RECORDS
MASSACHUSETTS.
VOL. II.
1642-1649. The original of this book is in the Cornell University Library.
There are no known copyright restrictions in
the United States on the use of the text.
http://archive.org/details/cu31924091024582 In compliance with current copyright law, Cornell University Library produced this replacement volume on paper that meets the ANSI Standard Z39.48-1992 to replace the irreparably deteriorated original.
2001
RECORDS
OF
THE GOVERNOR AND COMPANY
OF THE MASSACHUSETTS BAY
IN NEW ENGLAND.
PRINTED BY ORDER OF THE LEGISLATURE.
EDITED BY
NATHANIEL B. SHURTLEFF, M.D., MEMBER OP THE MASSACHUSETTS IIISTOKICAr. SOCIETY, FELLOW OF THE AMEHICAN ACADEMY OF AKT3 AND SCIENCKS, AND MEMBER OF THE AMERICAN ANTiaUAUIAN SOCIETY.
VOL. II. 1642-1649.
BOSTON: FROM THE PEESS OF WILLIAM WHITE, PKINTEH TO THE CO.MMONWEALTH. 18 53.
)
REMAUKS.
This second volume of the printed records comprises all that is contained in the second volume of manuscript Colony Records. A\] the general remarks which relate to the first volume are equally applicable to this.
The names of such as took the oath of freemen from 1642 to 1649, inclusive, have been collected together and printed at the end of the volume, and have an index immediately follomiig that of general subjects. The miscellaneous orders which appertain to the peiiod embraced in this volume are recorded in a book appropriated for that purpose, and which is numbered as the third volume of Colony Records.
N. B. S.
November, 186-t, (iii
;
MARKS AND CONTRACTIONS.
" A Dash (or straight line) over a letter indicates the omission of the letter following the one marked. " A Curved Line indicates the omission of one or more letters next follow- ing the one marked.
A Superior Letter indicates the omission of contiguous letters-, cither pre- ceding or following it.
A Caret ^ indicates an omission in the original record. A Cross X indicates a lost or unintelligible word. All doubtful words supplied by the editor arc included between brack- ets, [ ]. Some redundancies in the original record are printed in Italics. Some interlineations, that occur in the original record, are put between par-
allels, II II.
Several characters have special significations, namely : —
@, — annum, anno. o, — mo, month.
Roiot, — par, por, — pt, part ; ptlon, por- t, — ber, — numti, number ; p, Robert. tion. pson, person. 5, — ci, ti, — accon, action. p, — per, — c5. — tio, — jurisdiccbu, jurisdiction. p, — pro, — j>porcttn, proportion. present. 5, — ere, cer, —
)
CONTENTS OF VOLUME II
PAGE
THE COLONY KECORDS, 1642—1649, 1
MISCELLANEOUS RECORDS, 289
FREEMEN OF THE COLONY, 1642—1649, 291
GENERAL INDEX 297
INDEX OF FREEMEN, 339
( vii
THE COLONY RECORDS.
1642-1649.
:
MASSACHUSETTS RECORDS.
THE EECOEDS OF THE COLONY OF THE MASSACHUSETTS BAY IN NEW ENGLAND.
[The manuscript of the second Tolume of the Massachusetts Colony Records commences on the third page, at the place indicated by an asterisk. The first portion of the volume is lost, and the first eighteen "pages of what remains are in a very decayed condition. By the aid of ancient transcripts of the Tolume, made apparently very early, and by a duplicate leaf in the hand^writing of the Secretary who wrote the volume, the decayed portions have been restored. The volume is mainly in the chirography of Secretary Nowell, although occasionally passages, and sometimes pages, are in that of Mr. Edward Kawson, who Bucoeeded Mr. Nowell as Secretary in 1650.]
IThe Generall Court of Elections, the 18"" Day of y' 3^ Mon\ 1642. 1642.
Pkesent, The Governo'', M"' Bradstreet, 18 May. The Dep"° Governo', M"' Staughton, M' Dudley, M' Flintt, M'' Bellingham, M' Increase Nowell. M' Saltonstall,
Deputies fsent
W° Hilton, Robert Bridges, Elea: Lusher, W" Walderne, M' W"^ Ting, W" Heath, W" Hayward, Capl Edw: Gibbons, W" Parkes, John Saunders, Ralph Sprague, M" John Glover, Edward Rawson, Thomas Line, M' Nat: Duncum, Matthew Boyse, Cap? Geo: Cooke, Alex: Winchester, Cheesborough, Maximi: Jewett, M'^ Nat: Sparhawke, W™ M' Sam: Simonds, Cap? W"?* Jcanison, James Parker, Edw: Bates, John Whipple, M'^ Simon Eyres, Willard, Jos: Pecke, M"' Ema: Downing, Symon Edm: Hubberd. Edm: Batter, Peter Noyse, Edw: Hollioke, Edw: Allen,
and till Govern', 'OHN WINTHROPP, Esq', was chosen Governo' for this yeare new bee chosen, and tooke his oath. Governo', tooke his oath. Dep. G. John Endicott, Esq', was chosen Dep'- & an Assistant, & tooke his oathe. Assistants. Thorn: Dudley, Esq^ was chosen chosen an Assistant, & tooke his oath. Rich- Bellingham, Esq% was ^ VOL. II. THE KECOEDS OP THE COLONY OF
Rich: Saltonstall, Esq', was chosen an Assistant, & tooke his oath. M' Symon Bradstreet was chosen an Assistant, & tooke his oath. M' Increase Nowell was chosen an Assistant, & tooke his oath.
M'' Israeli Staughton was chosen an Assistant, & tooke his oath. M' John Winthrop was chosen an Assistant. M' W" Pinchen was chosen an Assistant, and tooke his oath. M' Thomas Flintt was chosen an Assistant, and tooke his oath. Tresurer. M' Tyng was chosen Treasurer.
Depntye. It was ordered that a warrant shovdd bee sentt to Salem for a new election
of a new deputie to be ioined with M' Downing, because the Court is doubt-
full of y« choyse, & M' Edmund Batter was sent. M' Staughton & M' Ting, Treasuro', were appointed a comittee to advise
Goodman Johnson aboutt y^ amunition.
Pressinge of An order was made for the ^ssing 4 horses, to goe w* M' CoUecott and horses. his companie (if they cannot hire w^'out ^ssing) to helpe them to carrie neces-
saries to run the south line.
Gloster. Cape Anne is to bee called Gloscester ; John Sadler is chosen constable
thereof, and tooke his oath.
John Sadler had comission to traine the men att Gloscester.
Obadiah Brewen is appointed Surveyer of y* Armes att Gloscester.
George Norten is appointed to keepe an ordinarie att Gloscester.
Gibson. Richard Gibson was comitted to the marshall for his seditious practises,
& vpon his submission & acknowlegement of his fault vnder his hand hee was dismissed with an admonition.
Waterton. "Watertowne delivering in a transcript of thier lands, nott being perfect
was lent them backe againe.
Shawsin. Leivetenant, Symon Willard & Edward Converse are appointed to view
Shawshins, & to certifie whether the land that is tree bee fitt for a village or nott.
South line. Goodman John Johnson had order to lend six carabines to M'' CoUecott & his companie w* are to run the south Hne.
487- Itt was ordered, that the Treasuro'' should defray the charges of the elders, Charges. when they are imployed vpon anie speciall order from the General Co't. 20 May. The lawes were read over the 20"^ of the 3* month. Lawes. John Pemberton was boimd in 20" to appeare att the nextt att Pembleton. Court Ipswich. 488- The order for hempe & flax seed to passe att twelve shillings the bushell Flaxeseed, 12' bush. is repealed. Eepeale. The orders for restraint of wheat are repealed. 489- There is power given to everie Co't Freemen, w^in o' jurisdiction y» hath two admission. THE MASSACHUSETTS BAY IN NEW o ENGLAND o magistrates to admitt anie church members that are fitt to bee free, & to give 1 G 4 2.
' "' them the freemens oath, to ' & certifie thier names to the Secretarie att the — next Generall Courtt. 2" ^"y-
The order formerlie for made -mriteing things before they bee Yoted, is 490- 1°*°^ "^ declared nott to conceme matter of forme, butt to bee meant of things that o Courts. are to bee matters of record. Repeeie.
Phillip White, for drunkenesse, was fined 10', & for misdeameno', •w«'» 'WMte. 10' Richard Wayte vndertooke for "White.
The Deputy Governo'', M' Staughton, Cap? Gibbons, Captaine Jeanison, Posture of ^''"^' Capl Cooke, M' Rawson, Leiveten* "Willard, & M' Parker, these or the greater number of them, are appointed to putt the countrey in a posture of warre.
Itt is ordered, y' when anie person shall bee tendred to anie officer of 491-
this iurisdiccbn by anie constable or other officer belonging to anie forreigne Officers duly to •' •' ODD receiue forraine jurisdiction in this countrey, or by warrant from anie such authoritie, hee or prisoners.
shee shall bee presentlie receiued and conveyed forthwith from constable to
constable till the partie bee brought to the place to which hee or shee is sentt,
or before some magistrate of this jurisdiction, who shall soe dispose of the Hue & cry.
partie as occasion & the justice of the cause shall req^uire, & thatt all hew and cryes shall bee diUigentlie receuived & pursued to fall effect.]
•Whereas the country is put to great charge by the Courts attendance [*1.] 492- vpon suites comenced or renewed by either appeales, petition, {6, it is Ord- about ordered, that in all such cases, if it shall appeare to the Co't that the hueencry'. . , hatli no plain? in any such action of appeale, petition, id, m any Co't, the said plain- lust cause of any such proceeding, they shall take order that Co't w"" they shaU iudge to have beein tiff shall beare all the charges of the fine vpon him if the merrit expended by his occation, & may further impose a shall finde the defendant in fault, they of the cause shall so require j & if they defendant./ shall impose the charges vpon such WiUiam AspinwaU, upon Hs petition & cirtifficat of his good carriage, is freedome./ restored againe to his former liberty & of the townes to send but a deputy a The Court left it to the liberty session of this Court./ peece, if they please, to the next leaning a deputy./ The marshall hath leave to go to Conecticut, what is due to the countrey The beaver trades are appointed to bring in
at the next session./ any of the cables, & other Edward Bendall hath Hberty to make vse of them^ he needeth, alowing for the hurt of things belonging to the worke, a» oath of Water Towne, tooke h.s Gregory Taylo^ being chosen constable
to discharge that place./ THE RECOKDS OP THE COLONY OP
1642. George Story undertook for Eich'd Sherman that if he shalbee cast, what
cost shalbee ceased he will beare it./ 20 May. to dispose of Thomas Joanes, servant to "Willi : Eich'dson, hath lib'ty
himselfe./
M' Wniiam Hauthorne is dismissed for the present, and enjoyned to
appear againe when the Co't shall call for him./
3"» 3"' A, 1642.
^g3_ Wee, whose names are under written, have determined and agreed w"> the consent of Ipswich, Cape Ann, & Jefferies C^reeke, that their bounds
shall lye as foUoweth : That all the land lyiage between Ipswich & Cape Ann
meeting house shall be divided, 6 miles to Ipswich & 4 miles to Cape Ann,
where there are 10 miles, and so by proportion where less, — that is, by fifths,
3 parts to Ipswich for 2 to Cape Ann, — & where there is more than 10 miles,
the remainder to lye to Jefferies Creeke, and this to be measured before the next Generall Court./ _ ' WILLIAM HAUTHORNE, EDWARD HOLLIOKE, MATTHEW BOYES.
According to the former agreement above written, the bounds between
Cape Ann and Ipswich have been determined, vizj, at a white oake, marked on
4 ||both|| sides, about 12 ||14|| rod in a south east and east Hne, betwixt the 2
meeting houses, to the southward of Chebacco Marshes ; & from that tree, by quartering the compass by a south west & by south, & by a north east & by north lyne, to be bounded betwixt the two plantations above mentioned./ WILLIAM ANDRES, JOHN TUTTLE, GEORGE NORTON, ROBERT LORD, WALTER TIBBET, JOHN GAGE.
[*2.] *The cause of John ^ is referred to the Gouem' & M' Bellingham to heare & determine./
It is ordered & declared to bee the meaning of this Court, that no oathe
of ma'"*', counseUer, or any other ojS&cer shall bind him any further or longer
then hee is resident or inhabiting within this iurisdictioiL/
It is declared by this Co''t, that the selected townes men haue power to
lay out pticuler & private wayes conc'^ning their owne towne onely, so as no
damage bee done to any man, but dewe recompence to be given by the iudgm'
of the said townes men, or, if the pty desire it, then by 2 chosen by the townes-
men & two by the pty ; & so, if any man shall find himselfe greived, hee may seeke redresse in any Courte./ THE MASSACHUSETTS BAY IN NEW ENGLAND. 5 Samuell Winsley is granted sixe months time longer for the begining 16 4 2. of his salt works./
Coinissiou is granted to Cap? Wiggen, M^ Edward Hilton, M' Wonnerton, y^i^^rln & M' William Walderne to bee assistant to ^°'^^^- such of the ma'™'» or others as shalbee sent, ''^'^ either by this CoH or by agrement order of & the ma''-'', or the _. . greater number of them, to keep Co't at Pascataq, & out of Co't to see to the S'Tpas *^ J?serving of the peace, to have °'''"^"''' & and exercise such power w'Mn o' limits at Pascataqua as any ma'>-''t« one of this iurisdiction usually doth & lawfully may exercise out of Co--t ; this comission to continew till this Co'^t take further order that it shalbee ; & in the power of any Coi-t there to admit & sweare freemen, so they bee qualified according to law, so as there beq one of the ma''-'" at the least ^sent, & an oath shalbee given to the said associates for y« discharge of the duty of their place./
This Courte considering that •& booke now broght into this Co't con- M' Kich ; Sal T*^ "^"^ cerning the institution & authority, id, of the standing councell, written by ["c" ]\'P E,ich''d Saltonstall at such time as the gen''all warrant was given to every freeman to give their advice to any of the deputies concerning the institution
& power of the standing councell, fd, & that accordingly hee did deliver the
same to one of the deputies within the time limitted, this Court doth hereby
discharge him from any censure or further enquiry by this or any other Coui-t
concerning the same./
The Oath of the Associates. Associates oath. Y" shall do x and justice in all cases that shall come before you, x x your best skill & knowledge, according to the lawes here established./
By vertue of an order of Gennerall Court, wee whose names ar vnde' written, coinissione''s for the laying out of a plantation at Nantasket, doe order
first, Bellamy, John & dispose the same in manner following : Jerrimiah
John Prince, Nathani : Bosworth, Colljer, Nathanj : Baker, Edmond Bosworth, Edward Bunn, Thomas Colljer, Richard Stubbs, Thomas Chaffey, Willjam and to take their [*3.] Kerly, and John Stodder *shallbe adniitted as planters, valley betwixt the two hills next house lotts for building of houses in the each house, so that there may ly Pedocks Hand, to the valeu of two acres for two hills, the psons aboue to take all thirty two lotts at least betwixt the said valley, to begin at either end of that side, their lotts on one side of the said lye or else lott, the said lots to be and as they shall thinke fitt, by agreement, p persons to the hill, w^-" they chuse, these onely fine rodds broade vp against shalbee herafter signed, & also each haue each two akers of medowe, as they 6 THE RECORDS OF THE COLONY OF
16 4 2. of them to have four acres of planting land at Peddock's Hand, to bee laid " ^—~' need out when the plantation shall be fuller ; in the meane time, if any have 20 May. ^^ plant, they may plant where they thinke fitt ; and when it shallbe allotted
and lajd out in ppriety, those that have planted, if in casting lotts they bee
put from such lands as they haue planted, they are to bee allowed for their
labour they haue been at by those w* shall possesse their lotts afterwards ;
the beaches and places on Nantaskott or any of the isleands that may bee fitt
for setting up of stages for fishing to be left free for such purpose for these
or any other persons that shall set on such a work, and the plantation to be possessed & enioyed by the persons aforesajd according to the order of Co''t above specifyed. Dated the 9'" of f 2'^ &, 1642./ NATHANAEL DUNCAN, WILLIAM PARKS, • ISRAEL STOUGHTON, JOHN GLOUER.
The Court was adiourned to the 14"" of the 4"" A next ensuing./
14 June. (4) 14.
Thorn : Briant, servant to M' AUerton, hauing been imprisoned neare 2
months, was discharged from prison w*''out whipping, and sent to M' Moses
Mavericke to be imployed for his master./
Crumwells girle, of Newberry, is referred to Ipswich Court./
497— This Co't, taking into consideration the great neglect of many parents &
masters in training up their children in learning, & labo'', & other implyments
which may be profEtable to the common wealth, do hereupon order and
decree, that in euery towne y® chosen men appointed for managing- the pru-
dential! afiajres of the same shall henceforth stand charged with the care of the
redresse of this evill, so as they shalbee sufficiently punished by fines for the
neglect thereof, upon presentment of the grand iury, or other information or
complaint in any Court within this iurisdiction ; and for this end they, or the
greater numbe"' of them, shall have power to take account firom time to time
of all parents and masters, and of their children, concerning their calling and
implyment of their children, especially of their ability to read & understand
the principles of religion & the capitall lawes of this country, and to impose
fines upon such as shall refuse to render such accounts to them when they
shall be recLuired ; and they shall have power, with consent of any Court or
the magistrate, to put forth apprentices the children of such as they shall :
THE MASSACHUSETTS BAY IN NEW ENGLAND.
