/ '<. 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/cu31924026109797 F 67U^d^°"^^" University Library V.5 ''*''?iwfMi?Li'!llf.,,8P''*'"'>'^ ""' company of t L 3 1924 026 109 797 RECORDS OF MASSACHUSETTS' YOL. Y. 1674-1686 RECORDS OF THE GOVERNOR AND COMPANY OF THE MASSACHUSETTS BAY IN NEW ENGLAND. PRINTED BY ORDER OF THE LEGISLATURE. EDITED BY NATHANIEL B. SHURTLEFF, M.D., MEMBER OF THE MASSACHUSETTS HISTORICAL SOCIETY, rELLOW OF THE AMERICAN ACADEMY OF ARTS AND SCIENCES, AND MEMBER OF THE AMERICAN ANTIQUARIAN SOCIETY. VOL. Y. 1674-1686, BOSTON: FROM THE PEESS OF WILLIAM WHITE, PRINTER TO THE COMMONWEALTn. 185 4. i^ tlNIVERSITYJ v\ LiORARV REMARKS rilHE fifth volume of the manuscript records commences with the pro- J- ceedings of the General Court of Election which convened at Bos- ton on the twenty-seventh of May, 1674, and includes all the records of the Massachusetts Colony, for a period of about thirteen years, from that time to the close of the May session in 1686, when the gov- ernment of Massachusetts devolved upon Joseph Dudley, Esq., as Presi- dent. The original manuscript is in an excellent state of preservation, and is mainly in the chirography of Mr. Edward Rawson, Secretary of the Colony. ]Many parts of the volume are written in such a manner that they are read with very great difficulty by those who are not familiar with the peculiar style of the Secretary. As is stated in the remarks printed in connection with the third volume, the records appear to have been made up some time after the daily meetings of the sessions of the General Court were held, from minutes on separate papers, and are not arranged strictly chronologically in the order that occurrences took place from day to day during the sessions. The marginal dates supplied by the editor must not therefore, in all cases, be relied upon as exactly correct, but merely as approxima- tions to truth. The lists of freemen will be found arranged in chronological order at the end of the volume, together with certain other miscellaneous mat- ter recorded in the original at the close of the manuscript. The General Index, prepared chiefly by Mr. Charles E. Stevens, will be found to be very full, and undoubtedly correct. An Index of the freemen has been added, as in the preceding printed volumes. N. B. S. December, 1854. MARKS AND CONTRACTIONS. A Dash " (or straight line) over a letter indicates the omission of the letter following the one marked. A Curved Line ~ indicates the omission of one or more letters next to the one marked. A Superior Letter indicates the omission of contiguous letters, either pre- ceding or following it. A Caret ^ indicates an omission in the original record. A Cross X indicates a lost or unintelligible word. All doubtful words supplied by the editor are included between brackets, [ ]. Some redundancies in the original record are printed in Italics. Some interlineations, that occur in the original record, are put between parallels, || ||. Several characters have special significations, namely : — o, — mo, month. @, — annum, anno. a, — an, am, — curia, curiam. a, — matrate, magistrate. T&, — ber, — numft, number ; Roht, Robert. c, — ci, ti, — accon, action. c(S, — tio, — jurisdiccon, jurisdiction. d, — ere, cer, — a6s, acres. d, — dd, delivered. e, — Trer, Treasurer. e, — committe, committee, g, — gnlal, general, h, — chr, charter. 1, — begig, beginig, beginning, i, — ire, letter. m, — mm, mn, — comittee, commit- tee, ffi, — recomdacbn, recommendation, ffl, — mer, — forffilly, formerly. A, — month. ii, — nn, — Pen, Penn ; aiio, anno, n, — Dni, Domini, fl, — ner, — manS, manner. o, — on, — mentio, mention. p, — par, por, — pt, part ; ption, por- tion. p, — per, — pson, person. p, — pro, — pporcon, proportion. p, — pre, — psent, present. q,, — q,stion, question. ^, — es^, esquire. f , — Apr, April. s, — s, session ; sd, said. s, — ser, — svants, servants. I, — ter, — neu£, neuter. ?, — cap?, captain. Q, — uer, — seQal, seueral. u, — abou, aboue, above. ^, — ver, — se?al, several. w, — wn, when. y", the ; y", them ; y°, then ; y', their ; y', this ; y', that. 3, — us, — vilibs, vlllbus. {j — e's, et, — statute statutes. {d, &6, &c», — et csetera. vizj, — videlicet, namely. ./ — ■ full point. (iii) CONTENTS OF YOLUME Y. THE COLONY RECORDS, 1674—1686, 1 MISCELLANEOUS RECORDS, 519 GRANT TO WILLIAM BLATHWAYT, ESQ., •• ... 521 DEPUTATION OF WILLIAM BLATHWAYT, ESQ., TO ED- WARD RANDOLPH, ESQ., 526 CERTIFICATE OF THE APPOINTMENT OF WILLIAM DYRE, ESQ., SURVEYOR GENERAL OF CUSTOMS, 530 POWER OF ATTORNEY FROM JOHN AWASSAMUG TO THOMAS AWASSAMUG, 531 DEED FROM JOHN AWASSAMOAG AND OTHERS TO THOMAS AWASSAMOAG, 531 DEED FROM THOMAS AWASSOMOAG TO EDWARD RAWSON, 533 FREEMEN OF THE COLONY, 1674—1686, 536 GENERAL INDEX, 545 INDEX OF FREEMEN, 611 (V ) THE COLONY RECORDS 1674-1686 MASSACHUSETTS RECORDS. THE EECORDS OF THE COLONY OF THE MASSACHUSETTS BAY IN NEW ENGLAND. [Volume five of the Massachusetts Colony Records, the original of which is, with the exception of a few pages, in the handwriting of Secretary Rawson, commences here. The manuscript includes the proceedings of the General Court for about thirteen years, commencing with the records of the Court of Election which convened on the twenty-seventh of May, 167'!, and closing with the termination of the May session in 1686. As in preceding volumes, the names of those who were admitted, during this time, to the freedom of the colony, are placed in chronological order at the end of the printed volume, as are also certain miscellaneous entries, which were written on the last pages of the original.] *Att a Generall Court for Election', held at Boston, in JVew Eng- 1674 land, 27"" May, 1674. 'OHN LEUERET, Es^, was chosen Goueno' for the yeare ensuing, & tooke his oath. Samuel Symonds, Es^, was chosen Deputy GoQno'^, & tooke his oath. Symon Bradstreet, Es^, was chosen Assistant & 1^* Comission in reserue. Daniel Gookin, Daniel Dennison, & Majo'' Generall & 2"^ Comissio' in reserve. Symoa^ Willard, Richard Russell, Thomas Danforth, W™ Hauthorne, John Pynchon, Edw Tyng, W^ Staughton, and Thomas Clarke, & Treasurer. & 1'* Comission'^ for the Vnited Colonyes. Es^s, were chosen Assistants, & tooke their seuerall oathes. 2 Comission' for the Vnited Colonyes. 27 May. Edward Rawson was chosen Secretary for y" yeare ensuing, & tooke his oath. VOL. V. 2 THE RECORDS OF THE COLONY OF 1674. The names of the Seuerall deputjes sent & returnd from the seuerall ■* tonnes to serve at this General! Cota't are as foUoweth : — 27 May. Salem : Capt Georg Corwm, M'^ Henry Bartholmew. Charls T. : Capt Jn" Allen, M' Joseph Lynde. Dorchster : Capt Hopstil Foster, Left Jn" Capen. Boston : M' Antho Stoddard, Left Tho Clarke. Roxbury : M"^ W» Parkes, M' Joseph Dudley. Water Toun : Capt Hugh Mason, Left Rich Beeres. Cambr : Capt Tho Prentice, M"^ Edw Oakes. Lynn : Ensigne Jn° Fuller. Ips: Capt Jn°^pleton, M"" Jn" Whiple. Newt : Left Archelaus Woodman. Waymo : M"^ Tho Dyer. Hingh : Capt Joshua Hubbard. Conco : M"^ Peter Bulkley. Dedh : Capt Daniel Fisher. Hampt : M' Samuel Dalton. Springf. : Capt Elizur Holyoke. Eouley : M"^ Maximilljan Jewett, M' Henry Allen. Braintry : Capt Richard Bracket. Doner : Capt Richard Walderne, M"^ Anthony Nutter. Sudbury : Capt Edmond Goodenow. Hauerill : M"^ Henry Palmer. Wooborne : M' Humphry Davy, Left W"" Johnson. Portsmouth : Capt Richard Cutt. Maiden : Capt Jn° Wayte. Kettery : Capt Charls Frost. Yorke : M' Edw Rishworth. Meadfeild : Left Henry Addams. » Northampton : Left W™ Clarke. Hadley : M' Peeter Tylton. Scarborow : M' Peter Bracket. Westfeild : Left Jn° Hull. Beverly : Capt Tho Lauthrop. r*o 1 ^^P* ^^'^^ Waldem was chosen Speaker for this session. County Court to renew exe- *Whereas, in the levying of executions, there haue ffallen out manv diffi- cutions in case, . J "■ &c. cultjes, whereby the judgments obteyned haue bin made frustrate, fibr the 27 May. THE MASSACHUSETTS BAY IN NEW ENGLAND. prevention whereof, the Court doeth order and declare, where any execution 1674. shall be levyed on any houses, lands, and goods, and deliuered to the partjes for whom the judgment was granted, and the sajd execcution returned accord- ing to law, if it shall appeare the person whose lands, goods, or houses were levyed by execution, haue affirmed, or deliuered, or tendered, the sajd goods, lands, or houses as his oune, which in reality were not his oune propper estate, and in the same condition of estate as he did tender them either to the officer or partjes for whom the execution is levyed, such person so endeavoring by such action to delude the law and defraude the creddito'' shall be Ijable to pay double damages to the party greived, and pay such fine as the County Coiu-t shall see cause to impose. And if any party that hath obteyned an execution shall adventure to levy the same vpon lands, houses, or goods, coinonly accounted the houses, lands, or goods of the person against whom the judgment was granted, and the exe- cution be returnd according to lawe, if it afterwards appeare the sajd houses, or lands, or goods were not the houses, lands, or goods of the sajd partjes against whom the judgment was given, the party that was so mistaken making the same to appeare to the Court that granted the judgment, the sajd Court shall order a new execution for the sattisfying of the judgment, notw*stand- ing the former execution returned. Whereas it is of great moment in the administration of justice that all Clerks of Courts & re- matters of reccords should be faithfully entred and kept, and as occasion is corders to be <• ,1 Bwornc. given forth, — It is ordered and enacted by the authority of this Court, that from hence- forth the seuerall clarkes or reccorders of the publicke Courts of justice and the recorders of the seuerall countjes in this jurisdiction shall be sworne by the Courts to which they belong vnto the faithfull discharge of their office in all respects, and that the forme of the oath be as foUoweth : Whereas yow, A B, Their oatli. are appointed clerke of the County Court of C:, yow doe sweare by the ever- Ijving God, that yow will faithfully & vprightly demeane yo'self in the sajd office ; you shall truely & fairely enter and reccord all acts and judgements of the sajd Court, and whateuer yow shall receive order and direction from the sajd Court to doe ; yow shall safely and faithfully keepe and preserve the sajd reccords, and deliuer executions, decrees, or orders to persons concerned, as in duty yow ought, and true copies of such reccords give forth when regu- larly called so to doe ; and in all things yow shall be faithfull and true to the Court. So help yow God. *The law having provided for holding of County Courts where magis- [*3.] trates are wanting, by such persons of worth (stiled associates) as the fFreemen THE EECORDS OP THE COLONY OP of such countjes should nominate, being allowed and appointed by the Gener all Court, and there hauing bin too greate a neglect of certifying the Generall Court the names of the persons so nominated for their confirmation, and ap- pointing such persons the associates for that county, — Associates of This Court doeth heereby remitt former neglects herein, and do declare, how to be cho- that, notw^standing such omissions, all former acts of County Courts shall be sen & when to accounted good and valid : and for time to come, do further declare and order, be swome, &c. " that in all countjes where associates are to be appointed, the freemen shall make their nomination of such associates at the same tjnie yearely when they give in their nominations for magistrates, which votes for nomination of asso- ciates shall be carrjed also by the same coinissioners of the seuerall tounes, sealed vp, to their sheere meeting, there to be opened ; and those fower per- sons that shall haue the most votes shall be certified vnder the hands of three of the sajd coinissioners, the shire coinissioner being one, to the Court of Election yearely for the confirmation and approbation of the sajd associates, which being obtejned, the secretary shall certify the clarke of the County Court thereof, who shall give notice to such associates to appeare at their next County Court, there to take their respective oathes. Pocnaity of en- This Court, accounting it their duty by all due meanes to prevent ap- lodgln" in- pearance of sinn & wickedness in any kind, doe order, that henceforth it shall mates by any ugt be lawfull for any singlewoman or wife in the absence of hir husband to single woman in absenc of enterteine or lodge any inmate or sojourner with the dislike of the selectmen hir husband, r .t , ■ _ . . , , w'l-out leaue °'- ^"-^ toune, or magistrate, or comissioners who may haue cognizance thereof, *"■ on poenalty of fine pounds p weeke, on conviction thereof before any Court or magistrate, or be corporally punished, not exceeding ten stripes ; and all constables aie to take cognizance hereof for information of such cases. M' Thatcher "Whereas there is now granted that there may be a printing press els- added to^the' ^^^^^ tlisn at Cambridge, for the better regulation of the press, it is ordered ijcensers of y and enacted, that the Reuerend M^ Thomas Thatcher & M"^ Increase Mather, presse. of Boston, be added vnto the former licensers, and they are hereby im- powred to act accordingly. Courts act on The County Court for Hampshire hauing made their returne to this forHampshires Court, relating to what was refferred to them as to what is conteyned in Eich- GoodmIn&*° ^^ Goodman & Jn° Dickensons peticon, presented to y= Court May, 1673, & Dickinsons pe- is both on file, the Court judgeth it meete to impower the execcutor of the late Nathaniell "Wards will to make of such land so given & exchainged, by signing & sealing a firme deed of sale thereof vnto the persons aboue named, w'='^ sajd deed, so made, shallbe accounted good in law, any law to the con- trary notw*''standing. THE MASSACHUSETTS BAY IN NEW ENGLAND. 5 *In ans'^ to the motion & request of the deputjes for the county of Nor- 1674. folke, it is ordered, that W"' Staughton, Es$>, shallbe and hereby is appointed to ' f ^ keepe the County Courts in that sheire w*"^ the associates there for the yeare ^ ^^' r*4.i ensmnsf. -' M« Staughton Itt is ordered, that Majo"^ Robert Pike, Capt Nathaniel Saltonstall, and *« i, M"^ W" Parks, Capt Daniel Fisher, & M' Joseph Dudley shall be & hereby are appointed a coinittee, and so fully impowred to repaire to Mendon, & to call all pavtjes before them, and on a full hearinge, examina- tion of their differences, to compose & setle the same ; they, or the majo'^ part of them, whereof M"^ Tyng to be one, who is to apoint y^ time of meeting, making their returne to this Court. Sam. Loomis Samuell Loomis, of Westfeild, is appointed to be ensigne to the ffoot ensis of West- , * fjjjj^ company there. Ans' to M' M' Richard Wharton hauing presented a petition to this Court, relating ggjj to the late Goiino'' Bellinghams will, the Court appointed a hearing of the case on 29"" instant, the partjes concerned appearing ; the peticon & will was read. M' John Oxenbridge, M' James Allin, & M'' Anthony Stoddard, & M"^ Humphry Dauy, the trustees executor's, objected against the legallity of the letter of atturney. The Court, on consideration of what hath bin alleadged pro et con, by their voat declared that the letter of atturney produced was not legally prooved, & so no procedure. W" Haisy lef, Cornet W™ Hajsy is appointed to be leftennant, & Jonathan Poole to be cornet, to y 3 '^o™^'' ^o the Three County Troope, vnder the conduct of Edward Hutchin- CountyTroope. son, their captaine. Ans' to Georg In ans' to the petition of George & Susanna Martyn and Mary Jones, & Susana Mar- i /~i • -, i • i . . . tyns peticon. ^^^ Court judgeth it meet to grant the peticoners a hearmg of the whole case the next session of this Court, the sajd peticoners giving notice to all partjes concerned to attend the issue. [*6.] *In ans^- to the petition of the selectmen of the toune of Portsmouth, in Ans> to Ports- behalfe of the toune, the Court reiferrs the consideration thereof to the next mouth select- mens peticon, Session of this Court, in order to a cleere & right vnderstanding of it ; for the a hear ng . . « , . granted in atteynmg thereof, it is ordered, that the secretary give notice to all partjes case, &c. concerned, i. e., Dover, Portsmouth, Exiter, Hampton, & M"^ Andrew Wig- gins, to give their attendance at the Generall Court at their next session, in October, to give the Court such information as whereby they may give a full THE MASSACHUSETTS BAY IN NEW ENGLAND. 7 & cleere determination therevpon, except they can agree it amongst them- 16 74. selues, and signify the same vnder their hands to the Court. ' ^ ' Itt is ordered, that the Reuerend M' Samuel Torrey & M"" Joshua Moody „ ^^' ■' ■' Courts thanks be thanked from this Court for the great & very acceptable paines which thev *" ^' To'i'ey 1 • ^ ■ ^ ^ ■ . . \ , &M' Moody tooke m their late election sermons, and that they be desired to print their for their eiec- sajd sermons w"> as much speed as may be ; that William Staughton & Thomas &™^rt™°"^' Gierke, Es^Js, w"^ Cap? Hugh Mason, M'^' W" Parkes, & M'^ Bulkeley, are P"nt them. appointed in the name of this Court to give them thankes accordingly. In ans"^ to the petition of Edward Keeby, the Court judgeth it meet to Ansno Edw. refferr the answer of this petition to the next County Court of SufFolke, who ^ ^^ ^^ ^'"'^' are hereby impowred to remitt or abate his fine, as they shall see cause. In ans'' to the petition of Katherine Hilton, in behalfe of her brother, Ans' to K.ith- Nicholas Shapleigh, as also in ans"^ to one from him, the Court judget it meet j^icho Sha"- to order, that on the sajd Nicholas Shapleighs payment of two hundred 'eighs peticon. pounds in money to the Tresurer of the country, the rest of the fine shall be respitted during this Courts pleasure, and the sajd Nicholas Shapleigh dis- cbardged the prison. In ans"^ to the humble petition of Cap? Edward Hutchinson, humbly de- Courts grant to sireing the favour of this Court to grant him a parcell of land for a farme, uTtohinlon the Court judgeth it meet to grant the petitioner three hundred acres of land ^"^ ^"^s. in any free place not yet disposed of. *In ans"^ to the petioon of the inhabitants of Hull, humbly crauing this [*'''.] Court to grant them some releife as to their charges expended on y*' erecting Courts grant to Hull y^ir of a beacon on Point AUirton, &d, the Court judgeth it meet to & doe hereby single countiy grant the sajd toune of Hull their next single country rate. In ans"^ to the request of the deputy of Rouley, for the setlement of Eowiy case to military aflfaires, &d, the Court judgeth it meet to refferr the hearing of the sessions. case to the next sessions of this Court, when all partjes concerned may then appeare. To the hono""* Generall Court now sitting in Boston. Coffiittee for , 111111 Marlborou, The returne of the comittee appointed for Marlborough humbly sheweth, their retume. that, according to our best skill, we haue attended the service of that place, & the promotion of the setlement thereof. In pursuance of the ffatherly care of this Court for their welfare, seuerall journeys we haue made to them, and much tjme we haue spent in hearing and discussing matters of difierence and difficulties amongst them, the result of all which is now mostly conteyned in that new toune booke, which we haue caused to be finished, wherein not only their fundamental! orders & grants are recorded, but also the particcular THE EECORDS OF THE COLONY OP stating & bounding of all those lands that are already layd out to y« seuerall inhabitants there. This new towne booke, as it no-w stands vnder the hand of M"^ John Greene, we haue by our order publickly approoved, enstamping vpon it what authority is w"^ us to convey, humbly representing to this honor'd Court that their acceptance & confirmation thereof will be, in our apprehen- sions, a competent way, and (as matters are now circumstanced) the likeliest way fpr the attainement of the peace of that plan, and a foundation of future good to them, which we leave to yo' wisdoms, considerations, & determination, and remajne Your humble servants, SYMON WILLARD, W^' STAUGHTON, HUGH MASON. Courts accept- The Court thankfully accepts of the labour & paynes of this coiiiittee, ancyTo or- ^^^ ^^^ j^ answer to this returne, allow & confirme the toune booke by them der therevpon. ' ' •' finished, & stated as aboue, w""^ toune booke shall from henceforth be the authentick reccord of the toime of Marlborough as to the seuerall particculars therein conteyned & concluded, each inhabitant & person concerned being required to take notice thereof, and yield obedience accordingly. [*8.] *In ans' to the petition of Richard Woody & Isaac Woody, of Boston, the Courts ans' to Court judgeth it meet to grant the petitioners a hearing of their case on the Rich. & Isaac Woodys peti- second day of the next session of this Court, at two of the clocke in the after- noone, they sivins in sufficient caution to sattisfy the charge of the Court for A hearing > J o o J b granted in the hearing y'^'^^of, and giving seasonable notice thereof to all partjes con- cerned accordingly, to attend their concernes at the tjme. Ans' to Rebec- In ans"^ to the petition of Rebeckah Hawkins, the Court declares, that the kah Hawkins . , ,,i ,',^> -i • -^ i n., peticon. assigment annext to her peticon is good in law to the party expressed assigned vnto. Courts finaii In ans"^ to the peticon of Nicholas Shapleigh, it is ordered, that vppon ans' to Nicho. , ^ „ .. , i ^ . Shapieighs pe- ^^^ payment ot fauety pounds m money at g>sent, and sufiicient personall se- ticon. curity given to the Tresurer for the payment of one hundred & fiuety pounds more, to be payd fiuety pounds in money at the end of eueiy six months, vntill it be payd, that the petitioner be dischardged. Ans' to se- In ans' to the petition of the select men of Marblehead, it is ordered that oTKUrWe'w. ®^'^^ persons as from time to tjme shallbe approoved of by y« select men & Non freemen County Court at Salem shallbe by the sajd Court impowred to act in all in case to acL as freemen. afiaires as if ffreemen in toune afiaires, yntil this Court shall take further order. THE MASSACHUSETTS BAY IN NEW ENGLAND. 9 In ans"" to the petition of Jonas Clarke^ Sen, of Cambridge, humbly de- 167 4. siring this Courts favo' to grant him some land, on the considerations therein " '^ exprest, the Court judgeth it meet to grant the petitioner three hundred acres „ of land in some place that is free from former grants. 300 acres to Jo- nas Clarke, &c. Tlris honor'd Court, having in May, 1673, granted a tract of land for a CoSittees re- plantation to some of Hadley, reserving two hundred & fiuety acres of land plantation for a farme for the country, we, the subscribers, being the coiiiittee for that *'"'"'' Hadley. plantation, doe offer to this honoured Court the consideration of the smale tract of land there, which is of any worth for improovement, being in all but nine hundred and thirty acres of plowing land, swampe land for meadow, & vpland *for their home lotts. The whole hauing binn measured, wee finde but [*9-] so much, the rest being barren pinelatid as farr as yet wee can learne or vnder- stand ; so that if two hundred & fiuety acres be taken out of it for the countrys farme, it must vnavoydably spoyle the place for a plantation, & to lay out the farme on the barren pyneland will be to deceive the country. Wherefore we lay the case before this honoured Court, hoping they will see cause to allow the whole land to the plantation, & release the countrys farme, or allow it to be lajd out on the out bounds of the plantation, or in some other place w* may be better for the country. Subscribed, JOHN PYNCHON, June 3, 1674. WILLJAM CLARKE. In ans' to the motion here presented, it is ordered, that the comittee aboue Countrys named lay out fiuety acres of the better sort of the nine hundred & thirty ^^^ plantation acres, aboue exprest, in a convenient place for the countrys farme, adding two ^}'°^^ Hadley, hundred acres more thereto out of the remote lands, as they shall see best for the country, who are also impowred to lease out the same for yeares to the in- habitants, at such rates as they can, so as the country may haue some acknowl- edgment annually for the sajd farme. In ans' to the petition of Thomas Patten, atturney to Jn° Patten, of Ans- to Tho. J Pattons peti- seuerells in England, & heir to Nathaniel Patten, of New England, deceased, j^.^ ^ hearing the Court judgeth it meet to grant the petitioner a hearing of his case at the ^' ""^^^ S'*®'^- next session. In ans'' to the petition of Henry Lauton, the Court declares the peticoner Courts ans' to 1 • 1 1 i_ T_ Henry Law- hauing had sundry accbns refferring to this case, wherein he hatii been some- ^^^^ p^j, times p" & sometimes deffend' in seuerall Courts, & justice don him according to law and euidence prescribed, that it is in his oune hberty to implead any person or persons that haue perverted justice by false testimony in any Court of justice, as ^e law hath fully prouided. VOL. T. 2 10 THE RECORDS OF THE COLONY OF 1674. There being great necessity of taking some testimonjes in Hingham vpon ^~ '^ ' account of action depending in Plymouth Court, and Capt Hubbard, impowred Lef SmKhs ^^ ^^^^ °^^®' cannot be spared from the Court, it is ordered that Lef i Joha coffiission to Smith shall & is hereby impoured to adminster oath to such wittnesses as are take oaths. necessary for prevention of damage therein. [*10.] *In ans"^ to the petition of Capt Daniel Gookin, Cap? Prentice, Lieu? Courts deter- j^idiard Beeres, & M-^ Henchman, presented to this Court, and, as a full imnation of y differenc be- issue of the case betweene the petitioners & Ephrajm Curtis, after the Court Gookin, &5, liad heard what each party could say, together w"* the evidences by them pro- & Ephraim ^uced, the Court iudged it meete to order, that the said Ephraim Curtis shall Curtis. ' JO . haue fifty acres of the land that is already layd out to him where he hath built, to be lajd out & ordered by y^ comittee for sajd plantation, as other lotts there are, so it be in one place, w*'' all manner of accoiiiodation apperteyning thereto, as other inhabitants haue, and that he shall haue liberty to take vp th6 two hundred & fiuety acres of land w*out the bounds of the sajd toune, prouided it be neere adjoyning therevnto, and to be in lejw of the land for- merly granted to M"^ John Norton. Ans' to Hope In ans to the petition of Hope AUin, the Court judgeth the seizure of enspe con. ^-^^ leather mentioned in the petition to be legall, & see no cause to release the same. Ans' to Jno In ans to the petition of John Walley & Jacob Jesson, atturneys to Pran- cobJessons '^^^ ^Hl, the Court sees no cause to take of the seizure of the leather in their petition. petition mentioned. Ans' to M' Jn" In ans to the petition of M'' Jn° Elliot, in behalf of the Indians at Naticke, tion°relatine"to ^^' ®° ^^^ ^^ ^^ concernes the Indians hauing plantations granted them, the Natick In- Court declares that when the Indians themselues shall make application to this dians, &c. Court, vnder their hands, for plantations, the Court will then consider thereof, to giue such answer for incouragement of the Indians as they shall then judge meet & suiteable. Arthur Masons In ans"^ to the request of Arthur Mason, humbly craving some recompence fgj, g,i_ for his horse he lost going on the countrys service, by land or otherwise, it is ordered, that the sajd horse be pajd for out of the tresury of the country, provided the price exceed not fiue pounds. Edw. Cowelis In ans' to the motion of Ed^vard Cowel, humbly crauing some sattisfac- horse to be p* ^. » , . , t -i • . „ . . . _ , , for 50'. *i°^ ™^ "'^ norse, spoyied m y'= countrys service, &6, it is ordered, that the Comittees re- tume as to Tresurer pay vnto the peticoner fEuety shillings, in recompenc for his horse. Foxwell & Wee, whose names are here subscribed, in ans' to an act of the late Gen Cumins case, &e. Court, October 15"^, 1673, by whom wee were appointed to ieare, examine. 3 June. THE MASSACHUSETTS BAY IN NEW ENGLAND. H & make report what, vpon heareing, wee could finde in a case depending be- 16 7 4. tweene Richard Foxwell, Richard Cumins, & others, in obedjence wherevnto, attending the order of the Court, & going vpon the place & suiiioning all per- sons before us concerned in the premisses, & hauing had a full hearing & ex- amination thereof doe give in our report as followeth : — 1. Wee finde a patent apperteyning vnto Richard Foxwell & Richard Cumins. * 2. From thence wee finde they doe challenge a patent right fewer miles by the seaside, & eight miles back into the country, whereof they make clajme of one quarter part by a deed of gift or sale made vnto them by Cap? *Richard [*11.] Bonyghton, whose daughters they marrjed, in consideration of their portions of one hundred markes a peece, which by him, the father, was received of theirs when they were in England. 3. That Capt Richard Bonighton did setle vpon the north side of Sacca- dehocke, Saco River, & Thomas Lewis, who had possession given them by M"^ Edward Hilton, who, by order, was coinissionated there vnto. 4. Wee doe not finde any orderly bounding or laying out of the sajd patent. 5. Wee finde that Capt Bonighton, one of the proprietors of this patent, made certein grants on the south side of Black Point Riuer, vpon that necke of land whereon M' Foxwell liueth, called by the name of Blew Point, & that the sajd Foxell had a verball grant ffrom M' Thomas Gorges of fiue hundred acres of land lying vpon the north side of that neck, which is generally ouned by the people, whither it fall w*''in or w^'out the patent. 6. That Capt Richard Bonighton hath granted seuerall lotts vnto diuerse persons w"** hath & doth belong vnto Blew Point, as ouned by Richard Foxell. 7. Wee find that the selectmen of Scarborough haue granted seuerall lotts on the sajd neck of land, & so bounded them that seemes to take away much of M"^ Foxwells lands & meadows. 8. That the Generall Court, by some acts, haue confirmed patent rights, possession rights, toune rights, & Indian rights, & acts of former Generall Courts. These things premised seemes,' according to our best apprehensions, to be the ground of those diiFerences arising amongst those partjes in the cases concerned, for the issuing whereof wee doubt not but this honoured Court, in their wisdoms, will, vpon mature consideration, find some meet expedient to remedy J being the requests of Your humble servants, RICHARD WALDERNE, JN° WINCOLL, EDW: RISHWORTH. 12 THE RECORDS OP THE COLONY OP 16 7 4. The Court allowes & approoves of this returne, and declares, that the ' '^ ' eldest grants of land in the county of Yorkshire, whither by patent or grants Courts confir- fi'oiii the Generall Courts, shall take place before any others, according to the motion of the consessions made to them by the Generall Court in their reception into this comittees re- turne & further gouernment ,■ and it is further ordered, that the former coinittee be impowred to setle & bound the lands of Richard Foxwell & Richard Cumins, and to heare, issue, & determine, by three or more of them, any differences that shall or may arise betweene them & all partjes therein concerned, vpon Blew Point, on the westermost side of Black Point Riuer, in the toune of Scarborough. Suffield. [*12.] Southfeild al- Ijas SufFeild bounds lajd out & cou- firmd. The honoured Generall Court, in October, 1670, having granted a tract of land, to the content of sixe miles square, on the west side of the Riuer Conecticot, betweene Springfeild & Windsor, to seuerall persons for a plan- tation, and hauing likewise appointed a coinittee to mannage the affaires thereof, the sajd coiiiittee, heereto subscribing, did lay out the bounds of the sajd plan- tation on the 21*'' of March, 1671, & would haue made returne thereof to the honoured Generall Court then next ffollowing, had not they delayed in reffer- ence to the setling the Ijne betweene this colony & Connecticutt colony, which possibly might haue occasioned some alteration ; but that colony not manifest- ing their acceptance of the concession of *this Court, the sajd coinittee haue thought it meet, seuerall familjes being there already setled, not to delay any longer, but now to make returne to this honoured Court of their worke in lay- ing out the bounds of the sajd plantation, which are as foUoweth : — The north bounds of this new plantation, joyning to Springfeild south bounds, on the west side of Connecticut Riuer, is at a litle gutter about halfe a mile below the brooke comonly called the Three Mile Brooke, below Leiu? Coopers house, viz', at two tall midling trees, standing about two foote from each other, the one a walnut, the other an oake, which stands on the knap or brow of the hill on the north side of that gutter, by the Great River side, w'Mn three or fewer rod where the gutter emptjes itselfe into the Great River. The sajd trees, being marked, are the north bounds of this new plantation, and thence the bounds run vppon the due west Ijne about fower miles & a halfe from the Riuer Connecticutt, till it meet w"' Westfeild bounds ; and from the sajd two trees, the east bound is the sajd Riuer Connecticutt, & is sixe miles southward, vpon the square, from the sajd west Ijne. The south border of this new plantation is a due west Ijne, draune from a large white oake, marked, standing on the banck of the Riuer Connecticut, two or three rods from the sajd Riuer, and about halfe a mile below the island, neere the foote of the falls in the Great Ryuer; and from the sajd white oake the south THE MASSACHUSETTS BAY IN NEW ENGLAND. 13 border extends seuen mile and a halfe due west, many trees being marked in 1674. that range or Ijne. The sajd comittee also haue setled one hundred acres of " '* ' land for the Generall Court and countrys vse, as the Court injoyned, lying on countrys the southside of Stony Brooke, neere where Northampton & Springfeild fame of 500 acres, wayes to Windsor meet, there being a tract of good land, and not farr from the place called the Meeting House Hill ; and the other fewer hundred acres of land for the country is to lye at the southwest corner of this plantation, there being good land in that quarter for that purpose. The sajd coinittee doth also humbly propose that this honoured Court would please to grant this plantation seuen yeares freedome from country rates, as an incouragement for the planters, it being a very woody place, & difficult to winne ; also, that the name of the place may be SuiFeild, (an abreviation of Southfeild,) it being the southermost toune that either at present is or like to be in that country, & neere adjoyning to the south border of our patent in those parts. May 20- 1674. J^^N PYNCHON, ELIZUR HOLYOKE, In the name of the comittee. The Court approoyes & confirmes this returne of the comittee, that of * yeeres ex- emption from rates only excepted, & insteed thereof doe grant to y^ sd plantation fewer rates. yeeres exemption from country rates. *The comittee appointed by the last Genii Court, bringing in & making [*13.J in their returne to this Court of what they found as relating to M' Joseph ^""'''^ ^'=' " •^ sentence ot JVl^ Dudson, M' Richard Wharton, M' Nicholas Paige, & M'' John Faire weathers Wharton, Dud declaration, &d, w* is on file, w"^ y= Court approoved of, and ordered the pairw'h'. sajd partjes to be called before this Court to give an account of their actings, on 3-1 June next, & appointed Capt Daniell Fisher & M' Isaack Addington to implead them. The sajd atturneys drew up their charge ag* them in fewer articles, w* was read before the whole Court, the partjes being present, &d. The Court, hauing heard & considered what hath bin alleadged & prooved against M' Richard Wharton, M' Nicholas Paige, M-^ Joseph Dudson, & M' John Paireweather, doe judge & order, that the sajd M"^ Richard Wharton shall be solemnly admonisht, and be disabled for pleading any cause but his oune, except that of M"^ Samuell Bellingham, if legally impowred therevnto, and that he also pay the sume of thirty pounds in money towards the great n. p., J. D., expences occasioned thereby to this Court, and that the sajd Nicholas Paige, ^u^^^^titlT^ Joseph Dudson, & John Faireweather be alike solemnly admonisht, & each of *° yp^^'^J™"^^ them pay the sume of fiue pounds in money towards the Courts charges & wharton.J.A. expenses as aboue. 14 THE RECORDS OP THE COLONY OF 1674. 7 October. [*14.J *At the seccond Sessions of the Generall Court, held at Boston, by Adjournm\ 7 (8) 74. P''SENT, Jn° Leueret, Es^, GoQn', Sain Symonds, Es^, Dep* GoQ. Symon Bradstreetj Daniel Gookin, Daniel Dennison, Symon Willard, Rich Russellj Thomas Danforth, ■ Es^s. "W°' Hathorne, Jn" Pynchon, Edward Tyng, W™ Staughton, Thomas Clarke, The deputjes ^sent at this session were, — Cap? Georg Corwin, M' Henry Bartholmew, Capt Jn° AUyn, M'^ Joseph Lynde, M"^ Anthony Stoddard, Left Tho Clarke, Cap? Hopestill Foster, Left Jn° Capen, Mr W^ Parkes, M' Joseph Dudley, Cap? Hugh Mason, Lef ? Rich Beers, M' Edward Cakes, Capt Tho Prentice, Cap? Jn° Apleton, Lef ? Archelau' Woodman, Tho Dyer, Cap? Josh Hubbard, M"^ Peter Bulkley, Cap? Daniel Fisher, THE MASSACHUSETTS BAY IN NEW ENGLAND. M"^ Maximili Juet, Capt Rich Bracket, Cap? Rich "VValderne, Capt Edmund Goodenow, M"" Henry Palmer, M' Humphry Davy, Cap? Rich Cutts, Cap? Jn° Wayte, Left Henry Addams, Left W-" Clarke, M"^ Peter Tilton, M"^ Peter Bracket. Cap* Rich Waldern chosen speaker for y^ sessioil. ITT is ordered, that the whole Court on the morrow morning goe to the Castle to vejw it, as it is now finisht, & see how the countrys money is layd out therevpon, & that on the countrys chardge : w"'' was donn. It is qpdered, that Majo'^ W" Hathorne & Majo"^ Thomas Clarke, w*"^ M' Humphry Davy, Cap? Joshua Hubbard, & M"^ Henry Bartholmew, be a comittee to examine the Tresurers accounts, and to make returne thereof to this Court this present session. For the resolution of a question propounded to the Court, relating to Cambridge villagOj it is ordered, that the sajd village shall henceforth be a distinct military company of themselues, and so to be excercised according to law. And it is further ordered, in relation to Medford, that the souldjers there be excercised by a serjant, such as the majo'^ of the regiment shall appoint ; and for all those that line out of any tonne bounds, it is left to the majo'^ of the seuerall regiments to regulate in all such cases at their military Courts. It is ordered by this Court, that there be a present addition of men to the garrison at the Castle, and to that end, that a supply be made ; as to the num- ber, to be not aboue fiue ; for effecting whereof it is left to the wisdome & dis- cretion of the coinittee for the Castl, who are hereby empowred in all re- spects to act herein so as may be for the safety of the place, & yv^^ as litle expenc to the country as may be, and that such persons so added shall be payd for their service, according to agreement made, out of the treasury of the country. Whereas the setling of the power of the coinissioners of Boston is con- 7 October. IG THE EECOEDS OF THE COLONY OF 1 G 7 4. fined barely to the tonne & neck, w"' Nodles Island, it is, vpon seuerall considerations, judged meet, and it is hereby oi-dered, that their power be ex- tended to the whole limitts of Boston in civil & criminall cases, according as the lawe prouides for their acting formerly in the bounded Ijmitts aboue sajd, nofrsv'^'standing the sajd lawe. It is ordered, that there be one single rate this yeare to answer the oc- casions of the country, and that the prices for corne be payd in at these prices following, viz. : wheate at fiue shillings, barly & barly ma't, rye and pease, at fewer shillings, Indian corne at three shillings p bushell ; all good & mer- chantable corne, and what euer else is payd in the country rate, to be pajd at money price, prouided that no leane catle or horses shall be payd in the sajd rate. And it is further ordered, that if any person shall pay their country rate in in money, they shall be abated one fowerth part of their sajd rates. [*15.] *Whereas this Court, in the yeare 1652, for the better setling of the Order for divi- militia in the seuerall tounes, did order & enact, that where, in any toune tion of compa- nys in Boston w*''in this jurisdiction, the number of souldjers who by lawe are to attend con- , , 2QQ stant traynings shall arise to be two hundred men, that then such souldjers shall be divided into two companyes ; if to three hundred, then to be divided into three companyes, &6, — now, forasmuch as it appeares by good informa- tion, that most of the companyes in Boston doe exceed the aforesajd number of two hundred, this Court doeth heereby declare, that the former order of deviding ought to be foithwith attended, and that the majo"^ of the regiment, together w"' the comlssion officers of each company, take speedy order to see it performed, and to make returne thereof to the next -Court of Election. And it is further ordered, that in any toune where like numbers of souldjers are, there be like due attendance to this order. Souldjers of It is Ordered, that the trayned souldjers of the place called Rowley Vil- wh^-T^tr''^''' ^^S® shall forthwith list themselues, & performed duty in ordjnary traynings, either at Rouley or Topsfeild, as shall suite best w*'' their incljnations & occa- sions, which being don shall so continue vntill such time as the sajd village is setled with a minister, and haue a sufficjent number to trayne among them- selues & officers according to lawe appointed to excercise them. Courts appro- This Court taking into consideration what hath binn acted by Majo"^ cofrrsion's Thomas Clarke, Humphry Davy, Eichard Collecot, & Lef ? Thomas Gardiner, setling y« east- {^ setling the easterne parts at Kennebeck and the places adiacent w'^in our em p'es. ■*■ "^ Named Devon- lyne vnder goQment, according to thte comission of this Court given them, c''our;,,^Tto ^^^^^ ^'''"' ^^y' ^^^'^' ^^"^ *^^*^' ^P"'^ ^^^^'^ of t^e inhabitants, they haue he kept ye, S* called those places the county of Devonshire, this Court doeth approove and 3'' day July. i j c i confirme the same ; and doe further order & appoint, that the County Court in THE MASSACHUSETTS BAY IN NEW ENGLAND. 17 some place thereof shall be holden & kept vpon the thu-d Tuesday in July 1674. yearely. • _,- Vppon tlie request of Thomas Holbrooke, Captaine W" Torrev is uer- '' °"'"''"' • ,, J p . , , . , J I Cap'Torrcys mitted & impowred to marry the sajd Holbrooks daughter vnto Vryah Clarke, coiaission to according to law. '"''"y- '^'^• In ans' to the motion of Capt Edward Hutchinson, that he might lay Cap' Hutchin- doune his captains place of the Three County Troope, the Court grants his hil'ca^"''""' request, and doe order & appoint M^' Humphry Davy to be capt of the Three M' Humphry County Troope, & that he haue comission accordingly. r^3 Countf *:\I'^ Humphry Davy hauing declared his non acceptance of the office of '''''''"P^- capt of the Three County Troope, the Court judgeth it meete to respitt any t ^^-J supply for that place till the Court of Election. comia • sion. Att a Court held at Pemaquid, 22'!" July, 1674, by Majo' Thomas Clarke, Eastern Humphry Davy, Richard Collecot, Thomas Gardiner, according to commis- "'"'' """"'• sion and order of the Generall Court of the Ma'ssachusets colony, dated in Boston in New England, 27"^ day of May, 1674. Boston, in New England. Copy of comi». Att a Generall Court, held at Boston, 27* day of May, 01674. In pursuance of an order at the. Generall Court in October, 1673, it is ordered, that Majo^' Thomas Clarke, M' Humphry Davy, M' Eichard Collecot, and Leift Thomas Gardiner, or any three of them, whereof Majo' Thomas Clarke to be one, are fully hereby impowred to repajre to Pemaquid, Capenawaghen, Kennebeck, &6, or some one of them to the eastward, or there or some one of those places, to keepe a Court as a County Court, to give oathes to the constables there appointed, as also to appoint and impower meet persons, inhabitants there, to such offices & places as farr as they be w*in the Ijne of our patent, according to God and the wholesome lawes of this jurisdiction, that so the way of godlynes may be encouradged & vice corrected. And it is hereby further declared, that the gentlemen aboue mentioned shall be and hereby are impowred to appoint Comission'^s Courts for the ending of smale causes, which coinissioners shall haue magistratticall power in marrying such as are duely and legally published according to law, as also to punish criminall offences ; and the County Court is hereby impowred to setle the militia in those places, and in all places where there are not freemen, they may make vse of any fitt men, prouided they haue taken the oath of fidelity, any thing in the law to the contrary notw*''standing. By the Com-t. EDWARD RAWSON, Secre*y. VOL. V. 3 18 THE KECORDS OF THE COLONY OP 1674. 7 October. Comission publisht. Comission^s sworiie. Lef Gardiner Tresu'. [*17.] Rich. OUiuer record' of Devon. Constables sworne at Ken ebek, Pema- quid, &c. Persons y' tooke y" oath of fidelity. Constables or- dered to pub- lish the lawes. Administra- tion to Jn» Waller estat gr'd to Geo Burnet. The inhabitants of the seuerall places in this county haue bin -warned, and a considerable company appearing, the Court caused the comission & order of the Generall Court aboue sajd to be publickly read. * Humphry Davy, Richard Collecot, & Leiff Thomas Gardiner tooke their oathes according to law. Left Thomas Gardiner was appointed Treasurer as county Treasurer from Kenebeck, eastward, w*in the Ijne, which, many of the inhabitants de- siring, may be called the county of Devon. The Court consents thereto, till the Generall Court confirme the same, or take further order. *Kichard Oliuer, of Monhegin, nominated & appointed to be recorder & clarke of the Courts of this county, who tooke y* oath accordingly. Thomas Humphrys, cunstable of Saggedehock & Kennebek, llob"^' Gainon, of Capenawaghen, Willjam Waters, of Damerils Coue, John Dolling, of Monhegin, Thomas Cox, of Pemaquid, tooke their oathes as constables. Grand jury men returnd were, Rob' Edmunds, Ambrose Hanwell, of Sage- dehock, Jn° Wriford, Eljas Trick, John Pride, of Damerills Coue, George Bickford, Reynald Kelly, of Monhegin, Jn° Cole, of Pemaquid, tooke their seuerall oathes according to lawe for their places, and both grand jurymen & constables took their oaths of fidellity ; so did John Pride take his oath at Salem, as also these persons following, present inhabitants : Capt Edmud Pat- teshall, M"^ Ichabod Wisewall, M' Richard Olliuer, W™ Buckford, Edward Barton, Rich'' Hill, Henry Curtis, Erancis Broune, Rich* Warren, Henry Stoakes, W™ Denbo, Edw'^ Dorr, Jn° Dare, Geof Burnet, Nicho Osbourne, Tho Parker, Dauid Olliuer, Emanuell Whichalls, Jn° Cock, Tho Phillips, Tho Hilman, Nicco Carary, Jn° Parker, Nicco Deming, Abell Hoggeridge, Edward Cole, Jn° Wildgoose, Tho Parnell, Aaron Beard, Gregory Langberry, Abra Clarke, Tho Cox, Jun, Henry Curtis, Jun, Shadrick Cox, Richard Cox, Richard Pearce, Jun, Robert Cauly, Tho Adger, Richard Bradeway, Richard Bucknell, W" Edwards, Tho Cox, W" Waters, W"^ Welcome, Jn" Bessell, Peter Collins, Richard Glass, Tho Phillips, Henry Palmer, Jn° Palmer, Jun"-, Phillip Bey, W™ Phillips, Jn° Stover, Jn° Palmer, Seii, RoVt Edmuds, James Widger, Tho Harls, Jn° Gingden, Nico Vallack, Jn" Selman, W" Trout, Nico Heale, Georg Bucknell, W"' Cox, Tho Cox. The constables of each place in this county were ordered to call the in- habitants together, and to read, or cause to be read, the lawes of this juris- diction vnto them in convenient tjmes. Administration to the estate of Jn° Waller, a fisherman, sometimes resident at Monhegin & sometimes at Damerills Coue, who djed about fower yeares since, is granted to George Burnet, resident at Monhegin, who is to THE MASSACHUSETTS BAY IN NEW ENGLAND. ig dispose of the same according to the clerest testimony of and to whom the estate 16 74. doeth belong, & to bring in an inventory of the same to the next Comission "" — v — -" Court heere, & himself, as principal!, & Richard Oliuer as surety, doe bind them- '' °'='°^"- selues in fifty pounds a peece that this order shall be attended & performed. These persons following are nominated & approoved as serjants & cor- poralls to excercise military discipljne to the inhabitants in the seuerall places, according to law : — Tho Humphryes sarjant, & James Midleton corporall, for Saggedehock. Miffitary offi- For DameriU Coue & Hippocras, Jn° Bessell serjant, & he to choose his lyl^J^^^Z"" corporall. For Monhegin, Jn" Dolling serjant, & he to choose his corporall there. For Capenawaghen, Eobt Gamon serjant, & he to choose his corporall there. Left Tho Gardiner is appointed & impowred to haue the coinand & Lef Gardiner regulation of all the military forces, & of the affaires thereof, in the seuerall commMd'\r'' places of this county, & particularly of Pemaquid. Devon. *Left Thomas Gardiner, of Pemaquid, Cap? Edmund Patteshall, of [*18.] Kenebeck, John Palmer, Sen, of Monhegin, & Eobert Gamon, of Capena- Lef Gardiner, _ . . &2, appointed waggen, are appointed & impowred by this Court as comissioners for the yeare comission's to ensuing, and they, or the majo' part of them, to hold & keepe Coinissioners j^^^^n °™ '" Courts in such places, and as often as they shall see cause, w*''in this county of Devon, for the ending of smale causes according to lawe ; who also haue magistraticall power in marrying such as are duely & legally published accord- ing to law, as also to punish criminall offences according to the particcular order of the Generall Court. Dated 27"^ May, 1674, in Boston. These persons following are chosen to be clarks of the writts in the sefiU Clarks of y . ■writts. places, viz' : — In Saggedehock & Kennebeck, Tho Humphreys. In Monhegin, Richard Olliuer. In Damerills Coue, Willjam "Walters. In Capenawaggen, Robert Gamon. Thomas Humphreys is nominated & appointed marshall for this county Tho. Hum- of Devon, who is to take charge for securing such persons to be coinitted to l-^^^_ "" prison according to law, and to receive the fees allowed the prison keeper by law or custome. These persons following are appointed & haue liberty to keepe houses of Inteepers al- publicke enterteynement, and are to be prouided w*"" necessarys for lodging, &6, accordingly, and to retajle beare, wine, & licquors in the seuerall places for the yeare ensuing, according to law : — 20 THE KECOEDS OP THE COLONY OF 1674. For Monhegln, Jn° Dolling ; for Saggedehock & Kennebeck, Willjam '' " Cock. For Damerills Coue, John Wryford. For Capenawaggen, Edw Barton. For Pemaquid, Jn° Cole. • Also Lef? Gardiner to his fishermen, &d, John Earthy, for Corbyn Sound, Georg Bucknill. . Itt is ordered, that warrants be issued out for the levying of twenty pounds vpon the inhabitants of this county for Court charges, law books, con- stables staues, &6, viz' : vpon Saggerdehock & Kennebeck fower pounds ; vpon Monhegan five pounds ten shillings ; vpon Capenawaggen three pounds ten shillings ; vpon Damerills Coue & Hyppocras fiue pounds ; & on Pemaquid forty shillings ; and that the comissioners, where any is, w"^ the grand jury men & constable in each place, shall equally levy the same on the persons & estates of the seuerall inhabitants, to be collected by the constables, & cle- liuered to Left Tho Gardiner, Treasurer of the county. liUMPHRY DAVY, p order. The Courts approbation of y' acts of the coinissio" is recorded on p. 15. Order to sum- on the D' & students. [n9.] . Presidents dismission in case. This Court, by good information, vnderstanding that, notwithstanding all former endeavo'^s, the colledge yet remajnes in a languishing & decaying con- dition, doe therefore order, that, on Wednsday next, at one of the clock, all persons concerned be required to appeare, & accordingly the secretary to issue out his. warrant to require the praesident, & former & present fellowes, gradu- ate & student, that were then in the coUedg, whither resident or non resident, to make appearance before the Court, and in like manner that the ouerseers be desired to attend the Court to give information in that case, that so a full hear- ing being obteyned, and the grounds of the present decay discerned, this Court may, if possible, take further efiectuall course for y° revivall of that great worke, and its future flourishing & establishment amongst us. *After the Court had a full hearing of both the docto"^, y" praesident, fel lowes, & seuerall students, for the setlement of the colledge, the president, vpon his oune voluntary motion, in consideration of the paucity of schol- lars, doth freely lay doune fifty pounds of his sallery, & rests satisfied in one hundred pounds money p annu. Vpon the same consideration of fewness of schoUars, this Court doeth judge meet to dismisse all the officers of sallery, vntill Court and overseers take further order; that the preesident continue his place vntill next Election Court ; in the meane time, the reuerend ouer- seers are intreated to vse vtmost endeavor's for remooveall of all obstructions THE MASSACHUSETTS BAY IN NEW ENGLAND. 21 therein against the sajd Courts session, when, if the colledge be found in the 16 74. same languishing condition, the president is concluded to be dismissed w'^out further hearing of the case. 7 October ^5 To the hono'^able Generall Court, now assembled at Boston. Ans^ to, &.■, and comittee Wee, whose names are hereunto subscribed, being appointed by the & Courts setio- Court of Assistants to heare and give in our determination about the differ- tieheai. ences betweene the coinoners and non coSaoners of Marblehead, doe agree as followeth, viz': that the order which those that stile themselues coinoners made in the yeare 1647 shall stand good, and they to enjoy those coinons as it was then ordered and stands vpon record in theire toune booke, made on the tenth of Aprill, in the yeare abouesajd, and doe allow those coinoners, each pticcular house of them, one cow coinon more. Secondly. Wee doe further agree, that all those fiueteen or sixteene houses which were built in Marblehead before the yeare sixteene hundred & sixty shall be allowed one coues comon & a halfe, which were brought to us in a particcular lyst ; wee say to each house one comon & a halfe. Thirdly. Wee doe further agree, that vnto euery remayning dwelling house now in Marblehead at this present day shall haue a cow coiiion apeece, and that all those cornons which are appropriated to each house throughout the whole toune shall not be sould from the house. Fouerthly. What swamps or lands the coinoners haue appropriated to themselues shall be voyd & lye vnto coinon. Furthermore wee agree, that the charge the Court of Assistants did find for the non comoners those that are called the coiSoners shall pay, and that the charge of the comissioners shall be payd by the coinoners & non coinoners 8ec[ually. WM HATHOENE, HEN: BARTHOLMEW, JOSEPH GRAFTOlSr, GEORG CORWIN, TH° LAIGHTOJSr, RICHARD PRINCE, JN° CORWYN. The Court approoves of this returne, and order it to be recorded as a fynall setlement thereof. Tho. Daniel M' Thomas Daniel is appointed cap? of the ffoote company in Ports- cap' of foot ■^•^ comp. m Ports- mouth, & Samuel Keys is appointed his ensigne. mouih, &5. 22 THE RECOKDS OF THE COLONY OP 1G74. ■ r — ' 7 October. [*20.] Order for Tr' to sattisfy M' Vsher for 292 musketts. Ans' to Xtoph' Crows peticD. M' Bells trus- tees to pay yo rents, &c, to y" ffeofFees of E-oxbury schoole. Cap' Rich. Walderne made serj' ma- jor of York- shire. Daniel "Warner ensigneof Hat- feild compa. Order to divide Ralera compa- ny. Jos. Gardiner cap* to y 1st. Jn" Corwin cap' to y" 2*. Ans' to Elis. Conigraues peticon. Ans' to Swampsfeilds petition. *The Court, hauing agreed w'^* M' Vsher to send to England for mus- ketts, w'='^ accordingly is don, judge meet to order the Treasurer of the coun- try to sattisfy M"' Vsher in money according to agreement, Vf"^ his bill giuen in for, for two hundred ninety two muskets, scourers, & moulds, 'w*'^ advance, comes to two hundred seventy six pounds eleven shillings & three pence. In ans' to the peticon of Christopher Crow, of Boston, inkeeper, humbly desiring the favour of this Court to remitt his fine imposed on him, &3, the Court judgeth it meet to referr the case to the County Court of Suifolke, who are hereby impowred to remitt or abate the fine aboue mentioned as they shall judge meete. As an addition to the Courts declaration or resolue as to Eoxbury free schoole, the last sessions, in May, this Court judgeth it meet that the trustees of M"^ Bells estate, from tjme to tjme, pay the rents of sajd estate vnto the ffeoffees aforesaid, or theire assignes, for the vse of sajd schoole. Caf)? Richard Waldeine hauing had the coiiiand of the militia in York- shire, by authority from this Covirt, for the two last yeares past, & hath this summer draune forth the regiment of foote & troope of horse there, excercised them in military disclpljne, this Court doeth heereby appoint him, the sajd Richard Walderne, to be the sarjant majo"" of the forces in Yorkshire, and doe order, that he haue coinission as other major's haue for authorizing him to that service. Itt is ordered, that Daniel Warner be ensigne to the flfoot company in Hatfeild. The Court, taking notice of the increase of the souldjers in Salem, judge it meet to order that the ifoote company there be by the selectmen of Salem diuided into two companyes, and their distinct llmitts by them to be piscrlbed, and that Joseph Gardiner be captaine to the first foote company in Salem. And that John Corwin be captaine of the seccond foot company in & about Salem. In ans to the peticon of Elisabeth Connigraue, humbly desiring the favo"^ of this Court to remitt the fine imposed on her, the Court refiers the peticoner to the County Court, to doe therein as they see cause. In ans'^ to the peticon of the inhabitants of Swampfeild, the Court judgeth it meet to order Capt Elizur Holyoke, Lef? W"' Clarke, & Lef* W™ AUice to be a coinittee, who are heereby desired to repajre to the places, & to vejw the same, what either doe desire, & make report to the Court what may be meet to be granted ; prouided also, that a farme of two hundred & fiuety acres of the best be reserved & layd out for the country when the grant shallbe. THE MASSACHUSETTS BAY IN NEW ENGLAND. 23 *In ans' to the petition of Ephraim Curtis^ the Court sees no cause to 1674. grant the petitioners request, hauing heard & setled it the last Court. ' ' ' Itt is ordered by this Court and the authority thereof, that the Comission's °° "''' " r 1 1 Court of the county of Devon, at the eastward, haue power to end, heare, and ■^ Ans' to Ephr. . determine all civil actions arising within that county to the vallew of ten Curtis peticon. pounds, any lawe, vsage, or custome to to the contrary notw*''standing. Cofiils^s^Coun In ans'' to the petition of W"^ Sheffeild, the Court judgeth it meete to *y C""!' •» , . Devon. grant the petitioner the forty acres of land in the place mentioned in his peti- j^^^, ^^ -\y^„ tlon, as it Ijeth joyning to Meadfeild line on one side, & part of his oune lande, ^heffeiids peti- con. & partly next the land of M' Deane Winthrop, all of it not exceeding fiuety acres, as is exprest. The Court, hauing pervsed what hath binn presented by the secretary in Secretarys al- transcribing the reccords, buying of bookes, &S, approove thereof, and doe trZsTribilg order that it be finished in comparing or otherwise, according to Court order, *^^ reccords. and that he be allowed for his service therein seuenty pounds, the one halfe in money, the other halfe in country pay, which is in fFuU sattlsfaction of what is due vpon that account, and that M'^ Joseph Dudley is hereby desired & appointed to be helpfull in comparing of what is yet not finished. In ans'' to the petition of the inhabitants & proprieters of the land at or Ans' to inhab- -n 1 /~i 1 • .^ 1 • f • -1 itants of Bog- neere isoggestow, the Court grants the peticoners the quantity oi six miles gestow peticon. square, not exceeding eight miles in length, to take in as many farmes w*'' A new pianta- tion granted 6 the vacant land adjoynlng or intermixt therew'^ as that quantity of land will miles sq', vide admitt, provided that none of the farmers shall haue any part of the aforesajd gj^gj^j^j^g vacant lands now granted by this Court, (but the sajd land to be distributed amongst such other persons as will come to inhabit in the sajd toune, as the majo' p*« of the said ifarmers shall thinke meet ;) prouided that there be a farme of two hundred acres of meet land reserved, and by Capt Fisher layd out for a farme for the country, and that no man shall haue allotted him aboue fiuety acres till there be twenty new familjes setled there, and then the whole that is free to be disposed of as the majo'^ part of the inhabitants capable by law to vote shall judge meete, and the name of the place to be called Sher- borne. In ans"" to the petition of Richard & Isaac Wooddey, the Court judgeth Courts judg- 1111- -ft, Jnent in Wood- it necessary, in order to a fynall issue of the case, and that there be no lurtiier ^^^^ ^^^^_ after hearings, doe finde for the plantlffes sixty pounds damage mony, & costs of this Court three pounds fiueteen shillings & one penny, w"" ten pounds ^^^^ mony for the Courts hearing of the case, all tc be payd by Joseph Rocke, ad- ^^^^.^^ .^^^ ministrator of the estate of the late M'« Martha Coggan. ment in reifer- eiice to x^attens *In ans' to the petition of Thomas Pattyn, soiin and atturney to John estate, &c. 7 October. 24 THE KECOEDS OF THE COLONY OF 1 G 7 4. Pattyn, of the parish of Crookehorne, in the county of Somerset, in England, clayming right as next heire vnto Nathaniell Patten, late of Dorchester, in New England, deceased, who djed intestate, this Court hauing considered the pleas & euidences of y'* id Patten, & just allegation & euidences of Benjamin Beale, of Dorchester, in New England, sisters son to the deceased, doe not see reason according to our lawe to admitt John Pattyn, of Crookehorne, aforesajd, to be heire vnto the reall estate of Nathaniel Patten, deceased ; but for afynall issue of this case, doe order and determine as foUoweth: 1. That the relict & widdow of Nathaniel Patten doe quietly & peaceably enjoy to hir and hir heires, execcutors, and administrators for euer, that part of the estate set out & ordered vnto her by the County Court of Suffolke. Secondly. Touching all the rest of the estate of Nathaniel Patten, deceased, it is ordered that it be divided into two sequall parts, one pte whereof shall be & is hereby given to Benjamin Beale, aforesajd, his heires, execcutors, administrators, & assignes for euer ; and the other part shall be & is hereby given to Thomas Patten, aturney vnto John Patten, for the vse of the sajd John Patten, or any other person concerned, to him or them, & to his or their heires, execcutors, administrators, & assignes for euer ; and Thomas Patten (according to his en- gagement) is ordered to pay forthwith ten pounds in mony for the Courts chardges in hearing the case. Q. Benjamin Beale hauing, since the order of the County Court, disbursed f°"o ^ 'es^ "* ^ considerable sum vpon the wharfe & warehouse in Boston, called Halsey as to Beale & "Wharfe, whither is Thomas Patten, atturney to John Patten, of Crookehorne, Patten. in the kingdome of England, to haue halfe of that estate as it now is, or whither should the sajd Patten allow vnto y^ id Beale the one halfe of the true & reall disbursement, the Court resolves this question on the affirmative, so as the sajd Beale be accountable to the sajd Patten for the one halfe of the prof- fits of sajd estate since the time aboue mentioned. Courts ans' to In ans"^ to the peticon of M"^ Richard Wharton, atturney to Samuell ton, atturney Bellingham, Es^, the Court judgeth it meet to grant a hearing of the case to Samuel Bel- mentioned in his petitions, and that all parties concerned be suinoned to attend lingham, Esci', r j his potiDon. the same next after the coUedg busines now on foote is heard. Suiiions issued out accordingly. The sajd Elchard Wharton at the time appeared ; so also did M"^ Jn° Oxenbridge, M"^ James Alljn, M"^ Anthony Stoddard, & M' Humphry Davy, execcuto" & trustees of & to the late will of Richard Bel- lingham, late Esq) & Gouerner of this colony. The Court, hauing considered the matter relating to the will of the last GoQner, Richard Bellingham, Esq>, [*33.] and finding by the testimonys *of considerable persons (vnto whom the GoGner declared his minde) at the tjme of making his will, that he intended to haue THE MASSACHUSETTS BAY IN NEW ENGLAND. 25 made a codicill or additions to his will, had not Gods hand disinabled him by 16 74. weakenes of body ; also, the Court beins informed that there are some parts "^ ^ 7 October. of the estate of the late GoQner not disposed of by -will, & some other matters in relation to of aequity to be considered in that matter w"' respect to M"^ Samuell Belling- v^'^^^nffg ham his onely son & child lining, & to his relict, vpon consideration of the ■whole matter, this Court doe refferr it to the County Court of SufFolke to con- sider the case, & draw vp something for the full setlement of that estate, according to right & sequity, & for the honour of the deceased, and for such a suiteable releife vnto his son and widdow, according as the law of God & this country doeth provide ; and what the sajd County Court shall doe in the premisses, they are to present it vnto the next Court of Election for their con- sideration ; moreouer, it is refferred to the sajd County Court to vse their best endeavour that the execcuto's & trustees of the late Gouner doe deliuer vnto M' Samuell Bellinghams atturney, Richard Wharton, one hundred pounds in mony, to be transmitted vnto M'' Bellingham as soone as may be, for his support & necessary releife. In ans' to the petition of the selectmen of Roxbury, W" Parks, Tho Coffiittee to Weld, Isack Johnson, &6, it is ordered, that the honoured Gouerno'^ & Symon ^pj^-een Rox- Bradstreet, Escps, w*'' Capt Foster, Captaine Prentice, Ensigne Elisha Hutch- ^'^ * ^^'^- inson to be a comittee to heare & determine the controuersy mentioned in the sajd peticon, & to runn the Ijne betweene the two tonnes, making returne thereof to this Court w"' all convenient speed; the GoQ to appoint time & place as to running of the Ijne, but himself & M' Bradstreet only to act in Boston. In ans"^ to the petition of Tom, the Indian condemned by the last Court Tom, Indian, «T. ii7iiT*i*^r p'don as to life, of Assistants to dy for his rape, &c, humbly acknouledgmg his oiienc, pre- butcondemdto tending ignoranc of the law, &6, the Court judgeth it meet to grant his ^^''"^'^y ^'" ^'^ request as to saving of his life, but order, that he be sold for a slaue for ten yeares, to be sent to the English living in some parts of the West Indjes, remayning in prison till he be sent away. *In pursuance of an order of the Generall Court, dated 27"" 3 mo, 1674, [*24.J anpovntinff us subscribers to take cognizance of certaine matters of differenc Coisitees re- '^'^ Jo '-' ^ ^ turned as to in the toune of Mendon, & make returne to this Court, wee repajred to the ending differ- place 13 5''^, 1674, when, being no considerable appearance of the inhabitants, ^^^^ a warrant „ issued out, comanding their appearance at eight of the clock in y« next following day, when they generally appeared ; & though there seemed great dissatisfaction & differenc betweene souerall of them refferring to church matters as well as civil, yet after large hearing & discourses betweene them- VOL. V. 4 26 THE KECOEDS OP THE COLONY OF 1674. selues & from the comittee, the third day after our appearance, vpon deter- "" '^ ' mination of seuerall differences concluded by ourselues & read vnto them, there appeared reall remorse in seuerall of them, & vniuersall thankfullnes for our pajnes and labour ; their church differences were concluded by mutuall confessions, appointing of a solemne fast & sacrement, which afterward were mutually & peaceably attended; their civil differences were concluded by regulating manner of voating, and appointing voaters & chojce of officers. Other matters of difference were publicquly, at the same tjme, set in order of peace, & refferred some to ourselues, which since are issued to rnutuall sattis- faction ; & by seuerall discourses & letters from them since our returne, wee vnderstand not of the remainders of any old differences or arising of any new disturbance vnless it be some particular disturbance from some strangers of Providence, which were ap;phended, and are vnder bond of appearance at the next County Court, which Court, wee doubt not, will take effectuall order w"* them to prevent further disturbance among them. W PAEKES, EDWAED TYNG, JOSEPH DUDLEY, DANIEL PISHEE. The Court accept of y^ returne, & giue their comittee their thanks for their pajnes. 24 October. Wee, whose names are vnder written, being appointed auditors of the our s accep - gQ^^jj-y Treasurers accounts, do find that on ballance there is due to the coun- anc of y» •' ' comittees re- try from the sajd Tresurer twenty fower pounds sixteene shillings and nine turne of y^ , . , Tresur" aoco's. pence three farthings, the receipts & payments about the Dutch expedition being not here inserted ; also one hundred & fiuety pounds to be receaved on Majo' Shapleigh' fine. Dated tHs 24'" October, 1674. W^ HATHOEF, THO: CLAEKE, HENEY BAETHOLMEW, HUMPHEY DAVY. [*25.] The Court doe allowe & approove of this returne of their comittee. Courts judgm* &i^& Mary"" *T^^ Court, hauing heard & considered of the case of Susanna Martyn & Jones as' Mary Jones, plantiff, by petioon, against Nathaniel Winslow, defend' and on Nath. Wins- .. ^ w ^ j low. pervsall of what hath binn heard & alleadged by both partjes in the case, doe THE MASSACHUSETTS BAY IN NEW ENGLAND. 27 find for the defendant costs of this Court, "w"' fiue pounds mony for hearing the case, w* last was remitted on the importunat peticons of sajd Susanna Martjne. It is ordered, that Majo'' Thomas Clarke & M'' Humphry Davy, w'^' the secretary, be a comittee to pervse the acts of this Court, and determine what they judge meet to be printed. In ans' to the peticon of M"' Anthony Stoddard, together w"' M"^ Rocks ans'' or peticSn, the Court judgeth it meet to order & appoint M"" John Richards & M'^ Jn° JoyliiFe to joyne w"^ M"" Thomas Danforth, ouerseer to the last will & testament of the late M"^ John Coggan, who are hereby fully impowred & authorized to call all partjes concerned therein before them, and on pervsall of the sajd will, w"' hearing what the sajd partjes can say for themselues, to issue and fynally determine what they judge to be right in all respects to one or other in relation to the sajd will, which their determination of any two of them, M'' Danforth being one, shall be a fynall issue thereof. , This Court was dissolued. 1674. 24 October. Comittee to p'vse the Courts acts, &o. Ans' to M' Stoddards, &c w"" M' Rocks, peticon. Att a Generall Court for Elections, held at Boston, the 12"' of 1675. May, 1675. JN° LEUERET, Es^, was chosen Goan"", & tooke his oath in open Court. Samuel Symonds, Es^*, was chosen Dep' GoQ, & tooke his oath in open Court. Symon Bradstreet, Es^, was chosen an Assistant & 1^' comissio'^ in reserve. Daniel Gookin, Daniel Dennison, Symon WiUard, Richard Russell, Thomas Danforth, W™ Hathorne, John Pynchon, Edward Tyng, W" Staughton, Thomas Clark, & Majo' Genii, & 2^ Comission' in reserve. Es^s, were chosen Assistants, and tooke their oaths in Court, &d. & Tresurer, & tooke his oath 13*i May, 75. & 1^' Comission'' for y° Vnited Colonjes. tooke his oath the IS"" day of May. & £'* Comission' for the Vnited Colonjes. Edward Rawson was chosen Secretary, and tooke his oath 13 May. 12 May. 28 THE EECOEDS OP THE COLONY OF 12 May. 1675. The names of the seuerall gen*" returnd from the seuerall tounes to serve at this Court are as followeth on the other side. [For the names of the Deputies, see page 41.] [*26.j *In ans"" to the peticon of seuerall inhabitants of Boston, as also of other tounes in this colony, this Court judgeth it meet to declare and order, that the law for the restrayning of booke debts shall be and hereby is lengthened for two yeares more from this tjme, any thing in that law notw^standing. Prohibition of It is ordered by this Court and the authority thereof, that henceforth it sheeps wooll. t /. ■, /. i t i • shall not be lawfuU for any person or persons whatsoeuer, directly or in- directly, to export any sheeps wooll out of this jurisdiction by sea to any for- reigne parts, on poenalty of forfeiting all such quantitjes or parcells of wooll that shall be taken on board any ship or other vessell w"^ intent to transport the same, the one halfe to the informer, and the other halfe to the publick treasury ; and that no master of any ship or vessell shall receive any sheepes wooll aboard his ship or vessell to be so transported, on poenalty of forfeiting the full value or worth thereof; and the selectmen of euery sea port toune are hereby to choose in each toune one meet person annually to inspect this mat- ter, & execute this order. Racoone ffurs Whereas this Court is informed of the vsefuUnes of racoone furrs for not to be ex- ported on poen- making a good sort of hatts for the supply of the country, — ^ ^^'' It is therefore ordered and enacted by this Court and the authority thereof, that from & after three months after the publication hereof no racoone furrs or skinns shall be shipt for exportation out of this jurisdiction, vpon the poenalty of the forfeiture thereof, the one halfe to the informer, & the other halfe to the country ; and to the end, that this law may be duly executed, it is ordered, that such persons as are appointed to execute the law prohibbiting the transportation of sheepes wooll shall in like manner execute this order. Marshall not It is Ordered by this Court & the authority thereof, that it shall not deputy lu case henceforth be in the power of any marshall to make, constitute, or appoint any deputy in his place or stead to serve attachments or levy executions where the sajd deputy is personally related or concerned, nor shall it be lawfuU for any constable to make a deputy to serve attachments or levy executions in any case, any law, custome, or vsage to the contrary notw*''standing. [*27.] *For the better direction & regulating of all clarkes, secretarys, marshalls. Direction to & constables, in refference to the granting & serving of executions, it is here- cl., sec, & ^ marshall, ab' by ordered and enacted by this Court, that all executions shall be made leTyi^g" &'re- according to the words of the judgement, w'^out addition or substraction, and cording. that the officer that grants the same keepe vpon reccord the day, moneth, & yeare when it was granted, and that all marshalls & constables take care to see THE MASSACHUSETTS BAY IN NEW ENGLAND. 29 them recorded ; and in case of houses & lands taken vpon execution, it con- 167 5. cernes the person or persons to whom they are deliuered to see it duely re- "•■ 12 May. corded, which being don, shall be a legall assurance of such houses & lands to him & his heires foreuer. Whereas the marshalls oath req^uires them to make returne of such Marshlis di- attachments as they serve to the Courts to w'^'^ they are retournable, which in ^^-^^ retumes many cases are very chargeable & troublesome, it is therefore ordered, that ofjittachm', henceforth marshalls & constables shall be obleidged only to make theire returne vpon the backside of the attachm', and the same deliuer to the plantiffe or his orders, sealled vp, when demanded, giving first a copy thereof to the defendant, if he desires it ,• and that no marshall or constable shall be bound to serve any attachm*^ till they haue theire ffees payd them which the law allowes, any law, vsage, or custome to the contrary notw*''standing ; and the aforesajd clause in the marshalls oath relating to the returne of attachm'' to the Court is hereby repealled and declared disobleiglng. Whereas the law requiring constables to haue black staues injoyns them Constables di- ,,•■■, rr tt. ^ 11 • •/■ r r'^'^'ion about to take their sajd stane w™ them when they are in execution ol aney part oi jjjgjj.^ staues. theire office, w"=^ in some cases prooves inconvenient, by giving opportunity to delinquents to escape, for prevention whereof, as an explanation of the sajd lawe, it is hereby declared, that it is intended that constables acting from theire oune authority, & by virtue of the duty of theire place & office, shall then alwayes take w* them theire black staues in the execution of theire place & office ; but when they shall act by virtue of warrant to them directed from authority, they shall then be at liberty whither to carry their black staffe or not. Vppon information from the coinittee of the Castle that there is due to Order for fin- _ „ . ishing the Cas< workemen, &d, and for money disburst for that service, to the value oi three ^.jg hundred pounds, or there abouts, according to theire best guesse, this Court doth order, that the Treasurer of the country doe, as soone as may be, make payment of what is already due, as it shall be directed by the coinittee of the Castle vnto the respective creditors ; and likewise, that the sajd Tresurer doe disburse, from time to time, as shall be necessary to the finishing & preserving the sajd worke as shall be chardged on him by the comittee, not exceeding three hundred pounds. *Whereas the time formerly agreed vpon w"^ the mint masters is now [*28.] expired, for the future well setling of that matter, this Court doth desire & Order setiing ■■^ _ _ the mint. impower the honoured GoQner and Magistrates residing in Boston, or any three of them, to be a comittee to treate w*'' such persons as they shall thinke meet, and to make such an agreement w"" them for the coyning of the mony of this 30 THE RECORDS OF THE COLONY OF 167 5. jurisdiction as may be most incouraging to all persons that haue bullion to ^' bring in the same to the mint. 12 May. Order ab' iri's ^°^' explanation of the law, title Military, sect! 9, in exemption of ships, of sraaie ves- & other vessells aboue twenty tunns, from traynings, it is hereby declared, sells trayning, &c. that it is only intended in that order the exemption of such masters as trade & passe to foreigne parts, and not of those whose imploy of their vessells is in. these parts, and neere where they Hue vpon these coasts. Order for noin- Whereas the allowing & appointing of all comission military officers in tary officers, this jurisdiction belongs propperly & only to this Court by lawe, both peacefull "■ & sattisfactory, and in asmuch as this Court may not be acquainted w**" many vsefull & fitt persons for that service, it is therefore hereby ordered, that henceforth it shall & may be laufull for the comittee of militia in the seuerall tounes where there shall be neede to present the names of two or three meet persons in their tounes for such service & office to this Court for their appro- bation or otherwise, as they shall see- cause. Order for keep- In regard of the remotenes of the county of Devon% there being no Courts in magistrate neere those parts, whereby it is matter of difficulty to haue the Devons. County Court there kept by one of our magistrates according to the law, it is therefore hereby ordered, that hereafter it shall & may be laufull for the County Court of Devon*, from time to tjme, to be kept by such gen' as shall be by this Court anually comissionated to that service. Comission's to M"^ Humphry Davy, Cap? Tho Lake, M' Rich* Collecot, Capt Thomas Gar- ty Court in diner, & M"" George Mountjoy are appointed & hereby coinissionated to keepe Devons. & As- (-jjg next Countv Court in Devonshire for this yeare ensuinsr, as is stated bv social Courts. ■" J b' J law, or any three of them, whereof M'^ Davy or Capt Lake to be one, w*'' such as shallbe appointed associates for that county for this yeere, as Cap? Thomas Gardiner, Cap? Robert Patteshall, John Palmer, Sen, of Monhegin, Robert Gamnon, and Richard Olliuer, who are hereby also appointed & im- powred for this yeare ensuing as associates in Devonshire, & to keepe Courts [*29.] f°^ tenn pounds value, *and either of them to take acknowledgments of deeds, marry such as are legally published, punish offenders, the poenalty of which offences exceed not ten shillings, or by whipping, not exceeding tenn stripes, and in other cases to bind them ouer to the Associate & County Courts. Comission's for Majo' Richard Walderne, Capt Richard Cutts, M' Elias Styleman, & or smou . g^gj.^ ^f them, are appointed coinissioners for Portsmouth for y^ yeare ensuing as the last yeare, & Majo' "Waldern also is appointed coinissioner in Yorks. Comissioners M"^ Nathaniel Saltonstall, Majo' Robert Pike, & M' Samuel Dalton are appointed comissioners for ISTorfolke as the last yeare, & that coinissions be drawne for all. THE MASSACHUSETTS BAY IN NEW ENGLAND. 3j Symon Broadstreet, Es^, is appointed to keepe the County Courts in 167 5. Norfolke for the yeare ensuing w* the associates there. ' ^ ' Capt Nathaniel Saltonstall, Majo'' Robert Pike, M>^ Samuel Dalton, & M-^ , ^^ ^''^' ihomas Bradbury are allowed of by this Court for to be associates for the tokeepNor- county of Norfolke, according as returned, to haue binn nominated by y" courta."""'^ tounes in that county. Associates for (~, -fTT'Ti Norfolke. bymon WiUard, Es^, is appointed to keepe the County Courts in Doner Major WiUard & Yorks for this yeare ensuing. *° ''^^p^ •' " Courts in Majo-^ Eichard Walderne, Majo'^ Eobert Pike, Capt Eichard Cutt, Capt "^""nty "f Elias Styleman, and M"^ Richard Maityn are allowed & approoved of to be Yorks""" associates for the county of Doner & Portsmouth, as they were returned by ^^^""^'^^^ ^r ■' •' Norfolke. the tounes of y' county. Majo"^ Bryan Pendleton, M"^ Eoger Plajsted, M' Edward Eishworth, M' Associates for George Mountjoy, and Capt John WincoU are allowed & approoved of to be the associates for the county of Yorks for this yeare ensuing, as returned by y° tounes. M' Henry Clarke, Capt Elizur Holljoke, Lef ' W" Clarke, & Lelf ' Dauid Associates for "Wilton are allowed for to be associates for the county of Hampshire, as they were returnd by y" tounes of y' county, & to keepe Court w"' Maj' Jn° Pinchon, Es^. Whereas there was on hundred & fifty pounds p aiim in money setled D' Hoares gra. vpon D' Hoare, late president of the colledge, who hath now made a resigna- tion of that place for some space of time, which notw'''standing, this Court doeth heereby order the continuation of his full sallery vntill this Courts sit- ting, according to order. This Court, receiving information from the honored & reuerend oflseers M' Vryan of the colledge, that vpon D"' Hoares resignation of the prsesidents place, they ^g^^j ^f jj^^., haue concurred w*"^ the corporation in the election of the EeQend M' Vryan ''^^ Colledge. Oakes to be preesident of the colledge, & haue accordingly intreated & prae- vayled w"" the sajd M'' Oakes to take the present ouersight & goQment of the colledge as president ; they doe declare their hearty approbation of the elec- tion of M' Oakes to that place, and doe &f doe earnestly desire his acceptanc thereof and continuance therein, that there may be a revivall of that society vnto the glory of God & the publicke weale of these churches so much con- cerned therein. *It is ordered that the president of the colledg shall haue allowed him one [*30.] hundred pounds in money by the yeare, to be payd him by the Tresurer of l""" P' *""• ^° ^ " 1 •' i... yj president. the country. _, .^ ^ •' Gratuity to y» This Court . into their consideration the smalenes of our honoured Gou- Goanc 32 THE KECORDS OE THE COLONY OF 167 5. erno's yearely salary, & the dayly encrease of his expences & labour in that ~ ^ ■ place of publicke service, they order & appoinct, that the Tresurer shall pay 12 Mav vnto him the surame of one hundred pounds, by way of gratuity, & as a testi- mony of their respect to him. The Tr. to pay In consideration of the Eeuerend M' Torrey his charge In printing his pound"*^^ "^ election sermon, the Court judgeth it meet to give him fine pounds out of the publick trestiry, to reimburse his charge therein. Older for y« Vpon information from Deacon John Cooper & M"^ W™ Manning, (who theleueraii ^^^ betrusted for the colledge worke or sedifice at Cambridge,) that seuerall tounes, as well tounes haue returned no subscriptions to this day, as appeares by an accompt y that haue subscribed & vnder the sajd trustees hands, this Court doeth therefore order, that the secre- those^y'haue ^^''^J ^°^ forthwith signify to the tounes respectively the pleasure of this not, to bring Court, which is, that the selectmen in each of the tounes (who are behind in in, &c, their contribution to their payments according to their subscriptions) doe forthwith make such y new build- effectuall provission, that the one halfe thereof at least may be speedily mgs, &e, at y= brought into the said coinittee, & the remayning part as soon as may be ; as New colledge. likewise that letters may be sent to the secretary to those tounes that yet haue not subscribed, req[uireing the elders or minister in the sajd tounes to stirr vp the inhabitants to so pious and necessary a worke. The secretary in his let- ters is to enforme of the incouragement there is by the late progresse of affaires in sajd colledge, & likewise to lett such know who are & shall continue to be wholly neglective herein. This Court, at the next session, will be en- forced to take further order herein, that some be not eased, & others burdened, and that the charge of transportation is to be payd out of the contribution. M' James Al- M' John Oxenbridge, the late reiiend pastor of the first church in Bos- licencers of ■ *°'"' deceased, hauing binn appointed one of the ouerse'^s of the press, this presse. Court orders and appoints M"^ James Allin, teacher of the sajd church, to suc- ceed in that place in his roome. [*31.] *ln pursuance of an order of the Generall Court in October last, the Major of Suf- majo'' of the county of Suffolke, w*^ the comission officers of Boston, mett this follt returne as ' i • n • i t i* i to y diuicon of day, & ou due consideration & veywing the lyst of the trayned souldjers in compa. in Bos- j.j^jg toune, in obedience to the sajd order, divided the sajd souldjers into eight companjes, & bounded them accordingly, & do make this their returne, re- questing the major to present it, & was signed by the coinission officers in that toune, which the Court considering of proceeded. It is ordered, that Capl Thomas Lake be captaine of the new company raysed out of Cap? Savage his company, M' John Richards, cap? of that company raysed out of Majo"' Clarks company, M"^ Humphry Davy to be capt of that company raysed out of Cap? Olliuers company, & M"^ John Hull capt out of that raised out of the South Company, whereof W™ Hudson is cap?. *THE MASSACHUSETTS BAY IN NEW ENGLAND. 33 Cap? Thomas Lake, by his petition presented to this Court, & M' 1675. Humphry Davy appearing in Court, & both desireing the Courts favour to ac- ' ^' cept of their refusall as to those offices, the Court granted their motions, and AUtoWrir proceeded, leaving the sajd Capt Lake in the station he now is, and appointed """"^s'^'^s ex- M' Daniel Hinchman cap? of that company, and Lef ? Thomas Clarke cap? insteed of M' Davy, in that company ; and did also order & appoint Hugh Drury to be lef ?, & John "Wing ensigne, to the foot company, vnder the coinand of Capt Daniel Henchman, who is to haue the fifth place. And Mathew Barnard lef ', Anthony Cheekly ensigne, to the company, Anthony vnder the coroland of Cap? John Eichards, who is to haue the sixth place ; ^^k^e^Vaa of and Enock Greenlefe to be lef ', & Pen Tounsend ensigne, to the ffijot com- fidelity, &c. pany, vnder the comand of Cap? Thomas Clarke, who is to haue the seventh place. And Theophilus Frary lef?, and Benjamin Thirston ensigne, to the foot company, vnder the comand of Cap? John Hull, who is to haue the eighth place. Daniel Turell is appointed & ordered to be ensigne to the fFoot company Daniel Turin of Majo-^ Thomas Clarks. ^""S"""- It is ordered, that Elisha Hutchinson be lef ', and Ephrajm Turner en- Eiisha Hutch- signe, to the ffoot company of Cap? James OUiuer. Tumer\nsign. It is ordered, that Nathaniel Eeynolds be lef? to the ffoot company of Nath. Keyn- Capt "W™ Hudsons. *It is ordered, that John Price be lefteniit, & John Higginson ensigne, to [*32.] the first ffoot company in Salem, (under the conduct of Cap? Joseph Gardi- °° J^^ ®. *'_ ner,) they taking the oath of fidelity till this Court further order. son ensigne, to . y» 1st company It is ordered, that Eichard Leach be leftennt, & John Pickering en- ;„ saiem. eigne, to the seccond foote company in Salem, vnder the conduct of Cap? ^^"^^ l'^^^'^ John Coruin. Pickering en- It is ordered, that Thomas Burnam be ensign to the ffoote company in !,'f"^' ' ° '■ •> Tho. Burnam Ipsuich, vnder the conduct of Majo' Generall Denisson, Es^, their cap?. ensigqe to ips- Por explanation of the law, title Military, secti 9, in explanation of mas- ^aw or order ters of ships & other vessells aboue twenty tunns from trayning, it is hereby ab* smaie ves- , sells. declared, that it is onely intended in that order the exemption of such mas- ters as trade & passe to forreigne parts, and not of those whose imploy of their vessells is in these parts, and neere where they line vpon these coasts. "Whereas the collection of the country & Castle rate in the yeare 1673 was Constable of obstructed in the toune of Hauerill by the death of the constable of the sajd i^^^yrrates"" ' toune, this Court doeth order, that the Tresurer of the country grant forth a ^'pY/j™''''*'^ warrant to the constable now in being, to gather in & pay the sajd rates to the Tresurers that are to receive the same. VOL. V. 5 34 THE RECORDS OF THE COLONY OF 1675. This Court, considering the elaborate & seasonable discourse of the KeQend M' Joshua Moody enterteyned the Generall Assembly with on the day of elecc6n, judge meet to entreate the sajd M' Moody to transcribe a copy > 12 May. M' Moodys sermon to be thereof mccte for the presse, that it may be printed. Courts ans' to ^^ ^^^^ *° ^^^ petitions & remonstrances of seuerall inhabitants of Salem, & comittee ab' 3,3 also the peticon & remonstrance of M"" John Higginson, the Court judgeth Salem & M- ^ j --, t Higginsons pe- it meete, on their pervsall thereof, to order & desire our honoured GoGno', Jn° ticon, &c. Le^^eret, Es^, Samuel Symonds, Esf , Dep' Gouerno', Edward Tynge, W-° Stoughton, Esfs, w* M' John Eichards, M"^ Peeter Bulkly, Cap? Hugh Mason, Capt Daniel Eisher, M"^ Joseph Dudley, and Capt John "Wajte, to be a comittee to repajre to Salem at such time as the GoQno' shall appoint, and there call the partjes concerned before them ; and on a full hearing of what each partj^ can say for themselues, to endeauo' an amicable conclusion betwene them, (if it may be,) & to make their returne of what they finde & doe therein at the next sessions of this Court. [*33.] *In ans"^ to the peticon or humble motion of the deputy of Beverly in Comittee as to behalfe of the sajd toune, the Court, on pervsall of the motion aboue exprest, Beverly mo- tion, which is on file, judge meet to appoint Majo"" Generall Danll Denisson, w"' Lef ? Samuel Apleton & Ensigne Fuller, to be a cofnittee on the place to vejw the lands mentioned, and make their report to this Court what they judge ne- cessary to be donn therein. Ans' to Cap' In ans'' to the humble motion of Cap? Thomas Lawthrop, humbly desiring tio^^ this Courts explanation what their meaning was in theire grant to Salem farmers, where it is sajd all lands w'^'in such a Ijne shall pay to their ministrje, whither all improoved lands or lands that are not improoved, where they themselues haue all the benefit, & the ouners none at all, this being decided may prevent many suites, the Court, on pervsall of this motion, doe appoint & order Majo' Generall Daniel Denisson, Lef ? Samuel Apleton, & Ensigne Fuller, to be a comittee on the place to vejw the lands aboue mentioned, & make their report to this Court what they judge necessary to be donne therein. Ans' to Alice In answer to the peticon of Alice Howard, relict of the late Willjam conT'^ ^ ^^ '" Ho'w^^.rd, late of Boston, deceased, the Court judgeth it meete, there being no heire to confirme the act of the County Court in Boston, on theire adjourn- ment. May the gl"', 1674, in setling the estate of the sajd Willjam Howaard vpon hir, and doe fully impouer the petic6ners to dispose of the estate left hir by hir husband according to hir desire exprest in hir petition. Ans' to RicVd In ans' to the peticbn of Richard EUice, of Dedham, & Jn° Bracket, of Billirrica, the Court judgeth it meet that an alteration be made according as is desired, & that the word ' land ' be put instead of ' vpland.' THE MASSACHUSETTS BAY IN NEW ENGLAND. 35 In ans"^ to the peticbn or motion of Georg Phelps, vnckle to Elisha 1675. Harte, at the sajd Phelps motion, signed by Elizur Holioke, the sajd Elisha " ■> ' Harte, tho a man groune, betweene thirty & forty yeares, not of abillitv to ^^ ^°'^' , 1 /• 1 1 ■ " -I J Harts land of mannage the estate left by his father, the Court judgeth it meet to grant what Westfeiidto bo is desired in that peti68n, i. e., liberty to make sale of so much of the land as ^"^^ ^ '"''^' is necessary for the ends proposed, so as it be donne by the advice & approba- tion of Cap? Holjoke, & returne made to the Court of that county to be recorded. In ans' to the peticon of Bozoone Allen, the Court judgeth it meete to Ans' to Bo- grant the petic8ner a hearing of his case the next fifth day, at foure of the ^°™^l«"^ •' peticon. clocke, and that the secretary give warrant to all partjes concerned to make their appearance at the time appointed, & the peticoner to signify to them the mind of the Coui't herein, w* accordingly was done, & the partjes & attur- neys appeared accordingly. *In ans' to the petition of Nathaniel Bosworth, of Hull, the Court [*34.J judgeth it meete to grant the peticoner, w*'' such others as shall present that Ans' to Nathan tract of land therein desired, they being such persons as shall be approued by ticon. "Willjam Staughton, Es^*, Capt Joshua Hubbard, Capt Willjam Torrey, Lef ? John Smith, and Lef ? John Holbrooke, M' Thomas Dyer, or any fouer of them, who are appointed a comittee for the ordering the giving of lotts, or otherwise mannaging the prudentialls there, to make a valid act, prouided Anewplanta- there be twenty familjes setled there w*Mn three yeares, and that there be also ^^^^'^^^ '" a setled & orthodox minister there w*''in the sajd terme, and that it be w'Mn hon- our Ijne, and not intrench vpon any former grant ; provided also, that a farme of two hundred & fiuety acres be lajd out for the countrys farme, and that a Conntrys plat thereof, when a plat for the place or toune is brought into this Court, be also brought in. In ans to the peticon of John Floyd, atturney to Henry Despaw, Sen, & Ans' to John Henry Dispaw, Jun, the Court judgetli it meete that the clarke of the Court attumey to • giue vnto the peticoner a new execution, to be levyed vpon the person or estate ^^^^'^ °^'" of John Gifford & partners, for the full sattisfaction of the judgment obteyned at the County Court held at Boston in January last. In regard of the remotenes of the county of Devonshire, and there being County Court no magistrate neere those parts, whereby it is matter of difiiculty to haue the &\y"homto County Courts there kept by one of our magistrates, according to the law, it ^e kept annu- ls therefore hereby ordered, that heereafter it shall and maybe laufuU for the County Court of Devonshire, from time to time, to be kept by such gent" as _, T, • . J i ^1 i. • Ans.toM"Bel- shallbe by this Court annually comissionated to that service. linghams peti- In ans'' to the peticbn of M" Penellope Bellingham, humbly desiring the wn. 36 THE KECOEDS OP THE COLONY OP 12 May. 1 G 7 5. favour of this Court to grant hir liberty to w"'drawe her peticSn, the Court judgeth it meete to grant hir request, and accordingly it was withdrawn. [.,^„^ .. *In ans"^ to the petic8n of Sampson Shoare, together w* the humble Ans' to Samp- ^equcst of Nathaniel Bosworth, execcuto'^ to the last will & testament of John son Shoares Lobdell, the Court judgeth it meete to impower Nathaniel Bosworth, deacon petition. to the church of Christ at Hull, & father in law to John Lobdell, deceased, to make Sampson Shoare a legall deed, as is desired. Ans' to seu" In ans'^ to the petition of Thomas King, John How, Sen, John Wood, M^riboroughf Sen, Edw'^ Eise, & seuerall other inhabitants of Marlborough, the Court, peticon. hauing read & considered this petition, and finding that ^ therein conteyned many reflections vpon this Courts coinittee, that haue spent much time in hearing and determining that matters of strife that haue been in that place, and whose returne in that matter hath been by this Court received and ap- prooved, doe order, that the complaynants shall haue a hearing at the next sessions of this Court, the first sixth day of the weeke, they giving notice thereof to the partjes concerned therein, and give sufiicient caution to respond the Courts charges & fynall sentence. Ans' to Rich'' In ans' to the peticSn of Richard Wharton, in relation to his complaints tion"s°toD'' ^ behalfe of Samuel Bellingham, Es^, his peticon, w* some other papers Beiimghams presented w"" it, being lajd aside, and the Court ready to breake vp, that they granted. cannot now stay to issue it, which they are desirous of, and doe therefore order, that the secretary give notice to the trustees of the late Goflno' Belling- hams will, as also to M'^ Richard Wharton, that the case is to be heard & de- termined the next sessions, the seccond day of the id Court, that they giue their attendance accordingly. Ans' to Jer. In ans' to the petition of Jerremiah Belchar and seuerall others, inhabit- - ^ °„ ^"T, ''^ .'' ants in & about Ipsuich, it is ordered, that the tract of land desired in their con & otner in- r ' ' habitants of petition be allowed a plantation, prouided it be but sixe miles square, or the Ipsuich for a , _ * new pianta- quantity thereof, but not in length more then ten miles, or so much of the plat as conteines that quantity ; & for ordering of the affaires thereof, admit- ting inhabitants, granting lotts, and ordering all prudentialls of the place, this A coffiittee for Court appoints the honoured M' Symonds, the present Deputy GoQno', Majo"" Generall Daniel Denisson, Cap? Samuell Apleton, & Cornet Whiple, or any two of them, to joyne w* Quarterm'' John Perkins, Corporall Jn° Andrews, Sai-jant Belchar, & Henry Bennet, or any two of them, who being met together, the majo' pte of them shall haue full power to act therein till the General Court shall otheruise order, provided a farme of three hundred acres, in some convenient place, shall be layd out for the country, & the petitioners not to be excluded from hauing lotts in this grant.; also, that it be planted w"> THE MASSACHUSETTS BAY IN NEW ENGLAND. 37 twenty familjes, and haue an orthodox minister w*''in sixe yeares, and that it 1675. be not to the pfiudice of any former grant. " v ' In ans' to the peticSn of Edmnd & William Sheffeild, humbly desiring ^'^^''^' _ *' 'JO j^jigr to Ed- this Courts favour to impower Joshua Fisher, son to y« late Joshua Fisher, mund Shef- Cap? Daniel Fisher, & Thomas Battile, administrate'^ to y« late Lef ? Joshua " ^ p'^*'™"- Fishers estate, power to make them a firme deed of sale of the six hundred acres of vpland & meadow, which the sajd Joshua Fisher sold them on Boggestow Brook, w* they pajd him for ; & the Court grants theire request, & impowers the administrator's accordingly. *In ans' to the petition of Bryan Pendleton, Humphry "Warren, John [*36.] Leighton, Richard Comins, Jn" Sargant, John Carter, w**" others, &d, the A new pianta- y-i . J, , . , tion granted L/ourt judgeth it meet to grant the peticoners the contents of six miles aboueSaco. square, and doe hereby desire & impower Cap? Frost, Cap? Wincoll, & Leif- tennt Playsted, or any two of them, to lay it out, as a comittee, in the place propounded, so it be free from former grants. In ans"" to the petition of Henry Addams, in the name and by appoint- Ans' to Henry ment of the farmers & petitioners of Sherborne, it is ordered, that Cap? Daniel g^^ ^f gj^^^. Fisher, Serjant Rich* EUis, & Serjant Thomas Thirston, of Meadfeild, be a ''"™«- comittee to see the sajd exchange performed to rautuall consent of partjes, & Cap? Gookin & M'' Elliot, on behalfe of the Indians, and to consider the sequality of their other request, prouided Naticke bounds be first layd out and agreed vpon, & presented perfected to this coinittee by the first of September next ; howeuer, that the comittee goe on to perfect the plantation by the next session, making theire report to this Court. As an addition to the fiuety shilling allowed Edward Cowell by order Tresurer to pay of this Court, 27"' May, 1674, for his horse, prest into the service of the 5.1 mony for hia country in a journey to New Yorke, the sajd horse being spoyled in the sajd '""'^''• service, it is ordered, that the country Tresurer pay & make vp the sajd fiuety shillings fine pounds, in money, to the sajd Cowell. The comittee by the hono''d Genii Court to heare the difierenc be- Comitteesre- , turne as to twixt Eoxbury & Dedham concernmg a Ijne betwixt the two tounes, wee, Dedhams ijne hauing heard theire allegations & pervsed the euidences, finde that Eoxbury *pp"°™j* ^^ had once a right and title vnto the Ijne w'^'' they clajme ; but by euidence & agreement wee finde the two tounes of Eoxbury & Dedham haue made an agreement of another Ijne, which was runne by both tounes in the yeares 1651 & 1654, to be the Ijne of divission betwixt the two tounes ; but if any of Eoxbury haue any propriety w"'in the sajd Ijne towards Dedham, they shall enjoy their particcular propriety, and Dedham enjoy their purchased land 38 THE RECOEDS OF THE COLONY OP - — y — - 12 May. 167 5. purchast of Koxbury ; all which wee submitt vnto the honoured General] Courts determination. Boston, May 3, 1675. JOHN LEUERET, SYMON BRADSTREET, HOPESTIL FOSTER, THOMAS PRENTICE, ELISHA HUTCHINSON. The Court, hauing pervsed the aboue returne, doe approove thereof, as EDWARD RAWSON, Secre?y. Dedhams bill of costs refferd to y County Court of Suf- folke, &c. Cap' Carters coinisBion to marry, &c. [*37.] Ans' to Jn* Trumbles peti- con. Ans' to Eenja. Bosworths pe- ticon. Ans' to y in- habitants of Oyster Eiver. Ans' to Edw* Colcords pe'i- Dedham presenting their bill of costs, amounting to fiuety fower shil- lings, the Court saw cause to referr the consideration thereof to the County Court of SuiFolke, & coinend the consideration & remitment of the fines imposed on the sajd tounes for their neglects to them, as they shall see cause. Cap? John Carter, of Wooborne, is appointed & authorized to joyne such in marriage as are duly published, as the law directs, one of th^ sajd partjes, at least, living in that precincts. *In ans'' to the peticon of John Trumble, in behalfe of the child of Henry Blackman, deceased, the Court judgeth it meete to grant the peti66ners re- quest, and doe impower him to make sale of the sajd house for the ends pro- posed, he giving an accompt of what he shall doe therein to the County Court of Midlesex. In ans' to the peticSn of Benjamin Bosworth, the Court judgeth it meete to grant his request, so as the land desired & mentioned in his peticSn exceed not twenty acres, and that it be in this Courts power to dispose of, and not belonging to any toune or person. In ans'^ to the petition of the inhabitants of Oyster River, Phillip Hollet, Jn° Bickford, Robert Burnams, John Woodman, & others, it is ordered, that the petitioners shall haue liberty yearely to choose three selectmen, who shall haue power to make such rate or rates as they shall see necessity for the maintenance of the ministry, to be collected by the constable according to law. In ans' to the petition of Edward Colcord, the Court judgeth it meete to refferr the hearing & examination of the case mentioned in his petition to the County Court of Norfolke, the sajd Colcord giuing legall notice to persons concerned to attend there, and the sajd Court to make returne to the next THE MASSACHUSETTS BAY IN NEW ENGLAND. 39 sessions of this Court how they finde the case, that then this Court may make 1675. determination therein. ' ^^ ' "Whereas Abraham Patch, the son of Edmund Patch, about a yeare since „ , ,^^' 'J Order for y did runne away from his wife (leaving hir w"^ child, and his aged ffather, de- sale of Edmund .. & Abraham biiitated m body & mmde, w'^out helpe) w* a marrjed woeman, and the sajd Patch land. fiither, Edmund Patch, and the wife & child, being left destitute, & repayring by their freinds to the County Court at Ipsuich for help & succour, the sajd Court did sequester the lands of the sajd Edmund Patch, and order the sale of some lands for the present & necessary releife of the sajd father, and wife, & child, w'='' is already expended, this Court doeth order, that the act of the County Court of Ipswich or Salem shall be valid and good to all intents & purposes for the sale of all or any of the lands of the sajd Edmund Patch, or Abraham Patch, the father, & of the wife & children of the sajd Abraham Patch. In ans' to the petition of George & Prancis Addams, humbly desiring Ans' to George & Francis Ad- the favour of this Court to confirme vnto them a certeine parcell of vpland & ams peticon. meadow seuerall yeares since given to them by Shoniow, sachem of Nasha- way, deceased, called by the name of Washaame Hill, being about the quan- tity of two hundred acres, which land hath, since the death of the sajd Shoniow, binn confirmed to them by Mathew, his nephew, so called by the English, before the honoured Capt Gookin, and since the sajd Mathews decease againe confirmed by Samuel, now sagamore of the place, and alike Y« 200 aca acknouledged the eleventh of this instant May, 1675, the Court judgeth it meet to grant the peticSners request. *Bozoone Allen, plaintifie, by peticfin, against Jeremiah Jewet and Phillip [*38.] Nelson, execcuto''s to the last will and testament of Joseph Jewet, late of Courts judg- ^ ment m y case Eowley, deceased, defiendants, in an action of the case depending betweene ofBozooneAi- the sajd partjes, which hath binn heard in inferiour Courts, wherein the plain- ^"^hSewX tifie craueth the favour & justice of this Court for a fynall issue thereof, this ^^^^.pJ'Jl.T^*' Court, hauing heard & considered the pleas & euidences of both partjes, ■w*'^ the proceedings of former Courts that haue given judgement therein, doe order, that the defendant shall pay vnto the plaintiffe two hundred sixty & seven pounds seventeen shillings & eight pence in come or catle, at currant prices, (horse kind exempted,) & costs of Court ; and that all the houses & lands whereof the sajd Joseph Jewet died seized, and are not legally disposed of or alljenated for sattisfying of his just debts, shall be & remajne as security for payment of his debt, as well as that which the plaintiff hath already extended vpon, & be Ijable to be taken in execution for payment thereof, in case that it be not sattisfied in manners as is aboue prouided and ordered, the 40 THE RECORDS OF THE COLONY OF 167 5. plantlffs giving the deflfendants notice when he will make demand thereof, " ic""^ which he did, on their motion, in open Court, declared to be on the sixteenth day of June next, and this to be a fynall issue of this case betweene the plain- tiffe and defendants, the Court ordering the plaintiff to pay eight pounds mony for the Courts hearing of the case, which, w"" the plantiffes costs aboue grant- ed, being six pounds six shillings in all, came to fourteen pounds sixe shillings & eight pence mony. Antho. Check- It is Ordered, that M'' Anthony Checkly officiate in the place of ensigne Iv 61isisil6> to the ffoot company vnder the conduct of John Richards, captaine, and till this Court take further order. Ans' to Benj. In ans"' to the petition of Benjamin Lowle, the Court judgeth it meet ouespe ic . ^^ j.g£gj.j. jjjg petitioner to take his due course in law, (hauing or petending to haue new evidence,) if he see cause. Pardon grant- In ans' to the petic8n of Peter Rodriego, humbly desiring this Courts cd. to Fsst&r Rodriego, y"- favour in his pardon, ouning his petition in open Court, the Court judged it was found guii- jjjegtg jq grant the petitioner a full & free pardon, according to his desire in his petic8n. Mendoncomit- In ans' to the minister, Joseph Emerson, w*'' the selectmen of Mendon, the Court judgeth it meete to order & impower M' Edward Tyng, M"" Joseph Dudley, M"^ W™ Parkes, & Captaine Poster, the former comittee, to be a stand- ing comittee of that place, as is desired, till this Court take further order thereabouts. ['39.] *Att the request of the selectmen of Hauerill, the bounds of the sajd HaveriU, July ^Q^^g ^g^g perfected as foUoweth : From Hoults Rocks wee ran due north the 4tn, 1674. Hauerill west, according to the compasse, not allowing any variations, allowing Ames- out & con- ^^^^7 ^^^^^ ^^^^ ^^^ i^^^ bounds, as hath binn determined by the honoured firmed. Generall Court ; all the other lines on the west side of the plantation wee ran 2mo,\75.) ^^°™ Merremacke Riuer due north, vntill it cut w"» the first Ijne, where wee erected a great pillar of stones ; this last Ijne was sett out & begun to run, by Ensigne Noyes & Sarjant Jn° Parker, at eight miles distance from Hauerill meetting house, vpon a due west Ijne, which is according to the grant of the Generall Court ; the runing Ijnes on both sides' of the plantation were well bounded by markt trees, & heapes of stones. Lajd out By JONATHAN DANFORTH, Survejer. The Court approoves of this returne. As attests EDW: RAWSON, Secre'y. THE MASSACHUSETTS BAY IN NEW ENGLAND. 41 The Court, considering the great pajnes & charge, & good service of M' 167 5. John Payne in laying out & runing our south Ijne, judge meete to grant his ' ' ' request as to the eighteen hundred acres, so it be in one place, as also the j^opaynes fouer thousand acres, so it be lajd out together, and in one place, prouided & erant on con- dico. on condition he not only give his oath to his returne, but also procure the testimonjes of those that accompanied him therein. In ans' to the petition of the selectmen of Billirrica, they are granted Ans' to Billir- liberty to find out a parcell of wast land suiteable for theire accomodation, & present the same to the next sessions of this Court, "who will be ready to accomodate them so farr as may be donn w"'out prejudice to former grants or to the publicke. Whereas the body of Edward Lewis being found dead, & vejwed by the Courts procla- ' t * ' • n T 1 ' 1 TT ^^-tion to dis- coroners mquestt, who haue given in their virdict, finding him to be wounded couer the mm in seuerall places, whereby he was murthered, it is by this Court declared, ' Lewis, that it is the duty of all persons that are in any wise privy to any words, actions, or report that may tend directly or indirectly to finde out & discouer the murtherers forthwith to reveale the same to lawfull authority, and that none may be vnder any temptation to conceale what they either know, or haue heard by report, least through former silence they should thereby ensnare themselues, this Court doeth, for theire security and indempnity, further de- clare, that neither former concealement nor non discovery of the trueth, as aforesajd, shall be any occasion of trouble or damag to any person or persons whateuer that shall now give in theire testimonjes, vnless it shall appeare that they haue been actors in that horrid murther, and doe heereby comand & require all persons to attend their duty herein & truely declare what they know or haue heard that may tend to finde out the murtherers to the honoured Gouernor, or some of the magistrates, before the 17"" of June next, as they will answer the contrary at their perill. *This Court is adjourned to the 13*'' October next, at one of the clocke in [*40.] y^ aftemoone. HERE foUoweth the names of the deputjes sent to serve at the Generall Court of Election, to be held at Boston, the IS'" of May, 1675, & should haue binn plact at the beginig of that session, but was forgott, & therefore is here plact : — M"' "W" Broune, M' Edmund Batter, Salem. Cap? Laurenc Hammond, Chars. VOL. V. 6 42 THE EECORDS OF THE COLONY OF 12 May. 167 5. Cap? Hopestill Foster, Lef ? Jn° Capen, Dorch. M"^ Anthony Stoddard, Leif? Tho Clarke, Boston. M"^ Joseph Dudley, M' W" Gary, Box*. Cap? Hugh Mason, Lef ? Rich'* Beeres, Water ^ M' Edw Jackson, M"^ Edw Oakes, Cambridg. Ensig Jn" Fuller, Lynn. Leif ? Samuel Apleton, M' Georg Gittings, Ipsuich. Lef ? Archelaus Woodman, Newbery. M' Thomas Dyer, Wey: Capt Joshua Hubbard, Hing. M'^ Peter Bulkley, Concord. Cap? Dani Fisher, Dedham. Cap? Elizur Holyoke, Spring, 1 s. M' Samuel Dalton, Hampton, 1 s. M' MaximI Jewett, 1 s, M' Rich'^ Swann, 1 s, Eouley. Leif ? Edm Quinsey, Brantry, 1 s. Maj'' Rich* Walderne, Doner. M' Humphry Davy, Wooborne. Cap? Rich* Cutts, Portsmouth, 1 s. Cap? John Wayte, Maulden. Cap? Tho Lothrop, Beverly. Cap? John Wincoll, Kettery, 1 s. Lef ? Henry Addams, Meadfeild. M' Edw* Richworth, Yorke. M' John Richards, Hadley. M' Peter Tilton, Leif? W™ Clarke, North Hamp, 1 s. Leif? Georg Broune, Hauerill, 1 s. Majo' Richard Waldern was chosen Speaker for May sessions, 1675. Es^s. THE MASSACHUSETTS BAY IN NEW ENGLAND. 43 *Att a Generall Court, called by the Gmno" §• Council, ^ held at 1675. Boston, the T of July, 1675. ' ' — " 9 July. Present at y« Court, — [*41-] Jn° Leueret, Es^, God, Sain Symons, Es^, Dep' Go. Symon Bradstreet, Daniel Gookin, Daniel Denisson, Rich'* Russell, Tho Danforth, W-" Hathorne, Edw* Tyng, W™ Stoughton, Tho Clarke, Assistants, & . The names of thi»deputjes to serve at y' Court were, — M' Edmund Batter, M' "W"" Broune, Salem. Capt Lauf Hamond, Ch T. Cap? Hops^ Foster, Left Jn" Capen, Dorch. M' Anth9 Stoddard, Lef ! Tho Clarke, Boston. M'^ Joseph Dudley, M' W" Gary, Roxbu. Cap? Hugh Mason, L' Rich* Beeres, Water?. M' Edw Jackson, M"' Edw* Oakes, Camfe. Ensi Jn" Fuller, Lyn. Left Sam Apleton, M' Georg Gettings, Ips. Lef ? Arche "Woodman, New. M' Tho Dyer, Wey. Cap? Josh Hubbard, Hing. M' Peter Bulkley, Concord. Cap? Dani Fisher, Dedh. Cap? Elizur Holyoke, Spring. IN" pursuance of an order of the Generall Court, held May the IS"", 1675, relating to the future selling of the mint, it is agreed by vs, the sub- scribers, as a comittee appointed therevnto, as foUoweth ; i. e., — That the former masters of the mint, viz*, Robert Saunderson & John 44 THE RECOEDS OF THE COLONY OF 9 July. 1675. Hull, doe contimie to mint what siluer buUjon shall come in for this seven "^•^ ^ yeares next to come, if either of them Hue so long, and doe receive of those that bring bulljon to the mint, as a full reward for their paynes, twelve pence for euery twenty shillings, & three pence for the wast of euery three- ounces of sterling siluer that they shall so mint, viz*, fiueteen pence in the whole for euery twenty shillings ; and the sajd minters are to pay in to the Treasurer of the country, in mony, twenty pounds p ann during abouesajd terme. That this is our agreement, wittnes our hands heerevnto put, the 3* of June, 1675. JOHN LEUERET, SYMON BRADSTREETE, EDWARD TYNG, ROBERT SANDERSON, JOHN HULL. The Court approoves of this returne, and the setlement of the mint accordingly. As attests EDWARD RAWSON, Secret^. For the defraying the charge of what hath binn depended in the present expedition against the Indians, and for a future supply as to that affayre, it is ordered, that there be a single country rate levyed vpon the inhabitants of this jurisdiction, and to that end that the Treasurer forthwith issue out his war- rants to the seuerall tounes, and imediately vpon the receite thereof the selectmen, w**^ such comissioners as shall be chosen, to take a list of the names of all heads rateable, and to make a just valluation of all estates, as in times past, and in all respects to act as in the lawe is provided for publicke charges, saue only as to the tjme therein prefixed, and that the Treasurer appointe time and place of meeting in the seuerall countjes. And it is further ordered, that the aforesajd single country rate be all payd in money, & the constables of the seuerall tounes be speedily ordered to collect & gather the same, and to make returne thereof to the aforesajd country Treasurer by the last of August, that so it may be improoved for the ends aboue exprest. It is ordered, that the comittee for this expedition be impowred by the constable heere or elswhere to impresse fower thousand of bread, and that sixe barrells of pouder deliuered to theire order by the surveyor, and that proportionable bullet & shott be prouided by them, and all conveyed to the coraissarjes, for the vse of our army at theire quarters, by the sloop that is going. It is ordered, that that part of the lawe, page 78, title Indians, impour- THE MASSACHUSETTS BAY IN NEW ENGLAND. 45 ing the Tresurer to license persons to sell any Indian or Indians, not in hos- 1675. tillity w* us, pouder, shott, lead, guns, hand gunnes, rapier blades, swords, ' » &d, on condition therein exprest, is heereby repealled. " ^' *Whereas the troopers & theire trooping horses are wont to be exempted [*42.] in ordinary country rates, it is heereby declared, that they are not to be freed Troopers not in the rates granted by this Court for the defraying the charge of the present from rates to expedition against the Indians. y warr. It is ordered, that Sarjant Josiah Heynes, of Sudbury, shall be leif ? to josiah Heynea Captaine Edmund Goodenough. It is ordered, that the comittee for this expedition is forthw"" to make prouission for the conveyance of such amution as our neighbours of Plymouth haue writt for, keeping the account of the chardge thereof. It is ordered, that the matter refferring to M"^ Graues sitting in Court, & M' Graues. not accepted by the House of Deputjes, shall be heard and determined at October sessions, the first day of the Generall Court. This Court doeth declare, that the Castle souldjers who haue binn freed Castie soudiers from watchings & wardings in the tounes where they dwell in ordinary cases, fro^^xTraor- are not exempted therefrom in cases extraordinary, that are not of the like ^™^''- ■>^'>-tch- ings. nature. In ans"^ to the peticons of John Roads, Peter Grant, Rich'* Poulers, and Ans' to Jn» 1 1 J 1 Roads, Peter Randall Judson, the fower condemned malefactor's, the Court doeth order the Grant, &c. respitting of the consideration of the sajd peticons vntill the sessions of the Generall Court in October. For the defiraying the charge of what hath been expended in the present Three country expedition against the Indians, and for a future supply of the tresury, it is ordered, that there shall be three single country rates levyed this yeare, and that the Tresurer doe accordingly issue out his warrants to the seuerall tounes, the sajd rates to be payd, the one w^^ha. one moneth, the seccond in the 8 A, and the last at the vsuall time & manner, and all the sajd rates to be brought in to the Tresurer, w'^'^out any allowance for carriage, but that to be borne by the seuerall tounes, and such as will pay in money, shall be abated one fowerth part. This Court is dissolved. 46 THE RECORDS OF THE COLONY OP 1675. *Att the seccond Sessions of the Generall Court, held at Boston, ' ' ' the 13'" of Octoh% 1675. 13 October. '' LI Present, Jn° Leueret, Es^, GoQ, Sam Symonds, Es^, Dep* GoQ. Daniel Gookin, Daniel Dennison, Symon Willard, 19 : 8 : 75. Eich* Eussell, Tho Danforth, W"' Hathome, Edw-i Tyng, W™ Stoughton, Thomas Clarke. The names of the deputjes y* sat at this Court were, — r\ ^ i\ WHEREAS, notw*''standing the councils former prohibition of all In- dians coming to, or remayning in, the toune of Boston, wee finde that still there remajnes ground of feare that, vnless more effectuall care he taken, wee may be exposed to mischiefe by some of that barbarous crew, or any strangers, not of our nation, by the coming into or residing in the toune of Boston, this Court doeth therefore order, — First. That, from the publication hereof, no person owpersons whateuer, in the sajd toune, shall, vpon any pretence whatsoeuer, entertajne, oune, or countenance any Indian, vnder the poenalty of being a betrayer of this government. Secondly. That there be a guard appointed at the end of the sajd toune, towards Roxbury, to hinder the coming in of any Indian vntill application be first made to the Gouerno', or council, if sitting, and then to be admitted with a guard of two musketeers, and to be remanded backe w"* the the same guard, nor to be suffered to lodge in toune, unless in prison ; provided that, if any Indian or Indians that shall be imployed vpon any message or business shall come vp to the sajd guard, they shall forthuith be conveyed to the Gouerno' or council, & be by him or them disposed of & secured during their ne- cessary stay for the dispatch of their business, and that ^ to be conveyed as aboue sajd. Thirdly. That it shall be lawfuU for any person, finding any Indian in toune without sajd guard, to apf>hend and secure him. THE MASSACHUSETTS BAY IN NEW ENGLAND. 47 Fouerthly That care be taken by the military watch to prevent any from 16 75. coming by water to the sajd tonne, either from Dorchester or Eoxbury Necke, ^'^ — ^1^ ' in cannooes or otherwise, and that there be speciall care taken of places ^^ °°'°''^'- where ammunition is, &6. Fifthly. That order be given to Charls Toune fferry not to land any In- dian at the sajd toune w*out order from the Gouerno'^, & then to be guarded with two musqueteers. Sixthly. That it shall be lawfull for any person, vpon any Indians ap- proaching the sajd toune, either by water or land, without a guard as aboue sajd, to apprehend & secure him. Seventhly. That account be taken of all straingers who are not his majestjes subjects, and that they remajne not in toune vnless security be given for their fidelity, and that none be admitted but vpon the like security, and that no master of any vessell bring in any w^out acquainting the Gouernor therewith, & presenting their persons in order to their examination, who, if vpon their examination can give no good account of their business, and secu- rity for their good behaviour, shall be sent to prison vnless they doe forth with depart. *Eighthly. That it shall not be laufuU for any inhabitant, from the decla- P44.] ration hereof, to enterteyne any stranger in his house, or for tjme to come, till this order be reuersed, w^out leaue granted by authority, vpon the pcenalty of - any fine authority shall see meet to impose ; and the comissioners, & the select- men, and captaines of Boston are ordered & required respectively to haue a speciall care, that this order in the seuerall parts thereof be duely observed and attended. Whereas it is found by experience that troopers & pikemen are of litle Courts procia- vse in the present warr w"* the Indian's, now, for the improovement of them jj i;,^,!;!^!!! ram- to more or better advantage, — '' '"*" Boston. It is ordered by this Court and the authority thereof, that all troopers Troopers to shall forthwith furnish themselues w*i> carbines and amunition proportionable, seiues w* car- and also be Ijable to be impressed by the comittee of militia in the toune J"®^' 3 p's of troop- where they Hue, to serve as foot soldjers during the sajd warr ; prouided ers Uabie to always, that one fourth part of the troopers in each toune be reserved for tounesry liue. the vse of the country as such ; and all pikemen are hereby required forth Pikemen to with to furnish themselues w*^ fire armes, and such a quantity of amunition, ^gj," ^ g^" from time to tjme, as the law requires musketeeres to be furnished w*'', any ""'''■ law, usage, or custome to the contrary notwithstanding. Whereas the great necessity of a speedy supply of fire armes, musketts, and carbjnes is too apparent in this time of warr w*"^ the Indians, — 48 TELE EECOKDS OF THE COLONY OF 167 5. It is ordered by this Court, that a thousand fire armes be accordingly ^' procured w*"^ all convenient expedition for the vse of the country, payment 13 October. , - , A thousand fi thereof to be made out of the publick tresury to such merchants as are agreed armes to be -with for theire procuring thereof by the comittee appointed by this Court for sent for. . • • j i Way of pay- that end, and that the sajd armes shall be proportionably distributed to the ment for them, gguerall tounes of the colony ; and the selectmen of the respective tounes are hereby enabled to rajse moneys to make payment to the Tresurer for their seuerall proportions. Coinittees of Itt is ordered by this Court, that the comittees of militias in the seuerall to garrison tounes throughout this jurisdiction, they or the majo"^ part of them, the cheife tounes to pre- jniUtary officer of the toune being present, shall setle and dispose the seuerall Tent invasion. •' or' r [*45.] inhabitants of theire *respective tounes into such a posture as seuerall exigents appearing call for, & that into one or more garrisons, all persons in the seuerall tounes, vpon pcEnalty of five shillings per day, being heereby obleiged to labour in and prouide such fortiffication or fortiffications as they shall agree vpon ; and all inhabitants to attend their places in such fortiffication or garrison as they are appointed vnto, and in case of alarum or invasion, to appeare at and for the defence of such places as by the comittee they are appointed vnto, and no in- habitant or souldjer to leaue his station vpon any imploy whatsoeuer but according to order from the cheife officer. 2. And that the seuerall smale frontier tounes which are judged not able of themsclues to bear the distress of the warr shall haue theire weomen and children (except so many as are necessary to abide) remooved vnto the next inland tounes, and be there improoved for the best advantage and least charge, vntill further order be taken, and souldjers added to the sajd toune for gar- rison, as shall be judged necessary by this Court or council of the coition- wealth, the sayd seuerall tounes prouiding them w*'' victualls during theire aboad. 3. That the sajd seuerall comittees are hereby ordered particularly to in- spect the seuerall stocks of amunition and armes in their seuerall tounes, and the same to alter, augment, and dispose as they judg meete ; and the comit- tees of militia in the seuerall tounes are hereby authorized to assess vpon all such persons of estate w'Mn their tounes (as are, by the County Courts or comittees of militja, exempted from ordinary traynings) so many fire armes, muskets, or carbjnes, w"' a proportionable stocke of ponder & amuntion, as the sajd coinittees respectively shall, appoint, to be always kept in their hands to be in a readines for the service, vnder the like pcenaltjes as the law prouides for the furniture of euery privat souldjer ; and such armes, from time to time, are to be surveyed and vejwed by the clarks of the trayned bands in the seuerall THE MASSACHUSETTS BAY IN NEW ENGLAND. 49 tounes, who shall, vpon any defect, levy the same fines that the lawe prouides 167 5. for particular company'' ; and all such persons as shall be assessed, and shall ''"^ '^ ' accordingly prouide three fire armes, shall be freed from being sent abroad to the "warrs, except in extreame & utmost necessity. Whereas troopers are exempted from paying head money and rates for their horses, — This Court judgeth it meet to restreine that priuiledge during this pres- Troopers privi ent warr, and doe order, that troopers pay in that case as others doe, (provided ^^ for'^ne^rate troopers haue their priviledge for one rate in the yesfre,) and likewise the annually. Castle souldjers pay their head mony as other men, any law, vsage, or cus- tome to the contrary notw"" standing. *Lawes and ordinances of warr, passed by the Generall Court of the Massa- [*46.J chusets for the better regulating their forces, and keeping theire soul- Millitary lawes. djers to theire duty, & to prevent prophaness, that iniquity may be kept out of the campe. 1. Let no man presume to blaspheme the holy & blessed Trinity, God the Father, God the Son, and God the Holy Ghost, vpon payne to haue his tongue bored w"" a hott iron. 2. Vnlawfull oathes, & execrations, & scandalous acts, in derogation of Gods honour, shall be punished w*'" losse of pay and other punishment, at discretion. 3. All those who often & wilfully absent themselues from the publick worship of God & prayer shall be proceeded against at discretion. 4. Whosoeuer shall be conuicted to doe his duty negligently and care- lessly shall be punished at discretion. 5. No man shall presume to quarrell w*"^ his superiour officers, vpon pajne of casheiring & arbitrary punishment ; nor to strike any such, vpon payne of death. 6. No comander or souldier shall depart from his charge or captaine w^ut license, vpon pajne of death. 7. Euery private souldier, vpon pajne of imprisonment, shall keepe silence when the army is to take lodging, or when it is marching or in bat- tallio, so as the officers may be heard and their coinands executed. 8. No man shall resist, draw, lift, or offer to draw or lift, his weapon against his officer, correcting him orderly, for his deffence, vpon pajne of death. VOL. V. 7 13 October. 50 THE EECOKDS OF THE COLONY OF 1675. 9. No man shall resist the provost marshall or any other officer in the executing of his office, vpon pajne of death. 10. No man shall vtter any words of sedition or mutiny, vpon pajne ^ death. 11. They that shall heare mutinous speeches, and not acquaint their comander w"' them, shall be punished w"" some greivous punishment. 12. Drunkenes in an officer shall be punished w"' losse of place, and in a private souldier w*'' such punishment as a Court Martiall shall thinke fit. [*47.] . *13. Eapes, raurshments, unnaturall abuses, & adultery shall be punished with death. 14. rornlcatlon & other dissolute laciviousness shall be punished w"' dis- cretion, according to the quality of the offence. 15. Theft, robbery, shall be punished w*'' restitution, & otherwise w* discretion. 16. Murder shall be expiated w*'' the death of the murderer. 17. All souldjers coming to theire coulors to watch, or to be exercised, or to service, shall come compleately armed, and them fix', vpon paine of punishment. 18. If any shall negligently loose or sinfully play away theire armes at dice or cards, or other wayes, they shall be kept as pyone^'s or scavingers till they furnish themselues with as good armes. 19. None shall presume to spoyle, sell, or carry away any amunition comltted vnto him, vpon payne of death. 20. No souldier shall outstay his passe w^'out a cirtifficat of the occasion vnder the hand of a magistrate, vpon payne of loosing his pay. By greivous punishment is meant disgraceing, by casheiring, the strap- padoe, or riding the wooden horse to fetch blood. Arbitrary punishment, or punishment at discretion, is m'eant not to ex- tend to hazard life or limbe. Order to regu- For the better regulating those souldiers that are appointed to guard or ^^^ , garrison any particular toune or place, it is ordered by this Court they shall gamson soul- o J r tr ' j j djers. \)Q vnder the coinand and dispose of the chelfe military officer on the place for their improovement, whither as scouts, warding, watching, fortifying of garison places, or remooveing and taking away that which may endainger the peace & safety of the people in the place, excepting only where the majo"^ of the regiment to which they belong, the council, or Generall Court shall other- wise appoint and order. Whereas diucrse persons haue binn impressed for the service of the THE MASSACHUSETTS BAY iN NEW ENGLAND. 51 country, who, wanting armes, haue *bin suppljed & furnished w"" the armes & 167 5. amnition of other inhabitants, by order of the coinittees of militias of the ' 13 October. seuerall tounes, to the end that the sajd armes may be duely returned to the j-j^j _ right ouners, and the country might not be vnduly chardged. It is hereby ordered, that the coinissioners for the warr sliall not passe Order to secure any debenter vpon the single cirtiihcate of his captaine for the tjme of the ^^^^^^ service of any such souldier that hath not been slajne in the warr, w^'out a cirtifhcate from the comittee of the militia of that toune whence such souldier was pressed, that either he went out w"" his oune armes, or hath returned to the right ouner the armes which he was furnished w*. The Court, vnderstanding that the tjme is expired wherein the rate vpon Comittee ab« y TIT x>' 1 customes. goods imported, &6, was farmed, doe order, that M"^ Symon Bradstreet, M' Rich- ard Russell, M"^ Anthony Stoddard, Capt Joshua Hubbard, & Cap? John Richards be a coruittee, and heereby is appointed to treate w"" such persons as shall present about agreeing for the same, who shall make report at the next meeting of the Court what shall be offered or proposed therein. A mill for making of pouder being erected at Vnkety or Dorchester mill. An order for two watchmen \w particcular persons, and is ready now to worke w"' all materials, and there to guard y being danger, in this time of warr, of destruction by fire or otherwise to the jij'jf^n """ ''' sajd mill, w'='^ may be prejudiciall to the publick as well as to pticcular persons, all which this Court considering, doe order, that care be taken for a constant watch there, for preservation of the sajd mill and the greist mill adjoyning therevnto, being of so great concernment to both the tounes of Dorchester & Milton, and that two watchmen be apointed there, one from Dorchester and the other from Milton, for that end. • AVhereas the keeping of Charls Toune ferry is a worke of publicke con- Charis Tounc TJ ■ 1 Q ~ r ferrymen ex- cerne, this Court doeth grant vnto Francis Hudson & John Burridg, ben, ler- p^pted from rymen, that their fower servants imployed to manage two boates be freed from ^ P'"''^'"'- being impressed in the country service, i. e.. Rich* Burton, Robert Trauis, Jn» Buridg, Jun% & John Stride, provided all posts & messengers imployed in publick service passe freely & speedily. It is ordered, that Majo' Clarke forthwith strengthen Mendon garrison, by Major oiarke to strenpthen adding ten more vnto them, and that forthwith. Mendon by *And it is further ordered, that all such persons as hauc already quitted '"^'^" ^^ "'°"'®- r*49 1 their habitations, & doe not forthwith returne, or shall heereafter leaue their ^^J-^^ ^^J,^^_ habitations, licence not being first obteyn'd from the Generall Court or council, bitting prouis- . „ sions transpor- they shall forfeite theire interest in that place for the defraying the charge ot t^tion. the garrison souldjrs. 52 THE RECORDS OP THE COLONY OP Order enabling comittees of militia to pass aeco's & value norses, &c. This done al- readdy. Coiriittee ab' cus tomes. Officers to the troope of horse in Suffolke. The Court, considering the great danger of a famine, or at least a scarslty of bread & other proulsslons, by reason of this warr, if the Lord graciously prevent not, doe hereby strictly prohibitt the exportation of all sorts of pro- ulsslons (except fish & mackerell) out of this jurisdiction, vpon any pretence whatsoeuer, victualling of ships or vessells excepted ; & Cap? James Olliuer & Lef ? Thomas Bratle are appointed by this Court the officers to make search for & seizure of all such provissions as shall be loaden, contrary to this order, for exportation, to be forfeited, one fourth part to the persons seizing, the re- majnder to the vse of the country, prouided the council may give liberty to any person as they see cause, this order to stand in force till the Generall Court or councill shall see cause to revoake it. It is ordered, that the coiiiittee of militia in the seuerall tounes shall heare, determine, & setle the whole accounts of the seuerall tounes respecting all disbursments of armes, ainunition, horses, furniture, provissions, &6, not exceeding three pounds for a horse, & as neare as may be proportioning the accounts of all disbursments, whose bills to the Treasurer or comittee of that affaire shall be payd when the assessments are come in, raised vpon that account. 1$ The Court, vnderstanding that the tjme is expired wherein the the rate vpon goods imported & was farmed, doe order, that M' Bradstreet & M'^ Russell, M'' Stoddard, Capt Hubbard, & Capt Richards be & hereby are appointed a comittee to treat w"" such persons as shall present about agreeing for the same, who shall make report at the next meeting of the Court what shall be ofFred or proposed therein. Cap? Willjam Dauis is appointed to be captaine, & Cornet Thomas Bratle to be leiftennant, Corporall Jacob Elliot for cornet, are appointed to be the coinission officers of the troope in Suffiolke. [*50.] Courts letter to Cap' Aple- Boston, October 23, 1675. *Capt Apleton : — Wee received yours of the 17"^ instant, whereby wee vnderstand the recalling of Majo"^ Treate, w"" the greatest pte of Connecticut men, & the dis- obedience of those that were left behind, w* yow should haue made some of them to vnderstand, by all wee perceive, the order concluded by the coinls- sioners is like to be frustrated, though wee haue to the vtmost attended it on our parts to our great costs, exposeing, hazard, & losse of men. Wee, there- fore, (supposing you well know the order of the coimlssioners, to keepe out fine hundred men in those parts, till recalled by their order, or the agreement of 13 October. THE MASSACHUSETTS BAY IN NEW ENGLAND. 53 the comanders,) doe, for diuers considerations, advize & order yow that, con- 167 5. suiting with your officers, yow prouide for the garrisoning and securing those tounes, and that you prepare the rest to be ready to returne when yow shall receive an order from the Generall Court, or council heere, which yow may shortly expect, vnlesse wee see better reason then yet wee vnderstand. The con- tinuance of such a number as are there so ill provided against the cold, to no more advantage then yet wee see grounds to hope for, wee looke at as an vnsup- portable charge to us, and intollerable burthen to those tounes that will want their provissions before the spring. Besides, other parts call for our assistants. This wee thought good to lett yow vnderstand, to be some guide to your coun- sils & conclusions, which wee coinend to the guidance of the only wise God, to whose grace & ^tection wee coiiiitt yow & those w"" yow, and are, Yo'' loving freinds,, EDW RAWSON, Secre'y. By order of y^ Genii Court. It is ordered, that the majo'" of the regiment of Suifolke for"' put his Order for Suf- whole regiment into a posture of warr, and be imediately together in compleate ^^ t b '' armes, vnder their seuerall captaines, ready to march, and also to order the ="'"'«''. ^^■ coinanders of the troop for Suifolke to gather the troopers together in theire compleate armes, and be ready to march on a moments warning, to prevent such danger as may seem to threaten us ; the like order for Midlesex ; & that Capt Gookin, in the absence of the major, act accordingly there. *For the better security of the county of Dover & Portsmouth, and of [*51.] Yorkshire & the parts adjacent, it is ordered, that there shallbe forth with 0"^^<'' *" ^f^™'" * ^ _ county of Do- forty able men raysed, & sent to Majo' Walderne, to be by him disposed of for uer & Ports- the end aforesajd, and not to be called of w*''out the sajd majo''s consent, or ' else by order of the GefJ'^ Court or council. It is further ordered, that the elghteene souldiers ah-eady sent out of Souidjers vn- Norfolke, and at present vnder the coiiiand of M"^ George Broughton, shall be Broughtons part of this number, and the other twenty two shall be raysed by the majo"^ comand. gene'U out of the county of Essex. It 'is hereby ordered, that the Puncapouge Indians shall haue liberty to Puncapaug In- remoove their stufle and prouissions to the place assigned them by this Court, remoOT-e,"!. ° neare Bralntry & Milton, and they may not be Interrupted in theire passage betweene the sajd places, but be assisted in the conveyance of their goods by .1 T-1 T 1 Ans' to Ste- the English. p^^^ u^^^^,3 In ans' to the petition of Stephen Haskett, the Court judgeth it meete peticon. 54 THE EECORDS OP THE COLONY OP 167 5. to dismisse the peticoner from the service, and order the millitary officers in ^^ ^ Salem to impresse another in his roome. P^ , ^„ * In ans' to the petioon of Thomas "Wheeler, cap?, humbly desiring this to haue ten Courts favour to Order him some part of his pay, for the releife of his present pounds as p' of . . . _ , j /• his pay. necessitjes, the Court judgeth it meet to grant the peticoner ten pounds for his present supply by the country Tresurer. Tenn pounds Whereas Lef ? Thomas Hinchman hath been at great charge in providing Hinchraan ^ ^°^ *'^® ^^^^ °^ certeine souldjers appointed to garrison his house vpon Merre- macke Riuer, where sundry Englishmen, his neighbours, are concerned, which is a very apt place to secure that frontier, and besides, the sajd Hinchman haulng, vpon all occasions, binn very serviceable, and hath expended much time and charge to put in execution sundry orders and directions sent to him from the council, this Court doe order, that the souldiers of that garrison be mainteyned both for diet at the toune of Chelmsfords charge for the tjme to come, and vntill the Court or council take further order ; and further more, [*53.] that tenn pounds be allowed him for his *extraordinary expences and labour out of the country tresury. Uich* Foulers In. ans'' to the peticon of Richard Fouler, condemned by law, humbly pardon. . . « imploring the favo' & mercy of this Court, the Court judgeth it meete to grant the peticoner his life, according to his desire, &d. Order to jmp'ss Whereas in Concord & the tounes adjacent there is a necessity of a for Concord, guunsmith to be resident there, for the fixing vp of armes, from tjme to tjme, du'ring this warr, it is heereby ordered, that Cap? Timothy Wheeler be heereby impowred to impresse an able gunsmith, who is to repaire to Con- cord, who shall carefully and diligently attend that service. . Courts letter S' : to major gen- . neraii. Wee received your letter, dated at Lynn, 23"' instant, and haue perused the particculs inclosed, w"** still present us w*'' sad tj dings (the Lord haue mercy on us) touching the performance of yo"^ promise to Major Pike in your designe to rajse what force you can to resist the ennemys head quarters at Ausebee. Wee approove of it ; only wee presume your intelligence that the ennemy is there is vpon good grounds. Wee cannot give yow particular orders, but leaue the mannagement of this affayre to yo' prudenc & assist- ance of Almighty God, not doubting yo"' care in leaving sufficient strength to secure the frontjer tounes of Norfolke & Essex, least the ennemy should visit them when the fforces are abooard. W*out doubt, if their squawes & papooses, &6, be at Assabee, & God be pleased to deliver them into our hands, it would THE MASSACHUSETTS BAY IN NEW ENGLAND. 55 be much for our interest. As for your personall marcliing, it will be accept- 1675. able, if God inable to psecute it. So comitting yow to God, remajne, ' '' ' -IT- - -I ■(• • 1 13 October. xo' lo: ireinds, EDW° KAWSON, Secret^. By ord' of y° Court. Whereas the Punckepauge Indians haue prepared & neere finished a Major Suffoike good & defFencible fort, & the scittuation of that place being accomoda for the ^^^-^^ Puncke-'' scouring & securing of the southern passages & inletts vpon our plantations, P^"g Indians w^ 20 men to it is ordered & enacted, that, for the better improovement of the Indians & preserv their fort aforesajd, the major of Suffolke shall forthwith appoint out of the touns range y« woods of Dorchester, Milton, & Braintry sixteen or twenty souldjers, well armed, to reside at Punckepauge, vnder the coinand of a meete person, w* souldjers, together w* the Indians of that place, vse all diligence by scouting and rannging in the woods betweene Weymouth & Naticke, to prevent or give intelligence of the approach of the enemy or any strange Indians, and to attend all such instructions & orders as they shall, from time to time, receave from this Court or the council in the pursuance of the ends aforesajd. *This Court, hauing taken into their consideration the great & dayly [*53.] grouing charge of the present warr against the Indians, & the absolute neces- ^^^^ ^""^ 7 sity that there is of a further supply & recruite of armes & amultion for the -p^^^ ^^ ^^^^ seruice of the country, and hauing also pticcularly considered the present *" ^^ P* ™ '> '■^ state & abilitje of the seuerall tounes & plantacbns in this jurisdiction, doe abated, hereby order & enact, that, for the defraying of the charges aboue sajd, there shall be levyed seuen single country rates, and that the single rate of each toune shall be as is herevnder written, three of the sajd rates to be payd at or before the last of Nouember next, & the other fower rates at or before the last of March next ; the prizes of all sorts of corne payd in the sajd rates to be as foUoweth : i. e., wheat at six shillings, rye at fower shilling six penc, barly and pease at fower shillings, Indian at three shillings six penc, oates at two shillings p bushell, and that the sajd leuy be deliuered to the Tresurer w*out charge to the country, and such as make payment in mony to be abated one fouerth part. The seQll tounes proportions. Suff. 613 6 11 Esse 474 10 11 Mds 465 8 6 1553 5 4 56 THE EECORDS OF THE COLONY OF 1675. > — ,— ' 13 October. Boston, Dorchester, Roxbury, Weymouth, Hingham, Dedham, Braintry, Hull, Meadfeild, Milton, Hauerill, Hampton, Salisbury, Exeter, Amesbury, 300>i 00=00 040 00 00 30 00 00 025 9 4 030 00 00 028 3 7 025 00 00 010 00 00 027 11 3 015 00 00 018 00 00 028 00 00 022 00 00 008 08 00 005 15 09 613 06 11 Salem, 100 Lynne, 034 Ipsuich, 070 Neubery, 060 Rouley, 036 Andiver, 020 Marblehead, 018 Glocester, 009 Wenham, 005 Topsfeild, 012 Bradford, 008 Manchester, 002 Beverly, 016 Springfeild, 026 Northampton, 022 Hadley, 018 Redding, 016 474 00 00 00 00 00 00 00 00 00 00 00 00 00 00 09 00 00 00 00 00 13 00 00 00 00 00 05 05 02 10 10 9 09 11 10 11 Charlstoune, 180 00 00 Water Toune, 045 00 00 Cambridge, 042 02 00 Concord, 033 19 10 Sudbury, 020 00 00 Lancaster, Oil 16 00 Wooborne, 025 18 1 Marlborow, 017 13 00 Chelmsford, 014 18 00 Maulden, 015 10 5 Billirica, 014 07 00 Meadford, 005 00 00 Groaten, Oil 10 00 Fremingham, 001 00 00 Westfeild, Oil 16 00 Hattfeild, 008 12 00 Mendham, 006 06 2 465 8 6 Tresurer to is- sue out warr*3 accordingly. Jn" Danforth Icf*, James Kidder ensign, to BiUi erica foot compa. [*54.J Courts order as to hearing of W' Bellingham case. CniTiittee to ex- iiraine 3 Na- ticke Indians & giveanaLCO*. And the Treasurer of the country is hereby required accordingly to issue forth warrants to the constables of the seuerall tonnes, who, together w''' the selectmen of the place, are required to levy the sajd rates vpon the inhabit- ants, that they may be duely payd, as is aboue sajd. It is ordered, that Jonathan Danforth, of Billirrica, be leftennt to the ffoote company there, & James Kydder be ensigne to the sajd company. *The case depending between the ouerseers of the late honored Gofino"^ Bellinghams will & M' Richard Wharton, the Court judgeth it meete the hearing thereof be waved this sessions, & referred to the next Court of Elec- tion, (the publicke afFayres of the country being at present more necessary to be attended,) and the same to be heard the 3* day of the second weeke of the sajd sessions, & the partjes convened to haue legall warning for their appear- ance accordingly. Vpon information given to this Court of three Indians of Naticke that are seperated from the rest of the Indians there, and now resyding w"" Henry Lealands, of Sherburne, w"'drawing themselues as suspecting those Indians to haue some designe against the English, the Court doeth order & heereby appoint M"^ Willjam Avery, Ensigne Thomas Fuller, & Sejjant Ellis, forthwith to convent the sajd three Indians before them, & strictly to examine them as to THE MASSACHUSETTS BAY IN NEW ENGLAND. 57 what they know in y'-matter, and miike speedy returne to this Court or coun- 1675. sil of what they finde therein. ' f- — ' It is ordered, that all the Naticke Indians be forthwith sent for, & dis- Natick ildu' posed of to Deare Island, as the place appointed for their present aboade. ^"^ ""'^'^ *° . Deare Island. It IS ordered, that there be two men appointed by the majo'' gen", or, in 2 men appoint- his absence, by the cheife coinander in the tonne of Ipsuich during; this «'i*°^ea ° guard to y» dangerous waxr, to be a guard to the Deputy GoQno''s house, that is so remoate Dep' Goflnors from neighbours, & he so much necessitated to be on the countrys service. This Court, being informed of the care & paynes of the EeQend M' Coffiittee to re- Vrjan Oakes, praesidant of Harvard CoUedge, in carrying on that worke at the denTthe^'^^'" former motion & request of this Court, doe order thankes be returned to the Courts thanks, &£. sajd praesident in that respect, and that he be desired by this Court to continue his labours as praesident of the sajd colledge, which hath binn, by the blessing of God, of so great advantage, Majo'' Genii Denison, Cap? Jn° Richards, Capt Lawrenc Hamond, & M' Dudley being chosen for the ends aboue exprest. Whereas the Waymesitt Indians are vehemently suspected to be actors & Waymesitt In- consentors to the burning of a haystacke at Chelmsford, this Court judgeth it jjg^rd meet that such Englishmen as cann inform or give euidence in the case be forth with sent for, and *also those Indians now at Charls Toune, and the [*55.j case to be heard by this Court, then & there to consider & conclude what w"" the sajd Indians. Vpon the sad intelligenc from Saco, & the great danger of all those Order to send parts, it is ordered, that there be 50 souldiers imediately from Boston & eastern parts. Charls Toune sent away in some vessel or vessells for the releife of those parts, & that they be vnder the comand of Leiftenn' Scottaway, and that Ma- jo' Clarke take care that this order be effected as to the dispatch of the men, & furnishing amnition & prouission for the voyage. Capt James Olluer & M' Thomas Bratle hauing lately seized eight bar- Order for Cap' rolls of pouder w"'' was exporting out of this jurisdiction, & craving that they g^^^^jg ^^ ^^ may haue the one half of the said pouder so seized, according to the lawe, w"'' searchers for •' J i ^ ponder, &c. the Court judgeth ^t meet to allow them ; and doe ffurther order, that they, the sajd James OUiuer & Thomas Bratle, shall and hereby are impowred from time to tjme, & either of them, to search all persons & vessells that are, or any way shall be, suspitious to them to be breakers of the sajd law, & they to haue the benefitt arising by seizure of any pouder ; and also that they be vn- der an oath for the faithfuU pformance of their dutjes herein. All English people must take notice that Willjam Nahauton & John Liberty grant- , ed to W» Aha- Hunter haue hberty granted to passe & repasse betweene Tuncapaug & the ton &Jn» Hun- place assigned to them neere Joseph Belchars, for the conveiance of theire '^'^• VOL. V. 8 13 October. 58 THE KECORDS OF THE COLONY OF 1675. goods, and all the English are required not to molest them, or any in theire travailes betweene the sajd places, but to be helpful! & assistant to them in this theire ordered remoove, prouided it be w'^n one ■weekes time they so remoove. Major Gen" to It is ordered, that the majo' generall forthwith take order to secure the ans at "Wame- Indians at Wamesicke, & about Chelmsford. ^"'''®" Vpon the Courts hearing the euidences produced against W™ Haukins, W" Hawkins, Indian, to be Indian, as to the firing the haystacke at Chelmsford, sentenct him to be sent sold & sent l. il, rri ^^^ away by the ireasurer. Mannapaugh Two Indians, one an old man named Mannapaugh, & Mannanesit, a be sent away. y°^i^g man, his sonn, pretending themselues to belong to Vncas, being found at Chelmsford, where the haystacke was fired, giving no reason of their coming & staying here, was judged to be spyes, and ordered to be sent away by the Treasurer. Ans' to War- In answer to the petition of Samuel Warner & Thomas Parsons, the petiCo. for pay- ^^^^^ j^^g^^^ it meete to allow Sam Warner eight pounds for two oxen, & m« for catle. fg^y pounds for Other catle, in all twelve pounds, & Thomas Parsons to be allowed for his catle, to be pajd by the County Treasurer. This Court is adjourned to y^ 3* of November, at one of the clocke. [Page *56 and a part of page *57 of the original are blank.] [*57.] *^tt an Mjonrment of the Genii Court of October, held at Boston, 3 November. ^f^^ gi ^y JYovember, 1675. Present, Jn° Leueret, Esq>, GoQ, Sam Symonds, Es^, Dep' GoQ. Symon Bradstreet, Daniel Gookin, Daniel Denisson, Richard Russell, Tho Danforth, • Esffis. W™ Hathorne, Edwd Tyng, W" Stoughton, Tho Clarke, The deputys were y» same at y' Court as at y» last. THE MASSACHUSETTS BAY IN NEW ENGLAND. 59 WHEREAS tlie most wise & holy God, for seuerall yeares past, hath not 1675. only -warned us by his word, but chastized us w* his rods, inflicting ' '< ' vpon vs many generall (though lesser) judgments, but we haue neither heard p^ ^°^;™^"" the word nor rod as wee ought, so as to be eflTectually humbled for our sinns to evilis. repent of them, reforme, and amend our wayes ; hence it is the righteous God hath heightened our calamjty, and given coinission to the barbarous heathen to rise vp against us, and to become a smart rod and seuere scourge to us, in burning & depopulating seuerall hopefuU plantations, murdering many of our people of all sorts, and seeming as it were to cast us off, and putting us to shame, and not going forth w"i our armjes, heereby speaking aloud to us to search and try our wayes, and turne againe vnto the Lord our God, from whom wee have departed with a great backsliding. 1. The Court, ap^hending there is too great a neglect of discipline in Care of children the churches, and especially respecting those that are their children, through commended the non acknowledgment of them according to the order of the gospell ; in 5" ^^*^'^- watching ouer them, as well as chattechising of them, inquireing into theire spirittuall estates, that, being brought to take hold of the couenant, they may acknouledge & be acknouledged according to theire relations to God & to his church, and theire obligations to be the Lords, and to approove themselues so to be by a suiteable profession & conuersation ; and doe therefore solemnly recomend it vnto the respective elders and brethren of the seuerall churches throughout this jurisdiction to take effectuall course for reformation herein. *2. Whereas there is manifest pride openly appearing amongst us in that [*58.] long haire, like weomens haire, is worne by some men, either their oune or ^°^''^^ ^^''^ ° ' ' ■' _ of the ill cus- others haire made into perewiggs, and by some weomen wearing borders of tome of long hajre, and theire cutting, curling, & iinodest laying out theire haire, which uigs.'&s. practise doeth prevayle & increase, especially amongst the younger sort, — This Court doeth declare against this ill custome as offenciue to them, and diuers sober christians amongst us, and therefore doe hereby exhort and advise all persons to vse moderation in this respect ; and further, doe im- power all grand jurjes to present to the County Court such persons, whither male or female, whom they shall judge to exceede in the premisses ; and the County Courts are hereby authorized to proceed against such delinquents either by admonition, fine, or correction, according to theire good discretion. 3. Notw"^standing the wholesome lawes already made by this Court for Excesse in ap- Pcirell. restreyning excesse in apparrell, yet through corruption in many, and neglect of due execution of those lawes, the euill of pride in apparrell, both for cost- Ijnes in the poorer sort, & vajne, new, strainge fashions, both in poore & rich, w"* naked breasts and armes, or, as it were, pinioned w"* the addition of 3 NoTember. 60 THE RECORDS OF THE COLONY OF 1675. superstitious ribbons both on hajre & apparrellj for redresse whereof, it is or- dered by this Court, that the County Courts, from time to time, doe giue strict charge to present all such persons as they shall judge to exceede in that kinde, and if the grand jury shall neglect theire duty herein, the County Court shall impose a fine vpon them at their discretion. And it is further ordered, that the County Court, single magistrate, Coinissioners Court in Boston, haue heereby power to sumon all such persons so offending before them, and for the first offence to admonish them, and for each ofience of that kinde afterwards to impose a fine of tenn shillings vpon them, or, if vnable to pay, to inflict such punishment as shall be by them thought most suiteable to the nature of the ofience ; and the same judges aboue named are heereby impowred to judge of and execute the lawes already extant against such excesse. Poenalty for Whereas it may be found amongst us, that mens thresholds are sett vp ines 5". ^7 Grods thresholds, and mans posts besides Gods posts, espeacially in the open meetings of Quakers, whose damnable hseresies, abominable idolatrys, are [*59.] hereby promoted, embraced, and practised, to the scandall *of religion, hazard of souls, and provocation of divine jealousie against this people, for prevention & reformation whereof, it is ordered by this Court and the authority thereof, that euery person found at a Quakers meeting shall be ap^hended, ex officio, by the constable, and by warrant from a magistrate or coinissioner shall be comitted to the house of correction, and there to haue the discipline of the house applied to them, and to be kept to worke, w"" bread & water, for three days, and then released, or else shall pay fine pounds in money as a fine to the county for such offence ; and all constables neglecting their duty in not faithfully executing this order shall incurr the pcenalty of four pounds, vpon conviction, one third whereof to the informer. Penalty for im- And touching the law of importation of Quakers, that it may be more Quake™20". Strictly executed, and none transgressing to escape punishment, — It is heereby ordered, that the penalty to that law averred be in no case abated to lesse than twenty pounds. To prevent 5. Whereas there is so mutch profanes amongst us in persons turning their meeting-house^ backs vpon the publick worship before it be finished and the blessing pro- nounced, — It is ordered by this Court, that the officers of the churches, or select- men, shall take care to prevent such disorders, by appointing persons to shutt the meeting house doores, or any other meete way to attajne the end. 6. Whereas there is much disorder & rudenes in youth in many congre- gations in time of the worship of God, whereby sin & prophaness is greately increased, for reformation whereof, — THE MASSACHUSETTS BAY IN NEW ENGLAND, 61 It is ordered by this Court, that the select men doe appoint such place or 167 5. places in the meeting house for children or youth to sit in where they may be " 1 most together and in publick vejvv, and that the officers of the churches, or select- ^ ^'""'"''"''• Youth to be men, doe appoint some graue & sober person or persons to take a particcular watcht oO in y care of and inspection ouer them, who are heereby required to present a list of T,"^ '°g ""^e. •> ^ r If rude there, the names of such, who, by their oune observance or the information of others, *" ^« admon- shallbe found delinquent, to the next magistrate or Court, who are impowred whipt^&e for the first offence to admonish them, for the second offence to impose a fine of fiue shillings on theire parents or gouernno^'s, or order the children to be whipt, and if incorrigible, to be whipt w* ten stripes, or sent to the house of correction for three dayes. *7. Whereas the name of God is prophaned by coinon swearing and [*60.] cursing in ordinary coiiiunication, which is a sin that growes amongst us, and To prevent many heare such oathes and curses, and conceales the same from authority, for curses. reformation whereof, it is ordered by this Court, that the lawes already in force against this sin be vigorously prosecuted ; and, as addition therevnto, it is further ordered, that all such persons who shall at any time heare prophane oathes and curses spoken by any person or persons, and shall neglect to dis- close the same to some magistrate, coinissioner, or constable, such persons shall incurr the same pcsnalty prouided in that law against swearers. 8. Whereas the shamefuU and scandelous sin of excessive drinking, tipling, & company keeping in tavernes, &d, ordinarys, grows vpon us, for reformation whereof, — It is comended to the care of the respective County Courts not to license Order to pre- any more publick houses then are absolutely necessary in any toune, and to ^™ *'^ '"5 '" *' ■'■ */ J J ^ ordmarys by take care that none be licenst but persons of approoved sobriety and fidelity to toune dwellers on poBnalty 5\ law and good order ; and that licensed houses be regulated in theire improove- ment for the refreshing & enteinment of travajlers & strangers only, and all toune dwellers are heereby strictly enjoyned & required to forbeare spending their time or estates in such comon houses of enterteynment, to drincke & tiple, vpon poenalty of fiue shillings for euery offence, or, if poore, to be whipt, at the discretion of the judge, not exceeding fiue stripes ; and euery ordinary Like pcenaity keeper, permitting persons to transgress as aboue sajd, shall incurr the pcenaity ™j^" eepersy of fiue shillings for each offence in that kinde ; and any magistrate, coiiiis- I'lg- sioner, or selectmen are impowred & required vigorously to putt the aboue- sajd law in execution. And, ffurther, it is ordered, that all private, unlicensed houses of enter- inspectors of teinment be diKgently searched out, and the poenalty of this law strictly observed. imposed ; and that all such houses may be the better discouered, the select- 62 THE RECORDS OF THE COLONY OF 1675. men of euery toune shall choose some sober and discreete persons, to be ^' authorized from the County Court, each of whom shall take the charge of ten 3 In ovGimbcr or twelue familjes of his neighbourhood, and shall diligently inspect them, and ipsent the names of such persons so transgressing to the magistrate, coinis- sioners, or selectmen of the toune, who shall returne the same to be proceeded w"* by the next County Court as the law directs ; and the persons so chosen [*61.] and authorized, and attending theire duty *ffaithfully therein, shall haue one third of the fines allowed them ; but, if neglect of their duty, and shall be so judged by authority, they shall incurr the same poenalty provided against vnlicensed houses. Courts fear of 9. Whereas there is a wofuU breach of the fifth comandment to be found the breach of y« . » , . . ., . . . „ , , • n 6 com'i"''. amongst us, in contempt oi authority, civil, ecclesiasticall, and domesticall, this Court doeth declare, that sin is highly provoaking to the Lord, aginst which he hath borne seuere testimony in his word, especially in that remarke- able judgments vpon Chorah and his company, and therefore doe strictly req^uire & comand all persons vnder this goQment to reforme so great an evil, least God from heauen punish ofienders heerin by some remarkeable judg- W" poenaltys ments. And it is further ordered, that all County Courts, magistrates, comis- non°observer'° ^i^'^'^^j selectmen, and grand juro''s, according to theire seuerall capacities, thereof, &c. ,Joe take strict care that the lawes already made & provided in this case be duely executed, and particcularly that evil of inferiours absenting themselues out of the familjes wherevnto they belong in the night, and meeting with corrupt company w*''out leaue, and against the minde & to the great greife of theire superiours, which euil practise is of a very perrillous nature, and the roote of much disorder. It is therefore ordered by this Court, that whateuer inferiour shallbe legally convicted of such an euil practise, such persons shall be punished w''' admonition for the first offence, w"" fine not exceeding ten shillings, or whip- ping not exceeding fiue stripes, for all offences of like nature afterwards. Order to pre- 10. Whereas the sin of idlenes (w'"' is a sin of Sodom) doeth greatly idleness increase, notw^istanding the wholesome lawes in force ag* the same, as an ad- dition to that law, — This Court doeth order, that the constable, w*'' such other person or per- sons whom the selectmen shall appoint, shall inspect particcular familjes, and present a lyst of the names of all idle persons to the selectmen, who are heereby strictly required to proceed w"' them as already the law directs, and in case of obstinacy, by charging the constable w* them, who shall convey them to some magistrate, by him to be coinitted to the house of correction. 11. Whereas there is oppression in the midst of us, not only by such THE MASSACHUSETTS BAY IN NEW ENGLAND. 63 shopkeepers and merchants who set excessive prizes on their goods, also by 1675. mechanicks but also by mechanicks and day labourers, who are dayly guilty ""■ '^ ' of that euill, for redress whereoff, & as an adition to y' law, title Oppression, q^.^^^ provid- itt is ordered by this Court, that any person that judgeth himself oppressed ^"R double res- titution to be by shopkeepers or merchants in setting *excessive prizes on their goods, haue \*rq t heereby liberty to make theire complaint to the grand juro's, or otherwise by made to y op- petition to the County Court iinediately, who shall send to the person accused, P""^^^*"^ ^^ •^ •' •' '^ shopkeep's, and if the Court, vpon examination, judge the person complayning injuried, merch's, or day they shall cause the ofFendo'' to returne double the ouerplus, or more then the sequall price, to the injured person, and also impose a fine on the offendo''s at the discretion of the Court ; and if any person judge himself oppressed by mechanicks or day labourers, they may make complaint thereof to the select- men of the toune, who if vpon the examination doe find such complaint just, hauing respect to the quality of the pay, and the length or shortnes of y= day labour, they shall cause the ofiendor to make double restitution to the party injarjed, and pay a fine of double the value exceeding the due price. 12. Whereas there is a loose & sinfull custome of going or riding from Order to pre- . , , vent misspent toune to toune, and that oit times men & weomen together, vpon pretence oi ^j ^j^g ;„ jj^t. ffoing to . lecture, but it appeares to be meerely to drincke & reuell in ordi- °"^ "ding o a ' ri: J abroad m com- narys & tavernes, which is in itself scandalous, and it is to be feared a notable panjs, &c. meanes to debauch our youth and hazard the chastity of such as are draune forth therevnto, for prevention whereof, — • It is ordered by this Court, that all single persons who, meerly for their On penalty of pleasure, take such journey es, & fi-equent such ordinaryes, shall be reputed and haviour. accounted riotous & unsober persons, and of ill behauiour, and shall be Ijable to be sumoned to appeare before any County Court, magistrate, or comissioner, & being thereof convicted, shall give bond & sufficjent suretjes for the good behaviour in twenty pounds, and vpon refusall so to doe, shall be comitted to prison for ten days, or pay a fine of forty shillings for each oflfence. It is ordered by this Court, that euery toune in this jurisdiction shall Order reguiat- prouide, as an addition to their toune stocke of amuntion, sixe hundred of t"^pro„ide " flints for one hundred of lysted souldjers, and so proportionably for a lesser fi'°'s- or greater number, to be constantly mainteyned & fitted for publick service. 14. This Court, considering the great abuse & scandall that hath arisen by the license of trading houses w"' the Indians, whereby drunkenes and other crimes haue binn, as it were, sold vnto them, — It is ordered by this Court, that all such trading houses, from the publi- Tradinghouaes M. T , w* the Indians cation hereof, shall wholly cease, and none to presume *to make any sale vnto to cease, them, except in open shops and tounes where goods are sold vnto the English, [*63.j 3 November. 64 THE RECORDS OF THE COLONY OP 167 5. vpon the poenalty of ten pounds for euery conviction before laufuU authority, one third to the informers, the remainder to the country, any law, vsage, or custome to the conrary not'w"'standing. 2 watchmen to This Court, hauing ordered two watchmen from Dorchester and Milton mill. t*^ watch at Dorchester mill, and vnderstanding the yndertakers of the ponder mill, for better defFence thereof, are errecting a smale stone watch house at their oune charges, on theire request, as being of publicke concernment, this Anytwomagis- Couxt declares, that the vndertakers of the pouder mill may repaire to any one trates may im- . i i i i • i • • i press for pub> niajestrate, who, by the law, are impowred to give warrant to impresse work- wor s. men to carry on publick works, of w"'' sort this is. Order for re- This Court, considering the inconvenience & damage that may arise to tressed particcular tounes by such as, being forced from theire habitations through the present calamity of the warr, doe repajre vnto them for succour, doe order and declare, that such persons (being inhabitants of this jurisdiction) who are so forced from theire habitations & repaire to other plantations for releife, shall not, by virtue of theire residenc in sajd plantations they repaire vnto, be ac- counted or reputed inhabitants thereof, or imposed on them, according to law, title Poore ; but in such case, and where necessity requires, (by reason of in- ability of relations, &6,) they shall be suppljed out of the publicke treasuiy ; and that the selectmen of each toune inspect this matter ; and doe likeuise carefully prouide, that such men or weomen may be so imployed, and children disposed of, that, as much as may be, publick charge may be avoyed. No Indians to Whereas this Court haue, for weighty reasons, placed sundry Indians ands^where^ " C*-^^* haue subjected to our goilm*) vpon some islands for their and our piact w'lout security, — leaue on paine of death. It is ordered, that none of the sajd Indians shall presume to goe off the sajd islands voluntarily, vpon pajne of death ; and it shallbe laufull for the English to destroy those that they shall finde stragling off from the sajd places of theire confinement, vnlesse taken of by order from authorjty, and vnder an Lyke pranaity English guard. And it is further ordered, that if any person or persons shall for such as ^ take or carry presume to take, steale, or carry away either man, woeman, or child of the w'W leauT^ ^^J^ Indians, off from any the sajd islands where they are placed, w'l'out order from the Generall Court or council, he or they shall be accounted breakers of the capitall law printed & published against man steahng ; and this order to be forthuith posted and published. Tresurer to The whole Court being mett, it is ordered, that the country Tresurer ^vide <■«>• y" I"- take care for y° provission of those Indians that are sent doune to Deare Island. Island, so as to ^vent their perishing by any extremity that they may be put vnto for want of absolute necessaries, and for that end he is to appoint meet psons to vissit them from time to time. 3 November. [*64.] THE MASSACHUSETTS BAY IN NEW ENGLAND. 65 *The council, hauing ordered the select men in each toune to impresse 16 75. men to help in the corne of such' men that are impressed and absent from home, in the country service, but having fixed no rate how much per day shallbe allowed such labourers, — This Court doeth order, they shall be allowed one shilling sixe pence per 18« p' day ai- day in pay, as the country rate is payd, prouided it appeare they haue donn a ^^ ,vrousht for sufficient dayes worke. y° souldjers. This Court, considering the present state of affaires amongst us, in Wheat & flow- respecting the Indian warr, and what hinderance the same may be to the ^^portaSon raysing suppljes of prouissions amongst ourselues, — ^^> suspended. Judge meete that the law prohibbitting importation of wheat, bisket, & flower, page 106, be suspended as to the particculars aboue mentioned, untill this Court take further order. It is ordered by this Court, that the officers & servants of the colledge, CoUedge offi- or of any Court that are by law or custom exempted in their persons or ^.^^^^ ^^ J estates from publick services and country rates, shallbe liable to be rated in in ''"^■ the levy made for the payment of debts for the present warr, and to serve in their oune persons, as their neighbours doe, in the toune where they dwell, pro- uided the corporation of the colledge be excepted ; and, likewise, that what is heereby advaunced to the countrey rate, care may be taken that it comes into the publick treasury, and not to the particcular toune advantage where such persons dwell. This Court, considering the great dainger of a famine, or at least a .^ scarsity of bread and other prouissions, by reason of this warr, if the Lord prouiLfons" ° gratiously prevent not, — j>hibbited on Doe hereby strictly prohibit the exportation of all sorts of prouissions, (except fish & mackerell,) out of this jurisdiction vpon any pretence whatso- euer, (victualling of ships or vessells excepted,) and Captaine James Olliuer Cap' oiua & and Leiueteniit Thomas Bratle are appointed by this Court to inspect the same, ;„spggt y, „,. and to make seizure of all such prouissions as shall be loaden contrary to this ^^''■ order for exportation, to be forfeited, one fowerth part to the persons seizing, the remainder to the vse of the country ; & this order to stand in force till the Generall Court or council shall see just cause to revoake it, prouided the council may giue liberty to any person if they see cause. It is ordered, that all such persons that haue already quitted their habi- Inhabitants of tations at Mendon, & doe not forthwith returne, or shall heereafter leaue theire q„itt t^eir habitations, licence not being first obteyned from the Generall Court or coun- ''^^"^j^™' *"' cil, they shall forfeite their interest in that place to the country for the defray- ing of the chai-ge of the garrison souldiers. VOL. V. 9 66 THE RECORDS OF THE COLONY OF 167 5. *It is ordered, that the comittees of militia in the seuerall tounes shall heare, determine, & settle the whole accounts of the seuerall tounes respecting all disbursments of armes, aminition, horses, furniture, prouissions, &6, not exceeding three pounds for a horse, and as neare as may be proportioning the 3 November. [*65.] Accom*sfordis- bursm'" of accounts of disbursments, whose bills to the Treasurer or coinittee of that affayre iirmss horsGS &c, to'be setie'd shall be payd when the assessments are come in, raysed vpon that account, by comittee of ji^j. prevention of the charge and trouble of transportation of the rates militia in eacli toune. to be levyed to the Tresurer of the country, as also matter of conveniency Prevention of ^j^g^.^j^ appearing,— cnarg on trans- ^'^ ° portation of It is ordered, that bills for wages, horses, prouissions, &6, being regularly rates, &c. i m i t • /■ passed to the sajd Treasurer, the Treasurer, vppon the desire of persons con- cerned, shall repasse bills to the constables of such tounes where sums are due vpon the aforesajd accounts. Order for se- Forasmuch as the preservation of the grajne, both Indian & English, in curing of the i-i ■ i- • i ^ ■ • <• -ii- • ■\ grayne that is this colony IS 01 great necessity, and the scittuation ot our inhabitants in the anned. seuerall tounes being in so scattering and remote a condition as that there can be no security from the ennemy of the grajne inned in the barnes of the seuerall inhabitants, — It is ordered by this Court, that there be effectuall care forthw'^ taken by the seuerall militias and selectmen of the tounes for the securing the sajd grajne, by remooving it w'l'in the comand of the garrison or garrisons of the respective tounes, so as that the ennemy may not be able at pleasure to de- stroy it, or furnish themselues with it. Ans' to Eoads, Whereas John Roads, Peeter Grants & Randolph Judson, condemned peticon' their Kialefacto^'s, now in prison, haue petitioned this Court for pardon of their lines granted lives, & formerly for exchange of sentence, the Court, hauing considered their in case, &c. peticbns, and duely weighing their notorious crimes, cannot consent to pardon their Hues, vnlesse they willingly, and of theire oune ^ , and procure some • person or persons that shall give sufficient security to pay their prison charges, & to export them out of the country to some of the English plantations, & there to serve seven yeares, and not to returne to this jurisdiction, vpon pajnc of death, w"'out license from this Court or the council, or otheruise warrant to issue forth by the secretary for theire execution by the last of December next. Y«Naragans" This Court, Considering the feyleur of the Narrigansets in performing eTded to y» ^^^^^ couenants, as also the representation made by Cap? Apleton of the slow comis' of y° y p^ogresse made against the ennemy at Hadley, occasioned bv the non attend- colonjes for an _ •' ■' •' expedient, &o. ance of our freinds of Connecticott to the orders of the comissioners, & the expectation of this Court, doe therefore comend the g'misses to the present THE MASSACHUSETTS BAY IN NEW ENGLAND 67 consideration of the coinissioners of the colonjes, that they forthwith provide, 167 5. or at least propose, some meet & suiteable expedient to prevent the mlschefe ^^ '^ 3 November. that ensue vpon such miscarriages & neglect. *Wee, the coiuittee of the Generall- Court, mett at Salem, hauing given [*66.] free & publicke liberty for each party to expresse themselues in the matters of June 10, 1675. their ^sent differences vnto a full hearing of the case comitted to us, cannot ^ ' but first manifest our deepe & sorrowful! sence of the sinfuU causes, sad con- comitants, & fruites of that vnbrotherly distance of affection & spirrit of con- tention which hath binn too long prevayling in the church & inhabitants heere. More especially wee haue observed, to our great grelfe, how much advantage Sathan is getting by those strainge & sinfuU annimositjes, & highly reflecting, provoaking carriages & expressions that haue passed betweene those who are cheife in this place, whose disvnion in no wise consist with the flourishing & much to be desired efficacy & beauty of civell & sacred ordenances amongst this people, all w'^'^ wee doe solemnly beare our testimony against. And that wee may further attend the errand about which wee are sent, and in some measure (as God shall be pleased to give successe) atteyne the great end aymed at by the honored Court, wee declare and advize as foUow- eth : — 1'*. Wee declare the course & way that hath been attended in the calling and Setling of M' Nicholet as a preacher, by a promiscuous vote of the toune, is very irregular, expressly contrary to the knouiie wholesome lawes of this jurisdiction, & of a very daingerous tendency & influence as to the state & order of the churches here established, and alike irregular & of evill conse- quence, wee declare the generall voting of such inhabitants in toune affaires, who are not expressly qualified so to vote by law. As an expedient for the recouery & setlement of the peace & order of Their counsel! this place, wee advise & direct they do seriously endeavor a mutuall agree- heaiiing of y ment to walke together in love, and to that end that the whole church and g'J^^"""^ *' toune meete together in a day of publicke humilliation, to be sett apart to that end, and that the worke of the day be carried on by the reuerend pastor, M'' Higginson, & M"' Nicholett, that the whole assembly may humble them- selves before God for past irregularitjes, & seeke reconciliation w"^ him and one w* another ; and so the worke of publike preaching for the future to be carried on joyntly by M' Higginson & M"^ Nicholett, as before, that so the whole people maybe in a way of mutual accord ; and when there shallbe need of issuing forth into another congregation, so weighty a worke may be 68 THE RECORDS OF THE COLONY OF 3 November. 1 G 7 5. donn w*'' mutuall love & sattlsfaction, and according to the rules of Gods wordj & the lawes here established. Signed, JOHN LEUERET, Gov^ SAMUEL SYMONDS, Dep' GoQ, EDWARD TYNG, WILLJAM STOUGHTON, JOHN RICHARDS, PETER BULKELEY, HUGH MASON, JOSEPH DUDLEY, DANIEL FISHER, JOHN WAJTES. Nov: 3, 1675. The Court approoves of this returne of the comittee, and gives the comit- tee hearty thankes for theire paines, and advise the partjes concerned to attend the councel therein given. As attest EfiW: RAWSON, Secret [*67.] Ans' to Cap' Corwins peti- con. Hasket sen- tenct to make acknowledgn* as to Cap* Cor- wins vindica- tio. & fined 50" to ye country. Wannalausets 2 Indians in statu quo. *In ans'' to the peticon of Cap? George Corwin, the Court ordered a hear- ing of the case therein mentioned. The partjes appearing before the Court, Cap? Corwin & Stephen Haskett, The Court, considering the high reflection & scurrilous imputations cast vpon Cap? Georg Corwin, joyned with notorious scandall raysed vpon sajd Court, & contemptuous expressions relateing to the majo"" gen.ll, doe adjudge the sajd Haskett, vpon some lecture day at Salem, at the appointment of the comittee of militia there, & to their sattisfaction, to make an acknouledgment in the vindication of the sajd Captaine Corwin, and also to pay, as a fine to the country, the summe of fiuety pounds, and that he stands comitted till the sajd fine be dischardged, or security given for the payment thereof. Whereas two Indians, that came in from Wannalauset, vpon a safe con- duct from the council, haue, through some mistake, been sentenced by this Court to be sold, which now appearing, it is ordered, that the sajd sentence be reversed, & that they be otherwise disposed of for their oune and the countrys security. The names of the Indians are Monnipaugh & Mannassett. And although the sajd persons should be sold, yet the keeper shall not deliuet them uithout order of this Court or council. THE MASSACHUSETTS BAY IN NEW ENGLAND. 69 It is ordered, that Richard Norman be ensigne to the ffoote company at 1 G 7 5. Marblehead. ' y ' 111 answer to the humble petition of Stephen Hasket, humbly desiring j^j^j^a Norma the favor of this Court to remitt or abate his fine, the Court judgeth it meet ®°^^sn to foot 1 • j5 compa. at Mar to abate his fine to twenty pounds. biehead. It is ordered, that the majo' of SufFolke forthwith order out of his regi- Major of Suf- ment eighteen able souldjers, well fitted, armed, & furnished with amnition & forth 18 soul- provision for ten dayes, to be sent away w"" all speed, vnder the conduct of ^'""'^ *° search out the enne- a fitt person to make a leiftennt, and these souldjers are to recruit Capt Hindi- my- mans company, & search out for the ennemy about Hassanemesit. It is ordered, that the County Court of Suffolke be adjournd till the County Court X ..1.1 . r>/-itv, • - "f SufFoiks ad- morrow lortmght, being 22'° mst. iovr"'. The whole Court mett together voted, that the choyce of the comissioners Josiah Wins- of the Vnited Colonjes of Josiali Winslow, Es^, GoQn'^ of Plymouth, to be of^Piimo'uth " generall & comander in cheif of all the forces raysed by all the colonjes s^"-" "^ "-^^ > ° vnited forces. against this treacherous & coiiion ennemy of the Indians, is very acceptable & 12 No. gratefuU to them, and that lie haue notice given him accordingly of this Courts '^° s°^ f'"* i" acceptance of him to y' service. Capt Hubard, Capt Olliuer, Capt Isa Johnson, Capt Na"^ Davenport, The6captaines in v^ service Capt Joseph Gardiner, for the ffoote, & Capt Tho Prentice for the troope of cap'Moseiy' horse, are appointed to be the captaines to be imployed in y^ service. mstecd of Cap< *The Court wrote & sent a letter to Capt Hinchman, & is on file. r*68 1 A day of solemn humlUiation appointed & sett apart by y° Court, to be 12 Nov. on 2^ of December next, for the imploring Gods speciall grace & favor to ap- ^""'^f"',' *° peare for his poore people, &d. "Vide file. It is ordered, that Cap? Scyll, w''' his company, take recruit at Marlborow, fj^^of'^umUit & forthuith march to Hassanemesit, & endeavor to joyne w"* Cap? Hinchman atton- Sent to y« presse. to pursue the ennemy, w* wee heare lirketh thereabouts, & hath lately re- ^^^^ scyi polled some of Capt Hinchmans men at Hassanemesit, & slayne his leiftennt imediateiy to '^ _ march & joyno & one English man more ; and after Cap? ScyUs conjunction w"^ Cap? Hinch- ■w"'Cap' Hinch- man, he & his company shallbe at the comand of Cap? Hinchman, as comander in cheife of that party, & that a coppy of this order be imediateiy posted away to Cap? Scyll. It is ordered, that the comittee for the warr forthuith send to Cap? Hinch- Prouissions or man at Mendon a supply of those necessarys for his souldjers that he writes Hinchman. for, w* y* secritary is to transcribe out of his letter, & deliuer the coinittee. In ans' to the petition of Majo' Symon Willard, or his narrative, the Maj' "Wiilards Court, in consideration of his service therein expressed, doe grant him tenn ign. pounds as a recompence for the same. THE EECORDS OF THE COLONY OP It is ordered by this Court, that M"^ Anthony Stoddard shall deliuer vnto Cap? Joshua Hubbard two carbjneSj or two such other gunns as he shall 12 November. ,■ i/. .,,. • ,. choose, out of the country stocke of armes, m order to his preparation for this expedition, for himself & leiuet™- Es^s 1675-6. *-Att a Special Generall Court, called hy the Gouno'', 8f held at Boston, """"''^^ 21"^ February, 1675. 21 February. ^' L ""•] Peesent, Jn° Leueret, Es^, Gou, Sam Symonds, Dap' Go. Symon Bradstreet, Daniel Gookin, Daniel Denison, Symon Willard, Rich"J Russell, Tho Danforth, W™ Hauthorn, Edw* Tyng, W-" Stoughton, Tho Clarke, The deputjes of "y^ Court returned were, — /> A A M' Peeter Bulkley, Speak'. WHEREAS the law, title Military, sect 11, enjoynes that no majo' of any regiment shall march with his regiment out of the county wherein he hath comand, nor cause any part thereof so to doe, w"=out order from the Generall Court, council, or majo' generall, except it be in pursuite of the ennemy vpon a rout, this Court doeth order, that during these warrs, & till this Court take farther order, it shallbe in the liberty of the major of each county, or any inferiour coinission officer who hath comand of any com- pany or party of men, to goe out of their oune propper county for engageing, pursuing, or destroying the ennemy, so as they act not contrary to pticcular or- der from superior officer or authority. Whereas, by a late order, the troopers were made liable to be impressed by fFoote souldiers at such times as it was supposed there would be litle vse THE MASSACHUSETTS BAY IN NEW ENGLAND. 71 of them against the Indians, who are found by experience to be very ser- viceable & necessary, & haue binn imployed in a full proportion to the fFoote, it is hereby ordered, that that part of the order concerning troopers be repealled. "Whereas the present warr w"^ the Indians hath so farr exhausted the country tresury, that there is not a sufficiency to prosecute the sajd warr to eiTect ; for the encouragement of such gen*° merchants, or any other person or persons, that are able & willing to disburse & send to the publicke, it is hereby declared, that the Generall Court of this colony shall from time to time, and at all times, stand firmely obliged for the repayment of all & euery summe or summes disbursed & lent for the vse of the publicque, as abouesajd, and the receipt of the same, being given vnder the hand & scale of the Tres- urer of the country, or his successors, shallbe sufficient and vallid prooffe of the sajd disburss ; and for further security to those that shall disburse, as aboue sajd, this Court doeth also obleige vnto them all publicq^ue & comon lands w'^'in this jurisdiction, and all the interest that this colony hath, may, or ought to haue, in any conquered lands in any other jurisdiction, so as that no part of these lands shallbe granted, given, or otherwise disposed of, (saue for the payment of debts that shall be contrated as aboue,) vntill the sajd debts be fully payd. And further, the whole Court voted, that the Tresurer is heereby to con- tract & agree w"' those that lend mony, as to the time & interest for it. Whereas there are complaints that such persons who lyst themselues voluntiers in the countryes service doe esteeme themselues from vnder the coinand which is necessary for the security of the country, it is therefore or- dered by this Court, that all such persons so listing themselues shall be sub- ject to all such martiall lawes as are or maybe prouided for the well ordering of the forces of this jurisdiction. Whereas there is observed a great neglect of the execution of the law lately made, title Guards & Garrison Souldjers, it is ordered by this Court, that the sajd law be carefully (by the comittee of the miUtias, who are heereby impowred in that respect, or cheefe officer of each toune) put in execution, & in particular that dayly care be taken that a considerable part of the souldiery, by turnes, in the seuerall parts of the respective tonnes, be improoved in scouting & warding, to prevent the sculking & lirking of the ennemy about the sajd tonnes, & to giue tjmely notice of approaching dainger ; & also, that the brush in highwayes & other places (judged necessary) be cutt vp, and that such persons, youths, &6, as are not in the roll of the trajne bands (ex- cept such as are in publiccLue place, exempted by law) be vnder obligation to 72 THE RECOEDS OF THE COLONY OF 167 5-6. attend comand for that service, on poenalty of five shillings p day for neglect. " *■ ' And it is further ordered, that the breaking vp of the watch be not till the 21 February. . . . , j^ i i i rising of the sunn, at what time the scouts are to sett forth, and that no gun shall be then fired, on poenalty of tenn shillings for each offence ; these fines to be levyed by the clarke of the band by warrant from the coinittee of militia or cheife officer, who, if they shallbe convicted of neglect of their duty con- cerning any of the premisses, they or he shall be fined tenn pounds to the pub- licke treasury. [*70.] *'Whereas seuerall Indians that belong to the eastern parts that had w*- indiansinre- Jraune themselues haue lately come in & rendred themselues to mercy, & bellion encour- agd to come in, diuers Others are dayly expected in, concerning whom no effectuall course for &c. their disposall is yet taken, this Court doth appoynt & authorize Majo'^ Eich- ard Walderne, Majo'' & Nicholas Shapleigh, to be a coinittee for this affajre, who haue power heereby granted them to vse their best endeavo''s, as they may haue oppertunity, to treat w"^ the Indians of those parts, and, if they can vpon honourable & secure termes, to procure a peace betweene them & the English, and ' in that case shew such favour as may be a rationall furtherance to such a desireable end ; and if such a peace cannot be setled, then it is left with this coinittee to dispose of those Indians already come in, or that may be brought into their hands, by shipping them off" or otherwise, whereby damage from them may be prevented. It is ordered, that the honoured council vse vtmost endeavours, w*"^ promise of such reward as they judge meet, to obteine the Mohegin^ & Pec- quotts, & Ninicrafts Indians to cutt off" the Indians in present hostillity, or otheruise to invite them in, whither such as will deliuer vp their armes & re- lincLuish the sachems engaged in warr against us. Vppon consideration of many sculking Indians about our plantations doing much mischeife & damage, & that a probable way for their surprizall is by scouting in smale partjes, for encouragement thereof, this Court doeth order, that euery person or persons that shall surprize, slay, or bring in pris- oner any such Indian on the south side of Piscataqua Riuer, he or they shallbe allowed three pounds p head, or the prisoners so taken, making it appeare to the comittee of militia of that toune to w* they are brought. In prosecution of the last vote for sending out of men to Meadfeild, the Court judgeth it meet to order & appoint Majo'' Thomas Sauage coiiiander in cheiffe ouer all the sajd forces now at jSIeadfeild, or to be sent out thither, re- lateing to the present expedition. Itt is ordered, that the majo' of Suffblke forthwith issae out his warrants for the impressing one hundred able souldjers, compleatly furnished w"* THE MASSACHUSETTS BAY IN NEW ENGLAND. 73 axmes & amunition, to be put vnder the comand of Major Thomas Sauage, for 167 5-6. y® service of the country. ' -1 ' In pursuance of the order of the comission''s for the Vnited Colonjes for the present expedition, it is ordered, that forty men be impressed foot soul- diers, and trooper seventy two ; to be raysed, in Essex thirty, Norfolke tenn. Three County Troope ten, Suffolke tenn, & Midlesex tenn, to be all fitted w*^ long armes, & the 40 foot souldiers to be raised, twenty out of Essex, twelve out of Suffolke, eight out of Midlesex ; all w'^^ will compleat those already raysed to the nomb"" of six hundred men. It is ordered, that James Trowbridge, of Cambridge village, be leiftennt to the fFoote company there. Lef f Griffin Crafts, of Roxbury, request to laye downe hi| coinission is granted, & Sarjant Samuel Ruggles is appointed to be leften' to y* company in Roxbury in his place. It is ordered, that Left John Price & Ensigne John Higginson, leftennt & ensigne to the late Cap? Gardiners company, haue their coinissions for those places forthw*. It is ordered, that Eobt Dutch & Joseph Mansfeild, damaged in their clothes and armes, as they make it appeare what it was to the coinittee for the warr, shallhaue allowance for the same, (by y" fire at M' Smiths). *In answer to y" peticon of seuerall inhabitants of Milton, it is ordered, that r*71.] all the inhabitants of Milton not on publicque service be required to attend Courts ans' to their duty in that toune, perfecting the fortification that are appointed by the g^^ comittees of militia there, & y* no person fitt for the deffence of the place to w'Mraw themselues w"'out liberty from this Court or the council first ob- teyned, on pcenalty of such suffering punishment as souldjers are liable vnto that w^draw from their coulo's ; & the comittee of militia are ordered to require those that are w^draune to returne to their places againe. In ans' to the petition of John Griffyn, fferryman of Hauerill, for ex- Ferryman of emption from watching & warding in this troublesome time, y' he may attend emption.^&s! the countrys service by day & night, the Court grants his request. It is ordered, that Leiftennt Elias Styleman doe succeed Captaine Rich- Eiias Styieman __, •/■!(■ 1 -IT ''''P' "f y° fort ard Cutts, deceased, m the comand as captaine ot the tort on the great island at Portsmouth. in Piscataqua Riuer. It is ordered, on request of Cap? Scyll, that the coinittee for the warr doe Tobacco & forthw*"^ send twenty pounds of tobacco & three gallons of ruirie for the sup- s"yjig °^omll. ply of the company that now resides at Lancaster. Watchmen to It is ordered, that six men more be added as a guard to the pouder y° pouder mill, according to & grice mills at Naponset, in manner as in the former order is prouided. form' order. VOL. V. 10 THE EEGORDS OF THE COLONY OF A warrant was ordered to be issued out to y^ comittee for y* army to send away y^ prouissions ordered to be at the head quarters at Marlborow by y* Ah V^*7' ^^^^ ^^y °^ y° weeke ; also, to send vp some liquo's & spice, yv*^ a competency to be buUt at of canvas for a tent to shelter the prouissions & amunition, as also the car- penters tooles, nayles, &6, to build a quarter at Quoboag, or elswhere, w* was don. Jame Brayden comissy, & his ord's. Instructions for M' James Brajden, appointed comissary for y"* army. 1. First, you are to speed away to Marlborow, & there to choose the ffittest house yow cann finde to lodge the provissions & amunitions that is sent vnto yow, & to cause it to be carefully secured & kept for the vse & service of the army as there shallbe occasion. 2. Yow are to declare to the cheefe comander on the place that it is the Courts pleasure that he affoord yow a sufficient guard for the securing the magazine. 3. Yow are to take such assistance as may be necessary to performe the service coinitted to yow, & to deliuer forth what is comitted to yow for the vse & service of the army, & keeping carefull & particcular accounts of all matters, & yeilding obedience to such orders as yow shall receive from the comander in cheife, or comittee for the warr, and give intelligence to the council or comittee for y"= army of all matters requisit for the publick service respecting yo'' place. Order for Ma- jor Sauage to be on his march. 