Skip to main content

Full text of "Records of the colony of New Plymouth, in New England : printed by order of the legislature of the Commonwealth of Massachusetts"

See other formats


CORNELL 

UNIVERSITY 

LIBRARY 




FROM 




3 1924 070 695 663 




XI 



Cornell University 
Library 



The original of this book is in 
the Cornell University Library. 

There are no known copyright restrictions in 
the United States on the use of the text. 



http://www.archive.org/details/cu31924070695063 



RECORDS 



PLYMOUTH COLONY. 



COUHT OUDERS. 

YOL. III. 

1651-1601. 



RECORDS 



OF THE 



COLONY 



OF 



NEW PLYMOUTH 



IN 



NEW ENGLAND. 



PRINTED BY ORDER OF THE LEGISLATURE OF THE 
COMMONWEALTH OF MASSACHUSETTS. 

EDITED BY 

NATHANIEL B. SHUETLEFF, M.D., 

MEllBEE OF THE MASSACHUSETTS mSTOKICAL SOCEBTr, FELLOW OF THE AMERICAN ACADEMY OF ART9 

ANB SCIENCES, MEMBER OF THE AMERICAN ANTIQUARIAN SOCIETY, FELLOW 

OF THE SOCIETY OF ANTIQUARIES OF LONDON, ETC. 



COURT ORDERS 
YOL. III. 

1651—1661. 




BOSTON: 
FROM THE PRESS OF WILLIAM WHITE, 

PRINTER TO THE COMMONWEALTH. 



1855 

V 



UNIVERSilYt 



REMARKS. 



rr^HE third volume of Court Orders of the Colony of NeAV Plymouth 
-^ is contained in a manuscript of about three hundred and forty 
pages, all in the handwriting of Mr. Nathaniel Morton, secretary of the 
colony. It comprises the records of the latter part of the administration 
of Governor William Bradford, and the first part of that of Governor 
Thomas Prence, including a period of ten years, commencing on the 
second day of March, 1651-2, and ending on the twenty-third day of 
July, 1661. 

Occasionally matter of a miscellaneous character will be found 
entered in various parts of the volume ; and in some instances this wiU 
be found out of chronological order. Care has been taken to make the 
indexes as full and perfect as possible. 

N. B. S. 

December, 1855. 



MARKS AND CONTRACTIONS 



A Dash ~ (or straight line) over a letter indir.ates 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 oria;inal record. 

A Cross X indicates a lost or unintelligible word. 

All doubtful T/ords 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, || ||. 

Some words and paragraphs, which have been cancelled in the original record, 
are put between + + . 

Several characters have special significations, namely : — 



(w , — annum, anno, 
a, — an, am, — curia, curiam, 
a, — matrate, magistrate, 
t), — her, — num%, number ; Eofet, 
Robert. 

c, — ci, ti, — accon, action. 

CO, — tio, — jurisdiccbn, jurisdiction. 
6, — ere, cer, — ads, acres. 

d, — ctd,. delivered. 

e, — Trer, Treasurer. 

e, — coinmitte, committee, 
g, — gh il, general ; Georg, George, 
h, — chr, charter. 
1, — begig, beginig, beginning, 
i, — ire, letter. 

in, — mm, mn, — coiiiittee, commit- 
tee, 
ni, — reconidacon, recommendation. 
iiJ, — mer, — fornJly, formerly, 
m, — month. 

n, — nn, — Peri, Penn ; aiio, anno, 
fi, — Dili, Domini. 
h, — ner, — manfi, manner. 
0, — on, — mentio, mention. 



0, — mo, month. 

p, — par, por, — pt, part ; ption, por- 
tion. 
p, — per, — pson, person. 
^3, — pro, — pporcon, proportion. 
p, — pre, — psent, present, 
cj,, — q,stion, c[uestion. 
^, — esqp, esquire, 
f, — Apr, April, 
s, — s, session ; sd, said, 
s, — ser, — svants, servants. 

1, — ter, — neuE, neuter, 
t, — capt, captain. 

vi, — uer, — seQal, seueral. 

u, — abou, aboue, above. 

?, — ver, — se?al, several. 

w, — wn, when. 

y% the ; y'", them ; y", then ; y, their ; 

y% this; y', that. 
3, — us, — vilibs, vilibus. 
^, — es, et, — statut^, statutes. 
^(3, &d, &c'', — et cffitera. 
vizj, — videlicet, namely. 
./ — full point. 

(V) 



CONTENTS OF VOLUME III. 



COURT ORDERS, 1651—1661, 



GENERAL INDEX, ^^^ 



PLYMOUTH COURT ORDERS. 



1651—1661. 



PLYMOUTH RECORDS. 



THE RECORDS OF THE COLONY OF NEW PLYMOUTH IN 

NEW ENGLAND. 

[The third volume, coxnmencing with the record of the General Court held on the second day of 
March, 1651-2, and ending with a record hearing date the twenty-third of July, 1661, is entirely in the 
handwriting of Secretary Morton. As in the case of the preceding volumes, the original indexes are 
not printed as ivritten in the manuscript, but are incorporated mth that expressly prepared for the 
printed copy.] 



ACTS AND PASSAGES OF COURT AND GRANTS OF LAND 
FROM THE YEAR 1651 UNTIL THE YEAR 1661. 

New Plym. Bradford, Gou". 

*Att a Genevan Court holden at JYew Plym, the 2'"^ of March, 1651-2. 

1651. ^ — -"—^ 

2 March. 

Before Wiliam Bradford, geii, Gouer'', John Browne, I- ^'J 

Wiliam CoUyare, John Alden, and 

Captaine Miles Standlsh, Captaine Tho Willet 

Timothy Hatherley, 

Gen?, Assistants. 

AT this Court open proclamacon was made, that whereas Edmond Weston 
had letters of adminestration graunted vnto him att the Generall Qourt 
holden at Plyin aforsaid, the 7"" of June, 1648, to adminester vpon y" estate 
of Thomas Howell, deceassed, and hath continewed adminei as aforsaid heth- 
crto, that if any can claime any just debt from the estate of Thomas Howell 
aforsaid, they are to com in and demaund it betwixt this and the Generall 
Court to bee holden at Plym aforsaid the first Tusday in June next, or other- 
wise the Court will then graunt vnto the said Edmond Weston a quietus est. 

3 



4 PLYMOUTH COLONY RECORDS. 

1 G 5 1-2. Fines and Scnsui-es. 

2 March. Gorg Pidcock, for vnadvised taking of an oath, and for insolent carriage 

BiiADFoiiD, "towards IM"' Hatherley, then maiestrate, was fined thirty shillings, to bee paid 

Go'i). 

betwixt this and the next June Court, or otherways to suffer bodily punish- 
ment. 

Nathaniell Bassett and Josepth Prior, for desturbing the chui-ch of Dux- 
burrow on the Lords day, were sentenced each of them to pay twenty shil- 
lings fine, or, the next townc meeting or training day, both of them to bee 
bound vnto a j)ost for the space of two houres, in som pub place, with a paper 
on theire heades on which theire capital crime shalbe written pspecusly, soe 
as may bee read. 

Samuell Eaton, for pilfering and stealing, sentenced to sit in the stockes, 
and accordingly executed. 

Nicolas Hide, for selling a gun to an Indian, fined twenty fine pound, the 
time of paiment whereof is refered to the consideracon of Captaine Standish 
and M"^ Browne ; further, the said Nicolas Hide is to satisfy Vssamequin about 
a peece hce had of him. 

The Court have deputed Captaine Standish to rectify the bounds betwixt 
Barnstable and Sandwidge as soone as conveniently heS can. 

Lfes of adminestracbn are graunted vnto Captaine Standish, Treasurer, 
to adminester vpon the estate of Henery Dreaton, dec. 
[*2.] *Ralph Allen, Seni, and Richard Kcrbey, for speaking vild and deriding 

speaches against Gods word and ordinances, were fined fiue pounds a peece, to 
be paied betwixt this and June Court ne:s^t, or if not, then to sufibr bodily 
punishment by whiping. 

Wheras complaint is made ■^nto the Court that soin of the towne of 
Duxborrow have felled and spoyled soin timber in som such swampes as be- 
longe to the cuntry, — 

The Court haue ordered, that noe pson or psons shall henceforth fell or 
make spoyle of any such timber, in any such swampes belonging to the cun- 
try in generall, vntell further order bee taken about the same at the next June 
Court. 

A warrant was directed to Gorge Pidcocke, cuntstable of Scittuate, to 
warn Peeter Collymore psonally • to appeere at the Generall Court, to bee 
holden at Plym aforsaid, the first Tusday in June next, to answare for such 
scandalus and reproachfuU *peachcs as hee hath spoken against !M'' Hatherley, 
Assistant to the gouerment. 

"Wheras John Willis, of Duxborrow, complained that his daughter in 



COUET OKDEKS. 5 

law, Eebeckah Palmer, was molested and hindered in pforming faithfull ser- 16 5 1-2. 
vice vnto her m'', vizj, Samuell Mayo, of Barnstable by the wife of Trustrum '^ ' 

Hull, of Barnstable aforsaid, the Court haue sent downc order by Roger bj^aotokd 
Goodspeed, grand iuryman, of Barnstable aforsaid, to warn the wife of y" ^°'^- 
said Trustrum Hull to desist from such practises any further, as shee or any 
other that shall soe doe will answare it at theire perill ; and allsoe that the said 
wife of Trustrum Hull doe giue answare for her not appeering at this Coui-t 
nor her attornie, to answare the suite coinenced against her by the said John 
WilUs. 

^lemorand: that Mercy Tubbs bee warned by warrant to appeere at June Mercy Tubbs 
Court, to answare for mixed dauncing, whereof shee is accused. admonition. 

The Coiut haue desired that a pu.blicke day of thanksgiving throughout 
the coUonie may bee obserued therin to giue thankes to God for the great vic- 
tories graunted to the army in the behalfe of the Parliament and comonwealth 
of England. 

* Presentments by the Grand Enquest, on March the 2<=™'i, 1651. ^ March. 

[*3.] 
Wee psent Jonathan Couentrey, of the towne of Marshfeild, for makeing Departed the 
a mocion of marriage vnto Katheren Bradberey, servant vnto M' Burne, of s™*"™™'- 
the same towne, without her masters consent, contrary to Court order. 

"Wee further psent the towne of Marshfeild for not haueing a barrell of Engage to pro- 

... J cure it accord- 

powder and lead m towne stock, according to order. ^^ ^o o^4gf_ 

Wee further pteent Edward Williams, of the towne of Scittuate, for tak- 
ing away and fraudulently detaining of a sacke of Gilbert Brooks his, after Edward Wil- 

-. jw ■, Hamfi fined 

demaund ot the same. ^^^^ shillings, 

Wee further -psent the aforsaid Edward Williams for pilfering of wood to be paid by 

■^ the next Court 

firom Goodman Pinchins dore. of Assistants. ' 

Wee farther ^sent the towne of Scittuate for not haueing a barrell of Promised to 

- pi'ocure it out 

powder & ledd in store according to order. of hand. 

Wee further ^sent Katheren Winter, of Scittuate, for comitting y" sinne Could not ap^ 
of fornication with her father in law, James Turner. C^^^^^ ^^^ 

Wee fui-ther ©sent Abraham Peirse, of the towne of Duxbmi-ow, for sence punished 

J^ att Scittuate. 

slothfuU and negligent spending the Saboth, and not frequenting the pubHck 

assembly. The Court saw re.ason to excuse him for p'sent, but sence cleared, with ^vaming to amend. 

Wee farther fJsent John Barnes, of the to«ne of Plym, for being drunke Cleared by 

paling the fine.. 

on the 26' day of January last past. rpj,g cg^^j ,^ij 

Wee further ©sent the towne of Rehoboth for not haueing a gencrall examine the 

-■• order, and doe 

stock of armes according to order. as they shaU 



see reason. 



PLYMOUTH COLONY RECORDS. 



2 March. 
[Bradford, 
goveenoe.] 

[*4.] 



1G51-2. *Wee fiutlier ^sent the towne of Taunton for not hauing a common 

stock of powder & shott, according to order. They will endeavour forthmth to provide. 

Wee further ^sent the towne of Sandwidge, for the like defecte. 
Wee further ^sent Thomas Launders, of the towne of Sandwidg, for 
haueing a child born within thirty weeks after marriage. See more of this 

the 36 page of this booke. Not appeering, fined according to order. 

Rest for the Wee further ^sent Nicholas Davis, of the towne of Barnstable, for haue- 

p'sent, because . i -i i /< i i /. t • i r' t • 

it could not bee u^g * child five weekes and foure daies before the ordinary time of weemen 
fully ended. after marriage. 

Cleared. Wee further psent Jonathan Hatch, of the towne of Barnstable, for fiu- 

nishing of an Indian with gun, powder, and shote. 



165 2. '^tt a Court of Assistants holden at JYew Plym, the 4"' of May, 

1652. 



4 May. 



Before Wiliam Bradford, gent, Gouerner, Captainc Miles Standish, and 
Wiliam Collyare, John Alden, 

Gent, Assistants. 

MR PRENCE and M'' Collyare are ordered and requested by the Court • 
to goe to Scittu.ate as soone as conveniently they can, and to view the 
ancient bound markcs at Scittuatc, which they formerly set out, and to make 
report 'STito the Court how they find them. 

Wheras Ed-\vard Holman hath been obserucd to frequent the house of 
Thomas Sherive at vnseasonable times of the night, and at other times, which 
is feared to bee of ill consequence, — 

The Court hauc therforc ordered, that the said Edward Holman bee 
warned by the cunstable of Plyni, that hee henceforth doe no more frequent 
or coin at the house of the said Sherive, nor that the wife of the said Sherive 
doe frequent the house or companie of the said Holman, as either of them 
will answaro it at theire perills. 

Wheras Josepth Ramsden hath for soin time liued with his family re- 
motely in the woods from naighbours, wherby his wife hath been exposed to 
great hardship and perill of loosing her life, and other inconveniences haue 
followed therupon, the Court haue ordered, that the said Josepth Ramsden bee 
warned by the cunstable of Plym to bring his wife and family, with all 



COURT ORDERS. 7 

convenient speed, near vnto soSi naighborhood, that soe shee may bee in away 1652. 
of healp, as nessesitie shall require, as hee will answare the neglect therof at " ^i 

,. .,, 4 May. 

his perill. ,„ 

GoVDRNOK.] 



were elected Asistants, and sworne. 



*Att the Generall Court of Election, holden at Plym, for the Juris- s June. 
dictio7i of JVew Plym, the 3" of June, 1652. t*^-] 

Befor Wiliam Bradford, gent, Gouerner, Timothy Hatherley, 

Thomas Prence, John Browne, and 

Miles Standish, John Alden, 
(Jentlemen, Asistants. 

M^' WILLAM BRADFORD elected Gouerner, and sworne, and hath 
libertie graunted him to chose a depu?, to serue in his roome if hee 
shall haue occation to bee absent any pte of this yeare. 

M"' Thomas Prence, 
Captaine Standish, 
Timothy Hatherley, 
John Browne, 
John Alden, 
Cap? WiUet, 

Leiftennant Southworth not sworne. 
Captaine Miles Standish chosen Treasurer. 

Freemen admitted this Court, and sworne. 

M' Tho Allen, Wiliam Foard, 

Trustrum Hull, • Ehsha Besbey, 

Thomas Huckens, M"' John Freeman, 

Leiftenant Perigrin White, John Wetcome, 

John Willis, Nathaniell ]Mayo. 

Wiliam Twining, 

The Names of such as stand propounded to take vp their Freedom. 

Abraham Blush, John Woodfeild, 

Wiliam Mericke, Redulphus Elmes, 

Tho Ensigne, I«aak Chetendon, 



PLYMOUTH COLONY RECORDS. 



1652. 


John Williams, Junier, Samuell Arnold, 


3 June. 
[Bhadford, 


John Damman, 
John Hore, 


Richard Tayler, 
Richard Seares, 


GOTEENOE.] 


+John Barker,* 


Wiliam Crocker, 




Leift" Fuller, 


Austine Bearce^ 




]\I' Anthony Aimes 


, Zacary Soule, 




Marke Aimes, 


Edmond Weston, 




AViliam Sabin, 


Robert Studson, 




John Butterworth, 


John Marchant, 




Robert Fuller, 


Richard Beare, 




Robert Shelley, 


Samuell Fuller, Ju'n. 


[*6.] 


*The Cunstables of the seuerall Townes. 




Plyfii, .... 


. . Richard Wright. 




Duxburrow, . . 


. . Wiliam Bassett. 




Scittuate, . . . 


f John Whetcom, 
1 William Parker. 




Sandwidge, 


Jonathan Fish, to bee sworne 
[ at home. 




Taunton, . . . 


. . James Walker. 




Yarmouth, . . . 


rBeniaminc Hammon, to bee 
\ sworne at home. 




Barnstable, 


James Naiafhbore. 




Marshfeild, 


-Vnthonv Snow, 
( Lcil'tcnant Perigren White. 




Eehoboth, . , . 


. . Walter Palmer. 




Eastham, . . 


fStcuen Wood, to bee sworne 
( at home. 



Plyfii, 



Duxburrow, 
Scittuate, . 
Sandwidg, 



The Deputies of the seuerall Townes. 

^V' John Howland, 
M'' Jolm Winsiow, 
John Dunham, SenT, 
I Leif? Tho Southworth. 
[ Constant Southworth, 
I W John Bradford. 
f M' James Cudworth, 
[ Humphry Turner. 
f Richard Burne, fined, 
(^Tho Tupper. 



COURT ORDERS. 



Taunton, . . . 

Yarmouth, . . 

Barnstable, . . 

Marslifeild, . . 

ReliolDoth, . , , 



Eastham, 



Plyfii, . . 

DuxburroTV, 
Scittiiate, . 
Sandwidge, 
Taunton, . 

Yarmouth, 

Barnstable, 

Marshfeild, 

Eehoboth, . 
Eastham, 



■ M' Tho Gilber, 
Leiftenant Wyate. 
M.' Anthony Thacher, 
M' Tho Howes. 
Henery Cobb, 
Nathaniell Bacon. 

{Kanelme Winslow, 
Tho ChilUngsworth. 
(MJ Tho Cooper, 
\Steuen Payne. 
Daniell Cole, 
JEdward Banges,J 
Nicalas Snowe. 



The Survayors of the Highwaies. 

James Cole, Tho Pope, 
■ Samuell Sturtivant, 
Josepth Warren. 



r John Hewes, Sen!, 
1 Ephraim Kemton. 

JEichard Paule, 
\ Clement Mayfeild. 
fWiliam Lumpkin, 
( John Joyce, 
r Abraham Blush, 
(Dolare Davice. 
r Josepth Bedle, 
\"Wiliam Sherman, 
r Josepth Peck, JunT, 
\ Jonathan BHsse. 



*The Grand Enquest. 



1652. 

7 June. 

[BKADPORb, 

Gqteenor.] 



[n.] 



1. M' Tho Dexter, SenT, 

2. Christofer "Wads-worth, 

3. Robert Bartlet, 

4. Tho Whitney, 

5. Edward Bangea, 
VOL. in. 2 



6. Robert Finney, 

7. Samuell Arnold, 

8. Richard Sares, 

9. John Chipman, 
10. JohnTisdall, 



10 



PLYMOUTH COLONY RECOKDS. 



1652. 

' — t ■ 

3 June, 
[Bbadpord, 
goveenoh.] 



2 June. 



Fined accord- 
ing to the 
order. 

Freed witli ad- 
monishion to 
amend. 



[•8.] 



11. Wiliam Hedges, 

12. Robert Caruer, 

13. M' John Starr, 

14. Eobert Studson, 

15. James Torey, 

16. Robert Fuller, 

17. Henry Smith, 



18. J Samuell House, 

absent and fined,* 

19. Thc) Dexter, Jun', 

absent, fined, 

20. Wili Swift, absent, fined, 
Marke Aimes. 



Presentments of the Grand Enquest, June the 2°°°*, anno 1652. 

Before the grand enquest proceed to f>sentments, they doe ernestly de- 
sire the Court to take in to consideracSn the great disorder that is in the 
cuntrey, for want of just and equall measures, and the wrong that without 
speedy redresse may come therby, and likwise that there may bee a comon 
standard in euery towneshipp, y' soe the grandiury may annually try the meas- 
ures according vnto order. 

"Wee ^sent Josepth Harding, of Eastham, for carrying an Indians gun 
vnto the smith to bee mended, in his vnkels name. 

Wee farther psent John Bryant, of Taunton, for exchanging of a mus- 
kett for a fowling peece with the Indians. 

"Wee further ^sent Henery Clark and Thurston Clark, Junior, of Namas- 
sakeesett, in the liberties of Duxburrow, for not frequenting the pubHcke as- 
semblyes on the Lords day. 

Wee further ^sent Gorg Russell, of the same place, for the same 
neglect. 

Wee further enquire by what power the bench and comitties doth prohib- 
bite the inhabitants of the collony from saineing for basse at the cape, by an 
order made the last June, anno 1651. 

*Forasmuch as there is euidence brought vnto vs, on oath, of a scandall 
that is layed on the gouerment, by M' Miller, of Yarmouth, pubHckly deliu- 
ered, and there being som doubt in soffi. few of the jury, by reason they thinke 
there is not sufficient testimony, which they conceive may sertainely bee ob- 
tained by the next Court, wee doe hereby earnestly desire that the next jury 
w(5uld take it into serius considera66n, as a matter that doth much concerne 
them, to vindecate the innosency of the collony. 

Wee further ^sent the townes of Sandwidge and Mattakeesse, or Yar- 
mouth, for not building a bridge over the Ellriuer, according to order. 



Gorge Russell, for abusing the cunstable of Scittuate in the execucion of 
his office, is fined 3 pounds, to bee paied by the next Court 6f Assistants. 



COUKT OKDEKS. H 

Peeter Worden and "Willam Hailstone, for not appeerlng to serue on the 1652. 
grand enquest, are fined according to order. ' ''' 

The Court haue ordered M' Hatherley that hee take course that the mil- [-bkadfokd 
letary company of Scittuate doe traine accofing to order this yeare, and that Goternok.] 
hee see that some fitt psons bee joyned with the cunstables of Scittuate, to take 
view of theire amunicion, and to see that they haue poweder and shott accord- 
ing to order. 

Likewise the cunstable of Sandwidge, by a warrant, is required to call 
vpon the leiftenant and Willam Newland, to traine the milletary companie 
of Sandwidge, and if hee refuse, to appoint theire sergeant, Peeter Wright, 
to doe it. 

A quietus est is graunted to Edmond Weston, haueing ben adminestrator 
on the estate of Thomas Howell. 

The Court haue ordered, that all pubUck officers shall take an oath, ac- 
cording to the nature of theire office. 

David Linnet and Hannah Shelley, for vncleane practises eich with 
other, are sentenced by the Court to bee both publickely whipt at. Barnsta- 
ble, where they Hue. 

*The Office of the Head or Chiefe Marshall, wheria his Oath is included. [*9.] 

That hee bee reddy to attend the GeneraU Courts and theire seuerall ad- 
ioumments, and Courts of Asistants, as alsoe the Court of Cornissioners, 
when they meet in this gouerment, and the GoQrs pson especially, at these 
Courts. 

gcondiy^ jjgg shall faithfully, with what speed hee may, collect and gather 
vp all such fines and summes of money in such goods hee can find, of euery 
pson for which hee shall haue warrant soe to doe by the GoQ, or any of his 
Asistants; and shall, with like dillegence, leuy the goods of euery pson for 
which hee shall haue warrant soe to doe by any execution graunted by the 
Court, and that the same soe collected or leuied shall, with all convenient 
speed, dehuer in to the Treasurer, or the psons to whom the same shall be- 
longe ; and shall serue all attachments directed to him, which shall com to 
his hands, and shall pforme, doe, and execute all such lawfuU demaunds, di- 
rections, and warrants as by lawfuU authoritie heere estabhshed shallbee 
comitted to his care and charge, without favor or partiallytie to any pson, and 
shall take onely his ordinary fees allowed, without exaction vpon any pson, 
and shall safely keepe, as head marshall, all such psons as shallbee comitted 
to his custedie by the gouerment, GoQ, or any of his Asistants ; and shall 
haue full power, in case hee see ocation to require aide and asistance of any. 



12 PLYMOUTH GOLONY RECORDS. 

1652. to assist him in the execution of his office : and the adminestracion of his office 
^ ' "" shall extend to all places within the lymets of this gouerment, &fi. 

3 June. 

GovEKNOE.] The Office of the Vnder Marshall, -wherin his Oath is encluded. 

That hee bee reddy to attend the Generall Courts and Coui-ts of Asist- 
ants, and to doe such service as shalbee coSiiaunded him by the GoQ, or any 
of his Asistants, and shall reddily execute and inflicte all such sensures and 
punishments as by authoritie of this pisent gouerment shalbee adjudged to bee 
inflicted vpon any deHnquents and offenders, according to the nature of all 
such "warrants and manda?s as shalbee directed to him, without favor or partial- 
lity to any pson ; and shall faithfully and safely, as vnderkeeper, or vnder 
marshall, keepe all such deliaquents, and malefactors, and fellons as shalbee 
comited vnto him ; and shall take onely his ordinary fees allowed, without 
exaction vpon any, &6. 

4 June. *June the 4"^- 

[*10.] Leiftenant Samuell Nash was chosen and approued by the Coiurt to serue 

in the office of cheife marshall, according to the extent of the said office 
alreddy entered, and is to haue for his wages 20 marke p annum, besides his 
ordinary fees allowed by the Court. 

The Fees of the Cheife Marshall, allowed by y* Court. 

It, for serueing an execution, 00 : 05 : 00 

n, for his journey about it, 3* p mile. 

It, for serueing an attachment, 00 : 02 : 06 

n, for a comitment, 00 : 02 : 06 

II, for euery action that is entered, 00 : 00 : 06 

n, all the on halfe of all fines not exceeding . . . 00 : 06 : 00 

Att the same Court as aforsaid, Thomas Sauory is endented with by the 
Court to serue in the office of vnder marshall, or executioner, according to 
the tearmes and nature of his said office alreaddy entered, and is to haue 20 
nobles p annum, besides his ordinary fees allowed by the Court. 



COURT ORDERS. 



13 



*Mt the 2"^ Session of the Generall Court, holden att JVew Plym, 165 2. 

the 29 of June, 1652. 



29 June. 



[Bkadford, 
Before "Wiliam Bradford, gen?, Gr', Timothy Hatherley, Gqveenoe.] 

Thomas Prence, John Browne, and [*11-] 

Captaine Miles Standish, John Alden, 

GenI, Assistants. 

~¥"]rTlIEEAS complaint is made that the lower way betwixt Sandwidg and 
T T Barnstable is enterupted and hindered, the Court haue ordered, that 
M"^ Prence or Captaine Standish, as soone as conveniently they can, shall haue 
power to impannell a jury to lay the said way out as conveniently as they can 
for the vse of the countrey, vnles the towne of Barnstable will of themselues 
allow it for a common hieway. 

M' Cottingtons letter, in way of complaint against Wiliam Sabin, haue- 
ing been read and considered in the Court, the said Wiliam Sabin saith that 
hee hath been with M"^ Cottington sence M"" Browne did speake with him, and 
saith M"^ Cottington said hee was satisfyed, and was not soe much offended 
with him as others were. The Court haue ordered the said Sabin psonally to 
appear att the next Generall Court, and giue in vnder M' Cottingtons hand 
that hee is satisfyed about the speeches the said Sabin spake that conserned 
him, or bee reddy to answare his further complaint. 

The Court haue appointed Captaine Standish to take some speedy course 
with som workmen to mend the bridge att Joanes Eiuer, and if workmen will 
not bee procured to worke att it willingly, hee hath power heerby to presse 
men to worke theratt. 

The Court haue appointed M"^ Browne to impannell a jury forthwith, to 
lay out a way betwixt Taunton and Plymouth. 

Conserning the difference betwixt the jurisdictions of the Massachusetts 
and Plymouth about the lands that hath been in difference betwixt the Massa- 
chusets & vs att Conahassett, the Court haue refered the determinacon therof 
vnto the comissioners att theire next meeting, according to the articles of con- 
federacSn 

Wheras there hath been a purchase of land made by som of the inhabit- 
ants of Scittuate of Josiah Wampatuck, an Indian sagamore, forasmuch as 
they haue bought nothing but what was formerly graunted by the Court, the 
said Court haue remited what might bee a breach of order therin. 

The Coui-t are willing and doe agree to sett and lett y« trade at Kenebeek 



14 PLYMOUTH COLONY EECORDS. 

1652. to those that formerly hade yt, on such tearmes as they formerly had yt, if 
^ the rest of the p'eners not ^sent bee willing, for three yeares, or soe long 

29 June. 

[Beadpord *^6^o^ ^s they shall stay in the gouerment j but if they, or any of them, doe 
GovBBNOB.] depart out of it before the said tearme bee expired, they are then to leaue yt. 
[*12.] *The Court haue ordered, that the summe of forty pounds promised and 

engaged to bee paied to M' CoUyare, that which remaines of yt vnpaied by 
each towne according to therre proportions shalbee paid, and this to bee 
directed to the seuerall townes, that they make paiement therof into the 
hands of the Treasurer according to this order. 

These are the seuerall summes due to the said M"^ CoUyare firom the seu- 
erall townes, according to that ■which is aboue expressed. 

i 8 d 

Plyfli, 04:04:00 

Duxburrow, 03 : 06 : 08 

Scittuate, 06 : 00 : 00 

Sandwidge, 04 : 06 : 08 

Taunton, 03 : 06 : 08 

Yarmouth, 03 : 06 : 08 

Barnstable, 03 : 10 : 00 

Marshfeild, 03 : 06 : 08 

Kehoboth, 05:14:04 

Eastham, 02 : 13 : 04 

Wheras a petition is now againe prefered vnto the Court from Scittuate 
about miletary oifecers, the Court doe approue of and appoint M' James Cud- 
worth for captaine of the milletary company of Scittuate, and M"^ John Varssell 
for leiftenant, and of M' Josepth Tilden to bee ensigne of the said companie. 
The Court haue agreed with Captaine Standish about the house that was 
M' Hopkinses, in which hee is to see that a convenient place bee made to 
keepe the common stocke of powder and shott, and the countrie to make other 
vse therof as they shall haue occation for the meetings of the comitties & 
juryes and other such like vses ; and it is to bee repaired att the countryes 
charge, provided, that when the owners doe make vse therof, they are to make 
satisfaction for the repairing therof 
A quietus est Att this Court, Edmond Weston, of Duxburrow, was discharged, acquit- 

Edmond Wes- ^^' ^^^ released from aU bonds, debts, dues, and demaunds that might bee 
*""• required of him as adminestrator vpon the estate of Thomas Howell, deceased, 

haueing giuen in his accounts and proceedings vnto the Court of his said 
adminestratorshipp. 



COURT ORDERS. 15 

An execution graunted to M' Wiliam Alford, of Boston, against Captaine 16 52. 
Nathaniell Thomas, for seauen pound dammage and charges. '' 

29 June. 

Lres of adminestration are graunted vnto Mary Ewer to admmester vpon brj^dpord 
the estate of John Ewer, deceased. ®°^- 

M' Anthony Thacher is allowed and appointed by the Court to admines- 
ter the ordinance of marriage at Yarmouth as occation shall require. 

*It is ordered, — [*13.] 

And the Captaine Standish or M"^ Prence are authorised to impannell and 
indiflFerent jurey out of the 4 townes, videlect, Sandwidge, Barnstable, Yar- 
mouth, and Eastham, to lay out the conTenientest waie from Sandwidge to 
Plymouth for a countrey way as speedily as may bee donn. 

July the twenty-sixt, 1653. 26 July. 

"Wee whose names are vnderwritten, being sumoned by M' Bradford, 
Gouemer, on an enquest to make enquiry how Eobert Wille, aUias "Willis, 
soffitimes of Milbrooke, in the countey of Cornwall, and sence belonging to 
"Winter Harboure, at Saco, in New England, came by his sudden death ; and 
the body of the said "Wille, allias "Willis, being brought on shore and by vs 
viewed, and finding noe wound about him which might cause his death, and 
haueing alsoe made all due enquiry about the fJmises, declare that wee find as 
followeth : videlecet, that the said Eobert "Wille, allias "Willis, being vp the 
greatest pte of the night att the house of James Cole, of Plym, with other 
fishermen and som of the said towne of Plymouth, and haueing drunke beer 
and stronge waters, and, almost at the break of the day, goeing on board the 
boate to which hee belonged to goe out on fishing, and being in the stern of 
the said boate, and assaying to thurst the said boate of from another boate that 
was by her, or endeauoring to hange his rudder, hee fell ouer board in to the 
water, and soe Jwas drownedj ended his life. 

Witnes our hands, GYLES RICKAED, 

Leiftea THO: SOUTHWOETH, 

THOMAS CLAEKE, 

THOMAS POPE, 

JOSHUA PEAT, 

SAMUELL HICKES, 

JOHN MOETON, 

NATHANIELL "WAEEEN, 

ANDEE"W EINGE, 

HENEEY WOOD, 

JOHN WOOD, 
The mark — rr of HENEEY ATKESON. 



16 PLYMOUTH COLONY RECORDS. 

1652. The note of the pticulars -which wee find belonging to the said Robert Wille, 

' ' allias "Willis. 

26 July. t 9 « 

Bkadpoed, It a pcell of old clothes, vallued 01 : 10 ; 00 

Go0. J 

It, the fourth pte of six barrells of mackerell. 

3 September. *Septeniber the 3*, 1652. 

[*14.] 

Wee ■whose names are vnderwritten, being summoned on an enquest by 

Captaine Miles Standish, to make enquiry about the mannor of the sudden 
death of James Glasse, declare that -wee find as foUoweth : — 

Videlecet, that the day of the date heerof, in the morning, it being very 
stormy weather, riding att the Gurnetsnose, before the mouth of Plymouth 
Harbour, in a boate to which hee belonged, they were forced thence by the 
stresse of weather, and were forced on shore on backside of the beach ; and • 
coming neare the shore, the surges being violent, hee was beaten of the fore 
cuddey of the said boate into the water, and soe ended his life ; and his body 
was found dead and taken vp driveing near the place. And wee further de- 
clare, that haueiug all viewed his body, wee found noe wound or other cause 
that might occasion his death. 

Witnes our hands, JOHN DUNHAM, Sen. 

THOMAS SOUTHWORTH. 
GORGE WATSON, 
THOMAS CLARKE, 
The mark of T THOMAS WHITNEY, 
EPHRAIM MORTON, 
SAMUELL HICKES, 
SAMUELL DUNHAM, 
The marke^of JOHN SMITH, 
JOHN BOWER, 
JAMES SHAWE, 
The marke IH of JOHN HEWARD. 

The time of the charge of the maiestrates table begins yearly June the 
first fi-om the yeare 1651. 

Att the 2°™* session of the Generall Court, holden att Plymouth the 
29 of June, 1652, Nathaniell Morton was sworn to the office of the clarke 
of the Court, the tenure of whose office and oath is faithfiilly to record 
all such things as shalbee committed vnto him by lawfull authoritie to bee 
recorded or enrowled j g^onaiy^ to keepe aU such secrets of the Court of Males- 



COURT ORDERS. I7 

trates as shal bee lawfull or requisite soe to bee kepte, and to attend att courts, 16 52. 
and to pform such otber services as ocation shall require behoofFuU to the ' ^^ 

place and office. ^ September. 

Beadpord, 
Go9. 



*J.tt the Generall Court holden at JVew Plymouth, the fift of 5 October. 

October, 1652. [*15.] 

Befor Wiliam Bradfod, gen?, GoQ, 

Miles Standish and Timothy Hatherley, Gen?, Assistants. 

T) RESENTMENTS by the grand enquest : — 

Wee gisent WilUam Hedge, of Yarmouth, for selling wine and Strong 
waters without lycence. 

"Wee present the townshipps of Plymouth and Duxburrow for not repa;ir- 
ing of Joanses B,iuer bridge. 

Wee p>sent the towne of Scittuate for not repairing the South Bluer bridge. 

Wee ^sent the survayors of Plymouth for neglecting to mend the high 
wayes. 

Wee ^sent James Cole, of Plymouth, for entertaining townsmen in his Aoquited. 
house, contrary to order of Court. 

Wee g>sent Thomas Clarke and John Moses, of Plymouth, for staying Acquited. 
and drinking at James Coles, contrary to order of Court. 

Att the Court abouemencioned open proclamacon was made, that if any 
could lay any just claime vnto any pte of the estate of Ephraim Kemton, 
deceased, they might come in and bee heard ; but none appeered for that pur- 
pose ; whervpon the Court graunted a quietus est vnto Mannasses Kemton 
and Ephraim Kemton, Junier, who were bound vnto the Court to giue in a 
true account, vpon demaund, of theire administratorshipp conserninge the said 
estate vnto the said Court. 

The Court doth allow and approue of Matthew Fuller for leiftenant, and 
of Barnard Lumbert for ensigne bearer, of the millitary company of Barn- 
stable. 

The Names of those whom the Treasurer hath appointed to receiue the Oyle 

for the Countrey. 

For Eastham, M' Prence. 

For Yarmouth, M' Howes. 

VOL. III. 3 



18 PLYMOUTH COLONY KECORDS. 

1652. For Barnstable, John Chipman. 

For Sandwidsre, Eichard Bourne. 

5 October. ° 

GoO. ' *Christopher Winter being suspected fraudulently to haue cutt a coult, 

[*16.] that soe the right owner therof might nott bee knowne, for which the said 
Winter standeth bound vnto the Court in the summe of twenty pound. 

The condicSn, that if the said Christopher Winter doe psonally appeer att 
the Generall Court to bee holden at Plymouth the first Tusday in March next, 
and bee reddy to answare vnto what shall bee farther enquired of him by the 
Court conserning the said coult, and not departe the said Court without 
lycence ; that then, &6. 

The oath of Rachell Eamsden conserning the said Coult. 

Rachell Eamsden, aged twenty-six years or therabouts, being deposed, 
saith that shee heard Goodwife Eaton say that Christopher Winter and Samuell 
Eaton were together on Munday last ; and that shee heard her husband say 
that hee bid Goodman Winter not deney that hee had cut the coult, the said 
Winter being angry that hee should soe speake ; " for," said hee, " it is true, 
Goodman Winter ; for I was with you att worke then, and saw it." 

Samuell Eaton, aged 32 years or therabouts, being deposed, saith that 
Goodman Winter said the coult was cutt, and tould him hee knew who cutt 
him. 

The Court doe request and appoint M' Hatherley to make enquiry con- 
serning a stray steere which is att Thomas Tildens, at the North Eiuer, in the 
bounds of Marshfeild, which steer M'* Eichards layeth claime vnto, and to 
vse his best endeavor to find out whether hee bee hers or noe ; and incase the 
right owner can bee found, and will pay the charges of his keeping, that then 
hee cause him to bee deliuered vnto them. 

Wheras a petition was prefered to the Coiut by John Hoare conserning 
the lands att Conahassett sold by M' Hatherley vnto sundry psons of Scittu- 
ate, which the Court haueing heard and considered of, haue ordered and doe 
request M"^ Hatherley to signify vnto those whom it consernes that the Court 
doth heerby requii-e them either to come to an equall deuision of the said 
lands, according to the deed, or to returne a reason vnto the Covirt wherfore 
they doe not at the next Generall Court ; vnles the pties shall see reason and 
shalbee willing to issue it by refering it vnto som endiiferent men, that they, 
together with John Hoare, shall thinke meete by joynt consent to refer it 
vnto ; the which latter wee desire may bee, as thinking it the best way to end 
the difference about it. 



COURT ORDERS. 

*The Bates of the seuerall Townes within this Jurisdiction for the Officers 

Wages. 

Plymouth, 03 : 14 : 00 

Duxbuirow, 03 : 07 : 04 

Scittuate, 06 : 01 : 00 

Sandwidge, 03 : 07 : 04 

Taunton, 03 : 07 : 04 

Yarmouth, 02 : 17 : 04 

Barnstable, 03 : 14 : 00 

Marshfeild, 02 : 17 : 04 

Eehoboth, 05 : 01 : 00 

Eastham, 02 : 14 : 00 

Sowams, 01 : 10 : 00 

Dartmouth is to pay 02 : 00 : 00 

40 : 10 : 8 

Wheras a petition was prefered by Robert Bartlet ynto the Court holden 
att Plymouth the 7"^ of October, 1652, therin requesting that wheras sundry 
speeches hatie pased from sofii who pretend themselues to bee the sole and 
right heires vnto the lands on which the said Eobert Bartlet now liueth, at 
the Eelriuer, in the townshipp of Plymouth, which hee, the said Eobert, had 
bestowed on him by his mother in law, M'^ Elizabeth Warren, in marriage 
with her daughter ; by which said speeches and passages the said Eobert hath 
ben dishartened in his proceeding either in building, fencing, &d ; the Court 
haueing taken the ^mises into serivs consideraoon, and haueing serched what 
the Court hath vpon record extant, and what could bee manifested vpon mem- 
ory by those that then were cheife and had speciall hand in carying on and 
menageing the former affaires of the countrey, and doe therby find that M'' 
Elizabeth Warren, who gaue the said lands vnto the said Eobert and others 
in like condicion, had power soe to doe, as being by an order of Court bear- 
ing date March the 7*'', 1637, and other actes of Court before, envested into 
the state and condicon of a purchaser, as in the said order is expressed ; the 
said Court doth by these presents, therefore, further ratify and confeirme the 
aforesaid actes of Court wherby the said Elizabeth Warren is declared to haue 
right to despose of the aforsaid lands, approueing and allowing of the aboue- 
said gift of land vnto the said Eobert Bartlet and others in like condicSn 
with him, to bee vailed to his and their heires and assignes for euer. 




5 October. 
Bradfoed, 

Goe. 
[n7.] 



.20 



PLYMOUTH COLONY RECORDS. 



1652. 

7 December. 
[Bradford, 
Governor.] 

[ns.] 



*Mt a Court of Assistants holden at JVcic Plymouth the T" of 

December, 1652. 

Before Wiliam Bradford, gen?, Gouef, John Alden, and 
Miles Standish, Thomas Willett, 

Timothy Hatherley, 

Gent, Assistants. 

WHERAS there is a beast tendered vppon specialtie from the estate of 
Edward Hall, and that the said beast is attached, which attachment is 
vntell the next March Court, and the said beast was to bee deliuered by the 
specialtie the twenty -fift of this f sent month ; the Court doth order Constant 
Southworth to take order for the wintering of the said beast, and for what 
dammage may come either by the lose of the beast or the charge of the win- 
tering, to bee payable from the estate of the said Hall vnteU it bee orderly 
tryed ; and the said beast, when shee is deliuered, is' to bee vallued by two 
indifferent men. 

Wheras Wiliam Brett hath formerly sold an house and land vnto Edward 
Hall, and that it doth appeer that there is not any record of the sale therof 
extant, the Court doth giue leaue vnto and order the said Brett to take posses- 
ion of the said house and lands againe. 

"Wheras att the Court held att New Plymouth June the foujrth, 1652, a 
suit was coinenced by the inhabitants of the Eelriuer against the townes of 
Sandwidge, Yarmouth, and Barnstable, for not building a bridge ouer the said 
riuer, according to order of Court ; the jurye then finding for the plaintifes, 
and assessed twenty pound dammage and the charges of the Court ; and the 
bridg now ouer the said riuer to bee to the countryes vse, judgment being 
then alsoe graunted by the Coui-t according to the verdict; and wheras a 
review of the said suite at the said Coui-t was alsoe graunted vnto the agents 
of the abouesaid townes, whervppon, as hopeing alsoe the said townes and 
pties in difference would seasonably compound the said differences about the 
^mises, execution hath been stayed; but forasmuch as nothing hath heth- 
erto been donn either by composition or further procecution of the review 
graunted, — 

The Court doth therfore order, that incase the said townes doe not come 
to composition with the abouesaid plaintifes betwixt this fsent day, being the 
T^ of December, 1652, and the Generall Court to bee holden at Plymouth 



COURT ORDERS. 

aforsaid the fii-st Tusday in March next, that then execution shalbee graunted 
vnto the abouesaid inhabitants of the Eelriuer to recouer by destraint what 

the jurye as abouesaid hath awarded. ^ December. 

[Bbadfokd, 
gotebnoe.] 




*Att a Generall Court holden at Plymouth the first of March, 1652. 1 6 5 2-3. 



Before Wiliam Bradford, gent, GoQ, John Browne, 

Thomas Prence, John Alden, and 

Miles Standish, Thomas Willet, 

Timothy Hatherley, 

Gent, Asistants. 

WHERAS Edward Hall is departed the gouerment, endebted vnto divers 
men much more than his estate will amount vnto and satisfy, the 
Court, haueing seriusly considered of the p>mises, doe order that the estate 
shalbee equally devided vnto such creditors as can make full proof of theire 
debts proportionable to what is owing them from him, and that all such shall 
repaire vnto Cap? Standish, M' Alden, M' CoUiare, and Constant Southworth, 
of Duxburrow, betwixt this ^sent day and the first of May next ensuing the 
date heerof ; the said Capt Standish and the rest aboue expressed being those 
whom the Court haue deputed to haue the ouersight of the desposing of the 
said estate according as is aboue mensioned ; and all such as shall neglect to 
come in and make claime of theire debts by the time aboue prefixed shall lose 
theire proportion of the aforsaid estate. 

Wheras complaint is made that som of the nalghbouring Indians of the 
towne of Eehoboth haue sustained great dammage in their come by the horses 
and other cattle of the said towne, and that the grandiurymen of Eehoboth 
haue been by the Court enquired of about it, and they know nothing of yt, 
M"^ Browne is requested and deputed by the Court to make enquiry of what 
dammage is donn them in that respect, and to see it satisfyed ; and that such 
■fences may bee made and repaired as ought to bee for preventing of future 
dammage in that behalfe ; and M' Browne is allsoe deputed to make enquiry 
about the man that seieth strong waters at Providence. 

The Court haue ordered Cap? Standish and M' Alden to provide portions 
but of the estate of Thomas Chillingsworth, deceased, for his children, and 
to take cecurity in the Courts behalfe for the right desposing of the said 



1 March. 

[*19.] 



22 PLYMOUTH COLONY KEGORDS. 

165 2-3. estate, ires of adminnestracSn being graunted ynto Joane Chillingsworth, 
'' ' wife of late deceased Thomas Chillingsworth, to adminnester vpon his said 

1 March. 
Beadpord, 6St3.te. 

^°^- Lres of adminnestrac6n are graunted vnto Grace, the late wife of Wiliam 

Hallowell, deceased, to adminnester vpon his estate ; and in regard of g>sent 
infeirmity, shee being not able to appeer at the Court, Captaine Standish and 
M"^ Alden are appointed to require her oath vnto the inventory of the said 
estate at home. 

Lres of adminnestracbn are graunted vnto Elizabeth, wife of the late 
deceased Robert Waterman, to adminester vpon his estate, and to pay the 
debts soe fare and by equall proportions as the estate will amount vnto. 
[*20.] *Constant Southworth is appointed by the Court to bee superviser of the 

will and estate of James and jNIary Lendall, both of them lately deceased, and 
to adminester vpon and despose of the said estate soe as according to his best 
decerning may most conduce to the good of the children of the said pties 
deceased ; the said children being desposed of by the Court vnto the care and 
tuission of him, the said Constant Southworth, the eldest of them haueing 
alsoe chosen him to bee her guardian. 

Wheras there hath been a contraversye long depending betwixt the three 
townes of Sandwidge, Yarmouth, and Barnstable on the one pte, and the 
inhabitants att the Eeh-iuer on the other pte, about a bridge ouer the said 
riuer, the said pties are agreed as foUoweth, videlecet : that the bridg built 
by the inhabitants of the EeMuer ouer the said riuer, at the place wher they 
now dwell, is and is allwaies to bee reputed theire owne, notwithstanding any 
former verdict of jury to the contrary ; and the said three townes, videlecet, 
Sandwidge, Yarmouth, and Barnstable, according to such proportions as are 
by them agreed on, are to pay vnto the said inhabitants the summe of twenty 
nobles, in good and currant pay of the countrey, as soon as may bee with 
conveniency, and soe all difference about the said bridge are ended. 

Thomas Huckens, of Barnstable, is allowed by the Court to draw and 
sell wine and strong waters vntell the next June Court. 
Fines and Sen- John Barnes haueing been diuers times psented to the Court for drunk- 

enesse, and sensm-ed by them for the same, and now coming into the Court 
drunke, is sentanced according to order of Court to iind surties for his good 
behavior. 

And for his approbrious speech in the Court vnto M' Hatherley, a niaies- 
trate then on the bench, hee is fined ten pounds. i 

John Barnes acknowledgeth to owe vnto the Court . 40 : 00 : 00 



sures. 



COURT ORDERS. 23 

Captaine James Cudworth the summe of . . . . 20 : 00 ; 00 165 2-3. 

Thomas Clarke the summe of 20 : 00 : 00 ' ' ' 

m_ J • • 1 • c 1 • • ^ March. 

ihe condicion, that if the said John Barnes hee of good behavior b^adfoed 
towards all mannor of psons, and appeer at the Generall Court to bee holden ^°'^- 
for this gouerment att Plymouth the first Tusday in June next, and not depart Keieased paing 
the said Court without lycence ; that then, &6. 

*To saue harmles and vndamnifyed Captain Cudworth and Thomas [*21.] 
Clarke from whatsoeuer dammage may come to them by John Barnes incase 
hee should breake his bonds for the good behavior, the whole estate of the 
said John Barnes doth heerby stand engaged to make good whatsoeuer dam- 
mage may come vnto the said pties in that behalfe. 

M'^ Joane Barnes, for frequently slaundering and defameing the children 
of Captaine Willett and the daughter of Gorge Watson, shee was sentenced 
to sitt in the stockes during the Courts pleasure, and a paper wheron her facte 
written in capitall letters, to bee made fast vnto her hatt, or near vnto her, all 
the time of her sitting there ; all which was performed, according to the 
sentance. 



6 April. 



Wheras wee haue intelligence out of our natiue countrey of danger that 1653. 
may bee towards vs in regard of the great varience betwixt the two nations 
of Holland and England, the Court haue ordered, that warrants bee directed 
to euery towne within the gouerment forthwith, to require them to make 
choise of two deputies for eich towne, to meet with the maiestrates att Plym- 
outh on Wensday, the sixt of Aprill next, and with them to treat and conclude 
on such milletary affaires as through Gods blessing may probably tend to our 

^sent and future safety. 

Aprill .the sixt, 1653. 

The Names of those that mett at Plymouth as Deputies for the seuerall 
Townes for the Ends aboue mencioned. 

f Leiftenant Southworth, 

^°^^^y®' 1 John Cooke. 

f Constant Southworth, 

' \ Leiftenant Nash. 

f Cap? Cudworth, 

' \ Sergiant Johnson. 

Sandwidge, James Skiffe. 

Taunton, Ensigne Purchase. 

( Sergiant Eider, 
Y^^^^tli' IJohnGorum. 



24 PLYMOUTH COLONY KECORDS. 

1653. ( Leiftenant Fuller, 

Barnstable, \ . ,^-11 

^^ bergiant Hinckley. 



jEehoboth, John Allen.J 



6 April. 
Bbadpokd, 

^°^- f M' Josias Winslow, 

Marsbfeild, 1 ,, t i -n ^r ^ 

[ M." John Bradford. 

C John Allen, 

Eehoboth, < ^ ^^ 

[ reeter Hunt. 

J M' John Doane, 

[ Richard Sparrow. 

The milletary orders agreed on and concluded are as foUoweth in the 
next pages. 
[*22.] *rirst, that the summe of fifty pounds bee raised of the seuerall townes 

within the gouerment, according to theire proportions in other rates, in such 
pay as will answare for our ptes, of the powder and shott, armes and lockes 
sent out of England, to bee reddy against such time as we shalbee required to 
answare for yt, and that the said powder and shott, &6, be receiued and kept 
for the ^sent att Capl Willets and M'' Paddyes warehouse att Boston. 

The Court haue ordered, that noe pson within this gouerment shall trans- 
port any provisions, or suffer any to bee transported, to either Duch, Trench, 
or other strangers, without lycence from the GoQ, or two or three of the As- 
sistants, on paine of forfeiting twise the vallue of the worth therof. 

That the milletary officers of euery companie shall ^sent the defects of 
the armes of theire companies at the next Court of Asistants. 

That a milletary watch in euery towne bee continnued vntell further 
order to the contrary. 

That all men, though aboue the age of sixty, bee required, either by find- 
ing a sufficient man, or in theire owne psons, to watch according to order, as 
shalbee agreed vpon in each towne, excepting such as through both age and 
pouerty are disabled, and that such widdowes as haue estates beare theire pte 
by finding one to watch according to theire proportions. 

The Court recoinend to euery towne to prouide soSi place or places to re- 
treat vnto, that thether they may bring theire wiues and children in time of 
eminent danger, for theire better securitie. 

That euery towne that shalbee defectiue in the want of a drumm att any 
time for the space of two monthes shall forfeite the summe of forty shillings 
to the coUonies vse. 

That shalbee defectiue in couUers the space of six months, foure pounds. 

That a considerable companie of halfe pikes bee provided in euery towne, 
att the charge of the towiishipp, videlecet, whef 80 men are able to beare 



6 April. 
[BRADrOKD, 



COURT ORDEES. 25 

armes, theire twenty to bee prouided, and soe proportionable to theire number, 1653. 
bee they greater or lesser. 

That euery towne prouide halberts for the sergiants of theire milletary 
conipanie. Goveknok.] 

*That euer towne that hath aboue fifty men bearing armes shall haue [*23.] 
powder answarable to a barrell for euery fifty men, and soe bullets proportion- 
able therunto. 

That noe man make an allarum without apparent danger. That incase 
one gun bee shott of in the night, whiles the milletary watch is kept within 
any towneshipp, yt shalbee taken as an allarum to the said towne, and an- 
swared by any man that shall heare the same. 

That three guns, or continued shooting, or the beat of a drumm, in the 
night shalbee an allarum, to bee taken from towne to towne. 

That incase any towne shalbee destressed by reall assault vpon them, 
such towne as haue a certaine intelligence therof shall afibard releife. 

That all such as are chosen clarke of any milletary companie shalbee 
swome ; and any that shall refuse to serue as dark for one yeare to bee 
fined twenty shillings, and hee that is next chosen and serues to haue the said 
summe. 

That one third of euery milletary companie shall bring theire armes, with 
powder and shott, to the meetings on the Lords day, both forenoone and after- 
noone, on paine of forfeiting, for euery one that shall neglect, two shillings and 
six pence for euery default, and such fines to belong to theire companie ; and 
this order to stand in force vntell further order to the contrary. 

The Court allow, and in the behalfe of the countrey doe engage to pro- 
vide the summe of thirty pound in good and currant countrey pay for to hier 
a guard for the GoQrs pson, and yt is refered vnto Cap? Willet and Leiftenant 
Southworth to hier such as may be fitt for such imployment. 

These psons vnderwritt stand engaged vnto Captaine Willett and Leif- 
tenant Southworth, to make good the said summe of thirty pounds, according 
to their proportions in the behalfe of theire seuerall townshipps. 

The comitties of Plymouth engage for theire towne. 

The coinitties of Duxbiurow for theire towne. 

M' Hatherley for Scittuate. 

James Skiffe for Sandwidge. 

Ensigne Purchase for Taunton. 

The comitties of Yarmouth for theire towne. 

The comitties of Barnstable for theire towne. 

The coinitties of Marshfeild for theire towne. 

VOL. III. 4 



26 PLYMOUTH COLONY RECORDS. 

1653. The comitties of Eehobotli for their e towne. 

'' ' The coinitties of Eastham for their towne. 

[Beadfoed *I^ regard of the many appeerances of danger towards the countrey by 

OTERNOB.O enimies, and the great nessessitie of counsell and aduise in that respect, the 
'■ "J Court thought yt meet to make choise of a counsell of warr, which according- 
ly were forthwith orderly elected. 

Theire names are as foUoweth : — 

These were M'' Bradford, President. 

confeirmed to ,,-r, ■••-•ti 

seme in the M' Prence, M-^Alden, 

same place for Cap? Standish, Cap? WiUett, 

another yeare, ^ 

M' CoUyare M"" Hatherley, Cap? Cudworth, 

and M' John nj- t> t -n a -i i 

TVinslow added M' Browne, Leifi houthworth. 

to them. 

These nine, or any three of them, being orderly called together, theire 
acte to be accounted in force, and they to bee continnued in theire places vntell 
the next June Court com twelue month. To bee orderly called, is ment be- 
ing summoned by the president or his deputie ; or incase of theire absence, 
any two maiestrates of the counsell of warr. 

That the counsell of warr shall haue full power to yssue out warrants to 
presse such a number of men in euery towne as by proportion the said towne 
is to sett forth ; and alsoe to yssue forth warrants to the said townes for armes 
and provission, and all things nessesary for them, and what charges shall 
arise, to bee leuied on each towne, proportionably as other publicke rates, and 
to giue comission to any cheife officer vnder their charges, either in time of 
peace or warr. 

If, by any ordering hand of Gods providence, such as are chosen comis- 
sioners are hindered that they can not appeer att the day appointed vntell a 
day or two after, the Court declare theire minds to bee, that notwithstanding 
they may acte, and theire actes in such case to bee accounted vailed and of force. 

In case both the comissioners bee ;p'sent at the next meeting att Boston, 
and doe not both sitt, then the Courts mind is, that neither of them shall acte. 

Leif? Fuller, Sergiant Johnson, and John Allen, of Eehoboth, haue takeii 
the oath of fidelhtie to the gouerment this Court. 

Constant Southworth is freed from being ensigne bearer of the millitary 
companie of Duxburrow. 

Leif? Wyate and Wiliam Newland both fined according to order for non 
appeerance, being chosen deputies. 

Memorand : that Leif? White bee warned to appeere att the June Court, 
to answare for his neglect in not convaying notice of danger. 



COURT ORDERS. 27 

*Att the Court of Asistants holden att Plymouth the 8^ of May, 1653. 1653. 

Before Cap? Myles Standish, deputed, in the absence of the Gouernor, to bee 

in his place, and John Alden, and Thomas Willett, gen?, Asistants. GoO. 

[*25.] 

CONCERNING the difference betwixt Cap? Standish and Josepth Beedle 
about a debt of twenty bushells of Indian corn due to the estate of 
Henery Drayton, deceased, the Court doth order, that the said Josepth Beedle 
shall forthwith make paiment therof vnto Cap? Standish, according to en- 
gagement. 

A neager maide seruant of John Barnes, att this Court accused John 
Smith, Seni, of Plym, for receiueing tobacco and other things of her which 
were her said masters, att sundry times, in a purloineing way. The Court 
heard what coidd bee said on both sides, and because stifficient testimony could 
not bee att ^sent produced for the clearing of the case, it was ordered, that the 
said pties should attend the next Court of Assistants for further hearing, and 
then produce what testimony they haue for the clearing therof. 

Vpon occation of the difference betwixt the said neager and the said 
John Smith, the said Smith accused John Barnes in open Court, and said that 
Samuell Dunham said, att the house of Gorge Watson, on Tusday last past, 
before the date heerof, that there was soe much liquore drunke att the house 
of John Rickard the same day, wherof John Barnes dranke soe much as hee 
coming into the house of the said Samuell Dunham, and assaying to drinke a 
pipe of tobacco, hee filled his pipe and could not light it, and that he should 
in a threatening way say hee had two rodds in pise for him and Goodwife 
Whitney. 

*May the 3^. Wheras by order of Court, bearing date March 4"', 1652, 3 May. 
Cap? Miles Standish, M-" John Alden, M' Wiliam CoUyare, and M"^ Thomas [*26.] 
Dexter, Senior, or any three of them, were comissionated by the said Court, 
that incase such as haue theire seuerall allotments of land vndevided att Con- 
ahassett should neglect to bring the bounds of theire seuerall allotments to the 
psons first chosen and appointed to record those lands within eighteene dales 
next after the day of the date of the aforsaid order, to see the thing done with 
the first conveniency, which bounds of the said lands haue not hetherto been 
either brought or recorded ; this Coui-t doth therefore require that all those whoe 
are conserned in the aforsaid business doe giue meeting at Scittuate vnto the 
aforsaid psons soe coinissionated as aforsaid the 25' of this gisent month, that 
the said busines about the said land may bee issued according to order. 



28 



PLYMOUTH COLONY RECORDS. 



1653. 

3 May. 

Bradford, 

GoG. 



Wheras the jury hath gone vpon the bodyes of John Barker and John 
Browing, wee find that these men came by theire death by the casualty of 
the sea, and by noe otherway, by our best apprehencions, December the 14th, 
1652. 

The juries names that viewed the dead bodies of the abouesaid men 



Kenelme Winslow, 

Robert Caruer, John Bourne, 

John Dingley, Ralph Chapman, 

Josepth Beedle, Jeremiah Burrow, 

Edmond Hinksman, John Granger, 

Moris Truant, Josepth Roese, 

John Hewes, Robert Barker. 

•Presentments by the Grand Enquest. 

Wee present Richard Templer, of Yarmouth, for stealing certaine caggs 
of oysters from "Willram Nicolson, of Yarmouth. 

Wee psent Richard Templer aforsaid, for stealing of a lock of gunn from 
Isacke Wells, of Barnstable. 

Wee p'sent AUice Berry, of Yarmouth, for stealing of an neckcloth from 
Wiliam Pearce his wife, of Yarmouth. 

Wee f>sent Francis Baker, of Yarmouth, for retailing of wine contrary 
to order of Court. 

Wee ^sent ^ for want of a paire of stockes and a whiping post. 

Wee ;Psent the townshipp of Duxburrow for want of a pound, a paire 
of stockes, and a whiping post. 

Wee psent the townshipp of Marshfeild for want of a pound, and a paire 
of stockes, and a whiping post. 



[*27.] *The counsell of warr mett att Plymouth, on the 12* of May, 1653, 

videlecett, M'' Thomas Prence, presedent, Capt Myles Standish, M' Timothy 
Hatherley, M"" John Alden, Cap? Thomas Willett,Cap? James Cudworth, and 
Leiftenant Thomas Southworth. 

Haueing receiued intelligence from the coinissioners mett att Boston, 
of theire agitations about and conserning a warr with the Duch in these 
ptes of America, and serivsly weyinge and delibberating vpon such ground 
and reasons, with theire cercomstances as by the said comissioners haue 
been propounded enduceing therxinto, they came to these conclusions fol- 
lowing : — 



Richard Tem- 
plar, being 
found to bee a 
seruant to an- 
other att this 
time, was en- 
ioyned to pay 
according to 
order in that 
case prouided. 

Cleared. 



COURT ORDERS. 29 



3 May. 
Bbadpowj, 



Videlecett, that whatsoeuer shalbee vndertaken or donn in, aboute, or 165 3. 
conserning the said warr, or any thinge conduceing therunto shalbe acted and 
goe forth in the name and by the authoritie of the state of England. 

gcondiy_ That in case theire shalbee a concurrance of the other jurisdictions '^o''- 
with vs heerin, vizj, all things acted in and aboute the ^mises, shalbee acted, 
vnder God, in the name of the state of England as aforsaid ; and that vpon 
returne of the messengers sent by the comissioners to the Munhatoes, or other 
certaine intelligence, further grounds and reasons shall appeer to bee of weight 
nessesitateing a warr with the said Duch, they will bee in a reddlnes, through 
the healp of of God, to assist and engage therinn according to theire propor- 
tions and vtmost abillities. 

And for that end and purpose preperacbn was made as followeth : — 

Warrants were issued out, in the name of the state of England, for the 
pressing of the number of sixty men, able and fitt for warr, if need shall re- 
quire, which number was to bee taken out of the seuerall townes within this 
jurisdiction according to theire proportions, vizj : — 

Out of Plymouth, . . 7 Yarmouth, .... 6 

Duxburraw, .... 6 Barnstable, .... 6 

Scittuate, 9 Marshfeild, .... 6 

Sandwidge, .... 6 Kehoboth, .... 6 

Taunton, 5 Eastham, .... 3 

The constables of the seuerall townes were ordered, by the warrants di- 
rected vnto them, to haue these proportions of men in a reddines, and to giue 
notice vnto theire seuerall townes to provide sufficient armes for euery man 
that shalbee pressed out of theire seuerall townes as aforsaid. 

The comaunders chosen and appointed to goe forth on the said expedition, 
incase there shalbee occation are Cap? Myles Standish for captaine, Leiftenant 
Thomas Southworth for leiftenant, and Hezekiah Hoare, of Taunton, for ensigne. 

*An order was alsoe passed, in the name of the state of England, for to r*28.] 
prohibbite the transporting of any prouisions out of the jurisdiction, either corn, 
biskett, beefe, porke, cheese, butter, &6, without lycenc from two maiestrates, 
on paine of forfeiting the whole, the one halfe to the enformer, and the other 
halfe to the coUonies yse ; and this order to stand in force vntell further order 
to the contrary. 

Moreouer two barkqes were alsoe pressed to attend the expedition afor- 
said, videlecett, the barkqe in which Gorge "Watson sayleth, together with 
him the m' therof, and John Smith, Junior, of Plyfn, and Josepth Green, with 
all things belonging to the said barkqe, neessearie for the said expedition. 



30 PLYMOUTH COLONY RECOKDS. 

1653. In like mannor the barkqe in which Eichard Knowles sayleth, -vvitli him 

^ ^ the master therof, was pressed for the same purpose, with John Younge and 

3 May. 

BaADPOED Wiiiam "Walker, and all things nessearie for theire vse belonging to the said 
Goe. barkqe. 

Memorand : that a query bee made vnto the next Court whether such 
psons as are pressed to goe forth as souldiers on publicke seruice, &6, theire 
estates shalbee lyable to bee rated, notwithstanding, towards the paiement of 
theire wages or not. 



7 June. *M the Generall Court of Election holden att JVew Plymouth the 
[ ^^-l seauenth of June, 1653. 

Befoke Wiliam Bradford, gentleman, GoQ, and John Browne, 

Thomas Prence, John Alden, and 

Myles Standish, Thomas Willett, 

Timothy Hatherley, 

Gentlemen, Assistants, &d. 

M« WILLAM BRADFORD elected GoQ, and sworne, and hath liberty 
graunted him to choose a deputy in his rome if hee should haue occa- 
tion to bee absent any pte of this yeare. 

M'^ Thomas Prence, 
Gapt Myles Standish, 
M'' Tymothy Hatherley, 
M' John Browne, 
M'^ John Alden, and 
Cap? Thomas Willett, 

Leif? Thomas Southworth not sworne. 

M'' Thomas Prence and M'' John Browne chosen comissioners for the 
following yeare, and Capt Willett the next in nomination. 
Capt Standish chosen Treasurer. 

Freemen admitted this Court, and sworne. 

M' Anthony Fames, Richard Beare, 

Marke Fames, Samuell Arnold, 

Austine Bearce, Samuell Fuller, 

Robert Studson, John Williams, JunT, 

Fdmond Weston, Isack Chettenden, 



chosen Assistants, and sworne. 



COURT ORDERS. 



31 



Leif? Mathew Fuller, 
Zacariah Soule, 

The Names of sucli as stand propounded 

Hezekiah Hoare, 
Gorge Macye, 
+ Kichard Paule, J 
Wiliam Haruey, 
Jolin JoUop, 

t John Soule, t 
J John Keith, f 

John Bryant, 
Wiliam Eandall, 
Wiliam Harlow, 
Wniam Clarke, 
Robert Barker, 
Steuen Bryant, 
John Washburn, Juni, 



Richard Sares. 

to take vp theire Freedome. 

Abraham Sampson, 
James Naighbour, 
John Scudder, 
Josepth Coleman, 
Nathaniell Warren, 
Henery Attkines, 
Wiliam Spooner, 
James Shawe, 
James Tory, 
Thomas Lettice, 
Gyles Rickard, JunT, 
Beniamine Bartlett, 
Beniamine Pratt. 



1653. 



7 June. 

Bradfoed, 

GoS. 



*The Cunstables of the seuerall Townes 
Plymouth, 

Duxborrow, . 



Scittuate, . 

Taunton, . . 

Yarmouth, 

Barnstable, 

Marshfeild, 

Sandwidge, 
Rehoboth, . 
Eastham, . 



John Keith. 
( Abram Sampson, 
\ Thomas Haward, Juni. 
( Josepth Coleman, 
I Wiliam Randall. 

Wiliam Parker. 

Francis Baker, absent. 

John Finney, absent. 

Robert Latham, 

Richard Beare. 

Richard Chadwell, absent. 

Robert Martin. 

Thomas Payne. 



The Deputies of the seuerall Townes. 
M' John Howland, 



Plyffi, 



Duxburrow, 



Leifteii Southworth, 
John Dunham, Senier, 

. John Cooke. 

( Gorg Soule, 

\ Constant Southworth. 



[*30.] 



32 



PLYMOUTH COLONY RECOKDS. 



1653. 



7 June. 

Bradford, 

GoB. 



Scittuate, . . 
Sandwidge, 
Taunton, . . 
Yarmouth, 
Barnstable, 
Marshfeild, 
Rehoboth, . 
Eastham, . 



f Thomas Byrd, 
\ Humphry Turner. 

Thomas Tupper, 

James SkiiFe. 
f Leiftenant Wyatt, 
\ Richard Williams. 

M' Thomas Howes, 

M' Edmond Hawes. 
( Anthony Anable, 
\ Nathaniell Bacon. ' 

{Kanelme Winslow, 
M' Anthony Eames. 
M' Steuen Payne, 
M' Thomas Cooper. 
M' John Done, 
Richard Higgens. 



The Grandinquest. 
Richard Sparrow, John Scudder, 



Austine Bearce, 
M' John Joyce, 
Henery Howland, 
John Tisdall, 
Daniell Winge, 
Edward Perry, 
John Williams, JunT, 
John Bryant, 



Henery Attkins, 
Wiliam Harlow, 
Samuell Sturtivant, 
John Dillingham, 
John Washburne, Juni. 
Thomas Tilden, 
Wiliam Sabine, 
Josepth Pecke. 



Samuell House and Gorge Masye, both absent. 



Plym, 



Dux%, 



The Survayors for the Hiewaies. 
John Moses, 



Scittuate, 



Sand, 



Christopher Winter, 
Thomas Morton. 
Edmond Weston, 
Thomas Bonney. 
John Hewes, SenT, 
Ephraim Kemton. 
M' Edward Dillingham, 
Richard Bourne. 



COURT ORDEES. 



33 



Taunton, . . . 

Yarmoutli, . . 
Bamsta, 

Maishfeild, . . 

Rehoboth, . . . 
Eastham^ . 



{John Cobb, 
Wiliam PhilUps. 
■ M' Anthony Thacher, 

John Hall. 
( Henery Rowley, 
1^ John Tompson. 

Robert Caruer, 

Wiliam Maycomber. 
[ Richard Bowin, 
\ James Redaway. 

Nicolas Snow, 

M' John Freeman. 



*M' Wiliam CoUyare, 

Cap? Cudworth, and 

Leiftenant Southworth, 



'together with some of the maiestrates, are ap- 
ointed to view the writing lately sent out of the 
Bay, and compare it with the articles of confed- 
erac6n, and to giue in theire thoughts about it 
vnto the Court they are to meet the first Tus- 
day in July next. 

Cap? WiUett, Cap? Cudworth, and Josias Winslow, Sen"", were appointed 
to take the account of the Treasurer, which is as foUoweth : — 

Debts due to the collony, 143 : 00 : 03 

Disbursed for the collony, 050 : 04 : 06 

Rests due to the coUony, 092 : 15 : 09 

More, Eastham oweth a barrell of oyle, . 002 : 00 : 00 

Besides the stray steere as yett vndesposed of j alsoe the Kennebeck rents not 

meddled with nor accounted for. 

THOMAS WILLETT, 
JAMES CUDWORTH, 
JOSIAS WINSLOW. 

The sume of eight pounds is allowed by the Couit vnto the Treasurer, 
in recompence for his trouble and paines hee hath had as being Treasurer. 

The summe of fifty pounds due for our pte of the powder, shott, and 
armes lately come out of England, is answared out of the countreys stocke, 
all but that which remaines due from the townes, according to theire propor- 
tions, as foUoweth : — 

VOL. III. 5 



1653. 

' Y 

7 June. 

Bkadpobd, 

Goe. 



[*31.] 




7 June. 
GqB. 



PLYMOUTH COLONY RECORDS. 

Plymouth, 01 : 17 : 00 

Duxburrow, 01 : 13 : 00 

Scittuate, 03 : 00 : 06 

Sandwidg, 02 : 03 : 08 

Taunton, 01 : 13 : 08 

Barnstable, 01 : 17 : 00 

Yarmouth, 01 : 13 : 00 

Marshfeild, 01 : 13 : 08 

Eehoboth, 03 : 00 : 06 

Eastham, 01 : 07 : 00 

Ordered, that the fiue barrells of old powder, with iiue hundred waight 
of ledd, att the Treasurers, with ten guns, and ten swords, and twenty bealts, 
& ten lockes, all which are the countreys, shall equally bee deuided to eueiy 
towne ; and Cap^ Willett and Leiftenant Southworth, or either of them, are 
to see them deuided. 
[*32.] *Conserning a debt due to Captaine "Willett and M' Paddy, from Edward 

Hall, which is four pound and 4% the Court doth order, that when oath is 
made to the bill, it shalbee payable out of the said estate, according to the 
order provided in that behalfe. 

In answare vnto two petitions prefered vnto the Court, the one by M' 
Josepth Tilden and Steuen Tilden, and the other by Leiftenant Peregrine 
White, the Court haue, ordered that M' Hatherley, as soon as conveniently bee 
can, that hee impannell a jury to lay out a way for the said Josepth and 
Steuen Tilden, vnto the island commonly called Hatches Hand, and vnto the 
iland called Coopers Hand ; and alsoe a way between Leifte White and M' 
Hinksman, and alsoe seuerall wayes from naighbour to naighbour alonge by 
the sides of the North and South Riuer ; the said wayes to bee layed out with 
as much conveniency and as little p>iudice as may bee. 

Wheras vpon a former petition prefered vnto the Court by John Hoare, 
wherin hee complaineth of neglect of pformance of a Court order for the set- 
tleing of the land ah-eddy deuided att Conahassett to make way for a farther 
deuission, and the Court doth find that through vnexpected occations and 
feares of troubles this hath been neglected, therefore the Court doth heerby 
order and require them that were first appointed to record those seuerall allot 
ments, or soe many of them as will bring in theire bounds of the said allot 
ments vnto them, that they forthwith record them, and retui-ne the said rec 
orfjs into the Coui't att the next Court of Assistants, that soe the Court mav 
judge of the equallity of it, and soe confeirme the same : aud incase any psons 



COURT ORDERS. 35 

doe refiise to bring in theire bounds to bee recorded and ^sented to the Court, 165 3. 

that you returne theire names vnto the next Court of Assistants, that soe theire ■" '' ' 

may bee an end of these contraversies. 

Beadpobd, 

WILLAM BEADFOED, G°e- 

THOMAS PEENCE, 

MYLES STANDISH, 

JOHN BEOWNE, 

JOHN ALDEN, 

THOMAS WILLETT. 

Wheras there was a former order directed vnto you, Thomas Ensigne, 
beaiing date March the 4"*, 1652, enioyning you to returne vnto John Hoare 
the summe of thirty shillings, which was by him payed vnto youer assignes by 
an occation of a mistake of the jury, and was rectifyed in open Court, these 
are therefore to signify vnto you, that on the complaint of John Hoare vnto 
tiie Court that you haue not returned it, they haue ordered you heerby either 
to giue him satisfaction forthwith, or to appeer psonally att the next Court of 
Assistants, to bee holden att Plymouth the first Tusday in August next, to 
answare youer said neglect heerin. 

*The humble acknowKdgment of Willam Barstow, of Scittuate, made 9 June, 
before the Court holden att Plymouth the D"' of June, 1653, is as fol- [*33.] 
loweth : — 

Wheras a suite hath been commenced against mee, the said Wiliam Bar- 
stow, by M'' Charles Chaimcy, pastor of the church of Christ att Scittuate, for 
slaundering him, the said M"^ Chauncy, in saying that hee was the cause of 
the death of my brother. Gorge Barstow, late deceased ; and alsoe in saying 
that hee, the said M' Chauncy, sent his bulls abroad to the church att Cam- 
bridge, wherby my said brother was hindered from coinunion with the said 
church, which was the cause of my brothers death, through excessiue greife ; 
in all which expressions and sayings I doe humbly and freely acknowlidge 
that I haue donn the said M' Chauncy mannifest wronge, and that in all the 
abouesaid slanderus speeches and expressions I haue spoken both inconsider- 
ately and vntruely ; and in speciall in saying approbriusly that hee had sent 
forth his bulls, as is aboue expressed. I doe alsoe acknowlidge that I haue 
wronged this honored Court in being an occation of trouble vnto them through 
my indescretion. I ame likwise humbly thankfuU vnto M' Chauncy for his 
reddines to receiue soe reasonable a satisfaction, whoe might justly haue 
required what the law hath awarded mee to make good vnto him. I desire 



36 



PLYMOUTH COLONY KECORDS. 



1653. 

' — V 

9 June. 

BllADrORD, 

Goe. 



[*34.] 

Allice Berry 
sentenced, for 
this and other 
doeings of like 
nature, sen- 
tanced to sit in 
the stockes for 
the space of au 
houre att Yar- 
mouth in som 
puhlick place. 

Cleared by 
payinge the 
fine. 



Fined 50 shil- 
lings. 



to take notice of euill agrevated, in not onely soe speaking against him as hee 
is an emenent Christian, but alsoe as hee is a minnester of Jesus Christ, soe 
as my fault therin reflecteth on Christ himselfe ; and I shalbee reddy seasona- 
bly to acknowlidg what I now doe in the ^mises att Scittuate in the open 
assembly, before M' Chauncy, and att Boston, att such places, and before such 
psons as haue been heares of the aforsaid slaunderus speeches and vnjust accu- 
sations ; and I desire that this sad experience of my aptnes to ofend God and 
his people may bee a motiue vnto mee to sett a better watch ouer my tongue 
and waies for the future ; soe humbly requesting the ;Pmises may giue satis- 
faction to all whom I haue oifended, espetially vnto my reuerent firind, M' 
Chauncy, whom next vnto God I haue most offended by my said vnbridled 
speeches, I humbly rest. In witnesse of the truth of what I haue spooken in 
the said premises, I haue subscribed my hand the day and yeare aboue 
written. WILLAM BARSTOW- 

*Presentments by the Grand Enquest. 

Wee ]^sent Allice Berry, of Yarmouth, for goeing into the house of 
Samuell Arnold, and taking bacon and eggs when there was noe body att 
home. 

"Wee psent Edward Holman, of Plymouth, for being drunke. 

Wee ;psent John Lewis, of Scittuate, for attempting the chastity of 
Lydia, the wife of Nathaniell Rawlins. 

Wee ^sent the towne of Scittuate for not keeping theire pound in suffi- 
cient repaire. 

Wheras wee haue enformacbn of John Marchant, of Yarmouth, his 
attempting the chastety of Annis, the wife of Thomas Phillips, of the said 
towne, but haue not as yett oath of it, wee leaue it to the next jury to enquire 
after. 

Wee ]p'sent M' Wiliam Leueridge, of Sandwidge, for ehaunging a gun 
with an Indian, contrary to order of Court. 

Wee pisent Gyles Rickard, Senior, of Plymouth, for laciuius carriages 
towards Mary, the daughter of Barnard Lumberd, of Barnstable. 

Wee ^sent the toWne of Rehoboth for not choosing and ^senting theire 
milletaiy officers to the Court, according to order. 



Pines. 

Wiliam Bassett, Senior, for neglecting to publish and make knowne an 
order directed to him from the counsell of warr, prohibiting provisions for 
being transported out of the collonie, is fined ten shillings. 



9 June. 
Bradfobd, 



COURT ORDERS. ;37 

Leiftenant "White, for neglecting to giue speedy notice of danger when 1653. 
order sent vnto him by a maiestrate to that purpose, and for not convaying 
speedily a letter directed from the coinissioners, videlecete, M'^ Bradford and 
M' Browne, the said Leiftenant White is fined fifteen shillings. GoS- 

Edward Holman, and Martha, the wife of Thomas Shriue, warned by 
the Court to keep out of the companie of each other, on prill of suiFering cor- 
porall punishment by whiping. 

An order was likewise passed from the Court requiring that Teag Jones 
and Richard Berry, and others with them, bee caused to part theire vnciuell 
liueing together, as they will answare it. 

* tres of adminnestration are graunted by the Court vnto Anna Barker, [*35.] 
widdow, the late wife of John Barker, deceased, to adminnester vpon his 

. . . . . John Wjl- 

estate ; and shee hath giuen cecuritie vnto the Court to giue m an account of Uams, Junier, 
her said adminnestratorshipp when she shalbee therunto required; and John ^^"^'"^ ° 

^'^ -1 ' these engage- 

Williams, Junier, standeth bound vnto the Court with her for the same. ments, and 

Abraham 

Furthermore, the said Anna Barker, widdow, doth by these ^sents engage Blush standeth 
and giue vnto her three daughters, Anna, Debora, and Mary, the summe of ^^ead as aisoe 
ten pounds apeece, to bee paied vnto them when they are of the age of twenty appeereth by 

cecuritie giuen 

one yeares ; and as any of them shall come to bee of the said age, that then by him under 
theire said ten pounds shalbee deliuered vnto them in good and currant pay, or 

Abraham 

six monthes after the day of theire marriage; and incase any of them die Blush cleared 
before they bee of the age of twenty one yeares or are married, that then the ment by paying 
said summe of thirty pounds bee notwithstanding equally deuided amongst the legacies 
those of them that shall surviue. pressed. 

Wheras Josias Cooke, late of Eastham, att the time of his marriage with 
Elizabeth, his wife, somtimes the wife of Steuen Dean, deceased, did engage 
to pay seuerall portions vnto the children of the said Steuen Deane, as appeer- 
eth vpon record, these are to testify and witnesse that the said Josias Cooke 
came into the Court, and did make it appeer vnto the said Court that bee hath 
fully cleared, payed, and satisfyed whatsoeuer was due vnto the children of 
the said Steuen Deane, or any of them, on that accoumpt and behalfe. 

Wheras, by reason of age and weaknes, the widdow Hick, wife of the 
late deceased Thomas Hick, of Scittuate, cannot appeer in Court to make oath 
to the inventory of his estate, and for like reason, alsoe, the witnesse of the 
will of the said Thomas Hicke cannot appeer in Court to make oath thervnto, 
the Court haue ordered M' Timothy Hatherley and M' Thomas Robenson to 
take theire oathes att home, and ^sent them to the Court. 

Wheras complaint is made of Thomas Brayman, of Taunton, that by 



38 PLYMOUTH COLONY RECORDS. 

1653. reason of a distracted condicSn in which hee is, that both himselfe and wife 
'' "^ are out of any imployment which may conduce to theire maintanence and 

9 June. 

Beadpoed subsistance, the Court haue ordered, that such of the towne of Taunton whoe 
^°^- are deputed by the said towne to order the especial! aifaires therof shall des- 
pose of the said Brayman as they shall thinke meet for one in such condicbn, 
and that his wife bee putt forth to seruice, beinge younge and fitt for the same, 
and haueing noe other way soe likely to procure her mayntanance. 
[*36.] *The Court haue ordered, that James Cole, the ordinary keeper of Plym- 

outh, that his pay for what hee expendeth in keeping the ordinary shalbee 
payed in good and marchantable pay, either att Boston or Plymouth ; and hee 
is to make such provisions of nessearies as shalbee reqesite for the entertain- 
ment of strarngers. 

Josepth Laythorpe is allowed by the Court to keep an ordinary att Barn- 
stable. 

John Ellis approued by the Court to bee leiftenant oiF the milletary com- 
panie att Sandwidge. 

Samuell Eider approued by the Court to bee leiftenant of the milletary 
companie of Yarmouth, and M' Wiliam Hedge to bee ensigne bearer of the 
said companie. 

Ordered, that the milletary watch, lately sett vp, bee layed downe and 
cease for the j^sent. 

Ordered, that all such as were pressed by warrants, issued out by the late 
counsell of warr, bee forthwith released. 

A certaine contravercy betwixt John Barnes and Winnefred Whitney 
being refered vnto INI'^ Prence, M"^ Browne, M'' Hatherley, Captaine Standish, 
M'^ Alden, and Capl Willett, to heare and issue conserning the said John 
Barnes his affeirming that the said Winnefred Whitney had testifyed three 
lyes in open Court, the said John Barnes, being not able to make proofe of 
his accusation, hath acknowlidged his fault in soe speaking, accordingly as 
hee did ingage to doe incase hee could not make proofe therof. 

Wheras diuers complaints haue come vnto vs of great dammages that 
haue come vnto sundiy men through badd caske made by some of the coopers 
of this jurisdiction, — 

These are, therefore, to giue notice and require, that whatsoeuer caske 
shalbee made for the future within this jurisdiction for any liquide thinge, as 
oyle or tarr, &d, shalbee made sufficiently servicable for that end and purpose ; 
and if they shall soe bee, that then the said coopers shalbee satisfyed accord- 
ingly ; and if after this order published, any shalbee found to make any such 
faulty caske, vpon due notice giuen therof, they shalbee lyablc to make good 
such dammages as shall come therby. 



COURT ORDERS. 39 

*Att a Court of Assistants holden att Plymouth the 2"^ of August, 1653. 

165S. T7^" 

2 August. 
Bradpoed, 
Befoke "Wiliam Bradford, gen?, GoG, and goO. 

Timothy Hatherley and Thomas Willett, [*S1.] 

Gentlemen, Assistants, &6. 

WHEE.AS a contravercy depending betwixt John Smythj Seni, of Plyiii, 
and a neager maide servant of John Barnes, was refered, for want of 
clearer euidence, vnto this Court to bee ended ; and accordingly whatsoeuer 
could bee said on either side was heard ; and with admonission, both pties 
were cleared. 

Vpon a complaint of John Phillips against Josepth Roes, for none paie- 
ment of a debt of six pound due vpon bill, an order was directed vnto M"^ 
Alden as foUoweth : These are to request you, that wheras there is a debt 
due vnto Josepth Roes from John Browning, deceased, and that certaine goods 
of the said Brownings are in the custedy of the cunstable of Marshfeild vn- 
desposed of, that you would take course that the said goods of the said Roes 
may bee equally deluded betwixt the widdow Waterman and the said Josepth 
Roes J and that soe much as shalbee the pte of the said Roes, that it bee 
deliuered vnto the said John Phillips, to answare pte of the debt of the said 
Roes, accordingly as hee hath assigned it. 

Robert Barker desired some course might bee taken for the laying out of 
the meddow allowed him att Namassakeesett, and was refered vnto those that 
were first deputed by the Court to doe it, according as it was ordered by the 
Court att the graunting therof. 

The relation of the death of Thomas Bradly, single man, of Portsmouth, in 
Road Island, whoe was found dead on the ' hieway towards the iland 
aforsaid, July 24, anno 1653, as foUoweth : — 

Imprimis, the said Thomas came fi:om Bridgwater to Taunton on July 
23, by eight of the clocke in the morning ; and by nine of the clock following 
departed thence, in health, for ought was deserned. 

Item, about two houres before sunseting, on the same day, one John 
Smith, of Taunton, coming fromward the said island, mett the said Thomas 
on his reddy way toward the said island, near vnto the place wher hee was 
found dead, reeling toe and firoe as if hee had been drunken ; of whom the 



40 PLYMOUTH COLONY RECORDS. 

1653. said John enquired how fare it was to Assonett, to which hee softly answared 
^ that hee could not. tell; and when they were som space of ground asunder, 

2 August. 

Beadfoed ^"-^ ^^^^ John Smith saith that hee looked backe, and saw him fall downe and 
GoS. i-Jse vp againe. Now, considering that the said Thomas was of body nimble 
and of a reddy and able speech in his common guise, and soe was that morn- 
ing att Taunton aforsaid, wee doe conceive that his reeling toe and froe on the 
way, and his faintnes and scantnes of speech, came from weaknes, imoder- 
ate heat, and decay of his vitalls, as both his fall and his death neare vnto the 
place hath made it to appeer. 
[*38.] *Item, on July 24, about 10 of the clocke in the forenoone, one Tobias, 

an Indian, dweling neare to Namaskett, trauelling from Road Island afor- 
said, came to the place where the said Thomas lay ; and seeing him ly in the 
way on his backe, with his hands on the other side of his brest, and supposing 
him to bee asleep, spake to him, and on his silence, moued him, by which 
pceiueing him to bee dead, and that froth and foame was on his lipps, hee 
went to the next plantation of Indians, and procured some of them to abide 
by the corpes, that the deuouring wild beasts of the woods should not prey 
on it, whiles hee conveyed tidings therof to the English att Taunton on the 
one side, and other Indians to Aquitneck on the other side. Whervpon the 
cunstable of Taunton procured two men to goe with the said Tobias by water 
vnto the place wher the dead corpse lay, whoe brought it vp to Taunton afor- 
said; and the cunstable and some other inhabitants of Portsmouth aboue 
named came vp by water vnto Taunton aboue written, where by the cunstable 
13 men were chosen, of both townes some, to view the said corpse, whose 
names are heer vnder written ; whoe, vpon view and consideration, find that 
by extremity of heat the said Thomas was overcome, and soe perished by him- 
selfe in the wildernesse. « 

The names of the 13 chosen, as aboue mensioned, were, — 

Robert Crosman, 

James Bates, 

Wiliara Hedges, 

Richard Paule, 

Aron Knapp, 

Clement Maxwell, 

John Cobb, 

Nathaniell "Woodward, 

Richard Stacy, 

Edward Rew. 



Of Taunton, 



COURT ORDERS. 



41 



Of Portsmouth, 



p me. 



Eichard Cissell, 
Samuell Wilson, 
Thomas Cornhill. 
WILLAM PARKEE, 

Cunstable off Taunton. 



1653. 

2 August. 

BnADroiU), 

GoS. 



*Att the Generall Court holden att JVew Plymouth the 4'* of 4 October. 

October, 1653. [*39.] 

Befoke Wiliam Bradford, gen?, GoQ, Timothy Hatherley, 

Thomas Prence, John Alden, and 

Miles Standish, Thomas Willett, 

Gentlemen, Asistant in gouerment, &(3. 

IN answare to a petition prefered vnto the Court by such as were pressed 
out of the towne of Scittuate to goe forth as souldiers, wherin they re- 
quested that such nessesarie charges for theire diete during the time of theire 
said presse, and such like expences, as alsoe for theire losse of time and other 
hinderances in attendance on the said entended expedition, might bee defrayed, 
the Court ordered that forthwith course bee taken with those that are appoint- 
ed to order the affaires of the said towne that such charges as are found requi- 
site to bee defrayed in the aforsaid respectes bee answared and defrayed by 
the inhabitants of the said towne of Scittuate. 

Vpon the request of M' Dexter, Senior, it was ordered, that two men bee 
sent downe to Barnstable, whom the Court shall depute to sett att rights the 
linnes or ranges of such lands as are in contraversy betwixt him and the 
naighbours adiacent, vnlesse they shall agree about the same amongst them 
selues. 

Presentments by the Grand Enquest. 

The grand enquest to the honored Court as foUoweth, vizj : — 

"Wee ^sent John Marchant, of Yarmouth, for misdemeaning of himselfe Fined fifty 
in words and carriages with and towards Agnesse, the wife of Thomas ^ ' ^^' 
Phillips. 

Alsoe, wee request that an oath of the clai'kes of the milletary companies 
bee framed and exacted. 

Alsoe, wee request that there bee some appointed to require the oath of 
fidelitie in euery townshipp. 



VOL. IIL 



6 



42 



PLYMOUTH COLONY RECORDS. 



1653. 



Fines. 



4 October Robert Finney, for not seasonably apeering in Court to serue on tbe petty 

Bradpord, jury, being summoned, is fined fiue shillings. 

Nathaniell Warren, for the same default, fined fiue shillings. 



6 December. *Att a Couft of Asistaiits held tttt Plymouth the sixt of Decemr 
[*40.] her, 1653. 



Befoee Wiliam Bradford, gen?, Gouer"', 
Cap? Standish, 

Asistants, &<3. 



M"" John Alden, and 
Cap? Willett, 



IT was agreed, that an order bee directed to the cunstable of Taunton, that 
wheras Thomas Gilbert and John Tisdall were deputed to apprise a cow 
of John Bryants, of Taunton, a pte of the prise wherof is due vnto the treas- 
ury from the said Bryant ; and wheras they, the said Thomas Gilbert and John 
Tisdall, haue exchaunged the said cow for a worse, and haue sent it ; that the 
John Tisdall ^^^^ cunstable of Taunton doe signify vnto the wife of the said Thomas Gil- 

for vnfaithful- _ ° •' 

nes in priseing bert, hee being gone for England, that shee cause the cow that was att first 
chaunging the apprised to bee sent, and the other to bee fetched away, or otherwise that 
said cow, fined JqI^ Tisdall bee warned to appeer att the next March Court to answare his 

twenty shil- 
lings, default about the ]?mises. 

A difference betwixt Samuell Kinge and Samuell Cutbert about the win- 
tering of a cow was heard ; and Arther Hatherway came into the Court, and 
testifyed vpon oath that hee heard Samuell Kinge say, that incase the said cow 
proued withcalfe, (which shee neuer did,) that then the said Cutbert was to 
pay fourteen shillinges for the wintering of her ; soe that vpon consideration 
of this testimony, and of a former record of Court which this contreversy 
hath reference vnto, the said Cutbert was freed from paying that which the 
said Samuell Kinge demaunded on that behalfe. 

Thomas Launders, of Sandwidge, for speciall consideration was freed of 
payinge forty shillings of his fine amerced for his fornication with his now 
Avife. 

Edward Tilson, for not seasonably apeering to serue on the petty jury, 
being lawfully summoned, was fined 5'. 



COURT ORDERS. 43 

Memorand : that when the warrants are issued forth for the warninge of 16 53. 

the next Court, that deputie bee required to bee to bee sent by each towne ' "^ ' 

to attend the said Court on such occations as shalbee rec[uired of them. M^r^ ^' 

Gofi. 



*Att the Generall Court holden att JVew Plymouth the seuenth of 1653-4. 

March, 1658. 



Beffore Wiliam Bradford, gentleman, GoQ, John Browne, 

Thomas Prence, John Alden, and 

Myles Standish, Thomas Willett, 

Timothy Hatherley, 

Gentlemen, Assistants, &6. 

THE deputies of each towne appeering, according to the summons directed 
to each towne for that purpose, the occation of sending for them was 
declared, vizj : that wheras a letter hath been somtime sence receiued from 
the Generall Court of the Massachusetts conserning the confedderaoon of the 
Vnited Collonies, wherunto an answare was required to bee made, accordingly 
the Court framed an answare, and ordered that in theire name it should' bee 
sent with the first conveniency. 

2. That wheras sundry haue intrenched vpon the liberties of the trad 
belonging to vs att Kennebeck; and wheras alsoe ires pattents haue been 
graunted and sent ouer from the honorable Court of Parliment and Counsell 
of State, therby giueing and graunting vnto this jurisdiction the aforsaid hber- 
ties of trad in the aforsaid riuer, with enlargement, as alsoe requiring that such 
due course should bee taken as that the English residing in the said riuer 
should bee orderly gouerned and carried on in a way of peace for theire 
common good in ciuill concernments, the Court, taking the premises into due 
and serius consideraoon, did constitute, authorise, and comissionate M'' 
Thomas Prence, one of the honored majestrates of this jurisdiction, with fall 
and ample power to summons all and euery the inhabitants, as hee shall see 
meet, dwelling within the aforsaid Riuer of Kennebeck, vnto some convenient 
place, to receiue from him such instructions and orders extant which hee hath 
receiued from the aforsaid Generall Court full power to require their obser- 
uance of, with full power alsoe to assume vnto himselfe any other pson or 
psons whatsoeuer to bee assistant vnto him in the j^mises. 



7 March. 

[*41.] 



44 PLYMOUTH COLONY RECORDS. 

1 G 5 3-4t The names of the deputies that appeered and acted in the abouesaid 

'^ ' occations were these followinar : — 

7 March. 

[Bradford, M'-' John Howland, M'^ Anthony Thacher 

' °'^^^°^-J jyjr jo]^^ "Winslow, M"^ Edmond Hawes, 

Leift Thomas Southworth, Thomas Hinckley, 

John Cooke, Nathaniell Bacon, 

Gorge Soule, M"^ Anthony Eames, 

Constant Southworth, M' Josias "Winslow, 

Capt James Cudworth, M' Steuen Payne, nessesaryly 
Robert Studson, deteined, 

Thomas Tupper, M"" Thomas Cooper, 

James Skiffe, M' John Doane, 

Leift James Wyate, Richard Higgens. 
Richard Wilhams, 

[*42.] *Instructions from the Generall Court to Thomas Prence, Esq"^, coinissionated 
for the erecting some orderly gouerment amongst the inhabitants of the 
Riuer of Kennebecke. 
L That vpon theire appeerance att his summons, hee tender and require 

them to take the oath of fidehtie for the state of England and this ^sent 

goQment of New Plymouth. 

2. That hee acquaint them with the body of lawes of this gouerment ; our 
intention being not to expect theire strict obseruance of euery thing peculiare 
to ourselues, but considering the distance of the place, wee doe allow them 
libertie to make choise of such to bee assistant to our coinissioner as hee shall 
approue of for the making of such further orders as may best conduce to 
theire welfare. 

3. That none bee allowed for inhabitants theire but such as will take the 
oath of fidellitie as abouesaid. 

4. That such psons onely as haue taken the said oath of fidelitie shall 
acte in the choise of such as may bee assistant to our coinissioner as aforsaid 
in making and executing such orders as may bee thought fitt to bee established 
amongst them ; and the said assistants to acte as if they were actually freemen 
for the f sent, vntell farther order bee taken. 

The oath to bee taken of all such inhabitants as shalbee allowed to reside 
in the liberties of this gouerment, att the Riuer of Kennebecke, is as fol- 
lowethe : — 

You shalbee true and faithful! to the state of England as it is now estab- 



GOURT ORDERS. 45 

lished ; and wheras you choose att ^sent to reside within the goQment of New 165 3-4. 
Plymouth, you shall not doe, or cause to bee done, any acte or actes, directly ' ^ ' 
or indirectly, by land or water, that shall or may tend to the destruction or ™ "^^ ' 
ouerthrow of the whole or pte of this gouerment that shalbee ordered, erected, Governok.] 
or established, but shall contrarywise hinder, oppose, and descouer such entents 
and purposes as tend therunto to those that are in place for the time being 
that the gouerment may bee enformed therof with all convenient speed ; you 
shall alsoe submitt and obserue all such good and wholsome lawes, ordinance, 
and officers as are or shalbee established within the seuerall limitts therof. 
Soe healp you God, whoe is the God of truth and punisher of falshood. 

•The widdow Hallowell being graunted ires of adminestration on the estate [*43.] 
of Wiliam Hallowell, deceased, doth allow vnto her two daughters ten pounds Att the Court 
apeece to either of them, and doth by these f>sents bind herselfe for the outh the S* of 
pformance of it ; M'' Buckley being bound with her for the securitie of the i™"' \®1*' ^' 

* JO Edward Buck- 

said portions, to bee paied att the day of theire marriage. If either of them ley came into 

Ti/'i 1 • •! • !• ^ 1 nx- ''^e Court, and 

die before then, the surruver to enjoy the portion 01 the deceased. In wittnesse -(vas cleared of 
wherof wee haue sett to our hands this fift of January, 1653. *^'' "''^T' 

•^ ments, and 

GRACE HALLOWAY, 7 v o lier marke, J""^" ^^'i"^^ 

C^xJ / IS entered in 

EDWAED BUCKLEY. Ms stead. 

The widdow Joane Chillingsworth in like mannor came into the Court, 
held att Plymouth, the T"' of March, 1653, and acknowlidged that shee hath 
giuen vnto her foure daughters the summe of ten pounds apeece, to bee deliu- 
ered to them att theire day of marriage, or within three monthes after the 
same ; and alsoe that incase any of them die before then, the surviuers to 
haue theire pte that die ec[ually deuided amongst them, and for the pformance 
heerof Thomas Doged and the said Joane Chillingsworth haue joyntly giuen 
in securitie vnto the Court. 

Whereas a certaine cow, belonging to the Court, from John Bryant, 
of Taunton, hath been detained and not deliuered vnto John Cook, whoe 
bought the same of the Court, hee haueing sustained dammage therby, the 
Court haue ordered and injoyne M"^ Gilbert (whoe had the 'said cow) with the 
encrease of her since shee was prised, that hee returne her with her said 
encrease by the 15"" day of May next well conditioned, or otherwise to make 
payment of the summe of fifty shillings by the said day ; or in case of neglect, 
to bee required by destraint. 

In respect of a will extant of Wiliam Palmer, of Plymouth, deceased, the 



46 PLYMOUTH COLONY RECOKDS. 

165 3-4. ouerseers of the said will doe allow vnto Moses Eowley, of Barnstable, a cow 
^" "> ~^ to bee vallued for the prise therof, as M"' Thomas France and the said Moses 
rBEADFOKD ^0"*^^ shall agree, and what they agree vpon- about the prise of the said 
GovBBNOR.] cow to bee entered into the Court records. 

Wheras, the wife of M' Thomas Gilbert hath desired by her letter that 
her servant, whoa hath receiued soiTi hurt, and is now in M"^ Streets family, 
that there hee might remayne vntill her husband retui-ne from England ; the 
Court hath graunted her request, provided that M' Street bee freely willing to 
give him entertainment, but if not these were to require the cunstable of 
Taunton "to see that the said seruant bee prouided for in some convenient 
place, and that hee returne not vnto his mis vntill his cause bee heard and 
further order taken in the same. 
[*44.] *M''* Laythorp is graunted ires of adminnestracSn to adminnester on the 

estate of M"^ John Laythorp, deceased. M' Thomas Prence is appointed and 
requested by the Court to take oath vnto the estate att home. 

Fines. 

Edward Peny, for vnorderly proceeding, contrary to order of Court, 
about his marriage, is fined fine pound. 

And M' Prence is ordered by the Court to see his marriage ratifyed as 
hee goeth home. 

Wheras att the Generall Court holden att Plymouth the seuenth of June, 
1653, Thomas Hieland, Seni"", and Thomas Hieland, Juii, comenced suite 
against M"^ Charles Chauncy, M'' Anthony Eames, Samuell Jacson, and John 
Saffin, wherby the said pties, vizj, M' Charles Chauncy and the rest, were 
defamed, these are to signify, that on the fourth day of March, 1653, the said 
Thomas Hieland, Seni"", and Thomas Hiland, Ju', mett with the said M"^ 
Chauncy and the rest att the house of the said M'' Chauncy att Scittuate, and 
did then and there acknowHdge that they had done the said M' Chauncy, M' 
Eames, Samuell Jacson, and John SaiEn manifest wronge in coinencing suite 
against them as aforsaid ; whervpon, at the request of the said M'' Chauncy 
and the rest, it was ordered by the Court, that the abouesaid acknowlidgment 
was recorded. 

tres of adminnestration was graunted vnto Patience Faunce, to admin- 
nester on the estate of John Faunce, deceased. 

Att this Court, Kanelme "Winslow complained against John Soule for 
speakeing falsly of and scandalicing his daughter in carying diuers falce reports 
betwixt Josias Standish and her ; the which complaint, att the request of 



COUKT OKDERS. 



47 



7 March. 
[Bradfoed, 



Gorge Soule, father of the said John Soule, was refered vntill another Court, 1653-4 
to bee tryed by a jury of twelue of his equalls. 

Thomas Tupper, for his negligence in not causing Edward Perry, of 
Sandv/idg, to bee by him orderly married, being by the Court appointed to Governor.] 
marry psons there, was required henceforth to desist, and is not intrusted with 
that business any more. 

AVarrants att this Coiu-t were issued forth for to require a rate of twenty 
pounds to bee leuied for the charge of the majestates table for the yeare last 
past. 

*March the seauenth. To the honored Court as foUoweth, vizj : — [*45.] 

Wee ;psent John Damman, of Scittuate, for altering the property of the This is cleared 
hole or well that is neare his house in the common hieway, to the dammage ^ ^ °" • 
of his naighboia's. 



2. Wee psent Elizabeth Randall, of Scittuate, for teling of a lye to the This p'sent- 
jrment of Gowin White. JThis cleared by the fine.J Paid. 

3. Wee ^sent Josias Hallott and Thomas Gage for prophaning the 



1661. 



detterment of Gowin White. JThis cleared by the fine.J Paid. cleared att the 

Court held att 
Plymouth the 

Lords day by puting forth to sea out of Sandwidge Harbor vpon the Lords eight of May, 
day. Fined according to order. 

4. Wee p'sent Henry Cole, of Barnstable, for pilfering away of money 
from Leiftenant Mathew Fuller, of Barnstable. This respeted. 

Wee p'sent Joseph Rose, and Elizabeth, his wife, of Marshfeild, for for- 
nication. Cleared by paying the fine. 

Wee vnderstand that the honored Court hath taken notice of the mar- 
riage of Edward Perry, and therefore for the f>sent wee leaue it. 



*Ati the GeneraU Court of Election holden att Plymouth the sixt of 1654. 



June, 1004. 




T 

6 June. 


Before Wiliam Bradford, gentleman, GoQ, 


John Browne, 


[*46.] 


Miles Standish, 


John Alden, and 




Timothy Hatherley, 


Thomas Willett, 




Gentlemen, Asistants. 







48 



PLYMOUTH COLONY RECORDS. 



1654. 

6 June. 
[Bhadpokd, 

GOVEllNOE.] 



M 



R WILLAM BEADFOED elected GoQ, and sworne. 
M"^ Tho: Prence, 



Cap? Myles Standish, 
M' Wiliam CoUyare, 
M' Timothy Hatherley, 
M"^ John Browne, 
M' John Alden, 
and Capt Thomas Willett, 



elected Asistants, and sworne. 



Capt Standish chosen Treasurer. 



Freemen admited this 

Gorge Macye, 
Eobert Shelly, 
John Bryant, 
JWiliam Eandall,? 
"Wiliam Clarke, 
Eobert Barker, 
Steuen Bryant, 
John Washburne, Juni'', 
Abraham Sampson, 
James Naighbour, 



Court, and sworne. 

John Scudder, 
Wiliam Harlow, 
Henery Atkins, 
Wiliam Spooner, 
James Shaw, 
Thomas Lettice, 
Gyles Eickard, Juni', 
Benjamine Bartlett, 
Bennajah Pratt. 



The Cunstables of the seuerall Townes. 

( John Morton, 

[ Samuell Hickes. 

( Stephen Bryant, 

Duxburrow, i -r ^ » • 

(^ John Aimes. 

( My Tho Eobenson, 

^^^"^^*"' (waiter Hatch. 

Sandwidge, Tho Burgis, Juni', 

Taunton, John Deane. 

'Yarmouth, James Mathews. 

Barnstable, Dolar Dauis. 

[ Gorge Eussell, 

Marshfeild, i -r -, t. 

(^ John Rogers. 

Eehoboth, Wiliam Carpenter. 

Eastham, Jolin Younge. 





COUKT 


OEDEES. 




4S 


*The Grand Enquest. 


1654. 




' M' Anthony Thacher, 




John Allen, 


6 June. 




M' Arther Howland, 
M' Kanelme Winslow, 




Anthony Perry, 
Hezekiah Hoare, 


[Bradford, 
Governor.] 

[*47.] 




Thomas Haward, Seni"^, 




Gilbert Brookes, 




Gorge Patrick, 




Humphry Johnson, 




sworne. ■ 


M"^ Thomas Howes, 
Wiliam Hoskins, 
John Wood, 
Ephraim Morton, 
Wiliam Crocker, 
Samuell Fuller, 


sworne. ■ 


Anthony Dodson, 

Ralph Allen, Jun', 

Wiliam Bassett, 

John Smally, 

+Gorge Macye, exempted,* 

James Walker. 




The Names of the Deputies 


5 of the seuerall Townshipps. 




M' John Howland, 


James Walker, 




M' John Winslow, 


M' Edmond Hawes, 




John Dunham, Seni"", 


Samuell Arnold, 




John Cooke, 


Thomas Hinckley, 




Gorge Soule, 


Nathaniell Bacon, 




Constant Southworth, 


M' Anthony Eames, 




Cap? James Cudworth, 


M"' Josias Winslo-w, 




Robert Studson, 


M' Stephen Payne, 




Thomas Burgis, 


Peter Hunt, 




James Skiffe, 


Josias Cooke, 




I 


[.ichard Williams, 


Daniell Cole. 





Duxburrow, 



Scituate, 



Sand, 



Survayors of the Highwaies. 

' Andrew Ringe, 

Plyffij Nathaniell Warren, 

Edward Gray. 

Tho Andrews, 

Robert Barker. 

r John Hallot, 

\ Peter Collymore. 

{ Peter Gaunt, 

\ Anthony Bessey. 

f Anthony Slocom, . 
Tai^iton, j^^g^ B^t_ 



VOL. III. 




6 June. 
[Bradford, 
Governor.] 



PLYMOUTH COLONY RECORDS. 

f M' Wiliam Lunkin, 

Yarmouth, i -r ■, ^ 

(^ John (jtorum. 

f John Finney, 

Barnstable, i t ■, n . , 

[ John omith. 

[ John Eouse, 

Marshfeild, ■{ -n- i i o-i 

(^ Jtlichard feiluester. 

r Wiliam Carpenter, 

' \ Gorge Kindricke. 

f Jobe Cole, 

Eastham, "^ r, i -ttt- i 

[ Stephen Wood. 



[*48.] *The oath of the clarke of a milletary companie is as followeth : — 

You shall faithfully serue in the office of a clarke of the milletary com- 
panie of for this ^sent yeare, during which time you shall dillegently 
attend such sett times of training as youer officers shall appoint ; you shall 
keep an exact list of the names of youer whole companie, and take notice of 
all such defects as shall arise by the breach of any wholsom order or orders 
made by the said companie, and gather in all such fines as belonge therunto, 
and giue a just account therof to the company or such as they shall appoint. 

An Oath to bee adminnestred to euery Towne Clarke of each Towne. 

You shall faithfully serue in the office of a town clarke in the towne of 
for this psent yeare, and soe longe as by mutuall consent the 
towne and you shall agree ; during which time you shall carfully and faith- 
fully keep all such records as you shalbee intrusted withall, and shall record 
all towne .actes and orders, and shall enter all towne graunts and conveyances ; 
you shall record all beirthes, marriages, and burialls that shalbee brought vnto 
you within youer towne, and shall publish all contracts of marriages you shal- 
bee required to doe, according to order of Court bearing date the 20"" of 
October, 1646. 



The Account of the Woulues killed by the Indians brought in to this Court. 

Plymouth, 8 woulues, 04 : 14 : 00 

Duxburrow, 2 woulues, with young ones, . . . . 01 : 12 : 00 

Barnstable, 3 woulues, 01 : 16 : 00 

Eastham, 4 young woulues, 01 : 00 : 00 

B«hoboth, 2 woulues, 00 : 19 : 00 



COUKT ORDERS. 
Being proportioned on each towne, come to, ■ 



Plymouth, 
Duxhorrow, 
Scittuate, . 
Sandwidg, 
Taunton, . 



■ d 

00 : 18 : 

00 : 17 : 

01 : 10 : 7 
01 : 02 : 02 
00 : 17 : 00 



Yarmouth, 
Barnstable, . 
Marshfeild, . 
Eehoboth, 
Eastham, . 

Summe, 



00 : 17 : 00 
00 : 18 : 08 
00 : 17 : 00 
01: 10:07 
00 : 13 : 07 

10 : 02 : 03 



51 
1654. 

6 June. 

fBHADrOKD, 
GOVERNOE.] 



•Besides the 20^ p annum for the majestrates table, wee allow, as an addi- [*50.] 
tionall smale gratuitie to the GoQ, ten pounds for other emergent expences. This is to bee 

"Wheras a right is claimed by Jobe Hawkins, of Boston, vnto the land changes whilh 
of Major Wiliam HoLnes, deceased, wHch land lyeth att the North Eiuer, in ""^ ^"'''™'^ ^" 

" ' ' J J magestrates 

the township of Marshfeild, in the jurisdiction of New Plymouth, which right ^^'^^< bo* f™ 

,.j,j, -. - ^« time and man- 

is claimed as due debt, as alsoe by a legacye of forty pounds giuen to him in nor. 
the last will and testament of the said Major Holmes, the Court haue ordered, 
vpon consideration of the ^mises, that the said Jobe Hawkins or his assignes 
may enter vpon the said land, and possesse and enjoy the same vntell any 
other shall come and shew a clearer right. 

M"' Hatherley is appointed and requested by the Court, with other of the 
inhabitants of Scittuate, to prouide two or three men to view and lay out the 
most convenientest way from Plymouth to Scittuate, and to see they bee payed 
for theire paines out of the publicke treasury. 

ij-es of adtninnestration are graunted vnto John Merritt, of Scittuate, to 
adminnester on the estate of Henery Merrit, deceased. 

Wheras Thomas Huckens, of Barnstable, was warned to appeer this 
Court to answare for the misusing of a poor servant of his, the Court, haueing 
heard what can bee said in the case, haue admonished the said Huckens to 
carry better towards his seruant, and to pay 4^ to the vnder marshall for goe- 
ing to Sandwidg homward with his seruant againe when hee came to Plym- 
outh to complain ; and alsoe hee is to defray what other charges his said 
seruant hath spent att Coles att Plymouth. 

Wheras Jonathan Briggs, somtimes servant of Wiliam Hailstone, of 
Taunton, complained against his said m' that hee hath not pformed his coue- 
nants to him, in that hee did not learn him the trad of a tayler, the Court 
doth order that the said Wiliam Hailstone shall pay vnto his said seruant 
the summe of 15 pounds, in good and currant pay, with all convenient 
speed. 



52 PLYMOUTH COLONY EECORDS. 

1 G 5 4. Fines. 

Edward Perry, for refusing to haue his marriage rattifyed before M' 

[Bradford, Prence according to order of Court, is fined fiue pounds for this ^sent Court, 

ovEuxoB.] ^^^ gQg £j^g pounds for euery Generall Court that shall bee during the time 

of his said neglect for the future. 

This fine is le- Cap? Cudworth, being a deputie for the towne of Scittuate, for departing 

the Court, being required to stay on speciall occation, is fined fiue pounds. 



mitted by the 
Court held 
June the fift, 
16.)3. 



[*51.J 



*Presentments by the Grand Enquest. 

Wee ^sent Wiliam Chase, Seni, of Yarmouth, for driueing one paire of 
oxen in the yoke vpon the Lords day, in time of exorcise, about fiue miles. 

"Wee ^sent the inhabitants of the towne of Plymouth for not providing 
a standard according to order of Court, vizj, a bushell, an half bushell, a 
peek, and an haife pecke. 

Wee ^sent Lydia Rawlins, of Scittuate, for lying, slaundering, and de- 
faming of her brother in law, Thomas Rawlins, of Boston. 

Wee ^sent John Smith, of Taunton, for needles trauelling vpon the 
Lords day from Taunton to Nunckatateesett and soe back againe. 

Robert Titus enformed this Court, that hee, haueing sold his house and 
land att Rehoboth, and being ere long to remoue out of this goQment, and 
that M' Browne had layed an attachment vpon some pte of his estate to the 
valine of aboue fifty pounds, requiring him to cecure the towne of Rehoboth 
of Abner Ordway ; and vpon hearing and debateing the matter, it did eui- 
dently appeer that the said Robert Titus had, contrary to the mind of the 
towne, receiued into and harbored in his house as inmates Abner Ordway and 
a woman, psons of euill fame, with children. It is therefore ordered by the 
Court, that the said Titus, when hee remoueth himselfe and famyly, shall 
carry the said Abner, and all that appertaineth vnto him, with him, or else 
giue such cecuritie as M' Browne shall see meet for the saueing the inhabit- 
ants of the towne harmles from any determent that may befall them by Abner 
Ordway, or any such as belong vnto him ; and in the interim of his remoueall 
to repaire such dammage as any shall sustaine therby. 

The Court haue graunted vnto James Skiffe, that if hee can find such 

land as may bee for his vse and comfort and shall conduce to his benifitt, soe 

r*52 1 ^* ^^"^ '^°*' ^i*''^''^ *^^ liberties of any pticulare township, hee shall bee consid- 

Of this graunt ered in respect of the residue of the land due vnto him which hee should haue 

pee more in -^^^ ^^^ j^j^ owne and Peter Talbotts seruice. 

passages of the 

session of the *lj^ regard of sundry contentions and intanglements betwixt M' Hatherly 

Court held the . . 7 

4* July, 1656. and some of the inhabitants of the towne of Scittuate, the Court doth graunt 



COUET ORDERS. 53 

vnto M' Hatherley, for to satisfy the pteners att Conahassett, a certalne compe- 1654. 
tencye of land out of the bounds of any pticulare township on the westerly ' ' 

side of the towne of Scituate aforsaid. ^ ■^™^' 

_, [Bbadfobd, 

iiie Oom-t haue graunted vnto John Eogers, of DuxbuiTow, a certaine Goveknok.] 

pcell or tract of vpland meddow, bee it more or lesse, lying neare the pond 

called Joaneses Eiuer Pond, in lue of dammage hee hath or may sustaine by 

the highway to the Massachusets layed through his land. 

The bounds of the lands betwixt Yaxmouth and Eastham, belonging to 
the purchasers, is from the Eiuer of Namskekett to a marked tree and a stake 
a little beyond the rocky point next Satuckett, on the sea side. The bounds 
of the lands of the said puixhasers to the eastward is from the bounds of 
Eastham to the Easteren Harbour, and from thence to a little pond, being the 
bounds of the land bought for the countrey belonging to Cape Codd. 

The Coui-t haue ordered and graunted, that whatsoeuer whales or blubber 
shalbee cast vp against the lands of the purchasers, that the proprietie therof 
shalbelonge >Tito the said purchasers accordingly as vnto any of the pticulare 
townshipps when such whales or blubber fales within any of theire precincts. 

The Court haue ordered, that each towne send in theire vote by proxey 
vnto the GoQ by the first Tuesday in July next for the choise of comissioners ; 
and it is refered to the majestrates to giue them such instructions as they shall 
judge meete. 

*Wheras, vpon a ^sent expedition, p order from his highnes the Lord [*53.] 
Protector of England, Scotland, and Ireland, sundry disbursments are forth- 
with to bee made, for accomplishment wherof the Court, haueing therfore 
requested Capt Thomas "WLUett, M' John Winslow, Thomas Clarke, and Con- 
stant Southworth, for the p>sent procuringe of such nessesaries as conduce to 
the comfortable carriing on and pforming the said expedition, they therfore 
heerby order the seuerall townes to repay all such disbursments as shalbee 
disbursed in the aforsaid expedition in manner and forme as foUoweth, vizj : 
one third therof to bee paied in wheat and pease, and the other 2 thirds in 
wheat ; that is to say, one third of that third in pease, and the other 2 3*^ in 
wheat. 

11, another third as foUoweth, vizj, one halfe in butter, and the other 
halfe in barly or mault. 

The other third in beefe, porke, and mackerell, of each a third, and in 
defect of mackerell, the one halfe therof in beefe, the other in porke ; to bee 
paied to M' Paddy att Boston, excepting Plymouth and Duxburrow, to pay att 
Plymouth att or before Nouember next ensueinge the date heerof, winds and 
weathers suiting, vpon the penaltie of 30^ fine for euery townes default therin. 



54 



PLYMOUTH COLONY RECORDS. 



1654. 

6 June. 
[BBASFOim, 

GOTERNOE.] 



Vppon a supposition of two monthes expence, the charge was calculated 
and found to bee as foUoweth : — 



20 June. 
[*54.] 



H, for the hier of the barque, 

K, for 4 mens wages and diet, 

K, for a shallope and 3 men, 

n, 25 hundred of bread, . 

n, 10 barrels of beefe, . 

K, 2 barrels of pork, 

n, 10 bushels of pease, . 

K, 8 bushels of meale, 

H, 6 ferkins of butter, 

I?, 10 kentels of fish, . 

Tt, one tunn of beer, . 

n, one quarter caske of sacke, 

11, 20 gallons of brandy, 

K, tobacco, 

K, a hogshead of salt, 
n, for trayes and candles, 
K, for 2 kettles, . . . 



The summe totall. 



14 : 00 : 00 
22 : 00 : 00 

24 : 00 : 00 

25 : 00 : 00 
35 : 00 : 00 
09 : 00 : 00 
02 : 00 : 00 
02 : 00 : 00 
09 : 00 : 00 
06 : 00 : 03 

06 : 00 : 00 

07 : 00 : 00 
06 : 00 : 00 
04 : 00 : 00 

01 : 15 : 00 

02 : 00 : 00 

03 : 10 : 00 

118:15:00 



*The counsell of warr mett att Plymouth the 20"^ of June, 1654, att 
which meeting warrants were issued out in the name of his highnes the Lord 
Protector of England, Ireland, and Scotland, for the pressing of the number 
of fifty men, to bee taken out of the seuerall townes within this jurisdiction, 
to goe forth with Major Robert Sedgwicke and Cap? John Leueritt on an 
intended expedition against the Duch att the Monhatoes. The proportions of 
each towne* are as foUoweth : — 

Plymouth, 6 men. 

Duxburrow, 6 men. 

Scittuate, 8 men. 

Sandwich, 4 men. 

Taunton, 5 men. 

Yarmouth, 4 men. 

Barnstable, 5 men. 

Marshfeild, 5 men. 

Rehoboth, 4 men. 

Eastham, 3 men. 



COURT OKDEES. 55 

These, being -well prouided for, were to goe forth vnder the comaund 1654. 

of Captaine Myles Standish, whoe was ordered to bee theire comander in '"" "^ ' 

cheife ; Leiftenant Mathew Fuller was ordered to goe forth with him as leif- mnAi,™^,, 

tenant on this expedition ; and Hezekiah Hoare was appointed to bee ensigne Goteknok.] 
bearer. 

The comission giuen to Captaine Standish is as foUoweth : — 

Wheras wee are required by his highness the Lord Protector of England, 
Ireland, and Scotland, to aiford assistance vnto that designe of reducesing the 
Duch to obedience vnto the state of England, in order therunto, wee, haueing 
raised som forces, ouer which wee doe constitute our welbeloued frind, Capi 
Myles Standish, theire leader and comaunder in chiefe, of whose approued 
fidelitie and abillitie wee haue had long experience, vnto whose wisdome and 
discretion wee doe committ the leading and ordering of these our men, and 
vnto whom wee doe require our men to yeild all due obedience as vnto theire 
comaunder; and that hee bee reddy, vpon the 28"> of this fsent June, att 
Plymouth, to receiue such men as shalbee theire comitted to him, and vpon 
the 29"^ day to march them vnto Sandwich, and theire further to receiue those 
that shalbee brought from those four plantations vnto him ; and from thence 
to march his men to Manomett, and there to shipp them aboard the barkque 
called the Aduenter, and soe taking the first oppertunitie of wind & weathers 
of sayling to the Monhatoes, or such place of randeuoos as shall shalbee *ap- [*55.] 
pointed, there to meet with Major Robert Sedgwicke and Capl John Leuerett, 
the coinissioners in chiefe appointed by his highnes the Lord Protector for the 
designe, and there to joyne with them for the carrying on of the said designe 
according to such direction as shalbee giuen him from time to time by the 
comissioners in cheife and counsell of warr. 

Plymouth, June the 20*, 1654. 

Giuen under our hands and common scale of our goflment, 

WILLAM BRADFOED, Presedent, 
JOHN ALDEN, THOMAS PRENCE, 

THOMAS WILLET, WILLAM COLLYARE, 

JAMES CUDWORTH, TIMOTHY HATHERLEY. 

JOHN WINSLOW, 

Captaine Thomas "Willett was ordered speedily to repaire vnto the comis- 
sioners in chiefe, whoe were att present att the Massachusets, to accompanie 
them vnto the Monhatoes, and to bee assistant vnto them in aduise and 
counsell ; — 



56 PLYMOUTH COLONY KECOEDS. 

1654. Whose comission is as foUowetli : — 

20 June. "Wheras, in obedience to his highnes the Lord Protector, wee are willing 

[Bradpokd, 
GovERNOK.] to concurr according to our weake abillitie in the designe against the Duch att 

the Monhatoes, in reference vnto the nationall quarrell, and being desired that 
wee should send some for to counsell and aduise with those who are author- 
ised in cheife by his highnes the Lord Protector for the carrying on of that 
designe accordingly, wee haue appointed and authorised our trusty and welbe- 
loued frind, Capt Thomas Willett, to goe along with them, and to aford his 
best healp therin for the furthering of the designe ; as alsoe our trusty and 
welbeloued fi.ind, Capt Myles Standish, when hee shall meet with them, as 
oppertunity shall g>sent and occation shall requue. Giuen vnder our hands 
and common scale of our goflment. 
Plymouth, June 20"", 1654. 

WILLAM BRADFORD, Presedent, 
JOHN ALDEN, THOMAS PRENCE, 

JAMES CUDWORTH, WILLAM COLLYARE, 
JOHN WINSLOW, TIMOTHY HATHERLEY. 

[*56.] *The Instructions for our welbeloued frinds. Cap? Miles Standish and Cap? 

Thomas Willett, are as followeth : — 

1. That wee onely joyne in this busines with respect vnto the nationall 
quarrell. 

2. To attend onely the comission that hath been seen ; and if any thinge 
bee vrged beside it, to decline and wane it. 

3. If any proposition bee made or way proposed to make restitution to 
the other coUonies for theire charges, wee alsoe looke for and expect the 
like. 

4. That if our men want any thing, that you would improue youer youer 
enterest in that behalfe to make a supply ; and wee shall see the countrey 
make you due satisfaction. 

5. That you take all occations and opportunities of conyeying intelli- 
gence vnto vs. 

6. That the designe being accomplished, you endeauour to returne our 
men with what convenient expedition may. 

7. Other things of Hke nature which may fall in, which wee think not of, 
wee leaue to youer discretion. 



COURT ORDERS. 57 

The Tenuer of the "Warrant issued out for the Pressing of Men for the 165 4. 

Seruice aboue expressed. *" "• ' 

20 June. 

Ne-w Plymouth : To the Cunstable of, &6. [Bradfoed, 

GOTBENOK.] 

Greet, &&. These are in the name of his highnes the Lord Protector of 
England, Ireland, and Scotland, to will and require you ^sently, vpon receipt 
heerof, without delay to presse the number of men out of youer owne 

towne able and fitt to goe vnder the comaund of Cap! Myles Standish, to bee 
ymployed in goeing forth vpon an expedition against the Duch att the Mon- 
hatoes, wherunto wee are nessesarily required ; and see that they bee suiE- 
ciently furnished with armes and ammunition, yidelecett, fierlock peeces, 
swords, bandeleers or pouches, with one pound of powder and one pound 
of bullets to each man ; as alsoe that each man bee prouided of 3 daies pro- 
uision in his knapsack : the said men being prouided as aforsaid, you are 
heerby required to bring them vnto Plymouth on Wensday, being the 28"" of 
this instant June, then and there to deliuer them vnto Capli Myles Standish ; 
wherof fayle not att youer pill. 

For the furtherance of the expedition against the Duch, it is ordered, 
that any of the counsell of warr shall haue power to presse any thinge that 
shalbee found nessesarie in the seuerall townes, as occation shall require. ^**«'* ** ^^y- 

the 20"' June, 
1654. 

♦Ordered by the Counsell of Warr. [*57.] 

That if any, to avoyd the f sent presse, shall depart out of theire owne 
towne to another, that then the cunstable of that towne is required to presse 
them notwithstandinge ; and such to goe vpon account of theire owne towne, 
and to bee sent forthwith to the cunstable therof. 

