Cleoments.
Reading : W" Coudrey.
Springfcild : M'^ Henry Smith.
Maiden : M"^ Joseph Hills.
Andover : John Osgood.
•'o^
Cap? Dan Gookin, Speaker y' session.
*To the end that all publicke chardges may be oequally borne, and that [*34.] some may not be eased and other burdened, and being found by expeijence
38
THE KECORDS OF THE COLONY OF
1651.
7 May. Order y'recti- fjes assess- ments. Contra- dicentes : John Leverett, JeiT. Houchin, Tho. Clarke.
Encrease of y«
countrje rate.
Po-nalty for non psecution of appeales.
Order about associates.
[*35.]
Direccons in whose name to sue.
that visible estates in lands, corne, catle, are, according to order, 'wholy and fully taxed, but the estates of merchants, in the hands of neighbors, strain- gers, or their factors, are not so obvious to view, but, vppon search, title of their estates doe appeare, being of great vallew, so that the lawe doth not reach them by that rule of taxing visible estates, itt is therefore ordered and enacted by this Courte and the authoritje thereof, that all merchants, shop- keepers, and facto''' shall be assessed by the rule of coinon estimation, according to the will and doome of the assesso''-'* in such cases appointed, having regard to their stocke and estate, bee it presented to vcjw or not, in whose hands sooner it be, that such great estates as come yeerely into the countrje may beare their proportion in publicke chardges ; yett if any find themselves oucr vallewed, if they cann make it appeare to the assesso"", they are to be eased by them ; if not, by the next County Courte.
This Conrte, taking into consideration the many engagements that lye vppon vs in respect of debts due, to be pajd to seuerall persons from the coun- trje, as also other necessary vnavojdable cxpences that are like to fall out this yeare, doe order, that for those ends and purposes above mentioned, there shall be levjed, this yeare ensuing, one rate and a halfe, viz., halfe as much more as in other yeares, to be levjed and pajd in after the vsuall manner provided by lawe.
Whereas it is found by experjcucc that it is an ordjnary thing for partjes to appeale from the sentence of inferior Courts, though they neuer in- tend to prosecute the same, but to stop execution for the present, and to ob- tajne such tcrmes of agreement as they desire, now, forasmuch as euery appeale doth reflect prejudice and chardge error vppon the Courte appealed from, vnder which it lyes till the case be heard and determined by the Courte appealed to, itt is therefore heereby ordered, that whosoeuer shall, after the ninth of July next, appeale from the sentence of any Courte, and not prosecute the same to effect according to lawe, shall, besides his bond to the partjc, for- feite to the countrje the some of forty shillings for euery such neglect.
The order made the last yeare about associates respecting the two countjes of Suffblke and Midlesex is heereby ordered to cease and be of no vse till the next session of this Couite, any lawe, custome, or vsage to the contrary not- withstanding ; and that such as have tviken their oathcs are declared heereby to be freed therefrom.
*Whereas in suits at lawe, many tjraes, such as doe prosecute the same in their oune names, in procuring the proces, intend and doe declare, in the name and in the behalfe of others, viz., as executors, administrators, assignes, attor- nejes, guardjans, agents, or the like, which is not only impropper, but tendeth
THE MASSACHUSETTS BAY IN NEW ENGLAND. 39
also to vncertajnty, for prerentjoii whereof the Courte ordereth, that from hence- 1651. forth the originall processe, whether svmons or attachments, shall expresse in ^ '^ ' whose name the plujutiflc sueth, whether in his oune name or as executor of the last will and testament of such a man, or administrator of the goods and chattells of such a man, who djed intestate, or assignee, attorny, or guardjan of such a nuui, or as agent of such a man, merchant, or the like ; or otherulse, if ex- ception be taken before the plaintiffe hath made his declaration, it shall be DirecCons in good, and he shallbe liable to pay costs. And whereas, tlu-ough vnskilfulnes ^^ ^^^ of some that make deeds and convejances of lands and howses, the worde Heire is often tjmes omitted when an estate of inhseritance is intended to be passed by the partjes, wherevppon questions and suits at lawe are apt to arise, for prevention whereof, for the the tjnie to come, this Courte ordereth, that in all deedes and convejances of howses and lands in this jurisdiccon, wherein an estate of inhEeritance is to passe, it shall be expressed in these words, or to the like effect, viz.. To have and to hold the sajd howse or lands, respectively, to the party or grauntee, his heires and assigncs, for euer ; or if it be an estate in tajle, then. To have and to hold, &c', to the party or grauntee, and to the heires of his body lawfully begotten, or to tiie heires males of his body lawfully begotten belweene him and such a one, his wife, or to have and to hold to the grauntee for terme of life, or for so many yeares ; provided, that this lawe shall DirecSons not include former deeds or conveiances, but to leave them in the same condition as they were in, or shallbe in, before this lawe taketh effect, which shallbe at the end of the next session of this Courte ; provided also, that this lawe shall not extend to howses or lands given by will or testament, or to any land graunt- cd, or to be graunted, by the freemen of a towne ; and this lawe being of con- cernment to be vnderstood of euery man, there shallbe speciall care for the publication thereof ; and to that end it shallbe distinctly reade by the counstable of each toune in their next toune meeting, after the end of the fifth month next ; also a coppy thereof shall be sett vppon the doore of their meeting howse, to continew fowerteene dajes ; and the grand jury shall inquier and present such as shall neglect the publication thereof, according to this order.
*For preventing the deceipt of any person in the packing of fish, beife, y [*36.]
and porke, to be putt to sajle in this and other jurisdictions, itt is therefore Lawe for pack- ing of goods & ordered by this Courte and the authoritje thereof, that in euery towne w"'in gageingof
this jurisdiccon where any such goods are packt vp for sale, the gager of that
toune, or of the toune wherein it is putt to sale, or shipt, shall see that it be
well and orderly perfourmed ; that is to say, beife and porke, the whole halfe
or quarter together, and so proportionably, that the best be not left out ; and
for fish, that they be packt all of one kinde, and that all caske so packt be full,
40
THE IIECOIIDS OF THE COLONY OF
Coop's.
Poenalty for dauncing.
[*37.]
Proclamation prohibiting trade w'** Bar- badoes, Ber- mudas, Vii- ginia, & Antego.
and sound, and well seasoned, setting his seale on all caske so packt, for which he shall receive of the owners, for so packing and sealing, fower shillings p tunne ; but if the gager doe only vejw them, and finde them good and suf- ficjent, he shall sett his seale vppon them, and have one shilling p tunne for so doing ; and if such goods so packt shall be putt to sale packt vp in caske without the gagers marke, he shall forfeite the sajd goods so put to sale, the one halfe to the informer, the other halfe to the countrje treasury. And ■whereas notw^standing the former lawe provided, tit Caske and Coopers, page the sixth, much damage is still sustajned by marchants and men of trade through the insufRcjencje and vndue assize of caske, itt is therefore further ordered by the authoritje of this Courte, that wheresoeuer any new caske ai-e found putt to sale, being defective either in workmanship, timber, or assize, as in that lawe is provided, vppon due proofe made before any one magistrate, the sajd caske shallbe forfeited to the informer, and the workeman for his de- fiuilt shall pay tenn shillings a tunn forthwith, to the use of the countrje, and so proportionable for all greater or lesser caske ; and becawse there maybe no neglect in the chojce of a gager to prevent the abuses exprest in this or any other lawe, itt is further ordered by the authorjtje aforesajd, that euery towne within this jurisdiccon wherein any caske are made shall yeerely make chojce of one fitt man for that worke and implojment, who, being presented by the counstable within one weeke after the chojce made, before any one magistrate, shall there take the oath belonging to his place, which if he shall refuse, he shall pay the soiiie of forty shillings, and another to be chosen in his roome ; as also the toune or counstable shall either of them suffer the like poenaltje for the neglect of this order, any other lawe, custome, or order to the contrary notwithstanding.
Whereas it is observed that there are many abuses and disorders by dancing in ordjnarjes, whether mixt or vnmixt, vppon marrjage of some persons, this Court doth order, that henceforward there shallbe no dancing vppon such occasion, or at other tjmes, in ordinarjes, vppon the pajne or pccnaltje of five shillings for euery person that shall so daunce in ordinarjes.
*Whereas this Courte hath taken notice of an act of the Parljament of England, bearing date October the 3"*, 1650, prohibiting trade with Bai-badoes, Virginea, Bermudaes, and Antego, itt is therefore ordered by this Courte and the authoritje thereof, that, after publication thereof, no cajjt, comander, master of shipp or other vessell, sajling from any port or harbor within this jurisdiccon, shall trade with any of the sajd jirohibited places of Barbadocs, Virginea, Ber- mudaes, or Antego, on poenaltje of forfeiture of shippe and goods vnto this commonwealth, vppon legall proofe and conviction thereof; this order to be
THE MASSACHUSETTS BAY IN NEW ENGLAND. 41
presently published by proclamatjon, and posting vp in Boston, Charles Tounc, 1651. and Salem, and to be of force vntill the compljance of the aforesajd places of ' '' ' Barbadoes, Virginea, Bermudaes, and Antego with the commonwealth of Eng- land, or that this Courte take further order therein.
Forasmuch as this Courte conceaves the old English coulo" now vsed by English col- the Parliament of England to be a necessaiy badge of distinction betwixt the ^"^^, ^^ "L^ ' English and other nations in all places of the world, till the state of England Castle. shall alter the same, which wee much desier, wee being of the same nation, hath therefore ordered, that the cap? of the Castle shall presently advance the aforesajd colours of England vppon the Castle, vppon all necessaiy occasions.
To the end our coiiiissioners for the Vnited CoUonjes maybe conveniently Comission" o£ supplyed w"" horses, attendants, and all other things necessary at such tjmes a^o^ance as they shall have occasion of travell vnto Pljmouth, Conecticott, and New- haven, and that troopers may not be discoiu-aged from that so behoofefuU and beneficiall service, itt is ordered by this Courte and the authoritje thereof, that henceforth om- coiiiissioners for the United CoUonjes shall provide and fur- nish themselves in all respects whatsoeuer, viz., of horse, furnitiu-e, attend- ants, and all other things to their ounc sattisfaction, for travell and expences Order for im- aforesajd, for which they shallbe allowed annually by the countrje twenty ^^^^f °°^' pounds to each coiiiissloner, that is to say, fForty pounds a yeare for all their repealed. expences, tjme, and travajles in and accompanying such their service aforesajd ; and the late order, now at the presse, for impressing of troopers horses is heereby repealed.
Whereas "the County Courts of Essex, vsually being kept at Salem, on Chajnge of the last third day in euery December hitherto, w"^"^ by experjence hath binn ^"""g ^^^ g"' found to troublesome and dengerous for the magistrates and country to attend ^^™' •" Essex. in regard of the season, itt is now ordered, that the County Courte in Essex, for the winter Courte, shall henceforth be yeerely kept on the last third day in Nouember.
"Whereas M"" John Elljott vndertooke to procure to the countrje tenn M- Elliotts dis- shillings from an Indjau for his fine for being drunke, y^ Indjan being dead, the Court releaseth and dischardgeth jNI"' Elliott from that his engagement.
*For explanation of some words in the printed lawe intituled Leather, [*.38.] viz., in that section in the margent entituled Searchers sworne their Duty, by Searchers of
leather, further
the words (Ijne the fowerth) to make search, and view within the ^cincts of power declared. their limitts, the Courte doth vnderstand and intend any howse, shop, or ware- house, or any other place where they conceave leather jUegally deUuered is likely to be found, whether wrought into shooes, bootes, or otherwise. Further, concerning those words in the sect on the margent, entitled Weil
VOL. IV. PART I. 6
42 THE KEC0RD3 OF THE COLONY OF
1651. tanned and drjed, pccualtj^, Ijne the fifth, (so much of his or their sajd leather, ' ' ' &&,) the Courte doth declare themselves to intend that whole hide, halfe hide, or other peece or peeces of leather, which are, or wherein is, one sixteenth parte iusufficjently wrought. Further, concerning the last words in that seel intituled Trjers of Leather sejzed, viz., except the party shall submitt before to then- judgements, the Courte determines to be meant the submission to the judge- ments of the searchers before the fower or sixe men be called. Farther, this Courte doth declare that the searchers of leather legally chosen and sworne, as the sajd lawe doth expresse, not xmly may execute their office, but by their oath and duty are bound therevnto ; and it is also heereby pvided, that neither searchers, sealers, or tanners shall cutt or mangle leather in or vppon the searching thereof more then is necessary. M'Matbewes Itt is ordered, that M' Marmaduke Mathewes shallbe warned & sviiioued
° ."coiJt ''° '^PPcare before this Court on the fifth day next in the morning, being the 15"' of this instant JSIay, to make answer to a bill psented to the ilagis'% w'''' con- cernes former and latter miscarrjages of his, before the Court goes on to any hearing thereabouts. Contradicen- M'' Mathewes appearing at the tjme appointed, there was declared to him
thorne John ' ^euerall passages which he deliuered in his sermons at Maiden, w"'', though
Leverett, Tho. j^g ouncd not, was proovcd on oath by John Hauthorne and Tho Line, about Clarke, Jerr. " _ _
Houchin, w* ofFence had bimi taken, to w'*' he gave in bis answer to the Courte, the
Stev Kinsley ' chardge and answer remajnlng on the file. After a full hearing & examining HenryBarthoi- j|jg same, the Courte declared, that, whereas M"' Marmaduke JNLxthewes hath,
mew, John
Holbrooke, formerly and latterly, given ofFence to magistrates and elde;-s, and many
Tho Bradbury bretheren, in some vusafe, if not vnsound, exj^ressions in his publicke teach- Joseph Hills, jjj„^ j^^(j^ ^g j(. ]^^tij Ijinii manifested to this Courte, hath not yett given sat-
John Sherman,
Eobt. Cc-im- tisfaction to those magistrates and elders that were apjiointed to receave sattis-
W»Coudrey faccou from him, since which tjme there have binn deliuered in his publicke
ministry other vnsafe and offensive expressions by him, whereby both magis*^,
ministers, and churches were occasioned to write to the church of JMalden to
advise them not to proceed to the ordination of INI'' Mathewes, whicli offences
taken against him were also made knowne to the sajd M"^ Mathewes, yett,
contrary to aU. advice, and the rule of Gods word, as also the peace of the
churches, the church of Maiden hath proceeded to the ordination of M''
Mathewes, — this Courte, therefore, taking into consideration the premisses and
[*39.] the daingerous consequences and effects that may *follow such jDroceedings,
Judgm'of doth order, that both the former and latter offences touchina; doctrinall points
Courte agamst o j ±
M'Matthewes. be first duely considered by M'' Sjmon Bradstreete, M'' Samuell Sjmons, Cap! W™ Hauthorne, Capt Edward Johnson, M"" John Glouer, Capt Eleazer Lusher,
THE MASSACHUSETTS BAY IN NEW ENGLAND. 43
Capl Dauicll Gookin, M" Richard Bro-niie, and Cap? Ilumphiy Atherton, on 1651. tlie eleventh of June next, at the Shipp in Boston ; and in case of difficulty, " ^ ^
7 May. the coiiiittee hath libci-ty to call in for helpe and advise from such of the
reuerend elders as they shall judge meete, and make retourne of their offence
against him, or sattisfaction from him be retourned to this Court at the next
session thereof. And touching the church of Maiden for offence in ordajning
him, (notwithstanding all advice formerly,) itt is ordered, that they answer
their offence the next sessions of this Courte. And as concerning M"'
Mathewes suffering himself to be ordajned, contrary to the rules of Gods
word, which should not have so proceeded, to the offence of magistrates, 21 May, 1651.
reuerend elders, and some churches, y^ Courte doth order that the sajd M""
Mathewes shall give sattisfaction to this session of this Court by an humble
acknowledging his sinne for his so proceeding, which if he refuse to doe, to
pay the some of tenn pounds within one month.
]\I'' Mathewes appearing, and not giving sattisfaction by an humble acknowledging of his sinne, &(?, itt was ordered, that the secretary should, within one month, give warrant to the marshall to levy on the goods of M'' Mathewes the some of tenn pounds, as his fine, according to the order of this Courte.
In answer to the peticon of Capt Daniell Gookin and IM"" Samuell Dan- Ans'toCapt. forth, executo''' to the last will and testament of M'^ Thomas Shephard, late of D^nfoftj, Cambridge, deceased, the Courte graunts their request, and doth approove and pf^ti^on- ratify their determination of a portion to Margarett, the relict of the sajd Thomas, in a deed & convejance to M' Johnathan Mitchell, now husband to the sajd Margarett, of the dwelling howse, yards, orchards, and seuen acres of land adjoyning thereto, formerly belonging to the sajd Thomas Shephard ; and further, the Courte gives them power to sell a parcell of land, formerly y® sajd Thomas Shephards, called Jones Hill, about uineteene ackers, so as they give securitje to the next County Courte at Cambridge, for the educating of 21 3 mo., 1651. the children, and paying them their portions at the tjme they shall attajne to their ages, as the will provides.
In answer to the peticon of Hermond Garrett, that the thowsand acres of Ans' to nor- land mortgaged to him by Jethro, the Indjan, at Assabeth Riuer, maybe lajd ^^^^^_ out to him by this Courts approbation, or that the mony he is out therevppon, with his chardges and forbearance, maybe ordered vuto him, the Courte judg- eth it meete to graunt that Capt Willard and LefE Edmond Goodenow shallbe, and is heereby, impowred to lay out the sajd thowsand acres of land to Har- mond Garrett, at Assabeth Riuer, aforesajd, in case neither Water Toune nor 22 3 mo., 1651 any of the depu" appeare once within one month to sattisfy the sajd Harmond
44 THE RECORDS OF THE COLONY OP
1651. Garrett what mony and chardges he hath binn out, w'^ forbearance for the
^ same.
r*An'i *^^^ ^® ordered, that the toune of Boston shall have, and heereby hath,
J their liberty to choose a new clarke of the writts, and present him to the
choose a new County Courte, after the next session of this Courte, at Boston, for confir-
clarke of y
writts. mation.
23 3mo. 1651. j^^ answer to the petition of Richard Parker, James Penn, and Willjam
IntcrGst to M"
Winthrop for Aspinwall, for consideratjon to be allowed to M'^ Winthi-op from the countrje, r ^™couX"e ^°^' *^^^ '''*^° hundred pounds the country gave to Joshua Winthropp, youngest to Joshua AVin- gonne to John Winthropp, Es^, deceased, from the tjme it was given and till it be pajd in, the Courte doth order, that the Treasurer shall pay vnto the sajd M" Winthropp after the rate of eight pounds p cen' for the tjme past, and so till the countrje shall pay in the sajd two hundred pounds. Ans' to M' In ans' to the petition of Thomas Gajner, the Courte graunts his request,
Gajnespeticon. ^.^^ ^^^^ orders, that j\I' W™ Aspinwall and M-^ Edward Bendall give in their accompts, and shew the grounds of their actings in sale of the shipp Planter, vppou their oathes, to the County Courte, that is now on adjournment. CaptHau- The Courte, considering the good service of Cap? W" Hauthorne \nito
thornes gratui- ^j^.^ countrje in soundrje respects, think meete, in answer to his petition, to graunt vnto him fower hundred ackers of land adjoyning or neere vnto the sixe hundred ackers graunted to M'' Downing, betweene Hampton and the rivers mouth of Piscataque, to be lajd out to him, at his oune chardge, by M' W"" Howard, of Topsfeild, and Roger Shawe, of Hampton, provided it frus- trates not any former graunt, nor ^judice any touneshipp or villadge that may be erected. Ans' to M' El- In ans' to the petition of M'^ Thomas Elbridge, the Courte conceaves the
bridge peticon. pg^jj jg^gj. jj^jj^ libertje to bring his action of revejw against the administrators
of M"' Robert Saltonstall, as in other cases. Ans'toM' In ans'' to the petition of M"' Thomas Gajner, itt is ordered, that the
tion""' ^^''" charty partje mentjoned in his peticon, which was cancelled, shall be accompt- ed good in lawe so farr forth as the petitioner, by virtue thereof, may revejw his acction agn' Capt W" Ting & M'' Valentjne Hill. ^
Who to keepe Itt is ordered, by the authoritje of this Courte, that W Samuell Simonds
f "court^""" ^^^ ^^' Thomas Wiggins shall have power, and are heereby desired, to keepe y^^^^- the County Courts in Norfolke for this yeare ensuing.
[*41.] *Itt is ordered, that Thomas Dudley, Es^), Richard Bellingham, Esf,
Comittee to jifr Increase Nowell, M"^ Willjam Hibbjns, or any three of them, ^vith Cap?
draw instruc- i t i ^ ~ t i.
cons for our Daniell Gookin, Capt Humphry Atherton, Capt Edward Johnson, Capt John comissioners. Lg^g^.g^^^ ^^p? W» Ting, and M' Joseph Hill, or any fower of them, shall be
THE MASSACnUSETTS BAY IN NEW ENGLAND. 45
a coinlttee to drawe vp instruccans for our honnord comissioners for their direccons against the time when the coinission" of all the collonjes shall meete, and this coiiiittee is to meete at the Shipp Taverne, 29 of August, the secre- tary giving notice thereof to the Dep' Gouerno"'.
Whereas seuerall deppositions were presented to the Court against M' M' Leaders Kichai-d Leader, itt is ordered, that M'' Leader shall forthwith be required to attend on the Gennerall Courte the 26"^ of this instant May, at one of the clocke in the afternoone, to give in liis answer thereto. At the tjme appointed, M' Leader made his appearance, heard the chardge that was brought against him, gave in his answer, denying what he was accused of; wherevppon the Court ordered, that Rich* Bellingham, Es^, M' John Glouer, Capt Edward Jolmson, Capt Eliazcr Lusher, Capt Dauiell Gookin, & Capt Hum- phry Atherton should be a coiiiittee to drawe vp the case about M' Leader, and make their retourne to the Courte, which they did. The Courte, approov- ing thereof, proceeded to censure, viz. : This Courte, having serjously con- sidered the evidences which hath binn given in against M'' Richard Leader, doe finde that, contrary to the lawe of God and the lawes heere established, he hath threatned, and in a high degree reproached and slaundered the Courts, magistrates, and gouernmcnt of this comou weale, and defamed the toune and church of Lynne, also affronted and reproached the counstable in the execu- Contradicen- tion of his ofEce, and doe therefore judge, for punnishment of his great offence, thome, John that he shall make acknowledgment of his offence vnto the Couite before the l-^""^"' '"«■
'- miah Houohin,
breaking vp thereof, when this Courte shall appoiute, and also give sufficjent Bozon Allen, securitje ffor his good abearing heereafter, and be fjned the some of ffiffty pounds, to be pajd before the next session of this Courte, towards the defray- ing of the chardge expended by the Courte in hearing the case ; but in case M'' Leaders acknowledgement doe not answer the Courts exjiectation in way of sattisfaccon for his offence, that then this Courte doth order, that M"' Leader shall pay to the publicke treasury, as a fine for his offences, the soiiie of two hundred pounds, to be pajd before the next session of this Courte.
M' Leader made & tendred his acknowledgment to the Court on SiJ"' of y' instant Jfay, and it was accepted of by the Court, which, w"' the e\-idences, remajne on the file.
Itt is ordered by this Courte, that whatsoeuer fine hath binn imposed vppon
M' Richard Leader by this Court for his miscarriages shall be secured by
bond or otherwise, and in the meane tjme that his person be responsall for
the fine.
r*42 1 *iP Richard Leader acknowledgeth himselfe to stand bound to the Gen- ■- "'J
_ M' Leaders re-
erall Court, in the some of one hundi-ed pounds, to pay the Treasurer fl!lffty cognizance.
46
THE RECOKDS OF THE COLONY OF
GoiJuo" gratu- itje.
Meadefeilds powers.
Ans' to Ar- nolds com- plajnt
Ans' to M' Ropers peti-
Jane Hawkins restrajnt cou- tincwed.
[*43.]
Ans' to M' Jo. Cutts pcticon.
John Haw- thorns license.
pounds, in pursuance of the judgement of this Court ; as also in flfTty pounds for his appearance at the next session of this Courte, as also in ffiffty pounds for his good behaviour towards the gouernment and people of this jurisdiccon whiles he remajnes in this collonje, till the next sessions of this Courte.
This Courte doth withall thankfullness acknowledge the good service of Thomas Dudley, Es^, the late honnored Gouerno% in respect of his great care and faithfulnes in the dischardge of that trust which was coinitted vnto him, and doe, in the behalfe of the countrje, render him harty thanks for the same, and desire his kind acceptance of one hundred niarkes, as a slender man- ifestation of their due respect vnto him, vntill the countrje be better enabled to declare the same, which hundred marks is heereby ordered to be pajd vnto him out of the next countrje levje.
Itt is ordered, that Meadefeild, in the county of SufFolke, shall and heei'e- by hath grauuted vnto them all the power and priviledges which other tounes doe enjoy, according to lawe.
In ans'' to a complainte of W" Arnold, Robert Coles, W™ Carpenter, in the name of the rest of their neighbo" at Patuxit, in their letter sent to the Gouerno'^, to be coiiiunicated to this Courte, complajning of injury threatned them by their neighbo" of Providence, itt is ordered, that a letter be sent to M"" Roger W™^ in the name of this Courte, declaring to him that if him- selfe, or the sergeant, or officer of Providence shall proceed to molest any of the aforesajd English vnder our jurisdiccon at Shauwatnctt, or take away ought from them, or any of them, by rates or otherwise, this Courte intends to seeke sattisHiction for the same of such, and in such manner as God shall putt op- pertunitjes into their liands. A letter was written accordingly, which remajnes on the file.
In ans'' to the peticons of jSl"' Henry Roper, complayning against M'^ Thomas Broune, the Court j udgeth it meete to referr the peticoner to take his course in lawe against the sajd Thomas Broune, and that att the County Coru't at Boston that is now on adjournment, if he will.
In answer to the peticon of James, Thomas, and Job Hawkins for liberty for their mother to retourne and live in this jurisdiccon, the Court, not knowing how to sattisfy themselves about hir, cannot give way to hir coming to live in this jurisdiccon.
*In ans'' to the peticon of M'' John Cutts, itt is ordered, that the County Courte at Boston, now adjourned, should heare and determine the case be- twecne him and Isl' Sampson Lane, in reference to the damage donne him by the sajd Sampson Lane.
In ans'' to the peticon of John Hawthorne, this Courte j udgeth it meete
THE MASSACHUSETTS BAY IN NEW ENGLAND. 47
to encourage and appointe him, the sajd John Hawthorne, to goe on and keepe 1 G 5 1. the ordjnary at Maklen. ' y '
Whereas in the yeare 1644 there was lent by this Court two great gunnes " "''
•' J o b Capt. Kcajne,
to the owners of M'' Bridecakes shipp, which vppon a just vallew appeares to Capt. Tins, &
Jo. Milam to
bo worth favetcene ])ounds, which sajd gunns have not hitherto biun retourned, pay 15" to M' nor any thing allowed in consideration thereof, this Courte doth therefore order, •'""""^ '^'' ' ""^
•' ^ ' ' yc survcjor, for
that the owners of the sajd shippe, Capt Robert Keajne, Capt AV"" Ting, and agvinnsofy
countrje.
John Milam, them or cither of them, shall pay to M"^ James Oliuer, or the survejo'' genncrall, M'' John Johnson, the aforesajd some of fiveteene pounds 26 3mo, 51. "within fowerteene dajes after the date hereof, in iron or otherwise, to their or either of their sattisfaccon, for the vse and behoofe of the countrje.
Ill ans' to the request of the toune of Hingham, itt is ordered, that M'' Hingham mil- Bozoone Allen shall be their captajne, and Joshua Hubbard their Icfteniint. ' "^ "
In ans"^ to the request of the toune of Newbery, itt is ordered, that M'^ Newbery mil- W"" Gerrish shall be their captajne, and John Pike their leftennant, and- that ""^ " the sajd toune shall goe to a new eleccon for an ensigne, when they see meete.
In ans' to the petition of Samuell Hosier, Charles Chattocke, &(3, of Water Tounes
TTr c 1 • • r 1 n 1^ n* !• 1 fi"^ remitted.
VVatertouue, tor the remitting 01 the nne 01 nower pounds imposed on them by Cambridge Courte, for want of weights and measures, the Court being sattisfjed that they did their indeavo" to furnish themselves therewith as the lawe requires, and that they are fl'urnished with the same, doe remitt their sajd fine.
INIary Parsons, wife to Hugh Parsons, of Springfeild, being coinitted to 13 3mo, 1651. prison for suspition of witchcraft, as also for murdering hir oune child, was this day called forth and indited for witchcraft : By the name of Mary Parsons, you are heere, before the Geunerall Court, chardged, in the name of this comon wealth, that, not having the feare of God before your eyes nor in your hart, being seduced by the divill, and yeilding to his malitious motion, about the end of February last, at Springfeild, to have familliarity, or consulted w"» a familljar spirrit, making a couenant w"' him, and have vsed diuerse divilish practises by witchcraft, to the hurt of the persons of Martha and Rebeckah Moxon, against the worde of God, and the lawes of this jurisdiccon, long since made and published. To which indictment she pleaded not guilty : all evidences brought in against hir being *heard and examined, the Court found the evi- [*44. ] dences were not sufficcent to proove hir a witch, and the''fore she was cleered in that respect. „ , ...
^ Order to bring
The Court, vnderstanding that 'Mary Parsons, now in prison accused for a ^^'"^^ Parsons
° ■' ^ to a triall.
witch, is likely, through weaknes, to dye before trjall if it be deferred, doe 8: 3; 51.
48 THE RECOKDS OP THE COLONY OF
16 51. order, that on the morrow, by eight of the clock in the morning, she be brought ' ' ^ before, and tried by, the Generall Courtc, the rather that M'' Pinchon maybe
8 May. . . . " . . ,
present to give his testimony in the case. 13 3 mo, 1G.51. At the same time she was indicted for murdering hir chikl, by the name
of Mary Parsons : Yo" are heere before the Generall Court, chardged, in the name of this coinon-wealth, that, not having the feare of God before your eyes nor in your harte, being seduced by the divill, and yeilding to his instigations and the wickednes of yo' oune harte, about the beginning of March last, in Springfield, in or neere your oune howse, did wilfully and most wickedly murder your oune child, against the word of God, and the lawes of this juiisdiccbn, long since made and published. To which she acknowledged hir selfelfe guilty. Sentence agn' The Court, finding hir guilty of murder by hir oune confession, &6,
she was re- ' pi'oceeded to judgement : Yo" shall be carrjed from this place to the place from pnved to 29 of -^yhence yo" came, and from thence to the place of execution, and there hang till yo" be dead.
M"^ \yni Pinchon, being suiiioned to appeare before the Gennerall Courte according to their order, the last session, made his appearance before the Court, and being demaunded whether that booke which goes vnder his name, and then presented to him, was his or not, he ans^yered for the substance of the booke, he ouned it to be his.
Wherevppon the Courte, out of their tender respect to him, ofiered him liberty to conferr w'^'all the reuereud elders now present, or such of them as he should desire and choose. At last he tooke it into consideration, and re- tourned his mind at the p>sent in writing, vnder his hand, viz. : According to the Courts advice, I have conferred w"" the Reuerend IsV Cotton, M'' Norrice, and M'^ Norton, about some points of the greatest consequence in my booke, and I hope I have so explajned my meaning to them as to take of the worst construccon, and it hath pleased God to lett me see that I have not spoken in my booke so fully of the prize and merrit of Christs sufferings as I should have done ; for in my booke I call them but trjalls of his obedjence, yett in- tending thereby to amplifie and exalt the mediatorjall obedjence of Christ as the only merritorjous price of mans redemption. But now at present I am much incljned to thinke that his sufferings were appointed by God for a farther end, namely, as the due punnishment of oui- sins by way of sattisfaccbn to divine justice for mans redemption.
Subscribed, yo"" humble servant in all dutifull respects,
WILLJAM PINCHON. Boston, 9 : S"", 1651.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 49
*The Comtc finding by M' Pinchons writing, given in to the Coiirtc, that 16 51.
through the blessing of God on the pajncs of the reuerend elders to convince ^ ~^
him of the errors in his bookc contajncd, that he is in a hopcfull way to give
[ 45. J good sattisfaction, and therefore, at his request, judge it mcete to graunt him
liberty, respecting the present troubles of his family, to retourne home some
day the next weeke, if he jilease, and that he shall have M'' Nortons answer to
his booke vp with him, to consider thereof, that so at the next session of this
Court, being the 14"^ of October next, he may give all due sattisfaccon as is
hoped for and desired, to which sessions he is hereby enjoyned to make his
personall appearance for that end.
Forasmuch as there is a present necessitje that some care be taken re- M' Smiths specting the case of Springfeild, they being at present destitute of any magis- ''''°"^'*'°°- trate or others to putt issew to such cawses and differences as shall or may arise amongst them, vppon their request, itt is ordered by this Courte and the authoritje thereof, that M"' Henry Smitli, of Springfeild, aforesajd, for this yeare ensuinge, or till the Courte shall take further order, shall heereby have full power and authoritje to gouerne the inhabitants of Springfeild, and to hear and determine all cases and offences, both civill and criminall, that reach not life, Ijmbe, or bannislunent, according to the lawes heere established ; provided that, in matters of weight or difficulty, it shall be lawfull for any partje to ap- peale to the Courte of Asistants, at Boston, so as they prosecute the same according to the order of this Courte ; provided also, that their trjalls be by the oathes of six men, if twelve cannot be had for that service ; and the sajd M"^ Smitli hath power to give oathes to such counstable or counstables as shallbe legally chosen, and to examine witnesses as any one magistrate may doe. This was deliuered to him, and he tooke his oath accordingly.
M"' Henry Smith, of Springfeild, being a member of this Courte, vppon M' Smiths his request, having vrgent occasions to retourne home, is dismist from further attendance on the service of this Courte for this session.
In answer to the pcticon of M"' Emanuell Dowiiig ffor the laying out liis M' Downings farme of sixe hundred ackers of land, formerly graunted him by this Courte, ^^^ j^ ,j ^^j in sattisfaccon of fiffty pounds heretofore pajd & lajd out by liim for the coun- try, itt is ordered, that the sajd six hundred ackers of land be lajd out to liim by M' W" Howard, of Topsfeild, and Eoger Shawe, of Hampton, betwene Hampton and the rivers mouth of Pascataq,, at the chardge of the sajd M"' Downing, provided the sajd land specifjed heerein be not formerly graunted, and that it be not fjudiciall to any plantation, toune, or village that heere- after may be errected.
*In answer to the petition of M' Thomas Makepeace, desiring that power [*'i6.]
VOL. IV. PART I. 7
50
THE KECORDS OF THE COLONY OF
1651.
13 May. Ans' to M'- Makepeace petiuon.
Ans'toM'Sam. Oliuers peti-
Comittee to lay out Hampton bounds.
Capt. of the Castle allow-
[*47.J
Treasurers gratuity, &c.
may be conferred on him for the making good y'' sale of a parcell of land ly- ing at Braintree, left by M'' Olliuer Mellowes, as a portion for five of his chil- dren, to any chapman that shall p'sent, and that John Mellowes might have two of the sajd childrens portions into his hand, he giving security to y" County Court for the same, till the children come of age and shall dischardge him, as the sajd Thomas Makepeace is to doe for the other two cliildrens por- tions, &S, the Court judgeth it meete to graunt the peticoner his request, and doth impower them heereby accordingly.
In ans"^ to the petition of M"' Samuell Oliuer, craving allowance for his medicuie and pajnes expended on M''^ Elizabeth Cole, which came to eight pounds fowerteene shillings, hir estate being too lowe to beare it, the Court judgeth it meete to graunt the peticbners request, and orders that he be al- lowed the some of eight jjounds fowerteene shillings out of the next coimtry levye by the Treasurer.
Itt is ordered by this Court, that M' Samuell "Winslow, M' W"" Pajne, M"^ Samuell Hall, and M' Thomas Bradbury, or any three of them, shall be coinissioners to lay out the northcrmost Ijne of Hampton, toward Pascataq, Eiuer.
This Court, vppon good information, vnderstanding that the capt of the Castle, at his oune chardge, purchast for the service of the Castle sixe mur- therers, two boates, and a druiiie, which are to be inventorjed with the sur- vejor generall, as also hath repajred some carriages, and more is to be donne in respect of hutts, to the vallew of twenty pounds or thereabouts, all which should have binn donne and majntajned at the chardge of the countrje, and be left in good repajre at the end of the tenne yeeres agreed vppon by the ' toimes, — now, in consideration of the chardge above mentioned, lajd out, and to be lajd out, by the sajd captaine of the Castle, this Courte doth order, that the sajd Capt Richard Davenport shall have allowed him that thu'ty pounds a yeere which hath binn reserved out of the hundred and ffiffty pounds a yeere allowed when the garrison was suppljed with more men ; provided, that the sajd cajitajne majntajne and keepe in good repajre those things above men- tioned, at his own propper costs and chardge, vntill the expiration of the sajd tenn yeeres, when he shall deliuer the same to whom the countrje shall ap- pointe, and this to beginn from the eight of the eighth month, 1648, and so to continew vntill the Courte take further order.
*In ans'' to the petition of M'' Richard Russell for allowance for his losse in the late lawe books, w""'' was occasioned by the Courts alteracon of some things therein, &6, itt is ordered, that, in consideration of those losses men- tioned in the pcticon, and other that he hath lately sustajued, he shall have dlowed him twenty pounds out of the next rate.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 51
Whereas there was dew to the couiitrje, from the inhabitants of Charles 1 G 5 1 .
Toune which had their howses bui-nt, the soiTie of seven pounds sixteene shil- "^ * '
lings, or thereabouts, for their countrje rate, this Courte, in consideration of ... '
their great losse, doe order, that the foresajd soine of seven pounds sixteene 7" to Charles
Toune.
shiUings shall be remitted.
In ans' to the petition of INIary Long, of Dorchester, this Courte declares, Ans' to Mary that there cann come no damage to any magistrate or other appointed by lawe that shall marry the sajd Mary, so as shee be three tjmes published, as the lawe requires.
lu ans' to the petition of Josejih Armitage ffor an abatement of a fiue of Ans' to Joseph five pounds, imposed on him for not acquainting the counstablc of a psons j." '^^^ being druncke in his company, as the lawe requires, the Courte sees no cawse to abate the petitioner any part of that fine.
In ans'' to the peticon of John Hajden, of Brajntrje, craving some re- John Hejdens lease, itt is ordered, (in regard of the great affliccon of God that Ijes vppon ^''"'5' the petitioner in regard of his child, as also liis late losse of a cowe, being halfe his estate,) that he shall be yeerely allowed, out of the countrje levy that issues out of that toune, the soinc of five pounds towards the chardge of keep- ing the child, & the touue is to allow the rest ; and this till the Courte see cawse to w"'drawe their benevolence.
In answer to the petition of Richard Carter, desiring sattisfaccon of M'^ Ans'to Richard Saunders for caiTying his wife to England after he forbad him, itt is ordered, ^^^ the petitioner may have liis cawse trjed at the next adjournment of the County Cotu't in Boston.
In answer to the petition of George Muiiings, for the reparation of the Ans' to George prison howse and what is necessary thereabout, itt is ordered, that Capt Jn" pg^jj,,,^ Leverett, M"^ Thomas Clarke, Capt Edward Johnson, the survejo"" gennerall, and Ralfe Mouseall, or any three of them, shall be comissioners to procure the same effectually and sufficiently to be doune ; and whereas Caj)? John Leueret, M' Clai-ke, and the Treasiu'er have engaged themselves to disburse so much pay as shall accomplish the sajd worke, itt is further ordered, that, in confidence thereof, they shall receave out of the publicke treasury so much as they shall disburse beforehand out of the next countrje rate, with two shil- lings in a pounds allowance, provided the worke be donne before the next sessions of this Courte. r»48 ]
*In answer to the peticon of John Johnson and W"" Parkes, of Eoxbury, Ans' to Jo. ouerseeres to the last will and testament of Captajne Joseph "Weld, late of Eox- p^^j^^ f,,^ ^q^. buiy, aforesajd, desiiinge that the howse and lands, orchard, garden, barnes, firmation of
howse & land
and eighteene ackers of vpland and meadowe to the same belonging, as it lyes toM'Stoddaid.
62
THE RECOKDS OP THE COLONY OP
Ans' to Jn" Ottis petition.
Ans' to Elias
Parkmans
petition.
Ans' to W»
Phillips
petition.
Comittee to lay out Haverill bounds.
GeoTg Indian.
[*49.]
Day of humilli- ation, 18 June.
scittuate and being in Eoxbuiy, may be confirmed to Anthony Stoddard and his heires foreuer, so as the sajd Anthony Stoddard gives in seciu-ity to the County Court, now on adjournment, and to the sajd ouerseers, to both tlieir content, to ■pa.j vnto Daniell, Sarah, and Marah, as they shall attajne vnto their respective ages, the some of fifFty pounds a peece in currant pay, or to the survivo"' or survivo""^ of them the some of one hundred and fifFty pounds, keeping them at his oune chardge till they shall attajne their respective ages ; and, in case all the sajd children should dye before they come to age, then to pay what is justly dew to them, did they live, (by their fathers will and intent therein exprest,) to the first Avives children, — the Courte thinkes it meete to graunt the peticoners reqttest, and doe confirme the sajd howsc and land to the sajd Anthony Stoddard accordingly.
In ans' to the petition of John Ottis, desiring the fine imposed on him by the County Court at Boston for his vnworthy carrjagc and resistance of the counstable, the Coiu't determines he shall pay his whole fine.
In ans'' to the petition of Elias Parkeman, desiring sattisfaccbn for some wast in his goods, which suffered in the marshalls hand, vnder an attach- ment at the suite of Alexander Mom'oo, &d, the Court referrs the peticoner to take his course at law for his sattisfaccon.
In ans'^ to the petition of W'" Phillips, itt is ordered, that whatsoeucr is dew to the petitioner from the countrje shallbe pajd him out of the next coun- trje rate.
In ans"^ to the request of the inhabitants of Haverill for a new coiiiittee to be appointed to lay out their bounds, M'' Dumer and M'' Carleton, who formerly were appointed thereto, being now in England, the Courte graunts their request, and doth order, that Joseph Jewett, John Halsten, Robert Hal- sten, and W™ Widds, or any two of them, whereof Joseph Jewett to be one, shall lay out the bounds of Haverill, according to the graiint of this Coiu'te, before the next session of this Courte, to which they shall make their re- tourne.
In ans'' to the petition of George, the Indian at Lynn, this Courte referrs him to bring his accon in some inferior Court against any that withhold any land vnjustly from him.
*This Court, taking into consideration how farr Sathan prevajles amongst vs in respect of witchcrafts, as also by drawing away some from the truth to the profession and practize of straunge opinnions, and also considering the state and condition of England, Ireland, and Scotland, and the great things now in hand there, conceive it necessary that there be a day of humilliation throughout our jiuisdiccon in all the churches, and doe therefore desire and
13 May.
THE MASSACHUSETTS BAY IN NEW ENGLAND.
order, that the eightenth day of the fowerth moneth shallbe sett apart for that end and purpose, and that the depu'^ of the seucrall tonnes give notice to the seuerall elders of their churches of the Courts desire hecrcin.
Itt is ordered, that the retourne of the coiuissioners appointed by this Courte to settle the bounds betwixt Water Toune and Sudbury be entred amongst the Couit records at lardge, the Court approoving thereof.
The agreement of vs, the persons whose names are vnderwritten, being 9, 3»», 1651. deputed, authorised, and betrusted by the tounes of Water Toime and Sud- bury for the setling the division line betwixt the sajd tounes, as followeth, viz., doe consent and conclude, that —
The Ijue which was formerly by M'^ John Oliuer drawen in that place, Sudbury &
. Water Toune
and the same markes revised, about three yeeres since, in the presence oi some ij.„e agred on of each of the aforesajd tounes, coiiionly called the old Ijne, betwixt Water- toune and Sudbury, that the same Ijnc shall for euer stand, and be accompted the true partition Ijne and bounds dividing and ^ the extent of the lands of both the tounes aforesajd, which sajd Ijne is described as followeth : It be- ginning at the southward parte of Concord bounds, runneth thence thorough a great pjne swampe and one smale peece of meadow, and so to the vpland, and then to an angle betwixt two hills, where a trench is digged, the highest parte of the sajd hill being eastward, from which angle the Ijne runnes away south, about halfe a pointc westerly, which Ijne, from the beginning next Concord bounds to the angle aforesajd, is about ninety sixe rodd, and this southerly Ijne that runns fi-om the angle aforesajd vppon a streight Ijne, as it is now marked, having these remarkable places therein : one rocke, called Groutshead, and a stake by the carteway leading from Sudbiuy to Water Toune, and so to a pine hill, being short of a pond about eighty eight rod, att which pine hill Sudbury bounds end. Wittnes our hands, each of vs, in the behalf of the tounes enti'usting seuerally.
WALTER HAJME,
EDMOND RICE,
EDMOND GOODENOW,
THOMAS NOJCE,
JO: GROUT,
JOHN RUDDOCKE,
HUGH GRIFFIN, in behalf of Sudbury,
JOHN SHER]MAN, in the behalfe of AVater Toune.
*Wee, whose names are herevnto subscribed, being by order of the [ 50.]
54 THE RECORDS OP THE COLONY OP
IGol. Genn" Coiu-te, dated 18"^ of the 8"^ month, 1650, deputed and authorized to
' '' ' setle the bounds betwixt Water Towne and Sudbury, doe heereby declare, that
o „ r vppon the mcasurlna; of the niidle line of Water Towne bounds from the niect-
"Water Touue ing howse to the length of eight miles, being performed by Left Joshua Fisher,
bounds.
being by the Courte aforesajd appojnted therevnto, as also vppon seuerall other considerations, doe judge that the Ijne before expressed and described in the couenant and agreement betwixt the persons of both the aforesajd tounes, who have subscribed their names therevnto, is lajd out according to the Courts graunts formerly made to Water Toune, and doe therefore, for our j)arts, and according to the trust to vs coiiiitted, setle and determine the sajd Ijne to be 10, 2'>mo, 1651. the true Ijne of partition betwixt the sajd bounds of the sajd tounes in all respects, according as it is in their agreement expressed, and do fully concurr with them therein, as aforesajd, to be a finall end to all differences in or con- cerning the Ijne aforesajd forever.
Subscribed, SIMON WILLARD,
ELJAZER LUSHER, & EDWARD JACKSON.
2000 ackers Itt is ordered by this Courte, that Water Toune shall have two thousand
Water Toimo ^^ckers of land, lajd out necre Assabcth Riucr, joyning to the boiuids of Sud- bury, in respect of such land as was wanting to them, which was grauntcd them formerly by this Courte to be the bounds of their toune, and that C'apl Willard and Left Goodenow see this donne and performed, and make re- tourne thereof to the next session of this Court, provided it be not pjudiciall to any former graunts. Watertoune & The bounds betweene Water Toune and Concord is by those two tounes
bounds'^or hccreby acknowledged to be that which was lajd out by M"^ Jn° Oliver and acquiest, &c. ^\^q ^est appointed for that purpose, and the aforesajd tounes, by their depu- tjes, doe likewise acknowledge themselves to be justly sattisfyed in that re- spect, and therefore is recorded at their request amongst the Court records, by order of the Court. HuRh Caiuins Itt is Ordered, that Hugh Calkin, the deputy for the towne of Glocester,
smission. ^^ regard of his removall out of this jurisdiccon, shall be dismist from the service of this Courte, provided that the toune make chojce of another to suply his roome.
The Courte graunts liberty to Cuttshamakin to buy three pounds of shott, soe as he leaves the order where he buyes it. [*51.] *Whereas this Courte did, in the yeare 1646, give encoui-agement for an
assembly of the messengers of the churches, in a synod, holden at Cambridge,
THE MASSACHUSETTS BAY IN NEW ENGLAND. 55
and did desire their connsell and helpe for the drawing vp a confession of 1 G 5 1 . the faith and discipljne of our churches, according to the word of God, tliis "^^ '' ~^
13 Mav
Coiirte doth accompt itselfe obhged to acknowledge the piows zeale and labors ,
^ '-^ or ^ jjg^v meeting
of the assembly in that worke, which doth appeare by that di-aught of dis- of y° eMeis to
consider of v*
cipljne presented to the last Generall Coiirte for their approbation and allow- churches
ance, and by them coiiiended to the considei'ation of the seucrall churches in '^^'°"''"'^^-
this jurisdicctin, many of whom were pleased to present, to the last session of
the last Courte, by the deputjes of the seuerall tounes, seuerall objeccons
against the sajd confession of discipljne, or seuerall particulars therein, where-
vppon the Courte judged it convenjent, and conducing to peace, to forbeare
to give their approbation thereto, vnlesse such objeccons as were presented were
cleered and remooved ; fFor which purpose this Courte doth order the secritary Contradicen-
to drawe vp the sajd objections, or the principall of them, and to deliuer the ettTh« Clarke'
same to the Reuercud M'' Cotton, within one month, to be communicated to ^^'° "T'"?- •'"-
remy Houchin.
the elders of the seuerall churches, who are desired to meete and cleere the sajd doubts, or any other that maybe jmparted to them by any other person, concerning the sajd draught of discipline, and to retoiune their advice and helpe herein to the next session of this Generall Courte, which will be alwajes zealows, according to their duty, to give their testunony to eueiy truth of Jesus Christ, though they cannot sec light to impose any formes as necessary to be observed by the churches as a binding rule.
In ans"^ to the request of "VV™ Heath, of Eoxbury, being above sixty yeeres W"' Heath, ex- of age, the Court thinkes it meete to graunt that he shall henceforth be ex- !"? '"^ '^^
o ' o trajnxng.
empted from all traynnings.
In ans'^ to the petition of Christopher Collens, desiring the forfeiture of Christopher his bond of tenn pounds, in not legally j3>senting his appeale to effect, may ,°,™i',*° ^"'^ be remitted him, itt is ordered, that he should pay but fibwer pounds to the countrye. countije, the rest of his bond being remitted, and he releast from the sentence of Salem Court by his appeale.
In ans'' to the request of Capt W" Ting, itt is ordered, that twenty 20' allowed shillings shall be allowed him, and discomjited out of the ffiveteene pounds ,,.j^'^j "'^ dew to the countiy from him, Capt Keajne, and John Milam, for wood the Depu'^ had and burnt of his in 1644.
*In ans'' to the petition of M"^ Samuell Winsly, desiring a remittment of [*52.] the forfeiture of his bond for not psecuting an appeale to effect, according to ^l' "Winsly
fined 20» to y
law, the Coui't declares the forfeiture of the bond belongs to the partje, M'' count. Samuell Hall, and orders that the jietiooners shall pay, as a fine to the countrje, for his non appearance at the last Quarter Court to psecute his appeale, the some of twenty shillings.
13 May.
Differenc be
5G THE RECORDS OP THE COLONY OF
1651. Itt is ordered, that the difFereuce betweene Hingham and Scittuate, about
sixty ackers of meado-w', be referred to the consideration of tlie commissioners of the collonies, to whom it propperly belongs, to put an issue thereto. twecii' Hiiig- "Wliercas the majo"" gemierall having no power by his coiuission to issue
ham & Scittuat
reffered to forth his Warrant for the gemierall trajning of his regiment, without the con- , ° ' sent of the counsell of the coinonwealth, when he shall see good, which is no
Addition to the ' ° '
major genner- more then any one major of a regiment hath, this Court declares and orders,
alls coiuission. . n i n i . , _. . i • i •
that the majo"' geuneraii shall have power, in the couiission to be given liim,
to call his oune regiment once a yeere, if he see cawse to trajiie them, without
the consent of the counsell of the coinonwealth.
Ordered that Itt is Ordered, that the debt of twelve pounds odd money, dew to M'
12" &c be dis- Eatoii, GoQiio'' of New Haven jurisdiccon, at his request shallbe pajd to
chardged to Benjamin Gillum, by the Treasurer, of this next levy, to his content.
Ben. Gillum.
Gratuity to M' ^'^ ^^ ordered, that the Treasurer shall pay the servants of INt Phillips
PhiiUps 5cr- fforty shillings, as a reccompence for their attendance on and service to the
Court, as also tenn shillings to M'' Bellinghams servants for their paines.
M' Nortons Itt is ordered, that the thanks of this Courte be retourned to M"" John
gra ui J e. Norton for his worthy paines in his full answer to M'' Pinchons booke, which
at their desire he made, and since presented them with, and as a recompence
for his pajnes and good service therein, that the Treasurer pay him twenty
pounds out of the next levye.
[*53.] *The Courte having heard the whole cawse of difference betweene Jn°
Judgment m ]\Iilani, plaintiffe, and W" Francklin, defendant, ffor digging away apeece of
FrancliUn case, ground before his brother Humphry Milams howse, as it was trjed by way of
action at the County Courte, in Boston, 28 : ll"", 1650, that Court rejecting the
verdict of the jury, who found for Jolin Milam tenn pounds damages, and
tenn shillings and seven j^eiice costs, itt was ordered by the Gennerall Courte,
that William Franckljn should make the sajd landing place vp againe as good
as it was before he cutt it away, before the last of July next, which then was
twenty foote in length, and in breadth eight foote at one end, and about four-
teene at the other end, as it appeared to a coiiiittee to the Courts sattisiiiction,
that so Humphry Milam may enjoy liberty of landing goods according to cou-
enant, or else to forfeite to John Milam all the land that he, the sajd Franckljn,
hath, lying and being betweene the creeke and the ffront of Humphry Milams
howse, and howeucr to pay the costs of the Gen" Courte, which is twenty five
shilhngs.
The Courte is adjourned vntill the fowerteenth of October next, at noone.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 57
Mt the second Sessions of the Gennerall Courte of Electjons, held at 1651. Boston, the fowerteenth of October., 1651. ^ '
14 October.
WHEREAS, by favor of the most honnorable rarljament of England, or Powder im- councell of state, seuerall quantities of pouder and other aniuni- P"' " •"■ ^''-
J- •> i- ported m or
tion are yearely imported into this jmisdiccon for our necessary vse and de- out of this ju-
risdiucon to be
fence, now, to the end the favor wee receive may not be abused, nor ourselves tooke notice of. deprived of the just and necessary vse thereof, itt is heereby ordered and enacted, that all marchants or others that shall import into this jurisdiction either pouder, lead, bullets, shot, or any aiuunition whatsoeuer, shall give par- ticcular notice of the quantitje thereof to the publicke notary, vppon the pajne or poenaltje of forty pounds, within one month after the landing of such goods, who is heereby enjoyned to take particcular notice of the same, with the marke and uoumber, and faithfully to enter the same in a booke, and the names of the persons to whom they are sold or vnto whose custody or power they are coinittcd, that he may give accompt thereof, vppon oath, to the Gouernor, Deputy Gouernor, or any of the councell, from tjme to tjme ; and the sajd notarj- is hereby prohibitted, vppon the pajnc or pa?naltje of one *hundred [*54.'] pounds, to graunt certifEcats, to any merchant or other, of any such goods but such as he shall have particcular notice of and entrcd as aforesajd ; and to the end this order may be duely observed, and that no person may pleade igno- rance thereof, itt is heereby ordered, that the captajne of the Castle shall, vppon the arivall of any shipp or other vessell in the Massachusetts Bay, from any forraigne parts, give notice of the contents of this order to the master or marchant of any such vessells, and the coimstables of all other port tounes in this jurisdictjon are heereby enjoyned to doe the same.
Whereas this Courte did, in the yeare 1646, give encouragement for an synodbooka assembly of the messengers of the chm-ches in a synode, and did desire theire IPP"^"*^*''""- helj)e to drawe vp a confession of the faith and discipljne of the churches ac- cording to the word of God, which was presented to this Courte, and coiuended to the seuerall churches, many of whom retourned their approbatjon to the sajd draught in gennerall, and diucrse of the cliurches ^sented some objec- tjons and doubts against some particculars in the sajd draught, wherevppon, by order of this Courte, the sajd objections were coiiiended to the consideration of the elders, to be cleared and remoovcd, who have retoiu'ned their answer in writing, — the Courte, having pervsed the sajd answer, doe thankfully acknowl- edge their learned pajnes therein, accounting themselves called of God, espe- cially at this tjme, when the truth of Christ is so much opposed in the world,-
VOL. IV. PAKT I. 8
58
THE RECORDS OP THE COLONY OF
1651.
14 October. Trade with Barbadoes graunted on caution, &c.
[*55.]
Against daiiiage by Ewjne, &c.
Cap'" for troopes.
Countrjcs seale to be affixed. Gov seal.
to give their testimony to the sajd booke of discipljne, that for the substance thereof it is that wee have practised and doe behevo.
Whereas, by order of this Courte, bearing date tlie two and twentieth day of the third month, 1651, all trade with Berbadoes, Antego, Bermudaes, Vir- ginea, is prohibitted, and thereby all masters of shipps or smaller vessells are coiaianded to forbeare the transporting of any goodes or merchandise to the aforesajd places, as being in rebelljon against the coiiionwealth of England, vppon the poenahy of forfeiture of shippe and goods, since which tjme, having intel- ligence that the fleete vnder the coiiiaund of S' George Aiscue is sett forth by the Parljament for the reducing of the sajd Island of Berbadoes, and may proba- bly, by Gods blessing, have effected the same, and this Courte having re- ceived a petition from diners merchents and mariners *for libertje to sajle forth of these parts to the sajd prohibitted places, or some of them, giving in caution not to land any goodes in, or trade with, any the sajd places, except they be reduced to the obedjence of the coiSon-wealth of England, wherefore itt is ordered by this Courte and the authoritje thereof, that the Goflno'' or any two magistrates shall have power to graunt libertje to such as have or may desire to sajle forth hence to any of the aforesajd places, takeing sufficjent caution by bond of one or two thousand pounds starling, more 'or lesse, according to the burden of the shipp or valew of the cargo they shall sett forth withall.
Itt is ordered by this Courte and the authoritje thereof, that all fences against cornefeilds, meadow grounds, gardens, orchards, or jjastures, which are made of stone, pales, rajles, riuers, or creekes, or any other fences which are allowed by such men as are appointed in the seuerall tonnes to vjew fences, to be sufficjent against greate cattell ; all s\^jne breaking through such fences as afore- sajd shall be liable to make sattisfactjon for all damages, vppon due prooffe, as in other cases, any lawe or custome to the contrary notwithstanding.
Vj)pon a motion made to this Courte, in the bchalfe of the seuerall troopers within this jurisdiccon, itt is ordered, that libertje shall be graunted them to choose captajnes oner their seueral troopes, provided that they be such as shallbe allowed by this Courte, as captajnes of foote companjes are.
This Court conceives it both dishonnorable and troublesome that at all tjmes, even" when the most weighty occasions of the countrje are in hand, the Gouerno'' should affixe the seale of this colonje, as often as men have occasions, to letters of attornejes and certifficats, and yett have nothing for the same ; and therefore orders, that henceforth, ■\\hosoeuer shall procme the seale of this collonje to any certificat, letter of attorney, or comission, shall satisfy the present Gouernor for the tjme being, five shillings for affixing the seale afore- sajd, and attesting thereto vnder his hand.
14 October
THE MASSACHUSETTS BAY IN NEW ENGLAND. 59
To the end that no other but good and wholesome beerc be brewed at any 1 G 5 1 . tjme heereafter in tliis jurisdiction, to be sokl cither for the supplyes of shippes, or other smaller vessells at sea, or for the vse of travajlers or others, in ordjnarjes, and that no oppression or wrong be donne to any in this mis- teiy, itt is *ordered by this Courte and the authoritje thereof, that no person [*56.] whatsoeuer, after the publication thereof, shall vndertake the calling or worke Order for
[) r £ WGf s
of brewing bcere for sale, but only such as are knoune to have sufficjent skill and knowledge in the arte or mistery of a brewer ; and further, it is ordered by the authoritje aforesajd, that if any vndertaker for victualing of shipps, or other smaler vessells, for sea, or master, or owner, or any other shall make it appearc that any beere bought of any person within this jurisdiction doe proove vnfitt, vnwholesome, and vseless for their sea supply in that kinde, through the jnsufficjency of the malte, or brewing, or vnwholesome caske, the person wronged thereby shallbe, and is hereby, enabled to recouer sDquall and sufficjent damages by action against that person that put that beere to sale ; and forasmuch as within this jurisdictjon seuerall ordjnary keepers doe brew theire oune beere, itt is further ordered by the authoritje aforesajd, that all such as put beere to sale shallbe able to proove that they put into euery hogs- head of beere that they -sell for tlu-ee pence tbe quarte, into the brewing thereof, sixe bushells of good barly malte, and into euery hogshead of beere sold at two pence the quarte fower bushells of malte, and into euery hogs- head of beere sold at a peimy the quarte two bushells of like good malte, and so proportionably, in greater or smaller quantitjes ; and whosoeuer shall offend in fay ling in. any of these proportjons, by putting in lesse quantitje of malte, or selling beere at higher prises, shall forfeite for the first offence therein forty shillings, for the second offence therein shall forfeite their license, and that it shall be lawfull for euery ordjnary keeper to brew beere for sale of tkreepence the quarte, any lawe, custome, or vsage to the contrary notwithstanding.
Vppon information of diuers loose, vajne, and corrupt persons, both such To prevent
youths mis-
as come from forraigne parts, as also some others heere inhabiting or residing, carriage, which insinuate themselves into the ffellowshipp of the younge people of this countrje, drawing them, both by night and by day, from their caUings, stud- djes, honest occupations, and lodging places, to the great dishonnor of God, greife of their parents, masters, teachers, tvtors, guardjans, ouerseeres, and such like, itt is ordered by this Courte and the authoritje thereof, that who- soeuer shall henceforth any wajes cawse or suffer any yeonng people or per- sons whatsoeuer, whether children, servants, apprentices, schollars belonging to the coUedge, or any other Lattjn schoole, to spend any of thek time or es- tate, by night or day, in his or their *company, howse, shopp, shippe, or other [ 57. J
60
THE RECORDS OF THE COLONY OP
Jurors for Bpeciall courts.
Jiirors out of Midlesex.
[*58.]
Against ex- cesse in ap- pairell.
vessell, whether ordjnary, taverne, victualling howse, cellar, or other place where they liaue to doe, and shall not, from tjme to tjme, dischardge and has- ten all such youths to theire seuerall implojments and places of abode or lodging aforesajd, if their being in any such place be knoune to them, or any other servant or helpe in the familje, or supplying the place of a servant at sea or at land, that then such person, howse holder, shop keeper, shipmaster, ordinary keeper, taverner, victualler, or other, shall forfeite the soiiie of forty shillings vppon legall conviccon before any magistrate or others authorized to end smale cawses, one halfe to the jnformer, the other halfe to the countrje ; and all counstables in their seuerall jurisdictjons are also authorized to acta heerein as is provided in reference to the lawe of innkeepers.
AVhereas there have binn complaints made to this Courte, that, vppon the choice and suiuouing of jurjes for speciall Courts, there hath binn some jn- treilchments vppon the freemens libertjes, itt is therefore ordered by this Courte and the authoritje thereof, that the ordjnary course of the chojce of jurjes by the freemen shallbe attended in the chojce and suiSoning of juijes for speciall Courts, and no other way, in the places where the jurjes shallbe chosen and suiiioned.
There being seuerall of the inhabitants of the county of Suffolke having expressed themselves that they have suffered some wrong in regard the jurjes chosen to serve at the Courtes of Asistants are alwajes made chojce of out of the county of Suffolke, to trye such actions as ar# brought from all parts of the jurisdiction, wliich this Courte haveing considered of, doth order, that from henceforth all jurors shall be made choice of respectively out of the county of Midlesex also.
Although seuerall declaratjons and orders have binn made by this Courte against excesse in apparrell, both of men and weomen, wliich have not taken that effect as were to be desired, but, on the contrary, wee cannot but to our greife take notice that jntollerahle excesse and bravery hath crept in vppon vs, and especially amongst people of meane condition, to the dishonnor of God, the scandall of our profession, the consumption of estates, and alto- gether vnsuiteable to our pouertje ; and although wee acknowledge it to be a matter of much difficultje, *in regard of the blindnes of mens mindes and the stubbornes of their willcs, to sett downe exact rules to confjne all sorts of persons, yett wee cannot but account it our duty to coinend vnto all sortes of persons the sober and moderate vse of those blessings which, beyond expecta- tion, the Lord hath bin pleased to affoard vnto vs in this wildernes, and also to declare our vtter detestation and dislike that men or weomen of meane conditjon should take vppon them the garbe of gentlemen, by 'wearing gold
THE MASSACHUSETTS BAY IN NEW ENGLAND, 6]
or silver lace or buttons, or points at their knees, or to walk in great bootes, 1 (] 5 1 . or wc'onicn of the same rancke to -weare silke or tiffany hoodes or scarfes, '' ^
wliicli though allowable to persons of greater estates, or more liberall educa- tion, yett wee cannot but judge it jntollcrable in persons of such like condi- tion : itt is therefore ordered by this Courte, and the authoritje thereof, that no person within this jurisdiccon, or any of their relations clejjcnding vppon them, whose visible estates, reall and personall, shall not exceede the true and indifferent valew of two hundred pounds, shall weare any gold or silver lace, or gold and silver buttons, or any bone lace Sbove two shillings p yard, or silk hoods or scarfes, vppon the pccnaltje of tenn shillings for cuery such offence, and euery such deljnquent to be presented by the graund jury. And forasmuch as distinct and particular rules in this case, suiteable to the estate or quallitje of each person, cannot easily be given, itt is fiuthcr ordered by the authoritje aforesajd, that the selectmen of euery toune, or the major part of them, are heereby enabled and required from tjme to tjme to have regard and take notice of ajiparrell in any of the inhabitants of their seuerall tonnes resj)ectively, and whosoeuer they shall judge to exceede their rancks and abillitjes in the costljnes or ffiishjon of their apparrell in any respect, especially in the wearing of ribbons or great bootes, (leather being so scarce a comoditje in this countrje,) lace pointes, &S, silke hoods or scarfes, the select men aforesajd shall have power to assesse such persons so offending in any of the particulars above mentioned in the country rates at two hundred pounds estates, according to that proportion that such men vse to pay to whom such ap- parrell is suiteable and allowed, provided this lawe shall not extend to the re- straint of any magistrate or publicke officer of the jurisdiction, their wives and children, *who are left to their discretion in wearing of apparrell, or any setled [*59-] millitary officer or souldjer in the tjme of millitary service, or any other whose education and implojments have binn above the ordjnary degree, or whose iestates have binn considerable, though now decajed.
Whereas it doth appeare to this Courte that suites at lawe are groune Boston more frequent of late in this jurisdiccon then formerly, and especially in the toune of Boston, by reason of the greate concourse of people and increase of trade there, whereby County Courts are much prolonged; and forasmuch as many cijmes also are comitted in the sajd toune, both by night and by day, both by straungers and others inhabiting in this country, which cither through the want of juformation or authoritje not constantly at hand, sundry offenders and offences escape vnpunnished, for preventjou whereof, the Grennerall Courte, assembled at Boston, 14"» of October, 1651, have thought meete that there be seven men, of the fieemen resident in Boston, annually chosen by the freemen
conns* sioners.
^2 THE RECORDS OF THE COLONS OF
of the sajd toune, and presented to the Courte of Asistants, '^^'ho heerehy have power to authorize the sajd seven freemen to be coinissioners for the sajd toune, to act in all things coiuitted to their trust, as is heereafter exprest, who shall from tjme to tjme be sworne before the sajd Courte, or the Gouerno' then in being, to the faithfull dischardge of that service. And for the present yeare this Courte hath given and graunted, and doe heereby give and graunt, full coiuission and authority to M"^ Richard Parker, 'M' Nathaniell Duncan, Capt Robert Keajne, Capt Willjam Ting, M'^ Edward Ting, M' Anthony Stoddard, and Capt John Leveret, or any five of them, or any three of them with one magistrate, to heare and determine all ciuill actions which shall be brought before them, not exceeding the sume of tenn pounds, arising in the necke of land on which the toune is sittuated, and also Nodles Island, or be- twixt any persons where both partjes shallbe inhabitants or residents within the sajd necke or Nodles Island aforesajd, or any other not inhabitting in this jurisdiction ; and also to heare and determine all civill actjons whatsoeuer legally brought before them, not exceeding the summe of tenn pounds, as aforesajd, provided they kecpe a booke of record for the entry of all cawses, evidences, testimonjes, sentences, and judgements, as the lawe provides in like [*60.] cases; which sajd commissioners are authorized annually to *appointe a clarke of their Court, and to demaund and receave of euery plaintiffe, in all cases or actions not exceeding fForty shillings, the suiiie of one shilling sixepence, and for all other actjons the soiiie of five shillings, and for all other things the accustomed fFees ; provided also that the sajd coinissioners from tjme to tjme shall publish their Courte dajes, as the three coinissioners in tonnes are by lawe to doe ; and for discouery, prevention, and punnishment of sinn and misdemeanors in the sajd toune of Boston, power and authoi'itje is heereby given and graunted to the sajd coinissioners, and euery of them, by warrant vnder their or his hand, to convent before them, or any one of them, all such persons as shallbe coniplajned of for such offences, or otherwise legally brought to their cognizance, and to heare and determine the same according to lawes hoere established, as any magistrate may doe, provided the fines jmposed by them doe not exceede forty shillings for one offence. And that oui' sajd coinissioners may the better and more dilligently endeavor the suj)- pressing of sinn and misdemeanors and the breach of the peace in the sajd tonne, their coiuission shallbe from tjme to tjme vnder the hand of the secritaiy for the Gennerall Courte. And also all marshalls, constables, and other inhabitants respectively from tjme to tjme shallbe ayding and asisting our coinissioners afforcsajd in this behalfe ; and that no person may be dis- couraged or any way damaged heereby, itt shallbe in the libertje of any person
THE MASSACHUSETTS BAY IN NEW ENGLAND. 63
to appeale from any sentence of any of them from tjme to tjme vnto tlie 1G51. Courte of Assistants, provided that no action arising vnder tenn poinids '^ '
14 October.
within the sajd Ijmitts of Boston Necke and Nodles Ishmd, as aforesajd, shallbe received into any County Courte ; and that this coiiiission sliallbe of force for tijall one whole yeere.
Whereas there was a lawe made in the yeere 1650, concerning straungers Tiimeto20 coming into this jurisdictjon, wherein all straungers ariving within any of our ' port tonnes, above the age of sixteene yeres, were enjoyned to be accomptable before the Gouernor, Dep* Gouernor, or two of the honnored magistrates of the occasion of their coming into these parts, as in that order more largely doth appearc, which sajd order is long since expired, itt is therefore heereby ordered, that the sajd lawe be againe revived, and declared by this Courte to stand in force till this Court shall see just cawse to repeale the same, which law is at large recorded in this booke, page 20.
*Itt is ordered by this Courte, and the authoritje thereof, that all sorts of [*61.] come shall be pajd into the countrje rate for the yeare ensuing, at these prises ^"^es of come following, viz., wheate and barley at five shillings p bushell, rye at foiu-e shil- rate. lings, pease at three shillings eight pence, and Indean at three shillings p bushell ; all good and merchantable come and all other things pajd into the country rate to be vallewed according to the prises of all sortes of come above mentjoned.
• Forasmuch as this Courte hath occasion many tjmes of sending letters to Order for a England, to the Dutch, French, Roade Island, as also to the other jurisdiccbns, , .j_ and ordinarily doe receive letters from them, and that sometjmes such as are of great concernment to vs, that wee may more readily finde out the contents of such letters as aforesajd, itt is ordered, that from henceforth there shall be two seuerall bookes kef)t, the one by the secritary, the other by the clarke of the Depu*% wherein letters and other forrajgne transactions, so much as this Courte shall appointe, shall be recorded ; and becawse it is a worke that will require much tjme and labour, letters being many, and some very large, itt is heereby further ordered, that they shall respectively receave proportionable recompence yearely for their labor, as this Court shall determine.
Itt is ordered, that the secretary, for his attendance on and service to the Secrctaryes Gennerall Coiute, counsell, and transcribing the acts of the coiiiissioners, as also for ti'anscribing of letters, and all other service, besides the bennefitt of transcribing the orders of the Gennerall Coiute for the seuerall tounes, the suiue of forty pounds for this yeere, and so forward, and to bcginne at the first sessions of this Coiute.
Widdow Guyes
In answer to the peticon of Jane Guy, widdowe, for liberty and power to answ.
64
THE RECORDS OF THE COLONY OF
1G51.
14 October.
Major Den- nisons i^raunt of 6)0 acres of land.
[*62.]
Milains sale to Addams confirmed.
5n» allowed to John Lewis.
Issue of the case betwecne Capt. John AVall & M' HenryGroome.
sell the howse and land of Nicholas Guy, her late husband, for the dlschardge of hir husbands debts, and hir owne more comfortable subsistance, the Courte graunts hir request, and impowres hir to sell the land accordingly.
Whereas this Courte did graunt vnto the toune of Rocksbuiy fower thou- sand acres of land, whereof two hundred sixty seven was assigned to M'' W"" Dennison, the which he hath given to his sonne, !Majo'^ Dauiell Dennison, as by his deede, bcaiing date 21"^ October, 1651, more largely appeares, att the request of the sajd Major Daniell Dennison, this Courte dotli graunt, that the sajd two hundred and sixty *seven acres shall be made vp six hundred acres of land, to be lajd out to him where it may be found according to lawe.
In answer to the petiCon of John Milam, that whereas (by the order of John Seaberryes wife, late of Boston, w''' the approbatjon of the sajd John Seaberry, as by y"^ affidavitt of M'' Christopher Clarke more ffuUy appeares) he made sale of the bowse of the sajd Seaberrje to Alexander Addams for flbrty five pounds, thirty five pounds whereof is pajd to the sajd John Seaberry and his wife, the sajd John Seaberry being some whiles dead, his request being that this Court -w^ould rattify the sale of the sajd howse to the sajd Addams, he giving in security to pay the remayning tenn pounds to the right heire on all demands, the Court graunts the peticoners request, and judge it meet that the tenn pounds, by security, from Alexander Addams, be given to the next County Courte, to be in a readjnes on all demands to be deliuered to the true heire of the sajd Seaberry j and heereby orders, that then the sajd howse tmd land be confirmed to the sajd Alexander Addams, as is desired.
In answer to the petition of John Lewis, who desired the pajment of fiffty shillings, being by him expended on INI''^ Elizabeth Cole in the tjme of hir extremity, having had encouragement from the Magis*' therevnto, itt is ordered, that the Treasurer sattisfFy the sajd John Lewis ffiifty shillings out of the countrje levy.
In answer to the petition of Cajit John AVall, a hearing of the difference betweene the sajd John Wall and M' Henry Groomc was graunted; and in the sajd case, after the ^ had heard fully what the partjes could say, the Courte de- termined that M"" Henry Groome, according to the order of the County Courte in Cambridg, should be execcutor to the last will of his brother, M'' Niccolas Groome, and that Capt Wall should surrender all the goods and estate belong- ing to the sajd Niccolas Groome to the sajd Henry Groome, giving in security to the sajd Capt John AValls, to save him harmelesse from all his engagements to M'' John Dauiell, of RedrifFe, one hundred and three pounds, whereof ffowerteene shillings and tenn pence is sattisfjed to the sajd Groome by the sajd M"' Wall, on accompt ; and that the attachment against Capt John Wall, to
TIIK MASSACHUSETTS BAY IN NEW ENGLAND. 65
answer the sijd Henry Groome at the next County Court for the same, be 10 51.
ileHuered vp to the sajd John Wall. ^'^ ^i '
*In answer to the peticon of Ann Thompson, late wife of Symon Crosby, r^po
fErst craving the favor of tlie Courte to jiardon hir ignorance, and excuse the ^,,5, to M-
poenalty for not prooving hir deceased husbands will; 2'^, that this honnored Ann'lhomp-
sons petiCon. Courte would please to graunt vnto her the administration of the goods and
chattels of her deceased husband, Symon Crosby; 3'^, to confirme the por-
tjons of the children according as they were agreed by the Reuerend M"'
Shephard, the elders and deacons of Cambridge, or so farr forth as the Courte
shall see mcete ; lastly, that shee may have power, or wliomsoeuer shee shall
appointe, to make sale of the howse and land of hir late husbands, shee or
they putting in securitje to the Courte for pajments of the childrens portions.
The Courte, having w"' this peticon pervsed the agreement made by M"^ Shep-
heard and elders, and two deacons of Cambridge, doe allow and approove
thereof, and ffurther graunts hir power to sell the howses and lands, provided
shee put into the Courte at Cambridge good securitie to pay the childrens
portjons, and doe also graunt the rest of the particculars in tliis peticon
nienconed.
In answer to the peticon of 'M' John Wiiithrop, craving the allowance of 40" guift to M' fifty pounds for his service at the request of the countryes agents in England, ,j° '" '"' itt is ordered, that the forty pounds for which the peticoner did engage for Doctor Child be given him for his implojments in England.
In answer to the peticon of the toune of Newbery, Capt Willjam Cap' Gemsh to Gerrish is hereby authorized to marry such there as shall be legally f'"'"'' " ®"' published.
In answer to the peticon of M"^ Samuell Symonds, the Courte graunts Graunt of 300 liim three hundred ackers of land, beyond the Riuer of ISIerremacke, where it g ^^^^^ maybe found in the power of this Court to graunt, with free liberty for timber, provided he sett vp a sawe mille there w"'in the space of seven yeeres. Ans' to George
In answer to the petition of George Munnings, keeper of the prison, that ^o„""'"^'^^ whereas Edward Burt coinenced a suite for the escape of Capt Hudson, and recouered a judgment against him for y" debt the sajd Hudson owed the sajd Burt, the Court considering the countrje had donne their endeavors to repajre the prison, they have ordered, that the countrje shall not pay for the escape of Cap? Hudson, nor the keeper, but the judgement of the County Court shallbe, and heereby is, reuersed in such respect.
In answer to the petition of John Endecott, Escp, y* present honnored 300 acres of GoQnor, the Court doth graunt him three hundred acres of woodland, lying jj, Endecott, neere to the place he intends to sett vp his works, named Blinde Hole, neere to "* ^'J""^ ^°'°-
VOL. IV. PART I. 9
66
THE llECORDS OF THE COLONY OF
1G51.
U October.
[*64.]
Ans^ to M'
Foords peti-
M' Pococks ffiffty pounds to be allowed by y Treasu'.
Ans' to the petitjon of widdowe Lambe, Isacke Heath, & John Johnson.
Ans' to John
Witherdens
petition.
Ans' to Read- ing petition. Vide p* .567.
Ans' to John
Emorys
peticon.
a fiirme formerly graunted liim, not being graunted to any other, on this con- dition, that he sett vp his workes within seven yeeres.
*In the case betweene M'' Thomas Foorde and Capt John AVall, and in answer to his jietitjon, after the Courte had fully heard what the partjes could say, the Courte determined that Capt John Wall should give securitje to satisfy M'^ Thomas Foorde, his heires, execcutors, or assignes, the soine of three thousand three hundred forty and one pounds weight of sugar, at the Barbadoes, by the last of June next, abating fower p cent for the payment thereof at that tjme ; and itt is ordered, that the clarke of the County Courte at Cambridge shall deliver vp to Capl John Wall, or his assignes, the originall bond which was delivered with the sajd Courte ; and for the chardges of the Courte for the tjme expended in hearing the cawse, the Courte is willing to reiuitt it, being they were both straungers, and not above two howres in hearing.
In answer to a letter from M' John Pococke to INI' Peeters, wherein it appeared the countrje owed the sajd 51'" Pococke ffiffty pounds, itt is ordered, that the Treasurer shall pay M^ Poco?:ke ffiflty pounds, in sattisfaction thereof.
In answer to the petitjon of Dorothy Lambe, of Roxbury, elder Isacke Heath, and John Johnson, craving the coiifirmatjon of the sale of a smale parcell of vpland and meadow, contajning tliree quarters of an acre, more or lesse, sometjme belonging to Thomas Lambe, deceased, by whom made vnto W" Parkes, W" Cheny, Thomas Baker, and Mary Woodey, wife of John Woodey, late deceased, the Courte grauuts theii- request, & confirmes the sajd sale accordingly.
In answer to the petitjon of John Witherden, the Coru-te doth order that the petitioner shall have his execution graunted against M"" Aspinwall, and that he shall have his bill of costs of two pounds sixteene shillings, vnlesse M'' Aspinwall produce the determination of that Courte that did abate the same, vuder M'' Nowells ; and ffurther, that INI'' Aspinwall shall pay the petitioner his bill of chardges for his attendance and his wittnesses for seven dayes vppon this Courte, amounting to two pounds thirteene shillings.
In answer to the petition of the inhabitants of the toune of Heading, craving -the addition of two miles, or thereabouts, of land adjoyning to their bounds, of fowre miles, and lying betweene M'^ Bellinghams farme and the great riuer, the Courte grannts the petitioners request, so as it hath not binn already graunted to any toune or person, nor prejudicing any former graunt to any.
In answer to the peticon of Jolm Emory, the Court graunts his request.
14 October.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 67
and hereby gives him power to sell the howse and lands mentioned in his 16 51. peticbn, so as he gives securitje to the County Courte at Ipswich to pay the children the full prize the land shall be sould for, and make y" three childrens twenty nobles a peece, eight pounds a peece, and pay the daughters their por- tjons at eighteene yeeres, and the sonnes at twenty one.
*In answer to the request of the toune of Newbery, the Court allowes and [*65.] • approoves of their chojce to Benjamin Swett to be ensigne to their millitary 2'^"- Swett,
ensigo to New-
company, & confirmes him in that place.' beny comp.
Itt is ordered, that the toune of Douer shallbe, and heerby is, fined tenn Douer fined pounds for their neglect in not sending a deputy to this Comt the last ses- sions, nor this neither, which fine, at the request of M'^ Maude, is respited from being levyed till the next Courte of Eleccon, that the Court may judge of Douers answer.
Vppon the motjon of the deputy of Springfeild in behalfe of their tonne, Springfeiids itt is ordered, that the inhabitants of Springfeild, aforesajd, shall be at their ^ aepiity to y liberty whether they A^-ill send any deputy to the latter session of this Courte '"°"* °^
•' •' J i J ElecCononly.if
from yeare to ycare. they will.
In answer to the peticon of M' Thomas Gayncr, craving releife in five Ans' to M'
Gajners pe-
things, — 1, for execution for the twenty nine pounds seven shillings nine ticon. pence ; 2'^, for twenty fewer pounds five shillings sixepcnce, pajd the sajd M' Aspinwall and M"' Bendall, as they say, by contract, for attournyshipp & trouble for the seamen ; S^^, that the sajd M"' Aspinwall & M'" Bendall may give in an accompt vppon oath ; 4"''^, that they bring in recejpts for what they pajd ; 5'^, that he may have liberty to sue the sajd M' Aspinwall & M'' Bendall at coinon law, — the Courte declares to the first, that, although M'' Gayner hath receaved ffive pounds thereof, yett he shewes no right he hath to it to de- maund the same ; to the second, that they see not that any thing ^ that per- tajneth to him thereof; to the S'^, that M"^ Aspinwall & M' Bendall hath donn so ; by the testimony of M' Nowell, to the 4"^, there is a receipt and dischardge from the seamen to ^Majo"^ Gennerall Edward Gibbens on record ; to the fifth, the lawe is open for him, having cawse and power to sue by.
In answer to the peticon of Richard Swajne, W™ Swajne, and other of Ans' to the toune of Hampton, itt is ordered, that whatsoeucr goods or lands have petiCon. binn taken away fi-om any of the inhabitants of Hampton by Edward Calcord or John Samborne, vppon pretence of being authorized by M' Batchelor, either with or without execution, shall be retourned to them from whom it was taken, and the execution to be called in, and no more to be graunted vntill there appeare sufficijent power from M"' Batchilor to recouer the same to the County Courts, either of Salisbury or Hampton.
68
THE RECOKDS OF THE COLONY OF
1651.
14 October. Koger Shawes power.
[*66.]
M' Aspinwallg
23 October.
Record' of the county of Suffolke.
Boston clarke of the writts.
Ans' to Capt. Eauthorne.
4" to Cap'
AUen.
Ans' to Cap' Keajne & M' Newgates peticon.
Whereas the survejor gennerall did arest Roger Shawe, of Harapton, for eight pounds, for a barrcll of pouder ■which was dew to tlic countrje from the tonne of Hampton, and the sajd Koger Shawe did acknowledge a judgement for the same, itt is ordered, that the sajd Eoger Shawe shall have power to make a levy on the inhabitants of Hampton for the payment thereof forthwith.
*In answer to the peticon of John Butten, Benja Ward, Thomas Matson, Willjam Liidkin, and others of a jury appointed to serve in the last County Court held at Boston, in an accbn betweene M' W" Aspinwall and John With- erden, the Courte doth order that M"' Aspinwall bo convented before the whole Courte on the morrow, being 23 8&, 1651, to give answer to such things as are chardged vppon him in tliis and Witherdens peticon. The partjes ap- peared at the time appointed, and after the Court had fully heard the cawse, and what both partjes could say, the Court proceeded to judgm"'. Itt is or- dered, that henceforth M'' W" Aspinwall shall be suspended from cxcercising the office of recorder or clarke in any County Courte, for chardging the Courte and jury to goe against lawe and conscience, making the landlord to pay rent to the tennant, and shall pay the soiric of thirty shillings for the jurjcs at- tendance and entring the peticon, w"* fowcr shillings for two wittnesses attendance.
Itt is ordered, that M"^ Edward Rawson, present secretary to the Gen- nerall Courte, shall henceforth be recorder for the county of Suffolke, and that M"' Aspinwall deliuer him all the records belonging to the sajd county.
Itt is ordered, that Jonathan Negus, at the request of the toune of Bos- ton, shall henceforth be clarke of the writts for the toune of Boston, in M' Aspinwalls roorae, who is to give him the records of deaths, births, and mar- rjages, in his hands, y* belongs to that office.
In answer to the request of Capt Willjam Hauthorne, the Court, for and in consideration of the twenty pounds dew to him, as coiiiissioner, for this yeares service, doth graunt to the sajd Capt Hawthorne and his heires all that parcell of land this Courte bought of M'' Knowles, lying in Kittery, and abut- ting on Piscattaq, Riuer.
In answer to the peticon of Capt Bozoone Allen for the rebating of what the Court should see meet of tenn pounds and five shillings the survejor genn'' recouered of him for a barrell of pouder w'^'^ the toune of Hingham had of the countrjes, itt is ordered, that the Treasurer shall allowe the sajd Capt Allen fewer pounds out of the countrje levy in sattisfaccon of what was taken from him.
In answer to the peticon of John Newgate, John Coggan, Robert Keajne,
r
23 October.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 69
Samuell Cole, Niccolas Parker, and other inhabitants of Runny Marish, itt is 1 G 5 1 .
ordered, that if the peticSners shall refuse to lay out twenty acres of good
planting ground, in a convenient place, for Sagamore George to make vsc of,
that then the sajd sagamore is permitted the bcnnefitt of the lawe to recouer
what right he hath to the land, provided the peticouers shall have the *refusall [*6T.]
thereof when euer the sagamore shall sell the sajue.
Whereas, in the yeare 1650, there was a coinittee chosen to pervse a A coffiittee booke called Lex Mercatorja, to extract such lawes from thence as might be MeiCorja. suiteable for our vse in this coiiion-wealth, which sajd coinittee have not yett mett according as was then concluded, that the sajd order may be further prosecuted, itt is ordered by tlais Courte, that the accomplishing of that worke shall be referred to M" Nowell and the auditor gennerall, who are heereby chosen a coiiiittee, and desired to pvse the sajd booke, and to collect from thence such lawes as they shall judge meete for our vse, according as that order doth direct, and to make retourne to the next Gennerall Courte.
In answer to the petioon of Thomas Venner, itt is ordered, that M' Ven- Ans'to M' ncrs vessell shall be freed from 'M" Gajners attachment, provided the sajd M'' -J^^ " ^* '" Venner, or whomsoeuer else it concernes, give in security to the valew of one bundled pounds, to be responsall to answer M"' Gayner in the action in the next County Courte.
In answer to the peticon of the toune of Hingham, the Court doth hcere- Lef Hubbard by authorize Leftennant Joshua Hubbard to marry such persons as shall be jjj^j'j^^^ there legally published.
In answer to the peticon of Susanna Rashlejgh, desiring this Courts Ans' to M" graunt of a free estate and title vnto the howse and lands of hir late husband, ^j^^ whereby shee may be inabled to dispose thereof for the best advantage and good, w'^'' the Court graunted.
In answer to the peticon of Anna Palsgrave, of Chai'lstoune, widdow, Ans' to M" desiring the confirmation of liir late husbands estate, Richard Palgrave, de- tiCou" ceased, to hir and hir heires for euer, according to the desire and jntent of the testator, to prevent future trouble and contentjon that might otherwise ensue, the Comt graunts hir request.
In answer to the peticon of the inhabitants of Strawberry Bancke, the M' Ambrose Courte graunts the peticoners all the land betweene Hampton and them that comission at is not already graunted to tounes or persons, Squamscott pattent excepted. Strawberry 2'"y. That M'' Ambrose Lane, M'^ Brjan Pendelton, and Heniy Sherborne are heereby for one whole yeere jnvested with ample power, and be enabled as associates w"' Capt Thomas Wiggin, to keepe one Courte in a yeere at Strawc- beriy Bancke, viz., at such tjme as Capt Wiggins shall appointe, to trye all civill & criminall acc6ns, as other thelre Cotirts within this jurisdiccon doth ; as
70 THE KECORDS OP THE COLONY OF
2J October. [*68.]
1 G 5 1 . also the three aforesaid coiiiissione", or each of them, shall have power to admin- ister oathes, keepe the peace amongst the inhabitants, *and to graunt warrants to bring before them such as shall break the pcenall lawes, the pocnaltjes whereof exceede not fforty shillings, and all offenders, whose pocualty shall exceede the soiiie aforesajd, to binde ouer to the County Courte, or send them to some magis'^ to be provided with, according to lawe ; and they have fur- ther power to end smale cawses, as three men in tonnes have ; and for what else is mentioned in the petition, the Courte referrs it to the next Gennerall Courte of ElecctSn, to be considered and determined, provided they have or shall take the oath of fldellitje to this gouerument before they act according to this coinission. Kyttery w'tin Whereas, by the extent of the Ijne of our pattent, it doth appeare that the
ourpa n ,^ c. ^^^^^^g ^^ Kyttery, and many miles to the northward thereof, is comprehended within our graunt, and forasmuch as this Courte hath binn jnformed that there hath binn a late endeavor of seuerall ^sersons thereabouts to drawe the inhabit- ants of Kettery, &d, who gouerne now by combjnation, to pcticon the Parlja- ment of England for a graunt of the sajd place, which the major parte of the inhabittants refused to doe, many of them expressing their willingness rather to submitt themselves to the gouernment of the Massachusetts, this Courte, tak- ing into consideration the premisses, togeather with the comodjousnes of the Riuer of Piscataque, and how prejudicjall it would be to this gouernment if the aforesajd place and riuer should be possessed by such as are no freinds to vs, hath ordered, that a loving letter, and friendly, be sent from this Courte to the sajd inhabitants of Kettery, &5, acquainting them with our foresajd right, &d, and coinission graunted to M"" Symon Bradstreete, Major Daniell Dennison, and Capt W'" Hauthorne, to treate w"^ them, and, according to instruccous given, to receive them vnder this gouernment, if tcrmes of agrement cann be concluded vppon by mutuall consent ; otherwise, having made knoune our right, and lajd clajme to the i^lace, to protest against any further proceeding by virtue of their combinacon, or any other interest w'soeuer, coiiiisson was graunted to y« gent abovcmentioncd, & a letter sent w''' instruccons w'''» are in the Court booke of records for letters, &6. Maidens trjaii. Itt is ordered, that the whole Coiui meete together on the morrow, being
24 October, o^ of the eighth month, at one of the clocke, about jSP Mathewes his offence retourned by the coinittee, as also the offence of the church of Maiden, and to that end that M' Hills give notice accordingly. Att the tjme appointed, 'M' Marmaduke Mathewes appeard ; so did INI"' Joseph Hill, Edward Carrington, and John Waite, w"' seuerall others of the church of Maiden, & on the churches behalfe appeared to answer their offence, &d, according to the order of the last Gennerall Courte.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 71
24 October.
[*69.]
Courts order in
*M' Mathewes appearing, and not giving the Court sattisfacGbn by their 1 G51. comittee, or otherwise, for his errors formerly deliuered, and for which this Court had dealt with him, the Courte dechu'ed, that, although the civill and churches powers may proceed concerning offenders in their seuerall wajes without interfering one with another, yett in this case, vppon some considera- M' Mathews
case.
tjons, they judge it doth staud with wisedome to have the churches to acte before themselves, and therefore they thinke meete, and doe appointe the chui'ch of IMaldeu speedily to consider of the errors M"^ Mathewes stands chardged with in C'ourte ; and in case, vppon the churches dealing with him, he doth acknowledge his errors and vusafe expressions, and give sattisfaccon vnder his hand, so as the secretaiy, being certifjed thereof, doe acquainte the counsell therewith within sixe weekes, the matter at present may so rest, else the secretary shall give notice vnto the churches of Cambrjdge, Charles Toune, Lynn, and Redding to send their messengers in way of counsell and advice vnto the church of Maiden, and not excluding any other churches with them, to debate the doctrines there deliuered by M'' Mathewes, and now in quajstion, that by this meanes the truth may the better appeare ; and that they prosecute the same to effect according to the rule of Christ, for the conviction of il'' jNIathewes, and helpfuUnes of the church of Maiden.
The Courte, having considered and pervsed the answer of the church of church of Maiden, touching those things wherein they had given offence, are not sattis- fyed therewith, and doe therefore judge, and orders, that the members of the church of Maiden shallbe fjned, for their ofi'ences, the soiiie of fiffty pounds, wliich shall not extend to any person that hath given this Courte sattisfactjon, and that consented not to ISI"' [Mathewes ordjnatjon. And itt is fiuther ordered, that the sajd ffiffty pounds shall be levjed by executjon on the estates of M'' Joseph Hills, Edward Carrington, and John "VVajte, who are hereby impowred to make proportion of the sajd soiue on the rest of the members of the church, except before excepted.
Itt is ordered, that the judgment graimted at the first session of this Execution Court against M'^ Marmaduke Mathewes, for tenn pounds, the execution >?,''',"'' thereof shallbe respitted till other goodcs appeare besides bookes. respitted.
A letter to the Gouernor, from Mouns'' S°' j\Iaze, was read in Court, i^ cndinc^ wherein complaints were made against Capt Lane and M"' Jotham Gibbens, for „ if "" .' injuryes by them donne him, w''' the Courte considered of, examined, and piajnts. retourned answer, which fFully appeares in the booke for the Court records for letters, &&, w"* commission & warrant to the marshall of Hampton to appre- hend the sajd Sampson Lane, if w"'in our jiuisdiccon.
*In ans"' to the peticon of Nathaniell Edwards, who presented to this [*70.]
72
THE llECORDS OF THE COLONY OP
1G51.
24 October. Ans' to Nathan Edwards pe- ticon.
M' Hubbards
commission,
&c.
M' Smiths dismission, &c.
County Courts adjournment.
Judgement of Court in M' Pinchons case suspended till May next.
M' Nortons ans' to M*^ Pinchons booke to be printed.
[*71.]
Lett' to y Parliam*.
Court a will, made by one Nathaniell Smith, and therewithal! seuerall testi- moiijes, to proove that the sajd will was confirmed and allowed by the Praerog ative Courte in England, which, vjipon pervsall thereof, this Court doth also declare the sajd will to be legall, and approove thereof; and doe also order, that the sajd Nathaniell Edwards shall putt in caution to the next County Court, holden at Boston, to be responsall for all the estate of the sajd Smith, lying within this jurisdiccon, in case the sajd will should heereafter be reversed.
At the request of M' Phillips, of Rowley, itt is ordered, that M"^ W'^ . Hubbard, Seil, of Ipswich, shall be, & is hereby, impowred to marry the sajd M'^ Phillips, who hath binn thrice published, as the lawe requires.
]M'^ Henry Smith, the deputy of Springfeild, having a long journey to travell, and vrgent occasions to retourne home, vppon his request, is dismissed from his fuither attendance on the service of this Courte.
Itt is ordered, that the County Court of Suffolk, w""" is to begin on the 28 of this instant eighth month, shall be adjourned to the' 18 of the 9 iSi, by rea- son of the Gennerall Courts occasions.
The Courte doth judge it meete, and is willing, that all patjence be excer- sised towards M'' William Pinchon, that, if it be possible, he may be reduced into the way of truth, and that he might renounce the errors and haerassies published in his booke; and, for that end, doe give him time to the next Gennerall Courte, in May, more thoroughly to consider of the sajd errors and haersesies in his sajd booke, and well to weigh the judicjous answer of M"^ John Norton, and that he may give full sattisfaction for his offence, which they more desire then to proceed to so great a censiu'e as his offence deserves. In case he should not give good satisfaction, the Courte doth therefore order, that the judgement of the cawse be suspended till the honnorable Court in May next, and that M' W"" Pinchon be enjoyned, vnder the pocnalty of one hundred pounds, to make liis personall appearance at and before the next Gennerall Courte, to give a full answer to sattisfaction, if it maybe, or other- wise to stand to the judgement and censure of the Courte.
Itt is ordered by this Courte, that the answ^er to M"" Pinchons booke, written by My John Norton, shallbe sent to England to be printed.
*M"' Winslow, writing a letter to Thomas Dudley, Esq), as Gouerno"", to be imparted to the Gennerall Court, which was donne, in which he imparted, as he affirmed, the committee of states minde respecting the gouernment of the seuerall jurisdiccons in New England, and therein declaring an answer was expected, which this Courte, considering of, retourned, not only an ans'' to M' Winslowes letter, but directed a petitjon to the most honnorable Parljament of
THE MASSACHUSETTS BAY IN NEW ENGLAND. 73
England; all which are amply recorded amongst the bookes of the Court 1651. records for letters, &d; as also the Courte directed a letter to the Right *" ^ ~' Honno'able Oliuer Cromwell, Lord Gennerall of the Parljaments forces in England and Scotland, which is likewise there recorded.
This Courte, having past a declaration and order respecting their right Kittery. and title to Kittery, &6, du-ected a letter to Edward Godfrey, Es^, M' Nicco- las Shaplejgh, &6, accordingly, which is recorded in their booke of letters.
Itt is ordered, that M"^ Symon Bradstreet, Major Daniell Dennison, and M' Bradstreet Cap? W™ Hauthorne, whom this Courte hath chosen and appointed as their comission^^"" coinissioners to treate with the gen? to the eastward, shall be, and hereby is, impowred to mannage and conclude the buiseues with the sajd gen? to the eastward, as in their best judgments and discretjons they shall judge meete.
Whereas the Courte and juiy did not agree in John Crossmans case, who Courts sen- is now in prison for blasphemy, and so it necessarily comes to this Court to be ^an for bias- determined, itt is ordered, that that case be heard before the whole Courte on P'^'^'^y- the morrow, by nine of the clock in tlie morning, being 28"" of the 8 ifi, 28 October. 1651. Att the tjme appointed, the prisoner was brought before the whole Courte, the evidences against him was read, and itt was ordered, that John Crossman, for vttering blasphemy against God, as was prooved, shall be seuerely whipped, and branded on the forehead, with a hott iron, with the letter B, presently after the lecture in Boston, the .30"^ of this instant October, and be bannished out of this jurisdiccon for euer, from the 20"^ of Nouember next, not to retourne at his perill.
Itt is ordered, that on the second Tuesday in the S"* month next, there Court of Asist- shall be a Courte of Asistants held at Boston, for the trjall of those in prison suspected for accused for witchcraft, and that the most materiall wittnesses at Springfeild be ^t'^^'^^ft- sumoned to the Court of Asistants, to give in their evidence against them accordingly.
*Itt is ordered, that M'' Leaders case, which was referred to this session, [*"~-] shallbe heard on the morrow, by eight of the clock in the morning, being 30"^ ^' ^"^^^^^ ^^-
' •' ° D' o charged, &c.
8 m, 1651, and that notice be given to the sajd M' Leader to attend the
Courte. Att the tjnae appointed, M' Leader appeared, and it was putt to the 30 October.
qusestion, whither M' Leader should be responsall for what was evidenced
against him by Theodore Atkinson and Willjara Wilcoks, the Avords being
spoken in the midst of the sea going hence to England. Itt was resolved on
the negative ; and so he was freed from his bonds for his appearance and
good behaviour. „ _. .
" Cbnussioners
Vppon the request of the inhabitants of Hampton, M' Samuel Winslow, *" ^^y °"'
. Hamptoa
M'' Thomas Bradbury, and Left Robt Pike, or any two of them, are appointed bounds.
VOL. IV. TART I. 10
74
THE RECORDS OF THE COLONY OP
1651.
30 October.
Fire muskets dischaidged.
coiuissioners to lay out the west end of their touiie lyne towards Exetur, and to make retourne thereof to the next Court of Elcccon, provjdcd Exetiu* have tjmely notice of the tjrae when it is to be donnc, to the end they may have Hberty to make their objeccons.
There being seuerall armes long since lost in the hands of some of the hiliabitauts of Salem, which did appertajne to the countrje, of which fower were burnt in the hands of INI'' Gafford, and one being in the hands of our present honnored Gouernor, w'''' sajd five musketts, for seuerall reasons, the Court judgeth it meete they should neuer be required at their hands.
Sudbury 2 miles.
According to an order of Court about three yeares since, that the toune of Sudbury should have two miles iulargement vppon theire west Ijne, & that I, whose name is vnder written, was appointed by this Courte to see the sajd land lajd forth according thereunto, I doe heereby informe the Courte, that the thing is donne according to the order of the Court. Wittnes my hand, 22'" 8 I?!, 1651.
SIMON WILLARD.
The Courte approved of this retourne.
Ans' to Cathe- rine Haugh- tons pet.
[*73.]
Survejors al- lowance.
M' Dunsters coiuission to marry, Sec.
M' Pocockes 60".
In ans'' to the peticon of Katherlne Haughton, late wife to Niccolas Char- lett, itt is ordered, that the peticoner shall have power to sell the sajd howse mentioned in hir peticon, to sattisfy the debts, as is desired ; and administration is graunted hir to the sajd Charletts estate, and what remajnes of the nine- teene pounds in the inventory exprest should be to liir bennefitt, for bringing vp the two childi-en.
*The Courte, taking notice of the contjnewed pajnes and faithfuU en- deavors of il' John Johnson in the place of the survejor gennerall, looking to the countrjes armes, and procuring many of the countrjes debts, doe order, that he shall be allowed five pounds p annum for his pajnes, from the tjme of the Courts last allowance to him, and from this tjme forwards five pounds p annu for his pajnes in that implojment.
Itt is ordered, that Cap? Daniell Gooking, M^ Joseph Cooke, or M"' Henry Dunster, shallbe, and is heereby, impowred to marry M' John Apleton and M" PrisciUa Glover, who have been published at Cambridge, according to lawe.
Wliereas itt appeares vnto this Courte, vppon examinatjon of accounts, that the countrje is debtor to jNI'' Pococke, in England, the soiiie of fifty pounds, formerly disbmsed for and towards the vse and bennefitt of the countrje, that
THE MASSACHUSETTS BAY IN NEW ENGLAND. 75
due sattisfaction may be made, as is desired, itt is ordered by this Courte, that 1 G 5 1 . M'' Winslow shall, and heereby is, both authorized and intreated to make ' ^' '
. 30 October.
sattisfaccon to the sajd M^" Pococke, by such wajcs and meanes as shall present, and that the Treasm-er shall repay it againe here to whom INI"^ Winslow shall appoint.
Whereas the Gennerall Courte, in the beginning of the toiuie of Dedham, Dedham graunted vnto the inhabitants thereof a tract of land, five miles square, vppon the north side of Charles River ; but afterwards, vppon the laying out of Water Toune Ijne, it did appeare that there was not roome there left for the former grauut made to Dedham, to lye in that square forme before expressed, wherevppou another grauut was made by the Gennerall Courte, dated 22* of the 3' month, 16-39, ordering, that the sajd tract of land should be lajd out to runne along so as the foresajd quantitje should be taken in according as the place would beare ; in which order, also, one clawse doth restrajne the Ijne that it shall not come within two miles of Chochittawate Pondes ; but now, vppon experience and testimony presented in this Courte, it doth appeare that the foresajd ponds are within lesse than two miles of Charles Riuer, by reason whereof the sajd tract of 5 miles square cannot be taken there according to the graunt, — this Court, in consideratjon of the premisses, doe order, that the foresajd clawse, restrajning the Ijne not to come within two miles of the afore- sajd ponds, be made of none effect, but that the aforesajd graunt or tract of land be lajd out according as the place was then capable at that time when the graunt was made, provided that Water Toune Ijne be not hindered thereby.
*Henry Chickering, a deput for the toune of Dedham, vppon his request, r*74.] having vrgent occasions, is dismist the Courte for this sessions, there being another deputy for the same toune here.
In aus'' to the petition of M' Simon Bradstreete and Cap? Thomas Wig- looo acres gin, the Courte graunts the jjeticoners a thowsand acres of land on the Bradstrcet& Neewwhichawanicke River, to them and their heires for euer, with libertje to ^^^' Wiggms. make vse of any tjniber, for the vse of their sawemill, whilst the land re- majnes comon.
In answer to the peticon of M'' John Elljott, and vppon the motjon of the Ans' to M' inhabitants of Dedham, tendring the furtherance of the Indian plantation at petiCon. Naticke, to allow them two thousand acres within their bounds, provided they lay doune all clajmes in that toune elswhere, and sett no trapps in vninclosed ground, this Courte, approoving their tender therein, doth order, that the deputjes of Dorchester, Roxbmy, Water Toune, Cambridge, and Sudbury, together with the deputjes of Dedham, shall be a coiiiittee to consider and act further therein ; and that in case M'' Elljott shall, in the behalfe of the Indjans,
76
THE KECORDS OP THE COLONY OF
1651.
30 October.
Hauerill bounds.
Ans' to M'
Dudley
peticon.
Xtopher Col- lins wife re- ferd to Court Assist" for triaU.
desii-e more of Dedham land, they may stirr vp and moove their seuerall tounes to further that worke by yeilding some land in each of their tonnes adjacent, to recompence Dedham for what land they shalj part with, ouer and above the two thousand acres abovesajd.
Whereas Joseph Jewett hath certifjed, vnder his hand, that himselfe and Willjam Wild, accordmg to an order of the last Gennerall Courte, hath lajd out Haverill bounds according to the Courts graunt, this Coiut approoves of his retourne, and confirmes the sajd bounds to the sajd toune of Haverill accordingly.
In ans"^ to the peticon of Tliomas Dudley, Es^, for avojding of future difference, itt is ordered, that the fiveteene hundred acres of land formerly graunted to the sajd Thomas Dudley, Es^, about fower miles from Concord, which is bounded by the river on the one side, and land graunted to John Winthrop, Es^, deceased, on an other side, shall be lajd out two miles and a halfe along by the riuers side, and so to make vp the fiveteene hundred acres from the rivers side to the landward.
Itt is ordered, that the wife of Xtopher Collins, now in prison for suspi- tion of witchcraft, on good securitje to the valew of one hundred pounds, so judged by any one magistrate, may be bayled till the Court of Asistants, in March next, when shee is to appeare to answer the accusatjons layd in against hir for witchcraft ; provided, any one magistrate may, if he see cawse, coiSitt hir to prison agajne. The Court is dissolved.
1652. *Att a Gennerall Courte of Elecdjons, held at Boston, 26 May,
1652.
— — Y— —
26 May.
[*75.]
JN° ENDECOT, Es^, was chosen Gofln', and tooke his oath accord- ingly. Tho Dudley, Es^, was chosen Dep* GoQn', and tooke his oath. Rich Belhngham, Es^, " M"' Increase Nowell, M' Sjmon Broadstreete, M"^ W" Hibbins, M'^ Sam Sjmons, Capt Robt Bridges, Cap? Tho Wiggin, M^ Tho Flint, M'' John Glouer, Cap? Daii Gookin,
> were chosen Asistants, & tooke their oathes.
26 May.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 77
M^ Simon Bradstreete,"! _. . . . 165 2.
^ _ ,^, ^_ , } were chosen Comissioners for the Vnited Collonies.
Cap! W™ Hawthorne, J •'
Jn" Endecot, Es^, GoQuo'','!
Rich Bellingham, Es^, J
Majo'' Robert Sedjiike was chosen jNIajo"^ Gennerall, & tooke his oath.
M' Edward Rawson was chosen Secretaiy.
M'' Richard Russell was chosen Treasurer.
The names of the Deputjes retourned from the seuerall tounes to serve at this Gennerall Court were, —
Salem : Capt W"" Hauthorne, M'^ Hen : Bartholmew.
Charles Toune : M'' Rich Russell, Tres"', Capt Lef Fraunc : Norton.
Dorchester : Lef^ Roger Clapp, Ens : Hopestill Foster.
Boston : Cap? Jn° Leuerett, Lef* Tho Clarke.
Roxbuiy : M' John Johnson, M'' Edw: Dennlson.
Water Toune : M' Rich Broune, M"^ Ephrajm Childe.
Cambridge : M'' Edw: Jackson.
Lynne : M'' Thomas Laughton.
Ipswich: Majo' Dan: Dennison, M' Jn" Whiple.
Newbery : Capt W™ Gerish.
Weimouth : ^ Kingman.
Hingham : Capt Bozoon Allen, M' Jerf Houchin.
Concord : Capt Simon Willard.
Dedham : Capt Eleazer Lusher.
SaHsbury : M' Tho Bradbury.
Hampton : M'' Roger Shawe.
Rowley: M'' Joseph Juett, M"^ Maximill: Juett.
Sudbuiy : M"^ Edmond Rice.
Doner : M' Vat Hill.
Braintree : Steephen Kingsly.
Glocester : ^
Woobourne : Cap? Edw: Johnson.
Wenham : W"" Fiske.
Hauerill : M"" Robt Cleoments.
Redding : ^
Springfeild : M' "W"' Davies.
Maiden : M' Joseph Hills.
Meadfeild: ^
Majo"" Dan Denison, Speaker y® session.
78 THE RECORDS OF THE COLONY OP
165 2. *The Holy Scriptures of the Old and New Testament being written by the
'"" '^ ' jDljhetts, apostles, and holy men of God, inspired by the Holy Ghost, conteyn-
'"' ing in them the infallible and whole Avill of God, which he purposed to make
„ , „ knoune to mankiudc, both for his oune worshipp and service, and also for the
Poenalty for i jr »
denying the instruction, obedjence, faith, and salvation of man, which yet by hferetickes in
Holy Scrip- piiiii*
tures to be the former ages, and now of late by others, have bmn oppugned and denyed so to word of God. -^^^ which if connived at, would mannifestly tend to the ouerthrow of all true fligion and salvation, — for the prevention of so hajnous a crjme itt is therefore heereby ordered and enacted, that what pson or persons soeuer, professing the Christian religion, above the age of sixteene yeeres, that shall, within this jurisdiccon, wittingly and willingly, at any time after the publication of this order, deny, either by word or writing, any of the bookes of the Old Testa- ment, as Gennesis, Exodus, Levitticiis, Noumbers, Deutronomje, Joshua, Judges, Ruth, Samuell, Samuell, Kings, Kings, Chronickles, Chronickles, Ezra, Nehemjah, Esther, Job, Psalmes, Proverbes, Eclesiastes, Cantickles, Isayah, Jerremiah, Lamentacons, Ezekiell, Danjell, Hosea, Joell, Amos, Obadjah, Jonah, !Mica, Nahum, Habacuck, Zef)haniah, Haggay, Zeckariah, Jlalachj ; or New, as INIathew, Marke, Luke, John, Acts, Romanes, Corin- thians, Coriuthjans, Galatians, Ephesians, Phillippians, Colossians, Thessalo- nians, Thessalonians, Timothje, Timothje, Titus, Philemon, Hebrewes, James, Peeter, Peeter, John, John, John, Jude, & Revelation, to be the written and infallible word of God, or if any pson, as aforesajd, belonging to tliis jurisdic- con, shall coiiiitt the sajd crjme vppon the sea, not being or belonging to the jurisdiccon of any other coinonwealth, ^ shall be forthwith apprehended by the next officer or officers, whether marshall, or counstable, or their deiiu'% who shall have power so to doe by warrant from any one of the magistrates, and shall be coiTiitted to the prison at Boston, without bajle or majncprize, there to be safely kept till the next County Courte, where, vppon sufficjcnt teste- mony brought against the sajd delinquent, he shall be adjudged for his offence, after legall convictjon, to pay such a fine as the Court which shall have the cognizance of the crjme shall judge meete, not exceeding the soiiie of fifty pounds, or shall be openly and seuerely whijjt by the executioner, whether counstable or any other appointed, not exceeding forty stroakes, vnlesse he shall pvblicly recant before his sentance, (w'='' if he doe,) he shall not pay above the fine of tenn pounds to the Treasurer, for the vse of the coiiion- wealth, or be whipt in case he jjay not the fine ; and itt is further ordered & enacted, that if the sajd ofl'endor, after his recantation, sentence, or execu- tion, shall the second time publish, and obstinately and pertinaciously majn- tajne the sajd wicked opinion, he shall be banished or put to death, as the Court shall judge.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 79
Whereas itt appeares to this Court that there is much dcceipt vsed by 1 G 5 2. some bakers and others, who, when the clarkes of the niarketts comes to " * ' weiprh their bread, pretend they have none but for their ounc vse, and vet ,„ "^',
° i .■ ' •' To prevent de-
afterwards put their bread to sale, w* vppon trjall hath liinn found to light, ceipt in bakers.
— for prevention of such abuses for tjme to come, itt is ordered by this Courte
and the authoritje thereof, that all persons w"'in this jurisdiccon who shall
vsually sell bread, within doores or without, shall at all tjmes heereafter have
all their bread that they either putt to sale or spend in their liimilyes made of
assizes, markt, & yeelded to trjall of the aforesajd clai-kes, as is directed for
breade by order of Court, page 3, title Bakers, and vnder the pocnaltje therein
exprest.
*Itt is ordered by this Courte and the authoritje thereof, that if any per- [*T7.] son or persons, repayring to any public officer of this jurisdiccon to vjew any record or writing coiuitted to his charge, shall wittingly & willingly deface or rend any such record or writing, vj^pon coniplainte of such officer to any magistrate, and proofs by oath of the sajd officer, euery person so offending shall forfeite to the party concerned therein treble the daiiiage that might have ensued or accrewed to him or them thereby, and shall also be fined as much to the countrje, or suffer two months imprisonment, without bajle or majne prize, or stand in the pillory two bowers in Boston markett place, with Poenalty for a paper ouer his heade, in capitall letters, A Defacer of Eecords, the sjieciall or ^^^^^^ "^ '^"^ pticular punnishment to be determined by the next County Courte where the offence was coiuitted, and shall also stand bound to the good beha\iour during the pleasure of the Courte.
Forasmuch as diuerse inhabitants within this jiuisdiccon, who have long ProTicon for contjnewed amongst vs, receiving pteccon from this gouernment, have, as fidem4'^to • •wee are informed, vttered ofFencive speeches, whereby their fidellitje to this government. government may justly be suspected, and also, that diuerse straungers of for- raigne parts, of whose fidellitje wee have not that assurance which is commonly required by all gouernments, itt is therefore ordered by this Courte and the authoritje thereof, that the County Courts, or any one magistrate out of Courte, shall have power, and is heereby authorized, to rcquicr the oath of fidellitje of all setled inhabitants amongst vs who hath not already taken the same, as also to require this oath vnderwritten of all straungers who, after two months, have their abode heere ; and if any person shall refuse to take the resijective oath, he or they shallbe bound ouer to the next County Courte, or Court of Asistants, where, if he shall refuse, he shall forfeite five pounds a weeke for euery weeke he shall so continew in this jurisdiccon after his sajd refusall, vnlesse he cann give sufficjent securitje to the satisffaction of the
80 THE RECORDS OP THE COLONY OF
1652. Court or magistrate for his ficlellitje during his or their residence amongst vs ; ^~ '' ' the oath to be as foUoweth : —
26 May.
Yo", A B, doe acknowledge yourself subject to the lawes of this jui-isdic- con during your residence vnder this gouernment, and doe heere sweare by the great name of the euer living God, and engage yoxu'self to be true and faithfull to the same, and not to plott, contrive, or conceale any thing that is to the detrjment or hurte thereof.
Troopers liber- Itt is Ordered by this Courte and the authoritje thereof, for the encour-
agement of those who have or shall hereafter list themselves for troopers in any county of this jurisdiccon, that they shall have all priviledges formerly graunted still continewed, and that such souldjers listed, amounting to the nom- ber of thirty, shallbe accompted a troope, and have libertje of chojce and nomination of capt, left, and cornet, and quaitermaster, who, being allowed by the authoritje of the Courte, shall stand by coiiiission, and all other inferior officers to be chosen by the company, and established by the cheife coiiiander of the troope, and that all such troojjers shall keepe a good horse, and well fitted with sadle, bridle, holsters, and pistolls, or a carbjne and sword, and having listed his horse, shall not alter nor put him of without licence from the coriander in cheife, and the sajd troope shallbe excercised according to lawe. [*78.] *'VVhereas it hath binn evidenced vnto this Courte, that much daiiiage hath
To prevent the formerly arisen to merchants tradius: hence by bade making of fish, and the
abuse in bad •' o J o '
making of fish, creddit of our trade therein hath much suflfered, tending to the prejudice of
our commerce with other nations, itt is therefore ordered and enacted by this Gennerall Courte and the authoritje thereof, that at euery ffishing place within this jurisdiccon, some discreete and honest pson be appointed by the County Courte vnto which such fishing place doth belong, and those psons so nomi- nated and appointed are by this Courte impowred to give the oath heereafter expressed vnto such persons as shall be chosen by the deliuerers and receiv- ers of any fish, who have libertje hecreby, either of them, to choose one or more sufficyent and knowing men in such cases to vejw what fish is deliuered and recejved, which vejwers shall be sworne as aforesajd, and w'hat they ap- proove of as marchantable the receiver shall accept, and what is refuse fish shall be cast by ; and the sajd vejwers, for their labor and pajnes aforesajd, shallbe allowed one penny p quintall for so much marchantable fish as he or they shall vejw, to be pajd, one halfe by the deliuerer, the other halfe by the receiver ; and for further dii-ection to the vejwers in trjall of fish, itt is heereby
THE MASSACHUSETTS BAY IN NEW ENGLAND. 81
ordered, that all sonne biuuit and di-y fish that hath biiiii fii-st pickled shall 16 52. be judged marchantable. ^' "^
26 May.
The vejwers oath.
Yow doe swearc, &(5, that yow shall jmpartially vcjw such fish as is pre- Tlievcjwere seiited before yow, and determine what parte thereof is marchantable, and what parte is refuse fish and vnmarchantable, according to yoiu' best skill, knowledge, and judgment. So help you God, &d.
Itt is ordered & enacted by this Courtc and the authoritje thereof, that All civiU ac-
. , . '11 r * •!! 1- n 1, cons to be trjed
after the eud of this ^sent session, all accons oi a civill nature shall be wthoutjurjes, trjed in all Courts within this jurisdiccon by the judges of the sajd Courte ""'^«^«> *"• without a jury, except it be desired by plaintiff or defendant, in which case it shall be graunted ; provided, that the partje that shall desier a jury shall pay the charges of the jury, viz., twenty shillings for euery accbn, to the clarke of the Courte, at the tjmewhen he makes knowne his request; and itt is ordered, that jurors for the trjall of such cases as aforesajd may be taken out of the three or fower next towiies onely, notwithstanding any former lawc or order to the contrary, which sajd twenty shillings shall be assessed in costs vppon the party against whom judgement shall be awarded in all County Courts, or Courts of Assistants ; and if any person desier to have a jury in speciall Courts, he shall pay the jurors fower shillings a day, as in that lawe is pvlded ; and for the more orderly proceeding with and without jurjes in one and the same Courte, itt is ordered, that such as desier to have their cases trjed by jurjes shall give notice thereof to the secretary or clarke of that Courte where the accon is to be trjed fower dajes inclusively before the Court, to the end that a jury n»y be provided ; and the sajd secretary or clarke shall enter such accons the day before the Courte, or on the first day of the Courte, before the set- ting thereof, that so they may be first trjed, and the jury discharged; and the partjes whom it may concerne shall take care for the timely paying of the en- try of the accbn and chardges of the jury, at their perrill.
*Itt is ordered, and by the authoritje of this Courte enacted, that no person [*79.] shallbe indited, presented, informed against, or complajned of, to any Coiute An act for lim-
itaconof indit.,
or magistrate within this jurisdiccon, for the breach of any poenal lawe, or any compi-"", &c. other misdemeanor, the forfeiture whereof belongs to the countrje, vnlesse the sajd indictment, presentment, information, or complajnt be made and exhibitted within one yeere after the offence be coiuitted ; and if any such presentment, indictment, information, or complaint be not made within the tjme limited, then the same shall be vojde and of none effect ; provided alwajes, that this lawe
VOL. IV. P.VKX 1. 11
82 THE KECORDS OF THE COLONY OP
shall not extend to any capitall offences, nor any crjmes that may concerne losse of member or banishment, or to any treasonable plotts or conspiracjes against the coiuonwealth, nor to any felloujes above tenn shillings ; nor shall it hinder any pson greived for any wrong donne to him or his wife, children, or servants, or estate, reall or personall, but that eucry such person shall have such remedjes as formerly he might and ought to have. Further, it is ordered, that this lawe shall not take effect till after the first of September next.
For p'ventiou For the better pvention of theft, a sinne of late much growing vppon
vs, and whereas the former lawes against theft hath only provided for the dainage of the wronged partje, itt is therefore further ordered by this Courte and the authoritje thereof, that what person soeuer shall steale fi'om any person any cojne, goods, or chattels, to the value of tenn shillings or vpwards, shallbe whipt, or pay such a soihe or soiiies of money as the Courte or magistrate that hath propper cognizance thereof shall adjudge to be sufficjent to sattisfy all costs and charges of the Court and coimtrje in prosecuting and trying the sajd of- fender, to the vse of the coiiion treasury ; and for smaller thefts, it is left to the discretion of the judge or judges, that shall have cognizance of the crjme, to appoint smaller mulcts or punnishments, or only legall admonition, as they shall finde cawse ; and further, itt is declared and ordered, that when any goods are stoUen fi'om any person, the counstable of the toune, by warrant from au- thoritje, shall search for the same in any suspected places or howses, and vppon search or otherwise, if he shall finde the same or any parte thereof, or any ground of suspition appearing to the officer, he shall bring the delinquent or suspected party to a magistrate, to be proceeded with according to the lawe ; and if any person having goods stollen from him shall privately receive his sajd stollen goods, (except the fact be private, or coiiiltted by some member of his oune family,) and so smother the theft, and shall not legally prosecute the offender, he shall forfeite to the coiuon treasury the goodes or chattells so received, or the true value thereof.
Negative vote Whereas there is a manifest & inconvenient mistake in the penning of
the order, title Gennerall Court, page the 8'* of the last printed booke, that leaves all or most of the cases formerly issued in the Gennerall Court doubt- full & vncertajne, and takes away the negative vote, both of Magis'** and Deputjes, in making lawes, as well as in cases of judicature, which was not intended, much lesse consented to, itt is therefore ordered, that for tjme to come, if there fall out any difference betwixt y"" Magistrates and the Deputjes, in any case of judicature, either civill or criminall, it shall be determined by y" major pt of the whole Court, and the forenientioned lawe is hereby repealed.
in vse agaiDe.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 83
*Whereas some chvelling liowses and other howscs within this juris- 16 5 2. diccbn have been sett on fire, and tlie meanes or occasion thereof not ^ '^ ' discouered, thougli some persons have binn vehemently suspected to have binn instrumental! therein, the Court, taking into consideration the dain^cer of such „
° ° Burning of
a wicked enterprise, especially in tonnes where the howses are nccre adjoyn- bowses mado ing, and there being no lawe yett provided for the punuishment of so hejnous a crjme, doth therefore heereby order, and bee it enacted by the authoritje of this Courte, that any person or persons wliatsocucr, of the age of sixteene yeeres and vpwards, that shall, after the publicatjon heereof, wittingly and will- ingly set on fire any barne, stable, mill, oiithowses, stacks of wood, corne, or hay, or any other thing of like nature, shall, vppon due conviction, by testemony or confession, pay double daiiiages to the party damnified, and be severely whipt. And if any person, of the age aforesajd, shall, after the pul)lication heereof, wittingly, willingly, and ffelloniously sett on fire anj' dwelling bowse, meeting house, storehouse, or shall, in like manner, set on fire any outhowse, barne, stable, leantoo, stacks of hay, corne, or wood, or any thing of like nature, whereby any dwelling house, meeting howse, or store liowsc comes to be burnt, the partje or partjes vehemently suspected thereof shallbe aphended by warrant from one or more of the magistrates, and coiliittcd to prison, there to remajne, without bajle, till tlie next Court of Asistants, who, vppon legall conviction by due proofe or confession of the crjme, shall adjudge such a person or persons to be put to death, and to forfeite so much of his lands, goods, or chattels as shall make full sattisfaccon to the party or partjes damifjed.
Whereas there is no tjme exprest by lawe when the counstables watch Addition of shall beginne and end, itt is therefore ordered and enacted by the authoritje counJtable to of this Courte, that henceforth all coimstables watches in euery tonne within ^''" 5' ™='*ch, this jurisdicction shall beginne the first of May, and shall not end till the last of September, vppon the pajne or poenaltje of five pounds, to be levjed vppon euery counstable neglecting the same. And it shallbe the speciall care of euery counstable to see that the M'atch be so warned that it may not consist of all or the greater parte of youths, but that able men be joyned with them, that the watch be a sufficijent watch ; and the selectmen of Boston, Charles Toune, and Salem shall have power to give order to the counstable to beginn iiis watch sooner, and to contjnew them for longer tjme, as they see occasion.
Itt is ordered, that noe maltster or maker of malte, after publication heereof. For cleansing shall deliuer or passe away any malte, by him or his procurement made, be- fore it be cleansed from the dust and taile which arises in the malting, drying.
84 , THE RECORDS OF THE COLONY OF
1652. find ordering of it in his hands, on poenaltje of twelve pence p bushell, ppon legall conviction before any magistrate or Courte, one lialfe to the in- former, the other halfe to the countrje. Resolution of a Itt being put to the qusestion, whether a psou convicted of tln-ee seucral]
coiivicc^of' '* offences of drxnickeness, and neuer convicted before authoritje before the last drunckenes, time, shall be fined above thirty shillings, the Conrte resolved it on the negative. [*81.] *Itt is ordered, and by the authoritje of this Courte enacted, that the
To prevent de- printed order about mony shall be in force vntill the first of September next,
ceipt & abuse c i p • o
in mony. and no longer, and that from and after the first of September next the mony
heereafter appointed and expressed shallbe the current mony of this coinon- wealth, and no other, vnlesse English, (except the receivers consent therc- vnto.) In pursuance of the intent of this Courte heerein, bee it farther ordered and enacted by the authoritje of this Courte, that all persons what- soeuer have libertje to bring in vnto the mint howse at Boston all bulljon, plate, or Spannish cojne, there to be melted and brought to the allay of star- ling silver by John Hull, master of the sajd mint, and his swornc officers, and by him to be cojncd into twelve penny, sixpenny, and three penny peeces, •which shallbe for forme flatt and square on the sides, and stamped on the one side with NE, and on the other side with the figure xii*, vi*, & iii, according to the valew of each peece, together with a privy marke, which shall be ap- pointed euery thi-ee mouths by the GoQno'", and knowne only to him and the sworne officers of the mint ; and further, the sajd master of the mint aforesajd is heereby required to cojne all the sajd mony of good silver, of the just allay of new starling English mony, and for valew to stampe twopence in a shilling of lesser value then the present English cojne, and the lesser peeces proportionably. And all such cojne as aforesajd shallbe acknowledged to be the currant cojne of this coinonwealth, and passe from man to man in all pajmcnts accordingly, within this jurisdiccbn only. And the mint master, for himselfe and officers, for their pajnes and laboiu- in melting, refyning, and coynning, is allowed by this Courte to take one shilling out of euery twenty shillings which he shall stampe as aforesajd ; and it shall be iu the liberty of any person who brings into the minthousc any bulljon, plate, or Spannish cojne, as aforesajd, to be present and see the same melted, refined, and allajed, and then to take a receipt of the master of the mint for the weight of that which is good silver, allajed as aforesajd, for which the mint master shall de- liuer him the like weight in currant money, viz., euery shilling to weigh threepenny trojweight, and lesser peeces proportionably, deducting allowance for cojnage, as before expressed. And that this order, being of so great
THE MASSACHUSETTS BAY IN NEW ENGLAND. 85
concernment, may not in any pticular thereof fall to the ground, itt is further 1 G 5 2. ordered, that jNI"' Eichard Bolliugham, M' Williajn Ilibbens, M"' Edward Raw- ""■ > '
. 26M;iv.
son, Capt Jn" Lcueret, and M' Thomas Clarke be a comittee appointed by this Court to appoint the mint howse in some convenjcnt jjlace in Boston, to give John Hull, master of the mint, the oath sviiteable to his place, and to ap- proove of all other officers, and determine what else shall appcare to them as necessarily to be donne for the carrying an end of the whole order.
Whereas captajnes, lejvetennants, and ensignes have binn hitherto ex- Sarg" excmp- empted by lawe from counstables watches, itt is ordered by this Court, that gt^^^les watch- lienceforth the sargeants of the seuerall companjes shall have the like libertje '^'• to be freed from counstables watches.
*Forasmuch as many testimonies and evidences brought into the seuerall [*82.] Courts of this jurisdiccon are not only badly written and false English, so that Evidences to be
f:iirely written.
no man cann scarcely reade or make sense of them, but are presented to the Courte in such- smale scripts and slurred paper, and so sojled, that is most vnseemely for any person to Jpsent, or for a Court to receave, to file them vp for evidences, itt is therefore ordered by this Courte and the authoritje thereof, that euery Court, magistrate, and coiHissioncr shall and is heereby impowred to order and regulate the same.
The Courte being informed that seuerall persons gave in their votes for Chojce of offi- the chcjce of capt, left, cornet, and other officers for the troope of horse in the troope of horse county of SufFolke, who were not freemen, nor had tooke the oath of fidellitie, '""^ county of
■' Suttblke.
they cannot approove of such, their chojce being contrary to lawe. Itt is there- fore ordered, that the seuerall troopers shall proceede to a new election of capt, left, cornet, quarter master, &d, and present such persons that shall be legally chosen to the next County Court to be confirmed and approoved of
"Whereas there is but one prison in all this jurisdiccon, and very incoli- A new prison
. . to be built at
vcnjent to send persons from all partes of the countrye when there is occasion ipswich. to the same, itt is therefore ordered, that there shall be another prison erected and built at Ipswich, and that there shall be allowed by the countrye forty pounds for the effecting thereof, and the worke to be carrjed on and mannaged by the select men of the sajd toune of Ipswich.
Itt is ordered by this Courte, that the chojce of a sargeant majo"" for the Chojeeofs'g'
. niaj' of Suf-
regiment of the county of Suffolkc be suspended vntiU after the next session fpu^g suspend- of this Court.
In pursuance of the late imitable pra^sident of the Parljament of Eng- Coinittee to land now being for the setling of a counsell of trade in this jurisdiccon, ^^^^ ^f hoping that, through Gods blessing, wee also may reape the like bennefitt "''"^"'■ thereby that they by very great experjence have found, that that right which
86 THE RECORDS OP THE COLONY OF
16 52. is now im prisoned iu private breasts niiglit be drawn forth for publicke vse
" ^ ^ when by such good meanes the way is methodized tliat euery man may knowe
26 Mav. , , , , T 1 • T " 1 •
whether, anil to wnome, and at what tjmes to come to discouer thejre grciv-
ances, and to advise of meanes for remedje, as also to propose Ifteir seuerall
ingenuous wajes for the promoting of trade, itt is therefore ordered, that M''
Eichai-d Russell, M'' Nathaniell Duncan, IP Thomas Broughton, M"^ Niccolas
Davison, M'' Thomas Clarke, and Capt Thomas Savage shallbe the counsel 1 to
consider of all sorts of tradeing, and to consult about the hest wajes of im-
l)rooving the same, and to mecte together in some place in Boston or C'harles
Toune, where themselves shall apj)ointe, and having agreed of such things as
they conccave to be good and proffittable for the advance of tradeing, to jji^cscnt
the same to the next session of this Courte to be approovcd of, if they see it good.
[*83.] *Whcreas the right ordering and setllng of the militja of this coiiion-
Militia regul.i- -wcijtli 'm of great concernment vnto the wcllbeing thereof, and that a time of
tions.
peace, through the good hand of God, gives liberty therevnto, itt is therefore ordered by this Courte, and the authoritje thereof, that no company of soul- djers in any tounc within this jurisdiccbn, except those already allowed of, shall be accompted a foote company, to enjoy the privilydge of election and nomination of capt, left, and ensigne, or any of them, vnlesse they be com- pleately full, to the noumber of sixty fowcr persons, besides such officers to be chosen ; and that in all tonnes and places where there is to that noumber of sixty fower psons listed, and by lawe tjed to attend all ordinary trajnnings, they shall be accompted a foote company, and enjoy those privilcdges ; and where there is, or shallbe, a lesse noumber then above sj)ecificd, they shall have libertje to choose sargeants and other inferior officers, which, being so chosen, shall instruct those souldjers, and trajne them in the vse of amies eight dajes in the yeare ; and the major's of the seuerall regiments shall have power to order and regulate the smaller tonnes, and to joyne them into one compleate company, which shall have libertje of the chojce of all officers, as aforesajd. And itt is further ordered by this Courte and the authoritje thereof, that all Scotchmen, Negroes, and Indjans inhabitting with or servants to the English, from the age of sixteene to sixty yeares, shallbe listed, and are heereby enjoyned to attend traynings as well as the English, and that euery company shall have two druiiiers. Itt is further ordered by this Courte and the authoritje thereof, and be it heereby enacted, that where, in any tonne or plantaoon within this jurisdicction, the noumber of trayned souldjers listed, and by lawe arc liable to attend constant traynnings, shall arise to the noum- ber of two hundred men, that then such sou.ldjers shallbe divided into two companjes ; if to three hundred, then to divide into three companjes ; and so
THE MASSACHUSETTS BAY IN NEW ENGLAND. 87
proportionably ; and that the seuerall companjes of the sajcl toiinc or planta- tion shall have liberty of chojce and nomination of all their officers in their seuerall companjes, as above specified, according to former lawes in that case provided ; and that all such officers, together with the majo'"s, nominated and approoved of according to lawe, shall have coiiiissions from the Gcnnerall Courte for the holding their places, and excercisiug of their duty in their seuerall charges. And whereas diners farmers and other inhabitants have their dwellings at such distance as that they cannot attend the traynlng with the companjes in the tounes whereto they doe belong, the cajjtajnes vnder whose coiiiand they be, their dwellings being three miles distant fi'om the meeting howse of such tounes, may appoint that such souldjers, if tliCT' be twelve or more in noumber, be trajned six dajes in the yeare by some officer of the company, in such place or places as the sajd farmers and inhabitants may meete in; and that the sajd farmers and inhabitants shall trajne twice in the yeere with the company to whom they doe belong. Itt is further ordered Farmers 3 by the authoritje aforesajd, that all the militia of Boston, both infantry and fjomtraine- ereat artillirv, till the Gennerall Courte or counsell of the countrve cann be '"^''^ j>vided
° - ' -for.
assembled, shallbe ordered by a coinittee of militia, which shall consist of the magistrates in the sajd toune and the three cheife millitary officers inhabitting in the sajd toune, whether of the regement or companjes, who shall have a coiiiissiou from the Gennerall Courte of the like tennor Major Edward Gibbons had graunted anno 1645. And itt is further ordered, that the sajd coinittee of militia shall have power to appoint a millitary watch, *when they shall see [*84.] cawse, for the safety of the toune and countrje ; and in all emergent cases, any three of them may acte when, due meanes being vsed, a greate noumber cannot be assembled. Itt is further ordered by the authoritje aforesajd, that Charles Toune, Salem, and Ipswich shall have a like coinittee of militia, who shall have like powers by coiiiission. And for all other tounes within this jurisdiccbn, where there is one or more magistrates, the said magistrate or magistrates, with the three cheife millitary officers, shall have the power of the militia of the sajd tounes ; and in the tounes where no magistrate hath his abode, the deputy or deputjes, chosen by the sajd toune or tounes for the Genn" Court from time to time, w"* the 3 cheife millitary officers of such toune or tounes, or any three of them together, shall have power as the coinittee of mihtja for the sajd toune or tounes, who shall have power of coun- sailc for tlie best ordering of the militia of their seuerall tounes, till the Gennerall Coiut or counsell of the countrje cann be assembled, and vppon all occasions of alarums, or any invasion, to strengthen their quarters, and to oppose any approaching or assayling of them in a way of hostillitje, by bearing of
88 THE RECORDS OF THE COLONY OF
amies in. companies, or refusing, vppon such approaches, to come vnder coinand, or give accomjDt what they are, and wherefore they are in such pos- ture. Further, euery such coinittee of miUtja in any toune witliin this juris- diccon, where any alarum shallbe given or received, or shallbe assayled, as aforesajd, is, by the authoritje aforesajd, required with all possible speede that may be to give intelligence to the next magistrate and the majo"' of the rege- ment, where such alarum is taken or assault made, of the reason thereof, and state of the place so assayled. Further, itt is ordered by this Courte and the authoritje thereof, that there shallbe the continuance of regementall ofheers in the seuerall countjes vnder the title of majo"', -who, in times of peace, is to attend his duty and exercise of power, as enjoyued by lawe, title Millitary, page 39. And in case of alarum or any assault vppon any quarter within his regement, he shall have power, and is hereby required, to send forth to procure intelligence of the state of any place so alariimed or assayled, and to order asistance to them from any othe companje or companjes of his regement, as the case shall requier ; and that the niajo"^ shall give constant intelligence to the Gouero'^ or counsell of the countrje, and major gennerall, of the state of the matter with all convenjent speede. Itt is further ordered by the authoritje aforesajd, that no majo'' of any regement shall march with his regi- ment out of the county wherein he hath coinand, nor cawse any pte thereof so to doe, without order from the Gennerall Courte, counsell of the countrje, or majo' gennerall, except it be in pursuite of the ennemy vppon a rout ; and in case of death or absence of the major, the eldest capt to supply his place, till a new be chosen.
Comissionfrom Whereas yow are chosen and allowed by the authoritje of this coiiion-
C rt^^o" wealth to be sarg' major of this regiment of ^ these are
s'g' major. therefore to will and require yow to take care and chardge of the sajd regiment, as sargeant majo'', and dilligently to intend the service thereof, and to excercise youi' inferior officers and souldjers, in peace and warr, according to lawe, coinannding them to obey you as their sargeant majo"^, for the service of this coiuonwealth ; and yow to observe and obey such orders and directions as from tjme to tjme yow shall receive from the major generall, or other superio' officers, or authoritje of this coiiion-wealth, according to lawe.
The like comission the Gennerall Court graunts to capt, left, & ensignes, the names only altered, as in y* origiuall copies appeares. L 00. J *The Courte doth with all thankfullnes acknowledge the good service of
GoQnors gratu- .
itje. John Endecott, Es^, the pisent honnord Gouernor, in respect oi his great care
THE MASSACHUSETTS BAY IN NEW ENGLAND. 89
and faithfullnes in the discliarge of that trust which was coiiiittcd to him the last yeare, and doe, in the behalfe of the countrje, render him harty thanks for the same, and desire his kind acceptance of one hundred markes, as a slender mannifestacon of their due respects vnto him, vntill they shallbe better enabled to declare it, vf"^ is ordered shall be pajd vnto him by the Treasurer out of the next countrje rate.
Itt is ordered, that Capt Leueret, Cap? Leivt Norton, and M' Edward Coffiittee to Jackson shall be a coinittee to take the Treasurers and auditor gennerall ^^^^^j^^^^ accoumt, and make report thereof to the next session of this Courte. *<^'"''-
In ans" to the peticou of INI'" Sjmou Aires, craving allowance for his M' Aires paines and medicine expended on M'^^ Cole and one John Sjmons, by the en- ''^ couragement of the Magis'^ of the County Court in Boston, the Courte doth graunt and order, that the Treasurer shall allow and pay vnto the sajd M' Aires the seine of nine pounds six shillings out of the next countrje rate, as his recompence for the same.
Whereas it appeares to this Courte, vppon good information, that it is Coinittee about necessary that some care be taken concerning the Castle and the needefuU reparation thereof, itt is therefore by this Courte ordered, that Capt Daniell Gookin, Majo"^ Gennerall Robt Sedjuke, Capt W"" Hawthorne, Cap? Leiv? Frauncis Norton, Cap? Jn° Leuerett, Leivt Thomas Clarke, John Johnson, Survejo'' Gennerall, Cap? Humphry Atherton, Cap? Edward Johnson, and Cap? Eleazer Lusher, or any seven of them, shall be a coinittee to consider what is necessary to be donne concerning the sajd Castle, and to make retourne of what they conceave concerning the same, at the next session of this Courte.
In ans'' to the peticSn of Dorothy Pester for releife, having waited w"" Ans' to M" patience tenn yeeres for the retourne of hir husband, W"" Pester, and vsing pgticon. all meanes, not hearing for y" last five or six yeeres whether he be dead or alive, nor receaving ought from him, desiring shee might not still be held in sucii bondage, the Court doth graunt the peticoner libertje to marry when God by his providence shall affoord hir an oppertunitje.
In ans"^ to the peticbn of the inhabitants of Maiden, the Courte doth ThoSkinerto
^ . . . keepe an or-
graunt libertje and licence to Ihomas bknmer to keepe an ordinary there, m ajnary at the roome and stead of John Hawthorne, who was formerly licensed there. Maiden.
Cap? Willard, M"" Richard Griffjn, & Thomas Brookes are hereby author- 3 men to end
smale ca\vse3
ized to end smale cawses at Concord. at Concord.
In ans"' to the peticon of Thomas Hawley & Dorothy, his wife, late the Ans' to The.
Hawlej'3
wife of Thomas Lambe, of Roxbury, cra\'ing this Courts confirmation and peticon. allowance of their sale of fiveteene accres of laud to W" Parkes, the sonns of
VOL. IV. PART I. 12
90
THE KECOKDS OP THE COLONY OF
1652.
26 May.
[*86.]
Ans' to M' Hills peticon.
Ans' to Sud- bury peticon.
Ans' to M'
Hubbards
peticon.
27 3«», 1652.
The Courts acceptance of M' Mathews acknowl- edgm", &c.
M' Danforth
recorder of Midlesex.
Ans' to the
vintners
peticon.
Ans' to M' Pattcshalls peticon.
Strawbe'y Bancke Court.
the sajd Lambe having received sattisfaccoii for their ]5ts, the Courte doth allow thereof, and confirme the same to the sajd W" Parkes.
*In ans'' to the peticon of M'' Josejih Hills & Hannah, liis wife, the Courte doth graunt their peticon, viz., a confirmation of the howse and land men- tjoned in the peticon, and further impowres the peticoners to make sale of such land as yett remajnes vnsould, formerly the land of ^i'^ Edward Mellowes, by the consent and advice of M"" Buckley, (pvided sattisfaccon be made to the children of M"^ iSIellowes, according to what the land shallbe sould for above what it is aj)prised in the inventory.)
Itt is ordered, that the secretary shall deliuer the booke of records of lands, sales, aljenations, &d, to the deputy of Sudbury, which concernes that toune, that so tlrey may deliuer the same to the recorder of their oune county.
In ans'' to the peticon of 'M.'' W"" Hubbard, the Courte doth graunt the sajd M'' Hubbard one hundred acres more, to be added to the fewer hundred acres formerly graunted to him, and all the five hundred acres to be lajd out by Joseph Jewett and John Gage, of Ipswich, on the north side of the bounds of Hauerill, and within two miles of their vtmost Ijne.
The messengers of the churches of Charles Toune, Cambridge, Lynne, and Reading made their retournc w"' reference to the Courts order of theii late dealing w"' M"" IVIathewes, and the successe thereof.
The Courte, having pcrvsed M"^ Mathewes confession, and considering the sattisfaction tendered by him, and finding it not to be such and so full as might be expected, yett are willing to accept of it at present as to passe it by j and for the remittment of the churches and pastors fines, they see no cawse to graunt their request therein, the countrje being putt to so great trouble, chardges, and expenses in the hearing of the cawse.
Itt is ordered by this Courte and the authoritje thereof, that Thomas Danforth shall be the recorder for sales of lands and mortgages for the county of Midlesex.
In ans'' to the peticon of Robt Long, Willjam Phillips, W"' Hudson, & Eofet Turner, for liberty to advance the prize of wines, that so they may not still be loosers, litle wines coming in, the Court thinks it not meete to graunt their request, but pforme their bargaine, for if much more wines had come in, the gajne thereof would have binn theu-es, &(3.
In ans"^ to the peticon of M"" Robt Patteshall, the Coiu-t graunts his re- quest, viz., that the five pounds taken from him by the counstable of Boston be restored to him againe by the Treasurer.
In ans'' to the peticon or letter of M"^ Brjan Pendleton, in behalfe of the
' Y
27 May.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 91
inhabitants of Strawbery Banckc, tlic Courte is willing to consider of their en- 1 6 .5 2. largment when they propound any thing to consideration, and doe order, that Rich Bellingham, Es^, and M'^ Pendleton, w"> the judges of Doner Courte, shall keepe Court at Straweberybancke till the inhabitants of Strawberry Bancke doe present such persons that have taken the oath of fidellitjc to this Court, to be allowed and confirmed.
*In ans' to the peticon of John Ilauthornc for the remittment of his halfe [*87.] yeeres rent for drawing of wjne, &(5, the Court doth graunt that he shall only 2*"' ^''52. pay after the rate of ffiffty shillings p butt for what he hath drauue to tliis time.
In ans'^ to the peticon of Arnold Elzay, for the rectifying seuerall abuses Ans' to Arnold in making of fish, the Court hath made a lawe, w"^"", being pformed, will ans"' the ends proposed.
In ans"' to the peticon of M' Robt Knight, the Courte doth graunt the Ans' to Rob' peticoner three hundred acres of land in full sattisfaction for what he desires £„„_ in his jjeticon, where he cann finde it according to lawe, which if he shall refuse to accept of, he shall have further ans'' the next session of this Court.
In ans"' to the peticon of the proesident and fellowes of Harvard Colledge, Courts ans' to
yo nrGsidcnt
for the reniooveall of soundry diiHcultjes and obstruccons in payments assigned ^^^ ffeiiows of
vnto them by the countrje, and that such course maybe taken as the ruinous p .^T
and streightned buildings of the colledge maybe enlardged and repajred, the peticon.
Court, considering the care the coinissioners of the Vnited Collonjes took at
their last meeting for the advauncement of learning, &<3, sending into England,
that, if it might be, some heljoe miglit be procured from the corporation out
of such money as it collected there, judge it meete to resijitt the answer to
this peticon vntill wee heare irom England ; in the meane tjme, the ourseers,
president, and ffellowes of the colledge are desired to write to the elders of
the seuerall churches, that they may, withall convenjent speed, comend it to
the consideratjon of the tounes where they dwell for a voluntaiy contribution,
that so there may be a speedy reparation of that w* psent necessity calls for
to be done.
In ans'' to the peticon of Elizabeth Fairefeild, ffor the taking of, or re- Ans' to mittment of, that parte of the Courts censure that enjoyncd hii- husband, Fairfeiids Daniell Fairfield, to weare a roape about his neck, the Court graunts hir P«'"^'">- request.
In ans' to the peticon of Edward Burt, the Court doth graunt that the Ans' to peticoner shall have liberty to make sake after his manner, and none other peticon. after the same way, for tenn yeeres, so as the peticoner flfollowes this imploj- jn;nt, and doe order the secretary shall write a letter to Glocester to desire
92
THE RECORDS OF THE COLONY OF
Ans' to Margery Elliotts peticon.
Alice, yp "Welch •woman, to be sent to Eng- land.
[*88.]
Power of ad- ministracon to y" estate of Eliz. Goodale, formerly grn' to Abraha. Topau & Eliz. Lowle, con- firmed & re- newed.
Highway be- tweene Red- ding & "Winni- semett to be lajd out. Vide p» 156.
Counstable of Hamptons power to repay Koger Shaw 8", &c.
them that the peticoner may sett dovme his saltworke at the very cape, where there is both wood and water fitting for that worke, without any inconvenience to y" toune, but will rather be a bcunefitt to them.
In aus"^ to the peticon of Margery Elljott, itt is ordered, that the adminis- trato''s of Samuel Shermans estate give in their accompt to the next Coimty Coiu't of the sajd Shermans estate, that so the Court may take order to secure the childrens portions, and then this Court may give fui'ther axis' therevnto.
In ans' to the peticon of George Munnings for the disposall of Alice, the Welch woman now iu prison on suspition of firing a howse, itt is ordered,v that the sajd Alice shall be sent to England, to retourne to hir native countije, at the countrjes chai-ge.
*In ans"^ to the peticon of Abraham Toppan, in right of Susan, his wife, & Thomas Milward and Richard Lowle, oQseeres to the last will of Elizabeth Lowle, and on hir behalfe humbly desiring that, as this honnored Court, on their peticon in the yeere 1647, did graunt vnto the sajd Abraham Toppan, in right of Susan, his wife, & to Elizabeth Louie, execcutrix to the estate of hir husband, John Louie, power of administration to the estate of Elizabeth Goodale, their mother, amounting, as p inventory, to the value of one hun- dred ninety one pounds, odd mony, excepting some goods, w"^*" amounted to thirty pounds or thereabouts, w'='' this Court reserved liberty to John Goodall any time w^'in three yeeres to make challendge therevnto from that time ; so now, that time being expii-ed, & no record found of the Courts graunt, that this Court would be pleased so to order it that the graunt above mentioned may be entred in the Court reccords, and stand firme to all intents, as if it had binn entred at the time above mentioned. The graxmt above mentioned being fi-esh in the remembrance of the ^sent secretary & seuerall deputjes, the Court graunts the petiooners their request.
Whereas this Coiu-te did long since appointe soundry persons to lay out the highway from Eedding to Winnisemet, which is not yet determined, & some of the persons mentioned in the sajd order are dead, and forasmuch as it was ordered by Cambridge Court that it should be forthwith donne by the tounes of Redding and Maulden, itt is now ordered by this Courte, that the laying out of the sajd highway shallbe donne by the tounes of Redding and Maiden, according to the lawe in that case provided, any act of this Court to the contraiy notwithstanding.
Whereas the survejor gennerall did arest Roger Shawe, of Hampton, for eight pounds for a barrell of powder which was due from the toune of Hampton, and the sajd Roger Shawe did acknowledge a judgment for the same, this Courte doth order and require, and give full power and authoritje
THE MASSACHUSETTS BAY IN NEW ENGLAND. 93
t3, the couustable of Hampton for the pajment of the aforesajd some of eight pounds, together w"' two sliilling .sixcpeuce for entry of the poticon, and also so much more as may defray the charge of transporting the same to the sur- vejor gennerall aforesajd, vnto the sajd Roger Shawe, w"'in thirty dajes after notice given, and that in corue or catle at prise current.
Itt is ordered by this Court, that Capt Bozoone Allen and Ensigne W™ Comittee to Davies shall be a coiiiittee to consider of all the defects that are found in the l^'^'^'' ^ ? "^^^
m tanning
tanning of leather, and to present such wajes and meanes to the next sessions leather. of this Court as may pbably prevent all manner of abuses concerning the same.
In ans'' to the peticou and coniplainte of Thomas Danforth, recorder of Ans' to Tho. the comity of !Midlesex, complayning against George Bowjers, of Cambridg, for petiSon. rending a deed coiiiitted to his trust, with scuerall articklcs, betweene the sajd George Bowjers & Benanuell Bowjers, his sonnc, the Court, by warrant, sent for the parties, who appearing, after the Court had heard the cawse, they determined that the sajd Bowjers should be bound to his good behaviour, w"** he acknowledged, to be in tenn pounds, till y" next County Court at Cam- bridge, and should pay eight shillings cost for wittnesses in the case, and two shillings sixe pence for entring the peticon, & 2' 6'^ for y" evidences, and the artickies and deed written out, & declaa-ed, & ordered to be firme to all intents and purposes to the sajd Bennanuell Bowjers, as they were before the tearing thereof.
*George Bowjers, of Cambridge, being complajncd on for putting in a [*89.] vote on the eleccon day for the Gouernor, acknowledged the fact, not only George
. . Bowjers fined
this j^eere but euery yecre since he came into these pts, pleaded ignorance lo". of ^ Itt is ordered, that the sajd George Bowjers, for his offence therein, shall pay the soine of tenn pounds.
In ans'' to the peticon of Jn° Warner, the Court judgeth it not meete to Ans'to Jn» take of his bannishment, but graunts him libertje to transport himselfe and pptij,,,, family for England from any of oui- ports, when occasion shallbe presented ; provided, that vppou his coining to Boston, or any other of our ports, w"' his family, for transportacbu, he shall forthwith take vp his aboadc in the shipp, and thence not to come forth vntill his departure, except vppon vrgent occasion, for his vojage, by order of two magistrates.
Concerning the north lyne of this jurisdiccon, itt was this day voted, 31 3««, (.52.) vppon pvsall of our charter, that the extent of the Ijne is to be from the North ijne of
our patent.
northermost parte of the Riuer Merremacke, and three miles more north, where it is to be found, be it a hundred miles, more or lesse, from the sea, and thence vppon a streight Ijne east & west to each sea.
94 THE RECORDS OF THE COLONY OP
1652. There being an accbn coiiienct by M'' Joseph Mason, agent or attourney
' "< ' of M" Ann Mason, sole executrix of Capt John Mason, ag"^' M"^ Eichard
31 May. - ■ ^ . „
M' Mason & Leader, at a County Court in Norfolk, in an accon of trespasse on the case M' Leaders ^qj. buildiu^ and erectiuEf certaine howses on their lands at Newitchawannoke,
triallab'an ....
accon of tres- in the province of Majne, &^, the partjes there appeared, & the sajd Court ordered, on consideration of a coiiiission graunted to seuerall select members of this jurisdiccon, by the Gennerall Court, to clame and order certajne lands to the eastward, whereof this is a parte, together w"* the plea, both of plan- tiffe and defendant, the one denying the land in controuersy to be w^'in this jurisdiccon, & so the accon not belonging to the cognizance of that Court, the other affirming & pleading the accon to belong to the cognizance of the Court, referred the consideration of the case to the next Gennerall Comte, and ordered the psoas to attend their cawse the 3'^ day of the first sessions, at one of the clocke, as in the retourne of y* Court more fully appeares. M' Joseph Mason appeared at the tjme appointed, & though M"^ Leader appeared not, & so his bond was forfeited, yett M"' Mason exprest he would nor should not take any advantage of the forfeiture of the bond, so as M"^ Leader appeared and pleaded to y" accon on the next third day, at one of the clocke, att which tjme both the partjes appeared ; and after the Court had duely heard all the evidences that were produced, and weighed them w"" what they could say, before the Court exprest themselves in the case, the Deputy GoQn'^ informed M' Mason that the land in quaestion was voted to be w"'in this jurisdiccon, & demaunding of him whether he did reluct from this jurisdiccon or submitt to it. M"' Mason answ''d, he did acknowledge it to be in this jurisdiccon, and submitted the lands in question to this jurisdiccon. In fine, having binn much debate concerning the difference betweene M' Mason, agent for M" Ann Mason, & M'" Richard Leader, itt was voted, by the whole Court, that the case of difference betweene M'' Mason and M"^ Leader shallbe suspended, and referred to the next Gennerall Coiirt of Election for a finall issue.
Norfolk Itt is ordered, that Eichard Bellingham, Esq>, & Capt Thomas Wiggin
shall kecpe the County Courts in Norfolk for tliis yeere ensuing, w"* the associates there. [*90.] *In ans'' to the peticbu of Edmond Jackson, desiring to be dischargd
Answ to of his trust concerning a mill and lauds in Ilingham, made ouer to him and
Edmond Jack- -^ , ^-^
Bonspeticon. Johii Gallop, deceased, by Thomas Joy, for the vse of Joane, liis wife, and their children, as in the deed more amply appeareth, the Court graunts his request, provided the ffeoffment be given into the County Court, and pro- vision made that Thomas Joy may not sell the mill and lands w^'out the consent of the Courte, but only repajed the same, and have out of rent thereof
THE MASSACHUSETTS BAY IN NEW ENGLAND. 95
for his charge, but the propriety to be his wives and chiklreiis, according to 165 2.
his first decde. * y '
In ans"' to the request of the toune of Doner, itt is ordered, that Eichard ''^'
Douer Coiirt.
BeUingham, Esquire, Capt Thomas Wiggins, M'' George Smith, and M"' Richard Walderne shall keepe the Court at Douer for the yeere ensuing.
In ans"' to the pcticon of M'^ Addam Winthrop, that the coinissioners Ans' to M' retoui-ne, laying out the bounds of the Pondes Farme, belonging to Major ^etidon™^* Stephen Winthrop, might be recorded, the Court graunts his request.
Wee, whose names are vndcrwritten, being chosen by the tounes of M'Humphryes Salem and Ljn, at the appointment of the Gennerall Court, to lay out the '^^"^'"'^ '^''''^ °"'' Ponds Farme, lately M' Humphrejes, do declare, that wee have lajd it out as followeth : From a pine tree, marked on both sides, standing on a pointe of land, by Stones ^leadow, marked as abovesajd, and so on the south side of Stones Meadow, and so by trees, as they are marked on the sides, to the plajne on the south side of the pond along by a swampside, and so by the east side of the plajne, and from thence as the trees are marked, and so to a rock betweene the foresajd farme and t"lie land of Robert Moulton, and from thence crosse the end of the high hill to a marked pine, by Long Meadow, on the north side, ouer against the former pine, marked as abovesajd ; and this not to pjudice the agreement made betweene M"' Winthrop and the toune of Lynn, in the echange of part of Stones Meadow for part of Long Meadowe. Wit- nes our hands, this 15* day of the 2''- moneth, 1652.
WM HATHORNE,
ED: NEEDEHAM,
EDMOND W FARINGTONS, W" LONGLEY.
In ans' to the peticon of Pumhom and Wotapuntum iFor sattisfaction for Ans' to Pom- his attendance on the complaint of Ninnicrot, who appeared not, itt is ordered, that Ninnicrot shall pay the soiiie of twenty shillings to Pomhom, and Wota- puntum, and their interpreter, for theire charges. .
In ans' to the peticon of James Pemberton, who produced seuerall tes- Ans' to Pem- timonjes for his interest and propriety to an iland called Pembertons Hand, itt peticon. is ordered by this Court, that if Pemberton, his attourney, heires, or assignes shall make proofe, vppon oath, according to lawe, that he had possession and improovement of the sajd iland by the consent and approbation of the anncieut inhabitants, or planters, resident in or about the ilassachusetts Bay about twenty fower yeeres agoe, then the sajd iland shall be, and is declared-
96
THE RECORDS OF THE COLONY OF
1652.
31 May.
[*91.]
Hugh Parsons trjed & ac- quitted, 1 June, 1652.
Ans' to
Andever
peticon.
Graunt to Rowley.
Coniittee to lay out the west end of Hampton bounds. The north Ijne of Hampton lajd out.
to be, his and his heires forcuer, the oathes to be taken at the next County Court, who shall record the same, and certefy the next sessions of this Courte thereof.
*Whereas Hugh Parsons, of Springfeild, was arrajned and trjed at a Court of Asistants, held at Boston, 12 of May, 1652, for not having the feare of God before his ejes, but being seduced by the instigation of the divill, in March, 1651, and diuers tjmes before and since, at Springfeild, as was con- ceived, had familhar and wicked converse w"' the divill, and hath vsed diuerse divillish practizes, or witchcrafts, to the hiut of diuerse psons, as by seuerall wittnesses and circumstances ajipeared, was left by the graund jury for further triall for his life.
The jury of trjalls found him guilty. The Magisls not consenting to the verdict of the jury, the cawse came legally to the Gennerall Court. The Gennerall Courte, after the prisoner was called to the barr for triall of his life, pervsing and considering the evidences brought in against the sajd Hugh Parsons, accused for witchcraft, they judged he was not legally guilty of witchcrafte, and so not to dye by lawe.
In aus"' to the peticon of the touue of Andover, itt is ordered, that Cap? Edward Johnson, Niccolas Holt, of Andever, and Thomas Danforth, of Cam- brjdge, be a coinittee to lay out the bounds of Andover, what they judge sequall, betweene Andever and Cambridge, not tj-ing them to fower or six miles, but what any two of the coinittee shall judge ffiq^uall, making retourne of what they shall doe herein to the next sessions of this Courte. And the Court doth further graunt, that the five or six hundred acres lajd out by Eowley w^out their Ijne, neere Andover Toune, shall belong to Andover ; and Rowley shall lay out their graunt on the south east angle of their bounds, neere to Ipswich Riuer ; and that the bounds of Andover shall extend south- ward six miles from their meeting howse, provided it pjudice not this last graunt of Rowley, nor the graunt formerly made to Reading or Wooborne.
Itt is ordered, that Samuell Winsly, Thomas Bradbury, and Robert Pike shall have further llbertje to lay out the west end of Hampton bounds, till the next sessions of this Couite.
The Court approoves of the coiiiittees retourne, heere^^lder written, re- specting the north lyne of Hampton bounds, so as it intrench not on any for- mer graimt. Wee, whose names are heerevnder written, being appointed by the Gennerall Courte to lay out the northermost Ijne of Hampton bounds, towards Pascataquake, have determined that the north Ijne shall extend five miles from Hampton meeting howse, and from thence vppon an east Ijne to the sea, and w"* the westerlje lyne, vntill they come w"*in two miles of
THE MASSACIlUSErrS BAY IN NEW ENGLAND. 97
Exciters present meeting howse, and the rest of the Ijne, which is to extend as 16 52.
farr as Salisbury bounds, wee leave to farther consideration. ^ '
1 June.
SAMUELL WINSLOW, SAMUELL HALL, THO: BRADBURY.
In aus"^ to the peticou of Thomas Gayner respecting satisfaccon from M'' Answ to M'
Gajners petiuon.
Aspinwall, &5, both IM' Gajuer and M'' Aspinwall appeafed, and after the ^' "^ ^
Coui-t had heard -what both partjes could say, M' Knight, M'' Gajners attoui-ney, proffered the issue of the case, if M' Aspinwall would depose that the accquittance he produced before the Court, vnder M' Gajners hand, had relation to the shipp Planter, as well as to other accompts. M' Aspinwall de- posed before the Gennerall Courte, saith that the acquitance he brought in and produced before the Gennerall Courte was the gennerall release given him by M'' Gajner, and was for all accompts and demaunds whatsoeuer, as well in relation to the shipp Planter as any other, not only in his oune aphencon and knowledge, but also, so farr as he knoweth, to M"^ Gayners also.
*In ans'' to the peticon of Willjam Blanton to the first pte of the peticon, [*92.] the Court declares, that he was justly presented by the grand jury, and to Ans- to w»
^ ^ Blantons
the second parte, that he was justly fined by the comissioners. petiSon.
In ans' to the peticon of Jonathan Wade, that the 400 acres formerly Ans' to M' graunted him by this Comte (for the cUsbui-sing of fifty pounds for the good g^j^^ of this collouy at the first) might be lajd out to him on any side of Nashaway bounds, w^'in a mile thereof, or two, the Court graunts his request.
In ans"^ to the petition of Leonard Buttles, era-sing releife & redresse Ans' to from the sentence of the coiuissioners in Boston, a remittment of his fines ille- gutties gaily imposed, and just restriccon of their power, &6, and further in Iris ^*^ ^''°°' peticon exprest himself ready to majntajne, that Capt Keajne was as great a delinquent as he, the Court referred the examination of the ptlculars thereia contajned to M"" Nowell, Capt Wiggins, Left Clap, M"" Bradbury, INIaximilljan Jewett, ~S[y Cleomcnts, M' Johnson, the siu'vejor gennerall, and M'' Edward Dennison, who made their report to the Court, both in relacon to his accusat- ing of Capt Kejne, and his misreporting the acts of the coiuissioners. The Coui-t declared, that whereas Capt Roibt Keajne was accused to this Court for drunckenes, the evidences having binn pervsed, and finding that he is prooved to have binn three tjmes druncke, and twice to have diuncke to excesse, fibr which oflences this Courte doth fine him thirty sixe shillings and eight pence, the charge of wittnesses appearing by examinatjon to be the some of fivety five shillings two pence, which this Court orders Capt Keajne to dischardge. And
VOL. IV. PART I. 13
98 THE RECORDS OP THE COLONY OF
■ Y ■
1 June.
1 G 5 2. ■\vliereas Capt Keajnc Lath petitioued this Courtc to lay doiuie his phice as comis
sioiier, the Court assents therto, as judging him not meete to contjnew therein.