25 Feb', 75. Major Sauage his comission. His instnic- tions are on file. Jn" Curtice a guid to 0' f'ces & 6 Indian scouts. The Court, vnderstanding that our confoederates of Connecticot are vpon their march in order to a conjunction with our forces at the place appointed, doe order, that Majo'' Sauage, w"" our proportion, shall advance w"' all expe- dition towards them, the remajnder of our sixe hundred agreed vpon being ordered to deffend the frontiers in the meane time. The Court granted Majo"^ Savage his comission, and was : Whereas yow are appointed by the Generall Court comander in cheife of all the forces that shallbe deliuered to yow at Marlborow for this present expedition against the ennemy, yow are heereby authorised to take vnder yo' care & conduct the forces aforesajd, both horse & ifoote, comanding all officers & souldiers to obey yow as their cofnander in cheife, whom yow are to improove, according to your best skill & abillity, for our deffence & the distress- ing & destroying the ennemys, by all acts of hostillity ; & this shall be yo' warrant. This Court doe order Jn° Curtice, of Roxbury, to be a guide to the forces now going forth, & he is impowered to take sixe Indians from the island for THE MASSACHUSETTS BAY IN NEW ENGLAND. 75 his assistance, w"! their armes, some of ■w"'' Indians may be improoved for 16 7 5-6. spies as the comander in cheife shall appoint. ' y ' In ans-- to the petition of Saffl Warner & Thomas Parsons, it is ordered, ^ ^^'"^""y- ' Tresu' to pay that they be pajd w' y° last Court allowed them by the Tresurer of the Wamer&Par country, according to the minde & intent of sajd order. •M' Eoulison not being disposed to accept of the motion of y= Court to [*72.] goe out w"' the forces as preacher, it is ordered, that M' Samuel Nowell be M' Sam. Now- intreated to goe vpon that service, & that he be furnished w"^ such conven- y. amy! iencjes as he shall stand in neede of for his incouragem'. M'^ Jn" Clai'k is appointed chirurgion for y^ service. M- Jn" Clarke Itt is ordered, that the coinittee of the army procure either Jn" Brewer, 1 "^"Seon. *^ ■*■ ' Carpenter to of Sudbury, or Jn" Coolidg, of "Water Toune, to goe vp w"" the army to build biiid tead a house or houses for lodging and shelter of prouissions, amnition, & wounded Quoboag. men, or other souldjers ; also, to send carpenters tooles for six men, nayles of all sorts, w*^ hookes & hinges for doores & locks, & of such sort as the cheife carpenter slftll appoint. It is ordered, on request of Cap? Jn° Jacob, his house standing on the Cap« Jacobs passe betweene this colony & Plymouth be forthwith garrisoned, & such as are ganisone/&c his neerest neighbours are to joyne therein. It is ordered, that Benjamin Gillam be leifteniit, & Thomas Sauage en- Lef & enaigne ■» r • , o 1 • t° Major Sau- signe, to Majo' Sauage his company. _ ^^3 his compa- It is ordered, that Cornet John Whiple be cap? to the troope of horse "^^ . . Jn» Whiple now raysed, «& Corporall W" Bond leiu?, in case he can be had; if not, it is cap' of y left to y" capt to appoint one for that office. °°^^' Majo'' Geiil Denison is ordered to repaire vnto Marlborow, there to order Major Gen» & dispose the souldi''s vnder their seuerall captaines, according to the orderipf the Generall Court, taking care that those who goe forth be able & fitt for the In No. 330. sajd march, & that the coinissarys doe send along w"* them the ainnitions & pro- uissions, and that the troopers, & so many of the foote souldiers as can be in a readines, doe march away on the seccond day of the weeke, so as that they may be at Quoboag on the third day, according to the aggreement of the coinis- sioners. The supernumerary souldiers are to be disposed for the garrisoning Supmumerarys . T left to his carOj of those frontie''s tonnes as the majo' genii shall judg meet, excepting only ^5 such as for just reason or bodily infirmity he shall dismiss, speciall respect being had to the garrison at Marlborow. "Whereas it pleased y° honoured council, on weighty reasons, to adjourne Order ab« , - Hampton the County Court, w"'' should haue binn kept at Hampton in October last, to court to be the 2* Tuesday in Aprill next, which is the day of keeping Court at Salisbury ^^'^'^ S^"=- appointed by law, it is ordered, that this present yeare being a tjme of great 76 THE KECORDS OF THE COLONY OF 1675-6. trouble & charge, that the Court appointed at Hampton the 2^ third day in " " ' Aprill next shall take cognizance of all matters, civill & criminall, propper to e ruary. ^^^^ county, and that the Court at Salisbury be passed by for this yeare, any law or custome to the contrary notw*''standing, prouided that all attachments that haue been, or shall be, timely served for Hampton or Salisbury Court shall be of force at y" said Hampton Court. Capt" & left The Court granted comissions to cap?s & leif ?s of horse & ffoot. Copies comissions, ni vide file. are on file. Benja. Gibbs Whereas Capt Benja Gibbs is coiiiissionated for the service of the coun- troope of horse ^^J ^^ comander of a troope of volunteires, it is ordered by this Court, that in case, &a j^g ^ ^As troope shallbe CLuartered, at the charge of the country, in the seuerall tounes in this jurisdiction, whither he shall march vpon the sajd service ; and in case of want of horses, liberty is granted him to apply himself to the comittees of militia, or cheife officer of sajd toune, who haue hereby power granted them to make him convenient & necessary supply, prouided it be only at such times as he shall be im ployed by the order of the GoQno* or councill in any speciall trust, or otheruise improoved by the coinander in cheife of our forces, his expences not exceeding the ordinary allowance. Courts ord' to It is ordered, that the Tresurer of the country issue out his warrants to in Yorks y" seuerall selectmen of the seuerall tounes in Yorkshire forthw*, according to law, to make & raise nine speciall country rates, as haue binn raysed in y" colony, for defraying of the charges of y" warr, & the rates so raysed to be speedily collected & payd to y" Tresurer of y" county, w* y* Tresurer of y* country shall apoint Courts ord' to It is ordered, that the comittees of militia in the tounes & county of D^^^ &p^V D»uer & Portsmouth shall & hereby are required & impowred to make nine mouth. seuerall rates on the inhabitants thereof, according to law, towards the respond- ing the charges of the warr, to be collected & speedily payd in to the Tres- urer of that county, to ans' the end of the sajd comittee, & be disposed of accordingly ; and the comittee of militias are by themselues, ,or their order, to audit all accompts of the charges expended in this warr. This Court is dissolved. THE MASSACHUSETTS BAY IN NEW ENGLAND. 77 *Att a Generall Court of Election, held at Boston, the 3'' of May, 16 76. 1676. ' ' — 3 May. JN" LEUERET, Es$i, was chosen GoQno' for the yeare ensuing, & tooke ■- ■■' his oath. Sam Symondsj Es^', Dep' Gofino', & tooke his oath. Symon Bradstreet "was chosen Assistant, Es^"^, tooke his oath. Daniel Denison, Escp, Assistant & Majo' Generall, tooke his oaths. Richard Russell, Es^, was chosen Assistant & Tresurer, & tooke the oaths. Thomas Danforth, Assistant, & 1^' Coinissiotf of the colonys, Esqp. W™ Hathorne, Assistant, Es^, tooke his oath. Jn° Pynchon, Assistant, Es^. Edward Tyng, Assistant, Es^). "W" Stoughton, Assistant, & 2^ Comission'' for y" colonjee, Es^. Thomas Clark, Assistant, Es^. Joseph Dudley, Assistant, Es^. Edward Rawson was chosen Secretary, & tooke his oath. Cap? George Corwin, M' Hen Bartholmew, Salem. Capt Lawrenc Hamond, M' Thomas Graues, Charls Towne. Capt Hopestil Foster, Lef ? Jn" Capen, Dorches?. M' Anthony Stoddard, Capt Tho Clarke, Boston. ]y[r ^m Parkes, Roxbury. Cap? Hugh Mason, Water Toune. M' Edward Oakes, M' Joseph Cooke, Cambridge. Ensi Jn" Fuller, Lynn. Majo' Sam Apleton, M^ W" Goodhue, Ipswich. M' Sam Plumer, Newbery. M' Thomas Dyer, Weymouth. M' Nath Beales, Hingham. M' Peter Bulkley, Concord. Capt Daniel Fisher, Dedham. M' Sam Dalton, Hampton. Cap? W"^ Dauis, Springfeild. M' Maximillj: Jewet, Rouley. M' Humphry Davy, Left W"" Johnson, Wooborn. M'^ Samuel Thompson, Brantry. 78 1676. - — » — ' 3 May. THE RECORDS OP THE COLONY OF M"^ Henry Palmer, Hauerill. Cap? John Wayte, Maulden. M' John Dodge, Beverly. M' James Emery, Kittery. M"" Anthony Nutter, Doner. M"" John Cutts, Portsmouth. M' Edward Rishworth, Yorke. M' "W"' Symonds, Wells. Lef ? W^ Clarke, Northhampton. M' Peter Tilton, Hadley. Chelmsford : Left Tho Hinchman. [*74.] Order impow- ering select- men to hire men to man- age, &c. Souldiers re- fusing to make appearance to serve y coun- try, ffoote soul- diers to pay 4" & troopers 6". M' Peter Bulkley was chosen Speaker for this session. Cap? John Hull was chosen Treasurer by the whole Court mett togeth', in y* roome & steed of the late Richard Russell, Es^, for this yeare ensuing, & tooke his oath to y* place belonging 18"' May, 1676. As attests EDWARD RAWSON, Secret. *Whereas the present warr necessarily calls forth sundry men into the country^ service whose imployment & livelyhood consists in husbandry, the proppogating whereof in our respective tonnes for the raysing of corne and pro- vissions is of great necessity for our subsistance, it is therefore ordered by this Court, that the selectmen of the respective tounes doe take effectuall care, and are hereby impowred, to impresse men for the mannagement and carrying on of the husbandry of such persons as are called of from the same into the ser- vice, who haue not sufEcjent help of their oune left at home to mannage the same, who shall be allowed eighteen pence a day for their sajd worke, to be pajd by the respective persons for whom they worke, prouided it doe not ap- peare that any persons imployed haue been vnfaithfuU in their labour, in w* case the selectmen shall haue power to deduct from their wages such propor- tion as they shall see meete. This Court, taking into consideration the great disappointment the coun- try hath suffered by reason of non appearance of souldjers impressed for seuerall expeditions, doe judge meete that euery person impressed as a souldier for the service of the country, and neglecting to make his appearance accord- ing to order, euery such foote souldier shall pay the suine of fewer pounds, and euery trooper shall pay the surne of sixe pounds, and if their neglects or refusall be accompanied w*'' refractorines, reflection or contempt vpon author- THE MASSACHUSETTS BAY IN NEW ENGLAND. 79 ity, such persons shall be punished with death or some other greivous pun- 167 6. ishment. " i ' And the comittee of militia in the seuerall tounes where the offence is coinitted are heereby impowred and required to call before them all such as shallbe delinquents, as is aboue expressed, and on conviction of their neglect, to give warrant to the constable to levy the sajd fines, which sajd fines shallbe improoved to purchase armes for the tounes vse, prouided it shallbe in the power of the council, vpon petition of any person agreived, and just reason alleadged and prooved, to make abatement of the sajd fines as in their wis- dome and discretion they shall judg meet. And it is hereby ordered, that the return of all *neglects and defects in the cases aforesajd be sent to the comittee [*75. j of militia in the seuerall tounes, who are heereby required to take care for the strict execution thereof. This Court, being informed that sundry persons, who, through the calam- Order declar- itje of the warr, are forced to remoove to other places, doe account themselues ^f gucii as"re- free from duty in those places, doe order, that all such persons so remooving ™°"''<'< t" i>e y same w**" the shall stand, in respect of charges and duty to the publicke, in the same inhabitants. capacitje w"" the propper inhabitants amongst whom they make their aboade or residence. Whereas it appeares in the bills of disbursments, stated by the militia stated price for of the seuerall tounes, & transmitted to the Treasurer, there is a great dis- ^j^^ cguntrys proportion betweene toune & toune in the prices set for the hire of horses in s«'""<^«> ^^ P' weeke. the countrys service, for the preventing the like inconvenienc for the future, it is ordered, that the stated price for the hire of a horse for the country' vse shallbe one shilling sixe pence in money p weeke throughout this juris- diction. For the preservation of the frontjer tounes, it is ordered, that each of the Courts order as — ■ n ■!•■ T-Ti- to frontier sajd tounes be, by the comittee or militia, divided into so many partes, as a tonnes. meete number may each day, by turnes, be sent forth vpon the scout, w* whom a party of Indians, at the charge of the country, shallbe joyned ; that the sajd scouts be constantly mannaged by a suiteable comander in each of sajd tounes, appointed by the sajd comittee, who shallbe pajd his wages by the country ; and for the encouragement of sajd tounes, and more efFectuall carrying on of this worke, that the souldiers abroad in service apperteyning to sajd tounes be returned home, and they freed from the impresse during their attendance to the service aboue sajd for theire oune & the country* defence ; and that the frontier tounes be accounted Meadfeild, Sudbury, Concord, Chelmsford, Andever, Hauerill, Exiter ; and for their further security, it is hereby declared to be the duty of euery cheife comander or officer present in 80 THE KECOEDS OF THE COLONY OP 1676. 3 May. [*76.] Toune of Salems pow to impose IQi' fine for refusall of constables office. Comittee to consider of wounded souldjers peti- cons, &c. Order phibbit- ting trade w*** y» Indians on pcenalty of confiscation of estate, or ban- ishment con- yK &c. [*77.] Selectmens power to take care for the distracted. any toune, vpon notice given him of any assault or distresse of any neighbour toune, to send forthwith what ayde cann be spared w"^ safety at home for the security of the distressed. *The Court being informed of the difficulty the toune of Salem meets ■w*all to finde persons that will serve in the constables office, by reason of the smalenes of the fine imposed by lawe on such as doe refuse, it is ordered by this Court, that it shallbe laufull for the sajd toune henceforth to impose a fine of ten pounds vpon such as doe refuse to serve in the. office of constable there, any law to the contrary notw^'standing. In ans"' to the peticon of John Brandon, a wounded souldjer, for releife, there being many in like nature that stand in like neede, the Court judgeth it meet to appoint M"^ Edward Ting, ISI"^ Joseph Dudley, Capt Hugh Mason, & ]yj[r T^m Pai-]j;es to be a standing coinittee to consider of peticons of this nature, and make their report of what they judge meet to oe donn to this Court, and to continue till the Court take further order. Whereas, by the late law prohibbitting trading houses & trading w* the In- dians, except in open shops & tounes where goods are sould unto the English, advantage is given to persons by that exception to carry on an vnlimited trade Av"' the Indians, which may proove of dangerous consequence to the publicke weale, it is therefore ordered by this Court & the authority thereof, that all trade w"" the Indians be prohibbited for the future ; and it is hereby prohib- bited, that no person whatsoeuer w"^in this jurisdiction presume to trade w"* any Indian or Indians, directly or indirectly, by themselues or others, any comodity whatsoeuer, vpon poenalty of forfeiture of theire whole estates for each offence, being convicted thereof before lawfull authority, one third to the informer, and the remajnder to the country ; prouided, that this law doe no way prohibbit the necessary supply and releife to such Indians and their fam- iljes as are by order imployed in the country^ service, or as are otheruise vnder the speciall care & inspection of authority, so that such supply & releife to these Indians be made as the Court or council shall allow ; or if no estate, then to be bannished vpon payne of death ; and that by such as are vnder *the speciall care & inspection of authoritje be meant such as, being peaceably disposed, doe come in, and, being appointed the place, doe line w*in the vejw, & vnder the eye & protection, of the English. Whereas there are distracted persons in some tounes, that arc vnruly, whereby not only the familjes wherein they are, but others, suffer much dainage by them, it is ordered by this Court and the authoritje thereof, that the select- men in all tounes where such persons are are hereby impowred & injoyned to take care of all such persons, that they doe not damnify others ; and also 3 May. THE MASSACHUSETTS EAY IN NEW ENGLAND. 81 to take care & order the management of their estates in the times of their dis- 1 G 7 6. temperature, so as may be for the good of themselues & famiUes depending on them, and the charge to be paid out of the estates of all such persons where it may be had, otheruise at the publick charge of the toune such per- sons belong unto. This Court, considering the great inconveniency that will ensue, if per- sons be left at liberty to ^'''draw from the frontier tounes that are yet standing out, thereby enfeebling the remote parts of the country, and tending to the damage of the whole, doe therefore order, that it shall not be in the liberty of any person whatsoeuer, who is by law enjoyned to trajne, watch, ward, or scout, to leaue the toune he is an inhabitant of, vpon any pretence whatso- euer, w*''out liberty first obteyned from the comittee of militia in the toune to which he doeth belong, or in case of their denyall, then by the council of the coinon-wealth, vpon the posnalty of twenty pounds, except within one weeke after they be required by the coiiiittees of militia to returne to their station, they shall accordingly returne, which summe of twenty pounds, vpon certifficat from the coiiiittees of militia to the County Court of that sheire, or to any two magistrates, shall, by their warrant, be forthwith levyed vpon the estates, or for want thereof, vpon the persons of such delinquents, to be disposed of, either to such as will come vnto the sajd toune to strengthen them, or towards the bearing the charge of the warr, or otherwise, as those that stand it out shall see meete ; and it is further ordered, that no person capeable to assist in securing the *garrison he belongeth to shall absent himself, by going out of r*78.] toune, w^out acquainting of and liberty obteyned from the coriiander of sajd gai-rison, vpon poonalty of fine shillings for each offence in that kinde, that so the danger to w"'' the garrisons in the respective tounes are exposed too by frequent absence of such as are for the deffence of them may be ^vented. For defraying the charges already expended vpon the warr, & other Ten rates to charges arising on the further prosecution thereof, it is ordered by this Court ijefrayeof and the authority thereof, that there shallbe ten single country rates forthwith pu'^lio'J" ex- pences, &c. assessed & collected according to law, to be payd in specie as formerly, and to abate one quarter part to any that shall pay money : also that the selectmen be allowed & impowred to rate such by will and doome as are knowne to be men of ability, whose estates in a great measure lye out of the reach of the law, being vndiscouerd w"'out abatement, on account of any mans paying for importation of goods ; and in case of greivance by oner valuation, releife to be given to such in such a way as the law provides, provided that such of the frontjer tounes as are considerably weakned in mens persons or estates by the enemy, be allowed a meet abatement of their proportions in the rates, their VOL. V. 11 82 THE RECORDS OP THE COLONY OF conditions being by their deputjes or others appointed represented to this Court at their next sessions ; and where any persons in any of the tonnes haue disbursed for the publicque relating to the warr, they shallbe allowed and pajd the same out of the ra!tes of such tounes where they dwell, and that this shallbe in the roome of all bills for assessing of rates, passed this sessions of Court. Courts in- strucons to Seth Perry going to the Indians. [*79.] Instructions for M"' Seth Perry, our messenger to the sachems at ZlthulTu. Yow shall, in the company of Tom Dublett, the Indian guide, repaire to Concord on Saturday, &, on Monday following, by his guidance, goe vp to the Indians q^uarters, and there deliuer the letter to the sajd sachems, desiring their speedy answer. 2. And if they shall demurr at the deliuery of our captives before the treaty, yet yow shall somewhat insist thereon, as a *a reall testimony of theire true meaning, to be for a cessation or truce w"' the English ; yet, if they shall thinke that too hard on their part, vnless a peace should be concluded & agreed, yow shall not vpon that account only breake off if they accept of a treaty vpon the whole matter conteyned in the letter. 3. If they also demurr at the place of meeting, or coining to Boston after your presenting to them the conveniency of Boston firstly, or the other places named, together w*'' the reallity of their safe conduct, yett yow shall not therevpon breake off; if they doe accept of Marlborow or Groaton for the place, they coming w"" yourself, or at a day appointed & agreed on by yow, provided it be w*in fower dayes after your departure from them, w* a white flag, w*''out armes, as wee send to them, which yow may assure them shallbe w"' the like security. By y« Coui-t. EDW: EAWSON, Secret. Courts letter to These for the saggamore about Watchusets, Phillip, John, Sam, Washaken, Old Queen, & Pomhom. sagiimors, 5 May. Wee received your letter by M' John Hoare, who went vp to yow w*^ the messengers, Tom & Peeter, being sent to yow from M"^ Roulandson. Our expectations was, that yow would lett vs know vpon what condition yow would release to us all the English captives among you. Our minde is not to make bargaine w"" yow for one & one, but for altogether. Vnto this, which was our cheife buisnes, yow send us no answer, which wee doe not take kindly, for this way spends much time. In your letter to us yow say yow desire not to be hindred by our men in your planting, pmising not to doe damage to our THE MASSACHUSETTS BAY IN NEW ENGLAND. 83 5 May. tounes. This is a great matter, and therefore cannot be ended by letters, 1676. without speaking one w"' another ; wee haue therefore sent to yow once more, to lett yow know our minds w"' all speed. If yow will send us home all the English prisoners, it will be a great testimony of a true heart in yo-jr to peace, which yow say yow are willing to haue ; and then, if any of your sachems and councello^'s will come to us at Boston, or els to Concord or Sudbury, to meet with such cheife men as wee shall send, wee will speak w"^ yow about your desires, and with true heart deale w*'' yow. This way is the best way ; therefore send speedily to us, whither yow accept it or no. If yow vnder- stand not our full minde, Seth Perry, whom we now send w'*" this letter, will declare it more plainely. And wee doe hereby grant & promise, that all such as yow shall imploy in a treaty w"" us shall be safe & free to come & goe, on condition that our messengers also shallbe safe w"* yow. By the Court. EDWARD EAWSON, Secre?. May the 5% 1676. *Capt Daniel Gookin was by the whole Com-t chosen & appointed to be [*79*.] sarjant majo' of the regiment of Midlesex. ^^^^ ^°°., "^ It is hereby ordered, that the execcuto^'s of the late Tresurer, Rich''* jor of Midle- sex, & had his Russell, Es^, be impowred to demand, account for, receive, & give discharge comission. for all such sumes of money due vpon rate, or otheruise, contracted before the third of May last past, and to pay all debts, &6, due before such time from the country ; all such debts & creditts propperly belonging to their account ^th yc country. It is ordered by this Court, that M" Mary Russell & M' James Russell, Ord' to im- J pou' y» execcu- execcuto's of the late Tresurer, Richard Russell, Es^, deceased, be, and j^s of Riohi hereby are, ordered & required to receive the arrearages of all rates, customes, ^"^'^^"•J'"''' & fines comitted to the said Tresurer to gather in his lifetime, and to require gath'vpy . rates, &c. of all constables and persons concerned, or an account & payment thereof, and to impose the fines for neglect as the Tresurer might & ought personally to haue donn. lilaio"- Thomas Clarke, M'^ Anthony Stoddard, M' Humphry Davy, Cap? Comittee for y *' . Tres's acco's. Laurence Hamond, M"^ Henry Bartholmew, & Cap? Jn" Richards are appoint- ed a comittee to audit the whole accounts of the late country Treasurer, and anv three of them, w*"^ Majo' Clarke, shall haue full power to conclude & ^ ^ Comittee to in- agree concerting all matters refferring to the sajd accot, & to make returne spect the co- , . J- ii • /-I ,. mittee & Tresu' thereof to the next session oi this Oourt. for ye warrs ao- Majo' Thomas Clarke, M"^ Humphry Davy, Cap? Laurence Hamond, and co', &c. 5 Ma-,'. 84 THE RECORDS OF THE COLONY OF 1 G 7 6. M"" Anthony Stoddard are nominated & appointed a coinittee forthwith to con- ferr and advise w*'' the Tresurer & coinittee for the warre, and to inspect theire accounts, of both receipts and disburs, and what is yet in the tresury, for a present supply of what is wanting in order to the carrying an end of the warre, & supply of those that are in present necessity. Provissions for This Court, considering the ;p>sent distressed condition of the Indians at the island &u. *^^ island, they being ready to perrish for want of bread, & incapacitated to make provission for the future, doe order, that there be a man w"' a boate pro- vided, who, w"^ some of the Indians, shallbe imployed in catching of fish for theire supply, and that if any of the English tounes doe moove for some of [*80.] them *to imploy in scouting, labouring, or otherwise, with some of their oune men, (the sajd tounes bearing the charge,) they shallbe accomodated in that respect, the which improovement of them may tend much to theire supply, & much more to our security, and that the rest may be improoved in planting the island or islands where they now are. Order to con- The Court judgeth it meet that the garrison at Quoboag be continued &e"& for t'heir there, and that they haue suiteable provission sent to them, and to that end provissions. haue treated w"^ Leiueteiint W"" Clarke for a supply to be made from those tounes vpon the riuer, which willbe more easily effected then to be sent from hence, and doe therefore order & impower the sajd Leifteiint Clarke w"" all possible speed to procure the same ; and Capt Turner is ordered to appoint a sufficient guard for the prouissions aboue sajd to Quoboag. Ord' for y« Whereas the council, vpon intelligence of the approach of the enne- thetroopes,&c. ^Y ^''^ great numbers, ordered fower troopes speedily to advance, which hauing binn kept out about a weeke, and the troopers being most of them masters of familjes, and haue not yet planted, and there being at present no knoune oppertunity of service, it is hereby ordered, that the sajd troops (hav- ing first made vp their complement to Capt Hinchmans & Leiftennt Floodj which were ordered by the council) be licensed to depart to their seuerall habitations, to attend theire oune occasions for a weeke, and till they receive further order. Order for pres- The garrison of Quopaug being out of provissions, and the supply ordered for Quoboug. from Hadley not being likely to be w"^ them for theire present releife, it is ordered, that forthwith prouissions for one weeke be speedied vp to them. Lef Ephraim There being a present necessity to send vp some prouissions to Quoboag, for comand the ^he releife of the garrison, as also a person to coinand in steed of M' Graues, it is garrison at hereby ordered, that Sarjant Ephrajm Sauage doe march vp w"^ the prouission Quoboug, &c. _ . now sent, and take the comand of the sajd garrison, and that the infirme or sick men there be dismissed, provided thirty souldjers be there kept ; and foi THE MASSACHUSETTS BAY IN NEW ENGLAND. 85 S May. 80 souldiers, &o. the conveyance of the sajd proulssion, it is ordered, that the captaine of Sud- 1676. bury doe send vp a sufficient guard for the sajd prouissions to Marlborow, and is heereby empowred to presse sufficient horses to carry the sajd prOuissions to Quoboag, and that Leiftennt Jacob doe, from Marlborow, send vp a good guard w"" the sajd prouissions to Quoboag, and vpon *theire returne, shall [*81.] draw all his men into one garrison, which hauing donn, & leaving thirty men there, he is licensed to returne home w"" such whose occasions are most press- ing, or that are most vnfitt for service, appointing some meet person to coinand there till further order be taken therein. It is ordered, that the majo of Suffialke issue out his orders for the Order reqnir- comittee of militias raysing of theire seuerall proportions of eighty able soul- Suffolk to vayse djers, well & compleately armed, & furnished w"' amnition and sixe days prouission for each souldier ; — That the majo"^ of Essex regiment issue out his orders for the like pro- Major of Essex _ , , , y« like number. portion 01 men, & so accomodated m all respects ; — That the majo'^ of Midlesex issue out his orders for seventy men in all Major Midi- . sex to rajse 70 respects out of y' regiment so accomodated ; — That the majo'' for Norfolke issue out his orders for thirty men, as aboue. Major Nor- , . . folkeSO. out 01 y*^ regiment ; — That the majo"^ genii issue out his orders for raysing of eighty troop- Major gen. to . . r 1 n '''^ys'3 80 troop- ers, compleatly armed, &6, w*'' ammtion & provission, out oi the seuerall gj.^ troops in Essex, SufflDlke, Midlesex, & Norfolke, & Three County Troope, who is also desired & impowred to repaire to Concord on the last of this All to be at ^ Concord, the moneth at y" randevous, & see that the sajd numbers be compleately there, randevous, by and fitted in all respects for the country' service, & what he shall finde either ^^ ^"y- absolutely vnfitt or supernumerary, it is left to his wisdome to order & dis- miss, prouided it be proportionable to the numbers sent from the tounes ; — And that the seuerall majo''s send out theire warrants for the impressing 100 horses to be raised by y of their proportion of one hundred able & fitt horses for baggage horses, to ^^^n ,„ajo,.s f^, carry the prouissions to the randevous, by the thirtieth instant. gagJ"&E.*'''^' It is also ordered, that M"^ John Faireweather, M"^ Jn° Morse, & M' Jn° coisissarys or- W^^, comissary^ forthwith, by contract w*'' men, procure & prouide sufficiant p^J^^^^for Drouitions of all sorts proportionable for fine hundred men for one month, and soo men. *^ ^ m 1- -J To chardg bills to be at Concord by y° SO"' instant, charging bills on y» Tresurer, to be paid on the Tresuret therefore, & w' pt thereof vnpajd to pay interest after six pounds p cent for p'^J^'g p"'cnt the payment thereof ; — '"'^^ P"- And that Maio' Gookin and Cap? Samuel Hunting prouide & procure Major Gookin & Cap' Hunt- a seventy able Indians, fitt & ready, by the SO"' instant, to march out w'" the j^g to raise 70 , , . • Indians, &c. forces on the country' service. 86 THE RECOKDS OF THE COLONY OF 1676. *Proposalls refferring to the Indians at Long Island. ^ ^ ^ 1. That they be iinediately remooved to convenient places for their r*eo''i planting, i. e., Ponkapaug Indians at Brush Hill, or as neere as they may w"" Order for In- Safety to their oune planting feilds, and that they place their wigwams in or djans at Long ueere some English garrison there ; — Islands re- moved. Nashobah Indians & a part of Natick Indians to Patucket ; and the re- To Brush Hill, mainder of Natick Indians to their oune plantations, or such lands of the &c, Patucket, -^ &D, Natick, &o. English as may be procured for them. 2. That the garrisons appointed to be erected & kept in or neere the aboue sajd places (y' is, Patucket & Natick) be so disposed as may be for the best security & improovement of both English & Indians against the cornon ennemy. 3. That a coinittee be nominated & impowred by this Court forthwith to take effectuall order for the eiFecting thereof, that the season for planting & fishing may not be wholly lost. Comittees for 4. That such Indians as shallbe impeached by name by any English, as y« vigorous act- ^^^ ^^ ^^ confided in or meet to haue this liberty, be continued at the island mg therein, &c. •' ' vntil the council, on hearing the matter, shall take further order for their disposall. 5. That the Indians lodge constantly in the English garrisons, as they shallbe appointed by those that are or shall, from time to tjme, be their ouer- seers, on pajne of death. The Court allows & approoves of these proposalls ; that the Indians to be remooved doe consist mostly of weomen & children ; that the men be im- prooved in the service of the country ; and doe therefore nominate & appoint, as coinittees, Lefl Quinsey, Robert Badcocke, & Corporall Suift for Brush Hill ; Capt Prentice, Ensigne Fuller, Ensigne Bulling, & Deacon Heynes for Naticke ; Left Hinchman, Left Danforth, Ensigne Fletcher, Lef I Osgood, & Serjant Converse for Patucket ; who are heereby impowred, or the majo' pte of each of them, in all respects to act vigorously for effecting of what is agreed vpon in the fore mentioned proposalls, so farr as respects the setlement of the sajd Indians & garrisons; that the whole afiaire, so farr- as it referrs to the remoove of the Indians & their setlement, be at their oune charge, to be pajd out of the Indian stocke. Councils order to Major Goo- The councll ordered Maj' Gookin & M"^ Elliot to make the seperation t"make sene- ^bouesd, & Maj"^ Gookin to appoint y" coinittees time & place for reception of ration & to ea.ch parcell of Indians, & to impress boats, &S, for their remoovall forthwith, prouide arms in stock, &c. & that he take care to arme & dispatch the Indian souldjers ; and the comis- THE MASSACHUSETTS BAY IN NEW ENGLAND. 87 sloners are to attend his order in contracting for armes for their dispatch to 1G76. Cap? Hinchman. ' y ' *It is ordered, that the Indians that haue binn imployed for the publicise i*q1''^i be paid their arrears by the Tresurer, as shallbe ordered him by Maio"^ Gookin, , ,. ■^ •" ■' J J ' Indians arrears and y' Majo' Gookin be requested & impowred to order the scittuation of all ^° •>« P^J*- the Aveomen & children, so as may be most secure ag' the ennemy, & accepta- ble to them in Cambridg neck of land. Whereas a number of English and Indians were by the honoured coun- Order impow- cil ordered, vnder the coinand of Sam Hunting, of Charls Toune, to attend i^„ ^^ djgch'g the countrys service at Pautucket, neere Weymesit, and there to setle a garri- J* Indians, &c. son, &8, it is therefore ordered by this Court, that the sajd Samuell Hunting, ■w"" the English & Indians vnder him, appointed for y' affayre, be forthwith dischardged from their present service vnder Capt Hinchman, and that they accordingly attend the aforesajd service, which, by the council, they were ap- pointed to, prouided that tenn Indians doe remajne w* Capt Hinchman vntill a further supply of other Indians be made to him. And itt is further ordered, that forty or finety of our most trusty Indians 40 or 50 of y vpon the Island be forthwith armed, & furnished w"" amlnition & necessarys, (g ^^ imploy^ to be sent vp to be under the comand & dispose of Cap? Hinchman for the ^'"'^"'^ *^*p ^ "■ '■ Hinchman. countrjes service, & Cap? Jn° Hull is hereby desired to purchase fiuety good suiteable armes vpon the countrys credit, to be ready for y' service. The troope of horse in the county of SufFolke being now destitute officers to Suf- of a captaine by the death of Capt W'^ Dauis, it is by this Court ordered. Brattle, Lef that y* present Leifteiint Thomas Bratle shallbe henceforth captaine of E'i""> *•=• the sajd Suffolke troop, & Cornet Jacob Elljot leftenn*, & Corporall Tim- othy Dwight cornet of the sajd troope, & Corporall Thomas Swift quarter master. Capt Tho Lake, M"' Humphry Davy, & M' Richard CoUecot, or any two Associates of .. . *hi • j^ -r\ !-• Devonshire. of them, are appointed comission''' to joyne w'" the associates o± Uevonstiire to keepe the County Courts there the third second day of July next. William Stoughton, Esq), is apointed, authorized, & impowred to keepe \v»stoughton, ^ _-_ ,_ . -^-r 1 ^ . Esq^, to keep the County Courts in Portsmouth or Doner, and also at Wells, in Yorkshire, county Court for this yeare, at the times & dajes appointed, w"" the associats there allowed ^' ^"Jj'j^^""""'*' & approoved of by this Court for that service in those countyes. *Majo"' Bryan Pendleton, M' George Munjoy, M' Edw* Eishworth, Capt [*84.J John Wincol, and M' Samuel Wheelewright were chosen associates for the Associates for county of Yorke for this next yeare ensuing, w* this Court allowed & ap- P-CO'Cdof. . Associates lor Left W" Clarke, Lef? Dauid Wilton, Leftennt W-" Allis, & Deacon Hampshire. 88 THE RECORDS OF THE COLONY OF 16 7 6. Petei- Tilton were chosen associates for the County Courts In Hampshire for ^ ^ the 5'eare ensuing, w* the Court allowed & approoved of Daniel Deiini- Majo'' Generall Daniel Dennison, Es^, is appointed & impowred to keepe son, Esq', to {j^g County Courts in Norfolke for the yeare ensuing. keepe y" Coun- ty Courts in Majo' Richard Walderne, Capt Elias Styleman, M' Richard Martyn, & Capt Thomas Daniel were chosen associates for the county of Doner & Ports- mouth for the yeare ensuing, which the Court allowed & approoved of Associates for Majo' Robert Pike, Capt Nathaniel Saltonstall, M' Samuel Dalton, & Capt Thomas Bradbury were chosen associates for the County Coxirts in Nor- folke for the yeare ensuing, w* the Court allowed and approoved of. Cap' Saltan- It is Ordered by this Court, that Capt Nathaniel Saltonstall & M"^ Samuel ton impowred Dalton are hereby invested w"' magistraticall power w^'in the county of Nor- wiih magistral- f^^k^ f^^ ^he yeare ensuing. ticall authori- ty. It is ordered, that the County Courts in Norfolke be kept at Hampton the last Twesday in May next, according to the last adjournment, and that for this yeare the Court in October be kept at Salisbury, any law or custome to the contrary notw*standing ; and that Symon Bradstreet, Es^, is appointed to keepe the County Court at Plampton, now on adjournment. Order for 9 Whereas, by an act of this Coiu-t, of February 21"^, 1675^ it was or- al Yorkshire tl^i'sd that nine country rates should be levyed vpon the inhabitants of Yorke- shire for the defraying of the charges of the warr in that county expended, & accordingly warrants were issued out by the country Treasurer, & Majo"^ Walderne appointed to receive the rates so collected, and whereas there is yet nothing donn to effect in pursuance thereof, it is now ordered, that the aboue sajd nine rates shallbe speedily levyed & pajd in, for the vse aforesajd, to the p>sent Tresurer of the county of Yorke, who shall take asquall care that, together w''' what hath binn disbursed amongst themselues, the other disbursments made by order of authority for theire releife be duely & speed- jly payd. [*85.j *Whereas, by information of y'^ deputies of the county of Yorkshire re- Yorkshire specting the lawe of the coinittee of militia, which binds vp the approbation charges to be stated by Ma- of all accompts & arrears touching the present warre solely in the hand of M'E. Twtfth '''^^ ^^i'^ coinittee of militia in euery tonne, by whom a great part of the sajd charges arising amongst us are mostly clajmed, the premisses considered, it is hereby ordered by this Court and appointed, that Majo"" Nicholas Shap- leigh, of Kittery, M"^ Edward Rushworth, of Yorke, & ]\I'' Samuell Wheele- wright, of Wells, be & are hereby impowred to call before them, examine, & approove all such^ necessary arrears & charges as shall or may apperteyne to the county aforesajd, and what chardges by them according to law shallbe allowed W' Rushworth Kc. THE MASSACHUSETTS BAY IN NEW ENGLAND. 89 & approoved, prouided it be not in wjne or strong liquors, shall by the sajd 1676. comittee be duely payd & sattisfied from time to time. "^ •r—' In answer to the request & motion of the militia of Cambridge, declarinff, „ , /''' " °' Order jmpow- that in observance of the order of this Court for the fortifying of their toune ring selectmen by the advice of the council, & with the consent of the toune, they haue finish their ijne begunn a line of stuckadoes, which remajnes unfinished, by reason of "* sti^'=l'='d<'e^- the refi-actorines of some of their inhabitants, this Court doe heereby im- power the selectmen of the toune to joyne w"^ the militia for the finishing thereof, and for their furtherance heerein doe referr them to the lawes already published. In answer to the request of George Carr, Sen, who keepes the ferry ouer Oeorg Carrs Merrimack Eiuer, the securing whereof for the coinon passage of poasts, P'"^^''.*'' '''=^P« souldiers, & travellers, «& variety of other occasions, is of very great concef- ment vnto this colony, which, if neglected, may proove eminently pjudicial & dangerous to the country in generall ; for preventing whereof, it is heereby ordered by this Court, that the sajd Carr, shipwright, shall haue a garrison, & the full number not exceeding seven men, free from impresse, prouided the sajd Carr doe mainteyne his garrison & the sajd men at his oune propper & peculiar charge, and those seven men be constantly kept for the security of the ferry, & the names of those persons so improoved to be returned in to the majo' of that county. The Court, hauing spoken w"^ diuers gen'° in Boston, & desired them to Order to en- advanc for the ^sent supply of the country, & sent to others at a distance on ^^ -^^^ ^- ' the same account, the Court being neare their adjournment, judg meete to re- quest the honoured council further to promote the sajd worke by treating or sending to such other gen*° of whom they may haue expectation to receive supply^ vpon the forementioned acco*. *There being some cases depending in Court, & appointed to be heard [*86.] this day, & some others desiring the like favour, & the prouidence of God Court order as to hearing of calling vpon us at this time to attend more solemne occasions, together w*"" cases. the present awfuU hand of God against us in the present dispensation, this Court judgeth it meet to referr the answer to such peticons as are now in Court, w"'' are not already determined, & also such cases as were appointed to be heard, vnto a more convenient tjme, when the Court will glue timely notice to persons concerned to attend them for an issue ; and that there be an application to those things w"'' concerne the warre, that so the Court may adjourne. "Whereas Joseph Dickinson, of Squakeage, deceased, did, in his life time, Ans' to Dick- make sale of a certeine house, lands, & meadow vnto Mathew Gleason & '"^°"^ ^^ • VOL. V. 12 90 THE RECORDS OF THE COLONY OF Comissarys power to con- tract for pro- Secretarya al- lowanc. M' Deane joyned w*** Cap' Rich'ds, M' Vsher, &c, comittee for y« army. Cap* George Corwins trjall. [*87.] Courts senteno his comaud of y troope of horse taken from him & fined 100" to y» country. The country to pay half y*" wages of y« garrison soul- djers at Had- ley, Northamp- ton, &o, after such a time. Samuel Langton, both of Northampton, & they hauing payd & secured the pay according to agreement, and forasmuch as the sajd purchasers haue no legall assurance of sajd house & land, vpon a motion made in behalfe of the sajd Gleson & Langton to this Court, the Court judgeth it meete to empowre Phoebe, the widdow & relict of sajd Dickinson, to make firme deeds, according to law, to the sajd grantees. The present condition of our forces abroad being such as calleth for a speedy supply of necessarjes, it is ordered, that the comissaryes shallbe & hereby are impowred forthw* to contract w'^ any man or men for prouission, bread, & porke, &6, as they shall be directed to, for ready mony, to be payd ■w^in one tenn dayes, chardging their bills on the Tresurer for the payment thereof w^in that time. In consideration of the secretary" extraordinary paynes & service since the begining of the warr w*'' the Indians, it is ordered, that the secretary be allowed twenty pounds ouer & aboue his stated salery for y° yeare past. It haiung pleased God to take to himselfe Cap? W™ Dauis, M"^ Thomas Deane is appointed to joyne w*"* Capt Jn" Richards & M"" John Vsher for the auditting of the souldiers debenters. The Court, being sensible how much it coucernes the welfare & safety of this country that order be attended by all officers and souldjers, and there being too much appearance that Capt George Corwin hath given very evill example in his demeano'^ & carriage to Capt Hinchman, which tended to dis- turbe & mutinize the souldiers vnder his comand, judge it necessary, that *the sajd Cap? Coruin be further qusestioned, & proceeded w* as the case may re- quire, for the prevention of the like disorders, and to stop any clamo'^ against the gouerment of partiall proceedings, that poorer men are punished for lesser offences, when richer men escape w"' greater ; and therefore doe appoint this case to be heard this afternoone at fower of the clocke, & that the witt- nesses be sumoned to appeare at the time. This Court, having heard & considered the case of Captaine George Cor- win, as to his carriage towards Captaine Hinchman, the coinander in cheife ouer the forces now out against the ennemy, his orders for the service of the country, doe judge, that the sajd Captaine Coruin hath mannifested great con- tempt of authority therein, and hath giuen very ill example in these times of danger, tending to dissolue that good discipline that is of necessity to be kept vp ; and doe therefore take from him, for his sajd offence, his coiiiand ouer the troope of horse of which he is captaine, and doe also sentence him to pay a fine of one hundred pounds in mony to the country. In answer to the desire & motion of the comittees of Hadley & North- THE MASSACHUSETTS BAY IN NEW ENGLAND. 91 ampton, the Court, on consideration thereof, declare, that the one halfe of the 1676. garrison souldjers in those tounes be, by the comanders there, dismist, as are " ' ' 6 May. most vncapable of staying there, as shall be directed or otheruise knoune ; after w'* being donn, the country shall pay the wages of the other remayning halfe of the sd garrison souldjers from that time. The whole Court, being mett together, ordered, that the majo"^ for the Courts order to . „,.,. ,. , 1 y^ majors of county of Essex, Daniel Dennison, Es^, forthwith issue out his orders to the Essex, Suffolk, comittees of militia in the seuerall tounes in that regiment for the raysing of Mid«ex, &Nor lOiiv* XO r£ll S6 their seuerall proportions of eighty able foote souldjers, well and compleately y* proportion ai'med, & furnished w™ ammtion & sixe day' proUission for each soul- djers, &c. djer ; — That the majo'' of SufFolke doe in like manner send forth his orders to the comittees of militias in the seuerall tounes of that regiment for the like proportion in all respects as aboue ; — That the majo'' of Mldlesex doe in like manner send forth his like orders for the raysing of seuenty like able souldjers out of his regiment, & see that they be alike compleately armed and furnished ; — *That the majo' in Norfolke doe in like manner send forth his orders for [*88.] the raysing of thirty like able foot souldjers, compleately armed & furnished as aboue ; — That the majo'' generall issue out his orders for the raysing and proper- Y» major gen. D ~ • • i- 1 *° proportion tioning of eighty troopers, compleately, w*"" armes & amnition, proportionea ^ j,^;^^ ^jg^ty out of the seuerall tounes in Essex, Suffolke, and Midlesex, & No,-folke, & ^t'le troopers out of J" seu" the Three County Troope, who is also desired, ordered, & impowred to re- reg»ts, &u. paire to Concord on the last day of this moneth, at their randevous, and see that the sajd numbers be there, compleately fitted & furnished, in all respects, for the service of the country, and what he shall finde either absolutely vnfitt or supernumerary, it is left to his wisedom to proportion according to the number sent to order & dismisse ; — And that the seuerall majo''^ send forth their warrants for the impressing y« majors to of theire proportions of one hundred able & fitt horse, w"" men, one man for ^"JdreVabie two horses, for baggage horses & to carry the prouissions to the randevous, to ^"'^J^^'^^"^" be there by the thirtieth of y' instant ; — And that Majo"^ Gookin & Cap? Samuell Hunting prouide & procure seventy able Indians, fitt & ready, by the SO'" of y= instant, to march out w*'' ^^_.^^^^J^ the forces on the country^ service. pouer & order -,r f T-\ • 1 T 1 Tv,r to pvide jivis- It is also' ordered, that the comissarjes, M"^ Jn° Eairweather, John Morse, g;„„g f^^oo & Nathaniel Willjams forthwith, by their contracts, prouide & procure suf- ^^^°' * ;;|^'^*° ficient prouission of bread, porke, M, of all sorts, w"' proportionable amnition 30 May. 92 THE EECORDS OP THE COLONY OF 1676. of all sorts, for five hundred men for one month, ordering & seeing that they "" ' be at Concord by the thirtieth of this instant. ' 7' In answer to the petition of John Harrison, it is ordered, that his case Ans' to Jn" ^ Jinrrison peti- therein mentioned be heard next 3* day after noone ; that the secretary give con ; fi more t i i, j leasuraLie Order that all persons concerned attend accordingly ; W"^ was donn. *'r' Tflt In ans' to the motion of Phillip Nelson, relating to the strengthning of eci. Vide ofa. ■*■ Ans'toBrad- Bradford garrison, it is ordered, that the majo' generall send them out of fords request, jj^g^igy twelve men, according to their owne proposition, to be at the chardg thereof themselues. Alls' to y In answer to the petition of the selectmen of Springfeild, in behalfe of r rin^feiid's'' *^^^^ inhabitants, it is ordered, that, in regard of the great losses they haue petioou. susteyned by the ennemy, that for what country rates shallbe levyed vpon that toune, before the vsuall time wherein our annuall rates are to be made, that the select men of the sajd toune make a new list, both for persons and estates, w'^'out any further order from the Treasurer, as at other tjmes, & so pay not refFerring to any former lyst. [*89.] *This Court, being informed by Capt Hinchman of his desire to be vpon Order for pro- suddaine motion, doe order, that suppljes of men & provissions, according to uisions for the . . , ^™ « -,.-1-. army w'^out former order, be forthwith raysed, and the sajd Capt Hmchman ordered to e ay, &c. . ^g^j.^,]^ ^]^g ggj^ forces vnder his comands against the cornon ennemy without delay ; and that the garrison souldjers at Hadley, &3, be improoved for the disresting of the ennemy in those parts, Connecticott being desired to aiford us one hundred of the Pequotts & Mohegins, w*'' some English, to joyne w"' them and with others of the Indians & English there, for to range the Narro- ganset country ; & that a motion by this Court be made to the council of Plymouth to rayse an hundred men, & to joyne w'* them as many of the Cape Indians, to rainge about their frontjers & vp the riuer as farr as Mendham ; and that the warr on foote shallbe mannaged to the vtmost of our ability in a con- stant & setled way, w"^out such intermissions as may proove greatly to our disadvantage & the encouragement of the ennemy. 1. For the more speedy & vigorous psecution of the warr, it is ordered by this Court, that victualls & amnition, & all other necessarjes, be prouided and forthw'*' sent to fitt places. 2. And that letters be forth with sent to Connecticot to send forth one hundred men, w**" such Pecquots & Mohegins, 65, to joyne with our garrison souldjers at Hadley, ISTorthampton, Springfeild, 66, & to agree vnder what comand they shall be putt. 3. And that letters of information & request be forthw*'' sent to the GoQno'^ of Plimouth to imploy what English & Indians they cann, at the same time to disrest & distresse our ennemyes in those parts and about the Narra- THE MASSACHUSETTS BAY IN NEW ENGLAND. 93 gansets; and for effecting tlie premisses, it is left to the care of the honored 1676. council of this coSoon-wealth. " ^ "^ The Courtj considering the want of prouissions for their garrisons of q^^^^ ^J^. ., ]Marlborow & Quoboag, who are in distresse, together w'** the wants & sick- '°g '"i' "i« army provis- nes in the army, doe order, that all the sicke or necessitous persons in the sions, &c, & army be licensed to repaire to their oune homes for ten dayes, and that forty ^^^^/g^^ or fiuety of the ablest be reteyned & quartered in Sudbury & Concord, & be imployed to guard vp provissions to Quoboag, Marlborow, & other magazines, which are w*^ all expedition to be sent vp, and in the meane time baggage horses be provided, and euery regiment enjoyned to make vp the full number of souldjers, both horse & foote, designed at their first advance, and that the souldjers now to be licensed be enjoyned to appeare at Concord with the recruits on Wednesday, the last of May, at their vtmost perrill ; what remajnes of force besides the convoys, Capt Hinchman is ordered to improove them for the security of the frontiers, vntill the prefixed time of recruite. *To the Indian sachems. [*90.] Courts letter to Yow know wee sent our messengers according to your desire, and wee y Indians. very true heart, but yow no giue us answer in writing, by our messengers, as yow promise ; wee now send these our men, Peeter Gardiner & Jonathan Prescott, to know your minde, whither yow willing lett us haue our weomen & children yow haue captives ; and if yow haue any proposall to make to us, wee willing to heare yow ; and if yow come yourselues, wee send some of our sachems to treat yow at Concord, or some other place where best, and yow haue safe conduct ; for wee very true heart, and yow tell your people so. By the Court. EDW: RAUSON, Secret. Instructions for the messengers that are to meet the sachems on Thirsday Instruction to y» messengers next. going to the Indians, i. e., Yow shall make all possible speed onward towards the Indians, that so Peter Gardner^ yow may not fayle to meet them at the time & place appointed. ^g ' Yow shall acq^uaint the sachems, or such as they shall send, that wee ex- pected to haue received an answer to our last letter, and are so much the more dissatisfied at their neglect of us therein ; because, hauing not received any direct answer to our former messuages, wee did in this last presse our majne errand about the redemption of all the Enghsh captives so possitively & clearly, that it could not but be very well vnderstood by them, and that it would not please us to be so long delayed, and put vpon sending so oft to them ; and 94 THE RECOKDS OF THE COLONY OF [*91.J therefore yow must now insist vpon this matter of the captives in coraon so fully as to bring it to effect, that wee may know their mindes. This yow are to doe in the fSrst place, before yow treate for any of them in particcular. If they propose to treat w* the English about the issuing of the warre, & haue any reasonable offers to make for that end, yow shall let them know wee will heare & consider what they haue to say, but are not very willing to meet them in the open woods, but at some convenient garrison, where they shallbe safe & our messengers more conveniently accomodated. If they come at this time w"^ any expectation of meeting w"" any persons of quallity sent from us w*'' power to conclude anything, yow shall tell them that it is theire oune fault that it is not attended, in that they did not signify to us that they desired so much of us, and that they would come in order therevnto ; but, howeuer, if they professe to be so in a readynes, & will but stay, wee will forthwith send such persons to them ; & in this case gaine as much intelli- gence as yow cann what they are like principally to insist vpon, & give us speedy notice of it. Finally, yow are to mannage your whole treaty w"' clearenes *& confi- dence, that so no pannick, feare, or weaknes of minde may appeare ; & lett them know that the English are resolued to make warr theire worke vntill they injoy a firme peace. Enquire also concerning their present state as to health, supplys, motion of Mohauks, &6. By y» Court, EDW° EAWSON, Secret. Ans' to Alice Thomas peti- ojn. Cap' Moselys proposalls for volunteers. Committee ap- pointed to dis- course him, &c. In ans^ to the petition of Alice Thomas, humbly desiring the favour of this Court to readmitt hir as an inhabitant of Boston, &6, the Court judgeth it meete to referr the petiooner to the next County Court for an answer. This Court, being informed of Capt Moselys forwardnes to engage in the countryes service in the capacity of a coinander ouer such volunteers as may hereafter present themselues, it is ordered, that Majo' Jn" Pinchon, Majo*^ Thomas Savage, M"^ Humphry Davy, & Cap? Laurenc Hamond be a comlttee to discourse Captaine Mosely in refference to such propositions as he may offer touching that affaire, to consider thereof, & to present to the Court or council what they shall judge as meet ^ expedient for the promoting & encouraging of such a designe. Capt Mosely readily presented these following proppositions : — 1. That they may in all respects be vnder the same priuiledges w"" other souldjers impressed, pticcularly to haue their wounded men provided for at the charge of the country. 5 May. THE MASSACHUSETTS BAY IN NEW ENGLAND. 95 2. That he may haue liberty to procure fiuety or sixty apt or other 167 6. trusty Indians, to be armed at the countrys charge. 3. That neither he nor any of his company may be ordered to keepe garrison, but maybe alwayes at liberty to seeke out & molest y" ennemy. 4. That he may not be ordered vnder the comand of any comander in cheife that is or may be sent out, vnless, vppon a suddaine exigent for the speciall service of the country, there shallbe occasion of joyning w"" the other forces for their strengthning, but not to be obliedged to continue w"i them longer then y' emergency may require. 5. That his comission may be as large as may consist w"' the safety of the country, & not to be bound vp in his marches or executions to particular places, but to leaue it to their best discretions for destroying the ennemy, excepting only speciall orders from Generall Court or council on speciall occasions. 6. That the benefit that may accrew by captives or plunder, y' maybe divided among' themselves. To which the coinittee added, — 1. That he ought to haue all due encouragement in this affaire, & doe Comittees judge his propositions rationall & to be granted. And, as an expedient for the mannagement thereof, they propose, — 1. That a declaration be issued forth for, & persons appointed (i. e., the coinittees of militia) in the respective tounes, to take subscriptions from persons willing and able to beare the charge of wages *& provissions for the supply of [*92.] these volunteers for two months from the time of their march ; & if the charge shall surmount the contributions, in such case the country to compleate it. That the country, vpon the publick charge, supply them w"' suiEcient amni- tion for sajd service, and doe advance tenn dayes provission for their present sup- ply at their marching forth, and that they may be quartered in tounes whither they may necessarily come at the publick charge, as other souldjers are. That a standing coinittee be appointed to mannage this affaire, to whom Their propo- the militias shall send in their respective subscriptions, who shall order the payment of wages by debenters from their comander, & rajse prouissions & clothing, and take effectuall care for sending the same to them from tjme to tjme, (the charge of transportation to be the countrys,) to be pajd by order of the sajd coinittee to the respective militias by & according to the subscrip- tions ; and that the honnoured council be pleased to impower the sajd coinittee to act accordingly. And in consideration of the necessity of the vigorous prosecution of this warr, w*'' the great diificultjes the country at present labors vnder to rayse mony, provissions, & clothing for the souldjers imployed, they propose that a 96 THE RECORDS OP THE COLONY OP declaration or instrument be prepared & issued forth from the Court or coun- cil to the inhabitants, that such as are able may be stirred vp to give, or lend, or both, the country such a summe of mony & prouissions as may helpe to discharge the publick necessary debts contracted & contracting in the man- nagement of this warre, what shallbe lent to be pajd w^'in the compasse of three yeare ; and that, vpon the next publick day of humilliation or thanks- giving that shalbe appointed by authority, the elders & ministers of the respective tounes be desired to stirr vp & exhort the people thervnto. Subscribed by JOHN PYNCHON, HUMPHRY DAVIE, LAUEENC HAMOND. Courts appro- bation of the comittees re- tvirne. The Court allowes, approoves, & confirmes the returne of the coiiaittee as an act of this Court; & for the further prosecution hereof to effect, it is refferred to the coinittee to draw vp the declaration mentioned ; and it is further declared, that no mans sonns or servants be taken or listed w'^'out or against the consent of their parents or masters. 20 May. On the 20"" of May came to the councils hand a letter, signed by Jn° A letter reel AUin, Secretary, in the name of the council of Hartford, on Conecticot, which from Conecti- J j y cot, & is on was coinunicated to the Generall Court then sitting, who returnd an ans' file of 20 May, 7g. thereto, & is as lolloweth : — [*93.] Courts ans' to Conecticots. *Hono'"ed Gent" : — Yours of the 20"* instant came to hand y° 24*. Our wondering at your so long silence hath binn no lesse then yours exprest. Considering that since our forces were called of from those parts, they not finding any ennemy, notw**'standing endeavo", after such patient wayting, and the ennemy in such a body as sixe hundred appearing at Sudbury & Marlborow at seuerall times, doing mischeife by theire burnings of deserted houses, yea, endeavours to attack some fortified houses, & carrying one newly left, killing many here & there, (of which notice hath been given,) w"*^ occasioned us to leaue a sufficient gar- rison in those tounes, & draw of our forces to vissit, had it binn feazeable, the head quarters of the ennemy at Watchusets ; but divine Prouidence ordering it that our forces, by weaknes & wants, could not atteyne that end, new forces were raysed, vpwards of three hundred men, horse & foote, w**" forty Indians, comitted to the conduct of Capt Daniel Plinchman & seuerall captaines vnder his coinand, who since hath oppertunely, by sending out partjes, discouered the ennemy by our Indian scouts as fleeting vp & doune, and by a party of ■ Y 20 May. THE MASSACHUSETTS BAY IN NEW ENGLAND. 97 horse, under the cofnand of Capt Thomas Brattle, on the 5"" instant, be- 1676. tweene Mendon & Hassanemeslt, the Indians discovered the ennemy, fell on them, the horse pursuing them, kild atwenty, of which were fower squawes, tooke seuerall armes & plunder that they found in the pursuite. The season was wett ; the ennemy quickly gott into the swamps ; they were all disperst ; none of the troopers or scouts wounded, blessed be the Lord. On the Si"" instant, the sajd Capt Brattle, w"^ a troope of horse, about fiuety, sent out to the pursuing of the ennemy that had newly donn spoyle at Seaconcke, when, coming w"' a 'smale party of foote there, marcht to the falls of Pacatucke Eiuer, being on Seaconke side. Spying Indians on the other, side, left the foote on Seaconck side, the horse, marching vp the riuer about a mile, w"" some difficulty got ouer, marcht daune to the ennemy, put them to the rout imediately, kild seuerall of them, tooke seuerall armes, w'*" amnition, keetles, & other things, w*^ two horses ; burnt great store of their fish they had catch'^, w"" coates & shooes they had left behind. One man was lost there, & Cornet Elljot wounded in the hand, the dead man carried to Seaconck, and buried there. An Indian boy was taken, that, on examination, affirmd this party of the ennemy was 3 or 4 hundred, & belongd to Nepsuchnit. Thus God is pleased to mixe his smiles with his frounes. The season sickly ; our forces disabled at present ; but we haue impressed, & hope by the first of June, at farthest, to be out w* fine hundred, horse & foote, & Indians, *on the vissiting of the ennemyes head quarters at Watchu- [*94.] sets, taking it in their march to Hadley, to joyne w"' y^ forces & Indians, w'='' we hope & desire may be proportionable to pursue & distress the ennemy, (if God please.) Our forces haue it in coinand to make no stay, but to march vp to those parts in expectation of your forces to joyne w*'' ours. Wee doe also acknouledg your neighbourly respects in your sending eighty men to strengthen those tounes. Wee also finde the Indians heere abouts doe but dally, & intend not peace, therefore concurr w"^ yow in a vigorous prosecution of them ; haue coiiiunicated our thoughts, as well as help, to the GoQno'^ of Plymouth, from whom yesterday received his concurrenc in y* affaire, and assurance that what is in their power now is, & then shall be, out to scout in those parts. Coinending your «fe our endeavo'^s to the gratious guidance & blessing of the Almighty, remaine, hono"''^ gent". Your affectionate frends & confoederates. The Generall Court of the Massachuset. & signed by their ord'. EDW: EAWSON, Secrei Ans' to Henry Despaws peti- In answer to the petition of Henry Despaw, Sen, of Lyn, the Court con. VOL. V. 13 98 ^THE EECORDS OF THE COLONY OF judgeth it meet to referr the consideration and answer thereunto to the hon- oured council, to make such prouission in the case as they shall judge meet. [Blank in original record.] *The case of D"^ Bellingham, referring to his fathers will, hauing been often ordered an hearing, but, through other vrgent publick occasions, hitherto delayed, and M"^ Wharton, his agent, being shortly to goe for England, it is ordered, that all partjes concerned be warned to attend to morrow by eight of the clock in y' morning, and that then this Court will giue them an hearing to an issue. Es^s 9 August. Att a speciall Generall Court, called and assembled together by Order of the Council, in Boston, the 9"" of August, 1676. P^SENT, Jn" Leueret, Es^, Go?, Sam Symonds, Es^, Dep* Gov. Symon Bradstreet, Daniel Denison, Thomas Danforth, W"° Hathorne, Edw-i Tyng, W™ Stoughton, Thomas Clarke, Joseph Dudley, The name of y« deputy y' was returnd & seru* at y" Court were, • Sai : M"^ Hen Bartholmew. Ch : Capt Laurenc Hamond, IVP Tho Graues. Dor: Left Jn° Capen. B. : M-^ Antho Stoddard, Capt Tho Clarke. Box. : M'- W"" Parks, M>^ Tho Weld. Wa' : Capt Hugh Mason. Cam* : M-^ Edw Ooakes, M-^ Edw Jackson. Lin : M"" Jn" Fuller. Ips : Majo' Sam Apleton, M"^ W"^ Goodhue. New : M"^ Samuel Plumer, Ensi Stephen Greenleafe. Wey. : M' Tho Dyer. Hing : M' Nath Beale. Con : M'^ Peeter Bulkley, Cap? Jn" Hull. THE MASSACHUSETTS BAY IN NEW ENGLAND. Ha : M' Sam Dalton. How : M' Maximli Jewet. Do : M' Richi Waldron. Bra : M"^ Sam Thompson. Wo : M' Humph Davy, Lefi W" Johnson. Maid : Cap! Jn° Wayte. Glo : M' James Stephens. Portsm' : Jn" Cutt. Kit : M"^ James Emery. Wells : M"- Franc Litlefeild. Had : Capt Jn° Richards. No-^ Ha : Ensi Hen Philips. Chelm : Left Tho Hinchman. M"' Job Lane, Billi. Capt Dan Fisher, Dedh". Capt Georg Barber, Medf. M"^ Edw Rishworth, Yof. M-- John Dodge, ^ . it Peter Bulkley was chosen Speaker. ATT the opening of this Court, the Gouerno"^ declard the grounds of sumoning this Court — the recepjt of a letter from his majesty, &6. The Court, being acquainted that many of the reuerend elders were in touue, agreed & sent the marshall to them, & that they desired their ;Psenc & advice in so momentuous a matter. Agreed vpon the question, & sent it to them, w"'' was, — Q. Wither the most expedient manner of making answer to the com- plaints of M'' Gorges & M"^ Mason, about the extent of our patent Ijne, be by sending agents or attourneys to answer the same, or to answer by writing onely. The answer of the elders to the queestion proposed to them as aboue. Ans'. Itt seemes vnto vs the most expedient way of making answer vnto the complaints of M' Gorges & M'' Mason, about the extent of our patent lyne, to doe it by appointing agents to appeare & make answer for us, by way of information at this time & in this case ; provided they be, with vtmost care & caution, qualified as to their instructions, by & according vnto which they may negotiate that aifayre with safety vnto the country, and with all duty & loyalty vnto his maj'je in the preservation of our pattent libertyes. 100 THE KECOKDS OP THE COLONY OP [*96.] Elders advise d^inbyM'Tho. Cobbet in all yir names ; 24 p'sent. Courts resolue. Coiiiittee to prepare. Comission's to examin & take oath. Letter & in- structions to be draune for a meet p'son. Our reasons are, — 1. The justice of his majestjes coinand, requiring us to giue our answer in this way, and to send an answer in writing only. Wee know not but some may interpret it to be a non observance and contempt of his majesties coinands. The rightful! comands of politicall fathers ought to be obeyed for conscience sake. Rom 13 : 5 ; Tit 3 : 1. 2. The justice of our cause, which wee ought by all lawfuU meanes & wayes to maintejne. Judges 1 1 : 14, &<5. 3. It is doubtfull vnto vs, whither an answer in writing onely will or may be accepted as any answer at all as the case now stands, or whither it will be credited whiles wee shrinke from it by our not imploying agents, limited as aforesajd. 4. Lest our non appearance should grattefy & give advantage vnto our adversary" to proceed vnto the obteyning a determination against us. *5. The succesfuU service which former agents thus imployed, in way of information, haue don for us, and Gods blessing vpon us in the improovement of this medium in times past. 6. Wee vnderstand that our freinds in England judge it both expedient & necessary. 7. Agents can most readily & fully answer all objections & complaints of M"^ Gorges & M"" Mason in this present case, nor can our pleas and argu- ments be so pointed & pursued. Pynally, some may interprett our not imploying agents to answer as aforesajd, that wee are afrajd to appeare in our owne defence personally. In order to answering of his maj*^^^ letter, and the two petitions of M"^ Mason & M' Gorge relateing to our patent lyne in the sajd petitions, this Court doeth order that Symon Bradstreet, W™ Stoughton, Joseph Dudley, Es^s, M'^ Peter Bulkley, Majo"^ Richard Waldron, Cap? Jn° Richards, M' Humphry Davy, Capt Daniel Fisher, and the secretary being added to y™, be a comittee to draw vp an address to his majestjes, as also a full & large relation & declaration of our case relating to these petitions, inserting therein all euidences & testlmonyes vpon oath that maybe obteyned for cleering & prooving all our allegations & assertions therein conteyned, (and that in order therevnto a coinission be granted vnto Majo'^ Rich"^ Waldron, Capt Elias Styleman, and M'' Edward Rishworth, or either of them, to examine wittnesses & take their depositions,) and that our coiiiittee draw vp a letter & instruc- tions to some meet person in England, vnto whom we may send (by some fitt person from hence) the address to his maj'y, and our answer to the petitions as aforesajd, ordering & desiring him to deliuer the same to his maj*^ accord- THE MASSACHUSETTS BAY IN NEW ENGLAND. IQl ingly, and to appears and make answer for us by way of information, as the 16 76. case may req^uire, and that this Court be adjourned vnto the sixth day of Sep- ' '■' ' tember next, at nine of the clocke. Whereas the Treasurer is ordered by law to issue forth his warrants for Tres' order to 1 . . f* n • 1 f-ft, 1 1 • 1 issue out his taking an estnnate or all mens estates in the 5"" moneth, which, vpon some ^-arris. occasions, hath been omitted, it is therefore ordered, that the Tresurer issue forth his warrants for the taking an estimate of all mens estates in the seuerall tounes this moneth accordingly. It is ordered, that Capt Thomas Prentice doe send forth some of the Cap* Prentice Indians that haue submitted themselues to the justice of this Court, to fetch o^^ Indians in or destroy the ennemy that yet lyes out, and in case they bring in any of *''• the sachems, they shall haue a suiteable reward. It is ordered, that the souldjers of Meadfeild & Dedham that lately went lO' a man for forth on the countrys service, & brought in seuerall Indians, for theire en- jjeiifeiid soui. couragement shall haue ten shillings ouer & aboue their wages, bringing a ^^'^'^■ noate from Cap? Daniel Fisher that they were the men in that service. *In answer to the peticon of Anthony Low, humbly desiring the favour [*97.J of this Court, that an act of indempnity be past for the former miscarriages ^"^' *" Antho. Lowes peticon. of his wife, Francis, (formerly Francis Arnold,) she hath binn guilty of, or His wives lib- suspected for, & that she may haue liberty to returne w*out feare of being qusEstioned or troubled, &d, the Court judgeth it meet to grant the petiotiners rec[uest. It is ordered, that the case of M' Samuel Bellingham, depending, be M'Beiiing- 1.111 n c^ 1 hams case to heard at the next meeting of this Court on the eighth day ot September next, ^g jjgard 8'" at nine of the clock in the morning, and that all persons concerned haue no- ^f'' tice by the secretary accordingly. There hauing binn an omission at the Court of Elections to constitute Associate in persons in magistratticall power for the county of Dover & Portsmouth, it is mouthinvested ordered, that the present associates in that county for the yeare ensuing, in- '^''' magistiati- ' -^ •'■''-' call pouer. vested w"" magistratticall power, shallbe Majo"" Richard Waldron, Capt Elias Styleman, M'^ Richard Martyn, & Capt Thomas Daniel. In ans' to the petition of seuerall freemen & inhabitants of Yorkeshire, Major Wai- _ /.I 11 111 dron invested humbly desiring that Majo"^ Richard Waldron, of whome they haue had larg „.,i magistrat- experienc, maybe invested w*^ magistratticall authority in the county of York- '^°Ym'kshire'^ shire, as formerly, for the yeare ensuing, the Court grants their request. ^^^^ ^^ ^^._^^_ In answer to the petition of Elisabeth Adkinson, widdow, the Court bethAdkin- ^ n T I • ^^"^ peticon. judgeth it meete to referr the peticoner teethe County Court tor sethng hir ^^^^.j^ ^^_ estate, as the law directs, & respits any further answer till that be issued. ^"^"^'^,'2^- The case of D' Samuel Bellingham, referring to his fathers will, hauing linghams case. 102 THE RECORDS OF THE COLONY OF 1676. bin often ordered on hearing, but, through other vrgent publicke occasions, hitherto delayed, and M"^ Wharton, his agent, being shortly to goe for Eng- land, it is ordered, that all partjes concerned be warned to attend tomorro-w by eight of the clocke in the morning, and that then this Court will giue them an hearing to an issue. M"^ Eichard Wharton, atturney, in behalfe of M' Samuel BelKngham, p'tiff, against the executors of his honno'^d ffather, Richard Bellingham, Es^, deceased, as also the sajd execcutors appearing before the Generall Court, the sajd plantiiF being called to declare his complaint, sajd that he could not well proceed, by reason of sundry of his wittnesses were absent ; and at his rec[uest both partjes are dismissed. Ansr to Phisbe In ans"' to the petition of Phebe Blanton, widdow, the Court judgeth it con" °"^ ^^ ' ^'^^^i ^0 reffer the consideration of this petition to the sessions of the Generall Court in October next. Y -" 9 August. At M' "Whar- tons request, y« case at p'sent was dissmist ffor w' of eui- denc. [*98.] *To the hono''d Generall Court now assembled at Boston, or in the vacancy Cofflittees re- thereof, vnto the honnored Goilno'^ & council. turne as Cap* ' Scottows ac- Whereas it was the pleasure of this honoured Court to appoint us, the CO', &c. subscribers hereof, for the examination & setling of such necessary arrears as doe belong vnto the county of Yorke, in order wherevnto wee applyed our- selues unto that worke, but finding some diflicultjes refferring to the accompts of M' Scottow, brought vnto us by reason of seuerall complaints sent us by Majo'' Pendleton, M"' Munjoy, & M' Foxwell, & others, signifying their dis- sattisfaction relating to those aforesajd accompts, — the premisses considered, wee judge it necessary & most conducing on all hands to generall sattisfaction, after the representation of the case, w* such allegations & prooifes as are ap- pendant to this honoured Court, humbly to request their council & advice To be heard in therein, vpon which considerations at present wee haue suspended any further October sea- . _, ^ sions. actings, r or these reasons, — 1. As complaints doe declare, euidences doe proove, M' Scottow did not any way concerne himself to take advise from or w**" any publique persons amongst us about his procuring those souldjers from Boston, and therefore is conceived to be no great reason why the county should be concerned in their payment of such vnknoune charges. — 2. M' Scottow denyed to improove those souldjers himselfe when had, or to permitt others to doe it, either for the preservation of mens Hues or estates, especially at such tjmes when tke greatest mischeife might haue binn pre- vented & the ennemy most discouraged. 3. Because M"" Scottow improoved those souldjers mostly for his oune THE MASSAGHUSETTS BAY IN NEW ENGLAND. 103 pavticcular security «& advantage, viz*, to attend his garrison & strengthing thereof, clearing pallisadoes for it, pauing his yard, remooving of his barne, cleaving his wood, w* other benefitts hinted of, but, if euidence may be be- leived, he litle minding the safety of the publicq^ue interest to releive the dis- tressed vnder their deepest calamitjes, through which neglect wee doe much feare more then a few came to be extreame sufferers in the losse both of their Hues & estates. Craving pardon for our bouldnes, wee take leaue to subscribe our selves your humble servants, NICHOLAS SHAPLEIGH, EDW: EISHWOETH, SAM: WHEELWRIGHT. 1676. 9 August. In answer to this returne, the Court judgeth it meet to refferr the con- sideration heereof to the sessions in October next, when all partjes concerned, having notice given them then to appeare, may mannage their concernes before the Court in order to an issue. *J.tt the Sessions of the Generall Court, specially called, sitting in [*99.] Boston, the 6'* of September, 1676. Pkesent, Jn° Leueret, Es^, Goi3, Sam Symonds, Es^, Dep' GoQ. Symon Bradstreet, Daniel Denison, Thomas Danforth, W" Hauthorne, John Pynchon, • Es^s EdWi Xyng, W™ Stoughton, Thomas Clarke, Joseph Dudley, 6 September Deputyes present returnd to serve in August came also, & served at y" session, som 3 or 4 excepted. CONSIDERING the great charge doeth dayly accrew to the country by keeping of country horses in Cambridge, Roxbury, & other tounes, it 104 THE KECORDS OP THE COLONY OF is ordered, that all country horses that are left at any tonne, by souldjers or others, vpon publicque charge, & shall there continue abone one month w*''- out any owno"' challenging, shallbe by the coinittee of militia of each toune sold to best advantage for the country, & the price payd in to the country Treasurer. In ans' to the petition of the inhabitants of Meadfeild, the Court refFers the consideration thereof to y^ October sessions. In ans'' to the petition of the troopers of Salem & Lynn, humbly de- siring this Courts favour that their late captaine, Capt George Coruin, may be restored to his former comand ouer that troope, the Court judgeth it meete to grant their request, & he, the sajd Capt George Coruin, is heereby restored to his former coinand ouer that troope. In answer to the petition of Ealph Haughton, of Lancaster, it is ordered, that the petiSoner be payd for his disbursments mentioned in his petition by the execcuto's of the late Tresurers, in case there be so much in his hands, or in defect thereof by the present Treasurer, his oune rate amounting to six pounds to the country, being discompted. Major Hau- thorns farme layd out, re- turnd & cou- firmd. Layd out to the worpff'^ "Willjam Hauthorne, Es^*, six hundred & forty acres of land, more or less, lying in the wilderness, on the north of Groaten Eiuer, at a place called by the Indians Wistequassuck, on the west side of the sajd hill. It begins at a great hemlock tree standing on the west side the sajd hill marked with H, and runns north and by east three hundred and twenty pole to a maple tree marked w"" H ; from thence it runns west and by north three hundred & twenty pole to a stake & stones ; from thence it runns south & by west three hundred and twenty pole to a great pine standing in a litle swampe marked w"^ H ; from thence it runns east & by south to the first hemlocke. All the Ijnes are rvnne, & the trees well marked. It contejues a mile square, and is lajd out exactly square, as may easily be demonstrated by y" platforme thereof inserted vnderneath, & is on file. JONATHAN DANFORTH, Survejo^ The Court allowes & approoves of this returne, so it interferes not w*** former grants. *In ans'' to the petition of W™ Rauson, humbly desiring the favour of this Court to grant him a hearing of his case lately trjed at the Court of Assistants [*100.] Ans' to W» RawRons peti- oons as to hear- last, wherein he was plaintiff ag* M' Habbacuck Glouer, M' John Glouer, & M' Pelatiah Glouer for a just diuission of Newberys farme, left by the last THE MASSACHUSETTS BAY IN NEW ENGLAND. 105 will of M'^ John Glouer, Sen, to be sexually diuided betwene Habbacuck 1 6 7 6i Glouer, Nathaniel Glouer, John Glouer, & Pelatiah Glouer, & their heires, "i^ the sajd Eauson marrying Ann, the sole daughter of sajd late Nathaniel Glouer, & his proportion of the rent thereof, as in the sajd will more amply M'ill appeare, refference thereto being had. Also, to grant him a hearing of his case wherein he was plaintiffe against Abraham Briggs, deffendant, for his illegall & injurious suing & improoving his servant, W™ Hukely, so as he hath binn & is deprived of him, to his great damage, being deliuered to him by execution, &6, the Court judgeth it meet to grant the petitioner a hearing of these cases at the sessions of the Generall Court in October next, and that partjes concerned may haue due notice to attend the Court for the issue thereof accordingly. This Court, hauing fully heard and duely considered the case refferring The last -will of to the instrument called the will of Richard Bellingham, Es^'j late Goflno"^, BeiUngham, deceased, together with the seuerall pleas and allegations of M' Richard ^^i'' ™^'*^ null & voyd in Wharton, atturney to M'" Samuel Bellingham, plaintiffe, against the legallity law. of the sajd will, and of M' James AUin & M'' Anthony Stoddard, appointed ffeoffees in trust, and executo's to the sajd will, deffendants, doe give their judgment in the case, that is to say, that the sajd will is illegall, & so null and voyd in law, and orders the chardg of hearing this case to be tenn pounds, as costs, to be payd out of the estate of the deceased. In answer to the peticon of Ichabod Wisewall, James Giles, & Richard Garrison to j« Collecot, in behalf of the distressed inhabitants of the county of Devon', it is toy council to ordered, that some convenient place w'^'in our pattent in the eastern parts may ^^*^®' **=• be so garrisoned & furnished w* men & amnition as may be sufficient to keepe possession & mainteyne our interest there, & also to issue forth to the damni- fying of the ennemy, & that the men improoved in this service be those persons who haue lately deserted their habitations there, so many of them at least as are fitt for such imploy, and the mannagement of this, both as to place & nomber of men, &3, is left to the honoured council. In ans"^ to the petition of M" Jonathan Tyng, this Court doth order, and Ans' to Jona- ^^^_ , -p- ^«.-r than Tyngs hereby appoint Symon Bradstreet, Es^), M"^ Humphry Davy, Oapt Laui-enc p^yg^^ Hamond, & Capt Wayte to be a comittee to enquire into & setle his account, vnderwritt his peticon, together w*"" the account of Leif t Hincksman, or any other of like nature, & to returne the same to the session of this Court in October next, for their approbation, or otheruise, as they shall see cause. L lOl.j *In ans"^ to the petition of M' Richard Wharton, atturney to M"^ Samuell tiJ""y!''^g. Bellingham, the Court judgeth it meet that administration to the estate of ^*® "g^'" !*'^ Richard Bellingham, Es^, deceased, be granted vnto M' Samuell Bellingham, ham, Esq'. VOL. V. 14 106 THE KECORDS OF THE COLONY OF 1676. son to the deceased, and in his absence, to his laufull atturney, by the secretary, ^ '' ' ' and that Edward Ting, Es^, Capt Lawrence Hammond, and Capt John Comittee to ' Wayte be a comittee appointed to examine the accounts of the ffeoifees and ex- exammey eccuto'^s, SO called, to the pretended will of said Richard Bellingham, Esqi>, who are to make report of what they shall doe in pursuance hereof to the session of the General 1 Court in October next. It is ordered, that the addresse, w"" the declaration annexed, be sent to his maj'y by the hands of W"" Stoughton, Es^, and M'' Peter Bulkley, to pre- sent the same, w**" such council as they shallbe advised to take vnto them- selues there to mannage the same, to effect : — To the Kings most Excellent Majesty. The humble petition & address of the GoQno'^ & Compa of the Massachusets Bay in New England, in Generall Court assembled. Most gracious & dread Soueraigne : — What the calamitous & deeply distressed estate of this your maj'^*'^ colony, (in conjunction w* its neighbours & confoederates,) labouring vnder the wofuU and tragicall effects of more then a yeares cruel and vninterupted warr with the natives, hath been, & was, at the time of the arrivall of your jjigjiaes gratious letter by M"' Edward Randolph, relating to the clajmes of M' Gorges and M"^ Mason, hath of late been humbly informed, by the account given to M' Secretary Willjamson to bee presented to your royall selfe, w'''' wee hope hath obteyned a gracious reception, and our necessary apology therefrom for our no sooner yeilding a full obedience to your majestjes royall coinands a like acceptation. Since that tjme it hath pleased Almighty God, to whom vengeance belongeth, to plead our cause against the insolent heathen, both by laying a restreint vpon them, and thereby, for a season, giving vs respit from [*102.] their violent *and depopulating incursions, as also by making the expeditions of your loyall subjects against them in our southern & westerne parts so farr prosperous, that multitudes of them, together w*'' their sachems, principall coun- 80110% & comanders, yea, Phillip himselfe, whose head & hand were first in the designe, are cutt of & destroyed, most of the remainders being forced either to submitt to mercy, or to quitt their old and seeke new habitations farr remote in the wilderness. This singular smile of divine Prouidence gaue us faire hopes of such a calmness & composedness in our publicke affayres as might well suite with our intended convening, and best further our desires & resolu- tion of attending your royall pleasure signified to us ; but suddainly & vnex- pectedly wee are allarum'd by the irruption & treacherous villany of a new ennemy (together w"' some of the former) springing vp in those eastern parts. THE MASSACHUSETTS BAY IN NEW ENGLAND. 107 6 September. concerning which the controuersy hetweene vs & the complaynants against us 1676. doth arise, so that at the same tjme when the high (though most vntrue) im- putations & vnworthy reflections cast vpon vs by our accusers (whose confi- dence therein wee are made not a litle to wonder at) doe call us to majnteyne our title, & justify our proceedings in the court of our gracious soueraigne. "Wee are necessitated once againe, with the vttermost hazard of our persons & great expence of our estate (so deepely exhausted before) to defend the liues of yo"^ majestjes subjects in those places crying aloud for succour, & to dispute your majesties & our oune possession in the dismal deserts w*'' a bloody and barbarous ennemy, yet are wee, royall s% most willing in observance of your maj'"^ comands, (humbly craving that benigne construction which the favour of our patent entitles vs vnto, & your majesties princely candour suffers vs not to doubt of,) to offer our pleas, & produce our euidences in this matter, which, being weighed in the ballance of yo' royall & impartiall judgment, will appeare (wee presume) such as will abundantly cleare vp our right to those easterne parts to be vndoubted, according to the plajne intent and necessary sence of the words of our patent, and sufficiently make it appeare that our ad- iiinstrations of goverment there haue been no ways derrogatory to your maj'^*^ honno', nor prejudiciall to your royall interest in this wilderness, but many wayes beneficiall, as also sattisfactory to the inhabitants, your *majestjes sub- [*103.] jects, vpon that place. Sure wee are (& heerein wee doubt not to make our appeale to the Searcher of hearts) that no intention of wrong to the claymo''s, no vnlawfuU designe of enlargment of our borders, no proffitt or advantage thereby accrewing, (the contrary whereto wee haue hitherto found,) but a grounded aprehension of our interest, reall compassion to the petitioning inhabitants in an vnsetled and suflfering condition, together w*"" a sence of duty incumbent to be faithfull to our patent trust, did cause us to receive them vnder the wing of your maj'^"^ gouernment in this colony established. The further mannagement of our defence as to these our proceedings complayned of, by a more full and particcular information, and presentment of what wee haue to say for ourselues, wee haue betrusted w* M' Willjam Staughton & M"^ Peter Bulkly, for whom, as for ourselues, with most humble prostration, wee begg your majesties countenance & favour. And heerein, great s', wee are not a litle encouraged, not only by that new & ample testimony of your majesties royall justice manifested in reserving an open eare for yo"^ poore sub- jects at such a distance, & princely favo"" in transmitting the coppies of the complaints exhibbited, afibrding time & oppertunity to appeare for our de- fence, but also by a large & long continued experienc of your maj'y''^ gratious disposition & respect to us & our concernments, that wee cannot but most G September. 108 THE RECOKDS OF THE COLONY OF 1 G 7 G. gladly declare, that therevnto, next vnder God, wee owe it, that none of those many injurious suggestions, vnjust criminations, & renewed solicitations against us, by persons ill affected to our constitution & welfare, (designed to create an impression of displeasure in your royall brest towards us,) haue not hitherto prevayled. That this your maj'-i'=' gratious aspect should suffer an eclipse (especially now in the day of our trouble, bespeaking the influences of your fatherly coinisseration) wee haue as litle cause to beleive, as wee are humbly confident wee haue binn industriously carefuU not to incurr the forfeiture thereof, but solicitous aboue all earthly things to preserve and to maynteyne the same by approoving ourselues, Eoyall Soueraigne, Your maj'J'^^ most humble and loyall subjects, J. L., GoQr, in the name & by order of the Genii Court. [*104.] *A breife declaration of the right & clajme of the GoQno' & Company of the Massachusetts Bay in New England to the lands now in their possession, but pretended to by M' Gorge & M" Mason, together w"' an answer to theire seuerall pleas & complaints in their petitions exhibbited, humbly presented & submitted by the sajd Goilno'' & Company to the kings most excellent majesty, as their defence. In the yeare of our Lord 1628, in the third yeare of his late maj*^ Charles the First, of happy memory, seuerall loyall & piously disposed gent° obteyned of y'' Great council of New England a grant of a certeine tract of land lying in New England, described & bounded as therein expressed, w"='» was in all respects fairely & openly procured, and w"" so good an intent of proppogating the gospell among the natives, & to advance the hono' & dig- nitje of his late maj''% of happie memory, thg.t they were bould to suppljcate his sajd maj'y to superadd his royall confirmation thereto, which accordingly, in an ample & royall charter, was passedj & remajnes vnder the broad seale of England, March the 4"^, 1629, in the 4"^ yeare of his maj'^'=^ reigne, with fur- ther additions & enlargments well becoming so royall a maj*'", & suitable for the incouragment of so hazardous & chargeable an adventure ; in pursuance whereof, many of the sajd patentees, and other adventurers, transported them- selues & estates, and setled in the most knowne & accomodable parts of those lands conteyned in the sajd charter, neither time, estate, nor power suffering them speedily to survey the just extent of their Ijmitts. Not many yeares different in tjme, seuerall others also of his maj''°^ subjects obteynd other grants, & made seuerall setlements in the more northerne & eastern parts of the THE MASSACHUSETTS BAY IN NEW ENGLAND. IQQ country, with whom, for seuerall yeares, wee had neighbourly correspondence, 1 6 7 G. being, as they supposed, w*'^out the Ijmitts of our patent, amongst whom the "" > ' present claymers & petitioners were. These grants, partly by reason of the "^ ^"^ "' smaleuess of some of them, & partly by reason of the darke, involued, & dubious expression of their Ijiiiitts, brought the inhabitants vnder many en- tanglements & dissatisfactions among themselues, which (there being no setled authority to be applyed to, being deserted and forsaken of all such as, by uertue of sajd grants, did clajme jurisdiction ouer them, & had made a succes- less essay for the setlement of gouernment among them) prooved of sofii continuance, vnto the great disquiet & disturbance of those his maj'^ subjects that were peaceable & well disposed amongst them ; to remedy which incon- venience, they betooke themselues to the way of combynations for gouernment, but, by experience, found it ineffectual!. In this tjme, ignorance of the northerly runing of Merrimack Eiuer hindred our actuall clajme & extension of gouernment ; yet, at length .being more fully setled, and hauing obteyned further acquaintance and correspondency with the Indians possessing the vppermost ptes of that riuer, encouraging an adventure, as also frequent solici- tations from the most considerable inhabitants of those eastern parts, earnestly desiring lis to make proofFe of & assert our interest, wee imployed the most approoved artists that could be obteyned, who, vpon their solemne oathes, made returnes that, vpon their certeine observation, our northern patent Ijne did extend so farr north as to take in all those tounes and places w* wee now possess, which when -the inhabitants, as well as ourselues, were sattisfied in, (vrged also w"' the necessity of gouernment amongst them,) they peaceably & •voluntarily submitted to the gouernment of the Massachusets, viz'. Doner, [* 105.1 Squampscot, & Portsmouth, anno 1641 ,• Kittery, Yorke, & Wells, anno 1652 & 1653 ; from which times vntill the yeare 1662, when there was a smale interuption by a letter of M"" Gorge, & afterwards, in the yeare 1665, (when his maj*^^^ comissioners, Colonell Nicholls & others, came ouer,) the inhabitants of those parts liued well sattisfied & vninterrupted vnder the Massachusets gouernment ; but then the sajd coinission^s, neither regarding the Massachusets just right, nor the clajmes of M' Gorge & M"^ Mason, setled a new forme of govrnment there ; but this hardly outlined their departure. The people, impatient of innovations, and well experienced & sattisfied in their former setlement, quickly & quietly returned to order againe, and so continue vnto this tjme. This is, in a few words, the true state of the matter ; for the further illus- tration whereof, & justiffication of our proceedings therein, & vindication of ourselues from the reproachfuU imputation of vsurping authority ouer his 110 THE EECORDS OF THE COLONY OP 6 September. 1676. maj"^^ subjects in the easterne part^ pretended to, w'^ other scandalls cast vpon us by the petitioners, wee humbly ^sent the fFollowing pleas by way of demonstration, & argue, — 1. That our extension of gouernment to those easterne parts clajmed is agreeable to our indubitate patent right. Our patent, according to the express termes therein conteyned, w*''out any ambiguity or coulor of other interpreta- tion, lyes betweene two east & west parralell Ijnes, draune from the most southernly parte of Charles Ryuer, and the most northerly part of Merremacke, with three miles advantage vpon each, which, vpon the observation of men of approoved & vndoubted truth, vpon oath, are found distant one degree & 49 minuits, north lattitude, being to extend in full lattitude & breadth from sea to sea, (ut interminis,) and therefore cannot be bounded by many hundreds of infinite numbers of Ijnes, as the Ryuer of Merrimacke maketh bends or angles in two hundred miles passage from Winipasekek Lake to the mouth thereof, which to imagine, as it is irrationall, so would it involve us and any borderer in so many inextricable disputes as are by no wayes to be admitted by a prince seeking his subjects peace. Besides, were such a construction allowable, (which, with vttermost streyning, is,) yet all favorable interpretation is to be affoorded the patentees by the gracious expression of the charter. Now, according to the aforementioned observation, (so confirmed,) all those easterne plantations challendged by our opponents (vt supra) are com^- hended w'^'in our northernly lyne. "Wee deny not but the artists of ourselues, and if any question thenc arise, wee feare not to submit to tryall to the most exact & rigorous test that may be. The invincible strength of this our first plea may further apeare by the consideration of the frivolous and insignifficant allegations of the petitioners in opposition therevnto, viz' : 1^'. The non extension of our Ijne or assertion of our right to those easterne pts for some yeares ; ignorance, as our case was circumstanced, debarring no man of his just right ; neither cann it reasonably '^106.1 t)e supposed that the exact survey *of so large a grant in so hideous a wil- derness, possessed by an ennemy, would be the worke of a few yeares, our oune pouerty not affording meanes, and our weaknes (allowing no deepe ad- venture into the country) permitting vs not to vejw the favorable runing of the riuer, which none can imagine altered its course by our delay. Wee may aswell be deprived of farr more then wee possesse or euer saw on our westerne parts to the south sea, (w"*" none will deny,) because wee haue not surveyd it, or are soone like to be able, as be taken from our northern right, so obvjous to y" meanest artist. 2'^. The possession house in Hampton, of so litle signifflcation, & so long THE MASSACHUSETTS BAY IN NEW ENGLAND. HI 6 September. since disvsed, that M'' Mason hath forgott the name thereof, and calleth it 1676. Bound House, rerected to give the world to know that wee clajmed consider- ably to the northward of our then habitations vpon the Bay, thoiigh wee did not know the vttermost extent of our right, our fathers not being so ignorant of the lawe of the realme to which they did apperteine as to suppose the taking possession of part did debarre them of the remainder, but the contrary. And wee challenge JM"^ Mason, or any on his behalf, promising our rec- cords shall be open to the most scrutinous search, to proove it, either called or intended, according to his abuse thereof gaiy^ Xhat notorious falsehood of stretching our right to neere fewer hun- dred miles, north & south, more then formerly, wee were sattisfied with, our whole breadth being but one hundred & nine mile, w* is not much more then a quarter pte of what he would haue the world beleive our new clajme and (as he would insinuate) vsurped territory doth conteiue, arising (wee would in charity beleive) partly from ignorance of the coasting of the country, M"^ Mason accounting by the sea side, and, wee suppose, casting in the measure of euery harbour and coue to make vp that calculation, w"'' Ijes, much of it, due east, and not to the north, but wee feare malevolently suggested (as many other things as of litle credit) to introduce into his maj*y his royall breast a beleife that wee are vnreasonable in our pretentions, and so vnworthy of his maj'^y* favour, which wee hope such vnlawfuU endeavours will neuer be so prosperous as to obtejne. What may be further added to this our first plea maybe suppljed from the reasons formerly presented. Wee vrge, secondly, the invaliditje of those grants pretended to by the peticoners, which are of two sorts : 1^', such as beare date after ours, which wee see no reason to feare any interruption from ; secondly, such as are pretended to beare date before ours, against which wee object that they are not authentick, wanting a sufficient numbers of granters to make them so, none of them (as wee presume will appeare vpon tryall) hauing sixe hands & scales annexed to them, the sajd council of New England, consisting of forty, and his maj'^^ grant *to them, expressly requiring (as wee [*107.] are informed) seuen, at least, to signe to make any valid act ; and, indeed, M"^ Masons oune often vn wearied renewall of his grants in 1631, sixteen hundred twenty two, sixteen hundred twenty nine, & 1635, (as he saith,) tacitly con- fesseth the same invaliddity in the former putting him to charge for the latter, till at last he fell into such a trade of obteyning grants that his last and most considerable was sixe yeares after the grant of our charter from his maj'J% and but three days before the sajd councils declaration of their absolute resolution to resigne, and but a few dayes before their actuall surrender, as he asserts ; 112 THE EECOEDS OF THE COLONY OP 6 September. 1676. W"" of what value & consideration it is from the sajd coufiil, circumstanced vnder a necessity of resignation of their great charter, procured rather by the clamor of such ill affected persons as the present complajnants then by any true account of dissetlement or ill mannagement here, is not difficult to judge. Hence it appeares, first, how litle reason M"" Masou hath to brand us w"' fraude or sirruptissiousues in obteyning our charter, which hath most shew of fraude and sirruptitious procuration, a sufficient number of those hono''*^'' per- sons subscribing ours, and fewer his pretended antidated grants, is easy to determine ; in which assertion is to be observed the high reflection cast vpon the memory of his late majesty and ministers of state, groundlesly rendiing the couiiils seale, yea, the great scale of England, exposed to fraude and de- ceitfuU clandestine practises ; yea, vpon his present majestje insinuating him- self better acquainted w''' matters of state then he who allowes and confirmes our grant as authentick by his gratious letter of sixteen hundred sixty two, which intollerable bouldness, how vnbecoming (not to say more) in a subject, it is not easy for us to say ; to all which wee may add S"^ Ferdinando Gorges application to the authority heere to interpose in his aifayre, which he, being one of the great council, would haue binn farr from acknouledging, had M"^ Masons allegations binn founded vpon trueth. Seccondly. That articles of charge depending vpon such illegall and post dated grants cannot take place against us, were their disburse as great as it is affirmed, which, by eye witt- nesses vpon the place, and still liuing, are prooved comparatively very incon- sidderable. 3. Wee affir)ne that the whole mannagement of the affaire respecting our gouernment of those easterne parts was in an orderly and peaceable way, and not w*''out the reitteratted and earnest solicitation of most of the people there inhabitting, sufficiently appearing by their seuerall petitions ; and wee chal- lenge M"^ Gorges and M' Mason, by any living euidence or reccord, to shew any eigne of a forcible entrance ; some magistrates, vpon the clearing of our right to them, and acceptance of the tender of themselues to us, being sent thither without any other force then each of them a servant to attend them. Indeed, some yeares after, Capt Bonigthon, for mutinous carriage, was seized and brought to justice ; concerning w"*", and many other cases, many inhabit- ants yett living, & eye wittnesses, cann give in the most impartiall euidences. Wee offer, — 4'y. To consideration, that the deserted & vngoverned state of the people [*108.] of those places, *had wee not had that patent right so clearely evinced, might warrant our actions, especially considering the obligation vpon it to secure his jnaj'iea honnor, & mainteine the publick peace, so hazarded by the totall want 6 September. THE MASSACHUSETTS 13AY IN NEW EN(JLAND. 113 of gouernment amongst them, our first exercise of jurisdiction being in the 1676. yeare 1641, eight yeare after Capt Neale, agent for M' Mason, had wholly deserted the improovement of land and the gouernment of the country, which indeed he neuer vsed but one yeare ; for in the yeare 1630 he first came ouer, and in the yeare 1634 he quitted the place, and in the interim neglected the same in making a voyage for England, the short time of his tarriance not admitting of setlement of goQnment or improovement. Wee may hereto sub- joyne, that jNI"" Joseph Mason, agent for M'' Ann Mason, when here, and all things were fresh in memory, made no demand contrary to what is afiirmed, but petitioned our justice against his debtors there and elswhere, and that S"^ Ferdinando Gorges, his grant being so meane & vncerteinly bounded, that he knew not well how to finde, much lesse to improove it to considerable advan- tage, by his letter, bearing date ^ doth devolve the whole charge & care of his pretended province vpon the authority heere established. Lastly. That the excercise of jurisdiction in those easterne parts hath binn and is his maj'^'^^ honor, the peoples great bennefit, and our charge w^out proSit, which, had it not binn the ruine of those parts, would haue vnavoyde- ably ensued in the want of all gouernment, and their seazure by the French, who ever wayted a fit oppertunity for the same. They haue part of them for 35 yeares, & others ''''lo'^ yeares, (some small interruption intervening, producing the stronger inclination & resolution in them to be constant to his maj''''^ authority here,) liued vnder the gouerment of the Massachusets a quiet, well ordered, and thriving people ; and as for any complaint from ill affected persons, it is well knowne that the best and wisest goQm* is not w'l^out disquiet from some such ; and no wonder if silly people are soone affected w"* such faire glozing promisses as M"^ Mason hath made and published, as it were determing the case before trjall by his late letters to the inhabitants in those parts ; and that our gouernment in those places haue been no gaine, is so vn- questionable a trueth that neuer was any levy layd vpon them for the supply of the publick treasury, though much hath binn, and is further like to be ex- pended for their security, who otherwise will inevitably become an easy prey to the heathen, now in hostility w"' us, and at this present time raging in those partes. *Orders & instructions for W"" Stoughton, Es^, & M'^' Peeter Bulkley, mes- [*109.] sengers for England, to present our defence in refference to the clajmes ^^ September. ,„ „T.«-T.«- Messengers in of M' Gorges & M' Mason. strucons. 1. That yow take the first oppertunity to imbarcque yo^'selues for Lon- don, thoroughly & considerately parvsing the declaration & defence now VOL. V. 15 114 THE RECORDS OF THE COLONY OF 1676. deliuered unto you, obseruing the arguments, & pointing the euidences '^ ' accordingly. Vpon your arrivall there, yow are to make your application, by one or both of the secretarjes of state, to the kings majesty, deliuering our addresse, and giving his majesty to vnderstand, that in obedjence to his comands, the Gouerno'' & Generall Court of the IMassachusets colony in New England haue sent you to give his majestie sattisfaction touching the rights of our patent, & our actions in the prosecution of that our right, in answer to the pretensions & accusations of M'' Gorges & M"^ Mason respecting the same. 2. To all other clamours & accusations, yow shall answer, yow haue no order nor instruction, being sent only to give his majesty sattisfaction in the particcular by him required. 3. If, therefore, any particcular persons should molest you concerning any pretensions against the country, yow shall craue his maj"'^^ royall favour & pro- tection, that you may be free to attend his majesty according to his cornand, & with his maj'^'=^ leaue be at liberty to returne to those that sent you. 4. If notw^'standing our present defence, and your further argumenta- tions thereon, yow shall finde cause, yow are then humbly to craue his maj'''^ fauour for tjme for a further answei; from hence. 5. In case an answer be demanded of you to the memoriall of the Dutch embassador presented to his maj'y, a full answer shall be given by the next passage. 6. Yow are by all conveyances from tjme to tjme to give advice to this Court, or to the Gouernor & council," of your proceedings herein, endeavoring as quicke a dispatch & returne as the necessity of the affaire will admitt. Was signed by the Goiino'' in October follong. 16 Sept, 76. J. L. Go. Comittee about Whereas it is incumbent vpon this Court to dispose of such Indians as y» Indians. , , i i <■ , are peaceable amongst us, and also ot such as are come in vpon former proc- lamations or articles, or may come in vpon future proclamation, and submitt to mercy, — it is therefore ordered, that Majo' Thomas Clarke, Cap? John Wayte, Leiftennt Thomas Hincksman, & Left W"" Johnson shall & heereby are empowred a comittee to consider, draw vp, & present to the next session of the Generall Court what they judge is meete to be donn in this affaire. Ans' to Phillip In ans"^ to the petition of Phillip Eastman, humbly desiring this Courts Eastman peti- j, .,..., , . i. , -, Eon for freedom lavour, considermg his late captivity w'" the Indians, & losse, that he may be from rates. freed from the payment of such rates as haue binn or maybe levyed this yeare for the vse of the country, the Court grants him his request. THE MASSACHUSETTS BAY IN NEW ENGLAND. 115 There being many of our Indian ennemyes seized, & now in our posses- 1676. sion, the Court judgeth it meete to referr the disposall of them to the " '' ~^ honoured council, declaring it to be their sence, that such of them as shall , ,. , .. .' ' o ' Indjans left to appeare to haue imbrued their hands in English blood should suffer death >" council to dispose of by here, and not be transported into forreigne parts. death, &c. *Ia ans' to the petition of M''^ Mary Atwater, the Court judgeth it meet [*110.] to grant hir rec[uest ; & power is hereby granted hir, the sajd Mary Atwater, ^'^^' to Mary Atwaters peti- te make a nrme deed of sale for sajd house & land to M' Nicholas Paige, as Con, &o is desired. Whereas, at the firing of Majo^ Apletons tent at Narraganset, diuers Cofaittees to armes & clothes were lost by the fier belonging to particcu^lar persons, a lyst atesTonn'bY« of whom is taken and in the hands of Capt Swayne, then leif t to Majo"^ ^'^ ^* Narra- ganset. Apleton, who heeretofore haue rec* no sattisfaction for the same, this Court doth order, that reparation be made by the country to the persons damnified by the sajd fire, and that the coiiiittees of militia in the seuerall tounes doe allow damages vpon the accounts aforesajd, & enter them among the disbursments of the sajd tounes. Instructions for Willjam Stoughton, Es^, & M"^ Peter Bulkeley, our messen- gers, now chosen for to goe for England to present our deffence, in ref- ference to the clajmes of M'' Gorges & M"' Mason. 1. That yow are to take the first oppertunity to iinbarcque yourselues for London, that yow thoroughly & considerately pervsing the declaration & de- fence now deliuered vnto yow, obseruing the arguments, & pointing the eui- dences accordingly. 2. Vpon your arrivall there, yow are to advise with such freinds as yow are acquainted with, or may be directed to concerning the best mannagement of the busines betrusted w*'' you ; and in particcular yow are to make your ap- plication to the Earle of Anglesey, & such other lords of the council as yow shall vnderstand may haue any kindness for us, to craue their lord^P^ favour in our cause, and for your quicke despatch. 3. According to sajd advice and your best wisdome, make your applica- tions by one or both of the secretarjes of state to the kings majestje, giving him to vnderstand, that in obedience to his coEiiands, the Gouernor & Generall Court of the Massachusets haue sent yow to give his majestic sattisfaction touching the rights & extent of our patent, and our actions in the prosecution of that our right, in answer to the pretensions & accusations of M"^ Gorges & M' Mason. 4. Yow shall represent to the king & council the inconsiderableness & XI 6 THE EECORDS OP THE COLONY OF 167 6. smale worth of those easterne parts, that they cannot advantage the estates of ^^ ' ' the claymants, had they ^ 16 September. ^ ^^^ notwithstanding, if yow finde a sume of mony will take them off from further prosecution of their pretensions, and that they are willing & doe resigne & release all their interest to those parts vnto us, and that that may be a fynall issue, yow shall engage in that way as yo' discretion shall direct. [*111.] *6. To all other clamours & accusations yow shall answer, yow haue no order or instruction, being sent only to give his maj'^ sattisfaction in the par ticculars by him required. 7. If therefore any particcular persons should molest you concerning any pretensions, yow shall craue his maj*'"' royall favour & protection, that yow maybe free to attend his maj'''= according to his comand, and w"" his maj'^^s leaue to be at liberty to returne to those that sent you. 8. In case an answer be demanded of you to the memoriall of the Dutch embassad% presented to his maj'^ concerning the dispossessing the Dutch of Nona Francia, you shall attend the order given you by the Gouernor & coun- cil, or assure his maj* a full answer shall be given by the next passage. 9. If, notwithstanding our present defence, & your further argumentations thereon, yow shall perceive judgment like to proceed against us, yow may then craue his maj'^^ favour for tjme for a further answer from hence. 10. That yow doe, by all conveyances, from time to tjme, yow give advice to this Court, or to the Goueno"^ & council, of your proceedings heerein, endeavor- ing as quick dispatch & returne as the necessity of this affaire will admitt. Whereas this Court hath determined, in ans' to his maj*''^^ letter respecting M' Gorges & M'' Masons complaints against the country, to send ouer to England, in such a way as may most conduce to our effectuall vindication before his majesty in that respect, which will necessarily call for a supply of moneys there for the carrying on of the same, this Court doeth order, that the Tresurer of the country be desired, and he is heereby impowred, on the behalfe of the country, to take vp, either heere or in England, or both, so much mony as shall be necessary for the mannagment thereof, and the same to be vpon the creditt of the country, this Court engaging full sattisfaction from the publick treasury vnto all persons so disbursing. Christopher Palmers, of Hamptons, peticbn is refferreed to the con- sideration of the sessions of the Generall Court in in October next. Samuel Porter, of Hadley, hauing expended & disbursed considerable suines on the countrys account, & pticcularly hauing taken care of most of the wounded souldjers at Hadley, for their prouission & comfort laying out of his THE MASSACHUSETTS BAY IN NEW ENGLAND. H^ oune money, & borrowing mony to procure necessarjes for them, his accompts 1676. not being yet passed, w"'', as he affirmes, amounts to neere two hundred " ' ' pounds, w* the country owes him, vpon his earnest desire that a smale pt ^'^ ^^P'^"'''^'- of his due may be at present allowed him, & he will be content to stay for the rest, it is ordered, that the Tresurer pay the sajd Porter, in part of his due in money, twenty fine pounds for the present. *Att the second Sessions of the Generall Court, held at Boston, [*112.] the 11"' of October, 1676. ll October. Present, Jn° Leueret, Es^, Go'", Sam Symonds, Es^, Dep, Symon Bradstreet, Daniel Dennison, Thomas Danforth, W'^ Hathorne, John Pinchon, Edw'^ Tyng, W'" Stoughton, Thomas Clarke, Joseph Dudley. The names of y' deputjes as in May, &6. VPON the humble peticon of Daniel Hoare & Nathaniell Wilder, pre- sented to this Court, acknouledging the justice of this Court, & begging pardon for their Hues, the Court haue granted their petition, and accordingly doe remitt the sentence of death passed against them, and order, that they pay prison chardges and tenn pounds apeece money, half towards the charge of wittnesses, to be pajd to the Tresurer of the country, and the other halfe to Andrew Pittime, & Swagon, y* Indians prosecuting against them ; on pay- ment whereof they are dischardged. There being seuerall cases refferred to the sessions of this Court to be heai-d, it is ordered, that Fryday next, being IS* instant, at nine of the clocke, be the time appointed for the begining thereof successiuely, and all partjes concerned haue notice given them accordingly. In answer to the peticon of Eobert Cox, in behalfe of Sebastian, negro, his servant, the Court judgeth it meet to grant the peticbners request, the life 11 October. THE RECORDS OP THE COLONY OF of the sajd Bastian Negro, and orders, that the sajd Bastian be seuei-ely whipt ■vv*'' thirty nine stripes, and allwayes to weare a roape about his neck, to hang doune two fFoot, that it may be seene, whilst he is in this juridiction, and •when euer he is found w*''out his roape, on complaint thereof, to be severely whipt w"^ twenty stripes, and dischardging the prison charges, to be releast & dischardged the prison. Eight hoiio'^^i'' : — His majesties gratious letters of the 18"^ of the 12, y, refFerring to the memoriall of the Dutch embassado', was received the third of the seventh month, 1676, and by the Gouerno'^ coinunicated to the Generall Court, who being so farr sencible of our oune necessity, and the misinformation of the States Generall, and complaints therevpon to his majesty refFerring to that matter, that our hopes a bare narrative of that transaction, w^out any plea or defence therevpon, is sufficient for our excuse and satisfaction to his majesty, which breifely and truely wee haue draune vp to be presented to his majestys hands, and haue cornitted the same vnto our worthy freinds, M' W" Stough- ton and M"^ Peter Bulkley, whose accesse to his maj'^", and dispatch of this and other buisnes coiiiitted to them, wee pray your honno"" to be assistant in, and wee shall acknowledge ourselues further obliged to pray for yo'^ hono''s happiness, & remajne. Your humble servants, J. L., G. To the Bight Hono'^ble S' Joseph "Williamson, one of his maj'^^ principall secretarjes of state. [*113.] *Bight hono'W'= : — 12 October. i^ obedience to his majestjes coinands in Nouember last, brought to us by M' Edward Bandolph in June last, wee hope, by the first oppertunity wee had of assembling, appointed and sent our worthy and honoured fFreinds, M' Willjam Stoughton & M'' Peeter Bulkley, members of our society, by whom wee haue sent our answer and defence to the accusation & misrepresentation made against us by M' Gorge and M>^ Mason, in refference to their pretended clajmes, from & by whom we doubt not but his majestje will receive full sat- tisfaction of our innocency and the justnes of our actions respecting their pre- tensions ; and how pittifuUy those gentlemen will find themselues mistaken in theire expectation of great advantage, which, in its best estate, would be of no value, and no considerable and much lesser, a great part thereof being wasted and destroyed by the ennemy, notw"=standing all the helpe and assistance 12 October. THE MASSACHUSETTS BAY IN NEW ENGLAND. 119 wee afFoorded for theire succour, and are yett continuing the same charge, of 16 7 6. "which the gentlemen bearers heere cann fully acquaint your hono', in whose behalfe wee humbly begg your hono'"s favour and assistance to procure them accesse and admittance to his gratious majesty, & as speedy a dispatch as the necessity of more vrgent affajres will permitt. Your favour heerein will obleige vs to a thankfuU acknouledgment & mannifestation that wee are. Your bono' most humble servants. The Generall Court of y" Massachusets, J. L. Boston, October 12. For the Eight Honoble Henry Couentry, Es^, one of his majestjes principall secretarjes of state. Eight Hono^ble : — The Goiiernor & council, calling us to meet in Generall Court, vpon our coming together acquainted us w*'' his maj"'^' cornands of the tenth of March, received the lO"" of June by the hands of M"^ Eandolph, as also what returne they had made to your hono"", excusing their not so speedy calling the Generall Court, by reason of the warr, & an epidemick sickness the Lord was pleased then to aflict the country with, & giving your bono' to vnderstand that, to answer his majestjes coinands, & to reply to the hard & vnjust charges layd vpon the gouernment of this his majestjes colony of the Massachusets by M'^ Gorges & M"^ Mason in their petitions, was most propper for this Court. The matters alleadged against us wee haue now had vnder serious consideration, and haue made diligent search into the reccords of what heretofore passed, and haue made a diligent enquiry of the old planters yet surviving, that were *eye wittnesses, and well acquainted w"^ the transactions of those times in the [*114.] begining of these plantations, and accordingly haue transmitted our answer, w"* the proofes therevnto ; and, for his maj""'' more full sattisfaction, haue desired & sent our honoured & respected freinds, M'^ Willjam Stoughton & M' Peeter Bulkley, both members of the Court, to be our messengers to present the same to his majesty ; and that they maybe the better forwarded in theire application to his majesty, wee doe heereby make bold to recoinend them to your hono''s favour & assistance, who will wayte vpon your bono', whom yow will finde able & ready to give your honno"" account of the present state of the country, both in refference to the warr, & Gods hand vpon it by sicknes ; & wee haue the greater confidence off your hono''s goodness towards vs heerein from the assurance yow were pleased to give vnto our Gouerno' of yo'^ affec- tionate incljnation to serve this poore people. Thus, craning your hono''s 12 October. 25^> money for y» messengers accomodation. 120 THE KECOUDS OF THE COLONY OF 16 76. pardon for this bold trouble, wee pray for yo'^ hoiio'^s prosperity here & heere- after, & remajne Yo'' honor's humble servants. The Generall Court of y" Massachusets. J. L., G. These fFor the Eight Hono'^ble S'^ Joseph Willjamson, one of his maj'^s principall secretarys of state. It is ordered, y* the secretary joyne w"' Capt Hamond, M' Humphry Davy, & M' Isack Addington for y" examining & preparing all writings & letters to be sent by our messengers for England, &d. Tresurer to pay Messengers hauing binn sent to M' Anderson, master of the ship now bound for England, as to fitt accomodations for the hono'd gentlemen now bound for England, haue mad agreement w"' the sajd master for transportation of the sajd gent" and two attendants, w"" such prouission and other necessarjes as they shall need, for twenty fiue pounds, in money, to be pajd forthuith by the Tresurer, in New England money. Lawrene Wa- In. answer to the petition of Laurence Waters, of Lancaster, humbly ters satisfac- tion, desiring the favour of this Coiirt to order the payment of his accounts men- tioned in his peticbn, of seven pounds fiueteen shillings & fewer penc, or thereabouts, due to him from the country, his rate of forty two shillings being deducted, the ballance may be pajd him, being aged & blind, &6, it is ordered, that the Tresurer make payment to the peticoner the sume aboue mentioned, prouided that if it is belonging to the old Tresurer, & not charged in his account, that he passe it to the new Tresurer. [* 115.1 *The Court, being very sencible that moneys are much wanting to carry Sixe county an end the present designe against the Indians, doe therefore order, that sixe rates. country rates be levyed on the seuerall tounes in this jurisdiction by the selectmen & constables, and payd in to the Tresurer, for the payment of souldjers, & such other matters in order to the warres as is necessary ; the one halfe by the twentjeth of Nouvember, and the other halfe by the twentieth of March next. And it is ordered, that the assessments of the tounes by the seuerall comissioners of the countjes shall stand, and the rates be levyed according to theier Ijsts. In w' y coun- It is ordered by this Court, that all such as haue not payd their former try rates to be in 1*11.1 rates shall pay what is behind at the same prizes of corne, &S, as the sixe rates are to be payd in now ordered to be payd. It is ordered by this Court and authority thereof, that all sorts of corne p" m. Y 12 October. THE MASSACHUSETTS BAY IN NEW ENGLAND. 121 to be pajd in the sixe country rates now to be levyed sliallbe pajd into the 16 7 6. country Tresurer at these prises following, viz', wheat at fiue shillings, new barly brought in season, barly mault, rye, & pease at fower shillings p bushell, Indian corne, of y" groweth of this country, three shillings, oates at two shillings p bushell, & all good & merchantable corne, & to be brought in to the Tresurer w"'out any allouance for charge of carriage ; and all other things payd in the country rate to be at money price ; prouided that if any pay money, to be abated one foweth part ; prouided, also, that no horses or leane catle be pajd in the sajd rates. In the case now depending in Court wherein Willjam Eauson is plain- Courts judg- tiffe, by peticon, against Abraham Briggs, deffendant, touching one Willjam g^j^g ^^^^ ' t Hukely, a servant of the sajd Willjam Eawson, the Court, on a full hearing ^"ss^- of the case, and on due consideration of what hath binn pleaded & alleadged by both partjes therein, doe finde for the plaintifFe a reversion of former judg- ments in the case, and that the sajd Briggs doe forthuith restore or deliuer to the plaintiffe his sajd servant, or, in defect thereof, to pay the suine of forty pounds, according to the bond formerly given, & costs of Court eight pounds fiueteen shillings & eight pence. This Court, having heard the complaint of M"^ Rishworth exhibbeted Courts judgm' r~i ' r^ r • • ^ c i T t • ^^ ScOttows against Captame bcottow tor improovmg the country'' souidjers on his oune ^^gg ^gi ^^^^. particcular occasions, & neglecting the service of the country, & thereby en- ■"°'^''^- deavoring to put the charge of these souidjers vpon Capt Scottow, vppon a full hearing of both partjes, see no reason for the aforesajd complaint, and doe judge, that the sajd Cap? Scottow (for ought doth appeare) hath faithfully dischardged his trust, and is therefore acquitted from the chardge endeavo'^ed to be put on him, but that the same be borne by the county, and that M' Rushworth doe pay Capt Scottow his costs & damage. The Court granted & determined the costs to be nine pounds thirteen shillings & eight pence. *In the case betweene Willjam Bauson, plaintiff, & John Glouer, Habba- [*116.] cuck Glouer, & Pelatiah Glouer, defend'% this Court doeth order, that one Courts judgm* „ TTn in Rawsons twelfth part of Newbury' farme, now m the occupation of Roger Billmgs, be case ag' y deliuered to the sajd Willjam Rauson or his assignes, w*'' all the proffitts, ^i°""'^- rents, & appurtenances there vnto belonging, to be sett out by Capt Daniel Fisher, Lef? Edmund Quinsey, and Quarter m"^ Suift, w**" costs of Court, allowance being first made for buildings & other debts due, to be payd from the sajd farme, and his parte thereof to be pajd before the divission be setled ; all which to be determined by the abouesajd comittee. Cost allowed was coujtsj„4„. seven pounds twelve shillings & fower pence. mentin Harri- In the case depending betweene John Harrison, plaintiffe, by peticon, Woody. VOL. V. 1^ Jn° Haughton petic, 122 THE RECORDS OF THE COLONY OF 1 (i 7 G. against Eichard Woodcley, defFendant, touching a pretended highway by the ^ ' sajd Harrisons house, & leading towards the Fort Hill, the Court, on a full Execution is'- ^-earing of the case & pervsall of the euidences therein, doe finde for the plain- sued out 21 ^\ff ti^g i^jj^ ijj controuers & costs of Court, seven pounds fiue shillings & M'ch, 77. . J 1 o six penc. Courts ans' to This Court being informed by certifHcat vnder the hand of Cap? Daniell Hincksman, that when he was out in the service of the country at Lancaster, they had occasion to make vse of an oxe for a supply of the forces vnder his coiriand, which sajd oxe was vallued, by indifferent persons, at fiue pounds in country pay, on a motion made in the behalfe of the ouno'^ of the oxe, John Houghton, it is ordered, that the Tresurer of the country make payment to the sajd Haughton for the sajd oxe accordingly. Courts ans' to In answer to the peticon of Ruth Vpham, widdow & relict of the late hams°retiCon -'-'Sf t Phineas Vpham, the Court judgeth it meet to order, that the bills Tr" to pay M' of charges to chirurgeons, docto'"^, & diet, mentioned in sajd peticon, be Chickering bill, . 2" 14 8 pd by the Tresurer of the country; and in consideration of the long and jjijjg ' good service hir husband did for the country, & the great losse the widdow chir., 2 10 susteynes by his death, beinsf left w*'' seven smale children, & not able to Adding- carry on their affaires for the support of hirselfe & family, doe further order ton, 13 5 ToD' Cooke, 15 la'-QT the Tresurer of the country to pay vnto the sajd widdow tenn pounds in or as money. To M" •' Peirc, for Itt IS Ordered, that the twenty pounds granted in May as augmentation diet, 4 18 , , ^ . ^ . , . , . ,. To y« widdow to the secretary be made lorty pounds, considering his extraordinary seruice. ^°''- It is ordered, INIary Kimballs rate of fewer pounds, &d, (hauing lost hir Secretary al- T-»iri*i ■ r ^ ' -i lowanc, 40". husband at Bradford m the spring, w'" great pt of hir estat carried away by Mary Kimballs the Indian eiinemy, & much impouerished thereby,) be remitted. rate. r*117 1 *^^ ^'^^^ ^° ^^^ petition of Lef Richard Way, humbly desiring this Ans' to Lef Courts favour to grant him liberty to keepe his Indian girle in towne, the ■Ways peticon. Court judgeth it meet to grant this peticon. Courts order to It is heereby ordered, that, for the service of the eastern parts, there be FlIvsg forces out of the 3 forthwith raysed in the county of Suffolke one hundred & twenty able soul- countys, as to (j^gi-g with twenty of our Indians, which shall be sent, w"' all expedition, fitted releif of those "' ' r ^ in distrees, &c. & furnished with armes, ainnition, & prouissions sufficjent, in convenient ves- sells, to Kinnibecke, Shipscott, Monhegin, & Casco Bay, or Black Point, or where they may haue oppertvnity to doe service vpon the ennemy ; and that Majo"^ Clarke be desired and is heereby authorized to rajse & send away the sajd forces as abouesajd, and to put them vnder such conduct as himself, the council, or the General] Court shall appoint. It is further ordered, that seuenty men be impressed out of Essex and THE MASSACHUSETTS BAY IN NEW ENGLAND. 123 sixty out of Midlesex, which shall be sent by land to Piscataqua, -whither 1676. afiiultion & prouission shallbe forthwith sent. The sajd forces, with so many ^~ ' ^ ,,., 1 TP ., 12 October. as are au'eady in those parts as may be spared from securing tiie toune, shall, after the recouery of Black Point, be imployed to march towards the ennemy" quarters, towards Pegwakick, &&, on this side Kennebeck, & these to be con- ducted by such as the Generall Court or council shall appoint. It is ordered, that all those men that came from the deserted places at Eastermen to the eastward, fitt for the country^ service, be impressed & imployed therein, and that the majo''^ & comittees of the seuerall county^ & tounes doe accord- ingly impresse & lyst them for this present expedition. It is ordered, that seventy of the most able souldjers, impressed in Order to dis- Suffolke for the designe intended at Kennebeck, be sent to Piscataqua, and foike souldjers. are to attend the order of the major generall, or such other coinanders as the Covncil shall appoint to mannage the designe there against the ennemy ; and it is further ordered, that one of those vessells appointed for Kennebecke be forthwith sent away w'^ cloathing & other prouissions & amnition to Pis- cataqua. In order to the supply of the forces to be sent forth to the eastward, it Order impow- TTiim T •! 1 T r ■ ^ ™S Treasii' dt IS ordered, that the iresurer doe contract with merchants or others tor sajd comissarys to supplyes, & giue his bills for payment w'Mii sixe months ; w* meanes if it <"'"*'^''<=^> '^"^' ■*■ ^ "^ " ■*■ ■' for prouissions, fayle, that the coinissarys be impowred to impresse by warrant prouissions & ambition, &c. other necessarys, as the exigency of the affaire doth require. In answer to a motion made by the GoQnor of New Yorke, who hath Ans' to Gou. of Yorks motion sent his sloope to transport sundry of the inhabitants tliat are fled to these ab« remoovie )•» tounes from the merciless cruelty of the ennemy in the easterne parts, this ^'^^ '"" ^"^"^ "' Court doeth declare, that as they *may not justify the act of sundry of the [*118.] abouesajd inhabitants, who haue, in a very dishonnorable manner, forsaken those places that might, with meet care, haue been kept out of the ennemys hands, so they cannot countenance or incourage the motion made by the Gouernor of Yorke, the tendency thereof being apparently for the dainage of his maj*^ interest in those parts, and quitting the same to be a prey, not only to the Indians, but also to the Prench, who are sajd by themselucs to be their abettors in the depopulation there made, but doe judge it farr more con- ducible to his maj"'=^ interest that with one shoulder all his maj'j"^ subjects in these plantations doe joyue in driving the ennemy thence, and for that end that all meete endeavors be vsed to engage the Mohaukes, or other Indians, Major Gen' freinds to the English, for their help & assistants therein. Denisons or- der & power to manag y"^ this Court to be ravsed for the eastern service, that the covncil take care to forces &c. It is hereby ordered, that out of those new levyed souldjers ordered by ^^^^^ .„ 124 THE RECORDS OP THE COLONY OP Major gen. comission. [*119.] Courts ans' to Meadfeild pe- tiCon, 87" abat- ed yTa out of y'ir 10 rates. Ans' to Wey- moth, 46" out of yir 10 rates. Ans' to Hing- ham, 10". Ans' to Sud- bury peticon, & 44" 10 abat- ed ym. Ans' to Con- cords motion, 60" abated y"m. send away w''^ all speed one hundred & fiuety men w"^ prouissionsj & amini- tlon, & cloathes, to Capt Hathorne, for the security of what is remayning in Yorkeshire, & if possible to annoy the ennemy in theire q^uarters ; and that Capt Hauthorne attend such orders as he shall receive from the council or Major Generall Dennilon, who is heereby desired & ordered to repaire to Portsmouth, or some of the adjacent tounes, to mannage that affaire vntill it be ended or accomplished, and all other prouission designed for that affayre for the present to cease. This Court, hauing appointed Majo"^ Gen Denison to repajre vnto Ports- mouth, and there to take care for the improovement of the souldjers now raysed aganst the incursion of the coinon ennemy in those easterns plantations, and to give his orders accordingly, doe heereby authorize and impower him to take the coinand of all the souldiers & places of deffence in those parts ; and all military coinanders, officers, & souldjers, w* others y' are the inhabitants of those parts, are heereby required to take notice thereof, and to yeeld obedjence to him accordingly. And for the better mannagement of the sajd trust to him heereby coinitted, he, the abouesajd majo'^ generall, is heereby authorized & impowred to impresse men, horses, prouissions, & ainunition, &6, as to him shall seeme meet, and to punish by fine, imprisonment, or any other corporall punishment, as the law directs, all such as shall neglect or refuse to execute His warrants, or yeild obedience to his coinands, or be otherwise trans- gressor's of the military lawes established by this Court. *In answer to the petition of the inhabitants of Meadfeild, humbly crav- ing the favo'' of this Court to consider their great losses by the Indian ennemy the last spring, and abatement of their rates accordingly, it is ordered, that Meadfeild be allowed, towards theire losses by the ennemy, the sume of eighty seven pounds ten shillings out of theire last tenn rates. It is ordered, that forty sixe shillings and eight penc be abated & al- lowed to Weimouth, out of their last tenn rates, towards their losses by the ennemy. It is ordered, that Hingham be allowed & abated out of their last ten rates, towards their losses by the ennemy, the suine of tenn pounds. • In ans' to the petition of the inhabitants of Sudbury, for abatement in their last tenn country rates, by reason of their losses in their estates by the coinon ennemy, the Court, finding their estates falls short fewer pounds nine shillings in their single country rate, judge meet to order, that Sudbury be allowed & abated forty fower pound ten shillings out of y^ whole suine of their ten country rates. In ans'' to the petition or representation of the inhabitants of Concord, THE MASSACHUSETTS BAY IN NEW ENGLAND. 125 itt is ordered, that Concord be allowed or abated out of their last ten country 1 6 7 G. rates the sume of fiuety pounds, towards theii- losses, &&. ' ' ' In ans' to the petition of the selectmen of Chelmsford, &e, it is ordered, cheimsfir that. Chelmsford be allowed & abated the suine of fiuety three pounds seven abatem«. shillings & one penny out of their last tenn country rates, towards theire losses. It is ordered, that Andiver be allowed & abated out of their last tenn Andivcr aiiate country rates the sume of fower pounds tenn shillings, towards their losses y' " ' are still escapes there. In ans"^ to the petition of the inhabitants of Springfeild, the Court, con- An s' to Spring sidering the great losse y' Springfeild hath susteyned, & the streights & ijoiilbatem"' expences they haue binn necessarily put vnto for the preservation of the place, doe order, that they be abated one hundred and fiuety pounds of their rates due to the publicque, and that the Tresurer doe allow it them in their ac- counts ; all w"'' abatement, together w"' the rest of the charge, shall be pro- portioned vpon the inhabitants by the select men according as they haue expended for the enterteyning of garrison souldjers, and the remainder that shallbe found due to be levyed & payd accordingly. They who haue deserted the toune, & not runn the hazard w"^ their neighbo''s, not being to be allowed any share in the abouesajd abatement. It is ordered, that Northampton inhabitants be allowed & abated out of Northamptons their last ten country rates eighteen povnds twelve shillings & sixe penc, ^^ g ' towards their losses. It is ordered, that Hadley be allowed & abated out of their last ten Hadleyabatc- m', 9 3 4. country rate nine pounds three shillings & fower penc, towards their losses. *In ans"^ to the peticon of the inhabitants of the county of Hampshire, it [*120.] is ordered, that the rule & prise of payment for the charge of the warr in the ^ns' to Hamp- SllliC pCXa county of Hampshire shallbe in all respects as it is in other countys. It is hereby ordered, that Capt Tho Daniel & M' Martjn, of Portsmouth, Courts order tc doe impress such vessells as are needfull, w"^ amnition & prouission, and what jyj, jj^jtyn to may be necessary for the designe, who are to goe to Blacke Point, Winter !™p°J^^°"^\"' Harbo^ &d, for the recouering & securing of those places, and distressing & sells, &c. destroying the ennemy there, or elswhere, & that M"^ Nathaniel Fryer haue the comand & disposing of them for the ends aforesajd. Hono^^i^ S-- : — ^^ O"'"''^'- It is the good pleasure of God still to manifest the tokens of his dis- |^™J_, ™^'^^^ pleasure against us, by permitting the ennemy in the eastern parts to doe much Piimouth for mischeife ; who haue made their progress as farr as Black Point & Winter 17 October. THE RECORDS OP THE COLONY OF \ Harbo''. The English there having left those places & garrisons to the Indians, who now possesse them, wee account it our duty to indeavo'^, by the help of God, to recouer them from them, & to vse all force against them, wherein wee desire & expect yo"^ concurrance w"^ us, & assistance of us w*"^ some English, & also some of your Indians, & Capt Church, whom we haue spoken with here, & finde him ready to serve God & the country ; request therefore your speedy sending of him, & such as yow shall see meet, to asist in that designe. & so, praying for Gods presence and blessing on o' endev- o's, w* respects to yow, are, s', Your humble servants & confederates, The Gen Court of the Massachusets. Signed p JN° LEUERET, GoQ. Dated Octob"- 17, 1676. Cap' Scilis ih- "Whereas Cap? Joseph Scyll hath heretofore binn imployed in the countrys "' service, as coinander of a company, & that information is given that of late he hath carrjed himself offencively in that place, this Court doeth the''fore order, that the sajd Scyll be forthwith dischardged from that imploy, & some other meet person appointed in his roome. Ans' to Tho. The Court, hauing read & considered the petition of Thomas Eames, doe ames pe icon, ^^.^gj, ^ appoint Majo' Daniel Gooldn, Capt Daniel Fisher, & Capt Goodenow to be a coinittee to vejw the place desired by the petitioner for his accoiiioda- tion, w'*" a habitation, & make returne to the next Court. Ans' to Marga- In ans' to the petition of Margaret Cogswell, atturney to John Cogswell, ret Cogswells i-iii . i/^'ii- i petiooii. hir husband, now a prisoner, the Court judgeth it meet to grant the peticoners request, for the hearing of the case mentioned in the peticon, at the next Court of Election, all partje=i being sumoned then to appeare, & Jn" Cogswell, Jun, to be at liberty from the prison to attend his occasions till the case be heard. The Castle"^ Information being given to this Court of the great damage that the i)e coU" w'" Castle buildings do suffer for want of y" couering to be don w"^ lead, it is lead. Cap' Biatle Ordered, that y" Tresurer deliuer to y" coinittee so muc lead as y'' worke added toy .^^-^ need, or mony to pcure the same, and Capt Tho Bratle is added to the comitt. of y ./ « PI, Castle. coinittee. [*121.] *iii is ordered, that the Tresurer of the country pay vnto Left Willjam forTre^surer Clarke the suine of thirty eight pounds eighteen shillings, and is for so much ^^,^?'ht-,o ^y ^™ deliuered to the countrys vse in porke & bisket, as by his account on Clarke 38'' 18» i i. p j ODa. file appeares. THE MASSACHUSETTS BAY IN NEW ENGLAND. 127 In answer to the petition of Jonathan Woodman, humbly desiring the 167 6. remittment of the fine of tenn pounds imposed on him for not svirveying the ^ ship Salamandar, &6, the Court judgeth it meet to grant his request, & his j ^ , fine is remitted accordingly. 'Woodmans fine remitted. M"^ Thomas Clarke, minister, being seven weekes in the army at Narra- M'Tho Clarke gansct, & officiating at the request of the coinander in cheife during that time, ™''t<'i'^' rocom- penc, 6. the Court judgeth it meet to grant him sixe pounds money, to be payd by the Tresurer. In ans^ to the peticon of M' Jonathan Tyng, the Court, hauing pervsed Ans' to jona- . . ... . T than Tings ac- the returne or the comittee appointed to exatnine his accounts mentioned co<. therein, doe order the Treasurer of the country to pay vnto him twenty pounds towards his chardges. In ans'^ to the petition of Capt Thomas Wheeler, Sen, & his sonn, it is Ans' to Tiin. ordered, that they be payd their whole wages, from the time they entred vpon peticon. the service vntill their returne to their oune houses, ouer & besids tenn pounds allready allowed him in October last, for his present supply, being wounded in the country^ service. In ans'^ to the petition of M'^ Peter Bracket, the Court judgeth it meet to Ans' to M' Brackets peti- grant the peticon, & doe order M"" Zerubabell Endecott forthwith to repay con, & M' Ze- the peticoner twenty pounds disbursed on the account in the sajd peticSn ™i.gpj,yjii™ mentioned. ^''"• Vpon the motion of the inhabitants of Beading, the Court judgeth it Jn«Dunnon ^ _ _ lieu' to Ecd- meet to apoint John Dammon to be leifteniit for Redding compa, and order, ding compar. that coinission be granted him accordingly. In ans^ to the motion of Capt Thomas Clarke, Ensigne Pen Townsend is Pen Tounsend . „ _, ^ leiu', Hope. appointed leiut, «& Sarj' Hopestill Poster to be ensigne to sajd Capt iho Foster ensigne, ^- , to Cap' Tho. Clarks company. . ^^^j^^ ^„^p It is ordered, that Bartholmew Gidney be ensigne to Salem company, sartho. Gidnoy vnder Capt Jn° Corum. Corivinscom- It is ordered, that M"" Edward Rishworth be pajd out of the country pa. „ , T r T ■ . -i.- M' Eishworth treasury for Yorkshire the sume of three pounds mony, tor his transcribing „,o„penc for publick writtings- now to goe w'" our messengers. P^^^J^^^ ™'- In ans' to the peticon of Samuel Plumer, ferryman at Newbry, it is to enter. ordered, that himself & his son Ephraim be freed from the presse. *The Court, hauing pvsed the accompt brought in to the coinittee who [*122.] had the examination thereof of the expences, disbursments, &a, of the late J*^;J°';^j^^;|,;^^^ Majo' Symon Willard, amounting to the suine of fiuety iFower pounds one 61012, shilling & two penc, the accompt whereof is on file, the Court judgeth it meet to allow thereof, and add tenn pounds more for extraordinary enterteinments 128 THE RECORDS OE THE COLONY OP 1 G 7 G. not brought to account, ordering the Tresurer to make payment thereof, in all sixty fower povnds one shilling & two penc. 17 October. Trcs^ Russells ncco. as to y Dutch warr, 1673. In obedience to an order of the Generall Court, dat May 3^ 1676, wee, the subscribers, hauing audited the accompt relating to ^ Dutch warr, finde the ballance due to the estate of the late Tresurer to be the summe of two hundred sixty seven pounds seven shilling and three penc, as p account on file may appeare, only in the ballance there is included thirty pounds for pajnes & trouble, as on the other side, which wee leaue to the Court to de- termine. THO: CLARKE, ANTHO: STODDARD, HUMPHRY DAVY, JN° RICHARDS, HEN: BARTHOLMEW. 23 October. Tresurer Rus- sells. In obedienc to an order of the Geiierall Court, dated May 3'^, 1676, wee, the subscribers, hauing auditted the Tresurers accompt for country single rates for 74 & 75, doe finde due to the country from the estate of the late Tresurer the surne of forty three pounds two shillings & eleven penc, only the finely pounds chardged for the Tresurers allowance & losse, &fi, wee leaue to the Court to determine, w"*" if the Court allow not, must be added to the ballanc abouesajd, & then will be due to the country ninety three pounds two shil- lings & eleven penc, as p acco* on file appeares. 23 Octo, 1676. THO: CLARKE, ANTHO: STODDARD, HUMPHRY DAVY, JN° RICHARDS, HEN: BARTHOLMEW. 2o October. In obedience to an order of the Geii Court, dated May the 3*, 1676, ndianwarr yifQQ^ the subscribers, hauing purvsed & audited the late Tresurers accompt, Tresurer Rus- w"'' is On file, relateing to the Indian warr, doe finde the ballance due to the to ^o Tears 75 s^^ate of the late Tresurer to be the suine of nine hundred & nineteen pounds 7G, 9 rates, &e. seven shillings one penny ; onely there is included in this ballance two hun- dred twenty & fine pounds for charges & pajnes, & losse in pay, &6, which is left to the Court to determine, and if not allowed (or what part of it is not allowed) is to be substracted out of sajd ballance ; it is likeuise to be THE MASSACHUSETTS BAY IN NEW ENGLAND. 129 vnderstood that what is here chardged to be deliuered to Cap? Jn" Hull^ & 1676. likeuise what is chardged to be pajd to the seuerall tounes for disbursements ; "^ '^ ' it is to be made out by the execcuto'^s of the late Tresurer, to be so disbursed, ^ October. and if any erro'" therein appeare that there be not so much payd, it is to be made good by sajd exea;ecuto'^s. October 25, 1676. Signed, THO: CLARKE, ANTHO: STODDARD, HUMPHRY DAVY, JN° RICHARDS. In obedienc to an order of the Generall Court, dated May 3*, 1676, Tresu'RusseUa wee, the subscribers, hauing pervsed & auditted the late Tresurers accoumpt, ^'""' ' ' doe finde the ballance due from the late Tresurer to the country the sume of fower hundred twenty fower pounds sixe shillings ten pence ; only there is chardged by id Tresurer fiuety pounds for his paines, w"' wharfage, storage, porteridge, & losse, w"'' wee leaue to the Court to determine, & if not allowed by the Court, is to be added to the ballance aboue. P THO: CLARKE, ANTHO: STODDARD, HUMPH: DAVY, JN° RICHARDS, HEN: BARTHOLMEW. *In answer to the petic6n of James Russell, execute' to the late Richard [*123.] Russell, Esqi>, late Tresurer, the Court iudgeth it meet to allow the peticoner -^"^ *° -^^"^^^ ' ^' ' •> ° ^ Russells peti- one hundred & fiuety pounds, vpon all accompts, for his pajnes, extraordinary con, 5ii4» y* & other losses and damages susteyned by the late Tresurer, his father, as to publick concernes in that place ; so the whole ballance due to him vpon all accounts is fine hundred & fouerteen pounds & fower shillings & seven pence. In ans"' to the petition of True Crosse Minot, widdow of Stephen Minot, Courts ans' to late of Dorchester, deceased, humbly craving the favor of this Court to im- jj^^^tg -g^j. power & inable hir to scale deeds to M"^ Stoughton, Richard Baker, & others, '^'"^■ of Dorchester, for seuerall parcells of land by them bought of hir husband, and justly sattisfied for in his lifetime, but the legall conveyanc not perfected by him, the Court grants his request, & impowers hir accordingly. Whereas Joshua Scottow is now sending forth a smale vessell or two Courts act as _ to M' Scottows w"* company for the disco uery of the state of the ffort at Black Point, and fort at Black transport of what may be there recouerable either of his or any of the inhabit- ants, it is ordered, that the sajd vessells and persons by him sent shallbe & VOL. V. 17 130 THE KECOKPS OP THE COLONY OP 1676. hereby are exempted from impresse vpon any other of the country^ imploy ,• * > ' and Bartholmew Tipping being comended as a fitt person to take the charge „ _. . of such as are to land, in case he shall judge the place tenable, he shallbe & therevpon was heereby is impowred to impresse the company now sent, and any other of the gr*ed & signed to Bartho. Tip- inhabitants, or other persons which may be there found, to looke after plunder ^'"^' or their oune estates, and to defend & keepe the place from the ennemy vntill further order ; and the sajd Scottow hath liberty to impresse some inhabitants of Black Point who lye latent, he, the sajd Scottow, carrying it on at his oune charge. John chicker- It is ordered, (on the motion of M' Joseph Dudley, on behalfe of M'* guar an . Qj^iQ]jgj.jjjg^ pf Claris Toune, administrator to the estate of M"" John Chick- ring, there being a copj'hold estate belonging to the children of M"^ John Chickering, late of Charls Toune, in England, necessary to be taken vp by some on behalfe of hir son, John Chickering, now an orphant,) that M"^ W™ Staughton & M"^ John Bulkly, of London, be & hereby are appointed guar- dians to the sajd John Chickering. [*124.] *Whereas it hath pleased our gratious God, contrary to the many evill Thanksgiving deseruings of an vnworthy & sinfull people, such as wee are, so farr to espouse appointed No- _ ° _ ■' . . vember 9'\ the interest of his poore people as to plead theire cause w**" the heathen in this wilderness that haue risen vp against us, and broken in vpon many of our tounes & places as a flood, seeking the vtter extirpation & ruine of the interest of our Lord Jesus in this wilderness, & that with so considerable a progress and such strange success as ought not to be soone forgotten by us in this day of our calamity, God hath made bare his oune arme for our deliuer- ance, by taking away counsell & courage from our ennemjes, & giving strange advantage, & great success to ourselues & confcsderates against them, that of those seuerall tribes & partjes that haue hitherto risen vp against us, which were not a few, there now scarse remajnes a name or family of them in their former habitations but are either slayne, captivated, or fled into remote parts of this wilderness, or lye hid, dispayring of their first intentions against us, at least in these parts ; vnto which mercy God hath added an abatement of those epidemicall sicknesses that haue attended us most part of this summer, & vouchsafe us a liberall portion of the fruites of the earth for our comfort- able sustentation & releife ; the joint consideration of these things minister great cause ; & the same God that is the author of them cann giue us hearts to offer our prayse, that thereby wee may glorify him, which that wee may obteyne, this Court doth appoint & sett apart the ninth day of November next, to be kept a day of solemne thanksgiving & prayse to God for such his singu- lar & fatherly mercies bestowed on us, & cornend the same to the respective THE MASSACHUSETTS BAY IN NEW ENGLAND. 131 elders, ministers, & people in this jurisdiction, solemnly & seriously to keepe 1676. the same. ' ^ ' .25 October. The whole Court ordered a day of humilliation the first Thursday in jj humiUia- December, that the council draw vp a declaration accordingly, w* was donn, *'°" *° ^^ ™ December. & printed & published. Whereas this Court hath declared that the will of the late GoQn'^, Rich'^ Courts order for "v® issuing Bellingham, Es^, was voyd in law, & the law prouiding that due care be aii matters re taken for the widdow or relict of the deceased, it is therefore ordered, that ™^J"™s ^s to setlement of this matter be issued & determined by this Court, and that the money resting M- BelUng- hams estate. due from the late trustees remajne in their hands vntill the sajd setlement be made. *The Court, as the Court of Admiralty resolued, & that by voate, that [*125.] Robert Orchard, the officer, had not acted regularly in his seizing, &6, and so find for the plaintifi", Dauid Anderson. E. R., S. [The remainder of page *125 left blank.] *Jtt a Gennerall Court for Elections, held at Boston, 23^ of 1677. May, 1677. ' ' ^' 23 May. JN° LETJERET, Es^, was chosen GoQno'^ for the yeare ensuing, & tooke L*!^^.] his oath in opent Court. Samuel Symonds, Es5>, Dep' Gouerno' for y« yeare ensuing, & alike tooke his oath. Symon Bradstreet, Daniel Dennison, Tho Danforth, Daniel Gookin, W" Hauthorne, Jn° Pynchon, Edward Tyng, W" Stoughton, Thomas Clarke, ^Joseph Dudley, Peter Bulkeley, Cap? Jn" Hull was chosen Tresurer for y« yeare ensuing, & tooke his oath. 3'^ Comission^ in reserve. 1«' Comissioner for the Vnited Colonyes for y= yeare. Esff>s, were chosen Assistants, & tooke their oathes, except M' Stoughton & M'^ Bulkely, y* were absent on the country' occasion. 4 ComisI in reserve. 2 Comissioner for y^ Vnited Colony^ THE KECORDS OF THE COLONY OP Edw* Rawson -was chosen Secretary for y® yeare ensuing, & tooke his oath. The Court adjourned till the morning, at eight of the clocke. 24 May. 24 of May. Pkesent, Jn" Leueret, Es^, GoQ, Sam Symonds, Es^, Dep* GoQ, Symon Bradstreet, Daniel Dennison, Daniel Gookin, Tho Danforth, W™ Hathorne, Jn° Pinchon, Edwi Tyng, Tho Clarke, Joseph Dudley. The names of the deputjes returned from the seuerall tounes to serve at this Court were, — Salem : M"^ Edmund Batter, 1 s, M"^ Thomas Graues. Charls Towne : M"^ Jacob Green. Dorchester : Left Jn" Capen, M' James Blake. Boston : Majo'^ Tho Sauage, M"^ Antho Stoddard. Eox% : M' W-" Parkes, M' Tho Weld. "Wat"^ T. : Capt Hugh Mason. Cambf : M' EdW Oakes, M' Joseph Cooke. Lynn : Ensig Jn° Fuller. Ipsw : Maj' Safii Apleton, M' "W" Goodhue. Newbe : M'^ Caleb Moody. Weymo : M"^ Jn° Bicknel. Hingham : M' Nath Beales. Concord : M' Jn° Elynt. Dedham ; Cap? Daniel Eisher. M"^ George Colton, Springf., 1 s. M' Dudley Bradstreet, 1 i, Ando. M'^ Tho Marston, Hampton. M'' Richard Swann, Rouley. Majo Rich* Waldron, Doner. Cap? Elyas Styleman, Portsm. THE MASSACHUSETTS BAY IN NEW ENGLAND. 133 M"^ Humphry Dauy, Lef ? W"" Johnson, Wooborne. 16 7 7. M"^ Samuel Thompson, 1 s, Braintry. ^^ "^ ' M-^ Henry Palmer, 1 s, Hauerill. ^ ^"^^ Capt Jn° Wayte, jNIaulden. Capt Georg Barbe"", Meadfeild. Capt Jn° Wincol, 1 s, Kittery. M-^ Sam Wheelwright, York & Wels. Capt Jonathan Poole, Redding. Left W" Clarke, Medad Pomry, Northamp. M' Peter Tylton, 1 s, M' Phillip Smith, Hadley. M'^ John West, Beuerly. Majo' Thomas Sauage was chosen Speaker for this sesson. [The six following pages, *127 — *132, are in an unknown handwriting.] *This Court, being desirous to g>vent all occasions of complaint referring r*127 ] to the profanation of the Saboath, & as an addition to former lawes, doe order To p-vent prof- and enact, that all the lawes for sanctification of the Saboath & preventing the saboath" profaning thereof, be twice in the year, viz*, in March, in September, pub- lickly read by the minister or ministers on the Lords day in the severall re- spectiue assemblies within this jurisdiction, & all people by him cautioned to take heed to y* observance thereof. And the select-men are hereby ordered to see to it that there bee one man appointed to inspect the ten families of his neighbours, which tything man or men shall & are hereby haue power, in the absence of the constable, to ap^hend all Saboath breakers & disorderly tiplers, or such as keep licensed houses, or others that shall suffer any disorders in their houses on y^ Saboath day, or evening after, or at any other time, & to carry them before a magistrate or other authority, or coinit to prison, as any constable may doe, to bee proceeded with according to law. And for the better putting a restraint & securing oifendo'^s that shall any A cage to be erected way transgress against the lawes, title Saboath, either in the meeting house by abusiue carriage or misbehaviour, by making any noyse or otherwise, or during the daytime, being laid hold on by any of the inhabitants, shall, by the said person appointed to inspect this law, be forthwith carried forth & put into a cage in Boston, which is appointed to be forthwith, by the select men, to be set up in the market place, and in such other townes as y^ County Courts shall appoint, there to remain till authority shall examine the person offending, & giue order for his punishment, as the matter may require, according to the lawes relating to the Saboath. This Court, considering the necessity of a present & vigorous prosecution 134 THE EECOKDS OP THE COLONY OF 167 7. of the warr ag^' the insolent eastern Indjans, by invading & assaulting them in " '^ ' their quarters, especially near the sea coast, doe therefore order provisions of Order forT'vi ^^^ sorts, necessary to ^ made for two hundred men, to be sent to Blackpoint, orous prosecu- to furnish a magazine there for the souldiers to be imployed in those parts ; & tion of the -it warre ag" the further, that a light vessel and two shallops be provided to attend the said eastw^/ ^ souldiers, for their transportation over creeks and rivers, & pursuing the In- r*128. 1 • /~i to provide provide snapsacks, & being wholly silent concerning musketeers, this Court snapsacks. declares that musqueteers shall & are hereby required ^ provide snapsacks, with others amunition that law expresseth. 136 THE EECORDS OF THE COLONY OF 1G77. 24 May. [*130.] Order as to setling our neighbours Indiaos in 4 plantations. Order to pre- vent inconve- uience by In- jans travayling the woods w'^ their gunns. *Whereas, after this time of trouble & warr with the Indjans, the well ordering & settlement of those that remaine & are under command is a mat- ter of great concernment to the peace & security of the countrey, & the wel- fare, civilizing, & good education of the id Indjans & their children, it is hereby ordered & enacted, that such Indjan children or youths that are setled or disposed, by order of authority, or with their parents or relations consents to any of the English inhabitants in this jurisdiction, shall so remaine with them as servants, and to be taught and instructed in the Xtian religion untill each of them attein to the age of twenty fowr yeares of age, except by speciall contract it be otherwise provided ; and for such other Indians children, youths or girls, whose parents haue been in hostility with us, or haue lived among our enemies in the time of the warr, and were taken by force, & given or sould to any of the inhabitants of this jurisdiction, such shall be at the disposall of their masters or their assignes, provided they be instructed in civility & Christian religion ; & for all other Indians that are admitted to Hue within this jurisdiction, as well such as are called Praying Indjans, as well as others, shall be reduced to inhabitt in fowr places for the present, viz', Natick, Punkapaug, Hassanamesit, & Wamesit, & within the limitts of those townships as they are graunted to them by the Generall Court, where they may be continually in- spected, & from time to time ordered & goverd by such as this Court or coun- cill shall appoint ; & when they are once setled as aforesd, a list to be taken of all the men, weomen, & children of the severall companies once a yeare at least and kept upon record, with a strict charge & prohibition, vpon the poenalty of the displeasure of this Co''t, not to receaue or entertaine any stranger or forrein Indjans or Indians into their societies, w^'out the knowledge or appro- bation of authority ; and that the Indjans about Piscataqua shall be settled about Quochecho, as shall be further ordered by the councill ; and all other lawes & orders relating to the Indjans, & made since the warre began, as to their confinement to this or that place, or giving liberty to take or kill any ^ them found without the limitts appointed, are hereby repealed and declared vojd. For the preventing of all inconveniances that may fall out by the setting of the Indians at liberty, to be freed from any feares of being shott, found out of their limitts, it's hereby ordered, that all neighbour Indjans & friends, though at liberty to hunt, &S, yet carrijng their gunns with them into the woods, & not easily discoverd whither freinds or not, shall & hereby are en- joyned, on the sight of any English person, or being called unto, shall im- mediately lay down his gunne, & leaving them, repaire to the id English per- son, & make it out by his certificate, from some person in authority, of his THE MASSACHUSETTS BAY IN NEW ENGLAND. I37 name and place of aboad, and liberty as aforesayd, or otherwise, shall be liable 1677. to haue his gun taken from him, & be looked on as an enemy ,• *nor shall any ^"^ "^ ' Indian on . this side Merrimack Kiver haue liberty to travaile the ■woods with ^^ ^J' their gunns without a certificate from Majo' Generall Denison & Majo' Goo- kin, or on the other side Merrimack Eiver, without like certificate from Majo' Richard Waldron. It is ordered, that the Treasurer bring in the countrey's accounts forth- Treasurer to with, that the Court may come to understand the true state of the countrey. tm^cc*s!°"'' This Court doth order, that all disbursements, (since the first of May, 1676, relating to the Indian war,) according to their severall species, shall be reduced to the prizes & valuation hereafter expressed, i. e., that the prizes and payments of all things referring to the premises to be at the country rate piize : — To billeting of souldiers, viz', one man, p week, fine shillings & four pence. To provision for souldiers out, i. e., for one man, p week, fiue shillings & four pence. The souldiers billeting, or provision out, as aforesd, from the date of these presents, p week, 5 shili. To billetting souldiers by y° meale, not exceeding two dayes, after two meales a day, 6* p meal. To loss & dammage of armes & furniture as the committees of militias in the severall townes shall value, at a just & sequall prize. To a horse at grass a day & a night, not exceeding two dayes at a time, fowr pence. To a horse at grass one week, 1' 6'*. To a horse at dry meat a day & a night, not exceeding two dayes at a time, six pence. To one horse at dry meat a week, 2 shili. To a horse hire by the week, two shillings. To a horse for a day or two, not exceeding four dayes, six pence p day. To a horse imprest as dragoone, to be paid as troopers horses. To posts, as the law directs. To provisions of aU sorts, as bread, p hund'* ; beife, porke, by the barrell, at the current prizes they are sould at the time they are taken up, to be pajd in money. To horses lost, as the law directs. To carting, 4 oxen & a man, 5 shillings p day ; to a man with three horses & a cart, at fiue shillings p day, & so proportionable. To ferriage of souldieis & horse, halfe prize. To powder, two shillings p pound ; musquet bullets, 8^ per score, & small shott proportionable. To oates, according to two shillings p bushell, provided the billetts of souldiers in perticular places be allowed by the committee for the warr, and the allowance for ferriage concerning some few perticular persons VOL. v. 18 24 May. 138 THE RECORDS OP THE COLONY OF 167 7. be suspended to further consideration j and that all bills signed and allowed by the committee of militia of the respective townes, according to the rates, shall be accepted and paid by the Treasurer. Law ab* book In answer to the petition of sundry the inhabitants of Boston, humbly effor s'ye^s." desiring that the law ab' book debts be repealed, it is ordered, that the law respecting book debts shall be & hereby is suspended for three yeares longer from y^ time. [*132.] *It is ordered by the authority of this Court, that the custome of all Double cus- -wines, brandy, & rumme imported into this jurisdiction shall be doubled from tome for all wines, brandy, henceforth to what it hath been pajd. Whereas it is manifest that the prizes of horses is much fallen to what Prizes of horses, 3", &c, they formerly were, & yett, by law, are to be rated at 5'' p horse, it is therefore ordered by this Court & the authority thereof, that henceforth all horses & mares, from three yeares old & upwards, shall be rated at three pounds in a single country rate ; between two & three year old at forty shillings, & be- tween one & two yeares old twenty shillings ; any law, custome, or usage to the contrary notwithstanding. 30" to Maj' Whereas, by advice & order from the councill unto our friends of Con- ^° ™' necticut, Majo' Pynchon was imployed to the Mohaucks, & his account of charges & expences amounting to the sume of one hundred twenty & eight pounds money, its ordered, y' the Treasurer discharge the same forthwith, that engagements may be taken of from those that passed the same on the countryes behalfe ; & it is ordered, that Majo' Pynchon be allowed thirty pounds in money, he discharging the charge of the twelue men that went w* him out of the suine ; & that the id summes aboue mentioned be paid by the Treasurer, & be proportioned by the commissioners at their next meeting, & charged upon the severall colonies according to the articles of confederation. Courts acts as The Court having agreed to rayse forces for the suppressing of the to our con ce - gugmy ^^ the east parts, & the late newes of their further incursions requirinsr erates joynmg j r ^ -x o with us & send- the hastning thereof, with an additionall number to those formerly mentioned, ing to y" east- erne warr. the Court judgeth it meet that our confoederates be forthwith acquainted with the enemies motions, & our absolute necessity of a vigorous prosecution of the enemy, & that they be respectively requested to send their proportions of English to the number of one hundred, & of Indjans to the number of two hundred, with amunition & provisions accordingly ; &, for the more speedy hastning hereof, that meet messengers be sent with letters from this Court. For defraying the charges allready expended upon the warr, & other charges arising in the future prosecution thereof, it is ordered by this Court and the authority thereof, that there shall be six single country rates assessed THE MASSACHUSETTS BAY IN NEW ENGLAND. 139 & collected sometime within two months now next following, to be paid in 16 77. specie, as formerly, & to abate one third part *to any that shall pay money. ^"^ '^ ^ Also, that the select men of the severall towne be allowed & impowred to rate q^^^^ ^^^ g by will & doome such as are known to be men of ability, whose estates in '^^*®^- great measure ly out of j" reach of the law, being undiscovered, without L I'^'^'J abatement on acc°* of any mans paying for importation of goods ; & in case of agreivance by over valluation, releife to be giuen to such in such a way as the law provides. And where any persons in any of the townes haue dis- bursed for the publick relating to the warr, they shall be allowed & payed the same out of the rates of such townes where they dwell ; and that each townes proportion to a single rate be, according to the late valluation, transmitted to the Treasurer. The county of York, with Dover & Porttsmouth, being behind in their Order for 32 rates in proportion [the remainder of page *133, and pages *134 and *135, uer& Ports- are in the handwriting of Secretary Eawson] with the rest of the country, it ™°"*- is ordered by this Court, that the Tresurer forthwith issue out his warrants for levying and collecting all rates lajd on the country which are behind vnpaydj according as the lawe provides, being in all thirty two single rates, including the sixe rates granted this present session. Whereas, for the preservation of the peace, suppression of vice, and ac- Order for co- „,...,.. ■ missionating comodation of justice in seuerall parts ol this jurisdiction where no magistrate associates. dwells, it hath binn customary for this Court to ■ authorize meet persons of quallity & skill, and them to invest w"' magistraticall power, it Ais'ordered by this Court, that henceforth all such persons so appointed and allowed shall haue comission granted them accordingly from this Court and vnder the scale of this colony, according to the direction of the charter, wherein wherein shall be incerted the preservation of the peace, taking recognizances and binding ouer offendo'^ to the County Court to which they belong, punishing all of- fences whose poenalty is stated by law vnder forty shillings, or corporall pun- ishment not exceeding tenn stripes, in such cases as are by law refferred to the judgment of any one magistrate, taking depositions, joyning persons in marriage according to lawe, ending small causes and actions not exceeding forty shillings ; & all this for the tjme being, & w"^in the precincts of the toune where t'ley dwell. " „,^, , [*134.] T^ ^ nt^n Councills act *Att a meeting of the councill the 28'" of December, 1676, vpon com- enabling 5- plaint made by the selectmen of Boston of the inconvenience of the strajtnes ^f^j^J"^^'; *° ^^ of the streets lately layd wast by the fire, it is ordered, that no person or per- street. 140 THE RECORDS OF THE COLONY OF 167 7. sons presume to build there againe w*out the advice and order of the select- " "* ' men, till the next Generall Court. ^^'^" By the council!. EDW: RAWSON, Secre?. Selectmens or- Att a meeting of the selectmen of Boston the 1^' of January, 1676, w"* out y street, divers of the inhabitants of the toune whose houses were layd wast by the late *°- fier, the order of the honord council was read to them ; and the select men staked out the streets, and declared, that any man might rebuild his house with their approbation & consent, that should observe the ensuing directions concerning the street : that the west side of the streete from Majo'' Thomas Clarks brick wall vnto a stake neere the corner of Thomas Joys land, in that lane which leads to the place of the north meeting house ; and from that stake along the sd west side of the way, as now staked out, to the corner of M' Edmund Mountfords foundation on the same side of the way ; and from the corner of M' Warrens house, vpon the east side of the way, to a stake in the land of Daniel Turin, Jun, ouer against that of Thomas Joyes corner, where the streete The length & IS to be twenty & two ffoote in breadth, and so all along the street to Edmvnd Mountfords two houses on each side of the way, the Ijne to runne from the aforesajd stake at Daniel Turells to another at Henry Cooly", & from thence to Edmond Mountforts on the east, and so to the corner of Peeter Gees house, as now staked out. This is a true copie of a reccord taken out of the booke of reccords be- longing to the toune of Boston. As attests JNo JOYLIFF, Eecord' Sattisfactionto The act of the council & returne of the selectmen of Boston, as aboue, y p'tys not consenting. yp'tysno being read & pervsed by the Court, who tooke notice that the street, as now layd out, is made wider & more accommodable to the publicke, & due sattisfac- tion given & received by all persons concerned, one only excepted, the Court approoves of the act of the select men, and orders it to be proceeded in, & the person that hath not consented to haue the like proportionable sattisfaction tendred him for so much of his land that is taken and staked out to y« streete. 1 June. Gent" : — Connect?cott'° '^^^^^ ^^^ *° ^'^^^^^ ^^^^ ^^^^ *^® S°°^ pleasui'e of divine Prouidenc for their pro- yett to Suffer the ennemy to prevayle against our eastern plantations, wherein portionable ii-ni ayde. they haue lately killed sundry persons, & burnt doune some houses, and a considerable part wholly depopulated ; and wee are lately informed that they THE MASSACHUSETTS BAY IN NEW ENGLAND. 141 growing numerous, and haue had recruits of aSinition from the French, 16 77. ai-e grown to a great higth of insolency, and doe threaten to spend the sum- mer quarter in rainging vpon our westerne quarters, hoping to lay wast ; *the consideration whereof hath put this Court vpon a resolution of raysing forces for giving them a repulse ; doe judge that lesse then one hundred English, accompanyed w"' two hundred Indians, willbe sufficient for giving them a repulse ; in the prosecution whereof, considering the relation wherein wee stand one to another by the articles of confoederation, wee judge ^ is our duty to acquaint yow heerewith, and in confidence that yow will not fayle to send your proportion of men, furnished with prouissions and aflinition, especially consid- ering that the place of randevous willbe at Blackpoint, to w* yow may, w"' like facilitje as ourselues, transport by sea from New London, where we haue ordered our forces to meete the 26"^ of this instant. Expecting yo"^ com- pljance heerin, & speedy answer by the bearer, M' Bull, whom wee haue Sent by M' , , 1 T 1 1 Bull 2* June. sent as our messenger to hasten the more speedy dispatch, that so wee may haue no fayleur in a matter of so great concernment to the publick peace, wee shall take leaue, comitting yow to the guidance, blessing, & protection of God Almighty. "We are Your freinds & confosderates. EDW° KAWSON, Secret. In the name & by order of y Generall Court of y° Massachusetts. !»' Jue, 1677. Gent" : — Wee suppose it is not vnknowne to yow the distresse that our easterne Geu" Courts ,.-.,.„. , letter to Pljm- tounes are in by reason of the comon ennemy, who is dajly iniestmg those ^uth for ayd. parts, and hath proceeded on this side Pascataqua River. The expeditions wee haue formerly made against them wee haue given yow notice of, expect- ing your assistance, according to agreement of confoederation, but haue not received answers thereto. The Generall Court, now sitting, haue concluded, as necessity doth require, to rayse three hundred men, one hundred English and two hundred Indians. Gent", you well know your just proportion of that Sent by M» I , . . Ammy Corlet. number, and our ready compljance w™ yow m your distresse at the beginmg of the present warr. Our expence in this eastern warr, wherein wee haue had no assistance from yourselues, hath already binn some thousands of pounds, hesides the liues of our people there ; wee pray & expect that yow comply in sending your proportion ; wee indeavo', w*'' all expedition, to ad- vance our forces so as that they may be at Blacke Point on the twenty sixth, whither your men may be easily shipped of from any of your townes, whenc 1 June. ]42 THE RECORDS OP THE COLONY OF 16 7 7. they may advance as intelligence & oppertunity presents. Wee expect your complyance herein, & speedy answer heereto by the bearer, M' Ammy Corlet, or otheruise. Letters of the same import wee haue also dispatch' to our freinds of Connecticot, for their assistance accordingly. Coinitting yourselues & council to the guidance of Almighty God, wee are. Your freinds & confcederates. The Gener^ Court of the Massachusets. EDWAED RAWSON, Secre?, * & signed by y^r order. 1=' June, 1677. [Page *136 is in an unknown hand.] [*136.] *In ans' to the petioon of Mary Allen, late of Dearfeild, the Court Ans' to Mary judgeth it meet y' John Roote & his wife, who was lately the wife of Samuel Aliens peticon. Hinsdale, shall be and hereby are impowred to giue legall- assurance of y» land therein mentioned unto the petition'', Mary Allen, & hir children, accord- ing to her desire. Leif Thomas The Court, being informed that Cap? Thomas Wheelers troop is much of' the troop y' diminished, partly by his death & others, & partly by removall to other places, was lately Cap' -yirhereby there numbers doe not much exceed thirty troopers ; considering allso "Wheelers, &5. "^ jo the benefit that may accrew to the country by upholding a troope on our out- side townes, doe order & enact, by the authority of this Court it is ordered & enacted, that Leif? Thomas Hinchman be cap? of y^ sd troope, & M'^ John Flint his leu*, and all the troopers in Sudbury, Marlborough, & Concord, y* are at present under the command of Cap? Thomas Prentice, are hereby or- dered & required to performe y'^ service under the command of the sd Cap? Hinchman & his officers, as an addition to that troope. Ans' to Edw^ In answer to the pe?ion of Edward Flint, of Salem, the Cort judgeth it lou" f th' '20" ''■^^^^ t° remitt & abate the petion'^ the one halfe of the 20^ fine due to the fine remitted, country. Courts ans' to In answer to the motion of M"'^ Penelope Bellingham, the relict widdow " e ng- ^£ ^j^g ■j^j.g i^ono^'able GoQnour, Richard Bellingham, Es^, deceased, this & hir interest Court doth Order, that she shall haue his dwelling house in Boston, & lands set out & de- clared, joyning, & other buildings adjacent, as also the farme now occupied by Samuell Townsend, during her naturall life, as also the household stufie left her in the house, together with the ballance of M'^ Stoddards acco', which is forty six pounds thirteen shillings, to be at her dispose, with two cowes she had, & 5" lent her, & three pound odd moneys in stufFe for a goune, delivered by the trustees, provided allwayes that she shall not make any strey or wast of THE MASSACHUSETTS BAY IN NEW ENGLAND. 143 wood or timber, & at her chardge, from time to time, & at all times, keep the 167 7. houses & fences tenantable & in good repaire. ' ^ In answer to the pelion of Robert Symons, servant to Jn° Comes, humbly j^„ , + desiring the favour of this Court to remitt his fine imposed on him by the ^°'^^ petion. County Cort, the Court sees no cause to graunt his request. In ans' to the pelion of severall inhabitants & tradesmen of Boston, as Ans' to i shoomakers, coopers, taylo'^s, & joyners, in ans' thereunto, the Court judgeth p^etion^shTo- it meet to referr the consideration thereof to Edward Ting, Esff>, Cap? Hugh ^^'^''^^' """v- ei-B, taylors, Mason, Capt Stileman, & Cap? Fisher, a committee appointed by this Court, jginers. M' Edward Ting to appoint time & place of meeting, to draw up something as to the regulation of trade, & to present the same to this Courts further con- sideration, at the next sessions of this Court. ♦Gent'': — [*137.] Vpon the motion of this Court formerly for the erecting a new SBdifice for Gen" Courts IcttGF to V" S6U" the coUedge at Cambridge, wee received from yo'' tounes subscriptions of con- ^^.^n ministers siderable value, at w* time wee suppose there was vpon vow a serious sence * selectmen of ■^ ^ J. ./ ye sen" tounes of so good a worke, which procured so free a promise from yo^'selues ; but so ab' subscrip- it is that the ouerseers of that worke, who were entrusted to receive the same, ledge, &c, & m.ake complaint that yow are yet behind considerably of your engagements on ^^"^ °°* P*" 00. that behalfe, whereby the building is obstructed. The want of some supply makes the house wholly vseless, & frustrates the dono's intentions & the countrys just expectation. Wee entreate & expect that yow hasten w'^in two months to compleat your fall summs, & remitt the same to M' Maning, & others of Cambridge betrusted in that matter, that the worke may be finished, and this Court prevented further trouble of taking the same by distresse. Herein yow will comply w"' your owne duty. This is all I am comanded at present. EDW" RAWSON, Secre?. In y® name & by order of the Generall Court. Gent" : — The necessity of the case presseth vs to write these lines to excite & stirr Courtt letter y< vp the godly & well disposed minds of yo-^selues, brethren, & neighbours, the "enrfthote" inhabitants of Ipsuich, &$, to joyne yo'^ helping hands in a free contribution for towns y« bane •*- Mf ^ 1 jjQ^ suDscnbed. finishing the new bricke coUedge at Cambridge, w* being begvnn about two n. saiem, Ips- yeares since, and advanced in a good measure, but during the warr hath stood ™jjj",,„t^° at a stay for want of mony to finish it ; but now the old coUedge being fallen doune, a part of it, and thereby rendered not habitable, and the new coUedge 1 June. 144 THE RECORDS OF THE COLONY OP 167 7. is like to suffer mucK damage if it be not speedily finished, these considera- tions vrge vs to desire yow will follow the example of yo' brethren and neigh- bors in other parts of the country, & speedily collect what the Lord doth en- cljne the hearts of the good people of yo"^ toune to contribute for this good & publick worke. Touching the way & manner to effect this matter, wee leaue it to yo' prudence, only desire your dispatch in this affayre w^'in a moneth or two at the furthest, and that yow will endeavor to procure what yow can in money, or that which is sequivolent, because the worke will neede such specie ; and what yee shall doe herein, either by way of subscription, or receive in ' money or other pay, wee desire that yow will transmitt it to M"' Maning and Deacon Cooper, of Cambridge, stewards for that affayre, whose receite shallbe sufficient. Wee hope there is no neede of arguments to excite yow herevnto ; wee shall only desire yow to consider that scripture, 1 Chronc 29, especially from verse 10 to 17, wherein David and the people of Israeli gaue liberally vnto a good worke, praysing God that he had given them hearts to offer so willingly, acknouledging that all their substance came from God, & that of his oune they had given him, vers 13. But wee shall add no more, but comitt yow to God, & remajne, Yo' loving freinds, the Gen^ Court of y® Massachusetts. Signed by their order, EDW» KAWSON, Secry. Boston, 23 May, 1677. [*138.] *In ans' to the petition of seuerall members of the church & inhabitants Courts cpmit- of the toune of Salisbury, it is ordered, that Majo"^ Generall Dennison, Thomas tee to repaire to Salisbury & Danforth, & Joseph Dudley, Es^s, Majo' Thomas Sauage, Cap? Hugh Mason, fe^rences"^ " Cap? Daniel Fisher, Major Samuel Apleton, & M' Thomas Graues, shallbe & heereby are impowred, as the comittee of this Court, to repajre vnto Salisbury- Towne, & convene before them the inhabitants of the sajd place ; & after a full hearing of the rise «fe grounds of the disturbance & contentions that iaue of late yeares hapned amongst them, refferring to their civill & eclesiasticall concernes, & to make such a conclusion as may haue a tendency to the healHng of their spirits, and putting an end to their q^uarrells, & preventing the like for the future ; and all persons concerned are required to attend time & place that shall be appointed for their meeting, & submitt to the determination that shallbe by the comittee made & given, and the comittee is to make the report Young men of their result to the next session of this Court. yseiu'tobeitn^ Information being given to this Court of sundry young men & single pr't, & as many persons in the eastern countys that are out of imployment, & not capeable to releast out of York, Dofl, &0. prouide for themselues, by reason of the troubles there ; to the end they may THE MASSACHUSETTS BAY IN NEW ENGLAND. 145 be the better provided for, & improoved for the publicque safety, it is heere- 1677. by ordered, that they be for^uith impressed into the countrys service, (by " '' ' eastern countys is to be vnderstood the countjes of Yorkes, Dover & Ports- mouth,) prouided that there be as many of the souldjers from those parts no-w- in garrison in those townes dismissed as are pressed & taken into the service aboue mentioned. Left W°^ Clarke, Lef ? Dauid Wilton, Left W"" AUice, & Deacon Peter Hamp. associ- Tilton, returned to this Court as chosen to be associates for Hampshire Courts ^^^' for y' yeere, were allowed of. Capt Jn" Wincoll, M"^ Edward Eishworth, M' Samuel Wheelewright, & Yorks asBoci- M' W"" Symonds, returned to y^ Court as chosen to be associats for y« county of Yorks for this yeere, was allowed & approoved of by this Court. Majo' Richard Waldron, Capt Eljas Styleman, M' Eichard Martyn, & Douer associ- Cap? Tho Daniel, returnd to this Court as chosen associates for this yeare for the County Court of Douer, were allowed of by this Court. Capt Nathaniel Saltonstall, Capt Thomas Bradbury, & M"^ Samuel Dalton, Norfolke asso- retumd to this Court as chosen associats for the County Court of Norfolke, were allowed & approoved of by this Court for this yeare. Capt Nathaniel Saltonstall is appointed to haue majestratticall authority Cap« Salton- xT 'n r .1 • • Stall invested m HaueriU for this yeare ensuing. ^., magistrat- M' Samuel Dalton is appointed, & was alike impowred w"' majestratticall ^"^^^ authority authority in Hampton for this yeare ensuing. So is M' Dalton Maio' Eichard Waldron ffor Yorks, Douer & Portsmouth, and Capt Elias '"^ Hampton. Douer & Ports- Styleman & M' Richard Martyn for Portsmouth & Douer, wer alike invested mouth comis- w* magistratticall authority for the yeare ensuing. ' ' *Vpon a motion made in behalfe of the toune of Newbery for some meet [*139.] person to be invested w* magistraticall power there for this yeare ensuing, M' ■^y'^p^^"^, , John Woodbridge, Sen, is impowred to act in all respects as any magistrate Newberys pow- er, may doe w*''in the sajd toune for the yeare ensuing. In ans' to the motion from the comittee of militia for the toune of Salis- Major Pikes — (■•!•• 1 Tv/T ■ TTi account to be bury, the Court judgeth it meete that the comittee of militia take Majo'' Pikes taken, account as of other men, and that it be presented to those whom it doth con- cern, that due sattisfaction may be made acordingly. In ans' to the request of Dedham, Cap? Daniel Pisher is heereby im- Cap« Fishers , . . • • -r> 11 1 n power to mar- powred and authorized to joyne persons in marriage m Dedham, legally jy^ ^g published there, at least one of them, as also to take & give oaths there. In answer to the peticbn of Jn" Woods, constable of Marlborough, ^voods peticon humbly informing that, since Marlborows scattering by the late warr, twenty ^^*°^^^^'^"" seuen families are returned, and therefore desire he may convene the inhabit- selectmen, &c. VOL. V. 19 146 THE RECORDS OF THE COLONY OF 1677. ants legally capeable to choose select men and other officers according to laWj ^~ '^ ' that so they may haue gouernment and order in the toune, the Court grants 1 June. , . this request. Courts ans' to In ans'^ to the petlcon of the inhabitants of Chebacho, belonging to the peticon. toune of Ipsuich, humbly desiring the favour of this Court, that, to prevent the profanation of the Saboath, they living so remote, to grant them liberty to build themselues a meeting house, &6, — The Court judgeth it meet to referr the peticoners to make their applica- tion to the toune of Ipsuich for a due consideration of their motion, and order the sajd toune to give in their answer to the same to the next session of this Court, in order to a determination therevpon. Quait'm' Per- The account of Quarter Master Perkins being exhibbited to y* Gennerall refferd. Court by Phillip Powler, being pervsed, the Court finds many articles too highly chardged, and doe therefore referr the consideration thereof to the comittee of the army to examine, and passe what they finde just & meet to be allowed. Ans' to Susan- In ans"^ to the peticon of Susanna Ayres, late of Quoboag, widdow, aljas na yres pe i- gj-^Qj^-feild^ humbly desiring the favour of this Court that what she expended on & the souldjers had of her for y** countrys vse, as five pounds tenn shillings in swyne, by Capt Pooles order, as also seventeene shillings & seven pence Ephrajm Curtis had for him self & company, & horses, on the countrys ac- count, w**" what Majo' Willard had, which will appeare by the account, she [*140.] Hiay be *pajd & sattisfied for, the Court grants hir request. Ans' to Mary In ans"^ to the peticon of Mary Kemball, of Bradford, widdow, humbly desiring the favour of this Court to comisserate hir sorrowfuU condition, that the payments due from hir to the country may be released till she shallbe capacitated & enabled to prouide for her vrgent necessitjes, the Court judgeth it meete to grant hir request. Ans' to Georg In ans"^ to the peticon of George Blanchard, Samuel Blanchard, Joseph ticon &c. Blanchard, & Thomas Shepheard, the law, title Possessions, if the peticoners make a true report, fully answers what is desired, and therefore the peticoners is referred to the comon law. Order enabling It is ordered by this Court, that M''^ Elisabeth Elljot, relict & sole exec- ict'toM' Jn^' cutrixe vnto the late M"^ John Elljot, pastor of Cambridg Village, w"' the Eiijott, to sell, consent of the oQseers of the will, be, & hereby are, enabled v/^^ full power to sell & alljenate the houses and lands in that place, lately belonging to the deceased, vnto M'' Nehemiah Hubbard, minister of that place, or to any other person or persons, & their heires for euer, forasmuch as the sajd house goes to decay dayly, & repaires will ffarr exceed the rent, and the widdow & THE MASSACHUSETTS BAY IN NEW ENGLAND. 14 7 hir sonn much suffer thereby, provided it be donn according to y" termes of 167 7. the will. ~- — Y In ans-^ to the petition of Elisabeth Bent, in behalf of hir sonn, Peter ^ ^ t""^' ' Peter Bents Bent, humbly desiring the remitment of the fines imposed, the Court judgeth 1"" fine sus- It meet to suspend the tenn pounds fine to the country till this Court take further order therein. In ans'' to the peticSn of John Bridgham, Jn°than Bridgham, & Joseph Ans' to John Bridgham, Henry Allin, Robert Sanderson, ouerseei-s to the two younger Sott''^.^^" brothers, &d, the Court judgeth it meet to referr the consideration & determi- nation of their peticSn to the County Court for Suff"olke to make diuission & setlement of what is petiooned for as they shall judge sequall, according to law. This Court, on sundiy considerations them mooving therevnto, doe grant Courts grant vnto Thomas Earaes two hundred acres of land, to be lajd out in any ffree Tho^'Erm'e" place, not prejudicing the laying out of a plantation. In ans'" to the petiobn of seuerall troopers formerly vnder Cap? George Salem troop- Coruin, humbly desiring the favour of this Court to grant them a dismission ^"^^ ^^''^''y- *"■ from trayning, &(3, the Court grants the peticoners request, prouided they once w^'in two moneths Ijst themselues in some other troope, or otheruise to returne into the ffoot companyes in the townes where they live. In ans'' to the peticon of W'^ Needome, the Court declares that the five An' to W" pounds mentioned in his peticon, being divided amongst the souldjers for ~ ^^ """^ ^^ '" salvage, cannot be recalled. *An account of the late Capt "W™ Dauis, presented to this Court by [*141.] Benjamin Dauis, his son & executo"^, the Court refierred it to the comittee of Cap« Dauis ao- _. ... , . 00'. Comittees the army & comissarys for examination & approbation. of armys re- The comittee of the army made their returne, wherevpon the Court *"™®' Treas' to pay orders the Tresurer of the country to make payment of the summe of one 170" 17« t. hundred & seventy pounds seventeene shillings & seven pence money. In ans'' to the petition of M"^ John West, deputy for Beverly, and on Ans' to Beuer- their behalf, the peticoners request is granted, & Cornet Whiple being ap- ^ ^^ ^''°^' pointed, in case the majo'' genii cannot attend it, in his roome, to proceed w"' the other gent" formerly appointed to vejw the place as in the former order is prouided, & that they make their returne to this Court at their next sessions. In ans'^ to the request of seuerall merchants of Boston, declaring that M' John Hay- they haue heard many complaints made by merchants and others that haue (g^ ^.5 binn sencible of the losse of letters, whereby merchants w**" their freinds & imployers in forreigne parts are greatly damified, many times letters are throune vpon the exchange, that who will may take them vp, &6, therefore 1 June. 148 THE KECORDS OF THE COLONY OF 1677. humbly desire this Court to depute some meete person to take in & convey letters according to y"" direction, this Court judgeth it meete to grant the petitioners request herein, & haue made choyce of M' John Hayward, the scrivener, to be the person for that service, Ans' to Priscil- In ans'' to the peticon of M" Priscilla Leuerdeur^ the Court- sees no cause la Leuerdeurs . ^ , ^ ■ ^^ t /> peticon. *-° I'emitt or abate the mulct as peticoned tor. Ans' to In answ'^ to the peticon of the inhabitants of Wrentham, the Court grants Wrenthams ^ , -n • mi -n ti t. r i. ' petiDo. the peticoners request, and orders Ensigne Thomas Jbuller to be oi tne comit- tee, in the roome of the late Capt Foster, to vejw, & make return to y^ Court. Order about It is ordered by this Court, that Joseph Kellog, ferryman, of Hadley, be payd by the Tresurer of the country forty pounds, as allowance for his losse of his teame, impressed for the countrys service, and w"' reflFerence to his ferriage of souldjers, prouided that the forty pounds aboue mentioned be ex- tended no further then the first of May last was twelue month w*'' relation to ferriage. Ans> to select- In ans'^ to the petition of the selectmen of Marblehead, it is ordered, that heads Deticon '^^'^ Moses Maucricke, Samuel Ward, & Ambrose Gale shallbe, and heereby are, empowred as comissioners to end smale causes at Marblehead according to M' Moses Mau- law ; and also that M"^ Mauerick haue power to joyne persons in marriage & take oath W'^in the sajd toune where no legall impediment appeares, and also to admin- *'^- ister oathes both in civil & criminall cases. [* 142.1 *Iii ans' to the petition of M"^ James Russell, execcutor to the last will & Courts order as testament of Richard Russell, Esqp, it is ordered by this Court, that the to M' Jame ri> i c i • i i r t -^ Eusseiiac- iresurer doe torthwith make payment oi the peticoners accounts yet resting counts & pay- ^^ him, and that the coiiiittee which auditted his former accounts doe againe meete & audit what he hath further to ^sent as due to the peticoner from the country, and to make returne of what they shall finde due to the present sessions of this Court if it may be effected. 314U 04" 7. It is ordered, that the ballance of the late Tresurer Russells accounts, put into this Court by M' James Russell, his son & execcutor, amounting to one hundred & seventy pounds seventeen shillings & fewer pence in money, & one hundred forty three pounds seven shillings & three pence, in all three hundred & fowerteen pounds fower shillings & seuen pence, be payd by the Tresurer to the sajd M' James Russell, execcutor to y" last will, &6, and in the species as aboue. Order ab« ^^^^^ Court, hauing ordered the accounts of Hampshire disbursments to Hampshire dis- ^,5 examined by the comittee for the warr, & the returne to be made to the Court now sitting, the sajd coiiiittee declaring they cannot goe through the THE MASSACHUSETTS BAY IN NEW ENGLAND. 149 same before the Court breakes vp, it is ordered, that the returne of the coinit- 1677. tee be brought in to the council for their approbation, and ordering payment " ' ^ by the Treasurer. ^ •^"'"=- In ans' to the petition of Majo"^ Bryan Pendleton, the Court, on pervsall Courts ans' to of the returne of the comittee, to whom they refferred the examination of the ^ns Je'tiifo n" matter exprest therein, doe order, that the petitioner be payd for his fower oxen twenty pounds by the country Treasurer, & for other things mentioned in hisupetition, that he haue liberty to take it where he can finde it. In ans'' to the petition of Rachell Pouter, of Billirrica, widdow, the Court Ans' to Rachell judgeth it meete to reffer the consideration thereof to the next County Court, foT.""