The barkque in which Samuell Mayo sayleth was pressed to attend the 
said seruice for the transportation of the souldiers. 

And in Hke mannor the boate of James Cole, of Plymouth, with seamen 
to goe in them on the said busines. 

Vpon the 23'i of June, 1654, happy tidings came of a long desired peace 23 June, 
betwixt the two nations of England and Holland, by which all the aforsaid 
intentions and preparations ceased from being imployed and improued vnto 
the carrying on of the aforsaid enterprize. 

♦Wheras it hath pleased the right hoiible the counsell of state of the [*58.] 
common wealth of England, notwithstanding theire many, great, and waighty 
occations, to take into considerac6n the condition of the English inhabiting 
vpon or neare adjoyning vnto the riuer commonly called Kenibeck, whpe, by 

VOL. III. 8 



58 



PLYMOUTH COLONY RECOKDS. 



16 5 4. reason of remoteness from other jurisdictions and theire owne phawsitie and 

' fewnes, haue not hetherto injoyed the benifit of goQment, noe doubt to the 

rg ^^ great greife of all well affected English, it hath now pleased the right honble 

Governor.] counsell of state, by authoritie of Parliment, to confer the gofiment of the 

afors'* inhabitants vpon the jurisdiction of New Plymouth, the first inhabitants 

and goQment in those ptes, as by theire ires pattents doth appeer. 

In p''suance wherof, and by vertue of the aforsaid authoritie graunted to 
Wiliam Bradford and his associates, the said Wiliam Bradford and his asso- 
ciates, att a Generall Couit held att New Plymouth, gaue full power and 
authoritie to M'' Thomas Prence, one of the Assistants in the aforsaid goQmeut, 
for the settleing of a goQment vpon the said riuej of Kennebecke ; by vertue 
wherof the said Thomas Prence issued out a warrant, directed to the marshall 
of New Plymouth, bearing date the lo''' of INIay, 1654, requiring the in- 
habitants vpon the said riuer to make theire psonall appeerance att the house 
of Thomas Ashley, att Merry Meeting, vpon the 23'^ of that ^sent month ; att 
which time and place the people generally assembled, and after publishing of 
the aforsaid authoritie, the inhabitants heer vnder written haue taken the oath 
of fidelitie, vizj : — 



Thomas Purchase, gentle, 
John Stone, 
Thomas Ashly, 
John Richards, 
James Smith, 
Wiliam James, 
Thomas Parker, 
John White, 



John Browne, 
Wiliam Dauis, 
Thomas Weber, 
Thomas Atkins, 
James Coale, 
John Parker, 
Emanuell Hughes, 
AUexander Thawyt. 



Att the same meeting, M^' Thomas Purchase was chosen by the psons 
abouenamed, and approued by M"^ Thomas Prence, to bee an Assistant to the 
goQment in this pte of the jurisdiction of New Plymouth, and an oath admin- 
nestred vnto him fore the more powerful! and lawfuU adminnestration in the 
said office ; and alsoe att the . same ^sent meeting, M' Prence hath declared 
r*59 1 that *Leiftenant Thomas Southworth, now residing att Cushenage vpon the 
said riuer, and such other as shalbee sent thether from time to time to haue 
the goQment of that family, are alsoe envested into the same power and 
authoritie to bee asistant vnto the gouerment in this pte of the jimsdiction 
of New Plymouth aforsaid, for the carrying on of goGment heer according to 
such good and wholsome lawes as are and shalbee made. 



COURT ORDERS. 



59 



Att the same time Thomas Ashly was chosen cunstable by the inhabit- 165 4. 
ants, and sworne to the execution of his office. ' y ' 

23 June. 

The Office of an Asistant in this Precinct [Bbabpoi^ 

tiOVERNOR.J 

Is to see the execution of all such good and wholsom lawes as are and 
shalbee made, and for that end to issue out warrants to the cunstable for the 
apprehending of all such as are dehnkquents, as alsoe to heare and examine 
all such cases as shall come before them ; to glue out supenaes for any that 
are to giue euidence in any case depending ; to giue summons for the wai-ning 
of a jury for the triall of causes, as alsoe to adminnester oathes in all lawful! 
, and nessesarie cases, to graunt execution a month after judgment, which exe- 
cution to bee directed to the cunstable for the time beinge ; alsoe, to mary 
psons, vpon euidence of theire lawfuU proceedings. 

The Oath of an Asistant. 

You shalbee truly loyaU to the f>sent commonwealth of England ; and 
wheras you are chosen to bee an Asistant to the goQment of this pte of this 
jurisdiction of New Plymouth for this g>sent yeare, according to that measure 
of wisdome and descretion God hath giuen you, you, for youer pte, shall 
obserue and keep to the vtermost of youer power all such lawes and ordi- 
nances as are and shalbee made ; and that you shall cause all transgressors 
of the aforsaid lawes and ordinances, or any of them, in due time to bee 
brought to due triall according theire seuerall offences respectiuely, without 
pshalHtie to any ; alsoe, you shalbee reddy, from time to time & att all 
times, to issue out all such warrants as shalbee requisite for the apprehending 
of any pson or psons that are deHnkquents in respect of the breach of any 
orders and lawes that are or shalbee made, and by all due meanes and courses 
seeke the good of this jurisdiction. Soe healpe you God, &S. 

The Oath of a Cunstable. 

You shall faithfully serue in the office of a cunstable in the ward of the 
Riuer of Kennebecke for this ^sent yeare, according to that measure of wis- 
dome, vnderstanding, and descretion God hath giuen you ; in which time you 
shall dilligently see that the peace coiiiaunded bee not broken, but shall carry 
the pson or psons offending before some one of the Asistants heer chosen, 
and there attend the hearing of the cause and such order as shalbee giuen 
you; *you shall apprehend all suspicious psons and bring them before the said r*60.] 
Asistants, or one of them, as aforsaid ; you shall duely and truly serue such 
warrants and giue such summons as shalbee directed vnto you from the GoQnor 



60 PLYMOUTH COLONY RECOKDS. 

16 54. or Asistants before mencioned, and shall labour to advance the peace and 
'^ ' happines of this corporation, and oppose any thinge that shall aiioy the same 

20 June. , u 

rBBADFonD ^y ^^^ ^^^ means and courses. Soe healp you God, whoe is the God of truth 
GovEENOE.] and punisher of falchood. 

The Office of the Clarke. 

You shall faithfully serue in the office of a clarke, vnto -which you are 
chosen in this wardshipp of the Eiuer of Kennebecke for one whole yeare ; 
you shall make true entries of all such orders and lawes as are or shalbee 
made, and faithfully keep all such things comited to youer trust, and truely 
record all such verdicts as shalbee giuen in by the jury from time to time, as 
alsoe make an entrey of such sensures as are pased vpon any denlinkquents by 
the Asistants or either of them ; you shall faithfully make entrey of the true 
bounds of lands as they shalbee giuen to you att the appointment of the 
Asistants or in pubUcke Court. Soe healp you God, &6. 

Orders made and agreed vpon att the same Meetinge. 

1. That all capitall crimes, and trials vpon life and death, bee refered 
to the Generall Court att Plymouth. 

1. Treason against the commonwealth of England or these coUonies. 

2. WilfuU murther. 

3. SoUem conversing or compacting with the diuill by way of conjurac6n 
or the like. 

4. WilfuU or purposed burning of houses. 

5. Sodomy, rapes, and buggary. 

6. That adultery bee tried att Plymouth. 

7. That theft bee punished by restitution of three or 4 fould, according 
to the nature of the offence and according to the discretion of the Asistants. 

8. That if any pson or psons drinke themselues drunke, for the first 
default 5^ for the 2"=™* 10', and the 3* time bee sett in the stockes. 

9. WilfuU prophaning of the Lords day to bee punished according to 
the discretion of the Asistants. 

10. Wheras there hath been great abuse by trading wine and other 
strong liquors with the Indians, wherby they drinke themselues drunke, and 

r*61.1 ^^ theire drunkenes comitt much *horred wickednes, as murthering theire 
nearest relations, &6, as by sadd and woefuU expetience is made manifest, it 
is therfore ordered, that noe pson or psons whatsoeuer, from this time, trad 
any strong liquors, directly or indirectly, to the Indians, within this jurisdic- 
tion, vpon the forfeiture of the dubble valine of the goods soe traded for theire 



COURT ORDERS. 



61 



first default ; and four fold for theire 2"=»"'i default in that kind ; and for the 16 5 4. 

third default, if an inhabitant, to lose the priuilidge of tradinge with the '"' '^ ' 

Indians for the future; and for any stranger that shall come to trade or co- n3„.™„„„ 

merce with the English, or any other that haue not taken the oath of fidelitie Governoe.] 

to the commonwealth of England and this ^sent goQment, and yett reside 

within the limits of this jurisdiction or any pte therof, for the ^sent, for theire 

first default in that kind, to forfeite the summe of ten pounds sterling, to bee 

leuied vpon theire goods or estate that shalbee found within this jurisdiction or 

any pte therof, and for the 2°°""* default 20" sterling, to bee leuied as aforsaid ; 

the one halfe of all such penalties to bee desposed of to the psons enforming, 

and the other halfe to publicke vses. 

11. That fishing and fowling bee free to all the inhabitants as formerly. 

12. That if any Indian or Indians bring beauor or moose to any of the 
inhabitants of this riuer within theire owne limits, they may trad freely with 
them as formerly, prouided it bee for not such things as are prohibited. 

13. That there bee noe action tried att this Court exceeding 20" sterling, 
vnlesse by the consent of both pties ; and incase any greater action doe arise, 
then the case to bee tryed att the Generall Court att Plymouth. 

14. It is agreed that the^ next Court is to bee holden the 3'' day of the 
weeke following the 20"" of May next, att the house of Thomas Ashly. 

15. That aU actions betwixt ptie & ptie bee tryed by the verdict of 12 
men. 

That Thomas Ashly shall haue liberty to keep an ordinary for making 
comfortable prouision to entertaine strangers and others for theire refreshment, 
paying for the same. 



*The Juriers for to lay out the convenientest Way from Sandwich vnto 
Plymouth, swome before M' Prence, February 24, 1652. 



swome. 



Anthony Thacher, 
Thomas Dexter, 
Thomas Hinckley, 
Wiliam Hedge, 
Edward Banges, 
Josepth Rogers, 
John Winge, 



sworne. 



John Ellis, 
Henery Dillingham, 
James Skiffe, 
John Finney, 
Jonathan Hatch, 
Wiliam Bassett. 



The 27*" of the 12'", 1652. 
Wheras wee, whose names are vnderwritten, impanneled by M' Prence 
to lay out a way for the countreys vse betwixt the townes of Plymouth and 



[*62.] 

The oath they 
tooke: You and 
euery of you 
shall choose & 
lay out a com- 
mon hieway 
between Plym. 
& Sandwich ac- 
cording to 
youer best 
judgments, 
wheer you shall 
find it most 
convenient for 
the countries 
vse. 



62 



PLYMOUTH COLONY KECORDS. 



1654. Sandwich, haeing serched out for the same, doe ^sent vnto this Court as fol- 
"^' loweth : that wee haue marked and laved out the convenientest way, in our 

20 June. . ■' 

[Bradford, j'lidgments, between the said toiv townes, vizj : begining att Sandwich, and 
Governor.] ggg leauing Good man Blackes house on the right hand, ruiiiug crosse the 
swampe ouer the riuer, and soe vpon a nornorth west line soe faiing vpon the 
Eelriuer, where two great trees of spruce lye ouer the riuer, and soe thence 
as it is marked as neare vpon the same line as conveniencye would aiford vs 
into the broad cart path as comes to Nathaniell Mortons house, and soe vnto 
the towne of Plymouth. 

ANTHONY THACHER, 
THOMAS DEXTER, 
EDWARD RANGES, 
THOMAS HINCKLEY, 
JOHN WINGE, 
WILLAM HEDGE, 



JOHN ELLIS, 
JAMES SKIFFE, 
JOSEPTH ROGERS, 
HENRY DILLINGHAM, 

WILLAM BASSET, 
JOHN FINNEY. 



3 July. July S"*, 1654. These are to signify vnto such as it may conserne, that 

vpon the desire of M'' Arther Howland, for the ending of contraversies, that 
hee might know the bounds of his lands wheron hee now liueth, which hee 
bought of M"^ Freeman, the Court doe determine, that Capt Standish, M'' 
Alden, Phillip Delanoy, and Experience Michell shall, as soone as conve- 
niently they can, goe thether and acquaint the said M' Howland and Thomas 
Doged with the bounds of the said lands according to the originall grarmt. 



1654. *Mt a Generall Court holden vpon extreordiary Occation att Plym- 
outh, the first of August, 1654. 



1 August. 

[*63.] 



Before Wiliam Bradford, gentleman, GoQ, 
Wniam CoUiare, 
Myles Standish, 

Gent, Assistants, &6. 



Timothy Hatherley, and 
John Alden, 



Of these in- T | "^HE deputies of each towne appeered, according to the summons sent for 
structions see j^ them, the occation wherof was concerning the confederation of the 

more three " 

pages forward United CoUonies, vpon agitation about sundry pticulars conserning the same : 

in this booke. , _ . . 

the resute was to send comissioners as formerly ; and for that end instructions 



COUKT ORDERS. 



63 



■were prepai-ed for them to make yse of att the time and place of meeting, 
which was att Conecticott, the first Thursday in September, 1654. 

The Deputies Names. 



M' John Howland, 
M' John Winslow, 
John Dunham, Sen!, 
John Cooke, Jun'", 
Chi'istipher Wadsworth, 
Wiliam Paybody, 
Cap? James Cudworth, 
Robert Studson, 
Thomas Tupper, 
Thomas Burgis, 
Richard Williams, 



M"^ Oliver Purchase, absent, 

Thomas Hinckley, 

Nathaniell Bacon, 

M'' Anthony Thacher, 

M"^ Edmond Hawes, 

M'' Josias Winslow, Sen', 

M' Anthony Eames, 

M"^ Stephen Payne, 

Peter Hunt, 

Daniell Cole, 

M"^ John Freeman. 



1654. 

1 August. 
[Bbadpoed, 
goveknok.] 



Att this Court it was agreed, that a letter should bee directed vnto M"^ 
Thomas Purchas, att Pashipscott, in the Riuer of Kennebecke, in theire names, 
to approue of the seruice hee hath vndertaken in being healpfull and assistant 
in the ordering and gouerning of the inhabitants of the said riuer, and to 
incurrage him therin, and otherwise to congratulate with him ; which accord- 
ingly was pformed. 

An order was passed by the Court to M' Anthony Eames and Robert 
Studson, authorising and requiring them to see that the thi'ee score acres of 
meddow att Conahassett belonging to the toune of Hingham bee layed out 
according to the acte of the coinissioners conserning the same ; and word was 
sent from the Court to request the Hingham men to depute two men of theires 
to bee helpfiiU about the same busines. 

Peter Hunt was approued of by the Court to bee leiftenant of the mil- 
letary companie of Rehobothe ; and M"^ John Browne, Juni', to bee ensigne 
bearer of the said companie. 

Thomas Hinckley tooke oath to bee towne clarke of the towne of 
Barnstable. 

Vpon the complaint of Robert Ransom, seruant somtimes to Thomas 
Dexter, Juni% that hee was hardly vsed and vnreasonably dealt withall by his 
said master, the Coui-t heard what could bee said in the case, and witnesses 
were produced on either side ; but that which hee charged his master withall 
about the ^mises could not bee proued ; wherupon Thomas Clai-ke, of Plym- 
outh, bought out his remaining pte of his time of his said master ; and the 



4 August. 



64 



PLYMOUTH COLONY KECORDS. 



16 54. Coiirt admonished him to carry himselfe better then hee had formerly, and 
^" ' ^ incase hee should behaue himself as formerly, hee should not escape corporall 

1 August. . . „ . 

rBitADFORD *corporall punishment. Alsoe, M'' Nathaniell Fish, of Sandwidge, for entertam- 
GovERxoK.] ing him, the said Ransome, into his house, and otherwise indescretly carrying 
L ""*•] towards him, wherby hee was abetted in his stubbui'nes against his said mas- 
ter, was fined by the Court twenty shillings, after hee had, together with the 
said Robert Ransome, been coinited to the custide of the marshall a night and 
pte of a day. 

M"^ Anthony Thacher, M' Josias Winslow, Seni', and Thomas Hinckley 
were appointed to take the account of the Treasurer for the yeare last past of 
his recepts and paiments, which is as followeth : — 



The account 
giuen in by the 
Treasurer. 



Due from Cap? Standish, Treasurer, to the countrey, 
vpon ballence of the account in the yeare 1653, . 

To a barrell of oyle from Eastham, 

I?, a steer prised att 



92 : 15 : 09 

02 : 00 : 00 
04 : 10 : 00 

99 : 05 : 09 



To eleuen barrells of oyle received, 



: 00 : 00 



To fines : — 

By Gyles Rickard, Seni', 02 : 10 : 00 

By Edward Holman, 00 : 05 : 00 

By John Marchant, 02 : 10 : 00 

Robert Finney, 00 : 05 : 00 

Nathaniell Warren, 00 : 05 : 00 

John Tisdall, 01 : 00 : 00 

Edmond Tilson, 00 : 05 : 00 

Edward Perrey, 05 : 00 : 00 

Josias Hallot, 00 : 10 : 00 

Thomas Gage, 00 : 10 : 00 

Josepth Roes, 05 : 00 : 00 

Edward Perrey, 05 : 00 : 00 

Cap? James Cudworth, 05 : 00 : 00 



In totall, . 



149 : 05 : 09 



COURT ORDERS. 



65 



The Treasurer debetor to the countrey vpon ballence 
of the account receiued and to receive vnto the first 
of August, 1654, 

Besides the nor receipts vpon former accounts, . . 



30 : 05 : 04 



30 : 02 : 00 



1654. 

I August. 
[Bradfobb, 
goveenoe.! 



Memorandum : that wee find forty nine pound 7 shillings and 9* of the 
aforsaid account paied by the Treasurer to M' Paddy and Captaine Willett 
towards the ainunition received by the countrey, as appeers in the pticulars 
in the credit. 

And nineteen pound nineteen shillings paid more for ainunition afor- 
said to the said M' Paddy and M"^ Willett by the townes ; the total summe 
paid, 99 : 06 : 09. 

The countrey due to pay for the said ainunition being but fifty pound, 
as is recorded in the Court booke, soe that there remaines due to the countrey 
from M"^ Paddy and M' Willett 19 : 06 : 09 ; which the Treasurer is to receive 
and to bee accountable to the country for, besides the 30" 05' 04'* aforsaid. 

*Creditt. 

To eight pound allowed him by the Court for his 1 

. / , ,„,„ [■OS: 00: 00 

pames for the yeare 1653, j 

Money deliuered to John Smith for carrying letters to "I 

Nawsett, j 

Transporting oyle from Nawsett, 00 : 06 : 08 

And from Yarmouth, 00:07:00 

Charges of cattle from Yarmouth, 00 : 04 : 06 

For letters to Sauory, 00 : 09 : 00 

Hier for a horse to Yarmouth, Nausett, and Barnstable, 00 : 12 : 00 

Expences in the said journey, 00 : 03 : 06 

For mending Jones Riuer bridge, 01 : 04 : 00 

To John Jenkens for attending on M' Prence, . . . 02 : 08 : 00 

M'' Browne vpon coinission, 02 : 00 : 00 

M-^ Browne att Taunton, 00 : 06 : 06 

ToKnowlesfor 01:00:00 

To Cap? Willett in pte for ainunition, 8T& of oyle, . . 16 : 00 : 00 

To him vpon the same account by John Barnes, . . 10 : 10 : 00 

More to Capt Willett vpon the same account by | 

Rickard, j 

And by John Cooke, 09:00:00 

And to M"" Paddy vpon the same account for ainunition, 11 ; 07 : 09 

VOL. nr. 9 



[*65.] 

The account 
giuen in by the 
Treasurer. 



66 



PLYMOUTH COLONY RECORDS. 



1654. 

1 August. 

[BbABI'OUD, 
GOVERNOK.] 



Charge about the oyle att Boston, for a horse, and 

other expences, 

A horse for M' Prence on coinission, 
Butter for the majestrates table, 
M"^ Browne on comission, 
Presse money, 



02 : 07 : 06 

01 : 00-: 00 
00 : 06 : 00 
05 : 02 : 00 
00 : 18 : 00 



76 : 12 : 05 



More Credit in Non Receipts due to the Countrey on the former Account in 

the Year (53). 

By Nicholas Hide, 25:00:00 

ByKerbey, 05:00:00 

By Edward HaU, 00:02:00 



30 : 02 : 00 



More by Abatements by the Court in Fines. 

From Thomas Dexter, 01 : 00 : 00 

By William Hailstone, • . 01 : 00 : 00 

By Thomas Launder, 02 : 00 : 00 

By losse in John Bryant, 



03 : 10 : 00 



Summe, 



07 : 10 : 00 



By leakege of 2 %l of oyle, 
By losse in a barrell of tarr. 



Creditt in total, 
August the 2«""*, 1654. 



04 : 00 : 00 
00 : 16 : 00 

04 : 16 : 00 

119 : 00 : 05 



ANTHONY THACHER, 
JOSIAS WINSLOW, 
THOMAS HINCKLEY. 



Memorandum : the account of Kennebecke is not taken neither for this 
yeare nor the former. 



COURT ORDERS. 

•Instructions from the Generall Court holden att Plymouth August the first, 
1654, for theire Comlssioners. 

1. That they consider with the other comissioners for some due repara- 
tion of the breach of any articles of the confederacon that may appeer broken, 
as in such case is prouided in the eleuenth article, or as may bee thought fitt. 

2. That such a fauerable construction or explanation bee made of the 
sixt article, that an offensiue warr bee not vndertaken without the consent of 
the Generall Courts, yf it may bee. 

3. That it bee considered for a constant place of meeting of the coinis- 

sioners either att Boston or Rehoboth, the charges thereatt to bee borne by the 

whole equally. 

WILLAM BRADFORD, 

WILLAM COLLYARE, 

JOHN ALDEN. 

Att this Court, M' Thomas Prence and M' John Browne were chosen 
comissioners for the following yeare, as any occation shall recLuire, to meet 
with the coiiiissioners of the other coUonies in confederacon, and authorised 
with full power to treat and acte with them as occation shall require, accord- 
ing to the articles of confederation of the Vnited CoUonies of New England. 
M' Hatherley and Captaine "Willett were the next in nomination. 



67 
1654. 

1 August. 
[Bradford, 
goyeenoe.] 

[*66.] 



*Jtt the Generall Court holden att Plymouth the 3^ of October, 1654. 3 October. 

[*67.] 

Before Wiliam Bradford, gent, Gofl, Timothy Hatherley, 

Thomas Prence, John Browne, and 

Wniam Collyare, John Alden, 

'Myles Standish, 

Gentlemen, Assistants, &6. 

THE comissioners, being returned from theire last meeting, informed the 
Court that they had determined with the rest of the coEaissioners of the 
other coUonies to send a certaine number of horse and footmen on a special 
message to Ninnegrett, the Nianticke sachem ; and incase nessesitie should 
further require, that they had joyntly agreed to send a 2"""'* supply of men 
out of the 4 Vnited CoUonies to warr against the said Ninnegrett ; whervpon 
warrants were forthwith directed to the cunstables of each towne to presse 



68 PLYMOUTH COLONY liECOKDS. 

16 5 4. the number of men out of each towne as foUoweth, according to theii' seuerall 
"■ ' proportions : — 

3 October. 

[Beadpoud, Plymouth, 6 Yarmouth, 4 

GOTEKSOII.] 

Duxburrow, 6 Barnstable, 5 

Scittuate, 8 Marshfeild, 5 

Sandwich, 4 Eehoboth, 4 

Taunton, 5 Eastham, 4 

The Forme of the Warrants. 

New Plymouth. To the Cunstable of, &6. 

These are in the name of his highnes the Lord Protector of England, 
Ireland, and Scotland, to will and coinaund you, ^sently on receipt heerof, 
without delay to presse the number of men out of youer owne towne, 

able and fitt to goe forth vnder the comaund of such officers as the counsell 
of warr shall appoint to bee imployed in goeing forth against Ninnegreet, the 
Nyanticke sachem, wherunto wee are nessesarily requked by the determina- 
tion of the coraissioners, and see that they bee sufficiently furnished with 
armes and ammunition, vizj, firelocke peeces, swords, bandaleers or pouches, 
with one pound of powder and one pound of buUetts to each man ; as alsoe 
that each man bee prouided of three dales prouision in his knapsacke ; the 
said men being prouided as aforsaid, you are heerby rec[uired to bring them 
to Plymouth vpon further order, and in the mean time to haue them in a red- 
dines att a dales warning for march, if occation shall require. "Wherof fayle 
not, &6. 

Att this Court, M' Josias Standish was allowed and approued by the 
Court to bee ensigne bearer of the milletary companie of Duxburrow. 

Leiftenant Samuell Rider was by warrant required to appeer before the 
Goil att Plymouth by the 19"* of this ^sent month, to answare for his afiront- 
ing the cunstable of Yarmouth in the execution of his office, and for vsing 
words vnto him tending to sedition. 
[*68.] *The freemen of Sandwich — vizj: M"" John Vincent, Thomas Burgis, 

Thomas Tupper, Richard Burne, and James Skiffe — desired some seuerall 
pcell of land att the places following, viz,J: som land by Marshpee Pond, 
and 10 acres of meddow ; some land by Satuett Pond to the valine of one 
hundred acres ; a neck of land by Coituett Riuer, to keepe cattle j certaine 
meddow lying vpon and about a place called Mannamuch Bay. 



COUKT ORDERS. gg 

Presentments by the Grand Enquest. 16 54. 

Impri, twee f>sent M^ Josepth Tilden, of Scittuate, for taking a false oath "T^^I^^ 
att Mai-ch Court last, about barley receiued of John Ramsden, afFeirming it to [Beadpoed, 
bee deliuered him for his own vse, which is proved to bee deliuered him for °'^'^^''°''-J 

JOf this p'sent- 
M' X VSe.J ment see more 

T tll6 6"* pcfs 

Item, wee ^sent the countrey highway betwixt Plymouth and Sandwich forward in this 
that is not cleared and made passable for man and horse, which wee conceiue ^""^"-I 

o • ^^^^ ^^'"•^ done 

belongs to Plymouth and Sandwich to doe, because it lies within theire by order of 
lymets. ^''''^' ^^^'"^ 

^ the seauenth, 

Item, wheras Joanses Riuer bridge and South Eiuer bridge haue been i^^^- 
formerly fsented, wee desire to enquire into the cause why nothing is done 
about it. 

It, wee desire some orderly course may bee taken, that those jpisons as 
doe liue in the coUonie and haue not taken the oath of fidelHtie may, accord- 
ing to the law in that case prouided, bee tendered the same. 

Att this Court, a warrant was issued out to require Leiftenant Samuell 
Ryder psonally to appeer before the GoQ on the 17* of October, 1654, to 
answare for his affronting of the cunstable of Yarmouth in the execution of 
his ofEce the last spring, when sent in the name of his highnes the Lord 
Protector to presse men for an entended expedition att that time. According 
to the abouesaid warrant, the said Ryder apeered ; and vpon his examination 
hee was freed for that time, hee glueing bonds for his appeerance att the next 
Court. 

Leiftenant Samuell Ryder acknowlidgeth to owe vnto the Court the 
summe of 10". 

The condition, that if the said Samuell Ryder shall appeer att the Gen- 
erall Court to bee holden att Plymouth aforsaid the first Tusday in March 
next, and bee reddy to answare all such things as either are or shalbee object- 
ed against him concerning his affronting the cunstable of Yarmouth, when 
required by authoritie in the name of his highnes the Lord Protector to presse 
men to goe forth ypon an expedition, and shall attend the said Court, and not 
depart the same without lycence ; that then, &6. 

*The 3* of December, 1654, John Palmer, of Scittuate, appeered 3 December, 
before the GoQ and Cap? Willett, and complained against Wiliam Barstow for [*69-] 
wronge done him by the said Barstow about a tree ; wherupon they were 
aduised to agree betwixt themselues, which according they did, vizj, that the 
said tree, being fit to make trayes or milke vessels, shouldbee equally deuided 
betwixt them ; and soe the contrauersy was ended. 



70 



PLYMOUTH COLONY RECORDS. 



1654-5. 

14 February. 
[Bradford, 
Governor.] 
February M"", 
1654. ThisTer- 
dict came not 
to mee vntill 
now to bee re- 
corded. 



Wee, whose names are heer vnderwritten, being inhabitants of the towne 
of Marshfeild, being, by the prouidence of God, mett together about the 
buriall of a young man of the said towne, by name Henery Draiton, whoe 
hath suddenly come to his end, thought it our duty to examine and to take 
the best notice wee could, for the satisfaction of the Court and all whom it 
may concerne, haue taken the examination of the family of M"' Edward Wins- 
low, doe find as foUoweth : that hee, coming to the house ouer night with his 
gun fi;om fowling, was well ouernight, and suped with the seruants ; and the 
next morning, being the fourth of this ^sent December, the seruants, seeing 
him prouiding to goe a fowling, pswaded him not to goe, the weather being 
very vnseasonable ; but hee was very angrey, and refused to harken to them ; 
and when they were gone in to dewtyes hee went away, and was seen no more 
till hee was found dead by M"^ John Winslow, goeing towards his sonne, Robert 
Latham ; hee found him lying on his bell}', with three doggs not fare of from 
him, and his gunn and three duckes not farr from him. Alsoe, wee, haueing 
taken a view of him dead in his clothes, and alsoe stripped, wee testify as fol- 
loweth : that hee died, for ought wee could descerne, through the violence of 
the season and ouer trauelling, and labouring to come to the house of M' 
Edward Winslow ; and this wee doe all joyntly and seuerally sett to our 
hands as one mann, and shalbee reddy to testify it vpon oath if need shall 
require. 

NATHANIELL THOMAS, 

KANELME WINSLOW, 

JOHN DINGLEY, 

JOSEPH BEEDLE, 

EGBERT CARUER, R C his marke. 

ANTHONY SNOW, 

JOHN THOMAS, 

JOHN BUCKE, 

JOHN ROUSE, '^ his marke. 

EDW: / his marke, BUMP AS, 

JOHN RUSSELL, 

SAMUELL FULLER. 



T 



COURT ORDERS. 71 

*J.tt a Court of Assistants holden att Plymouth the sixt of Febrewary, 1 6 54-5. 

1654. — ^^^ 

6 February. 
[Bradfokd, 

Before Wiliam Bradford, gentle, GoQ, John Alden, and Governor.] 

Wiliam Collyare, Thomas "WiUett, t*'^*^"^ 

Miles Standish, 

Gentlemen, Asistants, &6. 

HE following verdict was ordered to bee recorded : — 

Marshfeild, the last of January, 1654. 

Wee, whose names are vnderwritten, being appointed a jury by M' 
John Alden to view the dead body of John "Walker, seruant to Eobert 
Latham, of this towne, and to find the cause how hee came to his vntimely 
end, — 

Wee, Tpon due serch and examination, doe find that the body of John 
Walker was blackish and blew, and the skine broken in diuers places from 
the middle to the haire of his head, viz^, all his backe with stripes giuen him 
by his master, Eobert Latham, as Eobert himselfe did testify ; and alsoe wee 
found a bruise of his left arme, and one of his left hipp, and one great bruise 
of his brest ; and there was the knuckles of one hand and one of his fingers 
frozen, and alsoe both his heeles frozen, and one of the heeles the flesh was 
much broken, and alsoe one of his little toes frozen and very much perished, 
and one of his great toes frozen, and alsoe the side of his foot frozen ; and 
alsoe, vpon the reviewing the body, wee found three gaules like holes in the 
hames, which wee formerly, the body being frozen, thought they had been 
holes ; and alsoe wee find that the said John was forced to carry a logg which 
was beyond his strength, which hee indeauoring to doe, the logg fell vpon 
him, and hee, being downe, had a stripe or two, as Josepth Beedle doth tes- 
tify ; and wee find that it was some few daies before his death ; and wee find, 
by the testimony of John Howland and John Adams, that heard Eobert 
Latham say that hee gaue John Walker som stripes that morning before his 
death ; and alsoe wee find the flesh much broken of the knees of John Walker, 
and that hee did want sufficient food and cloathing and lodging, and that the 
said John did constantly wett his bedd and his cloathes, lying in them, and 
soe suffered by it, his clothes being frozen about him ; and that the said John 
was put forth in the extremity of cold, though thuse vnabled by lamenes and 
sorenes to pforme what was required ; and therfore in respect of crewelty 




6 February. 
[Beadfoed, 
goveenoe.] 



PLYMOUTH COLONY RECOKDS. 

and hard vsuage hee died ; and alsoe, vpon the 2"^™* review, the dead corpes 
did bleed att the nose. 

ARTHER IIOWLAND, 

JOHN BRADFORD, 

JOSEPTH BEEDLE, 

ROBERT R C CARUER, 

JOHN DINGLEY, 

ANTHONY SNOW, 

JOHN BOURNE, 

JOHN HOWLAND, Juni^ 

JOHN THO^MAS, 

JOHN WALKER, 

TIMOTHY J WILLIAMS, his marke. 

JOSEPH 0> ROSE, his marke. 



[*71.] 



6 March. 



1655. 



5 June. 



*Att the said Court the said Robert Latham appeered, and was examined, 
and after examination comitted to the custidy of the cheife marshall, and soe 
to remaine vntill the next Generall Court, to bee holden att New Plymouth 
the sixt of March, 1654, vnlesse two sufficient men shall come in in the 
interim, and bee bound for his appeerance, body for body. 

Att this Couit, Wiliam Pitman was ^sented before the Court for stealing 
and ploying sundry things from Wiliam Crow ; and after examination, being 
suspected to haue stollen sundry other things from both the said Wiliam Crow 
and others, hee was injoyned by the Court to appecr att the Generall Court 
aboue expressed, and in the mean time to agree with those psons hee hath 
wronged by stealing from them as aforsaid, and to giue the Court an account 
of what hee done in that behalfe. 

Accordingly, the said Pitman appeered att the Generall Court holden att 
Plymouth the sixt of March, 1654 ; and the Court then saw reason to refer 
him to further consideration, and enjoyned him to appeer att the Court of 
Asistants to bee holden att Plymouth the first of May, 1655. 

And att that Court, hee was sent for, but could not bee found ; vpon 
which the Court sentanced him, that if hee could bee found, hee should bee 
publickly whipt for his abouesaid misdeamenors ; which accordingly was 
g>formed. 

Att the Court held the fift of June, 1655, the Court ordered, that Samuell 
Fuller, of Plymouth, should haue a paire of lether breeches, vallued att twenty 
shillings, which were belonging to Wiliam Pitman, which hee left behind 
him, in lew of a steel mill the said Pitman stole from the said Samuell Fuller. 



COUKT OKDERS. 



73 



*Att the Generall Court holden att JVew Plymouth the sixt Day of 1654-5. 

March, 1654. 



Before Wiliam Bradford, gen?, Gofl, 
Wiliam CoUyare, 
Thomas Prence, 
Myles Standish, 



Timothy Hatherly, 
John Browne, 
John Alden, and 
Thomas Willett, 



6 March. 

[BRADrORD, 

Governor.] 
[*72.] 



Gentlemen, Asistants, &6. 

"13 OBERT LATHAM was indited for fellonious crewelty done vnto John 
-L \j Walker, his servant, aged about 14 yeai-es, by vnreasonable correction, 
by withholding nessesary food and clothing, and by exposing his said servant 
to extremltie of seasons, wherof the said John Walker languished and imea- 
diately died, the 15 day of January, anno 1654. 

The said Robert Latham put himselfe vpon tryall, according to law. 

The grand jury found the bill of inditment a true bill. 

Whervpon a pettye jury was impannelld and sent forth vpon the case ; 
theire names are as foUoweth : -^ 



M"^ Thomas Dexter, SenT, ' 
Josepth Andrews, 
Robert Studson, 
James Torrey, 
Marke Eames, 
Wiliam Paybody, 



sworne. 



Robert Dennis, 
Samuell Arnold, 
Thomas Hinckley, 
Nathaniell Bacon, 
John Finney, 
Richard Chadwell, 



sworne. 



These found the said Robert Latham guilty of manslaughter by chaunc 
medley. 

Whervpon the prisoner desired the benifitt of law, vizj, a psalue of 
niercye, which was graunted him; and sentance was further pronownsed 
against him, which was, that the said Robert Latham should bee burned in 
the hand, and his haueing noe lands, that all his goods are confiscate vnto his 
highnes the Lord Protector ; and that the said sentance should bee forthwith 
executed ; which accordingly was pformed the 4"" of March, 1654. 

Wiliam Pitman haueing been bound to appear att this Court, to giue 
account of what satisfaction hee hath made to those hee stole certaine goods 
from, espetially Wiliam Crowe, hee accordingly appeered, and declared hee 
was in a way to giue satisfaction to Wiliam Crow ; notwithstanding the Court 

VOL. in. 10 



Yarmouth 
againe, 



74 PLYMOUTH COLONY EECOEDS. 

165 4-5. saw reason to enjoyne him to appeer att the next June Court, to giue further 
^ ~^ answare to the ©mises. 

6 March. 

rBRADPOKD •^** *^^ Court, Samuell Eyder, SenI, haueing formerly been leiftenant 

GoTERNOR.] of the milletary companie of Yarmouth, was put out of his said office for 

J resisting the cunstable when hee came with a warrant to presse in the name 

held the fift of °f ^i^ highnes the Lord Protector, and for expressing threatening speeches to 

June, 1655, this ^^^ gg^-^j cu^gtable : and the said Ryder is to bear armes as a common soldier. 

scntance was "^ 

reversed, and M"^ John Freeman was approued by the Court to bee ensigne bearer of 

the said Ryder i -n • % -n ^ 

approued of to ^^^ milletary compame oi Lastham. 

bee leiftenant Wiliam Chase, Juni', for ffoeing into the house of Richard Berry, and 

of the milletary > ' b o J' 

companie of taking away by violence a pcell of flax and a smale pcell of hose yarne, was 
sentanced to sitt in the stockes an houre on a training day att Yarmouth. 

John Woodcocke, of Rehoboth, for goeing into an Indian house, and 
taking away an Indian child and som goods, in lue of a debt the said Indian 
ought him, was sentanced to sitt in the stockes att Rehoboth an houre on a 
training day, and to pay a fine of forty shillings. 

Adonijah Morris, for goeing into the said Indians house, and taking away 
goods in lue of a debt due to him, was fined forty shillings. 

Att this Court, Peter Gaunt, Ralph Allen, Seni'', and Gorg Allen, ap- 
peered to answare for neglecting to frequent the publick worship of God ; 
and being required to speak to that pticulare, Peter Gaunt afeirmed hee knew 
noe publicke vizable worship now in the world, wherunto the said Ralph Allen 
assented, but Gorg Allen decented ; the case was left to further consideration. 

Wheras sundry psons haue died att Taunton, whose wills and the inven- 
toryes of theire estates haue not been orderly proued, in regard those whom it 
concerneth, being widdows, cannot conveniently trauell to the Court, M' 
Browne is deputed by the Coiurt to require them to take oath to such wills and 
inventoryes att Taunton, that soe they may bee recorded according to order. 

Wheras John Lewis, somtimes seruant to M'' Varssall, of Scittuate, is 
departed the goQment indebted vnto John SafBn. and others, and hath left som 
goods in the hands of Wiliam Parker, of Taunton, the Court doth order, that 
the said goods shalbee for the satisfyeng of the debts hee owed to the said 
John Saffin att his departure. 
[*74.j ' *The Court doth declare that both the propriety and jurisdiction of the 

three score acres of marsh lying on Scittuate side of Bound Brooke, att the 
riuers mouth, next vnto the sea, according to the order of the comissioners, 
doth belonge vnto the goQment of the Massachusetts. 

The Court doe allow vnto the cheife marshall forty shillings for attend- 
ance vpon the GoQ, in June last, when the expedition against th« Duch was 
in hand. 



COURT ORDERS. 

JWheras M' Josepth Tilden was ^sented for taking a false oath, and hath 
put the case vpon trauerse, and the jury haue found it a true psentment, for 
which hee is by the Court fined ten pounds, although wee conceiue hee was 
draune into it by the base and ill cariage of John Ramsden. 

The Juries Names that tried this ^sentment. 




M' Thomas Dexter, Seni'," 
Josepth Andrews, 
Marke Eames, 
Wiliam Paybody, 
Robert Dennis, 
Samuell Arnold, 



Leifi Southworth, ' 
Gorge Watson, 
Thomas Hinckley, 
Nathaniell Bacon, 
John Finney, 
Richard Chadwell, 



6 March. 
[Beadfoed, 
goveenoe.] 

JThis done by 

order of Court 

March the 

seauenth, 

1658.+ 



sworne.J 



Presentments by the Grand Inquest att March Court, 1654. 

Imprimis, wee ^sent Wiliam Randall, and Elizabeth, his wife, of Scit- 
tuate, for abusing the cunstable, Walter Hatch, in word and action, as by 
threats, and refusing to giue cecuritie according to the warrant, and that when 
hee strained for the majestrates table, his wife tore the destresse out of his 
hand, and hurt his hand soe as blood was sheed. 

It, wee ^sent the same Wiliam Randall for selling stronge waters to an 
Indian. 

It, wee ^sent James Gleghorne, and Abia Lumbard, his now wife, of 
Barnstable, for carnall copulation before contraction. 

It, wee p>sent Allice, the wife of Richard Berry, of Yarmouth, for goeing 
into the house of Benjamine Hammond, when noe body was att home, and 
felloniously tooke away a womans shift, that was new made, but without 
sleeues, and a peece of porke. 

It, wee psent Joane, the wife of Obadiah Miller, of Taunton, for beating 
and reviHng her husband, and egging her children to healp her, biding them 
knock him in the head, and wishing his victials might coake him. 

I?, wee ^sent Thomas Clarke, of Plymouth, for taking of six pounds for 
the bare loane of twenty pounds for one yearc, which wee conceiue is great 
extortion, contrary to the law of God and man. 

Vt, wee ^sent John Pecke, of Rehoboth, for laciviouse carriages and 
vnchast in attempting the chastitie of his fathers maide seruant, to satisfy his 
fleshly, beastly lust, and that many times for some yeares space, without any 
intent to marry her, but was alwaies resisted by the mayde, as hee confesseth. 

*The 29"^ of March, Leiftenant Thomas Southworth tooke the oath of 
an Assistant, to serue in that office att the Riuer of Kennebecke the g>sent 
summer, according to the nature and tenure of the office implyed in the oath. 



For what 
wrong was 
done to the 
cunstable, the 
Court remite it 
vpon his re- 
quest, and 
sence fuly re- 
mited. 

This is alsoe 
remited. 

Paied the fine. 



Punished att 
home. 



Cleared by 
tra;ierse. 



Fined fifty shil- 



1G5 5. 

29 March. 

[*75.] 



76 PLYMOUTH COLONY RECORDS. 

1 6 5 0. Att a Court of Asistants holden at Plymouth the first Day of 
' ' ' May, 1655. 

[Bradford, 

Governor.] Before Wiliam Bradford, gent, GoQ, Timothy Hatherley, and 

Wiliam CoUyare, John Alden, 

Myles Standish, 

Gentlemen, Asistants, &5. 

A COMPLAINT was made by Samuell Cutbert against Edward Gray 
about a bargaine made by them concerning a lott of land the said Gray 
bought of the said Cutbert, for which hee was to pay him fine pound in a cow. 
The Court, haueing heard what could bee said on both sides, found the com- 
plaint made by Cutbert in a great measure to bee vnjust. Gray haueing, as 
apeered, giuen the said Cutbert leaue to make choise of a cow out of his 
cattell ; whervpon the Court pswaded the said Gray to accept of 3 bushels 
of Indian corn for the wintering of the cow, which hee did, from the said 
Cutbert, and soe the difference is ended. 

Concerning a controvercye about a propriety of herrings or alewiues, 
challenged by Thomas Burgis, of Sandwidg, pe% belonging vnto a pcell of 
land graunted to him att Mannomett, the towne of Sandwidge haueing im- 
ployed Wiliam Newland as theire agent about the said difference, the Court, 
haueing heard and concidered of the ^^mises, determined as followeth, vizj : 
that the said Thomas Burgis shall haue aiiually ten thousand herrings, as 
appertaining vnto him by right of the aforsaid land, to bee taken vpp att two 
seuerall times in the season of herrings, according to the ordinary custom 
agreed vpon and practised by the inhabitants of Sandwidge about their her- 
rings ; and his pte or share as a townesman to belonge vnto him notwithstand- 
ing ; and incase that the latter pte of the abouesaid ten thousand of herrings, 
which is fiue thousand, can not bee had according to the abouesaid order, in 
regard they com not in, that then the said Thomas Burgis is to haue them, or 
the remainder of them, bee they more or lesse, the yeare following. 

Captaine Standish and M'' Alden haueing formerly ben ordered by the 
Court to goe with Experience Michell and Philhpe Dellanoy to shew them, as 
neare as they could, the bounds of the lands which was somtimes theires in 
the township of Marshfeild, now possessed by Arther Howland and the suc- 
cessers of Thomas Chillingsworth, att this Court they declared that they had 
done according to the aforsaid order. 

Att this Court, Ephraim Tinkham and Arther Hathawey desired liberty 



couKT ohders. 77 

of the Court to goe vp with, theire familyes to Hue on the lands of John 16 55. 
Barnes, att Lakenham ; to which the Court answared that they would not ^ ^"^ 

, . , , . . . „ . . 1 May. 

hinder them, but mease any just complaint should come of any inconveniency rgj^^nroED 
either respecting themselues or others that may arise, it was put to them to Goveknok.] 
consider how difficult it would bee for them to pluck vp and remoue againe, 
if they should thervnto bee nessesaryly required. 



*M a Generall Court holden att JVew Plymouth the eighth of 8 June. 

June, 1655. t*'''^-! 

Before Wiliam Bradford, gentleman, Gofl, Timothy Hatherley, 
"Wiliam Collyare, John Browne, and 

Myles Standish, John Alden, 

Gen?, Asistants, &6. 



M 



« WILLAM BRADFORD elected GoQ, and sworne. 
M' Thomas Prence, 



elected Asistants. 



elected comissioners. 



Cap? Myles Standish, 

M"^ Wiliam Collyare, 

M' Timothy Hatherley, 

M' John Browne, 

M' John Alden, and 

Ca^? Thomas Willett, 

M' Thomas Prence and 

M' John Browne, 

and Cap? Thomas Willett, \ . . . 

\ next in nomination. 
Cap? James Cudworth, J 

Cap? Myles Standish elected Treasurer. 

Freemen admitted this Court, and sworne. 

James Torry, , Francis West, 

M' Josias Standish, John Bryant. 



78 



PLYMOUTH COLONY KECORDS. 



1655. 

8 June, 
[Bradfokd, 
governoe.] 



[*77.] 



The Names of such as stand propounded to take vp theire Freedom. 

Gorge Russell, Robert Fuller, 

Josepth Laythorpe, Thomas Ensigne, 

Humphry Johnson, John Woodfeild, 

Nathaniell Warren, John Rickard, 

Hezekiah Hoare, Josepth Howes, 

Josepth Colman, Wiliam Bassett, Juni', 

John Damman, Phillip Walker, 

Marke Snow, Jonathan Blisse, 

John Butterworth, Wiliam Walker. 

The Cunstables of the seuerall Townes. 

Plymouth, Thomas Whitney, 

r Wiliam Clarke, 
[ & another to bee aded. 
f Thomas Pinchen, 
' \ John Turner, Seni^ 

Sandwidge, Steuen Winge. 

Taunton, John Tisdall. 

Yarmouth, Thomas Boardman. 

Barnstable, Robert Shelley. 

f M' John Bradford, 

Marshfeild, "^ -r.- , -, c--, 

[ Richard Suuester. 

Rehoboth, One yett to bee chosen at home. 

Eastham, Marke Snow. 



Duxburrow, 



Scittuate, 



•The Grand Enquest. 



Josepth Andrews, 
Gabriell FalloweU, 
M' Nathaniell Willis, 
Robert Bartlett, 
Andrew Ringe, 
Matthyas Briggs, 
Isack Chettenden, 
Wiliam Harvey, 
Peter Pitts, 
Edward Sturgis, 



> swome. 



John Palmer, 
M' Edward Dillingham, 
Thomas Butler, 
Thomas Huckens, 
John Winge, 
Josepth Laythorpe, 
John Dingley, 
Wiliam Maycomber, 
Jonathan Bhsse, 
Phillip Walker, 
Nathaniell Mayo. 



• sworne. 



COURT ORDERS. 



T9 



Suivayors for the Highwaies. 
' Robert Finney, 



Plyffl, 



Duxbu, 

Scittuate, . 

Sandwidge, 
Taunton, . 
Yarmouth, 
Bams?, 
Marshfeild, 
Rehoboth, . 
Eastham, . 



Plyffi, 



Duxburrow, 
Scittu, . 
Sand, 

Taunton, . 
Yarmouth, . 



Henery Wood, 

Wiliam Spooner. 
C Thurston Clarke, 
\ Zachariah Soule. 
f John Stockbridge, 
I Wiliam Wills. 
( Benjamine Nye, 
j Wiliam Swift. 
f. Gorge Macye, 
( Francis Smith. 

M' Wiliam Lumpkin, 

Tho Fallan. 
r Henery Bourne, 
[ Tho Burman. 

John Phillipes, 

Timothy Williamson. 

Richard Ingeram, 

John Fitch, 
f Robert Sparrow, 
[ Robert Vixon. 



The Deputies of the seuerall Townes. 

M'^ John Howland, 
John Dunham, Seni', 
John Cooke, 
I. Tho Clarke. 

{Constant Southworth, 
Wiliam Paybody. 
r Cap? James Cudworth, 
(^ Robert Studson. 
M"^ John Vincent, 
James SkifFe. 
Leiftenant James Wyate, 
Rich Williams. 
M"^ Edmond Hawes, 
Wiliam Nicarson. 



165 5. 

8 June. 
[Bkadfokd, 
Govehnor.] 



80 PLYMOUTH OOLQNy RECOEDS. 

1 6 5 5- / Thomas Hinckley, 

*~ ^^ ' ' I Nathaniell Bacon. 

[BnABroitB, . / ^^ Anthony Eames, 

Qo^mm^.] Marshfeild, | M' Josias Winslow. 



Eehoboth, -j 



( My Stephen Payne, 
Peter Hunt. 

( Rich Sparrow, 

Eastham, '^ -n- ». tt- 

(^ Jtiich Higgens. 



[*78.] *The milletary. officers, settled according to the request of the seuerall 

toTvnes, are as followeth : ^— 

For Marshfeild, M' Josias Winslow, Juni"', for captaine ; for leiftenant, 
M' Peregrine White ; for ensigne, Marke Eames. 

Scittuat, James Torrey, for leiftenant ; John Williams, Junior, for 
ensigne. 

Sandwidgc. Thomas Dexter, Juni', for ensigne. 

The pticulares propounded by the GoQ as reasons wherfore hee is not willinge 
to accept his place for the full yeare vnlesse som speedy course bee taken 
for the redresse of the same : — 

1. Wheras formerly complaint hath been made diuers yeares of a great 
neglect that hath been in seuerall places of this gouerment, that competent 
mayntainence hath not been aforded to the minnestry, and since many are 

' remoued. 

2. That due course hath not been taken for the suppressing of error, 
whervpon great confusion is like to follow, and the peace and comfort of the 
churches desturbed. 

3. These thinges haue been tendered to the deputies, and they haue had 
a dayes consideration therof, and noe satisfaction hath been giuen. 

4. The absence of some of the magestrates, whose mindes are not 
knowne whether they will serue in the place of Assistants to which they are 
elected, and one elected to the same place i-efusing to take oath therin, being 
vnsatisfyed in the pticulars aboue expressed. 

5. That there is noe certainty whether the psons elected to the place of 
comissioners will vndertake the same or not, and that there is noe certaine 
meanes prouided for the same. 

6. Notwithstanding, in regard of the ^sent exegent I ame contented, 
incase that the rest of the magestrates will goe on and take theire oath, I 
wilbee willing to sitt by. 



COUKT ORDERS. 



81 



7. If they shall please to goe on as they are, I will goe on with them, 1655. 
as in a case formerly wee haue done, in the discharge of my place, till by ' ' ' 
a further adjourment things may bee better settled, and then I will, with the rBni^DPOKD 
rest, take a new oath, prouided I bee att liberty, if I bee not better satisfyed Governok.] 
att the adjournment. 

8. That the adjournment of the g>sent Coiurt shalbee within two monthes Of this see the 
next after this g>sent day, being the seauenth of June, 1655. After this there ders''\nnr 
was a joynt concurrance in the majestrates g>sent to accept theire places, M' ^®^^- 
CoUyare onely excepted ; the deputies tooke the abouesaid writing apart and 
considered therof, and propounded sundry thinges in way of satisfaction, 

which, being rectified, were enacted by the Court as they are e x . 

*"Wheras a petition was ^sented to the Generall Coui-t att Plymouth, the [*79.] 
fift of June, 1655, by seuerall inhabitants of the towne of Rehoboth, whose 
hands were thervnto subscribed, desiring the Court to asist them in a way 
according to the orders of other coUonies about them, for the raising mayn- 
taynance for the minnestrey. The some of the petition seemed to hold forth, 
that those whose hands were not subscribed contributed nothin, or soe little 
as was not esteemed, of which petition occationed some desputes about a 
forcable way to compell all the inhabitants of that towne to pay a certaine 
sum euery yeare towards the mayntainance of the minnester ; whervpon M' 
John Browne, one of the majestrates then siting in Court, and being one of 
the inhabitants of that towne, and not being made acquainted with the said 
petition vntill the names of the inhabitants were subscribed, to issue the said 
troublesome contraversy and take of the odivm from others, did propound 
that, forasmuch as those whose hands were to the petition desired to submitt 
themselues vnto a rate, that iff the Court would send two of the majestrates 
vnto Eehoboth to take notice of the estates of the petitioners, hee would 
engage himselfe in the behalfe of those whoe were then inhabitants of the 
said towne, whose hands were not subscribed to the petition, that they should 
voulentarily contribute according to theire estates ; and if any of them fall 
short in this busines, hee would supply that want out of his owne estate, and 
this hee would make good by ingageing his land for seauen yeares in theire 
behalfe while they stayed, though hee himselfe should remoue from the place ; 
which was approued of, and Cap? Standish and M"^ Hatherley were then made 
choise of by the Court to see it ordered accordingly. 

In further answare to a petition prefered to the Court by the church of 
Marshfeild the last yeare, desiring healp in a like case as aboue expressed, the 
Court ordered and requested two of the majestrates, — videlecett, Cap? Stan- 

VOL. III. 11 



82 PLYMOUTH COLONY KECORDS. 

1655. dish and M'' Alden, — to goe ouer to Marshfeild, and att a publicke towne 
' '^ ^ meeting to signify vnto them the Courts desire is, that the inhabitants of the 
~ said towne would take notice of theire dutyes soe as to contribute according 

[BRA.DPORD, •' ° 

Governor.] jq theire abilKties freely to the mayntainance of the minnester, that soe the 
said minnester may carry on comfortably in despensing the word of God 
amongst them, that soe theire may bee noe just cause of complaints for the 
future in that behalfe. 

[*80.] *Att the Generall Coiu-t holden att Plymouth, June 6">, 1655. 

The grand enquest ^sent as foUoweth : — 

Jlmpp'', wee ^sent Susanna, the wife of Robert Latham, for being in a 
great measure guilty, with her said husband, in exerciseing creuelly towards 
theire late seruant, John Walker, in not affoarding him convenient food, ray- 
ment, and lodging ; especially, in her husbands absence, in forceing him to 
bring a logg beyond his strength.^: 
Measures are Km, wee ^sent the towne of Plymouth for that they haue not prouided 

and sealed. standards for measures, to the much pjedice of the seuerall townshipes. 

Item, wee ^sent the towne of Marshfeild for want of a pound, stockes, 
and whiping post, contrary to order. 

Item, wee psent the towne of Duxburrow for the same defecte. 
Cleared by pa- Item, wee g>sent John Sprague and Ruth Bassett, of Duxburrow, for 

mg e ne. fornication before they were married. 

It, wee ^sent Josepth Andrews and Robert Barker, survayors for the 

highwaies, for neglecting to mend the highwaies in the township of Duxburrow. 

Item, the towne of Plymouth for not haueing a pound for cattle. 

Item, wee ^sent the towne of Plymouth for that the country way betwixt 

theire towne and Sandwich townes bounds is not cut passable for man and 

horse. 

Item, wee psent the towne of Sandwidg for being without stockes and 
whiping post. 
Owning the p'- Item, wee fsent Hugh Cole, and Mary Foxwell, his now wife, in keep- 

i™th iT ^ ^ ^^S company each with other in an vndecent manner, att an vnseasonable time 
fined 20'. and place, before marriage. 

Item, wee ^sent Jane, the seruant of Willam Swift, for an acte of forni- 
cation, by her owne confession vpon examination. 
Fined 10', or, Item, wee ^sent Alice, the wife of Rich Berry, for theiuish milking the 

'tfr'to sTtnl' cow of Tho Phelps, of Yarmouth, 
the stockes att j^^ ^ge fi>sent the towne of Eastham for wanting a pound for cattle. 

Yarmouth an o jr 

houre the neixt I?, Wee g'sent the towne of Sandwidge for being defectiue in not haueing 

theire full proportion of common aimes according to order. 



8 June. 
[Beadpord, 



COUET ORDERS. g3 

Wheras there is an order that all residing in the coUonie should take the 16 5 5. 
oath of fidellitie, wee can not find ground to p>sent the breach therof, though 
•wee haue many in sundry of our townes that haue not taken the same because 
many of vs haue noe majestrate in our townes, and alsoe because wee haue Goveknok.] 
noe list whoe haue taken the same, therby to know whoe haue not, nor bookes 
of orders to tender them the oath. 

Item, wee desire to quere whether the order made in anno 1652 doe giue 
liberty to the old comers to take vp each pticulare pson his pticulare propor- 
tion in diuers pticulare pcells to the appropriateing diuers other tractes to 
theire owne benifitts, by disableing them to bee seruicable to accomodate any 
other men, as alsoe the benifitt of the seacost, to the prejudice of the coUonie, 
as is conceiued. 

It, wee ^sent that wheras there is an order of Coui-t for fortifications in 
euery township to bee made, the defecte therof is soe generall that there are 
not innocent psons enough amongst vs to ^sent the pticulare defectes, there 
being soe generall a fault. 

*iires of adminnestration were graunted by the Court vnto Nathaniell Ba- [*81.] 
con, of Barnstable, to adminnester on the estate of Anthony Gilpin, deceased. 

The Court doe allow vnto Gorge Lewis, of Barnstable, for charge and 
trouble about the said Anthony Gilpin in his sicknes and all other times, the 
sume of six pound three shilKngs and four pence, besides ten shillings for the 
wintering of an heifer, and two shillings and six pence which was brought in 
vpon account afterwards. 

The Court haue examined the two grandjurymen of Barnstable, vizj, 
Samuell Fuller and Wiliam Crocker, about an oath' giuen by M' Prence to 
two witnesses concerning a case about Hugh Cole ; and they did both affeh-me 
before the Court that M' Prence did not instigate them to g>sent Hugh Cole, 
but that they themselues were the first that mentioned it to him, requesting 
him to giue oath to the said witnesses before euer hee spake to them about it. 

Concerning complaint made by John Hall, of Yarmouth, against Francis 
Baker, of the same towne, for abusing Samuell Hall, his son, and seruant to 
the said Baker, by kicking of him and otherwise vnreasonably stricking of 
him, the Court haue ordered, that the said Samuell Hall shall bee and continew 
with his said father vntill the next Court of Asistants ; and then incase the 
said Baker shall come and complaine to the said Court, hee is to acquaint the 
said Hall therwith, that soe hee may come with him, and they shalbee heard. 

Ordered, that incase the towne of Sandwidge doe not prouide and send There were two 

r^ » ^ m f t"" sence sent to 

vnto October Court next two men to serue in the office of grandjufmen, they serue in the 
shalbee then fined according to order. ^ '"'^' 



84 PLYMOUTH COLONY RECORDS. 

1655. And incase theii-e cunstable last chosen doe not come to Plymouth, the 

" '' "* next weeke after this first session of the Court is ended, and take his oath to 

8 June. 

rBEADFOKD ^srue in the said office, hee shalbee lyable to fine likewise. 

GovERNOB.] Wheras by a warrant from M' John Browne, directed to the cunstable 

of Taunton, John Cobb, of the same towne, was arested att the suite of James 
Eogers, of Road Island, and that the said John Cobb appeered att Plymouth 
before this Court, and entered bond for his appeerance to answare the said 
suite, Leiftenant Wyate came into the Court and engaged to pay the debt, 
and soe the said Cobb is cleared. 

This Court was adjourned vnto Tuesday, the first of July, 1655. 



2 July. *Jltt the 2'°^ Session of the Generall Court, began att Plymouth the 
[*82.] 0t of June, 1655, and holden att Plymouth aforsaid the 2"^^ of 

My, 1655. 

Before Willram Bradford, gentle, GoQ, John Browne, and 

Wiliam CoUyare, John Alden, 

Timothy Hatherley, 

Gentle, Asistants, &6. 

THE liberty formerly graunted to the freemen for seeking out of lands for 
accoinodation of them and theire posterities, the tearme of time is in- 
larged vntill June, 1656, prouided it doe not prejudice any township alreddy 
settled, and that it doe not cause or breed any desturbance amongst the Indians. 

In answare to a former request made to the Court by M' Browne as his 
right, Hberty is graunted vnto him to take vp two hundred acres of land for 
his sonnes vpon Patuckett Riuer, northward from M"^ Blackstones. 

Att this Court, liberty was graunted to the towne of Plymouth to pur- 
chase land of the Indians att Sepecan, to winter cattle vpon. 

In reference vnto a former engagement vnto James Skiffe for his former 
seruice, the Court haue graunted vnto him a smale pcell or tract" of land lying 
att Mannomett, videlect, a smale necke deuided into two ptes by an inlett of 
water coming out of the riuer that bounds the land of Thomas Burgis, Seni', 
on the other side that riuer, directly ouer agaiust the said Thomas Burgis his 
land, which was formerly the companies, wher they had a trading house, vizj, 
all the said necke soe deuided as abouesaid, with all and singulare the appur- 
tenances, priuilidges, and emunities belonging therunto, with all the meddow 



COURT ORDERS. 85 

of any kind bordering vpon the said necke or lying on the skirts therof, to 165 5. 

haue and to hold vnto the said James SkifFe, hee, his heires and assignes, ''' 

2 jiiUy, 

In regard of som straites and hardships vpon Richard Bourne and others, Goternor,] 
the freemen of Sandwidge, the Court haue graunted vnto them that, incase 
they shall find any pcells of meddow about Mannomett, or other places near, 
bordering vpon Sandwidge, that shall not bee found to intrench vpon lands 
alreddy graunted to any, or shall not hinder a plantation, or breed or occation 
any desturbance amongst the Indians, they haue liberty to make vse and 
improue the same for the supply of theire wants aboue expressed. 

Liberty is graunted vnto Richard Bourn, of Sandwidge, to make vse of 
som vpland meddow lying att the end of Mashpee Pond, provided hee doe it 
with the concent of the Indians to whom it belongeth. 

*The Number of the Woulues killed by the Indians in the seuerall Townships [*83.] 
of this Jurisdiction sence the last Yeare. 

Plymouth, . 
Duxburrow, . 
Scittuate, .... 
Sandwidg, . 
Taunton, .... 

Being proportioned on each towne comes to, — 
Barnstable to receiue for their woulues this 

June Court, 1655, 

To Yarmouth, . 
To Sandwidg, . 
To Plymouth, . 
To Eastham, 



3 


Yarmouth, . 


. six. 


1 


Barnstable, . 


. nine 


1 


Rehoboth, . 


. two. 


4 


Eastham, 


. four. 


1 







03 : 02 : 03 



Due to Plymouth for the woulues 
This yeare, in 1655, .... 



01 : 14 : 09 
00 : 07 : 04 
00 : 02 : 03 
00 : 19 : 09 



in 1654, . 03 : 16 : 00 
. . . 00:02:03 



03 : 18 : 03 



What Taunton is to pay to tihe charge, . . 00 : 15 : 03 

Scittuate, 01 : 15 : 4i 

Duxburrow, 00 : 15 : 3 

Rehoboth, 01 : 15 : 4i 

Marshfeild, 01 : 05 : 3 



06 : 06 : 06 




PLYMOUTH COLONY EBC0KD8. 



2 July. 
[Beadfoed, 
gotebnoe.] 



Barnstable, nine woulues, 
Yarmouth, six woulues, . 
Sandwidge, foure woulues, 
Taunton, one woulfe, 
Scittuate, one woulfe, 
Plymoutli, three woulues, 
Duxburrow, one woulfe, 
Eastham, foure woulues, . 
Efihoboth, one woulfe. 



04 : 10 : 00 
03 : 00 : 00 
02 : 00 : 00 
00 : 10 : 00 

00 : 10 : 00 

01 : 10 : 00 
00 : 10 : 00 

02 : 00 : 00 
00 : 10 : 00 

15 : 00 : 00 



[*84:.] *The townes proportions of this rate, according to order of Court, is as 

followeth : — 

Barnstable, 01 : 07 : 06 

Yarmouth, 01 : 05 : 03 

Sandwidge, 01 : 12 : 09 

Taunton, 01 : 05 : 03 

Scittuate, 02 : 05 : 04^ 

Plymouth, 01 : 07 : 09 

Duxburrow, 01 : 05 : 03 

Eastham, 01 : 00 : 03 

Kehoboth, 02 : 05 : 4^ 

Marshfeild, 01 : 05 : 03 

15 : 00 : 00 

A Receipt appointed to bee recorded. 

Receiued of John Gorum, for the vse of the collonie of Plymouth, two 

barrells and one kilderkin of oyle ; I say, receiued. 

WILtAM PADDY. 
Boston, 25 1, (54.) 

Liberty is graimted to the naighbourhood in which M' Browne liueth att 
Eehoboth to make a pound to ympound cattle, horses, or hoggs that shall 
treaspas vpon them. 

Leiftenant "Wyate and Thomas Clarke haue vndertaken to prouide horses 
and fufiture for them for the vse of the comissioners in their journey to New 
Hauen ; this yeare M'' Howland hath engaged that his horse shall goe for one. 

M' Josias "Winslow, Seni', M' Josias Winslow, Juni"', M"^ Hinckley, Tho 



COURT ORDERS. 



87 



Clarke, and Robert Studson are appointed as a coinittee to meett with the 
majestrates att the next Court of Asistants, to treat with them about the letting 
of the trade att Kennebecke, and about regulateing the disorders of the goQ- 
ment there, as alsoe to take the accounts of the Treasurer and M^ Paddy in 
the behalfe of the countrey, as alsoe to take order for cecuring the countreyes 
powder, and to take order for the mending of Joaneses Riuer bridge in the 
behalfe of the countrey. 

*]S1'' Josias Winslow, Juni, allowed and approued by the Court to bee 
cap? of the milletary companie of Marshfeild. 



1655. 

2 July. 

Bradford, 

Go9. 



[*85.] 



*Att the Court of Asistants holden att Plymouth the seauenth of 

August, 1655. 

Befoke "Wiliam Bradford, GoQ, Timothy Hatherley, and 

Willam Colyare, John Alden, 

Asistants, &d. 

WHEEAS a comittee was appointed by the Court to meet vdth. the 
majestrates att this Court to despose of the trad att Kennebecke, the 
majestrates, with the said comittee, haue ordered and lett the said trad (sun- 
dry considerations moueing them therunto) vnto the pteners that formerly had 
it, vizj, M' Wiliam Bradford, M"" Thomas Prence, Captaine Thomas Willett, 
M' Josias Winslow, Juni"^, and M' Wiliam Paddy, on the tearmes they for- 
merly had it. 

It was ordered, that a place should forthwith bee procured to cecure the 
countreys powder. 

M' John Howland and Constant Southworth are appointed and requested 
by the Court to take order and agree with workmen for to mend Joanses Eiuer 
bridge with all conuenient speed. 

Wheras it doth appeer that there is sofn difference and controuersy 
amongst the milletary companie of Yarmouth about ' theire leiftenant, Samuell 
Ryder, Seni', and som reasons are by som of them rendered against his excer- 
cising in that place, and complaints made in that behalfe, the counsell of warr 
haue ordered that theire ensigne, M' Wiliam Hedge, shall exercise them in 
traininge vntill the next October Court, att which Court the pties or some of 
them soe diferently minded shall appeer and shalbee heard, and such order 
taken therin as shall then bee thought meett. 



7 August. 

[*86.] 



This comittee 
Tvas appointed 
att the 2«"'^ ses- 
sion of the 
Court, holden 
the 2«''d of Ju- 
ly, 1655. 




88 PLYMOUTH COLONY EECORDS. 

In the difference betwixt John Hall and Francis Baker about SamueU 

Hall, late seruant to the said Francis Baker, the Court ordered that John 

[Bradford, ^^^ shall pay vnto the said Francis Baker the summe of eight pounds for 

Governor] ^.j^g remainder of his seruants time vnexpired, and the said SamueU Hall is to 

continew with his father, and soe the controuersye is ended. 

Lres of adminnestration are graunted ynto Sarah, the wife of Thomas 

Gannett, deceased, to adminnester vpon the estate of the said Gannett, and to 

pay the debts, &6. 

About a gun. Teage Joanes is required to appeer att the Court to bee holden in October 

next, to answare the complaint of Mashantampaine, and to giue him notice to 

bee ^sent then alsoe. 

r*87.1 *Christopher Lawson acknowlidgeth to owe vnto his "1 

, . , , . f 20" : 00 : 00 

highness the Lord Protector the summe of . . . } 

The condition, that if the said Christopher Lawson shall appeer att the 
Generall Court of Election to bee holden att Plymouth in June, 1656, to 
answare such thinges as shalbee objected against him in respect of sundry 
misdemeanors wherof hee is accused to bee guilty att Kennebecke, and not 
depart the said Court without lycence ; that then, &(3 ; vnlesse the said Law- 
son shall haue occation to goe for England this yeare. 

M"^ Thomas Lake engageth vnto the Court that the abouesaid Christo- 
pher Lawson shall appeer att the Generall Court to bee holden att June, 
1656, to answare to such thinges as shalbee objected against him as abouesaid ; 
and if the said Lawson shall haue occation to goe for England before the said 
Court, the said M'' Tho Lake engageth, that incase hee come ouer againe, and 
come within his power, hee shall appeer vpon summons to answare the said 
pticulars. 

Wheras Eobert Chambers, somtimes seruant to M' Edward Winslow, is 
departed the gouerment and since deceased, and when hee departed hee left 
a smale stocke of cattle in the hands of Eobert Caruer, of Marshfeild, in 
ptenership with him ; and the time of theire said ptenorship being expired, 
and the encrease of the said cattle deuided, vpon a proposition made to the 
Court by the said Eobert Caruer, they haue ordered that the said Eobert 
Chambers his pte of the said cattle shalbee and remaine in the hands and 
custidy of the said Eobert Caruer on the conditions hee formerly had them, 
vizj, to halfes the encrease, that is to say, the breeding cattle, two steer calues 
remaining vndesposed of. 



COURT ORDERS. gg 



*Att the Generall Court held att Plymouth the 4"^ of October, 1655. 165 5. 

Before "Willam Bradford, Gofl, John Browne, and 

[Bradpord, 

Thomas Prence, John Alden, Goyernor.] 

Timothy Hatherley, [*88.] 

Asistants, &6. 

WHERAS there is a complaint brought to vs of the vnworthy carriages 
of some psons in the traine band of Scittuate in the choise of theire 
sargeants, which doth seem to vs to bee in contempt of the goflment, in that 
they voted for diuers vnmeet psons for such a place, and alsoe in voteing for 
the ensigne to bee a sargeant that was formerly assigned to the place by vs ; 
now these are therefore to require you that in due time you come together, 
and make choise of such as are fitt for the place of sarjeants, and those men 
formerly chosen to attend the daies of training and bearing armes as before ; 
and if you giue vs occation by a like complaint, wee shall take further order 
as wee shall see meet. 

And wheras wee are informed that Isacke Bucke, the now clarke of the 
said band, on youer last dale of training, when hee called the companie 
together, did vnworthyly misdemean himselfe, wee require him that hee make 
a publicke acknowledgement therof att the head of the companie the next 
training day, or otherwise wee heerby require him to make his psonall appeer- 
ance att the Generall Court to bee held for this goQment the first Tusday in 
March next, to answare for his said misdemeanor. 

WILtAM BRADFOED, 
TIMOTHY HATHERLEY, 
JOHN BROWNE, 
JOHN ALDEN. 

In answare to a petion prefered by three men belonging to the iron 
worke att Taunton, requesting that they may hee exempted from training, the 
Court doth graunt, that att such time as when theire worke is in hand that 
they are exempted, vnless vpon som spetiaU occation of watching that may 
arise. 

In answare vnto two notes receiued from M' Freeman concerning spoyle 
done in the Indians corn by horses att Mannomett, the Com-t ordered and 
requested him to proportion the fiue bushells specified in the last note, and to 
pay his pte therof, and to signify vnto the rest whome it concernes att Sand- 

VOL. III. 12 



90 PLYMOUTH COLONY RECORDS. 

165 5. Avidge that they are to pay euery of them theire pte ynto the Indians. In 

^ ' regard of the first note, it being lost for ^sent, they desired him to send 

rBRADFORD another note ; and for such as it concernes att Plymouth, they will take order 

Governor.] that paiment shalbee by them made according to theire proportions of both 

of them. 
Thisia since Isacke Bucke, of Scittuate, for refusing to shooe horses which were to 

bee ymployed to carry one of the ( 
business, is fined twenty shillings. 



Court ^^® ymployed to carry one of the comissioners to New Hauen on the countryes 



[*89.] *Wheras an execution was issued out of the Court in March last against 

Wiliam Hailston, of Taunton, in the behalfe of Janathan Briggs, of Taunton 
aforsaid ; and one cow and two steers was therby seized by the marshall, 
being in the custidy of the said Hailston and knowne to bee his cattle ; and 
att the seizing and prising of the same, the said Hailstone did not att all make 
any intimation, nor any else, that any other pson had any title to any of 
them, as the marshall testifyeth ; but after they were deliuered vnto the said 
Briggs, Nicolas White, of Taunton, hath petitioned the Court that the two 
steers were not Hailstons, but his by a former bargaine, and paied for by him 
without any fraud, as hee saith ; the Court hath taken the same into consider- 
ation, and ordered, that att M'' Brownes returne home he call the said White 
and Hailstone before him ; that if the said White doe produce testimony vpon 
oath that if the steer was bought and deliuered for his vse before the execu- 
tion was serued, then the steers to bee retru-ned to White, and Hailstone caused 
to make paiment in other goods ; else the steers to remaine as the goods of 
the said Briggs, his steers, to bee desposed of by him to his best advantage. 

WILLAM BRADFORD, 
TIMOTHY HATHERLEY, 
JOHN ALDEN. 

The Court haue ordered, that M' Arther Howland and Thomas Doged 
shall procure a survayor to lay out the land in controversy betwixt Thomas 
Doged and him, who shall doe it according to direction and testimony fi-om 
Captaine Standish and M' Alden, and to lay out the line of deuision betwixt 
them according to the euidences, and to returne what is done vnto the Court, 
and the charges therof to bee equally borne betwixt them. 

Wheras Teage Joanes accused Masshantampaine to haue stolen a gun 
from him, the Court, haueing heard what can bee said on both sides, can not 
find that the said gun is the said Joaneses, and doe therfore order Thomas 
I 



COURT ORDERS. 91 

Boardman, the cunstable of Yarmouth, to see the gun deliuered vnto him, the 165 5. 
said Masshantam.painej againe. "^ 

^ October 

John Darbey, of Yarmouth, complained att this Court against Masshan- maADFOED 
tampaine, that his doges did him wrong amongst his cattail, and did much Goveenor.] 
hurt one of them. The Court haue ordered and requested M' Prence and 
Thomas Boardman to heare and determine the said diference as M"^ Prence 
goeth home. 

Masshantampaine being accused to haue a chist full of tooles of all sorts 
which hee had stolen from the English, to clear himselfe of this accusation, 
hee dehuered his kees in open Court vnto M"^ Prence, that soe hee may serch 
his chists. 

*Wheras great controuersy hath been amongst the milletary companie of [*90.] 
Yarmouth concerning Samuell Rider, their leiftenant, some being for him and 
soni against him for continuance in his place, the Court, haueing heard what 
can bee said on both sides, and espetially in regard of a writing produced by 
Robert Dennis therin shewing great abuse done vnto himselfe by the said 
Rider in many vnsufferable and provoking speeches, the g>mises by the Court 
considered, they doe order that Ensigne Hedge shall exercise the companie 
vntill the aforsaid complaint bee further heard and cleared. 

And att this Court, Jane Powell, seruant to Wiliam Swift, of Sand- 
widge, appeered, haueing been ^sented for fornication, whoe, being examined, 
saith that it was comitted with one David Ogillior, an Irish man, seruant to 
Edward Sturgis ; shee saith shee was alured thervnto by him goeing for water 
one euening, hopeing to haue married him, beeing shee was in a sadd and 
miserable condition by hard seruice, wanting clothes and Huing discontentedly ; 
and expressing great sorrow for her euell, shee was cleared for the psent, and 
ordered to goe home againe. 

Att this Court, the grand enquest f sented Richard Beare, of Marshfeild, 
for swearing by the wounds of God. Testified by Wiliam Maycomber. 

The proportions of each towne of what they are to pay towards .the charge 
of the expedition the last yeare in sending out souldiers against Ninne- 
grett, the Nyanticke sachem. 

Plymouth, 04:01:06 

Duxburrow, 03 : 13 : 08 

Scittuate, 06 : 14 : 02 

Sandwidg, 04 : 16 : 01 

Taunton, 03 : 14 : 01 



92 



1655. 

Y — — ' 

4 October. 

[BrA-DFOBD, 
GOVERNOK.] 



PLYMOUTH COLONY RECORDS. 

Yarmouth, 03 : 14 : 01 

Barnstable, 04 : 01 : 06 

Marshfeild, 03 : 14 : 01 

Rehoboth, 06 : 14 : 02 

Eastham, 02 : 19 : 08 

44 : 03 : 00 



[*92.] 



*Captaiiie James Cudworth, 
Thomas Chettenden, 
Thomas Ensing, 
Josepth Colman, 
Edward Jenkens, 
Gowin White, 



sworne. < 



' John Allen, 
John Damman, 
Rodulphus Elmes, 
Richard Man, 
Abraham Seklett, 
Richard Curtis, 



These twelue men aboue written being impannelled and sworne, this 
fifteenth of Nouember, 1655, did looke on the body of Thankful! Pakes, the 
daughter of Wiliam Pakes, to enquire of the vntimely death of it. 

By the appointment of mee, TIMOTHY HATHERLEY. 

Wee find Wiliam Pakes his well to bee very dangerous, as both in that 
it lyes att the foot of a hill, as alsoe haueing noe fence aboute itt to preserue a 
child firom shooting or tumbling in ; soe the child falling or tumbling in the 
water was the cause of the death of ThankfuU Pakes. 

This was the verdict giuen in by the jury concerning the death of Wiliam 
Pakes his child the 15"" Nouember, 1655. 

The 16* of February, 1655, they whose names are vnderwritten were 
panneled on a quest of enquiry about the death of Richard Man. 

By mee, TIMOTHY HATHERLEY. 



sworne. 



' Matthyas Briggs, 
Ensigne John Williams, 
Serjeant Gilbert Brookes, 
Jeremy Hatch, 
Rodulphus Elmes, 
Gowin White, 



sworne. ■ 



' Wiliam Pakes, 
Jonathan Whetcom, 
Thomas Ensigne, 
Steuen Viner, 
Robert Whetcom, 
John Hoar. 



COURT ORDEES. 



.&3 



01 : 15 : 00 



11:07:09 



05 : 02 : 00 



04 : 00 : 00 



61 : 04 : 09 



[*93.] 



The verdict of the jury concerning the death of Eichard Man. 1655. 

"Wee find, that by coining ouer the pond from his owne house towards ^ October 

the farmes, that hee brake through the iyce, and was in soe deep that hee [Bradford, 

could not git out, and by reason of the cold of the weather and water made 

him vnable to healp himselfe, neither could any other g>sent aford him any 

healp that could healp him out, though they vsed their best indeauors for the 

space of about an houre, as is reported to vs by the wittnesses that saw him, 

in which time hee died. This wee find to bee the cause of his death, as wee 

all judge. 

*This ninth of August, 1655. 

11 s d 

The Treasiu'er debter to the countrey vpon balence of "I 

the account first of August, 1654, J 

To non receipts vpon former accounts of Hide Kerbey ] 

^^ ^, ^ -^ !> 30 : 02 : 00 

and Hall, ) 

To fines receiued as appeers by his bill, and not 

charged to account in the former, 

VizJ, Ehzabeth Randall, 10% Wiliam Bassett, Seni% . 00 : 10 : 00 

And Leiftenant White, 00 : 15 : 00 

To Fines. 

By James Gleghome, 05 : 00 : 00 

John Pecke, 02 : 10 : 00 

JohnSprague, 10:00:00 

John Woodcocke, 02 : 00 : 00 

Adonijah Moris, 02:00:00 

Josepth Tilden, 10 : 00 : 00 

More to 11^ 07' 9^ by error placed vpon his creditt, 

and not charged debter, 

And to fiue pound payed to M"" Browne, which was 
Hkwise placed vpon his creditt and not charged 
debter ; which moneys, wee vnderstand by examina- 
tion, was paied ou?", of Rehobothes rate. 
To two barrels of oyle, as appeers by his letter, . . 

To a kilderkin of oyle, 01 : 06 : 08 

Debter in totall, 85 : 06 : 09 

Besides the 30" 2' in non receipts. 
The Treasurer debter vpon the ballence of the account 

this 9"^ of August, 1655, 

Besides the 30" 02' of non receipts. 



From Yar- 
mouth. 



94 



PLYMOUTH COLONY EECOKDS. 



1655. 

4 October. 
[Bhadfohd, 
governob.] 



61 : 04 : 09 



Kennebecke trade debter to the country vpon the bal- 
lence of the account this 9"^ of August, 1655, 
Besides the 30* 2" of non receipts. 
August the 9'^ 1655. 

JOSIAS WINSLOW, 
THOMAS HINCKLEY, 
THOMAS CLARKE. 



[*'94.] *P contra creditt as appears by his bills, August, 1654. ^ 

To M"^ Prence on the comission, 06 : 00 : 00 

To Savory, 01 : 05 : 00 

Henery Holland for horse Her, 02 : 10 : 00 

Henery Sampson for hors Her, 01 : 15 : 00 

To Savory, 00 : 05 : 00 

Savory, 01 : 10 : 00 

John Barnes, 00 : 10 : 00 

John Tisdall for horse Her, 00 : 10 : 00 

For letters from Taunton, 00 : 10 : 00 

To Savory, 00 : 12 : 00 

M-^ Howland for horse Her, 00 : 10 : 00 

John Smith for fetcHng of a cow, 00 : 10 : 00 

Marshall Nash, 02 : 10 : 00 

Chapman for ferrying, 00 : 05 : 00 

19 : 02 : 00 



To the Courts acquittance of M' Cudworths fine, . . 05 : 00 : 00 

Creditt in total, 24 : 02 : 00 

The countrey debter to Cap? Willett and M' Paddy " 

upon the ballence of theire owne account as giuen '. 23 : 01 : 08 

in by them the first of March, 1654, .... 

And the countrey creditt to oyle receiued by them this yeare, wHch they 

are to giue account of. 

P JOSIAS WINSLOW, 

THOMAS HINCKLEY, 

THOMAS CLARKE. 



COURT OEDERS. 



95 



*Att the Generall Court held the fift of March, att Plymouth, in the 165 5-6. 

Yeare 1655. 



Befok Wiliam Bradford, Goii, Timothy Hatherley, 

Thomas Prence, John Alden, and 

Wiliam CoUyare, Thomas Willett, 

Assistants, &d. 



5 March. 
[Bbadfow), 
goveknoe.] 

[*95.] 



A WRITING appointed to hee recorded : — 

-*- Wheras att the Generall Coiurt held att i lymouth the 4"" of October, 
1655, by warrants then issued out to the seuerall townes of this jxu-isdiction 
the said townes were required to send in theire minds vnto the Coiu-t held the 
fift of March, 1655, to treat and conclude about the leting of the trad att 
Kennebecke, and that simdry of the said townes sent in theire deputies for 
that purpose, some of them omiting to send, they that then appeered seeing 
a great nessesitie for the speedy leting of the said trad, they therefore haue 
agreed and sett the trad vnto M'^ Wiliam Bradford, SenT, JSI" Thomas Prence, 
and Capt Thomas Willett, for the full tearme of seauen yeares, begiiiing when 
the former tearme shalbee fully expired, they yeilding and paying into the 
hands of som man whom the countrey shall appoint for the receipt therof the 
summe of thirty-fiue pounds certaine p annum, and this to bee paied in monney, 
or moose or beauer, att prise current, which paiment is to bee made att two 
seuerall paiments euery yeare, vizj, the one halfe on the last of Aprill, and 
the other halfe on the last of ]Sf ouember, during which tearm of seauen yeares 
aboue expressed the said pteners, vizj, Wiliam Bradford, Thomas Prence, and 
Thomas Willitt, haue full and free liberty to improue and imploy the said 
trad to the best advantage they can for themselues and the countrey ; and 
they, the said Wiliam Bradford, Thomas Prence, and Thomas Willitt, doe 
couenant for themselues, and theire exequitors, adminnestrators, and assignes, 
that for such of the said seauen yeares as they shalbee able out of the produce 
of the said trad to pay other fine pounds, they promise to giue it in species 
aboue expressed ; an they, the said Wiliam Bradford, Thomas Prence, and 
Thomas Willett, doe couenant and engage for themselues, and theire exequi- 
tors, adminnestrators, and assignes, that att the end of the abouesaid tearme 
of seauen yeares, that theire debts of beauer amonge the Indians shall not 
bee aboue the number of fiue hundred skines, two hundred and fifty of them 
to bee vallued att 8° a skin, and the other two hundred and fifty to bee vallued 
att 4* a skin ; and if the pteners that then shall haue the the trad shall not 



96 



PLYMOUTH COLONY RECOflDS. 



1655. soe accept of ttem, that then the said "Wiliam Bradford, Thomas Prence, and 

'"^'^'^ Thomas "Willett, they, theire exequitors, adminnestrators, and assignes, haue 

heerby libertie to take the best and faii-est course they can for the procuring 

[BEA.DPOKD, •' J i. <J 

GoTEKNOE.] in of theire said debts. 

Such as appeered from some of the townes of this jurisdiction, and acted 
in the setting and letting of the trad att Kennebecke in the behalfe of the 
countrey as is aboue expressed, were those whose names are vnderwritten : — ■ 

M' Wiliam Collyare, 

M"^ Timothy Hatherley, 

M'' John Alden, 

CaptI James Cudworth, 

M"^ Josias Winslow, Seni', 

M'' Edmond Hawes, for both Yarmouth and Barnstable. 

Constant Southworth. 



[*96.] 



This is sence 
cleared, and 
ended with 
shaipe re- 
proofe. 



Eastham sent in theire minds by writing. 

It was further agreed by the pties aboue expressed, that notice should 
then bee forthwith giuen to the seuerall townes, that incase they or any of 
them should dislike of what was don as abouesaid, they should send in theire 
dislike therof in fourteen dales after this Courte. 

*The Court haue ordered and requested M'' Prence to adminnester an 
oath vnto the widdow Darbey, sofiitimes the wife of John Darbey, of Yar- 
mouth, deceased, for the truth of the inuentory of his estate. 

The like is requested of M'' Hatherley in respect vnto the estate of 
Richard Man, late deceased att Scittuate. 

Att this Court, Sarah, the daughter of Richard Kerbey, of Sandwidge, 
appeered according to summons, and being examined concerning diuers sus- 
pisious speeches by her vttered against Richard Bourne and M'' Edmond 
Freeman, of Sandwidge aforsaid, & is found faulty, and sentanced by the 
Court to bee punished seucrely by whipping, onely the execution therof is res- 
pited, that incase shee bee warned by the present centance and admonission to 
offend noe more in this kind, that then the said punishment not to bee inflict- 
ed, otherwise to bee executed. 

Richard Beare, being ^sented for swearing by the wounds of God, not 
appeering by reason of sicknes or lamenes, it is refered vntill the next 
Court. 



shim. 



COURT OEDERS. 97 

Presentments by the Grand Enquest. 1655. 

"Wee psent M' Thomas Robenson and Humphry Johnson, of the towne g jjj^j(.j^ 
of Scittuate, for not makeing a rate, being legally chosen. Fined according to order. [Bradford, 

Wee g>sent John Gorum for vnseamly carriage towards Blanch Hull att pj^g^^O' 
vnseasonable time, being in the night. 

Wee p>sent Blanch Hull for not crying out when shee was assaulted by Fined fifty 
John Gorum in vnseemly carriage towards her vpon her owne relation. 

Wee ;Psent Robert Grossman for breaking open the pound by taking 
downe a rayle and taking out lais calues, tending to breach of peace and des- 
turbance of the naighbourhood. 

Wee f sent Richard Turtall for laciuiouse carriage toward Ann Hudson, 
the wife of John Hudson, in taking hold of her coate and inticing her by 
words, as alsoe by taking out his instrument of nature that hee might prevaile 
to lye with her in her owne house. 

Wee ^sent to this honored Courts consideration the death of two men 
vnattested, vizj, John Granger, of Marshfeild, and Richard Man, of Scittuate. 

Att this Court, complaint was made against Benajah Dunham for foolish 
and provoking carriages, in drawing his knife vpon sundry psons att Taunton, 
which might haue proued of ill consec[uence ; but being examined by the 
Court, and deneying the mayne pte of the accusation, it rested for further 
proofe. 



*Att a Court of Asistants held att JYew Plymouth the sixt of May, 1656. 

1656. ' ^— 

6 May. 

r*97.] 

Before Wiliam Bradford, GoQ, 

Wiliam CoUyare, and John Alden, 
Asistants, &^. 

IN answare to a petition prefered to the Court by Thomas Doged, of Marsh- 
feild, wherin the said Thomas Doged requested that a jury might bee 
impanneled to make deuision of a certaine tract of land soald by M' Edmond 
Freeman, of Sandwidge, Seni'^, vnto M' Arther Howland and Thomas 
Chillingsworth, deceased, lying att the South Riuer, in the township of Marsh- 
feild, the Court haue ordered, there shalbee a jury of twelue men that shall 

VOL. III. 13 



98 PLYMOUTH COLONY RECORDS. 

1656. determine the laying out of the said land, and shall fully end the controversy 
^ "^ betwixt the said Arther Ho-wland and Thomas Doged about the said land ; 

6 May. 

rBEADFORD ® ®^^*^ i^^y ^® *° ^^® impanneled att the next GeneraU Court. 
GoTEBNOB.] Wheras, for the satisfying of a debt of 35 pound due vnto M' Isacke 

Allerton from Godber Godbersom, an extent was layed vpon the land of M'' 
John Combe att Rocky Nooke, in the towneship of Plymouth, in the yeare 
1648, the fift of August, by M"^ Thomas Cushman as the agent of the said 
Isacke Allerton, these are to signify, that in the yeare 1654, the said Thomas 
Cushman receiued the last paiment of the proffetts of the said lands, and att 
this Court hath brought in his account of the profFets of the said land, and 
therupon the extent is taken of, and the said land is discharged. The account 
is as foUoweth : — u b d 

n, in corn receiued, 19 : 01 : 00| 

n, in fruite receiued, one hundred ninety one bushells and an halfe of 
aples. 

Att this Court Richard Bear appeered, whoe was formerly ^sented for 
swearing by the wounds of God, being reproued and paying the fine, was 
released of this f sentment. 

iires of adminnestration was graunted vnto Richard Beare, to adminnes- 
ter on the estate of John Granger, deceased. 

Lres of adminnestration was graunted vnto the wife of Richard Man, 
late deceased, to adminnester on his estate ; and Cap? James Cudworth en- 
gageth to saue the Court harmles from any dammage that might com to 
them therby. 

The wife of Richard Man, deceased, doth giue vnto her three youngest 
children, to each of them fine pounds ; and Captaine Cudworth standeth boimd 
to see the same pformed out of the estate of the said Richard Man. 



COURT ORDBES. 99 

*M a Generall Court holden att Plymouth the third Day of June, 1656. 

1656. ^--r-- 

3 June. 
[Bkadford, 

Befoke "Wiliam Bradford, Goii, Timothy Hatherley, Goveenor.] 

Thomas Prence, John Alden, and [*98.] 

Wiliam CoUyare, James Cudworth, 
Asistants, &6. 

M^ WILLAM BRADFORD, Seni', was chosen GoQ, and sworne. 
M"- Thomas Prence, M' Wiliam Collier, M' Timothy Hatherly, Cap? 
Myles Standish, M'' John Alden, Capt Thomas Willett, and Cap? James Cud- 
worth, were chosen Asistants, and sworne. 

M' Wiliam Bradford, Seni', and "j were chosen comissioners, and Cap? 
]VP Thomas Prence, J Cudworth next in nomination. 

M' John Alden was chosen Treasurer. 

The Names of the Coriittees that serued att this Court and the Adjournment 

therof. 

M' John Howland, Richard Wilhams, 

John Dunham, Seni"^, Anthony Annable, 

John Coolce, John Smith, 

Thomas Clarke, M' Edmond Hawes, 

Constant Southworth, Samuell Arnold, 

Wiliam Paybody, M' Anthony Eames, 

Cap? Cudworth, Anthony Snow, 

Robert Studson, M"" Stephen Payne, 

Thomas Tupper, Wiliam Carpenter, 

James Skiffe, Richard Sparrow, 

Leiftenant Wyate, M' John Freeman. 

Cap? Cudworth being chosen majestrate, Leiftenant Tory was chosen and 
did act att the adjournment as deputie. 

The Cunstables of the seuerall Townes. 

Plymouth, John Rickard. 

Duxburrow, Edward Hunt. 

Bridgwater, John Carrew. 

Scittuate, Abraham Suttley. 




3 June. 
[Bbadfokd, 
Governor.] 



PLYMOUTH COLONY RECORDS. 

Sandwidg, Myles Blacke. 

Tauntorij Francis Smith. 

Barnstable, Abraham Blush. 

Yarmouth, Richard Tayler. 

( Timothy Williamson, 

Marshfeild, i r-, ~ -rr i 

l^ (jrorg V aughan, 

Eehoboth, Wiliam Sabine. 

Eastham, Jonathan Sparrow. 



Fine. M' Thomas Robenson, refusing to take the oath of a cunstable, 
being therunto required, is fined according to order fifty shillings. 



[*99.] 



*The Grand Enquest. 



Christopher Wadsworth, 
Henery Bourne, 
Henery Wood, 
Thomas Laythorpe, 
Samuell Elson, 
Samuell Hiclces, 
James Walker, 
Thomas Doged, 
Gorge Macye, 
Josias Cooke, 



sworne. 



Eluerton Crow, 
Will Eldred, 
Samuell Jackson, 
Resolued White, 
Arther Hathaway, 
John Merrltt, absent, 
LeifE Peter Hunt, 
Wiliam Buckland, 
Wiliam AUen, absent, 
John Rouse. 



> sworne. 



Plymouth, 



Duxburrow, 



Scittuate, . 
Sandwidge, 



The Survayors for the Highwaies. 

Ephraim Tinkham, 
Wiliam Harlow, 
Wiliam Shirtley, 
.James Cole, Junier. 
Henery Howland, 
John Tracye, 
Thomas Ensigne. 
Walter Woodward. 



Taunton, . 
Yarmouth, 



r Henery Andrews, 
[Robert Thornton, 
r Samuell Rider, Sen'. 
I Andrew Hallott. 



COURT ORDERS. ^q-j^ 

Barnstable, .... | ^^ SamueH Hinckley, 1656. 

[ John Daxiis. """"> — — ' 

Marskfeild, .... ^■^™"- 

'^ [Bbabfohd, 

Eenobotli, ^ Goyernok.] 

Eastham, f Gorge Crispe, 

(^ John Mayo. 

Micaell Turner, for refusing to serue on the grand enquest, fined, accord- Fine, 
ing to order, twenty shillings ; and another to bee sent in the name of Wiliam 
Eldred, of Yarmouth. 

Freemen admitted this Court, and sworn. 
M"^ "Wiliam Bradford, Juni', John Rickard, 

Thomas Laythorpe, Wiliam Bassett, 

Wiliam Haruey, Wiliam Walker. 

Josepth Laythorpe, 

The Names of such as stand propounded to take vp theire Freedome. 
Richard Tayler, Wiliam Nelson, 

Eluerton Crow, John Tracye, 

Wiliam Pakes, Josepth Wadsworth. 

Timothy Williamson, 

The Court haue ordered, that hencforth such as are admitted freemen, see for this, 
the deputies of such townes as where such psons Hue shall propound them to j^^ 1 ' "' 
the Court, being such as shalbee alsoe approued of by the freemen in such i^^''. 
townes wher they hue. 

*+The Court haue graunted vnto Captaine Myles Standish, according to [* 100.1 
his request, a certaine tract of vpland of three hundred acres and meddow, ly- Of this see 

more the sea- 

ing about a pond called Satuckquett Pond, neare Duxburrow New Plantation. J uenth page for- 

Ordered, that henceforth Duxburrow New Plantation bee allowed to bee ^^, ™ ' 
a townshipe of yt selfe, destinct from Duxburrow, and to bee called by the 
name of Bridgwater, prouided that all pubhcke rates bee borne by them with 
Duxbiurrow vpon equall proportions. 

Att this Court Wiliam Nicarson appeered, being sumoned to answare for Fine, 
his buying of land of the Indians, contraiy to order of Court, and for selhng 
of a boat to the Indians, against a warrant directed to Yarmouth strictly pro- 
hibiting the same, haueing left the boate to bee the Indians ; concerning his 
breach of order in buying of the land, hee lyeth vnder the fine and penalty 
expressed in the order for the breach therof ; and for his contempt of the 
warrant, hee is disfranchised his freedome. 



102 PLYMOUTH COLONY RECOEDS. 

1656. Wheras Josepth Eamsden hath liued long in the -woods, in an vnciuell 

"^ ■^Eiy, in the woods, with his wife alone, wherby great inconyeniencies haue 

3 June. 

rBRAMOKD followed, the Court haue ordered, that hee repaier downe to sum naighbor- 
GovEENOK.] hood betwixt this and October next, or that then his house bee pulled downe. 

Fine. Wheras M' Wiliam Leuerich hath stood somtime jpsented for 
changing a gun with an Indian, contrary to order, and was by the said order 
fined the summe of fifteen pounds, the Court, vpon some considerationes, haue 
abated fiue pounds therof, soe that hee is now to pay the sum of ten pounds. 

Twenty four shillings is allowed to Tho Bui-gis for bringing horses from 
Sandwidge for the countreyes vse. 

The summe of four pound is receiued from Barnstable on the account for 
the charge of the expedition against Ninnegrett, the Nianticke sachem. 

Att this Court, a jury was appointed to giue meeting to M' John Alden, 
Asistant, on the IS"" day of this ^sent June, att the house of M' Arther 
Howland, att the South Riuer, by the said M' Alden to bee impanneled to lay 
outt or deuide the lands of the said Arther Howland and Tho Chillingsworth, 
deceased, according to theire best euidence. 

Theire names are as foUoweth : — 

M"^ Anthony Eames, Christopher Wadsworth, 

Tho Bird, Gorg Soule, 

Josepth Andrews, Constant Southworth, 

Leiftenant Torry, Gorge Eussell, 

Ensigne Williams, John Russell, 

Seijeant Johnson, John Hallott. 

P'sentedbythe Wee p^sent Timothy Halway, of Tarmton, for his euill carriage vnto 

^*° dcMeT' •^®*'^^ Pitts, tending vnto the breach of the peace ; that is to say, that if Peter 
with amonis- Pitts did stirr to driue the oxen which then hee had in his possesion, goeing 

fiion. 

to worke, that hee, that is, the aforsd Timothy, would strike Peter downe, 
haueing a pitchforke in his hand, although hee should bee psently hanged 
for it. 
[101.] *Ordered by the Court, that it bee signifyed to the towne of Scittuate 

that they take som speedy course to run the Hne between the pond and the 
head of Indian Head Eiuer and Accord Pond ; or otherwise, if they neglect 
the same, and the Court doe graunt land, and it bee found prejudiciall to 
them, they may blam themselues. 

Ordered, that the fine of ten pound vpon M' Leueridge bee appointed to 
satisfy for horshier, and it to bee brought to Plymouth, and deliuered to such 
a pson as the Treasurer shall appoint. 



3 June. 
[Bkadpokd, 



COURT ORDERS. 103 

Att tliis Court, Wiliam Hailstone was required to make pairaent of the 1656. 
summe of 15^^, for the paiment wherof there was formerly a judgment passed 
on the said Hailstone to pay the said summe vnto Jonathan Briggs, which 
hath been neglected ; and incase the said Hailstone doe not forthwith, on his Governoe.] 
returne home, make paiment therof, the cunstable of Taunton hath order to 
attach soe much as will satisfy the said summe ; or incase hee can not find 
either lands, goods, or chattels to the valine therof, hee is required by the said 
warrants to attach his pson, and by sufficient surties to keep him safely, soe as 
hee may appeer att the adjournment of this Court to bee holden att Plymouth 
aforsaid the first Tusday in July next, to answare for his said neglect. 

Att this Court, Ralph Chapman complained that hee could noe longer 
keep the ferry att the North Eiuer ; and that if hee should bee constrained to 
keep it, that it would briag him to extreme pouerty and missery. The Court 
haue therefore fireed him therof, Tnlesse att som speciall times, as Court times 
or the like ; then hee engageth to fetch the majestrates liueiag att Scittuate 
ouer, if they shall require it. 

A Receipt appointed to bee recorded. 

1656. Receiued, this 29"^ of Aprill, of Stephen Paine, cunstable of 
Rehoboth, seauenty nine bushells of wheat, att 4 shillings p bushell, and comes 
to fifteen pounds sixteen shillings, and is for theire countrey rate, vizj, for 
theire proportion for the expedition against Ninnegrett, six pounds 14* 2^, to 
bee consigned to M' Lake, of Boston ; and for the majestrates table for the 
GoQ account 3" 6"* more ; to the head marshall theire pportion, which is six 
pound one shilHng, to bee answared to M' John Webb, of Boston; I say, 
receiued as aboue the summes aboue expressed, the day and yeare as aboue. 

Witnesse my hand, THOMAS WILLETT. 



*^tt the 2^^ Session of the Generall Court, held att Plymouth the sjuiy. 

3' of July, 1656. [*102.] 

Befoke Wiliam Bradford, GoS, John Alden, and 

Wiliam CoUyare, James Cudworth, 

Timothy Hatherley, 

Of this graimt 
iVslStantS. see more in this 

booke, in the 

THE Court haue graunted vnto M"" Timothy Hatherley a tract of land, to passages of 
_ _ June Court, 

begin att Accord Pond, on the souther side of the line, and to run lesi. 



104 PLYMOUTH COLONY KECORDS. 

1656. three miles southerly towards the Indian Head Pond, and to bee layed out 
' '' ' three miles square. 

rBEADFOHD Wheras, att March Court last past, 'Wiliam CoUyare, M' John Alden, 

GovEENou.] Cap? James Cudworth, M"^ Josias Winslow, Seni"", and Thomas Clarke were 
requested by the Court to goe to Cap? Standish to examine and pfect the 
accounts betwixt Cap! Standish and the countrey ; accordingly the said M' 
Alden, Cap? Cudworth, and Josias Winslow mett att the day appointed ; and 
the other two not appeering, they, the said M' Alden, Cap? Cudworth, and 
Josias Winslow, examined the said accounts from the yeare 1653 to that f sent 
time, which said account, being examined as aforsaid, is now brought and 
f>sented to the Generall Com-t held att Plymouth the 4"^ of July, 1656, vnto 
which said account was aded the account of Henery Draitons goods, as alsoe 
two pounds eighteen shillings and sixpence payed vnto Cap? Standish by M' 
Paddy, together with two barrells of oyle receiued and desposed of by the said 
Cap? Standish for his owne vse ; the finall result of all which accounts is, 
that the said Cap? Standish is debtor vnto the countrey fifteen pounds or 
therabouts ; and wheras Cap? Standish, as being Treasurer for the countrey, 
hath receiued noe allowance for sallary for the two yeares last past, in consid- 
eration wherof the Court did freely allow the said fifteen pounds vnto the said 
Cap? Standish, all accounts being cleared betwixt Cap? Standish and the coun- 
trey from the begining of the world to this day ; furthermore, att the same 
time, att the motion of the GoQ, with the free concent of the whole Court, the 
two barrells of oyle in the hands of M' Alden, were freely giuen vnto the said 
Cap? Standish as a gratuitie from the countrey. 

Robert Abell is allowed by the Court to keep an ordinary att Re- 
hoboth. 

The Court haue appointed and deputed M'' Josepth Pecke to adminnester 
marriage att Eehoboth; and the said M' Peck, M"^ Stephen Payne, and 
Richard Bowen are appointed and authorised to heare and determine all con- 
trouersies there betwixt any, soe as it amount not to aboue the valine of three 
pounds, libertie being left to any [to] make theire appeall to the Court of 
Plymouth, if theire shalbee reason. 

The Court haue giuen liberty vnto James Skifie to purchase the land 
graunted to him att Mannomett of the Indians there ; and incase there shal- 
bee a smale matter of land more lying next to that alreddy graunted him, the 
Court haue graunted him Hberty to purchase it likwise, and to haue it as his 
owne for euer, to him and his heires foreuer. 

[*103.] *An agreement made the eighteenth of June, 1656, between M' Arther 



COURT ORDERS, 105 

Howland and Thomas Dogged, both of Marshfeild, made before M' John 1656. 

Alden and Cap? Cudworth, Asistants, and the jury that were appointed by " > ' 

the Court to deuide the land in controuersye, confeirmin" the deuission of the ,„ " ^' 

•' " [Bkadfokd, 

vpland and meddow land of M"^ Arther Howland, and the land of the heires Governor.] 

of Thomas Chillingsworth, deceased, in mannor as followeth, vizj : They doe 

heerby agree that M' Arther Rowlands marsh and the marsh of the heires of 

Thomas Chillingsworth shall devide where the fence now stands, from the 

vpland to a little creeke, and soe as that creeke runs into the South Riuer, 

which said creeke is the first creeke that lyeth easterly from a great rocke 

lying in the meddow. 

It is further agreed by them, that the vpland shall deuide att a marked 

oake that standeth on the north side of the cart way, and soe from that tree 

to nm vpon a norwest and southeast line. It is likewise agreed by them, that 

this theire agreement shalbee recorded in Court ; in witnesse wherof the said 

M"^ Arther Howland and Thomas Dogged haue heerunto sett theire hands the 

day and yeare abouewritten. 

ARTHER HOWLAND, 

THOMAS DOGED, 

his T marke. 

« 

To the honored Gouernor and the rest of the body of the honered Court att 
Court att Plymouth, the returne of the fulfilling of the attachment about 
Willam Hailstone and Jonathan Briggs, both of Taunton. 

I, Jonathan Briggs, doe most thankfully certify, that I haue receiued full 

satis&ction of Wiliam Hailstone, of the summe of fifteen pounds, which was 

awarded to mee by you, to bee paied vnto mee by the said Willam Hailstone 

for his neglect and wrong don to mee in not instructing mee in the mistery 

of a tayler, according to his engagement ; and heerunto I haue sett my hand, 

June 21, 1656. 

The marke of / ") JONATHAN BRIGGS. 

Witnesses heerunto. 

James Wiatt, 

Francis Cunstable 
P 
Smith, of Taunton, 

John Tisdall, 

John Deane. 

*The Court doe allow vnto W Thomas Prence, for his goeing vnto Ken- [*104.] 
nebecke in the behalfe of the countrey to settle the goflment there, a smale 
vou III. 14 



106 PLYMOUTH COLONY RECOKDS. 

1656. gratuitie of the summe of six pounds, to bee paied either in that which is due 
' to the countrey from Kennebecke, or in oyle due to the countrey, acknowl- 

3 July. . , . . 

rBRADFORD ^"^S^^S ^* *° little ; but in regard of the low estate of the countrey, and the 
GovEENOB.] many charges on the same, they request him to accept it ; and incase hee shall 
not judge it sufficient, they are willing to inlarge. 

Fifty acars of land is graunted to Robert Studson, aded to twenty acres 
which hee hath bought, which was James Dauis his land, for which the said 
Robert Studson shewed a deed in Court ; the said fifty acars of land to lye 
to the seaward of Plymouth Path, towards the Indian Head Riuer, incase it bee 
found not to intrench on any former graunts ; and incase it shalbee soe found 
to doe, then to haue it in som other conuenient place where hee shall find it. 

Wheras there hath been complaint made from time to time,l>y the naigh- 
boring Indians on the towne of Rehoboth, of great and unsufferable wronges 
don in theire corn by the horses and other cattle of the inhabitants of Reho- 
both aforsaid, and that we are informed that the fences between the English 
and Indians there are in a good measiu'e finished ; but wheras notwithstand- 
ing, by the reason that many horses and other cattle haue been wonted to goe 
into the Indians corn, wherby noe reasonable fence will keep them out, as 
alsoe the horses and other cattle being apte to swime through the water to the 
said corne, where noe fence can bee sett vp, the Court haue ordered, that if 
the horses or other cattle shall breake in oil way or other and treaspase the said 
Indians, then they haue heerby liberty to diiue any such horses or other cattle 
soe treaspasing to Rehoboth towns pound, and shall demaund of the owners of 
such horses or other cattle six pence a peece, sucking foales excepted ; and 
for such treaspas as shalbee don, the said Indians treaspased shall take two 
English men of Rehoboth to judge theire dammage, and the owners of the 
said horses or other cattle shalbee lyable to make good the same. 

Thomas Clarke engageth to lend vnto the countrey soe much wheat as 
will satisfy a debt of fiue pounds to those that haue wrought about Joanses 
Riuer bridge ; and incase hee soe doe, hee is to bee paied by the Treasui'er 
som time in March next, incase hee receiue it of the countrey. 

Ordered, that for this ^sent yeare the rates of Duxburrow, Bridgwater, 
and Marshfeild bee paied to the cheife marshall, the one halfe in wheat, and 
the other halfe in Indian corn. 

The Court haue ordered, that for this g>sent yeare that the towne of 
Bridgwater is to beare one pte of three with Duxburrow of theire proportions 
of the countrey rates for the officers wages and other publicke charges. 

Isacke Bucke his fine of twenty shillings is remited by the Coui-t. 
[*105.] *Att this Coui-t, the cotnittees of the seuerall townships were required to 



3 July. 
Bradford, 



COURT ORDERS. 107 

expresse themselues pticularly wliether they would agree vnto that which hath 1656. 
been don in letting of the trad att Kennebecke according to the tearmes 
agreed by the pties that haue lett itt to the pteners, as is expressed in deed 
drawne vp for that purpose, to which they haue giuen a generall concent in CJ°6- 
the behalfe of theire townships respectiuely. 

The Treasurer is appointed in the behalfe of the countrey annually to 
receiue the pay for the rent of the trad att Kennebecke for euery of the seauen 
yeai-es. 

It is ordered by the Court, that any one that for the fatui-e shalbee 
Psented to the Cotut for any fact on the testimony of one wittnesse, although 
vpon oath, shall not bee for the same condemned without a cecond witnesse or 
concurring cercomstances. 

*Att the Generall Court holden att Plymouth the third day of June, anno [*106.] 
1656, three hundred acres of vpland is graunted by the Court vnto Captaine 
Myles Standish, with a competencye of meddow to such a proportion of 
vpland lying and being att Satuckquett Pond, prouided it come not within the 
Courts graunt of Bridgwater ; the said three hundred acres of vpland, with a 
competency of meddow to such a proportion, with all and singulare the appur- 
tenances and priuilidges belonging therunto to appertaine only to the proper 
vse and behoofe of him, the said Capt Myles Standish, his heires and assignes, 
for euer. 

Att this Court, Wiliam Hailstone, of Taunton, prefered a petition to the 

Court, therin requesting to haue a review of the case betwixt Jonathan Briggs 

and himselfe concerning the complaint of the said Briggs against the said 

Hailstone for not learning him the trade of a tayler, according to couenant. 

The Court, upon pusall of the said petition, not seeing sufficient reason to 

admitt therof, yett notwithstanding, to prevent clamors, gaue way thervnto, 

which being tendered vnto him, hee declined it, and could not review the said 

case. 

September the 17'^ 1656. 

I, Jonathan Briggs, of Taunton, for diuers reasons and considerations 
mouing mee therunto, haue made choise of M"" Thomas Prence, of Eastham, 
in the jurisdiction of New Plymouth, to bee my guardian vntill I come to the 
age of twenty one yeares. This was done before Wiliam Bradford, GoS, the 
day and yeare aboue written. 



108 



PLYMOUTH COLONY RECOKDS. 



1656. 

5 October. 
[Bradpokd, 
governob.] 

[*107.] 



*Att the Generall Court holden att JVew Plymmith the fift of 

October, 1656. 

Befoke Wiliam Bradford, GoQ, Timothy Hatherley, 

Thomas Prence, John Alden, and 

Wiliam ColHare, James Cudworth, 

Assistants, &&. 

WILEAM BAESTOW; of Scittuate, couenanteth and ingageth to make 
a good and sufficient bridge ouer the North Riuer, a little aboue the 
third herring brook, att a place called Stoney Reach, being the place wher 
now passengers goe frequently ouer, the said bridge to bee made sufficient for 
horse and foott ; and hee is to lay out, and clear, and marke a way from, the 
said bridge towards the bay as far as Hughes Crosse, and to open, and cleare, 
and marke a way along beyand Hughes Crosse towards the bay, soe as to 
avoid a certaine rocky hill and swamp ; and for the true pformance of all the 
said pticulars, the said Wiliam Barstow is to bee paied by the Treasurer in 
the behalfe of the countrey the summe of twelue pounds in currant coUn- 
trey pay. 

In the controversy betwixt M"^ Tho Dexter, Seni"", and some of his naigh- 
bors of the towne of Barnstable, about a hieway, the Court haue appointed and 
requested M"^ Prence and Cap? Cudworth to take a view of the place in contro- 
versy in which the way aforsaid is desired to bee, and incase they can, to put 
it to an end ; but if they can not, to make report vnto the Court of the state 
of the matter. 

tres of adminnestration are graunted vnto Joanna Kemton, to adminnes- 
ter vpon the estate of Ephraim Kemton, deceased. 

tres of adminnestration are graunted vnto Bathsheba Pratt, to adminnes- 
ter on the estate of Joshua Pratt, deceased. 

Ouer and aboue the ordinary rates for the officers wages, &(3, there is 
seuenteen pounds and fi.ue shillings due as our coUonies proportion of what is 
engaged vnto Captaine Younge for his sallary, whoe was hiered by the cofiiis- 
sioners of the Vnited CoUonies for a certaine time frequently to sayle betwixt 
Longe Hand and the maine. 

And the sume of twenty pound, due for the hier of a gaurd for the 
comissioners att theire last meeting att Plymouth. 



[*108.] 



*Wee, whose names are vnderwritten, being summoned by Wiliam 



COURT ORDERS. 



109 



Bradford, GoQ of Plymouth, as a quest of enquiry to enquire of the sudden 16 56. 
death of Titus Waymouth, doe testify as foUoweth : — ' 

5 October. 

Haueing viewed the dead body of the said Titus Waymouth, and finding rBg^jjpoKD 
neither woimd, or bruise, or other thing which might cause his death, onely Goteenor.] 
that, as is testifyed, hee haueing been a man oftens troubled with stopings, 
together with drinking of cyder, wee conceiue might bee the cause of his 
sudden death. 

Subscribed with our hands the 17* of October, 1656. 

JOHN JOURDAINE, 
JOHN WOOD, 
SAMUELL DUNHAM, 
GYLES EICKAED, Seni', 



GABRIELL FALLOWELL, ) 

his / marke. 
EDMOND TILSON, 
THOMAS WHITNEY, 

his T marke. 
THOMAS POPE, 
JOHN MORTON, 
SAMUELL HICKES, 



> sworne. < 



WILLAM SHIRTLEY, 
JOHN SMITH, 
^V3 his marke. 



The pticulars of what was found to bislong to the said Titus Waymouth att 
his death, viz,^, in Plymouth. 

•^ 11 s a 

I?, from Samuell Mayo for wages due, 04 : 16 : 00 

It, a suit of clothes vallued att 01 : 10 : 00 

n,ahatt, 00:10:00 

11, a compasse diaU, 00 : 05 : 00 

K, a hoUand shirt, 00:07:00 



The charges for his buriall. 

n, for a winding sheett, 5 yards of lockorum & thrid, 

n, for a coffin, 

n, for digging the graue, 

I?, to the clarke of the Court, 

K, to the charges of the ordinary, . . . 
n, paied in money to him of his wages, . . 



07 : 08 : 00 

08:05 
00 : 08 : 00 
00 : 03 : 00 
00 : 02 : 06 
00 : 12 : 00 
00 : 12 : 00 



02:03: 11 



05 : 04 : 00 



Remaines due to the heires of the said Titus Way- 
mouth, to bee paied by Samuell Mayo, .... 
There is due alsoe, which was forgotten, in money, . 00 : 01 : 00 




PLYMOUTH COLONY RECORDS. 

And wheras reports passed that hee, the said Titus Waymouth, had a 
chist and other thinges att Boston wherein possibly sofa writings might bee 
which might bee vsefull for the demaunding of some debts, which, as is said, 
^°''- is due to him in Verginnia, a letter was directed to the goQment of the Massa- 
chusetts to take such course about the ^misses as they should judge meet. 



5 October. 
Bkadfokd, 



3 February. *j[ff ff^g Qgy^^f g^ Asistauts holdeu att JVcw Plymouth the 3^ of 
t*^0^-] Febrmry, 1656. 

Before Wiliam Bradford, GoQ, and 

Wiliam CoUyare and Thomas Willett, 
Asistants, &d. 

IN a controversy betwixt Thomas Lucas and the widdow Dotey about rec- 
onings betwixt them, the said Lucas is to pay to the widdow Dotey 3', 
and soe the controversy is ended. 

Concerninge the controversye betwixt Francis BilUngton and Edward 
Gray about two iron wedges, the Court, haueing heard the vtmost that could 
bee said about it, found a cupple of wedges, which the said Billington layed 
claime to, to bee his, and ordered they should bee deliuered to him, vizj, a wedge 
with a marke or hole on each side, which came by the hammering of it acce- 
dentally, and the other a smale entering wedge, which was found behind M'" 
Attwoods house. 

In the controversye betwixt Francis Billington and Wiliam Browne 
about some wages hee claimed for his son Joseph, whoe was hiered by the 
said Browne for a month to sayle with him, the Court haue ordered that the 
said Browne shall pay vnto the said Billington 4', to bee aded to 4 dales 
workes hee oweth the said Browne for alreddy, and soe the controvercye is 
ended. 

Att this Court, the cunstable of Taunton brought a certaine Scote, a 
single man, and an Irish woman named Katheren Aimes, whome hee had 
apprehended vpon suspision of coinitiug adultery each with other ; but the 
Court, haueing examined them, could not proceed to punish them for want 
of clearer euidence ; but haueing intelligence that sundry in Taunton could 
giue euidence in the case, whoe were not p>sent, the Court cornited the said 
man. and woman to the custidy of the marshals vntill the next Court, and 



COURT OEDEKS. HI 

summoned in the wittnesses to appeer att the said Couit, vizj, Alexander 165 6-7. 
Aines, John Muckclay-j Daniell Muckeney, Scotsmen, and a certaine Irish " '' ' 
■woman named Elizabeth ; her other name non psent doe know. rBBADFoiiD 

Att this Com-t, complaint was made against Jane, the wife of Wiliam Goveunou.] 
Launder, of Sandwidg, and Sarah, the daughter of Eichard Kerbey, for des- 
turbance by them made in the publicke worship of God on the Lords day att 
Sandwidge, by opposing and abusing the speaker amongst them, whervpon the 
said pties were summoned to appeer att the next Court to answare for their 
said misdemeanor. 

Att this Court, complaint was made that Nicolas Vpsiall, and Richard 
Kerbey, and the wife of John Newland, & others, did frequently meet 
together att the house of "Wiliam AUin, att Sandwich, on the Lords day, and 
att other times, att which meetings they vsed to invey against minnesters and 
majestrates, to the dishoner of God and contempt of goQment ; the Court haue 
therfore directed sommons to the cunstable of Sandwich to require the said 
Wiliam Allin, Richard Kerbey, and the wife of John Newland psonallyto 
appeer att the next Generall Court, to answare for the said misdemeanors ; 
and the said Nicolas Vpsiall being onely lycenced by the Court formerly to 
stay att Sandwidge vntell the extremitie of winter is ouer, is by spetiall order 
now warned to depart the goQment by the first of March next ; and Trustrum 
Hull, whoe brought him into the goQment, is, according to order, required to 
carry him away againe by the time beforementioned. 



*Mt the Generall Court holden att Pli/mouth the fift Day of March, ^ March. 

Anno 1656. [*110.] 

The Goii"" viiis 
sicke att this 

Before Wiliam CoUyare, John Alden, and Court. 

Timothy Hatherley, Thomas Willett, 

Assistants, &6. 

A TT this Court, Wiliam Paule, Scotchman, for his vnclean and filthy 
im behauiour with the wife of Alexander Aines, is centanced by the Court 
to bee forthwith publickly whipt, and and to paye the officers the charges of 
his imprisonment and punishment, which accordingly was pformed. 

Att this Cour, Katheren Aines, for her vnclean and laciuiouse behauior 
with the abouesaid Wiliam Paule, and for the blasphemes words that shee 



112 PLYMOUTH COLONY KECOKDS. 

165 6-7. hath spoken, is centanced by the Court to bee forthwith publickly ■whipt heer 
"''"~^' ' att Plymouth, and afterwards att Taunton, on a pubhcke training day, and to 
r-a ' were a Koman B cutt out of ridd cloth and sowed to her vper garment on her 

GovERNOK.] right arme ; and if shee shalbee euer found without it soe wome whil shee is 
in the goQment, to bee forthwith publickly whipt. 

Alexander Anis, for his leaueing his family, and exposing his wife to 
such temtations, and being as baud to her therin, is centanced by the Court 
for the p>sent to sitt in the stockes the time the said Paule and Katheren Ainis 
are whipt, which was pformed ; and the said Alexander Anis is to pay the 
charges of his wifes imprisonment and punishment, which said charge, in 
regard the said Anis is very poor, is to pay it by twelue pence p weeke 
vntill it is all payed ; and James "Walker, of Taunton, is appointed to recieue 
it in the countreyes behalfe. 
"Wiliam AUin Wiliam Allin oweth vnto his highnes the Lord Protector the \ 

cleared of his /• f <i\) 

bonds. s^xmme of J 

The condition, that if the said "Wiliam Allin shall appeer att the Generall 
Court to bee holden att Plymouth the first Thursday in June next, and bee 
reddy to make answare for his allowance of a meeting in his house tending to 
desturbance, and in the mean time shall not allow of any such meetings in his 
house as hee hath don, but shall hinder the same, and not depart the said 
Court without lycence ; that then, Sid. 

Sarah Kerbey, for her desturbance of the publicke worship of God, after 
admonision and centance formerly giuen against her, which was, to bee 
publickly whipt, is now ordered to bee pformed, and soe accordingly was 
exeq^uted. 

Jane, the wife of Wiliam Launder, for the like offence, vizj, desturbing 
the publicke worship of God on the Lords day, att Sandwich, is centanced to 
bee pviblickly whipt, ouely the execution therof is respeted, that incase shee 
shalbee warned by the fsent centance and admonision to offend noe more in 
this kind, that then the said punishment not to bee inflected, or otherwise to 
bee executed. 
[*111.] *"Whcras the summe of six pound and nine pence rest due vpon account 

vnto Constant Southworth, for charges expended by him in mending the 
bridge att Joaneses Riuer, and because hee hath been att trouble and charges 
in staying for his pay and spending time and taking paines about the said 
bridge, the Court doe allow him for the same the summe of ninteen shilling 
and three pence to make vp his due to bee the summe of seauen pounds, pte 
wherof to bee paied in three barrells of oyle. 

The Court, haueing viewed a petition prefered vnto this Court by John 



COURT OKDERS. 113 

Palmer, of Scittuate, therin req[uesting healp from the Court in respect vnto 165 6-7. 
som disquietnes in the injoyment of som laiid by him possessed att the North ""^ ^i 
Riuer, supposed to bee the towne of Scittuates commons, haue answared that r-BEADroED, 
they conceiue it appertaineth not to them to affoard him healp in the case, but Governor.] 
rather the towne of Scittuate, and for that pui-pose haue directed a few words 
in writing requesting the said towne to take his case into consideration with 
all convenient speed, and to affoard him what redresse the shall see reason 
for about the g>mises. 

A warrant was dii-ected from this Court vnto M' Anthony Thacher, of 
Yarmouth, to require him psonally to appeer att the Court of Asistants to 
bee holden in May next, to make answare to a complaint of Janna, an Indian 
sachem, concerning some lands formerly belonging to him in the liberties 
of Yai-mouth, which were purchased of him by M' Thacher, M' Howes, and, 
as hee saith, vnpaied for. 

An attachment layed on a bullock belonging to Anthony "Wright, att the 
suite of Tho Tupper, is respeted untill the next Generall Court. 

A warrant was directed vnto the cunstable of Taunton, requiring him to 
attach soe much of the goods or chatties of Wiliam Hailstone within his liber- 
ties as wiU satisfy the cheife marshall the summe of three and twenty shiUinges, 
and to satisfy the law against lying, wherin the said Hailstone is found faulty 
in three pticulars in a petition prefered by him to the Com-t in June, 1656. 
The sume is thirty shillings in all 02" 13' 00. 

An order was directed from the Couit to John Newland, of Sandwich, in 
the words followinge : — 

John Newland : The Court being informed of a meeting that hath tended 
to the desturbance of the publicke worship of God, which said meeting hath 
ben kept att a house which wee are informed you haue an interest in, these are 
to require you, that for the future (so fare as you haue interest in the said 
house) that you suffer noe such meeting of such psons att youer house for 
such ends as aforsaid, either on the Lords day or att other times, as you will 
answare the contrary att youer pill. 

The Courts order. P me, NATHANIELL MOETON, 

Clarke of the Court. 

A warrant was directed requiring the cunstables of Sandwidge and Bar- 
stable from one to another to convey Nicholas Vpsiall to Trustrum Hull, to 
bee recaried out of the goQment. 

Memorand : to send for Elizabeth, the wife of John Newland, to appeer 
att the next Court. 

vol,. III. 13 



114 PLYMOUTH COLONY KECORDS. 



16 5 7. *Att a Court of jlsistants kolden att Plymouth the 4'^ of May, 

i May. 

GovERNoTl Before "Willam CoUyare, John Alden, and 

[*113.] Timotliy Hatherley, James Cudworth, 

Asistants, &6. 



THE Court ordered and request M"^ Hatherley and Cap? Cudworth to 
take cecuryty of Abiaill, the wife of Wiliam Hatch, deceased, in the 
behalfe of Pheha Hatch, his daughter, for the paiment and makeing good of 
her portion giuen her by her said deceased father, to bee deHuered according 
to his will extant. 