[find] *not to be able & fitt to imploy and bring them up. They shaU take '"'"''^'x^ixx imploying them x x up, nor shaU take co'se to dispose of x themselues ; and they are to take care of such as are sett to keep cattle be set to some other imploym' wt^aU, as spinning upon the rock, knitting, weaving tape, id, & that boyes & girles be not suiFered to converse together, so as may occasion any wanton, dishonest, or imodest behavio- for their better & performance of this trust comitted to them, they may divide the towne amongst them, appointing to every of the said townesmen a certain^ number of families to have special oversight of. They are also to pvide that a sufficient quantity of materialls, as hemp, flaxe, may be raised tc™, in their severall townes, & tooles & implements provided for working out the same for their ; & assistance in this so needfull and bene- liciall imploym', if they meete w'" any difficulty or opposition w"" they cannot well master by their own power, they may have reco'se to some of the
ma'™'% who shall take such course for their help & incuragm* as the occasion shall require according iustice to ; & the said townsmen, at the next CoH in
those limits, after the end of their year, shall give a breife account in writing of their pceedings herein, pvided that they have bene so required by some
Co''t or magistrate a month at least before ; & this order to continew for two
yeares, & till the Co''t shall take farther order./
This Co't will not proceede to iudgm* in any criminaU cause ag* any 498-
pson, nor in any civil cause between pty & pty, w"'out taking the oath here
under written, vizj
I do sweare, ^c™, that in all causes wherein I am to deliver my vote or The oath, ""'*'• sentence agjdnst any person upon any criminaU offence, or between pties in
any civill cause, I will deale uprightly & iustly, according to my iudgme' &
conscience ; & I will, according to my skill and ability, assist in all the pub-
like affaires of this Court faithfully & truely, according to the duty of my place, when I shall be ]^ent to attend the service./
M"' Edw* Tinge, being chosen constable of Boston, took his oath./
It is ordered, that the clause in the order 358, for restraining pubhke brewers to sell by gross, is repealed./ a comitte to settle Highway, M"' Parker, M' Glover, and Goo : Bate are appointed Brantry. • <' i_ /^ high way at Brantree not yet set out, & to certify the Court./
The 4*'' Day of the 4'" Month, 1640.
Lynne, Lynn bound*, Whereas "William Hauthorne, of Salem, & Edward Tomlyns, of of the bounds of were chosen by the Gfenerall Court to lay out the length 8 THE RECOKDS OF THE COLONY OF
1642. the town of Linn according to the Cols order, sixe miles from the meeting house, which accordingly hath beene performed the day and year above written, 14 Juno. which we signify und"^ our hands to extend from Charlestown bounds to the
south end of the great pond at Linn village, and from thence to the great
swamp adioining unto the great pond, and so to run from thence northward
to the North River [toward] Salem bounds, these being the nearest marks
by our measure we find to state the bounds./ EDWARD TOMLINS.
[Pages 5 and 6 of the original manuscript are a repetition of parts of pages 2, 3, and 4, which pre- cede them, and are in the same handwriting.]
[*5.] *doclis Hand, to the valew of two akers for each house, so that there may lye
thirty two lotts at least betwixt the said two hills, the persons above mentioned
to take all their lots on one side of the said valley, to begia at either end of
that side, as they shall thinke fit, by agreement, or else by lotts, the said lots
to bee & lye onely five rods broad up against the hill, w* they chuse, these
persons to have each two akers of meadow, as they shalbee hearafter- assigned,
& also each of them to have four akers of planting land at Peddocks Hand, to
bee layd out when the plantation shalbee fuller ; in the meane time, if any
have neede to plant, they may plant where they thinke fitt ; & when it shal-
bee alloted & layd out in propriety, those that have planted, if in casting lots
they bee put from such lands as they have planted, they are to bee alowed for
their labo' they have bene at by those w"'' shall posses their lots afterwards,
the beaches & places on Nantaskot, or any of the ilands that may bee fit for
seting up of stages for fishing, to bee left free for such purpose for these or
any other perscjns that shall set on such a worke ; & this plantation to bee
possessed & enioyed by the persons aforesaid, according to the order of Co't
above specified. Dated the 9"^ of the 2^ A, 1642./ NATHANI: DUNCAN, WILLI: PARKS, ISRAELL STOUGHTON, JOHN GLOVER.
The Co't was adiourned to the 14* day of the 4"' A next ensuing./
Thomas Briant, servant to M' Allerton, haveing bene imprisoned near
two months, was discharged from prison w"'out whiping, & sent to M' Moses Maverick, to bee implied for his master./
Crumwells girle, of Newberry, is refered to Ipswich Co't/ 497- This Co% taking into consideration the great neglect in many parents &
masters in training up their children in learning, & labo'^, & other imployments ; ;
THE MASSACHUSETTS BAY IN NEW ENQLAND. w"^ may bee profitable to the common wealth, do hearupon order & decree, that in every towne the chosen men appointed for managing the prudenciall affaires of the same shall hencefourth ^*'''"°*- stand charged yv*'^ the care of the redressc of this evill, so as they shalbee Uable to bee punished or fined for the neglect thereof, upon any ^sentment of the grand iurors, or other informa- tion or complaint in any plantations in this iurisdiction ; & for this end they,
or the greater part of them, shall have power to take accompt from time to
time of their parents & masters, & of their children, conc'ning their calling
& impliment of their children, especiaUity of their ability to read & undestand
the principles of religion and the capital lawes of the country, & to impose
fines upon all those who refuse to render such accompt to them when required
«& they shall have power (w"^ consent of any Court or magisti-ates) to put
fourth apprentice the children of such as shall not be able & fitt to employ
«& bring them up, nor shall take course to dispose of them, *of such as they r*g i
shall find not to bee able & fit to imply & bring them up, nor shall take course
to dispose of them themselues ; & they are to take care that such as are set to
keep cattle bee set to some other impliment w"'all, as spinning up on the rock,
kniting, weveing tape, id ; & that boyes & girles bee not suffered to converse
together, so as may occasion any wanton, dishonest, or imodest behavior ; &
for theii- better pformapce of this trust comitted to them, they may divide the towne amongst them, appointing to every of the said townsmen a certeine
number of families to have speciall ov''sight of; they are also to pvide that a
sufficient quantity of materialls, as hempe, flaxe, ^6, may bee raised in their same severall townes, & tooles & implements j>vided for working out the ; &
for their assistance in this so needfuU & beneficiall impliment, if they meete their owne w* any difficulty or opposition w"'' they cannot well master by power, they may have reco'se to some of the magistrates, who shall take such according to course for their help & incuragment as the occasion shall require,
at the next Co'^t in those limits, after the end iustice ; & the said townsmen, of their pceedings hearin of their yeare, shall give a breife account in writing magistrate a month provided, that they have bene so required by some Co't or continue for two yeares, & tHl the Court shaU at least before ; & this order to
take furth' order./ in any criminall cause against any 498- This Co-^t will not proceed to iudgm' party and party, w*out taking the person, nor in any civill cause between
oathe hearunder written, vizj : — to deUver my vote or The oath, that in all causes wherin I am I do sweare, t<3, in criminall offence, or between parties sentence against any person upon any ludgment & uprightly & iustly, according to my any ci^411 cause, I will deale
VOL. II. ^ 10 THE KECORDS OP THE COLONY OF
skill ability, assist in all publike 16 4 2. conscience ; & I will, according to my &
afiaires of this Co"'t faithfully & truely, according to the duty of my place, 14 June. when I shalbee ^sent to attend the service./
M"" Edward Tinge, being chosen cunstable of Boston, tooke his oath./
499- It is ordered, that the clause in the order 358, for restraint of publike
brewers to sell by grosse, is repealed./
M' Parker, M"^ Glover, & Goodm Bate are appointed a comitte to
settle high wayes at Braintree, not yet set out, & to certify the Co't./
The 4* Day of the 4'" A, 1640./
500- Whereas WLlliam Hathorne, of Salem, & Edw"* Tomlins, of Linn, were Lynn bounds, chosen by the Gen'all Co''t to lay out the length of the bounds of the towne
of Linn, according to the Gov'ts order, of sixe miles from the meeting house,
w''^ accordingly hath bene performed the day & yeare above written, vf'^ wee
signify under o' hands, to extend from Charlestowne bounds to the south end
of the great pond at Linn village, & from thence to the great swamp, adioyning
unto the great pond, and so to run from thence northward to the North River
[toward] Salem bounds, these being the nearest marks by our measure wee
find to state the bounds./ WILLI: HATHOENE, EDWARD TOMLINS.
r*7.] *William Haward is appointed to grant sumons, attachm'^, & replevies in
-w- Howard to Hampton, in the place of Willi : Wakefeild./ g' sumons.
WilH : Haward, John Crosse, & James Davies are appointed to end small businesses in Hampton, under 20sh^/
Hamlins grant James Hamlin is granted 200 acres of ground for the 50* dd M"^ Wareham of ac's. 200 j^, ^^ Walter & James White, M' Adw» Anthony & M" Do : Mogered./
Cap? Wiggen his comission for Pascataq, is extended to Hampton./
Jeffeiy "Wragg. Jefirey Wragge is granted him 20sh' out of the treasury, for his paines &
cai'e in fetching letters fro™ the eastward./
Shawshin. Wee, whose names are underwritten, beiug appointed to veiwe Shawshin,
& to take notice of what fitness it was of for a village, & accordingly to o'
apprehentions make returne to the Co't, wee therefore manifest thus much :
that for the quantity it is sufficient, but for the quality, in o' ap^hensions, no
way fit, the upland being very barren, & very little medow there about, nor
any good timber almost fit for any use. Wee went, after wee came to Shaw-
shin hovse, by estimation, some 14 or 16 miles at the least in compas ; fro" THE MASSACHUSETTS BAY IN NEW ENGLAND
Shawshin house wee began to go do-wne the ryver 4 or 5 miles near east, then wee left that point, & went neere upon north, came to Concord Kyver, a little 14 June. falls, belowe the about one mile or neare ; then wee went up the ryver some 5 miles, untill called wee came to a place the Two Brethren ; & fro™ thence it is about two miles & ^ to Shawshin, & the most p' of all the good land is given out already : more land there is at the south side of the house, between the side of Concord line & the heade of Cambridge line, but littell medow, & the upland of Httle worth ; & this is that wee can say hearin./ SYJMON WILLi^RD, EDW CONVERS.
It is ordered, that for deciding the difference between the 2 villages of Comittee for °^ Chai-lestowne Linn, for accoinodating & & of both according to the intent of l^^'°° 51' ^^"^ Towne the Co't, Cap? Cooke, John Oliver, & Goo : Nathani : Woodward shall villag'. veiwe the place in question, & take the length of Charlestowne, 8 mile line by exact measure, & set do'wne the bounds between the said 2 villages as may bee most convenient for both, & certify this Co'^t of that thej'' shall do hearin./
Vpon petition of M' jphn Glover & other of Dorchester, for improvem' 501— of a supposed mine in Neipnett, about 40 or 50 miles hence, it is ordered, ^^ that they shall have the priviledge granted by a former order, so as they goe effectually on w"* it w*''in one yeare ; & if they shall thinke fit to plant a con- venient number of families there w* may make a village, they shall have such quantity of land & meddow fit for their occation as the place will affoarde, pvided that they bee ready & go effectually about it w*''in 3 yeares next after
village shall such mine shalbee opened ; pvided, also, that such grant of a uot hinder the power of this Co^'t in *ordering & disposeing of any mines [*8.] other-\vise then hath bene already, or hearafter shalbee granted./
Whereas M'^ John Oliver, late of Neweberry, dyed intestate, leaving Order aij'Jn« OliuG's GStfltC behind him a wife, & one onely daughter of the age of about two yeares, & in lands & goods an estate of about 420*, this Co't therefore, upon the petition of Joane Oliver, the wife of the said John, & w"" her consent, hath ordered, that shee, said Joane, her heires & assignes, shall enioy & possess forever the intire & whole estate of lands & goods left by her husband ; in consideration whereof shee shall educate & bring up her said child at her owne pp cost & charges, & at the day of the said childs marriage, consumated -w^^ the consent of her said mother, or when shee shall accomplish the age of 18 yeares, or daughter whether shall first happen, shee, the said Joane, shall give unto her said the sume of one hundred pounds, & one hundred pounds more when shee shall THE EECORDS OP THE COLONY OF
attaine the age of 21 yeares, w* by this Co't is orderea to bee the portion
of the said child, to bee paid as aforesaid ; & for security of the said portion, 14 June. late deceased, is by all the land & house of -f said John Oliver in Newberry,
it is this order ingaged ; & for further secureing the portion of the said child,
ordered, the next Co'^t of Ipswich shall take band of the said Joane Oliver
for the payment thereof, as in this order is pvided./
And the said Joane Oliver hath power granted her to free her servant for
the yeare desired./
M" Winthrops Wee, whose names are under written, beeing appointed by the last Gen''all
Co't to veiwe a pcell of land at the fall of Concord Ryver into Merrimack,
& there to lay out 3000 acres for M" Winthrope, doe hearby certify^that wee,
haveing veiwed the same land, do find it gcn''ally to be ordinary land, not of
the best ; neither did wee see any medowe worth the mentioning there about,
except a pcell on the west side of Concord Ryver, w'^'' wee conceive may bee
some 30 acres ; therefore wee do thinke the Co'^t may, (if they so please,) w"^out
piudice to the coinonwealth, grant the said 3000 acres to the said M" Win-
thrope, there to lye betwixt the said two ryvers, that is to say, upon the east
of Concord Ryver, & the south of Merrimack Rjver, in a iust pportion, so
neare as the land will bear it ; & because wee find the Indians possessed of
severall pcells of land w*''in the said 3000 acres, lying as before is mentioned,
& also finding no medow of any worth there, wee thinke the Co^'t may do
well to add the said thirty acres of medowe thereunto. The Co''t granted
M'= Winthrope her 3000 acres, as is above certified, & further granted her
the 30 acres of medowe./
In the case between Rich^d Sherman & Cap? Keayne, this was ppounded
r*9 1 to vote : Whether the defend' bee found to *have bene possest of the plain-
tiffs sowe, & converted her to his owne use, or not : it was voted by 2
jna'rats & 15 deputies for the plantiffe, & by 7 ma'™" & 8 deputies for the defend', & 7 deputies were newters./
Daniell Fairefeild, being a married pson, upon his owne confession, &
other sufficient proofe, is found by the iudgm' of this Co''t to have had carnall
knowledg of, & so, in a most vile & abominable manner, to have abused the
tender body of Dorcas, the daughter of John Humfrey, Es^, one of y^ then
jna'rats of ^-j^g comon wealth, & that from time to time, from about her age
of 7 yeares to about her age of 9 yeares, & y' hee did also, in a most
uncleane & wicked manner, abuse himselfe upon y° body of Sara Humfry, a THE MASSACHUSETTS B\Y IN NEW ENGLAND. 13 yonger sister of tlie said Dorcas, & that this wickednes was comitted very 16 4 2. often, & most usually by him on the Lords dayes & lecture dayes./ 14 June. The Co''t therefore agreed that this aforenamed Dan : Fairefeild shalbee severely whiped at Boston the next Ljcture day, & have one of his nostriUs slit so Irigh as may -well bee, & then to lee seared, & kept in prison, till hee bee fit to bee sent to Salem, & then to bee \i^hiped againe, & have the other nostrill slit & seared ,• then further hee is confijied to Boston neck, so as if hee bee found at any time dureing his life to go out of Boston neck, that is, beyond the railes toward Roxberry, or beyond the low water marke, hee shalbee put to death
upon due conviction thereof: and hee is also to weare an hempen roape about
his neck, the end of it hanging out two foote at least, & so often as he shalbe
found abroad w*''out it, hee shalbee whiped ; & if hee shall at any time hearafter
attempt to abuse any pson as formerly, hee shall bee put to death, upon due
conviction ; & hee is to pay to M"^ Humfrey forty pounds./
Jenken Davies, for Ids abuseing the forenamed Dorcas, was ordered to bee
severely whiped at Boston on a lecture day, & shalbee returned to prison till
hee may bee sent to Linne, & there to bee severely whiped also, & from
thencefourth shalbee confined to the said to^vne of Linne, so as if hee shall at
any time go fourth of the bounds of the said towne, (w^out licence of this
Co''t,) & shalbee duely convict therof, hee shalbee put to death ; & also hee shall
weare an hempen roape apparently about his neck dureing the pleasvu-e of this
Co'^t, so as if hee bee found to have gone abroad at any time w*out it, hee
shalbee againe whiped ; & furth"', if hee shalbee duely convicted to have
attempted any such wickednes (for av* hee is now sentenced) upon any child
after this fsent day, hee shalbee put to death ; & hee is to pay forty pounds
to M"' Humfrey for abuseing his daughter./
John Hudson, for abuseing the said Dorcas, was ordered to bee severely
whiped at Boston the next lecture day, and shalbee retiu'ned to prison till
hee may bee sent to Salem, & there to bee severely whiped againe ; & hee shall
pay unto M'^ *Humfrey for abuseing his daughter twenty pounds w*''in these [*10.]
two yeares./
Dorcas Humfrey was ordered to bee privately severely corrected by this
Cct, M'' Bellingham & Increase Nowell to see it done./
: : Leif? Duncan, Goo : M"^ Willi : Tynge, Goo : Thorn Line, Goo Heathe,
Cheesbro, M'^ Parker, M' Peck, M'^ Sparhauke, M-^ Ayres, M"^ Noyse, Leif ?
