YALE UNIVERSITY LIBRARY RECORDS or THE ., |OURT OF ASSISTANTS OF THE COLONY OP THB MASSACHUSETTS BAY 1630-1692 PRINTED UNDER THE SUPERVISION OF JOHN NOBLE CLZBE. OF THB SUPRBHOE JTT)ICIAL COURT Yol. II. BOSTON PUBLISHED BY THE COUNTY OF SUFFOLK 1904 YALE 2 gotMotU anb ann. all this to be att the comon charge. It was ordered that James Pen should haue 20 4. nobles j> ann & a dayes worke of a man att springe from eu)y able famyly to helpe build his howse, his yeare to begin the 1th of September nexte. his imployem' to be as a Beadle to attend vpon the Gou)nr, and alwaies to be ready to execute his comands in publique businesses. It was ordered that there should be a Court of Assistants helde att the GoSn™ howse on the 7th day of Septemb' nexte being tuesday to begin att 8 5. courtB. of the clocke. referred till the nexte Conrt./ It was (gpounded whither there should not be a Court helde eu)y first tuesday in eu)y moneth, & a Geniall Court the last Wednesday in eu)y tearme./ 6 It was ordered that, in all ciuill accons the first (gcesse or sumons by the Beadle or his deputy shalbe proceB' directed by the Gou>nr or Deputy Gou>nr or some other of the Assistants being a Justice of the peace, the next igcesse to be a capias or distringas att the discrecon of the Court./ OF THE MASSACHUSETTS BAY. 3 [56] { , It was ordered that Morton of Mount Woolison should presently be sent for by (gcesse. ; 8. It was ordered that carpenters joyners bricke- ' ™4*"" layers sawers* and thatchers shall not take aboue 2* a day, nor any man shall giue more vnder paine of x8 to taker & giuer/. and that sawers shall not take aboue 4" — 6d ye hundred for boards, att 6 scoore to the hundred, if they haue their wood felled & squared for ' them', & not aboue 5s — 6d if they fell & square their wood themselues./ It was ordered that the Gouernr & Deputy Gou)nr Jg for the tyme being shall alwaies be Justices of y" peace. and that Sr. Eich: Saltonstall Mr. Johnson Mr. Endicott & M1. Ludlowe shalbe Justices of the peace for the prsent tyme, in all tilings to haue like power that Justices of peace hath| in England for reformation of abuses and punishing of ojfend™. and that any Justice of the peace may imprison ant o|fendr, but not inflict any corporall pun- ishm' w^out the prsence & consent of some one of the Assistants. ri0, t "r It was ordered that noe uson shall vse or take [2] •; away any boate or Cannoe without leaue from the ato"' (.owner thereof in paine of ffyne & imprisonm', att the discrecon of the Court./ Memorand. to estimate the nexte Court day the charges y' Mr. Gou!nr hath beene att in entertaineing sefDall publique psons since his landing in Newe England./ 1 [57] A Court of Assistants holden att Charlton the 7th of September 1630. Present The Gouern' Mr. Nowell Deputy Goulnor Mr. Coddington Sr. Rich: Saltonstall, k' Mr. Ludlowe Mr. Johnson Mr. Rossiter Mr, Endicott Mr. Pinchon Mr. Sharpe Mr. Bradstreete Capt. Endicott beinge formerly chosen an Assistant did nowe take the oath of an Assistant in the presence of the Court. " Sawyers " in L. copy. t " Have " in L. copy. t " Any " in L. copy. 4 RECORDS OF THE COURT OF ASSISTANTS It was ordered that eWy third tuesday there should be a Court of Assistants helde att the Goutao's howse (for the tyme being) to begin || att || 8 of the clocke in the morneing, eu)y Assistant not being present att that tyme to be fyned att the discrecon of the Court. James Pen did now take the oath of Beadle. Mr. Ludlowe Mr. Eossiter & Mr. Pinchon by the gefDall consent of the Court is* fyned a noble a peece for their absence from the Court after the tyme appoyncted. It is ordered by this present Court, that Thomas punished.t Morton of Mount Wolliston t shall presently be sett into the bilbowes, & after sent prisoner into England by the Shipp called the Gif te, nowe returneing thith[er] that all his goods shalbe seazed vpon to defray the charge of his transportation, payem' of his debts, & to giue satisf accon to the Indians for a Cannoe hee vniustly tooke away from them & that his howse, after the goods are taken out, shalbe burnt downe to the ground in the sight of the Indians for their satisfaccon, for many wrongs hee hath done them from tyme to tyme./ It is ordered that Mr. Clearke shall pay vnto John Baker the some of xxxviij* in recompence, for the damage hee receaued by a bar- gaine of cloath, wherein Mr. Clearke dealte fraudylently with the said John Baker as hath beene (gued vpon oath. [58] It is ordered that Mr. Patricke & Mr. Vnderhill shall haue allowed them for halfe a yeares (gvision, 2 hogsheads of meale, 4 bushells of malte, 10' of powder, & leade to make shott, also howseroome guided for them & 151 12s in money to make other prouisions. all this to be done att the publique charge their yeare to begin from the tyme they begin to keep howse. It is ordered that Trimountaine shall be called Bos- rwaterDT°ornne!ter' ton> Mattapan Dorchester, & the Towne vpon Charles Eyver Waterton. / r It is ordered that noe nson shall plant in any place plantations. I within the tymitts of this Pattent, without leaue from [the Gou)nr and Assistants, or the maior pte of them. Also that a warrant shall presently be sent to Aggawam, to coiiiand those that are planted there forthwith to come away. * " Are " in L. copy. t In modern hand. J '• Wollaston " in L. copy. OF THE MASSACHUSETTS BAY. 5 A Court of Assistants holden att Charlton 28th of Septembr 1630. Present The GofDnr Mr. Nowell Deputy Gou)nr Mr. Coddington Capt. Endicott Mr. Bradstreete Mr. Ludlowe Mr. Eossiter Mr. Pinchon. It is ordered that those of Dorchester whoe bought certayne cattell of the merch18 of Dorchester, shall pay vnto Hieh: Stower 9 bushells of meale or of Indian corne or 91 of beaur for the keepeing of the said cattell according to an agreem'. made w"1 him. It is ordered that noe gson whatsoeur. shall Indian" 2" either directly or indirectly, imploy or cause to be imployed or to their power umitt any Indian to vse any peece vpon any occacon or pretence whatsoeuer, vnder payne of ^¦ffyne for the first offence & for the 2* offence to be ffyned & im prisoned att the discrecon of the Court./ f It is further ordered that noe serv'. eithr. man A or maide shall either giue sell or trucke any cofii- ¦*- (3) / odytie whatsoeu', without lycence from their maister ) dureing the tyme of their service vnder paine of ffvne ( & corporall punishm1. att the discrecon of the Court. [69] John Woodbury is chosen Constable of Salem & £jhom[as] Stoughton constable of Dorchester, to contynue in that office for a yeare & after till newe be chosen. John Woodbury did nowe take the oath of a Constable. It is ordered that all Eich: Cloughes stronge •died on. ™ water shall presently be seazed vpon, for his selling greate quantytie thereof toseiBall mens serv'8 which was the occacon of much disorder drunckenes & misdemeanr. . ,6_ It is ordered that noe maister carpenter mason 5?**'or joyner or brickelayer shall take aboue 16d a day for their worke, if they haue meate and drinke, & the second sort not aboue 12d a day vnder payne of x8 both to giuer & re- ceauer./ . It is ordered that Mr. Patricke & Mr. Vndrhill shall haue allowed " Second " in L. copy. 6 RECORDS OF THE COURT OF ASSISTANTS them 61 8s iu money to buy them howseholde stuffe, & for helpe to washe brewe & bake [xx]*Thomas Gray is inioyned vnder the penalty of Gray sent. ^ fo attend oa tlie court {n £SOn this day 3 weekes to answer to dyvers things obiected against him & to remoue himselfe out of the lymetts of this patt[ent] before the end of March nexte. Sr. Eich: Saltonstall is ffyned 4 bushells of malte for his absence from the Court. It is ordered that noe pson inhabitting within 6- the lymitts of this Pattent shall either directly or indirectly giue sell trucke or send away any Indian corn to any Englishe without the lymitts of' this Pattent or to any Indian whatsoeuer without licence from the Gou)nr. & Assistants. It is ordered that John Goul worth shalbe Gouidsworth, -whipped and afterwards sett in the stocks for fel- Pickrin, censr. rr ' . lony comitted by him whereof hee is convicted by his owne confession also that Henry Lyfi shalbe whipped for the like of ence, & John Boggust & John Pickryn to sitt in the stocks 4 howers togeath'. att Salem for being access[aryj therevnto. It is ordered that there shalbe collected & lev- For Cap' Patrick & ;e(j ^v distresse out of the seuall plantacons for the Cap' Und'hill 50i>. J r maintenance of Mr. Patricke & Mr. Vnderhill the some of 501, vz : out of Charlton 71 Boston ll1 Dor- chestr 71 Eocsbury 51 Waterton ll1 Meadford 3l Salem 3l Wessaguscus 21 Natascett l1. It is ordered tljat Labourers shall not take aboue 12d a day for their worke, ¬ aboue 6d & [meate &] drinke vnder paine of x". [60] Septemb1 28th 1630. A Jury impanneld to inquire concerning the Death of Austen Bratcher. Eich: Browne Nich: Vpsall Willm Aspynwall John Johnson Abraham Palm'. Edward Converse Nich: Stower Ealfe Sprage Peter Palf ry Giles Sexton Eoger Williams Abraham Pratt Willm Bunellt — Francis Smyth George Dyar — * " XX1' " in L. copy. t " Bunnell " in L. copy. OF THE MASSACHUSETTS BAY. 7 Austen Bratcher dyeing lately att Mr Cradocks plantacon was '• vewed before his buryall by dyvrB psons vz = — Tho: Graues Thomas Eeade James Crugott Eich: Lynton \ Thomas Ward John Jarvis y absent. Thomas Paynt'. Arthur Ellis. ) Willm Barsham The Jureys Verdict ' . Wee finde that the strookes* giuen by Walter Palmer were occation- , ally the meanes of the death of Austen Bratcher & soe to be man- slaught'./ Walter Palmer hath bound himselfe in 40l. & Ealfe Sprage & John , Sticklett hathf bound themselues in 20l a peece for Walter Palmers ¦ jsonall appearance att the nexte Courte to be holden att Boston the ' 19th of Octobr nexte to answer for the death of Austen Bratcher./ [61] September 18th. 1630. Vpon vew of the dead body of Willm Bateman An Inquisicon taken att Charlton the 18th day of Septbr Ano Dni 1630 before John Winthrop, Esq'. & GouW. & Isaack Johnson Esqr. one of the Assistants & Justice ofAPeace Vpon the oathes of Waltr Norton Esqr. Eichard Browne Nich: Stowre EoBte Hardinge Ealfe Sprage Eichard Garrett Will: Cheesebrough Thomas Willms John Stickland Daniell Eich: Norman John Baker Willm Bateman whoe say, vpon their oathes that the aforesd Willm Bateman was sett on shore vpon the necke of land neere Pullen poynte in the bay of Mattachusetts by a shallop of one Mr. Wright (which brought him from Plimouthe) vpon Wednesday last being very sicke & weake & ' beinge lefte there with one Mr Ealfe Glouer & others, whoe hadd a shallop in that place, but being forced to leaue her there because the " Stroakes " in L. copy. f " Have " in L. copy. 8 RECORDS OF THE COURT OF ASSISTANTS winde was contrarie, they returneing home lefte him such pvisions as they hadd, & a & fire, but when they returned to their boate vpon Friday last they found the said Willm Bateman dead about the highwater marke neere their boate aboute a stones cast from the place where they lefte him — Soe the Jury p'sents that hee dyed by gods visitacon. Evidences, Mr. Ealfe Spfftge Glouer Elias Mau)acke Giles Sex ton & James Browne, cyr. [On page 62 and 63 is a record of a General Court 19 Oct., 1630, and a list of those desiring to be made freemen. Page 64 is blank.] [65] A Court of Assistants holden att Boston Nouemb' 9th. 1630. Present It is ordered that whereas the vsuall rate of beau' De^my e'oam. h^11 beene after 6'- the Pound> it; shalbe hereafter lefte s>. Rich saltonstall free f0r euy man to make the best (gffit & impuem' Mr. Ludlowe ,, .. ,. . -, cap.. Endicott °f i* that hee can. m>. Coddington It is ordered, that euy Englishe man £ ^dstreete RePea'ed' that killeth a wolfe in any p'te within the Lymitts of this pattent shall haue allowed him ld- for eu)y beast & horse & ob.* for eu)y weaned swyne & goate in eu)y plantacon to be leuied by the Constables of the sd plantacons. It is further ordered that whoesoeuer shall first giue in his name to M'. Gou)n' that hee will vndertake to sett vpp a 3 fferrv betwixte Boston and Charlton & shall begin the Ferry encourag*. J same att such tyme as M'. Gou)n' shall appoynct, shall haue la. for eii)y pson & ld for eu>y 100 waight of goods hee shall soe transport. f M'. Clearke is phibited cohabitacon & frequent keepeing company with M's Freeman, vnder paine of such company punishm' as the Court shall thinke meete to inflict. M'. Clearke & M'. Freeman hath bound themselues in xx1 apeece that Mr Clearke shall make his psonall appearance att the nexte Court to be holden in March nexte, & in the meane tyme to carry himselfe in good behav' towards all people & espetially towards M™. Freeman, con- cerneing whome there is stronge suspicion of incontinency. ' It is ordered, that Eich Diffy, serv1 to Sr. Eichard Saltonstall shalbe whipped for his misdemean' towards his maister. * OboluB or half penny. OF THE MASSACHUSETTS BAY. 9 A Jury impannel[ J for the Tryall of Walter Palmer concemeing the Death of Austin Bratcher. M' Edmond Lockwood Eich: Morris Willm Eockewell Willm Balston Christopher Conant Willm Cheesbrough Willm Phelpes John Page Willm Gallard* John Balshe John Hoskins Laurence Leach The jury findes Walter Palmer not guilty of manslaughter whereof hee stoode "indicted & soe the Court acquitts him. [66] A Court of Assistants holden att Boston Nouemb' 30th 1630. Present The GofDn' M'. Nowell The Deputy Go®n' M'. Pinchon Sr. Eich: Saltonstall M'. Coddington Mr. Ludlowe Mr. Bradstreete. Sr. Eich. Saltonstall is fyned v1 for whipping 2 seulall psons without the presence of another Assist ant contrary to an act of Court formly made. It is ordered that whoesoeuer imployeth Willm Knopp or his sonne in any worke shall pay the one halfe of their wages to S'. Eich. Siltonstall, & whoeuer buyeth boards of them shall pay one halfe of the price to Sr. Eichard, till the money hee hath disbursed for them be satisfyed. John H Bartholmewe Hill is adiudged to be whipt for stealeing a loafe. of breade from John Hoskins which himselfe confesseth. It is ordered that there shalbe 60' collected out of the seiDall plantacons followeing for the mainetenance of M'. Rate for,. Wilson & M'. Phillips, vz: out of Boston 201. Water- ministers. r 7 ton 201. Charlton 10'. Eockesbury 6'. Meadford 31. Winnett-semett l1. It is ordered, that John Baker shalbe whipped Jn° Bakers cens. „ , . „ , . ™ 1 1 . i i for shootemg att fowle on the Sabboth day cr/r. " Gaylard " in L. copy. 10 RECORDS OF THE COURT OF ASSISTANTS It is further ordered that Thomas Moulton shall pay vnto Mr. Ealfe Glouer xl8 before the 8th day of Decemb' nexte or els to be whipped for the wronge hee did M'. Glouer in comeing from Plymoth being maister of his boate, & leaue- ing him without a pylott. [67] A Court of Assistants holden att Boston l'h of March 1630-31* Present The Gouern' Mr. Pinchou Deputie Goffin'. Mr. Nowell Sr. Eich: Saltonstall M'. Sharpe M'. Ludlowe Mr. Coddington Capt. Endicott M'. Bradstreete. It is ordered that Mr. Aleworth M'. Weau' Mr. Plastow Mr. Shut' Cobbettt & Wormewood shalbe sent into England by the shipp Lyon, or soe many of them as the ship can carry the Semil persons sent regt tQ be gent thither by the ith of May nexte if prisoner home. ^ * there be optunitie of shipping, if not by the nexte shipp that returnes for England as psons vnmeete to inhabit here, & that Sr. Christopher Gardn'. & Mr. Wright shalbe sent as prisoners into England by the shipp Lyon nowe returneing thither./ Further, it is ordered, that the busines concemeing Mr. George Ludlowe expressed in a certaine petition sent out of Eugland to the Gouta'. g/- shalbe referred to t[he] Gou)n' & Deputy Ludlow Gou)n'. & the rest of the Assistants resident att Boston (or some 3 of them the GoiDn' [&] Deputie being 2 thereof) to receaue his answer, and determyne the busines. Mr Tho: Stoughton, Constable of Dorchester is ifn'edh°: Stsught°Q fyued vl for takeing vpon him to marry Clem1 Briggs & Joane Allen, & to be imprisoned till hee hath pd his ffyne. I It is ordered that if any pson within the Lym- 7 (4) l'itts of this Pattent, doe trade trucke or sell any traded w t ' in "" \ money eithr siluor 01' Solde> to any Indian, or any man mony. /that knoweth of any that shall soe doe & conceale the ^same shall forfe[it] twenty for one — * See Winthrop I. 38, 30, for meetings iu December, 1630. t " M'. Cobbett " in L. copy. OF THE MASSACHUSETTS BAY. 11 Further it is ordered that whateuer pson hath receau[ed] any Indian into their jfamylie as a serv' shall discharge them selues of them by the 1th of May nexte, & that noe pson shall hereafter intertable any Indian for a serv' without licence from the Court. Nich: Knopp is fyned v1 for takeing vpon him to cure the scurvey by a water of noe worth nor value, which hee solde att a very deare rate, to be imprisoned till hee pay his ffine or giue securitye for it, or els to be whipped & shalbe lyable to any mans accon of whome hee hath receaued money for the sd water. Indian not to be en^teynd as servta Nick: Knop find for deceite. [68] Wellust sallery. Elfords & Buretys bond. Jost Weillust is chosen survey' of the ordinanc & cannouneere for which hee is to haue allowed him 10l p ann. John EUford hath bound himselfe in C inks, & Eoger Connant & John Woodbury hath bound them selues in 401 a peece for John Ellfords psonall ap pearance att the first Court to be holden in Novemb' nexte to answere for the death of Thomas Puckett. M'. Willm Pelham & Mr. Edmond Lockewood hath praised to pay to the Court the some of v1. for Nich: Knopp before the last Court of May nexte. Att a Court att Waterton March 8lh 1630-31. P'sent The GoiDn' Deputie GoiDn' Sr. Eich: Saltonstall M'. Ludlowe M'. Nowell M'. Pinchon M'. Coddington M'. Bradstreete. Vpon a complaynte made by Saggamore John & Pet', for haueing 2 wigwams burnt which vpon ex- aminacon appeared to be occaconed by James Wood ward serv' to Sr. Eich: Saltonstall it was therefore Eichard should satisfie the Indians for the wronge done to them (which accordingly hee did by giueing them 7 yards of cloath) & that his said serv'. should pay vnto him for it att the end of his tyme the some of 1\ Indians recompence for 2 wlggwams, burnt by 8' Ri: 8al[ :man] : ordered that Sr 12 RECORDS OF THE COURT OF ASSISTANTS It was ordered that Tho: Foxe serv' to M'. Cra- Tho: Fox sent. docke shalbe whipped for vttering mallitious & scan- dilous speeches, whereby hee sought to traduce the Court as if they hadd taken some bribe in the busines concemeing Walter Palmer./ Further (in regard the number of Assistants legality. are but fewe & some of them goeing for England) it was therefore ordered that whensoeuer the number of 9 , ... . . Assistants resident within the Lymitts of this Juris- diccon shalbe fewer then 9, it shalbe lawfull for the maior p'te of them to keepe a Court and whatsoeu) orders or acts they shall make shalbe as legall & authenticall as if there were the full number of 7 or more. [69] Att a Court of Assistants holden att Boston March 22th 1630-31. Present The Gouern' Sr. Eich: Soltonstall The Deputie GouTn' M'. Pinchon M'. Ludlowe M'. Sharpe M'. Coddington M'. Bradstreete. M'. Nowell It is ordered (that whereas the wages of Car at Hberty"8 Rate™ pent™ Joyners & other artificers & workemen were by order of court restrayned to pticul' somes) A shall nowe be lefte free & att libertie as men shall || reasonably || agree. Further it is ordered that effiy Towne within this f^IoTeprov^d. Pattent shall before the 5«> of Aprill nexte, take es- petiall care that eu)y pson within their Towne (ex cept magistrates & ministers) as well serv* as others, be furnished with good & sufficient armes allowable by the Capt. or other officers, those that want & are of abilitie to buy them them selues, others tha[t] are vnable to haue them pvided by the Towne for the present, & after to receiue satisfaccon for that they disburse when they shalbe able. It is likewise ordered that all psons whatsoeuer that haue cards dice or tables in their howses shall make away with them before the nexte Court vnder paine of punishm'./ Cardes & dice 11 (5) to be made away w". OF THE MASSACHUSETTS BAY. 13 Eich: Johnson confesseth to owe vnto Sr: Eichard Johnson acknowi- Saltonstall (all accompts cleared) the some of 13'. SKBich. wch hee promiseth to pay after 2s p weeke, therefore it is ordered that those that setts Johnson on worke • shall pay vnto S'. Eichard. out of his wages the sd 2s p week. Crib Cable & ^-t is ordered that Beniamyn Cribb John Cable & Trowent sent, to be Morris Trowent shalbe whipped for stealeing 3 piggs ,' wUpt- of M'. Ealfe Glouers. Eich: Louge confesseth to owe vnto M'. Ludlowe the some of 3l — 18s — 4d. which hee pmisseth to pay him after 29. p weeke till it be all satisfied. It appeares by S'. Eich: Saltonstalls note of disbursm'6 that Willm Knopp owes him the some of 191 vs, as was evidenced to the Court by Eichard Browne & Ephraim Childe being men indifferently chosen betwixte them to iudge thereof. [70] A Court of Assistants holden att Boston Aprill 12th 1631.* P'sent, The GofDn' Mr. Nowell Deputie Gou)nr M'. Pinchon M'. Ludlowe Mr. Bradstreete. It is ordered that there shalbe a watch of 4 kept tog)]*. ' e®7 night att Dorchester & another of 4 att Waterton the watches to begin att Sunsett. Further it is ordered that if any pson shall shoote of any peece after the watch is sett, hee shall forfeict 40s. or if the Court shall iudge him vnable then to be whipped, the second fault to be punished by the Court as an offence of an higher nature. It is likewise ordered, that eu)y man that findes a muskett shall before the 18th clay of this moneth »«n u> prortde?7 (& soe alwaies after) haue ready 1' of powder 20' bulletts & 2 fathome of match vnder penaltie of x9 for e©y fault. — moderated 470 : f Tndneinge one a It is ordered that eu)y Captaiue shall traine his compauie on Saterday in euerie weeke. * See Winthrop I. 53. ^^TThis nnmber, which is not in the Lechford copy, is a reference to an order of the General """* Passed In June, 1641, and numbered 470 in the margin of the record. See Mass. Col. Records, »«LI.,p.307. Disturbance of ym » (6) 14 RECORDS OF THE COURT OF ASSISTANTS Further it is ordered that noe pson shall travell Travellers not to go ¦ le betwixte theis plantacons & Plymouthe nor vnarmed. ° j. ./ without some armes though 2 or 3 togeath'. A Court of Assistants holden att Boston May 3 1631. Present The GofDn' Mr. Nowell Deputie Gouin' Mr. Pinchon M'. Ludlowe M'. Bradstreete Capt. Endicott It is ordered that Thomas Chubb shall be freed from the service of M'. Sam11 Mauiacke & shall become serv' to Willm Gayllerd of Dor chester. It is ordered that John Legge serv' to M'. Humfry shalbe seuerely whipped this day att Boston, and afterwards soe soone as conveniently may be att Salem for strikeing Eichard Wright when hee came to giue him correccon for idleness in his maist'3 worke. [71] Tho: Walford of Charlton is fyned xls. & is in- ioyned hee and his wife to depte out of the lymits waiford to of thi p ttent before th 20th d f October nexte de£*y° patent. * vnder paine of confiscacon of his goods for his con tempt of authoritie & confrontinge officers g/-. It is ordered that for this yeare if the cowes horses or goates of any Trespasses in corne, mans in any plantacon sh-aH (Salem excepted) shall own'B of cattle to trespasse & doe hurte in the corne of another, that the pay' owner of the cattellshall malte full satisfaccon for the damage done by them, & ,that all swine that are found Swyne forfeited g/-. m any mans corne shalbe forfeict to the publique, out of wch the p'tie damnyfied shalbe satisfied, if yu swine soe f orfeicted be of that value, if not the owner is to make full recompence in other goods. It is ordered that Thomas Bartlett serv' to Mr. Pelham shalbe whipped for his vniust selling of his maisters tooles, & Tho: Bartlets sent. , „ n tt • -r , that bam" Hosier & John Page shall returne either the tooles they bought of him or the prices thereof to M'. Pelham. John Norman sen', is fyned xs for his not appearing att the Court beinsr sumoned. OF THE MASSACHUSETTS BAY. 15 A Jury impanneld to inquire concemeing an accon of Battry com- playned of by Thomas Dextor against Capt. Endicott Eich: Browne Henry Wolcott Willm Clearke Samu Hosier Alex: Wignall John Stickland John Dillingham Isaac Sternes John Gosse Daniell Eince John Johnson Edw: Converse. The Jury findes for the plantiffe and cesses for damages xls. [On page 72 and the beginning of page 73 is the record of a General Court 18 May, 1631. The rest of page 73 and pages 74 and 79 contain lists of freemen admitted from 1631 to 1634. Between pages 74 and 79 there were at the time the pages of the book were numbered two leaves paged 75, 76," 77, and 78. These are now in the first part of the original volume and are paged, beside the old paging, (1), (2), (9), and (10). The order in which Lechford made his copy, about the year 1640, indicates that these two leaves with other miscellaneous matter were then at the end of the original volume, and that the first pagination took place at a later date after these two leaves had been inserted between pages 74 and 79. In fact, the first numbering of the pages of the original seems to have been done by Rawson, the Secretary after Nowell. The leaf paged 75 and 76 contains the oaths for the governor and for the council. That paged 77 and 78 contains the "Answer" of John Pratt and the action of the court thereon. This has no date, but it appears from a mention of it by Winthrop, in his History of New England, page 173, to have been at a meeting of the Court of Assistants Nov. 3, 1635. It will be found below at the end of Part I.] [80] A Court holden att Boston June 14th 1631. ( It is ordered that noe man within the J limitts of this Jurisdiccon shall hire any ] pson for a serv' for lesse time then a yeare, ( vnles hee be a setled housekeep also that noe pson w'soeuer shall trauell out of this pattent eith' by sea or land without leaue from the Govern' Deputy GoiDn' or some other assis tant, vnder such penalty as the Court shall thinke meete to inflict. It is ordered that the Constables of the seiDall plantacons shall giue notice to the credit" of Capt. Levett John Boggust & Henry Lauson to be att the nexte Court to make pfe of their debts that they may receiue satisfaccon for the same, soe farr as their goods will afford. Vpon the reading of certaine Artickles concemeing a gefOall trade of beav' agreed vpon by Capt. Endicott & dyv's others. It was ordered that the psons interestA therein shall giue a meeteing before the nexte Present 16 The QoOn' (S) Deputy GoOn' Mr. Lndlowe [sv<] Capt. Endicott M>. Noweil Licence. M>. Plnchon 17 Simon Bradstreete. 16 RECORDS OF THE COURT OF ASSISTANTS Court att such tyme & place as Capt. Endicott shall appoynct, to discide such differences as are betwixte them, & for such as they cannot end to bring them to the nexte Court there to be determined. M'. John Maisters hath vndertaken to make a John Maisters's.* , ^ . m l-^c\-^t. passage from Charles Eyver to the newe Towne [12]t foote broad & [7] foote deepe for which the Court pmiseth him satis faccon according as the charges thereof shall amount vnto. It is ordered that Phillip Swaddon shalbe whipped for railing away from his maister EoBte Seely, intending to goe to Virginia. It is ordered that Phillip BatHfe shalbe whipped haue his eares cutt of fyned 40' & banished out of ye lymitts of this Jurisdiccon, for vttering mallitious & scandalous speeches against the goffim' & the church of Salem g/-., as appeareth by a pticul'. thereof, pued vpon oath.t T . It is ordered that noe pson w'soeuer shall buy Licence. *^ J come or any other pvision or merch'able comodity of any shipp or barke that comes into this bay without leaue from the GoiDn' or some oth' of the Assistants. Chickatabut Chickataubott is fyned a skyn of beau' for shoote- inge a swine of Sr. Eich: Saltonstalls.§ ja: Browne cmiseth Willm Almy is "fyned ijs vid for takeing away Mr payem'- Glouers cannoe without leaue. 19 Edw: Converse hath vndertaken to sett vpp a ff erry [Edwi Convene un- betwixte Charlton & Boston for which hee is to haue cnariestown Ferry. ijd f°r eu)y single pson & ld a peece if there be 2 or more. It is ordered that Mr. Pelham shall pay vnto Tho: Goilthayt the some of v1 (whereof 5 nobles is already pd) vr^ the Court hath awarded him to pay to make good a covenant betwixte them. [81] A Court of Assistants holden att Boston July 5th 1631. p'Bent' It is ordered there shalbe levyed out of the seOall TheGoHn' _ _ J Deputy Goonr plantacons the some of thirty pounds for the make-. m>. Lndiowe jng 0f the creeke att the Newe Towne, vz. : Win- Mr. Nowell m>'. pinchon ettsem' 15s Wessaguscus 40s Saugus 20* Natascett 10" S: Bradsireete. Waterton v1 Boston v' Dorchester 4' 10s Eocksbury 31 Salem 3' 15" Charlton 41 10". 20 Further it is ordered that all the Ilelands within Ilandfl the Lymitts of this pattent vz. Conants Ileland * In modern hand. J See Winthrop I. 66. t"20" iu L. copy. § See Winthrop 1.66. OF THE MASSACHUSETTS BAY. 17 Noddles Ileland Tompsons Ileland togeath' with all other Ilelands within the lymitts of our pattent shalbe apppriated to publique benefit & vses, & to remaine in the power of the Gou)n' & Assistants (for the time being,) to be lett & disposed of || by || them to helpe towards publique charges, & that noe pson w'soeu' shall make any vse orbenefitt of any of the said Ilelands, by putting on Cattell, felling wood raise- ing slate g/r. without leaue from the GoiJn' & Assistants for the time being. This order to take place imediately after the first of Octobr nexte. It is further ordered that euy Assistant shall haue power to graunt war" sumons & attatchm'3, as occacon shall require, & that the acts of the Court shalbe authenticall if they passe onely vnder the Sec- retaryes hand for ye tyme being. || The Saggamore of Aggawam is banished from comeing into any Englishe mans howse for the space of a yeare, vnd' the penalty of 10 skins of beav'. || Aslstants to make samons.21 (9) Court. Att a Court holden att Boston July 26"1. 1631. P'sent, The GoOn' Deputy GoUnr Mf. Ludlowe Capt. Endicott M'. Nowell M». Pinchon S: Bradstreete [22] FyreB. (10) For the p'servacon of howses hay boards timb' gyr it was ordered that noe pson whatsoeuer within the Lymitts of o' Pattent shall burne any ground any yeare till the first of March, vnder such penalty as the Court shall thinke meete to inflict ; & if any pson be desirous to burne any of his owne oorno ground for corne before that time, hee shall make full satis faccon for the damage it doeth in case any be occacon1' thereby. Altred qjt 442.* Lucy Smyth is bound as an apprentice with Mr. Eoger Ludlowe for 7 yeares for woh dureing w" tyme hee is to finde her meate drinke & cloathes, & att the end of her yeares to giue her the some of v'. Watch. It is ordered that there shalbe a watch of sixe & 3- an ofi[cer] kept euy night att Boston, 2 whereof are to be of Boston 2 of Charlton and 2 of Eocksbury. This refers to an order of the Gent. Court passed Nov., 1639, and numbered 442 in the margin of the record. Lncy Smith. 18 RECORDS OF THE COURT OF ASSISTANTS 4 It is further ordered that eu)y first Thursday in Traineing. eu)y m[oneth] there shalbe a gen)all traineing of Capt. Vnd'hills com[pany] att Boston & Eocksbury, & euty first Friday in eu)y moneth there shalbe a -geffial traineing of the remaind' of them [that] inhabitt att Charlton Misticke & the newe Towne att [some] convenient place aboute the Indian wigwams, the traine[ing to] begin att One of the clocke in the afternoone. [82.] It is ordered that Frauncis Perry shalbe whipped for his ill speeches & misbehav' towards his maister. M'. Frauncis Aleworth is chosen Leifeten' vnto Capt. Southcoate, & Capt. Southcoate hath liberty graunted him to goe for England pmiseing to returne againe w'h all convenient speede. A Court of Assistants holden att Boston August 16th, 1631. Present, f It js ordered that any bill assigned ' l to another shalbe good debt to the pty to whome it is assigned, also that such debts due vpon bill shalbe pd before any other & that the pty that giueth such bills shall renewe them vpon demaund & deliuy in of the olde bill. It is ordered that M'. Shepheard and Eobte Coles Gibbings fined 5 shalbe ffyned 5 inks a peece & Edward Gibbons xx8 for m'ks a peece. abuseing themselues disorderly with drinkeing to much stronge drinke aboard the Frendshipp, & att Mr. MafDacke his howse at Winettsem'. discharged, 409.* M'. Alex: Wignall is ffined 5 inks for the like wignaii. a ^ 4-t, >. offence att the same time. It is further ordered that the execut™ of Eich: Garrett shall pay vnto Henry Harwood the some of Deputy Gotin* Mr. Ludlowe M'. Nowell Debts. M'. Pinchon S: Bradstreete J 20 nobles, according to the pporcon that the goods of the said Eich: Garrett shall amount vnto.f It is ordered, that Phillip Swaddon shalbe sett free from his maister Eobte Seely vpon the payem' of x8 to his maister. M'. Willm Gennison is chosen anchient to Capt. M>. Gennison, Ensi. . Pattricke. * This refers to an order of the Geni. Court pnBBed Sept., 163S. t See Winthrop I. 39. OF THE MASSACHUSETTS BAY. 19 A Court of Assistants holden att Boston Septemb' 6th 1631. Pr6ent> It is ordered that Henry Lyft shalbe whipped and The Gottnr ,,,.,, J J ^F Deputy Goom banished the plantacon before the 6th day of Octob' Mr. Ludlowe nexte for writeiug into England falsely & mallitiously M'. Pinchon against the gou)m' & execucon of Justice here.* S: Bradstreete. There is graunted to Mr. GoiDn' 600 ac of land Gou^ winthrop 600 to be sett forth by mks & bounds neere his howse att [acres at J Misticke. , , , Misticke to emoy to him & his heires for euer. It is ordered John Dawe shalbe seuerely whipped for intiseing an Indian woman to lye wlh him. Vpon this occacon it is ppounded with' adultery eithr w"1 English or Indian shall not be punished wth death./ Eef erred to the nexte Courte to be considered of .f [83] M'. Alex: Wignall is ffined 40s. bound to his good behav' & enioyned to remove his dwelling to some setled plantacon before the last of May nexte, for drunkenes & much misdemean' by him comitted att the plantacon where nowe hee dwelleth. A Court of Assistants holden att Boston Septemb' 27th 1631. Present, It js ordered that Sawers shall not The Goiinr Deputy GoOnr Rates. take aboue 12d a scoore for boards if they M'. Ludlowe have their wood felled & squared for them, & not M'. Nowell M>". Pinchon aboue 7" the hundred after 5 scoore to the hundred if 8: Bradstreete. they fell & square their wood themselues. Willm Phelpes is chosen constable of Dorchester. It is ordered that Josias Plastowe shall (for stealeing 4 basketts of corne from the Indians) returne them 8 basketts againe be ffined v1 & hereafter to be called by the name of Josias & not M'. as formly hee vsed to be, & that Willm Buckland & Tho: Andrewe shalbe whipped for being accessary to the same offence, t A Court of Assistants holden att Boston Octob' 18th 1631. „. ^!ec°t' ( It is ordered that if any man shall The Gotfn' I J Deputy Goan' J have carnall copulacon with another mans Cap^Ztt^ m /wifebo oho Engliaho or Indianthey ||both|| M'. Noweii J shalbe punished by death. [This was con firmed the first month 1637 or 1638. §] M'. Pinchon S: Bradstreete. * See Winthrop I. 61. t See Winthrop I. 60, 61. J See Winthrop I. Gl. § This, which appears to have been written by Increase Nowell, is not in the L. copy. 20 RECORDS OF THE COURT OF ASSISTANTS The constable of Eocksbury returnes the receipt of M'. Shep- heards ffine of 5 mks & soe it remaines in his hands to be accomptable for it. M'. Goffin' is to haue 40s of it wch hee pd for ferryeing the watch from Charlton to Boston. It is ordered that Thomas Grayes howse att Tho.- -Grays Marble Harb' shalbe puld downe, & that noe Englishe man shall hereafter giue howseroome to him or inter- taine him vnder such penalty as the Court shall thinke meete to inflicte. 27 censurequare.* 28 It is ordered that there shalbe taken out of the estate of Mr. Crispe & his company the some of xij1 j8 vd & debuted to John Kirman as his pp goods, & after the whole estate to be Inventoryed, whereof the sd John Kirman is to haue an 8th p'te, this to be done with all convenient speede by theis 5 com- ission" or any 3 of them viz'. : M'. John Masters Mr. Eobte Eeakesf M'. Edward Gibbons Epharim Childe Dan" Eynch cyr. « It is further ordered that come shall passe for 1 "'"'"' payem' of all debts at the • cept money or beav' be expressley named. i.ayme payem' of all debts at the vsuall rate it is solde for ex- [84] Att a Meeteing of Assistants att Boston February the 3 1631. P'sent, It was ordered, there should be three scoore Deputy Goon' pounds levyed out of the seiDall plantacons within si'. Ludlowe the Lymitts of this Pattent towards the Capt. Endicott Rate. . m>. Noweii pallasadmg makeing ot a pallysadoe M'. pinchon aboute the newe Towne viz'. : Waterton t viij1 the newe Towne iij' Charlton vij1 Meadford iij1 Saugus & Marble Harb' vj' Salem iiij1 xs Boston viij' Eocksbury vij1 Dorchester vij1 Wessaguscus v: Winettsem' xxx'. Thomas Knower hath bound himselfe in x1 to Knowe'B bond. . make his psonall appearance att the nexte Court to be holden att Boston the first Tuesday in March nexte to answer to such things as shalbe obiected against him./ * This marginal note is in tho handwriting of Edward Rawson. t " Feke " in L. copy. t Sco Winthrop I. TO. OF THE MASSACHUSETTS BAY. 21 A Court of Assistants, holden att Boston March 6th 1632.* 29 It is ordered that noe planter within the Lymitts Present, 0f this Jurisdiccon returneing for England shall carry •Deputy Goan' either money or beav' with him w'hout leave from the : M'. Ludlowe Goun' (for the time being,) vnder paine of forfectinge M*PNoweii *Qe money or beaver soe intended to be transported. M'. Pinchon As an addicon to an order made the 22th of March 1630 it is ordered that if any single pson be not pvided Armour to he °f sufficient armes, allowable by the Capt. or Leif eten's prvided f or by before the 10th of Aprill nexte, shalbe compelled to '"-¦•-•"¦ serue by the yeare with any maister that will retaine him for such wages as the Court shall thinke meete to appoynte. It is ordered that Courts hereafter shalbe helde efDy first Tuesday in eu)y moneth. f It is further ordered that Eobte Coles of Bocks- " ^ ' " bury shalbe fined xx" for being drunke att Charlton in Octob' last, & is inioyned to confesse his fault to the Court, (nowe comitted in extenuateing his offence) the nexte Court & after att the * Gefuall Court. Tho: Knower hath bound himselfe in x' to make his psonall || ap pearance! att the nexte Court to answer to such things as shall be obiected against him. ?t£85] a Court of Assistants holden att Boston Aprill 3 1632.§ _ Resent, Tho: Knower was sett in the bilbowes for threate- The Gottn' V Deputy GoQn' ing the Court that if hee should be punist, hee would i *• Lnal»we haue it tryed in England whither hee was lawfully Capt Endicott . . , M». Nowell punished or not. K'. Pinchon It was ordered, that noe pson w'soeuer shall att S: Bradstreete , any shoote att fowle vpon Pullen Poynte or Noddles , Catching foule , T Ileland but that the s" places shalbe reserved for John -Perkins to take fowle wlh netts. Vpon Eobte Coles confession of his faulte comitted the last Court _ ,in extenuateing of his offence of drunkenes the Court remitted his ffyne \!.& further confession enioyned him the last Court. See Winthrop I. 70, 71, for Meetings Feb. 17 and March 5. ¦f See Winthrop I. 71. J In modern hand. § See Winthrop I. 72. 22 RECORDS OF THE COURT OF ASSISTANTS Sarah Morley is putt as an apprentice to M'. Na- thanaell Turner of Saugus for the space of nyne yeares from this Court for wch tearme hee is to finde her meate drinke & cloathing. The Ileland called Conant's Ileland, with all the ^ lib'ties & previlidges of fishing & fowleing, was de- iiand, or, Gou" mised to John Winthrop Esq' the p'sent Gou)nr for the John winthroT tearme of his life for the fine of forty shillings & att Esq--, Gour. the yearely rent of xijd to be paid to the Treasurer vpon the 25th day of March & it was further agreed, & the said John Winthrop did covenant & pmise to plant a vineyard and an orchyard in the same, in consideracon whereof the Court did graunt that att the end of the said tearme the lease hereof should be renewed to the heires or assignes of the said John Winthrop for one & twenty yeares, payeinge yearely to the GoiDn', for the time being, the fifth p'te of all such fruicts & pffitts as shalbe yearely raysed out of the same, & soe the same lease to be renewed from time to time vnto the heires & assignes of the said John Winthrop with the said reservacon of the said fifth p'te to the GoiDn' for the time being, & the name of the said Ileland was * changed, & is to be called the Gou)nre Garden, pvided that if the heires or assignes of the said John Winthrop shall att any time suffer the said Ileland to lye wast, & not impue the same, then this p'sent demise to be voide. [86] March 6th 1632. t ^ It is agreed vpon by the p'tyes whose names are Charles Toune here vnderwritten By vertue of an order of Court for bounds.TOUDe the appointed* & setting out the bounds of Charles- Towne & Newe Towne, First it is agreed that all the land impaled by Newe Towne men with the necke tberevnto adioyneing whereon M'. Graues dwelleth shall belonge to the said Newe Towne & that the bounds of Charles Towne shall end att a Tree marked by the said pale, & to passe alonge from that tree, by a straight lyne vnto the mydway betweene the westermost p'te of the greate lott of land of John Winthrop Esq'. nowe Go®n' of the Englishe Colony in the Massachusetts, & the " Is" in L. copy. t A similar entry will be found following tho record of 7 Nov. 1632. X "Appointing " in L. copy. OF THE MASSACHUSETTS BAY. 23 neerest p'te thereto of the bounds of Waterton. In witnes whereof wee have herevnto sett o' hands the day & yeare aforesaid. Tho: Mayhewe, Nath: Turner, George Alcocke. [Page 87 is blank. Page 88 contains the record of the General Court May 9, 1632.] [89] A Court of Assistants holden att Boston June 5^ 1632.* P'sent The Court takeing into consideracon Deputy Goon» Thanks- the greate nicy of god vouchsafed to the to. Noweii p™g. Churches of god in Germany and the Pal- to. Ludlowe lattinate g/~ hath appoyncted the 13th day of this M>. winthrop, ju* p'sent moneth to be kept as a day of publique thanks- & Bradstreete. . . ., „ .. . giueing throughout the seuall plantacons.f It is ordered that the goods of the company of hus- Coropa goods Becurd. .-,_-,-,, T -, , -, -r, -n o bandm shalbe Inventoryed by the Beadle, & p'serued here for the vse and benefitt of the said company. «m .„ » , j , It was further ordered that there shalbe 200 ac ZOO acres of land grl loTho: Dudley, of land sett out by inks & bounds on the west side of '' Charles Eyver ouer against the Newe Towne to enioy to Thomas Dudley Esq'. Deputy GoiDn' to him & his heires for euer. . It was likewise ordered that eu)y planter inhabit- «T ing w^in this Pattent shall pay to the Court towards the defrayeing of publique charges xijd for eu>y pound of beav' that hee shall trade for with any Indian within this Pattent or that hee brings into the Pattent haveing traded the same with any f or- raine Indean. Eep. 2074 m_ . . „ Also it is agreed that there shalbe a trucking Trucking houses. ° howse appoyncted in eu)y plantacon whither the Indians may resorte to trade to avoide there comeing to seiDall bowses. Joda«piaiBtow There is a Coiiiission graunted to M'. Pinchon & •""tobeinqurd M'. Maulicke Sen', to make inquiry & to take deposi- cons of the creditors of Josias Plastowe & th[ere] wit nesses, that it may appeare what debts are oweing by him, & soe his estate to be p'serued here till the nexte Court. See Winthrop I. 73, for meeting May 1. t See Winthrop I. 79. I This refers to an order of the Gen'. Court, March, 1636, repealing the firBt order. 24 RECORDS OF THE COURT OF ASSISTANTS [90] A Court holden att Boston July 3 . 1632. p'Bent Capt. Endicott being chosen an Assistant att the Deputy Goon' gen)all Court did nowe take an oath to his place he- Mr. Ludlowe longing, in the p'sence of the Court. M*Ppinchon° It is ordered that Joist Weillust shall haue Mr. winthrop allowed him vl towards his transportacon into his owne m>. Noweii. Country whith'. according to his desire hee hath free leaue to goe. It is ordered that Thomas Dextor shalbe bound to his good be- hav' till the nexte geiDall Court, & fined v1 for his misdemean' & in solent carriage & speeches to S: Bradstreete, att his owne howse also att the geiDall Court is bound to confesse his fault. There is a necke of land lyeing aboute 3 myles J8- 3 di ttsi d* fr°m Salem cont. aboute 300 ac of land graunted to Capt. Jo: Endicott to enioy to him & his heires for euer called in the Indean tonge Wahquamesehcok in English Birch- wood, bounded on the south side with a Eyver called in the Indean tounge Soewamapenessett, comonly called the Cowe Mr. Endicotts farme. ^. ._^ , _ ^ Howse Eyver. bounded on the North side with a Eyver called in the Indean tongue Conamabsqnooncant, comonly called the Ducke Eyver. bounded on the East wth a Eyver leadeing vpp to the 2 form ryvers, wch is called in the Indean tongue Orkhussunt, otherwise knowen by the name of Wooleston Eyv' bounded on the west with the maine land. There is another necke of land, lyeing aboute 3 Sam: skeiton. myles fro Salem cont. aboute 200 ac graunted to M'. Samu Skelton to enioy to him & his heires for euer called by the Indeans Wahquack bounded on the south vpon a little EyV called by the Indeans Conamabsqnooucant vpon the North abutt ing on another Eyver called by the Indeans Ponomeneuhcant & on the East on the same ryv' also there is graunted to M'. Skelton one ac of land, on woh his howse standeth. & 10 ac more in a necke of land abutting on the South ryver, vpon the harb' Eyv' on the north, vpon Williii Aliens ground on the East & vpon M™. Higgensons ground on the west, likewise there is graunted to M'. Skelton 2 ao more of ground lyeing in Salem, abutting on the South ryv' on the East vpon the Maine vpon the west, on Capt. Endicotts ground on the south & on John Sweetes ground on the North. In modern liand. OF THE MASSACHUSETTS BAY. 25 Willm Parks doeth p'mise if S'ieant Bateman Bateman.* comes noe more to satisfie Mr. Pinchon w' shalbe thought meete by 2 indifferent men for 3 leaden waights by him lost, & 12 pre of stockins w"* the said Bateman solde to M'. Pinchon for good ones but pued badd & moath-eaten./ [91] John Smithe is bound as an apprentice with M'. John Wilson for fyve yeares from this Court dureing w"* jDo smith bound to tearme M'. Wilson is to finde the said John Smyth M». Wilson. J meate drinke & appell, & att the end of the said time is to giue vnto him the some of forty shillings. It is likewise ordered that those goods w011 were sent ouer with the said John Smythe shall remaine in the hands of M'. Wilson for w"* hee is to be accountable to those y' sent them ouer. Bryan Bincks & Peter Johnson hath bound them- Bond for Appear- . . . _ , in aDce. selues loynctly & sevDally in x' a peece that they shall . not dept out of the Pattent w^out leave from the Gou)nr & shalhe ready to attend vpon the Court, when they shalbe called to giue an account of their company goods. John Smyth hath likewise bound himselfe in x1 to be accomptable for his companyes goods nowe Inventoryed & remaineing in his hands. M'. James Parker is fined xl8 & bound to his Drunkenes punisht. good benayr tm tne nexte Court for Hg misdemeanr and drunkenes comitted aboard the Virginia shipp. M'. Samu Dudley is fined xl" for the like of ence att the same time. It is ordered that the Capt. & Officers shall take Military officers especiall care to search all peeces that are brought care- into the f eild for being charged & that noe pson w'soeuer shall att any time charge any peece of service w0' bulletts or shott other then for defence of their howses or att co[mau]nd from the capt. vpon such penality as the Court shall thinke meete to inflict, f [92] A Court holden att Boston August 7th 1632. t _. P;Bent» - Vpon further consideracon of Justice to be done The GoOnr r Deputy Goanr vpon the murder of Walter Bagnall & vpon readeing Mr. Ludlowe jre ^Iom those of Plymouthe being written in answer M'. Nowell J ° M'. pinchon of a Ire sent to them aboute it It is ordered that a M'-Wi°tbrop boate shall be sent forth sufficiently manned with * In modern hand. t See Wintlirop I. 80. t See Winthrop I. 82 for meetiDg Aug. 3. See also I. 86. 26 RECORDS OF THE COURT OF ASSISTANTS comission to deale with the Plantacon to the Eastward, & to ioyne with such of them as shalbe willing thereto, for examinacon of the murder of the said Walter Bagnall & for app'hending of such as shalbe found guilty thereof, & to bring the prison's into the Bay it is referred to the Gou)n' to take order herein. It is ordered that the remaind' of M'. Aliens stronge water, being estimated aboute 2 gallands shalbe deliu)ed into the hands of the deacons of Dorchest'. for the benefitt of the poore there, for his selling of it te dyv™ psono tyme's to such as were drunke wtt it, hee know ing thereof. It is ordered that James Woodward shalbe sett in the bill-bowes for being drunke att the Newe Towne. There is iij1 of Knops fine of v1 remitted. It is ordered that the Capt. shalbe mainetained 4. by their seuiall companies. Mr. Willm Pinchon is chosen Treasurer for this yeare nexte ensueing, & till a newe be chosen./ 41 Mr. Jo: Winthrop S: Bradstreete. A Court holden att Boston Sept. 4th 1632. Present, It is ordered that Eobte Shawe shalbe seuerely De^m^Goan' i whipt for wicked curseing sweareing iustifyeing the Mr. Ludlowe , same & gloryeing in it as hath been pved by oath. MrPT«suriC°" f Johl1 Stickland is fined iij1 for his refuseing to M'. Noweii < watch att the Capt. co[mau]nds. Saggamore John gyr pmised against the nexte yeare ||& soe* euer after || to fence their corne against all kinde of cattell. Josuah Barnes is bound as an apprentice to M'. Paine for 5 yeares from his landing for 4' p anil wages and v1 att the end of his tearme to be paid to him by his said maister. It is ordered f Willm Hamon shalbe sett in the bilbowes for being drunke. Mr. Turner is chosen Constable of Saugus for this yeare & till a newe be chosen, & did nowe take an oath to his place belonging. There is order giuen to M'. Tres' to pay 40" to Eichard Waterman for killing a woulfe aboute 2 monthes since in Salem plantacon. ' For" in L. copy. t " Ordered that" in L. copy. OF THE MASSACHUSETTS BAY. 27 [93] There is likewise order graunted to M'. Tresurer Capt-. saiiery.. to pay Capt. Vnderhill & Capt. Pattricke a quart's exhibicon. M'. Feaks Leif t. ~^'- R°Dte Eeakes * is chosen into the place of leifeten' to Capt. Pattricke. Hopkins sent. ^ ^s ordered that Eichard Hopkins shalbe'" seuerely whipt & branded with a hott iron on one of his cheekes for selling peeces & powder & shott to the Indeans. Hereupon it was ppounded if this ofence should not be punished hereafter by death referred to the nexte Court to be determined^) A Court holden att Boston New. Octob' 3 1632. P18131*' M'. Tresurer hath romised to giue xxv1 TheGovJnr Bevertrade. . . , . , , „ Deputy Gottnr tor this yeare for his beav' trade for wch his Mr. Ludlowe ^ 12d in the pound is remitted. M'. Tresur House for It is ordered that there shalbe a howse Mr. Nuweii beadle, &r. 0f correccon & a house for the Beadle built S:' Bradstreete. att Boston w"1 w' speede conveniently may be. Mr Batchiir Mr- Batchel' is required to forbeare exerciseing «ienst. his guifts as a past' or teacher publiquely in or Pat tent unlesse it be to those hee brought with him, for his contempt of Aucthority & till some scandles be removed. It is agreed that the Beadle shall have viij1 exhibicon for this yeare. It is ordered that James Woodward shalbe whipt for runing from his maist' M'. Gibbons, & absenting himselfe from his service, in recom- pence whereof hee shall doe him 6 weekes worke when his time comes out. Edward Burton is fined v1 for his contempt of aucthority in refuseing to come to the Court being sumofid by the GofDn' and 40s for drunkenes . It is ordered that Saugus plantacon shall haue Saugus to build liberty to build a ware vpon Saugus Eyver, also they wear-t haue pmised to make & continually to keepe a good f oote-bridge vpon the most convenient place there. It is ordered that Alex: Miller & John Wipple shall giue iij8 iiijJ apeece to their maister Israeli Stoughton for their wastfull expence of powd' & shott. * "Feke" in L. copy. t See Winthrop I. 88. I In modern hand. 28 RECORDS OF THE COURT OF ASSISTANTS Leifeten1 Aleworth hath liberty graunted him to returne to Eng land by the shipp Lyon. 44 There is 60 ac of meadowe ground graunted to Simon Bradstreet. Simon Bradstreete in the marshe ground against the 60 ncreB Oyster banke where hee shall chuse to inioy to him & his heires for euer. [94] It is ordered that Nicholas Frost, for thefte by 45 him comitted att Damerills Cove vpon the Indeans for ib rroeu'ens. dmnkenes and fornicacon of all w011 hee is convicted, shalbe fined v1 to the Court & xl1 to Henry Way & John Holman, shalbe seuerely whipt & branded in the hand with a hott iron, & after banished out of this Pattent, with penalty that if euer hee be found within the lymitts of the said Pattent, hee shalbe putt to death : also it is agreed that hee shalbe kept in boults by Henry Way & John Holman till his fines be paid, dureing w** time hee is to beare his owne charges. Boston e fittest ^' *s mou§>nt DV gefDall consent that Boston is place for meetings. the fittest place f or publique •meeteings of any place in the Bay. It is ordered that from the 1th of March nexte euy pson shall satisfie for the damages his swine shall doe in the come of another. Tobacco chibited. ^ *s further ordered that noe pson shall take any tobacco publiquely vnder paine of punishm' also that euy one shall pay jd for euery time hee is convicted for takeing tobacco in any place, & that any assistant shall haue power to re- ceave evidence & giue order for the levyeing of it as also to giue order for the levyeing of the officers charge this order to begin the 10th of Novemb' nexte. George Dyar is chosen Constable of Dorchest' Geo: Dyar con- . stable.* for this yeare nexte ensueing & till a newe be chosen & did nowe take an oath to his place belonging. A Court holden att Boston Novembr 7th 1632. pjBent For preservacon of good timb' for more necessary The Gounr vses It is ordered that noe man shall fell any wood for Deputy Goon. paleing but such as shalbe vewed & allowed bv the Mr. Ludlowe J M'. Tres. 46 nexte Assistant, or some whome they shall depute to Mr. Noweii doe the samG) ^13 orc[er not to extend to ground that s: BradBtreete. 1S or shall- be assigned to pticulr psons. * In modern hand. OF THE MASSACHUSETTS BAY. 29 It is ordered that the dif erence betwixte Charles- Towne & Newe-Towne |for ground || shalbe referred to M'. Mau)icke Junr. M'. Alcocke M'. Turner & John Johnson to vewe the ground wood & meadowe, & soe to sett downe the bounds betwixte them. It is ordered that the necke of land betwixte powder horne hill & pullen poynte shall belonge to Boston to be enioyed by the Inhabitants thereof for euer. It is likewise ordered that the Inhabitants of Boston shall haue liberty to fetch wood from Dor chester necke of land for 20 yeares the ppriety of the Land to remaine to Dorchester. Dlffe' betw Ch. & New. referd. 47 Charleatown & Newton.* 48 49 [95] Capt. Traske M'. Conant Willm Cheesebrough & John Perkins are appoincted by the Court to sett downe the bounds betwixte Dorchester and Eocks bury. Ealfe Sprage is chosen Vmpire. There is 100 ac of land graunted to M'. Eoger Ludlowe to inioy to him & his heires for euer lyeing betwixte Musquantum chappell & the mouthe of Naponsett. John Finch is fined x1 for wanting armes for his man & for being absent himselfe from traineing. Henry Lynn is fined x8 for absenting himselfe from traineing. Mr. Mathewe Cradocke is fined iiij1 for his men being absent from traineing dyvers times. It is ordered that the Capt. shall traine their com- panyes but once a monethe. It is further agreed that S'. Eichard Saltonstall shall giue Saggamore John a hogshead of corne for the hurt his cattell did him in his corne. It is ordered that neith' Englishe nor Indeans shall haue any more rewards giuen them for killing woolfes. There is aboute 50 ac of mead ground graunted to John Winthrop Esq' p'sent Gou)' lyeing betwixte Cob- betts howse & Wanottymies Eyver. CoHiitte ab' Dor & Rox bounds. 51 100 ace to M Ludlow. Jn° Finch find. Hen Lin find. 52Capt. to traine hut one a mo. [63?] No reward for kill ing woolues. 54 60 acres mea to Jn" Winthrop, Esqr. In modern hand. 30 RECORDS OF THE COURT OF ASSISTANTS 55 It is referred to M'. Turner Peter Palfry & phry,E8q°0HUm' Eoger Conant to sett out a pporcon of land in Saugus for John Huinfry Esq'. 56 M'. Phillips hath 30 ac of land graunted him 'p* ot' vpp Charles Eyver on the south side begininge att a Creeke a lyttle higher then the first- Pynes, & soe vp wards towards the ware. „ v „ . It is ordered that Eobte Huitt & Mary Eidge Robt Huit sent. shalbe whipt for comitting fornicacon togeather of wch they are convicted. There is iiij1 of Tho: Dexters fine of v1 forgiuen him./ 6th M'ch 1632. It was agreed by the parties appointed by the NewtownTounds. Court g/T That all the ground impaled by Newe towne men, wth the neck whereon M'. Grave[s] his house standeth shall belong to Newe towne, & that the bounds of Charlestowne shall end at a tree m'ked by the pale, & to passe along from thence by a straight line vnto the midway betwixt the westermost part of the Governo™ greate lot, & the nearest part thereto of the bounds of Watertowne.*/ [96] A Court holden att Boston March 4th 1632 J;> p,senti There is administracon graunted to Eoger Lud- The Goanr ^ iowe Esq 0f the goods and chattells of John Knight M.. Ludlowe whoe disceased in Novemb' last. capt. Endicott Tlle Court hath reversed the last act M'. Noweii atiibrt'0 °' against" M'. Batchel' wch restrained him Mr. winthrop, jun from further gathering a Church wlhin this B: Bradstreete ° Pattent. Mr Dexters sent for ¦"•* ^s ordered that Thomas Dexter shalbe sett in the reproaching y» bilbowes disfranchized & fined xl1 for speakeing re- pchfull & seditious words against the Gou)mt here established & findeing fault to dyv'8 w"1 the acts of the Court sayeing * This entry is in the handwriting of Increase Nowell. See also above before the record for June 6, 1632. •f See Winthrop I. 96, 97, for Meeting of Council Nov. 23, and Moeting of Assistants Dec. 4, 1632. OF THE MASSACHUSETTS BAY. 31. Boston & Roi. bounds. this captious goiDin' will bring all to naught adding that the best of them was but an Atturney qjt. 57 It is agreed that the bounds formly sett out be twixte Boston & Eocksbury shall continue, onely Eocksbury to enioy the conveniency of the creeke neere therevnto. Bate for ca t Boston is cessed v1 Charlton iiij1 Eocksbury vj' saiery. Waterton vj1 Newe-Towne vj1 Meadford iij1 for the maintenance of Capt. Vnderhill &xCapt. Pattricke for halfe a yeare. D „ . S'ieant Morris is chosen Ancient to Capt. Vnder ol. Morris, ensign to Cap'. Vnderhill. hill. Thomas Wincall is fined xx" for drunkennes. Present, Edw Convra The Goiinr allow for Deputy GoQmr ferryin Mr. Ludlowe officers. Capt. Endicott Mr. Tresurer 2. Mr. Nowell Agawam 8: Bradstreete plants. A Court holden att Boston Aprill 1th 1633. There is xj8 va allowed to Edward Con verse for ferryeing Officers ouer the Water. It is ordered that noe pson w'soeuer shall goe to plant or inhabitt att Aggawam without leave from the Court except those that are already gone vz. : M'. John Win throp Jun' M'. Clerke Eobte Coles Thomas Howlett John Biggs John Gage, Thomas Hardy Willm Perkins M'. Thornedicke, Willin S'ieant. 3. The price of corne formly restrained to 6s the bushell is nowe sett at liberty to be solde as men can agree. Noddles Ileland is graunted to M'. Sam11 MauJacke to enioy to him & his heires for euer, yeilding & paye- ing yearely att the gefDall Court to the GoiDn' for the time being eith' a fatt weather a fatt hogg or xl9 in money, & shall giue leave to Boston & Charles-Towne to fetch wood contynually as their neede requires from the Southerne pte of the s'1 Ileland. [97] It is agreed that M'. || William || Blackestone shall haue 50 ac of ground sett out for him neere to his howse in Boston to inioy for euer. Ezekiell Eichardson is chosen constable of Charlton for this yeare nexte ensueing & till a newe be chosen. 50 Nodles Island grted to M'. Mauericke on rent. 50 acre to M Blackston. 32 RECORDS OF THE COURT OF ASSISTANTS It is ordered that if any swine shall in fishing time come within a quarter of a myle of the stage att Marble Harb' that Damage by swine. ^ ^^ forfected tQ the ownerS 0f the Sd Stadge & soe for all other stadges within theis Lymitts. It is ordered that Joyce Bradwicke shall giue vnto Alex: Becke the some of xx", for pmiseing him marriage wthout her joyc Bradwick ffrends consent & nowe refuseing to pforme the - fined 20. "- " same. John Sayle being convicted of fellonyously takeing away corne & fishe from dyvers psons the last yeare & this, as also clapboards g/- is censured by the Court after this manfD: That all his 61 estate shalbe forfected out of w* double restitucon shalbe made to those whome hee hath wronged shalbe whipt & bound as a serv' with any that will retaine him for 3 yeares & after to be disposed of by the Court, as they shall thinke meete. John Sayle is bound with M'. Coxeshall for 3 yeares for w* hee is to giue him 41 p anrD : his daughter is also bound w"1 him for 14 yeares. M'. Coxeshall* is to haue a sowe w01 her, & att the end of her time hee is to giue vnto her a cowe ealfe. [Page 98 is blank. Page 99 has the record of a General Court May 29, 1633.] [100] A Court holden att Boston June 11th 1633. Present, It is ordered that Willm Dixon shalbe TheGoQnr Dixon in bil- „ , ... „ ,. , . , . Deputy Goan' boes. sett in the bilbowes for disordering him- Mr. Ludlowe selfe with drinke. Mr Tres* to. Noweii I* is likewise ordered that John Pern- Mr. Coddington eent_ ' erton shalbe whipt bound to his good be- ^TadsT/eeL haV, & enioyned to make his appearance att the nexte Court for comitting f ornicacon with Eliz: Marson. John Webb is sett at liberty from his maister Willm Parks. There is leave graunted to Tho: Sellen to plant att Aggawam. The 19th day of this moneth is appoyncted to be kept as a day of publique thanksgiueing throughout the sefDall plantacons, £/".$ * " Coggeshall" in L. copy. t In modern hand. t Seo Winthrop 1. 104. § These ehorthnnd words, which are in the margin of the original record, may be con- jecturally rendered aa follows : — Gi[ve] out call eoon. G[ive] on[e] to [ ]. OF THE MASSACHUSETTS BAY. 33 [101] A Court holden att Boston, July 2 1633. M'. Endicott being chosen an Assistant att the GefDall Court did nowe take an oath to his place belonging. M M'. Ludlowe M'. Tres' & M', Nowell are chosen as comittees to take an aceompt of the debts due to the Gou)n' & to certifie the same att the nexte Court that they may be discharged. It is ordered that there shallbe CI" H1501!! giuen to the Gou)n' for f this present yeare towards his pub lique charges & extraordinary expences(£) Eobte Allen is fined vs for absenting himselfe from Court being sumoned to be there as a wit nes g/-. James White is fined xxx" for drunkenes by him comitted att Marblehead on the Sabboth day. John Bennett is fined xs for being drunke att Marblehead. It is ordered that noe pson shall sell either wine " or stronge water without leave from the GoiDn' or Deputy GofDn'. this order to take place a fortnight hence & after the Constable of the same plantacon hath published the same, & that noe man shall sell, or (being in a course of tradeing) giue any stronge water to any Indean. It is ordered that if any corne fence shalbe by the inhabitants of the Towne iudged insuficient, & the owner thereof forbeare mending of it more then (13)^2 dayes after wameing giuen, the Inhabitants shall mend the said fence, & the corne of the owner of the said fence shalbe liable to pay the charges of the mending thereof. Mr. Woolridge & M'. Gibbons are appoyncted to Joyne w'h M'. Graues & M'. Geneson§ to Inventory the goods & chattells of Alex: Wignall. It is ordered that the ground lyeing betwixte the North Eyv' & the creeke on the north side of Mr. MaiDacks & soe vpp into the Country shall belonge to the inhabitants of Charlton. Present, The Gottnr Deputy GoOnr Mr. Ludlowe Mr. Endicott Mr. Tresr Mr. Nowell Mr. Coddington Mr. Winthrop S: Bradstreete. [Rat: 15011.] Govt, salary.* Rob' Allen find. James White fined. Jn° Bennet find. 65Non to sell wine, &c. w»i" licenc. Fen: to pay damage in case. Alexr Wignalls goods to be in ventoried. 6T Charle Towne liberty. * In modern hand. t See Winthrop 1. 105. t " For" omitted in L. copy. § " Gennison " in L. copy. 34 RECORDS OF THE COURT OF ASSISTANTS Order is giuen to the Tres' to deliu) to Leifeten' Mason x' for his voyage to the Eastward, when hee went about the takeing of Bull. There is demised to Tho: Lambe of slate in slate Ileand 10 poole towards the water side & 5 poole into the land for 3 yeares payeing the yearely rent of ij" vjd Administracon is graunted to M'. Mayhewe of the goods & chattells of M'. Ealfe Glover disceased cyr. It is ordered that it shalbe lawf ull for any man to kill any swine that comes into his come, the p'ty that owes the swine is to haue them being kild. & allowe recompence for the damage they doe g/~. [102] Lef1 Mason recompd. 68 Tho: Lambs liberty.69 Ralf Glou" good admrm on. Swyne maybe killed. Present, The GoQnr Deputy Goflmr Mr, Ludlowe Mr. Tresr. Mr. Nowell Mr. Coddington Mr. Winthrop S : Bradstreete. Woolrd find. Cartbridg. A Court holden att Boston August 6th 1633. M'. John Woolridge is fined l3 for distemping himselfe wlh drinke aboard M'. Graues his shipp. It is agreed that there shalbe a suffi cient cartbridge made in some convenient place ouer muddy riuer & another ouer Stony ryver, to be done att the charge of Boston & Eocksbury. M'. Coddington M'. Colbran & M'. Samford are chosen to see it done for Boston, M . Tres' Jehu Burr & John Johnson for Eocksbury. It is further ordered that if any ram goate be found Ram oats restreined amongst Ewe goates betwixte the first of July & 10th of Novenib' it shalbe lawfull for any man to sease on him before witnesses, & to convey him to some safe place till the said 10th of Novemb' & then halfe of him is to goe to the publique & the other halfe to the p'ty that seases on him this order to take place on thursday nexte. A Court holden att Boston Sep' 3 1633. John Shotswell is fined xl9 for dis temping himselfe with drinke att Aggawam. Eobte Coles is fined x1 : & enioyned to stand w"' a white sheete of pap || on his back || wherein a drunkard shalbe written in greate Ires, & to stand therew"1 soe longe *ios? irrebem, The Goum* Bhatewell Deputy GoiJn» find. M>. Ludlowe M>. Tree' Rob' CoIcb M>. Nowell find for Mr. Coddington drunkeneBB. M'. Winthrop Bee p. 107.+ 8; Bradetreete. OF THE MASSACHUSETTS BAY. 35 as the Court thinks meete, for abuseing himselfe shamefully w"1 drinke intiseing John Shotswell A wife to incontinency & oth' misdemean'. „ ,, . , It is ordered that the goods of Thomas Walford Walfords goods ° sequestrd.to shalbe sequestred & remaine in the hands of The pay 8 8 tB" Anchient Gennison to satisfie the debts hee owes in the Bay to sexDall psons. There is administracon graunted to Willm Gal- lard & Willm Eockwell of the goods and chattels of John Eussell of Booksbury Dorchester whoe dis- ceased August 26th 1633. Administracon graunted to M'. John Moody of the goods & chattels of Thomas Desbre disceased, & soe to remaine in his hands to be accomptable for 72Russells estat admered. DesbreB estat admrcd. them. By consent of John Dillingham Eichard Wright & Thomas Dexter the dif erences betwixte them are referd to M'. Endicott & Mr. Nowell, & power is graunted them by the Court to "depose witnesses heare & determine the said differences. Capt. John Stone for his outrage comitted in con fronting aucthority abuseing M'. Ludlowe both in words and behaviour ||assalting him &|| calling him a iust as * ||gyr|| is fined C1 & phibited comeing into within this Pattent w'hout leaue from the Gou)m' vnder the penalty of deathQ) It is ordered (according to a former order att the gefDall Court) that eu)y hand (except magistrates & ministers) shall aford there helpe to the finishing of the fort att Boston till it be ended. M'. Palmer is fined xs for absenting himselfe being warnd to serue of a jury. Alex: Wignall is fined x1 for drunkenes quarrel ling breach of an order of Court & contempt of auc thority. Administracon graunted to Willm Stitson of the goods & chattells of Eichard Arnoll of Wenetsem1 dis ceased. There is liberty graunted to M'. John Winthrop Jun'. & to his assignes to sett vpp a trucking howse, vpp merrymak ryver. Differenc. bet. Dilling: & Dexter referd. Sept 3, 1633 [103] Cap*. Jn° Stones sent 73All hands to Boston Fort except, e/"» Mr. Palmer.J Alex^r Wignall find lO'i for dru. quarr. & contempt. Rich: Arnold estat admetd on. Mr. Jn° Win- throp, Ju«-. lib erty, or. " A just a.*t>ti " in L. copy. t See Winthrop I. 111. I In modern hand. 36 RECORDS OF THE COURT OF ASSISTANTS M'. John Barcrofte doeth acknowledge to owe troftTIckns. vnto °r SoiDaigne [the] the King the some of xlu & M'. Sam11 Mau)acke the some of xx1 ey. The condicon of this recognizance is that Jane Barcrofte wife of the said John shall be of good behav'. towards all psons. A Court holden att Boston Octob'. 