£ers of adminnestration graunted vnto Manasses Kemton to adminnester 
on the estate of Joanna Kemton, deceased, with liberty left that incase Thomas 
Rawlins shall thinke good to joyne with him therein, hee may if hee please. 

M' AUexander Standish and M' Josias Standish doe accept of beeing 
exequitors with M"* Barbery Standish, theire mother, on the estate of Captaine 
Myles Standish, deceased. 

Concerning a controvercye betwixt the comittees of Yarmouth and Janno, 
an Indian sachem, about a tract of land which the said Indian saith hee neuer 
sold vnto the said comittes, the Court haue ordered, that att June Court next 
they then will depute some men to goe to the said land, and to treat and con- 
clude with the said Indian about the same, soe as to put a finall end vnto the 
said controversye. 



sjune. *Att the Court of Election holden att Plymouth the 8^ of June, 
[*113-] 1657. 

Beeoke Thomas Prence, John Alden, and 

Willam CoUyare, James Cudworth, 

Timothy Hatherley, 

Assistants, &5. 

It/TK THOMAS PEENCE was chosen GoQ, and sworne. 

^^ Wiliam CoUyar, Cap? Thomas WiUett, 

Timothy Hatherley, Cap? James Cudworth, 

John Alden, Cap? Josias Winslow, 

and Leiftenant Thomas Southworth were chosen Asistants, and sworne. 



COURT ORDERS. 



115 



M"^ Thomas Prence and Capl James Cudworth were chosen comissioners. 1657. 
M' John Alden was chosen Tresurer. " ^ ' 

3 June. 

rPltEN CE 

Att this Court the whole body of fireemen psonally appeered, and enacted governok'.] 
Bimdry lawes, of which see more in the booke of lawes. 



The Names of the Deputies 

M' Wiliam Bradford, 
Eobert Finney, 
Ephraim ]Morton, 
Wlllam Paybody, 
John Rogers, 
Edward Jenkens, 
John Bryant, 
Tho Tupper, 
James Skiffe, 
Leiftenant Wiatt, 
Richard Wiliams, 



that serued att this Court. 

M"^ Edmond Hawes, 
Tho Palland, 
Anthony Annable, 
John Smith, 
M' Anthony Eames, 
M' Stephen Payne, 
Wiliam Sabin, 
Nicalas Snow, 
Richard Higgens, 
John WilHs. 



Daniell Cole, 
Samuell Ryder, Seni', 
John Hall, 
Wiliam Crocker, 
John Finney, 
John Tisdall, 
John Dean, 
Robert Abell, 
John Russell, 
Wiliam Sherman, 
Jeremiah Hatch, 
Mathew Gannett, 



The Grand Enquest. 

Josepth Alden, 
M' Nicolas Pecke, 
Lawrance Willis, 
John Smith, 
Wiliam Spooner, 
Samuell Dunham, 
John Whiston, 
Benjamine Bartlett, 
M' John Vincent, 
M' Tho Dexter, Juni'. 



The Names of such as refused to serue on the Grand Enquest. 
Henery Howland, 
John Tompson, 
Morise Truant, 
Ralph Allen, Seni, 
Thomas Greenfeild. 
James Hamblen was sick, and could not serue. 




3 June. 

[Prence, 

Governor.] 

[*114.] 



Scittuate, 



sworn. 



PLYMOUTH COLONY KECORDS. 

*The Names of the Cunstables of the seueral Townes. 

Plymouth, "Wiliam Nelson, sworn. 

DuxbuiTow, Constant Southworth, sworn. 

( Josepth Wormall, ' 

[Henery Ewell, 

Sandwidge, Wiliam Bassett, sworn att home. 

Taunton, Hezekiah Hoare, sworn. 

Yarmouth, Robert Eldred, sworn. 

Barnstable, Tho Huckens, sworn. 

rjohn Howland, 

[John Phillips, 
Eehoboth, ... . . "Wiliam Buckland, sworne. 

Eastham, Henery Atkins, sworn att home. 

Bridgwater, SamueU Tomkins, sworne. 



Marshfeild, 



sworne. 



Survayors for the Highwayes. 

' SamueU Jeney, 



Plymouth, 

Duxburrow, 

Scittuate, . 
Sandwidge, 
Taunton, . 
Yarmouth, 
Barnstable, 
Marshfeild, 
Eehoboth, 
Eastham, . 
Bridgwater, , 



. Tho Morton, 
Sargeant Shaw. 
Moses Simons, 
Francis Sprague. 
Gorg Pitcocke, 
Wiliam Randall. 

{John Jenkens, 
Edw Perrey. 

Rich Stacye, 

Jonas Austine. 
J Wiliam Chase, Seni', 
( Rich Tayler. 

M-^ Tho Allen, 

SamueU Hinckley. 
( Wiliam Foard, 
[ Tho TUden. 
r Phillip Walker, 
[ Obadia Bowen. 
' Tho Roberts, 

Maike Snow. 
f Arther Harris, 
] John Haward. 



Frefelhen amitted this Court, 


and swoirfie. 


IIT 
165 7. 


Henery Ewell, 


Gorge Lewis, 


3 June. 


Josepth Wormall, 


M' Nicolas Pecke, 


PeeiTce, 


Anthony Slocom, 


Daniell Smith, 


Gbe. 


Gorge Eussell, 


Wiliam Sabin, 




Nathaniell Warren, 


John AUin, 




Marke Snow, 


Tho Morton, 




Josepth Wadsworth, 


Jonathan Shaw, 




Eluerton Crow, 


Jonathan Dunham, 




John Tracye, 


Josepth Aldin, 




Timothy Williamson, 


Jonathan Aldin. 




Josepth Howes, 







These vnderwritten tooke the oath of fidellitie this Court. 

Wiliam Witherell, Jonas Austine, 

Robert Eldred, Jonathan Briggs. 

*The comitte appointed by the Court to review the lawes, and to reduce them [*115.] 
to such order as they may conduce to the benifitt of the goflment. 

M' Wiliam CoUyare, Cap? James Cudworth, 

M' Timothy Hatherley, Cap? Josias Winslow. 

M' John Alden, 

These, or any three of them, are to meet as soon as conveniently they 
can, for the end abouesaid. 

Leif t Southworth was alsoe in nomination, and his healp desired. 

M' John Alden and Leiftenant Southworth are requested and appointed 
by the Court to goe downe to Yarmouth and Barnstable, and to sett those dif- 
ferences that are betwixt the Indians and them att rightes according to theire 
best abUlities. 

M' Anthony Eames and M' Wiliam Bradford are aded by the Court vnto 
the majestrates to bee a counsell of warr, and soe bee and remaine vntill the 
next Election Court, and then to bee continued or otherwise as the Court 
shall see reason; the said counsell of warr, for theire proceedings and acting 
in affaires of that kind, to haue reference vnto thfe orders made for the coun- 
sell of warr chosen in anno 1653. 

M'^ Thomas Prence was chosen and apJ)ointed to bee g>sedent of the said 
counsell. 

Cap? Cudworth, Capt Winslo-vi', Leif? Southworth, and M' Wiliam 



118 PLYMOUTH COLONY RECORDS. 

1657. Bradford are appointed by the Court to take the account of the Tresurer for 
' ^ the yeare last past in the behalfe of the countrey. 

Pkenoe '^^^ Court haue deputed some speciall men in the townes of Taunton, 

GoB. Barnstable, and Rehoboth, in regard of theire farr distance of place from any 
majestrates, to adminnester marriage, and to adminnester an oth to giue true 
testimony and information to the grand enquest, and likewise in his highnes 
name to issue forth warrants to suppena in witnesses to giue testimony to the 
Court or grand enquest in such cases. 
For Taunton, M'' Wiliam Parker. 

For Sandwich, Yarmouth, and Barnstable, M' Tho Hinckley. 
For Rehoboth, M'^ Josepth Pecke, Seni^ 

"Wiliam Barstow is allowed by the Coiurt to draw and sell wine, beer, 
and stronge waters for passengers that come and goe ouer the bridg hee hath 
lately made, or others that shall haue occation, vnless any just exception shall 
come in against him. 

[*116.] *A Testimony of M-^ Anthony Thacher. 

I, Anthony Thacher, doe testify, that Cap? Standish accepted of one cow, 
of Barnard Lumbard in the summe of fine pounds, which cow the said Bar- 
nard promised to winter ; and the captaine promised to allow him for it. 
This I can testify vpon oath, and, if I bee called, shalbee reddy to doe it. 

ANTHONY THACHER. 

Wheras there hath been a defect, and is, in the towne of Sandwich in 
not sending sufficient men to serue on the grand enquest, this Court hath 
ordered, that notice shalbee giuen them forthwith, that they are to provide and 
send two sufficient men to serue on the grand enquest vnto the Court to bee 
holden att Plymouth the first Tusday in October next ; and incase they shall 
not, that then the Court will appoint two men to serue in that place out of 
theire towne, and that theire charge shalbee bourne by theire towne as other 
comon charges, and allow them two shillings & six pence a day, to bee leuied 
by rate as other publicke charges. 

In answare to a complaint against Robert Croosman, of Taunton, for 
wronging an apprentice of his, the Court Jiaue directed an order vnto the 
select men of the said towne, whoe are deputed to order the speciall affaires 
therof, to take course about the same, soe as the said Crosman his said ser- 
vant bee heard in any just complaint and releiued ; but incase it can not bee 
soe issued, that both m"^ and servant are to appeer att the Court of Assistants 
to bee held in Plymouth the first Tusday in August next ; and for that end. 




COURT ORDERS. 

incase there shalbee nessesitie to make vse therof, a warrant was issued forth 
requiring the cunstable of Taunton to warn them to appeer att the said Court ; 

. 3 June. 

and the Court haue hkwise sent for such testimony as may bee produced to prence 
cleare the case. "^oS. 

Wheras there is a complaint made by a seruant belonging to M' Thomas An order sent 
Gilbert, Juni"^, that hee is ill vsed, being decriped, and is in want of competent ^-^^^^ ^ ^ ^^ 
and convenient clothing, &(3, these are to require the selectmen deputed by M' Gilberts, 
the towne of Taunton to order the speciall affaires therof that they take notice 
of the boyes condition, and vse theire best prudence that hee may bee compe- 
tently prouided for, and in speciall that hee bee prouided for in the winter 
season with shooes and stockens, and likewise to warn and require the boy to 
carry towards his mistris as a seruant ought to doe, with all due respect and 
obedienc ; and incase youer indeauors will not procure a redresse in the ^mises, 
vpon further notice giuen vnto vs from you wee shall take course as reason 
shall require ; and wee likewise desire you seriously to remember that some 
speedy course may bee taken for the curing of the boyes foot, being in danger 
of perishing. 

By order of the Court. P mee, NATHANIELL MORTON, 

Clark. 

*In answare to a petition prefered to the Court by Nicolas Jyde, of [*117.] 
Rehoboth, requesting earnestly, that wheras hee lyeth vnder a fine of twenty 
fiue pounds for selling a gun to an Indian, that the said fine might bee remited 
and forgiuen, pleading his inabillitie to pay the same, the Court haue ordered, 
that incase sundry of the townsmen of Rehoboth now ^sent in Court — vizj, 
M'' Payne and others — shall pay, or cause to bee payed, the sume of fiue 
pounds in good wampam, in the behalfe of the countrey, vnto M' Paddy, att 
Boston, bet-nixt this f>sent date and the Court to bee holden att Plymouth the 
first Tusday in October next, vpon notice giuen by them that they haue soe 
done, the remainder of the said twenty fiue pounds is clearly remited and 
forgiuen. 

In answare vnto a complaint made in the behalfe of the Indians att 
Rehoboth whoe haue had theire come spoyled and destroyed by horses, the 
Court haue ordered, that a pound shall forthwith bee made by such as are the 
owners of the land, which was th£ purchasers, on some convenient place on 
the said land, within the space of thirty dayes after this ^sent Court, to 
impound such horses or other cattle as shall trespas on the Indians as 
aforsaid, and to haue twelue pence a horse for euei-y horse that shalbee soe 



120 PLYMOUTH COLONY RECOKDS. 

1657. impounded, and six pence for euery bullockoj and four pence for euery hogg j 
~ ^ "^ and incase those abouesaid, that are to make the id pound, shall neglect to 
p make it by the time prefixed, they are to pay for a fine the sume of fiue 

Got?. pounds. 

Richard Bowin, Leiftenant Peter Hunt, and John Allin, of Eehoboth, 
whoe were appointed by the Court to bee ouerseers of the children and estate 
of M' Alexander Winchester, haue declared vnto the Court theire joynt con- 
sent that the portion, vizj, the house and land, &6, desposed vnto M'^ Nicolas 
Pecke, whoe is joyned in marriage with the eldest of the said M' Winchesters 
daughters, shalbee confeirmed vnto him. 

Three acres of meddow, which was graunted and giuen vnto Robert Abell 
by the purchasers out of theire lands neare Eehoboth, is now confeirmed vnto 
the said Abell by those whoe haue since bought the said land of the said 
purchasers vnto the said Robert Abell, his heires and assignes, for euer. 

Libertie is graunted vnto M' John Alden to looke out a portion of land 
to accomodate his sons withal! , and to make report therof vnto the Court, that 
soe it may bee confeirmed vnto him. 

In answare vnto a petition prefered to the Court by Wiliam Nicarson, 
desiring to haae libertie to injoy the land hee purchased att Mannamoiett, — 

The Coiu't haue ordered, that the said land shalbee viewed by some that 
shalbee deputed ; and afterwards, vpon theire report to the Court, hee is to 
haue a competency or proportion out of it allowed vnto him, and then to 
resigne vp the remainder vnto the Court. 

For the cecuring of the countryes powder, it is left vnto Leiftenant 
Southworth and the deputies of Plymouth to hier workmen to make a place 
to cecure it in, and the charge therof to bee defrayed by the Tresurer in the 
countreyes behalfe. 
r«ll8.] *M'' Anthony Eames, Robert Studson, 

M'^ Wiliam Bradford, Nathaneell Bacon, 

M"' Stephen Payne, Wiliam Paybody, 

M'' Kanelme Winslow, John Cooke, + 

Leiftenant Torrey, 
+ Richard Sparrow and Thomas Clarke were appointed by the Court as a 
comittee to take into seriouse consideration what way to take for the accomo- 
dation of our honored GoQ and majestrates in makeing prouission for them as 
occation doth require, haue recoinended to the Court the result of theire 
agitations, which were read in Court and approued, and accordingly recorded 
as foUoweth : — 

1. Wee doe agree that ■Nlistris Bradford shalbee satisfyed by the Tres- 



COUET ORDEES. 121 

urer what cliarges stee hath been att in intertaining our honored GoQ and 16 57. 

majestrates for this fsent Court. " ~^ 

2. Wee doe agree that shee shall haue ten pounds of the best pay, to rpnENCE 
bee payed vnto her out of the Tresurer, to satisfy for such trouble and charge Goveenoe.] 
as shee shall sustaine in entertaining of our honored GoQ and majestrates for 

the ensuing yeare. 

3. WheraSj vpon our desire and request. Constant Southworth is willing 
to make prouission for our honored Goii and majestrates for the ensuing yeare, 
we do agree, — 

That hee shall haue twenty pounds paied him by the countrey, in such 
pay as was formerly payed to our late honored Goii, and to bee paied vnto 
him by each township according to theire proportions as formerly, and accord- 
ing vnto the time formerly prefixed by order of Court ; and alsoe wee doe 
agree, that hee shall haue fine pounds of the best pay payed him by the 
Tresurer, as hee hath ocation to make vse of it to defray charges as 
abouesaid. 

4. Wee doe agree that our honored GoQ shall haue ten pounds allowed 
bim by the countrey, to bee paied him by the Tresurer, for a man to attend 
vpon him in his journeyes to the Courts. 

The Court doth appoint and request M' AlHn, of Barnstable, to bee in 
a reddines to giue intertainment to our honored Gofl. in his journeyes to and 
fro, both for himselfe and his attendance, and especially to accomodate him 
with a priuate rome and other nessesaries ; and the countrey doe engage that 
hee shalbee satisfyed for his charge and trouble about the same, to bee leuied 
by rate as other pubhcke charges. 

The Court haue ordered, that those that refused att this Court to take 
the oath of the grand inquest, the comittees or deputies of such townes where 
such Hue shall signify vnto them, that if they shall change their minds about 
the same, and shalbee willing to take the said oath, they are to signify soe 
much to the next Court of Assistants, or otherwise the Court will take further 
course as they shall see meet. 

VOL. m. 16 



122 



PLYMOUTH COLONY EECOEDS. 



1657. 

6 October. 

[Pkence, 

governob.] 

[*119.] 



*J.tt the Gmerall Court holden att Plymouth the sixt of October, 

1657. 



Before Thomas Prence, GoQ, 
Wiliam CoUyare, 
Timothy Hatherley, 

Asistaiits, &^, 



John Alden, 

James Cudworth, and 

Thomas Southworth, 



WHERAS complaint is made to the Coui-t by the inhabitants and 
townsmen of Taunton, that sundry vnworthy and defamed psons 
haue thrust themselues into the said towne to inhabite there, not haueing 
approbacSn of any two majestrates according to an order of Court, and con- 
trary to the minds of diners of the inhabitants, to theii-e greivance, the Court, 
haueing taken theire condition into seriouse consideration, doth order, — 

1. That noe such pson bee intertained by any inhabitant of the towne, 
on the penaltie of forfeiting twenty shillinges for euery weeke that they shall 
intertaine them without the approbacon of the fine select men appointed to 
order the publicke affaires of the towne ; and inspeciall, that Wiliam Paule 
and his wife bee forthwith expelled the towne. 

2. Likewise, it is ordered, that you giue warning to youer townsmen, 
that noe pson or psons of youer towne do sell, hier, or giue house or land to 
any pson, soe as therby to bring them in to bee inhabitants amongst them, but 
such as haue approbactSn of two of the majestrates att least, according to an 
ancient order of Court, as they wUl answare theire contempt in doeing the 
contrary. 

3 & 4. For youer third and fourth greivance, we conceiue that if youer 
constable and grandjurimen doe theire dutyes, there wilbee a full redresse of 
such abusses. 

5. M' Wiliam Parker being deputed by the Court to adminnester an 
oath to giue true testimony to the grand enquest, and likewise in his highnes 
name to issue forth warrants to supena in witnesses to giue testimony to the 
Court or grand enquest in such cases, that the Court order in the j^mises bee 
improued as occation shall require as a preparatiue way to fm-ther justice. 

Lastly, the Court doth order, that the fiue select men of youer towne — 
vizj. Cap? Wiliam Pole, Gorge Hall, M' Wiliam Parker, Leiftenant James 
Wyatt, and John Dean — doe forthwith, on receipt heerof, require youer cun- 
stable to warne a townmeeting, that soe these things may bee published in 
youer towne. 



6 October. 

Prence, 



COURT ORDERS. 123 

It is ordered by the Comt, that M' Timothy Hatherley, and Cap? James 1657. 
Cudworth, and Cap? Josias Winslow take convenient time to take notice of 
the horse bridge ouer the North Eiuer, that it bee sufficiently don, and alsoe 
of the -way Tnto it, and accordingly to judge what Wiliam Barstow is worthy ^°^'^- 
to haue for his worke and paines therabout, and then to returne what they 
haue don in the ^mises vnto the Treasurer, that accordingly hee may bee 
satisfyed. 

*Vpon a desire and rec[uest made vnto the Court by M' John Done, [*120.] 
Josias Cooke, Bichard Sparrow, and Richard Higgens, desireing som propor- 
tions of land att a place about thirteen English miles from Rehoboth, — 

The Courts answare is, that they doe condecend thervnto, prouided they 
doe not intrench on any lands alreddy graunted to any others, and that it bee 
orderly purchased of the right natiue propriators, and likewise that they bee 
willing that others may bee accomodated by them there, if occation shall 
require. 

Liberty is graunted vnto Edward Banges to draw and sell wine and 
strong waters att Eastham, prouided it bee for the refreshment of the English, 
and not to bee sold to the Indians. 

Liberty is graunted vnto Nicolas "Wade to keep an ordinary att Scittu- 
ate, soe as hee prouide convenient lodging and other accomodacon for trauel- 
lers, and carry well in it ; and this liberty to continew soe longe as the Coxurt 
shall see reason. 

Att this Coiui, Humphrey Norton, one of those comonly called Quakers, 
being summoned, appeered, and was examined and found guilty of diuers 
horred errors, and was centanced speedily to depart the goQment, and was 
forthwith expeled the goQment by the vnder marshaU, whoe was required to 
accompanie him as farr as Asonett, towards Road Hand. 

"Wiliam Newland, for causing or incurraging Tho Burgis to lett Christo- of these see 
pher Holder, one of those called Quakers, to take a coppy of the GoQnors Xetendof 
warrant, which said warrant reqrdred the said holder and his ptener to appeer thisbooke. 

See Book of 

att Plymouth, and for promising to stand betwixt the said Burgis and any -wills, &c., 
damage that should befall him in the abouesaid respect, and for calling of ^° ' "' 
diuers psons together to his house to the said Quakers, was centanced by the 
Court to find surties for his good behauiour. 

Ralph AlHn, Seni', of Sandwich, for entertaineing diuers psons att sundry 
times to meet att his house, contrary to order of Court, and for his vnworthy 
speeches by him spoken to the cunstable of Sandwich, was centanced to find 
surties for his good behauior ; which the said "Wiliam Newland and Ralph 
Alhn refusing to doe, where coiiiited to the custitie of the cheife marshall. 



124 PLYMOUTH COLONY RECORDS. 

16 5 7. Tho Burgis, expressing his sorrow for letting the said Christopher Holder 

' '^ ' and his ptener, John Copeland, take a coppy of the warrant as abouesaid, was 
Prenoe admonished and released. 

Gon". Henery Saunders, for refusing to aid the cunstables deputie of Sandwich 

in the execution of his office about the abouesaid Humphrey Norton, was 
comited during the pleasure of the Court. 

M"^ Edward Dillingham, for speaking approbriesly to the cunstables dep- 
utie of Sandwich, was admonished and cleared. 

Ralph Jones appeered att this Court, being sumoned for not repairing to 
the pubUcke worship of God, and was convicted that hee had broken the law 
about the same, and accordingly is found lyable to beare the penaltie in that 
case amersed. 
22 December. *The 22"=°°* of December, "Wiliam CoUyare, John Alden, Josias Winslow, 

[ 1*1.] and Thomas Southworth, Asistants, &6, mett together att the house of M' 
John Alden att Duxburrow, the occation wherof foUoweth, vizj : — 

That wheras Robert Huchin, one of those that are comonly called Qua- 
kers, goeing too and frow in some of the townes of this goQment, procured 
sundry psons to giue meeting to him, contrary to order of Court ; and sundry 
alsoe began to bee taken with his novalties, which was likely to produce great 
desturbance in this goGment ; for which cause M' Wiliam CoUyare, on the 
19' of December, went ouer to Cap? Josias Winslow, vnto Marshfeild, and 
they, haueing intelligence of such practises by the said Robert Huchin and 
others as aboue expressed, issued forth a warrant in the name of his highnes 
to apprehend the said Huchin, and soe to interupt the said meetings on the 
20* of December, being the Lords day. Cap? Josias Winslow, haueing intel- 
ligence of an intended meeting of like nature as aforsaid, intended to bee kept 
att the house of M"" Arther Howland, att Marshfeild, sent John Philhps, the 
cunstable of Marshfeild, with order to interupt the said meeting, and to 
aprehend the said Robert Huchin ; but notice being giuen in an vnexpected 
way before the said cunstable came thither, hee found noe man att the said 
house, soe that the said Robert Huchin was not taken. On the morrow after 
being Munday, the one and twentieth of December, Cap? Josias Winslow, by 
warrant in his highnes name, required the abouesaid cunstable, John Phillips, 
to repaire to the house of the said Arther Howland, to warn him to appeer 
psonally att the house of M' John Alden, before the majestrates aboue 
expressed, and likewise to apprehend the abouesaid Robert Huchin, hee being 
then in the said house, accompanied with the said Arther Howland and Josepth 
Rogers,. son of John Rogers, of Marshfeild, and another of his sonnes ; the 
said cunstable then apprehending him, the said Robert Huchin was opposed 



COURT ORDERS. 125 

and hindered by the said Arther Howland, soe as hee could not bring him, 1657. 

the said Huchin, away with him. The pticular passages that passed bet-wixt " < ' 

them are as foUoweth, as they appeered to bee on the examination of the ""^ "''■ 
abousaid cunstable and the said Arther Howland, before the abouesaid majes- Gon= 
trates, on the 22<='""i of December, att the house of M' John Alden att 
Duxburrow. 

John Phillipes, cunstable of Marshfeild, on the one and twentieth day of 
December, 1657, repairing to the house of M' Arther Howland, to summon 
the said Arther Howland, by warrant from Cap? Josias Winslow, to appeer 
on the morrow after, att the house of M' John Alden, before the majestrates, 
to answare for intertaining a Quaker, and suffering and inviting sundry to 
hear the said Quaker, coming into the house of the said Arther Howland, 
summoned him to appeer as aforsaid, and, pceiueing the said Quaker to bee 
there, haueing a warrant to attach him psonally, to appeer before authoritie, 
rec[uired him to goe along with him, whervpon the said Arther Howland would 
not suffer him to goe along with him ; on which the said Phillips pulled him to 
goe alonge with him : and then the said Arther Howland thrust the said John 
Phillipes out of his dores ; then the said John Phillipes charged the said Arther 
Howland and the two sonnes of Jdhn Rogers abouesaid with the *said Quaker, [*122.] 
to haue him forth coming ; and then the said Arther Howland said, if hee, 
the said John Phillipes, tooke such courses, hee would haue either a sword or a 
gun in the belly of him ; then the said Phillipes went downe to the mill to gitt 
more assistance, and when hee came vp againe, the said Quaker was gon. 
Further, the said John Phillipes saith, that when hee required the young men 
then ^sent before expressed to aide him, one of them, vizj, Joseph Rogers, 
aboue expressed, refased to asist him in bringing away the said Quaker. 
Samuell Hunt, aged 17 yeares or therabouts, being deposed, saith, — 
That about a fortnight before the date heerof, being att the house of 
Zoeth Howland, hee, the said Zoeth Howland, said hee would not goe to 
meeting to hear lyes, and that the diuill could teach as good a sermon as the 
minnisters ; and that a 2"""* time being att the house of the said Zoeth How- 
land, on the IS"" day of this j^sent December, and his brother, John Hunt, 
and Tho Delano being with him, hee questioned with the said Zoeth Howland 
whether hee would not goe to the meeting, because the minnesters taught lyes, 
and that the diuill could teach as good a sermon as the minnesters ; and hee 
said hee denied it not. Alsoe, Tho Delano questioned with him whether the 
minnesters taught lyes ; and hee said yes, and lett him looke in the Scrip- 
tures and hee should find it soe. 



126 PLYMOUTH COLONY RECORDS. 

16 57. Tho Delano and John Hunt concure with Samuell Hunt in this tes- 



~ r-"~^ timony. 

22 December. . , . 

Phenoe Arther Holland, for the cause aboue expressed, was centanced to giue 

GoTj» bonds for his apperance att the Generall Court to bee holden att Plymouth 

the first Tusday in March next, and in the mean while to bee of good behauior 

towards all manor of people ; hee, refusing to giue his owne single bond, was 

comitted to the custitie of the cheife marshall. 

Zoeth Howland was warned to appeer att the said Coui-t, likewise Henery 
Howland was summoned to appeer att the said Court, to answare for inter- 
aining Quakers meetings in his house. 

John Howland, Juni'', summoned to appeer att the said Court for giueing 
intelligence to Arther Howland and the Quaker, with others mett on the 
ninteenth of December, being the Lords day. 



165 7-8. *M the Court of Jlssistants held att Plymouth the 2'°^ of February, 
— ^ — " 1657. 

2 Febniary. 

'■ ■J Before Wiliam Collyare, Josias "Winslow, and 

James Cudworth, Thomas Southworth, 

Asistants, &d. 

JOHN BARNES complained against Edw Holman for intertaining John 
Wade, his seruant, and for carrying the said "Wade to Duxburrow in his 
boate, without his masters concent. The Court finding the said Holman, 
vpon examination of him, to bee faulty both att this time and att other times 
in like manor, hee was fined ten shillings ; and the next time hee, the said 
Holman, shalbee found faulty in such Hke carryages, on due proofe, towards 
any of the seruants of the said John Barnes, hee is centanced by the Court to 
pay vnto him the sume of twenty shillings. 

Att the same Court, the said John Barnes complained against his said 
seruant, John Wade, the ran vp and downe like vnto a runagate, and hee 
could haue noe comaund ouer him, and therfore desired hee might bee freed 
from any farther care or inspection ouer him ; on which the Court ordered 
the said Barnes to keep his said seruant vntill hee could send word to his 
father, and take further order with him about him. 



COURT ORDERS. 



127 



2 February. 

Prence, 

Gou«. 



Att this Court, Serjeant James Shaw, Samuell Fuller, and Edward Gray 165 7-8. 
complained against Josepth BiUington for neglecting to pay some smale debts 
which hee owed them. The Court, finding the said Billington, on enquiry and 
enformation, to bee a knowne idle and neglegent pson, wherby hee was disa- 
bled to pay men theire owne, and to liue as one in his place and condition 
ought to doe, ordered him forthwith to betake himselfe to an honest imploy- 
ment and to foUowe it faithfully, which if hee shall neglect to doe, on further 
complaint the Court will prouide a seruice for him. 

Likewise, Jonathan Morey, being warned to appeer att this Court to 
answare for such like default, is required to sett himselfe in such wayes and 
courses as wherby hee may bee able to answare euery one theire owne, and is 
allowed vntill June Court next, that incase hee shall approue himselfe better 
in the ^mises, and not frequent the house of Richard Foster in his absence, 
which is thought not convenient for him soe to doe, then the said Morey not 
to bee questioned about the ^mises any further ; but if otherwise, the Coui't 
will then prouide a seruice for him. 

Jolm Copeland, one of the sect comonly called Quakers, being sum- 
moned, appeered, and being examined and found guilty of speaking falsly 
concerning M"^ John Alden, as that his head and knees trembled att such 
time as the said Copeland and Christopher Holder were before the said M"" 
Alden and Leiftenant Southworth, for which the said Copeland is centanced 
by the Court to bee whipt att such time as hee shalbee found in the goQment, 
being required to depart the jurisdiction within eight and forty houres from 
this psent. 

WUiam Braind, one of those called Quakers, being found to bee a man 
of a turbulent speritt and forward to abuse men with his tounge, is required 
to depart the goQment within eight and forty houres from this p>sent ; and 
incase hee shalbee found in the goQment heerafter, to bee publickly whipt. 

These abousaid Quakers, coming through the towne of Plymouth on the 8 February. 
eight day of February, were apprehended and whipt according to the aforsaid 
centance. 



128 



PLYMOUTH COLONY KECORDS. 



16 5 7-8. *Mt the Generall Court holden aft Plymouth the 2""^ of March, 

1657. 



Y 

2 March. 
[Pkence, 

GOTERNOIi.] 

[*124.J 



Befor Thomas Prence, GoQ, 
Wiliam CoUyare, 
Timothy Hatherley, 
John Alden, 



Thomas "Willett, 
James Cudworth, 
Josias Winslow, and 
Thomas Southworth, 



Assistants, &6. 

IN order vnto the proceeding of the abouesaid Court, warrants were issued 
forth to the seuerall cunstables of the seuerall townes of this jurisdiction, 
the tenure wherof is as foUoweth : — 



To the Cunstable of, &(3, greet. 

These are, in the name of his highnes the Lord Protector of England, 
Scotland, and Ireland, to will and comaund you, on receipt heerof, to giue 
publicke notice of the Generall Court to bee holden att Plymouth the first 
Tusday in March next, that all such psons as haue any business theratt may 
then and there attend the same ; and, especially, that you warne youer grand 
jurymen, that they may bee reddy to doe all such seruice as on his said high- 
nes behalfe shalbee required of them ; and that you warne youer townsmen 
to come together, and heerby declare vnto them, that forasmuch as wee, take- 
ing notice of diuers psons in seuerall places that by worde and acte represent 
things of sad consequence, in our apprehensions, to this goQment, wee take 
ourselues bound to manifest to them that they make choise of some able and 
fitt psons for deputies to attend the said Generall Court, to whome wee shall 
more fully impart the whole, that soe they and wee together may consider and 
eifect some such prouission att the p'sent as the case requires, vntill the whole 
body of freemen shall with more conveniency meet together then the ^sent 
season will permit, to take further order therinj wherof fayle not, as you 
tender the good of the whole. 

Dated att Plymouth this 2™"* of February, 1657. 

THOMAS PRENCE, GoQ. 
WILtAM COLLYARE, 
THOMAS WILLETT, 
JOSIAS WINSLOW, 
THOMAS SOUTHWORTH. 



COURT ORDERS. 



129 



The names of the comittees that appeered, according to the sumons 165 7-8. 
abouesaid, were these following : — 



M' John Howland, 
M' Wiliam Bradford, 
John Dunham, Seni', 
Ephraim Morton, 
Wiliam Paybody, 
John Rogers, 
Edward Jenkens, 
John Bryant, 
Thomas Tapper, 
Thomas Burgis, 
M' Wiliam Parker, 
James Walker, 



M' Anthony Thacher, 
Edward Sturgis, 
M' Thomas Hinckley, 
Nathaniell Bacon, 
M' John Bradford, 
Anthony Snow, 
M' Stephen Paine, 
Lei: Peter Hunt, 
Richard Higgens, 
Josias Cooke, 
John Willis. 



2 March. 
[Pkence, 

GorEENOE.] 

Of the lawes 
enacted att this 
Court by the 
majestrates 
and these dep- 
uties, see the 
booke of the 
lawes and con- 
stitutions of 
this goulnent. 



•M' Arther Howland, for pmiting of a Quakers meeting in his house, [*125.] 

and for inviting, vizj, such as were vnder goQment, children and others, to ^^^^^ How- 
land refused to 
come to the said meeting, was centanced by the Court to find surties for the procure surties 

good behauior ; which incase bee should refuse to doe, hee is to pay for a fine jj^^^g ^^ i^jg 

four pounds. g°»'i behauior. 

and soe the fine 

The said Arther Howland, for resisting of the cimstable of Marshfeild is payable. 
in the execution of his office, and for abusing him in words by threatning 
speeches, is fined the soine of fiue pounds. 

The said Arther Howland, {ov g>senting a writing into the Court, which 
said writing, on the pusing therof, appeered to bee of dangerouse consequence, 
hee owning of it to bee his owne, and for makeing knowne the said writing 
to others, was centansed by the Court to find surties for his good behauior. 

John Barnes, for his frequent abusing himselfe in drunkenes, after former 
punishment and admonition, is fined fiue pounds ; and incase any shall enter- 
taine him in theire house in a way of drinking, shalbee fined the sume of 
twenty shillings ; and if any of the towne of Plymouth shalbee found drink- 
ing in his companie, euery such to pay two shillings & sixpence. 

Edward Holman, for telling of a lye in the Court, is fined, according to 
order, ten shillings. 

Henry Howland, for entertaining a meeting in his house contrary to 
order of Court, fined ten shillings. 

Zoeth Howland, for speaking opprobriously of the minnesters of Gods 
word, is centanced to sitt in the stockes for the space of an houre, or during the 

VOT,. III. 17 



130 PLYMOUTH COLONY RECOKDS. 

165 7-8. pleasure of the Court ; which accordingly was pformed, and see released, pay- 
^ ^ ing his fees. 

Peence Peter Gaunt, Daniell Winge, Ealpth Allen, Junier, and Wiliam Allin, 

Gou". being summoned, appeered to answare for a tumultuose carriage att a meeting 
of the Quakers att Sandwich. These, being admonished in that respect, were 
cleared ; notwithstanding, for theire vnreuerent carrying themselues before the 
Court, coming in before them with theire hatts on, were fined twenty shilHngs 
a peece. 

Leifi ElHs, Steuen Winge, and Thomas Butler, being sumoned to answare 
for tumultuose carriage as abouesaid, being examined, and not found soe faulty 
as was supposed, were admonished and cleared. 

[*126.] *Wiliam Newland and Ealph Allin, Sen, released and sett att libertie 

from their imprisonment, paying their fees. 

Wheras this Coiurt receiued a petition from sundry psons of the towne 
of Scittuate, both of the milletary companie and others, therin expressing 
sundry greiuances relateing vnto some late carriages of Cap? James Cudworth, 
a comission officer of the milletary companie of Scittuate, in reference to 
entertaining of such psons as are comonly called Quakers, by suffering them 
to meet in his house, and others with them, which said Quakers haue ren- 
dered themselues in theire doctrines, speeches, and carriages destructiue to the 
peace of this jurisdiction, the Court, haueing seriously weyed and considered 
the ^mises, together with other concurrent expressions which haue come from 
him, the said Cap? Cudworth, which in theire nature, as wee apprehend, 
tendeth to the desturbance of the peace of this ^sent goQment, doe order as 
foUoweth, vizj : that the said Captaine James Cudworth by the Court is dis- 
charged of his place as cap? of the milletary companie of the towne of Scit- 
tuate ; the said Cap? James Cudworth alsoe desired the same. 

An Order of the Court directed to Leiftenant Torrey and Ensigne "Williams. 

The Court, seeing cause to discharge Cap? James Cudworth of his place 
as captaine of the milletary companie of Scittuate, doe by these ^sents order 
and require you, Leiftenant James Torrey and Ensigne John Williams, to 
dissipline the said companie as occation shall require vntill you shall haue 
further order from the Court ; and that you signify and declare in the head 
of youer companie that they are to obey you in all lawfull milletary coiiiaunds 
as theire milletary comaunders in cheife, and to carry peacably and quietly 
respecting the ^mises. 

The Courts order. 

P me, NATHANIEL! MORTON, Clarke. 



COUKT OKDEKS. 13X 

Wheras Wiliam Bassett, the cunstable of Sandwich, complained that 16 5 7-8. 

hee is opposed in the procuring in of the countrey rates in corn according to "^ ^ ' 

a warrant directed vnto him for that purpose ; these are, therefore, to req^uire pebnoe 
him, the said "Wiliam Bassett forthwith, on receipt heerof, to put the said Gotj=. 
warrant in to speedy execution according to the tenure therof, vizj, to procure 
corn according to the species therin expressed ; and on any one that it con- 
cernes that shall refuse to make paiment, or haue it not, to make destresse on 
such theire goods as wilbee equivolent vnto or will procure corne answarable 
to the tenure therof; and whatsoeuer hee shall doe in the ^mises, prouided 
hee keep to the tenure of the abouesaid warrant, the Court doe heerby engage 
to beare him out therin. 

This is the Courts order. 

P me, NATHANIELL MOETON, Clarke. 

*In answare to a request made by Jobe Hawkins, of Boston, for to enjoy [*127.] 
the lands of Major "Wiliam Holmes att the North Eiuer, iu the township of The said Job 
Marshfeild, the Court haue ordered, that incase the said Hawkins will giue in since giuen in 
sufficient cecuritie to the Court to saue them harmles and cleare of all dam- ^'"^""''^ *°.*'^* 

Court, and is 

mage that may arise by any heire that may come and shew a clearer right to P"* i" posses- 

. . si°" therof. 

the said land, hee may enter vpon possesion therof; and likewise the Court 
haue deputed M' Josias "Winslow, Seni', and Anthony Snow, to repaire ther- 
vnto and to prise the same. 

"Wheras a certaine heifer belonging to "Wiliam Hailstone was attached 
to satisfy vnto the cheife marshall for fees three and twenty shillings, and to 
satisfy and answare the lawe for the said Hailstone his telling of three lyes 
in a petition by him prefered to the Court the sume of thirty shillings ; foras- 
much as it doth appeer that one of the pticulares supposed to bee a lye was 
mistaken, the Court, on consideration of the f mises, haue remited the twenty 
three shillings for the marshalls fees, and ten shillings in reference to the said 
mistake, and doe cleare the heifer from the attachment ; and the said Hail- 
stone remaines fined, for two lyes told by him in the said petition, the sume 
of twenty shillings. 

Conseming "Wiliam Paule, of Taunton. Wheras the Court conceiueth 
that his abideing there wilbee a continued occation of deuission and contention 
amongst the inhabitants therof, they doe therfore order, that, according to a 
former order sent thither, wherin hee is required to depart, that accordingly 
hee soe doe with all convenient speed. 

Conserning Tho Joanes, of Taunton, weauer, the Court doth order, that 
forasmuch as hee is a man of an ill report, and complained of by the moste 



132 PLYMOUTH COLONY RECORDS. 

165 7-8. pte of the inhabitants of Taunton, and not desired by them, that hee forth- 

'^ with depart the said towne. 

Prenoe Concerning Josepth Gray, seruant to M" Gilbert, of Taunton, whoe was 

^°""- somtimes since frozen on his feet, and still is lame therof. These are fi.-om the 

Court to the towne of Taunton, to request them, that wheras there is hopes 

that this spring hee may bee cured, if endeauors bee vsed for that end, that 

they would please to take some course, either into the Bay or elswhere, for 

his cure ; and what expence they shalbee att about the same, in regard that 

his said m'^ is not in a capacitie to defray the charge, incase hur husband doe 

come againe into the countrey, and bee found able, hee shall satisfy the said 

charge ; if not, the Court hopes it will not bee vnrewarded of God. 

Robert Crossman, for attempting to strike Gorge Macey with a fier 
brand, and for violently tht-usting of him out of his house, coming in with 
his leaue, fined fiue shillings. 
[*128.] *M'' Dillingham and M" Dexter, of Sandwich, in answare vnto a complaint 

made to the Court by one Peter, an Indian liueing att Mashpea, that the that 
the horses of sundry of Sandwich haue eaten much of his corne, and wheras 
wee are enformed that youerselues haue seen the damage, and know whose 
horses they are, and as hee conceiueth engaged to him to procure some com- 
petent restitution, these are therfore to desri-e you to require those whose horses 
haue done the dammage to make satisfaction vnto the said Indian ; which 
incase they or any of them shall refuse to doe, you are heerby required to 
returne theire names and the damage as you judge it, that soe the Court may 
take such further course about the same as they shall see reason. 

Concerning the complaint of John Rosse, a Scotsman, seruant to Nathan- 
iell "Warren, that hee had serued with his said master six yeares for nothing, 
the Court pused his couenants with his said master, and ordered him to serue 
one yeare more with his said master, and then to bee free, in regard that his 
said master did giue him a yeare of his time then before the Court. 

A certaine Indian, named Sampson, the son of Mashantampaine, an 
Indian sachem, appeered, being warned soe to doe, to answare for accusing 
M' Prence for selhng powder and shott to the Indians ; and being examined 
about the ^mises, and found to speake lyes about the same, was ordered to 
appeer att the next Generall Court, and those Indians to whome hee soe 
spake, that soe the Coui-t may take further order about the fmises as occation 
shall require. 

M' John Alden and Capt Winslow are appointed by the Court to goe to 
Yarmouth, Barnstable, and Sandvrich, to order sundry publick occations 
amongst them with whome the God is intended to meet, if God pmitt. 



COURT ORDERS. X33 

It is ordered by the Court, that such psons as liue att Namassakeesett, on 165 7-8. 
the lands as -were graunted to the townsmen of Duxburro-w, shall appertaine " ^ ' 

to the towne of Duxburrow. 2 March. 

Pkence, 
The Court alloweth vnto James Walker, towards his paines, charge, and ^ou". 

trouble hee hath been att about Jonathan Briggs, in the controuersye betwixt 

Wiliam Hailstone and the said Briggs, the summe of twenty shillings, con- 

ceiueing that the said Briggs ought to satisfy the said James Walker further 

what is meet in the abouesaid respect, att least to make it vp forty shillings. 

Gowin White, for telling a lye concerning M"^ Tilden, fined ten shillings. 



*Att a Court of Assistants holden att Plymouth the #' of May, 1658. 1658. 



Before Wiliam CoUyare, James Cudworth, 

Timothy Hatherley, Josias Winslow, and 

John Alden, Thomas Southworth, 

Asistants, &6. 

WHERAS Robert Sprout, formerly seruant to Walter Briggs, com- 
plained that his master keeps his indenture from him, wherin his 
master is engaged, att the end of his tearme, to giue him soinwhat in consider- 
ation of his seruice, and that his master gaue him the last yeare of his time, 
which was made appeer in some measure ; wherfore the Court orders, that 
Walter Briggs shall returne the said Robert Sprout his indenture, and that 
the said Sprout may haue his libertie to worke with any other man in Scittu- 
ate vntill June Court next ; the said Robert Sprout haueing put in secm-itie 
to the Court to answare his masters complaint att June Court next, except 
they shall otherwise agree theire difference in the interem. 

Forasmuch as wee haue been informed, both by letters from the GoQ of 
the Massachusetts and otherwise, that a certaine Indian callett Pohkenonpa- 
mitt, whoe is suspected to haue been accesary to the mui'der of som Indians 
belonging to them, hath been and is sheltered and protected by Vssamequin 
and his son, that hee can nott bee brought forth to a legall tryall, — 

This Court haue ordered, that the cheife marshall goe to Rehoboth, and 
take with him Leiftenant Peter Hunt, M' John Browne, and John Allin, and 
in theire defecte or absence such as hee shall desire, and goe to Vssamequin 
and his son, and from the GoG and Court aduise them to deliuer the said 



4 May. 

[*129.] 



134 PLYMOUTH COLONY RECORDS. 

1658. Indian suspected vnto him, that soe hee may come to a legall tryall, alsoe 
' i^~~^ asuring them that if hee bee not guilty hee shall haue noe wronge ; but incase 
rPKENCE ^^^^ shall refuse to deliuer him, the marshall shall then vse his best care and 
GovEENOB.] prudence himselfe to apprehend him and cecure him, and take care that either 
by the cunstable of Eehoboth or some other hee bee conveyed to the Massa- 
chusetts, "wher the charge shalbee repayed them. 

M' Kanelme "Winslow, Anthony Snow, and Timothy Williamson are 
requested and deputed by the Court with all convenient speed to lay out a 
pcell of meddow, being fine acres graunted vnto Gorge Soule according to the 
graunt vpon record. 

M' "Wiliam CoHyare standeth bound vnto the Court in the suine of an 
hundred pound, that incase any dammage shall come to the Court by any 
debts that shalbee demaunded of the estate of M"^ Ralph Partrich within a 
tweluemonth and a day from the date heerof, that then, &<3 ; otherwise this 
engagement to bee of none eflfect. 

Concerning Josepth Gray, seruant to M" Gilbert, of Taunton, the Court 
haue ordered, that a speedy course bee taken for his cure, hee being lame on 
his feet, and that the towne of Taunton shall make a rate to defray the charge 
therof. 



1 June. *^tt the Court of Election holden att Plymouth the first Day of 
t*^^^-] June, jlnno 1658. 

Befoee Thomas Prence, GoQ, Cap? James Cudworth, 

Wiliam Collyare, Captaine Josias Winslow, and 

Timothy Hatherley, Leiftenant Thomas Southworth, 

John Alden, 

Assistants, &d. 



M 



K THOMAS PRENCE was chosen GoQ, and swome, 

M' Wiliam Collyare, 

M'' Timothy Hatherley, onely M' 

Hatherley not sworne, 
M' John Alden, 
Cap? Thomas Willett, 
Cap? Josias Winslow, 
Leiftenant Thomas Southworth, 
M' Wiliam Bradford, and 
M' Thomas Hinckley, 



were chosen Asistants, and 
swome. 



COURT ORDERS, 



135 



M' Thomas Prence and 

Cap? Josias Winslow 

M' John Aldin was chosen Tresnrer, 



were chosen comissioners. 



1658. 

1 June. 

[Pbence, 

Governor.] 



The Names of the Deputies of the seuerall Townes chosen to serue att this 
Coui-t and the seueral Adjournments therof. 



M' John Howland, 
Eoft Finney, 
Nathaneell "Warren, 
Constant Southworth, 
Wiliam Paybody, 
Pot Studson, 
Isacke Chettenden, 
Thomas Tupper, 
James Skiffe, 
M' Wiliam Parker, 
James Walker, 



M"^ Thomas Howes, 
M' Edmond Hawes, 
NathanieU Bacon, 
M' Anthony Eames, 
Anthony Snow, 
M"^ Stephen Paine, 
M' Thomas Cooper, 
Josias Cooke, 
Pichard Higgens, 
John WiUis. 



M'^ Wiliam Bradford and M' Thomas Hinckley were chosen deputies by 
theire townes, but afterwards were chosen to bee Assistants, as abouesaid. 



*The Grand EncLuest. 



[*131.] 



swome. < 



+ Edw Jenkens, 
+ Henery Bourne, (ordered 
to bee forman for this 
Court, the forman be- 
ing absent,) 
Wiliam Merricke, 
Wiliam Berstow, 
M' Alexander Standish, 
M' NathanieU Pish, 
Gorge Bonum, 
Benj amine Nye, 
Abraham Blush, 



swome. ■ 



+ John Doghed, 
Josepth Warren, 
Wiliam Maycomber, 
John Adames, 
Steuen Vinall, + 
James Burstell, absent, 
John Crow,+ 
Wiliam Witherell, 
Tho Liakcolne, 
Richard Bowin, 
Thomas Haward, Juni', 
Zacariah Soule. 



The Cunstables of the seuerall Townes. 

Plymouth, Gyles Eichard, Seni', sworne. 

Duxburrow, John Tracye, sworne. 



136 

1658. 

• — , . 

1 June. 

[Peence, 

governoe.] 



PLYMOUTH COLONY KECORDS. 

f Humphrey Johnson, ") 

Scittuate, •^^,_, > sworne. 

(^ isacke xJucke, J 

Sandwich, Thomas Toby, sworne. 

Taunton, Peter Pitts, swome. 

Yarmouth, M"" Anthony Thacher, swome. 

Barnstable, M' Thomas Allin, sworne. 

r "Wiliam Foard, Seni'', ' 

[ James Doughtey, 

Rehoboth, Philip Walker, sworne. 

Eastham, John Mayo, to bee sworne att home. 

Bridwater, Marke Laythorpe, sworne. 



Marshfeild, 



sworne. 



Plymouth, 



Duxburrbw, 



Scittuate, . 
Sandwich, 
Yarmouth, 

Taunton, 

Marshfeild, 
Barnstable, 
Rehoboth, 

Eastham, 



Survayors of the Highwaies. 

' Steuen Bryant, 
Samuell Ryder, 
Benajah Pratt, 
f Experience Michell, 
( Francis West. 
John Hallett, 
Wiliam Randall. 



r Andi-ew Hallett, 
\ Tho Gage. 

John Cobb, 

Rich Burt. 



( Richard Sparrow, 
" \ Nathaniell Mayo. 



Bridgwater, John Aimes. 

Freemen admitted this Court, and sworne. 



M' Thomas Dexter, Seni^ 
Thorn Lewis, 
James Lewis, 
John Rouse, 
John Adames, 
Abraham Jackson, 



Wiliam Foard, Juni'', 
Morris Truant, 
Wiliam Holmes, 
M' John Browne, 
M' James Browne, 
John Carre, 



Lawrance Willis, 
Thomas Haward, 
John Howland, 


Phillip Walker, 


101 

1658. 


Arther Harris. 


T 

1 June. 

[Prencb, 

Governor.] 


•Freemen admitted this Court, and sworne. 


[*133.] 


Will Clarke, 


Josepth Coleman, Seni', 




James Clarke, 


Walter Briggs, 




Arther Hathewey, 


Humphry Johnson, 




Josepth Dimham, 


Wiliam Berstow, 




Gorge Bonum, 


John Hallott, 




Samuel! Ryder, 


Wiliam Brookes, 




Wiliam Nelson, 


Gilbert Brookes, 




M' Wiliam Witherell, 


Rich Curtis, 




M"" Wiliam Saijeant, 


Wiliam Curtis, 




M-^ John Miller, 


Walter Hatch, 




M' Thomas Kinge, 


John Sutton, 




Eesolued White, 


John Hanmore, 




John Turner, Seni', 


Mathew Gannett, 




John Turner, Jimi', 


Wiliam Merricke, 




Thomas Pincen, 


Samuell Freeman, 




Steuen Vinall, 


Wiliam Witherill, 




John Vinall, 


Peter Pitts, 




Jeremyah Hatch, 


Thomas Linkcolne, 




Eodulphus Elmes, 


Thomas Paine. 




Isacke Bucke, 







Att this Court, Captaine Josias Winslow and Constant Southworth are of this s 

more in 
booke of lawea. 



requested and appointed by the Court, together with the Tresurer, hee and ™"^ "* * ^ 



they to take order with workemen and to cause prouison to bee made reddy 
for the erection of a building to bee joyned to the prson att Plymouth, to bee 
a house of correction ; the same to bee of equall heighth with the said prison, 
and to bee fourteen foot in length, & to bee aded to it, and a chimny to it. 

In regard of the much trouble that Wiliam Bassett, of Sandwich, hath 
bine att the last yeare in the execution of his office as cunstable, and regard 
of his great losse that hee hath lately sustained, the Court doe allowe him the 
suine of fiue pounds. 

Att this Court, Anthony Loe, of Warwicke, appeered to answare for selling 
a pistoll to an Indian att Eastham, haueing bine their the last winter, and was 
found faulty in the said pticulare, and for the same was fined three pounds. 

vol.. III. . 18 



.138 



PLYMOUTH COLONY RECOEDS 



1658. 

1 June, 

Prexce, 

Gou'^ 

And likewise 
not to vse or 
carry any gun 
any more ; and 
incase bee 
found with a 
gunn, it is to 
bee taken from 
him. 



[*133.] 



These since 
aded: M' An- 
thony Thacher, 
Nathaniell Ba- 
con, James 
Walker, LeiP 
Rogers. 



Att this Court, a certaine Indian, named Repent, was summoned, and 
being examined, was found guilty of speaking some words wherin hee inti- 
mated as if would haue shott the GoQ att his returne home, or to the like 
effect, & was centanced to bee whipt, which accordingly was executed. Jon- 
athan Hatch, found faulty in som respect about the aforsaid pticulare, was 
admonished and released. 

Att this Court, Robert Harper, Ralph Allin, Seni'', John Allin, Tho 
Greenfeild, Ed Perry, Richard Kerby, Juni', Wiliam Allin, Tho Vre, "VVillam 
Gifford, Gorge Allin, ecb, Mathew Allin, Daniell Wing, John Jenkens, at>, and 
George Webb, all of Sandwich, being summoned, appeered to giue a reason 
for theire refusing to take the oath of fidelitie to this goiiment and vnto the 
state of England, which againe being tendered them iii oppen Court, they 
refused, saying they held it vnlawfuU to take any oath att all. John Newland 
was likewise summoned, and Thomas Johnson, but being lame, appeered not. 
Gorge Webb engaged to depart the goQment in a short time ; the other 
liable to pay the fine in that case amerced. 

*Att this Court, a counsell of warr was chosen, whose names are as fol- 
loweth : — 

M"^ Thomas Prence, Presedent. 
M' Wiliam Collyare, M"^ Wiliam Bradford, 

M' Timothy Hatherley, M' Thomas Hinckley, 

M'^ John Aldin, M"" Thomas Howes, 

Cap? Thomas Willett, M' Stephen Paine, and 

Capt Josias Winslow, Constant Southworth. 

Leiftenant Thomas Southworth, 



Of this see These eleuen, or any fine of them, being orderly called together, theire 

bookeofiawes ^'^^^ *'° ^®® accounted in force, and they to bee continued in theire places vntill 
others bee chosen. 

Liberty is graunted to the milletary companies of Plymouth, Duxburrow, 
Scittuate, and Marshfeild, or to any three of them, or vnto any two or three 
of any of the other milletary companies within this goQment, that if they 
please they may meet together to haue a milletary exersice, and such a meet- 
ing to bee accounted for three dales of theire ordinary training. 

Ordered by the Court, that the milletary companie of the towne of Sand- 
wich shall forbeare to traine vntill the next meeting of the counsell of warr. 

Gorge Soule, Constant Southworth, and Phillip Delanoe are appointed 
by the Court to sett the range betwixt M'^ Bournes and Anthony Snowes lands 
att Marshfeild, to run the line on the same point of the compase that M' 



1 June. 
Peence, 



COURT ORDERS. ]39 

Bournes range now nines to the South Riuer ; and what they aformencioned 1658. 
appointed shall doe therein shall stand feirme for the future. 

M' Hinckley and Nathaniell Bacon are requested and appointed by the 
Court to take order with iSi' Allin att Barnstable concerning entertainment Gou". 
of the GoQ in his journeyes to Courts & homewards, &3, as occation shall 
require. 

In consideration of the trouble and expence that Constant Southworth 
hath bine att in prouiding for the majestrates table more then hetherto hath 
bine considered by the Court, this ^sent Court doth allow fui-ther vnto him the 
suine of three pounds. 

On the complaint of Eobert Studson, for want of a convenient way from 
his house to the meeting, this Court doth request and appoint M"^ Hatherley 
and Capt Cudworth, with any other whom they shall choose, to lay out a foot 
way from the vper meeting house att the North Bluer att Scittuate, vp the 
said riuer, to the house of Robert Studson, soe as may bee most convenient 
& least prejudiciall to any. 

*Wheras M"^ Arther Howland ^sented a writing vnto the Court held the [*134.] 
2cond Q-f ]^j[arch last past before the date heerof, which said writing is found 
full of factiouse, seditious, and slanderouse passages, tending to the desturb- 
ance of the peace of this goQment, wherof the said Arther Howland hath bine 
convict in open Court, — the said Arther Howland, att this Court, acknowl- 
idging that hee hath done euill in sundry pticulares expressed in the said 
writing, and desired the Court to passe them by, and engageing in the strength 
of God for the future not to offend in like manor any more, the Court, con- 
sidering his age and infeirmities in that respect, and in hopes y' this ^sent 
admonition may bee a meanes of preuensyon of such further euill in him, they 
haue for f sent pased it by, with this prouiso, that if hee shall offend in like 
manor any more, this his great offence will come into remembrance to agment 
the punishment. 

Att this Court, Humphrey Norton and John Bouse, two of those called 
Quakers, appeered, and ^sented themselues in the towne of Plymouth on the 
first of June, 1658, contrary to a law enacted prohibiting any such to come 
into the coUonie, and were apprehended and coinitted to ward vntill Thurs- 
day, the third of June, 1658, att which time they were ;psented before the 
Court and examined, and behaued themselues, in speciall Humphry Norton, 
turbulently, and said vnto the GoQ sundry times, " Thow lyest ; " and said vnto 
him, " Thomas, thow art a mallicious man ; " in like manor the said John Rouse 
behaued himselfe in his words vnto the Court vnworthyly ; and soe were 



140 PLYMOUTH COLONY RECORDS. 

1658. returned vnto the place whence they came vntill Saterday, the fift of June, att 
' which time the said Norton and Rouse were againe sent for vnto the Court ; 

1 June. 

Fkence ^** which Court wheras formerly Christopher Winter had deposed to a paper 
Gou". containing sundry notoriouse errors expressed by the said Norton, and by him 
desired to bee enquired into, a coppy of the said paper was deliuered vnto 
him in the Court, and hee was demaunded by the said Winter whether hee 
would deney any of those pticulares therin contained ; and liberty was giuen 
by the Court, that incase hee, the said Norton, would, both hee and the said 
Winter might returne to the prison, with three or foure men with them, to 
see and take knowlidg wherin they differed ; and accordingly this was done, 
and a returne made of very little difference betwixt what Winter affeirmed 
and the said Norton owned. 

Morouer, att the same time, the said Norton againe carryed very turbu- 
lently, saying to the GoQ, " Thy clamorouse toungue I regard noe more then 
the dust vnder my feet ; and thou art like a scoulding woman ; and thow 
pratest and deridest mee," or to the like effect, with other words of like 
nature, and tendered a writing, desirouse to read it in the Court ; to the which 
the GoQ replyed, that if the paper were directed to him, hee would see it 
before it should bee openly read ; the said Norton refused to deliuer the said 
paper to the Gofl, and soe it was prohibited to bee read. 

Att the same time, the said Humphrey Norton and John Rouse were 
required seuerally, that as they professed themselues to bee subjects to the 
state of England, that they would take an oath of- fidellitie to bee true to that 
state ; which they refused to doe, saying they would take noe oath att all. 
In fine, the said Humphi-ey Norton and John Rouse were centanced, accord- 
ing to the law, to bee whiped; the which the same day accordingly was 
pformed ; and the vnder marshall requiring his fees, they refuseing to pay 
them, they were againe retui'ned to bee in dui-ance vntill they would pay the 
same; where they remained vntill the tenth of June, 1658, and so made 
composition in sofii way with the said marshall, and soe went away. 
[*135.] *In regard of the more then ordinary occation that frequently falls out in 

the towne of Sandwich, soe as theire cunstable is not able alone to discharge 
and pforme all such thinges there which respect his office by reason of many 
desturbant psons there residing, — 

It is enacted by this Coui-t, that there shalbee a marshall chosen in the 
towne of Sandwich for to doe such seruises as shalbe required of him by the 
goilment ; in the townes of Sandwich, Barnstable, and Yarmouth as followeth : 
hee shall assist the head marshall as need shall require, and alsoe to execute 



COURT ORDERS. 



141 



1 June. 
Prence, 



all such warrants as shalbee issued out by the Goil or any of the Assistants 1658 
from time to time ; and incase the head marshal! shall make any destresse *~ — ^ 
according to order, and the pty on whom the destresse is made will not joyne 
with the head marshall in making choise of some to prise the thinges seized Gou». 
on, then this marshall shall joyne with the head marshall in vallueing and 
prising of the thinges soe destressed for countrey vse. 

And incase the warrant dii-ected to this marshall of Sandwich for the 
gathering in of fines, and is driuen to make destresse, then hee shall haue 
power to make choise of one with him ; and if the pty refuse to prise the said 
goods soe seized on for the countreyes vse, and to haue two shillings in the 
pound for gathering of them in ; further, hee shall haue full power to acte as 
a cunstable in all thinges in the towne of Sandwich, according to such war- 
rants as shalbee directed vnto him. 

The oath of the marshall of Sandwich, Barnstable, and Yarmouth is as 
foUoweth : — 

You shall faithfully serue in the office of a marshall for the townes of 
Sandwich, Barnstable, and Yarmouth for this g>sent yeare ; you shall faithfully 
execute all such warrants as shalbee by the God and any of the Assistants att 
any time directed to you ; you shalbee assistant to the head marshall in gath- 
ering of fines and leuing of executions in the townes before mencioned ; you 
shall reddily joyne with the said vper marshall, according to youer best 
vnderstanding, to valine and apprise for the countrey any such fine or fines, 
sume or suraes, as hee shalbee ordered to gather, leuy, or distraine, in any of 
the places aforsaid ; you shall alsoe faithfully gather, leuy, distraine, and 
receiue all such fines as by warrant to youer selfe directed you shalbee 
required, not exceeding for such seruice youer allowed fees ; and in the towne 
of Sandwich you shall in all thinges acte as a cunstable, by apprehending fel- 
lons or other suspisious psons, keeping of the peace, serueing of warrants, or 
any other publicke seruice that of the said cunstable may bee required. 

The Court haue appointed Gorge Barlow vnto the said office for the 
following yeare. 

*Att this Court, liberty is graunted vnto M"' Josias Winslow, Seni"", to [*136.] 
looke out a place to supply him with twenty fine acres of land, bought by 
him of Wiliam Fipps, deceased, according to order of Court extant; and 
when hee hath found out such a place, hee is to acquaint two of the majes- 
trates with it ; and if it bee found conuenient, it shalbee confeirmed to him. 



142 PLYMOUTH COLONY EECORDS. 

1658. A portion of land is graunted by the Court vnto M"^' Jolin Done, Josias 

'' "^ Cooke, Richard Higgens, and Richard Sparrow, lying betwixt Bridgwater and 

Pbencb Waymouth, which was formerly mencioned by Capt Cudworth and others ; 

GoTjK. t]]^e said M' Done and the rest to haue considerable proportions of the said 

land, answarable to others in like case ; and for the remainder, that John 

Smally and others bee supplyed out of it, bearing theire pte in the charge. 

Wheras Leiftenant Josepth Rogers had liberty graunted him by the Court 
to make choise of some smale pcells of meddow grounds that were free from 
any engagement, the said Leiftenant Rogers, with the approbation of M"" 
Prence, GoQ, hath purchased of the Potonumaquatt Indians, namly, vizj, 
Pompmo, the right propriator of those lands, as alsoe of Francis, the sachem 
to whom the said Pompmo gaue a portion of meddow att Potonumaquatt, two 
small portions of meddow, one called Aquaquesett, being about fine acres, 
more or lesse, and another smale pcell att a place called Mattahquesett, being 
about an acre and an halfe, more or lesse ; the sale of both which pcells were 
acknowlidged before the Gofi, with due satisfaction receiued. 

Such as were appointed by the Court to bee ouerseers of the children and 
estate of M"^ Allexander Winchester, deceased, — vizj, Richard Bowin, Leif- 
tenant Peter Hunt, and John AUin, of Rehoboth, — haue appointed vnto M'' 
Nicolas Pecke a home lott of land, being twelue acres, more or lesse, in the 
towne of Rehoboth, with an house and barne theron, and all and singulare 
the appurtenance belonging vnto the said ^mises, as his pte or portion of 
land, with his wife, named Mary, the eldest daughter of the said M"^ Win- 
chester ; and, according to the order of the said Richard Bowin, Peter Hunt, 
and John Allin, it is heer entered. 

This is to certify all whom it may concerne, that all that was required 
vpon the arbetration betwixt James Walker and Wiliam Hailstone is pformed 
by the said James Walker. 

M' Paddy and M"^ John Winslow are requested and appointed by the 
Coru-t, to joyne with our comissioners att Boston to giue meeting to those 
that shalbee sent from- Road Hand, to deside the controuercy about Hogg 
Hand. 
[*137.] *Leiftenant Southworth, John Dunham, Seni"", Robert Finney, John 

Barnes, and Thomas Pope are requested and appointed by the Court to sett 
the range betwixt Nathaneell Warren and Robert Bartlett on the lands they 
now hue on, and they to begine the range where it was att the first as neare 
as may bee ; and wher any land is impaired by the sea, that not to hinder the 
range ; and what these find, or any three of them agree on, to stand. 



COUKT ORDEES. I43 

Order by the Coui-t, that the center of the towne of Bridgwater shalbee 16 58. 

sett some time this summer before October Court. ~~"~~i ' 

It is agreed on by the Court, that there shalbee chosen such as the ^ "^'■"^' 

Prence, 

towne of Bridgwater shall thinke meet, that are noe way engaged in the New Gou". 
Plantation of DuxbiuTow, to view out the land and meddow desired by Bridg- 
water, and to consider of the resonablenes of theire desire in reference to 
the accoinodateing of some vsefuU men that may bee vsefull in church and 
coiiionwealth, and make true report of the same as things are to the Court. 

Jonathan Aldin approued by the Coui-t to bee ensigne bearer of the mil- 
letary company of Duxburrow. 

Wheras Susana Latham hath stood f>sented vnto this Court for sundry Att the Court 
yeares for crewelty toward John Walker, seruant to Robert Latham, these are outh the fift'oi 
to signify, that accordingly as it was manifested in the Court, that if any will October, I60S, 

proclaimation 

come in, they shall haue full and free libertie to procequte against her att the was made three 
next October Court, or otherwise that then the said p>sentment shalbee raced c™rt™hat'if 
out of the Coui-t records. '^'^y ■»"0"id P''"- 

cecute against 

Ordered by the Coru-t, that whether the majestrates send for grand jury- Susanna La- 
men from Sandwich, or they bee sent by the towne, or come willingly, yett to™is oTder,"^ 
notwithstanding they shalbee allowed two shillings and six pence a day, t'^'^y ''^""''^ 

° •' _ ° ^ -"bee heard ; but 

according to the former order about it. none appecr..d 

And it is left to the other townes of this goQment to agree with theire according to 
owne grand iurymen, as in speciall Eehoboth and Eastham. ^^^^ °^^''^' '"'''' 

" ■> •> ' r psentment -ivas 

Ordered by the Court, that the clarke shall forthwith supply with all rased out of the 

11 Ti «,...-,.. -iiin /• records of the 

convenient speed the seuerall townes 01 this jurisdiction with the booke 01 court. 
the lawes therof, the townes to find bookes, and hee to write them as aforsaid ; This was not 
and in case hee doe speedily doe it, hee is to haue ten shilling of each towne * j j v, 
more then his ordinary wages ; and if any towne shall refuse, to find a booke, the booke of 

lawes was not 

the clarke engageth to procure paper out of the said ten shillinges to make fully revised by 

T , . the Court at 

them a book. this Court. 

The Court doe declare, concerning Leiftenant Ryder, that forasmuch as -^"' ^™'"^' "" 

, _ .. "»^ Court held 

such difierences as were betwixt him and others (which were the cause that the 2'™=! of Oc- 
the Court required him to forbeare acting in his place) are ended, that hee is ,^^5 renewed 
approued of as the leiftenant of the milletary companie of Yarmouth, and to ^'^™"'<''"g '° 

■^■^ J 1. the tearmes 

acte in his place as formerly. aboue speci- 

fyed. 

*An agreement made the 15"" of May, 1658, in the ]p>sence and with the [*138.] 
healp of M' John Alden and Cap? Josias Winslow, appointed therunto by the 
Court, touching a difference between the inhabitants of Barnstable and Paup- 
munnucke with the other Indians, his associates, about certaine land pur- 



1 June. 
Pkence, 



144 PLYMOUTH COLONY RECORDS. 

1658. chased of the said Indians in former contracts, bearing date the IT"* of May, 
1648, and the first of February, (48,) vizj, that the said Panpmunnucke, 
Moash, Waumpum, and the rest of theire associates, haue fully and absolutely 
Gou". resigned vp all the right, title, and claime which any or all of them haue or 
can make for themselues, or any others of theire associates, in all and euery 
pte of those lands expressed in any of the aforsaid contracts, excepting the 
thirty acres excepted in the former contract, bearing date the 17*'^ of May, 
(48,) lying att a necke called Cotochesett, and all the lands lying to the west- 
ward of Satuite Riuer, and the westward of a north west line ruiiing from 
the easterly side of the next planting feild to Coituite Pond, lying on the 
easterly side of the said riuer, vnto the bounds betwixt Sandwich and Barnsta- 
ble, vnto the said inhabitants of Barnstable, vnto theire proper vse and 
behoofe foreuer against any claimes by them or any other Indians whatsoeuer ; 
alsoe, it is further agreed, that it shalbee free either for Indians or English to 
fetch such alewiues for theire vse as they shall take in the said riuer. The 
said Paupmunnucke and his associates doe alsoe heerby acknowlidg themselues 
fully paied and quetly satisfyed and contented for euer without any further 
trouble, binding of themselues to keep the former conditions about theire 
setting trapps, with all the ^mises aforsaid. In witnesse wherof they haue 
heervnto sett theire hands. 

The markes of PAUPMUNUCKE, 

MOASH, 

WAVMPUM, 

CHARLES is my name, (an Indian.) 
Witnesse. 

John Alden, 

Josias Winslow. 

A true coppy taken out of the towne booke, p mee, 

THOMAS HINCKLEY, Scriba. 

The 21^ of May, 1658. The line between vs and the Indians aforsaid 
was accordingly sett at the east side of the aforsaid feild, onely makeing a 
sett to a bound marked tree, leaueing the skirts of good land lying about the 
said Coituite, allies Soituite, Pond, to the Indians, according to their desire, 
Richard Bourne, of Sandwich, being theire ^sent, according to the desire of 
M' John Aldin and Cap? Josias Winslow. 
This 25 of May, (58.) 

Pmee, THOMAS HINCKLEY, 

Scriba Barnstabie; 




1 June. 

PRENCE, 



COURT ORDERS. 

In answaxe to a petition prefered to the Court by the men of Eeboboth, 
requesting soffi inlargment of lands and meddowes on the north side of theire 
towne of such lands and meddowes as are not yett disposed of, the Court 
graunts that they may improue such said lands and meddow for the g>sent ; G<"'*' 
and if the Court shall haue occation to dispose therof, they will not soe doe 
vntUl they haue further notice from the petitioners. 

*May, Aiio Dom 1658. [*139.] 

Wittnesseth these f sents, that Janno hath, the day and yeare aboue 

written, for and in consideration of six coates, six paire of smale breeches, ten 

howes, ten hatchetts, 2 brasse kettles, the one of six spans and the other of 

seauen of Joannes aforsaids spans, and one iron kettle of six spanes, to bee 

paied to him, Joanna, or his assignes, the one halfe moyetie by the first of 

August next ensueing the date heerof, and the other halfe moyety by the 

midle of May which shalbee in the yeare of our Lord 1659, bargained, sold, 

and confeirmed vnto M' John Alden and M' Josias Winslow, in the behalfe 

of the townesmen of Yarmouth, all that tract and tracts of land, both vpland 

and meddowes, lying and being between the Basse Pond Riuer and a riuer 

called by an Indian name Tamahappaseeakon, by the English the Fresh Riuer, 

and soe alonge that riuer to a great swamp att the head therof, and from the 

westermost end of the said swampe on a straight line throw the land vnto 

Stoney Coue Riuer, with all the profitts, fquesites, and appurtenances thervnto 

or to any pte or pcell therof in. any wise belonging, to haue and to hold the 

said tracts of land to the towne of Yarmouth for euer, and to defend and saue 

harmles from time to time the said townsmen of Yarmouth, and euery of 

them, of and firom all titles, claimes, and molestations which shalbee made by 

any Indian or Indians to the said tract of land, or any pte or pcell of the 

same, att any time heerafter. In witnes wherof the said Joanno heervnto 

hath his marke. 

The marke + of the said JOANNO. 

In the ^sence of 

Thomas Dexter, 

The marke of, | f , Josias, an Indian, 

The marke of Nick, ^^j an Indian. 

June the fift, 1658. Liberty was graunted by the Court vnto Phenias 5 June. 
Prat, or any for him, to looke out a pcell or tract of land to accomodate him 
and his po^steritie withall, together with other freemen, or alone, as hee shall 

VOL. HI. 19 



146 PLYMOUTH COLONY RECORDS. 

1658. thinke meet, and to make reporte of the same vnto the Court, that soe a con- 
\ ^ siderable proportion therof may bee confeirmed vnto him. 

June. 
Prenoe, 

*A Writins; appointed to bee recorded. 
[*140.] 

Wheras there hath been some vnhappy differences between the towne of 
Yarmouth and theire comitties concerning some lands which they apprehend- 
ed were formerly purchased of Jana, but through som neglect of theires in not 
paying of the Indian for the said lands, haue bine of late deneyed by him to 
bee sould, and the possessors moUested. M'^ John Alden and Cap? Josias 
Winslow being ordered by the Court to heare, and if it might bee, determine 
such differences as were either between the English before mencioned or 
between the comittees and the Indian, the towne of Yarmouth haueing made 
choise of M"^ Edraond Hawes, Robert Denis, Ed Sturgis, and Thomas Board- 
man, and impowered them to manage and issue theire aforsaid differences, there 
being propositions made on both sides tending to a composure, yett they not 
fully closing in theire propositions, but refering it by mutuall agreement to the 
abouesaid M"^ John Alden and Captains Josias Winslow as vmpiers, to deter- 
mine between them about the ^mises. 

Wee, the abouesaid John Alden and Josias Winslow, doe determine as 
foUoweth, vizj : that the charge of the purchase, as now agreed vpon between 
vs and Jana, shalbee equally bourne betwixt the said coinittees and the towne ; 
and further, that the other six pounds, which is charges that the towne haue 
bine att about this busines, shalbee foure pounds of it bourne by the towne, 
and by M"^ Anthony Thacher, and M"" Howes, twenty shillinges a peece, and 
of this latter six pounds old M"^ Crow to bee excused ; and that this bee a 
finall end of all differences about the ^mises. 

May the 14^ 1658. 

JOHN ALDEN, 

JOSIAS WINSLOW. 

The 15'" of March, 1657. 

Wee, whose names are vnderwritten, being appointed to view the corpes 
of Simon Dauis, late deceased, being a child about 2 yeares old, the son of 
Nicholas Dauis, of Barnstable, declare, according to our best vnderstanding, 
how hee came by his death, doe find as followeth : that the corpes was taken 
out of the water in the creeke dead ; wee find alsoe that the necke of the said 
Simon Dauis was misplaced, but wee can not find that there was any violence 



COURT ORDEKS. 



147 



offered to him that might bee the cause of his death; it being the IS"" day 1658 
of Febrewary when the corpes was taken vp. 



HENERY COBB, 
JOHN SMITH, 
ISACKE ROBINSON, 
MATHEW FULLER, 
TRUSTRUM HULL, 
JAMES HAMBLEN, 
DAUID LYNNALL, 
JOHN i CARSLEY, Hs marke. 
ISACKE i WELLS, his marke. 
ANTHONY ANNABLE, 
NATHANIELL BACON, 
JOSEPTH LAYTHORPE. 



— Y — 

6 June. 

Pbenoe, 

Gou". 



*^tt the Court of Assistants held att Plymouth the fourth of August, * August. 

1658. [*141-] 

Befor Wiliam CoUyare, Leifitenant Thomas Southworth, and 

Capt Josias Winslow, Ensigne "Wiliam Bradford, 

Asistants, &(3. 

VPON the complaint of Gorge Bonum against Josepth Ramsden, for non 
paiment of a barrell of tarr due to him from the said Ramsden, hee, 
the said Ramsden, afeirming that hee had paied the said barrell of tarr to 
Gyles Rickard, Seni'', for the vse of the said Bonum, w'' hee could not proue, 
the Court ordered, that with all convenient speed hee should pay a barrell 
of tarr to the said Gorge Bonum. 

The Court haue ordered, that the Tresurer shall require the fines due 
for the breach of the law prohibiting the frequenting of the Quakers meetings, 
according to a list of names giuen in by Gorge Barlow, the marshall of Sand- 
wich, of sundry there which haue transgressed the said order, vizj, that the 
said fines bee leuied according to what is dew for the trespas once comited, 
and that the fine of forty shillings bee required of Wiliam Alhn, of Sand- 
wich, for pmiting a Quakers meeting in his house, contrary to the order of 
Court. 



148 



PLYMOUTH COLONY KEC0KD3. 



1658. 

4 August. 

Pkenoe, 

Gou". 



M' Josias WinsloWj Seni% 
M'' John Bradford, 
M"^ Samuell Ai-nold, 
Thomas Doghead, 
John Russell, 
John Adams, 



Timothy Williamson, 
Abraham Jackson, 
Samuell Baker, 
Anthony Snow, 
Josepth Rose, 
John Caruer, 



being impannelled and sworne to site ypon the corpes of John Phillipes, 
Juni', whoe very suddenly expired on Satterday, the last of July, 1658, — 

Wee find, that this ^sent day, John Phillips, Juni"^, came into his dwell- 
ing, lately knowne or called M' Buckleyes house, in good health, as Goodwife 
Williamson afeirmeth, and satt vpon a stoole by the chimney, and by an 
iinediate hand of God, manifested in thunder and lightening, the said John 
Phillipes came by his death. 

Att the Court aboue expressed. Cap? Richard Morris complained of 
som injuries, both by speeches and carriages, offered vnto him by som Indians 
bordering vpon Rood Hand, within the lymetts of this goQment. One of the 
said Indians, being now att y^ Court on other occations, was by the Couat 
to carry soe noe more ; but incase any materiall differences should arise 
betwixt the said Morris and them theire, that they should repaire to the 
Court, and make their complaint, and shalbee heard. 

These are to signify vnto all whom it may concern, that John Ensigne, 
the son of Thomas Ensigne, hath chosen Captaine James Cudworth to bee his 
guardian vntill hee come to bee age. 



29 September. *Att the 2'""^ Scssion of the Court held att Plymouth the 29'^ of 
[*142.] September, 1658. 

By the Majestrates and Deputies assembled. 

A N order dii-ected to M' Josepth Tilden, as foUoweth : — 

M' Tilden : You may please to take notice, that the Court, haueing 
considered youer request to our honered GoQ for a further hearing, doe graunt 
you libertie to haue a review of the trauerse of youer g>sentment, you bearing 
the charge of the Court, and shalbee glad if you can cleare youerselfe. The 
time appointed to attend the same shalbee on the sixt day of the same weeke 
wherin March Court next shalbee kept, if you manifest youer acceptance 



COURT ORDERS. 149 

therof to this next October Comt, that soe oppertunitie may bee had to giue 165 8. 
notice to those that haue heertofore had cause to make plea against you to ''■ ' 

29 September. 

appeer theratt. „ 

Pmee, NATHANIELL MORTON, go^"-' 

Clarke of the Court. 

Wheras, in answare to a petition prefered by M"^ Josepth Tilden, the 
Court haue graunted ynto the said Josepth Tilden a review of the trauerse 
of his Jpisentment, to bee tryed on the sixt day of the weeke in the which the 
next March Court wilbee. The Court haue appointed Humphrey Johnson 
and Gilbert Brookes as attorneys in the behalfe of the Court to appeer in the 
case, and to haue recourse, as occation shall require, to any majestrate for 
supenaes to giue euidence in the case. 

The Court giueth libertie vnto John Irish, of Duxburrow, to make 
enquiry and serch out a portion of land to accomodate him according to his 
indenture, and Constant Southworth hath engaged to healp him therin ; and 
the like is graunted by the Court to any other in like condition that are able 
to claime the like libertie by the like right as the said Irish hath done. 

M' CoUyare, M' Alden, and Constant Southworth are requested and 
appointed by the Court to take some speedy course to reduce Goodwife 
Thomas, a Welch woman, liueing att the North Riuer, to Hue more orderly, 
soe as shee bee not for the future indangered to come to missery and extrem- 
ity, as formerly shee hath bine. 

Likewise, the deputies of each towne were requested to enquii-e in theire 
respectiue townes concerning such psons, and to make report to the Court 
of such, if any shalbee found. 

The Court, by joynt consent, agreed that a cheife milletary officer should 
bee chosen, whoe shall bee stUed a major, the tenor of whose office is 
expressed more att large three pages forward in this booke ; and the Court 
alowed vnto such a one as should bee chosen the sume of ten pound as a 
small gratuitie. 

It was ordered by the Court, that the railing papers sent to the GoQ, to Of this see 
M' Alden, from Humphrey Norton, together with Winters deposition & Nor- ^^^^ ^^ ^^:^_ 
tons reply, should bee put on publicke records ; and that due course bee ^^'^"'^ °^ imis, 

^ ■' recorded att 

forthwith taken to apprehend the body of the said Norton, that soe hee may the latter end. 
bee brought to condign punishment, according to his demerits. 



160 



PLYMOUTH COLONY KECORDS. 



1658. *M the Generall Court holden att Plymouth the 2""^ of October, 



Thomas Southworth, 
Wiliam Bradford, and 
Thomas Hinckleyj 



2 October. 


1658. 


Pbencb, 
Gou*. 


Befoke Thomas Prence, GoQ, 


[*143.] 


Wiliam CoUyare, 




John Alden, 




Josias "Winslow, 




Assistants, &6. 



LEIFTENANT MATHEW FULLER, being psented for speaking 
reproachfully of the Court, and saying the law enacted about minnes- 
ters maintainance was a wicked and a diuillish law, and that the diuell satt 
att the Sterne when it was enacted, the words being proued, hee refering him- 
selfe to the Bench, they sensure to bee fined fifty shillings. 

M' "Wiliam Hedge being fsented for threatening to haue the bloud of 
Edward Sturgis, vpon some smale diiference betwixt them, the Court doe 
censure him to pay to the countries vse the suine of ten shillinges. 

Leiftenant James Wiatt to bee sharply reproued for his writing a note 
about comon business on the Lords day, att least in the euening somewhat to 
scone. 

Tho Lucas being ^sented for being taken in drinke, it being the 2°°°* 
time hee hath bine convict of this crime, hee is, according to the order of 
Court, fined ten shillings, and for his retailing of strong liquors, himselfe con- 
fessing it, hee is fined fiue shillinges to the countreyes vse. 

Lydia, the wife of Henery Tayler, being ^sented for retailing and selling 
stronge waters to an Indian, shee confessing the same, is fined to the coun- 
treyes vse fiue shillings. 

"Wiliam Newland, for neglecting to bring his daughters to the Court, 
according to a warrant directed to him for that end, fined twenty shillings. 

The proportions of the rates of the seuerall townships for this yeare were, 
vizj, for the charge of the majestrates table and of the comissioners and pub- 



wages, as lolloweth : — 




Plymouth, 


. . . 06 : 13 : 06 


Duxburrow, 


. . . 06:00: 9 


Scittuate, 


. . . 10:16: 6 


Sandwich, 


. . . . 07 : 17 : 00 


Taunton, 


. . . 06:02:00 


Yarmouth, 


. . . 06:00:09 



COURT ORDERS. 

Barnstable, 06 : 13 : 06 

Marshfeild, 06 : 00 : 06 

^ , , , 2 October. 

Rehoboth, 10:16:06 p^,^,,,_ 

Eastham, 04 : 07 : ^S"""- 




71:08:08 



Bridgwater to ease Duxburrow rate a third pte. 

*Nathaniell Bacon appointed by the Court to reserue the smale estate of [* 144.1 
Hugh Jackson, and to bee responsable to giue account therof when any true 
propriator shall lay claime thervnto. 

The Court haueing taken into theire seriouse consideration some signes 
of Gods despleasure, manifested by his afflicting hand on the country, ptely 
by his visetation of many families and psons with sicknes and weaknes, and 
ptely by the vnseasonablenes of the weather for the inng the fruites of the 
earth for our owne food and stouer for our cattle, as alsoe by leting loose as a 
scourge vpon vs those freeting gangreinlike doctrines and psons commonly 
called Quakers, and not hetherto soe effectually blessing our indeauors as wee 
haue desired for preuenting theire infection and desturbance, as alsoe by the 
two much preuailing of a sperit of deuision and disvnion both in church and 
ciuell affaires, to the great dishonor of God and discomfort one of another, 
and therfore doe desire a generall day of humiliation may bee kept by the 
churches and inhabitants of this jurisdiction, as conceiueing that by the fmises 
God doth aloude call vs to see what it is hee therby speakes to vs, and to 
humble our soules before him, seeking his face, &(3. The day pitched vpon 
for the aforsaid duty is the 21 of this ^sent October, 1658. 

The Court haue appointed and deputed James Skiffe to exercise the 
milletaiy companie of Sandwich in theire armes att such times as they shall 
haue occation to traine, although not as an officer, but to supply in the stead 
of one to exercise them in armes as aforsaid vntill other healp can bee 
procured. 

The countryes stocke of powder and shott is as foUoweth, vizj : six bar- 
rells of powder, and two barrells and an halfe of shott, and a cake of lead ; 
which said powder, shott, & lead was not deuided, but desposed to seuerall 
ptes of this jurisdiction, for the more safety of it and conveniencye for the vse 
of the countrey, as occation shall require. by the joint 

1 .•y»i/-^n Til consent of the 

n, one barrell of powder desposed to the custitie oi the Gou att i^astham, majestrates 
and the halfe barrell of shott. ^j^^ att'' the'"' 

K, to M' AUin, att Barnstable, one barrell of powder and a barrell of 2"»'' session of 

June Court, 
shott. 1638. 



152 PLYMOUTH COLONY EECORDS. 

1658. K, two barrells of powder Tnto Major "Winslow att Maxshfeild, and a 

^ barrell of shott. 

2 October. ^ _, . 

Prence ^ ' *° Cap? Willett, att Plymouth, one barrell of powder and the one 

Gou*. halfe of the cake of lead. 
bytheioynt -'■*» to James Walker, att Taunton, one barrell of powder and the other 

concent of the J^^^fg ^f jj^g ^^].g ^f ^^^^^ 

majestrates 

and the depu- M"^ Timothy Hatherley is appointed and deputed by the Court to admin- 

ties att the 2"«<i . • 1 n • 

session of June ester mamage att ocittuate as occation shall requu-e. 

Court, 1658. 

[*145.] *The councell of warr, being asembled, doe heerby constitute, impower, 

and coinissionate you, our trusty and wee beloued frind, Captaine Josias Wins- 
low, to bee as cheife officer ouer the mil- 
letary companies of this jurisdiction, bear- 
The counter \ ^^„ (.j^g j-j^^e of a niaior, and to act therin 

paine of the \ ° •' 

Scale of the I as is prouided by order of Court ane'xed 

Gou'ment. / (v t i • 

to youer omce, according to such instruc- 
tions as you haue, or shall from time to 
THO: PEENCE, President, time receiue, from the councell of warr. 
With the concent of the rest of ^^ psuance wherof all captaines, inferior 
the Councell of Warr. oSlcbts, and souldiers are heerby required 

to bee in redy subjection to you during 
youer continuance in the said office, which shalbee vntill the counsell of warr 
shall see cause otherwise to order. 

Giuen vnder our hand and seals. 

Instructions for the Major. 

1. You shall take into youer comaund the seuerall milletary companies, 
both horse and foot, of this jurisdiction, and take care that they bee orderly 
trained vp in the vse of armes. 

2. You shall take care that armes bee fix and seruiceable. 

3. You shall carfuUy appoint such watches and gaui-ds as may bee need- 
full for the saftey or honer of the goQment. 

4. You shall yearly appoint generall musters, or meetings of such com- 
panies as can with any conveniency meet together, and, with the aduise of 
youer councell, order the same. 

5. Incase of any sudden and vnexpected approach of an enimie, or 
insurraction within ourselues, you shall indeauor to put these companies into 
such a posture of defence as youer selfe and such of youer conncill of warr 
shall giue you instructions therabouts. 



COURT OKDEES. 153 

6. You stalbee redy att all times to obserue and execute such further 1658. 
instructions, either respecting discipline or reall seruice, as shall firom time to ^^ ^^ ' 
time by the counsell of warr bee directed to you. p 

7. You shall on all occations bee redy to aduise with such as the coun- Gou". 
cell of warr shall appoint to bee of youer councell ; and they haue for the ipsent 
chosen these heerafter nominated, viisj : Cap? Tho "Willet, Leifte Tho South- 
worth, Ensigne Wiliam Bradford, M' Constant Southworth, Leif? Samuell 

Nash, Leift James Torrey, Ensigne John Williams, Capt Wiliam Poole, M''Tho 
Hinckley, Leift Mathew Fuller, Leift Samuell Rider, Ensigne Wiliam Hedge, 
Leif? Peregrine White, Ensigne Marke Eames, Leift Peter Hunt, Ensigne 
John Browne, Leif? Josepth Rogers, Ensigne John Freeman, Ensigne Josias 
Standish, and doe allow that these, or any six or more of them, with your- 
selfe, shall acte as a councell. 

*Wheras the Gou', M"^ Tho Prence, with some other of the majestrates, [*146.] 
were appointed and with full power authorised, by the Court held att Plym- 
outh in June, to make enquiry into and redresse of sundry greiuances lying 
vpon sundry the ancient inhabitants of Sandwich, exprest in a petition for that 
end vnto the Court, vnder the hands of sundry of them, the inhabitants ther- 
fore being assembled together on the twenty seauenth of August, 1658, and 
the matter being enquired into by the GoQ"^ with the rest as aforsaid, and finding- 
sundry of the inhabitant assumeing power to acte wherin they haue noe right 
soe to doe by reason of theire non legall admittance as inhabitants according 
to order bearing date the third of October, 1639, vizj, Ralph AUin, Seni'', Tho 
Ewer, Tho Greenfeild, Richard Kerbey, Juni', Henery Saunders, Mathew 
Allin, John Jenkens, Daniell Winge, Steuen Winge, haue therfore ordered, 
that those men aforsaid, and euery of them, shall henceforth haue noe power 
to acte in any towne meeting till better euidence appeer of theire legall admit- 
tance, or to claime title or interest into any towne priuiHdges as townes men, 
according to the Court orders aforsaid ; and this order alsoe to take hold of any 
others besides, whoe shall appeer to haue noe legall admittance as aforsaid. 

And for the better carrying on of afaires among them, in order to the 
end of the Courts graunting the plantation, it is therfore ordered, that noe 
man shall hence, forth bee admitted an inhabitant into Sandwich, or injoy the 
priuiledges therof, without the approbation of the church, and M"^ Tho Prence, 
or any of the Assistants whoe they shall choose, according as to the same 
effect is exprest in the aforsaid orders of Court bearing date the 3* of Octo- 
ber, 1639. 

M"" Edward Dillingham 

VOL. III. 20 




PLYMOUTH COLONY RECOEDS. 

October the 2"°"^, 1658. Att this Couit, Robert Harper, Ealph AUin, 
Seni', John AUin, Edward Perrey, Richard Kerbey, Juni', "Wiliam AlUn, 
Thomas Ewer, Wiliam Gifford, Mathew Allin, Daniell Winge, and John 
Jenkens, of Sandwich, for refusing to take the oath of fidehtie, were fined 
each of them fine pounds to the coUonies vse. 



3 December. *^tt tt Couft of Assistants holdeu att Plymouth the third of 
[*1^'7-] December, 1658. 



Befoee Wiliam CoUyai-e, 
Thomas Willett, 
Josias Winslow, 



Wiliam Bradford, and 
Thomas Hinckley, 



Assistants, &6. 

THE Court haue ordered, that Major Winslow shall take sufficient cecuri- 
tie for the appearance of Richard Bear, to appeer att the Court to bee 
holden the first Tusday in March next, and to release him of his f'sent 
imprisonment vntill then. 

That Wiliam Newland bee requu-ed to bring, or cause to ^ brought, 
his two daughters to the Court to bee holden att Plyrnouth the first Tusday 
in March next, to answare for theire abuseing of the marshall. Barlow, in the 
execution of his ofiice. 

Wheras it is obserued, that frequently diuers of those called Quakers 
haue repaired to Sandwich from other places by sea, coming in att Mannomett 
"with a boat, which practices, if continued, the Court conceiueth may proue 
of dangerouse consequence, the Court doth impower and authorise you, 
Gorg Barlow, marshall of Sandwich, &6, that incase you shall haue any 
intelligence of the arivall of any of those called Quakers att Mannomett or 
any place ajacent vpon the coast within our jurisdiction, that you forthwith 
repaire to such boates, requireing competent aid to goe with you, and arest 
any such boate or boates, takeing theire sayles from theire mastes, and cecure- 
ing them vntill some of the majestrates bee acquainted therwith, and further 
order giuen you about the same ; and likewise that you apprehend the body.es 
of all such Quakers as shall come in any such boates, or any other Quakers 
you shall there and then find, and to proceed with them as efectually as if 
you found them within the bounds of Sandwich or any towne within youer 
liberties. 



COURT ORDERS. 

That a summons bee sent for James Skiffe to March Court, then to make 
his appeerance to answare to such thinges as shalbee objected against him in 
regard of tradusing the law about refusing to take the oath of fidehtie. 




3 December. 

Peence, 

Gou". 



*Att the Generall Court holden att Plymouth, in JVew England, the 1Q5 8-9. 

first of March, 1658. 



Before Thomas Prence, Gou'^, Josias Winslow, 

Wiliam CoUyare, Thomas Southworth, 

John Alden, Wiliam Bradford, and 

Thomas Willett, Thomas Hinckley, 

Assistants, &d. 

WHERAS this Court takes notice of sundry of the inhabitants of Yar- 
mouth to bee reddy, as by a list gisented doth appeer, to discharge 
theire dutye according to theire abillities for the incurragment and support 
of the minnestrey of the word amongst them, which this Court doth very well 
resent from them, and can not but as ill resent the contrary in such of them 
as doe neglect theire duty therin, and therefore order, that the cunstable of 
Yarmouth summons the inhabitants to meet together, both church and towne, 
and propose vnto them what each pticulare man will freely engage towards 
the makeing vp of forty or fifty pounds yearly for the end aforsaid; and 
incase that there bee any which notwithstanding shall neglect soe to doe theire 
duty therin, — which this Court would hope otherwise, — that then foure men 
bee chosen to make a leuy on such as neglect soe to doe in some way propor- 
tionable to what others of theire naighbours whoe are reddy to doe theire 
duties in the f'mises haue freely engaged ; and incase there bee none chosen 
as aforsaid, or, being chosen, neglect theire trust therin, then the Court orders 
these foure men following to acte therin, vizj : M"^ Anthony Thacher, Tho 
Boardman, Richard Seares, and Andrew Hallott ; and that destresse bee made 
by the cunstable vpon such as refuse to pay such theire proportions, as in 
other just case is prouided, as alsoe to make destresse vpon the goods of such 
as neglect to pforme theire engagements aforsaid, vnlesse they shalbee emi- 
nently disinabled by some hand of God on them to pforme such theire 
ingagements ; this leuy to bee both aiiually made by them and aiiually col- 
lected by the cunstable vntill the Court see cause to alter it otherwise. 



1 Maieh. 

[*148.] 



156 PLYMOUTH COLONY RECORDS. 

16 5 8-9. Wheras complaint is made vnto the Court by Isacke Robinson and Gyles 

'' ' Rickard, Seni"", in the behalfe of two children of Henery Coggen, deceased, — 

p , which said children, liueing with John Finney, of Barnstable, are conceiued 

c^ou"- to suffer wrong in sundry respects, — the Court haue refered the case to the 

hearing of the Gou"^ and M"^ Hinckley, and to put an end thervnto, if it may 

bee ; but if not, it is refered to the Court to bee holden att Plymouth in May 

next. 

The Court, takeing notice that John Winge is erecting a building in a 
place which is out of the bounds of any township, and conceiueing such prac- 
tices, if pmitted, may proue prejudicial! to the whole, doe order that the said 
John Winge, and all others that haue or shall soe doe, bee prohibited to psist 
on therin vntill it bee further cleared to what township such said lands 
belonge on which they build. 

[*149.] *M'" Josepth Tilden being graunted a further hearing in the case of his 

^sentment, and coinited to the Bench to issue, the said Josepth Tilden, by 
these ^sents, engageth himselfe bounde to forfeite fiue hundred pounds sterling 
incase, after the determination of this Court, hee shall molest or trouble any 
pson, in any place whatsoeuer, about the said case, in any matters relateing 
therto. 

JOSEPTH TILDEN. 

The said Josephus Tilden alsoe engaged to defray the charges of the 
f>sent Court imployed about the aforsaid case. 

The Court alsoe ordereth, that noe man shall molest or trouble the said 
Josepth Tilden about the said case after the determination of this ^sent 
Court shalbee fulfild in puting a finall issue to the said case now in de- 
pendance. 

Wheras the Court haiie graunted vnto M"' Josepth Tilden a further 
hearing in the matter of his fsentment about his oath, they haueing spent 
much time in hearing of such debates and pleas as might any way tend to the 
clearing vp the truth in that matter, being of nothing more desirouse then to 
vindicate the innocent, and settle the blame of any former transactions where 
it is most just to rest, the matter being refered to the determination of the 
Bench, they conclude, that all former transactions of Courts relateing heervnto 
[*150.] are not fully jiistifyable ; *nor may wee fully cleare M"^ Tilden from all blame 
about the same. It being long since these thinges were first in agitation, and 
some euidences that then passed in Court not now appeering, yett principally 
minding such new euidences as haue now bine prodused, both to the takeing 



COURT ORDERS. 157 

of of some former testimonies, and alsoe further clearing of Ms innocency then 165 8-9. 
what hath formerly appeered, wee doe acquitt him of his former charge of "~ ^ ' 

1 March. 

cencure for a falce oath, because not grounded vpon sufficient testimonies, and peence 
doe further order, that his ^sentment being taken out of the records, this our Gov^- 
finall determination about the ^mises bee in his vindecation recorded, and, 
lastly, doe agree, that M' Tilden bearing the charges of his frinds in this 
tryall, the countrey shall alsoe beare the charges of theire attorneyes and eui- 
dences aded heerunto ; that the said M' Tilden is to bee cleared by open 
proclamation att the Generall Court to bee holden att Plymouth in June next. 

M"' John Alden, Capt Thomas Willett, Major Josias Winslow, M'' Will 
Bradford, and Leiftenant Thomas Southworth were comissionated by the Court 
to giue meeting vnto those which the Court of Road Hand shall depute, to 
treat and conclude with them about an iland in controuersy betwixt them and 
vs, lying in the iSTarragansett Bay, called Hogg Iland ; and incase the aboue- 
said psons, or any of them, should bee hindered by Prouidence soe as they 
can not goe, that then the Coui-t requests and appoints M' Josias .Winslow, 
Seni', and M' Constant Southworth, to make a supply. 

Henery Saunderson, for kiling of a cow belonging to the countrey, att 
Sandwich, the said cow being vallued att three poud and fifteen shillings, was 
sentanced by the Court to pay and make good as good a cow againe to the 
Treasurer. 

*The Deposition of John Haddaway, aged about forty Yeares. [*151.] 

This deponent testifyeth, that being in the Bay about the time of M"^ 

Garretts setting sayle for England, vpon occation of John Gorums calling him 

in to Goodman Stibbins, of Boston, this deponent testifyeth, that hee heard 

Hugh Jackson, late of Barnstable, will and bequeath what hee left heer in the 

countrey vnto Joshua Lumbert, of Barnstable aforsaid, his debts being payed, 

incase it pleased God that the said Hughe returned not thither againe ; and 

further this deponent saith not, onely that hee was desired to bee a witnesse 

theervnto. 

THOMAS HINCKLEY, Assistant. 

Att this Court, John Gorum and Barnabas Laythorp came into the Coxirt, 
and tooke oath to the like effect as aboue expressed. 

Wheras att this Court, John "Winge testifyed and cleared vp vnto the 
Court, that the estate of Daniell Winge is made ouer vnto his children, the 
Court alow therof, prouided that the said John Winge giue in vnto the Court 
a true inventory of the estate soe desposed and engaged, and that hee likewise 



158 PLYMOUTH COLONY EECORDS. 

1658-9. engage that the said estate shalbee imployed for the vse of the said 

" '* ~^ children. 

p Vpon the complaint of Wiliam Tubbs, that Goodwife Thomas, a Welch 

Goxj". woman, that shee dwelleth on his land without his leaue, the Court haue 

appointed M"^ CoUyare and M"^ Alden to take some speedy course to remoue 

her vnto her owne land. 

Memorand : that Wiliam Newland did say in Court, that Gorge Barlow 
brake vp his house in the night, wherby hee suffered much damage. 

Thomas Butler, for refusing to assist the marshall, Barlow, in the execu- 
tion of his oiEce, fined ten shillings to the vse of the coUonie. 

[*152.] *Wee, whose names are vnderwritten, doe testify, that Nathaneell West, 

a stranger to vs, belonging to Road Hand, being by Gods prouidence amongst 
vs, and being vnder cure of an infirmitie of his body, it appeers that hee had 
occation to goe to Prouidence, and goeing vpon the iyce, it brake, and hee fell 
in and was drowned ; when his body was taken vp, it appeered to vs that 
his death was noe way violent nor wilfiiU, but accedentall, as farr as wee 
apprehend. 

M' Josepth Pecke, M' Stephen Paine, and Thomas Cooper were not att 
the takeing of him vp ; but when hee was brought to the towne, they found 
him to bee as is aboue expressed, to theire best apprehensions. John Perrum 
and Gorg Kenericke did alsoe see him, and found as is aboue mencioned. 

PHILLIP WALKER, Cunstable. 
Leiftenant HUNT, 
JOHN READ, 
ROGER ANNADOWNE, 
ROBERTT FULLER, 
ROBERT WHEATON, 
ANTHONY PERREY, 
THOMAS WILMOTH, 
DANIELL SMITH, 
EDWARD HALL, 
JAMES REDDAWAY, 
NICHOLAS lYDE, 
JOHN MARTIN, 
RICHARD BULLOCKE, 
RICHARD BOWIN. 

Wheras there are sundry fines belonging to the countrey, the Court 



COURT ORDERS. 



159 



orders, that the seuerall townes shall haue such a proportion therof as will 16 5 8-9. 

amount to three pounds p horse for euery horse the said townes are to prouide "^ ~' ^ 

for the raising of a troope according to order of Court ; the said moneyes to ^^ZIe 
bee imployed as the townes shall see cause for the ends aforsaid. Gou". 

Wiliam Bassett, Juni', is lycenced by the Court to di-aw and sell wine 
and stronge waters att Sandwich for the refreshment of trauellers, vntill such 
time as some other whom the Court shall judge meet shall sett vp an ordinary 
att Sandwich ; but the said "Wiliam Bassett is not to pmitt any of the towne 
to stay drinkeing att his house. 

Lycence is alsoe graunted vnto Gyles Eickard, Seni'', and John Barnes to 
keep each of them an ordinary att Plymouth att Court times for the entertain- 
ment of strangers, and to prouide tilings nessesary for that purpose, but not 
to suffer any to stay drinkeing in theire houses that are dwelling in the towne 
of Plymouth. 

Mary, the wife of Walter Briggs, of Scittuate, haueing bine g>sented for 
telling of a lye, the Court, haueing examined pticulares about it, haue cleared 
the said Mary Briggs, but desired M' Hatherley from the Court to admonish 
her to bee wary of glueing occation of offence to others, by vnnessesary talke- 
ing to the occationing of others to complaine or raise such aspersions. 

*Wiliam Nelson being ^sented for vnciuell carrages towards seuerall [*153.] 
weomen att seuerall times, it being cleared to the Court that hee was guilty 
by seuerall testimonyes, hee was centanced by the Court to sitt in the stockes 
during the pleasure of the Court (which accordingly was pformed) and like- 
wise to find surties for his good behauior. 

The said Wiliam Nelson acknowhdgeth to owe vnto 



, . , . , , -r , ^ , _ ^ , 40 : 00 : 00 

his nighnes, the Lord Protector, the sume oi 

John Barnes the sume of ......... 20 : 00 : 00 

Thomas Pope the sume of 20 : 00 : 00 

The condition, that if the said Wiliam Nelson shalbee of good behauior "vviiiam Nelson 

in J' T. 'n* i_ r 1 • 1 • cleared of these 

towards ail manor oi psons, and. in speciall in respect oi his lacmouse car- , , 
riages towards weomen, whereof hee hath bine accused in Court, and appeer 
att the Court to bee holden att Plymouth the first Tusday in Jime next, and 
not depart the said Court without lycence, that then, &S. 

These may certify all whom it may concerne, that the fourth of March, 
1658, that these men whose names are vnderwritten, by the intelligence of an 
Indian, came to a place a little below Namaskett, where the Indians tooke vp 
an English man out of the Bluer of Tetacutt, with a blew paire of stockings 
and a gray listed garter, and likewise pte of a lockorum paire of briches with 



160 



PLY-MOUTH COLONY EECORDS. 



1 March. 

Pkence, 

Goc=. 



16 5 8-9. "wyer bottons fastened about his wast ; but 
man that should any way cause his death, 
accedentally ; and finding the man thuse, 
satisfyed the Indians for theire paines. 

SAMUELL EDSON, 
NATHANEELL WILLIS, 
JOHN WILLIS, 
JOHN VOBES, 
AETHER HAREIS, 
JOHN HAWARD, Seni--, 
MARKE LAYTHORPE, 



wee found noe blemish about the 
but as wee conceiue was drowned 
wee haue buried him, and haue 

THOMAS HAWARD, Juni--, 
WILLAM SNOW, 
LAWRANCE WILLIS, 
SOLOMON LENERSON, 
GUYDO BAYLEY, 
NATHANEELL HAWARD, 
JOHN CAREW, 

from Bridgwater. 



And sperscribed these : I pray you deliuer this to M' CoUyer, or M' Al- 
den, either of them, to doe with as they shall see meet. 

And by them sence ordered heer to bee recorded as abouesaid. 



1659. *^tt a Court held att Plymouth the third Day of May, 1659. 



3 May. 


Befoee John Alden, Wiliam Bradford, and 


[*154.J 


Josias Winslow, Thomas Hinckley, 




Thomas Southworth, 




Assistants, &6. 



WHERAS complaint was made against John Williams, of Scittuate, for 
hard vseage of a daughter of John Barker, deceased, the Court haue 
ordered, that the said child shalbee and continew with Thomas Bird, of Scittu- 
ate, vntill the next Court ; and that shee being weake and infeirme, the said 
Tho Bird is to endeauor to procure meanes for her cure, and what expence 
hee shalbee att about the same, the Court engageth to take order that bee 
shalbee paid ; and the said Thomas Bird is to appeer att the next Court to 
giue in what testimony hee can produce to cleare vp the case betwixt the said 
John WUliams and his kinswoman, the said gerle. 

In answare to the desire of some whoe requested the Court that a child, 
vizj, one of the sones of Henery Coggen, deceased, should bee remoued from 
the family of John Finney, his father in law, the Court haue ordered that the 
said boy shalbee and remaine with his said father in law vntill the next Court^ 



COURT ORDERS. 161 

during which time hee shall keep him att scoole all the time, excepting six 1659. 
dales, and in the meane time to sett in a reddynes the account of the estate ; '' 

... . . 3 May. 

and because there is some hopes or possibilities of hearing from M' Bishop, pi,ej,ce 
the grandfather of the said child, before the next Court, the Court are vnwill- ^o""- 
ing to settle pticulares about the said hoy and estate vntill then. 

John Coggen, son of Henery Coggen abousaid, hath made choise of 
Capt James Cudworth and M' Isacke Robinson to bee his guardians, the Court 
allowing and approueing of the same. 

*John Ellis is allowed by the Court to keep an ordinary att Sandwich for [*155.] 
the entertainment of strangers and trauellers, and hee is to prouide conven- 
iencyes for that end, and may sell strong waters and wine for such purposes ; 
but is prohibited to pmitt towne dwellers to stay drinkeing vnessesaryly att 
his house. 

Wheras the Court are informed that the cunstable of Taunton hath at- 
tached a petticoate or goane belonging to Wiliam Hailstone, of Taunton, in 
the behalfe of the countrey for the satisfying of a fine, the Court haue ordered 
that the said goune or petticoate shalbee released to the said Hailstone, and to 
bee deliuered vnto him vpon his demaund, the Court still retaining theire 
interest in the said fine. 

Richard French acknowlidseth to owe to his highnes, "l 

, - . UO : 00 : 00 

the Lord Protector, the sume oi J 

M' Josias "Winslowe, Seni'', the sume of 05 : 00 : 00 

Cap? Xathaneell Thomas the suiiie of 05 : 00 : 00 

And the marshall. Gorge Barlow, the suine of . . . 10 : 00 : 00 

The condition that if the said Richard French shall appeer att the Coui-t 

to bee holden att Plymouth the first Thursday in June next, then and there to 

answare vnto such thinges as shalbee objected against him conserning vncleanes 

comitted with Hepthzibah Andrewes, and not depart the said Court without 

lycence ; that then, &6. 

To Isacke Bucke, cunstable of Scittuate, gree?, &6 : 

These are to signify vnto you, that, on the complaint of Constant South- This order was 
worth, of neglect of payment of what is due for the charge of the majestrates Humphrey 
table, and the complaint of Nathaneell Morton, the clarke of the Court, of J°^^^°" ^-^ 'he 
neglect of payment of pte of what is due of his wages, the Court orders that 
full and due payment bee made in respect of both betwixt this and June Com-t 
next, both in quantitie and quallitie, that soe these complaints may bee ended, 
or otherwise the Court will then take further course about the praises. 

The Courts order. P me, NATHANEELL MORTON, 

Clarke of the Court. 

VOL. III. 21 



162 



PLYMOUTH COLONY RECORDS. 



1 G 5 9. *Att a Generall Court of Election, holden att Plymouth the seauenth 

Day of June, 1659. 



7 June. 

PllENCE, 

Gon". 

[*156.] 



Before Thomas Preiice, GoQ, Thomas Southworth, 

John Aldin, Wiliam Bradford, and 

Josias Winslow, Thomas Hinckley, 

Assistants, &6. 



M 



R THOMAS PRENCE was chosen Gou-^, and sworne. 



were chosen Assistants, and sworne. 



M' "Wiliam CoUyare, 
John Alden, 
Thomas Willett, 
Josias Winslow, 
Thomas Southworth, 
Wiliam Bradford, and 
Thomas Hinckley, 

Major Josias Winslow and Leiftenant Thomas Southworth were chosen 
comission.ers. 

M' Constant Southworth was chosen Treasurer, and sworne. 



Captaine Cud- 
worth and 
James Skifle 
were not ap- 
proued by tho 
Court. 



[*157.] 



The Names of the Deputies 

John Dunham, Seni'^, 
Robert Finney, 
Ephraim Morton, 
Nathaneell Warren, 
Constant Southworth, 
Wiliam Paybody, 
Robert Studson, 
M' John Vincent, 
Richard Williams, 
James Walker, 



of the seuerall Townes. 

Heneiy Cobb, 

Nathaneell Bacon, 

M' Anthony Thacher, 

M' Tho Howes, 

M' Josias Winslow, Seni"", 

Anthony Snow, 

M"^ Stephen Paine, 

Wiliam Sabin, 

M' John Done, 

Josias Cooke, 

John Willis. 



sworne, , 



*The Grand Enquest. 

' M' Thomas Dexter, Seni', C Walter Briggs, 

M' Wiliam Lumpkin, 
M-- Wiliam Hedge, 
Richard Sparrow, 



sworne, 



Henery Wood, abs, 
Henery Sampson, 
Jonathan Dunham, 



COURT ORDPmS. 



swome. 



' Anthony Slocom, 
Experience Michell, 
Barnard Lumbert, 
Arther Harris, 
John Fish, 

_ Thomas Gibbs, 



sworne, ■ 



' Peter Pitts, 
Gorge Russell, 
John Sutton, 
John Rogers, abs', 
Stephen Paynes 
Tho Cooper. 




7 June. 

Phence, 

Gou". 



The cunstables of the seuerall townes are as foUoweth : 



Plymouth, Willam Shurtley, 

Dux: John Washboxu'ne, Juni', 

c, .^^ ^ r John Hewes, 

bcittuate, J 

[ Richard Curtis. 
Sandwich, 

Taunton, John Tisdall. 

Yarmouth, . • M'' Edmond Hawes, 

Barnstable, Thomas Huckens. 

( Elisha Besbey, 

[ Christopher "Winter. 

Rehoboth, Henery Smith. 

Eastham, Henery Attkins. 

Bridgwater, 



MarshfeUd, 



Surveyors of the Highwaies. 

' r Steuen Briant, 



Plymouth, . 
Duxburrow, 



Benjamine Prate, 
Samuell Rider. 
Jonathan Shaw, 
Wiliam Clarke. 



*Such as stand propounded to take vp their ireedom : — 

Wiliam Shirtley, Nicholas Pecke, 

Rich Tayler, Francis Crooker, 

Rot Parker, John Caruer, 

Ro% Dauis, Josepth Prior, 

John Phillips, Aron Knap, 

John Rogers, Juni'", Henery Smith, 

Stephen Paine, Tho Cooper. 

Esra Perrey is allowed by the Court to bee exequitor of the estate of 
Sarah Perrey, there being noe other, (although shee hath many other frinds in 
the countrey,) that claimeth any interest into the said estate, haueing put in 



[*158.] 



164 PLYMOUTH COLONY RECORDS. 

1 (5 5 9. cecuritie into the Court to bee accountable for the estate encase it shalbee 

'^ ' required by any that hath better title therto. 

PiiE.NCE ^^^ hundred and fifty acres of land is graunted to Thomas Briggs, son 

Gou". of Clement Briggs, deceased, and twenty acres of meddow, if it may bee had 

in the place desired, which is in the way to Deadum from Taunton, betwixt a 

pond and the mill riuer which comes to Taunton, betwixt Taunton and Massa- 

pauge Pond. 

Major Winslow, Leift Southworth, M"" Josias Winslow, and Josias Cooke 
are appointed to take the account of the Treasurer. 

The Court allow to Ensigne Wiliams six shillings for four dayes attend- 
ance att the Court, to answare the complaint of Robert Barker in the behalfe 
of Deborah Barker. 

"Wheras John Palmer was ^sented about a highway stoped by him, hee 
is enjoyned by the Court to laye it open. 

Samuell House is enjoyned by the Court to take some speedy course with 
a dogg that is troublesome and dangerouse in biting folkes as they goe by the 
highwaies. 
[*159.] *M'^ Thomas Hinckley, Henery Cobb, Samuell Hinckley, and John Jen- 

kens, and Nathaneell Bacon are graunted libertie to view and to purchase a 
tract of land att Saconeesett, vizj, soe much as they can conveniently, and 
they are to haue each of them a considerable proportion therof, as the Court 
shall thinke meet, and the rest to bee desposed of by the Court. 

M." Tho Hinckley and Richard Bourne are to purchase the said lands 
of the Indians by order of Court. 
This sraunt is JThe Court liaue graunted vnto Capt Morris a certaine necke of land, 

otherwise en- n i tvt 

tered att the called Nunnaquaquatt Necke, or Pochasset, by him alreddy purchased of the 
*"tt PI '"'^'^ rti ■'■ii'li^^^' 11^^ alsoe a pcell of meddow lying vpon the east side of the said cove 
March, 1659. or pond, being the quantitie of six or eight load of hay att the vtmost,i| vpon 
condition that hee shall submitt himselfe vnto this goQment, and bee reddy to 
doe such duty as may bee required of him as an inhabitant of the same, and 
alsoe that hee doe not engage vs in any controuersies betwixt himselfe and the 
Indians, and doe further resigne vp vnto the Court all such other lands within 
this goQment as hee hath made purchase of, or hath layed claime vnto, and 
shall haue noe interest into any other tract or pcell of lands, sane onely the 
abouesaid necke and meddow.J 

In answare vnto the request of John Morton, Richard Wright, John 
Dunham, Jun"", Samuell Eedey, and Francis Billington, desireing some propor- 
tions of land to accomodate them for theire posterities, the Court giueth libertie 
vnto them to looke out a tract of land for that purpose, and if found conven- 
ient it shalbee confeirmed vnto them for the ends aforsaid. 



7 June. 
Phenoe, 



COURT ORDERS. ICo 

M-- Alden and M' Bradford are appointed and deputed by the Couit, to 1 C 5 9. 
joyne with such as M' Hatherly shall procui-e, to lay out the land graunted 
to M"^ Hatherley att the Court held the 3'» of July, 1656, and to make report 
vnto the Court of what they haue done there, that soe it may bee recorded. Gou". 

*Libertie is graunted by the Court vnto the towne of Plymouth to looke [*160.] 
out a tract of land as conveniently as may bee found, to equallis that which 
lately was confeirmed to Captaine Morris, which was within a former graunt 
belonging to the said towne. The towne of Plymouth haue since made choise 
of the land adjoyning to the southeren end of Punckateesett Necke, ouer 
against Eoad Hand, to bee supplyed in the rome of that which Cap? Morris 
had, as abouesaid. 

In answare to a petition, prefered to the Court by AViliam Nlcarson, 
wherin bee requested the whole tract of land by him formerly purchased of 
the Indians att Mannomoyett, or therabouts, hee expressing himselfe other- 
wise not willing to accept of a former graunt of the Court, which was to haue 
a competency therof, this Court ordereth, that incase the said Nicarson will 
answare the penaltie of the Court order prohibiting any to buy any land of 
the Indians without libertie of the majestrates, hee may enjoy the said whole 
tract of land. 

Gorg Barlow is allowed by the Court to bee a townsman of the towne 
of Sandwich. 

Gorge Barlow is to restore a paire of oxen that were taken from Francis 
Allin by fine, and is to haue a paire that were taken from Richard Kerbey, 
Juni"', in theire stead. 

Wheras Richard French is accused by Hepthsibah Andrews to haue 
comitted bodily vncleanes with her, and hath stood engaged to the Court to 
answare for the same and appeared att this Court ; and that likewise the said 
Hepthsibah Andrews was likewise suinoned to appeer att this Court to make 
out her accusation, but soe it is that shee could not appeer by reason of weaknes 
or sicknes ; the Court, therefore, hath seen reason to take bonds of him to pay 
a considerable sume towards the keeping of the child, wherwith shee goeth, 
if it shall appeer to bee his. 

The marshall Barlow hath engaged to pay the fees due to Sauory for 
the imprisonment of Richard French, vpon which the chist of the said French, 
attached by the marshall Sauory, is released. 

•Concerning those of the purchasers that haue lands att Satuckett, such [*161.] 
as lye on that side Sautuckett Riuer next Eastham, that the said lands bee 
accounted to bee within the precincts of Eastham respecting jurisdiction ; and 
those that lye on that side next Yarmouth to bee accounted within that town- 
ship, vizj, that those that ow&e such lands shall, proportionable to such lands. 



IQQ PLYMOUTH COLONY EECORDS. 

1659. beare the countrey charges, but not that either townes shall haue any proprie- 

' ' "^ ties in any of those lands. 
7 June. ^^^ ^^^^ ^^^^ .^^ ^^^^ James Cole, of Plymouth, the sume of ten 

Peence, " 

Gou". pounds, towards the repaireing of the house hee now liueth m, see as it may 

bee fitted as an ordinary for the entertainment of, strangers. 

Memorand : that John Fenney, Seni'', hath resigned vp all the lands of 
M' Henery Coggen, deceased, vnto Cap? James Cudworth and Isack Eobinson, 
as vnto the guardians of John Coggen, according as the said lands are record- 
ed in the town booke of Barnstable. 

The charge of fine dales spent about Josepth Tildens business, the Court 
haue expressed themselues willing to beare the same, and haue engaged to 
defray the said charge. 

The Major Winslow, Leiftenant Southworth, and Rofe Studson are ap- 
pointed by the Court, to joyne with such as the Bay goQrment shall appoint, 
to run the line betwixt the Bay goGment and vs. 

John WiUis, of Bridwater, is authorised to marry any psons, according to 
order of Court, in the towne of Bridgwater, and to adminnester an oath to 
, giue in euidence to the grandjury, as occation shall require. 
[*162.] *In regard that M"^ CoUyare, by reason of age and much busines on him, 

can not attend the countreyes busines att Courts but with great difficulties, the 
Court haue appointed the Treasurer to procure him a seruant, and doe alow 
him for that purpose the surne of ten pounds. 

In regard of many vrgent occations and of great concefment, that Leif- 
tenant Southworth is to bee imployed in this ^sent yeare in the countreyes 
behalfe, the Court doth alowe vnto him as a gratuitie the sume of twenty 
pounds. 

The Court aloweth vnto the seuerall townships of this goQment towardes 
the setting forth of the troop of horse, thirty shillings p horse, for euery 
horse they shall sett forth, to bee paied by the Treasurer and to bee desposed 
of by the deputies of the townes for the townes vse aforsaid. And wheras 
Sandwich was defectiue in deputies this Court, M' Vincent and Thomas Tup- 
per are to despose therof as if they were deputies ; and in Hke manner LeifE 
Torrey, for the towne of Scittuat, to bee aded to Rob Studson. 

The Court haue appointed and authorised M' Timothy Hatherley to 
marry any psons, according to order of Court, in the township of Scittuate ; 
and alsoe to graunt warrants and supenaes for actions and to adminnester oathes 
either for glueing of euidence to the grand jury, or otherwise if need require, 
for this ^sent yeare. 

The Court doth allow and order one barrell of powder, now in the cus- 
tody of the major, to bee spent att the next generall muster, and the same to 



COURT ORDERS. 16'; 

bee made vp againe by the Treasurer to the countreys stocke of powder, and 1659. 
to bee deliuered to the major. " i^ ' 

*Wheras the Indians, vizj, Wamsitta and others, haue lately bine att the pkence 
Court, and complaine still of great damage by the horses of the inhabitants ^iou". 
of Rehoboth, the Court ordereth, that the townsmen of Eehoboth take some [ ^^^■] 
speedy coui-se that theire horses doe not in-damage the Indians, and in speciall 
such as had horses goeing on Causumsett Necke ; and that when Captaine 
Willett is att home the Indians which for the futuer shalbee soe treaspased 
are to repaire to him, and hee is authorised heerby to take such order therin 
as shalbee by him thought meet. 

In answare to a request made to the Court by Thomas Burgis, Seni"^, for 
a pcell of land att Mannomett, the Court haue ordered that Richard Bourne 
and M' Edmond Freemen to take a view of the said land, and to make report 
therof vnto the Court, that soe a competencye may bee confieirmed to the said 
Thomas Burgis, if the Coui't shall see reason. 

Sandwich is abated twenty shillings in theire rates for publicke charges. 

M'^ Wiliam Parker is complained of to the Court for taking fiue shillings 
a quart for stronge waters. 

Wheras by an order of Court all freemen of this corporation, as Quakers 
or such as are manifest encorragers of such and soe judged by the Court, or 
such as shall contemptuously speake of the lawes therof, or such as are judged 
by the Court grosly scandalouse, as lyers, drunkards, swearers, &6, they shall 
loose theire freedom of this corporation. 

The Court takeing notice of Wiliam Newland, of Sandwich, Henery 
Howland, of Duxburrow, John Barnes, of Plymouth, and Richard Beare, of 
M arshfeild, to bee such in the said order saith shalbee disfranchised, the Court 
haue ordered theire appeerance att the Court of Assistants, to bee holden in 
August next ensueing, to bee then and there convict and censured according 
to the said order. 

•An Answare to a Petition prefered to the Court by diners of the Towne of [*164.] 

Scittuate. 
Youer petition ^sented to the Court they haue seriously weiged, and 
being affectionatedly desireouse to gratify youer desires to youer full satisfac- 
tion soe farr as they may, yett considering the dissatisfaction of the countrey 
yett remaining conseming youer former cap?, as appeers by theire dismising 
of him from that place of trust to which hee was by youer towne chosen, and 
in reason would bee ill resented by them, if att such a time as this wee should 
confeirme him in such a place of trust as you desire ; and therfore hope you 




7 June. 

Prencb, 

God*. 



PLYMOUTH COLONY KECOKDS. 

will not account it any disrespect vnto youer selues that hee is not confeirmed 
in statu quo privs according to youer request. 
By order of the Court. 

p me, NATHANEELL MORTON, Clarke. 



[*165.] 



Experience 
Michell ap- 
peered att the 
October Court 
following, and 
serued. 



Forasmuch as wee haue good enformation that thinges are in such a 
posture att Kennebecke in reference to some troubles amongst the Indians, 
some of them being slayne, some carryed away, and therby alsoe discurraged ; 
that there -is a gisent desisting from theire hunting, and soe a sessacion of the 
trad, wherby such as haue rented the trad of the countrey are soe farr discur- 
raged that they see, and it probably appeereth, that they will not onely bee 
disabled for paying the expected rent, but wilbee likely to suffer great losses, 
and doe alsoe feare they may bee forced wholly to desist and to call home 
theire estate there, wherby the trad may bee indangered to bee lost for the 
future if some course bee not taken about it, — the Court doth therfore 
recoinend it to the seuerall townships considerations, and desire they would 
depute some man whom they can betrust to signify theire minds att the sitting 
of the Generall Court in October next, and impower them to acte in the ^mises. 

Graunted by the Court, that Wiliam Tubbs, of Duxburrow, shall haue a 
certaine pcell of land att Namassackeesett, lying betwixt the lands of Gorg 
Russell, deceased, and the brooke, containing about twenty acres or ther- 
abouts, being aboue the path to the Massachusetts. 

*Att this Court Edward Perrey, John Newland, Wiliam Allin, Rob- 
ert Harper, Ralph Allin, Seni', Josepth Allin, Thomas Vre, Mathew Allin, 
Richard Kerbey, Juni'', and John Jenkens appeered, being summoned to 
answare for theire refusing to take the oath of fidelitie, and remaining obstinate, 
were fined according to order. 

Daniell Muckenney, for being drunke, fined fiue shillings. Jeremiah 
Newland, for being drunke, fined fiue shillings ; and for breaking the peace, 
or glueing prouaking speeches or carriages, admonished. 

Josepth Burgis, for taking away a beast attached for the countrey, hee 
fined the summe of twenty shillings. 

Henery Dillingham, for refuseing to serue in the oifice of a cunstable, 
being chosen by the towne of Sandwich, fined fifty shillings. 