And as ans'' to that part of the peticon respecting Leonard Butles, the
Court determined, that the acte of the comissioners, in fining the sajd Buttles
forty shillings, was both just and warrantable, w* they order the sajd Butles
to pay ; and further determined, the second fine imposed on him by the coiuis-
sioners, viz., thirty shillings, for his affronting authorltje by many vnmanncrly
and threatening Speeches, was also just and warrantable; and, lastly, this
Court doth order, that the sajd Leonard Butles, for his misreporting the
coinissioners to the Gennerall Court, chardging them to act by an arbitrary
power, &d, should pay, as a fine, five pounds, and make aknowledgment at
tlTe Coiiiissioners Court, when they call him to it, that he did sinfully and
scandolously in falsely accusing them to act by an arbitrary power, and
expresse himselfe sorry for it ; otherwise to be responsall to the next sessions
of the Gennerall Courte.
Ans' to Hump. In ans"' to the peticon of Humphry Atherton & John Wisewall, in behalf
J »W' 11 °^ ''^^ toune of Dorchester, for the remittment of the fine of five j)ounds im-
abt Neponsett pgsed on them by the County Court, for neglecting to make a bridge ouer Bridge.
Neponsett Riuer, in the way betweene Dedham and Eehoboth, the Coiut, finding that the obstruccous was not on the tounes part only, but rather by the psons that was to lay out the way, and vnderstanding it is lately effected, doe reraitt the sajd fine at fsent, vnlesse on the first of the seventh month next it shall appeare, that the building of the bridge is still neglected, in w'='^ case the fine is againe to take place ; and to the second pte of the peticon, this Court declares, that the making bridges in coiiiou liighwajes from toune to toune ouer like streames is no more than is vsuall in like case, and in tequitje ought to be. r*93.1 *Iii answer to the petition of Mary Wooddy, late wife to John Woody,
Ans' to Mary of Roxbury, deceased, the Courte conceaues, for any thing yet appeares to petition. them to the contrary, that the petitioner hath such a proporcou out of the
estate of her late husband as the estate will beare or the lawc provided ; and that there should be no alteracon of the will, as is desired in the petition, but that there be an agreem' amongst all pties concerned therein, to improve the estate for the benefitt of the wife & childe. Cofflittee to Its Ordered by this Coiu-t, for the better discoflie of the north Ijaie of our
pattent, that Capt Symon Willard & C'apt Edward Johnson be appointed as coinissioners to j)cure such artists & other assistants as they shall judge meete to goe w*"" them, to finde out the most northerly pte of Merimacke Eiuer, and that they be supplyed withall maiier of necessaries by the Tressurer fitt for their
lay out our north Ijne.
1 June.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 99
journey, and that they vse their vttmost skill and abillitie to take a true obser- 1 G 5 2. vation of the latitude of the place, and that they doe it withall convenient speed, and make returnc thereof at the next sessions of this Court.
In ans' to the petition of the inhabitants of the Conduite Streete in Bos- ton, the Court doth graunt theire request, that whereas James Euerill, Joshua Scottow, W"" Hudson, Hannah Hanbury, Edmond Jackson, Willjam Awbrey, in behalfe of the vndertakers of the iron workes, possessing the right of Val- cntjne Hill and Joseph Wormell, Willjam Cotton, J"° I^owe, Leonard Buttles, Thomas Yeow, Richard Norton, and J"" Bateman, tookc into serious consid- eration theire oinie neccssitjes for the dayly vse of fresh water for theire seuer- all faniiljcs, and especially the eminent dainger if any scathfier should happcTi amongst them, (w'^'' God forbid,) having no water in any readjnes at all tjmcs to besteade them in such extrcame dainger, and duely weighing that the pro- curing of water into the sajd streete, not only to be a burden to heavy for any one to beare, but the priviledge to be to great for any one solely to enjoy, itt is therefore ordered and enacted by this Courte and the authoritje thereof, that from henceforth the sajd inhabitants above mentioned shallbe a corporation, and incorporated into one body or company, and that it shall and may be law- full for the sajd company yeerely vppon the first day of July, if not the Lords day, or if it be, then on the second day of the moneth, to meete together, and the whole body so mett, by the major pte of the votes, to elect two of the pro- prietors of the sajd body to be wardens, or masters of the sajd waterworks for that ensuing yeere, and no longer, without a new election, who shall take order for the due pajment of theire anuuall rent to ^I"' Willjam Ting, according to theire couenant and agreement w"" him, and to see that the conditions on both parts be truly pformed, and from tjme to tjme to see and take order that all necessary repaires about the sajd waterworkes be speedily made and fin- ished, and that it shall be laufull for the sajd wardens for the tjme being, when and as often as occasion shall requier, to warne all the members of the sajd body to meete together, as well to consult, Advise, and conclude *of any neccs- [*94.] sary matter or worke to be donne in and about the sajd waterworkes, as to sat- tisfy such theire disbursements vnto them, and that it shall and may be lawfuU for the sajd wardens for the tjme being to distrajne the goods of any person or persons, refusing to pay his due j)roportjon, being lawfully demaunded, and truely and plainely made knoune vnto him, rendring the ouerplus. And it is further ordered, that if any propi-ietor of lands, w*in the sajd streete or els- where, shall please to come into the sajd body, it shallbe lawfuU and in the power of the sajd wardens for the tjme being, with the consent of the major pte of the company, to receive them vppon such condicons as shall be proper-
1 June.
100 THE RECOEDS OF THE COLONY OF
1652. tionably answerable to the charges and disbursments in procuring and majn- tajning the same. And it is further ordered, that if any person or psons shallbe found guilty of corrupting, wasting, or spoyling of the sajd water, or waterworkes, or damnifying the pipes, cisternes, or fountajnes, it shall be law- full to and for the sajd warden for the tjme being to impleade such persons for and in the name of the whole company or body, and damage xecouered to be jmprooved to the bennefitt of the whole body, as likewise to be jmpleaded, and damage lost to be aequally borne by the whole company ; and for such as shall take water there w"'out license, it shallbe lawful! for the wardens for the tjmc being, or whom they shall appointe, after warning given them, to take away and w"'hold such vessells from them as they shall bring to carry away such water with. And it is further ordered, that if any scathficr should happen, that then it shallbe lawfuU for any pson or psons w^out leave to take water, and, if neede requier, to breake vp as many places of the couer of the sajd conduite as shallbe needefull for the speedy help and convejance of water as such a case of dainger requires and the place will affoord. And further, it is ordered, that it shall and may be lawfull for the wardens for the time being to graunt license for a tjme for such poore persons as are not able to purchase a proprietie therein ; provided, that no man, by this act, be barred from his pro- prietje or libertje for improoving it in preserving of his due right in all water courses w"'in his oune land, and that euery man hath libertje of replevin, and after sentence to appeale to the next County Court. The Comt is adjourned to y« 19"^ October.
19 October. Mt the secoiul Sessions of the Gennerall Court, held at Boston,
the 19'" of October, 1652.
For advance- A DECLAE.ATJON concerning the advancement of learning in New
raent of learn- / %
ing. jL jL England by the Generall Courte. If it should be graimted that learning,
namely, skill in the tounges and liberall artes, is not absolutely necessary for the being of a coiiion-wealth and churches, yett wee conceive that, in the judgment of the godly wise, it is beyond all qua;stion not only laudable, bu't necessarje for the wellbeing of the same ; and although New England (blessed be God) is competently furnished (for this present age) with men in place, and vppon occasion of death or otherwise, to make supply of magistrates, as- sociates in Courts, phisitions, and officers in the coiiionwealth, and of teaching elders in the chiuxhes, yett for the better discharge of our trust for the next genneration, and so to posterltje, being the first founders doe weare away apace.
Y — '
19 October.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 101
and that it growes more and more difficult to fill places of most eminencje as ] G 5 2. they are emptje or wantjng ; and this Courte, findeing by manuifest experjcncc that though the noumber of schoUers at our coUedge doth eucrease, yett as scone as they growe vpp ready for publicke vse, they leave the countrje, and seeke for and accept of jmplojment elswhere, so that if tjmely provition be not made, it will tend much to the disparagement, if not to the ruine of this coiuon- •wealth, it is therefore ordered, and heereby enacted by this Court, that a vol- untary collection be coiuended to the inhabitants of this jurisdiccon for the raising of such a soine as maybe jmplojed for the majntenance of the presi- dent, certajne *ffello\ves, and poore schollers in Harvard Colledge, and for that [*95.] purpose doe further order, that euery toune of this jurisdiccon doc choose one meete person to take the voluntary subscriptions of such as shall vndenvrite any soiSe or soiiies of money for that purpose, and to make retom-ne thereof to the next Courte ; and forasmuch as all the collonjes are concerned therein, this Courte doth order the secretarje to signifie to the Gouemo™ of the seuerall colonjes our endeavo'^ heerein, and to coiiiend the same vnto them for their helpe and furtherance in so good a worke.
Whereas the meetings of the freemen for the nominatjon of magistrates Tjme for elec-
. 1 i» XT 1 1 ^^^ ^^ tounes.
and associates for County Courts is appointed in the month oi JNouembcr, and the votes so made to lye till the last weeke of the first month ffoUowing, which distance of tjme is not ncedefull, and may admitt of soundiy incon- veniencjes, for preventjoii whereof, itt is hcercby ordered and enacted, that henceforth the tjme for the eleccon in tounes shallbe in the second weeke of the first month, with the same poenaltje the former lawe requireth, any dii-ec- tion in the former lawe to the contrary notwithstanding.
Whereas the way of the passing of howses and lands by sale in England No sale allow-
. .. ,, ,-, able w't-out a
is both peaceable and efFectuall, namely, by deed, m writing, sealed, and de- ieedinwrit- liuered with liueiy and seizin, or possession given of the same before wittnes, ">S' *"• or by deed acknowledged and enrolled, or by sueing a fine, and that diuerse within this jurisdiccon are apt to rest vppon a verball bargajne, or sale, for howses or lands of any valew, this Courte, taking this thing into serious con- sideratjon, doth heereby declare and order, for the preventjon of all clandes- tine and vncertajne sales and titles, that henceforth no sale or ahenation of howses or lands w"'in this jurisdiccon shallbe holden good in lawe, except the same be donne by deede, in writing, vnder hand and seale, and deliiiered and possession given vppon parte in the name of the whole by the vender or his atturny, so authorized, vnder hand and seale, & vnlesse the sajd deed be acknowledged according to lawe, and recorded.
Whereas many merchants and seafaring men, with other straungers that
102
THE RECOKDS OP THE COLONY OP
1G52.
19 October. Two magis" & recorder to al- low of wills & graunt admin- is tracons.
[*96.]
4 Courts in y« county of Mid- lesex annual- ly, &c.
Indeans title to lands, &C.
frequently resort to the coixntje of SufFolke, often tjmes by their deaths leaving their estates vndisposed of, and very difficult to preserve in the juter- ims from one Countje Courte to another, by reason of the distan'ce thereof their estates is much hazarded to be lost and imbezelled, itt is therefore or- dered, that it shall and may be lawfull for any two magistrates, with the recorder of the countje, meeting together, to allowe of any will of any deceased partje to the executo" or other persons in the will mentjoned, so as the will be testified on the oath of two or more wittnesses ; and also graunt administrations to the estate of any person that shall dye intestate within the sajd countje, to the next *of kiniie, or to such as shall be able to secure the same for the next of kinnc ; and the recorder or clarke of the Courte is to informe the rest of the magistrates of the countje, at the next Countje Courte, of such will prooved or administracon graunted, and recorde them, any lawe, custome, or vsage to the contrary notwithstanding.
Vppon information of soundry inconveniencjes arising in the coiintye of Midlesex by the long distance betwixt the Courts there holden, and that the buisnes of Courts there is much increased, itt is ordered by this Courte and the authoritje thereof, that henceforth there shall be tM-o Courts more there liolden in a yeere, viz., one vppon the third day in the third weeke of the foAverth month, and the other vppon the third day of the first weeke in the eleventh month, both these Coiu'tcs to be kept at Charles Toune.
Forasmuch as there hath bene a quiestion in this Court about the Indjans title of lands, this Coiute, taking it into consideratjon, and willing that there may be a free passage of justice for their right amongst vs, aswell as for the English, itt is therefore ordered and enacted by this Courte and the authoritje thereof, that what lands any of the Indeans within this jmisdiccon have by possession or improovement, by subdouing of the same, they have just right therevnto, according to that in Geunesis, 1 and 28, chapt 9 : 1, and Psalmes 115: 16. And for the further encouragement of the hopefuU worke amongst them, for the civillizing and helping them forward to Christianitje, if any of the Indeans shallbe brought to civillitje, and shall come amongst the English to inhabit in any of their plantacons, and shall there live civilly and orderly, that such Indeans shall have alotment amongst the English, according to the custome of the English in the like case. Further, it is ordered, that if, vppon good experience, there shall be a competent noumber of the Indeans brought on to civillitje, so as to be capable of a touneshipp, vpon theu'e request to the Gennerall Courte, they shall have graunt of lands vndisposed of for a plan- tacon, as the English haue. And further, itt is ordered by this Courte, that if any plantation or person of the English shall offer jnjiuiously to put any of
THE MASSACHUSETTS BAY IN NEW ENGLAND. 103
the Indeans from theii-e plantjng grounds or fishing places, vppon theire 1652. complajnt and proofe thereof, they shall haue releife in any of the Courts of ^~ '' "^ justice amongst the English, as the English haue. And further, it is or- dered by this Courte and the authoritje thereof, and bee it hereby enacted, that all the tract of land within this jurisdiccon, Avhether already graunted to any English plantacons or persons, or to be graunted, by this Courte, (not being vnder quallifHcation *of right to the Indeans,) is, and shallbe, accompted [*97.] the just right of such English as already haue, or heereafter shall haue, graunt of lauds from this Court and the authoritje thereof from that of Gennesis 1 : 28, and the invitacon of the Indeans.
As an adition to the late lawe about the counstables watches in the Addition of seuerall tounes of this jurisdiccbn, itt is heereby ordered, and be it enacted by cou'nitablcs! the authoritje of this Coiu-te, that all the inhabitants of this jurisdiccbn shall henceforth, according as they are warned to serve the countrje in the counsta- bles watches, duely and strictly observe the charge given by the counstables ; and the counstable in euery toune from tjme to tjme are heereby enjoyned to give in theire charge to all watchmen, that they duely examine all night walkers after tenne of the clocke in the night, vnlesse they be knoune peace- able inhabitants, to enquire whether they are going, and what theire buisenes is, and in case of not giving ratjonall sattisfaccon to the watchmen or counsta- ble, then the counstable forthwith to secure them till the morning, and then the counstable to carry such pson or psons before the next magistrate or comissioner, or three men, (who shall have power as the coiiiissioners have,) to give sattisfaccon for theire being abroad at that tjme of night, and if the sajd watchmen shall finde any inhabitant or straunger, after tenne of the clocke at night, behaving themselves any way deboist, or that giveth not a reasonable ground to the coimstable or watchmen, or shallbe in drincke, to secui-e them by coinittment or otherwise, or till the lawe be sattisfied; and further, the counstable is to give the watchmen in charge to see all nojses in the streetes still, and lights put out, (excejjt vppon necessarje occations,) that fiers, as much as maybe, be prevented, any lawe, custome, or vsage to the contrary notwithstanding.
Itt is ordered by this Courte and the authoritje thereof, that henceforth Three men in it shallbe lawfull for any of the three coiiiissioners appointed to end smale oathes in civil! cawses in the seuerall tounes, vppon the request of any person or persons, to '^^^^' give oath to any witnes or wittnesses or others in any civil case, as any magis- trate may doe ; and euery such oath, so taken as aforesajd, shall be accoumpted authenticall in lawe.
Whereas the coiiion highwajes betwixt Andever and Ipswich, Andeuer
104
THE KECORDS OF THE COLONY OF
1G52.
19 October.
County high- wajes from An- devor, &c.
[*98.]
M' Clarke in- vention.
To prevent frauds in mon- jes.
Ten shillings for entrje of accons above 40- ; & 3' 41 for all other.
[*99.]
and Rowley, and Andeuer and Newbery are not yett lajde out, by reason whereof passengers doe suffer great prejudice and inconvenjence, and the wajes vncapable of being* mended, becawse vnknoune where they will be lajd forth, it is therefore heereby ordered, that euery of the aforesajd tounes shall, w^'in one moneth after the end of this sessions, nominate and appointc one or two of their respective inhabitants, who are heereby authorised and appointed, to lay out the aforesajde highwajes betwixt the tounes before mentioned, and to make *retoui'ne thereof to the next Court of Electjon. And itt is further ordered, that the inhabitants of Andevor shall give notice to the inhabitants or prudentjall men of the other tounes of the tjme and place of their meeting, for the end aforesajd, in wrighting ; and if any toune or tounes shall neglect to doe what this order enjoynes them, they shall forfeite the some of five pounds to the coiuon treasury ; and if any person, chosen and appointed by any toune, shall neglect his duty heerein enjoyned, he shall forfeite the soiue of forty shillings ; provided, if any of the aforesajd tounes shall send two of theire inhabitants, yet they shall have but one vote in the deciding of any difference or controuersje that may arise in the laying forth or determining all or any of the aforesajd highwajes. And it is ordered, that if all fower cannot agree in any particular, then any three agreeing shall determine the same.
Itt is ordered by this Courte, that no person shall, for the space of tliree yeeres next ensuing, make vse of M'^ John Clarks invention for saving of fire- wood and warming of roomes with little cost and charges, by which meanes great bennefitt is like to be to the countrje, especially to theise populous places ; and if any family or other person doe, by the consent and direction of the sajd M' John Clai-ke, or w^'out, improove or vse the sajd experiment, they shall pay tenn shillings to the sajd M'^ Clarke, for which the sajd ^M"^ Clarke may sue or jmplead any person before any comissioner for the same, as the cawse shall require.
For the prevention of washing or clipping of all such peices of mony as shall be cojned w"^in this jurisdiction, it is ordered by this Courte and the authoritje thereof, that henceforth all peices of mony cojned as aforesajd shall have a double ring on either side, with this inscription, Massachusetts, and a tree in the center on the one side, and New England and the yeere of our Lord on the other side, according to this draught heere in the margent.
Itt is ordered by this Courte and the authoritje thereof, that all actjons trjable before the coiiiissioners of the toune of Boston, which shall- amount to above forty shillings, shallbe Ijable to pay for the entry tenne shillings for euery action so entred, and for accons *vnder the sajd valew the soiiie of three shillings fower pence shall apertajne to y'^ sd coiiiissioners, for the defraying
THE MASSACHUSETTS BAY IN NEW ENGLAND. 105
of theire charges ; and also y' It shallbe lawful! for any one magistrate and 1 G 5 2. the three comission" appointed to end smale cawses in touues to require "" ^"^ "^ three shillings & fewer pence for the entry of all accous proppcr to their cognizance, any lawe or custonie to the contrary notwithstanding.
^'ppon information of soundry abuses which may arise, and thereby To prevent reproach redound to the countrje, by packeing vp beife, porlce, and other things ij,g bdte^*° " in caske that is not full gage, although the packer doe carefully fill the same, V^rke, &s. as the lawe provides, it is therefore ordered by this Court, that henceforth euery packer shall see that all caskc he packs any bcife, porkc, mackerill, fish, or any other goods in, coiiiitted to his care, be of true and full asize and gage, and that he packes the same in no other caske whatsoeuer, on poenaltje of tenn sliillings for euery caske by him packed that is or shallbe defective in that respect, one halfe to the informer, and the other halfe to the countrje. This order to be the next day published, and posted vp in Boston and Charles Toune, and, by the first opportunitje, in Salem and Ipswich.
The oath for packers of beife, &d.
Whereas you, A B, are chosen a packer of beife, porke, and other things Packers oath, for the toune of B:, yow doe heere swcare, by the living God, that yow will ■well and truely packe all beife, porke, and other things, when yow shallbe thereunto required ; yow shall packe no kinde of goods but such as are good and sound, nor any goods in any caske that is not of a just and full gage ; yow shall also sett your particular marke vppon all caske packed by yow ; and in all things propper to the place of a packer yow shall faithfully discharge the same, from tjme to tjme, according to youi- best judgment & conscjence. So helpe yow God.
Itt is ordered by this Court, that after publication heereof, any pson what- Accons pp' to soeuer, which hath or shall have ground of action against another, shall have ^oenizancc tri- libertje to impleade and try any action triable in the Coiuissioners Courte of '^^^^ before y«»
acording to y«
Boston, either in the sajd Courte or any other that hath propper cognizance law print. thereof, as is provided in the printed lawe, page 1"', wdiich gives libertje to y* ^' plaintiflTe to trje in whither jurisdiction the plaintiffe pleascth, where either plaintiffe or defendant dwelleth ; provided, that the soiiions or attachment be served w'^^in the limitts expressed in theu-e coiiiission. Carria'^es for
Vppon complaint made to the Courte that seuerall great gunnes of the y' s"" gu°ns
^'^ '^ . to be in a read-
countrjes in Boston, and other touncs w"'in tliis jurisdiction, lye vnmounted ines, or other- wise to be sur- and neglected, it is ordered by this Courte, that all touues that liaue any such rendered.
great gunnes in theire *tounes vnmounted ai-e enjoyned speedily to take care [*100.]
VOL. IV. PART I. 14
106
THE RECOKDS OF THE COLONY OF
Prize of come to y" countrje rates.
Senioritje of captajnes, &c.
[*101.]
to provide good and sufRcjent carriages, to be in a readjncs before the next Court of Election, or else to deliuer all such gunns aforesajd to the survejor gennerall, to be disposed of as this Couit shall give direction.
Itt is ordered by tliis Court, that all sorts of corne shallbe pajd into the countrje rate, for this yeere ensuing, at theise prizes following, viz. : wheate and barly at five shillings p bushell, rye and pease at fowcr shillings p bushell, and ludjan come at three shillings p bushell, and all other things pajd in to the countrje rate to be vallued according to the prizes of all sorts of corne above mentioned.
Vppon a motjon made to this Courte by some military officers, for resolu- tion of a qu8Bstion concerning superioritjc of comanders in this jurisdiction, itt is ordered and enacted by this Court and the authoritje thereof, that hence- forth, according to the custome in niillitary discipline, all cajitajnes, w"' their companies, shall take place in standing, marching, quartering, and coiiianding in thehe regiments, as occasion shall require, in all respects, according to their antiqnitje of being captajne in that regement, and no otherwise, and that no captajne shallbe capable to coiiiand as a capt ouer both a foote company and a troojie of horse at the same tjme. And whereas the toune of Boston, in obedience to an order of the Gennerall Courte, have divided themselves into fower companies, and left it to the determination of this Courte which captaine should be accompted the oldest in the toune, the Court doth further order and declare Captaine Thomas Savadge shall take place next after Major Edward Gibbens, and that Cajjtaine Thomas Clarke shall be the third. And whereas the south parte of the toune had made chojce of Capt Jn° Leueret to be their captaine, who was formerly chosen captaine ouer the troope of horse in the regement of Sufiblke, and confirmed in that place, it is ordered, with relation to them, that they proceede to a new election, and that their captajne take his place accordingly. By senioritje of coinission, wee intend coiiiission in the same regement, and to the same place of cofnand. For personall differences concerning senioritje, it is referred to be determined by the major and officers of the regement, or the major pte of them, according to the lawe established.
* Whereas, by the lawe, title INIillitary, page 42, sect 6, euery captaine, leiuetennant, and ensigne is to be allowed at each County Courte, and that by the late lawe concerning the militia, made in the third moneth, 1652, cuery coinission officer, both of horse and foote companje, is to have coinission from the Gennerall Coiirte, itt is ordered by this Coixrte and the authoritje thereof, that vppon the allowance of any such millitary officer, by any County Courte aforesajd, sucli as present them to the Courte shall take a certifficat vnder the hand of the recorder or clarke of that Couite, wliich he shall forthwith deliuer
19 October.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 107
to the secretary of tlie Geunerall Comte, who shall speedily drawe vp a ptic- 16 5 2. iilar comission, in parchment, fairely written, for euery such officer, and deliuer them to the eldest sargeant of each companje when he comes for them, and the sajd sarjeaut shall carry them to the gouernor, who shall affijce the scale Miiiitary offic'" of the colony therevnto, the sajd sargeant paying five shillings for each scale, ""^^' '^' as the order provides, and shall carry them so sealed to the majo"^ gennerall, w'ho shall transmit them to the major of each regiment, to be by him, or his order, deliuered vnto the captaiue or cheife officer, to whome the same doth belong ; and for such miiiitary officers, in any of the aforesajd places, as were formerly allowed, and have no written coinission to act by, the eldest Serjeant of each company shall take certifficat from the recorder of the Court where such officer was allowed, and deliuer it vnto the secretary to be draune vp, ■which shall beare date from the tjme of their allowance, and expedited as aforesajd ; provided, that if the majo"' gennerall, or majo"' of any regiment, be any tjme wanting, the Gouerno' shall then deliuer any such coinission vnto the officer to which it belongs, or such other officer of his company as shall repaire to him for the same, the secretary being pajd sixe pence for each coinis- sion, &fi.
The late order about swjne is repealed, and the printed lawe is hi force Late lawe
C i\,„i- ,.„„«„„* about swine
in that respect. , ,
•^ repealed.
The lawe about juries is repealed, and jurjes are in force againe. Jurjes in tso
Itt is ordered by this Coiute and the authoritje thereof, that whereas Cap? p ^ r • h W"" Gerrish stands chardged w"" the coinand of a horse and foote company, ^ shall have a coiiiission to coinand the horse, and only have liberty to excercise the foote vntill the company shall otherwise provide, and present another to take cheife coinand thereof, as a toune company.
*Itt is ordered, that Major Daniell Dennison shall supply the place of [*102.]
major gennerall, in the absence of Major Gennerall Sedjuke, or till the next Major Denni- son to supply eleccbn ; and that Captaine Humphry Atherton shall supply the place of y pUce of ma- major, for the county of SuiFolke, in the absence of Major Edward Gibbens, ^tifej"on' of ^ or till a new eleccon ; that Capt Frauncis Norton shall supply the place of "•''J'"^ f°'' ^"''■■
folke, & Capt.
major, for the county of Mid]esex, in the absence of Major Rob' Sedjuke, or Norton of ma-
. jor for Midle-
tiU a new election. sex.
This Court having given libertje to the seuerall troopers of horse in this Officers of the jurisdiccttn to compleate their officers, which accordingly the troope of SufFolke j„ suffolke. hath donne, and made chojce of Capt Jn° Leuerett for their captajne, M' W"" Davis for their leiftennant, jM'' Peeter Oliuer for their cornet, & Jn" Smith, of Dorchester, for their quartermaster — all which this Coiute doth alowe and confirme.
19 October. Douer &
108 THE EECORDS OF THE COLONY OF
1 G 5 2. "Whereas vppon the submission of the inhabitants vppon the Rluer of
Pascataquake to this jurisdiccon, this Court did graunt them, amongst other priviledges, libertje to send two depu'^ from the sajd riuer, and whereas the Strawberry freemen of Douer are increased to that noumber that by another lawe they
Banckc to send . • r~i ^ • r-^
3 deputjes, &c. have libertje to send two deputjes to this Courte, this Courte doth heereby
order and declare, that the sajd touue of Douer shall henceforth enjoy theire
libertje to send two deputjes, according to lawe, and that Strawberry Bancke
shall have libertje to send one, according to former agreement.
J barrell of The toune of Salem, being debtor to the countrje for seuerall barrels of
to Salem ""^ pouder, at the request of theire depu'", the Courte graunts them halfe of one of
those barrells towards what they have expended in saluting of shipps & other-
•wise, vppon necessary occasions.
CoiniBsions to The Gennerall Com-t of the Massachusetts, to J: L:, Captaine, &^ :
troope of hers Whereas you are chosen and allowed, by the authoritje of this comon-wealth,
from capt. to jq |jg captaine of a troope of horse for the countje of SufFolke, theise are
quarter m'st', "^
&c. therefore to will and require yow to take care and chardge of the sajd troope
of horse as their captajne, and dilligently to intend the service thereof, and to excercise your inferior officers and souldiers, both in peace and warre, accord- ing to lawe, coiiianding them to obey yow as their captajne, for the service of this comonwealth, and yow to observe and obey all such orders and directions as from tjme to tjme yow shall receive from your major gennerall, or other superior officers, or authoritje of tliis coiiionwealth, according to lawe. (The like coinissions the Court graunts to leiftenn'% cornets, & quarterm'"^ y'^ names only altered.)
County courts Itt is ordered, that the County Court at Boston shall be adjourned to the
a joummen . gijj^t;ggjjt]^ ^^j ^f Nouember next.
[*103.] *Itt is ordered, that the seuerall churches of this jurisdiccon shall observe
Day of humiili- and kecfjc the tenth day of Nouember next as a solemne day of humilliation,
ation, 10 ; 9 mo,
52. to humble themselves and seeke the face of God ffor these cawses ffollowing.
In regard to oiu-selves : First, for that his hand hath gonn out against vs, in taking away many persons, both menn and weomen & children, by an vnwonted disease ; 2'^, for his seeming to frouue vjjpon vs by vnvsuall stormes & con- tjnewed rajnes, breaking diuerse vessells and throning doune soundiy bowses and barnes in diuerse parts of the countrje, and what other harmes wee cannot yett vnderstand of; 3'^, a want of supply of meete persons for publick service, in church and coinon-wealth ; 4'^, in regard of too much worldli- mindednes, oppression, and hard-hartednes feai;ed to be amongst vs, and many other sinnes. In regard of England : 1^', the warres being great betweene them and the Hollanders ; 2, the increase of errors and haeresies ;
THE iMASSACIIUSETT3 BAY IN NEW ENGLAND. 109
3'-'', that God would be pleased to give vs Hivor in the Iiarts of the Parljament, 1 ('» 5 2. counsell of state, the gennerall and army ; 4'*', that the Lord will vouchsafe ^~ ^ ' to make a supply of sucli coiTioditjes to vs as wee stand in needc of.
Captajne Symon Willard & Captajne Edward Johnson, a coiiiittee ap- Retoumeof pointed by the last Gennerall Court to procure artists to joyne w"" them to about°th finde out the most northerly part of IMerremacke Riuer, respecting the lyne '""' °^ """^
northerly Ijne.
of our pattent, having procured Sarjeant John Sherman, of Water Toune, & Jonathan Ince, student at Harvard CoUcdge, as artists, to goe along w"' them, made their retourne of what they had donne, and found, viz. : John Sherman and Jonathan Ince on their oathes say, that at Aquedahtan, the name of the head of Merremack, where it issues out of the lake called WinnaiJuscakit, vppon the first day of August, one thousand sixe hundred fifty two, Avee observed, and by observation found, that the lattitude of the place was fourty three degrees forty minutes and twelve seconds, besides those minutes which are to be allowed for the three miles more north which runn into the lake. In witues whereof, they have subscribed their names, this nineteenth day of October, one thousand sixe hundred fifty and two. Juf cor. me, Jn" Endecot, Guber'.
JNo SHERSIAN, JONATHAN INCE.
The sajd commissioners brought in their bill of chardge, which they ex- pended & pmised on, & to those that went that journey to finde out the most northerly part of Merremacke, which was twenty eight pounds twelve shil- lings and tenn pence, which the Court allowed, and ordered that the psons concerned should be sattisfied out of the rate according as they were f)mised ; and further doth order the Treasurer to sattisfy to Captajne Willard and Cap- tajne Johnson twenty markes a peece for their pajnes.
The Courte liaving pvsed the letter from the gent to the eastward, and not being sattisfied therein, doe judge it meete that our former challenge to the place be further prosecuted, and there be coiiiissioners sent thither w'^'all convenient speede, w"' full power to excercise jiirisdictjon amongst them.
*To our trusty and wellbeloved freinds, ISI"" Symon Bradstreete, 1\I'' [* 104.1 Samuell Symons, Cap? Thomas Wiggin, IMajo' Dauiell Dennison, Capt W" 23 October. Hauthorne, and M'' Brjan Pendelton : Whereas yow are chosen couiissioners by ^^^ pisi;aq this Courte to setle tl.e civil government amongst the inhabitants of Kittery, the He of Slioales, Accomenticvis, and so to the most northerly extent of our
couussxon.
110 THE RECORDS OF THE COLONY OF
patent, vow, or any three or more of yovr, are hereby authorised and required w"'all convenient speede to repajre to tliose parts, and thereby suiiion to assemble the inhabitants together in some phice "which yow shall judge most convenient, and to declare vnto them our just right and jurisdiccon ouer those tracts of land where they inhabit, requiring their subiection therevnto, assur- ing them they shall enjoy sequall protection and priviledg with ourselves ; further, wee doe hereby give and graunt vnto yow, any three or more of yow, full power and authoritje to suiiion and keepe a Courte or Courts there to heare and determine all cawses, civill and crjminall, according to the power and authoritje of our Countje Courts, to nominate and appointe coiiiissioners, administer oathes to them, and invest them w"' such power as yourselves, or the major pte of yow, shall judge nieete. as also to appointe and sweare counstables and such other officers as yow shall judge needefuU for the preservation of the peace, to confirme and setle proprietjes, to graunt priviledges, proteccons, and imunitjes, and to setle the gouernmcnt there ; and further to doe and act in the jJmisses, or any thing of like nature, for the ends aforesajd, till this Court shall take further order therein, as in your wisdomes and discretions yow shall judge most to conduce to the glory of God, the peace and welfare of the people there, and the maintenance of our oune just rights and interest ; and wee doe heereby will and require all magistrates, coiiiissioners, capts, and all other officers, civill and millitary, w*''in the county of Norfolke, and all the inhabitants of the He of Shoales, and beyond the Riucr of Piscatque, w'l'in the limitts of our patent, to be aiding and assisting to tlieise our coinissioners as they shall see cawse to crave or require ; and in confirmation heereof wee have cawsed the scale of our colony to be heerevnto affixed, this 23* October, 1652.
Comittee about Itt is Ordered, that Capt Humphry Atherton, Capt Jn° Leueret, Capt
the astle. Frauncis Norton, Capt Thomas Clarke, and M"' Jn" Johnson, siu'vejor gen-
nerall, be a coiiiittee to repaire the great battery on the Castle Hand, or make
a convenient batterje of it, and make report of what they conceave necessary
for the vpper worke. Letters to )•« The Court ordered two letters to be sent to England, the one to the
Lord &"enn" I'iglit liounorablc the Parljamcnt of the coiTionwealth of England, the other Cromwell. |o Oliucr Cromwell, lord gennerall of all the forces of the coinonwealth of
England, which are in y° book of letters. r*105.] *Our coiiiissioners presenting what was donne at Plimouth at the meeting
Courts appro- of the cofiiissioners for the ^^nited Colonjes, the Courte doth heereby declare
bacon of our ^ ... . . . . . i • i
comissioners. their approbacon and justiffication of theire comission" ni judging their last
THE MASSACHUSETTS BAY IN NEW ENGLAND. IH
meeting at Plimouth to be frustrate, and doe expect sattisfaccon from the 1G52.
iiu-isdiccbn of Plimouth and Newhavcn, and for time to come cannot consent ^
'' •' . 23 October.
that the ordjnary meeting should hold, and the acts of the comissioners he Letter to GoQ-
valjd, except two coinissioners from each colony, authorised as in the 6"' n'ofPUmouth.
artickle, doe meete vppon the day appointed. The Court ordered a letter to
be writt to y'= Gouerno'' of Plimouth, &6, requiring sattisfaccon for an affront
put by one of their coiiiissioners on one of ours, yv'^ letter is in the booke of
letters.
Whereas the tjme is expired of the Courts graunt of the customes of About the ma-
. . tome of wines.
wines to those who were the tiirmers thereof, that for the time to come it „^ ^ ,
•> ■'26 October.
maybe disposed of for the best advantage for the countrje, it is ordered and heereby declared, that any man that hatli any desire to rent the sajd custome of wines for the tjme to come may repaii-e to the H«wse of Dei>ii'' on the morrow morning, by eight of the clock, being the twenty sev^enth of y^ instant October, to compound for the same.
The tjme being expired of the Courts graunt of the custome of wines to those who were the farmers thereof, and the Court having publickly declared that any man that had a desire to rent the said customes should repaire at a tjme appointed to the Court to compound for the same, soundry gentlemen appearing had libertjc and did offer to the value of 162'' p anil, but the last and most was one hundred sixty five pounds, by Capt W™ Ilauthorne. Itt is therefore hereby ordered and graunted, that Capt W"" Hauthorne shall enjoy the bennefitt of the customes of wines for the space of five yeeres from the day of the date heereof, he giving in sufficjent seci;ritje for the pajment of one hundi'ed sixty and five pounds p anil, during that terme, in currant coimtry pay, to the Treasurer for the tjme being, or who else this Court shall appointe to receave the same in current countrje pay ; and the sajd Capt W" Hauthorne is heereby invested with full power to recouer the sajd customes in aU respects as hath binn graunted to others in tjme past in the like case.
In ans'' to the peticon of Archibald Henderson, craving a rehearing of Ans'toM' the cawse betweene him and Samuell Bitfeild, for which the County Coiut fined him twenty five pounds, the Court readily graunted him a hearing or revejw of his cawse on the twenty third of this instant October, 1652, on which day, at the tjme appointed, the Court heard y* cawse, and, after the pervsall of the evidences, doe judge and declare, that the sajd peticoner, Archebald Henderson, was justly fined and punnished by the County Courte for his swearing, cursing, and drunckencs, that he was justly fined tenue pounds to the countrje, and that his five pounds fine to the counstable was just also. And whereas he was ordered to pay eight pounds for his strikeing of fewer men
112
THE RECORDS OF THE COLONY OF
[*106.]
Comittee to lay out y» Indjan planta- con at Naticke.
Ans' to Martjn Stcbbins peti-
Alice y Wclch- wonians re- lease out of prison.
Capt. "Walkers bill allowed, & 40 allowed to- wds his foale.
Customers discharged.
M' Batons debt Battisfied.
Ans'' to Edmond Rice liis peticon, r50 acres.
Ans' to Mary
Woodeys
peticon.
■who came to asist the connstable, the Courte, findcing that the evidence prooves y' three persons only were so abused, doe judge that he should be abated forty shillings in reference therevnto ; and further declare, that the counstable did not exceede the duty of his place in what he did to punish the peticoner for his offences.
*Itt is ordered, that Capt Eleazer Lusher, M' Edward Jackson, the sur- vejor gennerall, W" Parks, and Sarjeant Sherman, or any three of them, shallbe, and are hereby, impowred to lay out meete bounds for the Indjan plantacon at Naticke, betweene this and the next Coui't of Eleccou, making theire retourne to the Courte.
In ans"' to the peticon of Martjn Stebbins, desiring license to keepe a victualing howse in Boston for onc'yeere, the selectmen of Boston being willing thei-eto, the Court graunts his request.
In ans"^ to the peticon of George Munnings, respecting Alice, the Welch- woman, for hir releasment from prison, the Courte doth graunt hir request.
Itt is ordered, that the auditor gennerall shall signe the bill which Joseph Jewet, steward to y* Howse of Depu'% have assigned to to Captaine Walker, and add forty shillings thereto, w"'' this Courte allowes vnto y" sajd Captaine Walker towards the losse of his foale, he lending his mare freely to M"" Bel- Hngham for the countrjos vse.
"N^Tiereas, by an order of the Gcennerall Courte, held in October, 1648, the custome of wjnes was lett to Majo'' Sedjuke, M' Treasurer, Capt Norton, & M"^ David Yale, and that the rent of it, being one hundred and twenty pounds p anil, which was ordered to be pajd vnto Capt Richard Davenport, which he acknowledging to have receaved, the Court doth order, that the bonds of the gentlemen above mentioned shallbe deliuered vp to them, and they are dischardged.
Itt is ordered, that the Treasurer shall sattisfy M'' Benjamin Gillum the soilie of twelve pounds in corne jequivolent to mony, and is in satisfaction for so much this jurisdiccon owes to M"^ Eaton, of Newhaven, w"' which ISI"' Gil- lum acknowledged himself fully sattisfjed.
In ans'' to the petition of Edmond Rice, of Sudbury, the Courte doth graunt him fifty acres of land Ijing about a mile from Cochitchawake Brooke, twenty acres thereof to be meadow, if it be there to be had ; and doe order, that Capt Sjmon Willard and Lciuten"* Goodenow to lay it out.
In ans"^ to the peticon of jSIary Woodey, widdow, craving hir accompt of hir late husbands estate maybe examined & taken, and a certajne dis- tribution thereof made to hir & hir child, itt is ordered, that the peticoner make vp the accompt and produce the same, with the will and inventory.
THE MASSACIIUSErrS BAY IN NEW ENGLAND. 113
to the next Quarter Courte at Boston, who have power heereln to determine 1652. the case. "^ ' '
Itt is ordered, that the clarke for the Howse of Depu*^ shall account j^u^t„rto with the auditor gennerall for all such soiiics he hath from time to tjme re- »<^<^'""pt «'"' y"
clai-kc of )•»
ceivcd ill reference to his allowance for his service, and that the auditor shall Dcpu» & signe signe him a bill for the pajment of what shall be found due vnto him from the countrje.
*In aus"' to the jieticon of ^lartha Brenton, desiring to eujoy a boy &: [*1()7.] girle, borne of English parents, brought ouer amongst the Irish, as hir ser- Ans' to Martim
Brentons
vants, the Court graunts hir request, provided the ptjes are prooved before peticon. two magis'' to have come from English parents.
In ans' to the peticSn of INIiles Tearne & his wife, craving the allowance Ans' to Miles and confirmacon by this Court of a certaine parcell of land belonging to the peticon. lieires of Rott Rise, his wifes former husband, by them sold, y' thereby they might be enabled to place out the children of the sajd Rofet Rice to good trades, the Court graunts their request, and confirmes the sale of the sajd parcell of land, to y* value of twelve pounds, to the jjurchaser, as is desired.
In ans' to the peticon of the church of Maiden, the Courte doth remitt Ans' to the fine formerly imposed on M"" Marmaduke IMathewes, and doe further p^yjon remitt tenn pounds of the fine lately imposed on the church of Maiden.
In ans"' to the j^eticon of George Bowers, the Courte doth remitt five Ans' to Georgo pounds of the fine imposed on him by the last Court. peticon.
The Gennerall Courte, having receaved credible informatjon that the new Courts advice church in Boston have chosen JM' Powell to be thcire minister, and that he (.^^ch at Bos- hath accepted of theire chojce, doe judge it mecte, in respect of the trust the *°"- countrje hath coiliitted to them, lovingly to adise both the chiu'ch and M' Powell to desist from any further proceeding therein, for many reasons to long to be inserted heerein, which yett they shall coiiiunicate to the church or JNI"" Powell, if they desire it, and doubt not therefore of the churches and M'' Powells attending to this advice, and the rather becaAvse they maybe compe- tently furnished with an able minister, which as it is mostly desired, so will it tend most to the advancement of Gods glory, and encrease of peace and Christjan love, w"^ comfort to themselves and theire neighbo''*, of which they will have no cawse to repent ; for the furtherance whereof the Gennerall Court will not be wanting in their endeavo"'^-
In ans'' to the petition of the new church at Boston, the Court declares, Reasons of y
Courts ^dvicfi
they have not, nor intended, in theire advice given, condemned or discouraged the church or jNI"' Powell from excercising in publicke, tiU it please God to
VOL. IV. PAKT I. 15
114 THE RECOllDS OF THE COLONY OF
1G52. provide better for them; but our advice is against proceeding to establish M' "" ■"■ ^ Powell a teaching elder, and the reasons which induce vs are these — that notwithstanding the judgment of the church concerning M"^ Powells abillitjes and fitnes, j'ott the Courte are not sattisfied of the expediency of their proceed- ing in resjjcct of tliis place of such publicke resort, and considering the humour of the tjmes in England, inclining to discourage learning, against which wee have borne testemony this Courte in our petitjou to the Parljaraent, which wee should contradict, if wee should approove of such proceedings amongst ourselves. George Barber In ans'' to the request of the toune of Meadfeild, being not capable of
at Meadfeild" choosing coriiission officers, the Court doth graunt, y' George Barber, whom they have chosen as eldest Serjeant, shall carry on the millitary excercise there. [*108.] *In ans' to the peticbu of the South Company of Boston, the Courte, as
Ansr to y poti- tender of giving any discouragement to the petitioners, and having by order
tion, &c, of the _ i .•
South Compa- Confirmed Capt Leueret to comand a troope of horse, a place oi greater lienor, ny .1 OS on. ^^^ wherein he maybe more serviceable to the countrje, cannot consent to their request, which tends to oiu- losse, and the discouragement of a deserving man, and doe therefore thinke it meete, that the petitioners proceed to a new election, and the Courte willbe ready to confirme any meete man they shall present. Ans' to y col- In ans"" to the petition of y° prsesident and fellowes of Harvard CoUedge,
e ge peticon. ^^^^ Court doth graimt them eight hundred ackres of land, and libertje to jm- ploy such as they please to finde out such a place or places as maybe most coinodious and convenient for them, and to retourne to this Court what they have donne therein, to the end it maybe lajd out and confirmed ^-nto them. Ar.s' to M' In ans'^ to the peticSn of M"' Niccolas Shapleigh, the Court doth graunt
^ap ejg s pe- ^j^^ peticoner free libertje to come into any parte of this jurisdiction, and de- Dated 26 8>>«, part home, w^out any resti-ajnt to his person, for the terme of one yeere ; and he shall haue libertje to sue any pson, or review any action that by any of our Coui-ts hath past against him, or peticon any Court for his releife, provided, that what the sajd M'' Shapleigh shall recouer of any pson by all or any of the meanes aforesajd, shall be liable to any attachment or execution which any pson shall lay vppon them. Ans' to Menen In ans'' to the peticon of jNIenen Cornelison, itt is ordered, that the
."""^ ''°°^ ^^' petitioner shallbe sattisfjed by the administrators of Captaine Howsqu the whole value of the estate put aboard Capt Howsen, prooved by Alexander Monrooes and Eichard Stajnes, according as it shallbe vallued by M' James Garrett, and two men chosen, the one by one pty, and the other by the other, or any two of them ; and if any of the parties shall refuse or neglect to choose
2C October.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 115
a man as aforesajd, then M"' Garrett and the other shall proceed to the vallua- 16 5 2. tion, and that there shallbe a true inventory of the estate brought in, vppon oath, to the next County Court, by reason of many other debts owing by Cap- taine Howscn, which will appciue vppon good proofe ; and that the credito" may haue power to prosecute by lawe for recouery of their debts in any County Courte.
Itt is ordered, that INI'' John Pinchon, M"" Eliazer Holioke, and Sarauell M' Jn» Pin- Chapin, coiiiissioners for the toune of Springfeild, shall have the same eofriission Hoiiocke' & to act bv which was grauntod to M' Henry Smith the last ycere, and that they s»">"<'^l Cha-
° •'•'•' pin comission"
take this oath, viz. : Wee, John Pinchon, Eliazer Hoiiocke, and Samuell for Springfeild,
. . /■ 1 !• CI • n -T T ^ 1 /•!/-< 11 '^ their oath.
Chajim, comissioners lor the toune or .Sprmgreilde, by order ol the (jennerall Court, doe heere swcare by the living God that wee will truly indeavor, to our best ablUitje, to demeane ourselves in our places according to tlic lawes of God and of this jurisdiction, and that wee will dlspcncc justice, on all occa- sions propper to our place and cognisance, a?qually and impartially, during our aboade in this jurisdicuon and continuance of our comission, as aforesajd. So helpe vs God, &&.
*In ans'' to the peticon of seuerall inhabitants of Boston, the Court [*109.] graunts their peticon, viz., contjniiancc of the coiiiission graunted to the Ans' to Boston
^ ^ peticon for
coiiiissioners, and doe order, that the freemen shall have libertjc to make a rewallofcouiis- new election ycerely, according to the first graunt, leaving them to choose the ^„°J)i5°J„r, same coiuissioners, or others, as they shall please, ffilling vp the whole noum- ber of seven.
The counstable making rctourne of the ffreemens choice of Capt Jn" 21 : 8 mo, 1652. Eeueret, Cap? W-" Ting, Capt Thomas Savage, M^ Nathaniell Duncan, W ^^^f^'^'f""'" Edward Ting, Capt Thomas Clarke, and IM' Anthony Stoddard for coiiiis- sioners, the Court approoved thereof, and the Gouerno'^ administered the oath, suitable to their place, to them accordingly.
In ans"" to the peticon of the inhabitants of Strawberry Bancke, the Ans' to the pe- Court seeth not how they cann graunt further accomodation to the petitioners ^^^^ Bancke. till Capt Wiggins pattent be scene, which will be brought to the next Court of Election, and then accordingly it may be suppljed ; but doe graunt, that ISI"' Henry Sherborne and M"" Reiuold Fernald be admitted associates, according as in the peticon is desired.
Whereas the Sather of Capl Jn" Leueret, deceased, was an adventurer Grannt to
,„.,. IT. ir- Ti-1 Capt. Jn" Leu-
w*" the first into theise pts, by advancing monyes to the forwarding ot the ^^^^_ plantacBn, who neuer had any allowance of land or otherwise for the same, this Court doth therefore graunt to Cap? Jn" Leueret, his sonne, all those smale ilands lying w^'in the bay betweene AUirtons Pointe and Nahant not lieeretofore graunted. •
116 THE RECORDS OF THE COLONY OF
1652. There being a question when the countrje gave the youngest child of
' ■'' ' Jn° Winthrop, Escp, two hundred pounds, which is occasioned by the losse of
26 October. , . , .
Courts "raunt '""^ record, itt being yett m the remembrance of most of tlie Courte that that of2)0iMo Josh- graunt was made in the third month, 1049, the imediate Courte after die de-
ua Winthrop in
May, 1G49. coase of the said Jn° Winthrop, Es^, itt is ordered, that the graunt of the
Court be incerted in the Court reccords accordingly from that tjme. Courts ans' to In aus'' to the peticbn of Elizabeth Winthrop, the relict of Adam Win-
throp hir peti- t^ii'op> this Court doth declare and decree, that Adam Winthrop, the orphant, *""• of about five yeeres of age, being the only child of Adam Winthrop, the
fFathcr, and grandchild vnto Jn° Winthrop, the grandfather, is the true pro- prietor of tlic iland called the Gouerno''^ Garden, to have and to hold to him and liis heircs ; that Elizabeth Winthrop, second wife to Adam Winthrop, deceased, shall have the full thirds of the proffitts of the sajd iland for hir hfe; that M" Henry Dunster, ]M''^ Elizabeth Winthrop, during hir widdowhood, M'' Edward Riwson, Capt Thomas Clarke, and Capt Richard Davenport are appointed guardjans ouer the sajd Adam Winthrop, the orphant, to take care of his education, and also of all his estate, reall and personall, and to be accoumptable for the same vnto the sajd Adam, or his guardjan, whom he shall choose when he comes to the age of fowerteene yeeres ; and that admiu- istratjon shall bo requally graunted of tlie goods and chattells late of Adam Winthrop, deceased, vnto ISi" Elizabeth Wuithrop, widdowe, and vnto Adam Winthrop, the orphant. Ans' to James In ans"" to the peticon of James Pemberton, the Courte doth judge that
peticon. ^^^ testemonjes produced to proove the iland mentioned in James Pembertons
peticbn to belong to him doe fully proove the same, and doe therefore declare the sajd iland to be his propriety. [*110.] *In ans"" to the peticbn of the inhabitants of Glocester, craving the re-
Ans' to mittment of a fine they lay liable vnto for not observinsr the lawe for nomina-
Glocesters -i J o
peticon. tion of magistrates the yeere 1650, the Courte graunts theire request.
Ans' to vdddow In ans' to the peticbn of Joane Capen, widdow, craving the remittment
pet'iOon. °^ ^^^^ ^^^ ^^^^ ^^'^ iniposeth for not prooving hir husbands will, the Court
graunts hir request, and orders the peticbii to proove hir husbands will at the next County Court. Ans'toM' In ans'' to the peticon of Edward Rawson and Jerremiah Houchin, crav-
peticon. ^^S Some order to be made by this Comt for the allowance of the will of Cap-
tayne Bozoone Allen, deceased, that his estate suffer not, itt is ordered, and heereby administracon is graunted to the widdow and the two oiu-seers, and they to pforme the imperfect will as faiT as maybe, and they ai-e impowred to act as executo" and execcutrix.
THE MASSACHUSETTS KAY IN NEW ENGLAND. 117
In ans' to the peticon of the inhabitants of Hull, the Courte doth graunt 1 G 5 2. the peticoners liberty to soiiion those that detajne any of those ilands legally '~' ^i ' graunted to them to the next Genneiall Court, -^Aho shall give them a hearinar by a coiuittee, whereby theire long complaint may have an end put to it. petition.
In ans"' to the petition of David Sellecke, the Court remitts his fine for Ans' to the taking the Irishman ashoare, so as when he is recouered, he gives bond to D,,vij send him out of this jurisdiccon. Sellecke.
In ans'' to the petition of Willjam Parks, of Roxbury, and of Anthony Ans' to Cap' Fisher, of Dedham, and Eleazcr Lusher, craving this Courts confirmatjon of Antho. Fisiicr certajne lands sold to y" peticoners Lusher & Fisher, by W'" Parks aforesajd, P"'"'""- attourney to Samuell Cooke, of Dublin, in Ireland, gent, deceased, by order & power by letter of attourney from the sajd Cooke, the Court graunts their request, allowes of and confirmes the sale of the sajd Parks of y" sajd Cooks lands in Dedham to the sajd Lusher & Fisher.
In ans'^ to the peticon of Ambrose Lane, the Courte graunts the pcticoner Ans' to M'
, -n^ r • • ^ ' ^ • ■ • • Lanes peticon
to have a special! Courte tor any occasion mentioned in his petition, except in M' Hills case, who is sviiioncd to the next County Courte by him.
In ans"' to the peticon of Cap? Richard Daucnport, craving pardon for his Ans' to Capt. ofience m shooting in the niglit, when Capt Walker came m, and remittmcnt ports peticon. of the fine the law imposeth for the same, the Courte graimts his request.
Itt is ordered, that Roger Shawc shall and is hereby impowred to sue tlie Order furtiicr
to impowor
late counstable of Hampton for the pajment of eight pov.nds two shillings and Roger Shaw, sixepence, or any other concerned therein, at the next Court at Salem, and is in sattisfaccon of a judgm' acknowledged by the sajd Roger Shawc, for y" pajment of eight pounds for a barrell of ponder the toune had of the coiintrje, togeth- er Av"" so much as may defray the transportacbn of so much to the survejor gennerall.
*In ans'' to the peticon of the inhabitants of Woobourne, desiring that a [*111.] coinittee might be appointed to lay out y" farmes graunted to Jn" Winthrop, Coinissioncrs
to lay out M'
Es^, deceased, and to Thomas Dudley, Es^, Dep' GoQn'', nere Shawshin, itt winthrop & is ordered, that Capt Symon Willard, Capt Edw: Johnson, Edward Gofie, Tho f^^.^^^^ "^^^ • Danforth, Jn° Bridge, Serjeant Hale, and S'jant Sherman be coiiiissjoners to lay out the farmes as is desired, and that it be donne before the twenty fowerth day of the fowerth mouth next.
In ans"" to the petition of the inhabitants of Hauerill, the Courte, vnder- Stephen Kent standing that Steeven Kent was fined tenii pounds by the last County Courte at Hampton for suffering five Indeans to be druncke in his howse, and one of them wounded, doe therefore order, that Stephen Kent w"'in one month shall pay the sajd tenne pounds to the selectmen of Hauerill, who shall therewith
26 October.
Exeters pcticon.
118 TflE EECORDS OP THE COLONY OP
16 5 2. sattisfy for the cure of the Inclean ; and in case of his refusall, the marshall shall fetch the sajd tenn pounds from Steven Kent, w"' chardge for his pajnes, and deliuer it accordingly.
"Walter Tibbets A copie of the will of Walter Tibbet, of Glocester, deceased, as it was
testified by W™ Perkins and Robert Tuckers oathes, heing produced, y" origi- nall being lost at Ipswich, the Court doth allow and approove of the proofe of the will, as on file it may appeare.
Ans' to In ans' to the peticon of the inhabitants of Exeter ffor a finall determina-
tion of the case betweene Doner and Exeter concerning theire bounds about Lamprey Riuer, itt is ordered, that M"" W'" Payne, M' Samuell Winsly, and INIathew Boyce, oi' the major pte of them, shall vppon the place appointc and layout the bounds betweene them, and certify this Courte, and the two tonnes vnder theire hands what they shall determine.
Doner lyne on Itt is Ordered, that the uoitherne bounds of Doner shall extend from the
y nor mcs , ^^^^^ |.^^|j ^^ Ncwitchewannicke Riucr, ^•]lpon a north and by west Ijne, fowcr miles.
Coinittee to lay Itt is ordered, that Samuell Winsly, Thomas Bradbury, and Robt Pike
"i fir" ^ shall have further liberty, as a coinittee, to lay out the west end of Hamilton
end of Hamp- . ' ^ j i
ton bounds. bounds, till the next Court of Election.
Ans'to M' In ans"" to the petition of Henry Dunster, guardjan to the children of jSI'
tion^ ^^^ "^^ ' Josse Glouer, & ffcofFcc in trust in the bchalfe of Adam, the sonno of ]\P Adam Wintlu-op, late of Boston, deceased, desiring a coinittee maybe appoint- ed to vcjw and examine Avhat y° estates of Roger and John Glouer arc in the hands of the sajd Henry Dunster, Roger being slajne before any di\ission was made, that so the will of the sajd Roger may bo justly pformed, the Courte doth graunt the petitioners request thus farr — that Cap? Jn" Leueret, ]\I"' Edward Jackson, Capt Frauncis Norton, Leiueteiint W°' Davies, and M' Joseph Hills shall have power to vejw and examine the differences, as is desired, and make report of theire retourne to the next County Court for Middlesex, if it may be ready against the same, or else to the next Court of Midlesex after it. Courts appro- The wholc Courte, by their gennerall vote, did allow and approove of
coiTiit'tees ac^^t ^^^ ^■'^^^ °^ ^^^ coiiiittce about minting of money, & respecting their building about minting gf jj-^p j^^jj^j hg-^vsc at the coiiion charge, and allowance of the officers 15'^ in
of mony, w^"! is ^
on file. 8 mo., euery twenty shillings for theire paines, and ordered the comittee to continew
1652. . , . .11 1 1 ~
m thene power till the next eleccon.
[*112.] *M'' Nathaniell Souther is appointed publicke notary for this jurisdiccon,
M' Souther j^ (j^g j-oome of ]\I'' W™ Aspinwall, and tooke the oath suiteable to the place in
publick notary.
open Courte.
THE MASSACHUSETTS BAY IN NEW ENGLAND.
119
The Gennerall Com-t thankfully acknowledgeth the Treasurers love in furnishing theire coiiiissioners w"' teun pounds, and exprcst theire resolution to give liim full and due sattisfaccon for the same, to his content.
Itt is ordered, that Rich Bellingham, Es^, and W'" Hibbins, M'' Jn° (iloucr, and the secretary, or any three of them, shall be a coiuittce to pvse the lawes that have past this Courte, and to determine which of them shall goo to the tounes, and also to give the Courts sentence in ^I'' Ilindersons case, and deliuer the notarjes bookes to the present notary, who is to give his receijit of them to the present secretary, who is dischardged thereof.
1G52.
26 October. Tresurcrs love & thanks.
Coiiiittce to iivse y« lawes,
*Att a Gennerall Courte of Elections, held at Boston, the IS"' of May, \ 0 53.
1653. ^ '
18 May.
JN° ENDECOTT, Es^), Avas chosen GoQno'', & tooke liis oath accord- [*113-] ingly. Eich Bellingham, Es^, was chosen Depu' Goii, & tooke his oath accordingly. Thomas Dudley, Es^, M"^ Increase Nowcll, TM"' Symon Bradstreet, M' Thomas Fljnt, Mr Wm Hibbins, M'' Samuell Symonds, Capt Rett Bridges, Capt Tho Wiggin, M' Jn° Glouer, Capt Daniell Gookin, Major Daniell Dennlson, M'' Symon Bradstreet, Capt W"" Hauthorne, Jn° Endecott, Es^, Rich Bellingham, Es^, M' Edward Rawson was chosen Secretary. M' Richard Russell was chosen. Treasurer
were chosen Asistants, & tooke all theire oathes, excepting IM"^ Dudley, M' Fljnt, & Cap! Gookin, who were absent.
& was chosen Majo' Gennerall. were chosen Coiiiissioners for y'' Vnited Colonjes.
were chosen as Reserves.
The names of such as Avere retourned by the seuerall tounes to serve as Deputjes for this Gennerall Court are as followeth : — Salem : Left Lothrop, M' Jacob Barney.
120 THE RECORDS OF THE COLONY OF
18 May.
1 G 5 3. Charles Toune : M'^ Richard Russell, Cap? Frauncis Norton.
Dorchester : Left Roger Clapp, Ensigne Hopstill Foster. Boston : Capt Jn" Leueret, Capt Tho Clarke. Roxbiuy : M"^ Jn° Johnson, M" W" Parkes. Water Toune : Serj' Jn° Sherman. Michael Berstow. Lynne : M' Thomas Lajton.
Cambridge : M"" Edward Jackson, M'' Rich Jackson. Ipswich : M"^ Jn° Whiple, Jn" Gittings. Newbery : Capt W" Gerrish. Weimouth : Thomas Djer.
Hiugham : Capt Joshua Hubbard, Ensign Jerremiah Houchin. Concord : Capt Symon Willard. Dedham : Left Joshua Fisher, Frauncis Cliickering. Salisbury : M"' Samucll Winsley. Hampton : Roger Shawe. Rowley : M"^ Joseph Juett. Sudbury : M'^ Edmond Rice. Braintree : M'' Peeter Brackett, Steeven Kingsly. Doner : M"^ Valentjne Hill. Portsmouth : M'' Brian Pendelton. Glocester : W W" Steevens. Woobourne : Capt Edw: Johnson. Wenham : M'' Phineas Fiske. Hauerill : M' Robt Cleoments. Reading : Willjam Cowdrey. Springfeild : Capt Humphry Atherton. Maiden : M"^ Joseph Hills. Meadfeild : M"' Ralph Wheelocke. Kettery : M'^ Jn° Wincoll. Yorke : M'' Edward Rushworth.
Capt Humphry Atherton was chosen Speaker this session.
r*114 1 *!'''- is ordered by this Courte and the authoritje thereof, for prevention of
Prohibition of any such trade as maybe of dajngerous consequence to oiu'selves, as the ' ' strenghening of persons in hostillitje to our nation or ourselves, that from the publication heereof, all persons in our jurisdiccbn are prohibitted from carrying provissions, as corne, beefe, pease, bread, or porke, &6, into any of the plantacbns of Dutch or French inhabitting in any of the parts of Amerrica ; and in case any shall so doe, they shall pay treble the value so traded, vppon
18 May.
THE MASSACHUSETTS BAY IN MEW ENGLAND. 121
legall comactjon, to which end caution shall be given by all shipps or smaller 1 (] 5 3. vessells that shall transport any provicSns for trade, that they shall not deliuer, directly or jndirectly, any of the before prohibbited provicons to any of the persons, or thcire assignes, before excepted ; in pursuance whereof, if any person, transporting as before intended, shall not give in cautjon to double the valine to the clarke of the County Courts, or the secretary at Boston, whence they sajle from, to assure his fidcllitje to this order, he or they shall forfeite such vessell and goods, one fowerth part to y'' informer, the rest to the country.
Forasmuch as it is of great concernment to the countrje, that in all tonnes Tounes power
such as to serre
there should be meete persons chosen to the office of counstable, this Court refuse^
finding by experience, and some complaints, that in greater tounes, especially '"^ ^' <=''"°s''*-
J- .r jjjgg office.
in Boston, many who are meete and fitt to serve the countrje in such offices, by reason of the smalenes of the fines that tounes have power to impose for such refusall, which is but twenty shillings, take encoiuagement to w">drawe them- selves from the countrjes service in such resj^ects, itt is therefore ordered, that henceforth it shall be in the power of the toune of Boston to impose the fine of tenn pounds on euery such person that shall refuse to serve the countrje in the office of a counstable in y' toune, y' in his pson is able to execute it. And the selectmen of the toune of Boston are heereby, from tjme to tjme, im- powred by a warrant, signed vnder the hands of y" major pte of the selectmen for the tjme being, to the counstable, who shall levy the same by distresse, and deliuer the sajd fine to the sajd selectmen, to be jmprooved for the toune as a toune stocke ; and all other tounes have liberty & authority to impose the fine of five poiuids for the like offence.
This Court, taking into consideration the necessity of a right ordering of Ordering of woole in this jurisdiccbn, in seuerall respects, doth order, that all manner '^ ^"^^ ^°° *' of persons who are owners of sheepe, and shall put the woole to sale, shall and heereby are enjoyned yearely to wash theire sheepe in clcare water, not being either salt, brackish, or dirty ; and also that care be taken that they may not be kejit in duty or sandy ground betwixt the tjme of washing and shearing. And it is further ordered, that in making vp the fleeces, due care be taken that no short locks, lumps of dirt, or course tajles be found wound vp therein, vj^pon the poenalty of the forfeiture of twelve pence p sheepe, in defect of all or any of the particculars above mcntjoned.
Whereas the order made to regulate in pointe of rateing for the countrjes Rating of vse provided how horses, mares, and colts should be valued, which at present is farrc belowc what they are worth, — for redressing of which, this Court doth order, that henceforth euery mare, horse, or guelding, of fewer yeeres old or
VOL. IV. PART I. 16
122 THE RECORDS OF THE COLONY OP
16 53. vpwards, shall be valued in the countije rate *at slxtecne pounds, and of three
" '^ '' yeeres old at tenn pounds, and of two yeeres old and vpwards at seuen
^^ ' pounds, and of one yeere old at three pounds tenn shillings, any lawe or cus-
tome to the contrary notwithstandinsr. And further, it is ordered, that this
Rating of J o
horses. lawe shall continew for two yeeres only, vnlesse the Gennerall Courte shall
see cawse to contjnew or alter it. Lett alone. Whereas, by the providence of God, the noumber of our plantaoons are
None to preach ^j-^gj.g^gg^i diuerse of wHch, especially in theire beginning, are destitute of
W^out appro- ' ' r .; o o
bation, &c. persons fitly quallifjed to vndertake the worke of the ministrje, whereby they are necessitated to make vse of such hclpe as they haue to excci-cise and preach publicquely amongst them, by occasion whereof persons of bolder spiritts and erronious principles may take advantage to vent theire errors, to the infection of their hearers and the disturbance of the peace of the countrjc, for the pre- vention whereof, itt is ordered by this Court, that no person shall vndertake any constant course of publicque preaching or prophesying w"'in this jmisdic- tion without the approbation of the ciders of the lower next neighboring churches, or of the County Court to ■\\hich the place belongs. And if any person shall, after publication of tliis order, continew such a practize, the next magistrate, or magistrates, who shall be informed thereof, shall forbid such person ; who if he shall not forbeare, he shall binde him ouer to the Courte of Asistants, who shall proceed w"' such person according to the merrit of the fact.
A double levy. There having binn more then ordjnary expenses this yeare, by reason of
the troubles and other needefull and vrgent occasions, so that the annuall countrje levy -will not reach to satisfiction of our engagements, itt is therefore ordered by this Courte, that the Treasurer shall forthwith issue out warrants to the couustables of the seuerall tounes in this jurisdiccon, requiring them to signify to y** selectmen of each tonne, that at the tjme appointed for the yearly mak- ■ ing of rates, each tounes proportion be as much more as hath binn vsually in tjme past, both in regard of heads and estates, and doe therefore order the selectmen to act heerein accordingly.
Itt is ordered by this Courte and the aiithoritje thereof, that the late levye of a proportion of money, according to the last countrje rate, shall be retourned to the ouners thereof, and that the souldjers that are pressed in the seuerall tounes are heereby released.
r*116 1 *The retourne of the coiiiissioners who, vppon the coiuission graunted by
tne Gennerall Court, bearing date SS"* of October, 1652, viz., M'' Symon Brad-
• street, M'^ Samuell Symons, Capt Tho Wiggin, and M' Brjan Pendleton, in
THE MASSACHUSETTS BAY IN NEW ENGLAND. 123
order to theire comissioii, repaired to those partes. At tlieire arlvall at Kittery, they suinoncd the inhabitants to appeare before them in forme foli : —
To y" inhabitants of Kittery.
Whereas the Gennerall Court, hoklen at Boston in the last month, did appointe vs, whose names are heerevnder written, as by theire cornission, vnder the seale of the colonjc of the Massachusetts, doth or may appeare, by suinons, to assemble the inhabitants of this touue togither in some place which wee should judge most convenjent, aud to declare vnto them our just riglit and interest to, and jurisdiccon oner, the tract of land where yow inhabitt, requiring theire subjection therevnto, assuring them they shall enjoy sequall proteccon and priviledgc w"' themselves, this is therefore to desire yow, and in the name of the gouernment of the Massachusetts to requier yow, and euery of yow, to assemble togither before vs at the howse of Willjam Euerctt, bctweenc scuen and eight of the clocke in the morning, the 16"" of this present Nouember, to the end aforcsajd, and to settle the gouernment amongst yow, which wee hope will tend to the glory of God, and to the peace and welfare of the whole. Dated 15"^ Nouember, 1652, & signed
SYMON BRADSTEEET, SAM: SYISIOXS, THOMAS WIGGINS, BRJAN PENDLETON.
At the tjme appointed the inhabitants appeared, & a Court was held.
And whilst matters were in debate betweenc the inhabitants and the coiiiissioners, com23lainte was made against one Jn" Bursly for vttering threat- ning words against the coiiiissioners, and such as should submitt to the gouernment of the Massachusetts. Michael Brance & Charles Frost were wittnesses against the sajd Bursley. The sajd Bursly, vppon his exam- ination at length, in open Court did confesse the words, and vpp^n his submission was discharged.
After long agitacon w"^ the inhabitants about the whole buisines in hand, they offered to come vnder the gouernment of the Massachusetts, provided that the articles and condicons tendered by themselves might be recejved as the ground thereof, which being wholy denjed by the coiiiissioners, who told them they must first submitt to the gouernment, and then they should be ready to affoord such libertjes aud imunities as they should think meete to graunt ; wherevppon at length they did submitt, as foUoweth : —
124
THE IIECOIIDS OF THE COLONY OF
1653.
18 May.
Wee, whose names are vnder subscribed, doe acknowledge ourselves sub- ject to the gouernment of the Massachusetts Bay in New England.
Tho : Withers, Jn" Wiucoll, W" W C Chadborn, Hugh Gunnison, Tho : S Spencer, Tho: D Durston, Eobt R M INIeudam, Eise T Tliomas, James Emery, Christian Remech, Niccolas Frost, Kobt (j Weimouth, Humphry Chadbourne, Charles Frost, Abraham f Cunly, Eichard Nason, Mary B Bayly, Daniell Paule, Jn" Diamont, Georg Leader, Jn° Symons,
Jn° Greene, Hugbert Mattoone, Gowen AVilson, W" Palmer, Jerre: fi Sheires, Jn" Hoord, Tho : Spinny, Nath: Lord, Joseph Mile, Antipas Mauericke, Niccolas Shapleigh, Antho: [J] Emery, Eeignald R Jenkin, Jn" A White, Tho: — I Jones, Demis Douning, Jn" § Andrewes, Daniell Davies, Phillip Babb, W-" Euerett.
[*117.]
The graunt to Kittery, 20'" Nouember, 1653.
Whereas the toune of Kittery hath acknowledged themselves subject to the gouernment of the Massachusetts Bay in New England, as by the sub- scription vnder theire hands, bearing date the 16"" of this instant, it doth afipeare, wee, the comissioners of the Gennerall Couil of the Massachusetts for the setling of gouernment amongst them and the rest w*in the bounds of theire charter northerly to the full and just extent of theire lyne, haue thought meete and actually doe graunt as followeth : —
* 1''. That the whole tract of land beyond the Eiuer of Piscataq. northerly, together with the Isle of Shoales, w'^'in our sajd bounds, is and shallbe hence- forth a county, or shire, called by the name of Yorkeshire.
2. That the people inhabiting there shall enjoy protcccon fcquall acts of favor, & justice yv''^ the rest of the people inliabitting on the south side of the Eiuer Piscataqe, w"'in the Ijmitts of our whole jurisdiccon.
THE MASSACHUSETTS BAY IN NEW ENGLAND 125
3. That Kittery shallbe and remajnc a toiincsliip, «& haue and enjoy 1 G 5 3. the privilcdgcs of a toune, as others of the jurisdiccon haue and doc enjoy. ' "< ^
4. That they shall enjoy the same bounds that are clcere bctwcenc toune ' '^' and toune, as hath binn formerly graunted when comissioners of each bor- dering toune hath vejwed and retourned to vs or to the Gennerall Court theire sui-vey.
5. That both each toune and euery inhabitant shall haue and enjoy all theire just proprietjes, titles, and interests in the howses and lands which they doe possesse, whither by graunt of the toune, or of the Indeaus, or of the former Gennerall Courts.
6. That the town of Kittery, by theire freemen, shall send one dejiuty yeai-ely to the Court of Election, and that it shallbe in theire libertje to send to each Court two deputjes, if they thinke good.
7. That all the present mhabitants of Kittery shall be freemen of the countrje, and, having taken the oath of freemen, shall have libertje to give theire votes for the election of the Gouerno'', Assistants, and other gennerall officers of the countrje.
8. That this county of Yorke shall haue County Coiu-ts w^'in them- selves, in the most comodious and fitt places, as authoritje shall see meete to appolnte.
9. That euery touneshipp shall haue three men, approoved by the County Court, to end smale cawses, as other the touneshipps in the jurisdiccSn hath, ■where no magistrate or coinissioner resideth.
10. That the shire shall or may haue three associates to asist such comis- sioners as the present coiiiissioners or authoritje of the Massachusetts shall send, and such magistrates as shall voluntarilly come vnto them from tjme to tjme.
11. That the inhabitants of the county of Yorkshire shall not be di-aune to any ordjnary gemierall traynings out of theire oune county w"'out theire consent.
12. That the inhabitants of Kittery shall also haue & enjoy the same priviledges that Douer hath, vppon theire coming ■vnder this gouernment.
13. That all such as haue or shall subsciibe voluntarily, as the rest haue donne, before the ending this Courte, shall haue the priviledge of indempnitje for all acts of power excercised by the former gent vntill the protest, and for and in respect of such criminall matters as are breaches of pocnall lawes w"'in the whole gouernment ; provided, that Abraham C'unly hath libertje to ap- peale in respect of his case wherein he was fined tenn pounds, ann" 51.
14. Provided alwajes, that nothing in this our graunt shall extend to
126 THE RECOllDS OF TPIE COLONY OP
determine the infringing of any persons right to any hind or inhserltauncet whither by grauut, by pattent, or otherwise, where possession is had, but such titles shallbe left free to be heard and determined by due course of lawe.
Provided, and it is heereby declared, that nothing in this graunt shall extend to restrajne any civill action, or revejw for former civill cawses, which reveiw shall be brought to any of our Courts w^'in one yeere now ensuing. And whereas there are certajne debts and imposts due to the inhabitants of Kitterje and Accomenticus, and some debts which are owing from them to pticular persons for publicke occasions, itt is therefore ordered and agreed, that ]\I'' Niccolas Shapleigh shall haue power forthwith to collect such soiiie or soiues of money as are due to the aforesajd inhabitants, and pay such debts as are justly dew from them, and give an accompt thereof, w"'in one month, to the coinissioners that shallbe theu in present being ; and if it shall then appeare that there is not sufficyent to discharge the peoples engagement, it shall be suppljed by way of rate, according to the former custome.
SYMON BRADSTREET, THO: WIGGIN", SAMUELL SYMONDS, BRJAN PENDLETON.
[*118.] * Whereas the Gennerall Court, holden in Boston in October last, graunted
M' Niccolas Shapleigh protection for one yeere freely to come into the jurisdic- cbn of the Massachusetts, and to retourne to his oune bowse w"^out molestation, wee, the coinissioners appointed by the said Court to setle the ciuill gouernment at Kittery, &<?, vfipon the request of the sajd M'' Shaplejgh, haue thought meete, and accordingly graunted, that no former judgment or execution formerly ob- tejned by any credito'' in any Court of the Massachusetts against the sajd M.' Shapleigh shallbe of force against his jDcrson for one yeere from the date of the sajd protection, notw"'standing the jjlace of his habitation is w"'in the jurisdiccon of the Massachusetts aforesajd ; provided, neuerthelesse, that this priviledge and protection now graunted shall not barr or lett any person w'soeuer from suing or recouering by lawe any debt due by bond, bill, or otherwise from the said M'' Shapleigh vi^pon a new accon, either in the County Court of Yorke or Kittery, or w"'in the jurisdicCbn where any such credito"' may inhabitt, his person still to be free from restrajnt for y" terme aforesajd. Given at Kittery, vnder our hands, this 2-1"' Nouember, 1652. Constables of Thomas Dunston and Robert Mcndam were chosen and sworne coun-
stables for the tounc of Kittery.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 127
riiillip Babb, of Hogg Hand, was appointed & aiiUioiized comistable 1 fi 5 3. for all the Hand of Shoales, Starr Hand excepted. ""
18 May.
M' Hugh Gunnison was licensed to keepe an ordjnary, and to sell wjne constables of and strong water ; and for one yecre he is to pay but twenty shillings the i'"= °f shoales. butt.
Whereas the Gennerall Court, holdcn at Boston in October last, hath appointed and authorized vs, whose names ai'e vnderwrittcn, to sctle the ciuill gouerument in this place of Kitteiy, now in the county of Yorkshire, as by theire coinission, vudcr the scale of this colonjc, dat 28 of October, doth or may appeare, wee, therofoi-e, the sajd coiliissioners, w"' the free and full con- sent of the inhabitants of Kittery, have and hcereby doe constitute and appointe the right trusty JNI'' Brjan Fendletou, M' Thomas Withers, coinis- sioners, and M"" Hugh Gunnison as an associate, and invested them w* full power and authoritje, togither w"' one Asistant of the goQnment of the Massachusetts, to keepe one County Court at Kittery ; and euery one of these coinissioners hereby have magistratticall power & authority to heare and deter- mine smale cawses, like as other magistrates that arc Asistants haue, whither they are of a ciuill or criminall nature ; also power is hcereby giueu to the sajd comissioners and associate assembling togither betweene the County Courts, to heare and determine, w"'out a jury, in the sajd toune any cawse not exceeding tenn pounds. Any of the coinissioners may graunt suiiions or attachments, and execcution, if ncede requier. . Any of the sajd coinissioners heereby haue power to examine offenders, to coiiiitt to prison, vnlesse bajle be given and taken. Also each of thcise coinissioners haue heereby power, when they shall judge needefuU, to binde offenders to the peace or good behaviour ; also each of these coinissioners haue heereby power to administer oathes, ac- cording to lawe ; also marriage shall be solemnized by any of the coiliissioners, according to lawe ; also the County Court shall appointe a shire treasurer, to whom fines and matters of the like nature are to be accompted and pajd, for the vse of the countrje ; also any of the sajd coiliissioners may administer the oath to such of the present inhabitants as shall desier to be made free ; also two of these coiliissioners may, till other order be taken, graunt or renew licenses for ordinarjes, or selling wine or strong water ; also two of the sajd coiliissioners heereby haue authoritje to impower millitary officers vnder the degree of a captajne ; also power is heereby given to two of the sajd coinis- sioners, and they are reciuircd to cnjoyne *the toune of Kittery to procure [*119.] the bookes of lawes, and such also as are not as yett printed & enacted since the last bookc came forth in print; and it is intended that both grand juijcs and
128 THE EEC0RD3 OF THE COLONY OP
18 May.
1G5 3. ji""jes for trjalls shallbe suinoned for the County Coiut out of Yorke & Kittery proportionably. Given vnder our hands, at Kittery, this 20"' of No- uemberj 1652.
SYMON BRADSTREET, THO: WIGGIN, SAMUELL SYMONS, BRJAN RENDLETON.
The retourne of the comissioners who, vppon the comission graunted by the Gennerall Courte, bearing date 28 of October, 1652, viz., M'' Symon Bradstreet, JNl"' Sainucll Symonds, Capt Thomas Wiggin, and M"^ Brjan Pen- dleton, in order to theire coiiiission, after they had binn at Kittery, repaired to Accomenticus, or Gorgeana, and suinoned the inhabitants thereof to appeare before them.
"Whereas the Gennerall Court holdeu at Boston in the last month did appoint vs whose names are heerevuder written, as by theire coinission vnder the seale of the colony of the Massachusetts doth or may appeare, by suiiions to assemble the inhabitants of this toune together, in some place which wee should judge most convenjent, and to declare vnto them our just right and interest to, and jurisdiccon ouer, the tAct of land where you inhabitt, requir- ing theire subjection therevnto, assuring them they shall enjoy ajquall protec- con and priviledge w"' themselves, — this is therefore to desire yow, and in the name of the gouernment of the INlassachusetts to require yow, and euery of yow, to assemble together before vs at the howse of Niccolas Davis, betweene seven and eight of the clocke, on Monday next, in the forenooue, to y' end aforesajd, and to setle the gouernment amongst yow, which wee hope will tend to the glory of God, and to the peace and welfare of the whole. Dat 20* day of Nouember, 1652. Subscribed,
SYMON BRADSTREET, SAMUELL SYMONDS, TIIO: WIGGIN, BRJAN PENDLETON.
And was directed to M"^ Niccolas Davis and M"" Jn" Davis, who were required and authorized to warne the inhabitants abovesajd.
Vppon the 22"' of Nouember, 1652, the coinissioners held theire Courtj and the inhabitants appeared, and after some tjme spent in debatements, and
THP: MASSACHUSETTS BAY IN NEW ENGLAND.
129
many queestions answered and objections remooved, w"' a full and joinct con- sent acknowledged themselves subject to the gouernment of the Massachu- setts in New England ; only M' Godfry did forbeare vntlU the vote was past by the rest, and then iiTiediatcly he did, by word and vote, expresse his con- sent also. The names of tliose that tooke the oath of freemen were, —
1653.
18 May.
M"' Edward Godfrey, Tho Crocket, Jn" Alcocke, W"" Dixon, Rice: Codogan, George Parker, Andrew Euered, Eobt Kjiight, W" Eogers, Sam Alcocke, Joseph Alcoke, Peter Wjer, Phihp Adams, M'' Prauncls Eaines,
^ Lewis, Robt Edge, Phillip Hatch, Jn° Davis, Niccolas Bond, M' Edward Johnson, Hugh Gajle, W™ Garnesey, Rich: Banckes, Edw: Wentom, George Brancen, Mary Topp:, acknowledged hirself subject, &(3, only.
The comissloners (soone after) graunted vnto tnem seuerall prluUedges and libertjes, subscribed vnder theire hands, the same which they graunted to the inhabitants of Klttery, w"" these additions, viz. : —
Further, wee, the comissloners aforesajd, doe consent and agree that the totine now called Accomenticus shall henceforth be called Yorke.
3. *Ajid that one Court shall be kept yearely in the sajd toune, by such
VOL. IV. PART I. 17
M-- W™ Hilton,
W" Moore,
Henry Donell,
Edward Stirt,
Rowland Young,
Jn" Parker,
Arthur Bragdon,
W" Elllngham,
Jn° Tuisdale, Juii,
Tho Courteous,
Silvester Stouer,
Tho Dennell,
M"^ Edward Rushworth,
Jn° Harker,
Niccolas Davis,
Sampson Angler,
M' Henry Norton,
Rott Hetherse,
W"" Freathy,
Jn° Davis,
Jn" Tuisdale, Sen,
M'' Abra: Preble,
M'^ Jn" Gouch,
M' Tho Whelewrlght.
[*120.]
130 THE RECORDS OF THE COLONY OF
16 5 3. magistrate or magistrates and other comissioners as the Gennerall Court of the
' Y — ■' Massachusetts shall from tjme to tjme appointe, and for the present by such
^^' comissioners as shallbe authorized by the aforesajd comissioners of the Massa- chusetts, which Court shall haue the same power for trjall of all cawses, ciuill or crjminall, arising in the county of Yorke, as other County Courts hauc in the Massachusetts jurisdiccon.
4. That such of the present inhabitants as shall take the oath of freedome shallbe thenceforth capable of giving theire voate for the choise of Gouemo"", Asistants, and other gennerall officers, and of being chosen to any of the afore- sajd places of honnor and trust.
5. Itt is further agreed, that the inhabitants of Yorke and Kittery shall sett out theire bounds betwixt them, and the inhabitants of Wells and Yorke shall sett out theire bounds betwixt them, w*in one yeare now next ensuing ; otherwise it shall be donne by coinissioners appointed by the Gennerall Court, and the head Ijne of Yorke bounds into the countrje shallbe in a streight Hue by the south east side of a certajue pond, about two miles into the countrje beyond the northerly braunch of a certaine marish, now iniprooved by some of the inhabitants of Yorke, and so to the divicbn Ijnes betwixt the tounes be- fore mentioned ; and if it so fall out that any part of the marshes now reputed to belong to Yorke, and iniprooved by the inhabitants thereof, shall fall w'l'in Kittery bounds, yett the sajd propriety of the said marish shall belong to the inhabitants of Yorke to whom it is graunted ; and if any of the lands or marishes now reputed to belong to Kittery, and improoved by any of the in- habitants thereof, shall fall w'Mn the bounds of Yorke, yett the propriety of the sajd lands or marish shall belong to such of the inhabitants of Yorke or Kittery to whom it is graunted.
SYMON BRADSTREET, THO: WIGGIN, SAMUELL SYMONDS, BRJAN PENDLETON.
At the same Court held at Yorke y« 22 of Nouember, 1652, M' Nicco- las Davis was chosen and sworne counstable.
M"" Edward Rushworth was chosen recorder, & desired to excercise the place of dark of the writt.
M"^ Henry Norton was chosen marshall there.
Jn" Davis was Ucensed to keepe an ordjnary.
Then was the comission graunted to the Court of Yorke as foUoweth : —
"Whereas the Gennerall Court, holden at Boston, in October last, hath
THE MASSACHUSETTS BAY IN NEW ENGLAND. 131
appointed and authorized vs, whose names are vndei-wrltten, to setle the ciuill 16 53. gouernment ui tliis place, now called Yorke, in the county of Yorkshire, as '
by theire coinission, vnder the scale of this colony, dat 28 of the aforesajd y^^j^ October, doth or may appeai-e, — wee, therefore, the sajd coinissioners, w"» the free and full consent of the inhabitants of the sajd toune, haue and doe heereby constitute and appointe the right trusty M"' Edward Godfry, M"' Abra- ham Preble, M'' Edward Johnson, and M'' Edward Rushworth coinissioners, invested w"" full power and authoritje, together w* one Asistant of the gouern- ment of the Massachusetts, to keepe one County Comt yearely at Yorke ; and euery of these coinissioners heereby have niagistratticall power to heare and determine smale cawses, like as other magistrates that are Asistants haue, whither they are of a ci-sdll or of a crjminall nature. Also power is heereby given to any three of the sajd coinissioners, assembling togither, betweene the County Courts, to heare and determine, w"'out a jury, iu the sajd toune, any cawse not exceeding tenn pounds. Any of the coinissioners may graunt sufnons or attachments and execcution, if neede require. Any of the sajd coinissioners heereby haue power *to examine offenders, to coiiiitt to the prison, [*121.J vnlesse bajle be given and taken ; also each of these coinissioners haue heere- by power to administer oathes according to lawe. Also any of the comlssioners haue heereby power, when they shall judg needfull, to bind offenders to the peace, or good behaviour. Also marriage shallbe solemnized by any of the coiiiissioners, according to lawe. Also the County Court shall appoint a shire treasurer, to whome fines and matters of the like nature are to be accompted and pajd for the vse of the county. Also any of the sajd coinissioners may administer the oath to such of the present inhabitants as shall be made free. Also two of theise coinissioners may, till other order be taken, graunt or re- new licenses for ordinarjes, or selling wine or strong waters. Also two of the ■ sajd coiiiissioners heereby haue authoritje to impower millitary officers vnder the degree of a captajne. Also power is heereby giuen to two of the sajd coinissioners, and they are required, to enjoyne the toune of Yorke to procure the books of lawes, and such also as are not yett printed, and enacted since the last booke came forth in print. And it is intended that both grand jurjes and jurjes for trialls shall be suiiioned for the County Court out of Yorke and Kittery proporconably.
Giuen vnder our hands, at Yorke, this 22"^ of Nouember, 1652. Signed,
SYMON BRADSTREET, TH'^ WIGGIN, SAMUELL SYMONDS, BRJAN PENDLETON.
132
THE KECORDS OP THE COLONY OF
Who to keepe Courts at Yorke & Kittery.
Coffiission's Court at Ports- mouth power.
Judgment of Court about Nodles Hand.
[*122.\
The Courts Bence & desire of M' Norton acceptance of office in y« church of Boston.
The Court, having vjewed this retoiirne of the coiuissi jners at Kittery and Yorke, doe approove thereof, and orders, that due & harty thanks be ren- dered to them by this Court for their pajnes and service therein, and shallbe willing and ready to make them further sattisfaccon, in the graunt of some land to each of them respectively, when any shall be presented.
Itt is ordered, that Richard Bellingham, Es^, w*'' Thomas Wiggin, M"^ Godfry, M' Niccolas Shapleigh, and M' Edward Rushworth, shall keepe the County Courts at Yorke and Kittery for this yeere, at the tjmes appointed, and that they send out warrants to the inhabitants of Yorke and Kittery forth- with to proceed to a faire eleccon and nomination of three associates from amongst themselves, to asist such magistrate and coinissioners as this Genner- all Court shall appointe to keepe theire County Courts for the next yeare.
Itt is ordered by this Court, that the Comissioners Court at Portsmouth shall haue aequall power for trjall of actions w"'in themselves, to the value of tenn pounds, as Yorke and Kittery haue, which shall continew till the Court shall take further order; and the County Courts of Doner aud Portsmouth shall annually haue theire Courts vppon the last Tuesday in June ; and the county of Yorkeshire shall haue their County Court the Thirsday ffollowing.
In the case of Left Jn" Sayers, attourney of Colonell Jn" Burch, assignee of Capt George Briggs, against M'' Samuell Mauericke, for Nodles Hand, at a speciall Court held at Boston, 28"^ December, 1652, the Court not receiving the verdict of the jury, the case, by course of law, fell to the Gennerall Court, to be determined. This Court, having heard and pvsed the evidences in y" case produced by both partjes, determined the same by resolution of a quaestion, viz. : resolved on the question in the case betweene Colonell Jn° Burch & M"' Mauer- icke, that Nodles Hand and appurtenances, in the same condicon as is expressed in the dcede of sale to Capt Briggs, doth belong vnto Collonell Jn° Burch, and possession is to be deliuered vnto him, his heires or assignes, vppon the pay- ment of legall *tender of seuen hundred pounds starling, at the storehowse next the waterside, at the bridge in Barbadoes, in good, marchan table sugar, at price current, as for bills of exchange, payable in London iiuediately after the expiracon of thirty dajes sight of the judgment of this Court in this case, and that there should be no charges allowed to Collonell Jn° Burch.
Though this Court cannot but on all occasions expresse theire sence of the heavy stroake of God on the whole countrje, as well is on the toune of Boston, in that he hath seene meete to deprive them of so vsefidl an instrument as ]\P Jn" Cotton was, yett would not be wanting to rejoyce in Gods goodnes in making vp that sad breach w**" such a comfortable supply to the church of Boston, in that the Reuerend M' 3n° Norton, by the gracjous blessing of God
THE MASSACHUSETTS BAY IN NEW ENGLAND. 133
18 May.
on the endeavo" of the church of Boston, with his oune good liking, is novr 1 6 .5 3. resident amongst them, the Coui-t judgeth it no more then necessary that this *"" ^ Court should, by the honnored Gouerno'', with the Speaker of the Deputjes, expresse to the Reuerend M'' Norton, not only how acceptable it is to them that God hath mooved his hart to accept of the call of the church of Boston as hitherto, but also to declare to him that they doubt not but if God shall pro- ceed in mooving him to proceed with that church in theire desires, and his ac- ceptance of office amongst them, itt will tend much to Gods glory and the good sattisfaccon and contentment of this Court and the countrje, of which they belejve he will have no cawse to repent ; and further orders, that a letter be diaime vp, and sent from this Coiut to the church of Ijiswich, with thankes for theire love and self deniall thus firr, and desires that they would dismisse M' Norton to the church of Boston. Which letter is in the booke of reccords for letters.
In ans'' to the peticon of Hugh Gunnison, craving the rcmittment of halfe Ans' to Hugh
-, -, .,.,.,. i» • 1 /-i Gunnisons
a yeeres rent dew to the countrje lor his drawing 01 wjne, the Court graunts peticon. his request, provided that he allow as his act the being and acting of Evan Thomas as his compleat agent and debto' for all rents dew to the countrje from the tjme he left the place and implojment heere, & pay the tenne shillings for his peticon.
In ans"" to the request of M'' Jn" Coggan and Willjam Parks, ourseers of M' Coggan &
W™ Parks
the will of Ju° Wooddey, the Court doth graunt libcrtje to M'^ Jn" Coggan, po^g^ to sell William Parkes, and Richard Wooddey, Sen, or any two of them, to make >" '""''s- *<=> °f
.( ./ jjjo Woodey.
sale of all the whole estate, viz., of howseing and pte of the mill, togither w"" all goods belonging to the estate of Jn" Wooddey, or any debts belonging to that estate, for the bennefitt of the mother and child ; provided, that securitje be given by INI"' Coggan, or any otlier that will take the estate, for the childs proporcbn at twenty one yeares of age, and that due education and majnte- nance be given out of the proceed of the estate so sould, from y' tjme till he come to age, as aforesajd, and that the securitje be given in at the next County Court, and ratified vnto the partje that receaves the childs porcon.
Att the request of the inhabitants of Doner, Capt Rich Walderne and Associates for M' Valentine Hill are appointed and authorized as associates, to sitt w"* the Magis'^, and keepe the County Court at Doner for this yeare.
In ans' to the peticon of George Addams, the Courte, finding that he was George found guilty of selling two gunnes and strong waters, having nothing to sattis- ^'"^ ''^"' fy the lawe, determined that he shall be severely whipt the next lecture day at Boston, and then discharged of the prison.
The Courte, being informed that Joseph Fletcher, servant to M' Hall, of
]34 THE RECORDS OP THE COLONY OP
16 5 3. Salisbury, who is now in England, & hath sustajned great losse in his cattle of ' ' late, is impressed for a souldier, and if he should be sent forth vppon any ex-
18 May. ,. • • ,-,1 ■, - , • , •
pedition, it would be extrcame damage to lum, this servant being the cheife
stay of his family, judge it meete, therefore, to exempt the sajd Joseph fiom
any presse this sommer. • ■
[*123.] *There being formerly fower thousand acres of land graunted to the touue
300 acres of gf Roxbmy, of whicli M"^ W™ Parks was to have one hundred fower score,
land to W» . . . .
Parks. and wliich vppon his request to this Court Is heereby ordered, with the addi-
tion of so much as may make the same three hundred acres, to be lajd out by Capt Willard and Sarjant John Sherman, neere the land lately graunted to ]\I'' Joseph Hills, at a place called Nanacanacus.
Jn» Hautliorns Forasmucli as the cijme confessed by Jn° Hauthoirne could not easily be
legally prooved against him had he not confessed it, and that the lawe in that case ordajnes aequall punishment for all offences of that nature, although of different degrees, according vnto which all inferior Courts are bound to pro- ceed, yett the Gennerall Court, being at more libertje, may proportion the pun- nishment according to the difference of offences of that nature ; and therefore this Court doth order, that the peticoner, in lejw of the punishment in the lawe appointed, shall pay double damages, which is twenty pounds, to the party wronged, and tenn pounds to the coiiiouwealth to be forthwith levyed, and be disfranchised. If he doth not submitt to the sentence, then the law provided against forgerje is to take place in euery particular thereof.
Comission's to Itt is ordered, that Samuell Winsley, Thomas Bradbury, and Left Eofet
ayou ^jim- pj].g g\-^^\\ ^aue further libertje to lay out the west end of Hampton bounds, till the next sessions of this Court.
Resolution of a The qusestion being put, whither, by the lawe, title Weights and Measures,
quEestion about i r. • r • -y . ^ i ■ , i
lin of °''"^ chosen tor prooving 01 weights and measures being a tounesmaii when measures. clioseii, and being left out the yeare following from being a touncsman, may
not yett remajne in y" place of sealer and proover of such weights and meas- ures, the Court resolves it on y'= affirmative, so as by a tounsman be meant a selectman. Ensigne How- Whereas there was an order past the fii'st session of the last Coiut, that
Gage to lay out ^^^^ toune of Rowley should have five hundred acres of land lajd out neere the 500 ac's for bounds of Andeuer, there being none appointed to lay it out, this Couit, on
Kowley.
theire request, doth order that Ensigne Howlet and Corporall Gage shall and
hereby are appointed to lay out the sajd five hundi-ed acres.
Coffiittee for This Court taking into serious consideracon the insupportable charge the
charges countrje is at in regard of the vast expences at the Courts that are kept in
this jurisdiccbn, which this Court is wilhng, if it maybe, to redi-esse, and doe
THE MASSACHUSETTS BAY IN NEW ENGLAND. 135
18 May.
therefore order and appoint, that Richard Bellingham, Es^, M'^ W" Hibbins, 1653.
M' Jn° Glouer, Capt Jn° Leueret, M' Rich Russell, Cap? Atherton, INI'' Jn" " ^
Jn^son, survejor, Capt "VVillard, M' Edward Jackson, M'^ Joseph Juett, and Capl Edward Johnson be a comittee to consider of such wajes and meanes as may lessen the charge of the countrje by lessening ^ noumber of deputjes, giving more power to comissioners in tounes for ending of cawses, referring what maybe to inferior Courts, that the Gennerall Court be not troubled with smale matters, but to act only in matters of higher concernment, and what els they, or the major pt of them, meeting, shall judge meete for the attajnement of those ends ; and that it shallbe in the power of Richard Bellingham, Esffi, to appoint both tjme and place for the meeting of this coiiiittee.
In ans"' to the peticon of Steephen Kent for the remittment of the fine y' Steephen was imposed on him by the last sessions, the Court seeth no reason to grant continewed his request.
In ans'' to the peticSn of John Guppy, craving remittment of y* fine the Jn« Gupp> law imposeth on such as give in more voates then one for Magistrates at the 2o> eleccon, professing what he did in such a way was through his ignorance of the lawe, the Court abates the fine to twenty shillings.
In ans"^ to the peticon of Cap? Thomas Wiggin for a writt of divicon of Ans' to Capt. the two pattents of Swampscott, the Court referrs the divicon thereof vntill the peticon. yeare 1654, in October, and order, in the meane tjme, there be a forbearance of falUng of wood and tjmber vppon the lands exprest in y' peticon.
*The inhabitants of the toune of Springfeild, presenting theire desires by [* 124.1 theire deputy, for seuerall things, viz., that they might have some man author- Courts graunt
t • t r 1 1 111 Springfeild.
ized to give the freemans oath to such as are capable to take the same, that they might haue a great gunn lent to theire toune, & that theire millitaiy offi- cers chosen two yeares since may by this Court be allowed and confirmed, any late lawe notw^'standing, — in ans'' whereto this Court doth order, that M'' Jn° Piuchon and M"^ Elitzur HoUocke shall and heereby are impowred to give the freemans oath to such as are capable to take it there ; and that they shall haue a great gunne lent them during the Courts pleasure, if any such gun cann be found vndisposed of; and as touching theire millitaiy officers, this Court judg- eth it meet for y^ present only to confirme M"^ Jn" Pinchon for theire leii, and M"^ Elitzur Holioke for theire ensigne ; referring the confirmation of M'^ Smith to be theire capt vntill he shall retourne from England.
In ans'' to the peticon of the inhabitants of the He of Shoales, itt is Ans' to y lie ordered, that the peticoners shall haue libertje of detennuiing ciuill actions petjcon which shall concerne them, where either one or both parties are inhabitants, and taken there, to the value of tenn pounds, and that M' Brjan Pendleton, .
136 THE KECOKDS OP THE COLONY OF
M' Niccolas Shapleigh, Hercules Hunkins, Eichard Seely, and Phillip Babb be coinissioners for such cases, and that they, or any three of them, M' Pen- dleton or M"' Shapley being one, may heare and determine all such cases legally brought before them, according to lawe, till this Coui't take further order therein ; and for setling of the millitary officers and company, the Court hath already provided in that case, in the order for setling of the militja, made anno 1652, which gives the cheife officer of euery company power to act heerein ; and for clarke of the writts, none being presented, its left to the discretion of the coinissioners aforesaid, or the majo"^ part of them, to appoint a meete man for that service, till the Court shall take further order therein. A new planta- In ans"" to the peticon of seuerall inhabitants of Springfeild, &6, craving
y«'inhabitants liberty & authoritje to erect a new plantacftn and tounesliip at Nonotucke, &d, of Springfeild. j^t is Ordered, that M"^ Jn° Pinchon, M"^ Elitzur Holioke, and Samuell Chapiu
Vide p« 188. . _. . . .
shallbe, and heereby are, appointed a comittee to diuide the land peticoned for into two plantacons, and that the peticoners make choice of one of them, where they shall haue libertje to plant themselves, provided they shall not apropriate to any planter above one hundred acres of all sorts of land, where- of not above twenty acres of meadow, till twenty inhabitants haue planted & setled themselves vppon the place, who shall have power to distribute the land, and give out proporcons of land to the seuerall inhabitants, according to theire estates or eminent qualiffications, as in other tounes of this jurisdiccon. 2000 acres of Por the incouragement of Harvard CoUedge and the society thereof, and
trHa^vard'^*^ for the more comfortable majntenance and provicon for the p>sident, ffellowes, CoUedge. and students thereof in time to come, this Court doth graunt vnto the sajd
society and corporation, for the ends aforesaid, two thousand acres of land w^'in this jurisdiccon, not formerly graunted to any other, to be taken vp in two or three places, where it maybe found convenient ; and to this end it is de- sired that the sajd corporation of the colledge doe appoint some persons in theire behalfe to finde out the places where such land may be freely taken, and to make retourne assoone as they may, that the Court may more pticcu- larly and expressly confirme the same. [*125.] *Iii ans' to the peticon of seuerall of the Inhabitants of Concord &
Ans' to Con- Woobourne for the erecting of a new plantacon on Merremacke Riuer, neerc
cord peticon. , r /^ i i -ixr
to Pawtuckett, the Court doth graunt the peticoners ot Concord and Woo- bourne the tract of land menconed in theire peticon, excepting some part of it joyning to Merremacke Eiuer, provided that the sajd peticoners shall suffi- cjently breake vp full so much land for the Indjans in such place as they shall appointe, w"'in such plantacon as shall there be appointed them, as they
THE MASSACHUSETTS BAY IN NEW ENGLAND. . 137
haue of planting ground about a hill called Robbins Hill, and that the Indjans 165 3. shall haue vse of theire planting ground, aforesajd, free of all damages, vntill " '^ ' the peticbners shall haue broken vp the land for the Indjans as aforesajd.
S'*'. For the plantacon peticoned for by M'' Eljott, the Court judgeth it Ans'toM' mecte to be graunted thcni, w"' the exceptions and provissions aforementioned, ;„ beh.iife of and for the stating of both, that Capt Willard and Capt Johnson be appointed ^^^ Indjans. to lay out the sajd plantacons or touneshipps, the English at the charge of the peticbners, the Indjans at the charge of the countrje, w*''in one month after the end of this sessions, that neither of the plantacons be retarded.
3'^. That if the peticouers of Concord and Woobom-ne shall not, w'^'in Condicon of two yeares, setle a competent noumber of familjes there, by building and woobem plan planting vppon the sajd tract of land twenty familjes or vpwards, so as they **''°°- may be in capacitje of injojang all the ordjnances of God there, then the graunt to be vojd.
In ans"^ to the pctlcous of INP Eobt Knight and Mcncn Cornellison, the Courts judg-
„ 1 • 1 1 1 • 1 1 n 1 • 1 • , , raentin Meuen
Court, having heard and considered all the evidences m the case betweene Comeffisons Menen Cornellison and M' Robt Knight and the rest of the administrators to ''^^' the estate of Capt Howsen, doe ai^proove and confirmc the judgment of the former Gennerall Court in that respect, and declare the proceeding of the marshall and the apprizers of certajne lands on the Fort Hill to be null, and orders, that the secretary shall issue out an execution for the seventy eight pounds sixe shillings, determined by the award of M"^ Davisson, JM'^ Garrett, and M'' Walker, the dew of iNIenen Cornelison on the estate of the sajd Roftt Knight, or any of the administrators.
In ans'' to the petition of Job Lane, in the behalfe of Ebedmeleck, his Kbedmelecka servant, for the remittment of the rigor of the lawe, &6, the Court judgeth it sm^*^^"^"^ ''^'^' meete, that the sajd Ebedmelecke, for his stealing victualls and breaking of)en a window on the Lords day, shall, the next lecture day, be whipt with five stripes.
In ans"' to the peticon of IM"" Thomas Gayner, the Court, finding vppon Ans' to M' record that M' Gayners attourney, in May, (52,) proffered, that if M"' Aspin- joj"'^'^* ''^"' wall would take his oath that the buisinesse of the ship Planter was included in the acq^uittance produced, that it should issue and determine the case, the which also M"' Aspinwall did, and therefore judge M"' Gayner is thereby barred, and hath no ground of farther complajnt to tliis Court in respect to that case, but should therein acquiesce.
In ails'" to the peticon of the touiie of Lynne, itt is ordered, w"" relation 10'^ p ann. ann-
I ^ , ,. , . „ ^ 1 n 1 11 , ually allowd
to the Uourts tormer engagement, tliat the toune of Lynne shall be allowed („ Lynue. tenn pounds p annum by the country, so long as the iron workes shallbe
VOL. IV. PART I. 18
M' HiUs rccompenc.
138 THE RECORDS OF THE COLONY OF
165 3. continued, or during the tjme of tliciie imunltjes from publicke charges ' ^' ' grauuted by the Court.
18 May. ^
A great gunu Whereas the toune and jjlantacon of Dedham being somewhat remote,
lent to Ded- ^^^ maybe in more dainger then some others are, this Court doth therefore
ham, &c. •' °
order, that the surveior gennerall shall deliuer vuto the selectmen of Dedham
one of those drakes at Eoxbury, (pvided they sattisfy them what charge they
haue expended in mounting the sajd gun, and also keepe it in good repaier,)
fitt for service, and the survejo"^ gennerall is heereby inipowred to fetch a
greater gun from Dorchester to Roxbury, if it be desired, paying for the
mounting of it.
Ans'toM' In ans' to the petition of M'' Joseph Eockc, the Court declares, that a
man chosen to the office of a counstable, and refusing to accept it, is liable to
no more then one fine, and may not be put vppon the same office the same
yeare, and that the petitioner, paying the first fine, w"^*^ is twenty shillings, is
to pay no further fine.
[*126.] *In aus'' to the peticon of M' Joseph Hills, desiring due recompense for
his service doune the country about the lawes, the Court judgeth it meet to
allow him tenne pounds out of the next countrjo rate.
M' Knights In aiis^ to the peticbns of M"^ Niccolas Shajjleigh and ^M"" Robt Knight,
M' Shaplcy re- ^^^ Court grauiited a hearing of the case betwixt them ; and, on the hearing
'*^'- and examination of all the evidence produced in Court, the Court judgeth it
mecte to reuerse the judgment of the Court of Asistants, the 5''' of the 7 in,
48, so farr as it any way respects the sajd M'' Shapleigh.
Case bet. M" In ans'' to the reqiiest of M'' Joseph ]\Iason, agent for INI"'' Ann INIason,
Leader refold ^'^"^ ^^' Thaddeus Riddan, agent for M' Richard Leader, the determination
to y next ses- ^f ye action bctweene them is respited till the next session.
sions.
Countrje high- "Whereas, by order from the Gennerall Court, these fewer tonnes, Ips-
dTr to°i wich, Newbury, Rowley, and Andevor, should appointe men to lay out the wich.New- coiiion higliwajes for the country from toune to toune, wee, the men appointed,
berry, & Kow- ...
ley. haue accordingly donne it, beginning at the south end of Andiuer, contjnew-
ing it in the cartway ueere halfe a mile, vnto a hill at the foote of a hill called Bare Hill, as it is marked w"" trees ; then coming into the beaten way which leadeth ouer a plajne belonging to Rowley, so leading on the southwest of a pond called Five Mile Pond ; so continuing the cartway vnto a pond called M' Bakers Pond, leaving the pond on the south, and so passing ouer a little stiipp of meadow j so on the cart way to ISI"^ Winthrops plajne, and so still the cart way on the south side of Capt Turners Hill, and from thence the Ijeaten way to Ipswich.
18 M
ly.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 139
Now, halfc ;i mile short of tlie Five Mile Pond, from Andiiier, bcginis the 10 5 3. ■way to RoA\ley and Ncwbery, goin<^ in the beaten way of the south side of the Bald Hills, and contjnuing the beaten way vutill it come to the vppermost Falls Riuer, then by marked trees leading into the cart path leading from Hauerell to to Rowley, so on to a new feild of Rowlejcs on the south side, and from thence, as it is marked by trees, to Rowley. Now, the way from An- diuer to Newbeiy goes on y'= old cart way, leaving Rowley way at the begin- ing of a plajne by a litle swampe called Beareberry Swamp ; so on y° old way to the Falls Riuer, and from thence streight vppon the north side of M'' Sewalls feild, as still doth appeare by marked trees ; from thence keejiing the old cart way ouer the head of Cart Crceke ; and so runing on the north side of Richard Thorleys feild, as it is now fenced, and so to John Hulls bridge, and so ouer the end of John Hulls plajne, vnto M'^ Woodmans bridge, nere the mill at Newbery. Witnes our hands, all these wayes genn''"y is to be six rod broad.
THO: HALE, JN" PICKARD, JAMES HOW, RICH: BARKER.
The Court approoved of this retourne.
In ans' to the peticon of the inhabitants of Nashaway, the Court finds, Nashaway according to a former order of the Gennerall Court, in ann" 1647, no: 6: 95, P^*''°' 1. That the ordering and disposing of the plantacon at Nashaway is wholy in this Courts power.
2. Considering that there is already at Nashaway about 9 familjes, and that seuerall, both freemen and others, intend to goe and setle there, some whereof are named in this peticon, the Court doth graunt them the libertje of a touneship, and orders that henceforth it shall be called Lancaster.
3. That the bounds thereof shall be sett out according to a deede of the Indjan sagamore, viz., Nashaway Riuer at the passing ouer to be center, five miles north, five miles south, five miles east, and three miles west, by such commissioners as the Court shall appoint to see these lines extended and their bounds limitted.
••4. That Edward Brecke, Nathaniel! Hadlocke, Willjam Carby, Tho [*127.] Saujcr, Jn° Prescott, and Ralfe Haughton, or any fower of them, whereof the majo'' pte to be freemen, to be for {5>sent the prudentiall men of the sajd touue, both to see all alotments to be lajd out to the planters in due proportion to theire estates, and also to order other prudentiall afiaiies, vntill
140 THE RECORDS OF THE COLONY OF
165 3. it shall appeare to this Court that the place be so farr seated w* able men as the Court may jvulgc meete to give them full libertjes of a touneshipp, accord- in": to la^ye.
18 May.
Courts graunt 5. That all such psons who have possessed and continewed inhabitants
0 ancas er. ^^ Nashaway shall haue tlieke lotts, formerly lajd out, confii-med to them, pro- vided they take the oath of fidellitje.
6. That Sudbury and Lancaster lay out highwajes betweene tomie & toune, according to order of Court, for the couutrjes vse, and then repajer them as neede shall be.
7. The Court orders, that Lancaster shallbe rated w*in the county of Midlesex, and the toune hath liberty to choose a counstable.
8. That the inhabitants of Lancaster doe take care that a godly ministery may be maintajned amongst them, and that no evill persons, enemjes to the lawes of this coiiion-wcalth in judgment or practize, be admitted as inhabit- ants amongst them, and none to lottes confirmed but such as take the oath of fidellitje.
9. That although the first vndertakers and copartners in the plantacon of Nashaway are wholy evaccuated of theire clajme in lotts there by order of this Court, yett, that such psons of them -who haue expended either charge or labor for the bennefitt of the place, and haue helped on the publicke workes there from tjme to tjme, either in contributing to the ministry, or in the pur- chase from the Indeans, or any other publicke worke, that such persons are to be considered by the toune, either in proporcon of land, or some other vray of sattisfacon, as may be just and meete, provided such persons doe make such theue expenses cleerely appeare w^'in twelve months after the end of this sessions for such demands ; and that the interest of Harmon Garrett, and such others as were first vndertakers, or haue binn at great charges there, shallbe made good to him, them, his, or theire heires, in all allotments, as to other the iuliabitants, in proporcon to the charges expended by him and such others aforesajd, provided they make improovemeut of such allotments, by building and planting, w"'in three yeares after they are, or shallbe, lajd out to them ; otherwise theire interest heereby provided for to be vojd, and all such lands so heereby reserved to be thenceforth at the tonnes dispose. In further ans' to this peticon, the Coiut judgeth it meete to confirme the above men- tioned nine pticulars to the inhabitants of Lancaster,, and order that the bounds thereof be lajd out in proporcon to eight miles square.
Coffiissioners ^^^ '^^ ordered, that the coiuissioners for the Vnited Colonjes shall, &
for the col- heereby are desired to, continew heere, and not depart till the messengers
lonjes desired
to stay. sent to the Monhatoes be retourned ; and then, vppon the answere brought
THE MASSACHUSETTS BAY IN NEW ENGLAND. 14]
IS May.
from the Dutch, there may be ground of proceeding accordingly ; and if the 165 3. comissioners please, the Court doeth thinke it will be convcnjcnt to send a messenger away speedily to bring away the coiiiissions for such as are, or shallbe, chosen coiiiissioners for the two jurisdiccbns of Conecticut and New Hauen, that so if God call vnto a warre, there may not be any interruption.
Three qusestions being propounded by the comissioners to y" Couit, viz., —
1. Whither the last meeting of the comissioners at Boston were not le- gally called, and maybe legally continewed.
*2. Whither the coiiiissioners of Conecticot, whose tjme is expired, may [*128.] not joyne w"^ the other coiiiissioners, and act w"" them.
3. Whither the adjournement of the meeting to New Hauen from' Boston doth binde the new coiiiissioners to attend it.
1. To the first quajst, the Court resolved, that the last meeting was legally called, but is, and was, dissolved vjjpon the expiration of the coiiiissioners of Massachusetts and C'ouccticott.
2. The second quicst the Court resolved on the negative.
3. The third qua?st the Court resolved on the negative.
Vppon the case stated in reference vnto the injurjes and differences with the Dutch, this Gennerall Court doth desire a consultacon w'*" the gentlemen the coiiiissioners, taking in the advise of such elders as shallbe present at the tjme appointed.
^l^ Samuell Symons, Major Gennerall Dennison, Capt Jn" Leueret, and Cap? Humphry Atherton, as a coiiiittce to joyne with such of the coiiiissioners for the ^ nited Colonjes as they shall please to nominate, to draw vp the case respecting the Dutch and Indeans.
The coiiiissioners retourned Capt Hauthorne, M'' Bradford, M'' Ludlow, & M'^ Eaton, to joyne in y' coiiiittee.
The coiiiittee, considering of the case, and not agreeing in one, presented the case in two draughts, which are on file, together w"^ the advice of y" elders.
Itt was put to the qua;stion, whither the coiiiissioners of the Vnited Col- onjes should be called by this Gennerall Court to assemble together to consult of, and and determine the weighty affaires of the seuerall colonjes heere in Boston forthwith, or assoonc as maybe ; the Courte resolved it on the affirmative.
il'' Samuell Symons, IMajo"" Gennerall Daniell Dennison, Capt Humphiy Atherton, M"' Rich Russell, M"' Joseph Hills, & Capt Edward Johnson are appointed a coiiiittee to consider of this question — wliither the coiiiissioners
142 THE KEC0RD3 OF THE COLONY OF
1653. of the Vnitecl Collonjes haiie power, by the artickles of agreement, to deter-
'' mine the justice of an oftcncive or vindictive warre, and to ingage the cel-
ls May. 1 . ,, . loujes therein.
The answer of the coiiiittee to the qusestion, first more particulai'ly from the artickles.
The whole power of gouernment and jurisdiccon is, in the third and sixt article, reserved to euery collony who sawe not nieete to diuest themselves of thelre authority ; to invest ' the coiiiissioners with any part thereof being altogether vnsafe and vnnecessary to attajne the end of the coufocderacy.
The ninth and tenth artickles constitutes the coiiiissioners judges of the justice of a defensive warre.
The fowerth and fifth setles rules for leagues, aids, nomber of men in a defensive warre, and divission of spojles, but no where provides for the deter- mination of the justice of an offencive warre, which therefore is reserved wholy to the determination of the supreame power of the seuerall confoederate jurisdiccbns, who would otherwise haue provided in that case.
The sixt artickle, which, at first vjew, seemes to inable the coiiiissioners, will evidently evince the contrary, for the confoederacy being betwixt the [*129.] collonjes, the 4"", 5*, 9"", & 10"^ artickles provides rules in seuerall *cascs, according to which the confoederates haue bound themselves to act, and the sixt artickle only orders and appoints who and in what manner the sajd rules and agreements should be executed, viz., by coiiiissioners, (impowred to act in the cases specifjed and regulated in the former artickles, who were also bounded and regulated for theire noumber, manner of proceeding, tjmes and places of meeting in the 6 and 7 artickle,) and that by necessity, becawse the supreame powres of the seuerall jurisdiccons could not assemble ; they were enforced to substitute delegates to order such things as were of present and vrgeut necessity, or meerely prudentiall and polittical, or of inferior nature, and that according to the rules preso'ibed by the confoederates ; but such things as requicr the highest acts of authoritje are in theire nature of morrall consideration, and may admitt of more tjme of deliberation ; as an ofFenciue warre, the wisdome of the contriuers of the confoederacy did not judge meete to referr to coiiiissioners, and therefore haue not provided any rules in those cases of highest concernment, as they did in all cases of an inferior nature. 2'-^. More generally, the coiiiissioners of the Vnited Collonjes are not (so farr as wee cann discernc) invested -with power to conclude an ofiencivc warre, and to ingage the collonjes to which they belong to put the same in execution, further then they are inabled by coiiiission or instructions, vnder the scale of theire colonjes ; much lesse cann it stand w* the jurisdiccon and right of
THE MASSACHUSETTS BAY IN NEW ENGLAND. 143
gouernment reserved to euery collony, for sixe comlssioners of the other coUonjes to put forth any act of power, iu a vindictive warrc, ■\vhereby they shall coiuand the collouy dissenting to asist them in the same ; neither cann it be the meaning of the seuerall coUonjes, who are so tender of theire power in gouerning theire oune, that they should put this power out of theire oune hands, in the most weighty points — a bondage hardly to be borne by the most subjected people, and cannot be conceived so free a people as the Vnited CoUonjes should submitt vnto.
It cann be no Icsse then a contradiction to affiime the supreame power (which wee take to be the Gcnuerall Courts of each jurisdiccon) cann be coinanded by others ; an absurdity in pollicy, that an iutler gouernment and jurisdiccon should prostitute itself to the coiiiand of straungers ; a scandal to religion, that a Gennerall Court of Christjans should be obliged to act and ingage vppon the faithe of sixe delegates, against theire conscience — all which must be admitted in case, if wee acknowledge ourselves bound to vndertake an offencive warre, vppon the bare determination of the coinissi oners, who cannot, nor euer did, challeng authoritje ouer vs, or expect subjection from vs.
And to add tliis further : the case in hand may be considered vnder a double head ; first, what ^ suj)reame gouernor of a comonwealth, in point of confoederation with another nation, may doe.
Secondly, what this gouernment, in reference to the qua:stion iu hand, hath donne. Concerning the first of these, itt is to be considered what they may not, nextly, what they may doe. Touching the last first, they are to act in all cases not reserved expressely or implicitly ; concerning the other, they may not act against fundamentall lawes, or what else the people have referred to themselves.
The next thing is to consider, (in some instance,) what the fundamentall lawes are : —
A fundamentall lawe of a people or coiiionwealth is, to haue liberty and to excercise jinediate chojce of theire oune goucrnors, bccawsc the supreame gouerno" are betrusted w"' theire lives and estates, iu whom, vnder God, they doe acquiesse ; but if they may deligate others, in the ade of themselves, that are iiuedjately chosen, then they may elect or accept of straungers, that is to say, such as are of another coiiionwealth ; and such deligates may also, vppon the same ground, impower others, and that w"'out restriction of nation or noumber ; which principle must needs be destructive to such a coiiionwealth, for then they may act to make an offenciue warre, which is an act of power in the highest nature.
Concerning the second quaestion : —
144
THE RECORDS OF THE COLONY OF
1 G 5 3.
1 June.
[*130.]
*What this goueniement, in reference to this confocderation, hath cTonne : Itt is a rule iu lawe, that in an)- legall act, what expressions or sentences are in it of dowbtfull constrnction, the same are to be vnderstood for the firming thereof, as liirr as maybe, viz., not being contradictory, not being impfect or vninteUigible, or not above or beyond the power of the acto".
This being graunted, then the artickles touching ofFencive warr maybe referred either to the beginning of the warre, or to the directing or manna- ging of it by the coiiiissioners.
If any of the artickles shoukl be taken in the first sence, namely, to give power to the coinissioners to make an ofFencive warre, then it is against funda- mental! lawe, as before appeareth ; and besides the ground before mentioned, this maybe added : in case the coinissioners should conclude a warre ofFencive against the judgment of the gouerno", (who are to act in theire oime juris- diccon,) then they must act to effect it either against theire oune consciences, or else leaue the worke in a distractiue condicon.
But if it be taken in the latter sence, namely, to direct the warr, being begunne, it is safe and prudentiall, becawso the fower gouernments in this confocderation cannot carry on a warre that doth joynctly concerne them to act in ; though to conclude or accept of such a propposicon or determination, by the coiiiissioners, for such a warre, may and doth proj)perly belong to all the gouernments before they be ingaged. This retourne was signed by
SAMUELL SYMONS, EICH: RUSSELL, DANIELL DENNISON, JOS: HILLS,
HUMPHRY ATHERTON, EDWARD JOHNSON.
2'' June, 1653. And was approoved of by the Gennerall Court.
Courts decla- rauon still to continew y« confcederac- con.
Whereas it is conceaved by some, that the end of this Courts sending theire judgements concerning the artickles of confccderation vnto the honnored coinissioners was, or is, the breaking of the league of confosderation with the rest of the colonjes, this Court doth therefore signify vnto all whom it may concerne, and that there may be a right vnderstanding betwixt this Court and the honnored coniissioners, that it was not in the least intended, neither is it desired ; but as God hath binn pleased hitherto to keepe vs together in peace and love, so wee desire he will so doe still, to his glory arid all our comforts.
Whereas the Court at Salisbury was adjourned to the 2'^ 3** day of the ^sent 4"" month, by reason of troubles about the ludjans, and some psons
THE MASSACHUSETTS BAY IN NEW ENGLAND. 145
having qufcstioned the legallltje thereof, this Court cloth order the foresajd 1653. adjournement shall stand good, and the sajd Court to be kept accordingly. ' "< '
Jn° Betts, of Cambridge, being at a Court of Asistants, on his triall for his life, for the cruelty he excercised on Eol3t Knight, his servant, striking him w"" a plowstaffe, &&, who died shortly after it, the jury brought in theu-e verdict, which the JNIagis'' not receiving, came, in course, to be trjed by the Gcnnerall Court. Jn" Betts, the prisoner, came accordingly to his triall, sub- mitted himself for triall to God and the country, & pleaded not guilty to his indictment. The evidences against him being examined & heard, the Coui't proceeded to censure him, viz. : —
The Gennerall Coui-t doe not finde Jn° Betts legally guilty of the murdering of his late servant, Robert Knight; but forasmuch as the evidence brought in against him houlds forth vnto this Court strong presumptions and great probabil- Ijtjes of his guilt of so bloody a fact, and that he hath excercised and multipljed inhumaine crueltjes vppon the sajd Knight, this Courte doth therefore thinke meete, that the *said Jn° Betts be sentenced, viz. : 1. That the next lecture [* 131.] day at Boston, (a convenjent time before y'' lecture begin,) the said Betts haue a rope put about his nccke by the executioner, and fi-om the prison that he bee carrjed to the gallows, there to stand vppon the ladder one hower, by the glasse, w**" the end of his rope throune ouer the gallows ; 2'^. That he be CoKts sen- brought backe to prison, and, imediately after the lecture, to be seuerely whipt ; gg^ts ^^ 3'y. That the sajd Betts shall pay all the wittnesses brought in against him 2' p day for so many dajes as they haue attended vppon the Court of Asistants and the Gennerall Coiu-t vppon his trjall; 4'^. That he shall pay fiuetecne pounds into the countrje treasury for and towards the charges the Courts haue binn at vppon his trjall ; 5'^. That the sajd Betts be bound to the good be- haviour for one whole yeare in the soine of twenty pounds.
In ans'' to the petioon of M'' Symon Lynde, itt is ordered, that the County Ans' to M' Court for the county of SufFolke shall, and hcereby are jmpoiu-ed to, give 5" ^peic M"^ Ljiide just damages, (the verdict of the jury being vnvsuall.)
In the case betweene the widdow Wilson, of Braintry, jjlaintiff, ag' Judgment of Thomas Faxon, defendant, about Joseph Wilson, sonne of the sajd widdow widdow Wil- Wilson, being an apprentize w"' the sajd Tho Faxon, the Court, vppon a full hearing what both partjes could say in the case, judge meete, that the sajd Joseph Wilson shallbe freed from his sajd master, and be put apprentice to a new master, by the select men of the sajd toune, and consent of two magis- trates, and that the id Faxon have twenty shillings allowed him, in reference to all damages, & that the cow formeidy restrajned may be releast.
In ans' to the propposicbns from the toune of Boston, 1*'. About measur-
VOL. IV. PART I. 19
sous case.
146
THE KECORDS OF THE COLONY OF
1653.
2 June.
Ans' to Boston fposicone.
Ans' to Rich: Lowles mo- tion, &c.
Secret iillow- ance for tran- scribing 5" coiiiissioners acts y" last Court.
Edward Mitch- elson to cxecut executios fro G. Court & Court Asist- ants.
'Coiiiittee to lay out Ande- ver highwajes.
[*133.]
Capt. LeQet liberty to transport pvicons to La Tour. Executioner exempt'^ from trajngs & watchings, &c.
ing of boards, the Coitrt judgeth it meet to the select men of the townes of Boston and C'harlestoune to order therein, and to appointe mecte psons to carry on the same. To y 2'^ pposicon, in reference to the building of a ponder howse in Boston, the Court judgeth it meet that it shall be left to the deputjes of Boston and Charles Toune to act therein for the furtherance of the same, and to pisent such orders for the securing thereof as they judge necessary, to the next session, to be allowed and confirmed. To y^ 6^^ pposicon, about the annuall chojce of y'' audito'' and survejo"^ gcnnerall, the Court judgeth it meet that it be left to the consideracbu of the next session ; the rest of }'* pticu- lars being provided for by orders already made, & thought meete to be past by.
Vppon a motion made to this Court by Richard Lowle, of Newbery, brother to Jn" Lowle, deceased, this Court doth order, and heereby give full jjower to the County Courts, either of Salem or Ipsuich, to appoint some meete person to receive the porcons of James and Joseph Lowle, sonnes to the s"^ Jn° Lowle, the sajd Richard being very sickly and ill, and vncapable thereby to looke any farther after the same, that so it may be improoved for theire best advantage.
The secretary and his man having for this months tjme and more binn very much implojed to write for our coiiiissioners, both theire acts and tran- scribing the letters and artickles to the Dutch, &S, the Court doth judge it meete, and orders, that the secretary be sattisfied out of the next country rate, eight pence p page, as the lawe provides in another case ; and that the seuerall proportions of the other colonjes be by the auditor taken notice of, that it maybe brought to account.
It is ordered, that the execcution of all judgm*' issued by the Gennerall Court or Court of Asistants shall belong to y" gcnnerall marshall, Edward Mitchellson.
Itt is ordered, that Capt Richard Walker, Left Thomas Marshall, Nicco- las Holt, and Richard Barker, or any three of them, shall lay out the coiiion highway betwixt Andever and Redding, as may be most convenjent for the vse of the countrje, and make theire retourne hccrcof to the next sessions of this Court.
*This Court doth graunt liberty to Capt Jn° Leuerct, 51'" James Oliuer, and Ensigne Scottou to send forth a vessell of seventeene tonnes, w"" flower, pease, and such provicons as they haue occasion now to send forth, to ]\Iouns'' La Tour.
Itt is ordered, that Thomas Bell, the executioner, shallbe allowed out of the next levy the soiiie of fowerteene shilHugs, expended by him for I'opes and
THE MASSACHUSETTS BAY IN NEW ENGLAND. 147
ladders, for the better executing of his office, and that henceforth he shallbc 16 53. exempted fitom traynings, watchings, and wardings. ' ^ '
In ans' to the peticon of W™ Thompson, craning the remittment of a fine . „
of five 2)ounds y'^ law imposeth on him, for making a motion of marriage to I'liompsons
. . peticon.
Sarah Coggan before he had liberty so to doe from hir frcinds, the Court
judgeth it meet to abate him fiffty shillings of that fine.
Itt is ordered, that the survejor gennerall shall lend two barrells of good 15" g'ted to y» ,-,,,,,, J, , ,. su'vejor to buy
powder to JM'' l endleton tor present, to be rctoiu-ned agame vppon the tender powder w"'all.
of the soiue of thirteene pounds nineteene shillings and tenupence; and that the fiueteene pounds dew to the country from Jn" Betts be pajd to the sur- vejor gennerall, to purchase powder w^'all.
The Court thankfully acknowledging the good service of our present GoOn's gra- hounored Gouernor, in regard of his vnwearjed pajnes and constant care in the discharge of the trust coiiiitted to him the last yeere, in the place of Goiln'', as a testemony thereof desires his acceptance of the soiiie of one hundred pounds, "which they order to be pajd out of the next country rate.
In ans"' to the peticon of M"' Symon Bradstreete and Capt Thomas "Wig- 1000 acs of gin, itt is ordered, that Elder Hate Evill Nutter and Thomas Canny shall j^° ^°■^^, ^^ lay out for them one thowsand acres of land, vppon the great riuer of Ne- Bradstreet &
. Capt. Wiggin.
■witchawannet, in such place as they shall make chojce of, not intrenching on any toune lands, pticcular mens proprietjes, or to hinder a plantacon.
In ans'' to the peticon of the inhabitants of Strawberry Bancke, now Courts ans' to Portsmouth, tliis Court doth order and declare, that the inhabitants of Straw- Bancke n'ti- bery Bancke should be sattisfyed w"' the priviledges graunted by the Court at ™'^- theire coming vnder this goflnments ; 2'^. That the Court of Doner or Straw- bery Bancke may nominate & confirme coiiiissioners for the ending of smale cawses vnder 40% as in other ; 3'^. That the sajd Court may confirme such millitary officers as they shall present.
In ans"' to the peticon of il"' Samuel Cole, of Boston, itt is ordered, that 400 acres of Cap? Symon Willard shall and heereby is impowred to lay out fowre hundi'ed to U' Cole. acres of vpland, at Nonacoike, and is in sattisfaction of fifty pounds by the sajd Samuell Cole, adventured in the coiiion stocke 23 yeeres since.
In ans"' to the peticon of M"^ Jn" Johnson, survejo'' gennerall, the deed of Hawiey deed
01 SiiIg coH"
sale of a parcell of lafid sold vnto him by Thomas Hawly and Dorothy, his f^^^^i to Jn» ■wife, lying in Roxbury, is confirmed to him, the sajd Jn" Johnson, and his ''°'^^*°'^' ^'"- he'ues.
In ans' to the peticon of Thomas Edsall, craving remittment of y* fine Tho: Edsell
,,.,,.. , ^ fined 20".
the luwe imposeth on such as give m more voates then one, or any voates lor
magistrates where y° lawe prohibitts, profiessing that what he did in such a
148 THE KECORDS OF THE COLONY OP
1653. 'W3J was throiigh ignorance of the lawe only, the Court abates the fine to twenty
"^ ~^ shillings.
^^,„„' *Iu ans'' to the peticon of the inhabitants of Marblehead, the Court doth
[133.] ^ .
T, • T » graunt and order, that M'^ Frauncis Johnson shall be theire leftennaut.
±rancis Jn^son o '
!<'''*• In ans"" to the peticon of Elias Stileman, desiring Ijcence to drawe
stiiemans peti- '^j^^i the Court referrs it to the County Court at Salem to give the pe-
co.
ticoner ans''.
200 ac's gted There being a graunt formerly made of 200 acres of land to Cap? W"
Jeanison, and sold by him to Edmond Rice, of Sudbury, and to be lajd out by M'^ Edward Alen & M'' Jn° Oliuer, neere the bounds of Dedham, the sajd comissiouers being dead, and the worke not finished, itt is ordered, on the re- quest of the sajd M"^ Eice, that Capt Willard and Serjant Sherman shall lay out the sajd land, according to order, makeing theire retourne to the next session of Court. Allowance to Itt is by this Court ordered and declared, that if any person or persons
jj. . , shall appeare that will engage sivfficyently to builde, repaier, and maintajne
bridge. ^\^q bridge at Misticke at his or theire propper costs and charges, it shall be
lawfull, and all and euery such pson or psons so engaging are heereby author- ized, and haue full power, to aske, requier, and recouer of euery single pson passing ouer the sajd bridge 1* ; and for euery horse and man, 6* ; for eueiy beast, 2* ; for euery cart, 1' ; and this to continew so long as the bridge shall be sufficyently majutajned as aforesajd. •
Court agreem' The Gennerall Court, considering of the proportion of pouder which
^ <• "'. hi"' accordiuc; to the divicon of the coiuissioners of the Vnited Colonies as be-
son for y« Mas- o J
sachusetts longing to the Massachusetts jurisdiccon, doe heereby order and agree to haue
j>porcon of
pouder. and make due sattisfacon for the same, and from this day to stand to the hazard
thereof, and losse of it, if it should so happen before due pajment be made and pajd to Edward Eawson on behalf of the colonjes. Ans' to Ded- In ans' to the proposalls of the inhabitants of Dedham, itt is ordered, that
hamjpposaUs. jj, Qlouer, Captaine Gookin, M-^ Jn" Johnson, M-^ Edward Jackson, and Lefl Roger Clapp shall be a coiiiittoe impowred to consider and determine what they shall judge necessaiy to be determined in relacbn to what is propounded for and desired, making theire retourne to y^ next sessions of this Court. Ans' to M' In answer to the petition of M'' Deane "Winthrop, itt is ordered, that M''
titto°s etiE n ^^^^^ Winthrop, M" Elizabeth "Winthrop, and Amos Richardson shall and, heereby are impowred as attorneys for Majo' Steeven Winthrop, to receive his debts or rents, or to pay any thing justly due from the sajd Steeven Win- throp, or to doe any other buisenes requisite concerning the estate of the sajd Stephen, and to prevent any damage that might happen for want of one
THE MASSACHUSETTS BAY IN NEW ENGLAND. 149
authorised therein, provided they give caution to secure the country to the 10 53. next County Court. " ^ '
Jn" Harts case, of Marblehead, for taking M"' Gardjners shipp, is refer'd to „ " the next County Court at Salem to determine. f<=r'<i '" Saiem
Court.
The whole Coiu't, being mett together, entring into debate about fortiffi- courts aiiow- cations in reference to the Castle, itt was voted, that two hundred pounds '^i'^'' '"""'is
fortiffication.
should be allowed out of the next country levy for the building or repayring of the great battery at Castle Hand, and that twenty pounds more should be allowed out of the next countrje levy for the repayring of the Castle presently ; and further, that one hundred pounds should be allowed to Salem out of the next levy towards theire fFortiffications.
Itt is ordered, that the sajne comittee appointed by the last Gennerall Coffiittee to Court ffor the repayring of the battery shall take care for the repayring of y* g^J^ig' I- Castle and battery, and they are heereby impowred to impresse meete psons and what else they shall judge necessary for the speedjest accomplishment thereof.
*Itt is ordered, that Miles Tearnes shall and is heereby impowred, for [*13-4.] one whole yeare, to purchase or impresse tenn doz : of goates or calves skins Miles Teamea
power, &6.
for the making of drum heads for the vse of the country, he giving the same pay and sattisfacon for them as others doe.
Itt is ordered, that the lawe for choosing of majors in the countyes of Order for a SufFolke and Middlesex shall be put in execution by the major gennerall, who s,gi majors in shall, according to lawe, send out his warrants to the seuerall tounes to send ^"*'l'"= *
Midlesex.
in theke votes for sarjant majors, in the roome of those that are out of the coimtrje, w""in one month.
M"^ Bellingham, M"" Glouer, and M'' Hill are appointed w"' the secretary Comittee to to pvse the lawes that is past this Court, comparing them w*'' the originall i^^gg ^g^ copies.
Itt was ordered, that the servants of both howses, M'' Phillips and Lef? Hudsons, shall be allowed forty shillings each howse for theire attendance on the Court.
In ans'' to the peticon of W" Arnold and other the inhabitants of Patuxit, Ans' to "W» itt is ordered, a letter, with a protest, shall be sent from this Court or the j„ councell to and against all such as shall vsurpe vppon the inhabitants of Patuxit, either by challenging jurisdiccon oner them, or levying rates vppon them ; and that the inhabitants of Patuxit, (being w'^'in our jm-is- diccSn,) or any of them, shall or may arest and impleade in any of our County Courts any person of any other jurisdiccon that shall vsurpe ouer them, when . they shall fiude any of them, or theire goods, within our jurisdiccon, where they shall recouev full damage.
150 THE RECORDS OF THE COLONY OP
1653. In ans'' to the peticon of IM"' Thomas ]\Iakcpeace & Willjam, his sonne,
"* ' the Court, on pvsall of the indenture, attachment, and the judgment of the
No apprentice Coiiiissioners Court, and the lawe, title Masters & Servants, doe declare, that
liable to pay the i^roceedings of ^M"' Hutchingson in reference to Willjam Makepeace, the
m's debts but
by assignment, aprentice, to be w^'out and against lawe ; and farther, that no aprentice or servant is any way Ijable to ans' his masters debts, or become servant to any other then his master, but by assignemeut, according to lawe, and that the sajd aprentice, being deserted by his master, is thereby released from liis ap'ntishifip.
The Courte is adjourned to the 18"» of October, 1653, vulesse the Gouernor call one in the meane tjme.
[*135.] *M a Gennerall Court called by the Gouerno" and Councell, and 30^"g"=t- held at Boston, the 30" of August, 1653.
I
TT is ordered, that Major Gennerall Uaniell Dennison shall supply the place of secretary, in the absence of the secretary. Itt is ordered, that this Court shall be insteed of the Court that is ap- pointed to be in October next. To p^vent Vppon information of soundry abuses and misdemeanors, coinitted by
$p -anation 0 gguudry persons on the Lords day, not only by childrens playing in the streetes and other places, but by youths, majds, and other persons, both straungers and others, uncivily walking the streetes and feilds, travailing from tonne to tonne, going on shipboard, frequenting coiiion bowses and other places to drincke, sport, and otherwise to mispend that pretjous tjme, which things tend much to the dishonnor of God, the reproach of religion, greiving the soules of Gods servants, and the prophanatjon of his holy Saboath, the sanctifficatjon whereof is sometjmes put for all dutjes iiiiedjately respecting the service of God contejncd in the first table, itt is therefore ordered by tliis Court and the authoritje thereof, that no children, youths, majds, or other per- sons shall transgresse in the like kiude, on pcenaltje of being rej)uted grcate provokers of the high displeasiu-e of Almighty God, and further incurring the pcenaltje heereafter expressed, namely, that the parents and gouerno''s of all children about seven yeeres old, (not that wee aproove younger children in evill,) for the first ofl'ence in that kinde, vppon due proofe before any magistrate, toune coinissioner, or selectmen of the toune where such offence shallbe coinitted, shall be admonished ; for a second offence, vppon due proofe
THE MASSACHUSETTS BAY IN NEW ENGLAND. 151
30 August.
as aforesajdj shall pay as a fine five shillings ; and for a third offence, \-ppon 1 6 5 3. due proofe as aforcsajd, tcnne sliillings ; and if they shall againe offend in that kinde, they shallbe presented to the County Court, who shall augment punnish- ment according to tlie mcrrit of the ffact ; and for all youths and niajds above foivertecne yeeres old, and all elder persons whatsoeuer, that shall offend and be convic? as aforesajd, either for playing, vnciuill walking, drincking, travayling from toune to toune, going on shipboard, sportjng, or in any way mispending that pretjous tjme, shall for the first offence be admonished, vppon due jDroofe as aforesajd ; for a second offence, shall pay as a fine five shillings ; and for a third offence, tenu shillings ; and if any shall further offend that way, they shall be bound ouer to the next County Court, who shall augment punnish- ment according to the nature of the offence ; and if any be vnable or vnwill- ing to pay the aforesajd fines, they shall be whipped by the counstable, not exceeding five stripes for tenn shillings fine ; and this to be vnderstood of such offences as shall be coiiiitted during the daylight of the Lords day. This lawe is to be transcribed by the counstable of each toune, and j^osted vppon the meeting howse doore, there to remajne the space of one month at least.
* Vppon complajnte of soundry abuses and inconvenjencies, by occasion [*136.] of the libertje for selling beare at three pence the quart, itt is ordered by this , ^""^ "'g^ '^^ Court and the authoritie thereof, that henceforth no beere shall be sould for l^-'"'' ri^peiiled
& 2>i p' quart
more then twopence the quart, and that braunch of the lawe that allowes only allowed beere to be sold at three pence the quart is heereby repealed.
Whereas the last sessions of this Court j^assed an order concerning pub- To pTent er licke preaching w'ithout allowance, which order the Court vnderstands is dis- j^„ ^.g satisfactory to diners of the inhabitants whom the Court hath cawse to respect and tender, although the Court conceaves the sajd order, rightly vnderstood, to be safe and much conducing to the preservation of peace and truth amongst vs, yett, that all jealowsies maybe remooved, this Court doth repeale the sajd order, ^ and doth heereby enact, that enery person that shall publish and -^•
majutajne any hoethrodoxe and erronjous doctrjne shallbe Ijable to be qua:s- tioned and censured by the County Court where he liveth, according to the merrit of his offence.
Vppon soundry complaints of the great taxatjons vppon the countrje in Accompt of
anual ex-
reference to publicke charges respecting the weighty occasions of this comon- pences, &c. wealth, and for sattisfaction of the countrje therein, itt is ordered by this Court and the authoritje thereof, that M"^ Increase Nowell, M" Edward Ting, and M' Joseph Hills shall joyne with the auditor gennerall to examine and take the Treasiu'ers accompts, who shall present the same vnder theire hands vnto the next session of the Gennerall Court, according to the lawe, page 26,
152
THE RECORDS OF THE COLONY OF
Rectifying of appeales, &£.
[*137.]
Grand jurors allowance at County Courts.
Impost on strong waters X' p hh", &c.
in the second booke ; and itt is further ordered by the authoritje aforesajd, that in case of nonappojntment as that lawe provides, that then the Treasurer shall tender his aunnall accompts vnto the Gennerall Court ; and further, itt is ordered by the authoritje aforesajd, that the seuerall grosse somes of all the incoines, viz., vjjpon the annuall rate vppon imposts, vintners, entring of accons, fines, forfeitures, &(5, as also of all expences, viz., of all Courts, coiiiis- sioners, gratujtjes, allowances, pajment of debts, &6, be exactly by the auditor certefied vnto the Gennerall Court annually, and expressed in all the coppies of the lawes sent vnto the seuerall tounes, made in the first sessions of the Court of Eleccbn, whereby the true state of things in that respect may be ob- vjous to all that are concerned therein.
For a more cleere and isquall hearing and determining all matters of ap- peales, itt is ordered, and bee it henceforth enacted, that no pson that hath sate as judge, or voted in any inferior Court in that cawse he is aj^pealed from, shall haue any voate in the superior Court appealed to, but the case shallbe there determined by such as are no way ingaged in the same by judging or voating in the same *ffbrmerly, provided there be more magistrates appealed to then those that sate in the Court ajjpealed from.
Itt is ordered by this Court and the authoritje thereof, that the grand ju- rors at County Courts shallbe allowed three shillings by day out of the fjues and other j)roffitts not disposed of by any former order arising in each Court where they shall doe such service, or by the county if those incomes fall short.
Itt is ordered by this Court and the authoritje thereof, that euery pson whatsoeuer that shall bring any strong waters into any of our harbors, (except it shall appeare by request that they came directly from England,) before he lands any of them shall first make entrje of all and euery svich caske or other vessell of strong waters as he, or any for or vnder him, shall put on shoare, by a noate vnder his hand, deliuered vnto the officer at his dwelling howse, appointed to receive the customes, on pajne of forfeitiu-e of all such strong waters landed before such entrje made, wheresoeuer it shallbe found, the one halfe to the countrje, the other halfe to the officer ; and the merchant, or other pson, owner of such strong waters, shall, vppon the landing of them, pay vnto the officer, in the same coinoditjes for all strong waters, after the rate of tenn shillings p hogshead ; and itt is further ordered, that the officer may further doe in all respects as neede shall requier, in the cxeccution of this lawe, as is provided in the lawe, title Impost, page 27.
Whereas all marshalls and counstables for serving attachments and execvi- tjons haue binn by lawe allowed as theire ffees, in all tounes not exceeding one mile, twelve pence for theire pajnes in serving attachments, and for execcu-
THE MASSACHUSETTS BAY IN NEW ENGLAND. 153
tions twelve pence in tlic pound to tenn pounds, & sixpence in the pound to thirty pounds, &<5, itt is ordered by this Court and the authoritje thereof, that all marshalls and tounstablcs throughout this iurisdiccon shall haue for scrv-
° •' Geniicrall
iug eucry attachment not exceeding one mile one shilling and three pence, m'shalls ffccs .,,,., 1 • /T 1 out of piiy al-
and so proportjouably as the miles encrease, theire Hees to encrease as hcereto- tachment or
fore ; and all niar.'-lialls and couustables from tjmc to tjnic sliall henceforth al- ''^'-■'^"''0"> ^'^
low and pay vnto Edward Michelsou three pence out of euery fivcteene pence
tlicy rcceave for serving of attachments ; and further, also, shall allowe and
pay the sajd Edward Michelson three pence out of euery shilling wliich they
or any of them shall levy in any part of this jurisdiccon, by way of fines or
execcutions, which this Court allowes him as a meete encouragement for his
service in the place of gennerall marshall ; and it is further ordered, that the
said Edward Michelson shall haue not only y" sole bennefitt of y"^ arrearcs due
to y^ countrje from all such as haue retajled strong waters w"'out license, two
pence p each quarte, and shall also" have the sole bennefitt of the custom
graunted by this Court of two pence p each quart of strong waters retayled by
any in this jurisdiccon, by license or otherwise, which if any shall refuse to
*sattisfy on his complajnt, and proofe made by him of any strong waters re- [*138.]
tayled w""out license, the party y* hath ofiended shallbe Ijable to pay as a
fine to tlie countrje five pounds, one halfe whereof shallbe to the country, and
the other halfe to the said Edward INIichelson. And further, this Court graunt
the sajd Edward Michelson the sole bennefit of the late imj)ost graunted on
strong waters, to enjoy to his oune vse, and his sallerj' of tenn pounds p ann
is taken of during his enjoyment of the custome of strong waters ; and this
law is to be in force two yeares. And itt is ordered & heereby declared, that
he that sells by license but a gallon of strong water, or vnder, at any one tjme,
is a retayler, and Ijable to pay 2** for euery quart so retayled, according to law,
title Inkeepers.
Whereas by a late lawe made in October, 1648, there was some incour- Law to encour- agement, both to English and Indjans, for the dcstruccon of woolves, which ^oiyggre. "^ hath binn found proffitable vnto the countrje, but now is expired, it is there- fifed, fore ordered by this Court and the authoritje thereof, that the said lawe of October, 1648, be revived, and stand in force.
Vppon informaijon of many inconveuiencjes and differences by meanes of Sciectmens deficjent fences, itt is ordered by this Coiu-t and the authoritje thereof, that the i'a'tlfences*'&s" selectmen of all tounes shall make wholesome orders for the repajring of all fences, both gennerall and pticcular, within theire seuerall touneships, excepting farme fences of one hunch'ed acres, and haue power to impose fines vppon all delinquents, not exceeding twenty shillings for one offence ; and if any select-
VOL. IV. PART I. 20
30 August. Castle.
154 THE RECORDS OF THE COLONY OP
16 53. moil shall neglect to make such orders as aforesajd more then one month after the first of the last moneth next, they shall forfeite five pounds to the vse of the toune, and so for euery months defalt for after tjme. Comittee to re- The Court, taking the condition of the Castle into theire consideratjon, doe
Cistk &c j'^^'^^^ ^^ necessary that something should be donne by way of repayring the same, and doe therefore order, that there shall be a smale fort erected there, the charge whereof shall not exceed three hundred pounds, the one halfe of which shall be pajd out of the next levy, and the other halfe out of that which will be the next yeere ; and for the better carrying an end of that worke. Ma- jor Edward Gibbens, Major Robt Sedjuke, Cayit Jn" Leueratt, Capt Humphry Atherton, Capt Thomas Clarke, Capt Frauncis Norton, and M' John Johnson are appointed as a coiiiittee, and heereby are impowred to make composition with any workemen for effecting thereof, according to theire best discreation ; and what shallbe by them so donne, this Court will confirme and allow, pro- vided they exceed not the soiiie above mentioned. Allowance to Tills Court, considering the many complajnts of the countrje, in respect
g.'g° ' of publicke charges, which they are sensible of, and very willing to their
vttermost to remoove, doe order and enact, and bee it heereby ordered and enacted, that euery the magistrates who haue borne the burden of that place [*139.] for the space of tenn ycares *past shall henceforth be allowed to defray theire of sovern-'^^'^^ oune expences at all Gennerall Courts, Courts of Asistants, and other meetings, '"'^"'- as they are magistrates and standing counsell of this coiuoa wealth, thirty
pounds a peece p annu ; and all other magistrates of lesser standing, for theire expenses as aforesajd, twenty pounds a peece p annu ; and such magistrates as heereafter shallbe called to that service fiveteene pounds a peece p anii, for all theire expence, as aforesajd ; and that the Gouerno^ for the tjme being, from yeare to yeare, shallbe allowed in like manner, for himself and his attendants, one hundred and twenty pounds p anil ; and that the secretary be allowed for his pajnes and expences for the Gennerall Court and counsell, fforty five pounds p annu; and that all the charges of the seuerall County Courts, both judges, jurjes, and officers, shallbe borne by the actjons arising in each countje in which they are holden ; and that all grand jurymen be allowed for theire expences three shillings a man by day, and the juiy for trjall of cawses fewer shillings by actjon. And if, vpjion trjall heereof, it shallbe found burdensome to any county, in respect of the charges of County Courts, vppon complaints to this Court, it may be remedjed by increase vppon actions, or otherwise ; and that such tounes as have not more then thirty freemen shall henceforth be at libertje for sending or not sending deputjes to the Gennerall Court ; and all such tounes as shall send deputjes vnto the Gennerall Court shallbe the whole charge of theire respective deputjes. It is further ordered by this Court, that
THE MASSACHUSETTS BAY IN NEW ENGLAND. 155
licncefoith the rate vppon the polle shallbe twenty pence, and no more ; and 1 G 5 3. this lawe is to take eflcct the 20"^ of this instant October, and that tlie Court ' '
of Eleccon be kept at Boston.
Vppon observation of some incouvenjencjes in seuerall respects in MUitia regula reference to the niihtja, and for the better improovement both of the horse and foote, and great artilliije, w"'in this jurisdiccon, itt is ordered by this Court and the authoritje thereof, that no coiiiission officer of any fFoote com- pany shallbe a Ijsted trooper. 2'^'. That in case of alarum euery trooper shall fitt himselfo in all resjiccts for service, on pccnaltje of five pounds, and that the troopers in each touuc shall duely attend such expeditjons as the comittee for niilitja, in tlieire seuerall tounes, shall require, vntill they shall otherwise be comanded by some present order from theire iiiiediate cheifetajne or other superior officer. 3'^. That henceforth all millers, boatemen, and fishermen, vnlesse such as be constantly implojed in fishing at all ffishing seasons, shall attend all traynings and watchings, as other souldjers, or make allowance to the company as theire cheife officer, or the cheife officers of the regiment, shall appointe. 4'-*'. That such ffiirmes as haue twenty acres or vpwards of land in tillage, and twenty head of great cattell, improoved vppon, or belonging vnto such ffarmes, whose mansion or dwelling howse is or shallbe more then fower miles from *the place of excercising the company to which they belong, or that [* 140.1 haue any ferry to passe ouer, shall not be called to theire tounes to millitary watches, but shall watch and ward as theire cheife officers shall direct other- wise. 5'y. That all warrants for impressing of men for warre shall henceforth Further to rcg- be diiected to the comittee of militja in such tounc, to execute the same by the njjiijj.^ ^^^j counstable. 6'^. That the coiiiittee of militia in Boston shall henceforth be of the magistrates residing in the sajd toune, the cheife officer of the horse, if dwelling there, and the cheife officer of each company of the ffoote w^'in the sajd toune, or the major part of them. 7'^'. That the ffoote companjes may henceforth be excercised at any tjmes in the yeare, as theire cheife officers shall appoint, according to lawe. S'''. In respect of superioritje of coiiianders and companjes, itt is ordered, that all coiiianders shall take place according to the senioritje of companjes, as formerly, which on long experience hath binn found peacefull and satisfactory to the souldjers.
Whereas the majors of the seuerall regiments are jnjoyned by lawe to Majors liberty
T . . . . . c 1 •/■ • tokeepeCourts
meete m theire respective regiments twice in euery yeare, for the rectifying g, „ot of such things as are amisse, itt is heereby ordered, that from henceforth each major shallbe left to his Ubertje in that respect, and that part of the lawe wliich requires the same is heereby repealed. . ^ speciali
Court grted.
Vppon the motion and request of the creditors to the iron works, this lo Sept., 53.
15G
THE RECORDS OF THE COLONY OF
1G53.
30 August. ^V;ls adjurned from y* 14 to y 15'"' of s'l Sep- tember, 53. The Courte.
Courts judg- ment in M" Mason & M' Leaders case.
[*141.]
Kobt. Pikes impeacbm'.
Court cloth graunt that they may haiic a speciall Court to sitt at Boston, vppon the fowerth day tlie next ■weeke, to heare and determnic such case or cases as shallbe brought before them by the sajd credito'*, provided the comissioners for the vndertakers of the sajd works shall agree thereto.
Vppon examination of the case respecting ^l'^ Ann Mason and M"" Rich ard Leader, on a hearing of IM'^ Joseph Mason and ISI'^ Thaddeus Riddan, agents and attorneys for either partje, considering also the late retourne of the coiiiittee, touching the extent of the northerly Ijne of thcire pattent, doe fynd that the lands clajmed in the right of Capt Jn° Mason, and now possessed by 'M' Richard Leader, or others for or vnder him, together with other the lands pretended vnto by INI" Ann Mason, are w^'in this patent ; and that M"^ Joseph Mason, as attourney for and on the behalfe of M" Ann Mason, as also most of the people there juhabitting, haue voluntarily submitted to the jurisdiction of gouernmcnt to this colony of the Massachusetts ; and that some lands at Newitchaworaicke, with the riuers there, was, by agreement of S'' Ferdinaudo Gorges and others, apportioned vnto Capt Jn" Mason, and that he also hath right, by purchase of the Indjans, to some lands there, as also by possession and improovcmeut by building and otherwise ; and that Capt John Mason did bequeath vnto his wife, M''^ Ann Mason, during hir life, all lands & hseredlttaments not otherwise pticculerly disposed of by his will ; *and that the lands in quEcstion betwixt INI''^ Ann Mason and M"' Leader are not pticcu- larly disposed of by Capt Jn° Mason, or otherwise then they are in the gen- nerall bequeath in the will given to hir during hir life, and that the id lands possessed by M"" Leader, as aforesajd, are pte of the lands disposed to the sajd ]\I''* Ann IMason for terme of hir life ; and doe therefore judge that M' Leader hath vnjustly entered vppon and dispossessed M" Anne Mason of that pt of the riuer, and of some lands where he hath erected a sawcmill, in his oune wrong, and orders, that a quantitje of land, with priviledge of the riuer, at Newitchawannicke, pportionable to Capt Jn° Masons disbursments, be lajd out by order of this Court to the vse of ]\I''^ Ann Mason and other the heires of Capt Jn° Mason.
And the Court graunts the bill of costs, presented by JNP Joseph Mason, of sixe pounds tenn shillings and fower pence, ag' M"' Richard Leader.
The Court being informed, that, at the publishing of the last Court orders at Salisbury, Lef I Rot)t Pike demanded if that lawe which was made to rcstrajne ynfitt psons from constant preaching, &6, whither that lawe was in fforce after the next Gennerall Court, to which ans' being made that the Court had de- clared theire minde therein, on which he repljed that such persons as did act in making that lawe did breaks theire oath to the countrey, or acted contrary
THE MASSACHUSETTS BAY IN NEW ENGLAND. 157
expressing the fFreemans oathj for, sajd he, it is against the libertje of the 1 G.^o. countrev, both ccleasiasticall and civill, and that he stood there ready to make it ' ■" ' good ; and farther sajd diners or seuerall churches had called theire members to accompt which did act in that lawe making, and that some places Avere about to shew theire minds to the Gennerall Court about it.
By Sam Winsley, Sam Fellowes, Willjam Buswell.
I doe very well remember that L : Pike spake words to that effect, as is above specified, p mc, Tlio Bradbiuy.
The Comt doth order, that Left Roht Pike should be sent for w"" His triall. speede to answer such things as are lajd to his charge.
lie was sent for by attachment accordingly, and appeared before the 7 September. Court, 7"^ September, 1653. The Court, on a full hearing of the case about Leift Eott Pike, and all the evidences that haue testified in the case, doe judge that he is guilty of defamcing of the Gennerall Court, and doe therefore order, that the isd Roht Pike shallbe disfranchised, and disabled to beare any His sentence. publicke office in tonne or coiiionwealth, and from pleading any case except his ouiie in any Court ; and further, that he be bound to the good behaviour during the Courts pleasiu'c, and be fined the soinc of twenty marks to the country. Eolit Pike accordingly acknowledged himself bound in tenn pounds to the Treasurer, 'M.'^ Richard Russell, on this condicon — that he will be of good abearing till the next Court of Asistants.
This Court taking into consideration that Major Edward Gibbons (of whose fidellitje and serviceableness this coiiionwealth haue niannifold experi- ence) hath a very considerable soiiie of money due vnto him from the French in the easterne pts, who, by the reason of the prohibitjon of trade, bearing date the 18th of May, 1653, *is cutt of from going forth to gett in the sajd estate, [*143.] therefore this Court doth hereby give libertje to the sajd Major Edward Gib- bons, by himself or his assignes, to goe w"* any vessell or vessells to the sajd Major Gibbons French w"' provissions for trade, and not otherwise, whereby he may endeavor .^.th ,0 F,ench the getting in his sajd debt, notw*''standing the sajd phibition of trade w* **-■• the sajd French, which is still contjnewed, except by this libertje to the sajd jNIajor Edward Gibbons ; and this order to be in force during the pleasxu'e of this Court.
The retourne of the coiiiissioners, who, vppon the coiiilssion graunted by Comission" the Gennerall Court, bearing date the 7"' of June, 1653, viz., Richard Bel- lingham, EscJ', Dep' GoQ, Cap? Thomas Wiggins, Daniell Dennison, Sar' Miijo'' Gen", Edward Rawson, Secret, and M' Brjan Pendleton, who, in order to theire coiiiission, repaired to Wells, and sent out suiiions to the inhabitants of Wells, Saco, and Cape Porpus to appeai-e before them the ■1"' of July, 1653. .
158 THE RECORDS OF THE COLONY OF
16 53. Att Wells, 4'''of July, 1653, at M'' Emersons howse, tlie coiiiissioTiers
' '' ' above meiicoiiecl, by virtue of tlicire couiission, held and kejjt Court there, aud cawscd the inhabitants of "Wells, by name pticcularly, to be called, accord- ing to thcire suiuons ; and those whose names are hereunder written made theire appearances, and acknowledged themselves subject to the gouernment of the Massachusetts, as wittnes theire hands, this 4"" July, 1653. Joseph Emerson, Ezek : Knight, Jn" Gooch, Joseph Boules, Jn°than Thing, John I Barret, Scii. After theire subjection, the comissioners judged it meete to graunt them to be freemen, and accordingly administered the oath of freemen to them. Counstabie of And for the better effecting the ends of theire coinission, they ap-
Wells.
pointed Jonathan Thing to be counstabie there for one whole yeere, and gaue him the counstablcs oath accordingly.
And whilst the names of the inhabitants of Wells wef calling ouer, Willjam Wardell, one of the inhabitants there, coiiiing by, was called to come in and answer to his name, which he refused, and contemptuously turned his backe on the Court ; for w"'' contempt the Court graunted out a warrant to the counstabie to fetch the sajd W™ Wardell before them to ans"' his contempt, ■Wardells con- and SO adjourned the Court to M'^ P^zekiell Knights ; to which place the counstabie brought the sajd Wardell, the rest of the inhabitants of Wells ac- companying him ; the Court demaunding a reason of the sajd Wardell for his contemptuous behaviour, who excused himself that his intent was not to con- temne the Court, but rather to endeavor to get the rest of the inhabitants of Wells that had not appeared to come in and make theire appearances, the Court, at the request of the inhabitants, who pmised the said Wardell should be forth coming the next day, dismist the sajd Wardell, and adjourned the July 5, 53. Court till the next day at eight of y" clocke. At which time the Comt mett againe, and the inhabitants of Wells were called, according to theire suilions, and appearing did subject themselves as ffoli : Wee, whose names are heere- Inhabitants of vuder Written, inhabitants of Wells, doe heereby freely acknowledge ourselves Wels subjec- g^^^ijjgct to the gouernment of y" Massachusetts, as wittnes our hands, this 5"^
tion. JO
of July, 1653. Henry Boade, Jn" Wadly, Edmond Litlcfeild, Jn° Saunders, Jn° White, Jn° Bush, Robt Wadly, Fraimcis Litlefeild, Seii, AY" Wardell, Samuel Austin, W"" Hamans, Jn° Wakefeild, Tho Milles, Antho Litlcfeild, Jn" Barrett, Jun, Tho Litlefeild, Frauucis Litlefeild, Juil, Nicho Cole, W" Cole. vv d 1 di '^^^'^ Court, at the request of these inhabitants, accepted the submission of W"" mission. Wardell ; and to these above mcnconcd, also, the coiuissioncrs graunted they
should be freemen, and in open Court gave them the freemans oath. And further, whereas the toinie of Wells hath aocknowledgcd themselves subject
THE MASSACHUSETTS liAY IN NEW ENGLAND. 159
to the ;^oQiimcut of the ^Massachusetts Bay m New England, as by theire 1G53. subscriptions may appeaic, — ^ '
*Wce, the comissioncrs of the Gennerall Court of the Massachusetts for L , ,^.' the setling of goucrnment amongst them and the rest w"'in the bounds of their priviiod'cs charter northerly to the full and just extent of theire line, haue thought meete g""' t" iniiabit
ants of Wells.
and doc actually graunt, —
1. That Wells shall be a touneship by itselfe, and ahvajes shallbe a part of Yorkshire, and shall enjoy j^rotectlon, tequall acts of fauor, and justice with the rest of the people jnhabitting on the south side of the Riuer of Pis- catque, w'^'in the limitts of our jurisdicction, and enjoy the privilcdges of a toune, as others of the jurisdiccoa haue and doe enjoy, w"" all other liber- tjes and priviledges to other inhabitants in our jurisdiccon.
2. That euery inhabitant shall haue and enjoy all theire just proprietjes, titles, and interests in the howses and lauds which they doe possesse, whither by graunt of the toune possession or of the foi-mer Gennerall Courts.