1th 1633. The GoQnr It is ordered that S'ieant Perkins shall Deputy Gottar M'. Perkins & Mr. Ludlowe Tho: Dexter carry 40 turf[es] to the fort as a pun- M'- Tre8' fined" ishm' for drunkenes by him comitted. M* JTqtppII Mr! coddington also, it is ordered that Thomas Dexter shalbe s: Bradstreete. fined xxs for the like ofence. It is ordered that if any trained sold[ier] shalbe Absent from t»yng. absent from traineing, vpon their traineing dayes haueing lawfull wameing A shall f orf ect vs & that it shalbe lawfull for one of the S'ieants appoyncted by the Capt. of the company to levy : vnles w^in 2 dayes after it be demaunded || vnloa || the p'ty of ending bring a certificate from the nexte Assistant that hee had a necessary occacon to be absent. It is ordered that maister Carpenters, Sawers, Octoor 3, 1633. , ... e.. . ' masons clapboard-ryvers bricklayers, tylars, joyners Workmen wages wheelewrigh[ts] mowers g/- shall not take aboue 2s a day findeing themselues dyett, & not aboue 14d a day if they haue dyett found them, vnder the penalty of v" both to giuer & receau) for eu)y day that there is more giuen & receaved also that all other inferior workemen of the said occupacons shall haue such wages as the Constable of the said place & 2 other inhabitants that hee shall chuse shall appoynct. [104] also it is agreed that the best sorte of labourers shall not take aboue 18'1 a day if thev hare dvett October in, 1633. , ,, . „ , „, . J found themselues & not aboue 8d a day if they haue dyett found them vnder the aforesaid penalty both to giuer & receaver. likewise that the wages of inferior labou" shalbe referd to the Constable & 2 other as aforesaid. m'. Taylours shall not take aboue 12'1 a day & the inferior sorte not aboue 8d if they be dyeted vnder the aforesaid penalty & for all oth' worke they doe att home ppconably & soe for other worke that shalbe done by the greate by any other artificer. OF THE MASSACHUSETTS BAY. 37 (14) Idlenes to be punisht. further it is ordered that all workemen shall 75 worke the whole day alloweing convenient tyme for foode & rest this order to take place the 12th of this p'sent moneth.* It is further ordered that noe pson howse houlder or oth', shall spend his time idely or vnpfitably vnder paine of such punishmen' as the Court shall thinke meete to inflicte & for this end it is ordered that the Constable of eu)y place shall vse spetiall care & deli- gence to take knowledge of of enders in this kinde, espetially of comon coasters vnpfittable fowlers & to bacco takers & to p'sent the same to the 2 nexte assistants, whoe shall haue power to heare & deter mine the cause, or if the matter be of importance to transferr it to the Court. In regard of the many & extraordinary mercyes day of Thanksgiving. w*_the Lor(i hath beene pleased to vouchsafe of late to this Plantacon vz. a plentifull harvest, Ships safely arriued w"1 psons of spetiall vse & quallity cyr it is ordered that Wednesday the 16"1 day of this present moneth shalbe kept as a day of publique thanksgiueing through the seffiall plantacons.f And whereas it is found by comon experience that the keepeing of Lectures att the ordinary howres nowe obserued in the fore-noone to be dyvers wayes p'iudiciall to the comon good, both in the losse of a whole day & bringing oth' charges & troubles to the place where the Lecture is kept. It is therefore ordered that hereafter aU ||noe|| I8 Lecture shall begin before one a clocke in the after- Times for lectures. ° noone. It is ordered that there shalbe 400' t collected out of the seiDall plantacons to defray publique charges vz. — 77 Boston . . 48' OO3 00" Saugus . 36' 00* 00d Eocksbury . 48. 00 00 Salem . . . 28 00 00 Newe-Towne 48 00 00 Wenetsem' . . 08 00 00 Waterton 48 00 00 Meadford . . 12 00 00 Charlton . 48 00 00 Aggawam . 08 00 00 Dorchester . 80 00 00 Sum tot 412' 00 00. * See Winthrop 1. 11 6. t " Plantations &c ." in L. copy. $ £ Jo in the original. 38 RECORDS OF THE COURT OF ASSISTANTS [105] A Court holden att Boston Novemb' 5'h 1633 Present The GoOnr Mr. Ludlowe Mr. Nowell Mr. Tresur Mr. Coddington S: Bradstreete. 80 2. Secret to name & Bumon juryes 14 days Price of come r> p bush.Ordr ab* swyne. It is ordered that when all the planta- cons in the bay hath done 2 dayes worke a peece att the fort, there shall order goe forth to Salem Aggawam & Saugus to send in their money for 3 dayes worke towards it for euy man except magis trates & minister. It is ordered that pees shall be directed by the Secretary to the Beadle, for the warneing of 24 Jurors 14 dayes before the Court to be named by the Secri- tary. It is likewise ordered that corne of the Country shall passe att 6s the bushell till the nexte Court. Further it is agreed that noe man shall giue his swine any corne, but such as being vewed by 2 or 3 neighbors shalbe iudged vnfitt for mans meate. also that euy plantacon shall agree howe many swine euy pson may keepe winter & sumer aboute the plantacon this order to take place 10 dayes hence. M'. Eich: Browne is allowed by the Court to keepe a fferry ouer Charles Eyver against his howse, & is to haue 2d for euy single pson hee soe transports & jd a peece if there be 2 or more. Ensigne Morris is discharged of his place of Ensigne & Mr. Thomas Mooteham chosen in his roome. S'ieant Morris || Stoughton || is chosen Ensigne to Capt Mason. It is ordered that James Pen the Beadle shall haue allowed him by the Tresurer the some of 30' to builde a howse, w* is to be for his vse while hee remaines in the place of Beadle, & after 82 to be disposed of as the Court shall thinke meete. 81 Mr. Rich: Browne allowed to keep a ferry. Ensigne Morris dis charged. [106] Att a Meeteing of iVssistonto & oomo of tho com[ilty] att Boston January 17 Tfcourcg Mr, NowoU Mr. Winthrop OF THE MASSACHUSETTS BAY. 39 Novemb'. 8th 1633. 83 Whereas by order of Court holden in Octob' last Co5odiues to be ^ -yyao.ea 0f WOrkemen were reduced to a certainety •old, not exceeding ° •> 4* per shiiiiiig prfit. in regard of the greate extorcon vsed by dyvers psons of little conscience & the greate disorder wch grewe herevpon, by vaine and idle wast of much precious tyme, & expence of those imoderate gaynes in Wyne stronge water & other supfluities, nowe least the honest & conscionable workemen should be wronged or discouraged by excessiue prizes of those comodityes, wch are necessary .forjiheir Life & comfort: Wee have thought it very iust & equall, to sett order also therein. Wee doe therefore hereby order, that after publique notice hereof, noe psons shall sell to any of the Inhabitants within this Jurisdiccon, any pvision, cloathinge, Tooles, or other Com- odities above the rate of f oure pence in a shilling, more then the same cost or might be bought for ready money in England Vpon paine of forfecting the valewe of the thinge solde (Except Cheese w** in regard of the much hazard in bringing, & Wyne, Oyle, Vineger, & stronge ¦Waters w^ in regard of leakeing may be solde att such rates (pvided the same be moderate) as the buyer & seller can agree.) , And for Lynnen & other Comodities wch in regard of their close ;. stowage, & small hazard, may be af orded att a Cheap rate, wee doe i advise all men to be a ride to themselues, in keepeing a good Conscience assureing them that if any man shall exceede the bounds of moderacon ! wee shall punish them seuerely.* -'|107] A Court holden att Boston March 4th 3434 1633. ; •'; p„„ 84 It is ordered that all the Swamps con- TbeOounr. Swamps free, teyneing aboue 100 ac either belonging to sl&L^di30011'' any 1'0wne or not shall lye in comon for Capt. Endicott any free inhabitant to fetch wood att seasonable tymes sjj'.Tresnrer w^out p'iudice to the inhabitants where the same is, ¦». Nowell r 7 'Jt>. Coddington (that swampe onely excepted lyeing within the Newe- & BradBt"ete. Towne pale towards ihe Bay.) Mv.Dumerrat ^ *s or hauo not advonturod in tho oomon Btooko) that thoy thinko fi[t] to oon- tributo towards tho Soa fort, & if thoy find any avorse to desire the holpo of tho noxto Aoaiotant. & yet if noodo roquiro to acquaint the Court thorow"1. Sayles cens. Twitchells releas. M'. Morris, left. 85Land not to be bought of Ind. wt^ont leaue. Tar lings cens. Mr. Wm Dennison, costable. Ki: W»> fin*. Eich Williams is fined xl3 for drunkenes comitted att Bowmans howse. Willm Cooley is fined 40s" for the like ofence. Tymothy Hawkins & John Vauhan fined xx" a peece for mispending their tyme in company keepeing strong drinkeing stronge water, & selling other contrary to an order of Court. W» Cooley find. Tm° Hauklne & Jn" Vauhan fined * See Winthrop 1. 125. t " Sayle " in L. copy. J " Coggeshall " In L. copy. § This entry 1b evidence that there was a record of the Court of Assistants in civil actions distinct from the record in criminal cases and in matters of an administrative nature. II Tho words in brackets are written in the original in the margin. OF THE MASSACHUSETTS BAY. 41 Allowed to the witnes bound ouer to the Court to giue evidence against them v". [108] Edward Howe is fined xx8 for selling stronge March 4" 1633 water contrary to an order of Court. Edwa How find. It is ordered that Eobte Coles for drunkenes by franchise for drunk- ^im couiitted att Eocksbury shalbe disfranchized, ones, & to weare weare about his necke & soe to hange vpon his outward garm' a D: made of redd cloath & sett vport white, to contynue this for a yeare & not to leave it of att any tyme when hee comes amongst company, vnder the penalty of xl" for the first ofence & v1 the second, & after to be punished by the Court, as they thinke meete, also hee is to weare the D outwards, & is enioyned to appeare att the nexte geniall Court & to contynue there till the Court be ended.* Josuah Harris is bound as an apprentice with Erauncis Weston for 5 yeares from this day his said maister findeing him meate drinke & cloathes. Ensigne Stoughton Tho: Ford & Willm Eelpes & Willm Galard are appoyncted to sett out the bounds betwixte Boston & Eocksbury w0*1 is nowe in dif er- ence betwixte them. Josiah f Harris put aprentice to Fra Weston. Bounds between Boston & Roxbury. t Mistick Wajre to Mr. Winthrop & Mr. Craddock. The Ware att Misticke is graunted to John Win throp Esq' p'sent GofDn' & to M'. Mathewe Cradocke of London merch' to enioy to them & their heires for euer Vpon consideracon of the vsefullness of a move- 87 ing fort to be builte 40 foote wide longe & 21 foote wide, for defence of this Colony & vpon the free ofer of some gentlem lately come ouer to vs of some large somes of money to be imployed that way, it is thought fitt that this matter shalbe moued to such men of ability as haue not borne their p'te in the greate charges of the f oundacon of this Colony & for this end it is desired that eu)y Assistant shall vndertake the busines for treateing with such as are within the Townes where they, dwell & if they see fitt they may desire some other of the Assistants to ioyne w'h them. There is x1 pmised Mr. Steuens for his care & expedicon in this worke to be pd when the worke is finished. * See Winthrop 1. 125. t So in the original. X In modern hand. 42 RECORDS OF THE COURT OF ASSISTANTS [109] March 4 1633. Aprill 1"> 1634. Gyven & pmised. towards the Sea Port M'. Haynes I1 Capt. Turner x1 M'. Coxeall v1 Eich: Wright 4 inch plancke . 400 John Chapm 4 inch planke . 300 M'„ Aspinwall ...... Is John Johnson xx8 M'. Nowell - iij1 Frauncis JohnsOn .... xl8 Josuah Hewes xx3 James Pen xx8 M'. Willm Dennison .... xl3 M'. Harding iij1 M'. George Alcocke .... xls M'. Israeli Stoughton to be pd within 9 or 10 monthes . xx1 M'. John Coggin * . . . . v1 Tho: Eeade xx" M'. Parker of Eocksbury . . Is M'. Dinner xxx1 Phillip Tabor, 4 inch plancke . 200 Garrett Church, 4 inch plancke, 200 M'. John Wilson iij1 1441&1100 4inchpl. [Page 110 is blank.] [Ill] A Court holden att Boston Aprill 1th [1634.] 88 There is a thousand acres of land & nan- dTu. greate p[ond] f graunted to John Haynes Esq' fyve hundred ac graunted to Thomas Dudley Esq' Deputy Gou)n' [three] hundred to M'. Sam11 Dudley & two hundred acres [M'.] Daniell Dennison all lyeing & being aboue the falls [on the] Easterly side of Charles Eyver to enioy to them & [their] heires for euer. * " Cogan " in L. copy. t These places on piu Kicha Cornish. „: wyves psonall appearance att the Court X in Octob' [next] to answer to such things as shalbe obiected against her. *" Cogan " in L. copy. t See Winthrop 1. 137. X " To be holden " in L. copy. 48 RECORDS OF THE COURT OF ASSISTANTS Frauncis Godson hath bound himselfe in x1 for his psonall appearance att the Court to be holden in Octob' nexte to answer for breach of an order of Court feF in take ing to greate wages Fyr Sam" Hosier chosen & sworne Constable of Waterton. It was ordered that Katherine Gray shalbe whipt for her filthy & vnchast behav' wm Thomas Elkyn. Eich Hitchcocke hath bound himselfe in xx1 to make his psonall appearance att the Court to be holden the first tuesday in Octob' nexte to answer to such things as shalbe obiected against him. j It was ordered that such moneyes as Shalbe layde out for the mainetenance of Widd : Bosworth & her famyly shalbe payde againe by the Treasurer. Whereas it was made knowen to the Court that Eobte Way was lawfully assigned by Ensigne Genni son to Edward Burton it was therefore ordered that the said Burton shall keepe the said Way according to covenant. John Humfry Esq'- & M'. Increase Nowell was desyred by the Court to take deposicons of the wit nesses of M'. Aspinwall in a case betwixte S' Willm Brewerton * Ba[r'] & the said M'. Aspinwall. Fra GodBon find. Sam: Hosier, consta. Katbe: Gray to be whip', e/~. Ri: Hitchcock bound ouer to y« Court. Widdo Bozworth* prouission. Rob' Way to abide w"» Edw* Burton. Mr. Aspinwalls oath to be taken, e/~. [Pages 122 to 131 contain the General Court record for Sept., 1634. 132 is blank.] Page [133] Pr6ent The GoQnr Deputy GoUnr Mr_. Winthrop Mr. Haynes Mr. Endicott MT. Pinchon Mr. Nowell Mr. Winthrop Jur -Mr. Bradstreete. Att a Court, holden at Newe Towne, Octob' 6th, 1634. It is ordered that Ensigne Jennison nisongDe e° shalbe fyned the some of xx1 for vpbrayde- ing the Court with Iniustice, vttering theis words I pray god deliuer mee from this Court profess ing hee had way ted from Court to Court & could not haue iustice done him — ryr. It is ordered that Leiueten' Feakes,t M'. Eich: Browne M'. Pendleton & Epha- rim Childe shall take an Inventory of the Craford lately disceased & returne the H"\ Crnfords goodb iuveuio. goods & chattells of Mr. same into the nexte Court. " BreretOD " in L. copy. t " Fete " in L. copy. OF THE MASSACHUSETTS BAY. 49 It is ordered that Mr. Hull, Willm Gallerd* mchardVco^e0!' Eltweed Pumery M'. Willm Hill & M'. Willm Haythorne shall haue power to heare & determine the seu)all trespasses that hath bene done, by the swine of seu)all psons, in the corne of Thomas Eichards, as also for the charge hee hath bene att in keepeing his come & for other charges incident therevnto. Clem' Briggs is fined xs for intertaineing an forTntge Indian" Indean without leaue & is enioyned forthwith to dis charge himselfe of him. „ „ , „ John Kirman tooke oath hee was sumond by Kir[kjmans dafng. , ^ Eich: Kent to appeare this day att the Court to answer him in an accon of trespasse & nowe psecutes not, soe the Court hath giuen him x3 damage. jn„ Lee8 oen9 for It is ordered that John Lee. shalbe whipt & fyned reproaching y= xl'f for speakeing repchf ully of the Gou)n' sayeing hee was but a Lawer's clerke, & what vnderstanding hadd hee more then himselfe, also taxeing the Court for makeing lawes to picke mens purses, as also for abuseing a mayde of the GoiDn's pre tending love in the way of marriage, when himselfe professes hee intended none, as also for intiseing her to goe with him into the corne- feild cyr. Samu Hall is fined vs for drunkenes by him drunkHa11 fiDd f°r comitted a shipboard himselfe freely confessing his ofence. Eich: Lambert hath forfected his bond of x1 wch forfeUedbert8b°nd b°UIld Mm *° aPPeare att this Conrfc- And & ™ ordered that Beniamin Gilham & Eobte Walker shall haue v" apeece allowed them, being witnesses suiuoned to appeare./ John Humfry, Esq', is deputed by the Court to take deposicons of the witnesses to the will of Willm Payne lately disceased. [134] Vpon a Complaynt of y° Saggamore of Aggawam .„ , for hurte done in his corne by the Swine of Charlton, AgawaroB damag. J ' by charis Towne it is ordered that M'. Nowell shall heare his wit nesses, & appoynct what satisfaccon hee shall haue, & whoe shall giue it, & to binde ouer to the Court those that refuse payem'. * " Gaylard " in L. copy. t zx changed to xl1. 50 RECORDS OF THE COURT OF ASSISTANTS Att a Court holden att Newe Towne Novemb' 7th 1634. Present The Goflnr Deputy GoGfar M*. Winthrop Mr. Haynes Mr. Tresurer Mr. Pinchon M'. Nowell Mr. Bradstreete. Hen: Brights censure for sweariDg. \ Ens: Rich: Dauen- portsent for, for defacing his coulors. "W™ Knop hound ouer. Seurall, for age, dis miss from trayng. readines att their serv's. Xopr: Grant find for drunkenes 20. P» of Jn°Lees fine remitted him. 011inr goods Beqnestred. It is ordered that the goods and chat- tells of Christopher Ollyver nowe in the custody of Eoger Williams & Thomas Okam, or the proceede thereof, shalbe sequestred & remaine in the hands of M'. Israeli Stoughton, till the said Christopher Olyver shall satisfie such debts as are due from him to M'. Israeli Stoughton &; John Hoskins, Sen'./ It is ordered that Henry Bright shalbe set in ye Bilbowes for swearing. It is ordered that Ensigne Damford shalbe sent for by war' with comaund to bring his col's with him to the nexte Court as also any other that hath defaced the said col'slS) Willm Knopp is bound in x1 to appeare att the nexte Court & to abide the sensure of the Court for sweareing./ M'. John Beniamin, Willm Pan[t]ry & Henry Goldston are (by reason of their age & infirmities) dismissed from traineing onely they are to haue in all tymes sufficient Armes for themselues besides for Christ: Graunt is fined xxB for drunknes by him comitted./ There is 30' of John Lee his fines of xl1 remitted him./ ConB'b. And. [135] Att a Court holden att Newe Towne March 3 1634(£> The constable of Dorchest' is fined xx" for not retorneing his war' for the last. Levy into the Court. The constable of Boston is fined the some of xx8 for ye like. It is ordered that Euth Lockwood Present, The GoQnr Deputy GoQnr Mr. Winthrop Mr. Haynes Mr. Endicott Mr. Tresur Mr- Pinchon Mr. Nowell S: Bradstreete. Lockwoods writings. widcl shall bring all the writeings that her husband lefte in her hands, to John Haynes * See Winthrop I. 146. t See Winthrop I. loO, for Meeting of Assistants Nov. 27, 1634. See also I. 154, for Meeting of Ministers Jan. 19, 1634-5. OF THE MASSACHUSETTS BAY. 51 Esq'. & Simon Bradstreete on the third day of the nexte weeke, whoe shall detaine the same in their hands till the nexte. Court, when they shalbe disposed of to those to whom they belonge. Edmond Hubbert Sen', chosen constable of Charl- Edlw:] Hubbard, , j. ,, . „ , .,, , cons-hie. ton ±or tnis year nexte ensuemg & till a newe be chosen. It is ordered that the goods & chattells of Mra- gtodftTbe'in'v'enTo. Ann Looman shalbe Inventoryed by 3 or 4 of the freemen of Eocksbury & retoumed into the Court in Aprill nexte. M . Pinchon is desired to appoynct the men that shall doe it. i j Whereas John Stanley dyed intestate in the Way diuided°& setied *° -^ewe England, & lefte three children vndisposed of, the yongest whereof is since disceased haveing also lefte an estate of cxvj1 in goods & chattells g/~. It is therefore ordered with the consent of Thomas Stanley brother to the said John disceased, that hee shall haue |[ forthwith! the some of lviij1 of the sa estate putt into his hands, in consideracon whereof the said Thomas Stanley shall educate & bring vpp John Stanley sonne of John Stanley disceased, findeing him meate drinke & appell, till hee shall accomplishe the age of xxi yeares & att the end of the said tearme shall giue vnto the said John Stanley the some of fifty pounds./ Also it is further ordered with the consent of Tymothy Stanley another brother of the aforesd John Stanley disceased that the other lviij1 of the aforesaid estate shalbe putt into the hands of the said Tymothy Stanley in consideracon whereof the said Tymothy shall educate & bring vpp Eueth Stanley daughter of the afores'1 John Stanley disceased findeing her meate drinke & appell, till shee shall attaine the age of one & twenty yeares, & att the end of the said tearme or att the day of her marriage with Tymothy Stanleyes consent, shall giue vnto the s'1 Euth Stanley the some of thirty pounds, pro vided -if eyther of the said children shall dye before the expiration of the said tearmes, then the p'ty whoe kept the said Childe shall stand to the order of the Court for payeing soe much to the survyveing childe as the Court shall appoynct. ' / [136] It is ordered that Eich: Cokar shalbe whipt here this day, „.„„,„. & on the fifth day of the nexte weeke att Boston, for March 3. 1634. J intiseing seu)all psons, that were servants, to run away tob^whTV611'' t0 the Dutch planta5on & t0 steale dyv" tMnSs t0 carry with them./ 52 RECORDS OF THE COURT OF ASSISTANTS „ - Also it is ordered that Sam11 Johnson shalbe Sam: Johnsons sent. whipt for the like offence. It is referd to John Humfry & John Endicott Esq', to heare & determine all matters of difference concemeing the estate of Willust disceased, w011 is betwixte any that layes claime to any p'te thereof./ [On pages 137 to 145 is the record of the General Court 4 March, 1634-5.] [146] Att a Court holden att Newe Towne Aprill 7th 1635. Preaent It is referd to John Haynes Esq'. & M'. Eobte The GoQnr. J * Deputy GoQnr. Feakes * to audit the accompts betwixte Edward Howe M'. winthrop & "Willm Knopp, to sweare witnesses, & examine them Mr. Haynes . Mr. Tresn'. what they can say in the case, & to make returne Mr. Pinchon thereof into the nexte Court. s/BradsUeete. Ens. Genisons Ensigne JennisOllS f ine of XX1 is re fine remit, mitted him vpon his submission & ac- knowledgem' of his ofence. It is ordered that Nahanton shall giue two skins Nabaton find 2 of he&yi tQ Mr_ Blackestone, for damage done him in skins bevar. ° his swine by setting of trapps cyr. Further it is ordered that Cap'. Traske shall pay to John Kirman, out of the estate of the Company of husbandm the some of foure & twenty pounds, eleven shillings & fyve pence being the remainder of the eight pte of the said estate, wch was by order of Court gyven the said John Kirman Provided if hereafter it shall appeare, that there is not soe much due to ye said John out of the said 8lh pte, that then hee shalbe accomptable for the same. It is refered to f the church of Waterton with Lockwood estate. , r t-» v , -r -i -, the consent ot Route Lockwood execut' of Edmond Lockwood disceased, to t dispose of the children & estate of the said Edmond Lockwood (gyven to them) to such psons as theythinke meete, as also to tako an accompt w0'1 if they pforme not within foureteene dayes, it shalbe lawfull for the Gou)nr. John Haynes Esq'. & Simon Bradstreete to dispose of the said children & estate as in their discrecon, they shall thinke meete, as also to take an accompt of the said Eobte Lockwood, & giue him a full discharge. ' ffoko In L. copy. t Ordered that in L. copy. J May in L. copy. OF THE MASSACHUSETTS BAY. 53 It is ordered that Griffin Mountague shalbe sett in Mounta^ues censu: the bilbowes, for stealeing boards & clapboards from M'. Wilbore & is enioyned to remove his habitacon from Muddy Eyver before the nexte geiDall Court vnder the penalty of v1. Willm. Swifte promiseth to gyve xx* towards the cure of his late servant being infirme & lame. It is referd * to Mr. Tresurer & M'. Pinchon to examine & prepare the business betwixte M'. Coxeall [&] Sayles his daughter & John Levens & to returne the same into the nexte Court. Ordered that John Heward t shalbe whipt for Hewards sent. swearemg & stealeing. The lyne betwixte Eocksbury & Newe Towne t is Th line betwixt layde out to run south west from Muddy Eyver, neere Eoibury & New that place wch is called M'. Nowells bridge, a tree being marked on foure sydes & from the mouthe of the ryver to that place, the southe syde is for Eocksbury & the north syde for Newe Towne t by mee p Wills Jennison. [147] Willm Colbran John Johnson & Abraham Palmer being ap poyncted by the geivall Court to lay out the bounds betwixte Waterton & Newe Towne + did make this returne into the Court. — It is agreed by vs whose names are here vnder- Bounds betwixt written, that the bounds betweene Waterton & Newe New Towne. Towne shall stand as they are already from Charles Eyver to the greate freshe pond & from the tree marked by Waterton & Newe Towne on the south east syde of the po[n]nd§ ouer the pond to a white poplar tree [on the norwest syde of the pond, & from that tree] H vpp into the Countiy norewest & by west, vpon a straight lyne by a merydian compasse, and further that Waterton shall have one hundreth rodds in lenght above the Weire, & one hun- ,dreth rodd beneath the weire in lenght, & threescoore rodd in breadth from the Eyver on the southe syde thereof, & all the rest of the ground |.6p that syde the Eiver to lye to Newe Towne. Will™ Colbran John Johnson Abraham Palmer. £7~" ¦ ¦ — — *Itis ordered 8c referred in L. copy. t Hey ward in L. copy. X Newton in L. copy. § Pond in h. copy. 1 These eleven words omitted in the h. copy. 54 RECORDS OF THE COURT OF ASSISTANTS [On pages 148 to 152 is the record of the General Court for May, June and July, 1G35. Page 153 contains lists of freemen 1635 and 1636.] [154] Att the Court holden in June 2 1635. ¦p,„„„, It was ordered that war' shalbe sent P",ent' Perkins bill. . . , The Goanr to Norton to bring into the nexte Deputy Goanr Court bm q£ yl made , Good5i perkins to Thomas Mr. Winthrop J _ Mr. Dudley Wade, yc it may be safely kept till it appeare, to ^!'~nch°1n whome it is due, the money being" gyven, (as the Court Mr. Hough is informed) to Jonathan Wade his brother./ Mr.Dumer Mr Hunifry is fined xs for his absence from ye Mr. BradBtieete. J il J Forfect. Court. „ There is administracon graunted to Eichard Bish- RichJ Kings ° goods admst* opp (in the behalf of his wife) of the goods & chattells on by Rich: f Eichard King disceased./ Bishop. ° i In the cause of the children & widdowe of Edward * Lockwood (the elders & other of - the church of Water- ton being p'sent) & vpon consideracon of the order of court in Aprill last, made in the case,f wch was found not to have bene ob served, because the estate was not computed & apportioned, It is nowe ordered with consent of all ptyes, viz' the Church of Waterton the widd : of the said Edmond lyveing, & the execut', haveing consented to the former order, that the present Gou)n' & the Secretary shall have power to call pties, & witnesses, for findeing out the true estate, & haveing consideracon of the vncertainety of the will, & the debts, & other circumstances, to apporcon the remainder of the estate to the wife, & children, according to their best discrecon, & then the Church of Waterton is to dispose of the elder children, & their peons, as shalbe best for their Christian education, & the preservacon of their estate. It is ordered with the consent of John Cogan sh°p ThunT Jolm Tylley Willm Hill Henry Wulcott, & Humfry Pynney that the arbitrators chosen by them, vz. M'. Willm Haythorne, t Will: Halford, Eoger Williams, & Eich Collicott, shall have full power to make a f inall end of all differences, & ac- compts betwixte the said ptyes, concemeing the shipp Thunder, w0" the Court enipynes them to pforine before this day fortnight & to returne into the nexte pticular Court, what they have done herein, & in the meane tyme all execuSons concemeing the shipp Thunder to be re- * So in the original. t Cause in L. copy. X Hathorne in L. copy. OF THE MASSACHUSETTS BAY. 55 speted. Also it is ordered that' the arbitrators shall have power to examine witnesses vpon oathe./ [155] Att the Court holden att Newe Towne July the 7th 1635. Pre9ent' Steven Terry was sworne Constable of Dorchest1 TheGofflnr • . Deputy Gofflnr for a yeare & till a newe be chosen./ Mr. winthrop It is ordered that Ensigne Jennison Mr. Dudley Lands sold by ° Mr. Tresurer CMckatabutto & M'. Woolridge shall require the Indians Mr. Pinchon Mr. pinchon. tnat were present with Chickataubut when Mr.' Noweii hee solde certaine Land aboute Massachusetts to M'. m--. Bradstreete Pinchon, or knewe what it was, to sett out the sefDall bounds thereof, & to returne the same to the GofDn' be fore the last day of this weeke M'. Smyth & Goodman Wright are allowed to goe alonge with them./ In consideracon of money disbursed by Mr. Henry Seawall for the transportacon of Edward Bosworth & Order to rem- x burse M'. Henry his ffamyly, It is ordered that Jonathan Bosworth sewaii as to shaU to w geawan the some of v1 vpon the 29'" ye Bos [worths] x •* ¦*¦ of Septemb'. nexte, Willm Buckland v1 on the said 29th of Septr Nathanaell || Bosworth || v? Is att the said day & Is more that day twelue moneth, & Beniamyn Bosworth xxx8 on the said 29th of Sept'. & iij1 x" att midsumer nexte, all theis somes to be paide to the said M'. Seawall. Also it is agreed that the forenamed pties shalbe bound one for another for the payment of the said sonles att the sefDall dayes of payem'. Ordered that Erauncis Toby (for misdemean' by y . him comitted) shalbe bound to his good behav', & shall putt in suretyes for the same, or els to remaine in holde./ John Love is fined x" for drunkenes. [156] Att the Court holden att Newe TowneAugust 4th 1635. Present, Willm Gallerd * & Willm Eockwell executo" of De\?0Goo>nr John Russell hath exhibited into Court an Inventory Mr. winthrop of the goods & chattells of the said John Eussell Mr. Dudley fli«pea Holbidge tooke 2s 6d a day of him for 30 dayes worke, Eichard Bulgar 6 dayes Thomas Munt 9 dayes, & James Hawkens 36 dayes, all att 2' 6d a day & soe haue all forfected v* aday according to the order of Court./ M'. Cogan witnessed vpon oath that James Hawkins tooke 25 6d a day of him for 14 dayes. There is x' graunted to John Pyke, for his jn. Pike, allow, as chargeg being brought from Ipsw"* as a witnes against a witnes. ° ° a John Mustlewhite. The Court hath enioyned Willm Wills to pav to W» Willis cens. ... l J Gyles Gibbs the some of xvj3 for fellony by him comitted./ With the consent of Mr. Humfry M'. Hough & Eichard Wright, the dif erence aboute two heifers that Eichard Wright kept is referd to Mr. Winthrop Mr. Dudley & Mr. Nowell, whoe hath power gyven them to examine witnesses vpon an oath & soe putt an end to the diference. It was ordered that Arthur Holbidge shall putt Arthur Hoibidg in surytye for his good behav' for contempt by him comitted, & in the meane tyme to be imprisoned / Ordered that James Hawkins forfects shall forthw"1 be levyed, & sent. h Starvo in L. copy. OF THE MASSACHUSETTS BAY. 57 Jn° Russells nun- cupative will. in case hee hath noe goods, his body shalbe taken & imprisoned till it be payde.* [157] John Eussell merchant disceased att Dorchest' August 26th 1633 & before his death being of a dis poseing vnderstanding, did make his last will, in the presence of M'. John Warham Past' of the church of Dorchest' Tho: Moore, John . Moore, & Tho: Deway in the words followeing or to the same ef ect. Halfe of my estate I giue to the church of Dorchest' & halfe to my brothers Henry Eussell & Thomas Hyatt, except my mans tyme, wch I giue to my man, & hee desired that in the disposeing of his goods to Dorchest', there should be espetiall respect hadd to olde Dorchest' people nameing Goodfn Caping. John Warham This was testifyed vpon the] The m'ke of I Thomas Moore oathes of the said witnesses I The mke of Tho: Deawy O taken in Court Sept' 3 1633 1 John Moore. Present Stor[ey] sent. The G-otfnr. Deputy GoOn*-. M*. Winthrop Scarlet sent. Jf ». Dudley Mr. Tresurer M*. Hough Forfects. M*. Nowell Dixonabond M'. Bradstreete forfeit. M>. Dumer. Att the Court holden att Newe Towne Septemb' 1th 1635.f It was ordered that Andrewe Storyn shalbe whipt for runing from his maist'. Ordered that Eobte Scarlett shalbe whipt for runing from his maister. Willm Dixon hath f orf ected his recog nizance of xx1 ; Edward Converse & James Browne x1 a peece being bound for Dixons appearance att the Court. It was ordered that the goods and chattells of Willm Dixon shalbe attatched & kept safely to satisfie the Court for the f orfect of his re cognizance. Ordered that Eichard Bulgar Thomas Munt James Hawkins & Arthur Holbidge shall pay iij" a peece weekely to the marshall towards the discharge of their forfects. It is ordered that Mary serv' to Mr. Bartholmewe shalbe whipt for runing from her maist' & shall serve him 6 weekes after her terme is ended. * The last four words not in L. copy. t See Winthrop 1. 166, under date Sept. 1,1635; " At this general court was the first grand jury." 58 RECORDS OF THE COURT OF ASSISTANTS There is admstracon graunted to M'. Anthony Mr. Thatcher admstJ Thacher of the goods & chattells of Mr. Joseph Avery estate. °Be Uerr disceased, w* hee is to Inventory & returne the same into the nexte Court, & the said goods are to remaine in his hands till further order be taken the[rein.] [158] An Inventory of the Goods and Chattells of Joseph Avery, disceased. Due to him from John Emery Carpenter 071 00s 00d It: from Eobte Andrewes of Ipswich \ wul> he confesseth to be due & to be V 02 00 00 pd forthw"1 ) It: from M'. Willm Hilton . . . 02 16 00 or a sowe & piggs to that valewe testis Eich: Kent. From Eich: Kent of Ipswch ten bushells of Indean come which hee acknowledgeth. John Emery denyes his debt but Eichard Knight Nicholas Holte & John Knight all three of Newberry can & will testifie & proue it to be due, onely hee was by condicon to pay the said 71 in his worke, wch hee was to doe so [soone] as M'. Auery did call vpon him for it, out of wch said 71 there is something paide in lab' already as hee can make to appeare. f- me Antho[ny] Thatcher. Att the Court Novemb' 3 1635* Preaent It was ordered that the Deputy GotDn' & M'. The GoQnr. Winthrop Sen', shall have power to examine all wit- Mr. PWnthrop','senr. nesses vPon 0dth concemeing an accon of the case M'. Dudley brought by M'. Hough against M'. MavDacke. ^t™ Whereas Thomas Coleman hath con- Mr. pinchon order abi tvacted with S'. Eichard Saltonstall & Mr Hon eh Tho: Cole- _ . - M^Dumcr ' «"">. dyvers other geutlem in England, & here s: Bradstreete for the keepeing of certaine horses bulls Mr. Noweii. & sbeepe jn a gen)aii stocke for the space of three yeares, & nowe since his comeing hither hath bene exceedein°- necligent in dischargeing the trust comitted to him, absenting himselfe * See Winthrop I. 173, John Pratt " questioned " at this Court. For his answer nud the action of the Court thereupon Bee bolow at the end of Part I. — For a court Oct. 6, 1U35, bbo below. OF THE MASSACHUSETTS BAY. 59 for a longe tyme from the said cattell, as .also neclecting to provide howseing for them by reason whereof many of the said cattell are dead already & more damage like dayly to accrue to the said gentlem. It is therefore ordered that it shalbe lawfull for the said gentlem to devide the oates & hay provided for the said cattell amongst them selues, & soe euery one to take care of their owne cattell for this winter. Ordered that John Pease shalbe whipt & bound °b.nt eaBe ° to his good behav' for strikeing his mother M's. Weston, & derydeing of her & for dyvers other mis demean'3 & other evill carriages. There is x8 damages graunted Eobte Coles, to be Rob. coles allow. paid fey Mr_ |£awne, whoe sumoned him to appe att this Court & (gsecutes not against him. Ordered that John Cole shalbe whipt for steale- Jn° Cole to be whipt . _ . . . for stealing. ing a sheete and a pre of shoes. Ordered that Nich: frost shalbe imprisoned till the nexte Court when a tryeall is to passe vpon him , for comeing into this Jurisdicc being formly banished. There is adnistracon graunted to Isabell Sackett Isabell Sncket, ° admst. of the goods & chattells of her husband lately dis- Forfects. ceased./ [it] was lefte in trust ( Sam11 Cole hath forfected xx8 for selling 2 quarts resell0 of beare at ijd a quart, for Um* \ M'. Nowell is fined iij" iiij" for selling wyne./ [On pages 159 to 16t is the record of the General Court for September, 1635, and also a record as to the bounds of certain towns.] [165] Att the Court holden att Newe Towne Octob' 6th 1635. It was ordered that Clem' Cole Peter TheGoOnT Servants rung r-p-]yford gimon Bhd> wmffi Barker,f Deputy Goiinr. Willm Downes, & George Wilby shalbe Mr. Winthrop . Mr. Dudley whipt for runing from their maisters, & for stealeing a Mr. Tresurer boate & dyv's others things with them, as also shall M'. Pinchon J Mr. Hongh giue satisfaccon to the Country for their charges in Mr. Noweii sending to fetch them home, & likewise shall serve 6* Bradstrepte their said maisters twice soe longe att the end of their '"-.'' * This marginal entry was written by John Winthrop 8enr. and refers probably to Mr. Novell's *• wine." See marginal note In xhortband under the date March 1, 1635 (page 61). t Baker in L.copy. 60 RECORDS OF THE COURT OF ASSISTANTS E. A theife punisht. tyme, as they have bene absent from their masters service, by reason of their runing away & for Cole & Byford* the Court will consider of some further punishm' for them./ Ordered that Dan11 White shalbe seuerely whipt & fyned v1 for stealeing a golde ring & a hankerchiue, out of wch fine satisfaccon shalbe made to those that have bene att charges in keepeing him after hee was apprehended./ Whereas Beniamyn Felton hath brought into this Country one Eobte Scarlett a knowen theife, whoe since his comeing hither hath comitted dyvers fel- lonyes g/" as appeareth by his examinacon, It is therefore ordered that the said Scarlett shalbe seuerely whipt & branded in the forehead with a T & after sent to his said maister whome the Court enioynes to send the said Scarlett out of this Juris diccon, & in the meane tyme to be lyeable to satisfie for such damages, as his said serv' shall doe to any pson, & also shall pay xs to M'. Stileman the Con stable for his charges iu keepeing him & bringing of Jaim to the Court./ It was ordered that Eichard Longet shalbe fined v1 for contempt of auethoritie, & for ryveing dyv™ good trees into clapboards, and selling of them from Waymothe Towne, the w^ trees hee was appoyncted to fell for shingles for the fort att Castle Ileland & that the said money shalbe gyven to the Towne of Waymothe towards the makeing of a bridge there./ ¦; With the consent & att the desire of Henry to'pfviulfor MrTed Seawa11 & Ellen his wife the Court *ath ordered that Bewails prouision. his saide wife shalbe att her owne disposeall, for the place of her habitacon & that her saide liusband shall allowe her, her weareing appell & xx1 p ann to be paide quarterly, as also a bedd with furniture to it. ' Josuah Huyest hath f orfect v8 for knyves & iiij9 vjd for a sythe wch hee solde for above iiij11 in the Edward Gyles was fined xl8 for knoweing his | wife carnally before marriage. John Galley was fined xx8 for the like ofence. Forfect. JOBhua Hues. shilling pfitt. Forfects. ' Pyford in L. copy. t Or Louge. Long in L. copy. X Hughes In L. copy. OF THE MASSACHUSETTS BAY. 61 [166] Att the Court holden att Newe Towne March 1th 16351&) It was ordered that all the bills & Rob'Wayser- writeings aboute one Eobte Way shalbe deliu)ed into the Court, & that Ensigne 'Present The GoOnr. Deputy GoUnr, Mr. Winthrop Mr. Dudley Mr. Tresur Mr. Pinchon Mr. Nowell Mr. Hough Mr. Dumer S: BradBtreete. Hosier, & to pay tr Jennison Edward Burton & Sam" Hosier shall pay xxs apeece to Willm Almy, as also that the said Eobte Way shalbe taken from M'. Stoughton where nowe hee is, & putt to the said Willm Almy, & him shall serve till hee hath satisfyed the some of iij1 w"* if hee doe, hee shall pay xx8 thereof backe againe to Sam" Hosier. Whereas in a suite betwixte David Johnson & w». Aimy satis- Willm Almy concemeing one James Ludam sometimes facon from James Lnddam. serv' to either of them there was a iudgem' of v1 graunted to Willm Almy against David Johnson, but upon some consideracon execucon was respited, & nowe by consent of air ptyes, it was agreed that the said v1 shalbe -borne equally be twixte them, that is to say that the widd Johnson shall pay fyve nobles & James Ludam the some of fyve nobles to the said Willm Almy & hee to loose the rest. Eichard Phelpes was fyned xl8 for drunkenes. Anthony Coop f orfected his recognizance of xl1 for nonappance. The dif erence betwixte M'. Dumer & Jehu Burr aboute M'. Dumers swine spoyleing his corne, is by their consent referd to the final determinacon of Willm Parke goodm Potter & goodm Porter. Henry Joslyn gen'. John Pickrin & Nicholas Frost all of Paskataq have forfected their recog nizance of C for not apping att this Court. Grifin Montague forfected his recognizance of xx1 for nonappance. James Ludam was fined [xl8] for drunkenes & it is ordered that Knight the witnes, shalbe pd out of it./ Fine. Eich: Phelp find V>> for drunkenes. Antho Coprs bond forfeited. Differenc between Mr. Dumer & Mr. Burr refe4. Seur bonds forfeited, as H; Jocely, Jn° Pick[ring],&Nick.Frost. Griffin Mountagu forfited his bond, 20. Jaroea Luddam find 40» for being drunk. / .— t «-*" •* >v-<-«7- + [Pages 167 to 174 contain the record of a General Court 3 March 1G35-6. Page 174 has also the following record.] * See Winthrop 1. 175-7, for meetings of the Magistrates Jan., 1635-6. t Shorthand conjecturally rendered : — " Tell the Court about Mr. [Now]ell." See marginal note under the date Nov. 3, 1 635 (page 59) . 62 RECORDS OF THE COURT OF ASSISTANTS Att the Court holden att Newe Towne Aprill 5'h 1636. Vpon the appearance of Nicholas frost att this Present, r . .. TheGoanr. Court, &.his shewemg mst cause whie hee was de- Deputie Goaur. tained from the last Court the sd Nich frost, Henry M'. Winthrop, Senr. . M'. Dudley Joslyn gent. & John Pickrm are discharged ot their Mr. Tresur. recognizance of C & the said Nich: frost hath bound Mr. Pinchon ° Mr. Noweii himselfe in xx1 to appeare att any Court hereatter, Mr. Honghe n smn0rLS to answer to such things as shalbe ob- M Dumer * M'. Bradstreete. iected against him./ Ordered that Willm Shepheard serv' to Willm fTr°TheftP.heard BeDt Sumer shalbe whipt for stealeing victualls from his m'. & beanes from the Indians. Ordered that Willm Perkins shall (for drunkenes w». Perkins sent. & otner misdemean™ by him comitted) stand att the for being drunk, D. . . nexte geniall Court one houre in publique vewe, with a white sheete of pap on his brest, haveing a greate D made vpon it, & shall attend the pleasure of the Court till hee be dismissed. Ordered that George Eopps shalbe seuerely whipt Georg P.opp' sent tobewhiptforstrik- here this p'sent Court, & agame alter some convenient ing his mr, M'. Gar- tyme att Salem, att some publique meeteing there, for strickeing his maist' M'. Garf ord, throweing him downe & spurneing him with his feete being downe, & the Court hath in- treated John Endicott Esq' to see his correccon gyven./ w-.Barkersent.for Ordered that Willm Barker * shalbe whipt for theft. stealeing Bacon cheese eye from Ealfe Tompkins./ [Pages 175 to 177 contain records of the General Court from March 3, 1635-6, to May 25, 1636. From here the original record is in the handwriting of Increase Nowell.] [178] the 7th of the 4th m° @ 1636 A quarter Court held at Boston the 7th of the 4,h M° @ 1636 :"f present John Jobson shipmaster vndertooke & bound the Governor himselfe in a sum sett of 101 to answear for f rancis the Deputy Govr. . M' Tho: Dudley Tobey any damage not exceeding It)1./ 8enl EdW Bendall was fined 40s to the M' liichrd Belling- Ed: Bendall. „ ri A9-. , , ham Comp", & [10s] to the sentry & to returne * Baker in L. copy. t See Winthrop II. 344, case between KlchJ Beggarly and wife for divorce heard by the " Gov ernour and Council and assistants " Juno '2, 1636. X In Assumpsit in L. copy. OF THE MASSACHUSETTS BAY. 63 Mr John naynee Mr Willia Codding ton Mr Eoger Herlack- ingden Mr Richrd Dummer Increase Nowell Mr John Humfrey Mr John Endecot. to prison till hee acknowledg the iustice of the Court, & pay his fine. Hee after acknowledged his sinn, paid his fine, & was discharged./ WhetI J°nn Whitele, Willi: Bayrstow, & Bairstow, Tymothy Wales were censured to be whiped Waies.cens. q stroaks a peece for drunkennes./ John Philips was chosen Cunstable of Dor chester, & tooke his oathe to that place belonging. M' Moses Maverick paid the Gov'no' 40s rent for Nodles Hand. Thomas Miller pylote-, & mate to M' f earnes in Tofirtt1'11" tlle Hecto' was comited for certeine seditious & oppro brious speaches, saying wee are all rebells, & traytors, & hee would iustify it to the Governo" face, & that hee had bene twice at ye Counsell table, & would go againe, & doubted not but to bring some to scourge vs.* Phillip cons'. The 6th Day of the 7th M° @ 1636: A quarter Court kept att Boston. prsent The Governor Deputie Governor Mr John Haynes Mr Richrd Bellinga Mr Willi: Codding- ton Mr Willi: Pinchon Mr John VVinthrope Iunir Mr Roger Herlak- enden Mr Tho: Dudley Mr John Humfrey Mr Richrd Dummer Mr Symon Brad streete Increase Nowell. It was ordered that John Olyver & Eob't Marten should veiwe the land beyond monotoquid ryver, & bring a plot of the same. [Jam]es Clarke & Joane Clarke were accused || suspected || of fornication but no cleare Palmer cOBts gr to him. 15H of Jn° Trumbles 20 fine remitted bim. Rich: Osbornes in junction. Isack Daules to be sent home to his wife in Eng. Binfelld- children, how disposed. goods of the Country./ deceased, the other child being disposed of by the Edward Seale for his beastly drunkennes was censured to bee set in the bilboes till the end of the Court, & then to bee severely whiped. George Munnings was fined 20s" for seling beare & keeping a house of intertainement without license./ Samuell Cole was fined 10s' for selling a quart of beare a[t] 2a, & was licensed to sell such claret & white wine as is sent f [or.] * Wm Kelly in L. copy. t Beuefcild in L. copy. Edw<* Seales-sent. to be whip, for drunk- eness. Geo: Munlngs find for selling beer. Sam: Cole find. 68 RECORDS OF THE COURT OF ASSISTANTS Eob't Longe was fined 10" * for seling a q't of ong n . heare at 2", and was licensed to sell such claret & white wine as is sent for. [198] William Baulston was fined 10s3 for selling a q't Wis Baiston find, of beare at 2d- James Browne was censured for drunkennes to bee cenT" '"*"'""" set two houres in the bilboes vpon the market day at Boston publikely & the said James Browne was fined 40s* for selling strong water to the Indians w'hout license. Beniamin Hubberd was also solemly admonished meonfsh.HUbbUrdad" of his failing for being in Company wth James Browne & the rest, & often drinking of the strong water bottlef w01 them, & not repving them. George Woodward was ordered to give Eich'd Gore? ~Wood^?3rdfl C08ta. Chadwell 6s 8" because hee called him for a witnes from S august $ by warrant. John Kni ht of John Knight of Neweberry was licensed to keepe Newbury, Hcenst. an [ordinary, & give] § intertainement to such asneede. Nicholas Vpsall of Dorchester was "licensed to Dorch. iicenct. ' keepe an ordinary, & give intertainement to such as neede./ Willi: Knop was enioyned vpon paine of 1001 & imprisonment to bring in sureties w^in 8 dayes for his appearance at the next quarter Court to answear what shalbee obiected about his speaches of M' Vaine o' late governo'./ Mr. Sam: Mnurick Mr Samuell Maverick was enioyned to keepe in injunction. his hands of the goods of Eobert Anderson to the valew of 501 starling for his fine, for his contempt offered, & to deliver him the rest of his goods./ The 5"1 day of the next weeke, being the 15th of ivdny °f tb"nk9" this month was appointed to bee kept a Jay of thanks- giveing in the severall Churches./ Willi: Baulston is licensed to keepe a house of intertainement, & is licensed to sell such claret & white wine as is sent for./ *20" in L. copy. f The word bottle not In L. copy. t Lynne in L. copy. § Those three words omitted and the words " houso of" substituted in L. copy. OF THE MASSACHUSETTS BAY. 69 Order was appointed to bee given to the Cunstable old jn^Bayiy'01' & of NeweberlT to app'hend Schooler, Bayly * & dwelling beyond merrimackf to appear at the Court at Ipswich or before the magistrates there, who have power to take further order as they shall see cause. Hen: Kingman, of Henry Kingman of Waymoth is licensed to keepe Weymonth, licehct. a house of intertainement./ [On page 199 and the first part of page 200 is the General Court record of Aug. 1, 1637. The rest of page 200 contains the following record.] prsent The 5th Day of this 7th Month 1637. The quarter Court was adiourned till the 19th theGovnor of this 7th month because of the Synode kept at M^Rteh^BeniTha Newetowne for the setting of things in difference Mr JohnWinthropeiu: amongst VS. Mr Rich: Saltonstal Mr Israel Staughto Increase Nowell The 7th Day of the 7th Month @ 1637. The Generall Courte by the Generall Consent of all present was adiourned to the 26th of this 7th month, & the pticuler Courts in the severall places to bee kept the last Tewsday of the 8th month./ M' George Moxham & M' Tymothy Dalton were made free this 7th day. The 19th of the 7th M°, @ 1637. A quarter Courte held at Boston, & Newetowne because of the Con ference... _ John Williams being indited about the Govrnc Jm yyma ° the Deputy govt. murdr. the death of John HobbeJ confessed that Cot John Endecot hee kmed the said Hobbe so the Jury M' John Humfrey J ' Mr Rich: Beiunghan - found him guilty of murther.§ Mr Israeli staughto- William Schooler being indited for the Mr Rich: Baitonataii ^m 8chj°°Ier death of Mary Scholeelf the Jury found him t w *. formurdr. J increase Noweii. guilty of murthering the said Schoolee.§ , . — _ - * Not in L. copy. T Merrimack river in L. copy. I Hobbey in L. copy. § See Winthrop 1. 211, 321. H Schooley in L. copy. 70 RECORDS OF THE COURT OF ASSISTANTS Mary Osborn acqd. Jn° Hathaway, adulty. Rob' Allen, adult MargaH Seale, adult Mary Osborne the wife of Osborne being indited about the death of her daughter A found* the byll Ignoramus. John Hathaway being indited for adultery was found guilty. Eob't Allen confessed Adultery, & was found guilty. Margaret Seale the wife of Seale confessed adultery & was found guilty. The grandiury men. The Jury of Life & Death. John Holgrave Daniell Eaye Will: Parket Isaack Morrell Jonathan Wade Will: Bartholmew Eich'd Joanes Eob't Harding Samu: Wilboref Henry Kingman Eich'd Adams Edmond Hubberd seni: Thorn: Hamond Abrah: Palmer Brian Pendleton Thorn: Cakebread. Ealph Hudson Samuell jfinch Willi: Curtis Willi: Barsham John Smyth John Holman John Holland Nicholas Vpsall John Geepin Ezechi:§ Eichardson Thomas Squire Eich'd Betscombe. [201] William Brumfeild being examined about theft confesed that hee had stoalen above 51 from his m', & about an elle of cloth, & for his stealeing, ploting to run from his m'. lying, drunkennes, & idlenes was censured to make double restitution to bee branded, & bee severely whiped. George Spencer who received 6s" of the said Brumfeild was censured to make double restitution, & bee whiped. George Barlow for his idlenes was censured to bee whiped. Bromfeilds Bent. Georg Bpencers sent. Georg Barlow sent. * " The Grand Jury found " In L. copy. X Glbones in L. copy. t TarkeB in L. copy. § Elizabeth In L. copy. OF THE MASSACHUSETTS BAY. 71 Jno Hogges Bent. Jacob Smith die- chard. Mathew Bridg acqu*. Mr. Jno Green find & banisht. John Hogges being accused of drunkennes con fessed it, & was fined 31. Jacob Smyth was discharged for want of evidence vpon his imprisonment. Mathew Bridge appearing, & no evidence comeing in against him, hee was quit by pclamation. M' John Greene of new rpvidence was fined 20', & comited vntill the fine of 201 bee payd, & enioyned not to come into this iurisdiction vpon paine of fine, or imprisonment at the pleasure of the- Courte for speaking contemptu ously of the magistrates. Mr j »st ^ Jonn Stretton was fined x1 for lending a gun find, at». to an Indian four dayes. It was ordered that M' Joseph Weld & M' John 338 Beniamin (being authorished) should make sale of M' Gurlings land for satisfaction of the credi- to's in pportion if it come to short, & if an overplus bee, that to remaine in the hands of M' Beniamin. The 23th* of this 7th m° 1637 M' Hugh Peters de- Mr. Rob: Saiton- liv'ed into the court a deed of M' Eobert Saltonstall makeing over all the estate that hee hath, or shall have to satisfy bis Credito's. Gurlings land to be eold. stalls deed for his creditors. [The rest of page 201 and pages 202 to 213 contain the General Court record from Sept. 26 to Nov. 20, 1637.] [214] At a quarter Court held at Newetowne the 5th Day of the 10th M° @ 1637. prsent, the Governor Deputy Govmor Mr Bellingham Mr Herlakenden Mr Staughton Increase Nowell Mr Rich: Brownes satisfactionfor 5» 10 from Curtiss Jesop, ^jr. Whereas there came into this Courte Eich'd Browne of Watertowne on the behalfe of John Wooleot, & William Curtis of Eoxberry, & by mediation of the Court the said Willi: Curtis was willing & did agree to pay vnto the said Eich'd Browne 5. 10s w** hee was indebted to one John Jesop," now out of this iuris diction, in satisfaction of 5. 10" dewe by the said Jesop to the said John Wooleot t this Court doth order that vpon payment of the said 5' 10" by the said Curtis, the said John Woolcot,t & the said Eich'd Browne, & their executo's shalbee alwayes lyable to save harmlesse the 13th in L. copy. t Wolridge in L. copy. X Wollcott In L. copy. 72 RECORDS OF THE COURT OF ASSISTANTS Luke Henbury" sent., for theft, to be whip1, &/T. Hen: Harwood" invento. 368 Joane Draks will & invent. said Willi: Curtis against the said Jesop for the said 51 10s8 till a suffi cient discharge bee oth'wise had from him. Luke Henberry being convicted of theft was cen sured to bee severely whiped, & for runing away./ The inventory of Henry Harwood of Charlstowne was p'sented to this Court being 461 17s 8d * & the debts 41. Edwa Conv'se, Eob't Long, & Eob't Hale were the apraissers. The Inventory of Joane Drake w" a Coppey of her will was presented to the Court being 281 Is 5d. Willi: Cheesbro James Penniman, & Willi: Huet were the appraisers. She gave J of her goods at Boston in N. E. to John N [o] tt,f to her sister Duglas 21, to her nephew to whom shee was a witnes 20s to buy him a bible, the rest of her goods heare in Newe England to Samuell Bellingham, & all [her] goods in ould England shee gave them equally between her two sisters there. the disposeing of these shee leaveth to her m' as executor.' There is 5ss damages graunted George Woodward to bee paid by Willi: Dinely, who sumoned him to appear at this Court, and causing him to attend, did not psecute aga him. There is 13" 4d damages granted Sam: Freeman'to bee paid by John Gay, who sumoned him to appear at this Court, and causeing him to attend w"1 2 wit nesses psecuted not against him. Georg Woodwards costs. Sam: Freemans costs. [215] At a prsent. The Governor the Deputy Govnior Mr Bellingham Mr Humfrey Mr Herlakenden Mr Staughton Increase Nowell. Brlgg bond for his wife. Arthur Warren, for accompa Brigs wif. Jose Faber. quarter Court held at Newetowne the 6th of the First Month® £ff&: t Joseph jfaber being complained of for selling of wine w^out order was find 10s for sellg a gallon. Angell Hollard being p'sented, for a libell acknowledged his fault of himselfe volentarily, & was fined 20s8./ Clement Briggs is bound in x1 for his wifes ap pearance at the next quarter Court the p'sentment of Arthur Warren for keeping Company w'h Clement Briggs wife was found to bee true. * 8J omitted in L. copy. t Natt in L. copy. 1 1637 in L. copy. OF THE MASSACHUSETTS BAY. 73 Lawrence Waters is bound in x1 for his wife's appearance at the next quarter Court.* Leift Howe is bound in 201 to appear at the next quarter Court. The sale of M' Gurlings land by M' Beniamin & Mr Joseph Weld to M' Andrews is confirmed, & appointed to bee layd out by M' Damfort, Mr Cole- bran, and Goodm Bridge./t John Woolrige appearing vpon the inditement of the grandiury confessed his fraude & drunkennes in ould England for w** hee was sharply reproved & seriously admonished./ Christopher Graunt appearing vpon p'sentment for being in company, & drinking more then was con venient was fined 5s./ Henry Bright appearing was dismissed Mullinder appearing was dismissed Nicholas Busbey not appearing an attachment was granted against him to appeare at Boston the 22th p'sent at Boston. John Smyth not appearing attachment was granted against him to appear at Newetowne the 27ttl§ p'sent. Thomas Starr being accused for speaking against the order of Court about swine, & the same pved that hee said the law was against gods law, and hee would not obey it : so hee was comited, & enioyned to acknowledg his fault the 14th at the gen'all Court, & was fined 20', & to give security for his fine, or pay the same before his releasement./ attachment was graunted aga Nic°1T Theale to ap- Attachmt gted ag> pear the 4th [m°.] ifmh70f^.aSEdW: attachment was granted ag* Edward Lambe to appear the 4th m°. attachm' was graunted ag" John Bennet. attachm' was granted aga Philip Deare. Tho: Ewar was chosen Cunstable of Charlestowne, & tooke his oath to discharge the said office god help ing the 24th, first [m°.] Lanr: Waters bound for hie wife. Lef' How« bond App.368 Gurlings land sold. Jn° Woolridg admonish1 for his drunkeneB. Xtopher Grant find 5 for excess, drink ing. Hen: Bright dismis*. Nicholas Busby, an - attach, issue out ag* him. Tho: BmithJ attach* agt him. Tho: Starr find 20 for speaking ag* the law. Tho: Bvar, cons* of Charle T5. * ThiB paragraph not in L. copy. § 22 in L. copy. t John Bridge in L. copy. X So in the original. If Richard in L. copy. 74 RECORDS OF THE COURT OF ASSISTANTS [Pages 216 to 224 contain the General Court record for March and May, 1638.] [225] Qu't Court, 5 : 4: 38. p*eent. The Governor The Deputy Govno* W> Bndecott M> Bellingham M-- Saltonstall M> Stoughton Mr BradBtreete Mr Herlakenden Incr: Nowell. Ric: Colli. Gurlins land. Difference be tweene Mf. Whit. & Mr. "Wooleot re- fferd.to do it w'hin 14 & distinguish leaving to the Edith Pitts ahnsed. Mr. Hen: Se walls beating his wife re ferd to Ipsw. Root Bartlet sent. forswearing, his toungin a cleft stick. Jn° Smith sent. Kath: Cornish admonish1. At A Courte of Assistants held at Cambridge the 5th Day of the 4th M° @ 1638 : being a q'ter Courte. It was ordered w'h the Consent of M" estat. set. Baggerly that the increase Of M' Skeltons Cattle should bee divided according to M' Skeltons will, & that the goods & household stuffe wch belongs to the 3 eldest child'n should be divided by some of the Church of Salem, & coinitted to the Church of Salem./ Eich'd Collicot & John Buslin were fined 6" 8d a peece for absence when the Court sat in the afternoone being Jurymen. M' Willard & M' Spencer are ioyned w"1 oth's formerly appointed about M'. Gurlins land./ M' Eich'd Bellingham, Increase Nowell, & M' Mayhewe are appointed they or any two of them to examine witnesses vpon oathe & to heare & examine all things concerning M' White & M'3 Woolcote,* & dayes, & M" Wooleot is to bring in a pfect inventory, the goods inventoried between his & the Childrens Court to give order about them. Samuell Jackson & Edith Pits did appear, & give in their evidence ag' John Emerson of Scituate about his abusing the said Edith./ Henry Seawall being p'sented by the grandiury for beating his wife is referd to the Court of Ipswich to examine, & hee to appear w'hout any new summons./ Eob't Bartlet being p'sentedT for Cursing & swearing was Censured to have his tongue put in a Cleft sticke. John Smyth of Meadford for swearing being penitent was set in the bilboes.f Katherine vxor Eich: Cornish was found suspi- tious of incontinency, & was seriously admonished to take heede. * Wolcott in L. copy. t This paragraph not in L. copy. OF THE MASSACHUSETTS BAY. 75 Laurenc" Waters wife & others ad monish1. Ncwbery find 6.8. Ips. find 6.8. Lin find 20'. - Charl To find 6.8. Tho: Ewar find 40 for leaning his pitt open. Camb. find 5. Boston traii y«ir prsent. Edmund Hubbard find 40. , Franc Westons wife set in the bilboes 2 howers. Uor«k find 6.8. Rox. find 6.8. Weymou" find 6. 8. Hingh. find 6.8. Newberry was fined yir defects before the 6s 8d, & Court in & hath ciem' Brig wife Clement Brigs -his wife is enioyned not to come compa Arth° Warren. into the Company of Arthur Warren. Willi: Busbey being p'sented for drunkennes it was found the falling sicknes. Laurence Waters Wife was enjoyned to give John finch 18d & Nico: Theale to give Jno finch 18d & Edwa Lambe to give him 2s & lambe was fined 15s 6d for his contempt, & all of them were admonished to avoyde dancing. John Bennet & Philip Deare were referd to Salem for their drunken[es.J / The towne of enioyned to repaire Septemb'. The towne of Ipswich is fined 6. 8d lib'ty till the 7th m° to repair their defects. The towne of Linn is fined 20', & enioyned to mend their wayes before the next Court./ The towne of Charlestowne is fined 6s 8d & hath lib'ty till the 7th month. Thomas Ewar is fined 40s for the leaving his pit, or well open in wch a child was drowned./ The towne of Cambridge was fined 5s* & to p'pare before the next Court. The towne of Boston trav'se their p'sentment./ Edmond Hubberd Senior was fined 40s for leav ing a pit open in w011 a child was drowned./ Erancis Westons wife was censured to bee set 2 houres in the bilboes hear & 2 houres at Salem vpon a lecture day. The towne of Dorchester was fined 6. 8d & hath liberty till Septemb' next. The towne of Eoxberry was fined 6. 8d & hath lib'ty till the 7'h month. The towne of Waymoth was fined 6s 8J & hath lib'ty till the 7th month next. The towne of Hingham was fined 6. 8J & hath a months lib'ty. John Holgrave is referd to Salem./ 76 RECORDS OF THE COURT OF ASSISTANTS Thomas Gray was censured to bee severely whiped, & the former execution of banishment to bee inflicted. John Leg bound in 40' & Willi: Edmonds bound in 40' to bring || carry! their wifes to Salem Court & Eob't Keyes bound in 201 to appear. Eob't Cole was enioyned to pay the witnesses 10s & so was discharged. John Emerson is bound to the good behavio' for twelue months & bound in 40l to appeare at the quarter Court in this iurisdiction the 4th m°. 1639./ George Pye a more * was to remaine w"1 Mr Cradock vntill advise from England, & advise to bee sent to Eye./ Eob't Morgan, Edwa Hall, & Eich: Lambert are referd to Salem./ Tho: Gray to be senly whip1 & banish1. Jn° Leg & W°> Ed monds bonds for yeir wives. Rob' Cole. Jn° Emersons bond. [226] prsent, the Governor the Deputie Govrnor Mr Endecott MT Bellingham Mr Herlakendon Mr Bradstreete Mr Stonghton Mr John Winthrop iuni: & Increase Nowell. Hen: Collens find. Katherin,wife of Sam: finch, whipt for speaking ag' magistB & church'. A Courte of Assistants held atJSqston the 4th of the 7th Month @ 1638 (f) The Cunstables of Cambridg & the Cunstables of Boston are fined 10s8 a peece for not returning their warrants in- time wm the names of the Jury men./ Henry Collens is fined 5s for not ap pearing when hee was called to serve vpon the grand iury./ Katherine the wife of Samuell finch being accused for speaking against the magistrates, aga the Churches, & against the Elders was censured to bee whiped, & comited till the gene'all Court./ Holloway is bound in 20' to appear at the next Courte. John Crosse being warned to appear about his servant Clement Manning who miscarried the said Crosse was discharged. George Horne is fined 10l for distemper w* drinke w* his m'. Willi: Denne vndertooke to see satisfied./ John Smyth bound in 20' to appear at the next Courte./ William South is censured to bee severely whiped, & kept to the Generall Courte./ by whom hee was banished to returne no more vpon paine of death./ * So In the original. Moor? t See Winthrop I, 274, mention of an action agninBt one Gillow at this Court. Geor: Horn find for being distempred by drink. W™ South whipt & banish'. OF THE MASSACHUSETTS BAY. 77 M'. jn° winthro Mr John Winthrope iunior tooke the oath of took his oath. Assistants. The busines of Capt Lovells is referd to M' Eoger Herlak[e]nden & Increase Nowell to examine all things about it both estate & debts./ The Inventory of Edward Wilson, amounting to &e!tlteWil60Q wil1 481 .2° 00d, was delivered into the Court this 4th day of the 7th m0./ by Thorn: Wilson, executor of the afore named Edward, & was received de bene esse./ It was ordered w'h the consent of M' Eich'd jane Drakes legacy Bellingham ' that the said M' Bellingham should de- to Jn° not. ° o liver Willi: Cheesbro for John Nott 61 in satisfaction for his j£ p'te of all the goods & chattels given him by his aunt Joane Drake this to bee 3d p'sently & the said M' Bellingham to bee dis charged thereof vpon delivery of the same. The agreement betweene M' John fiske & his t^eem,t.bletw-Jno brother William made by M' John Endecot, Willi: & W» ffiske. J Hathorne John Woodberry & Jefrey* Massey was approved in Court w"1 the consent of p'ties that the said Jn° shall returne 200' of the estate in his hands to his brother Willi: & Willi: shalbee bound to give vnto his said Brother John, if hee dies vnmarried before hee comes to the age of 24 yeares the sume of 100', & the said Willi: did release to the said John in Court all his Interest in the land./ John Knowles (haveing married the widow of ?^- ._ - . „ ^ Ephraim Davies who was sister to Eob't Bills) was Admstraeon to Rob' r . ' bills estate. granted administration of the estate of Eob't Bills. 'L, „ „ , The will of Silvester Bauldwin was p'sented into Bihies' Baldwins r estate. the court & his. wife Sarah & sonne Eich'd were alowed executors according to the will. (On pages 227 to 234 and part of page 235 is the General Court record for September, 1638. The following Quarter Court record begins on page 235.] A quarter Courte houlden at Boston the 4'h day of the 10th month @ 163S: p-sent, George Walton was fined 10s8 for swearing, & the Governor^ paid it in Court. the Depntie Go: * Mr John Endecot John Kinge, Willi: Beeves, & John Davies ap- M' Richrd saltonstall peai.jnp- were discharged till further information bee M'SymonBrad- r o o streete given about the murtherer they tooke irom the liana. * Geoffrey in L. copy. 78 RECORDS OF THE COURT OF ASSISTANTS m> John winthrop, Eob't Shorthose was comitted for saying if the m' "israeii stoughton magistrate had any thing to say to him hee might increase Noweii. come to him, hee was released binding himselfe in 20' to appear at the next Court, & to bee of good behavio' the meane time. James Luxfoard & Beniamin Hubberd are bound in 10' a peece for the appearance & good behavio' of Eob't Shorthose. The Indian wch had bene kept in prison was released being required to send or Bring satisfaction for the Cowe, or else satis faction should bee taken fro"Na[v]igan* Thomas Hollaway appearing was discharged. John Holgrave being p'sented by the grandiury for drawing wine against an order of Court was declared to have forfeted xl & for caus ing his daughter to deliver a paper to a Jury man out of Court hee was fined xs hee was also by the Jewrye found gilty of contempt, & to have broken the rule of hospitality & the peace w0*1 were remitted him./ Thomas Wilson for takeing above double tole was fined x1 & being p'sented for standing above sixe months exconiunica[te] hee was en ioyned to appeare at the next Courte. Samuell Basse for his contempt was fined 5'./ Eich'd Turner for being notoriously drunke was fined 2'. William Blanton appearing was enioy[n]ed to appeare at the next court f wm all the men that were in the Canooe wtt him, & Aplegate, w* owned the Canooe out of w4 the 3 psons were drowned./ & it was ordered that no Canooe should bee vsed at any ferry vpon paine of 51 nor no Canooe to bee made in o' iurisdiction before the next generall Court vpon paine of 10'. Also order was appointed to bee given to Eich'd Eight J to stave that Canooe, out of wch these psons were drowned. Dorothy the wife of John Talbie being by her owne confession guilty of the vnnaturall & vntimely death of her daughter Difficult Talbye was by the Jury found guilty, & so was condemned to bee hanged.