Experience Michell, for refusing to serue on the grand enquest, being 
chosen for the towne of Duxburrow, fined ten shillings. 

JMemorand : to send to th -. seuerall townes to send in theire busines 
about Kenebecke to the next October Com-t.+ 

The Court haue ordered that Goodwife Thomas, the Welch woman, shall 



COURT ORDERS. 

not bee assisted by any in setting vp any house or cottage any where except 
it bee on her owne ground. 




*Att a Court of Assistants holden att Plymouth the 2"^ of August, 2 August. 

1659. t*166.] 

Before John Alden, Thomas Southworth, and 

Josias Winslow, "Wiliam Bradford, 

Assistants, &6. 

WHERAS there is a controuersy depending betwixt Thomas Pope and 
Wiliam Shirtlife, conseming the bounds of the lands of the said 
ptyes lying att Strawbery Hill, or the Reed Pond, in the township of Plymouth, 
the Court haueing heard what can bee said on both sides, and finding an issue 
can not bee put to it att this fsent Court, doe order and request M' John 
Howland, Francis Cooke, and John Dunham, Seni"", to take a convenient time 
as soon as may bee to repaire to the said lands, and alsoe such of the ancient 
inhabitants as giue any testimony or light towards the clearing of the case, 
and that they, the said John Howland, Francis Cooke, and John Dunham, 
shall measure the said lands and sett the bounds therof vnto the said pties 
according to the true and ancient bounds, as neare as may bee, and soe a finall 
end to bee put therby vnto the said controuersy ; and whatsoeuer charges hath 
or shall arise about the same to bee bourne by the said pties in equall proportions. 

Wheras a certaine pau-e of wheeles were attached (vpun a mistake) by 
the marshall Barlow att Sandwich in the behalfe of the countrey, the Court 
haueiag receiued certaine enformation that the said wheeles did belong to 
SamueU Hickes, and were really his before they were attached, haue relin- 
quished them, and haue ordered the said Samuel! Hickes to require them and 
improue them as his owne, as hee shall see cause. 

Conseming a certaine diiFerence betwixt Gorg Bonum and John Smith, 
Seni"", of Plymouth, about some approbrious speeches the said Smith should 
speake of and conseming the said Bonum, the Court finding them to bee of 
friuilous nature, ordered them to chose some of theire naighboures to haue the 
hearing of the said controuersy and to put an end thervnto. 

Leiftenant Southworth aproned by the Court to bee captaine of the mille- 
tary companie of Plymouth. 

M' Wiliam Hedge approued by the Court to be captaine of thp milletary 
companie of Yarmouth. 

roi.. III. 22 



170 



PLYMOUTH COLONY RECOKDS. 



165 9. *M the Generall Court holden att Plymouth the third of October, 
' • 1659. 

3 Octobet. 

[Prence Before Thomas Prence, GoQ, Thomas Southworth, 

GOVERNOH.J 

r* 167.1 "Wiliam CoUyare, Wiliam Bradford, and 

John Alden, Thomas Hinckley, 

Josias Winslow, 

Assistants, &6. 

WHERAS by a former order of Court the seuerall townes in this juris- 
diction were required to send in for each towne a man ynto tliis 
Court, and to envest them with full power in their behalfe, to treat and con- 
clude about leting of the trad att Kennebecke, — accordingly they did send 
those whose names are vnderwritten. 

For Plymouth, M' John Rowland. 

For Duxburrow, Constant Southworth. 

For Scittuate, Robert Studson. 

For Sandwich, Thomas Tupper. 

For Taunton, James Walker. 

For Yarmouth, M' Edmond Hawes. 

For Barnstable, M' Thomas Hinckley. 

For Marshfeild, Leiftenant White. 

Rehoboth, Sent in theire minds by writinge. 

For Eastham, Richard Sparrow. 

Wheras by order of Court bearing date the seauenth of June, 1659, it 
was recoinended to the seuerall townshipes to send theire deputies impowered 
to acte in the ordering and settleing of the trad att Kennebecke, which was 
much interupted by reason of some troubles amongst the Indians, to the great 
discurragment of the fsent farmers therof ; — 
6 October. In psuance of which said order the deputies sent from the seuerall town- 

shipes, vpon theire serious consideration of the matter betrusted with them, 
haiie, this sixt of October, 1659, couenanted and agreed together with the 
farmers of the said trad, vizj, M' Thomas Prence, Mistris AUice Bradford, 
Seni"^, Captaine Thomas Willett, and Major Josias Winslow, in manor and 
forme as foUoweth, vizJ : 

That the rent of the said trad for the yeare one thousand six hundred 
fifty and nine, fully compleat on the first of Nouember next ensuing, bee 



COURT ORDERS. I7I 

wholly remitted by the countrey to the aforsaid farmers, and that *teii pounds 16 59. 
in money bee payed vnto the countrey by the aforsaid farmers for the yeare " i*^ ' 

.,.,.,. 6 October. 

next ensuing, during which time the farmers engage to carry on the trad as i-pjjence 
formerly, and att the end of the said tearme, vizj, on the first of Nouember, Governor.] 

— , _,, .„ „„ „„ ^ "J 

nebeck trade firee, without any engagement vnto the countreyes dispose, as 
they shall thinke meet, not leaueing aboue fine hundred slcines in any debts 
to bee required of the Indians ; the which incase they to whom the countrey 
shall dispose the said trad will not giue to the aforsaid farmers six shillings a 
skine for the said debts, then it shalbee lawfall for them, by theire agent or 
agents, to deraaund and procure the said debts in such a way as is the vsuall 
course of obtaining such debts, without any violent seizsure on them, the 
aforsaid farmers alsoe engageing not to haue any trade with the Indians there 
any longer then to the end of the tearme aforsaid, vizj, vntill the first of 
Nouember, 1660. In witnes wherof they haue heervnto sett theire hands 
enterchangably the day and date abouesaid. 

THOMAS PRENCE, 

The marke of M^'*™ A/) ALLICE BRADFORD, 

f in the behalfe 
JOSIAS WINSLOW, ^ , 

[ 01 the rest, 

CONSTANT SOUTHWORTH, 

The maike /^^p^ of ROBERT STUDSON, 

JAMES AVALKER, 

EDMOND HAWES, 

THOMAS HINCKLEY, 

RICHARD SPARROW, 

PEREGRINE WHITE. 

In the case betwixt Thomas Clarke and Samuell Jenney, about the daugh- 
ter of Samuell Jenney, named Sarah Jenney, vpon diners considerations the 
Court haue agreed and doe order, that Samuell Jenney shall haue his said 
daughter deliuered vnto him, although notwithstanding the Coui-t doe heerby 
declare themselues that they expect that the said Thomas Clarke to haue 
respect to the said child, and a care of her and her portion as an ouerseer, 
according to the will of M" Jenney. 

*Att this Court Ensigne John Williams appeered to answare the com- [*169.] 
plaint of Robert Barker and Deborah Barker, the daughter of John Barker, 
deceased, for that hee, the said Ensigne Williams, was accused to haue misvsed 
the said Deborah Barker, she haueing lined with him ; hee produceing many 




172 PLYMOUTH COLONY RECORDS. 

1659. euidences to cleare his innosensy in the pmises, the Court could not find the 
acusation to bee true ; notwithstanding, vpon some considerations, ordered, that 
the said Deborah Barker should not bee returned againe vnto her said vnkell, 
Ensigne "Williams, but should chuse her guardian, and either line with him or 
bee disposed of to some other honest man to seruice as hee should thinke 
meet ; att which time the said Deborah Barker ^ make choise of Thomas Bird, 
of Scittuate, whoe was then psent in the Court, to bee her guardian, which 
was approued by the Court ; and with him shea returned home, to bee with 
him vntill shee should bee otlierwise by him hee disposed of. 

An order di- These are to signify vnto you, Robert Dennis, that the Court requireth 

ert Dennis. 7°^^ according to the last will and testament of Willam Chase deceased, that 
you make deuision of his estate according to the tenure therof, vizj : to Benja- 
mine Chase, son of the said Wiliam Chase, two ptes of three therof, and the 
other remaining third pte to "VViliam Chase, Junier, the eldest sonne of the 
said Wiliam Chase, deceased. 

The Courts order, p me, NATHANEELL MORTON, Clarke. 

October, 1659. M' Thomas Hinckley is appointed and deputed by the 
Court to adminnester an oath to the witnesses of the will and inventory of the 
late deceased Wiliam Chase. 

October, 1659. Wee, whose names are vnderwritten, haueing made 
serch and enquiry, according to our best light and vnderstanding, into the cause 
of the death of Mary Chase, vizj, of our towne of Yarmouth, doe with joynt 
consent psent, the day and yeare abouesaid, that wee can find noe other but 
that shee died a naturall death through inward sicknes, as is euident to all 
men naturally. 

ANTHONY THACHER, JOHN MILLER, 

ROB: DENNIS, ANDREW HALLOTT, 

JOHN JOYCE, RICHARD TAYLER, 

JOHN HALL, JOHN CROW, 

SAMUELL RYDER, WILLAM HEDGE, 

RICHARD HORE, EDWARD STURGIS. 

[*170.] *In answare to a petition prefered to the Coui-t by the townsmen of Taun- 

ton, requesting that some g>sons may bee deputed by the Comt to rectify the 
bounds of theire towne, the Court doth request and appoint Cap? James Cud- 
worth, M' Josias Winslow, Seni"-, and M' Constant Southworth to doe the 



COURT ORDERS. I73 

same accordingly as is expressed in the said petition, prouided they doe noe 1659. 
way intrench vpon any lands alreddy graunted to any English reserued for " r— — ' 

. 1 T J • 6 October. 

the Indians. „ 

Pkestce, 

Conserning the complaint of Thomas Lettice against Thomas Pope, for Gou". 
abusive carriages att the miU att Plymouth towards the said Lettice, the said 
Thomas Pope is fined by the Coui-t the suine of ten shillings to the vse of the 
coUonie. 

M' Edmond Freeman, Juni', for reftising to assist Gorge Barlow, the 
marshall of Sandwich, in the execution of his office, is fined ten shillings to 
the countreyes vse. 

Thomas Burgis, Juni', for the same default, fined ten shillings to the vse 
of the coUony. 

Edward Perrey, for vseing threatning speeches to the aboues* marshall, 
is fined to the vse of the coUony twenty shillinges. 

Edward Perry, for killing a steer belonging to the countrey, 

Stephen Winge being complained of by the marshall, Barlow, for refusing 
to assist him in the countreyes seruice, being required att three seuerall times, 
the said Stephen Winge is fined to the vse of the countrey the summe of 
twenty shillings. 

Thomas Lucas, for being drunke, fined ten shillinges to the collonies vse. 

*Wiliam Gifford, being complained by Marshall Barlow, for afironting [*171.] 
him in the hieway neare a bridge, ouer which hee should haue driuen some 
cattle of the countreyes, yett forasmuch as Wiliam Gifford affeirmeth that hee 
was not directly in his way, but in an old path leading to his house, the Court 
suspends theire judgment for the ^sent, vntill the place bee viewed, and soe 
the matter bee made more euident. 

Forasmuch as this Court findeth that our people of Sandwich, called An order to 

Barlow. 

Quakers, haue had by them many papers and writings that are both falce, 
scandalous, and pnisious to the goiiment : — 

These are therefore, in the name of the state of England, to require Gorge 
Barlow, marshall of Sandwich, to take with him a man or two, and to repaire 
to the house of Wiliam Newland and Ealph AUin, of Sandwich, and Nicolas 
Dauis, of Barnstable, to make serch in any pte of theire houses, or in any the 
chists or trunkes of the abous'^, or elswhere, for any such papers or writinges, 
and to returne such as they shall soe find, either to the Court, or gou"", or some 
of the Assistants. 

To M' Hawes, the cunstable of Yarmouth. An order to the 

cunstable of 

These are to signify vnto you, that the Court requires you to deliuer vnto Yarmouth. 



174 PLYMOUTH COLONY RECORDS. 

1659. Kobert Dennis, att Ms demaund, a firkin of butter by you attached, in the 

" ^ ' custitie of Richard Tayler, att the suite of the said Robert Dennis, which was 

p ' ' somtimes belonging to "Willam Norkett ; the said Robert Dennis heerby stand- 

Gou». ing engaged to the Court to cleare the case about the said butter if it conies 

in question for the future. 

[*172.] *M'" Alden, Captaine Southworth, Constant Southworth, and Gorge "Wat- 

son are appointed by the Court to view the lands of Nathaneell Warren, &S, 
and to range the said lands, and to put a finall issue to the difference betwixt 
him and his naighbours respecting the bounds of theire said lands in con- 
trouersy. 

Thomas Butler, for refusing to serue in the ofiice of a cunstable, fined 
according to order fifty shillinges. 

Conserning the complaint of Goodwife Thomas, the Welch woman, the 
Court haue ordered, that shee repaire to M' CoUyare and M' Alden, to Dux- 
burrow, att such time as they shall send for her, and they are to heare and 
determine what is meet in the case. 

Conserning a certaine woman, vizj, the wife of John Spring, of Water- 
towne, which was somtimes the wife of Thomas Hatch, of Scittuate, which 
said woman hath lined about three or foure yeares att Scittuate from her hus- 
band, the Court haue ordered, that shee either repaire to her husband with all 
convenient speed, or to repaire to Duxburrow to the house of M' Alden, on 
the twentyeth of this ^sent month of October, to giue a reason why shee doth 
not ; and incase shee shall refuse to attend this order, the Court will take a 
speedy course to send her to her said husband. 

In answare'to the proposition, directed to the seuerall townships, to send 
in theire minds whether to summon in all the fireemen to the next June Court 
or not, — 

The number of voates for are sixty and three. 

The number of voates against are an hundred and eleuen. 
[*173.] *Captaine Wiliam Bradford, Leiftenant John Freemen, and Comett Rob- 

ert Studson are confeirmed by the Court to bee comission ofilcers of the troop 
of horse. 

Att this Court open proclamation was made, that if any shall come in betwixt 

this date and the Generall Court, to bee holden att Plymouth, the first Tusday 

in March next, and can claime any just debt from the estate of Robert Water- 

_,, . ^^g ^^^^ man, satisfaction shalbee made proportionable to the said estate, or otherwise 

June 7", 1660, a quietus est will then bee graunted to Elizabeth, somtimes the wife of the 

by order of the 

Court. said Robert Waterman ; and since that time vntill the seauenth of June^ 1660, 



COURT ORDERS. I75 

none came in, and then a quietus est was graunted vnto Elizabeth, sometimes 165 9. 
the wife of the ahouesaid Eobert "Waterman. " ' ' 

6 October. 
Prence, 

An agreement made this 11*'= of March, in (57) and (58,) between the ^°"''- 
towne of Barnstable and the towne of Yarmouth, by foure men chosen joyntly 
by both the townes, -vizj, M' Thomas Prence, Eichai'd Chadwell, Eichard 
Higgens, and Eichard Bom-ne, that the bounds extending into the sea one 
mile shalbegine from the middle of the mouth of Stoney Coue Creeke, and 
soe from the middle therof to run due north into the sea. Moreouer, it is 
further agreed by both the townes, that incase the line extending into the 
land run more to the westward then is expressed in, the coppy of the graunt, 
vizj, south south west, that then the foure men aboue specifyed shall haue 
power to rectify the line att sea accordingly as they shall see meet, or else this 
agreement to stand feirme for theire ppetuall bounds. 

THOMAS PEENCE, 
EICHAED CHADWELL, 
EICHAED HIGGENS, 
EICHAED BOUENE. 

*Thomas Ewer, for his tumultuous and seditious carriages and speeches in [*174.] 
the Court, was sentanced by the Court to lye necke and heeles during the 
pleasure of the Court ; but whiles the Court was yett in being they were 
enformed by credable testimony that the said Ewer was an infeirme man, and 
was troubled with a rupture, hee himselfe alsoe saying that hee is broken ; and 
therfore the Court suspended the sentence soe as not to execute it, but declared 
vnto him openly that if hee would not carry better in the Court for the future, 
and rule his tongue, they will take a course to rid him out of the collonie. 

On the complaint of an Indian, named "Wampeas, against Eichard Chad- 
well, that hee had beaten and wrongfully abused him, the Court directed an 
order to the said Eichard Chadwell, to bee in a reddines against the gou"" or 
M"' Hinckley goeth home, that soe they or either of them may heare the case, 
and order the same as they shall see reason vpon examination of pticulares. 

On the complaint of Nathaneell Morton, the clarke of the Court, against 
Humphrey Johnson, the cunstable of Scittuate, 1658, for vnrighteously de- 
taining a pte of his wages the same yeare, the said Johnson not appeering by 
reason of the late death of his father, the Court ordered, that hee should bee 
summoned to appeer att the next Court, to answare the said complaint. 

Memorand : about the case of Willam Newland, conserning dealing in 



176 PLYMOUTH COLONY RECOKDS. 

165 9. an vnder hand way with the Indians about paying for land, that further eui- 

^ ^ ' dence bee procured before that matter bee issued. 

Memorand : that the marshall. Barlow, attached an horse of "Wiliam 
Fbence, 

Oou^ Newlands, before hee gaue notice therof to the owner. 

Memorand : that enquiry bee made conserning the defect of Joanes 
Eiuer bridge. 

Att this Court, Wiliam Ledra and Peter Peii-son, two of those caled 
Quakers, whoe haue bine prisoners att Plymouth for some time, were sent for 
seuerally out of prison, and g>sented before the Court, whoe were demaunded 
if they would engage, according to the law, to depart, and to come into this 
collonie noe more, and pay their fees to the jayler ; if soe they might forthwith 
depart, which they both refused to doe ; asperting the law, in agitation about 
which the said Peter Peirson openly deneyed the humanitie of Christ ; and 
they, seuerally refusing to answare the law, v/ere returned to the place whence 
they came. 
[*175.] *Att this Court Edward Perrey, John Newland, Kalph AUin, Wiliam 

AUin, Mathew Alliu, Gorge AUin, Josepth AUin, Daniell "Winge, Tho Ewer, 
Eichard Kerbey, Juni"', Eob Harper, appeered, being summoned, and were 
demaunded whether the would take the oath of fidelitie to the state of Eng- 
land and to this gou'ment, which they refusing to doe were fined, according 
to the law, each of them fine pounds, to the vse of the collonie. John Jenkens, 
of Sandwich, sent word that hee was of the same mind with the aforsaid pties, 
and alsoe was fined fiue pounds. 

Memorandum: to warne James Lenard, Phillip Lenard, Jeremiah New- 
land, and John Turner, all of Taunton, psonally to appeer att the Court to bee 
holden the first Tusday in March next, to answare for sundry misdemenors by 
them practised att Taunton. 

Att this Court, Eichard French appeered to answare to such pticulares as 
should bee objected against him ^ Hepthsibath Andrew, for comitting bodily 
vncleanes with her ; but shee not appeering, hee was for the fsent cleared, and 
his bond deliuered, and hee was left to his libertie to procecute against the 
said Hepthsibath Andrwes, if hee pleased. 

Att this Court, John Barnes, Wiliam Newland, and and Henery Howland 
appeered, being sumoned, and were convicted by law, and sentanced by the 
Coiu-t to bee disfranchised of theire freedome of this corporation ; the said 
John Barnes, for his frequent and abominable drunkenes, and Wiliam New- 
land and Henery Howland for theire being abettors and entertainers of Quakers, 
contrary to the aforsaid order ; likewise Eichard Beare, of Marshfeild, for 



COURT ORDERS. 177 

being a grossly scandalouse pson, debaugh.ed, haueing bine formerly convicted 165 9. 
of filthy, obseane practises, and for the same by the Court sentanced ; as ' 

6 October, 

alsoe faling vnder the breach of the aforsaid law, was summoned by the Court pke^oe 
psonally to appeer to receiue the said sentance of being disfranchised as afor- Gou*. 
said, but hee appeered not. Notwithstanding his facts and course of life being 
pspecuouse and mannifest, hee was likewise sentanced to bee disfiranchised of 
his fireedome of this corporation. 



*Att a Court of Assistants holden ait Plymouth the sixt of December, 6 December, 

1659. [*1T6.] 

Befoke Wiliam Collyare, Thomas Southworth, and 

John Alden, "Wiliam Bradford, 

Josias "Winslow, 

Assistants, &S, 

ATT this Court, Josepth Prior, beiag sumoned, appeered to answare for 
pilfering and p^'loyning practices, and other vnworthy carriages relate- 
ing thervnto, vizj, in alluring a younge maide, a kinswoman to M' Wiliam 
CoUyares, to healp him, the said Prior, to sundry thinges ptaining to the said 
M' Collyare, without knowlidg of or leaue from M"" Collyare or M'^ Jane 
Collyare, his wife ; but forasmuch as euidence was not extant in Court to 
cleare vp the said accusation, the said Prior denying sundry gticulares that 
was layed to his charge, the Court bound him ouer to appeer att the Court 
to bee holden att Plymouth the first Tusdy in March next, to answare to 
the said accusation. 

M' "Wiliam Collyare oweth the state of England the suffie of . 20". 

The condition, that if the said "Wiliam Collyare shall either appeer in 
pson or any for him att the Court to bee holden att Plymouth the first Tusday 
in March next, to prosequte against Josepth Prior about his purlayning and 
pilfering from the said "Wiliam Collyare, and other pnisious practises relateing 
to that matter ; that then, &6. 

John Barnes oweth the state of England the surae of . . . 10". 

Josepth Prior the suine of 20. 

The condition, that if the said Josepth Prior shall appeer att the Coiirt 
to bee holden att Plymouth the first Tusday in March next, to answare to all 
such pticUlares as shalbee objected against him, in speciall for his pilfering 

VOL. III. 23 



G I>ecember. 

Feence, 



178 PLYMOUTH COLONY KECORDS. 

1659. and stealing from M"" "Wiliam CoUyare, with other pnisious practices relateing 
to that matter layed to his charge ; that then, &6. 

The Court haue alowed vnto John Washhourn, Juni'', cunstable of Dux- 
Gou". bui-row, for seruing an arest on Josepth Prior, twelue pence, and for coming 
to Plymouth and a dayes attendance on that busines 1' 6"*, to bee payed by 
the said Prior to the said cunstable. 

[*177.] *Wheras Thomas Greenfeild, coming lately out of England, and arriveing 

att Road Hand, came into these ptes about the fourteenth day of Nouember, 
and brought Mary Dier with him to Plymouth, contrary to an order of Court 
which prohibeteth any of those called Quakers to come into this juiisdic- 
tion, shee, the said Mary Dier, being one of those soe called ; and hee, the 
said Greenfeild, being examined and required to answare directly whether hee 
had any residence, vizj, house or land, att Sandwich, within this goflment or 
noe, hee, refusing to make any answare to that demaund, was therfore (after 
being vrged to speak and giue answare to the said query) comited to prison 
according to order, as falling vnder the account of a foraigne Quaker, and 
att this Court was brought before authoritie and againe examined vpon the 
f mises, and refused to make any satisfactory answare ; notwithstanding wheras 
M"^ Edmond Freeman, Seni'', of Sandwich, appeering in Court and affeirming 
that the said Greenfeild hath house and land in the liberties of Sandwich, 
with other concurrent testimony to the same effect, the Court saw reason to 
release the said Thomas Greenfeild, and accordingly hee was released, paying 
his fees, which hee refused to doe ; wherfore the Court was constreined to take 
other course to satisfy the same out of the estate of the said Greenfeild, by 
warrant directed to the marshall. Barlow, for the same purpose, which said 
charge of imprisonment amounted to the suine of thirty shillings. 

And the said Greenfeild, for his bringing in or being a conduct to the 
said Mary Dier from Road Hand to Plymouth, was sentanced to pay for her 
transportation backe to Road Hand the suine of sixteen shillings, and for the 
fees of Mary Diers imprisonment the sume of eleuen shillings ; which said 
sumes the marshall. Barlow, was by warrant required to leuy on the estate of 
the said Thomas Greenfeild, whersoeuer hee should find it within his liberties. 
Att this Court, Wiltam Ledra and Peter Peirson, two of those called 
Quakers, whoe were some time since comited to prison att Plymouth accord- 
ing to the law, as being foraigne Quakers, apeered and were demaunded seu- 
erally whether they would depart the goQment in some competent time, vizj, 
two or three dayes, incase weather and strength were suitable, and that noe 
vnexpected prouidence in the aforsaid respects did not or should not fall in 
the way in the interim, and whether it was theire g>sent intensions, without 



6 December. 

PUENCE, 



COURT ORDERS. I79 

any sinestery reseruation, dii-ectly *to depart the goiinient, with intension (the 1659. 

Lord willing) not to retiu-ne into the goiinient any more ; they answared they 

could not engage to any certaine time to depart the goQment ; vpon which 

theii-e answare they were againe returned to prison, and order was giuen to <'°^''- 

M"^ Southworth and M' Bradford, that if vpon beter consideration they should t 1*8.] 

or would accept of the conditions of the aforsaid tender of the Court, they 

are to release them. 

Att this Court, James Cole, Seni', and Edward Gray appeered, to lay 
claime to a pceU of iron wedges that were brought from Taunton, which an 
Indian had stolen and sould att Taunton ; but the Court, haueing not cleare 
light to determine whose the wedges are, caused them to bee cecured vntill 
the Indian that is supposed to haue stoUen them can bee apprehended and 
examined, and therfore tooke a course that the Indian should bee appre- 
hended. 

Att this Court an execution was issued forth to arest the goods or chat- 
ties of Edward Perrey ymediately, to satisfy vnto Henery Saunders the sume 
of fine pounds and ten shillings and charges, wherof the said Perrey is convict 
in course of law. 

Att this Court, John Dunham, Seni', and Henery Wood, in the behalfe 
of themselues and others, complained of injustice in the proceedings of the 
rators for publicke charges for the towne of Plymouth ; but because none of 
the said rators appeered to answare for themselues, the Court apointed M'' 
Southworth and M' Wiliam Bradford to treat with them about the ^mises, 
and to issue the said difference, and put an end, if it may bee, to the said 
greiuance. 

Att this Court Henery Wood tooke the oath of a grandjuryman. 



*/ 



*A Writing appointed to bee recorded. [*179.] 

Wheras John Sutton complained of Abraham Sutlife, and Sarah, his wife, 
in an action of defamacon, for that the said Sarah Sutlife hath reported that 
the said John Sutton was basely begotten and basely borne, I, the said Sarah 
Suttlife acknowlidge I soe said ; but it was vnaduisedly spoken by mee, I haue- 
ing noe ground nor cause soe to speake, neither know any such thinge by him, 
and ame very sorry I wronged the said John Sutton in soe saying, and doe 
promise to make this acknowlidgment att Scittuate meeting house, that is near 
Stony Brooke, the first Lords day in this g>sent October, as soone as fore noon 
exersice is done ; this writing being red, the said Sarah is to owne it to bee 
her acknowlidgment, or Abraham Sutlife is to owne it in behalfe of his wife, 
as her acknowlidgment ; and it is lawfull for the said John Sutton to record 



6 December. 

Prence, 

Gou". 



ISO PLYMOUTH COLONY RECORDS. 

1659. these psents att Plymouth Coui-t, or elsewhere, as hee shall see cause ; and 
incase this bee not pformed as abouesaid, John Suttons action may proceed ; 
but if it bee don, the action is att an end. Dated the 2'=™* of October, 1659. 

The marke of SAEAH ^ SUTLIFE. 

Witnesed by ys, 

James Cud-worth, 
Thomas Robinson. 

This writing being red the day within written, was owned by Sarah 
Sutlife. 

Witnessed by vs, JOHN TURNER, 

JOSEPTH TURNER. 



1659-60. *^tt the Generall Court held att Plymouth the seauenth of March, 
' ' 1659. 

7 March. 

[*180.] Before Thomas Prence, Gou', Josias Winslow, 

Willam CoUyare, Thomas Southworth, 

John Alden, Wiliam Bradford, and 

Thomas "Willett, Thomas Hinckley, 

Assistants, &(3. 

WHERAS complaint is made against , seruant to Leif- 

tenant Peter Hunt, of Rehoboth, that hee, the said , 

hath attempted the chastity of an Indian woman, by offering violence to her, 
and that the complaint hath bine heard before Captaine Willett, and that 
there is great appeerance of truth in the said charge ; the Court haue ordered 
that the said Capt Willett shall further examine the said youth, named 
, and incase hee shall find the accusation to bee true, that hee 
cause due correction to bee giuen him, and determine alsoe otherwise about 
the said fact as hee shall judge meet. 

Wheras Josepth Prior was bound ouer vnto this Court, to answare for 
pilfering and p'^loyning practices from M' Wiliam CoUyare, with other vn- 
worthy carriages relateing theriinto, the said Prior appeering, and shewing and 
expressing great humiliation for the same, the Court haue att fsent desisted 
from further proseeding against him. 

Wheras Wiliam Bassett, of Sandwich, hath devoulged diuers reports 
conserning the marshall. Barlow, and that therby the said marshall is wronged. 



COUKT ORDERS. 181 

the said reports being found vntrue, the Court haue amerced the said "Wiliam 1659-60. 
Passett to pay vnto the said marshall the sume of ten shillinges for charges ''^ ''' ' 
of attendance att the Court, in answaring and clearing the said reports ; leaue- tphence 
ing the said Bai-low, incase WiUram Bassett will not pay the said sume of ten Clou", 
shilhnges, to prosequte further against the said Bassett if hee please. 

*The Court giues libertie vnto Gyles Rickard, Seni"', of Plymouth, to [*181.J 
keep an ordinary for entertainment of strangers, alwaies prouided that hee 
suffer none of the towne of Plymouth to buy either wine or stronge liquors 
of him of any kind, but such as they 'will make vse of att their owne homes, 
as the said Rickard will answare it att his pill. 

Att this Court, John Newland, Ralph AUin, "Wiliam AUin, Gorge Allin, 
Daniell Winge, Robert Harper, and John Jenkens appeered, being suinoned, 
and were requii-ed to make answare whether they, would take the oath of 
fidelitie to the state of England and this p'sent goQment, and they seuerally 
refused ; Edward Perrey and Mathew Allin absented themselues ; Josepth 
Allin, Thomas Ewer, and Richard Kerbey appeered, but they said they were 
not summoned. 

Thomas Lucas, for his abusive and threatening speeches and turbulent 
carriages towards the wife of James Cole, Seni"^, and the child of James Cole, 
Juni', is fined by the Coxu-t the sume of thirty shilhnges. 

Thomas Sauory, for being drunke, fined fiue shillinges. 

The Court doe alow vnto Gorge Barlow the sume of six ponds, in an- 
sware vnto his biU ; and for the future for euery Court hee shall appeer and 
attend on the Courts busines hee is alowed the sume of ten shillinges. 

*The Court haue graunted vnto Cap? Richard Moris, to him and to his [*182.] 
heires and assignes foreuer, a certaine neck of land called Nunnaquaquat 
Necke, or Pochasett, by him akeddy purchased of the Indians ; as alsoe a 
pcell of meddow lying vpon the east side of the coue or pond, being about 
the quantitie of soe much as wheron ffroweth six or eight load of hay att the 

^ _ . . . Att this Court, 

vtmost, vpon condition that hee shall submit himselfe vnto this gofiment, Cap« Moris 
and bee reddy to doe such dewty as shalbee required of him as an inhabitant ^^ fidelitie to 
of the same ; and alsoe that neither hee, nor his heires, nor assignes, shall not *® ^*^*® °^ 

England and 

engage vs in any controuersyes betwixt him or them and the Indians, and doe this gouTnent. 
further resigne vp vnto the countrey all such other lands, within this goQment, 
as hee hath made purchase of and layed claime vnto, and shall haue noe 
interest into any other tract or pcell of lands, saue onely the said necke and 
meddow, the which with all and singulare the appurtenances belonging ther- 
vnto, the Court doth by these ^sents confeirme vnto the said Cap? Richard 
Moris, to him and his heires and assignes foreuer. 



182 PLYMOUTH COLONY KECOKDS. 

1659-60. In answare to the request of M' John Blake, of Boston, in the behalfe of 

' ' ' himselfe and sister, Mistris Hannah Johnson, that according to a former graujj/; 

7 March. , 

Pkenoe °^ t^^ Cburt vnto M' Nathaneel Souther, their father, deceased, that hee, the 
^°^^- said Blake, might haue libertie to looke out a pcell of land to accomodate them, 
according to the aforsaid graunt, the Court gaue him libertie to seeke out, 
and incase hee can find any land yett vndesposed of within our jurisdiction 
that may hee suitable vnto him, and answarable to his expectation, hee is to 
signify it to the Court, and shaU. haue a competencye therof confeirmed 
vnto them. 

Conserning a pcell of oyle attached by the marshall. Barlow, for the 
countrey, which said oyle John ElUce, of Sandwich, layed claime vnto, and 
about which there hath bine some controuersy, the Court doth remitt the s^id 
oyle vnto the said Ellice. 

[*183.] *A Writing, appointed to bee recorded. 

Att this Court, That wheras the Court was pleased to appoint Robert Studson and Josias 

ing did ao- Winslow, Seni"^, to haue the hearing of the difference betwixt Henery Hobson, 
knowUdg in q£ -^^^ Hand, and Phillip Pointing, to heare both pties, and to examine theire 
hee had testimonies, and as they find the case to returne theire award : Now, soe it is, 

abused his said that after a great time spent in debateing the case between them, wee find that 
m', ''"^'T Phillip Pointing was an hiered seruant to the said Henery Hobson for a whole 
P'ticulais ex- yeare, and for his service was to bee payed ten pounds in English goods, as it 

pressed in this • -n 

writing. cost m Boston ; and we find that the said Pointing remained with his master 

the space of twelue weekes, and in the said time was vnfaithfuU, and wronged 
his master in seuerall pticulars ; hee, being sent for a caske of liquor, drew 
out and desposed amongst his consorts two quarts and vpwards, and put water 
in the caske ; soe likewise in hideing of his masters wedges, and said hee 
could not find them, and after told Wood that his master said hee stole them, 
which prouoaked the said Wood violently to fall out with his master, and to 
strike him to the danger of his life ; alsoe in defaming of him, in raiseing 
falce reports which appeers by testimony vpon oath, which the said Phillip 
odaciously deneyed, but att length being convicted, manifested himselfe sor- 
rowfuU that hee had soe much wronged his m', in saying hee was a theife and 
had stoUen hogges and a steer, and therin had belyed his master, for which 
hee was very sorry and willing to acknowHdge this in publicke Court ; all 
which was soe cleare to vs and to Timothy Hallowey, that had moued in his 
behalfe, that the said Timothy was ashamed that hee had meddled with his 
case ; soe that wee find that the said Henery Hobson, in his name and estate, 
is much damnifyed, the which wee conceiue the said Pointing is not able fully 



7 March. 
Pbence, 



COUKT OKDERS. 183 

to satisfy' ; yet vpon consideration of the great trouble and charge, which the 1659-60. 

said Hobson hath bine forced vnto to cleare himselfe, wee thinke meet to allow " ^ 

him foure pounds and fine shillinges, which sume wee find hee hath in his 

hand of Philip Pointinges, and for what the said Henery hath payed to the Gou". 

said Phillip shall goe for full satisfaction for the service ; and this wee declare 

to bee our agreement and oiu* award. 

Plymouth, March the 8'", 1659. 

ROBERT STUDSON, 
JOSIAS WINSLOW. 

*The Court takeing notice of sundry scandals and falchoods in a letter [*184.] 
of Isacke Robinsons, tending greatly to the prejudice of this goSment, and 
incurragement of those commonly called Quakers, and therby lyable (according 
to the law prouided in such case) to disfranchisement, yett wee att gisent for- 
beare the sensure vntill further enquiry bee made into thinges. 

In reference to Capt James Cudworth, the Court takeing notice of his 
great disaffection to this goQment and manifest abetting and incurragement of 
those called Quakers, expressed partly in a letter, owned by himselfe in the 
manor of sending it, and in many other carriages of his knowne to vs, and 
alsoe in a letter strongly conjectured and suspected to bee by him sent into 
England, the which himselfe hath not yett deneyed; — 

The ^mises considered, the Court see cause to bind him ouer to make a 
further answare heervnto att the next Generall Court, to bee holden in June 
next ; and doe therfore require that hee put in good security to the valine of 
fine hundred pounds for the end abouesaid. 

*Wheras, the last June Court, Captaine Willett requested the Court to [*185.] 
graunt vnto him, in lue of his right on the north side of Secuncke bounds, 
towards Patuckett Riuer, fine hundred acres of land for coinonage, and that 
then the towne of Secuncke obstrucked the graunt, apprehending it would bee 
prejudicial! to them, the said towne since haue declared themselues to bee 
willing that the said Cap? Willett should haue his desire in the ^mises ; hee 
further solissiteth the Court that hee may haue the same confeirmed vnto him. 

For the satisfaction of Thurston Clarke, conserning his land att the Hand 
Creeke, the Court doth order that hee shall haue aboue the highway his full 
bredth of thirty acres, and what hee falls short of his proportion below the 
highway, hee is to haue it alonge the length of his land aboue the highway. 

Att this Court, John Jenkens, of Sandwich, affeirmed in the Court that 
Gorg Barlow seized seauen cowes, to satisfy for the sume of twenty pounds 
fine, or therabouts, and some ode shillinges, and that after they were seized 



184 PLYMOUTH COLONY RECORDS. 

1659-60. one of the said cattle died, and hee tooke another liueing beast in the rome 
" ' of that which died. 

7 Maxch. . 

p Memorand : to send to each towne m this jurisdiction to depute some one 

Gou». fgr each of them to treat att the next June Court about the trad att Kenne- 
becke. 

Memorand : that the clarke of the towne of Plymouth doe signify open- 
ly in a towne meeting, that the Court doth not alow that any of the towne 
shall make sale of any theire shares of land att Punckatesett, except to theire 
owne townsmen, and that all former sales of that kind are made void, as other- 
wise soe by theire owne towne order. 
[*186.] *Att this Court, Wiliam Ledra and Peter Peirson, two of those called 

On the seauen- Quakers, whoe were somtime since comitted to prison att Plymouth, according 

teenth day of 

Apriii, 1660, to the law, as being foraigne Quakers, appeared and were seuerally required 

lam Ledra and *° make answare, according to the law, whether they would depart the go^l- 
Peter Peirson, ment in Some conuenient time, vizj, three or foiu* daies, incase weather and 

engageing to 

depart as is Strength suited, and that noe impediment in such like respects hindered in the 
were released ' i^iterem of time aboue mencioned, with an intension (the Lord willing) not 
out of prison ^g returne into this goiiment any more ; to which the said Ledra answared 

and departed. 

that theire imprisonment was vnjust and illegall ; on which the Court made it 
manifest that theire imprisonment was according to law, both of England and 
this goiiment ; and as conserning departing the goQment, according to the 
proposition aboue mencioned, hee, the said Wiliam Ledra, refused to engage 
to any certaine time to depart, onely saying, " Its hke if I were att Hber- 
tie out of prison I might depart in the will of God ere long ; " to which 
was replyed in the Scripture phraise by the Court, that if hee would now 
resolue (the Lord willing) to depart by such a time, hee might haue his libertie ; 
which hee, the said Ledra, refused, saying hee would not engage to any cer- 
taine time. Peter Peirsons answare to the proposition first aboue expressed 
was, that hee stod singlely in the will of God ; and if hee were out of prison, 
if it were the will of God, hee would depart, but would not engage to any 
certaine time of departure, but would stand singlely in the will of God, though 
hee engaged not to man ; to which was replyed by the Court, Would hee de- 
part if it were not the will of God ? but since hee was not free att fsent to 
engage as aforsaid. Infine, they were both returned to the place whence they 
came, with this engagement to him, — that when it should bee revelled to 
him, the said Peter Peirson, that hee might depart, hee should send word to 
the majestrates, and hee may haue his libertie ; and although the abouesaid 
Wiliam Ledra was not pisent when the Court engaged to the said Peirson as 
aforsaid, yett soe doeing hee may haue his libertie as the other. 



COURT ORDERS. 185 

*Mt the Court of Assistants, helden att Plymouth the first of May, 1660. 

1660. ^^" 

1 May. 

BEroRE Wiliam Collyare, Thomas Southworth, and ^oon^"' 

Jolm Aldin, Wiliam Bradford, [* 187.1 

Josias Winslow, 

Assistants, &d. 

ATT this Court, Ensigne John Williams appeered, being sumoned to an- 
. sware for his entertaining a foraigne Quaker, and pmiting a Quakers 
meeting in his house, contrary to the lawes of this goQment, and after the 
examination of him about the ^mises, the Court saw reason to require bonds 
for his appeerance att June Court, as followeth : — 

Ensigne John Williams acknowHdgeth to owe vnto the state of") 



England the suine of 
The condition, that wheras Ensigne John Williams was sumoned to this Ensigne John 
Court to answare for pmiting a Quakers meeting in his house, and for enter- „eeredaccord- 
taining a forraigne Quaker, contrary to order of Court, and that the Court ™8 *° "^'^ 

bond, and soe 

hath competent euidence to cleare vp the substance of the accusation, the said this bond is 
Williams perimtorily refusing to answare the same, pretending hee hath fur- 
ther euidence to cleare himselfe therof, and not acklowlidging the legallity of 
the Courts ^sent proceedings for tryall of his case ; if, therfore, the said John 
Williams shall appeer att the Court, to bee holden att New Plymouth the first 
Thursday in June next, to giue further answare to the said complaint, and 
not depart the said Coui-t without lycence, that then, &(3. 

Att this Court, John Smith, of Plymouth, Juni"', appeered, being sum- 
moned to answare for pmitting that a Quakers meeting was sufiered to bee in 
his house, — his wife alsoe being sumoned to answare for pmitting the same : 
hee, the said Smith, was demaunded whether hee would owne and defend what 
his wife had done in that respect : hee answared hee would, and did owne it, 
and did approue of it, and soe was convict of the fact ; vpon the testimony of 
Leiftenant Southworth and Gabriell Fallowed, whoe testifyed on oath that 
they heard one of those called Quakers speake in the said meeting, as they 
were in the street neare the house of the said John Smith ; and likewise Leif- 
tenant Southworth had afterwards speech with Nicholas Dauis, whoe ac- 
knowlidged that there had bine a meeting att the said John Smiths house, the 
said Leiftenant Southworth disputeing with him about some passages ex- 
pressed in the said meeting. 

*Att this Court, Kobert Bartlett appeered, being summoned to answare [*188.] 

VOL. III. 24 



1 May. 
Peenoe, 



186 PLYMOUTH COLONY RECORDS. 

1660. for speakeing contemptuously of the ordinance of singing of psalmes, and was 
convict of the fact, and did inpart acknowlidg his euill therin, promising that 
hee would bee warned of soe doeing for the future, expressing these words — 
Gou^. that hee hoped it should bee a warning to him ; on which the Court sharply 
admonished him, and recLuii-ed him that vnto such as hee had soe opprobiously 
spoken of the said ordinance hee should acknowlidge his fait, which hee en- 
gaged to doe as hee should bee minded of them, and soe hee was discharged. 

Elizabeth Eedey was summoned to this Court, and appeered, to make an- 
sware for her traueling on the Lords day jQrom Plymouth to Boston; and 
affeirmed that shee was nessesitated to goe on that day, in regard that Mistris 
SafRn was very weake and sent for her, with an earnest desire to see her in 
her weaknes, with some other pleaes of like nature. The Court considering 
some cercomstances in her answare, although they saw not a sufficient excuse 
for her fact therin, saw cause to admonish her, and soe shee was discharged of 
the Court. 

Att this Court Henery Rowland, being suinoned, appeered to answare for 
his entertaining another mans wife in his house after complaint made to him 
by her husband, and for pmitting a Quakers meeting in his house, and for 
entertaining a forraigne Quaker contrary to order of Court. The first pticulare 
hee stifely deneyed, and the euidence did not appeer to make it out ; but for 
both the latter hee was corivict of them, and soe lyable to pay the fines amerced 
for such defaults. 

On the complaint of Leiftenant Nash against the said Henery Howland, 
for stoping vp an highway, the Court haue ordered and doe appoint Constant 
Southworth and Wiliam Paybody to order and lay out the said way soe as it 
may bee the lest prejudiciall to any. 

Att this Couit Gorge Watson requested the Court in the behalfe of his 
son, John Watson, and his nephew, John Banges, that wheras vpon a mistake 
Samuell Hickes his name is entered into the Court records as pui-chaser of the 
lands att Cushenah & Accoaksett, &6, wheras M"^ Robert Hickes should haue 
bine entered ; that the said mistake might bee rectifyed, and the said Robert 
Hickes entered ; to which, in regard the Gou' was absent, it is refered vntill 
June Court. 



COURT ORDERS. 



187 



*Att the Generall Court kolden att Plymouth the slxt of June, 1660. 1660. 



Before Thomas Prence, Gotf', 
Willam CoUyare, 
Jolm Aldin, 
Josias Winslow, 

Assistants, &d. 



Thomas Southworth, 
Wiliam Bradford, and 
Thomas Hinckley, 



6 June. 

Prence, 

Gor". 

[*189.] 



M 



^ THOMAS PRENCE was chosen Gou', and swome. 



"Wiliam CoUyare, 
John Aldin, 
Thomas Willett, 
Josias Winslow, 
Thomas Southworth, 
"Wiliam Bradford, and 
Thomas Hinckley, 



"Were chosen Assistants, and swome, ex- 
cepting Cap? Willett, then absent. 



Major Josias "Winslow and Leiftenant Thomas Southworth were chosen 
Comissioners, and M' Hinckley next in nomination. 

Constant Southworth was chosen Treasurer, and swome. 

*The names of the deputies that serued att this Court, in the behalfe of [*190.] 
the seuerall townes of this gou'ment, are as foUoweth, vizj : — 



John Dunham, Se'', 
Mannasses Kemton, 
Bobert Finney, 
Ephraim Morton, 
Constant Southworth, 
"Wiliam Paybody, 
LeifE James Torrey, 
Comett Robert Studson, 
Thomas Tupper, 
Thomas Burgis, 
Leif? James "Wyate, 
James "Walker, 



M'' Edmond Hawes was absent, 

M"^ Thomas Howes, 

Henery Cobb, 

NathaneeU Bacon, 

M"" Josias Winslow, Seni', 

Anthony Snow, 

Leift Peter Hunt, 

Wiliam Sabin, 

Richard Higgens, 

Nathaneell Mayo, 

John Willis. 



The Cunstables of the seuerall Townes of this Jurisdiction. 

Plymouth, Gorge Watson. 

Duxbun-ow, Francis West. 



188 PLYMOUTH COLONY RECORDS. 

1 G G 0. f John Turner, Juni', 

— V— ' Scittuate, jjohnMerritt. 

Ti.Zo^, Sandwich, Wiliam Swift. 

Gou". Taunton, Henery Andrewes. 

Yarmouth, Eichard Sares. 

Barnstable, Abram Blush. 

f Wm Maycomber, 

Marshfeild, "Iti *i 

[ John Adams. 

Rehoboth, John Butterworth. 

Eastham, Ralph Smith. 

Bridgwater, Samuell AUin. 

Wiliam Shurthfe and "j , . , „ i • /-, 

> were admitted freemen att this Court. 
John Caruer, J 

Propoimded to take vp theire Freedome. 

Wiliam Carpenter, Josepth Pecke, 

John Pecke, Richard Joanes, 

Samuell Newman, John Butterworth. 

[*191.] *The Grand Enquest. 

Christopher Wadsworth, John Bryant, 

M' John Bradford, Andrew Hallott, 

John Morton, Josepth Aldin, 

Samuell Ryder, John Smaley, 

Wiliam Harvey, Gorg Bewitt, 

John Einney, Francis AUin, 

Leif? Peregrine White, Josepth Wilbore, 

John Jenkens, Robert Joanes, 

Phillip Delanoy, Nathaneell Paine, 

Gylbert Brookes, John Cobb. 

Josias Standish is alowed and approued of by the Court to bee leifE of 
the milletary companie of Bridgwater. 

Leiftenant Ellis hath engaged to trayne the milletary company of Sand- 
wich for a season. 

In reference vnto a seditious letter sent for England, the coppy wherof 
is come ouer in print, Captaine Cudworth being groundedly suspected to bee 



6 June. 

PRENCE, 



Court ordees. lyg 

the auther therof, the Court haue ordered that hee shall put in sufficient cecu- 1660. 

ritie, to the vallue of fiue hundred pounds, for his appeerance att the next 

October Court, and soe from one Generall Court vnto another vntill June next, 

if the Coui-t shall see reason ; and that the Court doe vse theire best endeau- ^o""- 

ours forthwith to procure further testimony from M"^ Browne, or any other, 

for the clearing of the case. 

Captaine Cud- 

Captaine Cudworth being fond a manifest opposer of the lawes of the -worth is, by a 
goQment, as appeers by sundry expressions in a letter directed by him to the yasn^^ accepted 
God and otherwise, is sentanced, according to the law, to bee disfranchised of ^""^ reestab- 
his freedome of this corporation. associasion and 

*Isaacke Robinson, for being a manifest oposer of the lawes of this r*i92 1 
goQment, expressed in a letter by him directed the GoQ and otherwise, is men of this 
centanced to bee disfranchised of his freedom of this corporation. g^g ^^^^ ^j 

llThere being some mistake in this, att his request, hee, the said Isacke *'^ orders and 

" ° 5 1 5 J passages of the 

Robinson, is reestablished, and by generall voat of the Court accepted againe Coiu-t, July, 

anno 1673. 

into the association of the body of the freemen of this corporation, and to g ^^^^ ^^ 
enjoy the priuilidges therof as occation may require. || ^^^^ orders and 

• passages of the 

Ensigne John Williams, for entertaining a foraigne Quaker, fined forty Court, July, 
shillings, according to order ; and in reference to the offence giuen by him, by 
his countenancing or adhering to the Quakers, in hopes of reformation, the 
Court haue suspended what might haue bine imposed, in disgrading him of 
his place for the p>sent. 

The Deposition of Wiliam Sabine, of Rehoboth, taken in the Generall Court, 13 June, 
held att Plymouth, June 13, 1660. 

This deponent testifyeth, that the last autume, being in the way betwixt 
Deadum and Rehoboth, hee fell into the companie of two men, which were, as 
hee conceiued, Quakers, or adherents to them ; and faling into discourse with 
the one of them about the Quakers that were a little before executed att Bos- 
ton, hee, the said deponant, asked them why, that seing that they were theire 
frinds that were executed att Boston, they did not vse some meanes to rescue 
them out of theire hands that put them to death ; vnto which theire answare 
was, soe they would, but they wanted a leader. Then this deponant replyed, 
that ther was Major Hawthorne, whoe was more for libertie then some other 
men, to whome they might haue repaired, and haue seen whether hee would 
haue bine theire leader ; then they replyed, " Hang him ! hee would run with 
the streame, for the great streame ran the other way." Morouer, one of them 
said that the goQment had taken ten pound from him for his wifes goeing to 



190 PLYMOUTH COLONY RECOEDS. 

1660. the meetinges of the Quakers, but hee hoped to haue it againe ere long ; and 
' '^ ' that they had made ouer all theire estates, except lands, into the hands of other 

13 June. 

Prence 1^^^} and that should lye ; but the said deponant replyed they would take that 
Gou". alsoe ; but they said they should know how to find that againe ere long, and 
that all theire actions, and all theire doeings and crewelties were knowne in 
England, and that they knew theire intensions and theire writings in England. 
Then this deponant demaunded of them how they knew theire writings in 
England ; and they replyed, they had actiue men, whoe brake vp theire letters 
and tooke coppies of them, and sealed them vp againe ; and they instanced 
[*193.] one, vizj, the Deputie *GoG of the Massachusetts sent a letter to one M' Stur- 
geon in England, and they said they knew what hee wrote therin ; and alsoe 
what M' Sturgeon wrote ; and likewise that they had theire marshall att 
Salem pictured vp in the exchange in London with his bauld head, standing 
behind a bush, looking after this cow and that hogg, &8. And this deponant 
testifyed that hee and they had much more discourse together, in speciall with 
the one of them, to the like effect as before said, the pticulares wherof are 
not pfectly remembred by him, but these were the substance of what pased 
betwixt them. And further this deponant sayeth not. 

Conserning the accusation charged vpon John Newland by Gorge Barlow 
and Obadiah Eedey, as that hee, the said Newland, should say hee is as holy 
as God is holy, and as pfect as God is pfect, as Gorg Barlow affeirmed, 
and as holy as God himselfe was, (if hee stood,) and soe should remaine to 
ppetuity, as Obadiah Eedey afeirmed ; the Court, being vnsatisfyed in some 
respects about the testimonies, haue, for the ^sent, freed the said Newland, 
with this caution, that if further and more satisfying testimony shall come in 
heerafter for the clearing of the case, that then hee must expect to make fur- 
ther answare about the g'mises. 

Tho Clarke affeirmed in open Court, that Gorg Barlow is such an one 
that hee is a shame and reproach to all his masters ; and that hee, the said 
Barlow, stands convicted and recorded of a lye att Newberry. 

Ordered to bee recorded, that Gorge Watson desired M"" Aldin to take 
notice, that hee was enformed, that Gorg Barlow tooke from Goodman Gaunt, 
for his fine of 24", these pticulares : seauen cowes & heifers, two steers, 
seauen bushells and an halfe of pease ; and after, when one of the cowes died, 
hee tooke another Hue one in stead therof, because Barlow had not the hide 
of the dead cow deliuered to him ; and this Tho Burgis, Juni', owned in open 
Court, that hee reported what is aboue written. 
Fine. Thomas Burgis, Juni"^, for refusing to aide the marshall. Barlow, in the 

execution of his office, is fined thirty shillinges. 



COURT ORDERS. 191 

Henery Dillingham, for the same default in a different respect, fined 1660. 
fifteen shillings. ' < ' 

*Wiliam Newland testifyed in the Com-t, that a message was brought or 
sent to him by one from Elizabeth Freeman, that affeirmed that Jacob Buj-gis Gou". 
was drawne to testify that which hee did conserning Barlow, by Benjamine 
Nye, by feare, as threatened that incase hee would not attend Barlow in his 
occations against the Quakers, and soe to giue the ^sent euidence, hee should 
not haue his daughter to wife. This is the substance of what Wiliam New- 
land testifyed conserning this matter. 

Daniell Butler, for rescuing a Strang Quaker, when apprehended by the 
marshall. Barlow, and for his breakeing away when taken p'soner, is sentanced 
to bee pubUckly whipt, which accordingly was pformed. 

Thomas Butler, and Dorithy, his wife, for turbulent cariages the same 
night that theire son Daniell was serched for att theire house, fined forty 
shillings. 

Josepth Allin, for being att a Quakers meeting, fined ten shilli ; and 
for making disturbance in the meeting on the Lords day att Scittuate, fined 
forty shillings. 

Att this Court, 

Edward Perrey, Gorg AlUn, 

John Newland, Josepth Allin, 

Ralph Allin, Daniell Wing, 

Wiliam Gifford, Thomas Ewer, 

Wiliam Allin, Richard Kerbey, Junier, 

Mathew Allin, Robert Harper, 

being summoned, appeered, and were seuerally demaunded whether they 
would take the oath of fidelitie and this g>sent goQment, which they all of 
them refused to doe. 

The fifty shilhngs fine amerced on Tho Butler, for refusing to serue in 
the office of cunstable, is assigned and disposed to Barlow. 

The Court haue allowed that a barrell of powder shalbee alowed out 
of the countreyes stocke, to bee spent att the generall training att Yarmouth 
this yeare. 

*It is ordered by the Court, that twenty pounds shalbee giuen and sent to r*195."| 
M' Ling, one of the Marchant Venterors att our first beginings, being fallen 
to decay and haueing felt great extremity and poverty, the said twenty pound 
being bestowed on him towards his releife, which is to bee proposed to the 
seuerall townshipes of this jurisdiction, that if any will giue voulentarily it 
shalbee put into such away as may conduce to the end aforsaid, and what such 



192 PLYMOUTH COLONY KECOKDS. 

1660. contribution will fall short of the said twenty pound, that it bee made vp out 
" ■• of the countrey stocke by the Treasurer. 

Prence I^ answare to the complaint of Wamsitta, about damage done by the 

Gou". swine of some of the inhabitants of Eehoboth in theii-e corne, the Coui't 
ordereth, that the Indians on the neckes called Annawamscutt and Keka- 
mewett shall make a sufficient pound to impound swine in the convenientest 
place they can, and haue libertie to impound such swine as treaspas them att 
any time in theire corn ; and they shall repaire to the towne clarke of Eeho- 
both, and desire hime to giue publicke notice therof, that the owners may take 
course to release the swine by satisfying the damage, which shalbee judged 
and leuied by some indifferent man of the English, chosen ' by the Indians 
treaspased ; and alsoe that then, with all convenient speed, the owners of the 
swine shall remoue them of from the said neckes to some other place att some 
considerable distance, soe as they may not bee likely to doe the like damage 
againe. 

In answare to Wamsitta, and an other Indian, called Willam, about a 
pcell of land layed claime vnto by them, as alsoe by a Narragansett sachem, 
and by the said sachem sold, to the great offence of the said Wamsitta and 
William, they affeirming that the said sachem hath nor never had noe enterest 
in it, and desired direction of the Court what to doe in the case ; the answare 
of the Court is, that they will request Captaine Willett to enquire into the 
case, and will doe therin as they shall see cause by further intelligence about 
the same. 
[*196.] *In answare to the request of Wamsitta, requesting Hbertie to purchase a 

smale pcell of powder for the vse of him and his brother, the Court haue 
ordered the Treasurer to bestow on him as a smale gratuitee haue a dozen 
pound of powder, but will not pmitt him to purchase the +same+ any. 

Att the ernest request of Wamsitta, desiring that in regard his father is 
lately deceased, and hee being desirouse, according to the custome of the 
natiues, to change his name, that the Court would confer an English name 
vpon him, which accordingly they did, and therfore ordered, that for the future 
hee shalbee called by the name of Allexander Pokanokett ; and desireing the 
same in the behalfe of his brother, they haue named him Phillip. 

The Court haue appointed and authorised M"" Timothy Hatherley to 
adminnester marriage in the township of Scittuate, and alsoe to graunt war- 
rants and supenaes for actions, and to adminester oathes either for glueing of 
euidence to grand jury, or otherwise if need require, for this g>sent yeare. 

The Court haue appointed the major and the Treasurer to treat with Wil- 
iam Barstow, conserning his proposition about a yearly repaire of the bridge 



COURT ORDERS. I93 

ouer the North Eiuer, and they are authorised to agree and conclude with him 1660. 
about the praises, as they shall see cause. ' ' "^ 

The sume of three pound is allowed by the Court towards the repairing pkenoe 
of the EeMuer bridge, to bee paied out of the treasury ; and it is desired by ^o""- 
the Court that it may bee made pasable for horse and foot before the next 
generall training. 

*Leif? Southworth and M' "VViliam Bradford are requested and appointed [*197.] 
by the Court to take a view of the land desired by the townshipes of Duxbur- 
row and Marshfeild, and to make report therof to the Court. 

M' Thomas Hinckley and Nathaneell Bacon are appointed and requested 
by the Court to sett the bounds of the lands graunted to the towne of Plym- 
outh att Sepecan. 

Att this Court the deputies of Plymouth requested in the behalfe of theire 
lands graunted to them ouer against Road Hand, instead of the lands graunted 
to Captaine Moris, might bee bounded, which the Court hath egaged to bee 
done with the first convenient oppertunitie. 

It is agreed by the Court, that a certaine young horse belonging to the 
countrey shalbee for the vse of a trumpeter, which shall appertaine to the 
troop of horse ; the said horse to bee att other times att the dispose of the 
Treasirrer, for the vse of the countrey, as occation shall require. 

Libertie is graunted vnto the major to admitt of soe many youllenteers 
into the troop of horse as will make vp theire number forty eight, the coinis- 
sion oiEcers excepted, and all such to continew three yeares att the least. 

M"^ Bradford, Constant Southworth, and "Wiliam Paybody are requested 
and appointed by the Court to lay out the land graunted to Captaine Standish 
att Satucquett Pond. 

M"^ Josias Standish is appointed by the Court, to joyne with any two 
whom the towne of Bridgwater shall appoint, to sett out the bounds of theire 
towne betwixt this and the last of July next, on the penaltie that the towne 
shall pay the sume of fifty shillings, which if forfeited, that then it shalbee 
payed to those that are appointed to laye out Cap? Standishes land, whoe are 
to lay out theire line, and they to doe it on the others behalfe. 

*A pcell of land, lying betwixt Tetacutt and Taunton, is to bee viewed [*198.] 
by Constant Southworth and Wiliam Paybody, and if it shalnot bee found 
within the bounds of Taunton, nor to neare Tetacutt, that then Wiliam Brett, 
John Willis, Thomas Haward, Seni', and Arther Harris haue a competency 
graunted and confeirmed vnto them, if it bee there to bee found ; if not, they 
haue libertie to looke out for further supply with what conveniency they can. 

Liberty is graunted vnto Richard Bourne and Thomas Tupper, Seni"", to 

VOL. III. 25 



194 PLYMOUTH COLONY RECOKDS. 

1660. looke out some land for theire accomodation towards the south sea, and that 
" "f ' then a competency wilhee graunted by the Court. The like liberty is graunted 
p vnto Gorge Barlow ; and that those that lay out Richard Bournes and Thomas 

Gou". Tupper shall alsoe lay out his. 

Conserning the lands graunted to the inhabitants of Eastham, lying from 
Yarmouth bounds to the lands which Wiliam Nicarson purchased, to the 
north bounds of the purchasers lands, the Coui't haue appointed M"" Thomas 
Hinckley and Ensigne Lumbert to take a view therof, and make report therof 
vnto the Court. 

A pcell of meddow, formerly called M"" Leueriches meddow, as being by 
him onely mowed, the said meddow lying att Manomett, is now graunted, 
with all and singulare the appurtenances belonging thervnto, vnto Thomas 
Burgis, Seni'', of Sandwich, to him and his heires foreuer. 

A pcell of meddow is graunted vnto Myles Black, lying att Mannomett, 
next towards the towne of Sandwich, to him and his heires for euer, with all 
the appurtenances. 

Three acres of meddow is graunted vnto Abraham Peirse, Seni"^, lying 
on the north side of the brooke att Namassakesett, with all the appurtenances 
belonging thervnto, to him and his heires for euer. 

Two acres of meddow, more or lesse, being a smale pcell lying att Laken- 
ham, neare the land that was John Barneses ther, is graunted to Wiliam 
Hoskines, to him and his heires foreuer, with all the appurtenances belong- 
ing to it. 
[*199.] *The seuerall townes within this gou''ment, haueing sent in theire deputies 

and impowered them to actc for the countrey, in all matters relateing to the 
trade att Kennebecke, they makeing theire appeerance 

Impri : it was agreed, that any former agreements, notwithstanding it 
shalbee lawfuU for the Gou"^ and his ptenors, thinges being as they are, to call 
home theire estates and seruants there when they shall see cause. 

And on the other side it is alsoe mutually agreed, that the countrey, or 
any that shall alow of, may att fsent, or when they please, goe and make some 
begiiiing of trad there, notwithstanding any bargaine with the said ptenors to 
the contrary. 

2'y. It was the vote of that coinittee, that if fine hundi-ed pound sterling 
could be obtained for the countreyes interest there, it should bee sold. 

3'y. It was by the said comittee refered to the major, Leiftenant South- 
worth, M' Constant Southworth, and Cornett Studson, and M"^ Josias "Winslow, 
Seni', or any three of them being fsent, either to sell or otherwise dispose of 
the said trad in the countreyes behalfe. 



COURT ORDERS. I95 

The Names of the Coinittee. 1660. 

M-^ Josias Winslow, Seni', John Willis, ^"77 

' 13 June. 

Constant Southworth, "Wiliam Sabin, Phence, 

M' Tho Howes, Thomas Tupper, '^°''''- 

Richard Higgens, Leiftenant James "Wyatt, 

Nathaneell Bacon, Nathaneell Warren. 
Robert Studson, 

*M' CoUyare, M' Aldin, Leiftenant Southworth, and M' Hinckley are [*200.] 
deputed to giue meeting to other att Taunton the fourth day of the last weeke 
in July, 60, to endeauor the settleing of such differences as are amongst 
them. 

It is ordered by the Court, that notice shalbee giuen to such of Yarmouth, 
Barnstable, and Sandwich, that did send in the oyle due to the countrey, that 
they are to take course that what is wanting in the barrells being full bee 
supplyed. 

The major & M"^ Josias Winslow, Seni', and Nathaneell Bacon were ap- 
pointed by the Court to take the coimtreyes account of the Treasurer. 

In regard that M' Alden is low in his estate, and occationed to spend 
much time att the courts on the countreyes occations, and soe hath done this 
many yeares, the Court haue alowed him a smale gratuity, the suine of ten 
pounds, to bee payed by the Treasurer. 

In answare vnto a request made to the Court by the widdow Vobes, 
requesting some supply of land in respect vnto the conditions of an indenture 
made betwixt M'' Isacke Allerton and her husband, John Vobes, late deceased, 
the Court giues liberty that any for her may looke out some land for her sup- 
ply, and a competency wilbee graunted and confeirmed vnto her. 

•Liberty is giuen to M'' CoUyare by the Court to sell stronge waters to [*20L] 
his naighbours, or any others, as hee shall thinke meet. 

It is ordered by the Court, that the countreyes house, bought of Cap? 
Willett, shalbee repaired att the charge of the countrey, and the Tresurer to 
take some speedy course for the doeing of it, and likewise to prouide some 
conueniency of beding there for speciall occations. 

These may certify all whome it may conserne, that three men, vizj, 15 July. 
Phillip Sliuer, Wiliam Johnson, and James Peirse, being att sea on fishing in 
a shallop, came neare Plymouth harbour, and resolued to come into the said 
harbour, on the fifteenth of June, 1660, the morning being rainey ; and when 
they were in the harbour, not being acquainted with it, haueing neuer bine 
there before, and the tide being out and a fogg on the shore, they followed a 



196 PLYMOUTH COLONY RECOKDS. 

16 6 0. certaine channell which led to the northerly end of the harbour, but not direct- 
' ^ ly to the towne, in which time a great storme of thunder, lightening, and 

15 July. ... . . -, 

Prence I'S'ine arose ; in which storme a stroake of thunder and lightening, by Gods 
Gou". ordering hand, ymediately the life of the said James Peirse was taken away, 
as appeers by the testimony of the enquest following : . — 

[*202.] *The Verdict of the Jury conserning the sudden Death of James Peirse, of 

Boston, late deceased, as foUoweth : — 

Wee, whose names are vnderwritten, being summoned by Leiftenant 
Southworth as a corrowners enquest, to enquire conserning the sudden death 
of James Peirse, doe testify that, on the fifteenth day of this instant June, 
1660, wee did view his corpes, and alsoe made dillegent enquiry of such as 
were in his companie att his death, and doe find that bee died by an emedi- 
ate hand of God by thunder and lightening, which appeereth by these cleare 
demonstrations, vizj : his body was burnt on the right side downe to the calfe 
of his legg, as alsoe his shirt burnt on his stomach and other ptes of it, his 
wastcoate being lased close with a fishing line, and not burnt, saue only scorched 
in the inside next to his shirt ; morouer, wheras they were in a boate in Plym- 
outh harbour in a storme of raine and thunder, the same blow of thunder 
which tooke away his life wee find did alsoe shiuer the mainemast of the 
boate wherin they were, about two thirds of the said mast from the candelens 
vpward, and the foremast was broken aboute two foot of it of; and the said 
James Peirse, being on the fore cuddy of the said boate, was strooke ouer- 
board, and wee conceiue that, posibly falling suddenly into the water, it 
might hasten his end ; whervnto wee haue subscribed our hands, the 15 of 
July, 60. 

his 
GYLES RICKARD, Seni^ THOMAS LETTICE, R mark, 
JAMES COLE, Seni', JOHN MOSES, 

SAMUELL HICKES, JOB ALMY, ^ his marke. 

JOSEPTH BRADFORD, ARTHER VERNAM, 

JOHN RICKARD, ij^g 

SAMUELL STURTIVANT, THO/^ LUCAS, 
JOHN MORTON, maxke. 



COURT ORDERS. 



197 



*Att the Court of Assistants holden att Plymouth the seauenth of 166 

August, 1660. 



Before Thomas Prence, Gou% 
Willam CoUyare, 
Jolm Aldiiij 
Josias Winslow, 

Assistants, &d. 



Thomas Southworth, 
Wiliam Bradford, and 
Thomas Hinckley, 



1 

7 August. 

Peence, 

Gou». 

[*203.] 



IN answare to Robert Barker, about Goodwife Thomas, the "Welchwoman, 
the Court ordereth that the said Robert Barker shall require and take 
into possesion such goods or chatties as are belonging to the said Welch 
woman, and soe to take her into his custitie, that shee may Hue in his house, 
and to see that shee doe not hue extrauigantly as formerly, and to pforme the 
conditions made with the towne of Duxburrow in that behalfe ; and incase shee 
should goe away att any time, the said Robert shall returne her estate againe 
to her, and in the mean time not to make any of it away or dispose of any 
pte therof vnlesse hee bee nessesitated thervnto to prouide clothing for her, or 
incase of sicknes or the like, and shalbee reddy to giue an account of what 
hee expends therof when required by the Court. 

"Wiliam Parker, of Scittuate, for pmiting a Quakers meeting to bee in 
his house, fined forty shillings. 

The said Wiliam Parker, for entertaining a strange Quaker, called Wen- 
locke, into his house, fined fine pounds. 

Wiliam Newland, for entertaining of the said Wenlocke, fined fine 
pounds. 

The mare, taken' with Peter Peirson, the Quaker, is released to the owner 
incase hee shall defray all nessesary charges for her keeping. 

*Att this Court, Winlocke Christopherson. one of those called Quakers, [*204.1 
appeered before the Court, and after examination and much speech with him, Soone after the 
the Court required him ymediately to depart the gou'ment according to the gaged to goe 
Courts order, which hee would not engage to doe, and soe was returned to the ^"^^'^^^^ ""* °^ 

° ° the gou'ment, 

prison from whence hee came. wheivpon hee 

Att this Court, Thomas Attkins, an inhabitant att the Riuer of Kenne- 
becke, appeered before the Court, haueing bine apprehended and comitted to 
jayle for comitting insest with his owne daughter, named Mary, whoe accused 
.him that hee had coinitted the said acte sundry times with her ; and being 



198 



PLYMOUTH COLONY RECORDS, 



1660. strictly examined hee deneyed that hee euer hee had to doe with her in that 

-< " kind, and was returned to the jayle againe, and there to remaine vntill the 

7 August. ^^^^ ^^^^^ ^^^ fhrther tryaU. The sume of the examination is elsewhere ex- 

Gou". tant in the Court. 



2 October. *Mt the Gencrall Court holden att Plymouth the 2"^ of October, 
[*205.] 1660. 



Befoke Thomas Prence, Gou"^, 
Wiliam CoUyare, 
John Aldin, 
Josias Winslow, 

Assistants, &d. 



Thomas Southworth, 
Wiliam Bradford, and 
Thomas Hinckley, 



T 



HE names of the deputies whoe appeered att this Court, being sumoned 
vpon speciall occation, were these following : — 



Att this Court, 
Cap' Cudworth 
appeered, be- 
ing bound, and 
others "with 
him, in the 
sume of fiue 
hundred 
pounds, and 
the bonds were 
canselled, and 
the said Cap' 
Cudworth for 
that p'sent 
cleared. 



John Dunham, Seni"^, 
Manasses Kemton, 
Robert Finney, 
Ephraim Morton, 
M' Constant Southworth, 
Wiliam Paybody, 
Leiftenant James Torrey, 
Cornett Eobert Studson, 
Thomas Tupper, 
Thomas Burgis, 
Leiftenant James Wyate, 
James Walker, 



M' Thomas Howes, 
M"' Edmond Hawes, 
Henery Cobb, 
Nathaneell Bacon, 
M'^ Josias Winslow, Seni"", 
Anthony Snow, 
Leif ? Peter Hunt, 
Wiliam Sabin, absent, 
Richard Higges, 
Josias Cooke, 
John Willis. 



Some conclusions were concluded and determined att this Court, by the 
joynt consent of the majestrates and deputies, which are elswhere extant in 
the Courts Booke of Lawes. 

The Court haue joyntly agreed the case respecting Captaine Cudworth, 
about the scandalous letter sent for England, suposed to bee pened by Cap? 
James Cudworth, shalbee tryed by way of action att the Court to bee holden 
for this gou'^ment the first Tusday in March next ensueing the date heerof, and 
Major Josias Winslow and M"^ Thomas Southworth are appointed and deputed 



COURT ORDERS. 199 

by the Court to implead the case, and it is left to theire libertie to make choise 16 60. 
of whome they please out of the deputies or freemen to bee assistant to them 
therin. 



2 October. 
Prence, 

*M'' John Browne, being deposed, testifyed in Court haueing heard a ^°"''- 
printed letter read, that is supposed to bee sent from Cap? James Cudworth to L '-I 
himselfe ; hee testifyed that hee did receiue a letter, subscribed James Cud- 
worth, of Scittuate, which was the substance of what hee had now heard, but 
to all pticulares his memory would not reach ; and further saith that when hee 
receiued the said letter hee did not question but it was his hand. 

The said Cap? Cudworth, being required to answare whether it was pefied 
by him or not, refused to answare directly, saying, if any thinge could bee 
produced Tnder his hand, hee would take to it, or to the like eiFect ; on which 
the Coiu't prepared for a further tryall of the case for the clearing of theire 
innossensy conserning the pmises, according to the manor before expressed, 
and the said Cap? Cudworth was for the ^sent released as aforsaid. 

Att this Court, Wenlocke Christerson, one of those called Quakers, ap- 
peered, being a forraigner, and comitted the second time for transgressing the 
law of the collonie prohibiting any such to come into these ptes, and was 
demaunded wherfore hee came againe, seeing that it was against the law of the 
countrey, but gaue noe satisfactory answare, and moreouer behaued himselfe 
turbulently and insolently before the Court, on which hee was sentanced by 
the Court to bee layed necke and heeles, which accordingly was pformed, and 
was afterwards demaunded whether hee would directly depart out of the gou""- 
ment, which hee refused to doe, on which hee was further sentanced to suffer 
corporall punishment by whipping, which accordingly was pformed, and forth- 
with according to the law sent out of the gou'ment. 

Att this Court, Caleb Lumbert, for abominable cursing and swearing, was 
sentanced to sitt in the stockes during the pleasure of the Court, which ac- 
cordingly was executed. 

*Att this Coiart, Thomas Attkins, inhabitant att the Riuer of Kennebecke, [*207.] 
and late prisoner att Plymouth, for coinitting insist with Mary Atkins, his 
owne daughter, came to his tryall according to law, which accordingly was 
procequted against him, by a bill of inditement prefered, and a jury of twelue 
men were impanneled for the tryall of the case, the prisoner examined, and 
all the euidence that could bee produced was ^sented. 

The said Thomas Atkins put himselfe vpon tryall of God and the 
countrey. 

The gr9,nd jury found the bill of inditement a true bill, and indorsed 
on it bella vera. 



200 



PLYMOUTH COLONY RECORDS. 



1660. The names of the petty jury, or jury of life and death, are as fol- 

loweth : — 




[*208.] 



sworne, i 



'W Thomas Dexter, Seni'', 

M"^ John Done, 

Thomas Huckens, 

M' AUexander Standish, 

John Tompson, 
[Nathaneell Warren, 



' Samuell Hickes, 

Wiliani Maycomber, 

Robert Denis, 

Gorg Patrich, 

John Rogers, 
^ Samuell Sturtivant. 



These brought in a verdict, wherin they expressed that they found the 
said Thomas Atkins not guilty of the said fact, and soe according to the law 
hee was cleared. 

And wheras, in the examination of the said Thomas Atkins, it appeered 
that on a time hee being in drinke in the night season in his owne house, hee 
offered some vnclean, insestious attempts to his owne daughter, Mary Attkins, 
abouesaid, in his chimney corner, as hee himselfe, in pte, confessed. Hee was 
sentanced to suffer corporall punishment by whiping, which accordingly was 
executed, and soe the said Atkins cleared and sett att Hbertie to returne to 
his owne home. 

*rines. 

A certaine Indian, called Saquatam, for coursing and hunting of horses, 
and taking them vp "contrary to order of Court, is fined twenty shillings ; 
and another Indian, called Quachevenett, for the same default in a different 
respect, fined ten shillings. 

Teage Jones, for being drunke seuerall times, fined six pounds. 

Thomas Jones, of Taunton, for being drunke twise, fined ten shilli. 

Thomas Lucas, for being drunke twise, fined ten shillings. 



These fined 
each ten shil- 
lings, accord- 
ing to the law. 



Diners psons fined for being 
Robert Harper & his wife, 
Josepth AUin, 
Benjamine AUin, 
John Newland and his wife, 
Wiliam AUin, 
WiUam Gifford, 
MatheAT AUin, 

The wife of Henery Dillingham, * 
Wiliam Newland and his wife, 
John Soule, of Duxburrow, 
Rodulphus Elmes, of Scittuate, 



att Quakers meetings. 
Peter Gaunt, 
Dorithy Butler, 
Obadiah Butler, 
John Jenkens, 
Richard Kerbey, Seni', 
Richard Kerbey, Juni"^, 
Jone Swift, 
John Smith, of Plymouth, Juni'', 

and Deborah, his wife, 
Lydia Hickes, of Plymouth. 



COURT ORDERS. 



201 



Henery Howland, for entertaineing a Quakers meeting in his house twise, 
fined foui'e pounds. 

These following convicted for refusing to take the oath of fidelitie : — 
Eobert Harper, Josepth Allin, 

John Newland, Eichard Kerbey, Juni', 

"Willanj GiflTord, John Jenkens, 

Mathew Allin, Ealph Allin. 

*Libertie is graunted vnto Eichard Bourne, in regard of his want of ac- 
coinodation of land, to looke out a portion of land for his supply therin, and 
incase hee can find any that may bee coinodiouse for him, that M"^ Aldin and 
M'' Hinckley, being deputed by the Court, shall view it and purchase it of the 
Indians, and make report therof to the Court, that soe a competency may bee 
confeirmed to him. 

Likewise alsoe M' Alden and M' Hinckley are appointed by the Court, 
in the behalfe of the towne of Barnstable, to purchase a certaine portion of 
land belonging to Janno, the Indian sachem. 

Thirty acres of land is graunted vnto Josepth Green, lying about Namas- 
sachesett Ponds, to bee layed forth for him by Constant Southworth, Treasurer, 
and Wiliam Paybody. 

The Major Winslow and Constant Southworth, Treasurer, are appointed 
by the Court to sett att rights some differences, occationed by incroach- 
ments vpon John Eouse his mersh, neare his iland in the great mersh att 
Marshfeild. 

*Wlieras, complaint is made by Thomas Lumbert, Seni"^, of Barnstable, 
that Jedediah, his sone, hath carryed stuburnly against his said father, and 
that hee is by him freed, prouided hee doe dispose himselfe in some honest 
family with his fathers consent, which if hee shall neglect to doe, the Court 
haue deputed M' Hinckley to dispose of him to some honest, godly family, 
with his and his fathers concent. 

Likewise M'' Hinckley is appointed by the Court to treat with Joanna, 
the wife of M' Thomas Bursley, late deceased, conserning the disposing of 
some pte of his estate vnto his children, that soe what is done on that behalfe 
may bee entered on the Court records. 

Cushenah is required to pay by rate for comon charges 
the sume of ... . 



01 : 10 : 00 



Sowamsett, the sume of , 
M"^ Brinton, the sume of . 
Cap? Cooke, the suine of . 
M' Briggs, the suine of . 
VOL. in. 26 



02:10 
00:10 
00:10 
00: 10 



00 
00 
00 
00 



1660. 



2 October. 

Prence, 

Gou". 



[*209.] 



[*210.] 




2 October. 
Pkence, 



PLYMOUTH COLONY KECOKDS. 

Cap? "Willett is to bee sent vnto to put those that haue lands att Sowam- 
sett into some way for the leuiing and paying of theire rates. 

The like to Arther Hathewey and Sarjeant Shaw, for theirs att Cushenah. 



Gof". And likewise to M' Brenton, Cap? Cooke, and M' Briggs. 



3 December. *Jitt tt Couft of ^ssistuTits held ott Plymouth the 8^ of December, 
[*^11-] 1660. 

Befoke Wiliam Collyare, Thomas Southworth, and 

John Aldin, "Wiliam Bradford, 

Assistants, &(3. 






RES of adminnestration were graunted vnto the wife of Jeremiah Bur- 
roughs, late deceased, to adminnester vpon his estate ; and shee is 
ordered by the Court to repaire to Major Winslow, and hee is ordered and 
requested by the Court to take oath to the inventory of the said estate*, and to 
order matters respecting the childrens portions, and other pticulares, as occa- 
tion shall require therabouts, and to returne what hee hath acted therin vnto 
the Court. 

Conserning the controuersy depending betwixt Wiliam Clarke, of Dux- 
burrow, and John Washburne, Juni', about a peece of marsh meddow, the 
Court haue ordered, that incase the said pties agree not about the said contro- 
uersy betwixt this Court and the next Coui-t of Assistants, that then they are 
to repaire to the said Court, and they shalbee heard. 

The Court haue ordered, that M' Collyare, M' Aldin, and the Treasurer 
are to meet together the first Tusday in January next, to settle matters about 
the estate of Goodwife Hunt, betwixt her and her children. 
[*212.] *'Wheras Ephraim Hickes, of Plymouth, the tweluth day of December, 

anno Dora 1649, died a violent death, and that the night before his decease 
hee expressed a few words to M"^ Thomas Southworth about the disposing of 
his outward estate, which said will nuncapatiue was found by the Court to 
bee vnvalled and ilegall, for that the said Ephraim Hickes was not in a capas- 
sitie in regard of his said manor of death to make a legall will, soe that the 
said estate faling to the Court to bee att theire dispose, they, for sundry causes 
moueing them thervnto, then ordered that the said estate should bee improued 
for the comfort and -support of Mistris Margarett Hickes, the mother of the 
said Ephraim Hickes, in her age and widdowhood, according to theire approba- 



3 December. 
Pkence, 



COUET OEDERS. 203 

tion and aduise ; and wheras, thi-ough some neglect, it soe is that the said 1660. 
order of Court was not recorded, now, vpon the speciall complaint of the said 
Margarett Hickes, of the said neglect, — 

This Court therfore ordereth, that forasmuch as it appeereth that there Gotj". 
was a manifest neglect in that the said order was not recorded, and that the 
species therof is well remembred and fully attested and testified vnto by- 
some whoe were in place when the said order was first made, whoe are still 
suruiueing, that the said order shalbee now entered in the records of the 
Court, and accordingly it is entered as foUoweth, vizj — 

It is ordered by the Court, that the whole estate of Ephraim Hickes, 
deceased, shalbee improued for the comfort and support of Mistris Margarett 
Hickes in her age and widdowhood, and not estranged from the same, and 
that some speedy course bee taken that the said estate may bee secured and 
improued for the ends aforsaid, according to the approbation and aduise of 
the Court. 



*Att a Court of Assistants holden att Plymouth the fift of February, \ 6 60-1. 

1660. • ^ 

5 February. 

r*2i3 1 

Before "Wiliam Collyare, Thomas Southworth, and 

John Aldin, "Wiliam Bradford, 

Assistants, &fi. 

VPON the complaint of John Barnes against Josepth Billington, for neg- 
lecting to pay him a debt of thirty-fiue shillings, the said Billington 
not appeering according to sumons, being lame, an order was sent to him from 
the Court requireing him to satisfy the said debt betwixt this date and the 
Court to bee holden att Plymouth the first Tusday in March next ensuing, 
or otherwise the Court will then take further course with him about. 

Att this Court, Wiliam Bfiap and Peter Peirson, two of those called 
Quakers, being forraigners, were ^sented before the Court, haueing bine 
apprehended by the marshall and constable of Sandwich att a Quakers meeting 
att Sandwich. The Court examining them about the g>mises, the said Eeap 
answared that bee had liberty graunted him by a majestrate to goe to Sand- 
wich and Barnstable about marchandising afiaires ; and the said Peirson said 
bee canie to see his frinds, meaning the Quakers of Sandwich. In fine, after 
some speech betwixt the Com-t and them, and some menaceing speeches and 



204 PLYMOUTH COLONY RECORDS. 

16(50-1. proud carriages and expressions vttered by the said Wiliam Reap, and some 

'^ ' friuolous speeches vttered by the said Peirson, the law of the coUonie was 

read vnto them, and they accordingly required to depart on the morrow out 

Gou". of the gofiment directly, life and health and weather pmiting ; and for that 

night the one of them, vizj, Wiliam Reap, was ordered to lodge att the house 

of John Smith, if hee pleased, and the other of them, vizj, Peirson, was ordered 

to lodge att the ordenary, forasmuch as hee had not the like occations, att 

least in g>tence, as the other to come into the goQment, and alsoe had bine 

heer in this gofiment diuers times. On the morrow, which was the sixt of 

February, they tooke theire joui'ney towards Road Hand. 

[*214.] *Att this Court, Constant Southworth, Treasurer, and Wiliam Paybody, 

were appointed by the Court to settle the bounds betwixt the mersh of John 

Washburne, Juni'', and the comons in the marsh att Greensharbour. 

Att this Court, John Baddo, servant to Wiliam Newland, was ^sented 
before the Court, haueing bine comitted to jayle for runing away from his said 
master, and takeing away his mare with him, and pUoyning of some other 
thinges ; and after examination and conviction, the said Baddo was ordered to 
returne vnto his said master againe, and warned to carry better ; and it was 
further expressed to him by the Court, that forasmuch as hee manifested sor- 
row for his said fact, that therfore riggor of law should not bee executed vpon 
him for the same ; neuerthelesse, hee was sentanced by the Court to bee pub- 
lickly whipt, which accordingly was pformed. 

Att this Court, a summons was directed from the Couii to the cunstable 
of Sandwich to require Peter Gaunt, Wiliam AUin, Mathew Alhn, Gorge 
AUin, John Newland, Josepth AUin, Phillip AUin, Richard Kerbey, Sen"^, 
Richard Kerbey, Jun', & John Jenkens, all psonally to appeer att the Court 
to bee holden att Plymouth the first Tusday in March next ensuing the date 
heerof, to answare for theire tumultuouse carriages against the marshall and 
cunstable of Sandwich in the execution of theire offices in the cecuring of two 
Strang Quakers. 

Att this Court, Joshua Coxall, of Road Hand, for breach of a law pro- 
hibiting any strange Quaker to ride on any horse within this jurisdiction, 
forfeited his horse by that law^ which said horse was seized by Marshall 
Barlow for the vse of the coUonie. 



COUKT ORDERS. 



205 



*Att the Generall Court held att JYew Plymouth the fift of March, 1660-1 

5 March. 

Peence, 
Gou". 

[*215.] 



Before Thomas Prencej Gou', 
Wiliam CoUyare, 
John Aldin, 
Josias Winslow, 

Assistants, &(3. 



Thomas Southworth, 
Wiliam Bradford, and 
Thomas Hinckley, 



A TT this Court, John Hawes, of Yarmouth, was indited for violently and 
JLjL. hy force of armes takeing away the life of Josepth Eogers, of Eastham, 
by giueing him a most deadly fall, on the 25 of December, 1660, in the towne 
of Eastham, whereof and whervpon hee did most vehemently complaine, and 
about 48 houres after died. 

The said John Hawes did put himselfe vpon tryall by God and the 
countrey. 

The grand jury found the bill of inditement a true bill. 



The names of the petty jury, or jury of life and death, that had the tryall 
of this case, as foUoweth : — 



sworne. 



' M'' Josias Winslow, Seni', 
Leiftenant James Torrey, 
Cornett Robert Studson, 
Robert Finney, 
Ephraim Morton, 
SamueU Hickes, 



sworne. 



' Wiliam Paybody, 
SamueU Sturtivant, 
Ephraim Tinkham, 
Steuen Bryant, 
John Sutton, 
Benjamine Bartlett. 



These brought in a verdict wherin they expressed that they found that 
the said John Hawes was not guilty, and soe according to law hee was cleared 
in the open Court and released. 



•Josepth Siluester, of Marshfeild, doth acknowlidge to owe and to stand 
indebted vnto his ma*^% his heires and successors, in the suiiie of twenty 
pounds sterlinge in good and current pay. 

The condition of this obligation is, that incase Dina Siluester shall and 
doth appeer att the Court of Assistants to bee holden att Plymouth the first 
Tusday in May next, and attend the Courts determination in reference to a 
complaint made by Wiliam Holmes and his wife about matter of defamation. 



[*216.] 



206 PLYMOUTH COLONY RECOKDS. 

1660-1. that then this obligation to bee void, or otherwise to remaine in full force 
^ "^ and vertue. 
Pbenoe* ^^ witnes, the aboue bounden hath heervnto sett his hand, this 9"^ of 

Gov". ' March, 1660. 

JOSEPTH SILUESTER. 

Att this Court, Robert Whetcomb and Mary Cudworth, for disorderly 
coming together without consent of parents and lawfuU marriage, is sentanced 
to pay ten pounds fine and imprisoned during the pleasure of the Court ; and 
being desirouse to bee orderly married, accordingly were this 9"^ of March, 
1660. 

Ezekiell Mayne, for accompanying and countenancing of the said ptyes 
in theire extrauigant course for the accomphshing of theire eregulare purposes, 
was fined twenty shillings. 

Gorge Barlow, for causeing Benjamine AUin to sitt in the stockes att 
Sandwich the greatest pte of a night without cause, and for other wronges 
done by him vnto the said Allin, was fined twenty shillinges, to bee payed 
vnto the said Benjamine Allin. 

Likewise the said Gorge Barlow is ordered by the Court to restore vnto 
Ralph Allin a shirt, and some other smale Hnnine, which hee tooke from him 
in the psuite of Wenlocke. 
[*317.] *In reference vnto a petition prefered to the Court by Mistris Margarett 

Hickes, the Court haue ordered, that the said Margarett Hickes shall chose 
one man, and Samuell Hickes another man, to arbetrate the case betwixt 
them ; and incase they can not agree, that then the said arbetrators shall 
choose a third man to bee vmpire, and as hee shall agree and conclude of 
matters in controuersy betwixt them, soe shalbee the the finall end therof ; 
and incase they, vizj, the said Margarett Hickes and Samuell Hickes, doe 
not or will not chose men as aforsaid, that the the Court will chose men and 
depute men to arbetrate the case and put it to a finall end. 

The Gotf is authorised by the Court to giue oath to Susana, the wife of 
the late deceased Josepth Rogers, for the truth of the inuentory of his estate. 

Twenty shillinges,. that was leuied vpon Thomas Butler by the marshall. 
Barlow, for a fine for his wife and son being att a Quakers meeting*, was 
remitted and released to the said Thomas Butler againe. 

Ten shilHngs fine remitted to Rodulphus Elmes. 

Thomas Lucas, for being drunke the third time, sentanced according to 
order to find surties for his good behauior. 

Thomas Lucas oweth our sou' lord the King the sume of 20 : 00 : 00 



COURT ORDERS. 207 

John Wood the suriie of 10:00:00 1660-1. 

Gorge Bonum the suine of 10 : 00 : 00 ' '' ' 

The condition, that if the said Thomas Lucas bee of good behauior rpuENCE 
towards our sou"^ lord the Kinge and all his lelch people, and appear att the Govemor.] 
Court to bee holden att Plymouth the fii-st Tusday in June next, and not depart 
the said Court without lycence ; that then, &S. 

*Thomas Lucas, for his f>senting himselfe in the Court distempered with [*218.] 
drinke, and for his vnbeseeming behauior both in words and jesturs before the 
Court and towards some of the majestrates, was sentanced by the Coiurt to bee 
comited to prison and to pay a fine of forty shillinges. 

James Cole, Seni'', for selHng wine to the Indians, fined ten shillings. 

Likewise Gyles Eickard, for the same default, fined ten shillings. These 
pties, pleading ignorance of the order of Court prohibitting the seling of wine 
or strong liquors to the Indians, were not fined according to the extremitie 
of the order, but each ten shillinges, as aforsaid. 

John Soule appeered att this Court to answare a f>sentment, and pre- 
tended that bee wanted euidence att ^sent to cleare vp the case, and ther- 
fore the matter was respeted vntill the next Court of Assistants, and then hee 
is to appeer againe before the Court ; and incase hee can not cleare vp the 
matter noe better than hee hath done, hee is sentanced to sit in the stockes 
during the pleasure of the Court. 

Wheras this Court is giuen to vnderstand that there are sertaine cottages 
to bee erected, or in erecting, within the towneship of Yarmouth, contrary to 
order of the Court, the Court ordereth M"^ Anthony Thacher and M'' Thomas 
Howes, Seni"', that they take dilligent care henceforth, from time to time, that 
noe more houses bee erected there contrary to the said order ; and incase any 
after theire prohobition shall psist soe to doe, then they to signify the same to 
the Court, and attend their further order. 

Dina Siluester, being examined, saith the beare shee saw was about a This was or- 
stones throw from the higheway when shee saw it ; and being examined and '^^^ ° "^"^ 
asked what manor of tayle the beare had, shee said shee could not tell, for his clearing of a 

report about 

head was towards her. Wm Holmes 

*Lres of adminnestration was graunted vnto Joane, the wife of Edward ^^^ ™K 

'^ ' accused to bee 

Tilson, late deceased, to adminnester vpon his estate, and to pay all such debts «■ witch. 
as are owing to any. L ~^''-j 

The Court haue further ordered, that the said Joane Tilson her husband 
dying without will, and forasmuch as shee hath bine a true labourer with him 
in the procuring of his estate, that shee shall haue thirty pounds sterling out 
of the said estate as her owne proper-, to her and her heires for euer ; and for 



208 PLYMOUTH COLONY RECORDS. 

1660-1. the remainder of the said estate, that the younger children bee made equall 
» ~' to the elder in what they haue had, and for the remainder, after that is 
Pkenoe done, that it bee equally deuided amongst all the children in equall pro- 
GoD^ portions. 

M'' Samuell Hinckley, Henery Cobb, John Cooper, John Jenkens, and 
Samuell Fuller, of Plymouth, are aded to the purchasers att Saconeesett and 
places adjacent, to bee equall with the said purchasers in charges about the 
said lands, and to haue equall proportions of accomodations amongst them in 
the said lands. 

It is ordered by the Court, that M' Alden and M' Hinckley shall repaii-e 

to the South Sea aboue Sandwich, and view the meddow there, and to . order 

a competency therof to Richard Bourne ; and likewise to view the meddow 

att Mashpee, and to order the matter about Myles Black and Thomas Burgis, 

Seni'', theire fraudulent procuring of a graunte of meddow neare Mannomett, 

and to make report vnto the Court of what they haue done in the ^mises. 

Ten shillings A blacke horse was cryed att this Court, which was the horse which was 

Trustrum Hull ^^ controuersy betwixt Trustrum Hull and M"^ Thomas Bourne. This is 

for charges of refered to the Court of Assistants to bee holden in May next, to bee fully 

attendance 

about this ended. 

liorse. *The seauenth of February, 1660. 



[*220.] 



Wee, whose names are vnderwritten, being impannelled on a jury to 
enquire how Jeremiah Burroughs, of the towne of Marshfeild, came by her 
death, wee find, that hee, coming in a smale cannoo to fech some goods hee 
had in John Bournes boate, and reaching with his hand to lay hold of the 
boate, reached short, and see fell into the water, wherby hee came by his 
death ; and see wee say all. 

JOSIAS WINSLOW, 
PEREGRINE WHITE, 
JOHN BRADFORD, 
JOSEPTH BEDLE, 
WILtAM FOARD, 
ANTHONY SNOW, 
THOMAS TILDEN, 
JOHN CARUER, 
ELISHA BESBEY, 
GORGE RUSSELL, 
TIMOTHY WILLIAMSON. 

Memorandum : that some course bee thought on and ordered about smale 



COURT ORDERS. 209 

and naughty cannoos, and in speciall about this cannoo in the which Jeremiah 16 6 0-1. 
BuiTowges went vnto the boate in which hee came by his death. "^ " ~^' 

A T.- m uTTiTi ^ 5 March. 

Att this Court, M"^ John Browne & Captaine Willett was appointed by pbence 
the Court to apprehend Henery Hobson, of Road Hand, and to take cecuiitie ^o""- 
for his appeerance att the Court att Plymouth to answare for his derision of 
authoritie in counterfeiteing the solemnising of the marriage of Robert "Whet- 
com & Mary Cudworth. 

Att this Court, Ralph AUin, Wiliam AlHn, Gorge AUin, and Josepth 
Allin were conuict of refusing to take the oath of fidellitie. 

Att this Court, ten shillings fine was remitted to Peter Gaunt, which was 
leuied vpon a mistake. 

Att this Court, a certaine Indian called Caucantawashuck appeered before 
the Court, haueing bine committed to prison for stealing diuers thinges from 
diuers psons att Taunton, which was proued to his face, and by him owned 
and confessed. Hee was heard and examined, and againe comitted to prison, 
and sence hath broken prison and is fled. 

Memorandum : that John Weston bee warned to appeer att the next 
Court, to answare for abusing one of the grandjury men. ^ 

Att this Court, Sarjeant Tickner was fined twenty shillings for striking 
and abusing Josepth Wormall, of Scittuate. 

*Wheras att the Generall Court holden att Plymouth the seauenth of [*221.J 
June, 1660, Leiftenant Southworth and M"" Wiliam Bradford were appointed 
by the Court to take a view of lands desired by the towneshipes of Duxburrow 
and MarshfeUd, and to make report therof vnto the Court, which accordingly 
they haue done ; and accordingly the Court haue graunted and confeirmed 
vnto the said townshipes of Duxburrow and Marshfeild a tracte of land as 
followeth, vizj : bounded into the woods from the northwest end of Joanses 
Riuer Pond, with a direct line to Indian Head Riuer ; and on the north bounds 
to the Indian Head Riuer ; the south side to cojne home to Plymouth bounds^ 
soe high as this graunt goeth westwards, that is, as high as Joanses Riuer 
Pond, prouided that this abouesaid graunt doe not intrench vpon or infringe 
any former graunt to any pson or psons whatsoeuer, and alsoe that M"^ Wiliam 
Bradford, hee nor his heires nor assignes, shall not bee hindered of comonage 
by the abouesaid graunt. 

Wiliam Hoskins standeth engaged to the Court, and is responsable to 
pay and to answare John Beasell, or any of his assignes, for sundry pticulares 
which hee receiued from the constable of Plymouth, which were by him 
attached ; which said pticulares were apprised by Major Winslow and Cap- 
taine Willett, appointed by the Court. 

VOL. 111. 26 



210 PLYMOUTH COLONY RECORDS. 

1660-1. Item, ahatt, 01:05:00 

' < ■ U, 4 yards of ribband att S-* p yard, 00 : 02 : 08 

5 March. 

Pkence K, 26 yards of ribband, att 4'* P yard, 00:08:08 

Gou-.' n^ a paire of stocken, 00 : 03 : 00 

K, a green say apron and stringes. 

Sixteen shilKngs and foure pence Gyles Kickard, Seni', demaunded as 
due from the abouesaid John Beasell to him, and was found to bee a just 
demaund for debt the said Beasell oweth him ; and Willam Hoskins standeth 
engaged to see him satisfyed the said suine, and hath promised to pay it by 
John Barnes. 
[*222.] *Att this Court, Hester, the wife of John Eickard, for laciuiouse and 

vnaturall practices proued by a ]^sentment, was sentanced to sit in the stockes 
during the pleasure of the Court, and to weare a paper on her hate, on which 
her facte was written in capitall letters, all the time shee was to sit in the 
stockes ; all which was pformed. 
Released, pay- Josepth Dunham, for diuers laciuiouse carriages, was sentanced by the 

ing his fees. ^^ , . 

Court to sitt in the stockes, with a paper on his hatt on which his fact was 

written in capitall letters, and likewise to find surties for his good behauior. 

Josepth Dunham oweth vnto our soil lord the Kinge 1 " 

, _ ^ ^ ^ 20:00:00 
the sume oi J 

John Dunham, Seni', the suine of . . ■ . . . . 10 : 00 : 00 

Nathaneell Morton the sume of 10 : 00 : 00 

The condition, that if the said Josepth Dunham shalbee of good behauior 
towards our soQ lord the Kinge and all his leich people, and appeer att the 
Generall Court to bee holden att Plymouth the first Tusday in June next, and 
not depart the said Court without lycence ; that then, &6. 

It was ordered by the Court, that Mary, the wife of Edward Cobb, of 
Taunton, should bee sumoned to appeer att the Court to bee holden att Plym- 
outh the first Tusday in May next, to answare for her miscarriages, as appeers 
by a deposition giuen in to the grand enquest against Josepth Dunham. 



COURT ORDERS. 211 

*Mt the Court of Assistants held att Plymouth the seauentn of 1661. 

May, 1661. ^— v— 

7 May. 

. [Pkence, 

Before "Willam Colyare, Thomas Southworth, and Goc". 

JohnAlden, Wiliam Bradford, [*223.] 

Josias Winslow, 

Assistants, &5. 

THOMAS BURGE, JUNP, of Sandwich, acknowlidgeth to owe vnto oui- These bonds 
soQ lord the King the sume of an hundred pounds sterling, Thomas arawne. 
Burge, Setf, the sume of fifty pounds, and Esra Perrey the suine of fifty 
pounds. The condition, that if the aboue bounden Thomas Burge, Juni', 
shall and doe appeer att the Generall Court of our said soQ lord the King to 
bee holden att Plymouth aforsaid the first Tusday in June next, to answare 
for a fact of vncleanes comitted by him, and in the interem not imbezell away 
his estate, and not depart the said Court without lycence ; that then, &6. 

Conserning the complaint of Wiliam Holmes, of Marshfeild, against 
Dinah Siluester, for acusing his wife to bee a witch, the Court haue sentanced, 
that the said Dinah Siluester shall either bee publickly whipt or pay the suine 
of fine pounds to the said Wiliam Holmes ; or incase shee, the said Dinah 
Siluester, shall make a publicke acknowHdgment of her fault in the fmises, 
that then shee shall beare onely the charge the plaintiffe hath bin att in the 
procecution of his said suite ; the latter of which was chosen and done by the 
said Dinah Siluester, vizj, a publicke acknowlidgment, made as foUoweth : — 

*May the 9*^ 1661. 9 May. 

To the honored Comt assembled : Wheras I haue bin convicted in mat- [*224.] 
ter of defamation conserning Goodwife Holmes, I doe freely acknowHdg I 
haue wronged my naighbour, and haue sined against God in soe doeing ; 
though I had entertained hard thoughts against the woman ; for it had bine 
my dewty to declare my grounds, if I had any, vnto some majestrate in a way 
of God, and not to haue devoulged my thoughts to others, to the womans 
defamation. Therfore I doe acknowlidg my sin in it, and doe humbly begg this 
honored Court to forgiue mee, and all other Christian people that bee offended 
att it, and doe promise, by the healp of God, to doe soe noe more ; and 
although I doe not remember all that the wittnesses doe testify, yett I doe 
rather mistrust my owne memory and submitt to the euidences. 

The marke (£f^ of DINAH SILUESTER. 



7 May. 
PreNce, 



212 PLYMOUTH COLONY RECORDS. 

1 G G 1 . Att this Court, Ann, the wife of Thomas Sauoiy, was fsented before the 

Court to answare for being att home on the Lords day with Thomas Lucas att 
vnseasonable time, vizj, in the time of publicke exercise in the worshipe of 
Gou". God, and for being found drunke att the same time vnder an hedge, in vnciuell 
and beastly manor, was sentanced by the Court as followeth, vizj : for her 
accompanying of the said Lucas att an vnseasonable time as aforsaid, she was 
sentanced to sitt in the stockes during the pleasure of the Court, which accord- 
ingly was pformed and executed ; and for her being found drunke as aforsaid, 
fined fiue shillings ; and for prophaning the Lords day, fined ten shillinges, 
according to the lawes in such cases prouided. 

Conserning Thomas Lucas his being found drunke att the same time 
aboue expressed, and therby, as alsoe otherwise, breakeing his bonds for the 
good behauior, it is refered to the next Court for fuither consideration. 

[*225.] *It is ordered by the Court, that wheras Richard Child was reqidred by 

an order of Court att ^ , directed from the Court held att Plymouth the fift 
of March, 1660, to desist from erecting a cottage in the bounds of Yarmouth, 
which is contrary to a law established prohibiting the erecting of such like 
cottages, this Court, takeing notice that the said order is not by him attended, 
haue ordered that the said Richard Child bee forthwith arested, and by sufii- 
cient surties secured, soe as hee may bee forth coming att the Court to bee 
holden att Plymouth in June next, to answare for his contempt of the aforsaid 
order, and likewise in the mean time to desist from proceeding in the finish- 
ing of any such cottage now by him in building. 

A writing or protestation appointed to bee recorded, as followeth : — 

The occation of our coming into this harbour of Plymouth is this : that 
by crosnes of wind and weather, wee haueing beat soe long to gett into Ver- 
ginnia till all our victualls were soe neare spent that wee had not bin able to 
subsist had not wee mett with a shipp which spared vs a little victualls ; soe 
after that wee beat soe longe till that victualls and our water was very neare 
spent, and still the winds kept contrary ; and finding our selues soe fare to 
the eastward, and noe hope of giting into Verginnia, were in hope to gett to 
Monhatoes, but could not, and soe were forced to come to this place to recrute, 
the winds still hanging westerly ; and soe doe intend, after wee haue taken 
in such nessesaries as wee want, to sett sayle, God willing, the fii-st oppertu- 
nitie of wind and weather, for our Intended port in Verginnia, according to 
the orders of M' John Saifin. 

This aboue written was attested vpon the oaths of John "Watson, master. 



COURT OEDERS. 



21-3 



Timothy Blayes, masters mate, and Arther Varname, carpenter, of the barq^ue 
Tryall, in the Court held att Plymouth May the 8"", 1661. 

*Wiliam Randall was ordered by the Court to procure Leif? Torrey 
forthwith to lay out the lands of the said Wiliam Eandall according to his 
engagement, that soe others may not bee damnify by his neglect therof. 

A note was giueninto this Coui-t of the names of such of entertained 
foraigne Quakers att Sandwich. 

"Wiliam Allin entertained Christopher Holder. 

Wiliam Newland entertained one forraigne Quaker. 

Peter Gaunt entertained two forraigne Quakers. 

Certaine psons of Sandwich, for refusing and neglecting to assist the 
marshall. Barlow, in the execution of his office, were fined as foUoweth : — 

Josepth Chandeler ten shillings. 

Richard Smith ten shillings. 

ISTathaneell Pish fine shilhngs. 

Josepth Prior, for pilfering and stealing, in speciall for steaUng of a paire 
of button moidds out of the house of M'' Thacher, of Waymouth, was sen- 
tanced to sit in the stockes during the pleasure of the Court ; which accord- 
ingly was executed. 

Ralph Smith, for lying in and about the neglect of his duty, about a war- 
rant directed to him, and conserning the seeing or not seeing a whale, and 
other misorderly carriages tending to disturbance in the towne of Eastham, 
was fined twenty shillings. 

*A Verdict of Jury ordered to bee recorded. 
The 23'! of the 12% 1660. 
Psons nominated by the Constable. 
M' Josepth Pecke, Wiliam Sabin, 

Father Bowin, Henery Smith, 

Deacon Cooper, Josepth Pecke, 

Leiftenant Hunt, John Perren, 

John Read, John Smith, 

Robert Fuller, Richard Bowin, Juni"". 



1661. 



7 May. 
[*226.] 



[*227.] 



This jury haue heard what any pson or psons could euidence conserning 
Wiliam Day his being found in his masters barne dead ; and they doe all with 
one voyce deliuer this in as their e verdict : that the forename d Wiliam Day 
was a selfe murderer. 

Attested vpon oath before mee, this 7"" day of Aprill, 1661. 

THOMAS WILLETT. 



214 



PLYMOUTH COLONY RECOKDS. 



1661. 

■ r— — ' 

4 June. 

[*228.] 



*Att the Generall Court holden att Plymouth the fourth Day of 

June, 1661. 



Befoke Thomas Prence, GoQ, 
Wiliam Collyare, 
John Aldin, 
Josias Winslow, 



Thomas Southworth, 
Wiliam Bradford, and 
Thomas Hinckley, 



M 



Assistants, &S. 



K THOMAS PEENCE was chosen GoQ, and sworne. 



• were chosen Assistants, and sworne. 



Wiliam Collyare, 
John Aldin, 
Thomas Willett, 
Josias Winslow, 
Thomas Southworth, 
Wiliam Bradford, and 
Thomas Hinckley, 
Constant Southworth was chosen Treasurer, and sworne. 



The names of the deputies of the seuerall townes that serued att this 
Court are as foUoweth : — 



John Vincent 
did not appeer, 
and was fined 
according to 
order. 



M' John Howland, 
John Dunham, Seni"^, 
Ephraim Morton, 
ISTathaneell Warren, 
M*^ Constant Southworth, 
Wiliam Paybody, 
Leiftenant James Torrey, 
Cornett Studson, 
M' John Vincent, 
Thomas Tupper, 
Leiftenant James Wyatt, 
James Walker, 



M"^ Thomas Howes, 
M' Edmond Hawes, 
Henery Cobb, 
Nathaneell Bacon, 
M' Anthony Eames, 
Anthony Snow, 
Leiftenant Peter Hunt, 
Wiliam Sabin, 
Leiftenant John Freeman. 
Josias Cooke, 
Wiliam Britt. 



Leiftenant Southworth was approued and appointed by the Court to bee 
captaine of the milletary company of Plymouth. 



COURT ORDERS. 



215 



*The Grand Enquest. 



sworne. 



' Daniell Cole, 

M'' Josias Winslo-w, SemF, 

Edward Jenkens, 

Robert Finney, 

John "Rogers, 

Gorge Patrick, 

Isaacke Chettenden, 

Francis Smith, 

Esra Perrey, 
_ Henery Saunders, 



Wiliam Crow, 
Francis Street, 
Josepth Howes, 
John Russell, 
Henery Bourne, 
Wiliam Crocker, 
John Fitch, 
Samuell Carpenter, 
Samuell Tompkins, 
John Whilden, 



Scittuate, 



The Constables of the seuerall Townes. 

Plymouth, "Wiliam Harlow. 

Duxburrow, Henery Sampson. 

Mathyas Briggs, 
Rodulphus Elmes. 

Sandwich, Benjamine Nye. 

Taunton, Wiliam Haruey. 

Yarmouth, Thomas Boardman. 

Barnstable, Trustrum Hull. 

{ John Rogers, 
\ John Caruer. 

Rehoboth, Thomas Cooper. 

Eastham, John Done, Juni^ 

Bridgwater, John Haward, Juni^ 



Marshfeild, 



Surveyors of the Highwayes.- 

Robert Bartlett, 



Plymouth, 



Scittuate, . 



Andrew Ringe, 

John Dunham, Juni"^. 
( My Josepth Tilden, 
[ Humphrey Johnson. 



1661. 

4 June. 

Peenoe, 
Gou". 

[*229.] 



sworne. 



*The comittee appointed to take the account of the Treasurer for the 
countrey were Major Winslow, Josias Cooke, Leiftenant Torrey, Nathaneell 
Bacon, and Nathaneell Warren. 

The account is entered into the booke of the Treasurers accounts. 

Libertie is graunted vnto Major Josias Winslow and others the first 



[*230.] 



216' PLYMOUTH COLONY RECORDS. 

1661. borne children of the jurisdiction of New Plymouth, in reference vnto an 

^ order or graunt of the Coirrt bearing date 1633, to purchase certaine pcells 

Pkence °-^ IsiT^i for theire accomodation, vizj, a pcell next to the Massachusetts bounds, 

^°""- and another pcell bet-ween Namassakett and Bridgwater, and to make report 

^111. S TV3.S 

grauntedinah- therof vnto the Court, that soe such may bee accomodated as aforsaid. 

sware to a peti- jjj answare to a petition prefered to the Court by sundry of the freemen 

tion prefered to 

the Court by of T'aunton, the like libertie is graunted. 

are heer ex- John Carye is admitted by the Court to haue equall enterest in the 

pressed, whose graunt made to Arther Harris, John Willis, and others, of Bridgwater, for 

names are ex- ° ^ ' u 

tant in the said accomodation of lands. 

"Wiliam Britt and Willam Paybody are appointed by the Com-t to run 
the line vpon the bounds of Taunton, that soe they may know theire true 
bounds on the one side, which att ^sent they are vncertaine of. 

The names of Libertie is graunted vnto some whoe were formerly servants, whoe haue 

these are ex- i i i i i • i /-i 

tant in theire J^3,nQ Que vnto them by couenant, to nominate some psons to tne Oourt or to 
petition pre- gome of the maiestrates, to bee deputed in theire behalfe to piuxhase a pcell 

feredtothe _ r f 

Court. of land for theire accomodations att Saconett. 

+The Court haue ordered, that M' Thomas Hij^ckley, Richard Bourne, 
and Nathaneell Bacon shall purchase all such lands as are yett vnpurchasett 
att Saconeesett and places adjacent, or any in those ptes out of the bounds of 
Barnstable or Sandwich vnpurchased and not yet disposed of to any, that, 
according to a former graunte, the said ]M' Hinckley and Nathaneell Bacon 
may bee accoinodated with lands there, and such others as haue petitioned the 
Court for accoinodation there, vizj, John Morton, John Finney, Thomas Bui- 
man of Barnestable, and John Dunham, Juni''.* 
[*231.] *Wheras att the Court held att Plymouth in March the fift, 1660, liber- 

tie was giuen vnto M"^ John Howland, Anthony Amiable, Isacke Robinson, 
Cap? Nathaneell Thomas, Samuell Puller, Abraham Peirse, and Peter Blos- 
ome, to purchase lands att Saconeesett and places adjacent, on condition they 
should take in sundry others with them, to haue equall interest in the said 
lands, and to beare equall charges with them about it, vizj : M"' Samuell 
Hinckley, Leiftenant Mathew Fuller, John Cooper, Henery Cobb, John Jen- 
kens, and Samuell Fuller, of Plymouth ; this Generall Court doth establish 

LeiftenantFul- and further confeirme that which the Court held in March did in the pmises ; 

Nelson theire likewise Wiliam Nelson was ordered to bee entered to haue a halfe share of 

names were en- the abouesaid accoinodations with the said purchasers, hee bearing a propor- 

tered according _ n r r 

to order this tionable pte of the charge. 

The Court haue ordered, that M' Thomas Hinckley, Richard Bourne, 



4 June. 
Prence, 



COURT ORDERS. 217 

and Nathaneell Bacon shall purchase all the land that they can of the Indians 1661. 

in those ptes towards Saconeesett not intrenching vpon the purchasers graunt 

att Saconeesett aforsaid; that M' Thomas Hinckley and Nathaneell Bacon 

may haue theire accomodations according to the Courts order and graunt, and Gov^. 

such others as the Court shall see meet, some haueing akeddy petitioned the 

Court for lands there, vizj, John Morton, John Finney, Thomas Burman, of 

Barnstable, and John Dunham, Juni"". 

Liberty is graunted by the Court vnto M' Thomas Prence to purchase a 
pcell of land att Satuckett, in reference Ynto his miU there and vnto some other 
lands hee hath there. 

It is ordered by the Court, that those that were formerly appointed by 
the Court to settle the bounds betwixt M' Bournes land and Anthony Snowes 
land shall alsoe settle the outward bounds therof. 

Att this Court, M' Anthony Eames acknowlidged before the Court that 
his sone. Justice Eames, hath receiued the sume of thirteen pounds sik shil- 
lings and eight pence of Thomas Doged, of Marshfeild, in foil of his wife's 
portion. 

M' Aldin is appointed by the Court to purchase some accomodations 
of lands of the Indians att Mannomett for the supply of M' Josias Standish, 
incase the said Josias liketh the land when hee seeth ' 

*June 7, 1661. Wheras there hath bine diners differences betwixt Mar- [*232.] 
garett Hickes, widdow, and Samuell Hickes, her son, arising about the last 7 June. 
wUl of Eobert Hickes, as alsoe about certaine goods and chatties of Ephraim 
Hickes the younger, son of the said Robert Hickes and Margarett Hickes ; 
and vpon debateing of the same, it is this g>sent day concluded, by a joynt 
agreement betwixt them both, that Samuell Hickes shall pay his mother the 
sume of ten pounds, the one halfe therof att or before the first day of Decem- 
ber next after the date heerof, and the other halfe in October, 1662, which 
sume shee doth acknowHdge shalbee in full satisfaction of all differences what- 
soeuer, and doth acquitt the said Samuell of all thinges whatsoeuer that did 
or might any way arise by reason of the said estate, as alsoe for all other 
matters whatsoeuer from the beginiag of the world vnto this day, the wine- 
scott bedsted and the table in the hall to remaine to the house as now it 
stands ; and Samuell Hickes doth promise, that incase hee doth remoue from 
Plymouth, that hee will not put any into the house that shalbee injuriouse or 
offenciue to his mother ; neither will hee molest or trouble any by reason of 
any ^sent estate his mother is now possessed of, the house remaining to him 

VOL. III. 28 



218 PLYMOUTH COLONY KEC0RD3. 

1 fi G 1. att his decease. Witnes our hands to this our joynt agreement, the seauenth 

'^ ' day of June, in the yeare 1661. 
y™'- MAEGARETT HICKES, 

Gou-.' SAMUELL HICKES. 

Witnes. 

John Browne, 
* The marke ^^ of Manasses Kemton, 

Ephraim Morton. 

10 June. The 10"" of June, 1661. Forasmuch as the abouemensioned writing was 

desired to bee recorded, and vpon review therof is found not full for the ends 
intended on both parties, vizj, the concluding of all diiferences between the 
abouesaid Margarett Hickes and Samuell Hickes that had bin about the estate 
therin specifyed, the said Samuell Hickes, being sent for by the Court, did in 
the Court freely declare that what was short in the aboue entered writing and 
agreement on his part, hee now engaged, and doth by these ^sents acquitt his 
mother, Mistris Margarett Hickes, and all conserned on her part, as fully as 
by the said writing his mother had acquited him on his pte ; that soe heerby 
there is a full and finall end of all differences betwixt the said pties and all 
others any way conserned therin, from the begiiiing of the world to this day, 
being the 10"" of June, 1661, and for the future foreuer not meddleing with 
the purchase land. 

The naighborhood of Sowamsett is ordered to pay a rate of fifty shil- 
lings for the publicke charges of the countrey, and that twenty shilliages 
wherof to bee alowed for the easing of Sandwich rates. 

And vnto the towne of Eehoboth twenty shilling for the easing of theire 
rates. 
[*233.] *The Court haue accomodated our honored GoS with the sume of twenty 

pounds, to bee aded to the ten pounds which is annually assigned vnto him ; 
which said sume of twenty pounds wee dispose vnto him as a smale gratuitie 
for this following yeare, to bee payed out of the treasury. 

It is ordered by the Court, that a speciall warrant shalbee directed to the 
constable of Taunton, to attach the psons or estates of such as shall come vp 
Taunton Eiuer to fetch away the timber or woods to convey it out of the goG- 
ment, and that the like power shalbee giuen to any other, as occation shalbee, 
by warrant to arrest any such, theire psons or goods, that shall soe transgresse, 
that soe they may bee bound ouer to answare the same att the following 
Court ; and that the like course bee alsoe taken with all such as shall come 
into the goQment, and hier or buy lands of the Indians without order. 



COURT ORDERS. 219 

M"^ John Howland, Nathaneell "Warren, and Benjamine Bartlett are 1661. 
appointed by the Court to procure a workeman or workemen to view and '' 

serch the bridge att Joanses Riuer ; and whatsoeuer shalbee found nessesary peence 
to bee done about the repairing therof, they haue power to agree with work- Gov''. 
men to doe it, and to bee payed by the countrey. 

It is ordered by the Court, that the suine of fourscore pounds bee raised 
and leuied by rates on the seuerall townes of this jurisdiction, according to 
theire proportions, towards the charge of the coinissioners att theire next 
meeting att Plymouth, twenty and fiue pounds therof to bee payed in money 
by the fifteenth day of July next, and the remainder therof to bee payed by 
the last of October next, the one halfe therof in wheate, and the other halfe 
in pease, or barly, or porke, att prise current, and to bee deliuered att Boston. 

The Proportions of the u s a 

Plymouth, 2:6:3 

Duxborrow, 2:2:1 

Scittuate, 3 : 15 : 7i 

Sandwich, 2 : U : 1 

Taunton, 2 : 03 : 01 

Yarmouth, 2:2:1 

Barnstable, 2:6:3 

Marshfeild, 2:2:1 

Eehoboth, 3 : 15 : 7i 

Eastham, 1 : 14 : 

*It is ordered by the Court, that the ward of Eehoboth shall extend vnto [*234.J 
Sowamsett and vnto all the naighbors there inhabiting as to the constable of 
Eehoboth his execution of his office, as occation shall require ; which hee is 
required by this order to doe and pforme as well there as in any other pte of 
that constablericke. 

Liberty is graunted by the Court vnto Gyles Eickard, Seni', to keep an 
ordinary for the entertainment of strangers, with the like liberties as others 
haue in that behalfe. 

The ordinary keepers of the towne of Plymouth are heerby prohibited to 
lett John Barnes haue any liquors, wine, or strong drinke, att any time, within 
dores or without, on the penaltie of being fined fifty shillings' if they shalbee 
found soe to doe, to bee leuied to the vse of the coUonie. 

It is ordered by the Court, that the Treasurer shall repay a barrell of 
powder to the towne of Plymouth, to make good that which was spent att the 
proclamation and att other times. 



220 PLYMOUTH COLONY KECOEDS. 

1661. Vpon the complaint of "Wiliam Hiferney, Irish man, seruant to John 

'^ "^ Hollot of Scittuate, that hee is bound to his said master the tearme of twelue 
10 June. 1 • 1 • 1 f 1 ■ 

Prence yeares, hauemg bin stolen away out of his owne countrey, and engagemg to 

Gou". soe long a time when hee was vnaquainted with the English tongue, the 

Court, haueing heard what the said master and seruant could say in the 

^mises, haue pswaded the said John HoUett, and hee by these jpisents hath 

engaged to the Court, that if his said seruant shall and doe pforme vnto him 

faithfull seruice, and carry himselfe otherwise as hee ought to doe, that hee 

doth and will remitt two yeares of the time of his seruice, and hkewise will 

pforme the conditions of his indenture to and with his said seruant. 

Conserning a complaint made by some of Yarmouth against Eichard 
Childs, that hee hath erected a cottage within the Hberties of the towne, 
contrary to order of Court, the said Childs haueing put in cecuritie to saue 
harmles the towne of Yarmouth from all charge that may arise by the chil- 
dren hee now hath, the Court haue pmitted the said Childs to enjoy his build- 
ing or cottage in the place foremencioned. 

Libertie is graunted vnto Daniell Cole to drawe and sell stronge waters 

and wine att Eastham, prouided that hee bee alwaies furnished with good 

wine for the supply of those that are in need amongst them. 

r*235.1 *M' Henery Hobson, of Road Hand, acknowhdgeth to 1 

. _ MO : 00 : 00 

owe vnto our soQ lord King Charles the sume of . J 

The condition, that if the said Henery Hobson shall and doe appeer att 
the Court to bee holden att Plymouth the first Tusday in October next, to 
answare for his division of authoritie in counterfeiting the solemnising of the 
marriage of Eobert Whetcombe and Mary Cudworth, and not depart the said 
Court without lycence ; that then, &6. 

Memorand: that Eobert Whetcomb & his wife, Eobert Able and his 
wife, and Ezekiell Mayne be summoned to the said Court to giue euidence 
about the abouesaid fact. 

Thomas Joanes, of Taunton, acknowlidgeth to owe 



vnto our soQ lord the King the sume of .... / 

And James "Walker the sufae of 05 : 00 : 00 

The condition, that if the said Thomas Joanes shalbee of good behauior 
towards our soQ lord the King and all his leich peopell, especially in regard 
of iinoderate drinking, and appeer att the Coui-t to bee holden att Plymouth 
the first Tusday in October next, and not depart the id Court without ly- 
cence ; that then, &6. 
Fine. Thomas Lucas, haueing forfeited his bonds for the good behauior, which 



COURT ORDERS. 221 

said forfeiture was the sume of twenty pounds, the Coui-t, vpon some consid- 1661. 
erations, haue remited the sume of ten pounds therof. ' "'' 

TT T T • T TT ■ • . ^^ June. 

Fine. Lodowicke Hawkes, for refusing to aide the marshall Barlow in pkenoe 
the execution of his office, is fined twenty shillings. ^°'°''- 

John Washburne, Juni', for turbulent carriages towards the marshall Fine. 
Nash in the execution of his office, fined ten shillinges. 

Samuell Jackson, for being drunke, fined fine shillings, and for neglect- Fine, 
ing to appeer att Court, being sumoned, fined the sume of ten shillinges. 

*Thomas Burge, Juni', being bound ouer to the Court to answare for an [*236.] 
act of vncleanes comitted by him with Lydia Gaunt, hee was sentanced, 
according to the law, to bee seuerly whipt, which accordingly was enflicted 
whiles this Court was in being, and a 2"™* time to bee whipt att Sandwich, 
att the discretion of M"^ Hinckley, on the first Munday in July next after the 
date heerof ; and as conserning the capitall letters to bee worne according to 
the law, it is for the p>sent respited vntill the Court shall descerne beter of 
his future walkeing. 

And wheras Elizabeth, the late wife of the said Thomas Burge, did 
vrgently soUicite the Court for a diuorse, the said Thomas Burge manifesting 
little dislike therof, and some of theire relations conciu'ring therin, the Court, 
considering the nature of the fact, together with the pticulars mencioned, did 
see cause to graunt the said Elizabeth her desire, and therfore doe heerby 
declare, that henceforth they, the said Thomas and Elizabeth, are not to bee 
reputed husband and wife each to other, but are cleared of theire marriage 
bond, and are fully and clearly divorced ; furthermore, the Court doth allow 
and determine, that the said Elizabeth, the late wife of the said Thomas 
Burge, shall haue and enjoy one pte of three of all his estate, vizj, lands, 
goods, and chatties, as her proper right foreuer ; as alsoe, the said Thomas 
Burge consenting thervnto, att the same time the Court did allow her an old 
cotten bed and bolster, a pillow, a sheet, and two blanketts, that were with 
the paire of sheets, with some other smale thinges that are in Wiliam Bassetts 
hands, to the vaUue of forty shillings. 

Att this Court, John Allin, of Rehoboth, came into the Court, and en- 
formed conserning his proceedings about his late deceased brother, Robert 
Allin, whoe was found dead in his house on his bed, saying, in regard of the 
distance of place from any majestrate, hee was constreyned to bury him ; not- 
withstanding, hee procured twelue men to view the corpes, who are to haue 
an oath giuen them by M' Pecke to glue in a true verdict of the death of the 
said Robert Allin. There names are as foUoweth : — 



222 PLYMOUTH COLONY RECORDS. 

1661. M"' Steuen Paine, Seni% Eichard BuUocke, 

" ' ^ Leiftenant Peter Hunt, Robert Wheten, 

Pj^^^pJ Wiliam Sabin, Robert Abell, 

Gou"'. John Browne, Juni', Josepth Carpenter, 

John Allin _ _, -n a i 

saith that his James Browne, Roger Annadowne, 

brother Robert j^j^^ jj^g^d, Richard Whittacare. 

told him that 
hee hath three 

young steers, *-^ judgment was graunted vnto Robert Marshall for the suine of seauen 

and three pounds three shilUnges and nine pence, to bee payed in money vpon the bal- 
att Sandwich, lence of an account, besides the charges about the attachment and keeping of 
[*237.] a horse attached by the said Robert Marshall, vpon the aforsaid complaint 
against Thomas Sowell, w* said charges amount vnto twelue shilhngs for the 
keeping of the horse, and eight shillings and six pence for the feching and 
procuring of the attachment ; the said horse was deliuered vnto the said Rob- 
ert Marshall, as hee was prised, att nine ponds and fiue sliiUings, wherof the 
said Marshall is to bee satisfyed the abouesaid suiiie in money and charges, 
and the ouerpluse to bee returned vnto the said Sowell. The suine of eight 
shillings was attached in the said Robert Marshalls hand for the satisfying of 
the constable of Taunton for the time the said horse went in his pasture. 