Willard, M'' Allen, Cap? Briges, M-- Batter, W Whipple, Goodm Boyse, M-- Eauson, John Saunders, & Goodm Hayward were appointed a coniittee to
as — levy & j»portion a rate of 800*, w<='' they agreed foUoweth : 14 THE RECOEDS OF THE COLONY OF
164 2. For Waymoth, 14* For Hingham, . . . 20* "- Y For Dorchester, 58 10» For Braintree, . . 14 14 June. For Boston, . . 120 00 For Roxberry, . . 50
. . For Concord, . . 25 00 For Dedham, 20
For Cambridge, 67 10 For Watertowne, . 55
For Salem, . 75 00 For Chaiiestowne, . 60
For Ipswich, . . 82 00 For Linn, . . . 45
. For Salsberry, . . 12 10 For Neweberry, 30
. For Rowley, . . 15 00 For Hampton, . 05
For Meadford, . . 10 00 For Sudberry, . . 15
For Glocester, . . . 06 lOsh' 479 10 320 10 479 10
800 00
w* is agreed to bee paid, halfe the last of the 6"" A next, & the other halfe
the last of the 9"i A next./
Goodfii Stowe is granted 100 acres of land where hee can find it conven-
ient, w"'out ^iudice to any towne, for recompence of his paines in writing the
lawes already, & to write such as are still to bee written./
Associates Those that were formerly associats at Salem & Ipswich are ordered to Ipaw. Cou't. continew till the next Getfall Co't ; & these are to take an oath as other
iudges, & the ma''*'' of Salem Co''t to give them their oathes. See the oath, 495./
Salem Co'^t was ordered to bee adiourned to the 12"* of the 5"" ift./
Hugh Gunni- Hugh Gunnison, haveing set up a cookes shop, is alowed to sell beare to son liberty for his guestes, some at 2* a quart, some at 1* a quart, being alwayes to have small ft cooks shop.
beare for such as desire it./
Jn" Whipple, John "VNTiipple is appointed clarke of the writts, insteed of M' Firman./ Cl'ke of y Mary "Wilbey is abated her fine to shee TTritts at Ips- 40% w* hath a twelue months wich. time to pay./ Wilbey* fined. M'' William M'W"Belling- Bellingham is appointed to see marriages solemnized at ham to marry, Eowely & Neweberry, & to keepe record thereof./ 502- It is ordered, that hee who is to cry things lost shall keepe a booke, Publick cry" wherein hee shall write downe faithfully all such things, w"» the markes, the duty. pties names, & the *dayes of crying it, for y^^ hee shall have 2* Hee is to [*11.J crye at 3 severall times ; & this order is to bee observed in every towne./
503- The order made in the Gen'all Court at Newetowne the 2"^ of the 9"i A, Orde' stating 1637, concerning satisfaction for damages done by great catteU, {6, is repealed; damage done by gt' cattle. & it is now ordered, that in all come feildes, or medowes inclosed in coinon. THE MASSACHUSETTS BAY IN NEW ENGLAND.
or otherwise, every man must secure his corne & medowe ag* great cattell ; & if any damag'e bee done by such cattell, it shallbee borne by him through whose insufficient fence the cattle did enter "^™' ; & if that cannot bee pved, then the damages shalbee ecLually imposed upon every man according to the default of his fence if all the ; & fences bee sufficient, the owner of the cattle must answer the damages./
If the pty damnified find the cattle damage feasant, hee may impound them, or keepe them in his owne private close or y^d, till hee may give notice to the owner if ; they cannot agree, the owner may replevy them, or the other pty may returne them to the owner, & take his remedy as hee shall thinke best according to lawe./
It is ordered, that the owners of the ship Tryall shall have 10 barreUs Poudev & ordi-
of vsefull powder deliv'ed them by M' Eawson, for w'=i' they stand bound to sMp Ti^lu" returne barrels 10 of good newe powder ; & they shall also, upon the returne
of the ship, deliver 10 barrells more of like powder at the same price they
cost first pemiy, so as (if they miscarry in ship board) the country must beare the losse of the said 10 barreUs./
And they are to have 6 peeces of ordnance by Captaine Gibbons appoint- ment, (so as none bee drakes, nor any mounted,) w"'' they are to returne w"* the ship, or to pay for them, if they miscarry./
4'*" Whereas, at the Gen'all Co't the 7"" A, 1639, ||4:36,|| there was pvis- 504- ion made for the recording of severall pticulers, amongst w"*" it is observed that birthcs, deathes, & marriages are much neglected in many townes, —
It is therefore ordered, that hearafter the clarks of the writts in severall Clarke of y« townes shall take especially care to record all biithes deathes of persons in & ^^-^^ deaths * marriages, their townes ; & for every birth & death they so record they ai-e to have alowed them the suine of 3'^, & are to deliver in yearely to the recorder of the
Co''t belonging to the iurisdiction where they live a transcript thereof, to- geather w*"^ so many pence as there are births & deaths recorded, & this under the penalty of 20' for every neglect ; & for time past it is ordered, they shall do their utmost indeavo'^ to find out in their severall townes who hath bene borne, & who hath died, since the first founding of their townes, & to record the same as aforesaid./ Also the ma'™*^ & other persons appointed to marry shall yearely deliver to the recorder of that Co't that is nearest *to the place of their habitation the [*12.] names of such psons as they have married, w"' the dayes, months, & yeares of the same ; & the said recorders are faithfully & carefully to imolle such birthes, deathes, & marriages as shall thus bee comitted to their trust./ ;
16 THE EECORDS OP THE COLONY OF
16 4 2. The cause of TLomas Kinge, about his wife being defiled before max-
^^ "< ' riage, is referred to the next Co''t at Salem, w"' the elders advise certified./ 14 une. that the ^l"" of the 5"^ & should bee kept as a day of j^ ^^^ ordered,^ Tno ; K-ings case, as to his pubHlce humiliation throughout this iurisdiction, in regard of o' owne straites wife, refe'd to o i t • e Salem Court. & the foule siuns broken out amongst us, & the distractions ot o"" native coun- Day of humii- ^ Ireland, Holland, & other pts of Europe./ iation. to small busi- M' Greenieaf, M' Greenleiffe is appointed insteed of M' Woodman end VflT^' nesses in Neweberry./ 505_ It Tvas ordered, that M"^ Rich^d Bellingham & M' Symon Bradstreete M- Beiing. & should go to Pascata^, & keepe a Co't there w"" the comission" there chosen, M' Bradst. to /-. i i ti, keepe Cou't at & they two to bee of the quoram, so as no Court to bee kept w'^out one Pascataqr. ^^ ^^^^^
506- Whereas this Co't is often taken up in hearing & deciding pticuler cases Cases to be between pty & pty, -w"^ more pply belongeth to other inferior Gov'ts, this Co''t
Gen. Court in being onely to help in such cases where the pty can have no releife in any
other Court, it is therefore hearby declared, that all causes between pties
should fij'st bee tryed in some inferio'^ Co''t ; & if the ptie against whom the
iudgm' shall passe shall have any newe evidence or other newe matter to
pleade, hee is to desire a newe triall in the same Co't, upon a bill of reveiwe
& if iustice shall not bee done him upon that tryall, hee may then come to
this Co''t for jreleife./
Whereas it appeareth to this Co't, that, notw*''standing the former lawes
made against selHng guns & powder to the Indians, they are yet supplied by indirect meanes, —
507- It is therefore ordered, that if any pson, after publication of this order,
Pcenaity to sell gjjall sell or barter any guns, powder, bullets, or leade to any pson inhabiting
&c, to Indians, out of this iurisdiction, w^'out licence of this Co''t, or the Co''t of Assistants,
or some two ma'™'', hee shall forfecte for every gun tenn pounds, & for every
pound of powder five pounds, & for every pound of bullets or leade forty
shillings, & pportionably for any greater or lesser quantity. And that this order, & the former against repairing the Indians peeces, & selling guns, pow-
der, ^6, to them shalbee imprinted, & affixed upon every meeting house doore
in this iurisdiction./
508- -All actions of debt & account, & actions of the case concerning debts
and accounts, to bee tryed where the plaintiff pleaseth, so it be in the iurisdic-
tion of that Co't where the plaintiff or defendant dwelleth, vnlesse by consent
[*13.] imder *both their hands it appeareth they would have the cause tryed in any
other Court./ ;
THE MASSACHUSETTS BAY IN NEW ENGLAND. i>j
All other actions to bee tryed w"^in that im-isdiction where the cause of 16 4 2. the action doth arise ; the former order in ' ^ made the Getfall Court concerning v this matter is repealed./ li June.
All the land lying upon Saweshin Ryver, & between that & Concord debt-"* .1 Eyver, & between that Merrimack Ryyer, & not formerly granted by this llf^T Co't, are granted to Cambridge, so as they erect a village there w*in 5 yeares, 509- so as it shall, not extend ®^'''''^'"' & to preiudice Chai-lstowne village, or the vilWe of o •" "'^ grant, „, . . & on con- bochitawit, nor the farmes formerly ^™°- granted to the now Gov^'nor of 1260 &d, to & Thom : Dudley, Esf), 1500 aa, & 3000 a<5 to M-^^ Winthrope ; & M' Flint & M' Stephen Winthrope are to set out their heade line towards Concord./ Tins Co''t, takeing into serious consideration the great danger that this 510- coinon wealth is liable unto by forraigne & domesticke foes, ^y''^ wee have ^^P- iiist cause to conceive wilbee ready, as opportunity and meanes are put into their hands, to practise ag' us, —
And being willing to lay hold on & use all such means as God shall direct Order relating
s''!' pe^ter. us unto, as may tend to the raising & pduseing such materialls amongst our- *»
selues as may pfect the makeing of gunpowder, the instrum'all raeanes that
all nations lay hould on for theire f>servations, (haveing too much neglected
to take due course, w* wee might have done,) do order & decree, that every
plantation w'^'in this colonye shall erect an house in length about twenty or
thii-ty foote, & twenty foote wide, w"'in one halfe yeare next comeing, into -W^
house wee desire & enioyne the offic''s of each millitary company in each
towne to see & cause a sufEcient quantity of earth by their companies or
otherwise yearely to bee carried, & twice in every yeare, or oftner, the earth
from its foundation by them to bee stirred & removed from one end thereof to
the other, from the bottome to the top, mixeing such urine of men & beasts w"" goates, henns, hoggs, & horses dunge, as shalbee by the carefuU & con- scionable members of this corrion wealth brought to bee dispeirst & scattered
amongst the said earth, the company not leaveing of bringing more earth into
the said houses till it shall come w'^'in two foote of the wall plate of the same
and that the said houses bee well covered, their sides & endes so ordered that no wctt may come into them, to the |?iudice thereof; & for the further j)move-
ing of what is above ordered & decreed, wee declare that all such inhabitants of ev''y town as shall cause the urine of their families in some such place to be put & kept, as that it may bee in due time brought and dispeirsed in the said houses, or ot[her] 'outhouses of their owne, w'"' are alike ordered & covered, [*14.] do best discharge their duties, & manifest themselues sencible of the gen^'all danger of this cofnon weale./
VOL. ii. 3 18 THE RECORDS OF THE COLONY OF
is before 16 4 2. The townes are at liberty to make either one such great house as
" ' "f appointedj or div''se smaller houses, according to the numb' of families in the
""^' ., towne, & the different scittuation of them; & it is intended that such psons Ab' salt peeter. ' as are exempt from ordinary trainings, & do not alowe a valewable recom-
pence, & yet are able to affoard help about this designe, shalbee implied therein upon training dayes by the appointment of the millitary offic"./ 5H_ This Court takeing into serious consideration the sev''all deceites & abuses
w"'' in other places have bene & are coiiionly practized by the tann's,
curriers, & workers of leather, as also the abuses & inconveniences vr"^
accrue to the severall members of this comon wealth by leather not sufficiently
tanned, w"'' is occasioned by the negligence & unskillfulnes of those severall
tradesmen, w°'' before & after it is in the hands of the tanner may bee much
eith"' furthered or impayred, for ^vention Avhereof it is decreed & ordered as
foUoweth : — butcher, To prevent de- 1- That no pson usclng or occupiing y* feate or mistery of a ceite in tanmg y'' currier, or shoemaker, by himselfe or any other,' shall use or exercise feate leather. ' ' > J J or mistery of a tanner, on paine of forfeiture of sixe shillings eight pence for
every hide or skin by him or them so tanned, whilst hee or they shall use or
occupie any of the misteries aforesaid ; nor shall any tanner, dureing his useing
y* said trade of tanning, use or occupie the feate or mistery of either butcher,
currier, or shoemaker, by himselfe or any other, upon paine of the like
forfeiture./
2. That no butcher, by himselfe or any other pson, shall gash, slaughter,
or cutt any hide of oxe, bull, steere, or cowe, in slaying thereof, or otherwise,
whereby the same shalbe impaired or hurte, on paine of forfeiture for every
such gash or cutt in any hide or skinn twelue pence./
3. That no pson or psons shall, after the 20"' of the 9"^ & next, bargain,
buy, make any contract for, or bespeake any rough hide of oxe, bull, steere,
or cowe in y* haire, but onely such psons as have & do use & exercise the arte
of tanning./
4. That no pson or psons useing, or w* shall use, y" mistery or faculty
of tanning, shall at any time or times hearafter offer or put to sale any kind of
leather w* shalbee insufficiently or not thoroughly tanned, or w'='^ shall not
then have bene, after the tanning thereof, well & throughly diyed, so that by
the searchers & tiyers of leather lawfully appointed shalbee found to bee
insuiEciently tanned, or not throughly dryed, as aforesaid, then all & every
such pson & psons so offending shall forfeit so much of his or their said
leather as shalbee found insufficiently tanned, or not throughly dryed./ THE MASSACHUSETTS BAY IN NEW l^NGLAND. ]^g
5. That no pson or psons, useing or occupiing tie mistery of tanning, 16 4 2. shall sett their fotts in tann hills, or other places where the woozcs or leather 14 June. which shall be put to taun in the same shall or may take any unkind heats, or shall put any leather into any hott or warme woozes, o:; shall tann any hide with any hott or warme woozes whatsoever, on paine that every person so offending shall forfeit for ev^'y *such oft'ence twentie pounds./ [*15-]
6. That no pson or psons useing or occupiing j^^ mistery or faculty of curriing shall curry any kind of leather, except it bee well & pfectly tanned, or shall curry any hide being not throughly dry after his wett season, in w'='' wett season hee shall not use any stale, urine, or any other deceitful! & subtill mixture, thing, way, or meanes to corrupt or hurt the same ; nor shall curry any leather mcete for utter solo leather w* any other than good stuffe, such as the countrie will affoard, of lessc of th(; nor any that then leather will receive ; nor shall curry any kind of leather, mecte for outer leather & inner soles, but w"^ good & sufficient stuffe, being fresh & not salt, & thoroughly liquored
till it will receive no more ; nor shall burne or skald anj' hide or leather in y* curriing, but shall worke y^ same sufficiently in all pointi; & respects, on paine of forfeiture, for every such offence, or acts done contrary to the true meaning of this order, the full valewe of every such hide marred by his evill workman- ship, w"*^ shalbce iudged by 3 or 4 sufficient & honest cuiriers, or other skilful! psons, on their oath given to them for that end by any -Assistant./
7. That every of the rtigim'^ of this coinon wealth shall appoint & sweare one or two psons of the most lionest & skilful! w^'in their several! towncships, by their discretion, to search & veiwe w"'iri the gicinct of their limitts, as often as they shall thinke goode & neede shalbee, & shall have a marke or seale Spared for that purpose ; & the said searchers, or one of them, shall kecpe the same seale or marke, & w"' the same shall seale & marke such leather as they shall find sufficient, & no other ; & if the said searchers, or any of them, do find any leather sold, or offered to bee sold, or brought to bee searched & sealed, w* shalbee tanned, wrought, converted, or used contrary to the true intent & meaning of this order, it shalbee la-svfuU retaine to the said searchers, or any of them, to seize all such leather, & to the same in their custody untill such time as the same bee tryed by such tryers, & in such manner as shalbee in this order appointed./ order, the officer so 8. Vpon the seisure of any leather by vertue of this honest scizeing the same shall (w'^in three dayes) call to him 4 or 6 men, & ptie, (who shall skilfull in such ware, to veiwe y" same in the ^sence of the upon have timely notice thereof,) & the said psons so chosen shall certify ,
20 THE RECOKDS OP THE COLONY OF
the same 16 4 2. their oathes to the next Co''t, or to two Assistants, the default of
leather, except the ptie shall before submit to their iudgm'./ 14 June. 9. That if any searcher or sealer of leather shall refuse w"' convenient
speed to scale any leather sufficiently tanned, wrought, & used, according to
the true meaning of this order, or do allowe that W='' shalbee insufficient, then
eveiy searcher & sealer of leather shall forfcite for every such offence fourtye
shillings./
10. That the severall fines & forfeitures in this order mentioned shalbee
eq^ually divided into three ptes, & distributed as foUoweth : the one pte to the
[*16.] comon treasur[y of] *the hmitts wherein the offisnce is comitted, another third
pt to the comon treasury of the towneship where such offender inhabiteth, &
the other third pte to the seizer or seizers of such leather as is insufficiently
tanned or curried./
11. Provided, that this order shall not extend to avoyde any former bar- gaine between any tanner & shoe maker, butcher, or currier, or any of them,
concerning the matter of this order./
12 sakor bul- It is Ordered, that Ipswich shall have 12 saker buUetts w"' their guns, lets allowed to , , t r .^ , Ipswich when they send tor them./ Ipswich & M- The busines betweene the towne of Ipswich for M' Rogers & M"' Brad-
streete is referred to the Governo"", Deputy Gov'no"^, Incr : Nowell, M"' Stough- refferd\rr committee. ^q^^ & ]\£r YXvot, to determine with6ut a iury, the towne being to deliver M'
Bradstreete their declaration a month before, & hee to give M' Symonds his
answere 14 dayes after, & neither ptie to alledge at the hearing any other
matter for substance to put the case to a new issue./
Neaponset o M' Treasurer & M"^ Parker are appointed to veiwe Naponset bridge, & to bridge to be -r ^ ^ <• Tejwcd. certiiye the charge thereof./ " 512— It is ordered, that after the end of this Co^'t no petition shalbee received No peticon aff j^ Qen'all Co^'t after the end of the third day of the sitting of the Con./ •' l a I y Z^ day of y Court. It is ordered, that the booke now in Co''t, conteining argum'' against the
standing counsell, shalbee coinended to the elders, who are desired to returns
their iudgm' & advise about the matter therof to the next Co''t./
Dorman o Dearmont Mathewe was ordered to go home to his m', & if hee can pve
his m"^ did beate him, when hee came home w''' order fro™ M"^ Deputy, his m'^
to bee punished ; if not, hee is to recompence his m' for damage done him, &
losse of his time, & his master was willed for this time not to correct him./ ° M'' Saltonstalls petition is referred ^ Incf Nowell & M'' Ting./ fin to Mary o It was ordered the Treasurer should give Mary Joanes five pounds
Jones. • • , 1 . „ against her marriage./ ^ Alt. It was voted, that ryalls of eight should passe at 4° 8"> a peece./ THE MASSACHUSETTS BAY IN NEW ENGLAND. 2I
It was voted by the Co'-t to vindicate the office of the standing counsell, 16 4 2. as it is now ordered, the & psons in whom it is now vested, fro°» all dishono-- & reproach cast upon it or them in M' Saltonstalls booke./ Marmaduke Barton is condemned to slavery, & to bee branded, & to remaine in slavery till the Co'-t take further order about him./ Rich^d Bracket was granted throe pound, to bee paid him of M' Pococks estate, for his charge about Tho : Owen./
It is ordered, that in all tryalls between pty & pty, the iury shall find 515- the matter ^''^• of fact, w"' the damages & costs, according to their evidence, & the judges are to declare the sentence of the lawe upon it, or they may direct the iury to find according to the lawe ; & if there *fall out to bee any matter of [*n.] apparent equity, as upon the forfeiture of an obligation, breach of covenant w'hout damage, or the like, the judges shall determine such matter of equity; this order to continue to the next Gcn^all Co't./
Evci-y towne w">in tliis iurisdictiou shall choose one or two freemen, who Eiecti6. shall mcete at Salem the first fourth day of the second month next, & shall ^^'' "'"P- there consider & agree upon a certaine number of the most able & fit men in this iurisdictiou to bee put to nomination for magistrats at the next Co't of
Elections, & their names are then to bee faithfully certified to the Secretaiy, & no other but those to bee put to vote that Co'^t./
And it is further ordered, that there shalbee no Gen^all Co't held before the Co'-t of Elections, except the Gov''no'" & other of the ma"''''^ shall see iust occasion to call any in the meanc time./
It is ordered, that the Gov''no', ]\I'' Bellingham, & the Secretary, w* the deputies of Boston, shall examine & survey the orders of this last Co'-t, & pfect the same for the publishing, & that the Governo'', w"^ such ma'"-"'' as shalbee ;psent at Boston the next lecture da]^, shall give judgment upon the prisoners, & see execution done, according to the sentence of the Co'-t./ If any man shall unlai\'fully have carnall copulation w"" any -woman child 5l6- Death for adul- under ten yeares ould, liee shall bee put to death, whether it were w"" or w'^'out the glrles consent./
If an)' man shall foi-ciblely & w'^'out consent ravish any mayde or woman 517- that is lawfully married or contracted, hee shalbee put to deathe./
If any man shall ravish any mayde or single woman, coiiiitting carnall 518- copulation \^'"' her by force, against her will, that is above the age of ten yeares, hee shall bee either punished w*"" death or with some other greivous punishm', according to circumstances, at the discretion of the iudges ; & this law to continue till the Co'-t take further order./
If any man shall comit fornication w"* any single woman, they shall bee 519- 22 THE RECORDS OF THE COLONY OP
16 4 2. punished, either by enioyning to marriage, or fine, or corporall punishin*, or
all or any of these, as the iudges shall appoint, most agreeablie to the -word ; 14 June. and this order to continue till fui-ther order bee taken in it./
"^0~ If any man shall breake up or robb any dwelling house on the Lords
day, when the inhabitants are gone to the worship of God, or coinit burglary
upon any other day, or by night, or shall rob any pson on the way or open
feilds, or shall steale any other goods left abroad, or in the house, shall bee
severely punished, according to the nature of the offence, & the severall aggra-
vations thei-eof, as y* iudges shall appoint ; this lawe to stand in force till the
Gen'all Co''t doth alter it./
[*18.] *It is ordered, that such lawes as make any offence to bee capitall shall
fourthw"^ bee imprinted & published, of w'^'' lawes the Secretary is to send a
coppey to the printer, when it hath bene examined by the Gov''nor or M'' Bel-
lingha™ w"' himselfe, & the Treasurer to pay for printing of them./
[For the list of persons made free the 18th of May, 1642, see the end of the Tolume.]