^ William Androws haveing made assault vpon his m'. Henry Cog- gan struck him diverse blowes, & wickedly conspired against the life of his said m'., & not onely so : but did conspire also against the peace, * NaviganBet in L. copy. t These last six words not in L. copy. X Wright in L. copy. § See Winthrop I. 279. OF THE MASSACHUSETTS BAY. 79 & welfare of this whole Comon wefth was censured to bee severely whiped, & delivered vp as a slave to whom the Court shall appoint. [236] John Haslewood being found guilty of severall thefts, & break ing into severall houses was censured to bee severely whiped, & delivered vp a slave to whom the Court shall appoint. Gyles Player being found guilty of severall thefts, & breaking into houses was censured to bee severely whiped, &- delivered vp for a slave to whom the Court shall appoint. John Bickerstaf e was censured to bee severely whiped for comit- ting fornication w"1 Ales Burwoode. Ales Burwoode was censured to bee whiped for yelding to Bicker staf e wftout crying out, & concealing it 9 or 10 dayes. Katherine Cornish is respited vntill the Court the first m°. Attachm' to bee sent out for Ibrooke, & Ealph Smythe. Eob't Abell for want of suf icient witnes was discharged. Clement Brigs was not found gilty of extortion & so was dis charged. - The towne of Waymoth was fined 10s" for defect in their high wayes, & day was given them till the next Courte. The towne of Dorchester for a defective high way was fined 5s9, & had day given them vntill the next Courte. The towne of Boston were fined 10s8 for their defective high ways || & want of a watch house || & day was given till the next Courte. Attachment was to bee sent out for Edward fuller. Henry Webb was discharged for want of sufficient witnes. The Towne of Concord was fined 5s9 for want of a paire of stocks & a watch house. The towne of Watertowne for want of a paire of stocks was fined xs' & had day till the next Courte. Isaack Sternes & John Page were fined 5ss for turning the way about, & day was given till the next Courte. Thomas Cornehill * appearing, & being licensed was discharged. The wife of Josua Verm was referd to Salem. An Attachment to bee sent out for George Eichards. Willi: Ballard huiring no other but such as had lots was dis charged. ;;"¦ John Cogganf was in like sort discharged because those w'* hee hvured were other mens servants./ * CornatI in L. copy. t Cogan in L. copy. 80 RECORDS OF THE COURT OF ASSISTANTS The towne of Cambridge was fined 10s8 for want of a watch house, pound, & stocks, & time was given them till the next Courte. John Bets appeared, & was discharged there being not evidence sufficient to pve his overselling./ The towne of Charles towne was fined 5s8 for want of a watch house, & time was given till the next Courte. John Poole for abuseing his servant was fined 5'.* John Cooper iunior was comitted to his father for correction. f rancis f elmingham & Willi: Pester appearing for want of witnes were discharged./ M' Willi: Goose is respited vntill his returne. Mary the wife of Thomas Oliver for disturbing the Church of Salem was comitted to prison vntill shee should find sureties for her good behaviour & appearance at the A(j> [237] Eichard Geaves & Peter Bussaker for quarrelling and fighting are referd to the Court at Salem. Eich'd Hollingsworth for prophaning the saboth in travelling was censured to bee set in the stocks vpon a lecture day at -Salem./ The towne of Ipswich was fined 10s8 for defective high wayes, & time was given them till the next Court to repaire them./ Anthony Emery was fined 20ss for a pound breach, & enioyned to give Thomas Coleman 138 4d for his charges. Thomas Savory for his grosse lying was referd to the Court at Ipswich. The towne of Neweberry was fined 5ss for want of a paire of stocks, & time was given them till the next Courte to make them. Thomas Terry was enioyned to appear at the next Courte to answear further. An Attachment was granted for Jarvice Mudge to appeare at the next Courte. John Haward being chosen Cunstable for the towne of Dedham did take his oath the 5th 10th m° 1638, Thom: Brooke being chosen Cunstable for the towne of Concord did take his oath the 8th 10Ul m° 1638. 409 A t Ewar was alowed executrix of her husband Thorn Ewar, deceased. An Attachment was granted for John Harrison, gen'. * See Lecbford's Note Book, p. 25. t See Winthrop I. 2S1. X The widow Ewar in L. copy. OF THE MASSACHUSETTS BAY. 81 [238] A Quarter Court held at Boston the 5th day of the first month @ 1638 ox 1639 t John Davies for grosse ofences in attempting The Governor lewdnes w"1 divers woomen was censured to bee se- M^EnXott00'6' verely whiped both heare & at Ipswich, & to weare Mr John winthrope, the letter V vpon his breast vpon his vppermost M- Richrd saltonstall garment vntill the Court do discharge him. Mr Israeli stoughton John Greene dying in the house of Daniell & ncrease Noweii Brewar, administration was granted to the said Br ewar./ Willi: Blanton, Willi: Potter, Eob't Thorpe, Henry Neale, John fitch, & Thomas Aplegate appearing were discharged wtt an admoni tion not to adventure too many into any boate. Thomas Boyse haveing attempted a rape w'h Sara Jusall was cen sured to give the mayde 5', & to bee whiped & imprisoned a time. Willi: Judson appearing was discharged. Isaack Deesbury was comitted & fined 5' for stealing at Pecoit out of w^ the 3 witnesses are to have 5" a peece, & the pseeuto' 10s8. Ealph Smyth appearing was discharged. Eich'd Ibrooke for tempting 2 or more maydes to vncleannes was fined 5' to the country, & 20s8 a peece to the 2 maydes Eebecca Phippen & Mary Marsh. Thomas Aplegate was appointed to have 29ss for his Canooe, when the armes w011 hee borrowed are returned back as good as they were when he borrowed them. James Meadecalfe not being returned from Pascataque M' Samu: Maverick had granted him liberty till the next Court to bring him in./ Edward Saunders being sick at Pascataque Nicolas Davyson had liberty till the next Court to bring him in./ John Hogges,* for swearing Gods foote, & cursing his servant, wishing a poxe of g[o]d take you was find 5':/ John Harrison not appearing a new attachment was granted. Chaulkley the wife of Eobert Chalkley not appearing attachment was granted for her to appear at the next courte. V- Eic'd Silvester was fined 12" for selling strong water, wch hee paid into the Court. Eobert Shorthose was set in the bilboes for sleiting the magis trate in his speaches. * Hoggs in L. copy. 82 RECORDS OF THE COURT OF ASSISTANTS James Ludden had granted his 10s8 against Cutshamache, who warned him to appear, & did not come to psecute./ Edmond Audley is granted administration of the goods of francis Dent deceased vpon the testimony of John Winge, & Sargent Davies,* vpon oath./ An Attachment was granted for John Harrison. An Attachment for Chaulkley, the wife of Eob't Chaulkley. [From page 239 to page 253 is the General Court record for March, May and June, 1639. Page 254 contains lists of freemen for May and June, 1639, and also the first part of the following Quarter Court record.] The 4th day of the 4th month @ 1639 A Quarter Court held at Boston Eich'd Silvester for speaking against „ rent' Mg« omitted? the law about hogs & against a. perticuler the Governor r s the Deputy Gov "w qn" magistrate was fined ten pounds, whereof Mr Endecott -"""-* the three witnesses to have 6s 8d a peece./ Mr Bellingham . . r ' Mr Rich: saitonstaii Henry Laurence was for the p'sent discharged Mr stoughton about c t_ Bonito his servant./ t Mr Bradstreete r ' increase Noweii M' Samuell Maverick being bound in ten pounds for the appearing of James Meadcalfe forfetted his recognisance. M' Nicho: Davison being bound in ten pounds for the appearing of Edward Saunders forfetted his recognisance./ John Stretton vpon evidence of his repentance was freed from his bond to the good behavio' w"1 an admonition./ John Emerson appearing was discharged of his recognisance. Thomas Bushrode haveing warned David Phippen, Joseph An drews, & Henry Coggah to appear at this Court, & himselfe not appear ing to psecute the Court gave iudgment for 10s a peece to bee alowed them, & if payment bee not made, execution to bee grauted them. Samuell Norman was Comitted for want of security, & was cen sured to be whipped, for saying if ministers wch come will but raile against England some would receive them./ [255] Katherine the wife of Samu: finch pmised to go to the ordi nances, & to carry herselfe dutifully to her husband./ * FirBt written Damport. t This marginal entry is in RawBOn's hand. X See Lechford's Note Book, p. 61. OF THE MASSACHUSETTS -BAY. 83 M' John Harrison appearing was fined 10s8 for his former not appearing, & "admonished not to vse gameing./ John Palflin * for was fined 20s8 & vpon his submission hee was remitted 10s, & paid in the other 108. I. N.t John Gibons for was fined 10s by the Governo' Deputy, & Treasurer & paid it (to the Treasurer [oxi])J William Bartlet for distemperedness in drinking & lying was fined 208 by the Governo' Treasurer, & Secretary./ Ellen Peirce was fined 40sh8 for Cursing & wicked imprecations, & to pay the 2 witnesses 2s a peece./ Elisabeth Chaulkley ||of Charlestowne || was enjoyned to give double restitution for the eggs & things w"* shee stoale./ All townes had respit to bring in the transcripts of their lands vntill the nexte Courte./ M' Goouch of Newberry for selling strong water wUlout leave was fined 10s8. ^ pm^o dC 5A^<*= St^^ John Bayly was fined 51 for buying land of the Indians w^out leave w* condition if hee yeld vp the land to be remitted./ Edmond Greenlif e was referd to Ipswich Courte. Thomas Hale § was also referd to the Court at Ipswich./ The p'sentment of Ipswich for defective high wayes was avoyded for want of witnes, & for vncerteinty. - Goodman foster & Henry Archer are referd to Ipswich Court. Daniell Clarke is referd to Ipswich Courte also./ ffrancis Perry is referd to the Court at Salem. i John Elford & Willi: James had respite till the next Courte. The wife of Hugh Burt was fined 40s for cursing & swearing./ Adam Haukes is referd to the Court at Salem./ Edmond Audeley is referd also to Salem./ John Haule *f about correcting his boy was discharged./ Linn was fined 108 for their bad wayes, & to_ mend them by the next Court, & to lay the ferry in a convenient place. Eob't Longe was discharged for want of pufe./ M' John Woolrich & William Bachiler had respite till the next co't. Charlestowne was discharged about Eich'd Lowdens lot./ * Paulflin in L. copy. t These initials of Increase Nowell are not in the L. copy. X These four words not in L. copy. § Hall In L. copy. "I Haul in L. copy. 84 RECORDS OF THE COURT OF ASSISTANTS Thomas Cornehill * was fined 30' for seve ral of ences selling wine w'hout licence, & beare at 2d a quart, hee had warning the 10th 4"1 m°.t Eobert Turner was discharged for want of proofe./ Boston was fined 20s8 for defective high wayes, & enioyned to repair them vpon the penulty of 51 the stocks were ready compleate. The widow Hudson was discharged, her husband being dead./ Eoxberry was fined 10s for darning vp the nearest way from Bos ton to Dorchester & had liberty till the next Court to make the way so as a loaden horse carrying a sack of Corne may passe./ Eoxberry was fined 28 6d for the defectivenes of the bridge at Muddy Eyver & had liberty to amend it till the next Courte. The p'sentment of the bridge at Dorchester . brooke is discharged for want of proofe./ Willi: Dennison & Thomas Wilson had liberty till the next Courte./ [256] Dorchester had liberty to vse Sergent CoUicots house for a watch house./ The p'sentments of Dorchester high wayes & bridges were dis charged for want of proofe./ Nicho: Ellen was fined 40s8 for idlenes & disorderly liveing & had liberty till the next court to settle himselfe./ Captaine Staughton was fined 408 for releasing his man before the expiration of his time./ Waymoth was fined 10s8 for their bad way at the steping stones & were enioyned to amend it by the next Court vpon paine of 51. Thorn: White had 10s8 granted him being a witnes./ M' Waltham & Mr Eich'ds were fined 5s for want of scales & weights in their mill, & to pvide them by the next Courte. M' Waltham was fined 3' for takeing too much tole in some aboue double what was dew, whearof 20s to bee given the witnesses. Ealfe Allen was fined 10" for releasing a servant before the expira tion of his time./ Hingham had liberty to vse their meeting house for a watch house. Hingham was acquited from the p'sentment about Thorn: Turners lot it being but reserved for him./ Dedham was fined 23 6d for want of a paire of stocks./ f erdinando Adams was discharged the p'sentm' not beeing found opp'ssion./ * Cornell in L. copy. t See Lechford's Note Book, p. 55. OF THE MASSACHUSETTS BAY. 85 Willi: fuller, w1* kept the mill at Concord was fined 31 for grosse abuse in overtoaling./ The towne of Concord was discharged the lot * to Eobert Edwards being but reserved for him. Eob't fletcher was discharged being not found faulty./ Concord was fined 58 for want of a watch house. Watertowne was fined 5s8 for want of a paire of stocks, & enioyned to prepare them by the next court, vpon paine of 40s8./ John Gosse for comon railing was disfranchised, fined 201 & comit ted to prison./ Willi: Hamon not appearing attachment was granted for him. Watertowne was discharged of the p'sentm' for the high way to the mill for want of proofe./ Watertowne is fined 10s for the bad way at John Pages, & enioyned to make good the way vpon paine of 51./ Daniell Abbot is departed to new p'vidence./ Cambridg is fined 5s9 for want of a pound./ Cambridg is discharged from the p'sentment about stoping fish it being p'sently reformed./ John Masters having licence was discharged./ Cambridg was fined 108 for defective high wayes, & enioyned to repair them by the next Court vpon paine of 40s8./ Cambrige was enioyned to repair their wayes at long swampe & vine brooke leading to Concord vpon paine of 5'./ The p'sentment of John Chairyes f wife was mistaken ??''' The will of Joseph Harvy wth his inventory was delivered into the Court amounting to forty eight pounds 28 & 9>^d4 The will of M' Abraham Mallows was delivered in ;' ' Mr || John || Beniamin gave in the Account of Eich'd Gurling whereby onely 48 appeareth remaining dew to widow Gurling. [257] a Quarter Court held at Boston the 3th day of the 7th month @ 1639: '" '• P'sent John Stacy iunior for being distempered with Ihe Governor , The Deputy Gov drinke was set m the stocks. M|Endecott Ealfe Warriner was fined 10s for being at exces- M- Bellingham sive drinking at Thorn: Grayes at Marble Heade./ .'.* Of the lot in L. copy. t Cayries in L. copy. t 9^ oB in L. copy. 86 RECORDS OF THE COURT OF ASSISTANTS Mr saitonetaii Nicholas Merry was fined 40s8 for seling strong Mr Winthrope, iuni Mr Bradstreete water. M' stoughton John Neale for runing away and stealing was censured to bee severely whiped, & comitted to his master to bee kept chained./ Eichard Wilson for stealing 8' of money & diverse small things from his m' Samuel Wade was censured to bee put Mr. Wades ser- <.,-,, j? o ¦ , -i vant, Rich: fourth to servise for 3 or 4 yeares except hee can pro- wiison, |>.] eure 10^ aiso hee is to have a T set vpon his vpmost garment, the servise is to bee w"1 his m', if his mr will have him, or else to bee put out by the Countrey./ Eich'd Turner for being drunke was fined 20s8./ Willi: Davies for sondry drinkings at his house was fined 31./ Eobert Penyer is bound in 10' to appear at the next Court. Thorn: Turner & John White are bound in 5' a peece for Peniars appearance. Thorn: Bushrode being accused of defaming the government was Comited & fined 6.138 4d, w1* paying to bee discharged./ Hugh Burt had 20s of his fine remitted him, & pd in 20s8 & is dis charged. Marmaduke Peirce being accused of suspition of murther, & the matter not appearing cleare it was refered vntil the next quarter Court, & the Jewry was enioyned then to appeared Daniell Clarke being found by the Jewry to be an iinoderate drinker was fined 2' whereof 3s8 was paid the Jewry, & the other 37s pd I. N. John Simpson was enioyned to pay Cap' Jeanison 8', & M' Browne 5s8, haveing warned them to appear, & not psecuting./ John Wedgwood for being in the Company of drunkards was to bee set in the stocks at Ipswich./ Eich'd Cooke is. granted 20s8 against Thomas Eobinson for vniust molestation./ Jarvise Mudge appearing A John Pemberton being warned by John Baker to appear at the Court at Boston, & Baker not appearing to psecute, the Court granted John Pemberton 50s" damage./ John Kempe for filthy vncleane attemp[t]s w'h 3 yong girles was censured to bee whiped both heare, at Eoxberry & at Salem very severely & was Comitted for a slave to Leif Davenport/ * See Lecbford's Note Book, p. 139. Also Winthrop I. 31S. OF THE MASSACHUSETTS BAY. 87 Willi: Androws, who was formerly Coroitted to slavery for his ill & insolent Carriage, is released (upon his good Carriage) from his slav ery, & put to Mr Endecott hee pmising to pay Henry Coggan 81, & so Androws is to serve Mr Endecot the rest of his time. Mathewe Edwards for puting his hand vnder a girles Coates was censured to bee whipped. Thorn: Knore for selling a potfull of strong water w^out license was fined 5s8. Nicholas Davison for swearing an oath was ordered to pay 20s8,' w"* hee consented vnto. John Hogg for his drunkennes was fined 10s8. John Kitchen for shewing books w1* hee was comanded to bring to the Governo', & forbidden to shew them to any other, & yet shewed them to other was fined 10s8. [258] John Joanes for defileing his wife before marriage was fined 20ss. John Davies vpon his good Carriage was discharged from wearing the V w^ was 'formerly enjoyned him./ Eich' Silvester had 6' of his fine respited vpon his good behaviour, & hee paid in the other 61./ Thorn: Gray, for being drunke, prophaning of the name of god, keeping a tipling house, & drawing his knife in the Courte, was cen sured to bee severely whiped & fined 51. Eich'd Eedman & Thorn: Warner, for quarelling were fined 5s a peece, & paid it in./ i|s John Lee is discharged of his fine haveing paid 5' formerly Eich'd Perry iunior was granted 51 damages for the long wanting of the 27' wch should have bene formerly pd & was deferred vntill this weeke past, & the trouble about it. Mr Thomas Lechford for going to the Jewry & pleading w*h them out of Court is debarred from pleading any mans cause hereafter vnless his owne, & admonished "not to p'sume to meddle beyond what hee .shalbee called to by the Courte.* [ordered] "William Gutrige t was enioned to take Care of Ales Burwood vntill ;hee may bee lawfully discharged of her. *>¦ ¦ Thomas Millard, Ephraim Pope, francis Gold ||& Thorn: Burkbee|| jbeing watchmen drinking severall times strong water were imprisoned, i.& Biirkbee & were set in the stocks for being drunke. * See Lechford's Note Book, p. 117. t Gurtridge in L. copy. 88 RECORDS OF THE COURT OF ASSISTANTS Edward fuller & Edward Convers were bound in 20' a peece for the appearing of Edward fuller at the next Courte.'/ [On pages 259 to 269 is the General Court record for Sept. and Nov., 1639.] [270] the 31th of the 8th m°, 1639 : A Court held at Boston for small Causes not exceeding 20u except for strangers John Woolrige for his drunkennes was fined ten The Governor pounds whereof 81 was paid mee In: Nowell, & 21 is The Deputy govt jn the hands of M' Coddingtos^ Mr stoughton"11 Eich'd Joanes for his Cheating, was censured to & incn Noiveii. hee whiped, & put to the assigne of the party wronged to make satisfaction for the money w0*1 hee did receive, & hath spent. Edward Convers brought in Edward fuller, & stands bound againe for him to appear at the next Court./ John Johnson is by order of Court freed from training paying ten shillings p annum to the company./ Thomas Marriner (servant formerly to Eobert Smyth) is for the p'sent discharged vnlesse his master hereafter can shew suficient Cause to the Contrary./ Willi: Powell for resisting the surveyar is fined 40s8./ John Clois is admonished to vse his servant Peter Tylls well, or else the said Peter to bee discharged, & to take course, that hee may bee taught his trade of a seaman by himself or others M' Israeli Stoughton being formerly fined 40s8 is discharged of the same it being remitted because hee could not hould his servant have ing no Covenant./ Eobert Penyar appearing his surety was discharged : but an attachment was granted against Penyar for going away vndischarged. Edward fuller & Thomas Sheppe for being distempered w* wine were enioyned to appear at the next Court./ Eichard Penne not Appearing forfected his recognizance of ten pounds./ the 8th Day of the "9th month @ 1639 Thomas Symonds was enioyned to appear at the quarter Court about M' Eatons house, & the Colledge. Eob't Driver was enioyned to appear at the quarter Court./ Abraham Morell was enioyned to appear at the quarter Court./ Tacye for swearing was fined 10s8 wch M' Trerice vnder tooke. OF THE MASSACHUSETTS BAY. 89 prBent, the Governor the Deputy Govr Mr Endecott MT Bellingham Mr Humfrey Mr Saltonstall Mr Winthrope, iu: Mr Stoughton & Incr: Nowell. [271] A Court of Assistants or Quarter Court held at Boston the 3th of the 10th m°, 1639 : M' John Hogges * was remitted three pounds of his fine of five pounds. An Attachment was granted against the wife of Sam: finch for- her appearance at the next Court./ Eich'd Pepper for his extortion was fined 5'./ The towne of Eoxberry for neglect of their order about swine was fined ten pounds : but they are to bee exempted, wd> did endeavo' to execute the order. / .' James Luxford being p'sented for haveing two wifes, bis last mar riage was declared voyde, or a nullity thereof, & to bee divorced not to come to the sight of her whom hee last tooke, & hee to bee sent away for England by the first opportunity, all that hee hath is ap pointed to her whom hee last married, for her, & her children, hee is also fined 100', & to bee set in the stocks an houre vpon a market day after the lecture, the next lecture day if the weather pmit, or else the next lecture day after. ' i M' Samu: Maverick paid in 5' of his recognisance of 10' the other was respited, till it appear whether it may bee recovered from James Meadecalfe. Marmaduke Peirce being indited vpon suspition of murther was found not guilty ; but was bound to the good behavio', & to appeare at the next Court, & to pay the witnesses, & Nico: Davies was bound in 20' for his appearance.^* Elnor Peirce her husband was bound in 101 for her good behavio', & to bring her to stand in the mar ket place the next market day wm a paper for her light behavio'. Quick was appointed to stand in the market place w"1 a paper for her light behavio' the next 5th day. .'?•/ Lewes Hewlet for his extortion was fined 20s8, & was bound over iu 10' to the next Court ||the ¦first month || for his contemptuous speaches./ ,- Jane Eobinson for disorder in her house, drunkennes, & light r'behavio' was censured to bee severely whiped./ * Hoggs in L. copy. t See Lechford's Note Book, p. 139. Also Bee Winthrop I. 318. the Iury which went vpon Peirce Nlcho: Willis Robert Scot John Button J griffin Bowen Willi: Dade Steven Ifosditch James Garret Eobrt Cutler Willi: French Thorn: Brigham ; Rohrt Sanndrs -Rogr Shawe 90 RECORDS OF THE COURT OF ASSISTANTS Margaret Hindersam * was censured to stand in the market place w111 a paper" the next market day, for her ill behavio', & her husband was bound in 51 for her good behavio', & to bring her to the market place at the time appointed for her to stand there./ Thomas Dickerson was censured to bee severely whiped, & con demned to slavery./ Eobert Penyar for his vnclean attempt, & his flying when hee should have appeared was censured to bee whiped./' John Vaughan is to appear at the next Court./ Isaac Deesbro is bound in 10' to appear at the next Court at Salem, & at the next quarter Court at Boston. John farrington is bound w"1 Deesbro in 101 for his appearance./ [272] M' Thomas Allen appearing was discharged the painting being before his time, & disliked of him./-' The towne of Salem, for not keeping Constant watch || tliis su2ter| was fined 10ss./ An Attachment was granted against Ipswich because none appeared to answer for their defective wayes, & 10s8 costs./ Concord for not giveing in a transcript of their lands was fined 5s8, & for neglecting their watch 10s8./ Dedham for want of weights & measures was fined 5s8. Cambridge for defect of the way at Vine brooke & long swamne are referd to the former fine of 51. And for want of stocks are fined 5s8. And for neglect of a constant watch are fined 10s8. Charlestowne meeting house is alowed for a watchhouse. Linn for not keeping constant watch is fined 10s8. And for want of sealed weights is fined 5s8. And for not giveing in a transcript of their lands 5s. Boston for defect of their wayes between Powder Horne Hill & the written tree is fined 20s3 & enioyned to mend them. Dorchester for not bringing in a transcript of their lands are fined 5s8. Waymoth for want of a sufficient watch house is fined 58. And for neglect of keeping constant watch is fined 10s. And for not delivering in a transcript of their lands is fined 5s8. * HinderBham in L. copy. OF THE MASSACHUSETTS BAY. And ||Waymoth|| for not looking to the execution of their oi about swine Waymoth is fined 31. Hingham for not making suficient fences is fined 5s8 & hath t to mend their fences till the 4th month./ And for defect iu their high wayes are fined 10s8. And for not keeping Constant watch Hingam is fined 10s8. Leif Duncan is appointed to take an Inventory of the good: Sarah Lishe — to pay the legacies, & to keepe the rest till furt order./ The Governo' had leave to keepe a Naviganset * Ind & his wife./ [273] A Courte held at Boston the 30th of the 11th m° 1639 : William Waltham for being drunke aboard the Governor sniP called the Bristowe Marchant, w* hee confes the Deputy Govr was fined twenty shillings it being the first time 1 Mr Humfreym nee was kn°wen to bee drunke, & so was serioi & increase Noweii. admonished, & dismissed. || This 208 was paid in || John Vaughan haveing defiled & refi to marry her was Comitted to prison till hee should give su|fic security to pvide both for the mother & the Child, or marry her wl hee hath defiled./ f A Court of Assistants held at Boston fer a Quarter Court the day of the first month 1639-1640 : P'eaent' Eich'd Pepper his fine of 5 pounds is remi the Governor . . . _ . the Deputy gov- to 68 8d wch hee paid Mr Bellingham Thom: Davenport for huiring John Parish Mr Winthrope inni: cas*; baules of paste w"1 Copperas in them, & cas Mr Saltonstall into a mans yard was admonished seriously to 1 Mr Bradstreete , . . , . , ,.. M. stoughton heed of doing the like. &incn Noweii. There is ten pounds delivered the Governo one that had failed by taking too great prizes for his Comodities ||1 havg. satisfied the parties whom hee sould the Comodities vnto./ 'ff' Thorn: Blumfeild is appointed administrate' to his father J Blumfeild deceased & to have the house & ground, & the lame daug to have the overplus of the goods not disposed of./ If/'- the will & inventory to bee recorded./ * Narhiganset in L. copy. t These iaat seven words not in the L. copy. 92 RECORDS OF THE COURT OF ASSISTANTS Samu: Basse his fine of 51 vpon his petition was remitted him Micha: Iver being called, & not appearing forfected his recog nisance. This Courte gave way to the Governo' to free his servant Thorn: Philips so far as they have power. Hester Ketcham is freed from her servise w* her m' John Wool- rige, & the said m' enioyned to give Ketcham 20s8 charges & the said mr, John Woolrige, is bound to his good behavio', & enioyned to appear at the Court the 7th m° next, & to put in suficient caution for the good behavio' & appearance. M' John Coggan had authority given him to receive of M' Willi: Tyng 9. 8s8 for wch M' Coggan is to free M' Ting as the Court shall direct, & bee responsall for the same./ John Knight is bound in 51 to appear at the Court at Boston the 2d month. John Dunvard bound his land, & 201 more to appear at the next Court. Lewes Hewlet, not appearing forfected his recognisance of 10'. Isaack Deesbro & John Barrington forfected their recognisance. Marmaduke Peirce appearing was discharged being enioyned to pay the witnesses as hee should bee able. Mr Henry Seawall for his Contemptuous speach & carriage to M' Saltonstall was enioyned to acknowledg his fault publikely at Ips wich Court, & to bee of good hehavio', & was enioyned to appear at the next quarter Court vnles the Court of Ipswich do release him from the good behavio' & from his appearance at the quarter Court, hee bound him selfe in 66' 13" 4d for his appearance & good behavio'./ [274] The 30th of the 2d month @ 1640 A perticuler Court held at Boston for small Causes. Thomas Buckmaster being in distres is granted P'eseBt- thirty bushells of corne, & money to make it vp ten The Governor -, h . , The Deputy Govr pounds, wcn was appointed to be paid him by the theTreasu: Mr Bel: * treasurer. Mr Stoughton " /-ii r? -, r>n & increase Noweii. John Clare is fined 20s8 for being drunke, wch Christofer Grant vndertooke to satisfy. John Pope for his unchast attempt upon a girle, & dalliance w1 maydes, & rebellios or stubborne carriage against his master was cen sured to bee severely whiped. th * Mr Bel: not in L. copy. OF THE MASSACHUSETTS BAY. 93 John Danvard being accused of uncleannes was bound in 201 to appear at the Court the 4th month vnles hee avoyde out of Waymoth before that, & to pay the Cunstable 20s for witnesses. George Palmer having comitted folly wto Margery Eugs through her allurement, because hee confessed volentarily, hee was onely set in the stocks, & so dismissed. Margery Eugs for intiseing & allureing George Palmer was cen sured to bee severely whiped. Charles towne haveing chosen Eob't Longe to sell wine this Court doth alow him till the quarter Court. Boston haveing chosen William Hudson to keepe an ordinary this Court doth alow him till the quarter Courte. Nathaniell Travell appearing was admonished to acknowledg his ofence in his scandolos & slaunderos speaches of severall psons, w011 hee praised to do, & to take advise, & so the Court discharged him upon triall./ [Pages 275 to 280 contain the record of the General Court 13 May, 1640. Page 281 contains lists of freemen for May and September, 1640.] [282] At a quarter Court houlden at Boston the 2th day of the 4th m° @ 1640 : pr8ent, Leonard Bowtle * for neglecting to obey a warrant Mr Deputy Bei: , served by the Cunstable was fined 10s"./ Mr Winthrope, sem J ' to Endecott M' Browning for seling strong water was fined Mr Humfrey g8 wftn. to ha; 2° of ft Mr Winthrope iunt M' SaitonBtaii M' Tynge & M'. Davison are desired to examine Mr stoughton tne accounts between M' Joanes & M'. Mayhewe./ Incr: Nowell. , , , ¦ -, Muddy River The Charge of Muddy ryver bridge bridge.t being 15' 38 6d was ordered to bee alowed as followeth By Boston, 61 : by Eoxberry 51 : Dorchester 1' 7l 8d Water-; towne 1. 7. lld Cambridge l1 78 lld./ George Hurne is Comited to bee layd in yrons & to bee whiped to morrow for his insolent & contemptuous carriage. John Hogge not appearing A James Davies for his unquietnes w"1 his wife was enioyned to ap- ' pear at the next Court of Assistants. * Buttolph in L. copy. t In modern hand. 94 RECORDS OF THE COURT OF ASSISTANTS Henry Chapman for not obeying a presse was fined 5s8. M' John Woodbridg is discharged of his p'sentment for releasing a servant paying 2s 6d. Eobert Tucker for upbraiding James Brittain calling him lyar, & saying hee could pue him so being a witnes, was fined 20s, & enioyned to acknowledg the wrong hee had done Brittaine. Mr Peter Bulkeley is granted the Corne of Alexander Thwayte & to bee responsall for it if hee come to answere the suite./ Willi: Powell for his sinn in geting his wife w" child before marriage was fined 40s8. Deniing it often, & [a]* confessing. Thorn: Gray was censured to bee severely whiped for his drunk ennes & other misdemeano'8 at Marbleheade, w"* M' Endecot tooke the Care of by undertaking it.| gooddy finch was censured to bee severely whiped to morrow, & so kept in prison./ Thorn: Savory for breaking a house in the time of exercise was cen sured to bee severely whiped, & for his theft to bee sould for a slave vntil bee have made double restitution. Henry Allein & Clement Weaver for drunkennes were fined 10ss a peece. M' Barnard for giveing a gallon of strong water amongst certein persons at worke at his house wherof Allen & Wever were two was fined 31. Eob't Abels busines is refered to M' Stoughton to inquire. Elisabeth Lovel was admonished for her imodest exp'ssions, en ioyned to pay the witnesses, & so was dismissed./ J John Downham for geting his wife w* child before marriage was fined 20s8./ Hingham being p'sented for defective wayes & bridge, & the Court being certified by hen: Smyth that they are mended they were fined 2s 6d, & discharged./ Edward Converse was fined 10s because the ferry had bene neg lected./ Thomas Bell being setled since the p'sentment is respited. the way of Dorchester being p'sented is deferd to veiwe. M' Eich'd Dumer for want of weights & scales [wch] were supplied 5". * After In L. copy. T See Lechford'a Note Book, p. 149. X Thece last uine words not in L. copy. OF' THE MASSACHUSETTS BAY. 95 Neweberry for want of towne weights & measures fined 6. 8d. Salem for neglecting their watch was fined 10s8: [283] The 30th of the 5th m° 1640 pr8ent John Tower for his disturbance of the peace & the Governor his ofence thereby against the Comon welth is fined the Deputy go: n , MrWinthrop.se.- fi>e pounds : Mr stoughton Two indian weomen were adiudged to bee whiped for their insolent carryage, and abusing M'8 Weld./ Elisa: Bennet was censured to bee whiped for her unchast mis carriage M' John Hogges for his drunkennes is fined five pounds John White is bound in 10' for to bee of good behavio', & not to come into the Compa of Bulls wife alone, & to appear at the quarter Court the first 3th day of the 10th m° next John Wily & George Orrice bound themselues in 51 a peece for the forenamed John White Hope the Indian was censured for her runing away, & other misdemeano' to bee whiped hear & at Marble heade. Isaack Hart bound himselfe in 201 to bee of good behavio' & M' Eobt Saltonstall bound himselfe in 101 for the said Isa: Hart his good behavio' till hee dept out of the plantation, or bring a note fro that hee is free from fear. Joell Jenkin is bound over to the next gen'all Court for geting his m'. his daughter w* child : The 20th of the 3th m° @ 1640 _,9enti Henry Illery being drunke the night before, & the Deputy go: calling Walter Merry knave, & saying further to increase Noweu. him a.member a dog hee was- fined 10', & to go to prison till hee have paid it./ John Barnes likewise : for being distemped with wine was fined 10s8 : Daniell Hutchins bound himselfe in 10' to appear at the Court to answer for neglect of the 2 children in the ship, wch were comited to him./ Willi: Kilcup & Eich: Haines bound themselues in 5' a peece for the appearance of Dani: Huchins. 6th m° 27 Henry Bright tooke his oath for to discharge the place of survayar of the armes in Watertowne this year, & till a new bee chosen. 96 RECORDS OF THE COURT OF ASSISTANTS [284] A quarter Court held at Boston the first of the 7tb m° 1640 : A Eecord of a former business. ntj In the matter between Andrewe Coleman & Willi: the Governor Swift, it is ordered by the Court, that whereas the ^w^hfope! se; said Andrewe Coleman by his letter of attorney dated Mr Endecott the day of anno Dni 1636 made unto John m' stoughton Haynes Esq' gave him the said John Haynes pow' & m> Bradstreete authority to sue & compound w* the said Willi: ScrTase'Noweir1 Swift f°r & UP0n 0ne DOnd °f G' bearinS date the to. Saltonstall. day of in the yeare A wherein the said Willi: Swift as a surety was bound vra Eoger Spring principall debto', & Josua Smyth another suerty for the paym' of fifty two pounds unto the said Andrew Coleman upon a certeine day past, & thereupon the said John Haynes agreed, & compounded w'k the said Willi: Swift, And the said Willi: Swift morgaged his house, & lands at Watertowne aforesaid unto the said John Haynes in behalfe of the said Andrew Coleman by one deed, or writing dated in or about the month of in the year 1636 aforesaid. And wheras the said Willi: Swift alleageth that the said Andrew Coleman hath already recovered for part of the said debt the sume of eighteen pounds & five shillings from John Smitheman, & Willi: Stacy iunior of Booking Clothiers, w^ they owed to the said Willi: Swift, & that since the said morgage made, the said Andrew Coleman hath contrary to the said agreem' ar rested, & troubled the said Willi: Swift in England for the said debt, & recovered from him seaven pounds & ten shillings more, w"* in all being twenty five pounds, & fifteen shillings cometh to halfe the said debt, wanting but five shillings, & that halfe thereof is as much in equity as bee being a surety wtt another ought to pay, & the other surety the said Joseph * Smith being a man of suficient estate ought to pay the other halfe, This Court hath ordered, that the possession of the said house, & lands shall remaine in the hands of the said John Haynes till midsomer next, to the end the said Willi: Swift may make what proofe hee can of the p'mises in the mean time, and then this Court will set downe a finall order in the p'mises, as shalbee agreeable to equity.f If the Court bee pleased to record this order I consent to it. Jo: Haynes. t * Josua in L. copy. In Lechford's Note Book it is JoBiah. t See Lechford's Note Book, p. 174. I ThiB signature as well as the record is in the hand of the Secretary. OF THE MASSACHUSETTS BAY. 97 John Woolrige appearing was discharged fro his band haveing carried himselfe orderly for ought wee heare John Porter & Henry Tuttle being chosen cunstables of Hingham did take the oathe to them belonging. Thomas Tylestone, & Edward Winshot were fined 6" 8d a peece for not attending the iury when they were called It was referd to M' Willi: Tynge & M' Willi: Peirce to examine the books about the goods wch came in the Charles was * are wanting of persons absent./ // Thomas Baguley for seeking to get a mayde w'hout her freinds consent is bound to his good behavio', & if hee trouble her by p'fering any newe suite, or make any disturbance, it is to bee accounted a breach of the good behavio'./ ' 1 Eich'd Cluf e for saying shall I pay 12d for the fragments wch the grandiury roages have left hee was bound to his good behavio' & fined three pounds, sixe shillings, & eight pence, wch was discounted by Mr Eob't Saltonstall upon account. Edmond Mathewe was admonished to take heede of pilfering. M' Samu: Maverick bound himselfe in 120' for the Comp" of the Charles to answer such actions as are or shalbee brought. [285] Thomas Dickinson is discharged from his slavery & comited to Ensigne Eich'd Walker./ John Turner & William Eich'ds are referd to M' Ginner & Thomas White to settle things betweene them. Evan Thomas haveing a wife, & four children is alowed twenty bushells of corne at harvest, & what necessary charge goodm Button is at to bee alowed him. Jonathan Hatch was censured to bee severely whiped, & for the p'sent is comited for a slave to Leift Davenport. Eecd of Ipswich for their attachment 10s they haveing set out newe highwayes nearer then the former, as they informed./ Walter Merries two servants were censured to bee whiped for runing away, & delivered to their maister./ 450_ M' Atherton Hofe,t M' Thorn: Leveret, & M' Thorn: Colebron, have authority, & order to sell the house & ground, wch was M' Mellows to bee disposed of by them for the good of the sixe children till they come to age, or marry, & the eldest sonne to have a double portion. * So in the original. It is xohat in L. copy. t Haugh in L. copy. 98 RECORDS OF THE COURT OF ASSISTANTS M' Samu: Winslew* is sworne surveyar of the armes at Cole- chester. John Gosse had ten pounds of his fine of 20' remitted. John Burrows for going into other mens houses in the night & upon the lords day in the time of exercise was censured to bee whiped./ the 8lh Day of the 8th m" 1640 John Knight for his drunkennes swearing, & other disorder was censured to bee severely whiped./ Daniell Houchens t haveing given satisfaction to the father of the children wch were neglected is freed from his attendance at the Courte any further./ 15. John Davies, & Henry Messenger are bound in 201 a peece, & each for other to appear at the next generall Courte. John Crabtree Willi: Hudson & John Hill | bound themselues in 20l a peece that what shalbee adiudged by the Courte to bee overpaid shal bee returned to M' Hibbens./ [On pages 286 to 292 is the record of the General Court for October, 1640.] [293] A perticuler Court held at Boston the 29th 8th m° 1640 : t Henry Edwards, & Willi: Hudson are discharged the Governor from their recognisance./ ^ew!p".ty OTT . Beniamin Pauly for his distemper w"1 wine was Mr Winthrope, seni: J r M'isra: stoughton ordered to pay 10', & paid in the same./ sincr: Noweii. -j^-^. Davisori byll of 2001 being delivered into the Court by Sill was ordered to bee kept by the secretary. Joseph Shawe & Nicho: Byram are granted administration of the goods of Abraham Shawe deceased./ Willi: Hamond deposed that Edmond Greenlife served him w* warrants to appear at two Courts, & causing him to appear did not psecute. Hamond was granted against the said Greenlife 20ss. John Porter, John Ottis, Thom: Minard, & Natha: Baker being called to bee witnesses were granted 68 a peece & Graves § Is all to bee paid by the Country./ John Dutton for swearing, stealing, & drunkennes was censured to bee severely whiped./ John Parker was granted 20s agaiust Thom: Clay for not psecut- ing, causing him to attend 3 dayes w"1 witnesses./ * The final w seemB to have been cancelled. It is Winsley in L. copy. t Hutchins iu L. copy. X John Hill not in L. copy. § Or Geaves. OF THE MASSACHUSETTS BAY. 99 Attachment was granted to Thomas fowle against Thomas Owen to attach such goods as are in his possession for performance of his bargaine of come./ It is ordered M' Stoughton should heare busines betweene Eich'd Lange, & the towne of Waymoth, & M' Stoughton hath power to call for the towne booke, & make report to the co't if the cause do require it./ [294] A quarter Court held at Boston the first day of the 10th m° _1640 prsent, The towne of Cambridge upon pufe that the way M' Governor at vine brooke & long smap * was repaired before the m> winthrope, seni : declaration of the defect was discharged of the fine Mr Humfrey of 51. Mr Saltonstall ^rr , ~. to Winthrope, iuni: Watertowne freemen promising to yeld to ev'y Mr stoughton townsman his pportion alike according to rule, w^out respect to freedome or not freedome were dismised George Eichardson is bound to the good behavio' in 20', & to ap pear at the quarterAt the 10th m° 1641. Henry Curtis & Willi: Knope are bound for George Eichardson [in 10'.] Giles Player haveing taken from the deputy governo' a boate & other things of 15' valewe, & from Leift Davenport the worth of 51 hee is comitted to them till they bee satisfied./ Joell Jenkin upon his repentance was discharged./ Eob't Eendall is deferd till the next quarter court./ The towne of Braintree were enioyned to make their pound, stocks, & watchouse by the quarter court in the first month. Dorchester, & Eoxberry the bridge, & way being repaired were dis charged./ Boston. the wayes being newe layde out had time to repair them between powder horne hill & the written tree till the A M' Thomas Lechford acknowledging hee had overshot himselfe, & is sorry for it> pmising to attend his calling, & not to meddle w'h con troversies was dismised.J Willi: Bartlet the pilfering not being" pued was discharged newe sumons was to bee sent for Eobert Bartlet./ - Charlstowne meeting house was formerly alowed for theire watch house./ * So in th" original. Swamp in L. copy. t Cort in L. copy.' J See Lechford's Note Book, pp. 317, 176. 100 RECORDS OF THE COURT OF ASSISTANTS Samuell Dunkin there being a mistake in the presentment as ap peared by the witnes was discharged./ Concord & Sudberry in regard of the snow were deferd till the quarter Court in the first mouth./ Willi: Wake was councelled to go whom * to his wife, & upon his pmise so to do, his repentance, & testimony of his good behavio' hee was 'discharged./ Salem meeting house is alowed for their watch- Salem.t .house. Eobert Crosse is remited to Ipswich Court./ James Hubberd is discharged the hurt being little, & done unwit- ing the other pressing in upon him./ Linn was enioyned upon paine of 10 l to repair their wayes by the quarter court in the 4th m° next./ Linn meeting house is alowed for their watch- house. Eowley p'sentments are deferd till the quarter court in the next first month.Colechester p'sentm18 are deferd till the quarter court the first month. Hampton p'sentm'8 are deferd till the quarter c't p° m°.t Hingham meeting house for the p'sent is alowed gam' for their watch house. Christopher Batte for selling his servant his time is referd to the Court at Ipswich. It was ordered that John Twogood should bee sent to his dame the wife of Thomas Marshfeild at Conecticot by Eob't fen, the father of the said Twogood haveing put him a servant to Tho: Marshfeild. [295] the comission about M' Edmond White & Mra Woolcote § is renued for M' Deputy Bellingham, Incr: Nowell, & M' Thomas May hewe to examinethe accounts. M' Collens, M' Sparhauke, & goo: BridgeH are desired to heare businesses betwen John Smyth, & his father Jeremy Norcros, & exam ine accounts, & settle things if they can, if not to make report to the Courte, if there bee cause./ Henry Stevens for fiering the barn of his m', M' John Humfrey hee was ordered to bee servant to Mr. Humfrey for 21 years from this day toward recompencing the losse./ * Home In L. copy. t In modern band. X Quarter Court the first moueth in L. copy. § Wolcott in L. copy. f John Bridge iu L. copy. OF THE MASSACHUSETTS BAY. 101 Samu: Heford* haveing bene much misused by his m'. Jonathan Wade hee is freed from the said M' Wade, & is put to John Johnson for three yeares, & to have 6' wages p @, & for the other 1*4 years it is referd to the court./ Eich'd Nicoles case is referd to the Court at Ipswich Daniell Bacon is granted 10s costs against Eich: Neve because hee served him w"1 a warrant, & psecuted not./ George Eich'dson is granted 108 costs against James Smyth hee haveing served him w'h a warrant psecuted not. Jonathan Wade is bound in 40' to bee of good behavio': M' Eich'd Parker for seling J^ lb or ^ lb of gunpowder || to an In dian || being ignorant of the law against it is respited til the gen'all co't. Mr Henry Webbe his man Eoger T[o]le for seling 2 lb of gun powder to an indian not knowing the law is respited till the gen'all co't John Stowe for seling shot || to an indian || not knowing the law is respited M' Thom: Clarke his man seling 8 lb of shot to an indian is respited Eich'd Collecot forgeting the|| law|| against mending indians guns haveing got 2 of their locks to bee mended is respited for his fine till the next gen'all co't Micha: Willis is discharged being ignorant whose the locks were./ M' Henry Waltham his sonne being lately dead, & hee discovering his sonne had given 3' to the publike though no other knew of it was discharged./ goo: Button is alowed 101 8s 9d for the charge w"1 Tho: Evans. Bewet, for the Jury found Hugh Buetst to bee gilty of heresy, ^eresy, an- £. ^at his person & errors are dangeros for infec tion of others, t It was ordered that the said Hugh Buet should bee gone out of or iurisdiction by the 24th p'sent upon paine of death, & not to returne upon paine of being-hanged./ the Court granted the iury 12s for their servise the names of the Jury that tryed Buets Buets. Edward. Eainsford John Eugells James Browne Griffin Crofte John Martin Isaack Johnson John Haule Jonathan Negus Thom: Goble Eich'd Trusdell Daniell Brewar Christo: Gibson * Hoffordin L. copy. t Buett in L. copy. f See Winthrop II. 19. 102 RECORDS OF THE COURT OF ASSISTANTS It was ordered that Alexander Beck should have 24 bushels of corne for Mary Joanes for the time, past, & for the time to come a bushell of corne a weeke, & to have two blankets & a rug to keepe her warme./ [296] A Court at Boston the 28th 11th m° 1640. The will of Ann Bunting was given in, & the P'sent, the Governor witnesses depo: * A the Deputy govr JollI1 Holland Edward Brecke, & John Sherman Mr John Winthrope se.- being returned for Iury men, & not appearing when M- John Hnmfrey th wepe called they were fined 5s a peece. Mr John Winthrope, J J r iu: The will of f George Alcock was given in & the & increase Noweii. witnesses deposed, & also the praisers of the inventory were deposed. Thomas Hawkins for his scurrillous speaches was enioyned attend ance, but upon the petition of the gentlemen hee was remitted./ Samuell Haukes for swearing, cursing, lying, theft, & unclean speach, was censured to bee set an houre in the stocks to morrowe & have a clefte stick on his tongue while the Court thinks meete, & was comitted the meane while./ William Carpenter being chosen cunstable of Waymoth for the year ensuing tooke his oath to that place belonging./ John Hogg for his drunkennes, wastf ulnes, & idlenes was censured to bee comitted to Leift Davenport till the next Court./ Walter Knight forfected his recognisance of 5l by not appearing Thomas Dexter forfected his recognisance of 51 being bound for the appearance of Walter Knight, who appeared not M'. James Parker is alowed to marry Thomas Clifton & Mary Butterworth w^in a month : Ordered by consent of Henry Waltham marchant, & Welthia t the wife of Thomas Eichards of Waymoth that all matters in dif erence hearafter mentioned shalbee referred to M' Neweman, M' Parker, & Edward Bates, of the same towne, who by this Court have power, or any two of them to appoint a miller to keepe the mill for both parties : to set downe an equall valewe for the rent of M' Walthams part of the house, w* shee is to enioy till her husband returne (if hee returne this sumer) & to heare & determine all accounts, & reckenings betweene them, for w* end they, or any two of them have heareby authority to * Deposed in L. copy. t Mr. in L. copy. J Welthian In L. copy. OF THE MASSACHUSETTS BAY. 103 examine witnesses upon oathe, this to bee in force till the next Court of Assistants.* [That part of the library copy which is of records of a later date than the above, 28 Jan., 1641, appears to have been made, in part at least, by Samuel Symonds. See Transactions Colonial Society of Massachusetts, Jan., 1898 (page 144).] £297] A quarter court held at Boston the 2m day of the first m° 1640-164^) P'sent, Christopher Graunt for his cruell usage of his the deputy'go: servant Nicholas Gilberd was fined ten pounds, & Mr winthrope se: bound to his good behavio' to Humfrey Garret Church & John Stebben bound themselues Mr Saltonstall in 201 a peece for Grants good behavio' till the next Mr Winthrop iu qUarter COurt Mr Stoughton i Mr Bradstreet Eobert Stedman a iury man not appearing was lucre: Nowell fined g9> gd John Hogg upon the security of Samu: Grames, & Thomas Munte they haveing the goods in their possession for their security w* hee was let have to keepe till hee went for England, & then to deliver them to his use./ Walter Edmonds being chosen cunstable of Concord did take his oathe Susan Starr is granted administration of the estate of her husband Thoma: Star, & the inventory of 49. 6. 9d was shewed in co't Eich'd Hollingworth upon occation of the death of Eob't Baker ¦Was fined 10' : to bee paid to the wife, & children of the said Eob't Baker his negligence being the occation of his death. Eob't Bartlet appearing, & there appearing a mistake in the p'sentment hee was discharged Eobert Bendall being tryed by the grand iury was not found gilty Henry Palmer bound himselfe in 40' for his wifes good behavio' & appearance at the next quarter co't when free from being w"1 child, & fit to come abroad./ M' John Morecrof t is fined 20' for his . unfit carrige, & bound to his good behavio'. ,•?,'; also the forenamed John Morecroft is to pay 201 of the 40' wch hee forfected for want of Will: Bell his appearance t * See Lechford's Note Book, p. 105. X See Mass. Illst. Soe. Coll., 4lh Series, Vol. 7, p. 308. T See Winthrop II. 43, mentions presentment of Governor Belliugham. 104 RECORDS OF THE COURT OF ASSISTANTS Walter. Knight appearing was fined 101 for his rude speaches and contemptuous A Eor security hee made over a bill of 11' Eich'd Ponton is put to John Eeade for 8 yeares from the first of the 11th m° last past with his owne consent, John George is put to M' John Winthrope seni: for 8 yeares with his owne consent./ An attachment was granted against Nicholas Bacons cattle for the payment of his rent to M' John Coggan./ sumons & attachment was granted ag' the estate of Jn° Sampson. the diference between Mr William Tynge & Mr Eobert Tomp- son is referd to the arbiterment of M' f oule & Capt. Gibons. Mr Eich'd Dunier had his fine of 58 remitted the p'sentm' being upon a mistake as was testified : Thomas Carter Senio', & Edward Joanes being chosen Cunstables for Charles towne did take the oath appointed for that place John Johnson of Eoxberry is freed from training in regard of other publike servise wttout any pay to the Company./ [Blank space.] Thomas Poxe was enioyned to pay 58 or appear at the next court./ [298] A Courte at Boston the 29th 2d m° 1641 : Eich'd Wilson for his grosse abuse of his m'. the Govnor Thom: Cheesholme in base revileing speaches, & re- Mr" winthro8°sen- fusing to obey his lawfull commaunds was censured to Mr Humfrey bee severely whiped increase Noweii. Edward Page it being testified that his m'. con fessed hee was not to bee turned over, nor serve his wife if hee dyed the said Edw" was freed by the Courte./ M' Joseph Kinge for uncomely & obscean speaches was sharply reprehended, & for distemper in drinking wine hee was fined fourty shillings to bee paid wthin ten dayes to the treasurer M' Henry Pitts for his uncomely speaches & obscean was sharply reprehended, & for distemper in drinking wine hee was fined fourty shillings to bee paid to the treasurer w'hin ten dayes. William Browne for his obscean, & filthy speaches was sharply reprehended, & admonished not to use such base speaches./ Samu: Sherman was enioyned, & pmised to appear at the next Court./ OF THE MASSACHUSETTS BAY. 105 Thomas Turner, Thom: Collier, & John -Sutton bound themselues in 401 a peece to appear at the next court, to answer for the things taken up of John Hardies rack.* Thomas Baguley, for seling his servant his time contrary to order of court was fined ten shillings./ Mighill Bacon sen' upon the certificate of Eich'd Beres, Hugh Mason, Willi: Williams, & Thomas Hastings, that full satisfaction hath bene given was discharged, it being declared to bee a mistake of ignorance. / [Blank space.] John Barnes for some distemp in drinking wine, was required to give 10", W* hee consented vnto. A quarter Court held at Boston the first of the 4th m° 1641 : prsent, Edward Johnson of Charlstowne being warned to the governor serve upon the iury (& not appearing) was fined the Deputy govr v., q,j . Mr Winthrope Mr Dudley James Dane for makeing an indian drunk was Mr Saltonstall fined 20s8. Mr Humfrey M' Bradstreet M' John Longe for his distemper in drinking & Mr winthrop iu giving wine to others is fined 3'. Mr Stoughton ° ° increase Noweii. A warrant was ordered to to examine all that tooke up any thing of the rack,* & send a perfect inventory, & in any thing doubtfull they are to take the ','advise of M' Peck minister & Mr Newma John Whitney was chosen Cunstable of Watertowne & tooke oath pi There was granted to Goodm Nutt, Marten Vnderwood, John Whitney, Henry Kemball, & John Witheredge alowance for 83)4 yrd of cloth valewed at 12d p y'd Joane Abell being p'sented for being drunke it. being found to bee a mistake shee was discharged./ Mr Edward Tomlins retracting his opinions against singing in the ¦churches was discharged I Thomas Patience for want of proofe was referred to M'. Endecot f{ Edward Adams was enioyned to returne to his wife./ & being questioned for other things was discharged for want of poffe. !>- the towne of Eoxberry is enioyned to make a suficient way be- ,tween the buriing place & the gate upon paine of 20s8 forf : &r-~ ¦ ¦ - * Wrack in L. copy. 106 RECORDS OF THE COURT OF ASSISTANTS Eoxberry is also enioyned to repair the other way over the swamp toward Dorchester mill upon paine of 20s forfett. Ipswich was enioyned to repair their wayes by the next q't' Court upon paine of forfeture of 10' for the way to Salem, for theyr way toward Eowley they have 6 mouths to repair it./_ [299] Cambridg was certified to have repaired the way tow'd Conc'd. Cambridg for the way between Watertowne & Eoxberry is in- ioyned to repair it w'hin 6 m° upon paine of 3. 6. 8d- Waymoth defective way is certified to bee mended./ Salem is enioyned to amend the short swampe w">in a month & the other wayes w'Hn 6 months upon paine of 5l. Boston in inioyned to mend their wayes upon paine of 208. Watertowne is discharged. & Lin is discharged./ Salsberry was enioyned to amend their way upon paine of 208. Salsberry for want of weights & measures is fined 2. 6d. Eowley was enioyned to mend their way vpon paine of 20! w^in a month./ Dorchester way to bee mended vpon paine to forfet 20". Hampton for want of weights & measures is fined 2. 6d. Coneord to pay 108 for neglecting watch & not appearance. the wife of Eob't Lewes * for her dishonoring the name of god was censured to bee whiped./ Enoch Hunt for his opp'ssing practice & extorsion was enioyned to make restitution, pay the witnesses, & was fined 3'. Waymoth is remited the 3' fine about neglecting their hogs. Eoxberry is remited the 10' fine for neglecting their hogs. Eob't Lewes & John Madox were discharged the p'sentm' being mistaken, their answer being iudged reasonable. Jonathan Thing for ravishing Mary Gree[n]feild was censured to bee severely whiped heare & at Ipswich [& fined 20l to bee paid in three yeares to Sam: Greenfeild.] f Cambridge was enioned to give Squa Sachim so much corne as to make up 35 bushels, & 4 coates -for the last year, & this. Christopher Grant appearing was discharged fro further appance John White appearing was discharged John Skidmer is fined 108 for seling strong water to Indians Abraham Morrell is fined 5' for seling his servant his time Samu: Sherman is fined 208 for selg his servant his time * Lews in L. copy. t Tula part within brackets not In L. copy. OF THE MASSACHUSETTS BAY. 107 the wife of . Eich'd Carter appearing shee was admonished, & enioyned -to bring her husband to bee bound for her good behavio' . Willi: Pilsberry & Dorothy Crosbey were bound to the good be havio', & to appear at the next Court bound in ten pounds & hee was enioyned to || worke w'h || goo: Wiswell 2 dayes in the weeke & goo: Cheny one day in the weeke for five yeares : Mr Bu'slin was referd to the Court at Salem Davy * Hickbourne for his grosse misdemeano', & foule miscarriage was censured to bee severely whiped, to weare an iron coller till the co't please, & serve his m' 3 weekes longer for lost time, & trouble of his m' Mr John Longe bound himselfe in 20' to bee of good behavio', & to appear at the next quarter court./ John & Elnor Peirce were admonished to see better order bee kept Willi: Knop for selling bear 2 years unlicensed was fined 5'. Alexand1 Becke was granted 8 bushells of corne more then a bushell a weeke for his trouble w"1 Mary Joanes. Henry Webbe & George f Stoader cunsta: of Boston had granted them power to gather in the estate of Paul Yonge, & to pay the debts, & to give account : John Barnes was enioyned to pay 10s, or appear at the co't to answer for a second distemp in drinking too much, wch hee not appear ing is to pay. i'v [Page9 300 to 312 contain the record of the General Court for June, 1641.] [313] the 29"1 5th m° @ 1641 At a co't at Boston George Bowen being absent prsent a ° the Govno' when hee was called to serve upon the iury, was fined the Deputy ggs Mr Winthrope ' - . . Mr Dudley James Laurence for goemg out of his m'. his Mr Humfrey house in the night unseasonablely ag' his exp'sse order incr: Nowoii. was censured to bee sharply whiped cValso for keep ing company w"1 a, leaude woman./ ,; William Pilsberry for defileing his m'. his house was censured to bee whiped./ Dorothy Pilsberry was censured to bee whiped for her uncleannes, & defileing her m'. his house./ * David in L. copy. t George, changed to Anthony, in L. copy. 108 RECORDS OF THE COURT OF ASSISTANTS Mary Osborne for her grosse miscarriage in giveing her husband quick silver, & other abuses was censured to bee severely whiped./ Mary felton the wife of Beniamin felton for her severall thefts fro Mr Webbe, M' Parker, M' Stoader, & M' Eldreds man to the valewe of 8. 15. lld the things were restored, & her husband undertooke, & bound himselfe to restore the valewe of the goods taken away to each of them./ [Blank space.] [314]' A Quarter Co't at Boston the 07th 7th m° 1641 Thomas Carter senio' Cunstable of Charlstowne is prBent, the Governor fined 6. 8d for warning the iury men too late & for a M^Winthrepr se- r0nS da?> W°h WaS tW0 dayeS t0° late" Mr Dudley Edward Larkin being warned to serve upon the Mr'sMtonstaii iury, & not appearing is fined 58 : fl This fine is re- Mr stoughton mitted, the Cunstable mistaking, & warning for a ™:w7 wrong day.|| The rates of wharfige & litrige are referd to the gen'all Court, to bee brought in by the towne of Boston : Willi: Wells is enioyned in 10' to answere for opp'ssion M' Nicholas Trerice for his miscarriage in Court, is fined fourtye shillings Thomas Owen for his adulteros practises was censured to bee sent to the gallos w"1 a roape about his neck & to sit upon the lather an houre the roapes end throwen over the gallos & so to returne to prison Sara Hales the wife of Willi: Hales was censured for her miscar riage to bee carried to the gallos, w'h a roape about her neck, & to sit an houre upon the lather the roaps end flung over the gallos, & after to bee banished. Willi: Lampson hath liberty to fell 300 trees, on -the other side of Chebacco, so it bee not in the limits of any towne Anthony Stoader confessing his fault in his unfiting speach to the governo' in affronting of him is fined 13^'lf) Captaine John Vnderhill being indited upon pclamation no witnesses comeing in hee was acquited.vQ John Kilmaster, John Knop, & John Knight for their distemper were admonished, & dismissed./ M' Samuell Maverick being found gilty of a confederacy w'h Thom: * See Winthrop II. 38. t See Winthrop II. 13, 41. -OF THE MASSACHUSETTS BAY 109 Owen to breake prison, consealing of it, & letting bee upon his iland was fined one hundred ': M' Chidley for confederating & consealing was fined 13^'. M' Ducket for confederacy & consealing was fined 26^'. M' Wollaston for consealing being privy was fined 13^'. Mr Oateley for consealing was fined 13^'. Thorne for consealing hideing & suppliing was fined 6^'. Willi: Cope for consealing was fined 62/31. Mary Wilbee for consealing & consenting was fined 6^'. Thomas Owen for e8C8b?^i^' <* prison was fined 20' to bee paid w*in a weeke, or to bee severely whiped. Sara Hales for escaping to pay 13^' or be whiped & banished M' Dutchfeild, M' Williams, & M' Hale were admonished to take heede of the like consealment. M' William Collens being found to bee a seducer, & his practices pved such, hee is fined one hundred pounds, & to bee kept close prisoner till his fine bee paid, & then hee is * banished upon paine of death, f Erancis Hutchinson for calling the Church of Boston a whoare, a strumpet, & other corrupt tenents,t hee is fined 50', & to bee kept close prisoner till it bee paid, & then hee is § banished upon paine of death^) f f Margery Mathewf widow of Thom: Mathewlf is alowed to sell her husbands house, land, & goods toward paym' of her husbands debts reserving her necessary cloaths & beding, wch were hers before marriage being pply her owne./ / / [The next record of the Court of Assistants in the L. copy is of the date 28 Oct. 1641. The record of the Court of Assistants as found in the first volume of the Colony Record ends here. The following is the answer of John Pratt and the action of the Court thereon referred to above under the date of November 3, 1635. (See the note on page 58.) This John Pratt record was paged at one time 77 and 78. It is now paged 9 and 10 in the original volume. (See above page 15.) The whole, including the signatures at the end, was -written by the Secretary, Simon Bradstreet.][77] The Answer of mee John Pratt, to such things as I he[are &] pceave obiected against mee, as of ensive in my Ire. ., : first genially w'soeuer I writt of the impbabilitie or impossibility of subsistance for o'selues or or posterity without tempting god o' with- Is to bee in L. copy. t See Winthrop II., 38. X Tennets in L. copy. § Thun to bee in L. copy. f Mathews in L. copy. 110 RECORDS OF" THE COURT OF ASSISTANTS out extraordinarie meanes, it was with theis two regards first I did not meane that wch I said in respect of the whole Country, or o' whole Pattent in gefi)all : but onely of that compasse of ground wherein theis townes are soe thicke sett togeather & secondly I supposed that they intended soe to remaine, because (vpon conferrence with divers) I found that men did thinke it vnreasonable that they or any should remove or disperse into other pts of the Couutrie. And vpon this ground I thought I could not subsist myselfe, nor the Plantacon nor posteritie. But I doe acknowledge, that since my Ire there have bene foure sundry places newly found out as Neweberry Concord & others (and that within this Pattent,) wch will af ord good meanes of subsist- ance, for men & beasts, In wch & other such like newe plantacons, if the Townes shalbe fewer & the bounds larger then theis are, I conceave they may lyve comfortably, the like I thinke of Conecticott, with the plantacons there nowe in hand, & w' I conceave soe suficient for my selfe, I conceave soe suficient also for my posteritie & concemeing theis Townes heare soe thicke planted, I conceave they may subsist, in case that besides the conveniences wch they have already neere hand, they doe impue f ermes somew' further of, & doe also apply themselues to, & doe impue the trade of fishing, & other trades. As concemeing y' intimacon of the Comonwealth builded vpon rocks sands & salte marshes, I wishe I hadd not made it, because it is construed contrarie to my meaneing, wch I have before expressed And whereas my Ires doe seeme to extenuate the iudgem' of such as came before, as haveing more honestie, then skill they being scollers, cittyzens tradsmen pyr my meaneing was not soe gerDall as the words doe import, for I had an eye onely to those, that hadd made larger reports into England of the Country then I found to be true in the sence aforesaid. And whereas I may seeme to imply, that I had altered the myndes or iudgem'8 of the body of the people, magistrates & others, I did not meane this in re spect of the goodnes o' badnes of the Land, in the whole plantacon, but onely in poynte of removeall, & spredding further into oth' pts they afterwards conceaveing it necessarie, that some should remove into other places here & there of more inlargem'. and whereas I seeme to speake of all the magistrates & people, I did indeed meane onely all those with whome I hadd any private speech aboute those things & as for the barrenes of the sandy grounds rye. I spake of the[m] as then I conceaved, but nowe by experience of myne owne, I finde that such ground, as before I accounted barren, [78] yet being manured & hus banded doeth bring forthe more fruict then I did expect. As for the OF THE MASSACHUSETTS BAY. HI not psping of the Englishe graine vpon this ground, I doe since that time see that rye & oates have psped better than I expected, but as for the other kindes of graine, I doe still question whither they will come to such pfeccon as in o' natiue countrie from whence they come. And whereas I am thought gefDally to charge all that have written into England, by way of comendacon of this land as if what they hadd written were gerDally false, I meant it onely of such excessiue comen dacon s, as I see did exceede, & a[re] contrary to that wch I have here expressed. And as concemeing that wch I said, that the gospell would be as deare here as in England I did it to this end, to putt some wch intended to come hither onely for outward comoditie, to looke for better grounds, ere they looke this way. As for some grounds of my returneing, wch I concealed from my friends for feare of doeing hurt, I meant onely some pticul' occacons & apprehencons of myne owne, not intending to lay any secrett blemishe vpon the state, and whereas I did expresse the danger of decayeing here in o' first love cyr I did it onely in regard of the many folde occa cons & businesses, w* here att first wee meete withall, by wch I finde in my owne experience, (and soe I think doe others also) howe hard it is to keepe o' hearts in that holy frame wch some tymes they were in, where wee hadd lesse to doe in outward things : but not at all intend ing to impute it as necessary to o' condicon, much lesse as a fruicte of o' precious liberties, w1* wee enioy, wch rather tend to the quickening of vs, wee improveing the same as wee ought. This my answer (ac cording with the inward consent & meaneing of my heart) I doe hum bly comend to the fav'able consideracon & acceptance of the Court de- sireing in this as in all things, to approve myselfe, in a conscience voyde of ofence towards god & man. John Pratt. Of this answer of John Pratt before written, voluntarily by him made, as wee are witnesses, soe doe wee also ioyne w"1 him in humble desire vnto the Court that it may be fav'ably accepted & what, euer fayleings are in the Ire in regard of the manner of expressions (wch may seeme hardly to suite w"1 theis his interpretacous,) wee doe desire the indulgence of the Court to passe ouer without further question/. Peter Bulkeley John Wilson Thomas Hooker 112 RECORDS OF THE COURT OF ASSISTANTS Whereas John Prat of Newe Towne being called before vs att this p'sent Court, & questioned for a Ire w* hee wrote into England, dated wherein hee raysed an ill report of this Countrie, did desire respite till the nexte day to consider of his answer, hee hath nowe deliiDed in this before written, w^ vpon his free submission & acknowl- edgem' of his error the Court hath accepted for satisfaccon & therevpon pdoned his sd ofence, & gyven ord'. y' it shalbe recorded & such as de sire coppyes thereof may have the same/. John Haynes G.oumr. Bich Bellingham John Winthrop Tho. Dudley John Humfry Willm Coddington Willm Pinchon Atterton Houghe Increase Nowell Simon Bradstreete PART II. COURT OF ASSISTANTS. RECORD 1641-1644. FEOM A CONTEMPOEANEOUS COPY NOW IN THE BOSTON PUBLIC LIBEAEY. PART II. 1641-1644. Court of Assistants Kecords. [Taken from the copy of the Massachusetts Colony Records now in the Boston Public Library and known as the Barlow Copy. This portion of that copy has been printed in "W. H. Whitmore's Bibliographical Sketch of the Laws of the Massachusetts Colony. The first part of the copy in the Public Library, extending to Jan. 28, 1641, is in the handwriting of Thomas Lechford. (See above, page 1, headnote to Part I.) The rest of that copy, or part of it, as stated aboye in the note on page 103, appears to have been made by Samuel Symonds. (See Transac tions Colonial Society of Massachusetts, Vol. V., p. 144, January, 1898.) Through the whole copy the paragraphs are numbered successively in the margin from 1 at the beginning to 3450 at the end. As these marginal numbers are not in the original record now extant in the State Archives from which the first part of the copy was made, it is eyident that the lost record from which the part of that copy now printed was made did not have them, and they are therefore omitted here.] [277] At a Co't the 28th 8th Mo'h 1641. Present. The Governo'. M'. Winthrop. M'. Dudley. Increase Nowell. Luxford. Voysey fined. James Luxford was Ordered to bee delivered to his three Credito™. M'. Symon Voysey for" striking Mr. Constable was coSitted, & fined to give M'. Constable, l0lb. -„, ... _ ,„ M'. Henry Waltham; & James Brittaine, were Waltham. Brittaine J ' ' bound for Wilson. bound for Gawen Wilson his appearance at y-' next Co't. Knight comitted. John Knight is coSitted vntill hee find sureties. .Eliot. Tee. At a Quarter Co't at Boston the 7th. of the 10th. M"1. 