^ ^''^' in refference to the grounds & reasons thereof. In ans' to the petition of seuerall the inhabitants of Rowley, Maximilljan Ans' to Rowley Jewett, &(3, this Court declares, that in case the difference in the tonne & ^'^^ '°"' church of Rouley, mentioned in the petioon, be not taken vp & healled be- tweene themselues before the next sessions, the id case then to be heard on the third day of the next sessions, and all partjes concerned are to take notice thereof, and make their appearance accordingly. [Pages *143, *144, and *14o are in an unknown handwriting, with interlineations by Secretary Rawson.] *In ans"^ to the humble motion of the towne of Hadly by their deputy, [*143.] it is ordered, that Leif ? Sam" Smith shall be, and hereby is, impowred to ^^'^ s^"" Smith to marry solemnize marriage & take depositions in the towne of Hadly. &giue oaths at In answer to the petion of Maio"^ Thomas Clarke & M'' Mary Lake, relict . ,.. . ■^ •' J ' ^jjg, (Q Major of the late Capt Thomas Lake, it's ordered, that the two gunns mentioned in Ciarks & m™ their petion, brought to Boston by Majo' Waldron, be againe restored to them, peticons ; y In ans-- to the peBon of W-" Bennet, in y« behalfe of himselfe & the S"""^ ^° »"= '^ ' •! restored. rest of the inhabitants of the towne of Manchester, it is ordered, y' Samuel Aus' to Man- Gardner, of Salem, John Dodge, of Beverly, Leift Philip Nelson, of Row- gon^.'^^osutt'ee ley, & Cap? W" Gerrish, of Newbeny, or any three of them, be a committee appointed. to veiw & state the bounds between Ipswich & said Manchester, & make y"' returne to the Court for determination. In ans' to the pe^ions of Majo' Richard "Waldron & Major Robert Pike, Ans' to Maj' - , -r, ,. , . J • 1 • • Waldron & the Court doth order, that the sd Barefoot be againe returned to jayle, m satis- jj^jg^ pj^gg faction of the execution out ag^' him, & the pe^ion'^ and either of them, are '^^^^^^^^ *^j hereby impowred to effect the same, all marshalls & constables being hereby required to yeeld assistance therein, that the same be forthwith effectually en- deavoured, or else the judgment of Salisbury Court to stand good ag=' the petion'=, & the County Court, that respited the execution, on complaint made, are accordingly to giue order for levijng the same. THE EBCORDS OP THE COLONY OP In answ'" to the petion of the inhabitants of the towne of Bradford, hum- bly desireing the favour of this Cort to apoint them a brandmarke, as set in 1 June. _ . , I rv^^ Bradford brand ''^E"* peticon, the Court graunts their request, as it is here, S^^ miirke, SQi. jjj a,nsw to the request of the towne of Concord, the Court graunts that Concord brand , i . i i i /in marke,=^ the mark y presented be their townes brandmaxk, =^^ Ans' to Clem- In answ' to the peticon of Clement Gross, who declared that, by the in tion. °^^ ^^" stigation of his late wife & friends, & by a wile, he was drawn to signe & seal to an instrument he never vnderstood, conveying all his estate to M' Rich* CoUecot & Sargeant Norden, his feofees in trust, to her & her childrens use, leaving him nothing to pay his debts, &6, humbly begging the favo"^ of this Court to null the same, the sd JfFeofFees were sent for, brought in their deed, & on the back thereof endorsd. Wee, whose names are underwritten, being ffeofes in trust for y'= children within mentioned in this deed, upon the motion of the honoured Generall Court, now assembled, y* 23* May, 1677, doe hereby renounce our trust and any right to the within mentioned premises for the id children and our selues, as we are concerned therein, not doubting but the Gen''all Court will settle an estate upon the children sequall with y° rest of Clement Gross his other children, & see they will be brought vp during y' nonage. Boston, 26 May, 1676. RICH" COLLICAT, Witness, Thomas Gross, SAMUEL NORDEN. John Williams. Eefered to the The feofees were sent for, & appearing in Court, made y' surrend'^, & re- County Courts determinatio. oun y oui s jj^jjjgig^(.jQjj gf their power & interest in the deed, which the Court orders to be transmitted to the County Court for Suffolke, & that it be entered on y' reccords, & that some due care be taken for the education & portions of the two children mentioned by the County Court. Clement Gross being at the charge solely of this accon as to coppies & recording. "W» Cogswell In the case of W™ Cogswell, executor, &5, by his petition, plaintiff, ag^' corts Costs John Cogswell, defend', after all the evidences in the case produced were read 11" 7" 101. ^^^ jj^-^y considered, the Court found for the defend', besides ten pounds for the hearing of the case, costs of Court twenty seven shillings & ten pence. [*144.] *In the case of John Cogswell, pi', by his petion, ag'* W" Cogswell, Jno Cogswell executo'^, &<3, def*', after all evidences in the case produced were read & duely pi' ag-t W» _ r J C i> -well de- considered of, the Court found for the plaintiff, Jn" Cogswell, viz', the settle- ment of the farme to him & his heires, according to the lease from the towne THE MASSACHUSETTS BAY IN NEW ENGLAND. 151 of Ipswich, & the reversing of an execution for which he was in prison, for 16 7 7. Court charges, with fiue pounds for hearing the case, & costs of Courts, in all ' "^ -, , 1 June. nineteen pounds two shilhngs & sixpence. It is ordered, y* John Price be cap?, & Jn° Higginson he leif?, of the easterly foot company at Salem. Dudly Broadstreet is appointed capt to the foot company at Andever. Jonathan Wade is appointed capt of the Three County Troope, & Cor- porall W™ Green cornet, Isaak Brooks q^uarter master, of that troope. John Haughthorne is appointed capt of the foot company in Beverly, Jonathan Poole capt for Redding, Daniel Turin is appointed leift to Majo"^ Clarks foot company in Boston. Joseph Dudly, Es^, is appointed cap? to the foot company in Eoxbury. Joseph Dud- W™ Stoughton is appointed to be capt to the foot company in Dorchester. -^^^ gl' ' Peter Bulkly is appointed capt to the foot company in Concord. M' Joseph Cook is appointed leift to Majo' Googins foot company in Cambridge. It is ordered by the artillery company'in Boston, 7"" September, 1657, — Ancient & 1. That, whereas there is an agreement & order that every member of the company. company is to pay fowr shillings p year for their quarterages into the hands of the clerke, y* whatsoever is due from any of the company shall be paid within one month into his hands who is the present clerke. 2. It is further ordered by the company, that, for time to come, every one that is a member of the company shall pay into the hands of the clerke, vpon the election dayes, or before, his quarterage for the yeare past. 3. It is further ordered by the company, that the trayning dayes for this company be fiue yearly, & they to be on the first Mundayes of April, May, June, September, & October, yearly, & that then every ofiicer & souldier is to appear at their colours by eight of the clock in the morning ; & if the Munday proue foule, y' Friday after is appointed. 4. It is further ordered by the company, y*, if any shall neglect to ap- pear in armes four trayning dayes together, and not giue an account of it to the satisfaction of the company, he shall then pay to the company what is due both for fines & for quarterages, & haue his name put out of the rowle, & no more to be accounted a member of the company. 5. It is further ordered by the company, that if any be chosen to any office in y" company, & hath not born an higher office in the com- pany before, & shall refuse to hold the office he is chosen to, he so far slighting the company, shall pay what arrears he is yet behind to the 1 June. 152 THE KECOEDS OF THE COLONY OF 1677. company, & haue his name put out of the company's roule, & no longer be acknowledged a member of the company. 6. It is farther ordered by the company, that the clarke, without any farther order, shall haue full power to distreine for any fines or quarterages due to the company that shall be vnpaid one month after they are due. 7. It is farther ordered by the company, that the clarke shall every trayning day bring the book of the companies ord's into the felld, that it may be there not only to call over the company, [bu]t to enter any that is ad- mitted, & enter any orders y' shall be made. 8. It [ija farther ordered by the company, that the clarks accot, yearly, shall, after the day of the election, & before the next trayning day in Sep- tember, be audited by those who were the commission officers the year past with the capt & clarke y* is new chosen, that accounts may be dilivered into the new clarks hands. 9. It is farther ordered by the company, that whereas no towne trayning is to be vpon artillery dayes, yet the yet the comander of the artillery may haue liberty to request so much favour of any capt, and he not be a trans- gressor of the order to graunt it, to meet with his company upon such dayes with the artillery for the better helping forward discipline in the company. P145.1 *10. It is farther ordered by the company, that a perfect list shall be taken of the members of the company, &, being perfected, shall be called ove every traying day. It is also desird by y" company, that these seii'^ order may be presented by Majo"^ Atherton to y'= council for their approbation of them, y' so they may carry more authority w*"^ y"™. Aprill 5, 1675. It was y™ voted by y" artillery company, y* y^ orders of y* company be presented by Thomas Clark, Esq", to the General Court or councill for their confirmation. P JN° MORSE, Clark. The Com-t, having pused the aboue written orders of the ai-tillery com- pany, doe allow & approue thereof As attests EDWARD RAWSON, Secy. John Aiden, In the case now depending between John AUden, plaintiflf, agst now Major Thomas Majo'^ Thomas Clark, Esq>, defendant, in an action of the case comming to Clark. |.]^is Courts cognizance by petion, whereby he complaines of dammage to the villue of 6 thousand foot of boards, or eighteen pounds of silver, & all due dammages, the Court, on a full hearing of the case & all evidences therein, doe find for the plaintiffe a reversing of former judgments in the case & costs of Court. THE MASSACHUSETTS liAY IN NEW ENGLAND. 153 In ans"" to y= peticSn of Tho Haukins, the Court gf ted a hearing of y'= case 16 7 7. on Twesday next, & parties concernd to be sumoned to attend y' concerne. " * ^ This Court, having taken into consideration the pe^ion of Thomas „, ' Haukins, plantifF, ag=' Sampson Sheafe, defnd', together with the promise kins ag" Samp- made to the sd Haukms before «& after the mortgage, & the ingagements of the id Sheafe to Leif t Rich'* Cooke or his assignes, trustees for and in behalfe of the wife & children of id Hawkins, and hailing heard the allegations & all the euidence in y° whole buisnes, doe finde for the sayd pit, y^ id Haw- kins, & doe order for a finall issue, that id Sheafe do pay to Richard CoUecot, assignee of Richard Cook, the summe of seventy fine pounds in money to the id Sheafe, to be discharged, and the id CoUicot to giue caution to the County Court of Suffolk for the payment & imprpuement of the id summe of id Hawkins, his wife, & children, from time to time, as the id County Court shall see cause, & giue order „ the id Sheafe to pay all costs of Courts, & for this Courts hearing of the case, fine pounds, with costs, forty two shillings & two pence. In answer to the peticon of M' Richard Wharton, humbly desiring that Ans' to M' the sentanc of this Court in May, 1674, laying a restreint vpon him from 5on^*&°g on pleading any cause but his owne & M"" Eellinghams, thro a misrepresentation ^^^• of matters then chardged on him, that he msfhe released therefrom, &,&, the Court judgeth it meet to grant his request therein. In ans'' to the peticon of Jonathan Atherton, the Court, on perusall thereof, declare, they see no reason to graunt his request therein. In answer to the pe?ion of Benanuell Bowers, the Court judgeth meet to referr the consideration thereof to the next County Court in Middlesex for answer. Benanuell Bowers, of Charlstowne, now in Cambridge, upon the S*'' day of March last, did, by the hand of Elizabeth, his wife, present, together with a Quakers book, a paper of scurrilous verses, superscribed to Thomas Dan- forth, magistrate, wherin not only the person of the honoured M' Danforth is much defamed, & the bono* & dignity of his place, but also our honoured magistrates vilified, slighted, & contemned, & our ministry highly reproached, which id paper of his hath been presented to & perused by this Court, & the id Bower had opertunity to answer for himselfe, & being legally convicted, by sufficient testimony, of this his scandelous offence, the Court doth sentence him, the id Bower, for such his offence, to be openly whipt the next fifth day, after lecture, in Boston, with twenty stripes, & that a declaration be made, & then & there read, of the cause of his punishment. VOL. V. 20 154 THE EECOEDS OF THE COLONY OF 1677. *M a Gennerall Court, held at Boston, 10'^ of October, 1677. - — ^ — < 10 October. PRESENT, Jn° Leu'et, Es^, Go, [*146.] . Saffi Symonds, Es^i, Dep* Go, Symon Bradstreet, Daniel GooMn, Daniel Dennison, Thomas Danforth, W" Hauthorn, John Pinchon, Edward Tyng, Tho Clarke, Joseph Dudley. The deputies that served at this Court are to be seene in y« deputjes booke. Cap? Tho Sauage was chosen Speaker for y^ session. WHEREAS many secret^tempts haue binn lately made by euil minded persons to set fire*i^he toune of Boston and other places, tending to the destruction of the whole, this Court doeth account it their duty to vse all lawful! meanes to discouer such persons and prevent the like for time to come. Bee it therefore ordered & enacted by this Court and the authority thereof, that the law, title Oath^ and Subscriptions, page 120, sect 2'', re- quiring all persons, as well inhabitants as straingers, (that haue not taken it,) to take the oath of fidelity to the country, be reuiued and put in practise through this jurisdiction. And for the more efFectuall execcution thereof, it is ordered by this Court, that the selectmen, constables, and tithingmen, in euery toune, doe, once 'euery quarter of a yeare, so proportion and diuide the precincts of each toune, and goe from house to house, and take an exact Ijst of the names, quality, and callings of euery person, whither inhabitant or stranger, that haue not taken the sajd oath, and cannot make due prooffe thereof; and the officers aforesajd are hereby required forthuith to returne the names of such persons vnto the next magistrate, or County Court, or cheife military officers in the towne where no magistrate is, who are required to give such persons the sajd oath prescribed in the law, wherein not only fidelity to the country, but allegiance to our king, is required ; and all such as take the sajd oath shaUbe recorded and enrouled in the county reccords by the clarke of each 10 October THE MASSACHUSETTS BAY IN NEW ENGLAND. 155 County Court, & all such as refuse to take the sajd oath, they shall be pro- 167 7. ceeded against as the sajd law directs. And further, this Court doeth declare, that all such refusers to take the sajd oath shall not haue the bennefits of our laws to implead, sue, or recouer any debt in any Court or Courts w*in this jurisdiction, nor haue protection from this gofiment whilst they continue in such obstinate refusall. And, furthermore, it is ordered, that if any officer intrusted w"* the execution of this order doe neglect or omitt his or their duty therein, they shallbe fined according to their demerrits, not exceeding fine pounds for one offence, being complajned of or presented to the County Courts or Court of Assistants ; and this law to be forthwith printed and published, and effectually exeCTited from & after the last of November next ; and that all persons that administer the oath abouesaid shall in like manner make returne of the names of such persons so sworne to the respective clarks of the County Courts. *This Court being informed, by letters received this day from our mes- [* 147.1 sengers, of his maj^es expectation that the acts of trade and navigation be His majw acts -, 1 T . 1 . .^. 1 1 • 1 1 • ofnauigation exactly and punctually observed by this his maj'jes colony, his pleasure therein and trade to be not hauing binn before now signified vnto us, either by expresse from his "I's^"^^ ™;_ majesty, or any of his ministers of state, — It is therefore hereby ordered, and by the authority of this Court enacted, that henceforth all masters of ships, ketches, or other vessells of lesser or greater burden, arriving in or sayling from any of the ports of this juris- diction, doe, w*''out covin or fraud, yeild faithfull and constant obedience vnto and observation of all the sajd acts of nauigation and trade, on penalty of sufiering such forfeitures, loss, and damage as in the sajd acts are particularly expressed ; and the Gouemo'' and council, and all officers comissionated and authorized by them, are hereby ordered and required to see to the strict obser- vation of the sajd acts. As an addition to the late law made in May last, for the prevention of Addition to y profanation of the Saboath, and strengthning of the hands of tything men ^^o^th, tything appointed to inspect the same, — ™™^ P"™"^' It is ordered, that those tything men shall be and are hereby appointed and impowred to inspect publicke licensed houses, as well as private, and vnlicensed houses, houses of enterteinem#nt, as also ex officio to enter any such houses, & discharge their duty according to law ; and the sajd tithing men are impowred to asist one another in their seuerall precincts, and to act in one anothers precincts, and to act in one another s precincts w*"* as full power as in their oune, and yet to reteyne their speciall charges w'^'in their oune bounds. 156 THE RECORDS OF THE COLONY OF 1 6 7 7» And it is ordered, that the whole fine raysed by the poenalty of this In we "" "> ' vpon delinquents, either in publick or private houses, shallbe remitted to the county Tresurer, and the tything mens allowance made payable fiom him. Older for a day It is ordered, that the third Thirsday in November be set apart for a day i'ng^pSi'ted!''" of publick thanksgiving, and that there be a bill drawne for that purpose, as to the great plentiful! harvest, a cessation of the wrath and rage of the ennemy in a great measure, &6. W* was don, & printed, published, & kept accordingly. Orders ab« the The Castle Walls being in dainger & prejudice, by the not couering, and it^wMead"**? o^der being already past for finishing the couering, but hitherto neglected, this Court doe order, that y^ former comittee take speedy care to buy & con- tract for lead for the doing of it, and sett workemen vpon the worke, jr it maybe finished before winter, and that the country take care to pay for the same accordingly. [*148.] *To the end that there may be a supply made to augment the publicke Order for 3 treasury, that due sattisfaction may be made to such as to whom the country rates, 2 in . . mony & y« 3^ is indebted, it is hereby ordered, that there be forthw"" levyed vpon the in coun ypay. gg^gj.g^^ inhabitants of this jurisdiction two country rates, to be pajd in money, and one country rate more to be pajd in country pay ; the prises of all sorts of corne and other things pajd in the single country rate to be according to the last order of this. Court w** relation therevnto. And it is further ordered, that the transportation of all things payd in the country rate shallbe at the c\iardge r-*" he country, according to law ; and that if any person or persons shall r J tneir single country rate in money, shall be abated one third pte. Courts order It is Ordered, that the Tresurer doe forthwith prouide tenn barrells of his m >™ cranburyes, two hogsheads of speciall good sampe, and three thousand of cod ffish, to be sent to our messengers, by them to be presented to his majesty, as a present from this Court. Courts order & It is ordered by this Court and authority thereof, that Cap? Thomas take y» trustees ^'^^tlc for Sufiolke, Majo' Samuel Apleton for Essex, Capt Lawrence Hamond or stewards of for Midlesex, Cap? Nathaniel Saltonstall for Norfolke, Leiuteniit Wilton for y colledg ac- counts, &c. Hampshire, M' Samuel Wheelewright for Yorkshire, M"^ Eljas Styleman for the county of Doner & Portsmouth shallbe a comittee, and are hereby im- powred and authorized by this Cou]^ to take the account of the stewards of the new brlcke building at the coUedge, or any two of them, and to examine what rests yet behind, and vnpayd of the contrybutions in the seuerall townes, and to make returne of what they finde to the Gouerno' and council, in case of fayleur of the rest, who are by this Court requested to take efiectuall course for the requiring what is yet due of all such persons as are yet liuing and 10 October. THE MASSACHUSETTS BAY IN NEW ENGLAND. 157 residing in sucli tonnes, or haue estate remayning, whereby they may make 16 77. good such engagements, that so the account may be cleared before the Court of Election ; as also that such tounes and persons that haue not voluntarily subscribed may be stirred vp to contribute proportionably w"' their brethren in their subscriptions. And it is further ordered, that any three of the aboue named gentlemen meeting at Cambridge shall be accounted a legall meeting, and haue power of action, and that Captaine Brattle appoint the time of meeting. The gentle- men of Hampshire, Yorkshire, Doner and Portsmouth may send their account to the gentlemen at their meeting at Cambridge. *To the high & mighty Prince Charles the Seccond, by the grace of God king [*149. 1 of England, Scotland, France, & Ireland, deifendor of the ffaith, &6. 22 October. Generall Illustrious S' : Courts ad- dresse to his Your majestjes benignity appearing vnto us in our former addresses maj'?. imboldens us at this time to prostrate ourselues before yow, humbly to ac- knowledge your royall grace & ffavour therein, more especially expressed by your majesty to the gentlemen, our messengers, sent with our last addresse to attend your majestjes coinands, which favour & grace, according to our humble confidence, hath binn efiectuall to repell those false clamours which haue been layd before your majesty against us by some that haue not binn well affected to us, nor to your majestjes seruice w* us, in which grace, as wee haue a sence of divine favour therein, so we hope wee shall be enabled by the in- fluences thereof to act so as to render ourselues at all times religiously obser- vant of our duty to God, and loyalty to your majesty, our king, that wee may be euer numbred among your maj'jes, though poore, yet humble & loyall subjects. Wherefore wee pray your majestjes gratious acceptanc of and pardon for this mite of acknouledgment from your poore subjects, w* the continuance of yo' gratious promised favour to us, who are obliged to continue dayly prayers for your maj*jes long life, happy & glorious raigne. Great S', Your maj'y^' humble & loyall subjects, JOHN LEUERET, GoQ, in y« name of the Gen" Court. 22 October, 1677. 158 THE RECORDS OF THE COLONY OF 1677. 22 October. Courts letter to lord chan- cellor. [*150.] Right Honouj^'^ — As wee haue great & abundant cause for euer, w* thankefull & loyall hearts, to acknowledge the clemency & benignity which his sacred maj*'" hath binn euer pleased to extend to this his poore plantation, in confirming our char- ter granted by his royall father, of blessed memory, not only w'^'out any in- fringement, but some times w''' intimation of his readynes to grant what might be further advantagious and beneficiall for the people here, to the great comfort & encouragem* of his maj'J'^ dutyfuU & loyall subjects in this remote parte of the world in the tjme of their greatest sufferings ; so the deepe sence wee haue of your honors candor and favour *vouchsafed on our messengers in owning our righteous cause in this our low condition, and admitting a favora- ble hearing of them in reft'erence to our concernes, hath made an indellible impression of grattitud and acknouledgment vpon the hearts of his maj*"*' subjects here, and imbouldend us ffurther humbly to begg your honors just favour, countenance, & assistance, as the necessity of our concernes may call for. Wee doubt not but our messengers, or their council, haue declared that after the gouernment of the Prouince of Mayne was deserted by M"' Gorges, & that by the extent of our Ijne, peticon, & free consent of the inhabitants, they were taken vnder this goQment, and haue remayned so for more then twenty yeares, to the generall sattisfaccon and benefit of the inhabitants, but to our great charge & expence, especially in their late troubles w"" the In- dians, to the value of many thousand pounds ; but if, notw*''standing all our pleas and q,llegations, his maj'^^ and council shall see cause to order that prov- ince to belong to M"^ Gorges, yet wee humbly implore your bono'' to mediate in our behalfe with his maj'^e & council, that our Ijne & patent may extend at least to Pascataqua Ryuer, taking in those few villages and that smale tract of land lying betwixt the two riuers of Merrimack & Pascataqua, w"'' hath binn vnder the goQnment, the most of them more then forty yeares, and neuer vnder any other orderly government before, nor so much as claymed by M"^ Mason, and that some meete compensation may be allowed vs by M' Gorges towards that vast charge and expence wee haue binn at to preserve those tounes which remajne in that prouince from being vtterly destroyed by the fury of the ennemy j fiTor houeuer our adversaryes may falsely suggest our neglect thereof, yet wee doe assure your hone'' in the words of trueth, wee put no difierence between those parts and those that were & are vndoubtediy & w"^out quaestion within the Ijne of our patent ; but such were their scittuation and distance one from another, that much blood was shed & damage done, & many captives taken, almost before wee knew there was an ennemy in those parts, all or the most of whom wee haue redeemed or regayned. 22 October. THE MASSACHUSETTS BAY IN NEW ENGLAND. 159 Right Hono"^*'^, wee are senclble of our great presumption and prolixity, 167 7. and humbly begg yo"^ hono'^^ pardon ; but considering the high place the alluise God hath advanced your hono"^ vnto, wee know none vnder God next his majesty whom wee may addresse ourselves and *open our hearts & desires [*151.] vnto, w'^ hope of successe, as to yo'' noble selfe, the cheife minister of state in our deare native country, w"'' God hath so abundantly adorned wj|^ the bless- ings of heaven & earth, and where justice, judgment, & sequity vseth to flow doune as a mighty streame. Wee therefore hope and confidently beleive, that from so gratious & serene a prince, and so prudent, just, and pious judges & counsellors, wee shall haue no determinations against us which willbe justly greivous or discouraging to his maj'jes loyall subjects in this part of his do- minion ; for tho wee doe not judge ourselues wholly inocent, nor altogether without faylings, for huma[n]um est errare, yet wee hope, vpon tryall and ex- amination, shall not be found much culpable of any great transgression, but are such indeed as vnfeignedly desire to feare God & bono'' the king, what euer our adversaries may falsely & vnjustly suggest ; and could they obteyne their desires, to the discouraging, scattering, & ouerthrow of the welfare of this place and people, whom the God of heaven hath signally owned and blest, the ennemy could neuer be able to compensate the kings damage. Crauing your hono's pardon for this trouble & diuersion from yo"^ more weighty affaires, we remajne, Hono"-'"' S% Yo' humble supliants & servants, JN° LEUERET, GoQ. In the name of the Gen'i Court. Boston, 22"^ October, 1677. Right Hono'^ble : Your lordships compassionate reguard & vndeserved respect & favour Courts letter tc to those gentlemen that on behalfe of this his maj'jes colony haue beene re- "^^l"'"^ spondents to the disturbing clajmes & qverulous complaints exhibbited by M' Gorge & M' Mason against us, *before his most excellent majesty, & the [*152.] most honno'^i* ;ioj.ds of the privy council, comands our dutifuU & humble prostration of ourselues, with a deepe sence of the greatest obligations to your honour for your so great justice & favor therein ; & may wee haue leaue to say, houeuer ill & absurdly his maj'jes poore & distressed subjects in these parts are represented & rendred to his sacred majesty, or other most honorable persons concerned in the great affajres of government, (God knowes our hearts,) wee desire nothing more, next to our devotion towards God, then 160 THE EECOEDS OF THE COLONY OP 1677. to shew ourselues, though much disadvantaged by our remotion from home, ' '^ his raaj*^*^ most loyall & faithful! subjects, & are confidently assured by our 22 October. . ,. »■,„ . , . , ^ , . ..„ contmuance therein to finde favour m the sight oi his majestie, & gratious aspect from your most hono''''' lordship, humbly imploring that, so farr as may consist w"^ the teno' of yo"^ vnerring justice, our present occasion may obteyne dispatch, w"' a full setlement & remoouall of all misvnderstanding betweene his majestie & us his devoted subjects, ■w"' informations of our duty, in which, Almighty God assisting, wee shall euer continue. Praying for yo'' lordships health & happiness, & remajne yo'^ hono'^s most humble servants, JN° LEUEKET, GoQ. In the name of the Generall Court. Boston, 22"^ of October, 1677. Courts letter to Right Hono^'ble : — entry seoreta- Wee hauing observed a very honourable mention of your name in our ry of state. letters received from our messengers, & information thereby of our particular obligation to your hono'^, the designe of this addresse is to tender our humble & hearty thanks for y" benigne aspect vpon our messengers that are wayting his maj'J"^ pleasure in our behalfe, that yow haue binn pleased in so noble a manner to favo' them w"" your countenance & assistance in that afiayre, ren- ders us much your servants, and obliged to your hono'^ in a great acknouledg- ment ; and though wee are not able to make any suiteable retribution to your hono"^, yet we doubt not but Almighty God will abundantly reward your kind- ness & respect to a poore people in our circumstances ; nor will it euer be any greeife of heart to yow that yow haue favored an honest cause, & contributed [*153.] to the labouring interest of an ailicted people that desire to feare God & *^ hono' the king. Right hono'^ble, that yo' hono'^s kindness to this poore aflicted people may be remembred & rewarded by the righteous Judge, that yow may find mercy in that day, and that the blessing of them that were ready to perish may come vpon yow, is the hearty desire & prayer of. Right honorable. Your honors most obliged Humble servants, JN" LEUERET, GoQ. Boston, 22"^ of October, 1677. THE MASSACHUSETTS BAY IN NEW ENGLAND. 161 Eight Honno>-ble : — 1677. The relation that our messengers haue given vs of your assisting them in "' ' their negotiation laves vs vnder a most deepe obligEifion of our due & humble _ ^ , +( + acknouledgment thereof w*'' all thankfullnes, w"'' is the very errand of these y" Houo'Me . . . . „ . . Joseph "Wil- lines. We being abundantly sattisfied in yo'^ hoiio'^s most friendly & Christian liamson, secre readiness to promote the equity & righteousnes of our cause before our gra- ^^ ° tious soueraigne when wee (at so great a distance, & in some degree freind- less) were almost sacraficed to the private interests & designes of some that made it their worke to clamour & falsely represt vs to his maj*'% although all could make no impression on the heart of so serene & just a prince, who hath, notw^standing, kept an open eare to heare our deffence & doe vs justice, for which gratious inclination of his maj*y toward us, as wee haue great cause to bless God for, so wee doe & shall acquiess in it, esteeming it our interest & duty to demeane ourselues as loyall subjects most observant of his royall pleasure. Wee are very sencible that your hono' hath contributed not a litle towards the right vnderstanding of matters, for which your great candour & moderation towards us wee desire the Lord to give yow a full reward, & that he would still honoxir yow in making yow more serviceable for his name & glory. Hono''ble S'', for ourselues, & what remajnes concerning us, (though wee haue no cause to doubt of his maj'^' clemency and goodnes, yet) yo"^ favour in continuing towards us that same noble & ingenuous incljnation w'"^ wee haue found in yow in further promoting of a right vnderstanding & happy conclusion thereof, will still obleige us to wish & pray for yo'^ temporall & seternal happiness, & to remajne, S', yo'^ most humble & devoted servants, JN° LEUEEET, GoQ. In the name of the Generall Court. Boston, 22 October, 1677. *Gen", respected & much endeared : — [*154.] The consideration wee had in your integrity & industry when wee put this troublesome iinployment vpon yow is not in the least abated, but exceed- ingly confirmed, by all the accounts wee haue received from yourselues or others of your vnwearied diligence & prudent mannagement of our aifayres coinitted to your trust, wherein wee are fully sattisfjed that, notwithstanding the extreame diificultjes that haue iTallow* yow in our busines, yet your patience, sedulous industry, & wisedome hath, to our full contentment and great admiration, ouercome them, for w*, as wee haue great cause to blesse God, so TOL. V. 21 22 October. 162 THE RECORDS OF THE COLONY OF 1677. also (whateuer the issue may be) to acknouledge your due deserts & our reall obligations to yourselues, which wee hope wee shall in some measure dis- charge vpon all oppertunitjes. Wee cannot, wee need not, contribut any further advice as to your future proceedings, but doe wholly, vnder God, acquiess in the assured confidence wee haue of yo'"selues, and vpon the arrivall of the next ship, by which wee expect to heare further from yow, shall take care to accomodate yow w* such suppljes as the state of our affayres with yow may call for. About 3 weekes since, (when we hoped to be at rest,) a party of about thirty of the old ennemy, viz., Hadley. & Northampton Indians, fell vnex- pectedly vpon Hattefeild, burnt fouer houses, fower barnes, some stackes of corne, killed diuerse persons, and carried away one & twenty prisoners, men, weomen, & children. One of the men escaped, and saith the Indians were gon vp Conecticot Eiuer, northward, towards the French, from whence they came, & sajd they were incouraged & ffurnished for this atterrtpt by a French capl. Wee haue it vnder consideration to send to those Indians & to the French to endeavour the recouery of the poore captives, & the better to vnderstand what wee may expect from those quarters. Your relations, wee doubt not, will give yow an account of yo' private affaires, which shall not suffer in any thing that wee can helpe. As to the publicke, wee judge it not vseless to acquaint yow, that, soone after our losse at Blackpoint in June last, Majo'' Andros sent a considerable partje to Pemacquid, where they seated themselues in right of the Duke of Yorke, & pretending freindship & kindnes for us, haue donn that service for us as to conclude a peace w"" those easterne Indians, & haue re- gained & sent to us most of our captiues, & a promise of returning seuerall vessells the Indians had surprized, the performance whereof wee dayly expect. Since the sajd Majo' Andros hath signifyd his minde to our council to impose customs vpon all fishermen that fish on those coasts, &6, wherewith wee are vnsattisfied, and are now returning our resentment thereof, wee shall not further trouble yow, but, as wee are bound, shall comend yow & our affajres in your hands to our most gratious God, & to his protection & guidance through his grace, hoping shortly to see yow here, where yow will be most welcome to Yo"" assured ffreinds, E. E., S. By ord' of y° Geii Court. Boston, 22 October, 1677. THE MASSACHUSETTS BAY IN NEW ENGLAND. 163 *]\Ir ^ym Stougliton & ] ' 1677. M' Peter Bulkeley. 22 October. [*155.] Our respected and well beloued freinds, wee salute you in the Lord, &&. The Generall Court sitting when your seuerall letters of the 4*'' of August last arrived here, besides them of June formerly receaved, being comunicated to us, & a vessell bound for London ready to sajle as these last came to hand, wee thought meete, by this opportunity, to represent to yow, first, the due sence wee haue or would manifest of the good hand of the Lord our God vpon us in generall and yourselues in particcular in this affayre of so great concernment to us in our spirrittuall & civil Hbertjes & constitutions, that when the ennemy strucke at the foundation of these our pretious things manifested in the eight article and otherwise, the Lord our God, (in whose hand is the kings heart and the mannagement of all these our concernes,) wee beleive, hath made them (by this act) to beginn to fall before his people, and therefore wee hope they shall not preuajle, but most surely fall, (as Hamans wise men told him ;) and so wee would take it as matter of great thankfuUnes to our God. Though wee yet haue not what wee expected or desired, or hope may haue, and further difEcultjes remajne to be conflicted with, yet this begining is more then wee deserue, & would looke vpon it as an answer of prayer, & a token for good shewed us from the Lord. Wee haue, nextly, made an addresse to the king by way of acknouledgment, and written to seuerall ministers of state, as the lord chancello'', lord privy scale, & both the secretarjes, which wee send inclosed to yourselues to present after pe- rvsall, hoping wee may finde further favour as there may be occasion. And for yourselues, as wee doubt not of your faithfuUnes in this transaction, so wee acknouledge, w*^ all acceptance, your care & labour of loue for God & his people herein. And as for money, yow will finde, wee hope, (besides the fine hundred pounds,) a further supply is come to your hands (before these lines) by the meanes of our Gouerno' & our Treasurer, being together three hundred pounds ; and what may be further necessary, wee shall en- deavour it be not wanting to yow, hauing ordered two hundred pounds more by the Tresurer, perceaving your dispatch from thence is not like to be be- fore winter. Wee take notice by this act of his maj*'^ at the council board, vpon the advice of the lords cheife justices of the Kings Bench & Coinon Pleas, & of the lords of the comittee for trade & plantations, that, according to their interpretation *of our patent, wee are like to be cutt short of our patent Ijne [*156.] & bounds as it hath binn runn or lajd out ; yet, by your advice, nott w'l^out hope of obteyning the continuance of the whole or some good part, at least, (viz*, those fewer tounes betweene the riuers,) vpon application of the inhab- 164 THE RECORDS OF THE COLONY OF 1677. itants, whose humble addresses & supplications goe herewith, with desires to yottrselues to endeavo'^ 'the attainment of it, wherein it is to be noted that our charge of the warre in those parts hath cost us litle lesse then eight thou- sand pounds, so, concerning the recouery of those parts, either by meanes of his majestic or from M' Gorges, wee would loose no conveniency for a small matter ; & considering our charge as aboue, w"'' wee aduise yow to insist vpon, wee suppose it may be procured now on easier termes then at another time. As for the coynage or any other additionall priuiledge oifered, (not prejudicial] to our charter,) wee would not slight, but humbly accept. Concerning trade & the liberty thereof to this poore colony, which hath binn a meanes of in- crease of shipping and seamen, and of this plantation w**" inhabitants, to his maj'^"' hono^, & of the English nation also, and no prejudice to his customes, as is so falsely suggested ; for that all wee haue coming hither from Virginea or the West Indies pay there strictly double what these comodities would doe if they had binn shipt for England to transport againe from thence ; & moreeuer, what thereof for England, as yery litle, if considerable goes elswhere, payes custome ouer againe ; desiring all inconveniency to us in that respect maybe auoided what possibly may be. And further, as wee are obliged by our char- ter to permitt any of his maj'jes subjects to catch fish in any part of our limjtts, and to make vse of the wood & the land for their stages & flakes, it is just that the like liberty may continue to us and all his maj'jes subjects to fish in any part of these seas vpon the coast of New England, & to saue & make their fish vpon the land next adjoyning, as may be most cofnodious for them, w*''out interruption, compulsion, or imposition by any of his maj'jes Gouerno''^ or subjects here, that sg that vsefull & proffitable trade of fishing be not lessoned nor discouraged. This wee hint because of some intimation from the GoB-no"^ of New Yorke, in a letter to our GoQno'^, tending that way, they hauing sett doune a fort & custome house at Pemacquid, as by coppy of GoQno' Andros letter yow will perceive. As for a present to his maj''"', wee are considering of some thing to send, w''' hope Piscataqua men & others will prouide a ships loading of masts, if his maj*'^ please send a ship, & ourselues some cor fish, sampe, & cramburyes. Yow will haue advice from others in what capacity wee stand w*'' the heathen heere. So, not perceiving any thing [*157.] further *needfull for the Court to advise, vntill wee heare more from yow, wee comend yow all to the grace of God in our prayers, and bid yow heartyly farewell. Your assured freinds, EDW° EAWSON, Secret In y' name & by order of y^ Genii Coujrt. Boston, 22 October, 1677. THE MASSACHUSETTS BAY IN NEW ENGLAND. 165 For the sachems of the Macquas. 1677. Yow may by these take notice that sixe of yo"' men (as we since vnder- '^ ' , , . T, , 22 October. stand) were lately found neere Boston in the woods, who, being well armed, q^^^. ^^ . 77 and in a warlike posture, were by some of our people surprized, & carrjed to Courts mes- o 1 T 1 • 1 1 1 T T Ml suage to y sa prison, & there secured, not knowing but that they were ennemy Indians, till, ^^^g^^ „( the being examined by authority, they were found to be Macquas, as some of ^^'''"i"'^'^^- Albany that were here did assert, & so therevpon were well vsed, & are set at liberty, by whom wee send these Ijnes, to lett yow know how ready wee are to hold & continue our auntient freindship w*'' yow, which was so lately renewed at Albany betweene Majo"^ Pinchon, &(3, and yo^'selues, and hath been by us in all respects attended ; howeuer, it comes to pass that there hath beene a fayleur on your part, by some of your men not observing it, which wee rather suggest, because those Indians, your men, who are now with us, acknouledging their sence thereof, attending to what seeme to be ignorant of that which was concluded at Albany, namely, to be freindly to all our freind Indians, which was one of the great things wee aymed at next to our then mooving you to destroy the eastern Indians, our then ennemy. Wee engaged yow not to medle w* our freind Indians, and wee haue reason to take care of them, who were true to us in all the time of our warre, and ven- tured their lines for us ; and now wee shall not lett them loose theire lives by our freinds that haue engaged to carry it freindly to us & them, as yow haue donne ; wherefore wee suppose it is not allowed by yow for yours to spoyle, or, as lately they haue killed one Natick man as he was fishing close by an English house, and carrying away two Naticke squaes, who were about their occasions at Hassanamesit ; all which being contrary to the agreement made w*-^ yourselues, wee hope yow will cause your men to make full sattisfaction, for wee haue now an oppertunity in our hand, and might detejne some of these your men ; but, to prevent all grounds of disquiet to yo'^ spirrits, and being confident yow will doe it, namely, returne backe these two squaes, and forbeare all further mischeife vpon or toward our freind Indians, wee set at liberty all your men, resoluing there shallbe no breach on our part ; but yet *wee will protect & defend our freind Indians ; & wherefore doe yow wrong to -[*158.] them in your not giving all yo'' people notie of it? To be more carefull for future that no spoyle or wrong be be don to any of our freind Indians, let none of yours come nere to Naticke, Puncapauge, Hassanamesit, or Wayme- sit, nor among any of our tonnes where our freind Indians are, who are and willbe freinds to yourselues, as wee are, all being vnd'^ his majestjes pro- tection, and therefore not to be disturbed by you. There are other Indians for you to fall vpon, whose pursuing & destroying wee shall take kindly from 166 THE RECORDS OF THE COLONY OF 1677. 22 October. your hand, namely, a parsell of Indians who came lately from Cannada, and fell vpon Hattfeild, the same day when 4 of yo"^ people lodged in Hatfeild, and were there kindly vsed the night before. These Indians, who came from Canada, as wee since came to know by one of our captives that is gott away from them, haue carrjed w*"" them twenty of our people, weomen & children, w*'' three men, whom we vnderstand are returning towards Canada. It would be an acceptable service to us if yow cann destroy this parcell of In- dians ; and may yow be instrumentall for the sauing & recouering of any of our captives, wee shall give yow good reward for the same. Wee hauing further to lett yow know that now there arising ennemy Indians against us about Northampton & those tounes, our people are vpon their guard, and scouting forth, so that it maybe hazardous for yo'' people, wee not being able to distinguish betweene such ennemy Indians & Macquas, whom wee would not wrong, and therefore desire your men may not come w"'out some English- men or Dutchmen with them, vnless some one or two at most, w* a letter in their hand, may adventure into our tounes vnarmed, and then, vnderstanding them to be reall Macquas, wee shall affoord releife as neede maybe. Wee the rather mention it, because some of our people who were lately taken were deluded, & catcht, by taking the ennemy Indians for Macquas, whom else they should haue auoyded. Wee haue not to add at present, but that wee are Your very loving freinds, E. R, S. In y* name & by ord'' of the Genl Court. Boston, 12 October, 1677. [*159.] Courts letter to Cap' Salis- bury. *Cap? Salisbury. S"^ : Wee haue thought fit to acquaint yow, that sixe Indians, by whom wee send these to yow, were some days since taken by some of our people w*''in Boston bounds, on the northeasterly side of Charles Riuer. It being a place where wee haue no Indians setled, or allowed to goe, w^out speciall order from ourselues, they were forthuith carryed to prison, and, being examined by authority, sajd they were Macquas, though wee had cause to doubt of it; yet, since being assured by some of Albany that they are reall Macquaes, wee haue given order for their enlargment & well vsage, and haue appointed sixe troopers to guard them, & conduct them safe into the woods out of our tounes, or hazards of our Indians, whom some Macquaes haue lately don injury vnto, carrying away captiues two of our Natick Indian weomen, and killing one very honest man of them, & taking away his scalp, all which bing contrary to their agreement made w*'' them by our messingers 22 October. THE MASSACHUSETTS BAY IN NEW ENGLAND. JQ>j in Aprill last. Wee might well haue secured some of these till sattisfaction 16 7 7. made, and the returning of these two captiues ; but to prevent all ground of disquiet to the Macqua sachem, wee haue, notw^'standing, set these at liberty, & make vse of them to signify our minds to the sachems, that they send home those squaes, whose returne from them wee doe expect, & there instructing of their men not to come into these parts to our freind Indians, which was one great end of our treating them at Albany in Aprill last. Though wee did then designe their falling on the eastern Indians, our then ennemjes, wherein they haue not don vs any service, yet wee did as strongly aime at, & as carefully prouide for the security of our freind Indians, w"'' they engaged to, not to do them any mischeifes ; and it is a great trouble to us that they or theire people take no more care thereof, wee being ingaged to protect & secure them, who in the tjme of the warr were very servicable to us, ventiu-ed their Hues for us, & many of them lost their Hues in our service ; and now wee shall not let them be destroyed by either Macquas or others. Wee vnderstand that Majo"^ Pinchon hath lately wrote to yow vpon the occa- sion of some mischeife donn at Hatfeild as well as formerly, directing the Macquas to take their randge more norward, that the Macquas would not ad- venture to come neere our tounes now, because the ennemy Indian hauing made an irruption vpon us, wee are vpon our guard, and haue our scouts out, & so, not knouing Macquas from other Indians, there may be hazard of doing them hurt vnknoune, for wee cannot distinguish them, vnless some Englishman or Dutchman should come w"" them, or some one of them might adventure into our tounes vnarmed, with a letter in his hand ; *otherwise wee know not how [*160.] they will be safe. Wee pray yow so to informe the Macquas with it, that they may not come into any dainger ; and doe us that favour to let the Mac- quas know how ready & willing we are to hold & continue all amicable correspondence & freindship with them, & therefore expect their attendance to their agreement w**" us, not to doe spoyle vpon our freind Indians. Wee haue speciall respect for them, especially those of Naticke, Pvncapawag, & here- abouts, whom his maj''^^ corporation also hath lately manifested great respects for, so that it is hoped & expected that the Macquas willbe very observant heereof for the future. S"", wee further desire your helpfuUnes in recouering of those of our people who are now in captivity with the barbarous heathen, there being twenty persons taken from Hattfeild & Deerefeild, as Majo'^ Pynchon hath given yow an account, desiring you to incite the Macquas to pursue the ennemy, being Indians that came from the French, and are thither returning, as wee are certeinly informed by one of our men that escaped from them. Wee doubt not of yo"^ readiness to affoord help, as it may fall in yo' way, and 22 October. 168 THE KECOKDS OF THE COLONY OF 16 7 7. yow need not doubt of our care to sattisfy what charge yow may be at, and shall disburse vpon the account. W"' our loving respects to yow, wee coinend yow to God, & are Your assured ffreinds, EDW° EAWSON, Secre'^-. In the name & by order of the Geiill Court. Ans' to Hat- In answer to the petition of Hatfeild, & for the recouery of their cap- tiues, the hono'd Gouerno'^ is desired & empoured to take order & care therein, by granting coinission to such meete persons as may be imployed in that service, & giving them instructions to mannage that affayre, & by them, to write to the French goQno' at Canada, as also to those Indians that haue the prisoners in possession, and make such ouertures to them as may tend to the regayning the prisoners, & the setling of the peace of the country, & that the chardge thereof be borne by y'' country. Courts order as In ans' to a paper signed by Benanuel Bower, it is ordered, that the g , marshall generall doe forthwith levy vpon the estate of the sajd Bowers such fine or fines as haue binn lajd on him according to law by the County Court of Cambridge, & that therevpon he be dischardged the prison. [*161.] *HonobleS'-: Courts letter to -^^ge received your letter, dated Septemb 22*, 77, by Clois Burden. As GoOnorAndros •' ^ . . at New Yorke. for the damage don vs by the eastern Indians, mentioned in our letter, dated July 28"^, was in taking our fishing catches about Cape Sable, and a notorious murder comitted vpon some men, weomen, & children at Amesbury about the midst of July, but not knoune to us or yo"^ coinission^s at Pemacc[uid (as M' Start, yo' messenger informed) vntill after the peace was concluded betweene some of the eastern Indians & Cap? Brockles, &(5. This wee mention to cleare the ground of what wee then wrote to you touching the prudent & Christian charity of yo' coiriissioners aduising & issuing a peace w*'' those Indians, & procuring the deliuery of the poore Christans captiues, the most of whom, as wee are informed, did (before the warre) Hue w*''out our juris- diction, as wee then did, so wee now accept w*'' thankfullnes ; as entring into or holding on a warr w"' the Indians is most vndesireable, so it was neuer ingaged in by us otheruise then for our just & necessary deffenc, and in order to a peace & future quietnes. Yow are pleased to declare your resolution & orders, that no Indian be suffered to goe to the fishing islands, nor Christian to setle, inhabit, or conuerse vpon sajd maine coast this winter, or vntil further order, except vnder protection of yo' fort at Pemacquid, and due entrjes and cleering at the custome house, &6 ; and that all fishers that shall 22 October. THE MASSACHUSETTS BAY IN NEW ENGLAND. 169 make fish vpon the islands are reqmred to give notice at the fort ; and that 16 77. yow are dispatching his highnes sloope into those parts to protect the fisher- men, and to make prise of all such as shall presume to act contrary to your orders. Concerning these things wee are at a losse distinctly to vnderstand your meaning, yow speake so generally & vnlimittedly of the majn coast island, & fishing w'l'out restriction ; nor doe wee thinke ourselues concerned to inhibitt the people of this jurisdiction from their anntient priuiledge and liberty as Englishmen, and his maj'jes faithfuU subjects, to improoue them- selues & estates in the honest and industrious labour of fishing of fishing vpon the coasts of New England, and making their fish vpon the majne land or islands as formerly — a liberty which our kings haue alwayes reserved in the charters for these territorjes, as wee conceive ; nor yett shall wee prohibitt our people from setling vpon their proprietjes, either on islands or continent w'^'in our jurisdiction, granted to us by the royall charter of our gratious kings. S', wee are very desirous to preserue & mainteyne all freindly correspond- ence w* all our countrymen & fellow subjects to the same prince that God hath planted in vicinity of neighborhood to us in this uildernes^, and particu- larly w*"" yourself and the gouernment vnder yow, which amity will be best pserued and continued if wee doe all walke w'^in our oune Ijnes *in the [*163.] feare of God & a regular obedienc & loyalty to our soueraigne lord the king, avoyding any incroachments vpon the rights & libertjes of each other, & en- deavoring in our vtmost capacity to glorify God and promote the hono' & interest of our king & nation, and to strengthen the hands & hearts of each other against the plotts, conspiracies, & attempts either of the barbarous heathen, or any other ennemjes to the English nation. For this wee pray, and shall endeavour (w**" Gods assistance) to practise the same, hoping the like from you. So remayne, s% Yo' affectionat freinds & neighbours, EDW° EAWSON, Secrei In y* name & by ord"^ of the Gen Court of y^ Massachusts. Boston, 17 October, 1677. Honble S': There is before us the complaint & petition of Ambrose Gale, informing courts letter to that, by M' Constant Southward, M' Tho Pajne & others, himself, & com- ^"'°"* " pany, vpon their imploy of fishing, were interupted and abridged, contrary to the knoune & vsuall custome from our first planting, and such an imposition as wee suppose his majesties charter will neither allow to ourselues nor yow, and in itselfe vnreasonable, that the sea shall not be free for fishing, especially VOL. V. 22 170 THE RECORDS OP THE COLONY OF 1677. 22 October. that wee should disturbe each other, as if ennemjes were not able to give us trouble enough. Wee hope that the matter only labours of some mistake, either in sajd Gale or the forementioned gentlemen, and intreat your setle- ment & order thereabouts, & information of ourselues therein to prevent further trouble. Not els at ^sent. "Wee are Your ffreinds & confederates. The Genii Court of y« Massachuset. Signed by their ord^ EDW: EAUSON, Secre?. Comittees re- turne about Beverlys 500 acres, &5. Wee, whose names are vnderwritten, being appointed by the Geaerall Court, and in obedience to their order, did meet at Beverly this 21*'' Septem- ber, 1677, did vejw the tract of land which Beverly did petition the Generall Court for, and found it to be about five hundred acres, which lands did & doth belong to the inhabitants of Bass Riuer, according to the bounds they shewed us, which lands is cutt of from the inhabitants of Beverly by the Ijne from the rocke by the creeke to the Great Stubb. Wee hauing binn vpon the place, & pervsed all their writtings, doe appihend that that which they petition for is but suiteable accomodation. SAMUEL APLETON, JOHN WHIPLE, JOHN FULLER. This returne of the comittee is accepted, vnless the towne of Salem pro- cure the sajd coinittee at theire oune charge to make a new survey & returne, giving Beverly notice, to the next Court. Ans' to Abra. Gales peticon. [*163.] W"^ Dixie capS Paul Thorn- dick lefS Sam. Corning, Sen., ensign, of Befl- ly- Courts order for y^ setling of Derefeild, &c, in a compact way for defenc ag' the Indians. In ans'^ to the peticon of Abrose Gale, it is ordered, that a letter be written to the GoQ & council of Pljmouth, informing them the contents of his peticon, in favo'^ to him & others debarred from fishing on those coasts. *In answer to the petition of seuerall inhabitants of Beverly, it is or- dered, that W" Dixje be their captaine, & Paul Thorndick their leifteniit, & that they haue their comissions accordingly. The tounes in Hampshire being in more hazard of the incursions of the heathen ennemy then some others, this Court doeth order, that each toune there doe endeavor the new moddelling the scittuation of their houses, so as to be more compact & liue neerer together, for theire better deffence against the Indians ; and in order to the stating & contriving heereof, Majo' Jn" Pynchon, Leiil Jn° Mosely, Ensigne Samuel Loomis, Leiu' W» Clarke, M'' Peter Tyl- ton, & Leif? Willjam AUis, or any three of them, Majo'^ Pynchon being one, THE MASSACHUSETTS BAY IN NEW ENGLAND. 171 are appointed to ord' and contrive the same, and to appoint and determine 1677. meet sattisfaction to such whose land may be made vse of for others to build on. ' "T AT r-i . . r ^ . ~ , . . 22 October. And as a further prouission tor the security of those tounes, it is or- „ _.^, . ^ ■/ ' Comittee rni- dered, that a garrison be stated at Deerefeild, and for the effecting the same, it pow^ed. is ordered, that the inhabitants of that place doe repajre thither this winter, (if the comittee doe judge it safe,) and prouide for the setling thereof in the spring, which shall be in a compact way, as shall be ordered by the cornittee, and this winter stuff for foitifiication to be prouided ready to sett vp there in the spring, viz', in March or Aprill, at w* time twenty souldjers shallbe sent vp by the Goflno'' & council to that place as they shall see cause, whose worke & care shallbe to preserue & secure that place, and those adjoyning there, from the Indians. And further, for the incouragement of Hatefeild, sixe souldiers shall be A garrison to forthwith sent vp thither, at the countijes chardge both for wages & dyet, & to ^^ spring. be vnder the comand of Leiut AUis, for the preservation of that place, or as they shall be directed by the majo'^ of that regiment, who may in the winter tjme improov them in preparing & getting ffortiification for Hatfeild & Peere- feild, and all persons concerned are to attend the orders of the coinittee aboue sajd, from time to tjme, for the effecting of this order, at their vtmost perrill. It is ffurther ordered, that our brethren at Connecticot be desired to joyne Courts desire in keeping the garrison at Deareffeild, and that it be left w"* Majo"^ John 7 ""•"''".ggj.. Pynchon to treat w"' the Gouernour & council there for effecting the same. risen. *In answer to the petition of Samuel Patrigg, fferryman at Hadley, the [*164.] Court iudareth it meet to allow the peticoner twenty pounds in full for what is ■*-"^' *° ®*™' •' _ Patriggs petl- .,due to him from the country for fferriage, to be payd by the Tresurer of the co., 20« al- lowed. country. There being a smale island in Merrimak Eyuer, conteyning about sixe or Island in Mer- seuen acres, comonly called Majo"^ Dennisons Island, lying against the midle g,g^ ^^ ji^jor of his farme, the Court judgeth it meet to grant the sajd island to him the ^™" J^®""'- sajd Majo' Denison, at his request. M"" Joseph Dudley being appointed to keepe the Courts at Doner and 5« for y« Tre' to . . pay M' Dudley, Yorke, to be held by adjournment the latter end of y' October, itt is ordered, &5_ that the Tresurer supply him w*"^ fiue pounds money for the dischardging of necessary expences of himself & his attendants. The Court, vpon information of M"^ Rausons extraordinary reall expences Courts order out of purse lately, as djet, wayting on the council, for paper also, and hiring top^ayy sec- persons to write for him, as, being demonstrated, he is in disburs, it is or- ^^^- *°" ™°"y- dered, that the Tresurer pay him forty pounds in money in consideration thereof, besides his ordinary saUery. 1'72 THE RECORDS OF THE COLONY OF 1677. The military company of Eouley being destitute of a captaine, this Court ^" "< ' doth hereby order Ensigne John Johnson to ^e captaine, & Sarjant Thomas J h ^"^ Tenny to be his ensigne, to the foote company there, & that they haue their cap', Tho. Ten- coinissions accordingly. EoCl"y. ' ^ In ans' to the petition of Samuel Hudson & Abigaile Hudson, being in a Ans'toSam.& loyg condicSn, humbly desiring the favo"" of this Court, in order to their re- Abig" Hudsons J n ^ i , . peticon as to leife, to cutt of the entajle layd on their house & land, the Court denys their cutting of an entayle deny^. request. Courts ans' to In ans' to the peticon of Salem villagers for a ffoote company, it is ffarmers of Sa- Qj.^gj.g(j f^^^ g^jj jj^^gg ^^ (-]^g -^ village that live on the west side of Ipsuich lem petico. ' j a Lef« Leach yir road may be freed from Cap? Corwins company, & shall be excercised at left. Rich. Leech home by Leifteniit Eichard Leech, who is hereby appointed their lefteniit, leaving it to the militia of Salem to bound the two companys of Salem. Widdow The Court, on vejw of widdow Wheelers bill, of Lancaster, of disburs- ments, signed by the coinittee for j" country, doe order & gran from the Tresurer of sixe pounds nine shillings & eight pence. Lancaster ai- Mcnts, signed by the comittee for j" country, doe order & grant her payment lowed 6" 9" 8 from y trea'r. Ans' to Henry In ans"" to the petition of Henry Williams, of Scarborow, it is ordered, »• pe icon. ^j^^j. pj-^jjgjg Neale, that kept the reccords of the Court at Falmouth, deliuer vp vnto the sajd Willjams his originall bill of thirty pounds that is in his custody. [*165.] *This Court haueing this session appointed & setled a cap? and ensigne Courts ans' to ouer the military company at Eouley, in the vacancy of those places, and, in Rouley peticon comanding Opposition therevnto, & dissatisfaction w"" the order of Court therein, a petition millitav offi^' ^^^^ ^^^^ prefferrd, subscribed by many names, but written w*'' one hand, cers. wherein appeares the evill spirit of diuers there, who haue lately reproached the churches and the members thereof, which this Court hath borne testimony against, though w**" as much lenity as the case would admitt of; all w* not- w*''standing, they haue abused the Courts favour & indulgence by this seditious petition, which this Court judgeth themselues bound to take due notice off, so farr as to order that John Acie & Jonathan Platts forbeare to concerne them- selues in their toune or military affayres till further order from this Court, and that the rest of the petitionrs are hereby required to attend the Courts order as to the military cornanders. Courts judg- After a full hearing of the differences that haue arisen at Eouley refer- ley case. ^'^'^S ^° ^^^ setling of M'^ Shepheard as minister among them, this Court doe declare, that they will not countenance any procedure or actings therein con- trary to the lawes of this Court, hauing therein made prouission for the peace of the churches & a setled ministry in each toune, and that all votes passed by any among them contrary therevnto are heereby declared null & voyd, and doe THE MASSACHUSETTS BAY IN NEW ENGLAND. 173 order the acto's therein, viz., Daniel Wicum, Dauid Bennet, Samuel Platts, 16 77. Johnathan Platts, &d, abettors, to be admonished, & to pay costs sixe pounds """^ ^ seuen shillings & eight pence. In ans' to the petition of Thomas Parke in behalfe of his son, John Ans' to Tho. Parks, sorely wounded, the Court judgeth it meete to refferr the consideration - ""^ ^^ ^^*'" of the sd petition to the comittee for wounded men, to doe therein as they shall see meet, & make returne as the law directs. It is ordered, that Ephraim Sauage be ensigne to Capt Thomas Sauage Ephraim Sau- his company in Boston. hisMtS" '" In answer to the petition of Samuel Bishop, the Court judgeth it meete <=o™P^"y. Cap" that the petitioner stand in the pillory only once, and that as a further altera- courts ans" to tion of his former sentance, that he pay the party wronged, viz*, M''-" Mitchaell, o^^^gygg^'''" tenn pounds in money, or els his former punishment not to be abated. *In ans' to the petictin of Left James Trowbridge, the Court grants the [* 166.1 peticBners request, & orders Deacon Isaack Willjams to be leftennt to the l-^f Trow- , . ^ ^ bridge lajd foote company of Cambridg village in his roome. doune, isack In ans'' to the peticon of M"^ Thomas Thatcher, in behalfe of his daugh- camb'id" -"l ter, Elisabeth Dauis, it is ordered, that the whole estate of the deceased Cap? ^^s^- Nathaniel Dauenport be audited by M"^ Symon Lynd, M"" Willjam Taylor, & Thatchers pe- M' James "Whetcombe forthwith, and that they informe themselues in what *"^°°- else is necessary for the Court to know touching the premisses, and make a true representation of what they finde therein the next third day in ans' to this peticon. The comittee made their returne, w"*" is on file. In ans' to the petition of M' Jonathan Danforth, Job Lane, & other of Ans' to Jn<>tha. the selectmen of Billirica, humbly desiring the favour of this Court, that, BiUirricapeti- whereas sixe familyes the last yeare belonging to that toune, whose rates came "°°- to fiuety seven shillings & sixe penc to one single rate, & payd thejre ten rates in the tonnes whither they remooved, they might be considered and abated, so much as the same comes to, i. e., twenty eight pounds fiueteen shillings, it is ordered, that the constables of Billirrica doe forthuith demand & recouer the rates aboue mentioned, of such persons who deserted the tonnes, notw^'stand- ing their payment in other places. In ans' to the petition of John Scarlet, the Court sees no cause to grant Scarlets re- , . , . quest deny*^. his desire. In ans' to the petition of W™ Read & Ebenezar White, constables of Courts ans' to "Weymouth, it is ordered, that the sajd constables be freed from the payment -white, consta- of what was to be pavd by such persons as were slayne in the warr, and that ^^''^ °^ ^^J"" r J J r J mouth, peti- it be levyed vpon the whole toune ; and for such who are remooved out of con. sajd toune, that the constables shall & heereby are empowred to recouer the 174 THE KECOKDS OF THE COLONY OF 1677. same by way of action before any magistrate or comissioner, as in other ' "' ' cases. Courts ans' to ^^ ^'^®' ^° ^^^ peticon of Edmund Quinsey, it is ordered by this Court, M' Quinseys that he shallbe released from the execcutorship according to his desire, and petiCon, &c. tvt t i t> Admi'tratign ^hat administration be granted vpon the estate of the late M"^ John Reynor, granted to M" j~ deceased, to M™ Francis Reynor, she giving bond, w*^ securitje, to the Francis Eeynor "^ sent, consented & signed, but is now absen[t]. J. D. This returne is accepted of by the Court. [*174.] *In ans' to the petition of Cap? Joshua Scottow, humbly crauing the Courts ans' to f^vo"" of this Court to order the payment of his & others disbursments men- Cap' &c Scot- _ _ . . tows peticon tioned in the account given in as on behalf of himself & seuerall of the in- charsTof hir^' habitants of Scarborow, it is ordered, that the petioSners be refferred to pro- se, disbursra's ceede for sattisfaction as the law touching disbursments doth direct, prouided on dt by y* county of after such procedure the accounts be remitted to the county of Yorke for Yorke. payment. Courts ans' to Vpon the Courts reading Sarjant Johnsons letter from Black Point, it is ar nsons Qj.^gj.g(j {jj^t the persons there concerned take care for supply & maintenance letter, garnson ^ xr c j to be main- of that garrison at their oune charge, or be instantly draune of. teynd at their charg or In answer to the petition of Cap* Joshua Scottow, in behalfe of himself & raune o . ^.j^^ ^^^^ ^£ ^j^^ inhabitants of Scarborow, the Court iudgeth it meet to grant 17. 8. 77. . . . . . . ■ the petic^ners all such armes & amnition as are now in the garrison at Black Point belonging to the country for the deifence of the same, the quantity to be taken notice of by some meet person appointed, & that a like proportion be returned when called for by this Court or council, and also, that the peticiiners, inhabitants of Scarborow, who shallbe engaged in the vpholding of Courts ans' to this garrison, to be freed from all country rates while they shall so doe. M' Dauies pe- ,. ^tt t->-i'/^ ticon as to y« l^ answer to the petition of Humphrey Dame, this Court doeth order, differenc be- ^T^^^ ^j^g trustees or ouerseers of the estate of M' Antipas Boyse, deceased, and twene him & r j ^ y M' Boyses ofl- the sajd Davje, if they cannot agree, they shall choose auditor's to issue the Courts order & ^^counts & difficultjes betweene them, and returne the issue to this Court, and ans' to Hatt- {q the mcanc tjme pay the ballance to M"^ Davie in order to its returne to feild as to yir rates, &c, 12 England. retur™Uer&5! "'"'^ ^'^^^ '■° ''^^"^ °^ Hattfeild, it is ordered, that the rates of those of that 12 or 16 to y« toune who haue binn impouerished by the late cruelty of the innemy burning garison, on w' _ •' j o termes. doune their habitations, shallbe respitted and left in their hands vntill the THE MASSACHUSETTS BAY IN NEW ENGLAND. 183 Court shall give further order therein ; and that twelue fire amies be deliuered 16 7 7. by the Tresurer to Leif? AUis for the supply of those that haue left their ''^ '^ armes at Hattfeildj & to be returned againe when the Court shall demand them ; and do leaue it w* the council to give order for the twelue or sixteene men to be helpfuU for their security in a garrison, now or in the spring, as shall appeare to them to be necessary, the country being at the chardge only of their wages and amunition. In answer to the peticon of James Hudson, the Court grants his request, AnsnoHud- i. e., a hearing of his case this afternoone, & y' sub forma pauperis, & y' y" Hu^g^o'^^'ag. parties concerned haue present notice, w"'' was issued out iiiiediately. Brayden. *In the case of James Hudson, plaintiff, by his peticon, against James [*175.] Brayden & John Ruggles, deffendants, craving the favour of this Court for Hudson ag« Rugles & Braj releife in refference to damage donn vpon his land lying vpon Long Island by den. sajd Brajden, or Rugles, his tennant — The Court, on a full hearing of the case & euidences therein, doe finde for the plaintiffe, viz', Hudson forty shillings damage, and to be levyed vpon the estate of the sajd Ruggles, and that the plaintiffe enjoy the vse of his land ■w*out fencing. *Jtt a Gennerall Court for Elections, held at Boston, S"' of 1678. r* 1 76 1 JN° LEUERET, Es^), was chosen GoQno'^ for y« yeare ensuing, & took L ^'"'J his oath 9*'' ins'. Samuel Symonds, Es^, was chosen Dep'? Goano', &6, & tooke his oath. Symon Bradstreet, Es^, was chosen an Assistant, Daniel Gookin was chosen an Assistant, Daniel Dennison was chosen Assistant Thomas Danforth was chosen Assistant "W" Hathorne was chosen Assistant, Jn° Pynchon was chosen Assistant, Edward Tyng was chosen Assistant, W™ Stoughton was chosen Assistant, Joseph Dudley was chosen Assistant Peter Bulkeley was chosen Assistant, & Majo-- Geiill. & 1^' Comissio' for Vnited Colonjes. Es^s. & 2 Comissiotf. 184 THE RECORDS OF THE COLONY OP 16 78. and tooke all their oathes to their places 9"" of May, 1678, y° 2 absent only excepted. 8 May. Edward Rawson was chosen' Secretary, & tooke his oath, 9"^. M' John Hull was chosen Tresurer, & tooke his oath. The Court was adjourned till y° morning at 9 of y« clocke. The names of the seuerall deputjes returnd from the tounes to serve at this Court were, — Salem : M"^ Edmund Batter, M' Bar?olmew Gidney. Charls Toune : M"' Tho Graves, M'^ Jacob Greene. Dorchester : Left Jn° Capen, M' ^ Sumner. Boston : Majo' Tho Sauage, M' Anthony Stoddard. Eoxbury : M"" Edward Morris. Water Toune : M' Symon Stone. Cambridge : M"^ Edw* Oakes, M' Joseph Cooke. Lynn : Ensigne Jn° Fuller. Ipsuich : M' Jn° Apleton. Newbery : M' Caleb Moody. "Weymouth : M' Jn° Bicknell. Hingham : M"^ Thomas Andrews. Concord : M' Capt Tho Brattle. Dedham : Cap? Daniel Fisher. Springfeild : ^ Andouer : EnsI Thomas Chandler. Hampton : M"^ Sam Dalton. Rouley : M' Jn° Peirson. Wooborne : M"^ Humphry Dauy, Lef ? W™ Johnson. Braintry : M' Samuel Tompson. Hauerill : M"' Henry Palmer. Maulden : Capt Jn° Wayte. Beuerly : M' Jn° Dodge. Kittery : Cap? Jn° WincoU. Majo"^ Thomas Sauage was chosen Speaker for this session. • Es^s. THE MASSACHUSETTS BAY IN NEW ENGLAND. Peesent, Jn° Leuerett, Es^, GoQno'^, Sam Symonds, Es^, Dep' GoQ. Symon Bradstreet, Daniel Gookin, Daniel Dennison, Tho Danforth, W™ Hathorne, Jn° Pynchon, Edwd Tyng, Joseph Dudley, •Whereas M' W-" Stoughton & M"^ Peter Bulkley, our agents, are still [*177.] obstructed in their retume, and no allowance hath yet been made for their service, it is ordered, that one hundred pounds be payd to each of them for the bennefitt and releife of their familjes in their absence, and that the same be pajd in money, or at money prize. That there be a full and cleere setlement of all accounts of disbursments Order requir- relateing to the warr, it is hereby ordered & declared, that all and euery per- ""^ * ^^°" son or persons in this jurisdiction challenging any thing of the country, shall, y° '"^'^ *° ^^ brought in by once betweene this & the last of July next, bring in their accounts, duely July next. examined and allowed, according to law in such cases made, and present the same to the country Tresurer, or otheruise they may not expect any sattis- facbn for ought in any respect. Information being given to this Court of some person or persons as yet Comittee to in- vnknoune, that hath either, by word or writting, vttered such things as tends things said to much to the reproaching of our present honor'd Gouerno"" & gouernment, that ^^ reproachful! due testimony may be borne against such persons & things, it is ordered, that goflm'. Thomas Danforth & Jn° Pynchon, Esfis, w*"^ Leif ? "W"" Clarke, M"^ Peeter Tilton, M' Tho Graues, & Cap? Daniel Fisher, be a comittee to make diligent enquiry into this matter as to persons & things, and accordingly to make re- turne of what they shall finde therein, to the sessions of this Court in October next. The Court, for some import reasons therevnto mooving, judge it not Courts order meete to sitt any longer time at this sessions, nor cann there be an issue put mattCTs not is- to all matters depending at present. It is therefore ordered, that all petitions ^"'^'^ *° ^^ ^^^" sions in Octob. which haue binn duely entred, and haue not binn considered oif, and what petitions may yet be entred according to law before the Court breake vp, together with any other tiding or things which haue binn orderly received, VOL. V. • 24 186 THE RECORDS OF THE COLONY OF 1678. that they, and euery of them, (salvo jure,) to euery man, shall all be referred """ ' "^' to the nex sessions in October. ^^' In ans' to the petition of M'^ Hudson Leueret & Sampson Shoare, the tween Hudson Court judgeth it meete to grant the peticoners request, i. e., a hearing of the Leueret, &c, . , • o t • i DoudenorPad- case in October next, on the first Fryday in that session, & y* timely notice dy to be heard -t • - .• j istFrydayin ^^ S^^®^ *° P^^J^' concerned. October. *ln ans'^ to the petition of James Brajding, the Court judgeth it meet to [ n».J grant the petiooner a hearing of the case on the first Saturday in the next Brajdens peti- sessions of this Court in October, at eight of the clocke in the morning, y' con, case to be ^ parties concerned being seasonably sunioned, and caution entred for the heard. ^ *' o J ' hearing of the case. Ans' to Red- In ans"^ to the petic6n of W™ Coudrey, Robert Burnap, Jn°than Poole, case to be ' ^^> ™ behalfe of the inhabitants of Redding, the Court judgeth it meet to heard. grant the peticoners a hearing of the case mentioned in their peticon, at the next sessions of this Court in October next, all partjes being seasonably warned to attend their concernes, & caution being given to the secretary for the Courts hearing of the case. Y« case be- There being a returne made by the comittee appointed by the Generall tweene Salem „ r- i i t • i ^ /• & Befliy to be Oourt, as to a new survey oi the land in controuersy betweene the tounes oi heard, caution galem & Beuerly, which is on file, the Court judgeth it meete to grant a to be given. ^ ^ a hearing of the case at the sessions of this Court in October, on the fowerth day of the second weeke of the Courts sitting, & that partjes concerned take due notice hereof. Ans' to Wen- And in ans' to a peticon from the inhabitants of Wenham, ^psented to this Court, of like nature, & hath refference to y'' case aboue, the Court grants it may then be heard also. Associates for Majo'^ Richard Waldron, Capt Thomas Daniel, M'' Richard Martjn, & mouth. Cap? Eljas Styleman, being nominated as chosen for assosiates for the county of Doner & Portsmouth for this year, were allowed of by the Court. Gen" in Doner Magistratticall power is granted to Majo"^ Richard Waldron, Cap? Eljas in magistrati- Styleman, & M' Richard Martyn, in Doner and Portsmouth, as formerly, for call authority. \^q yeare ensuing. Major Waldron Majo' Richard "Waldron is apointed to execute magistratticall authority in magist. in Yorks. in Yorkshire for y' yeare. Yorkf *'^" And Cap? Jn° Wincol, M-- W" Symonds, & M'^ Samuel Whelewright, r* 179.1 ^^^ approoved & allowed to be associats for y* county & *County Court for the Major Waldron yeare ensuing, w* full power as formerly, oafte's, &l"^ ■'■t i^ ordered, that Majo'^ Waldron take his oath here, and that he give THE MASSACHUSETTS BAY IN NEW ENGLAND. 187 the other genf, coMssioners, & associates their oaths in those countys of 1678. Yorkshire, Douer & Portsmouth. ' «■ ' IMajo"^ Eobert Pike, Capt Nathaniel Saltonstall, M'' Samuel Dalton, & M' AssodatTfor Jn° Gilman were approoved of, & allowed for associats for the County Courts Norfoike. of Norfoike for this yeare. Magistratticall power is granted, as was formerly, to Cap? Nathan Salton- Cap* Salton- stall, of Hauerill, for the yeare ensuing. Magistratticall power is granted, as formerly, to M' Samuell Dalton, of M' Dalton. Hampton, for y'' yeare ensuing. Magistratticall power is granted to M"^ Jn° Gilman, in Exitur, for y^ yeare M' Gilman in magistratticall ensuing. authority. Magistratticall power is granted, as formerly, for the yeare ensuing, living M' Jn" Wood- in Newbery for the yeaxe ensuing, to M'' Jn° Woodbridge. straScaiUn^' Leiftiint W-" Clark, Leif « W-" Allys, M' Peter Tylton, & Leif ? Samuel *'^°"*y- ci • 1 1 c 1 1 • c • Hamps. asscci- Smith are approoved of, & allowed to be associates for the year ensuing to y" ates. County Courts in Hampshire. Thomas Danforth, Es^, is appointed & hereby cofSissionated & impowrd Tho. Danforth, to keepe the County Courts, w"" the associates in Portsmouth & "Wells for this y, courts at yg^jg Wells & Port-3- mouth. W™ Hathorne, Es^, is appointed & hereby comissionated & impoured Maj' Hathom to keepe the County Courts in Norfoike for this yeare ensuing, w"" the asso- *° ^f^^ ' ciates there. Capt Dudley Bradstreet is hereby appointed to joyne persons together in Cap' Dudiy marriage at Andiuer, one or both of whom being setled inhabitants there, & to'^^arry in'' being published according to law. Andiver. In ans"^ to the petition of the seueral troopers at Salem, the Court judg- Cap» Georg eth it meet to grant their request, i. e., that Captaine George Coruin be cap- „ troon°% - taine ouer a troope in Salem, as in the former part of the peticon is exprest. ^^'^■ In ans' to the peticSn of Jn° Warner, of Hadley, humbly declaring his Jn" "Warners being debillitated as to nature & estate, aged, vnable to beare the burden of watchings, wardings, & traynings, desiring the Courts fauer for his exemption therefrom for time to come, the Court grants his request. *Itt is heereby ordered, that the comittee for the Castle doe forthwith take [*180.] eifectuall care, & order that the Castle be fully finished & put into a posture Coinittees pouer to re- ef deffence, and that for the effecting thereof the Tresurer shall pay all bills pajre the Cas- not exceeding the value of two hundred pounds, which the sajd comittee shall charge vpon him for the accomplishment of the sajd worke. In answer to the petition of M'' Martha Eyres, widdow, the Court judg- Courts ans' to M" Eyres peti- eth it meet, & doe hereby order the select men of Boston to take care that the con. 188 THE KECOKDS OF THE COLONY OF deflective ffence about hir garden adjoyning thereto to the prison ward be forthwith repayred or set up, so as may be most suiteable for such a place, & the charge thereof to he borne by the country & county Tresurers, according to the vsuall proportion. Ans' to W"" In ans'^ to the petition of W"" Blake, Ebenezar Clap, Georg Lyon, & ezar Clapp! &c, James Tucker, of Milton, the Court judgeth it meet, & it is hereby ordered, petico., & ans' ^j^^(. ^^^ selectmen of Dorchester doe forthwith restore to the petitioners their to all of like nature. respective rates which they haue received, as is expressed in this petition, and that they, the sajd select men, shall & hereby are empowred to levy the same againe vpon the inhabitants of Dorchester ; and further, that the answer of this petition shallbe as an answer in all cases of this nature in all tonnes w'4n this jurisdiction. Ana' to Jn» & In ans"" to the petition of Jn" & Eobert Blood, late of Billirrica, in y' peticon. 'i^^^ °f warr remooving & sheltring themselues at Concord, were rated there to y" ten rates, & payd it ; but being demanded payment for sajd rates at Bil- lirria, &(3, & sued for y^ same, & recouered ag* them, the Court declares that their ans' to W"" Blakes peticon, &6, of Milton, be their ans', and it is ordered, that Concord returne them the mony againe, w*out charge to y^ peticoners. Ans' to Jn" In ans"^ to the petition of Jn" Watson, who hauing bought a par- con.^ '^^^^ °^ ^^''^^ of Samuel May, late of Eoxbury, as Abigaile, his widdow, knowes & ounes, & hath engaged to passe a deed of sale for the same, that he had payd for, humbly desiring that the sajd Abigaile May, widdow, may be authorized to make him a legall deed for y" same, the Court grants his request. Ans' to Sam. In ans' to the petition of Samuell Wight, of Meadfeild, hauing suffered jo^ great loss by fier by y* Indian ennemy, brought very lowe, hvmbly desiring the favo"^ of this Court to remitt him the rates, about 3 or 4^*, already due for y* last yeare, hoping God will enable him to pay rates againe for the fu- ture, the Court grants his request. [*181.] *In ans"^ to the peticon of Mary Madox, the Court, hauing read & con- Ans' to Mary giderfed the contents of this petition, doe judge & declare, that y* condition of Madox peticon ..... •> o Shir liberty, the petitioner being indeed circumstanced as she hath therein declared, y* her husband, Henry Maddox, hauing binn absent for a thirteen yeares, & never wrote or sent to hir in y' time, she is at liberty from the conjugall bond made w"" the sajd Maddox, & at liberty to dispose of hirselfe as she shall see meete. Ans' to Cam- In ans"^ to the petition of the inhabitants of Cambridare Villaffe, on y° bridg Village . & S> > J peticon. south side of y" riuer, the Court judgeth it meet to grant them a hearing of THE MASSACHUSETTS BAY IN NEW ENGLAND. 189 the case mentioned on the first Tuesday of the next session in October, and all 1678. parties concerned are ordered to haue timely notice. ' '' 9 May. In ans"^ to the motion of Humphry Davy, this Court doeth order, that ^^^, ^^ ■^, the trustees of M"^ Boise his estate shall nominate one person, & the said Davy Humphry Da- vys motion. all other, to examine & issue the exceptions & differences in the bookes of ac- count of the sajd Boy% wherein the sajd Dauy is concerned, w*'^in two months next ensuing, and what they jointly judge due to the sajd Davy by the excep- tions & accounts, that it be forth with payd vnto him or assignes out of the estate of the deceased ; and in case of any agreivance of either party or fayling of performance of the premisses, or in case of any difficulty concerning the Ans' to Jn» estate of the sajd Boy' relating to the sajd trustees, it is refferred to the Gou- _ "'u^V w erno"^ & council to act, determine, & execute all things relating to the premisses, allowed Mm & /• n • '111 • 1 -n* exempt from or any of them, to a fynall issue, & particcularly that the sajd Davy may not traynings. be longer delayed. ,^ns. to Jn» ° •' Warner of In ans' to the petition of John Warner, of Cambridge, a wounded soul- Springfeiids dier, it is ordered, that the petitioner is & shallbe hereby freed from trayn- ^^ j^ p, ings, and that he be allowed three pounds, to be payd him by the Tresurer Lef J-than Danforth im- of the country. powred to mar- In ans'^ to the peticon of Jn° Warner, lately of Hadley, now of Spring- ^^^^J^^^ feild, the Court judgeth it meet to grant the peticoner twenty pounds, to be Aron Cooke pajd him by the Tresurer of the country for the present, towards his disburs- p'J°{ip''|^ith ments on & for f country. ^f' J°f p^ •' •' _ Kellog Sen. Lef? Jn^than Danforth is impowred to marry and administer oathes in ensi.,of foote • T 1 company at the toune of Billirrica, according to law. Hadley. Leift Samuel Smith, of Hadley, being very aged & weake, & not being [*182.] so well able to dischardge military trust as heeretofore, on his request to this Sarj' Joseph Tompson en- Court, is dischardged, and Aron Cooke, Jun, of Hadley, is appointed to be sign at BiUer- cantaine of the foote company there, & Phillip Smith be leiftennt, and Joseph ™''' „. ■t £ ./ ■»■ jno oihuer en- Kellog, Sen, ensigne to y^ sajd company. sign to Major . T . 1 r i J. Clarks compa. *Sarjant Joseph Thompson is appointed ensigne to the foote company at jj^.j^^j^^iyigf.^ Billirrica vnder Lef ? Jonathan Danforth. comission is- . sued out. M' Jn" OUiuer is appointed ensigne to the ffoote company vnder Majo-^ ^^^ Thirston Thomas Clark in Boston. ^^^^^ ^'^'^- , John Modesley is appointed leiu? to the ffoote company at Westfeild. ^ho. Addams Thomas Thirston is appointed leiftent to the flFoote company at Mead- ^"j^'^Jj^^f^^^ feild vnder Cap? Barber. Ans' to Sarah Thomas Addams is appointed ensigne to the foote company at Chelms- g^'^^TTesuTer" n J to pay Sarah 1°^^- _ _ Stephens 4" in In ans' to the peticon of Sarah Steevens, reHct of Joseph Steephens, in- com. 190 THE RECORDS OF THE COLONY OF 9 May. 16 7 8. forming that her late husband, in y" time of the warr, being constable of Men- dom, sent doune fower pounds worth of corne to Meadfeild, in order to its payment to the Tresurer, w'^'^ was burnt there by y* ennemy^ & hauing pajd it to y* Tresurer, considering hir low condition, humbly desires she may be re- imbursed the sajd fower pounds for hir releif, it is ordered, that the Tresurer doe reimburse hir the sajd sume, she taking hir oath to hir narrative y' y° corne was the country^. Ans' to M'» In ans' to the petition of M'^ Francis Eeyner, of Doner, widdow, it is norrpeticon' ordered, that M' Richard Martjn, Cap? Thomas Daniel, & Leif ? Nutter, of Douer, doe take pticular account of the present condition of the estate of both the M"^ Reyners, deceased, and make their report to the next sessions of this Court, what may be donn for the widdows releife. Ans' to Law- In '^ns'' to the petition of Laurenc Cleuton, it is ordered, that this case peticon ^^ refferred to the Court of Assistants next to put issue therevnto, & that our present hono'd Dep' Gouern' or majo'^ genii take bond of the peticSner to prosecute accordingly. Ans' to James In ans' to the petition of James Louell, of "Weymouth, the Court sees not _ °^^ ^ ^^ ' cause to grant the petitioners request, the case mentioned therein hauing binn heard & determined by the Gennerall Court once & agajne. Ans'toJer. In ans"^ to the peticon of Jerremiah Bumsteed, it is ordered, that the ticon ^^^ °-^ *^^® peticoner be suspended, & that he stand bound to his good behauiour during the Courts pleasure. Beueriys In ans' to the request of Beuerly, it is ordered, that the letter JB be. brandm^ke. ^^^^, ^^.^^^ ^^^^_ r*183 1 *^^ ^^ ordered, that the Tresurer prepare all the country accounts as to Order for y« the disbursments about the warr, & deliuer them to our coinissioners for the J^^^' ° ^„ g" Vnited Collonjes before their going to Connecticott, the place of their next meeting. Andiver & "Wee, whose names are vnderwritten, being appointed by the honord Genl Court, October the 10*'', 1677, to rvnn bounds of Andiver towards "Wills Hill, in observance thereof wee mett at Andiver, the partjes concerned on each side, hauing notice of the same, were present. "We begann at Ando- uer meeting house, and ran in a direct Ijne towards Wills Hills, (runing twenty nine degrees east from the south.)- Wee measured sixe mile, good measure, by the chajne, and allowed thirty rods more for the dragging of the chajne, which ended at a red oake, which had a very great rocke by it on the north side, which red oake stands a few rods westward of the path that goeth from Andouer to Wills Hill ; from this red oake wee rann, in a circular Ijne, case. THE MASSACHUSETTS BAY IN NEW ENGLAND. 191 sevenscore pole on each side, keeping at the same distance from the meeting house, which cleared all that land between Andouer & Sarjant Fuller, which was in controuersy; and wee found that wee wanted fower score pole of reaching the former bounds, that Andouer challendged towards Wills Hill. "Wittnes our hands. JONATHAN DANFORTH, Survejo^ WILLJAM JOHNSON, SHUBALL WALKER, JEREMIAH SWEYNE. The Court allowes & approues of this returne. Two biUs of costs in this case, betwene Andiver & Tho Fuller, was Their costs. presented, the one from the surveyor's, &6, amounting to sixe pounds two shil- lings, & the other from Thomas Fuller, amounting to three pounds fiue shillings, in all nine pounds seven shillings, which the Court allowed, & ordered to be pajd in mony, sexually, the one halfe by the towne, the other by Tho Fuller, Sen. ^tt the second Sessions of the Genii Court, held at Boston, 2^ 2 October. October, 1678. Present, Jn° Leueret, Es^, GoQ, , Sam Symonds, Es^, D. G. Symon Bradstreet, Daniel Gookin, Daniel Dennison, Tho Danforth, Edw* Tyng, Joseph Dudley, Escps. THE whole Covrt mett together, & the GoQno' read his maj*= letter, w"" the copie of the oath of alj^giance sent therein, acq^uainting the Court that himself, y° Dep' GoQno'^, & magis*^ then present in council at Cambridge the of August last, w"" the secretary, tooke the sajd oath in tottidem verbis. Also, at the same time, 2* of October, as aboue, our agents letters of 2 October. 192 THE RECOEDS OF THE COLONY OF 16 7 8. Aprill, July, & August last, w"" Randall Houlden & John Greens peticbn, & our agents ans'^ thereto, were all read, & againe returnd to y" Goflno"" againe. The 2 indentures ab' the Prouince of Majne were also read, & deliQd in a black box to y*^ secretary, to keep for the Court. More then ordinary occasions fallen, in the Court, by their order, respitted all private & pticuler cases to be respitted a hearing till 11"' instant, at 8 of y" clock, when all partjes concernd were to attend, and sett apart y* 9"" insant to humble ymselues before the Lord, & seeke his face, desiring y« help of y" Godno' and Assistants, & y* the EeQnd M' Oakes giue a word of exhortation. ance. [*184.J *Att the second Sessions of the Gennerall Court, 2^ October, 1678. Present as in y** other side, w"* Majo'" Pinchon. Majo"^ Hauthon keeping Court at Hampton. Oath of allegi- T A B, doe truely and sincerely acknowledge, profFesse, testifie, and de- I • clare in my conscience before God and the world, that our soueraign lord King Charles is lawfuU and rightfuU king of the realme of England, and of all other his majestjes dominions and countryes, and that the pope, neither of himselfe, nor by any authority of the church, or sea of Rome, or by any other meanes with any other, hath any power or authority to depose the king, or to dispose of any of his maj*^''^ kingdomes or dominions, or to authorize any forreigne prince to invade or anoy him or his country, or to dischardge any of his subjects of their allegiance and obedience to his majesty, or to give licence or leave to any of them to beare armes, raise tumults, or offer any violence or hurt to his majestyes royall person, state, or gouerment, or to any of his majestjes subjects w'Mn his majestjes dominions. Also I doe sweare from my heart, that notw^standing any declaration or sentence of excomunication or deprivation made or granted, or to be made or granted, by the pope or his successors, or by any authority deriued, or pre- tended to be derived, from him or his see against the sajd king, his heires or successo''s, or by any absolution of the sajd subjects from their obedience, I will beare faith and true allegiance to his majesty, his heires, & successors, and him and them will defend to the vttermost of my power against all con- spiracjes and attempts whatsoeuer which shall be made against his or their persons, their croune and dignity, by reason or coulor of any such sentence 2 October. THE MASSACHUSETTS BAY IN NEW ENGLAND, I93 or declaration, or otherwise, and will doe my best endeavour to disclose and 1678. make knoune to his majesty, his heires, and successors all treasons and trayter- ous conspiracjes which I shall know or heare of to be against him or any of them. And I doe further sweare, that I doe from my heart abhor, detest, and abjure, as impious and heeretticall, this damnable doctrine and position, that princes which be excoffiunicated or deprived by the pope may be deposed or murdered by their subjects, or any other whatsoeuer. And I doe beleive, and in my conscience am resolued, that neither the pope, nor any person whatsoeuer, hath power to absolue me of this my oath, or any part thereof, which I acknouledge, by good and full authority, to be lawfully ministred vnto me, and doe renounce all pardons and dispensations to the contrary ; and all these things I doe plainly and sincerely acknowledge and sweare, according to these express words *by me spoken, and according to [*185.] the plaine and comon sence and vnderstanding of the same words, w*out eq^uiuocation, or mentall evasion, or secret reservation whatsoeuer ; and I doe make this recognition and acknowledgment heartily, willingly, & truly, vpon the true faith of a Christian. So help me God. "Whereas it hath pleased his most excellent majesty, our gracious king, order to take by his letter bearing date the twenty seventh of Aprill, 1678, to signify his jegj^ce." *" royall pleasure that the authority of this his colony of the Massachusets in New England doe giue forth orders that the oath of allegiance, as it is by law established w'^'in this kingdome of England, be ministred and taken by all his subjects within this colony who are of yeares to take an oath, — In obedience wherevnto, and as a demonstration of our loyalty, it is ordered and enacted by this Court and the authority thereof, that, as the members of this Court now sitting haue readily taken the oath of allegiance, so, by their example and authority, they doe require and comand that the same oath be given and taken by all his majestjes subjects w*Mn this jurisdic- tion that are of sixteene yeares of age & vpwards. And to the end this order be duely executed, it is hereby ordered, that a conuenient number of printed copies of the sajd oath of allegiance, exactly agreeing w'*" the written ccpie inclosed in his majestjes letter, and signed by the secretary of state, to be sent- forth to euery magistrate and justice of peace, and to the constable of euery toune w*in this jurisdiction. And it is further ordered, that the magistrates and justices, or such as are comissioned w* magistratticall authority, in euery county of this colony, doe, with all conuenient speed, repaire to the seuerall tounes & villages w'l'in this VOL. V. 25 194 THE BECOEDS OP THE COLONY OF [*186.] Treason pun- ished w" death. Precedency of companjes in tounes. Clerks of the writts direc- tion. Law for ex- porting of pro- uissions re- pealled. jurisdiction^ at such time and in such order as they best may, and accomplish the same, giving forth their warrant to the constables of each toune to conuene all the inhabitants of the age abouesajd, and taking their names in writting, administer the sajd oath of allegeance to each of them, and returne their names to the recorder of each County Coiut to be enrolled ; and if any shall refuse to take the sajd oath, or absent themseliies, vnless in case of sickness, the names of such shallbe returned to the recorder of the county, who are to be proceeded against by the County Courts respectively, for the first offence whereof he is legally conuicted, to pay such a fine as the County Court shall impose, not exceeding fine pounds, or three moneths imprisonment in the coinpn prison or house of correction ; and for the second oifence whereof he shall be lawfully conuicted, what sume the County Court shall inflict, prouided it extend not ten pounds, or sixe moneths imprisonment, w*out bayle or majn prize. *It being the duty aswell as the practise of all good subjects to provide for the safety and security of the person, croune, & dignity of their soueraigne princes, this Court, being sencible of their duty and obligation to our soueraigne lord, the king, doe hereby order and enact, that whatsoeuer person w*''in this jurisdiction shall compasse, imagine, or intend the death or destruction of our soueraigne lord, the king, (whom Almighty God preserve w"" a long and pros- perous reigne,) or to depriue or depose him from the style, honour, or kingly name of the imperiall croune of England, or of any other his majesties dominions, and such compassings, imaginations, devises, or intentions shall expresse, vtter, or declare, by printing, preaching, or malitious and aduised speaking, being legally convicted thereof, vpon the oaths of two lawfuU and credible wittnesses, vpon tryall, or otheruise conuicted by due course of law, then euery such person or persons so offending shallbe declared and adjudged to be trayto'^s, and shall suffer the paynes of death. Itt is ordered by this Court and the authority thereof, that in aU tounes w"'in this jurisdiction where there shall be more companjes then one, the precedency of such companjes shallbe according to the priority of the captaines comission. For the ascertaining the power of the clarkes of the writts, it is ordered, that all clerkes of the writts shall signe warrants only in the tounes where they are chosen or reside. 2. That all writts so signed shall passe in all Courts of judicature throughout the colony, they signing A B, p curia, for y" toune of C. There being a la we made in October, 1675, prohibbiting the exportjng of all sorts of prouission, which sajd law was to stand in force only during THE MASSACHUSETTS BAY IN NEW ENGLAND. 195 the Courts pleasure, which this Court hauing considered of, for good reason, 1678. judge meet hereby to repeale the sajd law. "^ '' ^ Whereas seuerall persons, subscribers to the new building at Cambridge, „^, f r t r - are considerably behind in their payments, and many endeavors haue beene for q™« P'^ be- hind of J" sub- the getting in thereof, but hitherto the end is not atteyned, this Court haue scriptions to y thouarht convenient that some meete person or persons in each toune may be „ , . ° ^ -^ ■' Order impow- appointed & empowred to inquire into those deffects, and to demand and ring coUec" in T . . . c ^ p y^ tounes to receive what is yet behind ; and in case any shall refuse to make payment of gather, &E, what they haue subscribed or promised, the sajd person or persons *hereby ^^ ^ '^, "^ ° appointed, or to be appointed, are authorized to levy the same by distresse, as r*187.'l any constable may doe in respect of gathering in of rates, and what they shall get in they shall send or carry the same, and deliuer it to the ouerseers of the worke of the building at Cambridge, or where they shall order, the chardge of transportation to be defrayed out of the subscriptions ; and the select men of euery toune are hereby empowred & required to appoint meet men in their respective tounes to this service, and to hasten the accomplishment hereof w*'' all expedition, and also to agree w^^ the collectors as to the charge in gathering in of the same, and that such of the collectors as doe not vnderstand what is behind & vnpajd, repaire to the ouerseers of the worke for their information. The prouidence of God hauing remooued froffi us the wo''p^ Samuel Order for nom- , . 1 T 1 1 r inating of a Symonds, Deputy Gouerno^ whereby that place is voyd, and the number ot dp*Go.& the Assistants of this colony below the prouission of the patent, & his majes*'''^ choice of As- gratious indulgence thereabouts, whereby wee are in great measure incapaci- tated to mannage the countryes concernes, this Court doth therefore order, that the iFreemen of the seuerall tounes doe send in their voates for a Deputy Governo"', and alike their voates for the seuerall persons vnder written, accord- ing to law, being the persons last yeare in nomination not chosen, so as they may be opened on Monday, twenty fifth instant, that supply may be accord- ingly made, and the countrys interest and service not neglected. It is ordered, that there be three rates raysed this yeare, one in money, order as to the other two in corne, at prizes hereafter mentioned, viz', wheat at fine shil- lings, pease, barly, & barly mault at ffower shillings, Indian corne 9,t three shillings, oates at two shillings sixe pence p bushell, to be pajd in to the Tresurer, the money rate by the last day of December next, the other rates by the last day of March next, all corne to be brought in at the charge of the tounes ; i7e is excepted, not to be pajd in for rates. ^ This Court, hauing voted the acceptance of the bargaine of our agents Order about for the Prouince of Majne, doe order, that the Tresurer take effectuall order M^n™"'°°^° for the payment thereof, according to their engagement, & for his enabling 2 October. 196 THE RECOKDS OF THE COLONY OF 1678. herein, that the customes be security to himself, & such as shall lay doune the money in the countrys behalfe, vntill they be fully sattisfied, for both princi- pall, exchange, & loane. Also, this Court doth desire the Gouerno"^ & councjl to take order for the improouement, goQnment, & disposall of the sajd place by sale or otheruise, for the reimbusing the sajd money in the countrys treas- ury, as to them shall seeme most meet & best. [* 188.1 *It hauing binn presented & recomended vnto this Court by the coinis- Order for a day sioners of the Vnitcd Colonys at their last session at Hartford in September of humilliation 21 Noyember last, that the sajd seuerall colonjes might agree together to prostrate them- selues joyntly before God for the obteyning of the Lords gratious expression of himself vnto, & continuance w"" us, as in the ffollowing pticulars by y"'" is signified, viz': 1. That wee may be suteably affected w"' & humbled vnder all the many tokens of his great anger kindled against „ . 2. That he will freely pardon all our manyfold prouocations, be reconciled to vs, & heale our land. 3. That as he vi^as present w*'' the blessed genneration of his pretious ones, the leaders of his people into & in this wilderness, & did heare them when in their distresses, they cryed vnto him, who will still please to dwell in the middest of us, and not forsake us. 4. That he will not take away his holy gospell, and if it be his good will yet to continue our libertjes, civill & ecclesiasticall, to vs, & to our chil- dren after us. 5. That a spmit of conuertion maybe powred out vpon our children, that they may giue vp themselues, & their seed after them, to be the Lords, willingly subjecting themselues to all his holy rules & gouernment in his house. 6. That in our now low estate, in very many respects obvious to all serious spirits whose eyes are open, his tende%mercjes may speedily prevent us, this Court, hauing a sence of the necessity of that duty of humilliation, and that they may joyne with the neighbour churches of the seuerall colonjes to poure forth strong & vnanimous cryes vnto God for the obtejnment of his grace and favour, accordingly trusting in his mercy, that in the things which wee are agreed to aske according to his will, he will gratiously heare, & be propitious to his servants, doe accordingly appoint Thirsday, 21* of Novem- ber next, being the day agreed vpon to be solemnly kept as a day of fasting , and prayer in all the churches & congregations throughout this jurisdic- tion, strictly inhibbiting any servile labaor by any the inhabitants of this colony. THE MASSACHUSETTS BAY IN NEW ENGLAND. 197 rp , ,. ,, ■ 1678. io the kings most excellent majesty. ._ _, The humble petition of & addresse of the Governo' & Company of your ^ October. Courts ad- majestjes colony of the Massachusets in New England dresse to his majestje. Humbly sheweth, — That whereas your sajd petitioners haue, since your majestjes most happy restawration, vpon their seuerall addresses in the yeares 1661, 62, &6, receiued many signall & gratious returnes of fauour, (confirmation of our charter, par- don of our erro''s, assurance of yo"^ royall inclination to promote the trade & happines of this plantation,) proceeding *only from yo' royall goodnes, which [*189.] hath highly obliged us to all due acknowledgments thereof as wee haue had oppertunity ; and wee shall for future at no tjme omitt to mannifest (accord- ing to oiir capacitjes) our hearty and sincere affection to your majestjes service & interest, as in duty wee are bound ; and therefore most humbly implore the continuance of those gracious influences whereby your poore subjects here haue binn so much refreshed in their great sufferings & distresses, and that your majesties, according to your innate wisdom & goodnes, will receve no impressions from any that, for their oune euill ends, shall endeavo"^ (by false & mistaken reports) to represent us as affecting & aspiring to a greatnes in- dependent on your majesties soueraignty ouer vs, or incompatable with the duty of good & loyall subjects to a most gratious king, in whose prosperity wee most heartily rejoyce, & for which wee dayly pray. In humble obedience to your majestjes comand in 76, wee dispatched our good freinds M"' Willjam Stoughton & M"' Peeter Bulkeley to attend your majestjes pleasure concerning the bounds of our patent in refference to M"^ Gorges & M' Masons, wherein, as wee haue beene informed, your majestje hath declared your pleasure as to the settlement of the bounds of our patent, & our right of gouernment therein according to our charter, which is matter of great sattisfaction to all your good subjects heere, it being their vtmost ambition to enjoy, vnder your royall protection and allegiance, the knoune & declared ends of the first vndertakers, which hath hitherto binn carried on at their oune charge, both formerly & lately defended by a greater expence of bloud & treasure then will easily be beleiued, whereof they cannot but desire to reape the fruites, which they assure themselues they may w*out any dim- inution of yo' majesties greatnes, dominion, or glory, which, with yo'^ majesties pardon, wee are bold to affirme, will not be aduanced by any innouation or alteration of our present setlement. Wee humbly supplicate your majestje that our messengers, hauing dis- patched the buisnes betrusted w"" them by us, & coiiianded to attend by yo' 198 THE RECORDS OF THE COLONY OF 1678. 2 October. [*190.] inaj'J% may be at liberty to returne, & not be obliged to make answer to such complajnts as are made by vnquiet spirrits, who seeke not your maj'^''^ but their oune advantages & our disrest ; and what shallbe incumbent on us wee shall, w"' all dutyfullnes, attend as becomes good Christians & loyall English subjects, and shall glory in giving yo'^ majestje all just sattisfaction, not in- sisting on any erata that may haue slipped vs in forty eight yeares, especially in our infancy or in the times of the late confusions, for which (as we haue had) wee againe most humbly implore your majestjes gratious pardon, which will further obleige us for the future to be most observant of your royall pleasure as to your establishment of us according to the charter granted by yo"^ royall father, & confirmed by your royall selfe vpon seuerall occasions. Lett your majesty be pleased to accept from our messengers abouesajd an account of our ready obedience to your majestjes coinand for taking the oath of allegiance in the forme prescribed, and our repealling that lawe referring to the oath, so ill resented by yo' majestje, w*'' some orders *]M"^ Atturney & M"^ Sollicitor excepted against, as our messengers haue intimated. Wee might recount the particculars, & present our further desires ; but, fearing vi;ee haue binn too tedious to detejne yo"^ maj'je from yo"" more important affaires, and not being in a present capacitje to manifest our grattitude by a suiteable acknouledgment of yo'' constant goodnes, by reason of the great desolations, great charges & debts contracted, & yet remayning vpon us, by the late insur- rections & outrages of the Indians, wee prostrate at yo' majesties ffeet, and humbly begg the acceptance of the loyall hearts Your maj'y''^ most humble subjects & suplicants. The GoBn' & Company of y" Massachusets colony in N: England. ors objections as to wbat is defective in our lawes answer- ed. To M' Solicit- The Gennerall Courts answer to sundry things objected against us and our lawes by the honno''ble the lords of the council for trade & plantation, M"^ Sollicito' & M"^ Atturney Gennerall. Those deifects are supplyed by lawes made against high treason, and the oath of allegiance sent by his maj'-" was cheerefuUy taken by the Court, and the Courts order gone forth for all his maj'''= subjects to take the same, on pcenalty. To obj. 1. Where in our laues wee vse the word coinon-wealth, it is neither in contempt of or opposition to royall authority, and hath not of late bin vsed, nor hereafter shallbe. To object 2. Ans"". The Quakers, at their first coming hither, carried themselues so insolently and contemptuously against authority, rayling at and reuilling the GoQno', magistral-^, & ministers, denouncing fearefuU curses in the name of the Lord, and w'Ml „ , & publickely disseminating and in- 2 October. THE MASSACHUSETTS BAY IN NEW ENGLAND. 199 sinuating their damnable opinions & hsetlirodoxies, to the great endaingering 167 8. the true Christian religion, & raysing a diuition amongst your maj'jes good subjects, after the trjall of seuerall other milder meanes vsed, w* prooved ineffectual! to restreine their pressing in amongst us, this Court was forced, for the preservation of the peace & welfare of this your maj'J""' colony, to make a law for banishment, on pajne of death, for all such contemptuous and obstinate intruders, which lawe they presumptuously and willingly trans- gressed, vpon which some of them suffered death ; yet, so that till the very last it was offered them, that if they would quietly depart the jurisdiction, and promise not to returne againe, they should he dismissed, which they refused; nor can it be affirmed w'*" trueth that they were put to death for religion, no more then it can be affirmed w"" trueth that the Jessuites and seminary preists put to death in the time of Queene Elisabeth & King James, of blessed memory, was for religion, who wee know suffered death justly for their breach and contempt of his maj''^^ lawes. To obj. 3. Tdf^j- i- Ans'. Our law doth not absolutely binde to two or three witnesses. Compare our lawes, title Wittnesses, and our law, title Capitall, page 14, sect 17. To M'' Atturney Genlls objections. *To objecti 1^'. Ans"^. So are many offences by the lawes of our nation, [*191.] as those about treason, burglary, and theft, &3 ; and as to what is objected against persons condemned, making wills, &S, wee conceive it to be according to our patent ; and if its originall, viz', that of East Greenwitch, according vnto which, as wee conceive, notw"'standing the fathers crime, yet the children are to possesse the estate. To object! 2'^. Ans"". Wee finde it worthy further consideration and amendment. To obj. 3. Ans''. Not repugnant, though it admitts of degrees, and it issues in death. To obj. 4. The same w"' M' Solicito'^s first object, and there answered. To obj. 5. Ans"". Wee vnderstand it no otherwise but as vnder his maj"°. To obj. 6. Ans'. Answered in M'^ Solicjto"' second objection^ To obj. 7. Ans''. Not repugnant, but according to the lawes of Eng- land ; 1 Car : Regis, caput 1 ; 3 Car, 4 cap'. To obj. 8. To obj. 9. This is answered in M"" Solicito'^s 1*" objecti. To obj. 10. The oath of allegiance now sent ouer by his majesty being 2 October. 200 THE KECORDS OE THE COLONY OF 16 78. taken by all his maj'J'^ loyall subjects, our oathes to publicke officers are the same for substance w"' the oathes of the publicke officers of other corporations. To obj. 11. Ans. This is answered in the former. To obj. 12, 13. Ans. The Court well approoves your ans"^ in that matter, w''' this addition, that, beside other reasons, wee were necessitated to prevent cousenage, by reason of considerable sums of counterfeite ' Spanish money brought in amongst us. To the objections of the lords of the coiiiittee about abetting the murtherers, &(5. To obje 2. The Court adds to what yow answered therein, viz', M'^ Tho Kirke, related to S"^ Dauid Kirke, and M"^ Thomas Kellond, yet liuing, will tes- tify the same ; nor were "Whaley and Goffe knoune here to vs to be such offend- ers till his maj*''*' proclamation came ouer ; nor doe wee know, nor could be informed, that they were in any part of this colony after the sajd proclamation came ouer, and therefore doe humbly beseech his maj''* and the honorable privy council to give full credence to what is here asserted by his ift^''*^ duti- ful! subjects ; and that there was no neglect, much less contempt, of his majestjes coinand in this matter. [* 192.1 To object! 5. *Your answer in that matter also being approoved by the Court, they add further, viz*. Wee doe affirme and assure his maj*y and your lordships, that there was no violence or hostillitje vsed in the resetlement of New Hampshire or the Prouince of Majne after the departure of his maj*^^^ comission'^s, nor any neede thereof, it being donne at the desire & with the consent of the inhabitants there. To obj. 7. Your answer also therein being approoued, the Court adds, viz*. That for the acts passed in Parljament for incouraging trade and nauiga- tion, wee humbly conceive, according to the vsuall sayings of the learned in the lawe, that the lawes of England are bounded w*''in the fewer seas, and doe not reach Amerrica. The subjects of his maj*'" here being not represented in Parljament, so wee haue not looked at ourselues to be impeded in our trade by them, nor yett wee abated in our relative allegiance to his maj*'". How- euer, so soone as wee vnderstood his maj*J'== pleasure, that those acts should be obserued Ijjr his maj'J™ subjects of the Massachusets, which could not be w*''out invading the libertjes and proppertjes of the subject, vntill the Generall Court made prouission therein by a law, which they did in October, 1677, and shall be strictly attended from time to time, although the same be a discouragement to trade, and a great damage to his maj*''=' plantation, vntill wee shall ob- teyne his majestjes gracious favour for that liberty of trade, w<='^ wee are not 2 October. THE MASSACHUSETTS BAY IN NEW ENGLAND. 201 w^'out topes but that his maj"^ will see just occasion to grant to us, for the 16 7 8. encoui-aging of his good subjects in a wilderness & hard country, who, by- Gods speciall blessing vpon their industry, haue promoted the worke of naui- gation, by building ships, raysing seamen, and nauigating them from country to country ; and wee doubt not but it will appeare, vpon enquiry, that this restreint vpon us will be an abstraction of his maj'''^ customes in England, and not an inlargement thereof, for that the endeavour of the merchant here is to haue his bancke in England ; nor doe wee beleive that euer it cann be demon- strated, that that liberty hath binn a losse to his maj'^'^^ customes, especially of late yeares, for that for whateuer goods from any of his maj'i''^ plantations wee pay his customes before wee haue them ; and hauing pajd the dutyes, it seemes hard that wee may not haue liberty w"" our fellow subjects in England. Wee speake not thus to capittulate with his majesty, but humbly submitt the same to his royall clemency & grace. *To object 7. About customes, &6, wee say, that imposition vpon goods [*193.] imported from England is not propperly any custome, but a rate vpon such an ^^°^^ "if- estate, as a penny on the pound, when it comes into the merchants hands, as all other inhabitants pay for their catle and other their estate that they haue. To object 8. As for the lawes accounted repugnant to the lawes of Eng- Abou[t] lawes land, wee say, that they were not deeined so to be in the dayes of their ' making by those that made them, but only some of them diuers from them ; wee are vpon examination of those objected against, and such as shall so appeare, wee shall repeale w"" all convenient speed, and shall endeavo' for the future that none such be enacted w*''out his majestjes express & particcular licence, except such as the repealling whereof will make us to renounce the ^ professed cause of our first coming hither. As to any other objections in that of the lords of the comittee, &6, the Court doth acquiesce in yo', answers. Boston, 10 8, 78. Gent", & our euer honnord freinds : — Your joynt letters, da? March 15'^ July 26, & August IS'*", 1678, came Courts letter to safe to our hands, & haue binn presented & read in the Gennerall Court. The Engi^!' "^ great kindness of God in the preseruation of your healths & liberty to attend the service of the country wee cannot but thankfully acknowledge, & yC^ oune indeffattigable endeauours, w* so great intensenes of minde, in that great service doth highly oblige" us in grattitude to yourselues, whateuer the issue may finally be, duty being only our part, & the successe thereof his to whom it well becometh all knees to bow. Obstructions & difiicultjes in a work& of VOL. V. 26 202 THE EECORDS OF THE COLONY OF 1678. this nature neither vow nor wee ought to marvell at. Blessed be God that *~'^~'*^ "" hath hitherto appeared dissappoynting the hopes & exultations of our adver- sarjesj & giving us favour in the eyes of the kings maj'je & his most honnor-. able council. According to the intimation given in yours, wee haue draune vp an addresse to be presented to his maj'je. Our apprehensions as to other particulars yow mention in yours yow will finde heere inclosed. In gennerall, then, wee may say that establishment which wee haue heere enjoyed for neere fiuety yeares, wee cannot but judge that it would be very great ingrattitude to God, & to his maj*'", should wee deale slightly in securing the same, the interest of God & his maj*^" being farr more concerned therein then ourselues can pos- sibly be, personally considered, and they are not to be accounted freinds to either that shall seeke to vndermine or weaken the same ; for, as our grouing vp to such an orderly setlement hath binn the genuine ofspring of his majestys charter, granted us vnder the great seale of England, so also the Lord hath binn pleased gratiously to oune his people here that haue adventured their lines & estates into this howling wildernesse in the pursuance thereof. And it is well knoune that our planting here haue not only secured these plantations [*194.] from the French and Dutch, *that would otheruise haue swallowed vp the same, and w**" whome at first wee mett w"' some contests, but also, by our nauigation and trade', his maj'^''=^ exchecquer haue binn (at least) some litle advance, & was neuer in the least diminished on our account. Some marri- ners and merchants heere doe affirme that they ap^hend that the customes pajd in England by the shipping that come from New England is not lesse then twenty thousand pounds p annu. But that which is farr more consider- able then all these is the interest of the Lord Jesus, & of his churches scittu- ated in this wilderness, w"'' ought to be farr dearer to us then our lines ; and his majestjes charter being, vnder God, our only security against the malice of our adversarjes in these respect, any litle breach in the wall would endain- ger the whole, and therefore, as his maj'^ hath binn pleased, by his gratious letters sent vnto us againe & againe, to confirme the same, wee would not that, by any concessions of ours, or of yo's in our behalfe, that any the least stone should be put out of the wall ; and wee are not without hope that, in the issue, his maj«'== favour will be as the north winde for the scattering of those clouds that doe seeme at present to threaten the losse of our future tranquillity. Wee very well approoved your declaration of our readiness to amend any thing of which, through ignorance or neglect in any kinde, wee haue transgressed the rules given us by his maj''' in our charter, and to begg his pardon for the same. As for that particcular of our coyning money w"" our oune impress, his THE MASSACHUSETTS BAY IN NEW ENGLAND. 203 maj'y, of his gratious clemency towards us, hatn not binn pleased as yet to 1678. declare his pleasure therein ; and wee haue confidence that, when he shall " ' truely be informed of the symplicity of our actings, the publicke joy thereof to his subjects here, and the great damage that the stoppage thereof will inev- itably be to our necessary comerce, and abatement of his maj*^^^ customes, yearely acruing by our merchants & nauigation, & is pajd at London, his maj*y^ will not account those to be freinds to his croune that shall seeke to interrupt us therein ; and for the impress put vpon it, wee shall take it as his maj*i^^ signall ouning vs, if he will please to order such an impresse as shall be to him most acceptable. Your bargaine & obligation given for yo"^ purchas of the Prouince of Mayne this Court doth accept, and shall take care that the money be accord- ingly pajd ; and wee desire that yow will vse yo' vttermost endeavo"^ for the setlement of the fewer intervening tounes. Our sence of the particculars intimated in yo'^' we dare not presume to give as our answer, his maj'-i^ not hauing as yet declared his pleasure therein, nor demanded of vs our answer thereto ; only as yow haue oppertunity yow may make vse thereof. *His majestjes order, passed for expediting what is yet depending in [*195.] order for your dispatch, doth giue us ground confidently to expect your re- turne vnto us early in the spring, and therefore wee shall forbeare to mention what otherwise ^ haue binn meet w*"" respect thereto ; nor will it be necessary that wee should give yow any further instrucons or take care for your further supplyes of money, saue only for dischardge of arrears past, and what will be accomodable for yo' returne home ; and in very trueth the whole country is now so greatly impouerished by our late trouble w''' the Indians, sicknesses, & mortallity, &6, that wee are not able to procure any more mony to be sent ouer to yow, our tresury being not only empty, but many thousands of pounds indebted to merchants here and in England that haue lent us money for our supply. In observance of his majestjes expresse w"* reiference to the oath of al- legiance, on sight thereof the Gouerno'^ & council tooke the same, and on the meeting of the Gennerall Court, the Deputjes also tooke it it, no man in the least dissenting, and haue passed an order for the taking thereof by all the in- habitants of the coUony. The kings armes also the Court haue ordered to be forthwith carved by an able artist, & errected in the court house. [The remainder of page *195, and a portion of page *196, are blank.] *It being concluded by the coinissioners at their sitting at Hartford, that [*196.] 204 THE RECORDS OF THE COLONY OF 1678. 7 October. Comittee for sale of cone- quest land. Ans' to Cap' Clapps peticon, Diuicon of Sa- lem Bouldi's. Barthol. Gid- ney lef to Cap' Jn"* Corwin, Jn" Pickering ensigne. Salem millita- ry compaJ'. Ans' to M' James Aliens peticon as to Nurses farme bounds. Ans' to Nath. Homes peti- [*197.] Ans' to M's Hanifords pe- ticon. Ans' to Vf" Touers peticon. a comittee of the seuerall colonjes met at Plymouth March next to assist in the sale of the concquest lands, the Court judgeth it meete to appoint and order Capt Daniel Fisher, M"^ Thomas Weld, & Leif ? Jn" Holbrooke to attend the same, whom the GoQno'^ may formally commissionate & impower, in the name of the Gennerall Court, for the mannagement of that affayre. In ans' to the peticon of Koger Clap, cap'" of the Castle, the Court judgeth it meet to grant that the one halfe of his & his mens wages be as- signed to him by the Treasurer, to be pajd in money or as money. There being an order lately made for taking of Salem fiarmers fi:om trayning at Salem, and the selling them as a foote company, for the ordering of the ffoote companyes remayning in Salem, this Court doeth declare, that the sajd companyes, as to their distribution, be and remajne as they were be- fore the sajd ffarmers were made a company ; and also, this Court doeth order and appoint, that Ensigne Bartholmew Gidney be leiftennt to Capt Jn° Coruin, and that John Pickering be ensigne in his roome. As an addition to the order for the setling the two companyes in Salem, it is hereby ordered, that fiuety seamen & fishermen that Hue in lower part of the toune, below the meeting house belonging to Cap? Price, shall be added to Cap? John Corwin company, & be henceforth vnder his coinand. In answer to the peticon of M' James Allen, it is ordered, that M"" Ed- mund Batter, Capt Jn° Whiple, Cap? Jonathan Poole, Left Johnson, of "Wooborne, & M' Olliuer Purchis be a comittee to vejw & state the bounds of Francis Nurses farme, and setle the difference betweene the id farme and M' Endecotts, or any others adjoyning, the petitioner giving in caution for the charge thereof, M' Batter to appoint time & place of meeting, making returne of what is donne therein. In ans'' to the peticon of Nathaniel Homes, the Court judgeth it meet to grant the peticSn, i. e., that the relict of John Homes, now the wife of Obediah Hdmes, be impowred to make deeds of sale of hir pte in that estate. *In answer to the peticon of Abigaile Hanniford, & on consideration of the papers she presented to this Court, it is ordered, that it be refferred to the County Court of Suffolke to permitt & empower the petico-ner for the sale of the house & lands mentioned, or what part of the estate they shall see meet, for the payment of the proportion of estate due to Dells children, & other necessitjes of the widdow to be disposed of according to the discretion of the sajd County Court. In ans"^ to the peticbn of Willjam Towers, the Court judgeth it meet tc referr the peticoner for issue of this case to a course of law in our Courts of judicature. THE MASSACHUSETTS BAY IN NEW ENGLAND. 205 In answer to the peti58n of Mary Crawfoot, late wife & relict of Joseph 16 7 8. Crawfoot, of Springfeild, humbly desiring that shee may be enabled to make " ^i ' & receive firme deeds of sale in way of exchange w"" Maio"^ Jn° Pinchon & •' o J ^ns' to Mary Henry Chapin, both bargained & sold by hir late husband, as aboue, for lands Crawfoot peti- of them, the Court grants hir request, & enables hir accordingly. M' Humphry Davy is appointed captaine to that company whereof Cap? M' Davy cap- Tho Clarke, deceased, was late captaine of. *^'°^' It is ordered, that Samuel Gardiner, Jun, of Salem, officiate as ensigne to samuei Gardi- Capt Price his company till the Court take further order. clp'Trfce his In answer to the motion of Edward Rice, of Marlborow, being imprest company. to goe w"i the warrants to Springfeild & those parts, hauing binn out sixe ^^ ^, ^-^ dayes, himself & horse, & made returne for y" electing of a Deputy GoQ, &d, the Court judgeth it meete that the Tresurer pay him forty shillings out of Marlborow rate, or thirty shilling in or as mony. In answer to the petition of Jn" Clary, Sen, father to Jn° Clary, Jun, & Ans' to John his atturney, it is ordered, that the comittee of militia of Water Toune sattisfy ^^ & pay him for his sonns horse, three pounds, according to law ; and also that the country Tresurer pay him twenty shillings for improoving of him in the countrys service. In the case now depending betweene Hudson Leueret & Sampson Shoare, courts judgm« pl*ffs, by petition, against Phillip Ballis, deffendant, in an action trjed at the ^ ''' °^^^° Coui-t of Assistants in March last, touching a house & land, as in the judg- et, Sampson Shoare, pi*, ag ment of that Court doth more ffuUy appeare, the Court, on a full hearing of phiiiip BuUis. the case, and all euidences therein, together w*'^ the allegations of both partjes, doe finde, viz', the confirmation of the judgment of the Court of Assistants in the case, & costs of Courts, & for hearing of the case fine pounds, w""* fine pounds was remitted by the whole Court. *In the case now in Court, touching Hugh March, & Dorcas, his wife, the [*198.] Court, vpon what they haue heard alleadged by them both in the case, and Courts judg- ment ill Hugh duely considered thereof, doe judge that the sajd March ought to take the sajd March & his Dorcas, & reteyne hir as a wife, and to observe & fuUfill the marriage coue- '"'^^^ ''^^^' nant according to his engagement. The Courts of Essex, wanting a supply of magistrates for theire County Essex associ- Courts, this Court doeth order, that M"^ John Woodbridge, of Newbury, & B^^oung'&g ]y[r T^m Broune, Sen, of Salem, be associates of the Courts for the remainder of this yeare, & sitt & assist in sajd Courts accordingly. M-^ Francis Hooke, Cap? Frost, & Leiftennt Alcock are comissionated ^^^ittery associ- ■^ ates, M' w*^ magistratticall power in the county of Yorkshire, seuerally, to punish Hooke, &c. 206 THE RECOEDS OF THE COLONY OP 1678. crlminall oiFeudors, joyning of persons in marriage, taking of oathes, & end- '^ ' ing smale cases, as any one magistrate may doe. Ans' to Jn» " ^^ ^^^' *° ^^^ petition of Jn" Blano, it is ordered, that Captax Bratle, Blajnopeticon. Cap? Wayte, & Leifteniit W"^ Johnson make dilligent enquiry into the ground of his complaint, & make returne of what they finde therein to the next Court of EUection, and that then all partjes concerned are to attend the issue. Ans' to Edw^ In ans' to the peticon of Edward West, of & for Sherborne inhabitants, ests peticon. ^j^^ Court judgeth it meet to grant the peticoners freedome from one single rate in a yeare during the terme of three yeares now next coming, prouided they be suppljed w*'' an able minister there. Time for cases It is Ordered, that all cases appointed to be heard at this Court be respit- to be heard. ^^^ ^.jjj ^^^ sixteenth instant, at nine of the clocke, at w* time all persons con- cerned in particcular, or toune cases, are to take notice hereof, and to attend their concernes. Ans' to Rich'' In ans"^ to the petition of Eichard Russ, of Weymouth, a wounded U9S pe con. gQ^j^jgj.^ humbly desiring this Courts favour as to grant & order that he be repayd the suine of forty shillings, which he payd for his cure, the Court judgeth it meet to grant his request, & orders the Tresurer to pay him forty shillings in or as mSney out of Weymouth rate. M'Tho.Layton M'' Thomas Layton, of Lyn, is impowred to joyne such persons in mar- impowre to j-jg^gg ^s doe live, one or both, in that toune, being legally published. Tho. Wights In ans'^ to the petition of Tho Wight, of Meadfeild, the Court judgeth remi e . j^ meet to grant his request, (being reduc' to great necessity by y^ Indian ennemy,) j. e., abatem' of his rates, amounting to three or fouer pounds. [* 199.1 *Iii answer to the petition of Capl Thomas Hinchman, the Court judgeth Ans' to Cap' it meetc to order, that the peticoner be sattisfied his accompt of disbursments, Hinchmans . ... ^ ..... peticon. amounting to eighty three pounds tenn shillings, in land, and that Cap? Brad- street, Lef? Danforth, & M"^ John Flynt are hereby ordered & appointed as a comittee to consider of a convenient place in some Indian land neere adjacent, and also how much land may sattisfy such a debt, and that they make returne thereof to the next Court of Election. M' W" Broune In ans'' to the petition of seuerall inhabitants of Salem, presented to the troopeo^horse ^lourt by Majo"^ Gennerall Dennison, the Court, on pervsall thereof, judge Jn-Putmanhis meet to appoint M' W"" Broune, Jun, to be captaine to the troop of horse in leiften"'. ' r r Salem, & John Putman to be his leifteniit, & order the same to be a distinct troop of horse, as formerly, cap'. -A-nd that Daniel Pearse be captaine to the ifoote company in Newbery. THE MASSACHUSETTS BAY IN NEW ENGLAND. 207 It is ordered, that Ensigne John Cutler be, and heereby is, appointed 16 78- leifteniit to the millitary company of Charls Toune. '" "" . _ . . . 7 October. In ans'' to the peticon of Caleb Seavor, if it be so y' Sarah Wilson, wid- j^„ cutier lef dow, acknowledgeth as exprest in the peticon, the Court judgeth it meete to °^ Charts Toune corapa^. grant the peticbn, & sajd Sarah Wilson is impowred to give deed of sale of j^^^, to tj^ieb sajd halfe pt of land to Caleb Seavor. Seaver peticon. It is ordered, that the Tresurer dischardg the bill of M"^ W"" Kent, given 4" to M' "W° in by him 9"^ instant October, in mony, fower pounds. Leifteniit Phillip Smith is appointed leiutennt to the troope of horse, of Phillip Smith Hampshii-e, vnder the coinand of Majo"^ John Pynchon and Joseph Parsons, par'sons cor- Seii, to be cornet to the sajd troope, and Ensigne Joseph Kellog leiutennt for "^"° ^' '?''P ye foote company in Hadley. Joseph Keiog In ans"" to the petition of Georg Munjoy, humbly desiring vs^hat the j Court sees meet to allow him for his paines, &6, laying out the easterne Mountjoys pe- bounds, it is ordered, that the Tresurer pay him the suine of fine pounds out of the rates in the county of Yorke. In ans' to the petition of Eebeccah Hawkins, the Court judgeth it meet Ans' to Rebec- to referr the ans'' of this peticon to the next County Court in Boston. peticon. In ans'' to the petition of Thomas Parkes, in behalfe of his sonne, John Ans' to Thom- as Parks peti- Parke, the wounded man, the Courte judgeth it meet to grant the sajd John gon. Parks eight pounds to what already hath bin granted. In ans'' to the petition of the selectmen of Milton relating to the charge Ans' to Milton of Daniel Dyke, a wounded souldier, &3, the Court sees no cause to grant ti2o„_ their request in sajd petition. *In ans"^ to the petition of James Hudson, & Mary, his wife, declaring to [*200.] this Covrt that M' Brajden & they being agreed in the acc&n refferring to t^^^° ^-^T ffencing a parcell of land vpon Long Island, prouided wee tooke out the sons petition papers, w'" the whole action, renernng to this case, now in Uennii Court, at Long island, humbly desiring this Courts favour to grant an order to the secretary to giue out to yo"" petitioners all those papers referring to the sajd action, & the for- mer order of this Court relating therevnto be made null, that so no more trouble may arise therevpon, the Court judgeth it meete to grant this peticSn. The Court judgeth it matter of incumbancy to take care for an honno^'ble Dep' Gofln's & decent interment of y* late Deputy Goflno'', & doe hereby order, that the term', country Treasurer forthwith deliuer the sum of twenty pounds, in money or such other pay as may be necessary for such an end, to M"^ Daniel Epps, Senio"", to be as an addition to what shallbe expended by his relations on that account. 208 THE RECORDS OF THE COLONY OF 1678. October. Courts judgm' in Wenhams case, Bev'ly & village, & "Weuham. Wenliams dis- chardg from contribution, Wenhams cau- tion returnd. Ans' to M" Rebeckah Bulkley, &c. Ans' to "WMt- man & M' X peticon as to Palsgraue Al- cocks ex- change. [*201.] Jackim Reynor & Job Lanes peti. Courts resolue inter Cap* OUi- uer & y toune of Lynne. This Court, being sencible of a difference between Wenham & Beuerly and the village, relating to a diuissionall line betweene them, as to a suiteable accoinodation in wayof proportion betvreene each place, doe appointe and im- power Cap? John Wayte, Leif t W™ Johnson, Capt Jonathan Poole, & M' Richard Hubbard to joyne w*'' three others that Salem shall choose, who are hereby required to make choyce of three able men of their oune toune to joyne w*'' the aboue named, as a coinittee on the place, and are hereby im- powred fully to setle the diuisionall Ijne betweene Wenham, Beuerly, & the village aforesajd, and also to consider and finally to conclude the matter in controuersy betweene Salem & Beuerly, relating to an addition of land out of Salem ; and what the majo"^ parte of the persons aboue mentioned shall agree vpon shallbe a fynall issue of these matters, who are to make returne of what they doe to the next Genn" Court. Capt Jn" Wayte to appoint time & place. The charges to be borne by Salem, Wenham, & the village, in sequall propor- tions. In ans"^ to the peticon of Tho Fiske & Charles Gott, in behalf of Wen- ham, the Court grants that the toune of Wenham be dischardged from that subscription as to y" coUedge, for the reasons therein exprest. The Court judgeth it meete to remitt the charges of this Court to the towne of Wenham, & ordered the money deposited to be returned to them. In ans'' to the petition or request of M" Bebecka Bulkeley, the Court judgeth it meet, & the Tresurer is heereby ordered to make full payment to the peticoner of the hundred pounds granted to hir, w'^'out deducting of the two and twenty pounds ten shilling therein mentioned. And, as a further ans'', it is ordered, that intimation may be giuen to his majesty that his favour is craued for the returne of M'' Bulkley; at least, if his majesty shall not judge it meete to sett both our agents at liberty. In ans'^ to the petition of Zachariah Whitman, Joshua Lambe, & Jn" Alcock, children & heires of the estate of the late M' Jn" Alcock, phisition, humbly desiring liberty to exchange a parcell of land assigned to their brother, Palsgraue Alcoks, w"> alike quantity & goodnes from Joseph Dud- ley, Esq>, the Court grants their peticon, & allows them liberty for the sajd exchainge. *In answer to the petition of Jackim E.eyno'^, of Bouley, only sonne of y late M'^ John Eeyno', Sen, of Doner, as also of Job Lane, of Billirrica, in right of his wife, both are refferd to the next Geii Court. In the case of Capt James OUiuer & the toune of Lynn, resolued by the whole Court, that each person. Cap? OUiver, &6, and the toune of Lynn haue THE MASSACHUSETTS BAY IN NEW ENGLAND. 209 their entry moneys againe out of each Court, or the Tresurers thereof, and 167 8. that they beare theire oune charges, being at liberty to beginn de novo. ' ' ' Octobsr On pervsall of GoQno' S"^ Edmund Andros last letter to the coinissioners „ ^ ' for the Vnited Colonjes, bearing date ^ , by the whole Court mett together, ^^ *° Goflnor _ . . Andros letter. it was voted, that the matter conteyned therein be left to our comissioners to effect it, and send some meet persons, as Majo'^ Pynchon for one, w"' meete Indians, as they judge best. In ans' to the peticon of M'=' John Gifford, it is ordered, that the peticoner Ans' to M' haue a hearing of his case at the next Gennerall Court on the fiuth day of peticon. the seccond weekes sitting, and, in the meane time, execution is suspended, prouided that sufficient caution be giuen to respond the Courts judgm* in the case, and in so doing the petitioner to be set at large, the secretary to take the security, & give warrant for his release. In ans"^ to the petition of the remayning inhabitants of Deerefeild, the Ans' to Deere- . c 1 • 1 • J- 1 ^^'1^ inhabit- Court judgeth it meete to referr the peticoners to the proprietors lor the antspetico. attayning of their interest, so farr as they shall judge necessary, leaning the matter w* the comittee to regulat ; improovements & charges to be levyed there vpon, as they shall judge legall & meete, for the encouraging the rebuilding of that plantation. The Court hauing ordered warrants to issue out to the seuerall ffreemen 21 October. of y* seuerall tounes to send in their proxies or voate for the ellecting of a ^^^ ^^ ^^^ °^^ Depufrs^ Goilno', in v« steed & place of the late honno'ed Dep*y Goflno', d<=p' ^ou. & t^ J ' ■> '■ -^ newmagis". together w"' adition of magistrates, &6, suiteable to our necessary station, symon Brad- this 21 October the seuerall tounes made their returnes, & being opened, it p^'^f^^^'^'' appeared that Symon Bradstreet, Esquire, was chosen Deputy GoQno' for this remayning pt of y^ yeare, — And Captaine Nathaniel Saltonstall was chosen an Assistant, & both Nath. Saiton- were published accordingly. It was ordered by the whole Court, that the ^jg^^^^ secretary send for Cap? Saltonstall, acquainting him w"* his chojce, & the Courts desire of his presenc, to take his oath. *Voted, by the whole Court, that the case relating to M'" Winsley & [*202.] Samuel Dauis, & his late wife, is refferred to the next Gennerall Court of EUection, and all persons concerned to remajne in the same state as they are in now ^ refference thereto. ^ The worpff' Majo"^ Jn" Pinchon tooke y« oath of allegiance in open Court ; so did the seuerall deputjes now mett in the Gennerall Court. VOL. V. ^T 210 THE KECOEDS OP THE COLONY OF 1679. *M a Gennerall Court for Elections, held at Boston, 28* May, ' ' 1679. 28 May. [*203.] ^YMON BEADSTREET, Es^, was chosen Golino' for the yeare ensew- K^ ing, & tooke his oath in Court. Thomas Danforth, Es^, was chosen Dep* GoUno'^, & tooke his oath 29 May, 1679, & 1 Comissio'. Daniel Gookin, Esqp, was chosen Assistant. Daniell Dennison, Es^, chosen Majo'^ Genii, & P' Comiss in reserve, "W"" Hauthorn, Es^, Jn° Pynchon, Es^, Edw* Tyng, Es^, "W"" Stoughton, Es^, Joseph Dudley, Es^, & 2* Comission'^ for Vnited Colonyes, Peter Bulkley, Es^, Nathaniel Saltonstall, Es^, Humphry Davy, Es^, & last Comissio' in reserve, Assistants, & tooke y*"* oaths, except M' Staughton & M' Bulkley, y' were absent. Edward Eawson was chosen Secretary, & tooke his oath. Capt Jn° Hull was chosen Tresurer, & tooke his oath. The names of the seuerall deputjes chosen & returnd from the seuerall tounes to serve at this Gennerall Court were, — Cap? Jn° Corwin, Cap? Jn" Price, for Salem. Capt Lawrenc Hamond, 1 s., M' James Russell, for Charls Toune. M' W"* Sumner, Dorchester. M' Anthony Stoddard, Cap? Jn" Richards, Boston. M"^ Edward Morrice, Roxbury. M'^ Symon Stone, "Water Toune. Cap? Rich* Walker, Lynn. M"^ Edward Oakes, Cambridge. Majo"^ Sani Apleton, Cap? Jn° Whiple, Ipsuich. M"^ Nicholas Noyse, Newbery, 1 s. M'^ Samuel White, Weymouth. Cap? Joshua Hubbard, Hingham. Cap? Tho Brattle, Lef ? Jn° Flint, Concord. For Rowley : M"^ Jn" Peirson. THE MASSACHUSETTS BAY IN NEW ENGLAND. Dedham : Cap? Daniel Fisher. "Wooborn : Left W°» Johnson. Hampton : M"^ Samuel Dalton. Hauerill : M' Henry Palmer, 1 s. Maulden : Capt John Wayte. Beverly : M' John Dodge. Kittery : Maj' Eich-^ "Waldron. Doner : Left Peeter Coffyn, 1 s. Portsmouth : M'' Richd Martyn. Wenham : M'' Tho Fiske. Yorke : M'' Edw"* Rishworth. Northampton : M'' John King, 1 s. Hadley : M' Peeter Tylton, 1 s. Sudbury : M' Peeter Noyce, before Eouley. Braintry : M'' Samuell Tompson, before Wooft. Majo'^ Richd "Waldron was chosen Speaker for y^ session. *Whereas there is an abusive & euil practise taken up in seuerall places [*204.] of this colony, vpon trayning dayes, more publicke or private, & other pub- Order phibbit- iiig retayling licke conuentions of people vpon ciuil occasions, diuers persons taking liberty strong drinckes to bring into the feild, & other places neere such concourse of people, consider- ^y ' 8 • able quantitjes of wine, strong lic[uo''s, cider, & other inebriating drinckes, hauing no licence so to doe, whereby many people, both English & Indians, that come to such meetings, aswell as souldjers, cofcLitt many disorders of drunkeness, fighting, neglect of duty, &S, for prevention whereof it is ordered by this Court and the authority thereof, that henceforth no person whatsoeuer shall presume to bring into the feild and sell by retayle vpon such occasions any wine, strong liq[uor, cider, or any other inebriating drinckes, excepting beere of a penny a c[uart, vnless he or they so doing haue license from the hands of two magistrates, or the cheife military officer or officers in the feild, vpon penalty of forfeiting all such strong drincke, and paying a fine of fine pounds, one halfe to the informer, & the other halfe to the county Treasury ; and it is further ordered, that the constables of the toune where such meeting is are ordered & required, w"' a meete company to guard him, shall, by warrant from the cheife officer, seize vpon all strong liquors, wine, cidar, or other strong drincke, and dispose of the same as the law directs. It is ordered by this Court & the authority thereof, for the easement of * trayning dayes only, vn- the country, that the ordinary traynings of foote & horse be reduced to fower less, &o. 212 THE RECORDS OF THE COLONY OF 1679. dayes in the yeare, any law, vsage, or custome to the contrary notw^standing, ' ' ' vnless the cofaission officers of each company in euery toune respectiuely shall ^^' draw forth & exercise their companyes after the fower days trayning injoyned are expired, one or two dayes more yearly, according as they shall see cause, to w"*" end they are hereby allowed & impowred. Order about It is ordered hy this Court & authority thereof, that clay to make bricks bricke making, ^t^^^^^ digged before the !«' of November, & turned ouer in the moneth of February & March ensuing, a moneth before it is wrought, and that no person temper their bricks w*^ salt water or brackish, and that the size of bricks be nine inches long, two & one quarter inches thicke, & fower & a halfe inches broad, and that all moulds vsed for making bricke be made according to these sizes, & well shod w"^ iron, & what person or persons soeuer shall make bricks in any respect contrary to this order, in the seuerall particculars of it, shall forfeite the one halfe of such bricks to the vse of the treasury of the toune where they are made. Encouragem' It is ordered by this Court & authority thereof, that all fishermen that trade. " ^^® ship' vpon a winter & spring voyage shall duely attend the same, according to custome or agreement w* respect to time ; and all fishermen that are ship' vpon a fishing voyage fbr the whole summer shall not presume to breake off [*205.J from sajd voyage before the last of *October w*''out consent of the ono', master, & shoaremen, vpon the poenalty of paying all damages. Addition to As an addition to the former law, tit Military, it is ordered by this Court ™to'penaUy^ ^ ^'^ authority thereof, that euery foote souldjer that is a delinquent on a for abseno at trayning day shall pay for each dayes delinquency fiue shilHngs in money, traynings. or tenn shillings p day in good merchantable comoditjes or grajne, as the country rates are payd, to be levyed by the clarke of each company as the law directs. Law ab' booke Vpon complaint of sundry inconveniencjes & pjudice arising by the law entituled Debts by Booke, if put in execution, w°'' law, vpon sundry petitions, hath, from time to time, been suspended, & now againe, by longer experience, found to be very detrimentall, this Court, on consideration hereof & what else is presented, see cause to repeale the same, & by the authority thereof it is hereby repealled to all intents & purposes. Quest, about a Whether, if a toune see good to implead any person in a course of law, resoiued.''^'^ and make their voate to that end, & choose their atturney, it be not sufficient legall atturneyship & to be allowed in Court, the sajd atturney bringing a reccord of the sajd order or chojce, signed by the hand of the recorder of the toune, though there be no scale, as in other letters of atturney. This qusestion is resolued by the Court on the affirmative. THE MASSACHUSETTS BAY IN NEW ENGLAND. 213 Whereas complaints are made to this Court that seuerall foot companjes are 167 9. discouraged & weakned by frequent lysting their best souldjers into troopes, " ' ' whereby the infantry (reputed the cheife strength of the mihtia in any order reguiat- country) are like to be very feeble, and this erro' arises from the misconstruing ™s the lysting . . . , . . °f troop's. of a law directing the Ijsting of troopers, which saith that no person shall lyst vnless he pay for one hundred pounds estate in a single country rate, & otheruise well quallified ; but the practise is different from the law (as is con- ceived) for constables giving cirtifficates that such a person payes in a single country rate eight shillings & fower pence, including therein heads of persons : vpon this cirtifficate the captaine of the troope lysts the person certified, & so it is apphended the law is not attended ; for g>vention whereof it is ordered, that no constable shall giue cirtifficat to any person desiring to list a trooper vnless the sajd person pay, bona fide, in a single country rate, for one hundred pounds estate, w*^out respect to poll money ; and also, no such foote souldier shall lyst in any troope vnless he haue a cirtifficate from the majo'^ of the regi- ment, vnder his hand, that he is a fitt person, & hath obteyned the consent of the comission officers of the foote company wherevnto he belongs, or the major part of them. *rorasmuch as it hath too often hapned, that, through differences arising [*206.] in seuerall tounes on other pretences, there hath been attempts by some per- ■"^"'^ ^^ *° ^ I ./ X- errectingof sons to errect new meeting houses, although on pretence of the publick wor- new meeting ship of God on the Lords dayes, yet thereby laying a foundation (if not for consent of free- schisme and seduction to erro' & hseresies) for perpetuating divissions & ™^^ °^J° ^ *- ^ *-" toune. County weakning such places where they dwell in the comfortable support of the Court, or Gen» Court, &c. ministry orderly settled amongst them, for prevention whereof for the future, it is ordered by this Court and the authority thereof, that no persons whatso- euer, w*''out the consent of the freemen of the toune where they liue first orderly had & obteyned at a publick meeting assembled for that end, and licence of the County Court, or, in defect of such consent & license, by the speciall order of the Gennerall Court, shall errect or make vse of any house as aboue sajd ; and in case any person or persons shall be conuicted of trans- gressing this lawe, euery such house or houses wherein such persons shall so meet more then three times, with the land whereon such house or houses stand, and all private wayes leading thereto, shall be forfeited to the vse of the county, and disposed of by the county Tresurer by sale or demollishing, as the Court that gaue judgment in the case shall order. Order directing For the greater comfort & safety of all people who are intended to resetle ^^ j^^on^tig™^" the villages deserted in the late warr, or the planting any new plantation w*''in '"""'^s or new ^ plantations, this jurisdiction, it is ordered & enacted by this Court & the authority thereof, &c. toms 214 THE RECORDS OP THE COLONY OF that no deserted toune or new plantation shallbe inhabitted vntlU the people first make applycation vnto the Gouerno'' & council, or to the County Courts w^'in whose jurisdiction such plantation is ; and the council or County Court are heereby ordered & irapowered to appoint an able & discreet coinittee at the charge of the people intending to plant, w* comittee are ordered & im- powred to vejw & consider the place or places to be setled, and giue direc- tions and orders in writing, vnder their hands, in what forme, way, & manner such toune shallbe setled and errected, wherein they are required to haue a principall respect to neerenes & conveniency of habitation for security against ennemyes, and more comfort for Xtian comunion, and enjoyment of Gods worship, & education of children in schooles, & civility, w"' other good ends. And all such planters are heerby enjoyned to attend and put in practise such orders and directions as shallbe given by such comittee, vpon the poenalty of one hundred pounds fine to the country, to be inflicted vpon them by order of the council or County Courts, for their neglect or refusall to attend this order. [*207.] *For the bettering of the income to the country by excise & customes for I'^I.^^' """"" tlie future, — Imp' 1. It is ordered, that no licence be granted to any person to keepe ordinary, retajle wine, beere, cidar, perry, mum, ale, brandy, ruine, or any other liquo'^s, by greater or lesser quantities, w^'in doores or w*out, till bond be given to observe the lawes referring to this matter, nor renewed vntill a noate be produced, vnder the hand of the collector or coUecto'^s, that he is sattisfied his just dues. 2. That one or more meete persons be added to the coUecto" for the well mannaging that affajre, as the council shall order. 3. That the collecto'^^ be impowred to appoint meet persons to informe of all such as shall retajle wine or other liquo' w"'out license ; and the informer to haue one halfe of the poenalty for his recompence. 4. That no agreement be made w"' licensed persons w*''out the joinct concurance of both the coUecto''^ 5. That licenses be granted & renewed in the seuerall countyes only in y^'"^ spring Courts. 6. That abatement of the impost vpon rume be made of tenn shillings p hogshead, and that two pence be added by the quart vpon all strong liquor's that is retayled by less quantitjes then tenn gallons at one tjme. 7. That all goods landed, & not entred w*'' the collecto'% shallbe put into a warehouse, & secured by them vntill the owno'^s appeare & make entry thereof, & pay dutjes, according to law ; and if the master of the vessell to THE I^SSACHUSETTS BAY IN NEW ENGLAND. 215 28Ma). •whome freight is due see cause to haue a locke vpon the ■warehouse for 1679. securing the goods & freight aswell as the collecto™, he may. 8. That a convenient number of wharfes for landing of goods be allowed in all seaport tounes, and all others prohibbited, vpon a severe pcenalty, vnless licensed by the coUecto'^. 9. That the collecto''^ & all other persons imployed about the customes be vnder oath for a faithfull dischardge of their trust. 10. That all abuses & contempts offered by any person or persons to the collectors, or any imployed by them, either on board any vessells, or ashoare, shall be heard & determined by any one magistrate or comissioner, and punished by fine, stocks, imprisonment, or binding ouer to the next County Court, according to the circumstances in the case. 11. That henceforth no more then the law affoords, viz', two shillings p pound, be allowed to the collectors, M"^ John Hubbard being added to y" g>sent collectors, prouided the two persons aboue agree together to proceed ; other- wise it is left to the council to make such order & conclusion therein as they judge best conducing to the publick bennefit. This to continue for one yeare. Vpon serious consideration of psent circumstances relating to military Major gen. to ™. o, ..,,,., , send out his anaires among^ vs, & how necessary it is that the lawes in those respects be fair's as to put in due execution, it is ordered, that the maio' geniill doe, w**^ all con- "™^ f .^™°" venient speede, send out his orders to the majo's of the regiments, & by them to the comittees of militia of the seuerall tounes in this jurisdiction, that they doe forthwith inspect the same, & enquire whither there be that provission of powder & amnition for toune stocks as the law prouides, & make their returne to y'' major gennerall w*'' all expedition, that tounes defective may be pro- ceeded with according to law, & care taken for supply ; & that the comand- ers in cheife of each company be likewise ordered & quickned to their duty respecting the prouission of armes & amnition of their souldiers & inhabitants of the tounes, as the law requires. *In ans"^ to a motion made by some of the reuerend elders, that there [*208.] might be a convening of the elders & messengers of the churches in forme of Courts ans' to elders mocon a synod, for the reuisall of the platforme of discipljne agreed vpon by the for a synod. churches, 1647, and what else may appeare necessary for the preventing schishmes, hseresies, prophaness, & the establishment of the churches in one faith & order of the gospell, this Court doe approoue of the sajd motion, & order their assembling for the ends aforesajd on the second Wednesday in September next, at Boston ; and the secretary is required seasonably to give notice hereof to the seuerall churches. 216 THE EECORDS OP THE COLONY t)F 1679. It is further ordered^ that the charges of this meeting shall be borne by " "* "^ the churches respectively. Quaesti 1. What are the euills that haue provoked the Lord to bring his judgments on New England ? 2 Quffist. AVhat is to be donn that so those evills may be reformed ? Courts allow- Vpou a motion made for the allowanc of something considerable out of ance of looi' to- ^^^ country tresury towards the interment of the late honno"'ble GoQno'', Jn° wards y^ late •' •^ Gou. Lefiets Leueret, Es^, the Court judgeth it meet to allow his execcutrix, in ans'' to that motion, the some of one hundred pounds, to be pajd by the Tresurer of the country in money, as was granted in October Court following. Attested by M"^ Jos Dudley. Know all men by these presents, that we. Old Nequanit, Eobin, called Old Robin, Benjamin Wuttanamit, James, called Great James, John Nasquamit, Sarah, the widdow of Peeter Naskonit, in behalfe of hir child, Moses Dauid, next heire to my father, and to my vnckle, Josiah Harding, deceased, w"'out issue, Assoaske, the widdow of Josiah Nowel, in behalfe of my children, Sarah Conomog, sole execcutrix to my late husband, Oonomog, Elisabeth, the only daughter & heire of Solomon, deceased, James Speene, in behalfe of my wife, being all of us true proprieto'^s, possessors, & improvers of the Indian lands called Whip SufFerage, alijas Okonkonomesit, adjoyning to Marlborough, in the colony of Massachusets in New England, for diuers considerations us therevnto mooving, especially the loue & duty wee owe vnto our honored magistrate, Daniel Gookin, of Cambridge, Es^, who hath been a ruler to us aboue twenty yeares, doe hereby freely and absolutely giue, grant, & confirme vnto him, the sajd Daniel Gookin, Es^, & his heires, for euer, one parcell of land, heretofore broken vp & being planted by vs and our predecesso'^s, called by the name of Okonkonomesit Hill, scittuate, lying, & being & on the south end of our touneship and plantation neare Marlborough, conteyning about one hundred acres, more or lesse, bounded on the east, south, & west w** lands & high wayes belonging to the English of Marlborough, and on the north w"' lands belonging to our touneship or plantation, & highwayes betweene the sajd hill & our other lands, together with twenty acres of meadow land lying w'Mn our toune- [*209.] ship, tenn *acres whereof (which he shall choose) Ijeth in a meadow called Fort Meadow, and the other tenn acres in a meadow called Long Meadow, (which he shall choose,) to be measured & set out to him and his heires by an able surveyo'^. Moreouer, wee freely giue to him & his heires, for euer, free liberty of comonage for wood, timber, feeding of his catle vpon any comon lands w""- in our touneship or plantation, to haue & to hould, occupy, possesse, & enjoy THE MASSACHUSETTS BAY IN NEW ENGLAND. 217 all the fore mentioned lands, meadoues, & priuiledges, & appurtenances therevnto in any wise belonging & apperteyning, viz', all planting lands, wood lands, stones, springes, water course, aple trees, or other fruit trees thereon planted, or any other matter or thing aboue mentioned therevnto belonging, w"' free egresse & regresse to & from the same, to him, the sajd Daniel Gookin, Es^*, & his heires, foreuermore. And further, that wee haue due right & priuiledge in lawe to giue & grant the forementioned premisses, not only as it is our naturall right & possession according to Gods word and the lawes of y" land, but as it is confirmed to us by grant from the Gennerall Court of Massachusets in New England ; and wee doe hereby further war- rantize this our deede of guift to be good & valid in lawe from us, or any of our heires, execcuto'^s, or assignes, for euer, or from any person clayming any right, title, or interest from or by any other person clayming right from, by, or vnder us, or any of our heires, for euermore ; and the fore recited lands & appurtenances are to be held, injoyed, & possessed by him, the sajd Daniel GooMn, & his heires, for euer, from and after the date hereof, w'^'out any molestation, distui-bance, denjall, or ejection of us, or any of us, or any of our heires or assignes, for euermore. , In witnes of the trueth hereof wee haue hercYnto set our hands &• scales, the second day of May, 1677. BENJAMIN B WITTANAMIT, & scale, hir mrk Signed, sealed, & deliQed ELISABETH V SOLOMON, & a seale, in presence of us, ASSOASK \ , she for hir child, hir ^ John Eliot, husband consenting, & a seale, Noah Wiswall, Signum CO MARY DAUID, in behalfe Joshua qr "Woods, of hir sonne Moses, & a seale, Waban, X his marke, Signum JOHN A NASKONIT, & a seale, Piambow, V his marke, Sigum SARAH O NAASKOMIT, Joseph Wheeler. & a seale, his m'ke, NAUSQUANIT, -v & a seale. Signed OLD ^^ ROBIN, & a seale, NEMAPANET, GREAT JAMES, alias $, METANANAMIT, & a seale, JAME SPEENE, & a seale. Endors*. Benjamin Tawattanamit, Great James, aljas Wittanawanit, 12 (9,) 77, Old VOL. V. 28 218 THE RECORDS OF THE COLONY OF 1679. Robin, aljas Nemapanit, James Speene, Asoaas, Elisabet Solomon, & Sarah ' * ' Naskamit, 21 (9,) 77, Mary Dauid, & Ju" Naskonit doe freely acknouledge 28 May. ^^^ instrument to be their act & deed, they well & truely vnderstanding the contents therof. Before mee, THOMAS DANFORTH, Assistant. Entred «& recorded in the register at Cambridge, lib. 6, page 165, 6, 7, 12: 11* 1677, By THOMAS DANFORTH, R. [*210.] *The deed of guift & grant on the other side being signed, sealled, ac- Indiansdeedof knowledged, & recorded in the county of Midlesex, made from the Indians, Gookin con- late inhabitants & proprietors of the Indian plantation, called Whip Sufferage, firmed. ^y^^ Konkonomesit, neare Marlborough, in the county aforesajd, in the colony of Massachusetts, in the county aforesajd, in New England, vnto Daniel Gookin, of Cambridge, in the county aforesajd, Es^, and to his heires for euer, is confirmed by the authority of this Court, together with all the appurtenances & priuiledges therein expressed, vnto the sajd Daniel Gookin, his heires, executors, and assignes, for euer. By the Court. EDW RAWSON, Secret M' Stoughton This Court, considering the great sufferings of our messengers, by their OUT hono'ed^^ ^°^S ^^^7 ™ England, judg meet to allow them sixty pounds apeece, to be pd messengers al- them in mony by the Tresurer, tow'ds the supply of their familyes in their lowanc of 60" a peec in absence. T°"T Mr ^^ ^^^^ *'" ^^^ peticon of M" Francis Reynor, the Court judgeth it meete Reynors peti- to grant hir peticon in the seuerall parts thereof, prouided that the sale of con. lands doe not infringe the just right of any heir or other to whom they may be entayled ; and doe further order, that the select men of Doner doe take effectuall care to setle the accompts betweene the inhabitants of sajd tonne and M" Reynor, administratrix to the estate of the deceased M'' John Reynor, relating to his sallery, and the payment of such arreares as are yet vnpayd, & that this be donn at or before the last day of September next. Order for pur- The Court, being informed of a present oppertunity to furnish & supply chasing 50 or , 60 barreUs of ™^ Country stocke w'^ powder, judge it meet to order, that the Tresurer of powder. ^.j^g coimtry prouide full & meet sattisfaction for fiuety or sixty barrells of good ponder, to be presently bought by the survejo' gennerall, & preserved for the countryes vse. The comittee appointed by the honofd Gennerall Court, October 2*, 1678, THE MASSACHUSETTS BAY IN NEW ENGLAND. 219 to setle tlie bounds of a farme lying in Salem, conteyning three hundred 1679. acres, apperteyning to the Reiind M"^ James AUin, of Boston, (comonly called ' ' Bishops Farme,) meeting together at Salem the seccond time, (hauing first re- „ _. vejwed the land,) heard all controuersies concerning the same, and tried the t"™« of ^' * _ James Aliens bounds (that were shewed by both partjes) by a surveyor, for a finall conclu- farme. sion in refFerence to the setlement of the sajd bounds, they did agree as fol- loweth, viz' : that begining at a maple, old marked, in Mjery Swampe, (vpon the southwest of the land,) from thence runing to the black oake (old markt) vpon the Gouerno'^s plajne, & continuing the same Ijne vntill yow come (in a sq^uare) as farr eastward as the hemlock, by the old sawmill ; then from this corner, made as aforesajd, to the aforesajd hemlock ; then from the sajd hem- locke, the brooke in that place (according to the runn of the water in it) shallbe the bounds, vntill yow come as farr westward as the cratch in the brooke, i. e., where two brookes issue *into one, then to runne sixe poles due [*311.] north ; from thenc westward, in a direct Ijne, to take Bishops old orchard & Courts aiiow- anc thereof. house place ; from thence still westward, to a great poplar ; and what shallbe now a wanting of three hundred acres shallbe made vp at the end of this land, continuing each side so as to leaue the west end nere a scLuare ; also, they order the surveyor, Jonathan Danforth, to perfect the sajd bounds ac- cording to this order, and returne a true plat & reccord of the same to the sajd comittee. Salem, given vnder our hands, 7 10 &, 1678. EDMOND BATTER, OLLIUER PURCHIS, WILLJAM JOHNSON, JOHN WHIPLE, JOHNATHAN POOLE. This Court approves of the returne of the comittee as to this settlement, as aboue written. EDWo RAWSON, Secret. A plat of this farme, vnder Jonathan Danforths hand, y* survejor, is given in, & left on file. As attests, EDW RAWSON, Secre?. The Treasurer of the country, not being able to dischardge the country a levy of debts for wants of money in the Tresury, this Court, the better to enable him ^XsTprisM, therevnto, doth grant a country levy of fower single rates, to be payd by each &2. 220 THE KBCOKDS OF THE COLONY 01' 28 May. 1679. toune & person in corne, according to the prises set last October, and to be payd in to the Tresurer at Boston by the last of August next, provided, if any shall pay money, such toune or person shall pay but halfe-the summe, viz', only two single rates, eacch toune to pay according to the last yeares lyst deliQd to the Tresurer, and proportion'd among the inhabitants according to their present estates, by the select men, on receit of the Tresurers vrarrant. Vpon enquiry into the state & condi6on of the Castle & fortiffications in & about the tounes of Boston, the comittee finds the Castle & batterye in com- petent repajre, sau'e that something is needfuU to be donn to the platforme. The battery platforme is wholly to doe, only timber is on the place ; and fiue of the lower platformes, to say for gunns, there are twenty three mounted aboue in the Castle, & seven below in the battery ; and that there are fiue smale gunns wanting to cleare the curtains aboue. There is 570 of shott, w"' other implements. Bonder is wanting. To the garrison there are fower men, besids the captaine & gunner. The lodgings & pouder roome w'^'in the Castle want flooring ; locks, &d, wanting. Courts letter to Gent° : — Your seuerall letters to the late honnourable Governo'", (whom God hath in his holy, though very afflictive, prouidence removed from us,) and others to whom yow haue written, haue binn comunicated to vs, wherein wee were [*212.J assured, as wee alwayes *beleiued, of your most serious & intense care for the countrjes service, and the most speedy dispatch of our labouring interest vnder your mannagement, though wee cannot but deepely be sencible of the darke dispensations of God in the so many and long continued delayes and frustra- tions of our hopes of yo"" returne, yet, attributing it not to any deffect of your endeavo'^, but to our oune evill deserving in Gods sight, that such delayes may procure in us a deeper sence of our dependance vpon himself, and to cause us to put our trust in him, the issue will be happy, as sometimes to Israeli, when all other sorrowes were to humble them, and proove them, and doe them good in their latter end. "What yow intimate referring to supply of moneys, wee haue treated the Treasurer thereabouts, and he informes that the remayning two hundred pounds, for which your oune bonds were given, he supposeth will be supplied before these come to hand, he hauing taken speciall order in that case ; and what is necessary for your oune further expence, your bills, w*^ advance, shall be complyed w**" heere. Wee haue not to add to your instructions for yo"" mannagement or THE MASSACHUSETTS BAY IN NEW ENGLAND. 221 defence, not being able at such a distance, and before hand, to take such measures as may accomodate your answers to what may be demanded or vrged, only in gennerall that yow doe not further engage the country, or suifer the entanglement or gjudice to the eastern tounes by any answers made, but that the fayrest, after trjall, maybe allowed them, (if such an affliction must happen.) Wee are impatient of your returne, & help here, & labo"^ dayly w*'' God for yo'' coming to us, from whom only wee hope for such a mercy. "Wee doe not enlarge, hoping these may finde yow remooved from yo' lodgings & coming towards us, & vnderstanding your families to be in health, from whom yow will haue account of yo' particular concernes. "W"^ our kind loues to yow both, coinending yow to Gods rich preseruing grace & mercy, remajne Yo'^ very louing frinds. The Gennerall Court of y Massachusets. & signed, by their order, EDW° EAWSON, Secrei Boston, May the 18«», 1679. *Vpon the serious consideration of those sad & solemne dispensations of r*213.'| the Most High towards his poore people inhabiting this wilderness, still calling Order for a day 1 1-1T- n 1 T T- If 1 of humilliation vs vnto deepe humiiijations, & more then ordmary suppljcations before the 2^ Thursday in Lord our God, in that his anger is not turned away, but his hand is stretched ^"^y* out still ouer some of our tounes, in respect of that mortall & contagious dis- ease, wherew"" sundry places haue been sorely vissited, (albeit the Lord hath binn intreated to send forth his word, & heale in a gracious measure, which mercy wee doe desire that it may melt & humble us,) and the Lord hath of late made awfuU breaches, both vpon the cofnon wealth & vpon the churches, by taking away many shephards & principall men from us. It is also, as yet, a day of doubtfull expectation w**" us respecting matters of the greatest con- cernments ; and, aboue all, wee haue reason to put our mouths in the dust, vnder a deepe & humbling sence of our manifold sins & great vnreformedness, notw^'standing the voyce of God in the mouth of his servants, & notw*'^stand- ing judgments vpon our land, yea, & eminent deliuerances w* the Lord hath wrought for us, after wee haue cryed vnto him to arise & saue us. Being likeuise sencible that it is the day of Jacobs trouble in other parts of the world, especially that darke clouds are impending ouer the English nation, & some of the Lords servants there, who did often, by fasting & prayer, seeke vnto the Lord for us, when bleeding vnder our late distresses, doe now call vpon us to doe the like for them. Vpon these & the like considerations, this .^ Court doth appoint the second Thursday of July to be kept as a day of pub- 222 THE EECOKDS OF THE COLONY OP Aii3» to Mary Coopers peti- con, &c. [*214.] Ans' to Cap* Claps peti. as to beginnis of his mony pay. Ans' to W"" HoUowells pe- ticon, &c. Ana. to Jn« Man, W" Hoare, &c, ba- kers peti. Ans' to Benj. Briscoes peti- licke humilliation, w*'' fasting & prayer, throughout this colony, and all the inhabitants thereof are heereby required to forbeare servile labour vpon that day, & earnestly exhorted to confesse, & turne from all transgression, & to entreate the Lord for his mercjes sake in Christ Jesus, yet to oune us for his people, continuing our libertjes, civil & sacred, and, in his good time, to returne our agents, & saue his deare people in the land of our fathers sepul- chers, that it maybe sajd to this day, ' In the mount of the Lord it shall be scene,' as also to pray that the blessing of Heauen may be vpon & the Lords gracious presence w*'^ the synod that is ere long to convene in Boston, that the Lord himselfe prsesiding therein, the issue of that solemne vndertaking may be glory to his oune great name, reformation, & salvation to this his people. Li ans"^ to the petioon of Mary Cooper, in behalfe of hirselfe and Elisa- beth Cooper, execcutrixes of the last -will & testament of Josiah Cooper, late of Boston, humbly desiring the favo'' that they may be enabled to sell all or part of the sajd house & land for the payment of the legacjes & just debts, & that the remainder may be setled, on halfe on the peticoner, sajd Elisabeth, & the other halfe on yo'^ peticoner & hir child, the Court judgeth meete to grant the petioSners request, i. e., power to sell the house, or part of it, Vf*^ the lands it adjoynes, for the ends aforesajd. *In ans"" to the question proposed by Cap? Eoger Clap in his petition, & as an explanation of the order of Court made in October last as to the cap'" & his mens sallery, the Court resolues, & here declares & orders, that the Tres- urer make payment to the sajd captaine in manner & forme as in sajd order is exprest, & to begin and take place from the begining of his yeare preceding his mocon in October last. In ans' to the peticSn of W"° Holowell, Benjamin Holowell, & Edward Ashley, the Court doe judge & declare, that the peticoner s, if they haue any wrong donn them, they may proceed in a course of law for obteyning their right against the execcuto'^"- In ans' to the peticon of John Man, Tho Skinner, W™ Hoare, and George Dauson, loafe bread bakers, &6, in Boston, it is ordered, that M' Anthony Stoddard, Cap? John Richards, Cap? Thomas Brattle, & Cap? Law- rence Hamond be a coinittee to consider & make an experiment, whither the prizes of wheate & assizes of bread stated in the law be not such as the bakers may line by, and that they make a returne of their proceedings therein to the sessions of this Court in October next, the charge of the comittee to be borne by the bakers. In ans' to the peticon of Benjamin Brisco, the Court judgeth it meete to reffer the petic6ner to the County Court to abate or wholly remitt his fine, as THE MASSACHUSETTS BAY IN NEW ENGLAND. 223 they shall see cause, as also in refference to further licensing him, to act 1679. further therein as they see meet. ^" '' ' It hauing pleased the only wise God to remoove by death our late hon- ^^^^^ ^^^J^, , noured GoQno"', who, as wee are informed, was at considerable charge for pro- "ountrys seale, , skrw, & patent. curing a new seale, which is vsed w"^ a skfw, much more convenient then the xo ly w"" y« hand seale, it is therefore ordered by this Court, that the Treasurer of the P"^®^^"^' '^°'^- country doe treat w"^ & purchase of the execcutrix of sajd late Gouerno'^ the sajd seale & skrew, and deliuer the same to our present honored GoQno"^, and also receiye of the sajd execcutrix the old seale, together w"^ a duplicate of our patent lying now in her hand, w* seale, duplicate, & skfw henceforward shall remajne in the GoQno'^ hand, for time being, for the vse of the country. In ans' to the petition of James Blake, humbly craving the favour of this Ans' to James Couit, that he, hauing agreed w* the late John Holdbrooke, of Koxbury, to ex- ^ ^^^ "'°°- chainge some lands w"^ him for mutual benefit, & signed his deed, but sajd Hold- brooke dying quickly before he signed his deed to yo"^ peticoner, humbly de- sireth that EHsabeth Holdbrooke, his widdow & administratrix of y^ id Jn° Holdbrooke, may be allowed & impowred to passe deeds accordingly, the Coui-t judgeth it meet to grant this peticon. •Whereas the honoured Gennerall Court, at their sessions, October 2, [*215.J 1678, did appoint vs, whose names are vnderwritten, a coinittee in refference Courts judg- ment inter to a difference betweene "Wenham, Beuerly, & Village, relating to a diuissionall Beverly & Ijne betweene them, as to a suiteable accomodation in way of proportion be- tweene each place, & empowred fully to setle the diuicbnall Ijnes betweene them, and also finally to setle the matter in controQsy betweene Salem & Beverly relateing to an addition of land out of Salem, in obedience wherevnto wee did repajre vnto the sajd places on the eleventh of November ensuing, & vejwed the same ; and fully heard the seuerall pleas, & allegations, & eui- dences of all the partjes concerned ; and scene Salems grant of towneship & bounds to Beuerly to be from the east side of Bass Eyuer to "Wenham Ijne at a pine stump by a swamp runing out of Laurenc Leaches meadow, and so to Manchester Ijne, but doe not say to what part of the sajd Ijne, — And considering the selectmen of Salems answer to the inhabitants of "Wenhams petition for to declare their minds concerning a divissionall Ijne be- tweene Beverly & them, and the sajd selectmen expressing themselues that, considering Wenham is the auntients towne, they desixe the Ijne betweene Wenham & Beuerly may be setled in favour to Wenham, Beuerly hauing a farr more larger accomodation in proportion then Wenham, and finding that Salem & Wenham were both agreed of their Ijne from the aforesajd pine 224 THE RECOKDS OF THE COLONY OP stuilipe to a wHte oake tree, marked, & standing on Alfords Hill, nere the Great Pond, and was ouned by both partjes, & stones lajd to the sajd pine stumpe & trees, — vpon due & serious consideration of the premisses, wee haue determied for a full settlement of the sajd diuissionall Ijnes as ffolloweth : namely, that the bound Ijnes betweene Wenham & Beverly shallbe from the aforesajd pine stumpe by the swamp runing from Lawrence Leaches meadow, as the line was formerly stated & agreed on, to the marked white oake on Alfords Hill, nere the Great Pond ; and from the sajd white oake, the Ijne to rvnn streight to Manchester Ijne to the fowerth part of the sajd Ijne, from the white oake tree, marked, at the east end of the Pleasant Pond to the head of Chubbs Creeke ; allwayes prouided, that the meadowes w*in sajd line belonging to Beverly, from Longham bridge eastward shall remajne to Beuerly, and also that Wenhams sixe hundred acres of land granted to them by Salem formerly, [*216.] be made good to them. *And in reiference to the bounds Ijne betweene Wen- ham & the villag, wee haue concluded & determined that the line shall rvnn from the abouesajd pine stumpe, by the swampe runing from Lawrenc Leaches meadow, on a west Ijne, to Topsfeild Ijne. And as for the matter in controuersy betweene Salem & Beverly relating to an addition of land from Salem, wee see not reason to grant it, Beverly hauing farr more large accoinodation in way of proportion then the other places. Witnes our hands. JOHN "WAYTE, JOHN COEUIN, WILLJAM JOHNSON, JONATHAN POOLE, RICHARD HUBBARD, JOHN PUTMAN. The Court approoves of this returne : th Courts judgm* In ans"" to the peticon of Francis Quilter, widdow, & relict of Marke gj^jg Quilter, deceased, craning the Courts favour for a setlement of the estate of the deceased, the Court, hauing heard & considered of what hath binn alleadged in the case by all persons concerned, doe finde that the sajd Quilter died intestate, and that the pretended will presented to this Court ought to be accounted null & voyd, and doe therefore judge meete that the peticoner shall haue the vse of the whole estate during hir life, and afterwards the one halfe to be disposed of as shee sees good, and the other halfe to the relations of hir deceased husband, to be ordered & regulated in the dispose of the same as the County Court of Ipsuich ^hall see meete ; & hir bill of costs was granted THE MASSACHUSETTS BAY IN NEW ENGLAND. 225 lair, whicli was fowerteen pounds eighteen shillings & eleven pence, w* she 16 7 9. was ordered to pay ; & Joseph Quilter had his bill of costs of forty seven ' ^ shillings allowed him. ^® *^*y- In ans"" to the petition of the inhabitants of Chebacho, "W"" Cogswell, Courts judgm' Sen, Rob' Crosse, Sen, Willjam Story, &d, vpon a full .hearing of the Cheba- ease.'"'^^"'"' cho case, the Court judge the petitioners of Chebacho haue offended the council, in going expresly contrary to their aduise, in errecting a meeting house, which they order them iinediately to acknowledge, «& humble them- selues for ; as also wherein they haue justly offended the officers & church of Ipsuich, wee order them seriously to apply themselues to the church for reconcilliati«n, which being donn, doe grant them liberty to procure a minis- ter, to be helpfull to them in the worke of the ministry, provided he be pious, able, & orthodox, as the law directs, w"^ the aduise of the following comittee, i. e., Joseph Dudley, Es^, Majo'' Eichard Waldron, M"^ Anthony Sto'ddard, M' Henry Bartholmew, & Leif ? W"" Johnson, who are appointed to be a coinittee for that affaire, and are desired to meete on the place, at the petic6n6rs charge & request, and to heare theire allegations, & the allegations of some deputed by the toune of Ipsuich, referring to the accoinodations of others of their inhabitants, and fynally to determine the place of errecting a meeting house, *that may be most accoinodable for them, and all cases depending in Courts [*217.] referring to this matter doe cease, & the Chebacho men are to pay tenn pounds for this Courts costs. As an addition or explanation of the order to Chebacho men, it is hereby ordered, that such of them as are delinquents in errecting a meeting house there, contrary to the aduice & prohibition of the council, and are suinoned to Salem Court, to ans'^ their sajd contempt, doe there make their acknowledgm'^'* in theise words, viz', that they are convinced that they haue offended in so doing, for which they are sorry, and pray it may be forgiven them, and so to be dismissed w^'out any further trouble, charge, or attendance in that respect, or further attendance on the council for that their offence. In the case betwene John Gifford, by his peticon, plaintiff, against Courts judg- Thomas Walter, atturney of John Wright, Esqi, deffendant, heretofore tryed ^™s*case* in Ipsuic|;i Court, — This Court, hauing heard the pleas of both partjes, and finding that the rise of the action was grounded vpon the coppie of a bond, the originall whereof doth yet remajne in England, vncancelled, doe reverse the judgment of Ipsuich Court, and doe order, that the body of the sajd Gifford, & his estate, seized or secured by virtue of execution granted vpon the sajd judg- ment, be released, and by the marshall that seized the same sajd estate to be deliuered to the sajd Gifford, and the sajd Thomas Walter to pay vnto the VOL. V. 29 226 THE KECORDS OF THE COLONY OF 1679. sajd Gifford the costs of Ipsuich Court, and the sajd Gifford to pay the costs of "■^ '^ "* this Court ; fiue pounds for y^ Courts hearing the case was remitted to him. AssOTi^terfor ^^J°' I^o^ert Pyke, Majo"" Richard Waldron, M"" Richard Martyn, & Douer & Ports- Cap? Thomas Daniel are chosen by y" county, & allowed of by this Court, to mouth. be associates for the county of Dover & Portsmouth for the yeare ensuing. Person in ma- Majo'^ Richard Waldron, M'^ Richard Martyn, & Cap? Elias Styleman are authoritTin appointed & hereby invested with magistraticall power in the county of Douer Douer & Ports- ^ Portsmouth, as formerly, for y" yeare ensuing, mouth. ./.»./ cj Personalike Majo' Richard Waldron & M'' Francis Hooke are appointed by this mipowred for Q^^^f^ ^ hereby invested w"^ magistraticall authority for the county of York- shire for the yeare ensuing. Associat for M"^ Edw'^ Rishworth, Capt John Wincoll, M'^ Samuel Wheelwright, & Cap? Joshua Scottow, being nominated for associats for the county of York- shire, were allowed of by this Court for the yeare ensuing. Associats for Majo'" Robert Pyke, Capt Thomas Bradbury, M' Samuel Dalton, & Cap? Wovfolk, John Gilman were nominated to, & by this Court allowed & impowred, to be associates for the county of Norfolke for y" yeare ensuing. M'Jn'Wood- M"^ Jn° Woodbridg for Newbery, M' Samuel Dalton for Hampton, & ton, & Cap' Cap? Jn° Gilman for Exiter, their comissions for magistratticall authority is Gilman comis- Jigj-gby renewed for the yeare ensuing. r*218 1 *'^'^'^ John Woodbridge, of Newbery, & M'^ W™ Broune, of Salem, are ap- Coiiiissioners pointed & impowred assosiates for the county of Essex for the yeare ensuing. It is ordered, that the Tresurer make payment of twenty pounds to M> Solo. Stod- ^ ■' -^ -^ for Essex. M'Solo. St___ dards 20" al- Solomon Stoddard, due to him, prouided it appeare in the gennerall accounts bvr Tresurer °^ '''^^ county, & that it be then taken of the gennerall account. Leif t W" Clarke, M"^ Peeter Tilton, M"' Samuel Smith, M'' Joseph Pyn- chon, otheruise M'' John Holljocke, being nominated, are allowed & appointed associates for the county of Hampshire. Province of This Court hauing, in October sessions last, passed a vote empowring our be sold till fur- ^o^ored GoQno' & council to improove or dispose of the Province of Majne, ther orders. ]~,j gg^jg qj. otheruise, for reimbursing what money was layd out in England for purchase thereof, on further consideration, doe see cause to recall the sajd vote, & declare they judge meete to keepe the sajd prouince in the countrys hand, according to contract made by our coinissioners, vntill this Court take further order therein. Comittee for Vpon complaint & petition of some men wounded in the late warr, who releife of i • r* i * r^ wounded soul- moove for releife, this Court, in consideration thereof, doe order the persons thdr 'mating. ^°^ petitioning, & all other persons that haue like cause, to repaire to the comittee appointed by the Gennerall Court for releife of such persons ; M' THE MASSACHUSETTS BAY IN NEW ENGLAND. 227 John Richards being now added to the sajd coinittee, and that the sajd comit- 1679. tee meete from tjme to tjme on the second Twesday in September, & the ^~ "^ " second Tuesday in March in Boston tonne house. ^^' Vpon information that the battery at Charls Toune is like to be rendered Comittee aboui vseless by the adjoyning wharfes & buildings thereabouts, which will be great tottery. disseriuce to the country, it is ordered, that Majo' Gookin, M' Stoddard, Cap? to make yir Richards, & Capt Brattle be a coinittee of this Court to repaire thither, & "^^p"" *° *® '■ ■* next session. vejw the same, & call all partjes before them, & make report to the next session of this Court what they finde therein. Layd out to M"^ Roger Conant, of Beverly, aljas Basse Riuer, one parcell M'Conants of land in the wilderness, on the eastern side of Merrimack Riuer, two hun- dred acres of land, be it more or lesse, lying adjoyning to M"^ Webbs fine hundred acres, and begins at a great pine tree, marked w*"^ E, w°^ is the N.W". corner of M'^ Edw"* Tyngs farme, and from this pine it rvnns eighty three degrees and a halfe westward from the north, one hundred and thirty pole, which reacheth to Beavar Brooke ; and fro the first pine it runns eleven degrees westward from the south, two hundred and fiuety pole ; from thence it rvnns eighty fewer *degrees & a halfe westward from the south, one hun- [*219.] dred and thirty two pole ; the last line is parralel to the seccond Ijne, and closeth to Beavar Brooke ; the Ijnes are all rvnne, and seuerall trees bounded w**", & the rest well marked ; it Ijeth in the forme of a long square. Lajd out by Jonathan Danforth, survey o'^, 22 (3 &) 1674. The Court approoves of this returne. Artickles of agreement betweene Daniel Morse, Sen, Thomas Eames, Henry Sherborne & Leland, & Obadiah Morse, in the behalfe of the toune of Sherborne, on the chans of lands one party, and Waban, Pyambow, Thomas Tray, rulers, and John Awoo- seamoge. Sen, Peter Ephraim, and Daniel, on behalfe of the toune of Naticke, on the other party, had, made, concluded, & agreed vpon this sixteenth day of Aprill, 1679 : — 1. Whereas it hath pleased the Gennerall Court, by theif order bearing date May the twelfth, 1675, to give leaue to the people of Sherborne to pur- chase, by way of exchainge, from the people of Naticke a quantity of land belonging to Naticke, for the furtherance & promoting of Sherborne plantation. 2. The people of Sherborne aboue named, in behalfe of the rest, do desire about fewer thousand acres, as it is plotted, described, & bounded, on the north east w*'^ Naticke, on the south east, south west, & west w*'^ Sher- bourne, on the west & north west w"" a farme belonging to M' Danforth. 228 THE RECORDS OP THE COLONY OF 1679. 3. In compensation for the same, they agree to give, by way of ex- "^ ^<~~~^ chainge, the like quantity of land, bee it fower thousand acres, more or lesse, ''''■ Ijing and being adjoyning to Mahugkoog, Indian Hill, which land was granted vnto Sherborne by the Gennerall Court of the Massachusets. Moreouer, they doe promise and couenant to pay vnto the persons aboue named, their heires or assignes, the full and just quantity of two hundred bushells of Indian grajne, to be pajd one halfe in hand, or at demand, and the other halfe the last of March next. Moreouer, they are willing that Peeter Ephrajm doe enjoy the land he hath broken vp w*in that tract of land they are to haue of Naticke, at a place called Brush Hill, and to add therevnto more, as may make the lott twelue acres, w"' an aequall proportion of medow, to enjoy to him, the sajd Peeter Ephraim, and his heires, & assignes foreuer, but to be vnder the gouerment of the touneship of Sherborne, as the English are. 4. Also, wee agree & consent that one the lands wee are to haue of Naticke there be a lott of forty acres set out where the comissioners of the colonjes, Majo'^ Gookin, & M' EUjot, and Indian rulers, shall choose w'Mn that tract of land, to be appropriated foreuer to the vse of a ffree schoole, for teach- [*220.] ing *the English & Indian children there the English tongue & other sciences. 5. And lastly, the people of Naticke aboue named, in behalfe of the rest,* doe agree & grant vnto the sajd toune and inhabitants of Sherborne all the parcell of land aboue mentioned, w* all the woods, water courses, priui- ledges, and appurtenances thereof absolutely and freely foreuer, prouided wee are to receive the like quantity of lands, woods, water courses, priui- ledges and appurtenances thereof neere Magungecoog before mentioned, and the two hundred bushell of corne, &6, freely & absolutely to vs & our heires foreuer ; and both partjes doe promise and ingage themselues each to other to give & passe deeds of sale, fully & amply, for the premisses, in time convenient and at demand. In witnes whereof, the partjes aboue mentioned haue to this present writting and agreement set our hands the 16"^ of Aprill, 1679. DANIEL MORSE, Sigiim Signed & deliuered in THOMAS T E EAMES, presence of- ^ ^^^^^ |f3- ^eYLAND, Daniel Gookin, Sen, OBADIAH MORSE, Nathaniel Gookin, gj^.^ ^ WABAN, Sigiim O PIAMBOW, Signm \ THOMAS TRAY, DANIEL, Edw West. PETER be EPHRAJM, his m'ke. THE MASSACHUSETTS BAY IN NEW ENGLAND. 229 That this is a true copie of the originall writing in my keeping, hy con- 1679. sent of partjes, as neare as I can truely examined, being something enterljned ' "< ' & blurd, is attested by me. ^^' DANIEL GOOKIN, Sen, Assistant. May the 24% 1679. In ans-wer to a motion made in behalfe of Sherborne inhabitants, this 30. 3. 79. Covrts c{ mation. Court doe rattefy & allow of the exchainge of lands made as aboue sajd. ^""^^^ ™°^''" EDW° EAWSON, Seer. Wee, whose names are subscribed, being appointed by the Gennerall CoiSittee turne at Sher- borne. Court to consider the case referring to the petition of Sherborne, viz', about exchainge of lands w*'' the Indians, and other things conteyned in that peti- tion, in pursuite whereof, & obedience wherevnto, being desired by Sherborne the 1st of the third &, 1677, where wee expected Majo' Gookin and M' Elljot, w"* some Indians ; but wayting some time, only two Indians came, w"' a paper from M"^ Elljot, by which wee vnderstood nothing was like to be donnj but taking notice of the order referring to the perfecting the planta- tion, wee finde there is but litle or no country land neare the place where they intend to sett their meeting house ; that if any other inhabitants come amongst them, if they grant no less then ten acres before any be granted to farmes, then, considering the trouble of the farmes, and their charges, that when a gennerall divission be made, all shall haue sequall diuission as the Court order directs. Secondly, as to the farmes adjacent, wee conceive all those in Meadfeild bounds that were granted by this Covrt, and received nothing from Meadfeild, shall be accounted and liable to all charges, and take vp priuiledge *in Sherborne; those in Natick bounds, all the petitioners lands [*221.] shall be accounted inhabitants in Sherborne ; and all other farmes that are nighest Sherborne meeting house shallbe hkewise in the bounds of Sherborne, and doe duty and receive priuiledg therein ; but wee doubt whither they be like to be a toune, if some considerable tract of land be not procured from the Indians, either by exchange or purchase, or both. Your honors humble servants, 22 3,1677. DANIELL FISHER, RICHARD ELLICE, THOMAS THIRSTON. May 30, (79) The Court approoves of this returne, prouided allwayes that the tract of wast lands scittuate & lying indifferently accoinodable for 230 THE RECORDS OE THE COLONY OP 167 9. Sudbury & Marlborough, as well as Sherborne, and are now belonging to ' "^ ' Thomas Danforth, Es^, Dep' GoQ, be excepted. Courts confir- ^^ being propounded by Thomas Eames in Court, at Nonantun, 24"" mation of Tho. Janu, 1676, to haue a parcell of land now belonging to Naticke, that is encom- Eames land exchangd w" passed by the lands of M' Thomas Danforth, Goodman Death, & John Stone, on three parts, the Indians consent that in exchange of land betweene Sher- borne & Naticke, this parcell desired by Goodman Eames shallbe included in that land that Sherborne men haue in exchainge from Naticke. This is a true copie of what was recorded in the matter at that time. As attests DANIEL GOOKIN, Sen. This is a true copie compared w* its originall, presented to the Gennerall Court, May 23, 1677, & is on file. As attests EDWARD RAWSON, Secre?. Ent lib: 6, page 150, 9, (11,) 77, by TH° DANFORTH, Re. In ans'' to a motion, made by Tho Eames, this Court doth allow & con firme the exchange & grant made of the lands w*in mentioned. ED: RAWSON, Secret. Ans' to M' In answer to the petition of James Russell, John Heyman, John Phillips, peticon ab« y« ^ Samuel Ballat, in the behalfe of themselues & their copartners in the dry dry dock. docke at Charls Toune, craving the Courts favour, that whereas they haue, by incouragement from this Court, been at great charge ffor the making of a dry docke in Charls Toune, aforesajd, the Court judgeth it that the sajd dry docke shallbe rate free from all country rates for the space of thirty yeares To w' 30 next coming ; and doe further order & grant, that no other dry docke shallbe is granted & made w"Hn this jurisdiction during the terme of thirty yeares, as abouesajd, imumtyj'rom -^j g^j other person or persons whatsoeuer, prouided they keepe the sajd docke in good repajre, fitt for service during the sajd terme. [*222.] *Whereas this Court is informed that great damage hath hapned to Adition to y seuerall persons in the outskirt plantations by Indians kindling fires in the law.title Firing _ r J o Woods, &5., woods in the latter part of the yeare, whereby great quantitjes of hay stackt vp in the meadowes haue been consumed, for prevention wherof for time to come, and as an addition to the law, title Firing & Burning, page 51, in the last booke of lawes, wherein the time of kindling fires in woods & grounds lying in coinon, &6, is limitted, this Court doth order and declare, that all Indians are included in the sajd lawe, as well as THE MASSACHUSETTS BAY IN NEW ENGLAND. 