The busines between John Humfrey, Es^, & John Holgrave is refen-ed
to M' Downing, M' Sharpe, & M' Holioke, to heare & determine./
[*19.] *^ Gen'all Court, at Boston, the 8^ of the 7" M", @ 1642. 8 September.
P''SENT, The Gov'no', M' Bradstreete,
The Deputy Go :, M' Stoughton, M'' Dudley, M' FUnte, M"^ Bellingham, M' Incr : Nowell ; M"" Saltonstall,
Deputies,
t Leif Haward, M' Natha : Sparhauke,
Sam: Winsley, Ca : Willi ; Jeanison,
M'' Edw* Eawson, El : Edw'' Howe,
: Maximi Jewet, Wal : Hayne,
Franc Parrot, Thorn : Brooke,
M'^ : Sam Simonds, Hen : Chick''ing, John Whipple, M-- Edw-J Allen,
Geo : Norton, who dyed at Co't,
Willi : Hauthorn, M' Cap : Ed : Gibons, M' Edm" Batter, M' WilK : Tynge, M' Edwi HoUioke, John Johnson,
Ca : : Ro Sedgwick, Willi : Heathe,
M-^ Era : WiUoughby, M"^ Jn° Glover,
Ca : Geo : Cooke, Leif: Na: Duncan, THE MASSACHUSETTS BAY IN NEW ENGLAND.
Willi Cheesbrough, : M' Joseph Peck,
Sam : Basse, Edm° Hubbard, M-- Jam : Parker, Edw* Colcot.
WilH : ToTy,
CAPT : GIBBENS was appointed to gratify the Indians w=''.Avere implied by us, being sent to Passaconnaway. M' Saltonstall & M' Bradstreete were desired to gratify him -vvhom they implied./
Eich''d White, for his disobedience & miscarriage in refusing to watch, was coinitted to prison till further co'se bee taken. It was after referred to the Quarter Co''te./
An order was sent to Leif t Greenleefe, or in his absence to M'' Wood- man, for sending home the Indian woman & child from Newberiy, & to send to Passaconnaway for satisfaction./
Also, Sergent John Leveret & Sergent Edw' Hutchinson were sent to
Meantonomo w"' certeine instructions to demaund satisfaction of him : —
1. First, to tell them of the credible information wee have received from diverse (ptly by the relation of the Indians themselues) that they have drawne in many oth'' sachims to ioyne w*'' the Naragansets in makeing warr upon the English./
2. That wee have heard that Meantonomo intends to possesse himselfe of the Pecoits & their country, & to make his sonne sachim thereof./
3. That hee hath drawen the Indians of Long Hand, Block Hand, & other pts thereabouts, being under the ptectiou of the English, to pay him tribute./
4. That hee doth keepe divers Pecoits w* are run away from us, or at least doth countenance & alow the Niantick sachim so to doe./
5. That these are all breaches of the league & covenant hee hath made w"' us, & contrary to his pmise./
6. To acquint him, that one Mischeweese, an Indian about P'vidence, did lately attempt by force to ravish the mfe of one Nicho : Woode, of Dor- chester, & to desire that hee may bee sent to us to bee punished, not w"' death, but some other punishm'./
to bee sent us./ So for Willi :, lately the Governo"^ his servant, run away,
1. To take his severall answers to all these./ desired 8. Upon his answers then to signify to jMeantonomah, that it is excuse himselfe hee hee would come speake w*"^ C Gov'"no'' ; if hee refuse, & cannot come, then to send two of his chcife councello's to give us further sat- isfaction hearin, & that w"'ln 7 dayes./
9. To undertake for their safe comeing & returning./ 24 THE KECOEDS OP THE COLONY OP
16 4 2. 10. If they give yo" occasion, (& not else,) yo" are to informe them of
" ' "< o' true intent in disarming the Indians neare us, & that wee meane to render
them their armes againe when wee are satisfied of their innocensy, & that
what was done to Passaconnaway his sonne, ^(3, was through his owne pvoca-
tion, & not by any order from us, (for wee intended onely to speake w"" him,)
& that wee have given order to have his sc[ua & papoose to bee sent whom to
him againe./
11. If hee will not pmise to come or send to us, then to tell them, that
if they have so little regard to keepe their pmise to us, wee have iust cause to
account o^'selues free fro™ o' covenant w"" them, as those that are false to us, &
regard not our freindship nor their owne pmise./
12. Yo° are to let them know, that wee account the English at Plimoth,
Conectecot, Newhaven, & other pts of the country that ajre in flfreindship w"*
us, as all one w"" o''selues./
[*20.] The Co^ haveing good evidence of yo' wisdoms & fidelity, *have coinited
this weighty busines unto yo", & for yo'' better help in the way thither & con-
verse w"" them, have pcured Benedick Arnold & Ahauton the Indian to serve yo" as guides & interpreters, & so coinend yo" to the most wise & gracious
direction, & ptection, & bless^ of the Lord God Almighty, p Cur. I. N., Sec./
M' Wan'. M' Wannerton had directions as followeth : —
The Gen^all Co't, houlden at Boston, the 8* of the 7* ifi, 1642, (upon
credible information of a gen'all & bloody designe of the Indians against all
the English in this country, & of great supply of powder & guns, w* they
have from some of the English in the easterne pts, w"**, liveing alone & under
no gov^'nm*, cannot, by any ordinary way of iustice, bee punished or re-
strained,) have given power & coinission to yo" to make seisure of all such
powder as yo" shall find in the possession of any such psons whom yo" shall
find (by such pofe as yo" may avouch) to have traded any powder (directly or
indirectly) to any Indian, (leaveing them onely so much as may bee sufficient for their owne necessary use,) for w"'^ this shalbee yo' sufficient warrant, p Cur. I. N., Sec./
Also, letters to bee written to the Gov^'no's of other iurisdictions to ]3>vent
the selling of powder to the Indians./
Upon the frequent complaint of neglect of millitary service «&: contempt
of authority in y« hand of such comaund''s & officers, —
Its ordered, that if any pson shall refuse or neglect to obey y* lawi^uU
comaund of any millitary comaunder or officer in any publick service, vid, as
watching, warding, trayning, marching, or any other service of like kind. THE MASSACHUSETTS BAY IN NEW ENGLAND. whatsoever hee can alleadge to the contrary, it shalbee lawful! for two of y« cheife officers of ev^ company to punish any such pson according to his desert, by fine not exceeding 20% or by bilboes, stocks, or such like corporall punishm' as is usuall among souldiers, or to comit Mm to the cunstable, to bee sent to the next magistrate, who shall bind him over to the next Co't, if hee see cause./
Its further ordered, that for an equall co"^se to bee held in watches, every pson not exempted from watching by former order of Co't, whether fisher- man, ship carpenter, w<^'i or others are exempted from training, shall, not- wf'standing, M-atch as oth" doe, or j)vide a sufficient man in his roome ; this order to bee in force till the next Gen^'all Court of Elections./
This Co't, considering the continuall dangers the inhabitants of each 521- towne in this iurisdiction are in, by the plots & conspiracies of the heathen amongst us, knowing it is expected that the severall townes of this iurisdic- tion bee so advised & directed by this Co''t, as that they may not bee ignorant what to do in times of assault, have thought meete \9 require each inhabitant to take notice of these following directions : —
1. That in each towne in this iurisdiction it shalbee lawfuU for the comaunders of each company at any alarum to call their companies together,
& set them in offencive & defencive wayes, as there is occasion, against the enemy, according to their best wisdome, if direction bee not given by the counsell of warr in every towne./
2. That an alarum in times of danger shalbee accounted by being
pformed any of these wayes by any inhabitant, vid : by distinctly discharging three muskets, or a continued beate of the drum in the night, or fireing the beacon, or sending a messenger to the adiacent townes, *or discharging a peece [*21.] of ordnance in the night time ; & every trained souldier is to take the alarum imediately, on paine of five pound./
3. That every towne pvide a sufficient place for retreat for their wives
& children to repaire to, as likewise to keepe safe the ainunition thereof./
4. That the comaunders of each towne, on certeine intelligence, by an
alarum, of an enemy at any one toAvne, the three next thcrunto shall, by a
sufficient company by each towne added, repaire to the same towne where the
enemy is first placed/
5. That every smith in this iurisdiction, laying aside all other busines, townes, do w*"" all speed attend the repaii-ing of the ammunition of the severaU
for it./ fitting them for any suddaine occasion, & shall receive country pay
6. That all watches throughout this countrey bee set at sune set, at the
VOL. II. 4 26 THE RECORDS OF THE COLONY OF
16 4 2. beate of the druin, & not bee discharged till the beate of the drum at sunne
' ' ' riseing./
" j^__ This Co'"te, takeiiig into serious consid'ation the ^sent danger of each plantation by the despate plots & conspiracies of the heathen, as also that they
might bee furnished w'*' such store of powder as may Jp'vent any suddaine
invation, have thought meete to appoint John Johnson, of Roxberry, the
gen'all surveyor of the armes, on the demaund of any sufficient inhabitant of
each towne, to deliv"^ the severall pportions of powder w"^*" in their warrant
from the Gen''all Co''t shalbee mentioned, according as is hearunder written &
agreed upon, pvided the said inhabitant doth under his hand acknowledg the
receit thereof, & securely keepe the same, not delivering any pte thereof out
of the said store w*''out ^sent necessity requiring, & then on such good satis-
faction as may most likely purchase powder againe ; & if it bee not in such
service used, the same to take into his possession againe, or such a full store
of fresh powder in weight equalizing y' w"^*" was deliv''ed in place ; and that the severall townes w* have already had delivered any powder out of the
countryes store, & w'^'' exceeds their pportions hearunder mentioned, shall,
w'Mn one month, deliver the surplus of such powder in their hands, w"' suffi-
cient pay, unto the said John Johnson, for that w'^'' is delivered out, that so the country store may bee renewed against times of danger, & that the deputy
of each towne, at the Gen""all Co''t of Election, from time to time shall certify
the Co''t of the case & condition of their said townes store of powder./
The names of the townes & the ^portions thereof are, —
Hampton, 1 barrell. Sudberry, 1 barrell. Salsberry, 1 Concord, 1 Newberry, 1 Dorchester, 2
Rowley, 1 Eoxberry, 1 Ipswich, 4 Braintree, 1 Salem, 4 Waymoth, 2 Glocester, 1 Hingham, 1 Linn, 1 Boston, 2 Charlstowne, 2 Memorandu : That Hampton & Newberry had
Cambridge, 1 each of them a barrell before, v/''^ they are to alow
Watertowne, 1 for, brides the barrell w'='' is now alowed to each Dedham, 1 of them by this order./
[*22.] *Watertowne hath 12 months liberty to pay for the two barrells of gun- powder./ 523- Willi: Arnold, Rob: Coale, Willi: Carpenter, & Bened: Arnold, his company, upon their petition, were taken under o'' government & ptection./ —
THE MASSACHUSETTS BAY IN NEW ENGLAND. 27
Willi: Arnold, Robert Coale, Benedict Arnold, & Willi: Carpenter is 1G42.
to see to keepe ^- ' the peace in their lands./ y The Secretary, the Treasurer, ^^^"^^^^^^ & John Johnson are appointed to take account of M'' Harvards ainuuition supplied to the countrey./ The traders are to give account of the wampam./ It Avas appointed thanks should be returned to M' Willobie, M"- Haugh- ton, & M"^ Androws, w"' oth", for their kindnes./ Willi: Cap? Traske, for neglecting the execution of his warrant, was admonished & fined five pounds./ The towne of Cambridg, for neglecting their powder, is fined fouity
shillings. The bushell of apples was paid in./
M' RoVt Saltonstalls rate, w* hee is to pay for his broth'', is respited till the next session./
Glocester is to have ten muskets of the countries lent y™./
For the ministers ppounded to bee sent to Virginea, it was voted, that if
the churches will consent to have them go, the ma'"'''" should coiiiend them to the government there./
The Secretary, the Treasurer, & Capt Gibbens were appointed to give Eefered to
directions to Capt Stoughton about the goods w<=^ Capl Sedgwick brought to^u IfternSd over, that the whole 520* principle bee retui-ned to pcure a new supply
therew*''. Repealed./
The Court is adioumed to the 27"^ of this ^sent &./ Adioii.
Ipswich Court is adiourned for 14 dayes./
The Court desired, if the churches thought meete, to have a day of
humiliation kept the 22* ^sent./
2T'\ 27 September.
It was referred to the Treasurer & Cap? Gibbens to gratify Meantonomo M' Jn» Clarke,
tobacco, a coate, Ahauton for his . w"* a coato & some & Cutshamache & ^^ ^^j ^^^^ iomeyes to sivc him satisfaction, & also to satisfy Benedick Arnold./ ^'"' '^^'"^^ '"'
Also, Passaconway to have satisfaction./ Rauson, M' 30' Coiiec- And for John Dover to have alowed him for his iorney to coicot.
tecot./
It was ordered, that all the Indians armes should bee restored to them
againe./
It was ordered, that, for the payment of the rate, (w"*^ is to bee paid the nynth month,) wheate & barley shall passe at 4sh= the bushell, rye & pease at
3' 4'' the bushell, Indian corne at 2' 6* the bushell, in these at these prices ; or in beaver, money, or wampam pay is to bee made./ :
28 THE KECOKDS OF THE COLONY OP
16 4 2. It was ordered, that the 80* pfit of the 520* in Cap? Sedgwicks hands
should bee paid, halfe to M' Dunster for the coUedge, & the other halfe to Cap? Sedgwick./
It is ordered, that every man shall pay ten shill^^ before his cause bee
entered, unlesse the Co''t see cause to admit any in forma pauperis./
525_ It is ordered, that Boston small Co'"t shall have power to end any cause under 100*, as Salem & Ipswich have./
M' Clarke is appointed in M' Eawsons place to end small causes at Newberry./
r*23.1 *Ensigne Cakebread is appointed to lead the company at Sudberry as ensigne./
M' Stephen Winthrope hath liberty to go for England./
M'' Ealph Wheelock is appointed in M' Edw'^ Aliens place to end small
causes at Dedham, & to bee clarke of the ritts./
Woobome. Charlestowne village is called "Wooborne./
M'' Bellingham, M'^ Saltonstall, M"' Sytnons, M' Hauthome, Cap? Jeani-
son, Goodm Johnson, & Goodm Heath are appointed a committe to consider
(whether in tryall of causes to retaine or dismise iuries) against the Co^'t of
Elections./ M' Treasurer, M' Parker, Leif! Duncan, M' Glover, & Goodfn Cheesbro,
these, or any three of them, are appointed a coinitte to veiw & seeke out a
convenient place for the high way & fferry at Dorchester, & certify the next Con./
It is ordered, that the high way from the written tree to Winnetsemet
should bee alowed through M' Keaynes & M"^ Newgates ground till the
other way bee mended, & the gates made convenient or left open for men
to passe./
M"" Hauthome is dismissed from any attendance about the booke for w"*
hee was formerly CLuestioned./
It is ordered, the ma'"**' should send to demaund all the tribute dewe to us every where./
John Bridge is appointed insteed of M' AUen, deceased, for to lay Cap?