1641. Jacob Eliot deposed to the will, & Inventory of . John Tee. 115 116 RECORDS OF THE COURT OF ASSISTANTS Smith. Prichard. Richardson dis charged. Wilson, & sureties discharged. Voca[s] fined or whipt.Capt. Williams, Richardson. Richards fined. John Smith is graunted five shillings against William Prichard. John Eichardson appearing, & testimony given of his good carriage, hee, & his sureties were discharged. Gawen Wilson appearing, hee, & bis sureties were discharged. John Vocar was censured to pay ten shillings, or bee whipped, the 1"'. Moth. Capt. Williams was p'ssed, & promised to en- deavo', & doe what in him lay to bring backe John Eichardson. Walthian Eichards was vpon his p'sentment fined 5lb., & enjoyned to pay the witnesses, which were Edward Bennet, & his wife; Eichard Silvester, & his wife; Arthur Warren, Thomas Eawlings, Thomas Penny, M'. Waltham, & Mary Smith, after 2s. p day, & to make a Publique A Samuel finch his wife was certified to bee ill. The Inhabitants of Braintree, for the bridge over Minotocot Eiver are respited till the Generall Court. Hingham hath time till the first of the 3 '. Mo"1, to finish the bridge over Layfords-liking, which they are doe by that time vpon paine of 5ib. Thomas Barnes about lace, was admonished, & discharged. John Jobson for vnadvised exp'ssions, was admon ished, & discharged. Marke Hands for want of proofe was discharged. Dorchester for defective wayes was fined 5s., & had || time || till the 2a- Mo*. It was referred to indif erent men to judge, what recompence Marklin knight should returne to James Pen. ~ William Davies for keeping an house of disorder, by giveing enterteinement against Order, was fined 2CT., not to sell ale, strong beare, wine, or strong-water. M'. Chidley was gone out of the Countrey before Co't. Thomas Hawkins for makeing bread to light was fined 5'. and enjoyned to give one witnesse, Edward Bates, 2s 6" ffinch his wife ill. Hingham. Barnes. Jobson. Hands discharged. Dorchester fined. Marklin recompence Pen. Davies fined, bonnd. & bound in 10" Chidley. Hawkins fined. OF THE MASSACHUSETTS BAY. 117 Boston fined. Boston f or defective [ways] towards Eoxbury is fined 105, & enjoyned to mend them, by the 24th. of the 2d. Mo'\, vpon paine of five pounds. Cambridge for a defective way to Charlestowne is fined 5s. ffuller- fuller was respitted till the next Quarter Co't. Knight. Carters John Knights Cause to be tryed by Action. wife- Carters wife was admonished, & discharged. Cambridge fined. [278] .At a Co't at Boston the^27'h. 11th. Mo'h. 1641. Present. The Governo'. M'. Winthrop. M'. Dudley. Increase Nowell. The administration of the estate of Thomas Knower is graunted to James Browne & William Stitson Gosse, & his wife, to bee brought to the next Co't, to answer things objected against them. Elizabeth Wilsmore had warrant to the Constable of Watertowne, to provide hir a place in service, or otherwise. David W" hath put himselfe to John Eead for 4 yeares, from the 12th. of this p'sent Mo"1- John fox hath put himselfe App'ntise to James Evrell, for 6 yeares, from this p'sent clay. Knowcrs estate. Wilsmore. Williams. Read. Jfox. Everell. At a Quarter Co't at Boston y° 1st. of the 1". Mo"1. ££f£. Present. M'. Governo'. M'. Winthrop. M'. Dudley. Increase Nowell. Mr. Bradstreet. M'. Ballards estate. M'. Timothy Tomlins, & Thomas Elington were graunted administration of the estate of M'. Ballard, & they are to dispose of the Children, & their estates. George Story vpon his miscarriage was comitted, Story comitted. &c. b ,..„,,-, c & after vpon his submission, & acknowledgement ot his fault, hee was discharged. Charlestowne delivered in a transcript of their Charlestowne. Lands. Sudbury ad in a transcript of their Lands. Dedham LandB. Dedham delivered in a transcript of their Lands. 118 RECORDS OF THE COURT OF ASSISTANTS Malachy Browne had six shillings 8. pence Costs Browne. Perry. gravmte(i against francis Perry, for warning him to appeare, & not prosecuting him. Mr. Trerice fine jj/. Nicholas Trerice || his fine || of forty shillings is remitted him. Thatcher, Coiiaine, Peter Thatcher for plotting Piracy was comitted, Allen, Barton, whipt. & ^ ^ ^.^ . Matthew Collaine, Robert Allen, & Marmaduke Barton, were whipped for concealing the plot of Piracy. Shermans fine remit. Samuel Sherman is remitted his fine of 20s. Henry Singleman is bound in 20,b. to bee of good singieman, ffueii, behavio' & to appeare at the Quarter Co't in the 7th. Mo*. 1642. & Samuel fuell is bound in 10,b- for the good behavio' & appearance of Singleman. James Hawkins for prophaining the Sabbath hee aw ns w ip . ^^^ censured to bee whipt, & bound with his Brother Thomas Hawkins in 40Ib. to appeare at the Generall Co't, & answer for venting his corrupt Opinions, & to bee of good behavio' till then. Elizabeth Sedgwicke for hir many theftes, & lyes Sedgwicke for theft, was censured to bee severely whipt, & condemned to whipt. &c. slavery, till shee have recompenced double for all hir thefts. Pesons banished. Pesons, or George the Indian, was banished not to come among the English after a weeke. Mincarry admonisht. Mincarry, the blackmore was admonished, & dis- &c. . , missed. Smith admonisht. John Smith was admonished & dismissed. coles restitution. Susan Cole was enjoyned to make double restitu tion. At a Co't at Boston 2S'h. 2'1. Mo'h. 1642. P'.esent. The Governo'. M'. Winthrop. Mr. Dudley.- M'. Stoughton. Increase Nowell. Barton comitted. Marmaduke Barton for his theft, & running away, was coSitted to the keeper, as a slave, till the next Generall Co't.* Thomas Briant for concealing Thatchers Plott, & Briant whipt. consenting to it, was censured to bee severely whipped. * Bee Mass. Col. Records, Vol. II., p. 21. OF THE MASSACHUSETTS BAY. 119 Jackson. Elisha Jackson was with his oWne consent turned over for his time, from George Barrell, to John Millam. The 12th. 3d. Mott. 1642. Present. The Governo'. M'. Winthrop. Increase Nowell. Woodcocke whipt. Jonn Woodcooke for his many miscarriages was censured to bee whipped. [See below after the next four courts for records of courts from June 7 to Dec. 6, 1642, misplaced "in the Library copy.] At a Co't at Boston 20th. 12"\ Mo,h. 1642. Present. The Governo'. M'. Dudley. M'. Bellingham. Increase Nowell. Chadwickes fine discharged. Whittney fined. Story discharged. Chariestownes ' Constables allowed. Mr. Ruck. Stow. Charles Chadwicke is discharged of his fine of 3s. 4d. & John Whitney the Constable is fined 2d for not warning him. George Story appearing is discharged of his Bond for appearance to answer Capteine Keayne this Co't* It was ordered that the Constables of Charles towne should bee allowed 9lb. 12s. 8d. for the charge of A M'. Thomas Eucke, & John Stow appearing, were appointed to appeare at the next Generall Co't, to give in their finall answer about the 50:b- comitted into their hands. [279] It was Ordered James Davies should have 3lb. Davis. Kempe. 12s. . for keeping of John Kempe for 12. weekes, at six shillings p weeke. Mary Hoare was Ordered to pay John Eead 10s for hir theft, & trouble of him. It was Ordered that Jacob Chapman should bee allowed 15s. for 9 dayes travell, & 2*. 6J. layd out of purse. Order was sent to the Constables of Hingham, that M's- Strainge & hir child should bee supplied * See Mass. Col. Records, Vol. II., p. 51 ; also Winthrop II. p. 69. Hoare. Read. Chapman payd. ;M». Strainge Hingha. 120 RECORDS OF THE COURT OF ASSISTANTS according to their necessity that they may bee comfortablie mainteined by the helpe of such worke, as shee is able to doe, & hereof not to faile, as they will answer it. It is conceived John Stiles should be allowed Stiles allowance. ^.^ ^^ ^ ammm for ^ time hee r-time hee"| hath served, & twenty shillings, for being turned away in winter, vnpro vided. It is conceived that Thomas Marvin should bee allowed nine pound p annum for the time he served, & twenty shillings, for being turned away, in winter, vnprovided, & 40s. for the 8. wolves killed. Marvin allowance. The 16th- of the 12th. Mo'h. 1642. Present. The Governo'. M'. Bellingham. Increase Nowell. Daniel Owles comeing before vs, for drinking part of severall pints of wine, with William Wil- loughby was fined ten shillings. William Willoughby for beeing distempered with wine, & mispending his time, & neglecting both pub lique, & private Ordinances, was coSitted to Prison to bee kept to worke there. OwlesWilloughby fined Willoughby comitted. At a Quarter Co't at Boston 7th. 1st. Mo"1- p'sent. The Governo'. The Deptie. Gov' M'. Dudley. M'. Bellingham. M'. Bradstreet. Mr. flint. Increase Nowell. M'. Nathaniel Briscoe for certeine mutinous speeches, & writings was fined 10!h& John Pescot was dismissed with an admonition. John Winter is discharged w'h an admonition. Mr. Eichard Collecot his bill of 21lb. 8*. 10' was assigned to bee paid him, & for himselfe for 18. days, 2lb. 14". & for M'. Holeman, for 18. dayes, 2lb. 14'. Briscoe fined. Pescot."Winter dism M>. Collecot payd. ' Seo WiuLhrop IT. 92, 93. OF THE MASSACHUSETTS BAY. 121 M'. Eichard Browne beeing questioned for vnmeete Browne, Boyleston's o r.,., , ... . , „ ? wife dismissed. & ultny dalliance, with Sarah now wife of Thomas Boylston, for want of full evidence, they were dis missed with an admonition. Bulls, Blithe fomic. Will™ Bull, & Blith now his wife, were fined fiDed- 20s. for fornication coSitted before marriage. stowers fined. Jolm Stowers for reading to divers ofensive passages (before comp") out of a booke, against the' Officers, & Church" of Watertowne, & for making disturbance there, was fined forty shillings. BeiiB theft. Sarah Bell for hir theft, stealing money from hir master, was censured to bee whipped, except shee behave hir selfe well, betwixt this, & the next Co't, & soe as the Co't see cause to remit it. Comish comitted &o. Jolm Cornish ™ comitted, & after was ordered to bee released vpon his owne bond, for his good be havio', & appearance, &* the next Co't. Susan Hewet, & others which sold Sarah Pell* Hewet repay. „ ., , goods were Ordered to take their goods backe, & repay the money to M'. Newgate. T[eagu] Ocrimi for a foule, & divilish attempt to Ocrimi punished. , * •»«• -..-, bugger a cow ot M'. Makepeaces, was censured to bee carried to the place of execution, & there to stand with au halter about his necke, & to bee severely whipped. Eobert Wyar, & John Garland beeing indited for ¦whipl,' &M'. Norton. Penti- Pentecus, beeing formerly chosen Constables of -constabiee. Charlestowne, by the Towne, did take their Oathes ;¦; , to discharge that Office. * So in the Library copy. 122 RECORDS OF THE COURT OF ASSISTANTS At a Co't at Boston, the 27th. 2d. Mo'\ 1642* Present. The Governo'. M'. Deputie. M'. Dudley. M'. Bellingham. M'. flint. Increase Nowell. An Inventory of the estate of Edward Wood deceased, was delivered in, & an account how the Children are disposed of, which the Co't doth approve. Eichard Taylo' beeing enjoyned to appeare at IaJ!l0'fd™,°DUhed the next Co't to answer for his rude & vnmeete & dismissed. speeches, hee was dismissed with an admonition. Neano" 'r^' Henry Neale appearing, his servant Henry witnesses. Hobson was freed from him, and put [280] to another, & Henry Neale was enjoyned to pay all the wit nesses, & deliver vp all bonds, & soe all things were ended betweene them. Henry Hobson is put to Goodman Thomas Meakins for the rest of his time, for 4'b- p annu and vpon his good behavio' to have 2s. 8d. at the end of his time. John Stone, & Joseph Armitage, vpon a warrant stone, Armitage f rQm josnuah Hubbard had ten shillings cost graunted costs graunted. ° ° them, against Joshua Hubbard for not prosecuting. 0 Daniel Owles is put to Serjeant William french ffrench. for a yeare, & then to bee brought againe to the Co't, to have further consideration had of the case, whether Serj' french had sufficient recompense for the losse of his servant, Edward Walldo, whom Owles concealed, plotting to run away, & coun- celled thereto. Eichard Smyth concealing his knowledge of Edward Waldo his intent of running away, is bound in ten pound to appeare at the next Co't. Eobert Wyer is put to Leonard Bowtle, with his Wyar to Bowtle. - , , . Masters consent for the rest of his time. Browne whipt. William Browne for running away, deriding an Ordinance of God, refusing to give account what hee had learned, & refusing to obey [his] master, was censured to be severely whipped. Eobert Mindam appearing haveing bin imprisoned Mindam discharged. , , _^ vpon an attachement by M'. Campian, vpon pretence *This should bo 1643. liellloghum was Governor 27 April, 16-12. Thomas Flint was first chosen an Assistant IS May 1642. OF THE MASSACHUSETTS BAY. 123 of a debt of 35lb. to M'. Trerice, he was discharged, because noe action is entered, nor none appeareth to prosecute. Quick whipt. Thel6'h. 3d. Mo'h- Eichard Quick for beeing dis tempered by drinking wine, & for his idlenes, stub- bornes, & dalliance, was censured to bee whipped. Edward Eoberts was appointed to pay 12''. for drinking to Eichard Quick. John Perry for running away was censured to bee whipped 17th. 3d. Mo*\ John Harding, & John Hollister beeing chosen Constable of Weymouth, did take their oath to that place apperteining. 23. 3d. Mo'h. M'. Baker of Ipswich is allowed to keepe an Ordinary insteed of Goodm. Andrews. Edward Goodnow beeing chosen Clearke of the Band did take his Oath 5th. 4th. Mo*. M'. Edward Tomlins beeing chosen is allowed Ensigne at Linn. M'. William Tory is appointed Ensigne at Wey mouth. Edward Johnson is appointed to traine the Com pany at Wooborne. Roberta fined 12*. Perry Whipt. Harding. Hollister; Weymouth Con stables. Baker Ordinary keep.Gooduow Clarke of ye Band. M'. Tomlins Ensigne. to. Tory Ensigne. Johnson. The 7lh. day of the 4th. Mo'h. 1642* p'sent. The Governo'. The Deputie. M'. Dudley. M'. Bellingham. M'. Bradstreet. M'. Stoughton. M'. flint. Increase Nowell. Dedham delivering in a transcript of their lands, the Co't gave Mr. Allen leave to have the transcript backe againe. The other Townes, to wit Boston, Dorchester, Braintree, & Watertowne, had time graunted them till the 4th. Mo'h. 1643. M'. Edward Paine vpon his appearance was dis charged there beeing noe Action entered by Clement Campion, and M'. Paine was graunted 6". 6d. costs against Clement Campion. This aud tho four following records were misplaced in the Library copy. See above under 12* 31 Mo. 1642. Dedham Lands. Forbearance. to. Paine dis charged. Costs graunted. 124 RECORDS OF THE COURT OF ASSISTANTS Edward Wood was fined 8s. for baking wheat Wood fined. ° meale contrary to order. Scott & hie wives Thomas Scot, & his wife for coSitting fornication punishment for before marriage, were enjoyned to stand an ho.'e vpoii1 the 16th. p'sent, in the market place, with each of them a paper with great letters, on their hatts. Thomas Morrice his will was delivered [in] vpon Morricewiii - ^ testified by Edward Woolastone, & William delivered, &c. J Hudson. Whitmore* dismissed. Thomas Whittamore because of his sore leg was dismissed with an admonition. Concord delivered in a transcript of their Lands, concord transcript but vnsubSCribed, which not beeing according to Order, imperfect. ' - ° ° ' was delivered backe againe to them to perfect. Anne Keayne for hir grosse failing in not testi fy1"5 om , fying the truth, when shee was called vpon oath shee was coSitted to the Keeper, & vpon hir petition, & confession of hir fault, she was released. Jonathan Bosworth for discountenancing a witt- Bosworth hound, & neg was coSitted till hee find sureties:' Samuel to find suretyes. 7 ' Ward, & Nicholas Jacobs were bound in 10Ib. a peece for Jonathan Bosworth his good behavio', & appearance at the next Quarter Co't, & Jonathan Bosworth himselfe was bound in 20lb Eliz: Strainge vpon acknowledgment of hir Ehz: strainge sincereA, A with an jnjunction to acknowledge hir sin publiquely at Hingham, & that to bee certified by the Constable, shee was dismissed with an admonition. William Jones vpon his acknowledgment here, beeing enjoyned to acknowledge the like Publiquely at Hingham, with an admonition, & an injunction to pay the witnesses 5s. a peece, he was dismissed. M'. Eichards is abated twenty shillings of his Richards fine abated. _ fine. [281] John Long Gent, for his misdemeanoT, dis- Mr. Long fined. temper in drinke, swearing & cursing was fined twenty pound, & to put in sureties before his departure. Thomas Wilson his fine is respited till the end respited. °f tne second Moneth 1643. and Anthony Staniard * So in the Library copy. OF THE MASSACHUSETTS BAY. 125. is. bound in twenty pound for the payment of Thomas Wilsons fine. Morrell fined. Isaac Morre11 was nned »9 f°r his absence, which hee is to pay to the rest of the Jury. Powell surveyor of Nicholas Powell is appointed Surveyo' of the Armes for Dedham. Mr. Longs damage. Ii; was Ordered that M'. Stodder should have three pound of M'. John Long, foi himselfe, & ten shillings for the rest of his Company, for the trouble, & danger they susteined by M'. Long. At a Small Co't at- Boston, the 28th- of the 5th. Mo"1. 1642. p'sent. The Governo'. M'. Dudley. M'. Stoughton. Increase Nowell. Henry Smith not appearing (beeing warned by the Governo'.) A Stephenson liberty Margeret Stephenson is judged at liberty to be graunted. married to Benjamin Scott. Kempe cared for. Tne Constable of Eoxbury was Ordered to take. care of John Kempe, servant formerly to Isaac Morrell, both for his maintenance, & cure, till the next Quarter Co't, and then further order should bee setled. The Co't thought meet Dermondt Matthew should Matthew to worke. ,bee set to worke by such, as have occasion to imploy him, vntill his M'. shall appeare, & take co'se about him. Katherin Bradley is graunted administration of istracon fcc.™ " *"r husbands estate, who gave hir all his estate, only some cloathes, & tooles to his brother. At a Quarter Co't the 6'"- of the 7th. Mo'\ 1642.* p'sent. The Governo'. The Deputie Gov'. M'. Dudley. M'. Bellingham. Mr. Saltonstall. M'. Stoughton. M'. Bradstreet. M'. flint. Increase Nowell. - George Eoberts was coSitted to the keeper for Roberta comitted. ...... . , , , , his- ill carnage, but after had leave, to goe take care of his corne, beeing it lay vpon spoyling. See below, Part III., for a record of this date. 126 RECORDS OF THE COURT OF ASSISTANTS Cooper. Hubbard. Converse constable. Bosworth discharged. Sever fined. The Elders advice desired. Thomas Cooper, & Joshua Hubbard Constables of Hingham. Edward Converse Constable of Wooborne. Jonathan Bosworth is discharged from his bond. Eobert Sever for his miscarriage in neglecting the watch, is fined twenty pound which the Co't doth respite. Severall of the Members of Hingham, vpon admonition of the Co't, did refer it to the Co't, to speake to the Elders to consider the case, & to send some of themselves to see, if it may please the Lord by advise to helpe to reconsile their differences, and settle them in a way of Christ. M'. John Wooldrige was fined 3Ib., & enjoyned vpon paine of 5"\ to acknowledge his offence, at Boston, Charlestowne, & Cambridge, reading an acknowledgment written for his drunkenesse, & swearing. M'. Edmund Batter had six shillings, eight pence cost graunted him, against M\ John Humphrey for serving him to appeare, & not prosecuting. John Lewis for running away, and breaking an house, was censured to bee whipped, & sent home to his Master. Eichard Cole was coSitted to worke for his live- ing, till a master bee found for him. William Walcot was censured to bee whipped, & kept in Prison, till further Order, for his idlenesse, & abuse of his friends. Eichard White beeing comitted for refusing to watch, vpon his submission he was released. Anne Hett for attempting to drowne hir! child was censured to bee whipped, and kept to hard labo', & spare diet. Thomas Coteree was censured to bee severly whipped, for his vnmeet dalliance with two or three girles. The Jury returned verdict about the death of Eichard Silvester his child.*^ Wooldrige fined. Batter costs graunted. Lewis whipt. Cole to worke. Walcot Whipt. White comitted rcleaB. Het. Whipt, &c. Coteree whipt. Juryes verdict returned. See Winthrop 11.77. OF THE MASSACHUSETTS BAY. 127 Part of Mo. Thyeryes estate. [282] Watts fined. Cole pat to Haward. The Governo' hath in his hands about 4lb. of the estate of one Mountsier Thyery, a french man, that dyed here. George Watts is appointed to give ten shillings in cotton woole for swearing. Eichard Cole is put to William Haward for a yeare, vpon such wages as shall bee suteable to his yearnings. At a Co't at Boston the 27th. 8th. Mo"1. 1642* p'sent. The Governo'. M'. Dudley. M'. Bellingham. Increase Nowell. (finch Gorton excused. Vnione fine respited. Widdow Merriam administracon graunted. Web fined. Comittee appointed. Samuel finch, & John Gorton, for not appearing vpon the Alarme, their excuses were accepted, and they freed. Eobert Vnnion not appearing vpon the Alarme, his fine of 5lb. is respited, till the Generall Co't. Widdow Merriam is graunted administration of hir late husband Merriam his estate. William Web for his neglect, in not carefully attending the Order of Co't about his bread, is fined ten shillings. Vpon Consideration (severall Petitions p'ferred to this Co't) It was Ordered that M'. John Smith, Mr. William Bacon, togeather with M'. John Oliver, Leivt' Lusher, & Anthony fisher, these, or any three of them whereof the said M'. John Smith, & M'. John Oliver to bee two, shall have power to take into their custody all the bookes, & writings of the said f Edward Allen, to cast vp, & to cleare the accounts, for deviding of the interests of. the severall Parties, & to pay, & receive all debts and to certify the Co't with what speed they may. The Treasuro' had order to pay M\ Oliver the sume of 12lb. for his paines about Mansfeild. John Newton, & Edward- Allen are graunted the Administracon of the estate of M'. Edward Allen. Davyd Conway servant to Wm Beamsley, for re sisting his master was censured to be whipped. * See Winthrop II. 73, 74, for mention of a civil suit at this Court. t So in the Library copy. Mr. Oliver's sume. Administracon graunted. Conway whipt. 128 RECORDS OF THE COURT OF ASSISTANTS John Neale servant to M'. Cockram was coSitted vpon suspition of felony. William Hudson was graunted six shillings, eight pence against Symon Kempthorne, for attaching, & causing him to attend, & not prosecuting. frances Pembrooke tooke hir oath, that M'. Allen, vpon his death bed gave his estate to John Newton, & Edward Allen his kinsman, & that he was then, & after in good memory, & vnderstanding. The 14th. of the 9th. Mo"1. 1642. Daniel Mansfeild is put to William Denux for five yeares from this p'sent day. Neale comitted. Hudson costa graunted. to. Aliens gift tettified. Mansfeild to Denux. At a Quarter Co't at Boston, the 6*. of the 10th. Mo"1- 1642* p'sent. The Governo'. M'. Dudley. M'. Bellingham. Mr. flint. Increase Nowell. Chadwicke.Holmes fined. Searchers appointed Charles Cadwicke,f & Eobert ' Holmes, are fined three shillings, foure pence a peece, for beeing absent, being warned. Edward Lewis, Williams, John Shear man, & George Munnings, are appointed to view the leather which is tanned in Watertowne, & to certify vpon their oathes, (& in perticular leather tanned by John Winter, for which hee was p'sented, which John Warren can testify) at the next Quarter Co't. William Shepheard for covenanting for 15Ib. wages p annum, is fined two pound. Laurence Copeland for covenanting for 15lb. wages p annum is fined; 2lb., beeing both released one halfe of the time, which was ordered to bee stayed, in John Mowers hand, and by him, to bee payd two shillings to Martin Saunders, & 3lb. 18s. to the Treasuro'. Watertowne p'sentment is referred to the next Quarter Co't. It was ordered that M'; Hibbins should bee allowed twenty pounds for his horse killed in Pu[bl]ique service. Shepheard fined. Copeland fined. Watertowneprsen'm*. Mr. Hibbins allowed. * See below, Part III., for record of thlB date. t So in the Library copy. OF THE MASSACHUSETTS BAY. 129 M'. Bartholomew cause refered. Capt. Keaynes Action defer. Weane to Gunnison. Addingtondeposition. Matthew to Dexter. Mr. Bartholomew his cause, vpon his brothers vndertaking to bee surety to answer for his brother, at the next Quarter Co't, it was referred to the next Quarter Co't : And Capteine Keaynes Action is de ferred by consent, till M'. Bartholomew doe come. David Weane by consent put himselfe to Hugh Gunnison for 3lb. 15s. till that bee wrought out. Isaac Addington did depose that Timothy Hig- genson had 6. gallons of M'. Eldreds wine, Eobert Gillam had 5. gallons, William Pearce as hee thinketh had 5. gallons, & himselfe had 5. gallons. Dearmant Matthew is put to Thomas Dexter for the rest of his time, Dexter promiseth to pay what wages Dearmant proveth to bee due, and all is referred to M'. Sadler, & goodman Armitage to heare, & end all businesses, & the 3 attach ments are discharged. It was Ordered that M'. Walton should have his goods againe, which were vn justly taken and the Arbitrato™ to end the businesse of the sow, if they can. John Lee is graunted six shillings'8. pence against Eichard Lettin, for soSoning him to appeare, causing him to attend, & not prosecuting. Martin Saunders vndertooke the Bridges, p' sented, should bee repaired, soe Braintree was fined three shillings, foure pence, & discharged. It was Ordered that M'. Euck, & Goodman Stow, should bee sent vnto, to come in at the next Co't, & should shew how they have disposed of the 50lb., or bring it in, or shew why they should not. William Davies was fined 5lb for his contempt, in keeping victualling against Order of Co't. Hingham vpon oath given, that the way is made out, is discharged. Boston is discharged, the way to Charlestowne being made good. The other p'sentments are respited till the next Quarter Co't because of the weather. The ll"1. Mo'h 1642. 5. day. Elizabeth Hasnet is put to William Wilson, for 50". wages, for the yeare. Walton have his goods againe. [283] Lee coats graunted. Braintree fined. M'. Ruck. Stow called. Davies fined, Hingham discharged . Boston discharged. pfeentmentsrespited. El. Hasnet put to Wilson. 130 RECORDS OF lUE COURT OF -ASSISTANTS wicks constable. The 12'\ day. George Wicks beeing chosen Con stable of Dorchester tooke his Oath. At a Quarter Co' at Boston the 10*. of the 4th. Mo*. 1643* p'sent. The Governo'. The Deputie. M'. Dudley. M'. Bellingham. M'. Saltonstall. M'. Bradstreet. Mr. Hibbens. M'. flint. Increase Nowell. It was Ordered that forty five shillings of the Ridwaypayd. ^^ q£ Mr_ wmiam B]aden, should bee _ payd to James Eiddway, who was his servant for his yeares provision. The Towne of Boston beeing p'sented for defect oston p'seotei . ^£ their highwaies, they had bin p'sented for A It was Ordered that M'. Oliver should have for Mr. Oliver payt . ^.g pajneg> ^ charge about the Saylo' three pound, about Mansfeild twenty shillings, about Kemp seaven pounds ; togeather eleven pounds. Eobert Heathersby appearing is discharged of discharged. his bond, & graunted 10s. costs against A James Brittaine beeing p'sented, & traversing &" •anerc8pia ^he p^entment was respited to the next Co't, and bound himselfe in twenty pounds to appeare then, & answer. William Brandon to appeare for a witnesse. ,. ^ , Thomas Layton appearing was discharged. Layton discharged. J x r ° ° Eichard Smyth beeing convented, for beeing smith comitted. priyy to Edward -^aldo his intent to run away, which was wittnessed by Blith Bull, hee was comitted to. Mills fined. George Mills for a Battery is fined ten shillings. Eichard Willis for a foule -Battery is fined 2lb- Wiiiis fined com. 1Q, ^ & coffiitted till hee pay or give suff icient security. chadbome: Low. William Chadborne, seni.o', John Low, Eobert Butcher. Affeiid. Butcher, William Afeild, John Woodward, Ambrose fined.- Leach & Sacheas Bosworth were fined 10*. apeece, for drinking too much. Ealph Golthrope is fined 10s. for beeing dis- Golthrope fined. , ,,, tempered with wine. * For previous courts in 1643 see above after the court of the 12th of the 3d month, 1642. OF THE MASSACHUSETTS BAY. 131 ffilpot adrnonisbed. Ainsworthdischarged Mr. Draintons* cause transm. M'. Stodder prsented, disch. Leake & his wife, for fornication to acknowledge. Smyth Clarke of the Band. Pemble bound. William f ilpot was admonished to take heed of suf ering drinking in his house. Anker Ainsworth beeing p'sented for taking ex cessive wages, it did not appeare, & soe hee was dis charged. M'. Draytons Cause against M'. Wannerton is transmitted to the Co't at Piscataqua. M'. Stodder beeing p'sented for selling cloth at an excessive rate, it appeared noe excesse in him, soe hee promising to satisfy M'. Paine was discharged. Henry Leake, & his wife for fornication were enjoyned to appeare the next Lecture day, at Dorches ter after the Lecture, and to acknowledge their fault. John Smyth Clarke of the Band at Dorchester. f rancis Pemble bound him in 20lb. to appeare at the next Co't, to answer for his lewd, & reproach- full speaches. The 27th- of the 5th. Mo'" 1643. p'sent. Mr. Governo'. M'. Dudley. M'. Bellingham. M". Hibbens. Increase Nowell. Rogers fined. Nicholas Sogers for beeing distempered with wine, or strong drinke, was fined 2lb. who being im prisoned is remitted to ten shillings. William Scutt for selling powder, & shot to the fo™ndi!!!i?fine0dWder Indians was fined 10Ib. to pay the halfe, when corne is payable, & the other halfe a 12. Mo'b- after, & Thomas Spaule is surety. Samuel Bacon for stealing wine, & other thinges, was censured -to be severely whipped, & to make double restitution, to M's. Hull, .& his Dame. Eobert Eogers was, for receiving stolen wine, being consenting in it, enjoyned to pay Mr. 'Manning 32s. & fined to the Countrey 40B. Miles Tompson for drinking with them, & bee ing privy, was to pay Mr. Manning 16s. Toby Davies beeing privy, & drinking with them was to pay M'. Manning 10s. Bacon stealing, whipt. &c. Rogers consenting to theft, fined &c. Tompson. navies. * So in the Library copy. 132 RECORDS OF THE COURT OF ASSISTANTS [284]" Eobert Wyar for drinking with Bacon, bee- Wyar ing privy to the taking of it, was enjoyned to pay Mr. Cooper. Manning 4s., Thomas Cooper for drinking, beeing privy to the manner of taking it, to pay M'. Manning 4s. Nathaniel Tappin for breaking, breaking into Tapping for theft, severall houses, and stealing severall thinges was cen sured to be whipped, & put to Goodman Gillam. Langley Lin William Langley beeing chosen Constable of Linn, tooke his Oath. At a Quarter Co't at Boston the 5th. of the 7th. Mo"1. 1643. p'sent. M'. Depntie Gov'. M'. Dudley. M'. Bellingham. M'. Saltonstall. M'. Pinchon. M'. Bradstreet. Mr. fflint. M'. Symons. M'. Hibbens. Increase Nowell. John Clough is fined 6s. 8a. for his absence when ciough fined. tne Jurjr was caned. Ealph Golthrop was fined 3s. for his distemp in ooithrop fined. drinkej & if he fayle in that againe, to have Cor- porall punishment. It is Ordered that vpon the Letter of Attumey Legacyes payd. shewed heare in Co't, the Legacyes should bee payd by Mr. Smyth of Springfeild to John Porter. Gawen Wilson is fined twenty shillings for forni- wuson fomicacon cation, which M'. Bozoon Allen vndertooke to satisfy fined. ' J in cotton-woole by Mr. Coitmore. George Napper was discharged, & comitted to his apper isc arge . jester, and to stay with him, soe much longer for the time hee hath bin absent. Bairstow discharged. William Bairstowe appearing was discharged. Elizabeth Vane, for hir miscarriage in abuseing miz. vane comitt. one 0f tlie Magistrates, & M™. Newgate, was comitted at the pleasure of the Co't, & vpon hir humble Peti tion, & acknowledgment, was released. ffrancis James chosen Constable of Hingham, JeameB Hingham "- . ° Const. tooke his Oatn. Eichard Gell servant to francis fellingham of Geii whipt. runing Salem, for running away was censured to be whipped, & sent to his Master, whom hee is to serve for the time hee hath lost. OF THE MASSACHUSETTS BAY. 133 John Bartlet for his swearing, theft, & drunke- Bartiet whipt. fined. nes was COmitted to Prison, & censured to bee whipped, Day comitted. ' X*. ' Gamage whipt. & fined twenty shillings. Stephen Day for his de frauding severall men was comitted. John Gammage for his swearing, drunkenes, & other prophanes, & disorder, was cen sured to bee well whipped. M'. Symons, M'. fowle, M'. Smyth, M'. Dan, & Goodman Bendall, are appointed by consent to arbi trate betweene M'. Humphrey & M'. Eobert Saltonstall. Thomas Anker payd 5s for his distemp in drinke which. A Mr. Briant Pendleton is appointed to exercise the Company at Sudbury. George Watts for his distemp in drinke, swear ing, & abusing the watch was fined 10lb. & to pay or give suficient security before hee bee released. Serjt. Wardall is appointed to traine the Com pany at Exeter. Lewis is enjoyned not to strike his servant John Lowe, & to set the said John Lowe free the 24th. of the 4th. Moneth 1644. Andrew Allen is graunted administration of his Brother Edward Allen his estate, who was killed the fourth of this p'sent Moneth. The eighth Mo"1 twelfth. Nicholas Eogers for his drunkenes, and makeing others drunke with his strong-water, was censured to bee whipped. Swiniard Lewis for his beeing drunke, was fined ten shillings which hee paid. The 19. day. Israel Hart is fined -twenty shill ings for neglecting the watch, and enjoyned allsoe to pay the two witnesses, and the oficer. The 20. day. Eichard Wood is allowed to keepe an Ordinary at Eoxbury. Thomas Burges for his distemper, was dismissed with an admonition to take heed of the like fayling. Thom. White is graunted 13s. 4d. against Andrew Belcher, for the 5lb. of powder, & trouble he hath put him to. Arbitrator. Anker fined. M'. Pendleton Sudbury.Watte fined. Serji. Wardall Exeter. Lewis enjoyned, [LewiB*] freed. Administrationgraunted. Rogers whipt. Lewis fined. Hart fined. Wood Ordinary keej.Barges admonisht. ,', White costs "graunted. !-— _ _ ' Lowe? 134 RECORDS OF THE COURT OF ASSISTANTS Thomas Bauldwin for his miscarriage to his Bauidwiu comitted. magter) and striking him was comitted to prison. Eobert Wright is fined twenty shillings for bee- 'L '"'"" ing twice distempered in drinke, or to sit an houre in the stocks, the next Market day at Boston. William Barnes for swearing is fined ten Barnes fined. . ... . shillings. James Kinloah appearing for want of proofe hee Kinloah discharged. wag discharged. It was Ordered that franeis Lightfoot should Lightfootpayd. ^^ ^ ^ ^ ^ Edward" Gately ten shillings, and by Joseph Armitage foure shillings, for the trouble, & attendance they caused to him. [285] At a Co't at Boston the 26. of the 8th- 1643. p'sent. The Deputie Governo'. M'. Thomas flint. Increase Nowell. Leonard fryar was fined 10s. Leonard fryar ffryar, Neime, James * Nelme, & David Wayne, all 3. are bound in Wayne, bound to 40s. apeece to appeare at the next Quarter Co't to appeare. answer for excessive drinking, & distemper. John Garland for stealing severall thinges to the Garland to make value of g. gci wag enioyned to make double restitu- restitution. J J tion. Amoid Watertowne Thomas Arnold beeing chosen Constable of const. Watertowne, tooke the Constables Oath. 3 J The will, & Inventory of William fry, to the ffryea will recorded. 7 J rl " Becorder was delivered the ninth of the ninth Moneth, the widow beeing Executrix, and the wittnesses Thomas Bayly, & John Burges tooke their Oaths. David Dauling, Mary Audleyt & Jane Jef rey, Dauiing. Audiey. f their filffi & vncieane practise, were censured to Jeffrey, whipt. •" r ' bee severely whipped. At a Co't at Boston the 5th. of the 10th. Mo'h- 1643. p'sent. The Governo'. M'. Dudley. Mr. Winthrop Jun'. M'. Stoughton. M'. Hibbens. M'. flint. Increase Nowell. So in the Library copy. OF THE MASSACHUSETTS BAY. 135 Capteine John Chadwicke for swearing many oathes, and other disorder is fined twenty pounds.* Capteine Aaron Williams for distemp in drinke, is fined ten shillings, which hee paid. It was Ordered that John Johnson the Surveyo' should take out of the Cattell which came from Provi dence, the money disbursed for that Company, & vndertaking, which is twenty five pounds three shillings, & nine pence, as p pticulers. The owners of Sudbury Mill are fined 3s. 4d. for want of Scales, & Weights, and they are to provide them, by the next Quarter Co't in paine of twenty shillings. Dedham delivered in a transcript of their Lands, and was discharged ; and for the way betweene Dedham and Cambridge, they have time till the fourth moneth next. Thomas Painter for disturbing the Church of Hingham, was censured to bee sett in stocks a Lec ture day, at Lecture time, except hee humble himselfe, and give the Church satisfaction. Abner Ardway beeing accused for dallying with Mary Giles for want of proofe he was dismissed with an admonition. John Bead for refusing to watch hee was dis missed, and the thing to bee considered. David Williams for assaulting the watch was censured to be whipped at Braintree, and warrant to George Bead, to stop out of the wages, to pay the witnesses. William Porter for refusing to watch to bee considered of. John Archer for resisting his Master was cen sured to bee whipped, which is respited. James Loranson, John Callwell, Thomas Danf ort, John Gill, and his wife, with John Pope beeing p'sented, for taking too much wages, to bee considered of. Edward Johnson beeing chosen Leivt' of Woo- borne is allowed of. Henry Merryfeild beeing p'sented for lewd speeches, is respited. John Beamis for freeing his Capt. Chadwicke fined. Capt. Williams fined. Souldiers charges disbursed. Sudbury Mill fined. Dedham transcript accepted. Painter stockt. Ardway accused, dismissed. Read dismissed. Williams whipt. Porter considered of. Archers whipping respited. Too much wages considered of. Johnson chosen Leivtenant. Merryfeild respited. Beamis fined. * See Winthrop II. 1-19, 130. See also Mass. Hist. Socy. Coll. 5th Ser., Vol. 1, p. 492. 136 RECORDS OF THE COURT OF ASSISTANTS Mr. Broughton dismissed. Barnard fined. servant against .Order, was fined ten shillings. M'. Broughton is dismissed, hee beeing not respondent for it. John Barnard for his daingerous well, is fined and enjoyned to make it safe with [in] 28. dayes, vpon paine of 40'. Henry Adams beeing chosen Constable of Brain tree, tooke his Oath. Ealph Golthrop for beeing againe distemped with drinke, was censured- to bee whipped, which if hee bring sureties for his good behavio' and pay twenty shillings, hee is discharged. Clement Campion is graunted three pounds 6. shillings, & 8. pence against John Eogers, for attach ing him, & not prosecuting. John Killmaster for beeing twice distempered with drinke was fined twenty shillings. John Betts appearing, for want of proofe was discharged. Thomas Weatherly for swearing, & quarrelling was fined twenty shillings, and to pay the wittnesses five shill ings. William Hudson Junio' is allowed to keepe an house of enterteinment. M'. Stileman appearing about the way, for want of wittnesses, was discharged. Leonard fryar, Jasp Nelme, & David Wayne forfeited forty shillings a peece for not appearing. George Wright for his attempt to vncleanes with a married woman, is bound to his good behavio' in forty pound, & to appeare at ye Quarter Co't the first Moneth, and to pay the wittnesses. William Knops wife is allowed to keepe an house of enterteinment. Eichard Osborne was graunted six shillings, 8. pence, against Thomas Turner for warning him to appeare, & not prosecuting. Capteine Aaron Williams is discharged from Capteine John Chadwicke, in regard hee swore hee would kill him, as was testifyed. Attachments were graunted against such as beeing warned did not appeare, as, Carew Latham, Eichard Quick, Samuel finch his wife &c. 10 Adams Braintree Constat). Golthrop whipt, or fined. Campi[a]o costs graunted. Killmaster fined. Betts discharged. "Weatherly fined. Hudson Ordinary Keep. M*. Stileman discharged.ffryar. Nelme. "Waine. forfeit. Wright bound. Knop ordinary keep. Osborne costs graunted.Capt. WmB dis charged from Capteine Chadwicke. Attachm1* graunted. OF THE MASSACHUSETTS BAY. 137 M'. Dnnster» Peti tion graunted. M'. Dunsters Petition is graunted him, & any two of the feofees to have power to dispose of thinges, and to receive, & pay the debts. At a Co't at Boston the 25th. of the 11th. Mott 1643. p'sent. The Governo'. M'. Dudley. Mr. Hibbens. M'. flint. Increase Nowell. Boston Const, fined Grubs fine dis charged. Moulton bound. Barnard stealing. fflint fornication fined. The Constable of Boston is fined ten - shillings for not returning his warrant. Thomas Grub not appearing upon the Jury is fined 5s. this - is dis charged. Thomas Moulton for his light carriage, is bound in ten pound to bee of good carriage, and to appeare at the next Co't. [286] Bridget Barnard for stealing from M'. Stodder yards of ribben 3s. 24. douzen of buttons, 4s. from William Knop senior \ yard of bayes 1". 6d. from Goodw. Button a peece of callico, 8d. & from John Trotman 2. paire of shooes 6". William flint beeing a married man haveing gotten a slutt with child is fined 20lb. whereof 10lb. is left to the Toune of Salem to bring vp the child with, and the other ten pound to the Publique, and to lye in Prison till hee pay it, or give security. M'. Treasuro' was desired to cast vp Goodm. Turners bill, & if it be found right 53lb. 15s. 6d- to allow it. David Weane is remitted 20". of the 40s. forfeited for non appearance, to pay the other 20s which George Burden vndertook to pay, within - a Month. Jasp Nelme is remitted 20". of his forty shillings forfeited, to'pay the other twenty shillings. William Chadbome appearing to answer John Shaw is discharged for the p'sent. The transcript of Watertowne Lands is respited till the Quarter Co't in the 4th. Mo'h. next. Mary Bentley for stealing [for stealing] M' Wal- tons Jewell of 11'. price, hee haveing the Jewell againe and 9s. 6d. of hir wages shee is to pay 18d. more. Co** Charges. Weanes, Nelmes fine in part remitted. Chadbome. Shaw. Watertowne Lands, 'transcript respited. I Bentley stealing. Restitution. 138 RECORDS OF THE COURT OF ASSISTANTS John Parker appearing vpon sumons from John Kendall, & Kendall not prosecuting, John Parker is graunted six shillings, eight pence against Kendall. The 2d of ye 12th. Mo'h. Hugh Mason, and George Mason. Mannings, Mvmnirlgs beeing p'sented for sealers, & searchers of sealers. Bayly to 0701 > Hiii. leather A. Eichard Bayly put himselfe for 4. yeares to Abraham Hill, from the 13. of yc 11. Mo'h. past. At a Quarter Co't. at Boston the 5th. of ye 1"'. Mo"1 |f|f ; p'sent. The Governo'. The Deputie Gov. Mr. Dudley. Mr. Bellingham. Mr. Winthrop jun'. M'. Bradstreet. M'. Hibbeng. M'. fflint. M'. Symonds. Increase Nowell. ffrost distem ered George f rost beeing distempered with wine was fined. fined ten shillings. Hart distem er d John Hart beeing distempered with wine was fine. fined twenty shillings. Thomas Cooper beeing absent from the Grand GiUam I flDed' Jury> when it was called, is fined six shillings, eight pence. Benjamin Gillam beeing absent from the Jury of Tryalls is fined five shillings. The Inventory of Nathaniel Halsteed amounting Haisteeds inventory. to 2131b. 13s. 2d. was p'sented, & it was ordered the his eldest son r ' Administrator. eldest son should have 106,b 10s & the other 2. children, 106lb 10s, & the eldest son William is graunted to bee administrate'. fryars forfeiture Leonard fryar his forfeiture is remitted, & hee remitted for dis- js fine(j 15* f or distemper in drinke, & disorder. temp fined. . Carew Latham is fined 10s. for his disorder, & BatiMwin.^nTd0.11' dismissed. Edward Johnson jun' for imoderate drink ing was fined 5s., & dismissed. John Bauldwin for excessive drinking, was fined 5s., & dismissed. /{ Anne Clarke beeing deserted by Denis Clarke hir divorced" ° husband, & hee refusing to accompany with hir, she is graunted to bee divorced, his refusall was vnder his hand, & seale, which hee gave before M'. John Winthrop jun' Mr. Emanuel Downing, Mr. Nehemiah Bo'ne, & Eichard Babington, alsoe hee confesseth hee liveth in adultry with one, by whom bee hath had 2. & refuseth hir which hee had 2 children by. I 7 OF THE MASSACHUSETTS BAY. 139 Wright discharged. George Wright aPPearinS & testimony of his good carriage hee was discharged. John Milam appearing, & declaring hee had the cloth of M' Stoughton for 9s. hee was discharged. „ t-> . w -,a * a ^r- Thomas Dutchfeild for distemper in drinke Mr. Dutchfeild fined. . r is fined 10s. & admonished, & dismissed. Amedowne. Harris. Eoger Amedowne was enjoyned to pay 2s. 6d. fees. admonished, & discharged. John Harris to pay two3. 6a. fees, was admonished, & discharged. James Brittaine beeing found guilty of adultery for adnitery ctton.am w*tn Mary Latham, he was condemned to death. demned. Mary Latham beeing found guilty of adultery with James Brittaine, she was condemned to death* Tayio* Eebecka the wife of John Taylo'A Stephen Betson for his sinfull attempt hee was bound to his good behavio', & enjoyned to appear ye next Co't. Nathaniel Smith for his theft was ordered Smith theft fined. „ „ , . , „ to pay Capt. Sedgwicke 49s. & fined 20s. for his intempate drinking. Vpon releasment of John Stow, Concord men 222W" cs1100^ are graunted Power to seize the 222. acres of Land, & hay, & debts due by any rent of the said Land. Moulton discharged. Thomas Moulton appearing was discharged. ' ' It was Ordered that John Eichardson should be Be^nestre^TfT m sequestred from Elizabeth fryar, to whom he was ffryar. married, ye 12th. of the 8"1. Mo"1., & neither to meddle with hir Person, nor estate, till thinges bee cleared by advice from England, & Christop. Lawson is to keepe 5s. p weeke out of his yearnings, when :his debts are paid. f rancis Smith is graunted his bill of 2lb. 3s. lld. for ferridge, & horse pasture, of Magistrates, & Deputies horses from the 25'". of yc 2d. Mo'h. 1642, to the 5th. of the 1st. Mo'h. ,j-£|f; [287] James, & John Merricke for drinking intem- Merrickes fined: perately, and suf ering others to drinke at their house, & selling wine, are -fined 10s. apeece, & to pay Shee"' fincd' 2** ^d- aPeece> fees- Thomas Orton for intempate drink ing is fined 5s. & 2s. 6d- fees. Thomas Sheepe for in tempate drinking is fined 5s. & 2'. 6d. fees. * See Winthrop II. 157. 140 RECORDS OF THE COURT OF ASSISTANTS The 23: of the 3d. Mott. Barnabas fawer tooke the oath for Constable for Dorchester for the yeare ensueing. The 30th. day. Thomas Eichards, & William Eead beeing chosen Constables of the Toune of Waymouth did take their oathes. John Johnson, & William Parks are appointed a Gomittee to examine, by the former Commissiono'8 or otherwise, to find out, gather vp, & receive into their custody, which hereby they are Authorized to doe, & to certify how they find thinges about M'. Samuel Cooke his estate. (fawer. norcheeter Constable. Richards. Read Waymouth Co. Johnson. Parks. Comittee M'. Cookee estate, INDEX. INDEX. Abbot # Daniel, " departed to New Providence" 85 John, death of, Mathewe Bridge to answer for, 66 Abel or 1 Abell I Joane, discharged (presented for drunkenness) 105 Robert, discharged for want of witness 79 business of, referred to Mr. Stoughton 94 Abuses, power of Justices of Peace for reformation of, .... . 3 Abusive Language. (See Crimes, &c.) Accidental Death, jury's verdict as to death of Austen Bratcher . . 7 Action or Actions. civil, order as to . 2 of Battery, jury impanneled to inquire concerning, (Dexter against Endicott) 15 civil, Court of Assistants for, referred to in note 40 libel, Angell Hollard fined for, 72 molestation, unjust, damages to Richard Cooke against Thomas Robinson, 86 Adams Edward, enjoined to return to his wife . Ferdinando, discharged Henry, sworn constable of Braintree Richard, &c, Grand Jury Addington, Isaac, deposition by, as to Mr. Eldred's wine Adulterous Carriage ">,„,-." „ -, . \ (See Crimes, &c.) Adultery ) Affeild, William, &c., case of, (drinking too much) . . . . 130 Aggawam warrant to be sent to, (Order as to Plantations) .... 4 Sagamore of, banished from coming into any Englishman's house for the space of one year 17 no person shall plant or inhabit at, without leave, &c. except; &c Tho: Sellen granted leave to plant at, . . . John Shotswell fined for drunkenness at assessed to defray public charges to send in their money for three days work towards the Fort, 105 84 136 70 129 3132343738 144 INDEX. PAGE Aggawam, continued. to be called Ipswich .......... 47 Sagamore of, complaint by, as to damage in his corn by the swine of Charlton 49 (See also Ipswich.) Ainsworth, Anker, case of, (taking excessive wages) 131 Alcock or-i Alcocke J , Mr. &c , difference between Newton and Charlestown referred to, 29 George, &c, agreement signed by, (as to bounds of Charles Towne and Newe Towne) 23 Mr., &c, gift towards the Sea Fort 42 will of, given in, &c. . 102 Alewives, order as to selling ... ..... 43 Aleworth , Mr., &c, to be sentto England as " unmeet to inhabit here," . 10 Lieutenant, granted liberty to return to England ... 28 Frauncis, Mr., chosen lieutenant unto Capt. Southcoate ... 18 Allegiance, oath of, (See Oath.) Allein. (See Allen.) Allen or Allein , Mr., his strong water to be delivered to the Deacons of Dor chester for the benefit of the poor 26 mentd (case of Mr. Barnard) 94 Mr., to have the Dedham transcript back 123 Mr., oath by Frances Pembrooke as to estate of, 128 Andrew, granted administration on estate of his brother Edward . 133 Bozoon, Mr., to satisfy for Gawen Wilson's fine . ... 132 Edward, committee appointed as to affairs of, .... . 127 &c, granted administration on estate of Mr. Edward Allen . 127 Mr., administration on estate of, &c. .... 127-8 a kinsman, &c, Mr. Allen gave his estate to, (Oath by Frances Pembrooke) 128 administration on estate of, ...... . 133 Henry, fined for drunkenness . . ..... 94 Joane, and Clem'. Briggs, Mr. Tho. Stoughton fined for taking upon himself to marry them 10 Ralfe, fined for releasing a servant before time . . .84 Robert, fined for absenting himself from Court as a witness . . 33 and Margaret Seale, indicted for adultery .... 66 found guilty of adultery 70 &c, whipped for concealing a plot of piracy .... 118 Thomas, Mr., discharged 90 William, land of, ment"1. (grant to Mr. Skelton) 24 Allerton or Allirton Isaack, Mr., to make a payment to Mr. W". Dennison ... 47 Allirton. (See Allehton.) INDEX. 145 Almt William, fined for taking Mr. Glover's canoe without leave fined for not appearing at Court, and to bring inventory of goods of Edw. Johnson Ensign Jennison &c. to make a payment to, and Robert Way to serve him and David Johnson, judgment in suit ..... Amedowne, Roger, to pay fees, admonished and discharged Ammunition j (See MlL1TART Affairs.) Ancient i Anderson Robert, fined and imprisoned for contempt ...... Mr., order as to goods of, in hands of Samuel Maverick -, Mr., sale of Mr. Gurling's land to, confirmed .... Goodman, Mr. Baker of Ipswich allowed to keep an Ordinary instead of, Joseph, &c, judgment against Thomas Bushrode for not prosecuting, Robert, of Ipswich, debt due from, mentd. (Inventory of goods &c. of Joseph Avery) Tho: &c, sentenced to be whipped, for assisting in stealing from the Indians William, to be whipped and delivered up as a slave for assaulting his master, conspiring &c Willi: , who was committed to slavery, released, to make a payment to Henry Coggan, and to serve Mr. Endecott Anker, Thomas, case of, (distemper in drink) Aplegate t who owned the canoe from which three persons were drowned to appear in Court Elisabeth, wife of Thomas, to stand with her tongue in a cleft stick for swearing, &c Thomas, his wife Elizabeth to stand with her tongue in a. cleft stick for swearing, &c &c, discharged with an admonition as to too many in a boat to receive a payment for his canoe, .... Apleton , Mr., Richard Saltonstall, &c, order as to agreement between &c. accounts between, mentd. Apprentice Lucy Smith bound an, . .... Sarah Morley apprenticed to Mr. Nathanaell Turner . John Smithe bound an apprentice to Mr. John Wilson Joshua Harris apprenticed to Frauncis Weston . John Fox apprenticed to James Evrell .... 16 46 6161 139 66 68 73 123 82 58 19 78-79 87 133 64 648181 6465 172225 41 117 146 INDEX. Archer Henry, &c, referred to Ipswich Court ....... .83 John, case of, (resisting his master) ....... 135 Archives, State, Records of Colony of the Massachusetts Bay in, 1 Records in, .115 Ardway, Abner, dismissed with an admonition (dallying with Mary Giles) . 135 Armitage , Goodman, case referred to, (Dearmant Matthew and Thomas Dexter) 129 Joseph, &c. , costs against Joshua Hubbard for not prosecuting, . 122 to pay four shillings to Francis Lightfoot . . - . 134 Arms. (See Military Affairs.) Arnold or Arnoll Richard, of Wenetsem', admn. on goods &c. of, granted to William Stitson 35 Thomas, sworn constable of Watertown ...... 134 Arnoll. (See Arnold.) Artificers, &c. order as to wages of, 12 Aspinwall or Aspynwall , Mr. &c. gift towards the Sea Fort ...... 42 and Sir Wm. Brewerton, depDB. to be taken in case between, 48 William, &c. jury, as to death of Austen Bratcher .... 6 Assault. (See Crimes, &c.) Assessment, Rate, Tax, Public Charges &c. houses to be built for ministers at the public charge .... 1 allowance made to Mr. Patricke &c. at the public charge ... 4 for maintenance of Mr. Pattricke, &c 6 Mr. Wilson, &c 9 for making the Creek at Newe Towne ....... 16 Governor, &c. to let all Islands to help towards public charges . . 17 for palisade about the Newe Towne ....... 20 any planter trading with Indians for beaver to pay towards the public charges 23 for maintenance of Capt. Underhill, &c. . . . . . .31 Cart Bridges 34 Public Charges 57. order as to rate on Mr. Dumer's estate in Rocksbury and Saugus . 39 rate for cattle of Mr. Downing . ...... 40 constable of Dorchester fined for not returning his warrant for the last levy 50 rate to be repaid to Robert Moulton by the town of Salem ... 65 Assistant or Assistants to direct the Beadle to issue summons &c. in Civil Actions, order as to, 2 justices shall not inflict corporal punishment without consent of, . 3 INDEX. 147 Assistant or Assistants, continued. Capt. Endicott took the oath of an assistant, 7 Sept., 1630 . any, not present at opening of the Court (8 a.m.) to be fined no person shall plant within the limits of this pattent without leave from the Governor, &c. license from the, as to selling corn, &c and Justice of the Peace, Isaack Johnson, Esq., .... Sir Rich: Saltonstall fined for whipping persons without the presence of another Assistant resident at Boston, business concerning Mr. George Ludlowe to be re ferred to the, (order as to) order in regard to number of Assistants license from, mentd. (Order as to travellers) (Order as to persons buying corn &c.) &c, to let &c. all Islands to help towards public charges, every Assistant shall have power to grant warrants &c. Capt. Endicott took the oath of an Assistant any, shall have power to give orders as to levying fines (Order as to use of tobacco) no wood shall be felled for palings but such as shall be allowed by the Assistant Mr. Endicott takes oath as Assistant certificate from, mentd. (Order as to Military Affairs) Idlers to be taken before the, advice of, mentd. (Order as to surveying houses, &c.) Mr. John Winthrop, junr. took oath of an Assistant John Humfry, Esq. " " " " &c, case heard by, 2 June 1636, referred to in note oath of, taken by Mr. Richard Saltonstall Mr. John Winthrope, jun'. Thomas Flint chosen an Assistant, 18, May, 1642 (See also Magistrates ) Assistants, Court of, or Quarter Court ("Particular Court "I I Small Court > Records, 23 Aug. 1630, . . to be held at" the Governors house, 7 Sept. 1630 ..... the first Tuesday in every month (question propounded) to estimate charges for entertainment by the Governor (mem°.) 7 Sept. 1630 • • 7 Sept. 1630 Capt. Endicott took the oath of an Assistant in, to be held every third Tuesday at the Governors house fines imposed upon members absent at opening of the Court, 28 Sept., 1630 absence from, Sr. Rich: Saltonstall fined for, 19 Oct. 1630, (Walter Palmer to answer for manslaughter) . 9 Nov. 1630 . • - • • • 10 1215161717 24 2828 33 363745 4647 6266 77 122 148 INDEX. Assistants, Court of, continued. 30 Nov. 1630 9 meeting of Assistants in December, 1630, mentioned in note . . 10 1 March 1630-31 10 no Indian to be servant without license from, ..... 11 8 March 1630-31 . 11 number of Assistants necessary to hold a Court &c 12 22 March 1630-31 12 12 April 1631 13 3 May 1631 14 John Norman, sen'., fined for not appearing in, . . . . .14 3 Nov. 1635. rnentf1. in note 15 14 June 1631. 15 5 July 1631 -16 Acts of, to be authentic if they pass only under the secretary's hand . 17 26 July 1631 17 16 Aug. 1631 ... 18 6 September 1631 19 27 September 1631 . . 19 18 October 1631 19 meeting of Assistants, 3 Feb. 1631-2 20 meeting of Assistants Feb. 17 & March 5, 1631-2, mentioned in note . 21 6 March 1631-2 21 to be held on the first Tuesday in every month . . . . . 21 Tho. Knower punished for threatening the Court . . . . . 21 3 April 1632 21 5 June 1632 23 3 July 1632 24 meeting of Assistants August 3, 1632, mentioned in note ... 25 7 August 1632 25 4 Sept. 1632 26 3 October 1632 27 7 November 1632 28 meeting of Assistants December 4, 1632, mentioned in note . . 30 4 March 1632-3 30 finding fault with, Thomas Dexter sentenced for, .... 30 meeting of Assistants, 4 Dec. 1632 referred to in note, ... 30 1 April 1633 31 HJunel633 .... 32 2 July 1633 33 6 August 1633 . . -34 3 September 1633 34, 57 1 October 1633 . . . 36 5 November 1633 38 meeting of Assistants, 17 Jan. 1633 (cancelled) 38 4 March 1633-4 3D record of, in civil actions, referred to in note 40 1 April [1634] 42 INDEX. ] 49 -Assistants, Court of, continued. 3 June 1634, , . 45 1 July 1634 46 at Newe Towne, 5 August 1634 . . 47 6 October 1634 .... 48 upbraiding of, by Ensign Jennison, mentioned 48 speaking reproachfully of, John Lee punished for .... 49 7 November 1634 50 meeting of Assistants, Nov. 27, 1634, mentioned in note ... 50 3 March 1634 50 meeting of Assistants, 27 Nov. 1634, referred to in note ... 50 7 April 1635 52 2 June 1635 54 7 July 1635 55 i August 1635 55 1 September 1635 57 3 Not. 1635 58 action of, in case of John Pratt, referred to in note .... 58 6 October 1635 59 meeting of the Magistrates Jan., 1635-6 referred to in note ... 61 1 March 1635-6 61 5 April 1636, 62 7 June 1636. (Quarter Court) 62 [2 June 1636] (note) 62 6 Sept. 1636. Quarter Court 63 6 Dec. 1636 " 64 7 March 1636-7 " 65 6 June 1637. (Quarter Court) 66 5 Sept. 1637. " 69 particular Courts to be kept the last Tuesday in Oct., 1637, . . 69 19 Sept. 1637. (Quarter Court) 69 5 Nov. 1637. " 71 6 March 1637-8. " 72 5 June 1638 74 4 Sept. 1638 76 4 Dec. 1638. (Quarter Court) 77 5 March 1638-9. " . 81 4 June 1639. " 82 3 Sept. 1639. " 85 drawing a knife in, (Case of Thomas Gray) 57 31 Oct , 1639, Court for small causes . . . . . . 88 3 Dec. 1639 89 3 March 1639-40 .. • 91 30 April, and 29 Oct., 1640, Court for small causes . . . .92,98 3 June 1640. (Quarter Court) ........ 93 20 May 1640 95 30 July 1640 95 1 Sept. 1640. (Quarter Court) 96 150 INDEX. Assistants, Court of, continued. 1 Dec. 1640. (Quarter Court) . 28 Jan. 1640-1 .... 2 March 1640-1. (Quarter Court) 29 April 1641 .... 1 June 1641. (Quarter Court) . 29 July 1641 7 Sept. 1641. (Quarter Court) . 28 Oct. 1641, record of, referred to 3 Nov. 1635. (Case of John Pratt) Records of , . 28 Oct." 1641 .... 7 Dec, 1641. (Quarter Court) 27 Jan. 1641-2 1 March 1641-2. (Quarter Court) 28 April 1642 12 May 1642 . 20 Feb. 1642-3 . 16 Feb. 1642-3 7 March 1642-3. (Quarter Court) 27 April 1642 (-1643?) . 7 June 1642. (Quarter Court?) (Small Court) (Quarter Court) (Quarter Court) (Quarter Court) 28 July 1642 . 6 Sept. 1642. 27 Oct. 1642 6 Dec. 1642. 10 June 1643 27 July 1643 . 5 Sept. 1643. 26 Oct. 1643 . 5 Dec. 1643 . 25 Jan. 1643-4 5 March 1643-4. (Quarter Court) Assurance of Lands, order as to . Attachments, every Assistant shall have power to grant attachments, &c. Audeley or \ Audley > Edmond, granted administration on goods of Francis Dent . referred to Court at Salem ...... Mary, &c, case of, (filthy and unclean practise) Avery, Joseph, Mr., administration and inventory of estate-Of, . page 99 102103104105 107 108 109 109115115 115 117 117118 119119120120 122123 125 125127 128 130131 13213413+137138 45 17 82 S3 131 58 Babington, Richard, mentd. (Divorce of Anne Clarke) Bachiler. (See Batchller.) Bacon Daniell, costs against Rich. Neve for not prosecuting, Mighill, sen'., discharged ..... 138 101 io:> INDEX. 151. acon, continued. Nicholas, attachment against cattle of, for payment of rent to John Coggan Samuel, case of, (theft) Robert Wyar, &c, fined for drinking with, William, Mr., &c, committee as to affairs of Edward Allen aggeb.lt or Beggarly, Baguley , Mrs., consent by, to division of goods &c. of Mr. Skelton Rich4, and wife, case between, for divorce, referred to in note . Thomas, case of, (seeking to get a maid without her friends consent) (selling his servants time) .... agnall, Walter, order as to inquiry concerning the murder of, iaguley. (See Baggerly.) lAIKSTOW JotBayrstow. Iairstowe i Willi: , &c, sentenced to be whipped for drunkenness . William, discharged Iakeb, , Mr., of Ipswich, allowed to keep an Ordinary, John, Mr. Clearke, ordered to make a payment to, &c, inquisition on body of Will™. Bateman upon oaths of to be whipped for shooting at fowls on the Sabbath Day damage against John Pemberton for not prosecuting, Natha:, &c, witnesses, grant to, Robert, death of, (case of Richard Hollingworth) (or Barker) William, &c, to be whipped for running away from their masters, &c sentenced to be whipped for theft . Ialdwin or Bauldwin John, case of, (excessive drinking) Richard, allowed an executor of the will of his father Sarah, allowed an executor of the will of her husband Silvester, will of, presented, his wife Sarah and son Richard exec" Thomas, case of, (miscarriage to his master) Iallard , Mr., administration on estate of, ... Willi: , hiring none but such as had lots was discharged Jalshe, John, &c, jury (Case of Walter Palmer) Jalston or Baulston William, &c, jury (Case of Walter Palmer) fined for selling beer, , . . . . Willi: , licensed to keep a house of entertainment and to sell claret, &c. Jand. (See Military Affairs.) Unishment. (See Punishment.) Urcrofte Jane, wife of John, to be of good behavior towards all persons, (recog nizance) 104131132 127 7462 97 105 25,26 63 132123 47 9 86 98 103 59 62 138 777777 134117 79 9 9 68 68 3G 152 INDEX. Barcroftb, continued. John, Mr., recognizance by, for good behavior of his wife Jane, . 36 Barker (or Baker) William, &c, sentenced to be whipped for running away from their masters, &c. 59 William, to be whipped for theft 62 Barlow George, sentenced to be whipped for idleness ..... 70 " Barlow Copy " in Boston Public Library, mentioned . . . 115 Barnard , Mr., case of, (giving strong water to certain persons) . . 94 Bridget, case of, (theft) 137 John, case of , (distempered with wine) ...... 95 fined for being distempered with wine . . . ; . 105 case of, (distemper in drinking) 107 fined for his dangerous well 136 Joshua, apprenticed to Mr. Paine ........ 26 Thomas, admonished and discharged about lace 116 William, fined for swearing 134 Barrell, George, Elisha Jackson "turned over for his time from," to John Millam 119 Barsham William, &c, viewed the body of Austen Bratcher .... 7 Willi: , 4c, jury of life and death 70 Bartholmew i Bartholmewe J- Bartholomew ' , Mr., his servant Mary sentenced to be whipped for running away 57 cause of, referred, mentions Capt. Keayne . . . 129 Will:, &c, Grand Jury 70 Bartlet or 1 Bartlett i John, case of, (swearing, theft and drunkenness) .... 133 Robert, sentenced to have his tongue put in a cleft stick for swearing, &,c. 74 summons for, .99 discharged . 103 Thomas, servant to Mr. Pelham, to be whipped for unjust selling of his master's tools H William, case of, (drunkenness and lying) -. . ... 83 Willi: , discharged ... ... . 99 Barton, Marmaduke, &c, whipped for concealing a plot of piracy . . . 118 case of, (theft and running away) . . . . .118 Basse Samuell, fined for contempt 78 Samu: , fine remitted to 92 INDEX. 153 PASI Batcheler-1Batchiler J or Bachiler, , Mr. Bilenced as a pastor, 4c, for contempt of authority . . 27 act restraining him from gathering a Church within this pattent, reversed 30 William, &c, respited until the next Court 83 Bateman , Sergeant, goods sold by him to Mr. Pinchon, Wm. Parke to make satisfaction for, 25 William, inquisition on body of, 18 Sept. 1630 ... 7 &c, inquisition upon oaths of, ... . 7 was set on shore near Pullen Point (Oaths by Walter Nor ton &c.) 8 Bates Edward, &c. of Weymouth, difference referred to, (Welthia[n] Richards and Henry Waltham) 102 witness, (Case of ThomaB Hawkins) 116 Batte, Christopher, case of, (selling his servant his time) .... 100 Batter, Edmund, Mr., costs against John Humphrey for not prosecuting, . 126 Battery. (See Actions and Crimes.) ' Bauldwin. (See Baldwin.) Baulston. (See Balston.) Bay. The. (See Massachusetts.) Batly , &c, order to apprehend 69 Jn°. &c, sent for 69 John, case of, (buying land of the Indians) 83 Richard, put himself to Abraham Hill 138 Thomas, &c, witnesses, oath by, (Will of William Fry) . . . 134 Baybstow. (See Bairstowe.) Beadle, The, James Pen's employment to be as a beadle (Order as to ministers) . 2 summons, &c, by, in Civil Actions (Order as to) .... 2 James Pen took oath of, . 4 goods of the Company of husbandmen to be inventoried by the beadle 23 House for the beadle to be built at Boston 27 agreement as to his salary 27 process for the warning of jurors to be directed to the beadle . . 38 allowance to James Pen to build a house and order as to, . . . 38 Beamis, John, fined for freeing his servant . 135 Beamsley, William, his servant, David Conway, to be whipped . . . 127 Beaver order as to rates for 8 articles of agreement as to a general trade in beaver, order as to, &c. . 15 Chickatabut fined a skin of beaver for shooting a swine ... 16 corn shall pasB for payment of all debts except money or beaver be ex pressly named 20 no planter returning to England shall carry money or beaver with him without leave from the Governor 21 154 INDEX. Beaver, continued. any planter who trades with the Indians for beaver shall pay twelve pence 23 order as to Mr. Treasurers beaver trade ...... 27 Beck or-i Becke J Alex: , Joyce Bradwicke. to pay him twenty shillings for refusing to marry him 32 Alexander, to have corn &c. for Mary Joanes 102 granted corn for his trouble with Mary Joanes . . 107 Beecher, Thomas, Mr., &c, differences referred to 47 Beggarly. (See Baggerly.) Belcher, Andrew, Thom. White granted costs against, . . .133 Bell Sarah, case of, (theft from her master) ... . . 121 Thomas, respited ... 94 Will: , non appearance of, (Case of John Morecroft) . . 103 Bellingham , Mr., or Deputy, &c, present at Court, 65, 71, 72, 74, 76, 82, 85, 88, 89, 91-93, 119, 120, 122, 123, . 125, 127, 128, 130-132, 138 Deputy, Mr. , &c, to examine accounts between Mrs. Walcott and Edmond White 100 Governor, presentment of, referred to in note .... 103 Mr., was Governor 27 April 1642, referred to in note . . 122 Richard, Mr., &c, present at Court, 62-64,66,69 4c. to examine witnesses 4c. concerning Mr. White and Mrs. Wolcott 74 mentd. (Order as to estate of Joane Drake) ... 77 4c, (Court of Assistants) order by, (Case of John Pratt) 112 Samuell, mentd. (Will of Joane Drake) 72 Bendall , Goodman, 4c, to arbitrate between Mr. Humphrey and Robert Saltonstall 133 Edward, «5ned " 40s. to the Company " ..... 62 Benefeild. (See Binfeild.) Benjamin , Mr., 4c, land of Mr. Gurling sold by, . ... 