Vpon the complaint made by some, that certaine horses or horse kind, 
belonging to Road Hand, are found goeing within our liberties on Cawsumsett 
Necke, neare Sowamsett, to the great annoyance of the Indians and English 
there, this Court ordereth, that all such horses as shalbee found soe goeing 
shalbee accoumpted strayes, and that sume course bee taken for the takeing 
of them vp, according to order of Court in that case prouided. 

It is ordered by the Court, that such farmes as are or shalbee rated, incase 
they shall refase or neglect to pay theire rates in seasonable time, that then 
the cheife marshall shalbee sent to destreine for it ; and what charges shall 
arise about the same, the owners of the said farmes shall pay it. 
Fine. Gyles Rickard, Seni'^, for suffering men to drinke drunke in his house, 

fined ten shillings ; and for suffering men to drinke in his house, contrary to 
speciall order of Court, fined ten shillings. 
Fine. John Moses, for beeing drunke the 2"™* time, fined ten shills. 

Edward Holman, being convicted of drunkenes the 2"™* time, fined ten 
shilhngs. 
[*238.] *The Court haue ordered and appointed M"^ Thomas Hinckley to see 

the Courts order executed on Thomas Bui-ge, Juni', of Sandwich, vizj, to bee 
pubHckly whipt, att the discretion of the said M'^ Hinckley, for the fact of 
vncleanes the said Burge coinitted with Lydia Gaunt, of Sandwich aforsaid ; 



COURT ORDERS. 228 

tMs to bee executed att Sandwich -with all convenient speed, according to the 1661. 
law in that case prouided. "" '' ' 

23 July. 
Prence, 

*"Wee, whose names are vnderwritten, being sumoned by M' John Aldin, Gou". 
Assistant, the 23* of this instant July, to enquire conserning the suddaine L ■^''^-J 
death of John Bond, of Plymouth, seruant to Gorge Watson, doe find as fol- 
loweth, vizj, that the said John Bond, the day aboue mencio'ned, coming home 
with his said master with a load of wood, well and in health for ought wee 
know or can find, the said Bond went to vnload the cart, and someway touch- 
ing the mare that drew the cart, shee ran away with him on the cart, and that 
hee leaped of from the cart before the wheele, and soe the cart ran ouer him, 
and wee judge that soe hee came by his death ; and for the truth of this our 
verdict wee haue heervnto subscribed our hands. 

JOHN MOSES, 
THOMAS BONNEY, 
FRANCIS BILLINGTON, 
AETHER VERNAM, 
JOHN EEDEY, 
THOMAS LUCAS, 
JOHN DUNHAM, 
GABRIELL FALLOWELL, 
SAMUELL HICKES, 
JOHN WOOD, 
HENERY WOOD, 
RICHARD WRIGHT. 

[The following entries are recorded out of place on the back of page 239.] 

1656. March the fift. 

Wniam Randall, for his afiEronting the cunstable of Scittuate in the 
execution of his office, and for speaking opprobriously of the Lord Protector, 
is fined forty shOlings, and to make a pubHcke acknowlidgment of his fault 
in speaking such words before the Court ; which hee g>sently did. 

March, 1656. Wiliam Hailstone is, according to order, fined the sume 
of twenty shilling for telling two lyes in a petition prefered to the Court 
June, 1656. 

March, 1656. Wiliam AUin, for refusing to serue on the grand enquest, 
is fined, according to order, twenty shillings. 



224 PLYMOUTH COLONY RECORDS. 

October the sixt, 1657. Wiliam Newland, for refusing to serue on a 
jury, fined ten shillings ; and pmitting a meeting in his house contrary to order 
of Court, fined other ten shillings, according to the said order. 

October the sixt, 1657. Ealph Joanes, for neglecting to frequent the 
publick worship of God, is fined ten shillings, according to order. 

February the 2"=™"*, 1657. Edw Holman, for entertaining John Wade, 
seruant to John Barnes, &6, is fined 10' to the rse of the collonie. 

March 2™*, 1657. 

See the causes Arther Howland fined nine pound. 

in orders and j^^^ j^ j^^^^ j^jr pgter Gaunt, Daniell Wing, and Wiliam AlHn fined 

passages of the jt j ^ :> o' 

saidCoTirt. twenty shillings a peece. 

John Barnes fined fiue pound. 

Henery Howland ten shilhngs. 

Edward Holman ten shillings. 

Robert Crosman fiue shilUngs. 

Gowin White, for telHng a lye, fined ten shillings. 



GENERAL INDEX. 



/ 



GENERAL INDEX. 



Abell, Able, Robert, 115, 220, 222 

laud granted to, 120 

licensed to keep an ordinary, 104 

Accord Pond, land near granted to Mr. Hatherly, . 103 

Acoaksett, 186 

Adams, Adames, John, .... 71, 135, 148, 188 

admitted a freeman, 136 

Aimes, John, 84, 136 

See Eames. 
Alden, Aldin, John, 3, 6, 7, 13, 20—22, 27, 30, 35, 38, 
39, 41—43, 47, 55, 56, 62, 67, 71, 73, 76, 77, 
82, 84, 87, 89, 90, 95—97, 99, 102—105, 108, 
111, 114, 117, 122, 124, 125, 127, 128, 133, 
134, 143—146, 149, 150, 155, 157, 158, 160, 
162, 165, 169, 170, 174, 177, 180, 185, 187, 
195, 197, 198, 202, 203, 205, 208, 211, 214, 
223. 
an Assistant, 7, 30, 48, 77, 99, 114, 134, 162, 187, 

214 
one of the council of war, .... 26, 28, 138 
commissioner to Yarmouth, .... 117, 132 

Treasurer, 99, 115, 135 

giants of land and money to, . . . . 120, 195 

Jonathan, admitted a freeman, 117 

ensign of Duxbury military company, . . 143 

Joseph, 115, 188 

admitted a freeman, 117 

Mr., 190, 201 

Alexander, Pokanokett, alias Wamsitta, . . .192 
Alford, William, execution against Thomas, ... 15 

Allen, Allin, Benjamin, 206 

fined for attending Quaker meeting, . . . 200 

Francis, 165, 188 

George, 74, 138, 204 

fined for not taking the oath of fidelity, 176, 

181, 191, 209 



AUen, John, . . 49, 92, 120, 133, 138, 142, 221, 21.'2 

deputy from Rehoboth, 21 

takes the oath of fidelity, 26 

admitted a freeman, 117 

fined for not taking oath of fideHty, . . . .154 

Joseph, 204 

fined for attending Quaker meeting, and 
not taking oath of fideKty, 168, 176, 181, 
191, 200, 201, 209. 

Matthew, 138, 154, 204 

excluded from Sandwich, 153 

fined for not taking oath of fidelity, 168, 176, 

181, 191, 201 
fined for attending Quaker meeting, . . . 200 

PhiKp, 204 

Ralph, . . 138, 173, 200 

Ralph, Sen., 4, 115, 154 

excluded from Sandwich, 163 

fined for not taking oath of fidelity, 168, 176, 

181, 191, 201, 209 

presented for neglecting public worship, . 74 

fined for harboring Quakers, . . . 123, 130 

Ralph, Jun., 49 

a Quaker, fined, 130, 224 

Robert, 222 

inquest upon, 221 

Samuel, 188 

Thomas, 116, 136 

admitted a freeman, 7 

WiUiam, . 100, 112, 138, 147, 204, 213, 224 
fined for not serving as grand juror, . . . 223 
fined for not taking oath of fidelity, 154, 16S, 

181, 191, 209 
fined for attending Quaker meeting. 111, 130, 

200 

Mr., 139, 151 

(227) 



328 



GENEKAL INDEX. 



Allen, Ml., to provide for the governor, . . . .121 

AUerton, Isaac, 98, 195 

execution against Godbertson discharged, . . 98 

Ahny, Job, 196 

Andrews, Andrewes, Andrew, Henry, . . . 100 

constable, .... .... . 188 

.Joseph, 73, 75, 78, 82, 102 

Hephzibah, 161, 176 

complaint against French, .... 165 

Anis, Ainis, Aines, Aimes, Alexander, and others, 

punished for adultery, . . . 110 — 112 

ICatherine, 110—112 

Annable, Anthony, 147 

land granted to, at Saconeeset, . . 216 

deputy from Barnstable, .... 32, 99, 1 15 

Annadowne, Roger, 158, 222 

Annawamscutt, . .... 192 

Apportionment of rates, see Rates. 

of troops upon the several towns, 29, 54, 68, 91 
Arnold, Samuel, . . . . 9, 36, 73, 75, 148 

propounded as freeman, ... .8 

made a freeman, . . . . . . . 30 

deputy from Yarmouth, . ... 49, 99 

Ashley, Ashly, Thomas, 58, 59 

takes oath of fidelity, 58 

licensed to keep an ordinary, . . ... 61 

Assistant, oath of, 59 

Assistants chosen, 7, 30, 48, 77, 99, 114, 134, 162, 187, 

214 
Assonett, . . . . .... .40 

Atkeson, Henry, . . 15 

Atkins, Attkins, Hemy, 32, 116, 163 

propounded as freeman, . . . .31 

admitted a freeman, . . 48 

Mary, 197, 199, 200 

Thomas, takes oath of fidelity, ... .58 

prosecuted, 197, 199, 200 

Attachments, 113, 174, 222 

Attwood, Mrs., 110 

Austine, Jonas, . ... . . 116 

takes oath of fidelity, 1 17 

Bacon, Nathaniel, 73, 75, 83, 120, 129, 139, 147, 193, 

195, 215 
one of the council of wai-, . . . 138 

supervisor of Hugh Jackson's estate, 151 

land granted to, 164, 216 

deputy from Barnstable, 9, 32, 44, 49, 63, 80, 135, 
162, 187, 193, 214 
and Thomas Hinckley to purchase all the land 

they can of the Indians, . ... 2 17 

Baddo, John, a sen'ant, punished for nmning 

away, 204 

Baker, Francis, presented for retailing without 

license, ... 28 

suit of John Hall against, 83, 8S 

Samuel, 143 i 



Bangs, Banges, Edward, 9, 61, 62 

deputy from Eastham, 9 

Hcenspd as retailer, .123 

John, his interest in lands at Cushena, . . . 186 

Barker, Anna, ... 37 

Deboi-ah, . .... 37, 164, 171, 172 

John, 37, 160, 171 

drowned, inquest upon. . . .28 

settlement of his estate, ... ... 37 

Mary, 37 

Robert, . .... 28, 49, 82, 164 
propounded as freeman, ... 31 
admitted a freeman, ... .48 
petitions for lands at Namassakeeset, . . 39 
suit against John Williams, Jun., . . . .171 
supervisor of Goodwife Thomas's es- 
tate, 197 

Barlow, George, . . . 147, 161, 173, 176, 190 
marshal for Sandwich, Barnstable, and Yar- 
mouth, 

his commission to prevent Quakers from com- 
ing to Sandwich, . . . . 
admitted an inhabitant of Sandwich, . . . 
required to restore Allen's oxen, ... 
his wan-ant to search Quakers' houses for 

papers, 

his complaints against several persons, 173, 180, 

190 

allowance to him for services, 181 

complaint of John Jenkins against, . . .183 

land granted to, . 194 

fined for cruelty to Benjamin Allin, . . 206 

ordered to restore R. AUin's goods, . . 206 

Marshal, ... . . 182, 191, 204, 206 

, . . 191 

Barnes, Joane, punished for slander, ... 23 

John, . 94, 142, 159, 177, 194, 210, 224 

fined for drimkenness, ... 5, 22, 129, 224 

his indemnity to his sm-eties, . . . . 20, 21 

complaint of his servant against John 

Smith, 27, 39 

27 
38 
77 
126 
159 
176 
203 
219 



141 

154. 
105 
165 

173 



John Smith's complaint against, . 
Winifi-ed Whitney against, . . . 
his lands at Lakenham, 
complaint against Edward Holman, 
licensed to keep an ordinary, . . 
disfranchised, . .... 

suit against Joseph Billington, . . 
ordinary keepers not to furnish liquor to. 



167. 



Barnstable, 15. 18, 22, 25, 50, 85, 86, 132, 140, 141, 

195 
deputies, . . . . 9, 24, 32, 80, 170 

soldiers, 29. 6S, 92 

town ofiicers, 8, 9, 31, 33, 48, 50, 78, 79, 100, 101, 

1 !6, 136, 163, 188, 215 

rates, . . .14, 19, 34, 51, 54, 150, 219 



GENERAL INDEX. 



229 



Barnstable, magistrates, ... 118 

raiUtary officers, 17 

settlement of bounds -with Sandwich, ... 4 
suit against the to\ni for not contributing to 

building Eel River bridge, 20 

See Bridge. 

ordinary, 38 

pays quota expense Indian expedition, . . . 102 
lands purchased by them of Indians, . 143, 144 
settlement of bounds mth Yarmouth, . . . 175 
licensed to purchase Indian lands, . 201 

Barstow, George, .... 35 

Wilham, 35, 36, 123, 135 

his acknowledgment to Mr. Chauncy, . . 35 
contracts to build North River bridge, lOS, 192 
licensed as retailer, ... .... 118 

admitted a freeman, . . . . 137 

Bartlett, Benjamin, 115, 205, 219 

propounded as freeman, . . . . . 31 

admitted a fi-eemaii, 48 

Robert, 9, 78, 215 

lands confirmed to, 19 

his bounds to be settled, 142 

fined for speaking against singing psalms, . 185 
Bass fishing, grand jury inquire by what authority 

the Com't prohibits, .10 

Bas.sett, Nathaniel, punished, 4 

Ruth, presented, .... .... 82 

William, . . . . 8, 49, 61, 62, 116, 181, 221 

his warrant to collect rates, 131 

paid for services as constable, 137 

Marshal Barlow's complaint against, . . .180 

William, Sen., 93 

fined for disobejing council of war, ... 36 
William, Jun., propounded as freeman, . . 78 

admitted a freeman, 101 

licensed to keep an ordinary, . . . . 159 

Bates, James, . . . . .... 40 

Bayley, Guydo, 160 

Bearce, Austin, . . 32 

propounded as freeman, 8 

admitted a fi-eemin, 30 

Beare, Bear, Richard, presented for swearing, 91, 96, 

98 
recognized to answer, &c., . . . 154, 167, 176 

propounded as freeman, 8 

admitted a freeman, . . 30 

Beasell, John, several demands against, . . . 209 
Beedle, Bedle, Joseph, . . . .9, 28, 70—72, 208 

Miles Standish against, ... ... 27 

Berry, Alice, presented for stealing, 28, 36, 75, 82 

Richard, 37, 74, 75, 82 

Bessey, Anthony, .49 

Bewitt, George, 188 

Billington, Fr.vncis, . 223 

land gi-anted to, . . . 104 



Billington, Francis, suits against Gray and Brown, 110 

Joseph, 110 

Samuel Fuller and others against, . . . 1 27 

John Barnes against, 203 

Bird, Thomas, 102, 160, 172 

BLsbee, Besbey, Elisha, 163, 208 

admitted a freeman, 7 

Bishop, Mr., 161 

Black, Blacke, Miles, 100 

land granted to, 19 1 

prosecuted for fraud, 20 S 

Bkckstone, Mr., 84 

Blake, John, land granted to, 182 

Blays, Timothy, 213 

Blisse, Jonathan, 9, 78 

propounded as freeman, 73 

Blossom, Peter, land granted to, at Saconeeset, . 216 

Blush, Abraham, 9, 100, 135, 188 

propounded as freeman, 7 

Boardman, Thomas, . . .78, 90, 91, 146, 155, 215 

Bond, John, inquest upon, . 223 

Bonney, Thomas, 32, 223 

Bonum, George, 135, 207 

admitted a freeman, . 137 

suit against Joseph Ramsden, 147 

suit against John Smith, ... ... 169 

Boreman, Burman, Thomas, 79, 210 

land granted him at Saconeesett, 217 

Bourne, Bume, Henry, .... 79, 100, 135, 215 

John, 28, 72 

Richard, ... 18, 32, 96, 164, 167, 175, 216 

deputy from Sandwich, 8 

petitions for land, ... ... 6'! 

lands gi-anted to, . 85, 193, 194, 201, 208, 216 
committee to lay out his land, ... 20 B 

Thomas, . . . . 208 

Mr., 5 

his bounds settled, 138, 217 

Bowen, Bowin, Obadiah, . 116 

Richard, .... 33, 120, 135, 142, 158, 213 

to try causes at Rehoboth, 104 

Father, 213 

Bower, John, . . 16 

Bradberey, Katherine, ... 5 

Bradford, AKce, Sen., l7o 

John, 72, 78, 129, 148, 188, 208 

deputy from Duxburj', 8 

deputy from Marshfield, 24 

Joseph, 196 

William, 3, 6, 7, 13, 15, 17, 20, 21, 30, 35, 39, 41 

—43, 47, 56, 56, 58, 62, 67, 71, 73, 76, 77, 

84, 87, 89, 90, 95, 97, 99, 103, 107—110. 

chosen governor, ... . 7, 30, 48, 77, 99 

president of council of war, 26 

his reasons for declining his ofiice, ... 80 
coramisdoncr of United Colonies, ... 99 



230 



GENERAL INDEX. 



Bradford, William, and others, hire Kennebeck trade, 96 

William, Jun., 117, 118, 120, 129, 147, 150, 154, 

155, 157, 160, 162, 165, 169, 170, 177, 179, 

180, 185, 187, 193, 197, 198, 202, 203, 205, 

209, 211, 214. 

admitted a freeman, .101 

deputy from Plymouth, 115,135 

one of the council of war, . 117, 138, 153 

chosen Assistant, .... 134, 162, 187, 214 

captain of troop of horse, 174 

Mr., 37, 193 

Mrs., allowance to, for providing for Court, . 120 

Bradly, Thomas, inquest upon, 39 

Braind, William, a Quaker, prosecuted, .... 127 
Brayman, Thomas, his estate disposed of, ... 37 

Brenton, Mr., his rates, 202 

Brett, Britt, William, 216 

land restored to, ... . .... 20 

grant of land to, . . 193 

deputy, .... 214 

Bridge at Eel River, Sandwich, Yarmouth, and 

Barnstable presented for not building, . 10 
Sandwich, Yarmouth, and Barnstable required 

to build, 20, 22 

repaired, 193 

at Joanes River, 86 

to be repaired, ... 13, 17, 69, 87, 176, 219 
at North River, built by William Barstow, 108, 

123, 192 

at South River, presented, 69 

Bridgewater, 216 

totvn officers, . . .99, 116, 136, 163, 188, 215 

rates, 151 

incorporated, 101 

rates apportioned with Duxbury, 106 

petitions for enlargement, 143 

centre to be ascertained, ... ... 143 

militia officers, . . 188 

bounds to be settled, 193 

Briggs, Clement, 164 

Jonathan, 133 

takes oath of fidelity, .... . . 117 

his choice of guardian, 107 

complaint against AVilliam Hailstone, . . 51 
judgment and execution against William 

Hailstone, 90, 103, 105 

Mary, presented for lying, ... . . 159 

Matthias, 78, 92, 215 

Thomas, land granted to, 164 

Walter, 159, 162 

Robert Sprout against, . .... 133 

admitted a freeman, 137 

Mr., his proportion of rate, » . .201, 202 

Brooks, Brookes, Gilbert ... 5, 49, 92, 149, 188 

admitted a freeman, . 137 

William, admitted a freeman, . . . . 137 



Browne, Brown, James, 222 

admitted a fi-eeman, 136 

John, 3, 4, 7, 13, 21, 30, 35, 37, 38, 43, 47, 52, 
65—67, 73, 77, 84, 89, 90, 93, 133, 199, 209, 
218. 

admitted a freeman, 136 

takes oath of fideKty, 58 

chosen commissioner of the United Col- 
onies, 30, 67, 77 

chosen an Assistant, 7, 30, 48, 77 

Ensign, one of the coimcil of war, . . . 153 

John, Jun., 222 

ensign of military company at Rehoboth, . 63 

Wilham, 110 

Mr., 189 

and others, licensed to make a pound, . . 86 

one of council of war, 26 

land granted to, 84 

to inquire into complaints of Indians at Re- 
hoboth, 21 

to prove wills of inhabitants of Taunton, . 74 

Browning, John, 39 

drowned, inquest upon, 28 

Bryant, John, 32, 42, 45, 66, 129, 188 

presented for exchanging guns with Indian, . 10 

propounded as freeman, 31 

admitted a freeman, 48, 77 

deputy to General Court, 115 

Stephen, 48, 136, 163, 205 

propounded as freeman, 31 

admitted a freeman, 48 

Buck, Bucke, Isaac, 136 

complaint against, as clerk of militia, ... 89 
fined for not shoeing commissioners' horses, . 90 

fine remitted, 106 

admitted a freeman, 137 

complaint against, as constable, 161 

John, 70 

Buckland, William, 100, 116 

Buckley, Edward, 45 

BuUocke, Richard, 158, 222 

Bumpas, Edward, 70 

Burge, Elizabeth, divorced from her husband, . .221 

Burgis, Jacob, 191 

Joseph, fined for rescuing a beast attached, . 168 

Thomas, 123, 124, 129 

deputy of Sandwich, ... 49, 63, 187, 193 
his claim against Sandwich for herrings, . 70 

paid for services, 102 

land granted to, eg 167 

Thomas, Sen., 84, 211 

land granted to, 194 

prosecuted for fraudulently obtaining land, . 208 

Thomas, Jun., 43, 190, 211 

fined for refusing to aid the marshal, 173, 190 
punished for lewdness, . ... 221,222 



GENEEAL INDEX. 



231 



Burman, see Boreman. 

Bume, see Bourne. 

Burrows, Burrowghes, Burrow, Jeremiah, . . 28, 209 

drowned, inquest upon, 208 

settlement of his estate, 202 

Bursley, Thomas, his estate divided, 201 

Burstell, James, . . ... 135 

Burt, James, .49 

Richard, 136 

Butler, Daniel, prosecuted for rescuing a Qxiaker, . 191 

Dorothy, 191 

and Obadiah, fined for attending Quaker 
meeting, 200,206 

Thomas, 87, 130, 206 

fined, 158, 174 

and wife, fined for sundry offences, . . . 191 
Butterworth, John, 188 

propounded as fireeman, 8, 78, 188 

Byrd, Thomas, deputy firom Scituate, 32 

Canoes, regulations respecting, 208, 209 

Osffpenter, Joseph, 222 

Samuel, 215 

William, 48, 50 

deputy of Rehoboth, 99 

propounded as freeman, 188 

Carre, John, admitted a freeman, 136 

Carsley, John, .... 147 

Carew, Carrew, John, 99, 160 

Carver, John, 148, 208, 215 

propounded as fi-eeman, ~ 163 

admitted a freeman, ... 188 

Robert, 10, 28, 33, 70, 72 

to have the care of R. Chambers's goods, . 88 

Cary, Carye, John, land granted to, 216 

Casks, making regulated, 38 

Causumsett Neck, 167,222 

ChadweU, Richard, 73, 75, 175 

complaint of an Indian against, 175 

Chambers, Robert, his estate, 88 

Chandler, Chandeler, Joseph, fined, 213 

fined for refusing to aid marshal, ..... 226 
Chapman, Ralph, 28 

discharged from keeping ferry, 103 

, 94 

Charles, an Indian, 144 

Chase, Mary, found dead, inquest upon, .... 172 

William, his estate settled, 172 

William, Sen., 116 

presented for sundry ofiences, . . . . 52 

William, Jun., 74, 172 

sentenced, . . 74 

Chauncy, Mr. Charles, Barstow and others, ac- 
knowledgment to him, 35, 46 

Chettenden, Chetenden, Isaac, .... 78, 135, 215 

propounded as freeman, 7 

admitted a freeman, . . 30 



Chettenden, Thomas, 92 

Child, Childs, Richard, prosecuted for erecting cot- 
tage at Yarmouth, 212,220 

Chillingsworth, Joane, 22 

Thomas, 76, 97, 102 

deputy from Marshfield, 9 

settlement of his estate, 21, 45 

division between his heirs and Arthur How- 
land, 97, 102, 105 

Chipman, John, ... 9, 18 

Christopherson, Cristerson, Winlocke, a Quaker, 

sent out of colony, 197, 199 

CisseU, Richard, 41 

Clark, Clarke, Henry and Thurston, presented for 

neglecting public worship, 10 

admitted a freeman, 137 

Thomas, . . 15, 16, 23, 53, 63, 86, 87, 94, 120 

presented, . 17, 75 

deputy from Plymouth, 79, 99 

loans wheat to the country, 106 

suit against Samuel Jenney, 171 

suit against George Barlow, 190 

Thurston, 79 

grant of land to, 183 

Thurston, Jim., presented for neglecting pub- 
lic worship, 10 

William, 78, 163 

propounded as freeman, 31 

admitted a freeman, 48, 137 

suit against John Washbume, Jun., . . . 202 
Clerk of the Court, Nathaniel Morton, sworn, . . 16 

oath of, . . . .60 

Cobb, Edward, 210 

Henr)', 147 

deputy from Barnstable, . 9, 162, 187, 198, 214 

grant of land to, 164,208,216 

John, 33, 40, 136, 188 

James Rogers against, 84 

Mary, complaint against, 210 

Coggen, Henry, his children, complaint against 

Finney, 156, 160, 166 

John, 166 

his choice of guardian, 161 

Coituite Pond, 144 

Coituett River, 68 

Cole, Daniel, 115, 215 

deputy, 49, 63 

deputy from Eastham, 9 

licensed as retailer, 220 

Henry, presented for pilfering, 47 

Hugh, and wife, presented for lewdness, . 82, 83 

James, 9, 15, 57 

presented for entertaining townsmen, . . 17 
takes oath of fidelity, ... ... 58 

licensed to keep an ordinary, . ... 38 



232 



GENEEAL INDEX. 



Cole, James, allowance of money to him to fit up 

his house for an ordinary, 166 

James, Sen., 181, 196 

claims goods stolen by an Indian, .... 179 
fined for selling wine to an Indian, . . .207 

James, Jun., . . 100, 181 

Job, deputy from Eastham, ... .60 

Collier, CoUyare, Jane, Mrs., 177 

Wiffiam, 3, 6, 21, 27, 33, 55, 56, 62, 67, 71, 73, 
76, 77, 84, 87, 95—97, 99, 103, 104, 108, 
110, 111, 114, 117, 122, 124, 126, 128, 133, 
134, 147, 149, 150, 154, 155, 158, 160, 170, 
174^ 177, 180, 185, 187, 195, 197, 198, 202, 
20'3,'2(fe, 211, 214. 
forty pounds jmid him by the government, . 14 
an Assistant, . 48, 77, 99, 134, 162, 187, 214 

bound for Partrich's estate, 134 

one of .council of war, 26,138 

a servant provided for, 166 

complaint against Joseph Prior, . . . .177 

licensed as retailer, 195 

Collimore, Collymore, Peter, ... ... 49 

summoned to answer, &c., 4 

Colman, Coleman, Joseph, 92 

propounded as freeman, 31, 78 

Joseph, Sen., admitted a freeman, .... 137 

Colony House, 14, 195 

Combe, John, . 98 

Commissioners to be chosen by the towns, ... 53 
Commissioners of the United Colonies, 30, 67, 77, 99, 

115, 135, 162, 187 

their powers and instructions, 26, 67 

they determine on war against Ninnegret, . . 67 
horses provided for, .... . . . 86 

expenses of their guard, 108 

Committees, see Deputies. 

Conahasset, 13 

lands, bounds settled, . 27, 34 

to be divided, 18 

grant made to the proprietors of, . . . 53 

Hingham concerned in, 63 

Confederation, writing from Massachusetts con- 
cerning, . . 33, 43 

meeting of deputies concerning, . . . . 62, 63 
instructions to commissioners, ... 63, 67 

Constable, oath of, . . 59 

Constables, 8, 31, 48, 78, 99, 116, 135, 136, 163, 187, 

188, 215 

Cooke, Cook, Elizabeth, 37 

Francis, 169 

John, 65, 120 

deputy, ... 44 

deputy from Plymouth, . . 23, 31, 49, 79, 99 

his complaint against Gilbert, 45 

John, Jun., deputy, 63 

Josiah, 100, 129, 164, 215 



Cooke, Josias, deputy from Eastham, 49, 135, 162, 198, 

214 
his settlement with Dean's children, ... 37 

land granted to, 123, 142 

Captain, his proportion of rates, 202 

Cooper, John, land granted to, at Saconeesett, 208, 216 

Thomas, 158, 163, 215 

deputy, . . 44 

deputy from Eehoboth, . ... 9, 32, 135 
propounded as freeman, . ... . 163 

Deacon, . 213 

Cooper's Island, way to, laid out, 34 

Copeland, John, 124 

a Quaker, prosecuted, 127 

CornhiU, Thomas, 41 

Cotochesett, 144 

Cottington, Mr., his complaint against Sabin, . . 13 

Council of war, chosen, and powers, . 26, 117, 138 

proceedings, .... 28, 29, 54—58, 152, 153 

Country's house, 14, 195 

Courts, provision made for their expenses, . . .120 

Coventery, Jonathan, prosecuted, 5 

CoxaU, Joshua, a Quaker, his horse taken from 

him, 204 

Crimes: adultery, 111,112 

abusing ofiicers, 10, 68, 74, 75, 124, 125, 129, 

173, 221 

blasphemy, 190 

breach of peace, 168, 209 

breach of Sabbath, 47, 52, 150, 186 

courting without masters' consent, .... 5 

disturbing church on Lord's day, . . 4, 111, 112 

drunkenness, 5, 22, 36, 129, 150, 168, 173, 200, 

206, 212, 221, 222 

fornication, 5, 6, 42, 47, 75, 82, 91 

harboring servants, 224 

incest, 197, 199 

innholders entertaining townsmen, .... 17 
trespasses on Indians, . . 74, 132, 175, 180, 192 

bujing Indian lands, 101,175 

selling strong liquors to Indians, . . 75, 150, 207 

mending Indian guns, 10 

lewdness, 11, 36, 75, 82, 97, 159, 210, 212, 221 
living out of bounds of any town, . . 102, 156 

extortion, . . 167 

selling guns, &c., to Indians, 4. 6, 10, 36, 102, 119, 

137 

selling guns, &c., ^ 

lying, . 45, 47, 52, 113, 129, 131, 159, 213, 223 

marrying disorderly, 46, 206 

manslaughter, 73 

murder, (person acquitted,) 205 

neglecting public worship, . . 5, 10, 74, 124, 224 

pound breach, 97 

rape attempted, 36 

retaihng liquors without license, . . . . 17, 28 



GENERAL INDEX 



233 



Crimes : refusing to take oath of fidelity, 138, 140, 

154, 168, 176, 181 
refusing to aid officers, . 124, 158, 173, 213, 221 
refusing to serve as constable, .... 168, 174 
refusing to serve as grand juror, . . . 168,223 

rescuing cattle, 168 

rescuing Quakers Irom marshal, .... 191 
reviling religious ordinances, .... 4, 186 
seditious writings and speeches, 129, 139, 175, 

188—190 

servants running away, 204 

slander, 23, 96, 127, 129, 150, ISO, 205, 207, 223 
.stealing, 4, 5, 28, 36, 47, 72, 75, 82,'l77, 179, 

204, 209, 213 
suicide, . .... . . 213 

sweai-ing, 4, 91, 96, 199 

threatening speeches, . 150, 173, 181 

town raters neglecting their duty, . . 97 

towns not having stock of powder and arms, 5, 6, 

82 
towns not repairing ways and bridges, 17, 69, 82 
towns not having pounds, stocks, and whip- 
ping posts, 28, 36, 82 

towns not choosing military officers, . . 36 

towns not pro'S'iding standards for measures, 52, 82 

trespasses on goods, . 5 

usury, . .75 

women abusing their husbands, . . .75 

Crispe, George, 101 

Crocker, Croocker, Francis, propounded as free- 
man, 163 

William, .49,83,115,215 

propounded as freeman, . ... .8 

Cromwell, Oliver, Lord Protector, 223 

Grossman, Crosman, Robert, . . ... 40 

punished for simdry offences, . 97, 118, 132, 224 

Crow, Elverton, . 100 

propounded as freeman, . ... 101 

admitted a freeman, . . . . . 117 

John, . 135,172 

William, 72, 73, 215 

Cudworth, James, 23, 33, 55, 56, 64, 92, 96, 98, 99, 
103—105, 108, 114, 117, 122, 123, 126, 128, 
133, 134, 139, 148, 161, 166, 172, 180. 
deputy from Scituate, . 8, 23, 44, 49, 63, 79, 99 

an Assistant, 99,114 

captain of military company in Scituate, . . 14 

one of council of war, . 26, 28 

fined fon absence as deputy, .... 52 

commissioner of the United Colonies, 77, 99, 115 
cashiered for encouraging Quakers, . . 130 

not allowed to be a deputy, 162 

prosecuted for encouraging Quakers, . . .183 
disfranchised, and afterwards restored, . .189 

prosecuted for seditious writings, . 188, 198, 199 

his bonds cancelled, 198 

VOL. III. 30 



Cudworth, Mary, 220 

counterfeit man-iage of, 209 

fined for disorderly marriage, 206 

Mr., 94 

Curtis, Edward, 163 

Richard, 92 

admitted a freeman, . 137 

William, admitted a freeman, . . 137 

CushenaK, 186, 202 

his proportion of rates, .... 201 

Cushman, Thomas, 98 

Cutbert, [Godbertson,] Samuel, suit of James King 

against, 42 

vs. Edward Gray, . ... ... 70 

Damman, John, . . 92 

propo'mded as fi-eeman, 8, 78 

presented for trespass, . . 47 

Darbey, John, complains against Mashantampaine, 91 
administration of his estate, . ... 96 

widow, ... . 96 

Dartmouth, rates, . . .19 

Davis, Davice, Dolar, 9, 48 

James, ... . . . 106 

John, 101 

Nicholas, 185 

presented for fornication, 6 

his house searched for seditious papers, . 173 
Robert, propounded as fr-eeman, ... . 163 

Simon, inquest upon, 146 

William, takes oath of fidelity, . ... 58 

Day, WilUam, inquest upon, 213 

Deane, Dean, John, 48, 115, 122 

Stephen, his children's portions, 37 

Delano, Delanoe, Delanoy, Dellanoy, Edward, 125, 126 

PhiKp, 62, 76, 138, 188 

Dennis, Denis, Robert, . . 73, 75, 91, 146, 172, 200 

to divide William Chase's estate, .... 172 

his attachment against William Norkett, . .174 

Deputies of the several towns, 8, 23, 31, 49, 79, 99, 

135, 162, 187, 214 
reqmred to make preparation for war, ... 23 
Deputy Governor to be appointed by the Govern- 
or, 7,30 

Deputy marshal, see Under marshal. 

Dexter, Thomas, 61, 62, 66, 145 

Thomas, Sen., .... 9, 27, 73, 75, 162, 200 

admitted a freeman, 136 

controversy with Barnstable, 108 

Thomas, Jun., 10, 115 

suit of Robert Ransom against, .... 63 

ensign of Sandwich company, 80 

Mr., commissioned to redress wrongs of In- 
dian, 132 

Mr., Sen., bormds of his lands to be settled, . 41 
Dier, Maiy, persons prosecuted for bringing to 

Plymouth, 178 



234 



GENERAL INDEX. 



Dillingham, Edward, 32, 78, 153 

presented for abusing an officer, . . . . 124 

Henry, 61, 62 

fined for several offences, .... 168, 191 
liis wife fined for attending Quaker meet- 
ing, . . 200 

John, 32 

Mr., to redress the wrongs of an Indian, . . 132 

Dingley, John, 28, YO, 72, 78 

Uoane, Done, John, . . . 200 

deputy, .44 

deputy from Eastham, 24, 32, 162 

land granted to, 123, 142 

John, Jun., 215 

Dodson, Dudson, Anthony, 49 

Doggett, Doghed, Doghead, John, 135 

Thomas, 45, 97, 100, 148, 217 

his bounds settled, .... 62, 90, 98, 105 
Dotey, widow, suit agamst Thomas Lucas, . . .110 

Doughty, James, 136 

Drayton, Draiton, Dreyton, Henry, . . . .27, 104 

settlement of his estate, 4 

inquest upon, . . ' . . 70 

Dunham, Benajah, presented for an assault, ... 97 

John, 223 

John, Sen., 16, 129, 142, 169, 210 

deputy, . .63 

deputy from PljTnouth, 8, 31, 49, 79, 99, 162, 

187, 198, 214 
complaint against Plymouth raters, . . . 179 

John, Jun., 215, 217 

land granted to, 164, 216 

Jonathan, . . . . 162 

admitted a freeman, . . . . 117 

Joseph, admitted a freeman, .... . 137 

presented for lewdness, ... ... 2 10 

Samuel, 16, 27, 109, 115 

Dutch at Munhatoes, expedition against, 29, 53 — 57 
Duxbury, DuxbuiTow, . . 4, 25, 50, 85, 86, 106, 197 

deputies, 9, 23, 31, 79, 170 

soldiers, 29, 68, 91 

town officers, 8, 9, 31, 32, 48, 49, 78, 79, 99, 100, 
116, 135, 136, 163, 187, 215 
rates, ... 14, 19, 34, 51, 54, 150, 151, 219 
presented for not repairing Joanes River 

bridge, , 17 

presented for want of pound, stocks, &c., 28, 82 

mihtary officers, . . 68, 143 

sun'eyors of highways presented, .... 82 
new plantation, made a township by the name 

of Bridgewater, 101 

apportionment of rates with Bridgewater, . 106 

Namassakeesett annexed to it, 133 

land granted to the town, 193^ 209 

Eames, Aimes, Anthony, . . 46, 63, 102, 120, 217 
propounded as freeman, 8 



Eames, Anthony, admitted a fi-eeman, .... 30 

deputy, 44, 63 

deputy from Marshfield, 32, 49, 80, 99, 115, 135, 

214 

one of the council of war, 117 

Mark, 10, 73, 75 

propounded as freeman, 8 

admitted a fi-eeman, 30 

Ensign, one of the council of war, . . . .153 

ensign at Marshfield, 80 

Justice, receives from Thomas Doged his wife's 

portion, 217 

See Aimes. 
Eastham, .... 15, 17, 26, 33, 50, 53, 85, 86, 96 

deputies, 9, 24, 32, 80, 170 

town officers, 8, 9, 31, 33, 48, 50, 78, 79, 100, 101, 
116, 136, 163, 188, 215 

rates, 14, 19, 34, 51, 54, 150, 219 

soldiers, 29, 68, 92 

miKtary officers, 74 

town presented for want of a pound, ... 82 
bounds of town, next Yarmouth, .... 165 

lands granted to the inhabitants, 194 

Eaton, Samuel, 18 

punished for stealing, 4 

Goodwife, 18 

Eddy, Eedey, Elizabeth, presented for travelling on 

Lord's day, 186 

John, 223 



Obadiah, 



190 



Samuel, land granted to, 164 

Edson, Samuel, 160 

Eel River bridge, see Bridge. 

Eldredge, Eldi-ed, Robert, 116 

takes oath of fidelity, 117 

WiUiam, 100 

Elections, see Governor, &c. 

Ellis, EUice, John, 6], 62 

lieutenant of Sandwich company, . . . . 38 

hcensed to keep an ordinary, 161 

oil restored to him, . . 182 

to train Sandwich military company, . . .188 
Lieutenant, presented for tumultuous conduct, 130 

Elmes, Elms, Rodulphus, 92,215 

propounded as freeman, 7 

admitted a freeman, 137 

fined for attending Quaker meeting, . 200, 206 

Elson, Thomas, . . 100 

England, seditious letter sent to, ...... . 188 

Ensigne, John, his choice of guardian, .... 148 

Thomas, 92, 100, 148 

propounded as freeman, 7, 78 

John Hoare's complaint against, .... 35 

Ewell, Henry, ne 

admitted a freeman, 117 

Ewer, John, administration of his estate, ... 15 



GENERAL INDEX. 



235 



Ewer, Mar)', 15 

Thomas, 138, 181 

excluded from Sandwich, . . . 153, 154 

punished for sedition, 175 

fined for not taking oath of fidehty, 168, 176, 

191 
Exportation of provisions prohibited, .... 29 

Falland, Fallan, Thomas, 79 

deput)', 115 

PaUoweU, FaUowed, Gabriel, . . 78, 109, 185, 223 

Fast day appointed, 151 

Faunce, John, administration of his estate, ... 46 

Patience, 46 

Ferrj- at Xorth River, ... 103 

Fines appropriated to raise a troop, . . . 158, 159 
Finney, John, 50, 61, 62, 73, 75, 115, 156, 160, 188, 

216, 217 

land granted to, at Saconeeset, 217 

John, Sen., surrenders Henry Coggen's lands, 166 

Robert, 9, 64, 79, 142, 206, 215 

deputy from Plymouth, 115, 135, 162, 187, 198 

fined for not serving as juror, 42 

Fipps, William, 141 

First bom children, grant of land to, . . . 215, 216 
Fish, John, ■ . . . ... 163 

Jonathan, ... . 8 

Nathaniel, . . 135 

fined for abetting an unruly servant, ... 64 
fined for refusing to aid the marshal, . 213 

Fitch, John, 79,215 

Foard, WiUiam, 116,208 

admitted a freeman, .... ... 7 

William, Sen., 136 

William, Jun., admitted a freeman, .... 136 

Forbes, Vobes, John, 160, 195 

widow, land granted to, . 195 

Foster, Richard, . ... . . . . 127 

Foxwell, Mary, .... .82 

Francis, Indian sachem, . . . ... 142 

Freeman, Edmund, ... . . . 96, 167 

Edmund, Sen., . 97 

Edmimd, Jim., fined for refusing to aid the 

marshal, .... 173 

EKzabeth, 191 

John, . . . . 33 

deputy, . .... 63 

one of the council of war, . ... 153 

admitted a freeman, . . 7 

deputy from Eastham, 99, 214 

ensign of military company, 74 

lieutenant of troop of horse, .... 174 

Samuel, admitted a freeman, 137 

Mr., 62 

and others, to pay Indians for com injured, 89 

Freemen propounded, . . . 7, 31, 78, 101, 163, 188 

admitted, 7, 30, 48, 77, 101, 117, 136, 137, 188 



Freemen, allowed further time to seek out lands, . 84 
their admission regulated, .... . . 101 

whole body of, appeared and enacted laws, . 115 
vote of towns against their being aU sum- 
moned, 174 

French, Richard, .161 

recognized to appear, cfec, 161 

Hepzibah Andrews vs., ■ . . 165, 176 

Fuller, Matthew, 47, 147 

one of the council of war, 163 

propounded as freeman, 8 

lieutenant of Barnstable company, . . . . 17 

deputy fi'om Barnstable, 24 

admitted, &c., 31 

takes oath of fidelity, .... . . 26 

presented for seditious speeches, 150 

land granted to, at Saconeeset, 216 

lieutenant in expedition against the Dutch, . 55 

Robert, 10, 158, 213 

propounded as freeman, 8, 78 

Samuel, 49, 70, 83 

Samuel, Jun., propounded as freeman, . . 8 

admitted a freeman, ... .... 30 

goods of William Pitman delivered to, . . 72 
and others, suit against Joseph BiUington, . 127 
land granted to, at Saconeeset, . . 208, 216 

Gage, Thomas, 64, 136 

presented for breach of Sabbath, 47 

Gannet, Matthew, 115 

admitted a freeman, 137 

Thomas, administration of his estate, ... 88 

Garrett, Mr., . . 157 

Gaunt, Lydia, 221, 222 

Peter, 74, 204, 224 

fine remitted to, . . . .... 209 

fined for attending Quaker meeting, . 130, 200 
recorded for harboring Quakers, . . . .213 

Goodman, .... 190 

Gibbs, Thomas, . 163 

Gifibrd, William, . . .... 138, 154 

fined for abusing the marshal, 173 

fined for not taking oath of fidelity, . 191, 201 
fined for attending Quaker meetings, . . . 200 

Gilbert, Gllber, Thomas, deputy from Taunton, . 9 
complaint against, as an appraiser, ... 42, 45 

his servant provided for, 46 

Thomas, Jun., complaint against, . . . .119 
Mrs., 132 

Gilpin, Anthony, administration of his estate, . . 83 

Glasse, James, drovraed, inquest upon, .... 16 

Gleghome, James, 93 

and his wife, presented for fornication, ... 75 

Godbertson, Godberson, Godbersom, Godbert, ex- 
ecution of Isaac Allerton against, ... 98 
See Cuthbert. 

Goodspeed, Roger, 5 



236 



GENERAL INDEX. 



Gorham, Gorum, John, 60, 157 

deputy from Yarmouth, 23 

receipt given to, for oil, 86 

presented for lewdness, 97 

Government House, 14, 195 

Governor chosen, 7, 30, 48, 77, 99, 114, 134, 162, 187, 

214 

compensation of the, 51,218 

and magistrates, accommodations for, . 121, 139 
Grand jurors chosen, 9, 32, 49, 78, 100, 115, 135, 162, 

188, 215 
their special inquiries, &c., . . 41, 47, 69, 82, 97 

refuse to be sworn, ... 121 

how paid, 143 

Granger, John, 28 

found dead, fact presented by grand jury, . 97 

administration of his estate, .... .98 

Gray, Edward, 110, 127 

suit of Samuel Cutbert against, 76 

claims goods stolen by an Indian, . . . .179 
Joseph, to be assisted by Taunton, . . 132, 134 

Green, Joseph, . . 29 

land granted to, .... 201 

Greenfield, Thomas, 115, 138 

excluded from Sandwich, 153 

prosecuted for bringing Mary Dyer to Plym- 
outh, 178 

Gurnet's Kose, 16 

Haddaway, John, 157 

Hailstone, William, 66, 133, 161 

Jonathan Briggs vs., . . . 51, 90, 103, 105, 107 

fined for not serving as juror, 11, 131 

Hall, Edward, 66, 158 

attachments against, . . . . . . 20, 21, 34 

George, 122 

John, 33, 83, 88, 115, 172 

Samuel, 83, 88 

Hallett, Hallott, Hellot, Hollet, Andrew, 100, 136, 155, 

172, 188 
John, .... ... 49, 102, 136 

contract ivith his servant, . .... 220 

admitted a freeman, 137 

Josiah, 64 

presented for breach of Sabbath, .... 47 
HaUoway, Hallowell, Hallowey, Halway, Grace, . 45 

Timothy, . . .' 182 

presented for an assault, &c., 102 

WiUlam, settlement of his estate, . . .22, 45 

widow, .... 45 

Hamblen, James, . 115, 147 

Hammond, Hamnion, Benjamin, ... . 8, 75 
Hanmore, John, admitted a freeman, .... 137 

Harding, Joseph, presented, 10 

Harlow, William, 32, 100, 215 

propounded as freeman, 31 

admitted a freeman, 48 



Harper, Robert, 138 

fined for not taking oath of fidelity, 154, 168, 176, 

181, 191, 201 
and wife, fined for attending Quaker meeting, 200 

Harris, Ai-thur, 116, 160, 163, 216 

admitted a freeman, 137 

land granted to, 193 

Harvey, WilKam, 78, 188, 215 

propounded as freeman, 31 

admitted a freeman, 101 

Hatch, Abigail, 114 

Jeremiah, 92, 115 

admitted a freeman, 137 

Jonathan, 61 

complaint against, 138 

presented for fhmishing a gun to an In- 
dian, 6 

Phebe, 114 

Thomas, 174 

Walter, 48, 75 

admitted a freeman, 137 

William, estate settled, 114 

Hatch's Island, ways to, laid out, 34 

Hathaway, Hatherway, Hatheway, Arthur, 42, 100, 202 
petitions for lands of John Barnes, .... 76 

admitted a freeman, 137 

Hatherley, Hatherly, Timothy, 3, 4, 7, 13, 17, 18, 20— 

22, 25, 30, 37—39, 41, 43, 47, 51, 55, 56, 62, 

67, 73, 76; 77, 81, 84, 87, 89, 90, 92, 95, 96, 

99, 103, 108, 111, 114, 117, 122, 123, 128, 

133, 134, 139, 159. 

one of the council of war, . . ... 28 

an Assistant, ... 7, 30, 48, 77, 99, 114, 134 

to have the care of Scituate military company, 1 1 

one of the council of war, 26, 138 

to marry persons, and administer oaths, at 

Scituate, 152, 166, 192 

lands granted to, and laid out, . 52, 53, 103, 165 

Haward, John, 116 

John, Sen., . . 160 

John, Jun., 215 

Nathaniel, .... ... .160 

Thomas, admitted a freeman, 137 

Thomas, Sen., 49 

land granted to, 193 

Thomas, Jun., 135, 160 

See Heward. 

Hawes, Edmund, 96,146,163,171,173 

deputy for Yarmouth, 32, 44, 49, 63, 79, 99, 115, 
135, 170, 187, 198, 214 
John, indicted for murder, and acquitted, . . 205 
Hawkes, Lodowiok, fined for refusing to aid mar- 
shal, 221 

Hawkins, Job, petitions for land of William 

Hohnes, 51, 131 

Hawthorne, Major, 189 



GENERAL INDEX. 



231 



Hedge, Hedges, William, . 10, 40, 61, 62, 162, 172 

one of the council of war, . 153 

presented for several offences, 17, 150 

ensign of Yarmouth company, 38 

to exercise Yarmouth company, 87 

captain of Yarmouth company, 169 

Heward, John, 16 

See Haward. 

Hewes, John, 28, 163 

John, Sen., 9, 32 

Hicks, Hickes, Ephraim, .settlement of his estate, . 202 

the younger, 217 

Lydia, fined for attending Quaker meeting, . 200 
Margaret, to have the improvement of her 

late husband's estate, . . 202, 203, 217, 218 
controversy with Samuel Hickes, . . 206, 217 

Robert, 217 

one of the purchasers of Cushena, &c., . . 186 
Samuel, 15, 16, 48, 100, 109, 186, 196, 200, 205, 

206, 217, 218, 223 

his goods attached, . 169 

Thomas, 37 

deceased, his estate, 37 

\\idow, . . 37 

Hide, Nicholas, 66 

fined, 4 

Hieland, Thomas, Sen., and Thomas Hieland, Jun., 
acknowledgment to Mr. Chauncy and 

others, 46 

Hifemey, AVilham, 220 

Hi^ins, Higgens, Higges, Richard, . 129, 175, 195 

deputy, 44 

deputy from Eastham, 32, 78, 115, 135, 187, 198 

land granted to, . . 123, 142 

Highway, see Way. 

Hincldey, Hinkley, Samuel, 101, 116 

land granted to, 164, 208, 216 

Thomas, 61, 62, 64, 66, 73, 75, 94, 129, 144, 150, 
154, 155, 157, 160, 162, 170—172, 180, 187, 
193—195, 197, 198, 201, 205, 208, 214, 221, 
222. 

one of the council of war, 153 

deputy from Barnstable, 24, 44, 49, 63, 80, 155, 

170 

land granted to, 164 

an Assistant, 134, 162, 187, 214 

town clerk of Barnstable, ... .63 

magistrate of Barnstable, 118 

one of council of war, . . . . . 138 

lands granted to, 164, 216 

and Nathaniel Bacon, to purchase all the 
land they can of the Indians, . . . .216 

Mr., 86, 139, 156, 175 

Hinksman, Edmund, 28 

Mr., 34 

Hingham, lands of, at Conahassett, . . .63 



Hoar, Hoare, Hore, Hezekiah, 49, 1 16 

ensign of company in Dutch war, .... 29 

propounded as freeman, 31, 78 

John, 35, 92 

his petition concerning Conahasset lands, 18, 34 

propounded as freeman, 8 

Richard, 172 

Hobson, Henry, suit againt Philip Pointing, . .182 
prosecution against him for illegally marrying 

persons, 209, 220 

Hog Island, controversy about, 142, 157 

Holder, Christopher, a Quaker, 127 

prosecuted, 123, 124, 213 

Holman, Edward, 64 

warned not to visit Martha Shrive, ... 6, 37 
punished for drunkenness, . . . .36, 222, 224 

John Barnes vs., 126 

fined for lying, 129 

fined for harboring Barnes's servant, . . . 224 
Holmes, WilKam, his land claimed by Job Haw- 
kins, . . . ; 51, 131 

admitted a freeman, 136 

complaint against Dinah Silvester, 205, 207, 211 

Goodmfe, 211 

Hopkins, Mr., his house taken for use of colony, . 14 
Horses found on the countiy's lands to be seized, . 222 

Hoskins, Hoskine, WiUiam, 49, 210 

land granted to, . . . 194 

his bond to account, &c., 209 

House, Samuel, ... .... 10, 32, 164 

House of correction, 137 

Howell, Thomas, his estate, 3, 11, 14 

Howes, Joseph, 215 

propounded as freeman, 78 

admitted a fi-eeman, 117 

Thomas, 49, 195 

deputy from Yarmouth, 9, 32, 135, 162, 187, 198, 

214 

Thomas, Sen., 207 

Mr., . . . .... 17, 113, 146 

Howland, Arthur, 49, 72, 98, 126 

his bounds settled, 62, 76, 90, 97, 102, 104, 105 
punished for sundry offences, 124, 125, 129, 139, 

224 

Henry, 32, 94, 100, 115, 129 

fined for harboring Quakers, . 186, 201, 224 

disfranchised, 167, 176 

prosecuted for stopping highway, . . . .186 

John, .... 71, 87, 116, 129, 169, 219 

admitted a fi-eeman, ... .... 137 

deputy from Plymouth, 8, 31, 44, 49, 63, 79, 

99, 135, 170, 214 

land granted to, at Saconeesett, . . . .216 

John, Jr., 72,126 

Zoeth, a Quaker, prosecuted, . . 125, 126, 129 
Mr., 86 



238 



GENEEAL INDEX. 



\ Huchin, Robert, a Quaker, prosecuted, .... 124 

Huckens, Thomas, 78, 116, 163, 200 

admitted a freeman, 7 

licensed as retailer, 22 

prosecuted for abusing a servant, 61 

Hudson, Ann, 97 

John, 97 

Hughes, Emanuel, 58 

Cross, .... 108 

HuU, Blanch, fined, . 97 

Trustrum, Ill, 113, 147, 215 

admitted a freeman, ... . .7 

his controversy with Thomas Bourne, . . 208 
complaint of John Willis against his wife, . 5 

Hunt, Edward, 99 

John, 125, 126 

and Samuel, their testimony against Qua- 
kers, ... 125 

Peter, 100, 120, 129, 133, 142, 158, 180, 222 

deputy, . . . 63 

deputy from Rehoboth, 24, 49, 80, 187, 198, 

214 
Keutenant of Rehoboth company, ... 63 
one of the council of war, ... . . 153 

Samuel, . 126 

Lieutenant, 213 

Goodwife, her estate settled, . . . . 202 

Impressed soldiers, released, 38 

their petition for indemnity, 41 

Impressment of soldiers for Dutch war, 29, 39, 54, 57 

of vessels for Dutch war, 29, 57 

of soldiers for war against Ninnegret, . .68 

Inns, see Ordinaries. 
Indian grant of lands to Barnstable, . . 137, 138 

to Yarmouth, . 145, 146 

Indian lands at Sepecan to be purchased by PljTn- 

outh, 84 

William Nicarson fined for bu)-ing mthout 

Hcense, ... . . 101 

purchased by Joseph Rogers, . . . 142 

purchased by William Niokerson, . . 165 

persons Kcensed to purchase, . . 123,216,217 
towards Saconeesett, to be bought, . . . .217 
Indian, Janno, complaint of, against inhabitants of 

Yarmouth, . .113, 114. 117 

Indian Head River, ... . . 106, 209 

Indians, trespasses upon, punished, . 74 

complain of trespasses on theh lands, 21, 106, 119, 

132, 167, 192, 222 
expedition against Ninnegret, . . . 67, 91 

at Manomet, paid for injury done to their 

corn, 89 

at Manomet, James Skifie to purchase land of, 104 
at Manomet, land purchased of, for Josias 

Standish, 207 

paid for killing wolves, ... . . 50, 83 



Indians, mission to Ussamequin, to request him to 
deKver up an Indian charged with mur- 
der, 133 

Wamsitta applies for redress for wrong done 

him by a Narragansett sachem, . . .192 

powder granted to Wamsitta, 192 

Wamsitta called Alexander Pokanokett, . .192 
Sampson, prosecuted for defaming Governor 

Prence, 132 

Repent, an Indian, punished for threatening 

the Governor, 138 

prosecuted for steaKng, 90, 179, 209 

fined for taking up horses, 200 

prosecuted by Richard Morris, .... 148 
their complaint against several persons, 88, 175, 180 
Indian, Janno, see Janno. 

Indian names : Aquaquesett, 142 

Coituite Pond, in Barnstable, 144 

Caucantawashuok, 209 

Masshantampaine, 90 

Cotocheset Neck, in Barnstable, 144 

Mattahquesett, 142 

Moash, 144 

Nunnaquaquat, 181 

Pohkenonpamitt, 133 

Paupmunnucke, 144 

■ Pochassett, «... 181 

Quachevenett, 200 

Saquatam, ... 200 

Wampeas, 175 

Waumpum, 144 

Ingram, Ingeram, Richard, 79 

Inquests on dead persons, 15, 16, 28, 39, 40, 70, 71, 92, 
109, 146—148, 158, 159, 172, 195, 196, 208, 
213, 221—223. 

Irish, John, grant of land to, 149 

Iron worlvs at Taunton, workmen exempted from 

training, ... ... 89 

lyde, see Jyde. 

Jackson, Abraham, . .... 148 

admitted a freeman, 136 

Hugh, estate of, 15 1^ 157 

Samuel, 46 

fined for drunkenness, ... ... 221 

Janno, Joanno, Janna, his grant to Yarmouth, 113, 114, 

117, 145, 146 

Barnstable authorized to purchase his land, 201 

James, William, takes oath of fidehty, .... 58 

Jenkins, Jenkens, Edward, 92, 129, 135 

deputy, 115 

John, ... 65, 116, 138, 154, 181, 188, 204 
fined for attending Quaker meeting, . . . 200 
complaint against George Barlow, . . .183 

land granted to, 164, 208, 216 

excluded from Sandwich, 153 

fined for not taking oath of fidehty, 168, 176, 201 



GENERAL INDEX. 



239 



Jenny, Jeney, Jenney, Samuel, 116 

daughter restored to, 17 1 

Sarah, . 171 

Johnson, Hannah, land_ granted to, 182 

Humphrey, 49, 136, 149, 215 

propounded as freeman, 78 

admitted a freeman, 137 

fined for neglect of duty as rater, ... 97 
suit of Nathaniel Morton against, . . .175 

Thomas, 138 

William, . ' 195 

Sergeant, 102 

deputy li-om Scituate, 23 

takes oath of fidehty, . 26 

Jollop, John, propounded as freeman, . ... 31 

Jones, Joanes, Ralph, fined for neglecting pubKc 

worship, .... .... 124, 224 

Robert, 188 

Richard, propounded as freeman, . . .188 

Teague, prohibition to him, 37 

his controversy with Mashantampaine, . 88, 90 

and Thomas, fined for drunkenness, . . . 200 

Thomas, ordered to leave Taunton, . . . .131 

bound to appear at Court, 220 

Jones River bridge, . . 65, 219 

See Bridge. 

Jones's River Pond, 209 

Josbs, an Indian, 145 

Jourdaine, John, 109 

Joyce, John, 9, 32, 172 

Jyde, Nicholas, 119, 158 

Keith, John, 31 

propounded as freeman, 31 

Kekamewett, 192 

Kempton, Kemton, Ephraim, 9, 32 

deceased, his estate, 17, 108 

Ephraim, Jun., 17 

Joanna, 108 

. administration of her estate, 114 

Manasseh, 17, 114, 218 

deputy, ... . . 187, 198 

Kendricke, Kenericke, George, . . . . 50, 158 

Ivennebeck, Kennebecke, commissioner appointed 

to establish a government at, .... 43 
instructions to the commissioner, ... 44 

oath of fidelity taken by the inhabitants, 44, 57 
form of government, and code of laws, . 58 — 61 
Thomas Southworth an Assistant at, ... 75 

trade leased, 13, 87, 95, 107 

towns to send in their deputies about, . . 168 

deputies sent in relation to, 194 

to be sold, 194, 195 

lease surrendered, ... ... 170, 171 

troubles at, among Indians, . . 168, 170, 171 
votes passed respecting the trade, .... 184 

1 recalled, ...... ... 194 



ICerby, Kerbey, Hide, 93 

Richard, 96, 181 

excluded fi'om Sandwich, 154 

Richai-d, Sen., 204 

a Qualier, fined, 4, 111, 200 ' 

Richard, Jun., 138, 165, 204 

a Quaker, fined, 153, 168, 176, 191, 200, 201 

Sarah, punished for several offences, 96, 111, 112 

Kinge, Samuel, suit against Samuel Cutbert, . . 42 

Thomas, admitted a freeman, 137 

Knapp, Knap, Aaron, 40 

propounded as freeman, . 163 

Knowles, Richard, 30 

Lake, Thomas, .... 88 

Mr., 103 

Lakenham, . . . ... .... 194 

Latham, Robert, 82, 143 

committed for trial, ... . . 70 — 72 

indicted for manslaughter, . 73 

found guilty of manslaughter, and sentenced. 73 

Susanna, presented, 82 

presented for abusing servant, 143 

Launder, Jane, . . . . . .... 112 

prej;ented for making distm-banoe in meeting 

on Lord's day, Ill, 112 

Thomas,. ... ... 66 

fined for fornication, . .... 

freed from pajdng his fine, . -. .42 

Wilham, Ill 

Law requiring two witnesses to condemn a man, . 107 
Laws revised and reenacted; .... 115, 117, 129 
to be furnished to each town, . . . . 143 
Lawson, Christopher, recognized to appear and an- 
swer, 88 

Ledra, William, required to leave the colony, 176, 178, 

184 
Lendall, James and Mary, settlement of their es- 
tates, 22 

Leonard, Lenard, James, presented, 176 

Philip, presented, . . 176 

Lenerson, Solomon, ... . 160 

Letters, sent to England, broken open, . 190 

Lettice, John, 196 

Thomas, propounded as freeman, . ..31 

admitted a fi-eeman, .... . 48 

his -suit against Thomas Pope, 173 

Leverett, John, Captain, 54, 55 

Leveridge, Leverich, William, fined for exchanging 

gun with Indian, . . . . 36, 102 

Mr,, 194 

Lewis, Lewes, George, his claim against Gilpin's 

estate, . . .... .... 83 

admitted a freeman, 117 

James, admitted a fi-eeman, 136 

John, 36 

indebted to John Saffin, 74 



240 



GENEKAL INDEX. 



Lewis, Thomas, admitted a freeman, 136 

Lightning, James Peirse killed by, 196 

Lincoln, Linkcolne, Thomas, 135 

Thomas, admitted a freeman, 137 

Ling, ]Mr., one of the Merchant Adventurers, . .191 

Linnet, David, 11 

Loe, Anthony, fined for selling pistol to Indian, . 137 

Long Island, 108 

Lothrop, Laythrope, Barnabas, 157 

John, administration of his estate, .... 46 

Joseph, 78, 147 

propounded as freeman, . . .78 

licensed to keep an ordmary, 38 

admitted a freeman, 101 

Marke, 136, 160 

Thomas, 100 

admitted a freeman, 101 

Mrs., ... 46 

Lucas, Thomas, 110, 196, 223 

punished for drunkenness, 150, 173, 200, 206, 207, 

212 

fined for threatening speeches, 181 

his bonds forfeited, 220 

Lumbard, Abia, presented, ... . .75 

Lumbert, Lumberd, Barnard, . . .17, 36, 118, 163 

ensign of Barnstable company, 17 

Caleb, prosecuted for swearing, 199 

Jedediah, 201 

Joshua, 157 

Ensign, 194 

Mary, 36 

Thomas, Sen., complaint against his son, . . 20 1 
Lumkin, Lumpkin, William, ... 9, 50, 79, 162 

Lynnall, David, 147 

Macy, Masye, George, .... 32, 49, 79, 100, 132 

propounded as freeman, . . 31 

admitted a freeman, 48 

Magistrates, table charges of, 16, 51 

specially appointed for remote towns, . . . 118 

provision made for, ... 121 

Major appointed, his commission and instructions, 149, 

152 
Man, Richard, ... ... . 92, 97, 98 

drowned, inquest upon, 92 

settlement of his estate, 96, 98 

Mannamuch Bay, 68 

Manomett, Mannomett, .... 89, 154, 167, 194 
lands, to be purchased for Josiah Standish, 217 

Marchant, John, 64 

propounded as freeman, 8 

presented for abusing Annis PhilKps, . . 36, 41 
Marshal, Samuel Nash chosen and approved, . . 12 

his oath and fees, 11, 12 

allowance made to, 74 

for Sandwich, Barnstable, and Yarmouth, . . 140 
his oath, . ... ... 141 



Marshal, see Under marshal. 

Marshall, Robert, judgment against Thomas 

Sowell, 222 

Marshfield, 25, 85, 86 

deputies, ... 9, 24, 32, 33, 80, 170, 201 

soldiers, .. 29, 68, 92 

town officers, 8, 9, 31, 48, 50, 78, 79, 100, 101, 
116, 136, 163, 188, 215 

rates, 14, 19, 34, 51, 54, 150, 219 

town presented for not having powder, . . 5 

presented for want of stocks, pound, and 

whipping post, 28, 82 

military oificers, 80, 87 

church, petition to raise money, 81 

petitions for land, and petition granted, 193, 209 

Marshpee Pond, 68 

Martin, John, 158 

Mashantampaine, Masshantampaine, . . . . 132 

his complaint against Teague Jones, . . .88 

accused of stealing, 91 

Mashpea Indians, complain of trespass, .... 132 
lands, taken up by sundry persons, . . .85, 208 

Massachusetts, 216 

Path,. . . 168 

letter sent to England by Deputy Governor of, 

broken open, 190 

writing received from, about articles of con- 
federation, . 33, 43 

letter about an Indian charged ivith murder, . 133 

bounds near Soituate, 13, 74 

and Plymouth bounds, 166 

line to be run, 166 

Massapauge Pond, 164 

Mathews, James, 48 

Mattacheese, see Yarmouth. 

MaxweU, Clement, . 40 

Maycomber, William, . . .33, 78, 91, 135, 188, 200 

Maj'field, Clement, 9 

Mayne, Ezekiel, 220 

fined for misdemeanor, 206 

Mayo, John, . 101, 136 

Nathaniel, 78, 136 

admitted a freeman, 7 

deputy to General Court, 187 

Samuel, 5, 57, 109 

Measures, standard, wanted, 10 

Merchant Adventurers, 191 

Merrick, Merricke, William, 135 

propounded as freeman, 7 

admitted a freeman, ... 137 

Merritt, Henry, administration of his estate, 51 

John, 51, 100, 188 

Mitchell, Michell, Experience, .... 62, 136, 163 

his lands at Marshfield, 76 

fined for not serving as juror, 168 

Military affeirs, . . . 23 — 26 



GENEKAL INDEX. 



241 



Military affiiirs. company at Sandwich, . 11, 138, 151 

company at Scituate, 11,89 

companies, allowed to meet together, . . .138 

general training, . . 166, 191 

oath of clerk of, ... . .... 41, 50 

watch to cease, .... . . . . 38 

MiHtary officers : Bamstalbe, 17 

Bridgewater, .... 188 

Duxbm-y, . . 68, 143 

Eastham, . . 74 

JNIarshfield, . 80, 87 

Pl}Tnouth, 169,214 

Kehoboth, . 63 

Sandwich, 38, 80, 188 

Scituate, 14, 80 

Yai-mouth, 38, 87, 91, 143, 169 

Miller, Joane, presented for abusing husband, . . 75 

John, 172 

admitted a freeman, 137 

Obadiah, 75 

Mr., presented for scandalizing government, 10 

Moash, 144 

Morey, Jonathan, prosecuted, 127 

Moris, Morris, Adonijah, 93 

punished for trespass, ... . . 74 

Richard, 164, 165, 181 

his complaint against Indians, 148 

takes oath of fidelity, . . . . . 181 

Nuunaquaquat Neck granted to, . . .181 

Captain, ... .... 193 

Morton, Ephraim, . . . 16, 49, 129, 205, 218 

deputy from Plymouth, 115, 162, 187, 198, 214 

John, 15, 48, 109, 188, 196, 216 

lands granted to, 164, 217 

Nathaniel, 113, 119, 130, 131, 149, 161, 168, 172, 

210 
sworn as clerk of the Court, . . .16 

his complaint against Johnson, .... 175 

Thomas, . . 32, 116 

admitted a freeman, 117 

Moses, John, 32, 196, 223 

presented for frequenting taverns, . . . . 17 

fined for drunkenness, . ... 222 

Muckenney, Daniel, fined for drunkenness, . . 168 

Naighbour, Naighbore, James, 8 

propounded as freeman, 31 

admitted a freeman, . .... .48 

Namaskett, 159 

Namassakett, .... 216 

Namassachesett Ponds, . 201 

Namassakeesett, Namassackeesett. Namassakesett, 10, 

168, 194 
annexed to Duxbury, . . ... 133 

Narragansett sachem, land sold by, 192 

Nash, Samuel, one of the council of war, . . . 153 

marshal, . . . . 12 

VOL. III. 31 



Nash, Samuel, deputy from Duxbury, ... 23 

Marshal, 94 

Lieutenant, . . 186 

Nelson, William, 116 

propounded as freeman, 101 

admitted a freeman, 137 

presented for lewdness, 159 

land granted to, 216 

Newland, Elizabeth, 113 

Jeremiah, fined, . 168 

presented, . . . . 176 

John, . . .... 138,201 

his wife prosecuted for attending Quaker 

meeting, Ill 

not to suifer Quaker meetings at his house, 113 
fined for not taking oath of fidelity, 168, 181, 

191, 201 
accused of blasphemy, .... . . 190 

and wife, fined for attending Quaker meet- 
ing, . 200 

William, 76, 123, 176, 204 

to train Sandwich military company, ... 11 

fined for absence as deputy, 26 

prosecuted, &c., for harboring Quakers, 123, 130, 

197, 213 
bound for daughter's appearance, &c., 150, 154 
his complaint against George Barlow, 158, 191 

disfranchised, 167, 176 

warrant to search his house for papers, . 173 
complaint of Indians against, .... 175 
and wife, fined for going to Quaker meet- 
ing, 200 

fined for refusing to serve on a jury, . . 224 

Newman, Samuel, propounded as freeman, . . 188 

Nicholson, William, . 28 

Nick, an Indian, . . 145 

Nickerson, Nicarson, William, 194 

deputy from Yarmouth, 79 

petitions for his land, 120, 165 

presented for buying land of Indians, . . .101 
Ninnegrett, Niantick sachem, expedition against, 67, 91 

Norkett, William, 174 

North Eiver bridge, 193 

See Bridge. 
North River ferry, ferryman discharged, .... 103 

ways laid out, 34 

Norton, Humphrey, 124, 140 

a Quaker, prosecuted, ... . . 123, 139 

his railing papers, .... . . 149 

Nimnaquaquatt, Nunnaquaquat, Neck, . .164 

granted to Richard Morris, . . ... 181 

Nye, Benjamin, 79, 135, 191, 215 

Oath of fidelity to be administered, 41, 83, 117, 138 

secretary, 16 

town clerk and clerk of mifitia, 50 

Sandwich, Barnstable, and Yarmouth marshal, 141 



242 



GENERAL INDEX. 



Oaths to be administered to all pubKc officers, 

OgiUlor, David, 

Oil due to the colony, . . .... 17 

Old comers, see Purchasers. 

Ordinaries, at Barnstable, 

at Plymouth, 38, 159, 

at Rehoboth, . . 

at Sandwich, 

at Scituate, .... . . . . 

keepers at Plymouth, directions to, . . 

Ordway, Abner, ... 

Paddy, WiUiam, . . .24, 53, 65, 87, 94, 

his demand against Edward Hall's estate, 

his receipt to John Gorum, . . . 

Paine, Payne, Nathaniel, ... 

Stephen, 103, 120, 129, 

deputy, 

deputy from Rehoboth, 9, 32, 49, 80, 

magistrate at Rehoboth, ... 

one of the council of war, .... 

propounded as freeman, 

Stephen, Sen., 

Thomas, admitted a freeman, . . . 

Mr., 

Pakes, Thankful, drowned, inquest upon, 
WilUam, . . . . . 

propounded as freeman, 

Palmer, John, . . . 

his petition for land, 

presented for stopping highway, . . . 

Rebecca, 

Walter, 

William, his estate, 

Parker, John, takes oath of fidelity, . 

Robert, propounded as freeman, . . . 
Thomas, takes oath of fidelity, . . . 
William, . . . . 8, 41, 74, 

deputy, .... 

magistrate at Taunton, . . . 

presented for extortion, . . 

fined for harboring Quakers, . 
Parliament victories, thanksgiving for, . . 
Partridge, Partrioh, Patrich, Patrick, George, 

Ralph, his estate, . . 

Paule, Richard, ... 

propounded as freeman, . . . 
WiUiam, . . 

punished for adultery, 
ordered to leave Taunton, . . 

Paupers, &o., 

Paupmunnuck, Paupmunnucke, .... 
and other Indians, grant to Barnstable, 
their bounds settled, . . . , . 



11, 12 

. 91 

, 86, 195 

. . 38 
166, 181 

. 104 
159, 161 
. . 123 
. . 219 
52 
119, 142 
. . 34 
. . 86 

. 188 
168, 163 
. 44, 63 
99, 115, 
135, 162 
. . 104 
. . 138 
. . 163 
. . 222 
. . 137 
. . 119 
. . 92 
. . 92 
. . 101 
69, 78 
112, 113 
. . 164 
. . 5 



. 45 
. 58 
. 163 
. 58 

122, 129 
. 135 
. 118 
. 167 
. 197 
5 

49, 200, 
215 
134 

. 9,40 

. 31 

122 

. . Ill 
. 131 

. . 149 

143, 144 

and 

143, 144 



Paybody, William, 73, 75, 120, 129, 186, 193, 201, 

204, 205, 216 

deputy, 63 

deputy from Duxbury, 79, 99, 115, 135, 162, 187, 

198, 214 

land to be laid out by, 193 

land to be viewed by, 193 

Peace between England and Holland, . . . . 57 

Pearce, WilHam, ... 28 

Peck, Peoke, John, 93 

propounded as freeman, 188 

presented for lewdness, 75 

Joseph, 32, 158, 213, 221 

propounded as freeman, 188 

magistrate at Rehoboth, . . ... 104 
Joseph, Sen., magistrate at Rehoboth, . .118 

Joseph, Jun., 9 

Nicholas, 115, 120 

propounded as freeman, ....... 163 

admitted a fi-eeman, 117 

and wife, their portion of their father's es- 
tate, 142 

Peirse, Abraham, presented for neglecting public 

worship, 5 

lands granted to, 194,216 

Abraham, Sen., 194 

James, killed by hghtning, .... 195, 196 

Peirson, Peter, 176, 178, 184 

his mare released, 197 

banished, 184, 203 

Perren, John, .213 

PeiTy, Perrey, Anthony, 49, 158 

Edward. 32, 47, 64, 116, 138, 181 

fined for not taking oath of fidelity, 154, 168, 

176, 191 

fined for illegal marriage, 46, 52 

fined for threatening speeches, 173 

fined for kilKng a steer, .... 173 

execution of Henry Saunders against, . 179 

Ezra, 211,215 

executor of Sarah Perry, 163 

Sarah, . . 163 

Perrum, John, . 158 

Phelps, Thomas, . 82 

Philij>, Indian sachem, 192 

Phillips, Agnesse, 41 

Annis, . 36 

John, 79, 116, 124, 125 

suit against Joseph Rose, ... . . 39 

propounded as fi'eeman, 163 

John, Jun., killed by lightning, 148 

Thomas, 36, 41 

William, 33 

Pidcocke, Pitcocke, George, 4, 116 

fined, . . 4 

Pinchen, Pincen, Pinchin, Thomas, 78 



GENERAL INDEX. 



243 



- Pinehen, Thomas, admitted a freeman, .... 137 

Goodman, 5 

Pitman, William, presented for stealing, . . .72, 73 

Pitts, Peter, 78, 102, 136, 163 

admitted a freeman, 137 

Plymouth, 13, 15, 25, 50, 61, 85, 86, 219 

deputies, 8, 23, 31, 79, 170 

soldiers, 29,68,91 

town officers, 8, 9, 31, 32, 48, 49, 78, 79, 99, 100, 
116, 135, 136, 163, 187, 215 

rates, 14, 19, 34, 51, 54, 150, 219 

licensed to purchase lands at Sepecan, ... 84 

lands at Punkateest, 165, 184 

land at Sepecan to be bounded, 193 

lands near Rhode Island to be boimded, . . 193 

military oflBcers, 169,. 214 

ordinaries, 38, 159, 166, 181 

presented for not having standards for meas- 
ures, 52, 82 

presented for not having pound, 82 

presented for not repairing ways, ... 17, 82 
presented for not repairing Jones River 

bridge, 17 

powder returned to the town, 219 

raters complained against, 179 

and Massachusetts bounds, 166 

Pochasset, Pochassett, 164 

Neck, granted to Richard Morris, . . . .181 

Pohkenonpamitt, 133 

Pointing, Philip, Henry Hobson vs., 182 

Pole, William, 122 

Poole, William, one of the council of war, . . . 153 

Pompmo, 142 

Pope, Thomas, .... 9, 15, 109, 142, 159, 173 

sued by Thomas Lettice, 173 

his dispute with ShirtMe about bounds, . .169 
Powder, belonging to the country, how secured, 87, 120, 

151 

apportioned among the several towns, ... 33 

spent at general training, &c., . . 166, 191, 219 

Powell, Jane, presented for fornication, .... 91 

Pratt, Bathsheba, 108 

Benajah, 136 

admitted a freeman, 48 

Benjamin, 163 

propounded as freeman, .... . . 31 

Joshua, .15 

administration of his estate, . . . 108 

Phineas, land granted to, 145 

Prence, Thomas, 6, 7, 13, 15, 17, 21, 30, 35, 38, 41, 43, 
46, 52, 55, 56, 58, 61, 66, 67, 73, 87, 89, 91, 
94—96, 99, 108, 114, 122, 128, 132, 134, 
142, 150, 152, 153, 155, 162, 170, 171, 175, 
180, 187, 197, 198, 205, 214. 
Governor, . . . 114, 134, 162, 187, 214 

an Assistant, ... . 7, 30, 48, 77, 99 



Prence, Thomas, one of the council of war, . . 26, 28 
president of the council of war, . . . 117, 138 
commissioner of United Colonies, 30, 67, 77, 99, 

115, 135 
commissioner to Kennebec, and his instruc- 
tions, 43, 44 

complaint of Hugh Cole against, 83 

one of lessees of Kennebec trade, .... 9c 

paid for services at Kennebec, 105 

guardian to Jonathan Briggs, 107 

land granted to, at Satuckett, 217 

authorized to purchase lands of the Indians, . 217 
Presentments by grand jury, 5, 10, 11, 17, 28, 36, 41, 
47, 52, 69, 72—75, 82, 150, 158, 139, 168 
Press warrants, see Impressments. 

Prior, Joseph, " 178,213 

propounded as freeman, 163 

punished for several offences, . .4, 177, 180, 213 

Prison at Plj-mouth enlarged, 137 

Pi'otest of John Watson, 112 

Punckatesett Neck, 165 

lands, granted to Plymouth, 165 

lands, not to be sold to Plymouth, .... 184 

Purchase, Oliver, deputy, .... .... 63 

Thomas, takes oath of fidelity, .... 68 

of Pashipscott, thanked for his services, 63 

Ensign, 25 

deputy from Taunton, 23 

Purchasers' lands, between Yarmouth and East- 
ham, 53, 165 

then- title inquired into by grand jury, ... 83 

Quakers, 185 

letters sent to England broken open by, . . 190 
punished. 111, 113, 124, 125, 127, 129, 130, 138 
— 140, 146, 147, 153, 168, 176, 178, 181, 
191, 208, 213. 
measures taken to prevent the coming of, . . 154 
their houses searched for seditious papers, . . 173 
persons prosecuted for aiding, 183, 185, 186, 189, 

191, 197, 200, 201 
deposition of WUliam Sabin against, . .189 

their horses seized, ... 204 

disfranchised, 167, 176 

required to leave the government, 123, 176, 178, 

184, 197, 199, 203 
Ramsden, John, . . ... ... 69, 75 

Joseph, sued by George Bonum, 147 

ordered to remove his family from the woods, 6, 

102 

Rachel, 18 

Randall, EKzabeth, presented for lying, .... 47 

presented, . . . ■ 75 

fined, 93 

William, 116, 136, 213, 223 

propounded as fi'eeman, . 31 

admitted a freeman, . . 48 



2U 



GENERAL INDEX. 



Kandall, William, his land to be laid out, . . .213 

and wife, presented, . 75, 223 

Ransom, Ransome, Robert, his complaint against 

Thomas Dexter, Jun., 63 

Rates ordered and apportioned upon the towns, 14, 19, 

47, 86, 150, 201, 218, 219 

certain towns to pay wheat and corn, . . . 106 

payment of them enforced, 222 

Rawlins, Lydia, 36 

presented for lying, 52 

Nathaniel, 36 

Thomas, 52, 114 

Read, John, 158, 213, 222 

Reap, William, a Qualier, ordered out of the col- 
ony, 203 

Rediway, Reddaway, James, 33, 158 

Reed Pond, 169 

Rehoboth, .... 26, 50, 85, 86, 118, 167, 170 

deputies, 9, 24, 32, 80 

soldiers, 29, 68, 92 

town officers, 8, 9, 31, 33, 48, 50, 78, 79, 100, 101, 
116, 136, 163, 188, 192, 215 

rates, 14, 19, 34, 51, 54, 150, 219 

presented for not having stock of arms, . . 5 
presented for not choosing mihtary officers, . 36 

miUtary officers, 63 

petition to raise money for support of minis- 
ter, 81 

pays quota of expense of Indian war, . . 103 

ordinary, 104 

commissioners to decide causes at, ... . 104 

magistrates, 104, 118 

licensed to make a pound, 86, 119 

to extend to Sowamsett, . . . .219 

Repent, an Indian, . . 137 

Rew, Edward, . 40 

Richards, John, takes oath of fidehty, .... 58 

Mrs., claims an estray, . .... 18 

Rickard, Richard, Giles, ... .... 15, 196 

fined for selling wine to Indians, . ... 207 

Giles, Sen., ... 64, 109, 135, 147, 156, 222 

presented for lewdness, 36 

his demand against John Beasell, . . 
to keep an ordinary at PljTnouth, 159, 
fined for keeping disorderly house, . 
Giles, Jun., propounded as freeman, 

admitted a freeman, . . 
Hester, punished for lewdness, 

John, 

propounded as freeman, 
admitted a freeman, . 
Rider, Ryder, Samuel, 

one of the council of war, 

deputy from Yarmouth, 

presented for abusing constable. 

difference with his company, 87, 91 



181, 



136, 163, 172 



210 
219 
222 

31 

48 
210 
196 

78 
101 
188 
153 

23 
68, 69, 74 



27, 



99, 



Rider, Samuel, admitted a freeman, 137 

lieutenant of Yarmouth company, . . .38, 143 
Samuel, Sen., 100, 115 

Ring, Ringe, Andi-ew, 15,49,78,215 

Roberts, Thomas, 116 

Robinson, Isaac, . 147,161 

his complaint against John Pinney, .... 156 

prosecuted for abetting Quakers, 183 

disfranchised, and afterwards restored, . . .189 

hnd granted to, at Saconeesett, 216 

Thomas, 37, 48, 180 

fined for neglect of duty as rater, .... 97 
fined for not taking oath of constable, . . 100 

Rogers, James, vs. John Cobb, 84 

John, . . 48, 124, 125, 129, 163, 200, 216 

deputy, 115 

land granted to, ... . 63 

John, Jun., propounded as freeman, . . . 163 

Joseph, 61, 62, 124, 125, 205 

one of the council of war, 153 

purchases lands of Indians, . .... 142 

his estate settled, 206 

Susanna, 206 

Lieutenant, one of the council of war, . . 13S 

Rose, Roes, Roese, Joseph, . . .28, 39, 64, 72, 148 
and his wife, presented for fornication, ... 47 

Rosse, John, his complaiat against his master, . 132 

Rouse, John, 70, 100, 139 

admitted a freeman, 136 

a Quaker, prosecuted, .... . . 140 

committee to settle his bounds, 201 

Rowley, Mary, 33 

Moses, claim against Palmer's estate, ... 46 

Russell, George, 48, 102, 163, 168, 208 

presented for abusing constable, . ... 10 

presented for neglecting public worship, . . 10 

propounded as freeman, . 78 

admitted a fi-eeman, .... .... 117 

John, 70, 102, 115, 148, 215 

Sabine, Sabin, William, . . 32, 100, 195, 213, 222 
propounded as freeman, .... . 8 

admitted a fi-eeman, 117 

Mr. Cottington's complaint against, . . .13 

deputy, 115, 162, 187, 198, 214 

his deposition against Quakers, 189 

Saconeesett, ... ... 217 

purchasers, 164, 208, 216 

Saconett lands granted to servants, 216 

Saffin, John, . ... .... . 212 

his demand against John Lewis, .... 74 

Mrs., 186 

Sampson, Abraham, propounded as freeman, . . 31 

admitted a freeman, . 48 

Henry, 94, 162, 215 

an Indian, . 132 



GENERAL INDEX. 



•245 



Sandwich, 15, 18, 22, 25, 61, 85, 86, 132, 140, 170, 

195, 203 

deputies, 8, 23, 32, 79, 166 

soldiers, 29, 68, 91 

town officers, 8, 9, 31, 32, 48, 49, 78, 79, 100, 
116, 136, 163, 188, 215 

rates, 14, 19, 34, 51, 54, 150, 219 

marshal, 141 

military company, 11, 138, 151 

miKtary officers, 38, 80, 188 

ordinary, .... .... 159, 161 

rates abated, .... ... . 167 

bounds, ... 4 

freemen's petition for land granted, . . 68, 85 
allowance to their jurors, ... ... 143 

required to choose grand jm'ors, . . . .83,118 

constable required to be sworn, 84 

regulations for admission of inhabitants ; none 
admitted without consent of church ; and 
certain persons excluded, . . . . 153 
measures taken to exclude Quakers, . . . 154 
complaint of disorderly meetings at, . . .111 
presented for not having stock of powder, . 6 
presented for want of arms, stocks, and whip- 
ping post, 82 

presented for not building Eel River bridge, 10, 

20 
Sargent, "William, admitted a freeman, .... 137 

Satuett, Satuckquett, Pond, 68, 107, 193 

Satuckett lands, chosen by purchasers, .... 165 
land at, granted to Governor Prence, . . . 2 17 

Saunders, Hem-y, 179, 215 

his execution against Perry, 179 

prosecuted for killing a cow, 157 

punished for not aiding constable, . . . 124 

excluded from Sandwich, . 153 

Sautuckett River, .... 165 

Savory, Ann, punished for lewdness and drunken- 
ness, 212 

Thomas, 212 

under marshal, 12 

fined for drunkenness, ... . . 181 

, 94 

Scittuate, 25, 85, 86 

deputies, 9, 23, 32, 79, 166, 170 

soldiers, 29,68,91 

town officers, 8, 9, 31, 32, 48, 49, 78, 79, 99, 100, 
116, 136, 163, 188, 215 

rates, 14, 19, 34, 51, 54, 150, 219 

answer to petition from, . . . . • 167 

ordinary, .... .... . . 123 

bounds fixed, 6 

required to run line at Accord Pond, . . . 102 
military officers, .... .. 14, 80, 130 

miUtary company, . . • • 11, 89 

required to afford relief to John Palmer, 



113 



Scittuate, presented for not having pow'der, . . 5 

presented for not repairing bridge, . . . . 17 
presented for not repairing pound, . . . 36 

discharged from penalty for purchasing land 

of Indians, 13 

Timothy Hatherly to administer marriage 

in, 192 

Scudder, John, 32 

propounded as freeman, 31,48 

Sears, Sares, Richard, 9, 155, 188 

propounded as freeman, ... .8 

admitted a freeman, 31 

Secuncke, .... . . . . . 183 

Sedgwicke, Robert, .... . . 54, 55 

Seklett, Abraham, 92 

Sepecan lands, purchased by Plymouth, . . .84, 193 

Servants, lands granted to, . 216 

Shaw, Shawe, James, 16, 127 

propounded as freeman, 31 

admitted a fi-eeman, .48 

Jonathan, . 163 

admitted a freeman, 117 

Sergeant, 116, 202 

Shelley, Hannah, punished for lewdness, . . .11 

Robert, 78 

propounded as freeman, 8 

admitted a freeman, 48 

Sherive, Thomas, warned not to visit Edward Hol- 

man, . . 6 

See Shrive. 

Sherman, William, 9, 1 15 

Shrive, Martha, . 37 

Thomas, 37 

Shurtleff, Shirtley, Shiurtley, Shirtlife, William, 100, 

109, 163 

propounded as freeman, 163 

admitted a freeman, 188 

' dispute with Thomas Pope about bounds, . .169 
Silvester, Dinah, prosecuted for defamation, 205, 207; 

211 
Joseph, bound for Dinah Silvester, . . 205 

Richard, ... . . . . 50, 78 

Simons, Moses, . . . . . . ... 116 

Skiffe, James, 25, 61, 62, 85 

deputy from Sandwich, 23, 32, 44, 49, 79, 99, 115, 

135 

to train Sandwich company, 151 

licensed to purchase Indian lands, .... 104 

land granted to, 52, 68, 84 

summoned to answer, 155 

SKver, PhiUp, 195 

Slocum, Slocom, Anthony, 49, 163 

admitted a freeman, 117 

Smally, Smallee, John, 49, 188 

and others, land granted to, 142 

Smith, Daniel, . . . ... 158 



246 



GENERAL INDEX. 



Smith, Daniel, admitted a freeman, 117 

Deborah, fined for attending Quaker meeting, 2% 

Francis, 79, 100, 215 

Henry, 10, 163, 213 

propounded as freeman, 163 

James, takes oath of fideKty, 58 

John, 16, 39, 40, 50, 65, 94, 109, 115, 147, 204, 

213 

presented, 52 

deputy from Barnstable, . . . . .99,115 
John, Sen., presented for sundry offences, . 27, 39 

John, Jun., 29, 169 

presented for harboring Quakers, . . . 185 
and wife, fined for attending Quaker meet- 
ing, 200 

Ralph, 188 

punished for lying, &c., .... .213 
flichard, fined for not aiding marshal, . . .213 
, of Taunton, . . 105 



Snow, Anthony, . 8, 70, 72, 129, 131, 134, 148, 208 
deputy of ISIarshfield, 99, 135, 162, 187, 198, 214 
his bounds settled, . . .... 138, 217 

Mark, 78,116 

propounded as freeman, .78 

admitted a freeman, . 117 

Nicholas, 33 

deputy from Eastham, 9, 115 

William, 160 

Soule, George, 47, 102, 138 

deputy, 44 

deputy from Duxbm:y, 31,49 

his land laid out, 134 

John, 47 

propounded as freeman, ... ... 31 

Kanelm Winslow against, . . ... 46 

fined for attending Quaker meeting, . . . 200 
presentment against, . . . . . 207 

Zaohariah, . . ... 79, 135 

propounded as freeman, ... . . 8 

admitted a freeman, .... ... 3 1 

South River, ways at, laid out, 34 

bridge, .17 

Souther, Sowther, Nathaniel, land granted to chil- 
dren of, . 182 

Southworth, Constant, 21, 22, 53, 87, 96, 102, 116, 
137, 138, 149, 157, 161, 171, 172, 174, 186,' 
192, 194, 195, 201, 202, 204. 
land to be laid out by, . . . . . 193 

land to be viewed by, I93 

deputy from Plymouth, ... ... 44, 170 

deputy fi-om Duxbuiy, 8, 23, 31, 49, 79, 99, 135, 

162, 187, 198, 214 

compensation made to, . . 139 

treasurer, 162, 187, 214 

one of the council of war, . . . 138, 153 

freed from office of ensign, . . 26 



Southworth, Constant, his claim for mending 

bridge, 112 

to provide for Governor and magistrates, . .121 

Thomas, 15, 16, 25, 33, 34, 58, 75, 117, 120, 122, 

124, 126—128, 133, 134, 142, 147, 150, 155, 

157, 160, 162, 164, 169, 170, 174, 177, 179, 

180, 185, 187, 197, 198, 202, 203, 205, 209, 

211, 214. 

one of the council of war, . 26, 28, 138, 153 

deputy from Plymouth, . . . . 8, 23, 31, 44 

an Assistant, . . 7, 30, 114, 134, 162, 187, 214 

commissioner of United Colonies, . 162, 187 

an Assistant at Kennebeck, 75 

captain of Plymouth company, . . 169, 214 
lieutenant of troops raised for Dutch war, . 29 

compensation made to, 166 

Lieutenant, 185, 193—196 

Sowams, rates, 19 

Sowamsett, 202, 219, 222 

proportion of rates, 201, 218 

Sparrow, Jonathan, . . 100 

Richard, 32, 130, 136, 162, 171 

deputy from Eastham, ... 24, 79, 99, 170 

land granted to, 123, 142 

Spooner, WilKam, 79,115 

propounded as freeman, 31 

admitted a freeman, 48 

Sprague, Francis, 116 

John, 93 

and wife, presented for fornication, ... 82 

Spring, John, his wife prosecuted, 174 

Sprout, Robert, his complaint againt AValter 

Briggs, 133 

Stacy, Stacye, Richard, 40,116 

Standish, Alexander, 114, 135, 200 

Barbara, ... 114 

Josiah, . . 46, 114, 193 

admitted a freeman, 77 

ensign of Duxbmy company, 68 

heutenant of Bridgewater, 188 

his lands at Mannomett, 217 

one of the council of war, 153 

Miles, 3, 4, 6, 7, 13—17, 20—22, 27, 30, 35, 38, 
41—43, 47, 56, 57, 62, 64, 67, 71, 73, 76, 
77, 81, 90, 118, 193. 

Deputy Governor, 27 

one of the council of war, 26, 28 

an Assistant, 7, 30, 48, 77, 99 

administrator of Henry Dreaton, .... 4 

treasurer, 7, 30, 48, 77 

suit against Joseph Beedle, 27 

captain of troops raised for Dutch war, . 29, 55 
his commis.sion and instructions in Dutch 

■war, 55 

paid for services as treasurer, ... . 104 

three hundred acres of land granted to, . 107 



GENERAL INDEX. 



247 



Standish, Miles, land granted to, loi 

committee appointed to lay out his lands, . . 193 

deceased, his executors, 114 

Starr, John, jq 

Stibbins, Goodman, 157 

Stockbiidge, John, 79 

Stone, John, takes oath of fideKty, 58 

Stoney, Reach, 108 

Stony Cove Creek, I75 

Strawberry Hill, .... 169 

Street, Francis, . 215 

Mr., 46 

Studson, Robert, 10, 73, 87, 120, 139, 166, 171, 182, 

194, 195, 205 

propounded as freeman, 8 

admitted a freeman, 30 

deputy from Scituate, 44, 49, 63, 79, 99, 135, 162, 

170, 187, 198, 214 

land granted to, 106 

comet of troop, 174 

way for him laid out, 139 

Sturgeon, Mr., letter to, broken open, .... 190 
Sturgis, Edward, ... 78, 91, 129, 146, 150, 172 

Sturtivant, Samuel, 9, 32, 196, 200, 205 

Surveyors of highways, 9, 32, 49, 79, 100, 116, 136, 

163, 215 

Suttley, Abraham, 99 

Sutlife, Abraham, 179 

Sarah, 180 

complaint against, by John Sutton, . 179, 180 

Sutton, John, 163, 205 

admitted a freeman, . 137 

complaint against Sarah Sutliffe, . . . 179, 180 
S^^ift, Jane, (servant of William,) presented for 

fornication, .... 82 

William, 10, 79, 82, 91, 188 

Taunton, . . . . 13, 25, 85, 86, 118, 193, 195 

deputies, 9, 23, 32, 79, 170 

soldiers, 29, 68, 91 

town officers, 8, 9, 31, 33, 48, 49, 78, 79, 100, 

116, 136, 163, 188, 215 

rates, . . -14; 19, 34, 51, 54, 150, 219 

magistrates, 74, 118 

committee to settle town bounds, . . 172,216 
land granted to freemen of, ... . . 216 

iron work, ... 89 

complaint of sundry grievances, . . . . 122 

presented for not having stock of powder, . 6 
requested to provide for Joseph Gray, . 132, 134 

Taunton River, 218 

Taxes, see Rates. 

Tayler, Henry, 150 

Lydia, presented for selling liquor to Indians, 150 

Richard, 100, 116, 172, 174 

propounded as freeman, . . . . 8, 101, 163 
Templer, Richard, presented for stealing, ... 28 



Tetacutt, 159, 193 

Thacher, Anthony, 33, 49, 61—64, 66, 129, 136, 146, 

155, 172, 207 

deputy, 44 

deputy for Yarmouth, 9, 162 

licensed to marry persons, 15 

complaint of an Indian against, 113 

his deposition, lis 

one of the council of war, 138 

Thanksgiving ordered, ". 5 

Thawyt, Alexander, takes oath of fidelity, ... 58 

Thomas, John, ... 70 72 

Nathaniel, 7o, 161 

land granted to, at Saconeeset, . . . 216 

Goodwife, complaints against, 149, 158, 168, 174 

her estate disposed of, 197 

Thornton, Robert, . .... . « . . 100 

Tickner, Serjeant, fined for breach of peace, , . 209 

Tilden, Joseph, 215 

ensign of Scituate company, 14 

presented, ... 69 

fined, 75, 93 

review of prosecution against, 148, 149, 156, 157, 

166 

and others, ways laid out to, 34 

Stephen, 34 

Thomas, 18,32,116,208 

Ml-., 133 

Tilson, Edmund, 64, 109 

Edward, fined for not serving as juror, ... 42 

settlement of his estate, 107 

Joane, widow, to have thirty pounds out of 

her late husband's estate, 207 

Timber of the country, felling, prohibited, . . 4, 208 

Tinkham, Ephraim, 100, 205 

petitions for John Barnes's lands, ... 76 
Tisdale, TisdaU, John, 9, 32, 64, 78, 94, 105, 115, 163 
complaint against, as an appraiser, .... 42 
Titus, Robert, to indemnify Rehoboth from sujj- 

port of Abner Ordway, .... .52 

Tobias, an Indian, ... 40 

Tobey, Thomas, 136 

Tomkins, Samuel. 116,215 

Tompson, Thompson, John, 33, 115, 200 

Ton-ey, Torey, James, 10, 73, 205 

propounded as fi-eeman, 31 

admitted a freeman, ... 77 

lieutenant of Scituate company, . . . .80, 130 
deputy from Scituate, . . 99, 166, 187, 198, 214 

one of the council of war, 153 

Lieutenant, 102, 120, 213, 215 

Town clerks, oath, 50 

Towns, furnished with book of laws, 143 

appointment of rates upon, see Rates. 

their consent asked to letting Kennebec 

trade, 96, 106, 107 



248 



GENEEAL INDEX. 



Towns, number of votes on question submitted to, 174 

Traeye, John, _ . 100, 135 

propounded as freeman, ... .101 

admitted a freeman, 117 

Treasurer chosen, 7, 30, 48, 77, 99, 115, 135, 162, 187, 

214 
Treasurer's accounts, 33, 64—66, 93, 94, 104, 117, 118, 

164, 195, 215 

Troop of horse, . 159, 166, 193 

Truant, Morris, . ... . . .28, 115 

admitted a freeman, 136 

Trumpeter of troop, horse allowed to, .... 193 

Trustee process, 39 

Trj-all, the bark, 213 

Tubbs, Mercy, prosecuted, 5 

WiDiam, his complaint against Goodwife 

Thomas, 158 

land granted to, ... . 168 

Tupper, Thomas, 129, 194, 195 

deputy from Sandwich, 8, 32, 44, 63, 99, 115, 135, 

166, 170, 187, 198, 214 

his suit against Anthony Wright, . . . .113 

forbidden to marry persons, 47 

land granted to, 68, 193, 194 

Timier, Humphrey, deputy from Scituate, . . 8, 32 
James, . . . . .... .5 

John, 180 

presented, . 176 

John, Sen., 78 

admitted a freeman, 137 

John, Jun., 188 

admitted a freeman, 137 

Joseph, 180 

Michael, iined for not serving as juror, . . .101 
Turtall, Richard, presented for lewdness, .... 97 
Twining, William, admitted a freeman, .... 7 

Under marshal, oath of, ; . . 12 

Thomas Savorj', ... 12 

Upsiall, Nicholas, jiresented for meeting with 
others in a disorderly manner on Lord's 
day, . ... ... Ill 

sent out of the government, ... . 1 13 

Ussamequin, an Indian, charged with murder, de- 
manded of him, 133 

United Colonies, see Confederation, Commission- 
ers, &c. 
Ure, see Ewer. 

Varname, Vernam, Arthur, .... 196, 213, 223 
Vassall, VarsscU, John, lieutenant of Scituate com- 
pany, 14 

Mr., 74 

Vaughan, George, . 100 

Vinall, John, admitted a freeman, 137 

Stephen, 135 

admitted a freeman, . 137 

Vincent, John, . . . 115 



Vincent, John, petitions for land, 68 

deputy fi-om Sandwich, . . . 79,162,166,214 

Viner, Stephen, . . . .92 

Vixon, Robert, 79 

Wade, John, 126, 224 

sued by John Barnes, ... . . 126 

Nicholas, to keep an ordinary at Scituate, . . 123 
Wadsworth^ Chi-istopher, .... 9, 100, 102, 183 

deputy, ..... .63 

Joseph, propounded as freeman, . . .101 

admitted a freeman, ... . .117 

Walker, James, . . 8, 49, 100, 129, 152, 171, 220 
deputy from Tamiton, 49, 135, 162, 170, 187, 198, 

214 
one of the council of war, . . .... 138 

controversy with Briggs and Hailstone, 133, 142 

John, 72, 73, 82, 143 

killed, inquest upon, 71 

Philip, 78, 116, 136, 158 

propounded as freeman, 78 

admitted a freeman, 137 

William, propounded as freeman, .... 78 

admitted a freeman, 101 

Wampatuck, Josiah, his sale to Scituate confirmed, 13 
Wampeas complains against Richard Chadwell, . 175 

Wampum, ... ... 144 

Wamsitta, and other Indians, complain of tres- 
passes, 167, 192 

complains against a Narragansett sachem, . . 192 

powder granted to, 192 

sumamed Alexander, 192 

War, preparations for, . . 23 — 25, 28, 29 

expedition against Ninnegret, . . 67, 91, 102, 103 

expedition against the Dutch, 53 — 57 

Warrant, to call a meeting of the General CoiU't, . 128 
Warren, Ehzabeth, her grants confirmed, ... 19 

Joseph, . . 9, 135 

Nathaniel, . 15, 49, 64, 132, 195, 200, 215, 219 

fined, 42 

propounded as freeman, 31, 78 

fined for absence as juror, . ... 42 

admitted a fi-eeman, . . , . 117 

deputy from Plymouth, . . . 135, 162, 214 
committee appointed to settle his bounds, 142, 

174 
Washburn, Washbume, Washboume, Washboum, 

John, Jun., 32, 163 

propounded as freeman, 31 

admitted a freeman, 43 

paid for services as constable, 178 

suit against William Clarke, .... 202 
committee appointed to settle his bounds, . . 204 

fined for abusing the marshal, 221 

Waterman, Elizabeth, 22, 174 

Robert, settlement of his estate, . . 22, 174, 175 
widow, ... 39 



GENERAL INDEX. 



249 



Watson, George, 16, 23, 27, 29, 75, 174, 187, 190, 223 
his petition in behalf of his son and nephew, . 186 

John, 186 

his protest, 212 

Waymouth, Titus, 110 

inquest upon, 109,110 

Way from Sandwich to Plymouth, . . . .15, 61, 69 
fr'om Plymouth to Soituate, .... .51 

from Sandwich to Barnstable, 13 

fi'om Taunton to Plymouth, . . ... 13 

for Robert Studson, 139 

for Joseph Tilden and others, ... . . 34 

Ways, surveyors presented for not repairing, 17, 82 

Webb, George, 138 

John, 103 

Weber, Thomas, takes oath of fidehty, . . 58 

Wells, Isaac, - 28, 147 

Wenlock, , see Christopherson. 

West, Francis, . 136, 187 

admitted a freeman, ... 77 

Nathaniel, drowned, . . 158 

Weston, Edmund, .32 

administrator of Thomas Howell, . . 3, 11, 14 
propounded as freeman, ... . . 8, 30 

John, 209 

Whales cast upon purchasers' land to belong to 

them, . 53 

Wheaton, Robert, 158 

Whetcombe, Whetcomb, Wlietcome, Wetcome, 

John, 8 

admitted a freeman, 7 

Jonathan, 92 

Robert, 92, 209, 220 

iined for disorderly marriage, . . . 206 

Wheton, Robert, 222 

Whilden, John, 215 

Whiston, John, 115 

White, Gowen, 47, 92 

fined for lying, 133,224 

John, takes oath of fidelity, 58 

Nicholas, 90 

Peregrine, . . . . .8, 171, 188,208 

one of the council of war, ... . 153 

^ admitted a freeman, . 7 

summoned to appear at Court, . . 26 

fined, • • . . 37 

ways laid out for, and others, .... 34 
lieutenant of Marshfield company, ... 80 

Resolved, 100 

admitted a freeman, .... . • 137 

Lieutenant, 93 

deputy from Marshfield, • 170 

Whitney, Thomas, 9, 16, 78, 109 

Winnefred, 38 

vs. John Barnes, ... 38 

Whittacare, Richard, 222 

VOL. III. 32 



Wilbore, Joseph, . ... 188 

Wille, alias Willis, Robert, dro\\'ned, ... .15 

Willett, Willitt, Thomas, 3, 20, 21, 23, 24, 25, 27, 

30, 33—35, 38, 39, 41—43, 47, 53, 65, 65, 

69, 71, 73, 87, 94—96, 103, 110, 111, 128, 

154, 155, 157, 167, 170, 180, 195, 209, 213. 

one of the council of war, . . .26, 28, 138, 153 

an Assistant, 7, 30, 48, 77, 99, 114, 134, 162, 187, 

214 
commissioner of United Colonies, . . 67, 30, 77 
chosen to go on expedition against the Dutch, 55 
his commission and instructions, . . . . 56 

his demand against Hall's estate, . .... 34 
one of the lessees of Kennebec trade, ... 95 

land granted to, 183 

Captain, 152, 192, 202 

WilKam, an Indian, 192 

Williams, Edward, presented for pilfering, ... 5 

John, . . 92 

John, Jun., 32, 37, 102 

one of the council of war, 153 

propounded as freeman, 8 

admitted a freeman, 30 

ensign of Soituate company, 80 

to train Scituate company, .... .130 

his fees allowed, 164 

sued for abusing Robert Baker's child, 160, 171 
prosecuted for harboring a Quaker, . 185, 189 

Richard, 44 

deputy from Taunton, 32, 49, 63, 79, 99, 115, 

162 

Timothy, 72 

WiUiamson, Timothy, . . . .79, 100, 134, 148, 208 

propounded as freeman, 101 

admitted a freeman, . . 117 

Goodwife, 148 

Willis, John, 129, 160, 195, 216 

admitted a fi-eeman, 7 

deputy from Bridgewater, 115, 135, 162, 187, 198 
his complaint against Hull's wife, .... 4 
to marry persons and administer oaths, . 166 

land granted to, 193 

Lawrence, .... 115, 160 

admitted a freeman, 137 

Nathaniel, . . 78, 160 

See Wille. 

WUls, William, . . .79 

Wilmoth, Thomas, 158 

Wilson, Samuel, ... ... 41 

Winchester, Alexander, settlement of his estate, 120, 

142 

Mary, 142 

Wing, Winge, Daniel, . . . ... 32, 138 

a Quaker, fined, . 130, 153, 176, 181, 191, 224 
excluded from Sandwich, ... . . 154 

his estate distributed, . . - 157 



250 



GENERAL INDEX. 



Wing, John, ... . . 61. 62, 78, 157 

not to build out of town bounds, .... 156 

Stephen, . . 78 

presented for tumultuous behavior, . . .130 

excluded from Sandwich, .... 153 

fined for not aiding marshal, . . . . 173 

Winslow, Edward, .... ... 70, 88 

John, 53, 55, 56, 70, 142 

deputy, 44, 63 

deputy from Plymouth, 8, 49 

one of the council of war, .... .26 
Josiah, Sen., 33, 64, 86, 96, 104, 131, 148, 161, 
172, 182, 194, 195, 205, 215 
to take the country's account of the Treas- 
urer, . 195 

deputy from Marshfield, 24, 49, 80, 162, 187, 

198 

lands granted to, 141, 215 

Josiah, Jun., 66, 86, 87, 94, 104, 117, 123, 124, 

126, 128. 133, 134; 137, 143—147, 150, 154, 

155, 157,' 160, 162,' 164, 166, 169—171, 177, 

180, 185, 187, 192, 195, 197, 198, 201, 202, 

205, 209, 211, 214, 215. 

an Assistant, . . . 114, 134, 162, 187, 214 

captain of Marshfield company, . . . 80, 87 

coinmissioned to go to Yarmouth, &c., . . 132 

one of the council of war, 138 

his commission as major, .... 152 

commissioner of the United Colonies, 135, 162, 

187 
Kanelme, Kenelme, . . 28, 49, 70, 120, 134 

deputy from Marshfield, 9, 32 

his complaint against Soule, . . .46 

Winter, Catharine, presented for fornication, . . 5 

Christopher, 18, 32, 140, 163 

his deposition, 149 

Witherell, William, .... ... 135 

takes oath of fidelity, 117 

admitted a freeman, . 137 

Witnesses, two required in criminal cases, . 107 

Wolves, account of those killed, ... . 50, 85 

Wood, Henry, 15, 79, 100, 162, 223 



Wood, Henry, complains against Plymouth raters, 179 
John, ...'... 15, 49, 109, 207, 223 

Stephen, ... 8, 50 

, 182 

Woodcocke, John, 93 

punished for trespass on Indians, 74 

Woodfield, John, propounded as freeman, . . 7, 78 

Woddward, Nathaniel, . 40 

Walter, .100 

Worden, Peter, fined for not serving as juror, . . 11 

Wormall, Joseph, 116,209 

admitted a freeman, ... 117 

Wright, Anthony, 113 

Peter, H 

Richard, 8, 223 

land granted to, 164 

Wyatt, Wyate, Wiatt, James, . . 105, 122, 195 

deputy, . . 44 

deputy from Taunton, 9, 32, 79, 99, 115, 187, 198, 

214 
fined for absence from Com-t, . . . .26 

presented for breach of Sabbath, . .150- 

Lieutenant, . . . . . . 84, 86 

Yarmouth, 15, 17, 22, 25, 53, 85, 86, 132, 140, 141, 

194, 195 

deputies, 9, 23, 32, 79, 170 

soldiers, 29, 68, 92 

town oflicers, 8, 9, 31, 33, 48, 50, 78, 79, 100, 116, 

136, 163, 188, 215 

»tes, 14, 19, 34, 51, 54, 150, 219 

military ofiicers, . . .38, 87, 91, 143, 169 

or Mattakeesse, presented for not building Eel 

River bridge, .... .... 10 

judgment against, for not building Eel River 

bridge, 20 

bounds of the town, 165, 175 

required to support a minister, 155 

controversy with Janno, 113, 114, 117, 145, 146 
complaint against Richard Childs, . . 220 

regulations for building houses, . . 207,212 

Younge, John, . . 30, 48 

Captain, his salary paid, . : . . , . 108 



RECORDS 



PLYMOUTH COLONY. 



COURT ORDERS. 
YOL. IT. 

1661-1668, 



RECOUDS 



OF THE 



COLONY 



OF 



NEW PLYMOUTH 



IN 



NEW ENGLAND. 



PRINTED BY ORDER OF THE LEGISLATURE OF THE 
COMMONWEALTH OF MASSACHUSETTS. 



EDITED BY 

NATHANIEL B. SHURTLEFF, M.D., 

OF THE MASSACHUSETTS HISTORIC-yL SOCTETT, FELLOW OP THE AUrERICAN ACADEMY OP ARTS 
AND SCIENCES, MEMBER OF THE A5IERICAH" ANTIQUARIAN SOCIETTj FELLOW 
OF THE SOCIETY OF ANTIQUARIES OF LONDON, ETC. 



COURT OHDEES 
YOL. lY. 

1661—1668. 




BOSTON: 

FROM THE PEESS OF WILLIAM WHITE, 

PRINTER TO THE COMMONWEALTH. 

185 5. 



R E M A E K S . 



rr^HE manuscript of the fourth volume of Court Orders of the Colony 
-*- of New Plymouth, from which the following pages are printed, is 
entirely in the well-known chirography of Mr. Nathaniel Morton, the 
faithful secretary of the colony. It was intended for the records of the 
General Court and the Court of Assistants, but, like the other volumes, 
likewise contains several miscellaneous entries. It embraces a period 
of seven j'ears, during the whole of which time Mr. Thomas Prence was 
Governor of the colony. 

The first entry is that of the confirmation of a grant of land on 
the fourth of June, 1661 ; but the first proceedings recorded were those 
of the General Court held on the first day of October next following, 
and the last in the volume bears date the seventh of July, 1668. 

N. B. S. 

December, 1855. 



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, || ||. 

Some words and paragraphs, which have been cancelled in the original record, 
are put between J + . 

Several characters have special significations, namely : — 



@ , — annum, anno. 

a,, — an, am, — curia, curiam. 

a, — matrate, magistrate. 

b, — ber, — numb, number ; Robt, 

Robert. 

c, — ci, ti, — accon, action. 

c6, — tio, — jurisdiccon, jurisdiction. 
6, — ere, cer, — ads, acres. 

d, — dft, delivered. 

e, — Trer, Treasurer. 

e, — committe, committee, 
g, — gfial, general ; Georg, George, 
h, — chr, charter. 
1, — begig, beginig, beginning. 
i, — ire, letter. 

m, — mm, mn, — coinittee, commit- 
tee, 
ill, — recomdacon, recommendation, 
in!, — mer, — formJly, formerly. 
A, — month. 

h, — nn, — Peri, Penn ; aiio, anno, 
fi, — Dili, Domini. 
h, — ner, — mann), manner, 
o, — on, — mentio, mention. 



o, — mo, month. 

p, — par, por, — pt, part ; ption, por- 
tion. 

p, — per, — pson, person. 

p, — pro, — jjporcon, proportion. 

p>, — pre, — psent, present. 

n, — q,stion, question. 

^, — escp, esquire. 

f , — Apr, April. 

s, — s, session ; sd, said. 

s, — ser, — svants, servants. 

?, — ter, — neuE, neuter. 

t, — capt, captain. 

Q, — uer, — seQal, seueral. 

ii, — abou, aboue, above. 

9, — ver, — seVal, several, 

w, — wn, when. 

y'', the ; y™, them ; y", then ; y'', their ; 
j", this ; y', that. 

3, — us, — vilib^, vilibus. 

^, — es, et, — statut^, statutes. 

{3, &d, &c% — et castera. 

vizj, — videlicet, namely. 

./ — full point. 

(V) 



CONTENTS OF VOLUME IV. 



COURT ORDERS, 1661—1668, 3 

GENERAL INDEX, 195 



PLYMOUTH COURT ORDERS. 



1661-1668 



PLYMOUTH RECORDS. 



THE RECORDS OF THE COLONY OF NEW PLYMOUTH IN 

NEW ENGLAND. 

[The fourth Tolume of the Court Orders of the Plymouth Colony commences here, mth the record 
of a confirmation of a grant of land made on the fourth of June, 1661. The original manuscript volume 
contains the acts of the several General Courts and Courts of Assistants, together with other miscella- 
neous entries, from the above-mentioned date until the close of the Court held on the seventh of July, 
1668. It is in the handwriting of Mr. Nathaniel Morton, secretary of the colony. The original index to 
this volume, being very imperfect, is, as in the ca.se of the preceding volumes, incorporated with that 
specially prepared for the printed copy.] 

ACTS AND PASSAGES OF COURT AND GRANTS OF LAND 
FROM THE YEAR 1661 UNTIL THE YEAR 1668. 

Prence, Gotj". 

* A TT the Generall Coui-t held att Plymouth, in New England, the fourth 1661 

l\ of June, 1661, the said Court graunted vnto Richard Bourne, of 
Sandwich, a sertaine tract of land lying on the western side of Pampaspised 
Riuer, where Sandwich man take alewiues ; the land is a longe stripp lying by 
the liuer side, for breadth form the riuer vnto the topp of the hill or ridge grant is re- 

!/»•/» • P11T1 corded more 

that runs alonge the length of it, from a point of rockey land by a swamp fuUy in the 
called by the name of Pametoopauksett vnto a place called by the English "'"^* "" " 
Muddy Hole, but by the Indians Wapoompauksett ; the meddow is that which 
was called M"" Leuerich his meddow, as alsoe the other stipps that are aboue 
alonge the riuer side vnto a point bounded with two great stones or rockes ; 
alsoe, all the meddow lying on the easterly s[ide] of the said riuer vnto Thomas 
Burge, Seni', his farme ; all which tracts and pcells of land, both vpland and 
meddow, with all and singulare the appurtenances belonging thervnto, is 
graunted [by] the Court vnto the said Richard Boui-ne, to him and his heii-es 
foreuer. Morouer, the Court haue graunted vnto the said Richard Bourne 
that hee shall haue yearly libertie to take twelue thousand of alewiues att the 
riuer where Sandwich men vsually take alewiues, him and his heires for euer. 



4 June. 



PLYMOUTH COLONY RECORDS. 



1661. 

i June. 
Peenoe, 

Interlined. 



Likewise, the said Court haue graunted vnto Richard Bourne a pcell of 
meddow lying att Mashpe, the one halfe therof to belonge to him and his heires 
for euer, and the other halfe to [be] made vse of and improued by the said 
Richard Bourne vntUl the Court shall see reason otherwise to order. Moro- 
uer, the Coiurt haue graunted vnto the said Richard Bourne a necke of med- 
dow, llthis meddow lying betwixt two little brookes & the meddow adjoyning 
to the vpl[and],|| with a little vpland in it att Mannamuchcoy, called by the 
Ind[ians] Auntaanta, the said ^mises, with all and singulare the appurtenances 
belonging thervnto, excepting the one halfe of the meddow x Mashpe aboue 
mencioned, to haue and to hold vnto the said Richard Bourne, to him and his 
heires for euer. 

That aboue enterlined was soe done att the Court held att Plymouth the 
fift of March, 1661, by order and with the consent of the Coiirt. 



1 October. *Jltt the Generall Court Iwlden att Plymouth the first of October, 
t*^-] 1661. 



Befoee Thomas Prence, GoQ, 
Wiliam CoUyare, 
John Aldin, 
Josias Winslow, 



Thomas Southworth, 
Wiliam Bradford, and 
Thomas Hinckley, 



Assistants, &6. 

THE Court haue graunted and confeirmed vnto M"^ Josias Standish a tract 
of vpland lying on that side of Mannomett Riuer next vnto Sandwich, 
the bounds of which is from the lands of Esra Perr[y] vnto a little creeke 
alongst the riuer for the length, and for the bredth vnto the topp of the hills 
which lye in a ridg with twenty acrees of meddow of that which was lately 
pm-chased by M' Aldin, to bee taken together where hee will within the said 
meddow ; the said lands, both vpland and meddow, with all and singulare the 
appiurtenances appertaining therevnto, to belong to him, the said Josias Stan- 
dish, to him and his heires and assignes for euer. 

M' John Aldin is appointed by the Court to lay out the aboue twenty 
acrees of meddow to Josias Standish, and to brmg report vnto the Court of 
what remaineth there vndisposed of 

In answare vnto a petition prefered to the Court by Jone, the wife of 
Obadiah Miller, requesting that shee may haue libertie to make sale of some 



COURT ORDERS. 

of the land that her deceased husband left vndisposed of, the Courts haueing 1661. 
considered that her request is in the behalfe of her daughter, whoe shea saith "" ' 
is weake and stands in need therof, do giue libertie that one quarter pte of the p 
said land, and of what is left by her said deceased husband, may bee sold for God". 
the releife of her said daughter ; and what it shalbee sold for shalbee carfuUy 
disposed of to the vse of Bathshebah Coggen, att the descretion of Richard 
W X and Walter Deane, of Taunton, and the resedue of the said lands, &6, bee 
reserued by them for the vse of the rest of the children of the deceased Thomas 
Coggen, prouided that the said Jone Miller doe put in suificient cecuritie that 
the said estate shalbee soe disposed of. 

The Court haue graunted vnto the ancient freemen of .Taunton, that 
incase any land can bee found on the north side of Taunton bounds, towards 
Secounke cartway, which will not fall within any lands alreddy put in for by 
the children of the first comers, that they may make report therof to the 
Court ; and a competency shalbee graunted vnto them, if the Court shall see 
reason. 

James Walker desireth acomodatiou of lands vpon the west side of 
Taunton Eiuer, att the southermost bounds, neare about Seketegansett. 

Att this Court, Leiftenant Rogers was freed of his milletary oifice, from, 
being leiftenant of the milletary companie of Easthani. 

Att this Court, adminnestration was graunted vnto Samuell House, Juni"", 
and Elizabeth House, the sone and daughter of Samuell House, deceased, to 
adminnester on the estate of the said Samuell, Seni"^, deceased. 

*Att this Court, John Palmer, Seni"", for deludeing one of the ma- [*3-] 
jestrates about the publication of his sons marriage, Avas fined forty shil- ™®' 
lings. 

Zoeth Rowland, for breakeing the Sabbath, fined ten shilhngs. Fine. 

Thomas Lenard, for breaking the peace, fined 00 03' 04'^. Fine. 

The rates to bee leuied by the townshipes of this goQment for the pub- 
hcke charges of the countrey, as they were ordered by the Com-t for this 
yeare, respecting the officers wages and the charge of the majestrates table, is 
as foUoweth : — 

Plymouth, 06:00:00 

Duxburrow, 03 : 13 : 00 

Scittuate, 09 : 16 : 08 

Sandwich, 05:09:06 

Taunton, 05:09:06 

Barnstable, 06:00:00 



1661. 

t 

1 October. 

Prence, 

Gou". 



PLYMOUTH COLONY RECOKDS. 

Yarmouth, 05:09:06 

Marshfeild, 05 : 09 : 06 

Eehoboth, 08:04:02 

Eastham, 03 : 18 : 00 

Bridgwater, 01 : 16 : 06 

Sowams, 04:01:03 

Cushenag, 01 : 10 : 00 

The farmes against Eoad Hand, . . . . 01 : 00 : 00 



"Wheras very great spoyle hath lately bin made by woulues vpon all sorts 
of cattle in sundry townshipes within this goQment, to the great detriment 
therof, this Court, therfore, presumekng on the Generall Court of Deputies 
fauorable sence heerof in this exegent, doe order and declare, that it shall and 
may bee lawfull, vntill the next Court of Election, for the seuerall townshipes 
to pay vnto any Indian or Indians that shall bringe into the constable, of any 
such townshipe any head or heads of woulues halfe a pound of powder and 
two pound of shott or lead for euery head brought in as aforsaid, besides the 
coate by Court order in such case prouided. 

Att the Generall Court held the 10"' of June, 1662, the deputies did 
vnanimusly consent vnto the abouesaid liberty, that it shall continew vntill 
the Court shall see reason to order otherwise. 



[*4.] *A proposition ordered to bee recorded, which was sent vnto the four 

townes, vizj. Sandwich, Yarmouth, Barnstable, and Eastham, by order of the 
Court held att Plymouth October the first, 1661, as foUoweth, signed by Con- 
stant Southworth, Treasurer : — 

Loueing Frinds : "Wheras the Generall Court was pleased to make some 
propositions to you respecting the drift fish or whales ; and incase you should 
refuse theire proffer, they impowered mee, though vnfitt, to farme out what 
should belonge vnto them on that account ; and seeing the time is expired, and 
it fales into my hands to dispose of, I doe therfore, with the advise of the 
Court, in answare to youer remonstrance, say, that if you will duely and 
trewly pay to the countrey for euery whale that shall come one hogshead of 
oyle att Boston, where I shall appoint, and that current and marchantable, 
without any charge or trouble to the countrey, — I say, for peace and quietnes 
sake you shall haue it for this present season, leaueing you and the Election 
Court to settle it soe as it may bee to satisfaction on both sides; and incase 
you accept not of this tender, to send it within fourteen dayes after the date 




[*5.] 
20 : 00 : 00 



COURT ORDERS. 

heerof ; and if I heai-e not from you, I shall take it for graunted that you 
will accept of it, and shall expect the accomplishment of the same. 

■\r . 1 October. 

xouers to vse, 

Pbence, 

CONSTANT SOUTHWORTH, Treasu. »"''"• 

Thomas Bonny oweth oui- soil lord the Kinge thel " ' * 

- f ^20:00:00 

sume 01 I 

The condition, that if the said Thomas Bonny shall and doe appeer att Released. 
the Court to bee holden att Plymouth the first Tusday in March next, to 
answare the complaint of Christopher "Wadsworth about wounding of a mare, 
and not depart the said Court without lycence ; that then, &3. 

•Plymouth, x uary the lO*"^, 1661. Henery Saunders 
acknowlidgeth to owe vnto our sou'' lord the King 
the sum of j 

The condition, that if Anna Bessey shall and doe appeer att the Court to Released. 
bee holden att Plymouth the first Tusday in March next, to answare for her 
vnaturall and crewell carriages towards Gorge Barlow, her father in law, and 
not depart the said Court without lycence ; that then, &6. 

Dorcas Bessey oweth our soQ. lord the Kinge the suine of 10 : 00 : 00. 

The condition, that if Mary Bessey shall and doe appeer att the Generall Released. 
Court to bee holden att Plymouth the first Tusday in March next, to answare 
for her vnaturall and crewell carriages towards Gorg Barlow, her father in 
law, and not depart the said Court without lycence ; that then, &S. 

Mary Bessey oweth our sovL lord the Kinge the sume of 20 : 00 : 00 

The condition, that if Dorcas Bessey shall and doe appeer att the Gen- Released, 
erall Court to bee holden att Plymouth the first Tusday in March next, to 
answare for her vnaturall and crewell carriages towards Gorge Barlow, her 
father in law, and not depart the said Court without lycence ; that then, &6. 

An Acknowlidgment appointed to bee recorded. 

October the 1, 1661. Wheras I, Abraham Peirce, Juni', haue folHshly 
and vnadvisedly reported to Ruth Sprague and Bethyah Tubbs, att the house 
of Francis Sprague, that Rebeckah Alden and Hester Delanoy were withchild, 
and that thervpon wee should haue young troopers within three quarters of a 
yeare, I doe freely and from my hart owne my faidt heerin, and am hartily 
sorry that I haue so spooken, to theire great reproch and wronge and the 
defamation of theire relations, which I earnestly desire may bee passed by of 
them all ; and I hope I shall for euer heerafter take heed what I doe speake 
and report of any att any time. 



8 PLYMOUTH COLONY RECORDS. 

1 6 6 1-2. *Att the Generall Court holden att Plyrmuth the 4"' of March, 



T 

4 March. 


Idbl. 