Jeanisons land out./
Eleazar Lusher is appointed insteed of M' Allen, for to lay out Samu
Greens farme./
526- It is ordered, that every Co^ should have a coppey of the lawes at the publique charge./
527- For the better direction of the watch & alarums in this iurisdiction, for Mil. greatest safety of the severall townes, and whole countrye, it is ordered, firstj THE MASSACHUSETTS BAY IN NEW ENGLAND.
that besides the country alarum there shalbee an alarum for each severall towne, in this manner: One musket discharged shalbee an alarum to all the sentinels at the severall quarters of each ^^ ^'P*'^'"''"- towne, who shall answere the said alarum, not by shooting of any more peaces, but by going to & awakening the sev'all houses w">in their quarf^s by crying, Arme ! arme ! Thus the towne
being raised, if danger appear, it shalbee in the discretion of the cheife offices
either to strengthen their sev-'all quarters as they shall see occasion, or else to give an alarum to the whole country. It is left to the discretion of the cheife officers of every towne to appoint the most convenient quarters or randevous where to set sentinels or Co''ts of garde./
It is ordered, that all the ^sent inhabitants of Pascataq. who formerly 528_ were free there shall have liberty of fj-cemen in their severall townes to man- Pasqiiscataq'. age all their towne affairs, & shall each towne send a deputy to the Gen'all Court, though they bee not at ^sent church members./
This Co'^t, consid"'ing the oft occasions wee have of trading *w"' the Hoi- 529- landers at the Dutch plantation & otherwise, do therefore order, that the Hoi- [*24.] land ducatour, worth 3 gilders, shalbee currant at 6' in all paymt' w'Mn o"'
iurisdictlon, & the rix doUer, being 2^ gild's, shalbee likewise currant at 5%
& the ryall of 8 shalbee also currant at 5'./
It is ordered, that all vessels of caske used for any liquor, fish, or other 529-
coinodities to bee put to sale shalbee of London assize, & that fit psons shalbee '^<">P^'^-
appointed from time to time, in places needfull, to gage all such vessels or
caske ; & such as shall bee found of due sise shalbee marked w**" the gagers
4'^ marke, & no other ; & hee shall have for his paines for everj'- tun, & so
pportionablely ; & it is ordered, that M"^ Willi : Aspinwall, M'^ Venn"', &
Thorn : Boarman shalbee gagers of caske for this yeare, & till other bee
chosen in their roome. The gagers m'ke shalbee G./
The townes men in every towne shall take order that ev''y house, or some 530— ^"' two or more houses to ioyne together for the breeding of salt peeter in some
out house used for poultry, or the hkc, & to give them direction about the
same, according to the former order of Co't, w* order is hearby repealed,
save onely to bee made use of for direction of families in their sev'all houses appointed by this order ; & every towne w'^'' shall neglect the execution of this order before the last of the first month next, shall forfeit 20' ; & ev'y family so appointed that shall faile therein shall forfeit for ev'^y month so fail- ing 12'^ & to let them know that such peeter as shalbee raised by this meanes shalbee to the publique use ; but the owners shall have a due price for the same./
Boston, Serg' Leveret; Chai'lstowne, Thorn: Peirce ; Cambrig, Sef :
30 THE RECORDS OF THE COLONY OF
; Concord, Geo: Foulej Sudbury, Ensi: French J "Waterto-wne, S-'g' Beeres
Cakebreadj Dedha, S'g' Philips; Eoxberry, Serg' Hewes ; Dorchesf, S'g*
Clape; Braintree, Martin Saund's ; Waymoth, Eob-^t Martin; Hingham,
Bozoon Allen ; Lin, S'g* Tomlins ; Salem, M'^ Garford ; Ipswich, Edm :
Goodner; Eowley, Jos: Jewet ; Newberry, M' Greenliffe; Salsberry, S^g' Willi Chalice ; Hampton, Will : Esto ; Gloster, M"^ Bruen ; Northam,
Pomfret./
These to have the charge of looking to this order, & to have halfe the
forfeitures of the sev'aU families for their labo'', & the other halfe to bee
bestowed for furthering the worke./
531- Whereas, by order of Co-'t in the 7* Si, 1636, there was appointed & CoU. named six ma'""'^ & six eld"^s to order the colledge at Cambridge, of W^ twelue
some are removed out of this iurisdiction, —
College over- It is therefore ordered, that the Governo"^ & Deputy for the time being, Beeru. & all the ma''^=''' of this iurisdiction, together with the teaching eld''s of the
sixe next adioyning townes, that is, Cambridge, Watertowne, Charlestowne, Boston, Roxberrj', & Dorchester, & the ^sident of the colledge for the time
being, shall have from time to time full power & authority to make & establish
all such ord''s, statutes, & constitutions as they shall see necessary for the
instituting, guiding, & furthering of the said colledge & the sev'^all memVs
[*25.] thereof from time to time in piety, morality, & learning ; "as also that they
shall have full power to dispose, order, & manage, to the use & behoofe of the
said colledge & members thereof, all gifts, legacies, beq^ueathalls, revenues,
lands, & donations, as either have bene, are, or shalbee conferred, bestowed,
or any wayes shall fall to the said colledge ; & whereas it may come to passe
y* many of the said ma'"''^ & eld''s may bee absent, or otherwise implied in
weighty affaires, when the said colledge neede their gisent helpe, councell, &
authority, therefore it is ordered, that y^ greater number of the said magis-
trates, eld''s, & president shall have the power of the whole ; provided, also,
that if any constitution, order, or orders shalbee made that is found hurtfull
to the said colledge, or the members thereof, or to the weale pubUke, that
then, upon the appeale of the partie or parties aggrieved to the said overseers,
that they shall repeale the said order or ord''s at their next meeting, or stand
accountable thereof to the next Gen'all Co't./
It is ordered, that 200* shalbee aded to the form'' rate or seasment, at-
cording to the former pportion./
532- It is ordered, that the marshalls stipend shalbee abated henceforward to Harsh. 10* p @, & his fees according to order./ '
THE MxiSSACHUSETTS BAY IN NEW ENGLAND. 31
The Governor Dudley, Bellingham, W W & Incr : No-«-ell are desired 1 G 4 2. to consider of doodin Morrels petition./ r—
Shermans petition is ^^ ^^P'^'"*'"" granted to bee refered to a committe, according to order in that case pvided, if hee desire it./
It is ordered, that the associats at Pascataque shall have power to try any cause under 20*, though no other bee sent to them./ Willi: Hilton, Willi: Wald^n, Edwa: Colcote have authority to end differences under 20sh^/
M' Francis Williams is ioyned an associate at Pascataq,./ Willi: Wilson his stipend is abated to 10* henceforward p @, & his 533_ ffees./ K.eep.
W Pinchen is appointed to pay according to the order for the beaver trade./
The coiiiitte to meete at Salem is to meete the first third day of the first Elect, month, to cousid"^ of new ma'™'^/
It was ordered, that M"^ Stoughton shall have two demiculveren, to bring Aimes lent, back drakes for them, or returne them./
The surveyar gen''all of the armes of the country shall have power to sell 534- any of the country armes for an equall price, either in corne or other country *^''-
pay, & to pvide armes againe therew"" so soone as may bee, so hee sell them
not oiit of this iurisdiction./
All psons exempt from training, who yet are to find arms & are able 535-
to use them, shall appear w**" their compleat arms before the millitary
comaunders twice in the yeare to bee exercised, except ma*^*^, elders of churches, phisitians, scholers, & surgeons./ The magistrates in & neare Boston, w* the deputies of Boston, Charles-
towne, Cambridg, Watertowne, Koxberry, Dorchester, or the greater part of
them, are appointed to bee a coiiiitte to treate w"^ any coinission" from Plimoth, Coiiectecot, or Newe Haven, about the union, & concerning avoyd-
ing any danger of the Indians, & to have power to do hearin. what they shall
find needfull for comon safety & peace, so as they enter not into an offencive
warr w^'out order of tliis Courte./
*The order for ^venting the sale of insufficient leather, ^, shalbee ex- [*26.]
tended to leather wrought into shewes or bootes as well as unwrought leather, 536- & searchers are to bee chosen by the severall townes, & ^seated to some
magistrate to bee swome to the due execution of the trust comltted to them./
The stock of 520* in Cap? Sedgwicks hands is ordered to bee delivered
to Cap? Stoughton, to bee implied by him for the countrey in such coinodities
as hee shall thinke most needfull./ • '
32 THE RECORDS OF THE COLONY OF
16 4 2. It was ordered, that the house, land, & goods of John Edwards should
^' ^ bee Haxman Garrets & his helres, according to appraisem./ 27 September. (.„-._ The tenants of the ferry fro" Boston to Winnetsemet are remitted all
the former rent, & 40sh' p @ is remitted for time to come, onely they are to passe the ma'"*'^ & deputies freely, in the countryes service./
M'' "Willi : Paine undertooke to answere the action of Hen : Cosga./
George Millard, upon the petition of his m''. Cap : Bridges, is sett free./
It was ordered, that M"^ Mav'^rick should pay ^sently in 30* of his fine, &
have sixe months for the other 30*, & all to bee payd in good marchantable
paym', according to the last order./
It was ordered, that the elders should bee desired to take the case of the
. inhabitants of Strawberry Banck into their consideration, & affoard their help
for pviding a minister for them./
538— The inhabitants of Northam, upon their petition, are granted the liberty
Northampeti- .^^ch other townes have ,• & M-^ Samu: Dudley, M' Wi : Paine, M' "Winslow, •' ' ' con ans"*. & Mathew Boyse are to settle their limitts./
Wee thinke wee are bound to defend their right, according to o' agreem'
w*!* M"^ Whiting & his company, so as nothing bee done to the f>iudice of M' Whiteing & comp% tiU the matter bee decided./
They shall have a barrell of powder, delivering dry fish for it at Boston,
by agreement w"" the surveyar generall./
The difference between this Co""t & M' Whiting w"' his comp"- is comitted
to 3 or 4 of the ma*"''''^ about Boston, to take some co''se for the spedy deter-
mineing of it, as they shall thinke fitt./
M' Rob''t SaltonstaUs & M' Hoffs petitions are not granted, because no
warrant is found for the disbursm* of it, nor proofe of the receit of pticulers
for the country./
The petition for M' Wheelright, if hee himselfe petition the Co''t at
Boston, they shall have power to graunt him safe conduct./
13: 8 M\
It was ordered by the comitte assembled, that the watches should bee layd downe./
M' BeUingham, Cap? Cooke, & Leif t Duncan were appointed to go to
Newe Plimoth to settle the busines about M' Androws his 500*, to take band, seale their discharge, & take their discharge for M' Androws./ THE MASSACHUSETTS BAY IN NEW ENGLAND. 33
*A Generall Court of Elections, held at Boston, the iO« Day of the 16 4 3 3'* M", @ 1643. 10 May. P^SENT, M'' Gove^'no', M' Bradstreete, [*27.] M' Deputy Go :, M' Flinte, M.' Dudley, M'' Symonds, M' Bellingham, M-^ Hibbens ;
Incr : Nowell,
Deputies, Henry Chick''mg, Willi : Carpenter, Edmond Eice, Edward Holyoke,
Thom : Brooks, Edward Tomlins, Edward Howe, Willi : Hauthorne,
Thom : Mayhewe, Edmond Batter, George Cooke, Wmi : Hubberd,
Nathani : Sparhauke, Joseph Medcalfe, Edward Gibons, Mathew Boyes,
Willi : Tynge, Maximi: Jewet, Eobert Sedgwick, John Clarke, Rich'd Russell, Edward Woodman, Hugh Prichard, Willi : Haward, John Glover, Edward Johnson, Humfrey Atherton, George Norton,
Samu : Basse, Willi : Hooke, Stephen Kingsley, Christo : Batte, Bozoon Allen, Edward Starbuck, Josua Hubberd, James Parker,
Willi : Tory, Joseph Weld.
JOHN WINTHROPE, Es$), was chosen Governed & tooke his oath to that place apperteining.
John Endecot, Es^, was chosen Deputy Gov^'no', & tooke his oath.
Thom : Dudley, Es^, was chosen an Assistant, & tooke his oatL
Rich^'d Bellingham, Es(j', was chosen an Assistant, & tooke his oatL
Rich : Saltonstall, Es^, was chosen an Assistant.
M'' John Winthi'ope, Junior, vras chosen an Assistant.
Increase Nowell is chosen an Assistant, & tooke his oathe.
M"^ Symon Bradstreete is chosen an Assistant, & tooke his oathe.
M' Israeli Stoughton is chosen an Assistant.
M' Thom : Flint is chosen an Assistant, & tooke his oath.
M' Willi : Pinchen is chosen an Assistant.
M'' Samu : Symons is chosen an Assistant, & tooke his oathe.
M' Willi : Hibbens is chosen an Assistant, & tooke his oathe.
VOL. II. 5 34 THE RECORDS OF THE COLONY OP
Treasurer. 16 4 3. M' Willi : Tynge is chosen -"""^ M' Symon Eyres, Cap? Jeanison, & Hugh Mason, & John Sherman till 10 May. Cap! Jeanison come, are appointed to end small causes in "Watertowne und' 20'.
Whereas it hath pleased the Lord, who, of his free grace & mercy, hath
fro™ time to time taken the care of & pvided for the safety & good of his poore churches & people hear in Newe England, so to move the harts of the honorable House of Coinons in England as they have bene pleased to make a
speciaU order in o' favo"", for acknowledgm' of our humble thankfulnes, &
]pserving a gratefuU remembrance of the hon^able respect fro" that high co''t,
it is ordered, that the said order, being sent to us under the hand of the
clarke of the said hono''able House of Comons, shalbee entered among o' pub-
lique records, to remaine there to posterity.
Veneris x° Martij, 1642.
539_ Whereas the plantations in Newe England have, by the blessinge of
^ Almighty God, had good & prosperous successe, •w"'out any publique change to
this state, & are now likely to pve very happy for the ppagation of the gospell
in those parts, & very beneficiall «& comodious to this kingdome & nation, the Coinons, now assembled in Parliam', do, for the better advancement of those
plantations & the incuragm' of the planters to pceede in their undertaking,
ordaine, that all marchandizes goods that by any marchant or other pson or per-
sons whatsoever shalbee exported out of this kingdome of England into Newe
England, to bee spent, used, or imply*d there, or, being of the growth of that
kingdome, shalbee fro™ thence imported hither, or shalbee laden or put on board
in any ship or vessell for necessaiyes in passing & returning too & fro ; and
all and ev''y the owner or owners thereof shalbee freed & dischpjged of & from *" pajdng & yeelding any custome, subsedy, taxac6n, imposition, or other dutye for
the same, either inward or outward, either in this kingdom or Newe England,
or in any port, haven, creeke, or other place whatsoever, untill the House of
Comons shall take furth' order therein to the contrary ; and all & singuler
customers, farm's, & collecto''s of customs, subsedies, & imposts, & other
ofEc''s, ministers, & subiects whatsoever, are hereby required & enioyned, that
they & every of them, upon the showing fourth unto them this order, or a true coppye thereof, under the hand of the clarke of the House of Comons,
w^out any oth' writ or warrant whatsoever, do make full, whole, & entyre &
due alowance & clear discharg unto the said owners of the said goods & mar-
f*28.] chandizes, their facto's, servants, & *agents, according to the tenour & true meaning of this order.
H: ELSYNG, Clef Pari. D. Cofli. THE MASSACHUSETTS BAY IN NEW ENGLAND. 35
Edward Bate, "Willi Tory, : & Nicho : Philips are appointed to end small businesses under 20' at Waymotli.
Willi Perkins is M' : appointed clarke of the -writts at WaymotL Basse, Samu : James Penniman, & Alexand' "Winchester are appointed to end small businesses at Braintree under 20sh'. John Saunders, M"^ Samu : Dudley, & Christo : Batte are appointed to end small businesses at Salsbury under 20sh'.
Obedi : Brewen is appointed clarke of the -vmts at Glocester.
M' Willi : Stevens, Obedi : Brewen, & George Norton are appointed to end small causes at Glocester under 20sh°.
M'' Willi : Hauthome is appointed to record sales & mortgages in the absence of M'' Downeing, & till M' Downing retume.
M' Peter Noyse, Edmond Goodenow, & John Bent are appointed to end small businesses under 20sh' at Sudberry.
Edward Converse, John Mousall, & Ezechi : Richardson are appointed to end small businesses under 20^ at Wooborne.
Edward Johnson is appointed clarke of the writs at Wooborne.
It is ordered, that after the last of the 3"' ifi, till the end of the G** A, it
shall bee lawfull to fish ground with cod & basse, notw*''standing the former
order.
M' Willi : Hauthorne & M"^ Edward Holyoke are appointed to assist in the Co'^ts at Salem.
Those w"'' were to assist at Ipswich Co't are to assist still.
M'^ Saltonstall had leave to depart because of his wife's ilnea.
The Gov'^no', M"^ Dudley, M' Bradstreete, M' Treasurer, Cap? Gibons, &
M"" Hauthorne are chosen to treat w* o' freinds of Conectecot, New Haven, & Plimoth about a confederacy between us. M' Humfrey Atherton & M' Edward Tomllns are appointed to go w*^ Warner, Rich'd Water- Goo : Willi : Arnold to speake w* M' Greene, M' & man, & the rest there, & to understand how things, according to instructions
to bee given them in writing, & to get & bring Will, the Indian, if they can.
It is ordered, that the agreem' between Iswich & Salem bee recorded.