73 John, Mr., 4c, dismissed from training by reason of age, 4c . . 50 to sell Mr. Gurling's land to satisfy creditors . . 71 account by, as to estate of Richard Gurling . . .85 Bennet or -i Bennett J Edward, and wife witnesses, (Case of Walthian Richards) . . .116 Elisa: , case of, (unchaste miscarriage) 95 John, fined for drunkenness ......... 33 attachment against, ..... .... 73 4c, referred to Salem for drunkenness 75 INDEX. 155 PAGE 137105 Bentley, Mary, case of, (stealing Mr. Walton's jewel) Beres, Richard, 4c certificate by, (Case of Mighill Bacon) Bets. (See Betts.) Betscombe, Richard, 4c, jury of life and death 70 Betson, Stephen, case of, (sinful attempt) 139 Betts or Bets John, discharged for want of evidence to prove his overselling . . 80 discharged . 13g Bickerstaffe, John, to be whipped for fornication 79 Biggs, John, 4c, at Aggawam, mentd 31 Bilboes. (See Punishment.) Bills, assignment of, to be good debt 18 Bills, Robert, administration on estate of, granted to- John Knowles . . 77 Bincks, Bkyan, 4c, bond by, (to answer when called upon to give an account of their company goods) 25 Binfeild (otBenefeild), John, deceased, order as to children of, . . 67 Bibchwood, land near Salem so called granted to Capt. Jo: Endicott . . 24 Bird, Simon, sentenced to be whipped 4c for running away from their masters 4c. 59 Bishopp, Richard, on behalf of his wife, granted administration on goods 4c. of Richard King 54 Blackestone , Mr. , Nahanton ordered to give him two skins of beaver for damage done his swine 52 William, Mr., ground near his house in Boston set out to, . . . 31 Blackmore, The, (Mincarry) mentioned 118 Bladen, William, Mr., payment to his servant, James Riddway, mentioned . 130 Blanton William, 4c, who were in a canoe from which three persons were drowned to appear in Court 78 Willi: , 4c, discharged with an admonition as to too many in a boat . 81 Blasphemy. (See Crimes, 4c.) Blumfeild John, administration on estate of, granted to his son Thomas and order as to his estate 91 Thomas, appointed adm'. to his father John Blumfeild 4c. . . .91 Boards whoever buys boards of William Knopp or his son, shall pay one half of the price to Sir Richard Silton stall, 9 4c, order for preservation of, 17" Boats order as to, 3 William Blanton 4c admonished as to too many in a boat . . . 81 Booking, John Smitheman 4c of, mentioned 96 Boggust John, 4c, to sit in the stocks at Salem 6 notice to creditors of, ........ 15 Bonito, , Capt., his master Henry Laurence discharged ... 82 156 INDEX. Boene. (See Bourne.) Boston, Town of, ordered that Trimonntaine shall be called Boston . . . . mentd. (Order as to levy for maintenance of Mr. Patricke 4c.) . order as to payment for building a ferry between Boston and Charlton mentd. (Rates for maintenance of ministers) Assistants resident at, business concerning Mr. George Ludlowe to be referred to, John Legge to be whipped in, for striking Richard Wright and Charlton, Edw. Converse to keep the ferry between, mentd. (Order as to levy for the creek at Newe Towne) a watch of six and an officer shall be kept every night at, 4c, Capt. Underbill's Company to train at, . part of Mr. Shepheard's fine to be used for paying for ferrying the watch from Boston to Charlton assessed (Order as to levy for making a palisade) . . . . House of Correction and a house for the beadle to be built at Boston . chosen as the fittest place for public meetings of any place in the Bay. neck of land between Powder Home Hill and Pnllen Point to belong to Boston inhabitants of, to have liberty to fetch wood from Dorchester Neck 4c and Rocksbury, agreed that bounds formerly set out between, shall continue assessed for maintenance of Capt. Underhill 4c ...... to fetch wood from Noddle's Island ground set out to William Blackestone near his house in Boston and Rocksbury, to pay charges for cart bridges over Muddy River and Stony River order as to finishing Fort at, assessed to defray public charges ...... market to be kept at Boston every Thursday and Rocksbury, Ensign Stoughton 4c. to settle bounds between Mr. John Wilson pastor of the Church of Boston, grant to, . Long Island, Deere Island and Hogg Island granted to Boston for twenty one years constable of, fined for not returning his warrant for the last levy Rich. Cokar sentenced to be whipped at, for enticeing servants to run away-, 4c William James to be set in the bilboes at, for incontinency, John Coggeshall of v merchant, mentd James Browne to be set in the bilboes at, for drunkenness in New England mentioned (Will of Joane Drake) Nicholas Busbey to appear at, (attachment) traverses their presentment ...... constable of, fined for not returning his jury warrant . fined for defective highways and for want of a watch house fined for defective highways 1014 16 161718 2020 27 28 2929 3131313134 353740 414344 50 51 65 67 6872 73 75 76 79 84 INDEX. 157 Boston, Town of, continued. Town of Roxbury fined for damming up the nearest way from Dor chester to Boston 84 fined for defect of their ways between Powder Horn Hill and the written tree 90 chose William Hudson to keep an ordinary 93 4c to pay charges for Muddy River Bridge 93 had time to repair their ways between Powder Horn Hill and the written tree 99 enjoined to mend their ways 106 Henry Webbe 4c constables of, granted power as to estate of Paul Yonge 107 to bring in rates of wharfage 4c 108 Church of, mentd. (Case of Francis Hutchinson) .... 109 fined for defective ways towards Roxbury 117 Robert Wyar 4c to be whipped at, 121 time granted to, 123 John Wooldridge to acknowledge his fault at, 126 discharged, the way to Charlestown being made good . . . 129 presented for defective highways ........ 130 Robert Wright to sit in the stocks at Boston for being distempered with drink 134 the constable of, fined for not returning his warrant .... 137 Court at, 20, 86, 88, 91, 92, 98, 102, 107, 125 Court of Assistants holden at, 8-10, 12-91, 23-28, 30-34, 36, 38, 39, 42, 76, 89, 91, 104,. 117-119, 122, 127, 134, 137 Quarter Court held at, . 62-66, 69, 77, 81, 82, 85, 90, 93, 96, 99, 103, 105, 108, 115, 117, 120, 128, 130, 132, 138 Small Court at, 28 July 1642 125 Public Library, copy of record in, mentd 1,115 Bosworth , Widow, and her family, order as to payment of money for maintenance of Benjamin, ordered to make a payment to Mr. Seawall . . . . Edward, and family order as to reimbursing Henry Sewall for money spent for, Jonathan, to make a payment to Mr. Seawall case of (discountenancing a witness) bond for appearance 4c discharged from his bond Nathanaell, to make a payment to Mr. Seawall Sacheas, 4c, case of (drinking too much) . Bourne (or Bobne), Nehemiah, Mr., mentd. (divorce of Anne Clarke) Bowen George, case of (not serving on the jury) ..... Griffin, 4c, jury (case of Marmaduke Peirce) .... Bowler, Mary, to make double restitution for things stolen by her Bowman, , Rich. Williams fined for drunkenness at house of, 48- 55 55 55 124124 126 55 130 138 107 89 6640 158 INDEX- Bowtle or Buttolph Leonard, case of (neglecting to obey a warrant) .... 93 Robert Wyer put to, with his masters consent . . . 122 Boylston Sarah, wife of Thomas Boylston mentd. (case of Richard Browne) . 121 Thomas, his wife Sarah mentioned (case of Richard Browne) . . 121 Boyse, Thomas, case of, (attempting a rape with Sarah Jusall) ... 81 Bradley, Katherin, granted admr. on her husband's estate andorder as to said estate 125 Bradstreet or \ Bradstreete > , Mr., 4c, present at Court . 3, 5, 8-14, 48, 50, 54, 55, 57, 62 to examine accounts (Richard Saltonstall and Edward Dillingham) 63 mentd. (accounts of Richard Saltonstall, Mr. Apleton 4c) 65 4c, present at Court 74, 76, 82, 86, 91, 96, 103, 105, 108, 117, 120, 123, 125, 130, 132, 138 Simon, (or Symon,) secretary, record in handwriting of, 1 4c, present at Court 1,15-51,23,24 insolent carriage and speeches to, Thomas Dextor fined for, . 24 4c , present at Court 25-27 sixty acres of meadow granted to, in the marsh against the Oyster Bank 28 4c, present at Court . 28, 30-34, 36, 38, 39, 42, 45, 46, 47, 50 4c, to take charge of writings left by the husband of Ruth Lockwood 51 to dispose of the estate, 4c of Edmond Lockwood if necessary, 52 4c, present at Court .... 52,58,59,61,63,64,77 secretary, writing by, referred to ..... . 109 4c, (Court of Assistants) order by (case of John Pratt) . . 112 Bradwick or ¦> Bradwicke / Joyce, to pay Alex: Becke twenty shillings for refusing to marry him 32 Braintree, Town of, enjoinedto make their pound, stocks, and watch house ... 99 inhabitants of, respited *s to bridge over Minotocot River- . . . 116 time granted to, 123 fined 129 David Williams to be whipped at, 135 Henry Adams sworn constable of, . ..... 136 Branding. (See Punishment.) Brandon, William, to appear as a witness (case of James Brittaine) . . 130 Bratcher Austen, or Austin, jury impanneled to inquire concerning death of, 28 Sept. 1630 6 who died at Mr. Cradock's plantation, his body viewed before burial 7 INDEX. 159 Bratcher, continued. Austen, death of, by strokes inflicted accidentally by Walter Palmer (jury's verdict) 7 Walter Palmer to answer for death of 7 jury impanneled concerning the death of, 9 Bread making bread too light [weight] (case of Thomas Hawkins) . . 116 Edward Wood fined for baking contrary to order . . .124 neglecting an order as to, (case of William Web) .... 127 Brecke, Edward, 4c, jurymen, fined for not appearing .... 102 Brenton, , Mr., 4c, to settle difference between John Coggeshall and Phebe Seales 67 Brereton. (See Brewerton.) Brewar Daniell, granted admn. on estate of John Greene .... 81 4c, jury, (case of Hugh Buett) 101 Brewerton (or Brereton), William, Sir, Baronet, and Mr. Aspinwall depns. of witnesses to be taken in case between 48 Briant, Thomas, case of, (concealing and consenting to piracy) . . . 118 Bribe in case of Walter Palmer mentd. (sentence of Tho. Foxe) . . . 12 Bricklayers, order as to wages of . . . . ; . 3, 5, 36 Bridg or Bridge , Goodman, 4c, to lay out Mr. Gurling's land .... 73 to hear business between John Smith and Jere my Norcross 100 John, bond by, (case of Matthew Bridge) ...... 66 4c, to lay out Mr. Gurling's land 73 to hear business between John Smith and Jeremy Norcross 100 Mathewe, or Mathew, bond for appearance to answer for death of John Abbot C6 acquitted for lack of evidence . . . .71 Bridges Saugus plantation to make and repair a foot bridge . 27 agreement as to a cart bridge over Muddy River and over Stony River 34 Israel Stoughton allowed to build a bridge over Neponset River . 43 mentd. (Dorchester presentment) 84 Town of Hingham fined for defective ways and bridge . ; 94 mentd. (order as to Roxbury and Dorchester) 99 over Minotocot River, inhabitants of Braintree respited as to, . . 116 Hingham granted time to finish the bridge over Layfords liking . 116 in Braintree, Martin Saunders to repair, ...... 129 Briggs or Brigs Clement, and Joane Allen, Mr. Tho: Stoughton fined for taking upon himself to marry them 10 fined for entertaining an Indian without leave, 4c . . 49 bond for his wif es appearance .... .72 wife of, mentioned (case of Arthur Warren) ... 72 } ICO INDEX. Briggs c Brigs, continued. Clement, wife of, enjoined not to accompany Arthur Warren . .75 found not guilty of extortion and discharged ... 79 Brigham, Thomas, 4c, jury, (case of Marmaduke Peirce) .... 89 Bright Henry, sentenced to be set in the bilboes for swearing ... 50 dismissed . 73 took oath as surveyor of arms in Watertown .... 95 Brigs. (See Briggs.) Briscoe, Nathaniel, Mr., case of, (mutinous speeches, 4c) . . . 120 " Bristowe Marchant," Ship, William Waltham fined for being drunk aboard 91 Brittain orl Brittaine / James, 4c, Robert Tucker sentenced for upbraiding .... 94 4c, bond by, (case of Gawen Wilson) ..... 115 4c, bond for appearance, 4c 130 condemned to death for adultery with Mary Latham . . . 139 Brooke, Thomas, sworn constable of Concord 8 Dec 1638 .... 80 Broughton, , Mr., dismissed 136 Browne , Mr., 4c, payment from John Simpson for not prosecuting, . 86 Jaraes, 4c, witnesses, mentd (inquisition on body of William Bate man) 8 Ja., mentd (case of William Almy) 16 James, 4c, bond by, (case of William Dixon) 57 to be set in the bilboes at Boston for drunkenness . . . G8 fined for selling strong water to the Indians .... 68 company keeping 4c. with, Benjamin Hubbard admonished for, 68 4c, jury, (case of Hugh Buett) 101 adm". granted to, on estate of Thomas Knower . . .117 Malachy, costs against Francis Perry for not prosecuting, . . .118 Richard, 4c, jury, as to death of Austen Bratcher . . .6 4c, inquisition upon oaths of, on body of William Bateman . 7 evidence by, as to debt of Wra. Knopp to Sir Richard Saltonstall 13 jury, (Dexter against Endicott) . . • -. . . 15 Mr., allowed to keep a ferry over Charles River against his house 38 4c, to take an inventory of goods 4c of Mr. Craford 4S of Watertowne, to receive a payment from William Curtis for John Jesop 71 Mr., case of, (unmeet dalliance with Sarah Boylston) . . 121 William, case of, (obscene speeches) .... . 104 (running away, deriding an Ordinance of God 4c) . 122 Browning, , Mr., case of, (selling strong water) .... 93 Brumfeild, William, case of, (stealing from his master 4c.) ... 70 INDEX. igi Buckland William, 4c. to be whipped for assisting in stealing from the Indians . 19 to make a payment to Mr. Seawall 55 Buckmaster, Thomas, being in distress is granted money and corn '. . 92 Buet -i Buets >- Buett J Hugh, banished for heresy 101 Buggery. (See Crimes, 4c) BULGAR Richard, testimony as to wages paid to, 56 4c, to make payment towards the discharge of their forfeits 57 Bulkelet Peter, Mr., granted the corn of Alexander Thwayte . . . . 94 111 Bull 4c, witnesses to answer by John Pratt -, ten pounds paid to Lt. Mason for taking of, wife of, John White not to go into company of, 34 95 121 130121 '} Blith, and her husband William, case of, (fornication before marriage) mentd (case of Richard Smyth) William, and his wife Blith, case of, (fornication before marriage) Bullets. (See Military Affairs.) Bunell or Bunnell William, 4c, jury, as to death of Austen Bratcher .... 6 Bunting, Ann, will of, given in 102 Burden, George, mentd (as to David Weane) 137 B urges John, 4c, witnesses, oath by, (will of William Fry) .... 134 Thomas, dismissed with an admonition 133 Burglary. (See Crimes, 4c) Burkbee, Thomas, watchman, imprisoned for; drinking and set in the stocks 87 Burning Ground. (See Fires.) Burr Jehu, 4c, chosen for Rocksbury (order as to cart bridge over Muddy River 4c.) 34 and Mr. Dumer, difference between, referred to a committee . 61 Burrows, John, case of, (going into mens houses on the Lords Day 4c) . 98 Burslin \ Burslyn j or Buslin , Mr., referred to Court at Salem . . ... 107 John, order as to his late servant Thomas Lane . . . . . 45 4c, jurymen, fined for absence from Court .... 74 Burt Hugh, wife of, fined for swearing 4c 83 part of fine remitted to, 4c 86 Burton Edward, fined for contempt of authority and drunkenness ... 27 162 INDEX. Burton, continued. Edward, to keep Robert Way who was assigned to" him by Ensign Gennison 48 4c, to make a payment to William Almy .... 61 Burwood or 1 Burwoode i Ales, to be whipped for yielding to John Bickerstaffe 4c ... 79 William Gurtridge enjoined to take care of, .... 87 Busbey or") Busby J Nicholas, attachment against, for non appearance .... 73 Willi: , presented for drunkenness found to have the falling sickness . 75 Bushrode Thomas, judgment against, in favor of David Phippen 4c for not prosecuting 82 case of, (defaming the Government) 86 Buslin. (See Burslin.) Bussacker or 1 Bussaker J Peter, to be whipped for drunkenness and fined f or-slighting the mag istrates 64 4c referred to Court at Salem for fighting 4c 80 Butcher, Robert, 4c, case of, (drinking too much) 130 Butterworth, Mary, and Thomas Clifton, James Parker allowed to marry . 102 Buttolph. (See Bowtle.) Button , Goodman, mentf1. (allowance to Evan Thomas) ... 97 allowed charges with Tho: Evans ...... 101 Goodwife, theft from, (case of Bridget Barnard) . . . 137 John, 4c, jury, (case of Marmaduke Peirce) ..... 89 Byford (or Pyford), Peter, 4c to be whipped 4c for running away from their masters 4c. 59 Byram, Nicholas, 4c, granted admn. on goods of Abraham Shawe . . 98 Cable, John, 4c, sentenced to be whipped for stealing .... 13 Cadwicke. (See Chadwicke.) Cakkbread, Thomas, Grand Jury ......... 70- Callwell, John, 4c, presented for taking too much wages .... 135 Cambridge, Town of, Court of Assistants at, 5 June 1638 . ... . . . . 74 fined 4c . 75 constable of, fined for not returning his jury warrant .... 76 fined for want of a watch house, pound and stocks .... 80 pound ......... 85 discharged from presentment about stopping fish ..... 85 fined for defective highways ......... 85 enjoined to repair highways at Long Swamp and Vine Brook . . 85 fined for want of stocks and for neglect of a constant watch . . 90 INDEX. 163 Cambridge, Town of, continued. fined for defective way at Vine Brook and Long Swamp to pay charges for Muddy River bridge discharged of fine as to way at Vine Brook 4c . certified to having repaired the way toward Concord . enjoined to repair the way between Watertown and Roxbury give Squa Sachim corn 4c. . fined for a defective way to Charlestown Robert Wyar 4c to be whipped at, John Wooldrige to acknowledge his fault at, and Dedham, order as to the way between (See also New Town, Town of) Campian or "1 Campion J , Mr., attachment by, against Robert Mindam .... Clement, Mr. Edward Paine granted costs against, .... costs against John Rogers for not prosecuting Cannoneer. (See Military Affairs.) Canoes order as to, taken from the Indians, (order as to punishment of Thomas Morton) . belonging to Mr. Glover, William Almy fined for taking, order as" to using canoes at ferries 4c. ....... Capias mentd. (order as to civil actions) Caping, , Goodman, mentd. (will of John Russell) .... Capital Punishment. (See Punishment.) Captain. (See Military Affairs.) Cards, all persons that have cards dice or tables in their houses shall do away with them Carpenter, William, took oath as constable of Weymouth .... Carpenters order as to wages of master carpenters ....... order as to wages of, ... . master carpenters 4c ..... Cart Bridge. (See Bridges.) Carter , wife of r admonished Richard, wife of, admonished Thomas, sen', took oath as constable of Charlestown .... - constable of Charlestown fined for not warning the jury in time Castle, the, mentd. (order as to Richard Osborne) Castle Island, Fort at, mentd. (order as to Richard Long) .... Cattle bought of merchants of Dorchester mentd. ...... owners of, to make satisfaction for damage done by them- . page 90 93 99 106106 106117121 126 135 122123136 34 16 78 2 57 12 102 35 12 36 117 107104 108 67CO 5 14 164 INDEX. Cattle, continued. mentd. (order as to Islands) neglecting to provide houseing 4c for, ment*. (order as to Thomas Coleman) 58-59 Catries. (See Chairyes.) Chadborne William, sen'., 4c, case of, (drinking too much) discharged (John Shaw mentd.) .... Chadwell, Richard, to receive witness fees from George Woodward Chadwicke or Cadwicke Charles, fine remitted to, . . . 4c, fined for being absent being warned John, Capt., case of, (swearing and disorder) Capt. Aaron Williams discharged from, . Chairyes (or Caybies), John, presentment of his wife mentd Ch alklky. ( See Cha ulkley. ) Chapman Henry, case of, (not obeying a press) .... Jacob, allowance to, for travel 4c ....... 119 John, fined for selling boards contrary to an order of Court and fine remitted upon promise 4c 4c, gift towards the Sea Fort . meadow mowed by, mentd. (order as to accomodations to Newe Towne), " Charles " (ship) Willi: Tynge 4c. to examine the books about the goods which came in, bond by Samuel Maverick for the company of, Charles River ordered that the town upon the Charles River be called Watertown Mr. John Maisters hath undertaken to make a passage from Charles River to the Newe Towne land on west side of, granted to Thomas Dudley Esq. . land up Charles River granted to Mr. Phillips ferry over, Mr. Richard Browne allowed to keep, land above the Falls on, granted to Thomas Dudley 4c land near Mount Feakes on, granted to John Oldham . mentd. (agreement as to bounds of Watertown and Newton) CharlestownCharlestowCharlton J. Town of, Court of Assistants holden at, 23 Aug. 1630 .... 7 Sept. 1630 28 Sept. 1630 .... mentd. (order as to levy for maintenance of Mr. Patricke 4c) inquisition at, on body of William Bateman 18 Sept. 1630 . order as to payment for building a ferry between Boston and Charlton 8 mentd. (order as to maintenance of ministers) 9 Thomas Walford of, case of, . 11 VN ¦> ITNE [¦ ) ' 17 130137 68 119 128 135136 85 94 16 233033 4243 53 INDEX. 165 Charlestown \ Charlestowne }- Charlton J Town of, continued. and Boston, Edw. Converse to keep ferry between, .... mentd. (order as to levy for the creek at Newe Towne) (order as to a watch of six) (order as to training of Capt. Underbill's Company) part of Mr. Shepheard's fine to be used for paying for ferrying the watch from Boston to Charlton, assessed, (order as to levy for making a palisade) Robert Coles fined for being drunk at Charlton . and Newe Towne, agreement as to setting out bounds of, ordered that the difference between, be referred to Mr. Mavericke 4c. agreement as to bounds of , . assessed for maintenance of Capt. Underhill 4c to fetch wood from Noddle's Island Ezekiell Richardson chosen constable of, grant to inhabitants of, near North River assessed to defray public charges . Robert Moulton chosen constable of, inquiry as to damage done by swine of, inhabitants of, to satisfy the Indians for damage done to corn by swine complaint as to damage done by swine of, in corn of the Sagamore of Aggawam Edmond Hubbard, sen'., chosen constable of, Henry Harwood of, mentd. . Tho. Ewar chosen and sworn constable of, fined 4c for want of a watch house Elisabeth Chaulkley of, mentd. discharged about Richard Lowden's lot Meeting House in, to be a watch house chose Robert Longe to sell wine . allowed to use the Meeting House as a watch house Thomas Carter, sen'., 4c, took oath as constables'of, Edward Johnson of, mentd. . . Thomas Carter, sen', constable of, fined fined for defective way to town of Cambridge delivered in a transcript of their lands . allowance to constables of, . Francis Norton 4c sworn constables of, John Wooldrige to acknowledge his fault at, way to, being made good, Boston is discharged Chaulkley or Chalkley , wife of Robert Chaulkley, attachment for, Elisabeth, of Charlestown, case of, (stealing) Robert, attachment for wife of , . 161617 18 81-82 83 81-82 166 INDEX. Cheating. (See Crimes, 4c.) Chebacco, Willi: Lampson allowed to fell trees on the other side of, . .108 Cheesbbo or \ Cheesbrocgh i Will: , 4c, inquisition on oaths of, upon body of William Bateman . 7 William, 4c, jury, (case of Walter Palmer) , 9 to settle the bounds between Doi. fer and Rocksbury 29 Willi: , 4c. , appraisers (estate of Joane Drake) 72 mentd. (order as to estate of Joane Drake) .... 77 Cheesholme, Thomas, his servant Richard Wilson sentenced for abusing him 104 Cheny, — — —, Goodman, mentd. (case of Willi: Pilsberry) . 107 Chester , Mr., bond for appearance 43 case of, (for selling contrary to order) .... 44 Chickatabut -v Chickataubott V Chickataubut ) fined a skin of beaver for shooting a swine .... .16 land sold by, to Mr. Pinchon mentd 55 Chidley , Mr., case of, (confederating and concealing) .... 109 was gone out of the country before Court . . . 116 Childe Ephraim, 4c, evidence by, as to debt of William Knopp to Sir Rich ard Saltonstall 13 comm". to take an inventory of Mr. Crispe's estate 4c 20 to take an inventory of goods 4c of Mr. Craford . 48 Christ, " in a way of Christ" mentd. (order as to Hingham members) . 126 Chubb, Thomas, shall be freed from the service of Mr. Samuel Maveracke 11 Church or Churches gathering of, by Mr. Batchel' 30 of Boston, grant to Mr. John Wilson pastor of, 43 Waterton, to dispose of the children and estate Edmond Lockwood 5 4c, consent by, as to estate of Edward Lockwood . of Salem, mentd. (order as- to settlement of Mr. Skelton's estate) Mary Oliver punished for disturbing .... opinion against singing in the Churches (case of Edward Tomlins) of Boston, mentd. (case of Francis Hutchinson) .... Watertown, offensive passages against (case of John Stowers) of Hingham, Thomas Painter sentenced for disturbing Church Garrett, 4c, gift towards the Sea Fort ...... "bond by, (case of Mr. Chester) .... (case of Christopher Grant) Churches. (See Church.) Civil Actions. (See Actions.) 54 74 80 105 109 121 135 42 43 103 INDEX. 167 PAGE Clapboard-ryvers 4c order as to wages of, 36 Clare, John, case of, (drunkenness) 92 Clarke or Clearke, Clerke , Mr., to make a payment to John Baker (for fraudulent deal ing) 4 bond by, as to his good behavior 4c. . . .8 prohibited cohabitation with Mrs. Freeman . 8 4c, at Aggawam mentd .31 Anne, granted a divorce from her husband Denis Clarke for desertion 4c. 138 Daniell, referred to Ipswich Court ..... .83 case of, (immoderate drinking) 86 Denis, Anne Clarke granted a divorce from, for desertion, 4c . . 138 James, and Joane Clarke suspected of fornication .... 63 Joane, and James Clarke suspected of fornication .... 63 Thomas, Mr., his man sold shot to an Indian 101 William, 4c, jury, (Dexter against Endicott) 15 Will: , sentenced for theft 64 Clay, Thomas, charges to John Baker for not prosecuting .... 98 Clearke. (See Clarke.) Cleft Stick. (See Punishment.) Clerk of the Band. (See Military Affairs.) Clerke. (See Clarke.) Clifton, Thomas, and Mary Butterworth, James Parker allowed to marry, 102 Clois, John, admonished to use his servant, Peter Tylls, well, 4c. . 88 Clothing 4c order as to price of, .39 Clough \ Cloughe V Cluffe J John, fined for his absence when the jury was called .... 132 Richard, order as to seizing strong waters belonging to, 5 fined and bound to good behavior for saying " shall I pay 12d. for the fragments which the grandjury rogues have left ?" 97 Coasters, common, 4c, mentd. (order as to idlers) 37 Cobbett , Mr., 4c. to be sent to England "as unmeet to inhabit here" . 10 house of, and Wanottymies River, ground between granted to" Gov'. John W^tM-op,. Esq. 29 Cockram , Mr., his servant, John Neale, committed oh suspicion of felony 128 Coddington , Mr., 4c, present at Court, 3,5, 8-12, 32-34, 36, 38, 39, 42, 47, 65 4c chosen for Boston (order as to cart bridge over Muddy River, 4c) 34 mentd. (case of John Woolrige) 88 William, Mr., 4c, present at Court 63-64 4c (Court of Assistants) order by, (case of John Pratt) . 112 168 INDEX. Cogan -> Coggan / or Coggin , Mr., 4c, granted adm". on goods 4c of John Tilley . . 43 testimony as to wages paid to James Hawkins . . 56 Henry, and John Tylley, difference between, referred to John Win throp, sen'. 4c 47 his servant, Wm. Androws, punished for assaulting him 4c. . 78-79 4c, judgment against Thomas Bushrode for not prosecuting . 82 Willi: Androws to make a payment to, ..... 87 John, Mr., 4c, gift towards the Sea Fort 42 and John Tylley, difference between, referred to John Winthrop, Esq. 4c 47 4c, difference between, as to ship " Thunder," referred to a committee 54 discharged because those whom he hired were other mens ser vants 79 Mr., to receive a payment from Mr. Willi: Tyng ... 92 attachment against Nicholas Bacon's cattle for payment of rent to, 104 Coggesall -i Coggeshall j or Coxeall, Coxeshall , Mr., John Sayle and his daughter bound to . . .32 his servant, John Sayles, to be whipped for running away 40 4c, gift towards the Sea Fort 42 business of, referred to Mr. Pinchon 4c . .. 53 John, of Boston, order as to his apprentice, Phebe Seales, ... 67 Coggin. (See Coggan.) Coitmore, , Mr., mentd. (case of Gawen Wilson) .... 132 Cokar, Richard, to be whipped for enticeing servants to run away 4c . 51 Colbban or Colebran, Colebron , Mr., 4c, chosen for Boston (order as to cart bridge over Muddy River 4c) 34 to lay out Mr. Gurlings land 73 Thomas, Mr., 4c, to settle estate of Mr. Mellows .... 97 William, 4c, appointed to lay out bounds between Waterton and Newe Towne, return by, 53 Colchesteb or Colechester, Town of, Samuel Winsley sworn surveyor of the arms at, 98 presentments discharged 100 CoLiror Coles Clement, 4c, to be whipped 4c for running away from their masters 59 John, to be whipped for stealing 59 Richard, to work for his living until a master be found for him . 126 put to William Haward for one year . . . . .127 Robert, 4c, fined for drinking ... . .18 confessed his fault and his fine for drunkenness was remitted 21 of Rocksbury, fined for being drunk 21 Mr., 4c, at Aggawam mentd 31 INDEX. 169 3441 59 76 6966 6767 118 Cole or Coles, continued. Robert, fined for drunkenness 4c. sentenced for drunkenness ... damages to be paid by Mr. Fawne . enjoined to pay witnesses and discharged Samuell, forfeited twenty shillings for selling beer 4c, testimony by, (case of John Hathaway) licensed to sell claret and white wine . . fined for selling beer .... Susan, to make double restitution . Colebran 1 Colebron / (See Colbran.) Colechester. (See Colchester.) Coleman Andrewe, letter of attorney to John Haynes menf1 96 and Willi: Swift order in case between .... 96 Thomas, keeper of cattle, order as to, 58 Anthony Emery to pay charges to, 80 Coles. (See Cole.) Collalne, Matthew, 4c, whipped for concealing a piot of piracy . . 118 Collecot. (See Collicott.) College," the, mentd. (case of Thomas Symonds) 88 Collens , Mr., 4c, to hear business between John Smith and Jeremy Norcross 100 Henry, fined for not serving on the Grand Jury 76 William, Mr., case of, (seducing) 109 Collicot -> Collicott j or Collecot , Sergeant, house of, to be used as a watch house by the town of Dorchester 84 Richard, 4c, difference between John Cogan, John Tylley 4c re ferred to 54 4c jurymen, fined for absence from Court .... 74 case of, (mending Indians guns) 101 Mr., bill paid to, 120 Collier, Thomas, 4c, bond by, (as to things taken from John Hardies wreck), 105 Colonial Society of Massachusetts, Transactions of, referred to . 103, 115 Colony, The. (See Massachusetts.) Commodities no servant shall give sell or truck any commodity without license from their masters 5 no person shall buy corn or any other provisionsxif any ship that comes into the Bay without license 16 order as to price of, 39 selling, contrary to order, by Mr. Chester, Garett Church, 4c bound to appear to give testimony as to, 44 170 INDEX. Commonwealth, The. (See Massachusetts.) Company. (See Military Affairs.) Conamabsqnooncant River or Duck River land near Salem bounded on the south by, granted to Mr. Samuel Skelton 24 land near Salem bounded on the north by, granted to Capt. Jo. Endicott 24 Conant or Connant , Mr., 4c, to settle the bounds between Rocksbury and Dor chester 29 Christopher, 4c, jury, (case of Walter Palmer) 9 Roger, 4c, bond by, (case of John Ellford) . - . . . . 11 to set out land to John Humfry, Esq. . . .30 Conant's Island 4c. shall be appropriated to the public benefit 4c .... 16 with privileges of fishing 4c demised to John Winthrop Esq. Gov', for life and to be called Governors Island 22 Concord, Town of, fined for want of a pair of stocks and a watch house .... 79 Thomas Brooke sworn constable of, 8. Dec. 1638 .... 80 Willi: Fuller who kept the mill at, mentd. ... 85 discharged as to lot of Robert Edwards . . ... 85 fined for want of a watch house .... 85 highways leading to, to be repaired by town of Cambridge ... 85 fined for not giving in a transcript of their lands and for neglecting their watch 90 deferred until the Quarter Court . 100 Walter Edmonds took oath as constable of, 103 town of Cambridge certified to having repaired the way toward, . . 106 fined for neglecting the watch and non appearance .... 106 mentd. (answer by John Pratt) 110 delivered in an imperfect transcript of tlieir lands 4c .... 124 men of, granted power to seize land 4c . 139 Conecticct. (See Connecticut.) Confederacy. (See Crimes, 4c) Confronting. (See Crimes, 4c.) Connant. (See Conant.) Connecticut, Colony of, Thomas Marshfeild of, mentd. . 100 mentd. (answer by John Pratt) . . . . HO Constable, , Mr., Simon Voysey fined for striking . . 115 Constables John Woodbury chosen constable of Salem ...... 5 Thom[as] Stoughton chosen constable of Dorchester i. 5 John Woodbury took the oath of constable ... 5 allowance for killing of wolves 4c to be levied by the constables of the plantations 8 Mr. Thomas Stoughton, constable of Dorchester, fined for "taking upon him to marry " 10 INDEX. 171 Constables, continued. of the several plantations, order to, as to creditors of Capt. Levett 4c, Dorchester, William Phelpes chosen Rocksbury, Mr. Shepheard's fine returned by, Saugus, Mr. Turner chosen Dorchester, George Dyar chosen Charlton, Ezekiel Richardson chosen, ... plantations to publish order as to selling liquor and two inhabitants to name wages of inferior workmen to use special care 4c. as to idlers ...... of Rocksbury, Mr. William Dennison chosen Charlton, Robert Moulton chosen, plantations to whip runaways and send them home . and four inhabitants of every town to make a survey of houses 4c of Dorchester, Eltwood Pumery sworn, Waterton, Samuel Hosier chosen and sworn, .... Dorchester and Boston fined for not returning their warrants for the last levy Charlton, Edmund Hubbard, sen', chosen, . . . . Dorchester, Steven Terry sworn, ....... John Philips chosen, ....... Richard Osborne to give a weekly account to, of how he spends his time of Newbury, to apprehend Schooler 4c Charlestown, Thomas Ewar chosen and sworn, . . . . Cambridge and Boston fined for not returning their jury warrants Dedham, John Haward sworn, 5 Dec. 1638 . . . . . Concord, Thomas Brooke sworn, 8 Dec 1638 . . . . John Dunvard to make a payment to the constable for witnesses neglecting to obey warrant served by, (case of Leonard Bowtle) John Porter and Henry Tuttle took oath as constables of Hingham of Weymouth, William Carpenter sworn, Co.icord, Walter Edmonds sworn, Charlestown, Thomas Carter, sen' Watertown, John Whitney sworn, Charlestown, Thomas Carter sen'. 4c. sworn, fined for not warning the jury in time 4c Watertown to provide a place of service for Elizabeth Wilsmore John Whitney fined for not warning Charles Chadwicke of Charlestown, allowance to, ...... Hingham, order sent to, as to Mrs. Strainge and her child Charlestown, Francis Norton 4c sworn Weymouth, John Harding 4c sworn, mentd . (case of-EIiz: Strainge) . of Roxbury, to take care of John Kempe Hingham, Thomas Cooper, 4c, mentd. Woburn, Edward Converse, mentd. Dorchester, George Wicks sworn, 15 19 20 26 28313336 37 4043 43 45 454850 51 55 636769 7376 808093 93 97 102 103 104 105108117 119119 119121123124 125126 126 130 172 INDEX. Constables, continued. of Lynn, William Langley sworn, . . Hingham, Francis James sworn, Watertown, Thomas Arnold sworn, . Braintree, Henry Adams sworn, Boston, fined for not returning his warrant Dorchester, Barnabas Fawer sworn, Weymouth, Thomas Richards and William Read sworn, Contempt. (See Crimes, 4c) Converse Edward, 4c, -jury, as to death of Austen Bratcher (Dexter against Endicott) hath undertaken to set up a ferry between Boston and Chart ton allowance to, for ferrying officers over the water 4c, bond by, (case of William Dixon) . appraisers, (estate of Henry Harwood) bond for appearance of Edward Fuller case of, (neglecting the ferry) constable of Woburn mentd. . Conveyances to be recorded Conway, Davyd, case of, (resisting his master Wm. Beamsley) Cooke Richard, grant against Thomas Robinson for unjust molestation Samuel, Mr., committee appointed as to estate of, Cooley, William, fined for drunkenness Cooper Anthony, forfeited his bond for non appearance . John, jun'., committed to his father for correction Thomas, 4c, constables of Hingham mentd. fined for drinking with Samuel Bacon . absence from the Grand Jury . Cope, Willi: , case of, (concealing) .... Copeland, Laurence, case of, (covenanting for wages) Copperas thrown into a man's yard (case of Thomas Davenport) Corn owners of cattle to make satisfaction for trespass in, . burning ground for, mentd. (order for preservation of houses 4c) to pass for payment of all debts except money or beaver be expressly named Sagamore John promised to fence his corn against all kinds of cattle . every person shall satisfy for the damage dome by his swine in the corn of another order as to price of, . fencing corn 4c price of corn and as to giving it to swine . . . . price of, surveying cornfields 4c allowance of corn to Evan Thomas PAGE 132 132 134 136 137140 140 6 15 16 3157 72 8894 126 45 127 86 140 4061 80 126 132 138109 128 91 14 17 20 2628313338 43 4597 INDEX. 173 Cornall -i Cornbhill V CORNELL i Thomas, being licensed was discharged fined for selling wine 4c Cornish or "1 Cornishe J John, bond for appearance . Katherine, wife of Richard, suspected of incontinency, seriously ad monished respited, 4c Richard, recognizance by, for appearance of his wife his wife, Katherine, admonished Cotcree, Thomas, case of (dalliance with girls) . Cotton Wool fine to be paid in, mentd. (case of George Watts) mentd. (case of Gawen Wilson) .... Council, The, 4c, oaths for. mentd. in note .... meeting of, Nov. 23, 1632, referred to in note 4c, case heard by, 2 June 1636, referred to in note the " Counsell Table" mentd. (case of Thomas Miller committed for seditious speeches) Court of Assistants. (See Assistants, Court of.) General. (See General Court.) Quarter. (See Assistants, Court of.) Particular, or Small Court. (See Assistants, Court of.) at Boston, Salem, 4c (See under name of place) Cow House River, or Soewamapenessett River, near Salem mentd., grant to Capt. Jo. Endicott Cows, mentd. (order as to trespasses in corn) Coxeall 1 Coxeshall J (See Coggeshall.) Crabtree, John, 4c, bond by, as to overpayment Cradock or! Cradocke i , Mr., plantation of, Austen Bratcher died at, order as to -his servant, Tho. Foxe to care for one of the children of John Binfield, deceased George Pye to remain with, 4c Mathewe, Mr., fined for his men being absent from training of London, 4c. weir at Misticke granted to, Craford Mr., goods of, inventoried Creditors of Ralfe Glover to demand their debts (order as to his estate) Cribb, Benjamyn, 4c, sentenced to be whipped for stealing . Crimes, Misdemeanors, 4c. absence from Court, Mr. Ludlowe 4c fined for wrong done to Indians, Thomas Morton punished for, . 79 84 121 74 79 47 74 126 127132 15 3062 63 24 14 98 7 12 6776 29 414846 13 44 174 INDEX. Crimes, Misdemeanors, 4c, continued. fraudulent dealing, Mr. Clearke to pay for, . planting without leave, order as to, . . . Indians using firearms, order as to, . . . servants selling commodities, order as to, wages fixed ....... absence from Court, Sr. Richard Saltonstall fined for, . ' selling corn without license, order as to, - felony, John Goulworth 4c sentenced for', manslaughter, death of Austen Bratcher (jurys verdict) misdemeanor towards his master, Richard Diffy to be whipped for, manslaughter, the jury finds Walter Palmer not guilty of manslaughter whipping contrary to order, Sr. Richard Saltonstall fined for, stealing a loaf of bread, Bartholmewe Hill to be whipped for, shooting at fowl on the Sabbath Day, John Baker punished for, . Thomas Moulton to pay for wrong done to Mr. Glover Thomas Stoughton fined for marrying persons unlawfully selling money to an Indian, order as to, Indians as servants, order as to, Nich. Knopp fined for undertaking to cure the scurvy . Sr. Richard Saltonstall to pay for wigwams burnt by his servant . malicious and scandalous speeches, Thomas' Foxe to be whipped for, . cards, dice or tables, order as to, . stealing, Benjamin Cribb, John Cable and Morris Trowent to be whipped for, shooting after the watch is set, order as to, . assault, John Legge whipped for striking Richard Wright . contempt of authority and confronting officers, Thomas Walford sentenced for, Thomas Bartlett whipped for unjustly selling 4c .... not appearing at Court, John Norman, sen', fined for, running away from master, Phillip Swaddon punished for, . malicious and scandalous speeches against the Government, 4c Philip Ratliffe sentenced for, buying corn without leave, order as to, shooting a, swine, Chickataubott fined for, . taking away a canoe, William Almy fined for, burning ground till first of March, order as to, . misbehavior 4c towards his master, Francis Perry sentenced for drunkenness, Mr. Shepheard 4c fined for, .... writing falsely, 4c, against the Government, Henry Lyn sentenced for, enticing an Indian woman to lie with him, John Dawe sentenced for, . whether adultery either with English or Indian shall not be punished with death (question propounded) drunkenness, 4c, Mr. Alex. Wignall sentenced for stealing corn from the Indians, Josias Plastowe punished for, . 9 9 99 10 10 10 1111 11 12 12 13 1314 1414 14 IG1616 16 16 1718 JS 1919 1919 19 INDEX. 175 Crimes, Misdemeanors, 4c, continued. \ stealing corn from the Indians, Wm. Buckland and Tho. Andrewe _, sentenced for aiding Josias Plastowe in, adultery, if any man shall have carnal copulation with another man's wife both shall be punished with death drunkenness, Robert Coles fined for, remitted by the Court threatening the Court, Tho. Knower was set in the bilbowes for, insolent carriage and speeches to S. Bradstreete, Thomas Dextor fined for, drunkenness, Mr. James Parker, 4c , fined for, "murder of Walter Bagnall, order as to inquiry concerning, . drunkenness, James Woodward to be set in the bilbowes for, cursing, swearing, 4c, Robert Shawe sentenced to be whipped for, . refusing to watch, John Stickland fined for, drunkenness, William Hamon sentenced to be set in the bilbowes for, selling firearms, powder and shot to the Indians (case of Richd. Hop kins) contempt of authority, 4c, Mr. Batchel'. silenced for, Edward Burton fined for, . . . . running away from his master, 4c, James Woodward sentenced for, drunkenness, 4c, Edward Burton fined for, . . . . . drunkenness and fornication, Nicholas Frost sentenced for, taking tobacco publicly, forbidden, absence from training and wanting arms, John Finch 4c fined for, ¦fornication, Robert Huitt and Mary Ridge, sentenced for committing, seditious words against the Government, Thomas Dexter sentenced for, drunkenness, Thomas Wincall fined for, planting at Aggawam without leave, order as to, . . feloniously taking away corn and fish, (case of John Sayle) drunkenness, William Dixon sentenced for, 'fornication with Eliz. Marson, John Pemberton sentenced for, absenting himself from Court as a witness, Robert Allen fined for, drunkenness, James White fined for, . John Bennett fined for, . . selling strong water, order as to, . drunkenness, Johrr Woolridge fined for, drunkenness, John Shotswell fined for, drunkenness, enticing 4c Robert Coles sentenced for, confronting of authority, assault on Mr. Ludlowe, &c, Capt. John Stone sentenced for, absence from the Jury, Mr. Palmer fined for, ¦contempt of authority 4c. Alex. Wignall fined for, drunkenness, 4c , Alex. Wignall fined for, . drunkenness, Sergennt Perkins sentenced for, Thomas Dexter fined for, absence from training, order as to, 1919 21212124 25 25, 26 26 262626 272727272728 2829303031 31 32 32 323333333334 34 34 353535 36 3636 176 INDEX. Crimes, Misdemeanors, 4c, continued. ' idleness, order as to punishment of idlers 37 Cextortion, order as to, 39 running away from his master (case of John Sayles) .... 40 buying land of any Indian without leave, order as to, . . . . 40 "* stealing and running away from his master, 4c, Christopher Tarling sentenced for, - 40 selling boards contrary to an order of Court, John Chapman fined for, 40 drunkenness, Richard Williams fined for, ...... 40 William Cooley fined for, 40 Timothy Hawkins 4c fined for .40 selling strong water contrary to order, Edward Howe fined for, . . 41 drunkenness, Robert Coles sentenced for, ...... 41 ^abusive language, John Lee punished for, 43 non appearance, Thomas Foxe fined for, 43 Wm. Almy fined for, ...... 46 taking too high wages (case of James Rawlens) ..... 47 ^unchaste 4c behavior with Thomas Elkyn, Katherine Gray sentenced for, 48 '< upbraiding the Court with injustice, 4c, Ensign Jennison fined for, . 48 entertaining an Indian without leave Clement Briggs fined for, . . 49 ¦speaking reproachfully of the Governor and enticing, 4c, John Lee sentenced for, 49 drunkenness, Samuel Hall fined for, ....... 49 - swearing, Henry Bright set in the bilbowes for, ... .60 defacing the colors (case of Ensign Damford) ... 50 swearing, bond for appearance of Wm. Knopp for 50 drunkenness, Christ. Graunt fined for, 50 not returning his warrant, constable of Dorchester fined for, . . 50 enticing servants to run away, Rich. Cokar sentenced for, ... 51 Samuel Johnson sentenced for, . . 52 stealing, Griffin Montague sentenced for, 53 swearing and stealing, John Hayward sentenced for, .... 53 absenting himself from court, Mr. Humfry fined for, .... 54 misdemeanor, Francis Toby sentenced for, ..... 55 drunkenness, John Love fined for, ....... "55 threatening to sink a boat, 4c, Mr. Thomas Wonnarton sentenced for, 55, 56 taking too high wages, Arthur Holbidge, 4c, sentenced for, . . 56 ' felony, William Wills sentenced for, ....... 56 contempt, Arthur Holbidge sentenced for 56 running away from his master Andrew Storyn to be whipt for, . . 67 Robert Scarlett to be whipt for, . . 57 her master Mr. Bartholmewe's servant to be whipt for, 57 misdemeanor, John Pease sentenced for striking and deriding his mother, 4c 59 stealing, John Cole sentenced for, 59 returning after banishment, Nich. Frost to be tried for, ... 59 INDEX. 177 Crimes, Misdemeanors, 4c, continued. selling beer at 2d. a quart, Samuel Cole sentenced for, . liquor, Mr. Nowell, 4c, fined for selling wine, 4c. stealing, 4c, Clement Cole 4c, servants, sentenced for, stealing, Daniel White sentenced for, .... felony, Robert Scarlett, a known thief sentenced for, . "¦contempt of authority, 4c, Richard Long fined for, extortion in selling knives, 4c, (case of Joshua Huyes) ^carnally knowing their wives before marriage, Edward Gyles 4c, fined for drunkenness, Richard Phelps fined for, non-appearance, Anthony Cooper forfeited his bond for, Henry Joslyn 4c. forfeited their bonds. for, non-appearance, bond forfeited by Griffin Montague for, drunkenness, James Luddam fined for, ..... -stealing victuals from his master, 4c, Wm. Shepheard sentenced for, drunkenness, 4c, Wm. Perkins sentenced for, striking his master, George Ropps sentenced for, -theft, Wm. Barker sentenced for, drunkenness, John Wbitele 4c, sentenced for, seditious speeches, Thomas Miller committed for, swearing, Robert Shorthose sentenced for, . drunkenness, Peter Bussaker sentenced for, -attempting a rape, swearing, house-breaking, 4c, Edward Woodley sentenced for, ""swearing, revileing, 4c, Elizabeth Aplegate sentenced for, theft, Will: Clarke sentenced for, ^fornication, Anthony Robinson sentenced for *iight carriage, Capt. Lovell admonished to take heed of, . ""-incontinency, knowing his wife before marriage, Wm. James sentenced for, slander, idleness, 4c, Thomas Pettet sentenced for, . "theft, Mary Bowler to make restitution for things stolen by her shooting a wolf dog, John Sweete fined for, "contempt, Robert Anderson sentenced for, . Will: Powell to answer for "-adultery, John Hathaway indicted for, . . . Robert Allen and Margaret Seale indicted for drunkenness, Edward Seale sentenced for, . entertainment, keeping a house of, 4c, without license, George Mun nings fined for. liquor, selling, 4c, without license, George Munnings fined for. selling beer at 2d., Robert Longe 4c fined for, . drunkenness and selling strong water to the "Indians without license, James Browne sentenced for, --speeches against Mr. Vaine, W,n. Knop to answer for, Nmurder of John Hobbey, John Williams found guilty of, . ¦--murder, Wm. Schooley found guilty of, 59 5959 6060 6060 60 61 616161 61 62 62 626263636364 64 6464646565656666 666666 - 666767 6768 6868 6969 178 INDEX. Crimes, Misdemeanors, 4c, continued. N adultery, John Hathaway found guilty of, . Robert Allen found guilty of, Margaret Seale " " " ... ^stealing, idleness, 4c, Wm. Brumfeild sentenced for, receiving stolen money, George Spencer " " . idleness, George Barlow sentenced for, drunkenness, John Hogges fined for, .... - " speaking contemptuously of the magistrates, John Green sentenced for, lending a gun to an Indian, Mr. John Stretton fined for, theft and running away, Luke Henbury sentenced for, liquor, Joseph Faber fined for selling wine .... libell, Angell Hollard fined for, ....... "^keeping company with another man's wife Arthur Warren fined for drunkenness, 4c, John Woolridge admonished, 4c for, drinking, 4c, Christopher Grant fined for, speaking against the law about swine, Thomas Starr fined for, absence from the Jury, Richd. Collicot fined for . Swearing, 4c, Robert Bartlet sentenced for, .... John Smith sentenced for, . -¦contempt, Edward Lambe fined for contempt .... dancing, wife of Laurence Waters, 4c, admonished for dancing drunkenness, John Bennet, 4c, referred to Salem for, leaving a pit or well open, Thomas Ewar and Edmond Hubberd, Sen'., fined for, absence from the Jury, Henry Collens fined for, ..^speaking against the Magistrates, Elders and Churches, Katherine Finch punished for, drunkenness, George Horne fined for swearing, George Walton fined for drawing wine contrary to order, contempt, 4c, (case of John Hol- grave) taking above double toll, Thomas Wilson fined for, .... "contempt, Samuel Basse fined for ....... drunkenness, Richard Turner fined for, ... murder, Dorothy Talbie to be hanged for, ...... assault upon his master, conspiracy 4c, William Androws sentenced for, stealing and breaking into houses, John-Haslewood sentenced for stealing and house breaking, Gyles Player sentenced for, fornication, John Bickerstaffe sentenced for, extortion, Clement Brigs found not guilty of, abusing his servant, John Poole fined for, . disturbing the Church of Salem, case of Mary Oliver . quarrelling and fighting, Richard Greaves, 4c, referred to Court at Salem for, prophaning the Sabbath, case of Richd. Hollingsworth 707070 7070 70 71 71717272 72727373 73 74 7474 757570 76 76 77 73 78 7878 78, 79- 79 79 797980SO 80 80 INDEX. 179 Crimes, Misdemeanors, 4c, continued. poundbreach, Anthony Emery fined for, ..... "lying, Thomas Savory referred to Ipswich Court for lying . "lewdness, John Davies to be whipped 4c. for attempting, . "rape, Thomas Boyse sentenced for attempting a rape with Sara Jusall stealing, Isaack Deesbury fined for, 'tempting to uncleanness, Richard Ibrooke fined for, . swearing, 4c, John Hogges fined for, ... . . selling strong water, Richard Silvester fined for, .... Speeches against the magistrate, Robert Shorthose sentenced for, speaking against the law about hogs, 4c, Richard Silvester fined for, ' speaking against ministers, Samuel Norman sentenced for, . non appearance, Mr. John Harrison fined for, and admonished against " gaming arinking and lying, William Bartlet fined for, . . . . . cursing, 4c, Ellen Peirce fined for, 'stealing, Elizabeth Chaulkley to make double restitution for things stolen by her selling strong water, Mr. Goouch fined for, buying land of the Indians without leave, John Bayly fined for, swearing, 4c, Hugh Burt's wife fined for swearing, 4c liquor, Thomas Cornell fined for selling wine, 4c idleness 4 disorderly living, Nicho. Ellen fined for, _giving his man his time, Capt. Stoughton fined for, want of scales and weights, Mr. Waltham 4c fined for taking too much toll, Mr. Waltham fined for, giving a servant his time, Ralfe Allen fined for, . taking too much toll, Wm Fuller fined for, . common railing, John Gosse sentenced for, . •drinking, John Stacy, jun'. set in the stocks for, . excessive drinking, Ralfe Warriner fined for, liquor, Nicholas Merry fined for selling strong water ' running away and stealing, John Neale sentenced for, stealing, Richard Wilson sentenced for, drunkenness, Richard Turner fined for, ' sundry drinkings at his house, Willi: Dawes fined for, defaming the Government, Thomas TSushrode fined for, ""murder, suspicion of, (case of Marmaduke Peirce) drinking, Daniel Clarke fined for immoderate drinking _being in company of drunkards, John Wedgwood sentenced for, unclean attempts, John Kempe sentenced for, Matthew Edwards sentenced for misdemeanor selling strong water, Thom. Knore fined for, ^swearing, Nicholas Davison fined for swearing drunkenness, John Hogg fined for, John Kitchen fined for showing books he was to bring to the Gov ernor defileing his wife before marriage, John Joanes fined for, . 8080 81818182 8283 83 83 8383838384 8484 84 8484 8585 85 85868686 86 80 868686 868687878787 8787 180 INDEX. s- Crimes, Misdemeanors, 4c.j continued. ''drunkenness, profanity 4c, Thom. Gray sentenced for, ... 87 quarrelling, Richard Redman, 4c, fined for, 87 going to, and pleading with the jury, case of Thomas Lechford . . 87 ' Thomas Millard, 4c, watchmen, imprisoned for drinking strong water 87 drunkenness, Burkbee set in the stocks for, ...» .87 John Woolrige fined for, 88 > cheating, Richard Joanes sentenced for, ...... 88 Willi: Powell fined for resisting the surveyor 88 Edward Fuller, 4c to appear at the next court for being distempered with wine 88 " swearing, -. Tacye fined for, . 88 extortion, Richard Pepper fined for, . 89 ^ bigamy, James Luxford sentenced for having two wives . . . 89 ^murder, Marmaduke Peirce found not guilty of, 89 light behavior, Elnor Peirce sentenced for, 89 Quick " " 89 extortion, Lewes Hewlet fined for and bound over for contempt . . 89 ?disorderly house and drunkenness, Jane Robinson sentenced for, . 89 ill behavior, Margaret Hindersham sentenced for, .... 90 unclean attempt, 4c, Robert Penyar sentenced for, . . . . 90 drunkenness, William Waltham fined for, ...... 91 "defileing and refusing to marry, John Vaughan committed to prison for, 91 Thom. Davenport admonished for causing balls of paste with copperas, to be thrown into a yard 91 v extortion, money paid to the Gov', by one guilty of, mentd. . . 91 contemptuos speeches, 4c, Mr. Henry Seawell punished for, . . 92 drunkenness, John Clare fined for, ...... 92 unchaste attempt, stubbornness, 4c, John Pope sentenced for, . . 92 uncleanness, John Danvard accused of, ...... 93 George Palmer punished for committing folly ..... 93 "enticing, Margery Rugs sentenced for, ...... 93 ^scandalous speeches, Nathaniell Travell admonished for, ... 93 neglecting to obey a warrant, Leonard Bowtle fined for, ... 93 selling strong water, Mr. Browning fined for 93 insolent carriage, George Hyrne sentenced for, ..... 93 " unquietness with his wife (case of James Davies) .... 93 not obeying a press, Henry Chapman fined for .94 upbraiding James Britain, Robert Tucker fined for, .... 94 "getting his wife with child before marriage, Willi: Powell fined for, . 94 drunkenness, 4c, Thom. Gray sentenced for, . 94 'breaking » house in the time of exercise, and theft, Thom. Savory sentenced for, 9+ • drunkenness, Henry Allein, 4c, fined for, 94 giving strong water, Mr. Barnard fined for, 94 immodest expressions, Elizubeth Lovel admonished for, ... 94 INDEX. 181 Crimes, Misdemeanors, 4c, continued. getting his wife with child before marriage, John Downham fined for, neglecting the ferry, Edward Converse fined for, want of weights and scales, Mr. Richd. Dummer fined for, . -disturbing the peace, John Tower fined for, . . . , ¦ insolent carriage, two indian women sentenced for, ¦unchaste- miscarriage, Elisa Bennet whipped for, . drunkenness, John Hogges fined for, Hope, an Indian, to be whipped for running away, 4c getting his master's daughter with child (case of Joell Jenkin) . ''drunkenness, 4c, Henry Illery fined for, . John Barnes fined for being distempered with wine not attending the jury, Thomas Tylestone, 4c, fined for, . "speaking against the grand jury, Richard Cluffe fined for . ¦ pilfering, Edmond Mathewe admonished for, .... running away, two servants of Walter Merries to be whipped 4c for going into men's houses on the Lord's day, 4c, John Burrows sen y. tenced for, drunkenness, 4c, John Knight sentenced for, 'being distempered with wine, Benjamin Pauly fined for, swearing, stealing, 4c, John Dutton sentenced for, for taking a boat, 4c, from the deputy Governor, 4c, Giles Player sentenced fireing the barn of his master, Henry Steven3 punished for, heresy, Hugh Buet found guilty of, and banished .... not appearing as jurymen, John Holland, 4c, fined for, swearing, lying, theft and unclean speech, Samuel Haukes sentenced for, drunkenness, idleness, wastefulness, 4c, John Hogg punished for cruel usage of his servant, Christopher Graunt fined for, . not appearing as juryman, Robert Stedman fined for, . "causing death by negligence, Richard Hollingworth fined for, -unfit carriage, John Morecroft fined for, .... rude 4 contemptious speeches, Walter Knight fined for, abusing his master, Richard Wilson sentenced for, distemper in drinking and obscene speeches, Joseph Kinge sentenced for, obscene- speeches and distemper in drinking (case of Henry Pitts) obscene speeches, William Browne admonished for, selling his servant his time, Thomas Baguley fined for, being distempered with wine, John Barnes fined for, . not serving on the jury, Edward Johnson fined for, making an Indian drunk, James Dane fined for, . distemper in drinking, 4c John Longe fined for, dishonoring the name of God, the wife of Robert Lewes whipped extortion, Enoch Hunt fined for, Jonathan Thing punished for ravishing Mary Greenfield selling strong water to Indians, John Skidmer fined for, for, 949494 959595 95 9595 959597979797 9893 9899 100101 102102 102103 103103103 104 104 104 104' 104105105 105105105106106106106 182 INDEX. Crimes, Misdemeanors, 4c, continued. selling his servant his time, Abraham Morrell fined for, Samuel Sherman fined for, gross misdemeanor, David Hickbourne sentenced for, . 'selling beer, Willi: Knop fined for, .... •distemper in drinking, John Barnes fined for, absence from the jury, George Bowen fined for, . James Laurence sentenced for leaving his master's house, and for keeping company with a lewd woman 'William and Dorothy Pilsberry sentenced for defileing their master's house "giving her husband quicksilver, 4c, Mary Osborne sentenced for, "theft, Mary Felton punished for, defect in warning the jurymen, Thomas Carter Sen'., constable fined for, Nicholas Trerice fined for his miscarriage in Court adulterous practices, Thomas Owen sentenced for, miscarriage, Sara Hales sentenced for, affronting the governor, Anthony Stoader fined for, distemper, John Kilma6ter 4c sentenced for, confederacy with Thomas Owen, to break prison, 4c, 106106107 107107 107 107 107 108108108 108 108108108 108 Samuel Maver- icke fined for, 108, 109 109 ' confederating and concealing Mr. Chidley, 4c fined for, 'Thomas Owen, 4c, fined for escaping ... . . 109 -William Collens sentenced for being a seducer . . . 109 ^ corrupt speeches, Francis Hutchinson punished for, .... 109 writing letters against the country to England (case of John Prat) 109-112 striking Mr. Constable, Symon Voysey fined for, . . . 115 unadvised expressions, John Jobson admonished for, . . 116 keeping a house of disorder, William Davies fined for, . . . 116 making bread too light (case of Thomas Hawkins) .... 116 miscarriage, George Story committed for, ...... 117 plotting piracy, and concealing the plot (case of Peter Thacher 4c.) . 118 prophaning the Sabbath (case of James Hawkins) .... 118 ••theft and lying, Elizabeth Sedgwicke sentenced for, . . . 118 Hheft and- running away (case of Marmaduke Barton) . . . 118 concealing piracy plot, Thomas Briant punished for, . . . .118 miscarriages, John Woodcocke whipped for, ..... 119 John Whitney, constable, fined for not warning ... 119 ' theft, Mary Hoare punished for, ... .... 119 drinking, Daniel Owles fined for, ....... 120 William Willoughby sentenced for being distempered with wine,- neglecting public and private ordinances 120 mutinous speeches and writings, Nathaniel Briscoe fined for, . . 120 unmeet dalliance with Sarah Boylston (case of Richard Browne) . 121 fornication before marriage, William Bull and his wife fined for, . 121 reading offensive passages against the Church of Watertown, John Stowers fined for, 121 INDEX. 183 Crimes, Misdemeanors, 4c, continued. ^stealing money from her master "(case of Sarah Bell) .... 121 Vfoul attempt to bugger a cow, (case of T[eagu] Ocrimi) . . . 121 Nravishing two young girls (case of Robert Wyar 4c) .... 121 ^wickedness with Robert Wyar, 4c, Sarah Wythes, 4c whipped for, . 121 'running away, deriding an Ordinance of God, 4c, William Browne whipped for, 122 being distempered by drinking, idleness, 4c. Richard Quick whipped for, 123 drinking to Richd. Quick, Edward Roberts fined for, .... 123 " running away, John Perry whipped for,. . . . . - . . 123 baking wheat meal contrary to order, Edward Wood fined for, . . . 124 Nfornication before marriage, Thomas Scott 4 his wife punis"hed for, . 124 distemper in drink, swearing) 4c, John Long fined for, . . . 124 absence from the jury, Isaac Morrell fined for 125 ' George Roberts committed for his ill carriage ..... 125 neglecting the watch, Robert Sever fined for, 126 drunkenness and swearing, John Woolridge fined for, .... 126 running away and breaking into a house, John Lewis sentenced for, . 126 idleness and abuse of his friends, William Walcot sentenced for, . - 126 refusing to watch, Richard White committed for, \. . . . 126 - attempting to drown her child, Anne Hett sentenced for, . . . 126 " unmeet dalliance with girls, Thomas Cotree sentenced for, . . . 126- ^swearing, George Watts fined for, 127 not appearing upon the alarm (case of Samuel Finch, 4c.) . . . 127 neglecting an order as to bread, William Web fined for, . . . 127 resisting his master, David Conway sentenced for, .... 127 suspicion of felony, John Neale committed upon, .... 128 Charles Cadwicke, 4c, fined for being absent, being warned . . 128 covenanting for wages, William Shepheard fined for, .... 128 Laurence Copeland fined for, .... 128 keeping victualling against order of the Court (case of William Davies) 129 being privy to Edward Waldo's intention of running away (case of Richard Smyth) 130 battery, George Mills fined for, 130 Richard Willis fined for, .130 - drinking too much, William Chadbome, 4c, fined for, . . . 130 being distempered with wine, Ralph Golthrope fined for, . . . 130 ?"fornication, Henry Leake and his wife punished for, . ~. _. 13ly Francis Pemble to answer for his lewd and reproachful speeches . 131 being distempered with wine, Nicholas Rogers fined for, . . . 131 ' selling powder, 4c to the Indians, William Scutt fined for, . . 131 stealing wine, 4c, Samuel Bacon punished for, ..... 131 receivingstolen wine (case of Robert Rogers) ..... 131 ''Miles Tompson and Toby Davies fined for drinking with others . . 131 'Robert Wyar and Thomas Cooper fined for drinking with Samuel Bacon 132 ¦breaking into houses and stealing, Nathaniel Tappin sentenced for, . 132 184 INDEX. Crimes, Misdemeanors, 4c, continued. .-absence from Jury, John Clough fined for, .... ^'distemper in drink, Ralph Golthrop fined for, Sfornication, Gawen Wilson fined for, o abusing a magistrate (case of Elizabeth Vane) . .running away from his master, Richard Gell whipped for, Vswearing, drunkenness, and theft, John Bartlet sentenced for, defrauding several men (case of Stephen Day) . swearing, drunkenness, 4c, John Gammage sentenced for, distemper in drink, Thomas Anker fined for, swearing and abusing the watch, George Watts fined for, drunkenness, 4c Nicholas Rogers sentenced for, .... Swiniard Lewis "fined for, ...... neglecting the watch, Israel Hart fined for, miscarriage to, and striking his master, Thomas Bauldwin committed for, T being distempered with drink, Robert Wright sentenced for, 5 swearing, William Barnes fined for, excessive drinking, 4c (case of Leonard Fryar, 4c) . y stealing, John Garland to make double restitution for things stolen by him David Dauling 4c, whipped for their unclean practise 5 swearing and disorder, Capt. John Chadwicke fined for, disteraperhrdrink, Capt. Aaron Williams fined for, . scales 4 weights, owners of Sudbury Mill fined for want of, disturbing the Church of Hingham, Thomas Painter punished for, assaulting the watch, David Williams punished for, freeing his servant against order, John Beamis fined for, . . 13c dangerous well, John Barnard fined for, .... - being distempered with drink, Ralph Golthrop punished for, being distempered with drink, John Killmaster fined for, swearing and quarrelling, Thomas Weatherly fined for, non appearance, Leonard Fryar, 4c forfeited forty shillings for, not returning warrant, Constable of Boston fined for, . light carriage (case of Thomas Moulton) stealing from Mr. Stodder, 4c (case of Bridget Barnard) . ''having gotten a slut with child (case of William Flint) . theft from Mr. Walton (case of Mary Bentley) . being distempered with wine, George Frost fined for, . being distempered with wine; John Hart fined for, being absent from the Grand Jury, Thomas Cooper fined for, absence from the jury of trials, Benjamin Gillam fined for, distemper in drink, 4c, Leonard Fryer fined for, disorder, Carew Latham fined for, immoderate drinking, Edward Johnson jun'. fined for, excessive drinking, John Bauldwin fined for, distemper in drink, Thomas Dutchfield fined for, 132132 132-132132133 133 133133. 133 133133 133134134 134134 134 134135135 135 135135 , 136136136136 136 136137 137137137137 138 13313S138 138^ 133 138 138139 INDEX. 185 PASE Crimes, Misdemeanors, 4c, continued. •*" adultery, James Brittaine and Mary Latham condemned to death for, . 139 ^ sinful attempt (case of Stephen Betson) ''"'.' 139 t> theft and intemperate drinking, Nathaniel Smith sentenced for, . . 139 "' drinking and selling wine, 4c, James Merrick, 4c, fined for, . . 139 v intemperate drinking (case of Thomas Orton, 4c ) .... 139 (" " Thomas Sheepe) . . . . . 139 Crispe, , Mr., estate of, 4 his Company to make a payment to John Kirman 20 Crofte, Griffin, 4c, jury (case of Hugh Buett) 101 Crosbey, Dorothy, bond for appearance, 4c 107 Crosse John, warned to appear as to his servant Clement Manning, discharged 76 Robert, remitted to Ipswich Court 100 Crugott, James, 4c, viewed the body of Austen Bratcher .... 7 Cursing. (See Crimes, 4c) Curtis Henry 4c, bond by (case of George Richardson) .... 99 Willi:, 4c, jury of life and death 70 William, of Roxbury, mentd. (order as to Richard Brown) ... 71 Cutler, Robert, 4c, jury (case of Marmaduke Peirce) .... 89 Cutshamache, to pay charges to James Ludden for not prosecuting . . 82 Dade, Willi: 4c, jury (case of Marmaduke Peirce) 89 Dalton, Tymothy, Mr., 4c, were made free 69 Damerills Cove, thefts from the' Indians at, 4c. Nicholas Frost sentenced for, 28 Damford -» Damfort > (See Davenport.) Damport ) Dan, , Mr., 4c, arbitrators (Mr. Humphrey 4 Robert Saltonstall) . 133 Dane, James, case of, (making an Indian drunk) 105 Danfort, Thomas, 4c, presented for taking too much wages . . . 135 Danvard or Dunvard John, bond for appearance 92, 93: Dauling, David, 4c, case of, (filthy and unclean practise) . . . . 134 Davenport or Damford, Damfort, Damport , Mr., 4c, to lay out Mr. Gurling's "land 73 (or Davies), , Sergeant, testimony by, (administration on goods of Francis Dent) 82 — , Lt., John Kempe committed to, as a slave .... 86 Jonathan Hatch committed to, as a slave .... 97 Giles Player committed to him until he satisfy for his theft 99 John Hogg committed to, 102 Rich., Ensign, to be sent for, for defacing his colors .... 50 Thom, case of, causing balls with copperas in them to be cast into a man's yard 91 186 INDEX. Davies or 1 Davis / (or Damport) , Sergeant, testimony by, (Administration on goods of Francis Dent) Ephraim, widow of, married John Knowles, mentd. Isaack, to be sent home to his wife in England . James, case of, (unquietness with his wife) allowance to, for keeping John Kempe John, 4c, discharged to be whipped arid to wear the letter V upon his breast for gross offences discharged from wearing the letter V bond for appearance .... Nico: , bond for appearance . Toby, fined for drinking with others Willi: , case of (drinkings at his house) William, case of (keeping a disorderly house) (keeping victualling against order of the Court) Davison or \ Davyson / , Mr., 4c, to examine accounts between Mr. Joanes 4 Mr. Mayhewe 82 77 67 93 119 77 81 87 98 89 131 86 116129 Nicolas, to bring Edward Saunders into Court Mr., forfeited his bond (case of Edward Saunders) case of (swearing) . bill of, delivered by Sill, to be kept by the secretary Dawe, John, sentenced to be whipped for enticing an Indian woman to lie with him Day, Stephen, case of (defrauding) 133 938082 87 98 19 Deacons of Dorchester, Mr. Allen's strong water to be delivered to Deare, Philip, attachment against, 4c, referred to Salem for drunkenness Death. (See Punishment.) Deawy. (See Deway.) Debts any bill assigned to another shall be good debt, 4c . . ... corn shall pass for payment for all debts ... . . Margery Mathew, widow, allowed to sell her husband's house 4c, to pay debts Dedham, Town of, John Howard sworn constable of, 5 Dec. 1638 fined for want of a pair of stocks .... weights and measures delivered in a transcript of their lands .... Nicholas Powell appointed surveyor of arms at Dedham delivered in a transcript of their lands, 4c, and order as to a way Deed in 1636, by Willi: Swift to John Haynes, mentd 267375 18 20 109 80 8490 117, 123 . 125 . 135 96 INDEX. 187 PAOB Deere Island, 4c, granted to Boston for twenty one years .... 44 Deesbro or) Deebbury I Isaack, fined for stealing at Pecoit 81 Isaac, bond for appearance at Salem Court and Boston Court . . 