3. That all the ^sent inhabitants of Wells shall be fi-eemen of the coun- trje, and, hauing taken the oath of freemen, shall haue libertje to give theire voates for the election of the Gouerno"', Asistants, and other gennerall officers of y" countrje.
4. That the sajd toune of Wells shall haue three men, approoved by the 3 coSiissioners
r^ j~i r 11 1 1 ^o ^^^ smale
County Court from yeere to yecre, to end smale cawses, as other the toune- (.^^s^s ikv. shipps in tlie jurisdiccon hath, where no magistrate is, according to lawe ; and for this present yeere M'' Henry Boade, M' Thomas Wheelewright, and M'' Ezekiell Knight are appointed and authorized coiiiissioners to end smale cawses vndcr forty shillings, according to lawe. And further, these comis- sioners, or any two of them, are and shallbe impowred and invested with full power and authoritje as magistrates to keepe the peace, and in all civill cawses to graunt attachments and executions, if neede require. Any of the sajd coinissioners haue power to examine offenders, to cofnitt to prison, vnlesse bajle be given according to lawe ; and when these, or any of these, shall judge neede- full, they shall haue jjower to binde offenders to the peace or good behaviour : also any of these coinissioners haue power to administer oathes according to lawe ; also, marrjage shallbe solemnized by any of the coinissioners according to lawe.
Itt is further heereby ordered and graunted, that for this present yeere. Selectmen for M' Hemy Boad, M' Thomas Wheelewright, M'' Ezekiell Knight, Jn" Wadly, '^^''"'• and Jn" Gooch shallbe the selectmen to order the prudentiall affaires of the tonne of Wells for this yeere.
160 THE RECORDS OP THE COLONY OF
1653. M"" Heiuy Eoad, M"' Thomas Wheelewright, and M"^ Ezekiell Knight
'* tooke theire respective oathes as commissioners or associates vse to doe.
Inhabitants of Lastly, it is graunted, that the inhabitants of Wells shall be from tjme to
Wells to beare ^j,jjg exempted from all publickc rates, and that they shall alwajes bearc theire
their ouue
charges, &c. ouno chai-gcs of the Covu-ts, &(3, arising from amongst themselves. M'^ Joscjih Clarke of y Bowles was appointed clarke of the writts to graunt warrants, attach-
ments, &6. Grand jury- ]\'P Ezskiell Knight is appointed to be a grand juryman for the toune of
Wells for one yeere, and tooke his oath accordingly. Morg. Howell The cawse betweene Morgan Howell and Jn° Baker is contjnewed and
nci;on ag* Jn" /»j ii 'iii r-t /^ --i^ii.
Baker res^ toy" I'eierrea, to be aetermmecl by the next County Court in i orkshire. County Court, j^o Baker did acknowledge himselfe bound in twenty pounds to llichard
Russell, gent. Treasurer of the Massachusetts jurisdiccon, on this condicon — that he shall appeare before the next County Coiut in Yorkshire to ans'" y'' sajd accon or complaint of INIorgan Howell. [ 144.] *Seuerall artickles were exhibitted against Jn° Baker for abusive and
" •*^' " ' opprobious speches vttered by him against the ministers & ministrje, and for vpholding private meetings and projihecying, to the hinderance and disturbance of jjublicke assemblings, &d, some of which being prooved against liim, he tendered voluntarily to desist from pphecying publickly any more. The Court proceeded to censure him to be bound to his good behaviour, and forbad him any more publickly to p''ach w"'in this jurisdiccon.
Jn° Baker did accordingly acknowledge himself bound in twenty pounds to M"" Richard Russell, Treasurer of the Massachusetts, on this condicon — that he "will be of good behaviour betweene this and the next County Court, and make his ajipearance at the sajd Court, if he be •w^'Hn this jurisdiccon. Differences in Wee, the Commissioners of the Massachusetts for setling the gouernment
atCapePorpus ^'- ^V^^Us, Cape Porpus, and Saco, being inform.ed of seuerall differences & Saco. amongst the inhabitants of Wells, which were principally occasioned (as was
professed in the Court) by those that called thcmselucs the church there, which differences wee Avere very desirows to compose, and therefore were will- ing to be informed of the proceedings of those persons, and the successe of theire church estate, after wee had heard Avhat both partjes could say, w"' the relatjon of M"^ Boad, Edmond Littlcfcild, and A\'illjam Wardell, wee were ffully sattisfied that theire cliurch relation was dissolved, wherevppon wee ad- vised them to desist from further disturbance of the place by asserting theire pretended church relatjon, and to apply themselues for the future to some other course, which might conduce more to the peace and setlement of the
THE MASSACHUSETTS BAY IN NEW ENGLAND. 161
place, wliicli if they shall neglect to doe, and shall contjnew theire vn- grounded assertjon of theire church relatjon, wee professe ourselues bound to beare wittnes against them for endaingering the disturbance of the peace and ■welfare of those people vnto whom (wee haue cause to hope thro the blessing of God) our endeavors for theire good will not proove successelesse, and doe therefore earnestly desire they may not be rendered fruitelesse by those especially who professe themselues, before others, to be the children of peace.
The Court also proceeded to make this protestacon, which was by the mai-shall publickly publisht.
Whereas wee haue declared the right of the Massachusetts gouernment to the tounes of Wells, Cape Porpus, and Saco, and the inhabitants thereof, be- ing suinoned, did appeare before vs at Wells, on this 5"" of Jidy, 1653, and acknowledged themselues subject therevnto, and tooke the oath of freemen and fidellitje to the sajd gouernment, which by vs theire comissioners haue appointed and setled a gouernment ouer them. Wee doe therefore heereby protest against all persons whatsoeuer, that shall challenge jurisdic- con or excercise any act of authoritje ouer them, or ouer any other psons to the northward inhabitting within the Ijmitts of our patentts, which doth ex- tend to the lattitude 43 degrees 43 minuits & y of northerly lattitude, but what shall be derived from vs the commissioners, or the Generall Court of the Massachusetts. Giuen vnder our hands, at Wells, in the county of Yorke, 6"^ of July, 1653, & signed,
RICHARD BELLINGHAM, THOMAS WIGGIN, DANIELL DENNISON, EDUARD RAWSON, BRIAN PENDLETON.
*Itt was ordered also, that the select men of the toune of Wells shall, [* 145.1 and are heereby impoured to appointe a meete pson to keepe an ordjnary there for entertajnment of straungers.
Jn" Saimders & Jonathan Thing, as serjants, are appointed to excercise the souldjery there.
Att a Courte held at Wells by the aboue mentjoned comissioners the S""
July, 1653.
The inhabitants of Saco, being by name pticularly called, made theii-e ap- pearances according to theire sumons, and those whose names are herevnder
VOL. IV. PAKT I. 21
162 THE EECORDS OF THE COLONY OF
1653. written ackno-v^ledged themselves subject to the gouerniuent of the Massa
*" '' "^ chusetts, as wittnes theiie hands, this 5"" of July, 1653. 7 September.
THOMAS WILLJAMS, ROBERT BOOTH,
WILLJAM SCADLOCKE, RICHARD COWMAN,
CHRISTOPHER HOBBS, RALFE TRISTRAM,
THOMAS READING, GEORGE BARLOW,
RICHARD HITCHCOCKE, JN° WEST,
JAMES GIBBINS, PETER HILL,
THOMAS ROGERS, HENRY WADDOCKE,
PHILLIP HINCKSON, THOMAS HALE.
Saeo. The coinissioners judged it meete to grauut them to be freemen, and ac-
cordingly gaue them the freemans oath, which they tooke in open Courte.
And whereas the inhabitants of Saco hath acknowledged themselues sub- ject to the gouernment of the INIassachusetts Bay in New England, as by theire subscriptions may appeare, wee, the coiuissioners of the Genncrall Court of the Massachusetts, for the sctling of gouernment amongst them and the rest w">in the bounds of theire charter northerly, to the full and just extent of theire Ijne, haue thought meete, and doe actually graiint, —
1. That Saco shall be a touncship by itselfe, and alwajes shallbe a parte of Yorkeshire, and shall enjoy jjrotcction, a?quall acts of fauor and justice with the rest of the people inhabitting on the south side of the Riuer of Piscat- aque, or any other w"'in the Ijmitts of our jurisdicobn, and enjoy the privi- ledges of a tonne, as others of the jurisdiccou haue and doe enjoy, w"'all other libertjes and priviledges to other inhabitants in our jurisdiccou.
2. That euery inhabitant shall haue and enjoy all theire just proprietjes, titles, and interests in the howses and lands which they doe possesse, whither by graunt of the toune jjossession or of the former Gennerall Courts.
3. That all the present inhabitants of Saco shall be freemen of the coun- trje, and having taken the oath of freemen, shall haue libertje to giue theire votes for the election of the Gouernor, Asistants, and other gennerall officers of the countrje.
4. That the sajd toune shall haue three men approoved by the County Courte, from yeere to yeere, to end smale cawses, as other the touneshipps in the jurisdiccon hath where no magistrate is, according to lawe. And for this ]psent yeare M' Thomas Willjams, Robert Booth, and Jn° West are appointed and authorized to end all smale causes vnder forty shillings, according to lawe ; and farther, these coinissioners, or any two of them, are and shallbe impowred
THE MASSACHUSETTS BAY IN NEW ENGLAND. 103
7 Septembei:
and Invested with full power and authoritje, as a magistrates, to kecpc the 1 G 5 3. peace, and in all ciuill cawses to graunt •attachments and executions, if neede require. Any of the sajd coinissioners haue power to examine offcndors, to coiiiitt to prison, vnlcsse bajle be given according to lawe. And when theise, or any of theise, shall judge needefull, they shall haue power to bjnde offenders to the peace *or good behavior. Also any of theise coinissioners haue power f* 146.1 to administer oathes according to lawe. Also marrjage shallbe solemnized by any of the coinissioners, according to lawe.
Itt is further hecreby ordered and graunted, that for this present yeere M"' Thomas Willjams, Robert Booth, and Jn° West shallbe the selectmen to order the prudcntjall affaires of the toune of Saco for this yeere ; and they took thelre respective oathes as coinissioners or associates vse to doe.
Lastly, itt is graunted, that the inhabitants of Saco shallbe, from tjme to tjme, exempted from all publicke rates, and that they shall alwajes beare theire oune charges of the Courts, &(5, arising from amongst themselues.
Ralph Trustrum was appointed counstable there, and tooke his oath.
W™ Scadlocke was appointed clarke of the writts there, and also grand- jiuyman for this yeere, and tooke his oath. Richard Hitchcocke was appointed and authorized as a sarjant, to excercise the souldjery at Saco.
The coinissioners being informed that John Smith, of Saco, is necessarily detajned from coming to j'eild subjection to this gouernment, and that it is his desire to subject himselfe to this gouernment, they doe graimt that on his acknowledgment of subjection to this gouernment, any two of the coiiiissioners at Saco may and hereby haue libertje to giue him the oath of a freeman.
The like libertje, on the like termes, is graunted to the coinissioners of "Wells to administer the like oath to Richard Ball, Richard Moore, Jn° Elson, Arthur Wormestall, and Edward Clarke.
The coiiiissioners being informed that Saco is destitute of a good minister, which is much desired, that all due care be taken to attajne the same, and in the meane tjme that theire peace maybe preserved, they doe declare and order, that Robert Booth shall haue libertje to excercise his guifts for the aedefEcatjon of the people there. Seuerall of the inhabitants complayning that George Barlow is a disturbance to the place, the coinissioners, at theire request, thought it meete to forbid the sajd George Barlowe any more publicquely to preach or pphecy there, vnder the pcenalty of tenn pounds for euery offence.
Itt is ordered, that the Inhabitants of Wells, Saco, and Cape Porpus shall make sufficjent highwajes within theire toimes, from howse to howse, cleere and fitt for foote and caite, before the next County Comt, vnder the pocnalty
7 September.
164 THE RECORDS OP THE COLONY OP
16 53. of tenn pounds for euery tonnes defect in this particcular, and that they lay out a sufficjent highway for horse and foote betweene tonne and tonne, witliin that tjme.
At a Court held at Wells, 5"^ July, 1653.
The inhabitants of Cape Porpus was called, and made theire appearances according to theire sumons, and acknowledged themselves subject to the gouernment of the Massachusetts, as followeth : —
Wee, whose names are vnder written, doe acknowledge ourselves subject to the gouernment of the Massachusetts, as wittnes our hands.
MORGAN HOWELL, CHRISTOPHER SPURRELL, THOMAS WARNER, GRIFFIN MOUNTAGUE, JOHN BAKER, W" RENOLLS, STEPHEN BATSONS, GREGORY JEOFFERJES, PETER TURBAT, JN° COLE, SYMON TROTT, AMBROS BURY.
[* 147.1 *To these aboue mencSned also the coinissioners graunted they should be
ffreemen, and in open Court gaue them the freenians oath. And further : whereas the tonne of Cape Porpus hath acknowledged themselves subject to the gouernment of the Massachusetts Bay in New England, as by theii-e sub- scriptions may appeare, wee, the comissioners of the Gennerall Court of the Massachusetts for the setling of gouernment amongst them, and the rest w"'in the bounds of theire charter, northerly, to the full and just extent of theire Ijne, haue thought meete and doe actually grauut, —
1. That Cape Porpus shallbe a touneship by itselfe, and alwajes shallbe a part of Yorkshire, and shall enjoy seqnall protectjon, acts of fauor and justice with the rest of the people inhabitting on the southside of the Riuer Piscataque, or any other within the Ijmitts of our jiuisdiccon, and enjoy the priuiledges of a toune, as others of the jurisdiccon haue and doe enjoy, w'^aU other Hbertjes and prlviledges graunted to other inhabitants in our juris- diccon.
3. That euery inhabitant shall haue and enjoy all theire just proprietjes.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 165
titles, and interests in the howses and lands which they doe possess, whither by graunt of the touue possession or of the former Geunerall Coiuts.
3. That all the present inhabitants of Cape Porpus shall be freemen of the countrje, and having taken the oath of freemen, shall haue libertje to giue theire votes for the election of the Gouerno'", Asistants, and other geimerall officers of the countrje.
Morgan Houell, of Cape Porpus, did acknowledge himself bound in fiffty pounds to the Treasurer of the countrje, on this condicon — that he will psecute his accon against Ju'' Baker at the next County Court to be held at Yorke.
Griffon RIonntague was chosen and sworne counstable there. Gregory Jeoffcryes was chosen grand juryman there for one yeare, and tooke his oath accordingly. Capt Nicholas Shapleigh was chosen Treasui'er for the county of Yorkcj & is allowed.
Signed,
EI: BELLINGHAM, Dep' GoQ, DANJELL DENNISON, EDWAKD RAWSON.
The Court, having vejwed this retourne of the comissioners that went to Wells, Saco, and Cape Porpus, doe approove thereof, provided that the county of Yorke beare theire pportjon of charge fpquall to and w"" ourselues, and orders, that due and harty thanks be rendered to them by this Court for theire pajnes and service therein, and shallbe willing and ready to make them further sattis- faccbn in the graunt of some lands to each of them respectiuely, when any shallbe presented.
Whereas Majo'' Gennerall Daniell Dennison did, vppon intelligence of Major Gen. some thousands of Indians at Piscataque, and the great affiight of the people in those parts, the last spring, order a party to make a true discouery, and to quiet the minds of the inhabitants, who were much distracted and taken of theire imployments at that busy time of the yeare, itt is heereby ordered, that the counstables of Ipswich, Rowley, out of which plantacbns all the souldjers were taken, shall, by order from the majo' gennerall, pay to eQy footc souldjer for euery dajes ser^'is one shilling, and to y" sarjant that coinanded y"^ party, consist of 23 or 24 men, two shillings for each day, and to two troopers y* were sent before y° partje, and were on y" service from Friday morning to Monday night, two shillings 6"* p day, which somes shallbe allowed y* coun- stables by y^ Treasurer.
*The Coui-t having pervsed and considered the letters and papers from r*148.]
166 THE RECORDS OF THE COLONY OF
165 3. the Gemierall Courts of Conecticott and New Hauen, which were directed to
' '' ' the Governor and counsell, and by them referred to the consideration of this
„ . . Court, the contents whereof wee finde to be of great concernment to the
Commissioners ' ^
on the subject seuerall Vnited Collonjes, and the rather becawse we perceive the opinnions of
of peace & war.
the sajd Courts seeme different from our oune, and therefore wee judge it most conducing to peace to wane disputes concerning the point in controversy, not becawse wee haue not reason to justify the substance of our declaratjon, or to answer the reasons brought to majntajne theire assertjon, which conclude not the queestion in difference, but only that which wee neuer denyed, viz., that the cofiaissioners haue, by the words of the articles, power to determine the justice of an ofFencive warre, our assertion, which they seeme to oppose, being this, viz., the coinissioners haue not power to determine the justice of an of- feucive warre, so as to oblige the seuerall colonjes to act accordingly, which, if it had binn observed, would haue prevented that opposition that hath binn made, ffor wee haue no cawse to doubt but the rest of the colonjes, well con- sidermg the case, will readily joj-ne with vs in this explication of the artic- tles: "Whereas it is agreed that, for the mannaging & concluding of all affaires, &6, two comissioners shallbe chosen by, and out of, each of these fewer jurisdiccons, &6, which shall bring full power to heare, examine, weigh, and determine all affaires of peace or warre, &(3, provided, that, in case of an offcnciue or vjndictiue warre, taking in more confccderates, making of leagues, and sending aides to any other then our confccderates, the Gennerall Courts of each jurisdicc8n be at theire libertje to act according to theire oime light and conscience, notwithstanding any determination of the comissioners in the sajd cases ; and this reason may induce all the colonjes, becawse the Gennerall Courts will in the sajd cases, de facto, be judges of the justice of theire oime acts, itt not being to be supposed they will act in such weighty occasions without sattisfaction to theire consciences, and therefore, de jure, they ought to be free, and not to be \aider a djlcmma, either to act without sattisfaction against theire light, or be accounted couenant breakers, which will hazard the breach of the confocderacy, which may by this meanes be preserved. 1" Sept. 53. The coiriissioners of the three Vnited Colonjes, on receipt of y' Courts
judgment, retourned this as an ans' thereto : —
In answer to a writing newly received from the honnored Gennerall Court of
the Massachusetts.
The comissioners for the thi-ee smaller colonjes haue brought with them full power from theire respectiue jurisdiccons to heare, examine, weigh, and detennine all affaires of peace, warre, leagues, aides, &6, according to the
THE MASSACHUSETTS BAY IN NEW ENGLAND. 167
graiSatticall and true sense of the artickles of confoederation, and hoped the coiuissioneis for the Massachusetts should haue binn invested with the same power, w'''' the former interpretacou and the present writing received from this Gennerall Court doe seeme to crosse.
They know well that no authoritje or poorer, either in parents, magis- trates, coiTiissioners, &6, doth, or ought to, hold against God, or his coiiiands ; but they conceave that is not *the quoestion heere, nor is any clawse or caution PMO.I more cleavely and fully (as they apprehend) inserted in the framing of any Comissionera coiuonwealth, jurisdiccon, &6, to preserve peace and righteousncs then in these artickles of combjnation. The coiiiissioners haue mett these tenn yeares, and, through the presence and asistance of God, doe not yet know of one vnjust conclusion made or passed by them, though heerein they assume nothing to themselves, who are men subject to infirmitje as well as others. This, then, is not the cawse of the late interpretacon, or present difference ; it seemes to haue some other bottome ; they conceave this Gennerall Court resolve, from tjme to tjme, not only to judge of the justice, but of the conveniency, of what the coiiiissioners conclude, and that each of the fower Gennerall Coui'ts shall doe the like, and to act no further then themselves will professe to see light, and to receave sattisfaction to theire consciences; so that though the coiiiissioners determine vppon grounds good and safe in themselves, yett theire conclusions (as most things are) shall, in one Courte or other, be still liable to doubt and quoestion, which apparently tends to breake the confu?deration ; for they con- ceaue that neither colonjes nor coiiiissioners will finde encouragement to beare Dat. 2 Sep', 63. such charges, and make such journejes, vppon such vncertajne and unsattis- f)-ing termes. Subscribed,
THO: PRENCE, JOHN BROUNE, RO: LUDLOWE, JNO: CULLICKE, THEOPH: EATON, JNO: ASTWOOD.
Vnto which reply of the comissioners the Court sent them this answer.
The Courte cannot but judge it necessaiy that the explicatjon presented in Courts 2 ans'. our last paper be incerted into the artickles of confoederation, as much condu- cing to the right vnderstanding of the confocderacy, and the office and nature of coiiiissioners, who at first, and in some colonjes to this tjme, were chosen by the Gennerall Courts to be theire counsell in these wcjghty affaires, not to be theire gouerno''s to comand or enjoyne them, the consequence whereof wee
168 THE KECORDS OP THE COLONY OF
16 53. suppose will, In a little tjme, be resented by others as well as ourselves ; ' '' "' therefore wee, being desirous to avojde contests or prolix disputes with the coiuissioners, doe desire this maybe accepted as our finall conclusion for the present, viz. : that wee cannot graunt that the seuerall jurisdiccons are subor- dinate or subject to the authoritje of the coiiiissioners, and therefore not bound, in foro ciuilj, to execute theire determinatjons, nor act according to theire judgments in making ofFenciue warre, leagues, or aides, becawse potes- tas bellj gerendj aut pacis sancjendsB, salua majestate jmperij eripi nequit ; not- withstanding, if theire judgement and deterniinatjon be just and according to the word of God, wee doe acknowledge the coloujes to be bound to act ac- coi'dingly, not only in foro conscientjae, becawse the determinations are just, but in foro civilj, becawse of the contract and league betweene the confceder- ates, although not by the authoritje of the coiiiissioners.
An answer to a second writing received from the honnored Gennerall Court
of the Massachusetts.
The fower colonjes, vnitjng, did, by expresse words and according to the true sence of the artickles, enter into a perpetuall league and couenant for themselues and theire posteritjes, that theire eight coiiiissioners, or any sixe of them, should haue full power to heare, examine, weigh, and determine all affaires of warre and peace, leagues, ajdes, &G, propper to the confccderation, wherein no one colonje or Gennerall Court alone can haue power to act for [*150.] the rest ; though the coiiiissioners still readily *acknowledge that all counsells, lawes, and conclusions, whither of magistrates, Gennerall Courts, or coiiiis- sioners, so farre as they are mannifestly vnjust, are, and ought to be, accounted Comissio's 2'' of no force. Let God be exalted, and all sorts of men sett (where they should ^''^, I.' ,„ he) at his feete : but the power of determining cannot be taken from the
0 Sept. 53. ^ ^ "
coiiiissioners without vjolation of the couenants. They haue no power to make new artickles, nor may act as coiiiissioners. If the former be broken, they shall acquaint theire respective Gennerall Courts with the finall conclusion of this colonje, dated and received this present day, and leaue it to theu'e consid- eration, propounding only to yo''s, wither it will not be a great sinne against God, and very scandalous before men, that a confccderation five yeeres vnder deliberation in New England, and since contjnewed tenn yeares without jnconvenjence, nay, with a blessing, — a confoederatjon wherein euery artickle was considered and weighed, not only by a coiiiittec from each of the fower jurisdiccons, but by the whole Gennerall Courte of the Massachusetts then sitting ; a confcederation for which prayer was put vp publicquly while it was vnder treaty, and publicque thanks retourned when it was finished, —
THE MASSACHUSETTS BAY IN NEW ENGLAND. 169
7 Septemoer.
should by this Courtc bee first distmbcd by a strajued interjiretacon, 1 G 5 3. as if the artickles gaue no power to the coiiiissioners to act in an ofFencive warre, and after, ■\\'hen that was cleered and yeilded, to deprjue them of all power in ofFencive warre, leagues, aides, &S. They must meete only to giue advice, which any of the seuerall jurisdiccons might take or leaue, as themselues see cawse, and so make all vojd ; and that becawse the majesty or lionnor of goQnment cannot be preserved, if the power of making warre and setling peace be in the hands of comissioners, and chosen gennerally out of and by the ffreenicn of the fowcr colonjes, which, by the confcederation, are made and ordered to contjnew one, and to be called by the name of the Vnited Colonjes of New England ; whereby the couenant and league, so solemnly, seriously, and religjously made, must necessarily breake and be dissolved ; but whither this vjolation proceed from some vnwarrantable scruple of conscjence, or from some other ingagement of spiritt, the Massachusetts neither expresse, nor will the coinissioners determine, but leave it to the wise and righteous God, who is the only Lord of the consciences and spiritts of men. Subscribed,
THO PRENC:, JNo CULLICKE,
JNo BROUNE, THEOFH: EATON,
EOG: LUDLOW, JNo ASTWOOD.
Vnto which reply the Court sent them this answer, as followeth : —
Gentl : —
Wee conceaue wee had some reason to thinke yourselues were not vnfur- nished with power at this tjme to declare the true sence of the articles of confcederation which was in question betweene vs and some of your Gen- nerall Courts, this Courte being called on purpose to giue the oppertunitje, that by a speedy and amicable way the sajd quaestion might be cleered and re- solved to mutuall sattisfaccon ; and, in pursuance thereof, this Courte hath tendered to yo"" consideration (not any new articles concerning which they neuer desired or accepted yow should be in a capacitje to treate) some prop- positions concerning theire desii'ed explanation of the articles, and theire oune sence of them, by which they conceave (notwithstanding your *former and [*15L] present intimacons) they are no violaters of the articles ; and if yo"^ vnder- standing shall for that reason render vs such, and vppon that accompt yow shall refuse to proceede with our coiiiissioners, whom wee haue authorized according to the articles, wee are confident to be secured from that jmputation before jmpartiall judges. Seing, therefore, yow are not in a capacity, wee shall not any further make applicatjon to yow, which vpj)on that accompt willbe
VOL. IV. PART I. 22
170 THE RECORDS OF THE COLONY OP
rendered fruiteless. "Wee shall henceforth adresse o''selves to the seuerall Gennerall Courts of our confocderates, to whom wee doubt not but oiu- sence of the articles presented vnto yow will (if rightly understood) be most accept- able, being, as wee concejve, the true and genuine sence — not any pticcular interest of this colonje, or any member thereof. And for the present wee doe declare (in the sinceritje of our harts) our vufeigned desires of the ppetuitje of the confcederation, and of the coinissioners actjug at this present meeting according to theire comissions, which if they doe not wee must protest our jnnocency. Wee take leaue, further, by answering some other passages in your last paper, to cleare our oune meanings in our proppositions tendered to .yow : that this confcederacy was the result of some yeares laboiu's, and the subject of prajer and prajses, wee doe confesse, and yow may please to beleive (as wee haue professed) is so to this day with vs in the true sence thereof ; the guilt of the violation whereof, becawse scaudalows, wee are re- solved not to drawe vppon ourselves, and hope oiu- confcederates will, in theire wisdomes, avojd.
Your confession that the mannifestly vnjust determinatjons of the coinis- sioners are of no force, is of litle force in this case, where yow secLuallize them with the lawes of magistrates, or Gennerall Courts, whose authoritje, (though the conclusion be in its oune nature vnjust, and so judged by the sub- ject,) yett judged by themselves just, will oblige the person concerned, though not to obedience, yett to poenalties.
Wee doe not nor will not deny but by the articles of confoederatjon, 8 or 6 comissioners haue power to heare, examine, wejgh, and determine all af- faires of peace, warre, leagues, aides, &S, propper to the confcederation ; neither did wee euer jmagine, and therefore wonder, it should, at least seemingly, be jmposed vppon vs, that any one colonje or Gennerall Courte, alone, had power to act for the rest, or that wee doe affirme the coiiiissioners must meete only to giue advice, which the seuerall jurisdiccons may take or leaue, as themselves see cawse, and so make all vojde. Haue wee not in terminis acknowledged ourselues bound to act according to theire just determinatjons before God and man, by virtue of our confoederacje, (though not by any other authoritje,) what bonds yow lay vppon vs ? Cann wee be jmagined to be obliged to act the determinatjons of more then eight of the ablest and wisest gent in all the col- lonjes, were wee not bound by our confoederacje ? Wee may, therefore, with lesse offence, challenge, and assert our oiuie interest, becawse wee are ready to giue others theire due ; neither is it a point of majesty or honnor wee labor for, but an essentiall part of that jntire gouernment which is reserved to each colonje in the articles, before the very office ; much more, the power of comis-
THE MASSACHUSETTS BAY IN NEW ENGLAND. 171
sioners be provided for, which being preserved to vs jnviolable, wee shallbe 1653.
farre from opposing the power of the coiTiissioners, but doe acknowledge our- "■" — ^ '
selves bound to assert and defend the same. But if oure owne rights are ' ^''P''^"''""'-
jnvaded, wee shallbe thereby disenabled from maintayning others : though wee
desiie to kecpe ourselves free from jnfringing them, wee will not take vppon
vs to determine the cawsc of this jnterest bctweene the Courte and yoiu'selves ;
wee shall challenge the like libertje w"^ the coinissioners, and leave it to the
Lord, the Judge of the spiritts of all men.
*To which the coiiiissioners made this reply : — [*1.52.]
TT 1 t~i t ^ September.
llonnoreu uentlcmcn :
The coinissioners of the three smaller colonjes did suppose the answer Comissioners given by two of the Gennerall Coiu-tes had suficijently cleared the sence of ^'^^' '' the articles and power of the coinissioners. The colonjes confcederating, and the freemen choosing and sending them, doe impower them to conclude and determine in all affaires propper to the confoederatjon. If any doubt yett re- majne, wee conceave it maybe further cleared by what was presented by or from yo'"selves to the coinissioners at Pljmoutli, anno 1648, about explanation and setling a right vnderstanding some things in the articles.
1. That by ' safety,' in the second article, is only intended safety from an enemy, not from coiiion evidences, as famine, pestilence, &d., and the same of ' coiiion welfare.'
2. That the scope of the eight articles extend only to cawses which con- ceme diuerse of the colonjes, (not any one in itself,) or some one or more of the colonjes, and some neighbors plantacon, not w*in the confoederation ; and by ' Indjans ' to be meant Indjan straingers, &6.
3. In cases of a ciuill nature, where the coinissioners may haue power to make orders, &6, yett not to haue power to make any gennerall officer of a ciuill nature to execute such orders, but the same to be executed by the officers of such jurisdiccon as shall be concerned therein ; and if such jurisdiccon or colouje shall not submitt and performe, &5, after due admoni- tjon, then to be responsall to the rest of the colonjes for breach of league and couenant, and to be declared what further power the coiiiissioners haue in such case, &S.
The comissioners then concurred with the Massachusetts in these expli- cations, as cleerely agreeing with the true scope of the artickles, as may appeare by the records of that session, but could not admitt of any alterations |
propounded.
Whereas this honnored Court expresse theu-e confidence to be secm-ed from any imputation of violating of the articles before impartiall judges, they
X72 THE RECORDS OF THE COLONY OF
mention not who those judges are, but the coiuissioners conceave they intend our impartial! superiors in England, wherewith they readily close.
What adresses this Court shall please to make to the other three Gen nerall Courts, the coinissioners are assured, willbc according to righteousnes duly attended.
The difference yow would put betweene the power of Gennerall Courts and the coiuissioners, w*in theu-e propper concemments, wee vnderstand not, nor doe wee conceive yourselves were of that minde. Ann" 1648, wee haue sufficijently expressed our aphencons, and shall only add, that when any authoritje impose poenaltjes in cases where the subject cannot according to God obey, guilt willbe charged. Joab sinned in obeying in the death of Vrjah, and David had also sinned had he pimnished Joab for his disobedjence to such a cofnand. As no colony hath power to act for the rest, so no one colony w'Mn this couenant of confmderation may, to the pjudice of the rest, reject the determinations of the coiuissioners, not manifestly vijjust.
That peculiar jurisdiccbn with the articles reference to each colonje the coiuissioners neuer quaestioned, nor they (they hope) shall euer haue any thought in the least to incroach vppon ; but wherein that consists yo''selues expressed in yo' proppositions, 1648, before nienconed, and by a due consid- eration of the passages in other articles, compared with the 11"^, yow may possibly receive fui-thcr light. [*153.] *To conclude : wee may safely (to say no more) protest our oune readj-
ues to preserve the articles in theire full strength.
And to attend o'^ duty in the present meeting, obstniccons cast in by tliis Court being duely remooved, if yow therefore please to expresse yo'^ resolu- tion to continew the just power of the coinissioners, according to the true sence of the articles, as till this yeeare euer intended and vnderstood, both by yourselues and all the other colonjes, till any other articles, explication, or provission be agreed by the fower Gennerall Courts, the coiuissioners shall presently and cheerfully proceed ; if not, (w^'out further losse of tjme,) they desire to retourne to theire other occasions, and shall close w* yo"^ close in leaving the whole cawse to the wise and just Judge who kuowes both o"^ seuerall aymes and all the passages betwixt vs in this dispute. Sept 8"", 1653. Subscribed, THO: PRENCE,
JN° BROUNE, ROGER LUDLOW, JN° CULLICKE, THEOPH: EATON, JNo ASTWOOD.*
THE MASSACHUSETTS BAY IN NEW ENGLAND.
To the comissioners of the Vnited Colonjes. Gentlemen : 9 September.
Wee see not reason to protract tjme in fruitelesse and needles retournes ; Courts 4"' ans'. wee shall acquiesce in o' last paper, and comitt the successe to God. By y° Coiut, 9 September, 1653.
EDW: RAWSON, Secret
To which this answer was retoumed : — 10 September.
The coiiiissioners for the tlu'ee colonjes judged of the meaning of the Massachusetts Gennerall Courte by theire expressions in former writings, and accordingly retourned answers to which they still referr. What that Courte doth this day declare, the comissioners so farr accept that they purpose pres- ently to procecde referring all further quoestious to the adresses the Massa- chusets shall please to make to the other Gennerall Courts. . Sept 10, 1653.
The Court, being informed by one of our coiiiissioners, that o'' true mean- ing concerning the qusestion in debate is not rightly vndcrstood by the rest of the coiTiissioners, wherein if they were sattisfied all obstruccons of theire present actings, according to theire coiiiissions, would be remooved, doth de- clare, that they judge and graunt, that by the articles of confocderation, so farr as the determinations of the coiiiissioners are just and according to God, the seueiall coUonjes are bound before God and men to act accordingly, and that they sinne and brcake couenant if they doe not ; but otherwise they judge they are not bound, neither before God nor men. By the Court.
EDW: RAWSON, Seerel
The Courts letter to y'^ seuerall colonjes is iucerted in the Court booke of records for letters, &<3.
In ans'' to the request of the tonne of Roxbury for the coniirmatjon of Roxburv miili- Isacke Jn°son to the place of captaine. Sari' Griffith Crests to y° place of t''"T<'ffi'^«''s
'■ JT ^ J J i confirmed.
leftennant, and Serjant John Boles to the place of ensigne, the Coiu't allowes theue choice, & graunts theire request.
In ans'' to the peticon of Peter Bent for rcparacon of damages sustajned Bents recom- in liis horses going on the countrjes service to Conecticott, the Couit vnder- ^^^J°' *"' standing the peticoners horse was by that journey worsted at least sixe pounds in the value of it, besides his charge for the cure and the hire of it, they therefore judge meete and order, that he shallbe allowed teun pounds out of
174 THE RECORDS OP THE COLONY OF
16 53. the countije levy, if he accept thereof, or otherwise he may haue libertje to "'^ sue the Treasurer, and recouer what damage he cann justly prooue.
10 September.
M' Dudleys es- ^^ '^^^^^ ^'^ ^ qusBstion, whither the estate of Thomas Dudley, Es^^, late
tate free from pf Jtoxbury, deceased, should be Ijable to the countrje levy, now to be gath- ered, the Court judgeth it to be free & exempt from being Ijable to pay to his countrje rate. [*154.] *In ans' to the peticon of Isacke Boswell, the Court, on the examination
Courts judgm" ^f jj^g case, and all the evidences thereabouts, betweene him and Jn" Cheny,
in Boswells
case. doe finde that the peticoncr Boswell hath a legall deed of sale from M' Batt
for the howse and land in quaestion, and possession thereof, & payment for it ; and doe declare, that Cheny, nor any in whose behalf he sued at Salis- bury Court, hath any legall right to it ; and therefore judgeth the sentence of the Court at Salisbury to be of no force, and that Boswell, the petitioner, shall remajne in peaceable possession of the premisses, and shallbe sattisfied all his charges expended in the case.
Courts judgm' In ans'' to the peticon of W" Blanton for releife ag' two Indjans now
in Blantons .. . , ^ , , . , . , oi- i
case & y In- i"^ prison on suspition 01 breaking his chest open & taking out twenty pounds
djans. jjj money, the Court, hauing heard the case, and examining all the evidences
betweene the peticoner and the Indjans, cannot finde the Indjans legally guilty
of what is charged on them, and doe therefore judge, that the peticoner should
pay what charge hath binu expended by the Indjans in prison.
Blantons ai- In ans"^ to the peticon of W™ Blanton for sattisfaction for the diet of
week for diett ^'^° Frenchmen a month, itt is ordered, that the Treasurer shall sattisfy the
of 2 French- g^:^ Blanton after the rate of fine shillings p weeke for each man.
men. •' .
Courts ans' to In ans"^ to the peticon of Jn" Becket, Anthony Bing, <&: others, the
c'^'^se ^ ^^ '" Court declares the peticoners must seeke theire legall redresse at a County Court or speciall Court, this Court not being willing to medle w"" such cases. Courts judgm' In the case of Christopher Batt against the toune of Salisbury, p appeale
Ban &Toune ' ^^°^ ^^^ Court at Salisbury, att the Court of Assistants, the jury finding for of Salsbury. j-j^g plaintiff, the Court not consenting to receive the verdict, it came to the Gennerall Court of course. This Court, on hearing of the case & examina- tion of all evidences, finds for y^ toune of Sahsbury. M' Aliens Whereas Capt Eleazer Lusher & Edmond Rice were appointed by this
stow^iaid our* Court to lay out a farme of two hundred acres, at Bogerstow, vppon Charles & confirm'd. Riugr^ to M'' Jn° Allen, pastor of Dedham, which they hauing donn, appear- ing by a platt brought into Court, the Court approoves thereof. Hampton In ans"^ to y^ request of the deputy of Hampton, itt is ordered, that the
bounds lajd ^ , , . ^^
out retourne of the comissioners appointed to lay out the west end of Hampton
THE MASSACHUSETTS BAY IN NEW ENGLAND. 175
bouuds shall be recorded, which this Court approoves of, & is as foUowcth : Wee, whose names are heerevnder written, being chosen by the Gennerall Court to lay out the west end of Hampton bounds, vppon o"^ best informacon, haue concluded that the west Ijne shall runue from the extent of the Ijne formerly agreed vppon, to come w"'in two miles of Exitur meeting howse, vppon a direct Ijne, to that parte of Asse Brooke where the high way goes ouer, and from thence vppon a dkect Ijne so as to leave Exitm- Falls a mile ik, halfe due north of the same, and from thence vppon a west & by north Ijne as £irr as the vtmost extent of Salisbury bounds that way ; wee intend the falls at the toune bridge.
SAM: WINSLEY, THO« BRADBURY, ROBERT PYKE.
*In ans"" to a motjon or request of M"^ Cleve, the Coiut retourned him [*155.] this ans' : M' Cleve, according to yo'' desire, wee tender this account of our Courts ans' to
° •' M'Cleves.
proceedings at Wells, Cape Porpuss, Saco, &d. In the yeare 1652 wee or- dered some members of this Court, with two artists, to make a true discouery of the most northerly branch of Merrimacke, that accordingly wee might lay out the northerly lyne of our pattent, which is to extend three miles beyond the most northerly parte of Merrimacke Riuer, which lyne is to runne through the maine land of America, from east to west, in the lattitude of 43'^ : 43 : '2^. And in further prosecution of the same, wee did, in July last, dispatch our comissioners to Wells, Cape Porpuss, and Saco, to challenge our right by pattent ouer those parts, where the inhabitants did voluntarily acknowledge themselves subject to this gouernment, & tooke the oath of fidellity & freemea to the same ; our coinissioners publishing a protestation at Wells against any person or persons that should challenge jurisdiccbn, or excercise any act of authoritje ouer them, or any other persons inhabitting w"'in the Ijmitts of our pattent, (which doth extend to the lattitude of 43"* : 43 : ^2 of northerly latti- tude,) but what shallbe derived from the Gennerall Court of the Massachusetts ; all w"^"" acts of oiu' coinissioners wee haue ratified and confirmed, and shall en- deavor, by all lawfuU meanes, to majntaine & defend oiu- just right in those Ijarts graunted vnto vs in our pattent.
The Court being informed by Lef? W™ Davies and M"^ Henry Shrimp- LePW-Davies ton, that M' Dickery Caruithen is this morning departed this life, and that by ^^^ ', ^^ ^^^ reason thereof the affaii-es of the ouners of the sajd shipp and goods, respect- about M'Caru-
thens estate &
ing the accomplishment of his vojage, is wholy left destitute, both of a meete freight, &c. ma"' and power to carry on both the accompts of the sajd owners and M'
176 THE RECORDS OF THE COLONY OF
10 September.
1653. Caruithens oune affaires, and having pervsed the last will and testament of the sajd Dickery Caruithen, finding his care, both for the ouners and his oune affaires, to be such as by a letter of attourney and last branch of his will, desiring that the sajd Left Davis, & M'" Henry Shrimpton, as his agents and attourneys, should fully be impowred to sue, demand, and receave all debts, goods, freight, &6, due to Mm or the sajd owners ; the Court judgeth it meete, that the sajd Left W™ Davis and M'' Henry Shrimpton shall and hereby are impowred to acte according to the sajd letter of attourney and last branch of the sajd will, and they are to be responsall so farr as the estate they receave into theue hands reach vuto ; also for all debts ouing by the sajd Caruithen, or w' else may justly be challenged from the ouners of the sajd shipp, that so the estate of the ouners and M' Caruithen may not suflFer by theire defects. Ans' to wid- In ans'' to the peticon of Mary Carter, and Thomas, Samuell, and Joseph,
petico ^^'^ sonns, the Coiut judgeth the way propounded is best for the good of the
grand childi'en, and therefore are willing that tenn pounds be deliuered to each of the parents of the legatees, with the proportion of the price the acre of land is sould for, they giving securitje to the execcutors to pay the widdow for her life what shallbe aequall, and to the child of each of them according to the will.
Capt. Jeani- Wee, wliose names are vnderwritten, being appointed by the last session
laid^out to ^'^ °^ ''^^^ Court to lay out the two hundred acres of land graunted vnto Cap? Jean- EdmondEice. jgQ^ yj^j^Q Edmond Rice, the purchaser, doe heereby testify, that wee haue lajd it out accordingly on the 27 of the G"* ifi last past, and is bounded vppon the east nere Water Tonne bounds, vppon the west partly w"" ]M' Dunsters ffarme, vppon the south it points neere Dedham bounds, vppon the north it Ijeth nere the bounds of Sudbury, w'^'^ the Court approoves of.
SYMON WILLARD, JNo SHERMAN.
[*156.] *Wee, whose names are vnderwritten, being legally chosen by our tonnes.
Redding way ^^ virtue of a Couit Order, to lay out the countrje way betwi.xt Redding and Winnesemett, and having vejwed the sajd wajes, wee aphend it most con- venjent to be as followes : from Redding Toune through Maiden bounds, betwixt the pond and John Smiths land, and so by the east side of M"' Joseph Hills land to New Hocles Hole, and so in the old way by the Cowpeu, and thence along on the east side of Thomas Coitmorcs lott, by Ell Pond, in the old way, to Thomas Lynds laud, then through his first feild, and so by the
THE MASSACHUSETTS BAY IN NEW ENGLAND. 177
feild by his howse, from thence in the old way by y^ meeting howse through Stony Swampe, from the roade there vpp betwixt Richard Addams & John Vphams lotts into Charles Toune bounds, through WiUjam Johnsons & Rich- ard Dexters land, into the way by the south spring, and so on the south side of Whittamore Howse into lAP Bellingham laud, into the way that goeth to the ferry, the sajd way to be fowre pole broad in good ground and six or eight pole, &(5, where neede req^uires. 30 : 6 m", 1653.
Signed,
TIP MARSHALL, JN° ■ SMITH, JN° SPRAUGE. Y« act of which comissioners the Court approoved of.
In ans' to the petioon of Christopher Gibson, Michaell Willis, Jn" Far- Courts ans- to nam, and George Davis, in behalfe of the rest of the new church in Boston, V "'" "''"''' for the taking away an injunction of y- County Court forbidding them to' 'veti^T"" proceede to call or ordajne ISI'' Powell to office amongst them, the Magis'^ deny that any order was made by them absolutely to forbidd the new church in Boston to call M^ Powell to office, but only to the office of pastor or teacher, for either of which two sajd offices this Court cannot but judge M-- Powell to be vnfitt, nor cann they consent thereto, becawse they are not sattislied that he hath such abillitjes, learning, and qualliffications as are requisite and neces- sary for an able minister of the gospell, whereby he might be able rightly to divide the word of trueth, and be able to convince gainesayers ; besides the vnsuitablenes of theise times complying w"^ such vnsound tcnnents as now abound for the subvertion of an able ministrje. They conceave the church may call M'' Powell to the office of a ruling elder amongst them, and then they may enjoy all the ordinances of Christ saue the sacraments, which they are supplyed with in the church of Boston ; and theire wajting till the Lord shall send in to them an able minister of the gosi^cll they hope will not be in vajne, but maybe conducing to the peace and comfort of themselves, and to the toune and countrje also, who is much concerned therein.
Itt is ordered, that ^ Heyden, of Brauntrje, shall haue five Heidens gratu-
pounds pajd him this yeare by the Treasurer towards the keeping of his dis- "•'^' tracted sonnc, as in tjmes past.
In ans-- to the peticon of M' Symon Bradstreete and Capt Thomas Wig- Ans'to M- gin, M^ Samuell Winsly is appointed to joyne with Elder Nutter insteed of ^'^'^'^'^^^ &^ Thomas Canny, who hath lost is sight, to lay out the land graunted to them peti5on^'^^'"' by this Com-t, on Quamhiggin Riuer, according to y'' graunt. VOL. IV. PAKT I. 23
178 THE RECOKDS OP THE COLONY OP
16 53. In ails'" to y<" petliToii of INI"" Bradstrcet, in behalf of himself & M"' Jn°
' ~ y Woodbridge, Iklajor Dennison, Tho Dudley, Jii° Dudley, Samuell Danforth,
'^^° Johnson, & W™ Parks, execcuto''^ of y" last will of Thomas Dudley, Es^,
Bradstrcet, & deceased, desiring that the parents or guardjans of the children to whom y® eseccutors of mi i
M' Dudley will sajd M' Dudley gave vVatertoune mill haue power to sell or dispose of it for (peticon.) yj ^^^ ^|. |.j^g heires, the Court graunts theirc request.
[*157.] *Wee, whose names are herevnder written, being appointed by the hon-
Andouer high- nored Court to lay out the countrje highway from Andever to Redding, haue
way to Read- ing, thus agreed to follow the cartway from Andouer to Nicholas Holts farme, leav- ing his howse about a quarter of a mile on the left hand, and so in a streight Ijne south, or ncere south, to the falls of Ipswich Riuer, according to the marked trees, and so from the riuer vjipou the like streight Ijne, to the heade of a meadow called the Great Medow, and so vppon the same Ijne, ouer the snjd meadow, to the sawemill in Eeading, and from thence through the comon come ffelld to the meeting howse, leaving the lot of Josias Dordin on the right hand and Zackary Fitts his lott on the left hand ; and wee agree that the sajd way shall be fower rodd wjde at the least in all places except through the coinon ffeild at Redding, and there not to be lessc then two rods. M' Andrews & This Coiirt doth appointe M"' Samuell Andrcwcs & Jonas Clarke, of Cam- ona ar e -[ji.jjjTg with all convenient speede to finde out the place vppon the sea coast
to rune y« lyne ^ ' ■*■ lit
of 0' patent on -where the vtmost bounds of our pattent is, and there to erect some marke or
Y" sea coast.
heape of stones at the place, and runne the lyne forty rods into the countrje, east and west, par ilell to the lattltude, and to make rctourne vpj)on oath before the Deputy Gouernor, or any other inagis'% which is to be entred by the secretary ; and for theire i^ajnes and skill in this worke, the Court doth ap- pointe Cap! Gookin to make agreement w"^ them, which agreement the Treas- urer is hecreby appointed to pay accordingly, and the former order in reference to this worke w"" M' Ince & Sarj' Sherman is heereby repealed. Ans' to M' In ans"^ to the petiGon of M'' Emauucll Downing, itt is ordered, that M""
Dounings Samuel Winsly, W Thomas Bradbury, and W'" Eastow, they or any two of
petioon. •"
them, M' Winsly being one, shall and heereby are appointed and authorized to lay out the f;irme of six hundred acres formerly graunted him, (in sattis- faceon of fiffty pounds heeretofore payd and layd out by him for the countrje,) on the further side of the riuer, neere to Doner bounds, being cleere of all graunts. CoUedge This Court, being informed that the present condicon of the colledge at
comittee. Cambridge calls for supply, doe order, that Cambridge rate for this yeare, now
to be collected, be pajd into the steward of the colledge, for the discharge of any debt due from the countrje to the sajd colledge ; and if there be any
THE MASSACHUSETTS BAY IN NEW ENGLAND. I79
oiierplus, to be and remajuc as the collcdge stockc ; and for fuitlier clearing and setling all matters in the colledge in reference to the yearely maintenance of the praesident, ffellowes, and necessary officers thereof, and repayring the howses, that so yearely complaints may be prevented, and a certajne way setled for the due encouragement of all persons concerned in that worke, doe hereby appointe il"" Increase Nowell, Capt Daniell Gookin, Capt Jn" Leueret, Capt Edward Jn°son, and INP Edward Jackson, or any three of them, to be a coinittee to examine the state of the colledge in all respects, as hereafter is expressed, M'' Nowell to giue notice of the time and place of meeting. 1. Fu'st, to take accompt of all the incomes of the colledge proffitts arising due to the officers thereof, either by guifts, revenewes, studdjes, rents, tuitions, cofnencemcnts, or any other proffitts arising due from tjme to tjme, as neere as may be, since the president vndertooke the worke.
2. To examine what hath binn pajd and disbursed, either for buildings, repayings, or otherwise, pajd and receaved annually for the maintenance of the praesident, ffellowes, and other officers thereof.
*3. To consider what hath binn yearely receaved by the praesident out [*158.] of any of the incomes and proffitts, for his oune vse and majntenance, (as neere as convenjeutly may be,) euer since he came to the place of praesident ; also what allowances yearely haue binn made to the ffisllowes and other officers.
4. To weigh and consider what maybe fitt for an honnorable and comfort- able allowance annually, for the praesident, heretofore and for the future, and how it may be pajd heereafter.
5. To consider what noumber of fellowes may be necessary for carying on the worke in the sajd colledge, and what yearely allowance they shall haue, and how to be pajd.
6. To direct some way how the necessaiy officers, as steward, butler, and cooke, maybe provided for, that so the schoUers coiuons may not be so short as they now are occasioned thereby.
7. To take cognizance of all and euery matter or thing concerning the sajd colledge, in reference to the welfare thereof in outward things, and to present a way how to regulate and rectify any thing that is out of order.
8. To examine what somes haue binn, and of late are, pmised by seuerall tounes and persons for the vse of the colledge, and to giue order for the coUectjon thereof, and propose a way how such monjes may be improoved for the best bennefitt of that society for the future ; and this coiiiittee are heereby authorized av"' full power to act in all the premises, and to make retoume of
180 THE RECORDS OF THE COLONY OP
1653. what they doe to the next Court of Election, to be confirmed, if they shall
^" *■ ' judge meete.
„. , , jgj In aus' tcr the petition of ISI"' John Newgate, the Court declares, that
p" 206. what euer o-oods of the iietiooners were intermixed w**" his sonnes, and man- P" 26. ° . . . .
Ans'toM' naged by him, and legally forfeited through his default, ^ is but just that the
Newgats lawe take place, especially it being donne in such a season as it was ; but if the
peticon. ^ i ^ >j
peticoner haue had any of his goods taken illegally out of his warehouse, or otherwise, he may haue his remedy against those that haue donne him wrong, in a legall way. Ans' to cap' of In answer to the request of Cap? Richard Davenj)ort, itt is ordered, that
y as esmo- ^-^^^ Treasurer shall sattisfy and pay the secretary, Edward Rawson, for the barrell of powder he had of him, & was spent at the interring of Thomas Dudley, Es^, both for price and pay, according to a former agreement made with the secritary, out of this next countrje rate now levying. Courts graunt This Court doth graunt to ISI'' Symon Bradstreet and M"' Samuell Symonds
B Tu *t & ' ^^^ hundred acres of land apeece, to be lajd out to them when they shall M' Symons. present the place, according to lawe, free from other graunts ; and is in refer ence to theire service donne for the countrje at Yorke, Kittery, &S.
The coiiiission graunted to the Coui-t at Springfeild by this Court is re- newed for one yeare more.
Itt is ordered, that the servants of both howses shall haue twenty shil- lings allowed them each howse for theire attendance on the Courte. [*159.] *Itt is ordered, that Capt Tho Wiggin and Majo"" Gennerall Dennison,
Who to keepe yfth ]\^jr Dm^gr and M' Cleoments, associates for the county of Norfolke, shall
y County ri t
Courts at Nor- keepe the next County Courts at Hampton and Salisbury for this yeere.
*^°"^''" Itt is ordered, that the Deputy Gouernor, M'- Hibbins, M' Glouer, and the
Comittee to __
pvse y lawes. secretary, ]\I'' Hills, or any two of them w"^ the secretary, shall be a comittee
to examine the lawes that past this Court. Old booke to Itt is ordered, that the secretary shall take care that the old booke of
be transcnbe . j.gp^Qj.^jg ghallbe fairely written out, for which he shall haue sattisfaccon by the
page, as the Coiut allowes. Coniissioners A bill of charges for the expences of the coiiiiissioners going to and
WeuT&c^ coming from Wells, &5, in July last, being presented to this Court, of twenty allowed. eight pounds thiiteene shillings & three pence, the Court allowes thereof, and
orders the Treasurer to make sattisfaccon for the same out of the next levy,
it being for mony lajd out.
R
THE MASSACHUSETTS BAY IN NEW ENGLAND. 181
Ati a Gcnncrall Court of Eleccons, held at Boston, the 3d of 10 54.
May, 1654. ' ^ — '
3 May.
ICH: BELLINGILIM, Es^", was chosen GoQii^ & tooke Hs oatli ac- [*160.]
cordingly.
Jn" Eudecott, Es^, was chosen Depu' GoQ', & tooke his oath accordingly. M' Increase Nowell, M'' Symon Bradstreete, M' W-" Hibbins, M"^ Samuel Symonds, Capt Robert Bridges, Cap? Tho Wiggins, Capt Daniell Gookin, Major Daniell Denuison, Major Symon Willard, Capt Humphry Atherton, M'^ Edward Eawson was chosen Secritary. M"' Richard Russell was chosen Treasiu-er, M'' Symon Bradstreet
• were chosen Asistants, and tooke theii-e oathes.
^ ^ ,„ -r^ , I were chosen Comissioners for the Collonies.
Capt W"" Hauthorue, J ■*
Major Dennison & y'^ Dep' GoQno'", in reserve.
The names of such as were retourned from the seuerall tounes to serve at this Gennerall Court as Deputjes are as foUowetli : —
Salem : M' W"" Broune, M"^ Henry Bartholmew.
Charles Tow : M' Rich Russell, Capt Frauncis Norton.
Dorchester : Left Roger Clap, M"' Ju° Wisewall.
Boston : Capt Tho Sauage, Capt Tho Clarke.
Roxbuiy : W AV^ Parks, M-- Phillip Elliot.
Water Tonne : M"' Rich Broune, M'^ Ephrajm Child.
Lynn : James Aixey.
Cambridge : M"^ Edw: Collins, M'' Edw: Jackson.
Ipswich : M"' George Gittings, M' Joseph Metcalfe.
Newbery : M"^ Jn" Saunders.
Welmouth : Tho Dyer.
Hiugham : Capt Josh Hubbard, Ensig Jef Houchin.
Concord : Majo' Symon Willard.
Dedham : Capt Eliazer Lusher.
Salisbuiy : Thomas Masy.
182 THE KECORDS OF THE COLONY OF
Hampton : Anthony Stanjon.
Rowley : Joseph Jewett, Maximilljan Jewett.
Sudbury : Edmond Rice.
Biauntry : Samuell Basse.
Doner : Cap? Rich Waldernes, M'' Vallentjne Hill.
Portsmouth : Cap? Brjan Pendleton.
Woobourne : Capt Edward Johnson.
"Wenham : M"' Charles Gott.
Hauerill : M"^ Jn° Cleoments.
Maiden : M'^ Joseph Hills.
Kittcry : Lef ! Ju° Wincoll.
Yorke : M"^ Edw: Rushworth.
Wells : Hugh'Guunison.
M"' Richard Russell was chosen Speaker for this session.
[*161.] *Itt is ordered by this Court, that henceforth the secretary shall, within
The lawes to tcnn dajes after this present sessions, and so from time to time, deliuer a copie
be printed.
of all lawes that are to be published vnto the president, or printer, who shall
forthwith make an jmpression thereof, to the noumber of five, six, or seven
hundi'ed, as the Court shall order ; all which coppies the Treasurer shall take
of and pay for in wheate, or otherwise, to content, for the noumber of five
hundred, after the rate of one penny a sheete, or eight shillings a hundred for
five hundred sheetes of a sorte, for so many sheetes as the bookes shall con-
tejne ; and the Treasurer shall distribut the bookes, to euery magistrate one,
to euery Court one, to the secretary one, to each toune where no magistrate
dwells one, and the rest amongst the tonnes that beare publicke charge w*
the juiisdiccon, according to the noumber of freemen in each toune ; and the
order that jngageth the secretary to transcribe coppies for the tonnes and others
is in that respect repealed, this Court allowing him tenn pounds this yeere
only, in respect of w' bennefit hcereby is w"'drawne fi'om him.
Comittee about And it is further ordered, that ^1" Samuell Symonds, Majo"" Dennison, &
e awes. -^^^ Joseph Hills shall examine, compare, reconcile, and place together, in good
order, all former lawes, both printed and written, and make fitt titles and tables
for ready recourse to any particular conteined in them, and to present the same
vnto the next Court of Eleccbn, to be considered of, that so order maybe
taken for the printing of them together in one booke, whereby they be more
vsefull then now they are or cann be.
Education of Forasmuch as it greatly concernes the welfare of this countrjc that the
youths. youth thereof be educated, not only in good litterature, but sound doctrjne.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 183
this Court doth therefore comeiid it to the serious considoratjou and spcciall care of the ouerseeres of the colledge and the selectmen in the seuerall tonnes, not to admitt or suffer any such to he contjnewed in the office or pLace of teach- ing, educating, or instructing of youtii or chikt in the colledge or schooles that haue mannifestcd themselves vnsound in the faith or scandalous in theire liues, and not giving due sattisfaction according to the rules of Christ.
Yppon observation of many and great inconveniencjes by this Courts Time of entry taking in of peticons which are presented from tjme to tjme, not only in the "! Gcnn" r**!!" begining but often tjmes towards the close of the Court, itt is therefore Court, ordered, by this Court and the authoritje thereof, that from henceforth no petiGon vvhatsoeuer shallbe received into the Genuerall Court, after the first fower dajes of the Court of Election, nor after the first weeke of all other sessions, from tjme to tjme, any lawe or custome to the contrary notwith- standing.
Itt is ordered, that no pson whatsoeuer in this jurisdiccon shall henceforth Clarke &
mar-
beare or mannoge both offices of clarkc and marshall in one Court. teln one p°on
Whereas, in the coinissions for captajnes of troopes of horse, the capt is officers of subjected to the coiiiand of tlic majo'' gennerall and other superior officers, bv '»'"'^''''»''J<'<='<"1
■*■ ' -^ to y« majors of
* superior officers,' this Court declares to be vnderstood the majo''s of the seu- y' regiments. crall regiments in the respective countjes.
*Forasmuch as the countrje is in debt, no stocke in the treasury, no [*163.] meanes at present to raise any, so that workemen cannot be procured to finish Reparation of
tliG C&stle
the Castle, w"^*" yett is necessary forthw"" to be donne, itt is therefore ordered, that the millitary companjes of the twelve next toiuies, viz., Hull, Hingham, Weimouth, Braintree, Dedham, Dorchester, Rocksbury, Charles Toune, Cam- bridge, Water Toune, Maulden, and Woobourne shall, in Icjw of theire fower next trayning dajes, allow three dajes at the Castle, this soiTier, to be ordered for theire tjme of attending that service, place of working, and the noumbers to be jmplojed at one tjme by the coiiiittee for the Castle, viz.. Major Edward Gibbons and Capt Humphry Atherton, who, together w"' the chcife millitary officer of the company implojed, shall order and direct theire seuerall im- plojments, and that all the rest of the companjes in this jurisdiccon shall allows for euery souldjer in theire respective companjes fower shillings and sixepence, to be jmplojed & iniprooved about or vppon the sajd Castle, for v,-"^ they shallbe exempted from theire fower next trayning dajes, (Boston only to be excepted,) whom this Court concludes will not suffer any of theire neighbo''^ to exceede or a;quallize them in this kinde, they having this spring bestowed & expended much for the fortifying the toune of Boston.
Whereas experienc hath manifested some inconvenience in the interpre-
184
THE KECORDS OF THE COLONY OP
1654.
■ — 1 — ■
3 May.
Difficult cases jipci- to y cog- nizance of the Gennerall Court.
[*163.]
All dues be- loii2:ing to y coxinty to be entrcd into a booke.
All fines jm- posnd by ma- gis** or coiiiis- sio" to be p^ into the county treasury.
tacon of the lawe, title Appeales, the second printed booke, page 1, wherein it is expressed that all appeales shallbe accompted in the natiue of a writt of error, ■which is vnderstood to intend the revoaking the whole judgment of the former Coiut, though but a parte of it be found only defective, and so thereby a pson and case, which, in respect of the substance of it, is just and righteous in itselfe, and in the apprehencon also of the judges appealed vnto doth so appeare, yett maybe cast and condemned, and the nocent party acquitted, to the dishon- nor of God, reproach of justice, greiving the innocent, and incouraging wrong doers, the Court doth therefore order, that in all cases of appeales the Court appealed vnto shall judge the case according to former evidence, and no other, rectifying what is amisse therein ; and where matter of fact is found to agree w"" the former Court, and the judgment according to lawe, not to revoake the decree or judgment, but to abate or increase damages as is apprehended to be just, any lawe, cnstome, or vsage to the contrary notwithstanding.
Forasmuch as dayly experience tells vs that the proceedings of this Courte are constantly obstructed through the introducing of seuerall particcular cases of a private nature, the worke of this Courte being propperly to attend mat- ters of a more publicque concernment, this Court doth therefore order, that no Court shall transferr the cases coming before them, *propper to the cognizance of such a Court, whither they are civill or crjminall ; but if there be difficulty in any case, the Court shall state the question, leaving out the partjes names, and bring it to the Gennerall Court, where it maybe resolved ; and the Court or Courts that shall so state difficult cases shall suspend theire judgment of the case till the Coiut doth meete againe ; which Court, vppon the resolution of the Gennerall Court, may proceed to judgment or sentence.
For the better settling of all county charges and proffitts, that all com- plajnts in that kinde maybe remooved, itt is ordered by this Court and the authoritje thereof, 1. First, that the recorder or clarke of any County Court w"^in this jurisdiccon shall enter in a booke of accompts for that county all the dues arising w"'in the cognizance of that County Court, by entring of actions, fines, or otherwise, and also a true accom^it of all the expences of the Court and the ffees of the officers. 2. That all magistrates and coiiiissioners that haue power to jmpose fines w^'in the Ijmitts of theire respective countjes and tounes shall give warrant vnto the marshall of that county, or couustable of that toune, where such magistrate, or coiiiissioner, or delinquent shall reside, to levy such fines as shallbe so imposed, who shall also faithfully pay in the same to that county Treasurer, and likewise that such magistrate and coiiiissioner shall also give in a true transcript of all such fines as they shall, according to the power comitted to them, impose vppon any person, to the clarke of such
TIIE MASSACHUSETTS BAY IN NEW ENGLAND. 185
County Court, from tjme to tjme, that so there maybe a true accompt kept 1654. of all the proffitts & expences arising w"'in the county. 3. That the ffreemen '^ '
of each county shall choose a Tresiu-er for theire county annually, vppon the „, . , last third day of June, from tjme to tjme, in theire seuerall tonnes w"'in this county
Treasurers. jurisdiccon, and that by proxie, sealed vp, as is vsuall in the choice of other
officers, and that the sajd proxies, so sealed, shallbe sent by a coiiiissioner,
chosen for that end, to each sheire tonne the next day fFollowing, there to bo
opened before some magistrate, if dwelling there, or in defect thereof before
the three coinissioners for the sajd toune, who shall and hereby are injoyned
to signify to the seueral tonnes who is chosen.
4. That the clarke of the County Court, w^'in fowerteene dajes after Clarks to cer- euery Court, shall deliuer to the Treasurer of each county a true transcript ^^^^ If ^ji ^^"^ out of his booke of all fjnes and dues payable to the county. '""''■' i* ''"J^^-
That all the charges of County Courts and sheire comissioners, w"" all All charges of other peculiar county charges, shall be pajd by the county Treasurer, except- j^ J^^. jefraje/ ing the twenty pounds due to the majo" of the county for the yeare of his ^y '■^^ county. publicke exercise, which the countrje Treasurer shall pay as heeretofore.
6. That the county Treasurer shall once cuery yeere present his accompt County to the County Court, and if there be not enough in his hand to sattisfy the j^g annuali chai'ges aforesajd, peculiar to the county, the County Court shall give liim a '"=co«>pts. warrant for the levying the areares of the county vppon the Avhole county, by a county rate to be levyed vppon each toune and pson, except such as are rate fi'ee, in proportion w**" the countije rate next before going, and to be gathered by the counstable of each toune, who is heereby injoyned to attend the same.
*7. That all fines and dues any otherwise arising w^'in the cognizance [*164.] of the Gennerall Court or Court of Asistants, the secritary or clarke of the ■*" ^°''^ """
posed to be cer-
Court shall in like manner retourne a true transcript thereof to the auditor tified to the gennerall, to be pajd into the countrje Treasurer.
That the country Treasurer shall sattisfy all the charge arising w'^'in the cognizance of the Gennerall Court and Coui't of Asistants that is not yett determined by any foimer lawe.
9. That euery Treasurer, whither for the countrje or county, w"'in one Fines to be
levyed w"'in
weeke after the receipt of a transcript of any fine or poenaltje, payable to his one weeke. office, shall direct his warrant to the marshall of that countje, or any coun- stable, for the levying thereof.
That no officers, whither secritary, treasurer, recorder, marshall, or con- PoDnaltje of
o^&ccrs neglect
stable, neglect his duty, heereby enjoyned, vppon poenaltje of making good of all the damage that shall come thereby.
VOL. IV. PART I. 24
186 THE KECORDS OE THE COLONYf OF
1 G 5 4. That the conntrje Treasurer, and each county Treasurer, for his pajnes
'^ ^ and service in collecting and paying in theire respective places, shallbe ratefree,
„ . .' both in couutrje and countje rates, and take one sliilling in the pound for all
f^es. lines received by him.
Charles Touue Vppon information of the great inconviencjes to diuerse inhabitants, by
Court dayes. j^eanes of the vnseasonable weather that vsually hath attended the tjme of the Court at Charles Toune, itt is ordered by this Court, that henceforth the Court dajes at Charles Toune appointed in January shallbe on the third day of the last weeke in December, from tjme to tjme, any thing in the sajd order notw"'standing.
Comittee of Vppon occasion of a qunestion concerning the power of coiiiittes of militja
miiitjai" ^^^ j,j^g seuerall tonnes, constituted 27 of May, 1652, itt is by this Court de-
powers to sup- ' J ^ ' J
presse levying clared, that the coiiiittee of militia in the seuerall townes hath power to suppresse
of souldjers,
&c. all raising of souldjers but such as shallbe by authoritje of this gouernment.
Further tjme to There being a coiiiittee appointed the last yecre for the auditting of the
Treasurers Treasurers accompts, which is not yett effected, by reason the counstable of accorapts. ^j^^ seuerall tonnes haue not yett cleared theire respective rates, itt is there- fore ordered, that further time shall be given for auditting the sajd accompts, vntill what is yett remayning vnpajd from the countrje be brought in, pro- vided it be donne before the next session of this Court, and a due retourne made of the same at theire next sitting. Ans' to Maha- lu ans'' to the pcticou of Mahalalel Munnings, attourney for his father,
Edmond Munings, the Court judgeth meete that the wharfe of George Halsall, w^all the rights and priviledges therevnto belonging, be deliuered into the hands of the sajd Mahalaljell Munnings by the marshall, vntill the whole ex- ecution of thirty seven pounds odd niony be fully sattisfied out of the profKtts of the sajd wharfe, together w*''all damages and forbearance, according to lawe, or the sajd Halsall shall take some other way for the sattlsfaction of the debt. "Itt is ordered, that the fifth day of this month be sett apart for the hear- ing of all ciuill or crhninall ^ wherein the Magis'* & jury did not agree. [*165.] *The Court, on pvsall of the retourne of the coiiiittee appointed to con-
Courts aj)ba- sider of eolledge buisenes, doe judge that the tenn pounds brought in vppon
tjon of y« _ i- • 1 • i- 1
coraittees re- accompt by the president of the eolledge, for his care and pajnes for these "ii'T '^""'^ ^ twelve yeeres last past, in looking after tlie affaii'es of the eolledge, in respect of building, repayring, or otherwise, be respitted till this Court take further order therein ; and that the contributions and subscriptions lately given in, or which sliall heereafter be given in by seuerall tonnes and persons, together w"^ all other stocke appertayning to the eolledge, shallbe coiuitted to the care and trust of the oucrseeres of the sajd eolledge, Avho haue heereby power to
lr.ljcll Mun- nings peticon.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 187
give order to the treasurer of the colledge to collect the seuerall subscrip- tions & contributions which arc or shallbe heereafter due from tjnie to tjme ; and ill case of non-pajmcnt thereof, that it be secured by the seuerall tonnes and psons, so long as it shall remajne vnpajd, and the produce of it to be pajd to the sajd Treasurer, and to bo for the maintenance of the president and ffel- lowes, and other necessary charges of the colledge, and the seuerall yeerely allowance of the sajd president & fellowes to be proportioned as the sajd ouer- seers shall determine concerning the same.
In ans' to the peticon of M' Jn° Mauericke, the Court, on the pvsall of Answ to Jn» the evidences of Moses Mauericke & George Coruin, that howeuer the bill of petiEon. sale runns in the name of James Astwood, yet it was only in trust for the vse of Jane Mauericke, wife of the sajd Jn", doe therefore judge it meete to im- power W™ Phillips to canccU that deed, and orders the recorder of the county to reverse the reccord of it ; and further orders the sajd W" Phillips, having been pajd for the howse & land in y° peticSn menconed, to make a firme deed of sale thereof to the sajd Jn" ]Mauericke and his heires foreiier, according to lawe.
In ans'' to the peticSn of the inhabitants of Hampton, the Court doth de- Courts ans' to
« 1 1 T/r Hampton pet.
clare, though they are not willing to recall those vncomiortable ditterences jespcc' M' that formerly passed betwixt this Court and M'^ Wheelwright concerning mat- ^^ hceiewnght, ters of religion or practise, nor doe they know w' INI"" Rutherford or M"' Wells hath charged him w"", yett judge meete to certify that M'' Wheelewright hath long since given such sattisfactlon both to the Court and ciders gennerally as that he is n\DW, and so for many yearcs hauc binn, an officer in the church ol Hampton, w"'iu our jurisdiccon, and that w"'out offence to any, so farre as wee know, and where, as wee are informed, he hath binn an vsefull and proffitable instrument of doing much good in that chiu'ch.
In ans' to the peticon of Anthony Fisher, desiring the remittment of y* Ahs' to
,,,..., Antho Fishers
fine y^ law imposeth on him for his neglect of seasonable bringing m the votes ^^^
of Dedham to y" sheire tonne, it not being wilfuU, the Court judgcth it meete
to abate all y' fine, excepting twenty shillings, besides the pajmcnt of tenn
shillings for his peticon.
In ans"" to the peticon of y"^ selectmen of Watertoune, as also of the pe- Ans' to Water-
, , , Toune peti-
ticbn of Xtopher Graunt & other inhabitants, the Court doth order and ap- j^^^ pointe Majo'' Simon Willard, M"^ Edward Jackson, & M"^ Thomas Dauforth, as couiissioners, to meete at Watertoune, w"" full power to heare, consider, and determine the matters in difference betweene the partjes menconed in the pe- ticons, and to set such order therein as to them shall seeme just and fequall, and make retourne of theire order or agreement therein vnto the next sessions of this Court.
188 THE RECORDS OP THE COLONY OP
12 May.
[*166.J
12:3:
1654. *Iii fills'" to the coniplajnt of Robert Lord, marsliall of Ipsulcli, presented
to this Court in reference to the levying of an execution graiinted at Ipswich
Court to ^i' Jn" Gj^ord, against the estate of M'' Jii" Becks & Company, of
the iron works, the whole Court, voating together, did determine and resolve,
Contradicen- that Robert Lord, marsliall of Ipswich, did proceede legally in levying the
^^ r.^n^"j,"j personall estate of M"^ Henry Webb, of Boston, by virtue of his execution.
linghara, Esq', jj^^ {]^g gg^gg pf Robert Lord, marshall, & Jn° Merrja'n, in reference to the
GoU ; Increase
Noweil, w» land sometjmes Nathaniell Boulters, w* came to the Gennerall Courts cog- Brid^esTho nizaiice by course, the Magis'^ not receiving the verdict of the jury, the Court Wiggin, Dan- ^q([^ iudare that the marshalls execution, and that by virtue thereof his interest
iellGookin, •> ° _ > J
linmpiiry on the behalf of the countrje, was legall, and doe therefore declare, that all for-
AthertoTi, . . ^, , , iii'iri
Rich. KnsscU ^''^^r judgments m any Court ought to be reversed, aiiji the title oi the sajd Tho. Sauage, ]\j[arian shall be made good. The Court graunted Robert Lord his bill of costs,
Roge'Clap, J o o )
Tho. Macy, being three pounds five shillings & 4'*.
Edw. Rush- The Court, vppon hearing of the case betweene Robert Lord, marsliall.
Child '■Tho''' ^"'^ ^^'^ Webb, vppon the quasstion, whither M"" Webb be such an owner or
Clarke, W» vndertaker of the iron workes as makes his pson or psonall estate Ijable to the judgment of Ipswich Court against the sajd ouners or vndertakers, tlie C'oiirt
14-3 54 voted it on the negative.
Cap' Jn»sons In. ans"^ to the request of the inhabitants of Woobourne, Capt Edward
comission to Johnsoii is appointed & impowred to marry such at Woobourne as shall be
marry. So. '^ '■ '^ •'
duely published, & otherwise fitt to joyne in marriage, according to lawe. Left.Pomfretts In aiis"" to the request of the inhabitants of Doner, Left W"" Pomfrett is
comissio. appointed and authorized to marry such at Doner as shalll)o ducl^^ published,
& otherwise fitt to joyne in marriage, according to lawe.
M' Parks power AVhereas 51' W™ Parkes was appointed by a County Courte to be admin-
concM'Ast- Jsti-ator to the estate of James Astwood, (his widdow refusing the same,) did, woods estate. ^ ° j y ;
by order of the sajd Court, make sale of all the howses and lands the sajd James Astwood died heere possessed of, to pay the credito'', vpjion his request to this Court, it is ordered, that his sajd acts heerein shall be good in lawe, and is heereby confirmed and allowed, which shallbe sufficyent seciuitje for the purchaser of the sajd howses and lands. Joseph Jewel ^^ ^'i^' to y^ request of Majo"" Daniell Dennison, itt is ordered, that M"'
& Lef Rim- Joseph Jewett, Leftennant Jn° Rimingtoii, and Ensigne Ilowlett, or any two
ington to lay ^ ' o > D ' .'
out Major Den- of them, shall and hereby are appointed and impowred to lay out the sixe
nisons farme. , , , n t ■, t ■ /-, ^ - 1 nr • -r^ •
hundred acres oi land tins Court graunted to y' sd JNlajo'' Dennison, m y* yeere 1651, to him or his assignes, adjoyning to the westerly bounds of Rowley.
In ans' to y' peticon of W™ Mills, desiring the remlttment of the fine
THE MASSACHUSETTS BAY IN NEW ENGLAND. Jgg
the lawe imposeth on him for giving votes for the Gouerno'^, on his acknowl- 1 G 5 4. edgment of his fault, the Coui't judgeth it meet to abate him the one half ' ' "" thereof, viz., five pounds. ,, ^^'
' ' ^ W" Mills to
*In ans'' to the peticon of the inhabittants of Lancaster, itt is ordered, P^X 5" f«r giv-
1 1 • 1 1 • !• r 1 ft • (• ing in votes for
that the inhabitants of Lancaster haue those hbertjes of a touneship that the y Goiino'. lawes allow, vntill the Gennerall Court take further order therein; and that [*1G7.] Lef! Goodeuow and JVP Thomas Danforth lay out the bounds of the said ^'^"'^■''ster
bounds to be
touiie according to the Courts graunt, at the townes charge, and make retourne lajd out. thereof vnto tlie next Court of Election.
In ans'' to the peticon of W™ Page, of "Watertoune, desiring that the Page his assur- lands he purchased of Susan Simson, now Parkhurst, w"*" he hath sattisfied for long since, for the releiveiug of the Sd Susan & hir chikb-en, during hir widdowhood, itt is ordered, that a deede of sale be made according to lawe of the land, in y' peticon expressed ; and that George Parkhurst & Susan, his •wife, signe & acknowledg the same, and that the sajd deede be recorded, •which donne, shallbe a sufficyent assurance vnto the peticoner.
In aus"^ to a peticon of Hugh Gunnison, and the case respecting him and Courts judg- Cap? Shapleigh and the late Court at Yorke, itt is ordered and hereby de- Gunnisons & clared, that all Hugh Gunnisons goods shallbe returned to him, taken a-way by .^"i"'' ^''^P'
° ° ' J ■> leighs case.
execution or replevin, at Cap? Shapleighs suite, and the damage and costs shall be made good, according to the judgment of Capt Richard Waldcrne and Wy Valentjue Hill ; if they cannot agree, they are to choose a thirdman, and then to determine it ; and that any person concerned in any civill action issued in the sajd Court shall haue libertje of appeale as well as if it had binii made in Court, provided they give in theire reasons as the law requires, and giue sixe dajes suiiions to the aduerse pty ; and all proceedings in criminall cases shall stand firme, a-quall to the acts of all other Courts of judicature of like power, any exception whatsoeuer, made or to be made, against the sajd Coui't or the proceedings thereof notwithstanding ; and that the county of Yorke shall beare the charges of that Court.
In the case about Capt Jacobsons bark, w"*" was refered by y® County Capt. Jacob- Court to this Courts determination, after the Court had vejwed the evidences fejted. it was put to the question, whither the sajd barke be forfeited by our law for trading Avith the Dutch, and not giving caution to the secritary on her sayling from thence ; itt was resolved on the affirmatiue.
The Court, having read and diiely considered of the seuerall papers and Courts judg.
. . .J ment in the
letters presented to them m reierence to tlie prizemen, doe not judge meete to case of the put a fiuall issue to tlie case for present, in regard they are in expectation of P"scmen. further information in the same, both from England and Berbadoes, and doe
190
THE RECORDS OF THE COLONY OF
1654.
Y
14 May.
Answer to Hamptons peticon.
16 May. Indians land confirmed to Tho. Danforth.
[*168.]
Dorcas Halls diuorce.
Ans' to Jn»
Chenys
peticon.
Hulls deed to White con- firra'd.
Ans' to Lawrence Smiths peticon.
Ans' to
Vnderwoods
peticon.
tlierefore judge, that vppoii the tender of a thousand pounds a peace securitje^ to such as the magistrates shall appolnte, to ans'' what shallbe objected against them before the counsell or Gennerall Court, when they shallbe therevnto re- quired, they may then be free from theire imprisonment ; this securitje to con- tjuew till this Court or the counsell shall take further order therein.
In ans'' to the peticon of the toune of Hampton, the Court, vnderstandiug that the case is depending by way of appeale -vnto the Court of Assistants, judge meete that it be left therevnto.
This Court allowcs y" Indians deed of sale of y" land formerly given them by this Court vnto Thomas Danforth, being eighty acres, as in y" deed appeareth, date 16 : 3 m°, 54.
*In ans'' to the peticon of Dorcas Hall, desiring a divorce from hir hus- band, Jn° Hall, who is gonn from hir, &d, the Court, finding it fully proved that Jn" Hall hath voluntarily w^'draune himself from Dorcas, his wife, and contjnewes in his obstinate refusal to cohabit w"' hir as his wife, and hath broken the bonds of wedlocke, as by his oune confession, attested by ^I'' W"' Coddington & W'" Jeofferjes, w"^ the oath of Lawrence Turner, the Court judgeth it meete, that the sajd Dorcas shallbe, & hereby declares that shec is, legally diuorced from the sajd Jn° Hall, and is at hir libertye to marry w"' any other man.
In ans'' to the peticon of Jn" Cheny, itt is ordered, that the hearing of the case be referred to that session of the Court which shallbe in the end of summer, the partjcs concerned therein not being heere to attend the issue of it now, and that, vppon the request of any in reference to the case, the secri- tary shall giue warrants to call in any ptjes or wittnesses which canu giuc evidence therein.
In ans' to the peticon of Jn° Hull & INIargaret, his wife, there being sufficjent testemony appearing to the Court that the evidences of the land menconed in his peticon, sold to Jn° White, were by providence of God burned, the Court judgeth it meete, that the deede of sale for the house and land shallbe made good, & by this Court confirmed vnto the sajd John White and his heires for eu.er, according to the desires of the psons concerned therein.
In ans'' to the peticon of Lawrence Smith, the Court declares, the peticoner hath his libertje to bring his cause to the County Court or Court of Assistants, if he see meet, judging it not propper to the cognisance of this Court.
In ans"^ to the peticon of James Vnderwood, desiring remittment of y* fine the Court of Salem imposed on him for living heer w*''out his wife, &(3,
THE MASSACHUSETTS 13AY IN NEW ENGLAND. 191
the Court judgcth it mcctc to rcspit the fine, and referr the examination of the 1654. testemonies to Salem Court, who hauc heereby power to remitt or abate the "^ ^
. . 11,- UMay.
fine in whole or in pt, as the justice and a3C[uity of the case shall require.
In ans"" to the petition of the inhabitants of Eoulcy, the Court declares, Ans' to Row that the petioncrs, as also the inhabitants of Ncwbcry, ought to attend and psecutc the order of Court concerning pambulation, wherein if the partjcs concerned agree not, then the party greived may releive themselves at the County Court.
Ill ans'' to the peticon of Edward GofFe, itt is ordered, that the Treasurer Ans' to shall & hereby is desired & impowered to treat w"^ the sajd Goffe, and audit pj,t;joQ_ the accounts, and accordingly give satisfaction for what shall be found clue to him.
In ans'' to the peticon of Jn° Ruddocke, desiring sattisfaccbn for his Ans' to Jn» pauies & imployment of his horse on y° countjes service to Couecticott, itt is peticon. ordered, that the peticoner shall haue, vnder the hand of Capt Leuerett or Left Davis, what is due to him, and what his bill, being signed by the auditor, it shall be pajd by the Treasurer.
*In ans'' to the peticon of the inhabitants of Hauerill, the Court, on hear- [*169.] ing of both partjes, doe judge it meete to order and appointe Henry Short, of Ans'toHauer- Newbery, Joseph Jewett, of Rowley, and Jn" Steevcns, of Andevor, as a coinittee to vejw the land, examine the Courts graunts to Hauerill and Salis- bury, the agreement of the tounes, and the necessary occasions of both partjes in respect to the land menconed in the peticon, and to retourne theire ap^- hencSns thereof to this Court.
An account concerning a whale taken at Weimouth being presented to Order a" y this Courte, itt is referred to the auditor gennerall to pervse the accompt, and examine what is due to the countrje, all charges being deducted, and orders that what vppon examination shallbe found due, the countrje shall haue one third pte, the toune of Weimouth another third pte, and the finders the other third pte.
In ans'' to the peticon of Jn" Barrell, itt is ordered, that ||Vai || Jn° Whit- sj' Barrdis & man shall be allowed fewer shillings a day for his paines & vse of his horse in ^ "■' ^
o J ^ J recompence.
y' journey he was implojed in for the countrjes service to the Narrowgansetts, and that Sarjant Barrell & Saijant Rich Wajte shall be allowed three shillings p each day for theire paines in that service, the auditors appointed to take notice of it, that so it may come to an accompt to the coUonjes.
In ans"' to the peticon of Jn° Ottis, the Corut judgeth it meete to remitt Ans' to Ja" all the fine that was imposed on the peticoner, except thirty shillings, twenty '^ ^^ '°°"' whereof to belong to the countrje, and teun to the counstable, so as the peticoner.
192
THE KECORDS OF THE COLONY OF
1654.
|
14 May. |
|
Tho. Robbins |
|
refer' d to |
|
Salem Court. |
Ans' to M' Elljotts peti- con in refer- enc to the Indjans. Nashoba, &c*.
Ans' to W" Wakes peti- con,5i' to be p* p'sently.
Ans' to M" Stoughtons petiCou,
[*170.]
M' Symonds lands, 800 ackers, to be lajdout, lie.
Ans' to Greys petiCon.
on a Lords day after exercise, or on some piiblicke assembling of the congre- gation, make like full acknowledgment of his miscarriage, as he hath in this peticon, by word or writing ; or otherwise, shall pay w^'in one sixe weekes five pounds, a fine to the countrje.
Itt is ordered, that Thomas llobbins, bound to this Court & coiTiitted to the marshall, shallbe referred to the County Court of Salem, to be trjed for his entertayning of two of the prise prisoners after theire escape out of Boston prison, for five dajes, that so such obstructors of justice may not be encouraged for future tjmes.
In ans'^ to the peticon of M"' Jn" Elliott, on behalf of seuerall Indians, the Court graunts his request, viz., liberty for the inhabitants of Nashop & to the inhabitants of Ogkoontiquonkanus, and also to the inhabitants of Hasuem- esuchoth, to erect seuerall Indjan tounes in the places profiounded, w"" con- venjcnt accoinodacbn to each, provided they pjudice not any former grannts ; nor shall they dispose of it w'^'out leave first had & obtajned from this Court.
In ans'' to the peticon of W" Wake, desiring the rcmittment of the fine Imposed on him for not going home to his wife, itt is ordered, that all his fine shall be abated him to five pounds, which he shall pay forthwith.
In ans"^ to the peticon of M''^ Elizabeth Staughton, the Court judgeth it meet that in regard the riuer at Naponsett is hard and passable for horse or cart to passe through, the peticoner be injoj'iied only to make and maintajne a good fibote bridge w"" a good rajle to it, ouer the sajd riuer, any former engage- ment notw*standing.
*Whereas this Court hath graunted vnto M'' Samuel Symonds five him- drcd ackers of land the last yeere, & three hundred ackers formerly, w* pro- viso to sett vp a saw mill w"'in seven yeares, as by the records of the Court doth appeare, power is heereby giuen to John Gage, Robert Lord, Jn° Dane, and M"' Daniell Epps, or any two of them, to lay out the same in some free place beyond Merremacke Riuer, provided no part thereof shallbe w'^'in fiue miles of the meeting howse of Exiter. And it is further ordered, that if the sajd Samuell shall rather desire to haue his land lajd out by or neere vnto Majo"" Dennisons land, which this Court hath ordered to be lajd out by En- signe Howlett, Joseph Jewet, and Left Rimington, or any two of them, power is heereby given vnto the sajd coiSissioners to lay out his full quantity there, or so much of it as he thinks meete ; and the proviso cone the saw mill is taken of.
In ans"" to the peticon of Jn" Gray, gunner at the Castle, the Court judg- eth it meete to allow the peticoner, for his service in that place for the time past, at the rate of twenty pounds p annu, and leave it to the capt of the
THE MASSACHUSETTS BAY IN NEW ENGLAND. 193
Castle, for the future, to make an agreement w"" a gunner, so that it exceede 1 G 5 4. not twenty pounds p annu. " f "^
14 May
In ans"" to the peticons of y* -widow Elethrop, Hush Smith, and Jn° Pick- . erd, the Court, on a hearing of the case, and other considerations, doe graunt Ellethrope &
Jn" Pickcrds &
the probate of the will of Thomas Ellethrope vnto the psons named in the petie. •will, provided they give securitje unto this Court that in reference to the power menconed in the sajd will, that the eldest sonne shall haue twenty eight pounds, and the three youngest children twenty pounds a peece, there being so much cleere estate remayniug after the widdowes thirty povmds and all debts hitherto appearing deducted ; but if the cleere estate shall rise to more or fall short of one hundred and twenty pounds cleere estate, then it to be sequally distributed amongst the fower children.
Whereas wee haue certajne intelligence that seuerall shipps are on the sea. Order to y
. . capt. of y^
coming to vs, whom we haue cause to looke at as our freinds, & therefore, Castic, respect.
though they should come in together, (w"'', were they not freinds, might justly S'vmg notice
occasion the capt of the Castle to giue the signall for raysing an alarmm,) itt ^c.
is therefore ordered by this Court, that the cap? of the Castle be alwajes
in a readjnes to man out a boate for discouery of any such ships as may ap-
peare in due tjme, and vppon certajne knowledge that they are freinds, then
to forbeare to give the signall of alarmm ; but if otherwise, to act according
to his comission, any thing in any former lawe to the contrary notw"*-
standing.
*The pouder formerly graunted to Charles Toune in the yeere 1650, in [*171.] reference to saluting of sliipps, itt is ordered, shallbe deliuered vnto Capt ^"""J" ^'t'' to
o If ' > 1 Charls Toune
Frauncis Norton, in steede of Majo'' Sedjuke, who is absent. to salut ships.
The Masris'% not receiving^ the verdict of the iury in the case of Daniell Courts judg-
m* in
Gunne & Alise Cheater, on suspition of adultery, it came of coui-se to this Gunn& Court to be determined. The Court, on pvsall of the deposicons in the case, and examination of the sajd AKse Chater, now accused for coiuitting of adultery w"" Daniell Gunne, they doe not find them to be guilty of the fact according to lawe ; but finding hir guilty of much shamefuU and vnchast be- havioiu-, sentence hir to be seriously admonished, and to stand tjed ^ the whipping post, at least one hower, and then discharge hir, that shee may repaier home to hir husband ; and that the sd Gunne, when he is recouered, & is capable of it, shallbe whipt. The Court, vnderstanding that there is some hope of cure for y^ sajd Gunne, who, tho he hath binn very sinfuU in his life, and now a miserable object, yett judge y' C*'tian charitje should be ex- tended by the countrje for his preservation, doe order, that M'' Lunerus be
VOL. IV. PART I. 25
194 THE RECORDS OP THE COLONY OF
1654. iinplojed for his cure, and sattisfied by the Treasurer for the present, and after ■ r — ' -vyards the charge to be cast on such as this Court shall determine.
^^' The Court havincr receaved seuerall informations of many grosse and
Courts judg- °
ment to bring abusive miscarriages of Edward Colcord, in a seeming way of fraud, which to a triaU, &c. (if prooved as intended) ought to be duely & tjmely wittnessed against, and meete punishment inflicted, and because this Court would not be wanting the vse of all due meanes for the discoverje of such vile practises, itt is or- dered, that the secretary shall forthwith graunt out attachment against the sajd Edward Colcord in the sum of fifty pounds, binding him to be responsaU to the next County Court at Hampton for such miscarriages as is w'^in mencbned, and shall then be proved against him ; and for that end this Court doth heereby appointe and impower the recorder of the County Court at Hampton, by war- rant, to send for all such partjes as haue proffered to proove the w'Mn men- coned abuses of Edward Colcord, and such other as he shall be informed of cann come in & testify against the sajd Colcord ; and in case that Court cannot reach to due punishment, then to make theire retourne to the next Court of Assistants of what they shall finde, that so due justice may be administered. Courts ans' to In ans'' to the peticbn of Hampton, Salisbury, Newbery, Haverill, & An-
Hampton, devor, subscribed by seuerall in each toune, this Court cannot but deepely re- Salisbury, 'J ^ r J
Newbery, gent that SO many psons of seuerall tounes, condicons, & relations, should
Haverill, & i • o i i i i
Andevor peti- combjne together to p'sent such an vnjust & vni-easonable req^uest as the revoak- '™- iug the sentance past the last Court, ag' Left Eobt Pike, & the restoring of
him to his former libertje, w"'out any peticou of his oune, or least acknowledg- ment of his great offence, fully prooved against him, which was no lesse then defaming this Court, and charging them w"' breach of oath, &(3, w"^"* the peti- coners call some words lett fall by occasion. The Court doth therefore order in this extraordinary case, that INI"' Bradstieet for Hauerill & Andevor, Capt Wiggins for Hampton, Capt Gerrish & Nicho Nojes for Neubery, & M' Winsly & M"' Bradbury for Salisbury, shall & heereby are appointed coinis- sioners to call the sajd peticoners in the seuerall tounes together, or so many of them at a tjme as they shall thinke meete, & require a reason of theire vn- just request, & how they came to be induced to subscribe the id peticon, & so make theire retourne to the next sessions, that the Court may consider how to pceed further therein. [*172.] *The whole Court mett together to consider & determine at present w*
further to doe in the case betweene the coiaissioners for the yndertakers of the iron works & M'' Gyfford. Itt was put to the quaestion, whither this Court will at present heare the case betweene the coinissioners of the iron works & M' Gj-fford ; itt was resolved on the negative quaes?, whither the
THE MASSACHUSETTS BAY IN NEW ENGLAND. 195
case of the coiuissioiicrs for tlic vndertakers of the irou workes & M'^ Gyfford, being referred to this Geunerall Court by the County Court, whither this Court •will accept of the cawse as referrd or not. The Court resolved on the negative.
Itt is ordered, that the foureth day next come seven night shall be sett Day of humili
. ■■. ation.
apart & kept as a publicke day of humilliatiou thro out our jurisdiccon.
Itt is ordered, that the honnored Gouernor, the secretary, Capt Clarke, and M'' Hill, or any tlii-ee of them, shallbe a coinittee to pvse & vej-w the laws past this session, according to former order. At the same tjnie, it was put to the quaestion, whither the former auditors be desired & impowered by this Court to finish the auditting of all the accompts betweene M"' Gyfford and the comissioners for the iron works, with as much speed as they cann. The Court voted it on the affirmative, and orders, in case of refusal, the County Court to appoint some.
Itt is ordered, that if the seuerall tounes shaU not w*'^in one sixe weekes Secretarys
, , „ . , » , . , . ~ allowance for
send doune sunicjent pay to the secretary lor theire seueral proportjons oi pou- pouder pro- der out of this jurisdiccons proportion now in his hands to his content in "dedfor. wheate or pease, he shall liaue liberty to sell it, and place it to the colonjes accompt, & that the secretary, w"^ the depu'= of Boston and Charlestoune, shall proportion w' each toune may have.
The Court is adjourned to the seventeenth of October next.
J^ a Gennerall Court, held at Boston, 9"' of June, 1654, hewig
called by the Goulio'.
THE Gennerall Court having receaved & pervsed a letter from his highnes. Courts ans' the Lord Protector of the commonwealth of England, Scotland, and Ire- ^J^^^^^^^^ land, full of grace and favorable respect to this colony, which they desire to letter, keepe in gratefull remembrance, and shall be ready at all tjmes wherein they may w'*" safety to the libertye of theire consciences, publicke peace, & welfare, to theire vtmost attend his highnes pleasure, this Court therefore declares, that tho they vnderstand that this colony is not in such a capacitje as may be apphended to send forth such noumbers of men as might vigorously asist in that vndertaking, yet doe freely consent, and give libertje to his highnes coinissioners, Majo' Robert Sedgwick and Cap? Jn" Leueret, to raise w^^in our jurisdicc5n to the noumber of five hundi-ed voluntires, furnished w^^aU necessary accoinodacon to asist them in theire enterprise against the Dutch, provided the psons be free fi-om legall engagements.
196
THE RECORDS OP THE COLONY OF
1654.
9 June.
[*173.]
Y" order re- specting agree- ment w'"^ the printer not to be printed.
Comittee to draw vp ans' to y Protectors letter, &c.
Court judg- ment in y« prisemens ease.
*Vppoii conference w"" M"" Dunster and the printer, in reference to the imprinting of y' acts of the Gennerall Court, whereby wee vnclerstanci some inconveniencjes may acrew to the printer by printing that law w"^*" recjtes the agreement for printing, itt is thei'efore ordered, that the sajd lawe be not put forth in print, but kept amongst the written reccords of this Court.
Itt is ordered, that M' Symon Bradstreete, M' Samuell Symonds, and Majo"^ Daniell Dennison shallbe a comittee to drawe yp seuerall letters, to his highnes the Lord Protectors letter, y letter for y* gent" of y" corporation, & M"^ Winslows, as also to drawe up a narrative, in way of remonstrance, of all matters respecting that which is charged on this Court concerning the breach of the confcederacy, for the vindication of this Courts actjones in such respect. And itt is heereby further ordered, that the place of meeting for the comis- sioners shallbe at Ipswich, the twentjeth day of this present June, and the secretary is heereby required either to send or delluer the origlnall copf»ies of all orders and writings that are on reccord, or are in his hands, ptinent to the matters aforesajd, to one of the sajd coinissloners before the sajd tjme. And the coiulssioners are heereby desired, when they haue finished the ans'^ and narrative above menconed, to give notice thereof to the Gouerno'^, that so he may call the Gennerall Court to vejw and approove of them, that so they may be sent to England by the first optunltje. Cap? Hauthorne, y" Treasurer, M"' Joseph Hills, and Capt Johnson are appointed to doe the like, & to haue the like helpes ; the Treasurer to appoint y'^ place of meeting ; the time to be y* thli-d of July next.
The Court judgeth it not convenient to sltt at this tjme to heare the prisemens case, becawse it will expend much tjme to reade and heare all writtings ptinent in it, and matters not being fully ripe for a hearing vntill the case of the shlpp be determined in England, and doe therefore referr it vntil the next sessions of this Court, and, in the meane tjme, that all the sajd psons be released out of prison, vppon theire oune bonds, the cheifest of them giving a thousand pounds bond a peece, and the other five hundred pounds bond a peece, provided all theire knoune estate be secured in the marshalls hand in the county where it is found, excepting so much as may be for necessary majntenance, and this sequestration to contjnew in force vntill the case concerning the sajd prismen be fully determined.
This Court ordered a letter to be sent to each jurisdlccon of our confced- erates, which was in ans' to theire letters receaved in May Court, w"^** was donne accordingly, and Is in y" book of letters.
In ans"^ to a writing p>sented to this Court by M' Hemy Dunster, where- in, amongst other things, he is pleased to to make a resignation of his place as
9 Jane.
THE MASSACHUSETTS EAY IN NEW ENGLAND. 197
praesident, this Court doth order, that it shall be left to the care & discretion 16 54. of the ouerseeres of the coUedge to make provission, in case he persist in his resolution more then one month, and informe the ouerseers, for some meete pson to caiTy an end that worke for the present, and also to act in whateuer necessitje shall call for, vntill the next session of this Court, when wee shallbe better enabled to setle what shall be needfuU in all respects in reference to the colledge, and that the ouerseers *will be pleased to make retoiu'n to this [*174.] Court at that tjme of what they shall doe heerein. This Court was dissolved 12 June, 1654.
Mt a Gennerall Court, called especially hy the Governor to receave 22 August. the Corhittees Retourne in reference to an Ans" to the Lord Pro- tector's Letter 8f other Letters, begimn y" 22"' August, 1654.
ATT which Court seuerall letters w-ere agreed vppon as answers to his highnes the Lord Protectors letter, as also to the honored corporation, and to M"' Winslows, all w"^*" are in the booke of records for letters.
Itt is ordered by this Court and the authoritje thereof, that the lawe Trade wti> y« made in May, 1653, prohibitting trade with the Dutch, be henceforth ^^J^ repealed.
For explication of the order concerning payments, it is by this Court Lawe for pay- ordered and declared, that all contracts or engagements for money, come, catle, or fish shall be sattisfied in kinde according to couenant, or, in default of the very kind contracted for, in one of the sajd kinds ; provided, that in such cases wherein payment in kinde is not made according to couenant, all just damages shallbe sattisfied, together with the debt, for not paying in kinde according to bargaine ; and in no case shall any creditor be forced to take any other coiuoditjes for sattisfaction of his debt, vuless it be accord- ing to his contract, but it shallbe lawfull for such creditor to imprison the partje till he make sattisfaccon according to couenant, or to take vppon execu- tjon such goods, howses, or lands as shallbe to his sattisfaction, any lawe, custome, or vsage to the contrary notwithstanding.
Itt is ordered by tliis Coiu't and the authoritje thereof, that no inhabitant of this jurisdiccon, or straunger, shall from henceforth send, carry, or trans- l^ort out of this jurisdiccon, directly or indirectly, by sea or land, any of the niony that hath binn or shallbe cojned ■w^^'in this jurisdiccon, except twenty shillings for necessaiy expences, on the poenalty of confiscation, not only of
198
THE KECORDS OP THE COLONY OP
1654.
22 August. Peter Oliuer searcher for money.
[*175.]
penalty for exporting y« countrjes cojne.
Prohibition for transporting of eheepe.
No sheepe vnder 2 yefir to be kild by butchers, on pocnalty of 20".
such money so cojned, but also all the visible estate of him that shall any way be found sending or exporting any of the cojne aforesajd, one third whereof shall be to the vse of the informer, or officer, the other two thirds to the coun- trje. And that this lawe may be duely observed and executed, Peter Oliuer and Jn° Barrell for Boston, Jacob Greene for Charles Toune, George Wil- Ijams and Samuell Archer for Salem, Eobert Lord for Ipswich, Henry Rice for Sudbury, Henry Sherborne for Piscataque, and Hercules Haukins for *the He of Shoales, are heereby appointed and authorized as scrchers, to examine and search all psons, vessells, packs, truncks, chests, boxes, or the like, that shallbe transj)orting out of this jurisdiccbn, and finding any mony, shall seaze the same, and forthwith informe the next magistrate thereof, who shall issue out his warrant for the present seazure of the whole vissible estate of the partje so transporting contrarj' to this lawe, for the vse of the coiiionwealth and partje seazing or informing, as is above exprest. And itt is heereby further declared, that all such masters, marriners, or other persons that shallbe found to be privy or consenting to the exporting of any of the cojne aforesajd out of this jurisdiccbn, he or they shall, for euery such offence, forfeite the soiue of twenty pounds a peece, to be to the vses aforesajd ; and the sajd serchers are to take the oath for searchers, only, insteede of halfe, a third pte to be inserted, and to certify the next magistrate insteed of the auditor ; and in all other tounes the cunstables are, by theire oathes, bound to see to the execu- tion of this order.
Whereas this countrje is at this tjme in great streights in respect of cloath- ing, and the most likeljest way tending to our supply in that respect is the rajsing and keeping of sheepe w*''in our jurisdiccon, it is therefore ordered and enacted by this Court and the authoritjc thereof, that after the publicatjon lieere- ofj no person or persons whatsoeuer shall transport any yeoes or ewe lambes out of this jurisdiccon to any forraigne port or place, vppon the pocnalty of the forfeiture of five pound for euery ewe or yeo lambs so transjjorted, the one fowerth parte to the informer, and the other three parts to the countije ; pro- vided, this order shall not hinder the selling of such sheepe to any of the other collonjes in confccderatjon with vs ; they, vppon due notice given by our coiuissioners, making a lawe to this purpose, to restrajne transporting of sheepe out of theire respective jurisdiccons. And itt is further ordered by the authoritje aforesajd, that no ramme or weather lambs shall henceforth be killed by any butcher or other person, except by the keepers or masters of sheepe, for theire oune particcular occasions, vntill they shallbe two yeeres old, on pocn- alty of twenty shillings a lambe, the one half to the countrje and the other halfe to the informer, till this Court take further order therein ; this order to be
THE MASSACHUSETTS BAY IN NEW ENGLAND, 199
presently published by a drume In the markett place at Boston, and posted vp 16 5 4.
in some publicke place, which shallbc sufficjent publicatjon in this case. *~ '' "^
Itt is ordered, that no person w'^n this iurisdiccon shall, directly or indi- ,, ',
' r J > J Mault not to
rectly, after the first of March next, import any mault into this jurisdiccon be imported.
from any part of Europe, or shall buy or receive any brought in by any for- remer from the parts aforesajd, vnder the pcenaltje of twelve pence for euery bushell that shallbe so imported, bought, or received, the one halfe to the in- former, the other to the coiiion treasury.
The Court also agreed on a letter as an ans'' to the letters sent from Conecticott and New Hauen, w'^'" is on reccord in the booke of letters.
*Forasmuch as it highly tendeth to the advancement of the gospell that [*176.]
the ministers thereof be comfortably maintained, and it being the duty of the Provission for
ministers civill power to vse all lawful! meanes for the attayning of that end, and that majutaiaace.
henceforth there may be established a settled encouraging majntenance of min- isters in all tonnes and congregations w^'in this jurisdiccon, this Court doth order, that the County Court in euery shire shall, vppon information given them of any* defect of any congregation or touneshipp w"'in the shire, order and appointe w' majnetenance shallbe allowed to the ministers of that place, and shall issue out warrants to the select men to assesse, and the connstable of the sajd toune to collect, the same, and to distrejne the sajd assessm"' vppon such as shall refuse to pay. And it is heereby declared to be our intencon, that an honor''''' allowance be made to the ministrje respecting the abillitje of the places ; and if any toune shall finde themselves burdened by the assess- ment of the County Court, they may complajne to this Court, w"^*" shall at all tjmes be ready to giue just releife to all men.
Itt is ordered, y* all and euery of the inhabitants of this jurisdictjon that Poenalty for haue any of the books in theire custody that haue lately binn brought out of gieton& ° England, vnder the names of Jn" Reeues & Lodouick Muggleton, who pre- I'eeves book?. tend themselves to be the two last wittnesses and prophetts of Jesus Christ, w*^** are full of blasphemjes, and shall not bring or send in all such bookes now in theire custody to the next magistrate, shall forfeite the soine of tenn pounds for euery such booke that shall be found or knoune to be in the hands of any inhabitant after one months publication heereof, one halfe to the informer and the other to the countrjc.
This Court doth heereby declare and order, that it shallbe in the Ijbertje Capt. Ather- of Capt Humphrey Atherton to transport or keepe his sheepe out of this juris- keepesheepe dicCon, on Martjns Vinyard or Natuckett, he pforming the lawe now made *''• about sheepe in other respects, on the pccnalty therein exprest.
Whereas the Lord our gratjous God hath lately bestowed seuerall pub-
22 August. Day of thankS'
200 THE EECORDS OF THE COLONY OP
16 5 4. licke mercjes vppon our deare native countije, in ans'' to his peoples prayers, and therein ourselves haue had a deepe share, the sence whereof wee doubt not lyes vppon the harts of all that love and feare God, ingaging them to a giving. thankful! & publicke acknouledgment thereof, to the glory of his name, who
is the fountajne of all good ; the particulars whereof are : —
1. The happy vnion & peace made betweene England and the Vnited. Pvinces after so sharpe a warre, therein binding vpone peace also.
2. The hopefull establishment of gouernment in our native countrje in that way, and in those of whom wee haue great cawse to expect, through the
[*177.] strength of our God, that the Lords kingdome and people willbe *cherrished, the peoples libertjes preserved, and the peace of the nation setled.
Thirdly, the Lords crouning this yeare w"^ his goodnes, in the blessings of the earth, although the spring was more dry then ordinary, and some threats of great rajnes this harvest.
4thiy_ Xhat the Lord, in answer to our prayers, hath prevented a threat- ning warre, and lengthned out our peace. Itt is therefore thought expedient by this Coiut to sett apart the 28"^ of the seventh month next as » day of pub- licke praise and thankfuU acknowledgment for theise mercjes, coiiiending it to all the churches and faithfull in the laud, to celebrate the high prajses of our God, and desiring the Lord gratiously to affect all our harts w''' and in Christ Jesus to accept of this service.
This Court was dissolved 25* of August, 1654.
19 of October, M a Geiinerall Court, held at Boston, the 18'^ of October, 1654.
1654.
Present, Rich Bellingham, Es^, Gofln'', Capt Robt Bridges,
Jn° Eudecot, Es^, Dcp' GoQ, Cap? Tho Wiggins,
M' Increase Nowell, Maj'' Symon "Willard,
M'' Symon Bradstreet, Capt Humphry Atherto,
M' Sain Symons, & the deputjes retou'"n.
WHEREAS experjenc gives vs cause to complayne of much disorder in tjme of publicke ordinances, in the meeting howses, in seuerall con- gregations in this jurisdiccon, through the vnreuerent cai-riage and behaviour Order to p'vent of diuers young psons, and others, notwithstanding the best meanes that haue
5?phanation of ii-cir ^ i} • '
y .s;ibnath in biuu hitherto vsed in the sajd assembljes for the reformacon thereof, itt is howse.*""^ therefore ordered by this Court and the authoritje thereof, that it shallbe in
THE MASSACHUSETTS BAY IN NEW ENGLAND. 201
the liberty of the officers of the congregation, and the select men of such 1 G 5 4. tounes together, to nominate some one or two meete psons to reforme all such """ '^ ' disordered persons as shall offend by any misdemenor, either in the congre- gation or elswhere, neere about the meeting house, either by serious reproofe, more private or more publicke, or other the like warning, and meete correction of the magistrate or coiiiissioners of that toune judge meete ; and wee are not doubtful! but the reuerend elders of the seuerall congregations, according to theire wisdome, will so order the tjme of thcire jiublicke exercise, that none shall be ordinarily occasioned to breake of from the congregation before the full conclusion of publicke exercise.
Whereas uppon to much exprejence, itt is apparent, and also it is much To prevent complayned of as a cawse of much and just greivance, that the Indians, through yejujiaug the excessive and abusive drinking of wine and strong licquors, are frequently ouercome, and thereby guilty of s-svj'nish drunckennes, w'^'' ofttimes they at- tayne by some such of the traders as to much affect and regard theire ouue proffitt, this Court, taking knowledge thereof, and judging it to be theire duty not only to beare wittnes against such a sinfuU practise amongst the uatiues, but also to vse such meanes as the Lord putts into theire hands to restrayne the same, doe therefore order, and by the authoritje of this Court be it enacted, that no mailer of person whatsoeuer of this jui-isdiccon, except such, as are in this order expresly named, shall sell, contract, or trucke, directly or indii-ectly, by themselves or others in theire behalfe, either wine or strong hcquors of any sorte, kinde, or name, at any time, or vppon any pretence what- soeuer, to any Indian or Indians, vppon forfeiture of the soiiie of twenty shil- lings p pint to the coiiiou treasury, and according to that proportion for all quantitjes more or lesse. And itt is further ordered, by the authoritje aforesajd, Psons licenst
. to sell wine &
that in the county of Suffolke, M"' John "Wisewall, of Dorchester, Capt Eliazer strong Uquors Lusher, of Dedham ; in the county of Midlesex, Thomas Brooke, sen, of Con- ° ''* ° J^°'' cord, and W" Condrey, of Reading ; in Essex, W™ Moody, of Newbery, and John Fry, of Andevor ; in Norfolk, Roger Shawe, *of Hampton, and Henry [* 178.1 Palmer, of Hauerhill; in Yorkshire, W'^ Pomfrett, of Douer, and Edmond Littlefeild, of Wells, are heereby impowered and ordered to sell wine of any sort and strong licquors to the Indians as to theire judgments shall seeme meete and necessary for theire reliefe, in just and vrgent occasions, and not otheruise ; provided, that the sajd psons so impowered, nor any theire as- None to sell
1 11 n -I T T T 1 • • aboue 1 pint
signes, snail sell or deiiuer to any one Indian more then one pmte at one tjme, ^g ^^y one vppon any pretence whatsoeucr, which persons so named and empowred as " ^^°' abouesajd are advised, and heereby required, so to mannage this case, wherein they ai-e entrusted, w"" that care, heedfullnes, and dilligence, that to the vttmost
VOL. IV. PART I. 26
18 October.
202 THE KECORDS OE THE COLONY OF
1 G54. of tlieire power this sinful! and offenciue abuse maybe reformed. Also, itt is ordered, that no person shallbe heereafter empowred and intrusted heerein, except such only as shall particularly be allowed of by the Gennerall Court. Judgm" or ex- Whereas there is a great abuse in selling of judgments and executjons,
r^B Id " '^^^ ^'^ altering the propriety of them before they be sattisfied, or goods seazed, whereby great inconveniencyes may arise, as experience hath prooved, this Court doth therefore order, that after the end of this session, no person shall sell, alienate, or assigne any judgement or execution whatsoeuer ; and if any shall presume to act contrary to this order, his sale, assignement, or alienation shall be vojd in lawe, and in case the partje dye after the judgment, before he hath taken out an execution, or before sattisfaction be received, his executor or administrator shall take out or renew the execution, as the testator himself might haue donne. Comissioners Forasmuch as the three coinissioners for smale causes in the seuerall
o e m en- jg^j^gg -^ythjjj (.j^jg jurisdiction liaue great power of judicature, as by seuerall former orders appeares, the excercise whereof being of great concernment both to tonnes and countrje, this Court doth therefore order, and be it heereby en- acted, that henceforth there shallbe none admitted to be a comissioner for any toune w"'iu this jurisdictjon, but such whose conversaoon are inoffencive, and whose fidellitje to the countrje is sufficijently knoune and approoved of by the Countje Courte of that sheire. Coffiittee to Itt is Ordered, that Capt Savage, Capt Lusher, and M' John Wisewall
take y« freas- gi^^i^jg ^ coinittee to examine the Treasurers accounts iiiiediately after the
urers acco'. •'
breaking vp of this Court, that so the accoumpt maybe published for the coun-
trjes sattisfaction.
The coionjes The Court, having pervsed and seriously considered the agreement of their
reraion. coinissioners at theire last meeting at Hartford, as to the ending of all former
differences and offences betwixt this government and the rest of theire confocd-
erates, doe ajiproove thereof, and consent thereto, proffessing theire resolution to
act accordingly, and therefore doe order, that letters be sent to the other three
Gennerall Courts, to certefy the same.
r* 179.1 * Whereas this Courte, in May last, ordered and appointed each souldjer of
4' e^ to be seuerall of the tonnes within this jurisdiccon to pay fower shillings sixe pence in
levjed of each ,.,_ .-. ., • /• i rt ^ • i ^
souldjer for re- l^i*^ °f lower trayning dajes, towards the rejjaire of the Castle, as m that order paire of y« more ffully appeares, the Court, finding that worke to be much vnder delayes, for want of some meete person to be appointed for the gathering thereof, or, vppon refusall of payment, to leuy the same by distresse, itt is therefore ordered by the authoritje of this Court, that the coiuistables of euery such toune where theire souldiers are to pay shall and heereby are impowred and required forth-
THE MASSACHUSETTS BAY IN NEW ENGLAND. 203
with to demaiind and receive of euery souldjer in such company the sajd some 16 5 4. of fower shillino-s sixe pence, and, on refusall or neglect, to levy the same by '~^~^^~~~'
° *■ , . 18 October.
distrcsse, as in other cases ; and they are heereby required speedily to send in what they shall receive vnto Boston, and dcliuer it to Majo' Gennerall Edward Gibon and Capt Humphrey Atherton, or theire assignes, who are appointed a comittee to order the sajd repaire of the Castle therewith, the charges and adventure of such pay as shall be so sent to Boston to be allowed out of euery such payment.
Forasmuch as, notwithstanding the great care this Courte hath had, and Lawe ag«
drunckenes in
the lawes made to suppresse that swinish sinne of drunkennes, and yett persons prWate howsea,
addicted to that vice finde out wajes to deceave the lawes provided in that
case, for the better preventing thereof itt is ordered by this Courte and the au-
thoritje thereof, that none licensed to sell strong waters, nor any private howse-
keeper, shall permitt any person or persons to sitt drincking or tipling strong
waters, wine, or strong beere, in theire bowses ; and if any such seller of
strong waters, or private house keeper, shall be legally convicted before
any Countje Courte, any one magistrate, or Coiuissioners Coiu'te, such
person shall, for the first oflcnce, be fined twenty shiUings ; and if the partje
so convicted be not able to pay his fine, he shall be set on the stockes, where
he shall continew one whole bower ; and if any such seller of strong waters
shallbe convicted as aforesajd of a second oiFence of the same nature, he shall
forfelte his licence, and shall also pay twenty shillings as a fine to the coinon-
wealth ; and if any private howsekeeper shallbe convicted as aforesajd of a
second offence against this lawe, he shall pay a fine of five pounds ; and for the
third offence, such person or persons, being so convicted, shall be bound to
theii-e good behaviour in twenty pounds bond, w"^ two sufficijent suretjes, or
be coinitted to prison.
This Court, finding great inconvenience in the vncertaintje of theire Connstables to
retourne who
members and the noumber thereof, doe therefore order, that from henceforth ^re chosen
the counstables of each toune shall retourne the name of the person or persons ^'^J/^^'' * ''"
chosen by the freemen to be deputjes for the Gennerall Courte, and the tjme
for which they are chosen, whither for the first session or the whole yeare ;
and euery counstable that shall faile in this his duty shall forfeite the some
of twenty shiUings, to be pajd to the comon treasury ; and all psons so chosen
as aforesajd, accepting thereof, which shall be absent from the howse during
the tjme of theire sitting, without just grounds, so judged by the house, shall
pay twenty shillings a day for eueiy such default, and the seuerall retournes
of each connstable shall be kept on file by the clarke of the Deputjes, vntill
the Court be ended.
204
THE KECORDS OP THE COLONY OF
1G54.
18 October.
[*180.]
Some rccom- pence to y« magistrates.
Additional oiiseers of Harvard Col- ledg.
Comittee about y Castle.
Muggletons book to be burnt.
Qusestion ab' defraying
souldjers charges not implojd.
*Itt is oideicd by this Court and the authoritje thereof, that henceforth there shallbe allowed to each of the homiored magistrates "which are akeady, or which heereafter shallbe, chosen and attend the service of the country, thirty five pounds p an x um, they bearing theire oune charges in such Courts as in the order made in the yeare 1653 is in that case provided, and likewise beare Eequall proporcon of publicke charges with other men in all toune and coun- trje rates. And further, it is ordered, that, in regard the easterue parts, which beare no charge w"" vs, haiie some bennefit by the helpe of some of the hon- nored magistrates, that they shallbe Ijable to pay in yearely to the countrje Treasurer the soiiie of seventeene pounds and tenn shillings towards the chai'ges.
Whereas diners elders who were ouerseers of the colledg are taken from vs, some by death, and others gonne for England, so that there is at this tjme great need of the helpe of some other elders to supply theire places, the Courte doth order, that M"' John Allin, pastor of Dedham, M' John Norton, who now is teacher at Boston, M"' Samuell Whiting, and M"^ Thomas Cobbett, pastor and teacher at Lynn, shallbe ouerseers of the eolledge, to jojoie with the rest of the ouerseers for the ordering and disposing of such things as are req^uisite for the good and welfare thereof, —
Itt is ordered by this Court and the authoritje thereof, that Majo"" Gen- nerall Edward Gibons, Cap^ Humphry Atherton, Capt Thomas Sauage, and Capt Thomas Clarke shall hereby be deputed and empoured to be a coiiiittee furnished with ffuU power to treate and conclude w**" Captajne Eichard Daven- port, or in case he concurr not, w*'' any other man whom they, or any three of them, shall judge meete for that place, and trust to be captajne at our Castle, and to attend the service therein required by lawe ; and the sajd cap- tajne shall hier fower fitt men to be the garrison there, and to pay the sajd souldjers, provided the whole soine for sallery for the captaine and garrison exceede not one hundred and fifty pounds, and to make theire retourne to the next Court of Election.
The Court, being sencible of the great dishonnor y' dayly redounds to the great and sacred name and truths of God, by the many notorious hferet- ticall and blasphemous bookes w'^'' to frequently flye vp and doune in other parts of the world, and lately haue crept in amongst vs vnder the name of Lodouicke Mugleton and John Reeves, doe therefore order, that as many of those books as are or shallbe in custody shall on the next lecture day be burnt after the lecture, in the markett place, by the executioner, at Boston.
Itt being put to the quaestion, whither the countrjes should be liable to defray the charge of such souldjers as were vnder the late presse, & not jm- plojed on service, it was resolved on the negative.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 205
*Tlie Court, being senclble of the great charge of the countrje, and there- 1 G 5 4. fore not wilhng to prcsse vp^ion them, vnlesse in case of necessitjc, to defray ^~ '^ ' such debts as they know not how to avojd, doe therefore order, that tlie r*iQ-, Treasurer shall send forth his warrants to all tounes for a quarter ptc of the , „, „ „ „ annuall le\T, as an additjon to this yeares levy, for defraying the expense of '""'"' ''''''' '°
be added.
the late expedition.
Whereas wee cannot but acknowledg the great goodnes of God towards 140" to y his people in this wildernes in raysing vp schooles of learning, and especially feUows^f Har the colledge, from whenc there hath sprung many vsefull instruments, both '^'^'^ CoUedg. in church and coiTion-wealth, both to this and other places, and whereas at present the worke of the colledge hauc binn seuerall wajes obstructed, and scemes yett also at present, for want of comfortable mainetenance for the en- couragement of a president, this Court taking the same into theire serjous consideracon, and finding that though many propposicons haue binn made for a voluntary contribution, yett nothing haue binn hitherto obteined from seuer- all psons and tounes, although some haue donne very liberally and freely, and fearing lest wee should shew ourselves vngratefuU to God, or vnfaithfidl to posteritje, if so good a seminary of knowledg and virtue should fall to the ground through any neglect of ours, itt is therefore ordered by this Court and the authoritje thereof, that, besides the proffit of the ferry formerly graunted to the colledg, w'^'' shall be contjnewed, that there shall be yearly levjed, by ad- ditjon to the countrje rate, on hundred pounds, to be pajd by the Treasurer of the countrje to the colledg treasurer, for the behoofe and majntenance of the president and fellowes, to be distributed betweene the president and fel- lowes according to the determination of the ouerseers of the colledg, and this to coutinew during the pleasure of the countrje ; and itt is heereby or- dered, that no man shall stand ingaged to pay his voluntary contributjon that he hath vnderwritt by virtue of this Com-ts propposicon, and that such persons as haue already donn voluntarily shall be considered for the same in the countrje rate such a proportion as this addition of one hundred jjounds doe add to the rate, to be allowed by the counstable to each person, and by the Treasurer to the counstable.
Itt is ordered by this Court, that all sorts of come shall be pajd in Prize of come
the countrje rate for this yeare ensuing, at these prises following, viz. wheat and barly at five shillings p bushell, rye and pease at fewer shillings p bushell, and Indian at three shillings p bushell ; and all other things pajd into the countrje shall henceforth be apprised, according to law, as ready mony.
Vppon the examinatjon of the accounts of the capt of the Castle for
w" countrje rate.
206 THE RECORDS OP THE COLONY OF
1654. all recconings for sallerje and othcruise vnto the 29"' of the T"" m" last, 1654, the
' ^ ~^ Court finds to remajne due to the sajd capt the soiiie of one hundred ninety
.,. , ' three pounds fower shillings, w'^ soine shall be by bill presented to the audi-
Capt. Daven- tor gennerall, and by him signed, and the Treasurer shall make speedy pay- port.
ment thereof out of the countrje rate ; and whereas it appeares that there is lost
a boate, and a drume spoiled, yet it appearing to the Court that it was not
thro his neglect, & that he hath binn at further charge then he giue
account, the Court dischargeth him of y' losse, & orders y'' countrje to
beare it.
[*182.] * Whereas the clarlce of the Howse of Dej)utjes is for future tjme to beare
Clark of y° (-j^^ charge of his ounc expences for djett and lodging, which, by reason of
Dopu's sallary j .
IG" p ann. his rcmotencs of dwelling, must needs be much, this Court doth therefore order, tliat from henceforth there shallbc allowed to that officer, for his sal- lery, djett, and lodging, tlie soilie of sixteene pounds p annii, to be pajd him yearelyby the Treasurer, he giving in just accompt to the auditor gennerall of all his receipts for peticons, w"^*" he is to take in part of his aforesajd allow- ance, and this to be in full for whatcuer hath binn heertofore promised him by this Court, not only for entring the seuerall orders and acts of this Courte, but also for transcribing in a bookc all forrajgne transactioias w"' the English or other nations, as also to perfect the psent bookc he hath in his hands, w*''all the orders of the former yeares, since that booke beganru
Deputies to be Forasmuch as, according to the present forme of gouernment of this juris-
dicoon, the safety of the coiiionwealth, the right administracon of justice, the preservatjon of the peace, and puritje of the churches of Christ therein, vnder God, doth miich depend vppon the piety, wisdome, and soundnes of the Gen- nerall Court, not only [Magistrates, but Deputjes, itt is therefore ordered by this Court and the authoritje thereof, that no man, although a freeman, shallbe accepted as a deputy in the Gennerall Court that is vnsotmd in judgment con- cerning the majne points of Cliristian religion as they haue binn held forth and acknowledged by the genneralitje of the Prottestants Orthodoxe writers, or that is scandolous in his conuersation, or that is vnfaithfull to this govern- ment ; and it is further ordered, that it shall not be lawfull for any freeman to make chojce of any such person as aforesajd that is knoiuie to himselfe to be vnder such offence or offences before specified, vppon pajne or pocnaltje of five pounds, and that the cases of such persons to be trjed by the whole Gen- nerall Court.
Souidicrs 1''*' ^^ hcereby ordered, that the coinittees of the militja in the seuerall
vnd' presse to ^ounes shall forthwith discharge all such souldiers that are vnder presse.
be discnarged. o j
Majo"^ Willard, coiiiander in cheife for the Vnited Colonjes in the late
THE MASSACHUSETTS BAY IN NEW ENGLAND. 207
expeditjou against Ninnigret, being retourned, and having discharged the 1654. forces comitted to him from the colonjes, itt is ordered, that Capt W" Davis "" * ^ be required to disband liis troope of horse rajsed by tliis colony, and also the „ . „ . ' niajo'' genuerall to discharge the military watches : warrents issued out to y" disband his
troope, & maj"
j)sons abovemencbned accordingly. genu" y«
The Coiu-t judgeth it meete, on the request of Cap? Robt Hardinge, "^t'^hes
Richard Marjerom, Henry Cowes, Frauncis Bruers, Jn" Bartrum, Long, & Capt. Harding
Roger Bounty shall be releast of theire bonds to this Court for theLre contin- of their bonis.
uance in the countrje, & sequestration of theire estates.
*M'^ Jonas Clarke and iP SamueU Andrewes, both well skild in the [*183.]
mathematticks, having had the coiuand of shipps vppon seuerall vojages. North ijne of
o' pattent lajd
being appointed to take an observation at the northerly bounds of our patent out. vppou the sea cost, made this retourne, as foUoweth : Due observation taken the IS"" day of October, 1653. The place of our last observation, the altitude of the svnne Avas, according to observation and our best judgment, thirty fower degrees thirty fower minutes ; the declination of the svnne, according to cal- culation in England, eleven degrees thii'ty nine minutes ; the difference of longitude betwixt this place and England, according to oiu- best judgment, is sixty three degrees, which in tjme makes fower bowers and one fifth pai-te of an bower, which adds to our declination thi-ee minutes and 40 seconds, all which altitude, declination, and meridianall difference, being added together, doth make forty six degrees sixteene minutes forty seconds, w'^'', being substracted from ninety degrees, gaue vs to be then in north lattitude forty three degrees forty three minutes twenty seconds, w* was eight seconds to the northward of our lattitude given, which wee measured backe againe vppon a south Ijne, and there fell in a very plajne place, where were few trees ; but wee marked fouer or five trees, one of them markt w"" M: B: ; and at the sea- side, where the Ijne doth extend, there Ijeth a greyish rocke at a high water marke, cleft in the midle ; els the shore, being sand w'l'out stones, the Ijne doth runne ouer the northermost pointe of an iland, as wee guesse not aboue two or three rodd aboue high water marke ; the iland is called the Vpper Clapboard Iland, about a quarter of a mile from the majne in Casco Bay, about fower or five miles to the northward of M' Macworths house. Given vnder our hands the SS"* of October, 1653.
JONAS CLARKE, SAMUELL ANDREWES.
M' Clarke being absent, M' Samuell Andrewes, vppon oath, testified to 1653. the truth thereof, as foUoweth: Yow sweare, by the living God, that the
208 THE RECOKDS OF THE COLONY OF
16 54. retourne yow made vnder yo"^ hand of the observation yow made on the thir- " ' ' teenth of October, on the northerly bounds of our pattent, is true, according to the rules of arte and yo"' best skill and judgment. Taken before the Magis'^ in Gennerall Court, 19"^ of October, 1654.
EDW: KAWSON, Secrecy.
soil to Goodwife The Court judgeth it meete to allow vnto Gooduife Hajden, for the re-
Hajdensc . j^^.^^ ^^ ^^^ distempred child, to be pajd out of the countrje rate for the en- suing yeare, the soiiie of fiffty shillings. Ans' to M' In the case of M' Edward Godfrys coraplajnt against the toune of Yorke,
pet'icon^ about lands, itt is ordered, w'** consent of the sajd M"" Godfry and ]\I'' Ed-
1^ ward Rushworth, on behalfe of the toune of Yorke, that M'' W™ Worcester,
M"^ John Brocke, and M'' Vallentjne Hill shall and heereby are appointed coinissioners from this Court, to heare and determine all the differences be- tweene the sajd M" Godfry and the toune of Yorke, in reference to a meete proportion of lands to be allowed the sajd M' Godfry, according to his demerritts, as also for his charge in attendance on this Court ; and the sajd comissioners are heereby desii-ed to make a full end of this buisenes by the last of Aprill, 1655. The meaning of the Court is, that each particular person concerned is included, aswell as the toune joynctly, in the buisnes above menconed. For the better accomplishment thereof, the Court ordered a letter to be sent to y coinissioners, w* was donne accordingly. [*184.] *Itt is ordered, that the keeper of the prison for the tjme being shall
Kepers henceforth haue the same libertie that the marshall hath, in all civill cases,
libertje to take
bayie. to take sufficijent bayle after coinittment, as the marshall might before
coinittment. Da' 1 : 9 mo, In ans"^ to the peticon of John Cheny, the Court, having heard what y°
^^^^' sajd Jn° Cheny could say for the inhseritance y' Anthony Sadler bought of Chris-
Courts aproba- topher Batt, in referenc to Abjell Sadler, sonne to the sajd Anthony, and what I^rceL^v™'^ Isacke Bozwell could say for his purchasing the same land of the sajd Chris- izake BozweU. topher Batt, the Court judged it meete to allow of the agreement made betweene the sajd partjes and signed by the sajd Jn° Cheny, as herevnder is written, and doe confirme the estate of the sajd house and land to the sajd Izacke Bozwell. Whereas there hath binn a suite in lawe depending betweene John Cheny, of Newbury, guardjan to Abjell Sadler and Izake Bozwell, of Salisbury, about the title of an inheritance w* sometimes was M"" Christopher Batts, lying and being in the toune of Salisbury, the sajd John Cheny, by theise f>°% doth acquitt and discharge the sajd Isake Boswell from all suites and demands, for the tjme past, and for the tjme to come doth engage and
THE MASSACHUSETTS BAY IN NEW ENGLAND. 209
promise neuer to sue or any more molest the sajd Izake Boswell about his 16 54. buisnes.
JOHN CHENY.
1 November
Acknowledged in Court, and subscribed by John Cheny the first of y« 9 m", 1654.
INCREASE NOWELL.
Septemb. 23, 1654. In obedience to the Gennerall Courts order, wee haue vejwd the Ijne concluded by Salisbury and Hauerill, to devide the land betweene them, and wee finde that, as it is expressed in the peticon, there was a great mistake in the first running of the Ijne : this wee finde acknowledged by both partjes ; for he that carrjed the compasse at the first from the place concluded, and from Merre- macke Riuer but one mile and a quarter to a stumpe of a pipe staff" tree, he sajd he had runne north west, which mooved the men chosen by Hauerill to yeild vnto Salisbury one pointe more ; but wee haue gonne northwest from the place on Merremacke Riuer formerly concluded on, and wee find that northwest cometh aboue a quarter of a mile in going a mile and a quarter *ieerer to Hauerill Haverili & then the Ijne first runne ; so wee finde northwest is as much as, according to laj^outf ^* the true vnderstanding of theire first agreement, doth yeild vnto Salisbury. If the Ijne norwest and by west should stand, a great part of the meadowes lying on that quarter would be cut of from Hauerill, to theire great prejudice ; and the not knowing of that mistake majde them yeild one pointe more : wee thinke, if the pleasure of the Court be so, that it may be well for this honnored Court to order that a northwest Ijne may part the land betwixt them, only if any of the meadowes lajd oute to any of Hauerill shall be cutt of from Hauerill by this Ijne, that those meadowes shall remajne to Hauerill, or those men to whom it is lajd, foreuer. Fiuther, wee thinke meete that Salisbury shall haue liber- ty over Hauerill Coinons if the swamp stop the way, the sajd way to be forty rod broad. Yo" in all dutifull obedjenc.
HEN: SHORT, , JOSEPH JEWETT,
JN° STEVENS.
The Coiirt approoves of the retourne about HaueriU & Salisbury lyne, as above is exprest.
In ans'' to the peticon of Winnuequassum, an Indian, craving Thompsons ^'^^' '" ^'"'
nuequassums
Hand to be restored to him as his inheritannc, altho the Court cannot see cawse peticon.
VOL. IV. PART I. 27
210
THE KECOKDS OF THE COLONY OF
1654.
1 November.
[*185.]
M' Reyner comended to y new church in Boston.
Ans' to Capt.
Fendletons petico.
Ans' to Xto- pher Averys petico.
Ans'to
Concord
peticon.
Ana' to
Salisbvuy
petico.
M' Nowell & M' Elliott to asist or guide ^th ye choice of a sagamore at Nashaway.
Ans' to M'
Stanions
peticon.
at ^sent to heare the case, nor w"'out heareing to restore the peticoner the land, yett judge meete to give him libertje of tryall, in any Couit fit for cog- nizanc of it, notw^'standing any former acts of this Court therein.
*The Court, reminding the case of the new church of Boston, and being sensible of the vncomfortablenes of theire fsent condicon, for want of a teach- ing officer amongst them, quallified, according to the wholesome lawes heere established, and being very willing to affoord the best help they caun in this case, doe therefore propound the reuerend M'' Reyner vnto the sajd church, to be by themselves treated w^'all, as also made chojce of, and called to office in case of agreement betweene them.
Administracon to the estate of John Watton, deceased, is graunted to Capt Brjan Pendleton, in ans"' to his petlcSn, he bringing in to the next Gen- nerall Court a true and perfect inventory of the sajd estate, that some course may be fiu'ther taken for the releife of the widdow, as the Court shall heere- after judge meete.
In ans"' to the peticon of Christopher Awerey, the Court, vnderstanding the peticoner is very poore and aged, having nothing to pay, and that he hath vsed his indeavor to haue his wife brought ouer to him, judge meete to remitt his fine, and that his peticon be receaved freely.
In ans"" to the peticon of seuerall inhabitants of Concord, the Court de- clares that they judge it meete y* the toune retourne what quautitje of land yett remajnes, which they desier, and whither it be free from all other graunts.
In ans"" to the peticon of the inhabitants of the toune of Salisbury, the Court judgeth it requisite that the toune of Hampton should haue legall no- tice to answer and make theire clajmes and defence before any further pro- ceedings in the case.
Whereas Shawannon, saggamore of Nashaway, is lately dead, and another is now suddaiuly to be chosen in his roome, they being a great people, that haue submitted to this jurisdiccon, theire eyes being vppon two or three of the blood, one whereof is very deboist & a drunken fellow, & no freind of y« Eng- lish, another is very hopfull to learne the tilings of Christ, tliis Court doth therefore order, that M"' Increase Nowell and M"" John Elliott shall and heere- by are desired to repaire to the Indians, and labor by theire best coimsell and perswasion to ^vayle w"^ them for the choosing of such a one as may be most fitt to be theire sagamore, which would be a good service to y" countrje.
In ans'' to y" peticon of Anthony Stanion, for the remittm' of the forfeit- ure of his fifty pounds bond for Edward Colcords appearanc at y* last County Court at Hampton, the Court judgeth it meet to remitt ffiarty pounds thereof,
1 November.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 211
and orders him to pay the attorney that prosecuted against Edward Colcord, 1654.
in behalf of Tho Moulton, fivteene shillings, & to Thomas Moulton, for him-
selfe & wives attendanc at both Courts, three pounds two shillings, and to
the widdow Blasedall, for hir attendance as before, thirty sliillings ; the other
fewer poimds thirteene shillings to make vp y'' tenn pounds he shall pay to
the Treasurer for y" charg of the Court.
*In ans'' to the peticon of Edward Rawson, the Court, in reference to his P186.] service w"" other gen'™" implojed by this Court to Wells, &c?, doth graunt Ans'to lilm, the id Edward Eauson, two hundi-ed ackers of vpland and meadow, sons peticon. out of all toune bounds, on Quochecho Riuer, aboue Doner bounds, and orders Capt Brjan Pendleton & Peter CofFyn to lay it out.
In ans"" to the peticSu of the inhabitants of Portsmouth, the Courts judgeth Ans' to Ports- it meete to referr the issue of tlie case to a comittee, and to that end haue ™°° ^' ^'""^' chosen M'' Joseph Jewett, M"^ Thomas Bradbury, and M'" Jn" Saunders, who are heereby impowered to examine the matters in difFerenc betweene the tounes of Portsmouth and Hampton, as touching the Ijne betweene them, and to setle the same in such a way as may by them be judged most meete, vppon a full hearing of what shallbe alleadged in the case, and that they make re- tourne thereof to the next Court of Election, M'' Joseph Jewett to appointe the time & place of meeting.
Wee, whose names are vnderwritten, haue, according to the copy of the M'Bradstreet, Comts order that wee receaved, lajd out for M' Symon Bradstreete and Cap? gens looo acres Thomas Wiggens, the first fift day of March last past, vppon the north east '^■i'^ "'''■ side of the great riuer at Nechewanacke, one thousand acres of land, the most part of it being swampe, as wee suppose, out of all toune bounds, and other particcular proprietjes, in forme and manner as foUoweth, that is to say, twelve furlongs by the riuer side, the riuer being the bounds on the south west side, and so to runne vp into the woods, vppon a north east Ijne, from the sajd riuer, eight furlongs and fouerteene poles, vppon either side of the lott, which is so marked and bounded by vs.
HATE EVILL NUTTER,
m'ke
THO: T CANNY. The Court accepts and approoves of this retourne. In ans"' to the peticbn of M'' Robert Jourdan, itt is ordered, that the f "^' *" ^'
Jourdans.
cawse therein menc6ned betweene M' Joiu-dan and Jn" Ridgway be referred peticon.
212 THE RECORDS OF THE COLONY OF
16 54. to a due trjall at the next County Court at Yorke, becawse this goQm"" hath ^ ' not yett binn setled amongst them. „ ^ ' In ans"' to the peticou of the new church at Boston, the Court refers them
Courts ans' to -^
new church jq the last ans'^ this Coui-t gaue to theu-e former peticon, as their ans"^ to this
peticon.
peticon.
Ans' to In ans' to the peticon of the toune of Glocester for y^ remittm°' of a fine
G ocsttpehcon; jjjjpQgg^ q^ them by the County Court at Ipswich for theire defect in not
fine remitted. '■ j j r
ha\ing match as y" lawe requires, the Court, being sattisfied of theire en- deavors to pcure it, & that now they haue it, doe remitt the sajd fine. Ans' to y» In ans"^ to the petition of the widdow Abigail Ellethrop, the Court doth
throps peticon. ti^ereby impower the next County Court at Ipswich to heare and determine the case betwixt hir and the execcutors of hir late husband. [*187.] *Edward Saunders, of Watertoune, being indicted at the Court of Asist ■
Edwaid ants, in September last, for a rape w*"" a girle, Ruth Parsons, of the same
Saunders,
judgm' for toune, the Court and jury not agreeing in the verdict, the case came of a use 0 u course to the Gennerall Court, where both partjes appeared. The Coiu-t, after they had heard and pervsed the seuerall testimonjes brought in against the said Edward Saunders for abusing the body of the sajd Ruth Parsons, doe not finde him guilty of death, but justly deserving a high and seuere censure, and doe therefore order, that he shall be seuerely whipt, first, in Boston, the ■ next lecture day, after the lecture ; 2'^, in Water Toune, after some lecture or other publicke meeting, at such tjme as M'^ Nowell shall appointe, not exceed- ing thirty stripes at a tjme ; and also, that he shall henceforth weare a roape about his necke, hanging downe two foote long, to continew during the Courts pleasure ; and if he be found aboue forty rodd fi-om his house without such a roape as aforesajd, then, for euery such offence or neglect, to be whipt againe before the three coinissioners of the toune, in the same manner before exprest, by the present connstable. Resolution of -^ ^^^^ '^^ difficulty was retourned from the last Court of Asistants to the
a question on Qennerall Court, and the qua3stion was thus presented for resolution: A
Buspition of
adultery. marrjed woman, with hir husband, in another mans house, whom in short
tjme she, contrary to hir husbands liking and comand, enters into to much familliaritje with at vnseasonable tjmes, whom she also seemes to affect more then hir husband ; hir husband, greiving at hir carriage, departs from hir ; and after his retourne was brought to bed of a strong, liuely, perfect child, (that presently after its birth suckt and cijed, &.&,) fewer weekes and five dajes short of forty weekes. The single person, being accused and imprisoned on suspitjon of adultery with the marrjed woman, giving bayle for his appear- ance, ranne away. The qusestion is, whither heere be two wittnesses, or that
THE MASSACHUSETTS BAY IN NEW ENGLAND. 213
■which is aeqiiipolent to it, to convict the sajd woman of adulteiy. The Coiu't 16 54. resolued it on the negative, that there are not two wittnesses in the case, nor '' '
any thing that is tequivolent thereto.
Benjamin Saucer, a souldjer, was indicted at the Court of Asistants in Benjamin September last for vttering most pphane and vnheard of blasphemy, saying y' Jehovah was the divlll, that he knew no God but his sword ; the bench & jviry differing in the verdict whither the cijiue was capitall or not, y" case came to the Court in course to be determined ; the sajd Saucer appeared before the Court, and pleaded not guilty ; the evidences were heard against him ; but be- fore the Court came to a sentenc, the sajd Saucer made an escape out of prison.
Itt is ordered, that George Munnings, the keeper of the prison, shall be County Court called to an account about the escape of the prisoner, Benjamin Saucer, and ^^ ^^^^^ j.^^. that he shall answer for the same at the next County Corut at Boston, vnto Saucers escap. whom power is heereby given to deale with him as they shall see the nierrit of the cawse, either by fine, displacing of him, or otheruise, if he give not a sufficijent sattisfactory answer.
*Itt was voted by the whole Court, that Majo'' Robt Sedgwick should be [*188.] sent -vnto, and in the name of the Court desii-ed to send vp Benjamin Saucer, '^^^ Court, vn-
■*■ *' derstanding y*
the blasphemer, that he may be deliuered into prison and to the keeper, from Saucer was in whence ^ made escape. The Courts minde was sent to Majo'' Sedgwicke ac- church, sent
T 1 to Major
cordingly. '.
Sedgewicke to demand him.
To the honnored Gennerall Court of the Massachusetts.
Wee, whose names are vnderwritten, being appointed to divide the lands Naotucke
,^ • 1 J 1 1 plantacon.
at Naotucke into two plantacons, wee accordingly haue graunted to them that now first appeared to remoove thither to plant themselves on the west side of the Bluer Connecticott, as they desired, and haue lajd out theire bounds, viz. : from the litle meadowe above theire plantacon, which meadow is called Capa- woiike or Mattaom 'tt, doune to the head of the Mis which are belowe them, reserving the lands on the east side of the sajd riuer for another plantacon, when God, by his p; ovidcnce, shall so dispose thereof, and still remajne,
Yo' humble servants,
JOHN PINCHON, ELIZUR HOLJOKE, SAMUELL CHAPIN. The Court approoves of this retoume.
The comission of M' Pinchon, M' Holyoke, & M' Chapin being expii-«d.
214^
THE RECORDS OF THE COLONY OF
1654.
1 November. M' Pinchons coniission.
Alls' to Sacos peticon.
[*189.]
20 ac" of meadow to M' Edm" Broune.
Courts ans^ about losse of corne.
Ans' to Georg
Munings
peticon.
Ans' to Left. Hudsons peticon, &c.
and no other substituted in thcire places, itt is therefore heereby ordered, that the sajd M"" Jn" Pinchon, M'' Elizur Holyoke, and M' Samuell Chapin shallbe, and are heereby, impowred as coinissioners to act at Spriugfeild, according to the coiiiission formerly graunted by this Court to M"^ Henry Smith in May, 1651, they taking the oath ajopointed formerly by the Coiu't in the yeare 1653, at some publicque meeting of at least tenn of the inhabitants of Spring- feild aforesajd, and this theire comission to continew till the Coiut take further order theerein.
In answer to a peticon presented from the inhabitants of Saco, Cape Por- pus, & Wells, in reference to the erecting of a prison and other charges there, itt is ordered, for mutuall peace and good of the sajd tounes, that the seuerall tonnes liable to this charge about the prison shall, for each toune, choose one man to see that on the bringing in of an account of the estates of each toune according therevnto, a just proportion may be levj'ed on each, to which the deputjes for those parts doe concurre, & doe present these persons vnder- writteu for the worke : for Kittery, Richard Nacy ; for Cape Porpus, Griffen Montague ; for Saco, Eobt Booth ; ffor York, Abraham Preble ; for Wells, Jonathan Thing ; who are heereby impowred to attend what is just and aequall heerein, tending to the effecting hereof, and that they shall also take an ac- count of the late Treasiuer about the rate of the two late Courts, and rectify the same, chargeing to each toune theire due proportion, according to the cus- tome of the countrje rates.
*Graunted to ]\P Edmond Broune, his heires and assignes for euer, two smale parcells of meadow, not exceeding twenty acres, lying on the southside of Sudbury bounds, on the northside of the riuer.
In ans' to the peticon of Justinian Houlding, Jn° Coolige, Jacob Greene, and W" INIaning, craving allowance for losse in shrincking of corne in theire hands, itt is ordered, that each toune beare theire oune losse, and doe order the selectmen of euery toune to act heerein, so that the proportions of losse and charge may be equally be borne by particcular persons.
In ans"' to the peticon of George Munnings, craving allowance ffor his attendanc on & dietting Daniell Gunn, y' djed of the French disease, the Court judgeth it meet to allow the sajd Munnings tenn shillings a weeke, he accounting with the audito', who shall signe him a bill for the payment of it out of the next countrje rate to the Treasurer.
In ans'' to the peticon of Left W" Hudson & Evan Thomas, the Court judgeth it meete to remitt the forfeitui-es of theii'e bonds, but see no cawse to remitt them theire fines.
In ans"^ to the peticon of Lef I Apleton, itt is ordered, that Majo' Denni-
THE MASSACHUSETTS BAY IN NEW ENGLAND. 215
son, Cap? Atherton, and Cap? Norton shall and heereby are appointed a 1654.
coinittce to examine all the accompts of M'' Henry Dunster in reference to ' ■> '
the estate of M' Josse Glouer, deceased, or what his wife left, or what else ^ ^°'''"'''"-
A coiiiittee to
may concerne the estate contended for by the two eldest sonues of the sajd examine M' Josse Glouer, or any other whom it may concerne, making theire report to the cop"'n rlfer- next Gennerall Court. '^"'^ '" ^^'
Josse Glofls
In ans' to the peticon of Cap? Robt Bridges, itt is ordered, that warrant e'^tate. shall issue out of this Court to M-^ Edward Tins & the rest of the adminis- t"^! *" ^''''.*'
° Bndges peti-
trato" to the estate of Capt W"" Ting, requiring them to bring in the originall ^<"»- books of the sajd Cap? Ting, wherein M'^ Woodcocks accompts & credit is, that they may be pvsed by the Court, & a coppie thereof taken & given to the sajd Cap? Bridges.
The Court, having pervsed and examined the seuerall retournes concern- Courts judg- ing the peticoners in Lef? Pikes case, doe order, that the persons heerevnder "^i'.'°."
^ conussioners
menconed be suiiioned by warrant from the clarks of the seuerall County '•e'°"™<= Courts to which they belong, and to give bond to the value of tenn pounds a Coners in LeP man to give answer for theire seuerall offences before the sajd County Courts, fa°e! ^""^^ wko shall haue full power to issue the same as they in theiie wisedomes shall judge most meete : —
Newbury: Jn" Emery, Sen, Salisbury: Samuell Hallis,
Jn° Hull, Pliilip Chalice,
Jn° Bishop, Joseph Fletcher,
Benjamin Swett, Samuell Gechalls,
Daniell Thu-ston, Juii, Andrew Grely,
Joseph Plomer, George Martin.
Daniell Cheny, Hampton : Christopher Hussee,
Jn" Wilcott. Jn° Samborne.
*The Court wrote a letter to his highnes Oliuer, Lord Protector of the [*190.] coinonwealth of England, &(5, w<='> is recorded in the comt booke of reccords for letters, &6.
In the case betweene Nathaniell Boulter, plaintiffe, and Robt Lord, Courts judgm' defendt, the Court, vppon a full hearing of the case, did fiiide for the '^J^°^^"^ plaintiffe.
On the mocSn of M"- W" Parks, administrator to the estate of M"" James Courts judg- Astwood, deceased, the Court appointed Cap? Eliazer Lusher and Cap? Brjan Altwoldstre Pendleton a coinittee to examine the accompts referring to that estate, and make retoui'ne of theire thoughts concerning that part of the estate afore-
216
THE RECORDS OF THE COLONY OF
1654.
\ TNovember.
Courts judg- ment in M' Gyffords case.
9 ; 9 mo, 54.
Keference to ye oQseers to jjvde M' Chancy a howse, &c.
[*191.]
Troopers al- lowd for their service ag* Ninigr'.
Comittee to lay out the mil- litary.
sajd, that by lawe is due to the wlddow of the sajd James, w"'' is the third part of the howses and lands, for terme of Hfe ; they retourned that, according to the value the sajd houses and lands were sould for, being two hundred twenty five pounds fower shilUng and 1|'^, hir proporcon being allowed after the rate of five pounds p cen?, and accoumpted as continewed the terme of seven yeeres, amounts to twenty six pounds seven shillings fower pence, by virtue of a Court order, deliuered to hir by the administrator ; twenty three pounds five shillings and eight penc, and more, in seuerall goods taken by the sajd widdow without the knowledg of the administrator; as is testified vnder the hands of M' Stoddard and M"' Ting, twenty pounds sixteene shillings and sixepence ; so that it appeared to them that the widdow had re- ceaved of the estate, more then hir proporcon, the full some of seventeene pounds fowerteene shillings and tenn penc ; and whereas she should haue receaved hir part annually, and but for terme of life only, she hath carried tliis whole soine already out of the country ; wherefore they conceaved that the remajnder of the whole estate should be free from all clajme, demand, or title by the sajd widdow, or by any in hir behalfe to be made. The Court ap- prooved of the coinittees retourne, and ordered the legall assiu-ance be made to the purchasers of the sajd howses and lands, w'^^ were the estate of the sajd James Astwood, according to the contract made betwixt the administrator and the purchasers.
In the case depending betweene M' Jn" Gyfford and the comissioners for the iron workes, the whole Court, meeting together, did, by theire voat, judge meete to confirme the actings of the audito'^% vppon the accompts betwixt the sajd Jn° Gyfford and his principalis, so farre as they haue possitively issued the same, waving for the present the allegations about theire couenants.
The Court, having considered of the mocon that hath binn made in be- half of M'' Chancy, for the providing of a howse & other accoinodac&ns for his setlement at Cambridge, doe judg meete to referr what yett reraajnes to be donne to the honnored & reuerend ouerseers, to whom it most propperly belongs.
*Itt is ordered, that Jn° Wisewall and W" Parks shall & heereby are ap- pointed a comittee w"" the audito"" gennerall to examine the bill of y^ seuerall troopers that lately went on the late expedition against Ninnicraft, to signe all theire just bills, and to deduct w' they haue had of the x dler, the original! bill of particculars being on the file.
Whereas there be a thowsand acres of land graunted to the artillery com- pany, anno 1618, and is not yett lajd out, and whereas there is a graunt to Cambridge of land for farmers, betweene Cambridg and Concord, itt is now
THE MASSACHUSETTS BAY IN NEW ENGLAND. 217
ordered by this Court, that M"' Edward Hutchinson, Sen, ]\I'' Thomas Danford, 1 G 5 4. and John Sherman, survejor, shall vejue the ground and sett out the thowsand ' "> ~^ acres according to graunt, with as litle ^judice to a plantacon as may be, and so make retourne thereof to the next Gennerall Court, in May ; or in case they cannot finde out land according to the graunt, and then also to make theu'e retourne also.
The Court ordered Major Willard to haue allowed him sixe pounds Major Wiiiards eighteene shillings, as a recompenc for his servic on the Narragansett expe- dicbn, and Cap? Davis five pounds tenn shillings. Left Peeter Oliuer three pounds fiveteene shillings, Cornet Stednian three pounds, Marshall Wajte, coiiiissary, fforty five shillings ; the rest of the souldjers recompenc are on file.
The Court is adjourned to the lO"" of Nouember, 1654.
^tt the third Sessions of the Gennerall Court of Elections, held at 20 November. Boston, the 20"' of JVouember, 1654.
Pkesent, Rich Bellingham, Es^, Go:, Capt Eol)t Bridges,
M' Increase Nowell, Capt Tho Wiggins,
M'' Synion Bradstreet, Capt Humpluy Atherton,
M'^ Safii Symons, Majo'' Symo Willard.
A
TT this Court appeared Capt Roht Keajne & M'' Edw Hutchinson, at- 21"' 9 mo, tourney for M"^ Josiali Winslow, as deputjes & attournejcs for the vnder- takers of the iron works, plaintifFes, and M"" John GyfTord, late agent to the sajd vndertakers, defendt ; and after the Court had heard what the partjes could and did say, the originall attachments were read, y" verdict of the County Court at Boston therevppon : —
I. Itt was putt to the question, whither the Court be sattisfied y' M"' Jn" GyfFord was agent for the vndertakers of the ironworkes. Itt was resolved on the affirmative.
2 qsEst. Itt was putt to the quajstlon, whither the Court be sattisfied that 22"'. M"^ Jn" Gj-fFord was sued at the last County Court as agent. Itt was resolved
on the affirmative by the whole Court met together.
3 qufest. Itt was also at the same tjme put to the quaestion by the whole Court mett together, whither so much as is or shallbe charged on ^I"" Jn" GyfFord, or he chargeth himselfe withall, in reference to the iron workes, he ought not to discharge himselfe according to his orders and instructjoiis
\i)L. IV. — r.viiT I. 28
218 THE KECOKDS OF THE COLONY OF
16 54. from liis principalis. Itt was resolved on the affirmative, that he ought so to charge himselfe. In aus'" to the peticoii of Rofct HarJiug, desiring that his bond might be
22 November. Ans' to Capt.
Hardig deliuered vp to him againe, w'^'' he gave for his ajipearanc, &5, before this
petiCoii.
Court, it is ordered, that the secretary shall give the petiooner vp his bond.
■1 qusest. Whither the attachments not distinguishing Jn° Gyffijrd vnder the terme of agent doe make the plaintiffs liable to a iion suit, referring to the action. This qua;stion Mas resolved by the whole Court on the negative. [*195.] *Itt is ordered, that Rich Bellingham, Ys^, Gofln'', M-^ Nowell, Capt
Atherton, Capt Clarke, Deacon Wisewall, and Deacon Parkes shall & hereby are desired and impowred to treate Math, procure, and establish a fitt person to be keeper of the prison in steede of George ISIunnings, making agreement w"" such a pson, not exceeding twenty pounds p annu sallery.
Itt was put to the question, whither the wo'pff'^ Rich Bellingham, Es^, and M"' Increase Newell be capable of voating in the case depending betwixt Capt Keajne & M'' Winslow, plaintiffs, and Jn° Gyfford, defendant, in reference to pretended relacons. Itt was resolved on the affirmative by the whole Coiute.
Itt was also put to the qucestion, whither this Courte, in the case of the vndertakers of the iron works, by theire dep", plaintiffs, & ]\I'^ Jn° Gifford, defendant, would so accept of the first auditt as to beginne where they left, reserving the plaintives just liberty in point of plea for damage in theire second action for the defendants not following his orders and instruccons. Itt was resolved on the affirmative by the whole Court. L.t. Phillips AVhereas this Court hath lajd an impost on wjnes imported into any part
of tliis jurisdiccon, as in title Impost, in the first printed booke, appeares, and that of late they liaue lett to farme the sajd imposts to Capt W" Hauthorne, Capt Jn° Leuerett, Left W™ Phillips, &6, and that no person seemes now to be impowred to take the forfeitures that in such cases maybe made, itt is therefore ordered, that Left W" Phillips shall and is heereby impowred, ac- cording to that lawe in referenc to the imposts, to take all forfeitures that hath binn, shall, or may be made in any part of this jurisdiction during the tjme of theire contract, and to appointe one or more deputjcs vnder him, in any part of this jurisdiction, to demand or receive the due imposts, according to lawe, of any person or persons whatsoeuer ; and on refusall of payment or entry according as the lawe requires, to make seizure, and by suites in any Court of this jurisdiction to recouer his or theire full dues, according to lawe, and this to continew in force till the Court take further order 2i: That fmther tare and more full provission may by lawe be made then is
y officer to rec. imposts,
THE MASSACHUSETTS BAY IN NEW ENGLAND. 219
already for the sujipressiug the most odious & abominable sinne of blasiihemy, 165 4.
as also the vncleanc and wicked practizes of abusing young glrles vnder tenn "" — '* ^
yeares of age, and forcing or ravishing of damosells above that aec, itt is or- " _ "■"=mber.
° Comittee to
dered, that M' Nowcl), Capt Atherton, Cap? Thomas Clarke, Capl Eliazer p'pare a law ag' Lusher, and M' Edward Jackson, be a coiuittee to advise with some of the ''^^ ^"y-^ '^• reuerend elders in referenc to the above meneoned cases, to prepare, di-awe up, and present to the next Gennerall Court what they judge meete to be passed as lawes for the reformation of the evills above sajd.
Capt Robt Kaine, plaintifie, & INP .In" G^-fford, defendant, being in Court & pleading to thcirc case, the Court demaunded of the id Jn° Gyfford, the de- feudat, that he would show his orders and instruccons to proove his oune charge of expences, guifts, &c, W^i* he absolutely refused ; and when the Court mooved him to give a particcular ansiver, to ease the coulor of deceipt in mowing forty acres of grasse for sixe catle only, (if he could,) which he had confessed, he sajd he had answered to the aucht, & would ans"- no other- uise. The Court therevppon declared, that then they should examine as they might, and judge accordingly.
♦After the whole Court had heard what the plaintiffs & defendants [*193.] could say, & pvsed seuerall of the evidences & audito'* retourne, they pro- Courts narra- ceeded as foli : Whereas there is an acCon of thirteene thowsand pounds vppon Giffords case, accoumpt depending in this Court bet^vixt M' Josiah Wiuslow & Capt Robt Keayne, deputjes and attoumeys for the vndertakers of the ii-on workes', plaintiffs, against 'M' Jn" Gifford, late agent, defendant, the Coiu-t findes that, vppon the sajd Giffords presenting his bookes of accompt in a County Court by thciie order, where the action was first coinenced, the sajd Coiut refer* the auditting of the sajd accompts to certaine select meete persons, who, having spent much tjme about the same, made a retourne so farr as they had pceeded, but left the consideracon of many particculars in IM' Giffords charge, w'^ they wanted evidenc to passe, to the valcw of three thowsand five hundred seventy-two pounds sixteene shillings and eleven pence, to the consideracon and determina- tion of the Court ; but this soiTie consisting of too many pticculars for the Couit to examine, was againe referred, together -nith the effects of the iron workes, to other aucUto", who, after much tjme expended about the same, made theu-e retourne, and left the defendant debto'' vppon the whole the soine heereafter exprest, against yv'^ the plaintiffs made many just and considerable objections, which occasioned this Court to enter into a more strict consideracSn & exam- ination of the whole accompt, wherein they finde many false charges, vast ex- pences & guifts, some tonns of iron disposed of more then he gives the iron works creditt for, the proffitt of the ffiirme, &c', which he made vse of for
220 THE RECORDS OF THE COLONY OF
1654. himself, not brought to acco', together with diuerse other improbable dlsburs- " "I ' meiits putt vppon accoumpt. The Court also found that the last audito" had respect only to the accoumpts as they stood in the bookes, without reference to the defendant orders or coiiiission, and so issued the same in an arbitrary way, and much of it w^'out proofe, which this Court could not allow off; but after much tjme spent about tliis case, finding the whole accoumpts intricate, & very many of the particculars contcyned in fowcr papers left by the first auditers to the determinacon of the Court, to the valew of three thowsand five hundred seventy two pounds sixteene shillings & eleven pence, very doubtful and sus- pitious, the plaintiflTs also objecting against the whole as being donne w*out order, and the defendant peremptorily refusing to shew his order or comission Courts judgm' for the Same, the Court judged it meete to order, that the defendant should '" ^ I' be allowed two thousand and five hundred pounds out of the fewer papers, and that execution issue out from this Court for the plaintiffs for the rest, to- gether with the eight hundred and odd pounds, exprest in the foote of the audit, leaving the defendant to his liberty, by due proofe, according to his orders and instructions, to proove what he may or cann more, the defendant paying the workemens wages, and giving securitje for the same. W" Salter Itt is ordered, that Willjam Salter, of Boston, shallbe keeper of the prison,
and be allowed twenty pounds p anii, and the removing of his goods from his present dwelling vnto the prison house, and his sallary shallbe pajd vnto him quarterly, «& that some stocke be forthwith lajd in for releife of such prisoners as are or may be imprisoned, as in such case hath binn heeretofore ; and the said Salter shall give vnto the Court a quarters warning at the end of any yeare, when he shallbe minded to leave the prison, that so the prison may not be vnprovlded.
Itt is ordered, that the 2"^ action for breach of couenants, &S, in referenc to M'' Jn° Gyfford, in y' case of the iron works, be referred to the next Gen- nerall Court in May next. [*194.] *The Coint being informed that the countrje is like to pay the rate
wholly in Indian corne to the countrje rate, in Indian corne at three shillings p bushell, w"""^ is not really worth, nor will passe from man to man, aboue two shillings and sixepence p bushell, so that men who haue trusted the countrje, or haue ought to receave from the countrje as theire just due, will loose neere a fifth part of what in justice they might expect, and ought to haue, itt is therefore ordered, that all the Indian corne that is or shall be brought into the Treasurer or his order before the tenth of ]\Iarch next, shall be accompted but at two shillings eight pence p bushell, and what shall be pd after that time shall be accepted at three shillings p bushell. The Court is dissolved.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 221
Att a Gennerall Court of Eleccon, held at Boston, 23^ of May, 16 55.
1655.
23 May.
were chosen Assistants, & tooke there oathes. Y* Gofl gave him his oath 24 Janu, 1655. was chosen Majo' Gennerall.
JOHN ENDECOTT, Escp, was chosen GoQuo', & tooke liis oath. Rich BeUingham, Es^, was chosen Dep' GoQ, & tooke his oathe. M' Symon Bradstreet, M"^ Increase Nowell, M'^ Samuell Symonds, Cap? Ro'bt Bridges, Cap? Thomas Wiggin, Cap? Daniell Gookin, Majo"' Daniell Dennison, Ttlajo'" Symon Willard, Cap? Humphrey Ather-
ton,
M"' Symon Bradstreet, ] were chosen Comissioners for the Vnited Col- Majo'' Daniell Dennison, J lonjes.
M' Edward Rawson was chosen Secretary.
M'^ Richard Russell was chosen Treasurer.
The names of the Depu**' retoumd from y" seuerall tonnes to serve at y' Court.
For Salem : M-- Edmond Batter, M' Rich Russell.
Charlestoun : Cap? Francis Norton.
Dorchester : Lef? Roger Clapp.