Peence, 


Befok Thomas Prence, Gou^ Thomas Southworth, 


VJOU • 

[*6.] 


Willam Collyare, Wiliam Bradford, and 


John Alden, Thomas Hinckley, 




Tho WiUett, 




Assistants, &S. 



M 



■R. THOMAS PRENCE is authorised by the Court to giue an oath to 
Hannah, the wife of the late deceased Nathaniell Mayo, att Eastham, 
for the truth of the inventory of the estate of the said Nathaniell Mayo. 

The like to Captaine Thomas Willett, for the truth of the will and inven- 
tory of the widdow Martine, of Eehohoth. 

Letters of adminnistration is graunted vnto Hannah, the wife of the said 
Nathaniell Mayo, deceased, to adminnister vpon his estate, &S. 

The like was graunted vnto Faith Clarke, widdow, to adminnester on the 
estate of Thirston Clarke, deceased. 

Major Josias Winslow, Captaine "Wiliam Bradford, and Anthony Snow 
are deputed by the Court to settle the bounds between the lands graunted to 
Duxburrow men, bearing date August the last, 1640, and a tract of land 
graunted to Scittuate men bearing date in Nouember following, and that they 
doe it with all convenient speed, and make report therof vnto the Court. 

Conserning a controuersy betwixt James Leonard and James Bell, both 
of Taunton, the Court haue ordered and deputed Captaine WiUett to heare 
and determine the same. 

Likewise the said Cap? Willett is deputed by the Court to take course 
with such as entrench vpon our lands att Taunton Riuer, and take the wood 
or timber from of the same, and for that end may imploy one as a constable 
by warrant or otherwise to act as occation shall require about the same. 

Likewise, that incase the sqaa, sachem should bee put of her ground by 
Talmud, to see that shee bee not wronged in that behalfe. 

And hkewise to speake to Wamsitta about his estranging land, and not 
selling it to our collonie. 

And likewise to see justice don on Marda his seruant, for fornication the 
second time. 
[*7.] *Conserning a difference betwixt Quachattasett and Josias, of Nausett, 

Indian sachems, the Coujct haue order M'^ Aldin and M' Hinckley to heare 
and determine the same. 



COURT ORDERS. 9 

Conserning a controversy betwixt Jone Tilson, widdow, and John Barnes, 16 61-2. 
about the prise of a cow by him receiued in pte of the pay due for the land ""^ "> ^ 
att Lakenham, the Court haue ordered, that John Barnes shall repay or dis- rpjjjjNCE 
count the sume of twelue shillings vnto the said widdow Tilson ; and soe the Goternoe.] 
matter is ended. 

Capt Willett is deputed by the Court to take course that a due enquiry 
bee made conserning the violent death of Eobert AUin att Eehoboth. 

Att this Court, Wiliam Bassett, of Sandwich, surrendered vp his libertie, 
graunted him formerly by the Court, to draw and sell wine, stronge waters, 
and beer, and of prouiding other nessesaries for the entertaining of strangers. 

Wiliam Randall, for telling of a lye, fined ten shillings. Fine. 

Wheras Robert Whetcombp and Mary Cudworth was formerly fined, for 
disorderly coming together without consent of theire parents and lawful mar- 
riage, the sume of ten pounds, and imprisoned during the pleasure of the Court, 
hauerag since bine orderly married, and liueing orderly together, and follow- 
ing theire callinges industriously, and attending the worship of God dilligently, 
as is testifyed by some of theire naighbours of good report, the Court haue 
seen good to remitt fine pounds of the said fine ; in respect alsoe of theire 
pouertie, the Treasurer is ordered likewise to bee slow in demaunding the 
remainder. 

The Court ordered, that wheras Wiliam Randall trauersed his present- 
ment about the teling of the lye for which hee was afterwards fined as aboue- 
said, the charge of the jury should bee payed by the said Randall, and that the 
Treasurer should demaund it when hee demaunds his fine. 

*The agents for the towne of Yarmouth appeering att this Court, accord- r*8.] 
ing to agreement, to debate and determine a difference between them and 
others about whales, were desked by the Court to giue in thire result consern- 
ing that matter vnto the Court, as being that whervnto they would stand ; who 
gaue in theire answare as foUoweth : — 

The sixt of the first month, fi 
Right Wor^'i : Wee intreat youer worshipes reddily to accept these few 
lines for a positiue answare, to which wee promise to stand : that the Treas- 
ui-er shall haue the two barreUs of oyle out of each whale, according to his 
proposition made vnto vs for the yeare past, soe as there may bee a full end 
of what troubles hath formerly past about it. Witnes our hands, 

ANTHONY THACHER, 
ROBERT DENIS, 
THOMAS BOARDMAN, 
RICHARD TAYLER. 

VOL. IV. 2 



10 PLYMOUTH COLONY RECORDS. 

166 1-2. The Court, liaueing considered of thii-e retui-ne, haue accepted of the 

same ; and soe the said differenc is ended in refference to things past about 
the same. 



4 March. 

Pbenci:, 

GouK. 



An order directed to Eichard WilHams and "Walter Deane, of Taunton, 
as foUoweth : — 

Wheras, by an order of Court bearin date the first of October, 1661, 
libertie was graunted vnto Jone Miller to make sale of a quarter pte of the 
land of Thomas Goggen, deceased, and that what it should bee sold for 
should bee improued for the releife of Bathsheba Coggen, att youer descre- 
tions, these are therfore to signify vnto you, that the Courts order farther is, 
that whatsoeuer shalbee improued of the said land sold for the releife of 
the said Bathsheba Coggen, that you take suiRcient securitie of the said Jone 
MiUer, in the behalfe of the Court, for the same before it be let goe out of 
youer hands. 

The Courts order. 

Pmee, NATHANIELL MOKTON, Clarke. 

The Court James Walker was authorised by the Court to adminnister an oth, as 

j°^ Waike o'^'^^tion shall require, att Taunton, as alsoe to marry psons, as occation shall 
to sellebrate require, vntill the next June Coua't. This order was c x att June 9''^, 

marriage in the 

towneofTaun- 1662, soe that the said James Walker is to giue oath & marry, as aboue- 

ton Tntell •-, 

June. 1684. ®''■^"• 

r»9.] *Anna Bessey, for her crewell and vnaturaU practice towards her father 

Fine. in law. Gorge Barlow, in choping of him in the backe, notwithstanding the 

odiousnes of her fact, the Court, considering of som sercomstances, vizj, her 
ingeniouse confession, together with her f sent condition, being with child, and 
some other pticulares, haue sentanced her to pay a fine of ten pounds, or to 
bee publickly whipt att some other convenient time when her condition will 
admitt therof. 

Dorcas Bessey and Mary Bessey, for carriages of like nature towards 
theire said father in law, though not in soe high a degree, were both sen- 
tanced to sit in the stockes during the pleasure of the Court ; which accord- 
ingly was pformed. The younger, vizj, Mary Bessey, was sharply reproued 
by the Court, as being by her disobeydience the occationer* of the euill aboue- 
mencioned. 

Gorg Barlow and his wife were both seuerly reproued for theire most 
vngodly liueing in contension one with the other, and admonished to Hue 
otherwise. 



COURT ORDERS. H 

Robert Barker, for his wife and son theire changing of a gun with an 1 6 6 1-2. 

Indian, fined ten pounds. ^" — t ' 

And for another, which hee changed with an Indian, — because the Court 

° Pkenoe, 

judgeth it was done ignorantly, — it is refered vnto the Generall Court to bee Gou'=. 
holden att Plymouth in June next, att which Court hee was fined the sume ™^' 
of forty shillings. 

John Hawes, for relateing a scandulous report, for which hee hath not Fine. 
produced sufficient ground for it, is fined ten shilUngs. 

Josepth Turner, for bringing a scurrilous message vnto the major, ac- 
knowlidged his fault to the Court, and promised to satisfy the said major, and 
soe is cleared. 

Eichard Marshall, for many wicked and filthy speeches and actions, as 
alsoe for many other practices tending to the destui-bance of naighbourhood, 
was sentanced by the Court to bee publickly whipt, which accordingly was 
executed ; and his master, John Turner, of Taunton, was warned by the Court 
to take course that the said Eichard Marshall, his servant, shall carry better 
amongst his naighbours, or otherwise to rid him out of the towne. 



*Mt the Court of Assistants held att Plymouth the seauenth Day of 1662. 

May, 1662. " — ^"^ 

7 May. 

Before Wiliam Collyare, Thomas Southworth, and [ 10.] 

John Aldin, Wiliam Bradford, 

Assistants. 

CONCERNING a difference betwixt Abraham Jackson and Rose, the wife 
of Thomas Morton, the said Abraham complaining that the said Rose, 
as hee came from worke, did abuse him by calling of him lying rascaU and 
rogue, which was testifyed by Jonathan Prat likewise, vpon oath, the Court 
declared, and ordered to bee recorded, that they apprehend, that notwith- 
standing her soe peremptory deneyall that shee called him rogue, they doe 
beleiue that shee soe did call him ; and wheras shee owned that shee called 
him lying rascaU, and said shee was sorry for it, and promised to bee more 
carfaU of her words for the future, they haue for the ^sent pased it by. 

The Court haue condemned a pcell of tarr attached att the suite of James 
Cole, Seni', of Josepth Eamsdens, for a debt the said Ramsden owed him ; 



12 PLYMOUTH COLONY RECORDS. 

1662. and wheras it appeered to bee to little to satisfy the said debt, it being three 
'~"' ^ ^ barrells that should haue bine attached, and but a barrell and an halfe that 

7 May. . ^ 

PiiENCE could bee found, the said Cole and Ramsden haue agreed for the remainder 
Gou". betwixt themselues. 

The Court doe allow vnto John Sprague three shillings for himselfe and 
his horse a day, imployed about the contrey seruice in goeing to Duxburrow 
and returning about Joshua Cockshall. 

The Court condemned three barrells of tarr attached att the suite of 
Gyles Eickard, Junier, against Josepth Kamsden. 

A paire of wheeles belonging to the said Eamsden were released, being 
formerly attached att the suite of John Barnes, because none appeered for the 
said Barnes to cleare vp the debt which they were attached to satisfy for out 
of the estate of Josepth Ramsden. 

[*11.] *Wee, whose names are vnder written, being impannelled on a jury to 

view the dead body of Thirston Clarke, Seni'', of Duxburrow, and to enquire 
by what meanes hee came by his death, — 

"Wee find, vpon serch and enqidry, that the weather being could and 
snowey, hee came on that side of Joanes Riuer which is on Duxbiurrow side, 
vpon his returne from Plymouth, endeavoring to come home, and came neare 
home ; and by his track in the snow wee find that hee had wandered to and 
fro and lost himselfe, and did soe wilder that hee came vpon a flatt nygh the 
place called the Longe Point vpon the said flatt, which is now in the posses- 
ion of Josepth Andrews, and that hee was found. Vpon serch being made 
by diners, the first thing that was found was a baskett, with diners smale 
comodities, some distance fi-om him ; and after that there was found his capp, 
with his staffe and one mitting, somwhat nigher to his body ; and after that 
his body was found, being couered with some iyce vpon him. His body was 

This following ^^^^'^^ by ^^> ^^^ "^ee find the cercomstances heerof, that the iyce, with the 

■was margined cold and Water, was the cause of his death. 

in the originall 

before giuen Duxberry, the 8"^ of the 10'^ (61.) 

into the Court, 

andheforethe JOSEPTH ANDREWES, JOHN ROGERS, 

Ihe™""' CHRISTOPHER WADSWORTH, GORGE TURNER, 
That hee was JOHN TRACYE, JOHN ROBBINS, 

lost, as wee 

conceiue.in JOHN SPRAGUE, JOSEPTH PRIOR, 

Itrsretf'did GORGE PARTRICH, EXPERIENCE MICHELL, 

bewilder him- JOSEPTH WADSWORTH, SAMUELL SEABURRY 

selfe, the sixt 

of this instant Soe sayeth one, and soe they say all. 

December, 
1661. 



COURT ORDERS. 



13 



*The names and verdict Ypon oath of the enquest impannelled by Captaine 1662. 
Thomas Willett, by order, for to enquire concerning the cause of the death of 



Robert AUin, deceased, the brother of John AUin, of Eehoboth, which said 
Robert Alhn died the 15 day of May, 1661. 



sworne. 



' M"^ Stephen Paine, Seni"", 
John Reed, 
Robert Abell, 
John Butterworth, 
Robert Wheaton, 
Roger Annadowne, 



sworne, 



Leif? Peter Hunt, 
Wili Sabin, 
James Browne, 
Richard Bullocke, 
Josepth Carpenter, 
Richard Whittacus. 



These, haueing viewed the dead body of the said Robert Allin, and heard 
the relations of those that were in the house of the said John AUin, where 
hee, the said Robert Allin, died, att the time of his death, doe with one con- 
sent declare, that hee came by his death by laying violent hands vpon 

himselfe. 

THOMAS WILLETT. 

Dated att Rehoboth the 22«"^* of Aprill, 1662. 



22 April. 

Peence, 

Gou«. 

[*12.] 



*Mt the Generall Court held att Plymouth the third Day of June, 



1662. 

Befoke Thomas Prence, GoQ, 
Wiliam Collyare, 
John Aldin, 
Josias "Winslow, 

Assistants, &6, 



Thomas Southworth, 
Wiliam Bradford, and 
Thomas Hinckley, 



M 



R THOMAS PRENCE was chosen Gou', and sworne. 

Wiliam Collyare, 
John Aldin, 
Thomas Willett, 
Josias Winslow, 
Thomas Southworth, 
Wiliam Bradford, and 
Thomas Hinckley, 



were chosen Assistants, and sworne. 



3 June. 



14 



PLYMOUTH COLONY RECORDS. 



1662. 

3 June. 

Pbenoe, 

Gou=. 

[*13.] 



Major Josias Winslow and Captaine Thomas Southworth were chosen 
comissioners ; M." Thomas Prence was the next in nomination. 
Constant Southworth was chosen Treasurer, and sworne. 

*The names of the deputies of the seuerall townes of this jurisdiction 
whoe serued att this Court are as foUoweth : — 



John Dunham, Seni', 
Kobert Finney, 
John Morton, 
Ephraim Morton, 
M"^ Constant Southworth, 
Wiliam Paybody, 
Leiftenant James Torrey, 
Cornett Eobert Studson, 
Thomas Burgis, 
Wiliam Bassett, 
Leift James Wyatt, 
James "Walker, 



M' Tho Howes, 
Richard Saeres, 
Henery Cobb, 
Nathaniell Bacon, 
LeiR Perrigrine White, 
Ensigne Marke Eames, 
Leift Peter Hunt, 
Henery Smith, 
Leift John Freeman, 
Josias Cooke, 
Wiliam Britt. 



The Grand Enquest. 



sworne, 



'M' Anthony Thacher, 
M' Josepth Tildin, 
M"^ AUexander Standish, 
Anthony Snow, 
Austine Bearce, 
Gorg Macye, 
Wiliam Maycomber, 
Daniell Smith, 
Samuell Newman, 
John Otis, 
Jacob Cooke, 



r Wiliam Clarke, 
Francis West, 
Thomas Caswell, 
Wiliam Twiney, 
John Miller, 
sworne, <[ Arther Hathawey, 
John Carey, 
Gorge Lewis, 
Jacob Burgis, 
Thomas Tupper. 



[*14.] 



*The Constables of the seuerall Townes. 

Plymouth, Abraham Jackson. 

Duxburrow, Benjamine Bartlett. 

„ . f John Bryant, 

Scittuate, w 1 -r. 

(^ John Daman. 



COURT OEDERS. 



15 



Sandwicli, Thomas Dexter. 

Taunton, WiHram "Witherell. 

Yarmouth, Edward Sturgis. 

Barnstable, Thomas Huckens. 

, „ ., , f Cap? Nathaniell Thomas, 

Marshfeild, -^ ^/ 

l^ Thomas Little. 

Kehoboth, Nathaniell Paine. 

Eastham, Nicholas Snow. 

Bridgwater, John Eames. 

Acushenah, Samuell Jeney. 

Surveyors of the Highwaies. 

' Josepth Warren, 



1662. 

3 June. 

Prenoe, 

Gou"'. 



Plymouth, 

Duxburrow, 

Scittuate, 

Sandwich, 



Taunton, 



Yarmouth, 

Barnstable, 

Marshfeild, 

Rehoboth, 

Eastham, 



Thomas Lettice, 

Francis Combe. 
( Christopher Wadsworth, 
[Moses Simonson. 
[James Doughtey, 
\ Stephen Vinall. 

Thomas Burgis, 

Richard Chadwell. 

Anthony Slocome, 

Wiliam Harvey. 

M"^ John Joyce, 

Wiliam Eldred. 
[Thomas Lewis, 
!_ Moses Rowley. 

John Rouse, 

Wiliam Foard, Juni"^. 

{Nocholas Hyde, 
John Pecke. 
f Gyles Hopkins, 
1 Thomas Paine. 



*Att this Court, M' Wiliam Hedge was alowed and approued by the 
Court to bee captaine of the milletary companie of Yarmouth. 

James Leanard, of Taunton, was freed from training in the milletary 
companie of Taunton in reference to his calling, being a bloomer, and in 
respect to a former order of Court wherin hee was exempted in that respect. 



[*15-] 



3 June. 
Prence, 



16 PLYMOUTH COLONY EECOKDS. 

1662. Wheras Thomas Little, of Marshfeild, hath bought a farme land in 

Marshfeild, -which was somtimes the land of Major Wiliam Holmes, deceased, 
and hath build, fenced, and otherwise bestowed labour theron, wherby it is 
Gov". much bettered since hee came to improue it and inherite it, the Court haue 
ordered, for the securitie of the said Thomas Little, hee, his heires, exequitors, 
and adminnestrators, that incase any one shall come in future time and lay 
claime to the said lands, and cleare vp a better title then the said Thomas 
Little hath thervnto, that then such as soe doe shall then fully satisfy vnto the 
said Thomas Little, or his heires or assignes, the full worth of whatsoeuer 
laboure or charge hee hath bine att on the same lands as abousaid, before they 
enter on the posession therof. 

Vpon the complaint of Edward Perrey, of Sandwich, that the marshall 
had attached his meddow on the account and att the suite of Henery Saunders, 
it being a mistake in the marshall, the Court haue ordered, that the said 
Saunders shall quit his claime thervnto, and surrender it to the right owner, 
and lett him enjoy it quietly, and that the said Henery Saunders hath libertie 
to take out a new execution for what is due to him in that behalfe. 

Lres of adminnestration is graunted vnto Mirriam "Wormall to adminnes- 

ter on the estate of Josepth Wormall, deceased. 

[*16.1 *M' Timothy Hatherley is heerby engaged and stands bound vnto the 

Att the Court Gofl and Court of New Plymouth in the sume of an hundred pounds, to saue 

outh the fift harmless the said GoQ and Court from any damage that may arise by the 

^^1°^^"}°^^'^' letters of adminnestration graunted by the Court vnto Meriam Wormall, wid- 

1664, Josias ° •' 

Wormall en- dow, to adminester on the estate of Josepth Wormall, deceased. 
Court for the Leiftenant James Wyate, together with the widdow AUice Deane, of 

sixt p«te t e ijaunton, doe both of them joyntly and seuerally stand bound vnto the GoQ 
septh "Worm- and Court of New Plymouth in the sume of twenty pounds, to saue harmles 

all, deceased; 

and on this the the Court and vndamnifyed by theire pmitting of a legacye of ten pounds to 
M°"Hatheriev ^^^ payed by Thomas Troubridge, of New Hauen, vnto Isacke Dean, of 
of the aboue- Taunton, the said Isacke Dean being vnder age. 

said bonds. 

M"^ Hatherley is desired and deputed by the Court to adminnester an oath 
to the widdow Vtley, of Scittuate, for the truth of the inventory of her hus- 
bands estate, whoe is lately deceased, in regard that shee is weake and ill, and 
not able to make her psonall appeerance att the Court. 

Lres of adminnestration is graunted vnto Mistris AUice Parker, of Taun- 
ton, to adminester on the estate of M"' Wiliam Parker, deceased. 

Lers of adminnestration is graunted vnto James Leanard, of Taunton, to 
adminnester on the estate of Thomas Billington, of Taunton, late deceased. 

Att this Court, Tatacomuncah, an Indian, complained against Wamsitta 



3 June 

PHENCE, 



COURT OEDEKS. 17 

for selling away a necke of land called Saconett, which hee saith belongeth 166 2. 
to him. 

A like abuse a squa sachem, called Namumpam, complained of against 
Wamsutta ; and the Court engaged to doe what they could in convenient time Ctou". 
for theii-e releife in the f>mises. 

*Conserning a cow belonging to Jane, the daughter of Anthony Bessey, [*1'7.] 
of Sandwich, the Court haue ordered Gorge Barlow, in whose hands the said 
cow hath bine for som tim, to returne her to the ouerseers of the estate of the 
said Anthony Bessey, to bee disposed of by them for the vse and good of the 
said Jane Bessey. 

The Court haue remited fine pounds of a fine of ten pounds amerced on 
Robert Barker for his wife and sone theire exchanging of a gun with an Indian. 

And the said Robert Barker is fined the suine of forty shilHngs for 
exchanging another gun with an Indian before the abouemencioned, hee pro- 
fessing ignorance and injeniously confesing the same. 

Wheras it hath bine giuen forth that diuers haue bine vnsatisfied about 
the sale of Kenebecke, and that an oppertunitie is lately presented vnto vs 
for the haueing of it againe, the deputies haueing considered therof, and find- 
ing noe way presenting itselfe by theire takeing of it againe for the countreyes 
better advantage, haue with one consent agreed, that they desire not to meddle 
with it againe, but doe rattify the sale therof. 

Conseming a mare killed by the Indians att Mashpe, which, vpon the 
best euidence that can bee had, is found to belong to John Allin, of Sand- 
wich, Paupemamecke and Keencomsett haue engaged before the Court that 
the Indians shall pay the sume of fourteen pounds vnto the said John Allin 
or his assignes betwixt this and the fifteenth day of Aprill next ensueing the 
date heerofj in manor and forme following, vizj : the one halfe of it in corn 
and porke, and the other halfe in oysters, att prise current att the payment 
therof; or incase they can kill any woulues in the intrime, the Court haue 
engaged to make payment in theire behalfe vnto the said John Allin for soe 
much as they shall come vnto according to the ordinary rate that they ^ or 
payed for killing of them ; but incase they shall make payment in specye as 
abouesaid, that then they shall pay as much of it as they can to Nicholas 
Dauis, and the rest att ■ Sandwich to the said John Allin, or his assignes in the 
behalfe of the said John Allin. 

*In reference vnto a desire of M"^ CoUyare about his x of meddow [*18.] 
att the North Hill, in the township of Duxburrow, the Court haue ordered 
Major Winslow and M' Aldin to view and settle the bounds of the said 
meddow. 

VOL. IV. 3 



18 PLYMOUTH COLONY RECORDS. 

1662. Captaine Willett is appointed by the Court to purchase the lands of the 

""""■^^ "^ Indians -which is graunted vnto such that were servants and others that are 

„ ""^' ancient freemen, which the x thinkes meet to add to them to haue 

PaENCE, ' 

Gou". enterest in the said graunt, the tenure wherof is extant in the x of the 

See booke of p 
orders and pas- '-^"U-f''- 

sages of the It was further sraunted by this Court, that the abouesaid servants and 

Court, 1661, ° ■" 

June. ancient freemen shall haue libertie, incase they can not procure Saconett 

Necke according to the x graunt, to looke out some other place, vndis- 
posed of, for theire accomodation. 

Theire names are as foUoweth : — 

James Cole, Seni'', Wiliam Merricke, 

-fjohn Hanmore,+ +Gorg Partrich,+ 

Nicholas Wade, Josepth Beedle, 

Thomas Williams, John Kouse, 

Eichard Bishop, Abraham Sampson, 

Gorge Vicorey, John Vobes, 

Samuell Chandeler, John Irish, 

-1-Eoger Annadowne,+ Peter CoUymore, 

Wiliam Sherman, John Haward, 

+Walter Woodworth,+ Thomas Pope, 

John Smaley, Richard Beare, 

Wiliam Tubbs, Wiliam ShirtliiFe. 

Eichard x as an ancient freeman, Josias Cooke as a servant and 
as an x freeman, John W x , Senir, as an ancient freeman and as a 
seruant. 

Josias Cooke and John Was x are to bee considered with a x 
portion in reference to the condition abouemensioned, as being both ancient 
freemen and servants. 

A tract or pcell of land is graunted to the towne of Sandwich lying 
alonge the herring riuer downe to Josias Standishes land att Manomett. 

In answare to a petition prefered to the Court by Bridgwater, it is 
graunted by the Court, that the meddow land lying northward and west- 
wards from the center within the seauen miles, is graunted to the towne of 
Bridgwater. 
r*19.1 *Iii reference to a petition prefered to the Court by sundry of the fi-ee- 

men, and in reference vnto a graunt made to some to looke out accomoda- 
tions of land, as being the first borne children of this goflment, and for the 



COURT ORDERS. 



19 



disposing of two seuerall tracts of land lately purchased, the one by Major 
Winslow and the other by Captaine Southworth, the Court, haueing viewed 
the seuerall lists of the names of those that desired to bee accomodated therin, 
haue settled it vpon those whose names follow : — 



1662. 

3 June. 

Peence, 

Gou«. 



M' Prence, 
M' Bradford, 
Major Winslow, 
M' Aldin, 
Wiliam MulHns, 
M' Brewster, 
M' Howland, 
Francis Cooke, 
Leiftenant Fuller, 
Leiftenant "White, 
Wiliam Pontus, 
Steuen Dean, 
Phillip Delanoy, 
M'^ John Winslow, 
John Adams, 
Peter Browne, 
John Shaw, 



Anthony Anible, for his daughter, 

Hannah Burman, 
Francis Sprague, 
Gorg Soule, 
Nathaniell Warren, 
Samuell Fuller, Juni"", of Plymouth, 
Andrew Einge, 
Francis Billington, 
Moses Simonson, 
Eesolued White, 
Wiliam Bassett, 
Edward Bumpas, 
Samuell Eedey, 
Wiliam Hoskins, 
Gorg Partrich, 
Wiliam Nelson, by right of his wife. 



X dders 
X to sell of 
X idg to be 
X oyed by 
X Winslow 

were 
X 
X 

both 

due. 



Edward Gray to haue a double share, to bee layed forth together. 

It is ordered by the Court, that those to whom these lands were disposed 
shall come to a deuision therof within two monthes after the date heerof, and 
satisfy all disbursments for the purchase therof, both to the major, Edward 
Gray, or any others ; and incase they shall not come to a deuision within two 
monthes as abouesaid, that then Edward Gray may sett his house in any place 
within the said tract, and that thervnto hee shall haue a double portion layed 
out to him, and to haue libertie likewise to mow any x x x 

*In reference vnto a former graunt to sundry ancient freemen of the towne 
of Taunton, to looke out lands for theire accomodation, and in answare to the 
request of some others that are joyned with them in desireing accomodations 
of land, the Court haue graunted vnto them that they shalbee accomodated on 
the lands on the northerly bounds of Taunton, and that the major, Captaine 
Southworth, and Captaine Bradford are appointed by the Court to purchase 
the same of the Indians in the behalfe of those heerafter named, prouided that 
which shalbee purchased shall not bee prejudiciall to the Indians. 



Alsoe, 
X by the 
X that none 
X enjoy 
X in two 
X the 
X d 

X othe 
X . X 



[*20.] 




3 June 
Prence, 



PLYMOUTH COLONY RECORDS. 

Captaine Thomas Southworth, Josepth Warren, 

M' "Wiliam Parker, Leif! James "Wyate, 



M' Henery Andrews, Jolin Morton, 

Gou". John Parker, Ephraim Morton, 

Gabriell Fallowell, Eobert Finney, 

Gyles Rickard, Seni% Ensigne Marke Eames, 

Eichard Wright, Wiliam Paybody, 

Anthony Snow, Gorge Hall, 

Nathaniell Morton, John Deane, 

M' John Gilbert, Walter Deane, 

Captaine Poole, John Dunham, Juni', 

James Walker, John Eogers, 

Eichard Williams, Gorge Bonum, 

John Wood, Jonathan Briggs, 

Henery Wood, Dauid Briggs, 

Wiliam Harlow, John Bundey. 

It is ordered by the Court, that the abouesaid land shalbee purchased by 
the next June Court, and not to exceed such a proportion as is suitable in 
quantity to soe much as such a number as those haue that had a graunt with 
the major in those two graunts or tracts before mencioned in this booke. 
r*21.1 *-'-^ reference vnto an order of Court bearing date the first of March, 

1641, the Court haue graunted an inlargement and accomodation of land vnto 
the towne of Barnstable, according to theire desire expressed in that order. 

A Deposition about Land appointed to bee recorded. 

10 June. Our towne appointed mee, with others, to purchase of Osamequin a 

tract of land about a place knowne to our towne by the name of Satuckett, 
which wee did from the center six miles, which center is the ware in the riuer 
aboue expressed, and wee paid him for it^ the writing or deed expressed 
vnder Osamequins hand was seauen miles. 

The oath of M' Constant Southworth, Leif? Nash, alsoe being deposed 
to the same in the Court held in Plymouth the 10* of June, 1662. 
Attested p me, 

NATHANIELL MOETON, Clarke. 

An other Testimony about Land appointed to bee recorded, as foUoweth. 

This testifyeth, that when Captaine Standish was there to sett out the 
Indians land, that then Napoietan, the sagamore, told M' Winslow and the 



COURT ORDERS. 21 

rest of the companie that hee gaue the one halfe of that land to Tacomacus ; 1662. 
soe hee and his wife and children haue enjoyed it euer since. ' ' ' 

10 June. 

HENERY COBB. Prenoe, 

Gou". 

*M'^ Aldin and the major are appointed by the Court to sett out the bounds [*22.] 
bet^vixt Barnstable and Sandwich, and to end any difference that is betwixt 
them and the Indians about any graunt of lands. 

The Treasui-er is appointed by the Court to take order and agree with a 
Avorkeman to repaire the house bought by the countrey of Edward Gray. 

The major, Cap? Southwor^, and Cap? Bradford are appointed by the 
Court to draw vp a forme of coinission for milletary officers, vizj, captaines, 
leiftenants, and ensignes, which shalbee in a reddines to bee viewed by the 
coimcell of warr att the next generall training ; and if by them, or any seauen 
of them, approued, then to bee established. Aded vnto these abouemensioned 
for advise and councell, Leiftenant Torrey, Leiftenant White, Leiftenant Kash, 
and Cornett Studson. 

M' Josepth Pecke is authorised by the Court to graunt a replevin to any, 
the owners of cattle, that shall treaspas in the liberties of Eehoboth, and are 
or shalbee impounded. 

A deputie of euery towne in the goflment was appointed to take the . 
account of the Treasurer, vizj, of those that were now att the Court. 

Theire names are as foUoweth : — 

John Morton, Nathaniell Bacon, 

"Wiliam Paybody, Leiftenant Peregrine White, 

Leiftenant James Torrey, Leif? Peter Hunt, 

Wiliam Bassett, Leiftenant John Freeman, 

Leiftenant Wyate, Wiliam Britt. 
M'' Thomas Howes, 

See the account in the Treasurers booke in anno 1663. 

*The Treasurer, Wiliam Paybody, and Wiliam Britt are appointed by r*g3.] 
the Court to see the lands of Captaine Standish about Satuckett Pond layed 
forth, soe much as was graunted to him, which is about two hundred and 
thirty acres, if it bee there to bee had, a quarter pte of the first graunt being 
taken out, and Josias Standish haueing other lands alowed to him att Man- 
nomett. 

Wheras M' Thomas Dexter, Seni% complaineth of abuse and wronge 
done him by Leiftenant Puller, and sundry of his naighbours, by pulling vp 



22 



PLYMOUTH COLONY RECOKDS. 



1662. 

' V 

10 June. 

Peenoe, 

Gou». 



[*24.] 

Thomas Bird 
was whipt the 
first time att 
this Court. 



The said In- 
dian was whipt 
att this Court. 



of his fence and turning in cattle, &6, and that now att Plymouth the said 
Thomas Dexter speaking with the said Leiftenant Fuller about that matter, 
hee engaged to giue him meeting before the Court, that soe the Court might 
haue the hearing of the case, which hee neglected to attend, the Court ther- 
fore orders and doth heerby require, that the said Leiftenant Fuller and all 
others that haue damnifyed him, the said Thomas Dexter as aforsaid, by pull- 
ing vp his fence and the like, doe sease from soe doeing all this f sent summer 
vntill the next October Court ; and that att the said Court there may bee a 
hearing of the case, and such determination as the Court shall see reason. 

The Court haue authorised M"^ Timothy Hatherly to soUemise the ordi- 
nance of marriage in the township of Scittuate as occation shall require, and 
likewise to adminnester an oath to any to give euidence for the tryall of a 
cause, and alsoe to adminnester an oath to any that shall giue eiudence to the 
grand enquest as occation shall require within the township of Scittuate. 

The Court doe likewise authorise the said M' Timothy Hatherly to 
adminnester an oath to the widdow Vtley for the truth of the inventory of 
the estate of her husband, late deceased. 

*Att this Court, Thomas Bird, for comitting of seuerall adulterouse prac- 
tices and attempts, soe farr as strength of nature would pmitt, with Hannah 
Bumpas, as hee himselfe did acknowlidge, was sentanced by the Court to bee 
whipt two seuerall times, vizj, the :fij.st time att the ^sent Court, and the sec- 
ond time betwixt this and the fifteenth day of July next. 

And the said Hannah Bumpas, for yeilding to him, and not makeing 
such resistance against him as shee ought, is sentanced to bee publickly whipt, 
which accordingly was pformed. 

M"^ Timothy Hatherley was requested and authorised by the Court to see 
justice done on the body of Thomas Bird by publicke whiping in Scittuate, 
according to the abouesaid sentance. 

And likewise the abouesaid Thomas Bird hath engaged to the Court to 
make payment of the full suine of ten pounds vnto the abouesaid Hannah 
Bumpas or her assignes, in pte of satisfaction for the wronge hee hath done 
her as aboueid. 

Att this Court, a sertaine Nantuckett Indian named Tetannett, allis Ned, 
was, for pilfering and stealing sundry thinges from John Mayo, of Eastham, 
centanced by the Court to bee publickly whipt, and alsoe warned, according to 
former order, being a stranger in our goGment, to depart to his owne place 
att Nantuckett ; and incase hee shall reside within this goQment, and bee 
found therin any other then as a passenger on a journey or the like, that then 
hee shalbee taken and publickely whipt, and sent home againe. 



COURT OEDERS. 

Att this Courtj a fine of forty shillings was remited to M' John Vincent, 
of Sandwich, which was by him forfeited for none appeerance att the last June 
Court to seme as a deputy. 

Cap? Bradford, the Treasurer, and Cornett Studson are appointed by the 
Court to agree with a workman to. mend Joanses Eiuer bridge. 

*The Xames of those that are appointed by the Court in the seuerall Townes 
of this GoSment to take the Invoice of what Liquors, Powder, Shott, 
and Led is brought into the GoGment. 

{John Morton, 
Wiliam Harlow. 

_ , fM' Constant Southworth, 

JJuxburrow, i 

[Benjamine Bartlett. 

[Edward Jenkins, 

Scittuate, i t i t-> 

l^John Daman. 

[Nathaniell Fish, 

^^^^^'=^' iThomas Tobey. 

fGorg Macye, 

iaunton, s _, . c< vi 

(^Irancis bmitn. 

TM' Anthony Thacher, 

' [Robert Dennis. 

fNathaniell Bacon, 

Barnstable, { -^ ^i t ^i 

(^ Josepth Laythorpe. 

[Anthony Snow, 

' \ Wiliam Maycomber. 

[Leift Peter Hunt, 

^^^°^°*^' I Richard BuUocke. 

[Daniell Cole, 

' I Jonathan Sparrow. 

r Wiliam Brett, 

^"^^^*^^' I John Willis. 



23 



1662. 

10 June. 

Prence, 

Gou". 



[*25.] 



These are to giue a trew account of all liquors, wine, powder, shott, and See the law of 
ledd that comes into the coUonie, and comes to thire knowHge, att the Gen- 
erall Courts of the yeare, according to order. 



24 PLYMOUTH COLONY RECOEDS. 

1662. *Att the Generall Court held att Plymouth, in New England, the third Day , 

" ^ "^ of June, Anno Dom 1662. 

3 June. 
PsENOE, Wheras, notwithstanding all former prouision made for the pfecting of 

the line betwixt the Massachusetts and this collonie, from Accord Pond west- 
r*26.1 

ward, hath bine hitherto obstructed, the neglect wherof, being soe greiuious 

to them and vs, and soe hurtfull in sundry respects, — 

This Court doth therfore order, that Major Josias "Winslow, Capt Thomas 
Southworth, and Cornett Eobert Studson bee a comittee folly impowered to 
acte in the pfecting of the sai'd line, and to conclude the right therof, accord- 
ing to the graunt of the charter of our collonie ; whoe are to giue meeting 
vnto a comittee being in like manor impowered by the honored Court of the 
Massachusetts to acte therin in theire behalfe, that soe there may bee a finall 
issue put to that controuersy ; and what shalbee by the said coinittees acted, 
our said comittee are to returne to our next Generall Court. 

[*27.] *Wheras many controuersies haue bine between Phillip, the sachem of 

Sowams, and Quiquequanchett and Namumpam, his wife, and som Narra- 
gansett Indians that are with them ; and the said pties inter sted haue desired 
vs to take notice of them, and by joynt agreement haue refered it to our 
determination and issue ; wee, haueing fully heard theire seuerall allegations 
and complaints, doe find that the principall difference between them hath 
arisen from the abouesaid Quiquequanchett and his wife entertaining of some 
Narragansetts against Phillipes liking and good will after conditions broken, 
and haueing well minded such please as they haue made for the proprietie 
and royaltie to such places as they haue bine soe entertained, wee euidently 
see that it hath bine originally in the said Phillipes predecessers, and is 
acknowHdged by the other to haue bine from Phillipes father conveyed to 
him, and that on the condition that such as should there live vnder him should 
alwaies obserue such orders and costomes as they had found amongst them, 
the non obseruance wherof hath bine a great cause of theke ^sent troubles. 

Wee doe therfore giue it as our aduise, for the issue of the contestes 
between the pties abouenamed, that the said Quiquequanchett and his wife 
doe dismise such of the said Indians as are, to PhilUpes offence, entertained 
by them, vnles by any agreement with him hee may bee made willing to theire 
continuance there on theire promise of better carriagfe ; and for returne of any 
goods by him taken from them, wee find hee hath alsoe bine treaspased and 
damnifyed by them, yett would haue him returne the canooes complained of, 
or any thinge of that nature that is yett extant, and doe advise that all vnkind- 
nesses may bee buried between them, and that the remembrance of this 



8 October. 
Prence, 



COURT ORDERS. 25 

difference, ariseing from such smale begiiiings, may for future make them 1662. 

wise to liue in peace and love. 

THOMAS PEENCE, GoQ, 
JOHN ALDEN, gou«. 

JOSIAS WINSLOW. 
Plymouth, October the 8"^, 1663. 

*Forasmuch as there hath lately many rumers gon too and frow of [*2S.] 
danger of the rising of the Indians Jtgainst the English, and some suspision 
of theire ploting against vs to cut vs of, the councell of warr, being assembled, 
saw cause and reason to send vnto Phillip, sachem of Poconakett, to require 
his appeerance att the Court held att Plymouth the sixt of August, 1662, to 
make answare vnto such intergatories as should bee proposed vnto him for 
the clearing of the aforsaid pticulares, and to deliberate and congratulate with 
him about such matters as might tend to a further settlement of peace, and 
renewal! of former couenants, as hee seemed to desire, plighted betwixt oiu* 
predesessors and his ancestors ; and accordingly the said sachem appeered att 
the Court abouesaid, and after curtesy expresed on both sides, and a large 
and dehberate debate of pticulares, hee absolutely deneyed that hee had any 
hand in any plott or conspiracy against the English, nor that hee knew of any 
such contrivance against them, and proffered his brother, vpon the Coiu-ts 
demaund, as an hostage to bee secured vntill the Court could haue more ser- 
tainty of the truth of his defence. Vnto which they returned, that although 
they had just cause to require and accept of his hostage, yett notwithstanding 
they doe not desire it att the present, for such reason as they then expressed 
vnto him. In fine, it was concluded by the Court and him mutually, that the 
ancient couenant betwixt his predesessors and vs should bee continued ; an 
abstract wherof was drawne vp and agreed on both ptes, and subscribed both 
by the said Phillip, the sachem, as alsoe his vnkell and sundry other of his 
most considerable men ; the contents of which said couenant and subscribsion 
is as followeth : — 

*Att a Court of Assistants held att Plymouth on the sixt day of August, e August. 
anno Dom. 1662, Phillip, allis Metacum, sachem of Pocanokett, makeing his [*29.] 
appeerance, did earnestly desire the continuance of that amitie and frindship 
that hath formerly bine between this goQment and his deceased father and 
brother ; and to that end the said Phillip doth, for himselfe and his successors, 
desire that they may for euer remaine subject to the Kinge of England, his 
heires and successors, and doth faithfully promise and engage that hee and 

VOL. IV. 4 



26 



PLYMOUTH COLONY KECORDS. 



1662. 

6 August. 

Peence, 

Gou". 



his will truely and exactly obserue and keep inviolable such conditions as haue 
bine by his predecessors formerly made, and pticularly that hee will not att 
any time needlesly or vnjustly prouoake or raise warr with any other of the 
natiues, nor att any time giue, sell, or any way dispose of any lands to him 
or them appertaineing to any strangers, or to any without our priuity, consent, 
or appointment, but will in all thinges indeauor to carry peacably and inofFen- 
ciuely towards the English. 

And the said Court did then alsoe expresse theire wilhngnes to continew 
with him and his the abouesaid frindship, and doe on theire pte promise that 
they will afoard them such frindly assistance by aduise and otherwise as they 
justly may ; and wee will require our English att all times to carry frindly 
towards them. In witnes wherof the said Phillip, the sachem, hath sett to 
his hand, as alsoe his vnkell, and witnessed vnto by sundry other of his 
cheifemen. 

The marke of ^ PHILLIP, allis METACUM, 

Sachem of Pocanakett, 
The marke of x^t:^^ VNCUMPOWETT, 

Vnkell to the abouesaid sachem. 
Witnesse John Sasomon, 

The marke of / ( ) Francis, the sachem of Nausett, 
The marke of Nimrod /^T\, allis Pumpasa, 
The marke (^ of Punckquaneck, 
The marke 0^d9 of Aquetaquesh. 



3 October. 


*Att the Generall Court holde\ 


n att 


P{ 


ynwuth the third of 


[*30.] 


Before Thomas Prence, Gou'', 
Wiliam CoUyare, 
John Aldin, 
Josias "Winslow, 


1662. 




Thomas Southworth, 
"Wiliam Bradford, and 
Thomas Hinckley, 




Assistants, 


&6 


!, 



M« WILLAM COLLYARE and M' John Aldin are appointed by the 
Coui-t to view and bound an addition of land graunted vnto Captaine 
Bradford, in some convenient place for him adjoyning to the land hee hath 
att Stonybrooke. 




COURT ORDERS. 27 

M' John Bradford and M"^ Josepth Bradford are to bee considered in an 1 6 G 2. 
accoinodation of land in that which Captaine Willitt hath purchased on the 

north bounds of Rehoboth or elswhere. Since aded thervnto Henery Samp- 

son, Edwa: Dotey, John vVhiston. 

Wheras M"^ CoUyare complaineth that the records of his grarint att the 
north hill are lost and cannot bee found, both of the vpland and mcddow, the 
Coui-t hath ordered, that M'^ Aldin and Major Winslow shall view the same 
land, and bring report of it to the next March Court, that soe it may bee 
recorded as neare as may bee according to the first graunt. 

Att this Court, a tender Avas made vnto Samuell Hickes by the Court to 
come to an equall deuision with others enterested in the lands of INI"' Robert 
Hickes att Accushena, Coaksett, and places adjacent ; and the said Samuell 
Hickes hath refused the same ; and therfore the Court is nessesitated to 
appoint some to deuide it to such as are by M' Hickes his will enterested 
therin in such proportion as the said land will beare ; and the Court haue 
accordingly appointed Samuell Jenney, James Shaw, and Arther Hathewey to 
doe the same. 

Conserning a coult enquired after by John Sutton, att Rehoboth, it is 
ordered by the Court, that hee shall haue the said coult into his custody, with 
this prouiso, that if any other shall come heerafter, and make profFe that it is 
theires, that then hee shall haue him forth coming, to bee deliuered to them. 

Xicholas Norton and John Pease, of Martins Vinyards, are authorised 
by the towne of the said Vinyards to answare the suite of John Doged, 
conienced against the said towne att this Court. 

Witnes Thomas Burcher, 
Wiliam Weekes. 

Captaine Cudworth, M"" Josepth Tildin, Leiftenant Torrey, and Cornett 
Studson are appointed by the Court to make deuision of some lands in pte- 
norship betwixt John Williams, Seni', of Scittuate, and his son, John 
Williams. 

*M'^ John Done, John Smalley, and Jonathan Sparrow to bee considered [*31.] 
with those whoe are graunted accoinodation of land on the northerly bounds 
of Taunton. 

Experience Michill, M' AUexander Standish, Henery Sampson, Samuell 
Fuller, and Thomas Cushman, Juni"", are nominated to bee considered in the 
aforsaid lands, if it bee there to bee had when those are supplyed to whom the 
graunt is made, if it bee there to bee had ; and if not there, in some other 
place, if it may bee found. 



28 



PLYMOUTH COLONY RECORDS. 



1662. 



3 October. 

Prence, 

Gou". 



The oath of Jonathan Briggs, of Taunton, taken before this Couii, is as 
followeth : — 

1, Jonathan Briggs, aged twenty-fiue yeares or theraboutes, doe testify, 
that about six yeares agone, as I was in the house of James "Walker, of Taun- 
ton, I heard James Walker aske Willam Browne what hee would doe with 
his land if hee should not returne from England againe. Wiliam Browne 
answared, that if hee did not returne againe, then hee would giue all his land 
to his little cousen, which was Peter Walker, whoe then stood before him. 



The Account of the Liquors brought into the Towne of Yarmouth since 
June last before the date heerof, giuen into this Court by M"' Anthony 
Thacher. 

The 22"=°'^* of the ilft month, brought in by M'' Gray 18 gallons of 
liquors. 

The Q"" of the six month, brought in by M"^ Hedge about fifteen gallons 
of liquors, ten pounds of powder, and halfe an hundred of ledd. 

^V^iliam Nicarson, att the same time, brought in one barrell of liquor. 

The 19"" of the 7* month, M' Hedge brought in ten gallons. 

The 26 of the 7"* month, Elisha Hedge brought in 16 gall. 

The same time, Wiliam Griffin brought in ten gallons. 



Att this Com-t, Richard Bourne and James SkifFe were appointed by the 
Court to settle the bounds of Nanquatnumuks land. 
M' Hatheriey Ann AUin, widdow, and M'' Timothy Hatherley, both of Scittuate, doe 

'^ " / "''Y^ heerby stand bound and are engaged vnto the Goii and Court of Plymouth in 
the sume of foure hundred pounds, to saue harmles and vndamnifyed the said 
GoU and Court of Plymouth from any dammage that may arise to them by 
the letters of adminnestration graunted by them vnto the said Ann Allin to 
adminnester on the estate of John Allin, deceased. 

*Att this Court, Captaine Willett and some other whom hee shall thinke 
meet, are requested by the Court to view the bounds of Taunton, wherin they 
desire to bee enlarged ; and if hee sees it convenient, and that it bee not pre- 
judiciall to others, to confeii-me it to them ; and incase that Captaine Willett 
shall neglect soe to doe, the Coui't haue declared that they will take some 
course to answare theire desires att the next March Court. 

Samuell Howland, of Duxbiurrow, being p>sented for breach of the Sab- 
bath in carrying a grist from the mill on the Sabbath day, is, according to the 
law, sentanced to pay ten shillinges or be whipt. 



of this bond 
this third of 
June, 1663. 



[*32.] 



Fines and cen- 
tances. 



COURT ORDERS. 29 

And Wiliam Foard, Seni% is fined fiue shillings for suffering him to take 1 6 G 2. 
it from the mill att such an vnseasonable time. ' '^ 

-ry- ^ -x-rr- .... ^ October. 

Kanelme VVinslow, Juni', for riding a journey on the Lords day, although peence 
hee pleaded some disappointment inforcing him thervnto, is fined ten shillings. Gou". 

Timothy Hallowey, for prophaning the Lords day in triming his servant 
theron, is fined ten shillings. 

Teage Jones, of Yarmouth, for being ouertaken in drinke, haueing bine 
formerly a transgressor in that kind, was fined fifty shillings. 

Gorg Crispe, being ^sented for receiueing into his house some liquors or 
such like goods illegally taken, though hee knew it not, and suffering some 
disorders in his house, is fined twenty shillings. 

The wife of Gorg Crispe being psented for a lye, the Court, haueing 
considered the matter, doe find that shee spake a falshood, but judg it not to 
come vnder the notion of a pnisious lye, but onely vnadvisedly, and soe re- 
quire not the fine. 

Wiliam Randall, being ^sented for diners lyes and slaunders in defama- 
tion of John Bryant, for his lyes was fined twenty shillings. 

And in reference to his ^sentment about Thomas Ouldums cooper stuffe, 
hee is fined for a lye about it ten shillings. 

John Palmer, Juni"^, of Scittuate, for that without cause, out of prejudice, 
hee did forge a slaunder against Josepth Siluester, wherin is sundry pnisious 
lyes, is fined fiue pounds ; and Samuell Palmer, being in the same default, 
and now absent, is left to further consideration. 

John Tompson, warned to attend this Court to serue on a jury, did 
absent himselfe, and soe lyable to fine, vnlese hee can satisfy the Court by his 
defence. 

*The rates for the publicke charge of the countrey for this yeare, accord- [*33.] 
ing as they were proportioned on the seuerall townshipes, are as foUoweth : — 

Plymouth, rate to 120", 11:02:00 

Duxburrow, 06 : 14 : 06 

Scittuate, . . . . • 18:03:00 

Sandwich, 10:02:00 

Taunton, 10 : 02 : 00 

Yarmouth, 10:02:00 

Barnstable, 11 : 02 : 00 

Marshfeild, 10 : 02 : 00 

Eehoboth, 15:03:00 

Eastham, 08 : 02 : 00 



30 



PLYMOUTH COLONY KECORDS. 



1662. 



3 October. 

Peence, 

Gou". 



Bridgwater, 04 : 10 : 00 

Sowamsett, 05 : 10 : 00 

Cushenali and Coaksett, 03 : 10 : 00 



The farmes against Road Hand, 



01: 10:00 



125 : 14 : 06 

The officers wages being taken out of the abouesaid sume, the remainder 
to bee paied, the one halfe therof in wheat and barly, att 4^ S'' p bushell, and 
the other halfe therof, one third of it to bee paid in wheat and barly att the 
prise aforsaid, and the other two tliirds in Indian corne att thi-ee shillings p 
bushell. 

The 2™""* of December, 1662, the suiiie of twenty-four shillings in money 
was receiued by the Treasurer from the dark, which was the money which 
was taken from a boy which ran away, whose name is Christopher Fowler, 
fine shillinges and threpence wherof was payed by the Treasurer for the defray- 
ing of the charge of the marshal!, &(3, about the said boy ; and the Treasurer 
is ordered by the Court to returne the remainder to the right owner. 



166 2-3. *Att the Generall Court held att Plymouth the third Day of March, 
^^^^—^ 1662. 

3 March. 
[*34.] 



Befoee Thomas Prence, Gou', 
Wiliam Colly are, 
John Aldin, 
Thomas Willett, 



Josias Winslow, 
Thomas Southworth, 
Wiliam Bradford, and 
Thomas Hinckley, 



Assistants, &d. 

IN answare vnto a request made by M'' Hatherley vnto the Court, that a 
jury might bee impannelled to make deuision of the lands in ptenorship 
betwixt John Williams, Seni"", and Ensigne John Williams, his son, the Court 
did approue and appoint those whose names are vnderwritten to repaire vnto 
the house of AI' Anthony Eames, att the North Eiuer, and there to giue 
meeting vnto Major Winslow ; and that a jury out of them bee impanneled 
to make deuision of the lands aforsaid, vizj : Leift James Torrey, Cornett 
Eobert Studson, M"' Josepth Tildin, Walter Briggs, Isacke Chettenden, John 
Daman, Edw Jenkens, John Hollett, Jeremiah Hatch, John Ottis, John 



COURT ORDERS. 31 

Tui-ner, Juni'', Mathew Gannett, Thomas Hilancl, Wiliam Tickner, and Walter 16 6 2-3. 
Woodward. '^ 

Tvr TT' !!• •111/-^ I- 1 1^ March. 

M"^ Jdmckiey is appointed by the Court to admmnester an oath to such phence 
as are to take theire oathes to the Avill and inventory of the estate of M' Eob- ^o""- 
ert Linnell, deceased ; and that Josepth Laythorp and Nathaniell Bacon bee 
aded to the widdow Linnell to bee healpfuU to her in seeing the debts payed 
either out of the whole or pte of the estate. 

Letters of adminnestration are graunted vnto Jonathan Hatch and Lydia, 
the wife of Henery Taylor, to adminester vpon the estate of Thomas Hatch, 
deceased, to pay all lawful! debts owing from the said estate, and to bee reddy 
to glue account therof vnto the Court. 

Memorand : that att the next June Court some course bee taken to settle 
the bouncls betwixt Taunton and Secuncke, to preuent damage that might arise 
to the Indians by the neglect therof; and Captaine Willett is desired to take 
course to prevent the English in depasturing theire cattle neare the Indians 
corn to theire prejudice. 

Att this Court, Leiftenant Torrey, Cornett Studson, and M"^ Josepth Til- This to bee 
din were appointed by the Court to lay out the tract of land graunted to M"^ ti,;s ^^te and 
Hatherley aboue Scittu.ate, according to the graunt, vizj : to begine att the ^^^ ^^ °^ Apnil 
southermost end of Accord Pond, and to goe noe farther northerly least it 
entrench vpon the Bay line. 

*Att this Court, Josias Hallott and Thomas Starr, for goeing into the [*35.] 
house of John Done, Juni^, att Eastham, there being no body att home, and 
behaueing themselues vnciuilly therin, ransacking the house for liquors and 
drinking therof, and for writing and seting vp a libelouse and scandalouse 
paper of verses in the said house, and leaueing of it there, are sentanced by 
the Court to find surties for theire good behauior vntill the next Generall 
Court, to bee holden att Plymouth the first Tusday in June next, and longer 
time if the Coui't shall see cause, and to pay for a fine, each of them, the suine 
of fiftj' shillinges. 

Elisha Hedge and Samuell Sturgis, for being guilty in the said pticulars, 
though not soe deeply as the former, as is conceiued, are sentanced to find sur- 
ties for theire good behauior vntill the next Generall Court abouesaid, to bee 
holden att Plymouth the first Tusday in June next, and longer time if the 
Court shall see cause, and to pay, each of them, a fine of thirty shillinges. 

Josias Hallott acknowlidgeth to owe vnto our soB lordl 

^ „. ,, _ , U0:00:00 

the Jimge the sume ot j 

Trustrum Hull the sume of . . . . • . . . . 10 : 00 : 00 

The condition, that if the said Josias Hallott bee of good behauior Released. 



32 PLYMOUTH COLONY REC0ED3. 

166 2-3. towards our soQ lord the Kinge and all his leich people, and appeer att the 



"^ ' Generall Court to bee holden for this goQment att Plymouth the first Tusday 

p in June next, and not depart the said Court without lycence ; that then, &6. 

Gou". Thomas Starr acknowlidgeth to owe vnto our soQ lord 1 

1 T^- 1 - r i 20: 00: 00 

the Hmge the sume oi . . J 

Ralph Smith the sume of 10 : 00 : 00 

Released, pay- The Condition, that if the said Thomas Starr bee of good behauior 

in Of Itiis fcGS 

towards our soQ lord the Kinge and all his leich people, and appeer att the 

Generall Court to bee holden for this goflment att Pljnnouth the first Tusday 

in June next, and not depart the said Court without lycence ; that then, &d. 

Elisha Hedsre acknowlidgeth to owe vnto our soil lordl 

, X.- 1 - ^ f 20 : 00 : 00 

the Kmge the sume of J 

Robert Denis the sume of 10 : 00 : 00 

These bonds The condition, that if the said Elisha Hedge bee of good behauior towards 

but since ten °^^ ®°^ ''■^'^'^ ^^^ Kinge and all his leich people, and appeer att the Generall 

pound fine ac- Court to bee holden for this goQment att Plymouth on the first Tusday in June 

next, and not depart the said Coiu't without lycence ; that then, &d. 

r*36.1 *Samuell Sturgis acknowlid°;eth to owe vnto our soQl 

, n 1 T^- 1 - r S 20 : 00 : 00 

lord the Kmge the sume oi j 

John Miller the suine of 10 : 00 : 00 

Cleared of The Condition, that if the said Samuell Sturgis bee of good behauior 

paying his fees towards our soil lord the Kinge and all his leich people, and appeer att the 
Generall Coui-t to bee holden for this goQment att Plymouth the first Tusday 
in June next, and not depart the said Court without lycence ; that then, &(?. 

Att this Court, Ephi-aim Done, Thomas Ridman, John Knowles, and 
John Wilson, for trading of liquors with the Indians att Cape Codd, are fined, 
each of them, twenty fine shillinges. 

Ephraim Done and Thomas Ridman, for pmiting the Indians to haue 
liquors in theire boate, it appeering that one of the Indians was drunke therby, 
are fined, each of them, fifty shillings. 

Conserning a rundelett of Hquor found with one Peter, an Indian, none 
of the abouesaid owneing that they had helped the Indian to it, it is found to 
bee forfeited to the countrey ; and for soe much of the liquor as is spent, that 
the said Indian bee required to make it good. 

Ephraim Done acknowlidgeth to owe vnto our soQl 

1 1 .1. TT- .1, - <• MO : 00 : 00 

lord the Kmge the sume of j 

Ephraim Done , i ,i _ « 

was freed of . ^o™ Knowles the sume of 20 : 00 : 00 

these bonds ijijg condition, that if the said Ephraim Done doe appeer att the Court 

October lO"", '■ ■^•^ 

1663. to bee holden att Plymouth the first Tusday in June next, to make further 



COURT ORDERS. 33 

answar vnto such thinges as shalbee enquired of him conserning the death of 166 2-3. 

Josias, the Indian sachem, att Eastham, and not depart the said Court without ' ^^ "^ 
lycence ; that then, &d. 

John Knowles acknowlidgeth to owe vnto our soQ "l Gou". 



1 . , -rr. , _ ^ , 40 : 00 : 00 

lord the ivinge the sume 01 

Ephraim Done the sume of . . . 20 : 00 : 00 

The condition, that if the said John Knowles doe appeer att the Court to 
bee holden att Plymouth the first Tusday in June next, to make further an- 
sware vnto such pticulares as shalbee enquired of him concerning the death 
of Josias, the Indian sachem, att Eastham, and not depart the said Court 
without lycence ; that then, &d. 

Abraham Sampson, for being drunke, fined ten shillings. 

Thomas Lucas, for being drunke, it being the third time hee hath ben 

convicted and sentanced in the Court for being drunke, was sentanced by the 

Court to bee publickely whipt, according to the law, onely the execution 

therof is respited vntill hee shalbee taken drunke the next time, and then 

hee is to bee forthwith taken and whipt, without further fsenting to the 

Court. 

*Thomas Ridman acknowHdge to owe vnto our sofl.") r*37.1 

n . ^ T^- t, - r !■ 40: 00: 00 ■- ■" 

lord the Kmge the sume 01 J 

John Wilson the sume of 20 : 00 : 00 

The condition, that if the said Thomas Ridman doe appeer att the Gen- 
erall Court to bee holden att Plymouth the first Tusday in June next, to 
make answare vnto such pticulares as shalbee further enquired of them con- 
serning the death of Josias, the Indian sachem, att Eastham, and not depart the 
said Court without lycence ; that then, &S. 

John Wilson acknowlidgeth to owe vnto our soft lord ] 

t- Tz- u - ^ U0:00:00 

the Jvinge the sume 01 j 

Thomas Ridman the sume of 20 : 00 : 00 

The condition, that if the said John Wilson doe appeer att the Court to 

bee holden att Plymouth the first Tusday in June next, to make answare vnto 

what further shalbee enquii-ed of them conserning the death of Josias, the 

Indian sachem, att Eastham, and not depart the said Court without lycence ; 

that then, &6. 

Att this Court, Moses Crooker and Richard Man were ^sented before 

the Court for entering into the house of Edward Williams, of Scittuate, and 

ployning of his money a^d goods, and laying of gunpowder about his hearth 

soe as it fiered, to the endangering of the life of the said Williams, with other 

pnisious practices which proued injurious to the said Williams, for which they 

VOL. IV. 5 



3 March. 
Prence, 



Memorand. : 
that the said 



34 PLYMOUTH COLONY KECOKDS. 

166 2-3. were sentanced by the Court to bee both seuerly whipt, which accordingly 
was inflicted; and wheras the money and goods they tooke from the said 
"WiUiams could not bee made good by them, nor satisfaction giuen for other 
Gon=. injui-ies, the Court ordered them to bee put forth to seruice vntill each of them 
should attaine the age of twenty and one yeares from the date heerof, vizj, the 

Thorn: g^id Moses Crooker to Hue with, continew and abide with John "Williams, 

Hinckley hath 

paide fiue Seni', of Scittuate, the full tearme of eight yeares, hee being att the writing 
Edivard \Vil- li^erof of the age of thirteen yeares ; hee, the said John Williams, paying 
Uams as of yj^to the Said Edward Williams the suine of fiue pounds ; and incase the said 

satisfaction for 

the -wrong don John Williams shall decease before the said time bee expired, that then hee 
boyesf shalbee att the dispose of the said John Williams for the remainder of his 

time, with the consent and approbation of the Court ; and likewise the Court 
doth dispose of the said Richard Man to bee with and abide with M'' Thomas 
Hinckley, of Barnstable, or his assignes, with the approbation of y' Court, 
after the mannor of an apprentice, the tearme of ten yeares from the date 
heerof, hee being att the writing heerof of the age of eleuen yeares ; and 
incase the said Thomas Hinckley shall decease before the said time bee ex- 
pired, that then the said Richard Man shalbee att the dispose of him, the said 
Thomas Hinckley, for the remainder of his time, with the consent and appro- 
bation of the Court. 
[*38.] *Att this Court, Ralph Smith, of Eastham, for breaking the peace in 

The tearmesof striking of Wiliam Walker, is fined 00 : 03 : 04. 

the p'sentraent 

•was for striking And for other pticulares in the ^sentment att October Court, 1662, con- 

oprobriouse sidering hee hath agred with the said Walker, and in pte made satisfaction, 
speches, and ^.j^g Court doth heer pas it by. 

thrusting oner 

a boat thought And as conserning his former jp'sentment, conserning teling of a lye and 

"^mwn "talker. 

■ other injuries done by him to the towne of Eastham about a whale, the Court 

haueing onely fined him for the lye, haue respeted the sensuring of him for 

the remainder vntill they haue further notice of his future walking. 

Samuell Smith, for saying hee could find in his hart to thrust a pen into 
the said Wiliam Walker, was fined 00 : 03 : 04. 

Nathaniel Church and Elizabeth Soule, for coinitting fornication with 
each other, were fined, according to the law, each of them, 05 : 00 : 00. 

Att this Court, this following order was directed to the towne of 
Taunton : — 

Vpon the complaint of some of the inhabitants of Taunton, that some 
there haue gone about to alter the ancient way of distribution of lands in that 
towne formerly settled and long practised, wherby, besides many other incon- 



COURT ORDERS. 



35 



3 March. 

Phence, 

Gou". 



veniencyes that doe arise therby, some Indians that by the leaue of the towne 1662 3 
had libertie to plant corne in the remote ptes of the townshipe are disturbed in 
the improuement of the said lands, to theire great impouerishing, by such 
psons theire takeing vp such great quaintities of land, which is ill resented by 
vs ; wee doe therfore require them to desist from any such practice as that 
which wee feare may create much trouble and inconveniencye, vntill wee haue 
further inquii-ed into the same. 
The Courts order. 

p me, NATHANIELL MORTON, Clark. 



*Mt the Ctmrt of Assistants holden att Plymouth the fift Day of 

May, 1668. 



Befobe Thomas Prence, Gou', 
Wiliam Collyare, 
John Aldin, 
Josias Winslow, 

Assistants, &d. 



Thomas Southworth, 
"Wiliam Bradford, and 
Thomas Hinckly', 



IN answare vnto the desire of Stephen Bryant and Ephraim Tinkham, that 
some course might bee taken about some differences amongst theire 
naighbourhood about the bounds of theire lands, the Court haue ordered, that 
"Wiliam Crow bee aded to those whoe the towne of Plymouth haue appointed 
to measure and settle the bounds of lands, that hee with them may endeauor 
to settle the said controuersy amongst them. 

In answare vnto a petition prefered to the Court by Judith, the wife of 
"Wiliam Peakes, of Scittuate, in reference vnto her son Josias Leichfeild, the 
adopted son of John AUin, deceased, the Court haue ordered and doe heerby 
giue libertie vnto the said Josias Leichfeild to choose two guardians, and to 
g>sent them vnto the next Generall Court. 

In answare vnto a pticulare in a letter directed to the Court from M' 
Hatheriey, wherin hee desired the Court would take other cecuritie for the 
estate of John AUin, there being noe other appeering to giue in cecuritie, doe 
heerby signify that they looke att him as standing bound and engaged vnto 
them in that behalfe, and are not willing to a release vntill some other doe 
appeer to bee engaged, and therfore doe aduise him to take the best course 
hee can to secure himseHe. 



1663. 

5 May. 

[*39.] 



36 PLYMOUTH COLONY REC0KD8. 

16 63. Concerning the complaint of Thomas Butler in the behalfe of his son, 

" ' Daniell Butler, against Wiliam Browne, for that the said Browne did neglect 

p ' to deliuer two barrells of tarr to M' John Barnes, of Plymouth, or his as- 

Gou". signes, which said tarr the said Browne receiued of the said Daniell Butler 

for that end and purpose, the Court haue awarded the said Wiliam Browne 

to pay vnto the said Daniell Butler two barrells of marchantable tarr with all 

convenient speed, and eight shillings for charges the said Butler hath bine 

att about the said suite. 

Memorand : that Samuell Hinckley bee suraoned to appeer att the next 
Court, to giue oath to the will of M' Samuell Hinckley, deceased. 

Conserning the land graunted to Edward Gray att Namassakett, the 
Courts order about it is to bee vnderstood, that the said Edward Gray is to 
haue a double share of the said lands, both vpland and meddow, to bee layed 
out together ; that is to say, a double share of the said lands, to take it where 
hee would in the said tract, soe as hee tooke it together. 



1 June. *Att the Generall Court of Election held att the Towne of Plymouth, 
[*40.] j-(f^ ff^g Jurisdiction of JVew Plymouth, the first Day of June, 

1663. 

Befobe Thomas Prence, Gotf , Josias Winslow, 

Wiliam CoUyare, Thomas Southworth, 

John Aldin, "Wiliam Bradford, and 

Thomas Willett, Thomas Hinckley, 

Assistants, &fi. 



M 



K THOMAS PRENCE was chosen Gou', and sworne. 

"Wiliam CoUyare, 
John Aldin, 
Thomas "Willett, 
Josias "Winslow, 
Thomas Southworth, 
Wiliam Bradford, and 
Thomas Hinckley, 

M' Thomas Prence and Major Josias Winslow were chosen coinissioners 
for the following yeare. 



were chosen Assistants, and sworne. 



COURT ORDERS. 

And Cap? Thomas Southworth is the next in nomination. 
M' Constant Southworth was chosen Treasurer, and swome. 
It was ordered by the Coui-t that a ^ „ 

•The Names of the Deputies that serued att this Court. 

M' John Howland, Leiftenant James Wyate, 

Robert Finney, M' Anthony Thacher, 

Ephraim Morton, M' Yelverton Crow, 

Nathaniell "Warren, Nathaniell Bacon, 

M' Constant Southworth, John Chipman, 

Wniam Paybody, Ensigne Marke Eames, 

Leiftenant James Torrey, Leiftenant Peter Hunt, 

Isacke Bucke, Leiftenant John Freeman, 

Thomas Tupper, Seni% Josias Cooke, 

James Skiffe, Willam Britt. 

One deputy from Taunton was returned backe, and one deputy firom 
Marshfeild was returned backe againe. M' Stephen Paine, one of the depu- 
ties chosen for Eehoboth, could not appeer by reason of weaknes. 

The Grand Enquest. 

John Morton, John Hussell, 

Leiftenant Josepth Rogers, Henery Sampson, 

M"^ James Browne, Robert Wheaten, absent, 

John Willis, absent, John Turner, Seni', 

John Dingley, "Wiliam Bassett, Juni"^, 

Edmond Freeman, Peter Pitts, 

Ensigne John Williams, Thomas Howes, Juni', 

James Mathewes, Thomas Tildin, 

Thomas Laythorpe, John Bryant, 

Abraham Blush, Benajah Pratt. 
John Rogers, 

The Constables of the seuerall Townes of this Jurisdiction. 

Plym, Stephen Bryant. 

Dux%, John Sprague. 

Scittu, John Sutton. 

Sandw, Gorg Barlow. 

Taunton, Hezekiah Hoare. 

Yarmou, Samuell Ryder. 



37 



1663. 



1 June. 
Prenoe, 

GOD^ 

[Ml.] 



38 



PLYMOUTH COLONY KECORDS. 



1663. 

r— 

1 June. 
Fbence, 

GOTJ». 



[*42.] 



Bams?, Tristrum Hiill. 

[Willam Holmes, 

Marskfeill, W ^- t? 

(_ Justice Eames. 

Eehoboth, Wiliam Carpenter. 

Eastham, Edward Banges. 

Bridgw, Samuell Edson. 

Acushenah, "Wiliam Spooner. 



*The Surveyors of the Highwaies. 

' James Cole, Seni'', 



Plyfii, 



Duxbu, . 
Scit?, . 
Sand, . 
Taunton, 
Yarmou, 



Maxshfeild, 

Rehoboth, 

Bridgwater, 



Josepth "Warren, 

Samuell Sturtivant. 

I'M' Samuell Sabery, 
\ Samuell Hunt. 
John Cushen, 
"Wiliam Brookes. 

[Thomas Burge, Seni', 

\ Thomas Launder. 

C James Leanord, 

\ Samuell Smith. 
John Joyce, 
Wiliam Eldred. 

[Thomas Doged, 

[ Anthony Snow. 
John Peram, Seni', 
Gilbert Brookes. 

{John WilUs, Juni"^, 
Samuell Allin. 



Freemen admited this Court, and swome. 

Jeremiah Howes, "Wiliam Carpenter, 

John Miller, Jonathan Sparrow, 



John Reed, 
Samuell Newman, 



Samuell Eaton. 



Att this Court, Cornett Studson was appointed by the Court to accom- 
pany the Treasurer in demanding and receiueing the moneyes due to the coun- 
trey from the purchasers of Kenebecke. 

For diuers reasons and considerations, the Court haue suspended the 



COURT ORDERS. 39 

generall training for this yeare, and that the next yeare it bee obserued att 166 3. 
Yarmouth att the ordinary time of the yeare. ^ ^' 

1 June. 

Leiftenant Wyate, Nathaniell Bacon, and Kobert Finney were appointed peence, 
by the Court to view the lands on the north side of Secunke, and make '^°^^- 
report therof vnto the Court. 

Ensigne Dexter is ordered by the Court to exersice the milletary com- 
pany of Sandwich in armes vntill the Court shall see reason otherwise to 
order. 

*The Court haue ordered, concerning the disposing of the estate of Faith [*43.] 
Clarke, widdow, deceased, that her daughter, Faith Dotey, widdow, shall haue 
a quarter pte, or one pte of foure, of the goods and chatties of the said Faith 
Clarke, her debts being discharged ; and the remainder three ptes of four, or 
three quarters therof, shalbee equally deuided betwixt her two sonnes, Henery 
and Thurston Clarke ; and that Captaine Bradford and Josepth Andrewes 
shall make the said deuision, together with another whom the said Faith 
Dotey shall make choise of; and that the said Cap? Bradford and Josepth 
Andrewes shall take course that the debts due from the said estate bee de- 
frayed out of the same. 

Att this Court, Josias Leichfeild made choise of Leiftenant Torrey and 
Cornett Studson to bee his gaurdians, whoe were allowed and approued soe to 
bee by the Court. 

Wheras John Allin, of Scittuate, and Anna, his wife, longe since tooke of this see 
Josias Leichfeild as theire adopted child, with purpose to bringe him vp, and ^^^^^ ^ggg 
to doe for him as theire child, and soe faithfully pformed during the said Allin 
his life, and not long before his death was mindfull of him ; yett being sud- 
dainly taken away, left not his mind soe full and pticulare concerning him as 
hee intended and might haue bine desired ; yett soe much appeered to the Court 
vpon oath as in theire apprehensions carryed the true intent and force of a of this will 
will. The said Josias haueing chosen Leiftenant James Torrey and Cornett see Vhere^^riUs 
Robert Studson his gaurdians, it was att this Court agreed between Anna, the andmvento- 

ryes are re- 

rehct of the said AlUn, and the boyes abouenamed guardians, with the Courts corded. 
approbation and likeing, that the said Josias should haue twenty pounds ster- 
ling payed into the hands of his said gaurdians about Michilmus next, by 
them to bee improued for him, and soon after that time to bee freed & to bee 
put forth to a trad, and conveniently fited out with suitable apparrell and 
nessesarries ; and when hee shall come to the age of twenty one yeares, to bee 
posessed of the farme and appurtenances giuen him by the said John Allin, 
deceased. 

*The Court doe order, that M' Collyares meddow bee recorded lying [*44.] 



1 June. 
Phenoe, 



40 PLYMOUTH COLONY RECORDS. 

166 3. about North Hill, haueing bin lately viewed by M' Aldin and the Major 
Winslow, and bounded by a pine tree anciently marked standing on the north 
side of the brooke, and from then by a range of stakes a crosse the meddoTV 
GoTj". to a marked tAree on the west or southwest side of the said meddow, all the 
meddowes lying on the southerly side of that range, and alsoe a Httle nooke 
of meddow lying downe the said brooke towards North Hill, containing about 
two acrees. 

The Court doe acknowKdg Gilbert Winslow, deceased, whoe was one of 
the first comers, to haue a right to land, and doe allow his heires to looke out 
and propose to the Court some pcell of land that the Court may thinke meet 
to accomodate them in. 

Liberty is graunted to M'' Edmond Freeman, Seni'', to looke out a tract 
of land to accomodate both himselfe and the children of M'' Wiliam Paddy, 
deceased, vizj, Samuell and Thomas Paddy, and to make report of it to the 
Court, that a competency may bee confeirmed vnto them, if it may bee, about 
a coder swamp, by him named, soe as it bee found not to intrench vpon other 
mens right ; if soe, hee may looke out elsewhere where it may bee found. 

Liberty is graunted vnto Wiliam Crow, of Plymouth, in respect vnto 
his vnkell, M"^ John Adwood, of Plymouth, deceased, to looke out for accoino- 
dation of land, and to make report therof to the Court, that soe a competency 
may bee alowed him. 

M'' Hinckley, M' Dexter, Seni'', and M' Constant Southworth are appoint- 
ed by the Court to settle the bounds between the townshipps of Sandwich and 
Plymouth as soon as conveniently they can. 

It is ordered by the Court, that a rate of forty pounds bee leuied on the 
seuerall townes of this jurisdiction for the defraying of nessesary charges of 
the coUonie, that they are nessesitated to expend att the ^sent ; which said 
rate euery one is to pay his proportion which hee shalbee rated thervnto in 
money, or wheat att 4^ p bushell, to bee payed by the last of August next ; 
of which rate the naighbourhood of Sowamsett is to pay thirty shillinges, the 
naighbourhood att Acushena 10% and Bridgwater thirty shillinges, in the 
specy aboue expressed. 

Thomas Huckens is approued, and his former libertie renewed to keep an 
ordinary att Barnstable. 

[*45.] *Wheras there was a graunt by the Court of an adition of land vnto M' 

Wiliam Bradford, Seni', as appeers vpon record, which was not layed out nor 
bounded in his life time ; and wheras Captaine Wiliam Bradford, the son of 
the said M"^ Wiliam Bradford, Seni"', did make request vnto the Court that the 



1 June. 
Prence, 



COURT ORDERS. 41 

same might bee pformed; the Court held att Plymouth on the thhd of Octo- 166 3. 
ber, 1662, did appoint M' Wilkm CoUyare and M' John Alden, Assistants, 
to view and bound an addition adjoyning vnto the lands which the saidWiliam 
Bradford posseseth. Now, wee, the aboue named Assistants, haue, this twen- G°""' 
tyeth of May, 1663, viewed and bounded as followeth: on the north east 
from a smale rundelett that runeth downe to a place coinonly called the Tus- 
sukes, and soe to range alonge northerley by Plymouth bounds next to the 
bounds of Duxburrow, and soe to the brooke that runes into black waters, to 
the place where the old path went to the bay, so rainging downe the broo^:e a 
mile in length. 

WILtAM COLLYARE, 

JOHN ALDIN. 

It is ordered by the Court, that those that are sett downe att Sowamsett 
be accounted to belonge to the towne of Eehoboth, and those that are sett 
downe att Saconeesett to belonge to Barnstable, and those that are sett downe 
att Namassakett to belonge to the towne of Plymouth vntill the Court shall 
see reason otherwise to order. 

The major, the Treasurer, and Cornett Studson are appointed to agree 
with a workeman or workemen to repaire the bridge att Joanses Eiuer, or to 
erect a new one, as occation shall require. 

The major and the Treasurer are appointed by the Court to agree with 
Willam Berstow to repaire the bridge att the North Riuer ; and the charge 
therof is to bee leuied by rate on the seuerall townshipes of this goQment ; 
and for the quantity and specey therof, it is to bee as they, the said pties, 
shall agree with workmen, and to bee made knowne that it may bee leuied by 
rate in October next after the date heerof 

Anthony Annable and Willam Crocker are appointed by the Coirrt to 
bee adminnestrators on the estate of Thomas Burman, and that they are to 
glue in cecuritie to the Court to saue the Court from all damage that may 
come to them by the said pties theire adminestration. 

Liberty is graunted vnto John Gorum to looke out some land for accoino- 
dation, and to make report therof to the Court, that soe a competency may bee 
graunted to him. 

Ensigne Merricke is alowed and approued of by the Court to bee in the 

office of a leiftenant in the milletary companie of Eastham. 

*Elisha Hedare acknowHdgeth to owe vnto our soli lord 1 1*46.1 

, ^,. , _ ° ^ 20 : 00 : 00 *- -^ 

the Kmge the sume ol J 

Edward Sturgis, Seni'', the suiue of 10 : 00 : 00 

VOL. IV. (5 



42 



PLYMOUTH COLONY RECORDS. 



1663. 

1 June. 

Pkenoe, 

Gou". 

Freed, paying 

his fees. 

Sensures. 



Fines. 



[*47.] 



The condition, that if the said Elisha Hedge bee of good behauior 
towards our soQ lord the Kinge and all his leich people, and appeer att the 
Coui-t to bee holden for this gofiment att Plymouth the first Tusday in Octo- 
ber next, and not depart the said Court without lycence ; that then, &6. 

The Court being enformed that Josepth Rogers, of Namassakeesett, hath 
frequently and from time kept companie with Mercye, the wife of Wiliam 
Tubbs, in a way and after such manor as hath giuen cause att least to suspect 
that there hath bine laciuiouse actes coinitted by them, the Court sees cause 
and haue required the said Josepth Rogers to remoue his dwelling from 
Namassakeesett aforsaid by the twentieth day of this instant June, and haue 
alsoe declared vnto him that if att any time hee shall bee taken att the house 
of the said Tubbs, or in the companie of the said Marcye Tubbs alone in any 
place, that then hee shall forth with bee taken and seuerly whipt ; and the 
said Wiliam Tubbs was by the Court strictly charged not to toUarate him to 
come to his house or where hee hath to doe att any time, as hee will answare 
the same att his pill. 

The abouesaid Josepth Rogers, for his contentious departing from the 
Court held att Plymouth the last March without licence, being bound to 
appeer and attend the said Court to answare for matter of fact, is fined fiue 
pounds to the collonies vse. 

Christopher Winter, for neglecting to frequent the publicke worship of 
God on the Lords day, is fined ten shillings. 

Timothy Hallowey, for being drunke, fined fiue shillinges. 
John Shilley, for playing att cards on the Lords day, fined 20^ 
Nathaniell Fitsrandall, for comiting fornication, fined ten pounds ; hee 
hath liberty vntill the next October Couit to pay the fine, or sufifer corporall 
punishment. 

Edward Sturgis, for bringing in liquors into the towne of Yarmouth, and 
not glueing seasonable notice therof to the men appointed to take the invoyce 
therof, is fined the sume of six pounds, wherof foure pound to the collonies 
vse and forty shillings to the said invoycers. 

♦The lands that M'' Constant Southworth and Wiliam Paybody layed 
out in consideration of the graunt of lands to Captaine Myles Standish att 
Satuckett Pond lyeth on the north side of the mouth of Winnatucksett Riuer, 
the said riuer being the bounds on the south side buting vpon Satuckett Riuer, 
being the boimds on the west end, ruiiing in length from Satuckett Riuer into 
the woods 160 rodds east and by north, ruiiing in breadth north and by west 
fi-om the abouesaid Winatucksett Riuer to a great white oake tree burnt att 
the bottome, and a ridd oake tree marked standing close by it ; alsoe, a smale 



COURT ORDERS. 43 

tract of meddow land lying att the head of Satuckett Pond, containg about 166 3. 
four acrees more or lesse, in pte of the graunt of competency to such a tract "■ '^ ^ 

n 1 -I 1 June. 

01 vpland. _ 

J^ Frence, 

In answare vnto a petTon g>fered to the Court by M' Thomas Cushman, ^°''°- 
Thomas Clarke, and Thomas Pope, the ouerseers of the estate of Mistris Sarah 
Jeney, deceased, in reference vnto a mare disposed of by the Treasurer in the 
behalfe of the countrey, the Court haue allowed them, in reference vnto the 
children of the said Mistris Jeney, the first horse beast, bee it horse or mare, 
that shalbee found to belonge vnto the countrey. 

And in answare vnto a petition prefered to the Court by M"^ Thomas 
Bourne, of Marshfeild, conserning a horse hee layed claime vnto, the Court 
haue left the case relateing to that controuersy as they found it, and see noe 
light to acte further in it. 

M'' Timothy Hatherley is appointed and deputed by the Court to admin- 
nester marriage within the township of Scittuate for the following yeare, as 
alsoe to adminnester an oath to any witnesses to giue testimony to the grand 
enquest as occation shall require, as alsoe to any witnesses to giue euidence to 
the Covut for the triall of any cause, and likewise in his ma*'"^ name to issue 
forth warrants and summons to warne any pson of the towue of Scittuate 
psonally to appeer att the Court att Plymouth to answare any suite as occation 
shall requu-e this following yeare. 

M"" John Done is appointed by the Court to adminester marriage within 
the township of Eastham for this following yeare, and to adminester an oath 
to any witnesses to giue euidence to the grand enquest, and alsoe to any wit- 
nesses to giue euidence to the Court for the tryall of a cause to any within the 
towne of Eastham for this following yeare. 

*Gorg Vaugham, of Marshfeild, vpon his ;psentment for not attending [*48.] 
the publicke worship on the Lords day, fined, according to order, ten Fines and sen- 

sures. 

shillinges. 

Wiliam Paule, of Taunton, fined for drunkenes, it being the 2°™* time, 
ten shillinges. 

The same Paule, for breach of the peace, thi-ee shillinges and four pence, 
and for prophane swearing that hee bee sett in the stockes as the constable 
shall haue order, and for his not appeering to his summones hee is fined 
twenty shillinges. 

John Hathewey, for his breach of the peace, fined three shillinges and 
four pence. 

John Doged, of Eehoboth, being by Captaine Willett convicted of two 
lyes, is fined twenty shillinges. 



44 



PLYMOUTH COLONY RECORDS. 



1GG3. 



1 June. 

PllENCE, 

Gou". 



[*49.] 



It is ordered by the Coiu't, that Edward Perrey bee called to account in 
convenient time for a rayling letter which hee wrote to the Court. 

It is agreed and ordered by the Court, that in due and convenient time 
Wiliam Nicarson bee required to make satisfaction for his breach of the law 
prohibiting any to buy or hier any lands of the Indians without lycence and 
by order of the Court. 

It is ordered by the Court, that a letter shalbee drawne vp as from the 
Court, and sent to Road Hand, in answare to theii'es, and likewise the Court 
haue declared themselues that they see noe cause to admitt of a treaty with 
them concerning our lands claimed and pretended by them to bee purchased, it 
being but to make a dispute in matters that are cleare and out of controuersy, 

*It is ordered by the Court, that a convenient, hansome rome bee aded 
to the Golinors house, and that the charg of the building therof bee defrayed 
out of the pay for Kenebecke, if that kind of pay will doe it ; and if not, then 
a pte of those goods, and the rest to bee raised by rate ; and that the major, 
the Treasurer, and Cornett Studson are impowered to take course for the pro- 
cureing of the thinge done, on such conditions as they can. 

The sume of thirty pounds is allowed to the GoQ for his extreordinary 
charges this yeare, in the best pay that wee can make it. 

It is ordered, that the Treasurer bee requested to prouide for the majes- 
trates table, as formerly. 



4 August. *Mt the Court of Assistants held att Plymouth the fourth Day of 
[*^0-] Augmt, 1663. 

Before Thomas Prence, Gou'', Josias Winslow, 

"Wiliam CoUyare, Thomas Southworth, and 

John Aldin, Wiliam Bradford, 

Assistants, &6. 



VPON the motion of M-^ Hatherley and M' Tildin, in the behalfe of the 
widdow, Mistris Lydia Garrett, of Scittuate, to haue libertie to seU 
stronge liquors, in regard that sundry in that towne are oft times in nessesitie 
therof, this Court doth giue libertie vnto the said Lydia Garrett to sell liquors, 
alwaies prouided that the orders of Court concerning selling of liquors bee 
obserued, and that shee sell none but to house keepers, and not lesse than a 
gallon att a time. 



COUKT ORDERS. 

Libertie is graunted vnto Thomas Leanard, of Taunton, Seni"", to sell 
stronge liquors and wine in the said towne betwixt this date and the Court to 
bee holden att Plymouth in June next, and that hee obserue the orders of 
Coui-t as are extant about selling of liquors and wine, and that hee keep good 
order in his house with them to whom hee sels any. 

Josepth Andrews fined fine shillings for refusing to serue on a jury for 
the laying out of highwaies att Duxburrow, being sumoned thervnto. 

Memorand : that John Sutton bee summoned vnto the next Generall 
Court, to giue an account of the deuision and disposall of the estate of Samuell 
House, deceased, incase M' Tildin and hee doe not end it in the interem ; and 
that notwithstanding hee bee suinoned to giue in cecuritie for the said estate 
and the disposall therof vnto the Coui-t. 

Richard Bourne and Myles Blacke were appointed by the Court to pur- 
chase the land of the Indians that M"^ Freeman hath graunted vnto him and 
the children of M' Paddy by the Court, and likewise to sett apart such a por- 
tion of the ceader swampe that is therin as shalbee behoofefuU and by them 
thought competent for the naighbourhood residing att Mannomett. 



45 



1663. 

4 August. 

Phenoe, 

Gou". 



*Mt the Generall Court held att Plymouth the fift of October, 1663. s October. 

[*51.J 
Bkfoke Thomas Prence, GoS, Thomas Southworth, 

Wiliam Colyaxe, Wiliam Bradford, and 

John Aldin, Thomas Hinckley, 

Josias Winslow, 

Assistants, &6. 



THE inhabitants of the towne of Taunton haueing seuerall times, for 
diuers yeares, complained of the straightnes of the bounds of theire 
towne, and haueing petitioned the Court for some enlargment, the Court, 
haueing desired some to take a view of what they haue desired, and finding 
that it is not hkely to bee prejudiciall to any, they graunt as followeth, vizj : 
that the path which goeth from Namassakett to Assonett Riuer bee theire 
bounds on the southeast, and soe by a line from thence to Baiting Brooke, and 
from Baiting Brooke a north line till it meet with theire opposite line called 
the Longe Square, prouided that it come not within two miles of Tetacutt ; 
alsoe, it is graunted that the inhabitants of Taunton that haue interest in the 



46 



PLYMOUTH COLONY KECORDS. 



1663. 

6 October. 

Peence, 

Gou". 



[*52.] 



Cleared. 



iron workes there shall haue free libertie to cutt wood on t^ose lands for the 
vse of theire iron "workes, but not any foraigner excepting Richard Church, of 
Hingham. 

Letters of adminnestration is graunted Vnto Lydia Rawlins, widdow, to 
adminnester on the estate of Nathaniel Rawlins, deceased. 

Captaine Willett is requested to adminnester an oath to the widdow 
Abell, of Rehoboth, for the truth of the inventory of the estate of Robert 
Abell, deceased. 

Memorand : that the Court doe consider of the condition of Naomy 
Siluester, widdow, her deceased husband haueing by his last will and testament 
left, in an absolute way, but a smale, inconsiderable pte of his estate vnto 
her ; that the Coui't take some prudent course that shee bee considered with 
that w'' may bee thought convenient in that respect, shee haueing approued 
herselfe, as appeers by the testimony of some of her naighbours, to bee a 
frug%ll and laborious woman in the procuring of the said estate. 

In answare to a complaint made by Gorge Allin, of Sandwich, about the 
straightnes of a way from his house to the coiiion, the Court haue ordered 
Benjamine Nye, Edmond Freeman, Juni"", and Thomas Tobey to lay out the 
said way, which is to bee thirty foot wide, and with as little f>judice as can 
bee vnto any. 

The Court doth allow vnto three Indians that came to the Court to 
answare the complaint of Ephraim Done, the said Done not appeering att the 
last Court to prosecute his complaint, to each of them fine shillinges. 

*Leiftenant Torrey, John Bryant, and Wiliam Barstow are appointed by 
the Court to lay out a certaine tract of land, formerly graunted to M' Hath- 
erley, aboue Scittuate bounds, next Accord Pond, which said land is to bee 
layed out according to an order of Court bearing date March, 1662. 

The Court certifyed to the towne of Scittuate, that they requu-e them to 
appoint two men whoe they shall thinke meet to be aded to Leiftenant Tor- 
rey, John Bryant, and Wiliam Barstow, to run the line of Scittuate betwixt 
Indian Head Riuer Pond and Accord Pond ; and incase the towne shall ne"-- 
lect to choose two men, then the Court appoints the said Leiftenant Torrey, 
John Bryant, and "Wiliam Barstow to run the said line, and this to bee done 
by the 26 of this instant October. 

Marcye Tubbs acknowlidgeth to owe vnto our soil lord ] 
the Kinge the suiiie of 

Wiliam Tubbs the sume of 10 : 00 : 00 

The condition, that if the said Marcye Tubbs bee of good behauior 
towards our soil lord the Kinge and all his leich people, and appeer att the 



20 : 00 : 00 



COURT OEDERS. 



47 



20 : 00 : 00 



5 October. 

PltENCE, 

Gou". 
Released. 



Court to bee holden att Plymouth the first Tusday in March next, and not 1 6 G 3 
depart the said Court without lycence ; that then, &6. 

Josepth Rogers acknowlidgeth to owe vnto our soil 
lord the Kinge the sume of 

"Willram Randall the suine of 10 : 00 : 00 

The condition, that if the said Josepth Rogers bee of good behauior 
towards our soQ lord the Kinge and all his leich people, and appeer att the 
Court to bee holden att Plymouth the first Tusday in March next, and not 
depart the said Court without lycence ; that then, &6. 

The abouesaid Marcye Tubbs and Josepth Rogers, for theire absean and 
laciuous behauior each with other, cleared against them by the trauers of a 
;Psentment against them, were centanced by the Court to find sureties for 
theire good behauior as abouesaid, and fined each fifty shillings for the vse of 
the collonie. 

Wiliam Norkett, for coinitting fornication with his now wife, fined fiue 
pounds. 

Nehemiah Bessey, for drinking tobacco, att the meeting house att Sand- 
wich, in the time of exercyse on the Lords day, was fined fiue shillings, 

Thomas Ingham, vpon his ^sentment for detaining yerne from sundrey 
psons whoe brought it to him to bee wove, is fined ten shillinges. 

Ralph Earle, for drawing his wife in an vnciuell manor on the snow, is 
fined twenty shilhngs. 

Richard Berry, and Wiliam GriiEn and his wife, and Richard Michell These fines a 



ing to the law, to the vse of the collonie. 



I are 

and his wife, for playing att cards, fined each of them forty shillings, accord- ^' "^ "^^^ ^ 

held in March, 
_ . 165y. 

Abraham Peii-ce, Juni', to bee sumoned to appeer before the major and 
M'^Aldin to answare for his abusiue speeches vsed to his father, and if they 
shall see cause, to bind him ouer to answare it att the Court. 



*The Rates that were leuied on the seuerall Townshipes of this Jurisdiction 
for the Charge of the Majestrates Table and of the Comissioners and 
other nessesary Charges of the Collonie, vizj, the Officers "Wages, &fi. 



Plymouth, 

Doxborrow, 

Scitteatt, 

Sandwich, 

Taunton, 

Yarmouth, 

Barnstable, 



10 : 03 : 06 
05 : 15 : 00 
16 : 12 : 09 
09 : 06 : 02 
09 : 06 : 02 

09 : 06 : 02 

10 : 03 : 06 



[*53.] 



48 



1663. 

^- Y •' 

5 October. 

Pbenoe, 

Gou". 



PLYMOUTH COLONY RECOEDS. 

Marshfeild, 09 : 06 : 02 

Rehoboth, 13 : 17 : 09 

Eastham, 07:08:06 

Bridgwater, 04:02:06 

Sowamsett, 06 : 17 : 00 

Coaksett and Cushenett, 02 : 10 : 00 



The abouesaid pticulars were ordered by the Court to bee payed in wheat 
att 4' 6* p bushell, or in mault att 4' 6* p bushell, soe much therof as respects 
the charge of the majestrates table, with other nessesary charges of the collo- 
nie, excepting the officers wages, which is to payed in Indian come at three 
shillings p bushell. 



1 December. 

[*54.] 



*Att the Court of Assistants held att Plymouth the first Day oj 

'December, 1663. 



Before Thomas Prence, Gou', 
Wiliam CoUyare, 
John Aldin, 
Josias Winslow, 

Assistants, &6. 



Thomas Southworth, 
Wiliam Bradford, and 
Thomas Hinckley, 



IN answare to Bichard Chadwell his complaint of wronge done vnto him 
by the laying out of a way through his ground, through a wronge enfor- 
mation giuen vnto the Court by Gorge Allin, of Sandwich, the Court haue 
ordered, that the way formerly layed out by M'' Vincent, M' Freeman, and 
Richard Bourne shall stand as formerly, onely that the place att the turning, 
where it was so straight, shalbee made wider ; and those men abouenamed 
shall further order matters about that way as occation shall require. 

Vpon the complaint of Samuell Chandeler, that the range of the land is 
not sett betwixt Moses Simons & himselfe, the Court haue ordered Wiliam 
Paybody, Phillip Delanoy, and Leiftenant Nash to run the range of the said 
land, according to theire best intelligence and with the best care they can. 

Att this Cotu-t, Thomas Pope and Gyles Rickard, Seni"", for breaking the 
Elinges peace by striking each other, were fined each three shillinges and foure 
pence ; and concerning the said Pope his takeing away a certaine pcell of 
wood from the said Rickards dore, which was the occation of the abouesaid 



20 : 00 : 00 



COURT ORDERS. 49 

breach of peace, the Court haue orderedj that the said Pope shall returne the 16 6 3. 
said wood againe ; and for the said Thomas Pope his striking of the said " ^ ' 
Eickards wife, and for other turbulent carriages in word and deed, the Coui-t pkj,nce 
haue centanced him to find surties for his good behauiour vntill the Generall Cfou". 
Coui-t to bee holden for this goQment the first Tusday in March, and for 
longer time if the Court shall see reason. 

Thomas Pope acknowlidgeth to owe vnto our soQ lord' 
the Kinge the suine of ^ 

Samuell Dunham the suine of ten pounds. 

The condition, that if the said Thomas Pope bee of good behauior towards Freed of these 
our soQ lord the Kinge and all his leich people, and doe appeer att the Gen- 
erall Court to bee holden for this goQment att Plymouth the first Tusday in 
March next, and not depart the said Court without lycence ; that then, &d. 

Att this Court, Wiliam Nicarson, Seni'', being summoned, appeered to 
answare for his purchasing of land of the Indians att Mannamoiett, contrary 
to order of Court, and owned the same, but sayed that hee had done the same 
of ignorance, &6, and intreated the mercye of the Court in that behalfe. 



*Att the Generall Court holden att Plymouth the first Day of March, 1663-4. 

^nno Dom 1663. 1 March. 

[*55.] 
Before Thomas Prence, GoQ, Thomas Southworth, 

John Aldin, Wiliam Bradford, and 

Thomas Willett, Thomas Hinckley, 

Josias "Winslow, 

Assistants, &3. 

A TT this Court, a biU of inditment was prefered against Samuell Rowland, 
.ZTA- of the towne of Duxburrow, in the jurisdiction of Plymouth, in New 
England, in America, for that by discharging of a fowling peece on the body 
of Wiliam Howse, late of Sandwich, in the jurisdiction aforsaid, on the twenty 
fift of October, anno Dom 1663, att a place comonly called the High Pyne, 
on the Salt House Beach, in the said jurisdiction, wherby the said House was 
wounded, languised, and ymediately died. 

And the said Howland, being demaunded by whom hee would bee tryed, 
answared, by God and the countrey. 

The names of the jury that went on this tiyall are as foUoweth : — 

VOL. IV. 7 



50 PLYMOUTH COLONY RECORDS, 

1663-4. 

1 March. 



Pbence, sworne, 

Gou^ 



'M' Josias "Winslow, Seni', 
Edward Jenkens, 
M' Nicholas Pecke, 
Isacke Chettenden, 
Thomas Burge, Seni', 
James "Walker, 



sworne, . 



'John Tisdall, 
Samuell Fuller, 
Josepth Bedle, 
Wiliam Swift, 
Myles Blacke, 
Wiliam Barstow. 



The verdict of the said jury is as foUoweth, verbatim : — 

Not guilty of wilfuU murder ; yett wee find that the said House receiued 
his deadly wound by Samuell Howlands gun goeing of as it lay on his 
shoulder. 

Vpon the receiueing the said verdict, the said Samuell Howland was 
openly cleared and sett att hberty, hee discharging all nessesary charges of 
his imprisonment. 
r*56.1 *John Briggs, Seni', of Taunton, for breakeing the Sabbath, fined ten 

shiUings, according to order. 

Timothy Hallowey, of Taunton, for misdemenor in frequent kising the 
wife of John Hathewey, and for being att the house of the said Hathewey att 
vnseasonable time, and for neglecting to appeer att Court according to sumons, 
fined twenty shillings. 

Ensigne "Wiliams and John Bayley, for breakeing the peace by striking 
one another, fined each 00 : 03 : 04. 

Richard Willis and Josepth Sauory, for breaking the peace by striking 
one another, fined each 00 : 03 : 04. 
These two Tvee- Ann, the wife of Wiliam Hoskins, for speaking most laciuiouse and filthy 

I116I1 W6r6 C6I1"' 

tanced either language to Hester Eickard, fined twenty shilliugs. 

to sit m the Hester, the wife of John Eickard, for most abcean and filthy speeches, 

stockes dunng j x 

the pleasure of fined twenty shillings. 

pay the fines Eichard Willis and Francis Baddow, for breach of the Sabbath, fined each 

'^f'^'^,™- ten shiUinges. 

ed, and they ° 

chose to pay Eobert Eansome, for breach of the Sabbath, fined ten shillings ; the said 

Eansom, for his turbulent and clamorvs carriage in the Court, was comitted to 
ward during the pleasure of the Court. 

Henery Green, of Taunton, for breach of the peace by striking PhiUip 
Leanard, fined 03 : 04. 

In reference to Anthony Annables fsentment the Court orders, that it 
bee signifyed to him that they looke att it as a rash acte of him, worthy of 
blame, yett soe as judging that it was not any wilfuU intensioii of his to 



the fine. 




COUKT OEDERS. 51 

remoue any land markes, properly soe called, and therfore passe it by, yett 166 3-4. 
wittaU conceiue the grand enquest might see cause, by reason of theire oath, 
to g>sent it. 

Att this Court, fine Indians, for abusing Robert Shelley, of Barnstable, 
by coming one euening into his house and afrighting his family, and other 
abuses att that time by them offered, were all sentanced to sit in the stockes 
on some publicke day of meeting, att the discretion of M' Hinckley ; and 
likewise they are to pay vnto the said Robert Shelley, each of them, fiue shil- 
lings in worke or otherwise. 

•Concerning Robert Harper, for his intoUorable insolent disturbance both [*57.] 
of the congregation of Barnstable and Sandwich, and for his abusiue and 
causles railing vpon M' "WaUey and M'' WisweU, the Court haue sentanced 
him to bee now pubHckly whipt, which accordingly was inflicted. 

Richard Willis, for rebaldry speeches by him spoken, was sentanced to 
site in the stockes, which accordingly was pformed. 

Abraham Hedge, for pound breach, fined fifty shillinges. 

An Indian was complained on, att this Court, for abusing of Humphery 
Tiffeney ; this was refered to Cap? Willett to heare and determine. 

Att this Court, Thomas Lucas was publickly whipt for being drunke the 
third time. Hee was sentanced formerly for being drunke the third time ; 
neuertheles the execution therof was respected TatiU hee should bee found 
drunke againe, which accordingly was witnessed against him, and soe the said 
punishment was inflicted on him as aforsaid. 

Att this Court,- Isacke Gumey, for pilfering and other disorderly liueing, 
was sentanced by the Court to bee whipt, which according was inflicted. 

An Order of Court directed to the Townsmen of Scittuate concerning the 

said Gurney. 

To the Townsmen of Scittuate. 

These may certify, that Isacke Gurney, whoe was complained against by 
some of youers for pilfejiag and other disorderly liueing, hath for the same 
receiued such punishment as wee judged hee was capeable of beareing ; and 
not finding that hee doth soe properly belonge to any other place as to youer 
towne, wee can doe noe lesse then send him backe vnto you, with order that 
hee bee prouided for according to his condition, and that such as you shall 
place him with doe soe order and goUn him as that soe farr as hee is able hee 
may bee made to worke for his liueing ; and that wheras some extreordinary 
charge hath arisen by his imprisonment, that it bee by you repayed. 



52 PLYMOUTH COLONY RECOEDS. 

16 6 3-4. And accordingly the said Gurney was by waiTant returned from constable 

^ to constable backe to Scittuate. 

p Att this Courtj Wiliam Maaz, of Taunton, for swearing profanely, sen- 

Gou". tanced to sitt in the stockes att Taunton on some pubKcke meeting day ; an 
order to bee sent vp about it. 

[*58.] *A Note of the pticulares of the Liq^uors that haue bin brought into the 
Towne of Yarmouth siace May, 1663, and envoyced. 

Item, Edward Sturgis, Seni', & M"^ Hedge, one anker. 
Item, Edward Sturgis, one anker in June, (63.) 
Item, Edward Sturgis, 10 gallons of sacke & 12" of lead. 
Item, M' Hedge, a quarter caske of liquors, and one barrell of powder, 
and 100" of shott, and 50" of ledd. 

December, (63.) 

Item, Samuell Sturgis, 10 gallons. 

Item, Edw Sturgis, Seni', 10 gallons. 

Item, Edw Sturgis, Juni% 10 gallons. 

Item, Elisha Hedge, 10 gallons. 

Item, M"^ Hedge, 10 gallons & fine cases. 

Item, Samuell Sturgis, 86" of shott, & 14" of powder & an halfe. 

Item, Elisha Hedge, 8 pound of powder. 

Item, M' Hedge, 20" of powder, & 100" of shott, & 40 or 50" more. 

Item, Robert Eldred, 8 pound of shott. 

Item, M' Thacher, 3 cases. 

January, (63.) 

M' Hedge, Edw Sturgis, Seni', & Samuell Sturgis, 17 gall. 

Nathaniell Couell, 10 gallons. 

Teage Jones, 10 gall envoyced, and one case forfeite to the country. 

Eichard Michell, 10 gall. 

ANTHONY THACHEE, 
EOBEET DENIS 

The Account of the "Wine, Liquors, Powder, and Shott that hath bine giuen 
in to mee, that hath bin brought into Barnstable. 

The first of ApriU, (63.) 

Thomas Huckens, for himselfe, 4 or 5 and 30 gali of wine and 9 gallons 
of brandy. 



COURT ORDEES. 53 

For Josepth Laythorp, 10 gallons of rum ; and another time, for Nicholas 16 6 3-4. 
Dauis & his man, 4 gallons of liquors ; the next time hee brought a case of ^ ~ 

,. 1 March. 

liquors and halfe a hundred of shott. Pkencis 

Trustrum Hull, the 4*" of June, (63,) 100 gallons of liquors ; and in Ct"'^"'- 
Nouember, (63,) six cases of liquors, and a barrell of powder, & 200 waight 
of shott, for M"" Thomas Clarke j hee brought about 20 gali of rum. 

February 29, (63.) ^ -«> ^OSEPTH LAYTHOKP. 

*In reference to the longe and troublesome controversye between John [*59.] 
Jacob and John Sutton, now att length comeing before vs in a way of chan- 
cery, wee, haueing seriously considered the case both as formerly att large 
posessed of it and as now it stands, see cause to remitt of the bonds forfeited 
the soine of twenty three pounds ; and doe adjudge that John Sutton doe pay, 
or cause to bee payed, vnto John Jacob, between this and the 29"" day of the 
next September, in current pay, att a current prise, att the house of Gorge 
Russell, of Scittuate, the suiue of twenty seauen pounds, which incase hee doe 
not, that then the said Jacob shall haue an execution to bee forthwith leuied 
on his estate for the abouesaid sume of twenty seauen pounds ; and that the 
said John Sutton is to giue the said John Jacob sufficient notice of the time 
of the deHuery of the said sume att the place abouenamed. 

In reference vnto the complaint of Eichard Tayler, of the Rocke, against 
Thomas Starr, that hee had taken a peece of timber a way from him, the Court 
haue ordered the said Tho Starr to retume vnto the said Rich Tayler another 
peece of timber as good as that hee tooke away by the 22°°°'* of this instant 
March, and to pay all damages the said Tayler hath bine att about the recou- 
ery of the said peece of timber ; which if hee shall neglect to doe, hee shall 
pay vnto the said Rich Tayler three pounds, out of which sufiie hee is to take 
his said charges. u s d 

The charge comes in all vnto 01 : 09 : 06 

Forasmuch as great wronge hath bin don by diuers of the inhabitants of 
the towne of Plymouth, for want of bounds of the first lotts towards Plain 
Dealing, the Court doth order, that the want of measure in the breadth of the 
lotts on the south side of the lotts of M' John Winslow shall haue theire meas- 
ure on the south side vpon the comon aboue the acrees, and that Sarjeant 
Morton and Gorge Bonum lay them forth att the first oppertunity, and giue 
in to the clarke what bounds they make, to prevent trouble for the future. 

*Conceming the complaint of John Allin, of Sandwich, against Keencom- [*60.] 
sett, that hee hath not satisfyed an agreement, bearing date June 3, 1663, 
about the killing of a mare, the Court hath ordered, that wheras the said 



54 PLYMOUTH COLONY RECORDS. 

166 3-4. Keencomsett, by his agents, hath left three barrells of oysters with Nicholas 
"" ^' "^ Dauis, by the said AUins former order, that hee shall accept of them as pte 

1 March. « » n . i 

■p^ 01 pay lor the said mare, att prise current. 

God". This Court, takeing notice of such euidence as hath bin produced for the 

clearing of a controuersy between John Tompson, plaintiffe, and Richard 
Wright, in reference to a pcell of land att Namassakett, doe allow an agree- 
ment between the said pties, which was ordered heer to bee entered, as fol- 
loweth, vizj : that the said pties shall haue equall share of the land allotted to 
Francis Cooke att Namaskett aforsaid, prouided that they bee equall in bearing 
the charge about the said land. 

In regard of much abuse of liquors in the towne of Yarmouth, this Court 
doth call in any lycence formerly giuen to Edward Sturgis, Seni'', and doe 
require that hee forbeare to draw wine or liquors for the future without further 
order from the Court. 

And likewise, vnderstanding that James Leanard, of Taunton, haueing 
buryed his wife, and in that respect not being soe capeable of keeping a pub- 
licke house, there being alsoe another ordinary in the towne, doe call in the 
said Leanard his lycence. 

Eichard Bullocke, of Eehoboth, is alowed by the Court to keep the 
ferrey there, soe that hee make a horse boate to ferrey ouer horses, and is 
alsoe lycenced to sell liquors to strangers and passengers, but not to towne 
dwellers. 

Concerning the complaint of the sachem, Phillip, that some of the Eng- 
lish of Rehoboth haue felled some quantity of timber in a swamp belonging 
to him, the Court haue refered the hearing and determining of the said case 
to Capt "Willett. 

In reference to the complaint of Thomas Greenfeild against Henery 
Saunders, for killing of the said Greenfeilds cow, the Court doth order him to 
returne as good a cow, or the valine therof. 

Jin reference vnto the complaint of Humphrey Tiffeney, of Eehoboth, 
that an Indian there hath offered him some abuse, this ^ refered to Captaine 
Willett to heare and determine.^ 
[*61.J *Cap? Willett is appointed by the Coiu't to take securitie of Mistris New- 

man, in the behalfe of the Court, for adminnestration on the estate of M' 
Samuell Newman, decesed. 

Eres of adminnestration graunted vnto the said Mistris Newman, together 
with her son, M"^ Samuell Newman, Jimi"", to adminnester on the said estate. 

Eres of adminnestration graunted vnto the widdow, Joannah Abell, to 
adminnester on the estate of Eobert Abell, deceased. 



COURT ORDERS. 



55 



1 March. 

Pkence, 

Gou". 



20 : 00 : 00 



Capt "Willett is likewise ordered by the Court to take securite of her^ in 1 G 6 3-4. 
the Courts behalfe, for her true and faithfull adminestration on the said estate. 

Lres of adminnestration graunted to M' Nicholas Pecke and Samuell 
Pecke to adminnester on the estate of M"' Josepth Pecke, deceased. 

Lres of adminnestration graunted to John Ensigne to adminnester on 
the estate of Thomas Ensigne, deceased. 

Att this Court, Thomas Rogers, of Eastham, was pmitted and authorised 
by the Court to adminnester vpon the estate of Josepth Rogers, Juni', de- 
ceased, as his heire. 

M"^ Thomas Walley, Juni'', and M' Wright, are allowed by the Court to 
retaile stronge liquors att Barnstable, soe that they sell not lesse then a gallon 
to any, and that they giue in an account therof, and the psons to whom sold. 

M"^ Hinckley is appointed by the Court to adminnester an oath to the 
widdow Lewis for the truth of the inventory of the estate of Gorge Lewis, 
deceased, and to take securitie in the Courts behalfe for her true and faithfull 
adminnestration on the said estate. 

And likewise M'" Hinckley is authorised by the Court to adminnester an oath 
to the witnesses of the last will and testament of Mistris Jone Swift, deceased. 

The SO"* of March, 1664. Thomas Lucas acknowhdg- 
eth to owe vnto our soQ. lord the Kinge the sume of 

Stephen Bryant the sume of 05 : 00 : 00 

And Gorge Bonum the suine of 05 : 00 : 00 

The condition, that if the said Thomas Lucas bee of good behauior Released June 
towards our soQ lord the Kinge and all his leich people, and appear att the ' 
Generall Court to bee holden for this goQment att Plymouth the first Tusday 
in June, 1664, and there bee reddy to answare for his abusing of his wife to 
her danger and hazard, as alsoe for his railing and reuiling others, to the des- 
turbance of the Kjngs peace, and not depart the said Court without lycence ; 
that then, &d. 

*Aprill T*!", 1664. Wiliam Witherell acknowlidgeth to 
owe vnto our soQ lord the Kinge the suine of ... . 

Hezekiah Hore the sume of 10 : 00 

The condition of the abouesaid obligation is, that if Wiliam Witherell Eeleased. 
bee of good behauior towards our soQ lord the Kinge and all his leich people, 
and especially to keep from libelling, and appeer att the Generall ^ to 
bee holden att Plymouth the first Tusday in June next, and not depart the 
same without lycence ; that then, &6. 

Gryles Gilbert acknowlidgeth to owe vnto our soG lord the 
Kinge the sume of 

Gorg Watson the sume of 10 : 00 



1664. 



30 March. 



11 

20 



00 



[•62.] 

7 April. 



20:00 



56 



PLYMOUTH COLONY EECOKDS. 



1664. 

7 April. 
Pbencb, 
Gou". 
Beleased. 



The condition of the abouesaid obligation is, that if Gyles Gilbert bee of 
good behauior towards our soil lord the King and all his leich people, and 
especially to keep from libelling, and appeer att the Generall Coui-t to bee 
holden att Plymouth the first Tusday in June next, and not depart the said 
Court without lycence ; that then, &6. 

The cause of the bonds aboue written is, that wheras James Walker, 
being a ptenor in the saw mills att Taunton, complained of great hurt done 
to the said saw mill by som psons that came in the night in a fellonious manor 
and stole away seueraU thinges, and did great spoile, and left a libellous paper 
behind them; and it being suspected that the abouebounden Wiliam Witherell 
and Gyles Gilbert were the psons, or some of them, that haue done the said 
mischiffe, they, the said "Wiliam Witherell and Gyles Gilbert, being sumoned, 
appeered att Plymouth before the GoQ and Captaine Southworth, on the day 
and yeare first aboue written, and being examined, it appeered that they were 
guilty in the aforsaid pticulares, and therfore the said majestrates saw cause to 
take the said bonds of them for theire good behauior, &6. 



3 May. 

[*63.] 



Beleased. 



Released. 



*Att the Court of Assistants held att Plymouth the 3^ Day of 

May, 1664. 



Befoke Thomas Prence, GoQ, 
Josias Winslow, and 

Assistants, &d. 



John Aldin, 



A TT this Court, Josepth Gray and Samuell Linkorn, being surnoned, 
uTjL. appeered to answare for being ptenors in doeing great hurt to the saw 
mill att Taunton, coming in the night in a fellonious manor, and leaueing a 
libellous paper behind them, &6 ; and being examined about the j^mises, 
owned that they were guilty therin, and therfore for the jpisent were sentanced 
to find surties for theire good behauior. 

Josepth Gray acknowlidareth to owe vnto our soQ lord ] 

the King the sume oi J 

Gorge Watson the sume of 10 : 00 : 00 

The condition, that if the said Josepth Gray bee of good behauior towards 
our soQ. lord the King and all his leich people, and especially to keep from 
libelling, and appeer att the Generall Court to bee holden att Plymouth the 
first Thiirsday in June next, and not depart the said Court without lycen ; 
that then, &6. 



COURT ORDERS. 57 

Samuell Linkom acknowlidgeth to owe vnto our soQ 1 '^ 16 6 4. 

1 ^.T, ir- .V, - ? 30:00:00 ^J^lZi 

lord, the King the sume 01 ^ 

Thomas Leanard the sume of 10 : 00 : 00 ^ ^^' 

POENCE, 

The condition, that if the said Samuell Linkom bee of good behauior Gou". 
towards our soQ lord the Kinge and all his leich people, and especially keep ^ ^^^^ ' 
fi-om libelling, and appeer att the Comt to bee holden att Plymouth the first 
Thursday in June next, and not depart the said Court without lycence ; that 
then, &d. 

"Wheras, att this Court, the aboue bounden Josepth Gray and Samuell 
Linkome, together with Gorge Watson, complained of great wrong, sustained 
not onely by them, but by the whole towne of Taunton, by James Walker his 
neglecting, according to engagement, to leaue a sufficient passage for the her- 
rings or alewiues to goe vp in the riuer on which the saw mill standeth, the 
Court directed an order to the constable of Taunton to require him to signify 
vnto the said James Walker that hee speedily take course that a free passage 
bee left for the goeing vp of the alewiues in the said riuer whiles yett some 
pte of the season remaines of theire goeing vpp. 

*Att this Court, vpon the com.plaint of Wiliam Browne against Henery [*64.] 
Saunders, for non payment of a debt of thirty shillinges in butter and 3^ 6* in 
other pay, the Court awarded the said Saunders to pay or cause to bee payed 
to the said Browne, with all convenient speed, the sume of 40 shili in current 
comoditie att money prise ; and incase this bee not done within one month 
after the date heerof, that the constable of Sandwich shall leuy and take soe 
much of the goods or chatties of the said Saunders as will satisfy the said 
sume of 40^ to the said Browne. 

Att this Court, a judgment of fifteen shillings, wanting a peney, was 
graiinted vnto James Cole, Seni% against Henery Saunders, for none payment 
of a debt due to the said Cole from the said Saunders. 

Att this Court, James Shaw complained against an Indian, called Wawan- 
quin, for killing a cow of his in a trapp ; and forasmuch as it appeered to the 
Court that the said Shaw had taken and disposed of the said cow, vizj, the 
flesh and hyde of her, and that the said Indian had none of it, the said Indian 
is awarded by the Court to pay vnto the said Shaw the sume of thirty shil- 
lings, in good and considerable pay, with all convenient speed. 

Concerning a controversye betwixt John Eushell, of Acushena, and an 
Indian, about a pretended cure wrought by him on the said Indian, whoe had 
bin sicke, the said Rushell afeirming that the Indian had giuen him his gun 
in satisfaction for the said cure, hee complaining that sundry Indians, to the 
number of flue, came into his house, and in an hostile manor tooke away the 

VOL. IV. 8 



58 PLYMOUTH COLONY RECORDS. 

1664. said gun, the Couit ordered, that for his charge and paynes with the said 
^ Indian as towards his cure, that hee, the said Indian, shall pay vnto the said 

3 May. _ 

Peence Eushell the sume of twenty shillings, and his gun to bee deposeted in the 
Gou". constables hands till the said 20^ is payed ; and that the said Indians, vizj, 
Woomham, Pagenatowin, Weesunka, Sucquatamake, and Chacapaquin, for 
theire said hostile and insolent carriage in takeing away the said gun, bee fined 
to the vse of the collonie fiue pounds, vizj, twenty shillinges a peece ; and 
wheras the said Eushell was found blame worthy, in takeing vp of an axe, 
and indeauoring to improue it against the said Indians in a turbulent and dan- 
gerous manor, the Court reproued him for his soe doeing, and admonished him 
to take heed of doeing noe more soe, as hee will answare it att his prUl. 
[*65.1 *Att this Court, Hannah Churchill, widdow, desu-ed that the one halfe 

of the land graunted to Wiliam Pontus, being in the diuision of lands att 
Namassakett and places adjacent, might bee confeirmed vnto her and her 
heires and assignes for euer : the Court, considering of her request, and serch- 
ing the records conseming' both the will of the said deceased Wiliam Pontus 
and the manor of the graunt of the said lands, haue, with the consent likewise 
of Phillip Delanoy, whoe was then g>sent, and with the consent of Mary, his 
wife, the other daughter of the said "Wiliam Pontus, settled the one halfe of 
the whole intii-e share of land lying and being att Namassakett or places adja- 
cent, with all and singulare the meddows and all other appurtenances thervnto 
belonging, vpon and vnto the said Hannah Churchill, widdow, to her and her 
heires and assignes for euer. 

Att this Court, M' Constant Southworth requested conserning a smale pcell 
of vpland ground lying neare vnto his meddow, being alreddy his by graunt and 
purchase, might bee settled and confeirmed vnto him ; and wheras there is some 
controversy between some of the naighbors about the bounds and ranges of 
theire lands lying neare vnto the said lands of the said Constant Southworth, 
the Court haue appointed Phillip Delanoy, Leiftenant Nash, and Wiliam 
Paybody to settle the bounds of the said pcell of vpland vnto the said Constant 
Southworth. 

iiers of adminnestration was graunted, att this Couit, vnto Syselia Fish, 
widdow, to adminnester on the estate of M'^ John Fish, deceased. 

March the 4, 1663. Wheras, att the Court of Assistants holden att 
Plymouth the first day of December, 1663, Wiliam Nicarson, being sum- 
moned, appeered to make answare for his eregulare purchaseing of land of 
the Indians, contrary to the order of Court bearing date anno 1643 ; and after 
much patience and forbearance of the Court, hee, the said Nicarson, retaine- 
ing, posessing, and improueing of the said land, contrary to the aforsaid order. 



COURT ORDERS. 59 

the Court saw cause to issue out -warraiifs, in his ma''"^ name, to the cheife 16 64. 
marshall, in reference thervnto, the tenure wherof followeth in the next "" "< 

3 May. 
" o ■ [Pbence, 

GOVEKNOE.] 

*The Coppy of a Warrant directed to the Cheife Marshall of the Jurisdiction [*66.] 
of New Plymouth, as foUoweth. 

To the Cheife Marshall of the Jurisdiction of New Plymouth, greel. 

Wheras, att a Generall Court holden att Plymouth, anno 1643, it was 
enacted by the Court that noe psons whatsoeuer should purchase or buy any 
land of the Indians within this goQment but such as the Court should author- 
ise thervnto, vpon the penaltie of forfeiting fiue pounds to the coUonie for 
euery acree of land soe eregularly bought or purchased ; and wheras it hath 
bin abundantly manifested that Wiliam Nicarson, somtimes of Yarmouth, 
within this jurisdiction, hath, contrary to the said order of Court, purchased 
or bought a very large tract of land of the Indians of Mannomoiett, to the 
prejudice of many the more ancient inhabitants and freemen of this jurisdic- 
tion, and that the Court hath vsed great indulgency towards the said Nicar- 
son by sundry tenders and much patience, if happily hee might apply him- 
selfe to them for his owne indempnitie either in whole or in pte, which hauelng 
bine by him, the said ^ , obstinately refused, and resolutely resolued to 
carry on his owne eregulare way in contempt of authoritie, to the great detri- 
ment of the whole, the Court finds themselues nessesitated att the last to put 
forth in a regulare way to giue some checke to his vnsufFerable insolencyes by 
leuying some pte of the penaltie att present, and soe to proceed further after- 
wards as they shall see just cause. These are, therfore, in his ma"'^^ name, to 
will and comaund you, on receipt heerof, to leuy the sume of two hundred 
pounds of the goods or chatties of the said Wiliam Nicarsons, or soe much 
therof as shalbee found within this goGment, as pte of the penaltie due for 
the breach of the aforsaid order, and see that they bee duely prised according 
to order of Court, and make returne heerof and of youer doeings heerin vnto 

the Treasurer. 

THOMAS PRENCE, GoQ. 

JOHN ALDIN, 

THOMAS WILLETT, 

JOSIAS WINSLOW, 

THOMAS SOUTHWOETH, 

THOMAS HINCKLEY. 

Dated att Plymouth the 4«' of March, 1663. 



60 



PLYMOUTH COLONY RECORDS. 



1664. 

■ Y 

8 June. 

Prence, 

GocK. 

[*67.] 



*Att the Generall Court of Election holden aft Plymouth the eight 

of June, 1664. 

Befoee Thomas Prence, GoQ, Thomas Southworth, 

John Aldin, Wiliam Bradford, and 

Josias Winslow, Thomas Hinckley, 

Assistants, &5. 



M 



R THOMAS PEENCE was chosen Gou', and sworne. 

Wiliam Collyare, 
John Aldin, 
Thomas "WiUett, 
Josias Winslow, 
Thomas Southworth, 
Wiliam Bradford, and 
Thomas Hinckley, 



■were chosen Assistants, and swome. 



Major Josias Winslow and Captaine Thomas Southworth were chosen 
comissioners for the following yeare, and M' Thomas Hinckley is the next in 
nomination. 

M' Constant Southworth was chosen Treasurer, and sworne. 



The names of the deputies that serued att this Court and the adjourn- 
ments therof are as followeth : — 



John Dunham, Seni% 
Robert Finney, 
Ephraim Morton,+ 
Nathaniell 'Warren,+ 
M' Constant Southworth, 
Leiftenant James Torrey, 
Isacke Bucke,H- 
Eichard Bourne, 
James SkifFe, 
"Will Harvey, 
JLeiftenant Wyatte,! 
Richard WilHames,+ 



Edward Sturgis, 
James Mathews, 
Nathaneell Bacon,+ 
John Chipman,+ 
Ensigne Eames,+ 
Anthony Snow,+ 
M' Stephen Paine,+ 
Leiftenant Hunt,+ 
Leiftenant Freeman, 
Josias Cooke, 
Wiliam Britt,+ 
John Willis. 



COURT ORDERS. 



61 



*The Grand Enquest. 



( "Wiliam Sabin, 
John HoUett, 
John Allin, 
Nicholas Biram, 
Henery Bourne, 
swome, ■{ John Hall, 
John Ottis, 
John Tracye, 
M' Josias Standish, 
Thomas Little, 
John Tompson, 



sworne, ■; 



'Wiliam Harlow, 
Samuell Dunham, 
Stephen Winge, 
Josepth Holly, 
Samuell "Wilhames, 
John Deane, 
John Burgis, 
John Caruer, 
Thomas Paine,+ 
Arther Hathewey. 



1664. 

— — Y— — 
8 June. 
Fbence, 

[*68.] 



The Constables of the seuerall Townes. 

Plym, Samuell Sturtivant. 

Duxfe, Josepth Andrews. 

risake Chettenden, 

^^ ^' \wiliam Curtis. 

Sand, Thomas Burgis, Seni'. 

Taunton, Francis Smith. 

Barns?, Josepth Laythorp. 

Yarmouth, Samuell Hall. 

r John Thomas, 

\ Francis Crocker. 

Ilehofe, Samuell Newman. 

Eastham, Daniel Cole. 

Bridgw, Samuell Packer. 

Dartmouth, James Shaw. 



MarshfeT, 



Surveyors for the Highwaies. 
'M"" Barnes, 



Plya, 



Jacob Cooke, 
Thomas Morton. 



*Att this Court, M'' Thomas WaUey, Seni"", M'^ Keith, Benajah Dunham, 
and Samuell Hunt were admitted to bee fi:eemen of this corporation, and 
swome. 

M' Thomas Crosbey and Thomas Sogers stand propounded. 



[*69.] 



62 PLYMOUTH COLONY RECOKDS. 

1664. Att this Court, the body of the j6:eemen of this corporation being assem- 

""""> -' bled, it was agreed and voated by them that an adresse shalbee made vnto 

■p ' his ma*'" for the further confeirmation of our pattent with as much conveniency 

Goti". as may bee ; and for the management and ordering of matters concerning it, 

both for the raiseing of moneyes and appointing of men to bee imployed 

therin, the countrey haue refered the same to the Court of Majestrates and 

Deputies. 

The body of the freemen of this corporation, being assembled in Court, 
haue ordered, and doe heerby declare theire resolution to maintaine theii-e just 
rightes, which for many yeares they haue bine posessed of, in all those lands 
from Cape Codd to Saconett Point, with Pochasett, Causumsett, and the lands 
about Eehoboth to Patuckett Eiuer, and as farr vp the said riuer tiU wee meet 
the Massachusetts line, which crosses the said riuer, and thence to Coahassett 
as the line runs. 