90 forfeited his recognizance 92 Denne, Willi: , to satisfy for fine imposed on his servant George Horne . 76 Dennison Daniell, [Mr.], 4c, land above the Falls on Charles River granted to, 42 William, Mr. chosen constable of Rocksbury ..... 40 4c, gift towards the. Sea Fort 42 Isaack Allerton to make a payment to, in a suit for debt . 47 Willi: , 4c, had liberty until the next Court -"..... 84 Dent, Francis, administration on goods of, granted to Edmund Audley . 82 Denux, William, Daniel Mansfield put to, for five years, 14 Nov. 1642 . 128 Deputy or -> Deputy- Governor J creditors to repair to, (admn. on goods, 4c of Robert White) . . 56 to direct the Beadle to issue summons 4c in Civil Actions ... 2 shall always be a Justice of the Peace 3 4c, present at Court, 3, 5, 8-21, 23-28, 30-34, 36, 39, 42, 45-48, 50, 52, 54, 55, 57-59, 61-67, 69, 71, 72, 74, 76, 77, 81, 82, 85, 88, 89, 91-93, 95, 96, 98, 99, 102-105, 107, 108, 120, 122, 123, 125, 130, 132, 134, 138 business concerning Mr. George Ludlowe to be referred to 10 4c, license from, mentd. (order as to travellers) ... 15 no person shall sell wine 4c without leave from .... 33 and inhabitants of Dorchester, to receive three pounds for caring for Thomas Lane 46 4c, to examine witnesses (Mr. Hough against Mr. Maveracke) . 58 to settle difference between John Coggeshall and Phebe Seales . 67 Deriding. (See Crimes, 4c) Desbre, Thomas, John Moody granted administration on goods, 4c of, . 35 Deway (or Deawy), Tho., 4c, witnesses, (will of John Russell) . . 57 Dexter or 1 Dextor / Thomas, against Capt. Endicott (action of battery) .... 15 bound to his good behavior, and fined for speeches, 4c, to S. Bradstreete 24 part of his fine forgiven him . .... 30 sentenced to be set in the bilbowes, disfranchised, 4c, for seditious words 30 John Dillingham, 4c, difference between, referred to Mr. Endicott, 4c 35 fined for drunkenness 36 forfeited his recognizance (case of Walter Knight) . 102 Dearmant Matthew put to, 129 188 INDEX. Dice, order against cards, dice or tables in houses Dickerson or \ Dickinson / Thomas, sentenced to be whipped and condemned to slavery discharged from slavery and committed to Ensign Richard Walker Diffy, Rich., servant to Sr. Richard Saltonstall, to be whipped . Dillingham , Mr., to be rated for the cattle of Mr. Downing's Edward, and Richard Saltonstall, order as to accounts between Mr. Richard Saltonstall, 4c, order as to agreement between Mr. Apleton, "4c, accounts between, mentd. John, 4c, jury (Dexter against Endicott) Richard Wright, 4c, differences between, referred to Mr. Endi cott, 4c, and wife, deceased, comtec. to report as to estate of, Dinely, Willi: , George Woodward granted damages against, for not prose cuting Distringas, mentd. (order as to Civil Actions) ...... Disturbance. (See Crimes, 4c) Divorce, case between Richard Beggarly 4 his wife referred to in note Anne Clarke granted a divorce from Denis Clarke (See also Husband and Wife.) Dixon William, sentenced to be set in the bilbowes for drunkenness forfeited his bond and goods attached ..... Dorchester, Town of, ordered that Mattapan shall be called Dorchester .... order as to "those of Dorchester who bought cattle of the merchants of Dorchester " Thom [as] Stoughton chosen constable of Dorchester .... mentd., order as to levy for maintenance of Mr. Patricke, 4c . Mr. Tho. Stoughton, constable of, fined " for taking upon him to / marry " ordered that a watch of four shall be kept every night at Dorchester, 4c, to begin at sunset William Gayllerd of, mentd. ..... mentd. (order as to levy for the creek at Newe Towne) William Phelpes chosen constable of, . assessed (order as to levy for making a palisade) Mr. Allen's strong water to be delivered to the Deacor George Dyar chosen constable of, ... as to land at Dorchester Neck .... and Rocksbury, Capt. Traske, 4c to settle bounds between John Russell of, ....... assessed to defray public charges .... Eltweed Puniery sworn constable of, . mentd. (order as to Thomas Lnne) s of Dorchester PAGE 12 90 97 4063 6405 15 35 63 62 138 32 1013141619 2026282929 35 3745 15, 46 INDEX. 189 Dorchester, Town of, continued. inhabitants of, to receive three pounds for caring for Thomas Lane . constable of, fined for not returning his warrant for the last levy Steven Terry sworn constable of, Church of, Mr. John Warham, pastor of, mentd. (Will of John Russell) old people of, mentd. (Will of John Russell) John Russell, merchant, died at,- 26 August 1633 John Philips chosen constable of, Nicholas Upsall of, mentd fined 4c ............. fined for a defective highway town of Roxbury fined for damming up the nearest way from Boston to Dorchester presentments of, as to highways 4c discharged . to use Sergeant Collicot's house for a watch house fined for not bringing in a transcript of their lands 4c, to pay charges for Muddy River Bridge way of, presented ..... red' discharged, the " bridge and way being repa way to be mended .".... fined for defective ways, time granted to, George Wicks sworn constable of, Henry Leake and his wife to acknowledge their fault at, John Smyth, clerk of the band at Dorchester, mentd., Barnabas Fawer sworn constable of Dorchester Brook, presentment of bridge at, discharged for want of proof Dorchester Mill, way toward, mentd. (order as to town of Roxbury) . Dorchester Neck, inhabte. of Boston to have liberty to fetch wood from, 4c Downeing. (See Downing.) Downes, William, etc., sentenced to be whipped for running away from their masters, 4c Downham, John, case of, (getting his wife with child before marriage) Downing or Downeing , Mr., rate on cattle of, in possession of Mr. Dillingham . Emanuel, Mr., 4c, mentd. (divorce of Anne Clarke) .... Draintonot Drayton Mr.-, his cause against Mr. Wannerton trans mitted to Piscataqua Court Drake Joane (or Jane) will 4c of, presented order as to legacy by, to her nephew, John Nott Drayton (or Drainton) , Mr., his cause against Mr. Wannerton trans mitted to Piscataqua Court Drinking, excessive, or drinking to another. (See Crimes, 4c) Driver, Robert, case of, Drunkenness. (See Crimes, 4c.) Ducke River, or Conamabsqnooncant River, mentd. (grant to Capt. Jo: Endicott) 46 505557 57 57 6368 75 79 84 8484 90 93 94 99 106 116123130131 131140 84 106 29 59 9440 138131 7277 131 24 J^p* 190 INDEX. PAGE Ducket , Mr., case of, (confederacy 4 concealing) .... 109 Dudley -, Mr., 4c present at Court ...... 54, 55 ifference referred to ....... 56 4c, present at Court . ... 57-59, 61, 62 to examine accounts between Richd. Saltonstall and Edward Dillingham 63 mentd. (Accounts of Richard Saltonstall, Mr. Apleton 4c) 65 4c, present at Court, 65, 105, 107, 108, 115, 117-120, 122, "123, 125, 127, 128, 130-132, 134, 137, 138 Samuel, Mr., fined for drunkenness . . ." . . . 25 land above the Falls on Charles River granted to, . . 42 Thomas, Mr., Deputy Gov'., 4c present at Court ... 1 Esq., Deputy Governor, two hundred acres of land near Newe Towne, granted to, 23 4c land above the Falls on Charles River granted to, 42 Mr., sen'., 4c, present at Court 62-64 4c (Court of Assistants) order by, (case of John Pratt) . 112 Duglas , " sister," mentd. (will of Joane Drake) . . .72 Dumer ") Dumer 1 Dummer J , Mr., rate placed on estate of, in Rocksbury and Saugus . . 39 4c, gift towards the Sea Fort ...... 42 4c, present at Court . . . 54,55,57,58,61-64 and Jehu Burr, difference referred to a committee . . 61 Richard, Mr., 4c, present at Court, .64 fined for want of weights 4 scales .... 94 fine remitted to, 104 Duncan , Lt., to take an inventory of goods of Sarah Lishe 4c 91 Dunkin, Samuel, discharged .......... 100 Dunster , Mr. petition of, granted 4c ...... 137 Dunvard. (See Danvard.) DUTCHFIELD , Mr. 4c, admonished to take heed of concealment . . . 109 Thomas, Mr. case of, (distemper in drink) 139 Dutch Plantation, The, enticing servants to run away to, 4c Rich. Cokar sentenced for, 51 Dutton, John, case of, (drunkenness 4c) . 98 Dyar George 4c jury, as to death of Austen Bratcher .... 6 choBen constable of Dorchester .... 28 Eastward, The, Plantation to, commission, as to murder of Walter Bagnall . . 26 Lt. Mason to receive ten pounds for his voyage to, .... 34 testimony by John Holland at, 55 INDEX. 191 Eaton , Mr., house of, mentd. (case of Thomas Symonds) Edmonds Walter, took oath as constable of Concord Willi: bond by, for his wife's appearance . Edwards Henry 4c discharged from their recognizance Mathewe, to be whipped for misdemeanor . Robert, town of Concord discharged as to lot of, . Elders, The, advice of, desired by members of Hingham Eldred , Mr., theft from his man (case of Mary Felton) deposition by Isaac Addington as to his wine !• (See Ellford.) Elford Elfords 1 Elington, Thomas, 4c , granted adm". on estate of Mr. Ballard . Eliot, Jacob, deposed to the will and inventory of John Tee Elkyn, Thomas, unchaste behavior with, Katherine Gray sentenced for, Ellen, Nicho., fined for idleness 4 disorderly living ... Ellford or Elford, Elfobds John, bond by, to answer for the death of Thomas Puckett . 4c had respite until the next Court Ellis, Arthur, 4c, viewed the body of Austen Bratcher Ellwell "1 Elwell / , and Kibbe, capias granted to bring them before the Governor . Roberte, 4c, testimony by, (case of Thomas Wonnarton) Emerson John, accused by Edith Pitts, forfeit by, . .... of Scituate, evidence against, ....... bond for appearance, and bound to his good behavior, discharged of his recognizance Emery Anthony, fined for a pound breach, and to pay charges to Thomas Coleman Jdhn, carpenter, debt due from, mentd. (inventory of goods of Joseph / Avery) Endecot EndecottEndicotEndicott 103 76 98 87 85 126 108 129 117 115 48 84 11 83 7 65 56 .65 7476 82 80 58 -, Capt., took the oath of an Assistant, 7 Sept. 1630 ... 3 Mr. or Capt., Col., 4c, present at Court, 3, 5, 8, 10, H, 15, 17, 19,20,21,24,26,27, 30,31,33,39,42,46- 48,50,63,64,66,69, 74,76,77,81,82,85, 89, 93, 96, 103 Mr. 4c, to be Justices of Peace 3 192 INDEX. Endicott, continued. , Capt., Thomas Dextor against, (action of battery) ... 15 mentd. articles concerning a general trade of beaver . 15, 16 took the oath of an Assistant ..... 24 ground of, mentd. (grant to Mr. Skelton) ... 24 Mr., takes oath as Assistant ....... 33 4c, to settle differences between John Dillingham, 4c . 35 4c, to examine accounts (Richard Saltonstall 4 Edward Dillingham) 63 mentd. (accounts of Mr. Richard Saltonstall, Mr. Aple ton, 4c) 65 Col., John Sweete sentenced for shooting his dog ... 66 Mr., Willi: Androws to serve Mr. Endecott 87 mentd. (case of Thom. Gray) 94 Thomas Patience referred to, ...... . 105 Jo: Capt., three hundred acres of land near Salem granted to, . 24 John, Esq., 4c, to determine 4c. all matters of difference concerning estate of Willust 52 to see correction given to George Ropps .... 62 Mr. or Col., 4c, present at Court . . . 63,64,66,69,77 4c, agreement as to estate of John and William Fiske . 77 England .. Tower of Justices of the Peace in, 3 Thomas Morton sent a prisoner to, 4 Mr. Aleworth 4c to be sent to, " as unmeet to inhabit here " . .10 petition sent from, as to Mr. George Ludlowe . . 10 Assistants going to, . ........ 12 Capt. Southcoate granted liberty to go to England . . 18 writing falsely to, mentd. (sentence of Henry Lyn) . . .19 order as to planters who intend returning to, ..... 21 Tho. Knower said he would have his case tried in 21 Lt. Aleworth granted liberty to return to, 28 cost of provisions 4c in, mentd. . 39 mentd. (order as to Thomas Coleman) ....... 58 Isaack Davies to be sent home to, ....... 67 Old England mentd. (will of Joane Drake) 72 (case of John Woolridge) 73 mentd. (order as to George Pye) ........ 76 James Luxford sent to, . ...... 89 mentd. (Andrew Coleman and Willi: Swift) ... 96 (as to John Hogg) 103 reports made to, mentd. (answer by John Pratt) .... 110-112 advice from; mentd. (order as to John Richardson) .... 139 English or Englishman order as to selling corn 4c to the English and Indians ... 6 whether adultery with English or Indian shall not be punished with death 19 INDEX. 193 English or Englishman, continued. grain not prospering in our land, mentd. (answer by John Pratt) . . Ill Pesons, or George, the Indian, banished not to come among the Eng lish after a week 118 John Winthrop, Esq., Governor of the English Colony in the Massa chusetts, great lot of land of, ment". 22 order as to paying any. Englishman that kills a wolf .... 8 no Englishman shall entertain or give houseroom to Thomas Graye 20 no Englishman shall receive any reward for killing wolves ... 29 Entertainment, House of. (See Ordinary.) Enticing. (See Crimes, 4c) Evans, Tho., Button allowed charges with, 101 Evar. (See Ewar.) Evrell, James, John Fox apprenticed to, 117 Ewar or Evar , [widow], allowed executrix of her husband .... 80 Thomas, chosen constable of Charlestown ...... 73 fined for leaving his pit or well open ..... 75 deceased, his widow allowed his exec1. . .... 80 Exeter, Sergt. Wardall to train the company at Exeter .... 133 4243 9092 140 59 48 Faber, Joseph, fined for selling wine ........ 72 Falls on Charles River, land above the falls on the Easterly side of Charles River granted to Thomas Dudley, 4c Farms, order as to improvement of, within three years .... Farrington John, bond for appearance forfeited his recognizance Fawer, Barnabas, sworn constable of Dorchester .... Fawne, , Mr. , to pay damages to Robert Coles .... Feakes or Fbke , Lt., 4c, to take an inventory of goods 4c. of Mr. Craford Robert, Mr., 4c, comm™. to take an inventory of Mr. Crispe's estate, 20 chosen Lieutenant to Capt. Patricke . . . . 27 4c, to audit accounts, 4c. (Edward Howe 4 William Knopp) 52 Fearnes, , Mr., of ship " Hector," mentd. (case Of Thomas Miller) . 63 Feke. (See Feakes.) Fellingham or. } Felmingham ) Francis, discharged for want of witness ...... 80 of Salem, his servant, Richard Gell, whipped for running away, 132 Feloniously taking away, 4c (See Crimes, 4c) Felony. (See Crimes, &c) Felpes. (See Phelpes.) 194 INDEX. Felton Benjamin, brought Robert Scarlett into this country ..... 60 case of his wife Mary Felton (theft) ' 108 Mary, wife of Benjamin Felton, case of, (theft) ..... 108 Fen, Robert, to take John Twogood to Connecticut 100 Fences or Fencing order as to corn fence 33 town of Hingham fined for not making sufficient fences, 4c . 91 Ferry between Boston and Charlton, order as to payment for building, . 8 Charlton and Boston, Edw. Converse to keep, . . . 16 allowance to Edward Converse for ferrying, 4c .31 over Charles River, Mr. Richard Browne allowed to keep, ... 38 order as to canoes used at, . .78 town of Lynn to lay a ferry . 83 Edward Converse fined for neglecting the ferry .... 94 allowance to Francis Smith for ferriage ... . 139 Fibbin, Robert, freed, and debt to John Russell forgiven by consent of William Gallerd 46 (See also Phippen.) Filpot, William, case of (allowing drinking in his house) . . . 131 Fince "1 Finch iorEYNCH , Gooddy, sentenced to be whipped ...... 94 Daniell, 4c, jury .... 15 comm™. to take an inventory of Mr. Crispe's estate, 4c . 20 John, fined for wanting arms for his man and for being absent from training 29 Laurence Waters' wife, 4c to make a payment to, . . 75 Katherine, wife of Samuel, to be whipped, 4c for speaking against the magistrates, 4c 76 case of, to carry herself dutifully towards her husband 82 Samuell, 4c jury of life 4 death . .... .70 his wife, Katherine to be whipped, 4c . . 76 case of his wife Katherine Finch ... 82 wife of, attachment against, . 89 " certification that his wife is ill" . . ... 116 4c, case of, (not appearing upon the alarm) . 127 wife of, &c, attachment against 136 Fines. (See Punishment.) Fires, order as to burning any ground, 4c . .... 17 Fish. (See Fishing.) Fisher, Anthony, 4c, committee, as to affairs of Edward Allen . . .127 Fishing or Fish Conant's Island, with liberties of fishing 4c. demised to John Winthrop, Esq., Gov , for the term of his life 22 order as to swine in fishing time at Marble Harbor, 4c. ... 32 INDEX. 195 Fishing or Fish, continued. town of Cambridge discharged from the presentment about fish . 85 trade of, mentd. (answer by John Pratt) HO Fiske John, Mr., and his brother, William, agreement as to division of es tate, approved 4c 77 William, and his brother, John, agreement as to division of estate, ap proved 4c. 77 Fitch, John, 4c. , discharged with an admonition as to too many in a boat . 81 Fletcher, Robert, discharged 85 Flint, r, Mr., 4c, present at Court, 120, 122, 123, 125, 128, 130, 132, 134, "137, 138 Thomas, was chosen an Assistant, 18 May, 1642, referred to in note . 122 Mr., 4c, present at Court . ... . 134 William, case of, (fornication) 137 Foot Bridge. (See Bridge.) Ford, Tho , 4c, to set out bounds between Boston and Roxbury . . 41 Fornication. (See Crimes, 4c) Fort, The, or The Sea Fort at Boston, order as to finishing . 35 mentd., order as to Sergeant Perkins 36 plantations in the Bay to do two days work apiece at the Fort . . 38 John Chapman to give three hundred of four inch planks towards the sea fort 40 newcomers to contribute towards (cancelled) ..... 40 as to collecting money for the Moving Fort . . ... 41 money given for the Sea Fort ........ 42 shingles for the Fort at Castle Island, mentd. (order as to Richard Long) 60 Fosditch, Steven, 4c, jury (case of Marmaduke Peirce) .... 89 Foster, , Goodman, 4c, referred to Ipswich Court . . . 83 Foule. (See Fowle.) ' Fowl or Fowling, Fowlers no person shall shoot at fowl on Pullen Point or Noddle's Island . . 21 Conant's Island with liberties of fishing and fowling demised to Gov. John Winthrop, Esq. for the terra of his life 22 unprofitable fowlers 4c mentd. (order as to idlers) 37 Fowle or Foule , Mr., 4c, arbitrators, (case of William Tyngeand Tompson . 104 (Mr. Humphrey and Saltonstall) . 133 Thomas, attachment against Thomas Owen 99 Fox 1 Foxe / John, apprenticed to James Evrell 117 Thomas, servant to Mr. Cradocke to be whipped for malicious speeches 12 fined for not appearing to give evidence against John Lee . 43 fined 104 Freedom. (See Freemen.) 196 INDEX. Freedom. (See Servant.) Free Inhabitants. (See Freemen.) Freeman , Mr., bond by, (case of Mr. Clearke) .... Mrs., Mr. Clearke prohibited from cohabitation with, Samuel, damages against John Gay for not prosecuting Freemen or Free Inhabitants, Freedom list of those desiring to be made freemen mentd. .... admitted from 1631 to 1634 list of, mentioned in note assurance of land to, mentd. . lists of, 1634-5 referred to list of, 1635, 1636 referred to May 1636 to March 1638-9 referred to ... . Mr. George Moxham and Mr. Timothy Dalton were made free . list of, for May and June 1639 referred to May and Sept. 1640 referred to order as to Watertown Freemen French Willi: 4c, jury, (case of Marmaduke Peirce) .... William, Sergeant, Daniel Owles put to, for one year . Fresh Pond mentd. (agreement as to bounds of Watertown and Newton) Friendship (ship) mentd. (order as to fine of Mr. Shepheard 4c.) Frost George, case of, (being distempered with wine) .... Nicholas, case of, (theft, fornication and drunkenness) tried for returning after banishment .... 4c, of Paskataqua, forfeited their bonds for non appearance discharged of his recognizance, and bond for appearance Fry, William, will and inventory of, delivered in .... Fbyar Elizabeth, John Richardson to be sequestered from her 4c Leonard, fined and bond for appearance forfeited forty shillings for not appearing . • his forfeiture remitted ... fined for distemper in drink .... . Fuell, Samuel; bond by, (case of Henry Singleman) . Fuller , respited . . • . Edward, attachment for, ...... bond for appearance ..... bond by Edward Converse for appearance of, 4c, to appear at Court for being distempered with wine Willi: , who kept the mill at Concord fined for taking too much toll Fynch. (See Finch.) 88 72 8 15 45 45 54 666982 93 9989 1;2 53 18 133 28596162 134139 lot 136 138133 118 117 7988 88 88 Gage, John, 4c, at Aggawam mentd. .... Gager, , Mr., maintenance of, menf. (order as to ministers) 31 INDEX. 197 Galard \ Gallard >-or Gaylard, Gayllard, Gayllerd Gallerd ' William, 4c, jury, (case of Walter Palmer) 9 of Dorchester, Thomas Chubb to become his servant . . 14 4c, granted adm.n on goods 4c of John Russell . . . 35 to set out bounds between Boston and Roxbury . . 41 adm' of John Russell 4c Robert Fibbin freed by consent of, 46 4c, to determine 4c as to damage by swine ... 49 exec*8., exhibited an inventory of goods of John Russell, 55 Galley, John, fined for knowing his wife carnally before marriage . . 60 Gallows. (See Punishment.) Gambling. (See Crimes, 4c) Gammage, John, case of, (swearing drunkenness 4c) 133 Gardner, Christopher, S'., 4c, to be sent prisoners to England . . 10 Garford, , Mr., George Ropps to be whipped for striking him . . 62 Garland John, 4c, case of, (ravishing two young girls) 122 (stealing) 134 Garret \ Garrett / James, 4c, jury, (case of Marmaduke Peirce) . . — . . . 89 Richard, 4c, inquisition upon oaths of, on body of William Bateman 7 execre. of, to make a payment to Henry Harwood ... 18 Gately, Edward, Mr., to make a payment to Francis Lightfoot . . . 134 Gay, John, charges to Samuel Freeman for not prosecuting .... 72 Gaylard \ Gayllard y (See Gallard.) Gatllerd J Geaves (or Graves), , 4c, witnesses, grant to, 98 Richard, 4c, referred to Court at Salem for fighting 4c ... 80 Geepin, John, 4c, jury of life and death 70 Gell, Richard, servant of Francis Fellingham, case of, (running away) . 132 General Court . to be held on the last Wednesday in every term (question propounded) 2 19 Oct. 1630 record of, mentioned 8 order passed in June 1641, reference to, in note 13 18 May 1631 record of, mentd. in note . . ... 15 order passed by, in Nov. 1639 reference to, in note . ... . 17 in Sept. 1638 reference to, in note 18 itobert Coles enjoined to confess to being drunk before, . . . 21 9 May 1632 record of, referred to 23 March 1685 order of, referred to, in note 23 Capt. Endicott chosen an assistant at, 24 Thomas Dexter ordered to confess his fault at, (insolent carriage 4 speeches to S. Bradstreete) 24 rent for Noddle's Island to be paid yearly at, 31 198 INDEX. General Court, continued. 29 May 1633 record of, referred to Mr. Endicott chosen an Assistant mentd. order as to Fort at Boston mentd. record of, May 14, 1634, referred to March 4, 1634-5 referred in note Mr. John Winthrop, Jun'. chosen an Assistant at, mentd John Humfry Esq. chosen an Assistant at, mentd. record for Sept. 1634 referred to . 4 March 1634-5 referred to ... . for May, June and July 1635 referred to . 1 Sept. 1635 first Grand Jury at, referred to in note record of, for Sept. 1635 referred to . . 3 March 1635-6 record of, referred to . records of, from March 3, 1635-6 to May 25, 1636 referred to, record Sept. 8 to Oct. 28, 1636 referred to, . 7 Dec. 1636 to 18 April 1637 referred to . 17 May 1637 referred to Mr. Richard Saltonstall chosen an Assistant at, mentd. record 1 Aug. 1637 referred to 26 Sept. 1687 by adjournment ..... record 26 Sept. 1637 to 20 Nov. 1637 referred to . for March and May 1638 referred to . mentd. (banishment of William South) record for Sept. 1638 referred to . March, May and June 1639 referred to Sept. and Nov. 1639 referred to . 13 May 1640 referred to for Oct. 1640 referred to July 1641 referred to Geneson 1 Genison r (See Jennison.) Gennison ' George (or Pesons), , an Indian, banished . John, put to John Winthrope, Senr. for eight years Germany 4c Churches of God in, ment'1. (order as to a day of thankss Gibbings- public living) '1 Gibbons } °r Gibones, Gibons. , Mr., his servant, James Woodward, whipped for running awav, 4c, to take an inventory of goods 4c of Alex. Wignall . Capt., 4c, arbitrators, (case of William Tynge ami Robert Tompson) Edward, 4c, fined for drinking Mr., 4c, comm™. to take an inventory of Mr. Crispe's estate, John, fined .......... (or Wilbore), Samuel, 4c, Grand Jury . . . . . PA9E 3233 35 45 45 40474852 545759616264640660696971 7476 7782 83 93 98 107 US 104 23 2733 104 18 208370 INDEX. 199 Gibbs, Gyles, to receive a payment from Wm. Wills, for felony . Gibones) , & /-. -, _. > (See Gibbons.) GlBONS i Gibson, Christopher, 4c, jury, (case of Hugh Buett) . . . . " Gifte " (ship) Thomas Morton sent a prisoner to England in, . Gilberd, Nicholas, a servant, Christopher Graunt fined for cruel usage of, Giles: (See Gyles.) Gilham. (See Gillam.) Gill, John, and his wife 4c presented for taking too much wages Gillam or Gilham , Goodman, Nathaniel Tappin put to, . Benjamin, 4c, witnesses, allowance to, (case of Richard Lambert) fined for absence from jury of trials ..... Robert, had wine of Mr. Eldred ." . . . . Gillow, , action against, 4 Sept. 1638, referred to in note . Ginner, Mr., 4c. to settle things between John Turner and William Richards Glover -, Mr., canoe of, William Almy fined for taking, Ralfe, Mr., 4c, William Bateman was left with, at Pullen Point mentd. (inquisition on body of William Bateman) witnesses, mentd. (inquisition on body of William Bate man) Thomas Moulton to pay forty shillings to, Benjamin Cribb 4c sentenced for stealing pigs of, , admn. granted to Mr. Mayhewe on goods 4c of, inventory and order as to estate of, . Goats order as to allowance for weaned goats 4c 4c owners of, to make full satisfaction for damage done by them order restraining ram goats Goble, Thomas, 4c, jury, (case of Hugh Buett) . Godson, Frauncis, bond for appearance Goilthayt, Thomas, Mr. Pelham to pay him five pounds Gold, Fbancis, 4c , watchmen, imprisoned for drinking strong water Goldston, Henry, 4c, dismissed from training by reason nf age 4c Golthrope Ralph, ease of, (being distempered with wine) (distemper in drink) (being distempered with drink) Goodnow, Edward, sworn clerk of the band 5 June 1643 Goose, Willi: , Mr., respited . Goouch, , Mr., of Newberry, case of, (selling strong water) Gorton, John, 4c, case of, (not appearing upon the alarm) Gospel, the, mentd. (answer by John Pratt) .... Gosse John, 4c, jury, (Dexter against Endicott) .... case of, (common railing) ..... PAGE 56 101 4 103 135132 49 138 129 76 97 16 7 1013 34 46 8 14 34 101 48 16 8750 130132 136 123 8083 127111 15 85 200 INDEX. PAG3 Gosse, continued. John, etc, fine remitted to 98 William, and his wife to answer things objected against them . . 117 Gouldsworth ) gouldworth / John, to be whipped and set in the stocks 6 Governor 4c present at Court 1, 3, 5, 6, 8-21, 23-28, 30-34, 36, 38, 39, 42, 45-48, 50, 52, 54, 55, 57, 59, 61-66, 69, 71, 72, 74, 76, 77, 81, 82, 85, 88, 89, 91, 92, 95, 96, 98, 99, 102-105, 107, 108, 115, 117, 118-120, 122, 123, 125, 127, 128, 130, 131,-134, 137, 138 Mr., ment* (order as to ministers) 2 James Pen appointed a Beadle to wait upon 2 Court of Assistants to be held at the Governors house 7 Sept. 1630 . 2 to direct the Beadle to issue summons in Civil Actions ... 2 shall always be a Justice of the Peace 3 entertainment of public persons by, charges for, to be estimated (mem0.) 3 House of, Court of Assistants to be held every third Tuesday at . 4 ordered that no person shall plant within the limits of this pattent with out leave from the Governor 4c 4 license from, as to selling corn 4c ...... 0 Mr., time for building the ferry between Boston and Charlton to be appointed by, 8 petition sent out of England to, as to Mr. George Ludlowe . . 10 business concerning Mr. George Ludlowe to be referred to, . . 10 4c, oaths for, mentioned in note ....... 15 license from, mentd. (order as to travellers) .... 15 4c, no person shall buy corn 4c from any ship that comes into the Bay without license from, 16 4c, ordered that all the Islands within this pattent are to remain in the power of, 17 grant to Gov'. Winthrop of land near his house at Misticke . . 19 Mr., to have part of Mr. Shepheard's fine to pay for ferrying the watch from Charlton to Boston 20 no planter returning to England shall carry money or beaver with him without leave from, 21 for the time being, rent for Conant's Island to be paid to, . . 22 bond by Bryan Bincks 4c that they will not depart out of the limits of this pattent without leave from, 25 inquiry concerning the murder of Walter Bagnall referred to . 26 great lot of, mentd. (agreement as to bounds of Charlestown and Newton) 30 for the time being, rent to be paid to, (Noddle's Island granted to Mr. Samuel Mavericke) 31 committee chosen to take an account of debts due to, . . . . 33 salary of, order as to .......... 33 INDEX. 201 Governor, continued. no person shall sell wine 4c without leave from, .... 33 John Lee punished for speaking reproachfully of, .... 49 4c, to dispose of the estate 4c of Edmond Lockwood, if necessary . 52 4c, to dispose of the estate 4c of Edward Lockwood .... 54 return to be made to, as to bounds of land sold by Chickataubut to Mr. Pinchon 55 4c, case heard by, 2 June 1636, referred to, in note .... 62 mentioned (case of Thomas Miller) 63 Moses Maverick paid rent to, for Noddle's Island ... 63 had leave to keep a Naviganset Indian and his wife . . . .91 money delivered to, by one who had taken " too great prices" . . 91 " the Court gave way to," " to free his servant Thomas Philips " . . 92 affronting, (case of Anthony Stoader) 108 Mr. Bellingham was Governor 27 April, 1642, referred to in note . 122 part of estate of Monsieur Thyery, deceased, in hands of , . . . 127 Governors Garden, name of Conants Island changed to 22 Grames, Samuel, 4c, goods of John Hogg secured to 103 Grand Jury. (See Jury.) Grant or Graunt Christopher, fined for drunkenness 50 fined for drinking 4c 73 to satisfy for John Clare's fine 92 case of, (cruel usage of his servant Nicholas Gilberd) . 103 discharged 106 Grants of Farms to be improved within three years 43 Graues. (See Graves.) Graunt. (See Grant.) Graves or Graues , Mr., neck of land whereon he dwells to belong to the Newe Towne (agreement) 22, 30 4c, to take an inventory of goods 4c of Alex: Wignall . 33 drinking aboard ship of, John Woolridge fined for, ... 34 (or Geaves) 4c, witnesses, grant to, .... 98 Thomas, 4c, viewed the body of Austen Bratcher .... 7 Gray 1 Graye / Katherine, to be whipped for unchaste behavior with Thomas Elkyn . 48 Thomas, enjoined to attend Court to answer 4c and to remove out of the limits of this pattent 6 house of, at Marble Harbor to be pulled down 4c sentenced to be whipped and banished .... house of, at Marblehead mentd. (case of Ralph Warriner) case of, (drunkenness profanity 4c.) .... case of, (drunkenness 4c) Great Pond and land above the Falls on Charles River granted to John Haynes Esq. 4c 42 2076858794 202 INDEX. Green "^ Greene ' John, Mr., of New Providence, fined and banished from this juris diction for speaking contemptuously of the magistrates 71 admn. on estate of, granted to Daniel Brewar in whose house he died 81 Greenfield Mary, Jonathan Thing sentenced for ravishing her . . . 106 Samuel, payment to, (case of Jonathan Thing) . ... 106 Greenliffe Edmond, referred to Ipswich Court - 83 charges to Willi: Hamond for not prosecuting . . 98 Grub, Thomas, fined for not appearing upon the jury 137 Gunnison, Hugh, David Weane put himself to, 129 Gurlin Gurling J , Mr., land of, to be sold to satisfy creditors .... 71 sale of land of, confirmed 4c ...... 73 land of, Mr. Willard 4c appointed as to, . . 74 widow, mentd. (account as to estate of Richard Gurling) . . 85 ,} Richard, account as to estate of, by John Benjamin .... 85 Gurtridge. (See Gutrige.) Gutrige (or Gurtridge), William, enjoined to take care of Ales Burwood . 87 Gyles or Giles Edward, fined for knowing his wife carnally before marriage . . 60 Mary, dallying with, Abner Ardway accused of, 135 Haines. (See Haynes.) Hale > Hales > , Mr., 4c, admonished to take heed of concealment . . . 109 Robert, 4c, appraisers, (estate of Henry Harwood) .... 72 Sara, wife of Willi: Hales, case of, (miscarriage) .... 108 case of, (escaping) ......... 109 (or Hall), Thomas, referred to Ipswich Court . .... 83 Willir, case of his wife Sara Hales (miscarriage) . 108 Halford, Will: , 4c, difference between John Cogan, John Tylley 4c re ferred to, 54 Hall or Haul, Haule Edward, 4c, referred to Salem . . . . . . . 76 John, case of, (correcting his boy) ....... 83 4c, jury, (case of Hugh Buett) 101 (or Hale), Thomas, referred to Ipswich Court . . .83 Halsteed Nathaniel, inventory of, presented and order as to estate . . 138 William, appointed admr. of estate of his father Nathaniel Halsteed 138 INDEX. 20J Hammon ¦» Hamon >- Hamond ) William, to be set in the bilboes for drunkenness . Thomas, 4c, Grand Jury, Willi: , attachment for, charges against Edmond Greenliffe for not prosecuting, Hampton, Town of, presentments discharged fined for want of weights and measures Hands, Marke, discharged Handwriting of Increase Nowell, secretary, record in, of Secretary Simon Bradstreet, record in, of Edward Rawson, secretary, .... marginal note in, mentioned in note of Increase Nowell, entry in, referred to in note . record in, referred to, . of the secretary referred to in note of Thomas Lechford record in, Harbor River (Salem) land upon, granted to Mr. Skelton Hardie. (See Hardy.) Harding \ HardingeI Mr., 4c, gift towards the Sea Fort .... John, 4c, sworn constables of Weymouth, 23 May 1643 Robert, 4c, inquisition upon oaths of, .... grand jury Hardy or Hardie John, things taken from wreck of, (bond by Thomas Turner Thomas, 4c, at Aggawam, nient'1. ...... Harlakenden. (See Herlakenden.) Harris John, to pay fees, admonished and discharged .... Josiah (or Josuah), apprenticed to Frauncis Weston . Harrison John, gentleman, attachment for, ....... 80 Mr., fined for non appearance, and admonished as to gaming Hart Isaack, bound to his good behavior ....... Israel, case of, (neglecting the watch) . John case of, (being distempered with drink) .... Harvest, plentiful, 4c, Day of Thanksgiving for, .... Harvy, Joseph, will and inventory of estate of, delivered into Court . Harwood Henry, exec™, of Rich: Garrett to pay him the sum of twenty nobles of Charlstowne, inventory of estate of, presented to the Court 4c) 26 70 8598 100106116 111 20 3062 96 115 24 42 123 7 70 105 31 139 41 31,82 8395 133 138 37 85 18 72 204 INDEX. Haslewood, John, to be whipped, and delivered up as a slave, foT breaking into houses, 4c Hasnet, Elizabeth, put to William Wilson, 5 Jan. 1642-3 .... Hastings, Thomas, 4c, certificate by, (case of Mighill Bacon) . Hatch \ Hatche > Jonathan, to be whipped and committed as a slave to Lt. Davenport . Will: , 4c, bond forfeited by, (case of John Emerson) Hathaway John, indicted for adultery with Margaret Seale found guilty of adultery Hathorne or Haythorne William, Mr., 4c, to determine, 4c as to damage by swine 4c, difference between John Cogan, John Tylley, 4c, re ferred to, Willi: , 4c, agreement made by, as to estate of John and William Fiske Haugh. (See Hough.) Haukes Adam, referred to Court at Salem Samuell, case of, (swearing, lying, 4c) Haul 1 Haule}^Hall-) Haward John, sworn constable of Dedham, 5 Dec, 1638 . . . ". William, Richard Cole put to, for one year Hawkens 1 Hawkins > James forfeits to be levied on, testimony as to wages paid to, . 4c, to make a weekly payment towards their forfeits case of, (profaning the Sabbath) .... Thomas, case of, (scurrilous speeches) .... (making bread too light [weight]) bond by, (case of James Hawkins) . Tymothy, 4c, fined for company keeping, drinking, 4c Hay, 4c, order for preservation of, . Hayden (or Heyden), James, servant, freed from his master Haynes or Haines < , Mr., 4c, gift towards the Sea Fort . present at Court ..... committee as to estate of Mr. Ouldam present at Court ... . . mentd. (order as to release of Edward Woodley 45-48. 79 129 105 97 656670 49 54 77 83 102 80 127 565657 118102116118 40 17 6542 50,52 6305 0542 John, Esq., land and Great Pond granted to, 4c, to take charge of writings left by the husband of Ruth Lockwood, 50, 51 to audit accounts, 4c (Edward Howe 4 William Knopp) 52 INDEX. 205 Haynes or Haines, continued. John, Esq., 4c, to dispose of the estate, 4c of Edmond Lockwood, if necessary 52 Mr., 4c, present at Court 63,64 Esq., letter of attorney from Andrew Coleman, mentd. . . 96 Willi: Swift mortgaged his house and lands to, 4c, mentd. . 96 Governor, 4c (Court of Assistants), order by, (case of John Pratt) 112 Richard, 4c, bond by, (case of Daniel Hutchins) .... 95 Haythorne; (See Hathorne.) Heathersby, Robert, discharged of his bond, 4c 130 Hector (ship), Thomas Miller, pilot 4 mate of, committed, for seditious speeches 63 Hefford (or Hofford), Samuel, freed from his master, Jonathan Wade, and put to John Johnson 101 Henbury (or Henberry), Luke, to be whipped, for theft, and for running away 72 Heresy. (See Crimes, 4c) Herlackingden -j Herlakenden >- or Harlakenden Herlakendon I / ,- Mr., 4c, committee as to estate of Mr. Ouldam ... 63 present at Court .... 65,71,72,74,76 Roger, Mr., 4c, " ". " 63,66,69 Capt. Lovell's business 4c referred to, . . . 77 Hett, Anne, case of, (attempting to drown her child) ..... 126 Heward. (See Heyward.) Hewes. (See Hughes.) Hewet or Huet, Huitt Robert, to be whipped for committing fornication .... 30 Susan, 4c, who sold goods to Sarah Pell, order as to . . . . 121 Willi: , 4c appraisers (estate of Joane Drake) ..... 72 Hewlet Lewes, case of, (extortion, 4c.) ... .... 89 forfeited his recognizance . . .... 92 Heyden. (See Hayxjen.) Heyward (or Heward), John, sentenced to be whipped for swearing, 4c. . 53 Hibbens 1 Hibbins / , Mr., mentd. (bond by John Crabtree, 4c) .... 98 allowance to, for his horse killed in public service . . 128 4c, present at Court . . . 130-132, 134, 137, 138 Hickbourne, David (or Davy), case" of, (gross misdemeanors) . . . 107 HlGGENSON , Mrs., land of, mentd. (grant to Mr. Skelton) .... 24 Timothy, had wine of Mr. Eldred 129 Highways or Ways town of Lynn enjoined to mend their ways 75 206 INDEX. Highways or Ways, continued. town of Weymouth fined for, ........ Dorchester " " Boston '• " Ipswich u « ........ presentment of town of Ipswich for, mentioned town of Lynn fined for, ..... . . . Boston " " 4c, ment4. "(Dorchester presentment) ....... town of Weymouth fined for, ........ to the mill, town of Watertown discharged as to, town of Watertown fined for, . . Cambridge " " at Long Swamp, 4c, town of Cambridge enjoined to repair attachment against town of Ipswich for town of Cambridge fined for, at Vine Swamp, 4c Boston fined for, . Hingham fined for way of Dorchester presented ........ town of Hingham fined for, set out by town of Ipswich, mentd. town of Boston to repair the ways between Powder Horn Hill and the Written Tree Lynn enjoined to repair their ways Roxbury enjoined to make a sufficient way between the burial place and the gate enjoined to repair the way over the swamp toward Dorchester Mill Ipswich enjoined to repair their ways Cambridge enjoined to repair the way between Watertown and Roxbury Weymouth's defective way certified to be mended Salem enjoined to repair their ways Boston " " " " Salisbury " " " " way Rowley " " " " ways Dorchester way to be mended fined for, Boston fined for defective ways towards Roxbury Cambridge fined for a-defective way to Charlestown Boston presented for, ...... Dedham granted time as to a way between Dedham and Cam bridge Hill Abraham, Richard Bayly put himself to, Bartholomewe, case of, (stealing a loaf of bread) John, 4C-- bond by, as to overpayment Sam"., fined for drunkenness .... 79 79 79 8083 838484 848585 8585909090 9194949799 100 105106 106106106106106 106 106106 116 117 117 130135 138 9 9849 INDEX. 207 Hill, continued. Willm, Mr., 4c, to determine 4c as to damage by swine . John Cogan, 4c, difference between, as to ship "Thunder" referred to a committee Hilton, William, Mr., debt due from, ment1. (inventory of goods 4c of Joseph Avery) Hindersham (or Hindersam), Margaret, case of (ill behavior) . Hingham, Town of fined, 4c . . . to use the meeting house for a watch house. . acquitted from the presentment about Thom. Turner's lot . fined for not making sufficient fences, for defective highways 4 for not keeping constant watch fined for defective ways and bridge . .... John Porter 4 Henry Tuttle took oaths as constables of Hingham meeting house in, to be used as a watch house .... granted time to finish the bridge over Layford's liking . constables of, order sent to, as to Mrs. Strainge 4 her child William Jones and Eliz: Strainge to acknowledge their fault publicly at Thomas Cooper, 4c-, constables of Hingham, mentd. . members of, desire advice of the elders to settle their differences discharged, the way being made out ..... Francis James sworn constable of Hingham church of, Thomas Painter sentenced for disturbing . Hitchcock \ Hitchcocke / Richard bond for appearance Hoare, Mary, case of, (theft) Hobbe 1 Hobbey J John, murder of, John Williams found guilty of . Hobson Henry, servant of Henry Neale, freed from his master put to Goodman Thomas Meakins .... Hoffe. (See Hough.) Hofford. (See Hefford.) Hogg \ Hogge i John, fined for drunkenness case of, ...... (drunkenness, 4c) goods of, secured to Samuel Grames, 4c. Hogges or Hoggs John, fined for drunkenness swearing and cursing his servant Mr., fine remitted to, . case of, (drunkenness) Hogg Island, 4c, granted to Boston for twenty one years Hogos. (See Hogges.) 49 54 58 90 75 84-8491 94 97 100 116 119 124 126 126 129132135 48 119 69 122122 87 93 102103 7181899544 208 INDEX. FAOX Holbidge Arthur, testimony by Mr. Hutchingson as to wages paid to, . . 56 bound to his good behavior, 4c, for contempt, 4c ... 56 4c, to make weekly payments in discharge of their forfeits . 57 Holeman, , Mr., payment for, 120 Holgrave John, 4c , grand jury 70 referred to Salem 75 presented for drawing wine, and fined for contempt, 4c . . 78 Holland John, testimony by, as to Thomas Wonnarton 55 4c, jury of life 4 death : 70 jurymen, fined for not appearing 102 Hollard, Angell, fined for libel 72 HOLLINGSWOKTH Y Hollingworth J Richard, to be set in the stocks at Salem, for profaning the Sabbath . 80 case of, (causing the death of Robert Baker) . . . 103 Hollister, John, 4c. , sworn constables of Weymouth, 23 May, 1643 . . 123 Holloway , bond for appearance .... ,} 2870 128 Thomas, discharged Holman John, 4c, Nicholas Frost sentenced to pay a fine to, . jury of life 4 death ... ... Holmes, Robert, 4c, fined for being absent, being warned Holte, Nicholas, of Newbury, mentd. (inventory of goods, 4c, of Joseph Avery) 58 Hooker, Thomas, 4c, witnesses to answer by John Pratt . . . .111 Hope, an Indian, to be whipped for running away, 4c 95 Hopkins, Richard, sentenced to be whipped and branded on one cheek for selling " peeces " to the Indians 27 Horn 1 „ 1 or Hurne Horne ! George, fined for being distempered with drink .... 76 case of, insolent carriage ....... 93 Horses, 4c, owners of, to make full satisfaction for damage done by them . 14 Hosier Samuel, 4c, to return tools to Mr. Pelham or the price of them . . 14 jury (Dexter against "Endicott) 15 chosen and sworn constable of Waterton .... 48 to pay William Almy for service of Robert Way ... 61 Hoskins John, 4c, jury (ease of Walter Palmer) 9 stealing a loaf of bread from, (Bartholmewe Hill to be whipped) 9 Sen'. , goods 4c of Christopher Oily ver to satisfy, ... 50 lloi chens. (See Hutchins.) INDEX. 209 H0BGH UrHAUGH, HOFFE HOUGHE > , Mr., 4c, present at Court ...... mentd. (difference about two heifers) . . . . 4c, present at Court against Mr. Maveracke, witnesses to be examined by Mr. Winthrop, 4c present at Court ....... 59, Atherton, Mr., 4c, to settle estate of Mr. Mellows Atterton, 4c. (Court of Assistants) order by (case of John Pratt) House. (See Houses.) Householders > Housekeepers > 4c to take the oath of allegiance ....... none but housekeepers to hire any person for a servant, 4c House of Correction to be built at Boston ...... House of Entertainment. (See Ordinary.) Houses or House to be built for ministers . .... James Een (order as to ministers) Mr. Gayer " " " " . . mentd. (allowance 4c to Mr. Patricke 4 Mr. Underbill) 4c, order for preservation of, of Thomas Graye at Marble Harbor to be pulled down, 4c Mr. Rich. Browne allowed to keep a ferry over Charles River against his house 4c, order as to surveying, 4c How -> Howe j , Lt., bond for appearance .... . . Edward, fined for selling strong water and William Knopp, John Haynes 4c. to audit accounts between, 4c Howlett, Thomas, 4c, at Aggawam, mentd. Hubbard \ Hubberd ( Hubbert ( HUBBURD / Benjamin, admonished for drinking strong water, 4c . 4c, bond for appearance, 4c of Robert Shorthose Edmond, Sen', chosen constable of Charlton- 4c grand jury .... fined for leaving a pit open . James, discharged Joshua, costs to John Stone, 4c for not prosecuting 4c, constables of Hingham, mentd. Hudson , widow, discharged 54, 55 56 57, 58 58 61, 6297 112 44 15 27 1 224 17 2038 45 73415231 6878517075 100122126 84 210 INDEX. Hudson, continued. Ralph, 4c, jury of life 4 death William, chosen by town of Boston to keep an ordinary Willi: 4c, bond by, as to overpayment discharged from their recognizance . William, 4c, will of Thomas Morrice testified to by, . costs against Symon Kempthorne, for not prosecuting Jun'., allowed to keep a house of entertainment Hues. (See Hughes.) Huet. (See Hewet.) Hughes or Hewes, Hues, Huyes Josuah, 4c, gift towards the Sea Fort .... fined for taking too much profit .... Huitt. (See Hewet.) Hull , Mr., 4c, to determine 4c as to damage by swine Mrs., Samuel Bacon to make restitution to, PA8B 70 93 98 98 124 128136 42 60 49 131 Humfrey Humfry HumphreyHumphry \ i> i ) -, Mr., ordered that his servant John Legge shall be whipped 4c, present at Court ... . . fined for absenting himself from Court Mr., mentd. (difference about two heifers) 4c, present at Court, 58, 65, 72, 85, 8*9, 91, 93, 96, 99, 14 47 5456 103-105, 107, 108 and Robert Saltonstall, arbitrators between . . . .133 John, Esq., land in Saugus to be set out for, . . 30 took oath of an Assistant ...... 47 4c, to take depositions (Aspinwall 4 Brewerton) . . 48 to take depositions as to will of William Payne ... 49 4c, to determine 4c all matters of difference concerning es tate of Willust- 52 Mr., 4c, present at Court. ... .63, 64, 69, 102 firing barn of, (ease of Henry Stevens) . 100 4c". (Court of Assistants) order by, (case of John Pratt) . . 112 Mr., costs to Edmund Batter for not prosecuting . . .126 Hunt, Enoch, case of, (extortion) 106 Hurne. (See Horne.) Husband and Wife order as to Henry Seawall and wife ....... 60 case between l!ichd. Beggarly and wife referred to in note . . 62 divorce of James Luxford ......... 89 Edward Adams enjoined to return to his wife 105 Anne Clarke granted a divorce from Dennis Clarke .... 13S John Richardson to be sequestered from Elizabeth Fryar, 4c. . 139 INDEX. 211 Husbandmen company of, goods of, to be inventoried by the beadle 4c. . mentd. (order as to John Kirman) .... Hutchingson. (See Hutchinson.) Hutchins or Houchens Daniell, bond for appearance freed from attendance at Court Hutchinson or Hutchingson , Mr., testimony by, as to wages paid Arthur Holbidge 4c 4c, committee, as to debts 4c of Mr. Ouldam Francis, case of, (corrupt -speeches) Huyes. (See Hughes.) Hyatt, Thomas, " brother," mentd. (will-of John Russell) . 2352 959856 63 109 57 Ibrooke -, 4c, attachment for, Richard, fined for tempting maids to uncleanness . . . . Idleness. (See Crimes, 4c) Ignominious Punishment. (See Punishment.) Illery, Henry, case of, (drunkenness, 4c) Impressment (case of Henry Chapman) Imprisoned. (See Punishment.) Incendiarism. (See Crimes, 4c) Indians canoe taken from, mentd. (order as to punishment of Thomas Morton) order as to permitting use of fire arms to, . selling Indian Corn 4c to the English 4c . selling corn to the Indians 4c all persons forbidden to trade in money with, any person employing, shall discharge him or her none to entertain any Indian as a servant without a license Sir Richard Saltonstall to satisfy the Indians for wrongs done them by his servant wigwams mentd. (order as to training of Capt. Underbill's Company) John Dawe sentenced for enticing an Indian woman Josias Plastowe sentenced fpr stealing from, as to punishment with death for adultery with English or India-n trucking houses to be appointed in every plantation every planter who trades with for beaver, shall pay twelve pence selling powder, shot 4c to, Richard Hopkins sentenced for, at Damerills Cove, Nicholas Frost sentenced for theft from, not to receive any reward for killing wolves no man shall give or sell strong waters to, .... . no person to buy land from, without leave 4c. inquiry as to damage done by swine in Indian barns of corn entertaining an Indian without leave 4c Clement Briggs fined for to set out the bounds of land sold by Chickataubut to Mr. Pinchon stealing beans from, 4c William Shepheard sentenced for, . 7981 95 94 4 56 6 10 11 11 1118 19 19 19- 2323 2728 29334046 49 55 62 212 INDEX. Indians, continued. selling strong water to, James Browne fined for, . lending a gun to an Indian, John Stretton fined for, an Indian released, and to make satisfaction for a cow John Bayly fined for buying land of, . the Governor allowed to keep a Naviganset Indian and his wife two Indian women to be whipped for abusing Mrs. Weld 4c Hope an Indian, to be whipped for running away 4c selling gunpowder to, (case of Richard Parker) . (case of Roger Tole) . selling shot to an Indian (case of John Stowe) (Mr. Thomas Clarke's man) mending Indians guns (case of Richard Collecot) making an Indian drunk (case of James Dane) . John Skidmer fined for selling strong water to, * Pesons or George an Indian, banished . selling powder and shot to, (case of William Scutt) Inquisition a jury to enquire concerning the death of Austen Bratcher inquisition on the body of William Bateman Ipswich, Town of, Aggawam to be called, . John Pyke brought from, as a witness Robert Andrewes of, mentd. . Richard Kent of, mentd. fined and to repair defects 4c fined for defective highways . John Davies to be whipped at, for attempting lewdness with women . presentment of, for defective highways John Wedgwood set in the stocks at, for being in the company of drunkards attachment against, for defective ways paid its attachment .......... enjoined to repair their ways ........ Jonathan Thing to be whipped at, Mr. Baker of, mentd •(See also AggaWam.) Ipswich Court Jn°. Bayly 4c to be brought before, Henry Sewall to answer for beating his wife . . . . . Thomas Savory referred to, for lying ....... Edmond Greenliffe referred to, . . . ... Thomas Hall referred to, ........ Goodman Foster 4c referred to, Mr. Henry Seawall to acknowledge his fault publicly at, Robert Crosse remitted to, Christopher Batte referred to case of Richard Nicoles referred to, PAGE 637178 8391 9595 101101 101101 101 105* 106 118 131 6,7 7 47 5658 5875 80 81 83 86 9097 106106 123 69748083 83 8392 100100 101 LNDEX 213 Islands order as to Islands within the limits of this pattent " his island " ment4. (case of Samuel Maverick), Iver, Micha: forfeited his recognizance 16 109 92 Jackson Elisha, turned over from George Barrell to John Millam Samuell, 4c, evidence by, (case of John Emerson) Jacobs, Nicholas, 4c, bond by, (case of Jonathan Bosworth) James Francis, sworn constable of Hingham .... Will: to be set in the bilboes 4c. for incontinency T Willi: 4c, respited until the next Court Jarvis, John, 4c, viewed the body of Austen Bratcher Jeanison. (See Jennison.) Jeffrey, Jane, 4c, case of, (filthy and unclean practise) Jenkin Joel, case of, (getting his masters daughter with child) discharged Jennison or Jeanison, Gennison, Geneson, Genison , Mr., 4c, to take an inventory of Goods 4c of Alex: Wignall Anchient, goods of Thomas Walford to remain in hands of, . Ensign, Robert Way to remain with, order as to Robert Way who was assigned by him to Edward Burton fined for upbraiding the Court 4c fine remitted to, 4c, to require the Indians to set out bounds to make a payment to William Almy Capt., payment from John Simpson for not prosecuting William, Mr., chosen anchient to Capt. Pattricke line between Roxbury and Newton laid out by, Jesop, John, payment to, mentd. (order as to Richard Brown) Joanes or Jones , Mr., and Mr. Mayhewe, accounts between to be examined Edward, 4c, sworn constables of Charlestown, . John, -case of, (defileing his wife before marriage) Mary, corn 4c. granted to, . corn granted to Alexander Becke for his trouble with Richard, 4c, Grand Jury, . . . . case of, (cheating) William, to acknowledge his fault publicly 4c . Jobson John, shipmaster, bond by, (case of Francis Tobey) case of, (unadvised expressions) Jocely. (See Joslyn.) John, Sagamore, 4c, complaint by, as to having two wigwams burned 11 214 INDEX. John, Sagamore, continued. promised to fence his corn against all kinds of cattle .... 26 Richard Saltonstall to give him a hogshead of corn for damage done by his cattle 29 Johnson , Mr., 4c, to be Justices of the Peace ..... 3 present at Court .3 widow, to make a payment to William Almy ... 61 David, and William Almy, judgment in suit 61 Edward, goods received of, William Almy to bring in an inventory of . 46 of Charlestown, case of, (not serving on the jury.) . . 105 appointed to train the Company at Woburn .... 123 chosen Lieutenant of Woburn 135. Jun'. , case of, (immoderate drinking) . . . 138 Frauncis, 4c, gift towards the Sea Fort 42 Isaack, Esq., Assistant and Justice of the Peace, 4c, inquisition be fore, on body of William Bateman 7 4c, jury, (case of Hugh Buett) ... . . 101 John, 4c, jury, as to death of Austen Bratcher ..... 6 (Dexter against Endicott) 15 difference between Newton and Charlestown referred to, .- 29 chosen for Rocksbury, (order as to cart bridge over Muddy River, 4c) 34 gift towards the Sea Fort 42 return as to bounds between Watertown and Newe Towne . 53 freed from training and to make payment to the Company 88 Samuel Hefford to serve, 101 of Roxbury, freed from training . . . . . . . 104 surveyor, order to, mentions cattle from Providence . . 135 4c, committee, as to estate of Mr. Samuel Cooke . . . 140 Peter, 4c, bond by, (to give an account of their company goods) . 25 Richard, acknowledged a debt to Sir Richard Saltonstall . 13 those who employ him are to pay out of his wages to Sir Eichard Saltonstall 13 Samuell, to be whipped for enticing servants to run away 4c . 52 Joiners, order as to wages of , " 3,5,12,36 Jones. - (See Joanes.) Joslyn or Jocely Henry, gentleman, 4c, of Paskataqua, forfeited their bonds for non appearance 61 discharged from their recognizance . . 62 Joyners. (See Joiners.) Judgment against Joseph Twitchwell, five pounds of, to be abated . . 40 Judson, Willi: discharged 81 Jurisdiction as to number of Assistants within this, ....... 12 no man within this, to hire a servant for less than year ... 15 banishment from, 16,60,71,101 INDEX. 215 Jurisdiction, continued. order as to planters within the limits of ...... . Nicholas Frost tried for coming into this jurisdiction after banishment (See also Patent, Massachusetts.) Juby or Grand Jury, Jury of Trials impannelled to inquire concerning the death of Austen Bratcher 28 Sept., 1630 verdict of, in case of Walter Palmer .... present that William Bateman died by God's visitation impannelled for the trial of- Walter Palmer . finds Walter Palmer not guilty of manslaughter . impannelled to inquire concerning an action of battery Mr. Palmer fined for absenting himself being warned to serve on a jury jurors to be warned by the beadle fourteen days before the Court first Grand Jury referred to, in note of life and death, list of, Grand Jury, list of, absence from Court (case of Richard Collicot 4c) Henry Collens fined for not serving on, John Holgrave fined for sending a paper to a juryman to appear, (case of Marmaduke Peirce) .... part of fine paid to the jury (case of Daniel Clarke) pleading with the jury out of Court (case of Thomas Lechford) list of jurymen (case of Marmaduke Peirce) Thomas Tylestone 4c fined for not attending the jury calling the Grand Jury rogues (case of Rich. Cluffe) . found Hugh Buett guilty of heresy ... grant to the jury (case of Hugh Buett) .... John Holland 4c jurymen, fined for not appearing Robert Stedman juryman, fined for not appearing Robert Rendall found not guilty not serving on the jury (case of Edward Johnson) absence from the jury (case of George Bowen) . not warning the jury correctly (case of Thomas Carter, sen'.) not serving on the jury (case of Edward Larkin) found Robert Wyar 4c not guilty with reference to the capital" law absence from the jury (case of Isaac Morrell) verdict as to death of Richard Silvester's child John Clough fined for his absence when the jury was called Thomas Grub fined for not appearing upon the jury Thomas Cooper fined for absence from, Benjamin Gillam fined for absence from, Jury of Trials. (See Jury.) Jusall, Sara, Thomas Boyse sentenced for attempting a rape with, Justice of the Peace to direct the Beadle to issue summons 4c in civil actions . the Governor and Deputy Governor shall always be, . power of, (S'. Richard Saltonstall 4c. appointed) . Isaack Johnson, Esq. Assistant and Justice of the Peace 2159 6 7 89 . 9 1535 38 57 70 70 747678868687899797 101101 102103 103 105 107 10810S121 125 126132137 138138 81 23 37 216 INDEX. PAQH Keatne , Capt., George Story discharged of his bond to answer to, . 119 his action deferred until Mr. Bartholomew comes . . 129 Anne, case of, (testifying falsely) 124 Kelly, William, mentioned in note 67 Kemball, Henry, 4c, allowance to, for cloth 105 Kemp "1 Kempe > , mentd. (order as to a payment to Mr. Oliver) .... 130 John, case of, (unclean attempts with three young girls) ... 86 allowance to James Davis for keeping, 119 former servant of Isaac Morrell, to be cared for by the constable of Roxbury 125 Kempthobnb, Symon, costs to William Hudson for not prosecuting 4c . 128 Kendall, John, costs to John Parker for not prosecuting .... 138 Kendbick, George, 4c, bond forfeited by, (case of John Emerson) . . 65 Kent Richard, costs to John Kirman for not prosecuting .... 49 of Ipswich, debt due from, mentd. (inventory of goods 4c of Joseph Avery) 58 Ketcham, Hester, freed from service with her master John Woolrige . . 92 Keyes, Robert, bond for appearance 76 Kibbe, , and Elwell, capias to bring them before the Governor . . 65 Kilcup, Willi:, 4c, bond by, (case of Daniel Hutchins) .... 95 Killmaster 1 Kilmaster > John, 4c, admonished for their distemper 108 case of, (being distempered with drink) ..... 136 King, The, 4c, (recognizance by Mr. John Barcrofte) 36 King \ Kinge J John, 4c, discharged 77 Joseph, Mr., case of, (obscene speeches, drinking 4c) . . 104 Richard, adm'. on goods 4c of, granted to Richard Bishopp . 54 Kingman Henry, of Weymouth, licensed to keep a house of entertainment 69 4c, Grand Jury 70 Kinloah, James, discharged .... . ... 134 Kirkman 1 Kirman > John, to receive a payment from the estate of Mr. Crispe ... 20 costs against Richard Kent for not prosecuting .... 49 Capt. Traske to pay to, as his share in a plow patent ... 52 Kitchen, John, case of, (showing books he was to bring to the Governor) 87 Knight , a witness, order as to, (case of James Luddam) ... 61 John, adm". on goods 4c of, granted to Roger Ludlowe, Esq. . . 30 of Newbury, mentd. (inventory of goods 4c of Joseph Avery) 58 INDEX. 217 PAGE Knight, continued. John of Newberry, licensed to keep an Ordinary 4c 68 bond for appearance 92 case of, (drunkenness 4c) 98 4c, admonished for their distemper 108 committed 115 cause of, to be tried by action 117 Marklin, to recompense James Pen 116 Richard, of Newbury, mentd. (inventory of goods 4c of Joseph Avery) 58 Walter, forfeited his recognizance ... ... 102 case of, (rude arid contemptuous speeches) .... 104 Knop ¦> Knope V Knopp) , fine remitted to, .26 John, 4c, admonished for their distemper 108 Nicholas, fined for taking upon him to cure scurvey . . . . ] l Mr. William Pelham 4c promised to pay five pounds for, . 11 William, or his son, whoever employs, to pay one half of their wages to S'. Richard Siltonstall 9 owes debt to S'. Richard Saltonstall 13 bond for appearance 50 and Edward Howe, John Haynes 4c to audit accounts be tween, 4c 52 Will: to answer for speeches about our late Governor Mr. Vaine ' . 68 Willi: 4c, bond by, (case of George Richardson) .... 99 case of, (selling beer) 107 William, wife of, allowed to keep a house of entertainment . . . 136 theft from, (case of Bridget Barnard) . . . . 137 Knore > Knower J Thomas, bond for appearance 20, 21 set in the bilbowes for threatening the Court ... 21 fined for selling strong water .... 87 adm11. on estate of, granted to James Browne . . . 117 Knowles, John, who married the widow Davies, granted admn. on estate of Robert Bills 77 Labourers, order as to wages of, 6,36 Lace, Thomas Barnes admonished about lace 116 Lambe Edward, attachment against, 73 fined for contempt, to make a payment to John Finch and ad monished for dancing 75 Thomas, slate demised to, in Slate Island 34 Lambert Richard, bond for appearance forfeited by, 49 4c, referred to Salem 76 218 INDEX. PAGE Lampson, Willi: allowed to fell trees on the other side of Chebacco . . 108 Lands no person to buy land of any Indian without leave 4c. ... 40 assurance of, to free inhabitants mentd. . . ... 45 sale or grant of houses and lots to be entered in survey book . . 45 all towns had respite to bring in a transcript of their lands . . 83 town of Concord* fined for not giving in a transcript of their lands 4c 90 town of Lynn fined for not giving in a transcript of their lands 4c. 90 Dorchester " " " " " " " " " " " 90 Weymouth " " " " " " " " " " " 90 Charlestown, Sudbury and Dedham delivered in a transcript of their lands 117 transcript of their lands delivered in by town of Dedham mentd. . . 123 Concord delivered in an imperfect transcript of their lands . . . 124 Lane Thomas, late servant to John Burslyn, order as to, . 45, 46 inhab". of Dorchester to receive three pounds for caring for, 46 Lange, Richard, and town of Weymouth, Mr. Stoughton to hear business / between, 99 Langley, William, sworn constable of Lynn . . . . 132 Larkin, Edward, fined for not serving on the jury, and fine remitted . 108 Lascivious Actions. (See Crimes, 4c.) Latham Carew, 4c, attachment against, . 136 fined for his disorder . . 138 Mary, condemned to death for adultery with James Brittaine . . 139 Laurence or Lawrence Henry, case of, (as to his servant Capt. Bonito) 82 James, case of, (leaving his masters house 4c) 107 Lauson. (See Lawson.) Law Bibliographical Sketch of the Laws of the Colony referred to, . . 115 capital law mentd. (case of Robert Wyar 4c.) ..... 121 Lawrence.. (See Laurence.) Lawson or Lauson Christopher, order as to, , 139 Henry, 4c, notice to creditors of, 15 Layford, " Layfords Liking " mentd. . ...... 116 Layton, Thomas, discharged ... 130 Leach Ambrose, 4c, case of, (drinking too much) ..... 130 Laurence, 4c^ jury, (case of Walter Palmer) ..... 9 Leake, Henry, and his wife, case of, (fornication) 131 Leather. (See Sealers, 4c) Lechford Thomas, copy by, mentd 1,13,15,42,115 note book of, referred to . 80, 82, 84, 86, 87, 89, 94, 96, 99, 103 Mr., case of, (pleading with the jury out of Court) . . 87 dismissed . 99 INDEX. 219 PAGE Lecture Day no lecture to begin before one o'clock in the afternoon ... 37 at Salem, mentd. (case of Francis Weston's wife) .... 75 (case of Richard Hollingsworth) .... 80 Lee John, Thomas Foxe fined for not appearing as a witness against . . 43 to be fined and whipped for calling Mr. Ludlowe a false hearted knave 4c 43 whipped 4c for speaking reproachfully of the Governor . .49 part of his fine remitted 50 discharged of his fine 87 costs against Richard Lettin for not prosecuting . . . 129- Leg 1 Legge 1 John, servant to Mr. Humfry, to be whipped for striking Richard Wright 14 bond by, for his wifes appearance ...... 76 Lettin, Richard, costs to John Lee for not prosecuting .... 129 Levens. (See Levins.) Leveret, Thomas, Mr., 4c, to settle Mr. Mellows estate . . . .97 Levett, , Capt., 4c, notice to creditors of, 15 Levtns or Levens John, and Mr. Coxeall 4c, business between referred to Mr. Pinchon 53 of Roxbury, mentd. (order as to Phebe Seales) .... 67 Lewes or Lews Robert, discharged 106 wife of, to be whipped for dishonoring the name of God . . 106 Lewis , enjoined not to strike his servant John Lowe, and to set free 133 Edward, 4c, to view the leather tanned in Watertown 4c . . . 128 John, case of, (running away and breaking into a house) . . . 126 Swiniard, case of, (drunkenness) 133 Lews. (See Lewes.) Libel. (See Actions.) License. (See Liquor and Ordinary.) Lieutenant. (See Military Affairs.) Light behavior. (See Crimes.) Lighterage, rates of, referred to the General Court 108 Lightfoot, Francis, Edward Gatly to pay ten shillings to, . . . . 134 Lin. (See Lynn.) Linen, order as to sale of, . .39 Linn. (See Lynn.) , Liquor Samuel Cole licensed 67 Robert Longe licensed 68 William Baulston licensed to sell claret 4c 68 Robert Longe chosen by town of Charlestown to sell wine ... 93 giving strong water to certain persons (case of Mr. Barnard) . . 94 220 INDEX. PAGE Liquor, continued. William Davies bound not to sell ale, wine 4c 116 (See also Strongwater.) Lishe, Sarah, inventory of goods of, to be taken by Lt. Duncan ... 91 Lockewood "1 Lockwood ) Edmond, Mr., 4c, jury for trial of Walter Palmer .... 9 promised to pay five pounds for Nicholas Knopp . 11 children and estate of, to be disposed of by the Church of Watertown 62 Edmond, (?) order as to estate of, 4c 54 Edward (Edmond?), order as to estate of, 4c 54 Robert, exec1, of Edmond Lockwood, consent by, to disposition of estate 4c 52 Ruth, widow, ordered to bring writings left by her husband . . .50, 51 London, Mr. Mathewe Cradocke of, 41 Long 1 Longe / John, Mr., case of, (distemper in drinking 4c.) 105 bond for appearance 107 gentleman, case of, (distemper in. drink 4c) .... 124 Mr., to make^ payment to Mr. Stodder and Company . . 125 (or Louge), Richard, confessed a debt to Mr. Ludlowe ... 13 fined for contempt of authority 4c ... 60 Robert, fined for selling beer and licensed to sell claret ... 68 4c, appraisers, (estate of Henry Harwood) .... 72 discharged for want of proof 83 chosen to sell wine by town of Charlestown . . . . 93 Long Island 4c granted to Boston for twenty one years .... 44 Long Swamp, 4c town of Cambridge fined for defective way at, . . . 90 Looman, Ann, Mrs., goods 4c. of, to be inventoried 4c .... 51 Loranson, James, 4c, presented for taking too much wages . . . 135 Lords Day. (See Sabbath Day.) Louge (or Longe), Richard, confessed owing a debt to Mr. Ludlowe . . 13 (Long or Longe), Richard, fined for contempt of authority 4c . . G0= Love, John, fined for drunkenness .... . . 65 Lovel ) Lovell $ , Capt., admonished to take heed of light carriage ... 65 his wife Weybro, presented for light behavior . . 65 business 4c. of, referred to Roger Herlakenden . . 77 Elisabeth, case of, (immodest expressions) ..... 94 Weybro, wife of Capt. Lovell presented for light behavior ... 65 Low or Lowe John, 4c, case of, (drinking too much) 130 to be freed from his master . 133 Lowden, Richard, town of Charlestown discharged about his lot . . 83 INDEX. 221 Lowe. (See Low.) Ludam -> Luddam J James, fined for drunkenness ........ 61 to make a payment to William Almy . . . . . 61 a servant, suit as to, (David Johnson and William Almy) . 61 Ludden, James, costs against Cutshamache for not prosecuting ... 82 Ludlowe , Mr., 4c, to be Justices of the Peace 3 present at Court, 1, 3, 5, 8-21, 23-28, 30-34, 35, 36, 38, 39, 42 fined for absence from Court r 4 Richard Louge confessed owing money to, 13 4c, committee, to take an account of debts due to the Governor 4c 33 Capt. John Stone sentenced for abusing, 4c ... 35 John Lee sentenced for calling him a false hearted knave 4c. granted admn. on goods 4c of Mr. John Tilley 4343 10 1 17 2930 127 George, Mr., order as to business concerning, Robert, (or Roger), Mr., 4c, present at Court Roger, Mr., Lucy Smyth bound an apprentice to, one hundred acres of land granted to, Esq., granted adm". on goods 4c of John Knight Lusher, , Lt., 4c, committee as to affairs of Edward Allen luxfoard 1 Luxford / James, 4c, bond for appearance 4c. of Robert Shorthose ... 78 case of, (having two wives) 89 to be delivered to his creditors 115 Lying. (See Crimes, 4c) Lynn, or Linn, Town of, witness from, called by George Woodward ...... 68 fined and enjoined to mend the highways 75 fined for bad highways and to lay a ferry . . ... 83 fined for not keeping constant watch, for want of sealed weights, and for not giving in a transcript of their lands 90 enjoined to repair their ways 100 allowed to use the meeting house as a watch house .... 100 discharged - . . . 106 Mr. Edward Tomlin.. allowed Ensign at Lynn 123 William Langley sworn constable of Lynn ...... 132 (See also Saugus.) Lynn or Lin, Linn, Henry, to be whipped for committing felony 6 to be whipped and banished from the plantation for writing falsely against the government 4c 19 fined for absenting himself from training ... 29 222 INDEX. Lynton, Richard, 4c, viewed the body of Austen Bratcher Lyon (Ship) Mr. Aleworth 4c to be sent to England in, . Lt. Aleworth granted liberty to return to England in, PAGE 7 10 28 Madox, John, discharged Magistrates excepted, (order as to providing inhab". of towns with fire arms) (order as to building a Fort at Boston) (order as to work on Fort) . meetings of, Jan. 1635-6 referred to in note slighting, Peter Bussaker sentenced for, speaking contemptuously of, John Green sentenced for, 4c speaking against, Katherine Finch punished for, mentd. (case of Robert Shorthose) slighting, Robert Shorthose sentenced for, . abusing, (case of Elizabeth Vane) (See also Assistants.) Maister, John, Mr., to make a passage from Charles River to the New Town Makepeace, ¦ -, Mr., his cow mentf1. (case of T[eagu] Ocrimi 106 12 3538 6164 71767881 132 16 121 85 40 Mallows, Abraham, Mr., will of, delivered into Court Mannering, Joseph, judgment paid by, mentd. Manning , Mr., to be paid, (case of Robert Rogers 4c) . . . 