Boston : Cap? Tho Sauadge, Cap? Tho Clarke.
Roxbury : M"' PhiUp Elliott, M"' Edward Dennison.
Watertoune : M'^ Richard Broune, M"' Ephrajm Childe.
Lynne : M' Thomas Lajton, M'' Jn" Fuller.
Cambridg : M"' Edw Collins, M' Rich Jackson.
Ipswich : M" Joseph Medcalf, M' Georg Giddings.
Newbury : W™ Titcombe.
Weimouth : James Nash.
Hingham : M"" Jerre Houchin.
Concord ': M"^ Robt Merriam.
Dedham : Cap? Eliazer Lusher.
Salisbury : INI-- Samuell Hall.
Hampton : Henry Dow.
Rowley : Maximilian Jewett.
222
THE KECORDS OF THE COLONY OP
Braintije : Cap? Rich Bracket. Douer : M"^ Valentine Hill. Woobourne : Capt Edward J ohnson. Maiden : M"" Joseph Hills. Kittery : M' John Wincoll. Yorke : M' Edward Rushworth.
M"^ Richaixl Russell, Speaker to y'' Depu'^
[*195.]
Selectmen to ap* measurers of come, wood, He.
A house of
correccon in each county.
Selectmens power to regu- lat porters.
CoiSittee of militia & selectmens power to re- paire forts, &c, by lev)', &c.
*This Couitj taking into theire consideracbns the complaints of seuerall in reference to the abuses coiiiitted by diuers seamen, who, bringing corne from Conecticott & other places, so measure the same as by experjence is found will not yeeld so much, though presently measured agaiue, by fewer or five p ceirl, and further, considering the abuse that is in cording of wood & measuring of boards, doe therefore order, that it shall be in the power of the selectmen of Boston, Charlestoune, and Salem, & such tounes w^'in this juris- diccon as shall see cawse so to doe, to appointe one, two, or more, as neede shall require, who shall be sworne faithfully & vprightly to measure such corne, boards, & wood as they shall be called vnto, and that no man shall be forced to recejve any come, wood, or boards, except they agree therevnto, but such as is measiu'ed by such person or persons so appointed and sworne^ the partjes receiuing the corne, boards, or wood paying for the measuring thereof.
For prevention and redresse of many misdemeano''' and evill practizes dayly increasing, to the dishonnor of God and damage of the countrje, itt is ordered by this Court and the authoritje thereof, that there shall be a howse of correction provided in each coiuity at the countjes charge, to be setled, ordered, and improoved as the magistrates in each County Court or Court of Asistan*^ shall agree and direct vnto, A-ntill this Court take farther order therein.
There being a very great abuse in the tounes of Boston & Charles Toune by reason such persons who take vppon them the name and implojment of porters doe many times require & exact aboue that which is just and righteous for theire labo", for the redressing whereof itt is ordered by this Court, that from henceforth the selectmen of the sajd tounes, from tjme to tjme, shall haue power to regulate in this case, and to state theire wages as in theire vn- derstandings shall be most just and aequall, as also to determine what persons shall be implojed therein.
This Court, considering that there are in many tounes seuerall peeces of ordinanc which lye vnmounted, or not sufficyently mounted and fitted with appurtenuces fitt for seruice, also some forts and batterjes that are out of
THE MASSACHUSETTS BAY IN NEW ENGLAND. 223
repaier, doe therefore order, that such great gunns, forts, or batterjes as the 1655. coinittee of militja & selectmen shall sec necessary for the securitje of the sajd ' '' ^ tounes for to mount or repajer, the selectmen of the sajd tonne are heereby jcquired & impowred for to make and levy on the estate of the sajd toune according to proportion of the countrje rate, which levye shallbe gathered by the counstable of the sajd toune, & by them coinitted into the hands of the Treasurez", or constable if appointed to be the Treasurer, of the sajd toune for the vse aforesajd.
Itt is ordered, the secretary shall issue out warrants to the connstables of Secret order to the seuerall tounes w"'in this jurisdiccon to send him a true list of all the males counstable to •w^'in theire respective tounes, from sixteene yeares of age to sixty, before the ^"'"^ '" '^ '"*'
'■ ■' o J> of yo males, &c.
first of August next ; and if any connstable shall neglect to make retourne as aforesajd, he shall forfeite five pounds to the tresury.
To the constable of B.
Whereas by the articles of confocderacon the coiuon charges of the con- fcederates are to be borne by the seuerall colonjes in proportion to the noum- ber of theire males from 16 yeares to sixty, and theire being accompts to be made vp at the next meeting of the coiiiissioners, yow are therefore heereby required to send in a list of the noumber of the males as abouesajd w"'in j-our toune, before the first of August next, to the secretary, that the whole noum- ber of males w"'in this jurisdiccon may be certified to the coiiiissioners be- fore their next meeting, vnder his hand ; & hereof yow are not to faile at yo'' perrill.
•There being information given to this Court that whereas there hath L l"o.] binn formerly some gratuitjes given to this colony by some that haue binn °°". ™fj°j. wellwishers to this couutije in England, and that there is yett remayning some y" countrjes
due by gratu-
part of the same vndisposed of, itt is ordered by this Court, that M' Joseph itjes. Metcalf & M' George Gettings be authorized to enquire into this bulsenes, and to finde out what may be due to the countrje in this or any other way, and the deputjes of euery toune are alike authorized to make the lilie enquiry, that so all may be brought to light, and make theire retoumes of what they find in this case to the next sessions of this Court.
Itt is desired, that whosoeuer shallbe chosen Goflno'^ from yeare to yeare GoQuo'to shall, w*"" the first opportunitjc, make his aboade in Boston, or some adjacent ^^^^^ Boston, toune or place v/^Hn fewer or five miles of Boston, and shall there continue his aboad during the tjme of his goQnment, that so he may be the more ser- vicable vnto the countrje in gennerall, both in respect of straungers & other-
224
THE RECORDS OF THE COLONY OP
165i
23 May.
Essex regi- ment to be ex- cersised y" yeare.
Pcenalty for y" magis^s & deputj* absent from Court.
Uep' Gofln', M' Symonds, &(;, comission to take vnd' y» goQm* such as are Tv^^in oiu: lyne, &c.
Comittee ab' Bait.
wise, any custome or vsage to the contrary notw*''standing ; and the present Gouno'' is desired to reside at Boston, or neare therevnto, as much as his oiuie necessary occasions will permitt.
Itt was resolved, on the qufcstion, that Essex regiment should be excer- cised this yeare, & so the other regiments successively.
Forasmuch as by a late lawe such deputjes as shall accept his choice to that service doth forfeite twenty shillings a day for euery days default for not attending on the service of the countrje, and that the presence of the magistrates is more necessary then any deputjes, it is ordered, that no magis- trate shall be absent from the Gennerall Court otherwise then any deputje maybe, on pcenalty of forty shillings a day, as In the sajd lawe is expfssed for deputjes, w*''out the consent of both howses.
Eichard Bellinghara, Es^, Dep' GoQ, INI'' Samuel Symonds, & Capt Tho Wiggins, or any two of them, are heereby appointed, w"» the associates for the county of Yorkshire, to keepe the Court at Doner and y'' next County Court at Yorke at the ajipointed tjme, and the gent° aboue expressed, w"" the sajd associates, haue heereby graunted them the same coiiiission in all respects as formerly by this Court was graunted to M"" Symon Bradstreet and M"' Sam- uel! Symons, &t', in referenc to Kittery, Yorke, &G, and they are heereby impouered to act accordingly as they shall judg meete in sending warrants to all persons not yet subjected to this gouernment that are inhabiting w*in the northerly Ijne of our patent, so farr as it is extended, and to take them vnder this goQment, making theire retourne to y' next Genu" Court.
Itt is ordered by this Court, that M' Joseph Hills, M'' Edmond Batter, Cap? Thomas Clarke, & M' Edward Colljns, or any thi-ee of them, be a coiiiittee to treate and agree w* any merchant or merchants for supplying the countrje w"' salt, according to the propposicons mencbned in a draught of an order, &6, to the like effect for the bennefitt of the countrje ; and to the end It may be the better effected, and all occasions of objecc6n prevented, the proclamacon ensuing shallbe posted vp on the meeting howse doores in Bos- ton, & other publicq. places : —
Proclamation ab' salt, &c.
The Gennerall Court for the Massachusetts being sencible of the exigents of the countrje in respect of salt, haue appointed Capt Thomas Clarke, of Boston, and others, a comittee to treate w"" any merchant, or other, that are willing to engage, to supply the countrje w"" salt, yv"^ coiiiittee are ordered to attend the same vppon the 9* day of this instant mon"^, at the Shipp Tauerne, at tenn of the clock. By the Court.
EDW: RAWSON, Secrely.
THE MASSxYCIIUSBTTS BAY IN NEW ENGLAND. 225
23 May.
[*197.]
Committee ab'
*M' SjTMon Braclstreete, Cap? Humphrey Atherton, M' Richard Russell, Capt Eliazer Lusher, and M' Edward Colljns are appointed a comittee to con- sider of the case of the churclies of Ipswich & Boston, w"" referenc to M"" Norton, making theii'e retourne to y' Court, yv"^ they did as followeth, w'^'' the
Court apprOOVed of: M' Norton, &6
Forasmuch as it is apparent that the breach & discord in Ipswich church Thcire re- is very great, & such as they are not able to compose themselves w"" peace & mutuall sattisfaction, nor haue they sought advice or councill from other churches to helpe issue the same, but (as we are credibly informed) grievance & offences are dayly increased, insomuch as it threatnes the dissolution of the sajd church, if some tjmely meanes bee not vsed for the prevention thereof, wee cann thinke of no better expedient, agreeable to the rule of Christ, to propose, then that there be forthwith a councill called by the authoritje of this Court, consisting of the messengers of twelve churches, viz., Roxbury, Dorchester, Braintrje, Dedham, Charlestoune, Cambridge, Watertoune, Sudbury, Salem, Lynn, Row- ley, and Newbury ; each church to send two messengers to meete at Ipswich the first third day of the next month, & having informed themselves of all proceedings and transactions of the churches of Ipswich & Boston in reffer- ence to M'' Nortons setling at Boston, in way of office, or so much thereof as they shall judge necessary to begett a right vnderstanding of the whole case or cawse of obstruccon, (they may if they please,) first endeavor by argu- ments and Christian advice to perswade each chixrch & party concerned there- in to doe theire duty, or otherwise, according to the order and power of a councill to declare the minde of Christ, what is fui-ther to be done by the churches of Ipswich and Boston, or M'' Norton, in reference to his setling at Boston, or retourning to his charge at Ipswich, that so, if it be the will of God, peace and vnitje may be renewed & continued in the churches.
Whereas the church of Boston, aboue two yeares since, mooved the church of Ipswich to giue vp theire reuerend teacher, M"' Norton, to the seruice of Christ in the church of Boston, w'^'^ the church of Ipswich not assenting vnto, the case was, by the mutual consent of the two chinches, committed to a councill, which mett and gaue m theire advice and determination to the church of Ipswich in February, 1652, wherevppon the church of Ipswich, in answer to the motjon of the church of Boston, passed theire vote of February 31, which by the church of Boston is vnderstood to be a consent to theire mo- con, whereby they were free to addresse themselves to M'' Norton, to invite him to accept of a call to ofiice, and he at libertje to accept thereof; but vn- derstanding the church of Ipswich gaue another sence of theiie vote, they sent
VOL. IV. PART I. 29
226 THE RECOKDS OF THE COLONY OP
23 May.
16 55. messengers in Nonember ffoUowing to tte cliurcli of Ipswich to expostulate the meaning of the sajd vote, at which meeting the chuixh of Ipswich denjed they had in the sajd vote, or any act preceding the sajd vote, consented that M"" Norton might accept of office in Boston chiu'ch ; wherevppon the chmch of Order for a Boston desired the help of a councill, and gaue notice thereof to the cliurch Ipswicb. ' °^ Ipswich to send theire messengers to decide the qutestion, who, meeting at Boston in Nouember, 53, gaue theire advice and judgment, as may appeare by the acts of the councill, to which the church of Ipswich haue, notw^standing seuerall endeavo", not signified theire assent or dissent, being sequally divided vppon the question, as wee are credibly informed ; by occasion of all which proceedings, wee cannot but w"' sorrow of harte take notice of the great and vncomfortable distraccons in the church of Ipswich, the differences yett re- mayning betweene the two churches in reference to M' Nortons sethng at Bos- ton in way of office, which threatens the dissolution of the church of Ips- wich, together w* the disappointment of the church of Boston and the coun- tije by loosing M' Norton, while the two churches are contending for him ; the issue of all which would be of sad, if not destructive consequence to the peace and welfare of the churches, which wee acknowledge oiu' duty by all lawfidl nieanes to endeavor to prevent, and having seriously considered there- of, wee cann thinke of no better expedient agreeable to the minde of Christ then to call a councill of the elders and messengers of churches to helpe in a case of such difficultje and daunger. Itt is therefore ordered and desired, that the churches at Eoxbury, Dorchester, Braintrje, Dedliam, Charlestoune, Cambridge, Watertoune, Sudbury, Salem, Lynn, Newburry, and Kowley doe each of them respectively send two messengers, to meete at Ipswich on the second Tuesday in June, to consider and advise in the p>mises, viz., to en- deavor to compose and setle the distractions at Ipswich, to give theire judg- ment vpon the case in difflsrence betweene the two churches, whereby M'' Nortons way may be cleered, and the obstruccons which haue or may hinder a comfortable issue of this long difference may be remooved, and the peace and quiet of the churches maybe procured and setled ; and to prevent delajes, itt is expected and desired, that the church of Ipswich and the chm-ch of Bos- ton, by theire messengers, & all persons concerned, give this councill, at the tjme and place aforesajd, the opportunitje of meeting w"^ them, to declare what shall concerne themselves, or the councill see cawse to inquire of their in reference to this buisines ; and wee haue desired the honnored GoQno'', M' Bradstreet, M' Russell, & Cap? Edward Johnson to be present at the sajd meeting, to prevent any inconvenience, & more particularly to impart our desires & intencons if neede require; and itt is ordered, that M' Robt Pajne shall take care for the entertajnement of the sajd councill, and all psons
THE MASSACHUSETTS BAY IN NEW ENGLAND. 227
concerned therein, w*'' shall be sattisfied by the Tresm-er. And itt is fuither 1655. ordered, the said counciU haue libertje to adjom-ne to some other place if they ^ '
. '' 23 May.
shall see cawse. By the Court.
ED: RAWSON, Secre!.
*In ans"^ to the peticon of the inhabitants of Nonotucke, humbly desiring [*198.J
Ans^ to None tucke peticon.
the establishment of goQment amongst them, theire peticon is graunted, and ^^^'' *° ^°^°
itt is ordered, that Willjam Houlton, Thomas Bascome, & Edward Elmer shall & hereby are impowrcd as the threemen to end all smale causes, ac- cording to lawe here, they repajTring to Springfeild, to M'^ Piuchon, M' Holiock, &5, who are authorized to give them theire oathes, as also the connstables oath to Eobert Bartlett.
lu ans'' to the peticSn of Jn° Alcocke, the Court, being sattisfied in the Ans' to M' Jn- conveyance of M'' Norris for fewer hundred acres of land, and of the graunt peticon. of 24:3 acres of the foiu- thousand acres graunted to Roxbury, and of M"' Pals- graues dispose of the 200 acres of land to his -nife, and of the peticoners right therevnto by a letter of attorney vnder the hand and sealc of M" Anna Pals- grauc, doe order and graimt, that eight hundred forty and two acres of land be lajd out vnto the peticbner, as is desired, by Eusigne Jn" Sherman ; pro- vided, that no just clajme of any other children of the ffather of the peticSners (if any be) be thereby impajred vnto the two parcels of 400 & 242 acres of land in this peticon expressed.
Itt is ordered, that Cap? Leuerets case, refen-ed by the councill to this 29 : 3 : 55. Court, shall be heard on the morrow, att one of the clocke.
Itt is ordered, that these five cases, i. e., Elias Parkman ag' Cap? Dau Gookin, Elias Parkman ag' Capt Eotjt Fcnn, Mounequasson ag' Hugh Bat- ten, Capt Robt Keajne, &5, ag' W"" Planton, and Capt Keajne, &d, ag' M' Robt Knight, coming, of course, to be heard and determined by this Court, shall be called & heard one after another, on the 3'* day next at nine of the clocke in the morning.
In the case depending betweene Elias Paikman, plaintiffe, & Capt Dann Gookin, defendant, in reference to the sajd Parkmans vojage to Virginea, the Court, on the hearing of the case and all partjes concerned therein, doe judge, that although there were five persons, old & young, shipt aboard the sajd Parkman by the defendent, yett, in regard two of them' were very young, he shall be allowed for transporting thi-ee persons and a halfe only the soiiie of Judgm' of
. _ 1 -IT Court in Elias
seven pounds, and for a parcell of goods which he carrjed twenty shiUmgs ; paj-kmans of w'^'' fewer pounds tenn shillings is found pajd in a parcell of tobacco ; but '*^^- nothing due to the plain? for the fower thousand of bread w'='' was shipt on
228 THE RECORDS OF THE COLONY OF
165 5. another vessell ; so that the Couit finds for the plaintiff three pounds tenn ' ^1 ' shillings damages, and two pounds five shillings and eight pence costs.
29 May. . •
_",..' In the case betwecne Capt E«t)t Keaine and M"' Josiah Winslow,
Capt. Kcajne ^
& M' vvinsiow plaintiffs and attovu-ney for the vndertakers of the iion works, and INI' Hdht
in M' Knights . , . .™ • i -nr
case nou- Kuight, defendant, the Comt doe judge the plaintiffs are nonsuited, M"' Bxa e . Winslow not appearing, nor any for him, according to law, and Capt Keajne
refusing to give securitje, according to lawe, to be responsall in case the de- fendant should recouer against him, but declared that he would rather yeild vp his coinission then so doe. Parkmans case The Court, w"' consent of parties, respitted the hearing & determination
ag« Cap' Fenn ^^ » g^gg betweenc Elias Parkman & Capt Fenn to the next sessions of this
respitteu, &c. *' ^
Court in October next. Monnequas- 111 the Case of Monnequassom & Hugh Batten, the partjes, bj^ consent,
w™4rIwnT w"'<ii"ew for present, in hope to agree.
Courts judg- In the case of Capt Keajne and M"' Josiah Winslow, plaintiffs, and M'
^^^ T ' 'r Jn° Gilford, defendant, for breach of couenants, referred to this Court, the
Giffords case of ' ' ' '
breach of plaintiffs not appearing, the Court declares the plaintiffs to be nonsuited.
couenant.
r*1QQl *^^ ^^^^ ^° ^^^ peticon of Thomas Wisewall & Jn° Jackson, inhabitants
Tho. Wisewall °^ Cambiidg, &d; itt is ordered, that M"^ Nowell, M"" Richard Russell, Capt &jn»Jacksons j^jj^^id Johnson, and Capt Ehazar Lusher be a comittee to heare what the
peticon, &c, for
avillag. peticbners, as also the chiurch of Cambridg, shall alledge, either for the
graunting or waving theire propposicons, and to make retourne to the next sessions of this Court of theire apihencons therein, vnlesse the church of Cam- bridg and the peticoners come to some setlement in the meane tjme, to whom the peticoners should first apply themselues for releife. Ans'toM' 111 ^iis"' to the peticon of M'' Symon Eires, Jn° Stone, Jn° Whitney, W"
Eires, &c, Page, &6, the Court judgeth it meete to referre the peticoners to the retourne Courts confir- of the cdEissioners appointed to setle the matters in differenc betweene them
macon ofy» i • r^ -i ^ no- i i
acts of Major whose acts this Court doth approove oi, & contjnew, as tliey are presented to Wiiiard M^ this Court, and ai-e on file.
Danforth, & '
Ensigne sher- Jq ans"" to the peticon of M"^ Edniond Broune, Peter Nojes, Sen, Walter
man.
A 't M' Haine, & difi others, inhabitants of Sudbury, &<3, itt is ordered, that Major Broune, Svmon WiUard, Ensigne Jn° Sherman, and M' Thomas Danforth are & shallbe
Walter Haine, '' __ °
&c, peticon, in appointed a comittee w"' full power and authoritje to heare and determine all g ,, the differences betweene all or any of the inhabitants of Sudbury in reference
to what is mencbned in the peticon, w"^*" is on file. Ans' to Bob' " ^^ ^^^'^ ^o the peticon of Robt Lord for a revejw of his case ag' Nathaniell Lords peticon. Boulter, the Court graunts his request, & ordered notice to be giuen to the
sajd Boulter, w'^'' by warrant was donn accordingly.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 229
In the case of Eofet Lord, plaintiffe, and Nathanlell Boulter, defend', on 1 G 5 5. the hearing of the cawse, the Court finds for the plaintiffe. " '' '
29 May.
Whereas a majo'^ for the county of Suffolk is wanting, itt is therefore q^^^^jj, ■^^^„^, ordered, that the secretary shall forthwith issue out warrants to each cap? in i^ Kob' Lords
case.
the seuerall tounes of the county of Suffolke, and require them to send in order for theire voates, according to lawe, for the choosing of a new maior, the votes to '^^°i'"^ °^ *
' " ° ■' new major.
be sent in to Boston, sealed vp, on the 13"' of June next, to be opened as the lawe requires. This was donne accordingly.
Whereas M'^ W" Worcester, M'' Jn" Brocke, and M"" Vallentjne Hill CoiBissioners were chosen coinission" by this Coiu-t and invested w"' full power to heare ^, ^^^^^ ^f and determine all matters in difference betweene the toune of Yorke and M"" '''"^''®- Godfry in relation to the graunts of certaine lands, which accordingly they haue endeavored to doe, and made theire retourne to this Court, against which the inhabitants of Yorke haue made some objections respecting the con- firmation of vnknoune graunts made by the sajd M'' Godfry before the date of theire retourne, as also the graunts of lands f?judicijall to the toune, which this Court having considered of doe judge meete to re invest the aforesajd coiiiissioners w"" full power, and doe heereby desire them, w"* all conveniente speede, to make revejw of theire retourne, and, if it may be, by consent of all persons engaged, to compose the same to mutuall sattisfaction ; or, if other- wise, to make vse of such theire power to correct or amend what, in theire vnderstanding vppon further information, shall appeare to be of evill con- sequence to the toune or any person concerned therein.
*The Court, having heard charge against Cap? Leueret, and his ans' [*200.] therevnto, in reference to the Dutch shipp called the Prophett Samuell, of Capt.Leuerctts
censure.
Amsterdam, and vppon a serious consideracbn thereof, doe judge, that such actings (w^out the consent or allowance of authoritje heere established) is a confronting of this goQment, and tends highly to the infringing of our liber- tjes, discouraging of trade, and destructive to our comfortable being heere, if permitted or connived at, and therefore cannot but approove of the proceed- ings of the councill in this case, and theire just and due care to vjihold the authoritje of tliis coiiionwealth, w"' the libertjes and priviledges thereof; but forasmuch as the sajd Capt Leueret doth solemnly prottest his fidellitje to this goQnment, and the due honnor that he beares therevnto, and that had he fore- seene his actings and proceedings would haue binn offencive he would wholly haue forborne the same, — vppon these and the like consideracSns, the Court is not wilHng to heighten his censure proporccSnable to the demerit of his offence, but shall only adjudg a graue and serious admonition to be given him by the Gofino"^ in the name of this Comt, hoping that this our lenitje will be so im- prsoved by him as may deserve the further favor of this Court.
29 May. Comissioners
230 THE RECORDS OP THE COLONY OF
1655. The admouitioii was given accordingly, the whole Court being together.
Itt is ordered, that Capt W" Torrey and Capt Richard Brachett are ap- pointed by this Court to appointe both tjme and place for the meeting w"* to lay oiit the such coiiiissioners as shall be chosen by the Gennerall Court of New Pljm-
marish at i ■ i n ■ /-> i
Connahassett. outh, and joyne w'° them to lay out that niarish lying at Lonnahassett, belonging to this jurisdiccSn, according to the former agreement betweene the coiiiissioners of this jurisdiccon and New Pljmouth, as thereby may appeare, making theire retourne to the next Com-t.
Ans' to Jn« In aus"^ to the peticon of John Ridgeway, itt is ordered, that M"^ Jor-
potiCon.' daine haue liberty to try his acoon for that particular case exj)ressed in the
answer to his peticSn the last Gennerall Court, provided he proceed to trjall at the next County Court for that countje ; otherwise Jn" Ridgeway to haue libertje to proceede with his accon in ]\Iiddlesex Coiut or elswhere, ac- cording to lawe ; and the Court doth further judg, that no advantage shall be taken against the peticoner in reference to what hath past already at Cambridge Court in this case.
Ans' to Jn» In ans"" to the peticon of Jn° Blood, humbly desir-ing this Courts con-
00 spe con. g^-j^^fj^j^ ^f ^ farme of fewer hundred acres, w'"'' was lajd out by order of this
Court to M'' Sam Haugh, nere Concord, of whom he purchast it, though it
be not rightly bounded, that so further troubles maybe prevented, the Court
graunts his request.
Ans' to Lynns In ans' to the peticon of the inhabitants of Lynne in reference to the
first pte thereof, the Court declares, that an order is made this Court that provides that countjes build and maintajne theire oune bridges, to which they are referred to the latter part. Itt is ordered, that not only the petitioners, but also all the tounes in this juiisdiccou, shall haue liberty to prevent the coming in of such as -come from other parts or places of these jurisdiccons ; and doe therefore further order, that all such persons as shall be brought in to any such toune w^out the consent and allowance of the prudentiall men shall not be chargeable to the tounes where they dwell, but, if necessitje re- quire, shallbe rcleived and majntajned by those y' were the cawse of tT^eire coming in, of whom the toune or selectmen are hereby impowred to require securitje at theire entrance, or els forbid theire entertajnment. r*201 1 *Considering the vrgent occasion of the countrje in gennerall respecting
Ord' ab' Lynne the bridge in the countrje highway at Lynn, and that the Countje Court
^'^^se- is jiot till the end of this month, itt is ordered, that M' Edmond Bat-
ter, of Salem, M' George Giddings, of Ipswich, iP Joseph Jewett, of Rowley, M"^ Thomas Layton, of Lynn, or the major part of them, shall be a coinlttee forthw"* to consider and carry on the compleating of the sajd
THE MASSACHUSETTS BAY IN NEW ENGLAND. 231
bridge, and the next County Court shall proportion the charge to the tounes in that countje, according to the lawe made tliis sessions.
This Court, considering that bridges in countrje highways are for the „ , benneffitt of the countrje in gennerall, and that it maybe very vnequall to lay y° charg of all
r 1 • • 1 ' ' ^ r t i bridges in
the charge for such services on particcular tounes, itt is therefore ordered, that each county. from tjme to tjme, vppon informacon or complainte to each County Coiut of any necessitje or neglect in such cases, the Court shall appoint a coinittee to vejw, consider, and determine the same, and that the charges shall be ap- proporcfined by the magistrates in each Countje Court, to be levjed vppon the seuerall tounes in each countje, according to the directions of the lawe, for countrje rates vppon the estate in each countje ; & the lawe made in the 8 m°, 1648, that layeth the charg of bridges on particular tounes, is heereby repealed.
In ans'' to the peticon of the inhabitants of Braintrje, the Court, hauing Cosuttee for ordered that all bridges in countrje high wajes, as neede shallbe, shall from , ^P°"^® tjme to tjme be made and maintajned by each countje in which they are ; and that the bridge at Naponsett Riuer is wholly ruined, and that there is, as is alleadged, necessitje of a cart bridge ouer that riuer in some place neere Cap? Stoughtons mill, which, if deferred, cannot be made vp before the winter, itt is therefore ordered, that Cap? Thomas Savage, EUiazer Lusher, M"^ CoUicott, M' W™ Parks, Thomas Dyer, and Deacon Basse, or the majo"" part of them, shallbe a comittee to consider and determine whither to errect a bridge there, and if so, then to agree w"' worke men for the same, and to retourne the same to the next County Court, who shall approporcon the charge according to lawe.
In ans'' to the peticon of seuerall inhabitants of Salisbury, itt is ordered, Ans' to Tho. that the bridge George Carr is building & providing for one part of Sallisbury petiCon m Riuer, being in such forwardnes, should contiiiew, and mavbe improoved for '^'^'''"'^'"'^ '° ^^•'
' J 1 Cans bridge.
publlcke good, and the next County Court at Hampton is heereby impowered to order the same, so that the trans^iortacon of the peticouers hay be obstructed as litle as maybe, and that the sajd bridge be lett fly for the month of Septem- ber, that so the peticbners may haue due tjme to transport theire hay w*''out any lett or hinderance during that tjme ; and the sajd George Carre is to keepe a Bufficijent ferry boate on that side.
In ans'' to M' Houchins request for liberty to lay doune his ensigns place, Ans' to M' the Court graunted his request. peticSon^
In ans' to the peticon of Jeremiah Houchin, itt is ordered, that an inventory Ab> Grosse his of the estate of Edmond Groce, deceased, being truly brought in to the next County Court for SuSblke, the estate shallbe thus divided : i. e.. The -n-iddow shall haue one third part of the whole estate ; the eldest sonne a double
232 THE RECORDS OF THE COLONY OF
1655. porcon, and the rest to be divided betweene the rest of the children, part and ' ' part like.
29 May.
Norfolk Courts "'■'''' ^^ Ordered, that M"' Samuell Synionds and Capt Thomas Wiggins shall
to be kept by l^gepe the Coiintv Courts in Norfolke for the yeare ensuing.
M' Symonds & ^ "^ _ . .
Cap' Wiggins. *In ans'' to the peticon of Deane Winthrop, in behalfe of Samuell Win
[*202.] throp, his brother, itt is ordered, the peticbner be sattisfied by the Tresurer Ans' to Sam. in such pay as the countrje affords, the third part of the two hundred pounds
"Winthiops
peticon. due to the sajd Samuell Winthrop, provided he haue and shew forth a suf-
ficijent power, by letter of attourney or otherwise, to receive and give discharge for the same. Ans- to Edw. In ans'' to the peticon of Edward Kibby, itt is ordered, that the house
ab' Garret ^^^ lands of Garrett Bournes, now vnder seizure by the countrje, shallbe dis- Boumes child, posed of for his childs vse by the selectmen of the toune of Boston, provided theire power extends not to make sale of the same, but the propriety to re- majne to the child. Ans' to Grace In ans'' to the petic8n of Grace Porter, craving the favor of this Court for
peticon. liberty to sell the house & lands she stands possessed of, menconed in liir pe-
ticon, the Court graimts hir request, so as Daniell Smith, of Water Toune, husband of the daughter of Tho Rodgers, haue notice given him by Jn° Sher- man of the Court condiscencon, vnlesse the sajd Smith, at the next sessions of this Court, shall shew cause to the contrary. Ans' to Edw. In ans'' to the peticSn of Edward Brecke for the remittment of a fine of
^ jec s p I fQ^^yrgj. pounds, imposed on him for refusing the counstables office, the Coiut
sees no cawse to graunt his request. Ans' to seOil In ans'' to the peticon of seuerall Scotshmen, no proofe nor probabilitje
cote mens appearing of what the peticbuers affii-me, the Court sees no cause to graunt theire request. Ans' to Henry In ans'' to the peticbn of Henry Woolcott, of Winsor, on Conecticott, itt is
^- ordered, that all proceedings about the thirtje pounds seven shillings menconed
in the peticbn be suspended, and that itt remajne in statu quo prius as before the execution levyed, vntill the peticbner may haue opportunitje either joynctly w* Nicholas White, or in the name and right of the sajd White, though his consent should be wanting, that the peticbner, either by himself or his attorney, may haue opportunitje to revejw or try an accon as aforesajd, for the cleering of the title of the land sold by the peticbner vnto the sajd White, in the County Court to be held at Boston in the S"" or 8'-^ m° next. And if the land shall be recouered of M"' Hutchinson for the sajd White, then the bills for the thirty pounds seuen shillings to be null, w'^'out more im- pleading of White ; and also that the magistrates then shall determine all
THE MASSACHUSETTS BAY IN NEW ENGLAND. 233
damages respecting M"' Woolcot & Nicholas White, in reference to all former 1 G 5 5. proceedings by theire impleading each of other. ' "^
29 May.
Whereas wee, whose names are herevnder written, being authorized by the Coniissioners
to tn,lc6 jicco^
honnored Gennerall Court, held at Boston, October, 1654, to deale in matters of Yorks of diiference amongst vs in Yorkshire, about country charges, wee not being estates, &a. able to act according to the vttmost extent of our order, for want of light, but according to our best abilitjes wee haue effected so much as is sattisfactory to both partjes herein, notw"'standing the person appointed for Kittery in this buisnes refused to apply himself to the honnored Courts order, and hath not brought in the valuation of theire estates, yett wee haue fairely & favorably acted for them as for ourselves, indifferently, as may appeare by these seuerall somes that follow, as wee are credibly informed to walke ; & in valluation wee finde these pticculars to be that charge which necessarily ariseth aequally propor- tioned from the countjes estate on Kittery, w"* y* part of He of Shoales belong- ing to it 45 15 00
ToYorke, 17 17 00
Wells, 13 10 00
Cape Porpus, 04 08 00
Saco, 10 05 00
91 15 00
Subscribed,
ABRAHAM PREBLE, EOB^ BOOTH, JONATHAN THING, GRIFFIN MOUNTAGUE.
The Court approoved of y° retourne.
*In ans' to the peticon of Christopher Lindsey, of Lynn, humbly craving [*203.1 some sattisfaccon from the country for his wound in the Pecquod service, losse Ans' to Chris' of time, & charg of cure, itt is ordered, that the peticoner shall be pajd three petiCon. pounds, in sattisfaccon of his months pay & damages sustejned by his hurt.
In ans' to the mocon of Joseph Joncks, Seil, itt is ordered, that Joseph Jcncks engine Jencks, Sen, and his assignes only shall haue libertje graunted to them to make that engine the sajd Jencks hath proposed to this Comt, for the more speedy cutting of grasse, for seven yeares, and that no inhabitant, or other j)er- son w"'iu this jurisdicc3n, during that tjme shall make or vse any of that kind of engine w^'ont license first obtajned fi-om the sajd Joseph Jencks, on the
VOL. IV. FART I. 30
234' THE RECORDS OF THE COLONY OF
1655. poenalty of five pounds for euery such engine so made or vsed, to be re- coured at any Court in this jiu'isdiccon by the said Joseph Jencks, Sen, or
29 May.
his assignes.
Cap' Leueretts The whole Court being mett together. Cap? Leuerett was sent for and
&c & he rectus appeared, who publickely professed that he was mistaken in producing that to in Curja. ]jg ^ record w* was not ; & y' if he had knoune so much before as now, he
should haue binn farr from making vse thereof, or producing it, & w'^'' is a farther aggravacSn that he should produce that which is so ofFencive, and ap- peares to be no reccord, when he was not necessitated in that cawse to produce it ; w'^'' acknowledgment the Court accepted of, and declared, that whereas Capt Jn° Leueret, for his late acting in refference to the Dutch shipp, was by this Court censured, & suspended the exercise of liis office of captaiue, &d, whereby the libertjes and authoritje of this gouernment are vindicated, which was the intent of that sentence, not the losse of the helpe of any vsefull person, which wee are willing to improove ; and the Court, being well pswaded that the sajd Capt Leuerett will according to his profession and duly direct his actings for the future to the advancement of the welfare and authoritje of this gouern- ment, haue reversed that part of his sentence whereby he stands suspended the excercise of his office, & doe heereby restore him to his place, & y' he is rec- tus in Curja as before. Ans' to Georg In ans'' to the petic8n of George Munings, humbly craving the remitt-
""'"^^ ment of two fines imposed on him by the County Court, itt is ordered, that
the five pounds fine be remitted him, & the other be abated to fewer pounds, provided it be forthwith sattisfied, and that this Court heare no more of it. Ans' to Ded- In ans'' to the peticbn of the inhabitants of Dedham, the Court refers the
peticoners to a course of lawe for relcife in the case menconed in theire peticSn. Ans' to Georg In ans'' to the peticon of Georg Parkhurst, itt is ordered, the peticouer be
petiSon. allowed to make sale of the land therein mcuConed, j)rovided that two tliird
parts of the price be left in the hands of '^i' Browne for the vse of the two eldest sonns, to be pajd them when they shall come to twenty-one yeares com- pleat, and in the meane tjme to be improoved for theire benefitt. Ans'towid'. In ans"' to the peticSn of M"^^ EUino'' Hooke, late wife to M' W"
Hookspeiicon. jjQQjj,g^ deceased, the Court judgeth it meete to impower hir, the peticoner, to make improovement of the estate, & lands, and produce thereof, of hir late husbands, M' W™ Hooke, and to demand, receive, and recouer all debts, rents, revennews, and proffitts thereof, for the discharge of just debts, and accoiiiodacon of hirself and youngest Sonne mencSned in the peticon, but not to make sale of any lands till this Court take further order therein.
In ans"' to the peticttu of M"^^ Ellinor Hooke, craving that shee might be
THE MASSACHUSETTS BAY IN NEW ENGLAND. 235
impowred to make sale of such lands at Accomenticus, now Yoikc, that hath 1655.
binn formerly appi-opriated to Capl Norton, heretofore hir husband, & lajd out "" — ^ '
to him, and recorded in the booke of reccords there, the Court doth graunt the *''"
petieoner power to make sale of all such lands to and for hir oune vse as shall clearely appeare sometime to be the estate of Capt Norton, as is desired in hir peticbn, provided there be no legall convejance of the land heeretofore made.
*Ia ans'' to the peticbn of Edward Saunders, craving the favor of this [*204.1 Court for the leaving of from his necke his sentencd halter, the Court, having Ans'to Edward receaved some testimony of some good effect his other punishment hath pro- petiCon" duced, doe graunt his request.
In ans'' to the peticon of Richard Pooly, itt is ordered, that the peticbner Ans' to Poolys be released out of prison on his putting in twenty pounds securitje to the ^'^ "^°°' keeper of the prison, to answer for his offence at the next Court of Assistants.
In ans'' to the peticon of Timothy Cooper, craving the remlttment of the Ans' to Timo- forfeiture of a tenn pounds bond, wherein he stood for the good behaviour of "'y.?'"'P'^ John Jarvice, the Courf remitted the same to twenty shillings.
In ans' to the peticon of M'" Deane Winthrop, M'" Jn" Tincker, M' Tho Groaten a new Hinckley, &(3, & of Leiu W-" Martin, Timothy Cooper, &6, the Court P'^°'''"°°- judgeth meete to graunt the petlconers eight miles square in the place desired, to make a comfprtable plantacbn, which henceforth shall be called Groaten, for- m-'ly knoune by the name of Petapawag ; that M"^ Danforth, of Cambridge, w"^ such as he shall associate to him, shall and heereby is desired to lay It out w"'all convenient speede, that so no incouragement may be wanting to the petlconers for a speedy procuring of a godly minister amongst them ,• provided, that none Bhall enjoy any part or porcbn of that land by guift from the selectmen of that place but such who shall build bowses on theire lotts so given them once •w"'in eighteene months from the time of the sajd tounes laying out, or tounes graunt to such persons ; and for the present, M'" Deane Winthrop, M'' Jn° Tincker, M"' Thomas Hlncly, Dolor Dauis, W"" Martin, Mathew Harrington, Jn" Witt, and Timothy Cooper are appointed the selectmen for the sajd toune of Groaten for one two yeares fi-om the tjme it is lajd out, to lay out and dis- pose of particcular lotts, not exceeding twenty acres to each house lott, and to order the prudentlall affaires of the place ; at the end of w'^'' tjme other select- men shallbe chosen, and appointed in theire roomes, the selectmen of Groaten giving M' Danforth such sattlsfaction for his service and paines as they & he shall agree.
Whereas M' Nathaniell Edwards, about 18 mon"== since, on his retoume Order ab' from Berbadoes, departe this life, and administracbn to his estate was ^^*!'^"^^- graunted to Joseph Hills, of Maulden, vnto whom, for his funerall and other-
236 THE RECORDS OF THE COLONY OP
1655. wise, there is something due, as also to M"' Theoder Atkinson, M'' Thomas ■'^ Broughton, & Nathaniell "Williams, w'''', if they should be issued by sute of
29 May. .
lawe, might be troublesome to Courts, and shortning the estate, to the losse and daiiiage of the credito''s, itt is therefore ordered by this Court, that all such debts as aforesajd, and otherwise, as shall be made to appeare vnto the magistrates of Boston or Charlestoune Court, and by them be allowed of to be truly due out of the sajd Edwards estate, shallbe sattisfied as farre as the sajd estate will extend w*out suite in lawe.
Ans' to Steven In ans'' to the petioon of Steven Day, of Cambridge, craving that the
graunt of this Court of three hundred acres of land to him for recompence of his care and charg in furthering the worke of printing, w* was in the yeare 1641, might be recorded, the record whereof appeares not, the Court graunts his request, and doth hereby confirme the former graunt thereof to him.
Ans' to Ann In ans"^ to the peticon of Ann Colcord, wife of Edward Colcord, the
Coicor 3 Coiut doth graunt the peticbner liberty to revejw any case according to hir
desire to recouer any hir just rights. •
[*205.] *In ans"^ to the petic6n of Cap? Brjan Pendleten, the Court declares, that
Ans' to Cap' j^g jj^^ f^\[ power from this Court, the last yeare, to act in the premisses, and
Pendletons
peticon. expected an inventory of that estate to be brought into this Court accordingly,
and therefore expect the peticoner should proceed according to an ordinary course of lawe for the accomplishment of this Courts order in the case. Ans' to M' In ans'' to the peticon of Thomas Kemble, of Charlstoune, humbly
gp^ craving craving that some course might be taken for his releife, y' his
accompts might be audited in reference to his m', M'' Rich, &6, the Court judgeth it meete to leaue him without other answer than this, i. e., that, vntill he be sued heere by his master. Rich, or his attourney, who cann best sattisfy the truth of his accompts, and who hath also power to accept of them and give him a discharge, or he may sue his master. Rich, in England. Ans' to M' In answer to the peticon of Joseph Hill, Abraham Hill, Jn° Wajte, Jn°
petiSon ''' Sprage, Ralph Shephard, Jn" Vppam, James Greene, & Thomas Call, in w"** they humbly acknowledg the offenc they gaue to the Court & seuerall churches about the ordjnation of M"^ Mathewes, &6, and therein also craving a remittment of thirteene pounds six shillings and eight pence, p' of a fine not yett sattisfied, the Court doth well approove and accept of the peticoners ac- knowledgments of theire irregular actings in those times, but vnderstanding much, if not most, of the fine being pajd for, & that the rest is secured and should long since haue binn pajd in, they see not cawse to graunt theire
request in that. Ans' to Nor- folk peticon. In ans"' to the peticbn of of Samuel Hall & Henry Dowe, in behalfe of the
THE MASSACHUSETTS BAY IN NEW ENGLAND. 237
county of Norfolke, craving some releife of this Court for the ease of y" county in p' of thcire County Court charges, the Court declares the lawc hath already provided for such cases.
In ans' to the peticbn of Richard Marjerum, the Court judgeth it meete An' to Rich. to referr the peticoner for releife in his case to a Court of justice. petiCon
In ans' to the peticon of Zackariah Fitch and Josiah Dasten, itt is or- Highway by dered, that the last countrje high way mencoued in theire peticon shall, and is heereby, suspended from being made vse of for present, and that the first high way formerly lajd out shallbe made vse of and accouniptcd only the countrje highway till this Court shall take fm-ther order, that so not only pres- ent coutencons and sujtes of lawe may be prevented, but further opportunity for better inforniacSn may be giuen to this Court for the regulating thereof.
In ans"' to the peticon of the inhabitants of Concord, the Court doth Ans' to Con- graunt them five thousand acres of land for feeding, according to theire pe- ticon, provided it hinder not any former graunts.
Vppon informactSn from Majo'' Willard, by a letter from Esdras Read, a new pianta- Edward Spalden, W" Fletcher, &6, inhabitants of a new plantacon, that the c"i"^-f j noumber of inhabitants, according to the time p>fixt in the Courts graunt, were there settled at theire request, the Couit doth graunt the name thereof to be called Chelmsford.
In ans"" to the peticbn of seuerall proprieto''^ & inhabitants of Shawshin, Biliireca, new humbly desiring a tract of land lying nere the lyne of the farmes of John and ^ '"''°' Robert Blood, & so along by the side of Concord Riuer, &d, the Court graunts Con of Shaw-
. . ^ ^ shin, alias
theire request m that respect, so as it hinder not former graunts, and graunt BiUiricay. the name of the plantacSn to be called Billii-ikeyca,
The Court doth graunt the president, M' Chancy, fiue hundred acres, Biliireca free of former graunts, & not hindering a plantacon, so as he continew in y' j^^^' „aunted place three yeares. t" M' Chancy.
In reference to the second particcular retourned by the coiiiittee in M"' Courts judgm' Giffords case, the Court doth judge that M"" Gyfford was legally discharged "ge abo' 50" ^ from the execution levjed vppon him for ffivety odd shillings by the apprise- execution, 23
June.
ment of a peece of ordinance, vppon which the execution was levjed, and therevppon the gunn was legally apprised to the vse of Capt Keajne.
*M'' Edward Rushworth, deputy for Yorke, on his vrgent occasions, at [*206.] his request, is dismist from any further attendanc on this Court. M' Rushworth
In ans"' to the peticbn of M"' Charles Chancy, praesident of Harvard j^^^.^gw Colledge, &(?, the Treasurer is desired to disbiu-se the soine of thirty pounds Chancys peti-
. £on> P° 26.
to furnish his necessary occasions, to be repajed out of the first rents of the ferry.
238
THE RECORDS OF THE COLONY OF
1655.
29 May.
The Court, hauing heard the deposicons of Elias Parkeman & Joseph Beamis in reference to reproachful! & scandalous speeches vttered by M' W"" Aubrey, hearing also his ans'', ordered the sajd M"^ Aubrey should be severely reprooved in open Court by the GoQno', and that he therevppon make a publicke acknowledgement of such his reproachfuU speeches, or els to be bound to his good behaviour during the Courts pleasure. This was donn & pformed accordingly.
In ans' to the desire of our beloued bretheren & neighbors, the inhabit- itants of Shawshin, requesting imunitjes & freedom from all publicke rates & charges at Cambridg, and that all the land of that place, aswell those appertain- ing to the p''nt inhabitants of Cambridge as those graunted them by the Court, might belong intirely to that place, for the better incouragement & carrying on of pubHcq, charges that will necessarily there fall out, —
Cambridg &
Shawshins
agreem'.
"Wee, whose names are vnderwritten, being impowred by the inhabit- ants of Cambridge, at a publicke meeting of the toune, the SO**" of January, 1654, to make such propposicons & conclusions therein as to vs might seeme most meete & aequall, doe make theise following propposicons w"" refference to the compljance of the aboue named, o' beloved bretheren & neighbors, the inhabitants of Shawshin, and the approbation of the Gennerall Court for the full conclusion thereof: That all the lands belonging to that place called by the name of Shawshin, with its appurtnances or latter graunts made by the Gennerall Court, as well those the proprietye & peculiar right whereof be- longcth to any particcular person, as those graunted by the toune or church of Cambridge to that place for a touneshipp, as also those given by the inhabit- ants of Cambridge for the furtherance and incouragement of a plantacon there, shall be one iutire touneshipp or plantacon, alwajes freed & acquitted fi-om all manner of comon charges & rates, of what nature or kindesoeuer, due or belonging of right to be pajd vnto Cambridge by virtue of any graunt of that place vnto them by the Gennerall Court.
2. That whensoeuer any of the inhabitants of Cambridg, theire heires or assignes, whither in that place or elswhere, shall make any improovement of theire lands aboue praised, more or lesse, by fencing, building, or break- ing vp, or mowing of the meadows, euery such person shall pay to the coirion charges of that place, i. e., Shawshin, suitable to his or theire improovement of the aforesajd kind, in due proporcon w* the rest of the inhabitants in that place, the whole estate and improovemcnts of the place being lajd at an aequall & proportionable rate.
3. That the inhabitants of Shawshin shall, at all time and tjmes heere-
THE MASSACHUSETTS BAY IN NEW ENGLAND. 239
after foreuer, acquitt & discharge the inhabitants of Cambridge from all coinon 16 5 5. charges, rates, dues, dutjes, & incombrances by any manner of wajes or ' >r— ^
29 Mav
meanes due by them, to be pajd, executed, or performed, by vertue of theire interest in that place, given vnto them by the graunt of the Gennerall Court. 4. That whensoever any of the inhabitants of Cambridge shall alienate theire p'nt interest in any of the above named lands from themselves & heires, then the sajd lands shall, in all respects, be liable to coinon charges of that place, as though those particcular persons had theire graunts thereof made them fioni the sajd toune, or plantacon, of Shawshin.
*5. That no person or persons which either haue had or hereafter shall [*207.] haue any lott or allotment graunted them in the aboue named touneshipp of Shawshin, in case they make not improovement thereof by building and fencing, especially the houselott, shall haue any power to make any sale or guift thereof to any other person, but such land and alotments shall retourne againe to the toune, i. e., Shawshin ; and in case, after such like improove- ment, any person shall then remoove, to the deserting and leaving theire bretheren and neighbors that haue adventured by theire encouragement to setle there w*"^ them, no such person or persons, for seven yeares next ensuing the confirmation heereof shall haue power to make either sale, or guift, or any aljenation thereof to any person or psons whatsouer, saue only vnto such as the greater part of the inhabitants then resident at Shawshin shall consent vnto and approove of
6. That in case any greivance shall hereafter happen to arise, which for the present neither side foresee, nor is heereby clearely determined, that then all such matter of greivance or difference shallbe from tjme to tjme heard and determined by meete persons, three or five, indifferently chosen by the pru- dentiall men of Cambridg & Shawshin.
And these aforementjoned proppositions to be subscribed by all the present inhabitants of Shawshin, and by all such as heereafter shall haue any alottments graunted them there, and retourne hereof made to the inhabitants of Cambridg vf^Hn tenn dajes after the end of the first ses- sion of the next Gennerall Court. Given vnder our hands this 17"" 2 in, 1654, by vs,
HENRY DUNSTER,
RICHARD CHAMPNEY,
EDWARD GOFFE,
JOHN BRIDGE.
These propposicons are accepted of and consented vnto by vs the present
240 THE RECORDS OP THE COLONY OF
16 55. inhabitants of Shawshin ; and wee doe humbly craue this honnored Court to ' "^ "^ confirme and record the same.
29 May.
Yo'' humble servants,
RALPH HILL, Sen, WILLJAM FRENCH, JN° STERNE, W« PATTIN, GEORG FARLEY, RALPH HILL, Jun, JN° CROE, JAMES PARKER, JONATHAN DANFORTH, HEN: JEFTES, W CHAMBERLYN, JN° PARKER, ROBT: PARKER.
Theire request was graunted by the Com-t.
Graunt of It is Ordered, that the iland called Catta Hand, being about a two acres,
Jn» Endecot ^Y^^^S neere to Marble Head, shall and is heereby graimted to Jn° Endecott, ^^1'- Esq), the honnored Goiin'', & to his heires.
Ans' to Cap' In ans'' to the peticon of Cap? Thomas Wiggins for such a quantitje of
200 ac" anted ' ^^^'^^ ^^ the Court shall judg meete, in recompence of his service at Yorke,
^^^' Kitteiy, Wells, &S, the Court doth graunt liim two hundred acres of land,
in such place where he shall choose, on the riuer that leads vp to Choche-
chowicke, to be lajd out by M'' Edward Rushworth, M'' Hateevill Nutter, and
M"^ Edward Starbucke, or any two of them, at his charge, making theire re-
tourne to the Court.
M' Pajnes bill An account was presented to this Court of the charges expended at Ips-
refer"oV° wich, at the councills meeting there, w'^'' amounted to twenty fower pounds sev-
counsiii at enteene shillings and three pence, w*^"" the Court allowed of, & ordered the
Ipswich.
Tresurer to make M"" Robt Pajne the best pay he can to that vallew.
Left. Turners A like accompt was brought in by Left Robt Turner, of the charges of
or y sam ^.j^^ counsell, expended at Boston, to the valew of three pounds foureteene shil- lings and tenpenc, w'^'^ the Court allowed of, & ordered the Tresurer to make him sattisfaction.
Ans' to Eliza- j^ ^^gr jg ^j^g peticon of Ehzabeth Rider, hir husband havinsf left hir
beth Riders -^ °
peticon. and five smale children, and no meanes to majntajne both hir and them w"*
THE MASSACHUSETTS BAY IN NEW ENGLAND. 241
necessaiy ffoodc and apparrell, &S, desiring libertje from this Court to sell a house and land in Dorchester, wliich hir father, W™ Lane, gaue to hir and hir children, itt is ordered, that the select men of the toune of Boston shall haue power to dispose of the sajd howse and land, either by sale, mortgage, or other- wise, as they shall judge meete, for the vse of the peticouer, w"'' this Court doth heereby confirnie and allowe.
*Itt was voted by the whole Court, that M' GyfFord shall be sent for, and [*208.] hath libertje to come w"" his keeper to the Court, to ans' in his case.
Itt is ordered, that this night this Court shall be adjourned to the last 8:4; 55. fowerth day in October next, at eight of the clocke in the morning.
The same night, the Court, meeting together, adjourned to 7 of y" clocke next morning.
The Couit, meeting at the tjme, reassumed the debat about M' GifFords buisnes, and itt was put to the quaestion, because tjme was streight, whither this Court should be adjourned to Twesday come three weekes. The Court resolved, by vote, it should not be adjourned to Twesday 3 weeks, but to the fowerth third day in October next.
On the importunate request of M' Gyfford, at last the Court voted, that this Court should be adjourned to Wendsday next come seven night at eight of the clocke in the morning, to heare M"' Gyffords case.
M"' Robt Knight & M"^ W"" Phillips came into the Court, and engaged to sattisfy the charges of the Court.
The Court adjourned accordingly.
The Court mett att the tjme appointed, being 20"' June, 1655. 20 June.
Itt was voted by the whole Court, that by the words ' to heare M' Gif- fords case,' in y"= last vote of the last sessions, is meant the whole case. M' Gyfford appeared, & y* remonstrance he presented was read in open Courte. After some agitations about M'' Giffords buisnes, M'' Josiah Winslow appeared before the Court, where M"' Gifford was, and after some time allowed him to determine whither he would proceed in the case, he did, in open Court, voluntarily expresse himself that he did lay doune his coinission or power that he had from M' Bex and Company.
Whereas tliis Court did graunt to M'^ Gyfford to heare his whole case, and Courts judg- no defendant appearing, the Court sawe not cawse to proceed ; itt is therefore mg-^jjig ^^^^ ordered, that the sajd Gifford, making out legall processe, shall haue his cawse, •w°^ was trjed in Nouember last, betwixt the attornejes of the vndertakers of
VOL. IV. PAKT I. 31
242
THE RECORDS OP THE COLONY OP
1 G 5 5.
20 June.
the iron workes and the sajd GyfFord, heard by way of revejw, at the next ses- sions of the Gennerall Court, in October, and that in the meane tjme the sajd Gifford, putting in sufRcijent bajle, to the value of twenty three hundred pounds, to render himself a prisoner at the prison at Boston, the second day of the next sessions of the Gennerall Court, and in the mean tjme once euery month to ap- peare at the meeting house in Boston, there to continew during the time of the lecture, and lye that night in prison, shall be freed from his imprisonment in the meane tjme, and be at libertje to follow his occasions ; alwajes provided, and it is to be vnderstood, that if the sajd GyfFord shall not, vppon the revejw of the action and libertje graunted by the Gennerall Court, reverse the whole judgment and execution now vppon him, he shall, for the remainder of the sajd judgment, in case part thereof be taken of, retoume and continew to the state and condicon wherein he now stands, for such soine as shall not be taken of vppon the revejw, w^'out any furthere execution or processe ; and it is de- clared by this Court, that if any one or two person or persons shall appeare at the sajd Court to defend the sajd action on the behalf of the vndertakers, the Court will willingly attend theire pleas.
[*209.]
M' Giffords bajle.
*M'' Sain Mauericke, of Nodles Hand, M'' W"" Bartholmew, of Ipswich, Safii Bennett, of Lynne, Evan Thomas, of Boston, & Left Thomas Marshall, of Redding, appeared before the whole Court, and acknowledged themselves justly bound to the Tresurer of the Massachusetts jurisdiccbn for the tjme being, in the full value of twenty three hundi'ed pounds, joinctly and seuer- ally, if the sajd M'' Gifford shall performe the order aboue written, in referenc to his being a true prisoner, one a month, and retoiu-ning him to prison on the second day of the next session of this Court, in October, no inevitable hand of God hindering. This was acknowledged by each of them in open Court.
EDW: EAWSON, Secret.
Itt is ordered, that the broad booke of M'' Gyffords, now in the hands of the secretary, shall be deliuered into the hands of M'' John GyfFord, to take a coppy of, so as he retourne it into the secretarys hand within eight weekes, vndefaced ; and before he receive it, to give the secretary a note vnder his hand of the foljos and seuerall Ijnes & soiSes in each page, that so if any alteracbn be made it may be knoune.
The two barrells of powder borrowed by y'^ Dejit Goliuo'' of the survejor
generall, & spent at y'= funerall of y' late Majo'' Generall Gibons, should be dis-
Major Gibens charged out of the countrje store ; and it is further ordered, that the thirty funerall.
two pounds of pouder spent on y" same occasion by Charles Toune shall be al- lowed them as an additjon to theire next yearly proportion of pouder.
Y» secret, to dd. M' Gifford his broad booke on con- dicon.
Y' countrjs allow, of pouder at
THE MASSACHUSETTS BAY IN NEW ENGLAND. 243
On certificat vnder the hands of Edw Hutchinson, Tho Danfoith, & Jn" 16 55. Sherman, y^ y" land graunted to y* military company at y" head of Cambridge "'
_ 20 June.
lyne out of y" wast land there, y* y^^ find there is not fitt acconiodacons for jiiiutary. such a farme, itt is ordered, y' y'' company may haue five hundred acres of y sajd land lajd out betwixt Cambridge and Concord lyne, neare to Concord lyne, w'^" is vppon Shawshira Riuer, as shall be found most convenient, and the other five hundred acres to be layd out vnto them out of y* coiuon lands yet vndisposed of in the southwest of Meadfeild.
This Coiut is adjourned to the 4"^ o"^ day in October next, being the twenty fowerth day of y' moneth.
*Jtt a Gennerall Court, held at Boston, the 24"' of October, 1655. [*210.]
24 October.
THE Court being mett, the question was put whither, the Magistrates and y- leg^llity of Deputjes now mett, itt be judged to be a legall Gennerall Courte, some y Court, members of the Coiu-t not appearing till late the night before. Itt was re- solved on the affirmative.
M' Samuell Mauericke, M' Bartholmew, Evan Thomas, &5, presented M' MaOick,
rt . y-. -I. 1 • 1 ^^^ Barthol.,
M' Jn" Gyfl^ord before the Courte, according to theire engagement, and re- &c, discharged. toumed him to prison, on which theire bond was discharged.
M"^ Jn° Gyffbrd, appearing before the Court, produced his attachment, M' Giffords
Ti/'T/-^ ,. «, attachm*of
dated the 15"^ of October, 55, w"^"^ was read before the Court, w'" a noate ot the ^^^ g. comp' connstable of Lynne, authorizing Edward Richards to be his attorney, to serve **'*'"• that attachment, who retourned he had attached a debt in the hands of Richard Hood, of sixteene pounds thirteene shillings and eleven penc, as be- longing to the old company of the iron works, together w"^ three muskitts, one sword, and one paire of bandeleeres, in y° sd Jn° Gyffords hands, and one axe & one spade in y" hands of Theophilus Bayly, as on y<' backside of y" attachment appeares.
Cap? W™ Hauthorne appeared before the Magistrates, and vndertooke to Capt. Hath- discharge the charges of theire house during the Coruts heai-ing of M'^ Gyf- t™^fs™Mge™
fords cause. the charge of
y Court in M'
The Court spent seuerall dajes in hearing what M"^ Jn° GiflTord could say, Giffords case. in reading & examining the best they could, no defendant appearing, and in pervsing the seuerall evidences then brought in, or y' was in the secretarys hands, having reference also to M'' Giffords bookes, which also was in Court, and proceeded to passe these votes herevnder exprest.
244
THE EECORDS OF THE COLONY OP
1655.
31 October.
Courts rejec- tion of M' Gitfords oath. 31:8rao,&o,.55.
M' Gifford charged \\^ 8«0t<> of iron, &o.
2 : 9 mo, 55.
2 : 9 mo, 55.
County Courts adjour"', 25 : 8 mo, 55. Heidens al- lowance.
[*211.]
Ans' to Edw. Michelsons peti. 31:8:55.
Ans' to Rosse his peticon.
A markett at Hampton efly 5"' day of y weeke.
M' Hubbards priviledge to marry, &c.
Nasons cen- Bure.
The qujestion being put whitlier M' John Gyffords oath shallbe accepted as an evidenc to cleare his accompts in reference to the iron workes, as the sajd accompts now stand, itt was resolved on the negative.
It being put to the quaestion, whither the receipt of M"' Gyffords ab stract, presented to tliis Court vnder M'' AubrSys hand, in reference to sixty five tonne seven hundred and twenty three pounds of barr iron, twelve tonne one hundi-cd two quarters of rod iron, seven tonne fower hundred one quarter and twenty five pounds of potts and cast ware, together with the deposicous of .In" Blajn" and Theophilus Bayly, doe legally proove the deliucry of one hundred twenty and three tonus eighteene hundred two quarters & twenty seven pounds of barr iron, nineteen tonne sixteene hundred of rod iron, & seven tonne seventeene hundred one half and eleven pounds of potts and cast ware to the sajd Aubrey, so as the sajd Gifford should be discharged thereof. Itt was resolved in the negative.
Itt was voted by the whole Court, that ]\I'' Gifford putting in as sufficijcnt baile for twenty three hundred pounds, as he did formerly, that he will render himself a true prisoner on the second day of the next sessions, shall hauc his libertje to goe abroad ; in the meane tjme the securitje to be put into the keeper, as two magis's shall adjudge.
Itt is ordered, that the next County Court to be held at Boston, being the SO"* of this October, shall be adjourned to the 6"^ of Nouember next.
In ans' to the peticon of Susan Heiden, craving this Courts charritable releife in referenc to the afflicting hand of God on hir in referenc to hir sonn, the Court judgeth it meet to allow the petictiner, for tliis yeai'e, five pounds, to be pajd her out of Braintrje countrje rate.
*In ans'' to the peticon of Edward Michelson, the Court judgeth it meete to confirme the lawe respecting strong waters & other flfees therein exprest to him for two yeares more.
In ans' to the peticon of James Rosse, a Scotchman, the Court graunts his request, i. e., his liberty to goe home w*'' his master, John Euddocke, on his humble acknowledgment of his fault and promise of his good be- havioiu'.
At the request of the toune of Hampton, by theire deputy, itt is ordered, that there shallbe a markett kept there one day in euery week, viz., on the fifth day, which is theire lecture day.
Itt is ordered, that M' W'^ Hubbard shall and is heereby impowred to marry David Fiske, of Cambridg, & Sarah Wilson, of Ipswich, if they are pubUshed according to lawe.
The Court, having considered of the seuerall testimonjes brought in
THE MASSACHUSETTS BAY IN NEW ENGLAND. 245
against Richard Nason, the prisoner now accused for blasphemy, doe not judge 1655. him so guilty of that fact as that by oiu- lawe he ought to dye, but judge that ' ' "^ he shall bring in securitje, to the value of forty pounds, before some of the magistrates, to be of good behaviour, and so to stand bound during this Courts pleasure, and discharge the prison before he be released, and allowed Philip Chestly, a wittnes against him, two pounds sixteene shillings costs.
The Court, having heard & considered the seuerall testimonjes brought in Indjan maids
C6Tlfi 111*6
against the Indian majde, who hath been on trjall for killing of another majd by shooting of a charged peece, doe not finde hir guilty of wilfull murther, so as by our lawe shee ought to dye, yet for such a great misdemeanor, for ter- ror to others, and to prevent the like practizes for y" tjme to come, doe sentence hir to be whipt with tcnn stripes.
In answer to the peticon of ]VP Richard Hitchcocke, after the Courte had Ans' to M' fully hearde the case betweene him «& Thomas Warner, the Court determined, peticon ag- that notwithstanding what evidenc Thomas "Warner produced in the case, the ^"°''''- sajd Hitchcocke was free from blame in graunting the hue & cry, and that he should be allowed thirty shillings costs by the sajd Warner.
This Court was adjourned to Twesday sevennight, being 13"^ instant, at eight of the clocke in the morning, 2"* 9 m°, 55.
The Court mett againe on the IS"" of Nouember, 1655, the time appointed. 13 November
Present, Jn° Endccot, Es^, GoQ, Capt Tho Wigins,
Ri Bellingham, Esf , Dep' GoQ, Majo"' Genn' Dennison,
M'' Symon Bradstreet, Majo' Symon Willard,
M' Sam Symonds, Majo'' Humphrey Atherton. Capt Robert Bridges,
Forasmuch as this Court is informed there are some wittnesses in Col- cords case that were not allowed theire charges, itt is ordered, that it shall be in the liberty of Salisbury Court to sattisfy such wittnesses charges out of the fower pounds thirteene shillings in M"' Stanions hands, as a fine to the coim- trje, w* yett is not pajd in.
Itt is ordered, that the rate for this yeare, together with an addition of Prices of com one quarter part more, be paid in wheate and barly at fower shillings and *°J° ''"""^''J® sixe pence p bushell, pease at fower shillings, rye at three shillings sixpenc, and Indjan at two shillings and sixe pence, and that onehalfe of the rate be pajd in wheate, barly, or pease ; the Indian come to be pajable the tenth of March.
246 THE KECORDS OP THE COLONY OF
1655. *This Court, taking into tlieire serjous consideracon the great necessitje
^1 of vpholdiug the staple comoditjes of this countrje for the supply & support
of the inhabitants thereof, & finding by experjence that the bringing in of
Prohibition of ™<iulte, wheate, barly, bisket, beife, meale, & flower, which are the princippall
malte, &c, on conioditjes of this countrje, from forraigne parts, to be exceeding fi>judjcijall
poenalty of
confiscation, to the subsistance of this place and people here, haue therefore ordered, that no person whatsoeuer, either inhabitant or straunger, shall, directly or indirectly, after the first of March next, import into this jurisdiccon, from any part of Europe, any of the aforesajd provissions, vnder the poenalty of confiscation of the same, (except it be for the shipps provision,) that shall be so imported, landed, sett to sale, or otheruise disposed of, contrary to the intent of tliis order ; and it is further ordered and enacted, that all marshalls, & conustables where no marshall is, in the seuerall tounes in this jurisdiccon, are heereby required & impowercd to make dilligent search w'Mn theire respective tounes & harboin-s where any such provisions are landed, sold, or otheruise disposed of, and to make seizure of the same for the vse of the countrje, for w<''> each and euery marshall & connstable shall haue allowed them oil fowerth part of what shall be so seized, for theire care & paincs heerein ; and all former lawes concerning impost vppon any of the provissions aforesajd are heereby repealed. Senjoriety of Whereas this Comt hath formerly ordered, that in all tounes where tlie
cap m OS on. ^Q^jj^]jgj. q£ souldiers shall arise to two hundred, they shallbe two companys in such tounes, and it hath pleased God to increase the toune of Boston, that acording to that lawe they are become fower companjes, it is therefore ordered by this Court and the authoritje thereof, that the aforesajd millitary companjes of Boston shall take theire senjoritje amongst themselves by turnes, viz., one company one day and another company another day, &d, and so to continew till this Court take further order therein. Comitteeof This Court cannot but be very sencible of the state and condicou of this
^'^ ^' countiy in respect of the mannifold wants already vppon vs, & fearing what
may further ensue, if Gods prouidence prevent not, beyond what wee are for present able to see, doe judge it necessary, & account ourselues bound, to vse our vtmost endeavors for the procuring of suitable suppljes, and, as a meanes to attajne such an end, haue thought it meete to referr it to the seuerall coiuittees heereafter nominated to meete together in theire respectiue countjes or otheruise, if they shall judge meete, then and there to consider of some such way as whereby both merchandizing may be encouraged & the hands also of the husbandman may not wax weary in his imployment, and, for begetting a right vnderstanding and a loving compljance betweene both, they may ad- vise together or assuadge as they see cawse, & the result of such theii-e meet-
13 November,
THE MASSACHUSETTS BAY IN NEW ENGLAND. 247
ings to present to the next Gennerall Courte, to be confirmed and allowed as 16 55. they shall judge meete, and to consider of some way to regulate in point of ■workemens wages, if any way may be found. The names of the persons to be implojed in this worke are, for SufFolke, the honnored Gouernor, *C'apt Savage, [*213.] TNI"' Broughton, Capl Lusher, Lieutennant Clap, & M"' W"" Paddy ; ffor INIidle- sex, ISIajo'' Symon Willard, M' Richard Russell, Capt Norton, Cap? Johnson, M' Collins, and M"" Joseph Hills ; for Essex, Majo' Gennerall Dennison, M' Robert Pajne, M'^ Edmond Batter, M' Joseph Jewett, M"" IMetcalf, and M' Woodman ; ffor Norfolk, Cap? Thomas Wiggin, M'' Robert Cleomans, M"^ Samviell Wiuslowe, & Samuell Hall, and with each of theise comittees the time and place of meeting the seuerall magistrates are to appoint.
Itt is ordered, that euery counstable that now is, or heereafter hath binn. Constables w"'in this jurisdiccbn, shall, on the pcenalty of forfeiting of five pounds, cleere to make vp vp all theire accompts w"^ the Treasiu'er for the rates of theire seuerall tounes, '^ ^'"^"
r r ' w* y« tr>r.
by the fir'st of May yearelye, & from yeare to yeare, till the Court take fur- ther order, & they and euery of them are heereby impowred to impresse boates or carts for the better & more speedy sending in the rates according to the tjmes appointed by lawe.
In ans'' to the peticon of Henry Messenger, humbly craving (that, Ans' to Henry whereas he is recorded as guilty of a lye in the comissioners of Boston booke ^etijo"^'*'^*' of records, for saying he had corrected his sonne for his miscarriage at the meeting howse, when the youth, on examination, sajd it was his mother that corrected him, &6,) that that judgment of the sajd coinissioners might be re- uersed, the Court graunts his request, viz., the reuercbn of that judgment.
Itt is ordered, that the marshall gennerall, after notice giuen to such of The marshalis the tounes as are behind in the payment of what the lawe requires for the i^^^ ^, „, late Castle rate, shall, at or before the tenth of March next, goe to such tounes *°"°^^ ""= ^^-
" hind in y
and collect the same with such sattisfaction as the lawe allowes. Castle rate.
Itt is ordered, that when what is behind fr-om the tounes about the Castle Major Ather- rate be brought in, if there shall be more need, it shallbe in the liberty of (.harsTa b-iiof jSIajo"^ Atherton to charge a bill on the Tresm-er for twenty pounds, that so it ^o" on y
• ^ Treasurer.
may not lye for a small matter vnfinished.
Itt is ordered, that the capt of the Castle shalibe contjnued in that place capt. of the for another yeare, and till this Court take fmther order, on the same sallery ^^^^^^ "^Tt' as was allowed the last yeare, if he accept thereof.
This Court, taking into consideracon the good seruice of M"^ Flyut, lately U" Fiynts ex- one of the magistrates, and being informed that his estate is much diminished, (.Qu^try rates and his widdow and children much streightned, doth order that the estate of the sajd widdow, during hir widdowhood, shall be fi-eed fr-om payment of all countiy rates, leauing the toune to act as they see cawse in referenc to toune rates.
248
THE RECOKDS OP THE COLONY OF
1655.
13 November. Ans' to M" Dells peticon.
CoiEittee ab' Hampton & Salisbury.
[*214.]
Order ab' Dan. Smith & Grace Porter.
Ans' to Edward Rice his peticon.
Ans' to Edw.
Bracks
peticon.
Couns table oath of Hing- ham to be taken by Cap' Hubb'd. Ans' to Jane Hawkins petic.
Ans' to M' Carre.
In ans'^ to the peticon of Abigail, the ■widdow of George Dell, itt is or- dered, that the sajd widdow shallbe allowed one third parte of what howses & lands hir sajd husband djed possessed of during hir life, and also one third part of the rest of his estate to be given hir for euer, and the rest to be diuided be- tweene the children, shee giving in securitje to the County Court for the same according to lawe.
Whereas there hath binn a difference betweene Hampton and Salisbuiy about running the Ijne betwixt them according to the retourne, itt is therefore ordered, that M"' W" Pajne, M'^ Edward Woodman, and M"^ Mathew Bojes are appointed a coiuittee, & impowered to goe on y'' place and determine, by way of explanation, where the direct Ijne shall runne betweene them ; and what shall be donne by them, or any two of them, retourned vnder theire hands to this Court in May next, shall be a finall issue betweene them.
*Itt is ordered, that Daniell Smith shall haue his liberty at the next Court of Elections to bring in his reasons why Grace Porter should not sell the howse and land, as was graunted the last Court, any thing in that order not- withstanding, giving the sajd Grace Porter notice thereof fower dajes before the sajd Court.
In ans'' to the peticSn of Edmond Rice, of Sudbuiy, itt is ordered, that M"' Walter Hejmes & Lefi Goodenow shall and hereby is appointed a comit- tee to vejw the land menconed in the peticon, and make theire report haw they finde it to the next Court of Electjon.
In ans"^ to the peticon of Edward Breck, of Dorchester, humbly craving the remittment of a fine the law imposeth for refusing or neglecting to serve in y* office of a counstable, &6, the Court sees no cause to remitt it.
Capt Joshua Hubbard and the other two comissioners to end small cawses are hereby impowered to take the counstables of Hinghams oath for this yeare, making a retourne thereof into the County Court at Boston.
In ans' to the peticon of Jane Hawkins & hir sonns, itt is ordered, that the sajd Jane, the peticoner, shall haue liberty to come into this jurisdiccon for two moueths to transijort hirself to England, and when she is here, if she giue sattisfaction to y" County Court for the ofFenc given by hir to the Generall Court, that then shee shall haue hii- liberty to line & remajne heere.
This Court doth graunt the inheritance of Earn Island to M'' George Carre & his heires for euer.
Courts judge- M' Nowell, and wee whose names are heerevnto subscribed, being mett
inhabitants ^^ Cambridg vppon the Court day, the inhabitants of Cambridge, and some
of Cambndg & fai-jngi-g on the south side of the riuer, being come together, the inhabitants
y farmers.
of the toune of Cambridg declared themselves vnwilling to enter into the
THE MASSACHUSETTS BAY IN NEW ENGLAND. 249
debate of that case presented to the Gennerall Court formerly by the farmers 165 5.
aforesajd by way of peticon, because M'' Eussell, who was one of the coinittee, " '' ""
1 1 1 c 1 tk <• 1 • • • 1 • 13 November.
was absent ; wherevppon wee left the case w'^out lurther inquiring therein.
EDA¥: JOHNSON, ELIAZ: LUSHER.
Major Wlllard, in roome of M' Nowell, deceased, and Cap? Clarke, in roome of Capt Johnson, are by this Court appointed to joyne w"^ M"' Russell «&: Cap? Lusher, pte of the former coinittee, to act therein, Majo' Willard to appoint the time & place of meeting, & make theire retourne to the next Court of Election.
Vppon the request of the inhabitants of Charlestowne, M' Richard Rus- Comissioners sell, Ralfe IMouseall, and Thomas Lynde are appointed as commissioners to ^^^gp^ ™* end smale cawses there, according to lawe. Charles Touue.
* Whereas there hath binn a difference betweene Rowley & Newbury [*215.] about running the Ijne betwixt them, according to graunts from Newbery, itt Comittee to
determine the
is therefore ordered by this Court, w"" the consent of the deputy of Rowley, ijne bet. New- and Capt Gerrish, and M"' Woodman, of Newbury, that Deacon AVhiple, of ,"'^'' °^' Ipswich, M'' Hall, of Salisbury, and Ensigne Hewlett shall be a coinittee, who are heereby impowered to goe on the place and vejw the same, and to setle & determine where the Ijne shall runn betwixt them ; and what any two of them shall, vnder theire hands, determine, shall be a finall issue betweene them, making retourne thereof to the next Court of Election to be recorded.
In ans'' to the peticon of Thomas Lake & ptners, M' W"" Bartholmew, Divicon of M'' Sara Wiiisly, & M"" Sam Hall are heereby appointed & impowred by this "^'"1'^'^° Court as a coiiiittee to goe to Swampscott only at present, & according to the pattent thereof, & the order of this Court, made 18"» May, 1653, make a just divicon thereof, and make retourne of what they doe to the Court of Election for confirmation, and that w* hath reference to Dover is respitted vntill another tjme.
In the case of Thomas Kemble & Tho Jenner ag' Jn" Pearce for taking Courts judKm< & detayning theire vessell & goods, w* was taken at Kinnibecke, after the " •'^"^'^^ ^ hearing of the evidences, the Court declares, that at present they see not cawse to determine it, but referr the plaintlfFes to prosecu? theire rights aii in- terest before his highnes the Lord Protector, in England, by way of com- plaint or peticon, as they shall see cawse.
In ans'' to the peticon of Richard Dexter & Job Lane, humbly craving Dexter &
the remittment of the forfeitures of theire scucrall bonds of five pounds ^^^f = S"®'
'■ remitted to 40».
apeece for that they brought not Alice Muzzcy before the last County Court to answer the seuerall things that were lajd against hir, they having attended VOL. IV. — r.vRT I. 32
250
THE RECORDS OF THE COLONY OF
Capt. Norton, capt. to y millitary compa at Charls Toune.
[*216.]
Courts ans' to M' Cleves, &v, remonstrance.
that Court, & not being then called, went home, not out of any wilfull neglect of theire duty, itt is ordered, that the peticoners shall haue all theire seuerall fines remitted to twenty shillings apeece, provided the peticoners bring the id Alice before the GoQno'' or Dep GoQner w"'in sixe dayes.
In ans"" to the request of the millitary company at Charles Toune, Cap? Frauncis Norton is allowed, and by this Court confirmed, as theire captaine.
In ans"^ to the propposicbns presented to this Court by M"^ George Cleaves, implojed by seuerall inhabitants of the northerne parts of our pat tent, pretended by them to be the province of Lj-gonia, the Court, having considered & com- pared the patents produced by M' Cleves with our oune, doe finde ours to haue the precedency, and so consequently the lands in dispute to be our prop- per right by pattent, lying & being scittuate within three miles to the north- ward of the most northerly part of ISIcrremacke lliuer, the bounds graunted vs by pattent, as may appeare by the originall, a coppy whereof wee haue deliuered, according to the desires of the sajd inhabitants, to iP Cleves, to- gether with the testimonjes of the survcjor of the most northerly part of Merremacke, and also of those that observed the parrallel lattitude vpou the sea cost in or ncare vnto the Bay of Casco, the search whereof, though de- ferred for some yeares, cannot prejudice our right when knoune, nor strength- en the title of others, becawse wee did not in particcular challenge the vtmost of our bounds, which wee could not in modesty doe till wee had thereof some assurance, though our gcnnerall clajm hath binn constantly from the first to three miles northward of the most northerly part of the sajd riuer in length & longitude, thro the majne land from the easterne sea to the sea on the west ; and therefore all graunts, orders, or combinations to, concerning, or of any persons within the sajd limitts, are invallid, null, & of no force or obligation vppon the consciences of any, nor is there any feare of imputation to any vppon that account. How fairely wee haue demeaned ourselves to all our neighbo''^ in all our references & concernments, wee leaue to them to testify as they see cawse. *How since wee haue knoune our Ijmitts ^yee haue civilly and freindly ordered oiu* right to the inhabitants of those parts, hath binn to theire consent & approbation, neither was threatning euer objected to vs till now, too soone because too vnjustly vppon those that are innocent : wee haue and doe modestly demauud our right, and cannot accept of a denjall from those that ought to yeild it, nor consent to any forbearance thereof, becawse wee haue no doubt therein, and finde that thereby wee doe but furnish others to object against vs. Wee haue not endeavored to infringe the liber- tjes of the planters of those lands, but haue offered them the same with our- selves, nor to enrich or case ourselves by taxing theire estates ; wee expect
THE MASSACHUSETTS BAY IN NEW ENGLAND. 251
no more thea what they formerly did, viz., beare theire ounc charges ; nor doe 1 G 5 5. wee sceke to put vppoii them that which wee oiu'selvcs woukl couut vna^quall, ^^^^^^ viz., to subject to such hxwcs and constitutions made by others without theire consent, it being the portion of most of oiu- present inhabitants, as of the sub- jects of most countrjes, to be in no other capacitje, the constitutions of gouern- ment & new moddell of lawes not being made in euery age of men, or vppon the arrivall of new coiners to a colony. If therefore the sd inhabitants shall endeavor to prevent vs in our just rights, wee must protest against theire pro- ceedings as vnjust, and shall ad\ise ourselves to take such course as shall evidenc our desires to acquitt ourselves honestly before God & men.
This Court voted an ans' to the Dutch goQno" letter, w'^'' is in the booke
of records for letters.
Ttt is ordered, that the secretary shall write a letter to M' Hopkins in the Secret, to
*i,u J.O WJL 3 ^ -r-k /-i n Tvnte a letter
name of this Court, & send the same to him, so as the Goano-^ & Dep^y GoUno' to M' Hopkins.
approove thereof
The Court also voted a letter to be sent to his highnes the Lord Pro- ^leuer^toy. tector of the coiuonwealth of England, &5, w^" is i^ the booke of reccords for letters, w"" y* Courts instruccons to Cap? Leueret.
Ttt is ordered, that Capt .In° Leueret shall & heereby is desired & im- Capt. Leueret
J . to act for TS
poured, according to instruccons given him, to appeare ior vs and act m our ^^^^^^ ^^^ behalfe'in all matters of concernment to vs, before the Lord Protector and his Protector, &c. honnorable councill in England.
Ttt was voted by the whole Court, that Jn" Cromwell, for trading a gal- Courts sen- Ion of strong waters, almost half a pound of pouder, & a tenn pounds ot shott, cromwell. shall pay to the Tresurer, as a fine to the countrje, the soiSe of twelve pounds, and that Jn" Tincker should pay tenn shillings for selHng now & then a gill of strong waters to y* Indians.
Itt was voted, that Ensisne Wheeler & Thomas Hincksman shallbe al- Ensigne
. . Wheelers &
lowed out of Cromwells fine three pounds for theire pames. Hincksmans
The Court, on a full hearing of the case of Thomas Warner in reference ^^^^^J^^^'^^^^, to his suff"ering by imprisonment for suspition of murder, doe judg meete to i„ wamers order, that he be allowed five pounds out of the coiuon tresury, and referr "»"*• him to make his full reparation on Tho Pvedding, y' accused him.
*Thc Court, further proceeding in the hearing & examining the evidences [*217.] in the case of M' Jn° Gifford and the vndertakers of the iron works in refer- ^^^^^^^^fj^, enc to the accSa of revejw, past these seuerall votes : — ". i5:9mo.65-
1. Itt was voted by the whole Court, that something shall be abated of the Courts judgment, in Xoucmber, 16-54, in M-- Giffords case.
2. That one hundred thirty eight pounds sixteene shillings and eight
252
THE RECORDS OP THE COLONY OF
13 November.
165 5. penc shall be abated out of that judgment, Noueniber, 1654, w* in the fewer papers appeared to be miscast.
3. It being put to the quajstion, whither the plaintifFe hath made any due prooffe of more disbursments, according to his orders and instruccbns contejned in the fower papers, then the two thousand five hundred pounds allowed him in the former judgment, the sallery not being considered in this vote, it was resolved by the whole Court on the negative.
Itt was put to the quaestion, whither auy more of the judgment which lyes against M"^ John Gyfford should be abated or no, then that w* hath already binn deducted vppon a mistake, and particularly his sallery for two yeares thi-ee quarters & something more. It was resolved on the affirmative by the whole Court.
Itt was voted by the whole Court, mett together, that M"^ Gyfford should be abated three hundred pounds out of the judgment of the last Court in Nouember, 1654, in referenc to the fower papers.
M'' Symonds, Capt Johnson, & Left Clap are appointed a comittee cosT'"^ '''" "^ to examine the bill of costs produced by Capt Keajne & M-^ Gifford, and retourne thelre thoughts to this Court ; w'^'' was donne accordingly.
M'' Robt Howard, being put into the publicke notarys place by the County Court, is approoved of by this Coiu-t.
"Whereas at the Geunerall Court in Nouember last, in the case depending betwixt M"' Josiah Winslow & Capt Robert Keajne, deputjes & attourneyes for the vndertakers of the iron workes, & M' John Gifford, late agent for the sajd vndertakers, the Court gaue judgment for the plaintiffs to the value of eigh- teene hundred ninety sixe pounds sixe shillings & eleven penc, as by the sajd judgment, compared with the ffoote of the last audit in the sajd case, (which the judgment referred vnto,) may appeare, as also adjudged the defendant to pay the workemens wages, or give secimtje for the same, leaving, notwithstanding, the sajd defendant to his liberty to make due proofe of any further disbursments (according to his orders and instructions) for the abate- ment of the sajd judgment or any part thereof; and whereas the sajd Gifford hath, according to lawe and by permission of this Court, ^ferrd a bill of re- vejw for the further clearing of his accompts and disbursements for the sajd vndertakers, though the Court sawe sufficijent cawse not to accept of his oune oath for the prooving of his whole accounts, yet vppon a full hearing and ex- aminacon of such pleas and other new evidences as he hath now presented, this Court hath adjudged, that the sajd Gifford shall haue allowed him, by way of abatement, out of the former judgment, the soiSe of three hundred pounds ; and for two yeares & tliree quarters sallery, the soiHe of two
Comittee to
M' Howard, publ. notary.
Courts judg- ment in Mf Giffords case.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 253
hundred and twenty pounds ; and for errors miscast by the auditors in some 1655. of the fower papers, vppon which part of the former judgment was grounded, ^" ' ^
, , 13 November
the soine of one hundred thirty eight pounds sixtecne shilUngs & eight
penc ; all which soiiies being deducted out of the former judgment, w"" the
costs of this Court, amounting to the some of ninety three pounds twelve
shiUings fewer penc, the former judgment in rcferenc to workemens wages,
and the remajnder stands good against him, together w"" costs of the former
suite now graunted to the vndertakers by this Court, being *eighty two [*218.J
pounds one shilling & two penc, in all twelue hundred twenty five pounds
nineteene shillings one penny, and the debts on accompt to belong to ISI'^
Gifford.
Itt is ordered, that Cap? Hauthorne shall pay, or cawse to be pajd, the Capt. Hau-
, .,,. o • T r^ T> ;v thornetopay
some of nineteene pounds thirteene shilinigs & sixe penc to i^ett ltot)t ig 13 g ^g Turnor, for the charges of the magis*s, expended in the Courts hearing of M' ^^"- Tumor. Gyffords case, this and the last session, according to his engagement.
This Court, finding some inconveniencjes in collecting of the countrje rate Ab« y countrje at this tjme of the yeare, in regard of Indian corne is not merchantable, doe order, that whosoeuer shall remove from one plantacon to another, or out of the countrje, betwixt this and the tenth of the first moneth, shall not haue libertje to make payment of theire sajd rate in Indian corne, but shall make sattisfac- tion, according to lawe, some other way, when they shall be required there- vuto. This order to continue vntil this Coiut meete againe to take further order heerein.
In ans"' to the petiGSn of Majo' Willard, Rot)t Merrjam, in the name of Ans'to Con-
. 1 • J- cord peticon to
diflse others of the toune of Concord, desiring libertje and authority Irom sell or phi" this Court to sell the house & land of Frauncis Barker, lately deceased, for ''""^'• the best advantage of his children, the house being much out of repajre, & the land to inconsiderable to defray the charges of repaire, the Court graunts theire request.
Thomas "Warner acknowledged before the whole Courte, mett together, Warners ac-
1 T^ /-i r^ ■ • lU knowledgm'.
that he had wrongfully charged the honnored Deputy Ooano'^ m saying the
letter he had produced was not the letter he coiiiitted him to prison by, for
which he was sorry. The Court accepted his acknowledgment.
Itt is ordered, that the Tresurer shall sattisfy the magis'' ferriage for Ma-is" to pay
■ c r ^^ ■ a- ■ ferriage, &c.
tjme past, they being for tjmc to come to sattisfy for theire oune tternages.
Itt is ordered, that it shall be left to the Gouernor, Dep* Gofln', Cap? Coisittee ab'
' . . ^ Capt. LeQ's
Wiggin, Cap? Sauage, & Capt Clarke to shew Capt Leueret his instruccons ; uistrucEons. and if anything is to be altered, it is referred to them to make a supply.
Itt is desired, that the depu'^ of each toune coiTiend the condicon of M-- Ab'M-Nowell
254
THE RECORDS OF THE COLONY OP
1655.
13 November.
Bayle to be taken for M' Gifford.
Secretary to d* M' Giffords books.
M' Chauncey to preach y« election ser- mon.
Nowells family to tlieire seuerall tounes, in referenc to some meete recom pence for the sajd M'^ Nowells service, by way of rate or otherwise, bringing theire retournes to the next Court of Election.
It was voted by the whole Court, then mett together, that the GoQno', Majo"^ Atherton, and the Tresurer shall take sufficyent bajle for M' Gyffords being a true prisoner to this Court till the Gennerall Court of Election next, when he is to retourne to prison the first day thereof, this bond to be given to the Tresurer for y* vse of y* countrje.
Itt is ordered, that the secretary and auditor shall forthwith^ take the foote of euery page in all M'' Giffords bookes now in the secretarys hand, which, Avhen that is donne, shall be deliuered to M' Gifford, the booke of bills ex- cepted, which also shall, w*Mn one moneth, be deliuered him, this to be donne w"' as much speede as may be.
M'^ Charles Chauncey, praesident of Harvard CoUedg, is desired to preach before the Gennerall Court on the next election day.
1656. *Att a Gennerall Courte of Electjon, held at Boston, on y 14<^ of
May, 1656.
14 May.
[*219.]
JN° ENDECOTT, Es^i, was chosen Goiino'- for this yeare, & tooke his oath in open Court. Rich Bellingham, Es^, was chosen Dep' GoQa', & tooke his oath in open Court.
M' Symon Bradstreet, M"' Samuel Symonds, Capt Rofet Bridges, Capt Tho Wiggin, Capt Danlell Gookin, Majo'' Dan Deunison, Majo"' Symon AVillard, Majo'' Humphrey Atherton, j
were chosen Assistants, & tooke theire oathes. was chosen IMajor Gennerall. *
Edward Rawson was chosen Secretary.
M'' Richard Russell was chosen Tresurer.
M'' Symon Bradstreet, 1 were chosen Comissioners for the Vnited Col- Majo'' Dan Denuison, J lonjes.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 255
Majo' Atlierton, 1 1656.
■«,r • r TT a r in reserve. >
Majo' HauthornCjJ v '
U May.
The names of such as were retourned from the seuerall tounes to serve at this Gennerall Court as Deputjes were as ffoUoweth : —
Salem : Majo'' "W""" Hauthorne.
Charlestowne : M"' Eich Russell, Ralph Mowsall.
Dorchester : Left Roger Clap, W John Wisewall.
Boston : Capt Tho Savage, Capt Tho Clarke.
Roxbury : M"' John Johnson, M"^ Philip Eliot.
"Watertoune : M'' Ephrajm Child.
Linne : M'^ Thomas Layton.
Cambridg : M"^ Edw Jackson, M'" Edw Collins.
Ipswich : M"" W" Hubbard, Left Jn° Apleton.
Newbury : W"" Titcombe.
Weimouth : Tho Dyer.
Hingham : Capt Joshua Hubbard, John Levitt.
Concord : M' Rofet Merjam.
Dedham : Capt Eliazer Lusher.
Salisbury : IM-- Tho Bradbury.
Hampton : Henry Dow.
Rowley : Maximillian Jewett.
Braintry : JI"' Peter Bracket.
Doner : Capt Richard Walderne.
Woobourne : Capt Edw Johnson.
Maiden : M"^ Joseph Hills.
Kittery : M' Tho Withers.
Yorke : M' Edw Rlshworth.
Springfeild : M'^ Elitzur Holjoke.
M'' Rich Russell was chosen Speaker for y^ session.
Itt is ordered by this Court and the authoritje thereof, that from hence- 3 comissionera
/•.I c ^ ^ • • /.,. T ., pou' to marry,
torth any one ot the three commissioners lor ending smale cawses in the seuer- &£. all tounes where no magistrate dwells, shall & hereby are authorized & impowred to solemnize marriage betweene partjes legally published, provided two of the sajd comissioners be present j and all other, coiiiisslons in this case are heereby
made void. Horses not to
•* be sold to
Whereas this Court, from tjme to tjme, haue binu careful! to restreijne Indjanson
11 /. _ . poenalty of
the abuse of amnition & other things of like nature from the ludjaus, -whereby lOO".
256 • THE RECORDS OP THE COLONY OP
1 056. they may cTisturbe our peace and safety, it is therefore ordered by this Court, that no person, on any pretence whatsoeuer, shall sell or any wajes dispose any horse, mare, or colt to any Indjan, on pcenalty of a hundred pounds ; and that this lawe shall be of force, provided each of the Vnited Colonjes shall establish lawes to restreijne theire inhabitants on like poenaltjes. [*220.] *This Court, taking into serjous consideration the present streights & ne-
cessitjes that lye vppon the countrje in respect of cloathing, which is not like to be so plentifully suppljed from forraigne parts as in tjmes past, & not know- ing any better way & meanes conduceable to our subsistance then the improov- ing of as many hands as may be in spining woole, cotton, flaxe, &S, —
Itt is therefore ordered by this Court and the authoritje thereof, that all hands not necessarily implojde on other occasions, as weomen, girles, & boyes, shall and heereby are enjoyned to spinn according to theire skills & abillitje ; and that the selectmen in euery toune doe consider the condicon & capacitje of euery family, and accordingly to assesse them at one or more spinners; «& because seuerall family es are necessarily implojd the greatest part of theii-e tjme in other buisnes, yet, if opportuuitjes were attended, sometjme might Order rcquir- be spared at lai-ge by some of them for this worke, the sajd selectmen shall ingy im- therefore assess such familyes at half or a quarter of a spinner, accordina; to
proovement of •' i ±^ ? G
all hands in theire capacitjes ; secondly, that euery one thus assessed for a whole spiner
6pinning, &c.
4. doe, after this present yeare, 1656, spinn, for thirty weekes euery yeare, three
pounds p weeke of lining, cotton, or woollen, & so proportionably for half or quarter spinners, vnder the poenaltje of twelve pence for euery pound short ; and the selectmen shall take speciall care for the execution of this order, which may easily be effected by deviding theire seuerall tounes into tenn, six, five, and to appoint one of the tenn, six, or five to take an account of theire di- vicon, and to certify the selectmen if any are defective in what they are assessed, who shall improove the aforesajd poenaltjes imposed vpon such as are negligent, for the encouragement of those that are diligent in theire la- bour. And it is further ordered, that the selectmen in all tounes within this jurisdiccon shall haue power to make such orders in theire respective tounes for the clearing of coinons for keeping of sheepe, as also for the time of putting rams to theire flocks, as they shall judge meete. And the deputjes of the seuerall tounes are hereby required to impart the minde of the Court, for the saving of y"' seede of hemp & flax. Orders in ^^ ^^ Ordered by this Court and authoritje thereof, that it shall be in the
refercne to y« po^ygj. of guery County Court to make vse of such prison as is at i)resent
house of cor- •■ •/ -i i i
rection. erected in theire county for a howse of correction, till the howses of cor-
rection be finished; also, to appointe & authorize the keeper, or some other
THE MASSACHUSETTS BAY IN NEW ENGLAND. 257
14 May.
meete person, to be master of that howse, as they shall thinke good. 3. That 16 56.
the selectmen of the toune, where such howse is appointed, shall haue liberty
& power to procure, in a voluntary & prudent way, some competent stocke of
hemp & flax, or other materialls, &, vj)pon account, to comitt the same into
the hands of the master of the howse, to be implojed at his discretion by the
labo'^ of such delinquents as shall from tjme to time be coiiiitted vnto him
from authoritje. That the stock being in value or kinde, preserved to such as
put in the same, & all the bennefit attajned by the labor of the persons
coiiiitted shallbe to the vse of the master, allowing only so much as will kcepe
the delinquent with necessary bread & water, or other meane foode^ut of the
same, as fewer penc out of the shilling earned by his or her labor. Tliat at
the first coming into the howse, the master of the correction howse himself,
or whom he shall procure, or in Avant of a fitt person, the coiuon corcctor, in
allowance by the Court, residing in the toune, shall whip the delinquent not
exceeding tenn stripes, and after that he shall imploy him or her by dayly
stint ; and if he or shee be stubborne, disorderly, or idle, and not performe
theire taske, and that in good condicon, it shall be in the masters power to
abridg them of part of theire vsuall food, or give them meete correction, as
the case shall requier from time to tjme ; & it shallbe in the power of one
magistrate to comitt idle persons, or stubborne persons against them that haue
authoritje ouer them, runnaways, coiiion diunkards, pilferers, *coiiion night P221.]
walkers, and wanton persons, as tending to vncleanes in speeches or actions
and the like ; and it shall not be in the power of the master to deliuer
out of prison vnless he hath a discharg or warrant vnder the hand of a
magistrate ; and if the delinquent be coinitted by the Court, not to be deliu-
ered but by order of the Court, or vnder the hands of the greater part of the
members of the Court betweene Courts. And euery County Court where
such howse is in being aie desired to consider & propound to this Coui-t, either
for the bennefit of the master or of the implojment in tliis howse, what may
incourage or further the same. This order not to be in force after one yeare.
For the better ordering & selling of seuerall cases concerning the mill- Miiutary
• 1 1-1 • i- 1 order3.
tary companyes w^'in this junsdiccon, which, vppon experjenc, are found 4_
either wanting or inconvenient, it is ordered and declared by this Court & the authoritje thereof, that henceforth no negroes or Indjans, although servants to the English, shall be armed or permitted to trajne, and that no other person shallbe exempted from trayning but such as some law doth priviledg, or some of the County Courts or Courts of Asistants, after notice of the partjes desires to the ofilcers of each companye to which they belong, vpon just cawse, shall dismisse. 2. And it is further ordered and declared to be the VOL. IV. PART I. 33
258 THE RECORDS OF THE COLONY OP
14 May.
1656. minde of this Court, in election of millitary officers, that henceforth none but howseholders, free men, & such as are already listed, having taken the oath of fidelitje before the date hereof, shall haue liberty of vote. And whereas this Court hath made seuerall orders concerning the precedencjes of captaines and theire companjes, none of which sajd orders doth reach the case of the fower companjes of Boston, being of aequall standing, this C'oiurt doth therefore order, in reference to them, that theire precedency shallbe for the present, & from tjme to tjme heereafter, according to the prioritje of theu'e comissions. 4. It ia ordered by this Court, that no troope within this jurisdiction shall exceede ^e noumber of seventy listed souldjers, who shall all be furnished according as the lawes doe provide ; and it is expected that the capl of the sajd troopes respectively, & the majors of the regiments, & majo'' gennerall doe, in theire respective charges, take care that the orders concerning troopers be duly executed; & becawse some troopers, living remote, doe often avojd the poenaltjes of the lawes, by reason of the intollerable burden put vpon the clarkes to demaund & levy the same, it is therefore heereby ordered, that the clarkes of the troopes, for theire charges & travajle in levying of all fines, shallbe allowed the fees of the marshall, to be by him levyed & dis- trejned, together w"" the fines, provided no distresse be made w*in one month after the ofFenc, that the partjes may haue libertje to plead theire excuses to the officers. And it is fiuther ordered, that no trooper shallbe draune out of the county by the captaines & officers thereof vppon any occasion or pretence whatsoeuer, nor for exercise only, or at the regementall meetings, but by order from the majo' gennerall, & by his coiuaund ; and for explanation of that pticcular in the lawe respecting troopers, made in the 3''^ mo: 48, for free coiiionage for theire horse in any of the toune coiiions where they inhabit, it is declai-ed by this Court, that it is not, nor shallbe, vnderstood or intended of such coinons as are appropriated to particcular persons, vnlesse it be in time of excercise only, provided that such appropriated coinons be valued and rated in the annuall assessment, as all other reall & persouall estate is or by lawe ought to be donne. And for the more constant supply of a comon stocke of pouder and aiiiunition, it is ordered, that the survejor gennerall shall yearely give an account to the councill of the sajd stocke, that accordingly the Gennerall Court, being by them informed, may, out of the f)ubUcke treasure, make a contract supply according to the neede of the countrje. Hen. Nortons Itt is ordered, y' y' fower pounds thirteeue shillings & fower penc or-
dered & allowed by y* County Court at Yorke for Henry Norton for his journeys to y" eastward on y"^ Gen)" Courts occasions be speedily pajd him by the Tresurer of the coimtrye.
recompenCi 4. 13. 4.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 259
*Vpon observacSn of some inconvenjences, and for easing the countrje 165G. respecting the choice of county Trcsurers, it is ordered by this Court and ^
• rr" ^^ May.
the authoritjc thereof, that after this present yeare the chojce of countje Tres- nooo i urers in each toune shall be made vppon the day of theire giving in of votes c^y^^jg for magistrates, and sent by the same person to theire shire meeting, and there Tresurers,
^ when chosen.
be opened and signified to the seuerall tonnes who is chosen, any thing in any former hnv notw"'standing, nor shall any clarke or recorder of any Countje Court be chosen Tresurer for the countje.
Forasmuch as the tounes of Spriiigfeild and North Hampton ape so re- Sprfngfeild &
,-,,. , . •11 North Hamp-
mote that the iresurcr cannot send tortn his warrants to them, as la provided t^^ ,„ berated by the lawc. Charges Publick, page y= 9">, it is therefore ordered by this Court "^ """'"■'• *^- and the authoritje thereof, that the connstables of tfee sajd tounes, from tjme to tjme, shall call together theire inhabitants in each toune, who shall assesse theire inhabitants and pay in the same according to lawc, vnlcsse at such time or tjmes as the Tresurer shall send them warrants, as the former lawc pro- vides, then to make theire assessment accordingly.
This Court taking into consideration the vncertajntje of procuring salt M'Winthrops
,,,,,.,, graunt to make
amongst vs lor our necessary vses, and what salt liatli binn or late gotten g^it. bath binn at very deare rates, and whereas INI'' John Winthrop proffereth to make salt for the colonje after a new way, neuer before devised or practised, & desireth that none other may make salt w'l'in this jurisdiccon for the space of twenty one yeares after his manner, which none before hath knoune or vsed, and that he may haue that priviledg graunted him by this Court, this Gennerall Court therefore doth heereby graunt vuto the sajd INI"' John "Win- throp the priviledg of making salt after his new way w*''in this jurisdiccon, and that none other during the sajd terme shall make salt after his manner w"'out the sajd M'"s Winthrops speciall license.
In answer to the petition of W" Clements, craving a divorce from his Ans' to W" wife, who for seuerall yeares hath refused marriage fellowship w"^ him, the 5o„°"^ Court referrs the hearing and determining of the case vnto the County Court of Charlestoune next month.
In answer to the peticon of the execcuto' & ouerseers of the last will of DiWcon of Barnabas Fewer, late of Boston, deceased, desii'iug that this Court would pawers estate. please to graunt that there may be a divicon of the estate w"^*" the sajd testator left to his Sonne Eliazer & his wife, that the howse prized at one hundred and eighty pounds may be estated on the sonne, Eliazer, and the other howse, prized at fforty pounds, may be estated vppon John Johnson, husband of the sajd Grace Fewer, the late wife of the aforesajd Barnabas Fewer, deceased, and that the rest of the estate may be aequally devided, so as to make the two
260
THE KECORDS OF THE COLONY OP
1G5G.
14 May. M' Clavks gra- tuity during Hs life.
Ensigne How- let & Left. Howard to lay out the GoQ- ners land on Ipswich Kiuer.
Ans' to over- seers peticon of Brighams estate.
[*223.]
Coniittee ab'y» Castle. Cap' Dauen- ports coiiiis- sion.
Adjou'raent of Charles Towne Court.
Coniittee to take y" tres' account.
Farmers dis- charge, Tres- urer to rec. y^ imposts.
Ans' to Nicho. Whits peti- Son.
whole parts sequall betweene the mother and the sonne, according to the will, the Court graunts theire request.
This Court having made an order in the eighth month, 1652, wherein M'^ John Clarke was to haue tenn shillings of euery family that should make vse of his inventjon for saving of firewood & warming of howses, which sajd order was only for the terme of three yeares, w'''' is now expired, vppon a mocon made to this Court in his behalfe, this Court judgeth it meete to confirme the sajd order for the terme of his life.
Att the request of the honnored Gouerno"", Jn° Endicott, Esq), Ensigne Howlet, & Leftennant Howard is appointed to lay out the land formerly graunted him, lying by Ipswich River, the other formerly appointed not having donne by reason of theu'e distance, &G.
In ans'' to y"' peticon of Thomas Danforth, Jn" Cooper, Tho Fox, Jn° Hastings, W" Toune, ouerseers of y'' childrens estate left by Thomas Brigham, of Cambridge, deceased, the Court, vpon consideration thereof, & the will of y" id Brigham, doe graunt the peticon, prouided that the ouerseers giue secu- rity to the County Court to the vse for the principall & effects thereof, as ex- pressed in the peticon.
*Itt is ordered, that Majo' Atherton, the survejor gennerall, & Captaine Davenport shallbe impowred as a coiiiittee to finish the worke at the Castle, to provide ladles, spunges, carriages, &&, at the countijes charge, and that the capt of the Castle haue a coiuission given him according to the tennor of his former coinission, that he, w"" the present garrison, goe on w"* the countrjes affaires at the Castle till the next session of this Courte. Itt is ordered, that the County Court to be kept at Charlestoune on the 17"^ of June shall be & is adjourned to the nineteenth day of the same.
Itt is ordered, that Cap? Gookin, Cap? Frauncis Norton, & Cap? Thomas Clarke, w*'' the survejor gennerall, shall be a coiiiittee, & are appointed, to take the Tresurers account, and to make retourne thereof at the next sessions of this Court.
Vppon request of the farmers of the impost of wines, who alleadge great losses already sustejned thereby, this Court doth graunt that they be hence- forth discharged of the agreement made w"" the countrje respecting the same, and the countrje Tresurer is heereby appointed the officer to receive the imposts.
In ans"^ to the peticon of Nicholas White, the coiiiittee aphcnding he hath had much wrong and damage in being outed of his land by M"' Hutchin- son, whereof he was possessed, and where vnto it appeared to them he had just title, therefore he ought to seeke reparac6n legally at the hands of his
THE MASSACHUSETTS BAY IN NEW ENGLAND. 261
disturbers, it is therefore ordered, that the Gennerall Courts order, dated 24"' 1 G 5 G. May, 1655, respecting this case, be & remajne in full force. '
14 May.
Thomas Hincksman and Joseph Wheeler are allowed by this Court, ouer ju 2, added to and besides w* this Court allowed them in October Court, 1655, three pounds Wheeler &
^ ' 1 Hmcksmans
two shillings in referenc to .theire paines & charge expended in the imploy the allowance. countrje put them vppon in referenc to yeire joui'ney to Cromwell, &<3.
In ans'" to the peticon of Symond Lynd «& Thomas Gatliife, the Court Syraon Lindes
. & Tho. Gatliffa
doth graunt the peticoners liberty to trye the title of lands, or the case m theire liberty. peticttn mencSned, at the County Court, any thing in the lawe notw^'standing.
Whereas it was ordered by the coiuissioners w'"'' came into these parts to Yorke & Kit take Yorke & Kittery into the gouerment of the Bay, that each toune should ^.g make chojce of certaine men from amongst themselves, to lay out the bounds be- twixt the two aforesajd tounes, according to w'*" order of the sajd coinissioners, wee, whose names are heerevnder subscribed, being elected for that purpose, doe, vppon due consideracon thereof, mutually agree, pitch, & appoint the bounds betweene Yorke and Kittery, to beginne as followeth, namely, that the dividing Ijne betwixt Yorke & Kittery shall and doth beginne at the head of Brayboate Harbor, which is at the first and lowest descent of that fresh brooke y/ch lyeth at the vpper end of the marishes belonging to the sajd harbor, being in distance about one mile & an halfe from the mouth of the harbor, and from the head of y* harbor to runne in a streight Ijne to the head of the south- west braunch of the Riucr of Yorke, being the next point of vpland where the creeke treaues about to the northwest, & so from the sajd point of vpland, vppon a direct Ijne vnto the southeast side of a certajne pond which lycth be- twixt the northwest braunch of the Riuer of Yorke & Newichawanacke. In confirmacbn of which aforesajd bounds wee haue heerevnto sett our hands this fowerteenth day of December, 1653.
Subscribed, NICo SHAPLEIGH,
EDW: RISHWORTH,
ABRA: PREBLE,
NIC° FROST,
JN° DAVIS.
The Court approoves of the retoume of the comissioners as aboue, in referenc to the limitts & bounds of the id Yorke & Kittery.
In ans"^ to a quaestion whither one that serveth a whole yeare as a deputy, Ans' to qua;s» though chosen & called thereto from session to session, haue not the same pji^Tigdg, &o. bennefit of lawe as he y' is chosen at first for the whole yeai-e, the Court re- solved it on the negative.
262
THE KECORDS OP THE COLONY OF
1656.
H May.
[*224.J
Ans' to John Holmaus peli-
Aiis' to Left. Hues peticon.
Ans' to Jn" Smiths peti- con, 10= to be
Ans' to Hamp- ton peticon.
Water Toune to pvde for & maintajne Mary Davis child.
*In ans' to the peticon of John Holman, the Court judgeth it inconven- ient to attend the hearing of the case at present, but referr it to the next Coun- ty Court of Suffolke to heare partjes and witnesses, and if it appeare to the sajd Court, on hearing the case, that there is just cawse or reason to make null or alter the will of the peticbners ftither, then the sajd Court to state the case, and report the grounds thereof to the next session of this Coiu't ; but if the contrary appeare to the sajd Court, viz., that the will ought to be & remajne in force, then the peticoner to be quieted, and not make any further trouble ; & in y' case also, the Court to make report to the next session of the state of the case, & the grounds wherefore the will should be & remajne in full force, provided that seeuritje be presently taken by the secretaiT, to the value of one liundred pounds, on the estate of M'' John Holman, deceased, to be responsall to what this Court shall determine & conclude herein, on information from the County Court.
In ans' to the peticon of Left Joshua Hues, administrator to the estate of Joshua Foote, deceased, earnestly desiring this Courts confirmacon of his sale of that part of the warehowsc, w''*' M' Foote mortgaged to John Johnson, of Roxbury, attourncy to M"''* Katherin Sumpner, to M' Heniy Shrimpton, w'^'' he was necessitated to, to prevent the forfeiture of the same, and being advantag of the sajd Footcs estate nere ffifty jjounds, the Court graunts the i^cticouers request, confirming the sale of the Sd warehowse to M' Shrimpton, as desired.
In ans' to the peticon of Jn" Smith, of Charlestoune, humbly craving the remittment of the fine of five pounds imposed on liim for the breach of the law about selling of strong water, he taking some for a debt, & being ignorant of y" law, lett a neighbor haue tenn shillings worth thereof as it cost him, for w* he is sorry, the Court remitts the sajd fine to tenn shillings, so as it be pajd in to the County Tresurer on notice heereof.
In answer to the peticon of the toune of Hampton, ffor more full sattisfac- tion, and for prevention of further discord betweene the tounes of Salisbury & Hampton, it is ordered, that M' Samuell Dudley, w"" the former coiiilttee, or any two of them, shall againe consider of the case, and heere the allegations of both partjes, and present a retourne with a plat drawne & signed by some artist at the next session of this Court, with theire full determination & explanation of the Ijne betweene the sajd tounes, y" charg thereof to be borne by Hampton.
Vppon a mocon made by the keeper of the prison relating to y" cliilde of Mary Davis, how it should be maintajned, & charges for time past expend- ed about it defrajed, it is ordered that the toune of Watertoune shall defray & discharg the charges already expended, & provide for its maintainance & education for time to come, & that they shall & heereby are impowred to
THE MASSACHUSETTS BAY IN NEW ENGLAND. 263
recouer and make vse of any estate which they haue or can finde, of hers or 16 56. hir husbands, or of the fathers of the child, for the mayntayning thereof. '' '
14 May.
In ans'' to the petic8n of the inhabitants of Groaten, it is ordered, that the , , , said toune of Groaten be freed from rates for thi-ee yeares from the tjme of Groaten peti thcire graunt, as is desired ; 2'^. That they may imploy any other knowne artist in the roome of INP Danforth, as neede shallbc ; 3'^. That the forme of the toune may a little vaiy from a due sq^uare, according to the discretion of the coiuittee.
In ans' to the peticon of Jn° Stone, this Court doth graiint the confir- Ans' to Ju»
Stones peticon
macbn of y' pcell of land, fenct in & broaken vp, w^*^ he purchast of the Indjans, lying neere the south side of Sudbury lyne, & further graunts him fivety acres more, to be added thereto, provided it be not pjudicijall to any person. M"' Nojes & Edniod Rice are appointed to lay out the land aforesajd.
*Whereas, by an order of the Gennerall Court, October, 1655, wee, [*225.] whose names are vnderwritten, were appointed to heare and determine the Newbery &
Rowley
differences betwixt Newbery and Eowley concerning theire bounds, this is to bounds. certify to this honnored Court, that we doe all agree that the Ijne formerly runne, viz., from a white oake, marked, standing vppon the Morth west side of Eastous Eiuer, nere the old path, ouer the riuer, the lyne to runne west on mile, as the trees are marked, and from the trees marked at the mile end vppon the lyne having a heape of stones lajd there, according to Coiut order ; from theuc the Ijne to runn north west vnto Merremacke Riuer, as it hath binn laid forth ; having heard the pleas of both tonnes, haue thus de- termined. Subscribed vnder our hands, 17 1 m, 1655.
JN° WHIPPLE. SAMUELL HALL, THOMAS HOWLET.
The Court approoves of this retoui-ne.
Richard Nasou, for some miscarriage of his, was bound to his good be- Richard Nasou
, , rejected for
haviour by the last Gennerall Court, & so to continew during the Courts being a deputy.
pleasure ; yet notw"'standing is by the constable of Kittery retourned to
serve as a deputy. The Court, rejecting the sajd Nason for serving as a
deputy, did order, that the next County Court at Yorke shall inquier after the
names of such freemen of Ivittcry that gave theu'e votes for the choice of
Richard Nason to be a deputy to this Court, and whom they shall finde to be
guilty in such respect to proceede w"", as the law prescribes, according to
theiie deserts.
264 THE RECOKDS OP THE COLONY OP
1656. Whereas It appeares by an order of this Gennerall Court, bearing date
' '< ' the 24* of the 8 ifi, 55, that Daniell Smith should haue liberty to bring into
14 Mh-v.
„ Court his reasons why Grace Porter shoiild not sell the howse and land, ac-
Grace Porter •'
& Dani. Smith, cording to her petition vnto this Court, the aforesajd Smith appeared before the comittee, 20 3 ifi, 56, and gaue in his reasons, ^\'^^ were seene & con- sidered, together w"" seuerall things alleadged on both sides ; and the issue and conclusion, w"* ffree consent of both partjes before the comittee, was, that Grace Porter shall haue full liberty, w*** y" good will of Daniell Smith, her sonne, to dispose of the howse and land in question, for her vse & main- tenance, by sale or otherwise, & shall not dispose at all of any meadow land that is not already disposed of. This retourne was approoved of by the whole Court. Ans' to Sud- In answer to the peticon of seuerall inhabitants of Sudbury, the Court
for a new plan- j^'^o^''^ i^- i^ieete to graunt them a proportion of land of six miles square, or tation. otherwise, in some convenient forme Eequivolent therevnto, at the discretion of
the comittee, in the place desired, provided it hinder no former graunt, and that there be a toune setled with twenty or more familjes within three yeares, so as an able ministrje may be there majntajned ; and it is ordered, that M' Edward Jackson? Capt Eliazer Lusher, Ephrajm Child, w"" M'' Thomas Dan- forth or Leftennant Ficher, shall & hereby are appointed as a comittee to lay out the bounds thereof, and make retourne to the next Court of Election, or els the graunt to be vojd. M' Holiocks M' Elitzur Holiocke, at his request, is dismist from his ffiu'ther attend-
dismission. ^^^ ^^ ^.j^jg Qq^j.)-^ ^ from liis attendanc on y* next session. Nason nor his The Court judgeth it not meete to release Richard Nason, or his suretje,
security dis- g^.Qj^ i^jg hond of good behaviour at this time.
charged. ^
Itt is ordered, that warrant shall issue out of this Court to the coun- stables of Sacho to take such aide as he or they shall judge meete to sease on the person of John Boniton, and bring him to his answer, for his abuse of authoritje, &6, as in the warrant is exprest. The warrant issued out accord- ingly, & was, — Courts order to Yow are, by virtue of an order of the Gennerall Com-t, sitting at
issue out war- 5^^^^,^ ^^le 24 of May, 1656, heereby required forthwith to repajre to the
rant to y con- j ' ' j -x 1. j
stable of Saco dwelling place of Jn° Bonithon at Saco, & there or elswhere to seaze on the
to seaz on Jn«.
Bonith. pei-son of the sajd John Bonithon, & him safely to convey to Boston prison,
vnlesse he shall give good securitje of knoune inhabitants of y' jurisdiccon for
his personall appearanc before the next session of the Gennerall Court, to
[* 226.1 answer the complaint of John Stone *for beating of his servant, refusing to
obey the order of the County Covu't at Yorke, in the yeare 1655, for the
THE MASSACHUSETTS BAY IN NEW ENGLAND. 265
payment of rates, as also for his abusive letter to the Gennerall Court ; and 1656. if any inhabitants there shall refuse to aide or asist the connstable as
^14 May
abouesajd, that theire names be retourned to the County Court at Yorke, there to be proceeded against, according to lawe.
In ans"' to the petiGon of Joseh Jones, the Court, considering the pe- Ans' to Joseph
Jones petiooa *
tlcfiners acknowledgment & humble submission, together w"' lus solem en- g^ed 30». gagement for more due observanc of all knoune lawes for the futiu-e, judg meet to remitt all his fine to thirty shillings
We, whose names are here subscribed, according to an order of the hou- nored Gennerall Court, in Nouember, 1655, appointing vs to make a just di- vicon of the pattent of Quampscot, doe thus make our retourne : —
When wee came to pervse the pattent, wee found it to extend, for the length of it, from the lower part of the Riuer of Pascataquake, on the south side of the sajd riuer, vnto the falls of the sajd riuer at Exiter ; and for breadth, along the sajd riuer thi-ee miles from the falls of the head Ijne fox the breadth of it ; w"^*" head line wee runne vppon a southeast point of the com- pass, w-'' ended three quarters of a mile beyond Aspe Brooke, toward Hamp- ton, about forty poles below the highway, where wee marked a great red oake on fower sides. 2'^. From the sajd head lyne wee measured for the length, vppon the north east point of the compass, sixe miles and a half, the w'^'' ex- tended to that part of the bay neere "VVinicouot Eiuer. 3'^. Wee also meas- ured a second crosse Ijne, for breadth, beginning at Quampscot Howse, extending it three miles vpon the southeast point, when wee did marke seueraU pine trees. The rest of the land belonging to the pattent aboue and beloue the great bay wee vnderstood to be impassable (as to measuring) by reason of the exceeding thicke swamps, but wee tooke the best informacon wee might of diuers and seuerall inhabitants of the great bay and of Strawbery Banke, and theire reports agreed, viz., that from the lower part of the bottom of the bay, nere to Capt Champnoones house, to the riuer neere the Boyling Eocke, or thereabouts, all the necke of land w'l'in that Ijne vnto the little bay, conteyning, as neere as men of best experienc can informe vs, about fower Co^itt^eg ^g. miles square, being all w^in the patent. And whereas from the easterly part himeab'
^ ' ^ ^ Quampscots
of the great bay, being a part of the riuer, wee should haue measured three diviCon, &5. miles into the laud, wee finde in that place, by credible informacon, the land so narrow to the seaward that wee canu allowe no more, according to the in- tent of the pattent, as wee vnderstand it, then one mile & halfe, to be runn from each point of the bottome of the bay, vppon an easterly Ijne, into the land. To the matter of service appointed vnto vs by the Gennerall Coiut,
VOL. IV. PART I. 34
266 THE RECOKDS OF THE COLONY OF
16 56. concerning devission of the pattent, wee, finding the present ownors to be of ""^ ^ "'' three sorts or rancks, wee haue therefore agreed to make three seuerall devis-
14 May.
sions. The first devicon being eight shares and one quarter, belonging to M'
Nathaniell Gardiner, M'' Thomas Lake, and partners, wee assigne and lay out M' Lake & M' vnto them all the land from Bloody Point vnto the Boyling Rocke, for breadth, j_ ' ' or thereabouts, and for length extending to the lower lyne of the midle di- viciSn, which is about forty pole from Sandy Point, and so the lyne running sou^th east three miles into the land, as also the land lying vppou the bottom of the great bay, being or extending one mile & a halfe from euery part of the bottom of the bay, vppon an easterly lyne. Into the woods, in which divlssion all the land and marish graunted vnto Doner by the Gennerall Court shallbe and remajne to them for euer, the land from Kennrys Creeke to a certajne cone [*227.] nere the mouth of the great bay, called Hogsty Coue, w*all the *ihe marish from that place round about the bay, vp to Cotterllls Delight, with fower hun- dred acres of vpland, as it is graunted by the Court, bounded, lajd out, and pos- sessed by the inhabitants of Doner, with fiuety acres of vpland more, about or nere the great bay, w"' fiuety acres to be lajd out and disposed of by Cap? Richard Walderne, to some of the inhabitants of Doner, whom he sees fitt. The second divlssion being eight shares and one quarter, belonging to Cap?
Capt. 'Wiggins Thomas Wlggin and partners, who haue purchased & obtcjned the same, wee
p*.
assigne and lay out three miles square, beglnlng at a plumpe of trees stand- ing on a peece of old planting land, about forty pole beloue Sandy Point, and vp the riuer vppon a strelght Ijne towerds Exlter, the riuer being the bounds of It on the northside, and at each end to ruune a Ijne vppon the south east point of the compasse three miles into the land there to bound it on that side ; provided, that Cap? Thomas Wiggins pay vnto the other two thirds the some of sixty six pounds thirteene shillings and fower penc, according to theire shares and proporcons, in boards, w^'ln six mouths, if demaunded, which he is to pay at either of his sawemllls, in Pascataquak Riuer. 3'y. To the third Shrewsbury dlvlcon, being eight shares and one quarter, belonging to the Shrewsbery men, to w'^^ wee assigne & lay out all that land from the vppermost Ijne of the midle divicon to the mouth of the creeke called M'' Wheelwrights Creeke, the same to runne three miles towards Hampton, vppon a south east Ijne, all the land be- tweene this Ijne & Exlter Falls, to the full extent of the Ijne, to lye to Exeter, being graunted to them by deed of guift from Capt Wlggin, sole agent for the company. The Court doth allow and approove of this retourne of the coinit- tee as is aboue written.
Propposicttns to the Gennerall Court at Boston, the ^S"" 3 Si, 1656, for
THE MASSACHUSETTS BAY IN NEW ENGLAND. 267
selling and fully ending the long continued differences betwceue the patentees 1656. of Quampscott, and Doner, and the neighboring tounes, &6, as followeth : ' '^ '
« . . 14 May
1. For the furtherance of the same, Caiit Thomas Wiggins & Thomas Lake „ ^
°° Capt. Wiggina
doe freely surrender & give vp all theirc interest, title, & clajine in the lands & M' Lakes
BurrciidGr &c
of the pattent called Winnicahanat or Hiltons Poiute vnto the inhabitants of the toune of Doner foreuer, excepting all the lands & howses, which the ownors improoved at Douer in three planting feilds, which is about sixteene acres, more or lesse, which remajnes to the sajd ownors, theire heires and as- signes for euer. 2'^. That the Court graunts and give vnto the third divis- sion of Quampscott, lajd out to M'' Nathaniell Gardjner, Thomas Lake, & partners of that divioon, eight thousand two hundi-ed and forty acres of land, to be lajd out to them or theire assignes, either to them together, or to each part or share, one thousand acres, there being eight shares and a quarter in. y' divicbn.
3. That a memorandum be kept that the chai-ge expended about this divicon hath binn twenty pounds.
4}>. Whereas in the first divicbn lajd out to M- Gardjner & Thomas Lake there is much lands in the possession of Strawbery Bancke, which is still in differenc, that the Court will impowre some comissioners w* full power to end all differences whatsoeuer betweene the sajd toune of Strawberry Bancke and owners, as also betweene Hampton & them, the sajd ouners of the first divicbn.
Signed, THOjNIAS WIGGIN,
THOMAS LAKE.
The Court judgeth it meete to accept the surrender here exprest, and doe The Courts
1 -.^ r 1 T 1T1 n n .1, acceptance &
graunt the peticoners fower thousand one hundred twenty & five acres, w"" graunt. what els is desired in theire surrender, and orders, that Majo' Willjam Hau- thome, M' Willjam Bartholmew, and M'' Samuell Hall shall and heereby are impowred and authorized by the Gennerall Court as coinissioners to treate w* the inhabitants of Hampton & Strawbery Bancke, &, on a full hearing, to de- termine and conclude what they judge meete to be given by the tounes and accepted of by the persons, and make theiie retourne to the next Court, who are to be allowed for theire paines at the charg of the parties.
*In answer to the peticon of Richard Swayne, this Court declares, if the L 228.] petlcbner haue just ground to implead any man about the sajd land, that he gwaines peti- may doe it at the County Coui-t, but for the title of the land, there having bin ^°''' '" '^''^"-
ence to Mirri-
so many hearing and much expenc in the Court about it, judg that the last act any land, &c.
268
THE RECORDS OF THE COLONY OF
1656.
11 May. Becx & Compa. letter to y*" Court.
Jn» GifFords release liere from being a prisoner on Becx ace'.
Time of Yorke Courts begging,
M' Alcocks
request
graunted.
Ans' to M' Elliotts petition. Ans' to Chelmsford.
In ans' to
Billirrikeys
peticon.
of tlie Gcnnerall Court concerning the same is, and should be, the finall issue thereof, w^'out any more hearing in y* respect.
The Court, on pervsall of a letter directed to the Gouenor, and councill, and Gcnnerall Assembly of New England, or who els it may cencerne, signed by Jn° Becx, Phcebe Frost, Tho Foley, Jn° Pococke, & W"" Greenehill, bearing date 27 of February, 1655, w''"^ also was recorded in the Courts day booke, 21"^ of May, 1656, the same day on which it was brought and pre- sented by M'^ GyfFord, doe jndge meete, in answer thereto, and on theire re- quest, doe order, that the sajd Jn" Gilford shall and is hcereby released and discharged from being any longer a prisoner, vppon the judgment of this Court, in reference to the sajd Becx & Companj^, for which he hath bin and yett is a prisoner, he discharging the charges of the prison.
Whereas hitherto by appointment the County Court of Doner hath binn kept, begining vppon the last Twesday in June, and the Court for the county of Yorke, begiiiiug vppon the Thirsday following, for the more inlargement of time vnto the sajd Courts, it is ordered, that Doner Court shall beginne as before, and the Courte for Yorke on the Munday fFollowing ; and that Cap' Thomas Clarke shallbe asistant w''' Capt Thomas Wiggins this yeare to keepe the County Courts of Yorkeshire & Douer.
In ans' to the request of M'' Jn" Alcock, the Court doth graunt, that Thomas Danforth or Leftenant Fisher may lay out y' lands meuconed in y'^ order recited by him, bearing date 23 of May, 1655.
In ans'' to the peticSn of the inhabitants of Chelmsford, together w"" y' part of ]\I'^ Elliotts peticon respecting an inlargement of land, on conferenc with the coiiiittee who lajd out the bounds of Chelmsford, and pervsall of a plat of the sajd plantacons, and also of the tracke of land now by both parts petic8ned for, the Court judgeth it meete that the Indian graunt be extended a mile from the north east angle or corner bound of Chelmsford, abutting on Merremacke and Patu.ckett eastward, taking in John Sagamores planting ground, and the end of the sajd mile, to determine the Indjan plantacon ; and for the rest of the land, on behalf of both tounes peticoned for, that Chelms- ford south and north Ijne, abutting on Tadmuck, be extended from the north west angle, or corner, three miles north, so as it passe not Merremacke Riuer, and from thenc to runne a parralell Ijne w"" the east & west Ijne of Chelms- ford, vntill it meete w"* Merremacke Riuer, and that the whole tracke of land so taken be & remajne in coiiiunitje vnto the toune of Chelmsford and the Indjan toune called Patuckett for all vses.
In ans"^ to the peticon of the inhabitants of Billlrrikey, this Court doth graunt the toune of Billirrikey eight thousand acres of lands for the ends
THE MASSACHUSETTS BAY IN NEW ENGLAND. 269
U May.
desired in any place or places that are ffree & not capeablc of making a tonne, 1 G 5 0. provided that the sajd lands be lajd out before the next Court of Election, and that the inhabitants of Cambridg doe accept thereof, & disingage the lands desired at Billii-rikcy, & also that the toune of Billirrikcy be seted w"» twenty familyes at least ■\v""in three ycares, y* the ordinances of God may be setled & encouraged in the sajd place of Billirrikey ; & it is ordered, y' ISIajo"" Willard, Capt Edw Johnson, M'' Edw Jackson, or any two of them, w"" Thomas Danforth, or any other surveyor, shall lay y" same out at the peticoners charge, making retourne to the next Court of Election.
*In ans' to the peticon of Sarah, the late wife of David INIattox, the Court [*229.] iudseth it meete to allowe & confirme hir sale of two acres of meadow to ^'"^' '" ^'-^^^^
•' ° Mattox peti-
Giles Pason, the house and land of the sajd David INIattox standing engaged con. for y° payment of fivetecne pounds to David Mattox, the sonne of David Mattox deceased, five pounds whereof was given him by the County Court, & tenn pounds was given to his sister, deceased.
In ans' to the peticon of Willjam Cleoments, of AVater Toune, in reference Ans' to W" to a divorce, the Court judgeth it meet to referr the hearing and determining p^yj^^n" ^ of this cause vnto the County Coiu-t of Charles Toune next month.
In ans"' to the peticon of the jury of trjalls at y' last County Court at Ans'tojuryof
„ , . , , , T . . . , , c 1 • c • 1 1 • 1 trials for Nor-
Salisbury, humbly desirmg y' the expenc ot the jury oi trjalis necessarily ex- folk petiCon. ponded in the county of Norfolk may be borne by the countrje, — if in time to come there shallbe groimd of complaint of this nature, itt is ordered, y' on theire request to the County Court theire necessary expenses shall be allowed out of the county tresury, by virtue of the late lawe for countye tresurers.
The Magistrates not receaving the verdict of the jury in ^M" Hibbens M" Hibbins hir case, having binn on triall for witchcraft, it came, & fell of course to the Gennerall Court. M''^ Ann Ilibbins was called forth, appeared at the barr ; the indictment against hir was read, to w"^'' she answered not guilty, & was willing to be trjed by God and this Court. The evidences against hir was read, the partjes wittnessing being present, hir answers considered on, and the whole Court, being mett together, by theire vote, determined that il" Anne Hib- bens is guilty of witchcraft, according to the bill of indictment found against hir by the jury of life & death. The Goucrno"" in open Court pronounct sentenc Sentence, accordingly, declaring she was to goe from the barr to the place from whence she came, & from thence to the place of execution, & there to hang till she was dead.
Itt is ordered, that warrant shall issue out from the secretary to the mar- shall gennerall for the execution of M"'^ Hibbens on the 5"' day next come fortnight, presently after the lecture at Boston, being the 19"' of June next, the marshal! gennerall taking w*"" him a sufficijent guard.
270
THE RECORDS OF THE COLONY OF
16 5 6. The comissioners for the seuerall countjes to open the proxies for the
'' ' nomination of magistrates present to y'^ hoiinoured Court the deffects of y*
14 May.
Tounes defects ^eueraU countjes, viz. : —
ab' proxies. \^ x}ciS. county of SufFolke, Hull brought no proxies.
"Weimouth brought theires after y^ day. In Middlesex : Nashaway, Bellirecay, Chelmsford.
In Essex : Wenham after y' day, Glocester, Topsfield, Manchester, Mar- ble Head.
In Norfolke : Portsmouth, Exiter, Doner. The county of Yorke was wholly defective. Subscribed,
WILLJAM DAVIS, EDW: COLLINS, JOSEPH JEWETT, ANTHO: STANIOK
Ansf to M' Bradstreets request.
Capt. Oliuers allowanc of 10>» towards losse.
[*230.]
From henc. Comissioners of VVeimouths acts confirmed.
Itt is ordered, that the secretary, after this session, shall retourne the names of the tounes that haue binn defective in each county, as aboue is exprest, to the clarke of each County Court, who is here by required to sumon the seuerall tounes to send some meete pson to appeare before the next County Court, as aforesajd, to answer in theire behalf. The sajd Court shall haue power to impose such fines on such as shall appeare delinquents, as the lawe provides or they shall judg meete.
In ans'^ to the request of M'' Symon Bradstreete, it is ordered, that M' Edward Jackson, M"^ Thomas Danforth, & Leftennant Fisher, or any two of them, shall be a coiiiittee, & are hereby authorized to lay out his eight hundred acres, formerly grauuted him, beyond Dedham, neere Capt Keaynes fiarme, in one, two, or three parcells, as the place is capeable of, they being so many dis- tinct graunts of debt, & not of guift.
Capt James Oliuer, having sold vnto Majo' Atherton, y" survejor geniill, 20 barrells of pouder, for country pay, at a reasonable rate, was, by reason of the scarsity of pouder y* yeare, enforced to purchase it at a deare rate, to make good his bargaine, whereby he was a great looser, which this Court con- sidering of, judge meete to allow him tenn pounds towards his losse.
*The coinissioners for the touue of Weimouth, appointed to end smale causes there, being chose, approoved of, and sworne by y" County Court some fewer yeares since, according to lawe, & having binn continued in that place vntill this present yeare, were neuer retourned to any Court to take theire oaths annually, yett, on the request & desire of soundry inhabitants, haue
THE MASSACHUSETTS BAY IN NEW ENGLAND. 271
ended many differences amongst them, according to theire best skill. Now, 16 56. to prevent any evill consequenc which might ensue vppon such a neglect, at "^ ^ '
. . J. 14 May.
theire desire, so farr as any of theire actings haue biun just & according to lawe, this Court doth confirme the same.
Graunted to W Joseph Hills five hundred acres of land neere Norwot- M' Hills
graunt of 500
tocke, where M" Bradstreet & others haue graunts, in consideracon of an ad- a„es. venture of thirty three pounds, and seuerall services to y" countrje.
In ans"' to the peticon of the inhabitants of Northwottock, aljas North Ans' to Nor-
mi T* 1 • 1 Tvottocke
Hampton, W"" Holton, Edward Elmer, & Thomas Baslom are appointed to petijon. end smale cawses there vnder forty shillings, according to lawe, and that the coiiiissioners of Springfeild ai-e hereby impowered to give them theire respec- tive oathes, & y' such connstable as shall be legally chosen there by the in- habitants of the sajd toune shall repajre to Springfeild to the foresajd comis- sioners, to take his oath for the faithfuU discharge of his place.
"Whereas the Court hath binn informed that Robert Bartlett, of North- Courts order in
_ . Bartletts case.
wottocke, aljas Northhampton, hath comltted a great misdemeanor in attempt- ing to force the wife of one Smith, of the same toune, and some report that he did force the sajd Smiths wife, the case being doubtfull, and not yett exam- ined, & no Court or magistrates being in those parts, so remote, this Court doth order and appointe M' John Pinchon & M"' Elitzer Holljocke to heare the case and take examination and testemonjes therein, io heare the case and take examination and testemonjes therein, and if they judge the case capitall, then to cawse the offender to be forthwith sent to the prison at Boston to an- swer the same at the next Court of Asistants, where all the testemonjes and examinations are to be sent, & the wittnesses required to appeare at the sajd Court ; but if it be found by them only a misdemeanor, & not capitall, in that case they shall binde ouer the sajd Bartlett vuto the County Court of Middle- sex, held at Cambridge in October next, w* sufEcijent securitje to answer for his fault, and cawse all the testimonjes & examinations in the case to be sent to the clarke of the sajd Court, sealed vp ; and the Court doth heereby giue full power to the aforesajd coiSissioners by warrant to send for paitjes, and make full processe in the case for the fullfiUing of this order.
In ans' to the peticon of Thomas Rucke, craving this Courts fauor to Courts judg- ment in Rucke heare the case betweene him and James Wall, lately issued by the Court of & Walls case.
Asistants, the Court graunts his request, provided he put in caution to
respond the charge of the Court whiles they heare & determine it.
In the case depending betweene M'' Thomas Rucke, plaintiffe, & James
Wall, defendant, about a third pt of a sawmill sold by the sajd Wall to Edw
Colcord, and by Colcord to M' Rucke, the Comt, on pervsall & examination
272
THE EECOEDS OF TUE COLONY OF
[*231.]
Courts ans"" to Georg Bunker & Edw. Burt.
Courts ans^ to George & Joanne Hal- sails peticon.
Ans' to M' Dummers peticon. 800.
Ans' to M' Coggans peti- con.
of the evidences in the case produced by both partjes, the Court doth judg the sajd sales to be illegall, and that the right propriety of tlie sajd third pt of the sawmill to be and remajne in the defendant, & determines the plaintiffe, i. e., INI' Rucke, to discharg the charges of the Coiut for half a day, & pay the de- fendant fforty seven shillings costs.
*In ans"" to the peticon of George Buncker & Edward Burt, administra- to"^^ to the estate of Augustine Walker, humbly craving this Courts confir- mation of two sales by them made, the one of the bowse & half acre, w"" the priviledges there to belonging, lately the propper estate of Augustine Walker, to Jn° Trumble, as also two acres of land, formerly the propper estate of the sajd Augustine Walker, vnto Samuell Carter, both for the sattisfacon of his debts & behoofe of the ■^viddow, the Court graunts theire request, & confirmes the sales accordingly, provided they be Aus'iu Walkers pr'r estate.
In ans"^ to the peticon of George Halsall, together w"' the ans'' to the peticon of Joane Halsall, there having biun two coinittees that haue bad the hearing of this case, whose ap>hencbus haue binn different therein, this Court is not willing to act heerevppon, but judge it meet to referre the exam- inacon & final dctcrminacou of this case vnto the Court of Asistants, to whom it doth propperly belong ; provided, and it is hcercbj^ ordered, that the sajd Joanne Halsey shall haue libcrtje to goe to the publlcke meetings on the Lords & lecture dajes, or at other times, on hir occasions, w"^out interruption or disturbance from George Halsey, or any on his behalfe j and if the sajd Halsey shall goe about to seaze on hir, vex, molest, or any way disturbe hir in the streetes, or otherwise, till the cawse be issued, on complaint thereof to the Goueruo"' or Dep' Gouerno'", he shall be comittcd to prison till he give bond for his good behaviour ; and it shall be lawfull for any inhabitant, on sight of any disturbanc or vjolenc offered the sajd Joanne by the sajd George, to res- cue hir out of his hands, & to convent him before authoritje.
In ans'' to the peticon of ISI'' Richard Dummer, craving an allowance of laud for seventy three poimds by him long since given to the countrjes vse by the appointm* of the Court in the yeares 1637 & 1639, this Court, in con- sideracon thereof, doth graunt the peticoner eight hundred acres of land in any place that is free from former graunts, & not pjudiciall to a plantacfin, provided it be lajd out, bounded, & retourne made by some surveyor w"'in one yeare.
In ans"" to the peticon of Jn° Coggan, in behalfe of Martha, his wife, it being on reccord that five hundred acres of land is graunted to M' Coytmore in the bounds of Woobourne, and that it is to be set out by the Coixrt, vnlesse the partjes agree, it is therefore ordered, that M"^ Thomas Danforth, or John
THE MASSACHUSETTS BAY IN NEW ENGLAND. 273
14 May.
Shermau, w*'' M' Eclwai'd Collins and Cap? Edward Johnson, be a comittcc to 165 6. lay out the sajd land according to the grauiit, to the vse of the heires of the id M"^ Thomas Coytraore, at the charge of the 5d John Coggan, vntill the right heire be determined, making theire retourne to this Court in Octo- ber next.
In ans"^ to the petic6u of M"' Thomas Bratle, in behalf of his wife, & the rest of the daughters of Cap? W" Tyng, the Court judgeth it not mcete to heare & determine the case menconed in his peticon at this time, but referr the hearing thereof to the next session of this Coiut, & doe therefore order, that securitjo be forthwith given to the secretary, to the value of sixe hundred pounds, by M"' Coggan, to be responsall to the Court for the estate in contro- uersie vntill this Court shall determine to whom it doth of right appertajne.
The Court, having read & considered of the letter sent by his highnes Courts order to this Court, w"" the instruccons given by him to Cap? Daniell Gookin in ref- ^^ s^nt to his erenc to the transplanting of persons to Jamaica, doe order a letter to be ,'?, ,''^', ' drawne vp & sent to his highnes from this Court, to manifest theire tliankfuU let. acknowledgment of his highnes favor, &d, yv'^^ was donne accordingly, & is in the booke of letters.
*Whereas this Court is informed of seuerall neglects of the Inhabitants [*232.] of Yorkeshire in not being furnished w"' sufHcyent armes, pouder, &6, as the C!apt. Shap-
ley comia-
lawe requires, there being no gennerall officer at present to call persons so neg- sioner to act in lecting to an account, it is therefore ordered, that Cap? Nicholas Shapleigh '
shall henceforth haue power to call together the cheife officers of each com- pany w"'in the sajd county to examine such abuses and defects as may or shall arise amongst them, and is heereby impowred to act therein as a majo' may & hath power to doe in the like case, till the Court shall take further order therein.
Forasmuch as information was given to this Court, at theire last session, wittnesses in that some wittnesses in Colcords case were not allowed theire charges, att which jJ'i^g'^J '^^| Court it was ordered, that it should be in the liberty of Salisbury Court to »"* "f M'
Stanions fine.
sattisfy such wittnesses charges out of the fewer pounds thirteene shillings in M'' Stauion hands, due to the countrje as a fine, & as yet vnpajd, which sajd order hath not biun attended, by reason no notice hath binn given of y" Courts pleasure herein, it is therefore ordered, that the like liberty shall be graunted to the next Court at Hampton, to act according to former order, & a retoiu-ne of the ouerplus of the sajd soiue to be pajd into the countrje Tresurer.
The retourne of vs, whose names are vnderwritten, in referenc to the 27 : 12 : 1656.
VOL. IV. PART I. 35
274 THE KECORDS OP THE COLONY OF
1656. order of the Gennerall Court, impowring and roquiring vs to heare and detei- " "" mine the case in difFereuc betweene the brethren and neghbors of Sudbury.
14 May.
Whereas at the last sessions of the Genuerall Court held at Boston, Octo, 55, wee presented a br^ife narration of a majne parte of the case in differcnc so farr as wee had then heard the same, w"^ some quserjes arising therefrom, vppon the resolution whereof the issue of the case doth depend, but not obtayning so much favor of this honnored Court, according to our bounden duty to this Court, requiring vs thereto, as also the sad vncomfortable estate of the inhab- itants whilest the case remajnes vndetermined, calling earnestly vpon vs to de- clare our a^hencons and determinations touching the same, wee doe there- fore, with humble submission to the wisdome and authoritje of this honnored Court, heereby declare our aphencons and determinacons touching the same, as followeth : 1. Concerning the title of lands appropriated to seuerall inhabitants, according to what information haue binn presented ^Tito vs, wee doe not finde just cawse to make vojd theire clajme and interest concerned therein ; and as concerning the lands held by the reuerend M"' lirowne, pastor of the church there, touching a parte thereof, some objections haue binn made, and clamorous reports lajd against him, wee doe not finde any just groimd for the same, but having pervsed the tonnes records, doe ap>hend his interest in such his lands to be good, and doe heereby confirme the same to him and his heires foreuer.
2. Concerning such lands as are reserved in comon for feede, whereof we finde, touching one part of the sajd comon, by coiiion consent and agreement, the rule for stinting the same to be agreed vppon as appeareth in the touue booke, fol 27, as also the bounds of the sajd comon, therein limitted, the which wee doe hereby ratefy & confirme, together w"* the order in the tonne booke, foi 58, so farre as it respecteth that part of the cofiion. And as for the other r*233 1 P^^'' °^ ^^^ coinon within the *compasse of the five miles, the rule for stinting Comittees re- the Same, Wee finding that hitherto it hath not binn so clearely determined as could be desired, Avee doe therefore agree that the rule for stinting the same shall, w*'' due respect had as well to such who, although they brought good estates into the toune, yett are now weakened, having improoved the same, as also theire tjme, and other personall abilitjes for the coinon good of the place, as also with resjDect had to such whom God hath binn pleased to blesse & in- crease theire estates, and thereby are made more able to be vsefuU & profitable, as well persons as estates for the coinon good, and stand in more neede of in- largement of theire accoiiiodacons then formerly, and for a more cleere rule to dii'ect heerein, wee doe hereby declare, that it is our intent & meaning, that such whose estates are weakened as aforesajd shall be considered & propor- tioned according to theire seuerall allottments of meadows, which gaue them
tume in Sud- bury case.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 275
the right in the other part of the coiuon, ah-eady determined, and such as God hath binu pleased to increase theire estates shall be considered & proportioned according to the invojcc of theire estates, given in for the countrje rate last past, w">out any respect had to theire meadowes formerly allotted them. Also wee doe heereby declare, that no person or persons whatsocuer shall haue power to give theire votes or sufFerages touching the sajd coinous but such as haue binn allowed as free inhabitants of the toune, or haue come vppon the right of some that were so allowed, and that in such wise whereby the noum- ber of voates may not be increased aboue or beyond the noumber of such as had theire interest by graunt of the tounc. Also, whereas, since our last meet- ing, wee finde that the reccords of the toune booke, foi 58, touching this case, haue binn crossed and defaced, and that without a muttuall consent of both partjes, wee doe hereby declare that the sajd act was not allowable, and there- fore wee cannot forbeare to leaue our testimony against the same ; and for the future wee doe agree that the toune booke shall be kept by the recorder of the County Court vntlU there be a loving composure and agreement for former differences, and a mutuall chojcc of a fitt person to keepe the same; & ffur- ther, wee having had some complaints made in refercnc to the title of Hugh Griffins land, the objections made being considered by vs, wee doe hereby de- clare, that wee judg his title thereto to be good and valid, according to the transcript thereof in the toune booke, vnto which declaration the complaynants jojnctly concurred and agreed. Also, wee doe hereby declare, that such of the inhabitants as entred their contra dissent against the act made for a rule of divission of the last two miles graunted by the Court, as appearcth in the toune booke, ioi 56, shall haue theire interest therein according to estates and persons. Also, wee doe declare, further, it to be our true meaning, that euery pson that is an allowed inhabitant in the toune shall haue liberty to haue his comonage according to his meadow or invojce of his estate at his pleasure ; and no person which hath neither meadow, nor is an aUowed inliab- itant, as is aboue premised, in case of voting shall haue no power to make any
clajme to any coiiionage.
Signed, SYMON WILLARD,
TH° DANFOETH, J NO SHE REMAN.
Wee, whose names are vnderwrltten, the inhabitants of Sudbury, doe heereby testify our full consent & owning of the above written acts of the coinissioners, with all harty thanks vnto them for theke paines, faithfulnes, & loue therein expressed, humbly intreating the honnored Court will be pleased
276
THE EECORDS OP THE COLONY OF
165 6. to confinne & rattefy the same for the ^venting of all after trouble, & for set- ling of peace & truth amongst vs.
14 May. Courts apro- bacon.
Signed,
EDMOND BROWNE,
WALTER HAJNES,
PETER NOJES,
JN° PARNITER, Sen,
EDMOND GOODENOW,
JOHN GROUTE,
W" BROUNE,
JN° HAJME,
PETER NOJSE, Jun,
JN° PARNITER, Jun,
JN" SMITH,
PHILEMON WHALE,
HEN: CURTIS,
THO: PESBETH,
JAMES PENDLETON,
JOSIAH HAJME,
HUGH GRIFFIN,
JANE GOODENOW, Widdow.
The Court doth allow & approove of the retourne of the comittee above written.
[*234.]
Ans' to M'
Gajners
peticon.
Day humilia- tio.
*In ans' to y® peticon of M' Thomas Gajner, the Court declares, that if any thing be due to him by audit, &(5, he may haue his remedy at the County Court, and that this Court will not attend to such complaints w^out more cawse then by the peticon doth appeare.
The ll"' day of June next is coinended by this Court to y" seuerall con- gregations w'^'in this juiisdiccon, to be kept as a publicke day of humiljation, to seeke the face of God in behalf of oui- native countrje, in referenc to the abounding of errors, especially those of the Raunters and Quakers, that the Protector may be preserved from the machinatjons of evill minded persons, that the Lords presence and blessing may be on the navall and land forces of our native countrje at home and abroad, that the Lord would goe out w"' the Protestant armjes against Anti-Xt and his adhaerents, the setling of vnitje and peace amongst the churches heere, that the ordjnances of Christ may become more effectuall to all, especially to children & servants, the rising generation.
This Court is adjourned to the li*** of October next, at eight of the clocke in the morning.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 277
Att a Generall Court, held at Boston, 14 of October, 1656. 1G5G.
The Court mett on y* day appointed. " °''°''"-
Present, Y» GoQno% Cap? Gookin,
Dep' Goiln% Majo' Geii Denison,
M-- Bradstreet, Majo' Willard,
M'' Symonds, Major Atherton. Capt Wiggins,
THIS Court, having heeretofore made a lawe to restrajne the seuerall in- Law prohibbit . r tils transpor-
habltants of this jurisdiccon from exporting mares irom hence into tor- tation of mares
raigne parts, expecting the like lawe to be established in the rest of the colonjes, repealed.
-w'"^ hitherto hath not binn effected, & not knowing any reason why this juris-
diccSn should be restrajned and others left at liberty, itt is therefore ordered,
that the sajd law respecting the exportacon of mares be henceforth repealed,
and of none effect.
This Court, taking into consideration the necessitje of restraying from y« Sale of boates Indjans whatsoeuer may be a meanes to disburbe oiu- peace (k quiet, doe order, indjans pro- and by the authoritye of this Court be it enacted, that henceforth no person or ''''''"ed. persons inhabitting w"^in this jurisdiccon shall, directly or indjrectly, any wajcs give, sell, barter, or any otherwise dispose of any boate, skifle, or any greater vessell vnto any Indian or Indians whatsoeuer, vnder the pocnalty of fiuety 8.
pounds, to be pajd to the countrje Tresurer, vpon legall conviction, for euery such vessell so sold or disposed of as aforeid.
Whereas there is a cursed sect of lijereticks lately risen vp in the world. Order agt the
, , Til Quakers, &c.
w'''« are coiuonly called Quakers, who take vppon them to be luiediately ^
sent of God, and infallibly asisted by the spu-it to speake & write blas- phemouth opinions, despising gouernment & the order of God in church & comonwealth, speaking evill of dignitjes, reproaching and revjling magistrates and ministers, seeking to turne the people from the faith, & gajne proseljtes to theire pernicious wajes, this Court, taking into serious consideration the i>>m- ises, and to prevent the like mischiefe as by theire meanes is -nTought in our native land, doth heereby order, and by the authoritje of this Court be it or- dered and enacted, that what master or coinander of any ship, barke, pinnace, catch, or of any other vessell that shall henceforth bring into any harbor, crceke, or coue w"'in this jurisdiccon any knoune Quaker or Quakers, or any other blasphemous ha?reticks, as aforesajd, shall pay, or cawse to be pajd, the fine of one hundred pounds to the Tresiu-er of the countrje, except it ap- peare that he wanted true knowledg or information of theire being such ; and
278 THE KECORDS OP THE COLONY OP
14 October.
[*235.]
1656. in that *case he hath libertje to cleare himself by his oath when sufficijent proofe to the contrary is wanting , and for default of payment, or good se- ciiritje for it, shall be coiiiiitted to prison, & there to contjnew till the sajd some be sattisfied to the Tresurer as aforesajd ; and the comander of any such ship or vessell that shall bring them (being legally convicted) shall giue in sufficijent securitje to the GoQno'', or any one or more of the magistrates who haue power to determine the same, to carry them backe to the place whence he brought them ; and, on his refusall so to doe, the Gouerno'', or one or more of the magistrates, are hereby impowered to issue out his or theire warrants to coiiiitt such master or comander to prison, there to contiuew till he shall give in sufficijent securitje to the content of the Gouerno"' or any of the magistrates as aforesajd. And it is hereby further ordered & enacted, that what Quaker soeuer shall arive in this countrje from forraigne parts, or come into this jurisdiccon from any parts adjacent, shall be forthwith coiiiitted to the house of correction, and at theire entrance to be seuerely whipt, and by the master thereof be kept constantly to worke, & none suffisred to converse or speak w"* them during the tjme of theire imprisonment, w"^"" shallbe no longer then necessitje requireth. And further, it is ordered, if any pson shall knowingly import into any harbor of this jurisdiccon any Quakers bookes or writings concerning theu-e diuilish opinions, shall pay for euery such booke or writting, being legally prooved against him or them, the soiiie of five pounds ; and whosoeuer shall disperse or conceale any such booke or writing, and it be found w"' him or her, or in his or her howse, and shall not iinediately de- liuer in the same to the next magistrate, shall forfeite and pay five pounds for the dispersing or concealeing of euery such booke or writing. And it is hereby fiuther enacted, that if any person w'Hn this colonje shall take vppon them to defend the haeretticall opinions of the sajd Quakers, or any of theire bookes or papers, as aforesajd, ex annimo, if legally prooved, shallbe fined for the first tjme forty shillings ; if they shall persist in the same, and shall so againc de- fend it, the second tjme fewer pounds ; if still, notw*''standing, they shall againe so defend & maintajne the sajd Quakers haeretticall opinions, they shallbe coiiiitted to the howse of correction till there be convenjent passage for them to be sent out of the land, being sentenced by the Court of Asistants to banishment. Lastly, it is heereby ordered, that what pson or persons soeuer shall revile the office or pson of magistrates or ministers, as is usuall with the Quakers, such person or psons shallbe seuerely whipt, or pay the soiiie of five pounds. This order was publiSed 21 : 8 jfi, 56, in seuerall places of Bos- ton, by beate of drumme.
Itt is heereby ordered, that the ^sident and fellowes of Harvard Col-
THE MASSACHUSETTS BAY IN NEW ENGLAND. 279
ledg, for the tjme being, or the majo' part of them, are heereby impowred, 1656. according to theire best discretion, to punish all misdemeano" of the youth in » '
Tin 1 1 n ^^ October.
theire society, either by fine or -vvhipping in the hail openly, as the nature ot pj^^y^^j g. the offence shall require, not exceeding tenn shillings or tenn stripes for one feliowes perm'
to punish
offence ; and this lawe to contineue in force vntill this Court, or the ouerseers youth, of the colledg, provide some other order to punish such offences.
Itt is ordered by this Court, that all sorts of corne, and other things, to Prises of come. be pajd in to the country rate, shall be in all respects as it was the last yeare, except rye, w"^ shall be pd in at three shillings p bushell, and Indjan at two shillings and fower pence, and that the last order made in referenc herevnto shall be of force for this yeare ensuing.
*This Court, considering the manifold niercjes of God, and his great [*236.] kindnes multiplied vppon vs from day to day, notwithstanding our forgetfull- Day of thanks
^ ^ giving, Nov.
nes of him, and vnthankfulnes to him, doe comend it to all the churches in 5'\ 1656. this jurisdicuon that the fifth day of Nouember may be kept a day of thanks- giving vnto God, that hath given vs the gospell of his Sonne, & cawsed vs to cleave vnto and imbrace the same, in some measure, in theise backsliding tjmes, hath given vs peace within our gates, plenty and abonndance of the blessings of the earth, suppljed our churches with officers beyond our expec- tation, made vp some breaches, as an earnest of liis further presence w"" vs & his blessing vpon vs, as also for the peace & preservation of our nation in all the difficultjes & daingers they haue passed thro, and therefore doe desire his name may haue the glory.
In ans'' to the request of Tristram Coffyn, Jn" Seuens, Philip Chalice, Norfolk troope. & seuerall other inhabitants of the county of Norfolke, the Court doth graunt them liberty to list themselves in a troope of horse, and that they enjoy the priviledges thereof, provided theire novmber and furniture be sufficijent ac- cording to lawe.
Itt is ordered, y' the secretary forthwith issue out a warrant from this Warrant to
s6Dd away y*
Court to the marshall generall, or his dejjuty, to impresse a meete boate, & Quakers, sufficijent & convenjent help, to carry doune and deliuer the Quakers aboard M'^ Locke.
It is ordered, that the millitary officers of Dorchester shall and heereby Dorchester
-TV 1- i liberty to sell
are impowred to sell one of the countrjes great gunnes at JJorcnester, pro- ^ ^^^^ ^^^^ vided they buy lesse in its roome to the full value thereof "f y° co^nfjes.
The Court, having considered of the offences comitted by Niccolas Vp- Nicholas Vp-
. .11 1 • 1 1 • -11 shalls censure
shall, m reproaching the honnored magistrates, and speaking against the lawe made & published against Quakers, judge meete & haue determined that the sajd Vpshall, for such liis offences, shall pay as a fine to the countrje the
280 THE KECORDS OP THE COLONY OP
1656. soine of twenty pounds, w'''' if he pay not, his estate shall be seized vpon by ' * ^ the raarshall before he be lett out of prison, and also that, the sajd fine being pajd, he shall depart this jurisdiccon ^''^n one moneth, and not to retourne vnder the pcenalty of imprisonment, there to continew close prisoner vntill, by publicke acknowledgment before some County Court, ^ giue sattisfactjon for what he hath spoken.
A letter from the Generall Court of Conecticot was presented to this Court, (together w**" seuerall quaestions of practicall concernment in the churches,) wherein they propound theire desires of our concurranc w"" them in desiring the help of the elders, for the resolution and clearing the sajd queestions, and for that end that a tjme and place of meeting be assigned by this Court, and notice thereof may be given to the rest of the colonjes, that they may haue the optunitje to contribute theire asistance to this worke. The Court, considering the premises, dotli order, that ISI'' Mather, M' Allyn, JNI'^ Nor- [*237.] ton, M'' Thatcher, of the county of Suffolke, *M'' Bulkely, if he cann come, M' Meeting of Chauucey, M'' Syms, M"" Sherman, JI'' Michells, of the county of ;Midlesex, IM"^
elders in June , . ,, -^ -, , -.-r-ri ■ • ^«- .r-. i -t ,. /* -n
next. Norrice, M^ Ezekiell Rogers, M' Whitmg, M' Cobbet, ot y'' county of Essex,
be desired to meet at Boston the first fifth day of June next following, to con- ferr and debate the sajd qutestions, or any other of like nature that shall or maybe propounded to them by this Court, either amongst themselves or w"' such divines as shallbe sent to the sajd meeting from the other colonjes ; and it is expected that the resolution of the sajd questions, together w"^ the grounds & reasons thereof, be presented to the Generall Court, to be coiiiunicated and coiiiended to such of ours that want information therein ; and it is heereby ordered, that Robert Turner take care to provide convenjent entertaynement for the sajd gent" during theire attendance on the sajd meeting, and that the charges of those of this jurisdiccon be defrajed by the Tresurer ; and it is further ordered, that, together w"" the letter & quserjes from Conecticott, a coppy of this order be sent to all the confocderated colonjes, w"^ a letter from this Court desiring theire asistanc in this buisnes at the tjme & place afore- sajd, y' the secretary send a copy hereof, w"^ the quffirjes, to one of y" elders of each county. Plaintiff or It IS ordered by this Court, that, in all cawses that are to be transferd
defend' to ^^.^^^^ ^j^^ Countv Courts, by reason of the disagreement betweene the Court
pcure copies of j ' ^
r County and the jury, to the Generall Coiu't, that it shall be the care of the partjes.
Courts pro- in i p i i
ceedings be- either plaintiffs or defendants, that doth or shall expect benefit by the prose- hcTred'^u''^^ cution thereof, to bring copies of the proceedings of the County Court, 10. attested vnder the hand of the clarke, w"'out w'^'' no cawse of that nature
shallbe admitted into this Court.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 281
It is ordered, that the case betweene Majo'' Hauthorne and Amos Richard- 165 6. son, plaintiffs, ag« Jn" Divan, defendant, heard the last Salem Court, and not ^^^^^ issued, be referred to the next Generall Court. AmosRichard-
The case bet^v-eene M^ Sheafe, atturney to W Shelden, ag' Joshua Hues, ^™;^;;et.^Jn» adnnuistrato'- to v» estate of M' Joshua Foote, heard at the last County Couit heard next
' ^^ r> Court.
at Boston, and not then issued, is referrd to the next Generall Court. jj, gheidons
The Court, having heard & considered the whole case betweene M' Bratle case tobe trjed and the daughters of Cap? Ting, against M' John Coggan, concerning the court, estate of Thomas Coytmore, the only sonne of M' Thomas Coytmore, late of ^;^°fjf^"* Charles Toune, who dying in his minoritje, the estate remayneth in the hands case, &c. of Martha, the relict of the id Thomas Cojtmore, now wife of M' Jn° Coggan, vnto whom this Court doth confirme the sajd estate, both of lands & goods, and doth hereby order, that the sajd M^ Coggan, in consideration thereof, doe, w^-in sixe months, pay, or cawse to be pajd, to the sajd M" Bratle, and to the three other children of Capt Tyng, two hundred pounds, that is to say, to euery one of them fiuety pounds.
The two counstables of Kittery, ^ Ellingham & ^ , being bound by Counstables of the County Couit at Yorke to appeare before the Generall Coiut, attended the ehardged. SS"" of October, and made such answer to what was objected against them as the Court accepted, & they were dismissed.
*Itt is ordered, that Samuell Archer, of Salem, shall be sattisfied and [*238.] pajd by the countrye Tresurer the some of seventeene pounds fiueteene shil- ^^^°^^ lings, & is for his bringing the prisemeu to the prison and vnloadlng M' Archer. Gardjners catch, the County Court of Salem not having fines sufficijent to defray publicke charges, out of W'l it should haue binn pajd.
It is ordered, that one eight part be added to the countrje rate, and to be Addition toy
'•-'■*- , countrje rate.
pajd together with it in wheate, pease, or malt, at such prises as the rate is pajd in, and to be deliuered to the survejor generall & Capt Oliuer, or by theire appointment, for the procuring of a coiuon stocke of pouder for the countrje ; and the Tresurer is heereby ordered forthwith to send forth his warrants to the seuerall counstables to levy & collect the same.
It is ordered, that the Deputy Goueno', Capt Clarke, M'^ Secretary, & Comitteeab'
pvsing acts
Cap? Savage shall examine the lawes of the Generall Court lor two yeares ^f court, past, and to cawse such lawes as are of public concernment to be written out, whereby they may forthw"^ be coiSitted to the presse, & sent to the seSU
Courts.
The Court, being sencible of the lowe condicon of the late honnored M' M-NoweUs
' ^ ^ recompenc.
Nowells family, & remembring his long service to this comonwealth, in the place not only of a magistrate, but secretary also, for w* he had but litle and
VOL. IV. PART I. 36
282
THE RECOKDS OF THE COLONY OP
1656.
Comittee to setle Hamp- ton bouDds.
Ans' to Left. Srues peticon.
Ans' to Mary
Batchilers
peticon.
lO" allowed y secret, for losse of come for y« 42", &c.
[*239.]
Ans' to Anne Knights peti-
Ans' to Fran- cis Brounes peticon.
Courts graunt of 1000 acres to M' Deane Win- thiop.
slender recompeno, & the countrjes debts being such as out of the country rate they cannot comfortably make such an honnorable recompenc to his family as otherwise they would, judge meete therefore, do give & graunt to M" Nowell and hir sonne Samuell two thowsand acres of land, to be lajd out by M' Thomas Danforth and Robert Hale, in any part of the countrje not yett graunted to others, in two or three farmes, that may not hinder any plantacon to be errected.
There having binn heretofore an order of this Com-t appointing seuerall coiuissioners to setle the bounds betweene Hampton & Salisbury, w'^'^ is not yett effected, the coiiiissioners not appearing, that a finall issue may be put therevuto, it is ordered, that Capt Bryan Pendleton, M'" George Gittings, Kofet Lord, & Ensigne Howlet, or any two of them, shall be a coiiiittee to setle all differences betweene the two touues in referenc to theire bounds, according to the last order of this Gcnerall Court, making retourne thereof to y" next Court of Election.