231 the English. ; and it is further ordered by this Court, that all those persons that, by this Court or the council, are impowred to inspect & goueine the Indians called Freiiid Indians doe forthwith publish & declare this order to them, that they may vnderstand they not observing sajd law are liable to the poenalty thereto annext. It is ordered by this Court, that the County Court next to be held at Order for Do Dovier doe take effectuall care for the levying of the publicque rates payable & ^^^ „;^ ^^^^,^ due from the inhabitants of that Court, as well those on the Isle of Shoales as ^^ *° ''^*^^ pajd, &c. elsewhere, that so the dues belonging to those that haue donn service in the late warr, & disbursed their estates for the publicke, may be payd as in sequlty wee are bound. Whereas seuerall of the inhabitants of Marlborough haue made their Marlborough! applications & complaints to authority, earnestly entreating helpe for their setlement in their ciuil afFayres & diuissions of lands, greiuous dissentions threatning their ruine, w* to prevent it is ordered, that Thomas Danforth, Es^, Dep' GoQ, & Joseph Dudly, Esq^^ Capt Lawfnce Hamond, Cap? Daniell Fisher, & Capt Thomas Brattle shallbe & heereby are appointed a coinittee vpon the place to heare the complaints of the inhabitants of Marlborow, & finally & authoritatively to determine" & setle all matters in difference amongst them, and make report thereof to the Court, & that they also determine & order the setlement & revniting of the toune. In ans' to the peticon of the inhabitants of the Great Island, on Piscataqua Ans' to y in- . T habitants of Eiuer, humbly desiring the favor of this Court that they may be a toune qj^^^ islands amongst themselues, &d, the Court judgeth it meete that the peticSners make P^*'""- an orderly application to the toune of Portsmouth for their consent, and in case there be not a mutuall concurrance, the peticoners may make the returne thereof to the next sessions of this Court. In ans'^ to the peticon of M' George Carr, humbly desiring the favour of Ans' to M' J- 1 i_ 11 Carrs peticon. this Court to passe their order to the iresurer lor the payment ot the ballance of his accompt due to him, the Court, by their coinittee who had the exami- nation of it, finds that he hath had his due, so farr as the law for regulation of disbursments doth allow. *In ans"^ to the peticon of John Mun, of Westfeild, desiring this Court [*223.] to grant him payment here at Boston by the Tresurer of what is due to him ^^^'__ *» Muns on the last account sent in from Westfeild, being the suine of seven pounds sixe shillings, & one halfe of the sd sume to be payd him by the Tresurer in money, this Court,* vpon reasons alleadged in the petition, judge meet to allow the sajd Mun payment accordingly out of the treasury, the sume being de- faulted out of the genneraU account of that toune. 232 THE KECORDS OP THE COLONY OP 167 9. In ans"- to the petition of John Hubbard, of Hadley, the Court judgeth "" *' ' it meet to grant, & doe hereby order the Tresuer to pay the peticoner tenn Ans'to Jn» pounds, i. e., fEae pounds in money, & fEve pounds in other pay as money, ilubbn,rds peti- vpon the account of wounded men. Cap' Hobbart ^° ^^^' *° ^^^ peticon of seuerall inhabitants of Hingham, as W™ Healey, to lyst troop's T^m Woodcoke, M, the Court judgeth it meete to order Cap? Joshua Hobbart, in Hingha., _ , . ■Weymouth, Sen, of Hingham, to take a lyst of so many as are willing to list m Hingham, Weymouth, & Hull, & present the same to the next session. Ans' to Joseph In ans'^ to the petition of Joseph Kelog, the Court judgeth it meet to con."^^ '"'*'" order the Tresurer to pay ynto him tenn poimds in good pay, to be deducted out of ^ ^ Alls' to select- In ans'^ to the peticSn of the selectmen of Ipsuich, relating to Ipsuich & men of ips- j^^fewbery iraproovement of Plum Island, &d, it is ordered, that no horses nor wich for regu- j i ^ ' lation of Plum catle be put vpon id island w"'out the consent of the majo"^ part of the pro- Isknd, &c. /.-IT 1 1 1 J i- prieto's of the sajd island, according to lawe of cornfeilds, vnder the hands oi such proprietto'^s. Ans' to M' In ans' to the peticSn of ISI' Samuel Whiting, Sen, of Linne, relating to iiiTsen.peV, ^ ^'^^^ °^ S^^' °^ ^xxid. from M'^ Eichard Westland, of Boston, in England, for 600 ucr- gr'ed. £uety pounds by him, id Westland, put into the country stock, &5, the Court judgeth it meet to grant the sajd M"^ Samuell Whiting, Sen, & his heires, sixe hundred acres of land, to be lajd out in any country lands in this jurisdiction. Ans' to Maio' In ans' to the peticon of Majo' Thomas Sauage, the Court judgeth it Sauagepeti- n;,eete to grant his request, i. e., a hearing of the case mentioned in his con. Case to ° i. ? > o be heard 1st peticSn, on the first Fryday in the next sessions, at nine of the clocke in the Friday in Oc- . , . . . n ■ t t i tob' sessions, morning, he givin_g notice to all partjes concerned to attend accordingly. Ans' to The. In aiis"^ to the petion of Thomas Tare, the Court judgeth it meet to grant a hearina'hi"' ^^^ peticoner a hearing of his case at the next sessions in October, in y* first case gr'ed. -sveeke of that session, & that the peticoner give timely & legall notice to all persons concerned, & in particcular to Capt Styleman, clarke of the Court where the action was tryed. [*22-t.J *In ans' to the peticon of the troopers of the troope at Lynn, the Court, Cap' Richaxd considering of this peticon, doe appoint Cap? Richard Walker to be captaine Walker cap* to y» Lynn troop, to the troope at Linn. Ans' to Prisil- In ans' to the petition of Priscilla Leuerdeur, humbly craning the favour p'ltieon'^r 53" °^ '^^^ Court to remitt hir the remayning part of the forfeiture of hir sonns remitted hir. bond, i. e., fiuety pounds, the Court grants hir request itf the sajd petition, Ans' to Sarah ^^^ i^^ remayning forfeiture of the bond be remitted her. Hauthorns pe- tition. In ans' to the petition of Sarah Hauthorne, relict widdow to Capt W™ • THE MASSACHUSETTS BAY IN NEW ENGLAND. 233 Hauthorne, the Court judgeth it meete to grant the peticoner fiue pounds in 167 9. or as money in full for hir late husbands arrears. " •■ '' In ans"^ to the peticon of M'' W™ Perkins, Sen, the Court judgeth it , "+ jj/ meete to grant the petictiner one hundred acres of land, as an addition to what Perkins peti., ■ . . . . 100 ac. formerly was granted, where it is to be hade, prouided it be not formerly granted, nor hindring a plantation. The Court, hauing heard & considered of the case presented to this Courts judg- Court by the petition & complaint of the brethren of the church of Rouley, „f Rowiy reiat- referring to accusations against M"^ Samuell Phillips, teacher to the id church, '"S t" M' Pha- at the last Court, held at Ipsuich Aprill the first, and haue taken due notice of what hath binn lajd to his charge, as also what hath binn alleadged to cleare him from those things which he hath binn accused of, doe reuerse the judgment of Ipsuich Court against the sajd M'' Phillips in the case, and doe judge meete, that those persons who gaue in testimony against him, & were the occasion of his trouble, be admonished by our honno'^d GoQno'" for such their offences, & pay costs of Com-ts. And further, as to that case wherein the sajd M'' Phillips & the deacons M' Phillips dis- clmrECB from v® are chardged w**" wrong by M' Phillip Nelson, referring to M'^ Rogers her as- ;njmy he was tate, the Court found they were innocent in that matter, and doe order, that *<=<="^ed of by 'J ' ' M' Nelson,- &c. the paper presented to this Court as M" Rogers her last will shallbe annexed to hir will that is vpon file in Ipsuich Court, the sajd M"^ Nelson bearing his proportion in costs of Couits, and be also admonished for his vnjust charge by our honnored Gouerno^ In ans' to the peticon of the foote company at Marblehead, humbly do- Sam4l Ward siring this Courts favo' to appoint Leif t Samuell Ward to be their captaine, jjgg^^_ the Court judgeth it meet to appoint sajd Leftennt Samuel Ward to be cap- taine of sajd company, & order he haue comission accordingly. *It is ordered, that Jeremy Swajne be captaine of the foote company in [*225.] Redding, insteed of the late Captaine Jonathan Poole, deceased, & that he J^r. Swayne cap* of Red- haue his comission accordingly. ding compa. Richard Kettle is appointed ensigne to the ffoote company at Charls Sarj» Ri. Ketie Toune. The Court, being informed that John Pickering, of Salem, refuseth charis T., the place of ensigne, on a motion made, the Court appoints Nathaniel Felton ^^*- ^^i*°° to be ensigne to Cap? Coruins compay. ffoot company It is ordered, that Timothy Nash be ensigne to the ffoot company at ^jng. Hadley in Hampshire. Timo. Nash ensign to Had- ley compa. In observance of an order of the honord council, March 4"",' 167|, the M" Nowells farme lajd out, farme- of M'' Parnell Nowell & of M' Samuel Nowell, lying on the north of looo. VOL. V. 30 234 THE KECORDS OF THE COLONY OF 167 9. Douer bounds, were surveyed & well bounded as folio weth : M'^ Parnell ' ^'^ ^ NoweU Mr farme is bounded by Doner Ijne on the south fewer hundred fiuety 30 May. ^ ^.^^ ^^^^ _ ^^ Chochecho Eiuer, west, three hundred seuenty sixe pole perpendiccular ; by the wilderness, north, fower hundred fiuety & sixe pole, which Ijne rvnns north fiuety fower degrees eastward, being a parralel line to Douer Ijne ; bounded on the east by hir son, M"^ Samuel NoweU, three hun- dred seventy six pole, yv"^ dividing line from Douer bounds runns north twenty fower degrees westward. The most northerly corner is a great pine, mated yr*'^ N". The most southerly bounds is a pine neare Chochecho Eiuer, marked N. D. The west corner is a pine by the riuer side, marked N. The east corner is a great clapboard tree, marked N. D. This conteynes one thou- sand acres, all well bounded by marked trees. M' Sam. Now- Also, M' Samuel Nowell his farme, conteyning one thousand acres, is 1000 ""'^' bounded by Douer Ijne southward two miles long, the Ijne runing south fiuety fower degrees, westward by Negewonicke Eiuer, on the east halfe a mile by his mother, M™ Parnell Nowell, her farme, on the west side three hundred seventy sixe poles ; the dividing Ijne betweene them rvnns N. twenty fower degrees west, bovnded by wildernes land, northward one hundred eighty sixe pole, and by M'' Eauson his farme sixty two pole on the north east, w"'' came to the most southerly corner of M"^ Eausons farme to a blacke oake marked w*'' B., and from the blacke oake it rvnns in a direct line to Negewomick Eiuer, as aforesajd ; the most southerly corner is a great claboard tree marked S. N. ; the west corner is a great pine, marked N, which pine stands about twenty pole westward of Shohomogocks Hill ; the most northerly bounds is a red oake, marked N, which joyneth it to M"^ Eausons Ijne, on the west side of his farme ; all which was surveyed and well bounded 3 : 2 A, 1679. By us, JONOTHON DANFOETH, Surveyed JOHN EVENS. A true platforme of the same is afiixed to this schedule, & is on file. The Court approoves of this returne, as attests -n t> ci E. E., S. [*226.] *In ans'^ to the petic6ns of Jn° Blayno, & also of Ealph King, the power Ans'to Jn" of the comittee appointed by the Generall Court, October 2''-, 1678, is con- Blauy & Ralph Kings peti- tiued till the next session of this Court in October next, when the Court gXdLoTtoif ju'^S^*^^ ^^ meete to grant a hearing of this case, and all psons concerned are next. ^Q take notice thereof & attend the issue. Ans' to Men- dons peticon. In ans' to the peticon of the inhabitants of Mendon, this Court doth THE MASSACHUSETTS BAY IN NEW ENGLAND. 235 order, that the peticoners request referring to the levying of publicke charges 167 9. be in manner as they propound for three yeares next coining, and that all such ""^ < ' as clajme interest in any lands there, & doe not improoye the same, shall pay nojjjjjtgg ^-^ ^ towards all charges as though they did inhabit there, & make improovement * t^<="^ power, thereof, in due & full proportion w* those that are resident ; & for the like terme, they that doe there inhabit shall be freed for one single rate annually to the country, and all this on condition that they observe the order of such coiiilttee as this Court shall impovf^er. For the ordering the scittuation of their buildings, Joseph Dudley, Es^, Cap? Daniel Fisher, and M"^ Thomas Weld are appointed the comittee for that end, and are impowred also to take care that an able minister be setled there in convenient time. In ans' to the peticon of Nathaniel Jacob, who declaring ^ hath new Ans' to Nath. euidence, the Court refers him to a due course of law by revejw, or de novo. In ans"" to the petition of Mary "Willard, relict widdow of y^ late Symon Ans' to M'» -iTT-n i-n-^n/^ •11- 1 -^ Mary Willard VViilard, Es^, the Court judgeth it meet to grant the peticoners request, pro- peticou. vided that all the lands claymed by the sonns of the peticoner be reserved, & not disposed of. In ans' to the peticSn of Edw* Eishworth, it is ordered, that the Tresm-er Courts order as _ to Edw. Rish- of the country pay vnto the sajd Edward Eishworth the sume of twenty ^orts petition. pounds sixteen shilhngs & nine pence in money, w* is eighteene pounds fewer shillings nine pence as p execution, & two shillings for the execution, & two pounds ten shillings the marshalls fees for serving the execution at Yorke, wherein there was two journeys for the marshalls deputy, provided M'' Eishworth give his bond to the country Treasurer to repay the same soine & specie backe to the Tresurer w^'in six months ; & the sajd Eishworth shall haue an order from this Court to the Tresurer & inhabitants of Yorkshire to pay the sajd Eishworth twenty povnds sixteen shillings nine pence money. In ans"" to the petition of Edward Cowell, it is ordered, that the comittee Ans' to Edw« of militia in Boston examine his clajmes, & what they shall finde due go^_ to him to passe their cirtifficats to the Tresurer for the payment ^of who shall be ordered to pay the same, notw*''standing the accompt was not clerered in time. *In ans'' to the peticon of M''* Mary Eussell, administratrix to hir [*227.] daughter M'= Prudence Eussell, relict of y" late Capt Thomas Eussell, ^^^' *» ^" ° ... Mary Kussells the Court judgeth it meet to grant hir request, & accordingly impower peti. hir, w*'' the advice of the honored Dep' GoQno'', Tho Danforth, Escp, M' James Eussell, & M'^ Eichard Wharton, to make sale of the sd houses, & wharfes, and lands, the giving bond to respond the orphans estate according to the order of the County Court of Midlesex. 236 THE RECOKDS OF THE COLONY OF 167 9. In ans'^ to the petition of Luke Hitchcoke, the Court judgeth it meet to ' -f~~'^ grant the peticSner tenu pounds, in part to be payd forthwith by the country 30 May. Ans'toLuke Tresurer, deducting the same out of Hadley account. Hitchcocks jj^ j^jjgr (.Q (-j^g petition of Benjamin Cooly, ensigne to y'= fFoote company Ensigne of at Springfeild, humbly desiring the favour of this Court to lay doune his Spnngfeiids pi^ce, being aged & deafe, the Couit grants his request ; and when another meet person is presented they will not be wanting to approove thereof. Courts act The Court, by the returne of their coinittee, on their enquiry after the observance of the acts of trade & nauigation, doe finde, vpon comparing of sajd acts of Parljament w**^ our lawes already enacted thereabouts, that due care therein is prouided for the entry & returne of shipps according to the acts of nauigation, and to prevent defects in the due execution & observance thereof, judge it meete that it be refferred to the honno'''''^ GoQno'' & council to imploy such persons in the seiirall ports as they shall see meet, and take such order as in their wisdome they shall judge necessary, that no fraud nor lapse be comitted whereby the country* credit & peace be endaingered, making such addition or alteration of officers fees as shall by them be judged necessary. Courts act as Whereas there hath binn a cessation of regimentall traynings for fower to regimenall traygs. yeares past, in which time the regiments of Essex, Hampshire, Suffolke, & Norfolke should haue been draune forth, according to the direction of the law, hereby it comes to passe, that the regiment of Midlesex in course is to be draune forth this yeare, 1679, & Yorkeshire next yeare, which two regi- ments were the last excercised in that way, and hence it doth ffoUow that tTiese two regiments will be chardged with double traynings, & the other fower regiments aboue named but single, — the prenisses considered, together w''' the power, the Court doth order, that there be a cessation of regimentall traynings for two yeares, viz', anno 1679, and afterwards the course prescribed by law to take effect and proceed as the law directs ; and then in anno 1681, it will fall to the turne of Essex to be draune forth ; & so the rest successively ac- cording to law. Corne for coun- In ans' to a motion made by some of the inhabitants o Middlesex, it is brought into ordered by this Court, that henceforth the country Tresurer doe order those Charts Toune Qf tj^^t county to pay in their corne for country rates into some warehouse in or Cambiidg. ^ ^ ^ j Charls Toune or Cambridge, where it may „ donne with least charge to the publicke. [*228.] *In ans' to the petic8n of James Parker, in the name of the greater part Ans' to Groa- _ of the inhabitants of Groaten, it is ordered by this Court, & the authority ten petiSon. i j? i j- i • • • t. i tnereot, that tor three yeares next coming m m, all levyes made for the benentt of the said place and the maintenance of Gods ordinances there, those that I THE MASSACHUSETTS BAY IN NEW ENGLAND. 237 haue lands there, & are not resident vpon the place, shall pay rates for their 1679. lands as those doe that are resident, and the inhabitants there resident be ^ '' abated one single rate p annu to the country for the like time, prouided that the catle vpon the place be liable ta pay rates also. There hauing binn heretofore a constant allowance made to those that M' Antho. haue binn gennerall surveyors of country armes & amnition, which, since the gurve ^ors ^i-eo'- death of the late & last honnored Tresurer, hath binn wholly suspended & ompence 20" for w* is past & omitted, for the better encouragement of him that is at p^resent impowred in S" p' annu. that worke, this Court doth order, that the Tresurer of the country forthwith pay, or cause to be pajd, vnto the present surveyor the suine of twenty pounds for what is past, and from yeare to yeare to such as shallbe impowred in that worke, fine pounds p annu. In ans'' to the petition of Robert Earl, prison keeper, it is ordered, that Ans' to Rob* the County Court of Suffolke do order the repayring of the prison in Boston beep's peticon so farr as there is neede, to make it safe and secure, and that the petiooner may, for the future, haue & receive halfe his sallery in mony, & that the aug- menting of his sallery be refferred to the honnored councill to doe as they see meete ; and for the discharge of all criminall persons it is left as the law doth state it. Complaints being made, that through the misgouernment of the prison Order ab« the in this toune, & the confusion of bridewell w"^ the prison howse, the execu- ye prison, tion of justice & restraint of disorderly & rude persons is greatly obstructed, this Court doeth order, that prouission be made that they be in distinct places, at farther distance then now they be one from another, and that M' Anthony Stoddard, M'' John Richards, & M"^ John Joyliffe be a comittee to inspect the present state & condition of the sajd houses, and to consider of the best manner for the effecting what is meete to be donne therein, and to make returne to this Court ; and it is ordered, that the comittee, &d. *The securing of our originall pattent being matter of great importance, [*239.] and tl 3 former prouission in that respect made in the yeare 1664 being at an Order about y patent. end L; the decease of most of the persons betrusted in that order, this Court doth therefore order that the patent be forthw**" sent for & coinitted to our present honord Deputy Gouerno', Capt John Richards, & Capt Daniel Fisher, with Majo' Thomas Clarke, one of the last coinittee who are to take care of the same, to whose wisdome wee refferr it, to dispose of it as may best tend to prevent any inconvenience relating therevnto. It is ordered, that the honord Thomas Danforth, Es^', Dep' GoQ, & Comittee for Joseph Dudley, Es^, Cap? John Richards, Cap? Lawrence Hamond, & M'' ib, ™ ii'eage &"' Stoddard be a comittee to propose to the next sessions of this Court what i^i^istry. 238 THE KECOEDS OP THE COLONY OP M' Dudley to keep Douer Courts, &c. Comittee about the loadstone. Tenn pounds p'l for hearing y« case of Sam. Dauis & M" Winsley. [*230.J Ans' to 'West- feild peticon. Ans' to Jn" Hawkes peti- Courts order a to Westfeild lands, &c. they judge most necessary for the advancement of learning & coUedge, and due encouragement to the minstry, that there may be a prolonging of Gods speciall favour to vs in so weighty v& necessary concernes to vs and our posterity. It is ordered, that Joseph Dudley, Es^, shall & heereby is impowred to keepe the County Courts at Douer & in Yorkshire for this yeare ensuing, w"^ the associates there chosen, & that the Tresurer of the country furnish him v?*^ tenn pounds, money ; and that the Tresurer of the country send out his warrants to reimburse him w**" the seuenteen pounds tenn shillings formerly ordered. M' Anthony Stoddard & Cap? John Richards are appointed to inquire after & secure the loadstone that belongs to the country, & that the late GoGno' had from y"* late GoQno' Bellingham, & he had from y^ widdow of the late GoQ Endecot. It was resolued, by the whole Court mett together, that M"^ John Walley & M^' Thomas Thatcher, as they were suertjes for Samuel Dauis, whose case, by peticon of M' Tho Thatcher, Sen, came to this Court, pay tenn pounds, money, for the hearing of the case. [Blank in tJie original.] *In ans' to the petition of the inhabitants of Westfeild, by John Maudes- ley & Tho Noble in their behalfe, that their toune accounts & covntry chardges lodged w"" the Tresurer may be accepted, &d, the Courts coiiiittee, discoursing w* Westfeild men & the Tresurer together, signified that the Treasurer appearing sattisfied, & hath accepted their accompts, the Court approoves of the sajd returne. In ans"^ to the petition of John Haukes, of Hadley, the Court judgeth it meet to reffer the peticoner to the councill, to doe therein as in their wis- dome they shall see most meet. Whereas the coinittee appointed by the Gennerall Court, in October, 1677, for new moddelling the dwelling of people in Hampshire, did accord- ingly order a coming nearer together in some of those tounes, & living more compact, for safety & security of the sajd people, and particcularly appoynting a tract of land for the inhabitants of Westfeild, to build on nearer together, at or by their meeting house; and some of the coinittee aforesajd hauing treated the inhabitants of Westfeild about it, who, by a gennerall vote, con- sented to the setling thereon ; and the proprietor's of that land also yeilding to breake their home lotts, & forgoe part of their right & interest in them to such other persons as should come & setle on them, they, the present proprie- tors, being allowed for the land they parted with two acres for one out of the THE MASSACHUSETTS BAY IN NEW ENGLAND. 239 30 May. tounes adjacent lands intended for home lotts, or thereabouts, which was 167 9. accordingly granted by the toune, to incourage the persons to bring in and sett their buildings on those particcular parcells or portions of lands which were sett out & measured to them, being about halfe an acre, or three quarters of an acre to a man, — now, for the full assurance of those portions of land to such persons as haue remooved, or are about remooving, & setling, building thereon, this Court doth order those persons which haue or ought to haue parted with their land, as abouesajd, hauing had or being tendered sattisfaction from the towne, as aboue, they shall give deeds, and make legall confirmations of those smale portions of land vnto those persons who, in obedience vnto authority, haue them in actuall possession or in grant in order therevnto. It is ordered, that the ballance of Hatefeild accounts for the dieting of the sixe garrison souldjers, brought in, & signed by the militia there, Daniel Warner, John Allis, Daniel "White, amounting to forty nine pounds sixteene shillings & three pence, be payd by the Treasure of the country. *Att a Gennerall Court, held at Boston, 15"' of October, 1679. [*231.] 15 October. Present, Symon Bradstreet, Es^, Goil. Thomas Danforth, Es^i, Dep' Go^. Daniel Gookin, Daniel Dennison, W™ Hathorne, John Pynchon, Edward Tyng, Joseph Dudley, Nath Saltonstall, Humphry Dauy, Es^s. FOE prevention of the profanation of the Saboath, & disorders on Satur- day night, by horses & carts passing late out of y'' toune of Boston, it is ordered & enacted by this Court, that there be a ward, from sun set, on Saturday night, vntill nine of the clocke or after, consisting of one of the select men or constables of Boston, w"' two or more meete persons, who shall walke betweene the fortifiication & the tounes end, and vpon no pretence whatsoeuer suffer any cart to passe out of the toune after sun sett, nor any ffooteman or horseman, w*''out such good account of the necessity of his 240 THE KECORDS OF THE COLONY OF • 15 October. 167 9. buisnes, as may be to their sattisfaction ; and all persons attempting to ride or drive out of toune after sun sett, w*out such reasonable sattisfaction given, shall be ap^hended, & brought before authority, to be proceeded against as Saboath breakers ; and all other tounes are impowred to doe the like, as need shallbe. Order to build This Court, hauing a sence of the great ruines in Boston by fire, and rtone'"''^ "' hazard still of the same, by reason of the joyning & neereness of their build- ings, for prevention of damage & losse thereby for future, doe order & enact, that henceforth no dwelHng house in Boston shallbe errected & sett vp except of stone or bricke, & couered with slate or tyle, on penalty of forfeiting double the value of such buildings, vnless by allowance & liberty obteyned otheruise from the magistrates, coinissioners, & selectmen of Boston, or majo' parte of them. And, further, the selectmen of Boston are hereby impowred to heare and determine all controuersies about proprietjes and rights of any person to build on the land wherein now lately the housing haue been burjit doune, allowing liberty of appeals for any person greived to the County Court. [*232.] *Boston, 1679. It is ordered by this Court & the authority thereof, that henceforth the selectmen of each toune take care that tything men be aiiually chosen in their seuerall precincts of their most prudent & discreet inhabitants, & sworne to the faithfull dischardge of their trust (where no magistrate or coinissioners are) before the sajd selectmen of the place. And the sajd tything men are re- quired diligently to inspect all houses, licensed or vnlicensed, where they shall haue notice or haue ground to suspect that any person or persons doe spend their tjme or estates, by night or by day, in tipling, gaming, or other- uise vnprofEtably, or doe sell by retayle, w*''in doores or w"'out, strong drincke, wine, ale, cidar, rumn, brandey, perry, matheglin, & w*^out license ; and into such houses where such disorders shall by them be found they may & are hereby required & impowred to enter into and make search in their cel- lars or any other places w'Mn or about the same where they may suspect or haue notice that wines, strong beere, ale, cidar, perry, matheglin, rumme, brandy, &&, are lodged ; and in case they shall finde any quantitjes of either, whereof the ouno's doe not give sajd tything men a sattisfactory account of their hauing the same, any three of them agreeing, they shall, by warrant from any magistrate or comissioner invested with magistratticall power, or where no magistrate is w*^m fine miles of the place, they shall, w^out war- rant, requiring the ayde of the constable, seize, carry away, & secure all such 15 October THE MASSACHUSETTS BAY IN NEW ENGLAND. 24] wines, strong beere, ale, cider, perry, matheglin, rumn, brandy, &d, and pre- 167 9. sent an account thereof, w'*' the names of the persons from whom they tooke it, to the next magistrate or the coiiiissioner of the toune, where any be that are invested w''' magistratticall power, who may & are heereby impowred to pro- ceede against sajd delinquent partjes, & dispose of sajd wines, strong beere, &d, as to them shall seem meet ; and if for value more then tenn pounds, they are then to bynd the id partjes ouer to the County Court, to be there pro- ceeded against as the law directs ; in all which cases full recompence shall be made to the tything men & other officers for all their care, trouble, & expences in seazing & securing sajd goods ; & the remainder of the goods seized, or value thereof, where the magistrate. County Court, or Coinission''s Court, that haue the orderly cognizance thereof, shall not see reason to returne the same to the partjes from whom it was taken, the same shall be put into the county treasury. ^ *Also, the tythingmen are required diligently to inspect the manners of [*233.] all disorderly persons, & whereby more private admonitions they will not be Tythmgmens reclaymed, they are, from tjme to tjme, to present their names to the next magistrate or coiiiissioner invested w'*" magistratticall power, who shall proceed against them as the law directs ; as also they are, in like manner, to present the names of aU single persons that line from vnder family goverment, stub- borne and disorderly children & servants, night walkers, typlers, Saboath breakers, by night or by day, & such as absent themselues from the publicke worship of God on the Lords dayes, or whateuer the course or practise of any person or persons w)iatsoeuer tending to debauchery, irreligion, prophaness, & atheisme among us, wherein by omission of family gouernment, nurture, & religious dutjes, & instrucSon of children & servants, or idlenes, profligat, vn- civill, or rude practises of any sort ; the names of all which persons, w*'^ the fact whereof they are accused, & wittnesses thereof, they shall present to the next magistrate or coiiiissioner, where any are in the sajd toune invested w**" magistratticall power, who shall proceed against and punish all such misde- meano'^s by fine, imprisonment, or binding ouer to the County Court, as the law directs. Whereas yow, A B, are chosen a tythingman w*''in the toune of D for Tything mens one yeare, & vntill others be chosen & sworne in your roome & stead, yow doe here sweare by the living God that yow will diligently endeavour, and to the vtmost of yo' ability performe and intend, the duty of yo' place accord- ing to the particculars specified in the lawes peculiar to yo"^ office. So help yow God, VOL. V. 31 15 October. No debt made 242 THE EECORDS OE THE COLONY OF 1679. It is heereby ordered, that henceforth no ordinary keeper shall haue any action or recover any debt that shall heereafter be made by any inhabitant for any sort of drincke or liquo"^ sold to such inhabitants, and that the sajd ordi- by ordinary nary keeper, besides the loosing of his debt, shall, vpon convicoon before any keep's allow- , . j,^., _«„ ,., able to be p*. magistrate or persons authorized m such case, forfeitt the sume of fine shil- lings in mony to the county where the fact is comitted for euery such ofFenc or act. Order to pre- This Court, being informed that many persons doe not appeare and attend escape of duty, military excercises in the places to which they did of long time belong, & being called vpon for their deffects, give answer that they are remooved, when indeed, being young men & vnwilling to be confined to any certeine place, they moove backward & forward, & so performe duty at no place, doth heerby order & enact, that when any person is entred & belongs to the military com- pany in one toune, he shall not be at liberty or escape duty in sajd place till he bring a cirtifRcate from the cheife officer of the place to which he remooues to the cheife officer of the place from whence he remooved that he is entred in [*234.] their list, and taken notice of as one of their oune men, so that *he may be in a way of duty, and vntill that time the remoover to be liable to duty in his first place, & to sattisfy, by distresse or suite, the demands of the comander or clarke according to proportion of former lawes. Order declar- "Whereas there is no declaration made by this Court what shall be taken ato" 'bv'da ^°^ ^^ alarum in the day time, and by reason of the variety of occasions the sig- nalls prescribed for a night alarum would be full of vncerteintyes in the day, es- pecially to neighbour tounes, it is ordered, that, besides the abouesajd signes, or some of them, given in the place where the alarvm is first taken or made, there shall be messenger or messengers sent to the neighbour tounes by the comittee of militia, or some of them, & directed to y" comittee of militia, or some of them, whence assistance is desired. Crying 'Arme, arme,! &6, shallbe an alarum to all such places, and therevpon all the souldiers of that toune shallbe bovnd iinediately to repaire to their colours, and then attend further orders, sent by writing or by word, by a sjifficient messenger ; and all this vnder the pcenalty of fiue pounds a man for euery deifect. Order for col- It is ordered by this Court & authoritje thereof, that all shipps, & other qu'ir7l2°p"" ^essells aboue twelue tunns, that trade w^in our ports, (except the con- tunn for all federates of this colony,) belonging to other places, or that the greater part vesseUs aboue ax 12 tunns to- of the ouno^'s thereof are not inhabitants of this jurisdicc6n, shall pay one shil- tions."' ""' ^^'^S in money for euery tun of burden they are off euery voyage they make hither, towards prouissions for publicke ffortiffications, w"'' is to be pajd to M'^ Paul Dudley for y^ ports of Boston & Charls Toune, M' Hilljard Veren, 15 October. THE MASSACHUSETTS BAY IN NEW ENGLAND. 243 Sen, for Salem & Marblehead, & M' Ricbd Martyn for Piscatqua, or to whom 1679. they shall depute vnder their hands ; and in case the ship master or coinanders of any such ships or vessells shall refuse, vpon demand, to pay the same, it shallbe lawfuU for the sajd gen'°, or any of them, to send forth their warrants to any marshall or constable to dlstreine for the same, w*** the charge thereof, vpon the goods of such master or coinanders, or any one of the appurtenances of their vessells ; and the gentlemen aboue appointed shallbe accountable to , the Gennerall Court when called therevnto for what they shall receive by virtue of this order, and are to deliuer the money they haue in their hands, once euery yeare, or oftener, vnto the survejo' geniill, excepting one shilling out of euery twenty shillings they shall receive, which shall be allowed them for defraying their necessary charges thereabouts. *It is ordered by this Court & the authority thereof, that the law w"' [*235.] respect to ministers readino; the lawes respecting the Saboath once in the ^^^'^'^ ^^ '° ^^^ ^ ° r B ^ ^ reading &pub- yeare, publickly, vpon the Lords day, be henceforth repealled ; and it is further Uehing yi> laws ordered, that the constable or toune clarke of each toune performe the same yearly. vpon some publicke meeting of the inhabitants. Vpon complaint from seuerall coinanders of the trajne bands that their Law ab« chojca drumers refuse to attend their duty, and will lay doime their places vnless hired, & that too at vnreasonable rates, this Court doth therefore order, & be it hereby ordered and enacted, that any drviner now in place or belonging to any of the companyes in this jurisdiction that shall desert the sajd service, or lay doune his place during his abode in the toune, vnless regularly dismissed p the cheife officer or officers of the company, or in case of just complaint by the County Court, shall forfeit forty shillings in mony, to be levyed by the clerke, by warrant from the cheife officer of sajd company ; and for future it shall be in the power of the coinission officers of each company to nominate & choose out of their oune company any meete person or persons to serue as a druiner, and if any shall refuse to accept the place & attend the service, or desert the service, vnless regularly dismissed as aboue, he shall pay forty shil- lings in money to the vse of the company, to be levyed as aboue ; and all drumers so chosen & serving shall be allowed ten shillings p annu, in case the company finde & majntejne the druin, or twenty shillings p annii, if he majn- tejne the drume, w* shall be deliuered to him in good repajre. All persons chosen druriiers agreived haue liberty to make their complaint to y° County Court for releife. Whither, when a case is comitted to a jury, they ought not to bring in Resolution of their verdict vpon the merrit of the case, w^out euading the issue vpon any '^ '^^'^^ ' 244 THE RECORDS OF THE COLONY OF LaTv a** weights & measures. [*236.] Kesult of y synod to be printed. Comittee to re- vise y lawes. CofiUttee to take y Tres's accounts. The Tresurers abstract of his accounts brought into y« Court was d*^ to y" comittee p' E. R., S. circumstance in way of barr, or non suite pleaded^ if it be not allowed by the judges of the Court att the time. . The Court resolues this question on the affirmative. As an adition to the law, title Weights & Measures, this Court doeth order, that the country Treasurer doe prouide, vpon the country chardge, these further brass weights ffoUowing, viz*, one seven pound weight, one fowerteene pound weight, one twenty eight pounds, & one fiuety sixe pounds, which shallbe after sixteene ounzes to the pound, w* fitt scales & Steele beame, to weigh and try w^'all ; and the constables of euery toune w'Mn this juris- diction, where such weights are frequently vsed, shall, w*in sixe months after publication hereof, prouide, vpon the tounes charge, all such weights, at least *least of lead, to be trjed & sized by the country standards, & sealed, kept, & vsed in the seuerall tounes as standards, & improoved by y"^ select men & constables as the law directs for smaller weights. This Court, hauing pervsed the result of the late synod of Septem^, 1679, doe judge it meete to coinend the same to the serious consideration of all the churches and people in this jurisdiction, hereby enjoyning and requir- ing all persons in their seuerall capacitjes concerned to a carefuU and diligent reformation of all those provoking evills mentioned therein, according to the true intent thereof, that so the anger and displeasure of God, which hath binn many wayes manifested, maybe averted from this poore people, and his favour and blessing obteyned, as in former tjmes ; and for this end hath ordered the same to be prlhted. Vpon pervsall of the result of the late synod, wherein they seeme to intimate, at least, as if there were some doubt concerning some of our lawes, whither they were sufficiently warranted by the word of God, and other lawes not so well worded as may be effectuall to the end intended, or honno"^^'^ to this Court, as also some may be wanting to the ends therein conteyned, it is therefore ordered, that the honored Thomas Danforth, Esq^, Dep' GoQ, Joseph Dudley, Esq>, Cap^ John Eichards, M' Anthony Stoddard, & Cap? Daniel Fisher be a comittee to consider our lawes already made, that may neede emendation, or may not so clearly be" warranted from the word of God, and to draw vp such lawes & orders as, being presented by them at the next Court of Election, may then be considered, and, vpon mature deliberation, be confirmed, which this present Court cannot haue time to doe. Humphry Davy, Esq>, M"' Anthony Stoddard, Cap? John Eichards, Cap? Daniel Fisher, and M"" James Eussell are appointed a coriiittee to examine the Tresurers accounts forthwith, and, if possible, to make returne of what they finde to this present session, or, if otherwise, to the next Court of Election. THE MASSACHUSETTS BAY IN NEW ENGLAND. £45 It is ordered, that there be one single country rate this yeare, payd in 16 7 9. corne, at price as last yeare, & one halfe rate more in money. " '^ ' The Court, hauing read the returne from Portsmouth & Great Island, & . . , ' o 'A single rate Cap? Daniels answer to the Islanders, doe heereby approove & allow the ™' ''o™ * half 1 . . ''^'^ ™ mony same, & that the agreement being fulfilled, the inhabitants of Great Island this yeare. shallbe at liberty to provide for themselues & transact publicke affayres of ^" '"''' "" ^^''• •^ -^ _ -^ •' Great Islands that place as haue respect to the ministry amongst themselues. liberty to haue *In answer to the petition of*Ilowley, refferring to a council for setle- tijg^e ment of their differences, this Court doth order, that the churches of Ipsuich, [*237.] Newbery, Hampton, Hauerill, who were formerly, by their elders & messen- A counciu of church^ to be gers, vpon the place, together w"^ the messengers of the three churches of at Rowley 19 Boston, the church of Salem, Beuerly, & Portsmouth, be written vnto by the ''' secretary, in the name of this Court, to assemble at Rouley on the seccond Wednesday in November, to giue their solemne advice & issue to the sajd diiferences, as God shall direct, and make returne to the next Gennerall Court. In answer to the petition of M'^ Margaret Thatcher, relict of y" late Ans' to m» ReQend M' Thomas Thatcher, it appearing that the sajd M'^ Margaret Thatchers peti- Thatcher, by paying a valuable summe to the heires of the late M"^ Thomas *^°"- Thatcher, hath purchased to hirself the whole remayning right to his estate, which she feares may be deteyned or hiden by the sajd heires, or their order, the Court judgeth it meete to referr it to the next County Court for Suffolke to heare hir complaints, and to examine all partjes that may be concerned therein, by interrogatorjes or otheruise, that no part of the peticoners due right be w"'held from hir. The council, for sundry weighty reasons, hauing ordered the County Hampton Court in course at Hampton to be held this next session at Salisbury, this ^^ g^j^ , "' Court, hauing binn enformed thereof, doe judge sajd act to be legall, and all parties concernd are accordingly enjoyned to attend the same. In answ'' to the petition of Mary Salter, widdow, the Court judgeth it Ans' to Mary meet to refeer hir case to the County Court of Suifolke to remitt the fine, or so much thereof as they judg fitt. The Covnty Court for Sufiblke is adjourned to the first Tuesday in County Court of Suffolke ad- November next. jour"'. In the case betweene Thomas Tare, plaintiiF, & Isaac Waldron, de- Tare ag' Wai- ffendant, this Court sees cause to confirme the judgment of the County Court at Portsmouth, that the sajd Isaac Waldron pay to the sajd Thomas Tare seventeene povnds tenil shilling, in mony, damage, as also that the sajd Waldron pay more to the sajd Tare, fouer pounds, in mony, for his 246 THE KECOKDS OP THE COLONY OP 1679. 15 October. [*238.J Courts .judg- ment inter Ma- jor The. Sau- age & Samuel Apleton, Jun. Marshall & Pepins case. Courts judg- ment inter Ong & Fuller. Lieut. Gov, Courts judgm* as to M' Sy- monds estate & administra- tion. vnjust imprisonment, & costs of Court, i. e., nineteene pounds ; In all forty pounds. *This Court, hauing heard & considered the case betweene Majo"^ Thomas Sauage, of Boston, plaintiffe, & Samuel Apleton, Jun, defFendant, doe judge that Samuel Apleton shall haue & remajne in possession of three quarters of the land & iron works in controuersie, vnless it shall appeare that his propor- tion is more then his part according to purchase, then Majo' Sauage to be allowed accordingly, prouided the sajd land so possest by Samuel Apleton shall stand obleidged to respond what Majo'' Sauage may suffer from Bex & Com- pany, as assignee, proportionably to the whole possessed by Majo' Sauage & Apleton, & y* y" tenn povnds for hearing the case be sequally pajd betweene them. On a full hearing of the case brought to this Court, by petition, from Benjamin Marshall, plaintiff, against Samuel Pepin, deffendant, this Court judgeth for the plaintiffe sixe pounds dainage, money, and costs of all Courts, twenty three pounds 2^, in all twenty nine pounds two shillings, in money ; and doe order, that henceforth the sajd Pepin shall and hereby is restreyned from cutting any timber vpon the farme but what is necessary for vse vpon the same. In the case betweene Jacob Ong & Jn° Paller, this Court doth order and decree, that the sajd Jacob Ong shall haue & enjoy the lands in controflsy to him & his heires for euer, vnless the sajd Fuller doe, w^'in two moneths, pay vnto sajd Jacob Ong, or his order, sixty pounds, forty pounds whereof to be in currant money of New England, & twenty pounds in corns & catle, at indifferent prizes, to be valued by indifferent men, & y° deffend* to pay y^ costs, i. e., eleven pounds twelue shillings & sixe pence. This Court, hauing heard the pleas & allegations of M'' Epps & M' Har- lakenden Symonds on the one part, & M"^ Jonathan Wade on the other part, refferring to the setlement of the estate of M"^ Samuel Symonds, late Dep*^ GoQno'^, doe order & determine, that M'' Epps, M' Harlaken den Symonds, & M' Richard Martjn be administrators to the estate of the sajd M"^ Samuel Symonds, and that they pay and sattisfy all legatjes & bequests in the sajd will, accord- ing to the true meaning & intent thereof, referring to the widdow & other legatees, & that the farme Argilla & the remayning part of the sajd estate shall be diuided amongst the children of the sajd M'^ Samuel Symonds, viz', to M' Herlakenden Symonds a double portion, to M'^ Epps, M"^ Martyn, M" Emerson, M'^ Baker, & the widdow of W" Symonds, for hir children, a single share ; and because M'' W'^ Symonds, or his adfnistrators, may haue payd some of the bequests of the sajd will, it is therefore ordered, that the THE MASSACHUSETTS BAY IN NEW ENGLAND. 247 sajd admistrators hereby constituted, i.e., M'^ Epps, M-^ Herlakenden Sy- 167 9. monds, & M"^ Eichard Martyn, shall repay & sattisfy out of the sajd estate so "'^ ' much as hath beene disbursed by the said M'^ W"" Symonds for M"^ Wade, for ,„„ ,! T' J J J 1 loii pa by M' any disbursments by them, or either of them, made, for the defraying of the ^pp** for hear- seuerall expenses, payment of debts, legaties, or other disbursments made for the fullfilling of the aboue sajd will of the late Dap* Goiino' ; & this order to be a fynall issue of this controQsy. *In ans' to the petition of Cleoment Grosse, the Court grants his re- [*239.] quests — liberty to sell his oune lands. -A^fs' to Clem' Grosse peti- In the case betweene M' Ealfe King, in the behalfe of the children of con. his sister, Hanna Blayno, & John Blayno, concerning a farme giuen to Hannah, '^"""''^ J"''s- ° ment inter his wife, & her heires, this Court doe determine, that the sajd John Blayno King & Biay- haue the vse and occupation of the sajd farme during his life, prouided the .u 1 ^ j , sajd Blayno shall make no strip & wast, but shall keepe vp the buildings & hearing y case, . & was by fences in good repayre, and shall make no other vse of the wood or tjmber Ralph King. grouing vpon the sajd farme, saue only for the necessary vses of the sajd farme for building, fencing, or firewood, but shall not carry of the sajd farme any of the wood or timber growing thereon ; and it is farther ordered, that M' Ralph King to be insteed of ouerseer, and is heereby impowred in behalfe of the children of the sajd Blayno, to sue by a writt of wast any stroy or wast that shall be made in any respect vpon the sajd farme. Ypon the motion & request of sundry of the inhabitants of Salem Vil- Courts judgm' lage, called the farmers of Salem, touching the continuance and maintenance gaiem vii- of their ©sent minister. Whereas the inhabitants of this place being there- I'^s^''^ '^''< ^°< ^ i- D M' Bayly. vnto authorized by this Court, with the consent of the church and toune of Salem, to call a minister to preach the word of God to them ; and forasmuch as they haue called M"^ Bayly to be their preacher, who hath for about six yeares beene among them, & hath the testimony of the church of Salem, & seuerall others, testified, vnder their hands, that he is orthodox, & competently able, & of a blameless & selfe denying conversation ; and it also appeares, vnder the hands of about thirty householders of that place, who are the greatest number of the inhabitants, that they are very desirous of his contin- uance and setlement among tbem as their minister, & that a comfortable main- tenance be allowed him for the support of himselfe, wife, & children, that so he may the better' attend his ministry w*''out distraction. In answer to this motion this Court doe order, that M"^ Bayly be continued & setled the minister of that place, and that he be allowed sixty pounds p annii for his maintenance, one third part thereof in mony, the other two thirds in prouissions of all sorts, such as a family needs, at sequall prizes, & fuell for his familys occasion. 15 October. 248 THE RECOKDS OP TPIE COLONY OP 167 9. this suine to be payd by the inhabitants of that place; and thp sajd inhabitants are to choose three or flue men among themselues to proportion euery mans share according to equity ; and if they cannot agree to choose men to make the sajd rate, then the Court doe heereby appoint M"^ Batter, Cap! John Coruin, and Capt Price, of Salem, to make the sajd rate vpon the sajd inhab- itants in the most sequall Avay : and if any person shall neglect or refuse to pay their proportion according to the rate determined, the constable of the place, or marshall of that county, are heereby impowred to levy the same by distresse, and all the rate is to be payd in for the vse of the minister rnto two [*240.] persons chosen by the householders, *to supply the place of deacons for the time, who are to reccon w"' the people, and to deliuer the same to the sajd minister, or to his order ; and this setlement to continue vntill this Court take further order, or that there be a church of Christ orderly gathered & aprooved in that place, then the chojce of the minister and officers doth revolve vpon them according to law ; prouided this order shall continue for one yeare only from the last of September last past, and in the meane while all partjes endeavour an agreement in him or some other meete person for a minister among them ; provided also, that the id ffarmers pay five pounds for hearing the case, the whole number of villagers sequally to beare their proportion thereof. Ans' to Mary In ans"^ to the petition of Mary Lyndon, wife to Augustin Lyndon, hum- ggjj bly desiring the favour of this Court to consider her poore, desolate, and dis- tressed condition, & to set hir free from that marrjage relation in which she now stands to hir sajd husband, since he hath in so many particculars broken couenant w*'' her, & that yow will be pleased to.setle vpon her & her children the sajd two thirds parts of the sajd land, and that smale matter that now remajning in Deacon Aliens hands ; so shall she euer pray, as in duty bovnd. Mary Lindens The Court, hauing heard hir case, doe declare the petitioner, Mary Lyndon, to be freed from hir former husband, Augustin Lyndon, and at liberty to marry another man ; and doe further grant, that the land mentioned in the peticon, and the estate in Deacon Aliens hands, be deliuered to the sayd Mary for her & hir childrens vse, till the County Court shall take further order. 40' p4 for hear- Mary, late wife of Augustin Lyndon, humbly desires to acknowledge the ofto Tg ' great favour of this honnor^'^ Court that they haue binn pleased to sett hir at liberty from that marriage relation in which shee stood to*hir late husband ; and also, as she is informed, this Court haue ordered her the vse of the peece of land mentioned in the petition, and all other the goods & moneys in Deacon Aliens hands, vntill the County Court take further order. The sajd Mary, being thicke of hearing, did not rightly vnderstand D'^ Cookes information, THE MASSACHUSETTS BAY IN NEW ENGLAND. 249 intimating the remajnes of mony left in Governo'^ Leuerets hands were deliuered 16 7 9. to Deacon Allen, but now she vnderstands, i. e., that tenn pounds remaynes in " '^ Madam Leuerets hands. Now, the sajd Mary, desiring to be freed from any j. ,. f. . future trouble relateing to the sajd Lyndon, or any of his, doth humbly pray, Sandersons ad- . 1 1 • 1 dresse, &c. first, that that smale estate which she hath earned & gott together during the time of hir late husbands absence may be setled vpon hir and hir heires and assignes for euer ; secondly, that forasmuch as the sajd smale peece of land willbe of litle or no advantage w^'out it be built vpon may be hers, and the sajd mony, and all other estate in Madam Leuerets hands & Deacon Aliens hands, may be freely given to hir, the Court *grants hir requests herein, and [*24L] doe also confirme the land petitioned for to hir, the sajd Mary, the late wife of Augustin Lyndon, now Mary Sanderson, for hir life, and to hir heires for euer ; and it is ordered, tlmt the late wife of Augustin Lyndon, now diuorced by this Court, shall receive the sajd svm, being tenn pounds, in M''' Leuerets hands, and this order shallbe a sufficient warrant to M" Leueret to pay tlo same, & hir receipt shallbe a sufficient dischardge from Augustin Lyndon, or his heires, execcuto's, or assignes. In ans'' to the petition of Mary Armitage, of Boston, widdow, the Court Ans' to Mary judgeth it meete to referr this petictiner to the next County Court for Suffialke, gon. who, vpon a hearing of all partjes, may & are impowred to determine therein what they judge necessary. In ans' to the coinittee of militia in Salem, the Court judgeth it meete, Ans' to the that the coinittee of militia for Salem doe sufficiently repajre the fortiffications ^^-^ ^^ g^jj^jj^ of said toune, which being donn & approoved. of by such as this Court shall *^ *" fo»'tiffica- •' ' o ±-r J tions there appoint to vejw the same, they will then mate allowance as they shall see meete. In pursuance of our duty, according to the Gennerall Courts order bear- Battery at ing date ilay 28, 1679, hauing on the 11"' August heard the pleas of partjes concerned, and binn vpon the place to vejw it, make our report as follow- eth : P'- That the present battery at Charls Toune is out of repajer, and in- sufficient as to the matter of it, and especially it is obstructed in the vse of the gvnns for the deffence of the toune, and country, & harbour, which is occa- sioned by the building of wharfes, and houses intended vpon them, farr w*""- out the battery, vpon the flatts towards the channell. • Secondly. "Wee judge it necessary, to make the battery serviceable, that it be built out w*''out the - vtmost wharfe now standing vpon the flatts, and that the Gennerall Court will please to make an order to prohibbit any proprjeto'' on either side of the bat- tery to build wharfe or house w*out the battery, towards the channell, w*out VOL. V. 32 15 October. 250 THE KECOEDS OF THE COLONY OF 1679. leaue of the Gennerall Court. Thirdly. Wee conceive it is just and necessary for the accomodation of the battery, and that it is agreeable to justice and righteousnes, that the full breadth of the battery, as it now stands vpon the land side, bounded on the north east w"> John Tosdicke, and on the south west w*'' M'^ Ballat, -w"^ battery hath binn planted about forty yeares, bee con- tinued in streight lines from northwest to south east, w*"^ a highway of twelve fFoote wide betweene the forementioned proprieto''" and the battery, vnto the channell ; and if any proprieto'^ be intrenched vpon for the highway, the toune shall sattisfy for it. 4'^. Wee humbly propose to the honno''^''' Gen- ne'" Court, that they will please to allow to Charls Toune one single country rate of their oune toune towards the new building of the aforesajd battery, [*242.] prouided it *be donn, &S, w'^n eighteene raoneths ; otherwise this allowance to be repayd to the Tresurer. DANIEL GOOKIN, ANTHONY STODDARD, JOHN EICHAEDS, THO: BRATLE. Courts order & It is ordered, that when the worke aboue mentioned is finished, a coiiiit- aUowano of y j.^^ £j.gj^ j.^^-^ (Jq^j.). jjg appointed to veiAV the same : and on certifficate that comitteestre- '■^ *' turne. the worke is well and sufficiently donn, some part of their disbursment shall be allowed by the Tresurer, as the Court shall then order ; & that the worke be finished w'^^in twelue months ; and in all other respects the Court do ap- proove of the comittees returne ; and in meane time no abatement to be made them of their rates. Ans' to Han- In answer to the petition of M" Hannah Haugh, widdow of M"" Samuel peticon"^ ^ Haugh, it is ordered, that Joseph Dudley, Es^, Cap? John Richards, & Cap? John Hull be a comittee, & are hereby impowred to examine the account of debt & credit & the inventory of the estate, and to consider what may best, w"* least damage to the children, be taken to sattisfy the sajd Haughs debts, layd out vpon the estate, and that they treate w"" the partjes concerned therein, and make returne to the next session of the Gennerall Court. Courts sentenc Wliereas the persons hereafter named are vnder vehement suspition of Creekr& his attempting to burne the toune of Boston, & some of their endeavours pre- family relating yayled to the burning of. one house, & onely by good Prouidence prevented to y" fire, &C. _ ' from further damage, this Court doeth order, that Edward Creeke & Deborah, his wife, Hepsibah Codman, John Avis, John Earle, Samuel Dogget, Wil- Ijam Penny, Richard Heath, Symon Jarman, & James Dennis shall, w^'in twenty dayes, depart this jurisdiction of the Massachusetts colony ; and in THE MASSACHUSETTS BAY IN NEW ENGLAND. 251 case of the returne of any of the abouesajd persons w^'out license first had from 16 7 9. the Gouerno' & council, such offendo'^ shall be coinitted to close prison vntill ' "i ' they pay the sum of twenty pounds in money, & give good security to depart piouission in this jurisdiction, and not teturne againe contrary to this order ; and that who- '''''^®' soeuer shall henceforth enterteyne any of the aforesajd persons shall, for euery such enterteynement of them, or any of them, contrary to this order, pay the suiue of fiuety pounds in money, the one halfe of the fines aboue to be to the enformer ; and that all the aboue sajd persons shallbe kept in prison vntill their departure, and that a copy of this order be sent to each toune, and published by the constable at some publicke meeting ; prouided, if w'Mn the tyme pre- fixt for their departure any particular person or persons amongst them be conuict of the fact in the judgment of the council, then this order to be sus- pended till the Court take further order. *In ans'' to the petition of Beuerly, this Court doe grant them an hear- [*243.] ing of their case at the next Court of El(?«tion, on the first Mvnday of that ^^^' *» Beu'ly peticon. session, they giving notice to the toune of Wenham of this act. In ans"^ to the peticon of the troopers in Boston, hvmbly desiring the Ans' to Boston favor of this Court to remitt their fines for their not appearance in their Eon. arme at y* time of the late alarrm, the Court judgeth it meet to grant their request ; and the like remission was granted to Charls Toune, "Water Toune, Roxbury, Dorchester, & to M"^ W™ Bartholmew, & those y* petitioned w*^ him. In ans"" to the petition of Steven Butler, the Court judged it meet to Courts judg- ,. ^1- mi -i^iii- ment in But- grant a hearing oi this case on iuesday next, at eight ot the clock m y^ lerscase. morning, & that the secretary give notice to all partjes. On a full hearing of the case brought by petition from Steven Butlei', plaintiffe, against Willjam HoUowell, Benjamin Hollowel, and Edward Ash- ley, defiendts, this Court judgeth it meete to reuerse the judgment of the last Court of Assistants, and doe confirme the setlement of the County Court in Boston enstating the cleare halfe of the estate of the late Benjamin & Mary Ward, as therein is exprest, to be deliuered vnto the sajd Butler, and be to him & his heires foreuer, granting the sajd Butler his costs, & of the Court of Assistants, ten pounds. In ans' to the petition of the selectmen of Salem, the Court judgeth it Ans' to select- meete to grant their request, a hearing of their case on the first Monday of the peticon. next Court of Election after Beuerly case, then to be trjed, they giving notice Cap'Rich* 1 n -YT7- 1 Bracket ira- to the toune of Wenham. p„^,^^^ j„ In ans"^ to the motion of the inhabitants of Braintry, Capt Richard ™^'7. &«, and take oaths in Bracket is hereby appointed to joyne persons in marriage in the toune of Braintry. 252 THE RECORDS OP THE COLONY OF 167 9. Braintry, being duely published according to lawe ; as also to administer oathes ' in. ciuil cases. Ans' to EUs"^ ^^ '^"^'^ *° t^i6 petition of Elizabeth Hamond, relict of Thomas Hamond, Hamon peti- lately of Cambridge Village, humbly desiring the favor of this Court, that she con. may be enabled to passe deed, & receive deeds for exchaing of lands, &6, the Court judgeth it meet to impower the sajd Elizabeth Hamond, in hir husbands name, to passe deeds to Nathaniel Hamond to performe the exchainge men- tioned in the peticon. [There ai'e no pages *244 — *248.] [*249.J *In answei- to the petition of Thomas Fuller and Daniel Andrews, of Ans' to The. Cambridge Village, the Court judgeth it meete to declare, that the farmers of Fuller & Dan- - . iei Andrews the village, & other their inhabitants, are to attend the lawe regulating voters pe icon. ^^ ^-j^.^ ^ ^Yi QiY^Qj- cases, as other tounes are enjoyned to doe ; the seccond question is ansvrered in the former grant, to which they are refferred. Lof & ensigns "Whereas the military company in Hampton is destitute of a leiftennt, amp on. ^^^.^ Court doth Order, that Ensigne John Samborne be leiftenn*, and Sarjant Thomas Philbrick be ensigne, & that coinissions be granted to them ac- cordingly. M'Jn- Phillips M"' John Phillips, of Charls Toune, is appointed ensigne to the military Charls Toune. Company at Charls Toune, & coinission to issue forth accordingly. Brayntrys lib- In ans' to the petition of the inhabitants of Braintry, the Court allowes th'^ 'eooo' "^^ ^^^ peticSners to lay out their sixe thousand acres of land in any vacant place acres, &c. {y^ our jurisdiction. Courts confir- The act of the County Court at Salem, 27 June, 1676, being presented ma ion o a- ^^ |.j^j^ Court, determininff the setlement of the estate of the late captaine lem Courts act ' o r as to y« setie- Lathrop, this Court sees cause to allow & confirme the sajd act of the County m' of Cap' La- throps estate. Court at Salem in refference to the dispose & setlement of the estate of the late Capt Thomas Lathrop. Ans' to Edvv. In ans"^ to the humble remonstrance & peticon of Edward Rawson, the con 50" ' Court judgeth it meet to grant the peticoner fiuety pounds in or as mony, to be payd him out of the publick tresury. Prison keeper The prison keeper at Cambridg, W™ Healy, his fees & charges in John hill chardg.° Earls case, amounting to sixteene shillings & sixepence, the Court orders the Ch'dgd& d*. Tresurer of the country to pay the same. IMarlborough, October 9, (79.) Wee the coinittee of the honnored Gen" Court, in obedience to their order, bearing date May 28, 1679, hauing given oppertunity to a full hearing of the grervances that haue been the matters of debate & contention in the THE MASSACHUSETTS BAY IN NEW ENGLAND. 253 aboue named place, vpon serious & mature deliberation doe determin & order 1679. as ffolloweth : — " ^ ~^ _ ^ ^ ^ 15 October. 1. With refierence to the complaint of Edward Rice, for want of his just coffiittees re- interest in Assabath Meadow, wee finde the said Rice iustly blameable for his '"™ ^"^ '" ■' _ • Marlborotigh turbulent opposing the order made by the former coinittee ; yet, forasmuch as aproovcd of & the sajd issue was grounded vpon some misinformation given them, as to vs doth clearely appeare, and that Samuell "Ward & Abraham How are possessed of two parcels of sajd meadow belonging to the sajd Rice & others, by a former grant of the tonne, for a fynall end of sajd controuersy, w"^ the consent of partjes therein concerned, wee doe order, that the abouesajd meadow shall be diui *diuided as followeth, viz', to Abraham How fiue acres at the lower [*250.J north end thereof, and the remainder to be diuided betweene the Reuerend M' Brimsmead, the aboue named Edward Rice, & Samuel Rice, in a just pro- portion to their seuerall interests, that is, M"^ Brimsmead nine acres, Edward Rice nine and a halfe, Samuel Rice three & a halfe, and that recompence be made to the aboue named Abraham How & Samuel Ward to the fu|l value of the meadow taken away from them, by virtue of this order, from of the coinon lands of the toune, either out of the meadow not yet divided or other lands, by the select men of the place forthwith ; and in case of disagreement, either as to the place where they shall haue it, or the value of what they part with, & of what they haue in recompence thereof, the same to be determined by men indifferently chosen betweene the sajd partjes and the selectmen : our meaning heerein is, that they shall haue a full compensation for the damage to them heereby susteyned, both to the place where they haue'it, & quantity to them allowed. 2. In answer to the question proposed to us concerning the way of raising maintenance for their minister, in discourse whereof wee cannot but take notice that the allowance at present made to the Reuerend M"^ Brims- meade is much short of his deserts, and of what is needefuU for an honno'^able maintenance, and therefore doe seriously advise to an amendment of that matter ; and, for the way of raising, wee judge it best that the inhabitants there resident doe attend the same way that is vsuall in other tounes and the law directs vnto ; and for such houses and lands as haue no dwellers therein, that the owno''s thereof continue to pay all toune & church charges for sajd lands, in proportion as they haue formerly don, and was ordered in the first setlement of the place. Fynally : w"" refference to the booke of reccords of the toune, wee doe order, that the same be deliuered to the selectmen for the time being ; and the 254 THE KECORDS OP THE COLONY OF 1679. selectmen, are ordered to take care that the acts of the former comittees, ' '^ ^ together with this writting, be fairely entred into the abouesajd booke. 15 October. THOMAS DANFOETH, JOSEPH DUDLEY, THOMAS BRATTLE, LAW: HAMOND. The Court approoves & confirmes this returne of the coinittee. Ans'towiddow In ans'^ to the petition of Elisabeth Morse, widdow, & relict of John Morse^peticon Morse, late coiSissary, in behalfe of hirself & children, the Court judgeth it 200 acres. meete to grant the petioSner, in behalf of hirself & children, two hundred acres of land, where it may be found. Ans' to Nath. In ans'^ to the petition of Nathaniel Willjams, late coinissary, the Court 100 acres. ' judgeth it meete to grant him one hundred acres of land, where it is to be found. [*251.] In ans'^ to the petic5n of Isaack Waldron, the Court judgeth it meet to Ans' to Isaack gj-j^j^t j^ij^ g^ hearing of his case on the first Tuesday *of the next Court of Waldrons peti- do J tion. Election, at nine of the clocke, he giving notice from this Court to all persons concerned to attend the issue. Ans' to M' In ans' to the petition of M'' Ezekiell Cheeuers, it is ordered, that M'^ vers neticon Cheeuers haue a hearing the first Twesday at the next Court of Election, and the order passed this session of this Court concerning this buisnes be sus- pended. Courts accept- Whereas this Court, in May last, vpon the motion of seuerall ^ the anc of return . ^ . , .. . ■ ,~^ -, ^ v ab« Hingham troopers and others m Hmgham, did order, m ans'" to their peticon, that Capt teoope m case, jQgjjua Hubbard should take a lyst of such as should willingly offer themselues for troopers, both in Hingham, Weymouth, & Hull, which accordingly hath bin done, & presented to this Court, to the nouniber of forty fine, with expectation of some further addition, if this Court please to accept of what hath bin and is already donn, the Court, hauing pervsed the return, and duely considered how vsefuU it may be to the publicke, doe approove of what is donn herein, and doe order, that they shall become a troope, & haue officers appointed accordingly, prouided that none of those persons who haue Ijsted themselues in this troope shallbe dischardged from attending the ffoote service in all respects as before, & lyable to the same poenaltjes, vntill they are fully fitted & furnished in all respects w^^ armes & afiinition, according to the law respecting troopers, and make it so to appeare to the captaine of the ffoote companjes to whom they did belong. THE MASSACHUSETTS BAY IN NEW ENGLAND. 255 In ans'' to the petition of Jacob Hurd & John Cowell, administrato''s to 167 9. the estate of Benja Hurd, & Elisabeth, his wife, both deceased, the Court ' '' ' judgeth it meet to grant the peticoners request as to y° sale of the house for ^^^, ^ ' y" ends mentioned in their petioSn. Hurds petiCon, In ans' to the petition of Samuel BuUen, of Medfeild, the Court judgeth Ans'to Sam. it meet to grant the peticoners the abatem' of the three pounds of his rate jo„_ mentioned in his petiobn. In ans'^ to the peticSn of Thomas Bancroft, the Court grants his request, a Ans' to Tho. J- • • r i_ ■ • 1 Bancrofts peti. dismission irom ms ensignes place. In ans"^ to the peticon of Mary Gatliffe, alias White, the Court, hauing Ans' to Mary pvsed this peticSn, declares y' it propperly belongs to the Court of Assistants to heare & determine this case, vnto whom they judge meet to reffer it. Vpon complaint of the ouerseers of the new buildings of the colledge at Order ab« y« Cambridge that, notw^^standing all former endeavours, nothing (or litle) is donn ^ remainis^ as to the gathering in what yet is behind of seuerall subscriptions to that worke, this Court *sees cause to revive & reinforce the order of this Court, made Octo- [*252.] her sessions, 1678, to which end order the same to be printed and sent to the Order ab« sub- scriptions for seuerall tonnes ; and doe further order, that the select men of each toune care- y» colledge. fully inspect the execution thereof, and that the selectmen make returne of what is donne or further to be donne on the first Wednesday in Aprill next, in the toune house of Boston, to Capt John Richards, M"" Anthony Stoddard, & Capt Thomas Bratle, appointed by this Court a coinittee to receive the same. In ans"^ to the peticon of Jn" Francis, the Court judgeth it meet to Ans' to Jn» grant him one hundred acres of land where it is to be found free from former goj,_ grants. In ans' to the peticon of Jacob Hurd & John Cowell, administrato''s to Ans' to Jacob the estate of Benja Hurd, & Elisabeth, his relict, deceased, humbly desiring q^^^yi the favour of this Court to grant them liberty to sell the house & land of the late Benjamin Hurd, & Elisabet, his relict, for the sattisfying of their debts & engagements, & bringing vp the child, the house not being finish', & not ten- nantable, &d, the Court judgeth it meete to grant their request. [The remaiader of page *252 Is blank.] 256 THE EECOEDS OF THE COLONY OF 167 9. *Att a Gennerall Court, held at Boston, 15'" of October, 1679. 15 October, f | '^HE Court, haulng heard the pleas & allegations of M? Epps & M"' Harla- [*253.] JL kenden Symonds, on the one parte, & M"' Jonathan Wade on the other loi for hearing .j. j-eferring to the setlement of the estate of M-- Samuel Symonds, late Depty y« case, paid p' ^ ' ° •' M' Epps. Gouerno'^, doe order & determine that M' Epps, M"^ Harlaknden Symonds, & M"" Richard Martyn be administrato'^s to the estate of the sajd M"^ Samuel Symonds, and that they pay & sattisfy all legatyes & bequests in the sajd will, according to the true meaning & intent thereof, refferring to the widdow & other legatees, and that the farme Argilla, & the remayning part of the sajd estate, shall be divided amongst the children of the sajd M"^ Samuel Symonds, viz', to M'^ Harlakenden- Symonds a double portion, to M"^^ Epps, M'^ Martyn, M'' Emmerson, M'= Baker, and the widdow of M'-' W™ Symonds, for hir children, a single share ; and because M"^ Willjam Symonds, or his administrators, may haue payd some of the bequests of the sajd will, it is therefore ordered, that the sajd administra- to^'s hereby constituted, viz', M"^ Epps, M'^ Harlakenden Symonds, & il'' Rich- ard Martyn, shall repay & sattisfy out of the sajd estate so much as hath binn disbursed by the sajd M' Willjam Symonds or M' Wade, for any disbursements by them, or either of them, made for the defraying of the seuerall expences, payments of debts, legatyes, or other disbursments made for the fullfiUing of the abouesajd will of the late Gouerno'^, and this order to be a fynall issue of this controuersy. That this is a true copy, taken out of the Courts reccords. Attests EDWARD RAUSON, Secret. Vnderwritt. 7 NoTcmber. To Edward Mitchelson, Mashall Gennerall, or his deputy. In his maj'J'^^ name, yow are required hereby to levy, by way of execu- tion, in all respects as is expressed in the aboue written judgment and grant of the Gennerall Court of the estate of the late M' Samuel Symonds, Dep'y_ Gouerno'^, that yow know or finde he djed possessed of, and deliuer the same, with two shillings for this execution, to M'^ Epps, M' Harlaknden Symonds, and M' Richard Martyn, administrator's of that estate, making your returne as the law directs. Dated in Boston, the seventh of November, 1679. By the Court. EDWARD RAWSON, Secret; Vnderwritt. By. virtue hereof, I depute Robert Lord, Jun, marshall of Ipsuich, my lawfull deputy, for the execution of this warrant. The 7"^ 9, 79. Endors', EDWARD MITCHELSON, Marshall Generall. THE MASSACHUSETTS BAY IN NEW ENGLAND. 257 3 November. [*254.J *Ye I2tii of November, 1679. Then extend the w'^in execution vpon 16 79 the houses and lands, goodes and chattels, which the late Dep' GoQn'' djed possessed of, and deliuered the same vnto M'' Daniel Epps, and M' Harlaken- den Symonds, & M' Richard Martjn, his order, as much of goods and chattels as then appeared as wee could then finde. Byrne, ROBERT LORD, Marshall Deputy to Marshall Gennerall. This Courts judgment and execution vnder written therevpon, w"^ the deputation & exteution returnd y" 24"^ of December, 1679, stands thus en- tred & recorded in the Gennerall Courts booke of reccords, at the req^uest of sajd M'' Daniel Epps & M'^ Harlakenden Symonds ; as attests EDWARD RAWSON, Secret. This 10"" of November, 1679, a true account of the estate of Samuell 10 November. Symonds, late Deputy Gouerno^, deliuered vnto vs, who were appointed ad- ministrator vnto the sajd estate by a judgment of the honnored Gen Court, held at Boston IS*** October, 1679 — wee say, deliuered vpon execution given vpon the sajd judgment by M"^ Rawson, secretary, as appears vnder his hand. Imp"'. The possession of all the housing and lands that are now extant, & that the sajd Samuel Symonds djed pos- sessed of, viz', Argilla fFarme & housing, the marshes beyond Wells, his ffarme towards Castell Hill, the house at touae, & about twenty rods of ground w"^ it, prized at ten pounds ; the whole lands & housing ap- prised at 1772", Sheepe, twenty seven, prized at 12", 0012 00 00 Hey, adjudged to be fiuety loads, prized at 37" 10% .... 0037 10 00 Twelue cowes, prized at 47", 0047 00 00 Eight, two yeares old, prized at 16" 10«; sixe young catle, 1 come two yeares old, prized at 12", J Seuen oxen, prized at 37, 0037 00 00 One fower yeare old bull, prized at 3", 0003 00 00 Two hundred acres of vpland & marsh at Lampereele Riuer, prized at 130", Part of one thousand acres of land at Coxwells, by Wells, at 6", 0006 00 00 vdL. V. 33 1772 00 00 I 0130 00 00 258 THE RECOEDS OP THE COLONY OF 10 November. 1679. -^ clocke at 5", a paire of and irons 1", One horse at 3" 10^ a coult at 1" — 4" 10^ Fiue leather chaires at 1", 3 red curtaines and vaUiants at 1" 5, Green curtains & valliants, prized at 3*^, a suite of damaske, prized at 4", 3 Turky worke cushins at 12% a plajne cubboard, 3 old stooles, & a cubbord cloth at 10^, A couch chajre at 15% a great chest at 15% a chaire w"* armes at 3% A cabbinet & two old hats at 1" 5% Bookes prized at 5", in clothes of Samuel Symonds, Dep' Gou''^ at 15" 6, The bedsteds and bedding, couerlids, ruggs, blankets, & 1 sheet, at 11" 6% J Sheeps woole, 45", at 1' 6 p ", 3" 7 6, a musket 28% a sword & belt at 15% An old sow & 8 hoggs, that were called Spring Shotts, prized at 12", A great copper, prized at 8", a p"" of stilljards & poys at 1", 30" of peuter at 16* p ", 5" at 1= p ", 12" & i more at 1= 4, Bartholmew Gidney, Tho Sauage, Es^, W™ Broune, Es^, & Majo'^ Gennerall. & Comission"^ for y" colonjes. & Cofiiissio'' for y" colonjes. were chosen Assistants, & tooke their oath, & oath of allegianc. & Tresurer, & tooke his oath, 12 June, 80. tooke his oath 26 May. Edward Rawson was chosen Secretary. The Court adjourned to y« morning 20 May, 1680. The names of the seuerall gent" returnd from y* tounes to serve at this Court were, — Salem : Cap? W-" Broune, M"^ Jn" Putnam. Charls : M' Joseph Lynde, M' Jn° Cutler. Dorch : M"' "Willjam Sumner. Boston : M' Antho Stoddard, Cap? Elisha Hutchinson. Roxfe : M' Edw"! Morice, M' Joseph Griggs. VOL. V. 34 266 THE RECORDS OF THE COLONY OF 1680. Water ^ : M' Symon Stone. "" '^~'^ Cambr : M' Edw* Oakes, M' Joseph Cooke. ^^' Lyn : M"" Andrew Mansfeild. Ipsuich : Majo'^ Saifi Apleton, M"^ W-" Goodhue. Newbe : M' Nicholas Noyce. Weym : Capt Jn° Holbrooke. Hingh : M' Daniel Cushin. Conco : Cap? Tho Bratle, Leif ? Jn" Flynt, 1 s. Dedh : Capt Dani Fisher. Bran? : Capt Rich Bracket. Eouley : M"^ Jn° Peirson. Haueril : Leif ? Georg Broune, 1 i. Woobo : Left W™ Johnson, Ensign ^ Convera Andi? : Capt Dudley Bradstreet, 1 s. Wenh : Capt Tho Fiske. Maulden : Capt Jn" Wayte. Northamp? : Leiut Willjam Clarke, 1 3. Hadley : Left Phillip Smith, 1 s. BeGly : M"^ Jn° Dodge. Sudbury : Cap? Edmo Goodenow. Springfeild : M"^ Sain Marshfeild, 1 s. Glocester : M'' James Steevens, 1 s. Salisbury : M' W" Buswell. Reading : M"^ Jn° Broune. Marlbor : M"^ Abrah Willjam. Milton : M"" Robert Tucker, 1 s. Hull : M"^ Nath Bosworth. — 40. Cap? Daniel Fisher was chosen Speaker for y^ session. [*261.] *As an explanation of the order of this Court, made in February last. Addition to y« respecting the forme of military officers comissions, this Court doeth declare, millitary CO- . , ,,_..„ n ., , mission. that that order mtends not only all comissions loliowing, but also preceding the same ; and it is hereby ordered, that the secretary doe, when they shallbe demanded, issue out new coiiiissions to all former officers in the sajd forms, & Law requiring y* y^ the, precedency of captaines goe & be according to their former set- buildings to be - brick or stone -dement. in Boston sus- Yn. ans to the petition of seuerall of the inhabitants of Boston, the pended for 3 yeares. Court, considering the present inability of many persons that haue susteyned THE MASSACHUSETTS BAY IN NEW MGLAND. 267 great losse by the late fyer, to rebuild w"* bricke & stone, judgeth it meete to suspend the execcuting and prosecuting the late lawe, title New Buildings in Boston, to be bricke or stone for the space of three yeares only, when it is to be in force, and all persons are required then carefully to attend vnto the same. It is ordered by this Court & the authority thereof, that henceforth the Order as to new measures that are now come ouer from England by M' Foy shallbe the standards. standard for this colony of the Massachusetts, which sajd measures are of bell metle, the halfe bushell and the pecke, for measuring of corne & other grajne, & salt, &6 ; also one quart and ofle pint, for beere or ale, w"'' are attested to by Daniel Man, keeper of the Guild Hall of the citty of London, yeoman of the chamber thereof, & sizer and sealler of the weights & measures to be just and right, according to a statute for measuring called Winchester measure, together w*^ a standard of brasse, to size a yard and an ell ; and also one gal- lon, one quart, and one pint, being wine measures, according to the custome of London, and that all halfe bushells & bushells shallbe sized by this halfe bushell, and all other measures shallbe sized by these other measures before expressed, and that the country Treasurer issue forth his warrants forthuith to the constable of euery tonne in this colony, to bring in all the old standards of the seuerall tonnes to whom the Treasurer shall order, to be sized by the new measures now allowed and approoved of by this Court w'Mn one moneth after publication hereof, and that henceforth it shall not be laufuU for any person whateuer to buy or sell by any other measures *then what [* 262.1 are allowed of, & sealed by or according to the abouesajd standards, vnder the poenalty of fine pounds to any person that shall so doe, the one halfe to the informer, and the other halfe to the toune they belong to. And if any toune or constable thereof shall neglect their duty heerein, in not bringing in their standards to be sealed, according to the time appointed, they shall pay as a fine to the country ten pounds ; and the new scale for these measures shallbe f^^] I, Daniel Man, keeper of the Guild Hall of the citty of London, yeoman M'Mans cirtif- of the chamber thereof, and sizer and sealer of weights and measures, doe hereby certify, (at the request of M' John Foy, of London, marriner,) that I did size and scale the things following, viz' : on halfe bushell and one pecke, for measuring corne and other graine ; as also one quart & one pint, for beare or ale, all w* are just and right, according to a statute for measuring called "Winchester measure, together w"" one standard, to size a yard and an ell ; and one gallon, oii quart, and one pint, being uine measures, according to the THE RECORDS OF THE COLONY OF customes of London ; all which aforesajd measures, duely sized and sealed as aforesajdj are of brasse. Witness my hand and seale this third day of March, anno Domn 1679, and in the two & thirtieth yeare of the reigne of our soueraigne lord, King Charles the Seccond, of England, &(3. DANIEL MAN, & a (seale.) Sealed & signed in the ^senc of J" Hutton, Wll: Worthman, Not Pub"' Comittees re- turne as to y" coUedg pay considered. [*263.] Comittee to revise y*> lawes. Entry of peti- ct)n mony to be diuided amogst y« mcmbe' of y Couri. It is ordered, that this writting be entred in the book of reccords, & kept on file, w* is this done. This Court, considering the returne of the comittee appointed to take in the returnes of the seuerall tounes to be made by the selectmen on the first Wednesday in Aprill last at Boston, respecting the contribution to the colledge, and finding the selectmen of the tounes vnder written haue not at- tended the order of the Court in this respect, doe order that the secretary doe, by letter to the seuerall tounes, signify that this Court is senclble of their neglect, but are willing to appoint a further time ; and doe therefore reinforce the sajd order, that the select men of each toune carefully enquire into the same, & that they make returne of what is don, or further to be donn, on the 3'^ Tuesday in September next, in the toune house of Boston, to the former comittee appointed to receive the same, on poenalty of twenty pounds fine to the country Treasurer, to be pd by y" selectmen of each toune that shall neglect the observanc of this order, according to the true intent hereof. Charls Toune, Marlborow, Chelmsford, Hauerill, Wooborne, Wenham, Maiden, Eowley, Eoxbury, Springfeild, Newbery, Dorchester, Topsfeld, Salem, Glocester, Weymouth, Beverly, Northampton, Sudbury, Hingham, Andiver, Hull. *0n a motion made to this Court for the reprinting of the lawes, &6, the Court approoves of the motion, and doe order that W"" Stoughton, Es^, Joseph Dudley, Es^, Peter Bulkley, Es^, or any two of them, w* Cap? Daniel Fisher, M' Anthony Stoddard, Capt Jn" Wajte, Leif t W"' Johnson, and Cap? Elisha Hutchinson, or any three of them, be a comittee to consider our lawes already made, and that need emendation, and what else is necessary reflferring therevnto, together w"' his maj'J'=^ letter, now vnder consideration, as it relates to this matter. There being much time at euery sessions of the Gennerall Court ex- pended in the considering of peticons, which putts the members of Court to THE MASSACHUSETTS BAY IN NEW ENGLAND. 269' the more expences w"'out any recompence or allowance, it is ordered by this 16 80. Court, that henceforth all the money received and due vpon the receipt of """^ "< ' 19 May. petitions shallbe divided amongst the members of that session, after the same clerks saiiery manner as is vsuall for the cautions received vpon the hearing any peticSn or ^ *" ^^ p*" "^ case in open Court ; and it is hereby further ordered, that whereas peticSn money was allowed to the clarke & secretary in part of their sallery, that henceforth the sajd clarke be allowed one fowerth part of his sallery in money, to be pajd by the country Tresurer. The Court, being sencible that some petitions are irregularly put on file. Order as to en- w"'out payment of the Court due, and after the time of entry according to fortime^to lawe is expired, and that some are sajd to be received freely, when it is but ''°^^' the act of one part of the Court, doe therefore order & enact, that the secre- tary or clarke of the deputjes, or the person who shall at any time officijate in their roome, shall faithfully enter vpon the sajd pcticon the particcular day when it was by them received, & how much was, at the receipt thereof, either pajd or secured, which they shallbe accomptable for ; and that no peticoii shall be accepted w"'out the payment of the entry money by law stated, vnless there be an act of both houses, viz*, Majes*' & Deputjes, for it to be in sub forma pauperis, or by a speciall & particular act of this Court favour. *Whereas the law refierring to peculiars saith that they shall pay pub- r*264.1 lick charges in that towne whose meeting house is neerest to y'^m, — County Courts ; _ .to resolve y The q^uestions are, first, whither it is to be vnderstood vpon a direct questions ab' Ijne, or the neerest passable way. ■^'*°" %^^. How and by whom it is to be determined. The Court judgeth it meet to refferr the determination of the two former questions to the County Courts where such cases may fall out. For the better defience and security of the Castle, it is refferred to the Comittee for comittee for the Castle, w"" the advise of the council, to augment the number of souldjers there for some moneths, as they see meet; and the Tresurer of the country to pay them as the sajd coinlttee shall order. There being seuerall companyes in this jurisdiction who are destitute of Vacancy of captaines, and this Court hauing nominated & appointed gentlemen to suply ^g_ that vacancy, this Court doth earnestly desire these bono"* gen'° will please to comply w"' the actings of the Court herein, & to accept of coiiiissions ac- cordingly. M' Humphry Davy, Capt John Richards, M"^ James Russell, M' Anthony Coinittee to Stoddard, & Cap? Daniel Fisher, being appoyinted by this Court in October ^^^^^ ^l^o^s^' last as a coinittee to examine the last Tresurers accounts, which hitherto, for some reasons, hath not binn effected, this Court judgeth it meete to reimpower 270 THE KECORDS OF THE COLONY OF 1680. the aforesajd gentlemen to the worke to which they were then called, and to ' ^^ ' take in the sajd accounts the last Tuesday in September next, vpon which day ''^' the coinittee shall meet to proceed in y' worke, that so it may be ready when called for. 27 May. Vpon consideration of a letter received from the Gouernor & council of the m' JorDudit colony of Conectiot, dated 27 of May, ins?t, 1680, the Court judgeth it meete to a coinittee to agree w"^ them in the motion for the runing of the Ijne betweene the two colo- joyne in runing .... , , o i-ii 'in' ^ c of y Ijne be- njes, begining at the bounds betweene vs & rlj mouth, and m pursuance thereor, twen vs & Co- ^^^ desire, appoint, & authorize Majo'' Jn° Pynchon & Joseph Dudley, Es^s, to be a coiiiittee to joyne in the worke, w* they are to pursue w''' as much speede as may be, giving notice to them of Connecticot of the time when they will attend it, & agreeing w"^ a meete artist to be improoved, & prouiding all other assistance & necessarjes as they shall see meete. 22 May. The Court, on pervsall of his maj'jes letter rec'* by our agents, ordered the letter here on y" other side to be sent to the Earle of Synderland, secre- tary of state, &(3. [*265.] *Right honno'^'" : — "^"Earie^rr *° Vpon the arrivall of our late worthy agents, bringing w"» them his Sunderland. majestjes coinands conteyned in his gracious letter of July 24, 1679, our Governo'^ convened the Gennerall Court, vnto whom, at their meeting, he coinunicated the same, vpon the receipt whereof, in obedjence therevnto, it was forthwith ordered, that there should be a filling vp of the number of Assistants by charter required ; that all military comissions should run in his jj^ajties name ; that all persons coming to any priuiledge, trust, or office take the oath of allegiance, all which is accordingly practised ; and as to the prov- ince of New Hampshire, all coinissions for government there, by us formerly granted, are recalled. Our GoQno"^ hath also taken the oath prescribed for the observation of the acts concerning trade and navigation. But such was the extremity of the season that a considerable number of the members of the sajd Gennerall Assembly could not possibly attend, thereby occasioning the defferring the further consideration of the remayning particulars of his majestjes letter vntill this present Court of Election, wherein we are newly assembled, although prevented of making further answer thereto at present, by reason of the suddaine departure of the ship by w"'' wee convey this. And whereas wee haue binn accused of a severe hand lajd by us vpon his majestjes subjects of the Province of Majne, in consequence of our late purchase, wee know no colour for that complajnt, it being well knowne that, as they haue binn formerly an expence and no gajne to us, and more particcu- THE MASSACHUSETTS BAY IN NEW ENGLAND. 271 22 May. laxly in tlie late warr, defFended from vtter ruine at our charge, amounting to 16 8 0. many thousands of pounds, and losse of many Hues, so, since that time, there hath heen no kind of imposition, taxe, or burden lajd vpon them, but their great bennefit and welfare procured, as wee suppose their oune free addresse to his majesty will declare ; so that wee trust, vpon a more full information, his majesty will not see cause to disapproove of what hath binn donne. S"^ : his maj"''^ favour in licencing of our worthy agents to returne w"^ the continuance of our ^sent constitution, and expression of his gratious incljna- tion to haue all ou past erro''s and mistakes forgotten, and our condition so amended that neither our setlement nor the mindes of his good subjects here might be shaken, vpon the complaints of those that seeke our disquiet, doth greatly obleige us to duty and obedience ; and wee returne his maj*y our most hvmble thankes for the same, euer praying for the preservation of his royall person, and for the prosperitje and long continuance of his reigne. Thus craning yo' honno'^s favo^'able representation hereof to his maj'^, & pardon for this our our trouble, wee remajne, Kight honn'^ble, Yo' lordships most hvmble servants, S. B. The Goano"^ & Company of y« Massachusets Bay in New England. Boston, aati" May, 1680. Was supscribed to the Eight Honno'able Eobert, Earle of Sunderland, one of his majesties principall secretarjes of state, these ^sent, sent by M"^ Joales, & also by M"" Jenner. *This Coui-t, being informed that there is a publick meeting house [*266.] errected in Boston, where some doe ordinarily meete, contrary to the law of o^^he^j^nnl"' May, 1679, (prohibbiting all persons whatsoeuer to errect a publick meeting baptists. house w*out the consent of the freemen of the toune first obteyned, or licence of the County Court, or speciall order of the Gennerall Court, as in sajd order is exprest,) did order, that three or more of sajd company be sumoned to appeare before this Court in the morning, at nine of the clock, to make answer for their so doing. Accordingly warrant issued out, the partjes were sumoned, H J™e, 1680. ^ and Phillip Squire, Edward Drincker, & John Russell, with some others, ' appeared before the Court at the time, and after their deffence made with- drew, sent in their humble petioon, humbly desiring the Courts favour, &d. After the Court had heard their answers & pleas, pervsed their petition, and what else was produced, the persons being called in, the Courts sentence, in 272 THE EECORDS OP THE COLONY OP 1680. 11 June. Sentenc ag' Edmund Bridges. Ajis' to New- bery peticonfor a schoole & 60'' p' annu. [*267.] Ans' to Jn" Mans, W" Hoares peti- con as loafe bread bakers. Ans' to W" Jones, Esq', peticon, 500 acres land granted, &c. the name of y' Court, was published to them, y* y" Court, in ans' to their peticon, judged it meete and ordered, that the peticoners be admonished by the present honnoured GoQno"^ for their otfence, and so granted them their petition so farr as to forgiue their offence past, but still prohibbited them as a society of themselues, or joyned with others, to meet in that publick place they haue built, or any other publick house, except such as are allowed by lawfull authoritje ; and accordingly the honno'ed GoQno'", in open Court, gaue them their admonition. Information being given to this Court by seuerable considerable persons in Salem against Edmond Bridges, who complajne against him as a disturber of the peace & quiet of the sajd toune, & promoter & mannager of vnrighteous & vexatious suites, & labouring to make factions in toune meetings, vpon which complaints this Court caused the sajd Bridges to appeare before them, for the suppressing of the insolency of sajd Bridges, this Court, after a full hearing of the case & pleas made by him, doeth heereby order & declare, that it shall not henceforth be lawfull fol' him to plead any case in any civil judicature but his oune, and is also heereby debarred from libertje of voting in any toune affajres, and be vncapeable of bearing any civil or military ofEce in sajd toune, according as the law directs, title Touneshipps, sectio the 4*'', and all this during the pleasure of this Court. In ans' to the peticon of seuerall inhabitants of Newbery, as M"^ Jn° Woodbridge, Joseph Hills, Anthony Som''sby, Eich* Dumer, & others, the Court judgeth it meete to order & impower the selectmen for the toune of Newbery, for the encouragment of learning & maintenance of the schole master there, to take effectuall care to rayse, by way of rate on the inhabitants, the some of sixty pounds p annu, to be y" sallery of the schoole master there. *In ans"' to the peticon of John Man, George Dauson, Thomas Skinner, & W™ Hoare, loafe bread bakers in Boston, it being asserted that the former comittee, John Richards, Es^, M' Anthony Stoddard, Capl Thomas Bratle, & Capt Lawrence Hamond, made not their return of their experiment to the Court, therefore they are againe impowred a coinittee further to consider and make theire farther experiment at the chardge of the peticoners, and are or- dered to make their retufe to the next session of this Court for theire further consideration. In ans"' to the peticon of Capt Lawrence Hainond, on behalfe of Willjam Jones, Es^, the Court judgeth it meet to grant to the heires of that worthy gent", Theophilus Eaton, Escp, Hue hundred acres of land in any part of our jurisdiction free from former grants & not prejudicing plantations. THE MASSACHUSETTS BAY IN NEW ENGLAND. 273 In ans' to the peticon of Joseph Phippen, Francis Neale, Sen, Georg In- 168 0. gersoU, John Pickering, Jn° Marston, Robert Nickles, Jn° Ingersol, Jn° ^' ~^ TTr 1 - • ■^^ June. Wales, Nathani Wales, Francis Neale, Jun, John Johnson, John Eoyall, . ^^ josenh Jonathan Putman, humbly desiring this Court to grant them a plantation at Phippen, &c. the bottom of Casco Bay, on a riuer called Swegustagoe, &(5, the Court, con- tion of 5 miles sisting of the Godno'' & Company, judgeth it meet to grant the peticSners fine ^f^^ granted miles square, to be allotted out for a touneship, & two of the islands adjacent to the place propounded for by the peticSners, and doe order, that a coinittee be impowred for the enterteyning of inhabitants and granting of alott- ments, and laying out the bounds of the sajd toune, and no Indian purchase formerly or heereafter to be made shall give interest to any person in sajd lands but by the approbation and allowance of the sajd coiiiittee, reserving to the GoQno"^ & Company the royaltjes & priuiledges due by charter to the cheife lord proprieto"", & a farme of three hundred acres in any place where the praesident of the sajd province shall appoint & choose ; and all this vpon condition that they setle twenty or thirty familjes, with an able minister, within two yeares ; also, they shall allow, as an acknowledgment of the GoQno' & Company, or the cheife proprieto''s by his majestjes charter, after the first seven yeares are expired, five beauar skins p annu. In ans'^ to the peticon of John Hay ward, it is ordered, that he be con- Ans' to Jn» tinned for postmaster, to receive in letters & take care for the sending of them ^g^j, to the ouno''s according to superscription, till this Court take other order ; and that all masters of ships or other vessells doe, vpon their arrivall, send their letters that come in the bagg to the sajd post office, except as they shall particularly take care to deliuer w"* their oune hands ; that the sajd Hay ward, or post master, be allowed for euery single letter one penny in money, & for euery packet of two or more two pence in money. *In answer to the petition of Clement Grosse, humbly entreating this [*268.] honno^'ble Court to take his distressed condition into their pious & juditious ^^^^ *° ciem"" Grosse peticon. consideration, and notw"^standing the pretended deed of sale or entaylement to his children, w"'' was neuer any act of his, nor of those that had power to entajle it, & hauing giuen so largely to his children, i. e., two hundred pounds apeece, and hauing nothing left him to majueteyne himself, wife, & children, when all his debts are pajd, w* will not be aboue eighty pounds, w'^'' he gladly would haue his wife to haue to improove for his, hir, & fewer childrens best comfort, God hauing made this honnoured Court his refuge, that hath not a talent otherwise to deffend from fraud easily by writtings fastned on him that neuer read any, doubts not of your juditious care, who will see the iustnes of yo'^ peticoners request, and confirme the sale of the land to the VOL. V. 35 11 June. 274 THE RECORDS OF THE COLONY OF 1680. buyei-, that so your peticoner may yett Hue, the Court, in answer therevnto, declares, the peticbner hath full power to make sale of the lands heerein men- tioned, this annext pretended entajlement notw^'standing. Ans' to Mead- In ans' to the peticou of Jn° Partridge, W™ Allen, Joseph Warring, and feilds peticon, . .. /••ini/^ •ii- &c, Sherboru nineteen more inhabitants of Meadfeild, the Court judgeth it meete to remitt to haue a pro- ^^^^^ ^^^ q-^q^ ^^ what is desired, viz', on hundred and twenty pounds, pro- vided that the inhabitants of Meadfeild and Sherborne haue the bennefit of this grant in way of just proportion to their losses ; and it is ordered, that Capt Daniel Fisher, Capt Prentice, Cornet Timothy Duight, & Sarjant Rich- ard Ellice, see that it be disposed, not only amongst the peticoncrs, but such as they shall see meet in sd toune of Meadfeild, as id coinittee shall deter- mine, Capt Fisher to appoint time & place of meeting. Ans' to W°> In ans'^ to the petition of W™ Griggs, the Court judgeth it meete to allow nggspei . ^j^^ ^^^^ ^^ ^j^^ house & land mentioned, prouided sajd Griggs give other security to the sattisfaction of the County Court for Suffolke, for the payment of debts & the childrens portions. Ans'toM'Jon- In ans"^ to the peticon of JM'^ Jonathan Wade, &6, the Court judgeth it ceti'con 10" d* ^leete to grant the petitioners a hearing the next sixth day, at nine of the by M' "Wade, clocke, & that due notice be give to all persons concerned to attend the issue. The partjes appeared. It is ordered, that the last sentence or judgment of the Gennerall Court in October, relating to the last will & testament of the late Samuel Symonds, Es^, be revoakt, & that tenn pounds be pd for the hearing. Ans'toAntho- In ails' to the petition & request of M' Anthony Chekly for the resolu- ..- tion of the question therein proposed, the Court judgeth it meet to declare, that the peticoner ought to beginn his action by revejw in a County Court, as is vsuall in other cases. [*269.] *In answer to the peticon of M'' John Heyman, of Charls Toune, the Ans' to M' Court declares the peticoner hath the law open for him, and that if he makes Heymans peti- 5on. any clajme to the estate, he ought to sue the execcutor of James Elson for the estate granted to sajd Elaons wife & heires, and to haue the same determined for him on behalfe of the heires, vnless, as is pretended, the sajd Elsons execcutors cann in law ballance, or make James Elsons first will null iSrvoyd by an after will, or other legall barr. Ans' to M" In ans"^ to the peticon of M""* Margery Flynt, executrix to the late M"^ FiySrpeticon. ^amuell Shephards, fornJly pastor of Rouley, his last will, the Court judg- eth it meet to grant hir request, i. e., liberty to the peticoner, as is desired, to make sale, prouided she exchange it for land, or purchase lands to the value, as shee sees cause. Ans' to Sarah Joanes peticon. In ans"^ to the petition of Sarah Jones, widdow, relict of Tho Joanes, the THE MASSACHUSETTS BAY IN NEW ENGLAND. 275 Court judgeth it meet to referr the determination of what is therein desired 1680. (being informed that the thing desired is inconsiderable) to the County Court " ^' ' at Cambridge, to doe as they shall judge meet therein, by sale or otheruise. In ans"' to the peticon of Thomas Martjn, of Marlborough, hvmbly de- Ans' to Thom 3.S IVlEtrtvus siring liberty from this Court to purchase some land of the Indians there, the peticon.' Court see cause to grant the petii^oner his request, i. e., liberty to purchase of the Indian proprietors what he mooves for, so as Majo' Gookin or M"^ Elliot approove of the sale and laying it out. In ans'^ to the peticon of Samuel Foster, leiftenn* at Chelmsford, to lay samuei Foster doune that place or office, the Court grants his request. ,^7,^ ""'J'' ^ •r ' o 1 leiffnt place. In ans'^ to the petition of Mary King, relict widdow of Mark King, Ans' to Mary the Coru-t judgeth it meete, and doe hereby order, that it be left to the County ° Court of Midlesex, who are heereby empowred to doe, in ans' to what is hereby desired, as they shall see meete. In ans'' to the petition of Elizabeth Mather, the Court judgeth it meete Ans' to Elisa ~ , . ~. 1,^ r~i porr-ii- • Mathers peti- to referr the matter of this petion to the County Court oi bunolke, impownng jg^. them to grant and order therein what they judge sequall & expedient. In ans"^ to the petition of Isaack Hill, & Sarah, his wife, the Court judg- Ans' to Isack eth it meete to refferr the peticoners to the County Court of Midlesex for j^g^, 2. g. ' confirmation of what is desired therein. In ans'' to the peticon of Basheba Bale, the Court judgeth it meet to grant Ans' to Bath- ■\ r-\ i~\ • c( zr n • sheba Bales the peticon, for to be directed & ordered by the County Court in buiioike, m petjgon. the sale of lands for the ends proposed. ^^' In ans"^ to the peticon of Elizabeth Weeks, the Court referrs the peti- Ans' to Eliza coner to the County Court of Suffolke, to act in it as they see meet, if the "^ ^ ^^ '' peticon be in termes as it is presented. *It is ordered by this Court, that the prison houses in Boston, and fences [*270.] about the same, be forthuith repaired or rebuilt, as shall appeare necessary, Comittee to re. paire the pris- and M"' Anthony Stoddard, Cap? Elisha Hutchinson, & Capt Jn" Walley are on, &c. appointed a comittee for the taking order w"" workmen to effect the same, & the charges to be borne, two thirds by the country, and one third by the county, & the Tresurers are accordingly to make payment as the sajd comittee shall order. For a finall setlement of the estate of the late Captaine Lauthrrop, this Courts judg- Court, hauing heard the pleas of the partjes concerned, doe determine, that cheeT?rs^& Mi the widow, now uife to Joseph Grafton, enjoy the whole moveable estate to hir p^'-f ™^^^^° oune vse & dispose, paying thereout the sajd Lawthrops debts, and twenty estate, pounds to the children of Joshua Key, and that she haue the whole vse and bennefit of the houses & lands for hir life, making no strip nor wast, and at 11 June. 276 THE RECOKDS OP THE COLONY OF 1680. hir death the whole reall estate to revert to the uife of M' Ezeklell Cheeuers, & hir issue, heires of the sajd Captaine Lawthrop. The costs for hearing of this case was determind to be fiue pounds, w"'' M' Ezekiell Cheevers payd. Courts judgm* In the case of Beverly, by their deputy, M' W" Dodg, Paul Thorndick, Wcnham ^^' ^s' Capt Tho Fiske, &6, for the toune of Wenham, after the pleas made & euidences produced in the case, the Court declared for the deffend' the lands in controuersy, & costs of Court ; & the costs for Beuerly to pay to be fiue pounds, w* was pd. Courts judgm' In the case of M' Jn" Putnam, M'' Gardiner, Joseph Porter, &S, in be- Wenham halfe of the toune of Salem, plaintiffe, against the toune of Wenham, deifend*, after the Court had heard their pleas, & pervsed the euidences produced, they decl^'ed their judgment for the defFendant, & that Salem pay fiue pounds costs, w* was pd. Courts judgm' In ans"^ to the peticon of M'^ Jonathan Wade, &<3, the Court granted the M' Wade"pe- peticoners a hearing the next sixth day, at nine of the clocke, & ordered, that ticon, &5. (Ju^e notice be given to all persons concerned to attend the issue. The parties concerned, M"' Jonathan Wade, & his daughter Mary Symonds, and M"" Dani Epps, M' Harlakenden Symonds, & M™ Eebeckah Symonds, &S, appeared at the time. It is ordered, that the last sentence or judgment of the Gennerall Court in October, relating to the last will & testament of the late Samuel Symonds, Esquire, be revoakt, & that M"^ Wade pay tenn pounds for the hearing of the case, w* was donn, [*271.] *Gentlemen : — Courts act as Information being given to this Court by our country Treasurer & others to arrears in . -n i ■ r- Hampshire, ^"-^^ there IS money still due to our tresurje trom some of your inhabitants and Hampton, &c. plantations, vpon rates & judgments that in former Courts, before your going from this gouernment, were obteyned against seuerall of the inhabitants, w* are not yett sattisfied; and besides that, vpon your setlement, a person that was in Norfolke prison, vpon execution for debt, did make his escape, and that many judgments are not yet sattisfied in particcular cases, and there is mony still due from the county of Norfolke, formerly so called, to seuerall persons for enterteinmeut of the County Courts there, which M"^ Dalton, the Treasurer that then was, hath not yet dischardged ; our desire to yourselues is, that some efiectuall care, by yo' authority, may be taken, that the dues to our treasury vpon former expences may be honestly pajd in, and order taken for the sattis- faction of judgments obteyned by particular men against persons and delin- quents living w"=in your Ijmltts, according to the custome and law which 11 June. THE MASSACHUSETTS BAY IN NEW ENGLAND. 277 such persons were then vnder ; and that those of your tounes that did then 168 0. belong to Norfolke maybe ordered to pay what they are behind hand in their country rates & fines, for the defraying of the Court charges and debts due from that county. W"' our kind respects to yo'^selues, Remajne, gen'", Yo"^ very 13 freinds & neighbours. The GoQn'^ & Compa of y'= Massachusets, & signed by y«ir order, EDW" RAWSON, Secret. Boston, 20"^ of May, 1680. The Court, hauing considered of the proposalls made by Left W" Courts act as to 1)63.06 TV^ tll6 Clarke, in behalfe of Northampton, relating to peace w''' Indians, &6, doe Indians. judge the reasons given for a compliance w"' the Indians are weighty, and that if there shallbe any future motions made by such as are considerable amongst them, it ought not to be slighted, but so farr taken notice of as may be suiteable for the honno'^ of the English, and yet not discouraging to them, and therefore doe judge meete that the County Court of Hampshire shall and heereby are impowred, so farr as it concernes that county, to receive any motions which shallbe made by any such Indians tending to peace, & haue full power to propound and conclude of such termes as maybe by them judged most conduceable to the safty of the English there ; and that all such Indians as already are or heereafter may come in shall not reside w*''in the precincts of any toune w*''out liberty first had and obteyned of the select men of the sajd toune. In ans"^ to the peticSn of Katherin Mauericke, relict widow of John Ans' to Kath- Mauerick, late of Boston, it is ordered, that the County Court for Sufl^olke do peticon. act in the case, & grant liberty of sale as they shall see meete for the ends proposed in sajd peticon. *In ans'^ to the petition of George Minot, it is ordered, that the County [*272.] Court for SufiPolke, vpon consideration of the debts due from the estate, be Ans' to George Minots peti- impowred to grant & giue order for the sale of so much lands as may be con. necessary for payment of the sajd debts, not at all intrenching vpon the widowes thirds, due to her according to lawe. In ans"^ to the petition of M™ Margery Elynt, widdow, & M"^ Josiah Ans' to M' Jo- Flint, execcutrix & execcutor of the late ReQnd M' Henry Flints will, peticon. ' &6, the Court judgeth it meete to grant the peticbners req^uest, they giving caution to the County Court for SufFolke to allow such a proportion of the 11 June. Ans^to Lef* 278 THE EECORDS OF THE COLONY OF 1680. price thereof to the other children. of the sd Henry Flynt, deceased, as shall be orderly determined. In ans'" to the petition of Leiftennt Enock Greenleafe, the Court refferrs Greenleafs the Consideration of the petic<5n to the comittee for wounded men. peticon. Ans' to Cap' ^^ ^^^^ t° ^^^ peticon of Capt Tho Henchman, it is ordered, that the Tho. Hinch- Tresurer pay vnto the sajd Capt Hinchman eighty three pounds tenn shillings and eight pence agreed vpon by the comittee of militia, vnless, to his oune sattisfaction & content, he cann present a free parcell of land betweene this and October next to the Court, for their confirmation insteed thereof. Return of the In pursuance of an order of the honno'ble Gen Court, October 15, 1679, comi ee as o j-gQ-gj-^-jj^o, ^0 the estate of the late M"' Samuel Haugh, wee finde the debts M" Haughs es- o o ' *'''<=• cleare and vndeniable are fiue hundred forty pounds & vpwards, the estate to lye in mooveables to value of one hundred & thirty three pounds nine shil- lings & sixe pence, much of it spent ; the remainder cannot be sold w"^out bringing the widdow & children into distresse ; the other remayning estate, in a house in Boston, in w* M'^ Brock, mother of sajd Haugh, is tennant for life ; the other pt is a farme in Cambridge bounds, both which house & farme are devised by the last uill of Samuel Haugh, father to the late Samuel, & the heires of his body lawfully begotten, w"'', if this Court judge to be an enteyle, and that the lands cannot be sould, the debts consequently must remajne vnpayd, to the great greife of relations, and prejudice of the memory of the deceased, & damage to the credito''s. JOS: DUDLEY, JOHN EICHAEDS, JOHN HULL. Courts act The Court, on consideration of the will of the abouesajd Haugh, doe therevpon. judge the lands may be sold for the payment of debts, the entayle notw""- standing, and empower the adiiistratrix, w"" the consent of the County Court for Suffolke, to dispose and sell part thereof for the ends abouesajd. Ans' to James ^^ "-^^^ ^o the petition of James Dennis, the Court judgeth it meete to Denis peticon. gj-^j^j (-he petitioners request, i. e., liberty to return in to this jurisdiction againe. [*2'73.] *In ans' to the petition of Capt James Olliuer, it is ordered, that he be Cap' Olliuer. dischardged of his captains place, according to his desire ; and as to his motion as to the grant of an island in Merrimak, Capt Samuel Addams & Leiftennt THE MASSACHUSETTS BAY IN NEW ENGLAND. 279 W"^ Johnson are heereby desired to make inquiry concerning the sajd island, 167 9. & y* contents thereof, whither it be in tlie Courts power to dispose of, & to '^ ' make returne vnder their hands of Avhat they finde to the next session of this Court. Leiueteniit W™ Clarke, Leif t Sam Smith, & Capt Aron Cooke, returned Associats for for associats for the Countje Courts in Hampshire for the yeare ensuing, were allowed & approoved of by the Court. Capt Elisha Hutchinson is appointed cap? to the ffoote company lately Elisha Hutch belonging to Capt James OUiuer, & Capt Jn° Walley is appointed leiftennt, ^Vaiiev'ief' Jn» & John Haward to be ensigne to the said company. Haward en- In ans'^ to the petition of Hannah Walker, relict widdow of the late ouiB company. John Walker, the Court conceives that the petitioner or execcutrix of John ^"^' '" ^'^^' ■*■ nan Walkers Walker hath full power, according to the uill, to make sale of the house and peticon. land mentioned for the end proposed, w"'out any act of this Court. This Court, being informed that M"^ W" Hubbard hath taken paynes in Coisittee as to compiling a history of New England, doe order, that our honored Goflnor & history. W™ Stoughton, Esquire, Capt Daniel Fisher, Lieu* W" Johnson, & Capt W™ Torrey be a coinittee to pervse the same, & make returne of their opinion thereof to the next session, that the Court may then, as they shall then judge meete, take order for the impression thereof. In ans'^ to the petition of John Warner, of Springfeild, the debt claymed Ans' to Jn» . TTT1 n 1 11 Till' Warners peti- bemg already vpon Hadley account, & the payment already ordered by this gg^_ Court, & the disbursments arrising vpon that w"'' in that time they could not haue disposed of to any advantage, the Court judgeth it inconvenient to alter the way of payment. In ans'^ to the petition of ISTathaniel Bert, of Springfeild, the petitioner Ans' to Kath" seemig to oune the receipt of the suine mentioned, for provissions disbursed by him in warr time, but as he saith not in spetia couenanted, for w'='' couenant • appeares not, & ouning he hath received at Springfeild, as the rates did arise, the Court sees not cause to grant his peticon, judging he hath binn better dealt w"* then others of his neighbours, nor doeth the Court see cause for any allowance of forbearance. *In ans' to the peticon of the fFoote company at Marblehead, the Court [*274.] iudseth it meet "to ffrant Richard Norman, John Legg, and Nathaniel Walton ^"^' *° '^^■'" JO a "" blehcad peti- to be ffreemen, being testified that they are quallified as the law requires for con, Rici Nor- freedome, and doe appoint Eichard Norman to be leiftennt, & John Leg to be j^^^^ ensigne. ensign to the company there. In ans'^ to the peticon of John Gifford, the Court judgeth it not con- Ans' to M' venient, much less legall, to grant him a hearing at the Gennerall Court, when 280 THE RECORDS OP THE COLONY OF 1680. the cause, since the last trjall at the County Court, hath not past thorough all ' ■<~~' inferiour Courts, but leaue the petitioner to take his remedy in law by bill of 11 June. . revejw oi the sajd case. Ans' to Mary In ans"" to the petition of Mary Sanderson, the Court declares that the tigon!"^'"'"^ ^^" petitioner is impovrred to demand, receive, & give discharge to Deacon Allen of such estate as she receives that was formerly Augustin Lyndons. Jn« Coney en- John Coney is appointed ensigne to Capt Thomas Sauage his company. ''''"^- In answer to the petition of Jabez Musgraue, a wounded souldier in the Ans' to Jn° . . , . Mnsgi-anes pe- late warr, the Court judgeth it meet to grant the petitioner tenn pounds m rate pay, to be payd by the Tresurer. Ans' to Eow- In answ"^ to a motion for the selectmen of Eouley for the setting free of a ley motion. ^j-idge now obstructed in the county of Essex & bounds of Newbery, once a Thirells bridge o J made a county county bridge, now in the hands of a particcular, the Court sees meete to grant their desires, & doe order the sajd bridge to be free, & be a county bridge againe, and what hath binn expended by any particular person for the repayring thereof to be payd or repayd them by the sajd county. Portsmouth, in y" Province of New Hampshire, March £5, 1680. Much honnored : — The late turne of Prouideuce made amongst us by the all ordering hand, hath given occasion for this ;psent application, wherein wee craue leaue, as wee are in duty bound, — 1. Thankfully to acknowledge your great care for us & kindnes towards us while wee dwelt vnder your shadow, ouning ourselues deepely obliedged that yow were pleased, vpon our earnest request & supplication, to iake us under your government, and ruled us well whilst wee so remajned, so that wee cannot give the least countenance to those reflections that haue binn cast vppon yow, as if yow had dealt injuriously with us. 2'''. That no dissatisfaction w* your government, but meerely our sub- mission to divine Prouidence, to his maj*jes coinands, to whom wee owe allegiance, without any seeking of our oune, or desires of change, was the only cause of our complying w"' that present seperation from yow that wee are now vnder, but should haue heartily rejoyced if it had seemed good to the Lord & his maj'^ to haue setled us in the same capacity as formerly. P275.] *3"^. And withall wee hold ourselues bound to signifye that it is our M' Cutis prajs- most vnfeigned desire that such a mutuall correspondence betwixt us may be shires letter to setled, as may tend to the glory of God, the honno'" of his majesty, whose ^° ""'■ subjects wee all are, & the promoting of the coinon interest & deffence against the comon ennemy, that there by our hands may be strengthened, being of 11 June. THE MASSACHUSETTS BAY IN NEW ENGLAND. • oiirselues weake, & few in number, and that if there be oppertunity to be anyuise serviceable vnto jow, wee may shew how ready wee are thankfully to imbrace the same. Thus wishing the presence of God to be w"» yow in all yo"^ administra- tions, & craning the bennefit of yo"^ prayers, & endeavor's for a blessing vpon the the heards & hearts of us, who are seperated from o"^ brethren, wee subscribe, JOHN CUTT, President. W"^ the consent of the Council & Genfill Assembly. Supscribeo, To the Honno*'' poiino'^ & Council of the Massachusets Colony, to be communicated to the Geiil Court, humft present, in Boston. This foregoing letter of y^ President, Council, & Geii Assembly of New Hampshire, so directed to the Massachusets, was read in Gennll Court May 22% 1680, and ordered to be recorded, & kept on file. As attests EDW° KAWSON, Secrei In ans'' to the humble motion of the troope lately granted by this hon- Ans' to Hing noured Court to be in Hingham, that the honnoured Court would be pleased to motion. make a setlement of the cheife officers & comanders of the sajd troope accord- J"° Thaxter . , _ captaine, Sam ing to law, the Court judgeth it meete to grant their request, and appoints uei white leift, John Thaxter to be captaine, Samuel White leiftennt, and Mathue Cushin cor- . "' ™ "^ J^ ^ " in ensigne net to the sajd troope, so as the sajd Mathue Cushin take the oath of freedome. thereof. The Court judgeth it meete to order, that the Treasurer, M"" James Rus- TresurerRus- sslls r6coiii~ sell, be impowred for the ffoUowing yeare to haue the mannagement of the pence, whole affaire of gathring the rates vpon wines, licquo's, as the law prouides, and that Joseph Dudley & John Richards, Esq's, be a comittee to assist him in making contracts w"" the tauerno's or others as they did the last yeare, he expecting no more for his service as Tresurer then the bennefit acrewing by the impost. M"" Dalton : — By the petition of John Seuerance, wee vnderstand that the late Courts letter to county of Norfolke is indebted to him, for the. entertejnment of the Daito™ ute County Court, neere eighteene pounds. Wee are also informed that the last Tresurer of •' Norfolke. County Court at Salisbury did lay a rate vpon the county for the defraying of the charge of the County Court, which *was comitted to your care, as Treas- [*276.] urer of the county, to collect for the defraying the aforesajd charge, which, by VOL. V. 36 11 June. THE RECOEDS OF THE COLONY OF reason of the taking of the fewer tonnes in New Hampshire by his majestjes order, hath not binn attended as it ought to haue been. Wee haue therefore thought meete to write to the praesident & council of New Hampshire about that aSaire and other concernes, that they would please to take effectuall order that all dues to the government that yow did lately oune may be honestly payd and dischardged, which wee doubt not but they will see cause to provide for. Desiring & expecting your vtmost endeavour to promote so just a motion, otheruise persons concerned and injuried will consider how yow, as Treasurer, are liable to respond such an engagement, so that yow may be ob- noxious to that countjes creditors, which wee hope your nonesty & ingenuity will prevent, wee are your loving freinds. , EDW° RAWSON, Secrei In y" name & order of the Genii Court. Ans'toM' In ansW to the motion of M'' Gershom Bulkeley, the Court judgeth it BuikelCTs mo- Meete to allow him, the sajd M' Bulkely, in ffuU sattisfaction for his cure of tion, his sattis- Jonathan Wells, a wounded souldjer in y" late warr, the suine of twenty fine faction for cure of Jonathan pounds mony, or forty pounds in country pay, in the toune where he liveth, Wells. to be payd vnto him or his order by the Tresurer of the country, at his choyce. 21 mo. diet al- The Court judgeth it meete to allow M' Samuel Steele, for 21 months lowed M' Steele for ^^^^ of Jonathan Wells, a wounded souldjer, the suine of twenty one pounds, Jn-th. Wells ^^ ^^ p^j^ ^^ Yiira, or his order by the Tresurer in country pay. Jn'th. Gilbert The Court judgeth it meete to allow M'^ Jonathan Gilbert, for thirty w°iis 8- 7" 6 three weekes diet & a halfe, at fiue shillings p weeke, — in y° whole, eight pounds seuen shillings & six pence, — for Jonathan Wells, a wounded soul- djer, to be p* to him, the sajd Gilbert, or his order, in country pay. W" ShefFeilds The Court sees not cause to grant W™ ShefFeild fiuety acres of land, acres aj being more then his grant, & not lajd out according therevnto, but doe judge meet that he haue his forty acres, thirty of it as it is now layd out, & tenn acres of the meadow as now lajd out by James Taylor, lying next his oune vpon a paralel line. Ans' to Cap' In ans'^ to the petition of Capt Joshua Scottow, the Court judgeth it not Scottows peti- ., , .,^ ,. . , .,..^01 jojj convenient to grant the peticoner a hearing, since the peticoner & the partjes concerned are now, by late transactions, put vnder a distinct government vpon the place, i. e., the Prouince of Mayne, to which authority, if he be vnder any cap>, Jno War- sufferings, he ought to apply himself, it being inconvenient & vnsafe for this reu lef, Nath. Court to comand any thenc to be iudared here. Coolidg ensig, ■' _ J o Water Toune. *In ans' to the petition of the trayned band at Water Toune, the Court [*277.] judgeth it meete to grant their request, and doe order John Sherman to be THE MASSACHUSETTS BAY IN NEW ENGLAND. 283 « their captaine, John Warren their lefteniit, and Nathaniel Coolidg to be their 1680. ensigne. ' '^ ' In ans"^ to the peticbn of Eichard Wayte, of Springfeild, a wounded soul- . ^^ t>- -ut dier in y* late warr at Springfeild, when Lef ? Cooper & others were slajne, "Wayts peti- humbly desiring that he may be freed from rates, the Court judgeth it meet to grant his request as to his head mony. There was, the last Gennerall Court, liberty granted to Martha Newell, Ans' to Martha widdow, administratrix to the estate of Jacob Newell, w"" the advice & con- (,,. request. sent of M"^ Thomas Weld & John White, to sell a part of the land belonging to sajd Newells estate, for the necessary suply of a family of smale children, the payment of debts, &6 ; order being mislajd, is desired to be renewed ; the Court grants the request heerein. In ans' to the petition of Ephrajm Turno', humbly desiring the favo'^ of Ensigne Tur- -this Court to lay doune his place or ofEce of ensigne to Cap? OUiuers company, hig pjace, & M' the Court grants his request herein, and doe appoint M' John Hayward to be ^^° ^°^^ '" ensigne to the sajd company. In answ'' to the petition of Eebeckah Hawkins, the Court judgeth it Ans'toKebec- meete to allow hir the eleven pounds mentioned in hir peticSn, for and peticon. towards hir subsistance, and cleare of all clajmes or incombrances. In answer to the peticon of the military company of Amesbury, craning Phillip Chalice, the Courts favour for the setlement of some meet person to instruct & lead ^;ii°ary^eom-^ them in military service, the Court doeth hereby dischard Phillip Chalice, P^- dischardg- ■' ed, & sajd Phil- now leif t to the foote company of Salisbury, and doe order & appoint the sajd lip chalice ap- „„,.,.,. AT pointed leP to Phillip Challice to be lef ? to the sajd military company at Amesbury. Amesbury mi- In ans' to the petition of Cap? Swajne, Left Damon, & John Broune, of litary company. Hannaniah Redding, in behalf of y company there, the Court judgeth it meete to ap- Parker ensi. to Redding com- pa. point Hannaniah Parker to be ensigne to y' foot company. *There appearing some thing necessary to be further donne with reifer- [*278.] ence to the settlement of Sherborne Toune, and the well ordering the pru- Comittee for dentialls thereof, & some dissattisfaction with refference to the placing the dJ^X^ &™ meeting house, this Court, judging it necessary to remooue all obstructions that may hinder their quiet & peaceable proceeding, doe appoint & impower Willjam Stoughton, Thomas Sauage, & John Richards, Esq>s, a comittee to order and gouerne the prudentialls of the sajd toune for three yeares next coming, as to laying out lotts & raysing of taxes. Ipswich, Jebacco, July 23, 1679. The persons vnder written being a coinittee of the honno'^'''^ Generall Court, as by their order, dated May 28, 1679, for the setlement of the buisnes 11 June. The comittees 284 THE KECOEDS OF THE COLONY OF 1680. of Jebacco, touching the place of publick worship amongst them, and the setlement of a minister in that part of the toune for their accomodation in the worship of God & proppogation of religion amongst them, as in sajd ordr returne ab' is particcularly recited, — The sajd persons mett vpon the place, die supradicto, & there found present the peticbners & other inhabitants of sajd Jebacco, as also others that were deputed by the toune of Ipsuich to offer something refFerring to the accoinodation of others of their inhabitants, upon a full hearing & serious consideration of what was offered & pleaded by both parties, doe find that the psons, peticon'^s & others, y** inhabitants there, haue attended the order of the honnorable Gennerall Court, in humbly acknouledging their fault in going contrary to the advice of the honnorable council, & in giving sattisfaction to the offended church of Ipsuich, which was allowed & attested by some of the reuerend elders, and other persons of credit, members of the sajd church, and therefore doe conclude, — (1°'.) Refferring to the place of the meeting house, that though a re- moo ve of the house from the place at present designed by said Jebacho in- habitants, farther towards to the toune of Ipsuich, might accoinodate some more of the inhabitants and farmers of sajd toune, yet, perceiving that the number offering themselues ai-e competent for such a setlement, and those at the head and on the other side of sajd riuer of Jebacho will be much disad- vantaged thereby, who were the first agreived & petitioning partje, that therefore the place where the house now standeth be & is heereby allowed by us, and that they haue liberty to proceede to the finishing of the sajd meeting house for their comfort & setlement. 3'y. Refferring to the setlement of a pious, able, & orthodoxe minister amongst them for the due mannagement of the worship of God, wee find, by a paper presented to us, signed by the seuerall inhabitants there, their desire of M' Jerremiah Shepheards setlement amongst them, w'*^ yet is opposed & [*279.] objected *against by the reuerend elders & seuerall worthy members of the church of Ipsuich, by whom also, vnderstanding that the sajd M'' Shepheard hath not professed his subjection to the order of the gospell amongst us, in joyning to any particcular congregationall church amongst us ; the comittee, also considering the great weight & concernment, that peace be obteyned & kept amongst neighbo' churches & congregations, especially where the persons issuing forth belong vnto another church, as in this case, see not reason at ^sent to aduise M"" Shepheard preaching or setlement amongst them, but seriously comend it to him to labour his obteinment of full coinunion w**" some church of Christ amongst us, that he may w"' more gennerall approbation labour in 11 June. THE MASSACHUSETTS BAY IN NEW ENGLAND. 28S tte •worke of the ministry, when God shall please to improove him ; and that 1 68 0. the persons, inhabitants of Jebacho, who are like to be a joint society in this settlement, to seriously consider w''' themselues, w* invocation of Gods nam™, of some meete person, able, learned, & pious, that may be fitt to mannage the publick wort's of God amongst them, some time betweene this & Tuesday, the day before the session of the Gennerall Court, in October next, vnto which time the coinlttee doe adjorne themselues there, to meet in Boston, there to give their approbation vnto such person for the minister to setle amongst them, earnestly entreating & advising them in the meanetime to lay aside all animosity, & to take such advice as may be beneficiall for their future setle- ment & good accord. JOSEPH DUDLEY, EICH" WALDRON, ANTHONY STODDAED, W^ JOHNSON, October 15% 1679. HENEY BAETHOLMEW. The comittee for Chebacho, vnder written, mett vpon adjournfnt from sd Chebacco, in Boston, some of the inhabitants of sajd place, by papers & in- formation, giving us to vnderstand, that for want of time or other considera- tions, our aduice to M' Shephafd reffering to his joyning to some congrega- tional! church, hath not binn attended, & yet their desires remayning towards him, the coinittee therefore doe farther adjourne vntill the seccond Tuesday in ApriU next, in Boston, leaving them oppertunity to pursue said advice, in the meanetime to effect & to obteyne some other helpe of a meete person in the interim, at which time wee shall further consider what may be presented to us, in order to their setlement in that affayre. J° DUDLEY, ANTHONY STODDAED, HENEY BAETHOLMEW, May 22^1680. W" JOHNSON. The comittee aboue written mett accordingly, & the inhabitants of id Chebacho presented M"^ John Wise as a person vpon whom they haue vnani- mously agreed vpon for their minister, who is acceptable to us. J. DUDLEY, ANTHONY STODAED, HENEY BAETHOLMEW, W« JOHNSON. 286 THE RECOEDS OF THE COLONY OF 16 8 0. The Court, hauing pervsed this returne, doe allow & accept thereof, "^ ^' giving thankes to the cornittee for their paines. 11 June. Courts allow- . /. -. r anoe thereof. *To the inhabitants of Casco, w*4n the Province of Mayne. r*280 1 '■ 'J Gen'" & loving Freinds : — Courts letter to ... gent" of Casco Wee are informed that some disturbance hath been given yow in yo' ^^' resetling, by the threatnings of some persons whose practises cannot be war- ranted by his maj''^' royall charter, granted to S' Fardinando Gorges, Kn', who was the first proprietor of sajd province, and the right whereof is now invested in ourselues. These are to signify vnto you, that as wee haue taken order for the setling of government according to sajd charter, so our care shallbe for the protection & prouission in all respects, as in duty wee are bound, & for yo"' better incouragement and security, haue made a grant of a touneship vpon the northern side of your bay, and are consulting the peopling & improovement of the islands adjacent ; and on signiffication from yourselues of what is necessary by us further to be donne for the security of your peace- able setlement, shall giue the same a due allowance in our consultations, and make such concessions as may consist with his maj"'^ royall grant of sajd char- ter & your best good. Wee haue no more to add, but commend you to the guidance & proteccon of Him who is God AUmighty, and are Gent°, your loving freinds, SYMON BRADSTREET, GoQn'. By the order of the GoQno' & Company of y^ Massachusets Bay. Boston, in New Engid, 4 June, 1680. Cofiiittee for y« It is Ordered, that M' Bartholmew Gidney, Esq>, Cap? Joshua Scottow, at Casco. ^ ^^ Silvanus Dauis be a cornittee to mannage the affaires of the new plan- tation granted at Casco Bay, and are heereby impowred, for the bennefit of sajd plantation in building a fort, to sell one hundred pounds worth of land w^'in the sajd province. In ans'^ to the petition of M'' Deodat Lauson, in behalfe of Samuel Dogget, and for his returne, nothing was granted. In ans' to the petition of W" Penny, for his liberty to returne, the Court sees not cause to grant his request. Courts accept- The Court, hauing read the returne of our present honno'^* Dep* GoQn% thanks returnd Thomas Danforth, Es^, prsBsident of the Province of Mayne, & other gentle- toy'Dep'Go. jjigjj imployed in the setlement of government there, doe approove thereof, y" Provinc of and thankefully accept of their good service therein, & shallbe willing & ready to manifest the same, as occasion may present, in such suitable retribution as THE MASSACHUSETTS BAY IN NEW ENGLAND. 287 may euidence the reallity of our thankfulnes for their extraordinary pajnes & 168 0. labour therein, not doubting of his honno^'s readynes to be further serviceable ' ' . . . . 11 June. in anything wherein wee may haue occasion & himself oppertunlty so to doe. r#ooi -i *This Court, hauing taken into serious consideration the requests which courts order hath been presented by seuerall of the reQnd elders, in the name of the late f"' pnnt'ng y' ^ •' platforme of synod, doe approove thereof, and accordingly order the confession of faith discipline & agreed vpon at their second session, and the platforme of discipline, consented f^ith. vnto by the synod at Cambridge, anno 1648, to be printed for the bennefit of these churches in present and after times. Eight Honno'^i" : — In ours of May last (a coppy whereof hath since binn sent) wee gaue yo' lordship an account how farr wee had t]jen acted in observance of his maj'jes comands, conteyned in -his gracious letter of July, &6, wherevnto we haue now the following particculars to ad, & most humbly to represent as our farther progresse, in order to his maj'jes more full sattisfaction. In the matter of our lawes, wee haue appointed a comittee for theire revejw, to the intent that where any should be found repugnant to the lawes of England, or derrog- atory to his majestjes honnor & dignity, they may be repealled or amended, which wee hope in a short time will be effected. Concerning liberty of conscience, the denyall or streightning whereof to others is the great complaint of some against us, & that those who differ from us are, by lawe, subjected to fines & forfeitures for the same, wee must ac- knowledgethat a cheife designe of our ffathers & predecessors, in their coming ouer hither, was to enjoy a freedome in the matters of religious worship, accounting all the losses, hazards, difficultjes, & great labours of so vast a transportation, & of their first planting a wildernesse, not to deare a price for the same ; but that, after all, a multitude of notorious erro''s, hseresies, & blas- phemjes should, w"' impunity, be openly broached, nourished, & proppogated amongst us, as by the Quakers, &S, wee presiime his majesty doeth not intend ; and as for other Prottestant dissento''s, that carry it peaceably & soberly, wee trust there shallbe no cause of just complaint against us on their behalfe. As to termes of admission to the freedome of our company, al- though wee hvmbly conceive our charter doeth expresly give vs an absolute & free choyce of •our oune members-, yet, long since, in obedience to his majestjes pleasure, wee made voyd a former lawe that was thought to haue too great a restriction in it, & established a new *one for the future, w"*" doth [*282.] incapacitate no person who, being a flLreeholder, is also orthodox in religion, jiot vitious in his life, & who is rateable to the value of tenn shillings in 11 June. 288 THE KECOKDS OP THE COLONY OF 1680. a single country rate : other restrictions or qualliffications are not imposed by any law or order now in force. And that heerin wee may be the better vnderstood, & stand more cleare in in his majesties opinion, wee humbly declare that to be of a different perswasion from ourselues, in matters of externall worship, &, in particcular, to desire to serve God in the way of the church of England, is no part of that hethrodoxie in religion w* our present law concerning admission of freemen doth prouide against. Courts 24letter With refference to the Prouince of Majne, wee are heartily sorry that any to Rob'tEaile . „ ,.,,.,. , . . -,-^. ', . i ■ . of Sunderland actmgs 01 ours shouid DC displeasing to his majesty. His majesties decision one of his ma- ^f ^^^ (.jjjg f^^. ]yfr Gorges wee readily submitted to ; and after it had for j'jes principall" " *^ secretaries of about a twelue month been adjudged to belong to him, his heires & assignes, and accordingly by him during all that time offered to sale to many, nothing further in relation therevnto that wee knew of depending before his maj'je, wee then considered how many thousand pounds we haue expended in the service of that prouince, besides the losse of more then an hundred lives of those by vs sent fforth to deffend and saue it from vtter ruine by the late barbarious & bloody ennemy ; & being also well assured of the strong inclination & desire of the gennerality of the inhabitants of that prouince to come into a quiet, speedy, and easy settlement vnder those of whom they had so long & bene- ficiall an experience, rather then to runne the hazard of their charges, wee did mak a purchase thereof; and indeed wee knew no better expedient either for our oune reimbursing in part those so great charges lajd out vpon them, or for the preventing of further trouble both to ourselues & his maj'J'''' good sub- jects there, who, as heeretofore, (so) are againe become humble suppljants to his majesty by their vnanimous addresse, that they may be continued as now they are ; wherein therefore wee doe most humbly implore his maj*^ grace & favour. Hauing thus, right honno''^'*, with so much plainess, acquainted your honno'' w**" these our proceedings, wee hope that what wee haue already donn, & are still doing, will clearely speake for us, & make some good prooffe of our readyness to give vndenjed demonstrations vnto his majesty of that loyalty & obedience that wee acknowledge ourselues at all times bound vnto, which con- fidence wee are most hvmbly bold at this time to begg his majesties excuse, & [*283.] to hope for his gracious indulgence, that wee *wee haue not as yet sent ouer other agents to attend again in our concernes, and the rather for that wee vn- derstand his maj'J* & his most honno'^''''' privy coviicil are still taken vp in the same matters, of farr greater importance, which necessitated so long a deffer- ring of our late agents, and at length incljned his maj^J" graciously to dismisse them ; vnto which, by way of further apologje, wee haue, in trueth, to add 11 June. THE MASSACHUSETTS BAY IN NEW ENGLAND. 289 our present low condition, through the vast charges of the late warr, the great 16 8 0. debts yet abiding heavy vpon us, and the late wasting fier, happning in our principall toune ; all w'^*' renders it exceeding difficult for us so speedily to rayse & furnish the necessary disbursments of a new sending ; nor can wee omitt the great hazard of the sea, creating a backwardness in persons most suiteable to \)e implojed, wee hauing already lost fiue or sixe of our vessells by Turkish pyrates, and many of our inhabitants continuing at this day in miser- able captivity amongst them. Craving your honno'^s favo"^ in giving yow this seccond trouble, and a favo^'able representation of the import thereof to his majesty, w"* returne of our most humble thanks for the continuance of his gracious aspect and incljna- tion farther to establish our libertjes, the vnjust calumnjes of our adversaryes notwithstanding, w*"" our earnest prayers for the preservation of his royall person from all malitious & wicked designes, Right honno'^ble. Wee are your most hvmble servants. SYMON BEADSTREET, GoQ. In y" name of his maj'^^ Genii Court in y^ Massachusets colony. In answer to the petioon of the inhabitants of Sherborne, Maj' Tho Sauage Comittee as to and M"^ Bartholmew Gidney, Capt Hutchinson, M' Joseph Ljnde, & M"^ Joseph Cooke are by this Court appointed a comittee, and are requested to repajre to the sajd place, & setle all differences depending among sajd inhabitants, and give such directions as to them shall seeme meete for ordering of their pru- dentialls ; & what any fower of them shall agree vpon shall be valid, for the determining of such controuersies as are among them ; and what they shall doe heerein they are to make returne thereof to the present sessions of this Court, (w'='' y'y did, & is on file, not pfected). *There appearing something necessary to be farther don w''' refierence to [*284.] the setlement of Sherborne Toune & the well ordering the prudentialls Comittee to or- Ti /p 1 1 • 1 • ^^^ Sherborn thereof, and some dissatisfaction w''' reiierence to the placing the meeting prudentialls house, this Court, judging it necessary to remoove all obstructions that may °^ ^^^^^' hinder their quiet & peaceable proceeding, doe appoynt & impower Willjam Stoughton, Es^, Majo"^ Thomas Sauage, & Capt John Richards a comittee to order and gouerne the prudentialls of the sajd toune for three yeares next coming, as to laying out allotments, raysing of taxes, and building of their ministers & meeting house, leaving the matter of scittuation of the meeting house vntil the next sessions of this Court, to whom the sajd cofnittee are to make theire returne of what they shall find expedient therein. VOL. V. 37 290 THE RECOEDS OF THE COLONY OF 1680. *M the second Sessions of the Gennerall Court, held at Boston, the ' ' — ' 13^ of October, 1680. 13 October. r*285 1 •■ '-I Peesent, Symon Bradstreet, GoQ, Tho Danforth, Es^, Dep' Go, Rich Saltonstallj Es^, Daniel Gookin, Daniel Dennison, John Pynchon, Edw* Tyng, W" Stoughton, Joseph Dudley, Peter Bulkley, Nath Saltonstall, Humphry Davy, W™ Broune, Sen, Tho Sauage, Jn° Richards, Jn° Hull, Peter Tilton, James Russell, Bartholmew Gidney, Es^s, Assist'. M's of shipps, TTT is ordered by this Court and the authority thereof, that henceforth it s copes, c, j^ shal\ not be lawful! for any ship, sloope, ketch, or vessell, of more then twelve tuns burthen, to sajle out of any harbo"^ or port w*in this colony, or en- terteine on board thereof any passenger or passengers, or any servant or negro, w"'out the permitt of the Gouerno'^ for the time being, or such as he shall appoint to that trust, on poenalty of twenty povnds fine, to be payd by the master or skipper of sajd ship, ketch, sloope, or vessell that shall be convicted of transgressing hereof, and shallbe Ijable to sattisfy double damages to any that shall be injuried thereby, to be recouered by an action of the case. Troop's. This Court being informed of the great deiEciency gennerally found among the troopers, (some in one kind, & some in others, &6,) and for pre- vention of future mistakes in the law, tit Charges, Publick, wherein troopers clajme abatement as to their persons & horses being exempted, it is ordered by this Court and authority thereof, that henceforth all troopers (Excepting those who, by the first lawe, anno 1648, were allowed fiue shillings a man, 13 October. THE MASSACHUSETTS BAY IN NEW ENGLAND. 291 and the abatement of their head and horse, which is only to be vnderstood as 1680. to one single country rate) shall pay for their heads and horses, to all pub- Kcke assessments, as others doe, any law, custome, or vsage to the contrary notw^'standing ; prouided that such as listed themselues vpon the account of that priuiledge, hereby abated as to their head & horse only, shall haue free liberty to dispose of their horses, and list in the foote company againe. It is ordered by this Court and the authority thereof, that there shallbe Order about annually chosen, according to our charter, eighteene Assistants, besides the GoQno'^ & Deputy GoQno'', in manner ffoUowing : The constables of each toune shall giue timely notice vnto and warne their freemen to meet vpon the seccond Tuesday in March, yearely, who shall then put in their voates in distinct papers for such persons, being freemen, and resident in this juris- diction, whom they desii-e to haue chosen for Magistrates or Assistants at the next Court of Election, not exceeding the number of twenty, & all in one lyst clearely distinguished ; and no freeman shall put in aboue one vote for one person, vnder the penalty of tenn povnds for euery offence. And the sajd freemen so mett, or the *majo' part of them, shall then & there appoint [*286.] one to carry their voates, sealled vp, vnto their sheire toune vpon the last Wednesday ^ March, at twelv of the clocke, which persons for each toune so assembled shall appoint two of themselues, as coinissioners for each "shire, (Hampshire only excepted,) to carry them vnto Boston the seccond Tuesday in Aprill, at nine of the clocke in the morning, there to be opened and pervsed in the presence of the Gouerno'^ or Deputy GoQno', or so many magistrates as please to attend it, otheruise by those persons that brought them, at the toune house in Boston, or such other place as the comissioners for Suffolke shall appoint ; and all lists that exceed twenty, or haue one mans name more then once, shall be throune away, and those twenty sixe who haue most votes shall be the men, and they only, which shallbe put to voate at the Court of Election for Magistrates or Assistants, as aforesajd ; and the coimssioners of each shire shall forthuith signify to the constables of the seuerall tonnes within their county, in writing vnder their hands, the names of those twenty sixe persons aforesaid, w* the number of votes for each, which the constable of each toune shall signify to their freemen ; and as they haue more votes then others, so shall they be nominated for election, (except such who were magistrates heere- tofore, who shall haue the precedency of all others in nomination on the election day.) It is further ordered, that the constable of each toune shall call together their freemen on the Wednesday next before the election day, from yeare to yeare, when & where such as please may put in their proxies for election, viz*, of Goiino'', Deputy Governo', and all other publicke officers. 292 THE RECOKDS OF THE COLONY OP 1680. 13 October. [*287.] Imposts on *■ catle coming from yo colo- njes. in distinct papers, as formerly ; and for twenty Assistants to be chosen out of the twenty sixe persons in nomination by Indian corne, which proxies shall be sealled vp, w"" the name of the person written on the paper, and deliuered to the deputy of the sajd toune, or some other meet person chosen by the freemen, who shall bring the same to Boston on the election day, when and where all the freemen who haue not voted by proxie are required to appeare at the Court-house, by eight of the clocke in the morning, to bring in their votes as aforesajd, where the votes of the GoQno' & Deputy GoQno' are first to be opened and sorted, and the chosen proclajmed ; and then the votes for the twenty sixe persons chosen by corne to be opened & counted, and those eighteene who haue most votes are to be proclajmed Assistants for the yeare ensuing ; and all other gennerall officers to be chosen as formerly. More- ouer, all the votes that that are brought in for nomination and election shall be brought in by the person voting, or sent by the deputy or the constable *of the toune where such person dwelleth, or otheruise loose theire votes ; and if any person betrusted in this order shall fajle in discharge of his trust, he shall forfeite tenn pounds. It is further ordered, that the comissioners of each county, before they open their votes, and so all that are admitted to receive in, sort, & count the votes on the day of election, shallbe vnder oath, as the last yeare. This Court, being sencible that persons who belong to other colonjes or plantations doe, by their bringing into this colony, or selling to the inhabitants thereof, their neate catle, sheep, horses, & swyne, thereby filling vp our market, and incapacitating our oune inhabitants to sell what they breed and rajse, & pay duties 'for, whereby much of our money is exported contrary to our law, and no allowance made to this colony for such cattle, horses, sheep, &d, for prevention whereof for the future, — It is ordered by this Court & the authority thereof, that hencforth for all neate catties, horses, sheep, and swyne which shall be brought into this colony by any inhabitant of the other colonjes, or by any of this colony going forth & bringing any or all of the sajd kinds aboue mentioned, the sajd persons shall pay, by way of rate, in money, to the Treasurer of this colony for the time being, or his order, these ffoUowing rates, viz'; for all sorts of neat catle two shillings and sixe pence p head, for swyne of all sorts one shilling p head, and for for all sheepe or lambs sixe pence p head, and for all horse kinde two shillings sixe pence p head. And for the true and well eflfecting thereof, it is ordered by the authority aforesajd, that all sorts of persons, whither vendo'^ or buyer of any or all the kinds aboue expressed, shall and are heereby oblieged to make entry of all or any of the sajd kinds at the first THE MASSACHUSETTS BAY IN NEW ENGLAND. 293 toune of this colony through which they shall or may passe, on the poenaltjes 168 0. hereafter expressed, viz' : for all sorts of neate catle not so entred forty shil- ' '' ^ lings p head, horses twenty shillings p head, sheep & lambs fine shillings p head, swyne tenn shillings p head, in money, as abouesajd. And it is further ordered, that the clarke of the writts of euery toune, or such whom the Tresurer of this jurisdiction for the time being shall appoint in euery toune, shall be the persons, & they only, for the making such entrjss and for receiving sajd rates ; all which entrjes so made *by any of the persons so deputed shall [*288.] conteyne in them the number of each kinde, a true copy whereof they shall giue out to vendor or buyer vnder their hands of any or all of tha sajd kinde, "whjch alone shall be their security in passing through any of the other tounes of this colony, w"'out being liable to seizure of any or all the sajd kinds, in a booke, and stand obleiged vpon his or their oathes to make a true returne to the Tresurer of this colony tuice in the yeare ; and all fees for their entry shall be three pence for an entry, and three pence for a copy, and pajd by the party, and twelue pence in the pound out of the money received ; and that euery informer, vpon any deffect therein prosecuting to effect, shall haue one third to himself, the rest to the country. And this law to be in force on the twentjeth of November next. For explanation of the law, tii Caske, Cooper, Gauger, Packer, the law Order as to for caske is to be vnderstood, butts one hundred twenty sixe gallons, pun- "^^ ^' cheons eighty fower gallons, hogsheads sixty three gallons, terses forty two gallons, barrells thirty one and an half gallon, et(3 ; and the inspection thereof shallbe, and is hereby, added to the gangers of each toune, as he is, and shallbe, from time to time, vnder his oath for the true performance of the same, according to all the particculars specified in the sajd law. It is ordered, when any clerke of the writts shall grant attachments in a ciarke writts civil case to any plantiffe lying in goale vpon execution for debt, he shall '" '^j'^" secur'y require sufficient security to answer the deffendants costs, as in case of ™ dures. strangers. Since it hath pleased the God of all our mercjes to manifest his tender a day of compassions towards his people in this wilderness, both by former & latter ^" sg>^'"S- dispensations of his prouidence, remembring mercy in the midst of judgments, which wee haue had experience of; hauing this yeare also blessed us w"" peace & health in a gracious measure, & hath not given us cleaness of teeth & want of bread in all our places, but hauing obteyned help from God, wee continue to be his people still, and in the full enjoyment of all our libertjes, both ciuil & sacred, for which invaluable mercjes wee can neuer enough prayse the God & Giuer of them ; considering also, that solemne thanksgiving 294 THE RECOKDS OF THE COLONY OF [*289.] A day of hu- milUation 16 Deceinb., 80. Coinittee, as formerly, to re- vise the lawes. Dd to Gou. SufFolke reg- ment divided ; Boston 1, y other tonnes y IK W^Stoughton, Esq', sarg' ma- jor, sent to M' Clark. is a duty pleasing to the Lord, who hath sometimes lett us see tokens for ^ood as euidences of Ms gracious acceptance, through Jesus Christ, when wee haue, through him, been giving thankes vnto his name ; this Court doth there- fore apoint the 25th of November next to be kept as a day of publick thanks- giving throughout this jurisdiction, * throughout this jurisdiction, exhorting all the ministers, churches, & people therein, to endeavo'' that it be religiously, & w"" all due solemnity, observed, that so the Lord our God may haue the prajse and glory of all those great things which he hath donn, & doeth, & wee trust will doe for his poore people, heereby prohibbitting all servile labo' on sajd daj* This Court doth appoint the 16"^ of December next to be kept as a day of solemn humilljation throughout this jurisdiction, prohibitting the inhabit- ants therein all servile labour, and heereby exhorting all the Lords remem- brancers to be earnest with him in prayers for all in authority ouer the nation, for the king vpon the throane, for the Parljament, (if sitting,) and for all the deare people of God in England, Scotland, & Ireland, and that all humbling dispensations towards us in these ends of the earth may be sanctified, & that God would yet, for his names sake, continue our libertjes, both civil & spirittuall. This Court, hauing in May last appointed a comittee for the reuisall of our lawes, & nothing of that nature being yet donn, it is ordered by this Court, that the comittee formerly appointed for that worke doe effectually apply themselues to the same, and make returne of what they doe therein to the next Court of Election, and that the charges of this worke be defrajed by the country Tresurer. For the better regulation of the militia of the county of SufFolke, it is ordered by this Court and the authority thereof, that the regiment of SufFolke, at present vnder the comand of Majo'' Thomas Clarke, be divided into two regiments, in manner fFollowing, viz* : that the eight companyes in Boston shall henceforth be accounted a regiment of themselues, and all the troopers vnder the comand of Cap? Thomas Brattle to belong to the sajd regiment, and continue vnder the comand of sajd Majo"" Clarke ; and it is further ordered, that the rest of the tounes in sajd county, viz', Dorchester, Roxbury, Wey- mouth, Hingham, Braintry, Dedham, Medfeild, Hull, Melton, & other smale villages in sajd county, shallbe anothef regiment, and all the troopers in Hingham troope, lately raysed, to belong to the sajd regiment ; and the sajd regiment to be vnder the comand of Majo'' W"" Stoughton, Es^, & he to haue comission accordingly, any law, vsage, or custome to the contrary not- w^standing. 13 October. THE MASSACHUSETTS BAY IN NEW ENGLAND. 295 *For the better regulation of the militja in the county of Midlesex, and 16 80. for ease of the people that Hue in that county, it is ordered by this Court and the authority thereof, that the regiment of Midlesex, at present vnder the r^oqn t comand of Majo' Daniel Gookin, be divided into two regiments in manner jji^iggg^ di- foUowing, viz' : the tounes & companies of Charls Toune, Cambridge, Water "^^^^^ ™*° *"° regiments, y' 01 Toune, Cambridge Village, Wooborne, Maulden, & Redding, w*'' the troope chars Tonne, vnder the comand of Cap? Thomas Prentice, or any other troopes that may be -J^^, ^^ ^^^ heereafter raysed in those tounes, shall be one regiment, & continue vnder the i"- comand of Majo' Gookin, Es^. That the tounes & companjes of Concord, Sudbury, Marlborow, Chelms- yothertounes ford, Billirrica, Groaten, Lancaster, & Dunstable, w*^ the troope vnder the B„i]jie°'^ comand of Capt Thomas Hinchman, or any other troope that heereafter shallbe raysed in those tounes, be another regiment, and vnder the comand of Majo' Peter Bulkley, Es^, any law, vsage, or custome to the contrary notw""- standing. And it is ordered, that the tounes of Charls Toune, Ipsuich, and New- Charis Tonne, bery be also diuided as the law in that case hath prouided. Newbery be For the better regulation of the militia in the county of Essex, and for dimded. Essex regi- ease of the people there that liue remote in that county, it is ordered by this ment diuided, Court and the authority thereof, that the regiment of Essex, at present vnder jp°' ^^ ^. the comand of Majo' Gennerall Dennison, be diuided into two regiments, in Denison. manner & forme foli, viz' : — That the souldjers in Ipsuich be divided into three companyes, & the souldjers in Newbery into two companyes, and the sajd companyes in Ipsuich, together w'*" "Wenham, Salem Village, Beverly, Glocester, Salem, Marblehead, & Lynn, to be hencforth a regiment, & all troopers w* either are or w"'' hereafter shall be Ijsted in sajd tounes to belong to the sajd regiment, & con- tinue vnder the comand of the sajd Majo' Gennerall Dennison. And it is further ordered, that the rest of the tounes in the sd county. Major Nath. viz', Newbery, Kouley, Bradford, Andiver, Topsfelld, as also Salisbury, Amesbury, & Hauerill, together w"" such troop's as either are already or which here after shallbe listed in sajd tounes to belong to the sajd regiment, & that the sajd regement to be vnder the comand of Majo"' Nathaniel Salton- stall, and he to haue comission for y^ seccond diuission accordingly, any law custome, or vsage to the contrary notw'^'standing. [*29L] *It is ordered by this Court & the authority thereof, that the trajned ^^^J^'^^J^o^be band at Charles Toune, vnder the comand of Cap? Hamond, be parted into diuided, &£, . rp ^ setled by M' two companjes, w"' as much sequality & conveniency as may be, and it is rettered Gookin, &c. 13 October. 296 THE RECORDS OF JHE COLONY OP « 1680. to Majo'" Gookin, James Russell, Escps, & Cap? Hamond, to order the divission thereof accordingly, which being effected, Cap? Hainond is to make his chojce, and the other company shall be vnder the comand of such coinission officers as this Court shall appoint ; and this affajre to be setled before the first of May next. Order as to i It is Ordered by this Court & authority thereof, that there shallbe fower 2 mony & 2 in Country rates payd for this yeare, two in money, one of them to be wholly come, &0. improoved towards the payment of what money there is yet due to the late Order as to troopers rate- Tresurer, & not otheruise, the other two country rates to be in country pay, and '"^' all sortes of come payd in the sajd two rates to be at these prizes ffollowing, viz* : wheate at fiue shillings, barly and barly mault at fower shillings, & rye at fower shillings, & pease at 4, Indian at three shillings, oates at two shillings p bushell, all to be good and merchantable corne, & the barly to be pajd to the Tresurer, or his order, before the first of Aprill next ; and all other thing pajd in the country rate be at mony prize, prouided that no leane catle or horses shallbe pajd in sajd rates. And it is hereby further ordered, & the selectmen of euery toune w'^'in this jurisdiction are hereby enjoyned to rate all not freed by law for theire estates ; and also, all troopers w"'in their seuerall tounes, in proportion with other men, both for their persons, horses, & other estates, excepting such as are exempted by a law made this present session, which is only for one single country rate in a yeare, & that in country pay, and that what money or other country pay shall be advanced vpon this account to be duely returned to the country Tresurer, and he to giue the country credit for the same ; and this order to be forthuith printed & published by sending of it to the seuerall tounes. County Courts It is Ordered, that the County Court to sitt in Boston on 3^ day next, a J^"""" ° being the 26 instant, by reason of the weighty occasions of the country now in hand, be adjourned to the 9"^ of November next, at eight of the clock, and all persons concerned are to take notice thereof & attend their concernes ac- cordingly. [*292.] *In ans'^ to the peticon of M"' W"" Taylor, Cap? Elisha Hutchinson, and Ans' to M' M"^ John Scarlet, administrator's to the estate of the late Free Grace Bendall, Taylor, &C, ad- . . ministrators to humbly desiring the favo"^ of this Court to strengthen them, by their authority, ' Z",".^ to make sale of his the said Bendalls house & land, that it may not be rent estate, tueir *" ' j peticon. away in smale peeces by executions, &S, the Court judgeth it meet to grant their request. Haiiowells & In ans"" to the request of Anthony Cheekly, atturney of W™ Hollowell, Butlers case to be heard, &c. Benja HoUowell, &6, the Court judgeth it meete that the case mentioned 13 October. THE MASSACHUSETTS BAY IN NEW ENGLAND. 297 relating to Stephen Butler, &d, to order that the case be heard the next sixth 1680. day, at nine of the clocke. Y* case was called, pties, pleas, & euidences heard, but came not to an issue, there being no voate, bee neither Goii nor Dep* GoQnor consented. The Tresurer, Cap? Jn° Hull, presenting his accompts to the Court, yr"'^ Comittee to iu- ' '^ ' ^ » _ ^ spect the late were pervse & accepted of by the Court, prouided that Cap? Bratle, Cap? Tr» accounts, Hutchinson, & Left Johnson, as a comittee from this Qourt, doe pervse the sajd accovnts, & that such exceptions as doe appeare or shall be rectified, and what they find to make their returne to the Court of Election. In ans'' to the peticSn of M" Margery Flynt, the Court doe judge, that Ans' to M» Margery Flints the payment & bond mentioned in the peticon appearing to the administrate'^^ peticon as to of James Pennymans estate to sattisfaction, the administrate'^ are heereby im- , , „- powred & ordered to passe deeds of sale in sajd Pennymans name. In ans' to a peticon of M'^ Margery Flynts peticon, w* she exhibitted to Ans' to M'» .. TT- ••jT Margery Flints this Court in May last, as explication & addition to that grant, it is ordered, peticon as to that the exhibbiting the euidence of such exchainged or purchased lands, of f^^T^^g*^ like value w"^ the lands of sajd Shepheards sold to the County Court for Suf- folke, sajd Court is impowred to allow & rattify the same. Whereas the Gennerall Court, in May last, in answer to the petiobn of Ans' to M" Margery Flynt M'^ Margery Flynt, widdow, & M' Josiah Flint, her son, were pleased to peticon. grant them Hberty to a lott of land lying in Braintry, neere a place called Smelt Brooke, lately belonging vnto the Reuerend M"^ Henry Flynt, teacher of the church of Christ at Braintry, deceased, w'^'^ land they sold before the death of M"' Josiah Flynt, now also deceased, late pastor of the church of Dor- chester ; but there being no deed made to the purchaser, nor the money yet fully payd, it is ordered, that M" Margery Flynt, the now sole execcutrixe of hir husband, M"' Henry Flynt, deceased, be & heereby is fully impowred to make a legall conveyance of the sajd lott to the purchaser, in as full an ample manner as if M'^ Josiah Flynt, deceased, the other execcuto% were living & passed the same deed ; provided allwayes, that the sajd estate be, by the next County Court of SufiTolke, setled, according to law, vpon & amongst the heires of the late M' Henry Flynt, & that the sajd Margery give bond to the sajd Court to performe their setlement & order accordingly. r*293 1 *Sarjant Isack Walker is appointed ensigne to Cap? Daniel Hinchmans j^^ waiker ensigne. In ans'^ to the petition of Peter Bulkley, Es^, as he is y° atturney ol M"' john Bretts John Brett, Sen, cittizen & merchant taylor, of London, the Court judgeth it ^^*'^™„^g'^|'" meete to grant the sajd M"^ John Brett two hundred & ifiuety acres of l^d 33", &5. VOL. V. 38 298 THE KECORDS OF THE COLONY OF 1680. -where it is to be found free of former grants, and not prejudicial! to any ^ — Y ■ 13 October. Ans' to Jn» plantation. In ans' to the peticbn of John Grout, Sen, of Sudbury, the Court judgeth Grouts pet. [^^ j^get to grant the peticoners request, i. e., liberty to purchase the lands mentioned, if it belongs to the inhabitants of Naticke. Ans' to Beuer- In ans' to the petition of the inhabitants of Beuerly, the Court judgeth it meete to grant the fbtitioners a further hearing of their Case the next fifth day at nine of the clocke, & that the secretary give warrant for the appearanc of all persons concerned then to attend the Court, w"^ was donn. The partie appeare, but, in fine, issued their case between themselues. Ans' to Hatt- In ans' to the petition of Samuel Patrigg, in behalfe of the toune of 15" remitted 'y« H^ttfeild, the Court judgeth it meet to grant their request in id peticbn, i. e., ■was form'iy g^ release of the payment of said fiueteene povnds. respitted. '^ •' •' ^ Order ab' a This Court hauing a case presented before them respecting vnto a parcell parce o to- ^£ tobacco Seized by M"^ Edward Randolph, and vnderstanding that there hath passed a legall tryall that the law hath not condemned the same, it is hereby declared, that the sajd tobacco shallbe forthwith deliuered to the right ouno", & ought not longer to be deteyned in the custody of the law. Ans' to Mary In ans' to the peticon of .Thonath Wells, son to Mary Belding, his Beldings peti- _ ... .,..,,-,. _., oii* CO. for Mr son Biothcr petitioning in his behali, being a wounded man, & by his wounds Jnth. Wells, j^^g^ g yeares & ^, the Court it judgeth it meet to referr the peticoner for re- comittee for leife to the comittee for wounded men. Ca ' Peter Lef ? Pen Tounsend is appointed capt of the military company in Boston Tounsend. -v^rch Humfry Dauy, Esq>, was chosen formerly vnto. Courts jiidgm' The Court judgeth it meet to order, that no alljenation shallbe made intor M' Graf- ton & M' of the reuersion of the sajd Lawthrops lands & houses by the heires of Cheeuer. ^.j^g ggj^j Lawthrop during the life of his relict widdow ; but in case there shall appeare need for her releife, she may make hir application to the Court of that county, who shall & are heereby impowred to order the sale of any part thereof, as to them shall appeare necessary for the ends aforesajd. [*294.] *Iii ans'^ to the petition of Sarah Foster, relict of the late Thomas Foster, Sarah Fosters, of Cambridg, humbly desiring this Courts favo' to grant hir power & liberty to sell a smale house and land, left by j" sajd Foster, in Roxbury, for releife & supply of hirself and children, the Court judgeth it meet to grant hir request, so as the peticSner take the advice & consent of our present honord Ans' to M-. Deputy Goiino' & M' Joseph Dudley. HestherFlynts r j peticon. . In ans"' to the peticSn of M'= Hesther Flynt, relict widdow of the late THE MASSACHUSETTS BAY IN NEW ENGLAND. 299 M' Josiat riynt, of Dorchester, the- Court grants the peticbners request, 16 80. power to grant & scale deeds, so as she take & haue the aduise & consent of '' ' ,^^ „ 13 October. W-" Stoughton, Es^. In answer to the peticSn of Newbery, refferring to the schoolemaster Ans' to New- there, this Court doth order, that M' Emerson, present incumbent in sajd M' Emerson schoole, continew, vpon the grant of this Court, vntill the next Gennerall oo'^t^ued, &c. Court, and that then there maybe further consideration thereof, in case the toune be still vnsattisfied, and that the threescore pounds ordered by this Court be pajd to sajd Emerson accordingly. It is heereby ordered, that Majo"" John Pynchon doe forthuith, and w*'^all Major Pyn- expedition, repajre to Albany, and desier the advice & assistance of S'' Edmond ^ Albany. Andros, Governo"^ of New Yorke, and endeavour to prevent the insolencjes & outrages that haue of late beene perpetrated by the Macquas in these parts of the country, so as for the future the peace of this colony maybe majnteyned & preserued ; & for the manner of their proceeding therein, he shall attend the order & instructions given him by this Court. The charge of this affajre to be supplied by the Tresurer, prouided M' Phillip Smith or M' Jn"*^ Eussell, or whom Majo"^ Pynchon shall choose, be the men. * To Majo' Jn" Pynchon. Yow shall w"" all expedition, with suiteable attendance, repaire to Al- Major John Pyncbo. co- bany, and by the assistance of S' Edmond Andros, or, in his absence, w™ Mission, those that are impowred vnder him at Albany, to speake w*'' the Mohaukes, and acquaint them with our sence of their late actings towards the Indians & English in this jurisdiction, and treate with them according to the instructions given yow ; & for your so doing this shall be yo' warrant. ♦Instructions for Majo' John Pynchon & A B. [*395.] Major Pin- Gentlemen : chons instruc- Yow are, w"' all convenient speede, to addresse yourselves, with servants tionsaa to the ' Macqnars. as may be to accompany, and take a journey to Fort Albany, and there, with the aduise and assistance of the honno'^*^^ S"" Edmond Andros, Governor of the Province of New Yorke, to endeavour a treaty w"" the sachems and people called Maquars or Mohaukes, in order to the stopping of any invassions, depredation, & insolencys towards our neighbors, Indians and fireinds, that Hue w^in this jurisdiction ; in particcular, that yow declare to the Macquars the following particculars : — 300 THE RECORDS OF THE COLONY OF 1680. 13 October. [*296.] 1. To informe the Macquars sachems of the injurjes wee & our ffreinds haue receiued from some of the Macquars, or some that pretended to be Mac- quars, that did accompany some of our ennemjes the last summer, and to enquire whither it be knoune to them. Wee did hope they would not hane allowed any such thing, hauing put great confidence in the conclusion made at Albany, Aprill, 1677, or that they haue not attended to, or rightly vnder- stood, the agreement then made w"^ the English, wherein it was expresly agreed not to injure or molest the Indians lining neare us, & in freindship wjth the English. 2. That it is very ill resented by the English that they haue broke that couenant, and uithin this three yeares last past killed & captivated aboue sixty of our freinds & neighbour Indians, w*''out the least injury donne by them, and also haue in this interim don wrong to the English in killing catle, and robbing houses, and marching in an hostile ^ into some of our tounes ; and though wee sent messengers to them aboue two yeares since, mannifesting our dissatisfaction, and requiring the deliuery of the Indian captiues taken in June, 1678, at Magunchog, vnto which they returned dilatory & dissatisfactory answers. S'y. You shall fully acquaint them, that wee doe expect that they leaue further to disquiet any of our Indeans w'^n the Massachusets colony. 4}^. In case they shall refuse a complyance heerewith, yow are plainely to declare to them, that wee cannot, in honesty & faithfullnes, any longer w"^hold the Indeans from vsing the vttermost of their strength jointly for theire oune defence, and that wee shall account theire further procedure in a way of hostility with the Indeans vnder our gouernment & protection a con- tempt of this our freindly treaty w"" them, and wee shall judge ourselues obleidged to consider *of such future measure as may consist w**^ our owne interest and their preservation. 5'y. Yow are to desier the surrender of such Indians, captiues, that are aliue, which they tooke in these parts that were our freinds. 6. If they shall promise to performe what is heerein desired, then yow are impowred to present them such a gratuity as yow think meete. 7. In case any thing present in this matter for the advantage & accomo- dation of the English interest, wee leaue the mannagement of that matter to yo' wisedome & prudence to doe as yow thinke best. Ans' to John Rootes peti- tion. In answer to the peticSn of John Eootes, late comissary at Westfeild, the Court judgeth it meete to order the Tresurer of the country to pay vnto THE MASSACHUSETTS BAY IN NEW ENGLAND. 301 him, the sajd John Eootes, fowerteene pounds, in or as money, in full of all 1680. demands. ' '^ In ans"" to the peticbn of Roger Billing, Alexander Marsh, & Moses ^^^, ^^ ^^ ^^ Belchar, the Court judgeth it meete to refer the whole matter of their Billings peti- . ,^ ■ oon, &c. peticon to the next County Court for Suffolke, to examine what land is necessary to be sould for the payment of just debts ; who are also heere- by impowred to order the sale of so much as they in their wisdome shall see meete. Jacob Nash is allowed & appointed quarter master to the Hingham & Jacob Nash, Weymouth troope. i'*'""'- In ans' to the humble request of Martha, relict & administratrix to the Ans' to Mar- estate of Jacob Newell, of Roxbury, desiring power to make a deed to jj^J^j, ^^^^ Thomas Lyon of a smale parcel of land hir husband sold, & received pay for '^"" it, the Court grants hir request. In ans' to the peticon of Mary Mitchel, the Court sees no cause to Ans' to Mary ,. , .,,. ,. ., , Mitchels peti- grant nir request, the case mentioned haumg not bmn revejwed or an appeale g„jj_ made on it. Humphry Davy, Esq!>, John Richards, Esq>, Capt Elisha Hutchinson, Comittee about appointed, w"* Edward Rawson, secretary, a comittee to pvse the acts of this j^^^^ ^^ ^^^ Court & the lawes, & determine what to send out to the presse. presse. In ans'^ to the petic6n of Obadiah Emons, the Court judgeth it meete to Ans' to Obadi- . . ah Emons pe- referr the petitioner to the County Court of Suifolke for releife, if he hath tiSon. had any wrong, who haue full power to act in all such cases. *In ans"" to the petition of George & Jn° IngersoUs, this Court confirmes [*297.] to the petitioners the sixty acres apeece granted them, as they expresse in ^°"^^ ° their petition, and doe reiferr it to the praesident-of sajd province, on such toGeorg* Jn» . i» • 1 IngersoU a pefi. sequall conditions as he shall see meet, to grant them accomodation of tjmber for their milne. In ans' to the peticSn of M'' James Allen, humbly desiring a further Ans' to M' James AUins setlement, &8, the Court judgeth it meete to referr the peticbner for releiie to peticon. the comon law. 302 THE RECORDS OF THE COLONY OF 1 680-1. *Mt a speciall Gennerall Court, called by Warrant from Order of the '^ ' Gou^'if and Council, on Reception of his Maf'^ Letter rece'' »"■ 4 January. r*298 1 *^'' ^^' ^^ ^^^•' ^^' ^ ^^^^ ^* Boston, y" 4*" of January, 1680. Pkesent, Symon Bradstreet, Es^, GoQ, Tho Danforth, Es^, Dep' GoQ, Kich'i Saltonstall, Daniel Gookin, Daniel Dennison, W"" Staughton, Joseph Dudley, Peter Bulkley, Humphry Dauy, • Es^s. W" Broune, Tho Sauage, Jn" Richards, John Hull, James Russell, Barthoi Gidney, The names of y^ deputjes retourned to srve at y' Court were, - M' Jn° Putman, Sai. M' Joseph Lynd, M"^ Jn° Cutler, Cha To. M"' W'^ Sumner, Dorch. M"" Antho Stoddard, Cap? EUsha Hutchinson, Bosto. M' Edw* Morris, M' Joseph Grigg, Roxbury. M' Symon Stone, Water To. M"^ Edw Cakes, M"^ Joseph Cooke, Cambridg. M"" Andrew Mansfeild, Lyn. Maj' Samuel Apleton, M"^ W'^ Goodhue, Ipsuich. M"^ Nicho Noyse, M' Richard Bartlet, Newfe. Cap? Jn° Holbrooke, Weym. M'' Dani Cushing, Hing. Cap? DanI Fisher, Ded. Capt Edm" Goodenow, Sudbur. Maj-^ Rob' Pyke, Salisb. M"^ Peter Ayres, Hauef. M' John Fiske, "Wenh. Ens Tho Chandler, Andev''. THE MASSACHUSETTS BAY IN NEW ENGLAND. M"^ Jn" Broune, Bead. Lf? W"^ Johnson, Ens Jam Convers, Woobo^ M' Jn° Peirson, M' W^ Tenny, Rowl. Cap? Geo Barber, Meadf. Capt Ric Bracket, Brant. M'^ W" Steevens, Glocest'. Capt Jn" Wayte, Mauld. M' Abrah Willjams, Marlbof. M' Jn° Dodge, Beuer. Capt Sam "Ward, Marblh. M' W™ Blake, Milton. M"^ Sam Worcest', Bradford. 303 16 80-1. 4 January. 6 January. 11 January. AT the meeting of the Court the Gove^no^ acquainted the Court w* the grounds of their convention, presenting his maj*^" letter, & causing it to be read in full Court as mett, w"'' letter John Mason, Es^, brought, being dated the 30"^ of September, 1680. The Court adjourned till the morning, at eight of the clocke. The Court met the 5* of January, 1680, & so mett, and adjourned diem p diem, hauing debates & consideration of the things then incumbent. 11"^ day of January, 1680, the Court mett, at 8 in y* morning. M' Samuel Nowel is allowed thirty pounds, money, to be pajd by the Tresurer, & is in recompence for his service donne to the country in the late Narroganset warrs, and in England, and this last summer in the Prouince of Mayne, as also for money disbursed at Connecticot, &6. 12. The Court judgeth it meet to order the secretary to transcribe a true 12 January, copie of his majestjes last letter, of 30"* September, 80, & deliuer it to the majo*^ gennerall & magistrates of the county of Essex, to make signiffication vnto the tertennts w">in the precincts of M' Masons now clajme of his majes- tjes pleasure conteyned in the sajd letter, being covened at Ipsuich or New- bery, & this w*^ all conuenient speede. Whereas, notw'^'standing what hath alrady past this Court concerning the revisall & amendment of our lawes, respecting such things as are objected against them from England, &6, yet nothing is effected, the effectuall pi-oceed- ing therein being no smale part of the worke of this Court respecting our agents to be sent to England, it is therefore ordered, that the remayning part of that coinittee, viz', Joseph Dudley, & Peeter Bulkley, Es^s, M' Stoddard, & Cap? Hutchinson, together w"* John Richards, Es^, M' Joseph Cooke, & M' Joseph Lynde, the senio' magistrate appointing time & place, as a comittee. 304 THE RECORDS OF THE COLONY OF 12 January. 168 0-1 . apply themselues to that worke, and make returne thereof to the next adjourn- ment of this session, any former order notw"'standing. To the end there may be a present issue put to the matters now vnder con- sideration, it is ordered by this Court, that messengers or agents be chosen by papers by the whole Court mett together, to goe for England, and that the coinittee chosen draw vp instructions for the sajd messengers or agents, & an addresse to his majesty to carry with them, so as they be approoved of by this Court. *W" Staughton, Es^, and Samuel Nowell, Es^, were the persons so chosen to be our agents, and that this Court be adjourned to the last Twesday in February next, at nine of the clocke in the morning, w"*" was donne ac- cordingly by the Gouerno'. [*299.] 22 February, jltt a Gennevall Court, held at Boston, 2^ Sessions, from 4"' Janu, 8f held at Boston on y'l' Mjor"" 22"" of February, 1680. Pkesent, Symon Bradstreet, Es^, Gove', Thorns Danforth, Escp, Dep' Gov'', Daniel Gookin, Daniel Dennison, "W™ Staughton, Joseph Dudley, Humphry Davy, Tho Sauage, Jn° Richards, Jn» Hull, Sam Nowel, James Russell, Bartho: Gidney. 16 March. THE Court mett at the tjme, and after their consideration of what was before them, adjourned to the 16 of March at nine of the clocke, & so proceeded in the consideration of their weighty affaires, bein then mett diem p die. Whereas some persons, on misunderstanding the lawes formerly made y« inw, tit. In- against selling armes & amnitions to Indeans, haue binn ready to transgress deans, as to , , jo gunns, &c, re- in that matter, this Court therefore sees cause, & doe heereby revive that law, title Indeans, sec? 2, strictly inhibitting all persons from giving, selling. Penalty as to THE MASSACHUSETTS BAY IN NEW ENGLAND. 305 bartering, directly or indirectly, gunns, powder, shott, lead, armes, or aminition, 16 8 0-1 . to any Indean whatsoeuer, or mending or repayring gunns, &d, as in sajd law " ^ ' is expressed, on the paines & poenaltjes therein contejned, any law, custome, or vsage to the contrary notwithstanding ; provided alwajes, that it shallbe lawfull for our coinissioners of these colonys for the time being, by a noate vnder their hands, to allow to our freind Indeans, for necessary vse, smale quantities not exceeding halfe a pound of pouder to one man at one time, and proportionable shott or lead. As an addition to the law, title Inkeepers, section the first, it is ordered An adition to y^law, tit. In- by this Court and the authority thereof, that for the future the selectmen of keepers. all tounes shall approove of all persons to be licensed before licence be granted to any of them by the County Court to keepe such publick house, or be re- tayler of strong licquors in any of the sajd tounes, & all persons shall an^i^ ually renew their license at the spring Court in their respective countjes. 2. Before any license be granted, the grand jury shall bring in their pre sentments, and in case any licensed persons shall be presented or prosecuted by the selectmen, or any other, for transgressing the law referring to *such [*300.] persons, and be legally convicted, besides the poenalty which the law appoints as a punishment for their misdemeano"^, their license shall not be renewed vntill the fine be payd ; and vpon a seccond conviction, they shall forfeit their license ; and the persons annually licensed, after the first day of October next, shall not exceed, i. e., in Boston, sixe wine tauernes, ten inholders, and eight retaylors for wine & strong licquors out of doores ; in Salem, wine tauernes two, inhoulders fower, retajlers for nine & strong licquors fowre ; in Charls Toune three publick houses and one retajler for nine, &6, out of doores ; in Ipsuich, two publicque houses and one retayler for wine; in Glocester, two ; Lynn, two ; Hingham, two ; Newbery, two publick houses ; and in no other toune in this jurisdiction more then one such publick house or retayler. 3. It is hereby declared lawfull for any of the County Courts to punish the transgressors of this law by fine, imprisonment, or corporall punishment, not exceeding ten stripes for the first ofience. In answer to the petition of the coinissioners and selectmen of Bos- 3 deputjes may . _. . , , . be in Boston. ton in behalfe of the sajd toune, this Court judgeth it meete to grant to the sajd toune liberty for the future to send three deputjes to the Gennerall Court. Vpon the qusestion proposed to this Court by some of the Castle souldjers. Head mony, relateing to head money, it is resolued, that the head mony is to be allowed (.^^^-^^ j^^i. but for one rate only in the yeare. •'"^' 39 306 THE KECOKDS OF THE COLONY OP 168 0-1. As a further addition to the fowerth section of the law, title Touneships, it " ^ " is ordered, that the inhabitants of euery toune qualifiedj as in the sajd law is 16 March. Addition to y expressed, may chuse any of their toune for constables, selectmen, or jurors, laive for choyce although not rated as is expressed in sajd law; and such persons as shall be of constables. SO chosen, and officiating accordingly, shall for euer after haue free liberty to choose & be chosen to any of the sajd places and trust as any other of the sajd toune. Gomission offi- And it is further ordered, that all military comission officers, whilst in C6rs frcsdom from consta- comission, are free from being chosen constables in this jurisdiction. ^^^^- It is ordered by this Court & the authority thereof, that the late law Late law as to i i' i i • i i. troop's re- made in October last relating to troopers shall be henceforth, and is hereby pealled. repealled. [Pages *301 and *302 are blank.] [*303.] *Joseph Dudley, Es^, is chosen & appointed to be sarjant major of all Joseph Dud- ji jj^ tounes in the county of SufFolke, (Boston excepted.) ley, Esq', sar- •' ^ c j jant major. John Whitman, who hath binn long an ensigne to the flfoote compa of "° 'V"*" Weymouth, being aged, sicke, & weake, & neuer like to come into the ffeild Ephraim any more, humbly craues the Courts favour for a dischardge. The Court grants ot"wevmouth ^^^ request, and doe heereby appoint Ephraim Hunt, Juii, to succeed him in that place. Comissions to For prevention of any inconvenience w* respect to the coinission officers lef & ensi ^^ ^^^ company lately vnder y" comand of Cap? W™ Hudson, sajd comissions latly under being Under him as capt, it is ordered, that the said commissions be renewed Cap' Hudson, ° ^ „ . &c. to them as vnder M' Jn° Walley, now capt of sajd company. Ans' to y« sec- In an ans'' to the humble motion & request of Edward Rauson, it is ordered, 34" added for *^^^ *'^^ fowerteen pounds the Tresurer demands of the secretary be chardged pubhc writmg, ^q j-j^g countrys account, & that the Tresurer pay him twenty pounds more in 14 of w' left in '' _ _ _ _ ^•' _ •'^_ 74 & 20» for y country pay, & this to be in sattisfaction for extraordinary service donn, as in the petiobn, besides his sallery. Daniel Trauis, Daniel Trauis, being appointed cheeife gunner in the toune of Boston, to Boston, sallery salute,. shipps, & looke after the artillery, who hath spent much time therein, 5'' p' annu. m j^g^^ ^^ recompence hitherto, it is ordered, that for the future he be allowed country pay. out of the tresury fine pounds p annu in country pay, his time to coinence from the first day of May last. In pursuance of an order of the Geiill Court, dated 13 October, 1680, impowring us a comittee to part the trayned band at Charls Toune into two companyes, wee haue accordingly made as sequall & convenient diuission as wee could, each company consisting of aboue one hundred men, lysted THE MASSACHUSETTS BAY IN NEW ENGLAND. 307 souldjers, & Captaine Hamond chose one of the sajd compa, together w*'^ his 168 0-1. clarke, M' John Newell, to whose hands the sajd lyst is coinitted ; & the roule ^ ' of the other company, as it is lysted, was also left in the sajd Newells hand, desiring the honnord Court will appoint coinission officers for that company, & also confirme or appoint a leiftennt & ensigne vnto Cap? Hammonds com- pany, w"'' are not at present put into either lyst. DANI: GOOKIN, Sen, JAMES EUSSELL, LAU« HAMOND. *For the better & flfynall setlement of the two military companjes in [*304.] Charls Toune, as now diuided by the order of this Court, w"'' id diuission is F^aii setle- ment of y» 2 allowed & approoved of by this Court, — compan» of It is ordered, that Capt Lawrence Hamond be captaine of the first com- ' ^ ... . Cap'Lau.Ha- pany in Charls Toune, & that John Phillips be his lefteniit, and John Call his mod cap«, Jn« Phillips leiP, ensigne. j^o caii en- And that Capt Richard Sprague be captaine of the other company, and ^'sne, to y i" that John Cutler, Sen, be his leftennt, & Joseph Lynde his ensigne. muh^ Sprague And that the secretary issue forth comissions to the said officers ac- "^p' "^ y° 2* •' ■' compa., &o. cordingly. It is ordered, that W™ Haskall be leiftennt, & James Dauis, Sen, his Military offi- ,,,.„, on _. . . cers for Glooes- ensigne to the trayned band in (jrlocester, & that comission issues out ac- tej., "W" Has- cordingly. ^^^^ ^'^- , In pursuance of the resolue of this Court to send two agents for Eng- Jn» Richards, land, John Eichards, Es^, is chosen & appointed to be the other agent in the roome of W™ Stoughton, Es^. It is ordered, that there be a quarter of a single country rate raised for 1681. the present supply of our agent or agents, to defray the charge of the man- ' v ' „ . , , ,,,„.,. 29 M'ch, 1681, nagement of the countrys attajers they are chosen to, w"" rate snaiibe pajd in j ,^4^ mony by the last of Aprill next. In ans"^ to the petition of the comittee of Marblehead, Moses Mauerick, Comittee of TVE '111 pli p 3.Q ^ Sam Ward, Eichard Norman, & John Legg, humbly desiring the remittment gneof io«, 5» of their fine of tenn pounds for not complying w"i the order of y" majo' ""ly remitted, genu'll, for not sending their number of souldjers in the time of warr, the Court judgeth it meete to remitt the one halfe of the sajd fine. [Page *305 is blank.] 308 THE RECORDS OF THE COLONY OF 1681. *Att a Gennerall Court of Elections, held at Boston, IF' May, 1681. of ^ & Majo'' Gennerall. 1°' & comissioner 2 comissioner. (YMON BRADSTREET, Es^, was chosen Gouernor ffor the yeare ensuing, & tooke his oath. Thomas Danforth, Es^, was alike chosen Deputy GoQno'", & tooke his oathj 1 comission reserv. Richard Salton, Es^, was chosen an Assistant, Daniel Gookin, Sen, Es^, was chosen an Assistant, Daniel Dennison, Es^, was chosen an Assistant, John Pynchon, Sen, was chosen an Assistant, William Stoughton was chosen an Assistant, Joseph Dudley was chosen an Assistant, Peter Bulkley was chosen an Assistant, Nathaniel Saltonstall was chosen an Assistant, Humphrey Davy was chosen an Assistant, W"^ Broune, Sen, was chosen an Assistant, Thomas Savage, Sen, was chosen an Assistant, John Richards was chosen an Assistant, John Hull was chosen an Assistant, Samuel Nowel was chosen an Assistant, James Russell was chosen an Assistant, Peter Tylton was chosen an Assistant, Bartholmew Gidney was chosen an Assistant, Samuel Apleton was chosen an Assistant, Esqps. & Tresurer. Edward Rawson was chosen Secretary. Salem : M'' Samuel Gardiner, 1 s. Charls Tou : Cap? Lawrenc Hamond, 1 s. Gap? Richrd Sprague, 1 s. Dorchester : M=^ W™ Sumner. Boston : M"^ Antho Stoddard, Capt Elisha Hutchinson, M' Elisha Cooke. Roxbury : M'^ Edw* Morrice. Water Toune : M' Symon Stone. Cambridg : M' Edward Cakes, M' Edw* Winship. Lynn : M"" Andrew Mansfeild. Ipsuich : M' W°> Goodhue, 1 s, M' Jonath Wade. Newbery : M' Richard Bartlett. THE MASSACHUSETTS BAY IN NEW ENGLAND. Weymoutli : Cap? Jn° Holbrooke. Hingham : Cap? Joshua Hubbard. Dedham : Capt Daniel Fisher. Springfeild : M"' Joseph Pynchon. Concord : Cap? Tho Bratle. Salisbury : Majo"" Robert Pike. Hauerill : M"^ Daniel Hendricke. "Wooborn : Lef ? W™ Johnson. Glorcester: Left W"" Hascall. Braintry: Left Edmo Quinsey. Maulden : Cap? John Wayte. Eouley : Samuel Plat, 1 s. Northampton : Lef? W"" Clarke, 1 i. Hadley : Left Phillip Smith. Marlborow : M' Abraham Willjams. Meadfeild : Ensig Sam BuUejne. Beverly : Lef? Paul Thorndicke. Milton : M-^ Robert Tucker. At this sessions Cap? Daniel Fisher was chosen Speaker. *This Court, taking into their consideration the law, title Catle Rated, [*307.] made in October last, see cause to repeale the same, and it is heereby repealled Law ab« custom for catle re- to all intents & purposes, so far as it relates to such as are in confoederation peaiied, refer- • ■1 . ring to o' con- fosderates. The honnored Thomas Danforth, Es^, our present Deputy Gouerno"^, is Tho. Danforth, ellected & appointed prsesident of the Province of Majne for the yeare ensuing, dent' for y« Province of Majne. Majo' Pynchon, Majo' Sauage, & Sam Nowell, Es^s, w*^ Majo'^ Pike, Coinittee ab' Cap? Sprague, Cap? Wayte, & Left Johnson are appointed a coinittee to ff, ™^""^® inquire concerning the present state of the Prouince of Majne, & the setlemt of Fort Loyall, & to consider what is necessary further to be donne for the maintenance thereof, and to present the same to the Court forthw"\ 1. The return was for the province itselfe. Wee cannot as yet, by any Their rc-tume. inquiry, satisfy ourselues so as to give information to the Coiirt what it may produce. 2. For the fort, wee aprehend ^ needfuU that it should be continued or defended, both for the securing of the people in these parts against the Indians 310 THE KECORDB OF THE COLONY OF and any bad neighbours, & also from the encouragement that people take from it to replant themselues there, 3. In order to the majnteyning or defence of that fort & place, wee judge there cannot well be less then thirteen men, viz*, a captaine, a sarjant, a gun- ner, & tenn private souldjers. 4. Wee are informed that the people of that province are so sencible of the bennefit to themselues that they are uilling to maintaine six private souldjers. 5. The remainder of the charge for the captains sallery, sarjant, & gun- ner, and fewer souldjers, w"' a magazine, will ammount to fower hundred pounds p annu, in country pay. 6. Wee hope something to ease this burthen may be raysed out of the bevar trade, and from the sawmills, & some other ways, which may, in a litle time, wholly ease the colony of this present burthen. Signed, JOHN PYNCHON, in y^ name of y" coinittee. The Courts ap- The Court, hauing pervsed the returne of the comittee, & doe approove probation ^£ jj.^ ^^^ order, that Fort Loyall be mayntejned at the charge of this colony, y'vpon. prouided the province majntejne sixe souldjers, and the honnored prsesi- dent is desired to take care of it, that it be maintejned w*'' as litle charge as may be. Ans' to Mary In ans'' to the petition of Mary Noyes, relict of the late Majo'' Symon "■JP J^'^ Willard, the Court judgeth it meet ^ y^ petiooner, for & on behalfe of the tion, 1000 acre six youngcst children of the late honored Majo'^ Symon Willard, one thousand land grant. 6 , , youngest chil- acres of land, in any free place beyond Nashaway Riuer, & doe hereby order, '*!" ° , ^■'°^ that the land heereby granted remajn vndisposed off vntill all the children aboue mentioned attayne to the age of one & twenty yeares old. [*308.1 *Whereas, vpon the proposall of the honnoured council vnto the select Order as to the men of the toune of Boston for securing sajd toune against a comon ennemy, tounes sea j * i i wall. and sajd selectmens proceedings & grant therevpon, and the vndertakers in- gagement in order therevnto, and sajd councils approbation thereof, together w"^ sajd selectmens explanation of id grant, & the vndertakers additionall agreement to compleate their worke, now presented to this Court, it appeareth that, at the great cost, paines, & hazard of sajd vndertakers, a sea wall hath binn built, and almost finished, for the safety of sajd toune & this his majestjes colony, — now, forasmuch as sajd wall will require much care, charge, & vnanimitye of the vndertakers to compleate & maintejne the same THE MASSACHUSETTS BAY IN NEW ENGLAND. 311 for want thereof great damage hath acrewed to the worke, and which may en- 16 81. dainger all, — ^ '^ ' 11 May. Vpon the motion of the vndertakers of the out worke or wall before the toune of Boston, to the seaward, it is enacted by this Court & the authority thereof, that sajd vndertakers, their heires, execcuto''s, administrators, & as- signes, or majo"^ part of them, shall haue power to make orders for finishing and preserving the sajd wall, the regulating of themselues, and appointing persons among themselues to mannage their affajres, who shall haue power to heare & determine controversyes among themselues, & to impose fines on trans- gresso"^ among themselues, and to impose fines on transgressors among them- selues, not exceeding twenty shillings at a time, and to implead in any Court of this county of Sufiblke any of themselues that shall not pay sajd fines, or any other person that shall damnify sajd wall. Sarjant James Hill is chosen & appointed ensigne to the ifoote company james HUi en- in Boston now vnder the comand of Capt John Walley. Tho Colton is appointed ensigne to the fibote company at Springfeild ; Tho. Coiton Ensigne Jn° Hayward is appointed leiftennt to the foote company vnder the jn!'HTyward comand of Capt Elisha Hutchinson. ^^^• Ensigne Ephrajm Searle is appointed leftennt to the foote company in Ephrajm Searl lef. Boston vnder the comand of Capt Pen Tounesend. S'j' Syraeon Stoddard is appointed ensigne to the ffoot company vnder Symeon stod- -1/..^ -i-»m in 1 1- •• Till- ^^^^ ensigne to the comand of Capt Pen lounesend, & to haue his comission wnen he natn cap>Toun- his freedome granted him by y^ Court. ^^^ ' Sarj' Bozoone Allen is appointed ensigne to a ffofet company in Boston Bozoone Allen • ■ T_ 1 ensigne to Cap' vnder the comand of Cap? Elisha Hutchinson, & to haue comission when he Hutchinson. hath his freedom granted him by the Court. John Patch, of Beuerly, is appointed ensigne to the ffoot company at Jn» Patch en- ^ Tr'iT T~\' • signe at Beuer- Beuerly vnder the comand of Capt Willjam Dixie. ]y. *It is ordered by this Court, that the coinanders of the seuerall troops [*309.] of horse in this colony doe, w"» all convenient speede, relyst such troopers as Order for re- ■' i . Ij sting of haue disbanded themselues from their respective troops, (vnder countenance troopers. of a law now repealed,) who are able & sufficjent for, & willing, to attend the countrjes service therein. Bight Honno*!" : — His majesties great goodness & favour in giving vs a further oppertunity Courts letter to .... 1 S' Lionel Jen- to attend him in the affajres of this his colonje, expressed in his gracious letter ^ins, knt., one bearing date the SO"' of September, 1680, — Irl'ytf Wee, with most humble thankefulness, acknowledge ; and that wee may state. 