The 27"^ of the First Month, 1643.
At a meeting by us whose names are underwritten, chosen by the towns of Salem & Ipswich, & haveing full power either towne to agree & determine agree of the bounds between the said townes, do in the behaulfe of each towne conceive that the meeting & determine the same as followeth : Imprimis, wee houses of the two townes stand from each other north north east haulfe a point 36 THE RECOKDS OF THE COLONY OF
16 4 3. easterly, & south south west haulfe a point westerly ; whether it bee exactly
' ' '< so or no, wee are fully agreed that the line betwixt the two townes shall run
as foUoweth, vizj : From the bound tree near John Fairfeilds house west north
west haUe a point northerly, & est south east haulfe a point southerly, as the
trees are marked both wayes from the said bound tree. WILLI: HUBBERD, JOHN TUTTELL, JOSEPH YONGS, ROGER CONANT, JEFFRY MASSYE, JOHN BALCH, THOM: HOWLET, JOHN GAGE.
Edward Converse, Ezechiell Richardson, Cap? Cooke, & Edward Goffe,
w* M'' Stileman, are appointed to lay out the way ft-om Cambridge to "Wooborne.^
The Co''t granted Squa Sachem haulfe a pound of gunpowder, & her
peece to bee mended.
M"^ Hooke had leave to depart, not being well.
540— It is ordered, that all the armes, ammunition, & ordinance should bee
fetched from Castle Hand w*''in two months, & that Charlstown, Cambridg, & Ipswich shall have each of them a drake, & that Cap? Sedgwick, Cap? Gibbons, & Cap? Cooke shall dispose of the ainunition, armes, & ordinance,
& utensals, & the surveyar to have an invoyce of all ; & Charlstowne to have
such carriages & other things as they neede toward the money w""^ hath bene
pmised them, & the surveyar generall to have the armes.
[*29.] *And Cap? Sedgwick, Cap? Gibbons, & Cap? Cooke are appointed to take
charge of fetching whom these things, 8c to let the iland as they can yearly./
It is ordered, that Cap? Sedgwick should have what hee hath layd out
upon the Castle upon his account to the Treasurer.
The Co't voted & ex^ssed their consent to the articles between us, Coiiec-
tecot, Newehaven, & Newe Plimoth, if they consent to them, & appointed them to bee transcribed & subscribed by the Secretary.
John Gwin, for his reproachfuU & clamoros speaches, was fined 20*, w"'',
upon his humble acknowledgm' of his fault, was abated to 5*, w* Cap? Sedg- wick undertooke..
It is ordered, that M' Bradstreete & M' Symonds should give M' Salton- Etall his oath. THE MASSACHUSETTS BAY IN NEW ENGLAND.
It is ordered, that Deputy, W W Saltonstall, W Bradstreete, M' Symoions. or any two of tlu-m, should go & kccpc Co't at Pascataquc, :\P Williams, Cap! Wiggcii, M' George & Smyth to assist them, & to bee coiuission" there. Capt Wiggens authority & is appointed to extend to Hampton, as before.
The forenamed coiSission" have liberty to keepe Co-'ts for small causes, as before.
And two bigger Co^ts are to bee kept there, the one betwen the English & Indian harvest, & the other in the spring..
The gentlemen that keepe Co't at Pascataque are desired to veiw the Y. ground in "• ground in question, & see if they can compose settle & things betwen Dover 5,'^'==*'°" J-f Strawberry & Banck ; & if they can not, to certify the Co't how they find ^^'^' Bancke. things.
Thomas Bayes, being convented for mutinos & turbulent speaches, was fined 5*, 20* & bound in to appear at the Quarter Co-'t the first month, & to bee of good behavio' the meane while.
Robert Crosman, for his offencive speaches, was fined 26sh', & bound in
10* to appear at the Q'ter Co'^t in y« first &, & to bee of good behavio'' the meane time. Henry Chickering, 'Willi : Ballard, Tymo : Dwyte, & Rob''t Hinsdel are bound for the two fines of Thom : Bayes & Rob''t Crosman, w""^ is 6*.
M' Wheelright had a safe conduct granted, & liberty to stay 14 dayes, so it bee w^'in 3 months next ensuing.
The order that restrained the killing of calues for some months is re- pealed.
Excetter petition was answered, being it fell w"'in o'' pattent; the Co''t tooke it ill they should capitulate w"' them.
About elections : It is ordered, that the order made at the Gen'all Co't 642— the IS"" of the 3"" Si, 1(540, 446, for a free & orderly course to bee held for the nomination of such as are to bee put to election for new ma'"''^ shalbee revived, & stand in force untill this Co^'t shall see cause to alter or repeale it, w"* this explanation onely, that whereas it is ex^ssed in the said order that the deputies shall ppound to the freemen whom they would have put to nomina- tion for ma'''^'', the intent of the said clause is not that the deputies should have the sole liberty of nomination, but that all the freemen should have equall liberty w"' them therein.
It is ordered, that warrant should bee sent to the townes to send the number of males from sixeteen year ould to sixetie, in the begining of the G""
1& next OF THE COLONY OF 38 THE RECORDS
of the writts at Linn, in M' 1643. M' Edward Tomlins is appointed clarke Sadler his place. 10 May. that refuse to take their freedom, the It is ordered, concerning members churches should bee writ unto, to deale w* them. on the comitte to *treate w"» [*30.] The Governo' & M' Dudley are appointed Newehaven, if either of the o' brethren & confederates of Conectecot & & former bee hindered, M' Bellingham is appointed in his steede. his farme of 600 acres, as neare Pentucket 600 aci«s to JI' M' Natha : Ward is granted Na-.Waxd. S'gent Howlet, of Ipswich, as may conveniently bee, to bee layd out by Joseph Jewet, of Rowley, & PhiUp Challlce, of Salsbry. given in It is ordered, that M' BeUinghams account should be f>pared &
to the comitte w"'iu two months. next session, such & M' Tynge is to perfect his account against the &
as are behind are to pay the 7'" A, in mony, or Inglish wheate. shall appoint what 543- It is ordered, that the millitary offic'^s in every towne times armes to bee brought to the meeting houses on the Lords dayes, & other
of meeting, & to take order at farmes & houses remote, that ainunition bee
safely disposed of, that an enemy may not possesse himselfe of them.
The whole plantation w'Mn this iurisdiction is divided iato four sheires,
to wit : —
Essex. Salem, Middlesex. Charlstowne, Suffolk. Boston, Linn, Cambridge, Roxberry, Enon, Watertowne, Dorchester, Ipswich, Sudberry, Dedham, Rowley, Concord, Braintree, Newberry, Wooborne, Waymoth, Glocester, Meadford, Hingham, Cochichawick. Linn village. ||Reding.|| Nantaskot.
Norfolk. Salsberry, It was agreed that Benedick Arnold Hampton, should be alowed four pounds for his Haverill, Excetter, paiaes.
Dover, It was ordered, that the first day of
Strawberry Banck. the 4"^ month should bee cofnended to the
severall churches in o' iurisdiction to bee kept a day of pubhque humiliation,
for the sad condition of o'' native country.
The magistrates in the Bay, or any 3 of them, w**" the deputies of the
next townes, or any 5 of them, are authorished & ordered a comitte to treate
w"' Pumhom & Sachanonocho about their submission to us, & to conclude w"'
them, & receive them under o'' iurisdiction, if they see cause, & to wame any
to desist w**" shall disturb them. THE MASSACHUSETTS BAY IN NEW ENGLAND, 39
M-^ Prichard, M' Glover, M' "Weld, & M' Atherton, or any three of 16 4 3. """"^ them, are appointed a comitte about the receiving & ordering of M'' Andros 10 May. gift, & the specialties were deliv^'ed them, to wit : of M' Bradford & comp* for 333. 6. 8*, M' Atwoods byll for 36*, M-' Hills byU for 20. 13. 4*, & the ^sent Gov''no''s byU for 100* ; also a note for 44. 9sh' more (if it bee not cleared to the satisfaction of M' Andros) was deliv'ed in by M' BeUingham, Cap? Cooke, & Leifl Duncan.
Capl George Cookes byll, for paym' of 20* at 30 dayes, M' Norcrose his
byll for paym' of 6*, & M' Strange his order were delivered by M' Hibbens in to the Treasurer. Cap? Gibons, Capl Sedgwick, Cap? Cooke, M' Hawkins, Cap? Denison, & Goodfii Edward Johnson, they, or any foure of them, are appointed to con-
sider of some orders to put the country into a posture of warr, & that armes
bee put *in order, «fe they to see to fortifications, & to ppound such order as [*31.]
they thinke of to the Co'"te. The 305* worth of goods are comitted to M" Stoughton, according to
M'' Stoughtons advice, (to sell by retale at 4'* in the shiUing, for 14 dayes,) to
pay by the first returne mony, or bills, as shee pleaseth, & if not then paid,
to pay by the 15"» of the 8"> A, in money, bylls for England, or IngUsh
wheate at a due value by appraism*, w"'' payment the Co't shall choose. The former comitte of ma'™*' & deputies are authorished & appointed to examine & perfect the lawes. For ^venting of occasions of partiall & undue pceedings in Co'ts of 544- against iudges in that iustice, & avoyding of iealosyes w"*" may bee taken up civill nature, between partye & partye, kind, it is ordered, that in ev^ case of any iudge any of the where there shall fall out so neare relation between & nature or' marriage,) brother & parties, as between father & sonne, (either by tenant, in matters of con- brother, in like kind uncle & nephewe, (landlord & have liberty to bee f>sent in siderable valewe,) such iudge, though hee may reasonable advice in the case, yet the Co^t at the time of the tryall, & give sentence therein, neither shaU sit as a shall have no power to vote, or give shall so pleade or give advice in the iudge, but beneath the bench when hee case. _ inclosed in comon, it is 545- For Renting disorder in come feilds w"'' are quantity in such feilds shaU have ordered, that those who have the great' contrary, ^ any former order to the , power to order the whole, notw^standing in such comon feild shall make & main- & that every one who hath any part severaU (juantities. taine the fences according to their 40 THE RECORDS OF THE COLONY OF
This Co't being to bee adiourned, it is desired, that ev'y member of this
Co''t will use their best indeavo"' in the mean time to informe themselues & the
Co't concerning the question about the negative vote, & to take advice from
any therein ; and it is ordered, y' it shalbee no offence for any of them, or any
other, either elder or other pson, who shall, either privately or in any lawfull
assembly, dehver their minds soberly & peaceably therein, or to deliver the
same in writing, in any modest or breife way, so it bee under their hand, &
the elders to bee desired to give their advice in the case.
M"' Saltonstall tooke the oath of the Assistants.
Adio'm. The Get is adiourned to the first Thursday of the 7"* A next.
7 September. Y"- Septemb, 1643.
It is conceived by those that are appointed to lay out the way between
Waymoth & Braintree that the way w"'out the ffeild at Manatacut is conceived
to bee nearer & more comfortable, & not so troublesome to the country in
regard of putting up & downe the rayles ; neth' will so much damage redound
to the inhabitants in regard of spoyls their come, as formerly hath bene. MOSES PAINE, EOBKT MARTIN,
EDWARD B X , MARTIN SANDERS.
*This writing is to testify that wee, Pumham, sachem of Shawomock, [ •] f<3, 546- & Sacononoco, sachem of Patuxet, ^6, have & by these ^sents do volentarily 22 June. & w">out any constraint or pswasion, but of o'' owne free motion, put o'selues,
o'' subiects, lands, & estates under the gov'm* & iurisdictio of the Massachu-
sets, to bee gov''ned & ptected by them according to their iust lawes & ord's, so farr as shalbee wee made capable of understanding them ; & wee do pmise,
for our selues, & all o' subiects, & all o'' posterity, to bee true & faithfuU to the said govemm', & ayding to the maintenance thereof to o'' best ability, &
from time to time to give speedy notice of any conspiracy, attempt, or evill
intension of any w'^'' shall wee know or hear of against y^ same ; & wee do pmise to bee willing from time to time to bee instructed in the knowledge & worship of God. In witnes whereof wee have hearunto put o"^ hands, this 22'^ of the 4*'! &, 1643. The m^'ke of Sacano-
noco.
The marks of Pumhom. THE MASSACHUSETTS BAY IN NEW ENGLAND. 42
This was signed, after clear interpretation of every perticuler by their 16 4 3. owne interpreter, Benedick ' ' Arnold, in the ^sence of us whose names are sub- » scribed, & many of the eld'"s, & others. ^ •'"°^-
JO : WINTHROPE, Gov'no', THOM: DUDLEY, EICIPD BELLINGHAM, JOHN GLOVER, JOSEPH WELD, HUGH PRICHARD, HUMFREY ATHERTON, WILLI: ASPINWALL.
7** Day T^ M\ 7 September.
Samu : Gorton & his comp* had a safe conduct oifered them, & were writ 647- unto about div'se iniuries offered by them to us, (& the people und' otrr iuris- diction, both English & Indians,) to come to o'' Co't, & there make answere to the pticulers, to w* they returned no other but contemptuous & disdainfull answers ; whereupon 3 comission's were resolued to bee sent to requir & see satisfaction made w"" security, or to bring their psons, w"" reference to their instructions. 12 writings were deliv''ed my bro: Tyng, w* came fro™ M'' Peters & M' Wells.
Warrant was ordered to bee sent to Dover, to redresse their two mistakes of sending a new deputy, & sending an impfect number of males from 16 year ould to 60 yeares.
M'' Jolin Winthrope, lunior, tooke the oath of Assistants.
2^ M'^ Thorn : Mayhewe is fined ; 'W Natha : Sparhauke is fined 2» ; Cap^
Sedgwick is fined 2= ; Josua Hubb-^d fined 2« ; M' Belleha fined %K
Edw"* Starbuck is fined for 3 weeks absence, 40'.
The Co^'t thinketh not meete to write to y" eastward about M' Cleaves, according to his desire.
It is ord'"ed, that M' Stoughton, M' Hibbens, M' Treasurer, & M' Keayne, or three of them, to bee a standing coinitte to take the paps, & to ord' things for the good of the country, accord^ to their discretion. for this yeare ensuing, [*33.] Comission was granted M' Willi : Pinchon, geni, shall have full power to & till y« Oct take further order, that hearby hee gov^ne, according to former order in 1641, onely to try causes by a iuiy of 6 men, if 12 cannot conveniently bee had. for send^ a It was ordered, that an admonition should bee sent to Dover new deputy w"'out leave or new sumons, & not alowing meanes to the form' deputy, wherby hee was hind''ed from comeing.
VOL. II. 6 42 THE EECORDS OF THE COLONY OF
to 16 4 3. It is ordered, that for the yearly choosing of Assistants for the time ''" "1^ ' come, insteed of paps the freemen shall use Indian beanes, the white beanes 7 September. KAo to manifest election, the black for blanks.
John Saund''s, for his mutinos & offencive speaches, was fined five pounds,
& enioyned to acknowledg his fault at Hampton.
It was ordered, M' Dunster should bee paid 16* by M' Stoughton, upon
account.
1. It is ordered, first, that the regiment & comaund of the millitary affaires
^'^' bee so ordered that upon any suddaine exigent or assault upon any place, there
may bee a lawful! authority to make resistance ; for, as piety cannot bee main-
tained w""out church ordinances & offic's, nor iustice w"'out lawes & magis-
tracy, no more can o' safety & peace bee g>served w^'out millitary orders &
office's ; & though wee conceive the supreame power of comaund of the forces
bee in the Co''t Gen'^all, so that no war ought to bee undertaken w^'out their
authority, yet because that great body cannot be ready in suddaine cases to act
by itselfe, wee conceive it necessary that there bee a councell, wherof the
Gov^no'' to bee alway one, invested w"" power & authority, in all cases of dan-
ger & assault, to raise y" whole force of the country, or any part therof, & to
draw them together to one or more places w*in this iurisdlction, or otherwise
to dispose of them in the best mann"^, for the necessary defence of the country.
2'ly. That there bee chosen a sergent maior gen''all to leade & conduct
their forces levyed, & to execute all orders & directions of the councell.
3'ly. Because assaults may (& coinonly are, sudden, not admiting of
any delay, wee conceive it likewise necessary that in eveiy sheire there bee
appointed one leiftenant, who shall have power to cause the force of that sheire,
or any part therof, (in suddaine cases, where timely notice cannot bee given
to the Gov'^no' & councell,) who shall give order to the force levied to march
to any part of the sheire for the defence therof, or otherwise dispose of them,
till hee receive order fro" the Gou'no'' & councell ; & furth% that in evCy
sheire there bee one sergent maior, to comaund, leade, & conduct the forces of
that sheire, being called together ; who shall also have power in the absence
of the leiftenant to raise the force of that sheire.
4'ly. That the regiments or sheires bee divided into sev^'all companies, and where any towne hath not a convenient number of men, that they bee adioyned
to some other towne to make a full company, & that in ev''y such company
there bee a captaine, & other offic'^s, & that the captaine have power to call his
company together, & to make any iust & necessary defence, & to dismiss
them, as hee seeth occasion, when there is no other comaund to the contrary. THE MASSACHUSETTS BAY IN NEW ENGLAND. 43
6'ly. It is very convenient that once in every yeare the supior offic' 16 4 3. Bhould call the regiment ' togeth^ that ev^y man ' ^ may know his place, & that all the horse Usted in that sheire shall ^'P'""'^''- appear at that meeting, & that the chiefe ^ offic'^ cause them there to bee exercised.
6'ly. That a beacon fired, & 4 muskets discharged, & a drum beaten shalbee an alarum, at W^" every man shaH repaire to his colons, or appomted meeting place, to attend further order. 7. Secondly, the regiment being thus settled, wee conceive it further necessary that the Gov^no', counceU, leiften'^ of sheii-es, & sergent *maior do r«34 -, meete once every yeare to consult of the best meanes of o-- safety, & to take notice of all millitary affaires ; to see that all offices do faithfully discharge the trust comitted to them, & to punish all disord's, & neglects in offices all ; to take care that all places bee pvided w'" able offic-'s, & where such are wanting,
to appoint one of other places, giving them recompence for their paines ; to dispose of the magazeine in the most convenient place, & to consider of meanes
to furnish them ; to consider of fortifications, & the means to effect it, & to suffer no publiq, fort to bee erected w'l'out their appbation.