In ans'' to the peticon of Robert Drue, humbly craving that no customes be taken for the wines brought in the prize from y^ West Indies, itt is ordered, that the sajd Robert Drue and the rest shall pay the customes for y' sajd wines brought in according to order.
In ans'' to the peticon of Mary Batchilcr, desiring liberty from this Court to dispose of hirself, hir husband being gonne from hir, & as she ptends, since his going, married, &6, the Court judgeth meete to referr the examination of the case to the next County Court at Yorke, and the sajd Court to make retourne of what they finde to y'' next Court of Asistants, who haue power to issue and determine the case.
The secretary, as agent for the colonjes two yeares past, was pajd by the Trestu'er forty two pounds odd money, in Indian corn, at three shillings p bush, which, for y" most pt, he could make but two shillings. Itt is ordered, that the Tresurer pay him tenn pounds for such liis losse.
*In ans"^ to y'^ peticon of Anne Knight, widdow, for the remittment of thirty pounds due to y* country from hir late husband, the Court judgeth it meet to abate hir tenn pound thereof.
In ans"^ to the peticon of Elijah Corlett, on y' behalf & by order of Fraun- cis Broune, y"^ married the relict of George Bennet, humbly craving, for y' pvention of all future clajmas, that they would be pleased to confirme theire sale of the howse to Jn" Shawe, the Court judgeth it meet to graunt the pe- ticoners request.
In ans'' to the peticon of M'' Deane Winthrop, craving this Courts favo' to graunt him such a proporcon of land as formerly was appointed to his
THE MASSACHUSETTS BAY IN NEW ENGLAND. 283
honnored father, at Chocliituit, & should haiie bimi layd oat b> Cap? Pelham 1 G56. and M^ Pendleton, the Court doth graunt vnto the peticoner a thousand acres of '^^^^^^^ land where he cann finds it free from former graunts, and not hindering a
plantation.
In ans' to the peticon of Jn" Samuell, the Court doth graunt the sajd ^^'^t^J^"^^. Jn" Samuell liberty to sell the land w* he lately purchased of John Viol, of £„„. o/ w* land the howse was burnt, & impowres him to make a good title thereto, so as the children of his wife, in lejw of theire interest in the sajd land, be instated such howse and land as he shall purchase in Boston, and that at least it be of as good value as that wherein they had interest, and it is left to y commissioners of the toune of Boston to see it effected.
In ans^ to the peticSn of Daniell Fairefeild, the Court graunts him liberty AnsUo Faire-
'^ . • J J • r 1, feilds peticon.
to goe in one of theise shipps to England, as he desiers ; provided, if he euer come againe,he shall forthwith retourne to the same condicon as now he is in, & be forthwith coinitted to prison.
In ans' to the peticon of M' Willjam Hubbard, of Ipswich, Sen, the Co^t^gta^t^ Court judgeth it meete to graunt him a thousand acres of land in any place or ° places that he cann finde lying out of any former graunts or touneships beyond Exiter Eiuer, toward the east or north east, to be lajd out to him by M' W" Bartholmew, M^ Thomas Bradbuiy, & M-^ Samuell Hall, or any two of them ; tliis being in sattisfaction of fivety pounds disbursed by him in England; and also the land graunted to him by this Court in the yeare 1652, w* he hath re- signed vp to the Courts hands againe.
In ans^ to the petic-Qn of Edward Bui-t, though the Court judge not the Co-'--' »»_ countrje to be bound to secure prlsners or pay the damages which may arise tison. by theire escape, yett, in regard the petic-oner is but lowe in his estate, this Coui-t doth graunt the peticoner two hundred acres of land where he cann finde it, according to lawe.
Wee, whose names are vnder written, ouerseers to the last will and tes- Co-ts allow- tament of Barnabas Fewer, having mett together w"' Jn" Jn°son, that marned t,i^& oQsera the execcutiis of the sajd Fawers will, have agreed that the two howses lately XencTo r in the possession of Barnabas Fawer, being somewhat better then the one ^^2°Lu. whole half of that estate, shallbe and remajne the inheritance of Eliazer Fawer, only child of the sajd Barnabas Power ; the rest of that estate, consisting in goods & debts, hereby is & shall be estated on W Jii° Johnson, in right of his wife, with a wood lott, being the ninth from Cambridg Ijne, to the sajd Jn» Johnson and his heires, w"'' sajd lott came from Thomas Negus to the sajd Grace Power. And it is further agreed, that the ouerseers of the sajd will
14 October.
284 THE RECORDS OP THE COLONY OF
16 56. shall pay vnto the sajd John Johnson thirteene pounds out of the next rents
of the two houses aboue menconed to make his part aequall w'*' the chllds
half. All w* wee humbly desire the honnorcd Court would be pleased to
confirme, y° overseers of that will having subscribed theire names to a paper
annext.
JAMES PENN,
W=« PADDY,
THOMAS MARSHALL,
JOHN JOHNSON.
The Court doth allowe, & approoves of the agreement aboue mencSned, & orders it to be recorded.
Courts order to It is ordered, that the charg of y° comittee of the Gennerall Court
Sudbury, ^o expended at Sudbury 55, as also the charg of the councill of elders, &c, tees & charges there in fifty sixe, to defray coinittees, &6, amounting in all to seventeene
there to Jn" i ii i j •
Parmiter. pounds five shillings & two penc, be borne by all the toune, & levyed as is vsuall in other rates. [*240.] *The Coui-t, having considered of the case respecting Cambridge and those
Cofiiittee in of the South side of the riuer, finde it attended w**" such difficultjes as will not
rfifcrsiic to v"
inhabitants of admitt at present of a comfortable issue, doe therefore judge meete to referr
Cambridg. ^^^ ^^^^ j.^ ^^ further enquired into by a comittee, and to that end haue chosen
M' Tresurer, Cap? Lusher, & M' Ephrajm Child, who are heereby appointed
to informe themselves more fully of the estate of Cambridg, and whateuer
else they shall judge meet, w"'' may be necessaiy for this Court to know, and
to make retourne thereof to the next Court of Election.
AnsUoLeP In answer to the peticon of Lef? W™ Phillips, the Court vnderstanding
ps peti- -^ ^^^ customes of the wines menconed in the peticon amount to vpwards
con. ^ *■
of forty pounds, vppon a just account, yett the peticoner, being vnwilling to proceed in a legall course of lawe for the recouery thereof, is willing to take but thirty pounds, w* the Court judgeth meete to allow him vppon account w**" the audito'. Courts ans' to The Coui't, having considered of a paper presented by the audito"^ genefl,
y» auditors ^ ^^^^ thereto, judg it necessary, that the audito'' contjnew in his place, and attend his worke, vntill the next Court of Election, when the Tresurer hath fully cleared his accounts, and that Court to determine concerning the contjnu- anc of such an ofiice in this commonwealth. Courts judg- The County Court at Boston having made report of what they had deter-
mined in referenc to the case concerning M"" John Holmans will, according to the order of the Generall Court, May, 1656, i. e., that, notwithstanding the
ment ab' Jn* Holmans will.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 285
evidences produced by Jn° Ilolman, w*''" are on file, they judged the will of 16 56. the sajd Holman legally prooved, & see no cawse to alter the same, this Court '' '
^^ 14 October.
doth approove of the sajd act of the County Court.
Capl W"" Torrey & Cap? Richard Brackctt are appointed as comissloners Couiittee to lay from this Court to joyne w"" two from Pljmouth on the 18"" of Nouember ""^g' ol'mead- next, to meet at Walter Briggs house, at an eleven of the clock, to lay out "^^ ^* Conm-
IlflSS6t>
the sixty acres of meadow according to the agreement betweene our & Pljmouth coinissioners, & in case they agree not, they fower are to choose a fifth, and any three of them are to determine it, making retourne of what they shall doe to the next Gefi Court. This to be donne at the charge of Hingham.
In ans'' to the peticSn of Edward Goflfe, itt is ordered, that what M' Ans' to Edward Richard Russell, Tresurer, & M' Ralph Mousall shall finde on examlnac6n of the sajd Gofl"s account to be due vnto him, on a just account, shall be pajd vnto him out of the publicke tresury.
*jltt a Generall Court of Election, held at Boston, 6** of May, 1657. 1657.
JN° ENDECOTT, Es^, was chosen Govern' for this yeare ensuing, & 6 May. tooke his oath in open Court. [*241.]
Rich Bellingham, Es^, was chosen Dep' Goil for this yeare ensuing, & tooke his oath.
M'' Symon Bradstreet, M' Samuell Symons, Cap? Tho Wiggins, Cap? Daii Gookln, Majo"^ Daniell Dennlson, Majo' Symon Willard, Majo'' Humphry Ather- ton,
Edward Rawson was chosen Secretary for this yeare ensuing.
M' Edward Russell was chosen Tresurer for this yeare ensuing.
M' Symon Bradstreet, & "] were chosen Comissioners for y* Vnited Majo' Gen Daniell Denison, J CoUonjes.
The Goflno' & 1 Dep'Goflno^ } ^'''^''-
were chosen Aslstants, & tooke thelre oaths
in Court, was chosen Majo' Generall.
286
THE KECORDS OP THE COLONY OP
foil:-
The names of the Deputys retournd to serve at this Court were as
Majo"" "W™ Hawthorne, for Salem.
M"^ Rich Russell & Tho Lyue, for Charles Toune.
Left Roger Clap, Ens Hopstill Poster, for Dorchester.
Capt Tho Savage, Capt Tho Clarke, for Boston.
M' Jn" Johnson, M"' Phillip Elliott, for Roxbury.
M' Ephraim Child, M' Charles Chadwick, for Water Toune.
M'^ Thomas Layton, for Lynn.
M"" Edwards Collins, M"^ Thomas Danforth, for Cambridg.
M^ \yni Hubbard, Left Jn° Apleton, for Ipswich.
Left Jn" Pike, for Newbury.
Thomas White, for Weimouth.
M' Jer Houchin, for Hingham.
M"' Robt Merriam, for Concord.
Cap? Eliazer Lusher, for Dedham.
M'' Tho Bradbury, for Salisbury.
Rofet Page, for Hampton.
Maximilljan Jewet, for Rowley.
Sam Basse, for Braintrje.
Cap? Rich Walderne, M^ Vai Hill, for Douer.
Capt Edw Johnson, for Wooborne.
Humphry Chadborn, for Kittery.
Majo'' W" Hauthorne Speaker for y° session.
Coraittee ah*
ministers
maintainanc.
Forasmuch as there are many complaints of the great suffering of the familyes of diuerse reQend ministers of Gods word w"'in this jurisdiccon, for want of such suitable supply as theire state & condicon doe require, the which thing, if reall, tendeth not only to the reproach of the chiu-ches of Christ planted in theise parts, but also to the scandall of our proffessiou, and the losse of the Lords fauorable presence w"* vs, itt is therefore ordered, that Capt Tho Savage, Capt Eliazer Lusher, and Surveyo' John Johnson, for Suffolke ; M'' Richard Russell, Capt Edw Johnson, and M' Edward Collins, for Midlesexe ; INIajo'' Hauthorne, M"' Hubbard, Sen, & Capt Gerrish, for Essex ; Cap! Pendleton, M'' Val Hill, & M"' Bradbury, for Norfolke, be comittees impowred respectively w"'in the seuerall countjes to enquire concerning the truth of the sajd complaint, and (if any be) of the grounde and cawse thereof, as also where they shall finde any defect, to enquire into the state & condicon
THE MASSACHUSETTS BAY IN NEW ENGLAND. 287
of the people to ^ such minister doe belong, and make retourne thereof to the next sessions of this Courte, that so this Court, w'^'' are, by Gods promise, nursing ffathers to the chm-ches, may see that there be meate in Gods howse, and the Lord may still delight in vs to dwell amongst vs, and to blesse both vs & our poore posteritje, and the sajd scandall taken of & prevented for the future.
•Seeing it is difficult to order and keepe the howses of publicke entertajne- [*242.] ment in such conformity to the wholesome lawes established by this Court as l^keepers ij-
ceiise Ijraited
is necessary for preventjon of drunkenes, excessive drinking, vajne expenc to one yeare. of money, tjme, and the abuse of the creatures of God, itt is therefore or- dered by this Courte and the authoritje thereof, that no person or persons heereafter shall be lycensed to keepe an howse of coiiion entertajnement, or to sell strong waters for any longer then one yeaie at one tjme, and that such as keepe howses of publicke entertajnement, or sell stronge waters, which for the present ai-e the present vintners, during theire contract excepted, shall and heere- by are enjoyned to repajre once w^in this yeare to theire seuerall County Courts for renewing theire seuerall lycenses, according to this lawe, for which they are to pay two shillings & sixe penc to the clarke of the Court, or els they shall for- feite and pay, as vnljcensed alehowse keepers, for euery offeuc ffive pounds.
Forasmuch as the recorders of the seuerall countjes are by lawe injoyned Recorders ffeei
stated.
to record all wills and inventorjes, mortgages, and sales legally brought vnto them, and safely to keepe the same, and as yet no lawe hath provided or de- termined theire just recompence, this Court doth therefore order that the ffees of the recorder or clarke of any County Court shallbe as followeth : For entry of of a mortgage, or sale of howses or lands, verbatim, not exceeding a page, consisting of twenty eight or thirty lynes, eight words to a lyne, twelve penc, and proporconably to eight pence p page for what it shall exceede ; and for attesting the record on the originall deede, sixe pence ; and in like manner for wills and inventorjes, w"" six pence a peece for filing vp the originall, and safe keeping thereof ; and for eutring an order as for the determining of an estate of such as dyed, intestate or other, wherein the Court is to give theire approbacbn • or determinacon, twelve pence ; and for entry of the examinacSn and proceedings of the Court in any criminall case, or presentments, w"" the judgment of the Courte therein, two shillings and sixe penc ; and for entry of a recognizanc, twelve penc, to be pajd or secured in Court by the delinquent party.
Itt being found by experjence that the countrje is much troubled to pros- Comissioners ecute ofiences of an inferior nature, and to execute and performe what the ^^^^ g. ^^^ lawe in seuerall cases requires, by reason that the magistrate live farre remote eomission'" from some parts of the countrje, it is therefore ordered, tliat for this present
6 May.
288 THE KECORDS OP THE COLONY OP
1 () 5 7. yeare, INIajo"' W" Hauthome in Salem, Lynne, Marblehead, S; Manchester, M"^ Richard Russell in Charlestoune and Maiden, Capt W™ Gerrish for Newbury, 'M'' Bradbury for Salisbury, Capt Edward Johnson for Wooburne, Redding, & Billirrikey, Capt W" Torrey for Hingham, Weimouth, and Nantascott, Cap? Eliazer Lusher for Dedham and Meadefeild, bee impowred in all criminall cases binding ouer offenders, taking testimonys vpon oath, swearing of connsta- [*243.] bles, taking acknowledgments of deeds, *marriages, to act in theire respective places as any one magistrate may doe, of all which acts they are to keepe a dew record, which they shall retourne to the Court of the countje to w'^'' they belong, and all lawes impowring the coinissioners for the ending of smale cawses (except the coinissioners of Boston & Yorkshire, to act in the cases aforesajd) are heereby repealed. Title to inhaer- This Court, taking into serjous consideracon the great neglect of many per-
& Ijmitted. SOUS, in the infancy of these plantacbns, to observe any due order or legall course for the confirmacon of such sales and aljenatjons of bowses and lands as haue passed from man to man, w'^'' thing may seuerall wajes be of very ill conse- quence to posterity in future tjmes, doe therefore order, and heereby enact, that any person or persons that hath, either himself or by his graunto" or assignees, before the lawe made for direction about inhasritances, bearing date October 19, 1652, possessed and attayned, as his or theire oune propper right in ffee simple, any howses or lands w*''Ln this jurisdiccon, and shall so contjnew, whither in theire oune persons, theire heires or assignes, or by any other per- son or persons, from, by, or vnder them, w"'out disturbanc, lett, suite, or deny- all, legally made, by having the clajme of any pson thereto entred w* the recorder of the county where such howses or lands doe lye, w"" the name of the person so clayming, and the quantitje & bounds of the land or bowse claymed, and such clajme prosecuted to effect w'Mn the terme of five yeares next after the twentjeth of of this present moneth, euery such proprietor, theire heires and assignes, shall for euer after injoy the same w*out any lawfull lett, suite, or disturbance, or deniall, by any after clayme of any person or persons whatsoeiir, any lawe or custome to y' contrary notw"'standing ; and for all bar- gaines and alienacons made, or to be made, after the aforesajd tjme, that euery pson concerned therein observe the directions given in the aboue recited lawe, vpon perrill of suffering all the damage that shall acrue to them, theire heires and assignes, by neglect thereof. Rectifying as- Whereas it is evident that there is much injustice & insequallitje in the
assessments of publicke rates in each toune w"'in this jurisdiccon, whereby some are eased, others burthened, and the comonwealth ^judiced, for the prevention whereof, it is ordered, that howses & lands of all sorts shall be
sessments.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 289
rated at an acquall and indiiferent value, according to thcire worth in the tounes 16 57. and places where they lye ; also euery bull & cowe of fower yeares old and vp- ^'
6 May.
ward at three pounds ; heifers & steeres betweene three & fower yeares old at flvety shillings, and betweene two & three old at forty shillings, & betwixt one and two yeares old at twenty shillings ; euery oxe of fower yeares old and vpward five pounds ; euery horse and mare of three yeares old and vp- wards tenn pounds, betweene two and thi-ee yeare old at seven pounds, of one yeare old and vpwards five pounds ; euery ewe sheep above one yeare old five and twenty *shillings ; euery goate above a yeare old at eight shillings ; [*244.] euery weather sheepe aboue one yeare old at tenn shillings ; euery swine abouc one yeare old at twenty shillings ; euery asse aboue one yeare old at forty shil- lings ; and in all other respects to proceede as provided in the printed law, title Charges, Publicke, and according to the lawe for rectifying assessments, made May, 1651, that so many great estates, though more obscm-e and difficult to finde out, may beare theii-e due and just proportion w"' such estates as are more obvjous, & cannot be hidd.
Whereas this Court hath made seuerall orders for the preventing of ex- All sorts of cesslve drincking and di-unckeness amongst the Indjans, and yett, notw^stand- prohibited to ing, there is litle or no reformacon in that kinde, but it appeareth by com- y° l'>'i'''°s. plaints from all parts of the countrye, and by frequent expedient, that no moderacon cann be attayned to prevent drunckenes amongst them, (the fiuites whereof are murder and other outrages,) this Coui-t, therefore, the premisses considered, doth heereby wholly prohibitt all persons, of what quallitje soeuer, henceforth to sell, trucke, barter, or give any strong licquors to any Indian, directly or indirectly, whither knoune by the name of rumme, strong waters, wine, strong beere, brandy, cidar, perry, or any other strong liquors going vnder any other name whatsoeuer, vnder the pojnalty of forty shillings Vnderpoenalty for one pinte, and so proporconably for greater or lesser quantitjes so sold, ^g '
bartered,, or given, directly or indirectly, as aforesajd. And for the better execution of this order, all trucking houses erected (not allowed by this Court) shall be forthwith demolished. And for the better effecting of this order, it is declared, that one third part of the poenalty shallbe graunted to the in- former. It is also ordered, that speciall care shall be had by the grand jury of euery Shire Court to inquire & present to the Court what they finde or discouer matter leading to such a practize against the true intent of this lawe ; and all other orders giving Uberty to sell strong liquors to Indians are heei'eby vnless in case repealed, and all licenses formerly graunted are hereby disabled and called in ; " '^^'''<^'''"'* provided, alwayes, that it is not intended that this lawe shall extend to re- *» be allowed
by one magis-
strayne any person from any charitable act in releiving any Indian (bona fide) trate, &c.
VOL. IV. PART I. 37
THE EECORDS OF THE COLONY OF
in case of suddaine extremitje by sicknes or fainting, vhicli calls for such help not exceeding one dramme, nor when any phisition shall prescribe, in way of phisicke, any of the particulars before mcnconed, so as vpon sight of his direc- tion in writing, there be allowance had vnder the hand of one magistrate, or where no magistrate is in the toune residing, vnder the hands of the toune cofiiissioners or two of them. Owners of catie It is ordered by this Court and the aiithorltje thereof, that eQy person
(rpav"v''dain- ^i^'^ii'o noticc given, or otherwise left in writing at theire howse or place of age or replevy yg^xaH aboade, of any theire catle impounded or otherwise restrained, shall
y" catle on
peril!, &c. forthwith giue sattisfaccbn to the party wronged, or otherwise replevy theire
catle and prosecute the same according to lawe, vppon perrill of suffering all
the losse and damage that shall come to theire catle by standing in the pound
[*245.] or *other lawfull place of restrajnt, vntil such tjme as the party wronged shall
retourne his damage in a legall way.
Ciarks of )■• This Couj-t, taking into theire consideracon the great damage that will
w nsecutiiT" vnavoydeably acrue to the posteritje of this comon wealth by the generall neg-
y« lawe ag' such jg^^. ^f observing' the lawe iniovninEC a record of all births, deaths & marriages
as refuse to re- ° J J o o
cord y» name within this collony, doe therefore order, that hencforth the ciarks of the writts born dy or i'^ each toune respectively take due care for effecting the same according to marry, &c. ^j-^g intent of the aforesajd lawe : and in case any person or persons shall neg- lect theire duty required by the sajd lawe more then one month after any birth, death, or marriage, the clarke of the writts shall demand the same, w"" twelve pence a name for his care and paynes ; and in case any shall refuse to sattisfy him, he shall then retourne the names of such person or persons to the next magistrate or comissioners of the toune where such person dwell, who shall send for the party so refusing, and in case he shall persist therein, shall give order to the counstable to levy the same. And if any clarke of the writts shall neglect his duty hereby injoyned him, he shall pay the following poenalty ; i. e., for neglect of a yearly retourne to the County Court, five pounds, and for neglect of retourning the name of any person rctourneable by this lawe, whither borne, marrjed, or dead, more then thirty dajes before his retourne to the County Court, five shillings. And that no future neglect may be heerein, the recorder of each County Court is hereby injoyned from tjme to tjme to certify the County Courts respectively the names of all such ciarks as shall neglect to make theire yearely retourne according to this lawe, who, vppon notice given, shall send for such clarke, and deale in the case accord- ing as lawe requireth.
Whereas, in all civill cases depending in suite, y" plaintiff affirmeth that y^ defendant hath donne him wrong, and accordingly presents liis case for
THE MASSACHUSETTS T5AY IN NEW ENGLAND. 291
jucl£;meiit and sattisfaccon, it behooveth both Court and jury to see that the 16 5 7. afRrmacbn be prooved by sufficiieut e\-ideac, els the case must be found for the ''
. . . 6 May.
defendant ; and so it is also in a criminall case ; for, in the eye of the lawe, euery man is honest & innocent, vnlesse it be prooved legally to the contrary. All evidenc ariseth ptly from matter of fact, and partly from lawe or argu- ment. The matter of fact is alwayes feazable to be judged of as well by the jury as by the Coiut ; and concerning the lawe, or the point of lawe, in refer- cnc to the case in quoestion, it is either more easy & generally knoune, or Non liquetts more difficult to be discerned. The duty of the jury is, if they doe vnder- Ime'to'^corae. stand the lawe to the sattisfaction of theire consciences, not to put it of from themselves, but to fiude accordingly ; but if any of the jury doth rest unsatis- fied what is lawe in the case, then the whole jury haue liberty to present a spcclall verdict, viz., if the lawe be so or so in such a point, wee finde for the plaintiffe, but if the lawe be other-wise, wee finde for the defendant, in w""* case the determinacon is left to y" Court. And whereas the clause in y" lawe, page thirty two, mentioning evidenc, is obscure, the jury may bring in a non licquet, which words hath occasioned much trouble and delay in civill proceed- ings : this Court doth heereby repeale that clause, & directeth according to what is aboue expressed for the future.
♦Whereas M' Rich Russell, Tresurer, Capt Eliazer Lusher, & M' [*246.] Ephraim Child, in October last, were appointed by the Generall Court as a Comittce about
^ ' ' rL J Cambndg vil-
coiiiittee to informe themselves more fully of the estate of Cambridge, and lagc whateuer els they shall judg meete, v,'"^ might be necessary for this Court to know, and to make retourne thereof to this Coiut, w"""^ not taking effect, itt is ordered that that order & coiiiittee be in force againe, & continew till the next session of this Court, to v/'^ the coiiiissioners aboue mcnooncd are to make theire retourne.
Whereas the trade of fuiTs w"' the Indians in this jurisdiccon doth prop- Trade w'l'ln- perly belong to the coinonwealth, and not vnto particcular person, who, w"'out jj^jipj liberty of this Court, doe trafficque w"^ the Indians (as it may be justly feared) seuerall prohibbited comoditjes, as gunns, ponder, shott, & strong licquor, &(3, this Court doth therefore order and declare, that no person or persons, directly or indirectly, after the publication hereof, doe trade w"" the Indians for any sort of peltry, excepting only such as are authorized by this Coiut, or those deputed by them, on the poenalty of one hundred pounds fine for euery offenc ; and the Court doth hereby invest Capt Daniell Gookin, M"' Richard Russell, Capl Edward Johnson, M"" Edward Tyng, M'' Edward Jackson, and M"^ Ed- ward Colljns, or any three of them, w"" full power to fiude out the best way and meanes, and to make agreement & contract w**" such able & honest persons
292 THE RECORDS OF THE COLONY OF
6 May.
IG 57. as sliall tender themselves to prosecute the Indian trade for the best bennefitt
of the countrje, and suppressing all irregularitjes therein ; and it is further
ordered, that all informers of the breach of this order be allowed tenn pounds
for euery offenc out of delinquents fines, and that this order be forthwith
published by posting the copie thereof in euery toune.
No graunt, or- Whereas it is found by experienc that the passing & enacting of dluers
cas's befor it gi'aunts, orders, & lawes vpon the first proposall hath occasioned many incon-
be three days yeniencjes, w* might haue binn prevented by mature deliberation, and that it
read.
is the laudable custome of the Parljament of England to passe no bills which haue not binn theire read & debated, it is therefore ordered & enacted by this Court, that no graunt of land, lawe, or order (except transcient acts) shall henceforth be of force but such as, after reading and mature consideracon on three seuerall dajes, shallbe approoved and consented to by the majo"' part of Magistrates and Deputjes.
Law phibitting The clause in y" lawe made in the 6 month, 1654, restraining butchers
lambs re- ^° ^^^^ rams or weather lambs vntlU they be two yeares old, vuder y'= pceualty
pealed. ^f twenty shillings, is hereby repealed.
In aus"' to the peticon of the inhabitants of Salisbury, the Court, con- sidering the seuerall orders of Court, and seuerall retourncs of coiiiittees therevppon, and both partjes being heard, judge that the bounds menconed iu the id peticbn are not yett perfected & legally setled, forasmuch as the last Court order refers to the former, dated 14"^ of 3 m", 56, w""*" requires cxpla- nacon, and a true platt signed by some artist, w*^*" not yett being donne, the worke is not orderly finished, nor the retournes fitt to be recorded, and doe [*247.] therefore order Lef ? Jn° Apleton, M' Joseph *Medcalf, & W W-^ Barthol-
Courts ans' to mew, of Ipswich, Nicolas Noyes, & Daniell Pearse, of Newbury, as coiiiis-
Salisbiiry peti- _ . ...
Jon. sioners, who shall & hereby are impowred to act in this case according to
former orders of Court ; and whatsoeuer they, or the major part of them, shall conclude in reference to the sajd bounds mentioned in this peticon to stand firme & good, provided that Capt Nicholas Shapleygh, of Charlestoune, be procured by the partjes to asist the comissioners in drawing out a platt, and running the lyne according to theire direction, the charge of the coinissioners to be borne eequally by both tonnes, and the artist to be pajd by Salisbiuy only, and that a true retourne be made of what is donne herein to y* next session of this Court, to be rattified & confirmed. Ans' to M' In answer to the peticon of M' Thomas Gayner, the Couit, considering
^^nerspe - ^-^^ order of the General! Court, 23"^ of May, 1651, whereby the peticoner is enabled to revejw his action by virtue of his charter partje, although cancelled, judge meete to referr him therevnto ; and as for his want of
THE MASSACHUSETTS BAY IN NEW ENGLAND. £93
estate, the Court judgeth he may take the bennefit of the lawe in that case 1657. provided. ' '^ '
For the better ordering & regulating of connstables watches, which in „ , y' ,
° ° ° ' Rpgulacon of
seuerall respects are found defective, it is therefore ordered, that henceforth it connstables shallbe in the power of the select men of each toune w'^in this jurisdiccon, or the majo"' pt of them, to order & dispose of the sajd watches, both respecting tjme, place, noumber, qualitje of persons, and what els may conduce there- vuto, so as to them shall seeme most meete.
In ans' to the peticbn of the inhabitants of Chelmsford, craving the Ans' to reniittment of the fines imposed by lawe on them for theire not attend- pet^jon "q. anc to y" pformance of the lawe the last yeare, & this also, for nomination *'"^^- of magistrates, the Court judgeth meete to rcmitt all the fines to twenty shillings.
In ans' to the peticfin of John Sternes, counstable, of Billirrikey, humbly Ans' to Jn» craving the reniittment of the fyne the lawe imposeth on liim for neglecting ^^"^''^ ^^ '" to warne y" freemen of y' place to attend the lawe for nomination of magistrates the last yeare, the Court, considering the freemen are few, y'' peticoner hath put himself to travaile, beslds the charge of entring his peticon, doe reraitt his fine.
Whereas the lands & propertjes of the honnored Capt Wiggins hath not Cap' Wiggins hitherto binn brought w"'in the Ijniitts of any toune, nor biun liable to pay jyabie to as- taxes & assessments, as other the honored magistrates haue donnc, it is there- s^ssments, &c,
at Hampton.
fore ordered by this Court, that henceforth the now dwelling howse of the sajd Capt Wiggin, together w"* the lands and proprietjes therevnto appertayn- Ing, shall belong to the towne of Hampton, and by the selectmen of the sajd toune to be assessed in all rates, according to lawe, any custome or vsage to the contrary notwithstanding, & y' for the tjme past he allow only the some of five pounds to the publicke treasury.
*0n the mocon about Thomas Wests bm-glary, which was not issued, but [*248.] he standing bound ouer to Salem Court, this case is referd to Salem Court Wests case re-
ferd to Salem
next, who are heereby impowred to heare and determine the same. Court, deter-
M"' Humphry Chadborne, being farre remote, & having now an oppor- '
^ •' ' o > a fi/ M'Chadboms
tunity to haue a passage home by water, & the Coiurt being neere ready to be dismission. adjourned, on his request, is dismist from his further attendanc on the service of the Court.
In ans"^ to the peticon of Anne Bate, itt is ordered, y' Lydia Bucke be County Courts forthwith safely convejed back againe to Hingham at the charge of them Burke^con-^ that cawsed hir to be brought from thenc, and that the select men of Hing- fi™'''- ham take care to provide for the sajd auld ^ , according to tJie order of the
6 May.
THE RECORDS OP THE COLONY OP
County Court formerly to them directed, w'^'' if tlie select men aforesajd, in be- halfe of the sajd toune, shall further neglect, they may expect the displeasure of this Court.
18 November, Wee, whose names are heerevnder subscribed, being apointed by the
Generall Courts of the Massachusetts and New Pljmouth to settle a difference betweene the tounes of Hingham and Scittuate, referring to sixty acres of salt marish graunted to the Massachusetts, lying on the east side of the Riuer Conehasset, and in obedience to the sajd order niett accordingly vpon the place, and vppon a survey of the sajd land, could not flude any bound marke appearing according as it was sett out by Hingham men, but vnderstood that Lands ab' Hingham men had riinne the Ijne a little higher vpon the riuer then Scittuate seticd. "^^1^ ^^^^ donne, and thereby had taken six or seven acres of land vpon the
riuer, which Scittuate men had lajd out neere the sea, w"^*" wee conceive was not so agreeable to the coinissioners order as the first lyne, and doe therefore conclude and agree, as a full issue of the case, that the sajd lyne, as it now stands marked and bounded by Scittuate men, shall stand firme and good, and the other Ijne runne by Hingham men to be vojd and of none effect.
WILLJAM TORREY, JOSIAS WINSLOW.
The Coiu't approoves of the retourne of the coinissioners aboue exprest in referenc to y' land. _
Secretary ap- Whereas this Court is informed that there is a matter of seventeene
ne'"to sue °'^' pounds w"'holden by Richard Woodey from this jurisdiccon by occasion of
Rkh. Woodey, ijome transaccou about the Indians, concernuig w* there hath passed some ac-
counts w"" the coinissioners of the colonjes, for the recouery whereof this
Court hath and hereby doth empower M'' Edward Rawsoii, secretary, to be
attorney in behalf of this jurisdiccon, and to prosecute the suite to effect.
[*24:9.] *Wee, whose names are subscribed, according to an order and grauut
Courts confir- made by the Generall Coiut, held at Boston, Octob 14, 1656, haue lajd out
macon of M" c i n i • i x^
NoweUs land to M"^ Parnell Nowell one thousand acres of land, Ijing beyond Douer lajd out, &c. ijojjj^fig Qi^ tjjg northwest, & lyeth vpon the Cochecho Riuer, on both sides thereof, begining on the north east side of a brooke that runneth into the sajd riuer on the north Avest side of Scohomogomocks Hill, lately planted by Indians, and lying two miles in length, vp streame, vpon the sajd riuer, and half a mile in Ijreadth ; also, on the southwest side of the sajd riuer, begining
THE MASSACHUSETTS BAY IN NEW ENGLAND. 295
6 May.
at a pine tree, marked, standing anent the aforesajd Scohomogomocke Hill, 1657. and from thence running southwest three quarters of a mile, and in length, vp streame, one mile and a halfe, and at the vpper end of the sajd lyne lying in breadth from the riuer halfe a mile, being parralell to the lower lyne.
Also, lajd out vnto M'^ Saniuell Nowell one thousand acres, lying on y" south and cast side of the aforesajd Scohomogomocke Hill, and is bounded with the wilderness land annent the great pine swamp on the north east side thereof, and so continewed betweene that and Chochecho Riuer towards Douer bounds, the which south east Ijne wee could not cleerly determine, becawse Douer bounds is as yett vnlajd out.
Given vnder our hands, Ap"" 28, 1657.
THOMAS DANFORTH,
ROBERT HALE.
The Coui-t accepts of this retourne of the coiiiissioners in reference to the lands therein menconed.
In ans'' to the peticbn of Samuell Cole and Cap? James Johnson, ad- Ans' to M' ministrators to y^ estate of Edmond Grosse, humbly craving power from this johnsons^neti- Court to sell the two thirds of the howse and land belonging to the children ^"' of y'* sajd Grosse, ffor y" better enabling of them to pay his debts and sett forth the Sd children, being smale, the Court judgeth it meete to graunt them theire request, & hereby impowres them to make a good sayle of the sajd two third parts of the howse accordingly.
In the case of Henry Farneham ag' Lawrence Douse, counstable of Courts judgm« Charles Tonne, the last County Court & jury not agreeing in y" verdict, '" ^''™''"^^ after a full hearing of the case and all the evidences produced, the Court found for the plaintifFe thii-ty thi-ee shillings & sixepence damage & costs, and his bond retoumed.
In the case of Seaborne Batchiler, now Cromwell, bound ouer by the Courts judgm' Court of Assistants for coinitting ffolly w"' Ezekiell Euerell, being with child Ba^^ne™ by him & marrying w"» Jn° Cromwell, & not discoQring the same to him, w"^'' <^»s<=- she confest, the whole Court, having heard the case, sentenced hir to be whipt w"" twenty stripes the next fifth day after lecture, Ezekiell Everell hauing binn sentenced in y last County Court.
M'^ Thomas Danforth, of Cambridge, and M' Robert Hale, of Charles M' Noweiis Toune, are appointed as coinissioners to lay out the land, being three thousand ^fi" ■d"o*'ut*'' two hundred acres of land graunted by the Generall Court, 22 3 m", 1650, to y» executors of y" last will of M"' Isack Johnson to M"^ Increase Nowells
296
THE RECOEDS OP THE COLONY OF
[*250.]
Ans' to M' Al- cocks pcticon.
Courts graunt of 500 ac. to M' Chauncey.
Ans' to Lan- caster peticou.
Ans' to fferry mens peticon.
Ans' to Eliza- beth Jacksons peticon.
execcuto''s, according to the graunt, provided the tenn pounds due to the conntiy from the executo'^s of y* sajd M' Nowell be first pajd to the conntrje Tresurer, or securitje given for the same.
*In ans"' to the peticon of M"' John Alcocke, for the confirmacoii & this Courts acceptation of the eight hundred forty two acres of vpland & meadow, w'^'', according to this Courts graunt in fiuety six, is returned as lajd out by a plott, together with a two hundred acres more, as is expressed in the sajd jDlott, for all yr"^ he hath compounded w"' the native Indjans and nerest inhabittants betwixt Naticke & Wippsuiferage, who are sattisfied herewith, the Court ac- cepts & approoves of the retourne menconed in the plott annext to the peticon, & graunt the peticoners request, so as it hinder no former graunt.
This Court doth graunt to M'' Charles Channcey, preesident of Harvard Colledg, five hundred acres of land, to be lajd out, in any place not formerly graunted by this Court, by Edward Goffe & Ensign Jn" Sherman.
In ans'' to the peticon of the inhabitants of Lancaster, this Court judgeth it meete to graunt theire request, & doe therefore order and appoint Majo' Symon Willard, Capt Edward Johnson, and M' Thomas Danforth coinis- sioners, impowring them to order the affaires of the sajd Lancaster, and to heare and determine theire seuerall greivances and differences w'^'' obstructs the present and future good of the toune, standing in power till they be able to make retourne to y' Generall Court, that the toune is sufficijently able to order its oune affaires according to lawe.
In ans'' to the peticon of Frauncls Hudson & Jn" Burrage, in referenc to regulacon of payments to y" fferry at Charlestoune, the Court declares that, for sure payment, the law already in force, dated anno 16-18, provides sufficijent- ly for y' case, and orders that, in case of change of money, this country coyne being not in smaler peeces then sixpenc and three pence, it shall not be lawfuU for any passenger to refuse to receave one penny or two pence ia good peage, to make theire change more easy & ready ; that connstables in all cases shall pay for theire oune passages, and for such as are or shallbc implojed in pub- licke service by authoritje they shall bring w"* them a certifficat vnder the hands of them by whom they are implojed, w"'' shall be pajd by the Tresurer of the countrje or county, according to order exjJst in y^ certifficat, to wliich Tresurer it propperly belongs.
In ans"^ to the peticon of Elizabeth Jackson, humbly craving the remitt- ment of a fine of one hundred pounds, imposed by the County Court at Ips- wich for neglecting the probate of hir former husband Hugh Chaplins will twenty months, w"*" shee affirmes to be only through ignorance of y* law in y' case, the Court judgeth it meete to refferr the modderating of y' ffine y"
THE MASSACHUSETTS BAY IN NEW ENGLAND. .£97
peticSner hath incurred to the next County. Court at Ipswich, as they in theire 16 57. discretion shall judgmeete ; and it is ordered that the party y' ought to proove """"^ ~' the will appeare before the sajd Coiut; . ^
In ans' to the peticon of John Truinble, the Court' judgeth it meete to Ans'toJn» referr the moderating of the fine the pcticoner incurred by his neglect in not j-''""' ^^P®' taking administracon to y" estate of his wifes former husband to- the. nexfr County Court at Ipswich, as they in theire discretion shall' judge meete.
*In ans"' to the peticon of Martyn Stebbin, humbly desiring liberty. & r*2.51.] license to brew & sell strong beere, the Court judgeth it meete to deny his Ans' to Martin
Stebbins peti-
request. Eon.
In ans' to the peticon of Cleoment Grosse, humbly craving liberty to Ana' to Clem. brew strong beer & sell it, the Court judgeth it meete to graunt his request.
In ans' to the peticon of Fermon Hadden, the Court having spoken w*'' Ans' to Fer- M"' Bratle, one of the selectmen of Charlestoune, who informed the selectmen peticon. had rec'* & ouned the order of the last County Court at Boston in y° case, whereby what y* peticoner desii'es is setled and provided for.
In aus'^ to the peticSn of John Jephson, the Court, vnderstanding that the Ans' to Jep- peticoner, having made a cleere & full contract w"' the ouerseers of Cap? Tings estate, judg it his duty, therefore, to beare what burden Providenc shall lay on him, or if otherwise he could haue ease, his way is to make his addresse to the toune of Boston.
In answer to the petictiu of Nicholas Davison, in behalf of Doctor Which- Ans' to M' Da- cott and Rebeckah, his wife, the whole Court having beared what M"^ Davison j„ behalf of could say, & on pervsall of the accompts, they voted, that the former answer Hj!^.*""^ given by the Generall Court to M'' Davisons peticSn of the like nature, bear- &c. ing date the 15"^ of October, sixteene hundred and fiucty, should be the answer to his peticon now presented to this Court.
In ans' to the peticon of INIathias Ines, humbly desiring the remittment Ans' to Ines of a fine of five pounds imposed on him by the County Court for sufiering a man to be druncke, & not sending for a couustable, as y° lawe requires, the Court sees no cawse to remitt his fine.
In answer to the peticSn of M"' Samuell Mauericke, humbly craving the Ans' to M' remittment of the forfeiture of his bond of twenty pounds, w"*" he stood bound tiSon. for Doctor Hogsflesh, the Court graunts his request.
In answer to the peticon of seuerall inhabitants of Portsmouth, it is ordered, Ans' to Ports-
,. ■-^/'i i- r • • 11 •! mouth peticon,
in ans"^ to this peticon tor the setting oi a minister, as .also the meeting howse ^g. at Portsmouth, and for prevention of further inconveniencjes touching the same, that the peticoners nominate and choose one man, the rest of the in- habitants another, and the County Court at Douer a third, who are heereby
VOL. IV. PART I. 38
298
THE RECORDS OP THE COLONY OF
Ans' to Boston pet.
Lyne be- tweene Charls Toune, Lyn, & Boston.
[*252.]
Ans' to Hen.
Sherborns pe- ticon ab' Gib- bjns will.
Coniission for Yorke, &c.
authorized to goe on the place, and to heaie what on both sides shallbe al- leadged in the premises, and determine the same as they shall judg best con- ducing to the peace & welfare of the toune ; and in case the partjes shall refuse to proceed to choose as above is exprest, then it is referred to the sajd County Court at Douer to make such order therein as the shall judg best conducing to that end, & cawse retourne to be made to the next Court.
In ans"^ to a petition from the inhabitants of Boston for laying out the bounds betweene Boston & Lynne, it is ordered, that Leift Joshua Fisher, of Dedham, or whom els they should appoint, shallbe & is hereby appointed to lay out the sajd bounds, & to runne a north north west Ijne into the country from the middle of Brides Brooke, ueere to the ffoote path, to be rimne by a meridian compas, the propriety of any lands layd out to the inhabitants of Lynne being not disturbed, according to agreement.
*In answer to the peticon of Henry Sherborne, who, for reasons exprest in the peticon, renounceth Iris execcutorshipp, which this Court doth allow and approove of, and graunts administracon to the estate of the sajd Ambrose Gib- ons to the sajd Henry Sherborne, and orders, that after the debts of the sajd Gibbins is sattisfied, that Samuell Sherborne, his sonne, shall have a double porcbn, and the rest of that estate be sequally distribbuted amongst the rest of the children ; and this Court doth heereby further impower the sajd Henry Sherborne to sell and make a good title to the howse and lands of the sajd Gibbins, to whom he shall sell the same.
Itt is ordered by this Court and the authoritje thereof, that M'' Symon Bradstreet, Capt Thomas Wiggin, Capt Daniell Dennison, & Majo' Gen' Danj: Dennison, w"" the rest of the coiiiissioners y' are appointed to keepe the County Courts of Yorke, Douer, & Hampton on the dajes appointed by lawe, and at theire being at Yorke whiles M' Bradstreet or Majo"' Dennison be there according to the comission and instruccous which the former coinissioners receaved from the honnored Gen' Court, when the former easterne inhabitants were tooke in, that so they not only take in such as are w"'in our Ijmitts vnder this gouermnent, but also to appoint and setle them in such a way of goiinment, w"" comissioners, connstables, & other officers, as they may be enabled to preserve the peace and defend themselves from tumult, and setle due ministrje amongst them, that they may live according to God, vnder such ordinances they are capable of; and further, that the sajd coinissioners take a due and effectuall course for the bringing in of Jn° Bonnighton to a due trjall at Boston for his abusiue carriages & speeches against this goQnment, and that they proporcon each of the tounes in those parts to pay the seven- teene pounds teim shillings for time past & time to come.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 299
Itt is ordered by this Court, that all lawcs of publicke concernment not 1657. yett printed be forthwith transcribed by y" secretary, and sent to the presse to "^ ' ' be printed at the publicke charge, y" printer to be pajd by the Tresurer. . ,
In ans' to the peticon of Thomas Boreman for liberty to build a bridge printed. over a creeke about his farme, y' in consideracon of his building a bridg so ^^^^ netiEon' necessary, he might be exempted from county rates, and y' such as make vse of y® sd bridg, & not contribute to y^ same, they might be Ijable to such charge as this Court shall determine, &6, the Court doth not judge it nieete to exempt the peticoner from rates, but judg it aequall that none make vse thereof, ex- cept it be by the allowanc of the peticoner, or making contract w"' him.
*The counstables of Braintrje and Weimouth being defective in making r*253.] theire retournes of y' chojce of deputjes for theire seuerall touncs, as the lawe Braintry &
1 /-> 1 • o 1 • 1 1 Weimouth
requires, the Court, on theire appearance, & hearing what they had to pleade counstables for favor, it is ordered, that they pay only five shillings, the counstables of ""^ ^'' each toune.
The answer of the Geuerall Court of the Massachusetts to the mocon or request of Wequaganoag, sach of Narraganset, Weto Washaljmassepeteah PecompI, Sachem Wampquamenet, Sach Warquaquetuisquoauc, for liberty or cur consent to make warre vpon Vncus, sachem of the Mohiggins, the Court acknowledgeth the freindship of the Narragansetts, Pocompticks, & Maoake in many of the particulars mentioned, which they haue euer answered w* like love & freindship, & haue neuer donne them nor any of theire people any wrong or injury since theire coming hither, and desire that loue & peace may be continued betwixt them & the succeeding generations. 2^^. The Court likes well theire present addresse to the English, before there be any further ingagement w"" Vncus, & should haue taken it more acceptably if they had donne the like formerly. 3'^. Considering the diiferenc betwixt Vncus & y* Pocompticke Indians, as the Court doth not fully vnderstand the ground of it, as not having heard both partjes together, so vppon what they haue heard they are apt to thinke Vncus maybe in fault, which, if it appeard to be so vppon due hearing, the English will not excuse or countenance him therein ; but Courts ans' to seing the Pocompticke Indjans haue had so great a victory ouer him, & kild ^^tt Indians so many of his men, the Court thinks they may well rest sattisficd, and doe desire there maybe no further proceeding in way of hostlllitje till the comis- sioners for the seuerall colonjes haue heard and judged the case, who are to meete at Boston about fower months hence, and are deputed by all the English to heare and end all differences amongst the Indians that are in freindship w'*" them, which if yow will promise to doe, they will forthwith require Vncus to forbeare toy assault ^ yo'selves or freinds, and doe expect hee will doe accord-
300
THE RECORDS OP THE COLONY OF
1657.
6 May.
[*254.]
About Chas- mores rescue.
ingly. 4'y. As for the mocon of the Narrow Gansetts for liberty to aide the Pocomptick or Mowaks Indians against Vncus, the Court cannot by any meanes assent vnto, much lesse vpon any such old & offencive ground as was mentioned, and which the dead sachem of the Narrow Gansett, at the last meeting of the comissioners at Pljmouth, did openly professe before many sachems and others to throwe a way, as he sajd, and foreuer to forgett, and for any late and new injurjes or affronts that Vncus may haue donne or offered, the coiiiissioners at theire next- meeting willbe ready to heare, & cawse due sattisfaccon, if the case rec[uire' it, to be given.- The Court takes notice that yow are mindfull of yo'' couenant made w"* the coinissioners at Boston, anno 45, which is twelve yeares agoe, not to warre w"' any Indians that are in freindship w"' the English w"'out the consent of the coinissioners, and there- fore like well your coming for advice in so great a case that may so deepely conceme both yow & themselves, yett cannot consent to yo' mocon, but doe require you, according to yo' couenant, & as yow desire the continuance of theire freindshipp, to forbeare any hostile attempt against Vncus or any other Indians in freindship w"* them, till yow haue liberty from y" comissioners of the colonjes so to doe, to whose next meeting they further referr you for finall resolution in all cases of differences betwixt yo'selves c& him or any others.
*The Court, having read & considered the seuerall letters & papers refer- ring to the rescue of Chasmore, of Pawtuxit, judge it necessary to vindicate our just right of judicature ouer them, and that wee should not in silenc passe ouer the affront offered to the marshall and those that were w"' him by the men of Providence, and though wee signifie to the prsesident our good acceptance of his readines to aply himself to what may conduce to wajes of peace & righteousnes, yet that wee also lett him vnderstand our deepe sence of the injui-y donne vs in preventing vs in the prosecution of justice against delin- quents, desiring the sajd praesident to consider of some way for giving due sattisfaccon to vs in doing justice on such persons as vpon examination shall be found guilty, according to the merrit of the facts, that so, justice having a ffree course amongst vs, peace and amitje maybe majntajned betweene the two jiuis- diccons. And it is hereby desired, y' o' present honnored Gouerno' & Dep'y Goiln'' would, by letter, w"' all convenient speede, lett the sajd prsesident •vnderstand the Courts pleasure heerein.
M' Hubbards Wee, whose names are heerevnder written, being appointed by the Gen-
grauntlajd ^^.^^j ^^^^^^ j^^j^ ^^ Boston the Ib^" of October, 1656, to lay out to M' W"
Hubbard, of Ipswich, senio'', one thousand acres of land in any place or places
beyond Exiter Riuer, east or north east, haue accordingly lajd out the sajd
6 May
THE MASSACHUSETTS BAY IN NEW ENGLAND. 301
land as followeth : viz., vpon the north side of Quochecha Riuer, about eight 1 G 5 7.
or nine miles from the mills, as wee judg, the noumber of eight hundi'ed &
ninety acres in a pine swampe, begining at the westermost end of the sajd
swampe, at a great red oake marked on fower sides, & from thence eighty
rods, east & by south, to a great white pine tree vpon the westermost end of a
great old Indian feild, and from thence along the same Ijne through the sajd
feild three hundred and twenty rod to a great pine tree marked on fower
sides, and from thence vpon a north east Ijne two hundi-ed and forty rods to
a great pine tree vpon the top of a hill, marked on fower sides, and from
thence west and by north three hundred and twenty rod to a red oake
marked on fower sides, and from thence three hundred and twenty rod to the
-first marked red oake, and vpon the eastmost end of the aforesajd divicon
two hundi'ed rod square vpon each corner, bounded w"" a great pine tree
marked on fower sides ; and the remajnder of the thousand acres lajd out
in two smale parcels of land on both sides of the riuer, that on the north
side conteyning about seventy acres, bounded w* the riuer & a great hem-
locke tree markt vpon fower sides w"' a T & a W, & three pine trees, and
a litle white oake, all the trees markt on fower sides, that parcell of land on
the south side, about forty acres, bounded w*"" the riuer and two pine trees, a
hemlocke & beech, all the trees markt on fower sides ; these two latter parcels
lying about three or fower miles from the mills, vpon Quochecho Riuer, as
we suppose ; all the sajd parcells conteyning, as appeares, a thousand acres.
Dated y^ 28'" of Aprill, 1657.
SAMUELL HALL, THOMAS BRADBURY.
The whole Court mett together 15"" May, 1657. By theire vote they 15 May. allowed & approoved of the eight hundred & ninety acres in a pine swampe, as aboue is exprest, lajd out to M'' W™ Hubbard and to his heires for euer j and for the hundred & tenn acres exprest in the retourne, it was voted to be- long to y* secretaiy, Edward Rawson, & therefore he is at his liberty to lay so much as compleats that graunt, according to the sajd graunt.
*Wee, whose names are vnder written, being appointed by the Generall [*255.] Court to lay out two hundred acres of land for M'' Edward Rawson, secretary, ^"'^ '^""^ '^J'^
ou* & con-
haue donne accordingly, as followeth : on the east side of Quochecho Riuer firmed to Ed- wee haue ordered one hundred acres, begining at a beech tree neere the riuer, marked as in the margent, and from thenc to runne northward fower score rod, and from the marked tree eastward two hundred rods, and one
302 THE RECORDS OP THE COLONY OP
hundred acres on the west side the riuer, a little below the Indian path, begin- ing at a white pyne marked as aforesajd, and from thence to runne southward, but could not further determine vntill Doner hath layd out theire bounds. The above path lyeth about three miles aboue Peter Cofyns house. Dated this 4"» May. P vs,
BRYAlSr PENDLETON, PETER COFFYN.
The whole Court, mett together 15*^ of May, 1657, by theire generall vote, allowed and approoved of the two hundred acres so lajd out, as aboue sajd, to y" sajd Edward Rawson and his heircs foreuer.
Ans' to Sam. In answer to the petition of Samuell Bennett, humbly craving the reniitt-
enne s pe i- jjjgjjj. ^^ abatement of a fine imposed on him by the County Court for selling goods at excessive prizes, the Coiu't, hauing pervsed, and by theire cornittee examined, the papers in this case presented, together w"" the allegations & pleas of the peticoner & others, by him produced, vnderstanding, by what ap- peared, the peticoner received of George Wallis about forty pounds or vpwards meerely for the release of the bargaine made betwixt them, all other charges the peticoner was necessarily occasioned thereby fully satisfied, see it not meete to graunt the petition in whole or in part.
Ans' to George lu answer to the petition of George "Wallis, humbly craving the remitt-
s pe icon, j-j-jgj^j. Qj. abatement of a fine of fivety pounds imposed on him by the County Court for selling goods at excessive prizes, the Court, vnderstanding by theire cornittee that the peticoner was necessitated to be at the losse of about forty pounds, or more, to attayne a release of the bargaine betwixt him & Samuell Bennett, wherevpon he receaved most of the goods againe, judge meete to re- mitt the fine all to tenn pounds, w* the peticoner is to pay for selling to
others goods at excessive prizes.
April 24, 1657.
Eight thou- Layd out to the vse of the inhabitants of Billirrilcey eight thousand acres
land kid out to °^ ^^T^f^ lying vpon Merremacke Riuer, on both sides thereof, taking in the Billirrikey. tencking howse now inhabitted by Ju" Cromwell, the sajd land being layd out about sixe thousand three hundred acres on the east side the riuer, and about seventeene hundred and fiuety acres on the west side the sajd riuer, and is bounded by the wildernes surrounding the same, as is demonstrated by a plott thereof, taken and made by Jonathan Danforth, survcjor, and exhibbited to this Court, by Major Symon Willard and Cap? Edward Johnson, ajipointed by this Court Octob 14, 1656, to lay out the same.
SYMON WILLARD, EDWARD JOHNSON.
THE MASSACHUSP:TTS bay in new ENGLAND. 393
The Court allowes and approoves of the retourne of these couiissioners 1657. in reference to the land heerein exprest. "~ '< '
15 May.
Whereas Hugh Gunnison was retourncd by the counstable of Kittery to Hugh Gunni serve as a deputy of this Generall Court, and on good informatjon given to chardged. this Court was judged vnmeete to be implojed in a place of that trust, and whereas the sajd Gunnison hath also had some power in judicijary proceedings and in millitary affaires, of all which the Court, for seuerall reasons, judge meet to dischargd the sajd Gunnison therefrom.
*Capt Richard Walderne, having vrgent occasion to leave the Court, be- [*256.] ing to dispatch a ship for the Streights, on his earnest request is dismist. Capt. Wai-
dems dismis-
The Court, having considered of the case of Nicholas Norton, connstable
sion.
of Weimouth, referring to the losse he sustained in collecting the countrie Gortons rec-
'-^ ^ o J ompenc for
levy, know not how in a way of justice to releive him, yet, in a way of favor, losse. judg meete to exempt him from three single countrje rates.
It is ordered, that the present secretary shall and heereby is aiithorized Secre' to pro- and appointed to take due care and cawse such meete and due provicons as he comissioners shall judg necessary for the honnor of this colony be made for the entertayn- iug of the honnored coiuissioner for the Vnited Colonjes, theire servants, &d, and that the marshall generall, besids our coiiiissioners oune attendants, shall waite on them, and sec that all things are carrjed honnorably & orderly.
In . ans'' to the request of M"' Symon Bradstreete, that he might haue M' Bradstreeta liberty to take the five hundred acres of land graunted vnto him at the Court ^j"" in August, 1653, on this side Conecticott Riuer, next the two hundred acres formerly graunted him there, in such place as he may finde most convenient, either below or aboue the new toune that is on the other side the riuer, and to agree or compound w"' the Indians for theire interest therein, if the case so require, the Court graunts his request, provided the two hundred acres for- merly graunted to Majo'' Gen' Daniell Dennison take place before this five hundred acres, and that it hinder no former graunt.
In answer to the peticon of M'' Samuell Symonds, tliat he might take Ans' to M- Sy- three hundred acres as part of his former graunts by way of exchange, to be quests, lajd out by M' Bradstreets, on this side Conecticott Riuer, and to compound w"" the Indians for theire interest therein, if y* case doth so require, the Court graunts his request, so it hinder no former graunt.
In ans' to the request of Majo"" Gen Daniell Dennison, the Court, in Major Denni- reference to his service w"' other gent" implojd by this Court to the eastward, ^""^ ' ^"^^' doe graunt him five hundred acres of land, two whereof was formerly graunted him, & is to take place on Conecticott Riuer before M"' Symon Bradstreets
304
THE EECORDS OP THE COLONY OP
1657.
15 May. Edward Raw- eons 200 acres.
500 acres a peece to Capt. Gookin & Ma- jor Willard.
[*257.]
500 acres to Rich. RusseU.
1000 acres to Jn^ Bndecott, Esq., GoanC.
300 acres to M.ijor VV" Uauthorne.
300 acres to M' Jobu Johnson, surveyor.
300 acres to Cap' Tho. Clarke.
Ans' to M' Coggans petl- con, &c.
flue hundred, the other three hundred acres to be lajd out there or in any other place not hindering former graunts.
The Court, in referenc to y" secretary Edward Rawsons service ■w* other gentm° for the eastward, doe graunt vnto him two hundred acres more of land, to be lajd out vnto him besids w' was confirmed to him on Quochecho Riuer, in any place not interfering w"" former graunts.
In ans'' to the mocon of Majo'' Symon Willard and Capt Daniell Gookin, in referenc to theire publick service donne, the Court doth gi'aunt them fine hundred acres of land a peece, not ^judicing former graunts.
*M'" Richard Russell having binn very serviceable to the conntrje in his publicque imployment of Tresurer for many yeares, for which he hath had no annuall stipend, this Comt doth graunt him five hundred acres of land, in any place not formerly graunted, vpon Nipnop Riuer, at his choice.
In answer to the moc6n of Jn" Endecott, Es^, our present Gouernor, this Court doth graunt him one thousand acres of land, to be lajd out vnto him in any place not pjudicing former graunt, & is in lejw of seventy five pounds by him & his wife in the generall adventure.
In ans'' to y'^ mocon of JNIajo"^ W'" Hauthorne, the Court, in reference to his service w"" other gent" to the eastward, judgeth it meete to graunt him three hundred acres of land, in any place to be lajd out not pjudicing former graunts.
M'' John Johnson having binn long serviceable to y* countrje in the place of survejo' generall, for w'^'' he hath binn so farr from receiving due sattisfac- tion that it hath rather turned to be ^judiciall to his estate, w"** this Court considering of, judg meet to graunt him three hundi-ed acres in any place where he caun finde it according to lawe.
This Court thinks meete to graunt vnto Capt Thomas Clarke three hun- dred acres of land on this Conecticott Riuer, neere the lands lately graunted to M'' Bradstreet, M'' Symonds, &6, provided it hinder no former graunt.
In answer to the peticons of John Coggan, & Martha, his wife, referring to seuerall matters of account, and other things, w"'' tjme will not permitt this Coiut now to enter vpon, nor any necessitie appearing which might call for present issue, the Court judgeth it meete to order and appointe Cap? Daniell Gookin, M'' Richard Russell, & Capt Ehazer Lusher a coiiiittee. Cap? Daniell Gookin to appoint time & place, & impoweres therein to call all par- tjes concerned therein before them, & on examination & hearing the allega- tions on all sides, to make a true representacon of what they finde in the case to the next session of this Coui-t in October, that it may be determined as the Court shall see meete.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 305
Itt is orilcicil, that ISI' Thomas Danforth and Robert Hale are & hereby 16 5 7. shallbe appointed to lay out the former graunt of lands graunted to the lion- ' '' '
15 Mny.
nored Governor, Jn" Eudecott, Es^, on Ipswich Riuer, making retourne comittcc to thereof to the next Court if they may, and that the Governor shall not suf- '''>' ""' ^
Gov'n" former
fer damage that it hath not binn layd out formerly. graunt.
Itt is ordered, that Cap? Daniell Gookin, Majo'' Athcrton, Majo' Willard, Couiittee to & Caj)? Edward Johnson are appointed and heereby authorized us a comittee w"' difrorcnce bc- fuU power, as the Gennerall Court might doe, to heare and determine all differ- '"<"""" *^'
^ ' o ' Dunster&
cnccs bctweene M'' Henry Dunster and M"^ Thomas Danforth, in belialfe of the M' Danforth,
& botwccnG M'
children of M'' Josse Glouer, that Cap? Gookin appointe both time and place, ounster & y«
Also, it is appointed and ordered, that the sajd comittee shall and hereby <=''""*i')'<=. are impowred to heare and determine all differences betweene the sajd Henry Dunster and the country in reference to his accompts, the secretary being ap- pointed in behalfe of the countrje to make all due objections against his accompts.
It was voted by the whole Court, that the lawe in reference to the howse Order ab' of correction & punishing offenders in the sajd lawe exprest, made May, 1656, section &C be & continew in force till the Court shall take further order. ""^^^ ^^''J''
16o6, con-
*ltt is ordered, that the admlnlstrato'^s to the estate of David Selecke shall firmed. & hei-eby are inipowered to sell the house and lands belonging heretofore to [ ~58.] v° sd David Sellecke, to sattisfy the creddlto'^s, the thirds of Susan, his wife, """'^ ^^■,,
'' ' J ^ J ? power to sell
during hir life, if challendged, excepted. M' Sellecks
howse.
Gent" : Wee suppose you are not ignorant of y* clajme made by our comissloners Letter to M' att Wells, anno Doni 1653, to the government of those parts, & theire protes- J(,^J.dan. tacbn, then published by the marshall, against any that should challenge or excercise authoritje ouer any persons Inhabiting w"'ln the Ijmltts of our pattent beyond Saco but what shall be derived from this Generall Court, ■which, though they were not then exactly knowne, yett in the yeare ffol- lowing were bounded by artists employed by vs, and are yet vnknoune to yourselves, since which wee haue implojed coiiiissloners to setle those parts, and to finish what was not donne by our former comissloners at Wells ; but that buiseness proceeded not according to our expectation, although yo'selves were desired to meete oiu- comissloners at Yorke. Wee haue heard diverse complaints for want of government, and haue binn informed of some endeavo" to disturbe thie qulett of y'* people at Saco and Wells, which wee haue winked at, expecting a ready complyance of all persons inhabiting our llmitts, espe- cially since our answer to y" expostulacons and demaunds made to us by the
VOL. IV. PART I. 39
306 THE RECORDS OP THE COLONY OF
15 May.
1657. inhabitants there, presented to vs by M'' Cleve ; but finding ourselves deceived "^1 ' in our expectation, wee haue againe given coiiiisslon to some gentlemen, whom wee desire and expect yow will mecte at the next County Court at Yorke, and contribute yo'' asistance for the selling of those parts beyond Saco to the vt- most bounds of om- pattent ; and yo'' concurrance heerein will, wee doubt not, much conduce to the good of those parts, which is a principle scope and de- sii'e of the GeQ^ Court of the Massachusetts.
Yorkshire pe- Itt is Ordered, that the peticbn presented from the inhabitants of York-
his highnes. shire be sent to his highnes the Lord Protector, according to theire desire. M' Coilings & The Court, observing that two gent" retoiu-ned for deputjes to serve at
this Court, after chojce & acceptance, viz., M'' Edward Collins for Cambrldg, & M' Valentine Hill, of Douer, whereby they haue broken the lawe made in y* yeare 1654, requiring theire attendance vnder the pocnalty of twenty shil- lings p day, it is ordered, that the gent" should haue notice to give a reason of theire absence at the next session of this Court, or else the lawe provided in that case to be in force against them. Days graunts Steven Day, of Cambridg, having often complajned that he hath suffered
acres. ' much damage by errecting the printing presse at Cambridge, at the request of
the magistrates & elders, for w* he neuer had yett any considerable sattisfac- tion, this Court doe graunt him three hundred acres of land in any place not formerly graunted by this Court. Marshall Mich- Marshall Generall Edward Michelson having binn many wayes servica-
"^/soo ^^'^"^ ^^® ^° ^^^^ country, as in wayting on the comissioners to Kettery, & otherwise, besides his constant imployment, for which he hath had no allowance from the publicke tresury, this Courte doe therefore graunt him three hundred acres of land in any place not formerly disposed of by this Court.
In obedience to an order of the County Court, held at Charles Toune, Decern^ SO"", 1656, wee, whose names are vnderwritten, meeting at Cam- bridg, 2'* 1 i?i, l^, to weigh and consider what briges are fittest to be built & mainteyned at the countjes charge, after due examination of things, wee finde the bridges of this county already erected & to be erected (as wee conceive) to exceede for noumber & charge all the other countjes w*Mn this colony, and [*259.] w"'all considering the *greate necessitje of bringing in all that are alike vsefull, Vf'^^ would amount to such a charge that wee qujestion the countjes abilitje to mainteinc & beare the charge thereof, and having some experimentall knowl- edge that tounes will be more cautious in laying out theire oune costs then the countjes, both in building & repayring, doe therefore conclude, according
THE MASSACHUSETTS BAY IN NEW ENGLAND. 397
to our weake aphentions, that as few bridges should be built at the conntjes charge as possibly maybe, only those two bridges, i. e., at Billirrikey & Mis- ticko, to be finished at the countys charge, and for tjme to come majnteined in repajre by the tonnes & precincts in which they arc, and those touncs that are forced to build bridges more for the passage of others then theire oune benefitt, may haue help from the county, by this honnored Courts appoint- ment, if theire burden in building bridges exceede theire sister tonnes, and in Order setling case any toune shall propound to this honnored Court for erecting of bridges county of ^ contrary to what is heere present, wee are ready to giue further account to M""'^'*'^''' *^ this Court why the county should be no further charged that way. And whereas it appcares to vs that Concord, Sudbury, & Lancaster are at a greater charge in bridges for the publicque vse of the conntrje then some other of theire neighbor tounes, wee conceive it meete that they be abated as follow- eth : Concord & Lancaster all theire rates, whither pajd or to be pajd, to those two bridges aboue named, & Sudbury the one halfe of theire rates to the sajd bridges, and theire abatements to be sattisfied to the vndertakers of those bridges, or repajed againe to such as haue pajd, as followeth: i. e., Chelms- ford, two pounds ; Billirrikey, one pound ; Charles Toune, tenn pounds ; Meadford, two pounds ; & what these shall fall short of sattisfying those aboue mencbned abatements, made vp out of the connty stocke, either fines or otherwise, as the Court shall please to determine.
Provided alwajes wee tliinke it meete that no stop be made of any the aboueid abatement, so as to interfere or obstruct the performing of the present engagement respecting those bridges.
RALFE MOUSALL, HUGH MASON, EDWARD GOFFE, JOSEPH WHEELER, THO: NOJES, EDWARD JOHNSON, WILL: COUDREY, ABRAHAM HILL, JN° PRESCOTT, JOHN PARKER.
7: S2 A, 1657. This retourne being made to y* Court, it was accepted by y" Court, who ordere that this retourne of y" comittee shall be presented to the next Gefii" Court by the dark of y° Court for theire coufirmacon & setling thereof.
THOS: DANFORTH, Recorder.
308
THE RECORDS OF THE COLONY OF
Artilliry,
graunt of 500 acres lajd out.
14 October, 1657.
This retourne, aboue menconed, so signed, was accordingly presented to the Generall Court the 18 3 in, 1657, who did allow, approove, and confirme the coiiiittees determinations in reference to y" matters conteyned in the re- tourne, according to y" County Courts desire, any lawe, vsage, or custome to y" contrary notw^'standing.
In answer to y' peticon of y^ Artilliry Company at Boston, five hundred acres, pt of the thousand acres formerly graunted them, & layd out by Ju° Sherman, neere vnto Concord Ijne, where it comes ouer Shawshin Riuer, being fower hundred rods in length & two hundred rods in breadth, the Ijnes run- ning neere south west & by west, & north east & by east, & north west & by north, & south east & by south, is allowed & confirmed to them ; and it is further ordered, that the other five hundred acres be lajd out next y^ five hun- dred acres already layd out, at the head lyne, betweene Concord & Cambridge, if free from other graunts, els on y" southwest of Meadefeild.
The Court is adjourned to y" 14"* day of October next, at eight of y" clocke in y' mof ing.
[*260.]
14 October.
Addition to y" late lawe ag* entertayiiing Quakers, &c.
*^tt a Gennerall Court, held at Boston, 14 of October, 165T.
MiE Court mett againe at the tjme appointed.
As an addition to y'^ late order in reference to the coming or bringing in any of the cursed sect of the Quakers into this jurisdiction, it is ordered, that whosoeuer shall from henceforth bring, or cawse to be brought, directly or indi- rectly, any knoune Quaker or Quakers, or other blasphemous haereticks, into this jurisdiccon, euery such person shall forfeite the soiiie of one hundred pounds to y" countrje, and shall by warrant from any magistrate be coiiiitted to prison, there to remajne till the pcenalty be sattis:Qed and pajd ; and if any person or persons w"'in this jurisdiccon shall henceforth entertajne and con- ceale any such Quaker or Quakers, or other blasphemous haereticks, (knowing them so to be,) euery such person shall forfeite to the countrye forty shil- lings for euery howers entertajnment and concealement of any Quaker or Quakers, as aforesajd, and shall be coiiiitted to prison, as aforesajd, till the forfeitures be fully sattisfied and pajd. And it is farther ordered, that if any Quaker or Quakers shall presume, after they haue once suf- fered what the lawe requireth, to come into this jurisdiccon, euery such male Quaker shall for the first ofienc haue one of his eares cutt ofi", and be kept at worke in the howse of correction till he canu be sent away at his oune charge, and for the second ofienc shall haue his other eare cutt of, &6,
11 Ottober.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 309
and kept at the house of correction, as aforesaid ; and euei-y ■woman Quaker 1057. that hath suffered the lawe hecre that shall presume to come into this juris- diccon sliall be severely -whipt, and kept at the howse of correction at worke till she be sent away at hir oune charge, and so also for hir coming againe she shallbe alike vsed as aforesajd ; and for euery Quaker, he or she, that shall a third tjme heerein againe offend, they shall haue theire toungues bored through -w"" a hot iron, & kept at the house of correction, close to worke, till they be sent away at theire oune charge. And it is further ordered, that all & euery Quaker arising from amongst ourselves shall be dealt w"* & suffer the like punishment as the lawe provides against forreigne Quakers.
It is ordered by this Court & the authority thereof, that henceforth euery ConnstaUes to counstable is impowred & hereby enjoyned faithfully to collect such rates and assessments as shall from tjme to tjme be coiliitted vnto them respectively by y* select men of the seuerall tounes, provided it be by warrant vnder theire hands.
Itt is ordered, that all sorts of corne, payable into the countrje rate for Prise of corno this yeare, shall be pajd the one halfe in wheate, barly, or barly mault, at ratcs"&c.''° fower shillings p bushell, not above one quarter in Indian, at two shillings sixe pence p bushell, in rye & pease at three shillings p bushell, and all other goods shallbe valued at the price of corne. And it is further ordered, that the current price of all sorts of corne shall be in all payments as it is stated in the countiy rate for this yeare, except it be otherwise concluded by mutuall consent of partjes as are concerned therein.
In the case of Leiuten"' Phillips, he being bound to ans' to this Court Lef Phillips for his son, who was accused for bringing in Quakers into this jurisdiccon, '"'^'^'^se ,t t. the Court, on a hearing of the case, doth acquitt & dischaige y" 5d Left Phillips of his bond, no good evvidence appearing to proove y'' accusacon.
*Whereas in y' origiuall bill for y" desiring the honnored Gove""" to [*261.] remoove vS: make his aboade in Boston, it was propounded by the Magis'*, & Governcs
-nv ■ ■ 1 • 1 1 1, house rent to
consented to by y" JDeputjes, to consider either then, w"^" was in May, 1655, or be discharged, the next sessions in the same yeare, suiteable accomodacons that may encom-age for the future, w"^ being forgotten or neglected at the tjmes, the Governo"' having attended the Courts mocon, it is therefore ordered, that his howse rent for this two yeares past shall be pajd & discharged by the Tresurer.
Whereas, att a meeting of the council! of the coiiionwealth, August 14"", 1656, they tooke into consideracon the sad contcncon & divicon of the church' of Salisbury & Hauerill, & therevpon thought it necessary to send certajne elders & other messengers to compose that difference, whicli, through
310
THE KECORDS OF THE COLONY OF
1657. the blessing of God vpon theire endeavo''^ is in a good measure attayned, &
'^ ^ theire officers setled amongst them, which greatly concernes the welfare of
Charges ex- those touues, and whereas the sajd conncill appointed M' Sam Hall & M'
pcnded at Jqo Cleoments to entertajne the sajd messengers, and to receave payment for
Salisbury &
HaueriU to be the present from the Tresnrer of y'^ countrje, intending at the least to lay the counstable charges in conclusion vpon the delinquents that were the occasion of that there byarate, (;i-Q^j]3ig^ ^j^jj forasmuch as the sajd messengers haue made only a verball retoume In the generall what successe God hath given to that affiiire, nor doe wee finde them free to nominate persons that maybe sent for & further proceeded with, & considering the whole tounes hath receaved reall benefit more wajes then one by the result of that meeting, & the following successe, haue therefore thought meetc to recede from that w'^'' was first intended, & from that which in after tjmes this Court intends to practise towards delin- quents in like cases, & that shallbe found so by this or any other Court of judicature, doe therefore order & aj)pointe the counstables of the sajd tounes forthwith to call the toune together, & levy, by way of rate, the soine of twelve pounds nineteene shillings, according to the way & rule of the countrje rate vpon euery inhabitant for his estate, only leaving out head money, & deliuer the same to INI'^ Hall, or his assignes, in sattisfaction of the aforesajd chardges at Salisbury : the like coui'se the counstable of HaueriU is to take for y" sattisfying of M"^ Cleoments for y^ chardges expended in HaueriU, &d.
At a County Court, held at Salem, 1 5 in, 57.
Whereas there were seuerall accons coiiienced at this Court by some of Ipswich case the inhabitants of Ipswich, which were of great & generall concernment, and affirmative" *^^ Coiurt, fearing the vsiiall manner of proceeding would not put a comfort- able issue to y'= sajd cases, propounded to the partjes that the quajstion in controuersie might be stated & presented to the Generall Court for resolution, w'^'* determine the particcular accons, and all others that arise vpon the sajd quaestion, w'^ qua3stion was by the Court stated, w* the consent of partjes, & is also as followeth : —
Att a generall yearely meeting of the inhabitants of the toune of Ipswich, 25 Fet), 1655, voted to give one hundred pounds towards building or buying a howse for M"' Cobbett. The question is, whither this A'ote doth binde all or any of the inhabitants of the sajd toune to pay any thing towards the sajd hundred pounds, & that such as are or were vnwilling maybe com- pelled therevnto, yea or no; and it is agreed, that either partje shall haue libertje to present theire reasons in writing to the Generall Court, pro & con, but no other pleading by either parte to be allowed.
Vera copia. P ELIAS STILEMAN, Clerc.
14 October.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 31I
This case, thus signed by the officer of the Couuty Court at Salem, was 1 fi 5 7. presented to the Generall Court sitting at Boston 14* of October, 57, who, after pvsall of the reasons alleadged by both partjes, and consideracon of the question, the Court resolved it on the affirmative.
*In the case betweene M'^ John Johnson, of Roxbury, attourncy for M"^ [*262.] AV™ Sheldon, of London, plaintiffe, & Leifl Joshua Hues, of Boston, admin- Sheidcnscase
determined.
istrato'' to the estate of M'" Joshua Foote, defend"', in referenc to two hundred pounds w* he, the sajd M'' Joshua Foote, promised to giue as a marriage por- con w"* his daughter vnto the sajd Sheldon, the Court, on a hearing of the case <& all partjes concerned therein, finds for the plaintiffe two hundred pounds damage, & thirty nine shillings & eight pence costs.
In answer to the peticon of Edward Michelson, the Court judgeth it Edward Mich-
. .,^ , . f^ ,. . Olsons recom-
nicete to graunt the peticoner the impost of strong waters, accordmg as it was jjcnce, &-c. formerly graunted, only for two yeares now next coming, and for his attend- anc on the honnored coiiiissioners of the colonjes the soiiie of three pounds.
Vpon occasion & in answer to the peticon of Concord, Lancaster, »S:c^, Ans' to Con- the Court, taking into consideracon the great necessitje of a constant supply ^rr, peticon of iron to carry on the occasions of the countrie, and being credibly informed "''"^' "'''"
wovkes, &c.
that the workes in present being are not like long to continew, nor doe those gent" in England (to whom this Court graunted certajne j^riveledges & immu- nitjes) psecute the same, as was expected & intended, nor take care how the eountrje for the present & future tjmes maybe provided for, whereby vnsufferable damage may accrew, if not tjmely prevented by the care of this Court & indus- trje of the people ; and forasmuch ^ the present owno''s of the sajd works haue not binn able at all tjmes to supply the inhabitants w"" iron, becawse they had it not, and many tjmes haue exceeded the price Ijmittcd in the agree- ment w"" the first vndertakers, Sc being demanded by this Court whither they held themselves engaged to make good the vndertakers couenant as to the supplying the eountrje with iron, refused to make answer therevnto, the premisses considered, the Court judgeth it necessary to provide for theire oune indempnitje, and therefore doe graunt to the inhabitants of Concord & Lancas- ter, and such as they shall associate vnto them, according to the tenor of theire peticon, liberty to erect one or more iron workes w'Hn the Ijmitts of theiie oune toune bounds, or in any comon place neere therevnto, any law, order, or graunt to the contrary notwithstanding ; provided, neuertheless, the aforesajd gent" in England, or theire assignes, shall haue libertje for one yeare from the first of March next to purchase the sajd worke or M'orkes, vpon due valuation & consideracon, as this Court, or persons indifferently chosen, shall judge aequall ; provided also, that it shall not be lawfuU for the owno''s of this new
14 October.
812 THE RECORDS OP THE COLONY OF
1657. worke intended by themselves or agents, directly or indirectly, to hire or en- tertajne any of the workemen at psent implojed in or about the workes at Haincrsmitli or Braintrje that are by couenant engaged to the ouno''s thereof, or that are indebted to them, & by promise bound to worke out the same, except they shall obtajne the free consent of the sajd owners or agents so to doe, that so the setting v^j of one worke may not pjudice the old.
Ans' to fisher- In answer to y" peticon of Edw Kainsford, Gamaljel Wajte, John Shawe,
Mathew Abdy, Richard George, John Pell, Richard HoUige, Rich Wood- howse, Robt Linkhorne, Abell Porter, Peter Till, Abraham Broune, Jn" Mel- lows, fishermen, humbly desiring that they may be exempted from traynings during the tjme of the fishing season, &d, the Court graunts theire request. [*263.] *Whereas this Court hath formerly declared theire right of jurisdiccon
ouer the inhabitants of Blacke Pointe, Blew Point, & Casco Bay, to the latti- tude of forty three degrees forty three north^'ly lattitude, and haue hitherto made very amicable applications to the inhabitants there, and this last somer did send coiuission"^* to Yorke, expecting the principall persons dwelling in those parts would, vpon our letters formerly to them directed, haue attended our coinissioners for the issuing of the buisnes, but the sajd partjes fayling, the sajd coinissioners did, by warrant vnder theire hands, (whereof the partjes had notice,) suiiion the inhabitants of the parts aforesajd to appeare at the Generall Court at Boston, October li"", 1657, where and when the partjes aforesajd, being called, appeared not, but made default, and iusteede thereof, at the latter end of the Court, a paper, subscribed by George Cleve, was present- ed to this Court, (wherein he declares against the legalitje of our proceedings, & the resolution of the inhabitants there, as he g'tendeth,) to deny submission vnto vs, wee doe heereby declare our right & clajme to those parts, & the in- jurious refusall of the inhabitants there, concerning which wee shall seriously advise what for the future maybe most expedjent for vs, yet for the present judge it best to surcease any further prosecution, w"* this protestation, that if
Courts declara- any mischiefe or inconvenienc happen, by reason of theire oune differences,
tion & protes- r j- i ^ • i ■
tation in refe'e or for want of a setled government there, that Avee are innocent, (having vsed.
to y" eastern p».
October 23, 57. must & ought to be imputed to the sajd inhabitants.
„ in our vnderstanding, all requisite endeavors,) and that all the blame & dainger
M' Dunsters In the case betweene M' Dunster & y* countrje, wee, the coiiiittee of the
recompence. Qenerall Court, having duly examined & seriously weighed the allegations of
M'' Edward Rawson on the countrjes behalfe, as well as the dilligent service
of M' Dunster for soundry yeares as pisident of the colledgc, doe humbly
' conceaue his recomijenc then rcce'vd was short of his labor, being much more
23 October.
THE MASSACHUSETTS BAY IN NEW ENGLAND.
then is allowed in that service at present, & therefore wee doe judge it for the honnor of the countrje to give him the additional! reward of one hundred pounds, or at least to acquitt him of any debts due to the coimirje ; & all this with submission to y" honnored Court.
DANIELL GOOKIN, SYMON WILLARD.
The Court considering that M' Dunster, in the tjme when he was presi- dent, was very serviceable to his vtmost to advance the good of the colledge," for w"^*" no full recompence hath binn allowed, judge meete to acquitt & dis- charge him of that debt he owes to the countrje, which is not aboue forty or fiuety pounds, as a gratuity for his good service.
In the case of Edward Rawson, attourney for the Massachusetts ju- Courts judg- risdiccbn, plaintiffe, against Richard Woodde, defendant, the Court, on S^"j!^ hearing of all evidences in y" case y' was produced by both partjes at the Coimty Court and Courte of Asistants, doe finde for the plaintiffe seventeene pounds nine shillings & six pence, & thirty shillings costs, & ordered the sajd seventeen pounds to be pd in peage, at 6 a penny, as he receaved it.
M' Jeremiah Houchin, Capt Tho Savage, Capt Tho Clarke, M' Anthony Coisissioners Stoddard, M"' Nath Duncan, JNP Edward Tyng, & M'' Richard Parker, chosen g^o^jg before & retourned coiulssioners for y" toune of Boston for y'' yeare ensuing, tooke y° Court. theii'e oathes before the whole Court.
•Whither execution issuing out of the Court of Boston coinissioners, by [*264.] virtue of a judgRient there obtajned, may be executed in any part of this Question, how
farr executions
jurisdiccon, the Court resolved it on the negative, declaring y' execution cann may be served, goe no further then attachment, and that all persons sued to the Comissioners cogussio" Court are bound to giue in suretje by some knowne able inhabitant of Boston Court, to respond the judgement & satisfye execution.
There being in the yeare 1656 fiffty acres of land graunted to John EdmodRice Stone, of Sudbury, M'' Nojce & Edmond Rice being appointed to lay out the ^^ lay^out'so^ sajd land, M'^ Nojce being deade, Ensigne Noyce is appointed to supply his acres of land
for Jn" Stone.
fathers roome, to joyne w"^ Edmond Rice to lay out the sajd land.
In ans'' to the peticbn of Robert Pike, humbly desiring y" Courts favo"", Rob« Pikes his fine being pajd, to remitt to him & release him from the other pte of the Courts former sentence against him, M'' Worcester, y" pastor of y" church at Salisbury appearing on y® behalfe of the peticoner, and acknowledging him- self much bound to the Court if they would be pleased to graunt y'= sajd Pikes request, the Court graunts his request.
In answer to the peticon of Steeven Gates, humbly desiring y' no fine
VOL. IV. PART I. 40
314
THE RECORDS OP THE COLONY OF
1667.
23 October. Ans' to Gates petlcon. Ans' to Mars- tons peticon, he fined 10".
Caps lef , & ensigne of Springfeild compay.
Ans' to major gen'^ peticon.
Cap* Gookins 600 acres at Pequod.
[*265.]
Roxbury land of 4000 acres to be lajd out.
Ans' to Jn*" Shaws peticon.
Ans' to Cap'
Davenports
peticon.
Provicon for setUng of min- isters & minis- ters niajnte- nance.
may be inflicted on him for his neglect in not warning the freemen to give in theire votes for magis*"*, he being at y" tjme sicke, & having pd tenn shiUings for entering his peticSn, the Coiut graunts his request.
In answer to the peticon of Willjam Marston, humbly desiring the remittment of his fine, imposed on him by y" County Court at Hampton, for keeping two Quakers bookes & a paper of the Quakers, according to law, i. e., fiveteene pounds, leaving himself to y' Courts mercy, acknowledging he hath transgrest y" law of y" countrje, the Court judgeth it meete to remitt one third pt of his fine, the other two thirds being levjed & pajd in forthwith.
In answer to the peticon of Henry Burt, clarke to y" company at Spring- feild, humbly desiring that theire chojce of M'^ John Pinchon, captaine, M' Elizur Holiocke, leftenant, & Thomas Cooper, ensigne, may be allowed and approoved of, & confirmed in theire places by this Court, the Court graunts theire requests, & allows of & confirms y" gen'° aboue sajd in those places.
In ans' to the peticon of Majo'' Gen" Daniel Dennison, desiring that y" five hiindred acres of land graunted to him by this Comt to be lajd out on Conecticott Riuer in two places, may be graunted him to be lajd out to him either at Pennaquooke, on either side of ]Merremake Riuer, or neere Pacom- sickqucke, about 3 or 4 miles beyond IMcrremack Riuer, about sixe or eight miles below Patucket, as he shall find most convenient foi- him to choose, the Court graunts his request, provided it hinder no former graunts.
It is ordered, that the five hundred acres of land graunted the last session of this Courte to Captaine Daniell Gookin be lajd out in some convenient place on the eastermost side of Pequot Riuer by Cap? George Dennison, who is appointed to see the same donne accordingly.
*There being heretofore fower thousand acres of land graunted to Rox- biuy by this Court, a pt of which remajnes yett vnlajd out, this Court doth therefore heereby order & appointe, that Capt Eliazer Lusher & Leiu? Joshua Fisher, of Dedham, to lay out the sajd land according to the graunt, and, hauing finished the same, to make retourne thereof at the next Coiut of Election. This to be donne at the charge of the grauntees.
In ans"" to the peticon of John Shawe, the Court declares, that if any man deprives him of his right in any lands, the lawe is open for him to trye his title in y^ County Court.
In ans'' to the peticon of Capt Richard Davenport, the Courte judgeth it meete to graunt him five hundred acres of land.
Whereas it appeares by the retournes of the seiierall coiiiittees of the respective countjes that some ministers are not so well provided for as they ought to be, & some places wholy destitute of ministers, this Court, taking the same into consideracon, doe therefore order, that the sajd retoiu'nes be
THE MASSACHUSETTS BAY IN NEW ENGLAND. 315
transmitted to the Courts of that county to W** they belong, which Courts ai-e 16 5 7. heereby fully authorized, & also desired, to take the best & speediest opper- ' '^ T*
• 1 • 1 • 1 • 1 • 1 ,■ ■ • 23 October.
tunitje & meanes to relciue the sajd wants, either in supply of ministers where there is none, and meanes to majntajne and supply the minister where they are in the seuciall countjes, as to the sajd Courts shall seeme most expedjent, & iu case no way or meanes shall appeare for the attajnement hereof, that then they shall signify the same from tjme to time to y" Generall Court to be further considered of.
In answer to ceitaine proposalls presented to this Court by the ouerseers An appendixe of Harvard CoUedge, as an appendix to the colledge charter, it is ordered, the (.hMter corporation shall haue power from tjme to tjme to make such orders & by lawes for the better ordering & carrying on of the worke of the colledge, as they shall see cawse, w*out dependance vpoii the consent of y' ouerseers fore- going ; provided, alwajes, that the corporation shall be responsable vnto, & those orders & by lawes shallbe alterable by, the ouerseers according to theire discretion. And when the corporation shall hold a meeting, & agreeing w"» colledge servants, for making of orders & by lawes, for debating & concluding of affaires concerning the proffitts & revenues of any lands or guiftes, & the disposing thereof, (provided that all the sajd disposalls be according to y« will of the dono",j for mannaging of all emergent occasions for the procuring of a generall meeting of the ouerseers & society in great and difficult cases, & in cases of non agreement, & for all other colledge affaires to them ptajning, in all these cases the conclusion shall be valjd, being made by the majo' part of the corporacSn, the president having a casting vote j provided alwajes, that in these things also they be responsable to the ouerseers as aforesajd. And in case the corporacon shall see cawse to call a meeting of the ouerseers, or the ouerseers shall thinke goode to meete of themselves, it shall be sufficijent vnto the validditje of colledge acts that notice be given to the ouerseers in^tlie sixe tounes menconed in the printed lawe, anno 1642, when the rest of the ouer- seers, by reason of the remotenes of theire habbitacons, cannot conveniently be acquainted therewith.
*In ans"' to the peticSn of Georg Dcnnison, W" Thompson, "Walter Palmer, [*266.] Tho Stainton, & Jn° Gallop, the Court judgeth it meete to order, that the letter ^^^' *" ^^P*-
Deunisons
herevnder writt be sent to the Generall Court of Conecticott by y" secretary, peticon.
Gent° : Wee cannot but take notice of yo"^ clajme vnto and disposing of the lands in the Pequot countrje, wherein wee haue alwajes challenged an interest, and yet see not reason to lay doune the same. Wee haue pervsed the judgment
316
THE RECOEDS OF THE COLONY OF
1657.
23 October.
of the comissioners in 46 & 47, that the jurisdiccoa on the west side of Pe- quot Riuer ought to belong to Conecticott till the Massachusetts shew reason to the contrary, against which wee shall not at present object, conceiving thereby our title to the lands on the east side the riuer to be (at least tacitly) yeilded to vs, notw"'standing w"^*" yow haue proceeded to dispose of those lands to diuerse persons, and to exercise jurisdiccon ouer them, w"''' wee cannot but take notice of and declare to be jp'judicjall to oiu- right, and therefore doe desire & expect yow doe freindly yeild vp those aforesajd lands on the east side of Pequot Riuer vnto vs, and that yow doe not further proceede to exercise authoritje ouer the inhabitants there, or to be greivous to them w^'out theire oune consent, till the matter be determined according to the articles of confoed- eration ; if (at least) yo'' oune justice shall not fvaile w"" yow to yeild it to vs w^'out that trouble, wee are at present to make knoune our clajme to yow by a peticon ^sented to vs from the inhabitants there. Supposing it will not be vnacceptable to yow that this buisnes be issued peaceably & freindly, accord- ing to the relation wherein wee necessarily stand engaged, wee shall not ad further at present, but coinitt yow to God, and rest yo'' ^.
Hamton &
Salisbury
bounds.
Wee, whose names are heere vnto subscribed, being appointed by the honnored Generall Court to consider and determine the bounds betweene y* two tounes of Hampton and Salisbury, we having binn vpon the lands in diiference betweene the sajd tounes, and having heard the allegations on both sides, doe, according to our best light and vnderstanding, determine, after due observacon of all former orders, as followeth, viz. : That the bounds betweene the two tounes menconed towards the sea is to be vpon a streight Ijne be- gining at the midle of Hampton Riuer mouth, and runing vpwards vnto a marked tree, being and standing at the vppermost corner of the farme coiuon- ly called M' Batchilers farme, the sajd Ijne to ruune vpon a west north west pointe of the compasse nearest, and the sajd lyne being so runne by both tounes, & marked out according as Capt Shapleigh hath now drawne the platt. Wee agree, vpon consideracon of all pleas, that the toune of Salisbury shall haue and enjoy thirty acres of marsh on the north side of the sajd Ijne towards Hampton, at the lower end of the sajd Ijne, to be lajd out by both tounes, and adjoyning to the Ijne. Also for the vpper Ijne into the woods wee deter- mine that the Ijne shall runne from the marked tree before mencSned vpon a west and by north Ijne, nearest according as Captajne Shapleigh hath given in the Ijne of the treading of Meremacke Riuer, the which wee conclude to be the bounds betweene the sajd two tounes, vnto theire vtmost extent towards Hauerill. Wee doe further declai-e, that what mai-sh the toune of
T':iB MASSACHUSETTS BAY IN NEW ENGLAND. 317
Salisbury hath lajd out to any of theire inhabitants that shall fall w"'in the 16 5 7. lyne *aboiie menconed, towards Hampton, they shall enjoy, and so much more ^' '
as shall make vp the whole thirty acres, to be lajd out belowe the proprietjes, "r,;,^.-. -, if there to be found, or els aboue, joyning to the Ijne ; and this wee giue as Ha^pto„ ^ our determination in the buisnes to vs coiiiitted, concerning the ^misses. Salisbury
bounds set-
Wittnes our hands this S* day of the 5 &, 1657. tied.
JOHN APLETON, JOSEPH MEDCALF, W« BARTHOLMEW, DAN: PEARSE.
It is ordered, that the retoume of the coinittee aboue menconed, w"^*" this Court allowes & approoves of, shall stand & be a finall determinacon of y* case in controQsie betweene the two tounes.
In reference to the case betweene M' Elljott, in behalfe of the Indians of Ans' to M'
^ . „ „ ,, . Ill- •~.. 1 EUjotts for y
Oguonikongquamesit & budbury men, in answer to both theire peticons, the in^i^ng & sud. Courte finding that the Indians had a graunt of a touneship in y' place before ''"7^ ™^"' the English, the Courte determines & orders, that M' Edward Jackson, M' Thomas Danforth, and M' Ephrajm Child, & Cap? Lusher, or any thi-ee of them, as a coinittee, shall, with the first convenient opportunitje, if it maybe before winter, lay out a touneship in y° sajd place of sixe thousand acres to y* Indjans, in which at least shallbe three or fower hundred acres of meadow ; and in case there be enough left for a convenient touneship for the Sudbury men to lay it out to them, the graunt of M' Alcocks, confirmed by the last Court, out of both, excepted and reserved ; the Indjans to haue the hill on which they are, and the rest of the land to be lajd out adjoyning to it, as may be convenient to both plantacons.
In ans' to the peticSn of Samuel Hide, of Cambridge, execcutor to y» last Ans' to Sam-
uell Hides
will & testament of Richard Oldam, deceased, declaring that by y* advice of peticon. M' Edward Jackson, ouerseer to y^ sajd will, he had bargained & sold vnto Thomas Broune the houses Sc lands whereof the sajd Richard djed seized, they being vncapable of improovement, for the behoofe of the children, vpon condicttn of securitje to be given by y' sajd Thomas Broune for discharge of the childrens porcSns according to theire fathers will, & therefore humbly desires this honnored Court would be pleased to confirme the sajd bargine, that future damage may be prevented to him, the Sd peticoner, & his family relactins, who hath thus improoved his labor and travajle for the provission & well ordering of the estate of the ffatherles and widdow. The Court, having
318
THE KECORDS OF THE COLONY OF
Cannidge dis- charged at present.
Deacon Parkes ag* Lef' Kich. Cooke.
[*268.]
M' Jocelyn & M' Jourdans non appear- ance.
Jn"^ Mellowes 200 acres.
W™ & Armi- tages case re- ferd to Elec- tion Court.
Courts judg- ment in y* casobetweene M' Jn^ Ooggan & Ric. Wodey.
Order for an addition to y« country rate.
Office of audi- tor gen^^ ceast.
considered of this peticon, & spake w* M"' Jackson, doe judge meete to graunt the peticbners request, so as the purchaser, Thomas Broune, who marrjed the widdow, doe put in security to this Comt of eighty pounds into this Court for the due payment of the childrens porcons, & that the land also ingaged as further secuiitje, reserving y" late widdows right of dower, according to lawe.
In the case of Gregory Cassell, the Court, vejwing and considering of the evidences on file against him, the cheife whereof being out of this juris- diccbn, & not to be had, the Court judged it meete to discharge him at present, he giving in his oune securitje to value of one hundred pounds, that, on notice from authoritje, he shall appeare to answer what shall be lajd against him in reference to the vntjmely death of Mathew Cannidge.
In the accbn of the case betweene Deacon W"" Parkes & Left Richard Cooke, brought to this Court by y* Magis''* nou acceptance of the jurys verdict at y' County Court in July, held at Boston, after all the evidences were read & pvsed, the accon was w^drawue by consent of partjes, they agreeing about it.
•M"^ Henry Jocelyn & M"^ Robert Jom-dan were called by the marshall generall to make theire appearances before the Generall Court, according to theire suiuons, by themselves, or others in theire behalfe, three tjmes, but they nor none for them appeared.
In the case of Abraham Mellowes & M' Joseph Hills, it was voted by the Generall Court mett together, that the two hundred acres formerly graunted to Abrahame Mellowes & his heires or assignes is due, & the inherit- ance of John Mellowes.
Tho Willjams appeared by his attourney, Edward Colcord, the secretary, by order of M"' Payne, engaging for y'^ charge of both bowses, & Majo' Hauthorn, in behalf of Joseph Armitage, engaging for the like, the whole Court mett together voted, that the case betweene Thomas W"' & Joseph Armitage should be referd to y"> next Generall Court, in May next, to be heard, M'hen both partjes are enjoyned to appeare.
In answer to the peticbns of M'' John Coggan and Richard Wooddey, referring to the seventy pounds as the estate of John Wooddey, child of Jn° "Wooddey deceased, after a full hearing of what both partjes could say, the whole Court mett together voted, that the seventy pounds belong to Mary, the mother.
Itt was ordered, that the Tresurer issue out his warrant to y" counstables of euery toune forthwith, for the gathering of one quarter parte more to this yeares rate, towards the defraying the country debts.
It was voted by the -ndiole Court mett together, that the office of auditor
THE MASSACHUSETTS BAY IN NEW ENGLAND. 319
gennerall shall from henceforth cease, and all lawes referiiig to y" aiidito'' 1 G 5 7. generall shall henceforth be accompted as referring to the Tresurer of the "' ' ^
23 October.
countrje.
Capt Thomas Clarke, Capl Thomas Savage, Cap? Lusher, & M'' Thomas Comittee to Danforth, or any three of them, are appointed a coiuittee to take y"" Tresurers ^^^^^ ^^j.^, accompt betwixt this & the next Court of Election.
In answer to the request of Ricliard Fellowes, humbly desiring the Ans' to Rich lionnored Court to graunt him two hundred acres of vpland and meadow, to request, be lajd out to him at Checcopcy River by George Colton & Benjamin Cooley, that the sd land & stocke be rate free, promising & ingaging, in consideracou thereof, to build ii bowse there for the entertainement of travajlers, both for house roome for horse and man, & some lodging & provicon for both, w"* beere, wine, and strong licquors, if this Court shall see mcete to require it, the Court judgeth it meete to graunt his request, provided the peticoner build an howse w"'in one yeare, and majntajne the same for seven yeares, fitt to entertajne & accoiuodate straingers.
Itt was voted by the whole Court, that Capt Robert Bridges shall haue Capt. Robert thirty two pounds one shilling & eight pence allowed him for his sallery. " ^^^ *
* Whereas the Generall Court were pleased to depute vs, whose names are [*269.] subscribed, to heare and informe ourselves of the state of Cambridge, and of •*^'"'' *° ^^™-
bridge pe-
the inlaabitants on the other side of the riuer, wee, having labored therein, ticconers, &6. doe present our conceavings, as the condition of either party is presented to vs, as followeth : —
1.. Wee conceive that if the peticoners should w^draue theire help from theire contributing to Cambridg church and ministry, it would be over bur- densome to Cambridge to provide honnorably for theire carrying an end those occasions ; 1. Because it is acknowledged on both partjes the majnetenance at present is short enough, and our charitje leadeth vs to beleive they want not love either to theire minister or ministrje. 2. Because wee know some considerable persons haue removed on such groundes, and others seeme to intend it, tho indeered to the present ministrje amongst them, and many of them in an ebbing conditjon referring to outward things.
2. Referring to the brethren who haue petitioned freedome to be in a way of providing for theire supplye of a minister amongst them, who doe tender tenn pounds p anum towards Cambridge ministrje, tho wee acknowledge they are exposed to tempting difhcultjcs to moove, yett it seems not convenient at the present to seperate from theire brethren ; 1. In regard of the feared inca- pacitje amongst themselves to effect theire desires ; 2. In regard of some
2S October.
320 THE RECORDS OP THE COLONY OF
1657. decljning as to prosecution of the worke amongst themselves ; 3. Considering how greivous it is to theire brethren, who professe much care of & respect vnto them, which wee conceive may moove them still to wajte on the Lord, in the expectation of a further discouery of his minde heerein as referring to either partje.
Yo' servants, y« cofaittee,
RICHARD RUSSELL, ELJAZER LUSHER, EPHRAJM CHILD.
The whole Court mett together voted the acceptance of this retourne. 23 : 8 A, 57, this Court was dissolved.
Att a Generall Courte of Electjon, held at Boston, the 19"' of
May, 1658.
JOHN ENDECOTT, Es^*, was chosen Governo', & tooke his oath, & Coinission''. Richard Bellingham, Es^, was chosen Dep' Gove'', & tooke his oath.
& Comission''.
Assistants, & tooke theire oaths.
M"^ Symon Bradstreete was chosen Assistant,
M' Samuell Symonds,
Capt Thomas Wiggins, were chosen
Capt Daniell Gookine,
Majo'' Daniell Dennjson, in reserue, 3.
Majo' Symon Willard,
Majo' Humphrey Atherton,
Edward Rawson was chosen Secretary.
M"^ Richard Russell was chosen Tresurer.
The names of the Depu'* retourned from y^ tonnes to serve at this Court : —
Majo'' W'° Hawthorne, M'' Henry Bartholmew, Salem.
M' Richard Russell, Cap? Erauncis Norton, Charles Toun.
M' Jn° Wisewall, M' W'° Soumner, Dorchester.
Capt Tho Clarke, Capt Edw Hutchinson, Boston.
M' Jn° Johnson, M'' Jn" Rugles, Roxbury.
M'' Jn° Coolage, M"^ Jn° WincoU, Water Toune;
M' Tho Layton, Lynn.
""> — — 19 May.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 321
•
M"^ Edw Collins, M' Tho Danforth, Cambridg. 1658.
jyjr -vvm Hubbard, Lef? Jn" Apleton, Ipswich.
Left Jn" Pike, Newbury.
M"" Tho Dyer, Weimouth.
Capt Josh Hubbard, W Jer: Houchin, Hingham.
M'' Robt Merriam, Concord.
Left Josh Fisher, Sarj: Danj: Fisher, Dedham.
Lef! Robt Pike, Salisbury.
Left Chris? Hussey, Hampton.
Maxim I Jewett, Rowley.
M' Peter Bracket, Brajntry.
Cap? Rich Waldern, Doner.
Capt Edw Johnson, Wooborne.
Lef? Charles Frost, Kettery. ^
Cap? Bria Pendleton, Portsmouth. M'' Edw Rushworth, Yorke. M' W" Coudi-ey, Redding.
M' Richard Russell chosen Speaker for y® session.
*That Quakers and such accursed hasreticques arising amongst ourselves [*270.] may be dealt withall according to theire deserts, and that theire pestilent Addition to y
•' " lawes of Qua-
errors and practizes may speedily be prevented, itt is heereby ordered, as an kers. addition to the former lawe against Quakers, that euery such person or persons professing any of thehe pernitious wajes, by speaking, writting, or by meet- ings on the Lords day, or any other tjme, to strengthen themselves or seduce others to theire djabolljcall doctrine, shall, after due meanes of conviction, in- curre the poenalty ensuing ; that is, euery person so meeting shall pay to the countrje for euery tjme teun shillings, and euery one speaking in such meet- ing shall pay five pounds a peece, and in case any such person hath biiin punished by scourging or whipping the first tjme, according to the former lawes, shallbe still kept at worke in the house of correction till they put in securitje w"' two sufficjent men that they shall not any more vent theire hate- full errors, nor vse theire sinfull practizes, or els shall depart this jurisdic- tjon at theire oune charges ; and if any of them returne againe, then each such person shall incurre the poenalty of the lawes formerly made for straingers. Comission"
Itt is ordered by this Court & the authoritje thereof, that the County ™ '""n""
•' '^ power to raurry
Courts of each shire, vpon request of the tounes, shall appointe one of the & giue oaths.
VOL. IV. PART I. 41
322 THE RECORDS OF THE COLONY OF
16 58. three comissioners appointee! to end smale cawscs in the seuerall tonnes to
^ "^ solemnize marrjage, and also to giue oathes to persons iu all civill cases. This
law to continew till y" next Genii Court.
Claiks, sar- Itt is ordered by tliis Court & authoritje thereof, that henceforth
""^ii \ /^"'P"' all sargents, clarkes, and corporalls chosen in any millitary company in this
lowed of by y« jnrisdictjon shall be allowed of by the County Courts as well as coiiiission
County Courts.
officers, or els not to be accepted to theire places, & captajnes are hereby re-
quii'ed not to install them before approbation so attayned.
Bridges & Whereas inconvenjencjes & daingers arise vpon bridges & passages that
. , ^^^^'. , ly vpon toune high wayes, some of which belong vnto the toune, others to
particcular persons, being of publicise and frequent passage both for toune and
countrje, and many tjmes the safety of persons is hazarded for want of theire
tjmely repajre, although those tonnes or persons would doe it, yet cannot
procure workemen to effect the same, it is therefore ordered by this Court and
the authoritje thereof, that vpon the complaint of any such toune or person to
any one magistrate, he shall hereby be impowred to issue forth warrant to the
counstable to impresse such workemen in theire oune touneships as shall be
needefuU to secure & repajre the same, who shall be pajd for theire worke,
either by the toune or persons to whom such bridges or passages doe belong.
Prices of corne There being an order made by this Court in October last, wherein the
prizes of corne of all sorts were stated, not only as it had referrence to the
countrje levy, but also in other payments, as in that orde^ doth appeare, this
Court, in consideration that it falls below the currant price, occasioned through
the scarsitje of corne, doth hereby order the repealing of that clause of the
aforesajd order respecting payments betweene man and man.
[*271.] *Whereas there is a lawe respecting the regulateing of swyne in all
Order to regu- touneships, to prevent harmes donne by them, yett inasmuch as there is a late swyne. . . . „ .
necessitje of a more pticcular order resi:)ecting such tonnes wherein great noum-
bers of swyne are kept, whereby many children are exposed to great daingers
of losse of life or Ijmbe tlu'ough the ravenousnese of s^vyne, and elder persons
to no smale inconvenjencjes, beside the sad consequences it may be off to the
whole countrje in tjmes of sickness through theire infection, it is therefore
ordered by this Coiut & authoritje thereof, that the selectmen in the seuerall
tonnes w^in this jui-isdictjon shall henceforth haue power to make such orders
in reference to swjne as may prevent all manner of damage ; & ffurther, it is
ordered, that if any person or persons appointed to see to the execution of such
orders shall neglect the trust coiiiitted to them, or refuse to accept of such
service, he shall forfeite for euery such neglect the some of five pounds, the
one halfe to the toune, the other half to the partje that holds the place and
performes this duty therein.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 323
Whereas in the lawe made in the yearc 1648 respecting troopers, 16 58. amongst other priviledges graunted vnto them, they were ferry free fiom and ""^^"^^^ to the place of exercise, this Court, on a motion made Horn & w"» the consent Troopers ferri of severall of the troopers, thinke meete to repeale that cLawse of the lawe, ^S*^^ t''''^" °S- and they to pay for theire ffcrriage as others doe.
Whereas it is aprehended that there is a great wrong to the countrje that Impost of
- jTff. ^J"^^ relating
the lawe enjoyning all vintno" and taverno"'" to pay alter the rate ot ttittty to yintnors & shillings a butt or pipe to the vse of the countrje is not duly observed, accord- *jj^™"^ '^ ing to the intent of the sajd lawe, notw"=standing the advantage to the sajd taverno^ and vintno''" is to the ffuU if not more then a meete allowance for such impost, this Court doth therefore order, that if any taverno' or vintno' allowed to retayle wines shall not, according to the lawe, w*in three dajes after the buying of any vessell of wines, enter the same w"^ the countrje Tresurer, or such as he shall appointe to be his deputje, he shall forfeite the sajd wines, or the ffuU worth thereof, the one halfe to the vse of the countrje, and the other halfe to be divided, the one halfe to the Tresui-er, the other halfe to the informer. And it is further ordered, that the sajd impost shall, from tjme to tjme, be pajd in wjnes at merchants price, or other tequivolent marchantable and good pay, to the content of the Tresurer, and that the Tres- urer take speciall care for collecting the sajd impost, who is also hereby im- powred to substitute such dcputjes vnder him as he shall see meete in the seuerall tounes ffor his helpe and ffurtherance heerein ; ffor all which pajnes and cai-e he shallbe allowed two shillings in the pound of all such im- posts as he shall bring into his annuall account w"" the countrje ; provided alwajes, that if any vintno"- or taverno^ retayler of wjnes, shall give an ac- compt to the Tresurer of any pte of any wjnes, entered as abouesajd, that he hath sold away againe by wholesale, being no lesse in quantitje then a quarter caske, to one person at one tjme, and shall truly certify the persons who had it, & tjme when such person or persons, shall be abated of theire impost in proportion to what they haue so sold.
For the avoyding of all futui-e differences betweene the respective coun- Order regulat- tjes, by the di-awing of fines and other dues from persons that live in one ^^^^ county, county vnto the treasury of another countje, it is ordered by this Coui-t and the &<=• authoritje thereof, that all fines arising in any County Court, or by order of one magistrate or comissioners impowred in crjminall cases, shall, from tjme to tjme, be pajd into the treasury of that countje where such delinquent party do dwell, excepting only where any person shall be taken in y* manner, and imedjately censured by y* authoritje in any other county where such offence is comitted.
♦Whereas there is much inconvenjence to divers sorts of people by the [*272.]
324
THE RECORDS OF THE COLONY OP
1658.
19 May. March's liberty to sell strong waters, wine, & cidar by retayle not less then 3 gallons, strong waters not aboue one qrt.
Expenc of tjme about y" Indians coiiiended to y considera- con of y« comissioners.
lawe that prohibitts any to sell ■wine vnder a quarter caske, excepting only such as had license thereto, as also to retayle strong waters, or cydar, it being the mjude of the Coiut only to prevent abuses, and not to debarre the lawfull sale and vse thereof, either for payments of debts or svpply of persons neces- sitjes, itt is therefore ordered by this Court and the authoritje thereof, that henceforth it shall be lawfuU for any wholesale merchant of wines, or the present stillers of strong waters, being of masters of familjes, or such as re- ceive the same from forraigne parts in cases, botles, &6, or makers of cydars, to sell by retayle, provided the quantitje of wine & cydar be not lesse then three gallons at a tjme to one person, nor strong waters lesse then one quart, and that it be only to masters of familjes of good & honnest report, or persons going to sea, and that they sufler not any person to diinke the same in theire houses, cellars, or yards.
Itt being found by long experience that a great part of tjme, if not the greatest, which is spent by oiu- honnored comissioner of the Vnited Colonjes at theire annuall meetings is about affajres relating to the Indians, the charge of which hath hitherto binn put vpon the account of the English, notw'''stand- ing the litle or no benefitt accrewing to vs thereby, which this Court consider- ing of, doe heereby order it be comended to the consideratjon of the comis- sioners at theire next meeting by the honnored coinissioners of this colony, that some proportionable allowance maybe made, from tjme to tjme, for & towards the charge of the Indian buisnes, as in theii-e wisdomes they shall judge most meete.
Constables office & poir'.
The office & power of a counstable, collected out of the seuerall lawes of this
coUony.
1. To whipp & punish any that are to be punished, by order of author- ity, where there is no other appointed in that toune wherein he dwells, or to provide it to be donne. Ljb. 1, page 13.
2. To send and convey persons from connstable to connstable, altho they come from forraigne parts, vntill they be brought to the place they are sent, or before some magistrate. Ljb. 1, pag. 13.
3. To speede away all hues & crys, to effect & to signe them, where no magistrate is neere at hand, ag' theeves, robbers, murderers, manslajers, peace- breakers, & other capitoU ofFendors, on poenalty of forty shillings for neglect in capitall crimes. 1 ljb., page 14.
4. To ap^hend w^'out warrant such as be overtaken w* drincke, swear- ing, Saboath breaking, lying, vagrant persons, night walkers, being taken in the manner by himself or ^sent information, and to keejje them safe in cus- tody till they cann cai'ry them before a magistrate. 1 ljb., p. 13 ; ljb. 4, p. 16,
THE MASSACHUSETTS BAY IN NEW ENGLAND. 325
19 May.
5. To search for all such persons In any suspected or disordered place, 1 G 5 8. and in houses licensed to sell beere & wine, on pccnalty of tenn shillings for eucry neglect, being informed or req^mred thereto. 1 Ijb., p. 13 & 31, tit. Drunkcness.
6. Xot to apphcnd any person by order of any magistrate w"'out war- rant in writing. Ljb. 4, p. 16.
7. To warne any person to asist him, & none to refuse on poenalty of tenn shillings ; & if it appeare to be obstinately & contemptously donne, then to pay forty shillings. 1 ljb., p. 19.
*8. To carry his black stafFe in the execution of his office, that none may [*273.] pleade ignorance. Ljb. 1, page 13.
9. To take notice of coiiion coasters, vnprofitable fowlers, & other idle psons, & tobacco takers, & P"' them to the two next Asistants ; Ljb. 1, p. 26 ; and of such as shall harbor any young people, children, servants, apprentices, students, or schollers, & not hasten them to theire respective implojments, and to act therein as is provided in refference to the lawe of iukeepers. Ljb. 1, p. 27.
10. To ajd the costome masters of wines, &S, in helping them to breake open any place, cellar, &d, where the owno'' shall refuse to deljver theire keyes peaceably. Ljb. 1, p. 27.
11. To levy all fines imposed by a magistrate or comissioner, & all rates & fines for the country & county, by order from the respective Tresurers, & y' speedily, on poenalty of being distrained by the Tresurer, & for that end are impowred to levy the same, although out of theire office. Ljb. 1, page 46 ; ljb. 3, p. 2, 3.
12. To gather all toune rates coinitted to them by the selectmen of the place where they dwell. Ljb. 4, page 26.
13. To cleare accounts w**" the countrje Tresurer annually by the first of May, on pccnalty of five pounds forfeiture. Ljb. 3, p. 13.
14. Vpon information given by the finder, to enter all lost goods or strajes vnder twenty shillings vallew in a booke, & cry the same at three gen- erall toune meetings or lectures, and if aboue twenty shillings vellew, at the next markett, or two next tounes publicke meetings where no markett is w"'in tenn miles, vpon pccnalty of forfeiting one third pt of the valew thereof. Ljb. 1, p. 48.
15. To present the names of such persons as shall refuse to watch & ward, or to hire a sufficijent person in theire roome, to the next magistrate, & to beginne the constables watch annually May 1*', & not giue ouer till the last of September, on pccnalty of five pounds, and to see that the majo'' pait of
326 THE REC0KD3 OF THE COLONY OF
the watch be sixfficijent able men, & not youths, & to observ the directions of the selectmen therein ; Ijb. 4, pag. 12, 25 ; Ijb. 1, pag. 51 ; & to give watchmen tlieire charge according to the law expressing the same. Ljb. 1, p. 16.
16. To secure, by comittment or otherwise, any inhabitant or strainger after tenne of the clocke at night, behaving themselves deboist, or that giveth not a reasonable ground to y" connstable or watchman, or shallbe in drincke, till the lawe be sattisfied ; ljb. 4, p. 16 j & the connstable is to carry them before a magistrate next morning.
17. To provide & buy, at the tounes charge, all weights and measures required by law for toune standards ; & vpon warrant from the touue sealer to warne all the inhabitants to bring in theire weights & measures to be trjed & sealed, & to make retourne in writting the names of all persons so sumoned, on poenalty of forty shillings. Ljb. 1, p. 51.
18. To serve all attachments directed to them in any civill case, and make retourne thereof to the Court in season. Ljb. 1, p. 55, tit. Praesid''.
19. To warne the freemen of theire toune in the 2'* weeke of March annually to meete together, to give in theire votes for nomination of magis- trates & chojce of county Tresurers, & to acquainte the ffreemen w*'' the retourne of the names of such as be nominated. Ljb. 2, p. 10.
20. To make retourne vnder theire hands of the names of the deputjes, and for w* time chosen, on poenalty of twenty shillings. Ljb. 3, p. 9.
21. To pay the marshall gen" three pence out of euery attachment by them served. Ljb. 4, p. 20.
To execute all warrants from the recorder of any Court for chojce of jurymen, & to warne the persons chosen, & make retourne of theire proces to the recorder. Lib. 1, p. 32. [*274.] *22. In cass of vntimely or unnatural death of any person, to suiiion a
jury of twelve discreete men, to enquire of the cause & manner of theire death, who shall give in a true virdict thereof to the next Asistant or Court of y' shire, on oath. Ljb. 1, p. 16.
23. To give warning vnto any inhabitants of theire toune, w^'er men or weomen, that live from theire husbands or wives, to appeare at the next Court of y' county to ans' for theire so doing, ljb. 1, p. 37, on poenalty of twenty shillings for neglect.
24. Not to refuse the office of a connstable, being orderly chosen thereto, on pcenalty of five pounds, & if in Boston, tenn pounds poenalty. Ljb. 4, p. 18.
25. In case of any servants runing from theire master, or inhabitants going
THE MASSACHUSETTS BAY IN NEW ENGLAND. 327
privily away, w«> suspitlon of the intention, in j" absence of a magistrate, 1658. the connstable and two of the cheife inhabitants is to presse men, boates, & '
19 May.
pinnaces, at the publique charge, to pursue sucli persons by sea or land, & bring them backe by force of amies. Ljb. 1, p. 38.
26. To informe the Coui-t of all new comers that setle themselves -w*''out Ijcence, according to lawe. Ljb 1, page 39.
Itt is ordered by this Court & y* authority thereof, that the office & power of a connstable, expressed in these twenty sixe articles, be forthwith printed, that so each connstable may vnderstand his duty.
In answer to the petitjon of Abraham Newell, in behalfe of John Bennet, Ans' to Abra- his grandchild, the Court doth order, that the petitioner be referd to the peticon. County Coiu-t ^ relelfe, as in the petition is desired.
In answer to the request of the select men of Boston, the Court judgeth Courts gratui- it meete to allow vnto Boston, for and towards *he chardges of theire toune ^^^^^ ^^ g^^. house. Bostons proportion of one single countiy rate for this yeare ensuing, *°°- provided that sufficijent roomes in the sajd house shall be for euer free, for the keeping of all Courts, & also that the place vnderneath shallbe free for all inhabitants in this jurisdiction to make vse of as a markett for euer, w^out payment of any tole or tribute whatsoeuer.
Itt is ordered, that the present secretary hereby is and shall be impowred Sccry> power to to order the accomodation of the comissioners for the Vnited CoUonjes at Bos- , xresurer. ton this yeare, in all respects, and that whoeuer he implojes, and what bills he signes, the Treasurer shall sattisfy and pay.
The ffiirmers of the imposte of wine, producing this Courts answ'^ to Farmers of the theire request, in May, 1656, this Coiut declares, that it is the intent of J.^^i'dge. *" the Court to abate the farmers of the custome howse two yeares rent, & that theiie bond to the Tresurer be given vp vnto them, & orders them from henc- forth to be dischardged therefrom.
Itt is ordered, that Majo'' Atherton, Left Roger Clap, in steede of M'' High way Glouer, deceased, Edward Goffe, & Edward Oakes, are appointed a comittee j^j^^ g/- to lay out the way through Roxbury lotts to Boston farmes, and to judg what is meete sattisfaction to the proprieto" for the way, and that they haue power to impose an aequall part vpon all such of Boston or other tounes as shall haue benefit of such way, according to former order of Court, dated 14"> May, 1645.
Itt is ordered, that the surveyo'' geii shall deliucr vnto Capt Frauncls Chails Toune
ponder al-
Norton what powder is due according to order of Court bearing date 15^'' of lowed.
328 THE KEC0RD3 OF THE COLONY OF
1658. October, 1650, and hath not yett binn delivered to this tjme, as this ordei
enjoynes.
*The Court, on pervsall of the letter of the Generall Court of Conec-
19 May.
[*275.] „ . ,. ticott, bearing date the tenth of May, 1658, judge it meete to referr the
letter refferd to consideration of that letter & determination of the land therein in ques-
y« comissios,
tion to the comissioners, whom it most propperly concerns to deale in such
matters. No constant , Whereas it is the duty of the Clulstian magistrate to take care the
'^robacon'of'2'' psopl® ^^ ^^^ '"'*'' wholesome & sound doctrine, & in this houre of temptation, organicke wherein the enemy designeth to sowe corrupt seede, euery company cannot
churches, &c.
be thought able or fitt to judge of those gospell qualliffications required in the publicke disj)enso" of the word, and all socjetjes of Christians are bound to attend order and comunion of churches, considering also the rich blessing of God, flowing from the good agreement of the civill & church estate, and the horrible mischeifes and confusions that follow on the contrary, it is there- fore ordered, that henceforth no person shall publicquely & constantly preach to any company of people, whither in church society or not, or be ordeyned to the office of a teaching elder, where any two organnlck churches, council! of state, or Generall Court shall declare theire dissatisfaction thereat, either in refference to doctrine or practize, the sajd offence being declared to the sajd company of people, church, or person, vntill the offence be orderly re- -^ mooved ; and in case of ordination of any teaching elder, tjmely notice thereof shall be given vnto tlu'ee or fower of the neighboring organicke churches, for theire approbation. Courts ans' to In answer to the petition of Capt Cullicke & M' W"" Goodwine, in be-
^'5 ' halfe of themselves and others, the Court judgeth meete to graunt theire re-
quest in reference to lands not already graunted, and further, giues them liberty to inhabitt in any part of this jurisdictjon akeady planted, provided they submitt themselves to a due & ordeily hearing of the differences betweene themselves & the rest of theire brethren. Ans' to Cap' In answer to the petitjon of Capt Thomas Bond, humbly desiring the
remittment of the hundred pounds fine w"*" the law imposeth on him, & for which he hath given bond, for bringing in two Quakers into this jurisdiction, pleading his ignorance of the lawe, the Courte, having heard the case and spake w"" Cap? Bond, judge meete to declare that the two hundred pounds bond given into the Tresurers vse by him & his surety shall stand good against them till certifficat be retourned from Capt Pendleton, or some other person of knoune credit, that the sajd Capt Bond hath observed the lawe in keeping the sajd Quakers from conversing w"* any of this jurisdiction whiles they stay
THE MASSACHUSETTS BAY IN NEW ENGLAND. 329
heere on board his sliipp, & that he or his order hath carrjed them to England, 16 58.
or y" place from whence they came, on w*''' ccrtifficate to the secretary, & pay- ' ' ""
mont of two barrells of good ponder, in Icjw of twenty pounds imposed on '^^'
him as a fine to the country, his fine of one lumdred pounds shallbe remitted, & his bond to be deliuered vp & cancelled.
The retourne of Edmoud Goodenow& Jn" Hajme, appointed by our honored Generall Court held at Boston 18 October, 165-1, to lay out vnto M"^ Ed- mond Broune, the reuerend pastor of the church of Sudbmy, twenty acres of meadow graunted vnto him by the same Court.
Wee, finding in the sajd tract of land no meadow, but lying in smale par- M' Brounes cells, lajd out the whole, although wee judg the quantite of all lajd out by vs a'Tatrel mTad short of twenty acres, in manner as followeth : Imprimis, half an acre joyning vnto the south Ijne of Sudbury bounds, the other part of the meadow lying w"'in the bounds. Item, a long and narrow meadow lying vpon a smale brooke southward from Doe skin hill, and bounded vpon the vpper end w"" a marked oake, lajd out, wee say, all this long tract of meadow, conteyning, by estimacon, about tenn acres. Item, one smale parccll of meadow, conteyning an acre & halfe, w"' a parcell of fewer acres lying vpon the brooke that issu- eth out of the former smale peece, & marked at the extremity of it. Item, one smale parcell of three acres, formerly called Indjan Willjams meadow, lying towards the falls of Chochittuat Eiuer.
Byvs, EDMOND GOODENOW,
JOHN HAJMES.
In answer to the request of M'^ Edmond Broune, the Court allowes and approoves of this retourne.
*It is ordered, that the inhabitants of Portsmouth shall attend all military [*276.] service vnder the coinand of Capt Brjan Pendleton, according to the lawes of inhabitants of
,...,.. Tr»i ••11 11 y-^ Portsmouth to
this jurisdiction ; and further, it is declared, that this Couit doth expect that observ all mil- all the inhabitants of Pascataqua doe attend the observanc of our lawes, in ''-""'y 5<"'^"=''
' vnder com-
particcular those concerning the selling of strong liquors, and good order to be mand of Capt.
>, ■ ,.. 11 !/-( _.. 1/r. Pendleton, i&u.
kept m ordjnarjes, and that the Court comissioners and offacers there take speciall care therein.
In answer to the petition of James Neighbor & Jn° Andrews, the Court Ans' to Neigh declares they haue theire liberty to proceede on in a course of lawe, by way "^^ '"^ ''°°' of revejw or otheruise, in our Courts of judicature, to which they are reiferd. p,"^; ° ^^^
In ans'' to y'' petition of W™ Phillips, Rott Long, & Eofet Turner, for their * Turner, who Deing released & dischardged from the rents of wine, they paying the rate of p butt.
VOL. IV. PART I. 42
330 THE RECORDS OF THE COLONY OF
16 58. fifty shillings p butt. Left W™ Hudson & Evan Thomas, according to theire '' desires, are to continew the payment of theire seuerall proportions, as in tjmes
19 Mav.
past, & thev to give fresh bond to the Tresiu'er for the performance thereof,
LefHudsons t' ' J a i '
rent 38'i, Evan Lef? Hudsons proportion being thirty eight pounds, & Evan Thomas his pro- Thomas 34". . , . - , portion thu'ty tower pounds.
3unc3, iGo7. Memorandum, that, vpon the day & yeare abouewritten, Samuell Sy-
I'Symon s j^ionds, of Ipswich, in the sliire of Essex, in New England, gent, did take
land confirm''. j r ' a ' o >
possession of sixe hundred & forty acres of ground graunted to him by the honnored Generall Court, in the presence & w"' the consent of Mohermite, sagamore of those parts. The place & farme is now called the Island Falls ; there is a tree close by that falls, marked w"' two S S, and a little island in the riuer by the falls there douneward, conteying in length one full mile from the lower end of that little island aforesajd, vp the riuer, and halfe a mile in breadth on each side of the sajd riuer, w'"'^ riuer is called Lamper Eele Riuer. That place or part of Lamper Ele Riuer is betweene the tounes of Doner and Exetur, vp into the countrje, beyond the bounds of either of those tounes in that place, and about sixe miles douneward by land to the mouth of the sajd Lamper Ele Riuer, which emptjeth itself there into the great bay ; and to this wee give our testimony.
Them^keof JOHN i GAGE,
DANIELL EPPS.
Wee also were present when the land aboue mentioned was lajd out & possession taken.
EDWARD HILTON, Sen, EDWARD HILTON, Jun.
This retourne being presented to the Generall Court for their allowance & confirmation, by M"' Samuell Symonds, —
This Court judgeth it meete to allow & confirme this retourne, so as the riuer herein menconed be & remajne in coinon as in tjmes past, & y* th' land be free from former graunts.
In ans'' to M' Samuell Symonds further request y' this Court would ex- plajne theire proviso in theire graunt so as it may not extend to pjudice his right & liberty in the sajd riuer for the convenjency of his mills, although in all other respects y" sajd riuer be at liberty, the Court declares, in answer thereto, that it is not theire intent to prohibitt the setting vp of a mill, so as the riuer be free in other respects. 1^ ' In answer to the petition of M'' John Gilford on behalfe of M"' John Becx
THE MASSACHUSETTS BAY IN NEW ENGLAND 331
and Company, it is ordered, that the sajd Gifford be heard on the third day- next, att nhie of the clocke in the morning, and that the secretary graunt him forthwith sumons or attachments against any person or persons, or theue es- tates, to respond such comphiiuts as the sajd John Gifford shall lay therein against one or other. Attachments was graimted & issued out accordingly, & retournc made thereof in the 25* of May, the time appointed, when also both partjes appeared, and attachment was read.
*John Gifford, attourney to M"" Jn° Becx & Company of vndertakers of [*277.] the u'on workes, plaintifl'e, ag' Capt Thomas Savage, defend', who, in his oune ^'^ '^^^y- name, and as assignee vnto Heniy Webb, Anthony Stoddard, Jacob Sheafe, capt.Tho. ° and seuerall others, did implead & prosecute ag' the estate of the said vnder- ^•''^'"S'' *"''" *
"" judgment.
takers of the iron workes of Lynne & Braintrje, in an action of the case, to value of tenn thousand pounds, for w'l'holding the estate of the sajd John Becx & Company, & for damages thereby susteined according to attachment, dated 22"' day of May, 1658. After the attachment was read, together w"' the letter of attourney & declaration of the sajd John Gifford, time was given the defendant to bring in his answ'er, & the plaintiffe ordered to bring in also what he had further to add to his declaration, & dcliuer the same into the Court or Governor, that so the defendant may haue an oppertunitje to put in his full answer, that the Court may not vnrcasonably be deferred in this in 4 mo, .58. season, &6. The plaintiffe & defendant appeared before the Court 25, 6, 7 of May, 4 & 8 of June, and after y" plaintiffes letter of attourney, together w"' such evidences he produced, were read, together w"' the evidences pro- duced by the defendant, and all considered of, the Court, taking notice that the sajd Thomas Savage, in his oune behalfe, & as assignee to Henry Webb, Anthony Stoddard, &d, obtajned a judgment at a spcciall Court holden at Boston the IS"" of September, 1653, against the estate of John Becx and Company, by virtue whereof he was possessed of the estate of the sajd John Becx and Company, now sued for. The sajd John Gifford & Thomas Savage having produced all theire pleas and testimonys, which haue binn pervsed and considered of by this Court, notw^'standing some circumstantiall errors in the proceedings at the sajd speciall Courte, yett there appeareth not from all that hath beene alleadged any sufficijent cawse, according to sequitje and justice, to reverse the sajd judgment, and therefore graunts the defendant costs, w'='', w"> the charge of hearing, is in all twenty pounds and eight penc.
In answer to the petition of the inhabitants of Hull, a day of hearing Courts answer being appointed. Cap! Hubbard also appearing, the Court, having heard j",^""^ ^''''" the acknowledgments of the partjes concerned in this petition, that the riucr is the bounds of the two tonnes, doe determine, that neither of the tounes
25 May. Ktis' to Boz- wortl lion.
532 THE RECORDS OF THE COLONY OF
1G58. maj' improove both sides of that riiier w"'out the consent first obtajned each from other.
In ans-n-er to the petition of Benjamin Bozworth, humbly craving the re- worths peti- mittment of his fine for not warning the fifreemen of Hull on y"* right day to give in theire proxies for the nomination of persons for election, &d, the Coiu-t, considering y' reasons in his petition, & y' he is to j)ay tenn shillings for entry of it, judgeth meete to remitt his fine of fforty shillings. Koxbury mens In answer to the petition of seuerall inhabitants of Eoxbury, itt is or-
dered, that the fines of Peeter Gardiner, W"" Lincolne, John Chandler, be remitted to twenty shillings a peece, and Tobias Davis, the connstable, his fine be remitted to forty shillings. Ans' to S'« In ansAver to the petition of Richard Waite, one of those y* were first
Con' 300 ac" ^^^^ '^^^ agaiust the Pecquotts, & for seuerall services, the Court judgeth it graunted. mccte to graunt him three hundred acres of land.
11:4:58. In auswer to the request of M'' Symon Bradstreete, in reference to his
ourts ans' o j ^^^ formerly graunted him by this Court on this side Conecticott Riuer, the
M' Bradstreets j o j '
request. Coiut grauiits his request, i. e., to haue the first choice in the place desired,
provided it hinder not a plantation. Major Ather- In answ"" to the request of Majo"' Humphrey Atherton, that the graunt
to be laid out niade by this Court 3 iii, 1655, of five hundred acres of land, to be lajd out
at Nonotuckc. 26 : 3 mo, 58.
at Nonotucke, beyond Springfeild, the bill of it by some accident being lost,
it might by the order & favor of this Court be recorded, & lajd out to him in
the place aboue mentioned, according to lawe, the Court graunts his request.
[*278.] *The Court, hauing heard the allegations of M"' Edward Belchar, laying
Courts ans' to Qj^^mg jq j^gj-g halfe an acre of land by him passed away to the late Elder Belchar. •' J i. j
Jacob Elljot, as also to two acres of land which the late Elder Elljot purchased of Thomas Marrett, attourney to Richard Crainewell, the Court, on hearing of all partjes, sees no cause to graimt the sajd Belchars request.
By the Generall Coiut.
Arnolds comis- Coiiiisslon & power is hereby given to yow, AVilljam Arnold, Benedict
Arnold, Willjam Carpenter, Richard Casmore, Christopher Hawkesworth, & Stephen Arnold, and to all and euery of yow, to ap>hend the bodjes of John Greene, & his sonne John, Richard Waterman, & Nicholas Power, and bring them to Boston before the Governo"', or some other of the Magistrates, to be proceeded w"" according to justice ; and if neede or occasion be, yow may take ajde of any other English, or of those Indians which are vnder our jurisdiction, and that yow seize all such catle of the sajd John Greenes, which cannot now be found, as yow may heereafter find, and either send them to vs, or keepe
sion.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 333
them safe till wee cann send for tliem ; for all which this shall be yo' sufficyent 1658. dischai-ge. Boston, the 20"' of the eighth &, 16-13. ^~ZT^^
^ 2b May,
p Curj INCREASE NOWELL, Secret.
The comission aboue written being a true copie of what was presented by the aboue named W" Arnold, vnder the name of M' Increase Nowell, the Court, on pervsall thereof, doe oune it to be the hand writting of the sajd Increase Nowell, formerly secretary to the Generall Court of the Massachu- setts colony, in New England, as also an act of the Generall Com-t.
In answer to the petition of Willjam Arnold & Willjam Carpenter, in Ans' to Ar-
nolds petition.
the behaife of themselves & all the inhabitants of Patuxit, for a full discharge from theire submission to this jurisdiction, w"> theire lands & estates there, the Court judgeth it meete to graunt the petitioners request, so as the sajd Arnold be ingaged to giue an account of what he hath donne by virtue of this Courts comission, and that any of the Greenes, or other concerned thereby, haue liberty to prosecute against him in any of our Courts for any injury by them pretended by him to be donn to them, and also giue securitje to the Court to make good what is herein affirmed by him.
The Court, vpon hearing and due consideration of the case betwixt Courts ans' to
, , , . , . Andiver peti-
Andouer & Billirikey, judge meete to graunt, that the meadow in quaestion, .^^_ lying vpon or neere Shawshim Riuer, & graunted by the toune of Andouer to some of theire inhabitants, so it exceedc not iiueteene acres, shall belong to the toune of Andovcr, the Ijne in other respects to stand as it was lajd out by the coiiiittee.
In answer to the petition of M"^ Richard Russell, it is ordered, that Ans' to M'
Russells peti-
Edmond Rice & Ensigne Thomas Nojes lay out the fiuc hundred acres ot land -^^_ graunted to y'^ 5d Richard Russell, May, 57.
In answer to the peticon of Cap? James Johnson & Left Peter Oliver, for Ans' to Cap'
„ ~ , Jolu^son* Lef
the abatement of the fines imposed by the County Court on George houthen qu^.^., p^^. & Jn° Els, theire servants, the Court judgeth not meet to abate any of the ™»- fines, but referr it to the County Court, to order the servants to serve further time, so as to answer the losse & chardges their masters haue binn put vnto.
In answer to the request of Edward IMichclson, M"^ Thomas Danforth is appointed to lay out vnto him the three hundred acres of land formerly graunted vnto him. May, 1657.
*In answer to the request of Stephen Day, that some meete person or [*279.] nersons might be impowred to lay out three hundred acres of land formerly Cap' Dennison
r o i^ »> , . to lay out M^
graunted him by this Court, it is ordered, that Capt George Dennison is y,^- 300 ac. heereby impowred to lay out the same.
334
THE RECORDS OF THE COLONY OF
1658.
> , '
26 May. Capt. Dennison to lay out Edw. Rawsons 400 ac.
Major Ather- tons power to appoint comis- sioners & judg Indian causes^
Way ag' Pur- chase.
Mc.adfeilds brand m'lte, IVF.
Capt. Wal- derns dismis- sion.
Coinittee to lay out y" Gov- ern" land.
Itt is fui'ther ordered, that the sajd Capt George Dennison lay out untc Edward Rawson fower hundred acres, two whereof was graunted him by this Court, & the other two hundred acres was graunted to Edw Burt, w"'' he piuchased.
For the better ordering and governiag the Indjans subject to vs, especial- ly those of Naticke and Punquapog, itt is ordered, that Majo' Atherton doe take care that all such Indjans liue according to our lawes as farr as they are capable ; and to that end the sajd major is hereby autliorlsed to constitute and appointe Indian coinissioners in theire seuerall plantations to heare and de- termine all such matters that doe arise amongst themselves, as one magistrate may doe amongst the English, w'^'' officers to execute all comands and war- rants, as marshalls and counstables ; and further, that the sajd Majo'' Atherton, w''' the sajd comissioners, shall haue the power of a County Court to heare & determine all cawses arising amongst them, the sajd major appointing the tjme and place of the Court, and consenting to the determination or judgment ; and all other matters beyond theire cognizance shall be issued and determined by the Court of Asistants.
In the case of Eliazer Way, plaintifFe, against M'' Thomas Purchase, de- fendant, w'''' was trjed at a County Court held at Boston, October, 1657, the jury bringing in a verdict w"^*" the bench refused, came to this Court of course. The attachment and seuerall evidences being read, this Court, not being sattis- fied that M"" Purchase plantation sued for is in this jurisdiction, judge it not meet to make any proceeding in the case, and order, on request of the sajd Eliazer Way, that all his originall papers on file in the County Court be by the secretary deliuered vnto him againe.
Itt is ordered, that the marke, or letter, in the margent be the brand marke for Meadfeild.
Cap^ Waldern, on his request, is tlismist from further attending the ser- vice of this Coiu't.
The Court being informd that the Governo''^ ilnes the last ycare hath hindered the prosecution of the order by this Court, made May, 1657, fibr JNI' Thomas Danforth and Robert Hale to lay out the Gouerno"^^ fformer graunts of lands on Ipswich Riuer, is therefore, on his request, againe renewed, and they alike impowred to lay out the sajd graunts, so it be done in one yeare more only.
Left. Prentice Lajd out in the Pequod conntrje vnto Left Thomas Prentice, by virtue
land lajd out. ^^ ^ graunt by him purchased of Stephen Day, three hundred acres of land,
being bounded w"" the Sound on the south, and w"' Capt Gookins land on
THE MASSACHUSETTS BAY IN NEW ENGLAND. 335
the west, and the colledg land north east, and the wildernes land north 1658. west. The Court allowes of this retourne, and confirmes the land herein "~ "> "*
26 May.
mentioned to y* sajd Left Tho Prentice & his heires.
GEORG DENNISON.
Laid out to M"' Edward Eawson three hundred & fifty acres of land, Edw.Rawsona
1 T> • *"" ""^r^s lajd
being bounded w"^ Cap? Gookins land on y" east, Pauquatucke Kiuer to- g^^_ wards the south, land lajd out to M' John Mellows towards the west, and the wildernes toward the north ; the w"^ Ijne betwixt M"' Mellows and M' Rawson is to beginn at Pauquatuck Riuer, a mile and a halfe fi-om Thomas Stauntons house, vp the riuer, & from there to be contjnued on an east Ijne ; also, fiffty acres of meadow of the south end of the meadow that lyeth on y® east side of Pauquatucke Eiuer, y'= w* meadow is comonly called Omeconset.
GEORGE DENNISON.
The Court allows & confiermes y' land mentioned in this retourne to y' sd Edward Rawson & his heires.
*In ans'' to the petition of North Hampton, it is ordered, that theire con- [*280.] dition in relation to a minister be forthwith coiSended to the reuerend elders. Courts ans' to
North Hamp"
& theire help desii-ed therein ; secondly, that there shall be two Coiurts kept peticon, &c. yearely by the coinissioners of Springfeild & North Hampton joinctly, or by any fower of them, the one at Springfeild on the last Twesday in the first nioneth, and the other at North Hampton vpon the last Twesday in Sep- tember, which Courts shall haue power to heare and determine, by jury or w^'out, according to the liberty the lawe allowes in County Courts, all civill actions not exceeding twenty pounds damage, and all criminall cases not ex- ceeding five poimds fine, or corporall punishment not exceeding tenn stripes, reserving appeales in all such cases to the County Court at Boston ; and the sajd Court shall haue power to graunt Ijcences for the keeping of ordinarjes, or houses of comon entertajnment, selling wine, cidar, or strong licquors, accord- ing to lawe, & not otherwise, giving the oath of &eedora or fidellitje to persons qualified, according to lawe, to binde to the peace or good behaviour, to comitt to pi-ison fellons & malefactors, as the lawe allowes, & this to be during the Courts pleasiu'e.
In answer to the petition of seueraU inhabitants of Ipswich, the Court Courts ans' to
1 Ti t> Ipswich peti-
declares, y' the freemen w^'in theire seuerall tounes haue liberty & power, ac- gon. cording to the last lawe or order, title Touneships, to make chojce of such inhabitants that haue taken the oath of fidellitje to be jurymen, and to haue theire votes in the chojce of selectmen, and where no select men are, to haue
336
THE KECORDS OP THE COLONY OF
1658.
26 May.
Repealing y« 2 lawes, title Touneships.
Ans' to Sam. Greenes peti- tion.
Ans' to Nicco. Nortons peti- con.
[*281.]
M' Tinckers coinission to marry.
300 ac" of land gr'"" to M' Colebron.
theire votes in orclering of schooles, hearding of catle, laying out highwayes, & distributing of lands, &d, ■which necessarily implys the sajd freemen haue power, by virtue of the sajd lawe, to restrajne some vpou just cause.
For explanation & emendation of two lawes in the printed bookc, title Tounships, relating to the liberty of such as haue taken the oath of fidellity to vote in toune affaires, w'^'' seemes not well to consist together, the latter also repealing the former, & finding inconvenienc in the execution of that, haue therefore ordered, & be it heereby ordered & inacted, that for time to come all Englishmen that are setled inhabitants & house holders in any toune of the age of twenty fewer yeares, & of honest & good conuersation, being rated at twenty pounds estate in a single countrje rate, that hath taken the oath of fidellitje to this government, & no other, except ffreemen, maybe chosen jury men or connstables, and haue theire vote in the chojce of the selectmen for the toune affaires, assessments of rates, & other prudentialls propper to the select men of the seuerall tounes, provided still that the majo"" part of all companjes of select men be freemen from tjme to tjme that shall make a valjd act, as also where no selectmen are to haue theire vote in order- ing of schooles, hearding of catle, laying out of highways, & distributing of lands, any lawe, vse, or custome to the contrary notw*''standing, & the former lawes, so farre as they relate to the liberty of such as are non ffreemen, are hereby repealed.
In ans'' to the petition of Samuel Greene, printer at Cambridge, the Court judgeth it meete to coinend the consideration thereof to the coiiiis- sioners of the Vnited Colonjes at theire nexte meeting, that so, if they see meete, they may write to the corporation in England for the procuring of twenty pounds worth of letters for the vse of the Indian Colledg.
In ans'' to y' peticon of Nicholas Norton, humbly desu'ing the remitt- ment of the forfeiture of his bond for not bringing his servant to y" last Courte of Asistants, to ans'' w' was to be lajd to his charge, which was occa- sioned through his ignorance of the time of the Coiuts sitting, the Court judeth it meete to graunt his request, provided he bring in his servant when he shall be called therevnto.
*Itt is ordered, that M' John Tincker shall & is heereby impowred to marry George Bennett & Ljddia Kibby, & ^ , who are published accord- ing to lawe.
In answer to the petition of M' Willjam Colebron, the Court judgeth it meete to graunt him three hundred acres of land where he can fiude it, & is in refferenc to twenty five pounds by him formerly paid into y** coinon stock,
THE MASSACHUSETTS BAY IN NEW ENGLAND. 337
to be layd out vnto him by Left Fisher and Sarjant Jn" BarreU, & make retourne 1658.
thereof to this Courte. 2g May.
In the case of Jn" Tucker, and Anne, his wife, plaintiiFe, ag' Jn° Ottis & courts judg- Jn" Tklansfeild, defendant, the Court, on hearing of all the evidences produced l^^^'^'"'^'" in the case, they found for the defendant costs of Court, i. e., one pound nineteene shillings & fower pence.
In aiis'^ to the petition of Dorothy Vpshall, humbly craving the remitt- Ans' to Doro-
--..,, -j^ ,,, thy Vpshalls
ment of the remajnder of the fine imposed on hir husband, JNicholas Vpshall, petition, not yett taken, that so the innocent may not suffer w"- the nocent, &5, the Court judgeth it meete to remitt the remajnder of the fine not yett taken, and setles it wholy on the sajd Dorothy & for hir advantage, so as hir husband shall haue no power to dispose of it from hir, or to any other vse.
In the case of John Johnson, plaintiffe, & John Viol, defendant, the Courts judg-
. ment in John-
Court, having heard the evidences in the case, as a finall issue thereto, finde ^^^ & yioig for the defendant costs of Coiu-t.
In ans-- to the petition of Samuell Cole, the Court judgeth it meete to Courts ans' to graunt the peticoner the necke of land desired, Ipng w'^in a mile & a half or p^tiuon. two miles of Nacooke, beyond the toune of Chemsford ; & what is wanting there to make vp the fower hundred acres formerly graunted him, he hath liberty to take vp in any other place where he cann finde it, according to lawe.
Itt is ordered, that Majo'" Generall Daniell Dcnnison dilligently pervse. Major gen. to
, . ,., p'Tse the laws.
examine, and weigh euery lawe, & compare them w"" others ot hke nature, & such as are cleare, plajne, & good, free from any just exception, to stand w'l'out any animadversion, as approoved ; such as are repealed, or fitt to be repealed, to be so marked, & the reasons given ; such as are obscure, contra- dictory, or seeming so, to be rectified, and the emendations prepared ; where there is two or more lawes about one & the same thing, to prepare a draught of one lawe that may com^hend the same, to make a plajne & easy table, & to prepare what els may present in the pervsing of them to be necessary and vsefuU, & make retoume to tte next sessions of this Court.
In answer to the petition of Majo-^ Symon Willard, the Court judgeth it Courts graunt meete to graunt his request, viz., a farme of five hundred acres on the south ^jon Millard, side of the riuer that runneth from Nashaway to Merremacke, betweene Lan- caster & Groten, & is in sattisfaction of a debt of forty fower pounds Jn" Saga- more, of Patuckett, doth owe to him, provided he make ouer all his right, title, & interest in the execution obtayned agt the sajd Sagamore to the coimtrje. -yych yfus donne.
In ans' to the petition of M" Martha Coggan, the Court, remembring ^;:'J^gg°;V° that much time was spent in hearing the case mentioned in this petition, & petition.
VOL. IV. PART I. 43
338 THE RECOEDS OP THE COLONY OF
after due consideration of what could be alleadged therein, came at last to a determination therevpon, from v,-"^^ they cannot see any reason to recede, & therefore declare the petitioner should rest sattisfied therein. M'Winthrops In ans'' to the peticons of M'' Deane Winthrop & John Mellows, hum-
& Jn« Mellows ,1,..,,.
1200 ac's to "ly desiring that theire seuerali graunts of land of one thousand & two hun-
e aj ou . (Jred acres formerly graunted them be lajd out by some meete persons, the
Court doth order, that Capt George Dennison & M' Thomas Danforth to lay
out the land heerein mentioned where they cann finde it, according to theire
respective former graunts.
[*282.] *Whereas information hath beene given to this Court that seuerali of the
Courts declara- gouldiers at Portsmouth doe aphend themselves not vnder the comand of
tion referring
to Portsmouth theire coinander according to the lawes of this jurisdiction, but accompt them-
souldjers, &c. , ,.. . , , , i • /-i i • i
selves at liberty so as to trajne when they please, this Court thinks meete to declare, that the souldjers of the toune aforesajd, and all others lying w"'in the extent of our lyne, are subject to the same way and order of discipline w*"* ourselves, & ought to attend theire oune coiiianders therein, and in case of any remissnes therein, to be Ijable to the same fines as oui'selves, in the lawe expressed. Cofiissioners Whereas some complaints haue beene brought into this Court, by the in-
power o a e i^j^jj^fj^^fg ^f (-j^g ^^jjg gj^jg ^f (-j-jg Riugi- of Piscatao,, of diuers disorders & in-
my'remajnuer ^'
of y easterne coiiveiiieiicjes w'^'^ doe dayly arise for want of goverment being orderly setled parts, & keepe
Courts, &c. to the furthest extent of our Ijne in the easterne parts, itt is therefore ordered by the authority of this Courte, that M'' Samuell Symonds & Cap? Thomas Wiggins, being joyned w"" the County Court of Yorke, or any three of them, shall haue comission graunted vnto them, & as full power thereby given them to take the residew of the inhabitants residing w*in our Ijne as hath binn graunted to former coiuissioners in the like cases, to which purpose the coinission- ers aforesajd are to repau-e to Blacke Point, Richmonds Island, & Casco, or some such one place w"^in the county of Yorke as they shall judge meete, there to take in the inhabitants thereof into our jurisdiction. And whereas further comjjlaint haue binn exhibbited to this Court of inconveniencjes w"^"" doe coiiionly arise in Saco & some other places in the county of Yorke, through the weakenes of theire toune coiiiissioners, for want of some person or persons to joyne w* them in coinission for the better mannagement of those affaires, it is therefore ordered, that the aforesajd coiuissioners shall haue full power as they judge meete to confirme such a person or persons as the sajd toune or tonnes shall present, to be asistant to the sajd toune coiiiissioners, from tjmc to tjme, in theire judicijall affaires.
In answer to the request of the inhabitants of Meadford, itt is ordered.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 339
that all matters of a civill nature arising w"'in theire peculiar ^ , propper to y« 1658.
cognizance of three coiiiissioners for ending smale cases, be heard & determined "~ > ~'
by the coiuissioners of Cambridge. ,, ,„ ,
•' ^ Meiiaforu cases
In answer to the peticou of Capt Edward Johnson, the Court judgeth it Wabie^by Cam
br: coniission-
meete to graunt him three hundred acres of land where he cann finde it, ers. according to lawe. ^"""^^ ="i^' &
graunt to Cap*
In ans'' to the rec[uest of Cap? Thomas Clarke, the Court doth order & Edw. Johnson appointe Richard Fellowes & some other meete person to lay the three hun- ''^' 'f^''^^'"'
^ ^ X ./ acres of land to
dred acres of land formerly grauntod him by this Court, so it prejudice no be lajd out. former graunts.
Itt is ordered, on request of the inhabitants of Water Toune, that Cap? Cap' Hugh Hugh Mason shall & hereby is impowred to solemnize marriages at Water
emniz mar-
Toune, for preventing of travajl & other inconveniencjes. "'"^s^s at Wa-
*Wee, whose names are vnder written, in obedjence to the order of the [*283.] honno''^ Generall Court, haue lajd out to John Stone, of Sudbury, ffiffty acres stones 50 acrea of vpland, joyning to Sudbury Riuer at the falls of the sajd riuer, twenty acres of the sajd ffiffty being southward, joyning to the lands of John Stone, which sajd lands were purchased by John Stone of the Indians, & after con- firmed by the honored Generall ^; also the other thirty acres of the sajd fifty, lying northward of the afore sajd land, purchased of the Indjans, &
joyning to y' sajd lands.
EDMOND RICE,
THOMAS NOJCE.
The Court approoves of this retoume, if not found formerly graunted.
In ans"^ to the petition of the inhabitants of Misticke, the Court, consid- Courts ans' to ering there hath been no ans' retourned from the Generall Court of Conecti- of Mis'tickT ^ cott to theire letter, directed to them, which gives the Court cause to imagine they are not resolved to give vp theire clayme to those lands, so that the matter is likely to come to be judged by the coiiiissioners, judg meete to for- beare further actings therein till the meeting of the coiiiissioners, and doe expect & require the inhabitants to carrye themselves & order theire affaires peaceably & by coiiion agreement in the meane while, and till other provis- sion be made in theire behalfe ; and further desire our coiuissioners to be mind- full of this buisnes, & endeavo"" an issue thereof at the next meeting.
In ans"" to the request of the inhabitants of BilHrrikey, the letter in the Billirikeys margent is appointed to be theire brandmarke. ^"° " *'
In ans' to the request of the inhabitants of Meadford, the Court judgeth
340 THE RECORDS OF THE COLONY OP
1658. it meete to grauut tlieire desire, i. e., liberty to lyst themselves in the trayne ""■^ ' ^ band of Cambridg, & be no longer compelled to travajle vnto Charls
26 May. Mcadfoid soul- Toune.
djcrs vnder jj^ ^^^^r (-q (-}^g peticon of Nathaniell Masterson, humbly desiring the re-
Cabridgband. -^ _ ' ^ o
Ans' tu Mars- mittment of the fine of fine pounds imposed on him by the County Court at tcrsons peti- jps-ftrich, for selling beere, &(3, \v"»out a Ijcence, the Court judgeth it mecte to
abate him fiuety shillings of the sajd ffine. Ans' to Martin In ans' to the petition of Martyn Stebbins, humbly craving by the favor
Jon of this Court to be restored to his former liberty to keepe an house of enter-
taynement, &d, the Court graunts his request, provided he haue the consent of
the select men of Boston & the approbation of the County Court. Buttons aha.'- In ans'' to the request of M'' John Johnson in behalfe of Richard Sutton,
™ " ■ the Court judgeth it meete to abate the sajd Sutton twenty shillings of y^ fine
imposed on him by y" County Court.
Cap> Gookins Layd out according to order of the honnored Generall Court of the Matta-
o„t_ chusett, vnto Capt Daniell Gookin, in the Pequot countrje, five hundred acres
of land, being bounded on the west w"' Poquatucke Riuer, on y' south w"" the Sound, on the east w'^ Thomas Prentice, & on the north w"' the wildernes.
GEORGE DENNISON. The Court approoves of this retourne.
Courts aas' to In aus' to the petic(5n of Edward Colcord, humbly craving the favor
w. 0 cor . ^|. ^j^.^ Court to appoint & impower a coiiilttee to heare the case formerly heard
in this Court betweene M"" Thomas Rucke & Jaines Wall, relating to a saw
mill standing on Exeter River, w''' y^ sajd Colcord bought of y"' sajd Wall, &
on condition had by the sajd Wall, for want of due evidence, w* the sajd
Colcord cann pduce, & the id Rucke was ignorant of, the Court judgeth it
meete to grauut the peticon, and that Capt Brjan Pendleton, M' Vai Hill,
Left Rotit Pike, «& M" Tho Bradbury, or any three of them, shall & hereby
are impowred to heare the case & to examine wittnesses vpon oath, & to make
retourne of what they find in or about the id case to the next sessions of y'
Court, to be fully concluded on.
[*284.] *Whereas the tonnes of Yorke & Wells were, by coinissioners from the
Comittec to Generall Court, appointed to lay out the bound of each toune betwixt them-
lay out Yorke
& Wells selves, which hitherto haue not beene donne by reason of some differences
boun 3, c. jijgj-giii betweene the toune aforesajd, for the preventiug of future inconven-
jencjes in this respect, it is therefore ordered, that Capt Brjan Pendleton, Cap!
THE MASSACHUSETTS BAY IN NEW ENGLAND. 341
26 JIay.
Nicholas Sliaplcigli, & Nico Frost are & shall be hereby impowrcd to pitch & 1 (55 8. lay out the dividing Ijne betweeue Yorke & Wells, from that marked tree at ■which formerly by mutuall consent of those two toimcs there bounds west sett, and to make a true retourne thereof, vnder theire hands, unto the next sessions of this Court.
In ans"" to the peticou of Capt Brjan Pendleton, the Court, in referenc to Courts graunt his service pformed w"" other gent" in taking in the easterne parts, &d, the q', p'endie- Court doth graunt him two hundred acres of land on Chocheca Riuer, aboue *"''• Doner bounds, as neere to the land lajd out to M'' Edward Eawson as maybe, to be lajd out by M"' Edw Starbuck & Peter Coffyn.
In ans'' to the peticon of some of the inhabitants of Ljnne & Reading & Linn, Redding, Rumly Marsh, the Court judgeth it meete to graunt them liberty to rajse a jj,j,)j liberty to troope of horse, & choose theire officers, provided they be not fferry free, nor "'"'^^ ^ troope, haue fine shillings yeerly allowed them from the ^country, as other troop''s haue.
In ans' to the petition of Rofet Tucke, humbly desiring the remittment Rob' Tucks of the fine of fine pounds imposed on him by the County Court for selling "^ " , "^J beere w'^'out a licence, &6, the Court judgeth it meete that three pounds of his sajd fine be remitted to him.
In ans' to the petition of the inhabitants of Newbury, &5, humbly craving Ans' to sea° that the might haue the bennefitt of the law that no man should haue coiiiand peticon. of the horse & flfoote both, that Cap? Gerrish maybe required to desert the horse & wholly attend the ffoote, or attend the horse & medle no more yr^^ the flfoote, that so they maybe excef by him, vj)ou whom they must depend in tjme of neede, i. e., theire lef'un' allowed & approoued of by Court, the Court judgeth it meete to graunt theire request.
In ans' to the peticon of seuerall other inhabitants of Newbury, inform- Courts ans' to iug of disorders, &S, in y* last peticon of theire neighbo's, the Court judgeth j^^^y^ ^^^^ it meete to declare that the execution of what is passed in referenc to y" former *'^' ve't^eon. petition be suspended, and the case to be in statu quo ; & it is ordered, y' the secretary issue out his warrant ag' the next Gennerall Court to Jn° Emery, Jn° Webster, & such others as are named in the papers brought into the Court, to appcare before the Generall Court in October next, to answer w' is lajd ag' them for theire abusiue carriages in that petition, & y' Heir Short, Rich Kent, Rich Knight, Nico Nojes, & Anthony Somersby then also appcare, & make good w' they chardge ag' the other persons.
In answer to the petition of the inhabitants of the new tounc at Salisburv, ""'i.'i"?^^''
^ ./ J yc inhalntauts
humbly desiring that they might be a distinct toune of themselves, & make °'' '^c new
toune at Salis-
provision for y' maintenance of y' worshipp of God amongst them, after the bury, &c.
342 THE RECORDS OP THE COLONY OF
Court had heard what the inhabitants of both okl toune & new of SaHsbuiy, by theire deputy & attorneys, could say, the Court judged it not meete to graunt y* inhabitants of the new tonne of Salisbury theire petition, but doe declare & order flbr the present, that they shall attend the worship of God to- gether in the old toune, & that they contribute theire seuerall proportions for the majntenance & continuance of the same amongst them. [*285.] *In answer to the petition of George Badcocke, humbly desiring the re-
Badcocks 18 niittment of the eighteene pounds fine imposed on him by the County Court for 6". selling strong waters to y' Indians, w"'' he afEi-med was donne by his wife w'''-
out his consent, the Court judgeth it meete to abate him twelve pounds of the sajd ffine. Thayers fine of There being a petition pferd by Richard Thayer to the last Gen' Court
gu_ in October for y* abatement of a fine of nineteene pounds imposed on him by
y"^ County Court of Boston for selling strong licquors contrary to lawe, w'"^ was then abated to fine pounds, now, forasmuch as by accident the sajd petition was lost, and so no entry of the Court order therevpon, it is therefore ordered, that the sajd act of the Generall Court is hereby confirmed & made good in all respects as before. Courts ans' to In ans' to the petition of Rhoda Goai'e, the Court judgeth it meete to
Rhoda Goares . . ,. ...
peticon. graunt liir liberty to take vp one hundred eighty eight acres of land, being hir
proportion in y« ffower thousand acres formerly graunted to Roxbury, in any
place in this jurisdiction that is not already graunted, nor where it may be
prejudicijall to a plantation, & Capt Lusher & Left Fisher is appointed to lay
it out.
Courts ans' to In ans'' to a request of Sarjant Hoyte & Sarj' Stephens, that Phillip Chal-
ticon referine ^'^^ might be Confirmed left to y'' ffbote company in Salisbmy, the Court
to Phillip judgeth it meet to referr the determination thereof to y* next County Court of
Chalice. •
that county, sofluofshott On the motion of Capt Breedon in behalfe of Colonel Tho Temple, it is
neil Temple, ordered, y' y* surveyor generall deliuer to the sd Colonell Thomas Temple, or
his order, three hundred weight of minion shott, w'''' the Court lends to him
on his promise to repay y* same in like good shott. Cap' Hubbard Cajjt Joshua Hubbard, on the request of the toune of Hingham, is ap-
marriaoe at pointed to solemnize marriages betweene psons legally published, &d, in that
Hingham. tOUne.
Ans' to Cap' In ans' to the peticon of Capt Richard Davenport, it is ordered, that
auenpoits j^q^ Joshua Fisher, John Prescott, & Jonas Fairebancks shall & hereby is
petio. ' ' •'
appointed to lay out sixe hundred & ffiuety acres of laud to him, formerly &
THE MASSACHUSETTS BAY IN NEW ENGLAND. 343
y'= last yeere grauntcd, where it shallbe free of other graunts, & make retourne 10 5 8. to y" next sessions of this Court. ''
. . 26 May.
In ans'' to the petition of Cleoment Grosse, the Court judgeth it meete to dement restore him to his former liberty to keepe an howse of entertainment, accord- "Crosse sett at
•^ •' liberty, &c.
ing to lawe.
In tlie case betweene Joseph Armitage & Thomas Willjams, after the Courts judg- Courts hearing & pervsing the evidences produced in the case, tlie Court finds ^^„^ g. -^v-m. for the defendant, Tho Willjams, twenty shillings costs & damage. ''^^®"
In ans' to the petition of John Dickison, late connstable of Salisbury, the Courts ans' to
/-, 11 1 •■ 1 T 1 -ii'o • Dickisons
Court declares, the petitioner acted according to lawe in collecting & appris- petijon. ing the country rate, and therefore judge meete, if any damage be, it should be borne by the country.
In ails'" to the peticon of Cap? Richard Davenport, it is ordered, that the Ans' to Cup« Tresnrer pay him eighteene pounds seven shillings, w'='> he hath disbursed for ppyjo^ the country for boats, coulo''^ &d, and the Governo'', Dept Governo'', & ^Majo"" Govern' &Dcp> Atherton are hereby impowred to give coiriission & direction to Cap? Rich g^ Dauenport, & to signe bills to y'^ Tresurer for the payment of such imple- ments as from tjme to tjme shall be necessary for the place.
In the case betwene Jn° WincoU & Lewis Jones, the Court, hauing Court judg- heard the evidences on both sides, doe order, as a finall issue thereof, that the ^.^y^ g. j^^^^ sajd Lewis Jones pay viito the sajd Jn° Wincoll three pounds. ''''^''•
*The Court retourned an ans' to his highnes letter, w"^'' they rec'' in May, [*286.] 1658, w"^"" letter or answer is in the Courts booke of letters. Courts letter to
his highnes.