And that incase any pson or psons bee seated, or shall seate themselues, 
within any the said lands, or cause any cattle to bee brought within the said 
bounds, or otherwise acte to our treaspas without leaue from this goQment, 
and not withdraw after warning giuen them, that then some effectual course 
bee taken for the remouall of them. 

And for that end, it was likewise voated that letters should bee directed 
from this Generall Comt to the GoQ and Councell of Eoad Hand, for the 
asserting of our just rights as aforsaid, and that they would imploy theire 
interest ouer such to reclaime them as haue thrust in vpon vs neare to Pochas- 
sett or elswhere. 

It is ordered by the Court, that if comissioners shall come out of Eng- 
land, and incase, by the prouidence of God, they shall either ariue in this 
harbour or come by land, that some psons bee deputed to bee in a reddines to 
accomodate them in a ciuill manor behoofuU to theire condition ; and for that 
end that the Treasurer bee prouided with nessesaries for theire intertaiment ; 
and that incase there shalbee such occation, that a generall rate bee made to 
defray the charge therof. 
[*70.] *It "^as ordered by the Court, for the supply of our honored GoQ, that it 

bee graunted to giue out of the oyle, if it come in, the suine of twenty 
pounds, and likewise twenty pounds more out of that which appertaineth to 
the countrey, for Keiiebecke, and this to bee ordered for this ;psent yeare ; 
but if the oyle shall fayle, then to make the supply out of that which is to 
come to the countrey for Kenebecke. 

Forasmuch as the countrey is indebted to the Treasurer in money fifteen 
pounds, and likewise money to bee provided for the comissioners, wee judge 



COURT OKDERS. 

it nessesaiy that there bee a leuy of sixty pounds, the one halfe in money, the 
other halfe in wheat or pease, and the money to bee payed in the month of 
July next ensueing, for the defraying of the aformensioned charge and other 
charges that appeers to vs that will ensue, and the other halfe to bee payed in 
wheat or pease in the month of October next. 

The Proportions of the seuei-all Townes as they are rated to the 

said Sume. 




8 June. 

Pkenoe, 

Gou". 



Plymouth, 

Duxburrow, 

Scittuate, 

Sandwich, 

Taunton, 

Yarmouth, 

Barnstable, 

Marshfeild, 

Eehoboth, 

Eastham, 

Bridwater, 

Dartmouth, 

Sowamsett, 



05: 11:00 

03 : 00 : 00 
09 : 01 : 06 
05 : 01 : 00 
05 : 01 : 00 
05 : 01 : 00 
05 : 11 : 00 
05 : 01 : 00 
07 : 11 : 06 

04 : 01 : 00 
02 : 10 : 00 

01 : 00 : 00 

02 : 05 : 00 



The Acount of the Charges expended att the Euning of the Line betwixt the This 



Jurisdiction of the Massachusetts and ours. 

07 : 06 : 06 



was al- 
lowed by the 
Court. 



Item, money expended by the Treasurer, . 
Item, for ourselues and horses 9 dales, att 5 

shilli p day, 

Item, for a horse and a man of Major Wins- 

lowes, 6 dayes, 

Item, for Wiliam Barstow 9 dayes, att thre 

shili p day, 



06 : 15 : 00 



01 : 00 : 00 



01 : 07 : 00 



16 : 12 : 06 

Besides a horse and a man that went on our account, and was forgotten 
to bee reconed by them ; and the halfe of the charge of a surveyor, both 
now and formerly, att 20 shillings p day. ' 

*The Court haue ordered the suine of six pounds vnto Captaine South- 
worth and Captaine Bradford, vizj, to each of them three pound, for and 



[*71.] 



64 



PLYMOUTH COLONY EECOEDS. 



1664. 

^- Y — -^ 

8 June. 

Pkencb, 

Gou=. 



It was alsoe 
voted by the 
Court of Ma- 
jestrates and 
Deputies, that 
the said Nicar- 
son shalbee 
■wholly dispo- 
sessed of .the 
said lands be- 
fore it bee sold 
or otherwise 
desposed of. 



[•72.] 



towards theire time & paines in theire late journey to Conecticott on the coun- 
treyes busines. 

The Court haue allowed vnto Nathanlell Bacon and Robert Finney, for 
being imployed in the countreyes busines in viewing land, each of them twenty 
shillings. 

Concerning a controuersy betwixt sundry Indians, vizj, Mattaquason, 
sachem of Mannomoiett, and John Quason, his son, on the one pte, and 
Wiliam Nicarson, on the other pte, about bounds of lands bought by the said 
Nicarson of the said Indians, the Court, haueing heard what can bee said on 
both pties, haue ordered that some psons bee deputed by the Court to giue 
meeting to the said Nicarson, to take knowlidge of the bounds of the said 
lands, and make report therof to the Court. 

Wheras Wiliam Nicarson, of Yarmouth, hath for some time since ille- 
gally purchased a certaine tract of land att Mannomoiett, contrary to the order 
of Court, and that, notwithstanding great patience and forbearance of the 
Court, hee still psisteth on in his way of posession and improueing of the 
said land ; and haueing nothing to bee found to answare the penaltie of the 
law, the Generall Court of freemen, being assembled, haue voated that the 
said land shalbee put to sale, and improued to the vse of the coUonie, onely 
that the said Nicarson shall haue a portion therof allowed vnto him, accord- 
ingly as the Court or the psons deputed in the behalfe of the countrey to make 
sale therof shall thinke meet ; which said psons are M"^ Hinckley, M' Bacon, 
Leiftenant Freeman, and Wiliam Bassett, they or any three of them ; and the 
GoQ is appointed by the countrey to affix the common seale of the goQment 
vnto such deeds as shall ^ made to any for the sale therof. 

Cornett Studson and Nathaniel Warren are appointed by the Court to 
lay out a certaine tract or pcell of land graunted to M"^ Browne, lying neare 
Patuckett Riuer, northward of M' Blackstones. 

M'' Hinckley, in the behalfe of John Coggen, sollicited the Court to haue 
Hbertie to make sale of the land of Henery Coggen, his father, deceased : the 
Court, haueing certaine intehgence that hee, the said John Coggen, is heire 
apparent vnto the said Henery Coggen, and that hee is of age, haue giuen 
leaue to him, the said John Coggen, to make sale of the lands as hee shall 
see cause. 

It is ordered by the Court, that the generall training shalbee the first 
Wensday in July next, and to bee att Yarmouth this yeare. 

*Leiftenant Josepth Rogers is reestabhshed in to the ofEce of a leiftenant 
of the milletary companie of Eastham. 



COUET OEDEES. 65 

Serjeant Ephi-aim Morton is appointed and approued of by the Court to 1664. 
bee leiftenant of the milletary companie of Plymouth. ''^ '' " 

M' Josepth Bradford is appointed and approued of by the Coui-t to bee ^^^^^^ 
ensigne bearer of the milletary companie of Plynlouth. Gou". 

Henery Smith is appointed and approued of by the Court to bee ensigne 
beai-er of the milletary companie of Eehoboth. 

John Marchant is appointed and approued of by the Coui-t to bee ensigne 
bearer of the milletary companie of Yarmouth. 

It is ordered by the Court, that the generall training shalbee this yeare 
the first Wensday in July next. 

Att tills Court, all that tracte of land coinonly called and knowne by Dartmouth 
the name of Acushena, Ponagansett and Coaksett is allowed by the Court to 
bee a townshipe ; and the inhabitants therof haue libertie to make such orders 
as may conduce to theire coinon good in towne consernments ; and that the 
said to-wne bee hencforth called and knowne by the name of Dartmouth. 

Josias Cooke is deputed and appointed by the Court to make contracts This is other- 

___. wisG ordprcd. bv 

of marriage in the township of Eastham, and likewise to adminnester an oath jj^g co-ait. 
to glue euidence to the grand enquest as occation may require, and likewise 
to adminnester an oath to witnesses for the tryall of a case as occation may 
require, as alsoe, incase any stranger shall haue occation to comence a suite 
against any pson, it shalbee lawful! for the said Josias Cooke to issue out 
warrants in his ma*'^' name to bind ouer the said pson to answare the suite att 
the Court att Plymouth by attachment or summons as occation may require. 

+Leiftenant James Torrey is authorised by the Court to make contracts JAnd other- 
of marriage in the towne of Scittuate as occation may requhe, and likewise ,vittnesses to 
to adminnester an oath to witnesses for the tryall of a case as occation may P"^ euidence 

in any case to 

require, and likewise to adminnester an oath to giue evidence to the grand appeer att the 
enquest as occation may require ; and alsoe, in case any stranger shall haue ■piym".* 
occation to comence a suite against any pson, it shalbee lawfuU for the said This is other- 

wise ordered. 

Leiftenant Torrey to issue out warrants in his ma'"^ name to bind ouer the 
said psons to answare the suit att the Court att „ by attachment or sum- 
mons as occation may require.^ 

*M'' Stephen Paine is authorised by the Court to make contracts of mar- [*'73.] 
riasre in the towne of Eehoboth as occation may require, and likewise to Thisisother- 

o J X ^ vnse ordered hy 

adminnester an oath to giue euidence to the grand enquest as occation may the Court. 
require, and likewise to adminnester an oath to any witnes for the tryall of a 
case as occation may require ; and incase any stranger or forraigner shall haue 
occation to coinence a suite against any pson, it shalbee lawfuU for the said 
Stephen Paine to bind ouer the said pson to answare the said suite by issue- 

VOL. IV. 9 



66 PLYMOUTH COLONY RECOEDS. 

1 6 6 4^ ing forth warrants in his ma*'*^' name to cause them to appear att the Court att 

'' "^ Plymouth to answare the said complainant. 
p In reference to the complaint of sundry of the inhabitants of the towne 

Gon". of Taunton against James Walker and others, for the restraining of the ale- 
wiues from goeing vp according to theu'e vsuall manor by reason of a sawmill 
in thire herring riuer, by which obstruction of the said fish the said towne hath 
and is in danger to suffer much damage, this Court hath ordered, that betwixt 
this date and the next season of the fishes goeing vp, they, the said owners 
of the mill, shall make or cause to ^ made a free, full, and sufficient passage 
for the goeing vp of the said fish, or otherwise, vpon the further complaint of 
the towne, the Court ynW take an effectuall course that the same shalbee done. 

Wiliam Paybody, for makeing a writing for the seperating of Wiliam 
Tubbs from Marcye, his wife, in reference vnto theire marriage bond, is fined 
by the Court the sume of fiue pounds ; and Leiftenant Nash and John 
Sprague, for subscribing as witnesses to the said writing, are fined each three 
pounds. 

Att this Court, a protest was openly published, att the request of Wiliam 
Tubbs, against Mercye, his wife, as disowneing all debts that shee shall make 
vnto any from this time forward, as not intended to pay any of them to any 
pson whatsoeuer. 

Att this Court, Wiliam Witherell, M'^ Gyles Gilbert, Josepth Gray, and 
Samuell Linkhorne, were sentanced by the Court to pay each a fine of twenty 
shillinges for an abuse done to a saw mill att Taunton belonging to James 
Walker and others, by coming in the night and breaking downe some pte of 
the said mill, and for takeing away seuerall thinges from the same. 

In reference vnto the complaint of an Indian called Josepth, liueing neare 
Taunton, that M"" Gyles Gilbert had killed one of his hoggs, the Court, haue- 
ing heard the complaint and defence, haue some ground to suspect that the 
said hogg was killed by the said Gyles Gilbert, haue therfore ordered, that 
incase the said Gilbert shall and doe pay vnto the said Indian twenty shillings 
att his demaund, that then the said case shalbee soe issued ; but if otherwise, 
vpon the farther complaint of the said Indian of neglect heerof, the said Gil- 
bert is responsable to answare his complaint att Plymouth, and for that end 
that Thomas Jacus, the servant of the said Gilbert, bee warned to appeer the 
next Court to giue testimony in the x x 
These fines are JThomas Lucas, for swearing, sentanced to sit in the stockes during the 

both remited. p^gasure of the Court, according to order, which accordingly was pformed.J 

Dorcas Presberry, for comitting fornication, fined fiue pounds. Gorge 
Barlow stands engaged in her behalfe to see it payed. 



COUKT ORDERS. 67 

*Tlie psons nominated to take vp the Excise in the seuerall Townshipes of 1664. 
this GoQment, whoe are likewise to take notice of what Liquors, &<3, are ^' 

8 June. 

brought into the GoQment. See the Orders in the Booke of Lawes. Pkence 

j J ohn Morton, r*74. 1 

[Wiliam Harlow. 

Duxbur, Benjamine Bartlett. 

[Edward Jenkens, 

Scittua, -^ 

(^John JJaman. 

f James SkifFe, 

[Thomas Tobey. 

f James Walker, 

Taunton, < .„., 

[xrancis omitn. 

(My Hawes, 

[Richard Tayler. 

rHenery Cobb, 

Barnstable, i t>.t i ■ n -r. 

[Nathaniell Bacon. 

Marshfeild, John Bourne. 

riieiftenant Hunt, 

Efihoboth, { -n- ^ 1 -r. Ti 1 

[Kichard BuUocke. 

r John Done, Juni"", 

^^''^'^' jwiliam Walker. 

Bridwater, John Willis. 

Libertie is graunted vnto Robert Finney to looke out a pcell of land for 
accomodation about Sepecan or elsewhere, and to make report of it to the 
Court, that soe a competency may bee graunted vnto him. 

The Court giues libertie to Josias Cooke, Leiftenant Josepth Rogers, 
Gyles Hopkins, Henery Sampson, and Experience Michell to looke out a pcell 
of land lying betwixt Bridgwater and the Bay line for theire accoinodation. 

The Court haue graunted vnto John Cooke fifteen acrees of meddow lying 
somwhere neare the bounds of Dartmouth ; and hee hath libertie to purchase 
it of the Indians, soe as it be not meddow alreddy graunted to any other. 

Anthony Snow, Ensigne Marke Eames, Josepth Warren, Richard Wright, 
Wiliam Harlow, Nathaniell Morton, Ephraim Morton, Wiliam Paybody, John 
Dunham, Juni"", John Rogers haue libertie to looke out land for accomoda- 
tions, and to make report therof to the Court, that soe a competency may bee 
allowed to them. [*75.] 

*Att this Court, sundry of the towne of Hingham appeered, and desired ^"^ records of 

' •' _ ° f -^ _ sale of lands, 

to buy a pcell or tract of land of the countrey lying betwixt the Bay line and 1664. 



68 PLYMOUTH COLONY RECOKDS. 

1664. Accord Pond and the land graunted to M'^ Hatherley ; and the Comt declared 
^ themselues willing to sell it, and pitched a prise, and refered the agreement to 

b June. 

Peence ^^^ Treasurer in the countreyes behalfe. 
^°^^- In reference vnto the request of Phineas Pratte and the Elder Bates, in 

laved out after- ^he hchalfe of the children of Clement Briggs, that wheras they, the said 
ivards, by order pj^ngas Pratt and Clement Briffsrs, haue not had theire proportions of land 

of the Court, Ob > . r ±- 

by John Whit- -vvith Others of this jurisdiction formerly called purchassers or old comers, that 
John Jacob ^^^J might haue some consideration of land in that respect in a pcell or tract 
andisattthc q£ j^j^^j lying nearc vnto the line betwixt the Massachusetts iurisdiction and 

path that leads J o J 

from Way- ys, neare vnto "Waymouth, the Court doth graunt vnto the said Phineas Pratt 
Bridi'water, as ^^^ '^ii*'0 two of the said Clement Briggs his sonnes, vizj, Dauid Briggs and 
It IS said, a lit- Remember Briggs, three hundred and fifty acrees of the said lands, with all 

tie brooke run- °° ' •' ' 

ing through and singulare the appmtenances thervnto belonging, vnto them and theire 
heires and assignes for euer, vizJ, vnto the said Phineas Pratt two ptes of three 
of the said three hundred and fifty acrees, and the remainder therof vnto the 
two sonnes of the said Clement Briggs afornamed ; and this to bee layed forth 
for them by John Jacob, of Hingham, and John Whitmarsh, of Waymouth ; 
and incase any Indian or Indians shall heerafter lay claime vnto the said 
lands, that the said Phineas Prat and the Elder Bates stand bound to the Court 
to answare the charge of the purchase therof and all other nessesary charges 
about the said land. 

U June. An Order sent downe to Sandwich, as foUoweth. 

To M' Freeman, Richard Bourne, M' Dexter, James Skiffe, and "Wiliam 

Bassett, greet, &d. 
Wheras Nanquatnumacke hath complained of wrong done to him in his 
corne by horses of Sandwich, these are to request you to take some serious 
and effectuall course that the poor man may haue his corne preserued from the 
horses, either by keeping of them away or some other course, this sommer, or 
otherwise wee shalbee in some straight what to doe in the case. 
This is the Courts desire and order. 

P me, NATHANIELL MORTON", Clark. 

Plymouth, June 11% 1664. 

[*76.] *Witnesseth these ^sents, that I, Wiliam Barstow, Seni', of Scittuate, 

27 July. haue bargained, couenanted, and agreed, and doe by these f>sents fully and 
absolutely bargaine, couenant, and agree, with M'^ Constant Southworth and 
Major Josias Winslow in the behalfe of this coUoney of IST^w Pymouth, con- 
cerning the repaireing and maintaining of a certaine bridge, comonly called 



COURT ORDERS. 

Barstowes Bridge, standing vpon the North Riuer, as foUoweth, vizj : that in 
consideration of t\renty pounds sterling of them in hand receiued, I shall 
forthwith repaire the aforsaid bridge, and shall from the day of the date 
heerof, during the full and compleate tearme of twenty whole yeares, main- 
taine and keep or cause to bee maintained in good and sufficient repaire, to 
serue the countrey for transportation of passengers, horses, chattle, and all 
such vse as they shall ordinarily put it to ; for the true pformance wherof, I, 
the said Barstow, doe bind and make ouer the house and land on which I 
now dwell, a smale tract alreddy disposed vnto my son, Moses Simons, ex- 
cepted, vnto the said Major Winslow and Constant Southworth abouesaid, in 
the behalfe of the said coUonie of New Plymouth, as secuiitie for my true 
and faithfull pformance of the abouemencioned agreement. In witnes wherof 
I haue heervnto sett my hand and scale this 27"^ day of July, 1663. 



69 



WILLAM BAESTOW, and a seale. 



In the presence of 
Sarah Standish, 
Penelope Winslow. 



[ Seale. ] 



This Court, begun the 8"^ of June, 1664, is adjourned vntill the last 
Tusday in September next, vnlesse the majestrates shall see cause to summon 
a Court sooner. 

Concerning two psentments, the one against Samuell Sabin, of Rehoboth, 
and Mary Billington, and the other against Mary Marriho, of Yarmoth, the 
-former, vi^^, that of Eehoboth, is refered to Captaine Willett to heare and 
determine ; the latter, vizj, of Yarmouth, is refered to M'' Hinckley to heare 
and determine. 



1664. 

27 July. 
Prence, 

GOTI". 



*Jltt the Court of Assistants held att Plymouth the 2'°'"' of August, ^ ^^^^^_ 

1664. [*77.] 

Before Thomas Prence, GoQ, Thomas Southworth, 

John Aldin, Wiliam Bradford, and 

Josias Winslow, Thomas Hinckley, 

Assistants, &<5. 

IN reference vnto a gun attached by James Cole, Seni"^, belonging to Josepth 
BiUington, the Court haue ordered, that the said gun shalbee returned. 



70 PLYMOUTH COLONY EECOKDS. 



2 August. 
Pbence, 



166 4. forasmuch as It doth appeer that all that the said Billington had was bound 
ouer vnto John Barnes before the said attachment was layed on the said gun. 

Att this Court, an acquittance was shewen in the Court, wherby it ap- 
GoD«. peered that the portion belonging to Sarah Andrews, the daughter of M' Henery 
Andrews, of Taunton, deceased, is fully payed and satisfyed; which said 
acquittance was signed with Jared Talbut, and witnessed by Gorg Macye and 
Willam Harvey, whose names were subscribed therynto with theire owne hands. 

Att this Court, M' Thomas Dexter, Seni"", complained of sundry injuryes 
against the towne of Sandwich about rights and titles to meddowes, &d, con- 
cerning which controversye, by mutuall consent of both pties, it was desired 
that the Goil, M'' Aldin, M'^ Hinckley, and the Treasurer would repaire in 
convenient time to Sandwich, to haue the hearing and determination of the 
said controuersyes ; and accordingly the Court haue ordered, that the time for 
the hearing and determination therof, as aforsaid, shalbee sointime in October 
next, by the pties and att the place aboue named ; and that for this ;psent 
summer, M"^ Dexter, Juni"^, and others of Sandwich as haue formerly improued 
the said meddowes, shall still improue them. 

And wheras there is a controversye betwixt the towne of Barnstable and 
the Indians about bounds of lands, the GoQ with the other aboue named are 
appointed by the Court to haue a hearing and determination therof before 
theire returne. 

This Court hath ordered, in reference vnto the purchase of some med- 
dowes, belonging to sundry of the towne of Plymouth, called the South 
Meddowes, &6, lately purchased by the GoQ, the major, and "Wiliam Bassett, 
that notice shalbee giuen to all such as posesse the said meddowes that they 
may meet together and appoint some, in the behalfe of the rest, to treat and 
compound with those that haue bought it of the Indians, as aforsaid ; which 
if they shall neglect to doe, that it bee refered, for the determination of the 
same, to the next session of the Court, to bee holden att Plymouth the last 
Tusday in September next. 

This Court, receiueing sufficient intelhgence by late testimony produced 
in Court that Nehemiah Bessey, of Sandwich, is of full age to enter vpon the 
posession and enjoyment of such lands as his father left him, haue ordered 
and doe heerby giue libertie vnto the said Nehemiah Bessey forthwith to enter 
vpon the full enjoyment and posession of his fathers inheritance, according to 
the bequeast of his deceased father, Anthony Bessey, as appeers by his last will 
and testament. 
[*78.] *July the lift. Anno Dom 1664. 

The names of the jury summoned by the constable of Taunton vpon the 



5 July. 

PRENCE, 



COURT ORDERS. 71 

occation of the death of Leiftenant James Wyatt, on the day aboue written, 1664. 
Walter Deane, Jonas Austine, Hezekiah Hoare, John Cobb, Wiliam Har- 
vey, Peter Pitts, Aron Knap, Richard Stacye, James Leanard, Christopher 
Thresher, Samuell Williams, and John Deane, being suinoned, found, that on Go^"- 
the fift of July abouemencioned, Leiftenant James Wyatt road to a meddow 
of his to cutt grasse, a seruant of his, an Indian boy, following him, and 
when hee came to the meddow hee found his master dead, as it is testifyed by 
him, who, returneing to the towne, reported that his master was dead. John 
Hall, Thomas Deane, and James Bell rode to the meddow, and there found 
that hee had cutt some grasse, and was gone out of the meddow, and there 
was fallen downe dead ; and vpon search, the said jury finds not any cause 
of any violent death, butt the ymediatt hand of the Lord; and this is the 
agreement of vs all whoe haue heer subscribed. 

WALTEE DEANE, 
The marke A of JONAS AUSTINE, 

HEZEKIAH HOAKE, 

JOHN COBB, 

yiLLAM HARVEY, 

PETER PITTS, 
The mark Q of ARON KNAPP, 
The mark (€) of RICHARD STACYE, 
The I marke of JAIMES LEANARD, 
The '^ marke of CHRISTOPHER THRESHER, 
" SAMUELL WILLAMS, 

JOHN DEANE. 



*Mt the 2'°'^ Session of the Generall Court begun in June last, now 27 September. 
held the 27"' of September. [*'^9-] 

THE majestrates and deputies being assembled, it was ordered and enacted 
as followeth : — 
VizJ : that the sume of one hundred pounds should bee leuied by rate 
on the seuerall townes of this jurisdiction, according to theii-e proportions, for 
the entertainment of his ma*''=' coinissioners, the one halfe therof to bee payed 
in money vnto the Treasurer att or before the one and twentieth day of No- 
uember next, and the other halfe to bee payed in weat, pease, barly, or Indian 
\ 



72 PLYMOUTH COLONY RECORDS. 

1664. corn, soe as the baiiy exceed not in proportion one third pte of the said halfe, 
' ' the wheat to bee payed att foure shillings and sixpence the bushell, the barly 
p att four shillings, the pease att three shilhngs and sixpence, and the Indian 

Gov\ att three shillings the bushell ; the said graine to bee deliuered to the Treas- 
urer att his house att Duxburrow, or to his order, by the sixteenth day of 
March next, good and marchantable, and the charge of transportation defrayed. 
The proportions of the seuerall townes to the said rate are as fol- 
loweth : — 

Plymouth, to one hundred pound, is 09 : 05 : 00 

Duxburrow (Bridgwater being encluded) is . . . . 08 : 08 : 03 

Scittuate, 15 : 02 : 06 

Sandwich, 08 : 08 : OG 

Taunton, 08 : 08 : 06 

Yarmouth, 08 : 08 : 06 

Barnstable, 09 : 05 : 00 

Marshfeild, 08 : 08 : 06 

Eehoboth, 12 : 12 : 06 

Eastham, ^ 06 : 15 : 00 

95 : 02 : 09 

Sowanis, 03 : 15 : 00 

Dartmouth, 02 : 10 : 00 



Suina totalis, 101 : 07 : 03 

The Court haue ordered and agreed, that incase his ma'"^' coinissioners 
shall see cause to send for any of the majestrates of our jurisdiction to haue 
speech with them, that the major and Captaine Southworth, being deputed by 
the Court, shall bee in a reddines to goe, if such occation shall require. 

The sunie of six pounds is allowed by the Court vnto Major Wiaslow 
and Captaine Southworth, vizj, to each of them three pounds, for and towards 
theire expence of time and other troubles and inconveniencyes by them sus- 
tained in theire late journey to Conecticott as comissioners of our jurisdiction. 

It was ordered by the Court, that the towne of Eehoboth and the naigh- 
borhood of Sowamsett, in all leuies for publicke rates, shalbee considered as 
one intire township vntill such time that the said naighborhood shalbee in a 
capassitie and desire to bee a township of themselues. 
[*80.] *The towne of Scittuate is allowed by the Court to make sale of a cer- 

taine pcell of land belonging to Gorge More. 



27 September. 
Pkence, 



COURT ORDERS. 73 

Ten acrees of meddow is graunted vnto M' Allexander Standish, lying 16 64. 
att Satuckett Eiuer, if it bee there to bee had. 

This Court did allow and approue of Thomas Haward, Juni"", to bee leif- 
tenant of the millitary companie of Bridgwater. G"""- 

And of John Haward, Seni', to bee ensigne of the said companie. 

In reference vnto the request of diuers desLreing land att Namassakett in 
the last purchase, the Court haue refered the graunting of the said lands vnto 
the next sessions of this Court ; and that then there shalbee a finall issue put 
thervnto, and in the interem a due observation bee taken by such as it con- 
sernes of such psons vnto whom most fitly it ought to bee distributed. 

Memorand: that att the next sessions of this Court suine way and 
course bee thought on for proportioning of suine charge on lands lying 
dormand. 

The majestrates and deputies doe thinke meet, and accordingly this Court 
is adjourned vntill the 2'=™* Tusday in May next, vnlesse by some nessesary 
occation falling out in the interem, the GoQ and Assistants shall thinke meet 
to summon the next meeting of this Court sooner. 

*Septem 27% 1664. [*81.] 

M'' Stephen Paine is authorised by the Coui-t to make contracts of mar- [This para- 
riage ia the towne of Rehoboth, and likewise to adminnester an oath to giue ^^^^^ ^nd can- 
euidence to the grand enquest, and likewise to adminnester "an oath to any <^«U«'i ""^ t'"' 

" -^ "" preceding 

witnesses for the tryall of a case as occation may require ; and incase any pson page.] 
resideing in this goQment shall haue occation to coinence a suite against any 
stranger or forraigner, it shalbee lawfuU for the said Stephen Paine to issue 
out warrants in his ma''^' name to bind ouer any such pson or psons to answare 
the said suite att the Court of his ma*'" to bee holden att Plymouth att any 
time by attachment or summons as occation shall require, and hkewise to 
graunt subpenaes as occations shall require. 

Septem 27*^^ 1664. 

Leiftenant James Torrey is authorised by the Court to make contractes 
of marriage in the towne of Scittuate, and likewise to adminnester an oath to 
giue euidence to the grand enquest, and likewise to adminnester an oath to 
any witnesses for the tryall of a case as occation may require ; and incase any 
pson resideing within this jurisdiction shall haue occation to coinence a suite 
against any stranger or forraigner, it shalbee lawfuU for the said Leiftenant 
Torrey to issue out warrants in his ma"*^ name to bind ouer any pson or psons 
to answare the said suite att the Court of his ma"* to bee holden att Plymouth 

VOL. i\'. 10 



74 



PLYMOUTH COLONY KECORDS. 



1664. att any time by attachment or summons as occation shall requii-e, and likewise 
to graunt subpenaes as occation may require. 



27 September. 

Prence, 

Gob". 



Septein 27^ 1664. 

Josias Cooke, of Eastham, is authorised by the Court to make con- 
tracts of marriage in the towne of Eastham, and likewise to adminnester an 
oath to giue euidence to the grand enquest, and Kkewise to adminnester an 
oath to any witnesses for the tryall of a case as occation may require ; and 
incase any pson or psons resideing in this jurisdiction shall haue occati,on to 
comence a suite against any stranger or forraigner, it shalbee lawfuU for the 
said Josias Cooke to issue out warrants in his ma"**^ name to bind ouer any 
pson or psons to answare the said suite att the Com-t of his ma"* to bee holden 
att Plymouth att any time by attachment or summons as occation may requke, 
and likewise to graunt subpenaes as occation may require. 



4 October. *J,tt the Gencrall Court held att Plymouth the ^'^ of October, 
\.*m 1664. 

Before Thomas Prence, GoQ, Thomas Southworth, 

John Aldin, Wiliam Bradford, and 

Josias Winslow, Thomas Hinckley, 

Assistants, &6. 

JAMES LOUELL, of Waymouth, produceing a deed of sale from the 
heires of M'' Nathaniel Souther for a sertaine tract of land long since 
graunted by this coUonie to M'' Souther abouesaid, and alsoe propounding a 
place where hee desired to take it vp, vizj, neare the place where Phenias 
Prat and the sonnes of Clement Briggs were accoiiiiodated, between theire land 
and the line of the pattent, this Court, takeing notice of the former graunt, 
doe accordingly allow vnto the said James Louell two hundred acrees of land 
in the place abouemencioned, and haue appointed Leiftenant Torrey and Cor- 
nett Studson, if hee may bee obtained, to view it and lay it out vnto him, hee 
payiag them for thehe paines ; and incase Cornett Studson cannot, then "Wiliam 
Barstow is desired to doe it ; and that they reporting to the Court on theu-e 
returne what meddow theire may bee, or swamp land that may goe in consid- 
eration of meddow, the Court will graunt him what is meet in that respect, 
hee paying the Indian purchase, if any shalbee justly demaunded. 




COURT ORDERS. 75 

This Court haue likewise graunted vnto John Hanmore and Walter 166 4. 
"Wood-ward, of Scittuate, (who haue a right as servants,) vnto each of them 
is graunted sixty acrees of land neare about the place abouemencioned, pro- 
uided it intrench not vpon former graunts, and alsoe that they pay the Indian 
purchase for it if any bee justly demaunded ; and haue impowered the same 
psons that lay out James Louells to lay out theires alsoe, they satisfying them 
for theire paines. 

By a suite comenced by Edward Jenkens, of Scittuate, against John 
Williams, Juni', conserning the impropriateing of lands that are comon to the 
propriators of Conihassett, and alsoe of an ancient highway that goeth to the 
harbour, by fenceing the same, both which seemed to bee well cleared to vs 
to bee injuriouse, this Court haue therfore appointed and desired M'' Timothy 
Hatherley, Captaine James Cudworth, Leiftenant Torrey, Cornett Studson, 
and John Turner, Juni"', to take a view of the fence sett vp by the said Wil- 
liams ; and except hee shall otherwise satisfy, doe impower the aboue named 
M' Hatherly, &d, to throw vp the aboaemencioned fence, that the highway 
and comon lands bee not vnjustly impropriated. 

*M' Josepth Tilden haueing complained to this Court that Edward Burn- [*83.] 
pas, Juni"^, is indebted vnto him in the suine of eight pounds and odd mony, 
as will appeer by bill vnder his hand, and a considerable pte of the debt lyeth 
vnder attachment in Goodman Holmes his hand, this Court doth desire that 
Anthony Snow, Leiftenant White, Josepth Bedle, and Thomas Doged, whoe 
haue bine by the towne of Marshfeild impowered to acte for the said Bumpas, 
or some of them, with the said Edward, to treat and issue with M' Tilden in 
reference to his debt, that soe any further suites may bee preuented ; and the 
men aboue named, or such of them as shall acte in it, haue power to see such 
goods as are yett vnder attachment released for payment of the debt, and it 
shalbee the constables discharge. 

Att this Court, Josias Wormall appeered in Court, and engaged vnto the 
Court for the sixt pte of the estate of Josepth Wormall, deceased, which is 
the portion of Hester Wormall ; and when this engagement was taken, M'' 
Hatherley was cleared of his bonds for the adminnestration graunted vnto 
Mirriam Wormall, of which see orders of Court, June, 1662. 

Wheras John Wheston, late deceased, dyed intestate, and soe the lands 
of the said Wheston falls by right of law vnto Josepth Wheston, the heire 
apparent vnto the said John Wheston ; and that it doth likewise appeer to the 
Court that the estate of the said John Wheston is but little, the lands except- 
ed, and that there are diners smale children to bee brought vp out of the said 
estate, therfore, vpon the free will and condecendensy of the said Josepth 



76 PLYMOUTH COLONY KECORDS. 

10 64. Wheston, hee is content and hath by these ^sents taken the house and land 
^^ '^ that his father Hued on and died in, in the towne of Scittuate, for his full and 

i October. 

p'liENCE iutire portion of his fathers estate both of lands and goods, freely allowing 
Go""- that the profitt and benifitt of the said house and land shall redound vnto his 
mother, Susanna Wheston, for the full tearme of six yeares from the date 
heerof, for and towards the bringing vp of the other children of the said John 
"Wheston, they keeping the said house and land in repaire. Morouer, con- 
serning the said John Wheston his pte or share of Conihassett land, bee it 
more or lesse, both vpland and meddow, hee, the said Josepth Wheston, hath 
freely resigned, made ouer, and allianated the same from him and his heires 
vnto the rest of his brothers and sisters, the children of the said John Whes- 
ton, to bee by them or in theire behalfe improued or sold as occation shall 
require ; onely that incase the said lands or any of them shall att any time 
bee sold, that the said Josepth Wheston shall haue the first proffer for the 
buying of them. 
[*84.] *Att this Coui-t, Captaine James Cudworth, Leiftenant Torrey, Ensigne 

Eames, Isacke Chettenden, and John Bryant are appointed and deputed by 
the Court as a comittee to settle a controuersy conserning a pcell or tract of 
land lying on the east side of the North Riuer, between the lands of Daniell 
Hicke and Robert Sprout, the said psons to meet about the said expedition on 
the first Munday in the next month next after the date heerof; and incase 
they can not settle the said controuersy to the satisfaction of the propriators, 
that then they make report of theire proceeding therin Ynto the Com-t, and 
that Walter Hatch and John Siluester are to take course for the satisfaction 
of the said psons for theii-e paines about the same. 

Att this Court, Christopher Winter, being summoned, appeered to make 
answare, being suspected to haue killed a horse of Josepth Bodies ; the Court, 
not resting satisfyed in his ]p>sent defence, saw cause to bind him ouer to fur- 
ther appeerance att the Court as foUoweth : — 

Christopher Winter acknowlidgeth to owe vnto our ] " 

soQ lord the King the sume of 1 20: 00: 00 

These are come The condition, that if the said Christopher Winter doe appeer att the 

menlTnTsoe ^°™'^ °^ ^^ ^^''^ *° ^^6 holden for this goQment att Plymouth the first Tus- 
deciared to the day in March next, to make further answare conserning the killing of a horse 

Court in March n ^ o o 

7.h,i664. of Josepth Bodies, and not depart the said Court without lycence ; that 

then, &d. 

Att this Court, Gyles Eicard, Seni-^, for swearing by the wounds of God, 
was sentanced to bee comitted to prison, and there to bee in durance the space 
of twenty foure houres. 



COURT ORDERS. 



77 



Kuhamah Turner, for comitting fornication, fined 05 : 00 : 00. 16 6 4. 

Willam Maze, of Taunton, for sweareing, sentanced to sit in the stockes " "i ' 

dui-eing the pleasure of the Court, wliich was accordingly executed. Pnmcr 

James Bell, of Taunton, for strikeing John Eedey, fined 00 : 03 : 04. God». ' 

Seuerall of the 
naighbours of 

*The rates of the countrey, vizj, for the officers wages, for the charge of S'"'*™'=1' «"- 

. " ° gaged to pay 

the majestrates table, and for the charge of the comissioners men and horses, this fine in the 

— the pticulares of each townes proportion therin is as foUoweth : — hamah Tur- 

ner. 
Plymouth, 08 : 06 : 06 [*85.] 

Duxhurrow, 04 : 01 : 04 

Scittuate, 13 : 12 : 03 

Sandwich, 07 : 11 : 04 

Taunton, 07 : 11 : 04 

Yarmouth, 07 : 11 : 04 

Barnstable, 08 : 06 : 06 

ISIarshfeild, . . . " 07 : 11 : 04 

Eehoboth, 11 : 07 : 03 

Eastham, 06 : 01 : 06 

Bridgwater, 03 : 10 : 00 

Sowams, 03 : 07 : 06 

Dartmouth, 02 : 05 : 00 



91 : 03 : 02 

The 8"^ of ApriU, 1664. 

These few lines doe witnes, that I, John Coggen, doe from this day This was 
forward discharge and free my loueing frinds, James Cudworth, of Scittuate, P'^^''*<=* *° *^^ 
and Isacke Robinson, of Barnstable, from being my guardians, acknowhdging sistants held in 
myselfe to bee fully satisfyed ; whervnto I haue sett my hand. ary, I66i. 

JOHN COGGEN. 
Witnes, John Finney. 

*A Writing appointed to bee recorded. [*86.] 

These witnesseth, and this bill of our hand bindeth vs, Thomas Morton, 
of the towne of Plymouth, in the jurisdiction of Plymouth, in New England, 
in America, yeoman, and John Andrews, of the towne aforsaid, in the said 
jurisdiction, planter, wee, our heires, exequitors, adminnestrators, and assignes, 
joyntly and seuerally, to pay or cause to bee payed vnto Nathaniel Warren, 
of the towne aforsaid, in the jurisdiction aforsaid, yeoman, to him or 



Gou". 



78 PLYMOUTH COLONY KECORDS. 

1664. his helres, exec[ultors, adminnestrators, or assignes, the fall suine of twenty 
^ and fiue pounds, to bee payed in mannor and forme following, vizj : the one 

4 October. 

Pkenoe halfe in corne, English and Indian, and the other halfe therof in tarr j that is 
to say, the first payment of the said twenty fiue pounds, which is four pounds 
and eleuen shillinges, is to bee payed in tarr att or before the fifteenth day of 
June next ensueing the date heerof j and the second payment, which is foure 
pounds and eleuen shillings, is to bee payed in corne att or before the first 
day of December, 1665 ; and the third payment therof, which is foure pounds 
and eleuen shillinges, is to bee payed att or before the fifteenth day of June, 
1666, in tarr ; and the fourth payment, being foure pounds and eleuen shil- 
linges, is to bee payed in corn att or before the fifteenth day of June, 1667 ; 
and the last payment, which is forty and fiue shillinges, is to bee payed att 
or before the first day of December, 1667, which sume of forty and fiue shil- 
linges, being the last payment of the abouesaid twenty and fiue pounds, is to 
bee payed in corne : all which seuerall payments are to bee payed in that 
which is good and marchantable both of the corn and the tarr, and att pris(; 
current as the prises shalbee att the times of the deliuery of the seuerall pay- 
ments to bee deliuered, vizJ : the tarr att the towne of Plymouth, and the corne 
att the house of the said Nathaniel Warren att the Eelriuer, in the towneship 
of Plymouth aforsaid. In witnes of the true pformance of the ]p>misses, and 
of euery pte therof, wee, the said Thomas Morton and John Andrews, haue 
heervnto subscribed our hands and afiSxed our seales, this tenth day of Octo- 
ber, anno Dom 1664. ^-. 

The marke ^ of THOMAS MORTON, 

and his seale. 
The marke Ql- of JOHN ANDREWS, 

and his seale. 
Signed, sealled, and deliuered in the g>sence of 
Thomas Southworth, 
Robert Fuller, 
Nathaniel Morton. 

The sumes aboue mencioned to bee payed by the pties aboue mencioned, 
vizJ, Thomas Morton and John Andrews, is to bee payed for the remainder of 
the time vnserued out, which the said Andrews should haue serued with the 
said Nathaniel Warren, hee haueing alsoe, vpon the sealing heerof, surren- 
dered vp the said John Andrewes his indenture for the said time ; these 
pticulares were aded in the originall agreement in writing before the ensealing 
therof. 



COURT ORDERS. 



79 



These seuerall payments are all payed by Thomas Morton and John 166 4. 
Andrew to Nathaniell Warren and his assignes. "'' 

4 October. 

Testa me, NATH: MORTON, Secret. Pbence, 

Gou"". 



*Att the Court of Assistants held att Plymouth the seauenth Day o/" 1 6 6 4-5. 

February, 1664. ^ '^ " 

^ 7 February. 

P87.1 
Befoee Thomas Prence, Gofl, Thomas Southworth, ^ 

John Aldin, Wiliam Bradford, and 

Josias Winslow, Thomas Hinckley, 

Assistants, &S. 

IN reference to a controuersy betwixt Wiliam Shirtliffe, plaintife, against 
Thomas Little, defendant, for vnjust molestation to the damage of forty 
shillings in forcable carrying away certaine timber trees by him felled and 
squared, as hee supposeth, on his owne land, and for refusing to lay out and 
bound the land according to order, the Court hath appointed M' Alden, the 
major, and Josepth Bedle in due and convenient time to settle the bounds of 
the said lands in controuersy between them according to theire best light, 
either from the records or otherwise ; and in reference to the said timber trees, 
that Thomas Little is to returne them to the place from whence hee tooke 
them within ten dales from this present Court ; and that the said Shirtliffe 
hath libertie to improue the said trees, prouided hee bee responsable to make 
good the vallue of them incase they shall proue heerafter to belonge to 
Thomas Little. 

In reference to a complaint of John Smith, Juni', of Marshfeild, against 
Stephen Tilden, of Scittuate, for that the said Tilden neglected to pay vnto 
the said Smith the suine of twelue shillings due Ynto him for the makeing of 
a cart, forasmuch as it appeered to the Court that the said Tilden was legally 
summoned, and did not appeer, nor any for him, to answare the said com- 
plainant, the said Smith owning before the Court fiue shillinges of the twelue 
receiued, the Court awarded the said Tilden to pay vnto the said Smith seauen 
shillings more, in all twelue shillings, besides twelue sh: charge. 

In reference vnto diuers complaints amongst some of the naighbours of 
Plymouth, in pticulare John Barnes against Thomas Pope, and the said Pope 
against Gyles Rickard, concerning bounds of land wherof they complained 



80 PLYMOUTH COLONY KEOORDS. 

16 6 4-5. each of other of encroahment and treaspas by cuting of wood and makeing of 
'^ ' hiewaies ouer the said Barnes his land, the Court haue ordered Leiftenant 

7 February. , /^ i • t 

Pbenob Morton and Gorge Bonum, with the healp of some other for a third man, to 
Gow". measure and bound the said lands in controuersy, the ancient bounds being 
lost, that soe all controuersyes about the same might sease for the future. 

Att this Court, M"^ Isacke Robinson was allowed and approued by the 
Couit to keep an ordinary att Saconeesett for the entertainment of strangers, 
in regard that it doth appeer that there is great recourse to and fro by trauel- 
lers to Martins Vinyards, Natuckett, &6. 

Benjamine Bartlett appeered att this Court, and demaunded some land 
which was formerly belonging to M"" Willam Brewster, lying in Alcarmus 
Feild ; but for as much as the pticulare place cannot bee found, it is refered 
to the next Generall Court to determine. 
[*88.] *In answare vnto the desire and motion of Henery Wood and Thomas 

Pope, that for as much as it doth appeer by the last will and testament of 
Mistris Sarah Jenney, deceased, that did att her death giue and bequeath vnto 
the eldest daughters of Samuell Jenney, Henery Wood, and Thomas Pope a 
mare coult ; and that Sarah, the eldest daughter of the said Samuell Jenney, 
is deceased before shee came to age, that therfore the surviuers of the said 
daughters might haue the pte of the deceased, the Court, takeing notice of 
the tearmes of the will, &d, adjudged it the right of the survivers, vizj, Sarah 
Wood and Sussanah Pope ; but forasmuch as Samuell Jenney was not g>sent, 
and that his plea about it hath not bine heard, it was refered to the Generall 
Court to bee holden in March next, att which time the said Samuell Jenney 
is to bee ^sent, and to make his plea, if hee hath any thinge to speake in 
the case. 

Wheras a motion was made to this Court by Richard Bourne in the 
behalfe of those Indians vnder his instruction, as to theire desire of liueing in 
some orderly way of goQment, for the better preventing and redressing of 
thinges amisse amongst them by meet and just meanes, this Court doth ther- 
fore, in testimony of theire cormtenanceing and incurraging to such a worke, 
doe approue of those Indians proposed, viz^, Pavpmunnucke, Keencomsett, 
Watanamatucke, and Nanquidnumacke, Kanoonus, and Mocrust, to haue the 
cheife inspection and management therof, with the healp and aduise of the 
said Richard Bourne, as the matter may require ; and that one of the aforsaid 
Indians bee by the rest instaled to acte as a constable amongst them, it being 
alwaies prouided, notwithstanding, that what homage accostomed legally due 
to any superior sachem bee not heerby infringed. 

This Court doth order, that if the Natuckett Indians suspected for 



COURT ORDEJIS. 



81 



7 February. 

Pbencb, 

Gou" 



murther bee to bee found within this goQment, that serch may bee made by 16 6 4-5. 
the majestrates, that they may bee found out and secured vntill they bee sent 
to the goQment of the INIassachusetts, that they may doe with them as the case 
may require ; and in pticulare, that M"^ Hinckley take care that those people 
about the southeren ptes or south sea, where they were lately knowne to bee, 
may giue intelligence whether they bee gon or noe out of the goQment, that 
it may bee knowne whether that the psons soe much concerned in it may bee 
enformed therof, that they may looke after them as they see cause. 

Concerning some pticulares which passed in this Court in reference to 
M"^ Thomas Cushman, conserning an assignement made ouer to him by M' 
Isacke Allerton, see more in orders and passages of the Court, 1648. 



*J[tt the Generall Court of his Ma*^" held att Plymouth the f* of 7 March. 

March, 1664. [*89-] 

John Aldin, Deputie Goii, Wiliam Bradford, and 

Thomas Southworth, Thomas Hinckley, 

Assistants. 



ATT this Court, libertie was giuen vnto Barnard Lumbert, of Barnstable, 
_ to adminnester on the estate of one Cornelious More, an Irish man, 
late deceased, to pay all debts owing from the said estate soe farr and by equall 
proportions as the said estate will amount vnto, and to keep a just account of 
his said adminnestration, and to bee reddy to giue in a true account therof 
when thervnto required by the Court. 

Lres of adminnestration was graunted by the Court vnto Joyce, the wife 
of Thomas Lumbert, deceased, and vnto Jedediah Lumbert and Caleb Lum- 
bertj to adminnester on the estate of the said deceased Thomas Lumbert. 

Lres of adminnestration were likewise graunted vnto Stephen Vinall and 
John Vinall, to adminnester on the estate of Ann Vinall, deceased. 

Lres of adminnestration were likewise graunted vnto Timothy White 
and Josepth White to adminnester on the estate of Gowin White, deceased. 

M'' Micael Peirse came before this Court, and desired that an order pased 
by the Court in reference vnto the desposing of the estate of John Allin, 
deceased, with speciall reference vnto the portion of Josias Leichfeild, might 
bee considered by the Court, and amended in respect that some detriment is 

VOL. IV. 11 



82 PLYMOUTH COLONY RECORDS. 

166 4-5. likely to acrew vnto him by the said order, it standing as it doth ; in ans^^ are 
' '^ ' whervnto the Court returned, that forasmuch as diuers of the majestrates were 
p absent, whose help is very requisett for the right regulateing therof, it is 

Gou". refered vnto a more full Court for the doeing of it. 

James Louell, of "Waymouth, came before this Court, and requested to 
haue a supply of meddow or swampe, that may bee hopefuU, to make med- 
dow, bordering or appertaineing to a certaine tract of land which hee bought 
of the heires of M"^ Nathaniell Souther ; hee was ordered by the Court either 
to come or send to the Generall Court to bee holden the begining of June 
next ensueing the date heerof, att which time the Court wilbee in a capasitie 
to answare his desire in some some suitable measure, according to a former 
order about it, if it may bee had. 

Att this Court, it was made knowne to the Court that Elisha Hedge did 
breake bulke of goods before notice giuen of what liquors hee had brought 
into the towne of Yarmouth, and therby forfeited 16 gallons of liquor. 
[*90.] *In reference vnto a controuersy between Gorg Allin and Richard Chad- 

well about a highway, the Court haue ordered and doe request M'' Edmond 
Freeman, Seni'^, Edmond Freeman, Juni'', Thomas Tobey, and Benjamine 
Nye, or any three of them, to settle the said differece with the first convenient 
speed they can, that soe there may bee a finall end of the said controuersy. 

In reference vnto the desire of sundry, that the lands of Wiliam Randall, 
of Scittuate, may bee layed out and orderly bounded, the Court haue requested 
and appointed Captaine James Cudworth and M' Josepth Tilden in due and 
convenient time to lay out and bound the said lands att the North Riuer 
according to theire best descretions and such euidence as they can procure, to 
the intent that thence forth all suites and contensions may bee preuented, and 
a finall end of all controuersyes relateing to the bounds of the said land. 

The Court, takeing notice that sundry Indians haue manifested some 
wilhngnes to make sale of some land within the bounds of Barnstable, haue 
giuen libertie and doe depiite and appoint M"^ Thomas Hinckley, Nathaniel 
Bacon, and John Gorum, or any two of them, to purchase the same ; and 
whatsoeuer land shalbee soe purchased, they are to make report therof to the 
Court, that soe they may dispose of it as they shall see cause. 

In reference to a cow and a steer belonging to Gabriel Fallowell that 
were taken in the trapps of Harry the Indian and his son, called Samuell 
Harry, which said cattle were soe hurt as the owner was constreyned to kill 
them, and therby were greatly damnifyed, the Court haue ordered, that they, 
the said Indians, shall pay to him, the said Gabriell Fallowell, or his assignes, 
the sume of foure pounds, vizj, forty shillings the next Indian haruest, and 



7 March. 

PllENCE, 



GOUKT ORDERS. 83 

the remaining forty shillings Indian haruest come twelue month, in good and 1 664-5. 
current pay. 

Thomas Cushman, for coinitting carnall coppulation with his now wife 
before marriage but after contract, is centanced by the Court to pay fiue Gou" 
pounds, according to the law ; and for the latter pte of the law, refereing to 
imprisonment, is refered to further consideration. 

Thomas Totman appeered att this Court, to answare his fsentment for 
haueing carnall coppulation with his now wife before marriage, and affeirmed 
that it was after contract ; which being not cleare to the Court, hee was cen- 
tanced to pay a fine of ten pounds, if not cleared by fiirther testimony ; but 
if soe cleared, to pay but fiue pounds. 

Wiliam Randall, for breakeing the Kings peace by poakeing or strikeing 
Jeremiah Hatch with a ho pole, is sentanced to pay a fine of three shillings 
and four pence. 

Thomas Sumers, for being drunke, fined fiue shillings. 

Thomas Linkorne, Seni"^, for breaking the Kings peace, fined 3' 4*- 

*Rehoboth, the 14* July, 1664. [*91.J 

Wee, whose names are heervnder subscribed, doe heerby signify to all 
psons whome it may concerne, that, according to our best light and apprehen- 
sion, Rebeckah Sale, the late wife of Edward Sale, was her owne executioner, 
vizj, shee hanged her selfe in her owne hiered house. 

JOHN READ, Seni', 

PETER HUNT, 

JOHN PERREN, Seni^ - 

JAMES REDWAY, 

ROGER ANNADOWN, 

WILtAM SARIN, 

HENERY SMITH, 

JOHN FITCH, 

THOMAS COOPER, Juni', 

JOHN PECKE, 

NICHOLAS PECKE, 

SAMUELL PECKE, 

DANIELL SMITH. 

Rehoboth, the seauenth of August, 1664. 
Wee, whose names are subscribed heerto, doe heerby signify to all psons 
■whom it may conserne, that Elizabeth Walker, the daughter of Phillip 



84 PLYMOUTH COLONY RECOKDS. 

166 4-5. Walkei', of the towne of Rehoboth, was accedentally drowned ; shee, being 
'^ sent to scoole, was found alsoe accedentally in the riuer first by two youthes ; 

7 M;u-ch. 

Prence ^ y makeing knowne the same to two wemen, the wife of Nicholas Jyde 

'^ou". and the wife of Eoger Annadowne, and then to Wiliam Sabine, whoe forth 
with came and drew her out of the water, as hee saith. From the testimony 
of the afor specifyed psons, together with other concurring cercomstances, 
wee, the subscribers, conceiue that the child, which was two yeares and an 
halfe old, before specifyed, came accedentally to her end. 

STEPHEN PAINE, Seni^ 
THOMAS COOPEE, 
JOHN READ, Seni', 
PETER HUNT, 
JOHN PERRAM, 
ROBERT FULLER, 
ANTHONY PERREY, 
NICHOLAS PECKE, 
JOHN FITCH, 
HENERY SMITH, 
JOHN BUTTERWORTH, 
DANIELL SMITH. 

March the 1, 1664. This jury gaue in this verdict vpon oath before 
Josias Winslow, Assistant. 

The seauenth of March, 1664. 

Ruhamah Turner, of Sandwich, for comitting fornication with John 
Ewen, was fined the sufne of fiue pounds to the vse of the coUonie. 

[*92.] *The Deposition of Richard Handy, aged about 19 Yeares. 

This deponant saith, that hee being att worke about the mill dam the 
IQ"" of August with Thomas Fish, the banke being vndermined and danger- 
ous, this deponent saith hee spoke to Thomas Fish and Edward Craggs, saying, 
" Lett TS knoke downe the banke." They being not willing to goe, this 
deponant said hee would goe ; and then Thomas Fish said, " I will saue one," 
takeing his barrow in his hands ; the banke fell downe vpon him while this 
deponant was goeing to knoke downe the banke, being got the halfe way or 
theraboutes ; and this deponant saith, that ymediately after the banke was 
fallen downe ^ Thomas Fish, they hastened to take the clods from him ; 
and being bruised therby, hee was gott to bedd and dyed in about four dales 



COURT ORDERS. 8.5 

and an halfe after j and fmtVier hee saith not. Edward Craggs testifyeth 1664-5. 
the same. 



The Deposition of Richai-d Church, aged about 56 Yeares. 

This deponant saith, that hee, being att worke about the mill the 19"* 
of August, hearing of a cry that the man was killed, hasted p>sently and 
healped to remoue the earth from Thomas Fish, whoe, being much bruised 
therby, was gott to bedd, and in four dayes and an halfe dyed ; and farther 
saith not. 

The Testimony of Nathaniel Fish, aged about forty-six Yeares. 

This deponant saith, that hee was not willing his son should goe to worke 
about the dam that day that hee was hurt ; and further this deponant saith, 
that hee heard his son say, not long before hee dyed, that Thomas Dexter said 
to Thomas Fish, " It is to late to goe to worke to day to Goodman Burgis." 

The Names of the Psons warned by the Constable of Sandwich to view the 
Corpes of Thomas Fish, the Son of Nathaniel Fish, deceased, this 25 of 
August, in the Yeare 1664. 

Thomas Tupper, Seni', Francis Alhn, 

Richard Bourne, Lodowicke Haukes, 

Wiliam Bassett, Obadiah Eedey, 

Benjamine Nye, John GifFord, 

Eichard Smith, John Gibbs, 

Thomas Tupper, Juni', Robert RoUocke. 

These twelue men before expressed, takeing into serious consideration 
according to the best euidence, doe find the instrumentall of the death of 
Thomas Fish to bee, the vnderminding and falling of the bankes vpon him, 
the wheelbarrow being between him and the ground, and soe bruiseing of his 
body that hee dyed about four dayes and an halfe after that hee was thuse 
bruised. 

*The Propositions made by his Ma*'"' Comissioners to the General Court of 
his Ma"" held att Plymouth for the Jurisdiction of New Plymouth the 
ggcond of February, Anno Dom 1664. 

1. That all houshoulders inhabiteing in the coUonie take the oath of 
allegience, and that the adminnestration of justice bee in his ma""^ name. 

2. That all men of competent estates and ciuell conversation, though of 



7 March. 

Peence, 

Gou''. 



[*93.] 



7 March. 
Prenoe, 




86 PLYMOUTH COLONY KECORDS. 

166 4-5. different judgments, may bee admited to bee freemen, and haue libertie to 
choose and bee chosen officers both ciuell and milletary. 

3. That all men and weomen of orthadox opinions, competent knowl- 
Gou". idge, and ciuell Hues, not scandalous, may bee admitted to the sacrament of 

the Lords supper, and theire children to baptisme, if they desire it, either by 
admiting them into the congregations alreddy gathered, or pmitting them to 
gather themselues into such congregations where they may enjoy the benifit 
of the sacraments, and that difference in opinion may not breake the bonds of 
peace and charitie. 

4. That all lawes and expressions in lawes derogatory to his ma''% if 
any such haue bine made in these late troublesome times, may bee repealled, 
altered, and taken of from the file. 

The Answare of the Generall Court held att Plymouth for the Jurisdiction of 
New Plymouth the 2™°* of May, Anno Dom 1665, to the aboue written 
Propositions, as followeth. 

To the first wee consent, it haueing bine the practice of this Court in the 
first place to ensert in the oath of fidelitie required of euery housholder to bee 
truely loyall to our soQ lord the Kinge, his heires and successors ; alsoe, to 
adminnester all actes of justice in his ma''*^' name. 

To the second wee alsoe consent, it haueing bine our constant practice 
to admitt men of competent estates and ciuell conversation, though of different 
judgments, yett being otherwise orthodox, to bee freemen, and to haue libertie 
to chose and bee chosen officers both ciuell and milletary. 

To the third, wee can not but acknowlidge it to bee an high fauor from 
God and from our soQ that wee may enjoy our consiences in point of Gods 
worship, the maine end of transplanting ourselues into these remote corners 
of the earth, and should most hartily rejoyce that all oui' naighboui's, soe qual- 
lifyed as in the proposition, would adjoyne themselues to our societie according 
to the order of the gospell for enjoyment of the sacraments to them and 
theires ; but if, through different pswasions respecting church goQment, it 
cannot bee obtained, wee would not deney a libertie vnto any, according to 
the proposition, that are truely consiencious, although differing from vs, espe- 
cially where his raa*'^ comaunds it, they maintaining an able preaching min- 
nester for the carrying on of pubhcke Sabbath worship, which wee doubt not 
is his ma*'''' intent, and withdraw not from paying theire due proportions of 
maintainance to such minnesters as are orderly settled in the places where 
they Hue Tntill they haue one of theii-e owne, and in such places as are capa- 
ble of maintaining the worship of God in two distinct congregations ; and wee 



Befoke Thomas Prence, Gou', Thomas Southworth, 

John Alden, Wiliam Bradford, and 

Josias Winslow, Thomas Hinckley, 

Assistants, &6. 

» m THEE AS Wiliam Newland standeth bound vnto this Court in the suine 

T T of three hundred pounds sterling faithfully to pay and make good 

vnto the children of Josepth HoUey, deceased, the suine of six score pounds 

sterling, the Court, takeing notice and being sertifyed by seuerall writings 



May. 
Phenoe, 



COURT ORDERS. 87 

being greatly incurraged by his ma"'== gracious expressions in his letter to vs, 1665. 
and youer honors further assui-ajice of his royall pui-pose to continew our lib- 
erties, that where places by reason of our pausette and pouertie are vncapable 
*of two, it is not intended that such congregations as are alreddy in being Gotf 
should bee rooted out, but theire liberties preserued, there being other places [ ^^0 
to accomodate men of diiferent pswasions in societies by themselues, which by 
our knowne experience tends most to the ^seruation of peace and charitie. 

To the fourth, wee consent that all lawes and expressions in lawes dereg- 
atory to his ma''^, if any such shalbee found amongst vs, (which att ^sent 
wee are not consioiis of,) shalbee repealled, altered, and taken of from the file. 

By order of the Generall Court for the jurisdiction of New Plymouth, 
p me, NATH: MORTON, Secr'^. 

Plymouth, May the 2"™'', 1665. 

An Acknowlidgment ordered to bee entered. 

To the honored Court ^sented. 3 May. 

Forasmuch as the Court judges that I haue broken order, I ame sorry I 
haue giuen them offence ; and if I had knowne that the order would haue 
bine soe vnderstod, I should not haue done it ; and wherin I haue giuen the 
Court offence, I humbly craue theire fauorable judgment therin, and that the 
Court would bee pleased to pase by my weaknes and remite my offence. 

WILtAM NICAESON. 

The third of May, 1665. 



*Att the Court of Assistants held att Plymouth for the Jurisdiction 166 5 
of JYew Plymouth, 1665. 



May. 

[*95.] 



88 



PLYMOUTH COLONY EECOEDS. 



1665. 

May. 

Peenoe, 
Gou". 



Keleased. 



vnder the hands of the said children and otherwise that they, the said chil- 
dren of the said Josepth HoUey, Seni', deceased, vizj, Josepth HoUey, Juni'', 
Mary, the wife of Nathaniell Fitsrandall, Sarah, the wife of Josepth Allin, 
Experience Holley, and Hopestill, the wife of Samuell Worden, haue receiued 
theire seuerall ptes and portions of the said sume, vizj, euery of them twenty 
foure pounds, doe therfore fully and absolutely discharge the said Wiliam 
Newland, hee, his heires, exequitors, and adminnestrators, from the abouesaid 
bond and obligation, haueing fully paied the said suine vnto the said children 
aboue expressed. 

Wheras Eobert Eansome hath fenced in a peece of land att Lakenham 
that is comon, that hath occationed much trouble, the Court haue ordered, 
that the said fence bee throwne downe, and the land to lye open, and not to 
bee fenced by the said Ransome vntill hee can proue his title ; and the Court 
haue ordered the naighborhood of Lakenham to see the same pformed by the 
sixt of this instant May. 

James Cole, Juni', for breaking the Kinges peace in strickeing of Robert 
Ransome, is fined 00 : 03 : 04. And wheras hee spake vnaduisedly in saying, 
" Kill the rogue," meaning the said Robert Ransom, hee takeing notice of 
his great ouersight in soe speaking, and it being spoken when hee was in a 
great pasion, seeing his brother much abused by the said Ransom, and that 
hee, the said Cole, hath bine obserued otherwise to haue bine of a peacable 
disposition, the Court saw cause with admonition to remitt the fault. 

Ephraim Tilson, for breaking the Kinges peace in strickeing Robert Ran- 
some, is fined 00 : 03 : 04. 

Att this Court Gorge Barlow appeered, being summoned to answare for 
attempting the chastity of Abigaill, the wife of Jonathan Pratt, by aluring 
words and actes of force, being to the aifrighting and much wronging of the 
said Abigaill in the house shee dwells in, being then alone ; the said Barlow 
bee ^ examined, deneyed the said acusation in all the ptes of it ; notwith- 
standing, the Court saw cause to require bonds of him for his good behauior 
vntill the Generall Court to bee holden att Plymouth the first Tusday in June 
next after the date heerof as followeth : — 

Gorg Barlow acknowlidseth to owe vnto our soQ lord 1 

^, „. ^, _ ° }■ 20: 00: 00 

the Kmge the sume oi • • J 

Thomas Sauory the sume of 10 : 00 : 00 

The condition, that if the said Gorge Barlow bee of good behauior 

towards our soli lord the Kinge and all his leich people, and appeer att the 

General Comt of his said ma'''= to bee holden att Plymouth the first Tusday in 

June next, and not depart the said Couit without lycence ; that then, &d. 



May. 
Pbence, 



COURT ORDERS. 89 

Att this Coui-t, Ralph Smith, of Eastham, was fined, for telling of a lye, 1 G 6 5. 
00 : 10 : 00. 

In reference vnto the complaint of John Barnes against Thomas Pope, 
for treaspasing vpon his land in carting ouer it, and the complaint of the said '^ou" 
Pope against the said Barnes for violently oposing the children of the said 
Pope in the cart ivay when they were about theire honest labour-, and for 
beating the horse of the said Pope, and in strikeing of the horse struck his 
boy, the Court ordered, that forasmuch as these controversyes arose rather out 
of prejudice then out of any reall cause, that they should addresse themselues 
to the healp of naighbours for the settleing of those matters, and that the said 
Pope should goe noe more through Barnes his land. 



*Att the Generall Court holden att Plymouth the 9"' of June, 1665. 9 June. 

[*96.] 

WHERAS there was an agreement made between the Court and Leften- 
ant James Torrey and Cornett Robert Studson, as gaiu'dians vnto 
Josias Leichfeild and Anna, somtimes the wife of John Allen, bearing date 
June, 1663, and stands vpon record pticularly to bee seen, wee doe heerby 
declare and testify, that the said agreement wee did and doe clearly vnder- 
stand was for a full and finaU issue and settlement of what ptained vnto the 
said Leichfeild from Goodman Aliens estate. 

THO: PRINCE, GoQ. 
JQN ALDEN, 

JOS: wmsLow, 

THO: SOUTHWORTH, 
THO: HINCKLEY, 
WILL BRADFORD. 

Nouember the 5'^ 1663. 

Receiued by vs, Cornett Robert Stetson and James Torrey, of Scittuate, 
of Micaell Peirse, of Hingham, the full ajid just sume of twenty pounds, for 
the vse of Josias Leichfeild, of Scittuate aforsaid ; which twenty pounds the 
said Micaell Peirse was appointed to pay vnto vs for the vse of Josias Leich- 
feild aforsaid by the Coui-t holden att N. Plymouth in New England in the 
month of June last past. In witnes wee haue heervnto sett our hands the day 
and yeare first aboue written. . 

The marke /Wj of Cornett ROBERT STETSON, 

JAMES TORREY. 

VOL. IV. 12 



90 



PLYMOUTH COLONY RECORDS. 



1665. *M the Generall Court of Election holden att Plymouth, for the 
Jurisdiction of JVew Plymouth, the seauenth Day of June, 1665. 



7 June. 

PHEIfCE, 

Gon". 

[*97.] 



Before Thomas Pxence, Gou'', Josias Winslow, 

"Willam CoUyare, Thomas Southworth, 

John Aldeii, Wiliam Bradford, 

Assistants, &6. 



M 



K THOMAS PEENCE was chosen GoQ, and sworne. 



• wef chosen Assistants, and sworne. 



M' Wiliam CoUyare, 

M"^ John Alden, 

Major Josias Winslow, 

Capt Thomas Southworth, 

Cap? Wiliam Bradford, and 

M"^ Thomas Hinckley, 
Likewise, M"^ James Browne was chosen Assistant, but not sworne. 
Major Josia,s Winslow and Captains Thomas Southworth were chosen 
Coinissioners, and M' Prence next in nomination. 

M"" Constant Southworth was chosen Treasurer, and sworne. 



The names of the deputies of this yeare chosen to serue att this Court 
and the seueral adjournments therof are as foUoweth : — 



Ephraim Morton, 
Nathaniel Warren, 
M"^ Constant Southworth, 
+Leiftenant Josias Standish, 
Leif: James Torrey, deceased, 
Isacke Bucke, 
Isacke Chettenden, 
Richard Boui-ne, 
James SkifFe, 
Richard Williams, 
Wiliam Harvey, 
M'' Anthony Thacher, 



M' Edmond Howes, 
Nathaniel Bacon, 
John Chipman, 
Anthony Snow, 
Ensigne Marke Earaes, 
M' Stephen Paine,+ 
Leiftenant Peter Hunt,+ 
Leiftenant John Freeman, 
Richard Higgens, 
Wili Britt,+ 
John Russell. 



COURT ORDERS. 



91 



The Constables of the seuerall Townes. 

Plyfii. M'^ Wiliam Crow, for Plymouth. 

T-j (M" Samuell Saberry, 

\ "Walter Briggs. 

Scittu, Gorg Russell. 

Sand-wl, Eichard Chadwell. 

Taunton, Josepth "Wilbore. 

Yarm, Josepth Howes. 

Barns?, ~ Thomas Laythorpe. 

■^ , . _ fNathaniell Thomas, 

[Josepth Siluester. 

Eehobo, Anthony Perrey, 

Eastham, Josepth Harding. 

Bridgw, Nathaniell Willis. 

Dartmouth, Daniell Wilcockes. 



1665. 



7 June. 

Pbence, 

Gou". 



sworne, ■ 



John Morton, 
M' Josepth Tilden, 
Edward Jenkens, 
Phillep Delano, 
John Bourne, 
John Smalley, 
Trustrum Hull, 
Robert Denis, 
John Dingley, 
John Joyce, 
Hezekiah Hore, absent, 
Josepth Warren, 



The Grand Enquest. 

Samuell Hickes, 



sworne, < 



John Pecke, 

John Woodcocke, 

Leift Tho Haward, 

Samuell Smith, 

Stephen Skiffe, 

John Washbourne, Juni', 

James Alhn, 

John Smith, of Barnstable, 

for ^sent respetted, 
John Howland. 



[*98.] 



It was order, agreed, and voated by the Generall Court now assembled, 
that the sume of one hundred and fifty pounds bee leuied by rate vpon the 
seuerall townes of this jurisdiction, accordinge to theire proportions, for and 
towards the carrying on the publicke afFaiers of the collonie for this ^sent 
yeare, the charge of the majestrates table being encluded in the said suine, 
and the oiEcers wages excepted ; of which said suine of one hundred and fifty 
pounds, forty therof to bee payed in money to bee leuied by rate forth with, 
and the warrants to goe out for the same with all convenient speed, soe as the 
-said sume of forty pounds is to bee payed to the Treasurer by the last day of 



92 PLYMOUTH COLONY KECORDS. 

1G65. July next; and the hundred and ten pounds remaining to bee payed, one 
' ^ "^ third pte therof in wheat, and the other two thirds in either wheat, pease, 
barly, or Indian corne. 
Gou". Vpon consideration of diuers pticulars proposed and largly agitated by 

the freemen of this jurisdiction assembled, concerning the proposition made by 
his ma""^ coiiiissioners in reference vnto the manor of choise of the goflnors 
of this juiisdiction, and in reference vnto an adresse to bee made to his ma'" 
for the renewall of our pattent, the Court haue ordered and voated, that the 
said pticulares bee refered to futiu'e consideration. 

Likewise, as conserning sending a pson for England as agen-t in behalfe 
of the countrey, to soUicit his ma''* for the establishment of the bounds of our 
jurisdiction accordingly as they were lately sett by his ma"*' comissioners, it 
was concluded by the Court, that the said coinissioners bee solicited to improue 
theire best entefst in our behalfe to the vtmost for the obtaining therof; and 
soe to comitt the case to God and vnto his ma*'* for the succes, in regard of 
our g>sent incapasitie otherwise to send. 

In reference vnto the question concerning the continuance of the confeda- 
ration of the Vnited CoUonies, the Court haue ordered, that a loueing, ciu'teous 
letter bee directed to the goflment of the Massachusetts coUonie, therin declar- 
ing that wee see not light to psist on therin, and that yett notwithstanding, 
that if vpon further enformation and consideration of any returne from them 
or otherwise, wee shall see cause to send to another meeting in reference vnto 
a more ciuell and orderly breakeing of that, wee soe doe. 
r*99.] *Iu. reference vnto the complaint of John Hathewey, of Taunton, against 

two Indians, the one named Tobey and the other Phillip, for stealing some 
swine from him, the said charge appeering to the Court to bee true, the Court 
haue ordered, that speedily they shall satisfy vnto the said Hathewey a swine 
as good as his other swine hee hath att home, that were fellowes to the swine 
soe stollen ; and likewise, that for asmuch as the said Hathewey is not prouided 
att jpisent with euedences conserning other swine in probabillitie stollen by 
them, that they, the said Indians, put in cecuritie to appeer att the next Gen- 
eral!. Court of his ma"* to bee holden att Plymouth the first Tusday in October 
next, to answare his further complaint on that behalfe. 

Phillip acknowKdgeth to owe vnto our soQ lord the "I 

„. ^, _% 20:00:00 

Ji-inge the sume oi . J 

Tobey the suine of 20 : 00 : GO 

Daniell, allies Paquaho, the sume of 10 : 00 : 00 

Napames the suine of 10 : 00 : 00 

The condition, that if the said Phillip and Tobey doe appeer att the 



COURT ORDERS. 93 

Generall Court of his ma"'= to bee holden att Plymouth the first Tusday in 16 65. 
August next, to answare the farther complaint of John Hathewey, of Taunton, ' ' "' 
against them for stealing of his swine, and not depart the said Court without p 
licence ; that then, &6. Gou«. 

Ensigne Macey is approued by the Couit to bee leiftenant of the mille- 
tary companie of Taunton, and Thomas Leanard for ensigne. 

The remainder of the time that Moses Crocker is yett to serue from the 
date heerof, the Court alowes that hee shall serue it out with Thomas Hiland, 
Juni"', of Scittuate, prouided that the said Hiland shall not dispose of him to 
any other without the Courts consent. 

Vpon the earnest request of Phillip, the Indian sachem of Pocanacutt, 
for to haue libertie to buy a horse within our jurisdiction, the Court haue 
bestowed a horse on him, as judging it meeter then to giue him libertie to buy 
one ; the horse is that which ^ prouided for the trumpeter belonging to the 
troop of horse which is spared from the said service on condition that another 
bee prouided to bee in his rome. 

In reference vnto diuers complaints made conserning John WilHams, 
Juni', his disorderly liueing with his wife, and his abusiue and harsh carriages 
towards her both in words and actions, in speciall his sequestration of himselfe 
from the marriage bed, and his accusation of her to bee a whore, and that 
especially in reference vnto a child lately borne of his said wife by him denied 
to bee legittimate, the Court saw cause to require bonds for the appeerance 
of the said Williams att this psent Court, and likewise sent for his wife to 
this Court ; and after the hearing of seuerall thinges to and frow betwixt them, 
the said Williams being not able to make out his charge against her, they were 
both admonished to apply themselues to such waies as might make for the 
recouering of peace and loiie betwixt them ; and for that end the Court re- 
quested Isacke Bucke to bee officious therin, and soe dismised them from the 
Court for that time. 

Notwithstanding the law prohibiting the selling of horses to Indians, the 
Court aloweth Keencomsett, an Indian att Barnstable, to buy a horse to bee 
for his vse in husbandry, to bee done by the aduise and direction of M"" Hinck- 
ley, M'' Gorum, and Nathaniell Bacon. 

It is enacted by the Court, that the naighborhood of Sowamsett bee Saidnaigh- 
accounted to bee within the township of Eely)both and within that constable- ^^^ °°^^^ 
ricke, and the constable to pforme his ofiice within the said naighborhood for x pound rate 

_ X shillinga 

the gathering of rates, &fi, as in any other pte of his liberties. ^ yeare. 



94 



PLYMOUTH COLONY EECORDS. 



1665. 

7 June. 

Pbence, 

Gou'^. 

[*100.J 

These lands 
were graunted 
to the p'sons 
heer named 
mth all and 
singulare the 
appurtenances 
belonging ther- 
vnto, to them 
and theire 
heires and as- 
signs for euer. 



*The Names of those that haue Lands graunted vnto them by the Court, vizj, 
the Land which is purchased on the westerly Side of Namasskett Eiuer, 
which is to bee ecjually deuided amongst them, and being soe deuided, is 
conceiued it will amount vnto thii-ty Acrees a Share of good Land, as alsoe 
Comoning adjoyning thervnto proportionable. 

Imp'mes, to the towne of Plymouth for e minnester, one share. 

To Namasskett, for a minnester, one share. 

To the Elder Cushman for his children, .... one share. 

To Henery Sampson for his children, .... one share. 

To Experience Michell for his children, .... one share. 
To Edward Gray ten acrees, to lye in a square. 

To Gabriell Fallowell, one share. 

To Captaine Bradford, one share. 

To James Cole, Seni'^, one share. 

To Gyles Rickard, Seni', one share. 

To M'^ Josepth Bradford, one share. 

To Anthony Snow, one share. 

To Nathaniell Morton, one share. 

To John Morton, one share. 

To Ephi-aim Morton, one share. 

To Edward Dotey, one share. 

To Gorge Bonum, one share. 

To "Wiliam Harlow, one share. 

To John Wood, one share. 

To Henery Wood, one share. 

To John Dunham, Juni"^, one share. 

To Samuell Dunham, one share. 

To Josepth Warren, one share. 

To John Jourdaine, one share. 

In all 24 shares. 



It was ordered by the Court, that the charge of the pmxhase of the said 
land shalbee equally bourne by all those which haue lands there, euery one a 
like proportion; and that none shall posesse aboue two shares of that land 
either of the ptenors or any 'other; and that if any one shalbee found to 
posesse aboue two shares therof, it shalbee forfeit to the countrey. 



COURT ORDERS. 95 

The Names of such as are graunted Land in that Tract of Land comonly 16 65. 
called the Majors Purchase, whoe are to haue thirty Acrees appeece out ^ '^ ~' 
of the best of it, and Comoning proportionable. v ^ - . 

Wiliam Clarke, of Duxburrow, one share. „, , ' 

' These lands 

Jonathan Dunham, one share. graunted mth 

-rj . . T-, all and singu- 

Benjamme Eaton, one share. i„e the appur- 

Josepth Dunham, one share. tenances be- 

longing ther- 
Thomas Sauory for his childi-en, one share. vnto, to them 

and thcire 
heires and as- 

It was ordered likewise by the Court, that wheras the lott of M"^ Howland signes for euer. 
and the lott of Wiliam Nelson, with two others, which are judged very 
meane, that they bee alowed twelue acrees apeece att the heads of theire said 
lotts. 

The Court haue graunted vnto Zacary Eedey a smale gussett of land lying 
betwixt his land and the brooke, from his house below the path to Namass- 
kett vnto the aforsaid brooke, vnto a bridg or way neare vnto a path that 
turnes out of the old way vnto Wiliam Nelsons house ; the said pcell of land, 
soe bounded as aforsaid, is graunted vnto the said Zacary Eedey, to him and 
his heires for euer, with all and singulare the appui'tenances belonging ther- 
vnto, on condition that the said Zacary Eedey doe continue a bridge neare 
his house in the place wher it is needed for horse and cart, for the vse of the 
countrey, for the full tearme of twenty yeares from the date heerof. 

*The Court haue graunted vnto Major Josias Winslow a farme of two r*101.1 
hundred acrees of vpland; with meddow suitable and answarable thervnto, in 
regard of his extreordinary and emergent charges by him expended on the 
countreyes occations ; the which farme lands hee is to looke out for in any pte 
of this goQment ; and vpon his choise therof, to bee and appertaine, with all 
and singulare the appurtenances belonging thervnto, to him and his heires and 
assignes for euer ; and the Court haue appointed M' Constant Southworth and 
Cornett Robert Studson to lay it out for him. 

A competency of land is graunted vnto M'' John Alden, Captaine Thomas 
Southworth, and M' Constant Southworth in any land that may bee found 
and purchased att or about Namasskett or elswhere ; which when it is sought 
out and purchased, and report therof made to the Court, to bee further con- 
feirmed to them and theire heires & assignes for euer. ^''ence the 

' death of Leif- 

In reference vnto a former libertie graunted by the Court vnto Cornett tenant Torrey, 
Studson, two hundred acrees of land is graunted vnto him on the southerly ^^^ xi^easur 



reasurer 



side of the three mile square of land formerly graunted vnto M"^ Hatherly, «« appointed 

by the Court to 

the said two hundred acrees of land, with all and singulare the appurtenances lay it out. 



96 PLYMOUTH COLONY RECOEDS. 

1665. belonging thervnto to appertaine vnto the said Comett Eobert Studson, to him 
" "f ' and his heires and assignes for euer, to bee layed forth for him by Leiftenant 

„ James Torrey. 

Gou». The Court haue graunted ynto Wiliam Brett, Thomas Haward, Seni"", 

Arther Harris, Richard Williams, John Willis, and John Carey, to each of 
them, threescore acrees of land lying betwixt the lands of Taunton and Teti- 
cutt ; but incase these lands shall any of them fall within the last graunt of 
Taunton, these lands being before graunted to these men, notwithstanding it 
shall not make the former graunt void, but that the said lands shalbee and 
remaine, with all and singulare the appurtenances belonging vnto them, to 
the said Wiliam Brett, Thomas Haward, Sen?', Arther Harris, Eichard Wil- 
liams, John Willis, and John Carey, to them and theire heires and assignes 
for euer. 

Leiftenant Freeman and Leiftenant Rogers are appointed by the Court to 
view a certaine Hand petitioned for by Richard Higgens, and to purchase it if 
they shall see reason, and to make report therof to the Court, that if they 
shall see cause they may despose of it to him, the said Richard Higgens. 

Fifty acrees of land is graunted vnto Roger Annadowne, lying att a 
place called the Ten Mile Eiuer, being a pte of that land which Captaine 
Willett bought, lying on the bounds of Rehoboth ; the said fifty acrees of 
land, with all and singulare the appurtenances belonging thervnto, to apper- 
taine to him, the said Roger Annadowne, to him and his heires and assignes 
for euer. 

[* 102.1 *Wheras Wiliam Nicarson hath illegally purchased a certaine tract of 

land att Mannamoiett of the natiues, and hath noe visible estate to satisfy the 
breach of order, yett hath lately submitted himselfe vnto the clemency of the 
Court, this Court sees good to alow him, the said Wiliam Nicarson, one hun- 
dred acrees of that land att or neare his house, to bee layed out according to 
the best descretion of Barnard Lumber, Marshall Nash, and Josepth Howes ; 
and the rest of the said land att Mannamoiett this ^urt graunts vnto M' 
Thomas Hinckley, M' John Freeman, M' Wiliam Sarjeant, M' Anthony 
Thacher, Nathaniel Bacon, Edmond Hawes, Thomas Howes, Seni', Thomas 
Falland, Seni', Leiftenant Josepth Rogers, to them and theire heires for euer, 
by equall proportions to bee aloted to them, prouided the said Wiliam Nicar- 
son haue an ecLuall proportion of the meddow lands there with them ; and 
these lands to bee proportioned between the said M"" Hinckley, M' Freeman, 
and the rest aboue named, and the said Wiliam Nicarsons portion of land to 
bee layed out to him before the first day of December next ; and the Court 
orders, that the said M"^ Hinckley, M'' Freeman, and the rest aboue named. 



COUBT OEDEKS. 97 

alow in marchantable countrey pay theire equall proportions vnto him, the 16 6 5. 
said Wiliam Nicarson, of that pay as hee shall make apeer vpon just account '' ' 

7 June. 

that hee payed for the purchase of the said lands ; and this Court orders and p„j;noe 
impowers the said Barnard Lumbert, Marshall Nash, and Josepth Howes, in ^o'^"- 
the name of the Court, to put M' Hinckley, M' Freeman, M"^ Sarjeant, and ^^■^^j. ^^^^^ g 
the rest, into full posession of the said lands att Mannamoiett : and the Court P*^^^ forward 

•^ m this Dooke. 

doth graunt libertie vnto M' Hinckley, M' Freeman, and the rest, to purchase 
the tract of land att Mannamoiett adjacent as are not piuxhased, and equally 
to "proportion them amongst themselues, soe that it exceed not aboue one hun- 
dred acrees apeece ; and this Court ordereth, that none of them shall sell or 
allianate his pte or proportion of his lands thervnto any pson or psons what- 
soeuer but with the consent and approbation of his associates or of the Court ; 
and the Court orders all the said lands att Mannamoiett to appertaine and bee 
within the liberties of the township of Yarmouth, as the lands between Bound 
Brooke and Stony Brooke are, vntill the Court shall see cause to order 
otherwise. 

The Court haue ordered, conserning the land att Saconett, in reference 
vnto the petitioners for it called the ancient seruants, that none shall purchase 
the said lands soe as to bee any meanes to hinder them from any oppertunitie 
that may ^sent for an orderly purchase therof, in order to a supply of such 
of them as are vnsupplyed ; the psons alowed by the Court to purchase it for 
them, if any opertxinitie may bee had, are the major and the Treasurer. 

A certaine pcell of meddow, or such swampy ground as tendeth towards 
meddow, is graunted by the Court vnto Pheneas Pratt and James Louell, 
lying on the westerly side of Phenias Pratts land that was graunted vnto him 
the last June Corurt, neare vnto the line betwixt the Massachusetts and this 
jurisdiction, the said pcell being about foure'or fine acrees, bee it more or lesse, 
to bee equally deuided betwixt them, the said Pheneas Pratt and James Louell, 
to them and theire heires and assignes for euer. 

M' Hinckley, Richard Bourne, and Nathanell Bacon are appointed by 
the Court to purchase some land of the Indians in the behalfe of the towne 
of Yarmouth. 

Richard Bourne and Wiliam Bassett are appointed by the Court to view 
and purchase some lands desired by Edmond Freeman and Thomas Butler 
lying towards Saconeesett, if they find it worth the purchasing, and to make 
report of it to the Court. 

*The Court haue ordered, that the sume of fifty pounds bee settled vpon r*l03 1 
and payed to the GoQ for this ^sent yeare, to bee payed out of the treasury. 

It is enacted and ordered by the Court, that notwithstanding the majes- 

VOL. IV. 13 



98 PLYMOUTH COLONY RECORDS. 

16 65. trates bee rated to the charge of theire table and the officers wages, fliat the 

■' ' Treasurer shall take it of from them and place it on the countreyes account. 
p " It is ordered by tbe Coui-t, that Yarmouth and Marshfeild bee for the 

Gou". future rated ten shillings apeece in a forty pound rate, and that it bee charged 
on Dartmouth. 

Conserning a highway to bee layed out att Yarmouth, it is ordered by 
the Court, that the jury that shalbee impannelled to lay out the said highway 
shall alsoe judge of the damage done to the marsh that the said way must goe 
through. 

A Deposition appointed to bee recorded, as followeth. 

Ann Hinde, the wife of "Wiliam Hoskins, aged 25 yeares or therabouts, 
being examined and deposed before M' Edward Winslow in a case between 
John Darbey and John Chipman, afeirmeth vpon oath as followeth : — 

That the said Ann lined in the house of M' Darbeyes father with the said 
John Chipman att such time as the said John Chipman came from thence to 
New England to serue M"^ Richard Darbey, his brother ; and that the said 
Ann came afterwards likewise ouer to serue the said Richard Darbey, when 
old M"^ Darbey requested this deponant to coinend him to his cozen Chipman, 
and tell him if hee were a good boy hee would send him ouer the money that 
was due to him when hee saw good ; and further, wheras this deponant heard 
the said John Darbey affeirme that his money v/as payed to John Chipmans 
mother, shee further deposeth that his said mother was dead a quarter of a 
yeare or therabouts before her old master sent this message to his cozen Chip- 
man ; all which this deponant sweareth, and further knoweth not. 

Before mee, EDWARD WINSLOW. 

Taken the 2""""^ of March, 1641. 

An Order sent to Taunton from the Coui-t prohibiting bad Iron to bee made 

there, as followeth. 

To the clarke of the iron workes att Taunton, greeting. 

These are to acquaint you that the Court requires you to signify vnto 
the owners that are ptenors in the iron workes att Taunton, that wheras there 
is great complaint of bad iron made there, that the Court requires them to 
take course with the workmen that hence forth the iron that shalbee made 
there bee good and marchantable, that soe the countrey bee noe more wronged 
on that behalfe. 

The Courts order p mee, NATH: MORTON, Clarke. 



7 June. 
Prence, 



COURT ORDERS. 99 

It is ordered by the Court, that Yarmouth is to pay a barrell of oyle to 1665. 
the Treasurer for the countrey for some whale they had ; likewise John Ellis 
to pay for a whale hee had the sume of twenty shillings. 

The Treasurer is allowed out of the countreyes stocke the sume of thirty Gou", 
sliillings, by him disbursed about Cap? Scott. 

A fine of three pounds was remitted vnto John Sprague this Court. 

Fifty shillings of Ruhamah Turners fine was remited vnto her this 
Court. 

*"Wee, James ToiTey, and "Wiliam Barstow, and John Bryant, being ap- [*104.] 
pointed by the Court to lay out a tract of land graunted to M' Hatherley by 
Accord Pond, which pcells of land was to bee layed out three mile square on 
the head line of the towne of Scittuate, wee, James Torrey and Wiliam Barstow, 
attending to our order for the time and place appointed, haue measured the 
aforsaid land, which begines att the vtmost southerly pte of Accord Pond, and 
runs west on a third pte of a point southerly three miles, then turning with a 
squa,re line south and a third pte of a point easterly to the end of three miles, 
then turning with another square Hne east and a third pte of a point northerly 
three miles, then turning with another square line north and a third pte of a 
point westerly in the head line of the township of Scittuate three miles, which 
said line ends att Accord Pond, att the place where it began. 

Pme, JAMES TORREY, 

WILEAM BARSTOW. 

Wee, Robert Studson and James Torrey, being appointed by the Court 
to lay out two hundred acrees of land for James Louell, of Weymouth, which 
said land was graunted to M"^ Nathaniell Souther, wee, accordingly to oui- 
order, haue layed out the said land vpon the south west pte of the land 
graunted to M'' Hatherley by Accord Pond, rufiing two hundred rodd south 
and a third pte of a point easterly in the line of the said land graunted to 
M' Hatherley ; then turning with a line ruiiing one hundred and sixty rodds 
west and a third pte of a point southerly, then turning on a square line north 
and a third pte of a point westerly two hundred rodd, then turning with 
another square line east and a third pte of a point northerly one hundred and 
sixty rodd to the place where wee began. 

The markeVVYof ROBERT STUDSON, 
pme, JAMES TORREY. 



100 PLYMOUTH COLONY RECOKDS. 

1665. An Order directed to the Townsmen of Scittuate, as foUoweth. 

9 June '^^^ Court hath bine enformed of youer reddines to appoint some of youer 

Prence, townsmen to the healping about the settleing of the bounds of some lands of 
Wiliam Eandall, which hath bine hindered of accomplishment of that worke 
by some vnworthy speeches of the said Kandall ; yett being very desirouse 
of youer peace as our owne, therfore wee request that you would againe nom- 
inate some other psons for that worke, and desire with youer leaue that you 
would request Cornett Studson to bee healpfuU to the aforsaid Humphrey 
Turner and Walter "Woodward to doe the same. This is the desire of the 
rest of the majestrates, as youer frind acquaints you. 

THOMAS SOUTHWORTH. 
Plymouth, the 9"^ of June, 1665. 

[*105.] *An Account of the Liquors brought into the Towne of Eastham, as foUoweth. 

The 28'^ of the 9 month, 1664. 

Thomas Paine, 5 quarts of liquor. 

Josepth Harding, 2 gallons, twenty pound of shott, and 3 pound of 
powder. 

M' Crosbey, 1 gallon of liquor, six pound of shott, and three of 
powder. 

Gorg Crispe, 2 gallons of liquor. 

Daniell Done, one gallon of liquor, and 3 pound of powder, and 20" of 
shott. 

M' John Freeman, two gallons of liquor. 

Edward Banges, six gallons of liquor. 

Aprill, 65. Thomas Paine, 1 gallon of liquor, and 2 gallons of Gorge 
Crispe. 

Nicholas Snow, 1 gallon and an halfe of liquor. 

Josepth Harding, one gallon and an halfe of liquor. 

The 23 of the 10% 64. Ralph Smith, 2 gallons of liquor, 35 pound of 
shott, and fine pound of powder. 

Stephen Hopkins, 2 pound of powder, 1 gallon of liquor. 

Aprill, 65. Ralph Smith, 2 gallons of liquor, and bought for Josias 
Hubbert, of Hingham, fifteen gallons of liquor. 

Richard Higgens, 1 gallon of liquor. 

John Mayo, two gallons of liquor. 

John Smalley, one gallon of liquor. 

Trustrum Hull, of Barnstable, brought a barrell of rum to the towne of 



COURT OKDEES. 101 

Eastham, and sold it, but gaue noe account of it to either of vs, and wee 166 5. 
thought it good to giue the Couit notice of it. '^ ^ 

9 June. 

WILtAM WALKER, p^^oe. 

JOHN DONE. '^°^^- 

Thomas Little, for not keeping secret, but discloseing, 'In s a 
the proceedings of the grand enquest, being one of I 01 : 10 : 00 
them, was fined 

SamuU Norman, being convicted of telling of a lye, . 00 : 10 : 00 

Gyles Rickard, Seni"^, for sweaiing the S™""* time, being proued by two 
witnesses according to law, was centanced to bee imprisoned twelue houers, 
which alsoe, with the former sentance of the same kind for the like, were both 
att this Court inflicted ; his punishment for the latter had not bin soe eazey 
but that the Court considered some matteriall cercomstance about the case 
respecting the witnesses, which occationed the mittigation of the punishment. 

Thomas Lucas, for swearing by the wounds of God, was sentanced to 
bee imprisoned 24 houres, which accordingly was inflicted. 

John Eushell, of Acushena, alKs Dartmouth, acknowl- ^ u 

idgeth to owe vnto our soQ lord the Kinge the I 20 : 00 : 00 
sume of I 

Edward Gray the sume of 10 : 00 : 00 

The condition, that if the said John Rushell shall and doe appeer att the Released. 
G«nerall Court of his ma*" to bee holden att Plymouth the first Tusday in 
October next, to answare to any thinge that may bee further objected against 
him conserning attempting the chastitie of Hannah, the wife of Wiliam 
Spooner, &d, and in the interem of time bee of good behauior towards our 
soQ. lord the Kinge and all his leich people, and not depart the said Court 
without lycence ; that then, &<3. 

Att this Court, fifty shillings was abated of Euhamah Turners fine. 

*Wheras Wiliam Nicarson, of Yarmouth, stood convicted diuers yeares [* 106.1 
about eregulare purchaseing of lands att Mannamoiett, the penaltie wherof is 
fine pounds for euery acree soe purchased, which amountes to much more then 
all hee hath is able to satisfy, and that warrants haue bine issued out for the 
leuying of the same in part ; and that before the execution therof, the said 
Nicarson made some applycation to his ma'"'' comissioners att Plymouth, Feb- 
ruary the 22°'"''', 1664, and that the said his ma''«^ comissioners were pleased 
to moue the Court on his behalfe, incase the said Nicarson should submitt 
himselfe to the Court ; and that the said Nicarson then did acknowlidge his 
mistake of the said order ; this GeneraU Court, takeing notice of and willing to 



102 



PLYMOUTH COLONY RECORDS. 



1665. 

9 June. 

Pkenoe, 
Gou"». 

Of this see an- 
other order in 
the actes of 
this Court 4 
pages back- 
wards in this 
booke. 



gratify the said comissioners theirein, and not to procecute thinges to extream- 
ities, doth therfore order the remiting of his fine, and alsoe alow him one 
hundred acrees of the said land, to bee layed most conveniently to his 
house there, with a conrenient portion of meddow ground, to him and his 
heires for euer ; and alsoe what moneyes hee hath giuen to the Indians as for 
that eregulare purchase of the lands shalbee repayed vnto the said Nicarson 
by the psons to whom the Court hath disposed of the rest of the lands there 
according to theire seuerall proportions ; the psons are as followeth, vizj : M"" 
Thomas Hinckley, M' John Freeman, M"^ Wiliam Sarjeant, M"^ Anthony 
Thacher, M' Thomas Howes, Seni'^, Nathaniell Bacon, Leiftenant Josepth 
Eogers, M' Edmond Hawes, and Thomas Falland, Seni"' ; this Court therfore 
authoriseth Marshall Nash, Barnard Lumbert, and Josepth Howes, in the 
name of the Court, to measure out the said proportions of land vnto Wiliam 
Nicarson, as alsoe to the other psons abouenamed, and to giue them posession 
therof in the name and behalfe of the Generall Court, to haue and to hold to 
them and theire heires for euer. 



^Propositions made by the Court to the seuerall Townshipes of this Goiiment, 
refered to Consideration vntill the next Adjournment of this Court. 



Concerning Jl. That all psons lyable to bee rated, in euery towne of this goQment, 

tharthe p'sons ^^^ rated according to theire vizible estates and faculties, that is, according to 
bee rated in theire goods, faculties, and psonall abiUities, whether they are in lands, both 

such town- 

sMpps as the meddow lands, improued lands, or dormant lands appropriated, or in cattle, 
ownel them goods, or stocke imployed in trading, in boates, barques, &d, mills, or other 
inhabites. visible estate ; but for the iucurragement of trafficke that it bee ordered, that 
barques, catches, and bigger vessells may not bee rated aboue halfe theire val- 
ine ; dormant lands, both vpland and meddow, out of townships, to bee rated 
for euery hundred acrees according to 40^ estate ; and if any pson lay downe 
any pte of his proprietie to the comonage of the companie then associated 
togather, hee shalbee rated but for what quantitie hee keepes his propriety in ; 
and concerning stockes imployed in trading att home in and about the town- 
shipes where hee Hues, shalbee rated onely for two thirds of such stockes soe 
improued, as thuse : ISO"^ stocke to bee imployed in trading shalbee rated 
onely for 80", and soe proportionable. 

^Proposition 2"™*. That the GoQnors that for the future shalbee chosen 
bee allowed fifty or sixty pounds p annum ; and that there bee but fiue majes- 
trates chosen yearly, and they to haue, each of them, twenty pounds p annum, 
and they to beare theire owne charges. 



COURT ORDERS. 

JAnd if not soe, that there bee a standing councell chosen ; and that there 
bee three in number besides the GoQ alwaies of that councell, it being alwaies 
att the libertie of the Court to renew the choise of that councell as often as 
they shall see cause, alowing vnto the councell +sixty pounds a yeare,+ ||twenty 
pounds a peec.|| 

+And if soe, that the countrey doe make choise of two or more yearly 
for majestrates to bee aded vnto them, and the countrey to beare onely the 
charge of theire table att the seuerall Courts. 

JThis Coiut is adjourned vntill the 2"™'' Tusday in October next.J 



103 



1665. 

— — 1^ — —' 

9 June. 

Pkenoe, 

Gon". 



*Jltt the Court of Assistants hnlden att Plymouth the first Day of i August. 

Mgust, 1665. [*10'='-] 



Before Thomas Prence, Gou"", 
Wiliam CoUyare, 
Josias Winslow, 

Assistants, &6. 



Thomas Southworth, and 
Wiliam Bradford, 



ATT this Court, Edward Williams, att the request of the Court, engaged 
. to pay vnto Ann Crooker, widdow, the sume of forty shillinges in good 
cloth, att a reasonable rate, which hee giueth vnto the said widdow, to bee 
forth with deliuered vnto her or her assignes att his returning home ; which 
hee doth in consideration of her poor condition, and that it bee a finall end 
of aU controuersyes between the said Ann Crooker and the said Williams 
conseming her sonne, Moses Crooker. 

In reference vnto a horse in controuersy between Major Winslow and 
Ephraim Tinkham, the Coiut haue ordered, that the said horse bee forthwith 
deliuered vnto the said major, and to run vpon his ground vntill the next 
October Court to bee holden att Plymouth aforsaid, causualties excepted, and 
then to cause him to bee brought to the Court, and that then all such eui- 
dences as can bee procured bee produced for the clearing vp of the right 
owner. 

Memorandum : that M' Eames, Seni'', Nathaniell Warren, James Clarke, 
and Edward Williams had the sight of the said horse, and did affeirme, that, 
according to theire judgments, he was then three yeares and advantage. 

In reference vnto John Dunham the younger, for his abusiue carriage 



104 



PLYMOUTH COLONY EECOEDS. 



1665. 

1 August. 

Pbbnce, 

Gov''. 



Beleased. 



U 
20 



towards Hs ■wife in continuall tiranising ouer her, and in Jticulare for his late 
abusiue and vnciuill carryage in endeauoring to beate her in a deboist manor, 
and for afirighting of her by drawing a sword and pretending therwith to offer 
violence to his life, hee, the said Dunham, is sentansed by the Court to bee 
seuerly whipt ; but through the importunitie of his wife, the execution of 
the said centence was respeted for g>sent vntlU the Court shall take further 
notice of his future walking, and then to doe therin as occation shall re- 
quire ; and for the preuension of future euill in the like kind, the Court sees 
cause to require securite for his good behauior vntiU the next Generall Court, 
and soe from Court to Court vntill the Court shall see cause otherwise to 
order. 

John Dunham the younger acknowUdgeth to owe vnto 
our soil lord the Kinge the suine of 

Gorge Bonum the suine of 06 ; 

Benajah Pratt the sume of 06 ; 

Jonathan Dunham the sume of 06 ; 

The condition, that if the said John Dunham bee of good behauior 
towards our soQ lord the Kinge and all his leich people, and in pticulare 
towards his wife in reforming his former abusiue carryage towards her both 
in word and deed, and appeer att the Generall Court of his ma*'" to bee holden 
att Plymouth the first Tusday in October next, and not depart the said Court 
without lycence ; that then, &6. 

Att this Court, John Arther appeered, according to summons, to answare 
for abusiue speeches and for entertaiaing of the wife of one Talmon and the 
wife of "Wiliam Tubbs ; but the said Arther pretending hee could procure 
euidence to cleare him in some of the pticulares charged, hee, engageing to 
appeer att October Court, is for the ^sent released. 

The Major "Winslow, Anthony Snow, John Bourne, and Wiliam Paybody 
are appointed by the Court to rectify a difference and controuersy between 
Moses Simons and Samuell Chandeler in reference vnto the bounds of theire 
lands where they now inhabite in Duxburrow. 



00:00 

13:04 
13:04 
13:04 




COUKT ORDERS. 105 



*Alt the Court held att Plymouth the third Day of October, 1665. 1665. 

Before Thomas Prence, Gou', Thomas Southworth, 

Wiliam CoUyare, Wiliam Bradford, and 

JohnAlden, Thomas Hinckley, [*108.] 

Josias Winslow, 

Assistants, &6. 

THIS Court haue appointed John Pecke, John Allin, and John Woodcocke, 
of Rehoboth, to adminnester on the estate of Richard Ormsbey, late 
deceased att Rehoboth, to pay all due debts due and owing vnto any pson or 
psons fi-om the said estate, soe farr and by proportion as the estate will 
amounte vnto, and to bee reddy to giue in a just account therof vnto the Court 
when required by them. 

The Court doth alow vnto Sarah Ormsbey, widdow, the best bed that Att this Court, 
shee hath, with a boulster and a paire of pillowes, a paire of sheets, a paire ti„n was made 
of blanketts, and the best rugg or couerlidd that was left, and curtaines and *^^* '^ ""^ '^^'^ 

lay any claime 

vallence to the bed, and all her owne wearing apparrell. to any due debt 

M"" Josepth Tilden and Jeremiah Hatch are alowed and appointed by the of juchard 
Court to bee guardians vnto Nathaniell Man : and John Cowine is required '^""^^^y- ^^'^7 

^ ■*■ are to come lu 

by the Coui-t to surrender him vp to theire dispose as his guardians. betwixt this 

A judgment of eight shillings and the charges of the summons is first of October 
awarded by the Court to bee payed by Abraham Jackson to Wiliam Nelson, "''^'" 
in reference and for the ending of a controuersy betwixt the said pties about 
the keeping of two cattle some time the latter end of the last winter. 

In reference vnto a controuersy betwixt John Smith, Morris Truant, and 
Richard Child, conserning a bargaine about the building of a house, the Court 
haue ordered, that the said Smith shall finish the said house according to his 
bargaine, and that the said Child doe prouide diett for him dureing the time 
hee is about it ; and wheras the said Truant, by a wronge attachment serued 
on the said Smith, and by detaining of his tooles, and by neglecting to supply 
him with boards and nailes suitable to the finishing of the said worke, and diet 
when hee was about it, and that hee, the said Smith, hath bine att considera- 
ble charge for witnesses in reference vnto the said controuersy, the occation of 
which trouble and charge hath mainely arisen by the said Morris Truant his 
meanes, the Coxut haue awarded him to pay vnto the said John Smith the 
sume of forty shillings. 

M"" Thacher, M"^ Hawes, and Robert Denis are appointed by the Court to 
receiue the excise on liquors, &6, att Yarmouth, this yeare. 

VOL. IV, 14 



106 



PLYMOUTH COLONY KECOKDS. 




1665. tres of adminnestration are graunted vnto Thomas Roes, of Scittuate, 

and his wife, to adminnester on the estate of Jonas Pickles, deceased. 

These ^sents witnesses, that the abouenamed Thomas Roes engageth 
before the Court, that if incase God giue him any children, that when hee 
dieth hee will leaue that estate which God giues him to bee equally deuided 
amongst the children of Jonas Pickles and his in equall proportion ; and 
incase hee die without any child of his owne before his wife, hee will leaue his 
estate vnto his wife to bee disposed of by her ; and Jikewise hee doth engage, 
that if his wife die before him, that hee will dispose of a considerable pte of his 
estate to the children of the said Jonas Pickles as the Court shall thinke meet. 

Jtres of adminnestration are graunted vnto ^ , the wife of Leifte 
James Torrey, deceased, to adminnester on his estate, and hath giuen securitie 
to the Court for her true adminnestration thereof. + 
[*109.] *JAtt this Court Ensigne John Williams appeered, being sumoned to 

answare the complaint of M' Barnabas Laythorp, in the behalfe of his sister, 
the wife of the said Williams, whoe complaned of the said Wilhams of vnkind, 
churlish, and vnworthy behauior in seuerall respects towards his wife ; shee 
being alsoe in Court, appeering according to sumons, and pleaded her innosensy 
in such thinges as were by him layed to her charge, especially in reference vnto 
the child lately borne of her body, affeirming before her and vnto him in the 
Court that the said child was his, begotten by him, the Court beingj 

John Shelley, for ployning a quantitie of liquors from M' Barnabas 
Laythorp aboard his barque, is centanced to sitt in the stockes att Barnstable 
on a training day for the space of three houres ; and for his telling a lye in 
his examination about it, hee is sentanced, according to the law, to pay ten 
shillings to the vse of the coUonie. 

James Cudworth, Juni', for comiting carnall copulation with his wife before 
marriage, is fined, according to the law, fine pounds to the vse of the coUonie. 

Sarah Ensigne, for coiniting whordorae agreuated with diuers cercom- 
stances, was centansed by the Court to bee whipt att the cartstaile ; and that 
it bee left to the descretion of such of the majestrates as shall see the said 
punishment inflicted for the number of stripes, but not to exceed twenty, which 
accordingly was inflicted this Court. 

John Barnes, being lately detected of being twise drunke, is fined twenty 
shillings. 

Gyles Rickard, Seni"', for suffering John Barnes to bee drunke in his 
house, is fined fine shillings. 

Thomas Lucas, for being drunke, fined ten shillings. 

Thomas Phelpes, for telling of a lye, fined ten shillings. 



COURT ORDERS. ]07 

James Cole, Seni', for suffering Richard Dwelley to bee drunke in his 1665. 
house, fine fiue shillings. "^ "^ 

M"^ Paine, Leifi Hunt, and Wiliam Brett, for none appeerance as depu- prence 
ties att this Court, fined each twenty shillings. ^°^''- 

SamuU Edson, for none appeerance att the Court, being summoned to 
serue on a jury, fined „ ^ 

Ordered by the Court, that Thomas Huckens and Josepth Laythorp bee 
required either to pay theire excise or to repaire to the Court to giue a reason 
of theii-e refusing to doe it. 

In reference vnto the ^sentment of Edward Sturgis, Seni', for swearing 
falsly, the Court, considering the invalliditie of one of the witnesses, doe not 
see reason to judge him guilty of swearing falsly, although they conceiue bee 
might haue bine more considerate in his apprehensions, as deeming the boat 
might bee affloat, and hee not see it. 

*Wheras John Williams, Juni"^, appeered before the Court held att Plym- PllO.l 
outh the seauenth of June last past before the date heerof, to answare for his 
disorderly Kueing with his wife, and his abusiue carriages towards her both in 
words and actions, in speciall his sequestration of himselfe from the marriage 
bedd, and that notwithstanding the Court then tooke such order about it as 
was judged meet for ^sent, yett the said WilUams not attending that due 
reformation expected from him, wherby M' Barnabas Laythorpe hath seen 
cause, in the behalfe of his sister and those related to her, to reuiue the former 
complaint, with some aditionall charges ; to which the said Williams, though 
seeming to desire the tryall of such his guiltines or not guiltines might bee 
put on a jury of his peers, yett afterwards refrised it when graunted to him 
by the Court ; this Court, being earnestly desirous of a renewed closure of 
his hart and affections to his wife, and that his future conversation with her 
might bee better then his former, were willing to extend what lenitie might 
bee, and in reference thervnto, with exhortation of him to amend his wayes 
respecting the ^mises, hee was released att the ^sent. 

Notwithstanding, the wife of the said Williams, in reference vnto diuers 
scandulous reports cast abroad conserning her, desired that open proclamation 
might bee made in the Court tending to the clearing of her name, which 
accordingly was done as followeth : — 

Wheras Elizabeth, the wife of John Williams, hath bine openly traduced 
and scandulised in her name, and by false reports and reproaches rendered as 
if shee were a dishonest woman, and that the child shee brought forth into the 
•world was not legitimate, these are to declare openly before the countrey, that 
the Court, haueing had sundry occations to heare and examine pticulars sun- 




108 PLYMOUTH COLONY KECORDS. 

1665. dry times relateing to the finises, can find noe cause of blame in her in such 
respects, but that shee hath behaued herselfe as one that hath faithfully 
obserued the bond of wedlocke, and that shee and her frinds hath bine much 
wronged by such reports. 

M' Anthony Thacher is authorised by the Court to make contracts of 
marriage in the townshipe of Yarmouth, and likewise to adminnester an oath 
to any witnesses for the tryall of a case as occation may require within the 
said townshipe, and likewise to adminnester an oath to giue euidence to the 
grand enquest as there shalbee occation within the said township. 

John "Williams, Juni', is alowed & appointed by the Court to bee 
guardian vnto John Barker, and is required by the Court to bringe him vp 
in a way of education and learning, soe as may bee to his advantage and 
healp when hee comes to bee of age, by puting him forth to a trad, &6. 

[*111.] *Orders and Conclusions, with seuerall Graunts of Lands, made, ordered, 
graunted, and concluded att the second Session of the Generall Court 
begun the seauenth Day of June last, adjourned vnto this f>sent Day, 
being the eleuenth of October, Anno Dom 1665. 

Wheras, in regard of the remote distance of our honored GoQ his former 
habitation, and being the countrey saw reason to desire and request his re- 
mouall vnto the towne of Plymouth for the more conuenient adminnestration 
of justice, and that, by Gods prouidence hee is now remoued to his great 
inconvenience and detriment, — 

This Court haue ordered, and doe vnanimously agree to alow vnto him the 
suine of fifty pounds a yeare soe longe as hee shall remaine in the place of GoQ. 

And wheras hee is resedent in a place purchased by the countrey for that 
end, this Court haue likewise ordered, that incase hee shall decease att any 
time whiles hee is in the place of Goii and inhabiting the said seat or being, 
that then his family shall and may without molestation continew in the said 
place or seate for the full tearme of one yeare after his decease att the least ; 
and likewise, that incase there should bee any alteration that any other should 
bee chosen to the place of Goii whiles hee liueth, that hee shall and may, 
notwithstanding, remaine in the said place without molestation for the full 
tearme of one yeare after such alteration att the least. 

In regard of the many occations that Captaine Soutworth hath bine 
imployed about in the behalfe of the countrey, wherby hee hath bine much 
hindered in his owne occations, to his great lose and detriment, the Court haue 
alowed him the suine of ten pounds. 

This Court hath ordered, in reference to the building of the Eehriuer 



COURT ORDERS. 



109 



bridge, that thirty pounds bee by the countrey alowed towards the same, the 
eight pounds akeddy payed being a pte ; and if when the worke is done it 
doe appeer by a faire account that it hath bine much more chargeable, the 
Court doe engage to doe what further may be judged meet. 

Wheras formerly Richard Bourne and Wiliam Bassett were appointed 
by the Court to purchase a pcell of land desired by Thomas Butler, and that 
it doth appeer vpon tryall that the Indians will not pte with it, a farther lib- 
ertie and order is graunted to the said Richard Bourne and Wiliam Bassett, 
in the behalfe of the said Thomas Butler, to purchase other land desired by 
him, and that they make reporte therof to the Court, that they may doe therin 
as they shall see meet. 

John Smith and John Russell, of the towne of Dartmouth, are appointed 
by the Court to make enquiry concerning some damage done to some Indians 
without the bounds of Acushenah by the horses of the English on the east 
syde of Acushenah, and to settle the said controuersy by takeing course for 
the satisf3dng of such damage as shall appeer vnto them. 

Cornett Studson and Wiliam Paybody are appointed and requested by 
the Court to haue the ouersight of the worke in the rebuilding of the bridge 
att Jonses Riuer, intended and ordered to bee done by the countrey. 

•The Treasurer, John Cooke, and ISTathaniel Warren were appointed by 
the Court to treat with Phillip the sagamore about the sale of such lands as 
are to bee sold by him, and to purchase them in the behalfe of the countrey. 

The major, the Tresurer, Cornett Studson, and Nathaniell Warren, or 
any three of them, are deputed by the Court to make sale of such lands as 
belonge to the countrey, not exceeding aboue eight hundred acrees. 

Libertie is graunted ynto M"^ John Alden, that if hee can find a portion 
of land fitt for accoinodation, ether that hee may purchase it or that two of the 
other majestrates shall purchase it for him. 

Wheras the Court haue formerly impowered Cap? Thomas Willett to 
purchase of the Indians certaine tracts of land on the north of Rehoboth 
towards the Bay line ; the which hee hath done, and is out of purse some 
considerable sume of money for the same ; this Court haue appointed the 
honored GoQ, the Major Winslow, Cap? Southworth, and M' Constant South- 
worth to treat with Capt Willett concerning the said purchase, and haue 
impowered the abouenamed comittee to take notice of what hath bine pur- 
chased by him, and what deeds hee hath, and what his disbursments haue 
bine for the same, and haue alsoe impowered them to settle vpon him such a 
proportion of the said lands as may appeer to bee equall vpon any graunt to 
him, and to accoinodate the towne of Rehoboth respecting an enlargment of 



1665. 

3 October. 

Pkenoe, 

Gou". 



[*112.] 



110 PLYMOUTH COLONY KECORDS. 

1665. theire towne, as the Court haue promised, and to take such course consendng 
"~ ■^ "^ the remainder as that hee may bee reimbursed of his just due, and those lands 

S October. , , -, , , ^ 

Peence ■"^^y settled by the Court. 

<5°""- In reference vnto the request of the Kinges cofQissioners, in the behalfe 

of Leiftenant Peregrine White, desireing that the Court would accomodate him 
with a portion of land, in respect that hee was the first of the English that 
was borne in these ptes, and in answare vnto his owne petition prefered to 
this Court respecting the fmises, — 
Of this graunt The Court haue graunted vnto him two hundi-ed acrees of land lying and 

see more in the . _ . -r, • -,~ it> t • i 

great booke, being att the path that goes from xsridgwater to the xJay, adjoyning to the 

folio 87, named g J-^g^ 
Euidenoe of •' 

Lands en- Threescore acrees of land, with four acrees of meddow, and a certaine 

smale iland att a place called Patonumatucke, is graunted by the Court vnto 
Josias Cooke. 

One hundi'ed and fifty acrees of land are graunted by the Court vnto the 
three sisters, the daughters of Roger Chandeler, deceased, vizj, to each of 
them fifty acrees, lying between the Bay line and the bounds of Taunton, 
according to the desire of John Bundey. 
[*113.] *Two hundred acrees of land is graunted vnto the four younger sonnes 

of Leiftenant James Torrey, lying aboue Waymouth, neare vnto the line of 
the Massachusetts, to bee att the disposing of Captaine Wiliam Torrey for the 
good of the said children, according to a petition prefered to the Court to 
that purpose. 

In answare vnto the petition of Thomas Little and Josias Keane, the 
Court haue graunted vnto them libertie to looke out for a portion of land for 
theire accoiiiodation ; and incase they can find it, the Court haue graunted 
vnto each of them one hundred acrees of land, vizj : vnto Thomas Little one 
hundred acrees in reference vnto land surrendered vp by him att Manomett 
Ponds, and vnto Josias Kean one hundred in respect vnto his great nessesitie. 

The Court haue graunted vnto Ensigne Eames and vnto Isacke Chetten- 
den, to each of them, a hundred acrees of land lying and being neare vnto 
Accord Pond, vizj, that which some of Hingham formerly refused. 

M"^ Thacher, M"" Howes, and Robert Dennis appointed by the Court to 
looke after the order about the excise in the towne of Yarmouth. 

Letters of adminnestration are graunted vnto Ann, the relect of Leiften- 
ant James Torrey, late of Scittuate, deceased, to adminnester on the estate left 
by him, the said estate being left in her hand to be improued for the bringing 
vp of theire children, both whiles shee remaines a widdow and afterwards, if it 
please God to alter her condition, and for that end haue impowered M' Joseph 
Tilden and Walter Hatch to bee ouerseers therof. 



COURT OEDERS. 



Ill 



*Att the Court of Assistants held alt Plymouth the 2"""^ of 

December, 1665. 



Before Thomas Prence, Gou'^, 

Wiliam CoUyare, 

John Alden, 

Assistants. 



Thomas Southworth, and 
Wiliam Bradford, 



1G65. 



2 December. 

Pkenoe, 

Gou". 

[*114.] 



IN reference vnto a complaint against Abraham Jackson for corrupting 
of seueral barrells of tarr by puting of dirt into the same, the Court, 
takeing notice of diuers testimonies to euince the truth therof, doe judge that 
noe other could doe it, and therfore doe centance him to pay a fine of fine 
pounds to the vse of the collonie. 

And in reference vnto the complaint of Gyles Ricard, Juni', that hee 
hath lost foure barrells of tarr, and supposing that hee hath found them 
amonst the tarr of Abraham Jackson, the said tarr being attached and bound 
oner vnto this Court, the Court, hauing heard both pties conserning the same, 
and suspecting that the said tarr is the said Eicards, doe rec[uire securitie of 
the said Jackson to make further answare thervnto att the Generall Court of 
his ma*'° to bee holden for this goiiment the first Tusday in March next, 
vnless the said pties agree the case before that time ; which incase they doe, 
then theire said agreement to bee a finall end therof in reference to the Courts 
takeing any further notice therof. 

Abraham Jackson acknowlidgth to owe vnto our soQ lord the Kinge the 
suine of fine pounds. 

The condition, that if the said Abraham Jackson shall and doe appeer 
att the Generall Court of his ma"' to bee holden att Plymouth the first Tus- 
day in March next, to make further answare conserning foure barrells of tarr 
challenged amongst his tarr by Gyles Rickard, Juni', and not depart the said 
Court without lycence ; that then, &d. 

In reference vnto the complaint of Wiliam Hoskins against Eobert Ran- 
som, for calling him rogue and other abusiue tearmes, and alsoe for violent 
assaulting of him when hee was att his house and in his honest laboui-e, and 
for many threatening speches spoken by him against the said Hoskins, the 
said Ransome being by the Court admonished, and promising reformation, the 
said Hoskins rested satisfyed, and soe the matter was ended. 

In reference vnto the complaint of Hester, the wife of John Rickard, 
against Ann, the wife of Wiliam Hoskins, for slaundering her in saying the 
said Hester was as drunke as a bitch, and found in private companie in an 
ordinary with John Ellis, of Sandwich, the said Ann Hoskins acknowlidging 



Since this date 
Gyles Rickard, 
Juni', hath re- 
ceiued of Abra- 
ham Jackson 
four barrells oi 
tarr in refer- 
ence vnto these 
bonds, accord- 
ing to order of 
Court. 



112 PLYMOUTH COLONY RECORDS. 

1665. her fault in open Court in reporting such thinges, haueing noe sufficient 
' ' ■ ground soe to doe, the said Hester Eickard therin rested satisfyed, and soe the 

2 December. , , j , 

„ matter was ended. 

PB.ENCE 

Gotj=. ' Att this Court, Nathaniel Bacon, John Chipman, John Tompson, and 

Trasterum Hull were approued by the Court to bee the select men of the 
towne of Barnstable. 

Att this Court, an Indian, called John, haueing bin comitted to prison 
for stealing of a gun and an axe from Wiliam Harvey, of Taunton, forasmuch 
as neither the said Harvey nor any other appeared att the Court to procecute 
against him, hee haueing bine longe in dui-ance and vndergon much hardship, 
hee was ordered by the Court to repaire to the said Harvey, and either by 
worke or otherwise to satisfy the wrongs done him by takeing away his said 
goods ; and soe the said John, with warning to doe soe noe more, was sett 
att libertie. 



166 5-6. *Jltt the Court of Assistants held att Plymouth for the Jurisdiction 
of JVew Plymouth, the sixt of February, 1665. 



- — , 

6 February. 

[*115.] 



Before Thomas Prence, Gouernor, & Thomas Southworth, and 

Josias Winslow, "Wiliam Bradford, 

Assistants. 

IN reference vnto the complaint of M' Samuell Arnold against M"^ Wiliam 
Thomas, for that hee charged him that in his catichisme hee had dehuered 
and taught horible blasphemy in teaching that Christ as God is equall with 
the Father, but as mediator the Father is greater than hee, although the 
testimonies doe not make out the extent of the charge, yett the Court doe 
adjudge, that it was great arogancy in M' Thomas to expresse himselfe as hee 
did in tearmes as of horible blasphemy vpon his meer apprehensions, and can 
not but owne that which M'' Arnold hath asserted to bee an orthodox truth 
conseirning the controuersy, and therfore doe aduise the said M' Thomas for 
the future to carry more soberly, and to bee willing to receiue the truth in the 
loue of it. 

A judgment of 01 : 10 : 11 was graunted vnto James Cole, Seni', against 
John Sutten, in reference to an apparent debt owing by the said 9utten to the 
said Cole ; the charges of the complaint is encluded in the abouesaid sume. 

In reference vnto the complaint of Nathanell Warren against James 



COUET ORDEES. 



113 



6 February. 

PllENCE, 

Goc^ 



Barnabey, vpon suspison that the said Barnabey cither burned a pcell of pyne 1 G 6 5-G 
knotes appertaining to the said Warren or that the said Barnabey concealed 
the burning of them, the Court haue awarded the said James Barnabey to pay 
01- cause to bee payed vnto the said Nathaniel Warren the snme of forty 
shillings. 

Leift Perigrine White, Ensigne Marke Eames, Anthony Snow, John 
Bourne, and Wiliam Foard, Seni"^, are approued by the Court to bee the select 
men of the towne of Marshfeild. 

M' Josias Winslow and Anthony Snow are ajiproued by the Court to bee 
gaurdians to two of the sonnes of Eobert'Waterman, deceased, vizj, Josepth 
Waterman and Kobert Waterman ; and supposing that Robert Waterman is 
vnder age, the Court appoints the said IM"^ Winslow and Anthony Snow to bee 
gaurdian to him, as aboue said. 

Memorandum : that Mistris Eachell Dauenport, with her arbetrator, 
refuseth to refer the controuersy now depending betwixt Thomas Little and 
her vnto an arbetration, but rather refers the case to the determination of 
the Court. 

In reference vnto the neglect of a Corut order in the towne of Sandwich, 
conserning bounding of each mans pticulare lands, the Court orders, that the 
said acte of Court bee obserucd with all convenient speed, and for that end 
three or four men bee deputed by the towne to see that the said order bee 
put in execution ; and incase it soe bee, that the forfeiture of theire former 
neglect bee remited. 

ters of adminnestration are graunted vnto Wiliam Hoskins ; and hee is 
lieerby authorised to adminnester on the estate of Nicholas Ilodgis, allies 
Miller, deceased. 



*^tt the Generall Court holden att Plymouth, for the Jurisdiction of o Mmch. 
Jfew Plymouth, the sixt of March, 1665. i ^^^■] 

Befoke Thomas Prence, GoQ, Thomas Southworth, 

John Alden, Wiliam Bradford, and 

Josias Winslow, Thomas Hinckley, 

Assistants, &(3. 

IN reference vnto an order of Court bearing date the third day of October, 
1665, wherin our honored GoQ, Major Winslow, Cap? Southworth, and 
M' Constant Southworth -were appointed to bee a coiiiiUcc In reference vnto a 
VOL. IV. 15 



134 



PLYMOUTH COLONY RE0ORJD8. 



1G6 5-G. 

6 March. 

PkENCE, 

Gou''. 



This bond is 
cancelled in 
open Court 
held att Plym- 
outh March the 
7", 1667-1668. 



certaine tract of land purchased by Captaine Willett on the north side of 
Eehoboth, which said order impowereth the said coiliittee to dispose and settle 
a proportion of the said lands on the said Cap! Willett as they shall thinke 
meet, and doe therfore settle and confeirme vnto him foure or hue hundred 
acrees of the said land, to bee layed out for him on the easterly side or end 
of the said land, to him and his heires for euer. 

Wheras Josepth Whiston, the eldest son of John "Whiston, of Scittuate, 
deceased, hath freely and absolutly made ouer and allianated his whole pte 
and share of land in Conihassett land, bee it more or lesse, vnto the rest of 
his brothers and sisters, the children of the said John Whiston ; and wheras 
the said land, as it is in its p>sent condition, is not like to conduce to the good 
and benifitt of the said children, these may certify, that with the free and full 
consent of the pties on each side interested, the Court hath giuen libertie vnto 
the said Josepth Whiston, with the healp of his father in law, Wilian* Brookes, 
and his vnkell, Edward Jenkens, to make sale therof for the vse and benifit 
of the aforsaid childi-en, and to bee disposed of vnto them by order from the 
Court in equall proportions, according as they or any of them are or shalbee 
of age to receiue theire pte therof. 

In reference vnto a purchase of land made by John Cooke, in the behalfe 
of some others, of a pte of the iland called Nakatay, the Court haue ordered, 
that incase those for whom hee purchased the said land doe not satisfy him 
for the purchase therof and other nessesary charges about it betwixt this date 
and the next June Court to bee holden att Plymouth, that the said land bee 
then made ouer to him for satisfaction of the said purchase and charges. 

In reference vnto a way desired by M"^ Howland to his house and land 
att Rockey Nooke, the Court haue ordered, that in due and convenient time 
a jury bee impanneled to lay out the said way. 

These ^sents witnesseth, that Capt James Cudworth and M"" Josepth 
Tilden doe by these p>sents stand bound vnto the Court of Plymouth, in New 
England, in the suine of ten pounds, joyntly and seuerally, in reference vnto 
a psell of coopers stuffe and bolts attached on Conahassett land, that they 
haueing libertie £i-om the said Court to dispose of the said stufFe and bolts, 
that incase any other shall or doe appeer betwixt this date & the Court of his 
ma*'^ to bee holden att Plymouth the first Tusday in June next, and can make 
proffe that they are belonging to them, if then the said Captaine Cudworth 
and M' Tilden bee in a reddynes and doe make satisfaction for the said stuffe 
and bolts to such as shall soe cleare vp theire right thervnto, that then this 
engagement to bee void, or otherwise the said suine of ten pounds to bee pay- 
able to the Court vpon theire demaund. 