8. Also, in every sheire or regiment the leift, serg' maior, & the cheife
officer of every company shall meete once or twice ev'"y yeare to consult of such
matters as tend to the safety of that sheire, & of meanes of pvide^ aiuunition & armes, & to appoint what sort of armes every man should beare, & what forses shalbee inroaled, & to take care of the ordinance, publique armes, &
magazine of the sheire or town, to p-sude one caiioneer at the least, to consider of
the forts in the sheirs, & to take care of them, & not to suffer any fort (though
it bee not of publiq, concernm') to bee erected, w'l'out their appbation, to
take notice of all disorders & neglects of souldiers or inferior offic'° in
watchings, trainings, ^<3, & to reforme & punish them, reserving power to
the captaines of ev''y company to execute all such orders of Co't as are or
shalbee betrusted to their care, & giving them power to warn any offender, or
J^sent any offence of a millitary nature to the councell or meeting. 9. And
wee conceive it needfull that the order of Co'^t, w'*' binds ev''y man to furnish a
musquet, should not bee in force against such as are pvided to serve w"" pike &
costlet, that so those places that are unfurnished of pikes may bee incuraged to pvide them. 10. It would bee convenient, that all millitary dispatches & order might bee issued after the usuaU manner from the supior to the inferio"^ officer.
Whereas Excetter is found to bee w"'in o"' patent, upon their petition they 549- were received under o"' gov'"nm' ; and M' "Willi : Paine, Mathewe Boyes, & i^o y, goye^it. 44 THE RECOKDS OF THE COLONY OP
16 4 3. Jolm Saund''s are appointed to settle the bounds between Hampton & Excetter
r ' sv"'in two months.
' It is ordered, that ship other vessell shall cast out ballast f-e-f, no nor any in
Ballast. the chaiiell, or other place inconvenient in any harbo' w"'in tliis iurisdiction,
upon the penulty of 10*.
It is ordered, that warrant shalbee granted to sell Sqa Sachem lit of pow-
der & 4il of shot, at two severall times, halfe at one time & halfe at another./
Whereas by a former order it was appointed 10' should bee paid for ev''y
651— action at the entry of it, it is now declared, that the marshall should gather it
up, & execution to be granted him against any w* neglect to pay it.
Willi : Wemborne, Rob'^t Smyth, & Thom : Wardall are to end small
businesses at Excetter.
Willi : Wenborne is chosen clarke of the writts at Excetter.
It is ordered, that till the next Gen'all Co''t, & till the Co''t take further
552- order, Excetter J°^J"„, shalbee tryed at IpsmcL
The letter to the Dutch was voted to bee recorded.
It is ordered, that Enon shalbee called Wennam.
653— Wennam is granted to bee a towne, & hath Uberty to send a deputy./
M' Pinchen is ordered to pay for his beaver trade from the time of the
rufiing of the line.
M' Treasurer, M"" Hathome, «& M' Glover are appointed a comitte to take
the names of all the traders, & what they have paid, & to certify the Court.
M' Fenwick desired, that if hee did. not pve, & make it appear to the
654- commission's at the next meeting, that his line, by an ancienter patent then
Cs, & an authentick one, doth take in Wooronock, then o' line to stand, &
that trading house to bee subiect to o' ord^'s.
It was agreed, that wee should send 3 comlssion", w'^^ a guard of 40 able men to attend them, w'*- have authority 555- & order to bring Samu : Gorton & his
company, if they do not give them satisfaction.
The coinission's are 3 Cap^E Geo : Cooke, Humfrey Atherton, & Edward Johnson Cap? Cooke to ; & comaund in cheife, & Hum : Atherton to bee his leift of the millitary force.
A letter was ordered to sent bee to Samu : Gorton & his comp" by them Mf^'^ go before, to declare o' intent.
They of Aquidnee are granted to buy a barrell of powder, pvided Leif-
ten' Morris give caution that it bee implied for the defence of the Hand by the adice of the Govern' & Deputy.
*It is ordered, [*35,] that the deputies shall acquint the elders to desire in a speciall manner to comend this undertaking to God. THE MASSACHUSETTS BAY IN NEW ENGLAND.
It is ordered, that the widow Wilsons fine of 5* shalbee accepted in pipe staves, according to her petition.
Whereas it appears to this ^'P'""''"- Co-'t that the coiuission'-s appointed to lay out ^ the ^~ bounds between Dover & Strawbeny Banck did not consider the said strawberf Strawberry Banck as a towne, nor ^^"''• so exactly veiwed the land on that side the ryver as was needfull, thereupon layd & out certeine lands to Dover W^^ is most convenient for Strawberry Banck, & c^elne lands to Strawberry Bank w* is most convenient for Dover, so acknowledged to bee by one of the said coinission^s in this ^sent CoH, it is therefore finally ordered, that all the marsh
& meadowe ground lying against the great bay on Strawberry Banck side shall belong to the towne of Dover, togeth'^ w"> 400 a6 of upland ground adioyning
& lying neer to the said meadow, to bee layd out in such a forme as may be
most convenient for the impving & fencing in of the said meadowe, the
remainder of the said ground to belong to Strawberry Banck, reserving the
due right to ev'y one that hath ppriet}-es in the same.
IM"' Willi Aspinwall is : appointed clarke of the writts for Boston. M' Aspinwaii,
''^"^^ °^ ""^ Willi : Estowe is appointed in the roome of John Crosse to assist in ' *• writts. ending small causes at Hampton.
It is agreed, that the millitary coinaunders shall take order that the
companies bee trained, & some man to bee appointed by them in each towne
to exercise them. This was ordered before 548 : 7 :.
It is ordered, that for the rates behind, what is paid in wheate shall passe
at 4^' the bushell, so that if losse come, the towns that are behind to bear it,
& to take it of the persons.
Strawberry Banck is granted M' Ejiowles his purchase, paying the 30*
to the Courts satisfaction.
Willi : Pomfret is appointed in Edw^ Colcots place to assist in ending
small causes at Dover.
M"^ Glover, M' Russell, Ensigne Weld, & M'' Edw
a coinitte about the cliild"'n, to dispose of them, call for their beds, & to see
that satisfaction bee pcured & paid in.
unlesse it M. This is to The Co''t gave Castle Hand & the house there to Cap? Gibons, . be considered bee implied to publiq, use for fortification at any time hearatter. ^^^j QQ,^ ordinance, It was ord-'ed, that Edward Bendall should fetch away the
is granted ainunition, leade, & oth^ utinsals fro-" Castle Hand, & deliV what surveyar. to Charlstowne & the rest to Boston, & bee paid by the souldiers to go w» It is ordered for the ^sent, that the charge of the Glover the rest of Cap? Cooke, {d, to Providence, should bee paid by M' &
it cometh in. the coinitte about the children, & bee repaid againe when 46 THE BECORDS OF THE COLONY OF
It is ordered, that Ipswich, Salem, «&: Newberry shall answere for the
powder or armes they have had.
M"" Bellinghams account haveing bene examined, & being subscribed by
2 of the comitte, hee is fully discharged, & his account alowed.
It is ordered, that the souldiers of Ipswich, Kowley, & Newberry, w*''^
were sent to the Indians, should each man bee alowed one pound of powder.
Salem dis- The to-vvne of Salem is discharged of two barrels of powder. chardg. for 2 are pmitted to ioyne in marriage, barrells pod'. Jacob Sheath & Margaret Webbe Jacob Sheafe. though but twice published.
The 5"^ day of the 8"» A is appointed a day of publiq, humiliation through
o' iurisdiction.
N. The former grant to Nantascot was againe voted & confirmed, & Hingham
men wiUed to forbear troubleing the Co't any more about Nantaskot.
M'' Parker is disingaged about the powder for Waymoth, & M' Tory is
charged therew*'', hee acknowledging it to bee in his hand.
Poude' lent. M' Tompson hath 3 barrels of his powder deliv^'ed him back, & M"^ Fen- wick had almost two barrels of powder.
M'' 'Roh^t Saltonstall is to answer for a barrell of powder.
Thom : Wendall, for abuseing a girle, was censured to bee whiped both
heare & at Ipswich, & order taken that his m'' defray the charge, & to have
time in his servant for it.
Geo : Church was sent to Ipswich to bee tryed there, & order taken for
defraying his charge.
Neg. Three conclusions were deliv^'ed in by M' Cotton, in the name of himselfe
& other eld^'s about the negative voyce.
[*36.] *Gooddy Armitage is alowed to keepe the ordinary, but not to drawe
Coiiiittee in This Co''t purposing to adiorne till the 17"^ of the S"" rfi, & not knowing the vacancy of what may fall out the meane while may req^uire the authority of this Co''t, this Court. w* it is therefore ordered, that the magistrats of the Bay, or the greater part of them, & the deputies of Boston, Charlstowne, Cambridge, Roxberry, Dor-
chester, or the greater number of them, shall have power (as a comitte) to
take order (according to their best discretions) in aU exigents & occasions w*''^
before the next session of this Co'"t may fall out, eith'' conc'ning the expedition
now on foote ag* Sam : Gorton, & the rest of that comp% or conc''ning any
advice fro"' the comissiotfs of the United Colonies, about the Naviganset or
Mohegen sach' & their people, so as they are not to enter upon any warr w"»
the Indians (other then defencive) before this Co't bee againe assembled. :
THE MASSACHUSETTS BAY IN NEW ENGLAND. 47
It was voted, M' Winthrope, lunior, should bee paid his 50' bill of by 16 4 3. M' Stoughton, or oth'-s, except what is already paid. —^.^-^
It is ord-^ed, that Stephen Day ^ ^'P''='^''«- shalbee released, giving 100* band for his appearance when hee is called for. It was ordered, M^ Stoughton & John Johnson the surveyar should have warrant to deliver Cap? Cooke, Leif I Atherton, & Edward Johnson, or any of them, what they desire, as needful! for themselues or their company.
The Co'-t is adiourned till 17"" the day of the 8"- iSi at noone.
(8) 17. 17 October.
M"^ Israeli Stoughton tooke the oath of an Assistant. It was ordered, M-" Stoughton should pay 20* to the souldiers of the stock in his hand.
18. It was ord'"ed, the watches should bee layd downe.
It is declared by this Co^t, that the surveyar of the armes, (who also 557. executes the office of the clarke of the band,) whether hee bee chosen by the
freemen onely or by the whole millitary company, all such acts as have bene or shalbee done by him according to law are & shalbee accounted good & effectuall.
It is ordered, that a letter should bee written to Adam Goodwin, Thorn One, & the rest of Pvidence.
It is ordered, that onely the two sergents w"'' use to attend the Gov'no"', 558-
& no more, should attend at the Co''t.
M"' Nelson is appointed insteed of M"" Bellingham to see people ioyne in
marriage at Rowley,
There is granted to Haverell a pcell of meadow, about sixescoare acres. Meadow to
more or lesse, west of Haverell about sixe mile.
This Co''t, taking into consideration the necessity of husbanding mens 559— time in this country, & lessening the charges of the Gen'all Co't, have con-
ceived, that it would avoyde the losse of much time if the deputies were chosen for one whole yeare, & that if in every sheire the ma*"** & deputies there inhabiting, or so many as can intend it, did meete at convenient times before ev'y Getfall Co't to consult of & ppare such businesses as are to bee determined at the same Co''t, W'' Avould much shorten the time w* is spent in the Gen''all Co''t, & consequently the charge also, this wee have ordered to bee declared to the freemen of the severaU townes, that if it shalbee thought fit to put this in practice, an order may bee made at the next Co't for establish-
for the next Co''t of ing thereof ; & it is now ordered, that after the deputies
Election shall bee chosen, such meeting, as aforesaid, may bee had in the :
48 THE RECORDS OF THE COLONY OF
16 43. severall sheires, wherby the country may have some tryall of the fruite of that
w'^'' is now propounded. 17 October. It is ordered, that if any freeman shall put in more then one paper or 560- beane for the choyce of any officer, hee shall forfett 10* for every offence ; &
any man that is not free, puting in any vote, shall forfett the like some of 10*.
561- It is declared, that whereas in the Booke of Liberties, N. 23, it was ordered none should take aboue 8* p c, bills of exc» are excepted. 662- Wheras, by a former order, men were ordered in debts to accept
wampam to the valewe of 10*, it is now ordered it shall passe but to the
value of ^
[*37.] *It is ordered, that Pumhom & Socononocho should have each of them lent them a fouling peece, & Benedick Arnold hath liberty to supply them powder
& shot as hee seeth occasion.
It is ordered, that M'' Symonds should have the Court booke for a fort-
night or thereabouts, to pfect his coppey thereof for their sheire & Co''t.
CoUecot ord'. Rich^'d CoUecot, Edward Fuller, John Cauldwell, & Rich : Smyth are
appointed to fetch the cattle from Providence.
563- "Whereas, at the Co't houlden at Boston the 4"" 7"^ &, 1639, there was
Topsfeild. certaine land lying neare Ips-\vich Ryver granted for a vUlage, eith'' to some of Salem. the inhabitants of Salem, or some of the inhabitants of Ipswich, who have
farmes near unto the said land, to bee enioyed by those who first setteled a
village there, they both' ppounding for it togeth'' ; howsoev"" the ord"^ men-
tioneth onely Salem inhabitants, & forasmuch as the said inhabitants of Ipswich
have for neare this two years pcured & maintained one to dispence the word
of God unto them, w"'' they intend to continue, it is therefore ordered &
granted, that M' Jn° Endecott & the said inhabitants of Ipswich, viz., M'
Bradstreete, M' Symonds, M"^ "Whittingham, M' Willi : Paine, M'' RoVt
Paine, & such oth"" of Ipswich or Salem as they shall associate to themselues,
shall have libHy to settle a village near the said ryver of Ipswich, as it may
bee most convenient for them, to w'^'' the foresaid land shall belong, viz., all
that w""" lyeth near the said ryver, (not forMy granted to any towne or pson,)
pvided that any of the inhabitants of Salem, who have farmes near unto the
said land now granted, shall have Uberty for one yeare next comeing to ioyne w*^
the said village, & to have their equall & j)portionable priviledge in the same
And whereas M' Bradstreete hath liberty granted him to take his farme of
500 a(3 in the next convenient place, that is fit for a farme, to that w'^'' is
granted to M' John Endecott, w^'' may pve fiudiciall to the said village, it is
therefore ordered, that the said M' Bradstreete shall have liberty to take his
said farme of 500 a<3 in any other place not yet granted to any towne or pson. THE MASSACHUSETTS BAY IN NEW ENGLAND. 49 nor ;p>ludiciall to any plantation made, or to bee made, w'=^ when hee hath so 16 4 3. done, & manifested the same to this Co''t, ' his aforesaid grant shall fourthw«» . bee voydc, the said land shall °°*''''" & belong to the village before mentioned, to bee ^^ disposed of by the inhabitants thereof, for the good of the whole. And if Salem Ipswich & shall not agree before the next Co-'t about a pcell of medowe now desired by Salem to bee to Wennam, then the Co-'t shall determine it.
Whereas it is found by expience that there hath bene much trouble & 564- difference in severall townes about the manner of planting, sowing, & feedino- of coiuon corne feilds, & that upon serious consideration wee finde no gen'all order can pvide for the best impvement of ev'y such coinon ffeild, by reason that some consists onely of plowing ground, some haveing a great part fit onely for planting, some of meadowe & feeding groimd ; also, so that such an order as may bee very wholesome & good for one feild may bee exceeding fiudiciall & inconvenient for another, — it is therefore ordered, that where the comoners cannot agree about the manner of impvement of their feild, eith"^ concerning the kind of graine that shalbee sowen or set therein, or concerning the time or manner of feeding the herbage thereof, that then such psons in the severall townes that are deputed to order the prudenciall affaires thereof, shall order the same, or in case where no such are, then the maior part of the freemen, who are hearby enioyned w"' what convenient speed *they may to determine any r*38.] such difference as may arise upon any information given them by the said coinoners ; & so much of any former order as concerns the impvement of comon feilds, & that is hearby pvided for, is hearby repealed.
Whereas wee are directed, not onely by the practise of aU. civill nations, but also by the rule of Christian & comon pollicy, to j)vide for our owne safety upon all occasions, — This Co% (in respect of these & other weighty reasons,) haveing duely considered the conditions of this country, & accordingly (in that behalfe) enacted & ordained that a sergent maior generall shalbee chosen to comaund the whole army, as also a sergent maior in ev'y sheire or regiment, & to the end that every place aforesaid may bee supplied & pvided of such psons as are & may bee best qualified, do therefore order, 1. That the sergent maior generall shalbe chosen at the next Co-'t of Elections, this choyce to bee made by the body of the freemen in such sort as they are (or shall bee by this Co't) appointed to choose the Governo^ a sergent maior to 2. That every sheire (except Norfolke) shall choose made comaund, conduct, & leade the forces of that sheire, w* choyce shalbee order of the Gen'aU Co-^t as aforesaid by the freemen of every sheire, (the
VOL. II. 7 ;
50 THE RECOEDS OF THE COLONY OP
1643. wherebyM' Stougliton & M"' Saltonstall were appointed to bee sergent maiors
""^' "^ of tlie south & east regiments being now repealed, (at their owne request,) and 17 October. that all whom it shall concerne (of eT''y sheire) may bee well advised & in-
formed in their choyce, it is further ordered, that the deputies of this fsent
Co't, upon the first 4*"^ day of the first month next ensuing, shall assemble in deputies of this mann', vizj : The deputies of Suffolk at Boston ; the Middlesex
at Cambridge ; the deputies of Essex & Norfolk at Salem ; who (being thus
assembled) are desired, upon serious consid'^ation among themselues, to returne
the names of such unto their severall townes, as they shall thinke may bee
most meete, for the places above mentioned, notw^'stand* w* returne the free-
men of ev^'y towne (meeting in their severall to-vvnes the 4"" day of the weeke
following, to elect their sergent maior gen"'all) shall use their liberty therein,
w* election shalbee made by proxies, to bee received & sealed up by both or
either of their deputies, & brought by them unto their sheire townes aforesaid
4*"" upon the day of the weeke following ; that is to say, the votes of Suffolk
to Boston, before the Go'^no'' & other magistrates there ; the votes of Middle-
sex to Cambridg, before M'' Nowell & M' EUnt ; the votes of Essex & Nor-
folke to Salem, before the Deputy Gov'^no', who (togeth' w*'' the deputies of
the sheire) shall open the said proxies, & such in ev'y sheire as have most
voyces (being thereby chosen sergent maiors) shalbee so declared to the coun-
try ; and it is ordered, that untill there shalbee leiften'' chosen for ev''y of the
said sheires in such manner as is hear ex^sed, the sergent maior of ev''y
sheir shall execute the office & power of such leiften* in the meane time.