Whereas the toune of Saco (w^'in the lyne of our pattent, in or neere proclamation
& order ag*J Bonighton.
the bounds whereof John Bonighton Ijveth) haue generally submitted them- ' °^ " "°' "°
selves & theire lands to the government & jurisdiction of the ]\Iassachusetts,
and whereas there are great and frequent complajnts made to this Court by
seuerall credible persons that the sajd Bonighton, attending no gouernment,
doth molest both his neighbo" & other that occasionally trafficque or ffish in
those parts, & by his outragious carriages hath majmed some and put others
in dainger of theire Hues, by his lawless and imperious actions, and whereas
legall courses haue binn taken, & much patience haue binn vsed for his
reducement into some tollerable demeano'' hitherto, not only in vajnc, but
insteed of compljance, he hath sent contemptuous & rayling retournes to this
government or authoritje heere, — wherevpon this Court, considering the
;Pmisses, doth declare the sajd Bonighton a rcbell, or coiiion enemy, & intend
to proceede ag' him accordingly j yett because this Court is very loath to vse
extremitje, (if it may stand w* justice, our peace and honiio'', to excercise some
further delay,) therefore this Court doth hereby expresse themselves willing
344
THE RECORDS OF THE COLONY OF
1G58.
26 May.
March 23, 1657-8.
to glue the sajd Bonighton time till the first day of August next peaceably to render himself into the hands of the Governo' & such other of the magis- trates as shall then be in or neere Boston, that his case being duly & season- ably considered, there may be such an issue put to the same as shall be meete, which clemency thus rendered if neglected or contemned, it is resolved by this Court to proceede ag' him as a rebell or coiuon enemy to the people of these parts of New England, & this government in spetiall, to the people in habiting neare vnto the place of his residence. And further, this Court doth impower any person that hath submitted to this government, after the I''' of August, to aphend the sajd Bonnighton by force, & bring him, aliue or dead, to Boston, declaring & proclayming that whosoeuer shall so do shall haue twenty pounds pajd him for his service to the country, out of y^ coinon tresury, w'^'' may be levied w"" other charges vpon the sd Bonnighton his estate.
Layd out to Harvard Colledge, at Cambridge, in lejw of a graunt made them of two thousand acres of land at a Generall Court, held at Boston, these
CoUedge 2000
acres lajd out. senerall parcells of land in manner following, viz* : on the east side of Pequot Eiuer one parcell of land, by estimation about fine hundred acres of land, more or lesse, being bounded w"" Wequatucq^uet Riuer, running by Willjam Cheseboroughs houses on the east & north east thereof, & contjnuing vpon the sajd riuer vnto the head thereof, and w*"" a path leading from Misticke vnto Kechemag, or the wading place ouer Pauquatucke Riuer on the south east thereof, y" w'^'' path is the head of W" Chesbroughs land, & on the west with the wildernes ; also one other parcell, by estimation about fiue hundred acres, more or lesse, lying vpon INIistick Riuer, begining about forty pole on the south side the brooke that runneth into the sajd riuer, neere to Goodman Culuers house, & extending from the sajd riuer halfe a mile on each side thereof, & runig vp the riuer forty poles aboue the north side of the swampe, lying at the north end of the plajne, and there to be in breadth on each side the riuer as before named; and the sajd Ijnes to be made streight Ijnes, & not to runne crooked as the riuer runneth; also one other parcell, by estimation about fiue hundred acres, more or lesse, being bounded w"" a parcell of land lajd out vnto Thomas Prentice on y" west, w*"* the sound on the south, on the east w"* "Wignapaug, & on the west w"' the coinon land. [*28T.] *Also, on the west side of Misticke Riuer fiue hundi-ed acres more, to be
lajd out vpon the great plajne, about two miles, more or lesse, from Goodman Culuers house ; also, one hundi-ed acres of meadow, of the neercst that may be found w"' the aboue sajd fiirmes on ISIisticke Riuer, the which two last parcels to be lajd out by Capt Georg Dennison & M' Thomas Danforth.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 345
In ans"^ to the petiSSn of M' Thomas Danforth, who lajd out the lands 16 5 8. ahoue mencbned, w"^'' the Court allowes oiF & confiermes, and judgeth it meete ''
26 May.
to graunt vnto the sajd M" Thomas Danforth three hundred acres of land, to ^^j, ^^ ^j, be laid out vnto him adjoining to the west side of the colledg lands y' lyeth ^^.'''°'^}'\'^^'
•* " tition, & 300
at the head of W" Cheesbroughs land, & to be bounded by Capt George acres graunted
to him.
Dennison.
Itt is ordered, that the proclamation referring to John Bonighton be sent by the deputy of Yorke, who is hereby desired to take care for the publishing thereof in those parts, according to y' order.
The Court judgeth it meete to allow off & confinne the deede of sale Gilberts deed made by the widdow EUzabeth Gilbert to Charles Gott, bearing date y* 30"» ch" ri^ Go°tt. March, 1658, w'='' is on file.
This Coi-U-t being solicjted, by one of the inhabitants of Northhampton in M' Mathers
_,,. ,.. . .... - encourage-
the name of the rest, to comend theire condition, wanting an able minister of ^^^^ ^^ North the gospell to administer the things of God vnto them, to the reuerend elders, Hampton, w* this Court take themselves bound to further what Ijeth in theire power, and vnderstanding that some of the sajd inhabitants haue an eye vnto M' Eliazer Mather as a fitt man to administer the things of God vnto them, this Coiu-t judgeth it meete to declare y', in case God so encljnes the harts of those who are concerned therein, y' ^M'^ Mather goe vnto North Hampton to minis- ter vnto the inhabitants there in the things of God, they both approove there- of, & shall be ready at all times to encourage him in that service as there shall be occasion, in whatsoeuer may rationally & meetly be expected.
This Courts adjourned to the 3* Twesday in October next, at eight of the clocke in y^ morning.
Mt the second Sessions of the GeneraU Court, held at Boston, the i9 October.
19^ of October, 1658.
THE Court mett againe at the tjme appointed. Whereas there is a pernitious sect, comonly called Quakers, lately Law ag' y«
0 11 aIc prs
risen, who, by word & writing, haue published & maintayned many dajn- gerous & horrid tennetts, and doe take vpon them to chainge and alter the re- ceived laudable customes of our nation in giving ciuill respect to sequalls or reuerence to superiors, whose actions tend to vndermine the authority of civill gouemment, as also to destroy the order of the churches, by denying all
VOL. IV. PART I. 44
19 October.
346 THE RECORDS OP THE COLONY OP
1G58. established formes of worship, and by -w^di-awing from the orderly church assembljes allowed & approoved by all orthodox profFcssors of the truth, and insteed thereof, and in opposition therevnto, frequenting private meetings of theire oune, insinuating themselves into the minds of the simpler, or such as are lesse affected to the order & goueriunent in church and comonwealth, whereby diuerse of our inhabitants haue binn infected & seduced, and notw*''- standing all former lawes made (vpon experience of theire arrogant, bold ob- trusions to disseminate theire " principles amongst vs) prohibbitting theii-e coming into this jurisdiction, they haue not binn deterred from theire impetu- ous attempts to vndermine our peace and hasten our mine.
For prevention whereof, this Court doth order & enact, that euery person or persons of the cursed sect of the Quakers, who is not an inhabitant off but found w*''in this jurisdiction, shall be ap^hended, (without warrant,) where no magistrate is at hand, by any connstable, comissioner, or selectman, and con- veyed from connstable to connstable, vntill they come before the next magis- trate, who shall coiiiitt the sajd person or persons to close prison, there to
[* 288.1 remajne *without bayle vntill the next Court of Asistants, where they shall haue a legall tijall by a sijeciall jiuy, & being con-sicted to be of the sect of the Quakers, shall be sentenced to bannishment vpon pajne of death ; and that euery inhabitant of this jurisdiction being convicted to be of the aforesajd sect, either by taking vp, publishing, & defending the horrid opinions of the Quakers, or by stirring vp mutiny, sedition, or rebelljon against the govern- ment, or by taking vp theire absurd & destructiue practises, viz', denpng civil respect & reuerence to sequalls & superiors, w"'drawing from oiu- church assembljes, & insteed thereof frequenting private meetings of theire oune in opposition to church order, or by adhering to or approoving of any knoune Quaker, or the tenetts & practises of the Quakers, that are opposite to the orthodoxe received opinions & practises of the godly, and endeavoring to dis- affect others to ciuill gouernment & church order, and condemning the prac- tise & proceedings of this Court against the Quakers, manifesting thereby theire comjDljance w''-^ those whose designe it is to ouerthrow the order estab- lished in church and coinonwealth, euery sucli person, vpon examination & legall conviction before the Court of Asistants, in manner as aboue sajd, shall be coiiiitted to close prison for one moneth, & then, vnlcsse they choose voluntarily to depart the jurisdiction, shall giue bond for theire good abbear- ance & appearance at the next Court of Asistants, where continuing obstinate and refusing to retract & reforme the aforesajd opinions and practises, shallbe sentenced to bannishment upon pajne of death ; and in case of the aforesajd
19 October.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 347
voluntary departure, not to remajne or againe to retourne into this jurisdiction 16 58. ■\v"'out the alowancc of the majo'" part of the couucill first had & published, on poenalty of being banished vpon pajne of death ; and any one magistrate, vpon information giuen him of any such person, shall cause them to be ap^- hended, and if, vpon examination of the case, he shall, according to his best discretion, finde just ground for such complainte, he shall coiuitt such person to prison vntill he come to his trjall, as is aboue expressed.
Whereas by too sad experience it is observed, the sunn being sett, both Lavre to pTent euery Saturday & on the Lords day, young people & others take liberty to ^]^^ Saboath. walke & sporte themselves in the streets or fcilds in the seuerall tounes of this jurisdiction, to the dishonor of God and the disturbance of others in theire re- ligious excercises, and too frequently repajre to publicque houses of entertajue- ment, & there sitt drincking, all wliich tends, not only to the hindering of due preparation for the Saboath, but asmuch as in them Ijes renders the ordi- nances of God altogether vnprofitable, & threatnes rooting out of the power of godljnes, and procming the wrath & judgments of God vpon vs and our posteritje, for the prevention whereof itt is ordered by this Coiu-te & the authoritje thereof, that if any person or persons henceforth, either on the Saturday night or Lords day night after the sunue is sett, shallbe found sporting in the streets or feilds of any toune in this jurisdiction, drincking, or being in any house of entertajnement, (vnlesse straingers or sojourners, as in theire lodgings,) & cannot giue a sattisfactory reason to such magistrate or comissioner in y" seuerall tounes as shall haue the cognizance thereof, euery such person so found, complajned of, & prooved transgressing shall pay fine shillings for euery such transgression, or suffer corporall punishment, as authoritje aforesajd shall determine.
This Court, finding some inconveniences aiising by having so many per- Law cnjoyning
. . T ^ c 11^'* p'sons only
sons nommated in the annuall chojce of magistrates, doe thereiore order, that to i,g p„^^ ^g henceforth only to the nomnber of fow''teene psons shall be nominated by the ^°''': '^"' ^"^
•' ± "J magisti'atcs.
freemen annually in the vsuall manner, and put to vote on the day *of elec- r*289 I tion ; & that clause of the printed lawe injoyning the nomination of twenty persons is heereby repealed till the Court see meete againe to revive it.
This Court, taking into theire serious consideration the Lords displeasure Day of humil- against vs in the sad divissions in seuerall churches, the arrogance & boldnes of open opposers of the truth & wajes of the Lord, vnseasonable rajnes, & mortallitje in diuers places, and soundry other respects, doe judge meete, that the second fowerth day of the weeke in the next moneth be kept by all the people of this jurisdiction a solemne day of humilljation for in- treating the Lords favorable presence yett to be contjnewed to his poore
348
THE RECORDS OP THE COLONY OF
1658.
19 October. Prises of all sorts of corne to y* countrje rate.
M' Norton to drawe a decla- ration to discu y» en'ors of y« Quakers, &c.
Major Hath- orn, Salem ; M' Rich. Rus- sell, Charles Toune.
Coniissioners of Portsmouth,
Ans' to Capt.
Gerish petiCon refering to Louies estate.
people & churches in these ends of the earth, and to the rising generation after vs.
Itt is ordered by this Court & the authoritje thereof, that all sorts of corne shall be pajd in the countrje rate for this yeare ensuing at the prizes fol- lowing : viz., wheate at flue shillings p bushell, rye, pease, barly, & barly mault at fower shillings p bushell, & Indjan at two shillings eight pence p bushell, & all other things payd in the country rate to be valued according to the prises of all sorts of corne aboue mentioned, or as the Tresurer & the connstable cann agree ; provided, that no leane cattle shallbe pajd in any toune, nor aboue one third part in Indian & rye, and also that there be an ad- dition of one quarter parte of a single rate more for the due discharge of the country engagements.
Whereas this Court, well vnderstanding the daingerous events of the doc- trines & practises of the Quakers, hath by lawe endeavored to prevent the same, but finding that some of them doe disperse theire papers, so expressing themselves therein as that they may deceive diuers of weake capacitjes, and so drawe them on to favor theire opinions & wajes, — now, for the further pre- vention of infection, & guiding of people in the truth, in refference to such opinions, heresies, or blasphemjes by them expressed in theire bookes, letters, or by words openly held forth by some of them, the Court judgeth meete, that there be a writing or declaratjon draune vj), & forthwith printed, to mani- fest the evill of theire tenets and dainger of theire practises as tending to the subvertlon of rehgion, of church order, & civill government, and the neces- sitje that this gouernment is put vpon (for the preservation of religion & theire oune peace & safety) to exclude such persons from amongst them, who, after due meanes of conviction, shall remajne obstinate & pertinatious ; and this worke the Coiu't doth coinend to the care & pajnes of the Reuerend M' John Norton speedily to effect.
Itt is ordered, that Majo'' W™ Hauthorne for Salem, and M'' Richard Russell for Charles Toune, shall & hereby is impowred to act in the sajd tonnes in all crjminall cases, marriages, giving oathes in civill cases, as any one magistrate may do.
Itt is ordered, that Cap? Thomas "Wiggin shall & hereby is impowred to administer the coinissioners oath to Cap? Brjan Pendleton, Henry Sherborne, & Elias Stileman for this yeare, when they repajre to him, signifying vnder the constables hand the legallity of theire chojce for y' end for the toune of Portsmouth.
In ans' to the petition of Capt Willjam Gerrish, one of the ouerseers of the last will & testament of Elizabeth Lowle, humbly desiring that there
19 October.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 349
might be some sure order by this Court made for the increase & preservation 16 58. of that estate for the bennefitt of the chiklren, be y' he, w"^ the rest of the ouerseers, might be impoured & enabled to put the same forth on the best termes they may, & taking security of the brother of the children of the sd Elizabeth Lowle, or others, as they judge meete, & that without damage to theire dune estates, the Court judgeth it meete to graunt the request aboue mentioned, and doe hereby impower the sajd ouerseers to lett out the aboue mentioned estate to y" sajd brother, or others, as they shall judge best, taking such secuiitje by house & land for the principle & increase as they cann.
*Itt is ordered, that the Quakers in prison at Ipswich be forthwith sent f* 290.1 for, warrant issued out accordingly, & retourne of the warrant made. The Courts sen-
tance ag' 6
Court convented the sajd Quakers before them, and after much endeavor to Quakers. convince & reforme them, ordered, y' Samuell Shattocke, Laui'enc South- wicke, & Cassandra Southwicke, his wife, Nicho Phelps, Joshua Buffam, & Josiah Southwicke shallbe enjoyned at theii-e perrill to depte out of this juris- diction before the first day of the Court of Election next, W^'' if they neglect or refuse to doe, they shall be then banished, vnder payne of death ; and if in the meane time they shall transgresse ag' the new lawe made this Court against Quakers, they shall be proceeded w"' as the sajd lawe requu-es ; and it is referd to the County Court of Suffolke to declare this sentence to them, and therevpon to release them out of prison.
In ans' to the petition of the inhabitants of Misticke, the Court, having Ans' to Mis- heard what the inhabitants of Charles Toune & Misticke could say, doe deter- *"''"' '"''*.^'
■' itauts peticon,
mine that the inhabitants of Misticke shall haue halfe proportions w"' the rest of the inhabitants of Charls Toune in the coinons lately djvided at Charls Toune, Misticke Eiuer, except Charlstoune leaue the inhabitants of Misticke and theire lands to Maulden, and Maulden accept them to such libertjes of coiiionage w'*" them as other theire inhabitants haue.
In ans'' to the petition of Alexander Becke, in the behalfe & w"' y^ hum- Ans' to Alex- ble desier of Elizabeth Orrice, a poore lame majd, that he might be sattisfied petiConT for his keeping of liir, & she retourned to hir freinds in England, the Court judgeth it meete to referr the peticoner to y" County Court, who are hereby irapowred to order him sattisfaction as they shall judg meete.
In ans"^ to the peticon of Samuell Greene, of Cambridge, printer, the Ans' to Sam. Court judgeth it meete for his encouragement, &6, to graunt him three hun- jJn^oo '"^■» dred acres of land where it is to be found. g'''^'^-
In ans' to the request of Cap? Thomas Clarke & Lef ? "W" Phillips, on xho. Lake, en- behalf of the North Company, in Boston, humbly desiring this Courte ^'^"^'
350
THE RECORDS OF THE COLONY OF
1658.
19 October. M' Greens liberty to visit his fireinds.
Courts judg- ment in Wall & Colcords case.
Ans' to M' Symons mocon to lay out 500 ac", &c.
County Courts order for m^ of house of cor- rection ffees coniii'med.
[*291.]
Rectifying y eastward ar- rears.
confirmation of Thomas Lake in the place of ensigne to y' company, the Court graiints theire request.
Att the request of the secretary, leaue & liberty is graunted to M' John Greene, Sen, of Warwicke, to visite his freinds for one moneth some tjmes the next somer, he behaving himselfe peaceably & innofFenciuely.
In answer to y" petition of John Lithermore & John Sherman, execcutors to y^ will of Thomas Hamond, late of Water Tonne, deceased, humbly desir- ing to be impowred by this Court to make sale of the land of y'= sd Hamonds to pay y"" remajnder of his debts & maintejne his child, the Court judgeth it meete to referr the exaniinatjon of this buisnes to y^ next County Court in INIidlesex, who haue power to send for wittnesses & parties concerned, & to make retourne of what they finde in the case to y^ next Court of Election.
The Court, on pervsall of the evidences in the case betweene James Wall and Edward Colcord, doe judge that James Wall shall liane and keepe pos- session of the sawe mill till Edward Colcord make sattisfaction for the purchase, and that on Colcords sattisfaction as aboue, James Wall shall make good his whole bargaine to the sd Colcord.
In ans' to the request of ]\I'' Samuell Symonds, humbly desiring that Capt George Dennison, M"' Thomas Dauforth, & INI"" Amos Richison might be impowred to lay out the fine hundred acres of land formerly graunted him in the Pequot country, for his vse and bennefitt, the Court judgeth it meete to graunt his request.
In ans'^ to the petition of Capt Edward Hutchinson, this Court declares, that they doe allow & approove of the fees w'='^ the order of the County Court, bearing date 30 July, 57, setts doune for the keeper to take till this Court takes further order.
*Itt is ordered by this Court and the authoritje thereof, that the coiiiis- sion^'s of Douer, and Portsmoiith, & Yorke shall annually choose some meete persons in theire seuerall tounes to levy the summe of seventeene pounds tenn shillings, payable to the countrje Tresurer, as also for the arrears that are behind since the order was made, for the payment thereof; and that all the inhabitants to the eastward of Exiter bounds, m'"" M' Hiltons plantation, shall be accounted w"'in this county & for the county of Yorke, to take in all the inhabitants, except those of Scarbrough & Falmouth, who are hereby enjopicd to contribute to the payment of the aforesajd seventeene pounds tenn shillings.
Itt is ordered by this C'ouite & the authoritje thereof, that the booke of lawes, as they haue biiin revised & corrected & put into forme by order of this Court, together w"^ the alteratjons & additions heere vnder expressed, shall forthwith be printed, & be of force in one moneth after the same, and that
THE MASSACHUSETTS BAY IN NEW ENGLAND. 351
there shallbe a perfect table made therevnto what remajnes yett to be donnc, 1 G 5 8. to be prepared for the presse by our- honnored maio' gen"j and that in the ' ' ^
19 October.
meane tjme the lawes stand in force as now they be.
1 quaes. Whether any appeales in civill cases shall be graunted to the Addiccon to y= Generall Court, it was voted by the Generall Court to be according to the f^^ prenting new copie. *''•
2. Whither any appeale shall be graunted in capitall cases, except in case where two of fiue, or three of seven, shall dissent. Resolved on the negative.
3. Whither actions of trespasse vnder forty shillings may come to County Covuts. Resolved in the negative.
4. Whither Boston comissioners may graunt warrant against any pson w"'out the Ijmitts of theire toune, and that the comissioners power shall reach the whole bounds of the toune, both which was resolved in the afhi'- mative.
5. Whither it shall be in the power of the majo'^ part of any toune to order the supply of theu'e ministers, with a house by purchase, hu-e, or some of money in lejw thereof, at theire pleasure. Resolved in the affirmative, j)ro- vidcd it extend not to those which haue houses already.
6 q. Whither there be any ferrjes free. Resolved in the affii-mative for magistrates & deputjes & others, when they are vpon countrje service.
7. Concerning executions, the new draught is voted to stand, provided be added thereto, vnder the pocnalty of double damages.
Itt is ordered, y' when the present coppy of y" lawes is fEnished by the major generall, that they be sent to the Tresurer, who shall take care that they be printed as speedily as maybe ; also, that the preface to the old lawe booke, w* such alterations as shall be judged meete by the Gouerno' & majo"^ generall be added therevnto, and presented to the Generall Court to be ap- prooved of; and M'' Danforth is appointed to ouersee the impression.
Whereas this Court in May last, on a hearing of a petition from the In- Courts judg- habitants of Salisbury, ordered & appointed the inhabitants of the new toune ■ ,.c7nhabit- to attend the publicke worship of God on the Lords dajes at the old toune, *"'^ "^ "'="'
toune at Salia-
which order this Court hath blnn fully informed that Joseph Peasely, & the bury rest of the inhabitants there, haue generally slighted & neglected, it is there- fore ordered by the authoritje of this Court, that the recorder for the county of Norfolke fforthwith issue out his warrants requiring Joseph Peasely, & the rest of the inhabitants of the new toune, being masters of familjes, or at theii'e owne dispose, to make theu'e personall appearances before the next County Court to be held at Salisbury, to answer for theire dlsobedjence to
352
THE RECORDS OF THE COLONY OF
Lef* Fishers license for strong waters.
[*292.]
Ans' to Tops- feild peticon referring to y« & Salem lands.
County Courts adjoxirnment.
Maj' Hau- thornes letter of attourney nulled.
Ans» to Jerre. Belchars peti- tion.
Courts resolu- tion ab' M" Footes thirds.
authorltje in not complying w"* the sajd order ; and the sajd County Court is hereby impowred, authorized, & required to proceede ag* all such of them as in theire ajjpearance shall not fully make it cleare they haue, since the sajd order, performed theire duty, and repajred to the publick worshipp of God on the Lords day at the old toune, to fine them for euery days absence there fiue shillings.
In ans"" to y^ request of the selectmen of Dedham, desiring, in regard of theire remotenes from Boston, Lef ? Joshua Fisher might haue Uberty to sell some strong waters, to supply y* necessity of such as shall stand in neede thereof in that toune, the Court graunts theu-e request.
*In ans"" to the peticon of the inhabitants of Topsfeild, it being put to the question whither the bounds of Salem shall be accompted to runne from the meetinghouse sixe miles into the woods, and no more, alwajes provided that the particcular persons to whom lands haue binn graunted by Salem, w*''in Topsfeild Ijne, shall belong to the proprietors, the Court resolved this queestion in the affirmative.
Itt is ordered, that the next County Court, that should beginne on Twes- day next, the 26"^ of y° instant October, shallbe adjourned till Twesday come three weekes, & that all warrants & attachments aheady served, & what heere- after shall be graunted, to be served sixe dayes before the sajd Court, accord- ing to law, shall stand good.
The Court, hauing considered of the letter of attourney made by M' Jn° Giiford to ]\Iajo' "W™ Hauthorne, in refierenc to y"= case now in Court, doe judg that the sajd letter of attoiu-ney is not good in lawe.
In ans"^ to the peticon of Jerremiah Belchar, humbly craving the remitt- ment of the fine of ffifty two pounds imposed on him by the last Ipswich Court for selling strong water, powder, & shott, the Court, considering the petitioner is poore & an honest man, not vsing any such trade, doe judg meete to abate the sajd fine to five pounds, and doe allow his petition to be accepted gi-atis.
The surveyo"' generall, M' John Johnson, attourney for M" Foote and M'' John Rodgers, referring a cawse to this Court concerning the thirds of a howse and lands in Eoxbury, w* were mortgaged by M"^ Foote to M"" Nathani: Eodgers, in sattisfaction of a debt due to M'^ Crane, and is now in the posses- sion of M"' Rogers children, the thirds whereof are now challenged by the sajd M''^ Foote, widdow, according to the law of dowrjes, the Court, hauing heard the pleas which were made, no testimony being produced on either partje, doe not find the thii-ds of the sajd house «& lands to be due to the sajd M" Foote.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 353
Cap? Tho Sauage, M'^ Jerremiah Ilouchin, Cap? Tho Clarke, M-" Stoddard, 1 G 5 8.
M"" Nath Duncan, M' Kicliard Parker, & jNI'^ Edward Rawson, being presented ^~ '* '
by y' constable of Boston as chosen by y" freemen of Boston to v" place of " " ^''
•' "^ •" '' ^ r Conussioners
comissioners, bad thelre oaths giuen them in open Generall Court, except M"" "f Boston Parker, who was then absent.
In ans' to the peticoa of the inhabitants of Mistick & Pauketucke, the Ans' to Mis- Court judgeth it meete to graunt that the EngUsh plantation betweene ]Mis- kutucke Iti- ticke & Paucutuke be named Souther Toune, & to belong to the county of ™"' '^^^^"^
, ~ . Souther Toune.
Suffolke, & order that all the prudentiall affaires thereof be managed by Cap? George Dennison, Robert Parkes, Willjam Cheesbrooke, Thomas Staun- ton, Walter Palmer, & John Minot, Seil, till the Courte take further order ; and that Capt George Denison, W™ Cheesbrooke, & John Minot, Sen, be coiiiis- sioners to end smale causes there, and to deale in criminall matters as one magistrate may doe, and that Walter Palmer be counstable, Capt Dennison clarkes of the writts ; and he also is hereby impowred & authorized to solemnize marriages betweene such as are published according to law ; y' y» sajd Cap? Dennison, taking his oath, be impowred to give the oath to the other two, pro\'ided alwayes the bounds of the touue is not hereby determined.
In ans'' to ^ peticbn of the inhabitants of Souther Toune, humbly desiring. Souther Toune for seuerall reasons, that the bounds of theire plantation may extend into the ''°™ ' country westward betweene Wica Pauge & Misticke Riuer, eight miles from the mouth of Misticke Riuer, the Court judgeth it meete to graunt theire req^uest.
In ans' to y^ peticbn of Richard Wajte, who had three hundred acres Rich. Wayts of land graunted him by this Court, 20'" May, 1658, this Court doth impower ^'"' *""'• Thomas Danforth & Andrew Belchar to lay out the sajd graunt of three hun- dred acres in any place w^in the Ijmitts of this colony not formerly disposed of by this Court.
*In ans'' to the peticon of Cap? Edward Johnson & John Carter, Sarjant [*293.] Edw Oakes, M' Ephrajm Child, & Ensigne Ro1it Hale are appointed a coiiiit- ^^^' t° Capt.
Johnson »& Jn*
tee, & fully impowred to take oatlies of wittnesses in y" case, if neede shall Carters peti- be, & determine and setle the bounds of the lands in controuersy, w"' all costs & damages occasioned thereby, on hearing of all evidences betweene both partjes.
There having binn a considerable estate expended not long since in build- Coinittee ab« ing & repayring the Castle, and some thing yett remaynes to be donne, w"'out which all our past expences willbe to litle purpose, this Court doth therefore order, that the Trcsurer & the surveyor generall shall & hereby are appointed a cofiiittee to examine the accounts about the Castle, what hath binn received
VOL. IV. PART I. 45
354
THE EECORDS OF THE COLONY OF
1658.
19 October.
Wights allow- ance of 20".
& disbursed about the same, & what is yett remajniug, either in hand or prom- ised, towards the effecting the worke, & make retourne thereof to the Court of Election. And it is further ordered, that the sajd survejo"^ generall shall be authorized & is heereby appointed to joyne w"^ oiu- honnored Majo"^ Atherton for the carrying an end of that worke to effect, & if neede shall so require, to charge bills vjjou the Tresurer, provided it exceede not the soiiie of fiffty pounds.
It is ordered, that the Tresurer for Suffolke discharge & pay Henry Wight, counstable, late of Dedham, the soiiie of twenty shillings for his charges al- lowed him for bringing doune Goody Batchiler w"^ a cart, &5.
Comittees re- tourne ab* ffurrs.
The retourne of y^ coinittee betrusted to agree w"* such as p'sented to
carry along the trade of furrs, including in oiu' agreements the phibbitting them of trading comoditjes by the Court prohibbited : —
1. Imp'". Wee contracted w"' y'' worpfi'" Majo' Willard, M'' Bren-
ton, Ensigne Wheeler, & Tho Hincksman for y" trade of u s a
Merremacke, 025 00 00
2. Thomas Brookes & partners for the trade of Concord, . . . 005 00 00
3. M"" Piuchon for the trade of Springfeild & of Norwottocke for one
yeare in regard of the present coiiiotions among the Indeans, 020 00 00
4. John Stedman for the trade of Cambridge, 002 00 00
5. M"' John Tincker for y" trade of Nashaway & Groaten for y^
yeare, 008 00 00
6. John Parmiter for the trade of Sudbury, 003 00 00
One put in for Jn° Stone for Whipsufferadge, 005 00 00
The trade to beginne from the 1*' of y^ 5 &, 1657, to pay in beaver.
The Court approoved of this retourne, & ordered it to be recorded.
W" Parks 600 at:" to be lajd out.
There having binn formerly graunted fower thousand acres of land to the toune of Roxbury, of which M"^ AVilljam Parkes was to haue one hundred fower score & one acres, & on his request to the Court, there was ordered such an addition as might make vp the same three hundred acres, as by y" Courts orde"^, anno 1653, appeares. And whereas there was also a graunt of thi'ee hundred acres lately made to the survejor generall, which graunt he hath sold to the sajd W" Parkes, on his request to this Court, it is ordered, that the sajd sixe hundred acres of land be lajd out at a place called Three Brookes & Wading Riuer, vnto a great hill knoune by the name of Barr Hill, in the way leading to Seacuncke, w"' what meadow that place shall affoord, or
THE MASSACHUSETTS BAY IN NEW ENGLAND. 355
be neere therevnto, to be layd out either by M" Thomas Danforth or Lef I Joshua 1658. Fisher : provided the said hxud be in our jurisdiction, & free from all other * ^ ^
^ 19 October.
graunts.
Vpon a motion made to this Court in the behalfe of Frauncis Vernon, Vemons the Coui-t judgeth it meet to graunt to the sajd Vernon two hundred acres of ^""° land, where he can fiude it according to lawe.
Whereas this Court, the last yeare, at the first sessions, d graunt the Major Denni- Majo"" Generall Dennison fine hundred acres of land neere Norwottocke, & at ,^^6 vp his 500 the sessions in October, on his request, gaue him liberty to take the same neere ^"''^■ Merremacke Riuer, at his request now, (according to his purpose & intent at that time,) this Court doe giue him liberty to take the same either at Nor- wottucke, according to his first graunt, on either side the riuer, or at Merremake, as in the last.
*In ans' to the peticon of Pdciiard Smith, humbly desiring this Courts [*29-l.] favo"" so to order it that he may not be exposed to misery, w*'' his wife, being Order ab' Rich
•' omiths settle-
denjed to haue his bargaine w"" Benja Muzzey, & by that meanes is harbor- meut. lesse, &(3, the Court judgeth it meete to referre the petitioners for releife to next Court in ilidlesex.
In ans'' to the petition of Capt W™ Traske, the Court judgeth it meete Cap' Traskea to graunt him fewer hundred acres of land in the recquot country.
Whereas M' Thomas Starre, deceased, hauing left a desolat widdow and 400 acres of
■ . l2"i<l gr'ed to
eight smalc children, was y" chirurgeon ot one ot the companjes y' went ^. „iadow against the Pequotts, in ans"' to the request of seuerall gen'° on y' behalfe, the ^^^^^ Court judgeth it meete to graunt fower hundred acres of land to the sajd widow & children, & doe heereby impower y" Tresurer & Capt Norton to make sale or otherwise to dispose of the sajd lands as may best conduce to y° benefit of the widdow & children as they shall see meete.
Whereas the honnorable Colonell Thomas Temple is, by coinission from Order phibbit
r A 1 J AT ^°S ^^^ ^^ trade
his highnes the Lord Protector, constituted gouerno'^ ot Acady and JM oua j^^ j^j^ ;„ Scotia, from Mereliquish on the east, to St Georges and Musconcus, on the Colonel Tem-
' ^ '-' p" temtorya.
confines of New England, on the west, and is thereby impowred to seize and confiscatt the vessells and goods of all persons trading peltry or furrs with Indians w'l^out his licence, as also to burne, kill, & destroy all such as shall resist him, as appeareth by the sajd comission, bearing date Sep' 17, 1656, this Court, judging it meete to prevent all forcible contests or vnnecessary losse that maybe occasioned by any exhorbitant or inconsiderat persons, as also all occasions of offence betweene this colony and the gouerno"" aforesajd, being also desirous that loving and good correspondency may be cherrished & majn- teyned, doth order, that henceforth it shall not be lawfull for any person of
356
THE RECORDS OP THE COLONY OP
Block Island gr'ed to y« GoUuer, Dep* Gou., Major Gen. Denni- son, & Major Hauthorue.
Capt. Clarks 600 acres lajd out.
this jurisdiction to trade for fm-rs or peltry -w"" the Indjans w^^in the Ijmitts aforesajd, w^'out license from the sajd gouerno'^ ; and it shall be lawful! for the sajd gouerno'', or his attourney, anthorizcd thcrevnto vndcr his hand, to arrest, sue, & implead any person or persons that shall be found offending herein in any Court ■within the Ijmitts of this colony in any action of the case or trespasse, and shall haue squall justice therein.
This Court, in consideration of the honnored Gouerno'', Jn° Endecott, Es^, his great service to this country, together w"' the good service of Rich Bellingham, Esqp, Dep' Gouerno"', and in respect of Major Geil Daniell Den- nison, his great paynes in transcribing the lawes, & in regard of jMajo'' W™ Hawthornes surrendring his seven hundred acres of land formerly graunted to him, doe relinquish theire clay me, & doe graunt all theire right & interest that this Court haue or might haue in Blocke Island to the aboue mentioned fower gen'n, to each of them a quarter parte.
The Court hauing allowed Richard Fellowes, w"' some other ffitt man, to lay out three hundred acres of land for Capt Thoin Clarke, of Boston, which, at the desier of y" sajd Clarke, wee haue lajd out a hill called Ocquebitucke, lying in the wilderness about twenty eight miles from Windsor on this side, ■w"^ conteynes fiue hundred acres or more by estimation, but he, conceaving the Court will alloAve the ovcrjjlus measure, the whole being so on a moun- tajne, haue not taken out any parte thereof till wee know the further minde of the Court, leaving the ffootte of the hill for the bounds thereof.
June y^ 16, 1658. Yo' servants,
HENRY CHAPIN, RICHARD FELLOWS.
The Court approoves of these comissioners retourne.
*Whereas Willjam Arnold, of Pautuxit, presented a petition at the last Courts deter- sessions of this Court, that himself & the rest of those that had submitted to
minacon when
Arnolds bond our gouernmcnt might be disengaged from theire subjection, ^K''^ this Court, ^^to e voy , j^ answer to his request, were very ready to graunt, provided that the sajd Arnold gaue securitje to the Court to make good what he then desired to be the desier also of the rest of our subjects there, wliich accordingly he hath donne to the sattisfaction of the Court ; and whereas the sajd Arnold stood engaged in a bond to be responsall to answer the Greenes, or any other, for •what injury he had donne to them by virtue of this Courts coiiiission, w^^out refference to any time Ijmitted, this Court, on the request of the sajd Arnold, judges it meete, and doe therefore order, that if neither they nor any others •whom it may concerne shall prosecute the sajd Arnold for the breach of his coiiiission, as aforesajd, in one yeare, that then his sajd bond to be voyd.
[*295.]
THE MASSACHUSETTS BAY IN NEW ENGLAND. 357
17SepS1658. 16 58.
By order of the Generall Court of the Massachusetts, lajd out vnto Jn° '' '' ' Mellows, heyr of M"' Abraham Mellowes, deceased, in the I'equott countrje, on the east side Pauquatuck Riuer, two hundred acres of land, being bounded 200. w"' land lajd out to JNI' Rawsou on the south, Pawquatuck Eiuer west, and vpon the riuer lying about half a mile vp the riuer from M' Rawsons land, & extending into the wildernes at eight score rods in breadth, so farr as makes vp the full quantitie of two hundred acres.
Also lajd out to M'' Deane Winthrop fine hundred acres of land adjoyn- M'Dean Win- ing to the land of Jn° Mellows, and from thenc vp the aforesajd riuer a full acres"' mile, and from thenc by a parralell Ijne to the Ijne betweene John Mellowes, & he extending into the wildernes so farr as makes vp the full quantity of fine hundred acres. Also layd out, for the accoiiiodation of the sajd ffarmes, all that meadow lying vpon the sajd Pauquatuck Riuer, aboue the wading place about two miles, not exceeding twenty acres to Jn° Mellowes farme, and forty acres to M'' Deane Winthrops farme, the w'^'' is also to be accounted as part of the nomber of theire aforesajd quantity of acres.
THO: DANFORTH, GEORG DENNISOK
The Court approoves of this retourne, provided it hinder no former graunts.
The retoui-ne of the comissioners of the Generall Court of the Massachusetts, Coffiissioners being authorized and appointed to setle civill gouernment in the easterne ^\^^]^ pojnt parts, to the vtmost extent of theire line, as appeares by a comission ^'''^ Point,
^ _ J ' rr J Spnruincke, &
grauntcd them bearing date the SO"' of May, 1658. Casco Bay, &o.
In refference wherevnto the coinissioners aforesajd, whose names are heere subscribed, according to order and trust therein to them coiiiitted, did rej)aire vnto the easterne parts, and at Yorke did adjourne the Court vnto the house of M'' Robert Jordan, at Spuruincke, sending out suinons to all inhabitants re- siding w"'in the Ijne proposed, there to appeare personally before them, which by the majo"' part thereof was attended, and after some serious debate of matters betwixt vs, removall of some doubts, & our tendering of some acts of favor & priviledg to them, the good hand of God aiding therein, by a joint consent wee muttually accorded, in a free & comfortable close, as doth more fully ap- peare by these ffoUowing acts : —
"Wee, the inhabitants of Black Point, Blew Point, Spuruincke, & Casco Bay, with all the islands therevnto belonging, doe oune & acknowledg our-
358 THE RECORDS OP THE COLONY OF
19 October.
[»296.]
1658. selves to be subject to the gouernment of the Massachusetts Bay m New England, as appeareth by our particcular subscriptions, in reference to those *seuerall articles formerly grauuted vnto Douer, Kittery, & Yorke, which are now graunted vnto vs, together w"" some additions, as vpou record doth appeare.
FRAUNCIS SMALE, NICHO: WHITE, W, m-'ke, THO: STAMFORD, Q/, his mark, JONAS BAYLY, I, his m'k, ROBERT CORBYN, NATHANIELL WALEIJ, ARTHUR AUGUR:, Juii,
his m'k, 1^,
JOHN PHILLIPS,
his m'^k, ■LiT) m''ke
RICH: A MARTYN,
m'k
GEORG 3 LEUIS, AMBROSE BODEN,
m'k
SAMUELL OAKEMAN, G, ANDREW BEAMES, m'k, ^, MICH: MADJUER, m'k, ^, THO: HAMOT, m'ke, ^, GEORG TAYLOR, m'ke, Xt HENRY JOCELYN, GEORG CLEAUE, ROBT: JORDAN, JN° BONIGHTON, RICHARD FOXWELL, HENRY WATTS, FRAUNC: NEALE, ABRA: FELLEW, AMBROS BODEN, Sen, MICH: WITTEN,
JN°^ TINNEY,
m'k
NICO: r@- EDGCOMB.
Eueiy of the persons as aboue mentioned, which haue subscribed to this
19 October.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 359
writting, haue further, by oath taken in Court, engaged themselves to this 1 C 5 8. authority of the Massachusetts, at the date heereof, July 13"', 1658. Where- ^ ^ as the tounes of Black Point, Blew Point, Spurwincke, and Casco Bay haue acknowledged themselves subject to the goucrnm' of the Massachusetts, as by the seuerall subscriptions vnder theire hands doth appeare, wee, the comissioners of the Generall Court of the Massachusetts, doe actually graunt as foUoweth : —
1. In case, by an imediate power from the supremacy of England, wee are coiiianded, & after adresse to the same supremacy by the Massachusetts authority, it be desired, as propper to any other regulations then ours, this ob- ligation to be nulld, wee protecting them till the determination thereof.
2. That an act of indempuity or obliuion is ffreely graunted them.
3. That all such acts & priviledges as haue binn graunted to Douer, Strawberry Baucke, Kittery, Yorke, AVells, & Saco, are graunted vnto them.
4. That in cases of appeale to Boston, the appellant shall haue ordinary costs, but shall put in sufficijeut security (not recoming) to make good treble costs to the defendant.
5. That they shall haue true transcripts of such priviledges as haue binn graunted to the forementioned tounes sent vnto them to be recorded w"'all convenience.
6. That the civill priviledges now graunted them wee doe not intend shall be forfeited vpon differences in matters of religion, but theii-e regulations therein must be according to pocnal lawes.
7. That those places that were formerly called Blacke Pojnt, Blew Point, & ^tons Islands, thereto adjacent, shall henceforth be called by y' name of Scarborow, the bounds of which toune on the westerne side begineth where the toune of Saco endeth, & so doth runne along on the westerne side of the Riuer of Spiu'wincke, eight miles back into the country.
8. That those places formerly called Spurwincke & Casco Bay, from the harbor side of Spurwincke Riuer to the Clapboard Islands, in Casco Bay, shall runne back eight miles into the country, and henceforth shall be called by the name of Falmouth.
9. That the tounes of Scai-borow & Falmouth shall haue coiiiissioners Courts to try causes as high as Mty pounds.
10. That those two tounes of Scarborough & Falmouth shall, by a sui-- vey, take an effectuall course to bound themselves betwixt this time & the next Court holden for this county, wherevnto they are to make theiie re- tourne, or vpon theire neglect thereof the County Court shall appoint coiiiis- sioners for the bounding of them.
19 October.
Scarborough.
360 THE RECOKDS OF THE COLONY OP
165 8. 11- That those two tounes of Scarborough & Falmouth are to send one
deputy yearely to the Court of Election, & haue liberty for two deputjes, if they see cause, in Court. Given vndei oiu- hand, July the 14, 1658.
SAMUEL SYMONDS, THO: WIGGIN, NICHO: SHAPLEIGH, EDW: RISHWORTH.
Whereas the county of Yorkeshire is large & very remote from Boston, the place where the Generall Courts & councill of this comonwealth of the Massachusetts doe vsually assemble, whereby it is more difficult to obtayne the presence & helpe of any of the asistants of the gouernment, as occasion from tjme to tjme doth require, wee, therefore, the coiiiissioners of the Generall Coiut, considering the necessitje of a constant supply till the Generall ^ take [*297.] further *order therein, do graunt & order as foUoweth : — Falmouth and 1. That, with the Consent of the inhabitants of the aforesajd tounes of
Scarborow and Falmouth, wee doe constitute & appointe the right trusty Hemy Jocelyn, Esq>, 'SI' Robert Jordan, M"' George Cleaue, M'' Henry "Watts, & M'' Frauncis Neale coiiiissioners for the yeare ensuing, invested w"» full power, or any three of them, for the trjall of all cawses (w*''out a jury) w^'^in the libertjes of Scarborough & Falmouth not exceeding the value of fiffty pounds, & euery one of the sajd coiiiissioners haue graunted them magis- traticall power to heare and determine smale causes as other magistrates and asistants haue, whither they be of a civil or ci-iminall nature : any of the sajd coiiiissioners may graunt warrants, soiiions, & executions, if neede require, & haue power to examine offendors, & coiiiitt to prison, except bayle be ten- dered, according to lawe ; also, any tkree of the sajd coiiiissioners haue power to impowre millitary officers vnder the degree of a captaine. The sajd coiiiis- sioners are required to enjoy ne each toune to procure the booke of lawes ; also, any of the sajd comissioners haue power to minister oathes, according to lawe, and if they judge needefuU, to binde offendors to the peace & good behaviour, or to solemnize marriage, according to lawe. Any three of the coinissioners haue also power to receive in all such persons living w"'in our Ijne as betweene this present tjme & the last of September shall come in by theire voluntary subscriptions : our meaning is, that they should not be barred from having the priviledges that theire neighbors enjoy by occasion of theire necessary absenc at y" Court.
2. That when County Courts are called, &, through Providence hinder- ing, that there is none of the Asistants present at Yorke or elsewhere, that
THE MASSACHUSETTS BAY IN NEW ENGLAND. 301
the sajd county shall still proceed, & the acts thereof shall be valid not- 1658. w'-standing, the associats of the county, or any three of them at least, being ^^^^^
then present.
3. AVcc doe order, that the associats chosen for this county, or any three of them, shall haue full power (w'^out a jury) to try any such civill actions as shall not exceed the value of sixty pounds.
4. Itt is licreby ordered for the easing of charges & trouble in this county, being so remote from the excersise of authoritje in some considerable cases, that the three comissioners, or more, in each toune in this county, shall haue full power to graunt letters of administration, to receave probats of wills, to order such estates as County Courts haue power to doe in the like cases ; provided, when any such acts are putt forth by the three coinissioners of Scar- borough & Falmouth, M"^ Henry Jocelyn or W Robert Jordan are to be one of the three ; for Saco & Cape Porpus, Capt Nicholas Shapleigh to be one ; for Wells, M-- Abraham Preble to be one. Wee doe likewise graunt the toune comissioners of Yorke and Kittery to haue the same power therein ; and those particcular gen'°, M^ Henry Joselyn, M' Robert Jordan, Cap? Nicholas Shapleigh, M' Edward Rushworth, or M' Abraham Preble, or either of them, shall haue magistratticall power throughout the whole county of Yorkshire for this yeare eusmng, vntill others are chosen & sworne in theire places ; and the County Courts from tjme to tjme haue power to graunt & renew licenses for ordinarys for selhng of wine & strong water, & for keeping of houses of enter- tajnment, according to lawe.
5. And whereas henceforth there will be neede of more associats for County Courts then formerly, Avee doe giue power & order, that there shall be fiue chosen yearely, whereas there were but three before, and that they may keepe a County Court at Saco or Scarborough, as at Yorke, in the moneth of September yerely, provided that the day and place be agreed on vnder the hand of three of the associates at least, signified to the recorder of the county, so that he may giue due notice thereof vnto the seucrall tounes sixe weekes before the sajd Coiu-t at the least.
Signed, SAMUELL SYMONDS,
THO: WIGGIN, EDW: RISHWORTH.
The Court, having pvsed this retourne of the coinissioners appointed to setle y^ gouernment in y" eastern parts, doe approove thereof, & thankefuUy accept theire pajnes & endeavors therein, & order it shall be recorded, & the
VOL. IV. PART I. 46
THE IIECOIIDS OF THE COLONY OF
1658.
19 October.
[*298.]
Courts judg- ment in New- bury case ag' Jn<* Emcrys.
Courts judg- ment in Capt. Clarke & M' Hutchinsons case.
Courts confir- mation of the councills acts in referenc to y colledg, itu.
Courts ans' on M' Elljotts peticon refer- ring to M' Pradstreets farnie, &c.
bill of charges, w* is on file, & amounts to forty fewer pounds fourteene shil- lings & eight pence, be sattisfied by the Tresurer.
*The Court, having heard the case relating to the military company peti- con of Newbury, preferrd by Jn" Emory, Sen, who, w"" his sonnes, John Emery, Jun, & Jn° Webster & Soloman Keyes, haue binn so busy & forward to disturbe the peace of the place by tlieirc actings in seuerall respect, & occationed much trouble to this Court in refference thereto, judg it meete to order that the sajd John Emery, Sen, Jn" Emery, Juil, Jn° Webster, & Solomon Keyes be seucrally admonished to beware of the like sinfull practizes for time to come, w"'' this Court will not beare ; and that they pay the seuerall chardges of theire neighbors the last Court & this, in coming for releife from such vnder courses. Costs allowed in all was fower pounds eight shillings, &: ffees.
In ans'' to the peticon of Capt Thomas Clarke, humbly desiring that the case betweene INI"^ Richard Hutchinson & himself, he hauing obtayned judgment ag' the sajd Hutchinson in the County Court of Boston, Julij last, ■^ych judgment was reucrsed by the last Court of Asistants, might be heard, &(3, the Court graunts his request, and after a full hearing of the evidences produced in both Courts, together w"" what the partjes could say, the Court found for the plaintlfFe, Capt Clarke, the whole some mentioned in the ver- dict of y"^ jury in the County Court.
The Court, having pervsed & considered of seuerall letters & a coiiiission written &-sigued to M"' Nathaniell Bacon, Herbert Pelham, Rich Saltonstall, Henry Ashurst, Es^J, W W" Hooke, M'' Jn° Knowles, & M"' Thomas Allen, ministers of y' gospell, &c', by the counsell, doe approove thereof, and ordered a letter to be wrote to Richard Saltonstall, Es^, from this Court, signifying theire acceptanc & allowance of the councills acts, w* are in y' councills booke at large.
In ans"' to the peticon of M' John Elljott, on behalfe of the poore In- dians at Naticke, humbly desiring that M"^ Bradstreetes farme, lately lajd out to theire pjudice, may be considered, & themselves releived, and that a coiaittee be appointed to finish the laying out of the Indian plantacon at Naticke bounds, — in referenc to M' Bradstreets farme, the Court, vpon what hath binn alleadged & testified by M"^ Jackson & Left Fisher, judg the sajd fiarme to be orderly lajd out, and doe further order, that Majo' Atherton, Capt Lusher, Leftenn' Clap, Deacon W'" Parks, or any two of them, be a comittee impowercd to lay out convenient bounds to Naticke, out of the coiiion lands adjoyning, and are also desired to treate with Dedham, and compound w"' them for such lands as lye adjoyning to y'^ sajd place, & seemed to be ueces-
THE MASSACHUSETTS BAY IN NEW ENGLAND. 36,3
sary for the Indians, and make retourne to the next Court, provided the coim- 16 58- try be put to no chardg of stocke thereby. "^^ y '
19 October.
Wliipsufferage, IQ'" June, 1658.
Tlie coiliittee appointed by the Generall Court to lay out a plantation of Whipsuffcr.-ige sixe thousand acres to the Indians at the aboue named place, hauing: given M'^ ^ T ,
^ ° " Indian planta-
Elliott a meeting there, and duly weighed all his exceptions (in behalfe of the tion. Indians) against what hath binn formerly acted & retourned vnto the Court, doe judg meete, in way of compljanc, that the bounds of the Indian plantation be cnlardged vnto the most westerly part of the fence that now standeth on the west side of theire planting hill, called Ognoiukongquamcscit, and from thence to be continewed on a direct north lyne vntill they haue theire full quantitje of sixe thousand acres ; the bounds of theire plantation in all other respects wee judge meete that they stand as in our former retourne, and that theire full complement of meadow by Court graunt be exactly measured out by an *artist [*299.] w"'in the Ijmitts of the aboucsajd Ijnes, when the Indians, or any in theire behalfe, are willing to be at the chardge thereof, provided alwajes that the In- dians may haue no power to make sale or alienation of all or any part of theire aboue sajd graunt otherwise then by the consent & approbation of the honored Generall Court, and that when any sale shall happen, the plantacon of English there setled may haue the first tender thereof from the Court, the w'''' caution wee the rather incert because not only a considerable part of the neerest & best of the planting land is heereby taken from the English, but (also as wee Vide pa. 225. are informed) this north Ijne will take into the Indian bound the neerest and most considerable meadow, by estimation about one hundi-ed acres, in our place, Vf'^^ tendeth greately to the pjudice of the English plantacon, especially if in case to any other purpose then the ends proposed for the accomodation of the Indians, they should be deprived thereof
ELIAZER LUSHER, EDWARD JACKSON, EPHRAIM CHILD, THO: DANFORTH.
This retourne is accepted & allowed of by the whole Court.
This Court is dissolved.
364 THE RECORDS OF THE COLONY OP
1659. Att a Generall Court of Election, held at Boston, IP of May
1659.
11 May.
was chosen Assistants & tooke all y"'"' oaths, ex' Cap? Gookln. ^ Majo'' Gen & Comissioner for Vnited Col- lonyes.
in reserve. Tresurer.
JN° ENDECOTT, Es^), was chosen Govem% & tooke his oath. Kich Bellingham, Esqp, was chosen Dep* Govern^ & tooke his oath. M"" Symon Bradstreete, & I Comissioner for United Collonjes. M"^ Samuell Symonds, Capt Thomas Wiggins, Cap? Daniell Gookin, Majo'' Daniell Dennison, & Majo"^ Symon Willard, Majo'' Humphrey Atlicrton, M-- Rich Russell, & M'' Tho Danforth. j
M"^ Edw Rawson was chosen Secretaiy. Majo"^ Hauthorne in reserve for y" collonys.
Deputjes retourned from y* seuerall tonnes to serve at this General! Court were, —
Salem : Maj: W"" Hauthorne, M"^ W'" Browne. Charls Toune : Capt Frauncis Norton, Left Rich Sprauge. Dorchester : Left Roger Clapp, Ensigne Hopestill Foster. • Boston : Capt Tho Savage, M'' Anthony Stoddard. Roxbuiy : W Jn° Johnson, M"^ W"" Parks. Water Toune : M^ Eplu-ajm Child, M"^ Charles Chadwicke. Lynn : Capt Tho Marshall.
Cambridg : M"^ Edw Collins, M"^ Edward Oakes at 2^ sessions. Ipswich : Left Jn° Apleton, M'' Georg Giddings. Neubui-y : M' Edward Woodman. Weimouth : John Rogers.
Hingham: Capt Joshua Hubbard, M' Jeremiah Houchin, & M"" Jn° Beales for 2^ sessions.
Concord : Thomas Brookes. Dedham : Capt Eliazer Lusher. Springfeild : Cap? John Pinchon. Salisbiuy : Lef? Rofct Pike. Hampton : Lef? Christopher Hussye.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 365
11 May.
Kowley : Maximillian Jewett. ^___.
Braintry : M' Samuell Basse. Douer : Cap? Rich Waldern. Woobomne : Cap? Edwaid Johnson. Meadfeild : Henry Addams. Kittery : M'' Humphrey Chadbourne. Scarborough : M'' Edward Rushworth. Saco : Robert Booth.
Cap? Thomas Savage was chosen Speaker for y' sessions, & 2 sessions also.
*For the avoyding of all future inconvenjencjes referring to the setling [*300.] of poore people that may neede releife from the place where they dwell, itt is °^';';^'_''''""S ordered by this Court and the authoritje thereof, that where any person, w'" his family, or in case he hath no family, shall be resident in any toune or peculjar of this jurisdiccon for more then three moneths w«>out notice given to such person or persons by the connstable, or one of the selectmen of the sajd place, or theire order, that the toune is not willing that they should rcmajut- as an inhabitant amongst them, and in case, after such notice given, such person or persons shall notw"'standing remajue in the sajd place, if the selectmen of the sajd place shall not, by way of complaint, petition the next Coimty Court of that shicre for releife in the sajd case, & the same prosecuted to effect, euery such person or persons (as the case may req^uire) shall be provided for & releived, in case of necessity, by the inhabitants of the sajd place where he or she is so found. And it is further ordered, that each County Court shall from tjme to tjme hcare & determine all complaints of this nature, and setle all poore persons, according to directions of this lawe, in any toune or peculiar w"'in this colony, and eueiy such person or persons shall accordingly be entertayned & provided for by the selectmen or connstable of the sajd place, at a toune charge ; and in case any toune or peculjar shall fiude them- selves agreived at such dispose of the County Court, they may appeale to the next Court of Asistants ; and where any person or persons cannot according to this lawe be setled in any toune or peculiar, they shall then be placed in any toune of that county wherein they are found, according as the County Court shall appointe, and theire charges sattisfied vnto them by the county Tresurer.
Whereas, by experience, it is found that great damage is sustejned to the p,°°ns attached estates of soimdiy, whose persons & estates are attached to be responsible in ™''.™°"* ''^' civill actions, by reason that execution is delayed after that judgment is released, &c.
|
366 |
|
1659. |
|
t |
|
11 May. |
[•301.]
Troopers pccn- alty.
County Tres- urers power to sell p'sons fined, &c.
Pouder to be
provided.
Pa?nalty for keeping Christ- mas.
Pcenalty for playing at cards & dice.
THE RECORDS OP THE COLONY OF
graunted, — for redresse whereof, it is ordered by this Court & the authoritje thereof, that henceforth in all civill proceedings, (excepting cases where the defendant is a strainger,) where execution is not taken out and executed w"'iu one moueth after that judgment is graunted, all such attachments, whither on persons or estates, w"" suretjes, shallbe released & voyd in lawe, any lawe, vsage, or custome to the contrary notw"'standing, vnlesse the Court that graunted the judgment shall see cause to give further tjme & respitt of execution in any particcular case.
*In ans'' to the peticon of the officers of the seuerall troopes, it is ordered, that no trooper put off or chainge his horse w"'out leave from his coinauder, vnder the pocnalty of fine pounds ; & that for non appearance on dayes of excer- cise the fine shallbe teun shillings ; and that no trooper, being listed, may at his pleasme disband himself w*out leaue orderly obtayncd from his coiiiander, and retourned by certifficat to the coiuander of the ffoote in the toune to which they belong, vnder pcenalty of such a fine as his cheife officer shall impose, not exceeding fiffty shillings.
Whereas Daniell and Provided Southwicke, sonne & daughter to Law- rence Southwicke, haue binn fyned by the County Courts at Salem & Ipswich, ^tending they haue no estates, resolving not to worke, and others likewise haue binn fyned, & more like to be fyned, for siding w"^ the Quakers &, ab- senting themselves from the publicke ordinances, — in ans' to a quEEstiou, what course shallbe taken for the sattisfaction of the fines, the Court, on pervsall of the lawe, title Arrests, resolve, that the Tresurers of the seuerall countjes are and shall hereby be impowred to sell the sajd persons to any of the English nation at Virginia or Barbadoes.
It is ordered, that the country Tresurer doe provide seven or eight bar- rclls of pouder every yeare out of the custome of wines, or other wajes.
For ^venting disorders arising in seuerall places w"'in this jurisdiccon, by reason of some still observing such fiestiualls as were superstitiously kept in other countrys, to the great dishonnor of God & offence of others, it is therefore ordered by this Court and the authority thereof, that whosoeuer shall be found observing any such day as Christmas or the like, either by for- bearing of labour, feasting, or any other way, vpon any such accounts as afore- sajd, euery such person so offending shall pay for eueiy such offence fine shil- lings, as a fine to the county. And whereas, not only at such tjmes, but at seuerall other tjmes also, it is a custome too frequent in many places to ex- pend time in vnlawfull games, as cards, dice, &c^, it is therefore further or- dered, and by this Court declared, that, after publication hereof, whosoeuer shall be found in any place w^in this jurisdiccSn playing either at cai'ds or at
THE MAlSSACHUSETTrf BAY IN NEW ENGLAND. 367
dice, contrary to this order, shall pay as a fine to the county the soiiie of fine 1 G 5 9. shillings for eQy such offence. "<
Itt is ordered, that Lawrence Southwicke, Cassandra, his wife, Samuell „ . , Shattock, Nicholas Phelps, Joshua Bufflim, & Josiah Southwicke hereby arc "f Qu.ikers
of ya jnrisdic-
sentenced, according to the order of the Generall Court in October last, to c,m, &beco-' bannishment, to depart out of this jurisdiction by the eighth of June next, on "". '^ « cosa payne of death ; and if any of them, after the sajd *eighth day of June next, [*302.'| shall be found w"'iu this jurisdiccon, they shall ^ ap^hended by any conn- stuble or other officer, there to lye till the next Court of Asistants, where they shall be trjed, & being found guilty of the breach of this lawe, shall be put to death.
Vpon information given to this Court of great damage accruing both to mer- Salt to be chants & others, by reason no meete persons are appointed to measure salt from such shipps as arrive in our seuerall harbours, this Court doth therefore order & enact, that there shall be in euery marityne toune w'^'in this jurisdiction one meete person appointed by the toune from tjmc to tjme, who shall diligently attend this service vpon due notice given by either party concerned therein, & the same truly & faithfully to discliardg ; for which he shall be allowed tliree halfe pence for euery hogshead, the one halfe to be pajd by the buyer, the other halfe by the seller ; & what master of shipps or other vessell, or mar- chant, shall faile in the observation of this order, he or they shall forfeict to the conntrje two shillings for euery toune so disposed of, vnlesse the partjes shall otherwise agree.
Whereas, in the order directing for the making of the country levy, ewes Prize of ewe are to be valued at twenty fine shillings apeece, which is farre aboue theire ^ J'j^Jtg" '^°"" true worth, it is therefore ordered & hereby declared, that henceforth all ewes shall be valued, in making the country rate, only at fifteene shillings a peece, any lawe ^ custome to the contrary notw^'standing.
This Court, taking into theire serjous consideration the present vnsetled Day of hunuli- estate & condicon of our brethren in our native countrje, by coiuotions & great thoughts of heart, both in countrje »& Parljament, now assembled, a good issue whereof doth wholly depend vpon the Lords favor & goodnes towards tliem, as also the Lords frownes vpon ourselves by the irreparable rents & divissions in sundry churches, the great security & sensuallity vnder oiu- present in- joyments, the sad face on the rising generation, together w* threats of future evills in this present spring season, all w"*" are signes of the Lords displeasiu'e for our w"'drawing from him, doe therefore coinend the 15"^ day of June next to be kept by all the people of this jurisdiccon a solemne day of humiliation for the imploring of Gods favorable presence yett to abide w"" our dcare natiue
368 THE RECOKDS OF THE COLONY OF
16 5 9. country, & w"' vs his poore people & churches iu the ends of the earth, & "^ '' w"* our seede after vs. . ^. , There is a farme siraunted to a particcular person some yeares asfon. This
A quccstion de- ~ r i j o
sired to be re- ffiuine, after pajnes, travell, & cost, is layd out betweeuc two tounes, fFarre off
solved by y" ,
Court in reffer- from either of them. The graimtee being encouraged by the neerest neigh- arme. -^^^.^ ^^ £j.gg from either tounes wherevfjon the sajd fiirme is lajd out, & pos- session taken, retoumed into this Court, & confirmed as appearetli vpon. Now, after the neglect of twelve or sixteene yeares, this last winter one of the sajd tounes caused theire Ijne, by a compasse, to be actually marked out, it being agreed many yeares agonne by coiiiissioners vpon what points of the compasse it should runne, and by this act they haue taken into theire toune- ship much of this farme. Now, the quaestion is, to whom the propriety be- longeth of the sajd farme, whither to the toune or to the particcular person. The Court resolved that the propriety of the sajd farme belongeth to the particcular person. [*303.] *Whereas it hath appeared to this Court, that according to a former graunt
orwa uc e ^^ Capt John Cullicke & M"' William Goodwyn, in behalfe of themselves and
plantation to ^ ^ j ^
be lajd out. ffieinds that desired to remoove into our colony, they haue begunne to remoove
28: 3 mo., 59. ^.^ in, n c -i- i i ' i • • i
to JN orwoottucke w"* seuerall lamiljes, and made some begnnng on the east
side the riuer in order to a plantacon, and that there are many desirable
psons hauing a pastor w"" his church engaged to goe along w''' them, w***
another who may in tjme be joyned to that church for theire further helpe in
the worke of the ministry, whereby they are enabled not only to carry on a
toune, but church worke also, — this Court, being willing to remoove all
obstacles out of theire way, and finding the people so many and considerable
Vide pa. 374, that haue engaged, w"' seuerall others that would engage if there might be en- 723
couragement found there for them, doe order, that these persons fFollowing,viz., Capt Pinchon, Left Holyhoke, Deacon Chapin, Willjam Holtou, & Eichard Lyman, shall be a coiiiittee fully impowered by this Court to lay out the boimds of the toune at Norwottocke, on either or both sides the riuer as they shall see cause, so as shall be most suitable for the chohabitation and full supply of those people, that this wildernes may be populated and the majne ends of our coming into these parts may be promoted. Voted by the whole Court mett together. Boston corpo- In ans' to the request of the toune of Boston, referring to a corporation,
the Coiut judgoth it meete to graunt them liberty to consult and advise amongst themselves what may be necessary for such an end, and the same to drawe vp into a forme, & present the same to the next session, to be allowed if they shall sec cause.
ration.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 369
In ans' to the peticon of Edmond Rice, the Coiu-t judgeth it meete to 16 59. graunt his request, viz., a parcell of meadow ahout thirty acres, & a parcell '^^^^ of vpland about fiffty acres, both parcells not exceeding eighty acres, as it j^^^, ^^ j,^. lyeth on the south side of the path that leadeth from Sudbury to Conecticot, -^.f^-^^'^ about six miles from Sudbury, & order Ensigne Nojes & John Stone to lay
it out vnto him.
In ans- to the peticon of W" Russell, humbly desiring the remittment Ans-toW-
ill """ 1 o T Russells peti-
of those fines the law imposeth on him for his selling strong waters & trading j„„. for furrs, the Court, being informed of the ingenuitje of the offender in his ready acknowledgment of his offenc, & that he did ignorantly, judge meete to remitt the fines imposed to sixe pounds, & order the strong waters to be re- tourned to the peticoner, & the beaver to the Indian.
The Court, being sattisfied of the reality of the sale of a parcell of land Ans-^to Tho. mentioned in a draught of a bill of sale presented to this Court, & is on file, pe'LTn. doc judge meete to impower Mary Glouer, the administratrix & reUct of M' Nath Glouer, to make & signe a legal deede & conveyance of the sajd land vnto Thomas Dauenport, his heires & assignes.
In ans' to the request of y^ troopers lately raised in y^ countys of Essex, Edw.Hutchm-
_, son capt. of a
Suffoxke, & Midlesex, for y« Courts confirmation of theire officers, the Court troope of horse. judgeth it meete to allowe & confii-me Edward Hutchinson to be theire
captajne.
In ans^ to the peticon of Thomas Brakett, of Salem, humbly acknowledg-, ^-'^t;^Brock- ing his being di-awne away by those called Quakers from the good ordinances of God here estabUshed, & to too often to meete & joyn w'^ those ill affected persons, to y" dishonnor of God, troubled this comonweaUh, & wound & greife to his wife, family, & conscienc, for w^" he desires to be humbled, the Court, on his request, judgeth it meete to abate the peticoner the one halfe of his fine, & referr the other halfe to the consideration of the next County Court
at Salem.
*The buisnes respecting M^ Edward Lane & ]\I™ Anna Keajne, Sen, being [*304.] referd to the consideration of a co.nittee, to be indifferently chosen by them- ^!^J^^ selves, W^" M" Keayne, Sen, not consenting to, the Court judged it meete to Keaj-ne. proceede to nominate the sajd coiulttce, & doe appoint M' Richard Russell, M^ Edward Collins, Capt Eliazer Lusher, Capt Thomas Clarke, & Capt W- Dauis a coinittce to act in the case, according to the Coiuts order & instrucoons, w^h is as foil: Instructions from the Generall Court to the gen"' appointed to act as a coralttee in the case depending betweene W Edward Lane & M" Anna Keayne, Sen, of Boston, as follows : Yow, or the major part of yow, are hereby authorized and impowered by this Court to assemble y^selves together
VOL. IV. PART I. 47
370
THE REOOKDS OP THE COLONY OP
28 May.
1659. at Boston the twentieth day of July next, then & there to consider of all such things as shall be necessaiy for the dischardge of the trust comitted to yow by the Court, referring to the case aboue mentioned, viz', to call for Capt Robert Keaynes will & inventory, together w"» what writtings, contracts, evidences, &<3, haue from tjme to tjnie binn made betweene the partjes aforesajd, as also by warrant, if neede if necde be, to call for both parties, & such wittnesses as cann testify in the case, & the sajd wittnesses to examine, vpon oath, in any thing w"'' yow shall see necessary herein, & to yo'' vttermost power & endcav- o''s to make a loving & amicable agreement, if it may be, to mutual sattis- faction of the sajd M'' Lane & M'* Anna Keajne, thereby to prevent further trouble to this Court, or, if otherwise, to prepare the case, so farre as yow cann, for a further hearing, & to make a true representation of the same to y"" next session of this Court.
Marshall WajtesSOO ac's layd out.
M' Russells 600 ac'8 lajd out.
Decemtj, 1658.
Layd out vnto Richard Wajte, marshall, three hundred acres of land in
the wildernes, betweene Chochittuate & Nipnop, in manner following, viz',
there being a necke of land about two hundred & t'i'lenty acres, more or lesse,
& is surrounded w"' Sudbury Riuer, a great pond, & a smale brooke that
runneth from the sajd pond into the riuer, & from the southerly end of the
sajd pond, runing to the riuer againe by a westerly Ijne, according to marked
trees, & on the westerly side of Sudbury Riuer to extend his bounds from the
sajd riuer, twenty pole in breadth, so farre in length as his land Ijeth against
the sajd riuer ; also, on the northerly & north east of the sajd brooke & pond
he hath fine patches of meadow, contejiiing about twenty acres, more or
lesse, being all surrounded with wildernes land ; also, on the north east side
of Washakam Ponds he hath sixty acres, being bounded w"* the sajd pond on
the southwest, and an Indian bridge on the east, & elswhere, by marked trees,
the wildernes siuTounding. By order of the General Court, held at Boston,
October 20'", 1658.
THOMAS DANFORTH,
ANDREW BELCHAR.
The Court alloweth & approweth of this retourne.
The 6"> of May, 1659. Lajd out vnto M'' Richard Russell, Tresurer, flue hundred acres of land, lying in the wildernes, vpon both sides of the path that leadeth from Siidbury toward Nipnop, & is bounded ou the north east w"^ Washakam Pond and a swampe adjoyning thereto, and on the west by a marked tree, & the west side of an ashen swampe, and on the south with the vpland adjoyning to the
THE MASSACHUSETTS BAY IN NEW ENGLAND. 37X
southerly or southwest point of that meadow w'^'' Ijcth on the westerly side of the aforcsajd meadow, and on the north, extending on the north side of the aforesajd path, and is surrounded w"^ the midcrncs.
EDMOND RICE, THO: NOJES.
The Court allowes & approoves of this retourne.
*In ans' to the peticon of Samuell GofFe, the Court judgeth it meete to [*305.] referre the examination of the case, according to lawe, to the next County Ans- to Sam. Court, to he held in Midlesex, that dew notice be giuen for that end to the ° ^^ ''^'"'°"' pai-tjes concerned.
Whereas the Geuerall Court, in October last, for the reasons mentioned in Brends censure the order then made, for the preventing of those evills which the cursed "^ ''^"'''''""''t- Quakers in theire principles & practises are apt to produce in those places where they come, did order, y' all such persons (not being of the inhabitants of this jurisdiccon) that are of the cursed sect of the Quakers, who haue at any time suffered what the lawes of this jurisdiccon from tjme to tjme haue provided ag' such persons againe ariving in. any parte of this jurisdiccon, should be seazed on & coiuitted to close prison, there to continew till the next Court of Asistauts, when he or they shall be sentenced to banishment, on pajne of death. And whereas W" Brend, a knoune Quaker, that hath formerly suffered the lawe, hath, notw'hstanding the aboue mentioned lawes, come into this jurisdiccon, being sent to prison & appearing before the Court, acknowl- edged himself to be one of those the world, in scorue, called Quakers, this Court doth therefore order, that the sajd W™ Brend be comitted to prison, there to remajne till the sixteenth of this instant May, & then be dischardged the prison, & shall depart tliis jurisdiccon, on pajne of death, and that if after the eighteenth- of this instant May he shall be found w'^in any part of this jurisdiccon, he shall be app>hended & coiuitted to prison till he be proceeded w"" accordin2: to lawe.
In ans'' to the petition of Robert Locke, humbly craning the remittment Ans' to M' of a fine of tenn pounds imposed on him by the County Court at Boston for ^""^^ ^®"°' throwing ballast oner board in the channell, w"^"^ was donne by his men con- trary to his comand, &S, the Court, finding that allegations of the peticoner is reall, as appeares by proofe, judge meete to abat the peticoner eight pounds of his sajd fine.
In ans' to the petition of Benjamin Gillham, humbly craving the favo"" Ans' to Benj. of this Court that his wife might be borne w^all respecting hir absenting hii- ?'"'"^ ^^^' self from y" publicke assembly s, &6, being otherwise peaceable, &d, the Court
372
THE RECORDS OF THE COLONY OP
Ans' to Sher- man & Win- colls peticon.
Courts ans' to Northampton peticons.
judgeth it not meete to graunt his request, but doe order, y* for tjme to come wheneuer the peticoner shall make it evident by good proofe y' by weaknes of body, or other sufficjent reasons, to the County Court, that his wife could not come to the ordjuances, the County Court, they doubt not, are & will be ready (w"^"^ is the mindc of this Coui-t they should so firre) to free the petitioner from mulcts in such kind & case.
In answer to the peticon of John Sherman & John Wincoll, guardians to John Fleming, the Court judgeth it not meete to alter the act of the Coun- ty Court in referenc to the divission of the sajd Flemings fathers estate.
In ans'' to the peticons of the inhabitants of Northampton, this Court doth order, that Willjam Holton, Arthur Willjams, & Richard Lyman to end smale causes there for a yeare, and that Joseph Parsons & Thomas Roote, joyned w* them, be theire select men, and that James Bridgman be connsta- ble ; and for that part of theire petition desiring the encouragement of M' Mather, the Court declares themselves ready to consider of what they shall ppound ; and in relation to theire carrying on the duty of the Saboath in M' Mathers absenc, wherein the doe so much disagree, that though in some cases private men may excercise theire guifts, where there are such as are knoune, able, approoved, & Orthodoxe, yet for present, as things as are circumstanced w"* them, the Court judgeth it theire best, safest, & most peaceable way, in the ab- sence of theire minister, to assemble all at one place, & to spend the Saboath together, besides praying & singing, in reading & repeating of knoune godly, Orthodoxe bookes & sermons.
[*306.]
Cap' Daven- ports farrae lajd out.
*The bounds of Richard Davenporte his farme.
Lajd out in the yeare sixteene hundred fifty & eight, according to the order & graunt of the Generall Co art of the ilassachusetts in America, being measured in the presence of the comittee, John Prescot & Jonas Fairebancks, in manner following : First, begining at a great white oake, being in the south Ijne of Lancaster bounds, -w"^^ sajd oake being three quarters of one mile & forty perches to the eastward of Lancaster, southwest angle, runing, wee say, vpon a west northwest pointe, one hundred & seventy rods, then making an angle runing vpon a west & be north point one mile one quarter and sev- enty fine rods, there making a right angle, passing ouer the riuer, runing a Ijne fiffty rods in length, there making an angle & ruiiing south east & by south one mile & one bundred & twenty rod, there making an angle at a great pine tree, & ruiiing from thence north east & be east one mile & eighty rods, w'^'' Ijne periods at the white oake where wee first beganne, all w'''' Ijnes so draune out conteines sixe hundred acres ; and also layd out flEffty acres more.
THE MASSACUUSETTS BAY IN NEW ENGLAND, 373
TV*'' sajd fiffty acres is part of the farme grauntecl to Cap? Davenport, & lycth 165 9. a mile distant £i-om the northwest angle of the aforeSd farme. " ' ""
28 May.
JOHN PEESCOTT, JONAS FAIEEBANCKS.
The Court approoves of this retoume.
Whereas retourne was made to this Court by M' Ephraim Child, M'' Courts mind Edw Oake, & Robert Hale, in relation to y« composing y^ differenc at Woo- johiisoir& borne betweene Capt Edw Johnson, Ensigne Carter, Tho Dutton, &c, ab'land Ensign Carter Vi'^^ is on file, this Court, on pervsall thereof, judge meete ^ the determination of that buisnes, together w"' the chardges, to the coiiiittee againe.
In ans' to the peticon of John Cheekly, attourney to Thomas Ancor, & Ans' to Chock- James Neighbor, & John Andrews, coop"'s, assignes vnto George Palmer, hum- p^t-jon'^ bly craving, that having obtajned seuerall judgments agt the estate of the late Walter Meri-y, wliich being extended on a house, the sajd house may be aequally valued or sold at an outcrje, that so they may haue theire due debts, the Court judgeth it meete, that the peticoners doe attend a legall proceeding for the issue of theire respective cases menconed in theire petition.
Layd out vnto the honnored Goflno"^, John Endecott, Esq^, fiue hundred & 2J (2), 1659. fifty acres of laud on Ipswich Riuer, and is bounded w"^ a brooke anent Goodma , °', "^'''* •"^™''
^ r ' lajd out & al-
Goolds land on the east. Blind Hole on south, and the wildernes else where lowed, sxu'rounding the sajd farme, taking into the bounds thereof the swampy (jj^ ^j j^^^ meadow land that Ijeth on the south side of the riuer. of lands.
By order of the Generall Court.
THO: DANFORTH, ROBERT PIALE.
The Court approoves of the retourne of these coiiilssiouers.
Itt is ordered, that Capt Thomas Sauage, Capt Frauncis Norton, & M' Comittee to Anthony Stoddard be & hereby are appointed a comittee to take the Tresurers u,sacco' acco' sometjmes betweene this & the next session of this Court, & to make theire i-etourne to this Court in October next.
Wee, whose names are vnder written, being appointed by y° Generall Bounds of Court to pitch & lay out the dividing Ijne betweene the tounes of Yorke & -^y^.y^ Wells from a marked tree formerly marked by mutuall consent of both tounes, & according to our power given vs, haue determined as followeth : to say, the dividing Ijne shall runne betweene the two aforesajd tounes from the abouesajd
374 THE KECORDS OF THE COLONY OF
marked tree vp into the countrje, on a streight Ijne vnto the south west side of certajne marshes coiuonly called Totneck Marshes, directly against the a certajne rocke on the north east side of the sajd marshes, deviding the tounes of Kittery & Wells. Dated y" 27"^ (1) &, 58, 59.
NICHO: SHAPLEIGH, BRJAN PENDLETON,
marke
NICCOLAS INF FROSTE.
The Court allows of this retourne.
[*307.] ■ *In ans"' to the petition of Capt W"" Hauthorne, Capt Tho Sauage, M"" W" Newpiantacon Payne, M"' W™ Brounc, Capt Tho Clarke, Capt Frauncis Norton, Capt John
to Cap' Hau- thorne, Pinchon, M' George Corwin, M' John Richards, JSI"- Tho Lake, & M"^ Walter
auage, c. Pj-Jcg^ i\iq Court judgeth it meete to graunt them a plantation of tenn miles
square, about forty or fiffty miles from Springfeild to the westward, about
two thirds of the way to Fort Awrania, so as they beginne it in eighteene
moneths.
Ans'to In ans'^ to the peticon of the selectmen of Chelmsford, the Court judgeth
e ms or . g (^ j order that the selectmen of Chelmsford, together w"' those y'
peticon ab' y« ' o j
bridge. couenantcd to build the bridge, doe forthwith take speedy & effectuall care for
repajring & finishing of the sajd bridge, and that they present a bill of chardg
for the same to the next Court of y' shcire, who are to examine the cause of
the damage susteined, & levy the same according as they shall finde to be just
& aequall, and to take further order in y'' case as they shall finde needfull.
FurbursbiUof W™ Furbur, plaintifFe, ag' John Garland, defendant, in an accon that by
course of lawe came to this Court, the ]\Iagis'^ not agreeing to the verdict of
the jury at Salisbury Court, y^ sajd Furber appearing, & Garland, being three
tjmes called, not appearing, the Court graunted the sajd Furburs bill of costs,
i. e., forty sixe shillings.
Godfrys bill of In the action brought to this Court from the County Court at Salisbury
costs, 3" U" 8. jj_^jg |,^g|. ^pj.^^ betweene John Godfry, plaintiflTe, and Abraham Whittacre,
defendant, on the Courts pervsall & consideration of the evidences produced
in the case, the Court reuerced the virdict of the jury at Salisbury Courts
case, & find for the plaintiffe costs of Court three pounds eleven shillings &
eight pence.
M' Webbs bill In the action brought to this Court by Samucll Archard, John Hauthorne,
of costs, 2". ^ Samuel Bennct, plaintiffs, ag' Henry Webb, defendant, the Court, on
pervsall & examinati of the evidences produced on both sides, doe finde for
the defendant costs of Court, i. e., forty shillings.
THE MASSACHUSETTS UAY IN NEW ENGLAND. 375
III the case bctwccne M'' Stoddard and M'' Symon Bradstreete, the Court, 1 G 5 9. on pvsall & due consideration of all the evidences produced in the case, finds " "^ for the defendant, and order M"" Stoddard to pay as charges for y" magis" Courts iudg« hearing the case sixteene shillings & sixpenc, & as chardges for the deputies oil '" *^' ^'°*' pounds thirteenc shillings. Bradstreet
The Court, on hearing the case coiTiendcd to this Court by the County „. ,' „ . ,
' " .'J Rich. Smith
Court of Cambridge for the setlemcnt of Richard Smith & his wife, on a full soiled an in- habitant of hearing of tlie case, order, that Maulden beare the chardg of Eichard Smith Boston.
& his wife for the tjnie past, and that the sajd Smith and his wife belong to
Boston.
In ans' to the peticou of the inhabitants of the Isle of Shoales, the Court Ans' to isle of doc not judge the persons petitioning to be in a capacity at present to make a -^^' touneshipp.
In ans"" to the pcticon of Capt Thomas Sauage, Lef ? Peter Oliuer, Capt Courts praunt James Oliuer, Capt James Johnson, Left W" Hudson, M' Jeremiah Houchin, saua"e° L ^^ and Ensigne John Euered, humbly desiring the favor of this Court to graunt *-"'^''' ^^p'
OliQ, Jolm-
vnto them mcete ffarmes, the Court judgeth it meete to graunt the peticoners son, Hudson, two hundred & fifty acres of land a peece, on condition that they observe the '
order propounded for the regulating in the laying out of all future graunts, that so places fitt for touncshipps be not vtterly spoyled, to the great damage of this coinon-wealth.
The Court also judgeth it meete to graunt to Cap? W™ Dauis, Capt Courts graunt Eliazer Lusher, Capt Frauncis Norton, & Cap? Isack Johnson two hundred -j^g^^g^^ Lush'- and fifty acres apeece, on the same termes as was graunted to Capt Sauage, '^'■' ^ Johnson. Oliuer, &6.
*Iii answer to the request of the inhabitants of Saco,that those coiiiission- [*o08.] ers w* are appointed to lay out the dividing lyne betweene Saco & Scar- Coiuittoe to lay
out y head Ijne
borough may also haue power to runne the west lyne betwixt Saco & Cape of saco, &c. Porpus, & to lay out the head Ijne of Saco, as they shall see most convenjent, & make retourne thereof to the next Generall Court, the Court graunts theire request.
In ans'' to the request of the toune of Salem, the Court doe judge it Major Hau- meete to impower Major W" Hauthorne in the toune where he dwells to act ^ "■'"^^P""^
in all criminall cases, binding ouer oflendo''s, giving oathes in ciuill cases, & criminaii cases,
. . . . , &^-
solemnizing marriages, as any one magistrate may doe, and this power to
continew vntill the next Court of Election. M' Danforth to
T 1 ■ i»T-i'ii-r»iTi -^-'-^• rr runne Salem
In ans'' to the motion 01 Kichard Bellingham, Esq), in rettercnce to a ly^^e referring farme of seven hundred acres, graunted him neere t^^•enty yeares a2:on, and '" ^" ^''^■
' ° J J o ' e^a Belling-
lajd out, as he a^hend, by ]\Iajo"" Hauthorne & Capt Daucnport, & retourned hams meadow.
376
THE EECORDS OF THE COLONY OF
Major Gen. Dennisons power to lay out his farme, &c.
Andrew Bel- char & Jn° Stone to lay out P^side' Chaunceys 500 acres.
Frauncis Smith fined 2:>.
Courts order relative to En- si2:ne Sherman,
M' Tho. Dan- forth & An- drew Belchar to lay out M' Pelharas 40D acres.
Ans' to inhab- itants of Basse Kiuer peticon.
[*309.]
Courts ans' to
Braintry
peticon.
on record, since w'"'' time the tonne of Salem haue taken a parcel! of meadow w'^'' was in pticular belonging to the same farme, pretending the sajd meadow to be w"^in sixe miles of Salem meeting house, north west from Salem, this Court judgeth it meete to appointe & desire M' Thomas Danforth to measure the sajd sixe miles, giving notice to the connstables of Salem, & to make re- tourne to y^ Court.
Itt is ordered, that the Deputy Gouerno'" shall procure INI' Danforths & !Majo'' Hauthorne, Capt Dauenport, or anj^ two of them, to lay out his farme of seven hundred acres on the head of Salem bounds before the end of the fowerth moneth next, w'''' if he shall oraitt to doe, it shall be lawfull for the majo'' generall to lay out his farme w"'out any further dependance vpon the laying out of the deputys farme.
In ans"^ to the request of M"' Charles Chauncey, the Court judgeth it meete to order & impower Andrew Belchar & John Stone to lay out fine hundred acres of land only, as relates to y* Courts graunts to y' sajd M' Chauncey. .
Frauncis Smith, for his contemptuous & false speech in the Generall Court, is sentenced to be sett in the stockes by y" marshall for one whole hower. The Court, on consideration of Frauncis Smiths humble acknowl- edgem' of his sinfuU carriage, judge meet, in steed of the punishment of the stocks, to order y' twenty shillings be taken as a fine, &d.
In refcrenc to y^ retourne of y* County Court at Cambridg, relating to Ensigne Shermans peticon, formerly presented to this Court, this Court judgeth it meete to enable the County Coiu't at Charles Toune next to bring the case to a full issue & determination.
M'' Thomas Danforth & Andrew Belchar are appointed to lay out fower hundred acres of land, formerly graunted to M'' Herbert Pelham for his & M' Walgraues putting in one hundred pounds in y" coiiion stocke on adventure, in any free place betweene Nipnop & Sudbury.
In ans' to the peticon of the inhabitants of y' pt of Salem on the north side the ferry going to Ipswich, humbly desiring to be a touneship of them- selves, &6, the Court doe judge, that the petitionei's should make theire addresse to the toune of Salem in reference to theire requests, and they agree- ing to mutuall satisfaction, this Court will be ready to ans'' their just desires in theire peticon, & orders the toune of Salem to giue the petiConers a speedy meeting to effect the same.
*In ans'' to the peticon of the toune of Braintrje, humbly desiring some releife relating to seQ" persons brought in by the owners of the iron works y' are likely to be chargeable to them, especially in relation to Jn° Frauncis, his
THE MASSACHUSETTS BAY IN NEW ENGLAND. 377
poore condition calling for present releife, &6, this Court referrs this part of 1 G 5 9. theire peticon to the next County Court in Suffolke, where all partjes concerned " ' "^
, ,., 1 . • 1 D • 1 t ■ !• 28 May.
may haue liberty to present theu-e respective pleas & evidenc ; and in rcter- cnc to theire desire of a new plantation, the Court judgeth it meete to graunt them liberty to sceke out a place & presente theire desires, w"" the names of such persons as will engage to carry on such a worke, vnto the next sessions of this Court.
In ans'' to the peticon of Samuel Basse, the toune of Braintrje hauing Ans' to Sam. peticoned for a new plantation, it is ordered, that the peticSner, w"' his sonnes, ^^^ peticon. may haue hberty to joyne w"* those of his neighbors w"'' will carry on such a worke, w"" allowance of one hundred & fifty acres, w^'in the bounds of the sajd plantation, more then his just proportion w"" the rest of his neighbours.
Wee, whose names are heerevnder written, haue, according to the order Courts confir- of Court, dat 24 May, 1655, lajd out for M' Thomas Wiggin two hundred ^^^^^ ^-^ ^^^ acres of land, that is to say, fower score acres of marish, and the rest in *" '^''P' ^'^°-
Wiggin.
vpland against it, all of it lying neare the heade of the little riuer called the Back Riuer. Wittnes our hands this 28* of Aprill, 1659.
EDWARD STARBUCKE, HATEEVILLE NUTTER.
The whole Court mett together allowes & approoues of this retoui'ne.
In ans' to the peticon of Thomas Brigden, humbly desiring the favo' of Ans' to Brig- this Court, that whereas Michaell Carthricke, late of Ipswich, by his last will gaue vnto John, his sonne, all his houses & lands, to enjoy to him & his heires foreuer, as in the sajd will appeares, the sajd John dying after he had attayned the age of twenty yeares, that in right of Mildred, his wife, only sister to the sajd John, by whom the sajd Brigden hath children, he might haue due & just releife, the Court judgeth it meete to order, that Mildred, the only daughter of the sajd Michael Carthrick, & sister & heire to sajd John Carth- ricke, shall haue & enjoy to hir & hir heires for euer all those houses & lands •yych -were by the sajd Michaell Carthricks will giuen & bequeathed to the sajd John, so as the sajd Thomas Brigden, & Mildi-ed, & his wife, pay the widow of the late Carthricke tenn pounds.
In ans'' to the peticon of Lef? Frauncis Johnson, humbly craving the Ans' to Fraun- remittment of a fine imposed on him by the County Court at Salem for selling petiCon. strong licquors, the Court judgeth it meete to remitt the peticoner tenn pounds ^^'^ remitted, of his fine, but doe not think it meete to graunt him liberty to sell strong
VOL. IV. PART I. 48
378 THE RECORDS OF THE COLONY OF
16 59. waters, & do declare, that if lie shall offend in the like manner any more, he
^ ~^ must expect no favo'^. A s' to Bel- ^^ ^^^' ^^ y* peticbn of Jerremiah Belchar, the Court judgeth it meete to
chars peticon, graunt the peticoner three hundred acres of land, to be laid out as it be no
300 ac's g"d on ° ^
condicon. ^judice to any place that is otherwise fitt for a plantacon, but adjoyning to
some plantacon or other.
M- Joyiiffes AVhereas the last ship y* came into this harbo' was consigned to M' John
mault &c. Joyliffe, w*^*" brought twenty seven quarters of mault, on his request, this Coiu-t judgeth it meet to allow the sajd John Joyliffe to laud tenn quarters of the sajd mault, for the shipps provission, & also, on his giving security to double value of the other seventeene q''ters & one half of mault, that he will not sell the same, or any parte thereof, in any part of this jurisdiction, on giving of w'^'' secmity to the Tresurer he hath also liberty to land the sajd seventeene q'ters one halfe of mault to aire, &<?, and to shipp it away to Monhatoes or elswhere out of y' jurisdicon w'Mn this three moneth. [*310.] *In ans' to the petition of M"^ Martha Coggan, humbly craving the
Ans' to M" establishment of the agreement in all respects betweene hir late husband, M"'
Coggaus peti-
cjii. John Coggan, & hirself before hir intermarriage w'** him, as it is signed by
M"^ Nowell, M'' Hibbins, & M' Ting, as it is to the peticbn annexed, and that shee might be impowred, as execcutrixe only to y"^ last will of hir late hus- band, Coggan, out of the remainder of his estate to sell some housing for payment of his just debts, and for the estate y* remajnes, it may, by order of this Court, be setled as neere as may be according to his will, the Covu-t, on pervsall of the coinittees retourne, that gaue optunity to such as were con- cerned to aj)peare & make there due objections, judge meete to graunt hir requests in the sajd peticon in the seuerall parts thereof, provided that the house w'^'' Richard Wooddey alleadgeth is mortgaged be not sold be- fore cleared, if it be not already donne, but other houses or lands that is convenient to be sould may be sold according to the discretion of the execcutrixe. Ans' to Salis- In aus'' to the petition of the inhabitants of the new toune of Salisbury,
touneTpeti- SO Called, the Court judgeth it meete to order, that the proposall signed by M"^ W™ Worcester, tendring his going vp euery foweth Lords day to help them, & y' due pvition be made according to the sajd proposalls, v/"^ are on file, be attended by the church of Sahsbury for the supply both of the old and new toune, as the case may require, and that the one halfe of the fines lajd on the peticoners for non attendance on the publicke ordinances at the old toune be respitted vntlU the next Generall Court.
In ans'' to the petition of the inhabitants of Springfeild, itt is ordered.
con.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 379
that Capt John Pinchon, Lef ? Elitzur Holjocke, and M"" Samuell Chapin, for 1 G 5 9. the yearc ensuing, and vntill the Court shall take further order, sluiU hauc ' '* ' full power & authoritje to gouerne the inhabitants of Springfeild, and to heare . and determine all cases & offences, both civill and criminall, that reach not Courts* life, Ijmbe, or banishment, according to the lawes h^re established ; provided, it shall & maybe lawfull for any party to appeale to the Court of Asistants at Boston, so as they prosecute the same according to the order of this Courte ; provided also, that theu-e trjalls maybe by the oathes of sLxe men, if twelve cannot be had for that service, and that Northampton be referred to Springfeild in referenc to County Courts, vf'^^ Coiuts shall be kept, one on the last Twesday in the first moneth, & the other on the last Twesday in Sep- tember, ycarcly, at Springfeild, vnlesse the coinissioners aforesajd shall sec just cawse to keepe one of them at North Hampton ; and the two Courts to be kept at Springfeild or at North Hampton, as aforesajd, shall in all re- spects haue the power and priviledges of any County Courte till this Court shall see cause otherwise to determine ; provided, they shall not warne aboue fewer jurymen from Northampton to Springfeild or from Springfeild to North- ampton ; and all fines as well as entry of accons shall goe towards the defray- ing of chardges of Courts ; and out of Court the coinissioners, or any two of them, agreeing, may act in all respects as any one magistrate may doe, either at Springfeild or Northampton ; and the coiiiission graiinted last yeere respect- ing Northampton is hereby repealed.
*In ans' to y* peticon of diuerse y" souldiery of Springfeild, the Court [*311.] judgeth it meete to graunt liberty to the coiuission officers of the ffbote company Ans' to y
a • t* •■} M m • • 1 • souldiers of
at Springfeild to allow off & appomt seven or eight persons to serve w"" theire Springfeild horse, they being compleately fitted w"' horse & furnished according as the P'''^'"'"- law requires of such as are troopers, & being so fitted, not to be required to excercise w"" y" company on foote, but in all other respects to be vnder the comand of the coinission officers of foote.
There being a coinission graunted to Cap? John Pinchon, Lef ? Holiocke, Coiuissioiiers & M' Samuell Chapin, of Springfeild, for the administration of justice there, oath's power allowing them the power of a County Court, &6, as by the sajd coinission more ^° marry, &c. fully appeares, it is therefore ordered, that the sajd Captaine Pinchon, be- fore he depart, take an oath for the faithfuU dischardge of liis sajd coinission, & be impowred to giue oath to the other two coinissioners, the oath to be the same ^v"^ was appointed by this Court in October, 1652 ; and that M' Pinchon be impowred to solemnize marriages. Y' sajd M"" Pinchon tooke his oath in open Court accordingly.
In ans' to the peticon of the inhabitants of Meadfeild, the Court judgeth
380
THE RECORDS OF THE COLONY OP
1659.
28 May. Addition to Meadfeild bounds.
Comissioners to lay out Scar- borough, Fal- mouth, & Saco bounds.
Comittee to draw up an order ab' cloth.
Courts encour- agement to Norwottocke, & engagm' to M' Brads", M' Symonds, &£.
W» Holton Bworne.
[*312.]
Ans' to George Halsalls peti-
it meete to graunt vnto them as an addition vnto theire former bounds, & at the west ends thereof, two miles east & west, & fowcr miles north & south provided it intrench not vjion any former graunts, & y' Capt Lusher & Left Fisher are hereby appointed to lay it out according to graunt, & to make re- tourne thereof to the next session of Court.
Whereas this Court is informed that the tounes of Saco, Scarborough, & Falmouth are not as yett bounded by any direct Ijne running back into the countrje betweene toune & toune, the doing whereof may conduce much to theire future peaceable settling, it is hereby ordered, that Capt Nicholas Shapleigh, M"^ Abraham Preble, M"" Edward Rishworth, & Left John Saim- ders, or any three of them, shall haue full power to runne a dividing Ijne betweene the aforementioned tounes, to bound them as they see meete for theire most convenient, the coiiiissioners aforesajd giving each toune due warning, & appoint a meete tjme for the doing thereof, & make theire retonrne vnto the next Generall Court.
Itt is ordered, that Majo'' Symon Willard, M"^ Ephraim Child, & Leil Richard Sprague shall & hereby are appointed a coiiiittee to drawe vp an order, Avhich may g>vent deceipt in making & dressing of cloth, and to present the same to the next sessions of this Court.
This Court having heretofore graunted to the honnored M' Bradstreet, M"^ Symonds, Majo'' Genii Dennison, & Majo'' Atherton, each of them a farme, w'^'' they intended to take vpon Conecticott Riuer, aboue Spriugfeild, but for- asmuch as the taking of it there will be very ^judicjall to the new plantations now going on there, which this Court is very wilHng to encourage, this Court doth therefore desire y' honnored magistrates before mentioned to finde out some other place to take vp theire farmes in ; and if it shall not be to ajquall sattisfiiction in respect of qualUtje, this Court will be willing to make it vp in quantitje.
It is ordered by this Court, that Willjam Holton, who is chosen & allowed off as a coiiiissioner at North Hampton, shall haue his oath giuen him by some of the magis'' before the Court breake vp, & also be impowred to giue oath to the other two comissioners & connstable, to prevent them any further trouble about it. Y" sd W™ Holton tooke his oath accordmgly before y« Court.
*In ans' to the petition of George Halsall, the Coiu-t, on a hearing of the case betweene the sajd George Halsall & Joane, his late wife, doe order, that the determination of it be referd to the next sessions, & in the meane time forbidd either party to marry.
In ans' to the petition of Anthony Eames, who affii-ming that himself.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 381
^ih -^T Busby & Robt Martjn, were not only appointed to runne the Ijne be- 165 9. twixt tliis pattcnt & Plimoutli pattent, which was pfonned by them, but was "" 'i ^
. J e ^^ May.
promised sattisfaction for theire tjme & chardge, which he neuer receaved, & ^^^,^^ j^^^^^_
therefore humbly desireth that he may haue due sattisfaction for his tjme & Eames peticon.
pajnes, or that his sonne in lawe, Michaell Pearse, may be freed of a fine w*
was lajd vpon him by the County Court in June last, the Court judgeth it
meete to order the country Tresm-er to examine the accounts of the peticoner
in refference to the p>misses, & y' payment be made of what shall be found to
be his just due out of the cou.ntry Tresury.
M' Thomas Danforth is appointed to joyne w*'' Cap? Thomas Wiggin to M' Thomas
Danforth to
keepe the Court to y" eastwai-d for this yeare. keepe eastern
Itt is ordered, that the Tresurer dispose of M' Nortons bookes now at ^°"'^- the presse, deliuering euery member of this Court one, and to the seuerall tounes ia proportion to theire rates, & twenty or thirty to M"' Norton, present- ing this Courts thankfuU acknowledgement to him for his pajnes at present, & giving edy minister one y" like order about y* lawes.
This Court, in ans'' to M' John Wilsons request, doth graunt liberty to M' "Wilsons
1000 acres.
lay out the thousand acres formerly graunted him in y" most convenient place or places at the end or ends of that graunt w* this Court graunted to y^ toune of Meadfeild as an addition to theire bounds.
This Court is adjourned to y" 18 of October next, at eight of the clocke in the morning.
JU the second Sessions of the Generall Court, held at Boston, iS'* is October.
of October, 1659.
WHEREAS, according to lawe, all cases wherein the bench & jury doe not agree in the majne issue, the Generall Court is to determine the same, which by experience being found very burdensome to the countrje, it is therefore ordered, that henceforth no action of a civill nature shall, vnder any pretence w'soeuer, come either iinediately or from the County Court to the Generall Court, but in case of disagreement betweene the bench and jury, at any County Court, the case shall be determined at the next Court of Asistants, in manner ffoUowlng : i. e., the attachment, w"' the security for appearance at the County Court, *shall be continued to the Court of Asistants, and if the [*313.] plaintiffe shall sec cause further to prosecute his action, he shall then giue sumons to the defendant as the lawe provideth, and shall also take out of the
18 October. All cases
382 THE RECORDS OP THE COLONY OP
1659. records of the County Court the records of the sajd case, V' the evidences presented by both partjes, and bring the same to the Court of Asistants, ■wliere, after the case is presented as it was at the County Court, both partjes wherein y» sliall haue Hberty to make any new pleas or evidences before the bencli and
bench and jury
disagree tria- jury ; and, in case the plaiutiffe shall not further prosecute his action in man- Court of ^^^" ^* i^ hereby provided, the defendant shall then haue judgment for his Asistants. costs at the County Court graunted him at the next Court of that county. Day of thanks- Whereas through the rich favor of God towards his poore people in these '"' ends of the earth, notw"'standing our great securitje, declensions, & vnworthy walkings vnder such vnparrelled enjoyments, he hath hitherto continewd our peace & libertjes, both civill & ecclesiasticall, of all which wee haue had long & aboundant experjence, and in speciall this last suiiier, hath favorably accepted the desires of his people to humble themselves before him w"' a gracious retourne to our prajers, and hath not as yet delivered vs into the hands of Sathan and his instruments, who band themselves together, & by theire horrid blasphemies against the name of our God, his trueth, ordinances, & by theire seditious practises & rebelljon against the supreame authoritjc of this coinonwealth, doe seeke our utter ruine & destruction, but hath given pledges of his future favour in giving of his people one hart & resolvednes of spirit, through his grace & strength, (in theire respective places,) to beare wittnes against them, as also in that he hath given some come comfortable hopes of making vp that great breach that the enemy had made amongst his pretious servants at Hartford, together mth his continewed care for our provission & protection, from the begining of the yeare to the end thereof, in giving of vs fruitefull seasons, and in that the lives, peace, health, & prosperitjc of his poore people are yett pretious in his eyes, all which this Court taking into theire serious consideration, doe coiiiend vnto theire beloved brethren & neighbors, the inhabitants of this colony, the eighth day of December to be kept a solcnine day of thanksgiving, for the sanctifying of the name of the Lord, by a humble & thankfull acknowledgment of these & all other his great favor's, & rejoycing before him, as also for the further imploring of his gracious & favorable pres- enc yet further to be continved, not only to ourselves, but to ours after vs. Coffiissioners There being seuerall tonnes w"'in this jiuisdiction who are not only re- in tonnes^ o j^Q^g fjon^ any magistrate, but also destitute of any person impowred to solemnize marriage, the want whereof is an occasion of much trouble & some- tjmes disapointment, which to prevent, it is ordered, that Capt Johnson for Wooborue, Left French for Billirrikey & Chelmsford, W™ Coudrey for Red- ding, Capl Marshall for Lynn, M' Thomas Nojce for Sudbury, M' Edw "Woodman for Newbury, Left Robert Pike for Salisbury, Lef ? Christopher
18 October.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 333
Hussie for Hampton, Cap? Eliazer Lusher for Dedliam, M' Wheelocke for 1659. Mcadfeild, Cap? Joshua Hubbard for Hingham, Cap? W"" Torrey for Wcimouth, M'' Peter Brackett for Braintrje, shall & hereby are appointed & empowred to joyne in marriage such persons w^'in theire respective tounes or Ijmitts as shall desire the same, being published according to lawe.
*Itt is ordered, that W"» Eobbinson, Marmaduke Stephenson, & Mary [*314.] Dyer, Quakers, now in prison for theire rebelljon, sedition, & presumptuous Order to bring
y" Quakers to
obtrudmg themselves vpon vs, notw"'standing theire being sentenced to ban- triaii. ishment on pajne of death, as vnderminers of this gouernment, &S, shall be brought before this Court for theire trjalls, to suffer the poenalty of the lawe, (the just reward of theire transgression,) on the morrow morning, being the nineteenth of this instant.
W™ Robbinson, Marmaduke Stephenson, & Mary Dyer, banished this juris- Sentence of diction by the last Court of Asistants on pajne of death, being coniitted by order Ro^bbinfon of the Generall Court, were sent for, brought to the barre, acknowledged them- Marmaduke
Stephenson, &
selves to be the persons banished. After a full hearing of what the prisoners Mary Dyer, could say for themselves, it was put to the qusestion, whither W" Eobbinson, Marmaduke Stevenson, & Maiy Dyer, the persons now in prison, who haue binn convicted for Quakers, & banished this jurisdiction on pajne of death, should be putt to death according as the lawe provides in that case. The Court re- solved this quaestion on the aflirmative ; and y° Gouerno"", in open Court, de- clard the sentanc to W™ Eobbinson, y' was brought to y* barr : W™ Eobinson, yow shall goe from hence to the place from whence yow came, & from thence to the place of execution, & there hang till yow be dead. The like sentanc the Gouerno'', in open Court, pronounced against Marmaduke Steephenson & ]\Iary Djer, being brought to y" barre one after another, in y* same words.
"\yiiereas W" Eobbinson, Marmaduke Stephenson, & Mary Dier are Orderrequir- sentenced by this Court to death for theire rebellion, &6, it is ordered, that jg^^g ^^j ^,^^_ the secretary issue out his warrant to Edward Michelson, marshall generall, "'^'^^^ ^°'^ 5"
prisoners exe-
for repajring to the prison on the twenty seventh of this instant October, & cution. take the sajd Willjam Eobbinson, Marmaduke Stephenson, & Mary Dyer into his custody, & them forthwith, by the aide of Cap? James Oliuer w* one hun- dred souldjers, taken out by his order proportionably out of each company in Boston, compleately armed w"" pike, & musketteers, w* pouder & buUett, to lead them to the place of execution, & there see them hang till they be dead,
^ . . M'Simms&
and in theire going, being there, & retourne, to see all things be carrjed M' Norton to peaceably & orderly. Warrants issued out accordingly. makin" y
It is ordered, that the Eeuerend M-^ Zackeiy Simes & M'' John Norton prisoners sen-
•' cible of their
repajre to the prison, & tender theire endeavors to make the prisoners sen- dainger, &c.
384
THE KECOKDS OP THE COLONY OF
1659.
18 October. Mary Djer re- preiued.
[*315.]
County Courts adjournment.
Guard for y* toune.
Toune watch.
cible of thelre approaching dainger by the sentence of this Court, & prepare them for theire approaching ends.
Whereas Mary Dyer is condemned by the Generall Court to be executed for hir offences, on the petition of William Dier, hir sonnc, it is ordered, that the sajd Mary Dyer shall haue liberty for forty eight howers after this day to depart out of this jurisdiction, after which tjme, being found therein, she is forthwith to be executed, & in the meane time that she be kept close *prisoner till hir Sonne or some other be ready to carry hir away w"'in the aforesajd tjme ; and it is further ordered, that she shall be carrjed to the place of execution, & there to stand vpon the gallowes, with a rope about her necke, till the rest be executed, & then to retourne to the prison & remajne as aforesajd.
It is ordered, that the next County Court, w'^'' should beginne on the twenty fifth of this instant October, shall be & is hereby adjourned to the two & twentjeth of Noueniber next, and that iu the meane tjme it shall be laufull for any plaintifTe to serve liis attachment or suinons, as the lawe directs, & he might haue done before this adjournment, referring to y° sixe dajes warning.
Itt is ordered, that thirty sixe of the souldiers be ordered by Capt Oliuer to remajne in & about the toune as centinells to preserve the peace of the place whiles the rest goe to the execution.
It is ordered, that the select men of Boston shall & heereby are required & impowred to presse tenn or twelve able & faithfull persons euery night during the sitting of this Court to watch with great care the toune, especially the prison, & to allow them two shillings a ]peece, w"*" shall be allowed them out of theire proportion of the country rate.
The Court, having considered of the seuerall declarations which haue binn presented to vindicate the justice of this Courts proceedings in refference to the Quakers, doe thankfully acknowledg themselves engaged to the gent" that haue taken pajnes therein, & for the sattisfaction of such as may any way be doubtfull, it is ordered, that the two declarations hcerevnder written shall goe forth, by the authority & order of the Generall Court, the first of them to the presse, to be printed, the other from the secretary to y" tounes, in writting.
Although the justice of oui- proceedings against W™ Robbinson, Marma- duke Stephenson, & Mary Djer, supported by the authority of this Covut, the lawes of the countrje, & the lawes of God, may rather perswade vs to expect incouragement & coiuendation from all prudent & pious men, then convince vs of any necessity to apologize for the same, yett, forasmuch as men of
THE MASSACHUSETTS BAY IN NEW ENGLAND. 335
weaker parts, out of pitty & comisseration, (a comcndable & Christian virtue, yet 1659. easily abused, & susceptible of sinister & daingerous impressions,) for want ' '' "^ of full information, may be lesse sattisfied, & men of perverse principles may take occasion heercby to calumniate vs, & render vs as bloody persecutors, — to sattisfy the one, & stop the mouths of the other, wee thought it requisite to declare —
That about three yeares since, diuerse persons, professing themselves Courts declara Quakers, (of whose pernitious opinions & practises wee had received intelli- "tth™ gence from good hands,) from Barbadoes & England arivcd at Boston, whose <:'='=<iiDgs ag«
Quakers.
persons were only secured to be sent away by the first opportunity, without censure or punishment, although theire professed tenents, turbulent & con- temptuous behaviour to authoritje, would haue justified a seuerer annimadver- sion, yet the prudence of this Court was cxcersised onely in making provission to secure the peace & order heere established against theire attemjjts, whose designe (wee were well assured by our oune experjence, as well as by the example of theire predecessors, in Munster) was to vndermine & ruine the same ; and accordingly a lawe was made & published, prohibbitting all masters of shipps to bring any Quakers into this jurisdiction, & themselves from coming in, on poenalty of the house of correction, till they could be sent away, notw"'standing w*, by a backc doore they found entrance, & the pcenalty inflicted on themselves prooving insufficjent to restrajne theire impudent & insolent obtrusions, was encreased by the losse of the eares of those that offended the second tjme, w"*" also being too weake a defence against theire imiietuous & fanaticke fury, necessitated vs to endeavo'' our security, & vpou serious consideration, after the former experiments of theire incessant assaults, a lawe was made, that such persons should be banished, on pajne of death, according to the example of England, in theire provission against Jesuitts ; which sentence being regularly pronounced at the last Court of Asistants against the partjes aboue named, & they, either retourning or continuing presumptuously in this jurisdiction after the tjme Ijmitted, were apprehended, &, owning themselves to be the persons banished, v/ere sentenced (by this Court) to death, according to y'^ lawe aforesajd, *which hath beene executed [*316.] vpon two of them. Mary Djer, vpon the petition of hir sonne, & the mercy & clemency of this Court, had liberty to depart w"'in two dajes, w"^*" shee hath accepted of. The consideration of our graduall proceedings will vindicate vs from the clamarous accusation of seuerritje, our oune just & necessary defence calling vpon vs (other means fajling) to offer the points W^" these persons haue violently & wilfully rushed vpon, & thereby are become felon' de se, which might it haue been prevented, and the soueraigne lawe, salus populj, beene
VOL. IV. PART I. 49
— Y ~^
18 October.
386 THE RECORDS OF THE COLONY OF
165 9. preserved, our former proceedings, as well as the sparing of Mary Dier vpon an inconsiderable intercession, will manifestly evince wee desire theire life absent rather then theire death present.
Many of that sect of people which are coiiionly called Quakers hauing, from forreine parts & from other colonjes, come at soundiy times and in seuerall compaujes & noumbers into this jurisdiction of the ^lassachusetts, & those lesser punishments of the house of corrections & imprisonment for a tjme hauing beene inflicted on some of them, but not sufficing to deterr & keepe them away, but that still they haue presumed to come hither, vpon no other ground or occasion (for ought that could appeare) but to scatter theire corrupt opinions & to drawe others to theire way, & so to make disturbance, and the honnored Generall Court having herevpon made an order & lawe, that such persons should be banuished & remooved hence, on pajne of death, to be inflicted on such of them as after theire bannishment should presume to returne & come hither againe, the making »&: execution of the aforesajd lawe may be cleered to be warrantable & just vpon such grounds & considerations as these, viz. : —
1. The doctrine of this sect of people is destructive to fundamental! trueths of religion, as the sacred Trinitje, the person of Christ, & the Holy Scriptures, as a perfect rule of faith & life, as ]M'^ Norton hath shewed in his tractate against the Quakers ; yea, that one opinion of theires, of being per- fectly pure & w"'out sinne, tends to ouerthrow the whole gospell & the very vitalls of Christianitje, for they that haue no sinne haue no neede of Christ, or of his sattisfaction, or his blood to cleanse them from theire sinne ; no neede of faith to beleive in Christ, for imputed righteousnes to justify them, as being perfectly just in themselves ; no neede of repentance, as being righteous & w^'out sinne, for repentance is only for such as have sinne ; no neede of grow- ing in grace, nor of the word & ordinances of God, that they may grow there- by, for what neede they to grow better who are already perfect ? no neede of Christian watchfulnes against sinne who haue no such ennemy as sinne dwell- ing in them, as Paul had, but are free from the presence & being of sinne, & therefore Christ needs not to say to them, as sometjmes to his disciples, ' Watch & pray, that yee enter not into temptation : the spirit is willing, but the flesh is weake ; ' for hauing no such flesh or -weakenesse in them, they haue no such neede of watchfulnesse ; they haue no need to purify themselves dayly, as all Christians should, for they are perfectly pure already ; no neede to put off" the old man and put on the new, like the Christians to whom Paul wrote his Epistles, for what neede they to doe this when they ai-e already w"'out sinne, & so w*''out all remainders of the old man ? Such
18 October.
THE MASSACHUSETTS 15 AY IN NEW ENGLAND. 387
fundamentalls of Chiistfanitjc arc ouertliroune by this one opinion of theires, & 16 59.
how much more by all thcire otlier doctrines ! Now, the corTiandmcnt of God
is plajne, that he that presumes to siieakc lyes in the name of the Lord, &
turne people out of the way which the Lord hath coinanded to walk in, such
an one must not Hue, but be put to death. Zach 13: 3 ; Deu? 13: 6, & 18 :
20. & if the doctrine of the Quakers be not such, let the wise judge.
2. It is the cortiandmcnt of the blessed God, that Christians should obey magistrates. Tit 3 : 1 ; & that euery soule should be subject to the *higher [*317.] powers, Roui 13 : 1 ; yea, be subject to eixery ordinance of man for the Lords sake, 1 Pee? 2 : 13, & yeeld honnor & reuerence or feare to such as are in autlioritje, Prou 24 : 21 ; 1 Pet 2 : 17 ; & forbeare all cursing & revil- ing & evill speeches touching such persons, Exod 22 : 28 ; Eclesiast 10 : 20 ; Ti? 3:2; Acts 23 : 5 ; & accordingly good men haue beene wont to behaue themselves w* gestures & speeches of reuerence & honnor towards superiors in place & power, as Abraham bowed doune himself to the Hittites, Gene 23 : 7, 12 ; Jacob & his wives & children unto Esau, Gene 33 : 3, 6, 7 ; Jo- seph's brethren vnto Joseph, being governor in ^Egipt, Genes 42 : 6 ; & 43 : 26, 28 ; Joseph to his father Jacob, Geii 48 : 12 ; Moses to his father in lawe Jethro, Exod. 18:7; Ruth to Boaz, Ruth 2:10; Dauid to Saul, 1 Sain 24 : 6 ; Abigal, Bathsheba, & the prophet Nathan to King Dauid, 1 Saiu 25 : 25 ; 1 Kings 1 : 16, 23, 3 1 ; w"" others that might be added. And for reviling or contemptu- ous speeches, they haue binn so farre therefrom that they haue spoken to & of theire superiors w"* termes & expressions of much honor & reuerence, as father, 1 Sam 19 : 3 ; 1 Kings 19 : 20 ; & 2 : 2, 12 ; master, 2 Kings 6 : 15 ; 1 Sam 24 : 6 ; lord, Geii 33 : 13, 14 ; 1 Pet 3 : 6 ; my lord, 1 Saffl 24 : 8 ; Gen 44 : 18, 19, 20 ; 1 Sam 1 : 15, 26 ; most noble Festus, Acts 26 : 25 ; most excellent Theophilus, Luke 1:3; and the like : that servant of Abrahams, Geii 24, doth call Abraham by the terme & title of master, a matter of twenty times, or not much lesse, in that one chapter ; and on the contrary, it is noted as a brand & reproach of false teachers, that they despise dominion & are not afrajd to speake evill of dignitjes, 2 Pe? 2 : 10 ; Jude 8 ; though the very aingells would not doe so vnto the divill, 2 Pee? 2 : 11 ; Jude 9. Now, it is well knoune that the practize of the Quakers is but too like these false teachers whom the apostles speake of, & that they are farre from giving that honnor & reuerence to magistrates which the Lord re- quireth, & good men haue giucn to them, but on the contrary shew contempt against them in theire very outward gestures & behavioiu*, & (some of them at least) spare not to belch out rajling & cursing speeches. Wittnes that odjous, cursing letter of Humphi-ey Norton ; and if so, if Abishaj
388 THE RECOIIDS OF THE COLONY OP
may be judge, they are worthy to dye ; for so he thought of Shimej for his contemptuous carriage & cursing speeches against Dauid, 2 Sara 16 : 9, & 19 : 31. And though Dauid at that tjme did forbeare to put him to death, yet he giues chardge to Solomon, that this Shimej hauing cursed him w*'' such a greivous curse, he should not hold him guiltlesse, but bring doune his hoarje head to the graue w"' blood, 1 Kings 2 : 8, 9 ; according to which direction King Solomon caused him to be put to death, Vers 44, 46.
3. Also, in this stoiy of Solomon & Shimej, 1 Kings 2, it is recorded how Solomon confined Shiniei to Jerusalem, chardging him, vpon pajne of death, not to goe out thence, & telling him that if he did he should dye for it, which confinement when Shimej had broken, though it were tlu-ee yeares after, & vpon an occasion that might seeme to haue some weight in it, viz., to fetch againe his servants that were runne away from him, yett for all this, the confinement being broken, Solomon would not spare him, but putts him to death ; and if execution of death be lawfuU for breach of confinement, may not the same be sajd for breach of bannishment ? Confinement, of the two, may seeme to be much sleighter, because in this a man is Ijmited to one place & debarred from all others, whereas in bannishment a man is debarred from no place but one, all others being left to his liberty ; the one debarres him from all places, saue that it giues liberty to one ; the other giues liberty to all places, saue that it restraines from one ; and therefore if death may be justly inflicted vpon breach of confinement, much more for returne vpon bannish- ment, which is these Quakers case.
4. There is no man that is possessed of house or land, wherein he hath just title & propriety as his oune, but he would count it vnreasonably injuri- ous that another who had no authoritje thereto should intrude & enter into his house w">out his, the ouno''% consent ; yea, & when the ouno"" doth express- ly prohibitt & forbidd the same. Wee say, when the man that so presumes to enter hath no authoritje thereto ; for if it were a connstable or other officer legally authorized, such an one might indeed enter, notw">standing the house- holders dissent or charge to the contrary ; but for them that haue no authoritje the case is otherwise. And if such one should presume to enter into another
[*318.1 mans house & habitation, he might justly be *impleaded as a theife or an vsurper ; & if in case of such violent assault, the owno"" should, se defen- dendo, slay the assaylant & intruder, his blood would be vpon his oune head. And if private persons may in case shed the blood of such intruders, may not the like be graimted to them that ai-e the publicke keepers and guardians of the coiiionwealth ? Haue not they as much power to take away the Hues of such as, contrary to prohibition, shall jnvade & intrude into theire publicke
18 October.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 389
possessions or territoijes as private & particcular persons to deale so w"' tliem 16 59. that, w"'out authoritjc, shall presume to enter into theire private & particcular habitations ? -which secnies clearly to be the present case ; for who cann beleiue that (Juakers are connstables oucr this colonje, to intrude themselves, invade, & enter, whither the colonje will or no, yea, & notw"'standing theire expresse prohibition to the contrary ? If in such violent & bold attempt they loose theire Hues, they may thank themselves as the blameable cause & autho" of theire oune death.
5. AVho cann make quaestion but that a man that hath children & family both justly may, & in duty ought to, preserve them of his chardge (as farre as he is able) from the daingerous company of persons infected w"^ the plague of pestilence or other contagious, noysome, & mortall diseases ? and if such persons shall offer to intrude into the mans house amongst his children & ser- vants, notw"'standing his prohibition & warning to the contrary, & thereby shall jndainger the health & liues of them of the familje, cann any man doubt but that in such cas*the father of the family, in defence of himself & his, may w^stand the intrusion of such infected & daingerous persons, & if otherwise he cann not keepe them out, may kill them ? Now, in Scriptui-e, corruption in minde & judgment is counted a great infection & defilement, yea, & one of the greatest ; for the apostle, saying of some men that to them there is nothing pure, giues this as the reason of it, because euen theire minde & conscience is defiled. Tit 1 : 15 ; as if defilement of the minde did axgue the defilement of all, & that in such case there was nothing pure ; euen as when leprosie was in the head, the preist must pronounce such a man Ttterly vncleane, sith the plague was in his head, Levitt 13 : 44. And it is the Lords coiiiand that such corrupt persons be not receaved into house, 2 John 10, which plainly enough impljes that the householder hath power to keepe them out, & y' it was not in theire power to come in if they pleased, whither the householder would or no. And if the father of a particcular family may thus defend his children and household, may not magistrates doe the like for theire subjects, they being nursing fathers & nursing mothers by the ac- count of God in Holy Scripture ? Isaj : 49 : 23'^. Is it not cleare, y* if the father in the family must keepe them out off his house, the father in the comonwealth must keepe them out of his jiuisdiction ? And if sheepe & lambes cannot be preserved from the dainger of woolves, but the woolves will breake in amongst them, it is easy to see what the shephard or keeper of the sheepe may lawfully doe in such a case.
6. Itt was the coiiiandment of the Lord Jesus Christ vnto his disciples, that when they were persecuted in one citty, they should flee into another. Math
390
THE KECORDS OF THE COLONY OF
[*319.]
Fenc about y« prison & house of correction.
Warrant for y" y* lodged y« Quakers, &c.
Pcaselys pro- hibition.
10 : 23 ; & accordingly it was his oiine practise so to doe many a tjme, both when he was a child, Math 13: 14, & afterwards, 12: 15; Joh 7: 1 & 8, last, & 10: 39 ; and so was also the practise of the saints. Wittncs what is written of Jacob, Gen 27: 42, 43, & 28: 5; of Moses, Exod 2: 14, 15; of Eljas, 1 Kings 19: 3; of Paul, Acts 9: 24, 25, 29, 30, & 17: 13, 14; & of the apostle. Acts 14 : 4, 5, & others, who, when they haue beene persecuted, haue fled away for theire oune safety ; and reason requu-es that when men haue liberty vnto it, they should not refuse so to doe, because otherwise they will be guilty of tempting God, & of incurring theire oune hurt, as having a foire way open for the avoyding thereof, but they needelessly expose themselves thereto. If, therefore, that which is donne against Quakers in this jurisdiction were indeed persecution, as they account of it, (though in trueth it is not so, but the due ministration of justice ; but suppose it were as they thinke it to be,) what spirit may they be thought to be acted & led by, who are in theire act- ings so contrary to the coinandment & example of Christ & of *his saints in the case of persecusion, which these men suppose to be theire case ? Plaine enough it is, that if theire case were the same, theire actings are not the same, but quite contrary, so that Christ and his saints were led by one spirit, and those people by another ; for rather then they would not shew theire contempt of authoritje, and make disturbance amongst his people, they choose to goe contrary to the expresse directions of Jesus Christ, & the approoved examples of his saints, although it be to the hazard & perrill of theire oune Hues.
Itt is ordered, that there shall be a sufficjent fence erected about the coiiion prison, in Boston, & house of correction, such as may debarre persons from conversing w"' the prisoners, & the charge thereof to ^ borne half by the county of Suffolke & the other halfe by the countrje ; y* the Tresurer of the county of Suffolke see the same effected.
The Court, vnderstanding that seuerall inhabitants of this jurisdicon haue lodged the Quakers now in prison, doe order, that the secretary issue out a warrant to the seuerall persons, & send the same by a messenger of purpose to bring them all w"' speede to this Court, to ans'' for theire offence therein.
The Coiu-t, bailing considered of & given ans'' to the petitions of the inhabitants of Salisbury, calling to minde the aff"ront that Joseph Peasely put on this Courts judgment & order in the yeare ffifFty eight, by not only con- tinewing his preaching amongst the inhabitants of the new toune at Salisbury, notw"'standing this Courts injunction to the contrary, but refusing to come to ans'' for his contempt of the Courts order, & vnderstanding the County Court at Salisbury only fined him fine shillings for his absence, weekely, as they did others, & still that he contjnews preaching there as frequently as before the
THE MASSACHUSETTS BAY IN NEW ENGLAND. 391
Courts order, & that also, as ^ haue biun informed, against the advise of the 1 G 5 9. church whereof he is a member, and that his preaching there (being very " * ~^ weake & vnfitt for so great a worke) doth rather encrease then lessen the con- tentions there, doe order, that the sajd Joseph Peasely be forthwith, by order from this Court, forbidden to preach any more in any part of this jurisdiction, till he giue full sattisfaction to this Court for what hath binn past.
Itt is ordered by this Court, that the Tresurer shall & hereby is im- Tresurer to pay powred to disburse out of the treasury what shall be necessary tending towards the printing of the lawes vnto Samuell Greene, referring to his paynes therein or otherwise.
Whereas Christopher Holder, a Quaker, hath suffered what the lawe for- Holders sen- merly appointed, after his being sent to England, w"'out punishment, presump- .^J"^ "^ *"' tuously coming into this jurisdiction w^'out leaue first obtajned, the Court judg- eth it meete to sentence him to banishment, on pajne of death, in case he be found w^'in this jurisdiction three dajes after the next shipp now bound from hence to England be departed from this harbor, & betweene this & the shipps de- parture, w"" the keeper, at his oune chardge, he shall haue liberty one day in a weeke to goe about his buisnes ; and in case he shall choose to goe out of this jurisdiction sooner, on the poenalty of the sentence aforesajd, he sliall, by order from the Gouerno'' or Deputy Go9, be dischardged the prison, so as he stay not aboue three dajes after his dischardg from the prison in this jurisdiction.
*Itt is ordered, that Capt Eljazar Lusher & M"- Willjam Parkes shall & [*320.] hereby are impowred a coiiiittee to joyne w"' Capt Edward Johnson (who is '"'''p' ^*"-
Johnson sur-
chosen by this Court to be the survejor generall) to take the last survejor gen- Tojor gen. & eralls accoimt, & to present the same to the Court w"'all convenient speede. '
The Court, considering that the secretary hath served the countrje for Secretarys sal- many yeeres in that place, whose tjme hath altogether binn taken vp w"" the ;,„„ weighty occasions of the countrje, which haue becne & are incumbent on him, (the neglect whereof would be an ineuitable & great prejudice to the pub- lique,) and himself oft times forced to hire a clarke to hclpe him, which hath cost him some yeares twenty pounds p annu, and euery yeere spending of his oune estate a considerable soiiie beyond what his estate will beare, nor is it for the honnor of the country that such an officer, so necessary, who hath also binn found faithfuU & able in the dischardg of the trust coiiiitted to him, should want due encouragement, doe therefore order, that the present secretary shall haue, from the eleventh of May last, the seine of sixty pounds p annu for his sallery, to continew yearely vntill this Court shall order & pro-\'idc some other mccte recompence.
In the case now depending betweene 'M' Edward Lane and M" Anna,
392
THE RECORDS OF THE COLONY OP
10 50.
>- — , .
18 October. Courts judg- ment in M' Lanes case.
[*321.]
tlie late wife to Capt Robert Keayne, itt is ordered, that a coiiiittee be chosen and impowred by this Court to put a finall issue, and to that end shall be authorized to examine the accomjit of the sajd Lane, what hath binn by him received, and also how much he hath necessaryly disbursed or expended in paying legatjes, building or repajring the houses, and how much the estate hath binn advansed by such expences, and also what els hath binn lajd out in any other way, referring to the estate, and the same to allow & approove off so farr as they shall see it just & fequall, & so farre as the sajd Lane shall be creditor to the estate, to determine and conclude not only how much he shall be allowed, but also in what it shallbe pajd, & the same to sett out, apprize, & deliuer vnto him, this Court judging the sajd Edward Lane disingaged of all his bonds & obligations betweene him & the sajd M™ Cole referring to his ex- eccutorshipp, and that he is also dischardged of his execcutorshipp respecting the estate of the sajd Capt Keayne ; and it is left to the ouerseeres of the will to nominat such others in his roome as they shall judge meete, & shall be approoved of this Court, to pay such legacjes as are yett vnpajd, & to take chardge of the estate, to see it be disposed of according to the will of the tes- tator, and the chardg of this and the former coiiiittee to be pajd out of the estate ; the coinissioners to be chosen by the whole Court mett together. The whole Court mett together, by tlieire vote, ordered, —
1. First, that Edward Lane shallbe pajd sixe hundred & fifty pounds sterling in marchantable beife, j^orke, pease, wheate, barley, and Indian come, of each proportionable, or otherwajes to his sattisfaction.
S'^'. That Edward Lane shall receive of Sarjant Eldred the two yeares rents for the farme & stocke at E-umney Marsh.
3'^. That he shall haue all the rents of the houses in Boston *for two yeares, which will be expired the seventh of December next, the house M" Cole Hues in excepted, and also that good securitje be giuen him for the pay- ment of the sixe hundred & fifty pounds aboue expressed, and also that Sam- uel Eldreds securitje he hath and is to giue may be for the secuiitje of his rent for the two yeares rent aboue expressed ; and it is further ordered, that the aboue mentioned sixe hundred and fifty pounds be pajd M'' Lane, in such pay as is aboue mentioned, once w*''in sixe moneths, & in case it be not pajd ■w*''in y* time, he shallbe allowed vse for y* same to y" end of other sixe months, & in case it be not pajd w^'in twelve months. It shallbe lawfull for the sajd Edward Lane to sell two thirds in the new house, and two thirds in the old house & yards, and sattisfy himself the sajd soiiie of sixe hundred & fifty pounds as abouesajd, the sajd two thirds of the sajd houses & yards being made ouer as his securitje for the payment of the same ; and it is ordered.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 393
that the sajd Edward Lane forthwith deliuer vp all the lands & houses, hookas 16 5 9. of acconipts, bonds, bills, & all other writtings, stocke of catle, & what else ''
18 October.
ho liath in his possession belonging to the estate of the sajd Capt Keayne, to tlie ouersecrs ; and it is ordered, that M"'^ Cole forthwith bring into this Court & deliuer vp all the bonds wherein M'' Lane stood bound to the sajd M" Cole, formerly Keayne, to be cancelled ; so also that the secretary bring in the bond of a thousand pounds that the sajd Edward Lane stands bound to him & Caf>? Johnson for Anna Keaynes, Juii, joincture.
The Court having pervsed & considered the petitions presented to this Courts aus» to Coiu't by the inhabitants of Salisbury, and theire respective pleas therein con- petition. tejned, as, 1. Whereas the mjnor part pleadeth that the major part haue donn them wrong in discouraging & weakning the hands & hart of theire dears paste"' the Reuerend M"^ Worcester, by voting a negative to what they had for- merly voted an affirmative, & by passing a vote of thirty pounds for his half yeares due, when before they had voted him eighty p anii ; and in ans'' thereto the majo'' part of the toune & church doe plead, 1. That legall notice of the meeting where such conclusion was made was not given to y" whole ; 2. That voting for thirty pounds y" half yeere hindereth not his having eighty poiinds p aiium ; 3. That such promise, though graunted to be legall, yet was not binding for more then a yeere ; 4. That they are as -nilling as theire brethren to giue theire reflend pastor all due incouragement, only they account it vnreasonable to be forced therevnto by the irregular provocations of the mine"" part. All w"'' hauing binn considered, together w"' the evidences presented by the mine'' parte, shewing the fullnes & freenes of y* sajd engagement, & the mu.tuall re- ceiving & rejoycing each in other therevpon, in the presenc of the Eeuer- end M"' Cobbett & M'' Phillips, they being instrumentall therein & much rejoyced thereat, as appeares by a letter exhibbited in Court vnder M' Cob- bets hand, although (in exact formallity & strictnes of lawe) not charging those who voted that they were not bound to the performance of the sajd engage- ment w"i breach of couenant ; yet nefithelesse, hauing duely considered the freenes & fullnes of the sajd engagement by so considerable a pte of the toune, & none considerably opposing ,• and not only so, but also theire abillity, thro Gods blessing, to perform the same, as also theire pasto''s necessitje of so much for y* supply of his family w"" those things that are honest, this Court doth declare that regularly the inhabitants aforesajd may not diminish any part of the sajd eighty pounds p annu. And for the future, the inhabitants of the sajd toune hauing in theire peticbns manifested a great deale of loue & respect to theire deare paste', & theire readines to contribute what they may, according to
VOL. IV. PART I. 50
/
394
THE RECORDS OF THE COLONY OP
1659.
> Y
18 October.
[*322.]
Ans' to Tho.
Holbrooks
peticon.
Courts judg- ment in M' Duncans case.
M'Bradstreets, Maj.Gen. Den- nison, & M' Symonds fannes.
thelre ablllitje, for his future encouragement still to continew w* tliem, (w"'out respect to any pre ingagement,) this Court further declares, that they ex- pect answerable performance in such wise as amongst *themselves they may most voluntarily & cordially agree together vpon.
2'y. And whereas they doe joinctly peticon that M'' Worcester may not be enjoyned to travaile monethly to the new toune, this Court judgeth it meete to leaue it w* the church & M"' Worcester to act therein as the Lord shall guide them.
3. And whereas the one part pleadeth that the new toune may be dis- missed from contributing to the ministry at the old toune, & that they may haue liberty to w*'^drawe themselves from the publicque ministry of the word now dispensed amongst them, it is ordered by this Court, that vntill they be provided of an able minister, that they continew to be helpfuU in the vphold- ing of theire present pastor, and that they constantly attend thereto, (provi- dences of the Lord by vnseasonable weather obstructing them excepted,) forbearing to content themselves w''' private helpes, whiles the Lord is pleased to continew so bright a starre in theire candlesticke, least our wantones vnder & wearynes of our present vnparraleld enjoyments doe justly provoke the Lord to deprive vs thereof.
In ans"^ to the petition of Tho Holbrooke, humbly desiring this Courts favo"^ to graunt him a smale corner of land lying on the north side of Charles Eiuer, & adjoyning to a parcell of land he lately purchased there, the Court judgeth it meete to graunt his request, so as the land desired exceed not fifty acres, nor interfere w"' any former graunt, nor the Indian plantation.
In the case betweene Mahalaleells Munings & Nathaniell & Peter Duncan, coming to this Court by the Magis'" refusing the verdict of y" jury, at the County Court of Boston, in July last, the Comt, on a full hearing of all the evidences in the case produced, doe find the sajd Nathaniell & Peter Duncan to be indebted to the sajd Munings on a just account the soiiie of fine hundred & sixty pounds twelve shillings, and doe order the same to be pajd to the sajd Munings, together w*^"^ eight" p cen? for eight moneth forbearance, and three pounds three shilHngs costs of Court ; provided, that what shall appeare to be already pajd of the aforesajd some shallbe deducted ; provided also, that what euer was deliuered to the sajd M' Duncans wife by order from the church of Boston, or shall be found in his hands, of any other mens estate, & sufii- cijently prooved before any County Court so to be, shall not be Ijable to the execution.
Graunted to M' Bradstreet his seven hundi'ed acres, and to Majo'' Gen" Denison his fine hundred acres, w"^*" were foi-merly graunted on this side the
18 October
THE MASSACHUSETTS BAY IN NEW ENGLAND, 395
Riuer of Conecticott, against Northampton, to lye on the west side of the 1 G 5 9.
sajd riuer, about sixe miles aboue Northampton, to beginne either at a brookc
or at a walnut tree, being forked from the roote, about halfe a mile from the
sajd brooke, as they shall choose before the next Generall Court in October,
and from the sajd brooke or walnut tree to extend vp the Riuer of Conecticott
not exceeding one miles three quarters vpon a streight Ijne, and then vpon a
square or right angle to runne from the riuer into the woods so many pole as
shall make vp theire aforesajd graunt. It is also graunted that M"" Symonds
shall haue his hrmdred & sixty acres next aboue the aboue mentioned gent",
eighty pole vp by the riuers side, and that these farmes shall belong to the
new toune there, respecting piiblicke chardges, referring to toune or
countrjc.
*The ouerseers of Cap? Keaynes will are heereby empowred to take the [*323.] estate into theire hands, & to sell or dispose thereof, for speedy payment of the ^^ ■ ^ "">■' *^-
OQseei-s power
legatjes, according to the will, as they shall judge & determine, provided to dispose of theire determination be approoved by INIajo'' Atherton, M'' Russell, M' Dan- ^^^^^^ ^5°^^ forth, Majo'' Hauthorne, M'' Stoddard, & Left Cooke, or the majo'' part of them, who are appointed by this Court as a coiiilttee to joyne w"' the ouerseers in interpretation of the will respecting legacies to his relation ; & the conclu- sion agreed on by the majo"^ parte of the ouerseers & of the sajd coinittee shall be a finall issue of all causes or actions that haue or may arise concerning legacjes bequeathed by the sajd will.
On the desire of M™ Anne Keayne, Junio'', the Court doth also appoint M" Anna M' Symon Bradstreet & Majo"^ Geil Dennison to be her guardians, & M"^ guardians. Edward Lane, who was formerly allowed, is hereby dischardged, and enjoyned to give an account of his acting as guardian during his contjnuance, and to retoui-ne all papers & writings belonging vnto the sajd M"'^ Anne Keayne in refferenc to hir ffathers will.
In ans"^ to the petioon of Tho Clarke, W™ Payne, Tho Lake, John Courts ans' to Richards, George Corwin, & "Walker Princ, in behalfe of themselves & com- Ij.^^^ ciarke, pany, the Court judgeth it meete to order that a present clajme be made of ~^^j^^^\- our just rights vpon Hudsons Riuer, neere the Port of Awrania, by a letter in referenc to
„ -r-v-i -i.-ii-i'i 1 -ij Hudson Riuer,
from this Court to the Dutch gouerno'', desirmg that tree liberty be permitted, g.~ according to the custome of nations, by theire fForts, to or from such toune or tonnes as shall be erected there w^in our jurisdiction, & order the sajd letter to be deliuered to Majo'' W" Hauthorne & M' John Richards, whom this Court hath appointed messengers for that end from this Court, & also from the com- pany. And itt is further graunted by this Court, that the trade w'l'in fiueteene miles of the sajd riuer shall be setled only on the peticSners & company, for
396 THE RECORDS OF THE COLONY OF
1659. twelve yeares now next ensuing, and to haue liberty to trade such coinoditjes ' ■" ' as the Dutch vsually trade, provided that any freeman of this jurisdiccbn may
12 November. •oii-i/'i i-ji r^
come m & be admitted of that company betweene this and the next uenerall
Coiu-t by theire allowance ; the sajd messengers carrying the Courts letter to
y" Dutch gouerno'' at the id companys charge. The sajd letter is in the
Courts booke of letters.
Courts ans' to The Court, hauing considered of the peticons of M'' George Cleaves, M'
Bonighton? John Bonighton, M' Richard Foxwell, & M"' Willjam Phillips, craving the
Foxweli, & belpe of this Court for the setling theire respective interests of lands &
PhUUps peti- ^ or
Con. possessions in the east parts of this jurisdiction, doe judge meete to order,
that theire respective cases & complaints, for a finall issue, be referred to
Majo"" Humphrey Atharton, Capt Thomas Sauage, Capt Edward Johnson, &
Capt Tho Clarke, or any three of them, who are hereby chosen & comission-
ated by this Court to heare & determine the seuerall differences of the sajd
parties, as in theire wisdome they shall judge most meete, hereby impowring
the sajd comittee to appoint the time & place of theire meeting, as they shall
judge most convenient, (all persons concerned therein being hereby enjoyned
to attend the same,) and to send for partjes & wittnesses, & examine theire
seuerall complaints according to law, provided the complajnants be at the
chardge of procuring the attendanc, & sattisfy the chardges of the coiuittee,
& that retourne be made by the coiSittee to the next Generall Court after
theire determination.
Ans' to M" In ans'' to the petition of Martha Coggan, it is ordered, the sajd Mf^
^^oggans pe i- ]^^j.(.j^j^ Coggan haue liberty to sell the house mentioned in the petition, for
the pajment of debts, as is desired, provided y' M" Coggan giue bond, w""
security, to pay the heires of the sajd John Wooddey, i. c., his brothers or
heires, y* soine of thirty five pounds after y" death of M'^^ Eobbinson, formerly
y® relict of Jn° Wooddey, M"' Jn° Coggan in his will hauing given M"
Eobbinson full sattisfaction for what she might clajme to the other pai-ts of
the seuenty pounds.
[*324.] *In ans"^ to y' request of the ffreemen of Dedham, it is ordered, y' Capt
Capt Lusher to j^jjazer Lusher shall & hereby is impowred to giue oaths, solemnize mar- take oathes, &c. riages, & take acknowledgments of deeds in Dedham.
Ans' to Arthur In ans' to the peticbu of Arthur Mason, the Court, considering the
. as<"^s peti- gj-o^jj^s of his request, i. e., y" losse of his arme, & so his inabillity to pcui-e
maintenance for his family, judg meete to graunt liim one hundred acres of
land, to be lajd out adjoyning to such as be akeady lajd out, by order of this
Court.
In ans' to y° peticon of Richard Cutter & Eljjah Corlett, on his behalfe,
THE MASSACHUSETTS BAY IN NEW ENGLAND. 397
the Court, hauing considered the pertlcculars in this peticon, judge meetc to 165 9. order, that the Coimty Court for jNIidleses, who liad the heariag of the peticon- ^~ ^^ ' ers case, & are best able to iudge of the demerritts thereof, shall haue liberty .
' JO ' J ^„g, Jo Rich.
to make such abatement of his fines as to them shall seeme meete, any lawe Cutters peti- or custom to the contrary notw"^standing ; and also, that the petic6ner haue his request graunted for a revisall of that act whereby he is recorded for a Ijar, which will tend to his clearing or to his fui'ther conviction.
Itt is ordered, that the thanks of this Court be retourned to the Eeuerend M'Jn'Nortona M' John Norton (by the honnored Gouernor) for liis great pajnes & worthy labors in y* tractate he di-ew vp, & by order of this Court hath binn printed, wherein the daingerous errors of the Quakers is fully refuted and discouered, and to acquaint him that this Court hath giuen him fine hundred acres of land, where it is to be found free from other graunts, to be lajd out in one or two places at his chojce, as a smale recompence for his pajnes therein.
In ans'' to the peticSn of M' Edward Tyng, the Court, hauing considered Ans'to M' of his request & his readjnes to be servicable at all tjnies to the good of this coinonwealth, judge meete to graunt him two hundred & fiffty acres of land, to be lajd out adjoyning to such lands as haue binn taken vp by order of this Coiut.
In ans' to the peticon of Henry Neale, humbly craving releife in relation to aus' to Hen. some injury by him sustejned by the country highway being remooved, &6, the ^ * peticon. Coiu-t, being ignorant of former proceedings concerning the premisses, and of w' ground the peticoner hath to complajne, doe order, that the peticoner be referred for releife to the County Court of* y' sheiie, in ordinary processe of lawe.
In ans' to the peticon of John Tincker, itt is ordered, that M' Thomas Ans' to Jn» Danforth, Capt Edward Johnson, Sc Ephrajm Child shall be a coiuittec to ex- J^ "^ ^^ '" amine the particculars mentioned in id peticon, & make retourne of what they finde to the next Court of Election.
In ans' to the peticon of Daniell Weld & Eljjah Corlett, schoolem'^, the Ans- to M'
. . , ^ p Welds &M'
Court, considering the vsefullnes of the peticoners in an imployment ot so corietts peti- comon concernment for the good of the whole country, & the little incourage- '^""• ment that they haue had from theire respective tounes for theire service & vn- weai-ied pajnes in that imployment, doe judge meet to graunt to each of them two hundred acres of land, to be taken vp adjoyning to such lands as haue binn already graimted & lajd out by order of this Court.
In ans' to y" peticon of the inhabitants of Dorchester, the Couit judgeth Ans' to Dor-
/. 1 1 ■ 1 • <• Chester peti-
it meete to graunt the toune of Dorchester a thousand acres of land m iejw 01 g^^ Thompsons Island, formerly sett a pt for a fi-ee schoole in Dorchester, but by
398 THE KECOEDS OF THE COLONY OF
1659. judgment of y' Court given to M'^ John Tompson, & y" sajd land to be lajd ' '' ' out where they cann find it, & improouing it for y^ bennefitt of sajd schoole.
12 November.
[*3l25.] *Lajd out to M'' Richard Russell, Tresurer, one thousand & sixe hundred
Tresurer Rus- acres of land, on the northerne side of Merremacke Riuer, in the wildernesse,
sells 1600 acres
lajd out in pt. begining right ouer against Wajmesicke, being bounded w"' Beauer Brooke tonstaii '^^ ^^^ west, Meiremacke Riuer on the south, the wildernesse elswhere sur-
rounding, according to marked trees, as is more fully demonstrated by a plott taken of the same, w'^'' is on file.
By JONATHAN DANFORTH, Survcjor.
The Court allowes & approoves of this retourne of land lajd out as being part of a parcell of land grauntcd in the yeare sixteene lumdred & fiffty to Robert Saltonstall, in right of S' Richard Saltonstall, for fowcr hundred pounds lajd out by him in y" coiiion stocke, provided that M"' Russell shall & is hereby engaged to secure the countrje from any challenge w*^** shall or maybe made to the land herein mentioned by the heires or execcutors of y' sd RoVt Saltonstall, or any other, as by any right from him.
Courts ans' to In ans' to y" peticbn of Gregory Belchar, it is ordered, that whereas at
charTpetiCon ''^^ ^^^ session of this Court there was a plantation graunted to seuerall of the inhabitants of Braintry where they could finde it vngraunted in this juris- diccbn, that the peticoner shall be accoinodated, together w"' his neighbo'^, w"* such a proportion of land as shall be thought meete by those y' haue the dis- pose thereof. Ans' to The. lu ans"" to the peticbn of Tho Gleason, the Court, having pervsed his
easons peticon, doe order, that the County Court for Midlesex, who had the hearing
of the case, shall haue liberty to make such abatement of the peticoners fines as to them shall seeme reasonable, any lawe or custome to y^ contrarj' not- w"'standing. Ans' to Jn» lu ans'' to y'^ peticon of John Prescott, the Court, considering the grounds
petTco' ^ °^ ^^^ peticbn, doe judge it meete to graunt him one hundred acres of land, to
be lajd out adjoyning to the lands that are lajd out by order of this Court to Lancaster. Ans' to Fan- In ans' to the motion & request of Tho Fanning, the Court, hauing
nmgs request, j^gj^j.^ (.j^g (.^se, and Thomas Bronning, his servant, in open Court acknowl- edging y' ab' a moneth since he gott into y^ house of Deacon Symon Stone & stole away fifty fower shillings in money, ordered him to be whipt w"" twenty stripes well lajd on, & to make double restitution.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 399
Wee, whose names are here vnder written, being appointed by the Generall 165 9. Court & impowred to lay out the deviding bounds betweene the tounes of ' '' "" Cape Porpus, Saco, Scarborough, & Falmouth, vpou due consideration thereof, doe determine as foUoweth : Imp''. That the dividing bounds betweene Cape Porpus & Saco shallbe the riuer coiuonly called the Little Riuer, next vuto W"" Scadlocks now dwelling house, vnto the first falls of the sajd riuer, & from thence vpon a due north west Ijne into the country vntill eight miles be expired.
2'y. The dividing bounds betweene Sacoe & Scarborow shallbe that riuer Cape Porpus, coinonly called the Little Riuer, next vnto Scarborow, & from the mouth of ^'^^^ ^ j,^"/ the sajd riuer shall ruime vpon a due northwest lyne into the country, vnto ™o"tli bounds. the extent of eight miles.
S'y. The dividing bounds betweene Scarborow & Falmouth shallbe
from the first dividing branches of Spurwincke Riuer, from thence to runne
vp into the countrje vpon a due north west Ijne vntill eight miles be extended,
and that the easterly bounds of Falmouth shall extend to the Clapboards
Islands, and from thence shall runne vpon a west Ijne into the countrje till
eight miles be expii-ed.
NICO: SHAPLEIGH,
EDW: RISHWORTH,
ABRAHAM PREBLE.
The Court approoves of the retourne of the comissioners in reference to y"^ bounds aboue exprest.
Layd out for M' Deane Winthrop five hundred acres of land, & two hun- M' Deane dred for Frauncis Vernon, as it abutteth vpon Meadfeild lyne, in part towards ^p^es and 200 the south, & a stony ridge in part, and Bo£;gestow Brooke in part, towards Founds \er- the east & south east, and vpon a pond in part towards the west, & the wast out. lands on all other parts. Aprill 1, 1659.
By me, JOSHUA FISHER.
The Court approoves of this retourne.
*Lajd out to Lef ? Peter OHuer, Cap? James Oliuer, Capt James John- [*326.] son, & Ensigne John Euered one thousand acres of land in the wildernesses on J""« 7, 59. the northern side of Merremake Riuer, lying ab' Nahamkege, being bounded cap' James w"" INIerremake Riuer on the south and on the west, the wildernes elswhere O'"'^"'' "^^P'
Johnson, tn
surrounding, according to marked trees, as by a plott taken of y* same is signe Euered
. Vands lajd out.
demonstrated, & is on file.
By JONATHAN DANFORTH, Surveyor.
The Court allowes & approoves of this returne.
400 THE RECOKDS OF THE COLONY OF
1659. Lajd out to Cap? Thomas Sauage, Capt Frauncis Norton, Left W"" Hud-
^ son, & M' Jeremiah Houchin one thousand acres of land in the wildernesse
12 November. • i c •» r i -n
Cap' Sauage, °^ *^^ '^^^^ ®"'^ °^ Mcrremak Rmer, vpon Samon Brooke, begining at Norton, Lef Sagumskuffe, and so riming doune the riuer or brooke, one part or parcell
Hudon, & M' ^ - ' ^ 1
Houchin lands of the same conteyning about nine hundred thirty fower acres, more or lesse ;
laid out. -, ^ T, ^ . . . . , ,
also, one part or parceil conteignmg sixty six acres, more or lesse, nere ad- joyning there-vnto, being bounded w"' the wildernesse according to marked trees, as by a plott taken of y* same is more fully demonstrated, & is on file.
By me, JONATHAN DANFORTH, Survejor. The Court approues of this retourne.
M' Dummers Lajd out to M'' Richard Dummer eight hundred acres of land in the wil-
out. dernes on the northerne side of Merremacke Riuer, begining at Weekasoake
Brooke, being bounded therewith & Merremak Riuer on y'' west, adjoyning to farmes lately lajd out to Peter & James Oliuer, & some others, on the south, the wildernesse elswhere siu-rounding according to marked trees, as by a plott taken of the same is more fully demonstrated, w"^"" is on file.
By JONATHAN DANFORTH, Surveyor.
The Court approoues of this retourne, so as it exceed not fiffly acres aboue the soiiie of eight hundred acres.
Ans' to Charis In ans' to the petlcbn of Charles Toune & Cambridge, the Court, hauing
Camb' petii-on Considered the grounds of this peticon, & of how great concernment it is y' all due encouragement be given thereto, judge meete to graunt to each toune a thousand acres of land, vpon condicon y* they foreuer appropriate it to that vse, & w"^in three yeers, at farthest, lay out the same, & put it on improove- ment ; & in case that they faile of majnetajning a grammar schoole during the sajd tjme they «hall so doe, the next gramar schoole of w' touuesoeuer shall haue the sole bennefitt thereof.
3 June, 59. Lajd out, according to the order of the honnored General! Court, May
knr"*^'"^' the 11*, 59, the farme of M' Edmond Rice, of Sudbury, in y" place appoint- ed by y'= Court, that is, first begining at a hill leaving Conecticott path on the north or northwesterly of it, and a brooke on the south of it, & two hills & a litle peece of meadow on the east of it, w"' fiue acres of meadow lying on the east side, being part of y" same graunt; also the sajd tract of land being bounded w"" the wlldernes on the west, all which said tract of land conteineth
1000 acres of land to each.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 40I
eighty acres, being survejed & measured by \s, wliose names are vnder 16 5 9.
•written, the day & yeere first aboue written. *~ "* "^
12 November. THOMAS NOJES,
JOHN STONE.
The Coiu-t approoues of y* retourne.
In ans' to the motion of Majo'^ Humphrey Atherton, that -whereas -f Major Ather- Genll Court, in the yeeres fiffty, & sixteene hundi-ed fiffty & eight, graunted **"" '""' *""' him fiue hundred acres of land, & ordered it to be lajd out nere Norwottock, W'' afterwards was ap^hended to be fjudiciall to y' plantacon, at the request of y* Court, he yeilding vp his interest therein for y' coinon good, now requesting his sd farme, w''^ such addition as this Court sees meet to graunt him, may be layd out by M'' Danforth, or his order, in any place not taken vp by order of this Coui-t, the Court grauhts his request, & graunts him, as an addition thereto, two hundred acres, w'^'^ seuen hundred acres to be lajd out by M' Danforth, or his order, as is desired. ,
*In ans' to the peticon of Edward Hutchinson, atturney to Richard [* 327.1 Hutchinson, humbly craning that a reveju be graunted of the case betweene Ship Exchange
orGoodfellow
him & Cap? Thomas Clarke, concerning the eight pt of the ship Exchange, to belong to formerly Goodfellow, or y"^ some other effectuall course, whereby y'' id Richard gg. Hutchinson may be releived, &(3, the Court graunts his request, a hearing of the case, pvided he put in caution to beare the chardg of the Coiut, accord- ing to law. The Court hauing heard what both partjes could say, the whole Court, mett together, voted that the former judgm' of this Court, giving the shipp Goodfellow to Cap? Clarke, is hereby reuerst, this Court judging the sajd ship to be M'' Hutchinsons, & graunted y* sajd M"" Hutchinson, as costs for chardges of tliis Court, seven pounds tenn shillings, & for his oune chardges, seven pounds fiue shillings; in all foureteene pounds fiueteene shillings.
In ans'' to y* petlc6n of George Halsall, humbly desiring that Jane, his Courts revers- wife, lately divorced from him by the Court of Asistants, 1656, may be Afistants" retourned to him, &S, the Court, on a hearing of the matter conteined in his J"'^s™' ^^'
Joane HalsaU.
petition, and duly considering of all the evidences by both partjes produced in the case, doe order, that the judgment of the sajd Court of Asistants in reffer- ence thereto be voyd, and that the sajd George Halsall shall haue and enjoy the sajd Joane Halsal, his wife, againe. f !^- ^"'=''"*
•> ' > o & Deacon
In the case depending betweene Richard Brackett & Samuell Basse, of Basse ag'Fri
. , . ' _ _ _ zell, M' An-
Braintrje, in behalfe of the toune, plaintiff's, against John Andrews & Benjamin drews, &c.
VOL. IV. PART I. 5 1
402 THE RECORDS OF THE COLONY OF
1659. Phippeny, defendants, in an action of the case for giving John Frizell so
■" much licquors as made him druncke, & occasioned his miserable freizing, the
Court, on a hearing of the case & evidences, doe find for y^ defendants costs
of Court.
Ans' to New- In ans'' to the peticon of M"' Edward Woodman & other inhabitants of
DGrv 136ti
Neubury, humbly craving the favo' of this Court to graunt them a new plan- tation on Saco Riuer, westward of the bounds of Saco, &d, the Court judgeth it meete to graunt the peticoners eight miles square in the place desired, pro- vided the giue in theire resolutions, as is exprest in theire peticon, in one years ensuing this date.
M» Coles & Lajd out to M"^ Samuell Cole, of Boston, fower hundred acres of land in
farmes. '■^^ wilderness, on the westerne side of Merremacke Riuer, beginning at
Nacooke, one part of the same, about fiffty & fine acres Ipng vpon the sajd brooke, and joyning to Merremacke Riuer, runing vp the brooke about two hundred fiifty & two pole; also, one part or parcell of the same, adjoyning to the sajd riu%r, begining about three quarters of a mile aboue it, and so runne vp the riuer two miles & thirty fower poles, as by the plott is demonstrated , also, three patches of meadow, lying distinct from the aforesajd lands about two miles, two of them lying at Forrest Feild Hill, the third somewhat dis- tant from them ; also, a smale parcell of meadow lying vpon a brooke, (called Litle Nacooke,) which brooke runns through the sajd ffarme. The content or superfitia of all the aforesajd parcells are fower hundred acres of land, all w* land are well & sufficjently bounded, & marked w"" C. May 11, 1659.
By JONATHAN DANFORTH, Survejor.
The Court approoves of this retourne, provided that this fower hundred acres be made vp seven hundred acres backe from the riuer, out of w""" Cap? Edw Johnson is to haue his three hundred acres indifhrently lajd out, respect- ing both meadow & vpland ; M'' Cole to haue the chojce, but Capt Johnson to bear half the charge of laying of it out, relating to what hath already binn expended or what further remajnes.
Cap* Pinclions In ans' to the petition of Cap? John Pinchon, the Court judgeth it meete
to graunt him one thousand acres of land, fower hundred acres whereof in reference to moneys disbursed by his ffather, the rest vpon other considera- tions, provided that it be not layd out in more then two places, and that it be not already graunted to any other, nor hinder a plantation. [*328.] *Whereas M"^ John Wilson, Sen, hath mett with seuerall disappointments
THE MASSACHUSETTS BAY IN NEW ENGLAND. 403
about laying out his thousand acres of land graunted him by this Court 1659. aboue twenty yearcs since, it is ordered, that jM'' Danforth be desired & here- ' ' ' by impowred, by himself or his order, to lay out the sajd thousand acres in i.j,Trr-i one or two places where it shall be found. 1000 acres.
A bill of chardges lajd out by Capt Richard Dauenport on the new Cap'Dauen- Castle, the pticculars amounting to fForty pounds eight shillings & eight penc, chardges of being presented to & pervsed by this Court, the Court ordered the Tresurer ^i^ 8 S-" allowed. of the countrye to dischardge it.
In ans'' to the peticSn of John Alcocke, humbly desiring the favor of this Ans' to M' Court to graunt him two hundred acres of land in lejw of two hundi-ed acres „J^Z^ he grattiffyed y" plantation of WhipsufFerage out of his oune, the Court graunts his request, provided the inhabitants of Whipsuiferage haue y* sd two hun- dred acres in theire possession.
In ans'' to a motion in behalfe of those that haue attended of late vpon Edw. Cowels y* honnored GoQn"", referring to arreai-es for service donne, for ans'' wherevn- service a«end- to, although the Court hath by an order made already provided in this case, '"^ °° ^' ^°^'
n".
yett for seuerall reasons inducing, the Court judgeth it meet, relating to the tjme past, to grattify Edward Cowell w"" the graunt of two hundred acres of land where he cann finde it, according to lawe, in full sattisfaction of his demaund, provided that henceforth they expect payment according to order.
It is ordered, that Marshall Richard Wajte, for his great & dilligent MarshaU paines to suiiion those that entertajued the Quakers to this Court, ryding both -g^^^, ^ "" ™' day & night, shall be allowed out of the tresury of the country the some of fiue pounds.
"Whereas this Court is informed y* Pasaconaways sonne, now in prison as Indians liberty surety for y« payment of a debt of forty fiue pounds or thereabouts, hauing land^in'jie'rre- nothing to pay, but affirming that sevierall Indians now in possession of a smale ^^"^ Riuer. island in Merremacke Riuer, about sixty acres, (the halfe whereof is broken vp,) are willing, after this next yeares vse of theire sajd ground, to sell theire interest in the sajd island to whomsoeuer will giue most for it, & so redeeme the Passaconaway sonne out of prison, it is ordered, that the sajd Indians shall haue liberty to sell y* sajd Island, for y® ends aforesajd, to him y' will giue most for it.
Whereas the Gen Court, in May, 1656, graunted some lands to Thomas Ans' to Lake & ptners, the sajd Thomas Lake humbly desiring that a coiiiittee of fower peticon. persons may be impowred, or any two of them, to lay out the land graunted according to the graunt of y" Coiu-t, it is ordered, that Lef? Robert Pike, Lef ? Hussie, M'' Thomas Bradbury, & Robert Page be appointed a coiiiittee,
404 THE RECORDS OF THE COLONY OP
1659. or any two of them shall & hereby is impowred to lay out the land herein ^ mentioned, making retourne thereof to this Court.
12 November. • i i • ^-t . /vi
Hampton V pon a motion made to this Court in reiferenc to the keeping of
Court. Hampton Court, it is ordered, that Majo"' Humphrey Atherton be joyned w""
M'' Russell & the rest of the magis*' appointed to keepe the sajd Court at the
time appointed. Hampton It is ordered by this Court, that Hampton Court, adjouined to y" second
iournment Twesday after the end of this session, that the sajd Court be adjourned to the
twenty ninth of this Nouember. Aus' to y« Car- In ans'' to y" peticon ^ Thomas Cartar, Joseph Carter, & Samuell Carter,
TJ'^'!""™ the Court iudgeth it meete to order that the case concerned therein be re-
relation to y *' "
orphantsof ferred to the County Court for Midlesex, who are hereby impowred to act
W" Greene.
in all the pticculars therein menconed for the pvission of the orphants, &
impowring ouerseers, & taking in the accompts of such as haue binn im-
ployed therein, & giving dischardges to them ^ shall seeme meete and tequall.
r*329.J *In ans' to the peticon of the inhabitants of Concord, it is ordered, that
Courts ans' to Cap? Lusher, Left Eoger Clap, & Deacon W™ Parkes shall and hereby are
Concord peti- _ _ .
con ab« bridges, inipowred as a comittee to heare & examine theire complaint, & what they shall finde theire chardges expended in vpholding of such bridges as are order- ly allowed for county bridges to be more then theire due proportion, compared with theire neighbo'^ tonnes, shall be annually pajd them by the Tresurer of that county, any former custome or order of this Court setling the same not- withstanding. leP Fisher to Ii ^iis"' to the request of Cap? Eliazer Lusher, it is ordered, that Lef ?
^^ P^^tf^T' Joshua Fisher shall & hereby is impowred to lay out two hundred and fifty er. acres of land to him somewhere neere Meadfeild, or elswhere, where it may
be found according to the graunt. Custome of In ans'' to the peticon of Edward Michelson, the Court judgeth it meete
° ""^t'dV^^ *° graunt the peticoner the custome of strong waters for his recompence of Edward Mich- service he doth to the country, as formerly he hath had.
elson.
Lef Ciappssoo I^ ans"' to the peticon of Left Roger Clapp, the Court judgeth it meete
acres ofland. ^o graunt him fiue hundred acres of land.
M' Winthrops Amos Richardson, Tho Goold, & Jonathan Danforth are by this Court
farme to be impowred to lay out M' Winthrops farme according to the graunt of this Court,
2 3 A, 1638. M' Corletts ^^ ^^ Ordered, that Left Joshua Fisher is & hereby shall be impowred to
farme to be j^„ q^^ ]yj;r Corletts farme of two hundred acres, scraunted him by this Court,
lajd out. •' > o J '
in any place not legally taken vp.
Ans' to Enger- o t> ^
sails peticon. In ans'' to the peticon of John Engersol, Thomas Sallowes, & Paul
THE MASSACHUSETTS BAY IN NEW ENGLAND. 405
Mansfcilcl, humhly desiring the fauor of this Court to graunt them the isLiucl 1 G 5 0. called ftlortons Misery, tlie Court sees no cawse to graunt thcire request. ""■ "^ '
In reference to the case brought to this Court by the Magis'* non agreem' _ "
° J o o Courts judg-
w"" the verdict of the jury at a speciall Court held at Boston the ninth of mcnt in Capt.
Clark & Capt.
.Sept, 1659, betweene Capt Thomas Clarke, plaintiffe, & Capt Jn° Pearse, Pearsescase. defendant, for an account of the eighth pte of y" shipp Exchainge, the Court, on a hearing of the case, & the seuerall allegations & euidences produced on either side, the Court found for the defendant costs of Court twenty one shil- lings & sixepenc.