312 THE RECOKDS OF THE COLONY OF 1681. not be reflected vpon as those that make very vnsuitable returnes there vnto, ' '< ' we haue taken the boldnes to trouble your bono"" with the ffbllowing account of our proceedings, whereby wee hope so great an infaelicity maybe preuented, and which, though it may seeme late, yet is by the first from hence, except one ready to sajle when his majestjes coinands were receiued by vs. Vpon the receipt of his majestjes sajd letter, (though at a season, in re- gard of the extremity of the cold & snow, very difficult for the freemen, espetially those remote, to assemble in,) the Governo" forthwith sumoned a Gennerall Court, which being mett January the fowerth, and his majestjes letter comunicated w"' all duty & regard, the contents thereof were taken into serious consideration. And, in the first place, wee appljed ourselues to the chojce of agents, that they might haue timely notice to prepare themselues for that service, so as to be ready to imbarcque vpon the first opportunity. Wee considered of instructions for them ; wee carefully perused our whole booke of lawes, pursuant to the exceptions made to some of them by M'' Atturney & M"^ Solicito' Gennerall, when our late agents were attending his majesty, and their informations given us since their returne home, wherein wee haue made a considerable progresse towards a conclusion. Wee also published his majestjes pleasure to those villages of this col- ony on the south of Merrimacke, some part whereof M' Mason makes his pretensions vnto ; but what are his bounds & Ijmitts wee nor the inhabitants there doe not know, but are in hope that what may be presented to his majes- tje on their behalfe willbe sufficjent to obuiate the clamour & groundles pre- tenses of the complajner. r*310.] *But so it is, right honno^ble, that wee finde it no easy matter to prevajle with persons in any degree quallified to vndertake such a voyage at this tjme ; and though seuerall elections haue been made, wee haue not as yet obteined the consent of any. The present calamity of others of this country, now slaues in Algeire, (and one of them an agent from one of his majestjes col- onjes heere,) not yet ransomed, doth greatly discourage, especially such as Hue in good credit & condition. And truely, s', should persons vnder such a charrecter be taken, wee haue cause to beleive their ransome would be so high that it would be hard for us to to procure it amongst a poore people yet labouring vnder the bur- then of of the arrears of our late warr w*"" the Indeans & other extraordinary charges not yet defrajed. S"-, wee doe not vrge this as that which hath kept us from o'' duty, but only as an inconvenience that meets vs in the discharge of it. Wee doe not take ourselues to be disobliged ; wee haue not departed from o' resolutions ; THE MASSACHUSETTS BAY IN NEW ENGLAND. 313 but hope, the premisses considered, (w*''out mentioning other ill circum- stances w°^ wee are attended with in this affajre,) that the lapse of time will not be reflected on as proceeding from the want of loyalty & allegiance in us, which wee humbly professe that wee will alwayes beare to his most sacred majestje, and will the rather hope for his his majestjes pardon therein, for that wee vnderstand his majesty' time is still taken vp in those weighty af- fajres (especially relating to the horrid & execrable Popish plott) w"*" were the cheife occasion of his dismission of our former agents ; so that wee haue ground to feare that our attendance at present may be troublesome to his majestje and vnproffitable to ourselues. Eight honno''ble, wee humbly pray that this our addresse may be ac- cepted and taken in good part by your honno"", and that yow will please to favo"^ vs, his majestjes most dutyfuU & obedient subjects, w*'' a representation of our present condition heerein conteyned, that wee may not incurr his majestjes displeasure, nor be thought regardless of his coinands, wherevnto wee haue binn assembled in Gennerall Court, endeavoring to give euidence of our obedience. Herein yow will foreuer obleige to pray for yo"^ happiness. Eight honno'^ble. Your most humble servants. EDWARD RAWSON, Secret. In the name & by the order of the Goano"^ & Company of the Massachu- sets Bay in New England. Dated in Boston in N. England, June 3^, 1681, & was supscribed. To the Right Honno'ble S' Lyonel Jenkins, Kn', one of his maj*J'^ principall sec- reiijes of state, these humbly present. D*. M' Bulkley was sent in M' Edwards. *In answer to the petition of the Reuerend M' Jn° Sherman, the Court [*311.] iudgeth it meete to order, that W° Stoughton, Joseph Dudley, Peter Bulkley, Acoffiitteein J o ans' to M' & John Richards, Es5>s, Cap? Jn° Wayte, Left Edw"» Winship," Lef? W"' Shermans pe- Johnson, Cap? Thomas Brattle, & Cap? John Holbrooke be a comittee to re- paire to Water Toune, and on a due hearing & consideration of the case, make their returne to the next session of this Court in October, what they finde therein, in order to a fynall issue thereof In ans' to the petition of Rebeckah Errington, relict & administratrix on Ans' to Eebeo- the estate of the late Abraham Errington, the Court judgeth it meet to referr pgyj^"^*""" VOL. V, 40 314 THE RECORDS OF THE COLONY OF 1681. the petitioner to the County Court of Midlesex, who are impowred to act ' ' ' therein, & to order the sale of such lands as shallbe necessary for the ends 11 May. , , , proposed by the petitioner. Ans' to Mead- In ans"^ to the motion of Jn" Patrig, Wi"^ AUin, &6, of Meadfeild, it is motio'nbyJn« Ordered, that the aboue mentioned rates exprest therein be abated to the Pattrigg, &c. petition'^, is to be vnderstood as well mony as other pay. Ans' to Sarah In ans'' to the petition of Sarah Sandford, relict of Jn" Sanford, the Court Eon. judgeth it meet to referr the petitioner to the County Court in Suffolke, who is hereby impowred to act therein for the impowring the petitioner to make sale of such part of the land as may answer the end proposed to pay the just debts. Ans' to Henry Vpon the motion of Henry Kemble, administrate'^ of Tho Dow, of con of Hauer- HaueriU, deceased, that some of the lands by him, the sajd Dow, left, may be ^^- sold to pay his necessary debts, the Court doth grant him power so to doe, taking the advice of Lef ? Broune & W™ White, of HaueriU, making returne of his acts to any County Court in Essex, for their approbation, vpon seeing the necessity pretended cleered vp to them. Ans' to M' An- In ans' to the hvmble motion of John Newman, administrato"" to the es- peticon. ^^^^ °^ '^^ Antipas Newman, of Wenham, deceased, the Court judgeth it meet to grant the peticoners request exprest in his motion, referring it to the County Court of Essex to approove & confirme the sale of some land for the ends therein exprest. Ans' to y pe- In ans"^ to the peticon of M"^^ Elisabeth Winsley, relict & execcutrix to EUsa Winsieys ^^ husband, Jn° Winsley, humbly desiring the favour of this Court to grant peticon. jjj^ liberty to sell a parcell of land mentioned in hir peticon, it not being in- tayled, but a mortgage forfeited, the Court grants hir request. Courts impowr In ans'^ to the peticon of Nathaniel Bosworth, in behalf of the freil^n, wortMo ad- ' ^ Isaack Lobdell, on y« behalf of y selectmen, the Court judgeth it meet & min'ter oaths ^gg heereby impower Sarjant Nathaniel Bosworth, of Hull, to administer & to mary, &c, at HuU. oathes in the toune, and to marry persons there, provided one of the sajd per- sons be an inhabitant amongst them, and that they be published according to law. [*312.] *In ans' to the peticSn of Faith Jackson, this Court impowers the County Ans' to FMth Court of Suffolke to grant the peticoner full power to sell so much land as Jacksons peti- con. may answer the just debts. Ans' to M' In ans'' to the peticon or motion of M' Jonathan Wade, on behalf of Wades peticon. ^i^^elf & Mary Symonds, his daughter, the Court respits the consideration thereof till the next sessions, in October, when the partjes concerned may be present if they will, & that the secretary give timely notice to all persons THE MASSACHUSETTS BAY IN NEW ENGLAND. 31 5 concerned then to appeare to attend the Court for a determination of that 1681. matter. ' ' ^"^ "^ 11 May. In ans' to the motion & peticSn of W™ Stoughton and Joseph Dudley, a , -. wl the Court judgeth it meete to grant this motion, and doe further desire & Stoughton & . Joseph Dud- impower the ■wo'^pff' W" Stoughton & Joseph Dudley, Es^s, to take partlccu- leys motion & lar care & inspection into the matter of the land in the Nipmug country, ^^^^^^ ^"^ *' what titles are pretended to by Indeans or others, and the validity of them, and make returne of what they find therein to this Court as soone as may be. Quest : Whither constables in tounes, & clarkes of the trayned bands, & Courts resolue such like oiEcer as may be appointed to collect rates or fines, are not to constables & execute all warrants from lawfuU authority for levying of such fines & rates, '^^*^ *" ""^" lect rates. if not comitted to any former officers, although due before such constable, clarke, or other ofiicer were sworne, the Court resolues this question on the affirmative. Sarah Onnamaug, widdow & relict of Onnamaug, deceased, late ruler & Courts grant to sagamore of Whip Sufferage, the Indian plantation nere Marlborow, hath inaia. widdow. liberty from this Court to sell & alljenate vnto any English person that uill buy the same, hir late husbands- home lot & orchard, w* about sixty acres of woodland & meadow adjoyning to the same, so that the whole exceed not one hundred acres, prouided Majo'' Gookin & M' EUjot consent and approove the bargaine on behalfe of the Indian woman, & order assurance to lay out the land, & the pigment to be secured for the sajd widdow, for the main- tenance of hirself & children. The Court doth grant the peticoners request heerein, it being insteed of what grant is mislayd. Ordered, that there be a conference of both houses y* afternoone with A conference, refference to the dispatch of our agents to England. In ans'' to the petition of John Griggs, of ^oxbury, the Court grants the Ans' to Griggs petic8ners request, and accordingly W° Stoughton, Esq), as administrate', is ^^ """"■ impowred to passe a deed for the same. Ensigne W™ Busse, of Concord, is appointed leftennant to the ffijote "W- Buss, en- company at Concord, vnder the comand of Peter Bulkley, Esqi, captaine. j^^°f' """^ Sar^t Jeremjah Beale is appointed ensigne to a foote company in Hing- Jerr. Beale en- ham, vnder the comand of Cap? Joshua Hubbard. nil *This Court, being informed that M"" Samuel Worcester, who, in the [*313.] winter last, dyed vpon the road in his journey to the Court as deputy, was ^'^*|°''*^''^*j' constable for Bradford, & had not finished the collecting of the rates in his lected, &c. time coinitted to him, doe order the selectmen of that place ^ doe their vtmost to finde out what was by him collected, & that what they cannot find donn be Y — - 11 May. Ans' to Jn» 316 THE EECORDS OP THE COLONY OF 1681. by them comitted to the present constable, who is heereby impowred & Required to collect the same as if made in his yeare. In ans' to the humble peticon of John Seueranc, of Salisbury, the Seueranc peti- Court judgeth it meet to order, that the three tounes late of Norfolke re- mayning forthuith, by rate, doe make payment of their proportion of that account, & that Cap? Saltonstall & Majo' Pike is to inspect the same, that it be speedily donn, and referr the peticoner for his remedy ag' - the Trcaoui-cr, M'' Dalton, that signed the aamc account j and as to the remajnder the country Treasurer pay the same. Ans' to Andi- In ans"^ to the peticon of Cap? Dudley Bradstreet & other y* select men of Andiver, the Court judgeth it meet to refferr the peticoner for resolution in this case to an order made in ans"" to a petition from Melton, in May, 1678, where there is full provission made touching all such matters. Ans'toMary In ans"^ to the peticon of Mary Phillips, the Court judgeth it meete to gon grant the petioSn, provided that Capt Hamond, Capt Sprague, & Cap? Wayte concurr in y^ sale of the wood lotts mentioned in id peticon. Ans' to Jn" & In ans'' to the peticon of John & Robert Blood, the Court judgeth it petition. meet to refurr the full issue of this case to the County Court in Midlesex, the order of the Gennerall Court being attended. Ans' to y se- In ans' to the petition of Nicholas Noyes, Samuel Plumer, &d, select- lectmen of Newberys peti- nien of Newbery, humbly desiring that, being agreed, the late order for the payment of sixty pounds p annu to their then schoole master, may be re- pealled, the Court judgeth it meet to grant the peticon. ^ Ans' to Joseph In ans"^ to the petition of Joseph Whyte, of Mendon, the Court judgeth con. '^^ meete to allow the petitioner forty shillings money in full of his clajme, he hauing neglected his due season of obteyning payment. Ans' to Sam. In ans' to the peticon of Samuel Bead, late constable of Mendon, the Reads peticon. „ . . , . -ttk . . „ , . ■, , Oourt judgeth it meet to grant a remission oi the sajd three pounds twelve shillings mentioned in his peticon, as a remajnd"^ of two rates not to be obtayned, &d. Ans' to Bar- In ans"^ to the petition of Bartholmew Heath, the Court judgeth it meete Heaths peti- ^° refferr the petioSner to the County Court in Essex, impowring them to act con. therein as they judge just & aequall. [*3.1f J *In answer to the petition of Samuel Buggies, Sen, of Eoxbury, Joseph urRnggler ^"^^^^J' ^^^> ^' Thomas Weld, & M' John %owles are appointed to vejw petico. the land offered to sale, & the petitioner impowred, w"" their consent, to passe deeds for the same, so as the guardians for the children of Jn" Bridge be joyned to the sajd comittee, to see that the debt be justly due, & no more land sold then is necessary for y" payment abouesd. THE MASSACHUSETTS BAY IN NEW ENGLAND. 317 In answer to the petition of Elisabeth Maning, wife of Nicholas Maning, 1681. it is ordered, that what estate can be found of Nicholas Maning, either in ,' '' ' U May. possession or reuersion, be secured by the County Court at Salem, & by them ^ ' disposed of for the peticoners maintenance and support from time to tjme, as beth Mannings they shall thinke fitt. In ans' to the peticon of Jn° Man, Thomas Skinner, W™ Hoare, & George Ans' to y loafe Davison, loafe bread bakers in Boston, the consideration thereof is refferred to peticon. Majo"- Thomas Sauage, & John Hull, Esf s, M' Stoddard, Cap? Brattle, & Capt Hutcheson, to heare & examine the ground of their complaints in their sajd petition, & to consider of such wayes & meanes as may ease their complaints, if it ^ just, and to propose that which may regulate for the future, & to make returne thereof to the next session of Court in October. In ans"^ to the remonstrance & peticon of the loafe bread bakers in Bakers remon- Boston, the Court judgeth it meete to refferr it to the coinittee already chosen, ^g ^ their consideration, they making returne to the Gennerall Court. In ans' to the petition of Nathaniel Stow, of Concord, the relict & exec- Ans' to Nath. cutrix of the late Willjam Fletcher is impowred to make the peticoner a deed of sale of sajd house & lands mentioned in the peticon. Nathaniell Felton is appointed to be leiftennt to the foote company in Nath. Felton lef* & Israeli Salem, vnder coinand of Cap? Jn° Coruin, and Israel Porter is appointed his en- po^er ensigne signe,who is to officiat in y' place till he be a freeman, & then to haue coinission. toCap'Corwin. The Court, being informed that Leiftennt W" Clarke, Cap? Aron Cooke, Hampshire as- & Leif ?nnt Phillip Smith are nominated by y* freemen of Hampshire to be ^""'^ ^' associats for that county for the yeare ensuing, the Court allowes & approoues of them so to be. Joseph Dudley «& Jn° Richards, Es^s, are appointed to joyne w"" James Coinittee ab« liC6IlS6S Kussell, Es^, & Tresurer, to compound w"* the ordinarjes for their licenses. In ans'' to the petition of Samuel "Wentworth, the Court judgeth it meet Ans' to Samuel . , . - . Wentworths to order the Tresurer to pay the peticoner thirty pounds in money. peticon. In ans' to the peticon of Richard Hutton, the Court judgeth it meet to Ans' to Ric. it the pe?ioners req[uest, & orders Cap? Ji y« peticSner three pounds on the rate account. grant the pe?ioners req[uest, & orders Cap? Jn° Hull, late Tresurer, to allow "^ °"^ ^* " *Genf : — [*315.] Majo' Pinchon hath given vs account of a late suite comenced in your (Jenerali , -,r -n 11 1 • 1 • Courts letter. Court at Hartford, & judgment therevpon granted to M' Bulkley against him for about fiuety pounds in money, which debt was contracted for the cure of a souldjer wounded in the late warr, of which matter wee are also further ac- quainted by letter from your Governo'' vnto ours, which haue binn comunicated 318 THE EECOEDS OP THE COLONY OP to us. Wee haue also perused the conclusions & agreement of the comis- sioners of the Vnited Colonjes, holden at Plimouth, wherein it is agreed expressly that each colony pay such debts as are yet standing out to their oune inhabitants, &6. To insert the whole of that article is needless, it being before you vnder your oune hands as well as vnder ours. Wee are deeply sorry that wee haue a necessity plainly to say vnto you, who are our brethren as well in religion as civil confcederation, that there is a plaine & mannifest breach in your allowance & countenance of the fore recited suite, so directly opposite to that agreement. Wee haue been made sencible by our comissioners, who assisted in that meeting, how imperfect your accounts were, and how vnreasonable to be allowed in strict justice, had not a resolu- tion binn in them, to haue compljed vpon any termes, besides their sincking of too greate a sume to be mentioned justly due to ballance ; after all which, for yourselues to allow such a suite & issue is most vnreasonable. And wee must plainly say wee are vtterly vnsattisfied w*"^ your Gouerno's account thereof, especially when he vrgeth our respect and meere favour don to M"^ Bulkley, vpon complaint of your neglect of payment to order him fourty pounds, as if therein wee confessed judgment against ourselues, when, in deed, the guesse is so wide from the true cause, and so ill construction & vse made thereof, that wee haue aduised and agreed a retrenchment of that order, and resolued to lett yow take your owne way to an issue, if yow judge best, that so wee may see how to take our oune measures, and know what wee haue to trust vnto, since such solemne contracts are not suflS.cient to oblige vs each to other, not pleasing ourselues w"^ an extrienniall meeting, since the issue of the last is no more avajle. Wee might instance some other breaches in lawe made by the sajd judgment, as that, in the account, the Massachusets colony is chardged debto', whiles the processe & judgment is against Majo"^ Pinchon ; [*316.] that the *judgment is money, when no such contract appeares, which are plaine breaches, but inconsiderable to be mentioned w"* the violation & breach of the comon faith & vnion that is betweene vs in the confcederation, which wee haue hitherto holden sacred & inviolate. Wee are also, by our comissioners, given to vnderstand the strainge issue of your former resolution of rufing the Ijne betweene yo' colony & ours, w"** wee were so much urged w"* the last yeare. Wee did alwayes-, both then and now, judge that matter well enough setled, but compljed for your sattisfaction to haue made a further discouery & ascertening thereof, but are acquainted by the gentlemen appointed to attend that service that by some of your majes- trates the last yeare, the matter was indirectly dismissed, w^'out any just reason assigned, by all which wee are made doubtful! least some other princi- THE MASSACHUSETTS BAY IN NEW ENGLAND. 319 pies doe now governe your motions then that plainess, & candour, & respect 1 G 8 1. that was heeretofore betweene these colonies, and which wee hope is still "" ... 11 May. remajning w*'' ourselues at least, hath been in the abouesajd transactions. „ „ y_ Wee haue not to add but to intreat your oune just reflections vpon these "o"- things, with our earnest prayers to Almighty God that while so many are vnjustly our ennemjes, & seeke our mine, himself may not, by such things as these, be provoked justly to take a part against us, & to stirr vp such an evil spirit as like fire may devoure us, to the sattisfaction of such as say, ' So would wee haue it.' Thus, gent", hauing given yow our plajne sence of these af- faires, desiring the guidance & blessing of Almighty God, wee are. Your freinds & confoederates, EDW" EAWSOIS", Secre?. Signed by order of the GoQno'' & Gennerall Court. Boston, ir^ May, 1681. In answer to the petition of Joseph Bernard, of Hadley, it is ordered, Ans' to Bar- that the Tresurer pay the peticoner thirty seuen shillings & sixpence. """^ ^ ^^ ' In answer to the peticSn of Abraham Gale, humbly desiring this Courts Ans' to Abra- favo^ to passe their allowanc & confirmation of his sale of 2 or three smale parccUs of land left out of his late father Eichard Gales will, he being his sole esecuto'', & being to pay debts, w* came to about eighteen pounds, as in sd peticSn is exprest, &&, the Court judgeth it meet to grant his request. In ans'' to the peticSn of Kathrine Bell, of Charls Toune, administratrix to Ans' to Kath- the estate of hir late husband, Abraham Bell, humbly desiring the favo'^ of this £„„. Court to grant hir liberty to sell the house & land of hir late husbands, that so tha children being brought vp, the produce thereof may be divided amongst hir children, reserving a double portion thereof for hir eldest son in England, &d, as in sajd uill is exprest, the Court judgeth it meet to grant the request. *Majo' Jn° Pynchon this day made his returne of the Macquars finall [*317.] conclusion of peace, w"*" was ordered to be recorded, & was as follows : — 27 May, 1681. Major Pin- chons returne, The Macquars answer to Majo' John Pynchons propositions, 9 Novemb"^, in p'sence of , „ T . 11 • Cap' Brock- 1680, Arnought Cornelisen, vidle interpreter. ^ -^^^^^^^ jig^jo, Pynchon, the They say : Brother Pynchon, wee are glad that wee see yow heere agame, magistrats at like as wee did see yow 4 yeers past, and wee vnderstand your propposition ,^Jf^^; °u"jj. therein, in yow order vs to vse the axe no more against the Indians eastward. Van Dycke. & give yow great thankes for the presents & gifts ; and by this time there is not many Indians at home to make vp many belts of wampam, but w"" the few that wee brought w*** us in the afternoone shall giue yow answer. 320 THE RECOKDS OF THE COLONY OF 1 G 8 1 . Brother Pynchon, your journey that yow haue don wee vnderstand that ""■^ '' it hath been tegious, & wee are glad that wee haue heard yow speake the like 27 Miv Jlk - ,/ 4 yeares past in this nouse of Courier, ower brother, and haue spoken con- In y« afternoon ^ r j ^ l they desired to cernng the couenant, so haue wee yesterday understood, 1. with a great gift, consider of ^ their ans' till & Concerning ower young Indians, that they should a don any mischeife, they beoau™e°the^' ^^^ ^°^ ^ times by there sence & reason, and doe present y" w"" a belt of sajd many hard zewant, "fouerteenc heij. things were spoken & re- 2. All that was spoken yesterday in the Gouerno's house shall not be because of v ' ^roaken on our side ; wee haue made a couenant w"' our Gouern"^, and also w*"* present, or ^j^g GoQn"^ of Cannida, the which wee shall continually keep whole ; let this they mnst speake well be also, which shall not be wanting of ower side ; and doe you take care that „ ' yow be not ashamed, vpon which wee should also be ashamed, & looke that The names of y« Sakemaks, wee posible One time or other doe not find one of ower children ded, there- Canondon- 10 i i •• dawe, Odeajne, "vpon lay doune one belt zewant, '''twelue heij. Onegahaee, g_ Yow hauc yesterday spoken of your Christian Indians that should be Onawastoex, •' ^ r j Tawengo, Ne- vnder vs prisoners ; it is not so large as you thinke ; it is true there is sume, ganaquenda. . t n o ■ but they are no prisoners, but free, & giuen ouer to them that receive them as there children, therefore very hard to deliuer them backe againe ; but you doe • well that you demand them, but wee cannot promise them, being it is so hard from any man to part from flesh and blood ; therevpon lay doune a belt of zewant f„werteen heij. [*318.] *4. Wee haue had a long time of warr w"* them nations in former yeares, Conclusions of ^ ^^ ^^^ ^j^^g haue received many damages, w"" a great losse of ouer Indians, peace betweens ./ o ^ o 3 the Macquars, & afterwards come to a peace w"' a great gift ; but now in these last warr, wee y« goGm*, & ■- our freind are set on by you & the Goilno"^ ower brother, and what wee haue donn as servants for the defence of ower brother Pynchon ; but now wee vnderst»nd that it is peace between the Christians & there Indians there, & wee are ordered to lay doune the axe, which wee doe with gladnes, for we haue neuer had any delight in this warr, but haue donn it as servants & souldjers ; there vpon lay doune a belt of zewant, sevemeene lieij. 5. What was spoken here let it be made knoune throug your whole countrey, and to all that may come to yow from other places ; if yow cannot vnderstand there languidge, then vse a interpreter that cann speake there languidge, that it may goe though there eares, as wee doe here by the GoGen'^s interpreter. 10 November, 1680. Coppey out of the Dutch by me, RICH" PRETTY. Copia vera. Attest' p ord% EDWARD RAWSON, Secrety. Indians. THE MASSACHUSETTS BAY IN NEW ENGLAND. 321 It is ordered, that Majo"" John Pynchon, Es^, for his great paines in his 1681. hard journey last uinter to the Macquars, & concluding a peace w^^ them, be ' y~—^ ■J 1 ■, 27 May. pajd twelue pounds money. ^^.^^ p.^_ In ans'' to the peticSn of Abigaile Kelog, the Court judgeth it meet to <'^°^^ recom- penc for going order the Tresurer to pay the petiooner tenn pounds in country pay on the toyMaoquars, eennerall account of Hadlev. ° •' Ans' to Abi- In ans"^ to the petition of Phillip Smith, Chilljab Smjth, & Samuel gaiie Keiogs Patrigg, guardians to the orphan children of the late Jn° & Mary Smith, de- to ^e pa. ceased, humbly desiring the favo'' of this Court to grant them liberty to sell a Ans' to Lef Smith & other smale sedifice w°^ is decaying, & noways like to be any wayes profitable for guardians to the bennefit of sd orphans, the Court judgeth it meet to grant this their ' request. In ans'' to the petition of the proprietors of Dearefeild, by W™ Clarke, Comittee as to - ,«_-, . 1/-N • T ^ ' • 1 • DeerefeUd, &c. by ord' irom sd proprietors, the Court judgeth it meet to impower the comit- tee appointed by y^ County Court of Hampshire to act therein, for the better regulation of y" prudential affaires there, vntill that Court take further order for another comittee, who are hereby impowred so to doe. *It is ordered, that the troopers remaynng in those tounes in this colony [*319.] belonging to the late county of Norfolke, still be & remaine vnder the ,.^^°^' '^^^ ^ . ° ° •' ' •' hberty, how to comand of Majo"" Robert Pyke, & that he hath liberty granted him to lyst lyst troop's. Cap* W"^ such into his sajd troope as shall be willing to be lysted out of the other Brounes liberty tounes in the county of Essex, being qualified according to law. It is like- ™ ^'''^ mann'. uise ordered, that Capt Willjam Broune haue like y" liberty of lysting to make vp his troope in Salem to the number of 64, besides oflJcers, & that those that doe list in the sajd Majo"" Pikes & Cap? Brounes troopes be not such as are already listed in any other troope. In ans"^ to the peticon of M"" Anthony Checkley & his qusestion therein Ans' to M' An- proposed, the Court declare that the peticBner ought to beginn his action by petison. revejw in a County Court, as is vsuall in other cases. Concerning the exceptions made by the atturney gennerall & solicito"^ ag' o' Attorney Gen'. lawes. 1. Title Rebellious Son, agreed to as amended by the coinittee. 2. Agreed that a law be made that robe'^s vpon the highway be put to death. 3. Rebelljon against y'= country agreed to passe as amended. 4. About marrjage, nothing altered. 5. Touching walking in the feilds & streets on y" Saboath day, no al- teration. VOL. V. 41 322 1681. « — ,_-_^ 27 May. THE RECORDS OF THE COLONY OF 6. The oath & cofaission for the majo''s of regiments, agreed as amended. 7. Title Hseresy, section 9, to put to death bannished Quakers Tpon the returne, repealed ; other smaller alterations by the comittee, vnder the title Haeresjes, were allowed of. 8. The law against keeping Christmas to be left out. All the aboue written was consented to & allowed of by y* Court. Jn« Green John Greene is chosen marshall gennerall by the whole Court, and tooke nerall. ^^ °^*^ *^® same day before the Governo"" & Magistrates the third of June, 1681. As attest. EDW° EAUSON, Secret. [*320.] *M a Gennerall Court, held at Boston, 12'^ of October, 1681, p"- Adjo'mt. 12 October. Present, Symon Bradstreet, Es^, GoQ, Thomas Danforth, Es^i, Dep* GoQ. Eich"" Saltonstall, Daniel Gookin, Daniel Dennison, John Pynchon, W"" Stoughton, Joseph Dudley, Peter Bulkley, Humphry Dauy, Nathan! Saltonstall, t Es^s "W"" Broune, Sen, Thomas Sauage, John Eichards, John Hull, Samuel Nowell, James Eussell, Peter Tylton, Samuel Apleton, The freemen or dep'^ at this Court as in y^ deputjes reccords. IN" answer to the complaint of the loafe bread bakers, it is ordered by this Court, that the freemen of the toune of Boston, & such other tounes as THE MASSACHUSETTS BAY IN NEW ENGLAND. 323 shall haue any considerable vse of the bakers trade, shall aiiually, or otheruise 1681. as they judge best, make choyce of three or more meete persons in their oune ^' r— ' toune, to inquire into the midle price of wheate, how it is sold by quantitjes, & they, or the majo"" part of them in such towne agreeing thereon, shall pub- lish to all the loafe bread bakers & clarkes of the market in the toune once euery moneth, or as often as they see cause, the midle price of wheate, at which price the sajd bakers shall bake their bread for the following moneth, or vntill a new price be declared ; and that when the clarkes of the market doe meete w"^ crustje and stale bread, they shall not take it away as forfeited, except it want one sixteenth part of the weight. Ques' : Whither a judgment granted by a County Court held by adjourn- ment, where a stated Court hath intervened in the same county, though not in the same toune, be legal]. The Court resolues this question on the negative. When an obligation is put in suite wherein persons stands bound jointly an seuerally, and judgment comes therevpon, all being named in the processe, though but one attached, whither judgment ought not, according to the forme of processe, to be entered against all and either. The Court resolues this ques- tion in the negative, for that execution ought not to go against any person not sumoned to answer. *When judgment is granted against a person, and he djeth before execu- [*321.] tion be taken out, whither that judgment doe not stand in force against his heires, execcutors, or administrators, & whosoeuer of them is answerable in law, and execution to be granted against such execcutors or administrato''s, &6. The Court resolues this question in the affirmative, &, to prevent incon- venience or wrong to such estates, the person against whom the execution comes shall haue liberty to revejw the same. In answer to the information & motion of Daniel Gookin, Esq", majo"^ gennerall, the majors chosen for the new regiments in Suffolke, Midlesex, & Essex are desired to give their answer to this Court now sitting, to signify their acceptance of the sajd offices, that the Court may aply themselues to a speedy setlement of the militias therein. Q. : Whither a person complajned of or indicted for any criminall or capitall offence, & refusing to put himself vpon tryall, according to the vsuall custome, shall (that notw"=standing) be proceeded with to tryall & judgment vpon the euidence that shall be produced against him. M"" Samuel Seawall, at the instance of some freinds, w*"" respect to the M' Sam. Sea- accomodation of the pubHcke, being prevajled with to vndertake the mannage- y.^'pHntkig"^^^ ment of the printing press in Boston, late vnder the improovement of M"^ P^^^^^^ '" B"^' ■^ o 1^ ton. John Foster, deceased, liberty is accordingly granted to him for the same by 324 THE EECORDS OP THE COLONY OP 1681. 12 October. Toune marks : J,, Springfeild. KI, North- ampton. ED, Hadley. ■WF.VVestfeiia. IP, Hatfeild. f Southfeiia. [*322.] About Bou- dish, Esq'. Order as to rates. No rule to pay y" minsters. President of Harvard Col- ledge allow- ance, &c. this Court, and none may presume to sett vp any other presse w^'out the like liberty first granted. Seuerall of the tounes in Hampshire being w^'out brand markes for theire catle, &6, this Court orders, that y'* brands of the seuerall tounes there be as followeth : Springfeild j^, Northampton NI, Hadley ID, Westfeild W'j Hatefeild IF, Southfeild ^. This Court ordred a day of thanksgiving to be kept throout this juris- diction on the twenty fowrth day of November next ; the grounds there are printed. *Whereas it is fallen out that M'' Willjara Boudish, who was imployed as collector for the country at Salem, is come to a suddaine & vntimely death, and hath a considerable suiue of the countrjes estate in his hands, & is judged insolvent, this Court doth request & impower the wo'^pif '' W™ Broune & Bar- tholmew Gidney, Esq)s, & M' Hilljard Veren to pervse his bookes, to see what may be due to the country, & to secure so much of his estate, if it may be found, as will respond the same, both to pouder, mony, & imposts. Itt is ordered by this Court & authority thereof, that there shall be two single country rates & a halfe for this yeare, viz', one in money, & the other in country pay, & that all sorts of corne be pajd, at these prizes ffoli, i. e., wheate at sixe shillings, rye at fower shillings sixe pence, pease, barly, & barly mault at 4', Indian at three shillings sixe pence, oates at two shillings p bushell, all good, and well winnowed, merchantable corne ; & that what else is pajd in the country rates besides money shall be pajd at money prise, provided that no leane catle or horses be pajd in sajd rates ; & that what is due to Hampshire vpon the account of disbursments, the Treasurer is heereby ordered to pay them two thirds of what is their just due, provided, also, that this be no rule to pay the ministers their sallerys. This Court, being informed that the corporation & ouerseers of the col- ledge haue proceeded to the chojce & approbation of the Eeuerend M' Increase Mather for president of sajd society, & haue appointed some gent" to treate w*'' the church ouer whom sajd M' Mather is teacher for their consent in the matter, in order whereto, it is propounded that this Court would please to declare their setlement of the maintenance to be allowed the president for the future, it is heereby ordered, that, on the considerations proposed, in the grant made to the former president of one hundred pounds money p annu, & fiuety pounds country pay, the like allowance shall be continued for the future, provided that the EeQend IM"" Increase Mather be the man, & this to be con- tinued so long as he shall supply the place of president of said colledge, & to be in full of his sallery from this country referring to that imployment. THE MASSACHUSETTS BAY IN NEW ENGLAND. 325 M' Henry Deering is chosen ensigne to the fFoote company in Boston, 1 (! 8 1 . vnder the comand of Captaine Pen Tounesend. " ' "^ 12 October, It is ordered, that Thomas Eaton, ^ eldest sarjant to the fFoote company in -^.^ „ Hauerill, in steed of James Pecker, that ha? lajd doune his place, and Dp^ring en- signe. remooved himselfe thence. T^o^^^ E^ton *In ans' to the peticon of the church & toune of Andiver, this Court «"s'8"^- judgeth it meete to order, that Daniel Dennison, Nathaniel Saltonstall, & '- '■' Ans' to Ando Samuel Apleton, Es^s, with the reuerend elders of the churches of Ipsuich, ver petico. Hauerill, Rouley, & Newbery, be a coiiiittee from this Court, to meet at An- diver, at the time appointed by Majo'^ Dennison, & give notice both to the Reuerend M'' Dane & the church & toune at Andover, &, on a full hearing, to advise them as the case may require for a peaceable setlement of the matters in controuersy, & make report to this Court at the next oppertunity. In answer to this peticon, this Court referrs the case to the County Court Ans' to James of Midlesex to take order therein, & give order for the sale of such land as fg^. may be necessary to answer such just debts. In answer to the peticon of Katherin Smith, of Dorchester, the Court Ans' to Kath- • Ti- r- ^ /• T ■ -.^ in /~\ r Elfins Smiths judgeth it meete to reierr the answer ot this peticon to the County Uourt oi peticon. Suffolke, who are hereby impowered to act herein, & give order for the sale of such land as may suffice for the ends proposed. In ans"" to the peticon of the inhabitants of the toune of Mendon, the Ans' to Men- . . don petic. Court judgeth it meete to continue their late order referring to the proprie- tors of lands in Mendon who are not resident, nor doe improove their sajd lands, to be rated to the toune charges, as those that are p'sent vpon the place, for three yeares next after the expiration of the former time ; & the coiiiittee of this Court, for the mannagement of the affajres of that toune, continue their care & goilment as foiTuerly. In ans'^ to the peticon of M" Margery Eljnt, the Court judgeth it meet to Ans' to M'» grant the peticoners request, & do allow & rattefy the lease mentioned. peiilon! In ans"" to the petition of M"^ Jn° Vsher, Edward Shippen, & James Ans' to Tomp- Whetcombe, on behalfe of Nathaniel Tompkins, the Court judgeth it meete to "'^ ^°'' order the Tresurer to returne that part of the leather sealed which belongs to the country vnto sajd Tompkins, or the peticoners in his behalfe. In ans' to the peticon of Nathaniel Patman & Joseph Holton affixed, Ans' to Natha. beino- ia relation to the same thing, i. e., setlement of their bounds betweene 5^"^™'"'^ ^^ '" them & M' James Allin, the Court judgeth it meet to order, that M' Edmond Batter, Leial W™ Johnson, who were of the former coiuittee, together w"" Capt Fisher, Cap? Wayte, & M'' Mansfeild, now chosen, shall & are hereby empowred as a coiiiittee, w* all convenient speede, to repajre to the place 12 October. 326 THE RECORDS OP THE COLONY OF 1681. where the ground of the controuersie is, & to endeavo'' the settlement of the bounds so as to them shall seeme most just & sequall, & to make returne thereof to the next Court of Election ; Capt Fisher to appoint time of meet- ing, & the peticbns to be at the charge of the coiiiittee. [*323^.] *In answer to the peticon of Elisabeth Eussell & Sarah Kussell, widdows, Ans' to Eiisa- ^^le Court iudgeth it meet to grant their petition, & doe heereby order & beth & Sarah ■' ° ° f ' ... Russelis peti- appoint Leiut''' W™ Johnson & Ensigne James Conners to direct & assist in the sale of such & so much land as they shall judge meete for the ends pro- posed. This Court, hauing read and considered the proposalls for y" future setle- ment of y^ affaires of y" province, — Proposalls as 1- That all publique charges henceforth arising annually w*in the proy- *f M ™^''^''^ ince, as well for their protection as government, or otherwise, be defrajed out of the treasury of the province. 2. That Fort Loyall, a garrison necessary for the security thereof, be maintejned henceforth at the charge of the province. 3. That all those that haue taken patents or leases of S'' Fardinando Gorges, or any of his agents, doe observe and make good their couenants respectively to the cheife proprietor, as their acknowledgment of his right to soyle. 4. That all others, as an acknowledgement of his right to soyle & goQment, doe pay twelue pence for euery family whose single country rate is not aboue two shillings, & for all that exceed the suine of two shillings in a single rate to pay three shillings p family annually in money to the Treasurei of the provinces, for the vse of the cheife proprietors. 5. That, according to the law, title Charge, Publique, all persons, & es- tates, & lands which ai-e in the provinces, whither belonging to persons resi- dent w"'in or w'^'out the colony, be 8ec[ually & indifferently rated therevnto, ecepting only coinons of any toune or land lying in comon & belonging to the cheife proprietor. 6. In consideration hereof, I doe freely consent & grant the inhabitants of this province be foreuer acc[uitted & discharged from all clajmes & de- mands due, & by charter belonging to, the cheife lord proprieto"^ for the time past ; and for the future, that all touneships that haue binn granted by S"" Fardinando Gorges, K*, or any of his agents, or the Gennerall Court of the Massachusets, as well for their streames, saw mills, come mills, &6, be foreuer acquitted from paying rent or any dues to the cheife proprieto"^ or his generall governo', otheruise then shallbe necessary for their owne deffence. Courts order, &o, thereupon. 1. This Court, hauing read & considered the proposall (annext as aboue) THE MASSACHUSETTS BAY IN NEW ENGLAND. 327 made for the setlement of the affaires of the Province of Majne, doe approove 1 ("81. thereof ; and in answer to the peticon of the Genii Assembly of the province '^ ' 12 October. of August 18, 1681, for a more full explication of sajd proposalls, & further courts ojijgj priuiledge to be granted, this Court doth order & hereby impower the presi- thcrevpon. dent of sajd province to make legall confirmation to the inhabitants respec- tively of their just propriety in the lands there, vnder his hand & seale, according to the directions of their charter ; and do further grant, that they, making the anuall acknouledgment of the right of the cheife proprieto' to the soyle & gouern'*', as is prouided in the S'' article of the aboue sajd pro- posalls, they shall then be acquitted & dischardged from any further subsidies to the cheife proprieto'^, further then shall be necessary & orderly levyed for their oune protection & government. 2. *That in case of any defencive warr orderly comenced, they shall en- [*324.] deavo"' the ordering thereof, as may be for the safety of the inhabitants, & shall allow the whole of the revenue arising due to the cheife proprieto'^ towards the maintenance thereof. 3. That the annuall reuenew arising by the trade w"" the Indians shallbe allowed towards the maintenance of Fort Loyall, the appointing the captaine, as well as of the other militia, being still reserved, as the charter appoint in y« power of y* cheife proprieto'. Further, it is ordered, that the arrears of the captaine & garrison at Fort Loyall be forthuith passed, by the president of sajd province, to y° Tresurer, for payment. M' Jn°than "Wades & M' Epps case ordered to be heard on lO*"^ instant, at eight of y* clocke. In ans"^ to the peticon of M' Jonathan "Wade, of Meadford, the Court Cap' Jn»th. judgeth it meet, & doe hereby order, that the peticoner make vp his comple- fo^ds^roope! ' ment, to the number of sixty troopers, (besides ofiicers,) out of Capt Prentice &«• his troope, of those who are neerest adjacent in respect of their habitation, (ofiicers excepted,) & orders the secretary to transcribe the order to the Majo'' Gennerall to see it efiected, the Court expecting their ready compljance herein. Sarjant Anthony Austin, of Southfeild, is hereby allowed & appointed Military offi- leif ? to the ffbote company there, & Georg Norton his ensigne ; that the fgTid.'comksion secretary issue out their coinissions. '^^'^"^ ""*• In answer to the petition of the selectmen of Dedham, itt is ordered by Order to regu- this Court & the authority thereof, that all Indians that belong to this juris- diction, except prentises or couenant servants for yeares, are to live among & vnder gouernment of the Indian rulers of Naticke, Punkapauge, or 328 THE RECORDS OF THE COLONY OF 1G81. 12 October. M"" Gnrg Carrs sattisfaction. Ans^ to Lucy Turners peti- con to assure Mf Hubbard his Laid. [*324^] SprinsfeUd case & Courts resolue. Wamesit, which are places allowed by this Court & appropriated for the In dians to liue in, where there is land sufficient to improove for many familjea more then are of them ; and if any shall refuse to comply w* this order, it is referred to the select men of euery toune, by warrant vnder their hand, to send such Indian or Indians to the house of correction or prison vntill he or they engage to comply w'*" this order. The Court judgeth it meet to order the Tresurer to pay to M'" George Carr, in full of his account for ferriages, the suine of twenty fower shillings. In ans' to the petition of M"^^ Lucy Turner, relict, execcutrix of y" late John Turner, humbly desiring the favour of this Court to impower hir & hir father, Thomas Gardiner, ex^ccuto'' also, to assure a parcell of wast land at Quiniabauge, that hir husband sold to M'^ Jn° Hubbard, & drawne by him before his death, the Court grants hir request. *In the case of Springfeild, referring to the house & land now in the occupation of M'^ Pelatiah Glouer, brought hither by mutuall consent of par- tjes for advice, the Court judgeth it meete to declare that the first setlement of the sd estate, by the vote of November 15, 1655, is & remajnes of full force,- & no avoydance made thereof or to be made by any after vote of the toune whatsoeuer ; that, notwithstanding the toune of Springfeild hauing introduced & setled M'^ Glouer amongst them, vpon an expectation of the same to be & remajne to him & his heires for euer, the Court declares, that the sajd toune of Springfeild ought, by an a;quall assessment amongst themselues, to rayse & make payment to the sajd Glouer of such a suiiie of money, to the full value thereof, as may be an eequall compensation to him for the same. 17 October. Comittees re- turne as to Nipmuge & the Indians claimes. Boston, October 17*", 1681. In pursuance of an order of this honno'^*'''' Court to inspect the clajmes of the remayning Indians to lands in the Nipmug country, — In June last wee appointed a gennerall meeting of all Indian claymers to the sajd lands, & gaue full notice of the same to be holden at Cambridge Village, & there obtejned M'' Elljots company & others to asist in interpreta- tion & better vnderstanding of their seuerall pleas. Wee then found them willing enough to make clajme to the whole country, but litigious & doubtfull amongst themselues ; wee therefore, for that time, dismissed them to agree their seuerall clajmes amongst themselues, & then told them wee would fur- ther treate them to comprimise the whole matter on the countrys behalfe. Since which time, in September last, perceiving a better vnderstanding amongst them, wee warned seuerall of the principall claymers to to attend vs into the country, & travajle the same in company with ^ as farr & as much as 17 October. THE MASSACHUSETTS BAY IN NEW ENGLAND. 329 one weeke would allow us, & find that the southerne part clajmed by Black 1681. James & company is capable of good setlement, if not too scant of meadow, though vncerteine what will fall w*in bounds if our Ijne be to be quaes- tioned. The midi part aboue Sherborne & Marlborough, clajmed by the Hassa- namesit men now resident at Naticke, but interupted by the clajme of seuerall execcuto^'s to John Wampas, whom wee suinoned before the Governo' & Magistreates in Boston soone after our returne, and find their clajme very vncertajne, but, if allowed, will be to *to the ruine of the midle part of the [*325.j country, of which the Indians make complaint to this Court. The northerne part, adjoyning to Nashaway, is found the best land, most meadowed, & capable of setlement, which land, except a smale tract about Hassanamesit desired to be kept by the Natick Indians, may, wee suppose, vpon reasonable termes, be, so farr as respect the Indian clajme, taken into the countrys hands, which wee offer our advise as best to be donne, least the matter grow more difficult by delays. If there be any further service for vs in the matter, wee are Your humble servants, WILLJAM STOUGHTON, JOSEPH DUDLEY. The Court doe approove of this returne. Vpon the consideration of the report made to this Court of the Indian The Court al- clajmes to lands to the westward by M"^ Stoughton & M' Dudley, and their ^^^^l "' aduise that some compensation be made to the claymers for a full surrender of Refferring y accomplishm* those lands to the Governo' & Company of the Massachusets, to prevent future to the comit- troubles & pretensions that may arise, and doe order & impower the aforesajd *^^' gentlemen to treat w*" the sajd claymers, & to agree w* them vpon the easiest termes that may be obtejned, which sume may be reimbursed by such as after- wards shall procure grants of any of the sajd lands from this Court. There being a smale island in Connecticut Eyuer, at & toward the foote 18 October. of the ffalls, below Springfeild, which lately some of Windsor, in Connecticut ^^™ nf^rma colony, haue purchased of the Indians, & challenge it not only as their oune, tion. but as belonging to that colony, when as it falls some miles w^'in our line, as it was formerly runn, I thought meet to certify this honnored Court thereof, that they may please to make some meet disposall thereof, to prevent incroach- ment vpon our due Ijne. Da? Octob 18, (1681.) JN" PYNCHON. VOL. V. 42 330 THE KECORDS OP THE COLONY OF 1681. The Court judgeth it meet to grant the island aboue mentioned to Majo'' ' r-"^ John Pynchon, in consideration of his pajnes formerly in runing our patent 18 October. ^ . Courts grant to J Major Pyn- Ans' to w° -'-^ answer to the petition of Willjam Markham, of Hadley, the Court Markhama judgeth it meete to referr the peticSner, as to the case mentioned in his peticon. petition, to the County Court of Hampshire, and they are impowered to act as the matter doth require. [*326.] *In ans'' to the petition of Peter Goulding, this Court judgeth that the Courts judgm' petic(5ner hath no cause of complaint, and considering the great reflection & sentenc ag' Peter Goul- & high groundless charges conteyned in his peticon against the honnored ^" County Court of Suffolke, & the clarke thereof, doe sentence the sajd Peter Goulding to make a publick acknowledgment of his fault to the sattisfaction of the Court, or to pay the sume of twenty pounds in money fine to the Tresurer of the colony, standing comitted untill the sentence be performed. At the petic8ners request, this sentence, as to the fine & the peticoners acknowledgment, is respitted till the next GenneraU Court or sessions that comes first. Comitteesre- Wee, vnderwritten, appointed a comittee to repare to Water Toune to She°rmans° e-' ^^^^i^^ some matters in controuersy there, concerning which the EeQend M' ticon & "Water Sherman exhibbited his petioSn to this Court, hauing heard the allegations on Toune, &c, ao- _ - cepted of, &c. both sides, & perused the records of the sajd toune, doe find, that there haue binn a misvnderstanding amongst themselues of their oune acts, & that it will be difficult to determine exactly therein ; which they themselues being also sencible of, sundry of the proprietor's haue voluntarily yeelded to M'' Sherman, some of them a part, and some the whole of their shares in those lands that haue been in difference ; and wee are not hopelesse but that others may make further addition therevnto. And the Reflend M"^ Sherman hath also vnder his band, at a publick meeting, and in the presence of some of us, fireely & fully quitted all other clayme to or right in the sajd lands, saue what he now hath or may further haue by the free grant of the proprietors as abouesajd, leaning only that what shall be granted him maybe lajd out conueniently together, not prejudicing the remainder. These concessions on both sides wee doe approove of, being hopefuU it may haue a tendency to their better accord for the future, in case this Court shall confirme this issue ; in order Vide pa. 482 whereto wee mooue, that a comittee of this Court, of three or more meet pejr- and pa. 494. qq-^s, be appointed & impowred to compleat the agreement so well begunn, & THE MASSACHUSETTS BAY IN NEW ENGLAND 331 to set out to M' Sherman his proportion in the sajd lands, as is aboue 1681. expressed. ^"^ — v ' _,. , 18 October. Signed, JOSEPH DUDLEY, WILLJAM STOUGHTON, WILLJAM JOHNSON, PET: BULKELEY, JOHN WAYTE, THO: BEATTLE, EDWARD WINSHIP. The Court approoves of this returne, and doe desier the gentlemen of the same comittee, or the majo"^ part of them, to perfect the Trorke according to this returne, W"" Stoughton, Es^, to appoint time and place. *In ans"" to the petic8n of Cornet Jn° Seuerans, it is ordered, for a fynall [*327.] issue of that matter, that the secretary issue out his warrant, directed to the •*^°'' *° Comet Jn° Seuerans constables of Salisbury, Hauerill, <% Amesbury, requiring them forthwith to peticon. collect & gather out of the seuU tonnes their iust proportions of what is due '^^"^^^ *''- J I 4. cordingly is- from them as their share, i. e., fewer pounds & eight penc from Salisbury, sued out, 15 from HaueriU three pounds & fiueteen shillings, & from Amesbury one pound seventeen shilhngs & fower pence, & deliur the same to the sajd John Seuerans, in full sattisfaction of all his clajmes, the Tresurer of the country hauing satisfied him all that the country was to pay him. In ans'^ to the petition of Capt James OUiuer, the Court judgeth it meet Ans' to Cap' to grant M' Nathaniel Barnes, for the peticbners vse, two hundred acres of ^^50^ 200 ac. land where it is to be found, not preiudiciall to any new plantation. This Court hauing heard & considered the pleas & euidences in a case M' Jn" Joyief betweene John Giffard, and Richard Midlecott, & Thomas Walter, atturneys yoosts, if ^^ to John Wright, Es^*, & Company, which case was formerly heard @ deter- P™vedby Wal- mined at a County Court held at Ipswich SO"" of March, 1680, and admitted E. R., s. to be heard in this Court rpon the peticon of John Giffard, this Court doth '^°"''" J'"'^^; ^ -"^ ment inter Jn» confirme the sajd judgment of the Court at Ipswich, and order the sajd Gif- Giffard & Tho, Walter. fard to pay the deffendant costs of Court, as p bill on file, & this to be a fynall issue of this case. In ans' to the petition of Willjam Markham, of Hadley, it is ordered, Ans' to W" that the peticttner be referd, in the case mentioned, to the County Court yj^^ ™ of Hampshire, and they are hereby impowred to act as the matter doth courts resoiue require. *° proceed to •^ _ _ consider of y» The Court agree to proceed to the consideration of what is necessary to iaws,&c. 18 October. 332 THE EECOKDS OF THE COLONY OF 1681. be donn touching such lawes as are objected against, & others of like nature, & to doe therein what shallbe incumbent on them, & most conduceable to their peace & safty. Ans' to Maj» The majo'^s chosen for the new regiments in Suffolke, Midlesex, and motion &c. Essex are desired forthwith to give their answers to this Court now sitting, to signify their acceptance of the sajd offices, that the Court apply them- selues to a speedy setlement of the militjas therein. Courts judg- The Court, hauing heard & considered the allegations & pleas in the Butler & Hoi- '^^^^ between Stephen Butler & W™ HoUowel, Benja Hollowell, & Edw* loweii. Ashley, &(3, doe confirme the setlement of that estate made by the County Court, & confirmed to the sajd Butler by the Gennerall Court, judging, vpon all considerations, the same to be most eequall and just. [*328.] *As an expedient for the more Eequitable releife of Stephen Butler, in Comittees re- ti^g case depending betweene him and Willjam Hollowell, it is ordered, that port on Butler case as to his Captain Barter and M"^ Remington (& in case one or ojther of them cannot be obteyned, that Thomas Gardener, of Muddy Riuer, supply such absent) be a comittee to vejw the improoyement made by y^ sajd Butler vpon the lands in controversy, & make report thereof to the Court now sitting ; & was don, & is on file. disbu™*. 168 1-2. *'^tt o, third Sessions of the Gennerall Court, held at Boston, 15'^ ^ ^ "" February, 1681. 15 February. [*329.] Present, Simon Bradstreet, Es^, GoQ, Tho Danforth, Es$>, Dep* GoQ, Eichd Saltonstall, Danl Gookin, Dam Dennison, W" Stoughton, Joseph Dudley, Peter Bulkley, Humphrey Davy, Natha Saltonstall, Jn" Richards, Jn° Hull, Sam Nowell, James Russell, Bartho Gidney, Saf& Apleton. THE MASSACHUSETTS BAY IN NEW ENGLAND. 333 AT the opening of this Court, his majestjes letter to the GoQno' & 16 8 1-2. Company, brought by M' Edward Eandolph, bearing date 2V^ of " ^ ' October, 1681, was read in open Court, the whole Court mett together. ^ '"^'^' Also, the next day, was, before the whole Court, read his majestjes 16 February. comission or patent, vnder the broad seale of England, bearing date „ , for ■*■ t™^ "^^p'"' constituting Edwai-d Randolph, Es^, coUecto', &d. Also, his maj'J' comission or patent to "W^ Blathwayt, Es^, bearing date A true copy. the ^ , for constituting him to be audo'' & surveyo'' generall, &(3. As also M' Blaithwayts deputation to M' Eandolph ; all which are on file. A true copy, comp'*. To the Kings most excellent Majesty. The most humble address of yo' majYes loyall subjects, the GoQno' & Company of the Massachusets Bay in New England. May it please your majestje : — Such and so many are the blessings that your poore subjects of this col- onje haue and doe enjoy through the favour of your maj*° royall father, of happy memory, @ your oune propitious incljnation towards vs euer since yo'^ maj*° happy restoration, that wee cannot easily represent or expresse our grattitude to Almighty God nor our obligations to your majestje for the same ; by the sence whereof wee are the more deeply mooued and concerned least any administrations in this your majestjes government, by ourselues or our praedecessors, or any misrepresentations vnto your majestje, should procure the least alteration in your majestjes royall heart or countenance towards vs. Wee therefore humbly pray that wee may lay before yo"^ majestjes con- sideration, that the great disadvantages of setling a wilderness, the late vnhappy troubles in your majestjes kingdomes, our less skilfullnes in manna- ging such afiajres may haue occasioned some irregular establishment of law amongst us, which we humbly pray your maj''" to allow us to say, was through want of due consideration @ inadvertency, & is in nowise out of pride or con- tradiction to the due Ijmitts assigned us, and for which, neuertheless, wee haue, @ alwayes doe, humbly prostrate ourselues at yo'^ maj*''=' fiieete, and craue your royall pardon, @ all which, vpon signiffication from your maj* by our late messengers, we haue industriously laboured *to correct @ amend, @ shall for [*330.] the future hold ourselues strictly obliged to the rules presented us in our charter. "Wee haue also, in obedjence to your maj*^^^ comands in seuerall letters, @ and particcularly your gratcious letter of October 21^', 1681, dispatched our worthy ffreinds Joseph Dudley & John Richards, our messengers, humbly to give your maj*"* account of what wee haue donne for the regulation of our lawes, pursuant to the objections of M' Atturney Gennerall @ M'' SoUicito' 334 THE KECOEDS OF THE COLONY OF 168 1-2. Genn'^, according to the intimations comitted to our messengers when attend- * '' ' ing your royall Court. Who are also further instructed to give your majesty account of @ sattisfaction in the seuerall particculars in the abouesajd letters, @ other of your maj'J^ letters conteyned, and to attend the signifEcation of your majestys further pleasure therein, w* wee confidently trust, as always heretofore, willbe for the advancement of your majestjes croune @ dignity, @ the encouragement @ peace of your maj'J"^ leige people here. They haue also humbly to oflFer the address of some of our inhabitants whose dwellings are w^in the compasse of M"^ Masons new pretended claimes, to whom wee gave such signifiication of your royall pleasure as in yo"^ maj''"^ letters wee are coinanded. But as his clajme doth appeare to them to be very vnreasonable, so also illimited @ vncertaine, wee therefore humbly pray your maj'^"^ favour on behalf of sajd people against the pretenses of sajd Mason, for their security in the peaceable enjoyment of their houses @ lands, of which they haue had vnjnterrupted possession for more then fiffty yeares. And that they may not be compelled to make answer further then in yo"" maj*^**' Courts of justice vpon the place, wee haue also humbly to offer, that the purchase of the Prouince of Majne was made by us not out of any disloyall incljnation or intention to infringe your majy"' royall prerogative, or to prevent your majestjes taking the same into your owne hands, but vpon reall desire to accomodate your maj*^ subjects the inhabitants of that province, and our oune mutual peace or safety, @ w"' good advice first had that wee might so doe ; wherefore, humbly pray- ing your maj*-*"' consideration of our great charges therein, and gracious construction of that our procedure, and of royall favor in the discharge of our present attendance, w"' yo"^ gratious countenance vpon yo'^ maj'J'^ poore sub- jects here, we are, w"^ all humble submission. Your majestjes most obedient subjects & humble supplicants, who shall euer remajne to pray, &6, SYMO]Sr BRADSTEEETE, GoQno^ in the name ^ r*331 1 *'^° *^® Kings most excellent Majesty. The humble petition & addresse of the inhabitants of Glocester, alias Cape Ann, and other places adjacent, w^'in the jurisdiction of the Massachusets Bay in New England. Most gracious & dread Soueraigne : — Tis now aboue 50 yeares since S' Henry Rosewell, w"* seuerall others, the subjects of your maj^^ realme of England, purchased of the council established at Plymouth, in the county of Devon, (as in the charter,) a THE MASSACHUSETTS BAY IN NEW ENGLAND. 335 certajne tract of land lying & being as in the charter ; sajd tract of land was 168 1-2. in the next year againe granted & confirmed by your maj''*^ royall father, of " ' "' happy memory, by letters patent, bearing date, at Westminster, March the 4% in the i"* yeare of his reigne, to the sd S' Henry Roswell and Company, w*'' other their associates, w* grantees were then also, w*** such others as should be admitted, & made ffree of the company, & their successors, incorpo- rated by the name of the Governo'^ & Company of the Massachusets Bay in New England. Vpon the encouragement given in those letters patents, & the government thereby established, many of the subjects of your majesties realme of England did transport themselues, their familjes, & estates, & purchase & settle many tounes & villages, to the great increase of yo' majestjes honor & dominions in these parts of Amerrica. And, amongst others, wee, (& our predecessors,) yo"" maj'J*' most loyall & obedient subjects, (those cheifely, if not soley, concerned in the late clajmes made by M' Robert Mason of land w^in this yo"^ majestjes grant,) hauing obteyned a grant firom your maj''^^ Goilno'^ & Company, and also purchased the right of the natives, (the anncient & vndoubted proprietors,) did plant & setle vpon a place which is (w*''out controuersy in that respect depending) w'^'in the Kmits aforesajd, called Glocester, aljas Cape Anne, & places adjacent, where wee haue, w''' greate tojle & charge, binn subduing the wildernes, haue bought & sold the lands, (which haue some of them passed through seuerall hands,) our title neuer being defamed or our selues molested by any person w*soeuer for aboue these fiuety yeares ; being by so long an vninterrupted possession, further confirmed in our rights, agreeable to the lawes of this yo' j^ajtjes gove'mnt, made in the yeare 1657, for the setling of inhseritances, w'^'^ was not *designed against sajd M'' Eobert Mason, of whome & whose claime [*332.] wee were then wholly ignorant. In this posture wee continued, till wee were surprized vpon the receiving Address to Ms an order from the Gennerall Court of this your maj^'J^' government, which J!^tabita™ts'''of was in obedience to yo'' maj*'^^ comands contejned in your gracious letter of ^^P^ ^°^ ^ pl3.C6S S.Qjdi'' the SO"" of September, 1680, req[uiring vs to furnish our agents w*'' the pleas cent. & euidences of our right & propriety in the lands wee now possesse in these parts, which in the premisses wee most humbly offer to yo'^ maj"«^ gracious princely consideration. To w"'' wee further humbly add, & lay before your maj*, that as our title stands vpon so good a foundation as the grant of yo' majestjes Gennerall Court here, & purchase from the natives, strengthened by -f lawes of possession, so M"' Robert Mason hath only to plead a dormant, if not pretended title, by virtue of a grant from the council of Pljmouth, in the 19*'' yeare of the reigne of yo' royall grandfather, of happy memory, w"'' sajd grant is vtterly vncerteine in its Ijmitts & bounds, was neuer acted vpon, no 336 THE KECORDS OF THE COLONY OF 16 February. 168 1-2. possession given, nor any survey made thereof, according as in the sajd grant is specified & required, whereby one of the great ends & designes of the charter granted to the council of Pljmouth, w* was for the planting & sub- duing of the land in these parts, is evaccuated. Vpon all which considera- tions, & particularly that of the nonvses, wee humbly suppose that M"^ Masons grant (if any) is forfeited, & his title voyd in law. Wherefore, wee humbly implore your maj'J^' favour, & that yo' maj'J^ uill gratiously please to interpose yo' royall authority w"^ M"^ Mason, that he may cease to molest & disturbe vs in our lawfuU rights, or that yo' maj*'' uill direct the sajd M"^ Mason to make his clajme in yo"^ maj*'"^ Courts of justice here established, according to the judgment (in that case) of the lords cheife justices, approoved by the right honno'^ble the lords of the Comittee for Trade & Forreigne Plantations, and confirmed by yo"" sacred sacred maj'-i" in council, on the 20"" day of July, 1677, while the former agents of y' your maj'J'=^ colony were attending your royall pleasure in the affaires then vnder consideration. & your humble supplyants shall euer pray, &6. Signd & subscribed by JNo PICKARD, JN° PERKINS, DANI: EPPS, JONATH: WADE, Sen, WILLJAM GOODHUE, SAMUEL ROGERS, SYMON STACJE, THO: KNOULTON, CALEB MOODY, THO: FISKE, PHILLIP NELSON, THO: BURNAM, EZEK: NORTHEN, DANI: WARNER, TRISTRAM COFFYN, JOSEPH PIKE, JN° PLUMER, THO: FISKE, THO: PATCH, WILLJAM COGSWELL, WALTER FAIREFEILD, MOSES PENGREY, Sen, HENRY SEWALL, DANIEL PEARCE, SAMUEL CORNING, GEORG RAYMENT, WILLJAM DODGE, NICHO: NOYCE, RICHARD DUMER, SAMUEL PLATTS, JNo WHIPLE, JAMES STEEPHENS, WILLJAM SERJANT, WILLJAM HASKALL, THOMAS MILLET, JOHN HILL, THOMAS RIGGS, SAMUEL APLETON, THO: COBBET, Sen, JN° WOODBRIDGE, WILLJAM HUBBARD, JOHN ROGERS, JN° HALE, JN° APLETON, HENRY WALKER. THE MASSACHUSETTS BAT IN NEW ENGLAND. 337 *For the sattisfaction of his raaj*, @ the better regulating of the naui- 168 1-2. gation and trade of this jurisdiction, and in pursuance of a lawe made October ^' ' 10"^, 1677, referring there vnto, — r*333 1 ' It is ordered & enacted by this Court @ the authority thereof, that the act of Parljament made in the 12* yeare of his maj'J"' reign, intituled An Act for encourageing and increasing of Shipping @ Navigation ; and the act made in the fiueteenth yeare of his maj'-i''^ reigne, intituled An Act for the Encourage- ment of Trade, be forthuith published in the market place in Boston by beate of drum, and that all clauses in sajd acts relating to this plantation be strictly taken notice of @ observed as sajd acts requier. It is further ordered by the authority aforesajd, that a navall ofiice be Navall office, forthwith errected @ setled in the toune of Boston for the entring of ships @ other vessells outward @ inward bound, for for the taking of bonds, receiving and granting certifficates for their cleering, according as in sajd acts is directed. And all comanders @ masters of shipps and other vessells are rec[uired to take notice hereof, and to make their entrjes to give bonds, & receive @ produce certifficates for their cleering, according as in sajd acts of Parljaments exprest. Provided such vessells as passe to and fro w'^'in our harbours or ryvers shall not be obleidged to enter @ give bond as abouesajd ; nor such vessells as passe from port to port on the majne sea on the coast of New England, vnless they take in for their oune store and trade, in some of his maj''-'''^ colonjes in New England, more then one tunn of each of the comoditjes enumerated in sajd acts ; and for the due execution of sajd office, it is ordered, that James Russell, Es^, who was chosen by this Court January 11*^, 1680, be the officer who shall haue comission vnder the hand of the Governo' or secretary and scale of the colony, & be sworne by sajd Gouerno"^ to the faithfull dis- chardge of the same, which officer so authorized shall kepe foure bookes of all entryes, certificates, & bonds, which shall alwayes be Ijable to the vejw *of [*334.J any officer or other person that may informe of the breach of sajd acts or other lawes in pursuance thereof, or refferring to the to the, trade of this jurisdic- tion ; and for the greater ease of the toune of Salem & adjacent ports, Ben- jamin Gerrish is appointed the officer in the toune of Salem, who shall in like manner be sworne, @ shall make entrjes, take bonds, and receive and grant certtifficates as the said officer in Boston, who shall in like manner from time to time, once in sixe moneths, deliuer faire coppies of all bonds to the GoQno'', and shall receive for his service, referring to the premisses, such ffees as by the lawe are allowed to recorders and clarkes of County County Courts. And for the Governo'^s signing a certifficate for their clearing, the ffee ehallbe two shillipgs. VOL. V. 43 338 THE RECORDS OP THE COLONY OF 16 February, Officers to be 168 1-2. It is further ordered by the authority aforesajd, that if any person shall "f™"' desire @ obteyne a speciall Court for the tryall of any case refferring to the premisses, he shall give in vsuall caution to respond all costs, before warrants added, &c. be issued forth to assemble sajd Court & jury ; and if any person be damnified by false information^^ wrongfuU searching, or seizing any goods, ships, or other vessell, he may recouer the same by an action of the case in any Court or Courts of judicature, according to the vsuaU course of lawe. And for the encouragement of his maj'J^^ officer or officers, and all informers, shall from time to time bey ayded and assisted by all marshalls, constables, or other officers, by warrant from the Gouerno', Dep'^ Goiino', or any magistrate, in the prosecution of the breaches of sajd acts of trade & nauigation. Secre' order to And the Secretary is ordered to signe all the commissions for said office, sions & Imse ^^'^ cause the Courts order to be published, w*'' the acts of trade, as is before y. order to be provided. published. -^ Wok ^as p'- Whereas yow, J. E,., are chosen navall officer for the seuerall ports of the formdbybeat Massachusets colonie, and haue received a coinission from the GoQno'' & Com- of drume, 2d •' M'ch, 82. pany of the sajd colonje for the execution of that office, yow doe sweare by Naval officers jj^g grgat name of the euer Ijving God, that yow will carefully and duely at- tend the execution of the sajd office according to the tenno' & true intent of yo' comission, & the lawes of this jurisdiction. So helps yow God. [*335.] *The Goilno'' & Company of the Massachusets Colony in New England. 17 March. To J. E., navall officer. Comission for Whereas yow are chosen (a) appointed navall officer for the service of his the naval offi- •' \^ re cer. maj'J^, in the seuerall ports of the Massachusets colonje during the pleasure of the Gouerno' @ Company. These are in his maj*^"=' name, to authorize and require yow diligently @ faithfully to attend that service, by taking entrjes of all ships @ other vessells outward @ inward bound, by taking bonds, & receiving @ granting cirtifficates for their clearing, keeping faire bookes of all entrjes, cirtifficates, @ bonds, once in sixe moneths, returning foure copies of all such bonds vnto the Gouerno"" for the time being, according to the lawes of this jurisdiction, made in pursuance of the acts of Parljament for the in- couragement & increase of trade & navigation ; and to observe all such orders @ instructions as yow shall from time to time receive from the Gouerno' & Company relating to the execution of the sajd office. In testimony whereof, the scale of this colony is herevnto affixed. Dated in Boston, March 17"", in the 33* yeare of the reigne of our soueraigne lord, Charles the Second, by the grace of God, of England, Scotland, France, & Ireland, king, &6, in the yeare of our Lord 168^. THE MASSACHUSETTS BAY IN NEW ENGLAND. 339 Itt is ordered by this Coiirt and the authority thereof, that the IS"* sec- 168 1-2. tion of the capitall lawes, title Conspiracy, Eebelljon, and the IS*'' section *" ^ ' of sajd lawes, title Rebelljous Son, be and are heereby repealed ; also, the law referring to Christmass, page 57, 58, & the word ' comonwealth,' where it imports jurisdiccSn, is heereby repealled, and the word 'jurisdiction' is here- by inserted. If any man conspire and attempt any invasion, insurrection, or publike Conspiracy,&o 3.E* tll6 ffOV"^^' rebelljon against the kings majesty, his government heere established, or shall punishable by endeavour to surprize any toune or tounes, fort or forts, therein, or shall '^^*™- treacherously & perfidiously attempt the alteration & subuersion of our frame of polity or government fundamentally, he shall be put to death. *It is ordered by this Court and the authority thereof, that henceforth [^SSG.] the new brasse weights that are lately come from England, @ haue bin sealed Courts order as to brasse at the Exchecquer in Westminster, as appeares by a writing testimoniall vnder weights, the hand of M' Jn° Low @ M' Nicholas Stuart, principal! oflB.cers there, and scale of the sajd office, are just and true averdupojce-weights, such as are vsed in London, diuers of which are fell fashioned, viz*, one fiuety sixe pound, one twenty eight, one fowerteen, one seven, one fower, one two, @ one one pound, the rest are fflatts weights, and are one halfe pound, one quarter, one eighth part, and one xs or ounce, as also one halfe ounce, one quarter of an ounce, one eighth, @ one sixteenth part of an ounce, shallbe the standards for this colony of Massachusets, by which all other weights are to be sized, and that the country Treasurer issue forth his warrants forthwith to the constables of euery toune in this colony to provide, at their tounes charge, all all the aboue- sajd weights of brasse or lead by the tenth of May next, which are to be brought in to the sajd Treasurer, or whom he shall appoint, to be sized and sealed by the aforesajd weights ; and henceforth it shall not be lawfuU for any person to buy or sell by any other weights or stylljards but such as are sealed by or made agreeable w*'' the aforesajd standards ; and the pcenalty of such as neglect or act contrary to this order shall be the same, and disposed of accord- ing to the order order of this Court made in May, 1680, title Measures. Our honnord present Deputy Goano"", M'' Stoughton, M' Bulkley, and CoSittee to pGrvs6 & prG" M' Nowell, together with Cap? Fisher, M"^ Stoddard, M' Cooke, Cap? Bratle, pare necessary Cap? Hutchinson, @ Cap? Wayt, or majo'^ part of them, are appointed a ^^f^^°' comittee to take out the papers in the secretarys hands, or in the hands of any others, which are necessary to be sent for England by our agents, @ to see them transcribed, @ to doe therein as in their wisdome they shall see coSittee to „ ^ ^ J correspond w"" meete for the end proposed. ^ ^ &p.videforom For the further encouragement & supply of our agents iji their voyage agents. 340 THE KECORDS OF THE COLONY OF 168 1-2. and negotiation, this Court doth desire & appoint the GoQno', Deputy Gov- — y 17 March, [*337.] ^ " erno^ M' Staughton, M"=' Davy, & M'^ Hulls, Capt Fisher, Capt Hutchinson, 17 March M"' Cooke, Capt Wayte, and Leiftn' * Johnson to be a comittee to correspond with our agents in England, and vnderstanding from them their occasions for money for their necessary supply, as the comittee, or majo"" part of them, judge meet, for the good of the country, to take care for the agents supply accordingly, and the Treasurer is heereby ordered to pay what by them shall be chardged on him ; and this Court doe engage to make provission for pay- ment of what shall be so taken vp @ prouided. M' Wade & M' It is ordered by this Court, that M' Jonathan Wade & M'' Daniel Epps, • ?^v*° r ^"''^ °^ Ipswich, doe take speedy care that the addresse framed to his maj"^ in Cape Ann & the name & on the behalfe of the inhabitants & proprietors of Cape Ann, and places adjacent together, &c. places adjacent, be imparted vnto the sajd inhabitants by calling them together and taking the subscriptions therevnto of such & so many as may be con- venient to signify their gennerall consent to the sajd addresse, w* being donn, the abouesajd gent" are desired & ordered to remitt the sajd address to the Goflno'^ & council, to be cofiiitted to our messengers for England. Courts order as This Court vnderstanding that the returne of the comittee appointed by to M' Allen & ^.j^j^ Qouxt for the setlement of the bounds betweene M' James Allen & M' M' Endicots bou^s, a hear- Endicots farmes at Salem, & that it is not sattisfactory to the sajd M' Endicot, ing. & he hauing made a motion to this Court to haue another oppertunity to make knoune his greivance before the returne of the comittee be confirmed, the Court judgeth it meet to appoint & order a hearing of the case on the first Tuesday after the next election, at nine of the clock in the morning, & in the meane time that there be no strip nor wast made on the premisses, & that suinons from this Court issue out for all partjes concerned to appeare at y' time & attend the issue. Courts order in In answer to the peticon of Stephen Butler, for a rehearing of the case Butlers case, •bgt;-(yeene him & the children of Willjam HoUoway, this Court declares it is their aduise to the sajd partjes that the children of "Willjam HoUoway doe pay vnto the sajd Butler tvo hundred pounds in New England money w'Mn three moneths, & forgive him all Court charges at the last Court of Assistants, & this being donn HoUoways children shall injoy all the howses & lands where- of Benjamin "Ward died seized, & they pass mutuall acquittances each to other touching the estate ; and if the id persons shall refuse to comply w*'' this pro- posall, then this Court doe grant the sajd Stephen Butler a hearing of that case, sub forma pauperis, at y" next Court of Election, on y"= first Tuesday after the next election day, at nine of the clock in the forenoone, for a finall . issue of this troublesome case, and the execution is suspended in the interim. THE MASSACHUSETTS BAY IN NEW ENGLAND. 341 *It is ordered, that the Tresurer issue out his warrants to the seuerall 168 1-2. tounes ^r the raysing of halfe a country rate, to be pajd in money, at or be- ^~ '^ ' fore the next Court of Election, for the accomodation of our aarents sent by „ " ,' r T T s 1 this Court to attend & wayte on his maiesty on our behalfes, and in the meane „ ,, •' J J ' Halfe a ooun- time, that our agents be not at ^sent vnfurnished. try rate to In ans' to the motion of the officers of the late Cap? Thomas Savage his furnish our company, Ephraim Sauage, his son, is appointed & ordered by this Court to ^s™ts. Ephraim Sau ■ be captaine of sajd company, & Bartholmew Cheevers to be his leiftenJit. age cap', & In ans' to the peticbn of Ealph Houghton, in behalfe of the inhabitants yel-s leif. of Lancaster, the Court judgeth it meet to grant them exemption from country Lancaster ex- emption from rates lor this yeare and the next. country rates. Within these Ijnes is conteyned the thousand acres of land granted by Y» younger the honnored Gennerall Court to the sixe youngest children of the late Majo' j^^^^ ^-^^ ^ Symon Willard, deceased, as the same is represented in the humble addresse '^'H^-'^'is 1000 acres land lajd of M"^ Mary Noyes, being lajd out & measured by John Heynes, surveyo"^, & out. is about tenn or twelue miles beyond Wachuset, & lying southward from that hill by the new roade lately marked to Hadley, where the sajd John Heynes hath rvnn a Ijne through some part of the sajd road, begining at a red oake tree on the westward side of a peace of meadow ; rvning from thence, by a north & by west poinct, two miles, wanting but fewer poles or rodds ; there ending that Ijne by a swampe, at a great hemlock tree which he hath marked ; and from thence hath rvnn the Ijne, vpon an east & by north poinct, one mile, which endeth at a great red oake by the side of a smale shrubby meadow ; & from thence hath rvnne the Ijne, vpon a south & by east poinct, two miles, wanting but fewer rodds, & there endeth at a black oake, neere a swampe, & not farr from the forenamed road that leadeth towards Hadley ; & so from thence hath runn the Ijne to the place where he first begann, being one mile. The whole, thus measured and bounded, conteyneth a thousand acres, accord- ing to the platt herew*''all presented & signed as aboue. The Court approoves of this returne of one thousand acres as aboue. Cap? Jn° Eichards, Cap? Jn° Hull, Cap? Tho Brattle, Cap? Elisha Comitteeto Hutchinson, «fe M' Elisha Cooke are appointed a comittee to examine and re- urers accounts. ceive the Tresurers accompts, and make their returne at the next sessions of this Court. Boston, Feb' 18, 1681. r^ggg ■, *In pursuance of the last order of this Court for the purchase of the Nip- Comittees re- mug country, the subscribers haue had seuerall treatjes w*'' the Indians, and ^™® ^^ *° at length haue concluded, — t'y- 342 THE EECOKDS OF THE COLONY OF 1681-2. 17 March. 1. That the Hassanemeslt and Natick Indeans shall haue added to the sajd plantations of Natick & Hassanemet, already granted & reserved by this Court for their oune improovement, all that remayning wast lands lying be- tweene those two plantations @ adjoyning to Meadfeild, Sherborn, Mendon, Marlborow, @ Sudbury, being wast @ of very inconsiderable value. The re- mainder of their clajme, lying fower miles northward of the present Spring- feild road, @ southward to that, haue agreed betweene Blacke James @ them, of which wee aduised in our late returne, wee haue purchased at thirty pounds money @ a coate. 2. The southern halfe of sajd countrey wee haue purchased of Blacke James @ company for twenty pounds, prouided they may, by the grant @ allowance of this Court, reserve to themselues a certeine tract of five miles square for themselues, or contents, in two parcells, to be at their oune dis- pose, to them, their heires @ assigns, foreuer, as is expressed in there deed The whole tract in both deeds conteyned is in a forme of a trjangle, @ re- duced to a sq[uare, conteyneth a tract about fifty miles long @ twenty miles wide. Besides the fiuety pounds aboue, smale c[uantitjes, about fine pounds, wee haue distributed amongst them, and payt them term, pounds money of the price. 3. "Wee haue thought best to take the deeds in our oune name, which wee now exhibbit, and are ready to passe our assignement & conveyance to the GoQno' & Company, at the Courts direction, in pursuance of whose service wee haue donn the same. 4. "Wee haue promised them, that, in convenient tjme, their complaint against seuerall tounes & farmers who haue not purchased the title to that they hold shallbe heard, & justice donn them. 5. The northern part, towards "Wachuset, is yet vnpurchased, & persons yet scarsly to be found meet to be treated w"" thereabouts. The two last articles may be further pursued if this Court judg meet. WILLJAM STOUGHTON, JOSEPH DUDLEY. 1*34:0.] *This Court, hauing pervsed this returne, made by "W™ Stoughton & Courts appro- Joseph Dudley, Es^s, relating to their transaction w** the Indians, & purchase bation thereof. made of the Nepmug lands, doe approove thereof, and order, that full & ample deeds & conveyances in due forme be forthwith made by the sajd gent" vnto the GoUno'' & Company of the Massachusets, &S, and that the Tresurer of the country doe reimburse what is by them expended already, and make such other payments as are by them engaged on this accoimt ; and likewise THE MASSACHUSETTS BAY IN NEW ENGLAND. 343 doe allo-w of, and doe hereby confirme to the sajd Indians, that tract of land 168 1-2. mentioned to be reserved by the sajd Indians. ^"^ — v ' Also, the aboue named gen*° are impowred, & heereby are desired, to doe what is yet necessary pursuant to the prosecution of the fowerth & fifth articles, & to make returne of what they shall doe therein to the next Gen- nerall Court. And as an acknowledgment of the great care & pajnes of the abouesajd Courts grant of W-° Stoughton & Joseph Dudley, Es^is, this Court doe give & grant to each f^f^" ^ll^\°\ of them a farme of one thousand acres of land in any part of sajd tract of genf- land now purchased, where they shall see meet, so it be lajd out together as may be no prejudice to any plantation or touneship that may be hereafter there setled, they first finishing what remajnes necessary to be donn for the compleating this affaire. In ans' to the peticbn of M' Hezekiah Vsher, in behalfe of himself & Ans' to M' compa, it is ordered, that the Tresurer make vp what he hath already paid id ^'^^'^i"'^ "^^ ■^ .* -r^ J er peticon, his M' Hezekiah Vsher, to be one hundred fiuety two pounds three shillings baUanci52" fower pence money, being the ballance of his account given in to this Court. In ans' to the motion & request of Martha Fitch, for the allowance & Ans' to Martha confirmation of hir deed of sale made to her son in law, Jn° Holland, this ' " ™° '""' Court doeth referr the examination of y" matter to the County Court for Suf- folke, who are herein impowred to rattify & confirme the same, as to them shall appeare just & aecLuall. In ans'' to the petition of Abraham Cole @ Elj Giles, late constables of Ans' to Abra, Salem, humbly desiring the favour of this Court to grant them some recom- ^°}^ * ^'7 penc, &6, for their great losse in collecting of their rates therein mentioned, the Court judgeth it meete to grant them forty pounds in country pay. In ans"^ to the motion of the select men of Bradford, Shuball Walker, Bradford as to &6, it is ordered, that the Tresurer allow & deduct out of their rates sixe ^^ ^^' pounds six shillings in siluer, & forty nine shillings & seven pence, w"'' the late M' Samuel Worcester gathered, &6. *In pursuance of an order of y* last Genn^'ll Court, wee, their comittee, P341.1 repaired to Andover the 15*'^ of November, where hauing convened the peo- Comittees re- ple of the church & toune, together w"" M"" Dane, their pastor, wee heard ^^^ ^5 their seuerall pleas, ^tensions, & allegations as to the matter of their difier- ences, the sum whereof was, that M"^ Dane, about March last, gaue them notice that he could no longer performe the worke of his calling in carrying on the publick worship of God, & therefore that they, i. e., the people, must take care to provide for themselues, & accordingly the sajd M' Dane desisted 344 THE EECOKDS OF THE COLONY OF • 10)81-2. from that worke, though importuned by the people to be helpfull to them ^ ^1 "^ therein in the easiest way, which yet for the most part he hath decljned, alleadging bodily infirmity did disenable him, so that the people were neces- sitated, & did procure, w*"^ great charge, (as they say.) other help for some tjme, but for the most part were destitute, saue only that M'' Dane hath prajed with them in publick, & given them 3 or 4 sermons ; wherevpon they haue invjted & procured a young man for this winter to be helpfull to them in car- rying on the worship of God, and complaine that they are not able to beare the charge of allowing M' Dane his wonted maintenance, (which was not large,) and providing for other help, which they are engaged for ,• alleadging further, that M"^ Dane, his family being smale, & his accoinodation of land very good & convenient, may comfortably subsist without being burdensome to them. Vpon the consideration of the whole matter, & thatiVI' Dane hath for a long time binn an officer amongst them, wee doe aduise the inhabitants of Andiver freely to allow to M"^ Dane thirty pounds p annu, in their accus- tomed specie of payment, hoping it may accoinodate M"^ Dane, & if his neces- sity should require a fuller supply, that the people will not be wanting to tes- tify their respects to hira vpon that account. S'J'. "Wee doe advise & exhort M"" Dane that he improove his vtmost dili- gence & abillitje to carry on the publick worship of God as duty doth obleige him, it being too hard for a young man to vndertake so great a worke, & would be a great incouragement to any such to be eased of a great part of his labour, as also to the people the more freely and cheerfully to contribute as abouesajd to M' Danes maintenance, w*, w*''out such performance on his part, wee haue cause to feare will come from them very heavily ; and further, wee advise M"^ Dane to carry it to his people w*!! that tender loue & respect (for- getting all former disgusts) as becomes a minister of the gospell. 3. Because the charge of maintenance for the worship of God will, by this occasion, vnavoidably be augmented, & that the burden thereof hath hitherto lyen on the least number of the inhabitants, by reason of provission made by themselues of their first setling in a way which seemes to vs not sequal, we doe therefore aduise, that for the future they rayse theire main- tenance (as wee conceive) more agreeing to the gospel rules, viz., that he that is taught in the word should administer, &a, that one may not be eased & another burdened, but that euery man may, according to his abillity, be assessed to pay his due proportion. This our advice wee proposed to M' Dane, the church & toune of An- THE MASSACHUSETTS BAY IN NEW ENGLAND. 345 dover, the IG"" of November instant, & humbly submit the same to the judg- 16 8 1-2. ment of the honnored Gennerall Court. ^~ "< DANIEL DENNISON, 17 March. W« HUBBARD, SAMUEL PHILLIPS, JN° RICHAEDSON, SAMUEL APLETON. The Court, hauing pervsed this returne, doe allow & approove thereof; Courts aproba- and all persons therein qoncerned are hereby ordered to attend & act ac- cordingly. •M"^ Samuel Torrey being chosen prsesident of the colledge by the cor- [*342.] poration. and approoved of by the ouerseers, for his incourasrement to accept Countrys al- ■^ -^^ •' ' ° ^ lowanc to M' of that service, it is ordered, that the same allowance be setled on him which Torrey, &c. the former prsesident had, & that was lately past by this Court for M' Mathers incouragement when he was chosen to that imployment. The toune of Sherborne, being a smale people, & was deserted in the sherbom 2 late warr, to their great impouerishing, but being againe resetled, with about „-„g^ ^^ ,,^iij thirty families, w* are gennerally very poore at present, but in hope, through 3""^ meetmg & _ miaisters the honnoured Courts favo' & benigne aspect, may, in a few yeares, increase, house. & they hauing, through the favour of God, procured a minister, whom they hope may continue w* them, especially if they cann provide necessary com- forts, for him, and they being now in building a ministers house & a meeting house, both which uill cost aboue two hundred pounds, they hvmbly pray the honno''able Court to abate them for their country rates for two yeares, or rather, that they uill bestow the sajd rates on them towards the building the sajd meeting house & ministers house, the Court, on the considerations aboue, judg meet to allow to the toune of Sherborne their country rates for two yeares towards the building their meeting house & ministers house. In ans"" to the peticon of John Cooper, in behalfe of y* selectmen of Courts act as to Cambridge, in refferenc to Reynold Bush, the Court judgeth it meet that the referring it to ' mannagment of that whole affaire be referred to the mannageraent of the Cambndgse- ° lectmen. selectmen of Cambridg, who are hereby empowred to make sale of land, or otheruise, as they shall judge meet for payment of just debts, supply & releife of the sajd Bush & family, & that they shall give a true & just account of receits & disbursments when they shallbe legally called therevnto. ^^^^^ ^^ y^^^_ In answer to the motion or peticon of the church & toune of Wenham, iiam peticon, a hearing grant- &d, it is ordered, that the secretary issue out seasonable sumons to all persons ed. VOL. V. 44 346 THE RECOKDS OP THE COLONY OP 168 1-2. concerned herein of Ipsuish & "Wenham to appeare before the Genii Court " '' next, on the first Tuesday after the election, when there shallbe a hearing of the case in order to a full determination thereof. Andouersex- In ans' to the peticon of M"^ Dudley Bradstreet, Jn° Osgood, Thomas foJ'r ministey Chandler, & Richard Barker, in behalfe of the toune of Andiver, humbly aUowed of, &c. gjiewing that, whereas yo"" peticoners, some yeares since, did giue & grant to Jn" Fry, Sen, & Richard Barker, Sen, & their heires, one hvndred acres of vpland, to be for the vse of the ministry foreuer, wee, being now to setle another minister, find that this land is not in a suitable place for a minister to dwell in, it being a mile from our meeting house ; wee haue found out a place in the toune, neere the meeting house, very convenient, which is the lott of Henry Ingalls, which 'Wee haue procured by way of exchaing for seventy acres of the abouesajd hundred, but the two men w* are the ifeofiees doe feare that theire heires may be in danger of after dainage or trouble ; [*343.] that it not *being in their power to alljenate the aforesajd land, our humble request therefore is, that the honno'red Court would confirme this our act, and lay the same entajlement on the sajd lott or Ijving which wee haue purchased as was vpon the abouesd land layd out for the ministry, the grant of which will obleige, &6. The Court judgeth it meet to allow & approove of the land aboue men- tioned, prouided the land exchainged may & shall stand as the former did for the same end & vse of the ministry. 20 M'ch, 81-2. The whole Court mett & voted together, by papers, for agents to goe & ^°f sTo^e^h "^^y*® °^ ^^^ "^^J''^' ^^' ^ °^ *^® scrutiny, "W" Stoughton, Es^, was chosen Dudley, Esq', for one w*"^ 21 voates, & Joseph Dudley, Es^, was chosen for the other by 18. 23- M' Stoughton hauing manifested his greate dissatisfaction from accepting Jn° Richard, i ■ i Esq', the other and vndertakmg the employment & suruice he hath binn chosen to by this ^^^" ■ Court, &(3, after the Court eurnestly once & againe desiring his acceptanc, but he persisting in his answer already given, the whole Court came together, & by their voate Jn° Richards, Es^, was chosen to be the other agent. Instructions for Joseph Dudley and John Richards, Esquires, messengers in behalfe of the colonje of the Massachusets, for their direction and limita- tion in the trust to which they haue binn chosen by this Court. 1. Yow shall most humbly present the humble address of this Court to his royall majesty, with our humble thanks for his gracious respect to the peace & weale of his subjects, scittuate so remote from his royall court ; and with refference to complaints exhibbited against us, — THE MASSACHUSETTS BAY IN NEW ENGLAND. 347 2. Yow shall informe his maj* that we tooke vp stamping of silver 168 1-2. ETieerley Ypon necessitje, to prevent cheats by false peeces of eight, which ^~ '^ ' 23 March. were brought hither in the tjme of the late confusions, and wee haue been well informed that his maj'J'^ had knowledge thereof, yet did not manifest any dis- satisfaction thereat vntil of very late ; and if that be a trespasse vpon his maj*J^^ royal prerogative, of which wee are ignorant, wee humbly beg his maj'J"' par- don and gratious allowance therein, it being so exceeding necessary for our civil commerce, & no way, as wee humbly conceive, detrimentall to his royal majestje. 3. That wee haue no law prohibbiting any such as are of the perswasion of the church of England, nor haue any euer desired to worship God accord- ingly that haue been denyed. *4. For liberty of conscience wee haue been, as wee then conceiued, [*344.] necessitated to make some severe lawes to prevent the violent & impetuous intrusions of the Quakers at their first coming into these parts, and our pro- ceedings therevpon were approoved by his maj*y in his gratious letter of June 28, in the fowrteenth yeare of his reigne, w'^'^ also for diuers yeares haue been suspended, vpon the signiiScation of his maj^^' pleasure therein ; and as for the Annabaptists, they are now subject to no other poenal statutes then those of the Congregational way. 5. For admission of ffreemen, wee humbly conceive it is our liberty, by charter, to chuse whom wee will admitt into our oune company, w"'' yet hath not binn restryned to Congregational men, but others haue been admitted, who were also provided for, according to his maj'J'^" direction, by a lawe made anno 1664, in answer to his maj'jes letter of June 28, 1662, and the law restreyn- ing freemen to church members only is repealed. 6. And, to prevent irregular trading, yow shall say that wee haue made pro- vission by our lawes ; that the acts of trade, so farr as they concerne vs, shall be strictly obserued in this colonje ; and that all due encouragement and assist- ance shallbe given to his maj'J^' officers and informers that may prosecute the breaches of sajd acts of trade and nauigation. In reference to the kings dues arising by forfeitures of contraband goods, yow shall say, that wee pretend no right or title to any of them, being other- uise setled by acts of Parljament. And for appeales to his maj'J" & councl in cases concerning his maj*' ruenue, we haue cause to feare it may proove extreamly burdensome, and, as it may be improoued, intollerable, should it be admitted. In answer to the dark in his maj'J<=» letter, referring to his officers deposit- ing money before trjall, and paying costs, you shall say, that fFees for ordinary 348 THE RECOEDS OF THE COLONY OF 23 March. [*345.] 16 8 1-2. processe in any of his maj'J^' Courts neither haue or are demanded or pajd in cases concerning his maj'J''^ *revenue, but that it would be accounted & found very burdensome vnto the subject to haue special Courts & jurjes from all parts of the country suinoned out of the propper terme times, and from their neces- sary occasions vpon the meere pleasure of such officers as may desire to give trouble & disquiet to persons, "w^out any service to his maj'J^, and not to assigne them such compensation as may defray their necessary charge of attendance ; and for what hath been assigned to partjes vnjustly persued and vexed, that wee conceive it agreeable with the acts of Parljamentj that officers hauing illegally detejned mens goods should be Ijable to pay costs & dainages ; and for tryalls that haue been with any particular persons for their irregular trading, they haue been according to our custome & the libertje of our English nation, (which hath been claymed by the partjes,) by jury, vpon their solemne oathes to giue in their virdicts according to law and euidence given in the case. And yow shall humbly pray his maj'J"^ favour, referring to plantation goods, that they, hauing pajd his maj'J'^' dues, according ^ act of Parliament in the 25"^ yeare of his maj'J^', his subjects in this colonje may haue liberty granted them to transport the sajd plantation goods into Europe or any other parts & ports, as his maj'J''' subjects in England may lawfully doe, without being accompted breakers of the act of Parljament made in the twelfth yeare of his maj'J'^^ reigne, and that what plantation goods are loaden directly from hence in to England, Ireland, Wales, or Berwick vpon Tweed, may be landen custome free, his maj*jes dues hauing been already pajd. 7. Whereas wee haue imposed some smale rates vpon stralngers, as well as our oune inhabitants, which hath beene but one penny in the pound ster- ling, it hath blnn donn for the necessary support of the government, and errecting & mainteyning fforts for our deffence, which rates haue beene of late greatly augmented vpon our oune inhabitants (but not vpon strangers) by reason of the late warr with the Indians. 8. In obedience to his maj'J*^ comand to informe the inhabitants vnder the clajme of M"^ Mason, that they make their address to his maj*^^, this Court hath informed them of his maj*J^^ pleasure therein, and they being patent [*346.] vnder the gouei-nment of the Massachusets, *and applying themselues to this Courts, we answer, that by patent right, as also by the opinion of his maj'jes lords cheif justices, & the lords of the Comittee for Forrelgne Plantations, & confirmd by his maj'J' at the council board, July 20"*, 1677, our patent is to extend three miles northward of Merrimak, and three miles southward of Charles Riuer, within which Ijmltts M' Masons present clajme Ijes, and all THE MASSACHUSETTS BAY IN NEW ENGLAND. 349 tryalls for titles of land ought to be in his majestjes Courts vpon the place, 168 1-2. and all persons concerned are required to acquiesce therein ; and which not- '' "^ . , . . . . . _ 23 March. Withstanding, M"" Mason submitts not to his maj'J^^ comands, but still persists in troubling his maj* w''' complaints, and occasioning much trouble & disquiet to his maj'J*^ subjects here, w"'' wee humbly craue his maj'y would put a stop vnto. 9. For the Prouince of Meyne, yow shall give his magtje a true relation of our proceedings w"^ reference to the setlement of our goQnment, according to the charter granted to S"^ Fardinando Gorges, & of the extraordinary charges, amounting to aboue eight thousand pounds, besides the loss of many of our men during the late warr, and since, for the deffence of his maj'jes subjects there against the Indians, who threatned us with another warr. 10. Forasmuch as his maj*-i' hath in his late letters gratiously intimated to us, & to our messengers, (in their late attendance,) that he hath no intention to violate or infringe our charter, we therefore doe not vnderstand by the regulation of the gouernment, that any alteration of the patent is intended ; yow shall therefore neither doe nor consent to any thing that may violate or infringe the libertjes & priuiledges granted to us by his maj'-'^^ royall charter, or the gouernment established thereby ; but if anything be propounded that may tend therevnto, yow shall say, yow haue received no instruction in that matter, and shall humbly craue his maj'J*' favour that yow may not be constreyned to make answer thereto, but haue liberty to give an account thereof. 11. Yow shall endeavour to give his maj'^ & honno^ble covncil satis- faction with refference to the premisses, humbly craning the continance of his jjjgjtjes grace and favour toward us, who haue alwayes endeavoured to approoue ourselues his maj'^^ most loyall subjects, & promoters of his croune & dignitje, & w* alwajes we shall continue to doe. And wherein there hath been any varying from the strict termes of his maj*^ royall charter, yow shall beg his princely consideration of the circumstances of our condition in all respects, (whilst our allegiance to his majesty hath binn *sincerely majntejned,) suppli- [*347.] eating his gratious pardon for what of that nature is past, which wee haue now amended, & obleiging that our patent shallbe the rule, according to which wee shall endeavour to frame our lawes more strictly for the future. By the Court. Signed, EDWARD RAWSON, Secre?. Dated in Boston, in New England, IS"" February, 1681. In answer to the petition of the selectmen of Billirrica, to the quaestion 350 THE RECOEDS OP THE COLONY OF 1681-2. therein made, the Court judgeth it meete to referr all persons concerned to ■what the law determines in those cases, & declares the former act of setle- ment, dated October 12, 1669, for the payment of thirty eight shillings p annu by the Wymans to Billirrica, is hereby made voyd. 23 March. 1682. 24 May. [*348.] *At a Gennerall Court for Elections, held at Boston, 24"' of May, 1682. SYMON BRADSTREETE, Escp, was chosen Governo' for y« yeare ensu- ing, & tooke his oath. Tho Danforth, Es^, was chosen Dep* GoQno'^ for y° yeare ensuing, & tooke his oath, & 2* Coiniss. Richard Saltonstall, Majo' Gennerall, & tooke his oath. Daniel Gookin, and Daniel Dennison, John Pynchon, "W" Stoughton, and Joseph Dudley, Peter Bulkley, and Nath Saltonstall, Humphrey Dauy, W'^ Broune, Jn° Richards, Samuel Nowell, and John Hull, James Russell, and Peter Tilton, Barthoi Gidney, Samuel Apleton, Robert Pike, 1^' Comissioner for y« Vnited Colonjes. 2^ Comission' for -f Vnited Colonjes. Es^s, were chosen Assistants for y" yeare ensu ing, & tooke y*ir oaths, as vide D'book. 1^' Comission' in reserve. Treasurer for y" yeare ensuing, & took his oath. J Edward Rawson, & was chosen Secretary for y« yeare ensuing, & tooke his oath. Here foUowes the names of the deputjes retui-nd from the seuerall tounes to serve at y^ Court : — M' Edmond Batter, M'^ Samuel Gardiner, Salem. THE MASSACHUSETTS BAY IN NEW ENGLAND. 351 Cap? Eichard Sprague, M"^ Jn" Cutler, Charls. 1682. M' James Blake, Dorch. ' r— ' M"^ Antho Stoddai-d, M'' Elisha Cooke, Cap? Elisha Hutchinson, Boston. M' Edw* Morrice, Hbxbury. M' Symon Stone, Water T. M' Edw* Winship, M' John Stone, Cambr. M' Andrew Mansfeild, Lyn. M"^ Jn°tha "Wade, Capt Jn° Whiple, Ipswich. Cap? Dam Pearse, Newti. M' I^niell Cushin, Hingh. M' Stephen French, "Wey. Cap? Daniell Fisher, Dedh. M' Joseph Pynchon, Springf. M"^ Jn" Flynt, Concord. Cap? Jn" "Wayt, Maulden. M"^ Jn" Broune, Eedding. Lef? W-" Johnson, Woo*. M' W-" Haskall, Glosester. M' Samuel Thompson, Braintry. M"^ John Pickard, ^'^'"'- Eouley. Cap? Jn" Wayte, Maiden. Cap? Georg Barber, Medfeild. M'^ ^ , Marlborough. Left W'^ Clarke, Northampton. Lef? PhilHp Smith, Hadley. Cap? Georg Barber, Meadfeld. Mr s/^m Blake, for Milton. M"^ Excercise Connant, Beverly. Cap? Daniel Fisher was chosen Speaker for y^ session. *This Court, taking into consideration that by the frequent exportation r*349.] of our New England coyne out of the country, whereby coiSerce and trade is Peeces of | to very much obstructed, as an expedient to keepe money in the country, it is wording to yir ordered, that all peices of |, as pillar, civil, & Mexico coyne, that are good weight good silver, shall passe amongst us as currant money of New England, according to their weight in the present New England coyne. "^ Humphry Davy & John Hull, Es^s, are appointed, w"" Cap? Elisha Coffiittee to ^ take y Tresu- Hutchinson, M' Elisha Cooke, & Cap? Eichard Sprague, as a comittee rers acco'. 352 THE KECORDS OF THE COLONY OF 1682. to examine & receive the Tresurers accounts, & make their returne to the next ' ^ ' session of this Court, in October. „ . , ^^ The ReQend M'' John Eogers beinff now chosen president of the col- President Eo- o o gers sallery. ledge at Cambridge by the corporation, & y" choyce approoved on by the oflseeres of the coUedge, it is ordered, that his yearly allowanc be one hundred pounds in money, and fifty pounds in other pay, during his continuanc in that place & imploy. M' Andrews & It is Ordered, that M' Sam Andrews & M"^ John Cotton, the two fellowes of re'om*en5^ 50" H^'J^'^^^^'i CoUedge, (hauing tooke much paynes & vsed much diligenc in car- betweenethem. rying On the prassidents worke, since M"^ Oakes death, to good sattisfaction, for their encouragement, & in recompence of their service, shall haue pajd vnto them by the Tresurer of the country fiuety pounds in money. Fortifficationa Whereas it is informed that the fFortifications at Charls Toune & Salem &c a/charie ' ^^^ Very deffective & vnserviceable, if occasion should require, this Court doth Tou. & Salem, therefore comend it to the care of the comittees of militias & selectmen of said &c. _ . _ •* tounes, by the aduice of the majo"^ gennerall, forthwith to repayre the sajd fortiffications, or, if neede be, to build or rayse such fort or forts as shallbe necessary for defence of sajd tounes ; and the id coinittees and selectmen of sajd tounes are heereby impowred to levy vpon their respective tounes & in- habitants such summe or summes as may effect the same. M' Stoughton The Gennerall Court hauing appointed & impoured M"^ Stoughton & M' M^ssfon''&r •^'^'i^^y to doe what is yet necessary pursuant to the psecution of the 4"^ & 5"» article of their returne made February 18'\ 1681, and to make returne of what they doe therein to this Court, refference to the order in that matter being had, it is now ordered, that M'' Bulkley be impoured & joyned with M' Stoughton, in the roome of M'^ Dudley, to pursue the premisses to effect, they making deeds of sale from the Indians to be to the GoGn' & Compa of y" jurisdiction. M' stoughton It is ordered, that W" Stoughton & Jn" Hull, Escps, be & hereby are im- foffittt^e"about P^"*^"^^*^ t° J°y"^e "*^"' Jditaes Russell, Es^, Tresurer, &(3, as to make agree- licenses. ments w*'' the inkeepers & vintners, in the steed & roome of M' Dudley & M' Richards. [*350.] *In ans'^ to the petition of Leif t John Maudsley, of Westfeild, the Court Ans' to Leif judgeth it meet to refferr the whole matter thereof to the consideration of the Jn" Maudsleys pet. County Court of Hampshire, who are heereby empowred to act herein, and to setle it in such a way as the law in this case doth direct, and as may remoove all just ground of complaint from the peticoner. 27 May. Know all men by these presents, that wee, whose names are vnderwrit- THE MASSACHUSETTS BAY IN NEW ENGLAND. 353 ten, proprieto'^^ of the Indian plantation neare Marlborow, and haue right to the land and priuiledges there, doe freely consent, vpon consideration of a valuable sume of money secured to be pajd to us by Samuel Gookin, of Cambridge, doe grant to him, the sajd Gookin, his heires and assignes, free liberty to erect a saw mill vpon any brooke or runn of water within the sajd Indian planta- tion, w"" so much land as is vsefuU for damming, wharfing, pond, &6, not ex- ceeding three acres, and vse any timber that is suiteable to saw, especially pine timber ; to haue & to hold the same, during the space of thirty yeares, to him, his heires and assignes ; and also, wee, the sajd proprieto'^, doe im- power the sd Gookin to preserve our interest in wood & timber during the sajd tjme, and to sue, arest, and implead, in our names, all such as shall tres- pass vpon our land in the sajd place ; and all this wee grant to hirti, as afore- sajd, vpon condition the Gennerall Court doe approove and consent therevnto. In witness hereof wee doe sett our hands & scales. May eighteenth, 1683. lu the presence of WABANS, X mark & a seale, PYAMBOW, O mark & a seale, GKEAT JAMES, V/^ m'k & a seale, \. in bla wax. THOMAS TRAY, m'^k & a seale, JOHN MICOS, his m-^k & a seale, Waban, Pyambow, Great James, John Magus, personally appearing, ac- knowledged this deed, May 19"", 1683, before me, WILLJAM STOUGHTON. And was annext : Forasmuch as the Indians, our neighbour proprieto™ 27 May. of the touneship of "Whip Sufferage, neere Marlborough, haue, by a writting vnder their hands & seales herevnto annexed, acknouledged, by the priiiple of them, before vs, the 19'^ of May last, at Natick, granted liberty to Samuel Gookin to build a saw mill vpon a brooke or runne of water within their bounds, and the c[uantity of about three acres of ground for the mill and damm to stand vpon, w*'' liberty Hiberty of timber, especially pine, for to saw [*351.] into boards, &.&, and all this for sattisfaction to be given them by him, to be enjoyed by him for the terme of thirty yeares, wee haue heard the partjes, and considered the matter, an conceive it willbe for the publicke good of the place and no prejudice to the Indeans, there being abundanc of pine timber vpon the place, as wee are informed, and no great opportunity of sale but only to the people of Marlborough ; and therefore, if the Court please to confirme VOL. V. 45 354 THE RECORDS OF THE COLONY OF 1682. the sajd grant, wee see no inconvenience to any English or Indian, but a pub- '—-r—' lick vtillity in it. Dated the 27'^' of May, 1682. 27 May. ^„ STOUGHTON, JOSEPH DUDLEY. The Court doth allow & confirme what is aboue desired. As attests EDWARD RAWSON, Secre?. & stands thus entred & recorded at the request of M' Gookin, leaug a copi. Attests EDW" EAWSON, Secre?. To all people to whom these presents shall come, greeting : Know yee that wee, Waban, Pyambow, Tom Tray, John Magos, Peter Ephrajm, John Awassamug, John Macqua, all now inhabitants of Naticke, for and in consideration of a valuable sum of money secured to be pajd to vs by Samuel Gookin, of Cambridge, and Samuel How, of Sudbury, doe, with the consent and approbation of the rest of the proprietor's, by these presents acknowledge to be fully sattisfied and contented, and thereof, and of euery part thereof, doe fully, clearly, and absolutely acquitt, exonnorate, & discharge them, the sajd Samuel Gookin and Samuell How, their heires, execcutors, and administrato'^s for euer, by these presents, haue granted, bargajned, and sold, alljened, en- feoffed, & confirmed, and by these g>sents doe fully, clearly, and absolutely grant, bargaine, and sell, alljene, enfeoffe, and confirme vnto them, the sajd Samuel Gookin & Samuell How, a parcell of land lying and being in the bounds of Natick, conteyning, by estimation, two hundred acres, more or lesse, bounded w"" Sherborne Ijne southerly, w"' John Bent and Dauid Stones land northerly, Henry Rices land and Catchechauitt Pond easterly, to haue^ and to hold the aboue granted premisses, be the same more or less, w"' all the priuiledges and appurtenances to the same apperteynng, or in any uise belong- ing, to them, the sajd Samuel Gookin and Samuel How, their heires and assignes for euer, to thejre only propper vse and bennefit ; and wee, the abouesajd Waban, Pyambow, Tom Tray, John Magos, Peter ^ , John Awas- samug, for vs, our heires, administrators, and assignes, doe couenant, promise, P352.1 ^^^ grant *to and w**" the sajd Samuell Gookin and Samuel How, their heires and assignes, by these presents, that they, the sajd Samuell Gookin and Samuell How, shall and may at all times, and from time to time, for euer hereafter peaceably and quietly haue, hold, occupy, and enjoy the aboue granted prem- THE MASSACHUSETTS BAY IN NEW ENGLAND. 355 isses, w*'' all the priuiledges and appurtenances therevnto belonging, w*''out the lett, denyall, or contradiction of us, Waban, Pyambow, Tom Tray, John Magos, Peter Ephrajm, John Awassamug, John Macqua, our heires, exec- cuto'^s, admstrato's, or assignes, of them, or either of them, or by any other person or persons whatsoeuer, lawfully clayming, or hauing any right, title, or interest therein, or in any part or parcell thereof, by, from, or vnder vs. In wittnes whereof, wee, the aboue named Waban, Pyambow, Tom Tray, John Magos, Peter Ephrajm, John Awassamug, John Macqua, haue herevnto put our hands and scales, this 19"" day of May, 1682. "WABANS marke, ^ & a. seale, Sealled and deliuered in PYAMBOW, gl mark, & a seale, the presence of vs. TOM TRAY, cr>^ m'"k, & a seale, Edw^West, JOHN MAGOS, & a seale, Thomas Sawin. THO: WABAN, & a. seale, JN° MACQUA^ & a seale, ^ ^ a seale. Waban, Pyambow, Jn° Magos, Thomas Waban, & John Macqua ac- knowledged this deed, May 19% 1682, before me, WILLIAM STOUGHTON. Annex'. Whereas wee are appointed by the Gennerall Courts order, dated the 15"' of February, 1681, to transact some matters relating to the Indeans, con- cerning their lands, and being vpon that occasion at Naticke, the 19"" of May, there was presented vnto vs the deed of sale herevnto annexed from the prin- cipal! men of Natick, which they acknouledged before vs, made to Samuell Gookin & Samuell How, for a parcell of remote & wast lands belonging to the sajd Indians, lying at the vttmost westerly bounds of Natick, and, as wee are informed, haug scene the platt thereof, is, for quantity, about two hundred acres, more or less, being meane land, and ffor the most part encompassed w*'' lands belonging to the English ; and, hauing inquired into the matter, wee conceive it willbe no ^judice or inconvenience to the Indians, or their planta- tion, of Natick to sell the same to the persons concerned, *which, at request [*353.] of partjes, both Indeans & English, wee offer to the Court for their confirma- tion of the sajd sale. Dated the 27«' of May, 1683. WILLIAM STOUGHTON, JOSEPH DUDLEY. THE KECOKDS OP THE COLONY OF 356 1682. Y rGCoro-BQ 27 May. ' As attests EDW» RAWSON, Secre?, at request of M'^ Gookin he leaving a copie on file in their stead. The Court doth alloTV & confirme what is aboue desired, as here thus recorded. Butler & Hol- loways case finally issued. Hampshire as- sociats. Ans'to Men- don peti'jon, & freedome from rates one yeare, &c. [*354.J Ans' to Jn« Coleman peti- con, &c, as to Hindsdale es- tate. In the case now depending between Stephen Butler and William Hollo- way, &(3, coming to this Court by petition of sajd Butler, touching the estate of the late Benjamin Ward, deceased, the Court, on a full hearing of the case, & pervsall of all euidences produced in the same, vpon all considerations, & for a fynall issue of this troublesome case, the Court doe judge & determine that the sajd Willjam HoUoway, Sen, his children, i. e., Willjam Holloway, Benjamin Holloway, and Mary Holloway, shall pay vnto the sajd Butler the sume of one hundred & fiuety pounds, currant mony of New England, w^in one yeare after the date hereof, by sequall portions quarterly, w* being duely payd, the sajd children shall peaceably enjoy all the houses and lands which the sajd Ward djed seized of, together w* what hath binn builded since his death vpon sajd land, to them and theire heires foreuer ; and for the costs of these three seuerall Courts where the case hath binn last trjed, each party to beare theire owne charges. Leiften' W"' Clarke, Cap? Aron Cooke, & Leiften' Phillip Smith were allowed & approoved of for associates for the County Courts in Hampshire for y* yeare ensuing. In answer to the petition of the inhabitants of Mendon, craving the Courts favour for abatement of country rates this yeare, 1683, which this Court judg- eth meet to grant ; and as to that part which referrs to Indians, the peticoners may take notice, that the Court hath provided in this case by a law made in October last, in w"'' they may rest sattisfied. Touching Robert TafFe, the person complayned of for irregular trading w*^ the Indeans, that matter is wholly left to the County Court of Suffolke to doe therein as they shall judge meet vnto whom, the peticoners may apply themselues for releife. *In answer to the petition of Jn° Coleman & Mehittabell Coleman, for- merly widdow & relict to Samuel Hensdale, sometimes of Dearefeild, & ad- ministrato''s to his estate, humbly craning the Courts favour for giving legall deeds of sale to seuerall persons who purchased lands of sajd Hendsdall in his life time, & haue no assurance of it, the Court judgeth meet to grant their desires, and doe hereby impower them to pass deeds as aforesajd to all such persons as shall make their just right to appeare to the County Court of that shire, & to be recorded accordingly ; and further, it is ordered hereby, and THE MASSACHUSETTS BAY IN NEW ENGLAND. 357 the Court of that county are hereby impoured to order the sale of so much 1682. lands as may be necessary for the payment of just debts, & taking vp of such ' » ^ mortgages as in the petition is exprest. ^^' At this Court, M"^ Zerubbabell Endicots atturney, Lef? Felton, ap- peared, but refusing to giue caution to haue his case heard, w* was granted by the last Court, M' Putnam being present, & being willing to proceed, the Court proceeded, & received in the returne of the coinittee, under exprest : — Salem, Novemb' 15, 1681. "Wee, whose names are vnder written, being nominated and appointed by Coffiittees re- the hono'We QenneraU Court, held at Boston, October 12^ 1681, to endeavor ^ent of m'aT- a more full and sattisfactory setlement of the bounds betweene the farmes of ^'"^ * ^' ^^^' mans farme. M' James Alljn, of Boston, and Nathaniel Putnam & Joseph Holton, of Salem, wee repayring to the place of controiisy the 15"" 9m, 1681, and hau- ing given notice to the persons concerned therein, who, attending the same the next day, & hauing a copje of the originall grant of M"^ James AUins farme out of Salem Toune booke, together with the copye of M"^ Endicots farme, which was next adjacent, wee endeavored to lay M"^ AUins farme ex- actly according to the first grant of it, being guided by the record of it and the best testimony could be obteyned. Wee begann at an old hemlock, fallen doune, and lying by the side of the old sawmill place ; from thence wee ran south sixe degrees & 30 min'^ east, one hundred & sixteene pole, to a stake ; from thence wee ran north seventy one degrees west, fowre hundred pole, to a great maple, old mark. A, standing a litle westward of a swamp, and by a brooke in that place ; from thence north sixe degrees & 30 minu*' west, to a popular, old marked, w"* A ; from thence wee rann south seventy nine de- grees east, one hundred & fi.uety sixe pole, to a stake (eastward of the old orchard) standing by the side of a bridge ; from thence in a direct Ijne to another bridge, called Hadlocks bridge, to a rocke lying in the brooke by the *side of the bridge ; & from thence in a direct Ijne to the first hemlock, which [*355.] last Ijne is according to a former agreement betweene M"^ James Allin & Nathaniel Putman, for the setling of their bounds in that place betweene them w"'in the Ijnes mentioned, is conteyned three hundred acres, according to first grant of it to M'' Bishop : also wee haue added eight acres to the former farme, at the north east corner of the sawmill place, (according to Salem reccord of Y= piatt is on file. M' Bishops farme, as aforesajd,) bounded by the water of the brooke that divides between M"^ Endecot & M' Skelton ; also wee haue ordered the sur- 27 May. 358 THE EECORDS OE THE COLONY OF 168 2. veyC, Jonathan Danforth, to make a returne of the the eight acres, w"" the platt & reccord of the aforesajd fFarme, this IS"' 9 &., 1681. EDMOND BATTER, DANI: EISHER, JOHN WAITE, W"^ JOHNSON, ANDEEW MANSFEILD. The Court haue past this returne of the comittee aboue written. Nath. Stowes The land rep'sented by a platt, deliuered into this Court, conteyning a '"^'"^lad "ut •I'lantity of two hundred fiuety & three acres, layd out for Nathaniel Stow, of Concord, is bounded from A to B by Marlborough bounds line ; from B to C, and from C to D, and from D to A, by country land, the Ijne being extant by marked trees, layd out 23 April, 1675. JN" FLYNT, Surveyor. The Court allowes of this returne. Axis' to Mary In ans"^ to the peticon of Mary Hutson, relict of John Hutson, hir late Eon ^°"^ ^^ husband, humbly craving this Courts favour to impower hir to sell or mort- gage the house & land of hir id late husbands for the payment of his debts, the Court grants hir request, so as M' Humphry Davy consent to hir sajd act. Ans' to Mary In ans"^ to the peticon of Mary Feild, relict of RoVt Feild, humbly de- 'ei s peticon. g-j.-jjg ^j^g favour of this Court to grant hir liberty to sell y" house & smale parcell of land formerly given to hir husband & self, hauing but litle house- hold stuif to maynteyne hirself & -smale children, the Court judgeth it meet to grant hir peticon. 21" to be pi to This Court, in May, 1680, hauing allowed to M' Sara Steele twenty one berth • Tres' po^'^'^s, in Country pay, for 21 months diet of Jonathan Wells, a woimded for 21 mo. diet soldier, w* the said Steele not acceptinsr, sued M' Jonathan Gilbert, of Hart- ofJnnh.Wells, "^ _ _ itc. ford, & recouered of him a greater sume ; wherefore now, at the motion of sajd Gilbert, this Court orders the sajd twenty one pounds to be pajd by the Tresurer to the sajd M' Gilbert, or his order, provided that due care be taken Tho. Acfdams i^rri i-i . .t • i n i ,-,.. lef ofCheims- "J J iresurer that it be not agam pajd to sajd Steele, or any other, by his f"'^- order. Ans' tn Han- nah Hides pet. Ensigne Thomas Addams is appointed to be leif ? to the ffoot company in pgjj^ ™ "° ^ Chelmsford, vnder ye coiriand of Capt Samuel Addams. [*356.] *In ans' to the peticSn of Hannah Hide, the Court judgeth it meet to THE MASSACHUSETTS BAY IN NEW ENGLAND. 359 confirme the setlement of Elijah Kendricks estate, made by the County Court 1682. for Middlesex, as is therein recited. '^ 27 May. In ans' to the petioSn of Sarah Hubbard, relict of My Richard Hubbard, , , + lyj,, the Court approoves of the sale of y" peece of land mentioned in hir peticon. Surnh Hub- bards petico. In ans"' to the peticon of Elizabeth Beers, relict & administratrix w"' a ' t 'd Eliaz"^ Beers, administrator to the estate of the late Capt Rich* Beers, humbly ^ow Beers, &c, peticon. desiring the favour of this Court, that he may haue liberty to lay out three hundred acres of land, formerly granted to sajd Rich"^ Beeres, but lately taken in to M"' Nowells farme, new bounded, & before his granted, the Court grants their request in any free land vndisposed of by any artist, &S. I, Peter Goulding, doe acknowledg vnto this Gennerall Court, worthy Pe. Gouidings of honnour, that so farr as the suspending of their sentence against me was in ^g^j ^ ^^g favour or kindness to me or mine, I doe acknowledg it worthy of thanks, & remitted. doe hereby in all humility render my hearty thanks for the same. I doe ac- knowledg that from God I haue justly deserued the fine or punishment I am sentenced vnto. I doe acknowledg, that in the matter & manner of my com- plaint, I acted foolishly, and sinned against God, and that it is not in my oune power to act otherujse. I doe acknowledge that it is high time for the re- pentance of euery man, and cheifly of PE: GOULDING. The Court accepts of his acknowledgment, & remitts his fine. In ans'' to y^ motion of Symon Lobdell, the Court judgeth it meet to Ans' to Symon Tim 1 • r 1 -IT (< • o • ^ Lobdells peti- order the iresurer to pay him twenty tower shillings tor stirrvps & girts tor g^n y* souldiers, & for keeping two Indians, &S, as in his peticon. In ans' to the peticon of John Mason, of Dorchester, one of the execu- Ans' to Jn« Masons peti- tors of Jane Burg, some time wife of John Gurnell, the Court judgeth it gon. meet to grant the peticoners request, liberty & power to make sale for y^ ends mentioned in the peticbn. In ans"^ to the peticon of John Hoare, & on further consideration thereof. Courts grant to /•!• 'T /•! ^ f 1 o •\ ^"° lioares the Court judge meet, lor his service donn lor the pubhck, &e, to grant to tiie ^;fe & ^hii- uife & children of the sajd John Hoare two hundred acres of land, in any ^ren, 200 acres. coinon lands free from former grants, & not hendering a plantation. . Ralph King JI' Ralph King is appointed, on the request or motion of the militia of lefi to y troop y^ toune of Lynne, to be leiil to y'' troope of horse in Lynne. ^ ^"°' ♦Humphry Davy, Samuell Nowell, Esq)s, Cap? Richard Sprague, M"^ _ '-' Elisha Cooke, Leiu? W™ Johnson, & Capt Jn° Wayte are appointed a comittee y» coiiedg. 360 THE EECOKDS OE THE COLONY OF 16 82. to examine the colledge account, giuen in by M'^ Jn° Manng, & what hath binn ' '' "" expended as lent vnto the colledge out of the corporation stocke or otheruise, 27 May that it may be repayd, and also to consider what is meet to be allowed & given to the stewards that haue had the mannagement thereof all this time, making return of what they doe at October sessions. Maj'Pmchons It is Ordered, that the Tresurer pay Majo"" John Pynchon fine pounds hls°i'ourney " money for his service & cost as to his journeys & costs at Hartford Court, &E, aht M' abo^;^(- jyjr Bulkley suit ag' him. Bulkleys suite. Ans' to Jno I^ ^ns'' to the petition of John Mun, the Court judgeth it meet to order Muns petjcon. (.j^g Tresurer to pay him fiue pounds in country pay. M- Peieg San- M"" Peleg Sanfords account, presented by Tho Danforth & Joseph Dudley, his baiianc &c. Es^, w* is on file, the Court judgeth it meet to order the Tresurer to pay to Majo'' Peleg Sanford, or his order, our proportion of the sixty pounds bal- lance in or as money. Ans- to Cap' In answer to the petition of Capt Penn Tounsend, for a hearing of his tiOon''aheadns ^^^^ ^^ &ne, the Court granted a hearing of y" case, but respitted the hearing in October gf ^}jg g^se till the first Tuesday in the next sessions of this Court, at nine of next. the cloke, on the same caution, & the goods attached by y^ sajd Tounsend to remajne vnder y" attachment till y* judgment of the Gennerall Court in Octo- ber next be past. Comittee as to Whereas, vpon the petition of the inhabitants of Northampton, and others, in 72, a plantation was granted to them, vpon conditions expressed in sajd grant, vpon Connecticot Eiuer, at a place there called Squaheage, and a comittee ajjjpointed & empoured by this Court to order & regulate the affaires of that plantation till this Court take further order, — now, forasmuch as the majo' pt of sajd comittee are dead, vpon the petition of the proprietors, this Court judgeth it meet, & doe hereby nominate & appoint Ensigne John Lyman, Serjant John King, & Serjant Preserved Clap to supply the place of the deceased, & to joyne w**" the remaying part of the former comittee, and that they, or the majo"" part of them, shall haue the full power of y" former coinit- tee, and to act in all respects as in sd order is prouided. [*358.] *In ans' to the petition of Eichard Weller & other inhabitants of Deer- Order for re- fgiid^ the Co art not being sattisfied that they may give away other proprietjes feiid, &c. w*out their consent, yet being desirous to doe what may promote the setling sajd plantation, doe coinend it to the rest of the proprietors to follow the good example of those that haue given vp euery tenth acre, or otheruise, as they shall see cause, it being a very probable way to gaine more vsefull inhabitants for planting & setling sajd place ; and as for the orphants, whose right & pro- priety" are not to be made voyd by this Court, but rather secured for them, or THE MASSACHUSETTS BAY IN NEW ENGLAND. 361 that which maybe as good for them, the Court judgeth it meet that they choose 1682. their guardians, who may act for them, referring to those orphants lands as * ^ "^ such guardians judg best for securing the orphants estate, w"' respect to the furthering, promoting the planting, & speedy setling the sajd plantation ; and ' for such children as are not capable of choosing guardians, the County Court for Hampshire are to make supply in appointing guardians who may act for them accordingly ; and this order of Court to be their warrant in so doing, and security to such guardians hauing allowanc & approbation of the County Court therein. In answer to the petition of Edmond Sheffeild, of Braintree, the Court, Ans' to Ed hauing pervsed a deed of sale made by the adminstrato's of the late Leiue- ^^^^ peiiEou teant Joshua Fisher, who were impoured therevnto by this Gennerall Court, ^^ *" * ^^^^ °^ sale. doe judge that the sajd deed of sale is and ought to be accounted good to all intents & purposes, according to the trust comitted to them, the sajd admns- trators. Whereas wee are appointed by the Gennerall Courts order, dated 15 of M' stoughton February, 1681, to transact some matters relating to the Indians concerning cirtifficat& their lands, & being vpon that occasion at Naticke, the 19"^ of May, there ^""'''^ confir- ° -^ ' ■" mationofy was presented vnto vs the deed of sale, herevnto annexed, from the principall Indians deeds men of Naticke, which they acknowledged before vs made to Samuell Gookin p -...,_ & Samuell How, for a parcell of remote & wast land belonging to the sajd Indians, lying at the vtmost westerly bounds of^ Naticke, and, as wee are informed, (hauing seen the platt thereof,) is for quantity about ^ . acres, more or lesse, being mean land, & sajd the most part encompassed w** land belong- ing to the English ; & hauing inquired into the matter, wee conceive it will be no pjudice or inconvenience to the Indians or their plantation of Naticke to sell the same to the persons concerned, w""", at y® request of partjes, both English & Indians, wee offer to the Court for their confirmation of y° sd sale. Dated 21 May, 1682. WILLIAM STOUGHTON, JOSEPH DUDLEY. The Court past their allowanc hereof, & confirmation of y^ deeds annext. *To all Christian people to whom this present deed of sale shall come, P359.1 greeting. Know yea that wee, Waban, Pyamboho, John Awasamog, Thomas Awasa- mog, Samuel Awasamog, John Awasamog, Juno', Anthony Tray, John Tray, VOL. V. 46 362 THE RECORDS OF THE COLONY OF 1682. Peter Ephraim, Nehemiah, James Eumney Marish, Zackary Abraham, Sam *— 'V ' Neancit, Symon Sacomit, Andrew Pittyme, Eliazer Pegin, John Maquaw, *^' James Printer, Samuell Acompanit, Joseph Milion, Elisha Milion, & Cock- squannion, Indian natives, and and naturall descendants of the anntient pro- prieto'^s & inhabitants of the Nipmug country (coinonly so called) and lands adjacent, ■w*''in the colony of the Massachusets in New England, for and in consideration of the suine of thirty pounds currant money of New England to us in hand, at and before the ensealing and deliuery of these presents, well and truely pajd by Willjam Stoughton, of the toune of Dorchester, Es^, and Joseph Dudley, of the toune of Roxbury, Esqui'', both w'^'in the sajd colony of the Massachusets, the receipt of which valuable summe wee doe hereby ac- knowledge ourselues therewith fully sattisfied, contented, and pajd, and thereof and of euery.part and parcell thereof, wee and euery of us respectively doe exonnorate, acquit, and dischardge the sajd Willjam Stoughton and Joseph Dudley, and either of them, their each and euery of their heires, execcuto's, administrato'^s, & assignes, for euer, by these presents ,• haue given, granted, bargained, sold, aliened, assigned, enfeoffed, and confirmed, and by these presents doe freely, fully, & absolutely give,, grant, bargaine, sell, aljene, as- signe, enfeoffe, convey, assure, and confirme vnto the sajd Willjam Stoughton and Joseph Dudley, theire heires and assignes, for euer, all that part of the Nipmug country aboue named, or their tract of land scittuate, lying, and being beyond the great ryuer called Kuttatuck or Nipmug B-yver, .and be- tweene a rainge of marked trees, beginning at the sajd riuer, and runing south east till it fall vpon the south lyne of the sajd Massachusets colony on the south, and a certeine imaginary Ijne fowre miles on the nojrth side of the road, as it now Ijeth, to Springfeild on the north, the sajd great riuer of Kuttatuck or Nipmug on the eastward, and the sajd patent Ijne on the westward ; all the lands lying within the sajd Ijmits or bounds, be the contents thereof more or [* 360.1 less, together with all *and singular the rights, members, jurisdictions, lib- ertjes, wajes, riuers, waters, water courses, springs, ponds, pooles, pasturage, herbage, feedings, comons, comoditjes, hseridittaments, and appurtenances watsoeuer in or vpon the sajd tract of land, or any part or parcel thereof or there vnto in any in any wise belonging or apperteyning, w"' all woods, vn- derwoods, timber, and trees whatsoeuer now standing, grouing, lying, or being, or w"^ hereafter shall stand, growe, lye, or be vpon the sajd bargained premisses, or any part or parcell thereof; and all fishings, fowlings, hunt- ings, heridittaments, profitts, and priuiledges whatsoeuer thereto belonging, with the same now or at any time hereafter to be had, vsed, occupied, & en- joyed; and all the estate, right, title, interest, vse, propriety, possession, THE MASSACHUSETTS BAY IN NEW ENGLAND. 363 clajme, and demand whatsoeuer of them, the sajd Waban, Pyamhoho, John 1682. Awasamog, Thomas Awassamog, Sam Awasamog, John Awasamog, Junio', ' . 27 May, Anthony Tray, John Tray, Peter Ephraim, Nehemiah, James Runney Marsh, Zachary Abraham, Sam Neancit, Symon Sacomit, Andrew Pittome, Eliazer Pegin, John Maquau, James Printer, James Accompanit, Joseph Milion, Elisha Milion and Cocksquannion, and euery of them, of, in, or to the sajd tract of land, or any part or pai'cel thereof, and priuiledges & appurtenances therewith granted ; to haue and to hold the aboue granted tract of land, being part of the Nipmug country, (comonly so called,) as aboue limitted and bounded, be the contents thereof more or less, and all other the aboue granted premisses -and appurtenances, vnto them, the sajd WjlHam Stoughton and Jo- seph Dudley, their heires & assignes, and to their only propper vse, bennefit, and behoofe, from henceforth foreuer. And wee, the sajd Waban, Pyamboho, Waban & com- John Awassamog, Thomas Awassamog, Sam Awassamog, John Awassamog, of Nepmue^" Junio'', Anthony Tray, John Tray, Peter Ephraim, Nehemiah, „ Eufiiey deed of sale. Marsh, Zackary Abraham, Sam Noancit, Symon Sasomit, Andrew Pittome, Eliazer Pegin, John Maquaw, James Printer, James Accompanit, Joseph Miljon, Elisha Milion, and Cocksquannion, Indian natives, present possessors and inhabitants of the sajd Nipmug country, and naturall descendants of the auntient proprietor's and inhabitants thereof, doe, for ourselues, our heires, ex- eccuto''s, & admnstrato^'s, couenant, promise, and grant to and with the sajd •Willjam. Stoughton and Joseph Dudley, their heires and assignes, in manner [*361.] following : viz*, that at the tjme of their bargaine and sale, and vntil the en- sealing and deliuery of these presents, wee are the true, sole, and lawful ouners, proprieto'^s, and possessors of the aboue bargained land, premisses, and appurtenances, and stand lawfully seized of and in the same in our oune prop- per right of a good estate of inhseritance in ifee simple, w'l'out any manner of condition, revertion, or Ijmitation of vse or vses whatsoeuer ; free and cleere, and freely acquitted and discharged of and from all former and other bargaines, sales, mortgages, judgments, executions, titles, troubles, charges, alienations, and incumbrances whatsoeuer ; and that wee haue in ourselues full power, good right, and lawful! authority to grant, bargaine, sell, convey, and assure the aboue bargained premisses, and euery of them, vnto the sajd Willjam Stoughton and Joseph Dudley, their heires and assignes, in manner as is afore expressed, and the afore granted tract of land cgnteyned w'^in the Ijmitts and bounds aboue expressed, both vpland, meadows, swamps, and wood ground, and all other the ^misses, libertjes, and appurtenances unto the sajd William Stough- ton and Joseph Dudley, their heires and assignes, against ourselues and euery of us respectively, our and euery of our respective heires, execc'", and admns- 364 THE KECORDS OF THE COLONY OF 1682. 27 May. [*362.] trato'^s, and against all & euery other person and persons whomesoeuer, clajm ing any right, title of interest therein, wee will warrant, mainteyne, and for euer defend by these presents, and will, at any time or times hereafter, vpon demand of the sajd Willjam Stoughton and Joseph Dudley, their heires or assignes, give vnto them more full and ample conveyance and assurance of the said bargained premisses, and doe any further act or acts, thing or things, deuice or deuices in the law whatsoeuer, for the better confirming and most sure making of the same, according to the true intent and meaning of these presents. In wittness whereof, wee, Waban, Pyamboho, John Awasamog, Thomas Awasamog, Sam Awasamog, John Awasamog, Jun', Anthony Tray, *John Tray, Peter Ephraim, Nehemiah, James Rumney Marsh, Zackary Abraham, Sam Neancit, Symon Sasomit, Andrew Pittome, Eleazer Pegin, John Maquaw, James Printer, James Accompanit, Joseph Milion, Ellsha Milion, and Cocksquannion, haue herevnto sett our hands & scales, this tenth day of February, anno Domifi one thousand six hundred eighty one, and in the fower & thirtjeth yeare of the reigne of our soueraigne lord, King Charles the Second, ouer England, &(Sa. "WABAN, X his mark, & scale, PYAMBOHO, Q his m'-ke, & scale, JOHN AWASAMOG, O his m-^k, & scale, SAMUEL AWASOMOG,C^his m'^k, & a scale, SAMUEL BOMAN, /^ his m'k, & a scale, JOHN AWASAMOG, ^ his m'^ke, & a scale, ANTHONY (jy TRAY, his m'ke, & a scale, THOMAS ^ TRAY, his marke, & a seale, BENJAMIN "^ TRAY, his marke, & a seale, JETHRO, "^ his m^ke & a scale, JOSEPH AMNION, Jo his m% & a seale. PETER EPHRAIM, be his m'ke, & a seale, ANDREW PITTIME, An his m'-k, & a seale, NEHENMIAH, his marke, & a scale, ZECKARY Q_r ABRAHAM, his m%e, & a seale, SAMUEL NOANCIT, ,4^ his m-^ke, & a scale, THOMAS WABAN, ^^ his m'k, & a seale, GEORGE MOONISCO, G his m'k, & a seale, ELAZER P PEGIN, his marke, & a seale, SYMON ^VW-u SOSAMIT, his m'ke, & a seale, GREAT JACOB ^^^ JACOB, his m-^ke, & a seale, Sigum ELISHA MILION, O, aljas MENUNION, his m'^k, & a seale. Signed, sealed, & dcliu- ered in ^sence of vs, Samuel Rugles, Sen, Daniel Morse, Sam Gookin, John Allen, Obadiah Morse. THE MASSACHUSETTS BAY IN NEW ENGLAND. 355 All the subscribers, personally appearing, acknowledged this instrument 1682. to be their act & deed, before me, ^~^ — " — —' DANIEL GOOKIN, Sen, Assistant. ^''^^^' This deed, on these 4 sides of y* booke, thus signed, subscribed, & sealed, stands here this recorded, being compared w"" the origifiall. As attests EDWARD EAUSON, Secref. *To all Christian people to whom this present deed of sale shall come, [*363.] greeting. Know yee, that wee, Blacke James, aljas Walamachin, Benjamin, James, Symon Wolomp, Sasequasuck, Pompectum, Wolwononck, Papomsham, Pepagous, John Awagwon, Sosoquaw, Aquetaquash, James Wiser, James Acojocks, Walumpan, Papcunquanaut, Waumshk, Indian natives and naturall descendants of the auncient proprieto'^s and inhabitants of the Nipmug coun- try, (coinonly so called,) and lands adjacent, within the colony of the Matte- chusetts, in New England, for and in consideration of y' suine of twenty pounds in currant money of New England, to us in hand, at and before the ensealing and delluery of these presents, well and truely pajd by Willjam Stoughton, of the toune of Dorchester, Esq>, and Joseph Dudley, of the toune of Roxbury, Esq>, both within the sajd colony of the Massachusetts, the receipt of which valuable suine wee doe heereby acknowledge, and our- selues therewith fully sattisfied, contented, and pajd ; and thereof, and of euery parte & parcell thereof, wee, and euery of us, respectively, doe exon- norate, acquit, and dischardg the sajd Willjam Stoughton and Joseph Dudley, and either of them, their, each and euery of their heires, execcutors, adminis- trators, & assignes for euer, by these presents, haue given, granted, bargained, sold, aljened, assigned, enfeoffed, conveyed, and confirmed, and by these presents doe freely, fully, and absolutely give, grant, bargaine, sell, aljene, assigne, enfeoffe, convey, assure, and confirme vnto the sajd Willjam Stough- ton and Joseph Dudley, their heires & assignes for euer, all that part of the sajd Nipmug country, or their tract of land scituate, lying, & being on the south part of the sajd colony of the Mattachusets, beyond the great riuer called Kuttutuk, Nipmug, or Providence, bounded with the Mattachusets patent line, as the same is now stated, on the souths and certeine marked trees, beginning at sajd riuer and runing south east, till it strike vpon the bounds the of sajd patent line ; on the north, the sajd great riuer ; on the east, and coming to a point on the west, all the lands lying within the sajd limitts or bounds, be the contents thereof more or less, *together with all and singular [*364.J 366 THE RECORDS OF THE COLONY OF the rights, members, jurisdictions, wayes, riuers, waters, watercourses, springs, ponds, pooles, pasturage, herbage, feedings, comons, comoditjes, haeredittaments, & appurtenances whatsoeuer in or vpon the sajd tract of land, or any part or parcell thereof or therevnto in anywise belonging or apperteyning, w"' all woods, vnderwoods, timber, & trees whatsoeuer now standing, growing, lying, or being, or which hereafter shall stand, grow, ly, or be vpon the sajd bar- gained premisses, or any part or parcell thereof; and all ffishiugs, fowlings, huntings, heredittaments, profitts, and priuiledges whatsoeuer thereto belong- ing, or with the same now or at any time hereafter to be had and occupied and enjoyed ; and all the estate, right, title, interest, vse, propriety, possession, clajme, and demand whatsoeuer of us, the sajd Blacke James, aljas Walama- chin, Benjamin, James, Symon Wallomp, Jasocomp, Sasequasacuck, Pompone- chum, Wolowononk, Papomsham, Pepegous, John Awagwen, Sosoquaw, Aque- taquash, James Wiser, James Acojock, Wolampan, Papevnquanant, and "Waumsk, and of euery of us, of, in, or to the sajd tract of land, or any part or parcel thereof, and priuiledges and appurtenances therewith granted, to haue & to hold the aboue granted tract of land, being part of the Nipmug country, (comonly so called,) as aboue Ijmited and bounded, be the contents thereof more or less, and all other the aboue granted premisses & appur- tenances, vnto them, the sajd Willjam Stoughton and Joseph Dudley, their heires and assignes, and to their only propper vse, benefit, and behoofe from henceforth foreuer ; and wee, the sajd Black James, alias Wolamackin, Benja- min, James, Symon Wolomp, Jascomp, Sasequesacuncke, Pompenechum, Wolowononk, Papomsham, Pepegous, John Awaguon, Sosoquaw, Aqueta- quash, James Wiser, James Acojock, Wolumpan, Papevnquanant, and Waumsk, Indian natives, present possessors & inhabitants of the sajd Nip- mug country, and naturall descendants of the auntient proprietors and inhab- itants thereof, doe, for ourselues, our heires, execcutors, and administrators! couenant, promise, and grant to and with the sajd Willjam Stoughton and [*365.] *Joseph Dudley, their heires and assignes, in manner following, viz' : that, at the time of this bargaine and sale, and vntill the ensealing and deliuery of these presents, wee are the true, sole, and lawfuU owners, proprietors, and possessors of the aboue bargained lands, premisses, and appurtenances, and stand lawfully seized of and in the same, in our oune propper right of a good estate of inhaeritance, in ffee simple, w'*out any manner of condition, reuer- tion, or Ijmitation of vse or vses whatsoeuer ; and that wee haue, in ourselues, full power, good right, & lawfuU authority to grant, bargaine, sell, convey, and asure the aboue bargained premisses, and euery of them, vnto the Willjam Stoughton and Joseph Dudley, their heires and assignes, in manner THE MASSACHUSETTS BAY IN NEW ENGLAND. 367 27 May. as is afore expressed, free and cleare, and freely acquitted and discharged of 16 8 2. and from all former and other bargains, sales, mortgages, judgments, exe- cutions, titles, troubles, charges, aljenations, and incumbrances whatsoeuer ; and the sajd premisses, and euery of them, the whole tract of land conteyned ■within the Ijmitts and bounds aboue expressed, both vpland, meadowes, swamps, and wood grounds, with the libertjes, priviledges, and appurtenances thereof, vnto the sajd "Willjam Stoughton and Joseph Dudley, their heires & assignes, against ourselues, & euery of us respectively, each & euery of our respective heires, execcuto's, admstrato"", & assignes, all & euery other person and persons whomsoeuer clajming any right, title, or interest therein, wee will warrant, maintejne, and foreuer defend, by these presents, reserving alwayes vnto ourselues, our heires & assignes, out of the abouesajd grant, a certejne tract of land of fine miles square, in such places, or contents of fiue miles square, in such two places as wee shall choose, to be wholly at our oune vse and dispose ; and further, wee doe covenant and promise, at any time or times hereafter, vpon demand of the sajd "Willjam Stoughton and Joseph Dudley, their heires or assignes, to give and passe vnto them more full and ample convayance and assurance of the aboue granted premisses, and to doe any other act or acts, thing or things, deuice or deuices in the law whatsoeuer, for the better confirming and more sure making the same vnto them, accord- ing to the true intent and meaning of these presents. *In witness whereof, [*366.] wee, Blacks James, alias Wolamachin, Benjamin, James, Symon Wolomp, Jascomp, Sasaquesasuck, Pomponechum, Wolowonock, Papomsham, Pepe- gous, John Awagwon, Sosoquaw, Aquetaquash, James Wiser, James Acojock, Wolumpan, Papevnanant, & Waunshk, haue here vnto put our hands and seales, this tenth day of February, anno Domni one thousand sixe hundred eighty one, and in the foure & thirtieth yeare of the reigne of our soueraigne lord. King Charles the Seccond, ouer England, &6a.. BLACK 2 JAMES, & scale. Signed, sealed, & deliad SEAN (^ JACO, & seale, in the presence of vs, BENJAMIN, -^ & seale, Willjam Parke, SYMON LO WOLOMP, & seale, Isaac Newell, WOLOWO A NONCK, & seale, jno Gore, POPOM J^ SHANT, & seale. Sain Eugles, Sen, PE PEG PEGOUS, & seale, Samuel Bugles, Jun, COTOOSONK COT, son of, & seale, Peter ']^ Gardiner, WELOMPAW, by his order, Ralph Brodhurnst, WABEQUALA Wab his m'ke, & seale, SIBEQUAT, S his mark, & seale. THE EECOEDS OF THE COLONY OF ACADAQUAMI, Ma his mark, & scale, JAMES, Jams & seale, PAPEVNQUENANT, „ JOHN AWAGA, /±^ & seale, , JAMES WJSER,-^& seale, SAM M SEEG, & seale, SASA ^-y^QUESASUCK, & seale, COOK (D ROBIN, & seale, PAMPOSIT, Poe his m', & seale, NAONTOCK -^ JASOOMP, J"*, & seale, NANATOHO, \J\_ his m'k, & seale, APENOW, As his mark, & seale, PETER PET PAUATAW, & seale, JOHN HOWNAHETEAMEN, & seale, MATAUNP WET, & seale, MAT -pt WAISK, & seale, JOHN JO ALATAQUISH, & seale, WAWNUNET Wa his mark, , JAMES ACOJOCK, -Q^ & seale. The six & twenty persons subscribing, (excepting James "Wiser, Cook Robin, Nanatoho, and John Hownabeteamin,) personally appearing, this 20 Aprill, 1682, acknowledged the aboue mentioned deed of sale to be their voluntary act & deed. Before us, HUMPHRY DAVY, / ^ . SAMUEL NOWELL,^ Wee, Sewossasco, Wabequalan, Sebaqueat, Madequaim, Cooke Robin, Pamphosit, Naontock, Nanatoho, Aspenaw, Peter Pacataw, John Hqwnabea- teaumen, Mattaomp, Mat Wajsk, Tobj Alataquish, and Wawunhit, auntient inhabitants of the Nipmug country, and partners, w*"" the grantees, in the lands aboue conveyed and sold, being absent at the time of the abouesajd treaty and bargain, and therefore not inserted in the deed, doe, neuertheless, fully consent thereto, and hauing recived our seuerall proportions of the price therein specified, to signify our consent to the same, and release of all our right, title, clajme, and interest in & vnto the lands therein granted, & euery part & parcel thereof, doe herevnto set our hands & seales, in the presenc of the wittnesses aboue named. Consented vhto also by James Printer, alj Wawaus. JAMES PRINTER, alias WAWAUS, & a seale. THE MASSACHUSETTS BAY IN NEW ENGLAND. 36G To all Christian people to -whom these presents shall come, Willjam 16 82. 1 ' 27 May. [*367.] Stoughton, Es^, of Dorchester, and Joseph Dudley, Es^, of Roxbury, in the '^ 27 May. county of Suffolke, \v''''in the Massachusets colony of New England, send greeting. Whereas the sajd Willjam Stoughton & Joseph Dudley lately pur- chased of Waban and company, Indian natives, & naturall descendants of the anntient proprietors and inhabitants of the Nipmug country (coinonly so called) and lands adjacent, within the sajd ISIassachusets colony, all that part of the sajd Nipmug country, or their tract of land scittuat and lying beyond the great riuer Kuttutuk, or Nipmug Riuer, and betweene a range of marked trees, begiiing at the sajd riuer, and runing south east, till it fall vpon the south Ijne of the id Massachusets colony, on the south, and a certeine imagi- nary Ijne, fowr miles, on the north side of y" road, as it now lyeth, to Spi'ing- feild, on the north; the sajd great riuer of Kuttutuk, or Nipmug, on the east, and the sajd patent Ijne on the westward ; all the lands lying w'-'iu the sajd limitts, or bounds, be the contents thereof more or less ; and also purchased of Black James, aljas Walamachin, and company, Indian natives, and naturall descendants of the anntient proprietors and inhabitants, likcuise of the sajd Nipmug country, all that part of the sajd country, or their tract of land scit- tuate, lying, and being on the south part of the sajd iNIassachusets colony, be- yond the great riuer, called Kuttutuk, Nipmug, or Prouidence, bounded w*"* the Massachusets patent Ijne, as the same is now stated, on the south, and certejne marked trees, beginng at sd riuer, and riming south east vntill it strike vpon the sajd patent Ijue on the north, the sajd great riuer on the east, and coming to a point on the west ; all the lands lying within the sajd limitts or bounds, be the contents thereof more or lesse, reserving only out of the sajd last purchase vnto the sajd Indians, their heires and assignes, for- euer, a tract of land of five miles *square, in such place in such place, or con- [*368.] tents of fine miles square m such two places as they should choose, with all and singular the rights, members, jurisdiction, wayes, riuers, waters, springs, ponds, pooles, fishing, fowling, hunting, pasturage, herbage, feedings, cornons, commoditjes, proffitts, hseredittaments, and appurtenances to the sajd tracts of land, and either of them, belonging or apperteyning ; and all woods, vnder- woods, timber, and trees whatsoeuer, now standing, growing, lying, or being, or which hereafter shall stand, grow, lye, or be, vpon the sajd premisses, or any of them, according to two seuerall deeds of sale vnder the hands & scales of the sajd Indeans respectively, bearing date the tenth day of February, 1681. Now, know yee, that wee, the sajd "Willjam Stoughton and Joseph Dudley, for and in consideration of the suine of fifty pounds current money of New England, (the price by vs given for the purchase of the aboue mentioned VOL. V. 47 370 THE KECORDS OP THE COLONY OF 1682. tracts of land,) to vs well & truely repajd, by order of the Goflno"' and Company ■ "< ' of the id Massachusets Bay, in New England, haue granted, bargained, sold, 27 May alined, assigned, enfeoffed, and confirmed, and by these presents doe fully and absolutely grant, bargaine, sell, aljene, assigne, enfeoffe, and convey, confirms, vnto Symon Bradstreet, Es^, GoQno' & Company of the Massachusets Bay, aforesajd, both the aboue mentioned tracts of land, scittuate & lying in the Nipmug country, bounded as aboue sajd, w* all and singular the rights, mem- bers, jurisdictions, riuers, waters, ponds, pooles, fishings, huntings, comons, comoditjes, haeredittaments, and appurtenances thereto belonging; and all woods, vnderwoods, timber, & trees whatsoeuer, standing, lying, or growing, or to stand, lye, or grow thereon ; and all their estate, right, title, clajme, & interest therein, in as full and ample manner & sort as was granted vnto them by the respective companyes of Indians aboue named, reserving to the sajd Indians, as aboue is reserved, to haue and to hold both the sajd tracts and par- cells of lands conteyned w"'in the bounds & Ijmitts aboue expressed, only w"" the reservation aforesaid; and all other the premisses, rights, libertjes, and priuiledges therewith granted vnto the sajd Symon Bradstreet, Es^, Goiino'', [*369.] his successors in that place, and Company of the Massachusetts *Bay, aforesajd, and their assignes for euer, to the only propper and absolute vse, bennefit, & behooffe of the Gouerno'^ & Company of sajd Massachusets Bay, and their as- signes from henceforth foreuer ; and the sajd Willjam Stoughton and Joseph Dudley, for themselues, their heires, execcuto'^s, and administrators, doe heereby couenant and promise, to and with the sajd Symon Bradstreet, Gouer- no^, his successors and Company aforesajd, and their assignes, that by virtue of the purchase made by them of the sajd seuerall tracts of land from the Indian natives, descendants of the anntient inhabitants, and proprietors thereof, confirmed by full and compleat deeds and conveyances, vnder the hands and seales approoved of by the Gennerall Court of the sajd Massa- chusets, at their sessions, 15*'' February, 1681, they, the sajd Willjam Stoughton and Joseph Dudley, stand lawfully seized of the aboue granted premisses, and are vested with a full & legall title therevnto in their oune propper right, being lawfully impowered to grant, convey, & assure the same, as aboue sajd ; and the sajd bargained premisses vnto the sajd Goiino'', his successors and company, aforesajd, and their assignes ; they will by these presents warrant and defend against themselues, their heires, execcutors, ad- ministrators, and other person & persons whomsoeuer claymng, from, by, or vnder them, excepting alwayes, and with the allowance & grant of the Gen- nerall Court, reserving to each of themselues, their heires, &6aj a farme of one thousand acres of land a peece in any part of the sajd tracts of land now THE MASSACHUSETTS BAY IN NEW ENGLAND. 371 purchased, where they shall see meete. In wittness whereof, the sajd Willjam 1682. Stoughton, Es^, and Joseph Dudley, Es^, haue herevnto sett their hands " ^' ' and seales this eighteenth day of May, anno Dom°J one thousand sixe hundred eighty and two, annoq, R. E^ Carolj Secundj Angljae, &5a, xxxiiij. W" STOUGHTON", & a seale. Signed, sealed, & deliuered JOSEPH DUDLEY, & a seale. in the presence of vs, Th" Hinckley, John Richards, Daniel Gookin, Sen, Samuel Kowell, Is* Addington. This deed stands thus entred & recorded word for word, compared w"' the originall in the Genrll Court booke of records, by their order, 24*'' May, 1682. As attests EDWARD RAWSON, Secre'. *God hauing incljned mercifully the hearts ^ our worthy messengers to [*370.] Tndertake a voyage for England, vpon the account of the publicq, concern- ments of the country, this Court, considering how plaine the direction of the word of God is for the recomending such.weighty affaires, by solemne humillia- tion & prayer to the God of heauen, — Doe therefore order or appoint the twenty seccond of June instant to be 22 June a fast, ohserued & kept as a day of solemne fasting and prayer to God, that he would be pleased to ^serve and prosper our freinds in this their weighty vndertaking Tpon our account, the consequents of which both wee and our posterity are like to be so much concerned in ; and that it would please the Lord to give us a spirit of repentance & returning vnto God, that he may diuert those euills or judgments, which, through our sinns, the Lord hath justly brought vpon us in part, and much more is still apparently impending. For these ends this Court doe recoinend it to the elders and ministers throughout this colony to prepare themselues for it, and doe require all people to take due notice of it, forbearing all servile labour, and to attend the worship of God vpon y" day. 372 THE KECOEDS OP THE COLONY OF 1682. 11 October. [*371.] *J.t a Gennerall Court, held at Boston, 11'" October, 1682. Present, Symon Bradstreet, Es^, GoQ, Tho Danforth, Esqp, Dep* GoS, Daniel Gookin, Daniel Dennison, John Pynchon, W°' Stoughton, Peter Bulkley, Natha Saltonstall, Humphrey Davy, ■ Es^^s. Samuel Nowell, Jn" Hull, James Eussell, Bartho Gidney, Samuel Apleton, Eobert Pike, No credit to be given to marrj- ners w^out consent of y" master or co- mander. No attaohm'" to be gT*ed ag^' ships or m'» from foreigne parts, nor to a strainger ag* a straing' before caution. FOE. the prevention of great trouble and "inconveinence that often befall masters & coinanders of ships and other vessells, by reason of their men runing themselues into debt to seuerall persons in the ports where they arive, and not being able to dischardg their sajd debts, are restreyned or im- prisoned for the same, to the great hinderance and prejudice of the "coinanders and ounors of such ship or vessell, it is therefore ordered and enacted, that after the publication heereof, no person whatsoeuer doe trust or give credit to any marriner or seaman belonging to any ship or other vessell arriving from forreigne parts, without the knouledge and consent of their master or coiiiander, nor shall any process or attachment be granted against any seaman or marriner for debts and engagements made as aforesajd ; and if through any carelesness or mistake in any officer, any such process or attachment be granted, it shallbe esteemed voyd in law. As an addition to the law, title Attachments, it is ordered by this Court & the authority thereof, that after the publication hereof, no strainger shall haue any process or attachment granted against a strainger, before the plain- tiff give in sufficjent caution or security to respond all costs & damages that shall be judged against him ; nor shall any ship or other vessell arriving from forreign parts, or the master or coinander thereof, be arrested or restrayned w'^out like sufficient caution or security given by the plaintiff to respond all costs & damages, as aforesajd. THE MASSACHUSETTS BAY IN NEW ENGLAND. 373 Whether the constable of a toune, to which any peculiar is annexed for 1682. the payment of publick charges, may act as a constable in such peculiars as ^~ '" ~^ he may in said toune. The Court resolues this question in the affirmatiue. -d , 4- , J J T. Kesolution of Whereas there are in sundry of our touns, & especially in Boston, many y° sented by the Tresurer, & what may be needfuU for our agents, country rate. (Jo, and hereby it is ordered by this Court & authority thereof, that there shall be three single country rate payd this yeare, viz', two rates in country pay, & one in money, and all sorts of corne payd in the country rates to be as follow- eth : wheate at five shillings six pence, rye at fower shillings, Indian at three THE MASSACHUSETTS BAY IN NEW" ENGLAND. 377 _ shillings, pease at fower shillings sixe pence, barly & barly mault at three shil- 1682. lings sixe pence, oates at two shillings p bushell, all good and merchantable, ' well winnowed corne, and that all barly be brought in before the first of Aprill; & all other things paid in the countrey rate to be pajd at money price provided no leane catle or horses be pajd in sajd rates. The Court order a day of thanksgiving to be kept throughout y' juris- 23 Nove. a day diction y' 23 November next, for the blessings of the yeare, peace, &5, our ° ^ ^ ^^"'"■ agents or messengers preservation, &6 ; w"*" was sent to y" press & printed, & kept accordingly. It is ordered, that the Tresurer make payment vnto M' Joseph Dudley M' Dudley & & M' John Richards, or to their order, fiffty pounds a peece money, and is in jeoompence part sattisfaction for their present service for y° publick. '^^• In ans"^ to the peticSn of Isaack Waldron, the Court grants the peticoner Ans' to lsa» a hearing of his case mentioned in his petic6n on the 1^' Tuesday of the next tigon_ Court of Election, at eight of the clocke in the morning, and that notice be given to all partjes concerned to attend their concerne therein at the time. In ans' to the peticon of James Bayly, Thomas Baker, & Thomas Put- Ans' to James nam, Jun, the Court judgeth it meet to referr the due consideration of what is g^L^' Sc" pe- exprest in sd peticon to the next Court at Salem, when all partjes may be *""'°- heard, and justice may be don to all concerned. *In answer to the motion of the toune of Hingham, M"^ Daniell Cushin [*377.] is hereby empowred to marry such person as shall desire it, being legally pub- M' Dani Cushin im- lished, & one of the partjes at least Ijving in sajd toune of Hingham, and powred to mar also that he haue power to admnster oathes in all civil & criminall cases. ^' In ans* to the petition of M' Joseph Hills, bereaved of his sight for M'JosephHiUs seuerall yeares, &&, the Court judgeth it meet to order, that the petitioner be country & freed from country & county rates during his Ufe. ''"""'J' '^'''^"■ In ans'^ to the petition«of Cap? Richard Lord, of Hartford, it is order'', Ans' to Cap« that the Tresurer of the country pay vnto y^ peticoner the suine of eleven ^^J ^ ^^ '"""' pounds fiueteen shillings & fower pence in or as money, provided that if the whole or any part of the some be chardged in the account of Jn° Hull, Es^, that then the Tresurer charge the same, either whole or part, as abouesd, vnto the account of Jn" Hull, Es^, as pt of what was ordered him for bal- lance of his account w* the country. Edw* West Whereas there is about 50 souldjers at Sherborne, and in probabillity they Mg^erasig", will encrease to a greater number in short time, and they hauing no higher *» eompa. at Sherborne. officer then a serjant, it is therefore orderd by this Court & the authority sherborn to thereof, that Seri' Edward West be leiftennt to the sajd company, & Jonathan ^^'^°^S to Ma- ' ■' jor Gookins Morse ensigne ; & they are to choose two serjants, a drummer, & dark for regim'. VOL. V. 48 11 October. 378 THE KECOKDS OF THE COLONY OF 1682. the sajd company, according as the law directs ; & that the sajd company doe belong to the regiment of Majo'^ Gookin, & y' secretary is ordered to issue both comissions for them. M' w» Hub- "Whereas it hath binn thought necessary, & a duty incumbent vpon ts, to cationTr com- take due notice of all occurrances @ passages of Gods providence towards piH a history, ^j^g people of this jurisdiction since their first arrivall in these parts, which may remajne to posterity, and that the Eeuerand M"" Willjam Hubbard hath taken paynes to compile a history of this nature, w* the Court doeth with [*378.] thankefallnes acknowledge; and, as a manifestacon *thereof, doe hereby order the Treasurer to pay vnto him the some of fiuety pounds in money, he tran- scribing it fairely into a booke, that it may be the more easely pervsed, in order to the satisfaction of this Court. Ans' to M' In answer to the petition of M' Hezekiah Vsher, in behalf of himself & petiEon. compa, it is ordered, that the Tresurer make vp what he hath already pajd M' Vsher, to be one hundred fifty two pounds three shillings & fower penc money, w* not being donn, as was then allowed, in October, 81, this Court doe now order, that what rest due of the sajd sume be pajd to the peticbner, w'*" nine pounds for interest, and that it all be pajd out of the first mony the Tresurer receives. Ans' to W» In ans' to the petition of W" Hawkins, it appearing that Edward con as to Edw. Bircham, late of Lynn, deceased, had a tract of land granted him by the Birchams p« m ^q-^^j^q of Lynn, to the quantity of thirty acres, which doth not appeare to be lajd out in any other part of the toune bounds, this Court doth order, that Cap? Richard "Walker, Cap? Elisha Hutchinson, and M' Andrew Mansfeild be requested, & are by this Court impowred, to make further inquiry into sajd matter, and to cause the tract of land mentioned in the petition to be meas- ured by a surveyo"^ of lands, & to make report thereof to the next Gennerall Court. • Ans- to Colo- In answer to the peticon of W™ Croune, Es^, presented to the GoSno"' Crounes peti. ^ council, & now presented to the Generall Court, the Court hauing againe 15>> g'ed him as pervsed Colonel "W™ Crowne his peticon in all respects, and considering in arecompence. x j. o the season mentioned his service to & for the country, together w* his con- dition, judge meet to order the Tresurer of the country to pay him, as a rec- ompence for the same, fiueteene pounds money, defaulking the fiue pounds the council lent him, to be returned ; and for what he mentions as to Mendon, in relation to his mortgage, the Court declares that the law is open for him, the bennefit whereof he may expect. Ans' to Eoger In ans'^ to the petition of Elisha Menunion, "W™ Ahauton, & Joseph Billings peti- ... Bon. Moumition, Indians, the Court judgeth it meet to allow of Willjam Menun- THE MASSACHUSETTS BAY IN NEW ENGLAND. 379 nlons sale vnto Koger Billings, so farr as the quantity of seven hundred acres 1682. of land next to our southerly Ijne, to be lajd out in a conveinent place & ' "f "^ /■ 11 October. lorme. *In ans' to the petition of John Sears, the euidences & pleas in the case [*379.] as they haue binn seuerally presented being considered, it doth appeare the ■*^"^' *° '^"'"^ Sears peticon. sajd petitioner is a just creditor to the estate left by his late uife, for charges expended vpon John EUjot, and that the executors of sajd Hesther Sears did come to agreement w*'' sajd peti6 - ^ ^ petico., 20" al- Court, October, 1681, & now againe presented to this Court, Octob, 82, it is lowed. 380 THE RECOEDS OF THE COLONY OP 1682. 11 October. Ans' to Hing- ham peticon. Ans' to Cam- bridge petiCon, a hearing granted on 1"' Tuesday aft' y election. Courts order fo Salem to mount y^ir great guns, &c. 18 October. CoUedge ac- counts, &c. M' Sam. Aple- ton maj' of south rogi- [*381.] ment in Ips- wich. ordered, that the Tresurer of the country pay the sajd Majo' Kobert Pike twenty pounds, & is for his expenc of time, &6, in the time of the warr. In ans' to the peticon of seuerall inhabitants of Hingham, the Court, taking notice of the irregular & illegall proceedings of the military foot com- pany of y" sajd toune as to the election of their comission officers, doe declare their dissatisfaction thereuith, and doe expect the acknowledgment of their error & offence therein, and for the present do direct & orders the comission officers of sajd company to mannage the affaires thereof to all intents, till this Court take further order. In ens'" to the peticSn of the inhabitants of Cambridge, the Court judg- eth it meet to referr the consideration thereof to the next Gennerall Court of Election on the first Tuesday in May of sd Court, and that the secretary give notice to the partjes concerned, the selectmen for Cambridge, & the peti6bner then to appeare & attend their concernes therein. The comittee of militia for Salem, their returne being read in Court, the Court judg meet that the toune of Salem doe forthwith mount all the great artillery vpon good serviceable carriages, and to provide a competent number of coinon baskets, which may be sufficjent, being filled, to secure those that shall be ordered to stand by sajd great gunns, if any occasion present to make use of them. M"^ John Manning & M' Cooper presenting the coUedg accounts to the comittee appointed by the Gennerall Court to inq^uire into their accounts as stewards of the stocke contributed for the building of the coUedge, vpon their examination thereof, approoved of them as faire & honest, only the value of tenn pounds, as they judge, in najles omitted to be valued, & recomended it to the Gennll Court to consider them for their pajnes ; as for the colledg debts, they cann say nothing about them, w*'^out further information, and was sub- scribed 18 OctoV, 1682. HUMPHEY DAVY, ELISHA COOKE, • JN° WAYTE, SAMUEL NOWELL, BIGW SPRAGUE, W^ JOHNSON. Which returne, so signed, the Court approoved of. Attests EDW° EAWSON, Secret *Majo'" Saffl Apleton is appointed serjant majo"" of the south regiment in Essex, and the former setlement by this Court is confirmed. THE MASSACHUSETTS BAY IN NEW ENGLAND. 381 In the case depending between Cap? Penn Tounsend, plaintiiF, & 16 82. Thomas Johnson, defFend', coming to this Court by peticon of sajd Tounsend, ' ' the Court, on a full hearing of the case & all the euidences produced, doe „ ... finde for the defend', Johnson, costs of Court, 9% besides 5^ for hearing ™«"' '" Toun- Eends case. y° case. 15 February. Att a Gennerall Court, held at Boston, 13* of y« first moneth, 1638, Mas- 16 8 2-3. channomet, the saggamore of Aggawam, acknowledged that he had received ' ^ twenty pounds of M' John Winthrop, Juno'', for all his lands in Ipswich, for which he acknowledged himselfe fully sattisfied, as in y° Courts booke of reccords at that time doth appeare, first booke, page 240. As attests EDW: EAWSON, Secret. At a Genii Court, held at Boston, Febr on the 15*'' day of February, 1682, Capt "Wayte Winthrop, sonn of John Winthrop, aboue mentioned, & one of his executo's, presented the originall bill of sale to his late father from sajd Maschonnamet his hand, (No, y" Goil & Magis*^ y™ in Court,) desiring it might be recorded, w* being granted by the Court, is as foUoweth : — I, Masconnomet, saggamore of Aggawam, doe, by these presents, ac- knowledg to haue received of M' John Winthrop the sume of twenty pounds, in full sattisfaction of all the right, property, and clajme I haue, or ought to haue, vnto all the land lying & being in the Bay of Aggawam, aljas Ipswich, being so called now by the EngUsh, as well as such land as I formerly reserued vnto my oune vse at Chibacko, as also all the land belonging vnto me in those parts, M"^ Dummers faime excepted onely ; and I hereby relinquish all the right and interest I haue vnto all the havens, riuers, creeks, islands, huntings, and fishings, w*"* all the woods, swamps, timber, and whatsoeuer else is or maybe in or vpon the sajd ground, to me belonging ; and I doe hereby ac- knowledge to haue received flfuU satisfaction from the sajd Jn° Winthrop *for [*382.] aU former agreements touching the premisses or any part of them ; and I doe heereby bind myself to make good the foresajd bargaine and sale vnto the sajd John Winthrop, his heires and assignes, for euer, and to secure him against the title and clajme of all other Indians and natives whatsoeuer. Wit- ness my hand, this 28* June, 1638. Witnes herevnto. MUSCONMET, his jr\J marke. John Joyliffe, Thomas Coytmore, James Donning, Eobert Harding. 15 February. THE RECORDS OF THE COLONY OF The deed aboue written, so signed & wittnessed, being compared w*"^ the originall, word for word, stands here thus entred and recorded, at the request of sajd Captaine Wayte Winthrop, this 15'" day of February, 1682. As attests EDWARD EAWSON, Secre?. • Es^s. [*383.] *At a speciall Gennerall Court, called by the hono'able OouTno'' Sf 7 February. Magistf Order to sift in Boston on the T* of February/ next, and then satt, 1682-3. 5 Jany, 1682. Present, Symon Bradstreet, Esqp, GoQ, Tho Danforth, Esqp, Dep' Go, Daniel Gookin, Es^, W" Stoughton, Peter Bulkley, Sam Nowel, Jn" Hull, James B.ussell, Barthole Gidney, Sam Apleton, Robert Pike. ATT the opening of this Court, the honno'ble GoQno' acquainted the Magis'' & company mett, (seuerall magis*^ & deputjes from y south- ward not being able to come, by reason of y° extremity of the weather by deepe snows & floods,) that he had received, by M' Foy, a letter from his maj'y, w"" the act of his majtJ'" most honn'bl council, his maj*y being present, which were read & coinunicated to y^ whole Court, then mett, w*"* another letter from his maj'y, kept by M"^ Mason, ab' a fortnight after October Court was vp, tho a copy of it, signed by M' Chamberlajne, was made publick, &d ; also, our agents two letters, w*'' copie of M'^ Randolphs complaints to y* comissioners of the customes in England, w*'' a copie of M"^ Bransons com- plaint to the lords of his maiestjes most honno''o''ble privy council, &&, w* are not only on file, but in the councils booke recorded, word for word. After the comunication of the aboue mentioned, the Court judged it meet to keepe the ^ day of February as a solemn day to seeke the face of God and guidanc & direction from him in so weighty a matter, which was donn. THE MASSACHUSETTS BAY IN NEW ENGLAND. 383 The Court mett on tlie 9"" instant, February, & after a further pvsall & 168 2-3. comnication, adjourned themselues till the 14"' instant, & ' ' When the whole Court mett, & so, from day to day, were on the due consideration & debate of and about so momentuous a discharg of their duty to God, his maj'y, and the concernes of the country, and, in fine, the Court centred their conclusion of duty in an humble address to his maj'^, comission & letters to our agents, a letter to the Right Honno'*'''' S"^ Lyonel Jenkin, one of his maj*^^ principall secretarys of state, w'** a gennerall adresse and gen- nerall subscriptions of the inhabitants directed by way of most humble pe- tic8n to his maj'^, all which, w"' coppies of seuerall cases, as M' Keep, M' Brandsons, & seuerall others, were sent to our agents in & by M"^ Thomas Joells, master of ship Richard, in a box, which addresses, comission, instruc- tions to our agents, & letter are at large recorded, verbatim, in the acts of the council. It is ordered, that there be a day of humilljation kept by this Court Dayofhumil- together on Twesday next, being the 13"' of this instant February, in the y.^^^ ^y y toune house, at eight of the clock in the morning, and that the Reilend M"^ ^°™^ ^^ ^^^■' Mather & M'' Willard be desired to preach, & as many of the reQnd elders neighboring be by their deputjes desired to be present, to implore diuine direction and assistance in the weighty matters now before the Court. *Whereas by the law, title Mines, it is prouided that the fifth part of [*384.] gold and siluer oare which is found in this colony shall be pajd to the kings Law to p'vent . all deceit by majesty, his heires and and successors, and there being rumours of such mines opening of found in this jurisdiction, it is therefore ordered by this Court and authority "jg"^^i'? mly thereof, that some meet persons be appointed, from time to time, by this Court h^ue his due, to make encLuiry after such mines, and doe their vtmost endeavour that a fifth part of of the sajd oare be_ reserved for his majesty, and that they take care that his majesty may haue his just due for the same, both in quantity and quality ; and it is further ordered, that if any person or persons shall make discoueiy of any royall mine or mines of gold or siluer, and shall improove sajd mine, or any part of it, to his oane vse and benefit before he hath given account and information to the officer that shallbe appointed as aforesajd, the person so transgressing shall forfeit the treble value thereof, and shallbe fyned ten pounds for one oflfence ; and M"" Jerremiah Dumeris appointed to be the officer till this Court take further order. As an addition to the law, title Navall Office, it is ordered, that the port Addition to y J- o 1 lawe, title Na- of Boston, to which Charls Toune is annexed, and the port ot balem, to ^j,n oigce. which Marblehead, Beuerly, Glocester, Ipsuich, Eouley, Newbery, and Salis- bury are annexed as members, are and shallbe lawfuU ports in this colony. 384 THE KECOKDS OF THE COLONY OF 9 February. 168 2-3. where all ships, & other vessells, shall lade or vnlade any of the plantations enumerated goods, or other goods from forreign parts, and nowhere elce, on poenalty of the confiscation of such ship or vessell, with her goods, tackle, &<3, as shall lade or vnlade elcewhere. 2. That no ship, or other vessell, arriving from forreign parts, shall breake bulke before entry with the Governo'^ and navall officer, if they come into the port of Boston, and in all other ports not before entry with the navall officer, on poenalty of confiscation of ship and goods ; and when the masters of sajd ships or vessells are not inhabitants in this colony, then into whatso- euer port they arive their entry shall be made with the GoSno"^ and navall officer that belongs to the port where they trade. 3. That no ship, or other vessell, shall lade or vnlade any part of their cargoe in the night season that is not of the groweth of this countrey, vnless it being case of necessity, and then notice to be given to his maj'-i"^ officer vpon the place, if any be there, on poenalty of confiscation of sajd goods. 4. That no ship, or other vessell, shall take on board any of the enumer- ated plantation comoditjes, more then their ships store, before they haue given bond, or shew a cirtifficate that they haue already given bond, as the *act of Parliament requires, on poenalty of confiscation of such ship and goods, vnless they be such as pass from port to port of our oune jurisdiction, who are then to haue a permit signed by the navall officer. 5. And for the information and and satisfaction of all persons concerned, it is heereby declared, that his majestjes officer hath power to seize any ship or vessell he judges forfeited to his majesty, in order to hir triall, and that he hath liberty to search all vessells that are outward bound, and to put way tors on board all ships inward bound. 6. And that the time of entring and clearing at the navall office be be- twixt the howers of ten and twelue in the forenoon, and two and fewer in the afternoone. 7. That no vessell of twenty tunnes and vpward, except such as fetch wood, boards, stones, or lumber, shall pass the Castle without a lett pass from [*385.] Persons pen- alty to trade w**^ ships on the coast before the Gouerno"' for the time being, if resident in Boston, and in his absenc from come into y" harbour. the Deputy Gouerno', on poenalty of twenty pounds. As an addition vnto and explanation of the law, title Shipping, page 141, it is ordered by this Court and the authority thereof, that no person shall trade w"i any ship or vessel ariving on our coast vntil they are brought to anchor in one of the ports assigned and appointed in the law, title An Addition to the Lawes, title Navall Office, on poenalty and forfeiture prouided in the sajd law, title Shipping. THE MASSACHUSETTS BAY IN NEW ENGLAND. 385 It is ordered by this Court and the authority thereof, that the law made 168 2-3. October the 15">, 1673, intituled as an Addition to the Law, title Freemen, ' ■< ' section the third, is hereby repealed. t ^ ™'"^'^' , J r Law m page 73 This Court, being informed that there are seuerall comission officers in ^^ to freemen •■...,.., . _ . . repealed. this JTirisdiction that haue not their comissions according to law, — CoiSissions to It is therefore ordered by this Court, that each clarke belonging to the miii'^iry officers ■' ° ° to be taken out seuerall millitarj' companycs in this colony shall, w*Mn one moneth after the by y cierke of 11. 4.* 1 p . 1 IT 1 . . companjcs \v*- puDiication neereoi, repaire to the secretary, and take out such comissions as in one month. shall be wanting, and them to deliuer to each comission officer belonging to their oune company as they shall be directed, and so from time ^ ^ w*''in one moneth after any coiiiission officer is chosen and appointed by this Court ; and if any cierke shall neglect his duty heerein, he shall forfeit the suiiie of twenty shillings to the vse of the company. It is ordered, that there be a day of humilliation kept by the Court 13 instant Feb- together on Tuesday next, IS"" instant, in the toune house, at eight of the uatlon keprby clock in y« morning ; that the Reuerend M"^ Mather & M.' Willard preach, & y= whole Court. the reQnd elders of the churches are desired to be present, to implore diuine direction & assistance in the weighty matters now before the Court. *To the Kings most excellent Majesty. 16 8 3. Most gracious & dread Soueraiscne : — ° .... 30 March. Wee, your majestjes loyall & obedient subjects, the Governo'' & Company r*gRQ I of yo' majesties corporation of the Massachusets Bay in New England, doe courts address account ourselues vnder the greatest obligations to render our most humble & *° '"^ majesty. hearty thanks, first, to Almighty God, for the preservation of your majestys person & government, to the vnspeakable joy & comfort of all your good sub- jects in yeur three kingdomes, and also in these your majtjes forreigne planta- tions, notwithstanding so many horrid treasons and execrable conspiracjes against the same, and, nextly, vnto your excellent maj'J'', for the many marks of princely favour you haue beene graciously pleased to confer vpon this your gouernment, and particcularly in the seuerall assurances of your royall inten- tions to continue the same, and gracious inclinations to advance the weale & prosperity thereof, & more especially since the arrivall of our agents, who are now attending your maj^'^, in your gracious condiscention to assigne vs a further day, and giving vs the opportunity to testify our obedience to yo' maj""^ comands, which, now being assembled in Gennerall Court for. that very end, wee hope to gjve your maj'^ a demonstration of; and wee will, in all humillitje, doe beseech your maj'^ to beleive that, aboue all earthly things whatsoeuer, wee desire still to enjoy and deserve your gratious aspect towards, and good VOL. V. 49 386 THE EECOKDS OF THE COLONY OF 1683. 30 March. [*387.] opinion of this your colony ; and that it is a greife vnto vs beyond expression, that by any proceedings of ours, or delays in expediting those things which might be for your maj'J'^' service, wee haue binn so offencive to yo' maj*, what now hath binn more particcularly donn by us referring to the acts of trade & navigation, and in other things, wherein wee haue had the signiiHcatioii of your rojall pleasure, wee humbly pray that yo"^ maj'y will be pleased to be informed thereof by our agents. And wee most humbly present this our sin- cere proifession, that as wee are abundantly sattisiied in your majestjes great goodness, that yow will still ouerlooke, and not improove any of our past erro'"s and mistakes, to the vacating of our charter or depriving vs of any of the priuiledges and imunitjes thereby granted to us, so wee desire not to assume vnto ourselues any thing aboue the powers therein granted ; but hau- ing in many *things already yeilded willing obedience, wee are further ready to make and receive all such regulations as may more fully adapt the admstra- tions of your maj'jes gouermt here vnto the rules of our charter ; in order wherevnto wee haue capacitated our agents humbly to attend your majesty by impowring them, according to yo'^ majestjes command, ffor whom wee most humbly beg your majestjes favour, crauing that both their and our sincere desires & endeavours to give yo"^ majestje sattisfaction may haue a gratious acceptance, to the advancement of yo"^ majestjes hono"", and euidence of yo' princely clemency towards vs, and the lasting weale & prosperity of yo"^ maj'y most loyall & obedient subjects. By y" GoQno'', & y" scale, 30 March, 1683. Signed, & by EDWARD EAWSON, Secrt. In the name & by order of the Genii Court. Agents comis- sion, y scale affixed, Symon Brads treet, Gou. The Governo' & Company of the Massachusetts Bay in New England. To all to whom these ^sents shall come greeting. Whereas wee haue received his majestjes gracious comands fully to authorize & impower some meete persons to attend vpon his majesty for the regulation of this his maj*^ gouernment, now know yee, that wee, the aforesajd GoQ.no'^ & Company, do'e by these presents authorise & impower our trusty and well beloved freinds, Joseph Dudley & John Richards, Esq^s, joyntly, and not seuerally, to attend vpon his majesty for the end afforesajd, giving vnto them full power & author- ity accordingly on our behalfe for the regulation of anything wherein wee haue ignorantly or thorough mistake deviated from our chartes ; to accept of and consent vnto such proposalls & demands as may consist w**" the majne ends of our predecesso'^s in their removall hither our charter, and his maj^es govern- 30 March. tSe MASSACHUSETTS BAY IN NEW ENGLAND. 387 ment here setled according tlierevnto. And what they shall lawfully act and 1683. doe according to the power hereby comitted to thenij wee doe by these pres- ents, for vs and our successors, rattefy & confirme. In testimony whereof, wee haue caused our coinon seale to be affixed this 30*'' of March, 1683, and in the xxxv"' yeare of his maj'^ reigne. Signed, by the Court, EDWAED RAWSON, Secre?. *It is ordered by this Court, that the gennerall petition and addresse of [*388.] the inhabitants of this colony to his sacred niaj% with all the subscriptions "^^^f^^"^^"^ therevnto, be sent to our agents now in London, to be presented by them to peoples ad- QT6SS6 a.C his maj'''', if they think it expedient, and that this matter be intimated vnto our agents in this Courts letter vnto them, and that the same be coppyed out, & left on file w* the reccords of this Court. To the Kings most excellent Majesty. Most gracious gracious drad Soueraigne : — Wee, your majesties most dutjfuU & loyall subjects, inhabitants w'Mn yo"^ Inhabitants jjjaj'jes colonjes of the Massachusets Bay in New England, being informed ^^zt,_ that through the ill will of some (as wee haue just cause to feare) who are not freinds to our constitution & order heere established by the charter granted by yo'' royall father, of blessed memory, hath binn misre^sented, and insinua- tions made as if your good subjects of this your colony were vneasy vnder the same, yea, groaned by reason of the heavy burthens layd vpon them thereby, insomuch that they were generally desirous of the dissolution there- of ; and least such reports and suggestions coming to yo'^ maj*^ knowledge should make any impression vpon your royall breast, & create any jealousies therein, so as to lessen your maj^J^^ good opinion of your sajd government, wee haue thought it our bounden duty to God, yo"^ niaj'J', & ourselues humbly to informe yo' maj'y that yo' sajd government doth in no wise deserve such a charrecter, but hath been abundantly satisfactory to us your obedient subjects, & such as for w* wee doe acknowledg ourselues greatly obliged to render our hearty & sincere thanks to Almighty God, and also to your sacred majesty for the continuance of the same hitherto. And, that it may yet be continued and perpetuated, wee, your maj'^'^' loyall subjects, the subscribers, are most humble suito'^s vnto your maj''', w"* all imploring your maj*jes favo"^ in giving us leaue to declare that your majesty cann by nothing more knit and binde the hearts of us your sajd subjects to all expressions of loyalty and obedienc (which wee are resolued at all times to manifest) then by your gracious acceptance of this our address, and grant of our earnest desires therein conteyned ; this 388 THE EECORDS OF THE COLONY OP 1683. 30 March. will fill our hearts w* joy & thankfulness, this will dispell & scatter those clouds of feares which are risen in the minds of very many of yo' good sub- jects, least they should be depriued of those libertjes and priuileges w* they hold in such high esteeme, and haue themselues and progenitors been at so great hazard and charge, & encountred w"" such extream difficulties for the injoyment thereof. And this will further obliege vs foreuer to pray for yo' maj'y^^ long and prosperous reigne here, and that yo' earthly crounes may at least be changed for an setsernall croune of glory. This Court, considering the solemn warnings of Prouidenc, both by signes in the heavens and the various instances & effects of divine displeasure w* wee haue felt formerly & of late, by sword, fire, blastings, losses at sea sicknesses, & deaths of many eminent & vsefuU persons amongst vs, & those difficult circumstances wee haue binn and are yet labouring vnder w*'' respect to our publicque affayres, as also the troubles of the people of God, & low & conflicting condition of the Prottestant interest in Christendome ; and know- ing that our sinns against and prouecations of the Lord (w"'' yet vissibly [*389.] increase amongst us) are the *proc\iring causes thereof, & for w'^'', w^'out reformation, wee may yet justly expect greater and more vnitisall calamitjes ; and that the only meanes for the auerting impending judgments, and lengthen- Day of humii- ing out of our tranquility are sincere humilljation & repentanc, doe therefore jga of May apoiut the 10*'^ of May next for a day of solemn humiliation throout this next, pnnted. colony, therein humbly to implore the mercy & favour of God for ourselues heerc, in respect of our sacred, ciuil, & temporall concernes, and more especially those in the hands of our agents abroad, as also for those kingdomes vpon whose welfare our oune doth so nearely depend, & for the Prottestant churches and interest elswhere. And all ministers are desired to give timely notice to their people in their respective churches & tounes, that they may be the better prepared to attend vpon the worke of the day, according to the nature thereof, & the solemne calls of God therevnto ; and all people are for- bidden servile labo"^ vpon that day. By y Court. E. R, S. Eight Honno'^ble : — His maj'J<" royall letters of the 23* of June last, solely relating to M' GoiJno' letter to y E.' Hon- noAie S' Lyonel Jenkins, k', Masons coucems, I received about the end of November, (tho to our great one of his ma- _ ^ " j'j« principall wonder,) seuerall coppies thereof, attested by M' Chamberlajne, secretary state. °^ ^^^^ Prouince of New Hampshire, were dispersed vp and doune some weeks, if not moneths, before. Vpon the 26"^ of January I received a letter THE MASSACHUSETTS BAY IN NEW ENGLAND. 389 " Y 30 March. fiom M' Mason, wherein, according to his maj^''^ sajd royall letters, he did 1683. demand to be put into possession of all the coinon and vnjmprooved lands, the bounds of which uncerteine, saue by him pretended to be lying from three miles north of Merrimack Riuer to Navmkeage ; and also forthwith to be admitted to prosecute his right to such lands, lying within the limitts of this his majestjes jurisdiction, as are now in the possession of particcular persons. I comunicated M"" Masons letter to the Gennerall Court, sitting on Febf 7"", and by their order and direction returnd him an answer to this purpose : That he might haue binn admitted to prosecute his clajmes by tryalls at law to any lands in the possession of particcular persons long since, had he desired it, and that he might proceede assoone as he pleased, giving notice a moneth beforehand at which Court w*in the county where those lands lye he would attend, that so meet and vnconcerned both judges and juro'"s might, according to his maj^es comand, be appointed him ; and as for the coinons and vnjm- prooved lands which he clajmes, the answer was, that the bounds & Ijmitts of the lands which wee suppose he meanes were *vnknowne to vs, and also [*390.] that wee know of no land, (not an acre,) therein, vnder such a qualiffication, but that all sajd lands are impropriated by due meets and bounds, either to perticcular persons or touneships, and in actuall possession & improouement, & had been so for many yeares past. Since this answer M"^ Mason hath been here in Boston, — a Court then sitting, — but hath made no further mo- tion in his busines ; and so it remajnes till he see cause to signify his desires further therein. E.ight honno^'ble, I esteeme it my duty to his majesty hum- bly to informe in the ]p>misses, that his maj'^, by your hono"", may be ac- quainted, that, in obedience to his majestjes comands, there is no denjall of justice to M"^ Mason, nor delay on our parts in that affaire. So, praying for yo' hono's prosperity heere, & euerlasting happines hereafter, I am. Eight honno'able, Yo' most humble servant, SYMON BRADSTEEET, GoQ. 24 March, ^^^. Instructions for Joseph Dudley and John Eichards, Es^s. Imprimis. Yow are to present our addresse herewith sent to his majesty instmcons for w*'' the first opportunity, as also to acquaint some of the right honno'ble lords ^"j^^^. ^^^^_ ^^ of the comittee for forreigne plantations w* the power yow haue received, & ^^^> ^^1"- present them with a copy thereof, if desired. 2. If your coinission be so farr accepted as to procure information of 30 March. 390 THE EECORDS OF THE COLONY OP 168 3. what his maj*'' requires, yow may humbly pray to vnderstand the whole at once, that so yow may endeavour, to the vttermost of your power, to giue his maj'je intjre sattisfaction. 3. If any thing be objected of misuse or transgression of the power or rules of our charter, or male administration of the gouernment which cannot indeed be warranted by our charter, vnderstood in the most favo^'able sence for the planters, after the best excuse you can make, yow are humbly to begg his majestjes gracious pardon, engaging reformation for time to come. 4. "Whereas, in our cofnission and power sent to yow, one gennerall Ijm- itation is the sauing to vs the majn ends of our coming ouer into this wilder- ness, yow are thereby principally to vnderstand our libertjes & priuiledges in matters of religion and worship of God, which yow are therefore in nowise to consent to any infringement of. [*391.] *5. As to the matters of appeales, if propounded to you, yow are humbly to represent & plead what euer may be argued from the patent to the con- trary, as also the great inconveniences and burthens that will ineuitably come vpon his maj'jes subjects should appeales be imposed vpon vs, humbly pray- ing his maj*y'^ favour therein ; and if (your endeavours notwithstanding) yow finde a resolution taken of requiring and setling appeales, and that any regu- lations or Ijmitations be proposed therein, yow are not to conclude vs by any act or consent of yours, but craue leaue to transmitt the same to vs for our further consideration. 6. It being of the essentialls in our charter to vse our oune liberty w*"^ respect to freemen, this Court hauing repealed that law that appointed a yeares probation, so as now wee haue fully compljed with his maje'J'^^ former letters and comands in this matter, yow are not to make any alteration of the qualli- ffications that are required by law as at present established. 7. The present constitution of the Gennerall Court, consisting of Magis- trates and the Deputjes as the select representatives of the freemen, being, without doubt, agreeable to our patent, yow are therefore not to consent to any alteration thereof. 8. The remooval of the seat of this goQnment here, according to charter, yow are not to consent therevnto. Fynally. Yow are to obserue these instructions, which are and shallbe as obliging to yow as your coinission is to impower yow. & was signed by the Court. EDWAED RAWSON, Secret. THE MASSACHUSETTS BAY IN NEW ENGLAND. 