COURT ORDERS. 



115 



sworne, i 



' M"^ Josias Winslow, Seni"^, 
Cornett Robert Studson, 
Christopher Wadsworth, 
Wiliam Harlow, 
Samuell Dunham, 
Josepth Warren, 



sworne, 



Edward Jenkens, 
John Turner, 
Wiliam Sabin, 
Leift Hunt, 
Gyles Eickard, Juni"', 
Benajah Pratt. 



These found the said Thomas Starr guilty of the said fact ; and therfore 
hee "was centansed by the Court to pay a fine of fiue pounds to the vse of the 
countrey. 

Att this Court, M'^ Anthony Thacher complained against Thomas Starr, 
Jonathan Barnes, and Abraham Hedge for abusiue carriages towards him in 
his house ; in reference whervnto the said Starr, Barnes, and Hedge were sen- 
tanced to pay vnto the said M' Thacher the sume of fiue pounds, vizj : the said 
Thomas Starr the suine of forty shillings, Jonathan Barnes the sume of forty 
shillings, and Abraham Hedge the suine of twenty shillings ; and in refer- 
ence vnto theire rietus carriages att the same time in breakeing the Kings 
peace, for the which bonds was taken of each of them vntill this Court, the 
Court sentanced them to bee coimitted to prison, and theire to remaine during 
the pleasure of the Court ; which accordingly was pformed, and the next day 
after their coinittment were sett att libertie, and theire bonds deliuered to 
them. 

And in reference vnto the said Thomas Starr and Jonathan Barnes theire 



6 March. 

Peence, 

Gou". 



Att this Court, Quachattasett, the Indian sachem, of INIannomett, came 16 6 5-6. 
into the Court, and owned that Nanumett and Nocroft, two other Indians, 
haue a pte in INIannomett old feild ; and hee doth heerby engage not to make 
sale therof from the said Indians, and that they shall haue libertie of wood 
and timber for fiering and other vses out of the bordering woods to the said 
feild ; and it was mutually desired by the said Quachattasett and the said 
Indians, that the ^mises should bee heer recorded for theire securitie. 

*In reference vnto the complaint of Mistris Howes against Edward Stur- 
gis concerning a pcell of sturgion eould by some Indians vnto her, the Court, 
finding vpon examination that the said sturgeon was not deliuered vnto her 
according to agreement, doe order, that the said Indians bee required by order 
of Coui't to make satisfaction vnto her for the same. 

Att this Court, Josepth Howes, the constable of Yarmouth, complained 
against Thomas Starr for opposing him and vseing threatening speeches to 
him in the execution of his office ; the said Starr desiring to haue the case 
trved by jury, a jury was impanuelled, whose names are as foUoweth : — 



[nil.] 



116 



PLYMOUTH COLONY RECOEDS. 



6 March. 

Prence, 

Gou". 



166 5-6. abusiue carriage to Francis Baker att the same time, they, the said Starr and 
Barnes, were sentanced by the Court to pay vnto the said Baker, each of them, 
the surne of twenty shilKnges. 

And in reference vnto the said Francis Baker and John Casley theire 
breach of the peace att the same time, they were fined by the Court, each of 
them, the suiiie of three shillinges and four pence to the vse of the collonie. 

And wheras Elislra Hedge hath giuen testimony that the said Baker and 
Casley were drunke att the same time, incase any concurrant testimony shall 
appeer to cleare vp the truth therof, they shalbee lyable to suifcr the penaltie 
of the law for the same. 

Wiliam Honywell, haueing bine comited to jayle on suspision of bug- 
gery with a beast, att this Court was examined concerning the same, and stifly 
deneyed it ; and wheras noe sufficient euidence appeered to convict him of the 
said fact, hee was sett att libertie. 

John Barrow, for refusing to giue euidence before a majestrate in refer- 
ence to the grand enquest, was fined ten shillings. 

Benjamine Eaton, for the same default agreuated by cercomstances, find 
the suiiie of forty shillinges to the vse of the collonie. 

*Wheras John Robinson, of Saconesett, hath bine convicted of some 
laciuious speches and actions manifested towards Francis, the wife of Thomas 
Crippen, the Court saAv reason to require bonds of him for his good behauior, 
as followeth : — 

John Robinson acknowlidgeth to owe vnto our soU 



[*118.] 



Released. 



lord the Kinge the sume of 



J 



■20:00:00 



Isacke Robinson the suiiie of 10 : 00 : 00 

Robert Dennis the suiiie of 10 : 00 : 00 

The condition, that if the said John Robinson bee of good behauior 
towards our soQ lord the Kinge and all his leich people, and especially 
towards Francis, the wife of Thomas Crippin, and appeer att the Court of his 
ma"" to bee holden att Plymouth the first Tusday in June next, and not 
depart the said Court without lycence ; that then, &d. 

Wheras Thomas Crippin hath bine convicted before the Court of laciui- 
ous speeches tending to the vpholding of and being as a pander of his wife in 
lightnes and laciuiousnes, the Court saw reason to requii-e bonds of him for 
his good behauior ; and wheras the said Crippin could not procure surties, hee 
hath and doth by tlijese JJsents bind ouer vnto the Court, in the behalfe of his 
.ma«% the valine of forty pounds out of his estate, as followeth, vizj, two 
mares, one cow, two yearling heiffers, two tweumonthing steers, and soe much 
(Of his otli^r estate as will make vp the said sume. 



COURT ORDERS. HT 

The condition, that if the said Thomas Crippen bee of good behanior 1 6 G 5-6. 
towards our soQ lord the Ivin£;e and all his leich people, and appeer att the '^ "^ 

. . 6 March. 

Court of his ma'"^ to bee holdeu att Plymouth the first Tusday in June next, p^ence 
and not depart the said Court without lycence ; that then, &(5. °'"'"- 

' ^ , Keleased. 

W heras Jonathan Hatch hath blue convicted of vnnessesarie frequenting 
the house of Thomas Crippin, and therby hath giuen occation of suspision of 
dishonest behanior towards Francis, the M'ife of the said Crippin, the Coiu't 
hath admonished him and warned him for the future not to giue such occation 
of suspision as aforsaid by his soe frequently resorting to the said house or 
by coming in the companie of the said woman, as hee will answare it att 
his prill. 

Willam Sabin, being ;Psented for pound breach, fined 03 : 10 : 00 

Gorge Barlow, for being drunke the 2"°°^ time, fined . 10 : 00 

John Crow, the son of Yeluerton Crow, for breach of 



.,. r , m -, n , . 03 : 04 

the peace m striking John iayler, fined 

The Coru't aloweth ynto Gyles Rickard, Junl'', from Abraham Jackson, 
ten shillings for charges in reference to a psell of tarr of late in controuersye 
betwixt them. 

Isacke Chettenden is alowed by the Court to draw and sell wine and 
liquors and to keep an ordinary in the towne of Scittuate. 

The select men of the towne of Yarmouth approued by the Court are 
M"^ Anthony Thacher, M"^ Edmond Hawes, James Mathewes, John Miller, 
Josepth Howes. 

Letters of adminnestration are graunted vnto Gorge Watson to admin- 
nester on the estate of Mistiis Margarett Hickes, deceased. 

Lres of adminnestration are graunted vnto Mistris Mary Howes to 
adminnester on the estate 'of M'^ Thomas Howes, deceased. 

Att this Court, John Williams was discharged from being ensigne bearer 
of the milletary companie of Scittuate. 

•These may certify to whom it doth conserne, that by mutuall consent [*119.] 
and agreement between Richard Chadwell and Gorge Allin, the Avay is made 
that was in controuersy between them, that is, from the coiiion neare the said 
Richard Chadwells now dwelling house to the said Gorg Allins now dwelling 
house, and soe to Musett, and by theire agreement to continew for euer, pro- 
uided, that wheras Richard Chadwell hath bine willing for peace sake, and 
that loue might bee amongst them, they being soe neare dwellers, to make the 
way att the entery att the vper pte ouer a peece or pcell of dunge ground, 
beino- a choise place, where the said Richard Chadwell had yarded his cattle ; 



118 



PLYMOUTH COLONY KECOKDS. 



1 6 G 5-6^ know this, that hee hath reseruecl to himselfe or his assignes, to take and carry 
away att his pleasure, by cart or otherwise, soe much of the ground in that 
said way as shalbee good for the manuring of his said land ; alsoe, the desire 
is, that this theire acte and deed about the said Avay may bee em'owled in our 
Court booke att New Plymouth. 

Witnes, EDMOND FREEMAN, Seni^ 

Sandwich, dated the 4"" of July, 1665. 



6 March. 

Prexce, 

Gou". 



See June 
Court, 166-5. 



The rates for the countrey charges of this yeare, as they were leuied on 
the seuerall townes of this jiuisdiction, are as followeth, viz^^ as to the suine 
of one hundred and ten pounds, being a pte of one hundred and fifty pounds 
ordered by the Court, June 7% 1665, to bee leuied as aforsaid, the suiiiie of 
forty pounds therof bee leuied and payed in money soone after the said order 
was concluded, — 

Plymouth, 10 : 03 : 06 

Duxborrow, 09 : 05 : 02 

Scittuate, 16 : 12 : 09 

Sandwich, 09 : 05 : 02 

Taunton, 09 : 05 : 02 

Yarmouth, 07 : 17 : 11 

Eehoboth, 13 : 17 : 09 

Eastham, 07 : 08 : 06 

Sowams, 04 : 02 : 06 

Dartmouth, 05 : 10 : 00 



111:09:10 



The Rate for the Officers "Wages. 



Plymouth, 

Duxburrow, 

Scittuate, 

Sandwich, 

Taunton, 

Yarmouth, 

Barnstable, 

Marshfeild, 

Eehoboth, 

Eastham, 

Dartmouth, 

Sowams, . 



03 : 14 : 00 
03 : 07 : 04 
06 : 01 : 00 
03 : 07 : 04 
03 : 07 : 04 

02 : 17 : 04 

03 : 14 : 00 
02 : 17 : 04 
05 : 01 : 00 
02 : 14 : 00 
02 : 00 : 00 
01 : 10 : 00 



COUET ORDERS. 119 

*Att the Court of Assistants holden att Plijmouth the first of May, 1 G 6 G. 

1 May. 
Pbence, 

Befoee Thomas Prence, GoQ, Thomas Southworth, ^ *^°" '■ 

John Alden, "VYiliam Bradford, and 

Josias Winslow, Thomas Hinckley, 

Assistants, &d. 



[*120.] 



MR CONSTANT SOUTHWORTH and Richard Bourne are requested 
and appointed by the Court, in due and convenient time, to repaire to 
a certaine place neare vnto Mannomett, called Penquine Hole, for to view and 
purchase a certaine psell of land in reference vnto the accoiiiodation of Wiliam 
Paybody, in liew of a psell of land relinquished by him vnto the countrey, 
lying att Taunton Riuer, incase hee can bee acomodated in a valluable way in 
the former place. 

In reference vnto a deed surrendered vp vnto our Court by Leiftenant 
Holbrooke, of Weymouth, made and giuen by Josias Wampatucke and Web- 
cowett vnto Serjeant Thomas Streame, for the lease of a certaine tract of land, 
for the gratifycation of the said Leift Holbrooke, and in reference to his free 
acknowlidging therof, the Court hath graunted vnto him one hundred and 
twenty acrees of land. 

And wheras the Court haue graunted vnto the children of LeifE Torrey, This was 
of Scittuate, deceased, two hundred acrees of land, att the request of Captaine the'foure^'^ " 
Torrey, the Court hath appointed John Jacob, of Hingham, and John Whit- youngest 

sonnes of the 

marsh, of Weymouth, to lay out the said lands within the bounds of the tract said Leiftenant 
' of land the said deed of lease expressed, and alsoe to lay out the said graunt g^^ ^-^^ actes 
of land vnto Leift Holbrooke att or neare the said place likewise. °^ October 

Court in this 

Wheras Mistris Eachell Dauenport and Thomas Little haue refered vnto booke, anno 
the determination of this Court a controuersy or difference between them 
respecting rents due since the said Little entered vpon those lands that were 
somtimes the lands of Major Wiliam Holmes, and haue agreed that this Courts 
determination shalbee a finall issue between them respecting the ^mises, — 

Wee, haueing seriously weighed and considered the matter, doe judge, 
that although rent was indeed sued for and buildinges, yett the jury that had 
it before them did not greatly consider of any thinge but the title of the land, 
and soe did neither prouide to secure Goodman Little respecting his building 
and improuement on that land nor determine conserning rents by her claimed, 
and are satisfyed that the ptyes themselues did see vnderstand, as appeers 



120 PLYMOUTH COLONY RECOKDS. 

1666. by theire since puting it to arbetration and vpon other grounds ; and, vpon 
^^ ■'^ ' the other side, considering the lands as they were wast in respect of buildinges 

1 May. . " . , , , 

Fbence ^^^ fences, and the meddowcs sofathmg damnifyed, the rent must needs bee 
Gou". much the lesse, and takeing notice, alsoe, that the one halfe of her claime is 
satisfyed by her agreement with Josias Kcine, wee doe award, that Thomas 
Little pay vnto Mistris Dauenport abouesaid or her order, as full satisfaction 
for all claimes and demaunds of rent of the said lands, fifteen pounds in good 
and current pay, the one halfe att present att or before the first of June next, 
and the other halfe att or before the 20"^ day of May, in the yeare 1667. 

Wheras, by an order of Court bearing date the first of August, 1665, 
Major Winslow, Anthony Snow, John Bourne, and Wiliam Paybody were 
/ appointed and impowered to issue a difference between Moses Simons and 

Samuell Chandeler in reference to the bounds of theire lands where they 
now dwell ; in order thervnto, wee, the aboue named, mett vpon the place 
on the 28**^ of March, 1666, and haueing seen both theire records, viewed the 
boimds on the out sides of both theire lotts, and heard what could bee said 
on both sides, wee judge there is a mistake in ranging Edmond Chandelers 
land north and by cast between Moses Simons and him, whcii as the other 
ranges on both sides are north and by west ; wee settled the range between 
from an old root in the corner of Moses Simons his orchyard, north and by 
west to a little walnutt aboue the orchyard, and thence to a stake and heap of 
stones, and soe vp to a great blacke oake marked on four sides north and by 
east and south and by west throughout. 

In witnes wherof wee haue heervnto sett our hands. 

JOSIAS WINSLOW, 
ANTHONY SNOW, 
JOHN BOURNE, 
WILLAM PAYBODY. 

In reference vnto the complaint of Abraham Jackson against Nathaniel] 
Warren, for detaining and not owning a barrell of tarr deliuered in by the 
said Jackson for the townes vse, after many passages about it, the said Nathan- 
iel Warren engaged, that incase Eichard Willis did prosecute an attachment 
against Peter Steuens for a debt due to him from the said Steuens and proue 
his debt, that then the said Warren would answare the said barrell of tarr. 

Eichard Willis stands bound vnto the Court in the suine of seauen 
pounds sterling to prosecute an attachment of seauen barrell of tarr against 
Peter Steuens att the Court of his ma*'" to bee holdcn att Plymouth the first 



COURT ORDERS. 121 

Tusday in October next, in reference vnto a debt due to him, the said Willis, 1 (J G (). 
from the said Steuens. ^~ '^ ~~' 

*"W"heras the Court haue ordered that Joneses Eiuer bridge should bee pjience 
repaired, and that, according to the Courts order, some lands haue bine sold Gou". 
for the defraying of the countreyes charges, these are to declare and order, L ■'■"'■'■•J 
that such suiiies as are due and payable to the countrey for the said lands soe 
sould bee heerby made ouer and assured by these gisents vnto M'' Constant 
Southworth, Treasurer, for the accomplishing of the worke in repaireing or 
building of the said bridge, or soe much of them as shalbee requisite for 
that end. 

Att this Court, John Williams appeered to make answare for his contin- 
ued abusing of his wife, by vnaturall carriages towards her both in words and 
actions, by rendering her to bee a whore, and for psisting on in his refusing 
to pforme marriage duty towards her according to the law of God and man ; 
and forasmuch as th^ said Williams desired to bee tryed in reference to the 
j^mises by a jury, the Court gaue him libertie soe to doe, either att this Court 
or att the Court to bee holden att Plymouth in June next ; the said Williams 
desu'ed it might bee att the last named, and heerby engageth to supply his 
wife in the mean time with money and other nessesaries which shee shall 
stand in need of, and hath expressed himselfe to bee willing that shee shall 
or may repaire to her frinds vntill then, and then and att that time to attend 
the issue of the case on the fift day of the said Court weeke. 

In reference vnto the complaint of Marshall Nash against the constables This is since 

T)tlVGd. 

of ]\Iarshfeild, for not paying pte of his sallary, the Court haue ordered him 
to buy soe much come as comes to ten shillings, and it to bee required of 
John Bourne, forasmuch as the cause of the said neglect of payment was 
caused originally by him. 

It being a mistake in the warrant respecting John Bourne, it is cleared 
since the abouesaid entery. 

VOL. IV. 16 



122 PLYMOUTH COLONY RECORDS. 

1666. *Jltt the Generall Court of Election holden att Plymouth the Jift 
' '' ' Day of June, 1666. 

5 June. 
Prence, 

Gou". Befoee Thomas Prence, Gou', Thomas Southworth, 

[*122.] WiUam CoUyare, Wiliam Bradford, and 

John Aldin, Thomas Hinckley, 

Josias Winslow, 

Assistants, &S. 



M 



K THOMAS PRENCE was chosen Gou'', and sworne. 



were chosen Assistants, and 
sworne. 



M"^ John Alden, 

Major Josias Winslow, 

Captaine Thomas Southworth, 

Captaine "Wiliam Bradford, and 

M' Thomas Hinckley, 
Likewise, M'' James Browne and Leiftenant John Freeman were chosen 
Assistants, but not sworne. 

Major Josias Winslow and Captaine Thomas Southworth were chosen 
comissioners. 

And M'^ Thomas Prence was the next in nomination. 

M' Constant Southworth was chosen Treasurer, and sworne. 

The names of the deputies chosen by the countrye out of the seuerall 
townshipes of this goQment to serue att this Court and the seuerall adjourn- 
ments therof are as foUoweth : — 

M' John Howland, JNathaniell Bacon,+ 

Leift Ephraim IMorton, + John Chipman,J 

M"^ Constant Southworth, ^Joseph Laythorp,+ 

Christopher Wadsworth, Ensigne Eames, 

Cornett Robert Studson, John Bourne, 

Isacke Chettenden, JM' James Broune,+ 

Eichard Boui-ne, JM' Stephen Paine,+ 

J James SkLfFe,J JLeiftenant John Freeman,* 

James Walker, JJosias Cooke,t 

Wiliam Haruey, JDaniel Cole,+ 
Edward Sturgis, John Willis, 

Elverton Crow, John Cooke. 



COUKT ORDERS. 

The constables of the seuerall townes of this jurisdiction are as fol- 

loweth : — 

Plymouth, Edward Gray. 

DuxbiuTow, John Rogers. 

^ Richard Dwelley. 

Wiliam Peakes. 

Sandwich, Henery Dillingham. 

Taunton, John Hall. 

Yarmouth, John Miller. 

Barnstable, Thomas Huckens. 

fWillam Foard, Juni"", 

Marshfeild, { ^ ^ ^^^. ^ 

(^Jonathan VVinsiow. 

rSamuell Carpenter, 

Rehoboth, < 

[ John Perrara. 

Eastham, Robert Vixon. 

Bridgwater, Daniell Bacon. 

Dartmouth, Wiliam Palmer. 



123 



1666. 



5 June. 

Phence, 

Gou". 



swome, < 



The grand enquest are as foUoweth : — 

Anthony Snow, 
Thomas Doged, 
M"^ AUexander Standish, 
Experience Michell, 
Josepth Aldin, 
Samuell Sturtivant, 
Samuell Fuller, 
Gilbert Brookes, 
Samuell Pecke, 
John Cushen, 
Hugh Cole, 



[*123.] 



swome, 



James Lewis, 
Jonathan Sparrow, 
Thomas Leanard, 
Henery Andrewes, 
Henery Vincent, 
Chaiies Stockbridge, 
Wiliam Spooner, 
John Thacher, 
Josepth Burgis, 
Job Bourne. 



The surveyors of the highwayes are as foUoweth : — 

Jakob Cooke, 



Plymouth, 



Duxburrow, 



Scittuate, 



Robert Finney, 

Thomas Lettice. 
r Josepth Wadsworth, 
[SamuU Chandeler. 

John Williams, Juni', 

Wiliam Barstow, 

Thomas Pincen. 




5 June. 

Prence, 

Gou". 



PLYMOUTH COLONY RECORDS. 

r Stephen Winge, 

^^^^-^'^^ iThomas Butler. 

rjohn Cobb, 
' I Samuell Williams. 

rSamuell Eider, Seni', 

Yarmouth, { „, „ , 

(^ ihomas (jadge. 

C John Dingley, 

Marshfeild, "i t • xr • 

I^Josias Keine. 

["Gorge Kenericke, 

' \ Richard Bowin. 

Eastham, 

Bridgwater, ^ 

Dartmouth, 



The Names of the Celect Men 

Plymouth : 

M' John Howland, 
Gorg Watson, 
Leiftenant Morton, 
Robert Finney. 

Duxburrow : 

Christopher Wadsworth, 
M"^ Josias Standish, 
Benjamine Bartlett. 

Scittuate : 

M"" Thomas Kinge, 
Cornett Robert Studson, 
Isacke Chettenden. 

Sandwich : 



in each Towne approued by the Court. 

John Miller, 

Josepth Howes. 
Barnstable : 

Nathaniel Bacon, 

John Chipman, 

John Tompson, 

Trusturm Hull. 
Marslifeild : 

Leiftenant White, 

Ensigne Eames, 

Anthony Snow, 

John Bourne, 

Wiliam Foard, Seni"". 
Rehoboth : 



Taunton : 

Gorg Hall, 
Richard Williams, 
Walter Dean, 
James Walker, 
Wiliam Harvey. 

Yarmouth : 

M' Anthony Thacher, 
M"^ Edmond Hawes, 
James Mathewes, 



Eastham : 

Leiftenant Freeman, 
Josias Cooke, 
Richard Higgens. 

Bridgwater : 

Nicholas Byram, 
Leiftenant Howard, 
John Willis. 

Dartmouth : 



COUKT ORDERS. 125 

*A'itt this Couit, Elizabeth, the wife of John "Williams, appeered with 1666. 
complaint against her husband, the said John Williams, for his great abusiue '~ >" ' 
and vnaturall carryages towards her, both in word and deed, in defaming her „ 
in rendering her to bee a whore, and by psisting in his refusing to pforme Gou". 
marriage duty vnto her according to what both the law of God and man L •'■•^'*-J 
requireth, which more att large appeereth by a writing vnder her hand. 

And wheras the said John Williams obtained liberty of the Court to 
haue the case tryed by a jury, accordingly a jury was impanneled for the tryall 
of the said case, whose names are as followeth : — 

John Tompson, Ephraim Tinkham, 

John Dingley, Gilbert Brookes, 

John Smalley, Robert Vixon, 

Trustrum Hull, John Done, 

John Joyce, John Washburne, 

John Pecke, John Howland. 
These all sworne. 

These found the abouesaid complaint to bee true or just. 

And accordingly the Court proseeded to pase centance against him as 
followeth : — 

Wheras Elizabeth, the wife of John WilUams, exhibited a complaint The first day 
against her said husband vnto the Coui't of Assistants held att Plymouth the 
first day of May last past before the date heerof, for many abusiue carriages 
towards her both in word and deed, by defaming her in rendering her to bee 
a whore, and psisting in his refusing to pforme marriage duty vnto her, as 
alsoe that hee hath not onely withheld nessesary comforts and conveniencyes 
suitable to her estate from her, but hath carryed bitterly towards her in many 
respects ; and wheras hee should haue bine a shelter and a protection vnto 
her, hath endeauored to reproach, insnare, and betray her, &8, as by that her 
declaration aboue mencioned is more att large expressed ; & that att the said 
John Wilhams his request the abouesaid complaint was att this Court put 
vpon tryall by a jury of his equalls, and a verdict brought in against him, and 
that they found her complaint to bee true or just, which did alsoe appeer. to our 
satisfaction by euidence, himselfe alsoe declaring his insufficiency for converse 
with weomen, — 

The Court, haueing seriously considered of the matter, doe judge, that 
it is not safe or convenient for her to line with her husband, but doe giue her 
liberty att ^sent to depart from him vnto her frinds vntill the Court shall 



126 



PLYMOUTH COLONY RECOEDS. 



5 June. 

Pkence, 

Gou". 



16 6 6. otherwise order or hee shall apply himselfe vnto her in such a way as shee 
may be better satisfyed to returne to him againe, and doe order him to appar- 
rell her suitably att the present, and furnish her with a bed and beding and 
such like nessesaryes, and to alow her ten pounds yearly to maintaine her 
while shee shalbee thuse absent from him, and for pformance heerof doe 
require that hee put in cecuritie, or that one third pte of theire estate bee 
cecured for her liuelihood and comfort. 
Att the earnest 2condiy_ Yor that hee hath greatly defamed and otherwise abused his said 

ri quest of his . t i i • i • i 

wife, this p'te wife as in the pmises, wee adjudge him to stand m the street or markett place 
o t ecentance ^ ^.^^ ^^^ -with, an inscription ouer him that may declare to the world his 

was remited J sr r 

and not exe- vnworthy carriages towards his wife. 

cuted. 

S'^'y. Inasmuch as these his wicked carryages haue bine contraiy to the 
lawes of God and man, and alsoe very disturbing and expensiue to this goQ- 
ment, wee doe amerce him to pay a fine of twenty pound to the vse of the 
collonie. 

In reference to the Coiu-ts centance of John Williams his fine, and the 
cecuring of one third of his estate towards his wifes maintainance, the Court 
orders the cheife marshall to make distresse on the goods of the said Williams 
for his fine to the countrey according as in such case by law is prouided ; and 
as to the cecuring of one third of his estate for his wifes maintainance or liue- 
lyhood, the Court orders, that incase hee refuse to sett out one third to his 
wifes order which is desired, or to giue her cecuritie for the payment of the 
ten pounds annually according to order, then the cheife marshall to see an 
equall deuision of the said estate, vizj, lands, goods, and chatties, into three 
ptes, which shalbee brought to his view or cognizance by Elizabeth, the wife 
of the said Williams, with the healp of Captaine Cudworth, Isacke Chetten- 
den, or any other of her naighbours ; and being soe deuided, to deliuer one of 
the three ptes vnto the said Elizabeth or her order, to bee desposed by her for 
the ends aforsaid ; the said marshall being to take care, in pformance of this 
his order, that it bee done in such a way as may bee least prejudiciall to the 
said estate. 



[*125.] *An Order sent to the Mllletary Company of Scittuate, as foUoweth. 

Gentimen : Wee haue taken notice of youer voate and nomination of 
the psons for ^sent management of youer milletary exercises and affected with 
youer condition, and must signify vnto you that wee judge that youer voate 
was very vnaduised, and with respect to Captaine Cudworth, directly against 
our aduise and such reasons as wee did expect might haue bine satisfactory ; 
and wee vnderstand that youer voate, although it did soe pas as it did, was att 



Goc". 



COURT ORDERS. 127 

that instant protested against by many sober and discreet psons amongst you, 1 6 G 6. 
and theire reasons layed downe ; and alsoe conserning M' Peirse, wee haue ^' "^ 

5 June. 

not to object concerning him but that hee is a stranger to vs, and doe therfore pkekce 
att psent order Serjeant John Damman to take that charge, whoe was next in 
nomination by youer owne voate, and will manage it to the best of his abilli- 
ties, and wee conceiue to a generall satisfaction as any that can bee proposed. 
Wee doe therfore expect that you doe peacably and reddily attend the same 
vntill wee may otherwise prouide for you ; and forasmuch as times doe 
threaten more then ordinary danger and trouble to the countrey, wee shall take 
the best care that in vs lyes for you, as for other townes of this goiiment, in 
that respect, & rest carefuU of youer peace and welfare, &d. 

Serjeant John Damman : These are to signify vnto you, that the Court 
haue and doe heerby order and appoint you to take the charge and coinand of 
the milletary companie of Scittuate vntill further order, requiring you to call 
them into armes and to drill and exercise them according to order to the best 
of youer abillities, and incase of any reall seruice that Gods prouidence may 
any way put vs vpon ; for which nessesary defence or otherwise you are to 
attend to such orders as by the Court or councell of warr shalbee dii-ected 
vnto you. 

In psuance of an order of the Court for the jurisdiction of New Plym- 
outh, giuen out for the laying out of two hundred acrees of land graunted by 
the Generall Court of the said jurisdiction vnto the children of Leif? James 
Torrey, deceased, vizj, vnto his four youngest sonnes, wee, whose names are 
subscribed, haue, according to theire speciall order, measured, buted, and 
bounded the said two hundred acrees of land, joyning on the easterly side to 
the land formerly layed out to Clement Briggs ; that ,is to say, two hundred 
rodds in length easterly, and eight score rodds in breadth, sett out by marked 
trees. This wee say wee haue finished and done, the 30"" of May, 1666. 

JOHN JACOB, 
JOHN WHITMARSH. 

Libertie is graunted by the Court vnto Francis Combe, as by right of his 
father, whoe was an ancient freeman, to looke out land for his accoinodation, 
and to make report therof to the Court, that soe a competencye therof may 
bee alowed vnto him answarable vnto other ancient freemen. 

The major and the Treasurer are appointed by the Coui't to lay out two 
hundred acrees of land graunted vnto Cornctt Studson. It is alsoe ordered 



128 



PLYMOUTH COLONY RECORDS. 



IGGG. 

5 Jur.e. 

PllENOE, 

Gou". 



[*126.] 



by the Court, that when they come vpon the place, that they are to alow him 
such a proportion therof as they shall thinke meet considering the badnes of 
the land there. 

Liberty is graunted vnto John Morton to looke out for an accomodation 
of land ; and incase hee can find any fitt for his accomodation, to haue fifty 
acrees. 

Liberty is likewise graunted vnto Yeluerton Crow to looke out for land 
for his accomodation. 

Nathaniel Warren and Wiliam Clarke are appointed by the Court to 
settle the bounds of the land of Eobert Finney where hee now liueth. 

*Two hundred acrees of land is graunted vnto M"^ Thomas Prence, to 
bee layed forth for him either att or about Eootey Brooke or att the head of 
the pond. 

It is graunted by the Court, that Ensigne Barnard Lumbard, John 
Finney, and Isacke Robinson bee suplyed with fifty acrees apeece or more 
of vpland att Pausatuke Necke or theraboutes, with six acrees of meddow 
left to the descretion of M"^ Hinckley and M' Bacon to view, purchase, and 
lay out vnto them ; M"^ Bourne alsoe being aded to them, to bee healpfuU 
therin. 

The Court haue graunted vnto the ancient servants, that they shall either 
bee accomodated att Saconett, according to a former graunt, or on the south- 
side of Weymouth, between the land of Clement Briggs and Waymouth 

there you shall 

find a list of bounds ; and incase they haue it att the latter place, that they shall haue fifty 
acrees apeece ; and that Richard Beare bee accoiiiodated with them ; and that 
the Treasurer and Cornett Studson shall lay it forth to them, prouided that it 
bee done betwixt this date and Nouember next. 

The hundred and fifty acrees of land formerly graunted to M"^ Edmond 
Freeman, Juni'^, is fully confeirmed vnto him by the Coui-t, vizj : one hundred 
and fifty acrees of land, with the meddow adjoyning to the bounds of Saco- 
neesett and vnto a place called Tassacust, being purchased by Richard Bourne 
and Wiliam Bassett, appointed thervnto by the Comt ; that is to say, all the 
meddow within the said purchase made of Quachattasett and Sepitt, his son, 
bearing date the seauenth of August, 1665. 

The major, the Treasurer, and Cornett Studson are appointed by the 
Coui-t to take course and agree with some workmen for the building of Joneses 
Riuer bridge. 

In reference vnto the land formerly graunted vnto Zachary Eedey, the 
Court haue ordered, that Serjeant Tinkham and Henery Wood shall lay out 
the said land ; and conserning the way that hee is to make in liew therof, that 



See June 
Court, anno 
1662, in this 
booke, and 



5 June. 
Prence, 



COURT OEDEES. 129 

they are alsoe to see that it bee made soe and in such place as may bee most 1 G G 6. 
convenient for the countrey and least prejudicial! to him. 

Fifty acrees of land is graunted by the Court vnto Josepth Whiston, the 
heire of John Whiston, deceased, lying att the southermost side of the land Gou". 
graunted to Walter Woodward vpon the path goeing from Bridgwater to 
Waymouth, bounding att the" east end vpon a little brooke, and the west end 
to the coinon land, and the southermost side likewise to the comon. 

It was ordered and agreed by this Court, that a rate of two hundred and 
thirty pounds should bee leuyed on the countrey for publike charges for this 
^sent yeare, besides the sume of seuen pounds to pay for suine law bookes 
appertaineing to the countrey. 

Wheras there is a great neglect in both Wiliam Barstow and Robert 
Barker in not keeping of an ordinary fitt for the entertaining of strangers, the 
Court haue ordered, that Wiliam Barstow shall make competent proiaision for 
strangers for theire entertainment and refreshment for this yeare, and that the 
other bee required to forbeare ; and that incase the said Barstow shall neglect 
soe to doe, that then the Court will take some other course about the same. 

This Court hath called in the lycence that was giuen to Francis Sprague 
to keep an ordinary att Duxburrow. 

The Court doth alow a fine of fiue pounds due from fiue Indians att 
Dartmouth, or soe much of it as can bee had, towards the building of a bridge 
there. 

*In reference vnto the presentment of Wiliam Sutton, for takeing away a [*127.] 
Bible out of the meeting house att Barnstable, and keeping it, and saying hee 
bought it and would haue sould it, hee is centanced by. the Court to pay vnto 
M' Hinckley, or vnto the Treasurer or his order, the suine of twenty shillinges, 
and for telling of a lye about it the suine of ten shillinges. 

A fine of fiue pounds due from Wiliam Paybody was by this Court 
remited. 

The Court haue graunted vnto Gyles Hopkins, the widdow Mayo, of 
Eastham, and Jonathan Sparrow a certaine psell of land neare Eastham, being 
a smale necke of land called Sampsons Necke, and the wast land lying 
between the head of the fresh water pond and the westerly bounds of the 
widdowe Mayoes land, and soe downe to the coue. 

Wheras a way hath formerly bine layed out by a jury which goeth 
through the land of Isacke Barker att Namassakesett, being greatly prejudi- 
cial! vnto him, the Court haue ordered, that this yeare the naighbours shalbee 
contented with such barrs as hee shall sett vp to keep his pasture through 
which the said way goeth ; and that it bee proposed to them, that they either 

VOL. IV. 17 



130 PLYMOUTH COLONY EEGOEDS. 

1666. make the fence alonge the way thi'ough the said pasturCj or to bee contented 
with gates which the said Isacke Barker is to sett vp, and in the mean time 
not to throuffh downe his barrs to his damaffe. 



5 June. 

Prence, 

God". 



The Verdict of the Corroners Enq^uest concerning the sudden Death of Mary, 
the Wife of Thomas Totman, of Scittuate. 

Wee, whose names are vnder subscribed, being impanelled on a jury 
by the constable of Scittuate, the 10"' day of Aprill, 1666, to enquire after 
the death of Mary, the wife of Thomas Totman, and haueing viewed the 
corpes and heard what euidence can speake, doe giue in this following as our 
verdict : — 

That Mary, the wife of Thomas Totman, gathered, dressed, and did eate 
a root, which wee judge, shee mistakeing it, thinking it to bee the same which 
shea had formerly often eaten of; but the root being of a poisonous nature, 
eateing of it, wee judge, was the sole cause and occation of her death ; and 
that wee all agree heervnto, witnes our hands this 24"" of Aprill, 1666. 

Vme, JAMES CUDWORTH, 

WILtAM WITHERELL, 
HUMPHERY TURNER, 
JOHN TURNER, 
JOHN BRYANT, 
JOHN ROGERS, 
ELISHA BESBEY, 
the marke of EZEKIELL MAYNE, 

JOB r JUDKIN, his marke. 
EDWARD E WRIGHT, his marke. 
EDWARD E W WANTON, his marke. 
HENERY H E EWELL, his marke. 

Josepth Deuell, of Dartmouth, tooke the oath of fidelitie this Court. 

The Court haue graunted vnto Serjeant Ephraim Tinkham twelue acrees 
of vpland on the east side of Whetstones Vinyard Brooke, and on the south 
east of the old India,n path, bounded att the westward end with a rid oake 
tree next the path and brooke, and a rid oake standing on a hill neare the 
Stony Brooke ; and att the east end its bounded with a rid oake next the path 
and a white oake tree on the southward side therof ; on the north side the land 
butts home to the path. 

Measured for him by Wiliam Crow. 



P 



6 June. 
Prexce, 



COURT ORDERS. 131 

*In reference vnto Wiliam Paybody his exchange of his land, the Court 1666. 
httue ordered M"^ Constant Southworth and M'^ Bourne, of Sandwich, to pro- 
portion out vnto him how much hee shall haue of that hee desireth. in liew 
of that hee exchangeth for it. *5°^""- 

The Court haue graunted vnto M"^ John Done one hundred acrees of "- ■'~''-J 
vpland att Pottamumaquate Necke, and six acrees of meddow theraboutes ; and 
Leiftenant Freeman and Josias Cooke are to view it and piuxhase it of the 
Indians for him. 

The Court haue graunted vnto Leift Ellis a portion of land not exceed- 
ing one hundi-ed acrees att Maconsett Necke, and a smale quantitie of med- 
dow therabouts ; and Richard Bourne is ordered by the Court to lay it out 
for him. 

The Court haue graunted vnto Esra Perry a smale quantity of land of 
about thirty acrees ia the necke of land where M"" Edmond Freeman, Juni'', 
hath his land that was last graunted vnto him by the Court. 

The Court haue graunted vnto James Skiffe a smale quantitie of land, 
being about forty acrees, lying on the easterly side of the herring brooke att 
jMonnomett, lying next to M"" Josias Standishes land there, a highway lying 
through it ; and the Corurt haue ordered Richard Bourne to purchase it and 
to lave it out for him. 

The Court haue graunted, that Willam Shiitliffe shalbee accomodated 
Avith land amongst the servants neare vnto the Bay line. 

The Coui't haue graunted vnto M"^ John Howland one hundred acrees of 
land in that land which Captaine Willett made purchase of att Tetiquott. 

Likewise, the Court haue graunted vnto John Chipman and Jonathan 
Sparrow, to each of them, fifty acrees of land att the same place where M'^ 
Howland is to bee accomodated next aboue mensioned. 

Likewise, the Court haue graunted vnto the said M^ Howland, John if the land wiu 

lipfirs it ' tills 

Chipman, and Jonathan Sparrow to bee accomodated with meddow land ^^^^ ^ded July 
answarable to theire proportions of vpland in the purchase made by Captaine ^*'^^" 
Willett as aforsaid, if itt bee there to bee had; if not, that they shalbee 
accomodated elswhere with meet proportions, if it can bee found and pur- 
chased. The Court haue sence aded to Jonathan Sparrow and M'^ Chipman 
fifty acrees of land apeece. 

The Court haue graunted vnto John Hanmore the three acrees of med- 
dow desired by him lying neare the Indian Head Riuer. 

Forty acrees of land is graunted by the Court vnto Rebecka, the wife 
of Hezekiah Hoare, of Taunton, in some convenient place neare Taunton 
bounds. 




PLYMOUTH COLONY RECORDS. 

Experience Michell hath libertie to looke out land for his accoinodation. 

Likewise, M"^ Thomas Dexter, Juni', hath libertie to looke out for land 

„ ' for his accoinodation. 
Prence, 

God". Likewise, John Rogers, of Duxburrow, hath libertie to looke out tor 

land for his accoinodation. 

Likewise, Benajah Pratt hath the like libertie to looke out land for his 
accoinodation. 

Likewise, Wiliam Holmes hath libertie to looke out land for the accomo- 
dation of his children. 



5 July. *Att the Court of his Mal^' held att Plymouth the fift Day of 
[*129.] July, 1666. 

Before Thomas Prence, GoQ, Thomas Southworth, 

John Aldin, William Bradford, and 

Josias Winslow, Thomas Hinckley, 

Assistants, &6. 

ATT this Court, a certaine Indian named Daniell, allies Tumpasscom, 
was presented before the Court and examined conserning his strikeing 
of Samuell Hickes, of Acushena, soe as the said Samuell Hickes languisheth 
and is in danger of death ; hee, the said Indian, confesseth that hee strucke 
or punched the said Hickes with an axe or the helue of it, but saith that the 
said Hickes first strucke him ; the said Indian was returned to prison, there 
to remaine in close durance vntill the last Tuesday in October, 1666. 

JThis Court giueth liberty vnto John Copp, of Scittuate, to still strong 
waters there from the tearme of six monthes from the date heerof, prouided 
that what liquors hee stilleth bee sent or con ^ ^ J 

Wheras John Copp, of Scittuate, hath sett vp a still for the stilling of 
liquors before the order of Court prohibiting the same without lycence was 
extant, and that the not improueing of it might proue prejudicial! vnto him, 
the Court haue giuen him liberty to still liquors att Scittuate for the space of 
six monthes from the date heerof, prouided that hee retaile nor sell any in this 
jurisdiction lesse then the quantitie of ten gallons, on the penaltie in that case 
ordered ; and if within the time prefixed noe complainte bee exhibited by the 
said towne to the Coui-t against him, that att the period therof the Court will 
doe as to enlargment of his libertie or otherwise as they shall see cause. 



COURT ORDERS, 133 



5 July. 
Prence, 



These may certify vnto all whom it may concerne, that wheras Peter 1 6 G 6 
Steuens somtimes bought an horse of Nathaniel Warren, of Plymouth, that 
the said Peter Steuens hath surrendered vp the said horse vnto the said 
Nathaniel "Warren againe ; and that the said Nathaniell Warren haueing, Ciou". 
neare vnto the time of the buying of the said horse, receiued of the said 
Steuens a psell of tarr for the said horse, these are alsoe to giue notice and to 
certify all whom it may conserne, that the said Nathaniell Warren hath relin- 
quished the said tai'r, soe as since it hath bin attached att the suite of other 
creditors, and is disposed of according to law soe farr as it will extend for 
theire satisfaction. 

In reference vnto Thomas Barnes, servant vnto M"^ John Barnes, of 
Plymouth, vpon complaint vnto the Court of the nott agreement between the 
said m'^ and servant, the case being refered by such as were interested therin, 
vizj, the said M' Barnes, and M'' Rocke, of Boston, in the behalfe of the said 
Thofti Barnes, for a full and finall determination, vnto our honored GoQ, hee 
hath ordered, with the consent of the Court aforsaid, that the said Thomas 
Barnes shalbee surrendered vp vnto the said M"^ Eocke, to bee att his dispose, 
and that hee is released from his master, John Barnes, prouided that the said 
M"^ Rocke pay or cause to bee payed vnto the said John Barnes the suine 

of . . 

*In reference vnto the request of M' Thomas Dexter, Seni"", concerning [*129''.] 
the amesurement of his land att Barnstable, hee conseiueing that wanteth of 
his fiill due in that behalfe, the Court haue ordered, that the surveyors or 
measurers of land att Barnstable, viz^, Ensigne Barnard Lumbard and Thomas 
Laythorp, bee authorised to measure or lay out the said land, with the healp 
and assistance therin of M' Hinckley, John Chipman, and Wiliam Crocker. 

Att this Court, Edward Land, and John Cooper, and John Simons, for 
prophane and abusiue carriages each towards other, on the Lords day, att the 
meeting house att Duxburrow, were centanced to pay, each of them, a fine 
of ten shillinges to the vse of the countrey ; the said John Cooper, being most 
faulty, was ajudged worthy of corporall punishment ; but forasmuch as in 
some sort hee tooke to the euill with some manifestation of sorrow, the afor- 
said fine of ten shillinges was excepted for satisfaction for this time. 



134 PLYMOUTH COLONY RECORDS. 

1666. *M the General! Court of his Ma'" held att Plymouth, for the 
" ^ ' Jurisdiction of JVew Plymouth, the 31'^ of October, 1666. 

31 October. 
Prence, 

Gov". Before Thomas Prence, GoQ, Thomas Southworth, 

[*1^0.] JqIjj^ Alden, Wiliam Bradford, and 

Josias "VVinslow, Thomas Hinckley, 

Assistants, &6. 

IT was ordered by the Coui-t, that wheras Wiliam Nicarson, of Manna- 
moiett, hath very scandulously reproached this hi^, ma''"^ Court of New 
Plymouth and the freemen of this jurisdiction to the Plono"" CoUonell Richard 
Nicolls, GoQ of his ma"'' collonie of New Yorke, as appeers in a writing to 
the said hono^'" collonell hearing date Aprill the second, 1666, vnder the hand 
of the said Nicarson, a coppy of which writing being read in this ^sent Court 
vnto Wiliam Nicarson, not deneying the same, answared, hee should bee reddy 
in time and place to make out euery pticular in his said writing to Collonell 
Nicholls ; his sonnes in law, Robert Eldred and Nathaniel Couell, hearing 
the said writing read, did acknowlidg theire priuity and consent vnto it ; and 
Trustrum Hedges, another son in law of the said Nicarsons, deneyed not his 
priuitie and consent vnto the same ; the Court therfore judge themselues 
bound to vindecate the great scandall of his ma''^' Court, as alsoe the freemen 
of this jurisdiction, and doe require the said Wiliam Nicarson, Robert Eldred, 
& Nathaniel Couell to giue sufficient securitie for theire appeerance att the 
next Generall Court of his ma''", to be holden for this jurisdiction att New 
Plymouth the first Tusday in June next insueing the date heerof, vizj : the 
said Wiliam Nicarson fine hundred pounds, and for each of his sons aboue 
mensioned an hundred pounds apeece. 

An Acknowlidgment appointed to bee recorded, as followeth. 

These ^sents witnes, that wheras I, Wiliam Nicarson, Seni', of Manna- 
moiett, haue through my mistake vttered or expressed in a letter to Barnstabi, 
and another to the Court of Plymouth, sundry expressions of a scandulous 
nature, tending to the great defamation of Thomas Hinckley, of Barnstable, 
Assistant, as that hee deneyed him justice notwithstanding his oath to God 
and the Kinge, and that hee was in combination with them that had a hand 
in royett and route, as is more att large expressed in the said letters ; for 
which I ame hartily sorry, and doe heerby acquit the said Thomas Hinckly 
from the imputation of the said crimes, or what else may in either of the said 



COURT ORDEES. 135 

letters reflect vpon him to his defamation, desireing the said Thomas to for- 1 6 G 6. 
giue mee the wrong donn him therby ; ^nd alsoe, I, the said Wiliam Nicar- "'^ 

31 October. 

son, doe by these ^sents graunt to the said Thomas Hinckley that it shall and puence 
may bee lawful! for the said Thomas to read these ^sents, or cause them to Gou". 
be read, in open Court, or where else hee shall thinke meet, for his vindeca- 
tion from all and euery the said expressions tending to the defamation of the 
said Hinckley. In witnes wherof I haue heervnto sett my hand, this 18"^ of 
June, 1666. 

Byrne, WILtAM NICARSON. 

In ;psence of 

Wiliam Hedge, 

Trusturm Hull, 

John Miller. 

*A Coppy of a Comission, as foUoweth. r*131.] 

New Plymouth. To Samuell Nash, Cheif Marshall of the Jurisdiction of 
New Plymouth, with Barnard Lumbert and Josepth Howes, greet. 

These are in his ma*"'" name to will and cornaund you, vpon receipt 
heerof, with all convenient speed, to repaire to Mannamoiett, and, according 
to an order of Court bearing date the seauenth day of June, 1665, to lay out 
to Wiliam Nicarson, M' Thorn Hinckley, all such portions of land att Man- 
namoiett, both vpland and meddow, according to youer best descretion for 
quantity and manor of laying it out as is expressed in the said order of Court, 
and in the name and behalfe of the said his ma"''^ Court of New Plymouth to 
giue each. of the said psons posession of the whole by twigg and turffe, or of 
sume pte of it in stead of the whole ; and if you find any eregular psons fell- 
ing or squaring of timber, or preparing to sett vp any cottages in any of tlie 
said lands, that you warn them in his ma"^^ name to desist and be gon, as 
they will answare the contrary att theire prill, and make returne of youer 
proceedings att the next Court of Assistants ; and see you faile not in the 
g>mises att youer prills. 

THOMAS PRENCE, GoQ. 

WILLAM COLLYAEE, 

JOHN ALDEN, 

JOSIAS WINSLOW. 
Dated att Plymouth the 30* of June, 1665. 

*Wheras complaint is made vnto the Court, in the behalfe of the towne [*133.] 
of Scittuate, of the neglect of the gathering in of a rate agreed vpon by the 



136 PLYMOUTH COLONY RECORDS. 

1666. towne for the maintainance of theire minnesterSj for Avhich a warrarLt was 
'^ directed vnto Walter Briggs, late constable of Scittuate aforsaid, this Court 

31 October. . 

Prenoe liath ordered^ that the said Briggs shall with all convenient speed gather m 
Gou"*. -vrhat is not gathered of the said rate^ soe as it may bee payed to the minnester 
vnto whom it belongeth ; and incase hee doe neglect soe to doe, that hee shall 
pay it himselfe. 

And for his not obeying the warrant directed vnto him as aforsaid, it 
being such an ill pisedent, hee is centanced by the Court to pay a fine of fiue 
pounds to the' vse of the coUonie. 

Att this Court, John Phillips, of Marshfeild, tendered to make payment 
of the sum of ten pounds vnto Grace Halloway, the daughter of Willam 
Halloway, deceased, the said Grace Halloway being now of age to receiue the 
said sume as her portion, and shee haueing requested Major Winslow to 
aduise her in reference vnto the future way of her liulyhood ; the Court, alsoe, 
approueing therof, haue alsoe ordered, that the said sume of ten pounds bee 
deliuered vnto him for to be improued by him for her vse. 

Liberty is graunted vnto Ensigne Wiliam Merricke and Richard Biship, 

that incase they be not accoinodated with land amongst them with whom 

they are listed neare the Bay line, that they may looke out for accomodation 

I elswher ; or incase that Saconett can be purchased of the Indians, that then 

the said pties may haue there portions of land there, if they please. 

Att this Court, Gyles Ricard, Seni'', his lycence for keeping an ordinary 
and selling wine and liquors by retaile was called in ; onely wheras hee saith 
hee hath some liquor that would bee lost if not sold, hee hath liberty to sell 
it vntill it is spent, both vnto strangers and others alsoe of the towne of Plym- 
outh, prouided that what hee seleth to any ci the towne of Plymouth, it be 
for the releife of the weake or sicke, and that alsoe with the consent and 
approbation of Captaine Southworth. 

In reference vnto the complaint of Elizabeth, the wife of Gorg Vaughan, 
and alsoe the complaint of the wife of Samuell Eaton, against an Indian called 
Sampson, allias Bump, for most insolent and intollorable carriages towards 
them, whoe coming into the house of the said Vaughan, hee not being att 
home, and held vp his knife att the said Elizabeth Vaughan seuerall times in 
a threatening way and manor as if hee would haue wounded her, with other 
insolent carriages that much affrighted her, and alsoe carrying to the wife of 
Samuell Eaton att the same time very wickedly by twisting of her necke to 
the indangering of her life, and alsoe other insolent carriages to Francis Bil- 
lington att the same time, whoe was sent for to rescue the said weomen from 
his violence and wickednes ; for which said facts, agrauated by diuers other 




COURT ORDERS. 137 

pticulars, hee was centanced by the Court to be seuerly wMpt att this ^sent 1 6 6 G. 
Court, and to bee branded in the shoulder with a Roman P, which accordingly 
was inflicted. 

In reference vnto the complaint of Edward Gray against Joseph Billing- 
ton, for hunting his oxe with a dog, and for the wrong don to his swine and 
fence, the said Billington is awarded by the Court to pay vnto the said Gray 
the sume of twenty shillings ; and as for his syth, vsed by the said Billington 
without the said Gray his leaue, hee is ordered to returne it to him againe. 

In reference vnto John Bates and Wiliam Burden, theire breaking the 
Kinges peace by striking each other, they were sentanced by the Court to pay, 
each of them, three shillings and four pence ; and the said Burden, for being 
drunke att the same time, is fined fiue shillings ; and wheras the said Bates 
abused the said Bui'den att the same time, by lying vpon him and striking 
of him, wherby hee was disabled for a certaine time to attend on his calling, 
hee, the said Bates, is ordered by the Court to pay vnto the said Burden the 
sume of twenty shillings. 

John Siluester, for his affronting of the constable of Marshfeild in the 
execution of his oiEce, is fined ten shillings to the vse of the coUonie. 

In reference vnto a hogg in controuersy lying vnder an attachment, which 

^ in the costody of an Indian called Sampson, the Court finds the said hogg 

to appertaine to M"^ Thomas Prence ; and if the said Indian find himselfe 

agreiued, that then Josepth Billington is to giue him satisfaction. 

*Jabez Howland acknowlidgeth to owe vnto our soQ 1 P133.1 

, , ^ -r^. ^ - \ 20:00:00 ^ ^ 

lord the Kmge the sume oi J 

The condition, that if the said Jabez Howland shall and doe appeer att Eeleased. 
the Court of his ma''° to be holden att Plymouth the first Tusday in March 
next, to make further answare for misdemenior towards Josepth Billington by 
striking and otherwise abusing of him, and in the mean time carry peacably 
towards all manor of psons, and not depart the said Court without lycence ; 
that then, &d. 

Joseph Billington acknowlidgeth to owe vnto our soQ " 
lord the Kinge the sume of 

The condition, that if the said Joseph Billington shall and doe appeer Released. 
att the Court of his ma*'^ to be holden att Plymouth the first Tusday in March 
next, to make further answare for his misdemeaning himselfe on the 30"^ day 
of October att the house of Gyles Eickard, and not depart the said Court 
without lycence ; that then, &5. 

In reference vnto the complaint of M'^ Josepth Tilden and Wiliam Bar- 
stow against John Palmer, Juni% for ployning and pilfering of a psell of 

VOL. IV. 18 



20 : 00 : 00 




138 PLYMOUTH COLONY KECORDS. 

1 G 6 (J. boards from the saw mill, the Court haue ordered, that what boards of the said 
psell soe ployned can be made appeer by those that attend the said mill to 
belong to the said Joseph Tilden and Wiliam Barstow, that they are to haue 
them ; and such as are mixed with and amongst the said boards soe stollen, 
which shall appeer to belong to the said Palmer, hee to haue them ; and if 
any others shall lay any just claime to any of the said psell soe ployned, they 
to haue them ; and that what charge the said pties haue bin att in bringing 
the case to hearing, that they be fully satisfyed for the same by the said 
Palmer ; and for his fact in soe pilfering and ployning the said boards, hee is 
centanced by the Court to pay a fine of twenty shillings to the vse of the 
collonie. 

In reference vnto an Indian called Daniell, allies Pumpanaho, for his 
dangerously striking of Samuell Hickes, wherof hee hath languished and hath 
•bine in danger of death, and although recouered, yett much hindered in his 
time and occations, wherfore the said Indian is centanced by the Court to pay 
vnto the said Samuell Hickes the sume of four pounds and four shillings in 
reference vnto his bill of charges, and forty shillinges for the losse of his time, 
and ten shillings vnto John Haward for his coming to Plymouth with him by 
the constables order. 

Wheras M'' Timothy Hatherley, by his last will and testament, hath 
made, ordained, and appointed M"^ Joseph Tilden to be his sole exequitor ; 
and the said Joseph Tilden doth refuse to accept of the said exequitorship 
according to the said will ; wherfore the Court haue appointed him to be 
adminnestrator on the estate of the said M' Hatherley, to pay all debts and 
legacies due and owing from the said estate soe farr and by eq^uall proportions 
as it will amount vnto. 

The Court haue ordered Myles Blacke, of Sandwich, in the behalfe of 
the countrey, to see the line run eight miles into the woods westerly vpon the 
south bounds of Plymouth. 
[*134.] *In answare to a petition prefered to the Court by Captaine James Cud- 

worth, bearing date the SO"' of October, 1666, in which hee soliseteth the 
Court for the deuision of a certaine psell of marsh meddow between the said 
Capt Cudworth and John WilHams, Juni% which said psell of marsh lyeth att 
Conihassett, being the 23 share or lott of marsh there on the west end of the 
Great Necke, and is bounded towards the north east to Capt Cudworths marsh 
att a stone stucke vp in the marsh close by a great rocke att the point of the 
necke, and &om thence ranging towards the northwest and by north to the 
mouth of a creeke att a stone stucke in the marsh, and from thence takeing in 
all the marsh between the Great Necke and Gulfe Hand and about Gulfe 



COURT ORDERS. 139 

Hand, and soe along southward and the Great Neclce and the Great Creeke 1666. 
vntill it comes to the southerly side of Castle Eocke att a stone stucke in '' ' 

^31 October, 

the marsh att the westerly point of a ledge of broken rockes, and from puEjfCE 
thence ranging towards the west northwest to the creeke and stone stucke Gon". 
in the marsh; which said psell of marsh soe bounded was soSitimes the 
marsh of John Whiston, deceased, and by him sold, the one halfe therof vnto 
the said Capt Cudworth, and the other halfe vnto Samuell House, deceased, 
and by him sold vnto John Williams, Juni', afforsaid, the said "Williams being 
averse to a deuision, notwithstanding the said captaine hath proposed it to him 
seuerall times, and hath suffered great damage by the neglect theroT, which 
nessesitateth him to make suite to the Court for a deuision as aforsaid. 

This Court haue therfore ordered, that twelue men bee warned to giue 
meeting vnto ]\Iajor Josias Winslow on the thirteenth of this instant Nouem- 
ber, att the house of M"^ Thomas King, att Scittuate, to be by him, the said 
major, impannelled to serue on a jury to make deuision of the said psell of 
marsh according to this order. 

Theire names are as foUoweth : — 

John HoUett, Wiliam Peakes, 

Walter Briggs, Mathew Ganett, 

Jeremiah Hatch, John Both, 

Henery Luce, Eodulphus Elmes, 

Richard Standlake, John Daman, 

John Ensigne, Joseph White. 

John Andrew, att this Court, for teling of a lye, fined ten shillings. 
And the said John Andrew, for breakeing the Kinges peace by strikeing 
Josepth Bartlett, was "fined three shillinges and fourpence. 

And the said Josepth Bartlett, for breakeing the Kinges peace in striking 
the said Andrew, fined three shillings and fourpence. 

*A Writing appointed to be recorded by the GoQ, as foUoweth. [*134'\] 

John Whiston, aged eighteen yeares or therabouts, being the next eldest 

brother to Josepth Whiston, late deceased att Boston, whoe hath giuen him 

an estate, as wee are enformed, and hee, the said John Whiston, hath made 

choise of his vnkle, Edward Jenkens, of Scittuate, for to be his gaui-dian, to 

cecure what estate soeuer is his vntill hee comes of age. 

The marke ^c\ of JOHN WHISTON. 
January 4"', 1666. — ' 

Witnes, Wiliam Brookes, J I N? his marke. 
Timothy Foster. 



140 PLYMOUTH COLO:S[Y EECORDS. 

166 6-7. *Jltt the Court of his Ma"" held att Plpnouth the fift Day of 
' — V — - March, 1666. 

5 March. 

^Q^r* Before Thomas Prence, GoQ, Thomas Southworth, 

r»]^351 John Alden, Wiliam Bradford, and 

Josias Winslow, Thomas Hinckley, 

Assistants, &d. 

WILtAM NICARSON, for sundry scandulouse charges against M' 
Thomas Hinckley, Assistant of this goGment, highly tending to the 
defaming of his ma"'== authoritie in this his Coui't, to the stiring vp of faction 
and sedition, as appeers vnder his hand, is centanced to pay a fine of fifty 
pounds vnto the countreyes vse ; but incase hee shall acknowlidge in open 
Court this his miscarriage, that then thirty pounds of this fifty shalbe remited, 
or otherwise the whole to be exacted. 

Willam Nicarson did acknowlidg in open Court, that in these scandu- 
louse and reproachfall charges, which hee somtimes layed vpon M' Thomas 
Hinckley, as hee was a minnester of justice and an Assistant in this goQment, 
hee did scandulize his ma"''' authoritie and this his Court of which hee is a 
member, and is very sorry for his miscarriage therin, and hopes it shalbe a 
warning to him for the future. 

This acknowlidgment in Court was accepted soe as to abate thirty pounds 
of the fifty pounds abouesaid. 

Wiliam Lumpkin and Peter Worden, for causing disturbance att the 
meeting house att Yarmouth on the Lords day, were fined, each of them, ten 
shillings to the vse of the collonie. 

Jabez Howland, for breakeing the Kinges peace by striking of Joseph 
Billington, is fined three shillings four pence to the vse of the collonie. 

Joseph Bilhngton, for the like default toward Jabez Howland att the 
house of Gyles Eickard, on the 30"^ day of October, 1666, is fined three shil- 
lings and four pence to the vse of the collonie. 

Arther Howland, Juni'^, for inveigling of Mistris Elizabeth Prence and 
makeing motion of marriage to her, and procecuting the same contrary to her 
parrents likeing, and without theire consent, and directly contrary to theire 
mind and AVill, was centanced to pay a fine of fiue pounds and to find surties 
for his good behauior, and in speciaU that hee desist from the vse of any 
meanes to obtaine or retaine her affections as aforsaid. 

M' Samuell Saberry, being sumoned to this Coui't, appeered to make 
answare for that by writing vnder his hand and otherwise hee hath busied 



COUKT OEDEKS. 141 

himselfe to scandalise and defame the minnestry of Duxburry ; but not takeing 1 G 6 6-7. 
notice tberof to acknowlidgment, and not giueing satisfaction in that behalfe, ' ~^ 

5 March. 

but rather the contrary, hee was exhorted and admonished by the Court vnto pkence 
his duty in that behalfe, and likewise warned to desist from such disturbing ^°^ '■ 
practices, the which if the Court shall receiue further information therof, hee 
must expect to be againe questioned about it, and be reddy to giue better 
cecurity for his better walking, and soe for the g>sent was released. 

*Letters of adminnestration was graunted by the Court vnto Joseph [*136.] 
Holley and Marke Eedley to adminnester on the estate of M'^ Trustrum Hull, 
of Barnstable, deceased. 

In reference vnto a box attached by John Rickard for a debt of fifteen 
shillings due from Elizabeth More, the Court haue awarded vnto the said 
Rickard a petticoate of the said Mores, which is to answare the said debt and 
the charges of the suite. 

In reference ^Tito the desire of Robert Barker, that a psell of meddow Memorandum: 
might be recorded vnto him lying att the North Riuer att Robinsons Creeke, j^eerof be sea- 
and that hee hath produced seuerall euidences to satisfy the Court about it, ^onabiy sent to 

'^ •' the towne of 

the Court haue ordered, that if the towne of Duxburrow, or any of that towne, Duxburrow. 
doe not produce any thing to the contrary betwixt this Court and the shuting 
vp of June Court next, that then hee, vpon such euidence as hee shall then 
produce, may haue the said meddow recorded vnto him. 

Joseph HoUett and Elizabeth, his wife, for coinitting carnall coppulation 
each with other before marriage or contract, fined ten pounds. 

Letters of adminnestration was graunted vnto Hosea Joyce to adminnes- 
ter on the estate of M"" John Joyce, deceased. 

Memorand : that Samuell Edson be sumoned to the next Coui-t to 
answare for his neglect to appeer to seme on a jury, being sumoned for that 
purpose. 

Memorandum : that Dinah Siluester, Sarah Smith, and the daughter of 
Edward Jenkens, bee sumoned to the next Court. 

Arther Howland, Juni', acknowlidgeth to owe vnto' 



_ ^ , 50 : 00 : 00 

our soil lord the King the sume of 

John Daman the sufne of 25 : 00 : 00 

Timothy Williamson the sume of 25 : 00 : 00 

The condition, that wheras the said Arther Howland hath disorderly and Release "i July 

vnrio-hteously indeauored to obtaine the afiections of Mistris Elizabeth Prence ' 

against the mind and will of her parents, if, therfore, the said Arther Howland 

shall for the future refraine and desist from the vse of any meanes to obtaine 

or retaine her affections as aforsaid, and appeer att the Coui-t of his ma''" to 



142 PLYMOUTH COLONY EECOEDS. 

166 6-7. be holden att Plymouth the first Tusday in July next, and in the mean time 
' ^^ ' be of good behauior towards our soQ lord the King and all Ms leich people, 
and not depart the said Court without lycence ; that then, &<3. 

GOTJK. 

[*138.] *According to the Courts appointment, wee layed out vnto Cornett Rob- 

ert Studson a certaine tract of land bounded as followeth, vizj : on the north 
side by those lands that were graunted att Accord Pond ; on the east by the 
line of the towne of Scittuate vntill it crosse a deepe, still brooke ; and on 
the southwest and westerly side by the said brooke ; and soe againe from the 
townes line as M' Hatherleyes land runs westerly vntill it crosse the said brooke 
there againe, with all the spotts and holes of meddow that are within the 
abouesaid bounds. 

Witnesse our hands, 

JOSIAS WmSLOW, 
CONSTANT SOUTHWORTH. 



[*139.] 



1667. *r E ^HE councell of warr, being assembled att Plymouth the 2""^^ day of 
' r— — ' _i_ Aprill, namly, M"^ Thomas Prence, presedent, M'' John Alden, Major 
^" ' Josias Winslow, Captaine Thomas Southworth, Captaine Wiliam Bradford, 
M"^ Thomas Hinckley, M' Anthony Thacher, M' Constant Southworth, and 
M"^ Nath Bacon, did then order and conclude as followeth : — 

ViziJ : that euery coinission officer in the seuerall milletary companies of 
this jurisdiction shall haue a coinission deliuered vnto them vnder the scale 
of the goQment, and signed with the presedent of the said councell. 
The forme of the said comissions are as followeth ; — 

Pirst, of a captaine : — 

You, A B, haueing bine orderly chosen and accepted to the office of a 
captaine of the foot companie of the towne of P., you are heerby authorised 
and required to take the coinaund and charge of that companie, to exercise 
and traine them vp in the vse of theire armes according to such orders as are 
or may bee setled by the Court or councell of warr in that respect, and alsoe 
impowered to coinand or lead any or all that are vnder youer coinand vpon 
reall duty and seruice for ofence and defence as occation may require ; and 
you are therin required carefully to attend such orders and instructions as you 
haue or shall from time to time receiue from the councell of warr ; and in 
defect therof, shall acte according to such advice as you shall haue respecting 
any sucldaine exegent from such in youer towne as are appointed to be a coun- 



COURT ORDERS. 143 

cell with you in such cases ; and soe acting, you may expect full and rcddy 1 G G 7. 
obeidience from all vnder you in theire respectiue places, and be warranted ' ^ ' 
and accepted in youer good endeauors. 

Giuen by the councell of warr for the jurisdiction of New Plymouth this Ciou". 
2'=»-'»of Apnll, 1667. T. P., Presedent. 

For the Leiftenant. 

You, A B, haueing bine orderly chosen and accepted to the office of 
leiftenant of the foot compainie of the towne of P., are heerby authorised and 
required to bee assistant to the captaine of that place in the exercising and 
training vp of the souldiers of that towne in the Yse of theire armes accord- 
ing to such orders as are or may be settled by the Court or councell of warr, 
or by order from youer cap? in that respect, and alsoe impowered to coiliaund 
and lead that companie, either in peace or warr, in the absence of youer cap- 
taine, with as absolute comand as youer said captaine hath when ^sent ; and 
you are required carefully to attend such order and instructions as you haue 
or shall from time to time receiue from the councell of warr, and in defect 
therof to acte according to such advise as you shall haue respecting any sud- 
daine exegent from such in youer towne, or the major pte of them, as are 
appointed to be a councell in such cases ; * and soe acting, you may expect *Except the 
full and reddy obeidience from all ynder you, and be warranted and accepted "S^n oy o e 

•' J ' r occation, to 

in youer good endeavors. y<"ier i)est vn- 

derstanding, 
Giuen, &6. -ri ^i -c • calls for such 

For the Ensigne. speedy action 

You, haueing bine orderly chosen and accepted to the office of ensigne ^eiay for theire 
of the foot companie of the towne of P., you are heerby authorised and '^^''^f< ™ 

^ ./ ./ which case you 

required to be assistant to the captaine and leiftenant of that place in exer- are authorised 

,.. », ,, ~ , . , «,. to acte as you 

cismg and traimng of the souldery of that towne m the vse of theire armes g^e the matter 
according to such orders as are or may be settled by the Court or councell of ""''' require, 
warr & said officer in that respect, and alsoe impowered to coinand, vnder youer 
said officers, in such a capasitie as occation may requfre for ofence and de- 
fence ; and in the absence of youer said cap? and leiftenant, to coinand and 
lead that companie, either in peace or warr, with as absolute coinaund as either 
of them haue when ^sent ; and you are required discreetly and valliantly to 
defend and maintaine that badge of youer honor and youer countreyes, and 
carefully to attend such orders and instructions as you haue or shall from time 
to time receiue from the councell of warr, and in defect therof to acte accord- 
ing to such advise as you shall haue, respecting any suddaine exigent, from 
such in youer towne, or the major pte of them, as are appointed to be a 
councell in such cases,"^" and soe acting, you may expect full and reddy 



144 PLYMOUTH COLONY RECOKDS. 

16 6 7. obeidience from all vnder you, and be warranted and accepted in youer good 
endeauors. 

Giuen, &d. 



2 April. 
Prenoe, 

GOTJ". 



[*140.] *L The councell of warr haue determined, that during any appeerance 

of danger a milletary watch be kept in each towne, in the most convenient 
place or places for takeing and pasing an alarum, according to the descretion 
of the comanders and councell in each towne, and according to the danger 
that psents ; and alsoe some in each sea towne bee appointed to looke out to 
sea in the day time to discouer any shipps that may be on the coast, and to 
obserue theirc motion. 

2. That the fiering "of three musketts shall make an alarum in the night, 
and that fiers be alsoe made in the night att the place where the alarum 
did rise. 

3. That the troop in each towne be ordered by theire owne officers, or 
where such are not, by such as are of the grand councell in that towne, to be 
redy att all times to goe forth as scouts vpon discouery to carry intelligence 
from place to place as there may be occation, and to doe such seruice further 
as need may require, vntill by speciall order of theire cheife coinaunders they 
are called off. 

4. That there be serch made how horse and foot are prouided with armes 
and amunition, and defects to be returned. 

5. That the souldiery of euery towne shalbe att the free dispose of 
theire respectiue coinaunders in any seruice that they shall requke att theire 
hands according to theire coinission and instructions giuen them. 

6. It is determined, that Duch and French be looked vpon as our comon 
cnimie whiles soe to out- nation, and shalbe resisted, opposed, and expelled by 
the forces of this jurisdiction to theire vtmost power, and that all advantages 
shalbe vsed to that end. 

7. It is ordered, that if any towne or plantation be destressed by an 
enimie, vpon intelligence the next towne shall forthwith send them such 
assistance as theire need may require, be it to a third or halfe theire men. 

8. That the Indian sachems heerabouts be sent for, and advised to 
imploy theke men in looking out to sea for shiping, and giue speedy intelli- 
gence to the English of any vessell and theire motions, and that they be 
warned by theire f>sent losse not to adventui-e on board of any strange vessels, 
but to theire power doe joyne with vs for defence of theire and our comon 
interest against a coinon enimie, and that they be forbiden the fiering of any 
guns in the night or making any false alarums. 



COUET OKDEKS. 145 

9. That there be noe shooting att pigions or any other game by day or 1 67. 
night whiles dangers g'sents, but onely att an enimie. ^^ '^ 

*10. That euery towne prouide soin place of retire for theire weomen prekce 
and children in case of an alarum, as the descretion of each place may giude Gou". 
them, that soe the men may -^vith lesse destraction face an enimie. L "-I 

11. That in time of danger the troopers of Plymouth repaire to the GoQ 
as his gaurd, vntill further order. 

12. That all psons in any township, although aboue sixty yeares of age, 
or otherwise vncapable of bearing armes, but are of competent estates, and 
shalbe soe judged by theire comaunders and councell of that towne, they 
shalbe lyable to find a man to watch and ward as occation be, and it be 
req^uired of them. 

13. That whosoeuer shall refuse or neglect to doe his duty in watching 
and warding when required shalbe lyable to pay a fine of fiue shillinges for 
euery such defect, vnlesse they can giue a satisfying answare to theire 
coinaunders and theire councell in theire owne towne, and this to be forthwith 
leuied by the constable ; but incase they hold themselues agreiued, they may 
haue libertie, after the fine payed, to appeale to the councell of warr. 

14. That it shalbe in the power of such as are appointed a councell, in 
euery towne, in any exigent or suddaine occation, to dispose of the generall 
stocke of armes and aiiiunition in that towne or any pte of it as occation may 
req^uire. 

The Names of those that are appointed to bee of Councell with the Comission 

Officers in each Towne. 

Plymouth : Marshfeild : 

The GoQ, M' Josias Winslow, Seni'. 

Cap? Bradford. Sandwich : 

Duxburrow : M' Richard Bourne, 

M"" John Aldin, William Bassett, 

M' Constant Southworth, James Skiffe, Seni'. 

Leifi Josias Standish. Taunton : 

Scittuate : James Walker, 

Cornett Studson, Wiliam Harvey, 

John Daman, Richard Williams. 

Iscake Chettenden, Rehoboth : 

Edward Jenkens, Capt Willett, 

Isacke Bucke. M' Paine, Seni-', 

VOL. IV. 19 




PLYMOUTH COLONY REC0KD3. 

M' Thomas Coopei', For Eastham : 

Gilbert Bi-ookes. Leiftenant Freeman, 



For Yarmouth : Josias Cooke, 



2 April. 
Pkence, 

Gol". JVJr Anthony Thacher, Richard Higgens. 

ftp Edraond Howes, For Bridwater : 

Thomas Howes. Samuell Edson, 

For Barnstable : Nicholas Byram, 

IN'P Thomas Hinckley, John Willis. 
M' Nath Bacon, 
John Chipman. 

For Dartmouth, Sarjeant James Shaw to exercise the inhabitants in armes 
till the next June Court, and that then the towne are to p'sent some to the 
Court to be settled in office according to order ; and that the said Seijeant 
Shaw to advise with John Cooke, Samuell Hickes, and John Russell, incase 
of any danger ;Psenting for the best defence of the place in such respect, and 
to see how men are prouided with armes and ainunition, and to returne the 
defects to the said Coui-t. 

[*142.] *Seuerall Orders appointed by the Councell of Warr to be obserued by the 

seuerall Courts of Gaurd in this Jurisdiction. 

Gentlemen Souldiers : You are required carefully to attend youer duty 
in watching, warding, and such other seruice as shalbe required of you by 
youer coinaunders and councell, wherin pticularly obserue these following 
orders : — 

Imp''. That noe outrage be coinitted by any pson vpon duty by prophane 
swearing, cursing, drinkeing, quarrelling, or fighting one with another. 

2'y. Noe man shall hold correspondencye with the enimie, or confer with 
any trumpett, drum, or messenger of the enimie, but by appointment. 

o. None shall neglect his watch or other service coiiiitted to him, sleep 
on his sentenelship, or depart thence vntill releived. 

4. None shall make the word knowne to the enimie, or change the 
word, but by order. 

5. None shall make any needles alarum by day or night. 

6. Att the soundage of an alarum, euery one shall repaire to theire 
coullers or place appointed them. 

7. None shall fly in battle vntill a retreat be coinaunded, nor quite any 
place coiiiitted to theire trust whiles defencable. 



COURT ORDEES. 



147 



8. Euery private souldier is required to keep his armes fixt and cleanc, 
and not to paune, sell, or play away his armes. 

9. None, vpon prill of theire liues, shall attempt to abuse any sentenell 
that is out vpon duty, but shall reddlly inake themselues knowne -and obey 
him. 

10. That all centenells, vpon the like penaltie, shall carefully attend 
theire charge giuen them for the discouering of an enimie and prevension of 
danger and mischeife to any of our owne people. 



1667. 

— r ■ 

2 April. 

Prence, 

Gou«. 



The councell of warr haue alowed fourteen dayes from this date for the 
townes to send in theire accomts of armes and ainunition vnto the major ; 
and that if within the said time any that haue bine att this meeting of the said 
councell returned defectiue shall be supplyed before the said time be expired, 
they shall not be fineable for breach of order in that behalfe. 



*Att the Generall Court of Election holden att Plymouth, in JYew sjune. 
England, the fift Day of June, 1667. C*^^^] 



Before Thomas Prence, GoQ, and 
John Aldin, 
Thomas Southworth, 

Assistants, &6. 



"Wiliam Bradford, and 
Thomas Hinckley, 



M 



^ THOMAS PRENCE was chosen GoQ, and sworne. And 



were chosen Assistants, and sworne. 



M' John Alden, 

Major Josias Winslow, 

Captaine Thomas Southworth, 

M'Wiliam Bradford, 

M' Thomas Hinckley, 

Leiftenant John Freeman, and 

M' Nathaniel Bacon, 
The Coinissioners chosen were Major Winslow, Captaine Southworth. 
And the next in nomination was M"^ Thomas Hinckley. 
The Treasurer chosen was M' Constant Southworth, and sworne. 



148 


PLYMOUTH COLC 


1667: 


The deputies of the seuerall townes 


1 

5 June. 


M' John Plowland, 


Prence, 
Gou". 


Leift-Ephraim Morton, 
M"' Constant Southworth, 




Christopher Wadsworth, 




Cornett Robert Studson, 




Isacke Chettenden, 




Richard Bourne, 




Thomas Tapper, Seni'', 




Wiliam Harvey, 




James Walker, 



were, ■ 



Edward Sturgis, 
Yelverton Crow, 
Joseph Laythorp, 
Ensigne Marke Eames, 
John Bourne, 
Leiftenant Peter Hunt, 
Ensigne Henery Smith, 
Daniell Cole, 
John Willis, 
John Cooke. 



The Grand Enquest. 



M"^ Joseph Tilden, 
M'' Josias Standish, 
Phillip Delanoy, 
John Bryant, 
Wiliam Crocker, 
John Dingley, 
Thomas Linkorne, 
Thomas Gibbs, 
Miacaell Blackwell, 
Joseph Wilbore, 
John Winge, 



sworne, 



Joseph Warren, 
Andrew Hallott, 
Jacob Cooke, 
Wiliam Foard, Seni'', 
Daniel Smith, 
Samuell Newman, 
Marke Snow, 
Samuell Tompkins, 
Richard Sisson, 
James Cobb, 



■ sworne. 



[*144.] 



*The Constables of the seuerall Townes. 

Plymouth, Francis Comb, sworne. 

Duxburrow, Samuell Hunt, sworne. 

Q . ("Micaell Peirse, \ 

ocittuate, •! . . f sworne. 

[William Brooks, J 

Taunton, Richart Burt, sworne. 

Yarmouth, Thomas Howes, sworne. 

Barnstable, Abraham Blush. 

Sandwich, Einond Freeman, Juni''. 

, , T r -n f Nathaniell Winslow, 1 

Marshfeild, { ^ . ^^ . I sworne. 

(^ Josias Kerne, I 

f Nicholas Pecke, ' 

Rehoboth, i ;■ sworne. 

[ John iitus, 



COURT ORDEES. 

Eastham, Jolm Banges, sworne. 

Bridgwater, John Willis, Juni^ 

Dartmouth, Peleg Tripp, sworne. 

Surveyors of the Highwayes. 

Plymouth : Yarmouth : 

INI"^ John Barnes, Thomas Gage, 

Ensigne Bradford, Judah TTiacher. 

Hugh Cole. Barnstable : ■ 

DuxbuiTow : ^ 

Marshfeild: 

Scittuate : 

Wiliam Barstow, Eehoboth : 
John Ensigne. ^ 

Sandwich : Eastham : 




2 June. 

Pbence, 

Gov". 



Taunton ; 



Bridgwater ; 
Dartmouth : 



*The Celect Men in each Township. 



Plymouth 



Leiftenant Morton deputed to 
adminester an oath respect- 
ing theire place as occation 
may require. 

Duxbujrow : 

Christopher "Wadsworth de- 
puted to giue oath as aboue- 
said. 

Scittuate : 

Isacke Chettenden to admin- 
nester an oath as aforsaid. 



[*145.] 



' Leiftenant Morton, 

Nath "Warren, 

Wiliam Harlow, f- sworne. 

Wiliam Clarke, 
, Wiliam Crow, 

' Christopher Wadsworth, 
M"^ Josias Standish, [. sworne. 

Benjamine Bartlett, 



I 



Cornett Studson, 
M"^ Thomas Kinge, 
Isacke Chettenden, 



■ sworne. 



Sandwich : 

[ Thomas Tupper, Seni'', 

Thomas Tupper to giue the I _ r,, -^ r^ . 

^ ^ ° ' James SkifFe, Seni'', 

said oath. | „-,i -n • 

[_ ihomas Burgis, 



sworne. 



150 


PLYMOUTH COLONY KECORDS. 


1667. 


Taunton : 


■ Gorge Hall, 




5 June. 


James "Walker to ad- 


Walter Deane, 




PitENCE, 

Gou". 


minnester the said 


James Walker, 


• sworne. 




oath. 


Richard Williams, 
, Wiliam Harvey, 






Yarmouth : 

M'^ Edmond Howes, ' 






Edward Sturgis, 






James Mathewes, 


■ sworne 




Yelverton Crow, 






Samuell Sturgis, 






Barnstable : 

Wiliam Crocker, 




[*146.] 


*Marshfeild : 

And John Bourne 


John Chipman, 
John Tompson, 
Josepth Laythorp, 

' Anthony Snow, 


. sworne. 




appointed to ad- . 
minnester an oath. 


Ensigne Eames, 
John Bourne, 


■ sworne. 




Rehoboth : 

M'^ Stephen Paine, 

John Allin, 






M"" James Browne. 






Eastham : 






Bridgwater : 

John Willis, 






Nicholas Byram, 
John Carey, 
Dartmouth : 


■ sworne. 




Arther Hathewey to 
giue the aforsaid . 


' John Russell, 
Samuell Hickes, 






oath. 


Arther Hathewey. 





Receiuers of the Excise in each Towne. 



Plymouth, Benajah Pratt. 

Duxburrow, Henery Sampson. 



COURT ORDERS. 

. f Edward Jenkens, 

bcittuate, i 

l^John Cushen. 

c, J • 1 ( ^ Tupper, Juni% 

oandwich, < 

(^Thomas Tobey. 

Taunton, Eichard Burt. 

(M' Anthony Thacher, 

Yarmouth, < 

[ John Miller. 

f Thomas Huckens, 

Bai'nstable, < ^ , _ , 

[ J osepn Laythorp. 

Marshfeild, Wiliam Maycomber, Seni''. 

Rehoboth, Daniel Smith. 

Eastham, Will "Walker. 

Bridgwater, Arther Haris. 

Dartmouth, Samuell Hickes. 




5 June. 

Peence, 

Gou". 



*In reference vnto the complaint made against Phillip, the sachem of 
Pacanacutt, by an Indian, that hee was in complyance with the French against 
the English in New England, the Court, haueiug heard his answare, and 
therin certifyed that the ground of such reports arose from a certaine sachem 
of the Narragansetts, doe order Leiftenant Hunt and Ensigne Smith to repaire 
to Warwicke in some convenient time for the Court to be holden att Plym- 
outh in July next, and that the said Phillip doe there giue them meeting 
before one of the majestrates there, that soe the said sachem may make out 
what hee hath spoken in that behalfe, and that Ninnegrett haue notice therof, 
that soe hee may vnderstand what is charged against him. 

Att this Court, proclamation was made that if any can lay any just 
claime vnto any due debt from the estate of William Hacke, John Turner, 
and Thomas Ewer, they may come in within a twelumonth and a day of this 
date, and they shalbe satisfyed soe farr as the estate will amount vnto. 

This Court alowed vnto the major, in reference to his journey to the 
sachem Phillip, in the behalfe of the countrey, the sunie of fine pounds. 

To Captaine Southworth, for his paines and time, forty shillings. 

To the Treasurer, respecting his longe time and paines, three pounds. 

To Cornett Robert Studson, his horse, time, and paines, forty shillings. 

Two shillings and sixpence a day is alowed vnto the troopers, to each of 
them that went on the abouesaid expedition, vizj, to each of them, for him 
and his horse, ^ ^ 

Ten shillings is alowed vnto Nicholas Hyde for bringing of a letter to 
the GoQ, and his other time and paines about it in reference to the abouesaid 
basines. 



[*147.] 



152 PLYMOUTH COLONY RECOKDS. 

16 6 7. This Court haue graunted vnto Andrew Ringe a smale psell of land 

''^ '^ ' lyi'ig att the end of his land att Namassakett, vizj, all the land lying att the 
p end of his lott between the path and a smale brooke and the valley the full 

Gov\ breadth of his lott. 

The Court haue graunted vnto Thomas Butler a necke of land called 
Tassacausett, lying neare to Edmond Freemans land, being deuided by a 
creeke or brooke on the southerly side, which said land is bought by the said 
Butler of an Indian called Charles, allies Pampmumitt, for a yoakc of oxen, 
prouided the said Indian rcturne the sume of three pounds to the said Butler. 
In reference vnto the graunt of land graunted vnto Gyles Hopkins, Jon- 
athan Sparrow, and the widdow Mayo, the Court haue ordered Leiftenant 
Freeman either to purchase it or hier it for them as occation shall require, as 
hee shall see meet. 

Liberty is graunted vnto Thomas Paine to looke out some land for his 
accoiiiodation. 

[* 148.] *The Accomt of the Liquors brought into Yarmouth the Year last past, giuen 

in by M"^ Thacher. 

The 15 of the first month, Elisha Hedge, one barrell of rum. 

M"^ Hedge, 9 gallons of sacke. 

September 14, (66,) by John Barnes, for Elisha Hedge, fifty gallons 
of rum. 

For M"^ Sprague, 10 gallons of rum. 

For Samuell Sturgis, 30 gallons of rum. 

For Edward Sturgis, Juni'', 25 gallons. 

For John Mokeney, six gallons. 

Jonathan Barnes brought sundry barrells of liquors to the towne, since 
which hee did not invoyce with vs, but did after some distance of time 
invoyce it with the Treasurer. 

The first weeke in Aprill, (67,) Edward Sturgis, Seni"^, 22 gallons of 
sacke, which was invoyced, tho not in due time according to order. 

Att that time, there were fine or six barrells of rum bought of the 
marchant att Satuckett, which was not invoyced, but concealed one barrell ; 
Jonathan Barnes had another barrell ; Joseph Ryder three more, hee seized 
for the countrey, which haue bine since condemned, vizj : Samuell Sturgis, 
one barrell of rum ; Edward Sturgis, Juni', one barrell of rum ; and Abraham 
Hedge, one barrell of rum, which lyes responsable for his father to cleare 
betwixt this and the Court in July next. 

Boardman, halfe a barrell, or soinwhat more, which hee invoced. 



COURT ORDERS. 15? 

The first weeke in June, 67, Jonathan Barnes invoyced one barrell of rum 1 G 6 7. 
for John Mokaney. Abraham Hedge had about three barrells last sumer, 
which it is vncertaine whether invoced or noe. 



The cellect men of the towne of Yarmouth, this Court, returned the 
names of Teage Jones, for not coming to meeting, and Nicholas Nicarson, for 
refusing to appeer att the suiiions of the said cellect men, and for neglecting to 
come to the publicke worship of God. 

This Court haue ordered and appointed Capt James Cudworth and M"" 
Joseph Tilden, in the behalie of Elizabeth Williams, the wife of John Wil- 
liams, to demaund and receiue what is due to her from her said husband 
for her annuall allowance according to order of Court, and that incase there 
shalbe occation therof, that one of them bee an apriser of that which shalbe 
payed vnto her in that behalfe, and incase either of them shalbe by Proui- 
dence hindered from pforming what is required of them in that case, that then 
John Hallett is to supply his rome by the Courts appointment. 

In reference to the complaint of Wiliam Eandall against John Biyant, 

*John Cooke was appointed by the Court to solemnize marriage in the 
towne of Dartmouth, and to giue oath to witnesse for the grand en quest and 
for the tryall of causes. 

Saijeant James Shaw and Arther Hathewey are appointed by the Court 
to exercise the men in armcs in the towne of Dartmouth. 

In reference vnto the estate of Thomas Ewer, the Court haue appointed 
Thomas Laythorp and Shuball Linnitt to take his estate and adminnester 
theron, and to be gaurdians alsoe to the children. 

Thomas Huckeus is authorised by the Court to adminnester on the estate 
of John Turner, deceased, and, with the advice of M"^ Hinckley and Rt 
Bacon, to pay some smale debts due from the same. 

A Writing appointed to be recorded. 

To our honored GoQ, M'^ Prence, and the rest of the honored Court, our 
humble petition, which wee, whose names are vnderwritten, doe present vnto 
youer fauorable consideration, that forasmuch as it hath pleased God by his 
ordering hand of Prouidence to dispose of things soe that our father in law, 
Wiliam Nicarson, hath purchased a portion of land att Manamoiett or thera- 
bouts to accomodate his children and posteritie withall for our comfortable 
subsisting, and that through the blessing of God vpon our labors wee might 
Hue and not be chargable, hee hath gien it vnto his children to accotiiodate vs 

\0L. IV. 20 



5 June. 

Pkence, 

Gou". 



[*149.] 



5 June 
Prence, 



154 PLYMOUTH COLONY RECORDS. 

166 7. and our posteiitie withall ; and wee doe not desire to line alone, but are willing 
to receiue soe many inhabitants as theire is land to accoinodate them with, soe 
that wee may goe on in a way of peace and loue, for the glory of God and 
GoD«. the good and welfare of the goQment, and the inlargment therof and the good 
one of another ; for the greatest pte of vs haue bine brought vp vnder this 
goiiment, and our desires are to continew vnder this goQment ; still, if the 
Lord shalbe pleased to graunt vs to find fauor with the Coiu't to graunt 
our request, and our request to the honored Court is, that they would be 
pleased to graunt vs libertie to settle a township att Manamoiett or thera- 
bouts with as many inhabitants as wee shall see the land will comfortably 
accomodate, soe that they be townsmen that wee can close with, wee shall 
wilUngly receiue them, vpon the condition that they shall pay theire ptes of the 
purchase according as wee shall agree, and not otherwaies ; and if the Court 
shalbe pleased to graunt our petition, wee shall count it a great fauor from 
God and fauor from and fauor from the Court ; thuse hoping to find fauora- 
ble answare from the honored Court, wee rest, 

WILLAM NICARSON, Seni', 
NICHOLAS NICARSON, 
ROBERT NICARSON, 
SAMUELL NICARSON", 
JOHN NICARSON, 
WILLAM NICARSON, Juni^ 
JOSEPH NICARSON, 
ROBERT ELDRED, 
TRUSTRUM HEDGES, 
The 4- of July, 1663. ' NATHANIEL COUELL. 

[*150.] *Att this Court, Benjamine Bartlett complained against his servant, 

named John Cooper, for refusing to serue him vnlesse his indenture could be 
produced, which was supposed by him to bee ployned and made away ; the 
Court, vnderstanding by sufficient euidence that bee is yett to serue him three 
yeares, ordered him either to accept of such conditions as were agreed on 
betwixt his said master and him since this controversy arose, or to be forth- 
with publickly whipt and forced to returne to his said master ; after this they 
renewed the conditions, and soe the mater for p>sent is ended. 

Att this Court, Robert Pinion was taken vp as a vagarant and publickly 
whipt, and ordered with a passe forthwith to depart the goiiment. 

Att this Court, a jury was named and ordered to bee impaneled to lay 
out all waies requisett in the township of Bridgwater. 



COURT ORDERS. I55 

Theire names are as folio wetli : — 16 6 7. 

Nicholas Byram, Arther Harris, 5 ju^e. 

Samuel Edson, John Carrey, Prence, 

God". 
Thomas Haward, Seni', Ensigne John Haward, Captaine Brad- 

Packer, Marke Laythorp, ' ^°""* °''^''"'^ ^y 

•^ ^' the Court to 

M' Nathaniel Willis, Robert Latham, impaneli this 

Leiftenant Thomas Haward, Joseph Aldin. ^'^'^' 

And if by Prouidence any of these be hindered, that then Samuell AUin 
and John Aimes doe supply. 

Lres of adminnestration were graunted vnto Wiliam Bassett, Juni'^, to 
adminnester on the estate of Wiliam Bassett, Seni"', deceased. 

Lres of adminnestration were graunted vnto Henery Dillingham and 
John Dillingham to adminnester on the estate of M"^ Edward Dillingham, 
deceased. 

Lres of adminnestration were likewise graunted ynto Mary Hacke to 
adminnester on the estate of Wiliam Hacke. 

Letters of adminnestration were likewise graunted vnto M"" Joseph Tildin These were 
to adminnester vpon the estate of M"^ Timothy Hatherley, deceased ; and the berso'^eee^'"' 
said M' Tilden is heerby ordered and impowered to receiue and dispose of the Seemore.WiUs 

and Invento- 

said estate in reference vnto payment of debts and legacies due from the estate ryes recorded, 
soe farr as there is estate to discharge, and in all points to acte and doe what 
euer may be requisite for preserueing and disposing of that estate as an admin- 
nestrator according to the will of the deceased. 

*Eichard Boui-ne and Wiliam Paybody are appointed by the Court to P151.] 
view a certaine peece of land purchased of the Indians by Thomas Dexter, 
Juni"" ; and incase they shall judge, that for quantify and quallitie it will nott 
accoinodate more then one, that it be then settled vpon the said Thomas 
Dexter. 

Joseph Burge, of Sandwich, for disorderly healping away of horses out 
of the coUonie, is fined twenty shilling to the vse of the coUonie. 

Samuell Jackson, for breaking the Kings peace, is fined three shillings 
and four pence. 

Att this Court, Wiliam Nicarson, Robert Eldred, and Nathaniell Couell 
appeered, according to theire bond, but gaue noe satisfaction to the Court for 
theire ofience, and att last themselues and some frinds desired further time to 
consider, as alsoe a coppy of his writing to CoUonell NicoUs to puse and take 
notice of the pticulars, promising to apply themselues speedily to giue satis- 



6 June. 
Peence. 



156 PLYMOUTH COLONY EECORDS. 

1667. faction, whervpon the Court, willing yett to extend lenitie, desireing reforma- 
tion rather than seuerity and sharpnes, gaue them vntill the next Court of his 
ma"^, to be holden att Plymouth the first Tusday in July next, to giue theire 
GoiJ"- . answare, alsoe takeing theire owne engagement for theire appeerance theratt. 

Forasmuch as the inhabitants of Plymouth haue graunted vnto Nathaniel 
Warren and Joseph Warren, to each of them, fourteen acrees of meddow att 
or about Agawaam, out of that which was formerly purchased, they being in 
great nessesitie therof, and the said towne not in a capasitie otherwise to sup- 
ply them, the Court, not willing to alow of any pticular proprietie there, yett 
for the reasons forenamed doe approue therof, and doe prohibite any further 
graunt in that kind vntill they shall otherwise order. 

Att this Court, Mary Hacke, of Taunton, solhsited the Court to haue 
libertie to bestoAv herselfe in marriage, and produced diuers testimonies to 
make it manifest to the Court that Wiliam Hacke, her husband, is dead, hee 
haueing left her about three yeares since, and went for England, and that shee 
neuer receiued any letter from him since, nor any other intilligence from or 
concerning him, saue the said testimonies, which serued to euidence that hee 
is deceased. The Court not being satisfyed in the testimonies soe fully as to 
graunt her libertie of marriage att the g>sent, they rcfered the case for further 
clearing vntill the next October Court. 

This Court was adjourned vntill the third day of July next in reference 
vnto the Court of Majestrates and Deputies. 

[*152.] *Instructions for the Comissioners for the Jurisdiction of New Plymouth. 

1. That incase the confederation hold, that it be better obserued then it 
formerly hath bine. 

2. That whatsoeuer the comissioners doe agree vpon, either relateing to 
desolueing and breakeing vp of the confederation between the coUonies or 
theire revniting, shalbe proposed to the seuerall Generall Courts of the 
respectiue goQments, and assented vnto by them before it shalbe binding 
vnto them. 

3. That you indeauor to vindicate the collonie from the false aspersions 
that are cast vpon vs conserning the breach of the former confederation. 

4. That if there be a revniting, some speedy course may be taken to 
settle the propositions both of men and charges more equally then it is att 
f>sent, by reason that since the first settlement therof some of the collonies are 
more increased then others. 

5. That inquiry be made about the wampam in Conecticutts hands. 

6. That if there be a revniting, (which wee rather desire, may it be 



5 June. 

PllENOE, 



COURT ORDERS. 157 

vpon equall tearmes,) wee desire it may be taken notice off and expressed that 1 G G 7. 
wee reserue our alii science to the crowne of England. 

Memorand : that you signify vnto the Massachusetts coinissioners, that 
wee take it ill that wee can not for oiu- moneyes be supplyed with ariiunition, ^°"°- 
although they haue good quantities in theire hands. 

And signed by order of the Court for the jurisdiction of N. Plymouth, 

i> me, NATH: MORTON, Secre'. 

N. Plymouth, June the flft, 1667. 

Att this Court, warrant were issued out from the Court to leuy by rate 
the sume of two hundred eighty six pound eighteen shillinges and eight pence, 
for the publicke charges of the countrey. 



*Jilt the Court held att Plymouth the 2'""' of July, 1667. 2 juiy. 

[*153.] 

Before Thomas Prence, Goii, Wiliam Bradford, 

John Aldin, Thomas Hinckley, 

Josias Winslow, Nath Bacon, and 

Thomas Southworth, John Freeman, 

Assistants, &6. 

WHEEAS Wiliam Nicarson, Eobert Eldred, and Nath Couell, of Man- 
namoiett, were bound to appeer att the Court holden heer for his ma''* 
the first Tusday in June last, to make answare to a writing exhibited to the 
Honno'''" Collonell Richard Nicolls, bearing date Aprill the second, 1666, wher- 
in are contained many pticulars greatly scandulous to his ma'"*^ Court of this 
jurisdiction of New Plymouth, in which Court the grand enquest were de- 
tained in order to the issueing of the case vntill the said Nicarson seemed to 
fall in the case, and seemed willing to apply himself to take notice of his 
abuses therin offered, and to giue satisfaction for the same ; which that hee 
might the better doe, the Court graunted him a coppy of his aforsaid decla- 
ration in writing, vpon his engagement to giue timely knowlidge vnto M' 
Hinckley or some of the majestrates there what hee would doe therin, and 
soe this Court might be in a reddines to proceed to an issue of the case ; but 
hee failing to make tiinly returne about the ^mises, and not applying himself 
to giue any reasonable satisfaction to answare vnto this complaint, and foras- 



158 PLYMOUTH COLONY EECORDS. 

1667. much alsoe as wee haue in this interem of time receiued another letter of his 

'""^ ' ' to CoUonell NicoUs, dated February, 66, wherby it appeereth hee still goes on 

Prenoe *° abuse them as formerly, vpon the considerations aboue mensioned, this Court 

Gou". haue seen cause to bind ouer the abouesaid Nicarson, Eldred, and Couell vnto 

the next Court, to bee holden heer on the last Tusday in October next, to 

answare for the abouesaid scandulouse papers. 

M'' Hinckly and M"^ Bacon were ordered by the Court to make dilligent 
enquiry concerning the liquors brought into the towne of Sandwich. 

Daniell Smith is alowed by the Court to keep an ordinary in the towne 
of Rehoboth for the entertainment of strangers, incase Goodwife Abell lay it 
downe ; and hee is likewise authorised to looke after the excise in that towne, 
and to draw and sell liquors there. 

It is ordered by the Court, that the first pte of the rates to be directed to 
the Treasurer be brought in by the first of October next. 

[By a mistake of Secretary Morton, no pages were numbered *154-*157.] 

r*158.] *Att this Court, Nicholas Nicarson was detected before the Court by two 

witnesses for speakeing of some approbrious speeches against M"" Thomas 
Thornton, in saying that the said M' Thornton said, that if a man haue not 
of his owne to pay towards the minnesters maintainance, hee must borrow it 
of his naighbour ; the said Nicarson alsoe affeirmed, that a certaine sermon the 
said M"^ Thornton taught was halfe of it lyes ; hee, the said Nicarson, acknowl- 
idging before the Court that hee hath done him wronge in soe saying, and 
engaging that hee would publickly acknowlidge his fault therin, likewise att a 
convenient time att the meeting house att Yarmouth, and promising reforma- 
tion in that behalfe, was released, and this fault passed by. 

In reference vnto the complaint of John Barnes against Thomas Dotey, 
for detaining of fourscore and ten pounds of marchantable tobacco, and a debt 
of seauen shillinges due for goods, as the said Barnes saith, the Court doe 
award the said Thomas Dotey to pay or cause to be payed vnto the said John 
Barnes or his order one hundred pounds of marchantable tobacco within one 
month after the date heerof ; and in reference vnto the seuen shillinges nomi- 
nated, that incase John Holmes should come in and testify vpon his oath that 
hee hath payed fiue shillinges vnto the said Barnes in the behalfe of the said 
Dotey, that then the said Barnes should rest satisfyed ; which accordingly the 
said Holmes did before the Court broke vp, and soe the case was finally 
determined. 

Arther Howland, Juni'', did soUemly and seriously engage before this 



COUKT ORDERS. 159 

Com-t, that hee will wholly desist and neuer apply himselfe for the future, 16 6 7. 
as formerly hee hath done, to Mistris Elizabeth Prence in reference vnto ^ "^ ' 

2 July. 

marriage. , „ 

o Pkenoe, 

The Court haue alowed the suine of ten pounds towards the building of Gou". 
a bridge ouer Taunton Riuer. 

The Court haue alowed the suine of twenty two pounds, with that which 
is alreddy expended, towards the building of a bridge ouer the Eelriuer, in 
the place wher it now is ; and incase it be not accepted, that it be signifyed 
to the next October Court, that soe the Court may order a way and bridge 
elswhere. 

The Court doth pmitt the towne of Sandwich, in regard of theire 
scarcitie of men fitt for publicke imployment, to send but one deputie to the 
Generall Courts. 

*The Conrt haue graunted vnto Esra Perrey twenty acrees of land, to [*159.] 
be aded to his thirty acrees formerly graunted, being in the purchase of M' 
Edmond Freeman, Juni', and not suitable for any one besides, being ther is 
noe meddow belonging to it. 

One hundred acrees of land is graunted vnto Henery Wood vpon Namas- 
sakett Riuer or elswhere, if it may be found, haueing a great posteritie to 
succeed him. 

Thirty or forty acrees of land is graunted vnto M"^ Wiliam CoUyare, with 
some meddow to it, for his grand child, if it may be had, viz^, that grand child 
whoe is now seruicable vnto him. 

The Court haue graunted vnto Wiliam Paybody the remainder of that 
land hee payed for, being a psell of poor, silly, barren land. 

The Court doe admitt of Richard Church to come with the ancient ser- 
vants for a share of land att Saconett. 

The Court haue graunted vnto Hugh Cole respecting his fathers graunt, 
being an ancient freeman, and his owne graunt, sixscore acrees of land betwixt 
Mattapoisett Eiuer and the easter bound of Acushenah. 

The Court haue graunted vnto Sarah, the wife of Thomas Haward, Juni', 
sixty acrees of land lying betwixt the line of the coUonies and the bounds of 
Bridgwater. 

The Court haue graunted vnto John Mecoy twenty six acrees of land 
and ten acrees of meddow, which was giuen him by the sachem of Sautuckett, 
lying vpon the south sea. 

The Court haue graunted vnto Thomas Tupper, Seni"^, in reference vnto 
a former graunt giuen him, that if hee can find the land, that hee shall haue 
sixscore acrees. 



160 PLYMOUTH COLONY RECORDS. 



2 July. 

PUENCE, 



1667. Liberty is graunted viito Joseph and Barnabas Laythorp to looke out for 

land for tlieire supply. 

The Court haue graunted vnto Ensigne Marke Eames and Isacke Chet- 
^°^^- tenden that they may haue theire portions of land formerly graunted them in 
some other place, forasmuch as the place formerly graunted them was not 
sufficient to accomodate them. 

Libertie is graunted vnto Daniell Cole to looke out a psell of land to 
accomodate him and his children, and to purchase it by order from the Coui-t. 
[*160.] *The Court haue graunted vnto Wiliam Barstow, that hee shall haue a 

psell of land ordered and layed out vnto him lying to the westwards of Cor- 
nett Studsons graunt, in reference to satisfaction for his paines, &(3, in the 
countrey busines, to be soe ordered and layed forth by the major and the 
Treasurer ; and if that they shall judg it more then his said paines deserues, 
that hee shall pay for the rest. 

The Court haue graunted vnto some ancient freemen liueing in Taunton, 
vizj, Eichard Williams, Walter Dean, Goi'ge Hall, Allis Dean, the wife of 
John Deane, deceased, M'' John Poole, Peter Pitts, James Walker, and Henery 
Andrewes, that they shall haue some supplyes of land vpon the west syde of 
Taunton Riuer, if not alreddy graunted to any other ; or some other place, 
if it may be obtained. 

The Court haue ordered, that Captaine Bradford and the Treasurer shall 
view the land desired by Bridgwater in reference to theire inlargment, accord-r 
ing to theire petition prefered to the Court July the fift, 1667, and to make 
report therof to the Court, that soe the Court may determine therin as they 
shall see cause. 

The Court haue gratmted vnto Robert Finney one hundred acrees of land 
where M"" Alden and Captaine Southworth hath land att Namassakett Riuer, 
if it may be had there ; if not, then to haue such a portion with Hugh Cole, 
neare Acushenett. 

Libertie is graunted vnto Henery Sampson to looke out land to accomo- 
date his children. 

Likewise, libertie is graunted vnto Wiliam Clarke, Joseph Burge, of 
Sandwich, Thomas Huckens, John Tompson, Edward Dotey, and his brother 
John Dotey, and James Cole, Juni"^, to looke out for some supplyes of land, 
if it may „ had for theire accoinodation. 

Wheras M"' Thomas Hinckley and M"^ aSTathaniel Bacon hath had a former 
graunte of meddow, which att the ^sent can not be purchased, and that foras- 
much as that there is land and meddow in that tract purchased by Wiliam 
Bassett betwixt Wakoiett and Saconeesett bounds, the Court haue graunted a 



COURT ORDERS. 101 

portion of vpland and meddow -within the aforsaid purchase, if the land may 1 6 G 7. 
be had, the which quantitie is to be forty acrees to a pson with meddow, ' '^ ' 

2 July. 

according to theire former graunt. Phence 

Gou". 
[*161.] 



*In refei'ence vnto two neckes of hind purchased by ]M'' Thomas Dexter, 
Juni"', — 

The Court haue graunted vnto the said Thomas Dexter one hundred This is othcr- 

^^ise ordered : 

acrees of the vphmd therof, and haue ordered, that the remainder therof shalbe see att the toot 
settled, and doe graunt that it shall appertaine to the minnesters house att ° '° ^'^^''' 
Sandwich. 

The Court haue graunted vnto Richard Bourne, of Sandwich, a smale 
skirt of sedge, with some smale tract of vpland to it, to be viewed by Wiliam 
Paybody ; and incase it be "not found prejudiciall to INI'^ Standishes land, that 
it be settled and confeirmed to him. 

The Court haue graunted vnto John Rogers, Seni', of Duxburrow, one 
hundi-ed acrees of land Iving vpon Coteticutt Riuer, being abeddy purchased, 
if it may be had ; if not, that hee hath libertie to looke out elswhere. 

The Court haue grarmted libertie vnto Wiliam Browne, of Sandwich, 
that Richard Bourne may purchase a smale psell of land for him of Nonquit- 
numacke, if it may be had ; if not, that then hee may haue libertie to looke 
out elswhere for the quantitie of about forty acrees of vpland and six acrees 
of meddow. 

The Coui-t haue ordered, that the land graunted before mensioned shalbe 
purchased betwixt this date and the next Election Court, or otherwise to be 
suspended and rest vnporchased for the tearme of seauen yeares after. 

Libertie is graunted vnto Joseph Bui'ge, of Sandwich, Wiliam Clarke, 
Thomas Huckens, John Tompson, Edward Dotey, and his brother John 
Dotey, and James Cole, Juni"^, to looke out for some supplyes of land, if it 
be to be had. 

Joseph Bartlett is alowed the suine of seauen pounds towards the repaire- 
ing of his damage in the losse of his horse in the countreyes service. 

The generall training is appointed to be this yeare att Taunton on 
Wedensday in the second weeke of October next. 

The Court haue graunted vnto M"^ Thomas Dexter, Juni"', one hundred 
acrees of vpland, where hee shall make choise of it vpon either of those 
neckes of land by him purchased ; and incase the nccke that hee shall pitch 
vpon doe nott containe soe much, hee shall take the remainder att the end 
of the other necke that is next adjoyning and all the meddowcs by him 
purchased. 

And they haue alsoe graunted the rescdew of those lands by him there 

VOL. IV. 21 



162 PLYMOUTH COLONY RECOKDS. 

1667. purchased vnto the towne of Sandwich, for the vse of the minnestry of that 

"" " ^ place, they paying theire proportion toward the purchase of the said land. 

Premce *Samuell Fuller, the son of Samuell Fuller, Seni'^, of Barnstable, for 

^°""- selHng liquors to the Indians, is fined twenty shillinges. to'^M'^lKncUey. 

[ 162.] Richard Dwelley, hehig convicted of drunkenes the second time, is 

fined ten shillinges. 

In reference vnto Sarah, the daughter of John Smith, of Barnstable, her 
comitting of fornication, although the suiiie of ten pounds fine might be 
required for her said default, yett on some considerations the Court haue 
remited the one halfe therof, and doe require the sume of fiue pounds. 

Elizabeth Soule, for coiiiitting fornication the second time, was centanced 
to suffer corporall punishment by being whipt att the post, which accordingly 
was executed and pformed. 

Dinah Siluester, for coinitting fornication, fined ten pounds. 

Joseph Hallott & his wife, for coinitting carnall coppulation before mar- 
riage and before contract, fined 10" : 00 : 00. 
[* 163.1 *jM'' Myles and M'' Browne, for theire breach of order in seting vp of a 

publicke meeting without the knowlidge and approbation of the Court, to the 
disturbance of the peace of the place, are fined, each of them, the sume of fiue 
pounds, and M' Tanner the sume of twenty shillings. 

And wee judge, that theire continuance att Kehoboth, being very preju- 
diciall to the peace of that church and that towne, may not be alowed, and doe 
therfore order all psons concerned therin wholly to desist from the said meet- 
ing in that place or township within this month ; yett incase they shall remoue 
theire meeting vnto some other place, where they may not prejudice any other 
chxirch, and shall giue vs any reasonable satisfaction respecting theire princi- 
ples, wee know not but they may be pmitted by this goGment see to doe. 

Memorandum. Wheras there hath bine a controuersy of many yeares 
standing in this Court concerning a psell of land about Mannamoiett, pre- 
tended to be purchased by Wiliam Nicarson, Seni', of Mattaquason, and John 
Quason, Indians, which said Nicarson was somtimes of Yarmouth, — 

This is to be minded as a reall truth, that in all this time the said Wiliam 
Nicarson was neuer able to produce any deed or legall euidence of any such 
purchase, although hee hath bine seuerall times vrged thervnto in open Court, 
that soe the truth and certainty of his claime might appeer, whether for 
yeares, or tearme of life, or for inheritance. 

All that hath appeered in Court is, that there hath bine diuers goods 
giuen by the said Nicarson, and reconed by the Indians by way of bargains 
for some land, but neuer agreed how much or vpon what teai'mes ; Nicarson 



COUKT ORDEES. 163 

boldly afeirming, and the Indians as peremtorily deneylng, and soe it remaines 166 7. 
att this present ; therfore it doth easely appear how much the countrey was '' ^ 

abased by him that hath noe legall right to any lands there. Prence 

And it is further ordered by this Court, that since soe much trouble and 6°^^ 
contest hath arisen heerabouts, and complaints from the Indians alsoe, that 
fi'om henceforth the Indians be required not to make any further bargaine or 
contract with the said Nicarson about the said lands, except in the hearing or 
presence of such as the Coui-t shall appoint for such an end. 

John Cooke, of Dartmouth, is authorised by the Court to make contracts 
of marriage in the towne of Dartmouth, and hkewise to adminnester an oath 
to giue euidence to the grand enquest, and likewise to adminnester an oath to 
any witnesses for the tryall of a case as occation may require ; and incase any 
pson or psons resideing in this jurisdiction shall haue occation to coinence a 
suite against any stranger or forraigner, it shalbe lawfull for the said John 
Cooke to issue out warrants in his ma''** name to bind ouer any pson or psons 
to answare the said suite att his ma*"^^ Court to be holden att Plymouth att 
any time by attachment or summons as occation may require, and that hee 
shall giue forth suppenaes to warne wittnes. 

*Vpon a motion of marriage betwixt John Phillips, of Marshfeild, and [*164.J 
Faith Dotey, of Plymouth, in the jurisdiction of Plymouth, in New England, 
in America, these pticulars were joyntly concluded of by the abouesaid pties, 
as folio weth : — 

Imprimis. That the children of both the said pties shall remaine att the 
free and proper and onely dispose of theire owne naturall parents, as they 
shall see good to dispose of them. / 

Secondly. That the said Faith Dotey is to enjoy all her house and land, 
goods and catties, that shee is now posessed of, to her owne proper vse, to 
dispose of them att her owne free will from time to time, and att any time, as 
shee shall see cause. 

Thirdly. That incase by death God should remoue the said John Phil- 
lips before her, that shee come to be left a widdow, that then shee shall haue 
and enjoy one third pte, or one pte of three, of all his estate that hee dieth 
posessed of for her liuelyhood during her life, — that is to say, one third of 
all his estate, either house, lands, or any other his reall estate, — and att the 
end of her life, then it shall returne to the heires of the said John Philhps, 
excepting her wearing apparrell and her bed and beding, and such furnitui-e 
as belonges thervnto, which shee shall and may giue att her death to whom 
shee pleaseth, all the rest of the thirds to returne to the heires of the said 



164 PLYMOUTH COLONY KECORDS. 

1 6 G 7. John Phillips. In witnes wherof the said John Phillips and Faith Dotey 

" ' ' haue mutually and joyntly sett heervnto theire hands, this twenty third of 

„ Febraary, anno 1666. -> 

g,„k' Themarkeof (^ JOHN PHILLIPES. 

The marke -^ of FAITH DOTEY. 
In the psence of Ca--' 

Thomas Southworth, 

Desire Dotey. 

[*165.] *May the 20^ 1667. 

Then receiued of John Allin, John Pecke, and John Woodcocke the full 
and whole suiiie of twenty pounds, which was of the goods of Richard Orms- 
bey, deceased, which the Court graunted vnto John Godfrey, which is to be 
in full satisfaction vnto the said Godfrey for all former debts, dues, and de- 
maunds from the said estate by the said Godfrey or any vnder him from the 
begiiiing of the world to this day ; I, the said Godfrey, doe heerby discharge 
and acquitt Richard Ormsbey, his heires, exequitors, adminnestrators, or either 
of them ; alsoe, I, John Godfrey, doe discharge and acquitt John Allin, John 
Pecke, and John Woodcocke, which was appointed by the Court to adminnes- 
ter vpon the estate of Richard Ormsbey ; and I doe heerby engage, that I, 
neither any vnder mee, shall neuer trouble nor molest the said Allin, Pecke, 
or "Woodcocke, or any of them ; whervnto I haue sett my hand and seale, 
the 20* day of May, 1667; /--^ 

The marke i A of JOHN GODFREY, and a [ seaie. ) 

Signed, sealed, and deliuered in the ^sence of vs, 
John Cobleigh, 
Thomas Wood, 
Gedion Allin. 

[*166.] *.July the S'^™", 1667. 

The first session of this Court, June the 4"', 1667, Phillip, the sachem 
of Pocanakett, being ordered thervnto by Major Winslow and Captaine South- 
worth, made his psonall appeerance. 

The cause was this : the GoQ being informed by post letters from Reho- 
both that the said Phillip, though in confeaderation with vs, had expresed 
himselfe in the g>sence of seuerall of his men, importing his reddines to com- 
ply with French or Duch against the English, and soe not onely to recouer 
theire lands sold to the Enghsh, but inrich themselues with theire goods ; 
vpon which intelligence Major Winslow, Captaine Southworth, the Treasurer 



COURT ORDERS. , ]65 

SoutWorth, and others, with a pty of horse, were speedily dispatched to 16 67. 
Rehoboth to enquire of the truth of that report ; who, coming thither, found ''' ' 

. _ , 2 July. 

the Indian, the first reporter of it, to be one of Phillip the said sachems men, phejjce 
whoe freely and boldly did avouch it to his face, and soe to pticularise time, Gov". 
place, and seuerall psons, which, with diuers other cercomstances from other 
Indians and English, made the matter appeer very probably true, att least, as 
to some agitation ; but the said sachem, Phillip, stilly deneyed it, and said 
that Ninnegrett, a Narragansett sachem, had hyered this Indian to accuse him 
to vs, and doubted not but in time soe to make it to appeer, yett withall con- 
fessed the English had just cause to doe as they did vpon such a report, and 
for his ndelitie to the English was willing to surrender vp his armes to cos- 
tody of the English, which was accepted, and hee ordered to appeer att June 
Court, if happily hee might cleare himselfe of this charge. 

Att this Coui't, therfore, appeering as formerly, professing his loue and 
faithfulnes to the English, and that it was a meer plott of Ninnegrett, the 
Narragansett sachem aforsaid, his professed enimie, that had hiered this 
Indian to raise such a report of him, to breake that longe continewed loue and 
amitie between the English of N. Plymouth aiLcl him, by whom hee and his 
brother and father had bine vpheld, and to that end p'sented a letter from 
another Indian sachem of Narragansett speaking much to the same purpose ; 
but the Court, suspecting that it might bee but some faigned, as indeed it did 
appeer afterwards, resolued to send Leiftenant Hunt and Ensigne Smith, of 
Rehoboth, vnto "VVarwicke, -with some of Phillips men, and to haue the said 
Narragansett sachem examined before a majestrate of that jurisdiction, to 
heare what the said sachem could testify in the case, whoe vtterly disclaimed 
that hee had or could say any such thinge concerning Ninnegrett, as was sig- 
nifyed to the Court vnder the hand of M"^ Smith, a majestrate att Warwicke, 
and the same afFeirmed by Leiftenant Hunt and Ensigne Smith, soe that 
Phillip was left to find other proffe ; as alsoe a letter att the same time from 
IsL" Roger AVilliams asserted to the like purpose, onely that hee rendered the 
Indian that accused Phillip to haue bine a very vile fellow formerly. The 
said sachem, Phillip, still protested his inosency and faithfulnes to the English, 
by whom himselfe and progenitors had bine preserued from beiirg rewined by 
the Narragansetts, those potent enimies, pleading how erationall a thing it 
was that hee should desert his long experienced frinds, the English, and com- 
ply with the French or Duch, whoe had the last yeare kiled and carryed eigh- 
teen psons, both men and weomen, of his from Martins Viniyard, affirming 
still that it was a plott of Ninnegreets, tho hee was not att ^sent able to make 
it out, expressing his *great confidence that hee had in that ancient league r*1671 



166 PLYMOUTH COLONY RECOEDS. 

1667. with the English, whicli hee hoped they would still continew, professing that 
' ^^ ^ theire withdrawing of theire wonted fauor was little lesse then a death to him, 
glading his enimies, greiueing and weakening his frinds, and soe left himselfe 
Goveknoe] and case to the Court ; who talceing it into serious consideration, not willing 
to desert him and. lett him sincke, though there was great prohabillitie that 
his tongue had bine ruiiing out, yett not haueing such due profFe as was meet, 
judged it better to keep a watchfuU eye ouer him, and still to continew tearmes 
of loue and amitie with him, vnlesse somthing further did manifestly appeer, 
and hee to beare pte of the charge, and soe haueing twenty dayes giuen him 
to appeer att Plymouth to make a finall issue ; att which day appointed hee 
and his principall men appeered, where, after much debate with the GoQ, 
Major Winslow, Captaine Southworth, and the Tresurer, came to this 
issue : — 

1. That if noe further matter did appeer against him, wee should looke 
att him and carry towards him as formerly. 

2. And that hee should beare forty pound of the charge of the expedi- 
tion, and the countrey the rest. 

3. And that incase any such occation should be for the future, except 
apparently dangerous, wee would send to him by letter or messenger ; vpon 
notice by either, hee engaged speedily to come. 

4. That incase hee can yett make it out that this late report is indeed a 
meer plott betwen Ninnegrett and the Indian, wee will giue him the best 
aduise wee can that hee may haue som due reparation. 

5. Haueing giuen bills for the payment of the forty pounds aforsaid, his 
armes both att Plymouth and Rehoboth were all ordered to be deliuered againe 
vnto him and to his men ; which was thankefully accepted, and soe the case 
att ^sent issued. 



COURT ORDEES. 167 

*Mt the Court held att Plymouth, for the Jurisdiction of JY. Plym- 1667. 
outh, the thirtieth of October, 1667. ''~~~^ ^ 

30 October. 

Eefore Thomas Prence, Gou% AViliam Bradford, governor.] 

John Alden, Thomas Hinckley, [* 168.1 

Josias Winslow, John Freeman, and 

Thomas Southworth, Nathaneell Bacon, 

Assistants, &6. 

WHEEAS the Coui-t haue formerly determined, that John "Williams, 
Juni', of Scittuate, shall alow vnto Elizabeth, his wife, the suine of 
ten pounds p yeare for her maintainance vntill, by theire mutuall agi'eement 
or the Courts appointment, they shall come to liue together againe, this Court 
doth farther order, that the said Williams shall yearly renew bonds for the 
current discharge and payment therof. 

Att this Court, three Indians, namely, Simon, Monchase, and Assoot, for 
goeing oil board the boate of Simon Steuens att Cape Cod and takeing away 
a caske of liquor, and haueing a hand in the imbezeling and spending therof, 
were centanced by the Court to be whipt att the post att Plymouth, which 
accordingly was pformed ; Hkewise, other six Indians, vizj, Lawrance, Que- 
quec[uancett, James, Moses, and Wamant, and Monchasacke, for theire being 
ptenors with the other in the imbezeling away of the said liquor, were cen- 
tanced and stand bound vnto the Court to pay the suine of ten pounds, to be 
deliuered to Leiftenant Freeman att his house att Eastham in Indian corne, or 
porke, or feathers, for the coUonies vse, betwixt the date heerof and the first 
day of May next ensuing. 

Att the request of the towne of Yarmouth, the Court haue appointed 
Andrew Hallett, Thomas Howes, and John Thacher to be aded vnto the 
comittees of Yarmouth for the desposing of lands in that township, and to 
acte in all such like cases as formerly the said coiiiittee hath done. 

The Court doe approue of and appoint John Miller to keep an ordinary 
att Yarmouth. 

The Court doe appoint Captaine Southworth to purchase the land of the 
Indians which is desired by Henery Wood, according, to a former graunt. 

Wheras the Court is informed that there is a mare, and a coult, and a 
gun, and a little linnine cloth, and a sow, and three piggs in the costody of 
John Allin, John Woodcocke, and John Pecke, adminnestrators of the estate 
of Richard Ormsbey, deceased, the Court haue ordered the said pticulars to 
be deliuered to the two youngest sonns of the said Ormsbey. 



168 PLYMOUTH COLONY RECQRDS. 

1667. James Doiightey, for his eregular carnage in indeauoring to release 

' '' ^ Thomas Suiners, a prisoner orderly comitted, is fined the suine of forty shil- 

30 October. ,. , ^, . 

p nngs to the coilonies Tse. 

God". Abraham SutlifFe, for expressing of viigodly and atheisticall speeches in 

his drunkenes, is fined the sume of four pounds, and for his being drunke is 
fined fiue shillings, to the coilonies vse. 

Wiliam Nicarson appeared att this Court to ansAvare for his exhibiting 
of a writing to the Hono''''* CoUonell Richard Nicolls, bearing date Aprill the 
goond^ 1666, and alsoe another writing bearing date the 23 of February, 1666, 
the former wherof consented vnto by Robert Eldred and Nathaniel Couell, 
sons in law to the said William Xicarson, in which said writings are contained 
many pticulars greatly scandulous to his ma""^ Court of this jurisdiction of 
New Plymouth and the body of the fieemen therof, in which respect they 
might justly haue bin amerced in a great sume to haue payed by way of fine ; 
notwithstanding, the Court, obseruing that they did in soni sort take to and 
acknowlidg theire fault therin, and alsoe in reference vnto the request of the 
said Collonell NicoUs in theire behalfe, haue fined the said Nicarson the sume 
of ten pounds, and the said Eldred and Couell, each of them, fiue pounds. 

The suivie of fifty shillings is ordered by the Court to be J)ayed vnto 
Samuell Jackson by Hugh Cole, for the takeing vp of his boate, which went 
on drift. 

tres of adminnestration was graunted by the Court vnto John Thacher 
to adminnester on the estate of M"^ Anthony Thacher, deceased. 

Likewise, letters of adminnestration were graunted vnto Sarah, the wife 
of Nathaniel Warren, deceased, to adminnester on his estate. 
[*169.] *Att this Court, John Arther, of Road Hand, appeered to make com- 

plaint of seuerall Indians for abusing of him by dispossesing him of his house 
and otherwise att Pocasseeset, neare Road Hand ferry ; vnto wlrich the Court 
answared, that incase hee would nominate the said Indians, and be reddy to 
make out against them the said charges, they would warne them in to make 
answare thervnto. 

Thomas Delanoy, for haueing carnall coppulation with his now wife 
before marriage, fined the sume of ten pounds. 

In reference vnto a controuersy between the English and the Indians 
about runing the line of the bounds of Dartmouth, the Couit haue ordered, 
that incase Robert Hazard, of Rhode Hand, may be procured, that hee run 
the line, with the inspection of such as shalbe approued both by the English 
of the said towne and the Indians ; but incase hee can not be procured, that 
John Cobb, of Taunton, shall run the said line ; and that this shalbe a finall 



30 October. 

Piiiixcn, 

GOL-". 



COURT ORDERS. 169 

end of this controuersy, and that the charge of the busines shalbe bourne by ] G0 7. 
the said towne. 

*Wheras libertie hath bine formerly graunted by the Court for the juris- 
diction of N. Plymouth vnto Captaine Thomas Willett and his naighbours att 
"\^ annamoisett, to become a township there if they should see good ; and that L -*■ ' ^- J 
lately the said C'apt AVillett and ^I' Myles, and others theire naighbours, haue 
rec[uested of the Court that they may become a township there or neare 
thervnto, and likewise to haue graunted vnto them such psells of land as 
might be accofnodate thervnto not desposed of to other townships, this Court 
haue graunted A-nto them all such lands that lyeth between the saltwater bay 
and coming vp Taunton Riuer, vizj : all the land between the said salt water 
and riuer and the bounds of Taunton and Eehoboth, not prejudiceing any 
mans pticular interest ; and forasmuch as Rehoboth hath meddow lands within 
the line of Wanuamoisett, and "VVannamoisett hath lands within the line of 
Eehoboth lying neare the south line of Eehoboth, if the two townshipps can- 
not agree about them amongst themselues, the Court reserues it within theire 
power to determine any such controuersy. 

The Court haue ordered and authorised ^I'' Thomas Kinge, of Scittuate, 
to adminnester an oath to such witnesses as shalbe disabled through weaknes 
to appeer att the Court to giue euidence or testimony to any case, and likewise 
to graunt subpenaes for the war