Whereas this Court graunted a former liberty to any three associates of County Court the county of Yorke, respecting theire remotenes from magistrates & the seate !" °/ 3" ^ . of authority, to keepe a County Court in September, at Saco, yearely, if they "**^- see cause, this Court, considering that the greatest and most generall occasions of Wright vsually arising at the hither part of the sajd county, it is there- fore ordered, that any three of the associates for the county of Yorke are & hereby shallbe impowred to keepe one County Court yearely, either at Yorke or Kittery, in the latter end of June, or in July, as occasion doe require, pro- vided due notice be giuen of the tjme according to former order.
"Whereas John Stone & Andrew Belchar were appointed to lay out a farme M' Chancjes for M'' Charles Chauncey, president of Hai-vard Colledge, we haue gonn & "^"^ ^^ looked on a plan, & there is taken vp a tract of land bounded on this manner : on the east a little swampe neare an Indjan wigwam, w* an orchard of aple trees belonging to the wigwam, a plajne joyning to the swampe, the plaine runing to a great pond, & from thence to Assebeth Eiuer ; and this Ijne is circuler on the north side ; the south Ijne runing circuler to the south side of a peece of meadow called Jacobs Meadow, & so to continew till it reach to the sajd Assebeth Riuer. 18 8 111, 1659.
ANDEEW BELCHAR.
The Court allowes & approoves of this retourne, so as what is lajd oiit exceed not fiue hundred acres.
*In ans"^ to the request of Elizabeth Majnard & James Johnson, adminis- [*330.] trators to the estate of John Mainard, deceased, humbly desiring liberty & Ans' to Eiiza-
1 . nil o 1 c 111 '"^'^ Mainerda
authority to sell the house & garden of y" deceased, that thereby they may be peticon. enabled to dischardge the debts, itt is ordered, that the case be referred to the hearing & determination of the County Court of that sheire, w"" whom y' inventory & accompts of debt & credit of y' estate are vpon record.
406 THE KECOKDS OF THE COLONY OP
1659. In ans'' to the peticon of ]SP Samuell "Whiting, in behalfe of his
"■ '^ ^ brother M'' John Whiting, & M' Richard Westland, aldermen of Boston,
for this Courts graunt of fower hundred acres of land a peece, in con- Ans' to M' ° '■ '
Whitings peti- sideration of fiffty pounds a peece long since lajd out in the coiiion ad- con, 800 acres ^ /-^ i • * i^ t
to Jn° Whiting Venture, the Court graunts ms request, i. e., fower hundred acres a peece itn^"^''^ ^''^*" to them, the sajd John Whiting & Richard Westland, & theire heires & as-
signes, & that it be lajd out adjoyning to such lands as are taken vp by order
of this Court. An island of In ans'' to the motion of M"' Samuell Symonds, the Court judgeth it
d t'"^M?^s"-" ' 'neete to graunt him any island in Casco Bay not exceeding fine hundred monds. acres, being w""in our lymitts & not formerly graunted, as a recompenc for
his great paines, losse of time in y' cheife of suiiier, & his good service in
taking in the easterne parts the last yeere. Charts Toune In the case betweene Charls Toune & Thomas Gold, itt is ordered, that
M'' Danforth, Ephrajm Child, & Capt Johnson be impowred as a coiiiittee to
vejw the bounds betweene them, the land & fence in controuersy, & to make
retourne of what they find to the next Court of Eleccon. Courts recora- Itt is Ordered, that John Marshall shall haue twenty shillings pajd him
M°'^h 11 " ° ^y ^^'^ country Tresurer for clensing the Court house, drawing of wood,
making of fire, &S, for y' last yeai'e. Freemen re- Whereas some yeares since seuerall gent & others, which were freemen
moovcd from ^|- ^j^^j^ iurisdiccSn, remooved themselves from vs into the iurisdiccbn of Conec-
Conccticott re- "^ **
main freemen, ticott, w"^'' are lately returned, concerning whom this Courte thinkes meete to unubsioneis (-[g^j^.^.g tljem still to be freemen, w^'out taking any further oath, & for such as
power to glue ^ o j '
freemans oath ^yg ^qi^ freemen in any of those plantations vpon Conecticott Riuer, it is or-
at Springfeild.
dered, that the coiiiissioners of Sj)ringfeild shall haue power to administer the
freemans oath to any that are capable by lawe to take it, as also that the new
toune vpon the sajd riuer be vnder the power of Springfeild coiuissioners, iu
reference to County Courts, till this Court take further order.
200 ac's to In ails'" to the petition of Richard CoUecott, the Court, knowing the read-
0 ecott. j^^gg ^£ j.j^g petitioner at all tjmes to be servicable to the countrje, doe graunt
him two hundred acres of land adjoyning to such as be lajd out by order of
this Court.
Major Ather- IM'" Humphrey Atharton & ISI"^ Richard Russell is appointed by this
Bell fo ktV^"**" Court to joyne w"' Cap? Wiggins in keeping the County Court at Hampton
Hamptcin on adjournment, y'^ 2* Twesday after the end of this present sessions of the
Court.
Generall Court.
The Court, hauing considered of the seuerall offences of those persons y' entertayned the Quaker^, w"' the answers giuen in by them respectiuely, doe
12 November.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 407
order, that James Rawlings, being more innocent & ingenious then the rest, 1 6 .5 9. be only admonished by the honnored Goueno', w'^'' was donne.
2. That Anthony Emery pay as a, fine to y" country tenn pounds and tenn shillings for making a lye in y" face of the Court, & be disfranchised.
3. That Thomas Spencer pay as a fine to y' country for his entertayning the Quakers the soiue of fiue pounds, & be disfranchised.
*4. That Richard Nason, for the like offence, pay fiue pounds also, & [*3.31.] be disfranchised. Coiirts censure
of y y^ enter-
5. That Richard Swayne, for his entertayning the Quakers, shall pay as tajned y Qua- a fine the soiiie of three pounds, & be disfranchised. '^^^'
6. That Zackeus Gold pay as a fine for his entertajning the Quakers the some of three pounds.
7. That Thomas Macy pay as a fine the some of thirty shillings, and be admonished by the Gouerno"'.
That Edward Wharton, who accompanied the Quakers, & pilatted them Edward Whar from one place to another, for his bold attempts, shall haue corporall punish- ment, i. e., whipt w"" twenty stripes, & coiuitted to prison, there to remajne till he bring suertjes for his good behaviour.
And that attachment issue out ag' John Heard for his contempt, & y' he appearc before y* next Generall Court, & y* Nicho Hogsden be sent for to appeare at the same time.
In ans"' to the petition of John Smith, of Charls Toune, humbly desiring Courts ans' to this Courts confirmation of laud that Jetlrro, y'= Indian, tender to sell to him jj^j, to sattisfy a debt he owes him, the Court judgeth it not meete to graunt his request.
In ans' to the peticon of Capt W™ Torrey, this Court judgeth it Ans'toCap> meete to confirme Slatt Island to him, on y* condicons in this Courts graunt ^q^_ thereof, October, sixteene hundred & fiffty, he having now pfected the the Depu'^ booke of coppies of records.
Henry Chickering is hereby impowred to solemnize marriage betweene Hen. Chicker- two or three couples, legally published, at Dedham, Capt Lusher being now to°^arrv* attending y* Court. June 20, 1659.
The determination of vs whose names are subscribed, impowred by order
of the Generall Court to the setling of the chardges in refference to a difference
betwixt Capt Edward Johnson, Ensigne John Carter, & Thomas Dutton,
which three petitioned the Court for a determination. Comittees re-
Impri. Wee say, that Thomas Dutton shall pay to Ensigne Carter the toume in Car- ters case & charges of Charles Toune Court, the soiue of three pounds two shillings & Cap' Johnson.
fower pence. ^
408
THE RECORDS OP THE COLONY OP
1659.
12 November.
2'''. The chardges, at Wooboiirne, of the coraittee, w"" wittnesses, the some of sixe pounds, the w'^'' sajd some of sixe pounds is to be sequally devided betwixt the three petitioners, that is, forty shillings each petitioner.
Lastly. "Wee agree, that, whereas Thomas Dutton hath clamorously abused Ensigne John Carter, calling him theefe & Ijar, and in saying the sajd Carter hath stolne the childrens land, he, the sajd Dutton, the next Lords day, in a full meeting, doe then and there acknowledge that he hath wrong- fully abused the sajd Carter, which he refusing, wee judge meete, that he pay vnto the sajd Carter the some of tenn pounds starling, at or before the twen- tieth of the next December after the date hereof. The Court, on perusall of this retom-ne, signed by Ephrajm Child & Edward Cakes, doe allowe & ap- proove thereof.
Courts judg- ment in Whit- t.icres & God- frys case.
Oldaras .500 ac" confirmed to JI' Dunier by Water Tonne & Court.
In the case depending betweene Abraham Whittacre, plaintiffe, & John Godfrey, defendant, the Court, on a full hearing of the case & the evidences produced, doe find for the plaintiffe tenn bushells of wheate & costs of Court, i. e., thirteene pounds fower shillings & seven pence.
In ans'' to the petition of the inhabitants of Water Toune for this Court hearing & determination of a case betwene them & M"^ Richard Dunier, re- lating to M' Oldams graunt of fiue hundi-ed acres of land vf^Hn theire Ijmitts, the Court having ordered a hearing of this case, Ephrajm Child, deputy for Water Toune, in the name of the toune, decljng a hearing, presented a vote of y*^ toune of Water Tonne, dat 24"^ October, 1659. Voted at a publike toune meeting, that the fiue hundred acres of land once the land of M' Oldam, but now lajd to M' Duiner, in the bounds of Watertoune, doe remajne his, the sajd M'' Dumers, w"'out any of the tounes opposition. Wittnessed by me in y* name of the toune.
EPHRAJM CHILD.
The Court accepts of this returne of the toune of Water Toune as that w* putts an end to y" controuersy mentioned in this petition, and confirmes the land accordingly to M'' Richai-d Duiner.
r*332 1 *Wee, whose names are subscribed, being appointed by the Generall
Court to lay out the bounds of the Indian plantation called Naticke, having considered the lands neere adjoynlng to the sajd place, doe finde that diuers former graunts of toune boundes & farmes doe greatly obstruct the convenient accoiiiodatlon of the sajd plantation w"" suitable lands, doe hereby order & determine, (not medling w"* what is still controuersall betwixt Dedham &
THE MASSACHUSETTS BAY IN NEW ENGLAND. 409
Naticke,) that the bounds of the sajd plantation shall extend by the liuer 1659. from Naticke present meeting house as farre as the house of Nicholas Woods, ''
12 Novembci
& from his house to be continewed vpon a westerly Ijne fower miles, and Naticke westerly the bounds thereof to extend as farre as Chochittuate Brooke at the bounds. coiiion passing place or high way that leadeth from Sudbury to Jn" Stones house, and from thence the bounds ^ to be John Stones land & Sudbury Riuer, extending vp Sudbuiy Riuer fower miles, to be measured by a streight Ijne from the aforesajd coiiion wadeing place on Chochittuate Brooke, and from the sajd termination of fower miles to be bounded by a streight Ijne extending to the aforesajd termination of fower miles that leadeth from the aforesajd house of Nicholas Wood ; and all the land lying w'l'in the sajd compasse ad- joyning to the bounds of Sudbury, Dedham, & Water Touiie, not formerly graunted by the Generall Court to any toune or particcular persons, to be & remajne to the vse & only behooffe of the sajd plantation, provided alwayes none of the Indians or theire successors shall haue power to sell, aljenate, giue, or dispose of any the sajd lands from the sajd plantation, nor shall 20 October, any of the sajd lands be Ijable to any judgment or execution in any ciuil action, w*''out the consent of the Generall Court first had & obtejned, but all such act or acts to be accounted illegall & voyd in lawe, whether to Indians, English, or any other nation or people whatsoeuer ; provided that this shall not prohibitt the sale or aljenation of any the sajd lands from one Indian to to another, hauing the approbation of such of the honnored magistrates as shall from tjme to tjme be ordered to attend y'' sajd plantation in matters of judicatuie.
SYMON WILLARD,
HUMPHREY ATHARTON,
THO: DANFORTH,
ROGER CLAPP,
ISACKE HEATH,
WILLJAM PARKES.
The Court, before they consented to this retourne, ordered, y' y' toune of Dedham should haue notice giuen them, y' they haue liberty to send some persons to plead theire tounes interest, or w' else they haue to say in y* case before the Court the next fowerth day, & that M"^ Elliott also haue notice 28 : 8 mo., 69. giuen him to be present at the time appointed,
Vpon hearing of both partjes, itt is agreed & consented to by all ptjes, that whereas mention is made of Naticke meeting house for a point to guide the Ijnes that standeth w"'in Dedham lands & bounds, it is to be understood
VOL. IV. P.VRT I. 52
410 1G59.
' r '
12 November.
THE KECORDS OF THE COLONY OF
that the graunt to the Indian plantation is only of such lands that are free from former graunts, & haue not binn taken vp by others, by order of this Court, and that this guift of the Court beginns where the sajd Ijnes doe meete w''' Dedham Ijnes, and no lands formerly graunted to Dedhani is included therein ; and so the Court allowed of the retoiu-ne aboue signed w"' this condition added thereto.
Rent of bevare trade to pur- chase pouder. Aditiou to y country rate 4p<.
[*333.]
1000 acres of land g'ed to Anna Cole & Anna Keayne.
Comissioners of Boston sworne.
Ans' to Cap' Clarks peti.
Courts order as to Major Gen" Dennisons land.
Courts sen- tance of seUU Quakers.
Voted by the whole Court, that the rent for the bevar trade this yeai-e be lajd out by the Tresurer for pouder for the countrj-s store forthwith.
It was voted also by the whole Court, that the Tresurer chardge on the seuerall counstables one quarter part of the annuall rate more then their proportions already chardged.
*Iu consideration of the late Capt Robert Keaynes libberall guifts to the country in his will, the whole Court mett together voted, that M'^ Anna Cole, the late relict of the sajd Capt Robert Keajne, and Anna Keayne, the grand child, shall haue fiue hundred acres of land a peece lajd out to them & theire heires where it is to be found.
Ca])t Tho Sauage, M' Edw Tyng, M'' Anthony Stoddard, M' Jerremjah Houchin, & Edward Rawson being presented by the counstables of Boston as chosen by y^ sd toune comissioners for this yeare, had theire oathes giuen them by the Gouernor in open Court, Cap? Tho Clai-ke & M' Rich Parker not present.
It was voted by the whole Coiurt mett together, that Capt Thomas Clarke shall haue liberty to come in as a creditor to M"" Sellecks estate, & haue his proportion therein according to what he makes good prooffe to be due to him.
The Majo'' Generall Daniell Dennison declaring that his farme, nere the Dep'ys, was not lajd out, by reason of his being on y* countrys service, at his request the Court mett together voted, that the land mentioned in his petition be no ways taken vp by any on Merremake Riuer till the next Court of Election.
Daniell Gold, Robert Harper, Alice Couland, Mary Scott, Hope Clifton, W™ King, Margaret Smith, Mary Traske, Provided Southwicke, & Hannah Phelps being all of them apprehended & coiiiitted to prison for adherence to the cursed sect of the Quakers, hauing beene called before this Coui't, openly shewing theire contempt by refusing to giue any ciuil respect, & vpon the quaestion put to them not disouning the same, nor theire submission to the order here established, either in church or coinonwealth, all w'^'^ being consid- ered, w"' theire disorderly practises & vagabond like life in absenting them- selves from theire family relations and runing from place to place w^'out any
THE MASSACHUSETTS BAY IN NEW ENGLAND. 411
just reason by them rendered, the Court doth order, that Alice Couland, 1 G 5 9.
Hannah Phelps, ISIary Scott, & Hope Clifton be admonished ; that Daniell ' '^ '
Gold be whipt w"' thirty strij^es, Robert Harper w"> fiffteene, W"' King w*
fifFteene, Margaret Smith w"» tenn, Mary Traske w"" tenn, & Provided South-
■\vicke w"" tenn ; that Daniell Gold, Robt Harper, AUce Couland, Mary Scott,
& Hope Clifton shall depart this jurisdiction ■\v"'in fiue dayes, w"^ if they faile
in, shallbe coiiiitted to prison, to be proceeded w"^ according to the lawe ; the
rest to be coiiiitted to prison, to be proceeded w* as the law dii-ects. This
was voted by the whole Court, to be declared by the Gouerno"", Dep*y Gou:,
& Magis'^ & Deputyes in toune on the morrow, at nine in the mornng, w"^**
was donne accordingly & executed.
In ans'' to the petition of W" Arnold, the Court, hauing by a coinittee Ans' to Ar- examined it, doe finde that the petitioner being authorized by this Court to act "° " '"' "'°°' in behalfe of the countrje, his complaints referred to these two heads : 1. That on a ballauc of account there resteth due to him seven pounds fiue shillings eight penc.
2. That such goods as he receavcd in pt of sattisfaction for what he expend- ed by virtue of the sajd coinission haue beene taken from him by the inhab- itants of that place where he liueth, w"' great damages accrewing to him therebv ; and doe order in ans' to the 1'' complaint, that his account presented be pervsed by M' Collecott, who was in coinission also for that designe ; and that in case it doth not appcare the sajd debt hath binn fully payd, that the bal- lanc of the sajd account, when pervsed & rectified, if any error appeare, be forthwith sattisfied out of the coimtry tresury. To his second complaint, the Court, finding that the sajd Arnold hath since his comission voluntarily left the protection of this Court, & joyned himself w"> the people of whom he complajnes to be thus wronged, but being honestly paid by those that coiiiis- sionated him, doe judge it not ffiquall that this Court should make him sattis- faction for the wrong that his oune people hath donne him ; but in case the matter be reall, and the petitioner doth aphend his cawse to be just, he may haue liberty, by himself or his attourney, legally to seize the persons or estates of such as haue binn acto''s therein, finding them in this colony, & bring the case to trjall in any Court of judicature.
*In obedience to the act or grant of the honnored Generall Court of the [*33-l:.] Massachusctt in New England, lajd out & exactly measured. Major Symon M^JorWiUards
farme of 500
Willards farme, conteyning fiue hundred acres, scittuate, lying, and being, for acres by Groa- the most part, on the east side of Groaten Riuer, betwixt the plantation graunt- ed to the inhabitants of Lancaster, and the now inhabitants of Groten, at tlie
412 THE RECORDS OF THE COLONY OP
1659. place -W^^ is called by the Indians Nanajcoyijcus, begining at the great riuer ^ ■'' ' side, about one hundred rodds to the nortward of Nanajcoyijcus Brooke ; be- gining, wee say, at the riuers side, runing a due east Ijne ninety fewer rodds, there making an angle varying forty fine degrees to the southward ; then runing one mile and a halfe and forty rods vpon a south east point, there making an angle varying twenty degrees from the old Ijne ; runing on that point sixty rodds, there making an acute angle of sixty degrees ; runing on a west & by south point halfe a mile, there making an angle varying t'i\o & twenty degrees to the northward ; runing on a west & by north point one mile, there making an angle vaiying thirty three degrees from the old Ijnc ; runing on a north west point to the riuer, it being seven score rods, and from thence vpon a streight line to the place where wee begann, w'^'' last Ijne doth crosse Groten Riuer twice.
This by me, THOMAS NOJES.
The Court allowes & approoves of this returne, provided the thirtje acres lajd out ouer the north east side of the riuer be left out & taken on some other part of the Ijnes, & that there be not aboue one hundred acres of meadow lajd out in this farme.
Att a County Coui-t held at Cambridge, October 4"*, 1659.
Whereas the last Generall Court held at Boston ordered, that this Court should examine the controuersy depending betweene the execcuto" of the last will & testament of M"^ Edward Goffe, deceased, and his sonne, Samuell Goffe, both partjes hauing had tjmely notice & liberty to present theire re- spective pleas & evidenc in y* case, —
The retourne of this Court vnto the honnored Gennerall Court is as foUoweth : viz., wee find, —
Sam. GofFs 1. That the pleas of the sajd Samuell, for the substanc thereof, may be
comprised vnder these following heads : —
1. That the houses & lands of the sajd Edward Goffe (at least in reuer- sion after the widdowes death) doe belong vnto the sajd Samuell by virtue of a promise made by the sajd Edward for obteining the marriage of the sajd Samuell w"' Hannah Bernard, for evidenc whereof he presenteth the testi- mony of M"' Broune, Ensign Shearman, & y" young womans mother, w"" arguments of the ajquity thereof, from his long service to his ffiither, for the gayning & vpholding his fathers estate w"'out considerable recompence.
2. That his ffather, on the consumation of the marriage treaty, engaged
THE MASSACHUSETTS BAY IN NEW ENGLAND. 4I3
to glue him for his present supply two hundred & tenn pounds, and at his 16 59. death a double portion. ^' r •'
3. That he is greatly wronged by the execcutors, — °^'^" ^''
(1.) By exliibbiting to this Court a doubtfull writing as the last will of Iiis ffather ;
(2.) By not exliibbiting a true inventory of the sajd estate, according to law ;
(3.) By w'holding from him his due right [1. lu quantity. according to his fathers -will, — L 2. In quallity.
2. That in ans'' to the sajd pleas the execcutors doe present to con- sideration, —
1. That the evidence of the sajd promise are the neere relations of the sajd Samuell by marriage with his wife.
2. That if any words of such tendency did at any time in discourse hap- pent to fall from the lips of the sajd Edward Goffe, yett neuerthelesse they could not be obliging, but at most in propposition only.
For euidences whereof the execcutors doe |)>sent, —
(1.) That y° sajd Samuell & wittnesses doe all confesse y' y* marriage Execcutore treaty was not at this time conSmated. ""^'^
(2.) That no mention was made of any such thing at y" consumation of y* marriage treaty by evidence presented on oath.
(3.) The sajd M"' Goffes great trouble when such a report was whispred in his life, his earnest pursuite of the author thereof, & vtter denjall of any such act to haue binn donne by him, attested on oath by diners wittnesses.
3. The illegallity of such expressions as to y° convejanc of an inhaerit- ance thereby, being, —
1. Repugnant to his fathers will & testament ;
2. Invalid by y* lawes of y* country selling inheritances.
4. The vnreasonablenes of this clajme of Samuell Goffe, thereby wholly To his ist plea, disinheriting his 4 sisters, who, by the law of God & of this coiiion wealth, &
by the will of theire ffather, are joinct heires w"' himself, especially consider- ing that Samuell Goffe maketh his clajme not only to the house «& land vallued at six hundred and nineteene pounds, but also to two hundred and tenn pounds by couenant and promise of the sajd Edward on the consuiiiation of the marriage treaty, & also, besides all this, for a double portion, whereas the whole estate of houses, lands, & chattells, reall and personall, doth not much exceed twelve hundred pounds.
*To j-« argument of Samuell Goffes deserts, they graunt it so farr for a P335.] truth ; i. e., y' for the gennerall he Ae liued in his ffathers house till his man-iage,
414 THE KECORDS OP THE COLONY OP
1659. be it twenty eight yeeres of age, more or lesse, but not as a servant, as he " ' ^ affirmeth, but as a freeman, at least for fow er yeeres & a halfe of the latter pte of the sajd time, he allowing his ffather for his board, & from his ffather he receiving full recompence for all he wrought, whither by the day or the great, for euidence whereof they present the sajd Edwards booke of accounts, wherein the particculars on each side are clearly & fully demonstrated.
To his 2'^ plea they graunt a promise of two hundred & tenn pounds, made by the sajd Edward, on the consuiiiation of the marriage treaty, to be pajd on condicbn then l^mised, as also that the sajd Edward did then declare himself fully to intend the making vp of the same a double portion at his death, but w"^all they doe present on oath his then denjall to be ingaged thereto.
To his 3** plea, that he is greatly wronged by the execcutors, 1. For that, referring to y* legallity of the will, the execcutors doe present cleare & full testimony, on oath, that the will exhibbited on record in this Court by the in- terljnings, different votes, 8c hands, what they be, yet neuerthelesse the sajd Edward declared the same to be his last will & testament, such as he would alter no parte thereof, & expressly mentioning the enterljnings therein to be his oune act.
2. For the inventory, if any error be therein, they are willing to be convinced thereof, not being conscious to themselves of any fraud or deceite by them wittingly donne or intended. Courts judgm' 3. For w"'holding his due right according to his fathers will, referring
■^ ^' as well to quallity as quantity, the execcutors haue jiresented in a schedule hereto annexed the soiiie of the whole inventory, w"" theire distribution thereof to the seuerall interests, & tender accordingly to the complajnant, as also theire humble motion to the honnored Court for the selling of the sajd estate.
Now the premisses, w'*" what hath binn psentcd by either side as evi- dence of theire rcspectiue pleas, having binn by this Court ducly considered, the result whereof is as ffolloweth : —
1. That the will exhibbited by the execcutors to this Court on record is, by sufficjent evidence, legally prooved to be the last will & testament of the sajd Edward Goffe, deceased, & may not, by any coulorable pretence whatso- euer, be violated.
2. That the clajmes of Samuell Goffe, so farre as they be repugnant to the true meaning of the testator declared in the sajd will, are illegall, & not by authority to be graunted.
3. That the ground of Samuell Goffes 1 plea are illegall, & absolutely
12 November
THE MASSACHUSETTS BAY IN NEW ENGLAND. 415
repugnant to the true meaning of his fathers will, and that he may not, ■w"'out 165 9. great injustice to the widdow and liis fewer sisters, be countenanced therein.
4. That the execcutors, according to theire best light, haue conscionably & carefully attended theire ofBce of loue to the deceased & his relations sui-- viving, & haue not binn wanting in tendring to the sajd Samuel Goffe his due proportion according to the sajd will, altho, by reason of theire refusall to graunt his aboue sajd clajme, he hath not seene meete to accept thereof.
5. That the q^uantity tendred was a full tender of what at the present did appeare, & that it was not in full of what might afterwards appeare ; & for quallity wee see no just cause of complaints, he hauing his full share of all the land & household goods : he might haue had more had he desired them. The house not being convenient to be parted betweene his mother and he, especial- ly considering how great a temptation it would in all likelyhood be to them both, either of sinning or suffering, & to leaue the widdow desolate of an hab- itation, the execcutors haue not thought it warrantable to make it theire act, neither doth this Court see cause to disallow what they haue donne therein.
RI: BELLINGHAM, Dep' Gou:, SYMON WILLARD, THOMAS DANFORTH.
The Court allowes & approoves of the retourne of the County Court referring to this case.
On a second hearing of the County Courts returne relating to the differ- enc betweene Sarauell Goffe, sonne to the late Edward Goffe, and the execcuto''s of the last will & testament of the sajd Edward Goffe, the Court, hauing fully heard what was alleadged by both partjes, doe judge that the houses & lands of Edward Goffe, the ffather, deceased, lying in Cambridge, doth not of right belong to Samuell Goffe. after the decease of his mother, any further then according to the will of the sajd Edward Goffe, the ffather, and that the hundred fiffty seven pounds thiiteene shillings & eight pence chardged by the execcuto's vpon Samuell Goffe, in the divission of the estate, be accounted but as one hundred pounds, according to his ffathers will ; and doe order, that Cap? Edward Johnson, Cap? Eliazer Lusher, & Ensigne Hopestill Foster shall & hereby are appointed a coinittee to see that the estate of the sajd Edward Goffe be disposed of according to his will & the declara- tion of this Court in refference therevnto.
This Court is dissolved.
416 THE RECORDS OF THE COLONY OF
1660. *Jltt a Gennerall Court of Election, held at Boston, 30"' May, 1660.
30 May. TTN" ENDECOTT, Es^, was chosen Gouerno'' for j" yeere ensuing, & [*336.] J ^^^^g j^g ^j^jl^_
Rich Bellinghani, Es^, was chosen Dep' Goiino'", & tooke his oath.
was chosen 1 coiiiission^
were chosen Asistants, & tooke theire was chosen Mj'^ Gen & coinissio. [oathes.
Cofnissioner in reserve, chosen Tresurer.
M' Symon Bradstreet,
M' Sam Symons,
Cap? Tho Wiggin,
Capt DanT Gookin,
Majo' Dam Denison,
Majo' Symon Willard,
Majo'^ Humphrey Atherton,
M'' Richard Russell was
M^ Tho Danforth,
M' Edward Rawson was chosen Secretary.
Majo"' Hauthorn was chosen 2'* Comissioner in reserve.
The names of the Deputjes retournd to serve at y^ Gennerall Court:
Majo' W" Hawthorn, M' Hen Bartholmew, for Salem.
Capt Fraimcis Norton, Left Rich Sprauge, Charles Toune.
Left Roger Clap, EnsI Hopstill Foster, Dorchester.
Cap? Tho Sauage, M"^ Antho Stoddard, Boston.
M' W" Parkes, M' Jn° Rugles, Roxbury.
M"- Ephrajra Child, Cap? Hugh Mason, Water Toune.
Cap? Tho Marshall, Lynn.
M"^ Edw Collings, M-^ Edw Oakes, Cambridge.
]\jr ytfm Hubbard, M"^ Georg Gittings, Ipswich.
M' Edw Woodman, Newbury.
M' Thomas Dyer, Weimouth.
Cap? Joshua Hubbard, Hingham.
M"' Tho Brookes, Concord.
Cap? Eliaz' Lusher, Dedam.
M"" Edw Holiock, Springfeild.
M' Christopher Batt, M' Tho Bradbury, Salisbury.
Lef? Christo Hussey, Hampton.
M'' Joseph Jewett, Rouley.
M'^ Peter Bracket, Brauntryc.
Cap? Rich Waldderne, Doner.
THE MASSACHUSETTS BAY IN NEW ENGLAND.
M' Hen Sherborn, Portsmouth.
M"' Edw Conuerse, Wooboume.
M'^ Humphry Chadbourne, Kittery.
M"" Ed\v Rushworth, Yorke.
M'' Rich Hitchcoke, Saco.
M"' Hen Jocelyn, for Scarborough & Falmouth.
Cap? Tho Sauage was chosen Speaker for y' session.
It being the great duty of this Court to provide that all places & people •w'*'in our gates be suppljed of an able & faithfull ministry of Gods holy word, bee it therefore ordered and enacted by this Court and the authority thereof, that the County Courts in theire respective precincts doe dilligently & carefully attend the execution of such orders of this Court as concernes the majnetenance of the ministry, & the purging of theire tounes & peculiars from such ministry & publicke preachers as shallbc found vitious in theire Hues or pernitiously hetlirodoxe in theire doctrines, and for all places destitute of an able & faithfull ministry, that they vse theire best endeavo' for the procuring & setUng of such ftiithfull laborers in Gods vjneyard, and that the charge of theire procuring & setlinge be levjed on the inhabitants, as the law for majnte- nance of ministers directs ; and that, for the future, there may be no neglect hereof, the president *of each County Court shall duely from tjme to tjme [*337.] give it in charge to tlie grand juries of theire respective Courts, to present all Provicionfor abuses & neglects of this kinde, & that w"^ all care & dilligence the same be try. redressed, that so the name of the Lord our God being kuoune in oui- dwell- ings & exalted in our gates, he may still delight in vs to continue his favorable presence w"" vs, & our vnparraleld enjoyments, both temporall & spirittuall, which, through the rich mercy of God in Christ, hitherto wee haue enjoyed, and not be provoked, thro our prophane slighting & despising thereof, to bereave vs & our posteritjes of such chojce mercjes.
Itt is ordered, that hereafter no cottage or dwelling place shallbe admit- Touneships
— 1 • 1 o 1 1 1 priviledge.
ted to the priviledg of comonage for wood, timber, 6c herbage, or any other
the priviledges that lye in coiiion in any toune or peculjar, but such as already
are in being or hereafter shallbe erected by the consent of the toune.
This Court, taking into theii'e serious consideration the present sad & Day of humil-
~ , liation.
deplorable condition of our deere natiue countrje, as well by reason oi the great distractions in that coinonwcalth as also those many provocations of the Lords displeasure by those horrid blasphemjes & wickednesses that there abound, & the many clouds houering ouer them, threatning the vtter frustrat-
VOL. IV. PART I. 53
418 THE KECORDS OF THE COLONY OF
30 May.
10 60. ing of those hopeful! beginings where with of late yeares the Lord was ""''^ ' pleased to favor, not only them & vs, bnt also his name & cause w'^all ; —
As also for our oune conditjon, altho at present his wonted favors, both temporall & spirittuall, are, through his rich & vndescrved mercy, continewed to vs, yet great reason wee haue to be seucible of our great declensions from those primitive affections, as well to the Lord, his blessed ordinances & govern- ment, as also one to another, when thro so much vnspeakable mercy he allured vs to follow him into this wilderncsse, as also the litle of his image that doth as yet appeare in the rising generation ; —
This Court doe judge meete that the one & twentjcth day of this instant moneth be sett apart by all the inhabitants of this colony, & by them kept a solemne day of humilliation for tbe imploring of the Lords favorable presence yet to be continewed w"" our deare natiue countrje, & that the issue of all theire vnsetlements & ouerturnings in church & state may be the advancement of the kingdome of the Lord Jesus, & setting vp of his throane in that land whose right it is, and for ourselves, that he would be pleased yett to continew the angell of his presence w"" vs in these our wilderness travailes, & his blessing maybe vpon vs from the begining of the ycare vnto the end thereof, & in speciall that his arme & power maybe revealed to the hearts of our poore children in theire attendance on the Lords holy ordinances, that so, not only wee, but ours after vs, in this wanton & decrying age, may w"* full purpose of heart cleaue to the Lord & all his ajipointmcnts in his house, & wee may not only haue them yet continued to ourselves, but also leaue them as a legatje from the Lord Jesus to our posterity after vs. Charge of hues For the regulating & setling the charge of prosecution of hues & cryes,
''^^^' it is ordered, that what shall arise by occasion of escape from the countrjes
prison, or flight from authoritje, to avojde the same, shall be pajd by the Tresurer of the country; and such as arise by flying from any of our county prisons, or to escape any of them, shall be defrajed by the Treasurer of that county where the occasion arise ; and such persons as procure hues & crjes vpon theire oune particcular occasions shall beare all the charge arising there- from, provided due accounts be made by such as demand pay. Free for any It is ordered, y' the law prohibbiting bringing in of mault from foreigne
mault"^ '" Pt6s is repealed, so farr as it respecteth y" importation of mault.
r*338.1 *Whereas it is found by experjence, that houses licensed for entertajne-
Bostons power ment of straungers are to much frequented by the inhabitants of the same
fences about tounes, wherein they are too excessiue in drhicking, vnproffltable expence of
inkeep's. {jmc & money, & especially in the tonne of Boston, w"^'' to prevent, this Court
doth order & hereby declare, that for this present yeare ensuing, the comis-
THE MASSACHUSETTS BAY IN NEW ENGLAND. 419
sioners and selectmen of the toune of Boston, or the majo'' parte of them, shall & hereby are enipowred & authorized to make such orders respecting theire oune toune to prevent the aforesajd abuses as they shall thinke meete, & to annex suitable fines or other punishments thorevnto.
Att the motion of some of Boston inhabitants, it is ordered, that the Boston select- select men of that toune from tjme to tjme shall & hereby are impowred to f^paL""""* order the improovement & feeding of theire coinons w"'in the necke of land <^°"^°'^- by such catle as they shall judge meete, any lawe, vsage, or custome to the contrary notw*standing.
The whole Court mett together sent for Mary Dyer, who rebelljously, Mary Djera after sentence of death past against hir, returned into this jurisdiction. Being come before the Court, she acknouledged hirself to be Mary Dyer, the per- son, & was condemned by this Court to death. Being asked what she had to say why y' sentence should not be executed, she gaue no other ans'', but y' she denjed our lawe, came to beare witnes against it, & could not choose but come & doe as formerly. The whole Court mett together voted, that the sajd !Mary Dyer, for hir rebelljously returning into this jurisdiction, (notw^'stand- ing the favo'' of this Court towards hir,) shall be, by y" marshall gcnerall, on the first day of June, about nine of the clocke in the morning, carrjed to the place of execution, and, according to the sentence of the Generall Court in October last, be put to death ; that the secretary issue out warrant accordingly ; •w'^^ sentence y* GoQno'' declared to hir in open Court; & warrant issued out accordingly to Edward ISIichelson, marshall geunerall, & to Capt James Oliuer, & his order, as foriuly.
Whereas Joseph Nicholson, & Jane, his wife, Quakers, formerly banished 31 May, 60. this jurisdiccon, on pajue of death, (& being, contrary to the sentence of the ^°°'^^ scnteno Court, found w^'in the same,) were apprehended & coiiiitted to prison, — this Jane Nichol- Court, hauing called the sajd Josej)h, & Jane, his wife, before them, & examined them of the grounds of theire not depture, doe judge meete so farre to declare theire further clemency, as yett to giue them respit, on pcenalty of theire former sentance, to depart this jurisdiccon by the next fowerth day ,• and if they, or either of them, after that day shall be found in any pte of the same, they shall againe be aphended by any magistrate, coinis- sioner, constable, or other person, & brought to the prison at Boston, where they shall be kept close prisoners, & being legally convicted thereof, shall be put to death.
Itt is ordered, that the Quakers now in prison shall there remajne vntill Order for triaU the next Court of Asistants, & that then they shall be hjed by a jury, accord- ° ^ ing as the law provides in that case.
31 May. An' to M'
420 THE RECORDS OF THE COLONY OF
1 6 G 0. In ans' to y* petlcbn of Edmond Greenlefe, the Court, hauing pvsed his
petition, doe order, that the petitioner haue a new hearing of his case betweene him & Nathaniell Boulter at y' next Coin-t of Asistants. Grcenlefs *-^r j^jj^ Webster, Senio'', of the new tonne at Norwottock, is by this
peticon.
r(iK,<,Q 1 Court comissionated w"" magistratticall power for the yeare ensuing, to act in M' Websters ^^^ civiU & criminall cases, as any one magistrate may doe, and that he joyne power. .^th j^^g comissioners in keeping the Courts at Springfeild.
M' Brad- "Whereas this Court hath heeretofore graunted to the honnored M'^ Brad-
Symon'ds Ma- street, M"^ Symonds, & Majo'' Gennerall Denison seuerall tracts of lands, jor Denissona -vvhich the sajd gent", vpon the earnest desire of this Court for the accoinoda- tion of the new toune vpon Conecticott Riuer, were content to resigne vp theire interest, in consideration whereof, this Court doth graunt as an adition to theire former graunts, as is hereafter exprest, viz' : To M"' Bradstreet three hundred acres, to M"^ Symonds one hundred acres, and to Majo' Denison three hundred acres ; and that these gent", or any or either of them, shall haue liberty to take vp theire sajd tracts of land in any place or places vpon the west side of the sajd riuer, provided that it be full sixe miles from the place now intended for Northampton meeting house, vpon a streight Ijne ; or if they or either of them shall not thinke meete to accept of theire land in the place Hadley. aboue mentioned, that then they & either of them shall haue libertje to take
it elsewhere in any place not impropriated to tounes or persons w^'in this juris- diction, provided that M' Bradstreet shall haue the first chojce, & also that neither of them take it in aboue two places.
Vpon a motion made in the behalfe of the toune of Salem, this Court doth order & empower Majo'' W™ Hauthome, in the toune where he dwells, to act in all criminall cases, binding ouer offendo''s, giving oathes in all civill cases, & marriages, as any one magistrate may doe, & this power to continew till the next Court of Election. None freemen This CoiU't, hauing considered of the proposalls presented to this Court
u sue asar , seuerall of the inhabitants of the county of Midlesex, doe declare & order,
m full comn- -^ j j f
'0°- that no man whosoeuer shall be admitted to the freedom of this body politic
days only. biit such as are members of some church of Christ, and in full coinnion, w'^'' they declare to be y^ true intent of y' anncient lawe, page y^ 8 of y"* 2'^ booke, anno g'' 1631 ; and doe further order, that from henceforth there shall be but sixe trayning dayes in a yeare, any lawe, vsage, or customc to the contrary notw*''standing. M'Knowles j^^ j^ ordered by this Court, that ISIajo'" Nicolas Shapleigh & INI' Abra-
land to be layd •' ' j r o
out to M'Hau- ham Preble shall & hereby are impowred to lay out unto Majo' W™ Hauthome,
thorne or his
assignes. or his assigncs, that parccll of land that this Court bought of M'' Knowles,
THE MASSACHUSETTS BAY IN NEW ENGLAND. 421
lying ill Kcttcry & abutting on riscataq. Riucr, formerly graunted vnto the sajd 1 6 G 0, INfajo'" Hauthorne, in refFerenc to twenty pounds due to him from the country, "''
as coiiiissioncrs, &: the sajd gent" to make retunie thereof to the Court.
*Itt is ordered, that henceforth the clarke of the writts shall demand of [*340.] such as receive attachments of them three pence a peece more then formerly, Clirke of y
writts to re- in behalfe of the marshall generall, w'^'' shall be in Icjw of that three pence on spond the mar
attachm by a formei' lawe he was to receive of the counstables or county mar- 3d attach.
shalls, & that the counstables shall hauc but twelve penc vpon an attachment, as
formerly.
In ans"' to the peticSn of Edward Carrington, itt is ordered, that the Ans' to Ed- County Court of Midlesex shall & hereby is impowred to examine how the tonspetiCon. fines imposed ou Maulden were assessed, & to make such regulation therein, and impower the petitioner to gather his part according to theire order, or make such abatement as in theire wisdomes they shall thinke meete.
In ans' to the peticbn of Anne Cartar, it is ordered, that the peticbner Ans' to Anne haue liberty to cleere hir innocency before the next County Court, in July ^"'"'* P^*'" next, at Boston, by action or otherwise.
In ans' to the peticon of seuerall of the inhabitants of Newbury, it is Graunt of new
Dili. Tit to ^Jg^V"
ordered, that M' Edward Eishworth & Robert Booth shall & hereby are ap- ^^j^. j^g^ ^^ ^g
pointed to lay out the bounds of theire graunts vpon Saco Kiuer, making re- '"'J*^ ""'•
turne thereof to this Court, & that the peticoners, for theire encouragement
in so remote a place, be exempted from all publicke rates for sixe yeares now
next coining, for all theire estates there, provided that they haue twenty fam-
iljes & an able minister, such as shall be approoved of by this Court, setled
there in fewer yeeres.
In ans'' to the peticon of seuerall the inhabitants of Ipswich, this Court Ipsuich new
. 1 , . 1 • • • -1 111 plfintaCon.
judgeth it meete to graunt the petitioners sixe miles square, or so much land y^j^ ggg
as shall be contejned in such a compasse, in a place ncre Quobogg Ponds, pro- ^'■^^•
vidcd they haue twenty familyes there resident w*''in three yeeres, & that they
haue an able minister setled there w^in the sajd terme, such as this Court
shall approove, and that they make due provission in some way or other for
the future, either by setting a part of land, or w' else shall be thought meete
for the continuance of the ministry amongst them ; and that if they shall faile
in any of the particculars aboue mentioned, this graunt of the Court to be voyd
& of none effect.
In ans' to the request of JI' John Croad, it is ordered, that the secretary Ans' to Jn» deliuer him vp his bond wherein he stood bound for Edw Wharton. '^^
In ans' to the petition of y" selectmen of Salem, humbly craning the Ans' to Salem favor of this Court to graunt them the propriety of the ilands called the ^^
422
THE RECORDS OF THE COLONY OF
1660.
[*341.]
Suffolke, Midlesex, & Essex.
Cap' Edw. Johnson, An- tho. Stoddard, for W- Parks comiss. survei's gen. office.
Surveyors, &c, couiission.
Miserjes & Bakers Island, the Court judgeth it not mcete to grannt tlieire request.
In ans'' to the iietition of John rhilHps, craning the confirmation of a sale of certaine lands by Frauncis Smale, W^ he bought of Skittery Gussett, an Indian sagamore, & the Court doe judge meete to leaue the peticoner to a due course of lawe for vindicating of his oune right.
*ror the more aequall distribution of the law bookes when they shall be printed, it is ordered by this Court & the authoritje thereof, that the printer shall deliuer tlie sajd bookes to the country Tresurer as soone as they are past the presse, who, iiiiediately vpon receaving of them, shall deliuer, or cause to be deliuei;pd, to euery magistrate one ; to euery deputy of tliis Gennerall Court one ; to the secretary & clarke of the deputjcs one a peece for themselv:, & three a jjeece to be kept for the Generall Courts vse ; to the recorder or clarke of euery County Court three a peece, to be kept for the vse of the seuerall Courts ; & the remainder of the sajd bookes the Tresurer shall send to euery county Tresurer such a proportion as is due to each county according to what chardge they beare in tlie country rate ; and the county Tresurers are hereby enjoyned to send vnto euery toune in the respective countjes theire tonnes proportion, according to the rule aboue mentioned, & deliuer the same to some meete person implojed by each toune to receave them, engaging to sattisfy the Tresurer for tliem according to his disbursments, y' so no charge be put vpon the country for y" same, as Capt Gooking, the Tresurer of y" country, & Tresurer of each county shall determine, both for peice & quallitje of pay ; and that provission be made for the easterne parts, it is ordered, that before the divition there be fiffty bookes lajd a part for theire supply, they making like payment to the country Tresurer for the same ; and that Ports- mouth & Doner haue twenty bookes lajd aside for tirem on y" same termes ; and it is fuither ordered, that M"" Thomas Danforth, who was to liaue the ouersight of the impression, make an index to y° sajd booke w*''all convenjent speede, that so tlie worke may be no longer delajed.
It being of great concernment that the office of survejo"" gennerall be suppljed w"'out further delay, it is ordered, that Capt Edward Johnson, M"^ Anthony Stoddard, & Deacon Willjara Parkes be coiiiissioners for that service, the act of any t«o whereof shall be accompted legall, and that the accounts of theire annuall disbursments &; stocke in hand be deliuered vnder theire hands, w"^*" the place or places where such stocke doe rest, to the Tresurer of the country.
Whereas Capt Edward Johnson, M' Anthony Stoddard, & Deacon W™ Parkes are by this Court nominated & appointed a comittee to officiate the office
THE MASSACHUSETTS BAY IN NEW ENGLAND. 423
of survejo"" genneniU of the countrjes amunicon, they, or any two of them, are by this Court impowred to take into yo' care & possession all the countrjes annes & amunition, & the same safely keejio or dispose of according to the orders of this Court, or by speciall order from the councill of this coiiion- wealth ; and w' armes, amvmition, or artilliry they shall so receive or hereafter shall purchase for the countrjes vse they shall annually giue an account thereof to the Court of Election ; and that they keepe in a booke a true in- ventory, fairely written, of all the countrys aiiinition ; and power is hereby given vnto them, or any two of them, for the recoucry of what shallbe found due to the country from any toune or person in this jurisdiction in refference to amies, ainnition, &(3.
In ans"" to the peticon of the inhabitants of Jefterys Creeke, it is ordered, that M' "W"" Steevens, W™ Bennet, Ensigne Howlet, M' Henry Bartholomew, & M' Joseph Jewet doe vejw the bounds in theire peticon mentioned some- times before the next Court, and on the place to vcjw & make report where they conceaue it mo* just the bounds of each place shoidd be & lye.
In ans' to the peticon of Willjam Jeft'eray, making claime to JefFcrays Ans' to M' Necke, nere Ipswich, it is ordered, that the petitioner shall haue liberty to petiCo"/.' make good his plea before the whole Court, at such time as the Court shall see meete.
In ans"' to the peticon of Henry Bennet, it is ordered, that the petitioner Ans' to Hen. shall haue liberty to cleare his oune innocency before the whole Court, w'='' if - '^""'^ ^ ^^ he cann doe, they judge it reason that his fine be remitted, or otherwise that he be dealt w"' for his impetuous spirit ag' authoritje.
*Itt is ordered, that the Tresurcr doe forthwith procure about twenty [*342.] barrells of powder, and that annually there be the like quantitje provided out Order for conn-
/. . o 1 11 • f ^^'^ store of
of the custome of wines & beavar, & that the same be improoved for no other powder, vse vntill such supply be made annually for the countrys vse, and that the survejors for the countrjes amunition doe joyne w"' the Tresurer heerein.
Itt is ordered, that M'' Richard Russell, Cap? Edward Johnson, M'' An- Comittees thony Stoddard, and Deacon Willjam Parkes shall & hereby are impowred ''""^'^ffu '' as a coinittee to agree w"" Cap? Frauncis Norton, or any other, about the cus- cus'ome of
wines.
tome of wines, the w"^*" is to be improoved for buying of ponder, at the least tenn barrells p ann.
In ans' to the peticSn of Samuell Bemet, humbly craving the remittmet Ans' to Sam. or abatement of a fine formerly imposed on him, the Court judgeth it not j^^ meet to grant his request, the Court in May, 1657, hauing giuen ans'' to his jjeticon in like kind.
In ans"' to the peticon of Henry Pouning, John Grouer, Willjam Halsey,
424 THE RECORDS OF THE COLONY OF
1 fi G 0. Thomas Hally, Thomas Stocker, & James Hill, humbly crauing the graunt of
'" a sufHcjent quantity of land to make a plantation at a place called by y" name
of Stony Rluer, on both sides the way to Conecticott, &(3, the Court iudgeth
New plantacon J ' .' > ' J o
at Stony Riuer, it meete to graunt this petlcon, viz': seven miles square, fine yeares exemp-
on Conecticott .^ ,. -,, .,.«
■way. tion from publicke rates for theue estates there, provided that m fower yeeres
they haue twenty familyes setled there, and an able minister ; otherwise these graunts to be voyd. The Courts Whereas luly Symon Lynde hath binu often implojed by this Court for-
acres to m" merly, and now also, to interprett the letters which haue binn sent from the Simon Lrnde. Dutch gouerno"^ to this C'ourt, and this Court being likely to improove him in such respect, & his readines from tjme to tjme to attend the Court & serve them therein, as neede maybe, the Court judgeth it meete to graunt him two hundred acres of land in any place not yett disposed of, nor hindering a plantacon. Ans' to Brain- In ans'' to thc petition of the tounesmen of Braintry, the Court judgeth
it meete to allow them tenn pounds for this present yearc out of theire coun- try rate, in refference to theire great chardges about Frizell. Major Denni- The place On the other side IMerremacke, about sixe miles aboue An-
„ ' doner, reserved till this Court, at the request of the majo' genell, is still
lectnien to be reserved till the next Court. And it is fui'ther ordered, that the tounesmen
sent for.
of Hauerill be required by warrant from the secretary to appeare at the next sessions of this Court, to shew a reason why they haue marked bounds trees at so great a distance from theire toune vp Meremacke Riuer, and also to giue an account of the bounds of theire toune, and vpon what right they lay clajme to so long a tract of land. Coinittee to Itt is Ordered, that ^Majo"" Himiphry x\therton, M' Jn" Pinchon, & Lef I
runne y« south _-. /-ninoii • i • ri • ri
Ivne, Major -Koger Clap shall (X hereby are impowred as a comittee lor tlie runmg ot the
Atherton, <s.c. gouth lyne of this colony, & the same to be continewed forty miles, more or lessc, on the south west of Hudsons Eiuer, and to agree w*'' such artists as they may best gajne for the effecting thereof, & all theire chardges to be re- pajd by the Tresurer of the country.
Courts graunt In ans'' to the petition of Whipsufferage planters, this Court, consider-
9 Tt," "' in^ theire former obstruccons, doe confirme theire graunt & lands thereof, as
age iX JM' c> 7 o '
Chauncey. jj -^^s layd out by the coinittee impowred thereto by this Court, in case they proceed in planting the same, according to the intent of the Court in theire first graunt, & the same accomplished w"'in two yeares next ensuing. And it is ordered, that the name of the sajd plantation shall be called Marlborow, and . that M' Chauncey be by them repajd all his charges expended in laying out his farme in y' place ; & he hath liberty to lay out the same in any lands not formerly graunted by this Court.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 425
*Itt Is ordered, that if Cap? Edward Johnson shall not in all respects 1 G G 0. observe & performe the order or graimt of this Court in October last for the ' '^ ^ laying out of his farme on the ternies & in the place in that order mentioned \'
before the next sessions of this Court, & make his rctournc thereof, that then „
Courts yraun I
M"' Samuell Cole shall haue & enjoy the whole fiunie as it was by him lajd to M' Cole in
case, &c.
out & returned, any thing in the former order notw^'standing, M'' Cole giving him a coppy of this order once w"'in three weekes.
Itt is ordered, that the coiSittee formerly appointed by this Court in the Comittec be-
twcnc Ctinrls
case of Charles Toune & Tho Gold doe giue notice to both parties that they at- xoune & Tho tend the issue of the case in controuersie at such time & place as they contriue ^°''^' best, and that if Charls Toune doe neglect the further issue thereof, that then they pay the deffendant his costs, or otherwise that the merrit of the cause be determined in the first place.
Itt is ordered, that Capt Thomas Sauage, Cap? Frauncis Norton, Cap? Coimttcc to Eliazer Lusher, & M'' Anthony Stoddard, they or any three of them, shall & ^l^^ accompts. hereby are appointed a coiiiittee to take the accompts of the Tresurer in the behalfe of the country, & to present the same to the next sessions of this Court.
In ans"" to the peticon of the inhabitants of Portsmouth, it is ordered, y' Comittee ab« M"" Edward Woodman, W Joseph Jewett, & M." Thomas Bradbury shall & ^.^ '"""^ ' hereby are appointed a coiiiittee, & impowred to repaire to Portsmouth, & there to examine the ground of y"' complaint mentioned in the peticon, & make report of what they find to the next Court of Election.
In ans' to the peticon of the inhabitants of Oyster Riuer, it is ordered, Ans' to Oyster that Majo' Atherton joyne w"' Cap? Wiggens in keeping the next County ^j" ^ '"" ' Court at Strawbery Bancke & Yorke, and that he, w"' the rest of the comis- sioiiers joyned w* him for examining & setling the respective interests & rights of M"' Foxwell, Jourdan, & Phillips, doe heare, examine, & determine the matter in difference betweene Doner & Oyster Bluer, and that all parties concerned therein doe attend the same at Strawbery Bancke at the aforesajd Court, and that any three of the comissioners, Majo' Atherton being one, be impowred to act in all the premisses.
In ans' to the peticon of Richard Stacy, the Court, on perusall thereof, Ans' to Rich- judge meete not to graunt the same, saue only for the confirmation of the In- petiCon. dians sale so farr as it respecteth such lands as are his propriety, according to y* lawe of this Court, declaring the Indians right.
Wee, whose names are herevnder written, being chosen by the toime of Cape Porpus and Wells for the laying out of the dividing Ijne of each
VOL. IV. PART I. 54
426
THE RECORDS OF THE COLONY OF
IGGO.
31 May. Wells & Cap Porplis bounds.
toune, doe mutually agree that the Riuer Kennebucke shall be the bounds of Cape Porpus & Wells to the vttermost extent of both the tounes.
being eight miles vp into the countrje. May, 1660,
Wittnes our hands this lO"' of
EDMOND LITLEFEILD, WILLJAM HAMAN, W" SCADLOCK, MORGAIN HOWELL.
turne.
The Court judgeth it nieete to grauut y" request, & allowes of y" re-
order ab' M' Fletcher, min- ister of Wells.
[*346.]
M' Thorp to be sent for & ex- amined.
Ans' to Zac- keus Golds peticon.
Zackeus Golds fine remitted.
Whereas some late difference seemes to appeare to vs betweene M'^ Fletch- er, Juii, & part of the inhabitants of Wells as touching his unfittnes for the place of the ministrje, w'^'' occasionally for neere two yeeres past, as is appre- hended, relating both to the sanctifying of the Saboath & the performance of Gods holy worship therein, hath draune them into generall neglegts, for future prevention whereof, it is therefore ordered by the authority of this Court, that due notice be given to the inhabitants of Wells & M"^ Fletcher, that they doe make theire appearances at the next County Court at Yorke, there either to justify those exceptions of vnmeetnes they seeme to charge against him, or otherwise from them the sajd Fletcher maybe acquitted.
[There are no pages *344, *31.5.]
* Whereas complaint hath binn made to this Court ag' M' Thorpe, for in- ordinate driucking & other debojst carriages, it is ordered, that the County Court of Yorke take notice thereof, & send for him, & on what shall legally appeare against him, to proceede therein according to lawe, & that the grand jury there haue speciall chardg giuen them to attend the execution of the law concerning ministers.
In ans'' to the peticon of Zackeus Gold, itt is ordered, that Lef ? Joshua Fisher & Ensigne Thomas Nojes shall & hereby are appointed a coinittee to revise the act of the coinittee that lajd out the Goiin'' ffarme, as also to heare the pleas that any of the adjacent neighbo''s cann object against the lying thereof, and to make report of w' they finde vnto the next Court in October, provided the petitioner be at the charges that shall by reason of this revejw be expended, and that he giue timely notice to all persons concerned therein to attend the same.
The Court, on consideration of Zackeus Golds great losse he lately sus- teined by fire, judge meete to remitt his fine of three pounds imposed for en- tertayning the Quakers.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 427
In ans' to the peticon of the inhabitants of Souther Toune, the Court 1 G G 0. judgeth it meete to confinne the persons mentioned in the Gennerall Courts " '' ' order in October, 1658, in theire seuerall places, grauntiug them hereby the j^ ^, t s,' th same comissiou, and in ciuill cases graunting them power to end causes to "'™ peticon. value of tenn pounds, for y'' yeare ensuing, giving them further power & lib- erty to sell such skinns or hides of beasts they kill to New London.
In ans"' to the petition of the inhabitants of Jefferys Creeke, itt is ordered, Ans' to peticon that jM"- W" Steevens, W'" Bennet, Enslgne Ilowlctt, M' Henry Bartholomew, j^^^.^f ' & M'' Joseph Jewett vejw the bounds in y" petition mentioned, sometimes be- Creeke. fore the sitting of y^ next sessions, & on the place to vjcw & make returne where they conceive it most just the bounds of each place should be & lye.
In ans"" to the petition of W'" Salter, itt is ordered, that one third of the Ans' to W" charges for repairing of the prison house be borne by the county of SufFolke, & that in consideration of tlieire bennfitt from the sajd house for theire county jajle, and also the bennefitt they haue by y" master of y' house of correction, his dwelling In the countrys house, the house of correction being built on the countrys land, respitting the ans' to the other pte the next session.
In ans'' to the petition of il"' John Endecott, Juii, humbly craving the con- Ans' to M' firmation of a deed of certaine lands to him gluen by Pompassenoway, aljas Old ^g^^^ peticon. Willjam, &6, the Court doe not judge meete to confirme the Indians deed, but considering y* many kindnesses y' were shewne to the Indians by o"" hon- nored GoQno'' in the infancy of these plantations, for the pacifying the In- dians, tending to the coiiion good of the first planters, in consideration whereof the Indians were mooved to such a gratuity vnto his sonne, doe judge meete to give y'= petitioner fewer hundred acres of land, provided It be not formerly graunted, & be no prejudice to any plantacon, to be sett out by such a comit- tee as this Court shall appoint.
John Hurd & Nicholas Hodsden apearing before the Court to glue an Courts judgm«
lp/» . irf^n/-^ ^ • lo^ ^§' Hurd &
accompt, the nrst tor not commg to y" last (jenll Court, beuig warned, &c, Hoddsden. professing his lamenes & vnfittnes to travajle, the other for entertayning & concealing y^ Quakers, his ans' being y' coming from worke, he found them at his house, not knowing them to be such till in discourse w"" them, when he warned them to be gonne, &d, the Court, hauing heard w' they could say, ordered that they should be admonished by the GoQno'', notw"'standing y"'' answers.
*In ans' to the petition of the inhabitants of Salisbuiy, the Coiu-t, on a [*3-17.] full hearing of what all partjes concerned could say, judge meete to order, that the inhabitants of Salisbmy, from the twentyeth of December, sixteene himdred fiffty & eight, & so forward, as long as the new toune continews &
428
THE RECORDS OF THE COLONY OP
1G60.
31 May.
Ans' to Salis- bury petition. Natick bounds.
belongs to them, shall sattisfy & pay vnto M'' W"" Worcester, theire reQend pastor, annually, the some of fower score pounds, and that wheneuer the inhabitants of the new toune there haue an able minister of the gosj)ell setled amongst them, w"' the approbation of the church of Salisbury & this Court, and whiles such a minister continews w"" them, and provides for him, that thenceforth the inhabitants of the old toune at Salisbury shall pay & sattisfy theire reQend pastor the soine of seventy pounds p annu, & that in good currant pay, as may procure such things as his family needs; and this to continew till this Court take further order.
Naticke, May 10'\ 1660. The bounds of the abouesajd plantation hauing binn measured out accord- ing to the order of the Gennerall Court, & found to be in quantity farre lesse then was supposed by the coihittee that stated the same, & not only so, but the most considerable lands, both of meadow & vpland, taken vp by the English before the Indians graunt, w''' tendeth much to the discouragement of the poore natives, w'='' are willing to shroud themselves vnder our pro- tection from the malice of such as are theire & our ennemyes, wee, whose names are subscribed, considering the premisses, doe judge meete, that theire bounds on Sudbury Riuer be continued one mile to the westward of C'oowa- suck Brooke, w* will be an enlargement neere halfe a mile in y' angle of theire bounds ; and also that they may banc liberty to seeke out eighty acres of the ncerest meadowes, to be added to theire plantation ; & that in all other respects theire bounds & limltts be confirmed to them as in our former returne, viz', taking in all the lands lying w'^in the sajd compasse, adjoyning to the bounds of Sudbury, Dedham, & Water Toune, not formerly graunted by tlie Gennerall Court to any toune or perticcular persons, the westerly Ijnc is runne almost halfe a point to the southward of the west.
SYMON WILLARD, HUMPPIREY ATHAETON, THO: DANFORTH.
This Coml allowes & approoves of this returne.
Courts judgm« Tn ans' to the petition of Elias Parthman, as also the petition of Sarah,
m Parthmans ^.^^ .^j£g ^£ Robert Fuller, in relation to Hopestill Coney, a kinsman of sajd Coney. Fullers, whom he sould at Virginea, the Court, on a hearing of what he could
say, judge meete to respitt the chancering of the sajd Parthmans bond forfeit- ed till the County Court in April next, & orders that he giue sufficjent security to the Tresurer of the countiy to value of fiffty pounds on this condition, that
THE MASSACHUSETTS BAY IN NEW ENGLAND. 429
he shall bring the sajd Hopestill Coney, whom he sold at Virginea, to Boston 1 G 6 0. sometjmcs before the sajd County Court in Aprill next, if he be aliue, or full ■'' '
& sufficjent certifficat of his death, time when & place where he died, on returne whereof the County Couit is hereby impowred to proceede to chancery his bonds as they shall see cawse.
In ans' to y" peticon of y* company in partnership in the iron worke at Ans'to compa-
^ , , _, .... , . 1 • Ti. 1 "V petico at
Concord, the Coiu-t judgeth it not meete to graunt theire request, i. e., liberty concord. to digg mine in any mans propriety w*''out theire consent ;. yett being willing to encourage the petitioners in so good a worke, doe graunt them free liberty to digg mine w"'out molestation in any lands now in the Courts possession.
In ans'' to the peticon of Frauncis Johnson, humbly craving the graunt Ans' to Fraun
. Til" i-nr/-^i'i*^'^ Johnsons
of lands for money layd out in the comon stocke by his vucle, M"' Christopher petiCon for Coultson, the Court sees not reason to graunt his request, in regard it doth land o" behalf
' ° of Xtopher
not appeai-e that there was any money disbursed, or if there were, yett the Coultson. petitioner hath no order to receave it.
In ans"^ to the petition of John Mansfeild, it is ordered, y' if the Ans' to Jn- petitioner cann proove ought to be due to him, referring to his mothers estate, peyjo^ he shall haue his liberty in a due course of lawe to recouer it ; and for ans"^ to that pt of his peticon relating to w' he pretends y^ late Capt Keayne gaue him, he hath had so many ans'^ thereto that he hath nothing given to him, w"" w'"^ he ought to rest sattisfied ; & if euer he trouble y^ Court w"^ such ueede- lesse & frivolus requests, he must expect some sharpe reproofs from the Court, that judgeth it not convenjent to be so much abused by him as to spend any more pretious time thereabouts.
*In ans' to the petition of Phillip Chalice & Anthony Coleby, in the [*348.] behalf of the inhabitants of y" new tounc at Salisbuiy, to w"*" peticon a paper was annext. May 27, 1660.
Whereas certaine articles haue binn mutually agreed on betwixt the old Ans'taSaiis- tounc, and the one of which was to this effect, that when the new tounc Ju^ps^^ti- were at chardg to mainetejne one to perforine y° worke of the ministry *'""• amongst them, they should be free from paying to the ministry of the old toune, in refference to which article the brethren that liue at the new tounc haue lately signified to the church that they were in hand with Isly Subaell Duiuer for this end, desiring the churches advice and furtherance therein, the church hcerevpon doe voate, that they ap^hend J!"" Duiuer maybe a man suitable for that worke amongst them : they further declare, that if fewer brethren secke to y" honnored Gcit Court, who only haue power to make vs distinct tounes, they shall not at all hinder them in theire suite ; and further, if the honnored Gennerall Court doe free them from vs, they shall not only submitt thereto, but also further, what Ijes in them, theire obteining
430
THE RECORDS OF THE COLONY OF
31 May.
1660. of M'' Dumer or any other meete man. This is a true copie of the churches vote, w* was cleerely passed in the afhrmatiue.
p me, WILLJAM WORCESTER.
The Court judg it meet to concurre w"' M"' Worcester & y® church in the paper hereto affixed, judging that the person in nomination for the helpe of the new toune may be a man meete for that worke.
Cap' Gookin to Capt Daniell Gookin is appointed to joyne w"' Capt Wiggins to keepo
County Courts. Norfolke County Courts for this yeere ensuing.
Ans'toW" In ans' to the jietition of Willjam Hilton, humbly craving this Courts
Con allowanc & confirmation of a deed of guift of six miles square of land lying
on y" Riuer Pennieconaquigg, being a riulet running into the Riuer Penacooke, w"" two miles of the best meadow lying on the north east side of Pennacook, giuen to his father & him in y" yeere 1636 by Tahanto, y^ sagamore there ; & the Court, hauing considered y* contents of this petition, judg meete not to graunt the same, but considering the petitioners grounds for the approbation of the Indians graunt, doe judge meete to graunt that three hundred acres of the sajd land be sett out to the petitioner by a coiiiittee chosen by this Court, so as that it may not prejudice any plantation ; and this as a finall end of all future clajmes by virtue of such graunt from the Indians.
In ans"' to the peticon of M'' Joseph Hills, the Court judged meete to graunt, that IM"" Jonathan Danforth & Jn" or James Parker be impowred to lay out vnto M' Hill the fine hundred acres formerly, in 1656, graunted him in any place not formerly graunted.
M' Hills graunt.
[*349.]
To all people to whom this present writing shall come to be seene or read. Whereas the honnored Gennerall Court of the Massachusetts was pleased of theire free beneficence & bounty to graunt vnto the Indians of Patucket a parcell of land adjoyning to the bounds of Chelmsford plantation, the scittu- ation whereof being by experience found to be prejudicial! vnto the mutuall peace of the sajd plantations, — now, this wittnesseth that the Indian inhabitants of the abouesajd plantation, w"' the consent and approbation of the Reuerend M'' John Elliott, Sen, banc couenanted and agreed to make an exchange of land w"" the inhabitants of Chelmsford, in manner following, viz': lat the partition & dividing Ijne betweene the sajd English & Indian plantation shall beginn at the Great Swampe, the sajd swampe being left w"'in the bounds of C'hehnsford, excepting only about tenn foote in breadth, and from thence tlie Ijuc to he continued by the marked trees, as the former coiiiittee sett out the same, vntill it re:irl^.ctK ^fcrremacke Riuer; and all the *land
THE MASSACHUSETTS BAY IN NEW ENGLAND. 431
lying on the northeast side of the sajd Ijne, formerly belonging to Chelms- 1 G G 0. ford, shall henceforth be the propper right & to the sole vse of the sjjd Indian '' ~^
plantation ; and all the lands on the southwest side of the sajd Ijne, excepting _ . . only what is hereafter graunted vnto James Parker, Avhither of the Indians '^nd betwene
y Indians &
old or new graiint, & euery parte thereof, shall foreuer be & remajne the prop- Chelmsford, per right & to the sole use of the inhabitants of Chelmsford. And whereas there is a parcell of land lying & being at the west end of the Indians graunt, w""* is not w"'in the bounds (of either plantation) as aboue exprest, this witt- nesseth that the sajd parcell of land, be it more or lesse, is, by the free con- sent of both the abouesajd plantations, given, graunted, & alienated vnto James Parker, of Chelmsford, abouesajd, for and in consideration of his great pajnes and costs w"^*" he hath necessarily expended in setling the bounds, as aboue is expressed, betweene the abouesajd plantations, to haue & to hold the sajd parcell of land, w"'all the appurtenances thereof, vnto him, the sajd James Parker, his heires and assignes for eiier, to his and theire only propper vse & behoofe. And to the true performance of the aboue named exchange & graunt, mutually made by & betweeue the sajd plantations, and also theire joinct graunt and guift vnto the sajd James Parker, on condicons & in manner aboue expressed, both the sajd plantations doe hereby respectively bind them- selves, theire heires, execcuto"^^, & administrators, each to other & joinctly, to the sajd James Parker, his heires & assignes, firmely by these presents ; in ■wittnes whereof these whose names are subscribed as the deputjes & lawfuU trustees of the abouesajd plantations, haue herevnto putt theire hands & seales. Aprill the third, 1660.
Signed in presence of JAMES PARKER, & a seale,
WiUjam Simmes, WILLIAM FELTHER,
Samuell Greene, THO: HINCKSMAN, & a seale,
James Converse. JOHN ELLIOT, in wittness of
my approbation.
The names of y" cheife inhabitants of Pinatucket, testifying theire con- sent and sattisfaction in this deed : —
The marke of (^ PUNTAHHUN,
JOHN TOHATOWON. The m'-ke, $ KUSSINAUSCUT,
The marke of © PANNOBOTIQUIS, The m'-ke vJ^ of NOMPHON, The m'^ke of Q_ PETER, The m'ke of O^^ NONNOIT, The m^ke of A^oo WOMPANNOOUN.
THE RECOKDS OP THE COLONY OF
Wee doe testify these markes & names were sett doune lawfully at a publicke meeting, the 14"^ of the 3'', 16G0.
JOHN ELIOT, Sen,
JOHN ELIOT, Jun.
This deed is acknowledged by W™ Fletcher, Tho Hincksman, together w"> James Parker, as trustees for y' Indians, to be theire act & deed, this 5 2 m, 1660.
As attest, THO: DANFOETH.
In ans' to the petition of the inhabitants of Chelmsford & Patuckett, the Court judgeth it meete to confirrae theire agreement, & orders the same to be recorded.
[*350.] *^tt the second Sessions of the Generall Court, held at Boston, 16 October. ^/jg 26'" of Octob% 1660.
TheCourtmett "TTT beinof a matter of some concernment to the country rightly to vnder- atytime. I ... . .
When the -^ Stand when this last impression of the lawes are to be in force and beginn
lawes be in ^^ ^^^^^ place, this Court doth therefore order & declare, willing & requiring all persons concerned to take notice, that the sajd impression of lawes shall be of force after the expiration of thirty dajes from the day of the date of these presents, and that in the meane tjme the old bookes to stand good & to be attended to as before. Self-murderers This Court, Considering how farre Sathan doth prevajle vpon seuerall
buriali. persons w^'in this jurisdiction to make away themselves, judgeth that God
calls them to beare testimony against such wicked and vnnaturall practises, that others may be deterred therefrom, doe therefore order, that from hence- forth if any person, inhabitant or strainger, shall at any time be found by any jury to lay violent hands on themselves, or be wilfully guilty of theire oune deaths, euery such person shall be denjed the priviledge of being burjed in the coiiion burying place of Christians, but shall be buried in some comon highway where the selectmen of the toune where such person did inhabit shall appoint, & a cart loade of stones layd vpon the graiie, as a brand of infamy, and as a warning to others to be ware of the like damnable practises.
For explication of the lawe or lawes referring to the manner of triuU of such persons as are found in this jurisdiction after bannishment on pajne of
THE MASSACHUSETTS BAY IN NEW ENGLAND. 433
death, this Court cloth judge meete to declare, that when any person or per- 1 G 6 0. sons bannished on pajne of death shall, after the expiration of theire time ' ^ '
« . . . T 1^ October.
Ijmitted for departure, be found within the Ijmitts of this jurisdiccon, all Addition to y« magistrates, coinissioners, connstables, & other officers of this jurisdiccon, doe '*7^ ^°^ *"'''^
o ' ' ' •" of Quakers
vse theire best endeavors for theire apphending and conveying to safe cus- after banish-
tody ; & being there secured, such person or persons shall, at the next Court
of Asistants, w"'ither in ordinary or specially called according to direction of
the lawe for calling of such Courts, have a legall triall by a jury of twelve
men, & being found by evidence or theire oune confession to be the person or
persons formerly sentenced to banishment on pajne of death, shall accordingly Gov or Dept
be sentenced to death & executed, by warrant from the Goflno'' or Dep* Gou- ^a^^iitfor"*
erno"", directed to the marshall generall, vnlesse he or they be regularly re- executions, &a.
prived in the meane time.
There being some woemen Quakers now in prison Ijable to sentence of Order ab' Mar-
1 1 1 1 • ■ 1 !• S^''* Smith &
bannishment, whose husbands are innocent persons in that respect, so larre as u„y Traske. wee know, & are inhabitants in this jurisdiction, this Court doth order, that the sajd weomen, named Marg''' Smith & Marj Traske, be coiiiitted to the house of correction, & there kept to constant labour & meane diet, according to the order of the sajd house, vntill this Court release them, and that the sentence of bannishment vpon the sajd persons be suspended, any lawo to the contrary notw^'standing, vnlesse theire husbands shall choose to carry them out of this jurisdiction, & not returne w^'out leaue first obtejned.
*In ans' to a motion of the Quakers now in prison that they may haue [*351.] theire liberty to goe for England, the Court judgeth it meete to declare, that Quakers liber-
_ ty in case.
all the Quakers now in prison shall forthwith haue theire liberty to goe for Eng- land in this ship now bound thither, if they will, and for such as will not goe for England, they shall haue liberty forthwith to depart this jurisdiction w*in eight dajes, so as they solemnly engage, vnder theire hands, deliQred by them to the Gouernor or Dep' Gou, that they will not returne into this jurisdiction w"'out leave from the councill or Gennerall Court first by them obtained.
Resolved on the quaestion that by the words of the lawe, tit. Ferrjes, p. 31, Ques' rcsoWi new booke, freeing magistrates & deputjes from paying ferriage ouer all flfenjes '^ ™^^^' that pay no rent to the country, is not intended to infringe the propriety of any person in any ferry.
Whereas Joseph Nicolson & Jane, his wife, being two Quakers bannished Joseph & Jane
. . , . Nicolson liber-
this jurisdiction vpon pajne of death, & returning some time since into this ty to passe for
jurisdiction, were called before the Court, where mannifesting theire desier to England.
goe for England, the Court graunted liberty to the aforesajd persons for three
dajes to depart this jurisdiction, cither for England or elswhere, the sajd persons
VOL. IV. PART I. 55
434
THE KECORDS OF THE COLONY OF
M' Fletcher silenc''.
Comittee to agree w'^ y« mint m'.
Springfeild County Court powe' ab* a prison, &c.
Ans' to M' Longs peticon.
Order ab* price of corne.
accordingly repayilng to the ship then bovmd for England, but, by reason of its fullnes of y" ships lading, could not obteiue theire passage, & on theire returne tendering themselves to the GoQnor to be secured in prison vntill they may gett passage for England, another ship being bound for England, the vndertakers whereof being willing to transport the sajd persons, the Court graunts the sajd persons liberty to passe for England by the next oppertunity, and in the interim to be seciu'ed in prison, any lawe to the contrary notw""- standing.
The Court, hauing pervsed the severall evidences presented to this Court refering to M'' Fletcher & the toune of Wells, doe judge meete to declare to the sajd inhabitants that they haue not only liberty, but are hereby enjoyned, to procure some godly able minister to be helpfull to them, and that the sajd Fletcher is hereby enjoyned to forbeare any more to preach amongst them.
It is ordered, that Capt Gookin & y^ Tresurer, M' Anthony Stoddard, & M' W™ Parks shall be a coiiiittee & are hereby impowrcd to treate w"' the mint master for alowing such an annuall sofne as may be agreed vpon as a meete honorarium to the country for the yearely benefitt they receive by mint- ing, that so the country may reape some bennefitt after so long a forbearance, hauing given them the bennefit thereof for the tjme past, or otherwise to de- clare that this Coui't intends to agree w"" some other meete person to minte the money of this country, making theire report to the next Court what they shall doe heerein.
It is ordered by this Court, that Springfeild County Court be & is heere- by irapowred to erect & improove a prison & house of correction, as other countys haue, any deficiency for want of magistrates notw"'standing, and that the coiiiissioners for that Court, or any two of them, be impowred to act in any case concerning the same, & for the coiiiitting of offendors thereto, & re- leasing of them againe, as any one magistrate may doe.
In ans'' to the peticon of Robert Long, of Charls Toune, humbly desir- ing the favo'' of this Court to remitt what is due from him to y'' country, & is yett behind, in relation to impost, & that he may be freed from impost for y* future, the Court judgeth it meete to remitt vnto the peticoner the arreares due to y' country, not exceeding tenn pounds.
It is ordered by this Court, that all sorts of corne shall be pajd in the country rate, for y* yeare ensuing, at these prizes : wheat at fiue shillings p bush, barly & barly mault at fower shillings sixe penc, pease & rye at fewer shillings, & Indjan at three shillings p bush, & y' all sorts of goods, except corne, paid in to the country rate, shall be pajd at money prize.
[*S52.]
*Wee, whose names are vnder written, being appointed by the General!
16 October.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 435
Court, held at Boston, 18"" October, 1659, for to heare & determine certain dif- 1 6 G 0. ferences w'^'' concerne Lef? W"' Phillips, ^V George Clcaues, M"' John Bomigh- ton, & M' llichard Foxwell, and to make returne thereof vnto this Court, wee accordingly, hauing attended that service, returne as followeth : That the toune of Saco shall haue belonging vnto it all the lands lying w^'in the bounds here- after mentioned, viz'^, from Winter Harbor to Saco Riuer mouth, & from thence vp along the sajd riuer toward the falls as farr as the house of Am- brose Berry, and from thence a Ijne to runne on a square towards Cape Porpus so farre as the bounds of the sajd toune of Saco goeth that way, and 60 downe the dividing Ijne betwixt Cape Porpus and Saco vnto the sea, and so along the sea vnto Winter Harbor, reserving out of this tract the seawall, beginning at a pond about halfe a mile southward from the mill coinonly called Duck Pond, & so running from the sajd pond to the mill, & from thence to the necke of land on which Roger Spencer liueth, w"' the marshes adjoining, to the seawall, not exceeding forty rods broad from the sajd wall ; also a necke of land coilionly called Parkers Necke ; also fiffty acres of wood Courts allow- land adjoyning to an alottment late in the possession of Goodman Lajton, be- ^^^ comittees twlxt M'' Hitchcocks house & Saco Riuer mouth, where Left Philhps shall "turne relate
to Lef PhU-
make chojce of it in any land not in lease, which aforesajd tract of land so lips, M' bounded shall be disposed of by the tounsmen of Saco, either for coiiions or otheruise, as they shall see cause, vnto w'^'^ disposall of the aforesajd tract Left W™ Phillips doth consent ; and all contracts made (by any of the possess- ors of any lands w*''in the Ijmitts of the pattent in Saco w* did belong vnto M'' Richard Vjnes) w*"" Left Phillips is to stand good, and such possessors of lands w'l'in the sajd Ijmitts as haue not as yett contracted for these lands that they doe possesse, are to pay the like proportion of rent W'' those doe who haue already contracted, and all other land lying w"'in the Ijmitts of the be- fore mentioned pattent of M"^ Vines (excepting that necke of land on w* Roger Spencer dwells, w'^ sajd necke is bounded w"" the end of the sea wall next to it adjoyning) to belong vnto Lef? AV™ Phillips.
In relation to the complainte of IM'' John Bonighton, we finde that his pattent is in joint to M'' Thomas Lewes and the father of Bonighton, and that seuerall of those which he complaines against had leave from the aforesajd Lewes or his successors. We therefore order that a due divission be made betwixt them, if it be not already donne, and then those that trespasse on. any of M"" Bonightons rights he may haue his remedy in a course of lawe, ■where we hope he may haue justice.
And as for the complaint of M"^ George Cleaue, when we were at Saco, attending the Generall Courts before mentioned order, his writtings and
436
THE RECORDS OF THE COLONY OP
1660.
16 October.
evidences were not present : therefore wee can make no certajne returne thereof, but judge meete the tounesmcn of Fahnouth be ordered not to dis- pose of any lands w'^^ are w^in the boundaryes of the pattente or graunts of the sajd M' George Cleaues vntill this Com-t take further order therein. As for the complaint of M"^ Eich Foxwell, he appeared not there for to make any prooffe thereof. Dated 25 8 A, 1660, & signed
P HUMPHREY ATHARTON, THOMAS SAVAGE, THO: CLARKE.
The Court approoves & allowes of the returne of these comissioners, and doe order, that it shall be a finall issue of all matters in difference betweene the partjes herein menconed and the matters coutejned therein.
[•353.]
*Whereas it appeares to this Court, by seuerall testimonjes of good
M" Hooke ag' Jn" Alcocke.
Order ab' M' repute, that M"^ Robert Jordan did in July last, after excercise was ended
Jordan.
vpon the Lords day, in the house of M" Mackworth, in the toune of Fal- mouth, then & there baptize three children of Nathaniell Wales, of the same toune, to the offence of the gouerument of this coiuonwealth, this Court judgeth it necessary to beare wittnes ag* such irregular practises, doe there- fore order that the secretary, by letter, in the name of this Court, require him to desist from any such practises for the future, and also that he appeare before the next Generall Court to ans'' what shall be lajd ag' him for what he hath donne for the tjme past.
In the case now depending betweene M" Elino"^ Hooke, relict of M' W™ Hooke, plaint, for hir third of dower in a house & a certaine parcell of land sold by hir id hixsband vnto M'^ John Alcocke, defendant, coming from the non agreement of y" [Magistrates in y' last Court of Asistants w"* y' jurjes virdict, the Court, after due hearing & consideration of the case, concurring w* the virdict of the jury, finde for the defendant costs of Court, fiffty eight shillings & sixepence.
In ans' to the petition of Sampson Shoare, the comittee appointed by this Court hauing pervsed & giuen both partjes full liberty to make theire pleas in the case, the Court judgeth it meete to order that the petitioner, Sampson Shoare, doe forthwith giue possession of the house w*''inmentioned vnto the w^in named Thomas Dier, according to the judgment of the Com-t of Asistants, and that, on his refusall, the marshall doe putt the sajd Dier into legall posses- sion thereof; and that Capt W"" Dauis, M"' Jn" Wisewell, & M"^ Nathaniell Will- jams, or any two of them, be impowred to auditt & consider of the damage
Ans' to Samp- con Shoars peticon.
Y
16 October
THE MASSACHUSETTS BAY IN NEW ENGLAND. 487
that the sajd Djer hath sustejned for non pajmcnt of the hundred pounds for 1 (50 0. ■w"^ the house was first mortgaged, as also all other accounts yett depending be- tweene the sajd Shoare & Djer, and what shall be found justly due to the sajd Djer, the same to be pajd and sattisfied out of the sajd house, aswell as the bundled pounds for w'^'' it was first mortgaged ; and in case the sajd Shore shall tender the pajment of the sajd hundred pounds, w"" what els shall by the sajd audito''s be found due, to the sajd Djer, in corne & catle, by apprise- ment of men indifferently chosen at any time w^'in eight months after the date hereof, the sajd Dier shall accept thereof ; or otherwise, on refusall of such tender, shall alowe vnto the sajd Shoare what the sajd house shall be apprised at more, by men indifferently chosen, then such his just debt shall amount vnto, as before is provided, and shall deliuer possession of the sajd house againe to the sajd Shoare, his hcires or assignes.
Vpon a motion made in the behalfe of the inhabitants of Salem, this Islands Court judgeth it meete to graunt to them certaine islands knowne by the name salem on con- of the Miserjes & Bakers Island, lying in the mouth of theire harbor ; pro- ^'^°°' vided, that it shallbe lawfuU for any fishermen to make vse of them in making of fish, & whateuer conduceth thereto, as building houses, stages, &d, as also wood & flaking in all fishing seasons.
Graunted to Majo"' Gen Daniel Dennison sixe hundred acres of land. Major Deni- formlly reserved beyond Merremacke Riuer, aboue old Willjams planting ggo acs. ground, in lejw of so much long since graunted him w'''out Rouley bounds, provided the sajd farme be not w^'in seven miles of the meeting house at Hauerill.
*Lajd out to Edward Cowell, of Boston, two hundred acres of land in the [*354.] wildernesse on the westerne side of Merrimacke Riuer, beginning at the head ^^w. Cowoiis
farme lajd out.
of a brooke called Salmon Brooke, bounded at the head w"" the great pond called by the Indians Mashepagocke, so running doune the aforesajd brooke towards the northeast, lying on both sides that brooke, one part or parcell of the same conteining one hundred & fiffty acres, lyeth on the northwest side of the sajd brooke, being bounded w* the aforesajd pond, and another smale pond on the west & northwest ; & on the north it is bounded w"' Groaten path at the brooke ; and one part or parcell of the same, conteining about fiffty acres, lyeth on the southeast of the sajd brooke, adjoyning to the other, the wildernes elswhere surrounding according to marked bound trees, as is more fully demonstrated by a plat taken of the same by Jonathan Danforth, survejor.
The Court allowes & approues of this rctourne of y" land lajd out.
As a finall issue of all controdsies rcferriiisf to the Go{lno''s farme on
438
THE RECORDS OF THE COLONY OF
1660.
16 October. Courts final resolution re- lating to Gufln' farme. M' Endecotts farme.
Roxbury 500 acres.
Courts further graunt to M' Hauthorn, &c, rela' to a new plan' ab' y» Dutch.
Ipswicli Riuer, this Coiirt doth order, that the bounds thereof shall in all points be continewed according to the platt thereof returnd by M'' Thomas Uanforth & Robert Hale, excepting only what shall be found to be conteined therein more then the five hundred & fifFty acres ; the same to be defaulcated at the angle next vnto Zackeus Golds house ; provided alwajes, the brooke shall coutinew to the bounds on that side as high as the smale Grindle Swampe that parteth betweene the plajne and the rocke, and runneth into the sajd brooke ; and M'' Thomas Danforth, Majo'^ Willjam Hauthoi-ne, & Lef ? Joshua Fisher, or any two of them, are impowred accordingly to sett out the same.
The Court judgeth it meete to graunt the towne of Eoxbury fine hundred acres of land towards the mainetenance of a free school.
Whereas this Court, in October, 59, did graunt a certaine tract of land vpon Hudsons Riuer, aboue the Fort Awrania, to Major W™ Hauthorne, Cap? Thomas Sauage, &6, w"' liberty to erect a plantacon & setle a trade w'*" the natiues, as may appeare by seuerall orders of the Court for the incouragment of so vsefull a worke, liberty & power is hereby graunted to the sajd gent" to leade, conduct, or transport through this jurisdiction any convenient noum- ber of men as they may or shall procure, w"" all necessary provission for such an vndertaking ; to plant & possesse the sajd land & setle the sajd trade. And if the sajd planters shall in tlieire journey as aforesajd, or in theire plant- ing or possessing the sajd land, be opposed or assaulted by any Indians or others, the like liberty & power is hereby graunted them to defend themselves, estates, & possessions, and to rej)ell all such attempts by force of amies, where- in they may expect the protection, asistance, & support of this goQnment, as any other the inhabitants of this jurisdiction may or should in like cases be protected.
And for the well ordering & gouerning of the sajd plantation, being so remote, it is hereby ordered, that the Goflno'' for the time being shall giue coiiiission to some meete person or persons to act in the sajd plantation according to the power and authority of a magistrate, or according to the power of a County Court of this jurisdiction, till this Court take further order.
And if any of the grauntees shall neglect to asist & contribute theire proportions of chardge to this vndertaking, such person shall & is hereby debarred fiom challendging any interest or advantage from the sajd graunts ; but it shallbc laufull for the rest of the grauntees or vndertakers to take in other partners & carrj' on the worke ; provided alwajes, that the sajd grauntees or vndertakers doe, w"'in the space of two yeares after the date hereof, erect
THE MASSACHUSETTS BAY IN NEW ENGLAND. 439
a house, & setle at least tenn men vpou the sajd lanil, otherwise all graunts 1 (5 6 0. now or formerly made to be vojd & of none effect. " i '
«T 1 • ~^ c /-^ ri 1 /-I •IT- ^^ October.
'In ans' to the peticon ot ueorge Carre, the Lourt judgeth it meete to r»q;:c i order, that M' Carre shall be rate free for the bridge to the country & toiuie , ^ ,,
' o .7 Ans' to Georg
rates as long as the bridg he made oQ pt of Merremacke Riuer continews ; and Carrs peticon. also graunts one hundred & fiffty acres of land to enjoy during the bridg' standing & its being meinteined.
The Court judgeth it necessary that letters of thankfulnes be sent to our Letters to be honno''d ffreinds in Engid for theire great respect to this collony, and referr ;^ gngi^ the same to the ouerseers of the colledge, to be sent by the first opportunity.
In ans'' to the petition of M' Nathaniell Duncan, the Court, considering 500 acs his present condition & former service, iudge meete to graunt him fine hun- ^i^'™"'! '°
' ' J o D IS nth. Duncan.
dred acres of land. Vide p» 466.
In ans'' to y' petition of W" Hudson & Evan Thomas, the Court judgeth W" Hudson it meete, in regard the petitioners haue susteyned prejudice (by the law en- Thomas al- abling merchants to sell wine not less then three gallons) in theire implojment, '""'"'• to order that one whole yeares rent, viz., forty jjounds, be allowed to W"" Hudson, & thirty pounds to Evan Thomas, as full sattisfaction of all theire damages.
Vpon the motion of Left W™ Hudson & Lef? Robert Turner to this W"" Hudson Court, craving further liberty from this Court for drauing of wine, the Court ners ucens. judgeth it meete to graunt them a renewing of theire licenses for the space of fine full yeeres iiuediately following the the, expiration of theire former licenses, for w'''" they are to pay fiffty pounds p anm, Leif t Hudson thirty pounds, & Lef ? Turner twenty pounds p aiim to y'^ Tresurer ; provided also, that on any abuse or breach of lawes they shall be subject to the County Court or any magistrate, according to lawe.
In ans'' to the request of Evan Thomas, the Court judgeth it meete to Evan Thomas
licence*
renew Evan Thomas his licenc also for one yeare, he paying twenty pounds for y" same to the Tresurer, & being also subject to tlie censure of the County Court & magistrate as the other, according to lawe.
Whereas this Court hath heeretofore allowed the vndertakers of the iron- Courts gratuity workes at Lynne the suine of tenn pounds p annu towards the payment of jpj.„iig4, theire country rate, w'''' this Court judges not meete any longer to allow, the same being now free from any such engagcint.
This Court, being much neglected for want of necessary officers and Jonathan
• riiiiiLi, Negus & A- Ser-
attendants, doe order, that two sargants, as formerly, sludl be chosen by ja„t uichard the Com-t to attend this Court in the time of theire sitting, and the GoQnor Wajte, attend"
^ on y» Courts &
as a guard at all publicke meetings out of Court, for w"'' theire service they Gou.
440
THE EECORDS OF THE COLONY OF
Keeper, order for his fFees, &C, ab' Quakers.
[*356.]
Ans' to M' Woodmaiis peticon.
Ans' to M' Jefferys petic.
Ans' to Salis- bury petiSon for a tract of land.
Order ab' en- quiry of pouder, &c.
M' Dumers sale of Rouley mill confirmdj &c.
Ans' to Col. Crounes peti- con.
are to be pajd twenty pounds p annu out of the publicke tresury, and the GoQno'', Deputy GoQuo'', and secretary, or any two of them, are appomted to nominate some fitt & honest persons for this service, to be approoved of by the Court before theire rising. Sarjant Richard Wajte and Jonathan Negus, being presented by the GoQno'' & secretaiy as meete persons for that service, was by the whole Court allowed of.
Itt is ordered, that the Tresurer sattisfy the keeper for the fees due to him for the Quakers for the time past, and for the tjme to come the Court will consider of some such way as the keeper shall not be discouraged.
*In ans'' to y' petition of M"^ Edward Woodman, humbly desiring the fa- vour of this Court in graunting him a parcell of land lying betweene Rouley & Newbury lynes, the Court judgeth it meete to graunt him three hundred acres there.
In ans'' to the petition of M'^ W™ Jefferys, the Court judgeth it meete to graunt him fiue hundred acres of land, to be lajd out in such place as he shall find it, on the south side of our pattent, & that to be a finall issue of all clajmes by virtue of any graunt heretofore made by any Indian whatsoeuer.
In ans"" to the petition of the inhabitants of Salisbury, humbly craving a tract of, land lying betweene theire bounds & the bounds of Hampton, it is ordered, that M'' Edward Woodman, Lef ? Robt Pike, & Lef? Hussie be a coiiilttee to vejw the land & to make returne, both of quantitje and quallitje thereof, to the next Gennerall Court, when it may be further considered of.
Whereas this Court hath heretofore by seuerall orders enjoynd that each toune w"'in this jurisdiction should be provided w"* a stocke of pouder & other amnition, as in the sajd orders doth appeare, a returne whereof was to be made to the survejo'' gen", & accordingly some townes made retiu'nes, others did not, — in further prosecution of the sajd order, this Court doth heereby order & enjoyne, that the deputy or deputjes of each towne w"'in this jurisdiction shall make dilligent enquiry w"'in theire townes what pouder & other amnition they haue, & make returne of the same, vnder theire hands, to the next Court of Election, or to the present survejors gen", or any one of them, and in all such townes where no deputjes are, that there the selectmen or connstable shall & hereby are enjoyned to make the like returnes.
In the case now depending betweene John Peirson, of Rouley, & M' Richard Dummer, referring to the sale of a mill & certaine lands, some tjmes possessed by M' Nelson, of Rouley, deceased, & now sold by the sajd M' Dummer to y* id Peirson for the vse of the sajd M' Nelsons children, the Court judgeth it meet to confirme the sale of the sajd mill & land.
In ans' to the peticon of Colonell W"" Croune, the Court declares, that the
IG Octoljor.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 44 1
petitioner may bring his action ag' the connstablc for neglect of his duty, or 1 G G 0. he might haiie sent the marshall genii to haue served the attachment on y" estate of ^I"' Jordan, if he had seeue meete.
Whereas, at the request of this Court, M"^ Thomas Danforth hath attended 2-3;) acs land
di* ^ ' /-, ' '11 1 o 1 • grauutcd to M'
ic service ot tins Court ni surveying the lawes at tlic presse, ix making an u^„f„rth.
index thereto, this Court judgeth meete, as a gratuity for his pajues, to
graunt him two hundred & fiffty acres of laud, to be lajd out in any place not
legally disposed of by this Court.
Itt is ordered, that the Tresurer sattisfy & pay Left Rotjt Turner sixe GoUnor ex-
1 1 •IT „ 1 1 1 1 /-< ■ 1 • /• pcnccs to be
pounds tenne shillings & tenn pence, expended by the Crouerno'^ 111 tlie tune 01 pd^ j^g. his late sicknes, -when he was on the countrjs service on coiiiission for y" United Colonjes. 58.
Itt is ordered, that Capt Thomas jNIarshall shall & is hereby impowred Cap> Marshall
coin to marry
to solemnize marriage betweene James Richardson & Bridget Hiucksman, of j, tempore. Chelmsford, being published according to lavi'e.
In ans'' to the petition of Cap? George Dennison, humbly desiring a 350 acs to graunt of lands in the Pecquod Country, the Court judgeth it meete, hauing uenison. ° implojecl him in seii" services for the country, to graunt him two hundred & iiifty acres of land where it is to be found.
In answer to the peticou of M' Anthony Stoddard, the Court, hauing pe- 5no acres to rvsed & considered y*^ grounds of y" peticon, as also the readiues of y' pe- children of ticbner at all times to be serviceable for the good of the country, judgeth ^^P' ^e^s. meet to graunt five hundred acres of land to be {equally divided bctAveene y* petition"' & Capt Welds children.
*Lajd out tlii'ee hundred acres of land, in obedience vnto an order of the [*357.] Generall Court, dated the 19"> of the third iri, 1658, for IM-- W"" Colebron, M'Coiebrons
300 aC lajd out.
of Boston, lying in the wildernesse bejond Meadfeild, adjoining vnto the east side of Nicholas Woods farme, and being from E to A about one hundred eighty eight rod, and from A to B about two hundred & thirty rod ; from B to C about two hundred & sixty rod ; from C to D two hundred & tenn rods ; & from D againe ynto E about one hundred sixty five rods, as is more per- ticcularly & fully marked & bounded in a plot di-aune in parchment by Joshua I'lsher.
The Com-t, being sattisfied, by Left Fishers testimony, that this land was lajd out before Naticke bounds, judg meete to allow & confirme the same.
Whereas M' Edward Eawson was implojed by this Court for the di-auing 250 acers to vp of the booke of laues before it was performed by Majo"^ Geiill Dennison,
VOL. IV. — r.vKT I. 56
16 October.
THE RECORDS OF THE COLONY OF
this Court, being willing to acknouledg the labo''s of such as are implojed for y" publicke behooffe, doe judge meete, as a gratuity for his pajnes, to graunt him two hundred & fifFty acres of land i)\ any place not yett disposed of by this Court.
M' Tings 250 Lajd out to M"' Edward Ting, of Boston, two hundred & fifFty acres of
aj ou . j^^j^ j^ ^-^^ wildernesse on the northern side of Merremack E.iuer, being
butted & bounded by a farme formerly lajd out to M"' Russell, Tresurer, on
the south east, the wildernes elswhere surrounding, according to marked
trees, as is more fully demonstrated by a plott taken of the same.
By JONATHAN DANFORTH, Survejor. The Court approoves of this returne.
M' Whitings Lajd out to M"^ John Whiting four hundred acres of land on the western
40 ac'3 aj ^. j^ ^£ ]\^gjremacke River, beginning at the mouth of Salmon Brooke, & so
out. ' o o
extending vpwards one the same brooke about one mile & halfe, being butted & bounded by Merremacke Riuer on the east, & by the vpland side on the north of the sajd brooke, elswhere bounded by marked trees, according to a platt taken of the same.
The Court doth approove & confirme this returne.
M' Wilsons Lajd out to M"^ John Wilson, Sen, of Boston, one thousand acres of land,
more or lesse, in the wilderness, on the west of Merremacke Riuer, one part or parcell of the same, conteining seven hundred acres, more or lesse, Ijeth vpon Sowheaganock Riuer, at a place called by the Indians Quohquima- paskessa-nahnoy, w"^*^ is about fine miles by estimation from Merremacke Riuer, lying three hundred sixty fower pole in length vpon Sowheaganuck Riuer, fower hundred acres, more or lesse, on the north side of the riuer, and three hundred acres, more or lesse, on the south side, being butteld and bounded on the west w"' land lately lajd out for Capt W™ Dauis & Capt Isack Johnson, of Roxbury, the wilderness elswhere surrounding, according to bounded trees, marked w"* L ; also, one part or parcell more, conteining three hundred acres, more or lesse, Ijeth about one mile & halfe by estimation southward of the former farme vpon the head of Penichuck Brooke, being bounded by a great pond on the south west, called Pennichuck Pond, extending downe the brooke about two hundred & eighty pole in length, lying almost wholly ou the northwest side of the sajd brooke, the wilderness elswhere
out.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 443
surrounding, according vnto bounded trees, w^"^ are mai-ked w'^ L, all which 1 G 6 0. is more fully demonstrated by a platt taken of the same. ^^ ^^^^^^^
By JONATHAN DANFORTH, Survejo'.
The Com-t allowes & approoves of the land so lajd out in this returne.
*Lajd out to Capl W" Dauis, of Boston, and to Cap^ Isacke Johnson, of [*358.] Roxbury, to each of them two hundred & fifty acres of land, more or lesse, ^^^^^^'' w-'' Ijeth together in one platt in the wildernesse on the west of Merremack Riuer, and about sixe miles by estimation from Merremacke, at a place called by the Indians Quohquinnapasskessanahnoy, vpon and on both sides Sowhea- ganock Riuer, lying two hundred & forty pole in length vpon a strelght Ijne doune the riuer, and extends about halfe a mile on each side the riuer, being butteld and bounded on the west w"' land lately lajd out for M" Anna Lane, and on the east w"' a farme lajd out for M"- John Wilson, Sen, the wilderness elswhere surrounding, according vnto the bound marked trees, w''" are sufficjently marked w*" P, all which doth more fully appeare by a platt taken
By JONATHAN DANFORTH, Survejor. The Court doth allow & approove of this returne. Laid out to M'^ Anna Cole fine hundred acres, more or Icsse, of land in M" Anna
•" c 1 1 Coles 500 acres
the wildernes, on the westerns side of Merremacke Riuer, at Sowheaganucke, j, ^^^ being butteld & bounded w''' land lately lajd out for Charlstowne schoole on the west, Sowheaganucke Riuer on the north, lying three hundred and forty pole long by the side of the sajd riuer, th wildernesse elswhere surrounding, according to bound mark trees, w* are marked w"' C, w* is more fully demonstrated by a platt taken of the same.
By JONATHAN DANFORTH, Surveyor
The Coui-t judgeth it meete to allowe & confirme the land returned to the sajd Anna Cole, lately Keayne, hir hcircs & assignes foreuer.
In ans-^ to the petition of Jn" Shepheard, y' lately lost his right arme, the Jn« Shep'ds
'^ .300 ac's.
Coiu-t judgeth it meet to graunte him three hundred acres of land.
A tract of land retimied in a map as lajd out by Joshua Fisher to M-^ M'Lynes
^ farrae 260 ac's
Symond Lynd according to y" Courts graunt, conteignmg in vplancl tVc twenty ^, „„t. acres of course meadow two hundred & sixty acres, bounded by seuerall Ijnes w* the letter L on marked trees by.M"- Bradstreets farme line, & the farme
444 1G60.
IS October.
THE RECORDS OF THE COLONY OF
Ijne of M' Winthrop, Xaticke bounds lyne, & elswhere w"" rocky & wast land, as in y" sajd mapp is sett forth, w'"'' returne the Court allowes & approoves of.
8 mo., 1660. Ch:\rls Touns land 1000 ac's.
8 mo., 1660.
By virtue of an order of the Gennerall Court, lajd out, for the vse of the
sclioole of Charles Toune, one thousand aci'es of land, more or lesse, in the
wildernesse, on the westernc side of Merrcmacke Riuer, at a place comonly
called by the Indians Sowheaganucke, beginning at the ffoote of a great hill,
and so extending eastward about two miles doune the sajd riuer, and bounded
w"' the riuer north, and by laud lajd out for M^ Anna Cole on the cast, the
wildernes elswhere surrounding, according to marked trees, all w'''' are
sufficjently bounded w"" C, and is more fully demonstrated by a platt taken of
the same.
Ey JONATHAN DANFORTH, Sur^^
M' J" Ende- cott, Jun., his farme of 100 ac's.
The Court doth allow & approovc of this returne.
Lajd out y-a.\.o M' John Endccott, Juii, fower hundred acres of land, more
or lessc, in the wildernesse on the east side of Merremacke Riuer, about six
miles northward from Patuckitt Falls, and w^'in one mile of Beavor Brook, at
a great hill called by the Indians Masheshattuck, lying on the west of the
forementioned brooke, and, as it were, betweene two great hills, and neare
adjoyning to a pond on the southwest, called by the Indians Pemmemitte-
quonnitt, and is surrounded by wildernes land, being sufficiently bounded by
trees marked w"" E, and is more fully demonstrated by a platt taken of the
same.
B^ JONATHAN DANFORTH, Survejor.
The Court allowes & approoves of y* returne.
[*359.]
*In ans' to the petition of the toune of Boston, the Court judgeth it
1000 acres mecte to graunt y' sd toune of Boston one thousand acres of land, for their
granted to
iBoston free furtheranc & helpe to dischardg y* chardg of a free schoole there.
schoole.
M" Lanes farme .300 ac's.
Lajde out to 31"^ Anna Lane fine hundred acres of land, more or lesse, in the wildernesse, on the west of ^Merremacke Riuer, and about seuen miles by estimation from Merremacke, at a place called by the Indians Quoquinna- passkessanahnoy, which is vpon Sowheaganocke Riuer, lying two hundred & eighty pole in length vpon the riuer, about two hundred acres lyeth on the north side, and three hundred acres on the south side, being bounded w"" land
THE MASSACIIUSETTo BAY IN NEAV ENGLAND. 445
lajd out for M' Dauis aud Capt Isacke Johnson on the east, wilderness land 1 G () 0. elswhere surrounding the same, as by a plott taken of the same is more fully '—^
IG Oitobor.
demonstrated. ^^ JONATHAN DANFORTII, Surveyo--.
The Corut doth approove, allow, & confirme this returnc.
In ans' to the peticon of the inhabitants of Eraintry, i. e., Gregory Bel- Ans^lB-mhy char, James Penneman, Tho Mekins, Moses Fajne, Edm" Quinsey, Eob'-t „ewphntation. Twelves, & Peter Brackctt, the Court judgeth it mcete to encourage the pe- ;[™;^^ titioncrs to proceede in theire setling themselves, & an able minister w*>^ them, in the place desired for a new plantation, w"'in theire time Ijmitted; and that those that beginnc the sajd plantation may not want due encouragement in theire accomodation, & yett the place preserved from vnnccessary wast, it is ordered, that Cap? DanI Gookin, M^ W™ I'arkes, Left Roger Clap, Ephraim Child, & W- Stiltson, or any three of them, shall be & hereby are appointed a comittce, & hereby impowred to appoint vnto each inhabitant there, any time w'"in this three yeercs, as they shall sec mcete, & that when a full num- ber of persons appearc, this Court will, on the comittccs information, order them due bounds. In further ans'^ to sajd Eraintry pctic^on, the Court de- clares, that they judg meetc to graunt a plantacon of eight miles square, aud that the persons named haue liberty to enter there vpon, & make a beginning thereof, and to take such persons into theire society as they shall judge mcete, & that J^Iajor Humphrey Atherton, Left Roger Clap, Capt Eliazer Lusher, & Deacon Parkes, or any three of them, shall & hereby are appointed comis- sion", & impowred to make a valid act there.
The Court, hauing receaued & pervsed the letter sent by the Dutch goiinoS the whole Court voted theire allowauc of a letter, w^" was by them also voted & ordered to be iairely written out by ^ secretary, & pervsed by the GoQno% Dep' GoQno% Capt Gookin, y" secretary, & the deputjes of Eoston, for the adding or altering of any words that maybe for the best manner of expres- sion, or any three of them, & that the letter be signed by the Goflno' & secrel
To all Christian people to whom these presents shall come. Hannah Munings, the relict & administratrix to the estate of the late Mahalaleell Munings, formerly of Dorchester, lately of Eoston, in New England, mer- chant, & John Wisewall, hir fother, of Eoston, merchant, administrators to the estate of the sajd ^lahalaleell ^Innings, sends greeting: Wherein the sajd Mahalaleell Munings, in his life time, in consideration of the some of fiffty pounds to him in hand payd, in and about September, sixteene hundred
16 October.
446 THE RECORDS OP THE COLONY OF
1 G G 0. fiuety & eight, by Left Roger Clap, of Dorchester, in New Engkncl, afore- sajd, did make a bargaine & sale of a dwelling house, scittuate, lying, & being in Dorchester, aforesajd, w"^ an orchard therevnto belonging, conteinino' halfe an acre, more or lesse, and is bounded w''' an orchyard & laud lately be- longing to the sajd Munings, on the north and west, w*'' the high wajes on the south and east, w"' fine acres of land more on the necke, bee it more or [*360.] lesse, which sajd Munings lately purchast *of James Bates, and is bounded w*'' a highway on the north, the land of Willjam Sommer on the east, the land now in possession of Edward & Nicholas Clap, formerly the land of John Clap, on the west, and the sea on the south, w"' two acres of meadow Ivino' neere the tide mill, be it more or lesse, & is bounded by a creeke on the north & north west, & on the east & south by thejands of the sajd Eoger Clap, as also three smale lotts in the three first divisions coinonly called the Cow- walke, each lott conteyning one acre and a halfe and thirty ninne rods, the first of the three smale lotts being the fowerteenth lott, the second smale lott in the second divission being the foitjeth, the third smale lott in the third divission being the one & twentieth, w"" all libertjes, priviledges, & appur- tenances to the same belonging or in any wise appertaining. Now, knowe all men by these presents, that wee, the abouc mentioned Hannah Munings & John Wiswall, administratrix & administrator to the estate of the sajd Mahalaleell Munings, being fully sattisficd of the payment of the sajd fifty pounds by the sajd Roger Clap, as also of the sajd Mimings acceptance there- of & sattisfaction, doe, in the name & on the behalfe of y" sajd Mahalaleell Munings, for the full accomplishment of the sajd Munings bargaine & sale of all the aboue mentioned & bounded premisses, he dying before he perfected the same, bane absolutely giuen, grauntcd, bargained, sold, aljened, en- feoffed, & confirmed, & by these ^sents doe absolutely giue, graunt, bargaine, sell, aliene, enfeoffe, & confirme vnto the aboue mentioned Roger Clap, & his heires & assignes, all the aboue mentioned dwelling house, orchard, fine acres of land, two acres of meadow, & three smale lotts, be they more or lesse, but- Lef> Claps deed telled & bounded as aboue is exprest, to him, the sajd Roger Clap, his heires
from adminis- n • th ii r> ii c ti ■ •■it
trator & ad- ^ assignes, w"" all & all manner oi libertjes, priviledges, & appurtenances to ™"^ °^*^^'^''" the same belonging or in anywise appertaining, and to his and theire only prop- estate, per vse & behooffe foreuer. And the sajd Hannah Munings & John Wis- wall, administratrix & administrator, as aforesajd, doth for themselves, heires, execcutors, administrators, & assignes, couenant, promise, & graunt to & with the sajd Roger Clap, his heires & assignes, by these p>sents, that all the aboue grauntcd premisses shall be, & contiuew to be, the propper right & inherit- ance of the sajd Roger Clap, his heires & assignes, foreuer, w"'out any the
THE MASSACHUSETTS BAY IN NEW ENGLAND. 447
lett, molestation, or expulsion of them, the sajd Hanna Munings or John Wise- 1 G 6 0. wall, their lieires or assignes, or by or from any of the helres or assigncs of '
the sajd Iklahalaleel Munings, or any clayming any title, clajme, or interest to the same or any part thereof, from or vnder them, or any of them. And for further warranty of the aboue graunted ^misses, that the sajd premisses now be, & all time & times hereafter shall be, remajne, continew, & abide vnto the sajd Roger Clap, his heires & assignes, freely & cleerely acquitted, exon- norated, & dischardged, or otherwise, from tjme to tjme, & at all tjnies, well & sufEcjently saued, & kept harmeless of & from all & all manner of former & other bargaines, sales, guifts, graunts, leases, mortgages, joinctures, wills, entailes, dowers, or other incombrances whatsoeuer, had, made, donne, acknowledged, comitted, or suffered to be donne by them, the said Hannah Muning & John "VVisewall, theire heires or assignes, or by, from, or vnder the sajd Mahalaleel Munings, his heires or assignes, clayming any right, title, or interest thereto, or any part thereof, whereby the sajd Roger Clap, his heires or assignes, shall or may any wayes be molested or lawfully evicted out of the possession or *enjoyment thereof, or any part or parcell thereof. And the sajd Hannah [*361. | Munings & John Wisewall, administratrix & administrator, as aforesajd, doth couenant, promise, & graunt to & with the sajd Roger Clap, his heires & as- signes, that they or one of them, shall & will deliuer, or cause to be deliuered, vnto the sajd Roger Clap, his heires or assignes, all & singular such deeds, evidences, & writings only touching or concerning the premisses seuerally, & true coppies of all such other deeds, evidences, & writings w'='' concerne the pmisses, w* any other lands or tennements, the same coppies to be made at the only cost & charges of the sajd Roger Clap, his heires or assignes. In wittnes whereof, the sajd Hanna Munings & John Wisewall haue heerevnto sett theiie hands & scales this fifFteenth day of September, 1660.
HANNA MUNINGS, & a seale, JOHN WISWALL, & a seale.
Signed, sealed, & deliuered, the sajd Roger Clap being in possession, in
the presenc of vs, y^ fiifteenth day of September, 1660. John Wisewall &
Hannah Munings signed, sealed, & deliuered this deed, the day aboue sajd, in
the presence of vs.
THOMAS SAUAGE,
SYMON COOLIDGE.
Memorandum. Before the sealing & deliuery of these p^nts, it is declared, & by all partjes concerned vnderstood & consented to, that the w'^n mentioned
16 October.
448 THE RECOKDS OF THE COLONY OF
1 (5 GO. Joliii Wisewall & his heires are uo farther nor otherwise bound to stand to & perfonne the couenants & warrantjes w"'iu mentioned then as administrator, or as an administrator oiight by law to be bound.
The Court being sattisfied of the w'4n mentioned Maluilalecll Miinings liis sale of the ■\v"'in mentioned & graunted pmisses, & receiving full sattisfac- tion for y*-' same in his life time, judge meete to confirmc & allow of this deede of sale made by y" administrator & administratrix w"'iu mentioned, and order it to be recorded, any law notw*''standing.
EDW: KAWSON, Secre'^.
Ans' to M' In answer to the peticon of M'' Jerremiah Houchin & M'' Nathanlell
\v- petition. Willjams, guardians to two of the childi-en of the late Edmond Grosse, the Coiut judgeth it meete y' M'' Thomas Savage & M'' Edward Tyng be hereby apj)ointed & impowred as coinissioners to audit the acco'^ of the administrators & present the same to y' next County Court ffor Suffolke, and that the sajd Court be impowred to setle the divission of the sajd estate betweene the widdow & children, and as ueere as may be according to the mindc of the deceased de- clared as his will before his death, and that what land is yett vnsold y' it be reserved for the children, & not sold by the administrators. Ans' to Josiah In ans' to the petition of Josiah Cooper ffor this Courts favor to heare his
coper pe ic. gQj^pijjjjjt; ^g* M'' Peter Hubbard, in relation to his fathers estate, &<3, the Court judgeth it not meet to graunt his request, it properly belonging to the County Court in Boston to determine.
19 December. Att CI Gencrall Coitrt, called by the GoiCno'', M'' Bradstreet, 8f Majo'' Atherton, held at Boston, 19"' December, 1660.
Present, John Endecott, Esq>, GoQno'.
Kich Bellingham, Es^, Dep' Goti. M' Symon Bradstreet, M'' Sam Symonds, Caj)t DanI Gookin, Majo"^ Geii Dani Dennison, Majo"^ Symon Willard, IMajo"^ Humphrey Athcrton, M'' Rich Ilusscll, M"^ Thomas Danforth.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 449
The names of the deputjes returnd to serve at this Gennerall Court 166 0.
■were, — *"" '* ^
19 December
Salem : Majo' W" Hauthorne, M"^ Edmond Batter.
Charlstown : Cap'^ Fauncis Norton, Lef? Rich Sprague.
Dorchest"^ : Left Roger Clapp, Ensig Hopestil Foster.
Boston : Capt Tho Sauage, M' Antho Stoddard.
Eoxbury : W W™ Parkes, John Ruggles.
Water Tow : Capt Hugh Mason, M"' Ephraim Child.
Lynn : M"' Tho Layton, M' Oliuer Purchase.
Cambridg : M^ Edw Collins, M"' Edw Oakes.
Ipswich : Lef ? Jn" Apleton, M' George Gittings.
Newbury : M' Nicho Nojes.
Weimouth : M'^ Edw Bate.
Concord : M' Thomas Brookes.
Dedham : Cap? Eliazer Lusher, Enslg DanI Fisher.
Salisbury : !M'' Christoph' Batt.
Hampton : Lef ? Christop' Hussey.
Eouley : M' Joseph Jewett, M'' Maximillian Jewett.
Braintry : M'^ Peter Brackett.
Doner : Cap? Rich Walderne.
Portsmouth : Capl Brian Pendleton.
Yorke : Frauncis Litlefeild.
Woobourne : Cap? Edw Johnson, M' Edw Conuerse.
Kittery ; Left Charles Frost, Peter Weare.
Salisbury, [Sudbury] : Lt Edmo Goodnow, James Blood.
Hauerill : James Dauis.
Maulden : M'' Joseph Hills.
Billirikey : Lef ? W" French.
Redding : Cap? Rich Walker.
Majo' W™ Hauthorne was chosen Speaker for y" session.
*r I IHE Court being mett at the tjme appointed, the GoOno"", in open Court, [*362.]
JL declared the ground of the Courts being called together. Cap? Leuer- etts letter was read in open Court ; so also was the councills letter to the Earle of Manchester & the Lord Say, &6.
Itt is ordered, that o' addresses be made to the kings most excellent majesty, as also to the high Court of Parljament, and is as follow : — VOL. IV. PART 1. 57
450 THE RECORDS OF THE COLONY OP
166 0. To the high & mighty Prince Charles the Second, by the grace of God King '"^ ^ of Great Brittajue, Fraunce, & Ireland, Defender of the Faith, &S.
19 Dece,mber.
Most gracious & dread soueraigne : —
May it please your maj'^, in the day wherein yow happily say yow now know that yow are king ouer your Brittish Israel, to cast a favorable eye vpon your poore Mephibbosheth, now, &, by reason of lamenes in lespect of dis- tance, not vntill now, appearing in your presence ; wee meane vpon New Eng- land, kneeling with the rest of your subjects before yo"' maj'J', as her restored king ; wee forgett not our ineptnes as to these approaches. Wee at present owne such irapotency as renders vs vnable to excuse our impotency of speaking vnto our lord the king ; yet, contemplating such a king, who hath also scene adversity, that he knoweth the heart of exiles, who himself hath binn an exile, the aspect of majesty, thus extraordinaryly circumstanced, influenced, and animateth exanimated outcasts (yctt outcasts, as wee hope, for the trueth) to make this addresse vnto theire prince. Hoping to find grace in yo'' sight, Avee present this script, the transcript of our loyall hearts, into yo' royall hands, wherein wee craue leaue
To supplicate yo'' majesty for yo"" gracious protection of vs in the con- tinuance both of our civil priviledges according to (& of our religion & libertjes) the grauntees knowne end, of suing for the pattent conferred vpon this plantation by your royall fFather. This, this, viz', our libertje to walke in the faith of the gospell w* all good conscience according to the order of the gospell, (vnto which the former in these ends of the earth is but subser- vient,) was the cause of our transporting ourselves, w* our wiues, our litle ones, & oiu- substance, from that jjlcasant land ouer the Atlanticke Ocean into the vast & wast wildernes, choosing rather the pure Scripture worship, w"" a good conscienc, in this poore, remote wildernes, amongst the heathens, then the pleasures of England, w"' submission to the impositions of the then so disposed & so farre prevayling hierarchic, w'''' wee could not doe w"'out an evill conscience. For this cause wee are at this day in a land w'^'' lately was not sound, wherein wee haue conflicted w"' the sufferings thereof much longer then Jacob was in Syrria.
Our wittnes is in heaven, that wee left not our countrje vpon any dissattis- faction as to the constitution of the civil state. Our lott, after the example of the good old non conformist, hath binn only to act a passiue part through out these late vicissitudes & successiue ouerturnings of state. Our seperation fi-om our brethren in this desart hath binn & is a sufficjent bringing to minde the afliction of Joseph ; but providentiall exemption of vs hereby from the late
THE MASSACHUSETTS BAY IN NEW ENGLAND.
45J
19 December
WcOiTS & temptations of either party wee account as a ftivo'' from God; the 16 6 0. former cloaths vs w"^ sack cloth, the latter with innocence.
What reception, curtesy, & tequanimitje those gen'" & others, adh£ere''s to the royall interest, who, in theire adverse chainges, vissited these parts, were enterteined w"' amongst vs according to the meanes of our condition, wee appeale to theire owne report.
Touching complaints putt in against vs, our humble request only is, that for the interim wherein wee are as dunibe, by reason of absence, yo"^ maj*^" •would permitt nothing to make an impression vpon yo'' royall heart against [*363.] vs, vntill wee haue both oppertunity & licence to answerc for ourselves. ' Few willbe nocent,' sajd that impleader, 'if it be enough to deny.' 'Few will be innocent,' replyed the then emperor, 'if it be enough to accuse.'
Concerning the Quakers, open & capitall blasphemers, open seducers from the glorious Trinity, the Lords Christ, our Lord Jesus Christ, &d, the blessed gospell, and from the Holy Scriptures as the rule of life, open enne- mjes to gouernment itself as established in the hands of any but men of theire oune principles, malignant & assiduous promoters of doctrines directly tend- ing to subvert both our churches & state, after all other meanes for a long time vsed in vajne, wee were at last constrejned, for our oune safety, to passe a sentence of banuishnient against them, vpon pajne of death. Such was theire daingerous, impetuous, & dcsperat turbulcncy, both to religion & the state ciuil & eclesiasticall, as that, how vnwillingly soeuer, could it haue binn avoyded, the magistrate at last, in conscience both to God & man, judged him- self called, for the defence of all, to kecpe the passage w"' the point of the sword held towards them. This could doe no harme to him that would be warned thereby: theire wittingly rushing themselves therevpon was theire oune act, & wee, w"" all humillity, conceive a crjme bringing theire blood on theire oune head. The Quakers died, not because of theire other crimes, how capitoll soeuer, but vpon theire superadded presumptuous & incorrigible contempt of authority ; breaking in vpon vs, notw"'standing theire sentence of bannishment made knoune to them. Had they not binn restreined, so farr as appeared, there was too much cause to fcare that wee ourselves must quickly haue djed, or worse ; and such was theire insolency, that they would not be restreined but by death ; nay, had they at last but promised to depart the jurisdiction, & not to returne w'^'out leaue from authority, wee should haue binn glad of such an oppertunity to haue sayd they should not dye.
Lett not the king heare mens words. Yo"' servants are true men, fearers of God & the king, not given to chainge, zealous of gouernment & order.
19 December.
452 THE RECORDS OP THE COLONY OP
1660. orthodox and peaceable in Israeli; wee are not seditious as to the inter est of Caesar, nor schismaticks as to the matters of religion ; wee distinguish betweene churches & theire impuritys, betweene a Ijving man, tho not w^'out sicknes or infirmitje, or no man. Irregularitjes, either in ourselves or others, wee desire to be amended.
Wee could not liue w^'out the publicke worship of God. Wee were not pmitted the vse of publicke worship w"'out such a yoake of subscription & conformity as wee could not consent vnto w"'out sinne. That wee might therefore enjoy divine worship w*out the humajne mixtures, w'^out offence either to God, man, or our owue consciences, wee w"' leaue, but not w^'out teares, dejsarted from our country, kindred, & fathers houses, into this Path- mos, in relation wherevnto wee doe not say our garments are become old by reason of the very long journey, but that ourselves, who came away in our strength, are, by reason of very long absence, many of vs become grey head- ed, & some of vs stooping, for age. The omission of the prementioned in- junctions, together w"' the walking of oiu' churches, as to the point of order, the congegationall way is all wherein wee differ from our Orthodox brethren. S'', wee lye not before yo'' sacred maj'je. The Lord God of gods, the Lord God of gods, he knoweth, & Israeli he shall know ; if it were in rebellion or schisme that wee wittingly left our dwellings in our owue, or continew our dwellings in this strainge land, saue vs not this day.
[*364.J *Iloyall S'': If, according to this our humble petition & good hope, the
God of the spirritts of all flesh, the Father of mercjes, who comfortetli the abject, shall make the permission of the bereavement of that all for w'^'' wee haue and doe suflTer the losse of all pretious, so pretious in yo"" sight, as that yo'' royall heart shall be inclined to shew vnto vs the kindues of the Lord in your highnes protection of vs in those libertjes for ^v'^^ wee hither came, and which hither- to wee haue heere enjoyed vpon Hezekiahs speaking comfortably to vs as to sonnes, this orphant shall not continew ffatherlesse, but growe vp as a revived infant vnder its nursing ffiither. These churches shallbe comforted ; a doore of liopc opened by so signall a pledge of the lengthening of theire tranc[uillity ; these poore & naked Gentiles, not a few of whom thro grace are come and coming in, shall still see theire wonted teachers w"' the incouragement of a more plentifuU increase of the kingdome of Christ amongst them ; and the blessing of yo'' poore aflictcd, (and yet, wee hope,) a people tiiisting in God, shall come vpon the head & heart of that great king who was sometime an exile as wee are.
With the religious stijipulation of our prajers, wee, prostrate at yo'' rojall
THE MASSACHUSETTS BAY IN NEW ENGLAND. 453
feete, begg pardon for this oui- boldnes, craving finally that our names may be 1 G G 0. enrolled amongst ''
19 December.
Yo-^ maj'jcs most humble ^y.^ „^3 ^„b-
Subjects & suppliants, ^""^^'i * ™"*
"^ accordingly.
JOHN ENDECOTT, GoQno^ in the name & by the order of the Generall Court of y° Massachusetts.
To the Eight Honno'''* the Lords & CoiSons now assembled in Parljament.
The humble peticon & addresse of the Generall Court of the Colony of the
Massachusetts in New England Humbly sheweth, —
That yo'' peticbn's left theire deare native countrje, vndertooke the haz- ards of a daingerous vojage ouer the vast ocean, exposed themselves, theire wives & children, to the perills & dlfficultjes of a desart wildernes, vpon no dissattisfaction as to ciuill gouernment, but that w"'out offence to God & our oune consciences, wee might worship God w"^out those humaine mixtures which were imposed by the then prevayling hierarchie. Vpon the incourage- ment of his late majetjes letters pattents, vnder the securitje whereof your peticoners, at theire oune charge, transplanted themselves, and for these thir- tje yeares haue continued here vndisturbed, and enjoyed the rights & privi- ledges graunted by pattent.
But so it is, right honno'''"', (as wee are informed,) that endeavo's haue binn vsed to render vs obnoxious, w* wee haue good reason to hope will finde no reception w"* yo' honno's, and thereby wee are encouraged to supplicat this most noble senate (as wee haue our gracious soueraigne) to extend yo"' favorable protection ouer vs in the enjoyments of our just priviledges, so graunted and so long enjoyed by vs.
*Wee are not vnwilling, & hope wee necde not be ashamed to giue [*365.J your hono'"s an account w"' what integritje & simplicitje of heart wee haue mannaged the trust comittcd to vs, or excercised any power, tho perhaps to the dissattisfaction of some noccnt ; your more serious concernments forbids vs to presume to trouble your honno''s w"' any defence, because perhaps but at randome ; and wee haue this hope, that yo'^ honno'' will be very tender of admitting of appeales in particular cases, as not only pjudicall, but euen destructiue to vs. The right honno'''"' lords comission''s for plantations were pleased prudently to intimate to vs in theire letters y'' 25"' of May, 1647. Our defence made to his majestie, and our printed declaration, wee hope will abun- dantly sattisfy concerning our proceedings against the Quakers.
454 THE RECORDS OF THE COLONY OF
1 G G 0. Our late claymlng & exccrcising jurisdiction ouer sonic plantations to the
"~ ""^ ^ eastward of vs, supposed to be ^"^001 the Ijmitts of our patteut, was vpoa
11) Dpcpnibpt".
the petition of sonudry the inhabitants there, and after an exact survey of the
Courts address i ^ ^ j
to y High bounds graunted vs, not out of desire to extend a dominion, much lesse to
Court of Par- . • i i • i i • i
liam'. p>judice any mans right, wherein wee hope wee haue not mistaken, yet must
& shall, willingly reserving liberty of making our defence, submitt to the pleasure of his majesty & the high Court of Parliam'.
For complaints in any other particcular case, your honors very well know none cann be innocent if an accusation may passe for a conviction, and there- fore wee assure ourselves yo' honnors will be deaffe whilst wee must be (by reason of cm- distance) dumbe.
Right honno''ble, yo' favorable aspect vpon this poore colony wee hope will advance the honnor of God and the king, f vayling motiues w"" pious & noble patriotts.
It cannot but be most honnoble for his majesty to rattify & confirme the grauut of his royall ffather, and the priviledgcs enjoyed by his subjects, not only in his dayes, but vnder all the powers that haue since ^vayled, that wee may not be loosers by his majestys restitution, but may haue cause, w* the rest of our countrymen, to joyiie our joyfuU aclamatlon, Vivat Carolus Secundus.
God is hoiiored, whiles the poore Indians are made pertakers of the true knowledge of the Sonne of God in a more hopcfuU way then wee haue heard elswhere, & that by the great charity of many pious benefactors in our natiue country, encouraged and allowed by authoritje there, which was also a princi- pall intent of liis majestie declared in the pattent, which pious & charitable worke will, wee doubt not, be so acceptable to yo'' honnors that no encourag- ment shall be wanting on yo' part which may be expected or desired of the professed servants of the Lord Jesus.
In these & many other considerations wee promise ourselves, & humbly beg yo' honnors favor & encouragement in the premisses, w'^'' craning pardon for thus interrupting yo' more vrgent occasions, & craving for yow the gui- dance & asistance of the wonderfull Counseller, the Prince of Peace, is the humble peticon of
Yo'' honnors most humble suppliants,
JOHN ENDECOTT, Goan--, in y" name & by y« order of y" Geii Court of the Massachusets jurisdiction in N: England.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 455
lustruccons for our honnored & loving freinds. Cap? John Lcucret, or, in his 1 (I(!0. absence, Richard Saltonstall & Henry Ashurst, Es^s. ''
19 December.
1. Yow are to take the first opportunity that may be, in the best & most acceptable manner, to deliuer the petitions herew"» sent to his maj^e & high Court of Parliam'.
2. To interest as many gcril of worth in Parliam', or that are neere vnto his maj'^", as possibly may to oune & fauor our cause, & to beget in them a good opinion of vs & our proceedings. 3. By all possible meanes to gett speedy & true information of his maj'-'" sence of our petition, & of the gouernm' & people hcere, together w*'' y" like of y^ Parliam'^ 4. If the king or Parlia- ment should demand what those priviledges are which wee desire, the contin- uance of yo' answer may be, all those vf"^ are graunted vs by pattent, & that wee haue hitherto enjoyed in church & coiiionwealth, w*''out any other power imposed ouer vs, or any other infringement of them w"*" would be destructiue to the ends of our comeing hither ; as also that no appeales maybe permitted
from hence in any case, civill or criminall, yv"^ would be such *an intoUerable [*366.] & vnsupportable burthen as this poore place (at this distance) are not able to vndergoe, but would render authority & goflinnt vajne & vneffectuall, & bring vs into contempt w"" all sorts of people ; and if yow fiude the king & Parlia- ment propitious to vs, to vse yo"" vtmost endeavors for the renewing y* act that freed vs from customes.
5. Vpon any matter of complaint by any of his maj'-'" subjects, or others, relating to the bounds & limitts of our pattent, our humble desire is, that wee may haue notice thereof, & liberty to answer for ourselves, before any determination or conclusion be made against vs, w""" being donne, wee shall finally acquiesse in such issue as his maj'^, the high Court of Parliam', or any substituted by them, shall put thereto.
6. If any thing be perticcularly alleadged relating to the iron works, the ■ answer is, it was first heard & judged in an inferior Court, & afterwards
vpon a full hearing & due consideration by the Generall Court, who gaue judgment impartially according to the pleas & evidences then produced, & shall be ready, if desired, vpon new evidence & better pleas, to allow another hearing thereof; and for further & more perticuler answer herevnto wee must referr yow to what yow know or hath beene formerly informed from hence.
7. Concerning o'' proceedings against the Quakers, our ans'' is conteined in our printed declarations & petition to his maj'je, w"^"* wee hope will sattisfy ; but if there should be any designe to incourage theire coming hither, or his maj'J" induced to permitt them theire liberty here, (w^'' God forbid,) wee en-
456 THE RECORDS OF THE COLONY.
1660. treate yow aboue all things els to vse yo"" vtmost interest to pvent, as being ' "^ ' destructiue to our being here, & so contrary to our consciences to permitt, ^ & no lesse oppssion of vs then the destroying of vs & ours by the sword.
8. To giue vs as full intelligence as may be by the first opportunity* of all matters that concerns vs, & what yow conceiue necessary to be donne for our advantage.
9. If any objection be made that wee haue forfeited our pattent in seuer al perticculars, yow may ans'', that yow desier to know the perticculars objected, and that yow doubt not but a full ans'' will be giuen thereto in due season.
10. Finally, it is our meaning that, if in publicke yow, or either of yow, be called to answer to those or any other perticulars, that yow giue them to vn- derstand that wee could not impower any agent to act for vs, or answer in our behalfe, because wee could not forsee the perticculars wherewith wee should be charged ; but these are only private intimations to yo''selves, which wee desire yow to make vse off for our indemnity as yow best may, in a more privat way & personall capacity. The addresses & instructions aboue & on y' other sides written were ordered to be sent in a short letter to Capt Leuerett, & in case of his absenc, to M'^ Eich Saltonstall & M' Heniy Ashurst, w"^"* letters are on file.
MISCELLANEOUS RECORDS.
MASSACHUSETTS RECORDS.
MISCELLANEOUS ENTRIES CONTAINED IN PART FIRST OF THE FOURTH VOLUME OF RECORDS.
Freemen of the Colony of the Massachusetts Bay in J\^ew England,
1650—1660.
[The foUomng lists contain the names of those who took the freeman's oath at the General Courts of Election, and are entered in the margins of that [jorti(m of the fourth volume which is comprised in this. They are iu the handwriting of Secretary Eawson. Names of persons who took the oath at other times and places, and which are included iu the returns of commissioners, will be found printed in the precediug pages of this volume.]
•The names of such as
Johu Shepheard, Henry Prentice, Abraham Busby, Jacob Greene, Richard Slower, Thomas Welch, W"" Pajne, David Mattocke, John Sannders, Rob* Parmiter, Peeter Addams,
were made free before [22 May, 1650.]
John Jones, Joshua Edmonds, W™ Vnderwood, Nathaniell Bale, Joseph Mirriam, Isack Addington, Habbacuck Glouer, Samuell Foster, John Weld, Rob' Harris,
the Eleccon the same day, 1650.
Georg Brand, Samuell Williams, Thomas Hanford, John Parker, M"" John Knoules, John Ball, Rob' Pearse, Henry Mason, W-" Ireland, Edmond Broune.
22 May.
*The names of such as were made ffree before the Eleccon the same day,
[7 May, 1651.]
W- Blake,- Aron Way, Josias Convers, John Brookes, John Mousell, Hugh Thomas, Charles Grise,
M'^ Sam: Haugh, Rich: Whitney, Rich: Ouldam, W" Hamlett, John Taylor, Henry Butler, George Fry, W" Pratt,
Martjn Saunders, Samuell Kingsly, W-" Owen, David Walsby, Edward Rise, Solomon Johnson, Georg Dell.
1651.
7 May.
[*33.]
(459)
460
MISCELLANEOUS KECORDS.
16 52.
26 May.
•[*75.j
25 February.
*The names of such as were made free before the Eleccbn the same day,
[26 May, 1652.]
Joseph Eocke, James Richards, Tho: Einans, Henry Steevens, Bost. Jo: Mairjon, Eob' Sanforth, Joshua Brooke, Cone. Joseph Knight, Hen: Baldwine, Woob. Rich: Gardjner,
Tho: Wisewall, Dorch.
Jn" Sawen, Water.
Ric Norcrosse,
Niccolas Willjams,
Isacke Heath,
W"" Garey,
Peleg Heath, Roxbur.
Tho: Brewar,
Jacob French, Weim.
W" Atwood, Charles T.
Frauncis Moore,
Dan: Bloget,
W" Bordman, Camb.
Solomon Martjn, And.
James Blake, Dorch.
Tho: Prentice,
Jn° PeirPoint, Rox.
Moses CoUjer, Hing.
Jn° Fering.
Made free Feb., 52. ^ Norcross, Water T. Rob' Howard, Dorch.
1653.
18 May. [*113.]
*The names of such as were made free before y" Eleccon y^ same day,
[18 May, 1653,]
Mr W" Hubbard, I. Symon Stone, W. Sam: Stratten, Abra: Newell, Rox. Jos: Griggs, Tho: Stowe, C. W" Martjn, W"" Eaton, Jonas Eaton, Tho: Marshall, Tho: Dwight, Tho: Medcalfe,
Read.
^Ded.
W" Hilton, Newb Tho: Skinner Jn° Spragc, Nath: Vpham, J Rich: Boulter, Tho: Whitman, Walter Cooke, Jn" Guppee, Jn" Thompson, Jonas Humphry, Richard Porter, W"" Reade,
Maid.
T
J" Weim
Joshua Hubbard, Jerremjah Hubbard, Jn° Wight, 1 W" Patridg, [ Joseph Clarke, , Nath: Souther, Steeven Pajne, Joseph Addams,
5
05
Meadf.
Bosto,
1654.
~~~> -'
3 May. [*160.]
*Made fee [3 May, 1654.]
Jn° Morse, Jacob Eliott, Jn" Tinker, Hugh Drury, Jn" Parker, Tho: Weld, Jn° Rugles, Nath: Glouer, Jacke Jones, Tho: Hinksman,
Sam: Hunt, Caleb Brooke, Tho: Marsh, Michaell Knight, Jn° Kent, Tho: Battle, Tho: Herring, Joseph Child, Frank Whitmore, Tho: Sawer,
Jn" Greene, Joseph Champney, Alex: Marsh, Jn° Fasell, Edw: Addams, W-" Chard, James Smith, Andrew Foored, Jn" Smith, W-" Marble.
MISCELLANEOUS KECORDS.
461
*At w'^^ Court [33 May, 1655] was made fFree
*The names of such as wcnc made ffico, & tooku tlicire oathes in open
Court, [U May, 1656.]
*The names of such as were made flree at this Cour, & tooke theire oathes [6 May, 1657] were, —
1G55.
|
M'" Seaborn Cotton, |
W"' Hilton, |
W'" Reade, |
23 May. |
|
Abra: Newell, |
Tho: Skinner, |
Symon Stone, |
[n94.] |
|
Joseph Griggs, |
Jn" Sprauge, |
. Sam: Straiten, |
|
|
Tho: Stowe, |
Nathan: Vpham, |
Joshua Hubbard, |
|
|
M^ W" Hubbard, |
Rich: Boulter, |
Jcrremy Hubbard, |
|
|
W"' Martyn, |
Thomas Whitman, |
Jn" Wight, |
|
|
■W" Eaton, |
AYalter Cooke, |
W"> Patridge, |
|
|
Jonas Eaton, |
Ju° Guppce, |
Joseph Clarke, |
|
|
Thomas Marshall, |
Jn° Thompson, |
Steeven Pajne, |
|
|
Timo: Dwight, |
Jonas Humphry, |
Joseph Addams, |
|
|
Tho: Medcalf, |
Rich: Porter, |
W'» Johnson. |
1G5G.
|
14 May. |
|||
|
JP Sam: Bradstreet, |
Tho: Read, |
Jn" Chadwlcke, |
r*2i9.] |
|
]\P Sam: Whiting, |
Tho: Basse, |
Steeven Gates, |
L J |
|
]\P W'" Thompson, |
Hen: Wooddeys, |
Abr: Ripley, |
|
|
Job Lane, |
Abr: Jackewish, |
Jn" Ripley. |
|
|
Jn" Freary, |
1G57.
|
6 May. |
|||
|
Willjam Lane, |
George Sumer, |
Jacob Park, |
[*241.] |
|
Henry Douglas, |
Justinian Houlden, |
Leonard Hurryman, |
|
|
Joseph How, |
Anthony Beers, |
Francis Weyman, |
|
|
W'" Dinsdale, |
Jer: Beales, |
Sam: Stone, |
|
|
Amiell Weekes, |
Rich: Griffyn, |
Tho: Fa.^on, |
|
|
Roger Sumner, |
Humphry Barrat, |
Jn° Dussett. |
•Persons made ffree & y' tooke y"' oathes, [30 May, 1660.]
IGGO.
|
C!olonell W" Croune, |
Jn" Elliott, |
Jacob He wen, |
30 May. |
|
Augustin Lindon, |
Alex: Pannly, |
Nath: Clap, |
[*336.] |
|
Tho^ Dinsdsall, |
W- Wheeler, |
Tho: Rand, |
|
|
Tho: Watkins, |
Jn" Billing, |
Josiah Hubbard, |
|
|
Hugh Clarke, |
Tho: Rice, |
James Whitton, |
|
|
Jn" Majes, |
Mathew Rice, |
John Nutting, |
|
|
Sam: Majes, |
Hen: Spring, |
Phillip Read. |
GENERAL INDEX.
GENERAL INDEX.
Abdy, Matthew, 312
Acadia and Nova Scotia, order concerning fur
trade in, 355
Accomenticus, see Agamentieus. Actions at law, parties to be nonsuited or de- faulted for non-appearance, &c., and, in such cases, new fee for reentry to
be paid, 4
for trespass, order concerning, 4
plaintiff to take out either summons or at- tachment, as he may elect, .... 5 order concerning entry of. by strangers, . 20 attachments of goods and bonds for ap- pearance to continue in force till exe- cution is satisfied, 26, 27
evidence, on trial, to be in writing, ... 27 order concerning costs, &c., in actions for
trespass, 27
parties appealing and not prosecuting ap- peal to be fined, 38
plaintiff to state in what capacity he sues,
whether as executor, attorney, &c., . 38 to be tried by the Court unless either party
desires a jury, &c., 81
fees for entry in Court of Commissioners
at Boston, 104
to be tried at election of plaintiff, &c., . . 105 triable in the Commissioners Court of Bos- ton, &c., order concerning, .... 105
law omitting juries repealed, 107
fees of marshal for services, 152
appeals not to be heard by any that tried
the case in the Court appealed from, . 152
order concerning appeals, 183
carried to the General Court to be there determined as cases stated ; the par- ti 3s' names to be omitted, . . . .184 VOL. IV. P.\RT I. 59
Actions at law, judgments and executions not
to be assigned, 202
plaintiff dying, administrator may take out
execution, 202
affirmation to be proved by plaintiff; spe- cial verdicts allowed but non liquet
prohibited, 290, 291
transferred from inferior Courts to be by
copies under the hand of the clerk, . 280 decision concerning execution of judg- ments, &c., 313
decision concerning appeals, 351
restriction of minor actions of trespass, . . 351 order concerning levy of executions, . . 365 upon disagreement of bench and jury, to go to Court of Assistants, not to the
General Court, 381
Adams, Addams, Alexander, 64
George, 133
Philip, 129
Henry, deputy, 365
Richard, 177
Administration of estates, see Estates.
Admiralty law, see Lex Mercatoria.
Adultery, decision by the General Court on a
case stated, 212
Affidavits, order concerning proper framing and
writing of, 85
Agamentieus or Gorgeana, freemen admitted at, 129
called York, 129
Aires [Eire], Simon, to be paid for medicine,
&c., 89
Aixey, James, deputy, 181
Alcock, John, 129, 436
land laid out to, 227
committee appointed to locate lands for, . 268 petition of, concerning grant of land, . . 296
(465)
466
GENERAL INDEX.
Alcock, John, petition concerning grant of land
at Whipsufferage, 403
Mr., 317
Alciicke, Samuel, 129
Alcoke, Joseph, 129
Alice, a Welsh woman, to be sent home, . . 92
icleased from prison, 112
Aileii, Bo/.oon, 25, 42
captain at Hingham, 47
to be paid for powder, &c., 68
inspector of leather, 93
deceased, his widow, Edward Rawson, and
Jeremiah Howchin executors of will of, 116
deputy, 2, 77
Edward, 148
John, 10
deputy, 37
pastor of Dedham, farm laid out to, . .1 74 overseer of Harvard College, .... 204 Margaret, authorized to confirm sale of house of E. Lamb to Thomas Boyden, 31
Samuel, 31
Thomas, committee on Harvard College, . 362
Allyn, Mr., 280
Allerton's Point, 115
Ancient and Honorable Artillery Company,
land located for, 243
part of former grant located, 308
See Military Company of Massachusetts.
Ancor, Thomas, 373
Audover, 194, 201
deputy of, 37
bounds, committee to settle, 96
highways to Ipswich, Rowley, and New- bury, committee to locate, . . . .103
highway, 138
and Reading, committee appointed to lo- cate highway between, 146
to Reading, return of committee to locate
highway from. 178
and Killerica, line between, altered, . . 333 Andrew.s, Andrewes, John, . . 124, 329, 373, 401 Samuel, and Jonas Clarke appointed sur- veyors of north bounds of Massachu- setts, 178
return of, concerning observation of
north line, 207
Angler, Edmund, 9
Sampson, 129
Antigua, trade with, forbidden, 40
Appeals, see Actions at law ; also Criminal Proceedings.
Appleton, John, 292, 317
deputy, 255, 286', 321, 364, 449
and Mrs. Priscilla Glover authorized to be
married, 74
Appleton, Lieutenant, petition of, concerning
estate of Josse Glover, 214
Apprentices not liable for their masters' debts, 150 Aquedahtan, the name of the head of Merri-
mac River, 109
Archer, Archard, Samuel, 198, 281
and others vs. Henry Webb, 374
Armitage, Joseph, 51
and Thomas Williams, case between, re- ferred, 318
vs. Thomas Williams, judgment for de- fendant, 343
Arms, &c., stock of powder to be purchased b)' surveyor and Captain Humphrey Atherton, 3
surveyor not authorized to sell any ord- nance, &c., 5
order concerning providing, by towns, to
be sent to towns by secretary, ... 6
of towns, persons removing not entitled to
a share in, 35
Captain Keayne and others to pay for guns
borrowed, 47
notice to be given to notary public of pow- der, &c., imported, 57
Surveyor General John Johnson granted
five pounds per annum, 74
towns to have carriages, &c., made for
ordnance, 105
petition of Boston concerning annual choice
of surveyor of, 146
Miles Tearne to make drum heads, . . .149
order concerning sale of povrder, .... 195
towns having ordnance to mount the same, 222
surveyor to make annual report of stock on
hand, 2.'>S
surveyor to buy powder, 281
powder to be provided by county Treas- urer, 366
new surveyor appointed ; committee to
take account of former, 391
powder to be purchased, 410
three commissioners to officiate in place of
surveyor general, 422
wine duties to be expended for powder, . 423
inquiry to be made as to powder on hand, 4-iO Arnold, Benedict, 332
Stephen, 333
William, . .14,15,17,46,332,333,356,411 and others, residing in Patuxet and
Shawamet, letters to, 16
to be written to concerning Shaworaet, . 34 petition concerning jurisdiction over Pa- tuxet, 149
and others, petition to be free from au- thority of JNIassachusetts, ... . 333
GENERAL INDEX.
40
>i
Arson made felony, 83
Artillery company, day of meeting in Boston
changed, 1650, 5
Ashurst, Henry, 456
and others, committee on Harvard Col- lege, 362
Aspinwall, William, 66 — 68,118
and E. Bendall, to give in account on oath,
concerning the ship Planter, .... 44 Thomas Gayner plaintiff against, ... 97
Mr., 137
Assabeth River, 54
land located on, to Hermond Garrett, . . 43 Assualt and battery, see Husband and wife.
Astwood, James, 187
deceased, William Parks, administrator,
authorized to sell estate of, .... 188
order concerning estate of, 215
John, 167, 169, 172
Atherton, Humphrey, 20, 43—45, 89, 98, 110, 135,
141, 144, 154, 183. 188, 200, 203, 204, 215,
21V, 218, 219, 225, 245, 247, 277, 396. 409,
436, 445. 448.
chosen Assistant, 181, 221, 254, 285, 320, 364,
416 substitute for commissioner of United Col- onies, 255, 364, 416
deputy, 2, 37, 120
speaker, 120
to buy powder, 3
commissioner to Plymouth concerning
Shawamet, 15
return of, 16
five hundred acres of land granted to, . . 19 and soldiers, paid for services to Narra-
gansett, 35
major for Suflolk, in the absence of Major
Gibbons, 107
allowed to keep his sheep on Martin's
Vineyard, or Nantucket, 199
land located for, 332
authorized to establish Courts for Indians, 334 is desired to locate land elsewhere than
on Connecticut River, 380
land granted to, 400
joined with the magistrates for Hampton
Court, 404
to keep the County Court at Hampton, 406,
425
Major, 254, 260, 270, 305, 327, 334, 343, 354,
362, 395, 424, 428
Atkinson, Theodore, 73^ 236
Attachment to continue till execution be satis- fied, 26, 27
Attachments, see Actions at law.
Aubrey, William, 99^ 238
Aubrey, Mr.,
Auditor, committee appointed to examine ac- count of,
and Treasurer, committee to take accounts
of,
clerk of the House of Deputies to account
with,
petition of Boston concerning annual
choice of,
and Treasurer, annual accounts of, to be
published,
committee appointed on accounts of, to continue in oflice till Court of Election
ne.\t, 1656,
office of, to cease, and duties transferred to
Treasurer,
Augur, Arthur, Jun.,
Aurania, Fort, plantation near,
Austin, Samuel,
Avery, Christopher,
Awerey, Christopher, answer to petition of . .
Babb, Philip, 124,
constable for Island of Shoals, .... Bacon, Nathaniel, commissioner on Harvard
College,
Badcock, George,
Baker, John, 160, 164,
Jeputy,
of Ipswich, to be paid by Treasurer, . .
Nathaniel, vs. Hingliam,
Thomas,
Baker's Pond,
Bakers, penalty for light weight of bread, . .
Ball, Richard,
Banckes, Richard,
Banishment, law concerning, suspended, &c., . Barbadoes, Bermuda, Antigua, and Virginia,
trade with forbidden,
trade permitted to, under conditions, . . Barber, George, eldest sergeant at Medfield, . Barker, Francis, of Concord, deceased, order
to sell house of, 253
Richard, 139, ]4o
George, l «•>
forbidden to preach at Saco, .... li;:!
Barney, Jacob, deputy, 1 1 j
Barren, John, 191,198,337
Sergeant, 191
Barrett, John, Sen., 158
John. Jun., 158
Bartlett, John, fine for want of weights, &c., re- mitted, 11
Robert, 227
of Northampton, 271
BaHl.o'imew, Henry, 29, 42, 423, 427
deputy for Salem, . . 2, 37,' 77, 181, 32(>, 416
244
89
113
146
152 151
284
318 358 438 158 210 210 136 127
362
342
165
2
31
M
66
138
79
163
129
433
40
57
111
468
GENERAL INDEX.
Bartholmew, Henry, and William, money ad- vanced by, for expenses of commis- sioners of the United Colonies, ... 20 William, . . . .20,249,267,283,292,317
deputy for Ipswich, 2
surety for John Gifford, &c., . . . 242, 243
Bartrum, John, 207
Cascom, Thomas, commissioner at Nonotucke, 227 Baslom, [Bascom], Thomas, commissioner at
Northampton, 271
Bassatt, William, petition concerning forfeited
peas denied, 10
Basse, Samuel, 401
deputy, 182, 286, 365
answer to petition of, 377
Deacon, 231
Batchiler, Mary, petition of, 282
Mr., 316
Messrs. Colcord and Sanborn, agents for, . 67
Goody, 354
Bate, Anne, 293
Edward, deputy, 449
Bateman, John, 99
Bates, James, 446
Batsons, Stephen, 1*54
Batt. Christopher, 32, 208
deputy, 2, 416, 449
commissioner for Norfolk Court, .... 18
vs. the town of Salisbury, 174
Mr., 174
Batten, Hugh, 227, 228
Batter, Edmund, 224, 230, 247
deputy, 221, 449
Bayly, Jonas, 358
Mary, 124
Theophilus, 243, 244
Beales, John, deputy, 364
Beames, Andrew, 358
Beamis, Joseph, 238
Beck, Alexander, petition, of, 349
Beoket, John, and others, petition of, . . . .174
Becks, Becx, John, 330
and company, of the iron works, John Gif- ford plaintiff against, . . 188, 241—244 John Gifford released from prison on pe- tition of, 268
Beef, pork, fish, &c., casks for, to be of full
gauge, 105
oath to packers of, 105
importation of, forbidden, 246
inspection of, see Inspection. Beer not to be sold above twopence per quart, 151
See Brewers. Belcher, Belehar, Andrew, . . 353, 370, 376, 405 Edward, his claim disallowed, .... 332 Gregory, petition of, 398
Belcher, Gregory, and others, petition of, for
new plantation, 445
Jeremiah, 352
three hundred acres of land granted to, 378
Bell, Thomas, executioner, 146
BelUngham, Richard, 20, 35, 44, 45, 85, 119, 135, 188, 195, 200, 217, 218, 221, 245, 254, 277, 281, 285, 320, 364, 415, 416, 448. Deputy Governor, 119, 221, 254, 285, 320, 364,
416 substitute for commissioner of the United
Colonies, 1,37,77,119,285
Governor, 181
Assistant, 1, 36, 76
commissioner for Norfolk Court, .... 18 to hold the Court at Strawberry Bank, . . 90
to hold Norfolk County Court, 94
to hold the Court at Dover, 95
to hold the County Court at York and Kit-
tery, 132
chairman of the committee to reduce gov- ernment expenses, 135
and others, a committee to revise laws of
the session, 149
commissioners sent to Maine, report of, 157 associate in York County Court, .... 224 one fourth of Block Island granted to, . . 356 and town of Salem, difference between, . 375
Mr., 10, 66, 112, 177
ten shillings paid to servants of, . : . 56
Bendall, Edward, 44, 67
Bennet, Bemet, Bemett, George, . . . 282, 336
Henry, 423
John, 327
Samuel, 302. 374
surety for John Gifford, &c., . . . 242, 243
answer to petition of, 302
petition of, 423
William, 423, 427
Bent. Peter, petition of, 173
Bermuda, trade with, forbidden, &o., . . .40, 57
Bernard, Hannah, 412
Berry, Ambrose, 435
Berstow, Michael, deputy, 120
Betts, John, 145,147
Bible, penalty for denying, see Scriptures, Holy.
Billerica, established as a town, 237
grant of land to, for Cambridge, . . 268, 269 grant of eight thousand acres of land lo- cated for, 302
bridge at. to be finished, 307
and Andover line, 333
brandmark for, 339
Bing, Anthony, . 174
Births, see Registration.
GENERAL INDEX.
4G9
Bishop, John, 215
Bitlield, Samuel; rs. Archibald Henderson, . .111
Black Point, 312, 338, 359
Blaino, John, 244
Blanton, William, answer to petition of, . . . 97 petition of, concerning Indians, .... 174
Blasedall, widow, 211
Blasphemy, committee appointed to draw up
law against, 218
Blind Hole, woodland near, granted to Govern- or Endicott, 65
Block Island granted to Governor Endicott and
others, 356
Blood, James, deputy, 449
John, 237
land granted to Mr. Haugh laid out for, 230
Robert, 237
Sergeant, 18
Blue Point, 312, 359
Boade, Henry, 158 — 160
Boats or other vessels not to be sold to Indians, 277
Boden, Ambrose, Sen., 358
Ambrose, 358
Bogerstow, iarm laid out to Rev. John Allen at, 174
Boiden, Thomas, 31
Boles, John, ensign at Roxbury, 173
See Bowles.
Bond, Nicholas, 129
Thomas, answer to petition of. .... 328 Bonighton, Boniton, Bonython, John, 299, 358, 396
warrant for arrest of, 264
proclamation against, 343
return of committee on petition of, . . . 435 Book, entitled the Meritorious Price of our Redemption, Justification, &c., writ- ten by William Pinchon, orders con- cerning, • . . . . 29, 48, 49
of Records of House of Deputies to be per- fected, 33
written by Rev. John Norton in answer to
Mr. Pinchon to be printed, .... 72
for recording letters kept, 73
of records, old, to be transcribed by the
secretary, 180
Books of John Reeves and Lodowick Muggle-
ton, order concerning, 199
of Reeves and Muggleton to be burned, . 204 Quakers', order against importation of, . . 278
Booth, Robert, 162, 214, 233, 421
deputy, 365
commissioner and selectman at Saco, 162, 163
authorized to preach at Saco, 163
Boreman, Thomas, answer to petition of, . . 299 Boston, 3, 5, 9, 19, 87, 105, 112, 121, 183, 195, 198, 240, 280, 312, 313, 332, 369, 383, 405, 412, 418, 437, 441.
Boston, deputies of, 2, 37, 77, 120, 181, 221, 255, 286, 320, 364, 416, 449 answer to petition of inhabitants of, . . . 9 petition of women of, for Mrs. Tilley, . . 2-1 granted powder to salute ships, . . . 35, 36 authorized to choose a new clerk of the
writs, 44
Court of Commissioners appointed to hear
minor cases, civil and criminal, . . 61 Water Works Company incorporated in
Conduit Street, 99
officers of, their rank established, . . .106
County Court at, deferred, 108
new church in, advised not to settle Mr.
Powell, 113
south company of, choice of John Leverett by, disapproved, he being now cap- tain of cavalry, 114
commissioners to be chosen by inhabitants
of, 115
church, Rev. Mr. Norton settled over, . .132 authorized to control survey of lumber in
its limits, 145
answer to petition concerning powder
house, choice of auditor, surveyor, &c., 146 answer to petition of the new church con- cerning ordaining Mr. Powell, . . . 177 new church, Mr. Reyner recommended to, by the General Court for settlement
as pastor, 210
new church, answer to petition of, . . .212 selectmen to fix wages of porter-s, . . . 222 and Ipswich churches, council to be called in relation to Mr. Norton's removal to
Boston, 225
County Court adjourned, 244
seniority of military officers, 246
and Lynn boundaries, order concerning, . 298 town house, for what purposes to be used, 327
tax abated, 327
farms and Ro.xbury, road laid out, . . . 327 commissioners, decision concerning juris- diction of, 351
commissioners of, 353
petition of, to be a corporation, .... 368 commissioners and selectmen to have
charge of inns, &c., 418
selectmen to order the improvement of
common lands, . 419
free school, one thousand acres of land
granted to aid, 444
Court of Commissioners at, see Court. Boswell. Isaac, vs. John Cheny, on appeal, 174, 208
Bo.sworth, Benjamin, 332
Boulter, Nathaniel, 188, 420
rs. Robert Lord, . . . . ■ 215
470
GENERAL INDEX.
Boulter, Nathaniel, Robert LoiJ plaintiff
against, in review, 228, 229
Boundary line of patent, north, three miles north of Merrimac River, at its most
northerly part, 93
north, commissioners appointed to survey
and report. 98
pay of commissioners on survey of, . .109 return of commissioners for survey of, . 109 answer of Mr. Cleve in relation to, . .175 commissioners appointed to mark the
limit of, on the sea coast, 178
observation by Clark and Andrews re- turned and sworn to, 207
resolution concerning, 312
south, committee appointed to survey, . . 424
Bounty, Roger, 207
Bourne, Garret, petition of Kibby concerning
estate of, 232
Bowers, Bowiers, Benanuell, 93
George, judgment against, for tearing a deed, 93
fined for illegal voting, 93
five pounds of fine of, remitted, .... 113
Bowles, Joseph, 158
clerk of the writs for Wells, 160
See Boles.
Bowling at inns forbidden, 20
Boyce, Boyes, Boies, Matthew, . . . 5,118,248
deputy, 2
Brackett, Brachett, Peter, 445
deputy, 120,255,321,416,449
appointed to marry at Braintree, .... 383
Richard, 230, 401
deputy, 222
Thomas, 369
Bradbury, Thomas, 42, 50, 73, 96, 97, 118, 134, 175, 178, 194, 211, 283, 286, 301, 340, 403, •425 deputy, ....'... 37, 77, 255, 286, 416 on committee concerning commissioners
of Boston, &c., 97
appointed special commissioner, .... 288
Bradford, William, 17
Governor of Plymouth, letter from, con- cerning Shawomet, 34
Mr., 141
Bradstreet, Simon, 42, 122—131, 194, 196, 200, 217,
224, 225, 245, 277, 298, 448
chosen Assistant, 1, 36, 76, 119, 181, 221, 254,
285, 320, 364, 416
commissioner for United Colonies, 1, 36, 77,
119, 181, 221, 254, 285, 320, 364, 416
land located on petition of, H
Major Daniel Denison and Captain Wil- liam Hawthorne commissioners to ac- cept Kittery. &c., under the govern- ment of Massachusetts 70
Bradstreet, Simon, and others, commissioners
to Kittery, 73
land granted to, 75
and others, commissioners to Kittery, Maine, commission and instructions
to, 109
and Captain Thomas Wiggin, committee appointed to lay out one thousand
acres of land for, 147, 177
and others, for executors of will of Thom- as Dudley, deceased, answer to peti- tion of, 178
five hundred acres of land granted to, . . 180
land laid out to, 211
committee appointed to locate land for, . 270 answer to petition of, concerning location
of land, 303
petition concerning location of land, . . 332
Mr. Stoddard plaintiff against, 375
is desired to locate land elsewhere than on
Connecticut River, 380
land located for, 394
guardian of Anna Keayne, Jun., .... 395
land granted to, 420
Blr., 271, 304, 362, 443
Braintree, . . . 183, 225, 313, 351, 377, 383, 398
deputies of, 2, 37, 77, 120, 182, 222, 255, 286,
321, 365, 416, 449
petition for bridge. 231
fine of constable abated, ' . £99
petition of, concerning paupers, .... 376
vs. Andrews and Phippeny, 401
tax abated, 424
petition for a new plantation, . . . 376, 445
Bragdon, Arthur, 129
Brance, Michael. 123
Brancen, George, . » 129
Brattle, Thomas, and wife, petition of, . . . 272 JNIr., and others, vs. John Coggan, . . .281 Bread, see Bakers. Breck, Breckc, Edward, .... 139, 232, 248
Breedon, Captain, petition of, 342
Brend, William, 371
Brenton, Martha, allowed to keep two English
children, 113
Mr., licensed fur trader, 354
Brewers, regulations concerning beer, as to
quality, price, &c., 59
Bridecake, Mr., 47
Bridge, John, 33,117,239
Bridges, see Highways and bridges.
upon county highways, see County.
Bridges, Robert, 188, 200, 217, 245
chosen Assistaiit, 1, 36, 76, 119, 181, 221, 254 petition concerning Mr. Woodcock's ac- count, 215
(JENJaiAL INDEX.
471
Bridiiefi, Robert, granted salary, 319
Bridiimaii, James, constable at Nortliamptoii, . 372
Brijrdeii, Mildred, 377
Tliomas, petition of, conccriiiiig estate of
Miehael Carthrieke, 377
Uriggs, George, 132
Brighaui, Sebastian, 5
deputy, 2
Thomas, deceased, order concerning es- tate of, 260
Brocke, John, 208, 229
Brooke, Brookes, Thomas, Sen., of Concord, . 201
deputy, 364, 416, 449
commissioner at Concord, 89
and partners, fur traders, 354
Broughton, I'homas, 86, 236
Mr., 247
Browne, Broune. Abraham, 312
Edmund, 276
land granted to, 214
and others, petition of, 228
of Sudbury, 274
minister at Sudbury, land located for, . 329
Franci.s, and wife, petition of, 282
John, 167, 169, 172
Richard, 43, 188
deputy, 2, 37, 77, 181, 221
land located for, near Medfield, ... 7
Thomas, 46, 317, 318
William, 276, 374
deputy, 181, 364
Mr., ■ • 11, 233, 412
Browning, Brownning, Thomas, 398
Bruers, Francis, 207
Buck, Lydia, 293
Buflam, Joshua, 349, 367
Bulkely, Buckley, Mr., 90, -280
Buncker, George, 272
Bnrch, Colonel John, vs. Samuel Maverick, for
Noddle's Island, 132
Burning of houses, hayricks, &c., see Arson.
Burrage, John, 296
Bur.sly. John, 123
Burt. Edward, 272, 334
patent granted to, for making salt, ... 91 two hundred acres of land granted to, . . 283 vs. George Munnings; judgment of the
County Court reversed, 65
Henry, 314
Bury, Ambrose, 164
Bu.sby, Mr., 381
Bush, John, 158
Buswell, William, 157
Kutten, John, 68
Buttles, Leonard, 99
answer to petition of, 97, 98
Calkin, Caulkin, Hugh, deputy, . . . . 2, 37, 54 e.vcused from further attendance, .... 33
dismissed, 54
Call, Thomas, 236
Cambridge, 12, 90, 96, 183, 225, 306, 308, 317, 375,
376 deputies, 2, 37, 77, 120, 181, 221, 255, 286, 321,
364, 416, 449
church, 228
and Shawshin, settlement between, as to
land titles, taxes, &c., 238
inhabitants of, and some farmers, case be- tween, postponed, 248
grant of land to Billerica for, . . . 268, 269 case concerning inhabitants south of river
postponed, &c., 284
committee concerning estate of, continued, 291 report of committee concerning dilhculty
in, 319
one thousand acres of land granted to, to
aid a grammar school, 399
platform, see Church discipline.