131, 132 Clement, his master John Crosse warned to appear .... 76 Mansfield , Mr. Oliver to be paid for his pains about, .... 127 mentd. (payment to Mr. Oliver) 130 Daniel, put to William Denux for five years, 14 Nov. 1642 . . . 128 Manslaughter. (See Crimes, 4c) Marble Harbor assessed, (order as to levy for making a palisade) .... 20 house of Thomas Graye at, to be pulled down 4c .... 20 stage at, mentd. (order as to swine) .... ... 32 Marblehead, Town of, James White fined for drunkenness at, ...... 33 John Bennett " .... 33 house of Thomas Graye at, mentd. (case of Ralph Warriner) . . 85 Thomas Gray sentenced for drunkenness 4c at, . . . . .94 Hope an Indian, to be whipped at, for running away 4c". ... 95 Market to be kept at Boston every Thursday 40 Marriage Mr. Thomas Stoughton fined for " taking upon him to marry" persons 10 refusing to keep promise of, Joyce Bradwicke fined for, ... 32 seeking maid without friends consent (case of Thomas Baguley) . . 97 Margaret Stephenson at liberty to marry 125 INDEX. 223 Marriner "I Mabryner > , Mr., 4c, and John Tilley, difference between, referred to John Winthrop, sen'. 4c Thomas, formerly servant to Robert Smyth, discharged Marsh, Mary, Richard Ibrooke fined for tempting her to uncleanness Marshfield Thomas, of Connecticut, John Twogood a Bervant to be sent to his wife Marson, Eliz: John Pemerton sentenced for committing fornication with, Marten "1 Martin > John, 4c, jury, (case of Hugh Buett) Robert, 4c, to view the land beyond Monotoquid River 4c Marvin, Thomas, allowance to, for time he served and for killing wolves Mart, servant of Mr. Bartholomewe, to be whipped 4c for running away Mason , Lt., to receive ten pounds for his voyage to the Eastward Capt., Sergt. Stoughton chosen Ensign to, Hugh, 4c, certificate by, (case of Mighill Bacon) presented for sealers and searchers of leather Masons, 4c order as to wages of, Massachusetts (or Massachusetts Bay, Colony of Massachusetts, Commonwealth of Massachusetts) records of, referred to Pullen Point in, mentioned .... records of, referred to in note John Winthrop, Esq., Governor of, mentioned prisoners to be brought into the Bay the Bay mentioned (order as to public meetings) (order as to Thomas Walford) (order as to work at the Fort) (order as to swamps) defence of the Colony mentioned (order as to the " moveing fort the Bay mentioned (order as to goods of Mr. John Tilley) land about Massachusetts, order as to bounds of, the Bay mentioned (case of Thomas Wonnorton) John Trumble fined to the Commonwealth . the Commonwealthmentioned (case of Wm. Androws) ("case of John Tower) . Colonial Society of Massachusetts, transactions of, referred to in note Colony records referred to" . . . the Commonwealth mentioned (answer by John Pratt) copy of Colony records mentioned laws of Massachusetts Colony mentioned .... Colonial Society of Massachusetts, transactions of, referred to records of, referred to in note (See also Jurisdiction, Patent.) ') 47 83 81 100 32 101 63 120 5734 38 105 138 5,36 1 7 13 22 2628 353839 4143 5556 66 78-79 95 103 109 . 110 . 115 . 115 . 115 118, 119 224 INDEX. Massachusetts Historical Society Collection, 4th. series vol. 7 page 308 referred to in note . . . 103 5th. series vol. 1 page 402 referred to in note . . . 135 Massey, Geoffrey (or Jeffrey), 4c, agreement made by, as to estate of John and William Fiske 77 Master Carpenter 4c. order as to wages of, 5 Masters John. Mr., 4c. comm™., to take an inventory of Mr. Crispe's estate 4c 20 discharged, having license 85 Master Tailors. (See Tailors.) Match. (See Military Affairs.) Mathew \ Mathewe [- (See Matthew.) Mathews J Mattachusetts. (See Massachusetts.) Mattapan mentd. (allowance to Mr. Wilson) (order as to ministers) ... 2 to be called Dorchester ... 4 Matthew or Mathew or Mathewe, Mathews Dearmant, put to Thomas Dexter 129 Dermondt, to be set to work until his master appears .... 125 Edmond, admonished to take heed of pilfering ..... 97 Margery, widow of Thomas Mathew, allowed to sell her husbands house, land 4c 109 Thomas, Margery Mathew widow of, allowed to sell her husbands house 4c. 109 Maverack \ Maverick V Mavericke J , Mr., drinking at house of, mentd. (order as to fine of Mr. Shepheard 4c) 18 Sen'., 4c, to inquire 4c as to estate of Josias Plastowe . 23 Junr., &c, difference between Newton and Charlestown re ferred to, 29 creek near " Mr. Maveracks " mentd 33 Mr. Hough against, witnesses to be examined. .... 58 Elias, 4c, witnesses, mentd. (inquisition on William Bateman) . 8 Moses, Mr., paid rent for Noddle's Island ...... 63 Samuel, -Mr., Thomas Chubb to be freed from service of, 4c . . 14 Noddle's Island granted to, . ... . . . 31 4c, (recognizance by Mr. John Barcrofte) ... 36 order as to goods of Robert Anderson .... 68 to bring James Meadecalfe into Court .... 81 forfeited his bond (case of James Meadcalfe) . . 82 payment by, ..... ... 89 bond by, for the company of the " Charles" ... 97 case of, (confederacy with Thomas Owen 4c. and his Island mentd.) 108, 109 INDEX. 225 Mathewe , Mr , granted admn. on goods 4c of Mr. Ralfe Glover . . 34 4c, committee, as to debts 4c. of Mr. Ouldara . . 63 to examine witnesses 4c. concerning Mr. White and Mrs. Wolcott 74 and Mr. Joanes, accounts between, to be examined . 93 Thomas, 4c, agreement signed by, (as to bounds of Charles Towne and Newe Towne) 23 Mr., to examine what hurt the swine of Charlton have done . 46 adm'. of Mr. Ralfe Glover, inventory exhibited by, . 46 4c, to examineaecounts (Saltonstall, Apleton 4c) . 65 to examine accounts "between Edmond White and Mrs. Wolcott 100 Meadcalfe "I Meadbcalfe J James, "to be brought in" 81 case of, (bond forfeited by Samuel Maverick) ... 82 mentd. (case of Samuel Maverick) 89 Miadford, or Medford, Town of, ment4. (order as to levy for maintenance of Mr. Patricke 4c) . . 6 (order as to maintenance of ministers) 9. assessed, (order as to levy for making a palisade) .... 20 assessed for maintenance of Capt. Underhill 4c) .... 31 " to defray public charges 37 land near, granted to Mr. John Wilson 43 John Smith of, mentd 74 Meakins, Thomas, Goodman, Henry Hobson put to, 122 Measures. (See Weights.) Medford. (See Meadford.) Medical, Nicholas Knopp fined for taking upon himself to cure scurvey Meeting House in Hingham to be used as a watch house . Charlestown" " " " " " Salem " " " " Lynn " " " " " " Hingham " " " " " " Mellows, , Mr., order as to estate of, . Merriam -, widow, granted admn. on estate of her husband -, admn. on estate of, granted to his widow . Merricke James, 4c, case of, (drinking intemperately, selling wine, 4c) John " " " " " " " Merries. (See Merry.) Merrimack 1 Merbimak > Mr. John Winthrop, Jun'. 4c , to set up a trucking house up Merry- mak River Jno. Bayly, 4c, dwelling beyond Merrimack, order to apprehend • or Merrymack River 11 84 90, 99 100100100 97 127127139139 35 69 226 INDEX. Merry or Merries Nicholas, fined for selling strong water 86 Walter, Henry Illery fined for calling him a knave .... 95 his servants to be whipped for running away .... 97 Merryfield, Henry, respited (lewd speeches) 135 Merrymack. (See Merrimack.) Messenger, Henry, bond for appearance 98 Milam or Millam John, Elisha Jackson turned over to, from George Barrell . . . 119 discharged, as to cloth of Mr. Stoughton 139 Military Affairs order as to permitting Indians to use " any peece," 4c ... 5 Jost Weillust chosen surveyor of the Ordinance and Cannoneer . . 11 ordered that the inhabitants of every town within this pattent be pro vided with arms 12 order as to punishment of persons who shoot off any " peece" after the watch is set 13 order as to muskets, powder, bullets 4 match 13 ordered that every Captain shall train his company on Saturday in every week 13 ordered that persons travelling between these plantations and Ply mouth shall carry arms 14 order as to training of companies 18 Mr. Francis Aleworth chosen Lieutenant unto Capt Southcoate . . 18 Mr. William Gennison chosen anchient to Capt. Patricke, 4c . . 18 order as to providing single persons with arms 21 order as to searching pieces and charging with bullets . . 25 Captains shall be maintained by their several companies ... 26 order for payment to Capt. Underbill, 4c 27 Mr. Robert Feakes chosen Lieutenant to Capt. Patricke ... 27 Alex: Miller, 4c punished for wasteful expense of powder, 4c . . 27 John Finch fined for wanting arms for his man and for being absent from training 29 Henry Lynn, 4c, fined for being absent from training . 29 Mr. Mathewe Cradocke fined for his men being absent from training 29 ordered that Captains shall train theircompanies only once a month . 29 Boston, 4c, assessed for maintenance of Capt. Underbill, 4c, also choice of ancient to Capt. Underbill 81 order as to punishment of trained soldiers who absent themselves from training,. 4c 36 Mr. Thomas Mooteham chosen an Ensign in place of Ensign Morris discharged 38 Sergeant Stoughton chosen an Ensign to Capt. Mason ... 38 Mr. Nathaniel Turner chosen Captain of the military company at Saugus 40 Richard Morris chosen Lieutenant to Capt. Underbill ... 40 money to be collected for building a Moving Fort . 41 Ensign Damford to be sent for about defacing the colors ... 50 INDEX. 227 Military Affairs, continued. Mr. John Benjamin 4cdismissed from training by reason of age, 4c John Johnson freed from training, and to make a yearly payment to the Company Henry Bright took oath as surveyor of arms in Watertown . Mr. Samuel Winsley sworn surveyor of the arms at Colchester . John Johnson freed from training Edward Goodnow chosen clerk of the Band and sworn Mr. Edward Tomlins allowed Ensign at Lynn Mr. William Tory appointed Ensign at Weymouth Edward Johnson appointed to train the Company at Woburn Nicholas Powell appointed surveyor of arms at Dedham Mr. Stodder and his Company to be paid by Mr. Long . allowance to Mr. Hibbins for his horse killed in the public service John Smyth, Clerk of the Band at Dorchester .... Mr. Briant Pendleton to exercise the company at Sudbury . Sergt. Wardall to train the company at Exeter .... Edward Johnson allowed lieutenant of Woburn .... Military Company. (See Military Affairs.) Mill 4c, Mr. Israel Stoughton granted liberty to build a mill, 4c on Neponset River of Mr. Waltham, 4c, mentd. ... .... Millam. (See Milam.) Millard, Thomas, 4c, watchmen, imprisoned for drinking strong water Miller Alex: , 4c, to make a payment for their wasteful expense of powder, Thomas, pilot and mate of the "Hector," committed for seditiousspeeches Mills, George, case of, (battery) ......... Minard, Thomas, 4c, witnesses, grant to, Mincarry, the blackmore, admonished 4 discharged .... Mindam, Robert, discharged (attachment by Mr. Campian) Ministers proposition as to maintenance of, ...... excepted (order as to providing inhabs. of towns with fire arms) (order as to building a fort at Boston) .... (order as to work on Fort) . . . . Meeting of, 19 Jan., 1634-5, referred to in note . Samuel Norman sentenced for saying "if ministers will but rai against England," 4c (See also Pastor.) Minotocot River, inhabs. of Braintree respited as to the bridge over, . Misticke mentd. (order as to training of Capt. Underbill's Company) six hundred acres at, near his house, granted to Gov'. Winthrop Weir at, granted to John Winthrop, Esq., 4c inquiry as to damage done by swine in the Indian corn on the north side of Mystic 50 8895 98 104123 123 123 123125 125128131133 133135 4384 87 27 63 130 98 118 122 1, 2 12 35 38 50 82 110 1819 4146 228 INDEX. Molestation. (See Actions.) Money corn shall pass for payment of all debts except money or beaver be ex pressly named 20 no planter returning to England shall carry money or beaver without leave from the Governor 21 Monotoquid River, John Olyver, 4c to view land beyond .... 63 Montague or Mountague Griffin, to be set in the bilbowes for stealing boards, 4c, and enjoined to remove from Muddy River 53 forfeited his bond for non appearance 61 Moody, John, Mr., administration granted to, on goods., 4c of Thomas Desbre 35 Moor George Pye, " a more," order as to, --76 Mincarry " the blackmore," order as to 118 Moore John, 4c, witnesses (will of John Russell) 57 Thomas, 4c, witnesses (will of John Russell) ..... 57 Mooteham, Thomas, Mr., chosen an Ensign 38 Morecroft, John, Mr., case of, (unfit carriage) 103 Morell. (See Morrell.) Morgan, Robert, 4c, referred to Salem 76 Moblby, Sarah, apprenticed to Mr. Nathanaell Turner . 22 Morrell or Morell Abraham, case of, 88 (selling his servant his time) .... 106 Isaack, 4c, grand jury .- . 70 Isaac, case of, (absence from the jury) 125 order as to his former servant, John Kempe .... 125 Morrice \ Morris > , Sergeant, chosen ancient to Capt. Underhill . . . . 31 Ensign, discharged . . ... 38 Richard, 4c , jury (case of Walter Palmer) ..... 9 Mr., chosen Lieutenant to Capt. Underhill .... 40 Thomas, will of, delivered in upon oath by Edward Woolastone, 4c . 124 Mokton of Mount Woolison, order that he be sent for by process . 3 ThomaB, of Mount Wolliston (or Wollaston) punishment of , . . 4 Moulton Robert, chosen constable of Charlton ... ... 43 Goodman, to be repaid his rate by town of Salem ... 65 Thomas, to pay forty shillings to Mr. Ralfe Glover .... 10 bond for appearance and bound to his good behavior . . 137 discharged .... 139 Mountague. (See Montague.) Mount Feakes, on Charles River, land near, granted to John Oldham . . 43 INDEX. 229 Mount Wollaston-» Mount Wolliston V Mount Wodlison > Morton of, order that he be sent for by process ... 3 Thomas Morton of, 4 Moving Fort. (See Fort.) Mowers, 4c, order as to wages of, 36 Mowers, John, mentd. (case of Laurence Copeland) ..... 128 Mowing Ground, 4c , order as to surveying, 4c 45 Moxham, George, Mr., 4c were made free .... 69 Muddy River 4c, agreement as to a cart bridge over, 34 line between Roxbury and Newton to run south west from, ... 53 Griffin Mountague to remove his habitation from, for stealing . . 53 town of -Roxbury fined for a defective bridge at 84 Bridge, order as to charges for, . 93 Mudge Jarvice, attachment for, 80 Jarvise, mentd 86 Mullinder, , dismissed 73 Munings 1 Munnings f George, fined for selling beer and keeping a house of entertainment without license 67 4c, to view the leather tanned in Watertown, 4c . . . 128 presented for sealers and searchers of leather . . . 138 Munt ¦> Munte j Thomas, testimony as to wages paid to, 56 4c, to make a weekly payment towards their forfeits . . 57 goods of John Hogg secured to, 1X)3 Murder. (See Crimes, 4c) Muskets. (See Military Affairs.) Musquantum Chappell and the mouth of Naponsett, land lying between, granted to Mr. Roger Ludlowe 29 Mustlewhite, John, allowance of fee to John Pyke, a witness against, . 56 Nahanton, to givetwo skins of beaver to Mr. Blackestone for damage done his swine 52 Naponsett River Mouth of, and Musquantum Chappell, land lying between, granted to Mr. Roger Ludlowe 29 Israel Stoughton granted liberty to build a bridge. 4c, over, . . 43 Napper, George, discharged 132 Narhigansett or Naviganset, Navigan to make satisfaction for a cow 78 Indian, and his wife, the Governor allowed to keep .... 91 230 INDEX. Natascett mentd. (order as to levy for maintenance of Mr. Patricke, 4c) (order as to levy for the creek at Newe Towne) Natt. (See Nott.) Navigan.Naviganset. Neale Henry, I (See Narhigansett.) 4c, discharged with an admonition as to too many in a boat . his servant, Henry Hobson freed from him, 4c to be whipped and kept chained by his master for running away 4 stealing servant of.Mr. Cockram, committed on suspicion-of felony Negligence causing death. (See Crimes, 4c) Negus, Jonathan, 4c, jury (case of Hugh Buett) . . . . Nelme James, 4c, bond for appearance ........ Jasper, forfeited forty shillings for not appearing fine remitted to, Neve, Richard, costs to Daniel Bacon for not prosecuting .... Newberry 1 Newbury J or Neweberry, Town of, Richard Knight, 4c of, mentd. John Knight of, mentd. .... constable of, to apprehend Schooler, 4c town of, fined, and enjoined to repair defects, 4c for want of a pair of stocks . Mr. Goouch of, mentd. fined for want of town weights and measures mentd. (answer by John Pratt; . . . . New Comers to contribute towards the S^a Fort (cancelled) Neweberry. (See Newbury.) Neweman. (See Newman.) New England landing of the Governor in, mentd. (mem0.) service in, mentd. (release of Robert Fibbin) . . . John Stanley died on his way to, order as tc estate of, . Boston in, mentd. (will of Joane Drake) -. Newe Towne. (See New Town.) Newgate ¦ , Mr. money to be repaid to, (case of Susan Hewet, 4c) . Mrs., abusing, (case of Elizabeth Vane) Newman or Neweman , Mr., 4c, of Weymouth, difference referred to (Welthia[n] Richards and Henry Waltham) advice of, mentd. (order as to goods taken from a wreck) New Providence Mr. John Greene of, ment'1. "Daniel Abbot departed to," . 6 16 81 122 86 128 101 134 136 137101 5868 69 7580 8395 110 40 3 46 5172 121132 102105 7185 INDEX. 231 Newton (Town of). (See New Town.) Newton John, 4c, granted administration on goods of Mr. Edward Allen . 127 Mr. Allen gave his estate to, (oath by Frances Pembrooke) 128 New Town or Newe Towne, Newton, Town of, passage from Charles River to the, Mr. John Maister hath undertaken to make 16 order as to levy for making of the creek at the New Town ... 16 mentd. order as to training of Capt. Underbill's Company . . 18 levy for making a palisade about the, . . ... . . . 20 assessed (order as to levy for making a palisade) ... 20 and Charles Towne, agreement as to setting out bounds of, 4c . 22 two hundred acres of land near, granted to Thomas Dudley, Esq. . 23 James Woodward sentenced for being drunk at the Newe Towne . 26 and Charles Towne, order as to the difference between, as to bounds . 29 agreement as to bounds of, 30 assessed for maintenance of Capt. Underhill, 4c .... 31 to defray public charges 37 swamp within the Newe Towne pale excepted (order as to fetching wood from swamps) 39 Court holden at, 3 June, 1634 . . . . . - . . . 45 of Assistants holden at, . . . . . . . . 46, 47 inhabitants of, to enjoy the meadow on the north side of the Pond . 47 Court of [Assistants] holden at, 6 Oct., 1634 . . . .48, 50, 52 and Roxbury, line between, to run south west from Muddy River . 53 Waterton, agreement as to bounds between, (mentions the Weir) . 53 Court of [Assistants] holden at, 7 July, 1635 . . 55, 57, 59, 61, 62 Synode at, for settling differences, mentd 69 Quarter Court held at, 7 Sept. 1637 . . .69, 71, 72 John Smith to appear at, (attachment) ... .73 John Prat of, mentd 112 (See also Cambridge, Town of) Nicoles, Richard, case of, referred to Court at Ipswich .... 101 Noddle Island 1 Noddles Island / 4c shall be appropriated to the public benefit, &c. . . .17 no person shall shoot at fowl on, . ... 21 granted to Mr. Samuel Mavericke . . . . 31 rent paid for, by Mr. Moses Maverick . . ... 63 Non Appearance. (See Crimes, 4c) Norcros, Jeremy, and John Smyth, Mr. Collens, 4c to examine accounts, 4c 100. Norman John, sen'., fined for not appearing at Court when summoned . . 14 Richard, 4c, inquisition upon oaths of, upon body of William Bate man 7 Samuell, to be whipped for saying " if ministers will but rail against England," 4c 82 232 INDEX. 3343 54 121 North River land near, mentd or Three Mile Brook, land on, granted to Mr. Increase Nowell . Norton , warrant sent to, as to bill by Goodman Perkins Francis, Mr., 4c, sworn constables of Charlestown, 15 April, 1642-3 Walter, Esq., 4c, inquisition on body of . William Bateman upon oaths of, 7 Nott or Natt, Nutt Goodman, 4c, allowance to, 105 John, mentd. (will of Joane Drake) 72 (order as to estate of Joane Drake) .... 77 Nowell Mr., 4c, present at Court, . . v . . . 3,5,9-19 present at meeting of Assistants .... 20 present at Court .... -21,23-28,30-33 committee to take an account of debts due to the Governor, 4c. 33 present at Court 34 to settle differences between John Dillingham, 4c . 35 present at -Court .... 36,38,39,42 gift towards the Sea Fort 42 land granted to, mentd. (grant to Mr. John Wilson) 43 4c, present at Court ...... 45-48 to hear witnesses as to damage done by swine of Charlton 49 4c, present at Court 50, 52 bridge of, mentd. (line between Roxbury and New ton) 53 4c, present at Court 54-55 4c, difference as to heifers kept by Richard Wright referred to, 56 4c present at Court ..... 57-59 fined for selling wine 59 mentioned in short hand note ..... 61 4c present at Court . . . . . .61,62 Increase, Mr., 4c, present at Court 1 secretary, record in handwriting of .... . 1 mentioned in note 15 writing by, reference to in note . . . ... . 19 entry in handwriting of, referred to in note .... 30 I[ncrease], Mr., land on North River granted to, . . .43 4c, to take dep"'. (Aspinwall 4 Brewerton) . . 48 record in handwriting of, referred to, ... 62 4c, present at Court .... ... 63 committee, as to estate of Mr. Ouldam .... 63 secretary, 4c, present at Court ...... 64 4c, present at Court ..... 65 INDEX. 233 78, Nowell, continued. I[ncrease], to examine accounts (Saltonstall, Apleton, 4c) present at Court 66, 69, 71, 72 4c, to examine witnesses, 4c. concerning Mr. White and Mrs. Wolcott present at Court Capt. Lovell's business, 4c, referred to, . present at Court part of fine paid to, (case of Daniel Clarke) fine paid to, (case of John Woolrige) 4c, present at Court . . .88, 89, 91, 92, 93, 95, 96, 98, 99 to examine accounts (Edmond White and Mrs. Wolcott) . 100 present at Court 102-105, 107, 108 4c (Court of Assistants), order by (case of John Pratt) . 112 present at Court, 115, 117-120, 122, 123, 125, 127, 128, 130, 131, 132, 134, 137, 138 Nuncupative will of John Russell 57 Nutt. (See' Nott.) 74 7677 81, 82,-86 86 Oateley, • Oath -, Mr., case of, (concealing) of an Assistant taken by Capt. Endicott Constable taken by John Woodbury for the Governor and the Council, mentd. in note of an Assistant, taken by Capt. Endicott Constable, taken by Mr. Turner George Dyar an Assistant, taken by Mr. Endicott of allegiance, to be taken by householders, 4c Constable, taken by Eltweed Pumery an Assistant taken by John Winthrop, junr. John Humphey Esq. Constable, taken by Samuel Hosier . Steven Terry . an Assistant taken by Mr. Richard Saltonstall Constable taken by Tho. Ewar an Assistant taken by Mr. John Winthrope, jun'. Constable taken by John Haward Thomas Brooke as constables of Hingham taken by John Porter 4 Henry Tuttle . -of constable of Weymouth taken by William Carpenter Concord " " Walter Edmonds Thomas Carter, sen'., 4c, took oaths as constables of Charlestown John Whitney took oath as constable of Watertown Francis Norton, 4c, sworn constables of Charlestown John Harding, 4c, sworn constables of Weymouth, 23 May, 1643 Edward Goodnow sworn clerk of the band, 5 June 1643 George Wicks sworn constable of Dorchester .... 109 35 15 24 262833 44 45464748 55 6673 77 8080 97 102103104 105 121 123123 130 234 INDEX. Oath, continued. William Langley sworn constable of Lynn . Francis James sworn constable of Hingham Thomas Arnold sworn constable of Watertown Henry Adams sworn constable of Braintree Barnabas Fawer sworn constable of Dorchester Thomas Richards, 4c, sworn constables of Weymouth Obolus, or half penny, mentd. (allowance for killing a woolf) Ocrimi, T[eagu], case of, (buggery) Odle, Ursula, 4c, to be whipped (case of Robert Wyar, 4c) Officers.. - (See Military Affairs.) Okam, Thomas, 4c, goods 4c of Christopher "Ollyver in hands of Oldam "1 Oldham /or0uLDAM , Mr., committee as to estate of, ..... Jo[hn], Mr., grant to, of land near Mount Feakes on Charles River Oliver Ollyver Olyver , Mr., to be paid for his pains about Mansfield . order as to & payment to, . Christopher, goods 4c. of, to be sequestered for debt . John, 4c, to view the land beyond Monotoquid River, 4c committee, as to affairs of Edward Allen Mary, wife of Thomas, committed for disturbing the Church of Salem Thomas, his wife, Mary, committed to prison .... Orders or Acts made by any number of the Assistants in Court shall be legal Ordinance. (See Military Affairs.) Ordinances. (See Sabbath Day.) Ordinary or House of Entertainment John Knight of Newbury licensed to keep license to keep, granted to Nicholas Upsall of Dorchester William Baulston licensed to keep Henry Kingman licensed to keep .... William Hudson chosen by town of Boston to keep Mr. Baker of Ipswich allowed to keep . Richard Wood to keep an ordinary at Roxbury William Hudson, junr., allowed to keep a house of entertainment wife of William Knop allowed to keep a house of entertainment , Orkhussunt River, or Wooleston River, land near Salem bounded on the east by, granted to Capt. Jo: Endicott Orrice, George, 4c, bond by, (case of John White) . . . . . Orton, Thomas, case of, (intemperate drinking) ...... Osborn 1 Osborne / Mary, wife of, case of, Mary, case of (about death of her daughter) (giving her husband quicksilver, 4c.) 132132 134 136 140140 8 121 121 50 6343 127 130 5063 127 8080 12 680868 69 93 123 133 136136 2495 139 7070 108 INDEX. 235 Osborn, continued'. Richard, enjoined to give a weekly account of how he spends his time, to the constable 67 costs against Thomas Turner, for not prosecuting . . . 136 Ottis, John, 4c, witnesses, grant to, 98 Ouldam. (See Oldbam.) Owen Thomas, attachment against, granted to Thomas Fowle ... 99 case of, (adulterous practises) '. 108 confederating with, to break prison (case of Samuel Mav erick) 108, 109 case of, (escaping from prison) ...... 109 Owles Daniel, case of, (drinking)" 120 put to Sergt. William French, for one year, 4c . . .122 Oyster Bank, sixty acres of meadow granted to Simon Bradstreet in the marsh against, 28 Page Edward, servant, freed 104 John, 4c, jury (case of Walter Palmer) . ... . . .9 to return tools to Mr. Pelham or the price of them . . 14 fined for turning the way about . ... . . . 79 town of Watertown fined for a bad highway at John Page's 85 Paine or Payne , Mr., Josuah Barnes apprenticed to, 26 satisfaction to, mentd. (case of Mr. Stodder) . . . 131 Edward, Mr., discharged, and granted costs against Clement Campion 123 William, John Humfry, Esq., to take depositions of witnesses of will of William Payne 49 Painter. (See Paynter.) Palflin (or Paulflin) John, fined, and part of fine remitted ... 83 Palfry Peter, 4c, jury, as to death of Austen Bratcher 6 to set out land to John Humfry, Esq. 30 Palisade about the Newe Towne, levy placed for making .... 20 Pallattinate, Churches in, mentd. (order as to a day of public thanksgiving) 23 Palmer , Mr., fined for absenting himself from jury service . . 35 Abraham, 4c, jury, as to death of Austen Bratcher . . . _ 6 appointed to lay out bounds between Waterton and Newe Towne, return by, 53 grand jury . . . 70 George, set in the stocks for committing folly with Margery Rugs . 93 Henry, bond for his wife's good behavior 4c . . • • 103 John, granted costs against George Woodward for not prosecuting . 67 Walter, strokes given by, accidentally caused the death of Austen Bratcher (jury's verdict) 7 bond by (death of Austin Bratcher) 7 >36 INDEX. 'almer, continued. Walter, jury impannelled for trial of 9 the jury find not guilty of manslaughter .... 9 case of, mentd. (sentence of Tho: Foxe) .... 12 antry, William, 4c, dismissed from training by reason of age, 4c . . 50 aper on clothing. (See Punishment.) arish, John, mentd. (case of Thomas Davenport) 91 arke. (See Parks.) arker , Mr., of Rocksbury, 4c, gift towards the Sea Fort . . 42 4c. of Weymouth, difference referred to (Welthia[nJ Richards and Henry Waltham) 102 theft from (case of Mary Felton) . . . .108 James, Mr., fined for drunkenness ." .25 is allowed to marry Thomas Clifton 4 Mary Butterworth 102 John, charges against Thomas Clay for not prosecuting ... 98 costs against John Kendall " " " ... 138 Richard, Mr., case of (selling gunpowder to an Indian) . . . 101 arkes 1 pAKKE ARKS > William, promise by, to satisfy Mr. Pinchon, for goods bought from Sergeant Bateman 25 his servant John Webb set at liberty from, .... 32 4c, difference referred to, (Mr Dumer and Jehu Burr) . 61 to settle difference between John Coggeshall 4 PhebeSeales 67 4c, grand jury ... 70 committee, as to estate of Samuel Cooke . . . 140 iSCATAQUA.ASKATAQUA.astor or Teacher, Mr. Batchel' to forbear as a pastor or teacher 4c . 27 (See also Ministers.) atent or Pattent order as to persons planting within the limits of the pattent . . 4 Thomas Gray ordered to remove out of the limits of this pattent . 6 order as to selling, 4c corn within limits of this pattent ... 6 money to be paid for killing wolves within the limits of this , pattent 8 no person within the limits of this pattent shall trade 4c in money with the Indians 10 ordered that the inhabto. of every town. within this pattent be -provided with fire arms 12 Tho: Walford and his wife ordered to depart from the limits of this Pattent for contempt of authority, 4c 14 order as to persons travelling out of this pattent ..... 15 Islands within the limits of this pattent . . . . ]6 no person within the limits of this pattent shall burn any ground any year before March first 17 ' \ (See Piscataqua.) A. J INDEX. 237 Patent or Pattent, continued. plantations within the limits of this pattent mentd. .... order as to planters within this pattent trading beaver with the Indians bond by Bryan Bincks, 4c that they will not depart out of the limits of the pattent without leave from the Governor .Mr. Batchel'. silenced as a pastor or teacher in this pattent . Nicholas Frost banished out of the pattent, 4c for thefts from the Indians, 4c act restraining Mr. Batchel'. from gathering a Church within this pattent reversed Capt._John Stone prohibited from coming into the pattent without leave 4c on pain of death the, mentd., (answer by John Pratt) . . . . . (See also Jurisdiction, Massachusetts.) Patience, Thomas, referred to Mr. Endecot Patrick \ Patricke 1 or Pattricke , Mr., allowance to, (or Capt.), order as to levy for maintenance of, Capt. William Gennison " chosen anchient to," 4c, to be paid a quarters exhibition Mr. Robert Feakes chosen his Lieutenant 4c, Boston 4c assessed for maintenance of, Pattent. (See Patent.) Pattricke. (See Patricke.) Paulflin. (See Palflin.) Pauly, Benjamin, fined for being distempered with wine . . . . Payne. (See Paine.) Paynter or Painter Thomas, 4c, viewed the body of Austen Bratcher . . . . punished for disturbing the Church of Hingham Pearce. (See Peirce.) Pease, John, sentenced to be whipped and bound to his good behavior for striking his mother, Mrs. Weston pECKj , Mr., minister, advice of, mentd. (order as to goods-taken from a wreck) Pecoit, Isaack Deesbury fined for stealing at, Peirce or Pearce Ellen, case of, -(cursing^ .... Elnor " " (light behavior) . . 4c, admonished to see better order kept John " " -" " " " " Marmaduke, case of, (suspected of murder) (murder) discharged .... William, Mr. 4c, differences referred to, Willi: Mr. 4c to examine as to goods which came in the had wine of Mr. Eldred .... 1 Charles " 20 23 25 27 283035 110 105 4,5 6 18 272731 98 7 135 59 105 818389 107 107 868992 4797 129 238 INDEX. Pelham , Mr., his servant, Thomas Bartlett, to be whipped for unjust selling of his master's tools 14 John Page, 4c, to return to him the tools bought of Thomas Bartlett or their price 1 4 ordered to pay five pounds unto Thomas Goilthayt . 16 William, Mr., 4c, have promised to pay five pounds for Nicholas Knopp 1 1 Pell, Sarah, order as to Susan Hewet, 4c, who sold goods to, . . ". 121 Pemberton or Pemerton John, sentenced to be whipped, bound to his good behaviour, 4c for fornication 32 charges to John Baker for not prosecuting 86 Pemble, Francis; bond for appearance, 4c . ..... 131 Pembrooke, Frances, oath by, as to estate of Mr. Allen . . . 128 Pemerton. (See Pemberton.) Pen James, allowance to, his employment to be as a Beadle (order as to ministers) 2 took the oath of Beadle 4 the beadle, allowed thirty pounds to build a house . . 38 4c, gift towards the Sea Fort . • . . . .42 testimony by, (case of John Hathaway) . ... 66 Marklin Knight to recompense him .... .116 Pendleton , Mr., 4c, to take an inventory of goods, 4c of Mr. Craford 48 70 133 Brian, 4c, grand jury Briant, Mr., to exercise the company at Sudbury Peniars. (SeePENYER.) Penne. (See Penny.) Penniman, James, 4c, appraisers (estate of Joane Drake) .... 72 Penny or Penne Richard, forfeited his recognizance ..... .88 Thomas, 4c, witnesses (case of Walthian Richards) . . . 116 Pentecus, John, 4c, sworn constables of Charlestown, 15 April, 1642-3 . 121 Penyar -i Penyer J or Peniars Robert, bond for appearance 86 attachment against, and his surety discharged . . 88 to be whipped for non appearance and his unclean attempt . 90 Pepper Richard, case of, (extortion) ........ 89 fine remitted to . . . ... 91 Perkins , Sergeant, to carry forty pieces of turf to the fort, as a punish ment for drunkenness 36 Goodman, bill by, to Thomas Wade to be brought into Court . 54 John, to take fowls with nets on Pullen Point and Noddle's Island . 21 INDEX. 239 PAGE Perkins, continued. John, 4c, to settle the bounds between Dorchester and Rocksbury , 29 William, 4c, at Aggawam, mentd. 31 sentenced to stand one hour in public view with a large D on his breast for drunkenness 62 Perry Francis, referred to Court at Salem 83 costs to Malachy Browne for not prosecuting . . ng Frauncis, to be whipped for misbehavior, 4c, toward his master 18 John, case of, (running away) 123 Richard, junr. granted damages g7 Personal Injury. (See Crimes, -4c) Pescot, John, dismissed with an admonition ... ... 120 Pesons, or George, an Indian, banished ] 1 8 Pester, Willi: , discharged for want of witness .... 80 Peter, Sagamore, 4c, complaint by, as to having two wigwams burned . 11 Peters, Hugh, Mr., delivered into the Court a deed of Mr. Saltonstall, 71 Petet -1 Pettet j Thomas, to be whipped, 4c for idleness, 4c 65 Will: Powell to answer to, 66 Phelp \ Phelpes 1 or Felpes Richard, fined for drunkenness 61 William, 4c, jury (case of Walter Palmer) .... 9 chosen constable of Dorchester 19 4c, to set out bounds between Boston and Roxbury . 41 Philips 1 Phillips j — , Mr., maintenance of, 1 house to be built for, (order as to ministers) . . . 1,2 allowance to, (order as to ministers) . . . 2 rates on plantations for maintenance of , . . . 9 land upon Charles River granted to, .... 30 John, chosen constable of Dorchester . . . ... .- . 63 Thomas, " the Court gave way. to the Governor to free his servant Thomas Philips " 92 Phippen, David, 4c, judgment against Thomas Bushrode for not prosecuting 82 Rebecca^Richard Ibrooke fined for tempting her to uncleanness . 81 (See also Fibbin.) PlCKRIN, Or PlCKRING, PlCKRYN John, 4c, to sit in the stocks at Salem, for felony .... 6 of Paskataqua, forfeited their bonds for non appearance 61 discharged from their recognizance (case of Nicholas Frost) 62 PlCKRING ") Pickryn I (See Pickrin.) Pieces. (See Military Affairs ) 240 INDEX. Pilot, Thomas Moulton to pay Mr. Ralfe Glover xl". for " leaving him with out a pylot" 10 Pilsberp.y Dorothy, case of, (uncleanness, defiling her master's house) . . 107 Willi: bond for appearance, 4c, and put to service .... 107 William, case of, (defiling his master's house) 107 Pinchion 1 Pinchon j , Mr., 4c, present at Court, 3, 5, 8-19, 21,23, 24, 25, 45,46-48,50,52, 54, 55, 58, 59, 61, 62, 132 fined for absence from Court 4 4c, present at meeting of Assistants .... 20 to inquire 4c as to estate of Josias Plastowe . . 23 goods sold by Sergt. Bateman to, William Parks to make satisfaction for, 25 to appoint men to take an inventory of the goods 4c of Ann Looman 51 4c, to prepare the business of Mr. Coxeall 4c . . 53 land sold to, by Chickataubut, ment"1. ,} 1 2627 William, Mr., 4c., present at Court chosen treasurer for one year treasurer, order as to his beaver trade on committee to take account of debts due to the Governor 33 4c, present at Court .... 63 4c, (Court of Assistants) order by, (case of John Pratt) 112 Pines, the "first Pines" mentd. (grant to Mr. Phillips of land up Charles River) 30 Piracy. (See Crimes, 4c) Piscataqua or Pascataqua, Paskataqua Henry Joslyn 4c of, mentd. 61 mentd. (case of James Meadecalfe) .81 (case of Edward Saunders) 81 Court at, cause transmitted to, (Mr. Drayton against Mr. Wannerton) 131 Pit. (See under Well.) PitsPitts • Edith, accusation by, (case of John Emerson) 65 4c, evidence by,- (case of John Emerson) ..... 74 Henry, Mr-> ease of, (obscene speeches and distemper in drink y . _ . 104 Plaistow. (See Plastowe.) Plantations order as to planting in any place ..... . . 4 warrant to be sent to Aggawam to command those that are planted there to come away 4 levy placed on the several plantations for the maintenance of Mr. Patricke and Mr. Underhill 6 of Mr. Cradock mentd .......... 7 INDEX. 241 Plantations, continued. order as to allowance for wolves killed 4c in any plantation . . 8 rates on, for maintenance of ministers 9 no person shall travel single between these plantations and Plymouth nor without arms 14 owners of cattle to make full satisfaction for damage done by them in any plantation 14 order to the constables of the several plantations as to creditors of Capt. Levett 4c 15 order for levy for making the creek at New Towne . . . . ]6 Henry Lyii to be whipped and banished from the plantation ... 19 Mr. Alexander Wignall ordered to remove to some settled planta tion 4c 19 levy to be placed on the several plantations towards the making of "a palisade 20 trucking houses to be appointed in every plantation where the Indians may trade 23 to the Eastward, commission as to murder of Walter Bagnall . . 26 order as to Aggawam ... 31 constables of, to publish order as to license for selling liquors . . 33 October 16, 1633 to be observed as a day of public thanksgiving in the plantations 37 assessment placed on the several plantations to defray public charges . 37 in the Bay to do two days work apiece at the Fort ... 38 order as to the number of swine to be kept in, 38 mentd. (answer by John Pratt) 110 Planters order as to Planters returning to England carrying money or beaver with them 21 order as to planters trading beaver with the Indians .... 23 Planting without leave, order as to, 4 Plastow -i or Plaistow Plastowe / , Mr., 4c, to be sent to England " as unmeet to inhabit here " . 10 Josias, to give the Indians corn in return for corn stolen by him and shall hot be called Mr. 4c 19 Mr. Pinchon 4c to enquire concerning estate of, . . _ 23 Player Gyles, to be whipped and delivered up for a slave for stealing 4c . 79 Giles, case of, (taking a boat 4c) ....... 99 Plimouthe. (See Plymouth.) - Plow Patent, John Kirman to receive a payment as his share in a plow _ patent 52 Plymoth -V Plymouth >¦ or Plimouthe, Town of, Plymouthe J William Bateman was brought from Plymouth in a shallop mentd. (inquisition on body of William Bateman) 7 242 INDEX. Plymouth, continued. coming from, mentd. (order as to Thomas Moulton) ... 10 order as to persons travelling between these plantations and Plymouth 14 letter from, as to murder of Walter Bagnall 25 Ponomeneuhcant River, land near Salem abutting on, granted to Mr. Samuel Skelton 24 Ponton, Richard, put to John Reade for eight years 104 Poole, John, fined for abusing his servant 80 Poor, The, of Dorchester, Mr. Allen's strong water to be used for the benefit of, . 26 money and corn granted to Thomas. Buckmaster 92 allowance of corn to Evan Thomas .... 97 corn 4c granted to Mary Joanes ..... . . 102 (Hingham) order for supply to Mrs. Strainge and her child . . . 119 Pope Ephraim, 4c, watchmen, imprisoned for drinking strong water . . 87 John, case of, (stubborn carriage against his master, unchaste attempt 4c) 92 4c, presented for taking too much wages ..... 135 Porter — , Goodman, 4c, difference referred to, (Mr. Dummer and Jehu Burr) 61 John, took oath as constable of Hingham . .... 97 4c, witnesses, grant to, 98 Mr. Smyth to pay legacies to, 132 William, case of, to be considered (refusing to watch) . . . 135 Potter , Goodman, 4c, difference referred to, (Mr. Dummer and Jehu Burr) 61 Willi: 4c, discharged with an admonition as to too many in a boat . 81 Pound town of Cambridge fined for want of a pound 4c . . .80, 85 Anthony Emery fined for a pound breach . . 30 mentd. (order as to town of Braintree) ....... 99 Powder. (See Military Affairs.) Powder Horn Hill and Pullen Point, neck of land between, to belong to Boston . . 29 the written tree, town of Boston fined for defect of ways-between, 90 mentd. (order as to town of Boston) 99 Powell Nicholas, appointed surveyor of the arms for Dedham- . . 125 Will: , attached for contempt and to answer to Thomas Pettet . . 66 Willi:, fined for resisting the surveyor .88 case of, (getting his wife with child before marriage) . . 94 Prat \ Pratt J Abraham, 4c, jury, as to death of Austen Bratcher .... 6 John, " answer of," and action of the Court thereon referred to in note 15 109112112116 80 109 120 2 3 38 INDEX. 243 Pratt, continued. John, " questioned " at Court 3 Nov. 1635 referred to in note . . 58 answer of, and action of the Court thereon referred to answer by 109-112 of Newe Towne, answer by, to be recorded 4c . Press. (See Impressment.) Prichard, William, John Smith granted five shillings against, Prison Mary Oliver committed to, for disturbing the Church of Salem . breaking prison 4c (case of Samuel Maverick 4c) William Willoughby committed to, for being distempered with wine 4c Process or summons by the beadle in civil actions, order as to, Morton of Mount Woolison to be sent for by process . for the warning of jurors to be directed by the secretary Profanity. (See Crimes, 4c.) Providence, cattle from, also "money disbursed for that company" mentd (order to John Johnson) 135 Provisions order as to buying corn 4c . 16 price of, 39 Public Charges. (See Assessment.) Public Library, Boston, copy of record in, . 1,115 Public Meetings, Boston chosen as the fittest place for, .... 28 Public Sebvtce, allowance to Mr. Hibbins for, . .... 128 Public Worship. (See Sabbath Day.) Puckett, Thomas, John Ellford to answer for death of, ... 11 Puxlen Point in Massachusetts Bay, William Bateman was set on shore upon neck of land near, (oaths by Walter Norton 4c) 7 order as to shooting at fowl on, .... . .21 and Powder Horne Hill, neck of land between, to belong to Boston 29 Pumery Eltweed, sworn constable of Dorchester ... 45 4c, to determine as to damage by swine .... 49 Punishment (by death, banishment, imprisonment, whipping, fines 4c) -Justices of the Peace shall have power to imprison offenders . . 3 power of justices to inflict corporal punishment 3 Thomas Morton to be set into the " bilbowes4" and to be sent prisoner to England 4 John Goulworth to be whipped and set in the stocks .... 6 John Boggust and John Pickryn sentenced to sit in the stocks at Salem 6 Henry Lyfi to be whipped for committing felony .... 6 Richard Diffy to be whipped for his misdemeanor towards his master . 8 Sr. Richard Saltonstall fined for whipping two persons contrary to law 9 244 INDEX. Punishment, continued. Bartholmewe Hill to be whipped for stealing . . . 9 John Baker to be whipped for shooting at fowls, on the Sabbath Day 9 Thomas Moulton to be whipped or pay a fine . . . . . 10 Mr. Thomas Stoughton fined " for taking upon him to marry " persons 10 Nicholas Knopp fined for deceit, to be imprisoned until he pay his fine, or else to be whipped 11 Thomas Foxe to be whipped for uttering malicious speeches . . 12 Benjamin Cribb 4c to be whipped for stealing ..... 13 John Legge to be whipped for striking Richard Wright . . 14 Thomas Walford fined and he and his wife to depart the limits of the pattent 14 Thomas Bartlett to be whipped for unjustly selling his masters tools . 14 John Norman, Sen'., fiued for not appearing 14 Phillip Swaddon to be whipped for running away from his master . 16 Phillip Ratliffe to be whipped, to have his ears cut off and to be fined and banished for malicious speeches 16 Chickatabut fined a skin of beaver for shooting swine . . . . 16 William Almy fined .16 Frauncis Perry to be whipped 18 Mr. Shepheard 4c fined for drinking 18 Henry Lyn to be whipped and banished from the plantation . . 19 John Dawe to be whipped ......... 19 -* adultery to be punished with death (question and order) ... 19 Mr. Alexander Wignall fined, bound to his good behavior and to re move his dwelling to some settled plantation 19 Josias Plastowe for stealing is to give the Indians eight baskets of corn, to be fined and hereafter to be called Josias and not Mr. as formerly 19 William Buckland and Thomas Andrewe to be whipped . . 19 Robert Coles fined for being drunk and fine remitted . . 21 Thomas Knower set in the bilboes for threatening the Court to have it tried in England 21 Thomas Dextor bound to his good behavior and fined for insolent car riage and speeches to S. Bradstreete 24 Mr. James Parker fined for drunkenness 25 Mr. Samuel Dudley " " " . .... 25 Mr. Allen punished for selling strong water . ... . . 26 James Woodward to be set in the bilboes for being drunk . . 26 Robert Shawe to be whipped for cursing 4c. ...... 26 John Stickland fined for refusing to watch at the Captains command . 26 William Hamon to be set in the bilboes for being drunk . . 26 Richard Hopkins to be whipped and branded on one cheek for selling powder 4c to the Indians ' 27 shall selling powder 4c to the Indians be punished with death? (ques tion propounded) 27 James Woodward to be whipped for running away from his master . 27 Edward Burton fined for contempt of authority and drunkenness . 27 INDEX. 245 Punishment, continued. Nicholas Frost fined, whipped, branded on the hand and banished for stealing from the Indians 28 Robert Huitt and Mary Ridge to be whipped for committing fornica tion 30 Thomas Dexter set in the bilboes disfranchised and fined for seditious words 30 Thomas Wincall fined for drunkenness ...... 31 John Sayle to forfeit his estate to be whipped and bound as a servant for theft 32 William Dixon to be set in the bilboes for drunkenness . . . 32 . John Pemerton to be whipped 4c for fornication .... 32 Robert Allen fined for absenting himself from Court as a witness . 33 James White 4c fined for drunkenness ... 33 Mr. John Woolridge fined for drunkenness ... 34 John Shotswell fined for drunkenness 34 Robert Coles fined and enjoined to stand with a paper on his back with drunkard written on it for drunkenness 4c 34 Capt. John Stone fined and prohibited coming into the pattent without leave 4c on pain of death 35 Mr. Palmer fined for absenting himself from jury service ... 35 Alexander Wignall fined for drunkenness 4c 35 Sergeant Perkins to carry forty pieces of turf to the fort for drunk enness 36 Thomas Dexter fined for drunkenness 36 John Sayles to be whipped for running away from his master . . 40 Christopher Tarling to be whipped for stealing from his master and for running away 40 John Chapman fined for selling boards contrary to order . . 40 Richard Williams fined for drunkenness 40 William Cooley " " " 40 Timothy Hawkins 4c fined for company keeping, drinking strong water 4c 40 Edward Howe fined for selling strong water . . .41 Robert Coles to be disfranchised and to wear the letter D on his gar ments for one year for drunkenness 41 John Lee" to be whipped and fined for calling Mr. Ludlowe a false hearted knave 4c. 43 Thomas Foxe fined for not appearing as a witness .... 43 William Almy fined for not appearing at_ Court when summoned, . 46 James Rawlens fined for taking too much for work done by one of his servants 47 Katherine Gray to be whipped for unchaste behavior ... 43 Ensign Jennison fined for upbraiding the Court 4c 43 Clement Briggs fined for entertaining an Indian without leave 4c . 49 John Lee to be whipped and fined for speaking reproachfully of the Governor 4c 49 Samuel Hill fined for drunkenness . . . 49 246 INDEX. Punishment, continued. Henry Bright to be set in the bilboes for swearing Christopher Graunt fined for drunkenness .... constables of Dorchester and Boston fined for not returning warrants Richard Cokar and Samuel Johnson to be whipped for enticing ser vants to run away 4c 51, 52 Griffin Mountague to be set in the bilboes and to move from Muddy River for stealing John Hayward to be whipped for swearing 4c Mr. Humfry fined for absenting himself from Court . John Love fined for drunkenness . .... Frauncis Toby bound to his good behavior for a misdemeanor, Arthur Holbidge 4c. punished for taking too much wages . William Wills punished for felony Arthur Holbidge bound to his good behavior and imprisoned for con tempt Andrew Storyn to be whipped for running away from his master Robert Scarlett to be whipped for running away from his master Mary servant of Mr. Bartholmewe to be whipped for running away John Pease to be whipped and bound to his good" behavior for striking his mother 4c John Cole to be whipped for stealing . . . . Nicholas Frost to be imprisoned and tried for returning after banishment Samuel Cole forfeited twenty shillings for selling beer Mr. Nowell fined for selling wine ...... Clement Cole 4c to be whipped 4c for running away from then- masters 4c Daniel White to be fined and whipped for stealing Robert Scarlett to be whipped branded on the forehead with the letter T and banished for felony Richard Long fined for contempt of authority 4c Josuah Huyes fined for taking too much profit Edward Gyles 4c fined for knowing their wives carnally before mar riage Richard Phelpes fined for drunkenness Anthony Cooper 4c forfeited their recognizance for non appearance James Luddam fined for drunkenness . . ... William Shepheard to be whipped for stealing .... William Perkins to stand in public view one hour wearinga large D on his breast for drunkenness 4c George Bopps to be whipped for striking his master Mr. Garford William Barker to be whipped for theft . . . . Edward Bendall fined " 40s to the Company " .... John Whitele 4c. to be whipped for drunkenness .... Thomas Miller committed for seditious speeches .... Robert Shortho.3 to have his tongue put in a cleft stick for swearing Peter Bussaker to be whipped for drunkenness and fined for slighting the magistrates 64 50 5050 53535455 55565656 57 57 575959 59 5959 59606060 606061 01 61 62 62 626262 6363 63 INDEX. 247 Punishment, continued. Edward Woodley to be whipped imprisoned for one year and to wear a collar of iron for rape, housebreaking 4c Elisabeth Aplegate to stand with her tongue in a cleft stick for swearing 4c Will: Clarke to be whipped committed to prison and sent home for theft Anthony Robinson to be whipped for fornication Weybro Lovell admonished to repent for light behavior - William James to be set in the bilboes at Boston and in the stocks at Salem for incontinency Capt. Lovell admonished to take heed of light carriage Mary Bowler to make restitution for things stolen by her John Sweete fined and imprisoned for shooting a dog . Robert Anderson fined and imprisoned for contempt . Edward Seale to be set in the bilboes and whipped for drunkenness George Mnnnings fined for selling beer 4c without license Samuel Cole fined for selling beer Robert Long 4c fined for selling beer ..... James Browne to be set in the bilboes at Boston for drunkenness and fined for selling strong water to the Indians Benjamin Hubberd admonished for drinking 4c ..... William Brumfeild to be branded, whipped, 4c for theft from his master, 4c George Spencer to be whipped, and to make restitution for receiving stolen money George Barlow to be whipped for idleness John Hogges fined for drunkenness .... . . John Greene fined and banished from the jurisdiction for contempt John Stretton fined for lending a gun to an Indian Luke Henbury to be whipped for theft, 4c ... Joseph Faber fined for selling wine ... . . Angell Howard fined for libel . John Woolridge admonished for fraud and drunkenness in Old Eng land, 4c Christopher Grant fined for drinking, 4c Thomas Starr fined for speaking against the law about swine Richard Collicot, 4c, jurymen, fined for absence from Court Robert Bartlet to have his tongue put in a cleft stick, for swearing, 4c John Smith to be set-in the bilboes for swearing . Laurence Waters' wife 4c admonished for dancing EdwardLambe fined for contempt Thomas Ewar fined for leaving his pit or well open Edmund Hubbard, Sen'., fined for leaving a pit open Francis Weston's wife set in the bilboes Thomas Gray to be whipped and banished constables of Cambridge and Boston fined for not returning jury warrants 646464646365656666 -66 676767636868- 70 707071 71 7172 7272737373 74 74 74 .75- 7575757576 76 248 INDEX. Punishment, continued. Henry Collens fined for not serving on the grand jury . Katherine Finch to be whipped 4c for speaking against the magis trates, 4c George Horne fined for distemper in drink . William South to be whipped and " kept to the General Court, by whom hee was banished to return no more upon paine of death ' George Walton fined for swearing Robert Shorthose committed for contempt . John Holgrave fined for contempt, 4c -Thomas Wilson fined for taking above double toll Samuel Basse fined for contempt . Richard Turner fined for drunkenness . " Dorothy Talbie to be hanged, being guilty of the death of her daughter William Androws to be whipped and delivered up as a slave, for conspiracy, 4c. John Haslewood and Gyles Player each to be whipped and delivered up as a slave, for stealing and breaking into houses John Bickerstaffe and Ales Burwoode to be whipped for fornication . Isaac Sternes and John Page fined for turning the way about John Poole fined for abusing his servant . " Mary Oliver committed to prison for disturbing the Church of Salem . Richard Hollingsworth to be set in the stocks at Salem for profaning the Sabb.nth in travelling Anthony Emery fined for a pound breach ' John Davies to be whipped and to wear the letter V upon his breast for attempting lewdness with women Thomas Boyse, to be whipped and imprisoned for attempting a rape Isaack Deesbury fined for stealing . Richard Ibrooke fined for tempting two maids to uncleanness John Hoggs fined for swearing, 4c .... Richard Silvester fined for selling strong water Robert Shorthose set in the bilboes for slighting the magistrates Richard Silvester fined for speaking ngainst the law about Iiolts, 4c Samuel Norman to be whipped for saying " if ministers will but rail against England," 4c Mr. John Harrison fined fur non appearance and admonished not to use gaming John Palflin fined . John Gibons fined William Bartlet fined for drunkenness 4 lying . . . . Ellen Peirce fined for cursing, 4c Elisabeth Chaulkley to make double restitution for things stolen by her Mr. Goouch fined for selling strong water ...... John Bayly fined for buying land of the Indians without leave Hugh Burt's wife fined for swearing, 4c Thomas Cornell fined for selling wine, 4c ...... 76 76 76 7677 787878787878 7979 79 80 80808081 818181 81818182 8283 838.'» 83 8383 838383 84 INDEX. 249 Punishment, continued. Nicholas Ellen fined for idleness, 4c Capt. Staughton fined for releasing his man before time Mr. Waltham.and Mr. Richards fined for want of scales, 4c, and Mr. Waltham for taking too much toll Ralfe Allen fined for releasing a servant before time .... William Fuller fined for taking too much toll John Gosse disfranchised, fined, and committed to prison for common railing John Stacy, Jr., set in the stocks for being distempered with drink Ralfe Warriner fined for excessive drinking Nicholas Merry fined for selling strong water . . . . . John Neale to be whipped and kept chained by his master for running away, 4c Richard Wilson to be put out to service and to wear the letter T upon his clothing for stealing Richard Turner fined for drunkenness . William Davies fined for sundry drinkings at his house Thomas Bushrode fined for defaming the government .... Daniel Clarke fined for immoderate drinking John Wedgwood set in the stocks at Ipswich for being in company of drunkards John Kempe to be whipped and committed as a slave for unclean conduct Mathewe Edwards to be whipped for misdemeanor • Thomas Knore fined for selling strong water Nicholas Davison fined for swearing John Hogg fined for drunkenness .... John Kitchen fined for showing books he was to bring to the Governor John Joanes fined for defiling his wife before marriage John Davies discharged from wearing a V . Thomas Gray to be whipped for drunkenness, 4c Richard Redman, 4c fined for quarrelling Mr. Thomas Lechford debarred from pleading any man's cause, 4c for pleading with the jury out of Court Thomas Millard, 4c imprisoned for drinking strong water Burkbee set in the stocks for drunkenness John Woolrige fined for drunkenness .... Richard Joanes to be whipped, and put to the assignee of the party wronged, to make satisfaction for cheating William Powell fined for resisting the surveyor ...... Tacye fined for swearing Richard Pepper fined for extortion James Luxford fined, set in the stocks and sent to England for having two wives Elnor Peirce to stand in the market place with a paper for light be havior Quick to stand in the market place with a. paper for her light behavior 8484848480858585868686868686 86 86 8687878787 87 8787 " 87878787 87 88 8888 8989 8989 250 ISDEX. Punishment, continued. Lewes Hewlet fined for extortion 89 Jane Robinson to be whipped for drunkenness, 4c 89 Margaret Hindersham to stand in the market place with a paper for her ill behavior 90 Thomas Dickerson to be whipped 4 condemned to slavery ... 90 Robert Penyar to be whipped for his unclean "attempt, 4c ... 90 William Waltham fined for drunkenness ...... 91 John Vaughan committed to prison until he marry her whom he hath defiled, 4c 91 Thomas Davenport admonished for causing copperas to be thrown into a man's yard 91 Mr. Henry Seawall to acknowledge his fault publicly and bound to his good behavior for contemptuous speeches, 4c 92 John Clare fined for drunkenness 92 John Pope to be whipped for dalliance and for stubborn carriage against his master, 4c 92 George Palmer set in the stocks for folly 93 Margery Rugs to be whipped for enticing George Palmer ... 93 Nathaniell Travell admonished for scandalous speeches ... 93 Leonard JJowtle fined for neglecting to obey a warrant . . . 93 Mr. Browning fined for selling strong water ..... 93 George Hurne to be laid in irons and whipped for his insolent car riage 93 Henry Chapman fined for not obeying a press . . 94 Robert Tucker fined for upbraiding James Brittain . 94 Willi : Powell fined for getting his wife with child before marriage . 94 Thomas Gray to be whipped for drunkenness, 4c . . . 94 Gooddy Finch sentenced to be whipped . . ... 94 Thomas Savory to be whipped and sold for a slave for theft, 4c . 94 Henry Allein, 4c, fined for drunkenness ...... 94 Mr. Barnard fined for giving strong water to certain persons . . 94 Elisabeth Lovel admonished for immodest expressions . . 94 John Downham fined for getting his wife with child before marriage . 94 Edward Converse fined for neglecting the ferr-y . . 94 Richard Dummer fined for want of weights, 4c . . . . 94 John Tower fined for disturbing the peace .... 94 two Indian women to be whipped for abusing Mrs. Weld, 4c. . 95 Elisa. Bennet to be whipped for her unchaste miscarriage . 95 John Hoggs fined for drunkenness . . .... 95 Hope, an Indian, to be whipped for- running away, 4c 95 Henry Illery fined for drunkenness, 4c .... 95 John Barnes fined for being distempered with wine ... 95 Thomas Tylestone, 4c fined for not attending the jury ... 97 Richard Cluffe fined, and bound to his good behavior for saying " shall I pay 12d for the fragments which the grand jury rogues have left ? " 97 Edmond Mathewe admonished for pilfering .... 97 INDEX. 251 Punishment, continued. Jonathan Hatch to be whipped and committed as a slave to Lt. Daven port 97- two servants of Walter Merries to be whipped for running away . . 97 John Burrows to be whipped for going into men's houses on the Lord's day, 4c 98 John Knight to be whipped for drunkenness 98 Benjamin Pauly fined for being distempered with wine ... 98 John Dutton to be whipped for drunkenness, 4c .... 98 Giles Player committed to Lt. Davenport, 4c until he satisfies for his . thefts 99 Henry Stevens to be a servant to John Humfrey, for firing his barn . 100 Hugh Buet banished for heresy 101 John Holland, 4c, jurymen, fined for not appearing .... 102 Samuel Haukes to be set in the stocks and have a cleft stick on his tongue for swearing, 4c 102 John Hogg committed to Lt. Davenport for drunkenness, 4c . . 102f Christopher Graunt fined for cruel usage of his servant . . . 103 Robert Stedman, juryman, fined for not appearing .... 103 Richard Hollingworth fined for causing the death of RobertBaker by negligence 103 John Morecroft fined for his unfit carriage . . .... 103 Walter Knight fined for rude and contemptuous speeches . . . 104 Richard Wilson to be whipped for abusing his master .... 104 Joseph Kinge fined for distemper in drinking, 4c . . . 104 Henry Pitts fined for obscene speeches, 4c ... . 104 William Browne admonished for obscene speeches . . . 104- Thoraas Baguley fined for selling his servant's time .... 105 John Barnes fined for being distempered with wine . . . 105 Edward Johnson fined for not serving on the jury . . 105 James Dane fined for making an Indian drunk 105 John Longe fined for distemper in drinking, 4c 105 the wife of Robert Lewes whipped for dishonoring the name of God . 106 Enoch Hunt fined, 4c. for extortion 106 Jonathan Thing to be whipped and fined for ravishing Mary Green field 106 " John Skidmer fined for selling strong water to Indians . .106 Abraham Morrell fined for selling his servant his time .... 106 Samuel Sherman fined for selling his servant his time .... 106 David Hickbourne to be whipped, to wear an iron collar, and to serve " his master for a longer time for gross misdemeanors" 107 Willi: Knop fined for selling beer 107 John Barnes fined for distemper in drinking .... 107 George Bowen fined for being absent from the jury . . 107 James Laurence to be whipped for leaving his master's house, 4c . 107 Willi: Pilsberry enjoined to work for Goodman Wiswell, 4c . . 107 William and Dorothy Pilsberry to be whipped for defiling their master's house 107 252 INDEX. PASS Punishment, continued. Mary Osborne to be whipped for giving her husband quicksilver, 4c . 108 Thomas Carter, Sen', fined for not warning the jury in time, 4c . 108 Nicholas Trerice fined for his miscarriage in Court .... 108 Thomas Owen to be sent to the gallows with a rope about his neck, 4c for his adulterous practises 108 Sara Hales to be carried to the gallows with a rope about her neck, and banished for miscarriage 108 Anthony Stoader fined for affronting the Governor .... 108 John Kilmaster, 4c admonished for their distemper .... 108 Mr. Samuel Maverick, Mr. Chidley, 4c fined for confederacy with Thomas Owen 108-109 Thomas Owen fined for breaking out of prison Sara Hales to be whipped and banished for escaping - . Mr. Dutchfield, 4c admonished to take heed of concealment Mr. William Collens fined and banished for being a seducer Francis Hutchinson fined and banished for corrupt speeches Symon Voysey fined for striking Mr. Constable . John Vocar to be fined or whipped ..... Walthian Richards fined ; Thomas Barnes admonished about lace .... John Jobson admonished for unadvised expressions William Davis fined for keeping a house of disorder, and bound not to sell ale, 4c Thomas Hawkins fined for making bread too light [weight] the wife of Carter admonished George Story committed for his miscarriage .... Peter Thatcher to be whipped for plotting piracy .... Matthew Collaine, 4c to be whipped for concealing a plot of piracy James Hawkins whipped for profaning the Sabbath Elizabeth Sedgwicke whipped and condemned to slavery for thefts 4c. Pesons, or George, the Indian, banished ..... Mincarry, the blackmore, admonished 4 dismissed John Smith admonished and dismissed . .... Susan Cole to make double restitution ... . ¦Marmaduke Barton committed as a slave for theft and running away Thomas Briant whipped for concealing piracy .... John Woodcocke whipped for his many miscarriages . John Whitney, constable fined for not warning Charles Chadwicke Mary Hoare to" make a payment to John Read, for theft, 4c Daniel Owles fined for drinking William Willoughby fined and committed to prison for being distem pered with wine, 4c Nathaniel Briscoe fined for mutinous speeches, 4c William Bull and his wife Blith fined for fornication before marriage John Stowers fined for disturbing the Church of Watertown Sara Bell to be whipped for theft from her master 109 109 109 109109115 116116116116 116116 117117 118 US118 lis118 118 US118 US118 119119119 120 120 120121 121 121 INDEX. 253 Punishment, continued. T[eagu] Ocrimi to be whipped, and to stand in thcplapp cf ovPf.nti0n withJaJialfer ^touThisne^k^for^a^foiil attempt, tc rmggPr a cow 121 Robert Wyar and John Garland to be whipped, and to make a payment to their master for ravishing two girls 121 Sarah Wythes and Ursula Odie to be whipped, for wickedness with Robert Wyar, 4c 121 William Browne whipped for running away, 4e 122 Richard Quick whipped for being distempered by drinking, 4c . . 123 Edward Roberts fined for drinking, and for drinking to Richard Quick 123 John Perry whipped for running away 1^3 Edward Wood fined for baking wheat meal contrary to order . . 124 Thomas Scott 4 his wife to stand in the market place with papers on their hats for fornication before marriage 124 John Long fined for distemper in drink 4c . 124 Isaac Morrell fined for absence from the jury 125 George Roberts committed for his ill carriage 125 Robert Sever fined for neglecting the watch ..... 126 John Woolridge fined for drunkenness, 4c, and to acknowledge his offence 126 John Lewis whipped for running away, 4c 126 William Walcot to be whipped and kept in prison, for idleness, 4c .- 126 Anne Hett to be whipped and kept at hard labor and on spare diet, for attempting to drown her child 126 Thomas Coteree to be whipped for unmeet dalliance with girls . . 126 George Watts fined for swearing . 127 William Web fined for neglecting an order as to bread . . 127 David Conway to be whipped for resisting his master . . . 127 Charles Cadwicke, 4c fined for absence, being warned, . . . 128 William Shepheard fined for covenanting for 15"> wages . . . 128 Laurence Copeland " " " " " " . . 128 William Davies fined for keeping victualling against order of the Court 129 George Mills fined for battery 1 30 Richard Willis ¦ ¦«•"» . 130 William Chadbome, 4c fined for drunkenness . . . . 130 Ralph Golthrope fined for being distempered with wine . . . 130 William Filpot admonished to take heed of suffering drinking in his house 131 Henry Leake and his wife to acknowledge their fault at Dorchester . 131 • Nicholas Rogers fined for being distempered with drink . . 13.1 William Scutt fined for selling powder and. shot to the Indians . . 131 Samuel Bacon to be whipped, 4c for theft 131 Robert Rogers fined, and to pay Mr. Manning for receiving stolen wine 131 Miles Tompson, 4c fined for drinking with others . . . 131 Robert Wyar and Thomas Cooper fined for drinking with Samuel Bacon 132 Nathaniel Tappin to be whipped, and put to Goodman Gillam for breaking into houses, 4c 132 John Clough fined for his absence when the jury was called . . 132 254 INDEX. Punishment, continued. Ralph Golthrop fined for distemper in drink Gawen Wilson fined for fornication .... Richard Gell whipped for running away from his master John Bartlet to be whipped and fined for theft, 4c Stephen Day committed for defrauding John Gammage to be whipped for drunkenness, 4c Thomas Anker fined for distemper in drink George Watts fined for distemper in drink, 4c Nicholas Rogers to be whipped for drunkenness, 4c. . Swiniard Lewis fined for drunkenness Israel Hart fined for neglecting the watch Thomas Bauldwin committed for striking his master,' 4c Robert Wright fined,- or to sit in the stocks, for being distempered with drink William Barnes fined for swearing ... . . . John Garland to make double restitution for things stolen by him David Dauling, Mary Audley 4 Jane Jeffrey whipped for their unclean practice Capt. John Chadwicke fined for swearing, 4c Capt. Aaron Williams fined for distemper in drink owners of Sudbury mill fined for want of scales and weights Thomas Painter to be set in the stocks for disturbing the Church of Hingham David Williams to be whipped for assaulting the watch John Beamis fined for freeing his servant ...... John Barnard fined for his dangerous well ... . . Ralph Golthrop to be whipped or fined for being distempered with drink John Killmaster fined for being distempered with drink Thomas Weatherly fined for swearing, 4c . the constable of Boston fined for not returning his warrant Thomas Grub fined for not appearing on the jury Bridget Barnard fined for stealing William Flint fined for fornicat.ion Mary Bentley to make restitution for stealing George Frost fined for being distempered with, wine John Hart " " " " " " Thomas Cooper fined for absence from the Grand Jury Benjamin Gillam fined for absence from the Jury of Trials . Leonard Fryar fined for distemper in drink 4c Carew Latham fined for his disorder . . . . Edward Johnson, Jun' fined for immoderate drinking . John Bauldwin fined for excessive drinking .... -Thomas Dutchfield fined and admonished for distemper in drink /Roger Amedowne to pay fees, admonished 4c .John Harris to pay fees, admonished and discharged . James Brittaine and Mary Latham condemned to death for adultery 132 132 132 133133 133133 133 133 133 133134134134134 134135135135 - 135 136 135-6 136136136136137137 137137 13713S 138 13S138 138138 13S 138139139139 139 INDEX. 