391 Gen*" & loving friends : — 1683. "Wee received yours of 28 September & 3'^ of October, by M"^ Foy, ""^ '^ "^ together with seuerall other vfrittings, whereby wee vnderstand the sad and courts letter to sorrowfull condition, that yow and wee are reduced vnto, and the difficult °^' agents. chojce wee are put vpon, which hath cased many sad thoughts of heart, and in conclusion haue agreed vpon the comission and instructions herewith sent, which wee hope will giue his majesty & council sattisfaction, being willing to doe the vttermost wee can to procure his majesties favour and our oune peace, and more wee cannot in conscience and reason be active in, at least till wee vnderstand what his majesty doeth further intend *and require. By the L ''"'^•J * regulation of this gouernment ' wee cannot conceive is meant an abolition of our charter, or any essentiall part of it ; and therefore hope your coinission wiU be esteemed as large aS is expected. If yow perceive it very probable that what yow are impowred to consent vnto will give sattisfaction and procure the continuance of our enjoyments, yow may more fully & freely concede to what maybe propounded consisting with our charter, according to our instruc- tions ; but if yow perceive, or cann be assured, that nothing will sattisfy but the nulling our charter, or imposing of appeales, then yow may, and in that case we advise yow to, be slow in tendring the Prouince of Majne, or giving vp anything else but what our charter will not warrant our keeping ; and in those things, if any such be objected, wee must reforme, and yow must shew yourselues very free and willing so to doe, and humbly begg his maj'jes favour for the enjoyment of what is very necessary for the welfare of the people heere, and maybe w*hout prejudice to his maj'J*" dignity or revenue. But if nothing that yow haue power to doe will prevent a quo warranto, (though wee hope otherwise,) wee desire yow well to aduise whether it were best to make dispute, and be sure yow spend litle or no money therein, vnless yow cann haue very good assurance that it may be substantially made & majn- teyned by law. And if his maj*^ will take away our charter, (notwithstanding seuerall intimations in his gracious letters to the contrary,) and also dispossess vs of the Prouince of Meyne, wee desire he may be humbly informed of our charge and disbursments, to the value of aboue tenn thousand pounds, for the preservation of the people there. The summe of all wee can say and comend vnto yow is, to doe vs all the good yow cann, & to endeavor the preventing all the inconveniencjes you may, which wee doubt not but yow will vnfeignedly doe ; and the God of heaven direct, counsell, assist, prosper, & succeed all your vndertakings in this our great concerne. The Treasui-er will informe ^ what money he hath already prouided for yow, or is further taking care for in order to your supply. Wee much desire your returne hither this next 392 THE RECOEDS OP THE COLONY OP 1683. summer, if possible. *If they proceed to a quo warranto, yow may, if it '' ' can be safely donn, humbly desire to be excused from answering it, as hau- 30 March. . _. ^ i -itt i i • i i pjif„gg 1 ^^S ^o power comitted to yow so to doe. Wee haue herewith sent yow the copies of seuerall cases concerning which yow gaue vs some intimations for- merly, and what, for want of time, wee haue not binn able to compleat, wee hope to send p next ship, which wee judge will- speedily follow. Wee haue herewith sent yow seuerall deeds & papers relating to the Province of ]\Ieyne, •'all which are coinitted to yow to deliuer vp to his maj'J*, or improove in such manner as in your discretion shall thinke most for our advantage ; and in case it be not adviseable to reteine the charter for sajd province, yett yow may plead at least that wee may retejne the sojle, for the security of the planters and those that haue had grants of lands there. In the matter of Robert Orchard, wee haue herewith sent yow a coppy of the order of the Gennerall Court relating to his case ; but he refused to attend the methods for to haue justice donn him here, which, by order of our Court, he was directed vnto. The order of his maj'J'^' council directed to us was entituledj ' To the Gouernor & Company of the toune of Boston,' which, being an error, may be improoved for our advantage. Wee haue also agreed vpon such emendations of our acts of trade so that they doe compleately or fully agree in all things w*'' the lawes of England, as by the coppy sent to yow herewith yow may see. There being also some royall oare discouered, wee haue made provisson of some new lawes, that the fifth part may be reserved for his maj'^, as a recognition due to him by our patent, when any prosecution or improovement shall be made of the mines that are' or maybe discouered. Likewise, wee haue sent yow a petition w* the subscriptions of the inhabit- ants of the three next countjes, which were sent to vs to comunicate to your- selues to make vse of, if yow thinke it may be of any advantage to present to his maj'y, that it maybe vnderstood that the gennerality doe not desire a chainge. Yow are also to take notice, in case yow see cawse to deliuer vp the [*394.] deeds for the Province of Meine, that seuerall tracts *of land haue been granted to seuerall persons, viz': one to the colledge of a necke of land called Meejkoneage Neck, and a thousand acres lying in Casco Bay ; also, a grant of a thousand acres to M"" Wharton ; also, a grant to M"^ Eussell, Treas- urer, and seuerall touneships setled by the prsesident of that prouince, which were confirmed, whiles yow were heer, by this Court, all which titles to the sojle should be excepted when yow make a surrender of that prouince. S''^, your assured 13 friends, EDWAED EAWSON, Secret In the name & by order of the Gennerall Court. THE MASSACHUSETTS BAY IN NEW ENGLAND. 393 M'^ James Eussell, Treasurer^ his accounts being examined by the comittee, 1683. both debto"^ and credito', v/"^ is on file, was presented & returnd into the Court. ^ • 30 March. Wee, the comittee appointed by the Gennerall Court to examine the Treasurers ao- Treasurers acco*, and make returne to the sajd Court, doe finde the abouesajd ^g^ ^ ^p. account in gennerall to be right, only some particculars remajne to be cleered, P'°°^^^- and objections to be answered, which could not be donn till the next account be brought in, which may be in June next, but they are of no great value, so that the calculation of what is to be pajd and received may serve for the hon- nored Courts information of the state of the whole, as neere as cann be com- puted for the present ; and further, the honnoured Court may take notice that there is ninety pounds payd Job Lane for the coUedg, & eighty pounds p ann pajd marshall gennerall, which wee leaue to the Courts considerations. HTJMPHEY DAVY, JOHN HULL, ELISHA HUTCHINSON, KICH" SPEAGUE, ELISHA COOKE. The Court, hauing pervsed the returne of the cofaittee appointed to examine the Treasurers accounts, doe approoue thereof, (the ninety pounds pajd Job Lane, & fower thousand ffoote boards, 7" 12% for the coUedge, onely excepted,) which is to be reimbursed him by the colledg corporation, it being pajd w'^out the Courts order, also the Treasurer having voluntarily engaged to coUect the rates gon out in October last, w*''out any further charge to the country. E. E., S. In ans' to the peticSn of Jonathan Jackson, humbly desiring the favour Ans' to Jn'- ,- , , , than Jacksons of this Court to grant him leave, being m necessity, to sell the whole or any peticon. part of the land w"'' his late honno'ed father, M' Edward Jackson, gaue him by his last will, w* prohibitts the sale w^out liberty from the Gennerall Court or County Court be obteyned, the Court judgeth it meet to refferr the determination thereof to the next County Court for Midlesex. *The Court being informed that the selectmen of Andivor & Bradford [*39I''.J did wholelv neglect the observance of the late order relating to the rating of An^uer & •' ° . Bradfords sent. wasst lands, the secretary was ordered to send a warrant for their or one of their appeance before this Court to giue an account for y« same. Warrant issued out accordingly, & Lef ? John Osgood & Cap? Shuball "Walker appeared VOL. V. 50 394 THE EECOEDS OF THE COLONY OF 1683. & gaue in their ans'^s. The Court ordered the selectmen of Andivor and ' '* ^ Bradford to bring in a just & true account of all the wast lands w'^in their j^ , . , respectiue tounes vnto Capl Elisha Hutchinson, at Boston, the first second to Kenecticut day of y» next moneth, to his sattisfaction ; and also pay to the sajd Cap? to be layd out, & Tresu' to Hutchinson fiue shillings a peece each toune, & he to pay the same to the ^,y,, T^L' country Tresurer for what hath binn disbursed for sending for them. 16 May, 1683. ■' ° Sherborns Whereas the way to Kenecticut now vsed being very hazardous to travel- brandiurk, ^ lers, by reason of one deepe riuer that is passed fower or fiue time ouer, which ^""hd T™\ ™^y ^® avoyded, as is conceived, by a better & nearer way, it is refFerd to cap', & Nath. Majo'' Pynchon to order y'' sajd way to be lajd out & well marked. He hauing Jn° Capen cap', hired two Indians to guide him in the way, & contracted w"' them for fiuety El. Hall leuf, shillinajs, it is ordered, that the Tresurer of the county pay the same in coun- Samuel Clap ° ' J tr J ens., of Dor- try pay towards the effecting this worke. Comissions dd. -^^ ^^^ req^uest of the constable of Sherborne, A this marke is allowed Jn" Smith cap', tliem for their brandfflrke for their catle, weights, & measures. Jerr. Beale lef , . _ _ . . Tho. Lincoln Leifteniit Richard Leach is appointed captaine of the ffoote company at Hingham foot Salem Village, & Nathaniel Putnam to be leftennt. •""^P*- Leiftenant John Capen is appointed captaine of the ffoote company Cnmissions sent & dd. in Dorchester, Ensigne Eichard Hall to be his leiftennt, & Serjant Samuel Clap to be ensigne of the sajd company, & they are to haue their comissions Newbery, Eou- accordingly. ley, &c. Sam. Apieton Leiftennt John Smith is appointed captain, Jerremiah Beale leiftennt, & leT's^Tn Thomas Lincolne ensigne to the ffoot company at Hingham. Stacy ensigne, This Court doth order & appoint M"^ Richard Dunmer leiftennt ouer the to ye lot compa. _ Ipswich. troopers of JNewbery, Rowley, Andiuer, Bradford, & Topsfeild. M'Dani. Epps, Samuel Apieton, Es^, is appointed captaine to the first foot company in leP, & Tho. Ipswich, Ensigne Thomas Burnam leiftennt, Symon Stacy ensigne. 2 comp. ' ^' Daniel Epps is appointed captaine of the second ffoot company in Jn« Androwes Ipswich, M"" Jn" Apleton, Jun, leiftennt, & Tho Jacob ensigne. leif , W" Good- ° hue ens., 3 Corporall John Andrews is appointed leiftennt to the 3^ company at brco.'*'^^'" Chebacco, and W" Goodhue, Jun, ensigne. [*392^] *It is ordered, that Ensigne Jn" Gold be leftennt to y'' ffoot compa at Jn» Gold ieif», Topsfeild, & Sarj' John Pebody ensigne. Jn" Pebody n/r o i -n ■ ensigne. Tops- M' Samuel Patrigg, of Hadley, is appointed quarter master for y" troope Sam! Patrigg ^^^^^ *^^ comand of Majo"- John Pinchon, & is to haue his coinission ac- q't'ra' of troop cordingly. at Hadley. mi • /~i i • Order as to M' ^'^^^ '-'°^^^ haumg formerly granted ffifty pounds to y» Reu M' W- Hub- Hnbbards gra- bard in consideration of his pajne in collecting a history of the first planting ment, 50". & setling of this colony, as in October last, for 50", it is ordered, that the M' Ri. Dumer lef to ye troop THE MASSACHUSETTS BAY IN NEW ENGLAND. 395 Treasurer pay Mm or his order halfe of the sajd sume as soone as money comes 1683. into his hands, and that the debts due from the country be payd in course as ' "< "^ ^, .,,,._, T 30 March. they arise due by this (Jourts order. In ans' to the petition of Elisabeth Johnson, relict of y° late Cap? Isaack Ans' to Blisa. Johnson, that lost his life in y" late warr, the Court judgeth it meet to free ^^ " ^ the peticoner from country rates during her naturall life. In answer to the request of Nathaniel BuUard, constable of Dedham, the Courts diree Court declares, that he hath power, in all money rates already granted this guUard const. session of Court, money not being tendered, to seaze any estate not phibbited Dedham. by law, and make sale thereof after one moneth, if not redeemed by the party, and procure the mony thereby. Artickles of agreement had, made, & concluded vpon the tenth day of Artickles of June, anii Dom one thousand sixe hundred eighty & one, annoq, E,. R^ Carolj ™"sii^n'^^of v« Secundi, &&, xxxiii., by & betweene Thomas Danforth, Esq>>, prsesident of the Province of Prouince of Majne in New England, in behalf of the government & Company Munjoy. of the Massachusetts Bay in New England aforesajd, y" cheife proprieto' of the sajd prouince of the one part, and Mary Munjoy, widdow, relict, and sole administratrix of the estate of George Munjoy, late of Casco, in Falmouth, w*''in the abouesajd province, marriner, deceacd, of the other part, — "Wittnesseth, that whereas the sd Thomas Danforth, Es^^j prsesident, by virtue of his comission from the sajd GoQno' and Company of the Massachu- sets, hath ordered the setlement of a toune at Casco, errecting Fort Loyall thereon, and disposed of house lotts for the furtherance & encouragement of the sajd setlement ; but forasmuch as the sajd Mary Munjoy doth lay clajme to a neck of land lying about sajd fort, the place agreed vpon for the sajd toun- ship, but hath not entred vpon any possession or improovement thereof since the devastation made by the Indian warr, for the fynall ending of all present disputes or after controuersies, clajmes or titles to be had or made by her or her heires or assignes, or any the heires of hir sd late husband there- Concluded on vnto, it is mutually agreed, consented to, and concluded by and betweene the ^^^ Vide 395, * sajd partjes to these pts, as foUoweth : — **Videljct, that the said Mary Munjoy, for the consideration heereafter [*395.] in these presents expressed, shall haue, retejne, and enjoy the easterly end of the sajd necke of land wherevpon hir sajd husband haue formerly stood, bounded by a streight Ijne from the mouth of a runnet of water, on the easterly side whereof M"" Cleves house stood, and so to pass on to the old barne on the top of the hill, and from the barne the shortest Ijne to the salt water, excepting & reserving to the sajd touneship & fifort, for the laying out of house ^ Y 30 March. 396 THE RECORDS OF THE COLONY OF 1683. lotts, the lands all along the southerly side of sajd neck of land as farr as the meeting house, to extend twenty pole backward in length, reserving only twenty pole front for hir oune house lott, adjoyning to the sajd runnet. Further, that the sajd Mary Munjoy shall haue and enjoy the island called House Island, which hir sajd late husband formerly purchased of sundry of the inhabitants there. And more, the sajd president doth yeild & grant vnto hir two hundred acres of land vpon the neerest of the islands adjoyning, that remajne free & vndisposed of, in way of exchainge and full compensation for the land hereinafter mentioned by hir released ; to haue and to hold all the lands aboue mentioned, (w*'' the exception and sauing the liberty afore expressed,) and the priuiledges and appurtenances thereto belonging vnto the sajd Mary Munjoy, hir heires & assignes, to her and their sole vse, bennefit, & behoofe foreuer. In consideration whereof the sajd Mary Munjoy, for herself, hir heu'es, execcuto''s, and administrato''s, doth hereby freely, fully, and absolutely remise, release, and foreuer quitt clajme, and doth resigne vp and assigns all hir right, title, interest, clajm, and demand of, in, & to the whole remainder of the sajd neck of land vnto the sajd Thomas Danforth, Es^, president, in behalf of the gouernment and Company of the Massachusets, their successor's & assignes, to be disposed of according to the present setlement made by the id president ; to haue and to hold the same without the least reclajme, denjall, lett, suite, trouble, eviction, or ejection of her the sajd Mary, her heires, execcuto'"s, administrators, or any of the heires of the sajd George Munjoy, or any other person or persons whatsoeuer from, by, or vnder them or either of them. In witness whereof the aboue named Mary Munjoy & Thomas Dan- forth haue interchangeably put their hands & scales the day & yeare first aboue written. MARY MUNJOY, &f a seale. Sealed and deliuered in the MARY MUNJOY, & a (seale). g-sence of [THOMAS DANFORTH, & a seale.] Silvanus Dauis, Joseph Tounsend. 21 M'ch, 168|. These artickles hauing binn read w"' the Court, they doe allow and con- firme the same. EDWARD RAWSON, Secre?. Entred & recorded, word for word, in the Gennerall Courts booke of reccord, being compard w*'' the originall left on file. As attests EDW RAWSON, Secrel. M'^kt as aboue. THE MASSACHUSETTS BAY IN NEW ENGLAND. 397 [The following pages, *393* and *394", accidentally recorded out of place in the original, have been 1 fi 8 S here restored to their proper situation.] ' *ThIs Court doe grant Merrykoneag necke of land in the Province of rufonoa, i Mayne, in Casco Bay, w*"^ one thousand acres of land adjacent, vnto the , praesident & flFellow^ of Harvard CoUedge in Cambridge, to be & remajne * ^ looo acs granted to y» to the vse of the sajd coUedge for euer ; and the prsesident of the sajd presid' & ffel- province is ordered to bound out sajd grant, as maybe most behoofefuU for °"j c°ii d"' the coUedge. y Province of Mayne. Whereas M' Richard Wharton hath represented his great sufferings to courts act & this Court, by occasion of a sentence of a Gennerall Court, in May, 1674, sr^nt as & to ... . J JJ J M' Wharton, prohibbiting him to plead any cause but his oune & that of M' Bellinghams, &c, looo acs, and the Court, vnderstanding that the effects of the sajd sentence had exceeded the intentions thereof, and that if the sajd Wharton had then so fully & clearly represented his case as now he doth, he might haue binn acquitted, therefore, for the sajd Whartons releife, and in manifestation of the Courts respect and favour, it is ordered, that the sajd sentence be totally and effectually reuersed, and that, for his full sattisfaction, one thousand acres of land in the Province of Mayne, either vpon any free island or place vpon the mayne, be & heereby is freely granted to the sajd Wharton, his heires and assignes for euer, to be measured & lajd out by such persons as this Court shall appoint, and all other voates to be null & voyd. This Court, haulng taken into consideration the petition of M' John Gif- Courts grant to „ , , , . ... . , . • y • ^ ii .^ M' Giiford to ford, doe grant him liberty to revjew his case in lorma pauperis at the next ^-^ ^^ ^^^^^ Court at Ipswich, which stands adjourned to the tenth of Aprill next, by Pauperis. order of this Generall Court, the former order of this Court notwithstanding, which is heereby repealed. This Court doth order that those lands & islands, part of the Province order for a of Mayne, conteyned in a writting made in parchment, & hath binn read & ^J^^ isJuds in considered in both houses, be conveyed to the Treasurer of the country for Province of Majne to be the vses therein expressed, & that the seale of the Governo' & Company be made to y „ , , ^ 1 /^ o r Treasurer, w"'" affixed thereto by the GoUno'. ismadebyTho. In ans'^ to the petition of M" Margaret Mitchell, the relict widdow of the i'anforth,Esq', president to y ReEnd M"^ Jonathan Mitchell, the Court judge meet that the County Court grantee, dated of Midlesex be impowred, & the sajd Court is hereby impowred, to consider j^^^J^^ j^„ of the case therein presented, and to act in it as shallbe for the good of the Margaret •1 T 1 1 • c -J 1 -IT Mitchells peti- peticbner & her children, alwayes prouided that the interest of sajd children gon. in the estate left by the late M' Mitchell, husband to the peticSner, be secured & improoved for them to the best advantage. 398 THE RECORPS OP THE COLONY OF 1683. On a further motion from the peticbner w"" refferenc to a smale tract of ' ^ "' land scittuat neere the flails vpon Charles Eiuer in Cambridg bounds, conteyn- 21 Feb 82 ^^S fiuety acres, by hir sold to Nathaniel Hancoke, the confirmation thereof in like manner be referrd to the County Court of Midlesex. [*394\] *The petition exhibbitted by Robert Orchard to his majesty, together w"» Court act & the order of his maiestie & most honno'''''' council made therevpon, being Uberty to Rob- . , . i ^ ert Orchard, deliuered by the sajd Orchard 22"' February, instant, bemg about fiue moneths after his arrivall, and by them read and considered, it is ordered, that the sajd Robert Orchard haue liberty, without costs or charge, to present his complaint to this Court, or to any other Court that may take cognizance thereof, against any that haue donn him wrong in the execution of their office, or to haue a revjew of any judgment that hath binn passed against him ; if vpon a full hearing of the case it appeare he hath binn any wayes wronged, he may haue right donn him. A single couu- It is ordered by this Court and the authority thereof, that the country mony payable Treasurer forthwith issue out his warrants to the seuerall tounes, and peculiars by July next -^thjjj jj^^g jurisdiction for the levying of one single country rate, to be pajd in supiy & pay- money, for the defraying the necessary charges of the colony, & that the ment of debts. .,.,.- ii- selectmen of the seuerall tounes, in making the sajd rate, proceed therein to assesse euery person as his estate was in the sixth moneth last given in for making of sajd country rates, & that the constables of each toune collect & gather the same, and make payments thereof to the country Treasurer, or his order, & to cleare their accounts w*"^ him before the last of July next ; and it is further ordered, that this money rate be wholly improoved for the supply of our agents in England, & for the payment of such debts as wherein the country stands absolutely engaged to pay money, & no other. Ipswich Coun- It is ordered, that Ipswich County Court, that should beginn on Tuesday ty Courts ad- , td-t t ic • ^ journm'. next, be adjourned & is adjourned to that day fortnight. Who to keep It is ordered, that W" Stoughton, Es^^, Peter Bulkley, Es^, & Jn" Hall, in Essex for Es^, together w"" such other magistrates in Essex as are vnconcerned in M' t^aii of M' Masons case, be the persons to keepe the County Court there for the tryall of ciajmes. those cases that referr to the clajme of M"" Mason in that county. Ans' to M'Ad- In ans' to the petition of M' Adam Winthrop, humbly desiring the favour petition, &c. °^ *^i^ Court that he, being proprieto'^ of an island, (called the Gouerno's Island,) falling to him by his anncesto'^s, w'^'^ stands chardged w"' the rent of two bushells of aples yearly to the Gennerall Court, that the sajd rent or acknouledgment may be remitted, or a sume seq^uivolent accepted, & the sajd island fully discharged from the incumbrance aforesajd, the Court grants the THE MASSACHUSETTS BAY IN NEW ENGLAND. 399 petloSner his request, so that he pay, or cause to be payd, the sume of fiue 1683. pounds money forthuith, by the first oppertunity, to our agents in England. '' 30 March. *This Court doth constitute & appoint Cap? Frauncis Hooke, of Kittery, [*396.] in the Province of Meyne, their lawful! atturney on their behalfe & to their Cap' Francis Hooke Gen. only vse, to demand & receive all dues to them apperteyning from any person courts attur- or persons whatsoeuer, for the royaltjes & qvijtt rents or setlement made by the ^''^' president of the province ; as also to take into his possession all lands & houses belonging to the Governo"^ & Company within the sajd province, by possession or improovement of any the late servants, agents, or trustees of S"" Ferdinando Gorges, and, if need shallbe, to present & implead in the law all such persons or person as shall withhold and deteyne the same, & hauing gained possession, to lett out & dispose of sajd lands, by lease or otherwise, for the sole vse of the GoQno'^ & Company, with the aduice of the preesident of sajd province for tjm"e being. Dated in Boston, 21 March, 168f. EDWAED RAWSON, Secret In the name & by order of the GoTino' & Company of y' Massachusets. [The follovring instraments, part of tlie record of the May session, 1683, are entered out of place.] Know all men by these presents, that wee, Abbagasset & Kennebes, being le May. both Indian saggamores, doe here acknowledge & confess, for divers good Indian deeds to Xtopher causes, and for good & valuable consideration, and by vs in hand received Lauson, & tenn yeares before the insealing and deliuery of these presents by Xtopher m™ ' here Lawson, wherewith wee confess ourselues to be fully sattisfied & paid, haue * so on to y« •^ "^ 16 of May, is bargained and sould, &, by these presents, doe fully, clearly, & absolutely entredhymis- bai-gaine and sell vnto the aforesajd Christopher Lawson one island lying & ^f^^ ^^^ ^^Jj^ adjoyning in the River of Kennebeck, coinonly called & knoune by the *^- Indians Capeanagusset, and by the English comonly called & knoune by the name of Swann Island, w"" all vpwoods, vnderwoods, flats, and creeks, with fishing, fowling, hawking, hunting, and with all priuiledges and appurtenances thereto belonging, to the sajd Xtopher Lawson, his execcuto's, administrators, and assignes, and to their propper vses, to haue & to hold foreuer, w^'out any trouble, lett, or molestation of vs, or by any of our exacquto' ore assignes, ore by any other parson or parsons whatsoeuer, and for the true performance of the abouesajd premisses, without fraude & guile, wee doe here sett our hands & seales, this fiueteenth day of August, in the yeare of our Lord one thousand sixe hundred sixty and seven, being the nineteenth yeare of the reigne of our 16 May. 400 THE RECORDS OF THE COLONY OF 168 3. sufferaine lord, King Charles the Second, King of England, Scotland, France, & Ireland, DeiFendor of the Faith. his m^ke ABBEGUSSET, — ^^ — ^ & a seale in hard red wax, his marke Sealed, signed, & deliuered KENEBEZ, <=£:=» & a seale in red wax. in the presence of ys, sM-j Ephraim Marston, his mrke Thomas T Watkins, Abell Cannon, his marke Eich* T Boudin. Thomas "Watkins & Ephraim Marston doe affirme, vpon oath, that this is the Indians act & deed, the 21 day of June, 1668. Before me, NICHO: EEYNOLL, Jus? Peace. Abell Cannon did depose, vpon oath, before me, that these are the hands & scales of Abenegusset & Kenebes, both Indians, this 2^ day of August, 1668. ED: PATTESHALL, Majestrate. Enterd & recorded from 16* May, 1683. p EDWARD RAWSON, Secfy. r*397.] *To all Christian people to whom this present writing shall come, I, Christopher Lawson, of Kenebeck Ryuer, send, greeting, in our Lord God euerlasting. Know yee, that I, the sd Christopher Lawson, for the securing of the payment of one hundred and tenn pounds three shillings vnto Humphry Davy, of Boston, in the Massachusets colony in New England, merchant, haue given, granted, bargained, sold, enfeoffed, and confirmed, and by these presents doe give, grant, bargaine, sell, enfeoff, & confirme vnto the sajd Humphry Davy, his helres, execcuto''s, administrators, and assignes, one island lying and adjoyning in the Riuer of Kennebeck, comonly called and knoune by the Indians Cape Anagusset, and by the English comonly called and knoune by the name of Swan Island, w*'' all vpwoods, vnderwoods, flatts, creeks, marishes, w"' fishing, fouling, hawking, hunting, and w* all priuiledges & appurtenances thereof and therevnto belonging, and all my right, title, & in- terest in the same ; as also haue giuen, granted, bargained, sold, enfeoffed, & confirmed, & by these presents doe giue, grant, bargaine, sell, enfeoffe, and confirme vnto the sajd Humphry Dauie, his heires, execcuto's, administrators, THE MASSACHUSETTS BAY IN NEW ENGLAND, 401 & assignes, my now dwelling house as it is now, & with what further ad- 1683. ditions or finishing worke is or may be to the same, w*"" one out house ^ , and ' ^ ' .16 May. w*"^ all my right, & title, & interest in the sajd island & house aforementioned, xtopher Law- & all rights, priuiledges, & appurtenances thereof & therevnto belonging, to the ^°"^ ^^^^ *° sajd Humphry Davy, his execcuto^'s, administrato'"s, & assignes, & to his and their propper vse ; to haue and to hold foreuer, from the day of the date thereof, as a sure & perfect inheeritance. And I, Christopher Lawson, for myselfe, my heires, execcuto'^, administrators, and assignes, doe promise, couenant, grant, & agree to & w* the sajd Humphry Davy, his execcuto''s, admn^trato^'s, & assignes, that it shall be lawfuU for the sajd Humphry Dauie, his execcuto''s, administrator's, & assignes to haue, hold, occupy, possess, and enjoy the bargained premisses w*''out any lawfuU lett of myself, wife, heires, execcuto''s, administrato'^s, or any other person or persons lawfully clayming from, by, or vnder me ; and I doe also promise, couenant, and grant, & agree to and with the sajd Humphry Davie, his heires, execcuto''s, administrato'^s, and assignes, by these presents, that the bargained premisses, w*'' the appur- tenances, are free and cleere, & freely and cleerely acq^uitted, exonnorated, and dischardge of and from all other bargaines and sales, gifts and grants, titles, mortgages, actions, suites, arrests, judgments, executions, and incom- brances whatsoeuer to this day, & shall deliuer all escripts concerning the premisses vnto the sajd Humphry Davy, faire, & vncancelled, and vndefaced, prouided and allwis and it is agreed, that if I, Christopher Lawson, my heires, execcuto's, administrators, or assignes, shall pay or cause to be pajd vnto the sajd Humphry Davy, his heires, execcuto's, and administrators or assignes, the sume of one hundred & tenn pounds three shillings in currant money of New England, or in bevar or moose at price currant, at or before the next last of June next ensuing the date hereof, that then this present bargain and sale to be voyd & of none effect, or els to remajne in full force, strength, & virtue. In witnes whereof, I, Christopher Lawson, haue herevnto set my hand «& seale, in Kennebeck, the last day of June, in the yeare of our Lord one thousand sixe hundred sixty & eight, annoq, Eegni Eegis Carolj Se- cundj, &d. , Signed, sealed, & dehuered CHRISTOPHER LAWSON, & a seale. in presence of us. Robt Patteshall, John Eoote. ♦Eurth', Richard Patteshall testifieth & saith, that he hauing set his [*398.] VOL. V. 51 402 THE RECOKDS OF THE COLONY OF 1683. tand as a witnesse vnto this writing, he did see Christopher Lawson signe, * ' ' seale, & deliuer the same, as his act & deed, on the day of the date thereof. 16 May. rj,^^^^ ^^^^ ^^^-^^ ^j^g ggth gep?, 1670, before me. KICHARD PAEKER, Comissiotf. This instrument was acknowledged by Christopher Lawson as his act & deed, November 22, 1672, before EDW: TYNG, Assistant. Entred & recorded from 16 May, 1683, here. p EDWARD RAWSON, Secre?. Annexed. Xtopher Lau- Whereas I was formerly indebted to M' Humphry Davy, & mortgaged M' Davy. ^°^ ^^^ same Swan Island in Kennebeck, with the house & all appurtenances therevnto belonging ; and for want of payment & sattisfaction the premisses are are justly become forfeited vnto, & possessed of, the sajd Davje, who, not- w*standing, since offered me the premisses againe vpon payment of what is due to him, which I am vncapable to performe or procure to be performed ; so that it remajnes firmly to him, according to the mortgage & deed for the same. And now, the sajd M' Davye hauing, out of his compassion to m.ee in my lowe estate, and for my present help for my setlement in some good way for my future liuely hood, payd me a considerable soine of money & other pay, I doe heereby declare myself thankfuU and sattisfied, w^out any future clamours, pretences, or trouble of the sajd Davie, his heires & assignes, in or about & concerning the premisses, or in relation therevnto. Wittnes my hand, in Boston, this xxij"" day of November, one thousand sixe hundred seventy & two. Signed, sealled, & deliuered in CH: LAWSON, & a seale. the presenc of us. Jn° Bullard, Penn Tounsend. Ch Lawson acknowledged this instrument as his act and deed, 22*^ No^, 1672, before EDW: TYNG. Entred & recorded from 16 May, 1683. p EDW: RAWSON, Secre?. THE MASSACHUSETTS BAY IN NEW ENGLAND In answer to the petition of M"^ Humphry Davye, humbly desiring this Courts aprobation & confirmation of his lands purchased of Christopher Law- is May. son, who purchast the same of Abbegusset & Kenebez, two Indian saga- courts ans' to mores, as mentioned in y^ deed aboue & before written, &6, the Court allowes ^' Davys peti- con. & approoves thereof. EDW: EAWSON, Secret The 4«' of June, 1655. To all Xtian people to whom this present writing shall come, greeting. Jn« Saers deed to Isak ^^alk- Know yee, that I, John Saers, of Casco Bay, skale maker, for & in considera- gj._ tion of good and valuable consideration & payment to me made before the date hereof by Isaak Walker, of Boston, shop keeper, haue bargained & sold, & doe heereby bargaine & sell, vnto the aforesajd Isaack Walker one island, comonly knoune & called by the name of Long Island, in Cascoe, the westward end lying to Huswiues Sound, and the other end to the north east, reaching to Luxons Sound, in the aforesajd Casco Bay, together w*^ all the priuiledges, appurtenances, heeredittaments, profits, both by land «fe water, w* bennefits of harbour & adjacent profits therevnto belonging, to haue & to hold the foresajd premisses to him, the sajd Isaak Walker, as is aboue exprest ; I say, for id Isack, his heires, execute's, administrato''s, and assignes, as his and their oune propper right and due from this time & foreuer. And I, the sajd Saers, doe heereby further bind myself, heires, execcuto'^s, & administrators to defend & keepe the sajd Isaak Walker, his heires, execcuto^'s, & administrators, & assignes harmeless of and from all manner of person or persons whatsoeuer that shall or may lay claime therevnto, either now or heereafter ; and doe further promise and bynd myselfe, heires, execcuto's, & administrators to con- firme this present deed *more fully vnto Isaack Walker, his heires, execcu- [*399.] to's, administrators, or assignes, according to law in the Massachusets Bay, at any time heereafter, when the sajd Isaack or his assignes shall require it. In witnes whereof, I, John Saers, haue herevnto set my hand & seale the day & yeare aboue written. JOHN SEARS, & a seale. Witnes herevnto. W" Hambleton, Thomas Warner. Vnderwxit. John Seares came before me this ll"" of Aug, 1655, and did acknowledg this deed of sale on this side, and the confirma?, w"> the liuery and seisin, on the other side of the leafe, to be his act & deed. Before me, EICHAED BELLINGHAM, Dep* GoQ. THE RECOKDS OP THE COLONY OF This -writting, in written, I, the aforesajd John Sears, doe fully confirme vnto Isack Walker, his heires, execcutCs, administrato'"s, and assignes, ac- knowledging that I haue dd free & full possession of the aforesajd island & premisses vnto Isaack Walker, p deliuering of a twigg & turffe, according to vsuall custome. In witnes whereof, I haue heerevnto set my hand & seale this 4«' of June, 1655. JOHN SAEES, & a seale. Signed, sealed, Sc dd in g>sence of John Winter, Thomas Sallous, Mordecay Crauet, (-) his mark. Entred & recorded in the booke of records for the county of Sufiblke, at request of M' Isack Walkers, 16 March, 1658. p EDW" EAWSON, Recorder. 3 B., p. 210, 11. Entred & recorded in the booke of records for the county of SufFolke in New England, 16* of March, 1658, at the request of Isaack Walker. p EDW: RAWSON, Recorder. 4 B., p. 398. Entred & recorded in the Genii Courts book of records attests from 16'!^ May, 1683. EDW: RAWSON, Secret. Bee it knoune vnto all men by these presents, that I, Francis Small, of Casco Bay, haue and heereby doe sell vnto Isack Walker, of Boston, the plan- tation that I haue lately bought of Richard Martyn, which was last possest by Thomas Drake, lying oner against Clapboard Island, w"" all the housing and profits, priuiledges & appurtenances therevnto belonging as now it stands, & the same to remajne to the sajd Isack Walker, his heires, execcuto's, adminis- trators, & assignes for euer, w^out any interruption, molestation, or denyall of any person or persons whatsoeuer, and withall to deliuer, or cause to be deliuered, to the sajd Isaack Walker the writings that I, the Francis Smalle, haue of Richard Martyn, Thomas Drake, and John Phillips as concerning that plantation, and is in consideration of twenty fine pounds ten shillings which the sajd Isaack Walker pajd me in part before the sealing heereof, and the remajnder that is behind the sajd Isaack is to pay me in goods on all demands after the 20* of December next, after the date heereof, only what I THE MASSACHUSETTS BAY IN NEW ENGLAND. 405 16 May. already owe him to be allowed in part of payment. To the trueth hereof I 1683. bynd myself, my heires, execcuto'^s, & adminHrato's firmely by these presents. Witnes my hand & seale, the.2'' of November, 1658. FRANCIS SMALLE, & a seale. Signed, sealled, and dd in y" fsence of Thomas Mihell, Georg IngersoU, Jn° I Winslad, his m'k Jonck. George IngersoU appeared before me the 28 of June, 1682, and made oath that he saw Francis Small signe, seale, and deliuer the aboue instrement the 28 of June, 1682. Before me, EDWARD TING, Jus?. Endorst. I, Isack Walker, of Boston, in New England, w*'' the consent of my wife, Susanna, for and in consideration of full payment & sattisfaccon by me in hand received of M'' Richard Russell, of Charls Toune, doe heerby acknowl- edge to haue sold, & doe hereby sell, assigne, & make ouer the plantation mentioned in the inwritten deed, w"" all the profits, priuiledges, & appur- tenances therevnto belonging, according as is expressed, to remajne to the sajd M'' Richard Russell, his heires, execcuto's, administrator and assignes from the day of the date hereof for euer, w'^out any interruption, molestation, or denyall of the sajd Isaak Walker, my heires, execcuto's, admin^rato's, or assignes, or any other person or persons, or other y' shall lay claime there- vnto. In witnes whereof, I haue heerevnto set my hand & seale, the two *& [*400.] twentieth day of August, 1667. ISACK WALKER, & a seale. Tet, James Russell, Paul Dudley. Entred & recorded, from 16'" of May, 1683, p EDW: RAWSON, Secre?. Another of like tenno' & date, on y" backe side, of John Sares, his deed on island, is sajd insteed of plantatio. This attests E. R., S. 16 May. 406 THE EECOKDS OF THE COLONY OF 16 83. These are to testify to whom it may concerne, that Isaac "Walker, of Bos- ^^ "' ton, & Susanna, my wife, doe hereby acknowledg to haue given, granted, bargained, & sold vnto the wo'pff ^ M' Eichard Russell, of Charles Toune, an island and plantation lying & being in Casco Bay, according to two seuerall deeds for the same, that are already signed, sealed, & deliuered to y« wo'pff" M' Eichard Eussell aforesajd, before witnesses, the which island & plantation is to remajne vnto the wo'pif' M' Eichard Russell, his heires, execcuto's, administrato'^s, and assignes as his & their oune propper estate from the day of the date hereof foreuer. In wittnes whereof, wee haue herevnto set our hands, the 25* day of August, 1667. ISAACK WALKER, SUSAN WALKER. This writting was acknouledged by the subscribers to be their act & deed 26 of August, 1667. Before JOHN LEUERET, Assistant. Entred & recorded heere, at the request of James Russell, Es^, for 16 May, 1683. In ans'' to the peticon of James Russell, Es^, executo' to y^ last wiU of y* late Eichard Eussell, Es^, to approove, confirme the tract of land & plantation, w*'' Long Island in Casco Bay, y* his father long since purchased of Isaack Walker, as in y" peticon, the Court grants the peticoners rec[uest therein, and stands one after the other recorded, word for word. As attests EDWAED EAWSON, Secrei THE MASSACHUSETTS BAY IN NEW ENGLAND. 407 *Att a Generall Court for Elections, held at Boston, W May, 1683. 1688. SYMON BRADSTEEET, Esf>, was chosen GoQaor, & took his oath in open Court. Thomas Danforth, Es^, was chosen Dep* GoQno', & took his oath, 4 comiss in res. Daniel Gookin was chosen an Assistant for y' yeare ensuing, John Pynchon was chosen an Assistant, "W" Stoughton was chosen an Assistant, & P* Comission', Joseph Dudley was chosen an Assistant, Peter Bulkley was chosen Assistant, & 2'^ Comissio', Nathaniel Saltonstall was chosen an Assist, Humphry Davy was chosen an Assistant, John Richards was chosen an Assistant, Samuel Nowell was chosen an Assistant, & 3 ComissI in re- Willjam Broune was chosen an Assistant, [sery. John Hull was chosen an Assistant, James Russell was chosen an Assistant, & Treasurer, Peter Tilton was chosen an Assistant, Bartholmew Gidney was chosen an Assist, Sam Apleton was chosen an Assistant, Robert Pike was chosen an Assistant, Daniel Fisher was chosen an Assistant, John Woodbridge was chosen an Assistant, & Maj' [Genii. & tooke y°ir oathes to y' place be- longing. i — —' 16 May. [*401.] Edward Rawson was chosen Secre?. The names of the deputies returned at this Court, first sessions : — From Salem : M"^ Jn° Hathorne, 1 s. Charls To : M' Timo Lyndon, 1 s, M' Richard Sprague, M' Jn" Phillips. Dorchester : M' James Blake. Boston : M' Antho Stoddard, M"' Elisha Cooke, Cap? Edw Hutchinson. Eoxbury : M' Edward Morrice. Water Toun : M"^ Symon Stone. Cambridg : M' Edw^^ Winship, M' John Stone. Lynn : M'^ Andrew Mansfeild. Ipsuich : Cap? Jn° Whiple, M' W"" Goodhue. 408 THE BECORDS OF THE COLONY OF 16 May. 16 8 3. Newbeiy : Cap? Daniel Pearce. Weymouth : Capt W"" Torrey. Hingham : M' Nathaniel Beales. Concord : M'' James Blood. ^ „ , Dedham. M' Samuel Marshfeild, Springfeild. M' Jn° Pickardj Eowley. M' Samuel Thompson, Brauntry. Lef ? W"" Johnson, Wooborne. M' Peter Ayres, Hauerill. Cap? John Wayte, Maulden. Lef ? Phillip Smith, Hadley, 1 s. M"^ Joseph Hawley, Northmp?, 1 s. M' Jn° Haynes, Sudbury. M'^ Jn° Broune, Eedding. M"" Excercise Connant, Befily. M' John HascoU, Gloucester. M' Elisha Cooke was chosen Speaker to y^ deputjes for y= session. [*402.] *This Court, considering that catle are rated to the country at a greater Rating of catie yalue then they will yeild from man to man, doeth therefore order, that to y« country . rate. henceforth all neat catle shall be rated to the country, viz': oxen at four yeare old & aboue at three pounds a peece, all cowes & steeres at three yeares old & aboue at forty shillings a peece, & all of two yeare old at thirty shillings a peec, and yeare olds at fiueteen shillings a peece, & swyne at a yeare old at tenn shillings a peece. A new planta- This Court haulng information that some gentlemen in England are v"^'^ tTt" ^6sirous to remoove themselues into this colony, & (if it may be) to setle Major Thomp- themselues vnder the Massachusets ; for the incouragement of such persons, son, &5. & that they may haue some from among themselues, according to their motion, to assist & direct them in such a designe, this Court doth grant to Major Robert Thompson, Willjam Stoughton, & Joseph Dudley, Es^, and such others as they shall associate to them, a tract of land, in any free place, con- teyning eight miles square, for a touneship, they setling in the sajd place, w^in fewer yeares, thirty familjes & an able orthodox minister, and doe allow to the sajd touneship freedom from country rates for fewer yeares from the time aboue Ijmitted. In ans' to the peticon of Benja Bosworth, Tho Steevens, Boaz Broune, THE MASSACHUSETTS BAY IN NEW ENGLAND. 409 &8, inhabitants of Pompositticut, & at the motion of the comittee there ap- 1683. pointed to order the affaires of id new plantation betweene Concord & Lan- ' "< ' caster, called as aboue, this Court doth srant that place to be a touneship, & . , \ ' ' or -t^' A new planta- doe allow the chojce already made by the inhabitants of selectmen, constable, ti<"i at Pompe- sitticut, be- &(3, provided they act nothing contrary to the instruction & order given them tween Concord by the comittee for the prudent distribution of their lands, & encourasre- '^rf^^ ^''. J r ' a now Stow, gr' ment to the selling of a minister among them : and that the name of the said *« Benja. Bos- " o ' J worth, &c,& toune be Stow ; and they are freed from country rates for three yeares nest 3 yeares ex- emption from ensuing. ,,t,3. This Court judg meet to order the Treasurer forthwith to pay vnto M'^^ Courts gratui- Dudley fiuety pounds money, for the supply of hir family in her husbands ^^ M" Dudley. absence vpon the publick service of the country. This Court, being informed by our agents, now in England, of the good Courts grant to will & freindship of Majo"^ Robert Thompson, of London, & his readiness Thompsons 500 vpon all occasions to be assistant to them in the service of this colony, wherein *'^"^' they are, according doe, by way of gratuity, give vnto the sajd Majo"^ Thomp- son & his heires fiue hundred acres of land in the Nipmug countrey, to be lajd out to him w*''all reasonable convenience. This Court, being informed by our present & former agents of the good Courts grant to •n i' ■ n 1 • o • T • 11 ■ r -\r -r T n ^T M' Jn» Collins, will, iremdship, & vnwearied paines, vpon all occasions, oi M"^ J onn Coihns ggg ^cres &c. to promote the welfare & prosperity of this colony, doe, by way of gratuity & acknowledgment, grant & give vnto the sajd M"^ John Collins & his heires, foreuer, fiue hundred acres of land in the Nipmuck country, to be lajd out to him, or his order, w*''all reasonable convenienc ; and this Court doe appoint Tlio. Noyce Majo' Gookin, Cap? Hamond, & M"^ Samuel Andrws, survejor, or any two of cap*, Tristram them, a comittee to lay it out, & make returne to this Court for their confir- Coffin ief^,Ja- ' J ' cob lappm en- mation. ^'S' ^ compa. at Newbury. *For the setlement of the souldjery at Newbery into two companjes, nAnQ i according to the order of this Court, it is ordered, that Thomas Noyce be cap- comissions is- taine of the second company, that Trystram Coffyne, leiftenfit, & Jacob Tappin, ™^'l °"*- _ T10T 1 iri-i_ ''^'^° ^^liiplfi, ensigne, & that comissions goe out accordingly, & the gentlemen doe lorthwith gen-, cap' of y meet & take care that the circuit of each company be determined. widf &^c ^^^' Forasmuch as the troope belonging to Ipswich is without a captaine, the Comission is- sued out. former, vpon his oune motion, dismist, this Court doe appoint Cap? John ^„ Raymond "Whiple to be captaine of that troope in the roome of Capt John Apleton, & lef, Jn« Dodge, ■*■ Sen., corn', Corporall John Whiple to be coronet in the same troope. W" Dodg, In answer to the petition of a squadron of troopers, signed by Nathaniel ^"^^g°^ qu^m- Havward, Jacob Barney, Edward Dodge, &d, in the name of the rest, the »f Beiiiy troop. •' ' •^ _ _ _ Comiss. issued Court judgeth it meete to grant their request, that they be a distinct troope of out. YOL. V. 52 410 THE RECORDS OF THE COLONY OF 16 May. 1683. themselues, so as they prejudice not the ffoote company there, and doe appoint Willjam Raymond, leif ?, Jn° Dodg, Sen, cornet, & W"" Dodge, the son of Farmer Dodge, Sen, to be quarter m"" to the sajd troope, the troopers being inhabitants of Beuerly & Wenham. Jn» Osgood In answer to the petition of seull inhabitants of Andiuer, Topsfeild, &6, kerieif.Ben^a. the Court grants their request, & grants them, vf*^ the consent of the cap? or Kembaii com', ^.j^gjfg ^f^^^j.^ of the ffoote Company, liberty to compleate their troope to the of y» troope ras* out of Andi- number of forty eight men, besides coraission officers, and doe appoint John &5?Bradtod,' Osgood to be capt of that troope, Thomas Baker lef ?, & Benjamin Kemball &5. 3 comiss. ^o^.jjgj_ issued out & dd. to one In ans' to the petition of Tho Baker, Jacob Toune, & Jn" How, the J. , . I ^ matter conteyned in sajd peticon is referred to consideration to the first Fryday Bakers peti- of the next scssions in October next by this Court, and that notice be given con, a hearing ^ . , . gr'd in October to all parties Concerned then to appeare & attend their concernes therein, next yi" Fry- j^ answer to the petition of M' Edward Willis, the matter of this pe- Ans' to M' ticbn is by this Court referrd to consideration vntil the next session of this Willis peticon, ^ , • ^ i a hearing gr« ^ourt m October. next session. j^ gj^gv ^q the petition of Eobert Blood & Elisabeth, his wife, liberty is Ans' to Robert . . r t • r^ ■ /^ i Bloods pet., a granted to y° peticoners at the next sessions oi this Court in (October next to eannginOo- pj-oduce his euidences, prooviiig the Gennerall Courts grant of the thousand granted. Case acres of land given by Majo"^ Symon Willard in dowry w*'^ his daughter to be heard. Elisabeth, wife of the sajd Blood, & that the selectmen of Concord haue notice hereof, that the sajd toune (if they see cause) may then also attend & offer what they haue to say in refference to the ^misses mentioned ; and the other cases refrd in October last are to be heard at y" next sessions, one after another. Ans' to Hadley In ans' to the peticon of the inhabitants of Hadley, humbly desiring, for peticon. * , ... . ■ seuerall reasons therein mentioned, an enlargment of their bounds on their southerne bounds, &6, the Court judgeth meet to grant, as an addition of land, to the touneship of Hadley fower miles square, prouided that Majo' John Pynchon may haue his fine hundred acres, part of a former grant to him, & formerly taken vp w"'in that tract, be referred to him, and lajd out to him in such forme as the selectmen of Hadley & he shall agree, and that sajd land be of the touneship of Hadley. [*404.] *In answer to the petition from Springfeild & others, craving a toune- A new pianta- g^jp alitle below Springfeild at Freshwater Brooke, this Court doth grant a tion below _ ' . Springfeild, touneshlp there to the subscribers & such others as the comittee this Court appoints shall associat to them ; and that the bounds of sajd plantation be from the land Springfeild hath yeilded to them, viz', at the mouth of the Long THE MASSACHUSETTS BAY IN NEW ENGLAND. 411 Meadow Brooke below Springfeild ; from thence to run southward, by Con- nectlcot Eiuer, sixe miles ; and the bounds or Ijne betweene Springfeild and this new touneship to runn off from Connecticot Eiuer, vpon a due east Ijne, tenn miles from the mouth of sajd Long Meadow Brooke, where it emptjes itselfe into the Great Eiuer, aljas Connecticot Eyuer ; and that the toune be called Enfeild ; and for the admittance of inhabitants, granting alottments, & ordering all the prudentiall aifaires of id touneship, this Court doth appoint Majo' John Pynchttn, Leiut Tho Stebbins, M' Samuell Marshfeild, Deacon Jonathan Bart, & Deacon Benja Parsons, or any three of them, Majo' Pyn- chon being one, to be a coinittee, who are fully empowred to mannage all the affajres of sajd touneship till this Court take further order ; and that the sajd 5 yeares free- /■/■■ f T ■ • dome from toune be freed from country rates for nue yeares from this time. country rates. In ans"^ to the petition of M' Peter Tylton, Es^, & y^ Eeu^ M"^ John Ans'toM-Til ton & M' Rus Eussell, of Hadley, execcuto''s to the last will & testament of Henry Clarke, sells petiSon. gen', praying the Courts consideration & confirmation of their execution as is set forth in sajd petition, refference thereto being had, the Court doe hereby impower & order the County Court of Hampshire to examine their accounts, & disbursments, & whole proceedings relating to the premisses, & to ap- prooue of & folly confirme the same, or otherwise to make report of the state of the case to the next sessions of this Court. In ans"" to the petition of Sarah Wallingford, this Court reffers the pe- Ans' to Sarah 1 ^ ^ • -r^ 1 11 11 Wallingfords ticoner to the County Court in Essex, who are hereby empowred to doe petition. herein as they shall judg meet. In answer to the petition of Francis Barnard, humbly desiring this Ansno Francis 11- 1 i* 1 • J T • jy Barnards pe- Courts favo"' to order him tenn pounds mony out of what is due to him from tiou^ & lo" the country, as in his peticon, &3, it is ordered, that the Treasurer pay to S'™*^^' &"■ the petitioner tenn pounds in or as money, & charge the same to the account of Hadley, provided the selectmen of sajd toune doe signify, vnder their hands, to the Tresurer, that there is so much due to the peticbner. In answer to the petition of Mary Kemble, the Court judgeth it meet to Ans'toMary referr the consideration & determination of what is desired in sajd petition to tior&c!^''"' the County Court of Suffolke, as in their wisdome they find just. *In answer to the petition of Samuel Stow, of Marlborow, humbly desiring [*405.] the favo'' of this Court to grant him liberty to purchase of the Indians there, ^^^' *° ®*™' ° ./ i Stowes peti- out of their sixe thousand acres, twenty acres, he hauing but very litle ac- con. coiiiodation in land, and it lying convenient for his inlargement, the Indians hauing binn treated with, & they being willing & consenting thereto, the Court judgeth it meet to grant the peticoners req^uest herein. In ans' to the peticon of W" & Anna Hawkins, this Court grants a 16 May. Ans' to Elisa- 412 THE RECOKDS OF THE COLONY OF 1683. tearing of their case on the first Fryday of the session in October next, & orders, that all persons concerned be sumond then to attend. The grant made by y^ Genii Court in February last to Elisabeth John- beth Jn«son, gon, being suggested by her freinds that it would be much more to hir com- relict of Isa. „ . _ . t r ^ Johnson. fort in Hr present issues to haue an order to receive tenn pounds of the Treasurer in country pay, the Court grants hir motion for the Tresurer to pay her tenn pounds in country pay. Ans' to Jn» In ans"" to the peticon of John Mun, it is ordered, that the Treasurer pay uns pe icon, j^.^ forty shillings in money, and tenn pounds out of Hampshire rate in country pay. Ans' to M' In ans' to a motion made to this Court at request of the children of "^°500 "res™' *^® aboue named Theophilus Eaton, Es^*, deceased, the Court, having reuised grant, to The- their papers, doe allow & confirme the land lajd out as expressd therein, pro- ophilus Batons .. children con- vided that it exceed not fiuety acres more then the nue hundred granted them, ™^ Eaton ^^'^ ^^** *^® forme be reduced to a square or rombojds, and doe not prejudice any former grant. Ans' to Jn» I^ aiiswer to the petition of John Wales & Content Mason, his daughter, t^°t M* ^™" ^^^^^^ °^' Joliii Mason, humbly desiring that the like power of making sale & peticon. confirming deeds as was formerly by y^ Court granted to John Mason, & no otherwise, may be by this Court granted to them, being the administrato'^s of the sajd John Masons estate, the Court grants their request, & impowers them hereby accordingly. Ja' Russell. ^^ ^^^^ ^0 the request of James Russel, Es^, on behalfe of M"^^ Mehittable Foster, late relict of the late M"^ Daniel Eussell, for the securing of Mehitabel Russell portion, or fine hundred pounds, the Court doe allow of & confirme the sale of the houses & lands of M"^ Daniel Russells by his execcutrix, pro- vission thereby being made for the securing the sajd Mehitabel the daughters halfe thereof, that belonged to hir father in Charls Toune, by fine hundred acres of land in New Cambridge, being part of y" farme Capl Prentice doth & hath long improoved. P406.] *-'-n an^*^ to tt® petition of W™ Hawkins & Anna, his wife, the Court Ans' to W" & grants a hearing of the case on the first Fryday of the session that shall be in peti., casetobe October next, & all persons concerned to be surnoned then to attend, heard on 1" It ig ordered, that W" Stoughton, John Hull, & James Eussell, Esff>s, Fryday. ■"■ Coinittee as to ^^^ former comittee, be continued, to agree w* the ordinary. ordmarys. j^ -g ordered, that W-^ Stoughton & Humphry Davy, Es^s, be desired Comittee to re- tumeynhanks to returne the thanks of this Court to M"^ Torry for his paynes in sermon at 0^^ e our , j.j^g election, & signify to him the Courts desire that he prepare & fitt his sermon for the presse. THE MASSACHUSETTS BAY IN NEW ENGLAND. 413 It is ordered, that the cases should haue binn heard on Tuesday be res- 1683. pitted, & referd to the 1st Tuesday in the sessions in October, at 8 of the " '^ ' , , 16 May. clocke. Time appoint- ed to heare C£LSG5 Being called and desired by Majo' Daniel Gookin, Es^, Cap? Thomas q^^^^^ samou Prentice, & Cap? Daniel Hinchman, a coinittee of the Gennerall Court, to plantation bounds, since order the afFajres of a plantation at Quansiggamond, to lay out the sajd plan- called Wor- tation according to the Generall Courts grant dated the 24"" of October, 1668, to the contents of eight miles square, hauing accordingly surveyed the same, and draune this plat for the Courts confirmation, dated the 19"" of May, 1683, and is beginnig from the south east angle at a chesnut m'kt tree of Quansiga- mon Pond, & so thro a g'^t pine swampe & ouer Patchaog Hill at a S. W. angle at a pine tree nineteen hundred & twenty rod, y^ cours S. W. & by W. ; and from the south west angle, at a pine tree markt, runnig N. & by west thro riuers & swamps 3 thousand seven hundred & sixty rods to a birch markt tree at the north west angle, the cours N. E. by E., nineteen hundred & twenty rods, to a white oak markt, & from the sajd white markt oake angle tree to a m^'kt stake two thousand two hundred & fiuety rod, y" course S. & by E. forty fine minuts easterly, and from the sajd markt stake to ther north- ermost end of Quansiggamond Pond sixe hundred and fine rods south & by E. sixe degrees easterly, and from the north end of Quansiggamon Pond to the S. E. angle where wee first begann at y* chesnut tree nine hundred and twenty rod, y* cours south fiue degerees fiueteene minuts easterly. The Court approoves of this returne. E. E.., S. *In answer to the petition of M"^ Samuel Shrimpton, for the release of [*407.] the q uitt rent & incumbrance vpon Nodles Island, in the payment of forty This stands eiitred from 7 shillings or otherwise annually, as in the sajd petition is expressed, this Court Feb', 1682, be- hath consented & doe heereby for euer release & set fi"ree the sajd island from ^^^^^ '''* °f °'" the said duty & payment, or what euer other incumbrance the said island & '■"'^^ '" b" <">- J J i^ ■> ' ■> tied 7 Feb., 82. lands thereof is by the sajd grant chardged with; and that the same beholden Ans'toMr by the sajd Samuell Shrimpton, his heires & assignes, for euer in £Fee, w*''out g^^^^'J^j^^ anv incumbrance whatsoeuer, vpon no other condition but the payment of ti^on, Nodles •' Island freed & thirty pounds money sterling of England to Joseph Dudley & John Eichards, released from Esq's, our agents in England, or either of them ; and their receipt, w*"* coppy *°^ '^'^"'' '"' of this grant, to be his dischardge accordingly. 414 THE RECOKDS OF THE COLONY OF 1683. *M the second Sessions of the General! Court, held at Boston, m Octob:, 1683. 10 October. [*408.] Present, Symon Bradstreet, Es^, GoQ, Thomas Danforth, Esf*, Dep* Goa, Daniel Gookin, "Willjam Stoughton, Joseph Dudley, 15. Peter Bulkley, Nathaniel Saltonstall, W"' Broune, Sain Nowell, [■ Es^s. John Richards, James Eussell, Peter Tylton, Bartholmew Gldney, Saffi Apleton, Robert Pyke, IT is ordered by this Court & the authority thereof, that all the lawes Tnder the head or title of Imposts, Impost of "Wine, & Strong Liquo's, Impost vpon Goods and Prouissions, with any explanation or addition made therevnto, and the law titled Publicke Charges, section the third, referring to the Treasurers issuing out warrants to the constables for collecting of "assess- ments yearely, shall be and remajne in force for this present yeare, and vntill the tenth day of June, which will be in the yeare 1684, and for no longer time, any law, vsage, or custome to the contrary notw*''standing. As an addition to the law, title Inkeepers : whereas that law, sectio 3'^, imposes a fine of fine shillings on the licensed persons that are the breakers of that law, this Court doeth order, that the poenalty for the breach of that law shall henceforth be forty shillings. Law for erreot- As an addition to the law, title Schooles, this Court doth order and enact, that euery toune consisting of more then fiue hundred familjes or householders shall set vp & mainteyne two gramar schooles and two wrighting schooles, the masters whereof shall be fitt and able to instruct youth as sajd law directs ; and whereas the sajd law makes the pcenalty for such tounes as provide not schooles as the law directs to pay to the next schoole ten pounds, this Court ing 2 grajnar schooles in tounes, &c, & pcenalty. THE MASSACHUSETTS BAY IN NEW ENGLAND. 415 heereby enacts, that the poenalty shall be twenty pounds where there are two 168 3. hundred familjes or householders. "^ ■> ' For the prevention of deceite & cousenage by persons being taken by „ , execution, or deliuering themselues ouer as servants vnto any, thereby to pre- lating s-vitude . . . 1 1 • /-I ''y execution. vent their creditors taking hold on them, it is ordered & enacted by this Court & the authority thereof, that henceforth no person or persons shall be taken or deliuered ouer by execution, or shall deliuer vp themselues to any one or more of their creditors in way of service for sattisfaction of any debt or debts owing by him or them, vnless it be with the knowledge & approbation of the Court of that county where such debto"" or credito"^ dwell, that they may receive sat- tisfaction in the justness of the debt, & likewise sett the time that the debto'^ shall serve, and that it may be publickely declared that he is a servant, pro- vided this order shall not be interpreted so as to obstruct the legall procedure of any other creditor's against any person so disposed to service, either formerly or heereafter. *0n the peticon of y" administratrix & administrator's to y' estate of the [*409.] late T>' Isack Waldron, desiring that there may be a procedure of the case Courts judgm' referd from this Court in October & May last between sajd Waldron & Capt & Frary, &c. Theophilus Frary, Left Wing, & Ensigne Walke, the Court ordered a hearing of the case on Fryday next, at eight of the clocke in the morning : at the time y" parties appeard & made the pleas. In the case of Priscilla Waldron & John Vsher, administrators of Isack Waldrons, plaintiff, by peticon, on the one part, & Cap? Theophilus Frary, Left Wing, & Ensign Walke, on the other part, the attachment, Courts judg- ment, & the euidence produced were read & considered : the Court doe judge for the plaintiffs the reuersion of former judgments, twenty shillings dairiage, and costs of Courts, with fewer pounds for hearing of the case. In answer to the peticon of Mary Fairebancks, widdow, this Court doth Courts aus' to „, , T 1 r Marj- Fair- order, that her farme shall apperteme to Sherborne, according to the lormer banks peticon, setlement made by the Generall Court, and that such rates as she hath payd *„^^|,"^™"^" to Meadfeild since the aboue said setlement shallbe by them returned to hir Sherbom & "^ Meadfeild. againe. In ans'' to the petition of Thomas Baker, Jacob Town, & John How, in Courts interp'- tation of y« or- behalfe of the toune of Topsfeild, for explanation of an order of Court made aer 19 October, the 19*'' of October, 1658, referring to lands granted by Salem within Tops- ^*j*^f™'J^^ feild bounds, vpon a full hearing of the case, and what hath binn alleadged, Topsfeild & Salem. both by Salem & Topsfeild, the Court doe judge that the aforesaid order refferrs only to such lands as were granted by Salem before the tenth of May, 1643. 1) Oc-tol)er. 416 THE RECORDS OF THE COLONY OP 168 3. Whereas this Court, in order to the setlement of the controuersy between Stephen Butler & the children of Willjam Holloway, Sen, did order or deter- mine that the sajd children of Willjam Holloway, viz., Willjam Hollo\^'ay, ment X deter- Jun, Benjamin Holloway, & Mary Holloway, should, w^in one yeare, make miiiatiou ofy"* -r^i^iitTr' i* case inter But- payment to the abouesajd Butler of one hundred and fiuety pounds m money, ler & Hollo- |^y. fg^ygj. g^en & sequall quarterly payments, which, though legally demanded of them, they haue fajled in the payment off, this Court doth therefore heere- by declare and appoint, that the abouesajd children of Willjam Holloway, Sen, shall beginn their first payment of thirty seuen pounds ten shillings, money w"'in three months after the date of this order, and so continue the like payment quarterly till the sume of one hundred and fifty pounds be [*410.] pajd, or else execution shall be granted against the ground *and housing lived in. Courts judgm* In the case of Eobert Lord, inarshall, by petition, plaintiff, against Bishop Samuel Bishop, deffendant, after the attachment, Courts judgmt, & all the euidences in the case produced were read & considered, the Court declard they found for the plaintiff reuersion of the former judgment, and that each party beare his oune charges, and each pay thirty shillings for the Courts hearing of the case. Courts judg- In the case betweene M"" Edward Willis, plain?, & M'^ Ann Haugh, wm's"**^' relict & administratrix of M"^ Samuel Haugh, of Boston, deceased, defendt, Haugh. this Court, fi.nding the execution served by way of extent on the estate of sajd Haugh to be without warrant of law, declare the same to be null and voyd ; also, that the judgments of Courts on two bonds haue not before now been chancerjed, doe finde for the plaintiff three hundred sixty eight pounds fowerteen shillings and fower pence money, to be levyed vpon any part of that estate, reall or personall, that the sajd Samuel Haugh dyed seized of, this Court, by their order. May 19, 1680, hauing declard that estate lyable to pay- ment of debts. Courts ans' to In ans'' to the petition of Willjam & Anna Hawkins, & on pervsall of Hawkins peti- '^^^^ euidences in the case were produced, and it not appearing to this Court con, &c. tijg^t ^\i q£ tijg claymers to the land mentioned in the petition haue binn legally suinoned, and only one of the persons appearing to make his deffence, the Court judgeth meete to respitt the determination of this case vntill the first Fryday of the next sitting of the Gennerall Court, and that suinons be by sajd Hawkins procured and sent to all persons concerned then to appeare. falTthe'Tres's ^^P* '^°^^ Richards, & M'^ Nowell, Es^s, w* M^ Elisha Cooke, Leif t account to be "W™ Johnson, Capl Elisha Hutchinson, Capt Richard Sprague, are appointed exam^ed & re- tume to bem*. a comittee to examine the Treasurers account, and to make returne thereof to 10 October. THE MASSACHUSETTS BAY IN NEW ENaLAND. 417 the next sitting of this Generall Court, Cap? Eichards to appoint the tjme of 1683. meeting. In answer to the petitions of Nathaniel Bishop, Samuel Norden, Cleoment Grosse, & Susanna Woolfe, this Court doth order, that they be freed from their present imprisonment, any law to the contrary notwithstanding. *ror the defraying of country charges, it is ordered by this Court and [*411.] the authority thereof, that there shall be two single country rates for this ^ ''^*®^ ^°'^ 5" yeare. present yeare, one whereof to be pajd in country pay, according to law, at these prizes following, viz', wheat at fiue shillings p bussell, Indian corne at three shillings, rye at three shillings sixe pence, barly & barly mault at fewer shillings, & oates at two shillings p bushell, all to be good, well winnowed, and merchantable corne, and the other rate to be pajd in money, & whoeuer payes mony insteed of corne shall be abated one third ; and what is payd on the country rate, except grajne, is to be pajd at mony prize, provided that no leane catle & horses be pajd for sajd rates. In ans' to the petition of M"^ James Allen & Francis Nurse, the Court Ans' to M' judges it meet to grant a hearing of the matters therein conteyned on the first j^jg^^jf ""^^^ Fryday of the next sitting of the Generall Court, at eight of the clocke in the forenoone, and that the secretary, by warrants, signify the same to all persons concerned then to appeare, and attend the issue, and that, in the meane time, neither of the claymers make any strip or wast Tpon the land in controuersy, and that execution for the judgment of the last Court of Assistants referring to this case be respitted. In ans' to the petition of Cap? Willjam Torrey, the Court grants the Ans' to Cap' peticoner, y® fiue hundred acres of land, in any vacant place. co*'"^^* ^^ '" In answ' to the peticon of seull inhabitants w""in the bounds of Cam- Ans' to Cam bridge, the Court respitts the consideration of this case till the first Tuesday ^^jg peticon. after the next election. Jonas Clark, of Cambridge, his farme of three hundred acres, neare Dun- stable Ijne, on y* east side of Merremack, lajd out the 6 8 ifi, 1682, by Jona- than Danforth, surveyo', jf"p^;, runingwest 39 degf two hundred thirty eight pole to a corner, a litle red oake standing south 51 deg"^ east two hundred & two pole to y" corner, where two pines & stones, the north line 39 deg"^ east two hundred thirty & eight pole to y" corner, a pjne north 51 degf west two hundred & two pole to y" corner, where a litle pine is. *0n a further motion made, this Court doth approove of the returne [*412.1 herevnto annexed, confirming sajd lands to the heires of Theophilus Eaton, M' Jones 500 T 1 /■ 1 1 /-^ Ti /-I acr« lajd out to Es^, deceased, accordmg to the grant made thereot by the Generall Court, Theo' Eatons ig"" May, 1680, fiue hundred acres, lajd out by John Heynes, w^'in these '''"^^• VOL. V. 53 418 THE RECOKDS OF THE COLONY OP 168 3. Ijnes : the first Ijne S. S. east one mile, the second Ijne west S. -west 180 pole, ' ' ' the 3 line nor nor west two hundred & forty rod, the 4 Ijne runs west one mile, the 5 line forty rod N., the 6"^ Ijne one hundred rod north east, seventh Ijne east nor east one hundred rod, the 8"" line east S. east one hundred & eighty rod. Ans' to W» In ans"" to the petition of Willjam Naffe, of Hauerlll, administrator to the estate of Thomas Dauis, adm grand father, the Court grants the petitioner liberty to sell so much land as may atteyne the ends proposed, proulded the honnord Majo"^ Saltingstall & Leif ? Georg Broune, of Hauerlll, examine how much is necessaf to be disposed of, and that they both concurr in the sale thereof. Ans' to Jabez In ans' to the peticbn of Jabez Musgraue, of Newbery, the Court judgeth usgravespe . jj. jj^ggj. (.^ allow the petlconer twenty shillings p annu out of the publick treasury, in rate pay, besides what the toune of Newbery shall contribute to his necessity, & this during the Courts pleasure. Tresurer to pay It is ordered, that the Tresurer of the country, as soone as can, sattisfy y,, & pay in mony to M' Samuel Seawall tenn pounds seventeen shillings, for printing M' Samuel Torreys sermon at the last election. Courts gr' of Thls Court doe grant to Peter Bulkley, Es^, one thousand acres of land ter Bulklev ' ^"^ ^^^ place free from former grants, where it may not obstruct the being of a E^i'- plantation. M' Jii» Gore M' John Gore is nominated & approoved of to be a surveyo' of land for a surveyor. laying out the grants of this Court, he taking his oath in that case provided. SOOacr'g'tedto In answer to a motion made, the Court doe grant to M"^ Edward Eawson n awson. g^^ hundred acres of land, to be lajd out in any free place, not prejudicing any plantation. Ans' to Phoebe In ans"" to the petition of Phebe Blantin, the Court sees no cause to make . *" " ^^ '" any alteration of hir late husbands will. con. •' [*413.] *Iii answer to the petition of Capt Roger Clap, captaine of the Castle, it Ans' to Cap' is ordered, that Captaine Elisha Hutchinson, Cap? John Faireweather, & Capt Claps peticou ._, tit i n ^ • ■\ as to y« Castle, -c^phraim oauage be added vnto the comittee tor the ouersight of the repajres of the Castle, and that y^ country Treasurer make payment of what shall be judged necessary by the sajd comittee, or any three of them, either for pro- curing materlalls or payment of workmen. Troope of hors It is Ordered, that lelftennt be captaine of the troope of horse, M' Timo- mi . cers. ^^^ Dwlght leftennt, and Thomas Swift cornet of the troope of horse in Boston, & M' John Vsher quarter master. Jn" Ricli'ds It Is ordered, that Jn° Elchards, Es^, be sarj' majo' of y" regiment in sarj. major. -g^^^^^_ THE MASSACHUSETTS BAY IN NEW ENGLAND. 4] 9 It is ordered, that Leiu'ent Daniel Turel be captaine of the foote com- 1683. pany lately vnder the coiiiand of jMajo'^ & Cap? Thomas Clarke, M"^ John ' ~(~~~' Olliuer to be his leifceniit, & Sariant Jn" Moore to be his ensiffne. „ . ° !^ •' ° Dam. Turell It is ordered, that Leftennt Jn" Wyng be captaine of y^ ffoot company o^^P'. &2. late vnder y" coinand of Capt Daniel Hinchman, Isack "Walker to be his •'"° "^^"2 cap', leiftennt, & M' Francis Foxcraft to be ensigne. It is ordered, that M'' Tymothy Prout be captaine of all the fortiffica- tions, gunners, & moutrosses in Boston, & great artillery thereto belonging, and that he be added to the comittee of militia in Boston. It is ordered, that Capt Jn° Apleton be capt of Ipsuich troope of horse, Coffii. issued M"^ John Whiple to be his leiftennt, & M-- Thomas Wade his cornett. ipswkhToop It is ordered, that Bartholmew Gidney, Esqp, be captaine of the ifoot Salem officer to company late vnder the coinand of Capt John Corwin, deceased, y' Israeli '""^ ^"^'^ ''°"" Porter be his leiftennt, & Jn° Marston to be his ensigne. It is ordered, that Thomas Fiske be captaine of the ffoot company at Wen- "Wenham offi- ham, Charles Gott be his leiftennt, & W™ Fiske his ensigne. *M'^ W™ Broune, Juii, hereto chosen captaine of the troope of horse in [*414.] & about Salem, hauing absolutely declined to accept of that office, manifesting ■'^''° Higgmson, Jun., cap* of the same in his letter to y' majo' gennerall, the Court doth therefore choose & Salem troop. appoint M"" John Higginson, Jun, to be captaine of Salem troope, & M' Thomas Gardiner to be his leif tt. And it is ordered, that Cap? Higginson haue the like liberty to lyst souldjers to fill vp his troope, as was formerly ordered by this Court for Capt° Broune. It is ordered, that Majo' Robert Pike shall haue coinission for captaine Major Pike of the troope, or remainder of the troop, on the north side of Merrimack, „„ -aarx^ side belonging to the toune of Salisbury, and Amesbury, & Hauerill, and that he °^ Mem- may fill vp his troope, not exceeding the number of forty eight souldjers, according to y" direction of law. It is ordered, that Thomas Chandler be leftennt to y^ ffoot company in Andiuer miu- Andiuer, John Steephens ensigne, vnder the conduct of Dudley Bradstreet, capt. It is ordered, that Jn° Legg be leiftennt, & Erasmus Steephens ensigne Marblehead of- of y^ fibote company at Marblehead, vnder Samuel Ward, cap?. It is ordered, that Jonathan Danforth be captaine of the ffoote compa at Billirrica offi- Billirrica, Joseph Thompson leiftent, & Ralph Hill ensigne. John Fiske is appointed ensigne to the fibot company at Chelmsford. Jn° Kske en- signe. fPage *41o is blank in the original.] 420 THE RECORDS OP THE COLONY OF 1683. *Mt a Gennerall Court called to sitt in Boston, T* JVovember, 1683, by order from the Gouno'' Sf Magests, mett in Boston, 8r then satt. 7 November. [*416.] Es^s Peesent, Symoii Bradstreet, Es^, GoQ, Tho Danforth, Esqp, Dep* GoQ, Daniel Gookin, W™ Stoughton, Joseph Dudley, Peter Bulkley, Nathan Saltonstall, W" Broune, J"", Jn" Richards, James Russell, Barthoi Gidney, Saia Apleton, Robert Pyke, John Woodbridge, . Names of the deputjes returnd to serve at this Court were, — M"^ Edmod Batter, M' Hen Bartholmew, Sale. Capt Ricd Sprague, Lef ? Jn" Phillips, Charls T. M"' W" Sumner, M"^ James Blake, Dorches?. M' Antho Stoddard, M'^ Elisha Cooke, Cap? Elisha Hutchinson, Boston. M' Edw* Morrice, M' Joseph Griggs, Roxbury. M' Symon Stone, M' Thomas Fox, Water T. Leif ? Edw** Winship, Cambr. , M"^ Andrew Mansfeild, Lynn. ]y[r -yym Goodhue, Leif t Tho Burnham, Ipswich. Cap? Dani Pearse, Newbery. Capt "W"" Torrey, Cap? Jn° Holbrook, Weymo. Cap? Jn" Smith, M"^ Nath Beales, Hinghm. M' Edw* Cakes, Concord. M' Jn° Aldis, Lef ? Nath Sternes, Dedham. M' Jn" Heynes, Sudury. M'' Sam Tompson, Braintry. Lef? W" Johnson, Maldn. Ensigne Ja : Convers, ^ M' Jn" Thirston, Medf. THE MASSACHUSETTS BAY IN NEW ENGLAND. Cap? Jn" "Wayt, Maulden. M"^ John Pearson, Rowley. M"- W" Blake, Milton. Leif t Tho Baker, Topsfi*. M'^ Joseph Rice, Marlbor. Left Jn° Dodge, Beflly. M' James Steevens, Gloster. Lef ? Georg Broun, Hauerill. Cap? Jn" Hinchman, Chelmsfo. M"^ Medad Pomery, North. M' Heii Phillips, M' SafJi Patrige, Hadley. Capt Dudley Bradstreet, Anduer. M"^ Safii Sewall, Westfeild. Capt Jame Parker, Groaten. Ens Hannaniah Parker, Reddng. Capt Tho Fiske, ^ . _ 47. M' Elisha Cooke was chosen Speaker y" session. AT the opening of this Court the Governo'^ acquainted the Court, that since the last sitting of this Court Edward Randolph, Es^, arrived, & had presented him w'*' his maj'jes councils act, & his maj*jes declaration & proclamation, w"' the quo warranto y' was isued out ag* the Goiino' & Com- pany, &d, yf"^ was, — Carolus Scdus, Dej gra Angl, Sco°, Franc, & Hiftnia, Rex, Pidej Defensor ■^6, viiibs London, saltm p'cipim & vo^ q* yenire fa" cora no^ a dje in Michis in tres sep?m, vbicuncq, tunc fuim in Angl, Symon Bradstreet, nup de Lon- don, Af, Thoma Danforth, de eadm, Af, Daniel Gookin, de eadm, Af, Johem Pinchen, de eadm, AfjWilljam Stoughton, de eadm, Af , Petru Bulkley, de eadm, Af, Nathaniel Saltenstall, de eadm, Af, Humfrid Davy, de eadm, Af, Willi Broune, de eadm, Af, Samuei Nowell, de eadm, Af, Johem Hull, de eadm, Af, Jacobu Russell, de eadm, Af, Petru Tylton, de eadm, Af, Bartholo Gidney, de eadm, Af, Samuei Apleton, de eadm, Af, Robertu Pyke, de eadm, Af, Daniei Fisher, de ^ , yeofii, Johem Wajte, de eadm, yeoni, Wjlim Johnson, de eadm, yeom, Edm Quinsey, de eadm, yeoni, Elisha Cooke, de eadm. Gen, Elisha Hutchinson, de eadm, mercatof, Edm Batter, de eadm, yeoni, Laurentiu Hamond, de eadm, yeoiTi, Josephu Dudley, de eadm, Af, Johem Richards, de eadm, Af , "Willia Torrey, de eadm, yeom, Johem Faireweather, de eadm, yeom, 7 November. 422 THE KECORDS OF THE COLONY OF 168 3. Anthony Stodder, de eadm, yeoffi, & Daniei Turell, Sen, de eadm, nig? fferrar, ad respondend no^ quo warranto clarnat here, vtj et gaudere diues libertat, priuileg et franches infra ciuit London, & lifctat ejusdm ac in omibs locis extra clui? London p''d, infra hoc regn Angi, nee non in qua pluf partibs tfnsmafm, extra hoc regn Angi unde impetit sunt es'heat ibi hoc bre. THOMA JONES, mii apud Westin, xxvij die Junij, ann° regni nf i XXXV. ASTEY. Vera copea exajat, 9° dje Julj, 1683. RL NORMANSELL, SecondarQ vie London. & y° same in English. At the Court at White Hall, the 20'" of July, 1683. Present, The Kings most excellent Majesty, Lord Arch Bishop of Canterbury, Earle of Bath, Lord Keeper, Earle of Craven, Lord President, Earle of Aylesbury, Lord Privy Scale, Earle of Conway, Duke of Ormond, Viscount Eaulconbridge, Duke of Albemarle, Lord Bishop of London, Earle of Peterborough, Lord Dartmouth, Earle of Sunderland, M' Chancellor of the Exchequer, Earle of Clarendon, M' Chancellor of the Duchy. [*417.'l *The right honno'^ble the lords of the coinittee for trade and foreigne plantations hauing this day presented to the board a report concerning New England, together with the draught of a declaration from his maj'^ to the Goiino'^ & Company of the Massachusets Bay, vpon issueing a quo-warranto against the charter of that colony, and the sajd report and declaration being read and considered at the boards, it was ordered, as it is hereby ordered, that M"" Edward Randolph be sent to New England with the notiffication of the sajd quo waranto, which he is to deliuer to the sajd GouernoJ and Com- pany of the Massachusets Bay, and therevpon to returne to giue his maj*y an account of his proceedings therein ; and one of his majestjes principall secre- tarys of state is likewise to prepare the sajd declaration for his majesties sig- nature ; and in order to be sent to New England and deliuered to the GoBno"^ and Company by the sajd Edward Randolph, two hundred copies of all the proceedings at the council board concerning the charter of London, which THE MASSACHUSETTS BAY IN NEW ENGLAND. 423 ■were printed by order of his maj'y at this board, to be dispersed by him in 16 83. New England, as he shall thinke best for his majesties service. '' 7 November. PHIL: LLOYD. Charles E. Charles the Second, by the grace of God King of England, Scotland, Hismaj'Jdec- Fraunce, & Ireland, Defender of the Faith, &d, to all to whom these presents proclamation, shall come or may in any wise concerne, greeting. Although wee haue thought fit to issue our writ of quo warranto against the charter and priui- ledges claymed by the Goiino'' and Company of the Massachusets Bay in New England, by reason of some crjmes and misdemeano''s by them comitted, yet our will and pleasure is, and wee doe hereby declare, that the privat interests and proprietjes of all persons within that our colony shall be continued and preserued to them, so that no man shall receive any prejudice in his ffree *ffreehold or estate ; and that, in case the said corporation of the Massachusets [*418.] Bay shall, before further prosecution had vpon the sajd quo warranto, make a full submission and entire resignation to our pleasure, wee will then regulate their charter in such manner as shall be for our service and the good of that our colony, without any other alterations then such as wee shall find neces- sary for the better support of our gouernment there. And wee doe hereby further declare and direct, that all those persons who are questioned in or by the sajd quo warranto, and shall goe about to mainteyne the suite against us, shall make their defence at theire oune particcular charge, w^out any help by, or spending any part of, the publick stock of our sajd colony ; and that as well those that are not freemen as such as are willing to submitt to our pleas- ure shallbe discharged from all rates, levjes, and contributions towards the expence of the sajd suite, both in their persons and estates. And our further "W'^ was don pleasure is, that this our royall declaration be published within our sajd col- edon y»Ex- ony, that none may pretend ignorance hereof. Given vnder our signet and <=iiange. royall sign manuall, at our court at Whitehall, the 26"' day of July, 1683, in the fiue & thirtjeth yeare of our reigne. By his majestjes coinand, &<3. L. JENKINS. London, & was printed, &fi. The Court satte dje in p diem on the consideration of the weighty mat- 5 December, ters y' were presented before them. [*419.] Courts letter of *Know all men by these presents, that wee, the Gouerno' and Company =^'t"™«y *° •^ _ _ . Robert Hum- of the Massachusetts Bay in New England, in Amerrica, haue constituted, fteys, Esq-. 424 THE EECORDS OF THE COLONY OF 1683. and in our place and stead put, and by these presents doe constitute, and in our place and stead put, our well beloved fieind, Eobert Humfreys, Es^, of the Inner Temple of London, to be our true and lawfuU atturney for us, and in our names and stead to appeare, make answer, and defend for us, and in our names, to a certeine writt of venire facias, issued out of his maj'jes Court of Kings Bench at Westminster, beareing teste the 27"" of June last past, directed to the sherrife of London, and returnable tres Michis following, comanding the sajd Governo'', & Assistants, & seuerall of the ffreemen, by name, then to appeare before his maj'je where euer he should be in England, to answer to his maj'y by what warrant they clajmed to haue, vse, and enjoy diuers libertjes, priuiledges, and franchises within the citty of London and libertyes thereof, and in all places without the sajd citty, within his maj'jes kingdome of England, as also in many partes beyond the sees, out of the king- dome of England, whereof they stand impeacht ; and to doe, execute, per- forme, and finish for us, and in our names, all and singular thing & things which shall be expedient and necessary in, about, for, touching, or concerning the sajd writt, or any proceedings therevpon had or to be had, or any of them, as thoroughly and wholly as wee, the sajd GoQno"^ & Company, might or could doe in or about the same, being personally present. And whatsoeuer our sajd atturney shall doe or cause to be don in, about, or concerning the premisses, wee, the sajd Governo"^ and Company, doe and shall rattify, con- firme, and allow as fully and amply as if wee were present and did the same. In witness whereof, wee, the sajd Gouerno'' & Company, haue herevnto affixt our comon seale, this fifth day of December, jn the thirty fifth yeare of the reigne of our most gracious lord, King Charls the Second, annoq, Domini one thousand sixe hundred iind eighty three. EDWARD EAWSON, Secre?. In the name & by order of y'= GoQ & Compa of y" Massachusets. [*420.; *M"^ Humfreys : — The assurance that our agents haue at all times given us of your ability & faithfuUness hath made us to resolue to giue you the further trouble of an atturneyship in an vnhappy tryall of the quo warranto late issued out against us. Wee take not this course in law of chojce, but of meere necessity, to sane a defult & outlawry for the present. Vntill, if it be possible, wee can finde meanes, by an humble aplication, to sattisfy his majesty, be sure yow enter- teyne the best counsell possible, and gaine what time may be had, cunctando restituere rem, and that a better day may shine vpon us. 1 6 December. THE MASSACHUSETTS BAY IN NEW ENGLAND. 425 Assure yourself, s', wee shallbe sensible of the vnacceptable service wee 1683. doe hereby impose vpon yow ; therefore shall by no meanes be wanting to supply yoWj being confident yow will not put us to greater expence then is absolutely necessary ; and in advance towards your accompts, wee haue or- dered M' John lue to present w*'' fiuety pounds ; & are S"^, your friends & servants. EDWAED RAWSON, Secre?. In the name & by order of the GoOno"^ & Company of y^ Massachusets in New England. Boston, in New England, S*"* Decemfe, 1683. S': — As an addition to the letter of advice, it is thought necessary that there be a plea made to the jurisdiction of the Court. Whither a charter, & priuiledges granted thereby, being excercised in America, can be tryed in a Court in England ; or by what authority the sher- riffs of London serve a writt on persons who neuer were inhabitants there ; and particcular persons are only mentioned in the writt, whereas wee are to sue and to be sued by the name of the Gouerno' & Company ; also, the writt was not served on the persons concernd vntill the time of appearance was past, and not served on our agents in England, nor any coppy left w*'' them by the secondary. "Wee haue herewith sent the writt & notiffication from sajd secondary, which is all wee haue received, that yow may know if it be a legall sumons. The coppys of his maj'^^ declaration were not deliuered to vs by M' Ed- ward Randolph till November twenty first, and *so haue not had an oppertu- [*421.J nity to publish them to the inhabitants ; to all which may be added, that a representation be made how that his maj'^^ subjects, our predecessor's, trans- ported themselues hither, setled and defiended themselues heere at their oune costs & charge, many of them leaving large accornodations in England, for an vncertelne setlement in this wilderness, confidently relying on the security given them by our charter for the enjoyment of the priviledges therein conteyned. All which is, by like order, signed, as by letter of advice, S', by your freinds & servants. EDWARD RAWSON, Secre?. In y" name & by order, &6. Boston, in New England, S**" December, 1683. & was directed, — These for Robert Humpfreys, Es^, at his chamber in y" Kings Bench Buildings, in y^ Inner Temple, be dd in London. VOL. v. 54 420 THE EECORDS OF THE COLONY OP 16 83. This Court, being sencible of the great ruines in Boston by fire at sundry ' ' times, & hazards still of the same, by reason of the joyning & neareness of 5 Decenaber. Law as to buildings, for the prevention of damage & losse thereby for the future, doe building w" order & enact, that henceforth no dwelling house, warehouse, shop, barne, stone or brick . on poenalty of stable, or any other building, shallbe errected & set vp in Boston except of stone or bricke, and couered with slate or tyle, on pcenalty of forfeiting one hundred pounds in money to the vse of the sajd toune for euery house built otherwise, vnless by allowance & liberty obteyned from this Court, from time to time ; and the constables and grand jurymen of the sajd toune are to take care for the execution of this order, and present the breach thereof to the County Court of SufFolke, that persons transgressing maybe proceeded with accordingly ; and further, the selectmen of Boston are heereby impowred to heare and determine all controuersies relating to the boundarjes of the lands of Such persons whose houses haue binn burnt doune in the late fiers, liberty of appeales to the County Court being allowed to any person agreeved ; and the law, title New Buildings in Boston, made the 15* of October, 1679, is hereby repealed respecting buildings to be erected. [*422.] *It is ordered, that for the payment of our just debts, there be halfe a Order for addi- single country rate in mony added to the former two rates passed in October tion of halfe a i i n-i rate. last, and that the Iresurer issue out his warrants accordingly for the same forthwith. Ans' to Box- In answer to the petition of "W" Parkes, John Bowles, Joseph Griggs, urype i on. j^Ym Euggles, & Edward Morris, selectmen of Roxbury, & in their behalfe, dated October y" 10* & 17*, 1683, for a tract of land for a village, to be lajd out about Quateseck, to the quantity of seven miles square, the Court grants theire request, provided that the grants to Majo' Thompson, M' Stoughton, M"^ Dudley, & Company, haue the first choyce, they making their chojce before the tenth of June next, and prouided that thirty familjes be setled on sajd plantation within three yeares of that time, and mainteyne amongst them an able, orthodox, godly minster. 60" gr'ed toM' . jji_i-r^ im John Richards. It IS Ordered by this Court, that the Treasurer of the country pay vnto Ans' to M' ]y[r John Richards, on accompt of his service for the country in England. Whartons pe- . J & > ticon, coinitteo fiuety pounds in money out of the last rates. k/ou't'his 1000 I^ answer to the peticbn of M' Richard "Wharton, to the end the pe- ^"'- titioners former grant of one thousand acres of land granted to him maybe M'Sam.Sea- , /r n i • /-, ■waUcap'ofy" made ettectuall, this Court doth order, that Capt Edward Tyng, M' James comp^aT'The"' Andrews, M>^ George Peirson, Capt Bracket, & M' Silvanus Dauis, or any ophi. Frary three of them, lay out sajd land and make returne. leift*^*, Asaph Elijot ensigne. Vpon complaint of Leifteniit Prary, that their company is ynder much THE MASSACHUSETTS BAY IN NEW ENGLAND. 427 discouragement, by reason of the remooving of M' Sewall from them to 1683. coiuiind another company, & other inconveniencjes arising thereby, this Court ' '^ judge th it meete to recall that former order, & doe appoint M' Samuel Seawall captaine of that company belonging to Cap? John Hull, and M"^ Frary to remajne leifteniit of that company as formerly. M"^ Asaph EUjot is appointed by this Court to be ensigne of the south company in Boston. In answ^ to the petition of M"^ John GifFord, the Court judge it meet to Courts ans' to grant the peticoner a hearing of his case mentioned therein at the next Court fg^^g ^ to be held in the county of Essex, by way of releife, & to haue liberty to try the action in forma pauperis. *2. In answer to the petition of M'^ Judith Hull, & M' Samuel Seawall, [*423.] administratrix & administrator to the estate of the late John Hull, Esff), some ^^^I'f^t^ °"., ' ^ ' M" Hulls & M' times Tresurer, deceased, his estate craning this Courts favour to order a Sewaiis peti- , , , , con. comittee to perfect what is wanting as to the accounts betweene him & the country, it is ordered, that W™ Stoughton, Es^, & Joseph Dudley, Es^, w"* Cap? Elisha Hutchinson, Capt Richard Spague, & Leftennt W™ Johnson be a comittee to put an issue thereto, & present the same to the next Court of Election for confirmation, or sooner, if it may be. The petition was, & should haue binn first entred. 1. To the honored Generall Court, sitting in Boston, T*'' November, 1683, M™ Judith the petition of Judith Hull, & Samuel Seawall, administrators of the gam. sewalla estate of the late John Hull, Es^, sometime Treasurer, deceased, — peticon., Humbly sheweth, — That whilst the sajd M' Hull served the country in that office or imploy- ment as Treasurer for the warr, and Treasurer of the country, he did in the respective yeares from Septemb', 1678, to October, 1680, draw vp seuerall accompts of ballance, in order to the passing his accompts, but by reason of the other weighty aflTaires of y* country was deferred from Court to Court vntill the sajd accompt hath amounted to a very great sume, of w""" he could not obteyne a setlement in his lifetime. How faithfully he approoved himself, & ready to serve the country, both with his estate and in person, is well knoune to many, & laboured vnder the weight of this accompt w*'' his oune hand vntill weakness of body & y" bulke thereof necessitated him to take in Cap*" Daniel Henchman to his assistance, the accompt being of such a nature, & so vast, as could not be carried on but by keeping accompt of specjes, (there being about twelue thousand debenters, orders, & other accounts and papers filed,) and besides his oune pajnes, one of his relations and two of his appren- tices did labour much in this service, for all which he hath not charged one 428 THE RECORDS OF THE COLONY OF 1683. 5 December. [*424.J penny ; that lie was all along many hundred pounds out of his oune estate for the supply of the country, in their straights by danger at home, & occa- sions of agency in England, and did preserve their credit by his taking vp and engaging for considerable suines on their behalfe, besides his oune disburs- ments, to the lessning of his trade, as is apparent. *H6 hath given the country credit for all their rates, though much standing out to this day, and no elFectuall way for the gathering them in without trouble & charge. By his last accompt he had aboue seventeene hundred pounds due to him from the country, and charged but fower hundred twenty fine pounds fiueteen shil- lings & fower pence interest for his oune disbursts and long forbearance, w'''', if it had binn many hundreds more, would not haue compensated his damage. What he hath recejved of M'^ Russell, w*^'^ went to pay debts, there being great sumes owing by the country, is in an accompt supplementall to the last herewith presented, and therein incerted what erro'^s haue binn found by those gentlemen appointed to examine the same, as also by Capt Henchman, there being as well vnder as ouercharged, some acco's misplaced, & some debts to per- sons, w* are found not payable by the country but the county of York. There is also an additionall accompt drawing vp of what receipts and payments haue been since the accompt given in, which will shortly be made vp. The premisses considered, your petitioners humbly pray that this honno'^d Court would please to order the passing the sajd accompts, that a transaction of so great a sume as fiuety two thousand fiue hundred pounds may not be vnsetled, & to take effectuall care for payment of the ballance. And, as in duty bound, shall pray, &d, SAMUEL SEAWALL. Comittees re- turne. 3. The petition of Judith Hull & Samuel Seawall, administrato'"s of y° estate of y* late Jn° Hull, Escp, w*"" y° accounts annexed, (w"'' are on file,) were deliuered to the comittee, who, after their pervsall, made their returne on the ffoot of sajd accompts, & were by them signed, & deliuered into y* Court, & was, — Wee, vnder written, a comittee of the Generall Court for the inspection and issue of the late Capt" Hulls accoumpts, doe finds by the ballance aboue that there is fiue hundred forty fiue pounds three shillings ten pence halfe penny due from the country to the said Capt" Hull, whereof fower hundred was taken vp of Capt" John Phillips, of Charls Toune, at interest, and is still [*425.] ^ue *vnto him. For a finall issue of sajd account, w* the consent of the admin- istrators of the sajd Capt" Hull, wee doe propound that the Court forthuith THE MASSACHUSETTS BAY IN NEW ENGLAND. 429 order the payment of sajd fower hundred pounds to Capt" Phillips, with the 1683. interest, & pay to the sajd administrators fifty pounds money in full, and that " ' ' the administrators be finally hereby discharged from the sajd accounts. November 27, 1683. Signed, WILLJAM STOUGHTON, JOSEPH DUDLEY, RICHARD SPRAGUE, ELISHA HUTCHINSON, WILLJAM JOHNSON. The Court approoves of this returne of y" coinittee. Courts appro- bation. As attests EDWARD RAWSON, Seer*. 5^ Warrants issued out by order of y^ Court to sumon & giue notice to M"" Courts judg- Zerubbabel Endicot of the Gennerall Courts appointment for the hearing of ^j^ j^urse M' the case lately tryed at Salem Court & Court of Assistants, betweene him & ^^i""' * ^^' •' ■' Endecotts Francis Nurse, w* the Court in October last ordered it to be heard at y^ Court, case, 24 No- ,.-.,-, ./^ofi 1 11. vember, 1683. in ans^ to his & M' Aliens peticon, & y' he appeares and attend his concernes at the time accordingly. Y* sufiions was served, & returne made j" same day, that M^ Endicot was sick in bed, & y' on oath ; Francis Nurse tendered his oath, y' M^ Endecot affirmed, that were he well & his atturney at home, he would not haue appeared. On the Courts hearing of w' was returnd & sajd, the case proceeded, and after the whole case & all the euidences were heard & considered of, did judge that the Ijnes runne and returned by the last comittee 28 November, of this Court, vnder their hands, dated November the IS"", 1681, to be the bounds of M' Aliens farme in controuersy, according to the former judgment of this Court. *This Court, hauing appointed a hearing of the case betweene M' Zerub- This should babell Endecot & M' James Allen, w'''^ the more publicke & momentous occa- entred'"" sions haue obstructed, doe appoint Wednesday the SS"* of this moneth, at one of the clocke, for hearing & finall determination of the same, and the partjes concerned are ordered to haue notice, & appeare accordingly, & execution of former judgment in the meane time is hereby respitted. In answer to the peticon of James Russell, Es^, Tresurer, humbly Ans' to James desiring that as he hath given into this Court formerly his late honnored Tre^his ino-' ffathers acco*', y" late Richard Russell, Es^, his acco'^ to value of eighteen *'""' *S- thousand pounds at least, & hauing served the country in that office since, & given in his accounts to the honnored coinittee of this Court, to value of aboue fiueteene thousand pounds, that he hath payd and received for this countrey. 430 THE RECORDS OF THE COLONY OF 1683. 5 December. [*426.] considering the many changes that haue hapned, &d, his humble *req^uest to this Court is, that the comlttee that pervsed his accompts may be impowred to giue him a dischardge in the behalfe of his honnoured father & himself, till the ffoote of his last accompt, the Court judgeth it meet to grant his request, & orders that the scale of the country be aifixed to the discharge in this case, as also to that of M''^ Judith Hull & M'^ Samuel Seawalls case. In ans' to the petition of M"^ Jonathan Tyng, the Court judgeth it „ to grant the island in Merrimacke Eiuer called Weikeset to him, the petic6ner, in full of all accounts, provided the sajd island belong to no other person. English or Indean, by any former title. 1683-4. 13 February. [*427.] *^tt a Gennerall Court, held at Boston, on adjournment, 23"' February, 1683. Present, Symon Bradstreet, Es^, GoQ, Thomas Danforth, Es^*, Dep* Go, Daniel Gookin, W" Stoughton, 16, Joseph Dudley, 16, Peter Bulkley, Humphry Davy, Jn° Richards, ■ Esffis. James Russell, Sam Nowell, Bartho Gedney, Samuel Apleton, Robert Pyke, Courts letter M' Rob' Hum- freys. to QR: By M' Boylston, ■who sajled bene in December last, wee wrote to yow, & sent to yow a letter of atturney, impowring you to appeare for vs in West- minster Hall, & to answer what shall be lajd to our charge in the prosecution had vpon the quo warranto issued against vs. Duplicates wee herewith trans- mitt vnto yow, least any miscarriage should happen. Your long acquaintance with the afFajres of this colony, by the papers in your hands, & otherwayes, did then, and still doth excuse vs from giving yow the trouble of long infor- mations & instructions in this matter ; & the encouragement wee had vpon the THE MASSACHUSETTS BAY IN NEW ENGLAND. 431 experience of your prudence & diligence to expose such a trust in yow does 168 3-4. giue us assurance that yow will leaue no stone ynturn'd that may be for the '' • 1 • 1 ■ 1 <• • 1 ■ 1 ^^ February. service, either in the case itselfe or the spining out the tune as much as possibly may be. Wee haue no new thing to acquaint yow with, hauing come to no other resolues amongst ourselues then before. Wee shall not faile to lett yow heare from us by euery opportunity, and desire that you will omit none in giving us advice how our case stands. Wee haue only to add, that wee hauing taken further order for your supply w"' M' Jn° lues, mer- chant, in London, not doubting but yow will obserserve our direction in that point, to make the suite as litle chargeable to us as maybe. Coinitting yow & our concernes w"' yow in the mannagement & issue thereof to the soueraign Disposer of all humajne affajres, wee remajne, s', Your freinds & servants. EDWARD EAWSON, Secret. In the name & by order of the GoQno' & Comp of the Massachussets in New England. *In answer to the petition of John Vyall, humbly desiring this Courts [*428.J favour to grant him liberty to build his brew house w'^ timber vpon his Ans'toJn» Vyalls peti- wharfe next the sea, for the grounds & reasons mentioned in his peticon, the tion. Court grants his request, provided it be couered w"" slate or tyle. It is ordered, that Majo'' Saltonstall, w* the deputy of Newbery, take Newbery com- care forthwith to make divission of the souldjers of Newbery into two com- ^nei. panyes, in as aequall a manner as they can, and that Cap? Peirce & his comission officers shall haue the first choyce. In ans'^ to the petition of Jarvis Ballard, humbly desiring the favo' of An?' to Jeivis this Court to grant him liberty to errect his addition to his house of tymber, tion. for y'= reasons therein rendered, the Court grants his request, prouided it be couered w"" tjle or slate. In ans'^ to the petition of Martha Dady, execcutrix to the last will of hir Ans' to Martha late husband, the Court judges it meet to referr the consideration & deter- mination of what is necessary to be donne therein to the County Court in Midlesex. In ans'' to the peticon of John White, humbly desiring the favour of this Ans' to jn» Court to grant him liberty to errect his frame ouer his sellar at y* north end jon, of Boston, being agreed for long before y° late law, the Court grants his re- quest, prouided it be couered w*'' tyle or slate. In ans' to the petition of M' Sampson Sheafe, humbly desiring the favour ^^^' *° ^' Sheafs peti- of this Court to grant him the liberty to errect a tjmber building ouer a cellar tion. 432 THE RECOKDS OP THE COLONY OF 1 G 8 3-4. of his, long since fitt for such an end, at the south end of the Comon, relating '" ^^ ' to a sugar worke intended for refining of sugar, &6, the Court grants his 13 February. request. Officers to The Court, considering that the troope helonging to Newbery & Rowley lertroope °^" ^^ ^°'' ^^^ compleated with comission officers, doe therefore appoint M"^ Rich- ard Dumer captaine, Thomas Lambert left, & Henry Short cornet of id troope. James Hill This Court haue chosen & doe appoint James Hill captaine, Jonathan Brid^-'ief' Jo- Bridgham leftennt, & Joseph Bridgam ensigne of the ffoote company late seph Bridg" Ynder the coiiiand of Capt° John Walley. r*4og ■] *It is ordered, that the country Treasurer, by the next ship, procure one 103" to be hundred pounds sterling, which shall be put into M"^ John lues his hands, in toM^ji»i™ London, for the service of this colony. forycountrys jn answer to the petition of the inhabitants of Wenthams, the Court service. Ans' to Wren- judgeth it meet to grant this petition, i. e., that Leftennt Thomas Thirston be thams peticon, added to the comittee in the roome of y^ late Capt Fisher. Lef Thirston •' -^ added to y« That, for incouragement to build in Boston w''' bricke & stone, according . ,j ,-• \ to a law made the last session, as an addition to the said law, it is ordered & Audition to y" ' j > law as to brick enacted, that whosoeuer shall so build shall haue liberty to sett halfe his parti- building in , , , Boston. tion wall m his neyghbours ground, leaving jages in the corners of such walls for the neighbours to adjoyne their building to ; and that, when the same shall be built vnto, the neighbours adjoyning shall pay halfe the wall so farr as he shall adjoyne ; and in case of difference, that the selectmen haue power to appoint persons to make valluation, or lay out the Ijnes between such neighbours. Ans' to W" & In answer to the petition of Willjam Hawkins & Hannah, his wife, the ^ anna aw- Qq^.j ^Qg appoint the 14"" of May next, at nine of the clocke in the morning, for a hearing of the case betwene them & Robert Burnap & his son Thomas, of Redding, & that the secretary give timely notice to all persons concerned then to appeare to attend the issue. Ans' to M' In ans'' to the peticon of M' James Whetcombe & M"" Richard Wharton, Whitcomb *^® Court judgeth it meet to referr the consideration of the matter conteyned pet. relating to in their peticbn to the County Court in Boston, who are hereby impowred to Smiths estate. . n ci • send for Michaell Smith, adminstrato' to y" estate of the late Jn" Smith & Sarah, ^ wife, & the peticoners, and on hearing of them, to determine what they judge just & necessary, either to order the sajd Michaell Smith to giue in sufficient security for the payment of the sajd fiiiety pounds to the child of [*430.] the sajd JohnWilmot, or *otherwise sequester so much of the estate of the late THE MASSACHUSETTS BAY IN NEW ENGLAND. 433 John & Sarah Smith, in his the sajd Michaell Smith, administrators, hands, 168 3-4. for that end, or otherwise, as they shall see fitt. ^ ^ T • n -^T -r 1 -r Ttf • 1 <•! 1 ^^ February. In ans' to the peticon of M"" John Joyliiie, m the name oi the selectmen ^^^^ ^^ Boston of Boston, it is ordered, that the selectmen shall haue power to abate the rates seiectmens pe- ticon, 201. of such persons that haue lately suffered by fyer, & disabled to pay their rate, not exceeding twenty fine pounds. In ans'^ to the petition of M"^ John Gifford, the keeper of the prison is Ans' to M' ■ ,jTi . ,..,..,. « John Giffords permitted to let the prisoner to goe to psecute his action, he giving him sur- petiSon. ficjent securitje to returne to him & submitt himself a prisoner at the end of the next County Court to be held in Essex, or to sattisfy the execution & charges arising thereon, or abide a prisoner at Essex prison, to w"^"^ he was first coraitted on the execution by w°'^ he is a prisoner. *By the Goilno' & Company of the Massachusetts Bay in New England. [*431.] 16 March. To all to whom these presents shall come and may concerne, greeting : y/*^ ^\ Know yee, that whereas, in answer to the Courts dis- / \ . chardge to M' I The Seals, j peticon of M'^ Judith Hull, and M' Samuell huU, M' Sew Seawall, & Hannah his wife, adminstrato's of the aU& his wife ' ' as to Jn» HuU, estate of John Hull, Esffi, late of Boston, deceased. Esq', late SYMON BRADSTREET, Gou. ' U' Treasurer, his sometime Treasurer for the Indean warr, and also transactions. Treasurer for this colony, exhibbited vnto the Generall Court sitting at "' Boston the seventh of November, ulto, praying that the accompts of the sajd John Hull, Es^, relating to his transactions in the execution of those offices and trusts might be passed and setled, the sajd Court was pleased to nominate and appoint the wofpf" "W™ Stoughton, and Joseph Dudley, Es^s, Capt Eichard Sprague, Capl Elisha Hutchinson, and Leift"' "Willjam Johnson a committee to inspect and issue the sajd accompts, & report the same vnto the Court, which sajd gentlemen, in pursuance of the sajd order, vpon perusall of the accompts, returned, they found the ballance due from the country to sd M' Hull to be fine hundred forty fine pounds three shilling ten pence halfe penny, whereof fewer hundred pounds was taken vp of Captaine John Phil- lips, of Charls Toune, at interest, and is still due to him ; and for a fynall issue of id accompts, (w*"^ y" consent of the above named adminstrato's,) did propound that the Court forthw*"" order the payment of id fower hundred pounds to Capt" Phillips, with the interest, and to pay to sajd adminstrato'"s fiuety pounds money, in ffuU, and that the adminstrato's be finally dischardged from id accompts. The Court, hauing approoved of the returne of id VOL. V. 55 434 THE RECOEDS OP THE COLONY OF 168 3-4. committee, and the payment of id money being ordered, now, for the full ' '^ "^ compleating and perfecting of what remayneth farther to be donn, according to the committees returne, the sajd Gouerno' & Company doe, by these pres- ents, fully and absolutely remise, release, discharge, and for euer quitt clajme [*432.] vnto the sd Judith Hull, Samuel Sewall, *and Hannah his wife, adminstrato's of the estate of the aboue named John Hull, Es^, sometime Treasurer for the warr, and also Treasurer for this colony, them, and each of them, theire & euery of theire heires, execcuto's, and adminstrato's, of and from all debts, suine and sumes of money, reckonings, accompts, receipts, payments, and dis- bursments had, made, owing, kept, receiued, pajd, lajd out, expended, or in any kinde transacted by the sajd Hull, any wajes relating vnto the execution of his id treasure shippe, so farr as concernes the sajd Gouerno'^ & Company, and of and from all actions, suits, judgments, executions, clajmes, «&: demands whatsoeuer, to be had, coinenced, presented, obteyned, or recouered from or against the estate left by sajd Hull, or the administrato'"s thereof aboue named, by the id Gouerno'^ & Company, for or by reason of any matter, cause, or thing whatsoeuer, from the begining of the world to the day of the date here- of, touching or concerning the same. In testimony whereof, wee haue caused our publicke seale to be herevnto affixed. Dated in Boston, this tenth day of March, 1683. Anoq, regni Regis Carolj Secundj, tricessimo sexto, xxxvj". By the Court. EDWAED EAWSON, Secre?. This acquittanc & discharge of the Gouerno'^ & Company of the Massa- chusetts Bay in New England to M" Judith Hull, & Samuel Sewall, & Han- nah his wife, their heires, execcuto^'s, & administrato'^s, &6, stands here thus entred & recorded in the Generall Courts booke of records, from the sixteenth day of March aboue sajd, 1683, at their requests. As attests. EDWAED EAWSON, Secre?. 29 AprU. [*433.] 1684. *By the Governo"" & Company of the Massachusetts in New England. To all to whom these presents shall come and may concerne, greeting : Know y", that, whereas, in answer to the peti- tion of James Eussell, present Treasurer for the aboue named colony, and execcutor to his honnored ffather, Eichard Eussell, Esq>, formerly Treasurer, exhibbited vnto the Generall Court, sitting in Boston SYMON BRADSTREET, Goanor. ^, ^i <■ tvt it. • , , ;r • the seventh oi JN ovember last, praying that Majo' John Eichards & Samuel Nowell, Es^, with M"^ Elisha Cooke, Left" W" THE MASSACHUSETTS BAY IN NEW ENGLAND. 435 29 April. Johnson, Capt° Elisha Hutchinson, and Capt Richard Sprague, who were ap- 1684. pointed by the aforesajd Generll Court, sitting at Boston in October last, to ex- amine the sajd Treasur^ accompts, and make returne thereof to the next sessions of the sajd Court, (which was accordingly effected by them,) might be impowred and authorised to give him a ffuU dischardge in the behalfe of his foresajd father, who was formerly Treasurer for many yeares, whose accompts depending betwixt him and this colony haue binn setled by his execcuto'^s, with a coinittee appointed by the Generall Court for that affayre, long since ; also, for the sajd James Russells oune transactions as Treasurer, till the ffoote of his last accompt, dated the 23"" of November last, then examined and setled with the abouesajd coinittee, which rec[uests, as abouesajd, were accord- ingly granted by the honno'^d Generall Court, that the aforsd parties should give him a discharge as aforesajd, and that the seale of this colony should be affixed to the same ; in compliance wherewith, we, the abouesajd comittee, by virtue of the power derived to us from the Generall Court, as by their order of seventh of November last, finding the sajd James Eussells accompts ad- justed and ballanced till the time abouesajd, *wee doe, by these presents, fully [*434.1 and absolutely remise, release, and foreuer acquitt and discharge the aforesajd Richard Russell, formerly Treasurer of this colony, his heires, execcuto''s, & administrato'^s, from all rates, fines, debts, reckonings, accompts, receipts, and other transactions referring to this colony ; and the aforesajd Richard Russell, as Treasurer thereof, and also his son, James Russell, the present Treasurer, who was chosen in the yeare sixteene hundred and eighty, and has since served in that place or trust, whose accompts for three yeares past haue binn examined and adjusted with ourselues and others appointed by the aforesajd Court for that seruice, wee doe, therefore, likewise, by virtue of the aforesajd power derived to vs in the behalfe of the Gouerno'^ & Company of this colony, release, acquitt, and discharge the sajd James Russell, the present Treasurer, his heires, execcuto's, and administrato'^s, of and from all rates, fines, imposts, receipts, debts, recconings, and accompts whatsoeuer transacted by the sajd Russell for this colony since he was Treasurer for the same, till the fibot of his last accompt, dated as aforesajd, and now reuised by vs, the subscribers heereof, as also from all other transactions relating to the sajd office, and from all actions, suites, judgments, executions, clajmes, & demands whatsoeuer, to be had, comenced, prosecuted, obteyned, or recouered from or against him or his aforenamed fiather by the sajd Gouerno' and Company, for or by reason of any cause, matter, or thing whatsoeuer, from the begining of the world to the day of the date hereof, touching or concerning the same. In testimony whereof, wee, the aboue named persons, appointed as a coinittee for this 436 THE EECOKDS OF THE COLONY OF 29 April. [*435.] 168 4. buisnes, haue herevnto sett our hands. Dated in Charls Toune, the twenty ■ •< ^ fifth day of Aprill, 1684. *Annoc|, regni E.egis Carrolj Secundj xxxri. Signed by JOHN EICHARDS, SAMUEL NOWELL, ELISHA COOKE, WILLJAM JOHNSON, ELISHA HUTCHINSON, EICHARD SPEAGUE. This acquittance and dischardge of the GoQno'' and Company of the Massachusets Bay in New England to James Eussell, Es^, Tresurer, in be- half of his father, the late Kichard Russell, Es^, & himself, & theire heirs, &(3, stands thus entred & recorded in the Generall Courts booke of records, at request of the sajd James Eussell, from the 29*'' of Aprill, 1684. As attests EDWAED EAWSON, Secre?. [*436.] *M a Generall Court for Elections, held at Boston, the 7'* of May, 7 May. 26S4. SYMON BEADSTEEET, Esfi, was chosen Goano' for y« yeare ensuing, & tooke his oath. Thomas Danforth, Es^*, was chosen Dep* GoQn'", and tooke his oath. Daniel Gookin, Esq", was chosen an Assistant for y* yeare ensuing, & took his oath, & Majo'^ Genn". John Pynchon, Esq*, was chosen an Assistant also, & tooke his oath. Willjam Stoughton, Esq>, was chosen an Assistant & 2^ Comission'. Peter Bulkley, Esq>, was chosen an Assistant & 1*' Comission) ^ reserv. Nathaniel Saltonstall, Esq), was chosen an Assistant, & tooke bis oath ; Joseph Dudley, Esq), 2 Comiss in rese. Humphry Davy, Esq>, was chosen an Assistant, & tooke his oath. John Eichards, Esq>, was chosen an Assistant, & tooke his oath. Samuell Nowel, Esq), was chosen an Assistant, & tooke his oath, & 1*' Coinission^ James Eussell, Esq>, was chosen an Assistant, & tooke his oath, & Tres- urer, & tooke y* oath. THE MASSACHUSETTS BAY IN NEW ENGLAND. 437 Peter Tilton, Es^, was chosen an Assistant, & tooke his oath. Samuel Apleton, Es^, was chosen an Assistant, & tooke his oath. Robert Pyke, Es^, was chosen an Assistant, & tooke his oath. John Woodbridge, Es^, was chosen an Assistant, & tooke his oath. EHsha Cooke, Es^, was chosen an Assistant, & tooke his oath. W'^ Johnson, Es^, was chosen an Assistant, & tooke his oath. John Hawthorn, Es^, was chosen an Assistant, & tooke his oath. Elisha Hutchinson, Es^, was chosen an Assistant, & tooke his oath. Samuel Sewall, Es^, was chosen an Assistant, & tooke his oath. Edward Rawson was chosen Secretary, & tooke his oath. The names of the deputjes for y® seueraU tounes returnd to serve, &d, were, — Salem : M' Henry Bartholmew, 1 s. Chai-ls To : M' John Phillips. Dorch : M' W"^ Sumner. Boston : M' Antho Stoddard, M' John Eairweather, M' John Saffyn. Roxbury : M' Edward Morrice. "Water T. : M"' Symon Stone. Cam* : M'' Edw* Winship, 1 s. Lyn : M"' OUiuer Purchase. Ips : Capt Daniel Epps, Leiu? Tho Bumam. Newt : M"^ Rich* Bartlet. Weym : M' Jacob Nash, 1 s. Hingh : Capt Jn" Smith, Concord : M'^ Edw* Oakes. Dedha : Lef ? Nath Sternes. M"" John Haynes, Sudbury, 1 s. Hauerill : M"^ Rob* Swann. GJocester : M' James Steevens. Braintry : M"^ Samuel Thompson, 1 s. Wooborne : M"^ James Convers. Maulden : Cap? John Wayte. Topsfeild : M"^ Thomas Baker. Beverly : M' Excercise Conant. Northampton : M' Medad Pomery. Hadley : Lef ? Phillip Smith, 1 s. Springfeild : M' Samuel Marshfeild, 1 i. Redding : M' Hannaniah Parker. 438 THE RECORDS OP THE COLONY OF 168 4. Cap? John Wayt was chosen Speaker. ' ' "" Cap? W™ Torrey was chosen Clerk. 7 May. [*437.] *It is ordered by this Court & the authority thereof, that the lawes, title Imposts & im- Imposts, & Impost on "Wine & Strong Licquo^ with the explanations and posts on wine • • o ^^ r r i, & strong li- additions made also therevnto, shall be and remajne in full force from the quors in force. ^^^^ ^^ j^^^ ^^^^ ensuing, vntiU the tenth day of June which will be in the yeare 1685. Fylth in streets There being complaint made of great inconvenience by reason of filth on p"naltv."^ ^^^ ^^"^^ '^^^^ '^^^^ *^^ streets of Boston & other tounes, and of the neglect of butchers to cleanse their slaughter houses and yards of blood and other filth, altho such houses and yards are sclttuate neare streets and lanes much fre- quented, this Court doth order & enact, that all persons so ofiending shall forfeite twenty shillings to the vse of the toune, except such annoyance be re- mooved within twelue howers after complaint. Notarys seale. "Whither it be not expedient for the Generall Court to appoint a seale for the public notary of this colony, that so writtings signed and past by him may finde the more creditt in foreigne parts. In answer to this quaerie, the Court thinks it fitt to appoint, that a buck, with this circumscription on, Sigil: Notar: Pub: Massachusets, be the seale for the office of the notary publicke, and doe accordingly order the engraveing the same in siluer at the country^ charge. Courts resolue Whither executions vpon judgments ought not to be issued forth accord- *' d ^&^f ""^t ^'^S *° *^^ forme of process vpon which sajd judgments are founded, viz., person affirma- against the goods, & for want thereof, the person, &(3. The Court resolues tiye. this question in the affirmative as to personall debts. Norfolke In answer to the petition of Majo^ Robert Pyke, it is ordered by this oope. Court, that Majo"^ Pike is allowed to lyst so many men for troopers out of the three fibote companjes of Hauerhill, Salisbury, & Amesbury, in proportion to the number of the sajd company e, so as to make his troope forty eigh men, besides officers, prouided this troope be vnder the comand of Majo'" Robert Pyke for their captaine ; and Majo'^ Pike is ordered to present to the next [*438.] session of this Court the names of the other comission officers *to compleat the sajd troope ; and inlysting the sajd addition out of the ffoote companjes, this Court doth dispence with qualliffications of the persons in pointe of state paying to the country rate, provided they be otherwise qualified w*'' ability of Ben'a Gerrish ^^'^Y' '^'^^ sufficient horse & armes. collector of the It jg ordered, that Benjamin Gerrish be the officer for Salem and the ports powd' mony, _ &c. annexed, in stead of the late M'^ Hilljard "Veren, to demand and receive the Y ' 7 May. THE MASSACHUSETTS BAY IN NEW ENGLAND. 439 powder mony of all masters of shipps and other vessells, according to their 168 4. respective burdens, the sajd Gerrish giving an account to the survey o"^ generall yearely or oftner, as the law directs. It is ordered, that Nathaniel Clarke be the navall officer for Newbery and Nath. Clarke CI 1 . 1 , officers to y" Salisbury ports. ports of New- bery & Salis- bury. S': — "Wee hauing had no aduice from you by the shipps lately arriued, that 10 May. our letters to you & letter of atturney, being sent by John Balston, are come S^^'^'l^g*^'^ *" to your hands, wee haue therefore sent coppies of all ouer againe, and haue ^eys, Esq', lO" also sent by this ship one hundred pounds more, intending such further sup- pljes that yow may not want what will be necessary. Wee hope you will use your endeavour to spinn out the case to the vttermost. We question not but the council which you reteyne will consult my lord Cooke his fowerth part about the Isle of Man, & of Guernsey, Jersey, and Gascoine, while in the possession of the kings of England, where it is concluded by the judges, that these, being extra regnum, cannot be adjudged at the Kings Bench, nor can appeale ly from them, &6. Also, if there be such a thing as an appeale from a judgement in the Kings Bench, by a writt of erro'^ to the Exchecquer Chamber, we hope yow will endeavour for us, that whatsoeuer benefit the law afibords, we may, by due & meet aplications, be pertaker of the same, w"*" is all the needful! at present. So, wishing you good successe, we rest Your assured 13 freinds. EDWAED EAWSON, Secre?. In the name & by order of the GoQ & Compa of y'' Massachusets Bay. *To the Kings most excellent Maj'J''^ [*439.] 17 May. Generall The humble petition & addresse of the Generall Assembly of the Massachu- sets Colony in New England, in behalfe of themselves & the ffreemen of Courts address & peticon to his sajd colony. maj"?, to be sent by 1'^ May it please yo' maj'J% — shipe, &c. As it was the vnfeigned desire of our fathers that brought vs ouer into this wilderness, & more especially of those that from time to tjme haue had the gouernment of us, to approove themselues loyall and obedient subjects to your maj"% in like manner, we, their children & successors, shall euer more endeavour the same ; and hauing seriously considered the contents of your 440 THE KECOKDS OP THE COLONY OF 17 May. 1 G 8 4. maj*J«5 declaration referring to the q^uo warranto sufnoning by name some of us to appeare before your maj'J^, — Wee prostrate ourselues at your maj'^^' royall feete, and humbly begg your jjiajtjes i-oyall favour not to charge it vpon vs as proceeding from any disloyall in- clinations, or the peruersness of our minds, that wee cannot make such full sub- mission and entire resignation to your maj"'^ pleasure as in your maj*J^^ declaration is intimated ; and that we account it our great vnhappiness not to be made acquainted with your royall pleasure before our obedjence therevnto be required. We are your maj'J'^^ poore subjects, the children & ofspring of those that, vnder the security of the charter granted by your royall father, left all that was deare to them in your maj'J^' three kingdomes, not for the sake of outward aduantages, but that they might not be offender's against either church or state in those things the enjoyment whereof they put farr greater value vpon then theire private interests & proprietjes ; and seeing we are not capable of returning to the enjoyment of what our fathers willingly forsooke, wee doe therefore most humbly intreat that wherein they who were the first planters of this your maj'jes colony, and are now generally deceased, haue vnwillingly trespassed against your maj'jes prerogative or charter to them granted, that your maj'^' will not now impute it to vs, who, in all sincerity, shall endeavo'^ your maj'jes satisfaction, as in duty bound ; and may wee still enjoy the favour of hauing our errors assigned. Wee doubt not but that our r*440.1 readiness in reforming may prevent your maj'jes *proceeding in a way so con- trary to your most gracious inclj nation, from which, in the midst of all our dispondencjes, we take encouragmt humbly to supplicat that there may not be a farther prosecution had vpon the quo warranto ; it being very greivous to us to thinke of majnteyning any controuersy uith your maj'je, as more fearing any occasion of loosing your royall favour then the censure of the law. We hope it will no less tend to your maj'jes honour to be preuailed vpon by your oune innate clemency, then by the sense of our misdeeds ; and beleiue that in times to come it will be no regret of minde to your maj'je, that your distressed New English subjects haue been releived by your soueraigne grace. And wee, your maj'jes most loyall subjects, as in duty bound, shall euer pray, &fi. S-^: — Courts letter 17 We, being desirous by all wayes or meanes that we can thinke of Humfieys, ^^ expresse our vnwillingnes to proceed in a course of law with his maj'^, if •^^i'- it be not too late, haue agreed vpon this addresse inclosed, according to former intimations to yourself, that wee would make an humble application to his THE MASSACHUSETTS BAY IN NEW ENGLAND. 44]. 17 May. maj'y, if it miglit be^ to prevent a judgment against us, who, from no principle 1684. of disobedience or pragmattik humo', haue made that hard & vnpleasant chojce, w* wee haue formerly acquainted yow with, desiring your assistance in the mannagement of a suite at law with his maj'y. Nothing but meere conscience of our duty to God & our posterity hauing binn the sole motive to us in this action, yet wee haue that confidence in your prudence and faithfuUness, that if, by consulting our judicious freinds, and such council as yow shall make vse of on our behalfe, yow shall judge the presenting of this addresse in our names be more likely to irritate or provoke his maj'^", and so to disadvantage us, wee desire yow to forbeare the presenting of it at this time, vntill yow shall see a more convenient season, or wholly to suppress it, if yow should judge that best. *Wee hereby ayming to express our vnfeigned desires to [*441.] submitt ourselues to his maj'jes royall pleasure concerning us, only humbly praying his maj'jes favour to be extended towards us for the continuation of the libertjes and priuUedges to us granted by his maj*jes royall charter, wee desire your assistance in the presenting of it. Wee haue herewith sent yow a coppy of that letter w"^*" we sent by Dauid Edwards, for feare of miscarriage. So, wishing yow success in your & our affajres, wee rest Your assured lo freinds. EDWARD RAWSON, Secret. In y° name & by ord"^ of y° GoQ & Compa of y^ Massachusets Bay. Bosto, 17 May, 1684. This Court, taking notice of the great paynes & labour of the ReQend M' Hales ser- M"^ John Hale in his sermon vpon the last election day, doe hereby order j^^gj^ Samuell Nowell, Es^), M'^ Henry Bartholmew, Capt Daniel Epps, & M' Excercise Connant to give M'^ Hale the thanks of this Court for his great pajnes, and that, as a further testimony of their acceptance thereof, doe in the Courts name desire a coppy of him, that may be fitted for the presse, and to take efiectuall care that the same be printed at the publick charge. ^^^^ ^^^ ^^^ It was voted by the whole Court mett together, that it be left w* the M' Humphrys . in case. council to supply M"^ Humfreys w"" more mony, if they see cause. Comittee ab' It is ordered, that John Richards, Samuel Nowell, & James Russell, "'^^"^''J''^- Comittee for y' Es^s, are chosen & appointed a comittee to make agreement w"' the tauerners Tresurers ac- & ordinary keep's of this colony. iZd Chebis- Jn° Richards, Elisha Cooke, Es^s, with Captaine John Wayte, M' John codego in Cas- , , . ^ CO Bay gr'ed to Eaireweather, and M' Edward Mornce, are appomted a comittee to take y= rjho. Danforth country Treasurers accounts by October Court, if they cann. Now^rEs - This Court doth grant vnto the honnoured Dep*y Gouerno"^, Thomas Dan- &c. VOL. V. 56 17 May. 442 THE RECORDS OF THE COLONY OF 1684. forth, Es5>, prEesident of the Province of Majne, & to Samuel Nowell, Es^i, for their great paynes & good service donn by order of this Court in the expedition & seuerall journeys to Casco, for vi^hich no recompense hath binn made them, an island called Chebiscodego, in Casco Bay, in the Province of Meyne, provided they take the sajd island in full sattisfaction for all service donn, referring to the setlement of the Prouince of Meyne to this day. [*442.] *In answer to the petition of John Comer, Edward Pratt, W" Mum- 14 May, 84. foj.^^ joj^n Pittman, Georg Dauson, Joshua Hues, John Jackson, & W™ Har- Dawslnr&r ^'^^°^> ^^' ^^^ ^°^^^ knowes not of any land that Wampas, Indean, had any peticon, as to ^^.^g ^^ legall right vuto, he being no sachem, but a coinon person ; if the Wampus land, &c. persons cann finde any land that was his, & w*held from them, the law is open where they may obteyne their right, if they cann make any such appeare. Ans' to w» In ans'' to the petition of Willjam Puller & Ruth, his wife, the Court, con ^"^^ ^^''' hauing read & pervsed y annext, sajd to be a coppy of the will of the deceased John Peirce, doe not see any cause to act anything touching the same, but leaue the petitioner to the power therein granted in the sajd will for the disposing of the land therein mentioned. Ans' to Sam" In answer to the petition of Sam'' Wakefeild, humbly desiring the t'f ^' ^ favour of this Court to set vp a wooden frame, the Court sees no reason to peticon. • '■ ' grant his request. Ans' to Tho. In answer to the petition of Thomas Richardson, humbly desiring the ^t'c^ ^IT Courts favour to grant him a smale parcell of wast land w* lyeth nere y" acres gr'* him. land that the late Jn° Euered alias Webb purchased, the Court grants the peticSners request, the land petitioned for being next to his oune, so it be free from former grants, & that it exceed not sixty acres. Ans' to Sarah In ans"^ to the petition of Sarah Stephens, of Mendon, widdow, the Court con' ^°^ ^^ ' judgeth it meet to order the one halfe of the land to the widdow to injoy to hir & hir heires, &6, and dispose of the other half of the land to be to hir children by Joseph Stephens, as they come to age, part & part like, the bring- ing vp the children, with the improvem' of the land. Manasses Manasses Marston is appointed cornet to Salem troope. of Sale, troope. ^^ ^^®' *° ^^^ petition of John Joyliffe, Edward Willis, & seuerall other John Whites inhabitants of Boston, the Generall Court, in February last being petitioned to, prohibition to • • r • i i i i ■ t i tt build, &c. on mismtormation had granted licence to John White, joyner, to build a tim- ber house, &6, but afterwards, y" council being more fully informed of the great prejudice if such a building should be errected to the neighbourhood, & hazard to the toune, did phibit the sajd Whjtes procedure therein till this Court should take further order. This Court judgeth it meet to order, that the THE MASSACHUSETTS BAY IN NEW ENGLAND. 443 sajd "White doe forbeare any procedure ; that he attend to the late law, title 1684. Brick Buildings, vnder the poenalty therein exprest. ''' .17 May. *In answer to the petic8n of M"^ James Allen, the Court grants his r*4^4.«j i request, & allowes of the returne of the land lajd out by a sworne surveyo'^, jj, jj^-jiers as more at large is expressed in the platt annext to his petition. '''"*' ^^^ ^'^'' Of i- f lajd oiit to M' The Court judgeth it meet to allow & approove of the fine hundred James Alien. EC's of land lajd out by Dauid Fiske, surveyo', according as was granted by ^'^^' ™"'^' , this Court, October, 1665, to Majo' Daniel Denison, now lajd out by y° order lajd out to M' of M' John Rogers, preesident of Harvard Colledge, in behalfe of his wife, to &c. whom the late Majo' Denison gaue it by his will, &6, as in the map or platt annext. It is ordered, that there be halfe a country rate forthuith levyed & col- 4 a single coun try rate in lected by the constables of the seuerall tounes, & pajd into the country mony w'Hn 3 Treasurer in mony w'hin three months of this date, to be improoved for ™™ ^' emergent occasions, &S. Leiftennt W'^ Clarke, Capt Aron Cooke, & Leif t Phillip Smith being Hampshire as- chosen associats for y* County Courts in Hampshire for y" yeare ensuing, this Court allowed & approoved of their chojce. This Court allowes & approoves of the seven hundred acres of ^ layd M'Edmond Whites 700 acr^ out, as in the map annext, to the late Edmond White by Dauid Fisk, sworne lajd out p' or- surveyo'', & y* by order of Humphrey Davy, Esq). ^hr^Dav^""" The Court judgeth it meet to allow of the farme of fine hundred acres M-Coriettssoo of land, as in the map annext, to M' Elijah Corlett, by order of M"^^ Margery trM'-MarMry Flynt, that purchast the same, to whom it was granted, as in the Courts order ^i>"*' *^- therevnto affixed. In ans'^ to the peticon of Thomas Holbrooke, Edward "West, selectmen sherborn peti- for the toune of Sherborne, it is ordered, that the grant of land vnto the ^"ig^^^^'g inhabitants & others at or neere Boggestow shall be & hereby is confirmed Middlesex, &c. vnto them, according to the plat now before the Court, dated 25 3 &, 1677, signed Thomas Thirston, prouided alwayes it doe not intrench vpon former grants to any toune or particcular persons. And it is ordered, that the name of the toune be Sherborne, and that it belongs to the county of Middlesex. *In answer to the petition of the inhabitants of Cambridge their peticon, [*444.J & the tounes answer being read, the Court, on due consideration, doe order, •*-"^' *° y° ™- habitants of that Capt Thomas Prentice, M'^ John Paireweather, & M' John Saffyn be a Cambridg peti- comittee to vejw the place in a thorough way, some of the inhabitants of the toune, & also of the petitioners, hauing notice given to be theere ; M"' Saffyn & M' Paireweather to appoint time and place of meeting, & on all consid- erations to make their returne, on their vejw of the place, as to a divid- 444 THE KECORDS OP THE COLONY OF 1684. ing Ijne betweene thenij to this Court, for their due consideration & "" determination. 17 May. Courts grant as ^^ answer to the peticbn of John Holyock, clarke, in behalfe of the toune to Springfeiid of Springfeild, the Court iudgeth it meet to grant their petition, so farr as it re- bounds. spects the bounds of their toune, & was, that their north bounds to joyne to bounds of the toune of Northampton, on the west side of Connecticot Eiuer, & to the bounds of the toune of Hadley on the east side of the sajd riuer, & that their bounds might extend to the brooke coinonly called Stony Brooke, at the ffoote of the mounteyne that lye eastward of the tounes ; all w'^'' was g^'nted as aboue. Ans' to Sam. In ans' to the petition of Samuell Ball, to Majo' Jn" Pinchon, & by him stM» of SprinR- ^° ^^^ Generall Court, for seu" pticulars, as y' y% rates be pd so as the con- ^^'■^^- stables be no loosers, y* y^ pcell of pease by him sent doune to procure mony for y" Tresurer, & was burnt in y'' late fjer in Boston, might be accepted on y" countrys account ; y* an abatement of ffiuety fewer shilling mony might be allowed him on the mony rate, y* he be no looser, the Court judgeth it meet to grant him his petition. Courts letter to Honno''''^ S"^ : Edw^ Gran- _. , . , . t i i • feild, Esq', Oomplamt bemg made by his maj*jes good subjects of the Prouince of ^™e°^^™^' ^^y^^' ^^^^ ^^^y ^^^ greatly injurjed, being req^uired by your officers to make payment to them for their vessells transporting of their lumber, the produce of that prouince, to the market, when as that they onely pass on their oune side of the riuer, that is by his maj'jes charter the stated bounds betwene sajd prouince and that which is vnder your honno'^s gouerment. Wee haue confidence that yow will not authorize yo"^ officers to act in a matter so extra judiciall, and highly imposing vpon the liberty & property of his maj^'es subjects, nor yet countenance any that shall so doe ; and therefore doe hereby comend it to your honno"^, that for the future all causes of com- plaint with refierence thereto maybe remooved, which will contribut to the continuance of peace & freindship, the w* we desire, & shall seeke for on our pts, who are, s'. Your freinds & servants. EDWARD RAWSON, Secre?. In y" name & by order of the Goano"^ & Company of y" Massachusets Bay. Boston, le*!" May, 1684. [*445.] *In the case betweene W-" Hawkins & Anna, his wife, complayning ag» THE MASSACHUSETTS BAY IN NEW ENGLAND. 445 Robert Burnet & seuerall others, as in their petictin on file, the Court, hauing 1684. duely considered the case, & euidences, & pleas made by both partjes, and "^ finding it very difficult to releive the complajnant, doe judge meet & doe (;og;t,ge as to order, that Elisha Hutchinson, Esff>, M' John SafFyn, & M' James Conuers be r "^^^ "f ^ _ Hawkins & a coinittee to repajre to Reading, & survey & measure the place & the lotts Anne his wife where it is supposed the lands sued for either is or ought to be lajd out, who are ^^^^ ^g ^^^ hereby impowred to call before them wittnesses, & examine them vpon oath ^^'J^- if they see cause, and to vse their vtmost endeavo'^s to find out what may tend to releive the complaynants, and make returne thereof to the next session of this Court, that so a right judgment may be given in the case, proided the complainants be be at the charge of the comittee. In answer to the petition of M' John Rogers, presid' of Harvard Col- Ans' to Prsesi- ledge, humbly desiring the favo"" of this Court, that, to avoyd great incon- gg^g petition. veniencjes, the Tresurer of the country may be ordered & inabled once a q^uarter, from tjme to tjme, to reimburse him according to the proportion of the salary granted to him, the Court judgeth it meete to grant his request as aboue. Seuerall acts of this Court, dated 14«i of October, 1651, and 14"' of Oc- M'Hansierd KnolUs laid out tober, 1668, being presented to this Court, wherein y' land purchased y' this to Tho. Clarke, Court purchased of M' Hansierd KnoUis was granted to y' late W™ Hawthorn, jn^a'purou"" Es^, should be lajd out to the late Thomas Clarke, Es^), in Kittery, a plott file- being annexed to copies of those grants, being produced & presented as lajd out by Jn° Evens at request of Peter Coffin, runnig from Piscq, Riuer, N. E. ■b E., fiue hundred and eighty perch in length towards Yorke Riuer, being just half way betweene Piscaqua Riuer and Yorke Riuer, there being twenty fower perches allowed for winding of Ijnes, and is in breadth two hun- dred and forty perch throughout, bounded on Piscatqua Riuer, & lyeth betweene Watts Fort & Franke Fort, S. E. & t) S., the land so returnd & bounded, as in y® plat, was allowed of to be in sattisfaction of y= aboue recited grants. In answer to the petitions of W™ Manning & John Cooper, it is ordered, Ans' to M' that M'' W" Manning & M^^ Samuel Gookin, jointly & seuerally, shall & ticon""^^ ^^ hereby are fully impowred to aske and demand of the seuerall subscribers, for the errecting of the bricke building at the colledg, *their seuerall subscrip- [*446.] tions yet behind & unpajd, and on any of their refusall to pay their just dues, such person or persons to sue, and recouer what remajnes, and that they haue a compensation for the same out of what they gather, making returne of what they doe to this Court at their next sessions, that so M' Manning & M'' Cooper, M' Manning may haue thirty fiue pounds, & M' Cooper fiueteene 446 THE EECOKDS OF THE COLONY OF 1684. pounds, in or as mony, and the remainder, if any be, to be at the dispose of ' ' the ouerseers of the coUedge. Ans' to All e """^ ^^^^ *° *^® petition of Alice Eaton, the request therein is granted ; Batons peti- and Thomas Broune, of Cambridge, & John Fuller, of Dedham, the petition- tion. ers neighbour, are appointed to be the comittee w* hirself to inspect into this affajre, and examine what is done by the sajd John Eaton, irrationally & ille- gally ; as also to take due course for the prevention of future damage, & pre- serve the estate for the benefit of the ffamily. Cap' Prouts There being a qusestion, whither the souldjers vnder the coinand of Cap- to watching, taine Timothy Prout should be Ijable to watching, the Court resolues this question in the affirmative ; and it is ordered, that the souldjers aboue men- tioned shall be Ijable to watch in all watches in the seuerall companjes where they dwell. [*447.] *^tt a Gennerall Court, called by the Gou'no'' Sf Magis^ on the 9 July. Gou^'nd's receipt of his Maf^'' letter, to sitt, ^ satt in Boston, July 9^, 1684, at one of the clocke. Present, Tho Danforth, Es^, Dep' Go, Daniel Gookin, Nathaniel Saltonstall, Humphry Davy, Jn° Richards, James Russell, Samuel Nowell, . Esq^s. Peter Tilton, Robert Pike, Elisha Cooke, W™ Johnson, John Hathorne, The names of y' deputjes at y" Court were, ■ Dated 8 March, TT"IS maj*J«» letter & the act inclosed, w*"^ S' Ljonell Jenkins, were read in J__L open Court, both houses being together, w"" his maj*J<=' proclamation. This Court being informed that great disorders and depredations haue binn comitted by seuerall of his maj'i'=« subjects, to the great damage and prejudice of his maj«''» allyes, and contrary to treatjes of peace and that good THE MASSACHUSETTS BAY IN NEW ENGLAND. 447 Y 9 July. correspondence which ought to be mainteyned betweene Christian princes and 16 84. states, and that seuerall persons, contrary to their duty and good alleageanc, haue and doe goe from this colony into forreigne pfnces services, and saile vnder their comissions, for the prevention whereof, — It is ordered and enacted by this Court and the authority thereof, that from & after the publication hereof, it shall not be lawfuU for any person that now doth or hereafter shall inhabit, come in, or belong to this colony to serve in America, in any hostile manner, vnder any forreigne prince, state, or potentate, or any imployed vnder them, against any other forreigne prince, state, or potentate in amity with his maj'^% w"'out speciall licence or coinlssion first had from his maj*^, or the GoQno'' and Company of this colony, vnder the colonjes seale, or some of his majesties goGno^'s or other lawfuU authority vnder him elsewhere, for their so doing ; and that all and euery such ofifendo"' or offenders, being duely conuicted, shall suffer the pajnes of death. Prouided, neuertheless, that this act nor any thing therein conteyned shall extend to any person or persons which now are or haue binn in the ser- vice or imployment of any forreigne prince, state, or potentate whatsoeuer, that shall returne to this colony, and leaue and desert such service or imploy- ment, before the 25"' day of March next ensuing. And bee it further enacted by the authority aforesajd, that all and euery person or persons that shall en- terteyne, harbo"", counsel, trade, or hold any correspondence by letter or other- wise w"" any person or persons that shall be deemed and adjudged to be priva- teers, pyrates, or other offenders w*''in the constructions of this act, and that shall not readily endeavo"^, to the best of his or their power, to apg>hend or cause to be apprehended such offender or offenders, shall be Ijable to be presented as accessaryes and confcederates, and suffer such paynes and poenaltjes as by law is in such case provided. And be it further enacted by the authority aforesajd, that the cheife coinission oificer then present vpon the place, in any toune or harbour, where there is no magistrate or other person invested with like authority resyding & at hand, are hereby, in their seuerall precincts w'^'in this colony, required *and [*448.] impowred, vpon his or theire knowledge or information given that any priva- Law ag» pirates teers, pyrates, or other persons suspected to be vpon any such vnlawfuU de- signes, to grant warrants to the constables of the place to ap^hend & seize euery such person or persons, and, if need be, shall assist the constable, and raise and levy such a number of well armed men as he or they shall thinke meet for the seizing and ap^hending of euery such person or persons, and carrying them before the Gouerno' or some of the magistrate, to be further examined and proceeded against as the law directs. 448 THE RECOEDS OF THE COLONY OF Ail in case of any resistance or refusall to yeild obedjence to such author- ity and seizure, it shall be lawfuU to kill or destroy such person or persons ; and all and euery person that shall oppose or resist, by striking or firing vpon the officers, or any that are by him coinanded for his ajd or assistance, shall be deemed, taken, and adjudged capitall offenders, and be put to death ; and euery such officer that shall omitt or neglect his duty therein, being legally conuicted w*Mn three moneths after such his neglect, shall forfeit fiuety pounds in currant money of this colony for euery such offence for the vse of this colony. And euery person or persons that, vpon orders given him or them, shall refuse to repajre imediately w*'' his or their armes, well fitted, and amunition, to such place or places as shall be appointed by y" sajd officer, and not readily obey his comand in the execution of the premisses, shall be liable to pay a fine of fiue pounds in money, or suffer such corporall punishment as the majestrate or County Court that shall haue cognizance thereof shall de- termine. Ans'toinkeep- In answer to the petition of seuerall touerno'^s & inkeepers licensed, ers petition. i • /-^ £. i « i . this Court, tor the encouragement ot the peticoners and others, licensed, as the law directs, for keeping of houses of publick enterteinment, and for their security against the great injurjes to them sustejned by the irregular practises of all vnlicensed persons, doe order, that all tithingmen, grand jury men, & constables, in their respective places, diligently inspect all disordered houses that do, contrary to law, retajle wine, ale, beere, cider, liccLUo^'s, &d, without license, and to prosecute the wholesome lawes made against all such dis- orders. And doe further order, that one complaint made by any licensed person against any that are vnlicensed for transgressing in that kinde before any magistrate or County Court, and being legally conuicted thereof, euery such complajnant shall haue for his recompenc the one moyety or halfe part of the fine or fines imposed vpon such delinquents. THE MASSACHUSETTS BAY IN NEW ENGLAND. 449 *Btj the GovTnor §• Company of the Massachusets Bay in JVew 1684. England, at a speciall Gennerall Court, called by the Gou- jT^TtemT' emo'', to be held and sett in Boston, Kf" day of Septem- [*449.] her, 1684. Peesent, Symon Bradstreet, Es^, GoQ, Thomas Danforth, Es^, Dep' GoQ, Daniel Gookin, Nathaniel Saltonstall, Humphry Davy, John Eiichards, James Russell, Robert Pike, Sam^ Apleton, Elisha Cook, John Hathorne, Elisha Hutchinson, Samuel Seawall. Deputjes retumd to serve at y^ Court were, — ^\ y\ y\ y\ THE Court mett. The Gouerno'' declared the grounds for his calling the H September. Gennerall Court, w"'' was receipt of letters, in w""* was some infor- mations p a transcript of a letter by Joseph Dudley, Es^', out of one directed to him, w"' seuerall papers in it, all w* was read in Court the 11* Sep- tember, 84, y^ Court being adjourned to that time. Whereas it is found, by experience, that the provision made by the law, ti? Jurjes, May, 1673, for releife in case of apparent corruption or error in the jurys giving in their virdict contrary to law and euidence, is perverted to the burdening of the country with vnreasonable trouble, the great wrong of partjes concerned, with vnjust reflections made thereby vpon the jurys, — It is ordered by this Court and the authority thereof, that in all attaints, before the entry or allowance thereof, that the party attainting shall give in writting, vnder his hand, for what cause, & shew how the same doth appeare so to be ; and in case, vpon a due tryall as the law provides, the virdict of the former jury be confirmed, such party so attainting shall pay to the country, as a fine for vnnecessary trouble to the Court, tenn pounds in money, and to the jurymen that gaue in the former virdict forty shillings a peice ; and in case „ VOL. V. 57 450 THE RECOKDS GF THE COLONY OF be for corruption, it shall be lawful] for tbe jury so reproached joyntly or seuerally to prosecute their action of slander as to them shall seeme meet; and the plaintiiFe reproaching shall also be Ijable to sach further fine to the country as the Court shall judge meet. [*450.] *Also, in all cases where the former virdict is confirmed, the party con- cerned shall haue double costs, and also double interest, for being deteyned of his just debt according to former virdict. Forme for execution. To the marshall of S., or his lawful! depjity. Forme of exe- Yow are recLuired, in his maj'J^" name, by virtue hereof, to levy, in exe- cution, on the mony of A B, of B., the sume of , with two shillings more for this execution, and dehuer the same unto C D, of , or to his order, which is to sattisfy a judgment the sajd C D recouered against the sajd A B for so much in money, (including the costs of Court,) vpon a tryall be- tweene them before the County Court, holden in B, the of , anno ; and in want of the money or other estate of the sajd A B'', to the sattisfaction of the creditor, yow are alike required to seize the person of the sajd A E, and him comitt vnto the safe keeping of the prison keeper in B, vntill he make payment according to this execution, or otherwise be released by the credito'', or by order of law. Hereof fajle not, as yow will answer the con- trary at your perrills, and make returne of yo"^ doings herein, as the law di- rects, for which this shall be your sufficient warrant. Dated, in B. P Curia. Mutatis mutandis, according to the tenno^ of the judgment. 5 or 6 added to This Court, hauing been informed that the number of persons allowed to Boston as to ^^ licensed in Boston for keeping of houses of enterteinement, and retayling ordinatys. -v^ine & licquors, &(3, w^'out doers, are not sufficient for the accommodation of the inhabitants and trade of the toune, by reason whereof sundry inconvenien- cjes doe acrew, — Doe order, that the County Court of Suffijlke may license fiue or sixe more publick houses in Boston, the selectmen of the toune of Boston yearely approoving of the persons as meet & fitt for y" imployment. Bricks. As an addition to and explanation of the law regulating the size of bricks, made at the Gennerall Court, May 28, 1679, — It is ordered by this Court and the authority thereof, that henceforth all bricks shall hold out and be of the full size and demention expressed in the aforesajd law, euen after they be sufficiently nealed or burnt ; and to that end all moulds for bricks shall henceforth be made of such a convenient size or THE MASSACHUSETTS BAY IN NEW ENGLAND. 451 scantling, that the sajd bricks may and shall hold out, and be of the full 1684. dimention prescribed, when they are sufficiently nealed or burnt, as aforesajd, "~ '< ' 11 September, which shall be so judged *and accounted merchantable when as at least three t*ak-\ i quarters of euery parcell of bricks be hard and through nealed ware, and not Addition to the sunne bricks ; and for the due observation hereof, euery toune (where bricks ^"'^ ^ '" bricks. shall be made or sold) shall annually choose two or more able men, each of cullers to be which shall haue power to vejw, diuide, and cull all bricks from time to time ™°^™- that shall be exposed to sale, who shall be sworne to the faithfuU discharge of their office, and shall be allowed fower pence for euery thousand of good and merchantable bricks they shall so cull ; one halfe thereof to be pajd by the sellar, and the other halfe by the buyer ; and no bricks shall be sold or made vse of before they haue binn vejwed and culled as aforesajd, vpon the poenalty Pcenaity, &c. of paying twenty shillings in money p thousand, one halfe thereof to the toune where such bricks are made or sold, and the other halfe to the informer. The surveyo'^ gennerall is ordered to deliuer vnto Capt Edward Ting, for 1 ban" of pou- the vse of Fort Loyall, one barrell of powder of the meanest of the countrys Loyail &c. store and worst, and the value to be repajd againe by the Treasurer of that prouince as soone as the quit rents come into his hands. M'' Eob' Humfreys. S"" : By a private letter to Joseph Dudley, Esq>, wee are informed of new 12 September, measures taken at Court in our case, at w"'' wee are amased, & haue called a ^^j^, jj^j^. Gennerall Court seriously to consider & weigh what is further to be donne by vs phryes. who are mett, and haue matters vnder debate ; of what will be concluded yow will receive by the first good oppertunitye. This I am coinanded to signify by this ship, which occasionally touched here from Jamajca. It is all at present, the shipp being vnder saile, onely our thankes for yo"^ care & paynes in our aflfajres. So Your louing freinds. EDW RAWSON, Secrel. In y* name & by order of the Goiino'^ & Company. Boston, 12 September, 1684. In answer to the petition of M" Rogers, y= relict of the Reuerend M' John Rogers, late president of Harvard CoUedge, that the accounts might be setled w* refference to the salary due to hir late husband for his service in id trust & place, this Court, considering the great loss sustejned to his estate by so speedy remoovall from sajd place, doe order, that the Treasurer doe allow and pay to his execcutrix & widdow his sallery for two full yeares. 452 THE KECORDS OF THE COLONY OF 1684. 12 September, [*452.] Hannanja Par- ker lef, Red- ding, & Goodin ensig. Henry Keely ensigne, Lan- caster. Ans' to Tho. Bakers peti- con. Ans' to 'W" Hawkins. M' Sewall freed from mannag* of y printing pres. Ans' to M' Jn° Giffords peticon. [*453.] Order on Shap- leighs estate. *In ans' to the peticSn of Leiftenfit Jn° Damon, for liberty to lay doune his place, the Court grants his request. It is ordered, that Hannania Parker be leiftennt in the roome of the abou mentioned Leif t Damon, at Redding, and Sarjant ^ Goodin is appointed ensigne there, & vnder y" conduct of Jerremiah Swajne, captaine. Henry Kerly, heretofore leiftennt at Lancaster, now remooved, & marrjed at Marlborow, is appointed ensigne to the trajne band there in y^ roome of his brother, deceased there. In answer to the petition of Thomas Baker, the Court judgeth meet to grant a hearing of his case mentioned in his petition at the next session, and that the secretary signify the same by warrants to persons concerned, & that the execution be suspended till the case be determined. In ans' to the petition of Willjam Hawkins, it is ordered, that the Tres- urer pay him fine pounds, for the care of Nicholas Cowley, a Jersyman, ready to perish, being sent to him by authority. Whereas, at a sessions of the Gennerall Court in October, 1681, this Court was pleased to intrust M' Samuel Sewall w''' the mannagem* of the printing press in Boston, lately vnder the improovement of M' John Foster, deceased, and whereas, by the prouidence of God, ]\P Seawall is rendered, vnable to attend the same, he judging it reasonable to acquaint this honnoured Court therewith, desiring that he may be freed from any obligation vnto duty respecting that affajre, w"^ thankfuU acknouledgm's of the liberty then granted, — The Court grants the request aboue mentioned. In answer to the petition of M"^ John Giffard, the Court grants the peticoner a hearing of his case at the next session of this Court, the secretary giviii timely notice. *Forasmuch as two of the ouerseers of M' Nicholas Shapleys last will, viz', Eichard Russell, Es^^, & M' Chickering, with Robert Knight, another oflseer, by y« uill of sajd Shapleigh had power to lett, set, & dispose of sd estate by sale, for the supply of the widdow, now, it hauing pleased God to remoove the sajd ouerseers by death, & the widdow of sajd Shapley is in great want, this Court haue therefore appointed Capt Jn" Phillips & M' Joseph Lynde, both of Charls Tonne, w"^ the said Robert Knight, to supply the place of the ouerseers, heereby giving them power to lett, sett, or sell any part of the sajd estate for the maintenance of the widdow, & payment of hir just debts, they reserving the remainder for the childi'en, according to the will. THE MASSACHUSETTS BAY IN NEW ENGLAND. 453 By y" Gound" ^ Company of the Massachusets Bay in Jfew 1684. England, at a second Sessions of the Generall Court, held at Boston, 15'" of October, 1684. 15 October. I T is ordered, that in case of misdemeano'^, or vehement suspition thereof, Magistrates & comissioners ■where no Court is at hand, any maaristrate or magistratticall comissioner, 'Jo 3 power in case by warrant vnder his hand, or being present by his comand, may impower any of misdemean- ors suspected. person to make search and apprehend any disorderly person, whereby their mis- demeanor's may be brought forth and punished, and further evills of like kinde prevented, which man so impowred or comanded shall in the particcular he is imployed in haue eequall power with a constable for req^uiring aide and assist- ance. It is heereby ordered, that it may & shall be lawfuU for the clerks or Execution may recorders of any and euery County Court of this colony to direct any execu- maj-sj^au ^tJ. tion by them draune to the inarshall generall as well as to the marshalls of the county, so that the person who shall obteyne a judgment, and take out execu- tion, may imploy which of them he shall see meet, provided alwayes when any such execution shall be deliuered to the marshall gennerall, the cost of it shall not be greater then if it had binn serued by the marshall of the county where the judgment was granted. The consideration that the country is is at great charges for transportation Country debts of pay to Boston and Charls Toune from the remote parts of the colony, as .? ^ . "^ also great losse in measure, it is ordered by this Court and the authority there- seueraii touuea they liue in. of, that those to whom the country is indebted for sallerjes or otherwise, shall haue order from the Treasurer to receive their pay in the *tounes where they [*454.] liue out of the country rates, so farr as it will reach, or by the next tounes adjaceent, for what is due, in country pay, prouided the payments ordered by the Treasurer be conveyed to those who are to receive it by the constables at the countrjes charge, to preuent so much losse & costs for carriage. Whereas complaints hath binn made to this Court that wolues haue binn Wolves to be taken in one toune, and afterward carried into another, and there killed, j^^^f toune' whereby such other tounes haue binn vnjustly charged, this Court doth order bounds, or not to be p'l for. and appoint, that now toune or county shall be Ijable to make any payment by virtue of the law, title Wolues, except for such as shall be both caught & killed w'^'in their bounds respectively, any vsage to the contrary notw*''- standing. Coffiittee to in John Richards, James Eussell, & Elisha Cooke, Esff)s, w«i Lef ? John '?«<=*' *«> ^' ' . _. Monck&M' Phillips, M"" W" Parkes, & M"^ W" Sumner, are hereby appointed a comittee Wings aocou. 454 THE RECORDS OP THE COLONY OF 168 4. to examine the accompts of M' George Moncke & Cap? Jn" Wing, concerning " ' " the expences of the publicke now depending, & what more may be for this 15 October. . tv, n ■ j yeare expended, and make their returne w"^" all convenient speed. Twoe rates on This Court, on pervsall of the returne of the coinittee, doe order, that mony, y" other , ^ , . i n i p i country pay. there be two rates this yeare, to be coilected out oi the tounes, one in money, & the other in country pay ; and that the sallerys of our present GoQno' & the rest of our honnoured magis'^ shall be for this yeare as it was the last. Secretary. It is Ordered by this Court, that the gent" that were appointed to examine Richards' M' ^^ Treasurers accompt this yeare are hereby desired & empowred further to RicW', M' inspect & enquire into those particculars brought in by the secretary, to the Cooke, M' Saf- fyn, & M' value of fiuety seven pounds eighteen shillings, not accepted of by the Court, to inspect y« ^ *° make returne of what they finde therein to the next sitting of this Secret, acco. Court of57:18. ■ ^ Order for tran- It being a matter of great concernment to the future weale of this ters &0. people that all records of this Court relating to his maj'^" & our afFajres in Records. England be carefully kept & preserved, it is ordered, that all letters that, from time to tjme, haue been received from his maj'^, or from any of his secretarys, together w"" the answers returned by this Court, be all carefully revised, from the beginnig of these plantations to this day, and fairely entred in a booke entirely by themselues, and that for the future the same order be observed; and M' Nowell & M' Cooke are appointed to joyne w"" y'' secretary to effect this matter, who are hereby impowred to agree w"' som meet person for y® [*455.] transcf *thereof, & to charge bills on the Tresurer for y° payment thereof; and y' all letters & papers y' haue passed between this colony & other places (neighbo"^ colonjes) be transcribed into a booke likewise by themselues, & y« same comittee to inspect the same as aboue. Order as to M' Forasmuch as the ouerseers of M"^ Nicholas Shapleighs last will, viz*, j^jg Richard Russell, Es^, and M'^ Chickering, who, with Robert Knight, another ouerseer by the will of sajd Shapleigh, had power to lett, sett, and dispose of sajd estate by sale for the supply of the widdow, — now, it hauing pleased God to remoove the sajd ouerse'^s by death, and the widdow of sajd Shap- leigh is in great want, this Court haue therefore appointed Capt John Phillips & M"^ Joseph Lynde, both of Charls Toune, to joyne with the sajd Robert Knight to supply the place of ouerseers, hereby giving them power to lett, sett, or sell any part of the sajd estate for the maintenance of the widdow, and payment of her just debts, they reserving the remainder for the children according to the will. Ans' to Men- ° donpeticon, In answer to the petition of Eardinando Thajer, Symon Peck, Samuel rtc ns to rS-t" j„g Read, Josiah Chapin, &6, selectmen, in behalfe of the inhabitants of Mendon, 15 October. THE MASSACHUSETTS BAY IN NEW ENGLAND. 455 the Coui-t judgeth it meet to allow & empower the inhabitants of Mendon to 1684. assesse the proprietors of land that Hue not in that toune, as they doe their oune not improoved land, in all manner of i-ates, as well for their minister as otherwise, provided they rate their oune inhabitants in sajd rates, both heads, stock, & improoved lands, as the law directs for the country rates. It is ordered, that all persons liuing in Rowley Village, neere to Tops- Kouley village feild, who are liable to attend military service on foot, shall attend their duty y^ cheif officer vnder the comand of the cheife officer at Topsfeild, & be one company w*'' *' Topsfeiid. respect to mihtary service. In answer to the peticon of Martha Dady, relict of the late W"' Dady, Ans' to Martha the Court judgeth it meet to referr the consideration of what is therein desired to the County Court in Charls Toune or Cambridge, on their examination to determine what they judg meet to be donne therein. In ans"' to the petition of the Reund M"^ John Whiting, in behalf of him- Ans' to M' self & the rest of the children of M'^ "VV" Whiting, sometime of Hartford, pe^jgon '^g^^ this Court granteth to him & them one thousand acres of land, in IFull sattis- faction of all that tract purchased by M' Hopkins & the petitioners father, at or neare Westfeild, provided it doe not f judice any former grant, nor hinder any plantation for a touneship hereafter to be setled. *In answer to the petition of Priscilla Waldron & John Vsher, adminis- [*456.J trato^'s of the estate of Isaac Waldron, the Court judgeth it fitt to impower Ans' to Priscil la Waldron & the administrator's to sell what land shall be found necessary for the payment j^o vshers pe of the debts of the deceased, prouided it be donn with the advise & approba- *"'''"■ tion of the County Court of Suffolke. In answer to the peticon of John Giffard, declaring that, at the suite of Ans' to M' Thomas Walters, atturney for John Wright, Es^, he hath been now a prisoner jo^. vpon execution fower yeares & seven moneths, and that the principalis being dead, sajd Walters hath denjed to make answer to the sajd Giffords in his action of revejw, as atturney to the sajd Wrights, whereby the sajd Giffard is rendered vncapable of hauing easement by a revejw of his case, and without, the favour & justice of this Court shall inevitably perish in prison for want of meet suppljes for his releife, the aboue named Thomas Walters appearing in this Court, disclajmed all power to act as atturney on behalfe of sajd- Wright, and withdrew himselfe out of the Court, refusing to make any further answer to the complaint of the sajd Giffard, or to discharge the prison dues of sajd Giffard, nor yet shewing any estate he hath concealed whereby he might releive himselfe, — The Court, hauing weighed the necessitous & perishing condition of the His release on prisoner, with other considerations, doe heerby order & declai-e, that, vnless 456 THE RECORDS OP THE COLONY OP Ans' to M' Wade & Peter Tufl'ts peticon, Meadford a pe- culiar. Marshall Gen"3 sallery, 40" p' annu. Ans« to M' Seawalls peti- con. [*457.] Courts ad- dresse to his maj'y, &o. sajd Walters, or some other in behalfe of sajd principall, doe, within ten dayes, appeare & give caution to the keeper for the discharge of the prisoners, & other necessarjes for the releife of the sajd prisoner, the secretary shall grant his warrant to the keeper for his release, he, sd Giffard, paying prison ffees & charges then due. In answer to the petition of M"" Nathaniel Wade & Peter Tuffts, in be- halfe of the inhabitants of Meadford, the Court judgeth it nieete to grant the petitioners request, and declares, that Meadford hath binn & is a peculiar, and haue power as other tounes as to prudentialls, &S. Whereas the marshall generalls sallery is not yet stated, it is ordered by this Court & the authority thereof, that the marshall generalls sallery, for time to come, be forty pounds p annii, twenty pounds thereof in money, and twenty pounds in country pay, any law, vsage, or custome to the contrary notwith- standing. In answer to the peticon of Samuel Seawall, Es^, humbly shewing that his house of wood in Boston, at the hill where the Keuerend M"^ John Cotton formerly dwelt, which house is considerably distant from other building, & standeth very bleake, he humbly desiring the favour of this Court to grant him liberty to build a smale porch of wood, about seven fFoote square, to breake of y" winde from the for^doore of sajd house, the Court grants his request. *To the Kings most excellent Majesty. The humble peticon & addresse of the Governo' & Comply of the Massachu- setts colony in New England. May it please yo"^ niaj*y : — That old and wise saying, that a divine sentence is in the mouth of the king, together w"' the large experience your kingdome haue had of it during your maj*jes peaceable reigne, and our oune tranquility vnder yo"^ shadow, makes vs bold to supplicate or to plead our cause w"' your majesty, being humbly confident of your clemency & justice, that wee shall not be condemned vnheard or before wee haue legall notice. The cause & ground of our fathers (and of some yet living) leaving all that was deare to them & us in England to come into this wildernesse, a land then not inhabited, (but by the Indeans, of whom wee purchased the right,) was not out of dislike to the civil government, which wee alwayes highly prized, and accounted, at y'= least, Eequall to the best in the world, nor of the doctrine of the church of England, which, for the substance thereof, wee oune, embrace, & professe, but to ayoyd the severity then excercised in many 15 October. THE MASSACHUSETTS BAY IN NEW ENGLAND. 457 places, because their consciences could not permit them to conforme to some 16 84. ceremonjes of the church strictly imposed, accounted by some indifferent things, but to them otherwise. And therefore, to avoyd giving offence to his maj'y, or vndergoing that burthen they were not able to beare, they chose rather, in a quiet, orderly manner, to leaue their dearest native country, coiiiitting themselues to the prouidence of the Most High, to encounter the dlfficultjes both of the sea & the wildernesse. This his maj'^ Charles the First, of happy memory, well vnderstood, who freely & graciously granted them a patent- for this place, with the priuiledges therein conteyned, to them & their successors for euer ; and vpon the confidence & security of that royall grant, transplanted themselues hither, where they & wee haue lived as exiles & great sufferers, grapling with many difhcultjes, daingers, wants, and necessitjes, for- merly & of later times with the cruell & chargeable warr with the Indeans, supported only by the goodness of God & the gratious shines of your maj*jes favour, w"'' wee desire euer to acknowledge w*'' all gratitude and thankfuU- ness ; nor haue wee binn altogether vnserviceable to yo"^ maj*je here, but vnder yo' majestjes protection & favour, haue, at our oune charges, subdued & secured a large tract of land, as an addition to yo'^ maj'jes dominions, which otherwise probably would haue been possessed by some other nation ; for most of all the other plantations & jurisdictions betwixt New Yorke and the French had their rise & beginning, or at least their increase & support, from this, both before & especially in the time of the Indean *warr, when, w*out [*458,] assistance from hence, they had in all probabillity binn vtterly destroyed. And as nothing hath binn more comfortable & encouraging to us in the midest of our sorrowes and sufierings then yo"^ maj*jes royall favour & indulgence, formerly intimated in seuerall of yo'' gracious letters, as to the acceptance of our setlement & confirmation of our charter, so nothing hath or cann be more greivous & aflictive to yo"' maj'jes loyall subjects heere then to vnderstand yo'^ maj'jes displeasure so farr provoked as to cause a quo-warranto to be taken out against our charter. And since that, as wee haue binn informed by a pri- vate letter, a scire facias and aljas were issued out of the Chancery against us, directed to the sherriff of Midlesex, and returned within sixe weekes, without legall notice to us, and that judgement thereon was entred. Not being con- scious to ourselues that wee haue wittingly donn any thing to the just offence of your maj*y thro our weakness and ignorance, we beleive & readily ac- knowledge wee may haue comltted some vnwilling erro''s or mistakes, for which wee prostrate ourselues at yoar maj'jes feet, humbly begging and im- ploring your majestjes free pardon & forgiveness, with the continuance of our charter & priviledges therein conteyned. And wee hope for the future, VOL. V. 58 15 October THE K]SCORDS OF THE COLONY OF next to our pleasing God, wee shall studdy your maj*jes sattisfaction in all things, and to render ourselues your maj'jes most loyall and obedjent subjects & supplicants. And as in duty bound, shall euer pray, &6. Courts letter to M' Robert Humfreys, sent Tvth ye adress by M' Balston, 7" November, 84. [*459.] Courts letter to M' Hum- freys. M' Kobert Humfreys. S' : "Wee had opportunity, by a ship which accidentally touched here from Jamajca about two moneths since, to signify the receipt of yours by M' John Balston, and that a Court was called to consider the contents, & what was fur- ther for vs to doe, which hath since beene attended. On consideration of the whole, wee are not a litle surprised to vnderstand the procedure against us. Wee haue endeavored, from first to last, to attend his maj'jes comands in ap- pearing and making answer to what was objected against us, p our agents, once and againe ; & afterwards, when a quo warranto was sent ouer, which, by order of the council, was to be deliuered to the Governo' & Company, •appointed yourselfe and fully impowred yow to appeare for us, which which wee concluded did fully answer the direction of their lordsps w**" the methods taken in prosecution of it ; for it was neuer heere served on the particcular persons named in the warrant, & our agents wholly deny that it was neuer served on themselues in England, as yow seeme to intimate. That now a scire facias should come from the Chancery, directed to the sherriffs of Midle- sex, & to be returned within six weekes, & procedure against us vpon their returne of two nihills, caiiot but amaze us. "Wee hope wee haue not forfeited the priviledge of Englishmen, that wee should be condemned vnheard, much less without being sumoned to appeare, which yow know was impossible in the time prefixed. "Wee trust wee haue that to say for ourselues that might, in some measure, sattisfy or at least prevent so severe a sentence as condem- nation of our charter ; but by what yow signify hath passed, wee are wholly deprived of the opportunity. Whateuer the methods of law are, which wee pretend not to a thorow acquaintance with, yet know they are grounded on right reason ; and wee are not willing to dispajre of a further and a more favo""- able consideration of our case by those from whose justice wee implore releife. Howeuer, wee returne yow our hearty thanks for your care, pajnes, & faith- fullness in our behalfe by yourselfe & those chosen for your counsell. Wee know not what could be don more, nor cannot direct for future ; but if yow shall finde any way for our advantage, wee are confident in your endeavCs, and doe assure yow wee shall not be ingratefuU. Wee haue againe ordered one hundred pounds into M"^ John Ives hand, where, as yow haue occasion, yow may call for it ; and as more is needfull, yow may expect on noticfv Wee haue likewise sent our humble addresse to his maj'J", w'='' pray let be pre- THE MASSACHUSETTS BAY IN NEW ENGLAND. 459 sented in the best manner yow can. Yow had had this sooner, but this is the 1684. first oppertunity since our former abouesajd, which, with our kind respects to " '' ' yo^'selfe, & to our honnored & worthy freinds, your counsell, whose labour of „ . loue wee hope and pray God to compensate. Not wiUing to give yow further M' Humfreys. trouble at present, remajne Your assured loving freinds. By order of the GoQno'' & Company of y* Massachusets. EDWARD EAWSON, Secre?. Boston, 15"» October, 1684. *In answer to the petition of M" Elisabeth Rogers, relict & administra- [*460.] trix of the late Reund M"" John Rogers, preesident of Harvard CoUedge, hum- :^"'' *" ^". bly requesting the favo"^ of this Court to grant hir liberty to sell, lands not con. exceeding the value of one hundred & fifty pounds or two hundred pounds, for the discharging of his mony debts, &6, the Court referrs the matter to the County Court of Ipswich to enquire & examine what may be due from the estate of the sajd M'' Rogers, and doe heereby impower the sajd administratrix to make sale of such parcell or parcells of land as may sattisfy the same, pro- vided it exceed not the sume of two hundred pounds, for the discharging of such debts, & y* there be no other convenient estate to make payment thereof, & that all be donn w"' the advice & consent of the sajd County Court. On the request of Cap? Richard Brackett, being aboue seventy three Edmond Quin yeare of age, & infirmitjes of age vpon him, hauing desired formerly, & now ert Tueiues" also, to lay doune his place as cheife military comander in Braintry, the Court ^'^^^'< ^"* S^™- ^ _ Thompson en- grants his request, & doe order, that Leifteniit Edmond Quinsey be captain si., of Braintry, of the foot company in Braintry in his roome, & Robert Twelues his leiftennt, and M"" Samuel Thompson ensigne, & that the secretary issue forth cofnissions to them accordingly. Capt Jn° Phillips & M' Joseph Lynde refusing to act according to y° Robert Knight order of this Court, lO"" September last, this Court doth impower & appoint M'^swieya Robert Knight to make sale of any part of the estate of Nicholas Shapleigh, estate. late of Charls Tonne, deceased, to sattisfy for the past & future maintenance of the widdow, & the remainder to be to the children, and sajd Robert Knight is to giue an account of his doings therein to the County Court of Midlesex. In answer to the petition of the inhabitants of Cambridge, it is ordered, Ans' to Cam- that the toune of Cambridge be allowed tenn pounds p ann out of their i"„ p,^ann.°aU. countrv rate, in country pay, towards the maintenance of the bridge there, °"* °^ y'" •' J t. J ^ ^ >-' country rates. provided the sajd bridge be kept in continuall good repajre. 460 THE RECORDS OF THE COLONY OF 1684. In answer to the petition of Israel Eead, humbly desiring the favour of ' * ' this Court to grant him a licence to keepe an ordinary in Wooborne, the 15 October. /-w,. . ,• • r ^ l't.' Ans' to Israel ^o^^*^j hauing appointed a number of ordinary for the tounes, which is not Reads peticon. yet altered, see no cause to grant his request. Quansigamond Vpon the motion & desire of Majo"" Gennll Gookin, Cap? Prentice, «fe ter, & Cap' Cap? Dan Hinchman, the Court grants their request, i. e., that their plantation ffiitt^°Vh°° ^^ Quansigamond be called Worcester, & y' Cap? Wing be added & ap- brand m'ke, pointed one of the comittee there, in y"^ roome of the deceased, & that their +IJ7'" toune brand marke be thus +++. [*461.J *In the case now before the Court, betweene Lef? Tho Baker, of Tops- Courts judg- feild, plaintiff, by peticon, against Lef? John Putnam, defendant, in an action ment inter Lef Baker & Lef of trespass touching the falling of a tree, the Court, on a full hearing of the case, & all the euidences & records which may give light therein, doe finde for the present plaintiff fowerteen pence damage, & costs of Courts, & forty shillings for hearing the case at this Court, the whole eight pounds twelue shillings & eight pence. Courts finall Vpon the returno of the comittee, & surveigh obteyned by petition of judg' in AV™ Hawkins case, W" Hawkins, and Anna his wife, concerning certeine lands at Reading, claymed by the petitioners, this Court, hauing had a full hearing of the case, the euidences on all sides remayning on file in the records of this Court, doth therefore order and determine, as a fynall issue of all controuersy in or about the premisses, that the hundred and twenty one acres of land lying betweene the southerly side or bounds of the Newhalls lotts and the southerly side or bounds of old M"^ Robert Burnetts, alias Burnaps, land, as p the plott ap- peares, shall, w*all convenient speed, be, by a sworne surveyo'^, divided and lajd out into three eequall parts & proportions, according to the originall grants of the toune of Lynn, as other lotts lye in length from east to west, w* all its appurtenances, and that that bigger part thereof lying next to the land of the sajd Burnet, Sen, towards the north, is vndoubtedly and shall be accounted the land, and be in the plenary possession of the sajd Willjam Hawkins, in the right of his wife Anna, the daughter & heire to Edward Bircham, deceased, and that each party shall beare their oune charge, and that the marshall gennerall be ordered to put the petitioner into the possession of the premisses. DyreJpelson. ^"^ ^''^' *° ^^ petition of W" Dyre, Es^, humbly desiring the favour of County Courts this Court to grant him an audit in his case, &6, the Court sees no cause to Tues"dTy"inNo- ^^^^^ *^^ petitioners request therein. [*462.J *This Court, considering the weighty affajres that are before them, which uember next, will take vp more time then was expected, see cause & doe hereby adjourne THE MASSACHUSETTS BAY IN NEW ENGLAND. 46] the County Court of SuiFolke, w'^ was to sitt next Tuesday, to the first Tues- 1684. day in November next, & notice to be given accordingly ; vf"^ was donne. ^ '' 24 October. 1. Propositions made by M'' Stephanus Van Curtland, authorized by the gou- Macquars arti- ernment of the Massachusetts colony in New England, to the Macquase ^5^ ^5_ sachems, in the Toune Hall of Albany, the SO"" day of July, anno Domnj 1684. 2. That the gouernment of y^ Massachusets colony haue & euer had a brotherly correspondence with the seuerall races of Macquars ; that, be- cause it hath binn firmly & inviolably kept on their parts, as well as oiu's, the longer it continues, of the greater value wee doe account it. 3. That wee giue yow our thankes for the present left us at Albany with Richard Pretty, which, because of the great distance from vs, was sometime before wee had aduice thereof, and the winter coming on, hath prevented our coming, vntil now, to rattefy our freindship with yow. 4. That there were two persons sent from your brethren of the Massa- chusetts to haue come and seene yow at this time ; but being a while since at Yorke, and finding that his hono' the Goflno' was not then ready for his jour- ney hither, & their occasions not allowing long stay, they, with the Goiino''s aduise, impowred me to make their present and rattify their former & happy freindship w"' yow in their behalfe. Doe give yow ninety gilders wampam, thurty ells duffills, twelve shirts, one duzen stockings, three fatts rom, fewer roules tobacco. Present, The E' Honno^'ble Francis, Lord Howard, Barron of Effing- ham, GoQ Gennerall o Vii-ginea, the E.' Hono'^ble Coi Tho Dongan, Goiin' Genii of New Yorke, w* the magistrates of Albany. Interpreter, Arout Corn Vile. The names of sachems : Odianne, speaker, Connandondaw, & Shachdricquis, Rode, Hankedew, Sarighto, Taskanoonda. The Macqua' sachems answer to the propositions made by M"^ Stephanus Cort- land, agent for the colonie of Massachusets in N. England, in the toune hall of Albany, the SI'" day of July, 1684. *1. Wee thank the brethren of Boston for your proposalls made to us P463.1 three yeares agoe, which wee answered last yeare, and returnd yow thanks, and wee thank you for the present given us yesterday. Doe giue two beavers. 2. Wee are glad the couenant is kept so fast on both sides. Wee shall neuer be wanting on our parts, but shall keepe it firme and inviolable, and yow must doe the same. Do give two beavers. 3. Wee see yow haue vnderstanding to keepe the couenant well, by your 24 October. 462 THE EECOKDS OP THE COLONY OF 16 84, comming heer to renew the same. Let the way be kept cleane, and let no brush or rubbish grow thereon, that the couenant may last for euer. Do give two beavers. 4. This is the couenant house. "When any couenants are renewed, this is the g>fixed place, which must be kept clean. And doe give two beavers. 5. The couenant chajn must be kept clear and bright ; and wee all, viz', our gouerno'^, the gouernor, the gouerno' of Virginea and the Massachusetts colony, and wee MaccLuars, are in one couenant. Do give two beavers. 6. Wee doe plant here a great tree of peace, whose branches do spread abroad as farr as the Massachusets colony, Virginea, Maryland, and all that are in freindship w"" us ; and do liue in peace, vnitje, & tranquillitje vnder the shade of sajd tree. And doe giue two beavars. 7. Brethren of Boston, wee do again acquaint you, that when any coue- nant is to be renewed with us, it is to be don in this Courthouse. Do giue two beavars. 8. "Wee renew the couenant again, and do make the chain bright and clear, and hope the brethren of Boston will doe the same, and suffer no rust to come vpon it. Do giue two beuars. This is a true copie, translated, compared, & reuised by me. KOB^T LEUINGSTON, Se. Macquars artickles of agreement as to them, &d, returnd, & read in Court, the whole Court being together, 24 October, 1684, & stands this here recorded, word for word. P order. EDW RAWSON, Seer. [*464.] *In answer to the petition of M' John Clarke, the Court grants the Ans' to M' petition, prouided the petitioner make his appearance at the next County Jn° Clarks pe- ticon. Court in Suffolke, to answer the crjme charged against him, for which he gaue bond, and abide the judgment of sajd Court. Day of thanks- The Lord our God hauing mercifully smiled vpon the people of this v"^'"next ° colony, graciously answering our prajers, by restrejning the excesse of rajne in the spring season, and hath also reserved vnto us the appointed workes of the harvest, and doth yett continue vnto vs our libertjes, both ciuil and eccle- siastlcall, thro his great long suffering towards us, our great vnworthiness notwithstanding, — The goodness of God herein calling for our highest acknouledgments, this Court haue therefore appointed the 9"^ day of October next as a day of thanksgiving to God throout this colony, that the Lord may not be THE MASSACHUSETTS BAY IN NEW ENGLAND. 463 provoked to cut us short for want of returning to give God the glory, comend- 16 84. ing it to the ministers to take due care about it in their places, and inhibbitting '' ' •111 11 1 1 1 24 October. s'^viie labour to all people on that day. Att a meeting of the comissioners at Hartford, 5 September, 1684. Dayof humil- The commissioners of the colonjes, considering what neede there is of our solemne addresses to God, by fervent prayer and humUljation of ourselves throout the country, by reason of those rebukes and threatnings from Heaven which wee are at present vnder, his hand being stretched out still, and also to implore grace for and the powring out of his Spirit vpon the rising genera- tion, haue thought meet to recoinend it to the seuerall governments that the 22"* day of October next maybe obserued as a day of solemne humilljation, to the end that wee may meete together in vnited prayers at the throne of grace, for the more efFectuall promoting of the worke of gennerall reformation, so long discoursed of among ourselues, (but greatly delajed,) and that wee may obteyne the favour of God for a further lengthning out of our tranq[uility vnder the shadow of our lord the king, and that God would preserue his life, & establish his croune in righteousnes & peace for the defence of the the Prottestant religion in all his dominions. ROBERT TREAT, President. *In concurrance w*"" the pious & seasonable motion made by the honno'd [*465.] commissioners of the Vnited Colonjes, also considering the Lords hand vpon Sep» 17, 1684. Printed Octo- us by the epidemicall sicknesses, this Court doth order, and heereby enjoyne ber, 84. & require all the inhabitants of this jurisdiction, and such others as are resid- ing among us, the observance & keeping of the 22'^ day of October next as a solemne day of humilljation and prayer in manner as is aboue provided, recoinending it to the minnisters of the seuerall churches & congregations to attend in their places the worke of the day; all servile labor on that day being prohibbited. In answer to the petition of the Praying Indeans on the one part, & the Coffiibteeasto , . . 1 1 1 T-* • 1 Marlborow. inhabitants of Marlborough on the other part, it is ordered, that Daniel Gookin, majo' generall, Lef ? W™ Johnson, & Capt Elisha Hutchinson, Es^', with M"" Henry Bartholmew, M'^ Joseph Cooke, & Lef ? Nathaniel Sternes, be a comittee to inquire into the complaint of the Indeans, & make report of what they finde to be any breach of any of the acts of this Court respecting sajd Indian plantation, that so all occasions of complaint may be avoyded, & the honno' of this Court may be mainteyned, and make their returne as to the prosecution of this aiFayre to the next Court of Election; the magis'^ to 24 October. Coinittee ab' 46 i THE RECOKDS OF THE COLONY OF 1684. appoint time & place of meeting ; the chai-ge of the comittee to be borne aecLually by both parties concerned. In answer to the petition of Mathew Rice, nere Sudbury, it is ordered, M' Rice his that Thomas Danforth, Es^, Dep' GoQ, Daniel Gookin, Es^, majo"" gennerall, & Samuel Nowell, Escp, vv"' Leiuetennt Sternes, M"" John Heines, & M' Symon Stone, be a coinittee of this Court to examine the clajmes of Ensigne Jn° Grout, and the land petitioned for, and to state the Ijne betweene Dedham & Naticke, and make report of what they finde to the next sessions of this Court, before any proceeding in this matter, and that some of Natick Indeans whom the coinittee appoints shall attend, to shew the bounds claimed by them ; the charge to be borne sequally by the petitioners. r*466.1 *^^ answer to the petition of M"^ Samuel Andrews, in behalf of the Ans'toCam- inhabitants of Cambridge, it is ordered, that Cambridge be allowed tenn bridg inhabit- , ^ ,, . . , , . c t • ants petico 10" pounds p ann out 01 their country rate, towards the maintenance oi their m country pay (.g^j.^ bridge ouer Charls Riuer, prouided the bridge be kept in continuall good allowed ym, a ^ &c. repajre, & that the tenn pounds allowed be in country pay. Laws for the It is ordered, that Elisha Cook, Es^, M"^ Saffyn, and M"" Faire weather, 1.5 Novemb ^"^ ^^^ secretary, be a comittee to pervse & fitt the lawes for the presse, & to 8*- pvse the addresse, & the Courts letter to M' Humfreys. Tresurers ai- Vpon' pervsall of the comittees returne who examined y° Treasurers acco*, "^™'&'f ^ '" ^^^ Court, finding y' there is no certeine stipend allowed him for his paynes in coinittee to the dischardge of trust comitted to him as Treasurer of the country, doe perfect his ac- , , , , t . count & give heereby order, that his allowanc shallbe for this present yeare respecting his ar ge, . j^^^j. ^j,(,Qmj(- ^j^g shilling in the pound, he standing to the loss of measure & charge of warehouse roome ; and that the aforesajd coinittee respecting the Treasui-ers accounts are heereby impowred to perfect what is wanting to be donn in that last account, & therevpon to give him a dischardge. As attests E. E., S. This Court was dissolued. 28 January. THE MASSACHUSETTS BAY IN NEW ENGLAND. 455 Bij the Gouno'' 8/" Company of the Massachusetts Bay in JVew 1684-5. England, at a speciall Gennerall Court, called by y° honno'''''' Gou 8f Assistants in Boston, to sitt in Boston 28 January, 1684, 8r y'n sat. Present, Symon Bradstreet, Es^, Go, Tho Danforth, Es^, Dep* Go, Daniel Gookin, Nathan! Saltonstall, Humphry Davy, Maj"" Jn" Richards, Samuel Newel, James Russell, Sam Apleton, Elisha Cooke, W" Johnson, John Hathor, Elisha Hutchinson, Samuel Seawall. T* names of y* dep?s were, — /\ A yv y^ AT the "opening of this Court the Gouerno' declard it, y' on the certeine or generall rumo'^s in M"^ Jenner, lately arrived, y' o"^ charter was con- demned, & judgment entred vp, &6, they lookt at it as an incumbent duty to acquaint the Court w"' it, & leaue the consideration of what was or might be necessary to them, &d. Whereas the law concerning building w**" brick in stone in Boston seemes to prohibitt all manner of building or buildings, though neuer so small, of wood or timber, and in regard there is a necessity of many convenient places about houses to be built for shelter, which cannot conueniently be donn with brick or stone, this Court doth order, that it shall & may be lawfuU for any person or persons to errect any small bujlding, provided it doe not exceed eight ffoote square, & seuen ffoote studd of wood or timber, any law to the contrary notwithstanding, provided they haue the approbation of the selectmen of sajd toune. This Court, considering our present sad & awfuU circumstances, & the Humiliation, increasing tokens of the Lords displeasure against us, together with the dis- tressed condition of the people of God in other places, calling us to humble VOL. V. 59 466 THE RECORDS OF THE COLONY OF 168 4-5. ourselues before him, do therefore appoint the 12'^ day of March next to be "^ '^ ^ kept as a solemne day of humilljation throughout this colony, & doe recomend '"^"^' it to all the ministers & people in their seuerall congregations to attend y' worke, hereby prohibbitting all srvile kbo'' on that day. [*467.] *To the Kings most excellent Majesty. The humble address of the Gouerno' & Company of the Massachusetts Bay in New England, assembled in Generall Court at Boston, 28"^ January, 1684, — Sheweth, — That your majestjes poore & distressed subjects of this colony haue binn long since transported & planted here vnder the most gracious & princely encouragement of yo' majestjes royall auncesto^'s, of blessed memory, and since your maj'je happy restauration, haue had many gracious intimacons of your maj'jes fauorable regard & incljnation toward us, and our good setle- ment and security heere, for which we renew to Almighty God & your maj^es most humble thantes, as we ought allwayes ; that since it hath pleased your maj*5^ to proceed in law against the charter of this your maj^"es province, in order to the vacating thereof, vpon the scire fecias late brought against us in the Chancerje, of which wee neuer had any legal! notice for our appearance and making answer ; neither was it possible, in the tjme allotted, that we could. Had wee had oppertunity, it would haue binn easy to demonste our innocency in what is objected against us. And we hope that Heavy charge is bejond beleife, that we haue rajsed fifty thousand pounds p annu, converting it to OUT oune vse, inasmuch as the ordinary charge for the necessary support of the gouemment doth not amount to twelue hundred pounds a yeare ; nor was there euer more raised on that accompt. And wee most humbly beseech your maj'je to allow us sincerely to proffess, that not one of the articles therein objected were euer intended, much less continnewed, to be don in derrogation of your most royall prerogative, or to the oppression of your subjects. It is matter of great greife & sorrow to our hearts, that, by being misrepre- sented as disloyall & disobedjent subjects, we are fallen vnder your majHes displeasnre. Wee implore your maj'jes favour, and humbly intreat that our [*468.] great distance from yo' maj'^- royaU court, *our pouerty and many evUl cir- cumstances, may be so graciously considered as that, of yo^ soueraigne grace, yew would be pleased to grant a pardon and amnesty of all our errors, and the contiliuance of all our libertys & imunitjes granted in our charter, vnder the security of which our worthy predecessor's vndertooke so great an adventure, and left their deare and native land, & very desireable enjoyments there, that THE MASSACHUSETTS BAY IN NEW ENGLAND. 467 so they might ganne an innoffencive retjrement to worship God according to 168 4-5. the dictates of their conscience, warranted by the word of God, which we also *"" '' , n T , . ^28 January. account more pretious then all our outward concernes, the continuance of which will errect for yo"" maj'y a lasting monnument of prajse, & thanksgiving in the hearts of the present & succeeding generations. Wee humbly take leaue to add, that, notwithstanding the many ill repre- sentations & informations that lye against us, wee are true lovers of your majestjes person and of the English gouernment, and doe render unfeigned thankes to Almighty God for your most happy & miracculous preservation hitherto, and shall not be wanting to doe our vtmost endeavo' to promote your maj'jes peaceable and prosperous reigne, for which also, as in duty bound, we shall euer pray. It is ordered by this Court, that John Richards & Elisha Cooke, Es^s, Comittee to 3,Ticlit v^ TrGS" with M"^ John Saffyn, M"^ John Faireweather, & M'' Edward Morris, who were ^^^^ aecompts formerly appointed by this Court to audit the present Treasurers accounts, * S"^ ^ <^'»- and make returne to the Court, who haue already made some progress therein, be impowred to settle his aecompts as farr as they are cleare, & to give him a dischardge accordingly for the same. In answer to the petition of M"" John Hubbard, the Court orders, that Comittee to Majo' John Richards & Captaine Elisha Hutchinson, M"" John Saffyn, ]M' Stod- ^^^accoimts] dai-d, & Leuelnnt John Phillips be a committee to pervse and examine the pe- *^^- titioners aecompts referring to the Castle, and give him a full dischardge therevpon, as they see cause. *Ia answer to the peticon of John Blackwell, Esq|^, on behalfe of him- [*469.] selfe & seuerall other worthy gent" & others in England that are desirous to Courts grant to ' " Cap'Jii°Black- remoue themselues into this colony, for their encouragement, this Court wel. Esq', 60 grants vnto the sajd John Blackwell, Es^, for the ends aboue exprest, a tract ^^^^ ^l of land of eigh miles sq^uare, in any free place lying within this colony where he shall judge convenient for a touneship to be lajd out as the law directs, and that the sajd touneship shall haue such powers, priuiledges, & libertjes as other touneships, he & they selling in the sajd place at least thirty familyes and an able orthodox minister within thi-ee yeares next coming, and pay their propor- tion of the Indean purchase, if lajd out in the Nepmug country ; and further, dop allow the said touneship freedome from country rates for three yeares Courts enlarg-« ""^ J ^ ' of tim for set- after their settlement. Ung iiajor In ans"^ to the motion & request of "W"- Stoughton & Joseph Dudley, ^""h^n! &° Esffi, on behalf of Majo' Thompson & themselues, desiring this Courts favour ^°^^ D^d- to enlarg the time of their grant of their plantation, this Court doe enlarge plantation. 