Cannidge, Matthew, 318
Canny, Thomas, 147,177,211
Capen, Joane, widow, fine for not proving a will
remitted, 116
Cape Porpus, . . . 157, 160, 161, 175, 214, 375 establishment of government at; made a
town, &c., 164
and Saco, division line, 399
and Wells, committee's return of boundary
line of, 425
Carby, William, 139
Cards and dice, use of, prohibited, 366
Carpenter, William, 15, 46, 332, 333
Carr, George, 231
Ram Island granted to, 248
to be free from taxes, &c.. 439
Carrington, Edward 70
answer to petition of, concerning Maiden
fine, 421
Cart Creek, 139
Carter, Anne, answer to petition of, .... 421
John, 407
Joseph, 176, 404
Mary, answer to petition of, 176
Richard, vs. Mr. Saunders, order concern- ing action, 51
Samuel, 176, 272, 404
Thomas, 176, 404
Ensign, 373
Carthrick, Michael, 377
Caruithen, Dickery, 175
Cary, James, clerk of the writs for Charles- town, 5
Casco Bay. 312, 33S
472
GENERAL INDEX.
Casco Bay, Black Point, Blue Point, and Spur- wink, included in Massachusetts by
commissioners, 357
Casmore, Richard, 332
Cassell, Gregory, 318
Castle Island Fort, commander of, to notify ships of the laws concerning stran- gers, 24
captain of, to hoist English colors, ... 41 allowance to commander of, for arms, &c.,
furnished, 50
committee appointed on repairs of, &c., 89, 110,
149, 154, 353 and battery, two hundred and twenty
pounds granted for repair of, . . . 149
committee for repairing, 149
soldiers of the twelve next towns to Boston to work upon in lieu of train- ing, 183
salary granted to the gunner of, . . . .192 captain to send out boats to look for ex- pected friendly ships, 193
order concerning signal of alarm from, . 1 93 constables to collect tax on soldiers for, . 202 committee appointed to contract with cap- tain of, 204
Captain Davenport to be paid, 205
marshal to collect arrears of tax for, . . 247 captain of, continued in office, .... 247
committee on finishing, &c., 260
new commission to captain of, .... 260
expense of repairs of, to be paid, . . . 403
Catta Island, granted to Governor Endicott, . 240
Cattle, law concerning impounding, &c., . . 290
Cavalry, encouragement to enlistment of, . . 80
officers, commission of, 108
rank of captain of, 183
to pay for their ferriage, 323
See Military affairs. Census of males to be returned by constables, 223 Chadborne, Chadborn, Chadbourne, Humphrey, 124
deputy, 286, 365, 417
excused from attendance, 293
William, 124
Chadwick, Charles, deputy, 286, 364
Challis, Chalice, Philip, .... 215, 279, 429 chosen lieutenant at Salisbury, .... 342
Chamberlyn, William, 240
Champernoone, Captain, 265
Champney, Champnie, John, 33
Richard, 239
authorized to sell estate of John Champ- nie, &c., 33
Chandler, John, 3:i2
Chapin, Henry, 3.T(i
Samuel, 1 36, 213, 214, 379
Chapin, Samuel, commissioner for Springfield, 115,
379
Deacon, 368
Chaplin, Hugh, 296
Charles II., address of the General Court to, . 449 Charlestown, 19, 87, 90, 105, 146, 183, 195, 198, 225,
306, 307, 348
deputies of, 2, 37, 77, 120, 181, 221, 255, 286,
320, 364, 416, 449
clerk of the writs, 5
granted powder to salute ships, .... 36 arrears of taxes remitted to inhabitants of,
on account of loss by fire, .... 51 tvro Courts for Middlesex to be held at, . 102
Court days changed, 186
powder delivered to Captain Norton for, . 193 selectmen to fix wages of porters, . . . 222
commissioners appointed for, 249
County Court at, adjourned, 260
ferry, regulations concerning, 296
powder granted to, delivered, 327
and Maiden, order concerning disputed
claims between, 349
one thousand acres of land granted to, to
aid a grammar school, 399
and Thomas Gold, case between, about
bounds, &c., 406
order concerning trial of case between, 425
school, land located for, 444
Charlett, Katherine, 74
Nicholas, 7'4
Chasmore, resolutions concerning rescue of,
at Pawtuxet, 300
Chattocke, Charles, 47
Chauncey, Chancy, Charles, president of Har- vard College, granted five hundred
acres of land, 237
thirty pounds granted to, 237
is desired to preach the election sermon, . 254 granted five hundred acres of land, . . . 296 five hundred acres of land to be located for, 74
land located for, 405
order concerning farm of, at Marlboro',
&c., . ' 424
Mr., 280
overseers of Harvard College to provide
a house for, 216
Cheater, Alice, 193
Cheekly, John 373
Cheesbrooke, William, commissioner for South- er Town, 353
See Cheseborough,
Chelmsford. 307, 337, 382
established as a town, 237
petition of inhabitants of, and John Eliot,
concerning enlargement of grant to, . 268
GENERAL INDEX.
473
Chelmsford, petition of inhabitants of, for re- mission of fines, 293
bridire, order concerning repair of, . . . 374 and Indians, exchange of land between, . 430
Cheny, Daniel, 215
John, 174
case of, deferred, 190
and Isaac Boswell, settlement of suit
between, 208
William, 66
Chesbrough, Cheseborough, William, . . . 344 See Cheesbrooke.
Chestly, Philip, 245
Child, Ephraim, 188, 264, 284, 317, 320, 353, 363,
373, 380, 397, 406, 408, 445
deputy, . 2, 77, 181, 221, 255, 286, 364, 416, 449
Doctor, 65
Chickering, Francis, deputy, 120
Henry, deputy, 37
deputy, &o., excused from attendance, . 75 authorized to marry at Dedham in ab- sence of Mr. Lusher, 407
Christmas, penalty for keeping, 366
Church Discipline, Book of, commended anew to the churches, for their report
thereon, 22
objections to, to be answered by the
elders, 54, 55
approved, 57
Church purposes, decision as to power of towns
to bind inhabitants to pay taxes for, 310,
311 members of, in good standing only, to be
admitted as freemen, 420
Churches, to approbate preachers, 328
Clapboard Island, 207
Clapp, Edward, 446
John, 446
Nicholas, 446
Roger, Lieutenant, 97, 148, 188. 247, 252, 327,
362, 404, 409, 424, 445
deputy, 77, 120, 181, 221, 255, 286, 364, 416,
449
deed from administrator and widow of
Mahalaleel Munnings, 445
Clarke, Edward, 163
John, patent granted to, for invention for
saving firewood, 104
patent for saving firewood extended, . 260
Jonas, 178, 207
Thomas, 38, 42, 51, 55, 85, 86, 89, 106, 110,
116, 154, 188, 195, 204, 218, 219, 224, 260,
319, 349, 356, 369, 374, 395, 396, 436.
deputy, . 37, 77, 120, 181, 221, 255, 286, 320
forfeiture of moose skins remitted, . . 9
VOL. IV. PART I. 60
Clarke, Thomas, commissioner for Boston, 115, 313,
353, 410 associate for Yorkshire and Dover
Courts, 268
three hundred acres of land granted to, 304 committee appointed to locate land for, . 339
vs. Richard Hutchinson, 362
vs. Captain John Pearse, 405
allowed to come in as creditor of Mr.
Selleck's estate, 410
Captain, 249, 281
Cleave, Cleaves, George, 358, 436
petition of, concerning north line of !Mas-
sachusetts patent, and answer thereto, 175
answer to remonstrance of, 250
protest from, 312
commissioner for Falmouth and Scarbor- ough Court, 360
and others, answer to petition of, . . . . 396 return of committee on petition of, . . . 435
Mr., 306
Clements, John, 310
deputy, 182
commissioner at Haverhill, 6
Robert, 42, 97, 247
commissioner for Norfolk Court, ... 18 authorized to give oath of fidelity at
Haverhill, 19
deputy, 2, 37, 77, 120
William, petition of, 259
petition of, referred, 269
Mr., associate in Norfolk Court, . . . .180 Clerk of Court not to be marshal also, . . .183 Clerk of the writs, fees of, for attachments, . . 421 Clerk of the House of Deputies, see Deputies. Clerks of Courts, fees of, established, .... 287 Clerks of the writs, to register births, &c., . . 290
Clifton, Hope, 410
Cloth, committee appointed on making and
dressing, 380
Clothing, scarcity of, 198
order concerning spinning, &c., on account
of deficiency of, 256
land granted to, iil£>Coale, Robert, 17
Cobbet, Mr., 280, 310
Cobbett, Thoma.s, 393
administrator of William Skipper, ... 34
overseer of Harvard College, 204
Cochitchawake Brook, 112
Coddington, William, 190
Codogan, Rice, 129
Coffin, Coflyn, Peter, 279
Tristram, 211, 302, 341
Coggan, .lohn, 68, 318, 378
and William Parks, petition of, concern- ing estate of John Woodey, ... 133
474
GENERAL INDEX.
Coggan, John, heirs of William Tyng plaintiffs
against, 281
and wife, special committee appointed on
petition of, 304
and Martha, petition concerning land
granted to Thomas Coytemore, . . . 272
Martha, 272
answer to petition of, 337
petition of, 378
authorized to sell real estate, 396
Sarah, 147
Coin of silver estahlished, (1 2d., 6d., 3d.,) . . 84
change in device on, 104
approval of former order establishing the
mint for, 118
of Massachusetts, not to be exported. . .197 committee appointed to search passengers
and vessels for, 198
Coitmore, Thomas, 176
Colcord, Ann, wife of Edward, answer to her
petition, 236
Edward, 67, 194, 210, 236, 271
attorney for Thomas Williams, . . . 318 petition of, concerning Wall and Rucke, 340
and Wall's case, decided, 350
Colcord's case, witnesses in, to be paid, . 245, 273
Cole, Anna, 444
formerly wife of Captain Keayne, five
hundred acres of land granted to, .410
land located for, 443
Elizabeth, 64
petitioner concerning her case ; Court
answers as before, 8
being sick, twenty pounds granted to, . 33 bill for medical attendance on, to be paid, 50
John, 164
Nicholas, 158
Samuel, 69, 425
of Boston, land granted to, for stock ad- ventured, 147
administrator of Edmund Grosse, . . . 295
order concerning grant to, 337
land located for, 402
William, 158
Mr., 402
Mrs., 89, 392
Colebron, William, land granted to, ... . 336
land located for, 441
Coleby, Anthony, 429
Coles, Robert. 46
Collins, CoUens, Christopher, 75
part of forfeited bond remitted, .... 55
Edward, . 11, 224, 225, 270, 273, 286, 291, 369
deputy, 181, 221, 255, 286, 321, 364, 416, 449
notified concerning his absences, . . 306
Mr., 247
Collins, , 76
Collicott, Collecott, Richard, land granted to, . 406
Mr,, 231, 411
Collier, William, 17
Colonies of New England, confederate, see United Colonies of New England.
Colton, George, 319
Commerce, see Trade.
Commissioners of small causes, authorized to
administer oaths to witnesses, &c., . 103 to be hereafter approved by County Courts, 202 authorized to perform marriage ceremony, 255
powers of, limited, &c., 287
law concerning, 322
special, appointed, 287
Common, of pasture, timber, &c., order con- cerning rights in, 417
Commonwealth, Edward Rawson appointed at- torney to commence an action in be- half of, 294
Concord, 53,201,307,308,311
deputies of, 2, 37, 77, 120, 181, 221, 255, 286, 321, 364, 416, 449 and Watertown, bounds settled, .... 54 and Woburn, petition of inhabitants of, for
new plantation on Merrimac River, . 136 petition of inhabitants of, concerning grant
of land, 210
five thousand acres of land granted to in- habitants of, 237
petition concerning iron works, . . . .311 bridges, committee appointed concerning
repairs of, 404
Iron Works, answer to petition concerning
digging for ore, 429
Confederation of New England colonies, see
United Colonies of New England. Conference of elders at Boston, on request of
the General Court of Connecticut, . . 280 Coney, Hopestill, sold in Virginia, to be re- turned to Boston, 428
Conihasset meadows, committee appointed, to
be joined by Plymouth, to divide, . . 285 See Plymouth. Connecticut, customs on goods from, through Massachusetts, abolished condition- ally, 11
letter sent to, 199
letter to, concerning title to Pequot lands, 315 letter from, referred to commissioners of
the United Colonies, 328
Constable, duty of, set forth at length, &c., 324, 327 penalty for not accepting office of, in- creased, 121
decision concerning fine for non-accept- ance of office of 138
GENERAL INDEX.
475
Constables tn rplvim names of deputies elected, 203 to settle their accounts of taxes each May, 247 to collect taxes on warrant from selectmen, 308
to act as coroners, 326
Constables' watches, regulation of, . . . .83,103 under the direction of selectmen, . . . 293
Converse, Edward, deputy, 417, 449
James, 431
Conveyances to be recorded in the county
where the lands are, 22
order concerning words to pass an estate
of inheritance, &c., 39
of lands, &c., to be by deed acknowledged
and recorded, 101
fees for recording, 287
law concerning record of, 288
Cooke, Joseph, 74
Samuel, 117
Rachel, 12
Lieutenant Richard, 318
Thomas, 12
Lieutenant, 395
Cooley, Benjamin, 319
Coolige, Coolage, John, 214
deputy, 320
Simon, 447
Cooper, John, 9, 260
Josiah, petition of, 448
Thomas, 314
Timothy, 235
selectman of Groton, 235
Coopers, penalty for defective work by, . . . 40 order concerning casks for beef, &c., . . 105
Corbyn, Robert, 358
Corlett, Elijah, 282, 396, 397
schoolmaster, land granted to, 397.
committee appointed to lay out farm of, . 404 Corn, paid for taxes, loss by shrinking of, to be
borne by towns, 214
order concerning measuring of, ... . 222
importation of, forbidden, 245
law fixing price of, repealed, except for
taxes, 322
prices of, 26, 63, 106. 205, 220, 245, 279, 309, 434 Comelison, Menen, petition concerning settle- ment of Captain Howsen's estate, . .114 vs. Robert Knight and others, administra- tors of Captain Howsen, 137
Coroners' inquests to be conducted by consta- bles, 326
Correspondence, foreign, see Letters.
Corwin, George, 187, 374, 395
Cotteriirs Delight, 266
Cotton, Mr. John, deceased, Rev. John Norton
successor to, 132
William, 99
Cotton, Mr., 25, 34, 48, 55
Coudrey, William, appointed to marry at Read- ing, 382
Couland, Alice, 410
Coultson, Christopher, 429
Counties directed to establish houses of correc- tion, 222
expenses to be paid by county Treasurers. 185 deficit to be met by county tax, .... 185 Treasurers to be chosen by the people, . 185 bridges in country highways to be at the
charge of, 231
Court of Commissioners established in Boston, 61
fees for entry of actions in, 104
order concerning actions triable before, . 105 Court of Assistants, jurors for, to be chosen in
Sutlblk and Middlesex, 60
Edward Mitchelson, marshal, to execute
judgments of, 146
Court, County, for SufTolk, impowered to give just damages in a case, the verdict
being unusual, 145
for Suffolk, change in days of holding, . . 5
at Boston, adjourned, 352
adjourned, 384
Court, General, order concerning the transmis- sion of bills and orders between the
houses, 3
majority of either house means majority of
those present, 35
negative vote ; cases in dispute between houses decided by majority of whole
Court, 82
Mitchelson, marshal, to execute judgments
of, 146
acts of each session to be printed, . . .182 order concerning entry of petitions, . . . 183 causes tried in, to be by stated cases;
names of parties to be omitted, . . .184 day fixed for trial of causes in which Court
and jury did not agree, 186
certain civil oases assigned for trial, . . 227 decision as to legality of October session,
1655, 243
bills, &c., to be read on three several days, 292 vindication of its course against Quakers, . 384
—390 fines for absences, see Deputies, Magis- trates.
Courteous, Thomas, 129
Courts, County, two associates for, to be chosen
by freemen of each shire, . . . . 27, 28 expenses of judges, jurors, &c., to be paid
by fees for entry, &c., of actions, . . 154 clerks to keep record of fines, &c., due, and
of expenses, &c., of officers, .... 184
476
GENERAL INDEX.
Courts, expenses of, to be paid by county
Treasurer, 185
fines to be collected by marshal and paid
to county Treasurer, 184
to have charge of support of ministers, . .314 to appoint commissioners to solemnize
marriage, 322
cases from, to be carried to Assistants, not
to the General Court, 381
Courts, inferior, actions transferred from, to be
by certified copies, 280
established for preliminary examinations
in criminal cases, &c., 287
Courts, special, cost of jurors to be paid by party
for whom they are convened, ... 3 special, order concerning juries for, ... 60 special, established for Scarborough and
Falmouth, 359
for Indians, 334
order concerning juries in, 81
order concerning written evidences, &c., . 85 law authorizing omission of juries in trials
repealed, 107
committee appointed on reduction of e.\-
penses of, 135
offices of marshal and clerk not to be in
the same person, 183
order concerning duties and powers of
juries, &c., 290, 291
to be held in Boston town house, .... 327 Courts, minor, see Commissioners of small causes. Cowdrey, Coudrey, William, .... 42, 201, 307
deputy, 37, 120, 321
Cowell, Edward, land granted to, 403
land laid out for, 437
Cowes, Henry, 207
Cowman, Richard, 162
Coytmore, Coytemore, Thomas, 281
Mr., 272
Cradoclce, Matthew, 31
Rebekah, alias Whichcott, widow of Mat- thew Cradock, deceased, petition of, . 31
Crainewell, Richard, 332
Crane, Mr., 352
Criminal proceedings, person summoned or presented to be proceeded against as for contempt, for non-appearance, . . 4
statute of limitations in, 81
order concerning counties to which fines
are payable, 3'23
duties of constable in, 324
decision concerning appeals in, . . . .351
cost of hue and cry regulated, 418
Croad, John, 421
Crocket, Thomas, 129
Croe, John, 240
Cromwell, John, 251, 295, 302
Right Honorable Oliver, Lord, General,
&c., letter to, 72
Lord, General, &c., letter to be sent to, . 110
Lord Protector, 355
Lord Protector, &c., letter received from, 195 committee to prepare an answer to, 196, 197 Lord Protector, letter written to, . . . 215
Seaborne, 295
Crosby, Simon, deceased, order concerning es- tate of, 65
Grossman, John, 73
Crosts, Griffith, lieutenant at Ro.xbury, . . .173 Croune, Colonel William, answer to petition
of, 440
Cudwortli, James, 17
Cullicke, John, 167,169,172,368
Captain, and William Goodwine, grant,
for settlement, to, 328
Culver, Goodman, 344
Cunly, Abraham, 124, 125
Curtis, Henry, 276
Cutter, Richard, petition of, 396
Cutts, John, petitioner against Sampson Lane,
order concerning, 46
Cuttshamakin, authorized to buy shot, ... 54
Dancing at inns forbidden, 40
Dane, John, 192
Daniell, John, 64
Danforth, Danford, Jonathan, 240, 302, 398—400, 402, 404, 430, 437, 442, 443, 444
Samuel, 12, 43, 178
Thomas, 96, 117, 187, 189, 217, 228, 243, 260, 264, 268—270, 272, 275, 282, 295, 296, 305, 307, 317, 319, 333, 338, 344, 350, 35], 353, 355, 357, 363, 370, 373, 376, 397, 409, 415, 428, 432, 437, 448.
deputy, 286, 321
chosen Assistant, 364, 416
Treasurer of Harvard College, .... 13 recorder for sales of land, &c., in Mid- dlesex, 90
petition of, concerning deed torn by
George Bowier, 93
deed to, from Indians confirmed, . . . 190 and Robert Hale commissioners to lay
out Mrs. Nowell's farm, &c., .... 295 in behalf of the children, of Josse Glover
vs. Henry Dunster, 305
three hundred acres of land granted
to, 34.5
to keep Yorkshire Court, 3.S1
land granted to, 441
Mr., ... 7, 12, 235, 263, 395, 401, 403, 4;iii
Dastin, Josiah, 237
Davenport, Richard, 112,3 12
GENERAL INDEX.
477
Davenport, Richard, allowance to, for arms, &c.,
provided in the Castle, 50
one of the guardians of Adam Winthrop, . 116
line remitted, ll'?
petition of, concerning powder used at the
funeral of Governor Dudley, . . . . 180 committee appointed to engage, for the
Castle 204
account to be audited and paid, .... 205 granted five hundred acres of land, . . .314
repaid money advanced, 343
farm laid out for, 372
to be paid for repairs of Castle, .... 403 Thomas, sale of land to, by Mary Glover,
confirmed, 369
Captain, 260, 375, 376
Davies, Davis, Daniel, 124
Thomas, commissioner at Haverhill, . . 6
William, 118,175,270
deputy, '77
inspector of leather, 93
lieutenant of Suffolk cavalry, . . . .107
Dolor, 235
George, 1''"''
James, deputy, 449
John, 128, 129, 261
innkeeper at York, 130
Mar)', child of, to be maintained by Water- town, 262
Nicholas, 128, 129
constable of York, 130
Tobias, constable of Ro.vbury, .... 332 Captain WilUam, . . . .207,217,369,436
land granted to, 375
land located for, 443
Lieutenant, 191
Davison, Nicholas, 86
petition of, in behalf of Mrs. Rebecca
Cradock, 31
petition in behalf of Dr. Whichcott and
wife, 297
Mr., 137
Day, Stephen, grant of three hundred acres of
land to, confirmed, 236
granted three hundred acres of land, . . 306
land located for, 333
Deaths, see Registration.
Debts, to be paid according to contract, . . . 197 Dedham, 3, 183, 187, 201, 225, 314, 383; 396, 407,
408—410, 428 deputies of, 2, 37, 77, 120, 181, 221, 255, 286,
364, 416, 449
village, called Medfield, 7
committee appointed concerning locating
land for Natick Indians in, .... 75 grant of land to, &c., 75
Dedham and Rehobolh, bridge between, . . 98
a gun lent to, 138
petition of, referred to special committee, . 148 answer to petition of inhabitants of, . . . 234 Deeds, see Conveyances.
Dell, Abigail, widow, 248
George, deceased, order concerning estate
of, 248
Denison, Dennison, Daniel, 34, 70, 73, 109, 141, 144, 157, 178, 182, 192, 196, 214, 245, 247, 277, 298,302, 441, 448. chosen Assistant, 119, 181, 221, 254, 285, 320,
364, 416 substitute for commissioner of the United
Colonies, 37, 181, 3'..0
comnlissioner of the United Colonies, 221, 254,
285, 364, 416 chosen major general, 221, 254, 285, 364, 416
deputy, 37, 77
speaker for the session, 77
grant of land located, 64
major general, in the absence of Major
General Sedgwick, 107
secretary pro tern., 150
expedition of, to Piscataqua, rewarded, . 165
associate in Norfolk Court, 180
committee appointed to locate land to, . 188 granted land on Connecticut River, . . . 303 answer to petition of, concerning location
of land, 314
appointed to revise and codify the laws, . 337 order concerning location of grant for, . . 355 one fourth of Block Island granted to, . . 356 order concerning location of farm for, . . 376 is desired to locate land elsewhere than on
Connecticut River, 380
grant of land located for, 394
guardian of Anna Keayne, Jun., .... 395 order concerning land on Meirimac River, 410 three hundred acres of land granted to, . 420 further reservation of land for, .... 424 six hundred acres of land granted to, . . 437
Edward, 97
deputy 77, 221
Georiie, 314, 333—335, 338, 340, 344, 350, 357 and others, answer to petition of, . . .315 selectman and commissioner at Souther
Town, 353
land granted to, 411
William, 64
Dennell, Thomas, 129
Deputies returned from the several towns, names of, 2, 37, 77, 119, 181, 221, 255, 286, 320, 364, 416, 449. towns having thirty freemen or less at lib- erty to send or not, . • 154
478
GENEKAL INDEX.
Deputies, expenses of, to be paid by towns, . 154
absent, to be fined, 203
constables to return annual lists of, . . . 203
to be orthodox, 206
Deputy Governors, names of: Richard Bel-
lingham, 119, 221, 254, 285, 320, 364, 416
Thomas Dudley, 36, 76
John Endicott, 1, 181
Destauriers, Monsieur, fine of fifty pounds re- mitted one half, 11
Dexter, Richard, 177
and Job Lane, petition concerning forfeited
bund, 249
Diamont, John, 124
Dice, see Cards.
Dickins, Nathaniel, 16
Dickison, John, constable of Salisbury, . . .343 Dier, Thomas, and Sampson Shoare, judgment
in case between, 436
See Dyer.
Dimock, Democke, Thomas, 17
Discipline, see Church discipline.
Divan, John, 281
Dixon, William, 129
Doeskin Hill, 329
Domner, Stephen, 10
See Dumraer. Donations to the colony, committee appointed to
receive, &c., 223
Donell, Henry, 129
Dorchester, . . . . 3, 19, 138, 183, 201, 225, 446 deputies of, 2, 37, 77, 120, 181, 221, 255, 286, 320, 364, 416, 449 case concerning Tompson's Island, at- tachment granted against for Tomp-
son, 21
petition of inhabitants of, for Mrs. Tilley, . 24 vs. Tompson, concerning island, judgment
for defendant, 33
fine remitted, . . . • 98
authorized to sell a great gun, &c., . . . 279 one thousand acres of land granted to, to
aid in school fund, 397
Dordin, Josias, 178
Douse, Lawrence, 295
Dover, 201,249,302,350
deputies of, 2, 37, 77, 120, 182, 222, 255, 321,
365, 416, 449
Court at, 95, 147
order concerning County Courts at, . . . 132 associates in the County Courts at, . . .133 fined for not sending a deputy, .... 67 authorized to send two deputies to the
General Court, 108
and Exeter, commissioners appointed to
settle boundaries, 118
Dover, north line of, established, 118
Lieutenant William Pomfret authorized to
marry at, 188
Court, associates appointed for, .... 268
Dow, Dowe, Henry, deputy, 221; 255
petition of, 236
Downing, Dennis, 124
Emanuel, grant located for, near Hamp- ton, by commissioners, 49
committee appointed to locate farm for, . 178
Mr., 44
Drunkenness, decision as to repetition of of- fence, 84
among Indians, order to prevent, . . . -.201 law against, . . .... . ... . 203
Drew, Robert, petition concerning wine duty, . 282
Duck Pond, . . . . . .435
Dudley, John, 178
Samuel, ........*... 262
Thomas, . 20, 25, 44—46
Governor, 1
Deputy Governor, 36, 76
Assistant, 119
executor of the will of Isaac Johnson, 7
order concerning location of grant to, . 76 commissioners appointed to lay out the
farm granted to, 117
deceased, order concerning tax on es- tate of, 174
petition of executors of will of, concern- ing sale of estate, &c., 178
powder granted for funeral of, . . . .180
Dummer, Richard, 440
attorney of Thomas Nelson, 12
declared attorney for Thomas Nelson, . . 36
land granted to, 272
land located for, 399
land in Watertown confirmed to, . . . . 408 Shubael, proposed as minister of Salisbury
new town, 429
Mr., associate in Norfolk Court, . . . .180 See Domner.
Duncan, Nathaniel, 394
auditor general, 10, 69, 86
commissioner for Boston, . . 62, 115, 313, 353
land granted to, 439
Peter, 394
Dunstan, Thomas, constable for Kittery, . . . 126
Dunster, Henry, 74, 116, 239
first president of Harvard College, ... 12 petition of, for charter for Harvard College, 12
—14 petition of, for Harvard College ; granted
one hundred pounds and ferry rent, . 30 guardian, petition concerning estate of Josse Glover, &c., 118
GENERAL INDEX.
479
Dunster, Henry, president of Harvard College,
resignation of, 196
accounts of, as to estate of Josse Glover,
deceased, order concerning:, .... 214 and Thomas Danforth, ease between, re- ferred to a committee, 305
accounts of, with the colony, referred, . . 305
Mr., 176, 196, 313
recompensed, 312
Durston, Thomas, 124
Dutch, not to trade with Indians in limits of
Massachusetts, 21
and French, sale of provisions to, forbid- den, 120
consultation with commissioners of the United Colonies concerning wrongs
by, 141
committee appointed to advise with the
commissioners concerninpr, . . . .141 Captain Jacobson's bark forfeited for trad- ing with, 189
five hundred men to be raised to serve
against the, 195
law prohibiting trade with, repealed. . .197
ship Prophet Samuel, 229
governor, ansvi^er to letter of, 251
letter to, concerning claim on Hudson
River, 395
letters, Simon Lynde translator of, . . . 424
letter to be sent to, 445
Button, Thomas, 373. 407
Dyer, Mary, 383—390, 419
Thomas, 231
deputy, .... 2, 120, 181. 255, 321, 416 See Dier. Eames, Anthony, claim of, for survey of Plym- outh line to be audited, 380
Easton, Nicholas, letter from, concerning Shaw-
omet, 34
Eastow, William, 178
Eaton, Samuel, 13
Theophilus, 167, 169, 172
Mr., 141
of New Haven, 112
Governor of New Haven, debt due to, to
be paid, 56
Ebedmelech, petition of Job Lane in behalf
of, 137
Edgcomb, Nicholas, 358
Edge, Robert, 129
Edsall; Thomas, petition concerning fine for
illegal voting, 147
Edwards, Nathaniel, will of NalVianiel Smith
presented by, 71. 72
deceased, order concerning estate of, . . 235 Elbridge, Thomas, answer to petition of, . . . 44
Eldred, Sergeant, 392
Elections, constables to warn freemen for, . . 326 EUethrop, Elethrop, Elthrop, Abigail, and ex- ecutors of her late husband, case be- tween, 212
Thomas, deceased, settlement of estate of, 193
widow, 193
Eliot, Jacob, 332
John, 210, 431, 432
released from a fine payable by an In- dian, 41 /
petition concerning Indian settlements, . 192 '^' petition concerning location of lands for
Natick Indians, &c., .... 362, 363 "
John, Sen., 430, 432
John, Jun., 432
Margery, petition concerning estate of
Samuel Sherman, 92
Philip, deputy, 181, 221, 255, 286
Mr. [John], 11,409
township for the Indians laid out on pe- tition of, 137
petition concerning land for Natick In- dians in Dedham, 75
petition of, concerning Indian grant at
Chelmsford, 268
petition of, in behalf of the Indians, . . 317
Ellingham, William, 129
Mr., 281
Ell Pond, 176
Elmer, Edward, commissioner at Nonotucke, . 227 commissioner at Northampton, .... 271
Els, John, 333
Elson, John, 163
Elzay, Arnold, petition of, ........ 91
Emerson, Joseph, .... 158
Emery, Emory, Anthony, 124, 407
James, .... 124
John, 215, 341
petition of, concerning sale of land, . . 66
John, Sen. and Jun., 362
Endicott, John, 109, 115, 147, 200, 245, 247, 277,
448, 453, 454 Governor, 36, 76, 119, 221, 254, 285, 320, 364,
416
Deputy Governor, 1, 181
commissioner for the United Colonies, . . 320 substitute for commissioner of the United
Colonies, .... 1,77,119,181,285 granted one hundred marks, with thanks, 4 three hundred acres of woodland granted
to, on condition, &c., 65
Catta Island granted to, 240
committee appointed to lay out former
grant to, 260
committee appointed to locate gran for, . 305
480
GENERAL INDEX.
EnJicott, John, one llioiisand acres of land
granted to, 304
house rent of, to be paid, 309
coiiiinitlee to locate land for, continued, . 334 one fourth of Block Island irranted to, . . 356 five hundred and fifty acres of land laid
out for, 373
order concerning location of farm on Ips- wich River, 437
John, Jun., four hundred acres of land
granted to, &c., 427
land located for, 444
Eires, i?inion, and others, petition of, ... . 228 Engersol, John, and others, petitioners for an
island, 404
En.iiine to cut grass, invented by Joseph Jenks, 233
England, 108, 114
Ireland, and Scotland, 52
letter from government of. by Mr. Winslow, 72 reply ordered to be sent to Parliament and
to Oliver Cromwell, 72
sent 1o, for help for Harvard College, . . 91 letters to be sent to Parliament and to
Oliver Cromwell, 110
letter received from the Lord Protector of,
concerning war against the Dutch. . 195 committee appointed to answer, . 196, 197 case of Thomas Kemble and Thomas Jen- ner vs. John Pearce referred to the
Lord Protector of, 249
letter to be sent to the Lord Protector of, . 251 answer to letter from the Lord Protector of,
concerning settlement at Jamaica, . 273 answer sent to letter from the Lord Protect- or of, 343
address to Charles II., King of, ... . 449
address to the Parliament of, . . . 449, 453
instructions to commissioner to, ... . 455
English colors to be advanced upon the Castle, 41
Epp.s, Daniel, 192, 330
Erroneous preaching, &c., law to prevent, . . 151
Essex county, 201, 247, 280
Court, time of holding, changed, .... 41
regiment to be mustered, 224
Estates, conveyances of, see Conveyances, in Suffolk, may be settled, by permit of two magistrates, by e.xecutor or adminis- trator, 101, 102
Evered, Andrew, 129
John, 399
land granted to, 375
Everell, Ezekiel, 295
James, 9^
Everett, William, 124
E.xecutioner, Thomas Bell, exempt from watch- ing, 146
Executions, levy of, see Actions at law.
E.xeter, 350
order concerning choice of a constable in, 10
and Dover, commissioners appointed to
settle boundaries, 118
Fairebancks, Jonas, 342, 372
Fairfield, Daniel, 91, 283
Elizabeth, 91
Falls River, 139
Falmouth, 350, 436
deputy of, 417
established as a town, &c., formerly Spur-
winck, Casco Bay. &c., . . . 359 — 361
limits of, 380
and Scarborough, line settled, 399
Fanning, Thomas, 398
Faringtous, Edmund, 95
Farley, George, 240
Farnani, John, 177
Farueham, Henry, vs. Lawrence Douse, . . . 295 Fast appointed, . . .52, 108, 195, 276, 347, 367
on account of condition of England, . . . 417 Fawer, Fower, Barnabas, division of estate of, 259
settlement of estate of, 283
Eleazar, 283
Grace, 259, 283
Faxon, Thomas, 145
Felcher, William, 431
See Fletcher.
Fellew, Abraham, ' . 358
Fellowes, Richard, land granted to, .... 319
land located, 356
Samuel, 157
Fences, selectmen authorized to regulate, . . 153
Fenn, Captain Robert, 227, 228
Fernald, Reynold, associate, 115
Ferriage of magistrates, order concerning, &c., 253,
433 Ferry, Charlestown, regulations concerning, . 296
Field, William, 16
Finances, committee appointed to reduce ex- penses of government, 135
order concerning annual statement for the
benefit of the country, 151
Fines, in the General Court, secretary to give a
list of, to the auditor, 185
in counties, clerk of the County Court to give list of, to Treasurer, 18
payable to the county &c., 323
Fish, regulations concerning curing and in- spection of, 80
oath to inspector of, 80
inspection of, see Inspection.
packing of, see Beef. Fisher, Anthony, confirmation of land to, . .117
petition for abatement of fine, 187
GENERAL INDEX.
481
Fislier, Daniel, deputy, 321,449
Joshua, 54, 298, 314, 342, 355, 399, 404, 426, 438
deputy, 120, 321
licensed, 351
Lieutenant, 32, 264, 268, 270, 337, 342, 362, 380,
441 Fishermen, certain, exempt from training, . .312 Fi.ske, David, and Sarah Wilson, William Hub- bard authorized to marry, 244
Phineas, deputy, 120
William, deputy, 2, 77
Fitch, Zachariah, and others, petition concern- ing highway, 237
Fitts, Zachary, 178
Five JVlile Pond, 138, 139
Fleming, John, petition of his guardians con- cerning division of estate, 372
Fletcher, Joseph, 215
impressed as a soldier, but discharged on
petition, 133
Fletcher, Felcher, William, 237, 432
Mr., Jun., minister of Wells, 426
forbidden to preach at Wells, 434
See Felcher. Flint, Flynt, Thomas, chosen Assistant, 1, 36, 76, 119 Mr., magistrate, deceased, widow exempt
from taxes, 247
Foley, Thomas, 268
Foote, Joshua, 281,311
deceased, petition of administrator concern- ing .sale of land, 262
Mrs., and heirs of Nathaniel Rogers, case
between, concerning dower, .... 352 Foorde, Thomas, vs. Captain John Wall, . . 66 Fornication, committee appointed to frame
law against, 218
Forsditch, Stephen, part of forfeiture remitted ;
son enjoined to appear, 32
Foster, Hopestill, 415
deputy, 77, 120, 236, 364, 416, 449
Fewer, see Fawer.
Fox, Thomas, 260
Foxwell, Richard, 358, 396
answer of committee on petition of, &c., 43.'>,
436
Mr., 425
Francis, John, 376
Francklin, William, 56
Freathy, William, 129
Freemen, decision of the General Court as to
duties of, 335
returned from Connecticut, not required
again to take the oath of, 406
qualifications of, 420
French, Dutch, &c., not to trade with Indians
in Massachusetts, 21
VOL. IV. PART I. 61
French, &c., sale of provisions to, forbidden, . 120 in the eastern parts. Major Gibbons licensed
to trade with, 157
French, William, 240
deputy, 449
Lieutenant, appointed to marry at Biller-
ica and Chelmsford, 382
Frenchmen, expense of diet of two, to be paid
for by the Treasurer, 174
Frizell, John, 402, 424
Frost, Charles, 123, 124
deputy, 321, 449
Edmond, and others, feoffees in trust of Nathaniel Sparhawk's estate, ... 9
Nicholas, 124, 261, 341, 374
Phoebe, 208
Fry, John, .... 201
Fuller, John, deputy, . 221
Robert, . ... 428
Furbur, William, vs. John Garland, .... 374 Fur trade, return of committee on licenses for, 354 in Acadia and Nova Scotia order concern- ing, 355
rent of, to be expended in powder, . . .410 Furs, &c., not to be bought of Indians, but by
persons authorized, 291
Gafford, Mr., of Salem, free from paying for
muskets, 73
Gage, John, 90, 192, 330
Corporal, 134
Gaile, Hugh, 129
Gainer, Gayner, Thoma.s, petition concerning
case of sale of ship Planter, .... 44 cancelled charter party of, made good for
purpose of review of his action, . . 44 petition concerning suit against Aspinwall
and Bendall, 67
vs. Thomas Venner, 69
vs. William Aspinwall, 97
petition concerning his former case with
Mr. Aspinwall, 137
answer to petition of, 276, 292
Gallop, John, ... .... 94, 315
Mehitable, 32
Gallows, to be removed and set up iu Boston, . 3
Gaming, law against, amended, 20
law to prevent, 360
Gardiner, Nathaniel, 266, 267
Peter, 332
Mr., 149, 281
Garland, John, 374
Garnesey, William, 129
Garrett, Harmon, 140
Hermond, committee appointed to locate
land mortgaged to, 43
James, 114
482
GENERAL INDEX.
Garrett, Mr., 137
Gates, Stephen, constable, answer to petition
of, 313
Gatlifl'e, Thomas, 261
Gangers, appointed inspectors, &c., see In- spection.
Gechalls, Samuel, 215
Gedney, John, order concerning payment for
wine license at Salem, 10
George, the Indian, at Lynn, referred to infe- rior Court, 52
Richard, 312
Gerrish, William, deputy, .... 2, 37, 77, 120
commissioner at Newbury, 14
captain at Newbury, 47
captain of cavalry, authorized to drill in- fantry, 107
appointed special commissioner, .... 288 • petition concerning estate of Elizabeth
Lowle, 348
Captain, 194, 249, 286
not to belong both to cavalry and infan- try at Newbury, 341
Gibbons, Gibbins, Gibbens, Ambrose, . . . 298 Edward, . . 67, 106, 107, 154, 183, 203, 204
chosen Assistant, 1, 36
chosen major general, 1
to be paid for military services by the
United Colonies, 8
settlement of his account with auditor, . 8 allowed to trade with the French, &c., . 157 deceased, powder granted for funeral of, 242
James, 162
Jotham, 71
Gibson, Christopher, 177
Gettings, Gittings, Giddings, George, 223, 230, 282 deputy, .... 120, 181, 221, 364, 416, 449
GifTord, Gyfford, John, 194, 195, 228
vs. John Becks and Company, of the Iron
Works, 188
and Iron Works, order concerning case be- tween, 216
agent of Iron Works, 217—220
decision on a point in Case by Iron Works
Company vs., . . 237
trial of his case, &c., 241 — 244
further decisions in his case, . . . 251, 252 bail to be taken of, till the Court of Elec- tions, 254
to receive his books, 254
released from prison, 268
vs. Thomas Savage and others, .... 330 his power of attorney to Major William
Hawthorne judged void, 352
Gilbert, Elizabeth, deed to Charles Gott, con- firmed, ... 345
Gillum, Gillliani, Benjamin, 56
to be paid twelve pounds due Governor
Eaton, 112
petition of, 371
Gleason, Thomas, petition of, 398
Gloucester, 91
deputies of, 2, 37, 77, 120
fine of, remitted, 116,212
Glover, John, 42,45,119,135
deputy, 2, 37
chosen Assistant, 76, 119
John, son of Josse Glover, 118
Josse, 215
deceased, petition of Henry Dunster
concerning estate of, 118
suit in behalf of children of, ... . 305 Mary, sale of land by, to Thomas Daven- port, confirmed, 369
Nathaniel, 369
Priscilla, 74
Roger, . 118
Mr., 148, 149, 180, 327
Goare, Rhoda, 342
Godfrey, Edward, 129, 131
vs. the town of York, referred, .... 208 and Nicholas Shapleigh, letters to, con- cerning Kittery, 73
John, vs. Abraham Whittacre, 374
Abraham Whittacre, plaintiff against, . 408 Mr., associate for York County Court, ; . 132 Mr., and town of York, commissioners con- tinued to settle dispute between, . . 229 Goffe, Edward, .... 117,239,296,307,327
deputy, 2
his account to be audited and paid, . 191, 285 deceased, Samuel Goffe vs. executors of, 412
—415 Samuel, case of, referred to Middlesex
Court, 370
vs. executors of will of Edward Goffe,
deceased, 412 — 415
Gold, Goold, Daniel, 410
Thomas, 404, 406
and Charlestown, order concerning case
between, 425
Zaccheus, 33, 407, 438
petition of, concerning location of the
Governor's farm, 426
his fine remitted on account of loss by
fire, 426
Goodman, 373
Gooch, John, 158
selectman at Wells, 159
Goodale, Elizabeth, order concerning estate of, 92
Goodenow, Edmund, . . 2, 43, 53, 276, 329, 449
deputy, 2, 449
GENERAL INDEX.
483
Goodenow, Jane, 276
Lieutenant, 54,112,189,248
Goodwine, Goodwyn, William, .... 328, 368
Gookin, Gooking, Daniel, 11, 43 — 45, 74, 89, 148,
178, 179, 188, 227, 277, 291, 304, 305, 313,
445, 448.
chosen Assistant, 37, 76, 119, 181, 221, 254,
285, 320, 364, 416
deputy, 37
chosen speaker, 37
and S. Danforth, e.\ecutors, petition con- cerning estate of Rev. Mr. Sliepard,
deceased, 43
five hundred acres of land granted to, . . 304
land to be located, 314
location of grant approved, 340
appointed to keep Norfolk County Courts, 430
Captain, 260, 334, 335, 434
Gorgeana, 128
Gorges, Sir Ferdinando, 156
Gorton, Samuel, matters to be settled with.
company of, 20
Gott, Charles, 345
deputy, 182
Gouch, John, 129
See Gooch. Government, committee appointed for redu- cing expenses of, 134
Governor, one hundred marks granted to, . . 46 granted fees for affixing the colony seal, . 58
to reside in or near Boston, 223
present, desired to remain in Boston as
much as possible, 223
to be furnished with a guard, 439
Richard Bellingham, 181
Thomas Dudley, 1
John Endicott, 36, 76, 119, 221, 254, 285, 320,
364, 416 salary of, see Salaries. Governor's farm, committee appointed in rela- tion to former location of, 426
Island, adjudged to belong to Adam Win-
throp, grandson of Governor Winthrop, 1 1 6 Gowing, Robert, fine for selling a gun to In- dians abated one half, 10,11
Grammar schools, see Cambridge and Charles- town. Grant, Christopher, vs. Watertown, committee
appointed, &c., 187
Grants, &c., of the General Court, to be read
on three several days before passage, 292 (Jray. John, gunner at the Castle, twenty pounds
granted to, 192
Greene, Jacob, 198, 214
James, 236
John, 124. 332, 350
Greene, John, Jun., 33i
Samuel, 431
printer at Cambridge, petition of, . . . 335 three hundred acres of land granted
to, 319
to be paid for printing the laws, . . 391 William, answer to petition in relation to
orphans of, 404
Greenehill, William, 2G8
Greenes, the, Mr. Arnold to answer, .... 356 Greenleaf, Edmund, vs. Nathaniel Boultei, . . 420
Grely, Andrew, 215
Griffin, Hugh, 53, 276
Richard, deputy, 37
commissioner at Concord, 89
Groate, John, 276
Groce, Gross, Grosse, Clement, licensed to sell
beer, 207
allowed to keep an inn, 343
Edmund, deceased, division of estate of, . 231 administrators of, authorized to sell es- tate of, 295
administrator's accounts to be audited,
&c., 448
Groome, Henry, 64
Nicholas, 64
Groton, . . 337, 411, 437
established as a town, formerly Petapawag, 235
selectmen appointed for, 235
free from taxes for three years, .... 263 order concerning survey of limits of, . . 263
Grout, John, 53
Grout's Head, 53
Grover, John, 423
Gunn, Daniel, 193,214
Gunnison, Gullison, Hugh, 124, 303
deputy, 1S2
servants of, paid for attendance on Court, . 21 petition concerning duty for wine, . . . 133
licensed innkeeper, ]27
associate in the Court at Kittery, . . . .127
and Nicholas Shapleigh, suit between, . 189
Guppy, John, petition for abatement of fine, . 1 35
Guy, Jane, widow, authorized to sell land, &c., 63
Nicholas, deceased, 64
Hadden, Fermon, answer to petition of, . . . 297 Hadlocke, Nathaniel, of Nashaway, . . . .139 Haine, Haime, Heimes, John, .... 276, 329
Josiah, 276
Walter, 53, 248, 276
deputy, 37
and others, petition of, 228
Hale, Robert. . . 282, 295, 305, 334, 353, 373, 438
Thomas, 139, 162
Sergeant, 117
Hall, Dorcas 190
484
GENERAL INDEX.
Hall, John, 190
Samuel, 50, 55, 97, 247, 249, 263, 267, 283, 301,
310
deputy, 221
petition of, 236
Mr., 249
of Salisbury, 133
Hallis, Samuel, 215
Hally, Thomas, 424
Halsall, Halsell, Halsey, George, 186, 272, 380, 401
Joane, 272, 380, 401
William, 423
Haman, William, 426
Hamaiis, William, 158
Hammond, Thomas, deceased, petition of Lith- ermore and Sherman, executors, to sell
land, 350
Hammersmith, 312
Hamot, Thomas, 358
Hampton, ... 68, 194, 201, 215, 314, 317, 383 deputies of, 2, 37, 67, 77, 120, 182, 221, 255, 286, 321, 364, 416, 449 commissioners appointed to lay out north
line of, 50
commissioners appointed to lay out line
towards Exeter, 73
ordered to pay Roger Shaw, 92
north line of, fixed, 96
committee appointed to survey west line, . 96 Roger Shaw authorized to sue the late con- stable of, 117
boundaries, west, committee appointed to
lay out, 118
west line, committee to survey continued, 134
return of committee on, 174
petition of, concerning Mr. Wheelwright,. 187 case of, left to Court of Assistants, . . .190 and Salisbury, order concerning case be- tween, 210
line towards Portsmouth, committee to ex- amine, 211
market established at, 244
and Salisbury, committee to fix disputed
line between, 248
committee on dispute between, . . . 262 new committee appointed on, ... . 282 to include Captain Wiggin's estate, . . . 293 and Salisbury, final settlement of line be- tween, 316
Court, adjourned, 404
Hanbury, Hannah, 99
Harding, Robert, 21, 218
Captain, and others, discharged from
bonds, 207
Marker, John, 129
Harper, Robert, 410
Harrington, Matthew, 233
Harris, William, 16
Hart, John, case of, referred to the County
Court at Salem, 149
Harvard College, land given to, by Israel
Stoughton, to be laid out, 12
one hundred pounds due from the country,
to be paid to, 12
charter granted on petition of Henry Dun-
ster, 12 — 14
one hundred pounds and ferry rent, granted
to, on petition of Mr. Dunster, ... 30 order to prevent dissipation in students at, 59 petition of president and fellows concern- ing payment of dues, 91
towns desired to make contribution for, . 101 eight hundred acres of land granted to, .114 two thousand acres of land granted to, . .136
aid granted to, ITS'
committee appointed on finances, &c., of, 179 maintenance of president, fellows, &c., . 179 teachers in, not to be unsound in faith,
&c., 182
petition of president, postponed, . . . .186 overseers to choose a president of, instead
of Mr. Dunster, 196
overseers chosen for, 204
one hundred pounds per annum granted
to, 205
providing a house for Mr. Chauncy, re- ferred to overseers of, 216
Charles Chauncy, president of, granted five
hundred acres of land, 237
president and fellows authorized to punish for misdemeanors by fine or whip- ping, 279
appendix to the charter of, 315
land located for, 344
council's acts relating to, approved, . . . 362 overseers of, are desired to send letters of
thanks to English friends, &c., . . . 439
Hasnemesuclioth, 192
Hastings, John, 260
Hatch, Philip, 129
Hauthorne, Hawthorne, John, . 42, 89, 134, 374
innkeeper at Maiden, 46
petition for remission of excise on wine, . 91
William, 9, 10, 29, 42, 70, 73, 89, 95, 109, 141,
196, 218, 243, 267, 438
deputy, 2, 37, 77, 255, 286, 320. 364, 416, 449
commissioner for the United Colonies, 1, 36,
77, 119, 181 commissioner in reserve of the United
Colonies, 255, 364, 416
chosen speaker, 286, 449
farmer of revenue on wine, 11
GENERAL INDEX.
48r
Hauthorne, Jolin, four hundred acres of land granted to, and committee appointed
to locate, 44
granted land at Kittery, for services as
commissioner, 68
to pay expenses of Court in Gitford's
case, 253
and Amos Richardson vs. John Divan, re- ferred to the General Court, .... 281 appointed special commissioner, .... 288 three hundred acres of land granted to, . 304 granted power of a magistrate in Salem, . 348 one fourth of Block Island granted to, . . 356 and others, plantation granted to, . . . . 374 appointed to act as a magistrate in Sa- lem, 375
and others, petition of, concerning claim
of Massachusetts upon Hudson River, 395
special magistrate for Salem, 420
committee to locate land for, 420
and others, further grant to, &c., .... 438 provision for government of plantation
of, 438
Major, .... 286, 318, 352, 375, 376, 395
Haugh, Atherton, 31
Samuel, 230
land of, located, 18
Susanna, widow of Atherton, petition con- cerning repair of house, 31
Haughton, Katherinc, authorized to sell estate
of Nicholas Charlett, 74
Ralph, 139
Haverhill, . 90, 117, 194, 201, 310, 316, 424, 437 deputies of, .... 2,37,77,120,182,449 commissioners appointed to lay out boun- daries of, 5
granted an island, saving the right of Mr.
Ward thereto, 7
Robert Clement authorized to give the oath
of fidelity at, 18
new committee appointed to lay out boun- daries of, •. . 52
limits, report by Joseph Jewett approved, . 76 and Salisbury, committee appointed to
decide concerning land granted to, . 191
line newly surveyed and approved, . . . 209
church, 309, 310
summoned in relation to boundaries, . . 424
Hawkesworth, Christopher, 332
Hawkins, Haukins, Hercules, 198
James, 46
Jane, allowed to come into the colony for
one month, 8
petition of sons for return of, denied, . 46
petition for leave to return granted, . . 248
Job, 46
Hawkins, Thomas, 46
Hawley, Dorothy, 89,147
Thomas, 147
and Dorothy, petition concerning sale of
Lamb's land, 89
Hayden, Haiden, Heyden, John, of Braintree, al- lowed stipend for care of his distract- ed son, 51
of Braintree, live pounds granted to, for
care of his son, 177
Susan, five pounds granted to, for care of
her son, 244
Goodwife, fifty shillings to be paid to, . . 208
Hazeltine, Robert, 5
Heard, John, 407
Heath, Isaac, 6fi, 409
William, of Ro.xbury, e.xempted from train- ing, 55
Henderson, Archibald, Ill
Heresy and impiety, denying inspiration of
Holy Scriptures, punished, .... 78
Hetherse, Robert, 129
Hibbens, Hibbins, Mrs. Ann, 269
William, .... 44,85,119,135,180,188 chosen Assistant, ... 1, 36, 76, 119, 181
Mr., 378
Hide, Samuel, executor of Richard Oldham,
deceased, petition of, 317
Highways and bridges ; bridges recommended
to be built by towns hereafter, . . . 307
order in relation to repairing, 322
Hill, Abraham, 236, 307
James, 424
Peter, 162
Ralph, Sen., 240
Ralph, Jun., 240
Valentine, . . .44, 99, 189, 208, 229, 286, 340 deputy, .... 77, 120, 182, 222, 286, 306 deputy for Dover, notified concerning absence from the General Court, . . 306
associate in Dover Court, 133
Hills, Hill, Hannah, 90
Joseph, 20, 29, 42, 44, 118, 134, 141, 144, 149, 151, 176, 180, 182, 195, 196, 224, 247, 318 deputy, . . 2, 37, 77, 120, 182, 222, 255, 449 and others to pay the fine of Maiden,
&c., 70
and wife, petition concerning sale of land, 90 ten pounds granted to, for service about
the laws, 138
of JNIalden, administrator of Nathaniel
Edwards, deceased, 235
and others, of Maiden, petition for remis- sion of fine, 236
land granted to, 271
land to be located for, . ' 430
486
GENERAL INDEX.
Hills, Mr., 35,117
Hilton, Edward, Sen., 330
Edward, Juii., 330
William, 129
committee appointed to locate an Indian
grant for, 430
Mr., 350
Hinckley, Thomas, 235
Hincksman, Bridget, 441
Thomas, 251, 431, 432
and Joseph Wheeler, reward increased, 261
Hinckson, Philip, 162
Hinderson, Mr., 119
Hingham, 183, 383
military officers, 47
deputies of, 2, 37, 77, 120, 181, 221, 255, 286,
321, 364, 416 verdict for, in suit by Nathaniel Baker
against, confirmed, 14
and Scituate. difference between, as to meadows, referred to commissioners of
United Colonies, 56
Lieutenant Joshua Hubbard [Hobart], au- thorized to marry at, 69
constables' oath to be administered by
Joshua Hubbard [Hobart], .... 248 to pay charge for division of Conihasset
meadows, 285
to provide for Lydia Buck, .... 293, 294 settlement concerning meadows at, be- tween Massachusetts and Plymouth, 293,
294 Captain Hubbard [Hobart], to solemnize
marriage in, 342
Hitchcoke, Hitchcocke, Richard, 162
sergeant at Saco, 163
and Thomas Warner, case between, . . 245
deputy, 417
Mr., 435
Hobbs, Christopher, 162
Hodsden, Hogsden, Nicholas, .... 407, 427
Hog Island, 127
Hogsflesh, Dr., 297
Hogsty Cove, 266
Holbrook, Thomas, land granted to, ... . 394
Holbrooke, John, .' . . . 42
deputy, 37
Holder, Christopher, 391
Hollige, Richard, 312
Holman, John, petition concerning will of his
father, 262
action of County Court concerning will of, 284 Holyokc, Holiocke, HoUiock, Edward, deputy, 2,
255, 416
Elizur, . . 29, 135, 136, 213, 214, 271, 314, 379
commissioner for Springlis'ld. . 115,379
Holyoke, Elizur, ensign at Springfield, . . .133 e.xcused from further attendance, .... 264
Lieutenant, 368
Mr., 227
Holy Scriptures, see Scriptures.
Holt, Nicholas, 96, 146, 178
Holton, Houlton, William, 225, 368
commissioner at Nonotucke, 227
commissioner at Northampton, . . 271, 372 commissioner, &c., to be sworn, .... 380
Hood, Richard, 243
Hooke, Ellinor, petition concerning estate of
her late husband, deceased, .... 234 widow of William, plaintiff for dower, vs.
John Alcock, 436
William, 436
deceased, estate of, to be sold, .... 233 Rev. William, commissioner on Harvard
College, 362
Hoord, John, 124
Horses, order concerning impressment of, for
public service, 26
law for impressment of, repealed, ... 41 valuation of, for taxation, raised, .... 121
not to be sold to Indians, 255
Hosier, Samuel, 47
Houchin, Jeremiah, .... 38, 42, 55, 400, 448 deputy, . . 37, 77, 120, 181, 221, 286, 321, 364 executor of the will of Bozoon Allen, . .116 commissioner for Boston, . . 313, 353, 410
land granted to, &c., 375
Mr., resigns his office of ensign, . . . .231 petition of, concerning estate of Edmund
Grosse, 231
Houlding, Justinian, 214
House of correction, each county to establish, . 222
orders concerning, &c., 256
law of 1656 concerning, continued in force, 305
fees of keeper, 350
House of Deputies, order concerning duty of
clerk in sending bills to Assistants,&c., 3
clerk of, to record letters, &c., 63
negative vote, 82
settlement to be made with clerk of, . .113 qualifications of members of, see Deputies.
salary granted to clerk of, 206
How, Jame.s, 139
Howard, Robert, notary public, 252
William, 33, 44, 49
Lieutenant, 260
Howell, Morgan, 164, 165, 426
and John Baker, case between, referred
to York County Court, 160
Howland, John, 17
Howlet, Thomas, 263
Ensign. 5, 134, 1S8. 192, 249. 260, 282, 423,427
GENERAL INDEX.
487
Howsen, Captain, 137
settlement of estate of, 114
Iloyte, Sergeant, 342
Hubbard [Hobart], Joshua, deputy for Hingham, 2, 120, 181, 255, 321, 364, 416
lieutenant at Hingham, 47
authorized to marry at Hingham, . 69, 342, 383
Captain, 331
Hubbard, William, Sen., 72, 244
deputy for Ipswich, . . . 255, 286, 321, 416 one hundred acres of land granted to, &c., 90 one thousand acres of land granted to, . . 283
land laid out to, 300, 301
Mr., Sen., 286
Hudson, Francis, 296
William, 90, 99, 214, 400
servants of, paid for attendance on the
Court, 149
wine duty paid by, . . 330
land granted to, &c., 375
damages allowed to, &c., 430
wine license renewed, 439
Captain, 65
Hudson River, 424
petition concerning claim of Massachu-
settf on, &c., 395
Hue and cry, see Criminal proceedings. Hues, Hughes, Joshua, administrator of Joshua
Foote, deceased, petition of, . . . . 262 administrator of Joshua Foote, . . . .311
William, 30
Puraell, 30
Hull, 183, 332
answer to petition of, concerning islands, . 117 petition of inhabitants of, concerning boun- dary, 331
Hull, John, master of the mint, 84
sale of land by, to John White, confirmed, 190
his bridge, 139
his plain, 139
of Newbury, 215
Margaret, 190
Humphrey, Mr., report of commissioners to lay
out farm of, 95
Hunkins, Hercule.s, 136, 198
Hurd, John, 427
Husband and wife, blows between, punishable
by fine, &c., 26
Hussey, Hussie, Hussee, Christopher, . . . 215
deputy, 321, 364, 416, 449
appointed to marry at Hampton, .... 382
Lieutenant, 403, 440
Hutchinson, Edward, 217, 243
deputy, 320
answer to petition of, 350
confirmed in office as captain of cavalry, . 369
Hutchinson, Richard, 401
Captain Thomas Clarke plaintiff against, . 362 vs. Captain Thomas Clarke, in review, . . 400
Mr., 150, 232, 260
Idlers, vagrants, &c., constable to apprehend, 324 Impressment of horses, see Horses.
Ince, Jonathan, 109,178
Incendiarism to be punished with death, . . 83 Inde.\ to the laws to be made by Thomas Dan-
forth, 422
Indian pJantation at Natick, committee ap- pointed to fix boundaries, 112
wounded, e.xpense of cure of, to be paid, . 118 settlement, order concerning, on petition
of Rev. Mr. Eliot, 137
maid whipped for homicide of another
maid, 245
College, twenty pounds worth of type to
be procured for, 336
plantation surveyed, &c., at Whipsufferage, 363
Indians, 117
under Pumhomand Sacononoco, complaint
against Providence by, 14
letter concerning, sent by the General Court by William Arnold to Providence,
&c., 14
in the jurisdiction of Massachusetts, French, Dutch, &c., not to tr-ade with, ... 21
to be enlisted, 80
becoming civilized, to have title to lands
and rights as English, 102
towns to be erected for, on petition of Mr.
Eliot, 192
order to prevent drunkenness among, . .201
horses not to be sold to, 255
and negroes not to train, 257
boats or other vessels not to be sold to, . . 277 strong liquors, wines, &c., not to be sold
to, 289
trade with, forbidden, except by persons
authorized, 291
land laid out for, on petition of Mr. Eliot, . 317 complaint that the commissioners of the United Colonies use much time in the
affairs of, 324
Courts established for, 334
and Chelmsford, exchange of land between, 430 names of the chief inhabitants of Pa- tucket, 431
Industry in raising wool, spinning, &c., incul- cated, 256
Ines, jNIatthias, answer to petition of, ... . 297 IngersoU; see Engersol.
Inhabitants, ordered to take oaths of fidelity, . 79 Innkeepers, &c., not allowed to arrest sailors
for debts without leave of master, . . 2
488
GENERAL INDEX.
Innkeepers, decision upon a case stated as to
breach of law concerning, .... 23 &c., not to sell beer above twopence per
quart, 151
not to allow immoderate drinking, . . . 203 See Wines.
Inns, dancing at, forbidden, 40
order to restrain idleness and dissipation
at, 59
keepers of, to procure, annually, licenses
from County Courts, 287
penalty for loitering o^ drinking at, on Sat- urday or Sunday nights, 347
&.C., in Boston, see Boston. Inspection of beef, pork, and fish, established,
under gangers, 39
Intoxicating liquors, order to prevent sale of, to
Indians, 201
law against illegal sellers of, 203
fees on, granted to Mr. Michelson for two
years, 244
not to be sold to Indians, 289
law concerning sale of, 324
excise on, granted to Edward Michelson . 404
Ipswich, . 87, 105, 165, 196, 198, 249, 310, 376, 377
deputies of, 2, 37, 77, 120, 181, 221, 255, 286,
321, 364, 416, 449
prison to be built at, 85
highway to Andover, 103
church, thanked by the General Court for
assenting to removal of Mr. Norton, . 133 and Newbury, Andover, and Rowley, return of committee on highway through, ap- proved, 138
and Boston churches, council to be called at Ipswich in relation to Mr. Norton's
removal, 225
council at, expenses of, to be paid by
Treasurer, 240
case concerning taxes for parsonage house, 310
answer to petition of, 335
inhabitants of, granted lands near Quobogg
Pond, 421
Iron Works, 216
at Lynn, encouraged, 137
Special Court for actions against the pro- prietors of, 155
decision as to levy on execution of personal
estate of a proprietor in, 188
and Mr. Gitford, Court refuses to hear case
between, 194
auditors to settle accounts between, . . 195 proprietors of, vs. John GifTord, . . 217 — 220
Company vs. Robert Knight, 227
Messrs. Keayne and Winslow, attorneys
for, vs. John GilTord, 228
Iron Works, decision on a point in case vs.
Gitford, 237
and John Giflbrd^ case between, . . 241 — 244
further decision in case between, . 251, 252
charter for a new company granted, . . .311
at Concord, 429
allowance for taxes of, to Lynn, revoked, . 439 Islands in the bay granted to Captain Leverett, 115
Isle of Shoals, 110,198,233
commissioners appointed at, 135
answer to petition of inhabitants of, . . . 375
Jackson, Edmund, 32, 99
resignation of trust of estate of Thomas
Joy, 94
Edward, 6, 32, 54, 89, 112, 118, 135, 148, 179, 187, 219, 264, 269, 270, 291, 317
deputy, 2, 37, 77, 120, 181, 255
surveyor of Captain Keayne's land, . . 7
Elizabeth, 296
Richard, deputy, 120, 221
Mr., 318, 362
Jacobson, Captain, his bark adjudged to be for- feited, 189
Jamaica, answer to letter from his highness
concerning settlement at, 273
Jarvice, John, 235
Jeanison, Captain William, 148, 176
grand juryman for Cape Porpus, . . . .165
William, 190
claims Jeiferay's Neck, near Ipswich, . 423
land granted to, 440
Jeffery's Creek, committee appointed on peti- tion of inhabitants of, concerning
lands, 423
answer to petition of inhabitants of, con- cerning bounds, 427
Jeftes, Henry, 240
Jenkin, Reignald, 124
Jenks, Joseph, patent granted to, for an engine
for more speedy cutting of grass, . . 233
Jenner, Thomas, 249
Jeofferies, JeotTeryes, Jefferay, Jefferys, JefTery,
Gregory, 164
Jephson, John, answer to petition of, ... . 297
Jethro, an Indian, 407
land mortgaged by, to Harmond Garrett, . 43
Jewett, Juett, Joseph, 76, 90, 135, 188, 191, 192, 209,
211, 230, 247, 270, 423, 425, 427
deputy, 37,77,120,182,416,449
steward of the House of Deputies, his bill
audited, 112
Maximilian, 97
deputy, 37, 77, 182, 221, 255, 286, 321, 365,
449
Jocelyn, Henry, 358, 361
deputy, 417
GENERAL INDEX.
489
Jocelyn, Henry, commissioner for Falmouth and
Scarborough Court, 360
and Mr. Jourdan, called, but do not ap- pear, 318
letter of General Court to, concoming
government in Maine, 305
John, Sagamore, 268, 337
Johnson, Edwanl, 20, 42, 44, 45, 51, 89, 96, 98, 117,
135, 137, 141, 144, 179, 226, 228, 249, 269,
273, 286, 291, 296, 302, 305, 307, 396, 397,
415, 423.
deputy, 2, 37, 77, 120, 182, 222, 255, 286, 321,
365, 449 to be paid for services in linding the north- ern boundary line, 109
commissioner of Yorli County Court, . . 131 authorized to marry at Woburn, . . . .188 appointed special commissioner, .... 288
land granted to, ... 339
and John Carter, answer to petition oi. &c., 353 and others, committee on dili'eronces at
Wobuiu, 373
chosen surveyor of arms, &c., 391
land located for, 402
and Carter and Dutton, settlement of case
between, 407
commissioner, &c., 422
time for locating grant to, limited, . . . 425
of York, 129
Francis, 377
lieutenant at Marblehead, 148
petition of, 429
Captain Isaac, of Ro.xbury, .... 442, 443 thirty-two hundred acres of land granted
to executors of, 7, 8
captain at Ro.xbury, 173
commissioners appointed to lay out land
for executors of, 295
land granted to, 375
James, 18. 295, 399, 405
land granted to, &c., located, .... 375 John, {surveyor general,) 34, 47. 51, 66, 89, 97, 110, 112, 13,5, 148, 154, 178, 262, 283, 284, 286, 311, 340, 352—354. deputy, . . 2, 37, 77, 120, 255, 286, 320, 364 surveyor general, land sold by, to Rich- ard Parker, 7
overseer of Joseph Weld's will, . . .51 granted five pounds per annum, as sur- veyor general, 74
sale of land to, by Thomas Hawley and
wife, confirmed, 147
three hundred acres of land granted to, 304
vs. John Viol, 337
land sold by, to William Parkes, . . . 354 and Lieutenant Peter Oliver, petition of, 333 VOL. IV. P,\RT I. 62
Johnson, William, . . 177
Captain, 196, 247, 252, 406
appointed to marry at Woburn, . . . 382
Jones, Lewis, 343
Joseph, fine of, abated, 265
Thomas, 33, 124
Jones's Hill, 43
Jordan, Jourdan, Jorduine, Robert, 357, 358, 361, 436 and John Ridgway, case between, referred, 211 commissioner for Falmouth and Scarbor- ough Court, 360
Mr., 230, 305, 318, 425
Joy, Thomas, 94
property to be sold for benefit of family of, 32 Joylifi't', Jolin, allowed to land malt, &c., . . 378 Juries, late law concerning, repealed, . . . 107 Jurors, summoned to special Courts, to be paid by party for whom the same is con- vened, 3
order concerning choice of, for special
Courts, 60
grand, to be paid three shillings per day, . 154 traverse, to be paid four shillings for each
action, 154
Jury, order concerning duties and powers of. 290)
291 Keayne, Keaine, Mrs. Anna, and Edward Lane,
case between, referred to arbitrators, . 369 and Edward Lane, settlement of case be- tween, 391, 392
five hundred acres of land granted to, . . 410
Anna, Jun., guardians appointed for, . . 395
Robert, . . . . 6, 7, 217—220, 370, 410, 429
grant located near Medfield, .... 7
and others, to pay for guns lent by the
General Court, 47
commissioner for Boston, 62
petition concerning lands of Sagamore
George, 68
Captain, . . . 11,55,97,98,237,252,270 order concerning disposal of estate of, . 395 Kemble, Thoma.s, petition concerning account
due from his master, Mr. Rich, . . . 236 and Thomas Jenner vs. John Pearce, case
referred, 249
Kennebeck, 249
Kennebeck River, the bounds of Cape I'orpns
and Wells, 426
Kent, Richard, 341
commissioner at Newbury, 14
Stephen, 117
petition for remission of fine, . . . .135
Keyes, Solomon, 362
Kibby, Edward, petition concerning estate of
Garrett Bourne, 232
Lydia, 336
490
GENERAL INDEX.
Kingman, , deputy, 77
Kingsly, Kinsley, Stephen, 29, 42
deputy, 2, 37, 77, 120
King, William, 410
King Charles II , address to, 449
Kittery, 214, 233, 306, 374, 405
deputies of, 120, 182, 222, 255, 286, 321, 365,
417, 449 commissioners appointed to receive inhab- itants of, under the government of
Massachusetts, 70
commissioners to, 109
return of commissioners sent to, concern- ing jurisdiction of Massachusetts over,
&c., .122
powers granted to commissioners for Courts
at, 127
and York, report of committee on line be- tween, 261
inhabitants voting for Richard Nason, to be
summoned, 263
constables of discharged, 281
Knight, Ann, pelition of, 282
Ezekiel, 158
commissioner and selectman at Wells, 159,
160
grand juryman, 160
Richard, 341
Robert, 129,137,138,145,241
three hundred acres of land granted to, 91 Iron Works Company, plaintiffs against, . 227
Mr 97, 282
Knowles, John, commissioner on Harvard Col- lege, 362
Mr., 420
Lake, Thomas, 267, 374, 395
and others, petition concerning division of
lands at Swampscott, 249
and Nathaniel Gardiner's portion of land
at Quampscott, 266
surrender by, and grant of land to, . . . 267 ensign to north military company in Bos- ton, ". ... 349
committee appointed to lay out lands to, . 403
Lambe, Dorothy, ... 89
and others, petitioners for confirmation of sale of land of Thomas Lambe, de- ceased, 66
Edward, deceased, 31
Thomas, of Roxbury, deceased, sale of land by wife of, to William Parkes,
confirmed, ... 89
i^ancaster, 307, 311, 337, 372, 411
formerly Nashaway, 139
orders concerning, 138
bounds, &c., 139, 140
Lancaster, to have the liberties of a township, 189 committee to lay out bounds of, ... . 189 committee appointed to settle difficulties
at, 296
petition concerning Iron Works, . . . .311 Lands, &c., order concerning conveyance of,
see Conveyance. Lane, Ambrose, associate in Court at Straw- berry Bank, 69
special Court on petition of, 117
Anna, 443
land located for, 444
Edward, 395
and Mrs. Anna Keayne, case between,
referred to arbitrators, 369
and Mrs. Anna Keayne, settlement of
atfairs between, 391, 392
Job, 249
petition of, concerning his servant Ebed-
meleoh, 137
Sampson, . . . ; 46
warrant to be issued for arrest of, . . . 71 Larceny, punishment of; search warrant, &c., 82 Latitude of north boundary, observed by Sher- man and Ince, 109
La Tour, Monsieur, Captain John Leverett and
others allowed to freight a vessel to, . 146
Laughton, Layton, Laiton, Thomas, ... 9, 230
deputy, 2, 37, 77, 120, 221, 255, 286, 320, 449
Goodman, 435
Law containing the agreement with the printer
not to be printed, 196
mercantile or maritime, see Lex Blerca- toiia. Laws, to be transcribed by the secretary for the
towns, &c., 22, 23
special committee appointed on printing
of, 35
of the session, committee appointed on
distribution of, 119
committee appointed on revision of, . . 149 committee appointed to examine, . . . 180
of each session to be printed, 182
committee appointed to examine, &c., for
printing, 182
of the session, committee appointed to pe- ruse and view, 195
committee appointed to revise for print- ing, 281
&c., to be read on three several days be- fore passage, 292
public, order concerning printiirg of, . . 299 Major Denison appointed to revise and
codify, 337
to be printed 350
additions to, &c., 351
GENERAL INDEX.
491
Laws, order concerning distribution of, . . . 381 printed, order conoerniiij; distribution of, . 422 new edition of, to be in force in thirty
days, &c., 432
Leader, George, 124
Ricliard, 73, 138
of Lynn, tried and lined for libel on the
government. &o., 45
Ann Mason plaintitF against, . 94, 138, 156 Learniiijr, advaucement of, encouraged, . . . 100 Leather, law concerning inspection and sealing
of, explained, 41
Bozoon Allen and William Davies inspect- ors of, 93
Letter from William Bradford, Governor of
Plymouth, respecting Shawomet, . . 34
from Nicholas Easton, 34
to be written to Rhode Island, 34
from William Arnolil, 34
to be written to William Arnold, .... 34 to be written to Roger Williams, .... 46 respecting Kittery, sent to Edward Godfrey,
&c., 73
to be written to Gloucester concerning salt
works, . . 91
to be sent to the Parliament, 110
to be sent to Oliver Cromwell, Lord Pro- tector, &c., 110, 215
to be written to the Governor of Plymouth, 111 of thanks to be sent to the church of Ips- wich, 133
received from the Lord Protector of the
commonwealth of Ens-land. . . . .195 sent to each of the United Colonies, . . .196 sent to Connecticut and New Haven, . . 199 from the Dutch Governor to be answered, 251
to be written to Mr. Hopkins, 251
to be sent to his highness the Lord Pro- tector of England. 251
received from Captain Leverett. .... 449 sent to the Earl of Manchester and Lord
Say, &c., 449
Letters and other foreign transactions to be re- corded by the secretary and clerk of
the House of Deputies, 63
book for recording, 73
and papers from the General Courts of
New Haven and Connecticut, . . .199
from England to be answered, . . 195 — 197
Dutch, interpreted by Simon Lynde, . . 424
Leverett. John, 38, 42, 44, 51, 55, 85, 89, 106, 110,
114, 118, 135, 141, 146, 154, 179, 191, 195,
218.
deputy, 37, 77, 120
commissioner for Boston, 62
on committee for repairing the Castle, . . 89
Leverett, .lohn, captain of Suffolk cavalry, . . lOT
commissioner for Boston, 115
granted islands in the bay, 115
his father an adventurer with the first to
Massachusetts, 115
case of, assigned, 227
censured for misconduct as to ship Prophet
Samuel, 229
sentence against, reversed, 234
appointed agent for the colony to the Lord
Protector of England. &c., . . . .251
committee on instructions for, 253
commissioner to England, instructions for, 455
Levitt, John, deputy, 255
Lewes, Thomas, 435
Lewis, Leuis, George, 358
John, fifty shillings e.vpended for Mrs. Cole
to be paid to, ' . 64
, admitted freeman, 129
Lex Mercatoria, committee appointed to pe- ruse and report, 10
new committee appointed, 69
Limitations, statute of, in criminal cases, . . 81
Lincoln, Linkhorne, William, 332
Robert, 312
Lindsay, Christopher, to be paid for injury sus- tained, 233
Lithermore, John, 350
Littlefield, Anthony, 158
Edmund, 158, 160, 201, 426
Francis, deputy, 449
Francis, Sen., 158
Francis, Jun., 158
Thomas, 158
Locke, Mr., 279
Robert, petition of, 371
Long, Mary, petition concerning marriage, . . 51
Robert, 90, 329
remitted impost duty, 434
, released from bond. 207
Longley, William, 95
Long Meadow, 95
Lord, Nathaniel, 124
Robert, 192, 198, 282
marshal at Ipswich, 188
Nathaniel Boulter plaintiff against, . . . 215 petitioner for review, &c., vs. Nathaniel
Boulter, 228, 229
Lord Protector of England, see England.
Lord's day, law concerning profanation of, . . 150
law to prevent profanation of, 200
order concerning breach of, 347
Lost and found, goods, constable to make entry
of, 325
Lothrop, Lieutenant, deputy, 119
Lowe, John, 99
492
GENERAL INDEX.
Lowle, Elizabeth, petition of executors of will of, concerning estate of Elizabeth
Goodale,.. 92
deceased, petition of overseers concerning
care of estate of, 348
James, .146
John, 31, 146
. deceased, 146
Joseph, .,,..... 146
Mary, authorized to receive legacy from . Richard Lowle, (to go to England,) 31, 32
Richard, 31, 92
relieved from care of sons of John Lowle, 146
Ludkin, William, 68
Ludlow, Ludlowe, Roger, . . . . 167, 169, 172
Mr., 14)
Lumber, Boston authorized to control survey-
■ ing of, in its limits, 145
order concerning measuring of, ... . 222
Lunerus, Mr., 194
Lusher, Captain Eleazar, 32, 42, 45, 54, 89, 112, 174, 201, 202, 215, 219, 225, 228, 231, 247, 249, 264, 284, 286, 291, 304, 314, 317, 319, 320, 342, 362, 363, 369, 380, 391. 404, 407, 415, 425, 445. deputy, 2, 37, 77, 181, 221, 255, 286, 364, 416,
449 commissioner to Plymouth concerning
Shawamet, 15
return of, 16
confirmation of land to, 117
appointed special commissioner, .... 288
land granted to, 375
appointed to marry at Dedham, .... 383 to administer oath, &c., at Dedham, . . . 396
land laid out for, 404
Lygonia, 250
Lyman, Richard, 368
commissiorier at Northampton, .... 372 Lynde, Lyne, Line, Simon, petition of, concern- ing case in Court, 145
and Thomas Gatliffe, case between, . .261 two hundred acres of land granted to, for services as translator of Dutch, . . 424
land located for, 443
Thomas, 42, 176
commissioner at Charlestown, 249
deputy, 286
Lynn, 45, 52, 90, 95, 225, 331, 382
deputies of, 2, 37, 77, 120, 181, 221, 255, 286,
320, 364, 416, 449 to be allowed ten pounds per annum dur- ing the continuance of the e.vemption
of the Iron Works, 137
bridge, committee appointed to complete, 230 petition concerning bridge, and paupers, . 230
Lynn and Boston boundaries, order concerning, 298 cavalry corps to be raised by, &c., . . . 341 allowance for taxes of Iron Works re- voked, 439
Mackworth, Mr., 436
Mackworth's house, 20T
Macy, Masy, Thomas, 188, 231, 407
deputy, 181
Madjuer, Michael, 358
Magistrates, families of, exempted from laws
concerning dress, 61
granted annual allowance to pay expenses, 154 thirty-five pounds per annum granted to,
in lieu of taxes and expenses, . . . 204 absent from the General Court liable to
forty shillings fine, 224
ferriage of, order concerning, 253
fourteen only to be nominated, .... 347
Mainard, Elizabeth, 405
Maine, commissioners to, 109
action of commissioners in accepting parts of, under government of Massachu- setts, 122—130
return of commissioners approved, . . .131 establishment of authority of Massachu- setts in Wells_, &c., 157—164
thanks voted to Mr. Bellingham and others,
commissioners sent to. 165
answer of Court to protestation of George Cleve against the government of Mas- sachusetts over, 312
Major general, his account settled with the
auditor, 8
power of, see Military affairs.
Makepeace, Makepeas, Thomas, 150
answer to petition concerning forfeited
boards, 10
petitioner for sale of part of estate of O.
Mellows, deceased, at Braintree, . . 49 William, free from Mr. Hutchinson, his
master, 150
Maiden, 47, 89, 92, 183, 349, 375
deputies of, . 2, 37, 77, 120, 182, 222, 255, 449
mark appointed for cattle, 6
church summoned concerning ordination
of Mr. Mathewes, 42
church, 70, 71
church members of, fined fifty pounds for
ordaining Mr. Mathews, 71
report of messengers from neighboring churches concerning Mr. Mathews's
case, &o., 90
ten pounds of fine of, remitted, . . . .113 petition of certain inhabitants for remis- sion of fines, 236
petition concerning highways, 237
GENERAL INDEX.
403
Malt, order concerning making of, .... 83
not to be imported, . 199,246
law foi-biddiiig importation of, repealed, . 418
Maning, William, . .214
Mansfield, John, 337
answer to petition of, 429
Mary, answer to petition of, 32
Paul, 405
Marblehead, Francis Johnson, lieutenant at, . 148 ISIares, law restraining exportation of, re- pealed, 277
Marian, John, decision as to levy of execution
on land of, 188
Maritime law, see Lex Mercatoria.
Marjerum, Margerom, Richard, .... 207, 237
Marlborough, formerly Whipsufferage, . . . 424 Marrett, Thomas, . . .......... . . .332
Marriage ceremony may be performed by two
commissioners of small causes, . . . 255 to be solemnized by a commissioner of
small causes, 322
Marriages, see Registration.
Marshal of Court not to be clerk also, . . . .183 fees of, for attachments, executions, &c., . 152 granted excise duties on strong water at
retail, 153
Marshals and deputies authorized to require
aid in service of process, 18
Marshall, John, paid for care of Court House, . 406
Thomas, 9, 146, 177, 284, 441
deputy for Boston, 2
deputy for Lynn, 364, 416
surety for John GifTord, .... 242, 243 appointed to marry at Lynn, .... 382
Marston, William, 314
Martin, Martyn, George, 215
Richard, 358
Robert, 381
William, 235
Martin's Vineyard, 199
Mashepagocke, 437
Mason, Ann, executrix of Captain John Mason,
vs. Richard Leader, 94, 138
vs. Richard Leader, judgment rendered, . 156
land granted to, 156
Arthur, land granted to, 396
Hugh, 307
appointed to solemnize marriage at Wa-
tertown, 339
deputy, 416, 449
John, 94, 156
Joseph, agent for Ann Mason, vs. Richard
Leader, 94, 156
agent for Ann, and Thaddeus Riddan, agent for Richard Leader, case be- tween, postponed, 138
Massachusetts jurisdiction vs. Richard Wooddc, 3 1 3
Masterson, Nathaniel, '.iU)
Mather, Eleazar, proposal to settle at North- ampton, 345
Samuel, 12
Mr., 280
Mathews, Mathewes, Marmaduke, . . . . 70, 71
summoned to appear, &c., 42, 43
fine respited, 71
confession of, accepted, &c., 90
fine remitted, 113
Mr., allowed an opportunity to give satis- faction, &c., 21
(of Maiden,) 236
Matson, Thomas, 68
Mattoone, Hughbert, 124
Mattox, David, 269
Sarah, sale of laud by, confirmed, . . . 269
Maverick, Antipas, 124
Jane, 187
John, petition of, 187
Moses, 187
Samuel, Colonel John Burch demandant
against, for Noddle's Island, . . . .132 surety for John Gifl"ord, &c., . . . 242, 243 petition for remission of forfeiture, . . 297 fine of one hundred and fifty pounds
abated one half, 18
Maynard, John, deceased, administrators to sell
house of, &c., 405
Medcalf, Metcalf, Joseph, 223, 317
deputy, 181, 221
Mr., 247
Medfield, 308, 383, 404, 441
deputies of, 77, 120, 365
report of commissioners upon boundaries
of, 6
name fixed, ^
granted the usual powers of towns, ... 46
brandmark for, 334
granted addition to its territory, .... 379
Medford, 307, 338
small causes at. to be heard by Cambridge
commissioners, 339
inhabitants of. to train in Cambridge com- pany, 339
Mellowes, Mellows, Abraham, 357
vote concerning land granted to, . . . .318
Edward, deceased, 590
John, 312, 318, 335
land located for, 357
committee appointed to locate land for, 338 Oliver, deceased, petition concerning sale
of estate of, 49, 50
Mendam, Robert, 124
constable for Kittery, 126
494
GENERAL INDEX.
Mercantile law, see Lex Mercatoria.
jNIerchaiits, &c., order concerning taxation of, . 38
Merriara, Robert, 253
deputy, 221, 255, 286, 321
Merrimac River, boundary line of Massachu- setts three miles north of, 94
commissioners appointed for discovery of
the most northerly part of, . . 98, 109 survey of, as to boundary, see Boundary. new plantation established on. on petition
of Concord, 136
island in, to be sold to liberate the son of
Passaconiiaway, 403
Merry, Walter, 373
Messenger, Henry, judgment against, reversed, 247
Michelson, Edward, 153, 383, 419
marshal, execution of all judgments of the General Court and Court of Assistants
to belong to, 146
fees on strong water confirmed for two
years to, 244
marshal, granted three hundred acres of
land, 306
granted impost on stiong wafers, . . . .311 to be paid for attendance on commissioners
of the United Colonie.s, 311
land located for, 333
grant of liquor excise to, continued, . . 404
Middlesex county, 201, 247, 280, 420
military officers," 107
Lancaster to be rated within, 140
order concerning choice of major of, . . 149
bridges in, report concerning, 306
Courts, two additional, to be held at Charles- town, 102
at Charlestown, days changed, . . . .186 law concerning associates in, postponed, . 38 order concerning choice of jurors in, . . 60 recorder of deeds, &c., Thomas Danforth, 90
Milam, Humphrey, 66
John, 15, 47, 55
vs. William Francklin, 56
sale by, of John Seabury's house to Al- exander Adams, coutirmed, .... 64
Mile, Joseph, 124
Military alTairs, officers, &c., of Harvard College
free from training, &c., 14
major general authorized to train his regi- ment once a year, 56
cavalry companies, authorized to choose
officers. 58
sergeants of companies exempt from con- stable's watches, 85
regulations as to companies, officers, train- ings, watches, alarms, &c., . . . 86 — 88 oath to sergeant major, 88
Military affairs, seniority of officers in Boston,
&c., 106
commissions for all officers to be prepared
by the secretary, 106, 107
commissions of cavalry officers, .... 108 soldiers impressed, discharged, .... 122 members of cavalry not to be officers in infantry ; regulations for cavalry ; training by millers, fishermen, &c. ; isolated farmers exempt from train- ing; impressment in time of war;
officers' rank, &c., 155
soldiers to work upon the Castle, &c., . . 183 e.xplanation as to rank of captain of cavalry, 183 committee of militia in towns authorized to suppress all illegal raising of sol- diers, 186
constables to collect the tax on soldiers for
the Castle, 202
men now under impressment to be re- leased, 206
soldiers impressed, but not employed, not
to receive pay, 204
Essex regiment to be mustered for 1655, . 224 seniority of officers in Boston, .... 246 negro and Indian servants not to train, . . 257 provisions concerning choice of officers, . 258
cavalry, orders concerning, 253
clerks and sergeants to be approved by ■
County Courts, . 322
law exempting cavalry from ferriage, re- pealed, 323
cavalry not to sell their horses without
leave, 366
order concerning days of training, . . . 420 Military company of the Massachusetts, com- mittee to locate grant of land to, . .216
land located for 243
See Artillery company. Military officers, families of, exempt from laws
concerning dress, 61
Mills, Milles, Thomas, 158
William, petition concerning abatement of
fine for illegal voting, 188
Milward, Thomas, 92
Mingay, Jeollery, deputy, 2
Ministers, County Courts to assess towns for
maintenance of, &c., 199
committee appointed on provision for main- tenance of, 286
provision for, referred to County Courts, . 314
to be approved, &c., 32?
houses to be proviiled for, 351
Ministry, provision for support of an able, . . 417 Minot, John, Sen., commissioner for Souther- town, 353
GENERAL INDEX.
495
Mint, Older concerning coining silver at, . . 84
change in device on coin, 104
approval of former order estahlishing, . .118 committee to contract with master for rev-
enne from, 434
IMiseries and Baker's Island petitioned for by
Salem 422
and Bakers Island granted to Salem, . . 437 Mistick. answer to petition of inhabitants of, . 339 and Pauketucke, petition of inhabitants
of, &c., 353
River, 3.'J3
Mitchell, Michell, Michells, Margaret, ... 43
Jonathan, 13. 43
Mr., 280
Money, committee's act about minting, &c.,
approved, 118
Monhatoes, messengers sent to. 140
Monnequasson vs. Hugh Batten, . . . 227, 228
Monroo, Ale.xander, 52
Monrooes, Alexander, 114
Montague, Griffin, 164, 214, 233
Moody, William, . • 201
Moore, Goulden, 33
Richard, 1«3
William, 129
Mortgages, see Conveyances.
Morton's Misery, island, 405
Moulton. Thomas, 211
constable at Cape Porpu.s, l(!o
Mousall, Mou.seall, Mowsall, Ralph, . . .51,307
deputy, 37, 255
commissioner at Charlestown, 249
Muggleton, Lodowick, and John Reeves, books
of, condemned, &c., 199
books of, to be burned, 204
Mannings, Eilmund, 186
George, 51, 214, 218
petition for repair of prison keeper's house, 9 prison keeper, petition of, concerning
suit against, for escape of a debtor, . 65 petition of, concerning Alice, a Welsh
woman, 92
petition for release of Alice, a Welsh
woman. 112
toanswer for escape of Benjamin Saucer, 213 petition for remission of fines, .... 234 widow Hannah, deed to Lieutenant Roger
Clap, 445
Mahalaleel, 164, 445, 448
attorney for Edmund Munnings, e.\ecu- tion vs. George Halsall levied on a
•wharf, 186
vs. Nathaniel and Peter Duncan, . . . 394
Muzzey, Alice, 249
Mystic, answer to petition of inhabitants of, . 339
Mystic bridge, authority to take toll granted to
any that will keep it in repair, . . . 148
to be linished, 307
Nacy, Ricliard, 214
Nahanikege, 399
Naliant, 115
Nananacus, 134
Naotucke, return of commissioners to lay out
plantation at, 213
Narragansett Indians, two. paid for bringing the
peage, 35
expenses of expedition to, paid, .... 216 Indians, answer to request of, for liberty to
make war on Uncas, 299
Narragansetts. pay awarded to divers of the ex- pedition against, 191
Nash, Jame.s, deputy, 221
Nashaway, 22, 337
plantation at, called Lancaster, .... 138 Messrs. Nowell and Eliot sent to advise with Indians at, concerning choice of
a sagamore, 210
Nashoba, 192
Nasliup, 192
Nason, Richard, 124, 245, 407
rejected as deputy for Kittery, 263
order concerning bond for good behavior, . 264
Nalick 334,409,441
Indian plantation at. located, 112
Indians, see Eliot. John, petition of Mr. Eliot concerning location
of lands for, &c., 362
land located for, 3()3
boundaries of, 4(18
return concerning boundaries approved. . 428
Natucketf, 199
Neale, Francis. 358
commissioner for Falmouth and Scarbor- ough Court, 360
Henry, referred to County Court. .... 397
Needeham, E., 95
Negroes to be enlisted, 86
and Indians, servants, not to train, . . . 257 Negus, Jonathan, clerk of the writs for Boston, 68
appointed guard for Governor 440
Thomas, 283
Neighbor, James, 373
petition of, 329
Nelson, Thomas, Richard Dummer declared
legal attorney for,. 12
Richard Dummer declared legal attorney
for, on petition of John Pah^er, ... 36
Mr., 440
Neponset River, bridge over, 98,192
bridge, committee appointed concerning
the rebuilding of, .' 231
496
GENEKAL INDEX.
Newbury, . . U, 194, 201, 215, 225, 341, 382, 440 deputies of, 2, 37, 77, 120, 181, 221, 255, 286,
321, 364, 416, 449
commissioners. 14
military officers, 47
William Gerrish authorized to marry at, . 65
Beujamin Swett ensign at, 67
highway to Andover, 103, 104
highway to Ipswich to be laid out, . . . 138 and Rowley boundaries, petition concern- ing perambulation of, 191
and Rowley line, committee to settle, . . 249 and Rowley, return as to boundaries, . . 263 order concerning military affairs at, . . . 341 order concerning military company at, . . 362 inhabitants of, granted new plantation, . . 402 land granted to inhabitants of, on Saco
River, for settlement, 421
Newell, Abraham, 327
Newgate. John, petition concerning lands of
Sagamore George, 68
petition of, 180
New Haven, Ill
letter sent to, 199
Newitchevvannicke River, 118, 156
Newitchawannet River, 147
New Plimouth, see Plymouth.
Nicolson, Jane, 419, 433
Nicholson, Joseph, 419, 433
Ninnicrot to pay Pumhom damages, .... 95 Ninnicraft, expenses of e.\pedition against, to
be paid, 216
Ninnigret, return of expedition against, under
Major Willard, 206
See Ninnicraft.
Noddle's Island, 63
judgment for possession of, recovered by Colonel John Burch against Samuel
Maverick, 132
Nonacoicke, 147
Nonotucke, 332
petition of inhabitants of Springfield for
settlement at, 136
government established at, 227
Norfolk county, 201,247,351
cavalry, authorized to organize, .... 279 Court, commissioners appointed for, ... 94 Courts, .... 18, 44, 94, 110, 180, 232, 430 petition by Hall and Dowe for relief as to
county charges, 236, 237
County Court, order concerning expenses
of jury at, 269
Nornce, Mr., 48, 280
Northampton, 345, 380, 420
taxes to be rated as others, 259
commissioners first appointed for, . . 271
Northampton, answer to petition of church of, . 335 proposal to settle Rev. E. Mather at, . . 345
officers for, 372
order concerning religious services at, in
absence of Mr. Mather, 372
referred to Springfield in reference to
County Courts, 379
North line, see Boundary.
Norton, Francis, 21, 34, 89. 110, 112, 118, 193, 215,
260, 327, 373, 400, 425
deputy, 2, 77, 120, 181, 221, 320, 364, 374, 416,
449 on committee for repairing the Castle, 89, 154 major for Middlesex in the absence of
Major Sedgwick, 107
confirmed captain at Charlestown. . . . 249
land granted to, 375
land located, 400
Henry, 129
marshal at \ork, 130
to be paid for his journey, 258
John, 34, 348, 383
is desired to answer Mr. Pynchon's book, 30 twenty pounds paid to, for answer to Mr.
Pynchon's book, 56
Ixis answer to Mr. Pynchon's hook to be
printed, 72
pastor of Ipswich church, removed to Boston by advice of the General
Court, .132
of Boston, overseer of Harvard College, 204 question concerning removal from Ip.s- wich to Boston to be referred to a
council at Ipswich, 225
appointed to write a treatise on the doc- trines of the Quakers, 348
distribution of copies of books by, . . 381
thanks voted to, &c., 397
five hundred acres of land granted to, . 397 Nicholas, constable of Weymouth, answer
to petitions of, 303, 336
Richard, 99
Mr., 48, 280, 386
Captain, 235, 247, 355
Norwottuck, committee appointed to lay out
bounds of town at, 368
John Webster special magistrate at, . . . 420 Notary public to have control of importation
and sale of powder, 57
Nathaniel Souther appointed, 118
fees for services established. .... 28, 29
Nova Scotia, fur trade in, 355
November, fifth of. appointed as a day of pub- lic thanksgiving, 279
Nowell, Increase, 44, 179, 188, 200, 209, 210, 212, 217—219, 228, 296, 333
GENERAL INDEX.
497
Nowell, IiicTease, execulov of Isaac Jolinson's
will, 7
chosen Assistant, . . 1, 36, 76, 119, 181. 221 and aiulitor, new committee on Lex Mer-
catoiia, 69
deceased, relief of family of, proposed, . 253 deceased, land granted to widow of, . . 281 Parnell. confirmation of land to. .... 294
Samuel, 282, 295
Mr., .... 10. 66, 67, 97, 151, 248, 249, 378
Mrs., 282
Noyes, Noies. Noice, Nicholas, . . .194, 292, 341
deputy, 449
Peter, 276
deputy, 2
Peter, Sen., and others, petition of, . . . 228
Peter, Jun., 276
Thomas, 53, 307, 333, 339, 371, 401, 412, 426 appointed to marry at Sudbury, . . . 382
Ensign, 369
Mr., 313
Nutter, Hate Evil, 147,211,240,377
Elder. 177
Oakes, Edward, 327, 353, 373
deputy, 364, 416, 449
Oakman, Samuel, 358
Oath of fidelity, residents to take, . . . . 79, 80
of secretary. 16
Of!:koontiquonkanus, 192
Ognoinkongquamescit Hill, . 363
Old William, alias Pompassenoway, land grant- ed by, to John Endicott, Jnn., . . . 427 Oldham, Richard, deceased, sale of land by
executor of. 317
Oliver, James, . . .47, 146, 383, 399, 400, 419
allowed for loss on powder, 270
land granted to, &c., 375, 399
John, 148
Peter, ... 18, 107, 198, 217, 333, 399, 400
land granted to, &o., 375, 399
Samuel, to be paid for medical attendance
on Mrs. Cole, 50
Captain 281
Orrice, Elizabeth, 349
Osgood, Christopher, deceased, 33, 34
John, deputy, 37
Margery, of Ipswich, petition concerning estate referred to a committee, . . 33, 34
Ottis, John, 52, 337
petition of, for abatement of fine, .... 191 Oyster River and Dover, case between, . . . 425
Paddy, William, 247, 284
Page, Robert, 403
deputy, 286
William, deed to, from George Parkhurst
and wife, 189
VOL. IV. PART I. 63
Page, William, petition of, 228
Paine, Payne, Robert, 226, 240^ 247
William, 50,118,248,374,395
IMi-, 318
Palmer, Audry, widow, petition of, granted, . 10
Ellinor, 32
Henry, 201
commissioner at Haverhill, 6
John, 12
petition concerning Dummer's agency
for Thomas Nelson, 36
Robert, 8
Walter, 315, 353
William, 124
granted divorce from his wife Ellinor, . 32
Palsgrave, Palgrave, Anna, 227
petition for confirmation of estate, ... 69
Richard, 69
Mr., 227
Parker, George, 129
Jame.s, 240, 430 — 432
John, 129, 240, 430
Nicholas, 69
Richard, grant located near Medfield. . . 7 commissioner for Boston, . 62, 313, 353, 410
Robert, 240
Mr., 11
Parker's Neck, 435
Parkhurst, George, 189
petition to sell land granted, 234
Susan, 189
Parkman, Elias, . 238
petition concerning losses, &c., . . 52
vs. Captain Daniel Gookin, 227
and Captain Fenn, case between, de- ferred, 228
Parks, Parkes, Robert, 353
WiUiam, 51, 66, 112, 133, 178, 188,216,231, 362, 391, 404, 409, 434, 445 deputy, ... 2, 37, 120, 181, 364, 416, 449 attorney for Samuel Cooke, of Dublin, sale of land by, to Lusher and Fisher,
confirmed, 117
sale of land to, confirmed, 89
land granted to, 134
administrator of estate of James A.st-
wood, 188, 215
and Lieutenant Richard Cooke, action
between, settled, 318
land to be located for, 354
commissioner, &c., 422
Deacon, 218
Parliament, letter to be sent to, 72,110
petition and address to, on accession of
Charles II., 449, 453
See England.
498
GENERAL INDEX.
Parmiter, John, licensed fur trader, .... 354
John, Sen., 276
John, Jun., 276
Parsons, Hugh, 47, 96
Joseph, 372
Mary, 47
Ruth, 212
Parthman, Elias, 428
Pascataqua, 165, 198
River, 49, 50, 108, 110, 164
Pason, Giles, confirmation of title to, . . . . 269 Passaconnaway, son of, in prison, as surety,
&c., 403
Pasture, see Common of pasture.
Patent of Massachusetts, concerning the north
boundary of, 93, 98, 207
Patent for saving firewood, 104, 260
lo Edward Burt for making salt, .... 91 of Captain Wiggin, to be brought to the
General Court, 115
granted to Joseph Jenks, 233
for making salt, granted to John Wiuthrop, 259 Patteshall, Robert, petition concerning money,
detained, &c., 90
Pattin, William, 240
Patucket, 314, 337
names of Indians at, 431
Pauketucke, 353
Paule, Daniel, 124
Paupers brought without consent of selectmen
not chargeable to towns, 230
law concerning settlement and mainte- nance of, 365
Pauquatuck River, 357
Pawtuxitt, Patuxit, l-l, 15, 333
petition of William Arnold concerning ju- risdiction over, 149
See Shawamet. Payne, see Paine.
Pearce, John, 249
Pearse, Daniel, 292, 317
Captain John, Thomas Clarke plaintiff
against, 405
Michael, 381
Peasely, Joseph, 351, 390
Peck, Elizabeth, 10
husband of, 10
Peirson, John, and Richard Dummer, case be- tween, concerning a mill, 440
Pelham, Herbert, commissioner on Harvard
College, 362
committee appointed to lay out land for, . 376
Captain, 283
Pell, John, 312
Pemberton, James, petition concerning title to
an island, 95
Pemberton, James, declared owner of Pember-
ton's Island, 116
Pemberton's Island, 95
Pend'eton, Pendelton, Brian, 109, 122—131, 135, 157, 211, 215, 282, 302, 340, 374
deputj', 120, 182, 321, 449
associate in Court at Strawberry Bank, . 69 petition of, for inhabitants of Strawberry
Bank, 90
to hold the Court at Strawberry Bank, . . 90 associate in the County Court for Kittery, . 127
administrator of John Watton, 210
answer to petition of, 236
land granted to, 341
commissioner for Portsmouth, 348
James, 276
Captain, 286, 328
Mr., 283
two barrels of powder loaned to, . . .147
Penn, Pen, James, 18, 284
Penniman, James, 445
Perkins, William, 118
Pesbeth, Thomas, 276
Pester, Dorothy, allowed to marry, 89
William, 89
Petapawag, Groton formerly so called, . . . 235 Petitions, order concerning time of entry of, in
the General Court, 183
Petitioners in behalf of Robert Pike, to be ex- amined by commissioners, . . . .194 Pequot River, letter to Connecticut concerning
title to lands east of, 315
Phelps, Hannah, 410
Nicholas, 349, 367, 396
Phillips, John, 358
petition of, concerning confirmation of
land title, 422
William, .... 21, 90, 187, 241, 309, 349
to be paid by Treasurer, 9
gratuity paid to servants of, 21
his claim to be paid, 52
forty shillings paid to servants of, . . . 56 Samuel, of Rowley, William Hubbard,
Sen., authorized to marry, .... 72 Lieutenant, authorized to collect wine du- ties, 218
petition of, concerning wine duty, . . 284 and others, petition of, concerning wine
duty, 329
return of committee on petition of, . . 435 Mr. [William], servants of, paid for attend- ance on Court, 149
Zachary, petition for share in estate of William Skipper, deceased, .... 34
Mr., 393, 425
Phippeny, Benjamin, 401, 402
GENERAL INDEX.
49!>
Pickard, John, 139
Pike, John, Heutenant at Newbury, .... 47
deputy, 286,321
Robert, . . 73, 96, 118, 134, 175, 340, 403, 440 commi.ssioner for Norfolk Court, ... 18
fined, &c., 156
petition of Hampton, &c., in behalf of, . 194 petitioners in behalf of, bound over for
trial, 215
discharged by payment of fine, on peti- tion of Rev. Mr. Worcester, . . . .313
deputy, 321, 364
appointed to marry at Salisbury, . . . 382
Planter, the ship, 44, 97, 137
Plomer, Joseph, 215
Plymouth, 110,381
customs on goods from, through Massachu- setts, abolished conditionally, ... 11 commissioners sent to, concerning Shaw-
amet, 15
cession of Shawamet by, to Massachusetts, 17
Shawamet reassigned to, 34
satisfaction demanded of, for affront to our
commissioner for United Colonies, . Ill commissioners appointed concerning boun- daries of Conihasset meadows, be- tween Massachusetts and, .... 230 commissioners from, and committee of the General Court, to lay out Conihasset
meadows, 285
settlement with, concerning Conihasset
meadows, 294
Pococke, John, 268
to be paid by the Treasurer, 66
Mr., order for payment of, 74
Police regulations, see Constable's watches.
Poll tax not to exceed twenty pence, . . . .155
Pomfret, William, 201
authorized to marry at Dover, 188
Pompassenoway, alias Old William, land grant- ed by, to John Endicott, Jun., . . . 427 Ponds Farm, the, formerly belonging to John
Humphrey, bounds of, 95
Pooly, Richard, 235
Poor, laws concerning settlement and main- tenance of, 3*55
Pope, William, 32
Pork, inspection of, see Inspection, packing of, see Beef.
Porter, Abel, 312
Grace, petition for sale of lands, .... 232 order authorizing sale by, suspended, . 248 final order concerning sale by, .... 264 Porters in Boston and Charlestown, selectmen
to lix wages of, 222
Portsmouth, 147, 348, 350
Portsmouth, deputies of, . .120, 182, 321, 417, 449 order concerning County Courts at, . . . 132
answer to petition of, 147
and Hampton, dispute as to line referred to
a committee, 211
petition of, concerning settlement of min- ister, &c., 297
inhabitants of, to train under Captain Brian
Pendleton, 329
order concerning military trainings at, . . 338 committee appointed on petition of inhab- itants of, 425
Powell, Mr., new church in Boston, advised
not to settle, 113
answer to petition of new church in Boston
concerning settlement of, 177
Power, Nicholas, 332
Powning, Henry, and others, land at Stony
River granted to, 423
Preachers to be approved by elders of neigh- boring churches, &c., 122
to be approved, ic, 328
Preaching, public, unlicensed, law forbidding, repealed ; heretical teachers to be
questioned, &c., 151
Preble, Abraham, 129, 131, 214, 233, 261, 361, 380, 398 appointed to lay out Major William Haw- thorne's land, 420
Prence, Thomas, 17, 167, 169, 172
Prentice, Thomas, 335, 340, 344
assignee of Stephen Day, land located for, 334
Prescott, John, 139, 307, 342, 372, 398
answer to his petition concerning Nasha-
way and the support of a minister there, 22
Price, Walter, 374
Printer, Stephen Day, three hundred acres of
land granted to, 236
three hundred acres of land granted to, for
damage in setting up printing press, . 306 Printing the laws, secretary to superintend, . 182
See Laws. Prison, committee appointed on repairs of, . . 34 Court refuses to pay or make keeper pay
for escape of a debtor, 65
fence to be erected around the, .... 390
to be built at Ipswich, 85
in York county, committee appointed in
each town to build, 214
keeper at liberty to release prisoners on
bail as marshal mi^ht do 208
committee appointed to procure a keeper, .218 William Salter appointed keeper of, . . 220 keeper, to be paid for fees due from Qua- kers, 440
keeper's house, committee appointed to re- pair, on petition of JNlunnings, ... 9
)00
GENERAL INDEX.
Prison house, commissioners appointed to re- pair, 51
commissioners allowed interest for ad- vances, 51
Prisoners released on giving bail, 189
prize men detained as, their case deferred
till advice from England, 196
released on giving bail, 196
Profanity; penalty for swearing more than one
oath, 19
Prophet Samuel, the ship, of Amsterdam, . . 229
Providence, 14, 17
letter sent to R. Williams and others at, commanding them not to molest Ar- nold and others at Shawamet, ... 46 remonstrance by the General Court con- cerning rescue of Chasmore by inhab- itants of, 300
Provisions not to be sold to Dutch or French, . 120 as wheat, beef, &c.. not to be imported, . 246
Public notary, Nathaniel Souther, 118
Pullin, John, answer to petitioii of, 8
Pumhom to be paid costs by Ninnicrot, ... 95 and Socanonocho, inhabitants of Provi- dence, &c., forbidden to molest, . 14, 15 letter sent, by William Arnold ; cession of jurisdiction of, to Massachusetts, see Plymouth.
Punquapogue, 334
Purchase, Oliver, deputy, 449
Thomas, Eleazar Way plaintiff against, . 334 Pynchon, Pinchon, John, 135, 136, 213, 214, 227,
271, 374, 379, 424
deputy, 364
commissioner for Springfield, . . . 115,379
lieutenant at Springfield, 135
confirmed as captain at Springfield, . . 314 one thousand acres of land granted to, . . 402
William, 48
chosen Assistant, 1
orders concerning book written by, &c., to be answered, and he summoned
to trial, 29, 30
dissenting deputies in case of, not al- lowed to record their reasons, ... 30 John Norton is desired to answer the
book of, 30
acknowledgment of, as to part of the er- rors of his book, 48
at liberty to return home, to appear next
Court, 49
sentence suspended, 72
answer to his book by Norton to be
printed, 72
licensed fur trader, 354
Captain, 368
Quaboag Pond, land near, granted to inhabit- ants of Ipswich, 421
Quaker, 391
Quakers, 279, 308, 321, 345, 348, 349, 366, 383—
390, 406. 419, 432
order concerning, 277
order concerning persons who have enter- tained, 390
in prison to be released, on condition of
sailing to England, or departure, &c., 433 prison keeper to be paid for fees due from, 440 Court's defence of treatment of. to King
Charles, 451
Quamhiggin Eiver, 177
Quampscott, committee's return concerning
division of lands at, 265
See Swampscott, or Squarapscott.
Quinsey, Edmund, 445
Raines, Francis, 129
Rainsford, Edward, 312
Ram Island granted to George Carr, .... 248 Rashleigh, Susanna, petition for sale of estate, 69
Rawlings, James, 407
Rawson, Edward, 15, 35, 45, 85, 116, 146, 148, 157, 173, 180, 195, 294, 302, 312, 313, 335, 341, 357, 448. secretary, 1, 37, 77. 119, 181, 221, 254, 285, 320,
364, 416 recorder or register for Suffolk, .... 68 executor of the will of Bozoon Allen, . . 116 two hundred acres of land granted to, on
Cocheco River, 211
location of grant to, approved, 301
two hundred acres of land granted to, . . 304
land located for, 333
commissioner for Boston, .... 353, 410 secretary, salary raised to sixty pounds, . 391 two hundred and fifty acres land granted to, 441
Read, Reade, Esdras, 37, 42, 237
Reading, 90, 96, 178, 201, 382
deputies of, .... 2, 37, 77, 120, 321, 449 granted enlargement of territory, .... 66 and Winnisimmet, highway to be built by
Reading and Maiden, 92
and Andover, highway between, to be laid
out, 146
to Winnisimmet, report of committee on
highway from, 176
and Andover highway, 1 78
cavalry corps to be raised by, &c., . . . 341
Redding, Thomas, 1G2, 251
Record of births, deaths, and marriages to be
kept, 290
of deeds, &c., see Conveyances.
Recorder, fees of, established, 287
Records, penalty for defacing, 79
GENERAL INDEX.
501
Records, old book of, to be transcribed by the
secretary, 180
Beeves, John, 199
and Lodowick Muggleton, penahy for
keeping their books, 199
and Lodowick Muggleton, books of, to be
burned, 204
Registration of births, marriages, and deaths by
clerks of the writs, 290
Registry of conveyances to be in the county
where the lands are, 22
Rehoboth and Dedham, bridge between, . . 98
Remech, Christian, 124
Renolls, William, 164
Residents to take oaths of fidelity, 79
Revenue from wine licenses. Treasurer to gath- er, 34
committee appointed to compound for, . . 34 on wines, see Wines. Reyner, Mr., commended to the new church in
Boston, 210
Rhode Island, 14, 15
is desired to use no authority over Shaw-
amet, 34
Rice, Edmund, . . . ..5.3,174,313,333,339,371
deputy, 77, 120, 182
land granted to, 112
assignee of Captain William Jeannison, new committee appointed to locate
grant of land to, 148
return of commissioners to lay out land of, 176 committee appointed on petition of, . . . 248
land granted to, &c., 369
farm of, laid out, 400
Henry, 198
Robert, 113
Rich, Mr., 236
Richards, Edward, 243
John, 374, 395
Richardson, Richison, Amos, . .148, 281, 350, 404
James, 441
Richmond's Island, 338
Riddan, Thaddeus, 156
agent for Richard Leader, 138
Rider. Elizabeth, petition for sale of real estate, 240
Ridgway, Ridgeway, John, 211
and Mr. Jordan, order concerning case
between, 230
Rimington, John, 188
Lieutenant, 192
Rishworth, Rushworth, Edward, 129, 188, 208, 240^ 261, 360, 361, 380, 398, 421 deputy, . . .120, 182, 222, 255, 321, 365, 417 recorder and clerk of the vfrits at York, . 130 commissioner of York County Court, . .131 associate for York County Court, ... 132
Rishworth, Edward, e.vcused from attendance, 237 Robbins, Thomas, to be tried for entertaining
escaped prize prisoners, 192
Robbinson, Mrs., 396
Robinson, William, 383 — 390
Rock, Joseph, petition concerning fine for non- acceptance of constable's olRce, . .138
Rodgers, John, 351
Thomas, 232
Rogers, Ezekiel, 280
John, deputy, 364
Nathaniel, heirs of, and Mrs. Foote, case
between, concerning dower, .... 352
Thomas, I(j2
William, 129
Roote, Thomas, 373
Roper, Henry, petitioner against Thomas
Browne, 46
Rosse, James, answer to petition of, ... . 244
Rowley, 165, 225, 249, 440
deputies of, 2, 37, 77, 120, 182, 221, 255, 286, , 321, 365, 416, 449
grant to, 96
highway to Andover, 103
committee appointed to locate the grant
to . 134
highway, 138
and Newbury bounds, petition concerning
perambulation of, 191
and Newbury boundaries, return concern- ing, 263
Ro.xbury, 3, 19, 64, 138, 183, 225
deputies of, 2, 37, 77, 120, 181, 221, 255, 286,
320, 364, 416, 449
military officers at; 373
remnant of former grant of land to be lo- cated, 314
highway to Boston farms laid out, . . . 327 granted five hundred acres of land in aid
of a free school, 438
Rucke, Thomas, 340
and James Wall, case between, .... 271
Ruddock, John, 53, 244
his account to be audited and paid, . . . 191 Rugles, John, deputy, .... 320, 416, 449
Rumly Marsh, 341
Rurany Marsh, 69, 341, 392
Russell, Richard, 34, 51, 86, 112, 135, 141, 144, 157,
160, 188, 196, 225, 228, 247, 286, 291, 304,
320, 353, 355, 369, 378, 381, 395, 406, 410,
423, 424, 428, 434, 439, 441, 4-12, 448.
deputy, . . ' . 2, 37, 77, 120, 181, 221, 286, 320
Treasurer, 1, 37, 77, 119, 181, 221, 254,285,
320, 364, 416
chosen speaker, 182, 222, 255, 321
chosen A.ssistant, ....... 364, 416
502
GENERAI. INDEX.
Russell, Richard, grant of money to, for ser- vices, 35
twenty pounds allowed to, for loss on law
books, 50
satisfaction promised to, for money ad- vanced, 119
commissioner at Charlestown, 249
appointed special commissioner, .... 288 on committee in relation to fur trade, . . 291 five hundred acres of land granted to, . . 304
land located to, 333
granted power of a magistrate in Salem, . 348
land laid out for, 370
sixteen hundred acres of land laid out for, 398 to keep the County Court at Hampton, . . 406
William, petition of, 369
Mr., 249, 398, 404
Rutherford, Mr., 187
Sabbath, see Lord's day.
Saco, . 157, 160, 161, 175, 214, 233, 305, 375, 405
deputies of, 365, 417
authority of Massachusetts established at ;
made a town, &c., 161 — 164
petition concerning prison, &c., .... 214 inhabitants of, to aid in arrest of John
Boniton, 264
conimittee to survey boundaries of, . . . 375 and Scarborough and Falmouth, linos be- tween, to be surveyed, 380
and Scarborough, line settled, 399
River, settlement on, by inhabitants of
Newbury, &c., 421
return of committee as to boundaries of,
&c., 435
Sadler, Abiel, 208
Anthony, 208
Sagamore George, order concerning lands of,
in Rumney Marsh, 68, 69
Sailors, to be arrested at suit of wine sellers
for debt for intoxicating liquors, . . 2 Salary of Governor, one hundred marks, 4, 46, 88, 89
one hundred pounds, 147
fixed at one hundred and twenty pounds, . 154
of secretary, forty pounds, 63
forty-five pounds, 154
raised to sixty pounds per annum, . . 391 of magistrates, thirty-five pounds per an- num, 204
of prison keeper, to be twenty pounds per
annum, 218, 220
Salem, . . 87, 95, 105, 198, 225, 311, 348, 369, 377 deputies of, 2, 37, 77, 119, 181, 221, 255, 286, 320, 364, 416,449 Mr. Gafford, or inhabitants of. not to pay
for muskets borrowed and lost, ... 73 granted half barrel of powder, . . . .108
Salem, one hundred pounds granted towards
fortification of, 149
petition of Topsfield concerning bounda- ries of, 351
magistrate's power in, granted to William
Hawthorne, 375
petition of inhabitants of north part of, to
be a separate town, 376
Major Hawthorne magistrate for, .... 420 petition of, for islands, not granted, . . .421 Baker's Island, &c., granted to, &c., . . 437 Salisbury, 194, 215, 249, 313, 342, 343, 374, 382, 428 deputies of, 2, 37, 77, 120, 181, 221, 255, 286, 321, 364, 416, 449 and Haverhill, bounds to be laid out, . . 5 order concerning adjournment of Court at, 144 judgment of the Court in the case of
Christopher Batt, against, 174
committee to decide concerning land
granted to, 191
petition of, concerning claim affecting
Hampton, 210
petition of, concerning Carr's bridge, . .231 and Hampton line, committee to fi.x dis- puted line, 248
and Hampton, committee on dispute be- tween, 26i
and Hampton line, new committee ap- pointed on, 282
committee appointed on petition of, con- cerning boundaries, 292
church, 309
and Hampton line, final settlement of, . . 316 order concerning establishment of new
town at, 341
order concerning public worship at, . . . 351 new town, petition of inhabitants of, &c., . 378
answer to petition of, 393
new town, John Peasely forbidden to
preach at, 390
to pay stated salary to Rev. Mr. Worcester, 427 new town, petition in relation to settlement
of Rev. Mr. Dummer, 429
petition of, for land adjoining Hampton, . 440
Sallowes, Thomas, 404
Salmon Brook, 437
Salt, patent for making, 91, 259
committee appointed for procuring supply
of, 224
to be measured, 367
Salter, William, appointed prison keeper, . . 220 answer to petition of, concerning repairs of
prison, 427
Saltoiistall, Sir Richard, 11,398
Richard, commissioner on Harvard Col- lege, 362
GENERAL INDEX.
503
Saltonstall, Richard, and Henry Ashurst, substi- tutes for commissioner to England, 455, 456
Robert, 44, 398
grant of land (to his father) allowed to
be located for, 1 1
Samborne, John, 67, 215
Samuel, John, answer to petition of, ... . 283
Saucer, Benjamin, 213
Sauier, Thomas, 139
Saunders, Edward, 212, 235
John 158, 161, 211, 380
deputy, 181
Mr., 51
Savage, Thomas, 86, 106, 188, 202, 204, 231, 286,
373, 374, 396, 400, 425, 436, 438, 447, 448
deputy, . . . 181, 221, 255, 286, 364. 416, 449
chosen speaker, 365, 417
John GifTord plaintiff against, 331
land granted to, &c., 375
commissioner for Boston, . 115, 313, 353, 410
Captain, 247, 253, 281, 319
Sayers, John, 132
Scadlocke, William, 162, 398, 426
clerk of the writs at Saco, 163
Scarborough, 350
deputies of, 365, 417
established as a town, &c., formerly Black
Point, &c., 359—361
and Saco line, committee to survey, . . 375
limits of, 380
lines towards Saco and Falmouth settled, 399 Schools, teachers in, not to be unsound in faith,
&c., 183
Scituate, 56
Scotchmen, to be enlisted, 86
petition of, 232
Scott; Mary, 410
Scottow, Joshua, 99
Ensign, 146
Scriptures, Holy, penalty for denying inspira- tion of, 78
Seaberry, John, ... 64
Seal of the colony, fees of the Governor for
afB.xing, &c., 58
Search warrant in cases of theft, 82
Secretary, order concerning duty of, in sending
bills to the House of Deputies, ... 3
form of oath for, 16
to transcribe laws for the towns, . . .22, 23
granted forty pounds salary, 63
and clerk of the House of Deputies to re- cord letters, &e., 63
to write to Gloucester respecting .salt works, 91 to prepare military commissions, &c., . .107
to be paid for e.xtra .services, 146
to transcribe the old book of records, . .180
Secretary, to superintend printing, &c., . . . 182
to give list of fines to auditor, 185
ten pounds to be paid to, for loss on corn, 282 salary of, raised to sixty pounds, . . . . 391 Secretary's salary, see Salaries. Sedgwick, Sedjuke, Robert, 89, 107, 154, 193, 195,
213
Major General, 77
and others, former farmers of wine duty, their bonds returned to them, . . .112
Major, 107
Seely, Richard, 136
Selectman, officer named by the General Court, 134 Selectmen of towns, authorized to regulate
fences, 153
to apportion spinning, &c., among the sev- eral families ; to direct pasturage of
sheep, &c., 256
to direct constables' watches, 293
Sellecke, David, fine remitted, 117
deceased, administrator of, authorized to
sell house, &c., of, 305
Servants, fugitive, to be arrested by constables, 32G paid for attendance on the Court, . . .180
Sevens, John, 279
Sewall's field, 139
Shapleigh, Shapleygh, Nicholas, 73, 124, 136, 261, 292, 341, 360, 361, 374, 380, 398, 420 allowed to return to Massachusetts for one
year to settle affairs, 114
appointed to settle accounts in York county, 126
certain privileges granted to. 126
associate for York County Court 132
and Robert Knight, judgment of inferior
Court in case between, reversed. . .138
Treasurer of York county, 165
vs. Hugh Gunnison, 189
Captain, 273, 316
Shattocke, Samuel, 349, 367
Shaw, Shawe, John, 282,312
referred to County Court, 314
Roger, 44, 49, 201
deputy, 37, 77, 120
authorized to levy eight pounds on in- habitants of Hampton for powder, . . 63
to be paid by Hampton, 92
authorized to sue constable of Hampton for money advanced for Hampton, . .117 Shavvomet, Shawamett, Shawoamett, . . . 14, 15 and Pawtuxet, commissioners sent to
Plymouth concerning, 15
ceded to Massachusetts, 17
accounted part of Sufliblk county, ... 19
reassigned to Plymouth, 34
and Patuxet, inhabitants protected against claims of Providence, 46
504
GENERAL INDEX.
Shawshin and Cambridge, settlement between,
as to land titles, taxes, &c., .... 238 town of Billerica established on petition of
inhabitants of, 237
Sheafe, Jacob, 331
Ml'., vs. Jcshua Hues, administrator, . . . 281 Sheep, order concerning washing of, and care
of wool, 121
law concerning, 198
raising of, encouraged, 256
law restraining the killing of rams, &c.,
repealed, 292
ewe, valuation of, for taxation, 367
Sheires, Jeremiah, 124
Shelden, Sheldon, Mr., vs. Joshua Hues, ad- ministrator, 281
vs. administrator of Jo.shua Foote, . . .311
Shephard, Shepheanl, John, land granted to, . 443
Margaret, 43
Ralph, 236
_Eev. Mr. Thomas, 65
pastor of Cambridge, deceased, liberty to
executors of, to sell land, 11
deceased, order concerning sale of es- tate of, 43
Sherborne, Henry, 198
associate in Court at Strawberry Bank, . . 69
associate, 115
administrator on estate of Ambrose Gib- bons, 298
commissioner for Portsmouth, 348
deputy, 417
Sherman, Shearman, John, 42, 53, 134, 176, 217,
227, 228, 232, 243, 273, 275, 296, 308, 350, 372.
deputy, 37, 120
petition for release of forfeiture on bond, . 8 and Jonathan Ince, surveyors under Wil- lard and Johnson of the northern boun- dary line, 109
Samuel, order concerning estats of, . . . 92
Ensign. 412
his case to be determined at Cliarlcstown
Court, 376
Sergeant, 112, 117, 148, 178
Mr., 280
Shillings, 104
See Mint.
Shore, Shoare, Sampson, 10
and Thomas Dier, judgment in case be- tween, 436
Short, Henry, 191, 209, 341
attorney for Stephen Dunimer, .... 10 Slirewsbury, portion of land for inhabitants of,
at Quampscott, 266
Shrinipton, Henry, 175, 262
Silver, see Coin.
Silver, coining of, see Mint.
Simes, Zachary, 383
Simmes, William, 431
Simons, John, 89
See Syms.
Simson, Susan, 189
Skinner, Tliomas, innkeeper at Maiden, ... 89
Skipper, Mary, 34
order for settlement of estate of, by Messrs.
Cotton and Cobbett, 34
Skittery Gussett, an Indian sagamore, . . . 422 Slate Island granted to William Torrey, ... 33
Smale, Francis, . " 358, 422
Smith, Daniel, 232
has liberty to show cause why Grace Por- ter .should not sell real estate, . . . 248 decision as to Grace Porter, on petition of, 264
Francis, 376
George, associate at Dover Court, ... 95
Henry, 214
deputy, 37
appointed magistrate with full powers at
Springfield, 49
excused further attendance at Court, . 49 deputy from Springfield, excused, . . 72 Hugh, executor of Thomas Elthrop, de- ceased, 193
John, 176, 177, 276
of Dorchester, quartermaster of Suffolk
cavalry, 107
of Saco, 163
of Charlestown, petition of, 262
of Charlestown, petition for confirmation
of sale of land, 407
Lawrence, referred to the county Court, . 190
Margaret, 410, 433
Nathaniel, deceased, Nathaniel Edwards
executor, 71, 72
Richard, 375
vs. Benjamin Muzzey, 355
Mr., chosen captain at Springfield, . . . 135
Socanonocho, 14, 15
Somersby, Anthonj', 341
Sommer, William, 446
Southen, George, 333
Souther, Nathaniel, notary puljic, . . . . 118
Southern line of the patent, committee appointed
to survey, 424
Souther Town established as a town on petition
of inhabitants of Mystic, &c., . . . 353 boundaries fixed, officers appointed, &c., . 353
Southwick, Cassandra, 349, 366
Daniel, 366
Josiah, 367
Lawrence, 349, 366
GENERAL INDEX.
505
Soulhwicke, Provided, 3G6, 410
Spaldeii, Edward, 237
Sparauhawke, Sparauhauke, Nathaniel, ... 9 of Cambridge, deceased order concerning
eslate of, 9
Speaker ciiosen, 449
Specie, see Coin.
Spencer, Roger, 435
Tliomas, 124, 407
Spinning. &c., under control of selectmen, . . 256
Spinny, Thomas. 124
Spirituous liquors, duties imposed on, except
from England, . . _ 152
retail duties granted to the marshal, . . .153
Sprague, Sprage, John, 177, 236
Richard, 380
deputy, 364, 416, 449
Springfield, .... 227, 332, 335, 374, 380, 406 deputies of, .... 2, 37, 77, 120, 255, 416 Henry Smith appointed to govern at ; to try
causes, &c., 49
allowed to choose a deputy, or not, as in- habitants decide, 67
John Pynchon, E. Holyoke, and Samuel
Chapman, commissioners to govern, . 115
commissioners' oath, 115
Court, commission for, renewed, . . . .180 commissioners authorized to administer
oath to freemen at, 135
a gun loaned to, 135
military officers confirmed, 135
petition of inhabitants concerning settle- ment at Nonotuck, 136
commission to former commissioners con- tinued, 213
and Northampton to be assessed by con- stables, 259
military officers of, confirmed, 314
order concerning Courts for, including
Northampton, 378
commissioners to have power of County
Court at, 379
military affairs at, 379
commissioners of, to administer oath to
freemen, 406
Courts at, 420
prison or house of correction to be built at, 434 commissioners of, granted certain powers, 434
Spurrell, Christopher, ... 164
Spurwincke, 359
Stacy, Richard, answer to petition of, . . . . 425
Staines, Richard, 114
Stainton, Thomas, 315
Stamford, Thomas, 358
Standfast, Captain Barnaby, Thomas Young
plaintiff against, order concerning trial, 21 VOL. IV. — PART I. 64
Stanion, Anthony, 270
deputy, 182
order concerning forfeiture by, .... 210
iVlr., 245
Slarbucke, Edward, 240, 341, 377
Starr Island, 127
Starr, Comfort, 13
Thomas, surgeon, four hundred acres of land granted to widow and children
of, 355
Staunton, Thomas, 335, 353
Stebbin, Martin, 297
licensed victualler, Boston, 112
petition for license, 340
Stedman, John, licensed fur trader, .... 354
, 217
Sterne, John, 240
Sterne.s, John, petition for remission of fine, . 293 Stevens, Steevens, Stephens, John, . . . 191,209
William, 423, 427
deputy, 120
Sergeant, 342
Stephenson, Marmaduke, 383, 390
Stileman, Elias, 310, 348
petition for wine license referred to Salem
Court, 148
commissioner for Portsmouth, 348
Stiltson, William, 445
Stirke, George, 15
Stirt, Edward, 129
St. Maze, Monsieur, 71
Stocker, Thomas, 424
Stoddard, Anthony, . 9, 34, 331, 373, 423, 425, 434
deputy, 2, 364, 416, 449
on committee to repair the prison, ... 34 confirmation of house and land to, . . 51, 52 commissioner for Boston, . 62, 115, 313, 410 commissioner, &c., concerning arms, &c., . 422 five hundred acres of land granted to, . . 441
Mr., 216, 395
commissioner for Boston, 353
vs. Simon Bradstreet, 375
Stone, John, . . . 264, 354. 369, 376, 401, 405, 409
and others, petition of, 228
title to land confirmed ou the petition of,
&c., 263
of Sudbury, new committee appointed to
locate land for, 313
of Sudbury, land laid out for, 339
Simon, 398
Stone's Meadow. 95
Stony River, land at, granted to Henry Pown-
ing and others, 423
Stoughton, Elizabeth, widow, petition concern- ing sale of real estate. 15
petition concerning bridge at Neponset, . 192
506
GENERAL IJSIDEX.
Stoughton, Israel, deceased, land given to Har- vard College by, to be laid out, ... 12
Captain, 231
Stover, Silvester, 129
Strangers, authorized to enter actions in any
Court, 20
above si.xteen years old, to give account to
Governor, 23, 21
laws concerning entertainment of, without
leave, to be enforced, 23
order renewed concerning registration and
entertainment of, 63
Strawberry Bank, 42.5
granted increase of territory, 69
associates in Court at, 69
petition for increase of territory of, ... 90 authorized to send a deputy to the General
Court, 108
answer to petition of, 115
answer to petition of, concerning civil and
military officers, 147
Sumner, William, deputy, 320
Sudbury, 198, 225, 307, 317, 329, 369, 376, 382. 409,
428
deputies of, .... 2, 37, 77, 120, 182, 449
petition granted ; boundaries recorded, . 9 and Watertown, bounds between, to be
laid out, 32
report of committee settling bounds of, 53, 54 return of Simon Willard concerning en- largement of, 74
book of registry of lands, &c., to be deliv- ered to the recorder of Middlesex, . 90 special committee to settle differences at, 228 territory granted to, for a new plantation, . 264 return of committee concerning dispute at, 274 charges of committee of the General Court,
&c., at, to be paid, 284
Suffolk county, ... 5, 201, 247. 280, 354, 390
Shawwaraett and Patu.xit annexed to, . . 19
law concerning associates in, postponed, . 38
order concerning choice of jurors in, . . 60
Court, postponed, 72
military ollicers, 107
officers of the troop of horse in, , . . . 107 cavalry, new election of officers ordered
in, 85
regiment, choice of sergeant major de- ferred, 85
order concerning choice of major of, . 149
choice of major for, 229
to pay part of repairs of prison. .... 427
Suicides, law concerning, 432
Sumpner, Katherine, 262
Sumptuary laws, order against excess in ap- parel, 60
Surveyor of arms, &c., 146
Sutton, Richard, 340
Swearing, 19
Swainc, Swayne, Richard, petition concerning attachment of lands in Hampton by
Colcord and Sanborn, 67
referred to a County Court, 267
lined for entertaining Quakers, .... 407
William, 67
Swampscott, petition of Captain Thomas Wig- gin, for division of patent of, ... 135 committee on division of lands at, . . . 249
Swett, Benjamin, 215
approved as ensign at Newbury, .... 67 Swine, damages by. through approved fences,
actionable, 58
regulation of, &c., 322
late law concerning, repealed, .... 107
Symonds, Syraons, Simons, John, 124
Samuel, 34,42, 109, 122—131, 141, 144, 182, 196, 206, 217, 245, 252 277, 330, 360, 361, 448. Assistant, 1, 36. 76, 119, 181, 221, 254, 285,
320, 364, 416 to keep the County Courts in Norfolk, . 44 three hundred acres of land granted to, 65 five hundred acres of land granted to, . 180 commissioners appointed to locate land
to, .192
associate in York County Court, . . . 224 to hold Norfolk County Court, .... 232 answer to petition of, concerning location
of grant, 303
location of grant to, near Dover, . . . 330
commissioner, 338
committee appointed to locate grant for, 350 is desired to locate land elsewhere than
on Connecticut River, 380
land located for, 395
an island in Casco Bay granted to, . . 406
land granted to, 420
Syms, Mr., 280
See Simmes. Synod, to meet at Boston on request of the Gen- eral Court of Connecticut, .... 280 Tahanto, sagamore, grant by, to William Hil- ton, 430
Ta.x, twenty-five per cent, additional levied, . 205 Taxes, officers, &c., of Harvard College free
from, (in part,) 14
produce received for, at rates fixed, ... 26
not payable in wampum, 36
order concerning assessment of. on mer- chants and shopkeepers, . . . . 37, 38
to be increased fifty per cent., 38
corn, &c., received at stated prices for, . 63
GENERAL INDEX.
507
Taxes, price of corn, &c., for, 106
on horses, 121
to be double the usual rate, 122
levied recently, returned, and impressed
soldiers released, 122
to be twenty pence on each poll, .... 155 corn, &c., received for, at stated prices, . 205
price of corn for, reduced, 220
twenty-iive per cent, additional levied ; to
be paid in produce at stated prices, . 245 constables to settle their accounts of, in
May, annually, 247
persons removing not to pay in corn, . . 253 corn, &c., received at stated prices, . . . 279 law for more equal assessment of, . . . 288 increased twelve and a half per cent., . .281
constables to collect, 308
com received for, at stated prices, . . . 309 for church purposes, decision as to power of towns to bind all inhabitants to
pay 310,311
twentv-five per cent, additional, levied, . 318 corn, &c., received at stated prices, . . . 348 advanced twenty-five per cent., . . . .410
prices of corn, &c., for, 434
county, see County expenses.
Taylor, George, 358
Tearne, Tearnes, Miles, authorized to make
drumheads for public use, .... 149 and wife, petition concerning land of Rob- ert Rice, deceased, 113
Temple. Colonel Thomas, to be loaned three
hundred pounds of shot, 342
governor of Acady and Nova Scotia, . . 355
Testimony, to be presented in Court in writing, 27
order concerning fair writing out of, &c., . 8.5
Thanksgiving appointed, 1654, 199
appointed November 5, 1656, 279
appointed December 8, 1659, 382
Thatcher, Mr., 280
Thaver, Richard, 342
Thing, Jonathan, 158,161,214,233
constable of Wells, 158
Thirston, Daniel, Jun., 215
Thomas, Evan, 133,214,330
surety for John Gilford, &c., . . . 242, 243
damages allowed to, &c., 439
wine license, 439
Rise, 124
Thompson, Tompson, Ann, late wife of Simon Cro.sby, decea.sed, petition concerning
his estate, 65
John, 398
attached, at the suit of Dorchester, to attend trial concerning Thompson's Island, 21
Thompson, John, judgment rendered for,
against the inhabitants of Dorchester, 33
William, 315
petition concerning fine for proposing marriage to Sarah Coggan without
leave of her friends, 147
Thompson's Island, 397
Winnuequassum, an Indian, allowed to
bring suit for, 209
Thorley, Richard, 139
Thorpe, Mr., 426
Tibbett, Walter, deceased, will of, admitted to
probate, 118
Till, Peter, 312
Tilley, Mrs., answer of Court to petition for
pardon of, 24
Timber, see Common.
Tincker, John, 235
fined for selling strong water to Indians, . 251
commissioned to marry, 336
licensed fur trader, 354
committee appointed on petition of, . . . 397
Tinney, John, 358
Titcombe, William, deputy, 221, 255
Topp, Mary, 129
Toppan, Abraham, petition of, concerning es- tate of Elizabeth Goodale, .... 92
Topsfield, established as a town, 33
petition concerning bounds of, .... 351
Torrey, William 230, 294
Slate Island granted to, 33
clerk of the writs at Weymouth, .... 34 Captain, appointed special commissioner for Hingham, Weymouth, and Nan-
tasket, ' 288
appointed to marry at Weymouth, , . 383
Slate Island granted to, 407
Tonne, William, -260
Town elections changed to second week in
March, 101
offices, sealer of weights not necessarily
to be a selectman, 134
affairs, duties of freemen in, 335
officers, qualifications for, duties of select- men, &c., 335
right to land under a stated case, .... 368 Towns, order concerning providing powder,
&c.; by, sent by secretary, .... 6 persons removing from, not entitled to any
share in the powder, &c., provided by, 35 having great guns, to provide carriages,
&c., 105
having thirty freemen or less, to send dep- uties or not to the General Court, as they choose ; towns sending to bear the charges of their deputies, . . . 154
508
GENERAL INDEX.
Towns, ordnance in, to be mounted, .... 222 authorized to furnish houses for ministers, 351 order concerning settlement of paupers in, 365 Trade, committee appointed on the improve- ment of, So
committee appointed for improvement of, . 246 Trask, Captain William, four hundred acres of
land granted to, 355
Traske, Margaret, 433
Mary, 410
Treasurer, Richard Russell, 1, 37, 77, 119, 181, 254,
285, 320, 364, 416 his account, committee appointed to exam- ine, 6
his account settled, 35
and auditor's accounts, committee to take, 89 satisfaction to be given to, for money ad- vanced, 119
and auditor, annual accounts of, to be pub- lished, 152
to issue warrants for collection of fines, . 185
to receive wine duty, 260
to perform duties of auditor, 318
committee to audit account of, . . . .319 committee to take his account, .... 373 committee to audit account of, .... 425 Treasurer's account, settlement deferred, . .186 account, committee appointed on, . . 202
account, committee to audit, 260
Treasurers for counties to be chosen, . . . 185 to issue wanants for collection of fines, . 185 county, order concerning choice of, . . . 259 Trespass, order concerning suits for ; tender a
bar to costs, if trespa.ss was involuntary, 4 cattle committing, owners to be liable for, 290 See Actions at law.
Tristram, Trustrum, Ralph, 162
constable at Saco, 163
Trott, Simon, 164
Trumble, John, 272, 297
Trusler, Thomas, fine remitted, 32
Tucke, Robert, 341
Tucker, John, and wife, vs. John Otis and John
Mansfield, 337
Robert, 118
Tuisdale, John, Sen., 129
John, Jun., 129
Turbat, Peter, 164
Turner, Lawrence, 190
Robert, 90, 253, 329
to be paid charges of council at Ipswich, 240 to provide for the conference of minisler.s, 280
wine license renewed, 439
to be paid his claim, 441
Turner's Hill, 138
Twelves, Robert, 445
Tyng, Ting, Edward, 151, 291, 448
commissioner for Boston, . 62, 115, 313, 410 administrator of William Tyng, .... 215 two hundred and fifty acres of land grant- ed to, 397
land located for, 442
William, 42, 44, 47, 55, 99, 215
deputy, 2, 37
commissioner for Boston, 62
allowed payment for wood, 55
twenty shillings allowed to, for wood, . 55
commissioner for Boston, 115
deceased, petition concerning estate of, . 273 heirs of. plaintitTs vs. John Coggan, . 281
Captain, 297
Mr., 378
T}'pe, twenty pounds worth to be procured for
the Indian college, 336
Uncas, 299
See Narragansett.
Underwood, James, 190
United Colonies of New England, law requir- ing customs, &c., suspended, ... 11 proportion of e.xpenses of agent at London
to be required of, 18
horses, &c., to be impressed for use of com- missioners of, 18
commissioners authorized to appoint time
for their meetings, 19
committee appointed to frame instruclions
for commissioners of, 20, 44
conunissioners for, granted forty pounds
per annum for e.xpenses, 41
General Court approves of acts of commis- sioners of, for Massachusetts, . 110, 111 remonstrance against conduct of other col- onies, 110, 111
commissioners of, are desired to continue in Boston till return of messengers sent to the Dutch ; desired to send for commissioners for Connecticut and
New Haven, 140
answers of Court to questions propounded
by, 141
controversy concerning powers of commis- sioners of, especially to make offen- sive war, 141
declaration of the General Court as to con- tinuance of league, 144
order concerning division of powder of, . 148 declaration of the General Court as to offen- sive war sent to commissioners of, . .165
commissioners' answer, 166
replication, rejoinder, &c., . . . 167 — 173 letters sent to the confederated colonies by
the General Court, 173
GENERAL INDEX.
509
United Colonies, letter sent by the General
Court to each of, 196
reunion of; articles agreed on accepted
by the General Court at Hartford, . . 202 secretary to entertain commissioners of, at
their session, 303. 327
commissioners of, to place a share of ex- penses to account of Indians, . . . 324
Upham, (Jppam, John, HT, 236
Upshall, Dorothy, petition of, 337
Nicholas, 279, 337
Usher, Hezelciah, 21
Valuation of estates and property for ta.xation,
law concerning, 288
Venner, Thomas, 69
Verdict, unusual, in Suffolk County Court, or- der concerning, 145
Vernon, Francis, two hundred acres of land
granted to, 355
land located for, 399
Vines, Richard, 435
Vintners, see Winesellers.
Viol, John, 283
Virginia, trade with, forbidden, 40
Hopestill Coney, of Boston, sold there, to
be returned to Boston, .... 428. 429
Waddocke, Henry, 162
Wade, Jonathan, grant of four hundred acres
of land to be located for, 97
Wadley, Wadly, John, 158
selectman at Wells, 159
Robert, IsS
Waite, Gamaliel, 312
John, 70,236
Richard, 191
three hundred acres of land granted to, 332
land located for, 353
land laid out for, 370
to be paid e.xtra, &c., 403
appointed guard for the Governor, . . 440
, marshal, 217
Wake, William, petition for remission of fine, . 192
Wakefield, John, 158
Waldron, Walderne, Richard, .... 189, 266 deputy, . . . 182, 255, 286, 321, 365, 416, 449
associate at Dover Court, 95,133
e.xcused from attendance, 303
e.xcused from further attendance, . . . 334
Wales, Nathaniel, 436
Waley, Nathaniel, 358
Walgrave, Mr., 376
Walker, Augustine, deceased, petition of ad-
ministvators of, 272
Walker, Prince, 395
Richard, 9, 29, 146
deputy. 2, 449
Walker, Captain, 112,117
iVIr., 137
Wall, James, 271, 340
John, 66
petition of, concerning case against Henry Groom, executor of Nicliolas
Groom, deceased, 64
and Colcord's case, decision in, .... 350 Wallis, George, answer to petition of, . . . . 302
Walton, Henry, 10
Wampum, legal tender under forty shillings,
except for taxes, 36
Ward, Benjamin, 68
Mr., 7
Warden, William, 158, 160
Warner, John, petition concerning his sentence
of banishment, 93
Thomas, 164
five pounds allowed to, 251
and Richard Hitchcock, case between, . 245
acknowledgment of, 253
Warwick, 14, 15, 350
Watches, constables', time of setting regulated, 83 by constables, see Constables. See jMilitary affairs.
Waterman, Richard, 332
Watertown, 9, 75, 178, 183, 225, 350, 408, 409, 428 deputies of, 2, 37, 77, 120, 181, 221, 255, 286,
320, 364, 416, 449 and Sudbury, bounds between, to be laid
out, 32
and Sudbury, report of committee settling
bounds between, 53, 54
fine remitted, 47
and Concord boundaries settled, .... 54 granted two thousand acres of land, ... 54 special committee appointed to settle the
dispute at, 187
to maintain the child of Mary Davis, . . 262 Hugh Mason to solemnize marriages at, . 339 confirmation of Oldham's land to Dummer
by, 408
Waterworks Company incorporated in Boston. 99 Watton, John, deceased, Brian Pendleton ad- ministrator of, 210
Watts, Henry, 358
commissioner for Falmouth and Scarbor- ough Court. 360
Way, Eleazar, vs. Thomas Purchase, .... 334
Weare, Peter, deputy, 449
Webb, Henry, 188, 331
Samuel Archard and others, plaintiffs
against. 374
Webster, John, ' 341,362
special magistrate at NorwotUick, . . . 420 Weekes. Mr., 16
510
GENERAL INDEX.
Weights and measures, decision concerning
choice of sealer, 134
Weimouth, Robert, 124
Weld, Daniel, 52
schoojraaster, two hundred acres of land
granted to, 397
Captain Joseph, of Roxbury, deceased, order confirming sale by executors of,
to Anthony Stoddard, 51
Marah, 52
Sarah, 52
Captain, land granted to children of, . . 441 Wells, 157, 160, 161, 163, 175, 201, 214, 233, 305,
341, 374
deputy of, 182
establishment of authority of Massacliu-
selts at, 158
made a town, &c., 15!)
differences in the church at, settled. . .160 order concerning preaching at, ... . 1G3 expenses of commissioners to, paid, . . . 180 and York, committee appointed to run line
between, 340
and York, report of committee on line be- tween, 373
and Cape Porpus, return of committee on
boundary line of, 425
inhabitants to appear at York Court, . . . 426 church at, to procure a new minister, &c., 434
Wells, Mr., 187
Wenham, deputies of, . . . .2,37,77,120,182
Wentora, Edward, 129
West, John, commissioner and selectman at
Saco, 162, 163
Thomas, case of, referred to Salem Court, 293 Westland, Richard, land granted to. ... . 406
Weymouth, 183, 383
deputies of, 2, 37, 77, 120, 181, 221, 255, 286,
321, 364, 416, 449 William Torrey clerk of the writs at, . . 34 order concerning a whale taken at, . . . 191 acts of commissioners for, confirmed, . . 270
fine of constable abated, 299
Whale taken at Weymouth, order concerning
division of, 191
Whale, Philemon, 276
Wharton, Edward, 407, 421
Wheat, importation of, forbidden, 246
Wheeler, John, 32
Joseph, 307
Ensign, and Thomas Hincksman rewarded, 251
licensed fur trader, 354
and Thomas Hincksman, reward in- creased, 261
Wheelocke, Ralph, deputy, 120
Mr., appointed to marry at Medfield, . . 383
Wheelwright, Whelewright, Thomas, . . .129 commissioner and selectman at Wells, 159,
160 Mr., conduct, &c., approved by the General
Court, 187
Wheelwright's Creek, 266
Whichcott, Rebekah, widow of Matthew Crad-
ock, deceased, petition of, .... 31
Dr., and wife, petitioners, 297
Whipple, John, 263
deputy, 2, 37, 77, 120
Deacon, 249
Whipsufferage, Indian plantation established
at, 363
name changed to Marlborough, .... 424
White, John, 124, 158
sale of land to, by John Hull and wife, con- firmed, 190
Nicholas, 232, 358
answer to petition of, 260
Thomas, deputy, 286
Whiting, John, land granted to, 406
land located for, 442
Samuel, of Lynn, overseer of Harvard
College, 204
Mr., 280
Whitman, John, .191
Whitney, John, and others, petition of, . . . 228
Whittacre, Abraham, 374
vs. John Godfrey, 408
Wliittamore House, 177
Wica Pauge, 353
Wier, Peter, 129
Wife, see Husband and wife.
Wight, Henry, to be paid for services, . . . 354
Wiggin, Wiggins, Wigging, Captain Thomas, 97,
109, 122—131, 157, 188, 194, 200, 217, 245,
247, 266, 267, 348, 360, 361.
chosen Assistant, 1, 36, 76, 119, 181, 221, 254,
285, 320, 364, 416 commissioner for Norfolk Court, .... 18 to keep Norfolk County Courts, .... 44 to hold the Court at Strawberry Bank, . . 69
land granted to, 75
to hold Norfolk County Court, 94
to hold the Court at Dover, 95
associate for York County Court, . . . .132 petition concerning patent of Swampscot, 135
land granted to, 147
new committee appointed to lay out land
to, 177
associate in Norfolk Court, 180
land laid out to, 211
associate in York County Court, .... 224
to hold Norfolk County Court, 232
land granted to, 240
GENERAL INDEX.
511
Wiggin, Captain Thomas, his portion of kind at
Quampsoott, 267
surrender by, and grant of land to, . . . 207 apporiiti'd associate for Yorkshirp and
Dover Courts, 2fi8
estate of, to belong to Hampton, .... 293
commissioner, 338
land laid ont for, 377
justice of Yorkshire Court, 3S0
to keep the County Court at Hampton, . . 406
justice of Norfolk Court, 425
appointed to keep Norfolk County Courts, 430
Captain, 253, 277, 298
Wilcott, John, 215
Wilcoks, William, 73
Wild, William, 76
Will, original, lost, copy of, allowed, &c., . .118
Willard, Captain Simon, 18, 32, 43, 54, 74, 98, 112.
117, 134, 135, 137, 147, 148, 176, 187, 200,
217, 228, 237, 245, 247. 249, 269, 275, 277,
296, 302. 305, 313, 380, 409, 415, 428, 448.
deputy, . ' 2, 37, 77, 120, 181
Assistant, . 181, 221, 254, 285, 320, 364, 416
commissioner at Concord, 89
and Captain Edward Johnson, commis- sioners to survey northern boundary
line, 98
to be paid for services in finding the northern boundary of Massachusetts, 109 Major, commander of the forces against
Ninnigret, 206
recompen.sed for service in the Narra-
gansett e.vpedition, 217
licensed to sell estate of Francis Bar- ker, deceased, 253
five hundred acres of land granted to, . 304
land granted to, 337
and others, licensed fur traders, . . . 354
farm located for, 411
William.s, Arthur, commissioner, 372
George, 19*^
Nathaniel, 236, 436, 448
Roger, letter to, 46
Thomas, 162
commissioner and selectman at Saco, 162, 163 and Joseph Armitage, case between,
referred, 318
and Joseph Armitage, case between, . 343
Willis, Michael, m
Nicholas, deceased, 18
Willoughby, Mr. [Francis], 10, 21
chosen Assistant, 1, 36
Wills, probate of, in Suffolk, see Estates.
Wilson, Go wen, 124
John, one thousand acres of land to be laid
out to, 381
Wilson, John, Sen., 443
land to be laid out to, 402
land located for, 442
Wilson, Joseph, 145
Sarah, 24
widow, of Braintree, rs. Thomas Fa.von, 145
Mr., 25
Wincoll, John, 124, 372
deputy, 120, 182, 222, 320
vs. L. Jones, 343
Wine, Treasurer to gather duty on, .... 34
committee to compound for, 34
and liquors to be sold to Indians b}- per- sons specially licensed, 20]
duty, farmers of, discharged from agree- ment, 260
farmers of duty on, allowed abatement, . 327 duties, committee to agree vi'ith Francis
Norton concerning, 423
revenue on, to be farmed out, Ill
granted to Captain William Hawthorne, .111
impost of, settled, 323
and liquors, law concerning sale of, . . . 324 constables to aid in collection of duty, . . 325 Winesellers, petition to advance prices re- fused, 90
Winnapuscakit Lake, 109
Winnisimniet and Reading highway, .... 92 and Reading highway, report of commit- tee, 176
Winnuequassum, an Indian, allowed to bring an action to recover Thomson's Is- land, 209
AVinsly, Winsley, Samuel, 96, 118, 134, 157, 175,
177, 178, 194, 249
deputy, 120
petition concerning forfeited bond, ... 55 on committee to lay out the west end of
Hampten bounds, 118, 134
Winslow, Edward, agent for the country, . . 18 agent, &c., debts of, to be paid by Treas- urer, 20, 21
letter from, to be answered, . . 72, 196, 197 Winslow, Winslowe, Josiah, 17, 217—220, 241, 252,
294
Samuel, 73, 97, 247
and others, commissioners to lay out
Hampton line, 50
iMr., requested to pay Mr. Pococke, ... 75
Winter Harbor, 435
Winthrop, Adam, 9,95,118
owner of Governor's Island, 116
order for guardianship, &c., of, . . . .116 Henry Dunster, feoffee in trust for, . . .118
Deane, 148, 232
petitioner for establishment of Groton, . 235
512
GENERAL INDEX.
Winthrop, Deane, appointed selectman, . . . 235 one thousand acres of land granted to, . 282 committee appointed to locate land for, . 338
land located for, 357, 399
Elizabeth, 148
petition of, concerning the Governor's
Island, 116
John, deceased, two hundred pounds granted to Joshua, son of, to be re-
coriled, 35
grant to child of, renewed, 116
commissioners appointed to lay out the
farm granted to, 117
John, forty pounds granted to. for services
in England, 65
patent granted to, for making salt, , . 259 Joshua, two hundred pounds granted to, . 35
Samuel, petition of, 232
Stephen, 1-18
committee appointed in behalf oi, . . 9 bounds of the Ponds farm belonging to, 95
Mr., 444
committee appointed to lay out land
for, 404
Mrs., to be allowed eight per cent, on the
two hundred pounds granted to herson, 44
Winthrop's Plain, 138
Wiswall,Wisewall, John, 33, 98, 201, 202, 216, 436,
446, 448
John, deputy, 181,255,320
administrator, deed to Roger Clapp, . . 445 Thomas, and John Jackson, petition of, . 228
Deacon, 218
Witchcraft, 47, 96, 269
Court convened for trial of persons ac- cused of, 73
Withers, Thoma.s 124
associate in the County Court ^or Kittery, . 127
deputy, 255
Witherden, John, 68
vs. William Aspinwall, 66
Witt, John, 235
Witten, Michael, 358
Woburn, 96, 183, 382, 408
deputies of, 2, 37, 77, 120, 182, 222, 255, 286,
321, 365, 417, 449 petition of, concerning locating farms of
Winthrop and Dudley, 117
and Concord; inhabitants of, petition for a
new settlement on Merrimac River, . 136 Captain Edward Johnson authorized to
marry at, 188
dilTerences at, concerning land titles re- ferred anew to committee, .... 373 Wolves, &c., bounty of 1648 revived,. . . . 153 Wood, order concerning measuring of, . . . 222
Woodbridge, John, 178
Woodcock, JNIr., 215
Woodtly, Woodde, Woodey, John, . 9, 66, 98, 396 deceased, petition of Coggan and Parks.
executors, concerning estate of. . . . 133 order relating to estate of, .... 318
Mary, 66
executri.x of will of John Woodey, de- ceased, 9
petition of, concerning dower, .... 98 order concerning estate of her late hus- band, 112
Richard, Sen., 133. 313
Richard, 318
secretary, appointed to sue for balance
due, " 294
action against, in behalf of the colony, . 312 claim by mortgage on house of Mrs.
Coggan, 378
Woodhouse. Richard, 312
Woodman, Edward, 248, 425
deputy, 364, 416
commissioner at Newbury, 14
appointed to marry at Newbury, .... 382 and others, of Newbury, plantation granted
to, on Saco River, 402
land granted to, 440
Mr., 247, 249
Woodman's bridge, ! 139
Wood,s, Wood, Nicholas, 409, 441
Wool, order concerning washing and putting
up, 121
encouragement to raise, 198
Woolcott, Henry, of Windsor, answer to peti- tion of, 232
Women, law entitled, repealed, 26
Worcester, William, 208, 229, 430
proposal by, to hold religious services at
Salisbury, 378
Rev. Mr., petitioner in behalf of Robert
Pike, 313
of Salisbury, 393, 394
order concerning salary of, 427
Wormell, Joseph, 99
Wormestall, Arthur, 163
Worship, public, no person to conduct by- preaching without license by elders of neighboring churches, &c., . . . 122 provision for maintenance of ministers, . 199 See Preaching. Wotapuntum, charges of, to be paid by Ninni-
crot. 95
Yale, David, 112
Yeoman.s, Edmund, 33
Susanna, 33
Yeow, Thomas, 99
GENEEAL INDEX.
513
York, county of, 161,338
in Maine, established, 124
boundaries of towns in, confirmed, . . . 125
Courts established in, 125, 129
accounts for imposts, &c., to be settled by
Nicholas Shapleigh, 126
inhabitants of, authorized to choose three
associates for their courts, . . . .132
Saco to be a part of, 162
Cape Porpus to belong to, 164
to bear a proportion of expense of commis- sioners sent to, 165
order concerning a Court in the county of, 189 to contribute towards salaries of magis- trates, 204
prison to be built in, 214
commission granted for holding Court at, . 224 commissioners to keep Courts at, author- ized to settle affairs at their discretion, 298 to arrest John Bonython, (Bonnighton,) . . 298
return of valuation for, &c., 233
Captain Nicholas Shapleigh appointed to
oversee military affairs, arms, &c., in, 273 letter to Jocelyn, &c., concerning govern- ment in, 306
commissioners appointed to extend gov- ernment to northern and eastern limits. 338 VOL. IV. PAKT I. 65
petition of, sent to Lord Protector Crom- well, 306
order concerning, 350
Commissioners' Courts in, &c., granted ex- tra powers, 359 — 361
Courts, order concerning, 405
York, town of, . . . 214, 233, 305, 312, 341, 425
deputies of, . 120, 182, 222, 255, 321, 417, 449
formerly Agamenticus, 128
Court established at, &c., 129
Edward Godfrey's complaint against, re- ferred to commissioners, 208
and Mr. Godfrey, commissioners continued
to settle difference between, .... 229
and Kittery, report of committee on line
between, 261
and Wells, committee appointed to run
lino between, 340
deputy for, to publish proclamation against
Mr. Boniton, 345
and Wells, report of committee on line be- tween, 373
Young, Rowland, 129
Thomas, vs. Captain Standfast, order con- cerning trial, 21
Youths, idleness and dissipation discouraged
among, 59
INDEX OF FREEMEN.
1650-1660
INDEX OF FREEMEN.
1650—1660.
Addams, Edward, 460, 461. Addams, Joseph, 460. Addams, Peter, 459. Addington, Isaac, 459. Atwood, William, 460. Baldwine, Henry, 460. Bale, Nathaniel, 459. Ball, John, 459. Barrat, Humphrey, 461. Basse, Thomas, 461. Battle, Thomas, 460. Beales, Jeremiah, 461. Beers, Anthony, 461. Billing, John, 461. Blake, James, 460. Blake, William, 459. Bloget, Daniel, 460. Bordman, William, 460. Boulter, Richard, 460, 461. Bradstreet, Mr. Samuel, 461. Brand, George, 459. Brewar, Thomas, 460. Brooke, Caleb, 460. Brooke, Joshua, 460. Brookes, John, 459. Broune, Edmund, 459. Busby, Abraham, 459. Butler, Henry, 459. Chadvvioke, John, 461. Champney, Joseph, 460. Chard, William, 460. Child, Joseph, 460. Clap, Nathaniel, 461.
Clarke, Hugh, 461. Clarke, Joseph, 460, 461. Collier, Moses, 460. Convers, Josias, 459. Cooke, Walter, 460, 461. Cotton, Mr. Seaborn, 461. Croune, Colonel William, 461. Dell, George, 459. Dinsdale, William, 461. Dinsdall, Thomas, 461. Douglas, Henry, 461. Drury, Hugh, 460. Dussett, John, 461. Dwight, Thomas, 460. Dwight, Timothy, 461. Eaton, Jonas, 460, 461. Eaton, William, 460, 461. Edmonds, Joshua, 459. Eliott, Jacob, 460. Elliott, John, 461. Emans, Thomas, 460. Fasell, John, 460. Fa.Kon, Thomas, 461. Fering, John, 460. Foored, Andrew, 460. Foster, Samuel, 459. Freary, John, 461. French, Jacob, 460. Fry, George, 459. Gardiner, Richard, 460. Garey, William, 460. Gates, Stephen, 461. Glover, Habakkuk, 459.
Glover, Nathaniel, 460. Greene, Jacob, 459. Greene, John, 460. Grifl'yn, Richard, 461. Griggs, Joseph, 460, 461. Grise, Charles, 459. Guppee, John, 460, 461. Hamlett, William, 459. Hanford, Thomas, 459. Harri.s, Robert, 459. Haugh, Mr. Samuel, 459. Heath, Isaac, 460. Heath, Peleg, 460. Herring, Thomas, 460. Hewen, Jacob, 461. Hilton, William, 460, 461. Hinksman, Thomas, 460. Hobart, see Hubbard. Houlden, Justinian, 461. How, Joseph, 461. Howard, Robert, 460. Hubbard, Jeremiah, 460, 461. Hubbard, Joshua, 460, 461. Hubbard, Josiah, 461. Hubbard, Mr. William, 460, 461 Humphry, Jonas, 460, 461. Hunt, Samuel, 460. Hurryman, Leonard, 461. Ireland, William, 459. Jackewish, Abraham, 461. Johnson. Solomon, 459. Johnson, William, 461. Jones, Jack, 460. (517)
518
INDEX OF FllEEMEN.
Jones, John, 459. Kent, John, 460. Kingsly, Samuel, 459. Knight, Joseph, 460. Knight, Michael, 460. Knoules, Mr. John, 459. Lane, Job, 461. Lane, William, 461. Lindon, Augustin, 461. Majes, John, 461. Majes, Samuel, 461. Marble, William, 460. Marrion, John, 460. Marsh, Alexander, 460. Marsh, Thomas, 460. Marshall, Thomas, 460, 461. Martin, Solomon, 460. Martin, William, 460, 461. Mason, Henry, 459. Mattocke, David, 459. Medcalf, Thomas, 460, 461. Mirriam, Joseph, 459. Moore, Francis, 460. Morse, John, 460. Mousell, John, 459. Newell, Abraham, 460, 461.
Norcross, , 460.
Norcrosse, Richard, 460. Nutting, John, 461. Ouldam, Richard, 459. Owen, William, 459. Paine, Stephen, 460, 461. Paine, William, 459. Pannly, Alexander, 461.
Park, Jacob, 461. Parker, John, 459, 460. Parmiter, Robert, 459. Palridge, William, 460, 461 Pearse, Robert, 459. Peii-point, John, 560. Porter, Richard, 460, 461. Pratt, William, 459. Prentice, Henry, 459. Prentice, Thomas, 460. Rand, Thomas, 461. Read, Philip, 461. Read, Thomas, 461. Reade, William. 460, 461. Rice, Matthew, 461. Rice, Thomas, 461. Richards, James, 460. Ripley, Abraham, 461. Ripley, John, 461. Rise, Edward, 459. Rocke, Joseph, 460. Rugles, John, 460. Sanforth, Robert, 460. Sannders, John, 459. Saunders, Martin, 459. Sawen, John, 460. Sawer, Thomas, 460. Shepheard, John, 459. Skinner, Thomas, 460, 461. Smith, James, 460. Smith, John, 460. Souther, Nathaniel, 460. Sprage, John, 4fi0, 461. Spring, Henry, 461.
Steevens, Henry, 460. Straiten, Samuel, 460, 461. Stone, Samuel, 461. Stone, Simon, 460, 461. Stowe, Thomas, 460, 461. Slower, Richard, 459. Sumer, George, 461. Sumner, Roger, 461. Taylor, John, 459. Thomas, Hugh, 459. Thompson, John, 460, 461. Thompson, Mr. WiUiam, 461. Tinker, John, 460. Underwood, William, 459. Upham, Nathaniel, 460, 461. 'Walsby, David, 459. Walk ins, Thomas, 461. Way, Aaron, 459. Weekes, Amiell, 461. Welch, Tliomas, 459. Weld, John, 459. Weld, Thomas, 460. Weyman, Francis, 461. Wheeler, William, 461. AVhiting, Mr. Samuel, 461. Whitman, Thomas, 460, 461. Whitmore, Frank, 460. Whitney, Richard, 459. Whitton, James, 461. Wight, John, 460, 461. Williams, Nicholas, 460. Williams, Samuel, 459. Wisewall, Thomas, 460. Wooddeys, Henry, 461.
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