255 PASS Punishment, continued. Nathaniel Smith fined for intemperate drinking 4e 139 James Merricke 4c. fined for drinking and for selling wine 4c . . 139 Thomas Orton 4c. fined for intemperate drinking .... 139 Pye, George, " a more " (moor?) , to remain with Mr. Cradock 4c 76 [P]yford (or Byford), Peter, 4c, to be whipped 4c for running away from their masters 4c 59 Pyke, John, allowance of witnesses fee to, - . 56 Pynes, the. (See Pines.) Pynney, Humfry, difference between him and John Cogan 4e. referred to a committee 54 Quality, safe arrival of persons of , day of thanksgiving for, . 37 Quarter Court. (See Court of Assistants.) Quick , case of, (light behavior) . . .... 89 Richard, case of, (distemper in drinking, idleness 4c) . . 123 Edward Roberts fined for drinking to, . . . . . 123 4c, attachment against, . 236 Rainsford, Edward, 4c, jury, (case of Hugh Buett) 101 Rape. (See-CRIMES, 4c.) Rates (See Assessment.) (See Wages.) ' (See Wharfage.) Ratliffe, Phillip, case of, (malicious speeches against the government) . 16 Rawlens or) Rawlings J James, fined for taking too much for work done by one of his ser vants 47 Thomas, 4c, witnesses, (case of Walthian Richards) . . . 116 Rawson , Secretary, numbering of pages by, mentd in note . 15 marginal entry in handwriting of, referred to in note . • 82 Edward, Secretary from 1650 to 16S6, handwriting of, mentioned . . 1 marginal note in handwriting of, mentd in note . 20 Rate, Daniell, 4c Grand Jury, . .70 Read or "i Reade j George, warrant to, (case of David Williams) John, Richard Ponton put to, for eight years David Williams put himself to, Mary Hoare to make a payment to, for theft 4c. dismissed, (as to refusing to watch) Thomas, 4c, viewed the body of Austen Bratcner gift towards the Sea Fort William, 4c, sworn constables of Weymouth 135104117 119 135 7 42 256 INDEX. Real Estate sale or grant of town lots 4c to be recorded ..... 45 authority to sell to pay debts 109 Records of the Court of Assistants, mentd. 1 Colony of the Massachusetts Bay, mentd 1 - General Court, 19 Oct. 1630 mentd 8 Massachusetts Colony, reference to, in note .... 13 General Court 18 May 1631 mentd. in note ..... 15 for 5 June 1632 referred to in note 30 of the General Court 29 May 1633 referred to ... . . .32 of the Court of Assistants in civil actions referred to in note . . 40 town book for surveys and assurance of lands to be written at length and not in figures and sales or grants to be reeorded 45 of the Court of Assistants mentd. 115 of Massachusetts Colony mentd . 115 Redman, Richard, 4c, fined for quarrelling, ... .87 Reeves, Willi: 4c, discharged 77 Rendall Robert, deferred until the next Quarter Court ..... 99 found not guilty by the Grand Jury ...... 103 Richards , Mr., 4c, fined for want of weights 4c in their mill . . 84 fine remitted to, . 124 George, attachment for, ......... 79 Thomas, order as to damage by swine in corn of, ..... 49 of Weymouth, difference between his wife and Henry Waltham referred 102 4c, sworn constables of Weymouth ..... 140 Walthian, fined and enjoined to pay witnesses ..... 116 Welthia[n], wife of Thomas Richards, and Henry Waltham difference between, referred 102 William, and John Turner, Mr. Ginner 4c to settle things between, . 97 Richardson Elizabeth (error for Ezekiel), 4c, jury of life and death . . 70 Ezekiell, chosen constable af Charlton ....... 31 Ezechi: 4c, jury of life and death ....... 70 George, bound to his good behavior ....... 99 costs against James" Smyth for not prosecuting . . 101 John, 4c, discharged . . . -116 Caph Williams promised to bring him back . . . .116 to be sequestered from Elizabeth Fryar ..... 139 Riddway, James, payment to, from estate of his master William Bladen . 130 Ridge, Mary, to be whipped for fornication ....... 30 Right. (See Wright.) Roberts Edward, case of, (drinking) . .123 George, case of, (ill carriage) ........ 125 INDEX. 257 Robinson Anthony, to be whipped for fornication .64 Jane, case of, (disorder in her house, drunkenness 4c) ... 89 Thomas, to pay Richard Cooke for unjust molestation .... 86 Rockesbury. (See Roxbury.) Rockewell. (See Rockwell ) Rocksbury. (See Roxbury.) Rockwell or Rockewell William, 4c, jury, (case of Walter Palmer) 9 admn. granted to, on goods 4c of John Russell . . 35 exec™., exhibited an inventory of goods 4c of John Russell 55 Rocsbury. (See Roxbury.) Rogers John, costs to Clement Campion for not prosecuting .... 136 Nicholas, case of, (being distempered with drink) .... 131 (drunkenness and making others drunk) . . 133 Robert, case of, (receiving stolen wine 4c) ..... 131 Rope about the neck. (See Punishment.) Ropps, George, to be whipped for striking his master 62 Rossiter ¦ — , Mr., 4c, present at Court V 3, 5 fined for absence from Court 4 Edward, Mr., 4c, present at Court 1 Rowley, Town of, presentments discharged 100 enjoined to mend their ways .... ... 106 way to, mentd. (order as to town of Ipswich) ... . 106 Roxberry "i Roxbury / or Rockesbury, Rocksbury, Rocsbury, Town of, mentd. (order as to levy for maintenance of Mr. Patricke 4c) . . 6 (order as to maintenance of ministers) .... 9 (order as to levy for the creek at Newe Tuwne) ... 16 (order as to a watch of six) 17 4c Capt. Underbill's Company to train at, . . 18 constable of, receipt of Mr. Shepheard's fine returned by, . . 20 assessed, (order as to levy for making a palisade) ... 20 Robert Coles of, mentd 21 and Dorchester, Capt. Traske 4c to settle bounds between, . . 29 and Boston, agreed that bounds formerly set out between, shall con tinue 31 to enjoy convenience of the creek 31 assessed for maintenance of Capt. Underhill 4c ..... 31 and Boston, to pay charges for cart bridges over Muddy River and Stony River 34 assessed to defray public charges ..... 37 Mr. Dumer's estate in, rated . . . . 39 Mr. William Dennison chosen constable of, 40 258 INDEX. 4c Roxbury, continued. Robert Coles sentenced for drunkenness at, and Boston, Ensign Stoughton 4c to settle bounds between, Mr. Parker of, mentd. (list of gifts to the Sea Fort) freemen of, to take an inventory of the goods 4c of Mrs. Ann Loo man and Newton, line between, to run south west from Muddy River John Levins of, mentd John Wooleot of, mentd. ... William Curtis of, mentd. . . . . fined 4c ....... fined for damming up the nearest way from Boston to Dorchester fined for a defective bridge at Muddy River . 4c John Kempe to be whipped at, fined for neglect of an order about swine 4c to pay charges for Muddy River bridge . discharged, " the bridge and way being repaired," John Johnson of, mentd. ..... enjoined to make a sufficient way between the burial place and the gate enjoined to repair the way over the swamp toward Dorchester Mill and Watertown, town of Cambridge. to repair the way between, fine remitted to, . . . . .- town of Boston fined for defective ways towards Roxbury constable of, to take care of John Kempe .... Richard Wood to keep an ordinary at Roxbury Ruck or "> Rucke r Mr., order as to. Thomas, Mr., 4c, to appear at the General Court Rugells, John, 4c, jury, (case of Hugh Buett) Rugs Margery, George Palmer sentenced for committing folly with, to bo whipped for enticing George Palmer Runaways, order as to, ...... Running away. (See Crimes, 4c) Russell Henry, "brother," mentd. (will of" John Russell) . . . . John, of Dorchester, adm". on goods 4c of, granted to William Gallard 4c William Gallerd adm. of, ...... . debt due to, forgiven to Robert Fibbin inventory of goods 4c of, exhibited in Court by his execre. merchant, died in Dorchester August 26, 1633, will of, Rye, advice to be sent to, (case of George Pye) ..... 4141 4251 53 6771 7175 8484868993 99 104 105 106106106 117125 133 129 119101 939343 57 3546465557 76 Sabbath Day, or Lords Day, Public Worship, Ordinances, shooting at fowl on the Sabbath Day, John Baker sentenced for, . 9 James White fined for being drunk on the Sabbath Day ... 33 INDEX. 259 Sabbath Day, continued. Richard Hollingsworth to be set in the stocks at Salem for profaning the Sabbath 80 Katherine Finch promised to go to the Ordinance . . 82 going into mens houses on the Lords Day (case of John Burrows) . 98 opinion against singing in the churches (case of Edward Tomlins) . 105 profaning the Sabbath (case of James Hawkins) ..... 118 neglecting Ordinances (case of Wiliiara Willoughby) . . . : 120 Sackett (or Sucket), Isabell, granted adm". on goods 4c of "her husband . 59 Sadler, , Mr., case referred to, (Dearmant Matthew and Thomas Dexter) 129 Sagamore of Aggawam is banished from coming into any Englishman's house for one year 17 complaint by, as to damage done in his corn by the swine of Charlton 49 John, promised to fence bis corn against all kinds of cattle ... 26 Sale or grants of town lots 4c to be recorded 4c . . 45 Salem, Town of, mentd. allowance to Mr. Wilson, (order as to ministers) . . 2 John Woodbury chosen constable of , . 5 John Boggust and John Pickryn to sit in the stocks at Salem . 6 mentd. (order as to levy for maintenance of Mr. Patricke 4c) . 6 John Legge to be whipped at, for striking Richard Wright ... 14 excepted, (order as to payment for damage done by cattle in any plantation) 1 4 Church of, and the Government, Phillip Ratliffe sentenced for mali cious speeches against, 16 mentd. (order as to levy for the creek at Newe Towne) ... 16 assessed, (order as to levy for making a palisade) .... 20 neck of land lying about three miles from, granted to Capt. Jo: Endicott 24 three hundred acres of land lying about three miles from, granted to Mr. Samuel Skelton 24 Richard Waterman to be paid for killing a wolf in Salem Plantation 26 assessed to defray public charges . . 37 4c to send in their money for three days work towards the Fort-. 38 George Ropps to be whipped at, for striking his master ... 62 to repay his rate to Robert Moulton ..... 65 William James to be set in the stocks at Salem for incontinency . 65 Gare of sending Isaack Davies to England committed to, 67 Church of, mentd. (order as to Mr. Skelton's estate) . . 74 John Bennet 4c referred to Salem for drunkenness . • 75 Francis Weston's wife to be set in the bilboes at Salem ... 75 John Holgrave referred to, . ...... 75 Court at, bond for appearance of the wives of John Leg and William Edmonds 76 Robert Morg.in 4c referred to, . . . . 76 260 INDEX. Salem, Town of, continued. the wife of Josua Verin referred to 79 Mary Oliver punished for disturbing the Church of Salem ... 80 Court at, Richard Geaves 4c referred to, for fighting 4c . . . 8u Richard HoUingsworth to be set in the stocks at Salem upon a lecture day for profaning the Sabbath 80 Court at, Francis Perry referred to, 83 Adam Haukes and Edmond Audeley referred to, . . 83 4c John Kempe to be whipped at, ....... 86 Court at, bond for appearance of Isaac Deesbro, .... 90 fined for not keeping constant watch ....... 99 neglecting their, watch . . ..... 95 allowed to use the meeting house for a watch house .... 100 way to, mentd. (order as to town of Ipswich) ..... 106 enjoined to repair their ways ... .... 106 Court at, Mr. Burslin referred to, ....... 107 Francis Fellingham of, mentd . 132 mentd. (case of William Flint) 137 Salem Plantation. (See Salem.) Salisbury or Salsberry, Town of, enjoined to mend their way ...... . 106 fined for want of weights and measures ...... 106 Salsberry. (See Salisbury, Town of.) Saltonstall or Siltonstall, Soltonstall , Mr., 4c, present at Court 74, 86, 89, 91-93, 96, 99, 103, 105, 108, 125, 130, 132 Mr., contemptuous speeches 4c to, Mr. Henry Seawall punished for, 92 Richard, S'., mentd. as to erecting a house at his plantation for use of ministers 1 Kn'. 4c. , present at Court .... 1,3 4c , to be Justices of the Peace . . 3 fined for absence from Court ...... 6 4c, present at Court ..... . 8-12 his servant Richard Diffy to be whipped for his misde meanor towards him 8 fined for whipping two persons without the presence of another Assistant 9 to receive one half of the wages of William Knopp and " his son 9 order as to recompensing Indians for wigwams burned by his servant 11 Richard Johnson acknowledged a debt to, . . 13 to receive two shillings a week from those 'persons for whom Richard Johnson works 13 William Knopp owes debt to, mentd. .... 13 Chickatabut fined a skin of beaver for shooting swine belonging to, 16 INDEX. 261 Saltonstall, 4c, continued. Richard, S'., to give Sagamore John a hogshead of corn for damage done by his cattle 29 mentd. (order as to Thomas Coleman) .... 58 Mr., and Edward Dillingham, committee to settle accounts between, 63 Mr. Apleton, 4c order as to agreement between, . 64 accounts between, mentd . .65 took oath of an Assistant ... 66 4c, present at Court . . . 66,69,77,81,82 Robert, Mr., deed to satisfy creditors of , delivered into Court by Hugh Peters. 71 bond by, (case of Isaac Hart) ... 95 fine discounted by, (case of Richard Cluffe) . 97 and Mr. Humphrey, arbitrators between, appointed . 133 Samford, , Mr., 4c, chosen for Boston, (order as to cart bridge over Muddy River 4c) 34 Sampson, Jn°. attachment against estate of, 104 . Saugus or Saugust, Town of, or Plantation of, ment4. (order as to levy for the creek at Newe Towne) . . 16 assessed, (order as to levy for making a palisade) ... 20 Mr. Nathanaell Turner of , . . 22 Mr. Turner chosen constable of, ... . 26 to have liberty to build a wear upon Saugus River .... 27 Mr. Turner 4c to set out land in Saugus to John Humfry, Esq. . 30 assessed to defray public charges ..... . 37 4c, to send in their money for three days work towards the Fort . 38 rate placed on Mr. Dumer's estate in, ..... . 39 Mr. Nathaniel Turner chosen Captain of the military company in, 40 (or Lynne) witness from, called by George Woodward . . 08 (See also Lynn, Town of.) Saugust. (See Saugus, Town of.) Saunders Edward, sick at Pascataqua, " to be brought in " . . 81 case of, (bond forfeited by Nicholas Davison) . ^82 Martin, mentd. (case" of Laurence Copeland) . 128 to repair bridges in Braintree . . . 129 Robert, 4c, jury, (case of Marmaduke Peirce) . . 89 Savory Thomas, referred to Court at Ipswich for lying .... 80 case of, (theft, breaking a house 4c) . 94 Sawers. (See Sawyers.) Sawters, order as to wages of, ...... 3, 19, 36 Satle 1 Sayles / , mentd. (order as to business of Mr. Coxeall 4c) ... 53 John, for theft of corn 4c to forfeit bis estate, to be whipped and bound as a servant for three years 32 262 INDEX. Sayle or Sayles, continued. John, bound to Mr. Coxeshall for three years 32 to be whipped for running away from his master ... 40 Scales. (See Weights, 4c) Scarlett Robert, to be whipped for running away from his master ... 57 a thief, to be whipped and branded on the forehead with the letter T and banished 60 to be sent out of this jurisdiction by his master Benjamin Felton 60 SCHOLEE ^ Schoolee(Schooler! SchooleyJ Mary, murder of, William Schooley found guilty of, . . . . 69 William, order to apprehend, 69 found guilty of the murder of Mary Schooley ... 69 Scituate, Town of , John Emerson of , mentd . 74 Scot 1 Scott > or Scutt Benjamin, Margaret Stephenson is at liberty to marry, . . . 125 Robert, 4c, jury, (case of Marmaduke Peirce) . . 89 Thomas, and his wife, case of, 124 William, case of, (selling powder and shot to the Indians) . . . 131 Scurvey, Nicholas Knopp fined for taking upon himself to cure scurvey . 11 Scutt. (See Scott.) Sea Fort. (See Fort.) SeAle or Seales , Margaret wife of, found guilty of adultery .... 70 Edward, Margaret wife of, John Hathaway indicted for adultery with, 66 to be set in the bilboes and whipped for drunkenness . . 67 Margaret, wife of Edward Seale, John Hathaway indicted for adultery with, 66 and Robert Allen indicted for adultery . . . . 66, 70 Phebe, apprentice to John Coggesall, order as to .... 67 Sealers and searchers of leather, Hugh Mason 4c. presented for, . . 138 Seales. (See Seale.) Seawall. (See Sewall.) Secretary Acts of the Court shall be authentic if they pass only under the secre- tarys hand 17 process for the warning of jurors to be directed by the secretary to the beadle 38 to dispose of the estate 4c of Edward Lockwood .... 54 signature in hand of the Secretary referred to in note .... 96 bill of Nicholas Davison to be kept by the Secretary .... 98 writing by Simon Bradstreet, Secretary, referred to ... . 109 INDEX. 263 Sedgwick Sedgwicke } , Capt., payment to, (case of Nathaniel Smith) .... 139 Elizabeth, case of, (theft and lying) . 118 Sedition. (See Crimes, 4c) Seducing. (See Crimes, 4c) Seely Robert, his servant Phillip Swaddon, to be whipped for running away . 16 to be set free upon payment of ten shillings 18 Sellen, Thomas, granted leave to plant at Aggawam 32 Serjeant, William, 4c, at Aggawam mentd . . 31 Servants order as to giving or selling servants any commodity .... 5 employing Indians for servants . . . . . . 11 4c to be provided with fire arms 12 Thomas Chubb shall become servant to William Gayllerd ... 14 no person shall hire any person for a servant for less time than a year unless he be a settled housekeeper 15 Francis Perry whipped for ill speeches 4c. towards his master . . 18 Phillip Swaddon set free from his master 18 of Mr. Gibbons sentenced for running away . ... 27 John Sayle to be bound as a servant ...... 32 John Webb set at liberty from William Parks 32 John Sayles to be whipped for running away from his master . . 40 Christopher Tarling sentenced for running away from his master . 40 order as to servants running away ....... 43 James Rawlens fined for taking too much for work done by one of his servants 47 enticing servants to run away 4c Richard Cokar 4c. sentenced for, . 51, 52 William Swifte to pay towards the cure of his servant .... 53 Andrew Storyn to be whipped for running away from his master . . 57 Robert Scarlett " " " " " " " " " . . 57 Mary, servant of Mr. Bartholmewe, to be whipped for running away . 57 Clement Cole 4c to be whipped for running away from their mas ters 4c 59 Benjamin Felton to be liable for damage done by his servant Robert Scarlett 60 Robert Way to serve William Almy 61 William Shepheard to be whipped for stealing from his master 4c . 62 "Edward Woodley released to his master 65 James Hayden freed from bis master 65 John Crosse warned to appear as to his servant Clement Manning . 76 William Denne to satisfy for fine imposed on his servant ... 76 William Androws punished for conspiring against the life of his master 4c 78, 79 John Poole fined for abusing his servant .... .80 John Hogges fined for cursing his servant 4c 81 264 INDEX. Servants, continued. Capt. Staughton fined for releasing his servant before time ... 84 Ralfe Allen " " " " " " • 84 John Neale to be whipped and kept chained by his master for running away 4c 86 Thomas Marriner formerly servant to Robert Smyth discharged . . 88 John Clois admonished to use his servant Peter Tylls well 4c . . 88 covenant of, mentd. ... 88 " the Court gave way to the Governor to free his servant Thomas Philips " 92 Hester Ketcham freed from her master John Woolrige . . 92 John Pope to be whipped for his stubborn carriage against his mas ter 4c 92 John Woodbridge discharged of his presentment for releasing a servant 94 getting his masters daughter with child (case of Joell Jenkin) . . 95 two of Walter Merries servants to be whipped for running away 97 selling his servant his time (case of Christopher Batte) . 100 John Twogood placed as a servant with Thomas Marshfield . . . 100 Henry Stevens sentenced for firing his masters barn . 100 Samuel Hefford freed from his master Jonathan Wade . 101 Christopher Graunt fined for cruel usage of his servant Nicholas Gilberd 103 Richard Wilson sentenced for abusing his master Thomas Chees holme 104 Edward Page freed ... ..... 104 Thomas Baguley fined for selling his servants time . 105 selling his servant his time (case of Abraham Morrell) . 106 (case of Samuel Sherman) . . 106 David Hickbourne to serve his master for a longer time . 107 James Laurence sentenced for leaving his masters house at night 4c . 107 Willi: Pilsberry bound to service ... ... 107 William and Dorothy Pilsberry sentenced for defiling their masters house 107 constable of Watertown to provide a place of service for Elizabeth Wilsmore 117 Elisha Jackson turned over for his tinie from George Barrell to John Milium 119 theft from her master (case of Sarah Bell) ... . 121 Robert Wyar and John Garland to make a payment to their master . 121 Henry Hobson freed from his master Henry Neale 122 put to Goodman Thomas Menkins . . 122 Daniel Owles put to Sergeant William French 4c . 122 Robert Wyar put to Leonard Bowtle with his masters consent 122 William Browne whipped for running away 4c . . 122 order as to John Kempe former servant of Isaac Morrell . . 125 Dermondt Matthew to be set to work until his master appears . 125 John Lewis sent home to his master . . 126 INDEX. 26; FAGE Servants, continued. order as to Richard Cole 126 Richard Cole put to William Haward for one year .... 127 David Conway to be whipped for resisting his master .... 127 John Neale, a servant, committed on suspicion of felony . . . 128 Daniel Mansfield put to William Denux for five years . . . 128 David Weane puthimself to Hugh Gunnison 129 Dearmant Matthew put to Thomas Dexter 129 Elizabeth Hasnet put to William Wilson ...... 129 George Napper to stay with his master so much longer for the time he was absent 132 Richard Gell to be whipped for running away from his master . . 132 John Lowe to be freed from his master Lewis June 24, 1644 . . 133 resisting his master (case of John Archer) ...... 135 John Beamis find for freeing his servant . . 135, 136 Servitude, single persons not provided with arms to serve any master 4c . 21 Sever, Robert, case of, (neglecting the watch) 126 Sewall or Seawall Ellen, wife of Henry Seawall, to be at her own disposal and her hus band to make allowance to her 60 Henry, Mr., order as to reimbursing him for money used for Edward Bosworth and family 55 order that his wife Ellen Seawell "shall be at her own dis posal" 60 presented for beating his wife, ...... 74 Mr., case of, (contemptuous speech 4c to Mr. Saltonstall) . 92 Sexton Giles, 4c, jury, as to death of Austen Bratcher ..... 6 witnesses, 4c, mentd. (inquisition on body of William Bateman) 8 Sharpe , Mr., 4c, present at Court 3,10,12 Thomas, Mr., 4c .... ... .1 Shatswell or Shotswell John, fined for drunkenness . 34 wife of, Robert Coles sentenced for enticing 35 Shaw 1 Shawe > Abraham, admn. granted on goods of, 98 John,mentd. (case of William Chadbome) 137 Joseph, 4c, admn. granted to, on goods of Abraham Shawe- . . 98 Robert, to be whipped for cursing 4c . ..... 26 Roger, 4c, jury, (case of Marmaduke Peirce) . . . 89 Shearman. (See Sherman.) Sheepe. (See Sheppe.) Shepheard , Mr. , 4c, fined for drinking ...... 18 receipt of his fine returned by the constable of Roxbury . 20 266 INDEX. Shepheard, continued. William, servant of William Sumer to be whipped for stealing . case of, (covenanting for wages) Sheppb or Sheepe Thomas, 4c, to appear at the next Court for being distempered with wine case of, (intemperate drinking) Sherman or Shearman John, 4c, jurymen, fined for not appearing to view the leather tanned in Watertown 4c Samuel, enjoined to appear at Court .... case of, (selling his servant his time) fine remitted to, Ships safely arrived 4c day of Thanksgiving for, 4c arrival of , " " "... Shooting. (See Crimes, 4c) Shooting at fowl on Pullen Point 4c order as to, Shorthand in margin of record referred to in note referred to in note Shorthose Robert to have his tongue put in a cleft stick for swearing bond for appearance set in the bilboes for slighting the magistrates . Shot. (See Military Affairs.) Shotswell. (See Shatswell.) Shute., , Mr., 4c, ordered to be sent to England by the next ship " as persons unmeet to inhabit here " Sill, , bill delivered by, to be kept by the Secretary .... Siltonstall. (See Saltonstall.) Simpson, John, case of, (not prosecuting) ....... Singing in the churches, opinion against, (case of Edward Tomlins) Singleman, Henry, bond for appearance Single Person, ordered that all single persons shall be provided with arms Silvester Richard, fined for selling strong water case of, (speaking against the law as to hogs 4c) fine respited_upon his good behavior and wife, witnesses, (case of Walthian Richards) jury's verdict as to death of his child Skelton , Mr., order as to settlement of estate of, . Samuel, Mr., land near Salem granted to, also land upon which his house stands Skidmer, John, case of, (selling strong water to Indians) .... Slander. (See Crimes, 4c.) 62 128 139 102 128 104106 118 37 47 21 32, 61 59 63 78 81 10 9886 105118 21SI82 87 116126 7424 106 INDEX. 267 Slate raising slate mentd. (order as to Islands) 17 in Slate Island, demised to Thomas Lambe 34 Slate Island, demise of slate in, . 34 Slave William Androws 4c delivered up as slaves ..... 78, 79 John Kempe committed as a slave to Lt. Davenport . . .86 Thomas Savory to be sold as a slave for theft 94 Jonathan Hatch committed as a slave to Lt. Davenport ... 97 Marmaduke Barton committed as a slave for theft and running away . 118 Slavery Willi: Androws released from slavery ....... 89 - Thomas Dickerson condemned to slavery . .... 90 Thomas Dickinson discharged from slavery ....... 97 Elizabeth Sedgwicke condemned to slavery for theft 4c . . .118 Small Causes, Court fob. (See Assistants, Court of.) Smith \ Smithe > or Smyth, Smythe , Mr;, 4c, to go with Ensign Jennison 4c as to bounds of land sold to Mr. Pinchon 55 of Springfield, to pay legacies to John Porter .... 132 4c, arbitrators, (Mr, Humphrey and Robert Saltonstall) . 133 Francis, 4c, jury, as to death of Austen Bratcher .... 6 his bill for ferriage granted . . . . . .139 Hen: certification by, mentd. (Hingham presentment) ... 94 Henry, did not appear 125 Jacob, discharged for want of evidence ...... 71 James, costs to George Richardson for not prosecuting . . 101 John, bond by, to be accountable for his companys goods ... 25 apprenticed to Mr. John Wilson . . ... 25 goods sent over with, to remain in Mr. Wilson's hands . . 25 4c , jury of life and death . . ..... 70 (or Thomas) , attached for not appearing ... 73 of Meadford, to be set in the bilboes for swearing 74 bond for appearance .......... 76 and his father, Jeremy Norcross, Mr. Collens 4c to hear busi ness between, and examine accounts 100 granted five shillings against William Prichard .... 116 admonished and dismissed ... . . 118 Mr., 4c, committee, as to affairs of Edward Allen . . . 127 clerk of ther Band at Dorchester 131 Joseph (Josua or Josiah), surety, mentd. (bond to make payment to Andrew Coleman 4c) 96 Josiah (Josua or Joseph), mentd. in note 96 Josua, surety, bond to make a payment to Andrew Coleman mentd. . 96 Lucy, bound an apprentice to Mr. Roger Ludlowe for seven years 17 Mary, 4c, witnesses, (case of Walthian Richards) .... 116 Nathaniel, case of, (theft 4c) ..... 139 268 INDEX. Smith, continued. Ralph, 4c, attachment for, .... .... 79 discharged ...... . . .81 Richard, bond for appearance (concealing Edward Waldo's intention of running away), 122 case of, (being privy to Edward Waldo's intent to run away), 130 Robert, his former servant Thomas Marriner discharged ... 88 Thomas (or John), attached for not appearing 73 Smitheman, John, 4c, of Booking, clothiers, made a payment to Andrew Coleman mentd. 96 Smyth 1 Smythe/ (See Smith.) Soewamapenessett River commonly called Cow House River, land near Salem bounded on the south-by, granted to Capt. Jo: Endicott 24 Sojourners within this jurisdiction for six months or more to take oath of allegiance 44 Soldiers. (See Military Affairs) Soltonstall. (See Saltonstall.) South, William, to be whipped and banished upon pain of death . . 7C Southcoate , Capt., Mr. Francis Aleworth chosen Lieutenant to, 18 granted liberty to go to England . . 18 South Rivet., land in Salem abutting on, granted to Mr. Skelton . . 24 Sparhauke, , Mr., 4c, to hear business between John Smith and Jeremy Norcross 100 Spaule, Thomas, surety, (case of William Scutt) ..... 131 Spencer , Mr., 4c, appointed as to Mr. Gurlin's land .... 74 George, to be whipped and to make double restitution for receiving stolen money 70 Sprage Ralfe, 4c, jury, as to death of Austen Bratcher ..... 6 inquisition on body of William Bateman upon oaths of, . 7 bond by, (case of Walter Palmer) ... 7 Mr., (cancelled), 4c, witnesses, mentd. (inquisition on body of William Bateman) 8 chosen umpire as to settlement of bounds between Roxbury and Dorchester 29 Spring, Roger, principal debtor, bond to make a payment to Andrew Cole man mentd. 96 Springfield, Mr. Smyth of, mentd. . ... 132 Squa Sachem, town of Cambridge enjoined to give her corn 4c. . 106 Squire, Thomas, jury of life and death 70 Stacy John, Jun'., set in the stocks for drinking . . .85 Willi: Jun'., 4c, of Booking, clothiers, made a payment to Andrew Coleman ment'1. 90 INDEX. 269 PAGE Stagg, , Mr., 4c, differences referred to 47 Staniard, Anthony, bond by, (case of Thomas Wilson) . . 124 Stanley John, order as to settlement and division of estate of, (mentions brothers Thomas and Timothy and children Ruth and John) 51 Jun1., (son of John) his uncle Thomas Stanley to educate him 4c 51 Ruth, (daughter of John) her uncle Timothy Stanley to educate her 4c 51 Thomas, part of goods 4c. of his deceased brother John Stanley put into his hands 4c 51 Tymothy, part of goods 4c, of his deceased brother John Stanley put into" his hands 4c 51 Star -1 Starr J Susan, granted admn. on estate of her husband Thomas Starr . 103 Thomas, fined 4c for speaking against the law about swine . 73 adm11. on estate of, granted to his wife Susan Starr . 103 Staughton. (See Stoughton.) Stebben, John, 4c, bond by, (for the good behavior of -Christopher Grant till the next quarter court) 103 Stedman, Robert, juryman, fined for not appearing 103 Stephenson, Margaret, is at liberty to marry Benjamin Scott . . 125 Stepping Stones, Weymouth, mentd 84 Sternes Isaac, 4c, jury, (Dexter against Endicott) . .... 15 Isaack, 4c, fined for turning the way about .... 79 Stevens , Mr., promised ten pounds for his work 4c, as to building a Fort 41 Henry, case of, (firing the barn of his master John Humfrey) . 100 Stickland John, 4c, inquisition upon oaths of, on body of William Bateman . 7 jury (Dexter against Endicott) ..... 15 fined for refusing to watch at the Captains command . . 26 Sticklett, John, 4c , bond by, (case of Walter Palmer) .... 7 Stileman , Mr., constable, mentd. (case of Robert Scarlett) ... 00 discharged as to a way . .... 136 Stiles, John, allowance to, . . . ..... . 120 Stitson William, granted admn. on goods 4c of Richard Arnoll ... 35 of Robert White ... 56 4c, to be brought into Court 117 Stoader. (See Stodder.) Stocks town of Concord fined for want of a pair of stocks 4c ... 79 Watertown" " " " " " " ... 79 270 e$I5ex. Stocks, continued. town of Cambridge fined for want of stocks 4c 80 Newbury " " " " a pair of stocks 4c. ... 80 mentd. (order as to town of Boston) g± town of Dedham fined for want of a pair of stocks .... 84 Watertown" " " «¦<•¦•<«« 85 Cambridge " " " " stocks 4c ." . . . 90 mentd. (order as to town of Braintree) . . .... 99 (See also Punishment.) Stodder or Stoader , Mr., 4c, theft from, (case of Mary Felton) ..... ios and hiB Company granted charges against Mr. John Long 125 case of, (selling cloth at an excessive rate) . . . 131 theft from, (case of Bridget Barnard) .... 137 Anthony (or George), 4c, constables of Boston, granted power as to estate of Paul Yonge 107 case of, (affronting the Governor) 108 George (or Anthony), 4c, constables of Boston, granted power as to estate of Paul Yonge 107 Stone John, Capt., fined and prohibited from coming into this patent 4c for confronting of authority 4c 35 4c, costs against Joshua Hubbard for not prosecuting . . 122 Stony River, 4c agreement as to a cart bridge over, 34 Storey 1 Story Andrewe Storey (or Storyn) to be whipped for running away from his master 57 George, case of, (miscarriage) 117 discharged of his bond for appearance to answer to Capt. Keayne 119 Storyn, Andrewe, to be whipped for running away from his master . . 57 Stoughton or Staughton , Sergeant, chosen Ensign to Capt. Mason 38 Ensign, 4c, to set out bounds between Boston and Roxbury . 41 Mr., Robert Way to be taken from, and to serve William Almy 61 Mr., 4c, present at Court .. 71, 72, 74, 76, 82, 86, 88, 89, 91-93 business of Robert Abels referred to, ..... 94 Mr., 4c, present at Court . . . . . . . 95 96 to hear business between Richard Lange and the town of Weymouth 99 4c, present at Court, 99, 103, 105, 107, 108, 118, 123, 125, 134 cloth of, mentd. (case of John Milam) . . . 139 Israeli, his servants Alexander Miller, 4c ordered to make a payment to him for their wasteful expense of powder, 4c 27 Mr. , 4c, gift towards the Sea Fort 42 granted liberty to build a mill, a wear and a bridge over Naponsett River, 4c 43 '} INDEX. 271 Stoughton or Staughton, continued. Israeli, Mr., goods, 4c of Christopher Ollyver to remain in hands of 50 4c, present at Court 66, 69, 78, 81 fine remitted to, 88 4c, present at Court 98 Thom[as] chosen constable of Dorchester 5 Mr., constable of Dorchester, fined " for taking upon him to marry " persons 10 Stow \ Stowe > , Goodman, 4c, order as to, .... 129 John, case of, (selling shot to an Indian) . . . . . .101 4c," to appear at the General Court 119 upon release of, Concord men are granted power to seize land, 4c 139 Stower or Stowbe Nieholas, payment to, for keeping cattle (order as to) ... 5 4c, jury, as to death of Austen Bratcher .... 6 inquisition on body of William Bateman upon oaths of, 7 Stowers, John, case of, (reading offensive passages against the officers and Church of Watertown) 121 Stowre. (See Stower.) Strainge , Mrs., and her child to be supplied according to their necessity 119 Elizabeth, dismissed with an admonition, 4c 124 Stretton John, Timothy Tomlins consented to take ten shillings from, . . 65 capias granted to, against Kibbe, 4c 65 Mr., fined for lending a gun to an Indian . . . . . 71 freed from his bond . . .82 Strong Water order as to seizure of .......... . 5 Mr. Allen's strong water to be delivered to the Deacons of Dorchester for the benefit of the poor 26 selling to such as were drunk with it 26 4c, no person shall sell strong water without leave from the Governor, and none to sell or give to an Indian 33 drinking, 4c, Timothy Hawkins, 4e. fined for, 40 selling, Edward Howe fined for, 41 to the Indians, James Browne fined for, . . . . . 68 drinking, 4c, Benjamin Hubberd admonished for, .... 68 (See also Liquor.) Stubbornness. (See Crimes, 4c) Sucket (or Sackett), Isabell, granted administration on goods 4c of her husband 69 Sudbury, Town of, deferred until the Quarter Court 100 delivered in a transcript of their lands 117 Mr. Briant Pendleton to exercise the company at, .... 133 272 INDEX. PAGE Sudbury Mill, owners of, fined for want of weights 4 scales . . .135 Sumer -i Summer I William, his servant William Shepheard sentenced to be whipped for stealing 62 Summons in Civil Actions (order as to) 2 4c", every Assistant shall have power to grant 17 Surveyor, Willi: Powell fined for resisting the surveyor .... 88 Sutton, John, 4c , bond by (as to things taken from John Hardies' wreck) 105 Swaddon Phillip, to be -whipped for running away from his jnaster . . . 16 shall be set free from his master, Robert Seely, upon the pay ment of ten shillings 18 Swamps, containing above one hundred acres, order as to, . 39 Sweet ) Sweete > John, ground of, mentd. (grant to Mr. Skelton) . . 24 fined and imprisoned for shooting a dog . . . 66 Swift r Swifte / William, to pay towards the cure of his servant . . . . - 53 Willi: mortgaged his house and lands in Watertown to John Haynes, mentd. 96 surety, bond to make payment to- Andrew Coleman, mentd. . 96 and Andrew Coleman, order in case . . . .96 Swine order as to allowance for weaned swine, 4c ...... 8 found in any man's corn shall be forfeited to the public . . 14 shooting of, Chickataubott fined for, ... . 16 every person shall satisfy for the damages done by his swine in the corn of another 28 at Marble Harbor, order as to, . . . . 32 it shall be lawful for any man to kill swine that comes into his corn . 34 order as to the kind of corn to be given to swine ..... 38 number of swine to be kept in every plantation 38 damage done in corn of Thomas Richards ... 49 of Charlton, damage by, complained of, . 49 damage to, by setting traps, order as to, . . 50 town of Roxbury fined for neglect of an order about swine . . . S9 town of Weymouth fined for not looking to the execution of the order about swine, 4c 91 Symonds 1 Symons > , Mr., 4c, present at Court . . ... arbitrators, (Mr. Humphrey 4 Robert Saltonstall) Samuel, copy made by, referred to Thomas, enjoined to appear at the Quarter Court Synode at Newetowne for settling differences, mentd. .... 132, 13S . 133 1Q3, 115 88 69 INDEX. 273 Tables, all persons that have cards, dice' or tables in their houses shall do away with them 12 Tabor Phillip, 4c, gift towards the Sea Fort . . ... 42 bond by, (case of Mr. Chester) ... .44 Tacye, , case of, (swearing) . .... 88 Tailors, Master, order as to wages of, . . . ... 36 Talbie "I Talbye r Difficult, her mother, Dorothy Talbie, to be hanged for causing death of, - 78 Dorothy, wife of John, to.be hanged for causing the death of her daughter 78 John, Dorothy, wife of, to be hanged for causing the death ofher daughter 78 Tappin, Nathaniel, case of, (breaking into houses, 4c) . . . 132 Tarling, Christopher, to be whipped for stealing from his master, and for running away 40 Tax. (See Assessment) . Taylor John, Rebecca Taylor, wife of, mentioned .... 139 Rebecka, wife of John Taylor, " 139 Richard, dismissed with an admonition . . 122 Teacher. (See Pastor.) Tee, John, Jacob Eliot deposed to the will and inventory of , . . . . 115 Terry Steven, sworn constable of Dorchester . . 55 Thomas enjoined to appear at Court . ..... 80 Thacher. (See Thatcher.) Thanksgiving Day 13 June, 1632, order for, .23 19 " 1633 " as to, . 32 16 October, »•••«».. . . 37 20 August, 1634 " " . 47 15 June, 1637 "«>.<. . 63 Thatcher or Thacher , Thatcher's plot, m_entd. (case of Thomas Briant) . . . 118 Anthony, Mr., granted administration on goods, 4c of Joseph Avery, and inventory returned by, 58 Peter, case of, (plotting piracy) . . . 118 -Thatchers, order as to wages of, . . • • 3 Theale Nicholas or (Richard) attachment against, ...... 73 to make a payment to John Finch, and admonished to avoid dancing 75 Richard (or Nicholas) attachment against, ... 73 Theft. (See Crimes, 4c) Thing, Jonathan, case of, (ravishing Mary Greenfeild) 106 Thomas, Evan, allowance of corn to, . . . 97 274 INDEX. Thorne, , Mr., case of , (concealing, hiding, 4c) . . . . i09 Thornedicke, , Mr., 4c, at Aggawam, mentd 31 Thorpe, Robert, 4c , discharged with an admonition as to too many in a boat 81 Three Mile Brook or North River, land on, granted to Mr. Increase Nowell 43 "Thunder," (ship) difference between John Cogan, John Tylley, 4c, as to, referred to a committee 54 Thwayte, Alexander, corn of, granted to Peter Bulkeley . . . . 94 Thyery , Monsieur, a Frenchman, who died here, part of estate of, in hands of the Gov'. 127 Tilers. (See Tylers.) Tilley or Tylley \ John, Mr., administration granted on goods, 4c, of, ... .43 and Mr. Marriner, 4c, difference between, referred to John Winthrop, Sen'., 4c 47 Henry Cogan, difference between, referred to John Win throp, Sen'., 4c 47 John Coggin, difference between, referred to John Winthrop, Sen'., 4c 47 John Cogan, difference between, as- to ship "Thunder" referred to a committee 54 Timber 4c, order for preservation of, ..... 17 order as to preservation of, 28 Tobacco no person shall take tobacco publicly . .... 28 tobacco takers, 4c, mentd. (order as to idlers) . . 37 Tobey 1 Toby > Francis, bond for, by John Jobson . . ... 62 Frauncis, bound to his good behavior for a misdemeanor ... 55 Tole, Roger, Mr. Henry Webbe's man, case of, (selling gunpowder to an Indian) 101 Toll Thomas Wilson fined for taking above double toll . 78 Mr. Waltham fined for taking too much toll -. . .84 Willi: Fuller fined for " ....... . . . . 35 Tompkins, Ralfe, theft from, William Baker sentenced for, . . 62 Tomlins Edward, Mr., case of, (opinions against singing in Churches) . . 105 allowed Ensign at Lynn ... . . 123 Tymothy, consented to take ten shillings of John Stretton . . 65 Timothy, Mr., 4c, granted admn. on estate of Mr. Ballard . 117 Tompson Miles, fined for drinking with others 131 Robert, Mr., 4 William Tynge difference between referred . . . 104 Tompson's Island, 4c, shall be appropriated to the public benefit, 4c . 17 Tory, William, Mr., appointed Ensign at Weymouth . . . . 123 INDEX. 275 PAGE Tower, John, case of, (disturbing the peace) 95 Town Book of Weymouth, Mr. Stoughton to have power to call for, . 99 Towns ordered that every Town within this pattent shall provide every person with fire arms, before April 5th, 1630-31 12 order as to fetching wood from swamps belonging to towns ... 39 constable and four of the inhabtB. of every town to make a survey of the houses, 4c "45 all towns had respite to bring in the transcript of their lands . . 83 mentd. (answer by John Pratt) 110 Trade order as to-articles concerning a general trade of beaver agreed upon by Capt. Endicott and others 15 buying corn, 4c ... ..... 16 trucking house to be appointed in every plantation where the Indians may trade 23 Mr. John Winthrop, Jr., 4c, granted liberty to setup a trucking house up Merrimak River 35 mentd. (answer by John Pratt) . . 110 Tradjng, order as to trading beaver with Indians 23 Training. (See Military Affairs.) Transcript of lands delivered in, by Charlestown, Sudbury and Dedham .... 117 town of Dedham, mentd " 123 Concord delivered in an imperfect transcript of their lands . . . 124 delivered in by town of Dedham . 135 Trask -1 Traske J , Capt., 4c to settle the bounds between Dorchester and Rocks bury 29 to make a payment to John Kirman, as his share in a plow patent 52 Travell, Nathaniell, case of, (scandalous speeches) 93 Travellers ordered that no person shall travel single between this plantation and Plymouth, nor without arms 14 no person shall travel out of this pattent either by sea or land without leave from the Governor, 4c 15 Treasurer. rent to be paid to, (Conant's Island.demised to Gov'. John Winthrop) . 22 Mr. William Pinchon chosen 26 ordered to make a payment to Richard Waterman for killing a wolf . 26 4c, present at Court, 26-28, 30-34, 36, 38, 39, 42, 45-47, 50, 52, 55, 57-59, 61, 62 ordered to pay a quarters " exhibition " to Capt. Underhill, 4c . . 27 order as to his beaver trade . 27 4c, committee to take an account of debts due to the Governor, 4c . 33 ordered to pay Lt. Mason for his voyage to the eastward ... 34 276 INDEX. Treasurer, continued. 4c, chosen for Rocksbury (order as to bridge over Muddy River, 4c) 34 to give James Pen the beadle thirty pounds to build a house . . 38 rent to be paid to, (Long Island, 4c granted to Boston) ... 44 to pay three pounds to inhabitants of Dorchester for care of Thomas Lane 46 to pay money for maintenance of widow Bosworth and her family . 48 4c, to prepare the business of Mr. Coxeall, 4c . . . . . 53 creditors to repair to the, (adm". on goods of Robert White) . . 56 Mr. Bel[lingham], 4c, present at Court . . ... 92 to make a payment to Thomas Buckniaster ...... 92 Trees, William Lampson allowed to fell trees on the other side of Chebacco 108 Trerice , Mr., to pay Tacye's fine .88 debt to, mentd., attachment against Robert Mindam . .123 Nicholas, Mr., case of, (miscarriage in Court) ... . 108 fine remitted to, ... . 118 Trespass in Corn, owners of cattle are ordered to pay for damages done by, 14 Trimountaine, ordered that Trimountaine shall be called Boston . . 4 Trotman, John, theft from, (case of Bridget Barnard) . . . . 137 Trowent, Morris, 4c, sentenced to be whipped for stealing ._. . . 13 Trucking House. (See Trade.) Trumble John, fined 4c ....... . .66 part of fine remitted to, . ...... 67 Trusdell, Richard, 4c, jury (case of Hugh Buett) . . . 101 Tucker, Robert, case of, (upbraiding James Brittain) . . 94 Turner , Mr., chosen constable of Saugus ...... 26 4c, difference between Newton 4 Charlestown referred to, 29 to set out land to John Humfry, Esq. . . 30 Capt., 4c, gift towards the Sea Fort . ... 42 Goodman, the treasurer to cast up his bill, and if it be found right to allow it 137 John, and William Richards, Mr. Ginner 4c. to settle things between, 97 Nathanaell, Mr., of Saugus, Sarah Morley apprenticed to, ... 22 4c, agreement signed by, (as to bounds of Charles Towne 4 New Towne) 23 Mr., chosen Captain of the military company at Saugus . 40 Richard, fined for drunkenness . 7g case of, (drunkenness) ........ 86 Robert, discharged for want of proof ...... 84 Thomas, town of Hingham acquitted from the presentment about Thomas Turner's lot 84 &c, bond by, (case of Robert Penycr) 86 (as to things taken from John Hardie's wreck) 105 costs to Richard Osborne, for not prosecuting . , , 136 INDEX. 277 PAGE Tuttle, Henry, took oath as constable of Hingham 97 Twitohwell, Joseph, five pounds of the judgment against, to be abated 40 Twogood, John, servant of Thomas Marshfield order as to, ... 100 Tylers, 4c, order as to wages of, .36 Tylestone, Thomas, 4c, fined for not attending the jury . 97 Tylley. (See Tilley.) Tylls, Peter, his master, John Clois, admonished to use him well . 88 Tyng >_ Tynge I , Mr., 4c, to examine accounts between Mr. Joanes 4 Mr. Mayhewe 93 Willi: Mr., to make a payment to Mr. John Coggan . . .92 4c,-to examine the books about the goods which came in the " Charles" 97 William, Mr., 4 Robert Tompson, difference between, referred . . 104 Undekhill , Mr., allowance to, (or Capt.) order as to levy for maintenance of, Capt., order as to training of his Company 4c , to be paid a quarters exhibition Boston, 4c, assessed for maintenance of, Sergeant Morris chosen ancient to, Mr. Richard Morris chosen Lieutenant to, 4, 5 6 18 27313140 108105 John, Capt., acquitted . . Underwood, Marten, 4c, allowance to Union. (SeeUNNioN.) Unjustly selling, 4c (See Crimes, 4c) Unnion (or Union), Robert, fine respited to, ..... . 127 Upsall Nicholas, 4c, jury, as to death of Austen Bratcher .... 6 of Dorchester, licensed to keep an ordinary, 4c ... 68 4c, jury of life and death ... 70 Vaine \ Vane i , Mr., late Governor, William Knop to answer for speeches against, 68 Elizabeth, case of, (abusing a magistrate, 4c) 132 Vaughan 1 Vauhan > John, 4c, fined for company keeping, drinking, 4c 40 to appear at the next Court ........ 90 committed to prison until he marry her whom he hath defiled, 4 to provide for the child, 4c 91 Verin, Josua, his wife referred to Salem 79 Vine Brook 4c, town of Cambridge to repair highways at, 85 fined for defective way at Vine Brook, 4c . 90 278 INDEX. 4c Virginia, mentd. (sentence of Phillip Swaddon) (ship) misdemeanor and drunkenness committed aboard, Mr. James Parker fined for, Vocar, John, sentenced to be fined or whipped ...... Voysey, Symon, Mr., case of, (striking Mr. Constable) Wade Jonathan, money given to, mentd. ...... 4c, Grand Jury ....... his Bervant, Samuel Hefford freed bound to his good behavior Samuel, his servant, Richard Wilson, sentenced for stealing, 4c Thomas, bill by Goodman Perkins to, to be brought into Court Wages of Carpenters, 4c, order as to, Master Carpenters, 4c, order as to, order as to wages for laborers of William Knopp, order as to, order as to wages of workmen of workingmen, order as to, . of inferior laborers to be referred to the constable tailors, order as to, . . . . John Humfry punished for taking too great wages Frauncis Godson to answer for taking too great wages . forfeited by Arthur Holbidge, 4c as to price of, (case of William Shepheard, 4c) . taking excessive wages (case of Anker Ainsworth) James Loranson, 4c presented for taking too much wages Wahquack, land near Salem so called granted to Mr. Samuel Skelton Wahquamesehcok, land near Salem so called in the Indian tongue granted to Capt. Jo: Endicott Wake, Willi: counselled to go home to his wife and discharged . Walcot \ Walcott J (See Wolcott.) Waldo or Walldo Edward, servant of William French, Daniel Owles punished for con cealing him 4c concealing his intention of running away, (case of Richard ( Smyth) being privy to his intention of running away (case of Richard Smyth) Wales, Tymothy, 4c, to be whipped for drunkenness Walford Thomas, of Charlton, fined and he and his wife enjoined to depart out of this pattent goods of, to be sequestered to pay his debts .... Walker Richard, Ensign, Thomas Dickinson committed to, ... . Robert, 4c, , witnesses, allowance to, (case of Richard Lambert) PAGE 16 25 116 115 54 70 101101 8654 3,365,366, 36 9 12 36 36 3647 4856 125131 135 24 24 100 122122130 63 14 35 9749 INDEX. 279 Walldo. (See Waldo.) Waltham , Mr., fined for taking too much toll 84 1 4c, fined for want of weights 4c. in their mill . . 84 witnesses, (case of Walthian Richards) . . . 116 Henry, Mr., discharged 101 and Welthia Richards, difference between, as to a mill in Wey mouth referred 102 • Mr., 4c, bond by, (case of Gawen Wilson) .... 115 William, case of, (drunkenness) 91 Walton , Mr., to have his goods which were unjustly taken . . . 129 Mary Bentley to make restitution for stealing his jewel . 137 George, fined for swearing 77 Wannerton. (See Wonnarton.) Wanottymies River and Cobbett's House, meadow land lying between, granted to Gov'. John Winthrop 29 Ward Samuel, 4c, bond by, (case of Jonathan Bosworth) .... 124 Thomas, 4c, viewed the body of Austen Bratcher . . 7 Wardall, , Sergt, to train the company at Exeter .... 133 Ware. (See Weir.) Warham, John, Mr., pastor of the Church of" Dorchester, 4c, witnesses, (will of John Russell) 57 Warner, Thomas, 4c, fined for quarrelling 87 Warrants to be sent to Aggawam (order as to plantations) .... 4 4c, every Assistant shall have power to grant warrants ... 17 Warren Arthur, found guilty of keeping company with Clement Briggs wife . 72 wife of Clement Brigs enjoined not to accompany him . . 75 4c, witnesses, (case of Walthian Richards) . . . 116 John, mentd. as to leather of John Winter ...... 128 Warriner, Ralfe, fined for excessive drinking 85 Watch ordered that a watch of four shall be kept every night at Dorchester and Waterton to begin at sunset 13 order as to punishment of persons who shoot off fire arms after the watch is set 13 ordered that a watch of six and an officer shall be kept every night at Boston 17 part of Mr. Shepheard's fine to be used to pay for ferrying the watch from Charlton to Boston 20 John Stickland fined for refusing to watch at the Captains command . 26 town of Boston fined for want of a watch house 4c. Concord " " " " " " •«"... Cambridge fined " " " '* " " Charlestown" " " " " " "... 79 79 80 80 280 KI)EX' Watch, continued. order as to watch house for town of Dorchester ... 84 at Hingham ... . . 84 town of Concord fined for want of a watch house ... 85 Salem fined for not keeping constant watch . . 90 Concord fined for neglecting their watch &c . 90 Cambridge fined for neglect of a constant watch 4 c . . 90 order as to watch house at Charlestown . 90 town of Lynn fined for not keeping constant watch 4c . . 90 Weymouth fined for want of a watch house 4c . 90 neglecting to keep a constant watch. 90 Hingham fined for not keeping a constant watch &c . . 91 Salem fined for neglecting their watch -. 95 watch house mentd. (order as to town of Braintree) . . .99 town of Charlestown to use the meeting house for a watch honse 99 Salem " " " " " " " " " 100 Lynn " " " " " " " " " . 100 Hingham " " " " " " " " " . 100 town of Concord fined for neglecting the watch 4c . 106- neglecting the watch (case of Robert Sever) . . 126 refusing to watch (case of Richard White)- . . . 126 George Watts fined for abusing the watch 4c". . . . 133 Israel Hart fined f or.neglecting the watch 4c . . 133 David Williams sentenced for assaulting the watch . . 135 refusing to watch (case of William Porter &c.) . ... 135 Watch House. (See Watch.) Waterman, Richard, to be paid for killing a wolf . 26 Waters Lawrence, bond for his wifes appearance . 73 wife of, to make a payment to John Finch and admonished for dancing 75 Waterton \ Watertown > Town of, Watertowne j ordered that the town upon the Charles River shall be called. Water- town 4 mentd. (order as to levy for maintenance of Mr. Patrick 4c) . 6 (order as to maintenance of ministers) ... 9 Court of Assistants at, 8 March 1630-31 . . ... 11 ordered that a watch of four shall be kept every night at Watertown 4c to begin at sunset 13 mentd. (order as to a levy for the creek at Newe Towne) ... 16 assessed, (order as to levy for making the palisade) .... 20 rdentd. (agreement as to bounds of Charles Towne and Newe Towne) . 23 bounds of, mentd. (agreement as to bounds of Charlestown and Newton) 30 assessed for maintenance of Capt. Underhill 4c 31 to defray public charges ... ... 37 Samuel Hosier chosen and sworn constable of, 48 INDEX. 281 Watertown, Town of, continued. Church of, to dispose of the children and estate of Edmond Lockwood 52 and Newe Towne, agreement as to bounds between, mentions the Weir 53 Church of, 4c, consent by, to disposition of estate and children of Edward Lockwood 54 Richard Browne of, mentd. . ... 71 fined for want of a pair of stocks . . .... 79, 85 discharged as to a highway to the mill . 85 fined for a bad highway 85 to pay charges for Muddy River bridge ... 93 Henry Bright took oath of surveyor of arms in, . . 95 Willi: Swift mortgaged his house and lands in Watertowne to John Haynes mentd. 96 freemen of, discharged (as to proportion to townsmen) . . 99 John Whitney took oath as constable of Watertown .... 105 and Roxbury, town of Cambridge enjoined to repair the way between, 106 discharged ...... .... . 106 constable of, to provide a place of service for Elizabeth Wilsmore 117 Church of, disturbing the, 4c, (case of John Stowers) . . . 121 time granted to, as to transcript of lands .... 123 Edward Lewis 4c to- view the leather tanned in Watertown 4c 128 presentment referred to the Quarter Court . . . 128 Thomas Arnold sworn constable of, . . 134 lands, transcript of, respited ..... . . 137 Watts George, case of, (swearing) . . ... . . 127 (distemper in drink, abusing the watch 4c) . 133 Way , assigned Robert Way to Ensign Gennison ... 46 Henry, 4c, Nicholas Frost to pay a fine to, . . 28 debt owned by, mentd. (case of Thomas Wonnarton) . 55 Robert, to remain with Ensign Gennison ... 46 who was assigned to Edward Burton, order as to, . . 48 bills 4c. about, to be delivered into the Court . . 61 to be taken from Mr. Stoughton and to serve William Almy . 61 Waymoth ¦> Waymothe > WaymouthJ (See Weymouth.) Wayne. (See Weane.) Ways. (See Highways.) Weane or Wayne David, put himself to Hugh Gunnison . . . . . . . 129 4c, bond for appearance 134 forfeited forty shillings for not appearing 136 fine remitted to, 137 Wear. (See Weir.) Weatherly, Thomas, case of, (swearing 4c) 136 282 INDEX. Weaver or Wever , Mr., 4c, to be sent to England " as unmeet to inhabit here" 10 mentd. (case of Mr. Barnard) .... .94 Clement, fined for drunkenness .... 94 Web -i Webb I Webbe J , Mr., 4c, theft from, (case of Mary Felton) . . . .108 Henry, discharged for want of witness 79 Mr., his man, Roger. Tole, sold gunpowder to an Indian . . 101 4c, constables of Boston, granted power as to estate of Paul Yonge 107 John, set at liberty from his master William Parks .... 32 William, case of, (neglecting an order as to bread) . . . 127 Wedgwood, John, case of, (being in the company of drunkards) . . 86 Weights and Scales, Measures, 4c in mill of Mr. Waltham 4c mentd. . . . . .84 town of Dedham fined for want of weights 4c . . 90 Lynn " " " " sealed weights 4c . . 90 Richard Dummer fined for want of weights 4c . . 94 town of Newbury " " ........ .... 95 Salisbury " " " ...... ... 106 Hampton " " " " " -. . . 106 mentd. (order as to Sudbury mill) . . . 135 Weillust, or Wellust, Willust , John Humfrey 4c to determine as to estate of, . 52 Jost, chosen surveyor of the Ordinance and cannoneer . 11 allowance to for his transportation into his own country . 24 Weir or Wear, Ware at Mystic granted to John Winthrop, Esq. 4c ... .41 Mr. Israel Stoughton granted liberty to build a wear 4c over Neponset River 43 mentd. (agreement as to bounds of Watertown and Newton) . . 53 Weld , Mrs., punished for abusing two Indian women .... 95 Joseph, Mr., 4c, to sell Mr. Gurlings land to satisfy creditors . . 71 Mr. Gurlings land sold by, 73 Well John Barnard fined for his dangerous well 136 Thomas Ewar 4c fined for leaving his pit or well open ... 75 Wells, Willi: to answer for oppression 108 Wellust. (See Weillust.) Wenetsemet. (See Winnettsemet.) Wbsbaguscus mentd. (order as to levy for maintenance of Mr. Patricke 4c) . . 6 (order as to levy for the creek at Newe Towne) ... 16 assessed, (order as to levy for making a palisade) . 20 inhabitants of, to pay to Dorchester for all charges for caring for Thomas Lane 45, 46 INDEX. 283 Weston , Mrs., John Pease sentenced for striking and deriding his mother, Mrs. Weston, 59 Francis, wife of, to be set in the bilboes at Salem 4c .... 75 Frauncis, Josuah Harris apprenticed to, ... 41 Wever. (See Weaver.) Weymoth 1 Weymouth i or Waymoth, Waymothe, Waymouth, Town of, Richard Long's fine to be used towards building a bridge in Weymouth 60 riveing trees into clapboards and selling them from Waymothe Town, Richard Long fined for 60 Henry Kingman of, mentd 69 fined 4c . . .75 for defective highways 79 a bad highway at the stepping stones . . 84 want of a sufficient watch house, for neglect of keeping con stant watch and for not delivering in a transcript of their lands 90 fined for not looking to the execution of the order about swine . . 91 mentd. (case of John Danvard)! ... .... 93 and Richard Lange, Mr. Stoughton to hear business between, . . 99 William Carpenter sworn constable of, . 102 Thomas Richards of, mentd . 102 Mr. Neweman 4c of, mentd. . . 102 defective way certified to be mended . 106 fine remitted to, ..... . . . 106 John Harding 4c sworn constables of Weymouth .... 123 Mr. William Tory appointed Ensign at, 123 Thomas Richardson 4c sworn constables of , . . . 140 Wharfage and Litrige, rates of, referred to the General Court . . 108 Wheelwrights, 4c, order as to wages of, . 36 Whetle (or Whitele), John, 4c, to be whipped for drunkenness . . 63 Whipping. (See Punishment.) White , Mr., and Mrs. Wooleot, difference between, referred to Mr. Richd. Bellingham 4c 74 Daniel, to be fined and whipped for stealing. 69 Edmond, Mr., and Mrs. Woolcott, accounts between, to be examined . 100 James, fined for drunkenness ..... . 33 John, forfeited his bond 64 4c , bond by, (case of Robert Penyer) . ... 86 bound to his good behavior 4c 95 discharged 106 Richard, case of, (refusing to watch) 126 Robert, admn. on goods 4c of, granted to William Stitson ... 56 Thomas, grant to, as a witness . t 84 4c, to settle things between John Turner and William Richards 97 granted costs against Andrew Belcher 133 284 INDEX. Whitele (or Whetle) , John, 4c, to be whipped for drunkenness Whitmore (or Whittamore), Thomas, dismissed with an admonition . W. H., his Bibliographical Sketch of the Laws of the Massachusetts Colony mentioned Whitney John, 4c, allowance of cloth to, . ... sworn constable of Watertown . . . constable, fined for not warning Charles Chadwicke . Whittamore (or Whitmore), Thomas, dismissed with an admonition Wicks, George, sworn constable of Dorchester . . . . Wignall Alex: 4c, jury, (Dexter against Endicott) Mr., fined for drunkenness . ... case of, (drunkenness) . .... order as to inventory . . .... fined for drunkenness, quarrelling, breach of a Court order and contempt of authority Wigwams, order as to recompensing Indians for two wigwams which were burned Wilbee. (See Wilby.) Wilbore • , Mr., stealing boards 4c from, Griffin Mountague sentenced for, (or Gibones), Samuel, 4c, Grand Jury Wilby or Wilbee George, 4c to be whipped for running away from their masters 4c. Mary, case of, (concealing and consenting to an escape) Wilkinson, Bray, 4c, testimony by, (case of Thomas Wonnarton) Will of John Russell sworn to in Court 3 Sept. 1633 .... Silvester Baldwin presented George Alcock given in . Ann Bunting " " Thomas Morrice delivered in 4c . . . . and inventory of William Fry delivered in 4c Willard, , Mr., 4c, appointed as to Mr. Gurlin's land Williams , Mr., 4c, admonished to take heed of concealment . Capt., promised to endeavor to bring back John Richardson 4c, to view the leather tanned in Watertown 4c, Aaron, Capt., case of, (distemper in drink) . discharged from Capt. John Chadwicke David, put himself to John Read .... case of, (assaulting the watch) . John, found guilty of the murder of John Hobbe . Richard, fined for drunkenness .... Roger, 4c, jury, as to death of Austen Bratcher . PAGE 63 124 115105105119124130 15 18 19 333511 53 70 59 109 56 102102124134 74 109116123135 136117 135 6940 6 INDEX. Williams, continued. Roger, 4c, goods 4c of Christopher Ollyver in hands of, order as to, difference between John Cogan, John Tylley, 4c referred to, Thomas, 4c, inquisition on body of William Bateman upon oaths of, . William, 4c, certificate by, (case of Mighill Bacon) . Willis Michael, discharged . . . Nicholas,. 4c, jury, (case of Marmaduke Peirce) Richard, case of, (battery) ...... . . Willoughby, William, case of, (being distempered with wine, neglecting private and public Ordinances 4c) Wills, William, to make a payment to Gyles Gibbs for felony Wilsmore, Elizabeth, warrant to constable of Watertown to provide her a place in service Wilson , Mr., maintenance of, . ... house to be built for, (order as to ministers) allowance to, (order as to ministers) rates on plantations for maintenance of, . goods sent over with John Smythe to remain in hands of, Edward, inventory of estate of, delivered into Court Gawen, case of, (bond by Henry Waltham 4c.) . and his sureties discharged case of, (fornication) John, Mr., John Smithe bound an apprentice to, 4c, gift towards the Sea Fort pastor of the Church of Boston, land granted to, 4c , witnesses to answer by John Pratt Richard, case of, (stealing from his master Samuel Wade) (abuse of his master Thomas Cheesholme) Thomas, exec'., delivered an inventory of estate of Edward Wilson fined for taking above double toll and " presented for stand- , ing above six months excommunicate " 4c, had liberty until the next Court fine respited to, ... . William, Elizabeth Hasnet put to, 5 Jan. 1642-3 . Willust. (See Weillust.) Wily, John, 4c, bond by, (case of John White) .... Wincall, Thomas, fined for drunkenness ....... Wine 4c, no person shall sell either wine or strong water without leave from the Governor Winettsemet. (See Winnettsemet. ) Winge, John, testimony by, (admn. on goods of Francis Dent) Winnettsemet or Winettsemet, Wenetsemet, mentd. (order as to maintenance of ministers) (order as to levy for making the creek at New Towne) . houss of Mr. Maveracke in, ment4. 286 INDEX. Winnettsemet, continued. assessed, (order as to levy for making a palisade) .... 20 Richard Arnold of, mentd 35 assessed to defray public charges ........ 37 Winshot, Edward, 4c, fined for not attending the jury .... 97 Winslew (or Winsley), Samuel, Mr., sworn surveyor of the arms at Col chester 98 Winter John, discharged with an admonition 120 Edward Lewis 4c to view leather tanned by, 4c . . . 128 Winthrop ¦) Winthrope J , Governor, land granted to, near his house at Misticke . . 19 Mr. 4c. reference to. in case of Richard Wright ... 66 present at Court 24, 25, 27, 28, 32-34, 42, 45-48, 50, 50, 52, 54, 55, 57-59, 61, 62, 105, 107, 108, 115, 117-119 Jun'. 4c present at Court 23, 30, 45, 48, 86, 89, 91, 93, 99, 103, 105, 134, 138 Sen'. 4c to examine witnesses (Hough against Maveracke) 58 present at Court . . .93, 95, 96, 98, 99, 103, 104 _ John, Mr., Esq., or Governor, present at Court . . . . 1, 26 inquisition on body of Wm. Bateman before, 7 Conant's Island demised to, . . 22 his great lot mentioned ... 22 grant to, near Wanottymies River . 29 4c at Aggawam mentioned ... 31 weir at Misticke granted to, . . 41 4c (Court of Assistants) order by, (case of John Pratt) . . 112 , Journal of, referred to in note 10, 13, 15, 16, 18, 19-21, 23, 25, 27, 30, 32, 33, 35, 37, 39, 40, 41, 44, 47, 50, 57, 58, 61-63, 69, 76, 78, 80, 86, 89, 101, 103, 108, 109, 119, 120, 126, 127, 135, 139 Junr., Mr., granted liberty to setup a trucking house . . . 35 took oath of an Assistant .... 46, 77 present at Court . 63, 64, 66, 69, 76, 78, 80, 102 mentioned (divorce of Anne Clarke) . . . 138 Sen'. Mr., or Esq., differences referred to, 47 marginal note by, referred to in note . . 59 present at Court 102 John George put to, for eight years . . 104 Wipple, John, 4c, to make a payment to their master, Israel Stoughton, for their wasteful expense of powder 4c. 27 Wiswell, , Goodman, ment"1. (case of Willi: Pilsberry) . . .107 Witheredge, John, 4c, allowance of cloth to, 105 Witness, Robert Allen fined for being absent from Court as a witness . . 33 INDEX. 287 PAGE Woburn or Wooborne, Town of, Edward Johnson appointed to train the company at 123 Edward Converse constable of, mentd 126 Edward Johnson chosen Lieutenant of, 135 Wolcott or Wollcott, Walcot, Walcott, Woolcote, Woolcot, Wulcott , Mrs., to bring in an inventory 74 and Mr. White mentd . 74 Edmond White, accounts between, to be examined 110 Henry, 4c, jury, (Dexter against Endicott) 15 John Cogan, 4c, difference between, referred to a committee . 54 (or Wolfidge), John, of Roxbury, mentd. (order as to Richard Brown) 71 William, case of, (idleness and abuse of his friends) .... 126 Wollaston. (See Woolastone.) Wollcott. (See Wolcott.) Wolridge. (See Woolridge.) Wolves order as to money to be paid for killing wolves, 4c 8 Richard Waterman to be paid for killing a wolf 26 no reward shall be given for killing wolves ...... 29 allowance to Thomas Marvin for killing wolves . . . . 120 Wonnarton or Wannerton , Mr., Mr. Drayton's cause against, transmitted to Piscataqua Court 131 Thomas, Mr., threat by, (testimony by John Holland) . .55 bound to his good behavior 4c ..... 56 Wooborne. (See Woburn.) Wood felled and squared for use of sawyers, order as to, . .3 felling, mentd. (order as to Islands) . . ... 17 order as to felling wood for palings 28 inhabitants of Boston to have liberty to fetch wood from Dorchester Neck 29 Boston and Charlestown to fetch wood from Noddle's Island . . 31 order as to fetching wood from swamps 39 Wood Edward, inventory of estate of, and an account of the disposition of his children delivered in, 122 case of, (baking wheat meal contrary to order) . . . 124 Richard, to keep an ordinary at Roxbury 133 Woodberry. (See Woodbury.) Woodbridg, John, Mr., case of, (releasing a servant) 94 Woodbury or Woodberry John, took the oath of a constable 5 chosen constable of Salem 5 4c, bond by, (case of John Ellford) 11 agreement made by, as to estate of John and William Fiske 77 Woodcocke (or Woodoooke), John, case of, (miscarriages) . • • H9 288 INDEX. Woodley -i Woodly j Edward, to be whipped, imprisoned for one year and to wear a collar of iron for breaking into a house 4c 64 " released from prison to his master "... 65 Woodward George, costs to John Palmer for not prosecuting .... 67 to pay witness fees. to Richard Chadwell . . . 68 granted damages against William Dinely for not prosecuting . 72 James, servant of S'. Richard Saltonstall, wigwams burned by, (order as to recompensing Indians) 11 to be set in the bilboes for being drunk 26 to be whipped for running away from his master 4c ¦ . 27 John, 4c, case of, (drinking too much) . . . . 130 Woolastone or Wollaston ¦ , Mr., case of, (being privy to, and concealing an escape) . . 109 Edward, 4c, will of Thomas Morrice testified to by, . . 124 Woolcot i Woolcote j (See Wolcott.) Wooldrige. (See Woolridge.) Wooleston River or Orkhussunt River, land near Salem bounded on the east by, granted to Capt. Jo: Endicott 24 Woolricii \ Woolridge >• or Wolridge, Wooldrige. Woolrige J , Mr., 4c, to take an inventory of goods 4c of Alex: Wig nall 33 to require the Indians to set out the bounds of lands sold by Chickataubut 55 John, Mr., fined for drunkenness . ..... 34 (or Wollcott), John, of Roxbury mentd. (order as to Richard Browu) . 71 John, admonished 4c for drunkenness . 73 Mr., 4c, respited until the next Court S3 case of, (drunkenness) .... SS bound to his good behavior and his servant Hester Ketcham freed 92 discharged from his bond . . . 97 Mr., case of, (drunkenness 4c) . . 126 Workmen to work all day allowing time for food and rest ..... 37 reduction in wages of, mentd. (order as to price of commodities) . 39 Wormewood, , 4c, to be sent to England " as unmeet to inhabit here " 10 Wright or Right , Mr., shallop of, meutd. (inquisition on body of William Bate man) 7 4c, to be sent prisoners to England .... 10 Goodman, 4c, to go with Ensign Jennison 4c as to bounds of land sold to Mr. Pinchon 55 INDEX. 289 Wright or Right, continued. George, bond for appearance and bound to his good behavior . . 136 discharged 139 Richard, John Legge to be whipped for striking, ..... 14 Thomas Dexter 4c differences* between, referred to Mr. Endicott 4c. 35 4c, gift towards the Sea Fort 42 heifers kept by, difference as to, referred to Mr. Winthrop 56 to stave the canoe from which three persons were drowned . 78 Robert, case of, (distemper in drink) 134 Wulcott. (See Wolcott.) Wyar) Wyer / Robert, 4c, ease of, (ravishing two young girls) 121 put to Leonard Bowtle with his masters consent . . . 122 fined for drinking with Samuel Bacon 132 Wythes, Sarah, 4c, to be whipped, (case of Robert Wyar 4c) . . . 121 Yonge, Paul, Henry Webbe 4c granted power as to estate of, . . . 107 00461 0243