468 THE KECORDS OF THE COLONY OF 168 4-5. the time for selling that plantation therein mentioned the space of three yeares ^~ '' from this day, January, 1630. [sic] J, , . In answer to the peticon of Edward Morris, deputy, on behalfe of the Eoxburypiau- toune of Roxbury, humbly desiring the favour of this Court to enlarg the tation. time of their setlement of their plantation granted to them, for three yeares from the day of y^ date hereof, 3 1 Jany, 84, and freedom from rates during that time, the Court grants the peticoners request. Tho. Thirston In ans"^ to the petition of Samuell Mills, &S, the Court grants the pe- marriag in tioSners request, and doe hereby appoint & impower Leif?nt Thomas Thirston, Meadfeiid. Qf Meadfeild, to solemnize marriage to such as shall desire it there, they being published according to law, & one, at least, of the parties living in that toune. P470.1 *lt is ordered, that Samuel & Elisha Cooke, Esq's, be a comittee of this Court w*'^ the secretary, to draw up a letter in the name of this Court to Eobert Humphreys, Es^, & enclose this Courts adresse to his majesty therein, earnestly desiring the same to be humbly presented to his maj'y with all speed, w"'' was donn, & is : — M' Robert Humphreys. Worthy S' : Although wee haue receiveed no particcular information from yourselfe concerning our affayre, yet being by rumour informed that our char- ter is condemned, & judgment entred vp against us, our Generall Court haue ^ agreed vpon this enclosed addresse, to be presented to his majesty, and doe request your assistance for its speedy presentation. How farr wee are indebted to yourselfe we know not, till we heare it from yow. We would willingly discharge our debts while we haue it, es- pecially to yom-selfe, to whom, for your freindship, as well as service, we are deepely indebted. Our Trasurer hath given order to M' John Ives to be making payment of our debts, in part, as far as our effects will goe. And the Gennerall Court doe hereby, withall thankfullnesse, acknowledge their obligations to yourselfe and these honnored and worthy gent" who are of council for us, still requesting of yow and them that, by the first oppertu- nity, wee maybe from yourself what maybe needfull for us to do vnder our present circumstances, as also what is past concerning us. Not to give yow further trouble at present, we are, Yo"^ assured freinds & servants. EDWARD RAWSON, Secre?. In the name & by j' order of y^ GoQno' & Company of the Massachusets. Boston, 31 July, 1684. & was directed to Robert Humphr^, Esq), at his chamber in the Kings Bench lodgings, in the Inne Temple. THE MASSACHUSETTS BAY IN NEW ENGLAND. 469 28 January. Ans' to Mary [*471.J Salters peti- con. In answer to y" petition of Mary Salter, widdow, &6, it is ordered, that 168 4-5 the case be respitted till the Generall Court in May next, and that all parties haue notice thereof, & be then heard. *There being seuerall of our vessells yet behind in England, and so pos- sibly wee may heare further, either from M' Humphreys or some other, wee having as yet received no particclar inteligence about the entring vp of judg- ment against us, — It is therefore ordered & concluded, that this Generall Court be adjourned till the IS"" day of March next, being Wednesday, at one of the clocke in the afternoone. The Gouerno"^, in open Court, declar'd that this Court is accordingly adjourned to id time, as aboue, 18"^ March, 1684, at one of the clock. 31 January, 1684. ^t an Adjournment of the speciall Generall Court, from 28 Jany is March to y' 18^ March, 1684, at one of f clocke. Present, Symon Bradstreet, Es^, GoQ, Tho Danforth, Es^, Dep' Go, Daniel Gookins, Nath Saltonstall, Humphrey Davy, Jn° Richards, Samuel Nowell, James Eussell, Saffi Apleton, . EsqKs. Robert Pyke, Elisha Cooke, W™ Johnson, Jn" Hathorne, Elisha Hutchinson, Samuel Seawall, T HE Court mett at the tjme, & taking notice of the great neglect that Order as to ref- there is found in seuerall persons who are intrusted to see the observa- tion of such orders as from time to tjme hath binn enacted, especially such as 470 THE KE0ORD8 OF THE COLONY OF 168 4-5. haue a tendency to the reformations of such euills as are found amongst us, ' '^ ' do therefore order, that the selectmen, grand jury men, constables, & tithing- men of all tounes within this jurisdiction are heerby strictly required to doe their vtmost to be faithfuU in the discharge of their respective dutjes as to Saboath breaking, typling, & drincking, & toune dwellers mispending their time in publick houses of entertainment. Order advising Inasmuch as nothing can be a more effectuall meanes for the lengthning oouen'^^5 °^* °^ °^^ tranquility than our serious and speedy application of ourselues to the use of such due & meete methods for preuenting or remoouing those pro- Tioking evills which are amongst us, together with our solemne engagements against the same, by renewing our couenant with God, which hath binn neglected too much in the most churches ; this Court also considering how slow to anger the Lord hath shewed himselfe, which bespeakes his willingnesse yet to be preuailed with, if duely applied vnto, doe heereby recommend it to the ministers and churches in this jurisdiction that, with as much speed as maybe, they would consider what aduice or direction was given to this end by the late synod, and to prosecute the same to effect, and to use all possible wajes & means for the vpholdlng of church discipljne, & to that end that there be a ffuU supply of all officers which are necessary there vnto. 1*472.1 *-^y y^ GoQno'' & Company of y* Massachusets Bay in New England. Former grants. Whereas this Court, for the prevention of qusestions and suits at law Order confirm- ... ■, ■, a ci n'lii-i ing all iformer that might arise vpon deeds & conveyances of houses and lands, wherein the glints, c. -yvord ' house ' is omitted, when as an estate of inheritance was intended to be passed, did, by the law, title Conueyances, Deeds, and Writings, sec? 2*, order, that in all deeds and conueyances of houses and lands in this jurisdic- tion, wherein an estate of inhseritance is to be passed, it shall be expressed in these words, or to the like effect, viz* : To haue and to hold the sajd house or lands respectively to the partje or grantee, his heires and assignes foreuer, and therein provided, that that law should not extend to any land granted or to be granted by the inhabitants of a toune, thereby intending, although it is not so plainly expressed, that such grants of land by tounes are an estate in ifee sim- ple, notwithstand the word ' heires & assignes for euer ' are therein omit- ted, the aforesajd law being intended for the direction of priuate persons onely in their particular deeds and conveyances of land from one to another. As an explanation of the sajd law, title Conveyances, Deeds, & Writings, and addition therevnto, it is therefore, by this Court and the authority thereof, ordered, enacted, and declared, that all such orders or grants of land heerto- fore made by this Court, or by any toune or tounes in this jurisdiction, were 18 March. THE MASSACHUSETTS BAY IN NEW ENGLAND. 471 and are intended, and shallbe construed and adjudged in the law, to be an 168 4-5. estate in ffee simple, and are heereby confirmed to the sajd persons and toune- ' *" ships, theire heires and assignes respectively for euer, prouided alwayes, that such grants as doe expressly declare otherwayes, viz', to be for terme of life, or for terme of yeares, or during pleasure, or the like, shall not be included in this explanation or law ; and when any person or persons shall take out an exempliffication of any such graunt of this Court, vnder the secretarys hand, and desire the seale of this colony to be affixed therevnto, the Gouerno' for the tjme being is hereby ordered and impowred, in his testimonial!, to insert that the sajd graunt of lands is confirmed by the Generall Court held at Boston, March the 18% 1684, to the sajd grantee or grantees^ and to their hejres and assignes respectiuely for euer. By the Court. EDWARD EAWSON, Secrei *In answer to the petition of M"^ Deane Winthrop, this Court graunts [*473.] his peticSn, and orders James Russell, Es^, country Treasurer, that he pay Ans' to M' Deane Win- (assoone as may be) vnto the sajd Deane Winthrop, or his order, the third throps peticon, part of -y» two hundred pounds given by the Generall Court, as is expressed in ^^ If^ *° ^^ sajd petition, viz', sixty sixe pounds thirteene shillings and fower pence, in country pay, and take his receipt in full of his part of sajd gift. In answer to the petition of Symon Pecke, Sam Read, Josiah Chapin, Ans' to Men- &d, select me, in behalfe of the toune of Mendon, the Court grants the sajd J"ratefre'efor peticoners freedome from country rates for the yeare ensuing. y y®'^^ ^^^5- In answer to the petition of Goodman W™ Trescot & Capt Capen, of Ans' to Cap' Cap en & ^V^™ Dorchester, it is heereby ordered, that M"^ Henry Allen, M"^ Edward Morrice, Trescott, &c, & Ensigne Thompson shall & heereby are empowred, as a comittee, to make P^'^™' Comittee. enquirje into the difference w"^ is amongst them relating to fencing of their land, ■w"^ hath binn presented to this Court, to make returne of what they judg meet to be don therein to the next sessions of this Court. In ans' to the petition of Cap? John Wajte^ humbly desiring the favour Cap'Jn'Wayts of this Court to dismiss him from further attendance on his place of cap?, besides his age, God hauing incapacitated him by taking away his sight, the Court grants his request. In answer to the petition of John Fiskej of Wenham, a sore wounded Ans' to Jn» soldjer in the late Indean warr, & thereby incapacitated to gett his living, humbly desiring the favour of this honoured Generall Court (hauing the approbation of the select men of sajd Wenham) to grant him a licence to keepe a publick house of enterteinment there, w"^ freedome from country rates, and also liberty to sell drinke free from imposts & excise. 472 THE EECOKDS OF THE COLONY OF 168 4-5. In answer to the petition of Cap'^ John Blackwell, this Court declar- '' eth, that the srant made to him of lands for a touneship at last sessions of 18 March. . . „ . . this Court is to be vnderstood & interpreted to be to him & them that shall Courts ans' to •'■ Capt- Black- orderly associate themselues to him for planting & setling the touneship, and wells motion. to their heires & assignes foreuer, and this Court doth hereby accordingly con- firme the same. [ 4:74.J *jjj answ' to the petition of the ouerseers of the children & estate of ans- to oflseers '^'^^^^^'^ Brigham, for confirmation of the sale of certeine houses & lands left of }■• children by him to his wife & children, the Court, on pervsall of the will of the said & estate of -r, . , . Tho. Brigham. Brigham, thinkes meet to grant the peticon, provided that the ourseers doe give security to the County Court to the vse of the children for the principall & effects as is exprest in the petition, it appearing to this Court that the aboue- sajd order was passed by the Generall Court In the yeare 1656, & although the engrossing thereof was omitted by the secretary, yet doe find it was entred in the register of the Courts acts by the deputjes, this Court doe order the secretary to enter sajd order in this Courts records which is as aboue. Courts ad- It is ordered, that this Court be adjourned to the first "Wednesday in lour™' to the e"" of May. May next, at eight of the clocke in y" morning, and that if there be occasion, y^ Gouerno' may please to give order y' it be signified to the seuerall tonnes. 16 85. By the Gouno'' 8f Company of the Massachusetts Bay in JVew ~^ ""^ England, at a Generall Court, by adjournm\ held at Boston, 6"^ May, 1685. Present, Symon Bradstreet, Es^*, Go^, Tho Danforth, Es$>, Dep* Go, Daniel Gookin, Natha Saltonstall, Humphry Dauy, Jn" Richards, Sam Nowell, Sam Apleton, John Woodbridge, Elisha Cooke, W™ Johnson, Jn° Hathorne, Elisha Hutchinson, Sam Seawall, Es^s. THE MASSACHUSETTS BAY IN NEW ENGLAND. 473 * * r j ^HE Gouerno'' and Company of the Massacliusets Bay in New England : 1685. JL To all to whom these presents shall come send greeting. Know yee, ^ 6 May. that in pursuance of an order or grant of the sajd Governo' & Company, at a Generall Court, held at Boston, the day of , and of a further order or grant of the sajd Governo'' & Company, at a Generall Court, by adjournment from the 28"' of January to the 18"" day of March, 1684, and from thence to the gth Qf May, 1685, as an explanation of the law, title Conueyances, Deeds, & Writings, and as an addition therevnto, the GoQno' & Company of the Massa- chusetts Bay in New England aforesajd haue given & granted, and confirmed, and by these presents for them, & theire successo''s for euer, doe giye, grant, & confirme vnto A B, of ( ), his heires and assignes, (here insert the lands, with all the certeinty that may be,) to haue & to hold all and singular the sajd lands & premisses, with their & euery of their rights, priuiledges, juris- dictions, heredittaments, *and appurtenances, and the reuertion & reuercons, [*475.] remainder and remainders thereof, and. of euery parte & parcel thereof, vnto and to the only vse & behooffe of him, the sajd A B, his heires and assignes for euer. In witness whereof^ the sajd Gouerno'^ & Company haue caused the seale of the corporation to be affixed to these presents, the day of , in the yeare of our Lord one thousand sixe hundred eighty flue. The hand of the GoTerno' for the tjme being to be herevnto subscribed. "Whereas the word (such) in the third Ijne of the second paragraph xhe word of the law made at an adiournment of the Generall Court, held March 18"", ^'""''^ "l''® ^ J expunged out 1684, relateing to the explanation of the law, title Conueyances, Deeds, and »f the law, &c Writings, being found redundant, and that which may darken the true intent and meaning of the law, it is therefore ordered, that that word (such) men- tioned in that parragraph shallbe and is hereby expunged out of all coppies, and the law without that word to be of full force. It is ordered, that John Richards, Samuel Nowell, & Elisha Cooke, Es^s, comittee to with M' QUiuer Purchase, M'' John Saffyn, Captaine John Smith, Cap? Rich- t^^i^j^J"''* ard Sprague, and M' Henry Bartholmew, shall and heereby are appointed a comittee to revise the lawes, and especially such as haue binn made since the last comittee had the pervsall and revisall of the body of them, and to make a returne to the next Court of Election. This day the GoGno"' & Magis'= sent in for the Deputjes, who, being come i e., 7«h May, in, the Gouerno' acquainted the whole Court w"' his receipt of a letter from ^^*^- that hono'^ble & worthy gen*", Escp W"" Blaithwayt, in which came printed copies of the proclamations made in London on the 6"^ of February VOL, V. 60 474 THE KECOKDS OF THE COLONY OF 7 May. [*476.] 20 April, 1685 168 5. last, (presently after the knoune death of our late soueraigne lord King Charles the Second,) at White Hall, Temple Barr, & the Royall Exchange, of the high *and mighty Prince James the Second (by the grace of God) to be king of England, Scotland, France, & Ireland, and of all other his late The high & maj'jes territorjes & dominions in Amerrica, &6, and also coinunicated to the mighty prince, ^ . i i i ^ i • -in, J;imes the 24 Oourt then mett his maj'jes gracious speech to the lords oi his council, w'" prcclajmcdm^ his gracious proclamation, in stating all officers in statu quo, w"' other copies 85, in y same of letters from the lords comissioners to forreigne plantations to the seuerall ■words, mutatis n ' a ' r t ^ i • t tot mutandis, of goTino'^s in Amemca, for the end to proclayme his maj'^ James the Second, theproclama- g^g ^jj ^ch letters, &6, w*" our Goflno'^ letter of ans' to the said W-^ EngK Blajthwajt, Es^, is lodged w*'' the Gouerno'', declaring, that as a buisnes of that moment & high concernement the Goiino' & council had ordered his maj'y w"» all due solemnity to be proclajmed in the high street in Boston, w"^ was donn on 20*^ of Aprill last, the hono'^ble GoQno% Dep* Gofino'', & Assist- ants, on horsback, w* thousands of people, a troope of horse, eight foote companys, drums beating, trumpets sounding, his maj'y was proclaymed by Edward Rawson, secre?, on horsback, & Jn° Greene, marshall gene'U, taking it from him, to the great joy & loud aclamations of the people, and a seuenty peec of ordinanc next after the volleys of horse & foote. * * God saue the king, &S. Ans' to the pe- In ans' to the petition of M' Jonathan Corwin, administrato' to the estate thTn Corwin""' °^ ^^^ ^^*® Capt" George Corwin, the Court judgeth it not meete to grant the first part of his petition, the County Court being so neare, but doe impower the petitioner, if he cannot pay the lands to the legatees to mutuall sattisfac- tion, that then he hath liberty to sell the lands & houses, with the consent of the major part of the magis*' of the county of Essex. Jn^ Mafs'haiis ^^ ^^ Ordered, that John Marshall be pajd three pounds tenn shillings in aliowanc for rate pay by the Treasurer of the country, for his extraordinary attendance of cxtraordi. ser- , ^ n /~i Tice 3" io«. the Gennerall Court. THE MASSACHUSETTS BAY IN NEW ENGLAND. 475 & 2* CoSlssioner. Assistants, & took their seuU oathes, M"^ [Tylton, being sick, excepted. 27 May. [*477.] *By the Gouno'' ^ Company of the Massachusetts Bai/ in New 1685. England, at a Generall Court for Elections, held at Boston, 27"^ of May, 1685. SYMON" BEADSTEEET, Es^J, was chosen GoQnor for y« yeare ensuing, & tooke his oath. Thomas Danforth, Es^, was in like manner chosen Dep' GoUn'^j & took his oath. Daniel Gookin, Sen, Es^, 1 was chosen, & maj'' genii, & tooke y* oath John Pynchon, Sen, Es^, [also. W"" Stoughton, Esf>, & !«' Comission'. Joseph Dudley, Es^, Nathaniel Saltonstall, Es^, Humphry Davy, Es^, John Eichards, Es^, Samuel Nowell, Es^, James Eussell, Esq^, & Treas- Peter Tylton, Esqf, [urer, Samuel Appleton, Escp, Eobert Pyke, Es^, Elisha Cooke, Es^, "W"" Johnson, Es^, John Hathorne, Es^, Elisha Hutchinson, Es^, Samuel Seawall, Es^, M'' Olliuer Purchis, who declined his oath. Edward Eawson was chosen alike Secretary, & tooke his oath. The names of the deputjes returned to serve at this Court were, ■ Salem : M' Edmund Batter, M'^ John Euck. Eoxbury : M' Edw* Morrice. Ipsuich : Lef ? Tho Burnham, M' Symon Stacy. Concord : M"^ Henry Woody, S^ Woobome: Ensig James Converse. Hadley : M' Samll Paxtrigg. Charls Toune : Capt Eich Sprague, Lef ? Jn" Phillips. Cambridge : Lef ? Edw* Winshipp. 476 THE RECORDS OF THE COLONY OF 1685. Newbry : Kichd Bartlett. ' » ^ Dedham : Lef ? Nath Sternes. ^^ *^' Hauerill : M' Peter Heires. Glocester : M"' W"' Hascall. Dorchester : M'^ W"" Sumner. Lynn : M' Olliuer Purchis. "Weymouth : Cap? Jn° Holbrook. Eowley : M"" Jn° Peirson. Maulden : M' Job Lane. Reading : Cap? Jarre Swayne. Boston : M' Jn° Safiyn, M' Isacke Addington, Capl Timothy Prout. Hingham : Cap? Jn° Smith. Brayntry : M' Sam Tompson. Northampton : M"" Joseph Hawley. Bedly : Capt W"" Raymond. M"^ Isack Addington was chosen Speaker for this session. [*478.1 *Itt is ordered, that the comittee appointed at the last sessions of Generall Order for y Court, SO called vpon to make theire report to the Court of their revising make theire re- t^^ laues, especially those more lately made, in order to their consideration at turne as to re- ^]^jg (jgurt, and that the worke of revising the whole booke of lawes passing, vising y» lawes. ^ x o' Y' comittees and preparing them for the presse, be forthwith attended & sett about. In obedience to the order of the honord Generall Court, daf* G"* instant, im- powring vs a coinittee to revize the lawes, especially those lately made, &6, wee accordingly haue mett, & pervsed the sd lawes, & transferred them to theire propper heads in the fformer transcript, where they will be found, some times wholly in their oune words, sometimes in such necessary parts as was intended for alteration or explanation, which are either printed in sajd transcript in sheets, printed or written as there was occasion, to w* wee referr, reserving only the liberty of inserting the preffaces where reason may require. JOHN RICHARDS, SAMUEL NOWELL, ELISHA COOKE, JN° SAFFYN, RICH" SPRAGUE. Law, title Im- j^ jg ordered by this Court & the authority thereof, that the lawes, posts on wine. _ j j t &c. title Impost, and Impost on Wines and Strong Liquor's, with the explana- THE MASSACHUSETTS BAT IN NEW ENGLAND. 477 tions and additions made therevnto, shallbe & remajne in full force from the 1685. 10"' day of June, 1685, vntill the tenth day of June next ensuing, w* will '' ' . ... 27 May. be in the yeare one thousand sixe hundred eighty & sixe. Peter Freeman, Indean of Narraganset, hauing binn a guide to the Eng- Order &reoora 136I1C to Pstcr lish army for the colonjes vnder the comand of the late Generall Winslow, Freeman, y« hauing donn good service to the country, & whiles his doing that service his ^'"d^^ht''' daughter was taken & made a slaue, the Court judgeth it meete to order the release. Treasurer of the country to give him two English coates, two paire of stock- ings, & two pajre of shooes, (one for himselfe & one for his wife,) a white shirt, & fine shillings in money to carry him home, hauing spent much time, both now & formerly, to obteyne his recompence ; and its left to the majo' generall to informe himselfe where his sajd daughter is in captiuity, & with whome, & to endeavo' hir reprisall and freedome, that she may returne to hir flfather ; & orderd, the secretary to write to Cap? Prentice to take order ac- cordingly, & make returne what he doth and cann doe in that respect. *'Whereas it is found by experience, that, in many cases and controuersies [*479.] betwixt partjes wherein there is matter of apparent sequity, there hath been ^^"^ ^^ *° * no way provided for releife against the rigour of the comon law but by appli- cation to the Generall Court, where, by reason of the weighty affajres of the country of more publick concernment, particular persons haue" been delayed, to their no smale trouble and charge, as also great expence occasioned to the publicque by the long attendance of so many persons as that Court consists of, to heare & determine personall causes brought before them, — For ease & redresse whereof, it is ordered and enacted by this Court, that the magistrates of each County Court within this jurisdiction, being annually chosen by the freemen, be and heereby are authorized and impowred, as a Court of Chancery, vpon bill of complaint or information exhibbited to them conteyning matter of apparent aequity, to grant suinons or processe as in other cases is vsuall, breifly specifying the matter of complaint, to req[uire the de- fendants appearance at a day and place assigned by the Court, to make answer therevnto, and also to grant suinons for wittnesses in behalfe of either party, to examine partjes and wittnesses by interrogatorjes, vpon oath, propper to the case, if the judges see cause to require it ; and if any party, being legally suinoned, shall refuse or neglect to make his appearance or answer the case, shall proceed to hearing and issue, as is provided in cases at comon lawe ; and vpon a full hearing and consideration of what shall be pleaded & presented as euidence in any such case, the Court to make their decree and determination according to the rule of sequity, Secundum sequm et bonum, and to grant exe- cution thereon ; prouided alwayes, that either party, pit or deffend', who shall 478 THE EECOEDS OF THE COLONY OF 1685. find himself agreived at the determination of the sd County Court, shall haue " "> "^ liberty to mate his appeale to the magistrates of the next Court of Assistants, 27 May. wh ■ a ' Xr S'^^^^S ^^ security for prosecution, and the reasons of his appeale, to the officer how to be lie- of ggid County Court, as the law prouides in other cases, where the judges of termined. the former Court may haue liberty to alleadge & shew the grounds & reasons of their determination, but shall not judge nor vote in the sajd Court of As- sistants ; and the judgment or decree of the sajd Court of Assistants shall be [*480.] a full & fynall issue & determination of all *such cases, w*out any after re- vejw or appeale, vnless, vpon aplication made by either party to the Generall Court, the sajd Court shall see meet to order a second hearing of the case at the County Court, with liberty of appeale, as aforesajd, or in any arduous and difficult cases, to admitt a hearing and determination by the Generall Court ; and that a suiteable oath be draune vp and agreed vpon to be administred to those who shall be judges in such cases ; and in all cases of y^ nature brought to the County Court, y" party complayning, before his bill be filed & process granted, shall give sufficient security to the clerke of the Court to defray the necessary charges & attendance of the Court. Addition to y« As an addition to the lawes, title Imposts, it is ordered by this Court and posts,' &c. ' t^® authority thereof, that all masters of shipps or other vessells that shall M's duty to bring into our harbours any wines or strong waters, the sajd masters shall, enter all wines, i i i i n • o • &c, w" y« na- before they breake bulke, give a true & just account, vnder his hand, vnto the nail officer, &c, jjavall officers, of the quantity & sorts of caske he hath on board, with the on pconalty. -> j. j , markes and numbers of the same, and the persons names to whom it is con- signed or doth belong, vpon forfeiture of paying the full duty appointed by law if any be found which the sajd master gaue not account of, and that the ouners or receivers of such wines or liquo's doe, before it be landed, make a true returne with the officers of the full quantity, vpon forfeiture of what shall be found more then by them entred, or the value thereof, and that the ouno'^s, or who such wines or liquo's are consigned too, doe pay doune or give vnder their hands to the officer for the payment of the dutjes in some convenient Liberty of post time ; prouided this binds the master no further then to enter all such goods for which he hath signed biUs of lading, and if any more appeare to be on board taken w"^out the masters knowledge, he shall haue liberty of a post entry. Each County As an addition to j" law, title Wills, it is ordered by this Court & the Courts power i • i p . astoprobatsof authority thereof, that the magistrates of each County Court in this jurisdic- ™ ^' "■ tion, being annually chosen by the freemen, shall haue full power & authority (as the ordinary in England) to suinons any execute' or execcuto's appointed [*481.J to the will of any deceased person, who hath declared *his acceptance of that THE MASSACHUSETTS BAY IN NEW ENGLAND. 479 27 May. trust by offering sajd will for probate, or otherwajes recLuiring him, her, or 1685, them to make & exhibbit vnto the Court, vpon oath, a just and true inventory of all the knoune lands, tennements, goods, & chattells of the deceased ; and in case such execcuto"^ shall neglect or refuse so to doe, sajd Court may pro- ceed against such person or persons by imposing of fine or fines vpon them not exceeding tenn pounds money p moneth for euery moneths default. After the expiration of the time already Ijmited by law for bringing in of inven- torjes, and once w*in twelve moneths or oftner, if the sajd Court see meet, they may call such execcuto'^ or execcuto''s to render an account of his or their administration. And it is further ordered, that sajd Court shall haue power to receive any information or complaint from any legatee against any execcuto"^ for the deteyning of any legaty or legatjes given by the testato', and to grant sumons or process, as is vsuall in other cases, for the appearance of such execcuto'^ or execcuto's at day & place assigned by sajd Court, & vpon neglect or refusall to appeare accordingly, to impose a fine of fine pounds on the party or partjes so refusing, and to proceed to a hearing of the complaint, and to make their decree and determination thereon, & to grant forth execution for the fullfilling thereof; likewise to heare & determine all cases relating to wills and adminis- trations, and to make their decrees, and to grant executions therevpon, al- lowing to the party greived liberty of appeale to the magistrates of the next Court of Assistants, such party attending the law, as in other cases, respecting appeales. The Court went on, day by day, to revise & pervse the transcripts of the lawes. For greater expedition in the present revisall of the lawes, this Court Courts pcedure 1 111 oil in revising the doth order, that they shall be sent to the presse sheet by sheet, & that the ja^es. Treasurer make payment to the printer for the same paper & worke, June 10% 1685, and y' Elisha Cook & Samuel Seawall, Es^s, be desired to oflsee y= presse about that worke. *In ans'' to a motion made by the ouerseer of the coUedge, this Court [*482.] doth order, that the hundred pounds, part of the annuall sallary due to the i""" P' °^ y° p'sed" sallery, president, be pajd to the corporation for the incouragement of such as haue how disposed donn the worke that apperteytf to the prsesident, & discharge of some other accounts that haue been made for y" colledg benefitt. In answer to the petition of M'^ Mary Symonds, relict of the late M' Ans' to Mary Symonds peti- Willjam Symods, the Court judgeth it meet to grant the petitioner liberty to tion. sell such lands as she mentions in hir petition, that is, hir late husbands ptic- Rowley viiia- cular land, the County Court of Essex consenting thereto. fxcerdsd a! ^* In ans"^ to the petition of Abraham Reddington, Joseph Bexby, Samuel to y souidiery. 27 May. 480 THE KEGORDS OP THE COLONY OP- 16 85. Buswell, Sen, & W-^ Foster, in the name of the inhabitants of Rouley Vil- "'^' ' lage, it is ordered, that the order of 1684 be null & voyd, & that the villagers be excercised by such officers as the majo"^ generall shall appoint, till farther order. The Courts in- In ans'^ to the petition of Abraham Keddington, Joseph Bixbee, Samuel Kowley"v^- Buswell, W"" Foster, & John Peabody, in the behalf of the inhabitants of Row- lage, m case. ]gy YiHage, the Court inclines to grant their request, prouided it may be with the consent of the selectmen of Rowley. Whereas the honnoured Court some yeares since were pleased to choose & impower a cofiiittee to end a difference about a controuerted peece of land in Water Toune, which is not yet determined, your petitioner doth hereby humbly intreat, that the hono^'ed gent" before chosen may be continued & en- covu'aged to put a finall issue to that affaire. Your humble servant, JOHN SHERMAK Coinittee to is- The Court judgeth it meet to consent to this motion, & doe accordingly mans case c&c. Order, that W™ Stoughton, Joseph Dudley, Peter Bulkley, & John Richards, Vide pa. 494. Es^, with W" Johnson, Es$, M"^ Edward Winship, Cap? Sprague, & Cap? Holdbrooke, in y^ roome of Cap? Wayte, & also in y"= roome of Cap? Thomas Bratle, deceased, shall & heei-eby are impowred to act in that affajre, and that they doe forthwith make a full setlement in such wise as shall to them appeare to be just & sequall on all considerations ; and doe further order, that what they shall doe herein shallbe a finall issue and end to the controuersy. [*483.] *Iii answer to the petition of Benjamin Bosworth, the Court judgeth it Ans' to Benj. meet to grant the petitioner twenty acres of land in any ffree place, so as it Bosworths pe- ticon, 20 acr- exceeds not tenn acres, p* thereof to be in meadow. ^''^'^' Forasmuch as it hath binn made manifest to this Court that there is a Emendation of Northamp- mistake or omission in the report of the comittee appointed by this Court, oritted'oc'to- ■'■^"' °^ October, 1654, for dividing & setting out the bounds of the plantation 9 miit^t'o''' '° "°^ <^^^^ed Northampton, of incerting the length of the sajd plantation from added, &c. the great riuer, west, nine miles into the woods, which they then sett out, and was incerted in the coppy of their sajd report, given, vnder their hands, to the sajd toune, as also to the plantation or toune of Springfeild, their neighbours, and is so entred in their respective toune bookes, it is therefore ordered, that the sajd clause, ' From the great riuer, west, nine miles into the woods,' be added vnto & supplyed in the record of this Court of the bounds of sajd toune of Northampton. THE MASSACHUSETTS BAY IN NEW ENGLAND 481 Wee, whose names are vnder ■written, being a comittee appointed and 168 5. impowred by the toune of Northampton for the setling of the bounds be- "<' ^ tweene vs & Springfeild, and in order therevnto, wee, by agreement with ^^^ reem»' Springfeild coinittee. who were alike impowred, viz*, Maio' John Pynchon, made 28 Aprill, 1685, as to Samuel Marshfeild, Rowland Thomas, and Samuel Torrey, wee mett together Northampton by agreement, on the day aboue mentioned ; then and there wee agreed, that , ^"" " the bounds betweene vs & Springfeild should come too «fe be setled at the agreement, great barr of the ffalls, — that is, about the first great barr, — next to North- ampton, where wee marked a pyne tree, about forty rods from the ryuer, on the south side with S P, on the north N H, on the east A, on the west with the surveyors marke, O ; ffrom that tree wee agred to runn a west Ijne, which accordingly was donne, two miles and a halfe, and then by agreement wee runn a south Ijne halfe a mile, marking trees as wee went ; from thence the bounds of Northampton was to runne a west Ijne to the end of their bound, viz', nine miles *from the riuer ; wee also then agreed that Northampton [*484. j should haue liberty of fishing at the lower great fall, in Springfeild bounds, without any molestation from Springfeild men ; and also to haue liberty of what highwayes as they may stand in need of for transportation to the boating place below the flfalls, for what they shall haue occasion to make use of for ; and to this agreement wee joyntly consented. Our request to the hon- ored Generall Court is, that this our agreement may be rattified. And was signed by JOHN KING, JONATHAN HUNTE, DAUID BUETE, MEDAD POMEY, Comittee for Northampton. Endorst. I, vnder written, doe certify that the coinittee for Springfeild did consent and agree to the returne w*''in written, allowing the priuiledges, on the part of Northampton. JOHN PYNCHON. 4 June, 1685. Vpon the certificate aboue written, the Court judgeth it meet to confirme the lands & bounds as lajd out and returned herein mentioned. As attests EDW RAWSON, Secret. VOL. v. 61 482 THE RECORDS OF THE COLONY OF 1685. 4 June. Ans' to Le£* W" Clarkes peticon & bounds of Squakeage. [*485.] Ans' to M' Pinchon, M' Auery, & M' Hez. Vshers peticon, as to a mine & 1000 acr^ of land, &c. In answer to the petition of Left W™ Clarke, of Northampton, in be- halfe of those that are preparing to resetle the village at Squakeage, being desired to informe this honnoured Court who they were that lajd out the sajd village, i. e., W™ Clarke, W"" Ales, Isaack Graues, and the bounds of it, the sajd W™ Ales & Isaack Graues being dead, & sajd Clarke only remayning, who hauing formerly & of late spent much time about laying out and resetling the place againe : the abouesajd coiiiittee, being at Squakeage w"' two of the inhabitants, wee appointed & ordered a litle brooke, called Natanis, on the west side of the great ryuer, that runns into the great riuer, and appointed it to runne west three quarters of a mile from the great riuer, on the east side of the riuer, to the lower end of the three litle meadowes that are below the toune plot, and so to runn vp the riuer eight miles, the toune plott neces- sarily falling so low in this tract of land by reason of no convenient place higher ; and now, being streightned for roome at the eastely end, the inhabit- ants that now intend to resetle the place againe doe earnestly desier and intreat this honnoured Court, if yow see meet, to lett the plantation *extend about two miles and a halfe lower, vnto a litle stony brooke, which is called Fower Miles Brooke, and that yow would grant it them ; it would greatly encourage those that are to setle there, there being neere about forty familjes preparing to setle there w'Mn a litle time. There is no intervale nor meadow land in this tract of land that I moove for them, but because it lyes neere the toune, and maybe vsefuU for wood, & other wayes, and also incourage more inhabitants ; but if yow doe not see meete to grant their request, w* they so earnestly desire, yet that yow would be pleased to exchainge, that is to say, to leaue out so much on the same side that is on the east side the great riuer at the vpper end, and so to extend vnto the litle stony brooke before mentioned. The Court grants this request as to the extent of the bounds of the sajd toune. In ans' to the peticon of Majo' Jn° Pynchon, M"^ W™ Auery, & M' Hezekiah Usher, humbly craning the favo"^ of this Court that, hauing bina at much paines & costs in searching for to finde out mettalls, & hauing found a hill, nere to Millers Riuer, aboue Dearefeild, & nere y" great riuer, in w"''' are stones, encouraging, as by some smale tryalls, & being willing to be at further cost to improove it, & considering there will be need of some land for the inhabitants y* improove it, to grant them one thousand acres of land nere to ■f place where they can finde it, the Court judgeth it meet to grant their request, prouided the land granted be taken vp w^Hn two miles of the hill aboue mentioned, on the east side of Connecticot Riuer, & be improoved by setKng some inhabitants thereon w"'in the space of twelue yeares next coming for the ends proposed. THE MASSACHUSETTS BAY IN NEW ENGLAND. 483 In ans'^ to the petition of Ellino"' Eeclding, the Court, considering & judg- 1 G 8 5. ing it of absolul necessity that releife be aifoorded the peticoner, do therefore ~ ^' ~~' order y« selectmen of Boston to make provission for her, & y* y'' Treasurer . -g,. of y" country doe make repayment to them of their disbursment, provided it Beddings peti- con, 2^ 6 p' exceed not two shillings sixepence p week, on the countrys charge, in corne at week allowed . . hir in countiy country prize. p^^ In ans'^ to the petition of Ann ShefFeild, aljas Peny, widdow, the Court, Ans' to Ana being fully informed of the state of the petic8ner & this case, doe grant hir Penys petiEo. petic8n, provided she haue the consent of the County Court of Suffolke for y® sale of the house & land therein mentioned. In ans"^ to a motion made in behalfe of the toune of Newbery by M' M'JohnWood- bridg to ad- Rich* Bai-tlet, M' John Woodbridge is hereby appointed & authorized to ad- minister oaths minister oathe, & joyne persons in marriage there who shall desier it, being o™^"y> '^• published according to lawe. *In ans"^ to the foot company of Mauldens peticon, the Court doe [*486.] hereby appoint Leift Jn° Sprague to be captaine, & grants liberty to ■'^"^' *° •''*^"^" -^ -^ i u i 'J J ^gjj Soot com- Sarj' Samuel Sprague to oificiate as leiftennt, & Joseph Wilson to officiat panyspet.,Capi as ensigne vnder him, sajd capt, in order to their establishment & being g^^^ Sprao-Je, comissioned. ^ '^"^''P'^ ^^^- son. Jn" Trumble is appointed ensigne to the ffoote company at Rouley. On jn» Tiumbie a motion made in behalfe of M'' Archelaus "Woodman, leftenn, to be dis- s°eph"nGreen- chardged, the Court grants his request, & doe appoint Ensigne Stephen Green- l^af lef , Nath. _ _ Clark ensig. leafe to be leftenn' in his roome, & Nathaniel Clarke to be ensigne to y" foot company vnder y'= conduct of Daniel Peirse, capt°. In ans' to the peticon of M"^ John Cotton, in behalf of M"^^ Joan Hart, Ans' to M' youngest surviving child of the late M"^ Edward Eossiter, one of the adven- pgt;jo„ j^i^t- turers, &6, the Court judgeth it meet to grant the peticoner fine hundred ™gtoM'Edw. acres of land, to be taken vp so as not to interfere w"^ any former grants, or to right. spojle any suiteable tract for a touneship ; & this to be in full of all right or clajme any of the heires of sd M'' Edward Eossiter might make from the country. In ans"" to the petition of M' Joseph Hauley, in behalf of the children AnsUoM'Jos. & heires of the late M' Dauid Wilton, deceased, the Court judgeth it meet to eorin behalf give liberty to the peticoners to take vp y" sajd hundred acres of land in any ^^^'j^^g^^J^" free place in this iurisdiction, prouided it hinder not a plantation, & be free late Dauid ^ *^ Wilton. from former grants. In ans' to the petitions of Springfeild & Suffeild, being much of one ^•^^^^^"f^ tenno' the Court, hauing read & considered the contents thereof, doe judge peticon as to ' y"ir paying y«ii that sundry expressions therein doe deserue sharpe reprooffe ; neucrthelesse, rates, &c. 484 THE KECORDS OF THE COLONY OF 1G85. 4 June. [*487.] Ans' to Je-re Bumstceds peticon, 200 ac's g*ed & a licence for inkeeping in case. lO"" July nex a fast. Comittce to take in y" Tres" ac- oounts, Major Jiio Richards, M' Cooke, M' SafFyn, &e. Comittee to agree w*"^ y in- keepers as to yir licenses. Comittee to oUsee the presse. Awasamoag sale of land confirmd to Edward Raw- Bon, &c. considering the difficulty of procuring money in those places, doe order, that the inhabitants of the sajd tounes of Springfeild & Suffeild shall not be com- pelled to pay money, prouided that, in leiw of their proportions to money rates, they doe pay their rates in good merchantable corne, at one third part lesse price then is set in the countiy rate, and deliuer the same to the Treasurer, at Boston, at their oune charge, casualtjes of seas ex- cepted ; and this order to continew vntill the Gennerall Court take fuither order herein. *In ans"^ to the peticon of Jerremiah Bumsteed, a wounded souldier, the Court judgeth it meet to grant the peti68ner two hundred acres of land where he cann finde it free of other grants, &S, as sattisfaction for his losses, and also allows him a licence to sell ale, beere, & cidar in Boston, and to be added to the number already allowed, so as the petitioner obteyne the approbation of the selectmen of Boston to keepe an ordinary. This Court, hauing taken into their serious consideration that in respect of aflictive sicknesses in many places, and some threatnings of scarcity as to our necessary food, and vpon other accounts also, wee are vnder solemne frounes of the diuine Prouidence, being likewise sensible that the people of God in other parts of the world are in a lowe estate, doe therefore appoint the 16"' day of July next to be sett apart as a day of publicke humilljation, by fasting and prayer, throughout this colony, exhorting all who are the Lords remembrancers to give him no rest till he establish and till he make Jaerusalem a prayse in the earth, and doe heereby prohibit the inhabitants of this juris- diction all servile labour on that day. It is ordered, that Majo' John Richards, Elisha Cooke, Es^s, w*"* M' John SafFyn, Cap? Eichard Sprague, & M"^ Edward Morris be a comittee to take in the Treasurers accompts for the yeare 1684, and give the Treasurer a full discharge therevpon, with the seale of the colony affixed therevnto. It is ordered, that Majo' John Richards, Samuel Nowell, w* James Russell, Es^s, be a comittee to agree w"* the inkeepers about their licenses for y" yeare ensuing. For greater expedition in the present revisall of the lawes, this Court doeth order, that they shall be sent to the presse sheete by sheete, and that the Treasurer make payment to the printer for the same, paper & worke, and that Elisha Cooke and Samuel Seawall, Es^s, be desired to ouersee the presse about that worke. In answer to the humble motion & request of Edward Eawson, who, having purchased a smale tract of land, vpland & meadow, of Thomas Awasa- moage, son & heire of the late sagamore John Awasamoage, & by him THE MASSACHUSETTS BAY IN NEW ENGLAND. 485 reserved, & is invironed w* the bounds of Dedham, Meadfeild, Mendon, & 1 G 8 5. Sherborne, as in sajd Awassamoag' sale, the Court grants this peticSn, and doe ^ ^' n . . . ^ June. grant & confirme the sajd tract of land to the sajd M'' Edward Rawson, his heires & assignes, allowing the sale of the sajd Thomas Awassamoage, it not interfering w* any former grants. In ans' to the peticon of Samuel Reed, a wounded souldjer, the Court Sam. Reed, a judgeth it meet to order the Treasurer to pay y° petiooner forty shillings in ^- ^.^j^j^ ^- country pay for this yeare, & that the peticoner henceforth be freed from rates, traynings, and watchings till this Court take further order. *In answer to the petition of Mary Salter, widdow, & execcutrix of the [*488.] last will & testament of William Salter, deceased, praying the renewall of an '^^^^ betweene •• ' > 1. J a widdow Salter execution formerly granted to the sajd W™ Salter vpon the judgment of the & widowWood- Generall Court in October, 1667, to the value of twenty one pounds eight shillings and sixpence, ag* M"^ Jn" Woodmansey, since deceased, which execu- tion is returned, and no record of any thing don therevpon, nor any plea or proofFe made by the deffendant (who was admitted to be heard) that any part thereof is sattisfied, it is judged by the Court that in such cases the law doth allow of a renewall of execcution, and that the execution aboue specified ought accordingly to be renewed for the same suine & specie as the former against the estate of sajd John Woodmansey in the hands of Elisabeth, his widow & execcutrixe. In ans'^ to the peticon of Thomas Woolson, the Court judgeth it meete Tho. "Woolsons •1-1 •• o ^ jj • farme layd out to grant the petitioner the land mentioned in the petition, & bounded, so as it ^ confirmed. exceed not three hundred acres, w* land begins by a branch of Sudbury Eluer at a maple tree, runing w"" Marlborow southerly lyne, & so on, in sd petition. In ans' to the peticon of Onesephirus Paige, it is ordered, that the fewer 4" to Oneseph- pounds money mentioned shall be pajd him by the constable of Salisbury out of the next country rate. M"' W™ Clarke, Cap? Aron Cooke, & M' Samuel Partrigg, as returnd, are Hampsh. asso- allowed & approoved of as returnd associates for the County Courts in Hamp- shire for the yeare ensuing. In ans"^ to the petition of M'^ Edward Thomas, agent for M' Joseph Ans' to Edw* Thompson, of London, merchant, it is ordered, that the Treasurer make vp «& ^^^'^^ ^^ '" setle the accompt of the payment of the two hundred and sixty pounds men- tioned in y° petition, and for what time the whole or any part of it remayned vnpayd after the time limitted p bill of exchainge, to make allowance and pay vnto the petitioner after the rate of sixe p cent p annu interest for the same. *It is ordered, that M"^ Fiske, of Cambridg, surveyor doe rune the Ijnes [*489.] 486 THE EECOKDS OP THE COLONY OF 1685. & bounds betweene Dedham & Naticke of the tracts of land described by the ^ "^ ' former coinittee, & to renew the markes thereof, and if in any part the bounds „ ^ ,' be vndetermined there to setle it, Dedham & the Indeans hauing liberty to Courts order as ' cj ^ to Dedham & send each of them one w"' the coinittee of this Court in that worke, the Naticke con- troflsy ab« y charge to be borne aequally, prouided that where the bounds shall appeare to ^" ■ be vnsetled respect be had to the former setlement made of that matter by the Generall Court, i. e., that the Indeans may haue the fower thousand acres of land granted them, for which Dedham received satisfaction from the Court. Ans' to Charls In ans' to the petition of seuerall inhabitants of Charls Toune, the Court petioon refferrs the petitioner to the coinon law. A plantation of In answer to the motion made by Majo' John Pynchon, in order to pre- eranteVto^Ma- '^^^^ ^^^ incroachments of the French vpon us on Connecticot Eiuer aboue jor Jn»Pinchon Squakeag, this Court doth grant the quantity of eight miles square to Majo' & his associ- ats aboue John Pynchon & such others as he shall associate to himselfe, provided that Conectioot ^^ ^^^^ possession within one yeares time, and setle tenn familjes w'Mn three Rmer, m case, yeares, & thirty familjes w^'in six yeares next coming, setling an orthodox minister also among them, prouided the land doth lye within our patent. Courts grant & In pursuance of the report made by Thomas Danforth, Daniel Gookin, Ensigne Jn» Samuell Nowell, Es^s, w"" Left Nathaniel Sternes & Deacon Jn° Haynes, a Grout, pur- coinittee, w'^'' is on file, it is ordered, that Ensigne John Grout haue liberty to chase of lands, &e. lay out eighty acres of land, formerly by him purchased & possessed from the Indeans of Natick, on one side of the sajd tract, and that the Indeans may make sale of the remainder of that tract of land of fower hundred acres, as Majo"^ Generall Gookin & M'^ Elljott shall aduise & approove. Courts confir- The plott of fower hundred acres of land lajd out to the Reurend M' acr' of land Increase Mather & M" Jn" Cotton, being a part of a grant of the honno''d lajd out to M' Generall Court to M' John Cotton & to M' Seaborn Cotton, bearing date May Increase Math- ^ o .; er&M' Jn» 11*, 1670, the plott aboue mentioned being fower hundred rod in length, on file.'^ ^ ° r^'^S along Worster Ijne S. W. & by S. 400 rods, & one hundred & sixty rods in breadth at each end, one end joynes to M"" Humphry Davy, Escp, 160 rods, lying neere & joyning to to the touneship of Worcester, & surveyd by M' Dauid Fiske, is hereby confirmed to the sajd M"' Increase Mather & M' Jn° Cotton, Seii, & to their heires & assignes for euer. [*490.] *Vpon pervsall of the returne of the comittee in answer vnto the petition Ans'toy-in- ^f (-^g Praying Indeans & the inhabitants of Marlborough, this Court doth deans & Marl- i ^ o ' borough inhab- order & declare, the Indeans deede of sale to the inhabitants of Marlborough, itants peticon. «j, , i.ii it ot hue thousand eight hundred acres of land, lying at "Whip SufFerage", neare Marlborough, granted to the Indeans by this Court for a touneship or planta- tion, w"^ deed beareth date July W^, 1684, is illegall, & consequently null i June. THE MASSACHUSETTS BAY IN NEW ENGLAND. 487 & voyd, being made & donne expressly contrary to the law & order of this 1685. Court. And furthermore, it is ordered, that the Indeans shall not sell, give, or lett to lease any plantation or touneship granted vnto them by this Court, or any part thereof; neither shall any English man or men, or any other per- son or persons of any other nation, purchase, take to lease, or receive a gift from any Indean or Indeans, any of the'forementioned lands & touneships, or any part thereof, without license from the Generall Court first had, vpon pconalty of forfeiting all such lands to the vse of the country, as the law de- clared ; besides, all such sales, aljenations, leases, or guifts are hereby declared null & voyd in law, excepting such sales & aljenations as haue binn allowed & confirmd by this Court. In ans' to the petition of W™ Basset, Jn° Lynsey, Eobert Porter, Sein, & Ans' to Lyn pelicon. a twenty two more inhabitants of Ljn, Jeremiah Swayne, Samll Damon, Sam Lambson, W" Bobbins, James Pyke, Juii, & James Nicholls, of Reading, W™ Raymond, & 5 more, of Beverly, & Samuel Lyncolne, & three more, of Hingham, as on y® peticon on file, the Court judgeth it meet to grant the pe- ticSners a tract of land, in the Nipmug country, of eight miles square, for their encouragement & others that were serviceable to the country in the late Indean warr, to a competent number, who shall see meet to joyne themselues to them in order to the making of a plantation or touneship, provided it be lajd out so as not to interfere w*'' any former grants, & that an orthodox min- ister, on their setlement of thirty familjes, be setled w'^'in the space of fewer yeares next coming. In answer to the peticon of M''^ Esther Flynt, of Dorchester, widdow, the Ans'toM"Es ther Flynts p& Court judgeth it meet to grant the petitioner liberty to sell so much lands as tition of Dor- may atteyne the ends proposed, prouided it be donne by the aduice of W" Stoughton, Es^, M'' Edmond Quinsey, & M' John Saffyn. *It is ordered, that Majo' John Richards & Elisha Cooke, Es^Js, with M' [*491.] John SaflTyn, Capt Richard Sprague, & M' Edward Morris, be a comittee to CoSittee to take in the Treasurers accompts for the yeare 1684, and give the Treasurer a urers acoo's for full dischardge therevpon, with the scale of the colony affixed there vnto, and that John Richards, Es^, appoint time & place for meeting, to be signified to the others. E. R., S. Majo"^ John Richards, Samuell Nowell, w**" the Treasurer, are appointed Comittee to agree w"" y« ia a comittee to agree w*^ the inkeepers for their licenses & draughts for this keepers, yeare. 488 THE KECORDS OP THE COLONY OF 1G85. i June. M' Stoughton & M' Dudleya 2000 aor' lajd out & con- firmed. 20 June, 85. Adjournment of this Court to the y July- next. Black James & compa. 5 miles square land lajd out, &c. This Court doth allo-w of, rattefy, & confirme the platt offered to this Court by M'^ John Gore, sworne surveyo"", conteyning eighteen hundred acres, with allowance of addition of t\ro hundred more next adjoyning to compleat the same to two thousand acres, which was granted vnto W™ Stoughton, Es^, & Joseph Dudley, Es^, at the Generall Court, on adjournmt, held at Boston, 15'^ of Eebruary, 1681, to be to themselues, their heires, & assignes for euer, the plat whereof is on file, the land lying in the Nipmug country, at a place called Marichouge, the Ijne being marked w"' rainging markes on the corners with S. D. It is ordered, that this Court be adjourned vntill Tuesday, the seventh of July next, at one of the clocke, vnless any matters of publicke concernment to this colony occasion their assembling before that tjme, whereof notice is forthwith to be given by the secretary to the respectiue tounes for the send- ing their deputjes, to assemble at such time as the honored Gouerno"' or council shall appoint. This Court doth allow of, ratefy, & confirme vnto Black James & com- pany, their heires & assignes, for euer, the two platts of lands offered to this Court by M"^ John Goare, sworne surveyo', measuring the contents of fiue miles square, the one being at a place called Quanesusset, the other at a place called Mayanexet, which contents of five miles square was measured & granted to them & their assignes by their deed to M"^ Stoughton & M"" Dudley, dated 18"^ May, 1682, both parcells being surveyed and marked w* runig Ijnes and corner marks w"^ the letters of their assignes names. [*492.] 7 July. *The GcvJ'no' ^ Company of the Massachvsets Bay in JYew England, assembled in Generall Court, on their adjournment to 7^ July, 1685. THIS Court, being informed by John Prentice & others, coming from New London, of a certejne sloope at that place, whereof one Veal & one Harvey order therevp' on. 1. Courts infor- macon of py- rates on y« ordlr'therevn'^ woro charged by Daniel Staunton with pyracy, comitted by them in Virginea, and that sajd Veale told sajd Prentice that Grayham was in their company in a shallop, & parted from them two dayes before, and that they chased sajd Prentice till he came neare Brewsters Islands, and then bore away about noone, 6*^ instant, doe therefore order, that a drume be forthwith beat vp for a convenient number of volunteers, not exceeding forty, for the maning of M' Eichard Pattershalls brigandeeue, to be vnder such comander as the Court shall appoint to bring them vnder coiSand, who, at their returne, shall haue due sattisfaction ; acord y'= drume beat & proclamation md : THE MASSACHUSETTS BAY IN NEW ENGLAND. 489 All gen'men, souldjers, or seamen who are willing to serve his maj'^ in the 1685. present expedition vpon this coasts against certejne suspected pyrates in some " ^i ' smale vessells, endaingering oui- trade, lett them repajre, with sufficjent & com- p , " ^' pleate armes, to M' John Vyalls, at the Ship Taverne, where Cap? Sampson for Tolunteers. Waters will enter their names, & direct them presently to goe on board the brig- "• andine, whereof M' Richard Pattershall is master, who shall haue all due en- couragements, i. e., shall haue an sequall & just diuission in all the pyrates goods and estate taken with them ; and no purchase, no pay. Boston, 8 July, 85. p cur. E. E., S. The Court, being informed that men doe not readily offer themselues to Plunder the service of the country in the expedition against Veale & Grayham, the ' two pyrates, and considering the necessity that something be speedily done therein, judg meete to order, for their encouragement, free plunder be offered to such as shall voluntarily lyst themselues, or that a sufficjent number of men be forthwith impressed to that service. Coimission granted to Capt Sampson "Waters, & instruccons & directions for Comission to his mannagement of the service, both w* are on file. Waters^i^hia souldjers, &c, Yow are hereby required, in his maj^es name, to attend the next Court, to cruis, &5. to give your enidence in a case depending betweene ^ , pi?, against ^ ^ To be dd. tp in a moth, as on defendant, whereof yow may not faile at yo' perrill. Dated, ^c*. ye oiiginaii. Sumons for appearance vpon the attachment of goods. SuiSons for ap- pearance. To You are required, in his maj^'es name, to take notice that such of your goodes or estate is attached as security for yo' appearance at the next Court, in , at the suite of , vpon an attachment granted him, to the value of , to answer his complaint in an action of the case, ^c% and yow are to appeare to answer the same accordingly. Hereof fayle not. Dated in . Bond for caution vpon granting attachments to straingers. *Know all men by these g>sents, that wee, & of , doe [*493.] bind ourselues, our execcuto's, and administrato'^s, joyntly & seuerally, vnto I H, Treasurer of S, his atturney, successor's in id office, or assignes, in be- halfe of A B, in the sufue of , on condition that the sd shall prosecute his attachment to effect, taken out this day, against the sajd A B, VOL. V. 62 490 THE KECORDS OF THE COLONY OF 1685. and shall likewise pay all such costs & damages as the Comt shall award '"■"■^'^ * him, &c*. 8 July. The Court voted & approoved the aboue written three prsesidents. E. R, S. M' Dudley & M' Shrimptons recompenc. Ans' to M' Josh. Scottows pet., & 500 act" of land in Prouimce of Meyne gr'ed him. Tho. Colton leP. Tho. Dewy, of Westfeild, cor- net. Ans' to Elisa- beth Parkers peticon. [*494.] Ans' to Tho. Johnson & Mary Dauis petico. The Court, being sencible of y° good service donne for the country by Joseph Dudley, Es^, & M' Samuel Shrimpton, in their late journey to New York, doe order, that their expenses & disbursments in sd journey be by the country Tresurer dischardged, & that the thankes of this Court be returned to the sajd gen*° for their great pajnes & good service ; and, as a further testi- mony of our respect & acceptance of the service of the sajd gen'°, doe order the Treasurer to pay vnto M' Dudley twenty pounds in money, & to M"" Samuel Shrimpton tenn pounds in money, out of the first country money in his hands. Whereas, in answer to the petition of Cap'" Joshua Scottow, for payment of two hundred & odd pounds claymed by him on acco' of his disbursments by him made in the late Indean warr, the Generall Court, in the yeare 1684, granted him, in full of all his demands, fiue hundred acres of land, to be layd out in the Prouince of Mayne, in any ffree place, which vote not being entred, sajd Scottow is vncapable of receiving benefitt thereby, this Court doe hereby confirme the aboue sajd grant of fiue hundred acres to him, his heires, & assignes for euer, & Cap? Edward Tyng & M"^ Dominicus Jordan are impowred to lay out the abouesajd grant. Thomas Colton, of Springfeild, on y" motion of the comittee of militia there, is appointed leiftennt for the company of souldjers there, vnder the conduct of Cap*" John Pynchon. Also, Tho Dewy, alike presented, is appointed cornet to the troop of horse in Hampshire, vnder y' conduct of ^ In ans'' to the petition or motion of Elisabeth Parker, administratrixe to the estate of Joseph Parker, Jun, son & execcuto"^ of Joseph Parker, Sen, of Andiver, this Court doth order & enact, that y* administratrix of the sajd estate shall haue power to sell & make firme deeds of some of the lands of sajd estate, prouided that shee shew hir accounts of the condition of the estate, & of the necessity of such sale, vnto the County Court of Essex, or two of the magis- trates thereof, and haue their approbation for the quantity that shall be sold. *In answer to the peticon of Tho Johnson «& Mary Dauis, of Hauerill, administrato''s to the estate of Ephraim Dauis, of Hauerill, this Court grants them liberty & gives them power to sell so much land belonging to the sajd THE MASSACHUSETTS BAY IN NEW ENGLAND. 491 estate as shall be necessary for the ends proposed, provided they bring their 16 85. account of the debts & credit of the said estate to the next Court of the ' " 8 July, county of Essex, & haue their approbation, or, in their vacancy, tlie approba- tion of any two of the magis'^ of sajd Court. This Court, being informed of the inability of John Hutchins, of Hauer- Francis Hutch ill, by reason of his being dumbe, to mannage his estate, by impleading of his debto'^s, & answering to any actions that may be comenced against him, doe grant power to Francis, his wife, to act those affajres in her oune person, or by hir substitute. In answer to the petic6n of Alice Eaton, wife of John Eaton, on hir further Ans' to Alice motion it is ordered, that Leiftenfit Nathaniel Sternes be joyned w* the former go^, comittee appointed by this Court, 7"" May, 1684, in ans' to hir then peticon, & for that end in the tryall of the premisses, the id Lef ? Sterne to appoint time & place of meeting, making their report to this Court how they finde it. In ans' to the petition of Patrick Inan, a wounded strainger, the Court Ans' to Patrick • 1 ■\ • o ci -f^ -\ •(• 1 •\ Inans peticon. judgeth it meet & necessary lor the peticoners present releiie to order the Treasurer to deliuer to him, or his order, sixe pounds in mony. The comittee for the aflfaire betweene M"" John Sherman & the inhabitants lo July. of Water Tonne, according to the order of this Court in May last, doe agree Comittees re- ' ° J J 6 turneab'M' & determine, that the proprieto's of the comon lands in Water Toune, where- Jn» Shermans , ^ land at Water of the thousand acres now in question is a part, doe, w"'in twenty dayes, xoune. devide the sajd thousand acres into three sequall parts, & M' Sherman to make his chojce in which of the sajd parts his interest, amounting to three hundred twenty nine acres, by the gift of seuerall of the sajd inhabitants & proprietors, shall lye ; and if the sajd third part passe the quantity aboue, then so much to be taken off of the sajd third sequally & next adjoyning to the remaining third, and what the sajd third may want to amount to the sajd sume shall be added equally out of the next adjoyning third belonging to the proprietors ; and that M' Sherman, vpon the divission aforesajd performed, shall, vnder his hand & scale, give to the sajd proprietors a relinquishment of all challenge to any further part of the remainder of the sajd thousand acres, and that the remainder of the sajd thousand acres left diuissible to the remayning proprje- to's who haue not given their rights to M' Sherman according to the sequall & just *proportion formerly setled for the diuission of the whole tract, long [*495.] since diuided by Capt" Sherman. And that, if the proprieto's neglect to make the diuission abouesd, it shall be in the liberty of the sajd M' Sherman, by a sworne surveyo', to measure out his aboue sajd quantity of three hundred twenty nine acres, in 492 THE RECOKDS OF THE COLONY OF 1685. any part of the sajd thousafi acres, in one whole peice, & leaue the remajnder ^~ ^ "^ to be disposed amongst the proprietors as abouesajd. ""'''• July 10, 1685. Signed by WILLJAM STOUGHTON, RICHAED SPEAGUE, JOHN HOLBOOKE, JOHN EICHAEDS, WILLJAM JOHNSON, JOSEPH DUDLEY, EDWAED WINSHIP. This returne of the comittee being read & pervsed by the Court, and ordered to be recorded as here it is. As attests EDWAED EAWSON, Secre?. Order to con- The Court, judging it a matter of greatest concernment in this present vene y« elders. . ,. -i-. • i i i • i i i juncture ot Providence towards this people, that wee so mannage ourseiues as that wee may not be led into temtation, to the doing of any thing dishonour- able to our profession, disloyall to his maj'^ or the peace of those that haue betrusted us, doe order, that the reund elders of the seuerall tounes, in a schedule on file, be desired to meet & conferr w"' this Court in council, the 2 1"' instant, at eight of the clock in the morning, and that notice be given to those tounes who haue neglected to send their deputjes to this sessions that they attend the law & their duty, as they will answer their neglect at their perrill. And this Court is adjourned to the 21** instant, at eight of the clocke in the forenoone. By the GoQno' & Company of the Massachusets Bay in New England. To all to whom these presents shall come & may conceme, greeting. Know yee, that, whereas the honoured Generall Court hath appointed vs, whose names are vnderwritten, as a comittee to audit & ex- amine the accompts of James Eussell, present Treasurer of the aboue sajd colony of Massa- SYMON BRADSTREET, Govern'. i ,, x> i-i i -,. , chusetts ±5ay, which wee haue accordingly donne, since his last accompt, made vp and setled with a former comittee, as appeares by a dischardge, vnder their hands and scale of this colony, bearing date the aS*"" of Aprill, 1684, and recorded in the Courts booke THE MASSACHUSETTS BAY IN NEW ENGLAND. 493 of reccords, the 29«^ of Aprill, 1684, since whicli wee find the countrys 1685. creddit for ballance of former accompt, together with rates, fines, & im- ^^ ''' ' posts, to amount to one thousand seventy one pounds five shillings & seven pence in country pay, & two thousand seven hundred & eighty pounds one shilling & eleven pence in mony, of w* is due to the sajd Treas- urer, as by the sajd accounts dus more particularly appeare, the some of two hundred & sixteen pounds eleven shillings cfe three pence in money, besides forty fine pounds allowed for making good all rates comprized in sajd ac- compts allowed to the Treasurer, must haue credit from this colony in next accompt for two hundred sixty one pound eleven shilling & three pence in money, due to him for *ballance of abouesajd account; therefore, according to r*496.] the power comitted to us by the honored Generall Court, in the behalfe of the GoQno' & Company aforesajd, dated the 28"' January, 1684, wee doe, by these presents, ffully & absolutely remyse, release, & foreuer acquitt & dis- charge the aforesajd James Russell, Treasurer, his heires, execcuto's, and administrato''s, from all rates, fines, recconings, accompts, receipts, and other transactions referring to this colony & the aforesajd Treasurer of the same till the first of September last, by reason of any cause, matter, or thing whatso- euer relating to his sajd office, from the beginnig to the time aforesajd, touching or concerning the same. In testimoney whereof, wee haue here- vnto sett our hands. Dated in Boston, the 18"" of May, 1685. Annoq, regni Regis Jacobj Secundj. Signed by JOHN RICHARDS, ELISHA COOKE, JOHN SAFFYN, EDWARD MORRIS, JOHN FAIRWEATHER. The acquittance «& discharge of the GoQno'' & Company of y« Massachu- setts Bay in New England to James Russell, Esq>, Treasurer, his heires, execcuto'^s, &6, stands thus entred & recorded in the Generall Courts booke of reccords, at request of sajd James Russell, from the 10"" of July, 1685. As attests EDWARD RAWSON, Secre?. 494 THE RECORDS OF THE COLONY OF 1685. By f GovTruf §• Company of the Massachusets Bay in Mw ' — * — ' Endand, at a Generall Court, held at Boston, 21'^ My, 1685, 21 July. on adjournment from 10 sd July. Present, Symon Bradstreet, Es^, GoQ, Tho Danforth, Esf), Dep* GoQ, Daniel Gookiu, W" Stoughton, Joseph Dudley, Natha Saltonstall, Humphry Davy, John Richards, Sam Nowell, Sam' Apleton, Robert Pyke, Elisha Cooke, W" Johnson, Jn° Hathorne, Sam Sewall. Y® names of y^ deputys returnd to serve at this Coui-t, as y* dep*' booke. THE Court mett at y" time. Y° whole Court being together, w*'' seflall of the reuerend elders, the honno'ble GoQno' declared y* cause of this session was to consult the weighty concernes of this colony of the Massachu- sets Bay at such a juncture, and desired M' John Higginson, Seii, to seeke the face of God for his speciall guidance & direction, &3, yv"^ was donn, and then there was a conference together, &S. It is ordered, that the Treasurer pay vnto M' Richard Patteshall the suSae of seuenteene pounds two shillings in mony, according to his accompt given into this Court, for his brigandine, his oune & mens wages, his porke, pease, &6. Y^ accot on file. In ans"" to the petition of Grace Dutch, relict of y^ late Osmond Dutch, of Glocester, this Court impowers & grants liberty to the administrato''s of sajd Os- mand Dutch, or either of them, w*"^ the aduice & assistance of Left W™ Haskel, M' James Steevens, & Stephen Glouer, of Glocester, to make sale of any of the lands left by y" sajd Dutch for the necessary releife & comfort of his widdow, the petitioner, & to give legall deeds for the same, prouided the County Court THE MASSACHUSETTS BAY IN NEW ENGLAND. 495 of Ipswich allow & approove of it, vnless the children of the sajd Osmaud 16 85. Dutch shall comfortably supply and prouide for hir, y« widow & petitioner, doi-iag her life, at discretion of id County Court, if the children be minded to saue the lands. 21 July. *To the Kings most excellent Maj«^ [*497.] 24 July. The humble petition of the Gouerno'^ & Company of the colony of the couits ad- Massachusetts Bay in New England, — ^'^^^^ *° ^"^ ■' ° ' majT. Sheweth, — That, although the distance from your maj*J'= most royall seat, concomi- tant with other vnhappy circumstances, hath disabled vs from being with the first of them who, in this kind, haue binn prostrate at your maj'J^^ fFeete, yett Ave may, with sincerrity, say, we were surprized with sorrow when wee re- ceived the sad tidings of the death of our late gracious soueraigne, Charles the Seccond, of famous memory, whose transcendent grace & princely favour to us hath been as the dew vpon the grasse, and vnder the shaddow of whose pro- tection, thro the mercy of God, wee haue enjoyed many happy dayes, which losse we feruently pray that it may be more then made vp in your maj'^ by your smiling aspect towards vs, your loyall subjects, and your defence of the true Prottestant religion, for which we shall vnfeignedly blesse the glorious maj'y of heaven, and with loyall hearts thankefuUy acknowledge your maj'^'^ goodness therein, being encouraged therevnto by yo"^ maj'^'^^ gracious declara- tion, and are thereby imboldned to supplicate yo'' maj''" on behalfe of our- selues, inasmuch as our fathers, & some of us with them, left their native land, with all their pleasant & desirable things therein, embarcc[uing themselues & familyes, & came over the vast ocean, &, thro divine conduct, arrived heere in a vast howling wildernesse, a considerable part whereof, after they had pur- chased the natives right, w"' sore labour & indefattigable industry, at their oune charges, haue subdued & made fitt for habitation, thereby enlarging the dominions of your empire, which, for the space of fiuety yeares & vpwards, by divine assistance, hath binn kept & raainteyned thro the expence of the Hues, blood, and treasure of many of your maj*^'^ good subjects here vnto this day, to the great releife & timely suport of yo'^ maj'J°^ plantations in Amerrica. And all this was donne & suffered that our fathers, & wee their *children after [*498.] them, might worship God according to the dictates of our consciences, founded vpon the sacred Scriptures, which liberty of our religion wee esteeme more deare to us then our liues ; nor did they come hither but with the approba- tion & princely encouragement of your maj*° royall ancestors, declai-ed in 496 THE RECORDS OF THE COLONY OF their letters patents, and afterwards often rattefied by the word of a king, which was to us a full assurance of our vnjnturrepted fruition of the libertjes & priuiledges therein granted ; but of late some are risen vp against us, who haue misrepresented our actions, and falsely accused us to our late soueraigne, by meanes whereof wee haue binn (as we are informed) proceeded against by a scire facias and an alias, both returned with nihills in sixe weekes time, in order to the vacating of our charter, and, as we conceive, tending to the ruin of this your majestjes budding plantation. We dare not, dread soueraigne, presume to justify ourselues in all our actions. Our remotenesse from your maj*^^ court, our wildernesse imployment, hauing inavoydably rendered us ignorant of many things in law, hath given an occasion for those errors, which, vpon notice, we haue endeavored the re- forming of, and are not conscious to any wilfuU male administrations, deroga- tory to the honno"" & interest of the croune. What errors, thro inadvertency or humane fraylty, haue binn comitted by vs, we humbly implore your maj'J^' gracious pardon of in this good day, according to the practise of your renouned ancestor's vpon theire accession to the throne ; and that your maj'^ would, in your princely wisdome & clemency, vouchsafe the continuance of those our libertjes, according to our charter, granted & confirmed to us by your most royall predecessors, that this plantation may grow & flourish vnder the shadow of your maj'J''^ most gratious gouernment, confirmed vnto us according there- vnto, which, we presume, will be no greife of heart to your maj'^ another day, but will add another Jewell to your imperiall diadem, and errect a lasting monument of aeternall fame in the hearts of this & succeeding generations, & foreuer obleige Your maj'jes loyall & obedjent subjects. As in duty bound to pray, &<3. 24"' of July, 1685. The Court ordered letters to be sent to M"^ Humffreys & to M"" Ives, w"'' are on file, & was sent by M' Eldridge. [*499.] *It is ordered, that the Treasurer, by his order to M' Ives, deliuer to Eobert Humfreys, Es^, all his demands besides y« ballance of 23" resting in his hands, and also fine pounds more to buy him a good bevar hatt, in reffer- enc to his service doii for this colony, and further discharge what he shall or may expend about deliuery of this Courts address, now sent him to presen to his majesty. It is ordered, that y° Treasurer pay vnto M' Sam Shrimpton, in behalfe THE MASSACHUSETTS BAY IN NEW ENGLAND. 497 of himself & y® rest of the ouners of M' Foys ships demurrage, nine pounds 1685. mony. This Court is adjourned to the second Wednesday in August next, at one of the clocke. 24 July. At a Generall Court, on adjournment, held at Boston, 12"' of August, 12 August. 1685. THE inhabitants of Rowley Village desiring to be a touneship, wee, whose Agreement foi 1 • 1 ■ _. 1 , n Tt Rowley Vil- names are vnderwxitten, being a comittee chosen by y^ toune ol Jtlow- j^^ge to be a ley, haue consented that they should be a touneship, prouided the honord *°""''^ 'P- Court see cause to grant their request. "Wee, desiring also that the honnored Gennerall Court would be pleased to confirme the lyne wee haue agreed vpon betwixt the toune of Rowley & the village ; and so your humble servants re- majne, yo's, &d. DANIEL WYCOM, JN° TRUMBLE, STEPHEN MIGHILL, EZEKIEL JEWET, JN° HOPKINSON, JOHN LIGHTON. » The Ijne annext agreed on was, — "Wee, whose names are vnder written, being chosen by the toune of Row- ley, on the one part, & by the village of Rowley, on the other part, to to agree about a parting Ijne betwixt the toune of Rowley and the village, as being mett together y® 7"^ of July, 1685, doe agree as followeth : That the midle bound should be where the ffoot path issueth out of the cart path, not farr of the passe bridge going ouer the great meadow, and from the sajd midle bound to a forked white oake, neere the meadow formerly lajd out to Elder Rayner, being a bound of that part of the sajd meadow that ffell to Captaine Whiple on a diuision, and is also the corner bound of a parcell of land lajd out to Ezekiel Northen, being, by estimation, about forty acres, & so going on the same Ijne *streight to Ipswich ; and from the abouesajd tree, of [ 500.] a streight lyne, to the southwest corner at the three thousand acres, which is a white oake marked w*'' R and T ; & so, from the sajd tree, northward, on a lyne betwixt the three thousand acres and land layd out to M' Rogers and VOL. V. 63 498 THE RECORDS OP THE COLONY OP 16 85. John John Pickard, till yow come to a wliite oake marked with S. R, T., " ^ ~^ being the corner bounds of John Pickards land, standing in the Ijne betwixt 12 August. Bradford and the village. "Wee farther agree, the inhabitants of the village shall be free from all rates, for tjme to come, to the toune of Rowley, except- ing twenty shillings in siluer, to be pajd by Joseph Bigsby, Sen, John Pe- Confirmedby body, Willjam Poster, Samuel Symonds, Moses Tyler, yearely, to any of the comittee, whilst they haue an orthodox minister setled in the village. And further, itt is agreed, that all the coinon land lying w*Mn the village vndevided shall remajne to belong to the toune of Eowley, excepting the farme coinonly called the Minister Farme, within the village ; and any thing that is due to the country for land lying in the village is to be pajd by the inhabitants of the village. In confirmation of what is aboue written, both partjes haue sett to their hands. JOHN JOHNSON, SAMUEL PLATTS, SAMUEL SYJIONDS, DANIEL WICOME, MOSES TYLER, STEVEN MIGHILL, JOSEPH BIXBEE, JOHN PEBODY, EZEKIEL NORTHEN; WILLJAM POSTER, JOHN TRUMBLE, EZEKIEL JUETT, JOHN HOPKINSON, JOHN LIGHTON. Courts grant of The Court, on the cirtifficat of the comittee and the bounds, agree for y» touueship. i i • i the Ijne betweene Rowley and the village vnder their hands, judge meet to grant the petiooners request, provided the bounds thereof intrench not on other tonnes or former grants. Order to A list of the number of men y* are to be sent from the seuerall tounes meTto r^' liereafter, named to serve on y" jury of tryalls, & also vpon the grand jury at Court of As- ye Court of Assistant, as as foUoweth : — sistants, out of w' touues. From Salem, 6 ; From Lynn, 3 ; Cambridge, 3 ; Charlstoun, 4 ; Water Toun, 4 ; Thus' past y* Court. Weymouth, 2; From Boston, 10 Hingham, 2 ; Roxbury, 3 Concord, 3 ; Dorchester, 3 Wooborn, 3; Dedham, % Maulden, 1 ; Brauntry, 2. Triall for all jurys, 49. EDW" RAWSON, Secre?. [*501.] *The Court judgeth meet to order & appoint Elisha Cooke, & Elisha Hutchinson, Es^), M^ Isaac Addington, Capt John Phillips, & Cap! John THE MASSACHUSETTS BAY IN NEW ENGLAND. 499 Holbrooke to be a comittee to consider of the compLaint & pcticou of the loafe 1685. bread bakers, and to draw vp something to be presented to this Court at their '^ . , 12 August. next meeting, for the rectifying of what may be thought amisse m the law Comittee as to about the assize of bread, and that, in the meane tjme, the clerkes of the mar- ^"^^'^ ^^^'^'^ ^'^ kers petioon. ket be directed to vse what lenity may be to the bakers, allowing them after the rate of fewer shillings for the baking vp each quarter of wheate, the magis*^ to appoint time & place of meeting. In pursuance of the order of the honnord Generall Court, wee haue Comittees re- passed M' Anthony Stoddards, Sen, his accounts in his booke about the prison ^^^ , Tresu- disburse, & finde that M"^ Stoddard hath received, on account of the county of ^'^^ ^° ^'n^'-^« •'27'' 15« 8^ of M' Suffolke, one hundred twenty eight pounds nineteene shillings & fewer pence Antho. stod- mony, & twenty pounds three shillings and fewer pence as mony from & by the order of James Russell, Es^, Treasurer, & finde but one hundred twenty & one pound seven shillings pajd out, only he charges fine pounds for receiv- ing mony, so that wee judge ther^ due to the country from M' Stoddard twenty seven pounds fiueteen shillings eight pence, except this Court allow the fine pounds aboue exprest. W^ JOHNSON, JN° HOLBROOKE, JERREMIAH SWAYNE. Boston, July M, 1685. It is ordered, that the Treasurer take care forthwith to gather in & receive from M' Antho Stoddard the mony due from him on account of the coun- try, according to the reburne of the coinittee, i. e., 27 : 15 : 8. In ans' to the petition of Thomas Walker, brick maker in Boston, it is Ans' to The. ordered, that the Treasurer of the country pay vnto him, the petitiolaer, what g„„ ^' ^^ '' is his due remayning to him in mony. James Russell, Es^, formerly Treasurer, hauing refused to accept of that service for this present yeare, notw**'standing the Court orders & desires that he looke after the countryes dues for the present, & that he issue out warrants for this yeares assessements, according to law, and they will take care for a new Treasurer *in their sessions in October next. It is ordered, that the [*502.] secretary issue out his warrants to the respective tounes that the freemen make chojce of a meete person to be present at October Court to serve in the stead of the present Treasurer. Warrants issued out accordingly. This Court was adjourned to the third Wednesday in September next, at one of the clocke, vnless there be some vrgent occasion to call them sooner. 500 THE RECOKDS OF THE COLONY OP 1&" of September, 1685, the Court mett. PsESBNT, Symon Bradstreet, Es^, GoG, Tho Danforth, Es^), Dep* Go, Dani Gookin, "W" Stoughton, Joseph Dudley, Humphry Davy, Samuel Nowell, Sam Apleton, Elisha Cooke, "W™ Johnson, Jo Hathorn, Elisha Hutchinson, Sam Sewall. Courts order to "X TPON rumo' & informations given of new troubles feared to arise from ™gp™^j^g ° ' tli6 Indeans, that the country may not be vi^anting in all due meanes souidjers being £qj. ^jjgij- necessary safety & defence in case of the breaking forth of warr, or prouided w"" am-'i", &c. assault made by the Indeans, it is ordered, that the majo'' generall forthwith issue out his warrants to the majo''s of the respective regiments, that they direct their warrants to the coiSittees of the militia in the seuerall tounes vnder their comand to inquire into their toune stockes, how they are pro- vided, according to law, & to the captaines of the seuerall companyes to see that the souidjers vnder their coinand be furnished with armes & amunition, according to law, & to make returne of any defects in that kind, that the poenalty of the law may be inflicted on such as are delinquents, & due course taken for redresse thereof ; likewise, that the gentlemen heretofore chosen by this Court to the office of sarjant majors of the respective countyes, that haue not as yet officiated in that capacity, haue their coinissions forthwith draune & presented to them, that this Court maybe informed whither they doe accept of them or not, and in case of the refusall, that other provission be made for the setlement thereof. r*503.1 *The Court, being informed by Capt Henchman y' Wanalanset, & other Courts gratuity Indeans, complayne of offence offered them by transporting some of their & other Inde- f^einds, and that the sajd Wannalanset, & others, are not rewarded for service ans, in case, ^Q-yjr (Jonn US in the treaty late with the Indeans at Pennacooke, but not being sencible of any knowing or willfuU offence or wrong donn by this Court or THE MASSACHUSETTS BAY IN NEW ENGLAND. 501 the country to tlie Indeans, yet, for silencing of any murmurings or complaints 1685. by them, doe order, that the Treasurer advance tenn pounds in money & ^"^ ^ ~' . , . . , 16 September. cloathing, deliuer the same to y^ major generall. Cap? Thomas Hinchman, & M"^ Jonathan Ting, to be distributed by them amongst sajd Indeans, some ■writting bein draune vp to be presented to sajd Indeans at the same time to signe, for the rattifficactSn of an intire peace and amity betweene them & y® English. The Court, considering the necessity of couering the west stajre case of Toune house v 1 -111 1 1 • T • 1 n • ^ • ^^^^ Stajre case tne toune house with lead, — the wooden couering, being deficient, letts m to be couered the rajne, w""* decays the majne timber thereof, — it is ordered, that it be donn ^"' '^^'^■ w"' all speed, & that the Treasurer defray the charge thereof vpon the coun- trys accompt, & the rather in regard the toune of Boston haue long since couered the east stajre case of id house at their oune cost & charges. In ans"^ to the petition of Ednah Lambert, relict of the late Thomas Lam- Joseph Boyn- bert, constable of Rowley, it is ordered, that the sajd Joseph Boynton men- ^^ constable in tioned in sajd petition shall & hereby is impowred as a constable in all respects, l^o^W. &"■ as to the gathring in of such rates as yet remajne vnpajd, & should haue binn collected by the late deceased constable, & that the sajd Boynton take y* con- stables oath to the faithfull dischardge of that trust. John Eichards, Elisha Cooke, & Elisha Hutchinson, Esq^s, are appointed Comittee to . " . » rT takeM'Stod- a comittee & heereby impowred to repaire to M"^ Anthony Stoddard, the late dard, survey surveyo"" generall, & take his account of the amunition & countrys stocke & ^^ ^ accoun . store in his hands, & transferr the same to Capt Tymothy Prout, who is ap- Prout surveyor pointed surveyo'' generall in the sajd M"^ Stoddards roome. *It is ordered, that this session of Court be & heereby is ended, and [*504.] that there be a second session of Generall Court, to conyeane the second Wednesday in October next, at one of the clock. 502 THE RECORDS OF THE COLONY OP 1685. By the Govrno"- %■ Compay of the Massachusetts Bay in JVew England, at a Generall Court, on adjournment, held at Boston, the 14'" day of October, 1685, by the Gou'-no" 8r Company of the Massachusetts Bay in JV*. England. 14 October. Present, Symon Bradstreet, Es^, Go?, Tho Danforth, Es^), Dp* Go, Daniel Gookin, W" Staughton, Joseph Dudley, Nath Saltonstall, Humphry Davy, John Richards, Samuel Nowell, James Russell, ■ Es5>s Sam Appleton, Robert Pyke, Elisha Cooke, W™ Johnson, John Hathorn, Elisha Hutchinson, Sam Seawall, AS an addition to the law, title Imposts, it is ordered by this Court and the authority thereof, that all masters of shipps, or other vessells, that shall bring into our harbours any wines or strong water, the sajd masters shall, before they breake bulke, give a true and just account, vnder his or their hand, vnto the navall officer, of the quantity and sorts of caske he hath on board, with the markes and numbers of the same, & the persons names to whom it is consigned or doth belong, vpon forfeiture of paying the full duty appointed by law, if any be found which the sajd master gaue not account of; and that the ounce's or receivers of such wines or licquo's doe, before it be landed, make a true ^ with the officers of the full quantity, vpon forfeiture of what shall be found more then by them entred, or the value thereof; and that the ouners, or who such nines or licquo^'s are consigned to, doe pay doune or give, vnder theire hands, to the officer for the payment of the dutys in some convenient time, provided this bind the master no further then to enter all such goods for which he hath signed bills of lading ; and if any THE MASSACHUSETTS BAY IN NEW ENGLAND. 503 more appeare to be on board, taken in w"^out the masters knouledge, lie shall 16 8 5. haue liberty of a post entry. * ' ' -tiT-i , . „ 1 ■ ■ . 1 . , . . . W October. Whereas there is a generall complaint, in many tonnes withm this juris- ^^^ ^^ ^ diction, of great abuses offered and damag to particcular persons in the laying fences. open of theire propriety es by breaking or laying doune theire fences, barrs, or gates, for the ^vention of such disordrs & vnlawfuU actions for y^ future, — *It is ordered by this Court & the authority thereof, that any person or [*505.J persons who shall presume, from & after the publication heereof, to breake doune any fence, stone wall, or lay open any gates or barrs, breake or open any locks fastned to such gates or barrs standing vpon any mans propriety or enclosure, (vnless in case of standing vpon any mans propriety or in- closure, vnless in case of clayming and making out of title to such land,) which person or persons, vpon due conviction of such offence, shall be fined twenty shillings in money, one halfe to the vse of the county, the other halfe to the party injuried, and shall also be liable to pay all such damage as any person may susteyne in his propriety or inclosure thereby, to be judged of by the Court or other authority that shall haue the cognizance thereof, or other- uise to be recouered in a due process of law. It is ordered, that euery Treasurer, notwithstanding the expiration of Tresurers pow his office, shall haue as full power for the prosecution of the seuerall con- stables and collection of the rates and collection of the rates which were issued out & comitted to them in his time ; also, for the gathering in all other dues arising to the countrey by virtue of the lawes, ti? Imposts, and Impost on Wine and strong Licq^uo'^s, during his treasurership, as he was impowred to doe whilst in that office. It is ordered, that all attachments in civill actions between party and Time for actvU party shall be served fowerteen dayes inclusive before the Court or time of j^.^ j^ ^^^^^^^ tryall, any former law or custome to the contrary notwithstanding, and the "^ ^peaie li like to be attended in giving in reasons of appeale. As an adition to the law, title Wills, it is ordered by this Court and the Addition to y authority thereof, that the magistrates of each County Court in this jurisdic- g,~' tion, being annually chosen by the freemen, shall *haue full power & authority [*506.] (as the ordinary in England) to suinons any execcuto'^ or execcuto™ appointed to the will of any deceased person, who haue declared his or their acceptance of that trust by offering the sajd will for probate, or otheruise requiring him, her, or them to give bond, with sufficjent suretjes, for paying all debts and legacjes, or to make and exhibbit vnto the Court, vpon oath, a just and true inventory of all the knoune lands, tennements, goods, & chattells of the de- ceased ; and in case suche execcuto' or execcuto™ shall neglect or refuse so to 504 THE RECOKDS OF THE COLONY OF [*507.] Pouder mony, how & by whom to be improoved, &c. Ans' to Cap' Blackwells pe- tiCo. Humphry Bar- ret ensie, Con- cord. Joseph Hauley lef , & Timo. Baker ens., of Northampton compa. Ans' to M' An- tho. Checkleys petico. doe, sajd Court shall proceed against such person or persons by imposing a fine or fines vpon them, not exceeding tenn pounds p moneth for euery monthes default after the expiration of the time that shall be appointed by the sajd Court for bringin in an inventory ; and vpon complaint of any creditor or legatory, they shall call any execcuto'^ or execcuto" to render an account of his or their administration. And it is further ordered, that the sajd Court shall haue full power to receive any information or complaint from any legatee or credito'' against any execcuto' for the deteyning any legacy or any legacyes given by the testato"" or debt due from the sajd estate, and to grant sumon^ and process, as is vsuall in other cases, for the appearance of such execcuto' or execcuto™, at dayes and place assigned by the sajd Court ; and vpon neglect or refusall to appeare ac- cordingly, the Court shall proceed to the hearing of the complaint, and to make their decree and determination thereon, and to grant forth execution for the fuUfilling thereof; likeuise, to heare & determine all cases relating to wills and administrations, and to make theire decrees and grant executions there vpon, allowing to the party agreived liberty of appeale to the magis- trates of the next Court of Assistants, such partjes attending the law as in other cases respecting appeales ; alwayes provided, that where matter of fact is controverted, then either plaintiif or defendant may haue a tryall thereof by a jury, if it be desired, w"" liberty of appeale to the next Court of Assistants, as the law directs, any law, vsage, or custome to the contrary not-, withstanding. *The honno'^^'i" Governo'' hauing signified to the Court that there is a considerable sume of pouder mony in his hands perteyning to y" country, it is ordered, that the late Treasu"", M"^ James Russell, improove it for the buying of pouder for the vse of the country by the first & best oppertunity. In answer to the petition of Cap! John Blackwell, Es^, the Court granth his request, i. e., liberty to sett vp the two old houses y' he tooke doune in the yard belonging to the house he hath hired to his better sattisfaction, w*"* bricks, & couering them with shingles, &<3. Humphry Barrett is appointed ensigne to the fibote company in Concord. It is ordered, that M"" Joseph Hawley be leiftennt, & Timothy Baker ensigne, to the foote company of Northampton vnder the conduct of Aron Cooke, captain. In answer to the petition of M"" Anthony Checkley, the Court grants the petitioners request as to a hearing of the case mentioned, on the second day THE MASSACHUSETTS BAY IN NEW ENGLAND, 505 of the next sessions of this Court, at nine of the clocke in the morning, the* 1685. children of the mentioned Butle' & partjes concerned hauing notice given ' 1 . ^ . 21 October. them to attend their concernes & the Courts issue. Cap*" John Phillips hauing this day given in his fynall answer, & refused Sam. Nowel, to accept of the country* choyce for being Treasurer, Samuell Nowell, October, 1685. Es5>, is appointed by this Court to be Treasurer for this yeare & to next election, it being concluded y* y° act be not deamd donne to exempte for the future. In regard this Court haue already made their humble adresse to his maj'y, to be presented by the hand of Eobert Humfreys, Es^, who hath binn improoved to negotiate in England in behalfe of this colony, it is ordered, that a duplicate of that address, w*** an encouraging letter, to be sent to M' Hum- freys to attend his maj*^, to vnderstand his gracious acceptance thereof, & to signify the same to us, this being the next opp'tunity since the sendiag that forward. *It is ordered, that M' Nowell, M' Cooke, M' Addington, w"* the [*508.] secretary, are appointed to effect it. It is ordered, that there be one rate in country pay, and also halfe a rate li rates. in money, levyed this yeare for the dischardging of the country debts and necessary disbursments, & that the prises of come for y* payment of the country rates for this yeare shallbe : viz*, wheate at 5° 6* p bush, rye at 4% barly & barley mault at fower shillings sixe penc, Indian come at three shil- lings, pease at fower shillings, and oates at two shiUings ; all good & mer- chantable. It is ordered, that this Court be adjourned to the third Twesday in No- uember next, at one a clocke, except there shall happen some great occasion it should be convened sooner ; & so y* Court arose. VOL. V. 64 17 November. 506 THE RECORDS OF THE COLONY OF 1685. By the Governo'- 8r Company of the Massachusets Bay in JVew "^ — ' England. At a Generall Court, on adjourm\ held at Boston, 17'^ JVovemher, 1685, and then satt. Present, Symon Bradstreet, Es^*, Go, Thoo Danforth, Esqp, Dep* Go, W"" Stoughton, Joseph Dudley, Natti Saltonstall, John Richards, Sam Nowell, James Russell, Elisha Cooke, "W" Johnson, John Hathorne, Elisha Hutchinson, Sani Seawall. Dep*' as in y" book. IN answer to the petition of Jacob Elljot & Benjamin Dauis, humbly de- siring the Courts favo' to grant Abigail Dauis, y° relict of y' late W™ Dauis, liberty to erect a timber leantoo behind hir house at y" south end of Boston, the Court grants hir request therein. In answer to the peticSn of Joseph Sill, humbly desiring the Courts favour to grant him some lands where he can find it, hauing binn imployed in the country' service in y* late Indean warr, — Vpon the consideration that this Court hath already granted a plantation of eight miles square, in the Nepmug country, for the accomodating such as were souldiers in the late warr, w* whom the petitioner may haue liberty to come in for a setlement, if he thinke good. Sarjant Andrew Gardiner is appointed ensigne to the ffoote company in Boston, in Assaph Elljots roome, deceased. [•SOQ.l *Iji Ems'" to the motion & request of Majo' John Richards, Es^*, to sett up Ads' to Major a leantoo, or shed of tymber, at the end of his warehouse, on his wharfe, next Kich'ds re- . . , quest. the sea, the Court grants him liberty accordingly. AnswtoGeorg In answer to the petition of George Monck, the Court judgeth it meet to grant the petitioners request, i. e., liberty to errect a timber shed in the, or adjoyned to, y° comon, for provission for his cow, &6. THE MASSACHUSETTS BAY IN NEW ENGLAND. 507 In answer to the petition of Thomas Gardiner, of Muddy Kyuer, the 168 5. Court grants his request, & discharges him from his rate of forty shiUings "" ^ ' imposed on him for y« price of wast land, as desired in his peticbn. j^^, ^^ Thom- In answer to the petition of Thomas Joanes, the Court judgeth it meet *^ Gardiners peticon. to referr the answer of this petition to the County Coui-t of Mudlesex, to doe j^s< to Tho. in the matter as they shall judg meet according to law. ^°^^^ petition. Whereas it hath binn pleaded by the children of Stephen Butler, on the Inter Checkley Coui-ts begining to heare the case betwene Anthony Checkly, atturney to W" HoUowells children, & them, that they were surprized, & had not time to pro- cure those writtings that were necessary to the case depending, M"" Checkley also desiring that there might be a full house at the determination of the case, the case is respitted till the next session of this Court, vpon adjouf- ment, that so either party may haue libertje & oppertunity to furnish them- selues with such papers as may be for either of their advantage, and the time appointed to be the second day of the sitting of this Court, at nine of the clocke. This Court is adjourned vnto Twesday, the IG"" of February next, at one Courts act as of the clock, vnless any emergent occasion, as the arrivall of any shipp or J "™ • other vessell from England, bringing any comands from his maj'^ of publick concernment, doe call for their convening together sooner. Vpon the first certeine information thereof, the secretary is ordered forthwith to dispatch a signiffication *thereof in writting vnto the seuerall [*510.] members of this Court, to meet in Generall Court at Boston the seccond day after the date of such signiffication, by one of the clock, with such other deputjs as the ffreemen of the respective tounes shall see good to send and add to them ; vnto which time this Court is adjourned in such a case aforesajd. In case of the absence of the secretary, the Treasurer is to make supply. 508 THE RECOEDS OF THE COLONY OF 1685-6. By the GovTrixf 8f Company of the Massachusets Bay in Mw Eng- land. At a Generall Court, held at Boston, on adjourment, on the 16^ day of February, 1685. 16 February. Present, the GoGno', Dep* GoQ, Daniel Gookin, W"" Stoughton, Joseph Dudley, John Richards, Humphry Davy, Samuel Nowell, James Russell, Sam Apleton, • Elisha Cooke, W" Johnson, John Hathorn, Elisha Hutchinson, Sam Sewall, Esq's. S an explanation of & addition to the law, title Wills, — Whereas, the magestrates or members of the respective County Courts haue allwayes had power to receive & record all probates of wills, & of grant- ing administrations, &S, it is further ordered by this Cotirt and the authority thereof, that each County Court within this jurisdiction shall haue full power & authority, iFrom time to tjme, as they shall see cawse, to sumon any execcu- to' or execcuto™ of any deceased persons last will & testament, legally prooved & on record, to appeare before the sajd Court, and to require him, her, or them to make & exhibbit into the registry of the Court a just & true inven- tory, vpon oath, of all the knoune lands, teniements, goods, and chattells of the deceased, or to give bond with sufficient suertjes for the paying of all debts and legaties of the deceased. And in case such execcuto' or execcuto" shall neglect or refuse so to doe for the space of thirty dayes next after, or such further time that the sajd Court shall to them Ijmitt & appoint, the Court shall proceed aganst such persons, by imposing a fine or fines vpon them not exceeding tenn pounds p mo«eth for euery mon*''^ default after the expiration of sajd time so appointed, also vpon the complaint of any credito'' or legatory [*511.] to call any execcuto' to *render an accompt of his or their administration. A^ THE MASSACHUSETTS BAY IN NEW ENGLAND, 509 And it is further ordered by this Court & authority thereof, that the 1685-6. County Courts respectively shall haue full power to receive any information ' "^ , . ^ , ,. . 1 16 February. or complaint irom any legatory or credito'^ against the execcuto' or execcuto" Explanation & to the will of any deceased person, for the deteyning from him, hir, or them addition to y , ■' ° ' law, title WiU3 any legaty or legatys given by the testate', or debt due from the estate of such testators, and to grant forth sumons or process, together with a copy of sajd complaint or information annexed, for the appearance of such execcuto' or execcuto" before sajd Court, the sajd warrant, with the libell annexed, to be served fowerteen dayes inclusively before the day appointed for appearance ; and it shall be in the power of the Court to order the time of hearing at their first sessions, or at any adjournment of sajd Court as to them shall seeme meet. And vpon neglect or refusal of such person or persons to appeare accordingly, the Court shall proceed to the hearing of the case, and make their judgment or decree therein, & grant forth executions for the fuUfilling thereof; likewise to heare & determine all cases relateing vnto wills and administrations, and to grant forth executions vpon their judgment given therein. Allwayes prouided, that where matter of fact is controverted, then either Form' law, ti- tle Wills re- plain? or defendant, desiring the same before issue be joyned, may haue a tryall peaied. thereof by a jury to be forthwith somoned by warrant from sajd Court ; if there be no jury then empannelled, the sajd party or partjes making theire whole plea or allegation as to all matters of fact at their first hearing and answer, that justice may not be delayed, allowing liberty for any party agreeved at the judgment and determination of the Court, or virdict of the jury, to appeale to the next Court of Assistants, giving in their reasons of appeale as the law directs in either cases ; and euery person, before his com- plaint be received or admitted, shall give caution vnto the Court to valine of tenn pounds in *money to respond all such charges & fees as the Court shall [*512.] award, any law, vsage, or custome to the contrary notwithstanding, provided, that law shall not be vnderstood to deb'arr any person or persons from pro- ceeding in the former & vsuall course of law for the recouery of any debt or legacy due from the estate of the deceased person expressly determined by wUl. And the law intituled An Aditlon to the Law, title Wills, made October the fowerteenth, 1685, is heereby repealed. This Court, considering how apparent the threatning hand of God is, by A day of hu- reason of the spreading of that infectious disease of the smalepox in some tounes in the country, together with other evills impending ourselues & the churches of Christ abroad, as also in the more than ordinary severity of the winter, & 510 THE RECORDS OF THE COLONY OF 1685-6. the losse of many of our cattell occasioned thereby, haue appointed the SS* ^ '' ' day of March next to be kept as a day of solemne humilliation & prayer throughout this colony, that wee may obteyne favour from God for the divert- ing these tokens of his anger, and his smiles towards us in the spring & seed time approaching, and to this end, doe recommend it to the elders & ministers of the respective churches to promote this worke on the sajd day, forbidding servile labour to all people w'Mn this jurisdiction thereon. Ans' to Man- In answer to the petition of the toune of Manchester, the Court judgeth Chester peti- . ., i i • /• i -it.- tiononfile. it meet to recommend the petitioners to the charity ot the neighboring churches & congregations to aiFoord them some present releife & assistance. Ans' to Edw* The Court, on the motion of M"^ Edward Broomfeild, doe grant him co"°™ ^' ^^ ' liberty to erect a tjmber porch to his house, not exceeding eight foot wide & tenn foote long. Aus' to "Wren- In answer to the petition of the inhabitants of Wrentham, humbly desir- & J" liberty, ^^g the favo' of this Court, (their comittee hauing consented to & approoved of their desire therein,) it is ordered, that they haue liberty to choose their select men to order their prudentiall affajres. M' Sam. M' Samuel Checkley, being nominated by the comittee of militia to be to Cap' Wings cnsigne to Capt° Wings company, the Court doth allow & approove thereof. •^"""P^- *ror asmuch as James Russell, Es^, navall officer, doth declaim to the L oLo.j Court his desire to be freed from that trust, his desire is therein granted ; and Esq' navall ' ^^ ^® Ordered, that Samuel Nowel, Es^, be the navall officer, & excercise that officer. trust vntill this Court take further order, & to be comissionated & sworne as the law directs. Ans' to Jer. In answer to the peticSn of Jerremiah Neele, of Salem, it is ordered, adm-'^'toNath *^^* ^^® petitioner be referred to the County Court of Essex to inspect the Pitmans es- matter of the petitioner, & if they find it necessary, as is presented, they are hereby impowred to grant the petitioner liberty to make ^ of so much of the land as maybe necessary to sattisfy y* debts. Ans' to Martha In answer to the petition of Martha Athy, late relict of Abraham Smith, & administratrix to his estate, it is ordered, that the petitioner be referred to the County Court of Midlesex, she euidencing that there are just debts owing from the estate of her late husband more then the mooveables will reach, to sattisfy ; that, then, they appoint a comittee to sett out such a a part of y" land (to the least detriment of the remayning estate) as shall amount to the sajd sume, which the petitioner is impowred to make sale of for discharge of sajd debts. Ans' to Natick i^ answer to the petition of the inhabitants of Natick, James Eumly Indians peti- 'J tion, &c. Marsh, Peter Ephraim, Thomas Tra, &6, Indeans, the Court, hauing pervsed THE MASSACHUSETTS BAY IN NEW ENGLAND. 511 the peticbn, judge meet to grant their request therein mentioned, to give or 168 5-6. sell a tract of land to Thomas Sawin, to errect a corn mill in their toune, "■ „ . . 16 February. vpland & meadow, not exceeding fifty acres, Majo"^ Gen Gookm approoving thereof. In ans' to y" peticSn of "W™ Lyon, nothing donn as to a Ijcense. In ans'^ to the petition of Jn° Langley, it is ordered, that, whereas John Langley, of Hingham, hath presented his accompt of charges in mainteyning & looking after Patrick Bymion, a wounded seaman, lodging at his house, amounting to the suine of thirty one pounds seventen shillings, that he be forthwith payd fiue pounds in money by the Treasurer towards sajd charge, and Capt Jn° Holbrooke, Lef ? Samuell White, of Weymouth, with Cap' Jn° Jacob, of Hingham, be a comittee to audit & examine the acco, & to make report thereof to the country Treasurer, & he to take care of y^ payment hereof w"" what speed may be. Acco* was, — Patrick Bymion, deb? to 50 weekes djet, & dressing his wounds. Washing & lodging, at his house, 29 00 00 For 3 journeys to Boston, & medicines, at 2 17 00 P Conta. Country credit, at 06 000 12 X X X . *In ans' to the petition of Samuel Eead, of Charls Toune, a wounded [*514.J souldjer, it is ordered, that Ensigne James Conuers, M' Job Lane, & Cap? Jerremiah Swajne, together with the selectmen of Charls Toune, inquire into the condition of Samll Read, & make report thereof vnto the next session of this Court. It is ordered, that Elisha Cooke & Elisha Hutchinson, Es^s, with Capt" Timothy Prout, Cap? Jn" Holbrooke, & Leiften' Samuel White, be a comittee & impowred to vejw the bidldings on the lands formerly Benja Wards, now in the possession of Steven Butler, & to informe themselue, by the best wayes & means they can, what charges & reparations the sajd Butler hath disbursed vpon them, and what the sajd buildings are, better or worse, since they came into the possession of the sajd Butler, and to make report to the next sessions of this Court. This Court is adjournd vnto Tuesday, y' 11"^ of May next, at eight of the clocke, vpon the same condittion of being called in case as is provided for in y" last adjournm"*, in euery respect. 512 THE EECOEDS OF THE COLONY OF 1686. *By the Govrno' 8r Company of the Massachusetts Bay in Jfew Eng- ' ^ ' land. At y' Gen Courts adjornment, held in Boston, W May, 1686. [ ^1^-] ^T^HE comittee made their returnes of what was comitted to them as to the J_ refferenc relating to y" case begun of M' Antho Checkley, attumy to y* HoUoway & Stephen, Butlers children. By the Gouerno'^ & Company of the Massachusetts Bay in New England. 0To all to whom these presents shall come & may concerne, greeting. Know yee, that, whereas the honnored Generall Court of the abouesajd colony hath appointed vs, whose names are here- SYMON BRADSTEEET, Gou. ^^^^j. written, as a comittee to take in the accompts of James Russell, late Treasurer, for the yeare one thousand six hundred eighty & fower, and give the sajd Treasurer a ffuU discharge therevpon, with the seale of the colony affixed therevnto, therefore, by virtue of the power comitted to vs by the honored Court, in the behalfe of the Gouerno'' & Company aboue sajd, bearing date the ST"* day of May last, wee haue pervsed and examined his accompts, and finde the countryes credit for rates, fines, & imposts, &d, since his former accompt, amounts to the suine of nine hundred sixty two pounds one shilling & two pence in country pay, & eighteen hundred eighty fower pounds two shillings & eight pence mony, which wee finde to be all disbursed and payd for the vse of the abouesajd Massachusetts colony, and the sajd accompts adjusted and ballanced to our sattisfaction ; and wee doe therefore, in the behalfe of the Gouerno"^ & Com- pany abouesajd, by these presents, ffuUy and absolutely remise, release, and for euer acq[uitt and discharge the aforesajd James Russell, late Treasurer, his heires, execcuto's, & administrator from all rates, fines, recconings, ac- compts, receipts, and imposts, and all other transactions referring to the aboue- sajd colony and the sajd Russell, as Treasurer of the same, from the begining of the world to the day of the date hereof, by reason of any matter or thing whatsoeuer relateing to his sajd office, or touching & concerning the same. In testimony whereof, wee haue herevnto sett our hands. Dated in Boston, the eleventh day of May, anno Domini 16 hundred eighty sixe, annoq, regnj Regis Jacobj secundj, Angljee, &6, secuudo. This ac(iuittance signed by JOHN RICHARDS, ELISHA COOKE, JOHN SAEFYN, EDWARD MORRIS. THE MASSACHUSETTS BAY IN NEW ENGLAND. This acquittance & discharge of the GoQno' & Company of the Massa- chusetts Bay in New England to James Russell, late Treasurer, stands thus entred & recorded in the Generall Courts booke of reccords, at request of the sajd James Russell, from the day of the date hereof, 11*'' May, 1686. Attests EDW° RAWSON, Secret [Page *516 is blank.] 11 May. *By the GovJ'nd' 8f Company of the Massachusetts Bay in JVew ^[*517.] England. At a Generall Court far Elections, held at Boston, ^^ '^^'^■ 12^ of May, 1686. SYMON BRADSTREET, Esgp, was chosen Gofino' for y» yeare ensuing, & tooke his oath y^ same day. Thomas Danforth, Esq^, was also chosen Dep' GoQ, & tooke his oath at y^ Goilno' house y* same day. Daniel Gookin, Esq), 1 & also Majo'^ Gefill. ^^^^John Pynchon, W™ Stoughton, 1 Coinissi, Nathan! Saltonstall, Humphry Davy, John Richards, Samuel Nowell, James Russell, Peter Tylton, Sam Apleton, Robert Pyke, Elisha Cooke, W"" Johnson, Jn° Hathorne, Elisha Hutchinson, Saffi Sewall, M'' Isack Addington, Cap? Jn" Smith, Edward Rawson was chosen Secret, & tooke his oath 13 May. VOL. V. 65 [ Seale. j & Comission' & Treasurer, & took his oath the 13 May. Esq>s, were chosen Assistants, & took all their oathes to their places y' day & y« next, excepting M"" Stoughton & M"^ Pynchon, then absent, &5. 13 May. 514 THE RECOEDS OP THE COLONY OF 13 May. 1686. The names of the deputjes returnd to serve at this Court were, from Salem : Lef ? Jn° Putman. Charls To : Capt Rich'^ Sprague, Cap? Jn" Phillips. Dorch : M' "W-" Sumner. Boston : Cap? Tim° Prout, M' John Saffyn, Capt" Penn Tounsend. Roxbury : M' Edw'' Morris. Water : M' Symon Stone. Cambf : Lef ? Edw* Winship, M' Samuel Champney. Lyn : Leifteniit Oliuer Purchis. Ipswich : Cap? Daniel Epps, M' Symon Stacy. Newbe : M"' Richd Bartlett, Lef ? Stephen Greenleafe. • Weymo'h : Cap? Jn° HoUbrooke. M"^ Edward Oakes for Concord. Lef ? Nathanl Sternes, Ensig Thomas Fuller, Dedham. M' Jn° Peirson, M' Jn° Todd, Rowley. M"^ Samuel Tompson, Braintry. Ensigne James Convers, M"^ Mathew Johnson, "Wooborne. M' Peter Ayres, Hauerill. M"^ Medad Pumroy, Northampton. M' Samuel Partrig, M'' Thomas "West, Hadley. Cap? W" Raymon, Beuerly. Cap? Jerre Swajne, Redding. M' James Steephens, Glocester. Cap? Thomas Fiske, Wenham. Lef ? Thomas Thirston, Meadfeild. Lef ? Thomas Baker, Topsfeild, M' Abraham Reddington. As returnd. M"^ John Saffin was chosen their Speaker for this session. [*518.] *In ans' to the petition of M' John Clarke, of Boston, a chirurgeon, the M-'jn" Ckrke ^°^^^ j^dgeth it meet totally & absolutely to remitt the forfeiture of his bond pet. of two hundred pounds, 9,ccording to his desire, w* past 21 M'ch, 168|, & being omitted by y® secretary then to enter it, the secretary is ordered by y" magis's to enter it forthwith, w* is thus here donne. Comitteetore- It is ordered, that M'' Humphry Davy & M^ Treasurer give the Reuend tume y« Courts ... thanka to M' M' Michael "Wigglesworth the thanks of this Court for his sermon on Wednes- igg eswor . ^g^y. -y^^^ ^ ^^ desire him speedily to prepare the same for the presse, adding THE MASSACHUSETTS BAY IN NEW ENGLAND. 515 thereto what he had not then time to dehuer, the Court judging that the print- 16 8 6. ing of it will be for publick bennefitt. ' ' ' 13 May, In answer to the petition of Joshua Scottow, the Court grants the pe- Arte' titioner fiue hundred acres of land more, as an addition to the four hundred Scottows pet acres formerly granted, & to be in the same place, & on the same conditions, in full of all demands. This may informe the much honno'^ed Generall Court that this tract of Edw« Kawsons land of fiue hundred acres is exactly measured, the just quantity, as neere as ^^^ ^ may be, w*out fraud or deceite. The plott is lajd doune by protacter, scale, Proved. & compass, according to art. The first angle, a white oake by the corner of the meadow : this Ijne runns south, 5 degrees to the west, three hundred and twenty rods, meadow, in 2 parcells, a twenty or thirty acres, & writt bad land a great deale. The second angle, a white oake by a swampe : this Ijne runns east, 5 degrees to the south, two hundred & fiuety rods. 3. This Ijne or angle, vpon a right line, north, fiue degrees to the east, 320 rods, & judge half the farme good stony land. The 4 Ijne runns west from a chestnut tree on the side of it j a hill in it called Ashants Hill ; a brooke runns through it called Cold Harbo'' Brook ; runns west, 5 degrees to the north, two hundred & fiuety rods. This land lyeth between Marlborough, Lancaster, & Worces- ter, & is a grant of the much honnored Generall Court to M"^ Edward Rawson-,. Secretary. By me, JOHN HEYNES, of Sudbury. The Court approoves of this survey & returne. As attests HUMPHEY DAVY, p order. In ans'^ to the petition of Benjamin Bosworth, the Court grants the pe- Ans' to Benj. titioner two hundred acres of land where it maybe found free from any other ^j^^^ ^* grant, & not hindering the setlement of a plantation, making returne to the Generall Court for further confirmation, as y" law directs. In answer to the peticon of Elizabeth Hobson, the Court judgeth it meet Ans' to Elisa to referr the matter to the examination & inspection of the County Court in ° ^""^ ^^ ' Essex, & to act therein for the releife of the widdow as they in their wisdome shall deeme legall & necessary. [*519.] *Gent" : 20 May. "Wee haue pervsed what vow left w*** us as a true coppy of his maj'-i^s com- '^°^^ "piy te ■^ "^ his maj'y co- mission, shewed to us the 17* instant, impowring yow for the gouerning mission's, &5. 516 THE EECORDS OF THE COLONY OF of his maj'jes subjects inhabitting this colony, and other places therein men tioned. Yow then applyed yourselues to vs, not as a GoQno' & Company, but (as yo-w were pleased to terme us) some of the principall gentlemen and cheife of the inhabitants of the seuerall tounes of the Massachusetts, amongst other discourse saying it concerned us to consider what there might be thought hard & vneasy. 1. Vpon pervsall whereof wee finde, as wee conceiue, first, that there is no certejne determinate rule for your administration of justice, & that which is seemes to be too arbitrary. 2'y. That the subjects are abridged of their liberty as Englishmen, both in the matter of legislation and in the laying of taxes, and indeed the whole vnqu£estioned priviledge of the subject transferred vpon yourselues, there being not the least mention of an assembly in the comission. And therefore wee thinke it highly concernes yow to consider whither such a comission be safe, either for yow or us ; but if yow are so sattisfied therein as that you hold yourselues oblejdged thereby, and do take vpon you the government of this people, although wee cannot give our assent thereto, yet hope shall demeane ourselves as true & loyall subjects to his maj'^, and humbly make our addresses vnto God, &, in due time, to our gracious prince, for our releife. Past by the whole Court, nemine contradicentes. By order, EDW" RAWSON, Secret. m^ May, 1686. Superscribed, — These for Joseph Dudley, Es^, & the rest of the gent° named in his jjj^jties comission. r*520.1 *Ordered by this Court, that Samuel Nowell, Es^, M' Jn° Safiin, & Cap? Courts act & Timothy Prout be a coinittee for a repossitory of such papers on file with the order for a re- . . ^ . • ^ i pository of, &o. secretary as reierr to our charter, & negotiations, irom time to tjme, lor the security thereof, with such as referr to our title of our land, by purchase of Indeans or otherwise ; and the secretary is ordered accordingly to deliuer the same vnto them. Ans' to Abigail The Court, hauing pervsed the petition of Abigail Benjamen, judge meet to refferr the matter thereof to the next County Court of Midlesex to be duely examined, & they are heereby impowred to determin the case as they judge meet. Ans' to Tred- Jn answer to the petition of Nathaniel Tredwell & Jn° Warner, the ■well & "War- ners pet. Court judge meet to referr the matter thereof to the consideration of the 20 May. THE MASSACHUSETTS BAY IN NEW ENGLAND. 517 County Court in Essex to the matter thereof, & setle the estate for the just 1686. ends therein mentioned. In answer to the petition of John Shephard, of Concord, it is ordered, that, if it appeare by record that there was such a grant & survey & returne, & accepted by the deputjes, as is supposed by the petitioner, approoved of by the magistrates, & a fajleur in entrance, & he desiring that some of the inhabitants of Stow may appeare & f sent their objections, it is granted, that he & they haue the opportunity the next sessions of Court, & notice to be given ac- cordingly. This day the whole Court mett at the GoQno's house, & there the Court was adjourned to the seccond Wednesday in October next, at eight of the clocke in y* morning. MISCELLANEOUS RECORDS. MASSACHUSETTS RECORDS. MISCELLANEOUS ENTRIES CONTAINED IN THE FIFTH VOLUME OF EECOEDS. [In an unknown chirography.] Grant to William Blathwayt, Esq. 16 8 0. •i^HARLES the Second, by the grace of God, of England, Scotland, ^^^''^^ Vy France and Ireland, King, Defender of the Faith, &c% to all to whom these presents shall come, greeting. Know yee, that wee, out of our royall care of the good government and direction of our affaires in the remoter parts of the world, and particcularly takeing into our princely consideration how necessary it is for us to settle our revenues ariseing in and from our severall forreign dominions, islands, colonies, and plantations in America, and how much it would tend to the advantage of our service and benefitt of our sub- jects to make some better provision for the due payment to us, our heires, and successors, of our said revenues, and for the due and orderly takeing, examining, and stateing the accompts of all and every y* collectors, receivers, auditors, treasurers, subcollectors, and other inferiour officers, ministers, and persons to whom it shall or may appertaine or belong to act x x in or with the said collecting, levying, or receiving of any the sums of money growing or ariseing, and due and payable, unto us in x x any of our fforreign dominions in America, which will be effected and brought to pass by the erecting an office for the inspection, examination, and auditt of all and singular accompts of all monys ariseing & growing, due and payable, to us, and accrueing within our said dominions and colonies. Have, for the causes and reasons aforesaid, as also for divers other great and weighty causes and considerations us hereunto especially moveing, created, erected, and estab- lished, and by these presents, for us, our heires, and successors, do create, erect, and establish, an office of generall inspection, examination, and auditt of VOL. V. 66 (521) 522 MISCELLANEOUS KECORDS. all and singular accompts of all and every sum and sums of money ariseing and groweing, due and payable to us, and accrewing, or wliich shall arise and grow, become, due and payable to us, and accrew in or from any of our ffor- reigne dominions, colonies, and plantations in America ; and the chief oiEcer thereof shall be stiled & called y* Surveyor and Auditor Generall of all our [*2.] revenues ariseing in America. And *and know yee further, that wee, reposeing especial trust & confidence in the faithfulness, abilityes, and circum- spection of our trusty & well beloved subject William Blathwayt, Esq'', and for divers other good causes and considerations us thereunto especially mooving, of our especiall grace, certain knowledge, and meer motion, have given & granted, and by these presents do give and grant, unto the said "William Blathwayt the said oiEce of Surveyor and Auditor Generall of all our revenues ariseing in America. And wee do also give to him, the said William Blathwayt, full power and authority to inspect, examine, state, and auditt, and, with the allowance, authority, & consent of the lord high treasurer, comissioners of our treasury, or chancellour of the exchequer, for the time being, to determine all and singular accompts of all such rents, revenues, prizes, ffines, escheats, fforfeitures, duties, and profitts whatsoever as are by reason or cause of any matter or thing hapned or fallen since the begining of the first warr that was between us and the States Generall of the United Netherlands since our restauration, and not before, and which shall at any time hereafter happen, fiall, become, or be due, payable, or accrueing to us, our heires, and successors, dureing the continuance of this grant, in or from all or any of our said fibrreigne dominions, islands, colonies, or planta- tions in America,- as also by all lawfuU wayes and means to cause to be recovered and payd to the pper officers, to our use, all such rents, revenues, prizes, ffines, escheats, forfeitures, duties, and profitts as are now, or shallbe hereafter, due or owing to us, our heires, or successors, within or from our said ffiDrreign dominions in America, and to do and performe all and every such matter, cause, or thing in relation to the said accounts and revenues which to the office and places of our surveyor generall, or any our auditors of our exchequer in England, doth or may belong or appertaine as to our ax and revenues in England, and him, the said William Blathwayt, surveyor and auditor generall of the rents, duties, revenues, prizes, ffines, forfeitures, escheats, and profitts aforesaid. Wee do by these presents, for ns, our heires, [*3.] and successors, make, ordaine, and constitute, *To have, hold, enjoy, and excercise the said office of surveyor and auditor generall unto him, the said William Blathwayte, by himselfe or his sufficient deputy or deputies, for and dureing the time and so long as he shall well behave himselfe in y« s'^ office. MISCELLANEOUS RECOEDS. 523 19 May. And for the better encouragement of him, the said "William Blathwayt, dilli- 1680. gently and faithfully to execute the said office and employment of surveyor and auditor generall as aforesaid. Wee have given and granted, and by these presents do give and grant, for us, our heires, and successors, unto the said "William Blathwayt the annuity and yearly salary of five hundred pounds sterling, to have, hold, receive, and enjoy the said annuity or yearly salary of five hundred pounds sterling to him, the said "William Blathwayt, dureing his good behaviour in the said office, out of the said rents, revenues, prizes, ffines, forfeitures, escheats, duties, profitts, ariseing or growing, due or payable as aforesaid, in or from our said dominions, colonies, and plantations of America, by the hands of our treasurers, receivers, collectors, or other officers or per- sons for the times being, out of such of our treasure as shall be remaining in their hands, after and according to y* pportion following : that ^ t« say, out of all and any the rents and other the duties and profitts aforesaid, ariseing in or firom o'^ dominio and colonies of Virginia, the suine of one hundred pounds ; out of our Island of Barbadoes the sum of one hundred & fifty pounds ; out of our islands, comonly called the Leeward Charribby Islands, the sum of one hundred pounds ; and out of our Island of Jamaica the sum of one hundred and fifty pounds ; to be allowed them on their respective accounts, and to be received by the said "William Blathwayt, as aforesaid, quarterly, at the four most usuall feast dayes in the year, by even and equall portions, and the s* payment to commence from the Feast of the Annunciation of the blessed Virgin Mary last past. And wee do hereby authorize, wiU, and *direct all [ •*•] officers and persons whom it may concern to make due payment and allowance of the said annuity or salary of five hundred pounds sterling in manner as aforesaid, according to the purport, true intent, and meaning of these presents, for which the acquittance of the said "William Blathwayt, his execuP^s or administrators, shall be unto such officers and persons a sufficient discharge. And to the end the said office of surveyor and auditor generall may be duely and rightly executed, "Wee do hereby will and coinand the said William Blathwayt and his deputies to be obedient to and to observe such orders, rules, and directions for and concerning the same and relateing thereunto as the high treasurer of England or the comissioners of the treasury and the chancellor of the exchequer for the time being shall from time to time direct and appoint, which directions and orders shall be unto him, the said William Blathwayt, at all times, a good and sufficient warrant and discharge. And that he do deliver unto them respectively, from time to time, a faire and just state of all such accompts as he shall receive from the respective officers setled or established, or to be setled or established, within our said plantations, col- 524 MISCELLANEOUS RECORDS. 19 May. 1680. onies, and dominions in America afores'*; and that the said William Blathwayt '^' "^ do also from time to time offer and present to our high treasurer or cofnission- ers of y" treasury for the time being such proposalls and observations concern- ing our said duties and revenues as may any way tend to our service ; akd for the more effectuall execution and performance of the premises. Wee do hereby further impower and authorize the said William Blathwayt from time to time to constitute & appoint, by any writeing under his hand and seale, each inferior officers for the better expediteing and carrying on our service in relacon to the said office as by nomination, warrant, and direction from our high treasurer of England or comissioners of the treasury for the time being the said William Blathwayt shall be directed, and them from time to time to suspend, remove, & displace as to him, the said William Blathwayt, with the allowanc*! or direction of the lord treasurer or comissioners of the treasury for the time being shall be thought necessary and expedient. And whereas there is an auditor generall established by our authority within our colonie of Vir- [*5.] ginia. Wee do hereby especially provide and require that the *auditor generall of Virginia for the time being do, from time to time, transmitt and deliver unto the said William Blathwayt, his deputy or deputies, from time to time and at all times, the full and particular state of all accounts of monies ariseing or paya- ble within our said colonie as he, the said auditor of Virginia, shall and ought to receive the same from the respective collectors, receivors, and other officers lawfully appointed to collect, receive, and mannage our said revenue. And after the determinacon of the present grant or grants of the said office of auditor generall of Virginia, the said office is to be annexed, and wee do hereby annex the same, to the office of surveyor and auditor generall hereby erected ; And the same William Blathwayt, and his successors in the said office hereby erected, shall do and performe by themselves or deputies all the powers and authorities which are or ought to be executed at this present by the said auditor generall of Virginia. And, further, it is our express will and pleasure that by the name and title of rents, revenues, prizes, ffines, escheats, forfeitures, duties, and profitts, ariseing, due, and payable to us within our said dominion, be understood and comprized, to all intents and purposes, among other things, all and all manner of arrears of monyes, rents, revenues, prizes, and prize goods, fines, forfeitures, escheats, duties, and profitts which have arisen within our said dominions of America, and which are due, payable, and accomptable unto us, our heires, and successors, by any person or persons whatsoever, by cause or reason of any matter or thing hapned or done since the begining of the first warr that was between us and the States Generall of the United Netherlands since our restauration, and not before, and all that shall hereaftei MISCELLANEOUS RECORDS. 525 happen, fall, or become due to us, our helres, and successors, dureing the continuance of this grant, and also all seizures & forfeitures, since that time lawfully belonging, or which shall at any time hereafter belong, to us, our heires, and successors, by vertue of any law or statute of our kingdome of England, or other law which is or shall bee in force in any of our said domin- ions in America respectively, or by reason of any speciall license, grant, or charter held of us, whether the same be made on land or upon the sea, in any part or parts whatsoever, lying or scittuate, or comonly accounted or esteemed to be lying or scittuate, within the limitts and bounds of America aforesaid. And wee do hereby, *for us, our heires, and successors, require and coinand [*6.] all governors, deputy governors, councills, and coinanders in chiefe, and their and every of their subordinate officers and ministers respectively, and all and every collector, receiver, treasurer, and all other officers and persons whatso- ever of and appertaining to our said colonies and dominions in America from time to time, to observe, fulfill, and obey our will and pleasure in all things concerning the premises, and to be aiding, favouring, and assisting to the said William Blathwayt, his deputy or deputies, in the due execution thereof And wee do by these presents, for us, our heires, & successors, grant unto the said Wilham Blathwayt that these our letters patents, or the enrolement or exemplification thereof, shall be good and effectuall in the law, and shall be allowed of as well in all Courts of record & elswhere within our realm of England, as also within any of our islands, plantacons, territories, and domin- ions whatsoever, for his, the said William Blathwayts, haveing, excerciseing, and injoying the said office & annuity or salary, according to the purport and true intent of these presents, without any further or other warrant in y* behalf. And, lastly, it is pvided, intended, and declared, that these pres- ents, or any thing therein contained, shall not extend, or be construed to extend, to impower the said William Blathwayt, or any other person or per- sons whatsoever, to act or intermeddle in or with the customes, imposts, or duties ariseing here in England for or upon any wares, goods, & merchandizes imported into this kingdome from our said islands, colonies, plantac6ns in America, or with any bond or obligacon taken, or to be taken, in pursuance of any act of Parliament at any time heretofore made in England, or with any rates or duties payable unto us for goods transported from one plantacbn to another, by vertue of an act of Parliament made in the twenty -fifth year of our raigne, any thing herein contained to the contrary notwithstanding. Al- though express mencon of the true yearly value or quantity of the premises, or of any of them, or of any other guifts or grants by us, or by any of our progenitors or predecessors heretofore made to the said William Blathwayt in 526 MISCELLANEOUS RECOKDS. 19 May. [*7.] 1680. these f>sents, is not made, or any statute, ordinance, provision, proclamation, or *restriction heretofore had, made, enacted, ordained, or provided, or any other matter, cause, or thing whatsoever to the contrary in any wise notwith- standing. In Witnes whereof wee have caused these our letters to be made patents. Witnes ourself, at "Westminster, the nineteenth day of May, in the two and thirtyeth year of our reigne. By writt of privy scale, PIGOT. Broad scale appending. Endorsed- A duplicate of a grant to "William Blathwayt, Esq['. PIGOTT. [The following attestation is in the handwriting of Secretary Rawson.] The duplicate of his maj'jes grant to Willjam Blathwayt, Es^, conteyned in two sheetes of parchment, annext w"^ the broad scale of England in yellow wax, so signed, stand here entred, being compared w"^ its originall, at request of Edward Randolph, Escp. As attests ED"WAED EA"WSON, Secre?. 1681. '^^^ Deputation of William Blathwayt, Esq., to Edward Randolph, Esq. 15 October. '^" *° unknown chirography.] TO ALL CHRISTIAN PEOPLE to whom these presents shall come. "William Blathwait, Esquire, Surveyor & Auditor Generall of all his maj"^^ revenues ariseing in America, sendeth greeting. Whereas his said maj''% King Charles the Second of England, &d, by his letters patents under the great scale of England, bearing date the nineteenth day of May, in the two & thirtyeth year of his reigne, did give and grant unto him, the said William Blathwayt, the office of surveyor and auditor general of his maj''*^ revenues ariseing in America, with full power and authority to inspect, examine, state, and auditt, and, with allowance and consent of the lord high treasurer, comissioners of the treasurie, and chancellor of y* ex- chequer for the time being, to determine all and singular accompts of all such rents, revenues, prizes, iEnes, escheats, iforfeitures, duties, & profitts whatso- 15 October. MISCELLAJJEOUS KEOORDS. 527 ever as are, by reason of any matter or thing, hapned or fallen since tlie 1681. begining of the first warr that was between his maj*y and the States General of the United Netherlands since his ma*'*' restauration, and not before, and which shall at any time hereafter become due or payable to his ma'y, his heires, and successors dureing the continuance of his said *letters patents in [*8.] or from all or any of his ma"^^ forreigne dominions, islands, colonies, and plan- tations in America, and by all lawfuU wayes and meanes to cause the same to be recovered and payd to the pper officers to his ma"'^^ use. To have and to hold, excercise and enjoy the sayd office to him, the said William Blath- wayt, by himself or his sufficient deputy or deputies, for and during the time and so long as he, the said William Blathwayt, should well behave himself in the sayd office, with further power in the sayd letters patents contained, for him, the said William Blathwayt, from time to time to constitute and appoint, by any writeing under his hand and scale, such inferior officers for the better expediteing and carrying on his ma*'"^ service in relation to the said office as by nomination, warrant, and direction from the lord high treasurer of England or comissioners of the treasury for the time being, he, the said William Blath- wayt, shall be directed ; and the said inferior officers from time to time suspend, remoove, and displace as to him, the said William Blathwayt, with allowance & direction of the lord treasurer and comissioners of the treasury for the time being shall be thought necessary and expedient. Now, know TEE, that the said William Blathwayt, for the more effectuall execution and performance of the premises, and for the better expediting & carrying on his ma'^'^ service, hath, by the nomination, warrant, and direction of the right hono*"'* the lords comissioners of the treasury, constituted and appointed, and doth by these presents constitute and appoint, his trusty and well beloved Edwakd Randolph, Esutjike, to be his deputy and under officer within all and any of the colonies of New England, (his maj'^^^ colonic of New Hampshire onely excepted,) for the purposes and to the ends hereafter mentioned, and no other ; that is to say, that he, the said Edward Randolph, shall, and the said William Blathwayt doth hereby give and grant full power and authority to the said Edward Randolph, to inspect, examine, and state all accounts of all such rents, revenues, prizes, ffines, escheats, seizures, ffi)rfeitures, duties, and profitts whatsoever as are by reason or cause of any matter or thing hapned or fallen since the begiiiing of the said first warr that was between his maj'y and the said States General! since his ma'^ *restauration, and not before, [*9.] or which at any time from and after the date of the said letters patents have hapned, fallen, or which shall hereafter happen, fall, become due, or be paya- 15 October. 528 MISCELLANEOUS EECOKDS. 1681. ble or accrueing unto his said ma*'", his heires, & successors, within all or any of the said colonies of New England, (except New Hampshire,) or any of the precincts or limits of the same, with full power and authority to and for him, the said Edward Eandolph, by all lawful! wayes & meanes to cause to be recovered and paid unto the pper officers, to his ma*''^^ use, all such rents, revenues, duties, and profitts aforesaid as have accrued to his ma*^ since y° begining of the said fRrst warr, or shall hereafter accrue unto his ma'^, his heires, and successors, within the said colonies of New England, (except the Province of New Hampshire aforesaid,) and have not been, or shall not be, answered, satisfyed, and payd to the pper officers, to his ma*'"^ use, to have and to hold the said deputyship, or under office, unto the said Edward Ean- dolph, so long as to him, the said William Blathwayt, shall please and be by him thought fitt. And the said William Blathwayt doth hereby require from the said Edward Eandolph, and the said Edward Eandolph doth by his acceptance of this present grant agree to and with the said WilUam Blathwayt, that he, the said Edward Eandolph, shall, once in every six months, or oftner, dureing which he shall execute the said under office, or be deputy to the said William Blathwayt, by vertue of these presents transmit and send over to him, the s'* William Blathwayt, fairly written, and by the said Edward Ean- dolph under his hand attested, all such accompts as he, the said Edward Eandolph, shall before that time have inspected, examined, and stated, and which have not been by him formerly transmitted and sent over to the said William Blathwayt, of the rents, revenues, duties, and profitts aforesaid, & duplicates thereof by the next conveyance, and shall at the same time, certify and make known to the said William Blathwayt all such suin and sums of mony, if any such shall be, as he hath by the wayes and meanes aforesaid caused to be recovered and payd to the pper officers, to his ma**"* use, and which hath not been formerly certified and made known to him, the said William Blathwayt, and shall, in all and every other matter and thing relateing to the said office, observe such rules and instructions as the said William Blathwayt shall at any time or times give or transmit unto him. [*10.] And, lastly, the said William Blathwayt by ^ *hereby ratify, confirm, and allow all and every act & acts, thing and things, w* shall be done and exe- cuted by the said Edward Eandolph as deputy and under officer to the said William Blathwayt by vertue of these presents, and doth hereby grant that they and every of them shall be of equall force and authority as if they had been done, executed, and performed by the said William Blathwayt himself in his pper person. In witness whereof I have herevnto put my hand and MISCELLANEOUS EECOKDS. 629 seale, this fifteenth day of October, in the yeare of our Lord God 1681, and 1681. in the three and thirtyeth yeare of the reign of our soveraign lord. King " "> Charles the Second, over England, &c*. WILLIAM BLATHWAYT. Signed, sealed, and delivered, in y^ ^N. the presence of J ^ Seaie. ] Barth: Burton, V / Jo. Thurston, B. Sargeant. Wee do hereby nominate Edward Randolph, Esq', to be deputy of William Blathwayt, Esq'', in the oiEce of surveyor and auditor general of his ma^Ues revenues, ariseing in all or any of the colonies of New England, (except the colonic of New Hampshire,) or any of the precincts or limits of y* same, and accordingly direct y° said William Blathwayt to constitute & appoint him, y*' s'^ Edward Randolph, his lawfuU deputy in the execution thereof, pursuant to his maj^^ letters patents in that behalfe. From the Treasury Chambers, in White Hall, this fifteenth day of October, 1681. J: ERNLE, ED: BERING, STE: FOX, S: GODOLPHIN. ■ [The following attestation is in the handwriting of Secretary Eawson.] The deputation of W™ Blathwayt, Esq', conteined in the fewer foregoing pages, so signed, sealed, and witnessed as his act, to Edward Randolph, Esq', making him his deputy, stands entred & recorded, word for word, in the Courts booke of records, at the request of sajd Edward Randolph, Esq', being compared w*'' the original. As attests EDWARD RAWSON, Secret VOL. V. 67 530 MISCELLANEOUS BECORDS. 1682-3. Certificate of the Appointment of William Dyre, Esq., Surveyor . , General of Customs. i January. •' [In the handwriting of Secretary Rawson.] [*ll.j ^ s^ *X'TT'EE, the comissioners for mannaging and caus- T I ing to be surueyed and collected his majestjes customs, subsidies, and other dutjes, in England, doe heereby signifye that Willjam Dyre, Esq^', is appointed our surveyor gennerall of his majestjes customes in his seuerall colonjes and plantations in America, arising and growing due by virtue of an act of Parljament made in the SS"" yeare of his maj'J^^ reigne, intituled An Act for Incouraging the East Land and Greene Land Trades, and for better securing the plantation trade. And heereof the respective collector and comp" in the sajd colonjes and plantation, and all other persons concerned, are required to take notice. In testimony whereof wee haue caused the seale of the custome house, London, to be herevnto affixed. Given vnder our hands, the fowerth day of January, in the 34"* yeare of 'the reigne of King Charles the Second, Annoq, Domin 1682. N: BUTLER, AND: NEWPORT, CH: CHEYNE, G: DOWNING. 1684. That this aboue written is a true copie, so signed & a seale, produced in ' » ' Generall Court, & there read, 18* of Sept*^"", 1684, & therewith compared, & 18 September. Stands thus entred & recorded at request of sajd M' W™ Dyre & ord' of -f GoOno'. Attests EDWARD RAWSON, Secret MISCELLANEOUS RECORDS. 531 Power of Attorney from John Awassamug to Thomas Awassomug. 1684. [In the handwriting of Secretary Rawson.] IN the yeare of our Lord one thousand sixe hundred eighty fower. Decern^ the first, John Awassamug, of Naticke, now not like to continue long before his decease, and not able to looke after the Indean title that yet do remaine vnpajd for by English proprietors, do heereby acknouledge Thomas Awassamug, my naturall son, my naturall hejre, and betrust and impower him in my stead to sell, bargaine, and aljenate any of that land the Indean title of which do yet belong to me, according x the sagamore title. I doe impower and betrust sajd Thomas, my son, to sell to any English propretours, persons or person, and to receive money or monys worth for title of any such lands, and to giue sufficient deeds to any such persons or person as shall buy the Indean title of him as shall secure from all other clajmes or clajme of any other Indean. hi& marke JOHN O AWOSOMUG. Deliuered in presence of Obadiah Morse, Peter be Ephrami. This stands thus entred and recorded here at the request of Thomas 1685. Awossomugk, this 21"' of April, 1685. ' ^i ' As attests EDWARD RAWSON, Se'crel. ^^ ^^"'' Deed of Conveyance from John Awassamoag and others to Thomas 168 4-5. Awassamoag. ' * ' 21 January, pn the handwriting of Secretary Bawson.] * I y NOW all men by these presents, that we, John Awassomoag, Samuell L '■'^•i m\. Awassamoag, John Mooqua, Peter Ephrajm, & Eleazer Pegan, In- deans of Natick, in the county of Middlesex, in New England, for reasons us therevnto mooving, haue giuen & granted, arid do by these ^ents grant, aljene, enfeoffe, assigne, make ouer, and confirme vnto Thomas Awassamoag, Indian, of the same toune and county aforesajd, all that oar whole native title, right, & interest in that tract of land lying, scittuate, and being betweene the bounds of Naticke, Charls Riuer, Marlborough, and a point of Blackstons Riuer beyond Mendon, al which sajd right, title, and interest in the sajd 532 MISCELLANEOUS RECOKDS. 168 4-5. land (that is not already legally disposed of) we, the sajd John Awassomoag, " ' ' Samuel Awassamoag, Joshua Awassamoag, John Mooqua, Peter Ephrajm, & Eleazer Pegan, do heereby avouch and declare to be, at the deliuery of these ^sents, our oune propper estate, and lawfully in our own power to alljenate & dispose of, it being our naturall right, descending to us from the cheife sachem Wuttawushan, vncle to the sajd John Awassamoage, Sen, who was the cheife sachem of sajd land, and nearely related to us al, as may be made appeare. And we do further warrant and assure the sajd right, title, and interest to the sajd Thomas Awassamoag, a good and sound estate of in- hseritance, together with all rights, members, appurtenances, libertjes, privi- ledges, uses, accomodations, profits, & comoditjes thereto belonging, or any way appertaining : To haue and to hold, to him, the sajd Thomas Awassa- moag, and to his heires, execcutors, administrators, and assignes, in peaceable possession for euer, free, acquitted and discharged of and from all manner of former gifts, grants, titles, suites, mortgages, leases, entajles, and al legaU molestation, interruption, and encumbrances whatsoeuer, from, by, or vnder us, the sajd John Awassamoag, Samll Awassamoag, Joshua Awassamoag, John Maqua, Peter Ephrami, & Eljazer Pegan, our heires, execc", administrators, or assignes, or any other person or person whatsoeuer, by, from, or vnder us, or any of us. And wee do further couenant and promyse to do, at the charge of the sajd Thomas Awassamoag, any further act or acts, thing or things, that may any way tend to the further setling and confirming of the aboue sajd right and interest to and vpon the sajd Thomas Awassamog, his heires, ex- eccutors, administrators, or assignes, whensoeuer we are reasonably thereto requested. And wee do hereby render and giue seizure and lawful! possession of al the sajd rights, titles, and interests ; and for the true and full performance of all & singular the ^misses, we, the aboue named John Awassomoage, Sameuel Awassamoag, Joshua Awassamoag, John Mooqua, Peter Ephrajm, & Eleazer Pegan, haue to this instrument set to our hands & scales the 21 January, 1684. .his mrk JOHN MOO a QUA, & scale. his mrk JOHN AWASSAMOAG, & scale. his mrk Signed, sealed, & deliuered, SAM^^- Q AWASSAMOAG, & scale, in the presence of us PETER Pe EPHRAIM, & a seale. Edw: West, Bnonj: Learned. 18 Febraary. John Mooqua, Sam: Awossomoge, & Peter Ephrajm appeared in Court, MISCELLANEOUS KEOORDS. 533 at Natick, & acknowledged y' writing to be their act & deed, & y» they set to 1 6 8 4-5. their hands & seales to it, Feb' 18, 1684. ' " ' 18 February. As attests DANIEL GOOKIN, Sen. Entred & recorded at request of Thomas Awassomoag, ^l"* Aprill, 1685. 16 85. Y- p EDW" BAWSON, Secre?. 21 April. Deed of Conveyance from Thomas Awassomoag to Edward Rawson. [In the handwriting of Secretary'Rawson.] •mo ALL CHEISTIAN PEOPLE to whom this ^ent deed shall come, [*13.] JL Thomas Awassomoag, son & heire of John Awassomoag, late of 21 April. Naticke, in the county of Middlesex, in New England, send greeting. Ejiow yee, that I, Thomas Awassomoag, for and in consideration of the sume of fowerteen pounds of good and lawfuU money of New England, to me in hand pajd by M' Edward Rawson, of Boston, in the county of Suffolke, iu New England aforesajd, gen'°, the receipt whereof I do heereby oune and acknowledge, and therewith to be fully contented & payd, and thereof and of euery parte thereof doe exonnerate, acquitt, and dischardge him, the sajd M"^ Edward Eawson, his heires, execcut™, & administrators for euer, by these ^sents, haue giTcn, granted, bargained, sold, alljened, enfeoffed, and confirmed, and by these ^sents doth giue, grant, bargaine, sell, alljene, en- feoffe, & confirme unto him, the sajd M"^ Edward Eawson, all that his tract of land, being about two thousand acres, more or lesse, which he bought and purchased of John Awassamoag, Samuell Awassamoag, John Mooqua, Peter Ephralm, and Eleazer Pegan, Indians & inhabitants of Natick, as p deed of sale vnder their hands & seales, bearing date January the SI"", 1684, and acknowledged in the Court of Natick before the worshipfuU Daniel Gookin, Esq>, February the *8, 168|, may appeare, the sajd land lying & being betweene the bounds of the tounes of Dedham southerly, of Mendon westerly, Sherborne northerly, Meadfeild easterly, with all meadows, woods, vnderwood, riuers, fishings & fishing places, libertjes & priviledges therevnto belonging or in any wise apperteyning, to haue & to hold the sajd peece or parcell of land of two thousand acres, more or less, lying betweene the bounds of fower tounes, viz', Dedham, Meadfeild, Mendon, & Sherborne, with all the meadows, woods, vnderwoods, rivers, ffishings, fishing places, with aU 534 MISCELLANEOUS RECOEDS. the llbertjes, rights, & priuiledges therevuto belonging, to him, the sajd Edward Eawson, his heires & assignes, foreuer, and to the only vse, bennefitt, and behooflfe of him, the sajd Edward Eawson, his heires and assignes, for- euer. *And the sajd Thomas Awassamoag doth himselfe, his heires, execcut", & administrators, heereby promise, couenant, & grant, to & with the sajd Edward Eawson, his heires and assigne, that, at the time of the ensealing of these gisents, he, the sajd Thomas, is the true and lawfull ouno"^ of the aboue bargained premisses, and of euery part and parcell thereof, and is lawfully seized of the same, and of euery part & parcell thereof, in his oune prop- per right, and hath in himselfe full power, right, & lawfull authority the same, & every part & parcell of the same, to sell, aljene, convey, and assuer vnto the sajd Edward Eawson, his heires and assignes, as a good, perfect, and absolute estate of inhseritance in fee simple, without any manner of reuersion or limitation whatsoeuer ; and that the sajd Edward Eawson, his heires and assignes, shall & may, by force and virtue of these ^sents, from time to time, & at all times, for euer hereafter, lawfully, peaceably, & quietly haue, hold, vse, occupy, possesse, and enjoy the aboue granted ^misses, with their appur- tenances & euery part thereof, free & cleere, & cleerely acquitted and dis- charged of & from all other gifts, grants, bargaines, sales, leases, mortgages, jojntures, dowers, judgments, executions, entajles, forfeitures, and of & from all other titles, troubles, or incumbrances whatsoeuer, had, made, comitted, done, or suffered to be done, by the aforesajd Thomas Awassamoag, his heires or assignes, at any time before the ensealing of these f sents ; and, further, that the sajd Thomas Awassamoag shall & will, from time to time, & at all times, both he & his execut" and admistrato's, the aboue granted ]^misses, with the appurtenances & euery part & parcell thereof, warrant and defend against against all persons whatsoeuer any wayes lawfully clayming the same or any parte or parcell of the same ; and that the sajd Thomas Awassamoag shall also make any further or ample assurance of the premisses whensoeuer called r* 15. 1 therevnto, and shall, with the atturney or order of the sajd Edward *Eawson, at some conuenient time, goe with & readily & truely shew him or them the more particular & exact bounds of the premisses that at this time is here inserted & described, and shall & will, at any time when called, give him or them full & quiet possession of the same. And, lastly, Abigaile, the wife of the sajd Thomas Awassamog, doth also hereby surrender, give vp, and quitt all hir right, title, & interest in and vnto the premisses, and euery part & parcell thereof, that she might, would, or could, clajme, demand, or challenge by way of dowry or otherwise. In testimony whereof, the sajd Thomas Awassamoag, & Abigaile, his wife, haue herevnto sett their hands & seales, this twenty-first MISCELLANEOUS KECOEDS. 535 day of Aprill, one thousand sixe hundred eighty & fiue, annoq, E. R'. Jacobj 1685. Secundj primo. ^'"'^ " The mark of 21 April THOMAS () AWASSAMOAG, & a scale. The m'ke of ABIGAILE V AWASSAMUG, & a seale. Endorst. Signed, sealed, & deliuered in ^sence of vs, after twelue words rased out of the ninth Ijne, & the words, ' of the toune of Dedham southerly, of Mendon westerly, Sherborne northerly, Meadfeild easterly,' enterljned in the same Ijne in the originall, the same day & yeare before written. HOPESTILL LEALAND, JONATHAN FAIRBANK. Under writt. Thomas Awassamug, Indian, and Abigaile, his wife, personally appearing, acknowledged this instrument to be their act & deed, Aprill 21, before me, SAMUELL SEAWALL, Asist. Entred & recorded here, this 4"* day of June, 1685. i June p EDWARD RAWSON, Secret. The Generall Courts allowance, &3, hereof, is recorded in their book on y* other end, at large, p. 487. 536 MISCELLANEOUS RECOEDS. 1674. ' Y ' 27 May. [*!•] Freemen of the Colony of the Massachusetts Bay in JVew England, 1674—1686. [The following lists contain the names of those who were admitted to the freedom of the colony between the twenty-seventh of May, 1674, and the sixteenth of February, 1685-6. They are marginal entries, and are in the handwriting of Secretary Bawson. The names of other persons who took the freeman's oath will be found in preceding pages.] *Names of such admitted to fireedom by y* Court, [27 May, 1674.] M' Daniel Epps, Ips. Ruben Luxford, Abell Porter. Tlio: Jacob, Andrew Boardman, Caleb Pumbrey, North Tho: Metcalf, Jn° Jackson, Hamp. Nico: "Wallis, Daniel Markham. Ebenezur White, Weym. Nathaniel Addams, Jn° Buss, Cone. Edw: Addamsj.Med. Nathan: Eust, Jacob French, Billir. Joseph "Wright, Tho: French, W" Seavje, Ports. Gershom Flagg, Jn° Lumpson. Obadiah Morse, Samuel Walker. Jn° Pebody, Tops. Tho: Harvie, James Thompson, Woob. Joseph Furnum, 1 ch. Antho: EUings, Israel Walker, Jn° Rugles, Sen', Eox. Eichard Sampson, Jn° Snow. Elnathan Chancy, [*15.] *Persons mad free at y« Court [7 October, 1674] were, — Samuel Douse, Ch. Elch: Sharpe, W"" Ingram, Tho: Bhgh, Bost. Tho: Smith, Dudley Bradstreet. 1675. 12 May. [•25.] *The names of the persons admitted to the ffreedome of this colony at this Court [12 May, 1675] were, — [*26.] John Valentine, Bost. Joseph Webb, Elisha Audljn, Sam: Ward, Jn°tha Bridgham, Peircy Clarke, John Dauis, Joshua Gee, Benja: Dyer, Edw: Thwing. Sam: Gardiner, Sal. Samuel Warner, Ip. Tho: Weld, Tho: Gittings, Syman Chapman, Nath: Warner. James Bracket, Br. Andrew Boardman, Cam. Ruben Luxford, Dani: Markeham, John Jackson, Ebenez"^ Wiswall, Cam. *Tho: OlHuer, Nehemiah Hubbard, Sam: Houlett, W"" Houlett. Mathew Austin, Yor. Nathaniel Masterson, John Seawall, John Eichardson, Sam: Sayer, New. Benj* Morse. Bernard Capen, Dorc. Jn° Mirriam. T-"" Wheeler, Cone. Joseph Whiting. Hen: Collins, Jun., Lyn. AUin Bread, Tho: Mighill. Israel Jenery, Mead. Nath: Gray. MISCELLANEOUS RECOKDS. 537 •Persons made free at y^ Court were readmitted to freedome [21 Feb., 1675-6.] 167 5-5 Jacob French, Billl. Tho: Eussell, Cha. Jn° Clifford, Hamp. Joseph Barret, Chelm. Liemach Amistreale. Tho: Dyer, Weymo. Jn" Tucker, Jn° Npyes, 3*, Bost. Natha: Willjam, Dani: Gookin, Jun., Camb. Jn" Pike, Salis. Hen: Trew, , Jn° Jeuet, Ips. Bob' Peirpoint. Jn" Atwood, Bost., 2*. Joseph Knight, Woo. Georg Abbot, And. Xtoph' Osgood, 21 February. [*70.] Tho: Osgood. * Persons made free this session [May 3, 1676] ■were, — M'' Sam: Alcock, Boston. John Goodwin. M'^ Dani: Bussell, Charls. Tim" Baker, Northam. Zech: Johnson, Joseph Person, Isaack Foule, Jn° Bridgman, Zech: Ferris, Judah Wright, Sam: Smith. M'' Jn° Youngloue, Hadly. Samuel Wentworth, Dov. 1676. 3 May. [*73.] *Persons admitted by this Court to freedom [11 October, 1676] were, — Richard Hall, Bradf. Jn" Jewet. Nehemia Allin. Dani: Hazeltine, Benja: Emons, Bo. S^ C. Jn° Knight, Charls. Jn° Hardy. Sam: Dauis, Northam. Jn" Douse. Jn° Hubbard, Ips. [*112.] 11 October. •Persons admitted to ffreedom by y' Court [23 May, 1677] are, — M' Jn» Price, Sal. Jn° Higginson, Ju., Jn" Hawthorn, Manasses Marston, Henry Kirry. M' Sam: Nowel, Charls T. Jn" Phillips, ^topher Goodin, James Millar, Jn° Blany. W"" Gibson, Bosto. 1 Ch. Nathani: Barnes, Edw* Ashley. Jn° Cadwell, Ips. Jn° Wales, Dorch. James Blake. Joseph Roads, Lyn. Jn" White, Rox. Jabez Fox, Camb. VOL. V. Jn° Rogers, Wey. Jn° Bayly. Nathani: Gay, Dedh. Tho: Aldridge, Nath: Kingsbery, Jn° Weare, W™ Avery. Jn° Hollioke, Spring. Sam: Stoddar, Hingh. Andrew Lane, Jn" Tucker. Rich'i Dumer, Jun., Newb. Hen: Short, Steph: Greenleaf, Jacob Toppan, Rich: Bartlet, Jun. Tho: Pearly, Rouley, 68 W"" Foster, Nath: Barker. Obadiah Morse, Meadf. Edw"i Addams, Eljaz'' Addams, Jnoth: Morse, Jos: Bulhn. Jn° Walker, Wooborn, Jn° Carter, Jn° Bearbenn. Frac: Fletcher, Concord, Timo: Wheeler, Jn"> Meriam, Sam: Jones. Sam: Lampson, Redding, Jn° Eaton, Henry Marrow, Sebred Taylor. 1677. 23 May. [*126.] 538 MISCELLANEOUS KECORDS. 1677. 10 October. [*146.] *The persons made or admitted to freedome at this Court [10 October, 1677] were, — John Clarke, B. Gilbert Cole, 3 C. Robert Butcher, Nathaniel Patten. Jn° "Wales, Sen., Dor. Sam: Hix, Henry Withengton. Amos Woodward, Cam. Dani: Champney. John Wells, Eox. Tho: Peirce, Woob. Jn" Smeadley, Cone. Joseph Boynton, Rou. Alexand' Sessions, Andi. Benja: Lincolne, Hing. John Chubbuck, John Fering, Tho: Gill, Jun. 1678. •Persons made ffree in May Court, 1678, — 1"' Ch. Bost. : Joseph Bridgham, Joshua Windsor. 2* Ch. : Jonas Clarke, Hen: Dauson, W" Way, Jn" Barnard, Tho: Barker, Jn" Goffe, W" Sumer. 3 Ch. : M' Peter That- cher, M' Sam: Seawall. Camb. : M"^ Elnath Chancey. Salem : Tim" Lyndall, Isack Foot, Roger Hill, W™ Barker, Edw: Read, Benj: Parmiter, Richr" RifF, Franc^ Girdler, Jn" MascoU, Walter Cloys. Ded. : Joseph Fairbank, Tho: Fisher, Sam: Guile, Benj: Miles, Joseph Wight, Josia Fisher, Rob* Weare, Jonath: Freeman. Hampt. : Jn" Clifford, W"* Fuller. Mauld. : Jn° Parker, Joseph Lynds. Meadf. : Dani: Thirston, Hull: Sam: Butler, Joseph Benson, Samuel Prince, Jn^th: Vickree. Dorch. : Tho: Toleman, Jn° Toleman, Nath: Glouer, James Foster, lucre: Sumner, Hope Clap, Jn" Baker, W" Ryall. Brant. : Josia: Chapen, Jos: Peniman, Sam: Penniman, Jos: Parmiter, Steph: Payne, Jun. Hing. : Jn° Lazell, Sam: Thaxter, Tho: Marsh. Bellir. : Jos. Walker, Tho: Patten, Sam: Frost, Obadia Perry. Westf. : M' Edw: Taylor, Jn» Maudsley. Spring. : Vickry Sike, Isa: Cakebread, Luke Hitchcoke. Woob. : Jn" Richardson. Red. : Tho: Bankroft, Jn" Tounsend. Weym. : Rich: Phillips, Sam: Humphry, Joseph Dyar. BeQly : Edm" Grouer, Nehem: Grouer, Isa: Woodbery, Hump: Woodbery, Robt : Bradbuth, Ric: Patch, Jn° Blatt, Jn" Richds, Jn° Patch. Milto. : Tho: Holman, Ephr: Tucker, Manasses Tucker. Hadl. : Tim" Nash, Tho: Hale, Jn° Russell — were all ad- mitted, 85. MISCELLANEOUS KEGORDS. 639 *Persons admitted to ffreedome at y' Court [2 October, 1678] were, — 1678. M' Isack Foster, Charls. Jonas Prescot, Jn° Bengilley, Ips. Tho: Reade, Jun. Enock Hubbard, Hing. W"' Addams, Sam: Man, Dedh. Joseph Freeman. Jn" Brewer, Sudb. Samll: Carter, Woob. Jn" Kendall, Jos: Wing. John Lynds, Mault. Jn" Greenland. 2 October. [*202.J *Freemen made at this session, [15 October, 1679.] 1679. M'^ Jn" Broune, Mathew Cushin, Jun., Joseph Lyon, Eox. 15 October. Benja: Fitch, Red. Hing. Jn° Dole, New. [*232.] Hananiah Parker, Jn° Smith, Jun., Sam: Butterick, Cone. Nath: Gooding, Danl: Cushin, Jn" Prescot. Peter Tuffts, Maid. Josia Leuet. Ephraim Winship, Camb. Francis James. Joseph Wing, Wo. Jn" Marrion. •Freemen made at y' session, [19 May, 1680.] 1680. Rox. : M-- Jn" Boules, Jn" Balch, Wey. : Nath: Humphry. 19 May. M'' Edw: Pason. Paul Thorndick. Abra: Whitman, [*260.] Salem : Jn° Grafton, M'^bleh. : Rich'^ Norman, , W°i Pratt, Resolved White. Jn° Legg, W Edw: Taylor, 1»' ch., Bost., Benja: Nathan Walton, Dauid Ashly, Thuing, Rich'' Movntegue. Jeddedia Dewy, Jerr: Dumer, Chars T. : M"^ Tho: Sam: Roote. Jn" Thing, Shephard, West. : Joseph Pomry. Jacob Hurd, M' Neh: Hubbard. Nath: Welby, Tho: Chard. Camb. Vill : Ebenez"^ Jn° Hanchet, 9,^ ch., Jn" Cotton, Wiswall, Benj: Bosworth, Cotton Mather, Sam: Robbins, Ab"^ Jones, W™ Coleman. Wob. : Jn° Gardiner. Rob' Gold, Sudb. : Jabez Broune. Jn" Chadwick, Jonathan Nile, Chelms. : Jn" Held, Maid. : M' Wiglesworth, , Nathani: Bosworth, Elia' Ball, Peletiah Smith, Sam: Prince, Jonathan Tyng. Tho: Putman, Ju., Zac: Witma, North. : M' Jose Hauley . W-" Stacy. Jose Bosworth, Davjd Burt, Salem : Zacke Marsh, Isack Vickrey — all of W" Smead, Symon Booth, Hull. Jn" Woodward, Israeli How, Steven Lincoln, High. Jonathan Hunt, Benj: Leeds, M'^ Jer: Shep''d, Joshua Pomrey, John Pason. Tho: Layton, Eliaz'' Fraiy. Ips. : Symon Willard, Ralp King — of Lynn. Beu"' : Joseph Dodge, Joseph Pitty, Sal. : Rob* Fuller, 540 MISCELLANEOUS EECORDS. 16 80. Jn" Felton, ■^ — v ' Jos: Phippen. 19 May. ^r D^ni: D X en. Japhet Chapin, Jn° Shelden — of Bil- Sam: Ely — of Springf. lirica. [*285.] *Persons made free at this Court, [13 October, 1680,] or admitted to freedome, 13 October. Were, Bo. 1 oh., M' Tho: Cheevers, Nicho: Willis. Bos. 3 ch., M"^ Deodat Lawson. Cha. : Sam: Ballard. Box. : M' Edw: Pason, Danie: Kellum, Ju., John Knolton, Sam: Knolton, Tho: Bayly. Wenh. : Sam: Abby, Sam' Fiske. Cambr. Vill. : Tho: Pren- tice, Sen., Tho: Prentice, Jun., Tho: Parte, Sen., Jn° Fuller, Jun., Jn°tha Fuller, Joshua Fuller, Joseph Fuller. Hingh. : James Haukes, Jose: Jacob. No' Ham. : Enos Kins- Billir. : Peter Bracket. 1681. *Persons made free at y' Court [11 May, 1681] •were, — 11 May. Tho: Eaton, Ded. Ezekiel Cheevers, Sam: Peirson. [*306.] Natha: Chickring, John Leech. Nath: Jewett, Cone. Robert Weare. Ephrajm Colton, Spri. Allin Bread, Sen., Ljn. Dauid Hubbart, Hing. Tho: Colton, Joseph Reads, Jerr: Beale. Joseph Stebbing, Josiah Reads. Tho: Hovey, Hadl. Joseph Trumble, Ephrajm Winship, Camb Sam: Lancton, North Georg Norton. Abraham Tilton, Ips, Hamp. Sam: Kent, Gloc. Isa: Esty, Tops. Nath: Phelph. Jn° Burbank, Hau. Tho: Norman. Benja: Gerrish, Salem. Wm Starlings, [*320.] *Freemen admitted at y^ Court [13 October, 1681] were, — 12 October. M'' Jn° OUiuer, 2 ch.. Jn° Sauyer. Tho: Kingman. [*321.J Bo. *John Whitman, Wey. : Samuel King, Tho: Chard, Nicholas Whitmarsh, W- Read, James Barnes. Steven French, Abjah Whitman, Hen: Bartholmew, 1** Jn° Bayly, Tho: White, ch., B. Tho: Bayly, Joseph Dyer, Obadiah Sajle. Rich'' Gurney, Jn° Shaw, Jun., Jn° Eussells, Camb. James Smith, Joseph Pitty. Jn" ^ , Sen. Nathani: Smith, Westf. : Tho: Noble, Tho: Cow, Ips. Samuel Holbrooke, Eliaz"^ Weller, Sam: Ingolls. W" Richards, Jun., Spr. : Sam: Ball, W'^ Goodhue, Ju. Joseph Richards, Tho: Spencer. Jn" Peirson, Jun., Row. Jn° Richards, Suff": Tho: Huksley, MISCELLANEOUS RECORDS. 541 ♦Persons admitted to freedom y= Court [24 May, 1682.] 1682. Ja° Foster, Jn° Farrington, of Ly. Sam: Eockwood, 24 May. Antho: Buxton, Humph: Barrat, Nath: AUin, Meadfei. [*348.] Peter Prescot, of Sale. Sam: Haur, Jn° Bates, M"' Jn° Apleton, Roger Chandler, Abra: Byam, Jn° Dane, Sam: Stone, Conco. Nath: Butterfeild, Jn° Wardner, Sam: Kemball, Abr: Parker, Chelms. Dani: Warner, Jn" Gilbert, & Isack Morrell, Tho: Boreman, Char' Gotj Wenha. Jn°than Caree, of Chars. Joseph Fellows, Jn" Harding, Sam: Bartlet, of North Tho: & Natha: Tred- Jn° Warfeild, Ham. well, of Ipsw. Benj: Clark, Jn" Pinor, Northfeild. Jos: Farr, Jn° Fisher, ♦Persons admitted to freedome at this Court [11 October, 1682] were, — 168 2. M' Sam: Gai-diner, Jun., Sale. M' Jn° Apleton, Jn° Dane, Daniel Warner, Tho: Boreman, Joseph Fellows, Tho: Tredwell, of Ipsw. Nath: Tredwell, M' Tho: Wade, Joseph Giddings, Joseph Safford, W™ Butler. Jn° Harding, Meadf, Jn" Warfeild, Benja: Clarke, Jn° Fisher, Samuel Rockwood, Joseph AUin. Jn° Flegg, Water T. Abra: Guile, Nath: Marcham, W°i Band, Sam: Jennyson. Jn° Farwell, Cone. Tho: Broune, Jun., Xtopher Walers. James Parsons, Gloc. Jn° Hitchcock, Spring. Josiah Gage, Joseph Kingsbery, Sam: Hasseltine, Sam: Stickney, Jn° Bojnton, W"^ Hutchins, Benj: Kimball, Robert Hasseltine, Bozoun Allen. 11 October. [*381.] ♦Persons admitted to freedom at this Court [7 February, 1682-3] were, — 168 2-3. M^ Sam: Parris, of 1^' Jn" Vyol, Jn° Trescot. 7 February. Ch., Bo. Tho: Tounsend, Jn" Marshall, Bille. [*383.j M" Adam Winthrop, Samuel Tounsend. Dauid Meads. M' Rob'^t Howard, James Green, 2 Ch., B. Dani: Lunt, Newb. James Bill, John Green, . Daniel Merril, John GUiuer, Rich: Jincks, W"" Moody. Samuel Ruck, Timo: Pratt. Jn° Andrews, Ips. Obadia Wakfeild, Ebenez' Wms, Dorc. Josep: Broune. Thoph: Rodes. Nehem: Clap, Sam: Pitcher, Milto. 542 MISCELLANEOUS RECORDS. 1683. 16 May. [*401.] *Persoiis made free at y= Court [16 May, 1683] : — Hadley : Jn° Ingram, Mark Warner, Nathan: Warner, & Jn° Gardiner — 5. Dedh. : Jn°than Metcalfe, James Field — 2. Newbery: Georg March, — 1. Beilly : Humphry Horrel, Edw'i Ashber, Jn° Eayment, W™ Rajment, Jun., Andrew Elljot, Jun., Jn° Dodge, Jun., W"" Dodg, Jun., Tho: Woodbury, Edw'i Dodge, & Henry Herricke — 10 Ips. : M-^ Jn" Cobbitt, Jose: Euelle, and Nath: Knolton — 3. Medfei. : M"^ Grindall Rawson, Josiah Torrey — 2. Boston 1 Ch. : Dani: Fairfeild — 1. Samell Ayres, Haue. — Humph: Hobson — 2. North Hamp? : Sam: Allyn, Ebener: Strong, Jame Wright, John Taylor — 4. Marblehead : Jn" Deuer- eux, Tho: Pitman, Sen., Jn° Peach, Jun., Joseph Dallabar, Sen"", Wating James, Nicholas Andrew, Rowl. : Jn" Pickard, Jun., Robert Bartlet — 7 : 38. 1683-4. ♦Freemen made at y" Court [13 February, 1683-4] were, — 13 February. M' Edward WilHs, James Jackman, James Vales, [*427.] Tho: Ray, W-° Elsly. Joseph Fairbanks, Henry Eames. Ded. : Josiah Fisher, John Colbrun, Bos. : Joseph Souther, Jn°than Freeman, Peter Hansitt. Joseph Knight. Jonathan Medcalfe, Red. : Ralfe Dixe. New. : Tymothy Noys, 1684. 7 May. [*436.] *Persons admitted to freedome [7 May, 1684] : — Chrispus Bruer, Lyn. Henry Collins, Allen Bread, Joseph Roads, Jn° Newhall, John Leuise, W"" Smith, Jon"^ Selsbe, Josia Roads. Sam: Seuden, Marble- head. Jn" Merrit. Jose: Roote, Northam. Jon'' Parsons, W"" Holton, Robert Lymon, Jn° Hubbard, lap Shelden, Benonj Stebbins, Sam'' Judd, Jacob Root, Hen: Burt, Alex*' Atwood. Symon Burr, Hing. Francis James, Jn° Mansfeild, Ephra: NichoU. Increas Syke, Spring. Dani: Cooly. Danel Merrill, Newb. Jn" Bartlet. Josia Broune, Red. Corneli Broune, Tho: Nichols. Jn» Hall, Roxb. Jn" Whitney. Jn" Dresser, Row. Samll Palmer. Samll Peirce, Woob. Samll Waters, Georg Read, Edw'i Johnson, Ebenez"^ Johnson. MISCELLANEOUS RECORDS. 543 * Persons admitted to freedom [9 July, 1684] : — 1684. Jolm Boynton, No. Ha. Sam: Palmer, Jn» Holden, 9 July. Th" Hunt. Samuel Piatt, Joseph Peirce, [*447.] John Dressar, Kowl. Sam: Spoffard, Sam: Nogget, James Dickinson, Jn° Clarke, Phineas Vpham, Kich'i Swan, Joseph Jewet, Jn° Sauil, Sam: Broclebank, Caleb Boynton, Sam: Sauil, James Seajles, Nath: Jacob. Theoph: Curtis. Josepli Chaplin, Edw* Walker, Woob. ♦Admitted to freedom [10 September, 1684] : — [*453.] 10 September Sam: Porter, Hadl. Israel Porter, Jun., Jn" Hall. ♦Admitted to freedom October 31, 1684 : — [*458.] 31 October. M' James Lewis, 1 eh., B . Math: Peirse, Woob. W° Hascall, Dauid Piske, Cam. Sam: Wilson. Joseph Hascall, Henry Prentice, Joseph Broune, Ipsw. Isaacke Eueleigh. Ephraj: Frost, * Persons admitted to freedom y' Court [6 May, 1685] were, — 1685. Vrjah Clarke, B,ox. Nath: Wade, Mauld. Josh: Eaton, 6 May. Thomas Mory, Ralfe Dixie. Jn" Abby, Sen'. [*476.] Benja: Darse. Dani: Eaton, Eedd. Jn° Fiske, Wenha. Peter Scott, Brant. Jn° Avesson, Zackeus Goldsmith. Sam: Basse. Franc' Hutchinson, ♦Freemen admitted at y= Court [21 July, 1685] were, — • [*498.] 21 July. M' Jn" Apleton, Jun., Tho: Beamans, W-" Pebody, Topsfe. M' Rob't Pajne, Jun., Jose: Millar. Tho: Perkins, Ju., Abra: Perkins, Noah Wiswall, Camb. Dani: Reddington, Jn° Harris. Vill. Tobjah Perkins, *Jn" Gaines, Ipsw. Edw'* Jackson, Jacob Foster, [*499.] Nath: Broune. W™ Kobinson, Jn° How. Jn" Maynard, Sen., Joseph Wilson, Edw"i Converse, Woob. Marlb. Jn° Mirock, Ephraj: Pason, Douer. Jn^th* Johnson, Sen., Sam: Truesdale, Tho: Sticknee, Bradfo. Josep Neuton. Isack Willjam, Rich: Keraball. — 30. Jn" Bouker, Jn» Ward. 544 MISCELLANEOUS RECORDS. 168 5-6. *Freemen admitted, [16 February, 1685-6.] ' 1 ' 16 February. Jacob Toun', Tops. M' Sam: Cbeckley, 2 ch., Jacob Nash, Weym. [*514.] Ephraim Curtis-, John Sq[uire, 1 ch. Jn" Burrill, Lyn, John Pritchet, GENERAL INDEX. GENERAL INDEX Abbagasset, Abbegusset, Abenegusset, and Kennebes, Indian sagamores, deed of Swan Island from, to Christopher Lawson, 399, 400 Abbegusset and Kenebez, 403 Abrahani, Zachary, 362, 364 Absentees, order relating to persons leaving their homes on account of the war, . 79" Acadaquami, an Indian, 368 Acadia, Monsieur de la Valier governor of, . . 373 Acie, Jobn, 172 Acojocks, James, an Indian, 365, 368 Acompanit, Samuel, an Indian, 362 Actions at law, order for securing the proper levying of executions, 2 executions, how to be made, &c., ... 28 returns of attachments, how to be made, . 29 question relating to the duty of juries an- swered, 243 order for insuring the payment of costs in certain cases, 293 answers to questions relating to a judgment of the Court, 323 strangers not to have attachment granted without first giving security for pay- ment of costs, &c., 372 question relating to executions answered, 438 law to restrain unreasonable attaints of juries' verdicts, 449, 450 form of execution, 450 exemptions allowed to be served by the marshal general, 453 attachments and reasons of appeal to be served fourteen days before trial, . . 503 form of summons, &c., 489 form of bond to prosecute, approved by the Court, 489, 490 Acts, &c., of the General Court, committee to decide on printing of, 27 Adams, Addams, Francis, 39 George and Francis, Indian grant of land confirmed to, 39 Henry, 37 deputy, 2, 15, 42 Captain Samuel, 278, 358 Thomas, appointed ensign at Chelmsford, 189 appointed lieutenant at Chelmsford, . . 358 Addington, Isaac, 13, 120, 371, 498 deputy, 476 chosen speaker, 476 chosen Assistant, 513 Mr., 122, 178, 505 Address of the Governor and Company to his majesty Charies II., 197, 198, 333, 385, 466 of the inhabitants of Massachusetts to Charles II., 387 See Letter. See also Petition. Adger, Thomas, 18 Adkinson, Elizabeth, referred to the County Court for the settlement of her es- tate, 101 Administration on estates of persons dying in- testate, &c., 134 Administrators, see Executors. Admiralty, resolve of the General Court as a Court of, 131 Agents to England, agreement for carrying, 120 order for choosing ; committee to draw up instructions to, 304 John Richards appointed one of the, &c., . 307 one fourth of a single rate to be levied for expenses of, 307 conference of both houses relative to, . . 315 (547) 648 GENEEAL INDEX, Agents to England, committee to transcribe documents in the secretary's office for, 339 committee to supply funds to the, . . . 340 William Stoughton and John Richards elected, 340 Joseph Dudley and John Richards chosen, 346 instructions of the General Court to, 346 — 349 entry respecting documents sent to, . . 383 commission of, 386, 387 instructions to, 389, 390 letter from the General Court to, . . 391, 392 a single rate to be raised for supply of, . 398 Agents in England, Treasurer to supply with funds the, 116 letters from the General Court to, . 161,162 letters of instructions to, from the General Court, 163,164 one hundred pounds each voted for the, . 185 letters from, &c., read by the General Court, 191 letters from the General Court to the, 201 — 203 allowance of sixty pounds each for the families of, 218 letter of the General Court to, . . . 220, 221 having returned, each to receive one hun- dred and fifty pounds gratuity, . . . 263 half a county rate to be raised for supply of, 341 letters from, and other documents read in the General Court, 382 Aggawara, 381 Aglin, William, 178 Ahaton, William, 57 Ahuton, William, an Indian, 378 Alarm signals, order prescribing mode of alann against the enemy, 242 Alataquish, John, Tobi, an Indian, 368 Albany, 165, 166, 299, 461 Albemarle, Duke of, 422 Alcock, John, 208 Lieutenant, invested vpith magistratical power, 205 Alcooks, Palsgrave, 208 Aldis, John, deputy, 420 Ales, William, 482 Alesbury, Earl of, 422 Alford, Mr., 178 Alford's Hill, 224 Allegiance, oath of, 192, 193 order for taking the oath of, . . . 193,194 oath of, taken by Major Pynchon and sev- eral deputies, 209 Algiers, 312 AUden, Alden, John, vs. Thomas Clarke, decis- ion of the General Court in the case, 152 Allen, Bozoon, hearing had on his petition, . 35 Allen, Bozoon, judgment given in his favor against the estate of Joseph Jewett, . 39 appointed ensign at Boston, 311 Henry, 147, 471 deputy, 2 Hope, answer of the General Court to peti- tion relating to seizure of leather, . . 10 James, 5, 105, 204, 325, 429 an executor of Governor Bellingham's will, 24 referred to the common law for relief, . 301 and another, time for hearing their case appointed, 340 and others, report of the committee for establishing the bounds between the farms of, approved, 357. 358 and another, hearing in the case of, ap- pointed, 417 Court's approval of land laid out to, . . 443 Rev. James, appointed a licenser of the press, 32 committee's return of laying out the farm of, approved, 218, 219 John, 364 deputy, 2, 14 secretary of the council of Hartford, let- ter from, referred to, 96 Mary, petition of, granted, 142 William, 314, 374 Deacon, 248, 280 Allis, AUice, Allys, John, 239 William, 22, 170, 183 associate for Hampshire, . . .87, 145, 187 Lieutenant, to command the guard at Hat- field, 171 Allerton Point, 7 America, laws of England bounded within the four seas, and do not reach, .... 200 Amesbury, 40, 56, 168, 181, 283, 295, 331, 419, 438 reunited to Essex county, 265 Amnion, Joseph, an Indian, 364 Anabaptists, 347 admonished and forbidden to meet in their meeting house in Boston, . . . 271, 272 Anderson, David, vs. Robert Orchard, decision of the General Court in the case of. . 131 Mr., (shipmaster,) to receive twenty-five pounds for carrying the agents to England, 120 Andover, 56, 132, 151, 187, 260, 266, 268, 295, 302, 394, 410, 419, 421, 490 a frontier town, 79 taxes abated on account of losses by the In- dians, 125 return of the committee for running the bounds of, accepted, &c., . . . 190, 191 GENERAL INDEX. 549 Andover, answer to the selectmen of, . . . . 316 committee to hear and determine church difficulties at, 325 committee's report on the ecclesiastical troubles at, accepted, .... 343, 344 petition of Dudley Bradstreet and others relating to the minister's land in, granted, 346 order relating to delinquents, selectmen of, 393 Andrews, Daniel, 252 James, 426 John, 36 appointed lieutenant at Chebaoco, . . 394 Samuel, 409, 464 appointed a land surveyor, 375 allowance to, as president pro tern, of Harvard College, 352 ■Thomas, deputy, 184 Andros, Andross, Governor Sir Edmund, order relating to a letter from, 209 Sir Edmund, 299 Major Edmund, 162 Governor Edmund, 164 Governor, letter from the General Court to, respecting affairs in Maine, . . . .168 Anglesey, Earl of, 115 Apenow, Aspenaw, an Indian, 368 Appleton, Apleton, John, 336, 409 deputy, 2, 14, 184 captain of Ipswich troop, 419 John, Jun., appointed lieutenant at Ips- wich, . 394 Samuel, Lieutenant, 34, 144, 156, 170, 182, 322, 325, 332, 336, 345, 372, 382, 414, 420, 421, 430, 449, 465, 469, 472, 494, 500, 508 deputy, 42, 43, 77, 98, 132, 210, 260, 266, 302 chosen Assistant, 308, 350, 407, 437, 475, 513 appointed sergeant major of Essex south regiment, .... 380 appointed captain at Ipswich, .... 394 Samuel, Jun., see Sauage, Thomas, . . . 246 Major Samuel, loss of arms and clothes, by the burning of his tent, to be made good, 115 Captain, . 36, 66 letter of instructions to, from the General Court, 52, 53 Aquetaquash, an Indian, .... ... 365 Argilla, farm belonging to the estate of Depu- ty Governor Symonds, . . 246, 256, 257 Armitage, Mary, referred to the next County Court of Suffolk, 249 Arms of England to be carved by an able artist, and erected in the Court house, 203 Arms, ammunition, &c., order to pay Mr. Usher for two hundred and ninety-two mus- kets, 22 supplies for the Indian expedition, &c., ordered, .44 troopers and pikemen to furnish them- selves with firearms, 47 one thousand firearms to be purchased and distributed to the towns, ... 48 selectmen authorized to raise money to pay for, 48 provision to secure the restoration of arms, 5 1 tow^n committees of militia authorized to settle for, 52 a gunsmith to be stationed at Concord to repair arms, 54 each town to provide six flints for each soldier, 63 order for purchasing fifty or sixty barrels of powder, 218 compensation established for general sur- veyor of, 237 Treasurer ordered to purchase powder, . 504 Arnold, Francis, ... 101 Artillery, (Ancient and Honorable,) regulations adopted by, and confirmed by the General Court, 151, 152 Assabath Meadow, ... . .... 253 Ashant's Hill, 515 Ashley, Edward, 222, 251, 332 Assoaske, an Indian, ... . . 216,217 Associates, with magistratical power, order for commissionating, 139 Assistants, freemen ordered to send in their votes for, 195 number of, and manner of choosing, . .291 chosen, 1, 27, 77, 131, 183, 209, 210, 265^ 308, 350, 407, 436, 437, 475, 513 Astry, , 422 Atherton, Jonathan, petition of, refused, . . . 153 Major, . . • 152 Athy, Martha, referred to the County Court, .510 Attorney General, answer to objections of the, to the laws of Massachusetts, . . .198 Atwater, Mary, empowered to make a deed of sale to Nicholas Paige, 115 Auditor's report on the Treasurer's accounts, . 23 Ausebee, Assabee, 54 Austin, Anthony, appointed lieutenant at South- field, 327 Avery, William, . . 56, 482 Avis, John, see Creeke, Edward, 250 Awagwon, Awaga, John, an Indian, . . 365, 368 Awassamoag, Awassamug, Awasamog, Awasa- moage, Awasamug, Awosomug, Abi- gail, 534,535 550 GENERAL INDEX. Awassamug, Awasamog, Awasamoage, Awasa- mug, Awosomug, John, an Indian, 354, 361, 364, 484, 533 power of attorney to Thomas Awasso- mug from, 531 and others, deed from, to Thomas Awassa- mog, 531, 532 John, Sen., 227 John, Jun., 361, 364 Joshua, 532 Samuel, 361, 364, 531—533 Thomas, 361 an Indian, sale of his land confirmed, 484, 485 power of attorney from John Awasso- mug to, 531 deed from John Awassamog and others to, 531, 532 deed to Edward Rawson from, . . 533 — 535 Ayres, Peter, deputy, 302, 408, 514 Susanna, reimbursed for her expendi- tures, . . 146 widow, to be paid her bill in full, . . .175 Badcocke, Robert, 86 Baker, Richard, .... 129 Thomas, 377,415 deputy, 421,437,514 lieutenant of Andover troop, .... 410 and others, petition of, referred to the next session of the General Court, 410 granted a hearing at the next session of the Court, 452 vs. John Putnam, Court's judgment in the case of, 460 Timothy, appointed ensign at Northamp- ton, 504 Mrs., ... 246,256 Bakers, committee to make further experiment on the bread of, 272 in Boston, committee on gf tition of cer- tain, 317 of loaf bread, order for regulating the prices of, . . . 322 committee on the complaint of, . . 498, 499 bread, committee to inquire respecting the price of, &c., . 222 Bale, Bathsheba, petition of, granted, .... 275 Ball, Samuel, petition of, granted, 444 Ballard, Ballat, Jarvis, allowed to make a wooden addition to his house, . . . 431 Samuel, 180, 230 Mr., 250 Balston, John, 439, 458 Bancroft, Thomas, allowed to resign his place as ensign, 255 Barbadoes, Island of, 523 Barber, George, deputy, . 99, 133, 260, 303, 351 Captain, 189 Barefoot, Mr., order for returning him to jail, &c., 149 Barker, Richard, Sen., 346 Barnard, Francis, to be paid ten pounds, pro- vided, &c., 411 Matthew, Lieutenant, 33 Barnes, Nathaniel, 331 Barney, Jacob, 409 Barrett, Humphrey, approved ensign at Con- cord, 504 Barter, Captain, 332 Bartholmew, Henry, 15, 21, 26, 83, 98, 128, 129, 225, 285, 441, 463, 473 deputy, 2,14,77,98,420,437 William, fine remitted, 251 Bartlett, Bartlet, Richard, 483 deputy,. . . . 260,302,308,437,476,514 Barton, Edward, 18 licensed as innkeeper for Capenawaghen, 20 Bass, Basse, River, 170, 227 Bassett, William, and others, granted a tract eight miles square, 487 Bath, Earl of, 422 Batter, Edmund, .... 204, 219, 325, 358, 421 deputy, ... 41, 43, 132, 184, 350, 420, 475 Mr., 248 Battile, Thomas, 37 See Brattle. Bayly, James, and others, referred to the next Court, 377 Mr., Court's order for his settlement as the minister of Salem Village, .... 247 Beale, Beales, Benjamin, 24 decision of General Court between Thomas Patten, &c., 24 Jeremiah, appointed ensign at Hingham, . 315 appointed lieutenant at Hingham, . . 394 Nathaniel, deputy, . . .77, 98, 132, 408, 420 Beard, Aaron, 18 Beer, retail prices of, establi.shed, 135 Beers, Beeies, Eleazar, allowed to lay out three hundred acres of land, 359 EHzabeth, 359 Richard, 10, 359 deputy, 2, 14, 42, 43 Belcher, Belchar, Jeremiah, and others, granted a tract for a new town; committee of prudentials appointed, 36 Joseph, 57 Moses, see Billings, Roger, 301 Sergeant, 36 Belding, Mary, 298 Belknap, , 178 Bell, Abraham, 319 GENERAL INDEX. 551 Bell, Catharine, administratrix, allowed to sell real estate, 319 ThoAas, , 6 Mr., rents of his estate to be paid to Rox- bury free school, 22 Bellingham, Mrs. Penelope, allowed to with- draw her petition, 35 inventory of the property of her late hus- band set off to her, 142 Richard, 36, 102, 142, 403 case respecting the will of, referred to the County Court of Suffolk, .... 24 hearing on his will referred to the next General Court, 56 his will declared null and void, . . . 105 committee to examine the accounts of the executors of, 106 order relating to the settlement of the estate of, 131 Governor, deceased, 6, 238 Samuel, 13, 24 hearing in the case of, referred to the next session, 36 time for hearing of his case fixed, 98, 101 case of. brought up and postponed, 101, 102 administration on the estate of Richard Bellingham, granted to, 105 case of, heard and adjudged, .... 105 Mr. [Samuel], 153, 397 Bendall, Freegrace, (deceased,) administrators of, empowered to sell real estate, . . 296 Bennet, David, 173 Henry, 36 William, 149 Benjaraen, Abigail, referred to the County Court, 516 Benjamin, an Indian, 365 — 367 Bent, Elizabeth, 147 John, 354 Peter, fine of, suspended till further order, 147 Bernard, Joseph, allowed £1 17s. 6d., . . . 319 Bert, Nathaniel, petition of, refused, .... 279 Bessell, John, 18 sergeant for Dameril's Cove and Hippocras, 19 Beverly, 2, 42, 56, 78, 133, 151, 186, 208, 211, 245, 260, 266, 268, 295, 303, 309, 311, 408, 421, 437, 476, 487, 514. committee to view and report on certain lands in, 34 petition of, granted, and Mr. Whipple placed on committee relating thereto, 147 military officers of, 170 report of committee about certain lands petitioned for, accepted, 170 brandmark appointed for, 190 Wenham, and Salem Village, committee to settle differences between, . . . 208 Beverly, committee's return accepted, . 223, 224 hearing granted on the case of, ... . 251 vs. Wenham, Courts' judgment in the case of, 276 further hearing in the case of, granted; case settled privately, 298 annexed to the port of Salem, .... 383 and Wenham, new troop organized for, . 409 Bex and Company, 246 Bexby, Bixbee, Joseph, 479, 480 Bey, Phihp, 18 Bickford, George, grand juror, 18 John, 38 See Buokford. Bicknel, Bicknell, John, deputy, . . . 132, 184 Bigsby, Bixbee, Joseph, Sen., 498 Bill, Francis, 10 Billerica, ... 66, 99, 188, 189, 261, 295, 419 allowed to take up waste land, .... 41 affairs of the foot company in, .... 56 constables to collect the rates of certain delinquents, 173 selectmen, petition answered, .... 350 Billings, Billing, Roger, 121 and others, referred to Suffolk Court for answer, 301 allowed to purchase land of certain In- dians, 378 Bingley, Thomas, 177 Bircham, Edward, 460 committee to inquire respecting a grant of land to, 378 Bishop, Nathaniel, and others, freed from im- prisonment, 417 Samuel, punishment of, abated, .... 173 and Robert Lord, judgment in the case of, 416 Mr., 357 Bishop's Farm, 219 Black, James, an Indian, . . 342, 365—367, 369 and Company, two plats of land five miles square confirmed to, 488 Black Point, . . . 122, 123, 125, 134, 141, 162 Captain Joshua Scottow encouraged to re- cover the forts at, 129 order relating to the garrison at, ... . 182 River, 11, 12 Blackman, Henry, 38 Blackston's River, 531 Blackwell, Jonn, and others, granted a town- ship eight miles square, 467 explanation respecting the grant to, . . . 472 allowed to set up two old houses, &c., . . 504 Blake, James, 223 deputy, 132, 351, 407, 420 William, 188 552 GENEKAL INDEX. Blake, William, deputy, .... 303, 351, 421 and others, answer to petition of, . . .188 Blanohard, George, and others, answer to the petition of, 146 Joseph, 146 Samuel, 146 Blano, Blayno, Hannah, 247 John, 247 committee to inquire into the ground of his complaint, 206 time for hearing the case of, appointed, 234 Blanton, Blantin, Phebe, consideration of her petition postponed, 102 petition of, refused, 174, 418 Blathwait, Blaithwayt, William, . . . 473, 474 king's commission to, as auditor and sur- veyor general, read in the General Court, 333 his commission as surveyor general, 621 — 526 deputation to Edward Randolph as survey- or of New England, from, . . 526 — 529 Blew Point, 11 Blood, Elizabeth, 410 James, deputy, 408 John and Robert, relieved from taxes in Concord, 188 case of, referred to the County Court, . 316 Robert, 188, 316 and wife, to have a hearing at next ses- sion, 410 Boggestow, 23 See Sherborne. Boggestow Brook, 37 Boise, Mr., 189 See Boyse. Boman, Samuel, an Indian, 364 Bond, William, lieutenant, 75 Bonyghton, Bonighton, Bonithon, Richard, place of settlement indicated, ... 1 1 Captain [Richard], 112 Boston, 2, 42, 43, 47, 56, 57, 77, 82, 83, 98, 132, 135, 138, 143, 147, 151, 154, 166, 173, 180, 187, 189, 210, 235, 239, 242, 245, 251, 260, 262, 265, 271, 275, 278, 302, 306, 308J 311, 317, 322, 323, 337, 373, 381, 384, 389, 392, 394, 400, 402—404, 406, 407, 418, 420, 425, 427, 431, 433—435, 437, 438, 442, 444, 452, 453, 456, 461, 462, 466, 468, 474, 476, 483, 484, 488, 499, 501, 506, 511, 514, 533. order for extending the power of the com- missioners of, 15, 16 militia of, to be divided into two companies, 16 and other towns, answer to a petition from, referring to debts, 28 militia of, divided into eight companies, . 32 affairs of military companies in, . . . 32 Boston, regulations for protecting it against the Indians, 46 order of council relating to building on the burnt district of, 139 report of selectmen on laying out certain streets, accepted by the Court, . . . 140 John Hay ward appointed postmaster at, . 147 bakers, answer to the petition of, . . . . 222 order prescribing the material of dwell- ing houses in, 240 selectmen of, authorized to determine cer- tain causes, 240 law relating to building materials in, sus- pended, 266 ten persons banished from the colony on suspicion of attempting to burn, . . 250 law respecting building materials to be used in, suspended for three years, . 266 bakers, committee on petition of, further empowered, 272 allowed to send three deputies to County Court, 305 number of taverns, &c., established, . . 305 undertakers for building a sea wall at, in- vested with certain powers, . . 310.311 naval office to be erected in, 337 surveyors for the port of, 374 made a lawful port, 333 Timothy Prout appointed captain of the fortifications, &c., 419 stone and brick to be used for buildings in, &c., 426 law to encourage building with brick and stone in, 432 selectmen of, empowered to abate taxes of sufferers by fire, 433 additional houses of entertainment to be licensed in, 450 inhabitants allowed to erect wooden build- ings not over eight feet square, . . .465 number of jurymen from, 493 Bosworth, Benjamin, 33 408 grant of land to, 33 granted twenty acres of land, 480 granted two hundred acres of land, . . . 515 Nathaniel, and others, granted a tract of land for a town ; committee to lay out the same, 35 allowed to make a deed to Sampson Shore, 35 empowered to administer oaths and sol- emnize marriage in Hull, . . . .314 deputy, 266 Boudin, Richard, 400 Boudish, William, deceased, committee to ex- amine the affairs of, 324 GENERAL INDEX. 553 Bound House in Hampton, 110 Boundaries, colonial, committee to run the line between Massachusetts and Connec- ticut, 270 Bowditch, see Boudish. Bowers, Bower, Benanuell, petition of, referred to the County Courts, 153 sentenced to be openly whipped, . . . 153 order relating to his fine and imprison- ment, 168 Elizabeth, 153 Bowles, John, 316, 426 Boylston, Mr., 430 Boynton, Joseph, empowered to act as consta- ble of Rowley, 501 Boyse, Antipas, 182 See Boise. Bracket, John, and another, petition granted, . 34 Peter, allowed twenty pounds for dis- bursements, .... .... 127 deputy, 2, 15 Captain [Richard], 426 authorized to join persons in the bonds of marriage, 231 allowed to resign hie captaincy, . . .459 deputy, 2, 15, 266, 303 Bradbury, Thomas, associate for Norfolk, 31, 88, 145, 226 Bradeway, Richard, 18 Bradford, ... 56, 122, 261, 295, 303, 394, 498 addition to the garrison at, 92 brandmark appointed for, 150 order referring to the collection of rates in, 315 deduction from the rates of, ordered, . . 343 order relating to delinquent selectmen of, 393 Bradstreet, Dudley, 316, 346, 419 deputy, 132, 266, 421 captain at Andover, 151 authorized to solemnize marriage in An- dover, 187 Simon, 14, 25, 38, 43, 44, 51, 58, 70, 98, 100, 103, 105, 117, 132, 154, 185, 191, 239, 260, 262, 271, 290, 302, 304, 322, 332, 370, 372, 382, 414, 420, 421, 430, 433, 434, 449, 465, 469, 472, 492, 494, 500, 504, 506, 512, 513. chosen Governor, 210, 265, 308, 350, 407, 436, 475, 513 chosen Assistant, ... 1, 27, 77, 131, 183 commissioner in reserve, . . . .1,27,131 elected Deputy Governor by the towns, 209 authorized to hold the Court in Norfolk county, 31 to hold a County Court at Hampton, . . 88 letter from, to settlers at Casco Bay, . . 286 VOL. V. 70 Bradstreet, Simon, letter from, to the Earl of Sunderland, 287—289 Governor, &c., address from, to the king, 333, 334 letter from, to Sir Lionel Jenkins, 388, 389 Mr., 52 Captain, 206 Braiden, Brayden, James, 183 See Hudson, James, commissary for the army, instructions to, . 74 time for hearing his case appointed, . .186 Mr., 207 Braintree, 2, 42, 53, 55, 56, 77, 99, 133, 211, 251, 260, 266, 294, 297, 303, 309, 361, 408, 420, 437, 459, 476, 514. inhabitants allowed to lay out their six thousand acres of land, &c., .... 252 number of jurymen from, 498 Brandmarks of Bradford and Concord, . . . 150 ordained for towns in Hampshire county, . 324 Branson, Brandson, Mr., 382, 383 Bratle, Brattle, Thomas, Lieutenant, 52, 57, 65, 97, 126, 156, 206, 222, 231, 250, 254, 255, 272, 294, 313, 331, 341, 480. deputy, . . . 184, 210, 260, 266, 309 appointed lieutenant, .52 captain of Suffolk troop, 87 Captain, 227, 297, 317, 339 Brandon, John, . . 80 Breda, peace of, referred to, 374 Brett, John, granted two hundred and fifty acres of land, 297 Brewer, John, 75 Brewster's Islands, 488 Bricks, order prescribing material and mode of making, 212 addition to the law regulating the size of, 450, 451 Bridge, John, 316 Bridges, Edmund, deprived of his civil privi- leges, 272 Bridgham, Bridgam, Jonathan, 147 and others, petition of, referred to the County Court of Suffolk, 147 appointed lieutenant, 432 Joseph, 147 appointed ensign. 432 Briggs, Abraham, William Rawson plaintiff against, 105, 121 Brigham, Thomas, deceased, order of 1656, re- lating to the estate of, entered on records, 472 Brimsmead, Brimsmeade, Rev. Mr., .... 253 Brisco, Benjamin, referred to the County Court for answer to his petition, .... 222 Brock, Mrs., 278 Brockles, Captain, 168 554 GENERAL INDEX. Brodhurnst, Ralph, 367 Brookfleld, 146 Brooks, Isaac, quartermaster of the Three County Troop, 151 Broomfield, Edward, allowed to erect a wooden porch to his house in Boston, . 510 Broughton, George, 53, 179 Broune, Boaz, 408 Francis, 18 Lieutenant George, .418 deputy, 42, 266, 421 John, 283 deputy, 260, 266, 303, 351, 408 surveyor at Salem, 374 Thomas, 446 Captain William, 290, 302, 321, 322, 324, 414, 421 deputy, 41, 43, 265 chosen Assistant, . . . 265, 308, 350, 407 senior associate for Essex county, 205, 226 William, Jun., 419, 420 captain at Salem, 206 Lieutenant, 314 Brush Hill, 86, 228 Buckford, William, 18 See Bickford. Bucknell, Buoknill, George, 18 licensed as innkeeper, 20 Richard, 18 Bud, Budd, Edward, 178 Bulkley, Bulkly, Bulkeley, Gershom, allowed twenty-five pounds for care of a wounded soldier, 282 .lohn, 130 Peter, 7, 14, 34, 68, 100, 118, 119, 163, 185, 197, 260, 268, 290, 297, 302, 303, 313, 315, 322, 331, 332, 339, 372, 382, 414, 420, 421, 430, 480. deputy, 2, 14, 42, 43, 77, 98 chosen speaker, . 70, 78, 99 chosen Assistant, 131, 183, 210, 265, 308, 350, 407, 436 chosen commissioner of the United Col- onies, 350, 407 chosen commissioner in reserve, . . . 436 captain at Concord, 151 bearer of an address to the king from the General Court, 106, 107 instructions to, as agent in England, 113 — 116 to receive one hundred and fifty pounds gratuity, for service as agent in Lon- don, . . ... 263 to command one of the regiments in Middlesex, 295 and others, to hold a court in Essex, . 398 granted one thousand acres of land, . 418 Bulkley, Mr., .... 7, 208, 313, 317, 352, 360 Rebecca, one hundred pounds granted to, &c., 208 Bull, Mr., 141 Bullard, John, -402 Nathaniel, instructed in respect to his power as constable, 395 Bullen, Bulleine, Bulling, Samuel, allowed an abatement of his rate, 255 deputy, 309 Bullis, Philip, 205 See Leveret, Hudson. Bumsteed, Jeremiah, fine of, suspended, &c., . 190 granted two hundred acres of land, and licensed to sell ale, beer, &c., . . . 484 Burden, Clois, 168 Burg, Jane, 359 Burnap, Robert, 186, 432 See Hawkins, William ; also Burnet, Robert. Thomas, 432 Burnet, George, 18 appointed administrator of John Waller's estate, 18 Robert, 445 See Hawkins, William. George, Sen., alias Burnap, Robert, . . . 460 Burnham, Burnams, Robert, 38 Thomas, 236 deputy, 420, 437, 475 ensign at Ipswich, 33 appointed lieutenant at Ipswich, . . . 394 Burridg, Buridg, John, Sen., 51 John, Jun., 51 Burt, Burte, David, 481 Jonathan, . . 411 Burton, Richard, 51 Bartholomew, 529 Bu.sh, Reynold, and family, selectmen of Cam- bridge authorized to manage for, . . 345 Busse, William, appointed ensign at Concord, 315 Buswell, Samuel, Sen., 479, 480 William, deputy, : . 266 Butler, N., 530 Stephen, 297, 507, 512 vs. William HoUowell and others, judg- ment of the General Court in the case of, 251 and others, judgment of the County Court in the case of, confirmed, . . 332 committee on the case of, . ... 332 advice of the General Court in the case of, 340 vs. William Holloway, judgment of the General Court in the case of, ... 356 children of William Holloway to make payments to, within a certain time, . 416 GENERAL INDEX. 555 Butler, Stephen, committee to report on the state of buildings in possession of, .511 , 505 Bymion, Patrick, 511 Cage to be built in Boston market-place, . . 133 Call, John, ensign at Charlestown, 307 Cambridge, 2, 4, 42, 43, 56, 77, 98, 103, 132, 151, 210, 218, 236, 260, 266, 278, 295, 302, 308, 345, 352, 397, 398, 407, 417, 420, 437, 446, 455, 475, 485, 514. selectmen of, to assist the militia in forti- fying, 89 case of, referred to the next Court, . . . 380 petition of certain inhabitants postponed, . 417 committee on petition of inhabitants of, . 443 allowed ten pounds per annum to keep the bridge in repair, 459, 464 number of jurymen from, . . ... 498 Cambridge Village, ... 73, 146, 173, 295, 328 to be a distinct military company, ... 15 case of, to be heard at a time fixed, . . . 188 inhabitants to observe the law regulating voters, &c., 252 Cambridge Neck, 87 Cambridge Platform of Church Discipline to be printed, 287 Campbell, Hugh, petition of, relating to Scotch immigrants granted, 263 Canada, 166, 168 Earl of Frontinac, governor of, .... 373 Cannon, Abel, 400 Canterbury, Archbishop of, 422 Cape Ann, 334 committee to obtain the consent of the inhabitants to the address in their name to the king, 340 See Gloucester. Cape Sable, 168 Capeanagusset, Cape Anjigusset, see Swan Island. Capenawaghen, 17 — 20 See Nawaggen. Capen, John, appointed captain at Dorchester, 394 deputy, ... 2, 14, 42, 43, 77, 98, 132, 184 Captain, 471 Carary, Nicholas, 18 Carr, George, Sen., to have a garrison to pro- tect his ferry, 89 answer to his petition, 231 allowed one pound four shillings for fer- riage, 328 William, appointed a land surveyor, . .375 Carter, John, 37 authorized to perform the marriage rite, . 38 Carver, Robert, 178 Casco, 395,403 Casco Bay, . 122, 273, 392, 397, 403, 404, 406, 442 letters from the General Court to settlers at, 286 committee to manage the aiTairs of, . . 286 Cases postponed to October session, . . . .413 Casks, coopers, &c., explanation of the law relating to, 293 Castell Hill, 257 Castle, visited and inspected by the whole Gen- eral Court, on its completion, ... 15 order for increasing the garrison at, . . . 15 order for paying workmen and finishing, . 29 soldiers not exempted from extraordinary watches, 45 to be put into a state of defence, . . . .187 order for covering and finishing, .... 156 Treasurer to provide lead for covering, . . 126 Captain Thomas Brattle added to the committee for, 126 ' order to pay half the wages of the garrison of, 204 committee's report on the state of, . . . 220 committee for, empowered to augment the number of soldiers, 269 head money for soldiers of, how allowed, . 305 addition to committee on the repairs of, &c., 418 committee to audit the accounts of John Hubbard, referring to, 467 Catchechawitt Pond, 354 Cauly, Robert, 18 Chalice, Lieutenant Philip, transferred from Salisbury to Amesbury company, . . 283 Chamberlaine, Mr., 382, 388 Champney, Samuel, deputy, 514 Chancery, County Courts invested with pow- ers of, 477, 478 Chandler, Ensign Thomas, 346 deputy, 184, 260, 302 lieutenant at Andover, 419 Chapin, Henry, 205 Josiah, 454, 471 Charles I., King of England, 108, 457 Charles II., 421, 424, 474, 495, 521, 526, 529—531 petition and address to, 10, 197 proclamation of, relating to the quo war- ranto, &c., 423 letter from the General Court to, . . . .157 oath of allegiance to, 192 letter from, to the Governor and Company read to the Court, 261 Charles River, 110, 348, 398, 464 Charlestown, 2, 41, 43, 56, 57, 77, 98, 132, 180,' 207, 210, 236, 242; 251, 252, 260, 265, 268, 295, 302, 308, 405—407, 412, 420, 428, 433, 437, 452—455, 459, 475, 511, 514. order relating to building a dry dock at, . 180 556 GENERAL INDEX. Charlestown, committee to report concerning the battery at, 227 battery, committee's report concerning, 249, 250 to be divided, 295 number of public houses, &c., in, . . . 305 report of the committee for dividing the trainband in, approved, . . . 306, 307 officers of the two companies in, . . . . 307 fortifications at, to be repaired, .... 352 surveyors for the port of, 374 annexed to Boston as a port, 383 petitions from, referred to common law, . 486 number of jurymen from, 498 ferry not to land Indians without leave, . 47 ferry, persons employed at, exempted from military service, . . 51 Charribby Islands, . . 523 Charter, question submitted to the clergy re- lating to, 99 duplicate of, to be procured of Mrs. Lev- erett, 223 persons appointed to take charge of the original, 237 notice of its condemnation in England communicated to the Court, . . 465 See Gorges and Mason. Chebacco, Chebacko, Chebacho, Jebacho, 283, 381, 394 petition of inhabitants for leave to build a meeting house referred to the town of Ipswich, 146 petition of, not granted, 175 order for erecting a meeting house and set- tling a minister at, 225 certain inhabitants of, to make acknowl- edgments for offending council, . . 225 committee's returns relating to the meeting house and minister at, accepted, 283, 285 Chebiscodego Island granted to Thomas Dan- forth and Samuel Nowell, . . 441, 442 Checkley, Cheekly, Cheekley, Chickley, Chek- ly, Anthony, 178, 296 ensign, 33 appointed ensign, 40 Court's answer to his question, .... 274 referred to a County Court, &c., .... 321 hearing appointed on petition of, . . . . 504 and children of Stephen Butler, hearing in the case of, adjourned, 507 committee's return in the case, . . 512 Samuel, appointed ensign, 5io Chelmsford, 54, 56, 58, 78, 99, 189, 261, 268, 275, 295, 358, 419, 421 burning of a haystack at, to be inquired into, 57 Indians sentenced for firing the haystack at, 58 Chelmsford, a frontier town, 79 taxes abated on account of losses by the Indians, 125 Cheevers, Ezekiel, 276 time for hearing his case appointed, . . 254 Bartholomew, appointed lieutenant, . . . 341 Cheyne, Charles, 530 Chickering, John, deceased, Joseph Dudley administrator of, 130 William Stoughton and John Bulkly ap- pointed guardians to, 130 Mr., 122, 452, 454 Dr., 178 Mrs., 130 Children of the church, care of, commended to the elders, . . . 59 Choohecho River, 234 Christmas, law against, to be left out of the colony laws, 322 Chubb's Creek, 223 Church, Captain, 126 Churches, reformation of, recommended, . . 59 Clap, Ebenezer, . 188 Roger, 204, 418 and company, order respecting the pay- ment of their wages, 222 Samuel, appointed ensign at Dorchester, . 394 Sergeant Preserved, 360 Clapboard Island, .... 404 Clarendon, Earl of, 422 Clarke, Abraham, ig Christopher, surveyor for the port of Boston, 374 Henry, 4n associate for Hampshire, 31 John, petition of, granted on condition, . . 462 forfeiture of his bond, two hundred pounds remitted, 514 Jonas, Sen., on petition, granted three hundred acres of land, 9 description of his farm, 417 Nathaniel, appointed naval officer for Newbury and Salisbury, 439 appointed ensign at Rowley, .... 483 Major Thomas, 7, 14—17, 26, 27, 33, 43, 46, 57, 58, 70, 83, 98, 103, 114, 117, 122, 128, 129, 132, 140, 151, 152, 154, 189, 237, 294, 419. chosen Assistant, . . . 1, 27 77 131 appointed to hold the Courts at Ports- mouth or Dover, and in Yorkshire, . 5 and others, commissioners to hold a Court at Kennebec, &c.; also to ap- point commissioners for trying small causes, 5 to strengthen the garrison at Mendon, . 51 and another, order for restoring two guns *0; 149 GENEEAL INDEX. 557 Clarke, Thomas, description of land laid out to, 445 Major, 32 Lieutenant Thomas, . . . . 2, 14, 127, 205 deputy, 2, 14, 42, 43, 77, 98 captain at Boston, 33 Rev. Thomas, allowed six pounds for ser- vice in the army, 127 Uriah, allowed to be married to Thomas Holbrook's daughter, 17 William, 22,170,185,277,321 deputy, . . 2, 15, 42, 78, 133, 266, 309, 351 one of the committee for Hadley plan- tation, 9 associate for Hampshire, 31, 87, 145, 187, 226, 279, 317, 356, 443, 485 to be paid for public stores by him fur- nished, 126 his petition as to the bounds of Squa- keage granted, 482 Lieutenant, 22, 84, 185 Clary, John, Sen., allowed four pounds for his son's horse, 205 Cleuton, Lawrence, his case referred to the Court of Assistants, &c., 190 Clergy, summoned to advise with the General Court, 99 question relating to the charter submitted to the, 99 Clerk's salary, one fourth to be paid in money, 269 Clerks of Courts to be sworn, 3 oath of, 3 secretaries, &c., directions to, as to making executions, &c., 28 of the writs, powers of, ascertained, . . .194 Cleves, Mr, 395 Cobbet, Thomas, Sen., 336 Cock, John, 18 William, licensed as innkeeper for Sagge- dehock and Kennebec, 20 Cocksquannion, an Indian, 362 Codfish, a present of, to Charles 11., . . . .156 Codman, Hepsibah, 250 See Creeke, Edward. Coffin, Coffyn, CofFyne, Peter, 445 deputy, 211 Tristram, 336 lieutenant at Newbury, 409 Coggan, John, order of the General Court on petition relating to will of, .... 27 Martha, 23 Cogswell, John, 126 vs. William Cogswell, executor, &c., de- cision of the General Court in the case, 150 John, Jun., 126 Margaret, to have a hearing of her case, . 126 Cogswell, William, 336 executor, &c., vs. John Cogswell, decision of the General Court in the case of, . 150 William, Sen., 225 Coin, order providing for keeping it in the country, 351 addition to the law regulating the, . . . 373 Coining of money, see Mint. Colcord, Edward, hearing on his petition re- ferred to Norfolk County Court, . . 38 Cole, Abraham, and another, forty pounds re- mitted to, for losses as tax collectors, . 343 Edward, 18 John, grand juror, 18 licensed as innkeeper for Pemaquid, . 20 Cold Harbor Brook, 515 Coleman, John, and another, empowered to pass deeds, &o., 356 Mehitable, . , 356 Collecot, Collicot, Collicat, Richard, 5, 16—18, 105, 150, 153 commissioner to hold the court in Devon- shire, 30, 87 Collins, John, granted five hundred acres of land ; committee to lay it out, . . . 409 Peter, 18 Colony seal, order for purchasing the one used by Governor Leverett, &c., . . . . 223 Colton, George, deputy, ^.132 Thomas, appointed ensign at Springfield, 311 appointed lieutenant at Springfield, . . 490 Comer, John, 442 Comes, John, 143 Comins, Richard, 37 Commissary for the army, instructions to James Braiden as, 74 Commissioners of the United Colonies chosen, 1, 27, 77, 131, 183, 210, 265, 308, 350, 407, 436, 475, 513. " Commonwealth " to be stricken out of the laws in certain cases, and "jurisdic- tion'" substituted, 339 Conant, Connant, Exercise, 441- deputy, 351, 408, 437 Roger, grant of two hundred acres of land to, 227 Concord, 2, 42, 43, 56, 77, 82, 83, 85, 91, 93, 98, 132, 142, 151, 188, 210, 260, 266, 295, 309, 358, 408—410, 420, 437, 475, 504, 514, 517. gunsmith to be impressed for, 54 a frontier town, 79 taxes abated on account of losses by the Indians, 124 brandmark appointed for, 150 number of jurymen from, 498 Coney, John, appointed ensign, 280 558 GENEKAL INDEX. Connandondaw, an Indian sachem, . . . .461 Connecticut soldiers referred to, 52, 66 desired to furnish a force for the Indian war, 92 letters to be sent to, asking for its quota, . 92 letter to the government, calling for their quota of troops, 140, 141 letter from the General Court to the gov- ernment of, 317 — 319 order for laying out a new road to, &c., . 394 See Boundaries, colonial. Connecticut River, island in, below Spring- field, granted to John Pynchon, 329, 330 Connigrave, Elizabeth, petition of, referred to County Court, 22 Conomag, Sarah, an Indian woman, .... 216 Conquered lands, committee appointed to at- tend to the sale of, 204 Conspiracy against the government to be pun- ished with death, 339 Constables to have their black staves with them in certain cases, 29 selectmen, &c., addition to law relating to choice of, 306 question as to the power of. answered, 315, 373 See Marshals. Convers, Converse, Ensign James, . . . 445,511 deputy, .... 260, 266, 303, 437, 475, 514 fine of, remitted, 264 Ensign Joseph, deputy, 420 Ensign, deputy, 266 Sergeant, 86 Conveyances, deeds, &c., the word, " such " to be expunged from the law relating to, 473 Conway, Earl of, 422 Cooke, Cook, Captain Aaron, 504 associate for Hampshire, 279, 317, 356, 443, 485 Aaron, Jun., captain at Hadley, .... 189 Joseph, 289, 303, 463 lieutenant at Cambridge, 151 deputy, .... 77, 132, 184, 260, 266, 302 EIi.sha, 178, 341, 351, 359, 380, 393, 416, 421, 434, 436, 441, 446, 449, 453, 464, 46-5, 467— 469, 472, 473, 476, 479, 484, 487, 493, 494, 498, 500, 501, 506, 508, 511, 512. deputy, 308, 351, 407, 420, 464, 465, 467—469, 472 chosen speaker, 408, 421 chosen Assistant, .... 437,475,513 Lord, 439 Richard, 153 Samuel and Elisha, appointed a com- mittee to draw up a letter to Robert Humfreys, 468 Mr., 339, 340, 454, 505 Cooke, Dr., 248 Coolidge, John, 75 Nathaniel, ensign at Watertown, .... 283 Cooly, Benjamin, allowed to resign his com- mission of ensign, 236 Henry, 140 Cooper, Elizabeth, 222 John, 32,345 to have thirty-five pounds out of sub- scriptions to Harvard College, . . . 445 Josiah, 222 Mary, empowered to sell real estate, . . 222 Lieutenant, 12, 283 Mr., 380 Deacon, 144 Corbyn Sound, 20 Corlet, Ammy, 141, 142 Elijah, farm of five hundred acres laid out to, approved, 443 Corn, &c., prices of, 16, 55, 120, 121, 156, 220, 296, 324, 376, 417, 605 See Taxes. Comelison, Arnought, 319 Corning, Samuel, 336 Samuel, Sen., 170 Corwin, Corwyn, Captain George, . . 14, 21, 474 deputy, ". . . 2, 14, 77 hearing on petition of, 68 examined for unofficerlike behavior, de- prived of his command, and fined one hundred pounds, 90 restored to the command of his troop on their petition, 104 certain persons conditionally dismissed from the troop o^ 147 appointed captain at Salem, 187 fine of, remitted, .... .... 264 Captain John, 21, 33, 127, 204, 224, 248, 317, 419 deputy, 210, 260 appointed captain of second company in Saiem, 22 Jonathan, administrator, empowered to sell lands on condition, 474 Captain, 172,233 Cotoosonkcot, 367 Cotton, John, 483 allowance to, as president of Harvard Col- legs, 352 and Increase Mather, plat of four hundred acres confirmed to, 486 Rev. John, plan of his dwelling house in Boston indicated, 456 Seaborn. 486 Coudrey, William, 186 County of Devonshire established, .... 16 See Devonshire; also Devon. Courier. , 320 GENERAL INDEX. 559 Court, County, to be held at Salisbury instead of Hampton, 245 Court, General, names of members present at opening of second session of, 1674, . 14 dissolved, 27 adjourned to October 13, 1675, .... 41 dissolved, . . 45 second session opened, October 13, 1675, . 46 adjourned to November 3, 1675, .... 58 responsible for money lent for public use, 71 dissolved, 76 special session of, August 9, 1676, ... 98 reason for calling special session of, . . 99 special session, September 6, 1676, . 103 address of, to the king, respecting the claims of Gorges and Mason, 106 — 108 second session of, October 11, 1676, . .117 October session, 1677, 154 order referring certain matters to the Octo- ber session, 1678, . .... 185 October session, 1678, 191 private cases before, postponed, . . . .192 fast for, appointed for October 9, 1678, . . 192 answer of, to objections made by the au- thorities in England to the laws, pro- ceedings, &c., of Massachusetts col- ony, 198—201 time appointed for hearing certain cases, . 206 May session of, 1679, 210 letter from, to the agents in London, 220, 221 second session of, 1679, 239 special session of, 1679, . 260 first session of the, 1680, 265 letter from, to his majesty, 270 letter from, to the Earl of Sunderland, 287—289 second session of, October 13, 1680, . . .. 290 special session of, January 4, 1680-1, . . 302 debates in, referred to, 303, 304 May session of, 1681, 308 adjourned session of, October 12, 1681, . 322 third session of, February 15, 1681-2, . . 332 second session, October 11, 1682, . . . 372 special session of, February 7, 1682-3, . . 382 address from, to his majesty, . . . 385, 386 first session. May 16, 1683, 407 second session of, October 10, 1683, . . 414 session of, November 7, 1683, 420 adjourned session, February 13, 1683-4, . 430 session of, May 7, 1684, 436 sessions for consideration of the quo war- ranto, &c., 423 address from, to the king, .... 439, 440 special session of, July 9, 1684, .... 446 special session, September 10, 1684, . . 449 ground of calling special session stated, . 449 session of October 15, 1684, 453 Court, General, dissolved, 464 special session of, January, 1684-5, . . . 465 adjourned to March 18, 1684-5 ; adjourned session, 469 adjourned to the first Wednesday in May, 1685, 472 adjourned session of. May 6, 1685, . . . 472 May session of. May 27, 1685, 475 adjourned to July 7, 1685, 488 assembled, July 7, 1685, 488 adjourned meeting of, July 21, 1685, . . 494 conference of, with the elders, 494 adjourned meeting of, August 12, 1685, . 497 adjourned meeting of, September 16, 1685, 500 second session of, October 14, 1685, . . . 502 adjourned session of, November 17, 1685, 506 adjourned to February 16, 1685-6, with pro- visions for meeting sooner, if a ship from England arrive, 507 adjourned session of, February 16, 1685-6, 508 adjourned to May 11, 1686, 511 session of. May 11, 1686, 512 session of. May 12, 1686, 513 adjourned to second Wednesday in Octo- ber, 1686, 517 Court House, the king's arms to be erected in, 203 Courts, form of oath to be administered to clerks of, 3 clerks of, to be sworn, 3 officers of, not to be exempted from the Indian war tax, 65 County, mode of electing the associates of, 3 associates of, when to be sworn, ... 4 at Salisbury to be omitted, 75 at Hampton to take cognizance of all matters in the county, 76 Coventry, Henry, letter from the General Court to, respecting the claims of Gorges and Mason, 118, 119 Sir Henry, (English secretary of state,) letter to, from ^he General Court, . .160 Cowel, Cowell, Edward, allowed two pounds five shillings for horse lost in country service, 10 to receive five pounds for an injury to his horse, 37 order to examine and pay the claims of, . 235 John, 255 Cowley, Nicholas, 452 Cox, Richard, 18 Robert, the sentence of his servant com- muted, 117 Shadrack, 18 Thomas, 18 sworn as constable of Monhegin, ... 18 560 GENERAL INDEX. Cox, Thomas, Jun., 18 William, 18 Coxwell, , 257 Coytmore, Thomas, 381 Crafts, Lieutenant Griffin, allowed to resign his commission, 73 Cragg, John, 178 Cranberries, to be provided as a present for Charles II., 156 Craven, Earl of, 422 Crauet, Mordecay, 404 Crawfoot, Joseph, 205 Mary, widow, empowered to pass deeds of sale, 205 Creeke, Deborah, and others, banished from the colony, 250 Edward, and nine others, banished from the colony, on suspicion of attempt- ing to burn Boston, 250 Criminals, question relating to the trial of, . . 323 Crookehorne, 24 Crosse, Robert, Sen., 225 Croune, William, order in favor of, 378 Crow, Christopher, order of referee respecting the petition of, 22 Cumins, Richard, report of committee on the patent of, 10 Curtis, Curtice, Ephraim, 146 to have three hundred acres of land, . . 10 petition of, dismissed, 23 Henry, 18 Henry, Jun., 18 John, appointed guide to the expedition against the Indians, 74 to take with him six Indians for spies, . 74 Gushing, Cushin, Daniel, empowered to marry persons in Hingham, &c., .... 377 deputy, 266, '302; 351 Mathew, cornet of Hingham troop, . . . 281 Customs, rate upon goods imported to be farmed, 52 See Revenue ; Excise. Cutler, John, appointed lieutenant at Charles- town, 207 deputy, 265, 302, 351 John, Sen., lieutenant at Charlestown, . 307 Cutt, Cutts, John, appointed a magistrate at Dover, 5 president of New Hampshire, letter from, 280, 281 deputy, 78, 99 Richard, 15, 73 deputy, 2, 15, 42 appointed a magistrate at Dover, ... 5 commissioner for Portsmouth, .... 30 associate for Dover and Portsmouth, . . 31 Dady, Martha, executrix, referred to Middle- sex County Court, 431 referred to the County Court, 455 William, 455 Dalton, Samuel, appointed an associate for Norfolk County, . 5, 31, 88, 145, 187, 226 commissioner for Norfolk, 30 associate for Norfolk, 226 deputy, 2, 42, 77, 99, 184, 211 invested with magistratical power, 88, 145, 187, 226 Mr., 276, 316 letter of General Court to, relating to rates due from New Hampshire towns, 281 Dameril's, Damerill's, Cove, 18 — 20 Damon, Dammon, John, appointed lieutenant at Reading, 127 allowed to resign his place of lieutenant, 452 Samuel, 487 Lieutenant, 283 Dane, Rev. Mr., 325 Mr., 343, 344 See Andover. Danforth, Jonathan, 40, 104, 173, 175, 189, 191, 219, 227, 234, 358, 375, 417 appointed lieutenant, 56 appointed a land surveyor, 375 authorized to solemnize marriage and ad- minister oaths, 189 captain at Billerica, 419 Thomas, 14, 27, 43, 46, 58, 70, 98, 103, 117, 132, 144, 153, 154, 185, 191, 218, 230, 231, 235, 237, 239, 244, 254, 260, 262, 286, 290, 302, 304, 322, 332, 360, 372, 382, 396, 414, 420, 421, 430, 446, 449, 464, 465, 469, 472, 486, 494, 500, 506. chosen Deputy Governor, 210, 265, 308, 350, 407, 436, 475, 513 chosen Assistant, ... 1, 27, 77, 131, 183 commissioner for the United Colonies, 1, 27, 77, 131, 183, 210, 350 commissioner in reserve, .... 308, 407 to hold the courts in Portsmouth and Wells, 187 elected president of Maine, .... 309 articles of agreement between Mary Munjoy and, confirmed, . . . 395, 396 and Samuel Nowell granted the Island of Chebiscodego, in full satisfaction for public services, 441, 442 Lieutenant, 86, 206 Mr., 227 Daniel, an Indian, 227, 228 Daniel, Thomas, 125, 190 appointed captain of a company in Ports- mouth, 21 GENERAL INDEX. 561 Daniel, Thomas, associate for Dover and Ports- mouth, 88, 186, 226 invested with magistratical power for Do- ver and Portsmouth, 101 associate for Dover, 145 Dare, John, 18 Dartmouth, Lord, 422 Dauson, George, 222, 272, 442 Davenport, John, 178 Captain Nathaniel, 69, 173 Captain, deceased, auditors appointed for the estate of, 174 David, Mary, 217 Moses, an Indian, 216 Davis, Abigail, allowed to erect a wooden lean- to in Boston, 506 Benjamin, 147, 506 Elizabeth, 173, 174 Ephraim, 490 James, Sen., appointed ensign at Glouces- ter, 307 Mary, 490 Samuel, 209 sureties of, to pay the costs of hearing his case, 238 Sylvanus, 286, 396, 426 Thomas, 418 William, 87, 90, 506 deputy, 77 appointed captain, 52 accounts of, referred to the committee of the army, &c., 147 Davison, George, 317 Davy, Davie, Humphrey, 5, 6, 15—18, 20, 26, 27, 83, 94, 96, 100, 105, 120, 128, 129, 239,244, 260, 269, 290, 298, 301, 302, 304, 322, 332, 351, 358, 359, 368, 372, 380, 393, 412, 421, 430, 443, 446, 449, 465, 469, 472, 486, 494, 500, 508, 514, 515. . deputy, 2,15,42,77,99,133,184 chosen Assistant, 210, 265, 308, 350, 407, 436, 475, 513 commissioner in reserve, 210 an executor of Governor Bellingham's will, 24 commissioner to hold the Court in Devon- shire, . . . . : 30, 87 captain at Boston, 32 appointed captain of the " Three County Troop ; " appointment declined by him, 17 Davy, Humphrey, and another, order relating to the trustees of their estate, . . .182 order on his petition relating to Boise's estate, 189 appointed captain, . . 205 VOL. V. 71 « Davy, Humphrey, mortgage deed of Swan Island from Christopher Lawson to, 400, 401 additional deed of Swan Island from Christopher Lawson to, 402 Swan Island confirmed to, 403 Mr., 33, 340 Deane, Thomas, member of the committee of war, 90 Deare Island, 57 Death, Goodman, 230 Debts, law as to book debts extended as to time, 28 book, law relating to, suspended for three years, 138 law relating to, repealed, 212 public, to be paid in course as they be- come due, 395 to be paid in the towns where the cred- itors live, 453 Declaration of the right and claim of the Gov- ernor arid Company of the Massachu- setts Bay in New England to the lands now in their possession, . . .108 Dedham, 2, 37, 42, 43, 56, 77, 99, 101, 132, 145, 211, 260, 266, 294, 302, 309, 327, 395, 408, 420, 437, 446, 464, 476, 485, 514, 533, 535. bill of costs and fines referred to the County Court, 38 order to run the line between Natick and, 485, 486 number of jurymen from, 498 Deeds of sale, &c.. County Courts authorized to empower heirs, executors, &c., to make, 375 Deerfield, 167, 170, 482 a garrison to be established at, . . . .171 Connecticut requested to assist in keeping the garrison at, 171 answer to inhabitants ofj as to the rebuild- ing of, 209 order for regulating the prudentials of, . .321 Court's order for promoting the resettle- ment of, &c., 360 Deering, Henry, chosen ensign at Boston, . . 322 See Dering. Dell, , 204 Doming, Nicholas, 18 Denbo, William, 18 Dennis, James, 250 allowed to return to Massachusetts, . . . 278 See Creeke, Edward. Denison, Dennison, Denisson, Daniel, 14, 33, 34, 36, 43, 46, 57, 58, 70, 91, 98, 103, 117, 132, 137, 144, 154, 181, 182, 185, 191, 206, 239, 260, 290, 295, 302, 304, 322, 325, 332, 345, 372. 562 GENEKAL INDEX. benison, Daniel, chosen Assistant, 1, 27, 77, 131, 183, 210, 308, 350 commissioner in reserve, . . . . 1, 27, 210 major general, ... 1, 27, 77, 183, 210, 265 to dispose of the forces at Marlborough, raised for the Indian war, 75 chosen Assistant and major general, 77, 183, 265 to hold the Courts in Norfolk, 88 to repair to Portsmouth, and take the chief command of the forces there destined for the war at the eastward, . . . .124 powers delegated to, as commander-in- chief, 124 island in Merrimac River granted to, . . 17J plat of five hundred acres laid out to, ap- proved, . . 443 Deputies referred to, 154 delinquent, to attend in the General Court on peril of neglect, 492 William Torrey elected clerk of, . . . . 438 list of persons elected, 1, 2, 14, 15, 41 — 43, 77, 78, 98, 99, 132, 133, 184, 210, 211, 260, 261, 265, 266, 308, 309, 350, 351, 407, 408, 420, 421, 437, 475, 476, 514. returned for a special session, . . . 302, 303 Deputy Governor to have a guard to protect his house during the Indian war, . . 57 freemen ordered to send in their votes for a new one, in place of Samuel Sy- monds, deceased, 195 Deputy Governors, names of : Samuel Sy- monds, 1, 27, 77, 131, 183 Simon Bradstreet, .... ... 209 Thomas Danforth, 210, 265, 308, 350, 407, 436, 475, 513 Dering, Edward, 529 Despaw, Dispaw, Henry, Sen., and Hemy, Jun., new execution granted to, . . 35 Henry, Sen., petition of, referred to the council, 96, 97 Henry, Jun., 35 DevonshiTe County, act of commissioners es- tablishing, approved by the General Court, 16 time of holding County Court fixed, . . 16 Thomas Gardiner appointed Treasurer of, 18 Richard Oliver appointed clerk of, . . . 18 constables of, sworn, 18 inhabitants of, swors to fidelity, .... 18 constables to publish the laws, .... 18 list of sergeants and corporals appointed, . 19 Lieutenant Thomas Gardiner commander of all military forces, 19 commissioners to hold Courts in, . . . . 19 clerks of the writs for, 19 Devonshire County, Thomas Humphrey ap- pointed marshal of, 19 tax of twenty pounds for county charges on inhabitants of, 20 Commissioners' Court of, empowered to try and determine civil actions not ex- ceeding ten pounds, 23 Court to be held by comraissicJners an- nually appointed, 30 commissioners and associates for, ... 30 powers of commissioners and associates enumerated, . . 30 Courts to be kept by commissioners an- nually appointed, 35 commissioners appointed to hold the Courts in, 87 garrison to be established in, 105 Dewy, Thomas, appointed cornet of troop in Hampshire, 490 Dickinson, John, 4 Joseph, 89 Phebe, empowered to convey real estate to certain person.s, 89 Dixie, Captain William, 311 appointed captain at Beverly, 170 Dodge, Dodg, Edward, 409 Farmer, Sen., 410 John, 149 deputy, . 78, 99, 184, 211, 260, 266, 303, 421 John, Sen., cornet of Beverly and Wen- ham troop, 410 William, 276, 336 quartermaster of Beverly and Weuham troop, 410 Dogget, Samuel, 250 See Creeke, Edward. petition in behalf of, refused, 286 Dolling, John, sworn as constable of Monhegin, 18 sergeant for Monhegin, 19 licensed as innkeeper for Monhegin, . . 20 Dongan, Colonel Thomas, Governor General of New York, 461 Dorchester, 2, 42, 43, 47, 55, 56, 77, 98, 132, 151, 188, 210, 251, 260, 265, 268, 294, 297, 302, 308, 359, 362, 365, 369, 394, 407, 420, 437, 471, 476, 487, 514. number of jurymen from, 498 two watchmen to guard powder mill at, . 51 powder mill, workmen to be impressed for the watch house at, 64 Dorr, Edward, ig Double voting, penalty of ten pounds for, . . 291 Douden, , i86 Douning, James, 381 See Downing. Dover, 2, 5, 6, 42, 78, 99, 109, 132, 144, 171, 211, 218 • GENEKAL INDEX. 563 Dover, commissions ■withdrawn from persons living in, 263 or Portsmouth, 87 William Stoughton to keep the Copnty Courts in, .87 County Court, persons appointed associates for, 145 and Portsmouth, county, . . . 156, 157, 187 commissioners for, . 30 associates for, appointed, . .31, 88, 186, 226 force to be raised for the defence of, . . 53 nine special rates for war charges to be raised in, 76 persons invested with magistratical pow- er for, 101 and York, order to collect the arrears of rates in, 139 Dow, Thomas, 314 Downing, G., 530 See Douning. Drake, Thomas, 404 Drincker, Edward, - 271 Drury, Hugh, Lieutenant, 33 Dry dock (at Charlestown) exempted from tax- ation for thirty years, and no other to be built during that time, 236 Dublett, Tom, an Indian guide, 82 Duchy, chancellor of the, 422 Dudley, Joseph, 6, 14, 26, 34, 68, 80, 98, 100, 103, 117, 130; 132, 144, 154, 177, 179, 181, 182, 185, 191, 208, 216, 225, 231, 235, 237, 239, 244, 250, 254, 260, 268, 270, 278, 281, 285, 290, 298, 302—304, 313, 315—317, 322, 329, 331, 332, 342, 354, 355, 360 — 362, 365, 366, 369—371, 413, 414, 420, 421, 427, 429, 430, 433, 449, 451, 480, 492, 494, 500, 506, 508. deputy, 2, 14, 42, 43 chosen Assistant, 77, 131, 183, 210, 265, 308, 350, 407, 436, 475 commissioner for the United Colonies, 131, 183, 210, 265, 308 commissioner in reserve, 436 to assist in comparing records with copy, . 23 of the committee for Mendon, 40 captain at Roxbury, 151 allowed five pounds for expense of keep- ing the courts, 171 empowered to hold the courts at Dover, and in Yorkshire, &c., 238 chosen sergeant major of Suffolk county, . 306 messenger to the EngUsh court, .... 333 granted one thousand acres of land, . . 343 chosen an agent to England, 346 allowed fifty pounds for public service, . 377 commission as agent to England, . . . 386 Dudley, Joseph, instructions to, as agent, &o., 389, 390 and others, township of land granted to, on conditions, 408 time for settling their township extended three years from January, 1684-5, . . 467 and William Stoughton, plat of eighteen hundred acres of land in the Nipmug country confirmed to, 488 and Samuel Shrimpton, compensation of, for public service, voted, 490 and others, royal commissioners for the government of the colony. Court's communication to, 515, 516 Mr. [Joseph], 178, 352, 426 Paul, collector for the ports of Boston and Charlestown, 242 Mr., 57 Mrs., to be paid fifty pounds, in her hus- band's absence on public service, . . 409 Dudson, Joseph, and others, sentence of the Court against, 13 Dummer, Dumer, Jeremiah, appointed to in- quire after gold and silver mines, . . 383 Richard, 272, 336 appointed lieutenant of a troop, . . . 394 captain of Newbury and Rowley troop, 432 Mr., 381 Dunstable, 295, 417 Dutch, the, in Nova Francia, . . . . . . .116 ambassador, letter of Governor Leverett to Sir Joseph Williamson, one of the English secretaries of state, respect- ing the complaints of the, . . . .118 war, the Treasurer's account relating to, audited, 128 Dutch, Grace, widow, lands to be sold for her benefit, 494 Osmond, 494, 495 Robert, to be compensated for damage by fire, 73 Dwight, Timothy, 274 appointed cornet, 87 lieutenant of a troop in Boston, . . . .418 Dyer, Dyre, Thomas, 35 deputy, 2, 14, 42, 43, 77, 98 William, refused a hearing, 460 coinmission of, as surveyor general of customs in America, 530 attestation of his commission, &c., . . 530 Dyke, Daniel, 207 Eames, Thomas, 227, 228 committee to report on the petition of, . .126 granted two hundred acres of land, . . .147 his exchange of lands with Natick Indians confirmed, 230 564 GENERAL INDEX. Earle, Earl, John, 250 See Creeke, Edward. Robert, 237 Earthy, John, licensed as innkeeper for Cor- byn Sound, 20 Eaton, Alice, 446 Nathaniel Sternes add«d to committee on petition of, 491 John, 491 committee to investigate the affairs of, . 446 Theophilus, five hundred acres of land granted to the heirs of, 272 grant of land confirmed to the children of, 412 grant to the heirs of, confirmed and de- scribed, 417, 418 Thomas, appointed eldest sergeant at Ha- verhill, 325 Eastern commissioners, return of their doings, 17 names of, and copy of commission, ... 17 commission of, publicly read at eastward, 18 Eastern frontiers, fifty men to be sent for the protection of, 57 Eastman, Philip, taxes of, remitted, . . . .114 Ecclesiastical affairs, synod for revising the platform of 1647 called, 215 Confession of Faith and Cambridge Plat- form to be printed, 287 order advising renewal of church cove- nants, 470 Edmunds, Robert, 18 grand juror, 18 Education, committee to report on the subject of, 237 Edwards, David, 441 William, 18 Mr., 313 Effingham, Francis Lord Howard, Baron of, . 461 Elders of the several towns requested to con- vene with the General Court for ad- vice, 492 conference of the Court with, 494 Eldridge, Mr., 496 Election sermon, committee to request for pub- lication Rev. Mr. Torrey's, . . . .412 of Rev. John Hale requested for the press, 441 of Rev. Michael Wigglesworth requested for the press, 514 Elections, manner of proceeding in, prescribed, 261, 262 oath to be taken by the person opening, sorting, and counting votes, .... 262 time and manner of proceeding in, . . . 291 Eliot, Elliot, Asaph, 506 appointed ensign at Boston, 427 Elizabeth, empowered to sell certain real estate, 146 Eliot, Elliot, Jacob 506 appointed cornet, 52 appointed lieutenant, 87 John, 146,217,379 ansiver to petition of, relating to Natick Indians, 10 Cornet, 97 Mr. [John], .486 Mr., 37,86,228,229,275,315,328 Elizabeth, Queen, 199 an Indian woman, 216 Ellis, EUice, Edward, 122 Richard, 229 and another, petition of, granted, ... 34 Sergeant, 37, 56 Elson, James, - 274 Emerson, Joseph, 40 Mr., continued as schoolmaster at Newbury, and payment ordered for services, . - 299 Emerson, Em'merson, Mrs., 246, 256 Emery, James, deputy, 78, 99 John, Sen., time for hearing his case ap- pointed, 174 Martha, 177 time for hearing her case appointed, . .176 judgment of the General Court in her favor, . 176 copy of execution and return in favor of, 176 her acceptance of the accounts of the executors of Andrew Shephard, . .179 Mrs., 178 Emons, Obadiah, referred to the County Court Endicott, Endecot, John, 176 — 179 Zerubbabel, 127, 357 vs. Francis Nurse, court's judgment in the case, 429 Mr., 204 and another, time for hearing the case of, appointed, 340 Governor, 238 Mrs., 238 Enfield, new township laid out and called, committee to manage affairs of, 410, 411 England, laws of, bounded within the four seas, and do not reach America, .... 200 twenty thousand pounds per annum, cus- toms, paid in by shipping from New England, 202 Enlistments, law regulating, 213 Ephraim, Peter, an Indian, 227, 228, 354, 362, 364, 510, 531, 532, 533 Epps, Daniel, . . . 257—259, 276, 336, 340, 441 deputy, 437, 514 appointed captain at Ipswich, ..... 394 Daniel, Sen., 207 GENEBAL INDEX. 565 Epps, Mr., 84^, 256, 327 See Wade, Jonathan. Mrs., 256 Ernie, J., 629 Errington, Abraham, 313 Rebekah, (administratrix,) referred to the County Courts, 313 Essex County, 54, 156, 236, 280, 295, 303, 321, 323, 332, 380, 474 soldiers to be raised in, 53 Indian war tax, 55 quotas for the Indian war, . . 73, 85, 91, 122 associates for, 205, 226 Salisbury, Haverhill, and Amesbury re- united to, 264 persons unconcerned in Mason's claims in, to hold the Court there, .... 398 Court, 411, 427, 433, 479, 490, 491, 510, 515, 517 Evens, John, 234, 445 Evered,- alias Webb, John, ....... 442 Exchequer, chancellor of the, ...... 422 Excise and customs, regulations respecting, . 214 Execution, form of, 450 Executions, order concerning the levying of, &c., 2 directions as to making, levying, and re- cording, 28 Executors and administrators authorized to make deeds of sale, . . ... 375 Exeter, 6, 56, 187 a frontier town, 79 Captain John Oilman invested with magis- tratical power for, 226 commissions withdrawn from persons liv- ing in, 263 Expenditures, public, committee to examine the accounts of, 453 Exports, law against export of provisions re- pealed, 194 Eyres, Martha, to have her fence adjoining the prison ward repaired, 187 Fairbank, Fairbancks, Jonathan, 535 Mary, farm of, to appertain to Shelburne, &c., 415 Fairefeild, Walter, 336 Faireweather, Fairweather, John, 418, 421, 441, 443, 467, 493 deputy, 437 sentence of the Court against, 13 a commissary, 85, 91 and others, appointed surveyors for the port of Boston, 374 Mr. [John], 464 Falmouth, 395 Farms and outlands, committee to prepare lists of, for the purpose of taxing, . . . 376 Fast appointed, December 2, 1675, .... 69 Fast appointed for the firgj Thursday in Decepos ber, 1676, 131 day set apart for General Court to hujajblg themselves, . 192 a general fast in connection with the other colonies appointed for November 21, 1678, 196 appointed for the second Thursday in July, 1679, 221 appointed for June 22, 1682, 371 appointed for December 16, 1680, . . . 294 day observed by the General Court iu February, 1682-3, 382 13th of February, 1682-3, to be kept by the Court as a day of humiliation, 383, 385 appointed for May 10, 1683, 388 day for sincere humiliation appointed, . . 388 day of humiliation recommended to be observed, October 22, 1684, throughT out New England, by the conimission- ers for the United Colonies, Court's order thereon, 463 March 12, 1684, set apart for solemn humil- iation, ... 465 appointed for July 16, 1685, ..... 484 day of humiliation and prayer appointed, on account of small pox, &c., . . . 509 Faulconbridge, Viscount, 422 Fee simple, grants of land by the General Court or towns to be held in, . 470, 471 Feild, Mary, (widow,) allowed to sell real estate, 358 Robert, 358 Felton, Nathaniel, appointed ensign to the foot company of Salem, ....... 233 appointed lieutenant at Salem, . . . .317 Lieutenant, 357 Fences, gates, &c., order for the punishment of persons breaking down, .... 502 Fires, Indians included in the law against set- ting, 230 •Fisher, Daniel, 6, 13, 26, 34, 37, 68, 100, 101, 121, 126, 144, 181, 182, 185, 204, 229, 231, 235, 237, 244, 268, 269, 274, 279, 358, 421. deputy, 2, 14, 42, 43, 77, 99, 132, 184, 211, 260, 266, 302, 309, 351 chosen speaker, 266, 309, 351 chosen Assistant, 407 authorized to perform the marriage rite and administer oaths in Dedham, . .145 Captain, . . 23, 143, 325, 339, 340, 375, 432 Joshua, 37, 361 administrators on his estate empowered to make a deed of land, ..... 37 Fishermen, complained of by the governors of Canada and Acadie ; Court's disap- proval of, 373 566 GENERAL INDEX. Fishennen, order enforcing the engagements of, 212 Fiske, Fisk, David, 443, 486 appointed a land surveyor, 375 John, appointed ensign at Chelmsford, . .419 petition of, for license to keep a public house, 471 deputy, 302 Thomas, 208, 276, 336 deputy, 211, 266, 421, 514 captain at Wenham, 419 William, ensign at Wenham, 419 Mr. [David], of Cambridge, 485 Fitch, Jeremiah, 177 Martha, referred to the County Court, . . 343 Fletcher, William, deceased, executrix of, em- powered to make a deed of sale, . .317 Ensign, 86 Flint, Flynt, Edward, allowed an abatement of one half his fine, 142 Esther, (widow,) allowed to sell real es- tate, 487 Hesther, empowered to grant deeds, &c., 298 Henry, 277,297 John, 142, 206, 358 deputy, 132, 210, 260, 266, 351 invested with magistratical power, . . 205 Lieutenant, 142 appointed a land surveyor, 375 Josiah, 277, 297, 299 Margery, 297. 443 (executrix,) empowered to make a sale, &c., 274 and another, petition of, granted, . . . 277 on her petition, the exchange of cei-tain lands to be ratified, 297 empowered to make a legal convey- ance, &c., 297 her petition relating to a lease granted, . 325 Flood, Lieutenant, 84 Floyd, John, 35 Foote, John, 401 Fort on the great island in Piscataqua River, Elias Styleman appointed captain of, 73 Fort HHl, 122 Fort Loyal, one barrel of powder ordered for, . 451 Fort Meadow, 216 Fortifications at Salem to be repaired, . . . 249 at Salem and Charlestown, order for re- pairing, 352 committee's report on the battery at Charlestown, and order thereon, 249, 250 Fosdicke, John, 250 Foster, Hopeatill, 38 deputy, 2,14,42,43,77 appointed ensign, . 127 Foster, John, 323, 452 Mehitable, (executrix,) sale of lands by, confirmed, &c., 412 Samuel, allowed to lay down his military commission, 275 deputy, 261 Sarah, widow, allowed to sell real estate, 298 Thomas, 298 William, 480,498 Captain, 25, 148 of the committee for Mendon, .... 40 Four Miles Brook, 482 Fowler, Fouler, Philip, 146 Richard, 45 See Roads, John. pardoned, . . . , 54 Fox, Stephen, 529 Thomas, deputy, 420 Foxcraft, Francis, appointed ensign, . . . .419 Foxwell, Foxell, Richard, and another, report of committee respecting their title to certain lands accepted, and order of the General Court thereon, . . . 10 — 12 Mr., 102 Foy, Mr. John, 267 Mr., 382, 391, 497 Framingham, 56 Francis, John, granted one hundred acres of land, 255 Franke, Fort, 445 Frary, Lieutenant Theophilus, 33 Captain Theophilus, 415 See Waldron, Priscilla. Lieutenant, 426, 427 Freeman, Peter, an Indian, rewarded for ser- vices as a guide ; order to take steps to recover his daughter from slavery, 477 Freemen, law relating to, repealed, . . . .385 French, abettors of the Indians at the east- ward, 123, 141 French. Stephen, deputy, 351 Freshwater Brook, 410 Frontier towns, scouting parties to defend the, 79 list of towns accounted, 79 chief officer to send aid from one to an- other, 79 citizens liable to military duty not to leave, 81 Erontinac, Earl of, governor of Canada, . . . 373 Frost, Charles, deputy, 2 Captain, 37, 134 Fry, John, Sen., 346 Fryer, Nathaniel, 125 Fugitives from war to be provided for from the public treasury, 64 Fuller, John, 170, 246, 446 See Ong, Jacob. GENEEAL INDEX. 667 Fuller, John, deputy, 2, 42, 43, 77, 98, 132, 184, 260 Ruth, . . .^ 442 Thomas, 191,252 deputy, 260,514 ensign, 56 on the committee for Wrentham, . . .148 and others, committee to run their line, &c., 175 Thomas, Sen., 191 John, ■ 86 William and wife, petition of, refused, . . 442 Ensign, 34 Sergeant, 191 Furs, see Raccoon. Gale, Ambrose, 169 commissioner for small causes at Marble- head, 148 and others, letter to be written to govern- ment of Plymouth in favor of, . . .170 See Plymouth colony. surveyor at Marblehead, 374 Abraham, allowed to sell real estate, . .319 Richard, 319 Gammon, Gamon, Robert, sworn as constable of Capenawaghen, 18 sergeant for Capenawaghen, &c., . . . . 19 commissioner to hold Courts in Devonshire, 1 9 clerk of the writs in Capenawaghen, . . 19 associate for Devonshire, 30 Gardner, Gardiner, Andrew, appointed ensign at Boston, 506 Captain Joseph, 33, 69 appointed captain of first company in Salem, 22 Peter, . 367 messenger to the Indians, 93 Samuel, 149 deputy, 308,350 Samuel, Jun., temporary ensign at Salem, 205 Lieutenant Thomas, . 5, 16—18, 20, 328, 332 appointed Treasurer of the county of Devon, 18 appointed commander of all military forces in Devonshire, ...... 19 commissioner to hold Courts in Devon- shire, 19, 30 associate for Devonshire, 30 licensed as innkeeper to his fishermen, &c., 20 lieutenant of Salem troop, 419 released from a rate of two pounds, . . 507 Captain, 73 Mr., 276 Gascoine, , 439 Gatliffe, alias White, Mary, referred to the Court of Assistants, 255 Gary, William, deputy, 42, 43 Gedney, Gidney, Bartholomew, 286, 289, 290, 302, 304, 324, 332, 372, 382, 414, 420, 421, 430 deputy, 184 chosen Assistant, .... 265, 308, 350, 407 appointed ensign, 127 lieutenant at Salem, 204 appointed captain, 419 Gee, Peter, 140 George, Goodwife, 178 Gernsey, Henry, 379 Gerrish, Benjamin, 337 appointed naval officer at Salem, . . . 438 William, 149 Gibbs, Captain Benjamin, and troops, where to be quartered, and how .supplied, . . 76 Giffard, Gifford, John, and partners, new exe- cution against, granted, 35 (prisoner,) time for hearing case of, ap- pointed, &c., 209 vs. John Wright, judgment of the General Court in the case, 225 petition of, refused, 279 and others, judgment of the County Court in case of, confirmed, .... 327, 331 allowed to review his case in Court, . . 397 to have a hearing at the next Essex County- Court, .... 427 released from prison temporarily, . . . 433 granted a hearing at the next session, . . 452 to be released from prison on certain con- ditions, 455 Gilbert, Jonathan, allowed eight pounds seven shillings sixpence for diet of a wound- ed soldier, 282 allowed twenty-one pounds for keeping a wounded soldier, 358 Giles, Eli, 343 See Cole, Abraham. James, 105 Gillam, Lieutenant Benjamin, 75 Gilman, John, associate for Norfolk, . . 187, 226 invested with magistratical power, . 187,226 Gingden, John, 18 Gittings, Gettings, George, deputy, . . .42, 43 Glass, Richard, 18 Gleason, Gleson, Matthew, 89 Gloucester, 56, 99, 261, 266, 268, 295, 303, 307, 309, 408, 421, 437, 476, 494, 514 number of public houses, &c., in, estab- lished, 305 address of the inhabitants of, to the king, 334, 336 annexed to the port of Salem, 383 Glover, Habakkuk, and others, vs. William Rawson, plaintifis against, . . 104,121 568 GENEEAL INDEX. Glover, John, 104, 121 John, Sen., 105 Nathaniel, 105 Pelatiah, 104, 121, 328 petition of, notgranted, 175 Stephen, 494 God's judgments, preamble rehearsing, ... 59 Godolphin, S., 529 Goffe and Whalley, Messrs., 200 Gold, see Mines. Gold, John, appointed lieutenant at Topsfield, . 394 Goodall, Joseph, 264 See Ricks, John. Sarah, 264 Goodenow, Goodenough, Edmund, Captain, 15, 45 deputy, 2, 15, 260, 266, 302 appointed captain of a company at Sud- bury, 6 Captain, 126 Goodhue, William, 336 deputy, . . 77, 98, 132, 266, 302, 308, 407, 420 William, Jun., appointed ensign at Che- bacco, 394 Goodin, Sergeant, appointed ensign at Reading, 452 Goodman, Richard, and John Dickenson, action of the General Court relating to peti- tion of, 4 Gookin, Gookins, Googins, Daniel, 14, 43, 46, 58, 70, 126, 132, 154, 185, 191, 216, 218, 239, 250, 260, 290, 295, 302, 304, 307, 322, 323, 332, 365, 371, 372, 382, 413, 414, 420, 421, 430, 446, 449, 460, 463—465, 469, 472, 486, 494, 500, 501, 508. chosen Assistant, 1, 27, 131, 183, 210, 265, 308, 350, 407, 436, 475, 513 major general, . 308,350,407,436,475,513 and others, decision of the General Court respecting the controversy between Ephraim Curtis and, 10 appointed sergeant major of Middlesex regiment, 83 Indian deed of land to, confirmed by the General Court, 216, 217 Daniel, Sen., 228—230, 533 Nathaniel, 228 Samuel, 355, 356, 364, 445 Indian grant of water privileges to, ap- proved and confirmed, .... 352 — 354 and Samuel How, deed of land from Natick Indians to, approved and con- firmed, 354—356, 361 Captain, 37, 39, 53 Major, 85—87, 91, 137, 151, 227—229, 275, 296, 315, 378, 409 Gore, John, 367, 488 appointed a surveyor of land, 418 Gorges, Gorge^ Sir Ferdinando, 112, 113, 286, 349, 399 and Mason, question propounded to the clergy, relating to the controversy with, and their answer, . . . .99, 100 committee to prepare an answer to the king's letter relating to the complaints of, 100 commissioners to examine witnesses, &c., for defence against, 100 address of Governor and Court to the king, relating to the claims of, . 106 — 108 declaration of the territorial rights of the Governor and Company of Mas- sachusetts Bay against the claims of, 108—113 instructions to the agents sent to Eng- land to defend the charter against, . 113 instructions to the agents to England to defend against the claims of, . 11.5, 116 letter from the General Court to Henry Coventry, one of the secretaries of state, respecting the claims of, . . . 118 letter from the General Court to Sir Joseph Williamson, secretary of state, respecting the claims of, &c., . . .119 committee to prepare the writings relat- ing to the claims of, 120 Thomas, grant of land from, referred to, . 11 Mr., .... 109, 158, 159, 164, 197, 263, 288 Gott, Charles, 208 lieutenant at Wenham, 419 Goulding, Peter, sentenced for an attack on Sufiblk County Court, 330 acknowledgment of; fine remitted, . . . 359 Government of Massachusetts, committee to inquire concerning alleged reproaches against, 185 reply of General Court to the royal com- missioners for, 515, 516 Governor, takes the oath required by the king, by order of the General Court, . . . 262 and Company of Massachusetts Bay, dec- laration of their territorial rights, against the claims of Gorges and Mason, 108—113 address of, to his majesty, . . . »197, 198 letter from, to Sir Lionel Jenkins, 311 — 313 address from, to the king, . . . 333, 334 deed of the Nipmug country to, . 369 — 371 attorney appointed to receive and dis- pose of lands, &c., in Maine, belong- ing to, 399 writ of quo warranto served upon, &c., . 421 the king's declaration relating to the quo warranto against, 423 GENERAL INDEX. 569 Governor and Company of Massachusetts Bay, letter of attorney to Robert Hurafreys from, 423, 424 letters of instruction to Robert Humfreys from, 424, 425 letters to Robert Humfreys from, . . 430, 431, 439—441, 451, 458, 459, 468 letter to the Governor of New Hampshire from, 444 petition and address to his majesty from, 456 —458 address to his majesty from, . . . 466, 467 form of a deed conveying a grant of land from, 473 discharge of James Russell's account as Treasurer by, 492, 493 address to his majesty from, . . . 495, 496 and magistrates, salaries of, to be as in the previous year, . . . 454 of Massachusetts : John Leverett, 1, 27, 77, 131, 183 Simon Bradstreet, 210, 265, 308, 350, 407, 436, 475, 513 of New York, answer, of the General Court to, relating to the fugitives from the eastern Indians, 123 Governor's Island, ... . . ... 398 See Winthrop, Adam. Grafton, Jo_seph, 21, 275 Grain, to be removed into the garrisons for security, ... ' 66 Grant, Peter, ■ 45, 66 Graves, Isaac, 482 Thomas, 144, 185 deputy, 77, 98, 132, 184 Mr., 84 to have a hearing on his claim to a seat in the General Court, 45 Gray, William, deputy, 42, 43 Grayham, , 488, 489 Great Island, Court's answer to the petition from, to be made a town, 231 inhabitants to manage their own affairs, . 245 Great Jacob, an Indian, . . .... 364 Great James, an Indian, 353 Green, Greene, Jacob, deputy, . . . . 132, 184 John, 192,474 town book of Marlborough in the hand- writing of, 8 chosen marshal genera), 322 William, appointed cornet of the Three County Troop, 151 Greenlefe, Enoch, appointed lieutenant, ... 33 referred to the committee for wounded men, 278 Stephen, appointed lieutenant at, Rowley, 483 deputy, . . 77, 98, 514 VOL. V. 73 GrifTyn, John, ferryman at Haverhill, exeinpted from watch duty, 73 Griggs, John, answer to his petition, .... 315 Griggs, Grigg, Joseph, deputy, . . 265, 302, 420 William, allowed to sell real estate, . . 274 Gross, Grosse, Clement, action of the General Court on his petition, 150 allowed to sell his lands,' 247 petition . of, relating to sale of property granted, 273 freed from imprisonment, 417 Thomas, 150 Groton, 56, 82, 295, 421 non-resident landholders of, to pay minis- ters' rates for five years, &c., . 236, 237 Grout, John, 464 permitted to lay out eighty acres of land, . 486 John, Sen., allowed to purchase land of the inhabitants of Natick, .... 298 Guards and garrison soldiers, law respecting, to be enforced, 71 Guernsey, 439 Gurnell, John, 359 Hadley, . 2, 42, 56, 66, 78, 84, 92, 97, 99, 116, 133, 148, 162, 189, 207, 211, 233, 236, 266, 279, 309, 321, 341, 394, 408, 411, 421, 437, 444, 475, 514. plantation, representation of the committee for, order of Court thereon, .... 9 order for reducing and paying the garri- son of, 90, 91 taxes abated, on account of losses by the Indians, 125 Samuel Smith authorized to solemnize marriage, &e., in, 149 allowance to the ferryman at, 171 military officers at, . . 189 brandmark for, 324 four miles square added to, 410 Hadlock's bridge, 357 Haisy, William, appointed lieutenant of troop, 6 Hale, John, 336 Rev. John, his election sermon requested for the press, 441 Hall, John, chosen Assistant, . . . 308, 350, 407 and others, to hold a court in Essex, . . 398 Richard, appointed lieutenant at Dorches- ter, 394 Halsall, William, deputy, 261 Halsey Wharf, in Boston, 24 Hambleton, William, 403 Hammond, Haraond, Lawrence, 57, 83, 94, 96, 105, 106, 222, 231, 237, 254, 272, 307, 421 deputy, 41, 43, 77, 98, 210, 308 captain at Charlestown, 307 Nathaniel, 252 570 GENEKAL INDEX. Hammond, Elizabeth, empowered to pass deeds, 252 Thomas, 252 Captain, .... 120, 296, 307, 316, 409 Hampshire county, 156, 157, 236, 238, 277, 291, 375, 490 associates for, appointed, 31, 87, 145, 187, 226, 279, 317, 356, 485 war charges to be the same as in other counties, 125 committee of war to report on the accounts of, to the council, 148 houses in the towns of, to be located more closely together ; committee to super- intend the affair, ... .... 170 troop, officers of, . . 207 to be paid two thirds of its due for dis- bursements, 324 persons elected associates for, . . 443 Court, 361,411 return from, &c., ... ... 4 Hampton, 2, 6, 42, 56, 75, 77, 88, 99, 110, 132, 145, 187, 211, 245, 252 Samuel Dalton invested with magistrate's power for, 226 commissions withdrawn from persons liv- ing in, 263 Hancoke, Nathaniel, 398 Hankedew, an Indian sachem, 461 Hanniford, Abigail, referred to County Court for power to make a deed, 204 Hanwell, Ambrose, grand juror, 18 Harding, Josiah, 216 Robert, 381 Hardy, John, Sen., surveyor at Salem, . . . 374 Harls, Thomas, 18 Harrison, John, hearing granted to, 92 vs. Richard Wooddey, judgment of the General Court in the case, . . 121, 122 decision of the General Court in favor of, vs. Richard Woodey, .... 121, 122 William, 442 Hart, Joan, granted five hundred acres of land as heir of Edward Rossiter, .... 483 Harte, Elisha, leave to sell the land of, granted, 35 Hartford, 96, 317, 358, 377, 455, 463 Court, 360 Harvard College, .... 57, 443, 451, 459, 493 order of Court requiring president, fellows, graduates, and students to appear be- fore the Court and testify respecting the condition of, 20 all salaried officers to be dismissed ; the president retained conditionally, . . 20 gratuity continued to Ex-President Hoare, 31 Urian Oakes confirmed as president of; salary of the president stated, ... 31 Harvard College, selectmen of towns to en- force the payment of subscriptions to, &c., 32 officers of, not to be exempted from the Indian war tax, 63 letter of the General Court to the towns respecting their subscriptions to, . .143 letter to Ipswich, &c., urging subscriptions for, 143,144 committee on the accounts for the new building, • • 156 collection of subscriptions for, to be en- forced, 195 order for enforcing the collection of sub- Kcription% to, 255 committee to receive subscriptions to, . . 255 Rev. Urian Oakes allowed fifty pounds additional as president of, 263 order enforcing subscriptions to, from de- linquent towns, 268 salary of one hundred and fifty pounds per annum continued to the president of, . 324 allowance to Samuel Torrey as president of, 345 one hundred and fifty pounds allowed to John Rogers as president of; fifty pounds allowed to Samuel Andrews and John Cotton, for acting as presi- dents fro tern, of, 352 committee to examine the accounts of, &c., 359 committee's report respecting the accounts of, &c., approved, 380 grant of Merry koneag Neck and one thousand acres of land to, .... 397 president to be paid once a quarter, . . . 445 committee to collect subscriptions to, 445, 446 one hundred pounds, part of president's salary, paid to the corporation of, . . 479 Harvey, , 488 Hascoll, Hascall, Haskall, John, deputy, . 408 William, 336,494 appointed lieutenant at Gloucester, . . 307 deputy, 309, 351, 408, 476 See Haskett. Haskett, Hasket, Stephen, sentenced for slan- dering Captain George Corwin, &c., . 68 his fine abated, 69 dismissed from service at his request, . . 53 Lieutenant William, 494 See Hascoll. Hassanemesit, Hassanamesit, . . .97, 136, 165 recruit of soldiers for, 69 men, 329 Hatfield, 22, 56, 162, 166, 167, 175, 239 Governor authorized to take measures to recover the captives taken at, . . . 168 GENERAL INDEX. 671 Hatfield, six soldiers to be sent for the defence of, 171 rates of certain inhabitants of, to be res- pited, 182 firearms to be loaned for, 183 a garrison to be provided for, 183 account for dieting garrison soldiers to be paid, 239 released from payment of fifteen pounds, . 298 Hathorne, Haughthorne, Hauthorne, Hawthorn, John, 446, 449, 465, 469, 472, 494, 500, 506, 508 deputy, 407 chosen Assistant, 437, 475, 513 captain at Beverly, 151 William, 14, 15, 21, 26, 45, 46, 58, 70, 98, 103, 117, 132, 154, 185, 192, 232, 239, 445 chosen Assistant, . 1,27,77,131,183,210 surveyor's return of a grant of land to, &c., 104 to hold the Courts in Norfolk county, . 187 Sarah, (widow,) allowed five pounds ar- rears due her husband, 232 Captain, 124 Hauford, 178 Haugh, Ann, 416 See Willis, Edward. Hannah, 250 Samuel, 416 deceased, committee to settle the estate of, 250 committee's report on the debts, &c., of, 278 order thereon, 278 Haughton, Ralph, to be paid for his disburse- ments, 104 Haukes, John, referred to the council, . . . 238 Haverhill, 2, 42, 56, 73, 78, 79, 133, 145, 187, 211, 245, 266, 268, 295, 302, 309, 325, 331, 408, 418, 419, 421, 437, 438, 476, 490, 491, 514. constable to collect certain rates, .... 33 bounds of, laid out and confirmed, ... 40 a frontier town, 79 reunited to Essex county, ...... 264 Haward, John, appointed ensign, 279 See Hayward. Hawkins, Anna, .... 411, 412, 416, 442, 460 Hannah, 432 Rehekah, answer of the General Court to the petition of, 8 petition of, referred to County Court, . 207 allowed eleven pounds, 283 Thomas, vs. Sampson Sheafe, decision of the General Court in the case, . . 153 William, 378 and Anna, granted a hearing at the ses- sion in October, 1683, .... 411,412 Hawkins, William, and Anna, decision in the case of, postponed, 416 and another, vs. Robert Burnap and an- other, time for hearing their case, . . 432 and wife, vs. Robert Burnap and others, committee of inquiry into the case, 444, 445 allowed five pounds for care of a juryman, &c., 452 and wife, decrees of the General Court in their favor, 460 William, an Indian, to be sent away for firing haystacks at Chelmsford, . . 58 Hawley, Hauley, Joseph, 483 deputy, 408, 476 appointed a land surveyor, 375 appointed lieutenant at Northampton, . . 504 Haynes, Heynes, Heines, John, 341, 417, 464, 486, 515 deputy, 408, 420, 437 Sergeant Josiah, 45 Deacon, 86 Hayward, John, 178 appointed postmaster at Boston, .... 147 continued in the office of postmaster at Boston, 273 appointed ensign, 283 appointed lieutenant, 311 Nathaniel, 409 See Haward. Heale, Nicholas, 18 Healey, Healy, William, 232 prison keeper, 82 allowed fees and charges in the case of John Earl, 252 Heath, Bartholomew, referred to the County Court, 316 Richard, 250 See Creeke, Edward. Thomas, 177 Heires, Peter, deputy, 476 See Ayres. Henchman, Hiuchman, Hincksman, Captain Daniel, . . 297, 413, 419, 427, 428, 460 captain at Boston, 33 Captain John, deputy, 421 Lieutenant Thomas, .... 114,295,501 deputy, 78, 99 allowed ten pounds for extra service, . 54 garrison in his house, how to be pro- visioned, 54 appointed captain, 142 order for augmenting the troops of, by adding tliose of Captain Prentice, . .142 his claim of eighty-three pounds ten shillings to be paid in land, and com- mittee appointed to set it off, . . . 206 572 GENEKAL INDEX, Henchman, Thomas, to be paid eighty-three pounds, ten shillings, eight pence, unless, &c., 278 Captain, .... 69, 84, 87, 90, 92, 93, 500 entry relating to a letter from the General Court to, 69 and company, committee of war to fur- nish necessaries to, 69 Lieutenant, ' . . .86, 105 Mr., 10 Hendricke, Daniel, deputy, 309 Henadale, Hendsdall, Samuel, 356 See Hinsdale, Samuel. Heyman, John, 180, 230 referred to the law for satisfaction, . . . 274 Hide, Hannah, 358 Higginson, John, Ensign, 33 committee on the petition of, 34 to be commissioned, 73 lieutenant at Salem, 151 John, Jun., captain of Salem troop, . . 419 Rev. John, Sen., 494 Rev. Mr., 67 Higgs, , 178 Highways, order for laying out a new road to Connecticut, and for payment of In- dian guides, 394 Hill, Isaac, and wife, referred to the County Court, 275 James, appointed ensign at Boston, . . .311 appointed captain, 432 John, 336 Ralph, ensign at Billerica, . . ... 419 Richard, 18 Sarah, 275 Hills, Joseph, 272 exempted from taxes, on account of blind- ness, 377 Hilman, Thomas, 18 Hilton, Catharine, petition of, in behalf of Nicholas Shapleigh, answered, ... 7 Edward, 11 Hinckley, Thomas, 371 Hingham, 2, 10, 42, 43, 56, 77, 98, 132, 210, 260, 266, 268, 294, 301, 302, 309, 315, 394, 408, 420, 437, 476, 487, 511. taxes abated, on account of losses by the Indians, 124 order for enlisting troops in, 232 Weymouth, and Hull, troop to be organ- ized in, 254 persons appointed ofiicers of the troop in, 281 Daniel Cushin empowered to marry per- sons in, . . 377 proceedings of the military foot company at, disapproved, 380 Hingham, number of public houses in, estab- lished, 305 number of jurymen from, 498 Hinsdale, Samuel, 142 See Hensdale. Hippocras, Hyppocras, 19, 20 History of New England, by Rev. William Hubbard, to be perused, 279 Hitchooke, Luke, allowed ten pounds, . . . 236 Hoare, Daniel, sentence of death remitted, &c., 117 John, 82 two hundred acres of land granted to the wife and children of, 359 William, 222,272,317 Dr., resignation of, as president of Har- vard College, 31 Hobart, see Hubbard. Hobson, Elizabeth, referred to the County Court for relief, 515 Hoggeridge, Abel, 18 Holbrook, Holdbrooke, Holbrooke, Holbooke, Hollbrooke, Captain John, 35, 204, 223, 313, 492, 499, 511 deputy, .... 266, 302, 309, 420, 476, 514 Elizabeth, (administratrix,) authorized to execute a deed to James Blake, . 223 Thomas, 17, 443 Captain, . . . ... . 480 Holland, John, ... 343 Hollet, Philip, .... 38 Holloway, Hollowell, Holowell, Benjamin, 222, 251, 296, 332, 356, 416 Mary, 356, 416 William, . . . 251, 332, 340, 416, 507, 512 See Butler, Stephen, and others, referred to a Court of law for redress, 222 and others, case of, heard, not decided, . 297 William, Sen., . > 356, 416 Holton, Joseph, 325, 357 See Allin, James. Holyoke, Hollyoke, Holioke, Hollioke, Elizur, 13, 22 deputy, 2, 42, 43 associate for Hampshire, 31 John, 444 associate for Hampshire, 226 Captain, 35 Homes, John, 204 Nathaniel, petition of, relating to a deed of sale, granted, 204 Obadiah, ... 204 Hooke, Francis, ... 226 See Waldron, Major Richard, invested with magistratical power, . 205, 226 appointed the General Court's attorney in Maine, 39S GENERAL INDEX. 573 ,Hopkins, Mr., 455 Hopkinson, John, 497, 498 Horse hire, price of, in the country's service, . 79 'Horses to be impressed, 91 left on expense to the colony, and not claimed, to be sold, 103 Taluation of, fixed, for the purpose of tax- ation, 138 Houletts, John, 175 See Perkins, Edmund. Houghton, Haughton, John, to be paid five pounds for his ox, 122 Ralph, 341 Houlden, Randall, 192 Hoult's Rocks, 40 House Island, 396 How, Abraham, 253 John, 379, 415 petition referred to October session, 1683, 410 John, Sen., 36 Samuel, 355, 361 See Gookin, Samuel. Howard, Alice, empowered to dispose of her estate, 34 William, 34 Hownaheteamen, Hownaheateaumen, John, an Indian, 368 Hubbard, Hubard, Hobart, John, . . . 215, 328 allowed ten pounds for wounded men, . . 232 committee to audit and discharge the ac- counts of, 467 [Hobart], Joshua, ... 15, 35, 51, 254, 315 deputy, . . . . 2, 14, 42, 43, 210, 260, 309 order to deliver two carbines to, . . . 70 [Hobart], Joshua, Sen., ordered to enlist troops in Hingham, &c., 232 Nehemiah, 146 Richard, 208, 224, 359 Sarah, answer to her petition, 359 William, 336, 345 his compilation of a History of New Eng- land to be perused by the Governor and others, 279 allowed fifty pounds for his History of New England, 378 to be paid for his History as soon as pos- sible, 394 Captain, 10, 52, 69 Hubbard's History of New England, committee appointed to peruse and report on, . 279 Hudson, Abigail, 172 Francis, 51 Mary, 207 James, time for hearing his case appointed, 183 vs. James Brayden and others, judgment of General Court in the case, . . 183 Hudson, James, and another, petition of, in rela- tion to land on Long Island granted, . 207 Samuel, and another, petition for removal of entail denied, .172 William, 32, 33, 306 See Hutson. Hues, Joshua, 442 Hukely, William, 105, 121 Hull, 36, 56, 266, 268, 294, 314 tax of, remitted, in consideration of erect- ing a beacon, 7 order for enlisting troops, 232 &c., troop to be organized in, 254 Hull, Captain John, 129, 250, 278, 290, 297, 302, 304, 317, 322, 332, 341, 351, 352, 372, 377, 382, 393, 412, 421, 427. deputy, ..2,98,260 chosen Assistant, .... 265, 308, 350, 407 chosen Treasurer, .... 78, 131, 184, 210 captain at Boston, 32, 33 mint master, 43, 44 to purchase fifty firearms, 87 (deceased,) committee's report on his ac- counts as Treasurer, .... 428, 429 country's seal to be affixed to the discharge of his accounts, 430 discharge of his accounts as Treasurer from the Governor and Company to the administrators of, ... . 433, 434 Judith, 430, 433 and another, (administrators,) memorial of, relating to the accounts of John Hull, (deceased,) as Treasurer, com- mittee thereon, 427 and another, committee's report on me- morial of, 428, 429 HuUe, Mr., . 340 Humphreys, Humphrys, Humphryes, Hum- freys, Robert, letter of attorney *o, from Governor and Company of Mas- sachusetts Bay, 423, 424 letter of instructions to, 424, 425 letter from the General Court to, . . 430, 431 letters from the Governor and Company to, ... . 439—441, 451, 458, 459, 468 council authorized to furnish more money to, 441 record of letter sent to, 496 Treasurer to provide for the payment of, . 496 to have five pounds, to buy a beaver hat, . 496 address to the king and a letter to be sent to, 505 committee to prepare a letter to, &c., . . 505 Thomas, sworn as constable of Saggede- " hock and Kennebeck, 18 sergeant for Saggedehook, 19 574 GENERAL INDEX. Humphreys, Thomas, clerk of the writs for Saggedehock and Kennebeck, ... 19 marshal for Devonshire, 19 Mr., 464, 469 Hunt, Ephraim, Jun., appointed ensign at Weymouth, 306 Hnnte, Jonathan, 481 Hunter, John, an Indian, 57 See Nahauton, William. Hunting, Captain Samuel, 85, 91 and company, to form a garrison at Pau- tucket, 87 Hurd, Benjamin, 255 Elizabeth, 255 Jacob, and another, administrators, empow- ered to sell real estate, 255 Husbandry, selectmen of towns authorized to impress men to carry on the farms of absent soldiers, 78 Huswives Sound, 403 Hutching, Frances, authorized to act in Court for her husband, 491 John, 491 Hutchinson, Hutcheson, Edward, 6 deputy, 407 on petition, granted three hundred acres of land, 7 on petition, allowed to resign his captain's commission, 17 Elisha, 38, 268, 275, 296, 301, 31), 341, 351, 375, 378, 393, 394, 416, 418, 421, 427, 429, 433, 435, 436, 445, 449, 463, 465, 467, 469, 472, 498, 500, 501, 506, 508, 511. deputy, ....'. 265, 302, 308, 351, 420 chosen Assistant, .... 437, 475, 513 Ensign, 25 Lieutenant, 33 appointed captain, 279 appointed a land surveyor, ..... 374 Captain [Elisha], 269, 297, 303, 317, 339, 340 Hutson, John, 358 Mary, widow, allowed to sell or mortgage real estate, 358 See Hudson. Hutton, John, 268 allowed three pounds, 317 Idlers, order for proceeding against, .... 373 Imports, law against importation of wheat, flour, and biscuit suspended, ... 65 duty on wines, brandy, and rum to be doubled, 138 Impost laws to remain in force for a time fixed, 414 to continue in force, .... . . 438 to be in force one year, 476 Imposts, addition to the law respecting, . . . 502 Inan, Patrick, (wounded stranger,) allowed six pounds for relief, 491 Indian sachems, letter from the General Court to the, 93 instructions to the messengers sent to the, 93, 94 Indian captives, to be disposed of by the coun- cil, 115 Indian war, letter from the General Court to the council at Hartford, giving an account of successes in, &c., 96, 97 at the eastward, forces to be sent to Ken- nebeck, &c., 122, 123 eastern men from deserted places to be impressed, 123 one hundred and fifty men, and provisions, to be sent to Captain Hawthorne, in Yorkshire, 123, 124 Major General Dennison charged with the management of the, 124 General Dennison to repair to Portsmouth, and take the command there, . . . 124 vessels to be impressed, to serve as trans- ports, 125 letter to the Governor of Plymouth, asking aid for, 125, 126 requisition to be made on confederates for their quotas of troops, 138 six rates to be levied for carrying on the, . 138 letter to Connecticut government, calling for their quota of troops, . . . 140, 141 letter to Plymouth, calling for their quota of troops, 141, 142 See Blackpoint, and Scottow, Captain Joshua. Indians, repeal of the law authorizing the sale of arms, ammunition, &c., to, . . . 44 tax to defray the expenses of the war against, 44, 45 regulations for the protection of Boston against, 46 arrangements for protecting the towns against invasion by, 48 letter from the General Court to the major general, relating to the expedition against the, 54 tax for the expenses of the war against, . 55 Waymesitt, suspected of burning a hay- stack ; order to inquire thereinto, . . 57 at Wamesicke, near Chelmsford, to be secured by the major general, ... 58 two taken prisoners at Chelmsford, and sold as spies, 58 trading houses among, to be abolished, . 63 order relating to the confinement and pro- tection of, on the islands, . . . , . 64 GENERAL INDEX. 5n Indians, on Deer Island, to be provided with necessaries, 64 Narragansett, commissioners of the colo- nies to provide against the failure of help from the, 66 order relating to the disposal of two, . . 68 soldiers in towns to watch, and give notice of approaching danger, &c., . . . 71, 72 Mohegin, Pequot, and Ninecraft, council to secure the aid of, in the war, . . 72 bounty of three pounds per head offered for each, killed or captured, .... 72 Eastern, committee to negotiate a peace with, 72 referred to, 123 orders for raising and despatching forces against the. 122 to what places the forces to be sent, . . 122 where to be raised, . .... 122,123 ; • Treasurer and commissary to provide supplies for the forces, 123 all trade with, strictly forbidden, .... 80 (Wachusets,) instructiona to Seth Perry, agent to the, .... .... 82 letter , from the General Court to the sachems near Watchusets, ... 82, 83 confined on the islands to be furnished vfith provisions, 84 committee to enlist seventy for military service, 85 Ponkapaug, to be removed to Brush Hill, . 86 Nashobah and Natick, to be removed to Patucket, 86 Dn Long Island, to be removed, .... 86 committee appointed to oversee the re- moval of, 86 Major Gookin to provide arms, &c., for the Indian soldiers, 87 in public service to be paid their arrears, . 87 women and children to be placed on Cam- bridge Neck, 87 fifty to be armed, and placed under com- mand of Captain Hinchman, ... 87 seventy to be procured to march out with the forces, 91 Cape, 92 one hundred Pequots and Mohegins, with Bome English, to range the Narragan- sett country, &o., 92 Mohawk, movements of, to be inquired into, 94 head quarters of, at Watchusets, ... 96, 97 Captain Thomas Prentice to send out friendly Indiana against hostile, . .101 reward to be given for captured sachems, . 101 certain soldiers to be paid ten shillings for capturing, 101 Indians, committee to report concerning the disposal of peaceable and submis- sive, 114 six rates to be levied for payment of sol- diers in the war against the, .... 120 assistance of the Mohawks, &c., to be pro- cured, 123 Mohawks, provisions to be sent to, . . . 134 order for provisions, forces, &c., for the war against, 133, 134 children, how disposed of, 136 to be restricted to four places named, . . 136 not to bear firearms without a certificate, . 136 to exhibit the certificate on meeting an Englishman, 136 at Hadley and Northampton, . . . . .162 Macquas, letter from the General Court to, " 165, 166 letter to Captain Salisbury respectiug, 166 —168 included in the law against setting fires, . 230 Hampshire County Court empowered to make peace with, 277 Major Pynohon sent on a mission to the Governor of New York, respecting the incursions of the Macquas, or Mohawks, 299 Macquars, Maquas, (Mohawks,) answer of, to Major Pynchon, agreeing to a peace, 319, 320 law against selling arms, ammunition, &c., to, ... 304, 305 order for regulating the, 327, 328 committee's report on the land claims of, in the Nipmug country, 328 committee authorized to buy up the land claims of, 329 Hassanamesit, 342 propositions from the Massachusetts gov- ernment to the Macqua sachems, . . 461 answer of the Macqua sachems to the Massachusetts propositions, . . 461, 462 at Pennacooke, ... 500 militia to be put in order, to repel an ap- prehended invasion of, 500 Wanalanset, and others, to be presented with ten pounds and clothing, to paci- fy them, 500 deed of, to Daniel Gookin, 216 deed of, to Samuel Gookin, 352 deeds from, to William Stoughton and Joseph Dudley, 361 — 37] deed from, to Christopher Lawson, . . . 399 Natick, 329, 342, 464, 531 answer to John Eliot's petition in be- half of, 10 576 GENERAL INDEX. Indians, Natick, committee to examine three as to their designs, 56 the tribe to be sent to Deer Island, ... 57 agreement of Sherburne with, for an ex- change of land, 227 deed from, to Samuel Gookin and Samuel How, 354,355 allowed to sell certain lands, 486 allowed to sell land to Thomas Sawin, . 510 Praying, committee to inquire into the dif- ferences between Marblehead and the, 463 their deed of sale to Marlborough de- clared null and void, &c. ; not to sell lands without license, .... 486, 487 Punckepauge, to be furnished with a gar- rison for their forts, &c., 55 liberty of removal granted to, .... 53 Informers against breakers of the license law to have one third of the fine, . . .375 Ingalls, Henry, 346 Samuel, 259 Ingersoll, George and John, grant of sixty acres of land confirmed to, 301 George, 273, 405 John, 273,301 Innkeepers appointed in the county of Devon, 19 and retailers of liquor, not to be licensed till approved by selectmen, .... 305 license to be renewed annually, .... 305 if violators of the law, not to have license renewed until, &c. ; number of, in Boston and other places fixed, . . . 305 how and by whom punished for violating the law, 305 penalty of two pounds for breach of the law relating to, 414 order adopted for the protection of licensed against unlicensed, 448 committee to agree with the, . . . 484, 487 Insane, selectmen to take the care of, ... 80 Insolvent estates, law for the settlement and division of, . . . . . . 134, 135 Intoxicating drinks, law against the unlicensed sale of, on training days, &c., . . . 211 Ipswich, 2, 33, 36, 39, 42, 43, 56, 57, 77, 98, 132. 143, 175, 210, 225, 232, 245, 256, 260, 266^ 283, 302, 303, 308, 325, 394, 397, 407, 409, 419, 420, 437, 459, 475, 495, 497, 514. Thomas Burnam appointed ensign of in- fantry in, 33 and other towns, letter from the General Court to, asking for contributions to Harvard College, 143, 144 petition of the inhabitants of Chebacho for liberty to build a meeting house re- ferred to, . 146 Ipswich, committee to state the bounds be- tween Manchester and, 149 to be divided, 295 number of public houses, &c., in, estab- lished, 305 and Wenham, hearing in the case of, granted, 345 deed of, from Mascannomet to John Win- throp, Jun., 381 annexed to the port of Salem, .... 383 County Courts at, adjourned, 398 lue, lues, Ives, John, .... 425, 431, 458, 468 one hundred pounds to be sent to him for the use of the colony, 452 Ives, Mr., record of letter sent to, 496 Jackson, Edward, 393 deputy, 42, 43, 98 Faith, answer to her petition for leave to sell lands, 314 John, 442 Jonathan, referred to the next Middlesex County Court, 393 Jacob, John, 511 to have a garrison for his house, .... 75 Nathaniel, referred to a Court of law for remedy, 235 Thomas, appointed ensign at Ipswich, . . 394 Lieutenant, 85 Jamaica, 451, 458, 523 James I., 199 James II., news of his accession communicated to the General Court, and of proclama- tion thereof in Boston, .... 473, 474 James, an Indian, 365, 366, 368 Great, an Indian, 216,217 William, 178 Jarman, Simon, 250 See Creeke, Edward. Jasocomp, an Indian, 366 Jasoomp, Naorrfock, Jun., an Indian, .... 368 Jenkins, Jenkin, Sir Lionel, letter from the Governor and Company to, . .311 — 313 entry respecting a letter to, from the Gen- eral Court, 383 letter to, from the General Court, . . 388, 389 letter from, read in open Court, . . . 446 L. [Sir Lionel], 423 Jenner, Mr., 271, 465 Jersey, 439 Jesson, Jacob, and another, answer to petition of, 10 Jesuits, 199 Jethro, an Indian, 364 Jewett, Jewet, Juett, Ezekiel, .... 497, 498 Joseph, deceased, judgment against the estate of, 39 GENERAL INDEX. 577 Jewett, Jeremiah, 39 Maximilian, 15, 149 deputy, 2, 15, 42, 77, 99 Joales, Mr., 271 Joells, Thomas, 383 John, an Indian sachem, . . .... 82 Johnson, Elizabeth, (executii.x,) empowered to make a deed of sale, 175 (captain's widow,) exempted from taxes for life, 395 allowed ten pounds country pay, . . . .412 Captain Isaac, 25,69,175 Isaac, .... .... 395 John, 273 appointed captain at Rowley, . . . .172 Matthew, deputy, . 514 Thomas, 381 See Townsend, Penu. and another, (administrators,) allowed to sell lands on condition, 490 Lieutenant William, 114, 175, 191, 206, 208, 219, 224, 225, 268, 279, 285, 313, 325, 331, 358, 359, 380, 416, 421, 427, 429^ 433, 434, 436, 446, 463, 465, 469, 472, 480, 492, 494, 499, 500, 506, 508. deputy, 2, 77, 99, 133, 184, 211, 260, 266,303, 309, 351, 408, 420 chosen Assistant, .... 437, 475, 513 fine of, remitted, 264 Lieutenant [William], . . 309, 340 lieutenant of Woburn, . . . 204 Sergeant, . . 182 Jonck, ^ 405 Jones, Mary, 6, 26 Sarah, (widow,) referred to the County Court, 274 Thomas, 274,422 referred to the County Court, .... 507 William, 272 Jordan, Dominicas, 490 Joy, Joye, Thomas, 140 Joyliffe, John, . . . .27, 140, 237, 381, 433, 442 Judson, Randal], .... 45 Randolph, 66 See Roads, John. Juries, see Actions at law. Jurymen, number of, to be summoned, . . . 498 Keeby, Edward, petition of, referred to Suifolk County Court, 7 Keep, Mr., 383 Keeper, Lord, 422 Kellog, Kelog, Abigail, allowed ten pounds, . 321 Joseph, allowance for his team, (im- pressed,) and ferriage of soldiers, . .148 allowed ten pounds, 232 appointed lieutenant at Hadley, . . . 207 VOL. V. 73 Kellog, Joseph, Sen., ensign at Hadley, . . .189 Kellond, Thomas, 200 Kelly, Reynald, grand juror, 18 Kemball, Kemble, see Kimball. Kendrick, Elijah, settlement of his estate con- firmed, 359 Kennebec, .... 5, 16—20, 122, 123, 401, 402 and places adjacent named Devonshire, . 16 River, 399,400 Kennebes, Kenebez, see Abbagasset. Kent, William, Treasurer to discharge the bill of, 207 Kerly, Henry, appointed ensign at Marlbor- ough, 452 Kettle, Richard, appointed ensign at Charles- town, 233 Keyes, Samuel, appointed ensign of a compa- ny in Portsmouth, 21 Kimball, Kemble, Kemball, Benjamin, cornet of Aidover troop, 410 Henry, administrator, empowered to sell lands, &c., 314 Mary, her rate of four pounds remitted, . 122 released temporarily from payment of her rate, 146 referred to Suffolk County Court, . . .411 King, present of cranberries, samp, and codfish to the, 156 letter of, read to the General Court by the Governor, ..... .... 191 oath of allegiance sent from, . . . 192,193 address of the Governor and Company of Massachusetts to the, 197, 198, 456, 458, 466, 467, 495, 496 letter from the General Court in answer to letter of the, 270, 271 copy of his letter of September 30, 1680, to be sent to the major general and magistrates of Essex county, . . . 303 letter from, laid before the General Court, 303 letter from, read in open Court, .... 333 address from the General Court to, . 333, 334 address of the inhabitants of Gloucester to, 334 letters from, &c., read in the General Court, 382 entry respecting an address and petition to, &c., 383 address from the General Court to, . 385, 386 petition and address of the inhabitants of the colony to, 387, 388 petition, &c., to be sent to the agents in London, 388 address from the General Assembly to the, 439,440 letter of, &c., read in the General Court, . 446 petition and address from the Governor and Company to the, .... 456, 458 578 GENERAL INDEX. King, John, 360, 481 deputy, 211 Mark, .... 275 MaTy,'(widow,) case of, left to the County Court, 275 Ralph, time for hearing the case of, ap- pointed, 234 vs. John Blayno, judgment of the Gen- eral Court in the case, . ... 247 appointed lieutenant of Lynn troop, 359 Thomas, 36 King's arms to be carved and erected in the Court House, 203 Kinsman, Robert, 259 Kirke, Sir David, . . . .200 Thomas, . 200 Kittery, . 2, 5, 42, 78, 99, 109, 133, 211, 399, 445 Knapsacks, to be provided, &c., .... 135 Knight, Robert, 452, 454 petition of, referred to County Court, . .174 referred to a course of law, . . 175 KnoUis, Hansierd, .... . . . 445 Knoulton, Thomas, 336 Kuttatuck, Kuttatuk, River, . . . 362, 365, 369 See Nipmug River. Kydder, James, Ensign, '56 Laighton, Thomas, 21 See Leighton, Lauton, Layton. Lake, Mary, 149 Thomas, 149 commissioner to hold the Court in Dev- onshire, 30, 87 captain of a company in Boston, ... 32 Lambe, Joshua, . 208 Lambert, Ednah, 501 Thomas, . 501 lieutenant of Newbury and Rowley troop, 432 Lambson, Samuel, ... 487 Lampereele River, 257 Lancaster, ... 56, 73, 122, 295, 409, 452, 515 exempted from country rates for two years, 341 Land, giants of, by the General Court or towns, to be held in fee simple, . 470, 471 form of a deed from the Governor and Company, conveying a grant of, . . 473 grants not to be laid out except by author- ized surveyors, . . .... 374 Lane, Job, ... . 173, 208, 393, 511 deputy, 99, 261, 476 Langberry, Gregory, . . .18 Langley, John, to be paid five pounds ; com- mittee to examine his account, . . .511 Langton, Samuel, .... .... 90 Lathrop, Lauthrop, Lauthrrop, Lawthrop, Cap- tain Thomas, 34 deputy, . ... 2, 42 Lathrop, Captain Thomas, County Court's set- tlement of his estate confirmed, . .252 Court's judgment relating to the estate of, 275 Mr., (deceased,) Court's decision respect- ing his estate, . 298 Lauson, Deodat, ... 286 Lauton, Henry, answer of the General Court to petition of, 9 Laws, committee appointed to revise and amend the, 244 to be reprinted, 268 committee to consider the state of the, 268 committee for the revision of, urged for- ward, . . . • . 294 committee to revise and print the, . . 301 committee for revisal of, to report at the next session, 303 agreement of the General Court to amend objectionable, 332 capital, act repealing certain sections of, . 339 committee to prepare for the press the, . . 464 committee to revise the, 473 committee for revising to expedite the business, 476 report of committee for revising the, . . 476 revisal of, proceeded in day by day ; to be printed sheet by sheet, . . . 479, 484 of the colony excepted to by the attorney general and solicitor of England ; pro- ceedings of the Court thereon, . 321, 322 of England bounded within the four seas, and do not reach America, .... 200 Lawson, Christopher, Indian deed of Swan Island to, 399 mortgage deed of Swan Island from, to Humphrey Davy, 400, 401 additional deed of Swan Island to Hum- phrey Davy from, 402 Layton, Thomas, authorized to solemnize mar- rieige in Lynn, 206 Leach, Leache, Lawrence, 223 Richard, Lieutenant, 33 lieutenant at Salem village, 172 appointed captain at Salem village, . . 394 Leland, Ley land, Lealand, Lealands, Henry, 56, 227, 228 Hopestill, 535 Learned, Benoni, . . .... . 532 Legal instruments, form of a deed of convey- ance, 473 Legg, John, 307 lieutenant at Marblehead, 419 made a freeman and ensign at Marblehead, 279 Leighton, Lighten, John, 37, 497, 498 Letter to Captain Appleton, 52 to the major general, 54 geMeral index. 579 Letter received from Captaiil Henchman, . . 69 sent to Captain Henchman, 69 to the Indian sagamores, 82 to the Indian sachems, 93 received from Connecticut, 96 to Connecticut, 96, 140, 317 to Sir Joseph Williamson, secretary of state, 118, 119, 161 to Henry Coventry, secretary of state, 118, 160 to the Governor of Plymouth, . . 126, 169 to Plymouth, 141 to Charles II , 157 to the lord chancellor, 158 to the lord privy seal, . . 159 giving an account of Indian outrages, . .162 to Messrs. Stoughton and Bulkeley, agents in England, .... .... 163 to the sachems of the Maquas Indians, . 165 to Captain Salisbury, . . 166 to Governor Andros, at New York, . . .168 received from Charles II., . 191, 261, 303, 382 to the agents in England, . . 201, 220, 391 to the Earl of Sunderland, .... 270, 287 in relation to money due from the county of Norfolk, 276 from the province of New Hampshire, . . 280 to Samuel Dalton, late Treasurer of Nor- folk, 281 to settlers of Casco Bay, 286 to Sir Lionel Jenkins, secretary of state, 311, 388 to Edward Cranfeild, Governor of New Hampshire, 444 &c., received from Charles II., read, . . 446 received from William Blaithwayt, . . . 473 Letters to be sent to the Governor of Plymouth, 92 to ministers and towns, in relation to sub- scriptions, &c., for Harvard College, . 143 loss of, by merchants, 147 to be written to the French Governor of Canada, and to the Indians that have prisoners in possession, 168 &c., to Robert Humphreys, 423, 430, 439, 440, 451, 458, 468 public, from the beginning of these planta- tions to be transcribed, &c., . . 454 to be sent to Mr. Humfreys and Mr. Ives, 496, 505 Leuerdeur, Priscilla, refusal of the General Court to remit the fine of, 148 her petition in favor of her son granted, . 232 Leverett, Leveret, Hudson, and another, time for hearing their case appointed, . .186 and another, vs. Philip Bullis, judgment of the General Court in the case of, 205 Leverett, Leveret, John, 14, 17, 34, 38, 43, 44, 46, 58, 68, 70, 98, 103, 108, 117, 118, 126, 132, 154, 157, 159—161, 185, 191, 204, 238, 249, 406 chosen Governor, . . : . 1, 27, 77, 131, 183 gratuity of one hundred pounds to, . . . 31 one hundred pounds allowed for the inter- ment of, 216 Mrs., 249 Levingston, Robert, 462 Lewis, Edward, proclamation for discovering the murderer of, 41 Thomas, . ' . . 11 License laws, informers against the breakers of, to have one third of the fine, . . 375 Licenses, committee to compound with ordina- ries for, 317 committee to arrange with innkeepers, &c., respecting, 352 Licensing the press. Revs. Thomas Thacher and Increase Mather empowered for, 4 Lincoln, Thomas, appointed ' ensign at Hing- ham, 394 See Lyncolne. Lindall, see Lyndon. Litlefeild, Francis, deputy, 99 Lloyd, Philip, '. 423 Loadstone of the colony, committee to inquire for and secure the, 238 Loan, council authorized to negotiate a, . . . 89 Loans, act encouraging private persons to make loans to the colony, 71 method of procuring, recommended by committee, 96 Lobdell, Isaac, ... 314 John, will of, referred to, 36 Simon, allowed one pound, four shillings, for sundries, 359 London, . . . 387, 421—425, 431, 432, 485, 530 Bishop of, 422 Long, Captain John, surveyor at Charlestown, . 374 Long Island, 207, 406 deed of, from John Sears to Isaac Walker, 403 Long Meadow, 216 Brookj 410 Longham Bridge, 224 Loomis, Samuel, 170 appointed ensign to foot company at West- field, • • • 6 Lord chancellor of England, letter from the General Court to the, .... 153, 159 Lord privy seal of England, letter to, from the General Court, 159, 160 Lord, Richard, to be paid eleven pounds, fif- teen shillings, four pence, .... 377 Robert, vs. Samuel Bishop, Court's judg- ment in the case, 416 580 GENBKAL INDEX. Lord, Robert, Jun., 256, 257, 259 Lothrop, see Lathrop. Louden, James, referred to Middlesex County Court, 325 Lovell, James, petition of, dismissed, . . . .190 Low, Anthony, granted indemnity for his wife, 101 John, 339 Lowle, Benjamin, petition of, dismissed, . . 40 Loyall, Fort, 309, 327, 395 to be maintained at the charge of the col- ony, 310 Luxnn's Sound, ... 403 Lyman, John, Ensign, ... 360 Lyncolne, Samuel, 487 See Lincoln. Lynde, Linde, Lynd, Joseph, 14, 289, 303, 452, 454, 459 deputy, 2, 14, 260, 265, 302 ensign at Charlestown, 307 Simon, 173,264 Lyndon, Augustin, 248, 280 Mary, on petition, divorced from her hus- band, &c., 248 order of the General Court securing cer- tain property to, . . . 243, 249 Timothy, .407 deputy, . ... . 407 Lynn, 2, 42, 43, 56, 77, 98, 103, 104, 132, 210, 232, 260, 266, 295, 302, 308, 359, 378, 407, 420, 437, 460, 476, 487, 514. petition of troopers of, granted, . . .174 town of, and James Olliver, Court's resolve in the case, ... 208 number of public houses in, established, . 305 number of jurymen from, 498 Lynsey, John, . . ... .... 487 Lyon, George, . . 188 Thomas, .... 301 See Newell, Martha. William, 175 entry respecting a license for, . . . .510 Macqua, John, an Indian, 354, 355 Macquas, letter from the General Court to the sachems of the, 165 letter to Captain Salisbury relating to the, 166 Maquas, Maquars, Mohaukes, see Indians. Madox, Maddox, Mary, released from the mar- riage bond, 188 Henry, 188 Madequaim, an Indian, 368 Magistrates, act for commissioning, and defin- ing the powers of, . 139 Magunohog, .300 Mahugkoog, Magungecoog, 228 Maine, province of, 158, 200, 203, 270, 282, 288, 303, 334, 349, 391, 392, 395, 397, 442, 444, 490 Maine, indentures respecting, read, &c., . . 192 two indentures about, delivered to secre- tary to keep, 192 bargain for, by agents ratified, 195 Treasurer to provide for payment of, . . 196 order for the improvement, government, and disposal of, 196 recall of the vote for selling, 226 a government for, to be established, . . 263 return of the committee for settling the government approved, 286 Thomas Danforth elected president of, . . 309 committee to inquire into state of, &c., . 309 return of committee for inquiry into state of, approved, &c., 309, 310 proposals for settling the government of, accepted, 326 ordinances of the Court respecting, . 326, 327 certain lands and islands in, conveyed to the Treasurer for specific purposes, . 397 attorney appointed to receive and dispose of lands, &c., in, belonging to the Governor and Company, 399 Major general, chosen : Daniel Dennison, 1, 27, 77, 183, 210, 265 Daniel Gookin, 308, 350, 407, 436, 475, 513 Maiden, 2, 42, 56, 78, 99, 133, 211, 260, 266, 268, 295, 303, 309, 408, 420, 421, 437, 476, 483 number of jurymen from, . .... 498 Man, Daniel, 267 his certificate of sealing standard weights and measures, 267, 268 John, 222, 272 and others, committee to report on the petition of, . . 317 Man, Isle of, 439 Manchester, . 56 committee to state the bounds between Ipswich and, 149 recommended to neighboring churches for relief, 610 Mannaneset, Mannasset, an Indian, .... 58 sentence against, reversed, 68 Mannapaugh, Monnaipaugh, an Indian, ... 58 sentence against, reversed, 68 Manners and customs ; condemnation of long hair, &c., 59 excesses in apparel condemned, .... 59 persons not to leave the meeting house till the blessing be pronounced, .... 60 order respecting the behavior of youth during public worship, 61 law against profane swearing to be more strictly enforced, 61 ordinance against tippling and excessive drinking at taverns, 61 GENEEAL INDEX. 581 Manners and customs ; ordinance against un- licensed houses of entertainment, . . 61 ordinance against the breach of the fifth commandment, 62 ordinance against inferiors being absent from home in the night, 62 ordinance in addition to law against idle- ness, 62 ordinance against pleasure parties fre- quenting taverns in other towns, . . 63 constables, tithingmen, &c., enjoined more strictly to enforce the laws concern- ing, 469 Manning, Maning, Elizabeth, order in favor of, 317 John, 360, 380 Nicholas, 317 William, 32 to have fifteen pounds out of subscrip- tions to Harvard College, 445 Mr., 143, 144 Mansfield, Andrew, ....'... 358, 378 deputy, .... 266, 302, 308, 351, 407, 420 Joseph, to be compensated for damage by fire, 73 Mr., 325 Maquas, see Indians. Maquaw, Maquau, John, 362, 363 See Mio, John ; also Macqua, John. March, Dorcas, 205 Hugh, vs. his wife, Dorcas, judgment of the General Court in the case of, . . 205 entry respecting the petition of, . . . 379 Marblehead, . 56, 69, 75, 243, 261, 295, 303, 419 order respecting non-freemen of, ... . 8 report of committee respecting the common lands of, accepted, 21 commissioners appointed to end small causes at, 148 fine of the committee of, remitted in part, 307 surveyors for the port of, 374 annexed to the port of Salem, . . . 383 Marichouge, 488 Markham, William, referred to Hampshire County Court, 330, 331 Marlborough, 56, 75, 82, 85, 93, 96, 142, 205, 216, 230, 261, 266, 268, 279, 295, 303, 309, 315, 329, 342, 353, 358, 411, 421, 452, 485, 515, 531. report of committee for settling the alTairs of, accepted by the General Court, . 7 hearing granted to certain inhabitants of, . 36 provisions, &c., to be sent to head quarters at, 74 authority given to call a town meeting and elect officers in, 145 Marlborough, petition of, for a hact of land, refused, 180 committee to settle the difRcullies of, . .231 committee's return concerning the affairs of, accepted, 252—254 committee to inquire into the difficulties between the Praying Indians and, . 463 Indian sale of land to, declared null and void, 486 Marsh, Alexander, 301 Marsh, Marish, James Rumney, Rumly, 362. 510 Marshal, order relating to returns of attach- ments by, 29 See Marshals. Marshal general, John Green elected, . . . 322 salary of, fixed at forty pounds per annum, 456 Marshall, Benjamin, vs. Samuel Pepin, judg- ment of the General Court in the case, 246 John, paid three pounds for extra attend- ance on the Court, 474 Marshals and constables, interested persons not to be appointed deputies of, . . 28 Marshfield, Samuel, 411, 481 deputy, 266, 408, 437 appointed a land surveyor, 375 Marston, Ephraim, 400 John, 273 appointed ensign, 419 Manasses, appointed cornet of Salem troop, 442 Thomas, deputy, 132 Martin, Martyn, George, and others, hearing on petition of, granted to, 6 Richard, . . . 190, 246, 256, 257, 259, 404 deputy, 211 associate for Dover and Portsmouth, 31, 88, 186, 226 invested with magistratical power, 101, 145, 186, 226 associate for Dover, 145 collector for Piscataqua, 243 Susanna, 6 and Mary Jones, vs. Nathaniel Winslow, judgment of the General Court in the case of, 26 Thomas, allowed to purchase land of the Indians, 275 Mr., 125 Mrs., 256 Maryland, 4|2 Maschannomet, Masconnomet, Maschonnamet, Musoonmet, an Indian sagamore, pay- ment for his lands in Ipswich acknowl- edged, 381 Mason, Ann, 113 582 GENERAL INDEX. Mason, Arthur, allowed five pounds for horse lost in country's service, 10 Content, 412 See Wales, John. Hugh, . 7, 8, 14, 34, 68, 80, 143, 144, 181, 182 deputy, 42, 43, 77, 98, 132 John, 303,412 (executor,) empowered to make sale, &c., 359 Joseph, 113 Robert, 335, 336 Mr., 99, 109, 111—113, 115, 158, 159, 197, 303, 312, 334, 348, 349, 382, 389 See Gorges, and Mason. Mason's claims, letter from Governor Bradstreet to Sir Lionel Jenkins respecting, 388, 389 disinterested persons to hold a Court in Essex for trial of the cases referring to, 398 Massachusetts, inhabitants of, not to serve in • America under any foreign prince, 446, 447 Mat Waisk, an Indian, 368 Mataunp, Mattaorap, Wet, an Indian, . . . 368 Mathew, an Indian, 39 Mather, Elizabeth, case of, referred to the County Court, 275 Increase, licenser of the press, ... 4 salary of, as president of Harvard Col- lege, established, . . . 324 and John Cotton, Sen., plat of four hun- dred acres of land confirmed to, . . 486 Rev. Mr., to be desired to preach before the Court, February 13, 1682-3, 383, 385 Mr., 345 Maudesley, John, 238 referred to Hampshire County Court, . . 352 Maverick, Mavericke, Cathariile, widow, case of, referred to Suffolk County Court, . 277 John, 277 Moses, 307 authorized to perform the marriage rite, and administer oaths, 148 commissioner for small causes at Mar- blehead, 148 May, Abigail, widow, authorized to make a deed of sale, 188 Samuel, 188 Mayanexet, 488 Measures, see Weights and Measures. Medfield, 2, 23, 42, 56, 72, 99, 101, 133, 188, 189, • 229, 260, 294. 303, 309, 342, 415, 420, 468, 485, 514, 533, 5^. a frontier town, . . . ... 79 petition referred to the October session, . 104 taxes abated, on account of losses by the Indians, . . . . .124 Medfield and Sherborne, one hundred and twenty pounds remitted to, ... . 274 committee to apportion the money, . . . 274 Medford, ....'. 56 soldiers of, to be exercised by a sergeant, 15 declared to be a '' peculiar," &c.j . . . 456 Meejkoneage Neck, 392 Meeting houses, law against the erecting of, without leave, and penalty for its vio- lation, 213 Mendham, 56, 92 Mendon, 69, 97, 190, 342, 378, 442, 455, 485, 531, 533, 535 committee to settle the difficulties of, . . 6 inhabitants of, not to forsake their habita- tions, on pain of forfeiture, .... 65 report of committee for settling religious and civil diff'erences of, accepted, . . 25 standing committee for, appointed, ... 40 garrison to be increased by ten men, . . 51 inhabitants not to forsake the town, under penalty, &c., . . 51 petition of inhabitauts relating to public charges granted, . ... 234 committee for locating buildings and set- tling a minister, .... 235 order relating to non-residents of, con- tinued, 325 answer to the petition of, touching country rates, &c., . . 356 selectmen of, empowered to assess non- resident proprietors, 454. exempted from country rates for one year, 471 Menuniou, an Indian, 364 Mennnion, Elisha, an Indian, 378 Menunnion, William, an Indian, 378 Merrimac River, 89, 109, 110, 137, 158, 227, 348, 389, 419, 430 an island in, granted to Major Dennison, . 171 Court's action as to granting an island in, to Captain James Olliver, . . 278, 279 villages south of, referred to, 312 Merrykoneag Neck, granted to Harvard Col- lege, . . 397 Messenger, Edward, to have his horse restored, &c., 175 Metals, one thousand acres granted to Major Pynchon and others, to encourage them in searching for, 482 Metananamit, 217 Mexican coin, to pass as current money of New England, 351, 373 Micos, Magus, Magos, John, an Indian, . 353 — 355 See Maquaw, Macqua, Mooqua. Middlecott, Midlecot, Richard, . . . 176, 331 See Giffard, John. GENERAL INDEX. 583 Middlecot, , 178 Middlesex county, 156, 236, 323, 332, 443, 457, 458, 531 regiment to be put into a posture of war, . 53 Indian war tax, 55 quotas for the Indian war, . . 73, 85, 91, 123 regiment, Daniel Gookin appointed ser- geant major of, .83 inhabitants of, to carry their corn for rates to Charlestown or Cambridge, . . . 236 militia divided into two regiments, . . 295 Court, 359, 379, 393, 397, 398, 431, 459, 507, 510, 516 Midleton, James, corporal for Saggedehock, . 19 Mighill, Stephen, 497, 498 Mihell, Thomas, 405 Milion, Elisha, an Indian, 362, 364 Joseph, an Indian, . . 362 Military affairs, Rowley case concerning, to be heard, ... . 7 companies that exceed two hundred to be divided, .... ... .16 soldiers of Rowley village, where to train, 16 masters of coasting vessels not to be ex- empt from training, 30, 33 town committees to designate persons fqf military officers, 30 three fourths of the militia liable to be drafted into service, 47 ordinances for regulating the conduct of the soldiers, ... .... 49, 50 guards and garrison soldiers, how regulated, 50 officers of the troop in Suffolk county, . . 52 letter of instructions from the General Court to Captain Appleton, respecting the forces under his command, ... 52 the forces of Suffolk and Middlesex to be put into marching order, 53 reenforcement sent to protect Dover, Ports- mouth, and Yorkshire, 53 reenforcement to be raised in Norfolk and Essex, 53 town committees of militia authorized to settle military accounts, &c., ... 66 captains appointed for the expedition against the Indians, 69 major of Suffolk to send eighteen soldiers to Hassanemesit, 69 majors and other officers allowed to pursue the enemy beyond the bounds of their county, during the war, 70 order for impressing troopers repealed, . 70 volunteers to be subject to martial regu- lations, 71 law entitled " Guards and Garrison Sol- diers" to be put in execution, ... 71 Military affairs ; one hundred men to be im- pressed in Suffolk county for service, 72 quotas of the several counties, &c., for the Indian war, 73 supplies to be sent to the company at Lan- caster, 73 provisions to be sent to head quarters at Marlborough, .... .... 74 the commander-in-chief, with his forces, ordered to join the Connecticut forces, 74 storehouse and hospital to be erected at head quarters, . 75 order to Major General Dennison for the disposition of the forces at Marlbor- ough, 75 entry relating to granting of commissions, 76 order relating to Captain Benjamin Gibbs and his troop of volunteers, .... 77 delinquent soldiers to be fined, &c., . . 78 town committees of militia authorized to execute the law against delinquent soldiers, . .... ... 79 hire of horses for troopers fixed at eighteen pence per week, 79 standing committee to consider and report on the case of wounded soldiers, . . 80 four troops dismissed to their homes for a week, 84 quotas of soldiers to be drafted from Suf- folk, Essex, Middlesex, and Norfolk, . 85 the major general to attend the mustering of the forces at Concord, 85 the majors to impress one hundred horses, for transportation, 85 commissaries to furnish provisions for five hundred men for one month, . . 85, 91 order for raising infantry and cavalry in the several counties, 91 major general to muster the forces at Con- cord, 91 one hundred baggage horses and fifty hos- tlers to be impressed, 91 seventy Indians to be enlisted, armed, and equipped, 91 army to be provisioned, and march with- out delay, 92 forces from Connecticut and Plymouth to be called for, 92 order relating to sick soldiers, provisions for garrisons, &c., 92 propositions respecting volunteers, . . 94, 95 quota of Suffolk soldiers and Indians for the eastern service, 122 quota of Essex and Middlesex soldiers for the east, 122, 123 eastern men to be impressed for service, . 123 584 GENEKAL INDEX. Military affairs; order for procuring supplies for the eastern forces, 123 musketeers required to provide knapsacks, &o., 135 provisions and clothing ordered for the soldiers in Yorkshire, 135 prices of provisions, ammunition, &c., fixed, 137 young men out of employment in York, Dover, and Portsmouth counties to be impressed into service, .... 144 Treasurer ordered to pay one hundred and seventy pounds, seventeen shil- lings, seven pence, in accordance with the report of the committee of the army, ... . 147 captain's commission to decide preceden- cy of companies, 194 major general to take order for supplying towns with ammunition, &c., . . .215 Captain Hobart ajuthorized to enlist men in Hingham, &c., 232 order relating to regimental musters, . . 236 order to prevent certain persons from escap- ing military duty, 242 drummers required to serve, under penalty, &c., 243 fines of troopers remitted, 251 troop in Hingham, &c., to be organized, . 254 form of a captain's commission, .... 261 explanation of the order respecting the form of officers' commissions, . . . 266 persons entreated by the General Court to accept captains' commissions, . . . 269 militia of Sufiblk divided into two regi- ments, .... 294 militia of Middlesex divided into two regiments, 295 militia of Essex divided into two regi- ments, .... 295 Captain Hammond's company, at Charles- town, to be divided into two, &c., . . 293 order relating to enlistment of troopers in Essex county, &c.. . 321 majors of new regiments desired to sig- nify acceptance of office, 323 majors of new regiments desired to give their answers accepting said offices, 332 commissions to be supplied to officers des- titute thereof. 385 a new troop organized for Beverly and Wenham, 409 inhabitants of Andover, Topsfield, &c., allowed to complete their troop, &c., . 410 persons appointed officers of the troop in Boston, 418 Military affairs ; order for organizing a troop in Salisbury, &c., .419 Major Robert Pike authorized to enlist a troop, 438 Military officers exempted from being chosen constables, 366 Military trainings, limited to four days, . 211, 212 • penalty for delinquencies, 212 Millet, Thomas, 336 Millers River, 482 Mills, Samuel, 468 Milton, 51, 53, 55, 56, 64, 261, 266, 294, 303, 309, 316, 421 inhabitants of, to aid in its defence, ... 73 certain inhabitants of, relieved from rates imposed by Dorchester, 188 petition of selectmen of, rejected, . . . 207 Mines of gold and silver, persons to be ap- pointed to inquire after, 383 Minot, George, order on the petition of, . . . 277 Stephen, 129 True Cross, (widow,) empowered to make sundry deeds of sale, 129 Mint masters, committee to. appoint, .... 29 contract with the, 43 Misdemeanors, single women and wives with absent husbands forbidden to lodge sojourners without leave ; penalty, five pounds, 4 magistrates empowered in certain cases to punish, 453 Mitchell, Mitchaell, Jonathan, 397 Margaret, (widow,) Middlesex County Court empowered to act for her good, &c., 397,398 Mary, petition of, refused, 301 Mr., 173 Michelson, Mitchelson, Edward, . . . 176, 177 marshal general, writ of execution direct- ed to, 256 Modesley, John, appointed lieutenant at West- field, 189 See Maudsley ; also Moseley. Mohawks, . . 94, 138 See Indians. Mohegin Indians, .... 92 See Indians. Monck, Moncke, George, and John Wing, com- mittee to examine their accounts of public expenses, 453 allowed to erect a timber shed in Boston, . 506 Monhegin, 18—20, 122 Moody, Caleb, 336 deputy, 132, 184 Joshua, vote -of thanks to, for his election sermon, &o., 7 GENERAL INDEX. 585 Moody, Rev. Joshua, his election sermon re- quested for the press, 34 Moonisco, George, an Indian, ....".. 364 Mooqua, Maqua, John, an Indian, . . . 531 — 533 See Mico, John. Moore, John, appointed ensign, 419 Captain Richard, surveyor at Salem, . .374 Morrice, Morice, Morris, Edward, 426, 441, 46T, 468, 471, 484, 487, 493, 512 deputy, 184, 210, 260, 265, 302, 308, 351, 407, 420, 437, 475, 514 Morse, Daniel, 364 Daniel, Sen., 227, 228 Elizabeth, (widow,) granted two hundred acres of land, 254 John, 85, 91, 152, 254 Jonathan, ensign at Sherborne, .... 377 Obadiah, 227, 228, 364, 531 Moseley, Mosely, John, 170 Captain, committee to confer with, respect- ing his offer of service, ..... 94 propositions of, &c., relating to volun- teers, adopted, 94, 95 See Maudsley ; also Modesley. Moumition, Joseph, an Indian, ... . . 378 Mountford, Mountfort, Edmund, 140 Muddy River, 507 Mumford, William, 442 Mun, John, allowed payment of seven pounds, six shillings, 231 to be paid five pounds in country pay, . . 360 to be paid twelve pounds, . .... 412 Munjoy, Mountjoy, George, 395 commissioner to hold the Court in Devon- shire, . . 30 associate for Yorkshire, . .... 31, 87 allowance for laying out the eastern bound- aries, 207 Mary, 395, 396 See Danforth, Thomas. Mr., 102 Musgrave, Jabez, a wounded soldier, allowed ten pounds, 280 allowed one pound per annum, . . . .418 Naaskomit, Sarah, .... .... 217 Naffe, William, empowered to sell lands, on condition, 418 Nahauton, William, and another, not to be molested in passing between Punca- paug and their own place, .... 57 Nanatoho, an Indian, 368 Naponset, addition to the guard for the powder and grist mills at, 73 Narragansett, 127 order to make good the loss of arm.3 and clothes by the fire at, 115 VOL. V. 74 Narragansett country, 92 Na«quamit, John, an Indian, 216 Nash, Jacob, appointed quartermaster to Hing- ham troop, 301 deputy, 437 Timothy, appointed ensign at Hadley, . . 233 Nashaway, 39, 329 Nashaway River, 310 Nashobah Indians to be removed to Patucket, . 86 Naskonit, John, 217 Peter, an Indian, 216 Natanis Brook, 482 Natiok, 10, 55, 136, 165—167, 229, 230, 298, 327, 329, 353—355, 361, 464, 531, 533 order to run the line between Dedham and, 485,486 bounds of, referred to, 37 and Sherborne, exchange of lands be- tween, 227 Indians, see Indians. Naumkeage, . 389 Nausquanit, ... 217 Naval office, to be erected in Boston, .... 337 (customhouse,) addition to the law enti- tled, 383,384 Naval officer, oath to be taken by the, . . . 338 commission of the, 338 Nathaniel Clarke appointed, for Newbury and Salisbury, 439 Benjamin Gerrish appointed, for Salem, . 438 Samuel Nowell appointed, 510 Navigation acts of England, order for enforcing obedience to the, ....... 155 Court's reply to objections to their course respecting, 200 Governor and council empowered to en- force the observance of, 236 of Parliament, to be proclaimed in the market-place at Boston, . ... 337 order for carrying into effect the, .... 337 oath required by his majesty for the exe- cution of, administered to the Govern- or by order of the General Court, . . 262 Nawaggen, Cape, Capenawaghen, .... 5, 17 Neale, Andrew, 175 Francis, 172 Francis, Sen., 273 Francis, Jun., 273 Jeremiah, referred to the County Court, . 510 Captain, 113 Neancit, Noancit, Sam, 362, 364 Needome, William, petition ):elating to salvage answered, 147 Negewomicke River, 234 Nehemiah, an Indian, 362, 364 Nelson, Philip, 39, 92, 149, 233, 336 586 GENERAL INDEX. Nemapanet, 217 Nepsuohnit, 97 Nequanit, Old, an Indian, 216 Newbury, 2, 42, 43, 56, 77, 98, 127, 132, 145, 187, 206, 210, 232, 245, 260, 266, 268, 295, 302, 303, 308, 325, 374, 379, 394, 408, 409, 418, 420, 432, 437, 476, 514. John Woodbridge invested with magistrat- ical power for, . 226 empowered to raise sixty pounds per an- num, for a schoolmaster's salary, . . 272 bridge made a free county bridge, &c., . 280 to be divided, 295 order relating to the schoolmaster at, . . 299 number of public houses in, established, . 305 grant of sixty pounds per annum to the schoolmaster of, repealed, . . .316 annexed to the port of Salem, . . 383 soldiers to be divided into two companies, 431 Nathaniel Clarke appointed naval officer for, 439 John Woodbridge authorized to solemnize marriage, &c., in, 483 Newbury's, Newbery, Farm, 104, 121 New England, committee to peruse and report on Hubbard's History of, 279 Rev. William Hubbard allowed fifty pounds for his History of, 378 New Cambridge, 412 Newell, Isaac, 367 Jacob, ♦. . . 283, 301 Martha, order in favor of, renewed, . . . 283 (administratrix,) empowered to make a deed, &c., 301 Newhall's lots, 460 New Hampshire, . . . . 270, 388, 527 — 529 Court's answer to objections respecting the resettlement of, ... . ... 200 letter from the president, council, and Gen- eral Assembly of, read and ordered on file, 280,281 Court's letter to Mr. Dalton respecting rates due from, . .... . 281 controversy, see Gorges, and Mason, letter to the towns in, calling for their arrears, 276, 277 letter to the Governor of, relating to exac- tions from citizens of the province of Maine, 444 New London, 141,488 Newman, Antipas, 314 John, (administrator,) request of, granted, . 314 Newport, Andrew, 530 New York, 457, 461, 490 answer to, about removing the eastern people, 123 Nioholet, Nicholett, Rev. Mr., 67 Nicholls, James, . 487 Colonel, 109 Niokles, Robert, . 273 Ninicraft Indians, see Indians. Nipmug, Nepmuck, Nepmug country, 264, 409, 467, 487, 488, 506 committee to inquire as to the Indian title of land in the, 315 committee's report on the Indian claims to lands in, . 328, 329 committee empowered to buy up Indian claims to land in, 329 return of the committee for purchasing the, 341, 342 Court's order relative to the purchase of, . 342 committee to make deeds of sale of, from the Indians to the Governor and Com- pany of Massachusetts Bay, .... 352 deed of conveyance of, made by the In- diair proprietors to agents of the Gov- ernor and Company of Massachusetts, 361 —364 deed of, acknowledged, 365 deed of, from William Stoughton and Jo- seph Dudley, agents, &c., to Simon Bradstreet, Governor of Massachusetts Bay Colony, 367,369,371 second deed of the, from Indian proprie- tors to agents of the Governor and Company of Massachusetts, . . 365 — 368 Nipmug River, 362, 369 See Kuttatuck River. Noble, Thomas, 238 Noddle's Island, i6 freed from incumbrance, and confirmed to Samuel Shrimpton, 413 Nonantum, 230 Norden, Samuel, . 150 freed from imprisonment, 417 Norfolk county, 53, 54, 156, 187, 236, 276, 281, 316, 321, 438 William Stoughton appointed to hold the Courts for, .... 5 commissioners for, 30 associates for, appointed, 31. 88, 145, 187, 226 quotas for the Indian war, . . . .73, 85, 91 Courts, where to be held, 88 Major General Dennison appointed to hold the Courts in, . 88 Salisbury, Haverhill, and Amesbury, for- merly belonging to, joined to Essex county, 264 records of lands to be kept in some town north of Merrimac River, 264 Norman, Richard, 307 GENERAL INDEX. 587 Norman, Richard, ensign at Marblehead, . . 69 made a freeman and lieutenant at Marble- head, 279 Normansell, Richard, 422 Northampton, 2, 42, 56, 78, 92, 99, 133, 162, 166, 21), 266, 268, 277, 309, 360, 408, 421, 437, 444, 476, 482, 504, 514. garrison to be reduced, &c., . . . . 90, 91 taxes abated, on account of losses by the Indians, 125 brandmark for, 324 emendation of the record of the bounds of, 480 agreement respecting the bounds between Springfield and, ratified by the Court, 481 Northen, Ezekiel, 336, 497, 498 Norton, George, appointed ensign at SufReld, . 327 Notary public, seal to be provided for, de- scribed, ... 438 Nova Francia, . . 116 Nowell, Nowel, John, 307 Josiah, 216 Mrs. Parnell, surveyor's return of her farm approved,- 233,234 Samuel, 304, 309, 322, 332,.359, 368, 371, 372, 380, 382, 414, 421, 430, 434, 436, 441, 446, 464, 465, 469, 472, 473, 476, 484, 486, 487, 494, 500, 506—508, 516. chosen Assistant, 265, 308, 350, 407, 436, 475, 513 commissioner of the United Colonies, 436, 475, 513 commissioner in reserve, .... 350, 407 appointed chaplain to the expedition against the Indians, 75 surveyor's return of his farm approved, 233, 234 allowed thirty pounds for public ser- vices, &c., 303 one of the agents to England, .... 304 and Thomas Danforth, granted the island of Chebiscodego, in full satisfaction for public services, 441, 442 chosen Treasurer, 505, 513 appointed naval officer, 510 Mr. [Samuel], . . . 339, 359, 416, 454, 505 N jyes, Noyse, Noyce, Mary, . . . . 310,341 Nicholas, 316,336 deputy, 210, 266, 302 Peter, deputy, 211 Thomas, captain at Newbury, 409 Ensign, . 40 Nuisances, law for the prevention and removal of, 438 Nurse, Francis, 417, 429 See Allen. James ; also Endicot, Zerub- babel. Nurse, Francis, committee to state the bounds of his farm, 204 Nutter, Anthony, deputy, 2, 78 Lieutenant, 190 Oakes, Edward, deputy, 2, 14, 42, 43, 77, 98, 132, 184, 210, 260, 266, 302, 308, 420, 437, 514 Urian, chosen president of Harvard Col- lege, 31 vote of thanks for his services as presi- dent of Harvard College, 57 requested to continue in office, ... 57 allowed fifty pounds per annum, as pres- ident of Harvard College, .... 263 Mr. [Urian], 352 Rev. Mr., : . . 192 Oath of allegiance, 191 — 193 Oaths ancT subscriptions, enactments for en- forcing the law prescribing, . . 154, 155 Odianne, an Indian sachem, 461 Okonkonomesit, Konkonomesit, 216 Old Queen, an Indian sachem, 82 Oliver, Olliver, David, 18 James, 33, 52, 57, 65, 279, 283 and another, allowed one half of eight barrels of powder seized and saved from exportation by them, . . . . 57 authorized to search for and seize pow- der intended for exportation, ... 57 &c., and the town of Lynn, Court's re- solve in the case, 208 discharged from his place of captain, at his request, 278 Court's action as to granting an island to, 278,279 granted two hundred acres of land, . . 331 John, appointed ensign at Boston, . . .189 appointed lieutenant, 419 Richard, 18, 19 appointed recorder and clerk of the Courts in Devonshire, 18 clerk of the writs in Monhegin, ... 19 associate for Devonshire, 30 Captain, 32, 69 Ong, Jacob, vs. John Fuller, judgment of the General Court in the case, .... 246 Onnamaug, Sarah, (Indian,) allowed to sell certain lands, ... 315 Oonomog, an Indian, 216 Oppression, order to punish merchants, me- chanics, and laborers for, 62 Orchard, Robert, 131,392 order of the General Court in favor of, . . 398 Ordinaries, keepers of, not to recover liquor debts by law, and to be fined on con- viction, 242 committee to agree with, continued, . . 412 588 GENEKAL INDEX. Ordinaries and taverns, committee to make an agreement with keepers of, ... . 441 Ormond, Duke of, 422 Osbourne, Nicholas, 18 Osgood, John, 346, 393 captain of Andover troop, 410 Lieutenant, .... 86 Oxenbridge, John, 6, 32 an executor of Governor Bellingham's will, 24 Oyster River, inhabitants empowered to choose selectmen, with power to lay a rate or rates, . 38 Pacatucke River, ..... .97 Paddy, , 186 Paige, Nicholas, 115 sentence of the Court against, .... 13 Onesiphirus, to be paid four poundsj . . 485 Palmer, Henry, 15, 18 deputy, 2,15,78,133,184,211 John, Sen., 18 commissioner to hold Courts in Devon- shire, .... 19 associate for Devonshire, 30 John, Jun., . .... .... 18 Palmers, Christopher, consideration of his pe- tition postponed, 116 Pamposit, Pamphosit, an Indian, 368 Papcunquanaut, Papconquenaut, an Indian, 365, 368 Papomsham, Popomshant, an Indian, . 365, 367 Parker, Elizabeth, administratrix, allowed to sell lands on condition, 490 Parker, Hannaniah, appointed ensign at Read- ing, . . 283 appointed lieutenant at Reading, . . . 452 deputy, 421, 437 James, . . 236 deputy, . . 421 John, Sergeant, . .... 18, 40 Joseph, Sen., .... . 490 Joseph, Jun., .... 490 Richard, 402 Thomas, . ... . . .18 Parks, Park, Parkes, John, . . .... 173 allowed eight pounds on account of wounds in service, .... . . . 207 Thomas, 207 petition of, in favor of his son referred, &c., . 173 William, . . 6, 7, 14, 25, 26, 80, 367, 426, 453 deputy, 2, 14, 77, 98, 132, 260 of the committee for Mendon, . . .40 Parnell, Thomas, ... . . . 18 Parsons, Deacon Benjamin, 417 Joseph, Sen., appointed cornet of Hamp- shire troop, . . . 207 Thomas, 75 Parsons, Thomas, paid for his cattle, .... 58 Partridge, Patrige, Partrigg, Partrig, John, . . 274 and others, answer to their petition, . . .314. Samuel, 298,321 allowed twenty pounds for ferriage at Hadley, 171 appointed quartermaster of Major Pyn- chon's troop, 394 associate for Hampshire, . .... 485 deputy, 421, 475, 514 Pascataqua, Piscataqua, 136, 141 soldiers, &o., to be sent to, 123 River, 72, 73, 141, 158, 445 Patch, Abraham, and others, sale of their lands confirmed, 39 Edmund, 39 John, appointed ensign at Beverly, . . .311 Thomas, ; 336 Patchaog Hill, ! .... 413 Patent line and bounds, opinion of the justices of the Court of King's Bench con- cerning, 163 north boundary line of, see Mason, and Gorges. See Charter." Patten, Pattyn, John, . . 9, 24 Nathaniel, 9, 24 decree of the General Court on petition of Thomas Patten respecting estate of, 23 Thomas, granted a hearing on his petition, 9 answer to the petition of, 23 Patteshall, Edmund, 18,400 commissioner to hold Courts in Devon- shire, .... 19 Richard, 401, 488, 489 paid seventeen pounds two shillings for his brigandine, &c., .... . . 494 Robert, 401 associate for Devonshire, 30 Pauataw, Pacataw, Peter, an Indian, .... 368 Pautucket, Samuel Hunting and company to make a garrison at, 87 Payne, Paine, John, granted eighteen hundred acres of land, 41 Thomas, . 169 Peabody, Pebody, John, 480, 498 appointed ensign at Topsfield, .... 394 Pearce, Pearse, Peirse, Peiroe, Peirc, Daniel, 336, 483 deputy, 351, 408, 420 appointed captain at Newbury, .... 206 John, ... . 442 Richard, Jun., 18 Thomas, and another, referred to Suffolk County Court, 379 Captain, 431 GENEEAL INDEX. 589 Peirc, Mrs., 122 Pearson, see Peirson. Peck, Pecke, Simon, 454, 471 Pecker, James, 325 Peculiars, County Court to decide certain ques- tions relating to, 269 constables of towns to act in, 373 Pegin, Pegan, Eleazar, . . . 362, 364, 531 — 533 Pegwakick, 123 Peirce, Peirse, see Pearce. Peirson, Pearson, George, 426 John, deputy, 184, 210, 260, 266, 303, 421, 476, 514 [John], deputy, 351 Pemaquid, 5, 17—20, 162, 168 Pendleton, Bryan, associate for Yorkshire, . 31, 87 and others, granted land for a new planta- tion ; committee to order it, .... 37 allowed twenty pounds for his oxen, &c., . 149 Major, 102 Pengrey, Moses, Sen., 336 Penny, William, . 250 See Creeke, Edward. petition to return refused, 286 Pennyman, James, (deceased,) administrators of, empowered to pass deeds of sale, 291 Pepagous, Pepugous, an Indian, . . . 365, 367 Pepin, Samuel, 246 See Marshall, Benjamin. Pequot Indians, 92 See Indians. Perkins, Edmund, and others, refused permis- sion to sell certain real estate, . . .175 John, 36, 336 Susanna, 175 William, Sen., granted one hundred acres of land, 233 Quartermaster, his account referred to a committee, 146 Perry, Ann, 483 See Sheffield, Ann. Seth, 83 instructions to, as agent to the sachems at Wachusets, 82 Peter, an Indian messenger, 82 Peterborough, Earl of, 422 Petition and address to Charles II., 106, 197, 439, 456, 495 and address of the inhabitants of Glouces- ter, alias Cape Ann, to Charles II., . 334 of the inhabitants of the colony to the king, 387,388 money, to be divided among members of the General Court, 268 act of the General Court relating to the pa)rment of, &c., 269 Petitions, hearing upon, deferred, on account of the war, 89 Phelps, George, 35 Philbrick, Thomas, ensign at Hampton, . . . 252 Philip, 106 and others, Indian sachems, letter from the General Court to, 82, 83 Philip's war, all accounts of disbursements for, to be presented within a certain time, 185 order respecting the accounts of disburse- ments for, 190 Phillips, Henry, deputy, 99,421 John, 180, 230, 404, 428, 433, 452—454, 459, 467, 498, 505 deputy, 407, 420, 437, 475, 514 appointed ensign at Charlestown, . . . 252 lieutenant at Charlestown, 307 Mary, empowered to sell wood lots, . .316 Rev. Samuel, 233 See Rowley. Samuel, . 345 Thomas, 18 William, 18 Phippen, Joseph, 273 Piambow, Pyambow, Pyamboho, an Indian, 217, 227, 228, 353—355, 361, 364 Pickard, John, 336, 498 deputy, 351, 408 Pickering, John, 233, 273 Ensign, 33 ensign at Salem, 204 Pigot, Pigott, 526 Pike, Pyke, Joseph, 336 James, Jun., 487 Robert, 149, 187, 321, 372, 382, 414, 420, 421, 430, 446, 449, 469, 494 deputy, 302, 309 chosen Assistant, . 350, 407, 437, 475, 513 associate for Norfolk, . . 5, 31, 88, 187, 226 commissioner for Norfolk, 30 associate for Dover and Portsmouth, 31, 226 allowed twenty pounds expenses during the Indian war, 379 captain of a troop in Salisbury, &o., . .419 authorized to enlist a troop, 438 Major [Robert], 319,316 Major, 54, 180, 181 committee of militia for Salisbury to take his accounts, 145 See Salisbury. Pinchon, see Pynchon. Pirates, law for the suppression of, . . 447, 448 expedition to be fitted out against ; Cap- tain Sampson Waters commissioned as commander, 488, 489 590 GENERAL INDEX. Piscataqua, see Pascataqua. Pittman, John, 442 Pittyme, Pittome, Pittime, Pittimie, Andrew, 117, 362—364 Plaisted, Playsted, Roger, associate for York- shire, 31 Lieutenant, 37 Planton, Phebe, petition of, denied, . . . 174 See Blanton. Plat, Samuel, 173, 336, 498 deputy, 309 Platts, Jonathan, 172, 173 Plum Island, order relating to the occupancy of, 232 Plumer, Ephraim, 127 John, 336 Samuel, • 316 deputy, 77, 98 and son, (ferrymen,) exempted from im- pressment, 127 Plymouth, 10, 69, 170, 204, 270, 318 colony, to be supplied with ammunition for the Indian war, 45 Governor of, referred to, 97 letters from the General Court to the Gov- ernor, asking aid for the war east- ward, 125, 126, 141, 142 letter to the Governor of, respecting the right of fishing, 169 council of, . . . 334, 335 to be asked to raise one hundred men for the war, 92 letters to be sent to, &c., .... .92 Point Allirton, 7 Pomery, Pomry, Pumroy, Medad, 481 deputy, 133, 421, 437, 514 Pomhom, an Indian sachem, 82 Pompectum, an Indian, 365 Pompositticut, erected into a town, and named Stow, 408, 409 Poole, Jonathan, . . 186, 204, 208, 219, 224, 233 deputy, 133 appointed cornet of troop, 6 captain at Reading, 151 Captain, 146 Pope of Rome, the doctrine and position that princes excommunicated by, maybe deposed or murdered by their sub- jects, abhorred, as impious and heret- ical, 193 Port regulations ; no one to trade with any ship till anchored, &c., 384 Porter, Israel, appointed ensign at Salem, . . 317 appointed lieutenant, . ... 419 Joseph, 276 Robert, Sen., ... 487 Porter, Samuel, to be paid twenty-five pounds in part for his disbursements, . . .116 Portsmouth, 2, 6, 21, 42, 53, 73, 76, 78, 87, 88, 99, 101, 109, 124, 132, 139, 144, 186, 187, 211, 226, 231, 245. hearing ordered on petition of selectmen of, . 6 commissions withdrawn from persons liv- ing in, 263 See Dover. Postmaster, John Hayward, 147 John Hayward to be continued, .... 273 ship letters to be sent to him, 273 Pouter, Rachel, petition of, referred to the County Court, 149 Power of attorney, answer to a question relat- ing to, 212 Pratt, Edward, 442 Prentice, John, 488 Captain Thomas, 10, 14, 38, 69, 101, 142, 295, 413, 443 Thomas, deputy, 2, 14 Captain, . . .25,86,274,327,412,460,477 Prescott, Jonathan, messenger to the Indians, . 93 President, Lord, 422 Press, Rev. James Allin appointed a licenser of, 32 See Printing press. Pretty, Richard, 320, 461 Price, John, deputy, 210, 260 Lieutenant, 33 to be commissioned, 73 captain at Salem, 151 Captain, 204, 205, 248 Pride, John, grand juror, 18 Prince, Richard, 21 Printer, Jamfis, 362. 368 Printing press, in Boston, Samuel Sewall au- thorized to manage the, 323 Samuel Sewall released from the manage- ment of, 452 See Press. Prison, order for repairing the, 237 salary of the keeper, how to be paid, . . 237 to be kept apart from the bridewell, . . 237 committee to examine the affairs of the, . 237 &c., in Boston, to be repaired; committee to order, &c., 275 Privateers and pirates, law agamst, .... 447 Privy seal, lord, 422 Probate, County Courts made also Courts of, . 478 County Courts to be Courts of, 503 powers of the Courts defined, 504 explanation of the Courts' powers of, 508, 509 repeal of the law of October 4, 1685, re- lating to, . . . . 509 GENERAL INDEX. 591 Protective tariff of duties on cattle, horses, sheep, and swine imported from other colonies, 292, 293 law relating to cattle, &c., from other col- onies repealed, 309 Prout, Captain Timothy, 511,516 deputy, 476, 514 appointed captain of the fortifications, artillery, &c., in Boston, 419 his soldiers liable to keep the watch, . . 446 appointed surveyor general, in room of Anthony Stoddard ; committee to transfer stock from Mr. Stoddard to, . 501 Timothy, Sen., surveyor for the port of Boston, 374 Providence River, 365, 369 See Kuttatuck, and Nipmug. Province of Maine, see Maine. Provisions, export of, prohibited, 52 committee to search vessels for, .... 52 exportation of, prohibited, 65 iiispectors to prevent the exportation of, . 65 law against exporting, repealed, . . . .194 Punckepauge, Puncapaug, Punkapange, 57, 136, 165, 167, 327 See Indians. Purchis, Purchase, Oliver, . . . 204, 219, 473 deputy, 437, 476, 514 chosen Assistant, 475 Putnam, Putman, John, 224, 276 deputy, 265, 302, 514 lieutenant at Salem, ....'.... 206 See Baker, Thomas. Jonathan, 273 Nathaniel, 357 See Allin, James. and others, committee appointed to set- tle the bounds of, 325 appointed lieutenant at Salem village, . 394 Thomas, Jun., 377 Mr., 357 Pyambow, Pyamboho, see Piambow. Pynchon, Pinchon, Pinchen, John, 13, 14, 31, 94, 98, 103, 117, 132, 154, 165, 167, 170, 171, 185, 192, 205, 207, 209, 239, 270, 290, 310, 322, 372, 375, 394, 410, 411, 421, 444, 481, 490. chosen Assistant, 1, 27, 77, 131, 183, 210, 265, 308, 350, 407, 436, 475, 513 and William Clarke, petition of, relating to the plantation near Hadley, and answer of the General Court thereto, 9 oath of allegiance taken by, 209 commission as agent sent to the Governor of New York, 299 sent on a mission to Governor Andros, re- specting the incursions of the Maquas, 299 Pynchon, John, instructions of the General Court to, 299,300 report of, respecting the Mohawks, . 319, 320 allowed twelve pounds for services with the Maquas, 321 communication from, relating to an island in Connecticut River, 329 island in Connecticut River granted to, . 330 to be paid five pounds, expenses to Hart- ford, 360 and others, granted one thousand acres of land, &c., 482 and others, granted a tract eight miles square, on condition, 486 Joseph, associate for Hampshire, .... 226 deputy, 309, 351 Major, 192, 309, 317, 318 allowance for the expenses of his mis- sion to the Mohawks, 138 to lay out a new road to Connecticut, . 394 Quaker meetings, law in addition to the law against, 134 Quakers, 198, 287, 322, 347 persons frequenting meetings of, to be punished, 60 law against the importation of, to be strictly enforced, 60 answer of the General Court to the royal objections to their treatment of, 198, 199 Quanesusset, 488 Quansiggamond, Quansigamond, Quansiga- mon, (Worcester,) bounds of, de- scribed and approved, 413 to be called Worcester; brandmark estab- lished, 460 Pond, . 413 Quateseck, grant of seven miles square for a village near, 426 Quesasuck, Sasa, an Indian, 368 Quilter, Francis, 224 order in favor of, 224 Joseph, 225 allowed his costs, 225 Marke, 224 (deceased,) will of, declared null and void, and order of the General Court disposing of the estate of, .... 224 Quiniabauge, 328 Quinsey, Lieutenant Edmund, . . 121, 421, 487 deputy, 42, 260, 309 released from administering on the estate of John Rayner, 174 captain at Braintree, 459 Lieutenant, 86 Quoboag, Quaboag, Quopaug, ... 75, 93, 146 soldiers' quarters to be built at, .... 74 692 GENERAL INDEX. Quoboag, carpenters, &c., ordered for building the quarters, 74 garrison to he supplied with provisions from the river tovens, 84 to have an immediate supply of a week's provisions, 84 Sergeant Ephraim Savage to command the garrison at, 84 guard for the provisions to be sent to, . . 85 Qaocheoho, 136 Qao warranto, writ of, served upon the Govern- or and Company of Massachusetts Bay, brought by Edward Randolph, read in the General Court, . . . .421 Raccoon furs not to be exported, 28 Randolph, Edward, . . .106,118,119,421,425 tobacco seized by, to be restored, . . 298 royal letter brought by, read in open Court, 333 king's commission to, as collector, read in the General Court, 333 messenger to New England, with the quo warranto writ and king's declaration, 422 deputation of, as surveyor of New Eng- land, by WilUam Blathwayt, . 526 — 529 nomination of, as deputy surveyor of Ngw England, from the treasury chambers, Whitehall, 529 attestation of his deputation, &c., by the secretary, 529 Mr., 382 Kawson, Rauson, Ann, 105 Edward, 17, 38, 40, 44, 53, 54, 68, 78, 82, 83, 97, 120, 139—144, 152, 164, 166, 168—170, 176, 179, 218, 219, 221, 229, 230, 256, 257, 277, 281, 301, 313, 319, 322, 349, 354, 356, 365, 371, 380—382, 386, 387, 390, 392, 396, 399, 400, 402—406, 424, 425, 429, 431, 434, 436, 439, 441, 444, 451, 459, 462, 468, 471, 481, 485, 492, 493, 498, 505, 513, 515, 516, 529—531, 533. chosen secretary of the colony, 1, 27, 77, 132, 184, 210, 265, 308, 350, 407, 437,' 475, 513 allowed forty pounds, for extra service as secretary, &c., .171 granted fifty pounds, ... ... 252 allowed thirty-four pounds, for extraordi- nary service as secretary, 306 granted five hundred acres of land, . . .418 his purchase of land confirmed, .... 484 return of five hundred acres of land laid out for, approved, 515 William, granted a hearing, . . . 104, 105 vs. Abraham Briggs, judgment of the General Court in the case, . . , .121 vs. Habakkuk Glover and others, judg- ment of the General Court in the case, 121 Rawson, Mr., 234 deed from Thomas Awassomoag to, 533 — 535 Rayinent, George, 336 Raymond, Raymon, William, 487 deputy, 476,514 lieutenant of Beverly and Wenham troop, 410 Rayner, Elder, 497 See Reyner. Read, Reed, Israel, refused a license to keep an ordinary, 460 Samuel, 454,471 three pounds, twelve shillings remitted to, &c., 316 (wounded soldier,) paid two pounds, and exempted from taxes, trainings, and watchings, 485 (wounded soldier,) committee to inquire and report about, 511 William, constable of Weymouth, order for his relief, . 173 Reading, 56, 127, 133, 151, 233, 260, 266, 283. 295, 303, 408, 421, 432, 437, 452, 460, 476, 487, 514. time for hearing the case of, appointed, . 186 Records of the General Court, secretary al- lowed seventy pounds for transcrib- ing, &c., 23 letters from the king, &c., with the Court's answers, to be transcribed into a book by themselves, 454 Recorders and clerks of County Courts to be sworn, 3 their oath, 3 Redding, Eilinor, order for the relief of, . . . 483 Reddington, Abraham, 479^ 480 deputy, 514 Reith, Richard, surveyor at Marblehead, . . .374 Remington, Mr., 332 Revenue, order for a tax, 1 g prices of grain in payment of the tax fixed, 1 6 abatement of one quarter if paid in money, 16 tax to defray the expenses of the Indian war, . . . . 44 troopers and their horses not exempted from the Indian war tax, 45 three rates to be levied for the expedition against the Indians, &c., 45 troopers and Castle soldiers to pay poll tax during the Indian war, 49 committee to farm out the customs, . . 5], 52 seven single rates to be levied, for ex- penses of the Indian war, .... 55 prices of grain in payment of the rates fixed, 55 table of each town's proportion of the rates, 55, 56 GENERAL INDEX. 593 Revenue, rates, how transmitted to the Treas- urer, 66 nine rates to be raised in Yorkshire county, 76 nine rates to be assessed in the county of Dover and Portsmouth, 76 ten rates to be assessed for the war, ... 81 a duty of one shilhng per ton levied on certain vessels, &o., . . .... 242 Rey, Joshua, 275 Reyner, Reynor, Francis, administrator on the estate of John Rayner, 174 Frances, (widow,) committee to inquire, &c., for the relief of, 190 petition of, granted, &o., ... . . 218 Jackim, and another, petition referred to the next Court, 208 John, administrator on the estate of, . . .174 John, Sen., 208, 218 Mr., .190 See Rayner. Reynolds, Nathaniel, Lieutenant, . ... 33 Reynoll, Nicholas, 400 Rice, Rise, Edward, 36, 253 allowed two pounds for carrying warrants to Springfield, 205 Henry, 354 Joseph, deputy, 421 Samuel, 253 Matthew, committee to examine and report on petition of, 464 Richard, ship, 383 Richards, Jam.es, chosen Assistant, . . . 436 John, 27, 34, 40, 51, 57, 68, 83, 90, 100, 128, 129, 222, 227, 237, 238, 244, 250, 255, 269, 272, 278, 281—283, 289, 290, 301—304, 313, 317, 322, 332, 341, 371, 413, 414, 416, 417, 420, 421, 430, 434, 436, 441, 446, 449, 453, 465, 467, 469, 472—474, 476, 480, 484, 487, 492—494, 501, 506, 508, 512. deputy, 42, 99, 210, 260 chosen speaker, ... . . .261 chosen Assistant, 265, 308, 350, 407, 475, 513 captain of a company in Boston, . . 32, 33 chosen one of the agents to Eng- land, 307,346 messenger to the English court, . . .333 allowed fifty pounds for public service, 377 commission as agent to England, . 386, 387 instructions to, as agent, &c,, . . 389, 390 appointed sergeant major of Boston regi- ment, 418 allowed fifty pounds for service in Eng- land, 426 allowed to erect a wooden lean-to in Boston, 506 VOL. V. 75 Richards, Mr., 353 Captain, 52 Richardson, John, 345 Thomas, granted a certain tract of land, . 442 Ricks, John, and others, answer of the Court to, respecting a mortgaged estate, . . 264 Riggs, Thomas, 336 Rishworth, Edward, 88, 100, 103 deputy, 2,42,78,99,211 report from, on Foxwell and Cumins's land claim, 11 associate for Yorkshire, . . .31, 87, 145, 226 allowed three pounds for transcribing pub- lic writings, 127 Court's order for a payment to, ... 235 Mr. [Edward], vs. Captain Scottow, judg- ment of the General Court in the case, 121 Roads, John, and others, consideration of their petition deferred, 45 and others, (criminals,) to be saved from execution on conditions, ... 66 Robin, Cook, an Indian, 368 Old, an Indian, 216,217 Robbins, William, 487 Rock, Rooke, Joseph, administrator of Mrs. Martha Coggan's estate, ... .23 Mr., 27 Rode, an Indian sachem, 461 Rodriego, Peter, pardoned, 40 Rogers, Elizabeth, (administratrix,) empowered to sell lands, under advice of the County Court, . 459 John, 336,443 Rev. John, 459 allowance to, as president of Harvard College, 352 to have his salary as president of Har- vard College paid once a quarter, . . 445 (deceased,) two years' salary of, as presi- dent of Harvard College, allowed to his widow, . ... ... 451 Samuel, ... ... 336 Mr., . . .497 Mrs., 233, 451 Roote, Rootes, John, 142 allowed fourteen pounds in full of all de- mands, .... 300 Rosewell, Sir Henry, 334, 335 Rossiter, Edward, . 483 Row, Elias, surveyor at Charlestown, .... 374 Rowlandson, Roulison, Rev. Mr., 75 Mr., 82 Rowley, 2, 16, 42, 56, 77, 99, 132, 210, 260, 266, 268, 274, 280, 295, 303, 309, 325, 394, 408, 421 432, 475, 483, 501, 514. 594 GENERAL INDEX. Rowley, action of the General Court relating to military affairs of, , 7 &c., hearing on the town and church diffi- culty granted, conditionally, .... 149 officers appointed for the military company of, 172 order of the General Court commanding obedience to the military officers in, . 172 judgment of the General Court in relation to church difficulty at, 172 judgment of the General Court in the case of Rev. Samuel Phillips, of, . . . . 233 council of churches called to settle diffi- culties of, . . 245 annexed to the port of Salem, .... 383 Eigreement for setting off Rowley Village ffom, consented to by the Court, 497, 498 Village, soldiers of, where to train, . .16 persons living in, to do military duty at Topsfield, 455 order relating to the military of, . . . 479 Roxbury, 2, 38, 42, 43, 56, 73, 77, 98, 103, 132, 151, 210, 251, 260, 265, 268, 294, 298, 302, 362, 365, 369, 407, 420, 426, 437, 475, 514. answer of the General Court to the petition of the free school in, 5 free school, order for paying the rents of Mr. Bell's estate to, 22 committee appointed to run the line be- tween Dedham and, ...... 25 and Dedham, report of committee relating to line between, accepted, .... 37 time for settling the plantation granted to, extended, 468 number of jurymen from, . . ... 498 Royall, John, ... 273 Ruck, John, deputy, 475 Ruggles, Rugles, John, 183, 426 See Hudson, James. Samuel, lieutenant at Roxbury, .... 73 Samnel, Sen., 364, 367 empowered to pass deeds of sale, . . 316 Samuel, Jun., 367 Russ, Richard, allowed two pounds paid for curing his wound, 206 Russell, Daniel, . , 412 Elizabeth and Sarah, (widows,) allowed to make sale of land, 326 George, presented with the freedom of Boston, .... 264 James, 83, 180, 230, 235, 244, 269, 290, 296, 302, 304, 307, 317, 320, 322, 332, 337, 352, 372, 382, 392, 393, 405, 412, 414, 420, 421, 430, 435, 436, 441, 446, 449, 453, 465, 469, 471, 484, 499, 504, 506, 508, 510, 513. deputy, 210, 260 Russell, James, chosen Assistant, 265, 308, 350, 407, 436, 475, 513 chosen Treasurer, 265, 308, 350, 407, 436, 475 allowed one hundred and fifty pounds on his father's (Richard Russell's) ac- counts, 129 to be paid the balance of his father's ac- counts, . 148 to have the rates on wines, &c., for his sal- ary as Treasurer, 281 lands confirmed to, 406 order for discharging the accounts of, as Treasurer, .... 429 discharge of his accounts as Treasurer from the Governor and Company to, 434 —436 discharge of his accounts as Treasurer, 492, 493 declines to continue as Treasurer, . . . 499 discharge of, in full, as Treasurer, . . .512 John, 271 Rev. John, 411 See Tylton, Peter. to be paid one half his accounts in money, 174 Jonathan, 299 Mary, 83 (administratrix,) empowered to sell real estate, &c., 235 Prudence, 235 Rebekah, 174 Richard, 14, 43, 46, 52, 58, 70, 78, 148, 406, 435, 436, 452, 454 chosen Assistant, 1, 27, 77 Treasurer, 1, 27, 77 (Treasurer,) certain powers granted to the executors of, 83 committee to audit the accounts of, . . 83 late Treasurer, reports of the committee for auditing the accounts of, . . 128, 129 deed from Isaac Walker to, 405 (deceased,) order for discharging his ac- counts as Treasurer, 429 discharge of his accounts as Treasurer from the Governor and Company to his executor, 434 435 Captain Thomas, 235 Mr., 52,428 Sabbath, act for punishing the violation of the, 133 act for preventing the profanation of, . . 155 order for preventing the profanation of, . 239 order as to the public reading of the laws for keeping, 243 Saco, 57 River, jj Sacorait, Sosamit, Simon, 362 364 GEJBEAL INDEX. 595 Saffin, Saffj'n, John, 443, 445, 467, 473, 476, 484, 487, 493, 512, 516 deputy, 437, 476, 514 chosen speaker, 514 Mr. [John], 464 Saggedehock, Saccadehocke, . . . 11,18 — 20 Sailors not allowed to run in debt in any port of the colony except, &c., .... 372 Salamander, the ship, 127 Salaries of the Governor and magistrates to be as in the previous year, 454 Salem, 2, 8, 33, 41, 43, 54, 56, 68, 77, 98, 104, 127, 132, 143, 151, 172, 187, 206, 210, 218, 243, 245, 247, 260, 265, 268, 272, 295, 302, 308, 317, 324, 337, 343, 350, 357, 377, 407, 415, 419, 420, 437, 442, 475, 510, 514. foot company of, to be divided into two companies, ... 22 officers appointed to the first and second foot companies in, 33 farmers, committee to view and report on lands granted to, 34 committee to adjust the differences be- tween Mr. John Higginson and, . . 34 committee's report relating to church diffi- culties at, accepted, 67 authorized to impose ten pounds fine on persons refusing to serve as constable, 80 vs. Beverly, time for hearing case of, ap- pointed, 186 military companies, order respecting, . . 204 military officers of, appointed, &c., . . . 206 and Beverly, committee to settle differ- ences between, 208 order for repairing the fortifications of, . . 249 time for hearing the case of, appointed, . 251 vs. Wenham, Court's judgment in the case of, 276 number of taverns, &c., in, fixed, . . . 305 fortifications at, to be repaired, .... 352 surveyors for the port of, 374 ordered to mount its great artillery, &c., . 380 made a lawful port, 383 liberty given to enlist soldiers in the troop, 419 Court, 429 &o., Benjamin Gerrish appointed naval officer for, 438 number of jurymen, 498 Village [Danvers], 295, 394 order for forming a new foot company in, 172 report of committee respecting the bounds of, &c., 223 petition of, for a settled minister, grant- ed; salary of minister to be sixty pounds ; order as to deacons, . 247, 248 Salisbury, 56, 75, 88, 145, 260, 266, 281, 283, 295, 302, 309, 331, 419, 438, 485 annexed to the port of Salem, 383 committee to settle the civil and ecclesi- astical troubles in, 144 report of committee relating to church dif- ficulties at, accepted, 180 return of committee respecting dissensions in, 181 County Court to be held at, 245 and other towns reunited to Essex county, 264 land records of, where to be kept, . . . 264 Nathaniel Clarke appointed naval officer for, 439 Salisbury, Captain, letter to, from the General Court, respecting the Macquas, . 166 — 168 Sallous, Thomas, 404 Salter, Mary, her case referred to Suffolk Court, 245 case of, to be heard at the May session, . 469 (executrix,) allowed the renewal of an execution, 485 William, 485 Saltonstall, Saltenstall, Saltingstall, Nathaniel, 156, 239, 260, 290, 322, 325, 332, 372, 414, 420, 421, 446, 449, 465, 469, 472, 494, 506. chosen Assistant, 210, 265, 308, 350, 407, 436, 475, 513 appointed an associate for Norfolk county, 5 commissioner for Norfolk, 30 associate for Norfolk, . . . .31,88,145,187 invested with magistratical power, 88, 145, 187 elected an Assistant by the towns, . . . 209 to command one of the regiments in Essex, 295 Richard, 290, 302, 322, 332 chosen Assistant, 265, 308, 350 Captain, 316 Major, 418, 431 Sam, an Indian sachem, 82 Sam Seeg, an Indian, 368 Sarabome, John, appointed lieutenant at Hamp- ton, 252 Samp, a present of, to Charles II., 156 Samuel, sagamore of Nashaway, 39 Sanderson, Mary, 248,249 See Lyndon, Mary, empowered to do certain acts, . . . . 280 Robert, 147 See Saunderson. Sandford, Sanford, John, 314 Peleg, to be paid the balance of his ac- count, 360 Sarah, (widow,) referred to the County Court, 314 Sarah, an Indian woman, 216 Sares, Sears, John, 405 Sargant, John, 37 596 GENERAL INJEX. Sargeant, B., 529 Sarighto, an Indian sachem, 461 Sasequasuck, Sasequasacuck, an Indian, 365, 366 Saunderson, Robert, and another, contract with, as mint masters, approved, ... 43, 44 See Sanderson. Savage, Captain Ephraim, 418 Ephraim, to command the garrison at Quo- boag, 84 appointed ensign in Boston, 173 appointed captain, 341 Major Thomas, 73, 94, 144, 181, 182, 283, 289, 290, 302, 304, 317, 322 deputy, 132, 184 chosen speaker, 133, 184 chosen Assistant, . . . . 265, 308 appointed commander-in-chief of the forces at Medfield, 72 commission of, as commander-in-chief of the expedition against the Indians, 74 time appointed for hearing his case, . . 232 vs. Samuel Appleton, Jun., judgme it of the General Court in the case, . . 246 Captain Thomas, 173 appointed ensign to Major Savage's com- pany, 75 chosen speaker, ... 154 deceased, his son Ephraim appointed captain, .... 341 Captain, 32 Major, . . . ... 75, 309 ordered to join the Connecticut forces with those under his command, . 74 Sawin, Thomas, . . 355 allowed to purchase land of the Natick Indians, ... . . ... 511 Scarborough, 2, 11, 182 Scarlet, John, .... 296 petition of, denied, 173 Schools, towns of five hundred families to maintain two grammar and two writ- ing, 414 Scotch immigrants allowed to settle in the Nepmug country, 263 Scottaway, Lieutenant, and fifty soldiers, to be sent for the defence of Saco, &c., . . 57 Scottow, John, 176—179 Captain Joshua, ... 286 encouraged to recover the fort at Black Point, 129 and others, arms and ammunition con- ditionally granted to, 182 and others, referred to the law for satis- faction, ... 182 hearing refused to, for reasons, .... 282 associate for Yorkshire, 226 Scottow, Captain Joshua, grant of five hundred acres confirmed to, 490 allowed five hundred acres of land addi- tional, 515 Mr., 102 report of committee relating to the ac- counts of, 102 Captain, 121 See Rishworth, Mr. Scripture vouched, 100, 144 Scyll, Captain Joseph, dismissed from his com- mand, 126 Captain, 73 and company, ordered to join Captain Hinchman at Hassanemisit, .... 69 See Sill, Joseph. Seaconcke, 97 Sean, Jaco, an Indian, 367 Searle, Ephraim, lieutenant at Boston, . . .311 Sears, Saers, Scares, Hesther, 379 John, referred to the County Court for a final answer, . . 379 deed of Long Island to Isaac Walker from, 403,404 See Sares. , Seaver, Seavor, Caleb, . 207 Sea wall at Boston, undertakers of, invested with certain powers, .... 310,311 Sebastian, sentence of, commuted, . . . .117 Secretary chosen: Edward Rawson, 1, 27, 77, 132, 184, 210, 265, 308, 350, 407, 437, 475, 513 allowed twenty pounds for extra service, . 90 to be allowed twenty pounds more for extra service, .... 122 Selman, John, . . . . . . .18 Serjant, William, 336 Servitude of persons taken by execution, act for the regulation of, 415 Seville coin to pass as current money of New England, 373 Severance, John, , 281 order on petition of, relating to three towns late of Norfolk county, 316 order of the General Court in answer to the petition of, 331 Sewall, Seawall, Henry, 336, 427, 428, 430, 433, 434, 449, 465, 469, 472, 479, 484, 494, 500, 506, 508, 535. Samuel, deputy, 421 chosen Assistant, .... 437, 475, 513 authorized to manage the printing press, 323 to be paid ten pounds, seventeen shil- lings, for printing an election sermon, 418 restored to his former captaincy, . . . 426 freed from the management of the print- ing press, 452 GENERAL INDEX. 597 Sewall, Samuel, allowed to build a wooflen porch to his house in Boston, . . . 456 Sewossasco, an Indian, 368 Shackdricquis, an Indian sachem, 461 Shapleigh, Shapley, Nicholas, 88, 103 petition of, and order of the General Court in relation to his fine and imprison- ment, 7 order of the General Court respecting the fine of, 8 authorized to negotiate a peace with the Eastern Indians, 72 (deceased,) new overseers of the estate of, appointed, , . 452, 454 (deceased,) Robert Knight appointed to sell the estate of, &c., 459 Major, 26 Sheafe, Sampson, 153 allowed to erect a timber building in Bos- ton, 431 Sheep, see Wool. Sheffield, alias Perry, Ann, (widow,) allowed to sell real eatate, 483 Edmund and William, petition of, granted, 37 Court's answer to, respecting a deed of sale, 361 William, granted forty acres of land, . 23 grant of forty acres of land to, &c., . . 282 Shepheard, Shephard, Shephards, Andrew, . .176 account of debts due from the estate of, 177 —179 See Emery, Martha. Jeremiah, 284, 285 John, answer to his petition, 517 Samuel, 274 Thomas, 146 Mr., 172, 178, 297 Mrs., 177 Sherborne, . 230, 329, 342, 354, 415, 485, 533, 535 grant of a tract of land, to be called, . . 23 committee for exchanging lands, &c., . . 37 inhabitants conditionally exempted from certain rates, , 206 agreement of, with Natick Indians, for ex- change of four thousand acres of land, ratified by the General Court, . 227, 228 report of the committee on the affairs of, accepted, 229 and Medfield, one hundred and twenty pounds remitted to, 274 committee appointed to order the pruden- tials of, 283, 289 committee to settle the differences of, . . 289 rates of, for two years, appropriated to building meeting house and minis- ter's house, 345 Sherborne, order for organizing a military com- pany at, 377 brandmark established, 394 grant of land near Boggestow confirmed to the grantees, and named, .... 443 to belong to Middlesex county, .... 443 Sherman, John, captain at Watertown, . . . 282 petition of, relating to a piece of land; committee empowered to act thereon, 480 vs. Watertown, committee's report in the case, 491 Rev. John, committee of the petition of, .313 Rev. Mr., 330 Ship passengers, &c., not to leave port or re- main on board without a government permit, 290 Shippen, Edward, 325 Shipscott, 122 Shoare, Sampson, 36, 186, 205 See Leveret, Hudson. Shohomogocks Hill, 234 Shoniow, sachem of Nashaway, 39 Short, Henry, cornet of Newbury and Rowley troop, 432 Shrimpton, Samuel, Noddle's Island confirmed to, 413 and Joseph Dudlej', compensation of, for public service, voted, 490 to be paid nine pounds demurrage of Mr. Foy's ships, • . . 496 Sibequat, Sebaqueat, an Indian, . . . 367, 368 Sill, Joseph, allowed a share in the eight miles' grant in the Nipmug country, . . . 506 See Scyll. Silver, see Mines. Skelton, Mr., 357 Skinner, Thomas, 222, 272, 317 Small, Smalle, Francis, deed from, to Isaac Walker, 404, 405 Small pox, day of humiliation, &c., appointed , on account of, 509 Smelt Brook, in Braintree, 297 Smith, Abraham, 510 Chilliab, 321 Lieutenant John, . 35, 321, 375, 432, 433, 473 deputy, 420, 437, 476 chosen Assistant, 513 authorized to administer oaths in a cer- tain case, 10 appointed captain at Hingham, . . . 394 Katherine, referred to Suffolk County Court for answer, 325 Mary, 321 Michael, 432,433 Philip, Lieutenant, 299 deputy, . . 133, 266, 309, 351, 408, 437 598 GENERAL INDEX. Smith, Philip, lieutenant at Hadley, . . . .189 associate for Hampshire, . . 317, 356, 443 appointed lieutenant of Hampshire county troop, 207 and others, (guardians,) allowed to sell a house, 321 Richard, 178 Samuel, authorized to solemnize marriage, &c,, in Hadley, 149 discharged from military duty, at his re- quest, 189 associate for Hampshire county, 187, 226, 279 Sarah, 432,433 Mr., 73 Snapsacks, see Knapsacks. Snelling, Mr., 178 Soldiers, wounded, general order relating to, . 226 Solicitor general, objections by, to laws of Mas- sachusetts answered, 198 Solomon, an Indian, 216 Solomon, Elizabeth, 217 Somersby, Anthony, 272 Sosoquaw, an Indian, 365, 366 Southfield, alias SufReld, 12 brandmark for, 324 See Suffield. Southward, Constant, ... 169 Speaker chosen : Isaac Addington, .... 476 Peter Bulkley, 78, 99 Elisha Cooke, 408, 421 Daniel Fisher, 266, 309, 351 John Richards, 261 John Saffin, 514 Thomas Savage, 133, 154, 184 Richard Waldron, 2,15,42,211 John Wayt, 438 Speene, James, 216,217 Sprague, John, appointed captain at Maiden, . 483 Richard, 351, 359, 380, 393, 416, 427, 429, 433, 435, 436, 473, 476, 484, 487, 492 deputy, . . . 308, 351, 407, 420, 475, 514 captain at Charlestown, 307 Captain, 309, 316, 480 Samuel, appointed lieutenant at Maiden, . 483 Springfield, 2, 12, 42, 43, 56, 77, 92, 132, 205, 236, 266, 268, 309, 311, 329, 342, 408, 410, 411, 437, 480, 490. selectmen authorized to make a new tax list, on account of losses by the enemy, 92 taxes abated, on account of losses by the Indians, &c., 125 brandmark for, 324 judgment of the General Court in the case of, 328 bounds of, established, 444 Springfield, agreement as to the bounds between Northampton and, confirmed by the Court, 481 allowed to pay its money rate in corn, . . 483 Squakeage, Squaheag, 89, 486 committee to order the plantation of, . . 360 petition of William Clarke as to bounds of, granted, 482 Squampscot, 109 Squire, Philip, 271 Stacy, Stacie, Simon, . . 336 deputy, 475,514 appointed ensign at Ipswich, 394 Start, Mr., 168 State papers, committee to take charge of cer- tain, 516 Staunton, Daniel, 488 Stebbins, Thomas, Lieutenant, 411 Steele, Samuel, .... * 358 allowed twenty-one pounds for diet of a wounded soldier, 282 Stephens, see Stevens. Sternes, Nathaniel, 463, 464, 486, 491 deputy, 420,437,476,514 Stevens, Steevens, Stephens, Steephens, Eras- mus, ensign at Marblehead, . . . .419 James, 336 deputy, .... 99, 261, 266, 421, 437, 514 John, ensign at Andover, 419 Joseph, 442 Sarah, to be reimbursed to the amount of four pounds, 189 (widow,) order of the General Court in her favor, 442 Thomas, 408 William, deputy, 303 , 494 Stileman, Styleman, Elias, 100, 156 deputy, 132 appointed a magistrate at Dover, .... 5 commissioner for Portsmouth, 30 associate for Dover and Portsmouth, 31, 88, 186 associate for Dover, 145 appointed captain of the fort at Ports- mouth, 73 invested with magistratical power, 101, 145, 186, 226 Captain, 143,232 Stoakes, Henry, jg Stoddard, Anthony, 6, 14, 27, 51, 70, 83, 84, 105, 128, 129, 222, 225, 227, 237, 238, 244, 250, 255, 268, 269, 272, 275, 285, 422, 50]. deputy, 2, 14, 42, 43, 77, 98, 132, 184, 210, 260, 265, 302, 308, 351, 407, 420, 437 an executor of Governor Bellingham's will, 24 committee's report on the accounts of, . . 499 GENEKAL INDEX. 599 Stoddard, Simon, appointed ensign, . . . .311 Solomon, to be paid twenty pounds due him, 226 Mr. [Anthony], 227, 339, 467 Mr., 52,142,237,303,317 Stone, David, 354 John, 230 deputy, 351,407 Simon, . . 464 deputy, 184, 210, 260, 266, 302, 308, 351, 407, 420, 437, 514 Stony Brook, .... 444 Story, William, 225 Stoughton, Staughton, William, 7, 8, 14, 34, 35, 43, 46, 58, 68, 70, 98, 100, 103, 117—119, 130, 163, 185, 197, 260, 268, 279, 283, 289, 290, 294, 299, 302, 304, 307, 313, 315, 322, 329, 331, 332, 342, 353—355, 361, 362, 365, 366, 369—372, 382, 412, 414, 420, 421, 427, 429, 430, 433, 480, 487, 492, 494, 500, 506, 508. chosen Assistant, 1, 27, 77, 131, 183, 210, 265, 308, 350, 407, 436, 475, 513 commissioner for the United Colonies, 1, 27, 77, 265, 308, 350, 407, 436, 475, 513 commissioner in reserve, 131 to hold the Courts for Norfolk county, . . 5 appointed to hold the Courts in Dover, Portsmouth, and York counties, . . 87 bearer of an address to the king from the General Court, 106, 107 instructions to, as eigent in England, 113 — 116 captain at Dorchester, 151 to receive one hundred and fifty pounds gratuity, for service as agent in Lon- don, 263 chosen one of the agents of the colony to England, 304 (administrator,) empovrered to pass a deed, 315 granted one thousand acres of land, . . 343 chosen one of the agents to England, &c., 346 and others, to hold a Court in Essex, . . 398 and others, township of land granted to, . 408 and others, time for settling the grant of land to, extended, ....... 467 and Joseph Dudley, plat of eighteen hun- dred acres confirmed to, 488 Mr. [William], 339, 340, 352, 426 Mr., 129 Stover, John, 18 Stow, 517 Pompositticut plantation erected into a township, and called, .... 408, 409 Stow, Nathaniel, 317 surveyor's return of his farm allowed, . . 358 Samuel, allowed to purchase land of the Indians, 411 Strangers in Boston to give security for their fidelity, &c., 47 Stride, John, 51 Stuart, Nicholas, 339 Sudbury, 2, 6, 56, 83, 85, 93, 96, 142, 211, 230, 260, 266, 268, 295, 302, 342, 408, 420, 437, 464, 515. a frontier town, 79 taxes abated, on account of losses by the Indians, 124 River, 485 Sufiield, report of committee for laying out the plantation of, accepted, .... 12, 13 allowed to pay its money rate in corn, . . 483 See Southfield. Sufi'olk county, . 32, 156, 236, 323, 332, 369, 533 troop, ofiioers of, 52 regiment to be put into a posture of war, . 53 Indian war tax, 55 quotas for the Indian war, . 72, 73, 85, 91, 122 officers of the troop in, 87 militia divided into two regiments, . . . 294 Joseph Dudley chosen sergeant major of, . 306 Court, . . . 379, 411, 426, 450, 455, 462, 483 adjourned, 69, 245, 296 adjourned on account of the General Court, 460 Sumner, William, 453 deputy, 210, 260, 265, 302, 308, 420, 437, 476, 514 Mr., deputy, 184 Sunderland, Synderland, Earl of, 422 Court's letter sent to, 270 letter from the General Court to the, . . 287 Surveyor general, commission of William Blaithwayt as, 521 — 526 Surveyors to be appointed in each port; names of persons appointed, 374 land, names of persons appointed, . 374, 375 oath to be taken by, 375 Swagon, an Indian, 117 Swaine, Swayne, Sweyne, Jeremiah, 452, 487, 499, 511 deputy, 476,514 appointed captain at Reading, .... 233 Captain [Jeremiah], 283 Captain, 115, 134, 175, 191 Swegustagoe River, 273 Swampfield, committee appointed on petition of the inhabitants of, 22 Swan Island, Indian deed of, to Christopher Lawson, 399 mortgage deed of, from Christopher Law- son to Humphrey Davy, . . . 400, 401 additional deed of, from Lawson to Davy, 402 Swann, Richard, deputy, 42^ 132 600 GENEEAL INDEX. Swann, Robert, deputy, 437 Swift, Thomas, quartermaster of Suffolk troop, 87 cornet of a troop in Boston, 418 Corporal, 86 Quartermaster, . . 121 Swine running at liberty to be ringed, . . 374 Symonds, Symons, Harlakenden, 246, 256, 257, 259, 276 Mary, 276,314 allowed to sell lands, on condition, &c., 479 Rebekah, 276 Robert, petition of, dismissed, 143 Samuel, 14, 34, 36, 43, 46, 57, 58, 68, 70, 98, 103, 117, 132, 154, 185, 191, 195, 209, 498 chosen Deputy Governor, 1, 27, 77, 131, 183 (Deputy Governor, deceased,) appropri- ation of twenty pounds for funeral of, 207 (deceased,) administrators on his estate appointed ; estate how to be disposed of, 246 (deceased,) decree of the General Court for settling the estate of, 256 marshal general ordered to levy on the estate of, 256 deputy marshal's return, 257 inventory of the estate of, . . . 257 — 259 Court's judgment respecting his will re- voked, 274,276 William, 246, 256, 259, 479 deputy, 78 associate for Yorkshire, . . . . 145, 186 Mrs., 246, 256, 259 Synod, result of, recommended and ordered to be printed, 244 of churches to be convened in Boston on the second Wednesday in September, 1679, 215 Taffe, Robert, 356 Tappin, Jacob, appointed ensign at Newbury, . 409 Tare, Thomas, time appointed for hearing his case, 232 vs. Isaac Waldron, judgment of the Gen- eral Court in the case, . . . 245 Taskanoonda, an Indian sachem, . . .461 Tawattanamit, Benjamin, . 217 Taxes, order for enforcing the collection of rates in York county, 88 six rates to be assessed, . 120 prices of corn, &c., received in payment of rates, fixed, 120, 121 arrears of the former rates to be paid at same current prices of corn, &c., . . 121 selectmen empowered to doom for rates, . 139 arrears in Dover, Portsmouth, and York to be collected, 139 three single rates to be assessed, .... 156 Taxes, three rates to be levied, &c., . . . .195 four single rates to be levied, . . . . .219 order for collecting arrears of rates in Dover county, 231 order to levy one rate and a half, .... 245 four country rates to be raised ; prices of corn established, 296 one fourth of a single country rate to be raised for supply of the agents, 307, 341 two and a half single rates to be raised ; prices of grain in payment of, fixed, . 324 arrears, how to be' paid, 375 to be assessed on unimproved lands, 375, 376 three country rates to be assessed, &c., . 375 prices of grain fixed for paying, . . 376, 377 one single rate to be raised; selectmen how to proceed therein, 398 two single rates to be raised ; prices of corn for, fixed, 417 half a rate to be raised, for payment of debts, 426 half a country rate to be raised, for emer- gencies, 443 two rates to be raised, 454 one and a half rates to be raised, . . . 505 prices of corn fixed for payment of rates, . 505 Taylor, James, 282 William, 17.3,296 Mr., 177, 178 Tenny, Thomas, appointed ensign at Rowley, . 172 William, deputy, 303 Thayer, Ferdinando, 454 Thanksgiving for success over Indians, &c., November 9, 1676, appointed for, . . 130 appointed for the third Thursday in No- vember, 1677, 156 appointed for November 25, 1680, . 293, 294 appointed for November 24, 1681, . . . 324 appointed for November 23, 1682, .... 376 appointed for October 9, 1684, 462 Thatcher, Margaret, (widow,) answer to her pe- tition relating to her husband's estate, 245 Thomas, 238 committee on petition of, report made, . 173 petition of, referred to the next Court, &c., 174 Thomas, Sen., 238 Rev. Thomas, 245 licenser of the press, 4 Thaxter, John, captain of Hingham troop, . . 281 Thirell's bridge made a county bridge, . . . 280 Thirston, Benjamin, Ensign, 33 John, 529 deputy, 420 Thomas, 37, 229, 432, 443 deputy, 514 appointed lieutenant at Medfield, . . .189 GENERAL INDEX. 601 Thirston, Thomas, empowered to solemnize marriage in Medfield, 468 Thomas, Alice, petition of, referred to the County Court, 94 Edward, 485 Rowland, 481 Thompson, Tompson, Joseph, appointed ensign at Billerica, 189 Treasurer to settle the accounts of, . . . 485 lieutenant at Billerica, 419 Robert, and others, a new township grant- ed to, &c., 408 granted five hundred acres of land, . . 409 Samuel, ensign at Braintree, 459 deputy, 77, 99, 133, 184, 211, 351, 408, 420, 437, 476, 514 Major, 426, 467 Ensign, 471 Thomdicke, Thorndick, Paul, 276 appointed lieutenant at Beverly, . . . .170 deputy, 309 Three County Troop, 6, 17 quotas for the Indian war, . . . .73, 85, 91 officers of, 151 Thurlow, see Thirell. Tilton, Tyhon, Peter, 15, 170, 185, 290, 322, 414, 421, 446 deputy, 2,15,42,78,133,211 chosen Assistant, 265, 308, 350, 407, 437, 475, 513 associate for Hampshire, . 87, 88, 145, 187, 226 and another, (executors,) Hampshire Coun- ty Court to review the proceedings of, and report, 411 Time for hearing cases appointed, 117 Tipping, Bartholomew, 130 Tobacco seized by Edward Randolph to be re- stored, 298 Todd, John, deputy, 514 Tom, an Indian, commutation of his punish- ment for rape, 25 Tom Dublett, an Indian messenger, .... 82 Tompkins, Nathaniel, order for restoring seized leather to, 325 Topsfield, 16, 56, 268, 295, 394, 410, 421, 437, 455, 460, 514 Court's decision respecting certain lands in, 415 Torrey, Samuel, 481 Rev. Samuel, and Joshua Moody, thanked for their election sermons, and re- quested to print them, 7 reimbursed for printing his election ser- mon, 32 allowance to, as president of Harvard College, 345 VOL. V. 76 Torrey, Rev. Samuel, his election sermon re- quested for publication, 412 order for paying for the printing of his election sermon, 418 Captain William, 35, 279, 421 deputy 260, 408, 420 chosen clerk of the deputies, .... 438 empowered to perform the marriage rite in a certain case, 17 granted five hundred acres of land, . . 417 Tosdicke, John, see Fosdicke. Towers, William, referred to a Court of law, . 204 Town, Toune, Jacob, 415 petition referred to next session, .... 410 Town House, (Boston,) west staircase of, to be covered with lead, 501 Towns, deserted, order of the General Court respecting their resettlement, . 213,142 Townsend, Joseph, 396 Penn, 311, 325, 402 deputy, 514 Ensign, 33 appointed lieutenant, 127 appointed captain at Boston, .... 298 hearing of his case granted, .... 360 vs. Thomas Johnson, judgment of the Court in the case, 381 Samuel, 142 Trades, committee to draw up regulations for certain, 143 Trainings, order prohibiting retailing strong drinks at, 211 Travis, Daniel, to have five pounds per annum, as chief gunner in Boston, &c., . . 306 Robert, 51 Tray, Anthony, 361, 364 Benjamin, 364 John, 361 Thomas, 227,228 Thomas, an Indian, . . 353—355, 364, 510 Treadwell, see Tredwell. Treason against the king, law for punishing, . 1 94 Treasurer, committee to examine the accounts of the, 15, 341 auditor's report of the accounts of, . . . 26 Richard Russell elected, 77 John Hull elected, instead of Richard Russell, deceased, 78 Richard Russell, deceased, executors of, to collect arrearages, &c., 83 Richard Russell, reports of the committee to audit his accounts, .... 128, 129 to issue warrants for taking an estimate of estates, &c., 101 to pay twenty-five pounds for transporta- tion of the agents to England, . . .120 602 GENERAL INDEX. Treasurer, ordered to bring in his accounts, . 137 committee to examine his accounts, . . 244 committee to examine accounts of, reiim- powered, 269 to collect rates on wines, &c., and appro- priate them as his salary, 281 accounts of, presented; committee to ex- amine the same, 297 committee to examine the accounts of, . .351 report of the committee to examine the ac- counts of, accepted, 393 committee to examine accounts of, and re- port, 416 to send one hundred pounds to John Ives, London, for public service, .... 432 committee to examine the accounts of, . . 441 committee to examine accounts of, further instructed, 454 to have for his services one shilling in the pound; accounts of, to be audited, and discharge given by committee, . 464 committee to settle his accounts, &c., . . 469 committee to receive accounts of, and dis- charge, 484 committee to examine accounts of, and give discharge, ... ... 487 warrants to be issued for the election of a new, 499 empowered to recover and collect dues after the expiration of his term of office, 503 Samuel Newell appointed, . .... 505 chosen : Richard Russell, . . 1, 27, 77 John Hull, 181, 184, 210 James Russell, 265, 308, 350, 407, 436, 475 Samuel Nowell, 513 of the county of Devon appointed, . 18 Treasury, committee to examine into the state of, &c., 84 Treat, Robert, . . . 463 Treate, Major, 52 Tredwell, Nathaniel, and John Warner, referred to the County Court, 516 Trescot, William, and another, committee to inquire into the difficulty of, . . . . 471 Trick, Elias, grand juror, 18 Troopers not to be exempted from taxation, . 290 law relating to, repealed, 306 order for relisting, .311 Trout, William, 18 Trowbridge, James, lieutenant at Cambridge Village, 73 petition of, granted, 173 Trumble, John, 497, 498 authorized to sell real estate of Henry Blackman's child, 38 Trumble, John, surveyor at Charlestown, . . 374 appointed ensign at Rowley, 4S3 Tucker, James, 188 Robert, deputy, 261, 266, 309 Tuffts, Peter, 456 Turell, Turin, Daniel, appointed ensign, . . 33 lieutenant at Boston, 151 appointed captain, 419 Daniel, Sen., 422 Daniel, Jun., 140 Turner, Ephraim, Ensign, 33 allowed to resign his office of ensign, . . 283 John, 328 Lucy, (executrix,) her request as to sale of lands granted, 328 Captain, . . .- 84 Twelves, Robert, lieutenant at Braintree, . . 459 Tyler, Moses, ■ ... 498 Tyng, Ting, Edward, 6, 14, 26, 34, 43, 44, 46, 58, 68, 70, 80, 98, 103, 106, 117, 132, 143, 154, 185, 191, 227, 239, 260, 290, 402, 405, 426, 451, 490. chosen Assistant, . 1, 27, 77, 131, 183, 210, 265 of the committee for Mendon, 40 Jonathan, 501 committee to settle his and others' ac- counts, 105 allowed twenty pounds towards his ac- counts, 127 granted Weikeset Island, as payment in full of all accounts, 430 Tythingmen, fine of two pounds for refusing to serve as; constables to assist, . .261 to be annually chosen in each town, . . 240 duties of, prescribed, 240, 241 oath to be taken by, 241 Tythingmen's power, 155 Uncas, an Indian, 58 United Colonies, Governor Winslow confirmed as commander in-chief of the forces of, 69 Unkety, 51 See Dorchester Mill. Upham, Lieutenant Phineas, 122 Ruth, to have ten pounds for her support, &c., 122 order providing for her relief, 122 Usher, Hezekiah, 432 and company, to be paid the balance of their accounts, 343 and company, to be paid the balance due them, 378 John, 90,325,415,455 See Waldron, Priscilla. quartermaster of a troop in Boston, . .418 Mr., paid for two hundred and ninety-two muskets, as per agreement, .... 22 GENERAL INDEX. 603 Valier, Monsieur de la, Governor of Acadia, . 373 Vallack, Nicholas, 18 Valuation, rates for valuing neat cattle fixed, . 408 of estates, Treasurer to issue warrants for the, 101 Van Curtland, Cortland, Stephanus, . . . .461 Varry, Thomas, granted six pounds, .... 264 Veal, Veale, , 488 Veren, Billiard, Sen., 324, 438 collector for the ports of Salem and Mar- blehead, 242 Vile, Arout Corn, .... 461 Virginia, 461, 462, 488, 523, 524 Volunteers, propositions relating to, . . . 94, 95 minors and servants not to be enlisted with- out consent of parents and masters, . 96 Vyall, John, allowed to erect a timber brew- house, provided, &c., 431 Vyalls, John, 489 Waban, 217, 227, 228 an Indian, . . . . 353 — 355, 361, 364, 369 Thomas, an Indian, 355, 364 Wabequala, Wabequalau, an Indian, . . 367, 368 Wachuset, Wachusets, Watchnsets, . 341, 342 See Indians. Wade, Jonathan, 246, 256, 336, 340 deputy, 308, 351 captain of the Three County Troop, . . .151 &c., hearing of their case, and Court's de- cision thereon, ... . . 274, 276 and daughter, time for hearing their case appointed, . 314 and another, time appointed for hearing the case of, 327 ordered to fill up his list of troopers, . . 327 Nathaniel, 456 Thomas, comet of Ipswich troop, . . . 419 Mr. [Jonathan], 259 Wages of impressed laborers fixed at eighteen pence a day, 65 Waite, see Wayte. Wakefield, Samuel, refused liberty to erect a wooden frame, .... 442 Walamachin, see Black James. Waldron, Waldrons, Walderne, Isaac, . . . 245 See Tare, Thomas, time for hearing his case appointed, . . . 254 hearing in his ease granted, 377 (deceased,) hearing granted to the admin- istrators of, and Court's judgment in the case. 415 (deceased,) administrators of, empowered to sell land, 455 Priscilla, 455 and another, vs. Theophilus Frary and others, Court's judgment in the case, . 415 Waldron, Richard, 15, 53, 88, 100, 135, 137, 149, 225, 285 deputy, 2,15,42,99,132,211 chosen speaker, 2,15,42,211 appointed a magistrate of Dover, ... 5 commissioned as a magistrate for York- shire, 5 report from, on Foxwell and Cumins's land claim, 11 appointed sergeant major of forces in York- shire, 22 commissioner for Portsmouth and York- shire, 30 associate for Dover and Portsmouth, 31, 88, 180, 226 associate for Dover, 145 authorized to negotiate a peace with the eastern Indians, 72 invested with magistratical authority, 145, 186, 226 invested with magistratical power in Dover and Portsmouth, and in York counties, 101 authorized to administer certain oaths, . . 1 86 Wales, John, 273 and another, (executors,) empowered to make sale, &c., 412 Nathaniel, 273 Walker, Hannah, answer to the petition of, . . 279 Henry, 336 Isaac, appointed ensign, .... . . 297 deed of Long Island from John Sears to, 403,404 deed from Francis Small to, . . 404, 405 deed from, to Richard Russell, .... 405 acknowledgment of a deed, 406 appointed lieutenant, .... . 419 John, 279,378 Richard, deputy, . . . 210, 260 appointed captain at Lynn, ..... 232 Shubal, 175,191,343,393 Susanna, 405, 406 Thomas, Treasurer to pay him his dues, . 499 Waller, John, administration to the estate of,. granted to George Burnet, ... 18 Walley, John, 238, 275, 311, 432 and another, answer to petition of, relating to seizure of leather, 10 appointed lieutenant, ........ 279 commissions of the officers of his com- pany renewed, . . 306 Wallingford, Sarah, referred to Essex County Court, 411 Wallke, Walke, Ensign, 415 See Waldron, Priscilla. Walter, Walters, Thomas, .... 225, 331, 455 Walton, Nathaniel, 279 604 GENERAL INDEX. Walumpau, Wolampan, Welompane, an In- dian, 365 — 367 Wamesit, 136,328 Wampas, John, 329 Wampas, an Indian, answer to the petition of certain persons relating to the lands of, 442 Wannalanset, 68 and others, to be presented with ten pounds, and clothing, to pacify them, . . . 500 War, Indian, officers of Harvard College and of the Courts not to be exempted from the tax for the expense of the, ... 65 Ward, Benjamin, 251, 340, 356, 511 Mary, 251 Samuel, 253, 307, 419 deputy, 261, 303 commissioner for small causes at Mar- blehead, 148 appointed captain at Lynn, 233 surveyor at Marblehead, 374 Wardswill, Nathaniel, 4 Warner, Daniel, 239, 336 appointed ensign to company in Hatfield, . 22 John, 516 exempted from military duties, . . . 187 answer to the petition of, 279 of Cambridge, (wounded soldier,) re- lieved from training, &c,, 189 of Springfield, granted twenty pounds, towards his disbursements, . . . .189 Samuel, paid for two oxen, and for other cattle, 58 and another. Treasurer to pay their al- lowance, 75 Thomas, 403 Warren, Humphrey, • . . . . 37 John, 283 Richard, 18 Mr., 140 Warring, Joseph, . 274 Washaame Hill, .... . ... 39 Washaken, an Indian sachem, 82 Watch, military, order relating to, . ... 72 Waters, Lawrence, order to pay his demand, 120 Captain Samson, commissioned as com- mander of an expedition against pirates, . . 489 Waters, Walters, William, sworn as constable of Damerill's Cove, 18 clerk of the writs in Damerill's Cove, . . 19 Watertown, 2, 42, 43, 56, 77, 98, 132, 205, 210, 251, 260, 266, 295, 302, 313, 407, 420, 437, 514 military officers appointed at, 282 committee's report on the controversy at, accepted, 330, 331 Watertown, petition of John Sherman respect- ing a piece of land in ; committee to act thereon, 48C report of committee on the affair between John Sherman and, recorded, by order of the Court, 491, 492 number of jurymen from, 498 Watkins, Thomas, 400 Watson, John, . 188 See May, Abigail. Watts, Fort, 445 Waumshk, Waurask, an Indian, . . . 365, 366 Wawaus, . 368 See Printer, James. Wawnunet, Wawunhit, an Indian, 368 Way, Richard, 176 allowed to keep his Indian girl in Boston, 122 Waymesitt, Wamesicke, Indians, see Indians. Wayte, Waite, Waites, John, Captain, 15, 34, 68, 106, 114, 208, 224,268, 313, 331, 358, 359,380,441 deputy, 2, 15, 42, 78, 99, 133, 184, 211, 260, 266, 303, 309, 351, 408, 421, 437 chosen speaker, 438 allowed to resign his captaincy, .... 471 Richard, a wounded soldier, relieved from certain rates, 283 . Captain [John], . 309, 316, 325, 339, 340, 480 Captain, 105,2.06 Webb, John, see Evered, John. Mr., 227 Weeks, Elizabeth, referred to the County Court, 275 Weights and measures, order for providing cer- tain standard, 244 order establishing standard, 267 enactment relating to standard, .... 339 Weikeset Island granted to Jonathan Tyng, . 430 Welcome, William, 18 Weld, Thomas, .... 25, 204, 235, 283, 316 deputy, 98, 132 Weller, Richard, 360 Wells, 78,87,99,109,133,187,257 Wells, Jonathan, 282, 358 referred for answer to the committee for wounded men, 298 Mary, order to the Treasurer in favor of, . 174 Wenham, 56, 211, 251, 266, 268, 276, 295, 302, 419, 471, 514 hearing in the case of, appointed, . . .186 subscription of, to Harvard College re- mitted, 208 charges of Court remitted to, 208 and Beverly, committee to settle the line between, 208 and Ipswich, hearing in the case of, granted, 345 See Salem; also Beverly. GENERAL INDEX. 605 Wentworth, Samuel, allowed thirty pounds, .317 West, Edward, 206, 228, 355, 443, 532 lieutenant at Sherborne, 377 John, 147 deputy, 133 Thomas, deputy, 514 Westfield, 2, 6, 12, 56, 189, 421, 455 committee's return respecting the accounts of, approved, 238 order relating to confirming the titles to certain lands in, 238, 239 brandmark for, 324 Westland, Richard, 232 Westminster, 422, 424, 526 Weymesit, 87, 165 Weymouth, 2, 42, 43, 55, 56, 77, 98, 132, 206, 210, 260, 266, 268, 294, 301, 302, 309, 408, 420, 437, 476, 511, 514. taxes abated, on account of losses by the Indians, 124 order for the relief of the constables of, . 173 order for enlisting troops in. 232 &c., troop to be organized in, 254 number of jurymen from, 498 Whalley and Goffe, Court's reply to the charge of abetting, 200 Wharton, Richard, . . 36, 98, 102, 105, 235, 432 answer of the General Court to the peti- tion of, relating to Governor Belling- ham's will, 6 sentence of the Court against, 13 order of the General Court on the petition of, relating to Grovernor Bellingham's will, 24 hearing on his petition respecting Gov- ernor Bellingham's will postponed, . 56 sentence of the Court upon, removed, . . 153 sentence against, reversed, and one thou- sand acres granted to, 397 committee to lay out the land granted to, . 426 Mr., 392 Wheat, flour, &c., law against importation of, suspended, 65 Wheeler, Joseph, ... 217 Thomas, 142 wages paid in part, 54 Thomas, Sen., and son, allowance of wages for military service, &c., . . .127 Timothy, 54 widow, allowance to, for disbursements, . 172 Wheelwright, Samuel, .... 88, 103, 135, 156 deputy, 133 associate for Yorkshire, . . 87, 145, 186, 226 Rev. Mr., 180, 181 See Salisbury. Whetcombe, James, 173, 325 Whetcombe, James, and another, referred to Suffolk County Court, &c., .... 432 Whichalls, Emanuel, 18 Whipsufferage, 216, 315, 353, 486 Whiple, John, 170, 204, 219, 336 deputy, 2,210,260,351,407 captain of a troop of horse, 75 captain of Ipswich troop, 409 lieutenant of Ipswich troop, 419 Corporal John, appointed cornet of Ipswich troop, 409 Cornet, 36 on the committee for Beverly, . . . .147 , 39 White, Daniel, 239 Ebenezer, constable of Weymouth, order for his relief, 173 Edmund, plat of seven hundred acres laid out to, approved, 443 John, 283 allowed to erect a timber frame in Bos- ton, 431 forbidden to erect a wooden building in Boston, 442 Joseph, allowed two pounds, in payment of claim, 316 alias Gatliffe, Mary, 255 Samuel, 511 deputy, 210, 260 lieutenant of Hingham troop, . . . .281 William, 314 See Wight. Whiting, Rev. John, granted one thousand acres of land, 455 Samuel, Sen., granted six hundred acres of land, 232 William, 455 Whitman, John, granted a discharge from mil- itary service, 306 Zachariah, and others, allowed to ex- change certain lands, 208 Wicome, Wycome, Wicum, Daniel, 173, 497, 498 Widger, James, 18 Wiggins, Andrew, 6 Wigglesworth, Rev. Michael, his election ser- mon requested for the press, . . . . 514 Wight, Samuel, relieved from the payment of his rates, 188 Thomas, abatement of his rates, . ... . 206 Wilder, Nathaniel, sentence of death remitted, 117 Wildgoose, John, 18 Willard, Mary, (widow,) petition of, granted, . 235 Simon, 8, 14, 46, 70, 235, 341, 410 chosen Assistant, 1, 27 to hold the Courts in Dover and York, . 31 recompensed for his services, .... 69 606 GENERAL INDEX. Willard, Simon, allowance for the expenses, disbursements, &c., of, 127 (deceased,) grant of one thousand acres of land to the children of, 310 description of the one thousand acres granted to the children of, approved, 341 Major [Simon], 146 Rev. Mr., to be desired to preach before the Court, February 13, 1682-3, 383, 385 Williams, William, Abraham, deputy, 261, 266, 303, 309 Henry, his bill of thirty pounds to be re- stored, 172 Isaac, lieirtenant at Cambridge Village, . 173 John, 85, 150 Nathaniel, 91 granted one hundred acres of land, . . 254 Williamson, Mr. Secretary, 106 Sir Joseph, letter from Governor Leverett to, respecting the Dutch ambassador, . 118 secretary of state in England, letter to, from the General Court, 161 Willis, Edward, 442 petition referred to the next session, . . . 410 vs. Ann Haugh, executrix. Court's judg- ment in the case, 416 Wills, see Probate. Wills Hill, 190 Wilmot, John, 432 Wilson, Joseph, appointed ensign at Maiden, . 483 Sarah, empowered to make a deed of sale, 207 Wilton, David, associate for Hampshire, 31, 87, 145 his heirs allowed to take up one hundred acres of land, 483 Lieutenant, 156 Wincoll, Wincol, John, Captain, report from, on Foxwell and Cumins's land claim, . 1 1 associate for Yorkshire, . 31, 87, 145, 186, 226 deputy, 42, 133, 184 Captain, . .37 Windsor, . . 12 Wines and liquors, shipmasters to give in to the naval officer a true invoice of, &o., 478 Wing, John, Ensign, 33 See Moncke, George. Lieutenant, 415 See Waldron, Priscilla. Captain [John], 510 Captain, 460 Winship, Edward, 313, 331, 480, 492 deputy, . . . 308, 351, 407, 420, 437, 475, 514 Winipasekek Lake, 110 Winslad, John, 405 Winsley, Elizabeth, (executrix,) empowered to sell land, 314 John, 314 Winsley, Mrs., and others, case of, referred to next Court, 209 Winslow, Josiah, confirmed as commander-in- chief of the United Colonies' forces against the Indians, 69 Nathaniel, judgment of the General Court in favor of, 26 General, 477 Winter, John, 404 Winter Harbor, 125 Winthrop, Adam, granted his petition respect- ing the rent of Governor's Island, . . 398 Deane, 23 Treasurer to pay sixty-six pounds, thir- teen shillings, four pence to, . . . .471 John, Jun., deed of Ipswich from Mascon- uomet to, 381 Wayte, 381, 382 Wise, John, chosen minister of Chebacco, . . 285 Wiser, James, an Indian, 365, 366, 368 Wiswall, Wisewall, Ichabod, 18, 105 Noah, 217 Wittanamit, Benjamin, an Indian, 216 Woburn, 2, 6, 42, 56, 77, 99, 133, 211, 260, 266, 268, 295, 303, 309, 408, 437, 460, 475, 514 number of jurymen from, - 498 Wolomp, Wallomp, Simon, an Indian, . 365 — 367 Wolwononck, Wolowononk, an Indian, . 365 — 367 Woolfe, Susanna, freed from imprisonment, . 417 Wolves, bounty on, not to be paid except by the town or county where caught and killed, 453 Wood, John, Sen., 36 Woodbridge, John, 272, 336, 420, 472 chosen Assistant, 407, 437 authorized to administer oaths and perform the marriage rite in Newbur}-, . . . 483 John, Sen., empowered as a magistrate for Newbury, 14.5,187,226 associate for Essex county, . . . 205, 226 Rev. John, exempted from rates, . . . .379 Woodcoke, William, ... 232 Woodman, Archelaus, ... 483 deputy, 2, 14, 42, 43 John, 38 Jonathan, fine of ten pounds remitted, . .127 Woody, Wooddey, Henry, Sen., deputy, . . . 475 Isaac, 8, 23 Richard, 122 and Isaac, hearing granted on petition of, 8 and Isaac, award of the General Court in favor of, vs. Martha Coggan's estate, 23 Woodmansey, Elizabeth, 485 John, 485 Woods, John, 145 GENERAL INDEX. 607 Woods, Joshua, 217 Wool, sheep's, not to be exported, . . . 28 Woolson, Thomas, return of land laid out to, not approved, 379 granted land not to exceed three hundred acres, 485 Worcester, 486,515 Quansigamond to be called, 460 Worcester, Worster, Samuel, 315, 343 deputy, 261, 303 Worthman, William, 268 Wrentham, petition of, granted, and Thomas Fuller placed on the committee in re- lation thereto, 148 petition of the inhabitants granted, . . . 432 allowed to choose their selectmen, . . .510 Wriford, Wryford, John, grand juror, .... 18 licensed as innkeeper for Damerill's Cove, 20 Wright, John, 225,331,455 See Gifford, John. Wuttawushan, an Indian, 532 Wymans, The, 350 Wyng, John, appointed captain, 419 York, Duke of, 162 Yorke, . . 2, 42, 78, 99, 109, 133, 171, 211, 235, 461 York county, or Yorkshire, 5, 53, 87, 101, 124, 127, 134, 145, 156, 157, 182, 187, 207, 226, 235, 236, 428. declaration of the Court respecting grants of land in, 12 Richard Walderne sergeant major of the forces in, 22 associates for, appointed, 31 force to be sent for the defence of, . . . 53 nine special rates to be raised in, for war charges, 76 persons appointed associates for, .... 87 committee to examine and decide upon accounts, &c., in, 88 report of the committee to settle the ac- counts in, and order thereon, . . 102,103 provisions and clothing ordered for the sol- diers in, 135 arrears to be collected in, 139 persons appointed associates for, . . . .145 associates for, appointed, 1 86 persons invested with magistratical power for, . . . , 205 persons appointed associates for, .... 226 York River, 445 INDEX OF FREEMEN. 1674—1686. INDEX OF FREEMEN. 1674—1686. Abbot, George, 537. Abby, John, Sen., 543. Abby, Samuel, 540. Addams, Edward, 536, 537. Addams, Eleazar, 537. Addams, Nathaniel, 536. Addams, William, 539. Aloock, Mr. Samuel, 537. Aldridge, Thomas, 537. Allen, Bozoun, 541. Allin, Joseph, 541. AHin, Nathaniel, 541. Allin, Nehemiah, 537. Allyn, Samuel, 542. Amistreale, Liemach, 537. Andrew, Nicholas, 542. Andrews, John, 541. Apleton, Mr. John, 541, bis. Apleton, Mr. John, Jan., 543. Ashber, Edward, 542. Ashley, Edward, 537. Ashly, David, 539. Atwood, Alexander, 542. At wood, John, 537. Audlin, Elisha, 536. Austin, Matthew, 536. Avery, William, 537. Avesson, John, 543. Ayres, Samuel, 542. Baker, John, 538. Baker, Timothy, 537. Balch, John, 539. Ball, Eleazar, 539. Ball, Samuel, 540. Ballard, Samuel, 540. Band, William, 541. Bankroft, Thomas, 538. Barker, Nathaniel, 537. Barker, Thomas, 538. Barker, William, 538. Barnard, John, 538. Barnes, James, 540. Barnes, Nathaniel, 537. Barrat, Humphrey, 541. Barret, Joseph, 537. Bartholmew, Henry, 540. Bartlet, John, 542. Bartlet, Richard, Jun., 537. Bartlet, Robert, 542. Bartlet, Samuel, 541. Basse, Samuel, 543. Bates, John, 541. Bayly, John, 537, 540. Bayly, Thomas, 540, bis. Beale, Jeremiah, 540. Beamans, Thomas, 543. Bearbenn, John, 537. Bengilley, John, 539. Benson, Joseph, 538. Bill, James, 541. Blake, James, 537. Blany, John, 537. Blatt, John, 538. Bligh, Thomas, 536. Boardman, Andrew, 536, bis. Bointon, John, 541. Booth, Simon, 539. Boreman, Thomas, 541, bit. Bosworth, Benjamin, 539. Bosworth, Joseph, 539. Bosworth, Nathaniel, 539. Bouker, John, 543. Boules, Mr. John, 539. Boynton, Caleb, 543. Boynton, John, 543. Boynton, Joseph, 538. Bracket, James, 536. Bracket, Peter, 540. Bradbulh, Robert, 538. Bradstreet, Dudley, 536. Bread, Allen, 542. Bread, Allin, 536. Bread, Allin, Sen., 540. Brewer, John, 539. Bridgham, Jonathan, 536. Bridgham, Joseph, 538. Bridgman, John, 537. Broclebank, Samuel, 543. Broune, Cornelius, 542. Broune, Jabez, 539. Broune, Mr. John, 539. Broune, Joseph, 541, 543. Broune, Josiah, 542. Broune, Nathaniel, 543. Broune, Thomas, Jun., 541. Bruer, Chrispus, 542. Bullin, Joseph, 537. Burbank, John, 540. Burr, Simon, 542. (611) 612 INDEX OF FREEMEN. Burrill, John, 544. Burt, David, 539. Buft, Henry, 542. Buss, John, 536. Butcher, Robert, 538. Butler, Samuel, 538. Butler, William, 541. Butterfield, Nathaniel, 541. Butterick, Samuel, 539. Buxton, Anthony, 541. Byam, Abraham, 541. Cadwell, John, 537. Cakebread, Is:, 538. Capen, Bernard, 536. Caree, Jonathan, 541. Carter, John, 537. Carter, Samuel, 539. Chadwick, John, 539. Champney, Daniel, 538. Chancey, Mr. Elnathan, 538. Chancy, Elnathan, 536. Chandler, Roger, 541. Chapen, Josiah, 538. Chapin, Japhet, 540. Chaplin, Joseph, 543. Chapman, Simon, 536. Chard, Thomas, 539, 540. Checkley, Mr. Samuel, 544. Cheevers, Ezekiel, 540. Cheevers, Mr. Thomas, 540. Chickring, Nathaniel, 540. Chubbuck, John, 538. Clap, Hope, 538. Clap, Nehemiah, 541. Clark, Benjamin, 541. Clarke, Benjamin, 541. Clarke, John, 538, 543. Clarke, Jonas, 538. Clarke, Peircy, 536. Clarke, Uriah, 543. Clifford, John, 537, 538. Cloys, Walter, 538. Cobbitt, Mr. John, 542. Colbrun, John, 542. Cole, Gilbert, 538. Coleman, William, 539. Collins, Henry, 542. Collins, Henry, Jun., 536. Colton, Ephraim, 540. Colton, Thomas, 540. Cooly, Daniel, 542. Converse, Edward, 543. Cotton, John, 539. Cow, Thomas, 540. Curtis, Ephraim, 544. Curtis, Theophilus, 543. Cushin, Daniel, 539. Cushin, Matthew, Jun., 539. Dallabar, Joseph, Sen., 542. Dane, John, 541, bis. Darse, Benjamin, 543. Dauson, Henry, 538. Davis, John, 536. Davis, Samuel, 537. Devereux, John, 542. Dewy, Jedediah, 539. Dickinson, James, 543. Dixe, Ralph, 542. Dixie, Ralph, 543. Dodg, William, Jun., 542. Dodge, Edward, 542. Dodge, John, Jun., 542. Dodge, Joseph, 539. Dole, John, 539. Douse, John, 537. Douse, Samuel, 536. Dressar, John, 543. Dresser, John, 542. Dumer, Richard, Jun., 537. Dummer, Jerr, 539. Dyar, Joseph, 538. Dyer, Benjamin, 536. Dyer, Joseph, 540. Dyer, Thomas, 537. b X en, Mr. Daniel, 540. Eames, Henry, 542. Eaton, Daniel, 543. Eaton, John, 537. Eaton, Joshua, 543. Eaton, Thomas, 540. Ellings, Anthony, 536. Elliot, Andrew, Jun., 542. Elsly, William, 542. Ely, Samuel, 540. Emons, Benjamin, 537. Epps, Mr. Daniel, 536. Esty, Isaiah, 540. Eveleigh, Isaac, 543. Evelle, Joseph, 542. Fairbank, Joseph, 538. Fairbanks, Joseph, 542. Fairfield, Daniel, 542. Farr, Joseph, 541. Farrington, John, 541. Farwell, John, 541. Fellows, Joseph, 541, bis. Felton, John, 540. Fering, John, 538. Ferris, Zechariah, 537. Field, James, 542. Fisher, John, 541, bis. Fisher, Josiah, 538, 542. Fisher, Thomas, 538. Fiske, David, 543. Fiske, John, 543. Fiske, Samuel, 540. Fitch, Benjamin, 539. Flagg, Gershom, 536. Flegg, John, 541. Fletcher, Francis, 537. Foot, Isaac, 538. Foster, Mr. Isaac, 539. Foster, Jacob, 543. Foster, James, 538. Foster, John, 541. Foster, William, 537. Foule, Isaac, 537. Fox, Jabez, 537. Frary, Eleazar, 539. Freeman, Jonathan, 538, 542. Freeman, Joseph, 539. French, Jacob, 536, 537. French, Stephen, 540. French, Thomas, 536. Frost, Ephraim, 543. Frost, Samuel, 538. Fuller, John, Jun., 540. Fuller, Jonathan, 540. Fuller, Joseph, 540. Fuller, Joshua, 540. Fuller, Robert, 539. Fuller, William, 538. Furnum, Joseph, 536. Gage, Josiah, 541. Gaines, John, 543. Gardiner, John, 539, 542. Gardiner, Samuel, 536. Gardiner, Mr. Samuel, Jun., 541 Gay, Nathaniel, 536, 537. Gee, Joshua, 536. Gerrish, Benjamin, 540. Gibson, William, 537. Giddings, Joseph, 541. Gilbert, John, 541. Gill, Thomas, Jun., 538. Girdler, Francis, 538. Gittings, Thomas, 536. Glover, Nathaniel, 538. Goffe, John, 538. Gold, Robert, 539. Goldsmith, Zaccheus, 543. Goodhue, William, Jun., 540. Goodin, Christopher, 537. Gooding, Nathaniel, 539. Goodwin, John, 537. Gookin, Daniel, Jun., 537. Got, Charles, 541. Grafton, John, 539. INDEX OF FKEEMEN. .613 Green, James, 541. Green, John, 541. Greenland, John, 539. Greenleaf, Stephen, 537. Grover, Edmund, 538. Grover, Nehemiah, 538. Guile, Abraham, 541. Guile, Samuel, 538. Gurney, Richard, 540.- Hale, Thomas, 538. Hall, John, 542, 543. Hall, Richard, 537. Hanchet, John, 539. Hansitt, Peter, 542. Harding, John, 541, bis. Hardy, John, 537. Harris, John, 543. Harvie, Thomas, 536. Hascall, William, 543. Hascall, Joseph, 543. Hasseltine, Robert, 541. Hasseltine, Samuel, 541. Haukes, James, 540. Hauley, Mr. Joseph, 539. Haur, Samuel, 541. Hawthorn, John, 537. Hazeltine, Daniel, 537. Held, John, 539. Herricke, Henry, 542. Higginson, John, Jun., 537. Hill, Roger, 538. Hitchcock, John, 541. Hitchcoke, Luke, 53&. Hix, Samuel, 538. Hobart, see Hubbard. Hobson, Humphrey, 542. Holbrooke, Samuel, 540. Holden, John, 543. Hollioke, John, 537. Holman, Thomas, 538. Holton, William, 542. Horrel, Humphrey, 542. Houlett, Samuel, 536. Houlett, William, 536. Hovey, Thomas, 540. How, Israel, 539. How, John, 543. Howard, Mr. Robert, 541. Hubbard, Enoch, 539. Hubbard, John, 537, 542. Hubbard, Nehemiah, 536. Hubbard, Mr. Nehemiah, 539. Hubbart, David, 540. Huksley, Thomas, 540. Humphry, Nathaniel, 539. Humphry, Samuel, 538. Hunt, Jonathan, 539. Hunt, Thomas, 543. Hurd, Jacob, 539. Hutchins, William, 541. Hutchinson, Francis, 543. Ingolls, Samuel, 540. Ingrain, John, 542. Ingram, William, 536. Jaokman, James, 542. Jackson, John, 536, his. Jackson, Edward, 543. Jacob, Joseph, 540. Jacob, Nathaniel, 543. Jacob, Thomas, 536. James, Francis. 539, 542. Jenery, Israel, 536. Jennyson, Samuel, 541. Jewet, John, 537, bis. Jewet, Joseph, 543. Jewett, Nathaniel, 540. Jincks, Richard, 541. Johnson, Ebenezer, 542. Johnson, Edward, 542. Johnson, Jonathan, Sen., 543. Johnson, Zechariah, 537. Jones, Abraham, 539. Jones, Samuel, 537. Judd, Samuel, 542. Kellum, Daniel, Jun., 540. Kemball, Richard, 543. Kemball, Samuel, 541. Kendall, John, 539. Kent, Samuel, 540. Kimball, Benjamin, 541. King, Ralph, 539. King, Samuel, 540. Kingman, Thomas, 540. Kingsbery, Joseph, 541. Kingsbery, Nathaniel, 537. Kinsly, Enos, 540. Kirry, Henry, 537. Knight, John, 537. Knight, Joseph, 537, 542. Knolton, John, 540. Knolton, Nathaniel, 542. Knolton, Samuel, 540. Lampson, Samuel, 537. Lancton, Samuel, 540. Lane, Andrew, 537. Lawson, Mr. Deodat, 540. Layton, Thomas, 539. Lazell, Johff, 538. Leech, John, 540. Leeds, Benjamin, 539. Legg, John, 539. Leuise, John, 542. Levet, Josiah, 539. Lewis, Mr. James, 543. Lincoln, Stephen, 539. Lincolne, Benjamin, 538. Lumpson, John, 536. Lunt, Daniel, 541. Luxford, Reuben, 536, bis. Lymon, Robert, 542. Lynds, John, 539. Lynds, Joseph, 538. Lyndall, Timothy, 538. Lyon, Joseph, 539. Man, Samuel, 539. Mansfeild, John, 542. March, George, 542. Marcham, Nathaniel, 541. Markeham, Daniel, 536, bis. Marrion, John, 539. Marsh, Thomas, 538. Marsh, Zaccheus, 539. Marshall, John, 541. Marston, Manasses, 537. Masooll, John, 538. Masterson, Nathaniel, 536. Mather, Cotton, 539. Maudsley, John, 538. Maynard, John, Sen., 543. Meads, David, 541. Medcalfe, Jonathan, 542. Meriam, John, 537. Merrill, Daniel, 541, 542. Merrit, John, 542. Merrow, Henry, 537. Metcalf, Thomas, 536. Metcalfe, Jonathan, 542. Mighill, Thomas, 536. Miles, Benjamin, 538. Millar, James, 537. Millar, Joseph, 543. Mirock, John, 543. Mirriam, John, 536. Moody, William, 541. Morrell, Isaac, 541. Morse, Benjamin, 536. Morse, Jonathan, 537. Morse, Obadiah, 536, 537. Mory, Thomas, 543. Mountegue, Richard, 539. Nash, Jacob, 544. Nash, Timothy, 538. Neuton, Joseph, 543. Newhall, John, 542. Nioholl, Ephraim, 542. Nichols, Thomas, 542. Nile, Jonathan, 539. Noble, Thomas, 540. 614 INDEX OF FREEMEN. Nogget, Samuel, 543. Norman, Richard, 539. Norman, Thomas, 540. Norton, George, 540. Nowel, Mr. Samuel, 537. Noyes, John, 537. Noys, Timothy, 642. OUiver, Mr. John, 540. Olliver, John, 541. Olliver, Thomas, 536. Osgood, Christopher, 537. Osgood, Thomas, 537. Paine, Mr. Robert, Jun., 543. Palmer, Samuel, 542, 543. Parke, Thomas, Sen., 540. Parker, Abraham, 541. Parker, Hananiah, 539. Parker, John, 538. Parmiter, Benjamin, 538. Parmiter, Joseph, 538. Parris, Mr. Samuel, 541. Parsons, James, 541. Parsons, Jonathan, 542. Pason, Mr. Edward, 539, 540. Pason, Ephraim, 543. Pason, John, 539. Patch, John, 538. Patch, Richard, 538. Patten, Nathaniel, 538. Patten, Thomas, 538. Payne, Stephen, Jun., 538. Peach, John, Jun., 542. Pearly, Thomas, 537. Pebody, John, 536. Pebody, William, 543. Peirce, Joseph, 543. Peirce, Samuel, 542. Peirce, Thomas, 538. Peirse, Matthew, 543. Peirson, John, Jun., 540. Peirson, Samuel, 540. Peirpoint, Robert, 537. Peniraan, Joseph, 538. Penniman, Samuel, 538. Perkins, Abraham, 543. Perkins, Thomas, Jun., 543. Perkins, Tobiah, 543. Perry, Obadiah, 538. Person, Joseph, 537. Phelph, Nathaniel, 540. Phillips, John, 537. Phillips, Richard, 538. Phippen, Joseph, 540. Pickard, John, Jun., 542, Pike, John, 537. Pinor, John, 541. Pitcher, Samuel, 541. Pitman, Thomas, Sen., 542. Pitty, Joseph, 539, 540. Piatt, Samuel, 543. Pomrey, Joshua, 539. Pomry, Joseph, 539. Porter, Abel, 536. Porter, Israel, Jun., 543. Porter, Samuel, 543. Pratt, Timothy, 541. Pratt, William, 539. Prentice, Henry, 543. Prentice, Thomas, Sen., 540. Prentice, Thomas, Jun., 540. Prescot, John, 539. Prescot, Jonas, 539. Prescot, Peter, 541. Price, Mr. John, 537. Prince, Samuel, 538, 539. Pritchet, John, 544. Pumbrey, Caleb, 536. Putman, Thomas, Jun., 539. Raiment, William, Jun., 542. Rawson, Mr. Grindall, 542. Ray, Thomas, 542. Rayment, John, 542. Read, Edward, 538. Read, George, 542. Read, William, 540. Reade, Thomas, Jun., 539. Reads, Joseph, 540. Reads, Josiah, 540. Reddington, Daniel, 543. Richards, John, 538, 540. Richards, Joseph, 640. Richards, William, Jun., 540. Richardson, John, 536, 538. Riff, Richard, 538. Roads, Joseph, 537, 542. Roads, Josiah, 642. Robbins, Samuel, 539. Robinson, William, 543. Rockwood, Samuel, 541, bis. Rodes, Theophilus, 641. Rogers, John, 537. Root, Jacob, 642. Roote, Joseph, 542. Roote, Samuel, 539. Ruck, Samuel, 541. Rugles, John, Sen., 636. Russell, Mr. Daniel, 537. Russell, John, 538. Russell, Thomas, 537. Rassells, John, 540. Rust, Nathaniel, 536. Ryall, William, 538. Safford, Joseph, 541. Saile, Obadiah, 540. Sampson, Richard, 536. Sawyer, John, 540. Savil, John, 543. Savil, Samuel, 543. Sayer, Samuel, 536. Scott, Peter, 543. Seailes, James, 543. Seavie, William, 536. Seawall, John, 636. Seawall, Mr. Samuel, 538. Selsbe, Jonathan, 542. Sessions, Alexander, 638. Seuden, Samuel, 542. Sharpe, Richard, 536. Shaw, John, Jun., 640. Shelden, John, 540, 542. Shepard, Mr. Jeremiah, 639. Shephard, Mr. Thomas, 539. Short, Henry, 537. Sike, Vickry, 538. Smead, William, 539. Smeadley, John, 538. Smith, James, 540. Smith, John, Jun., 639. Smith, Nathaniel, 640. Smith, Pelatiah, 539. Smith, Samuel, 537. Smith, Thomas, 536. Smith, William, 542. Snow, John, 636. Souther, Joseph, 542. Spencer, Thomas, 540. Spoffard, Samuel, 543. Squire, John, 544. Stacy, William, 539. Starlings, William, 540. Stebbing, Joseph, 540. Stebbins, Benoni, 542. Sticknee, Thomas, 543. Stickney, Samuel, 641. Stoddar, Samuel, 637. Stone, Samuel, 541. Strong, Ebenezer, 542. Sumer, William, 538. Sumner, Increase, 538. Swan. Richard, 543. Syke, Increase, 542. Taylor, Mr. Edward, 538, 539. Taylor, John, 542. Taylor, Sebred, 537. Thatcher, Mr. Peter, 538. Thaxter, Samuel, 538. Thing, John, 639. Thirston, Daniel, 538. INDEX OP FREEMEN. 615 Thompson, James, 536. Thorndiok, Paul, 539. Thwing, Benjamin, 539. Thwing, Edward, 536. Tilton, Abraham, 540. Toleman, John, 538. Toleman, Thomas, 538. Toppan, Jacob, 537. Torrey, Josiah, 542. Towner, Jacob, 544. Townsend, John, 538. Townsend, Samuel, 541. Townsend, Thomas, 541. Tredwell, Nathaniel, 541, 6m. Tredwell, Thomas, 541, bis. Trescot, John, 541. Trew, Henry, 537. Truesdale, Samuel, 543. Tremble, Joseph,. 540. Tucker, Ephraim, 538. Tucker, John, 537, bis. Tucker, Manasses, 538. Tuffts, Peter, 539. Tyng, Jonathan, 539. Upham, Phineas, 543. Valentine, John, 536. Vales, James, 542. Vickree, Jonathan, 538. Vickrey, Isaac, 539. Vyol, John, 541. Wade, Nathaniel, 543. Wade, Mr. Thomas,^541. Wakefeild, Obadiah, 541. Walers, Christopher, 541. Wales, John, 537. Wales, John, Sen., 538. Walker, Edward, 543. Walker, Israel, 536. Walker, John, 537. Walker, Joseph, 538. Walker, Samuel, 536. Wallis, Nicholas, 536. Walton, Nathan, 539. Ward, John, 543. Ward, Samuel, 536. Wardner, John, 541. Warfeild, John, 541, bis. Warner, Daniel, 541, bis. Warner, Mark, 542. Warner, Nathaniel, 636, 542. Warner, Samuel, 536. Waters, Samuel, 542. Wating, James, 542. Way, William, 538. Weare, John, 537, Weare, Robert, 538, 540. Webb, Joseph, 536. Welby, Nathaniel, 539. Weld, Thomas, 536. Weller, Eleazar, 640. Wells, John, 538. Wentworth, Samuel, 537. Wheeler, Timothy, 536, 537. White, Ebenezer, 536. White, John, 537. White, Resolved, 539. White, Thomas, 540. Whiting, Joseph, 536. Whitman, Abiah, 540. Whitman, Abraham, 539. Whitman, John, 540. Whitmarsh, Nicholas, 540. Whitney, John, 542. Wight, Joseph, 538. Wiglesworth, Mr., 539. Willard, Simon, 539. William, Isaac, 543. William, Nathaniel, 537. Williams, Ebenezer, 541. Willis, Mr. Edward, 542. Willis, Nicholas, 640. Wilson, Joseph, 643. Wilson, Samuel, 543. Windsor, Joshua, 538. Wing, Joseph, 639, bis. Winship, Ephraim, 539, 540. Winthrop, Mr. Adam, 541. Wiswall, Ebenezer, 636, 539. Wiswall, Noah, 543. Withington, Henry, 538. Witman, Zachariah, 539. Woodbery, Humphrey, 538. Woodbery, Isaac, 538. Woodbury, Thomas, 642. Woodward, Amos, 638. Woodward, John, 539. Wright, James, 542. Wright, Joseph, 536. Wright, Judah, 537. Younglove, Mr. John, 537.