Boston hath 6 weeks Hberty to repair their wayes betwixt Winnet semet
& the written tree.
M' Xohn Wheelright is granted a safe conduct, if hee shall desire it, to
come to the next Co''t.
Luce Pease, the wife of „ Pease, appering, & pfessing that shee doth
abhor & renounce Gortons opinions, & confessing her fault in bloting out
somethings in the booke w"='' shee brought, & in shew^ the same before shee
[*39.] had deliv"'ed it, & pfess^ shee was sorry *for it, shee was dismissed for the
g>sent, to appear when shee shall bee called for.
Dedham hath 3 weeks further time granted them to settle their bounds
and then Eoxberry men x x x x
And Eleazer Lusher, Josua Fisher, & M' Hugh Prichard are appointed,
insteed of Cap? Jeanison & M' Oliver, to lay out the land of Eoxberry men ;
& Cap? Keayne should have his 400 a6 there layd out by the same men, if it bee there to bee had near Dedham & Watertowne. y
THE MASSACHUSETTS BAY IN NEW ENGLAND. 51
It is ordered, M' Edward Tomlins should have 22* to repair Mistick 16 4 3. bridg, to make it strong & sufficient, for w* some of 22* hee hath under- " " ~^
, . 17 October. taken it. -j MisticK,t- x. , bndg.v John Johnson, the surveyar of the arms, was ordered to deliver two sacars to M"' Rob't Saltonstall, w* IVP BeUingha™ sould him, haveing brought them over upon his owne account.
M' Mayhewe was granted 3* for losse in 60 bushels of come.
M' Mayhewe is granted 300 a<3 of land in regard of his charge about the 566— bridge by Watertowne mill, & the bridge to belong to the country.
A bill of 26. 2. 10* is alowed the Treasurer for charges of cattle & come,
& M'' Bradstreets iourney to Pascataq,, id.
And 34sh' is granted Nicho : Buabey for making cloth before the order
for alowance was revoked, & the waiTant was lost.
Gorton charge. The Charge of the Prisoners, Samu : Gorton & his Comp".
Upon much examination & serious consideration of yo' writings, w* yo» answers about them, wee do charge yo" to bee a blasphemes enemy of the true
all civill religion of o'' Lord Jesus Christ & his holy ordinances, & also of
authority among the people of God, & perticulerly in this iurisdiction.
Josua Hubberd & Bozoon Allen being both absent, they were fined 20sh'. wodeptiiig The clause in the order N. 438 for the penulty of 100* for any departing session. w*''out leave is declared onely to bee ment of the first the charge of It was voted, that 5* 15sh^ should bee alowed M' Buck for
the comitte w* met at Salem. conceive that hee can blam M' Stories petition is answered thus : Wee the last Quarter Co't & none but himselfe that his causes were not tryed ; in the mean time therefore hee must stay till the Co't come againe, unlesse wee much Cap? Keayne & hee come to an agreem' betwixt theinselues, w""
desire. conceive that if Cap? Goodm Shermans petition is answered thus : Wee was undertaken for him Keayne bee willing, & accordingly shall pforme what Sherman shall give him a discharge in the first session of this Co% that then the sowe w* if hee refuse to for all differences & controversies concerning ; hearing forever; but if Cap? Keayne do, hee shall bee debarred any further of the lawe. refuse, Goodm Sherman may take the benefit the Wheelers of &67 Wee thinke some quantity of land may bee granted within two years they make Concord, & the reste in that petition, i)vided that
some good improvement of it. 52 THE KECORDS OF THE COLONY OF
16 4 3. M' Higgesons petition is thus answered : Wee can find no record about
the matter of this petition, but that the petition"^ might have liberty to print it, 17 October. & make his best of it, w"'' is the answere now to this petition ; if any pticuler
psons disswaded him fro" the printing of it, & thereby occasioned his losse,
they, & not the Co''t, are to give him satisfaction.
M'' John Allen, the pasto'' of Dedham, is granted 200 afi of land, to bee layd out by Eleazer Lusher & Edmond Kice.
The Governo"" was desired to write to the Indians, to request them to send
us the captives w"** they have taken of the English, M" Hutchinsons & M'
Samfords children.
[*40.] *M'' Biscoe his petition is remitted to 50sh^, & that to bee taken.
John Stow'^s fine of 40' upon M"' Philips his petition is remitted.
John Procto' is exempt from training, paying to the company 20' for the time past, & 5sh' p @ for the time to come.
Gorton. It is ordered that Samu : Gorton shalbee confined to Charlstowne, there to
bee set on worke, & to weare such boults or irons as may hind'' his escape, &
to continue dureing the pleasure of the Co't ; pvided that if hee shall breake
his said confijaem', or shall in the meane time, either by speach or writing,
publish, declare, or maintaine any of the blasphemes or abominable heresies
wherew"* hee hath bene charged by the Gen''all Co't, conteined in either of the
two books sent unto us by him or Handle Holden, or shall repach or repve
the churches of o'' Lord Jesus Christ in these United Colonies, or the civill
governm', or the publiq, ordinances of God therein, (unless it bee by answere
to some c[uestion ppounded to him, or conference w"* any elder, or w* any other licensed to speake w* him privately, under the hand of one of the
Assistants,) that imediately upon accusation of any such writing or speach, hee
shall by such Assistant, to whom such accusation shalbee brought, bee coinitted
to prison, till the next Co't of Assistants, then & there to bee tryed by a iury,
whether hee hath so spoken or written, «fe upon his convixion thereof shalbee
condemned to death & executed. Dated the S"" of the 9 A, 1643./ John "Wicks, Randle Holden, Eob't Potter, Eich'd Carder, Franc Weston,
& John Warner are confined upon the same conditions.
John Wicks, to Ipswich,
Randle Holden, to Salem, All these are upon
Robert Potter, to Rowley, the same conditions Rich'"d Carder, to Roxberry, that Samuell Gorton,
Franc Weston, to Dorchesf, aboue named, is.
John Warner, to Boston. ;
THE MASSACHUSETTS BAY IN NEW ENGLAND.
Willi Woddell is confined to : Watertowne dureing the pleasure of the Co-t, & if hec escape, to bee punished as this Court, or the Co't of Assistants, shall thinke mecte. 17 October.
The Treasurer was ordered to satisfy Cap? Cooke for the souldiers, for Thorn : Parris, the surgeon, 40sh'. M' John Bulkele^40sh% Sergent Samu: Greene 3*, Leif? Atherton & Edward Johnson, five pound a peece.
Cap? Cooke ten pounds, pt of the 20* in his owne hands. It is ordered, that M"^ Bellingham should have 50* alowed him for the M' BeU., 50". years hee was Governo'.
It is ordered, that M' Winthrope, the fsent Gov'no'', should have 50* M'Winth.,50''. alowed him for the last yeare.
It is ordered, that Christopher Holmes shall pay 5*, & bee dismised. It is ordered, that John More shall pay 5*, or bee put to servise till hee
have paid it.
It is ordered, that Eich''d Harkot shalbee put to M'^ Batter for one yeare,
to have meatc, drinke, & such wages as the Co't at Salem shall thinke meete
& hee is not to go out jf Salem w"'out the leave of his m'.
It is ordered, that warrant shalbee directed fourthw"^ from this Co'^t, by Gorton,
the Secretary, to the cunstables of the scverall townes to w"*" Samu : Gorton
& the rest of that company are confined, to this effect, vizj : that w'4n one
weeke after the deliv'^y of such warrant they shall pvide a house & such things
as shalbee necessary for their lodging & support, & that they take course for
worke to bee pvided for them, for or toward their maintenance, & what they
cannot attaine by their worke is to bee supplied by the cunstables for the
]p>sent, their *bill of charges, being signed by any two magistrates, shalbee [*41. & ]
alowed by the Treasurer, fro™ time to time ; & if any of them ^vill x do such
worke as they may, & as shalbee appointed them, they are to bee left to shift as
they may ; & the cunstables are to pforra what is hearby enioyned them,
upon paine to bee fined for their neglect at any Co''t where it shalbee psented
or complained of.
It is ordered, that all such cattle of Samu : Gortons, John Greens, as have bene seized, or shalbee seized, for the satisfaction of x charges as the coun- charges try hath bene put unto by sending to x , fetching them in, & other about the tryall in the Court, & expences in the prison, or otherwise, shalbee appi-aised and sould to the most advantage, & disposed of accordingly ; & the overplus to bee reserved by the Treasurer towards their maintenance.
Eich''d "Waterman is dismissed for the ^sent, so that what is x en of
his estate is bound in his is to go toward payment of the charge, & the rest of 54 THE RECORDS OF THE COLONY OF
164 3. an 100* that hee shall appear at the Generall Co't the 3"^ A> & not to depart w*''out licence, & to submit to the order of the Co't. 17 October. Nicholas Power, appearing, & deniing that hee set his hand to the first booke, was dismissed w"' an admonition. The magistrates & deputies of the near townes are appointed a comitte to
consider of the declaration, & to answer M' Maverira: & Thorn : MarshaUs petitions, & to finish things in hand. James Parr, haveing his house & things burnt, was granted four pounds
out of the treasury.
Thom : Marshalls petition is granted, & hee is „ „ ^ ,^
Gorton. For appraising the cattle brought from Providence, the prisoners have
liberty to name two, RoVt Turner & the souldiers two, the Co't one ; the
prison^'s refusing, the Co'^t, Rob't Turn', & the x ers chose M' Colebron,
John Johnson, & Willi : Parks.
M"" Mavericks fine is abated to 20*, & for that Cap^ x biU is accepted.
Collecota al- M' Collecot is alowed for his two ioumeys 3*, & for his horse x ; the low. other three men 10' p weeke a peece. « The comitte was adiourned to the 16*'' of the O"" &.
Oorton, If the souldiers did kill Stewkley "Wasket a lamb, the Treasurer is to
alow for it.
Willi : Scut his fine of 10* is remitted to 20sh% upon his petition.
Jenken Davies, upon his wifes petition, hath liberty granted to leave of
his roape dureing the Co'ts pleasure.
1643-4. *A Generall Co% held at Boston, the T" of First M% 1643-1644.
March. 7 Present, The Gov'no', M' Bradstreete, [*42.] The Deputy Gov', M' Hibbens, M' Dudley, M' FHnt, M' Bellingha, M' Symonds,
M' Winthrope, lu :, Incr : Nowell.
Deputies ^sent,
Willi : HUton, John Lowell,
Willi : Haward, Hen: Short,
Samu : Dudley, Mathewe Boyce, Edw"* Winslowe, Edward Carlton, THE MASSACHUSETTS BAY IN NEW ENGLAND. 55
Dan : Denison, X WiUard, 1643-4. John Tuttle, X Hayne,
Joseph Bachiler, X Johnson, 7 March
X o ; Norton, X Hawkins,
X a : Downing, X Tynge, W"^ Hathome^, Joseph Weld, X Ro: Bridges, X Johnson, EdV* Tomlins, X Glover,
Ro : Sedgwick, X atha : Duncan, X Sprage, X Basse,
Geo : Cooke, X r Backet,
Sam ; Sheop^'d, X Tory, Thomas Mayhewe, X HoUisU,
X Mason, X ho : Eames, X Lusher, X a Hubb'd,
X Chick'ing, X e : Winthrope.
WOSSAMEGON, Nashowanon, Cutshamache, Mascanomet, & Squa Sachim did volentarily submit themselves to us, as appeareth by their covenant subscribed w"* their own hands, hear following, & oth' articles to w"*" they consented.
Wee have & by these presents do voluntarily, & w^'out any constraint or 566-
pswasion, but of o'' owne free motion, put o'selues, o' subiects, lands, & estates under the government & iurisdiction of the Massachusets, to bee governed & ptected by them, according to their iust lawes & orders, so farr as wee shalbee
made capable of understanding them ; & wee do pmise for o^'selues, & all o'
subiects, & all o' posterity, to bee true & faithfull to the said government, &
ayding to the maintenance thereof, to o' best ability, & fro" time to time
to give speedy notice of any conspiracy, attempt, or evill intension of any
which wee shall know or heareof against the same ; & wee do pmise to bee willing fro™ time to time to bee instructed in the knowledg & worship of God.
8*'^ first A, In witnes whereof wee have hereunto put o'' hands the of the @ 1643-1644. CUTSHAMACHE,^„^ NASHOWANON, WOSSAMEGON, MASKANOMETT, SQUA SACHIM.
Certeine Questions ppounded to the Indians, and Answears.
earth, not to F. To worship y= onely true God, vi^" made heaven & & blaspheme him. OF 56 THE RECOKDS OP THE COLONY
spealce well 1643-4. An: We do desire to rev'ence y^ God of y» English, & to ,— than oth' gods do to — of Mm, because wee see hee doth better to y^ English 7 March. others. know not w' swering is 2. Not to swear falcely. An : They say they among y". day, especially w'^in 3. Not to do any unnecessary worke on y" Saboth to they have not much to y gates of Christian townes. An : It is easy y" ; do on any day, & they can well take their ease on y' day.
4. To bono' their parents & all their supio's.
so, for the inferio'"s to bono'" their supio's. An : It is their custome to do
5. To kill no man w^'out iust cause & iust authority.
so. An : This is good, & they desire to do
6. To comit no unclean lust, as fornication, adultery, incest, rape,
of do it, sodomy, buggery, or beastiality. An : Though sometime some y"
yet they count that naught, & do not alow it. 6"^ quere. 7. Not to steale. An : They say to y' as to y«
To suffer their children to learn to reade Gods word, y* they may learn
to know God aright, & worship him in his owne way.
They say, as oportunity will serve, & Enghsh live among y™, they desire
so to do.
That they should not bee idle. To these they consented, acknowledging y™ to bee good.
Being received by us, they ^sented 26 fathome of wampam, & the Court
directed the Treasurer to give them five coats, two yards in a coate, of red
cloth, & a potfuU of wine.
[*43.] *That for the meetings appointed by the last Court for election of sergent maiors, & such sheirs as cannot by reason of this Court meete & accomplish
the same according to the intent of the former order, shall take a weeke or a
fortnight more, so as the service may bee duely pformed, & the dayes bee
appointed by the deputies of such sheires.
Castle n''. It is ordered, that it shalbee lawfull for the inhabitants of the townes
w*in the Bay, or any convenient number of them, to erect a fortification upon
the Castle Hand, such as the ^sent time & their abilities will give liberty and
oportunity unto, & to repair the batteries there, or any of them, & to main-
taine the same, & to keepe such garrison there, as the necessary defence of the
place shall require ; & that they shall have liberty to take back unto the said
iland such ordinance & amunition as was lately fetched from thence, or so
much thereof as they shall make use of, any former order to the contrary not- withstanding. —
THE MASSACHUSETTS BAY IN NEW ENGLAND. 57
Peter Bracket is alowed clarke of the writts at Braintree. 1 G 4 3-4. ' Willi Fiske is appointed "" "< : & alowed to keepe an ordinary at Wennam. In "'"'''' regard of the defect of freemen at Marblehead, it is ordered, that the ^ inhabitants of Salem shall have liberty to coinend some honest & able man, though hee be not a freeman, & the Deputy Governo' shall have power (if hee thinke him fit) to give him the oath for cunstable of that place, to con- tinue till this Co't shall take further order.
When the townes in the Bay shall have repaired the two in Castle Hand, Castle 11.
& mounted the ordinance, & erected a fortification there of fifetye footc square w'^'in, the wall ten foote thick at least, & height pportionable, w"" stone, timber, & earth, & a sufficient garrison of twenty men at least pvided for the defence of it, this Court will alow one hundred pounds p @ towards the maintenance thereof, & this C'oui't A^dll also alowe, towards this vv'orke, & the
secureing of the other passage by Byrd Hand, one hundred pound, to bee paid when both the said works shalbee finished. And it is further ordered,
that notw^'standing the charge to bee defrayed by the townes in the Bay, yet
the said fortifications to bee still accounted to belong to the country, & this
Co'^t, or the councell of warr, from time to time to have the comaund & dis-
posall thereof, as occasion shall require.
And it is further ordered, that there shalbee five barrells of powder, & a
suitable pportion of shot, alowed to the Castle for the ^sent, w"^*" is not to bee
spent but for the defence of the place, & ordinai-y salutation of ships.
well Ki Frost. Nicholas Frost his sentence of banishment is taken of, hee being ;
reported of.
that company who now Gorton, It is ordered, that Samu : Gorton, & the rest of
stand confined, shalbee set at liberty, pvided, that if they, or any of them, of our shall, after fourteene dayes after such inlargment, come w"=in any part
*iurisdiction, ether in the INIassachusets, or in or ncare Providence, or any of [*44.] then the lands of Pumhom or Sochonocho, or elsewhere w"'in o"^ iurisdiction, such person or psons shalbee apfhended wheresoever they may bee taken, & pvided, also, that dureing all their con- shall suffer death by course of lawe ; fourteen dayes, they tinuance in o' bounds, inhabiting for the said time of their former confinement, upon shalbee still bound to the rest of the articles of
the penulty therein ex^ssed. of powder, paying for it in Strawberry Bank is granted to have a barrell granted formerly to Northam. dry fish, as Dover is to do for the barrell for one smith of Boston;to bee ap- Indians. It is ordered, that it shalbee lawfull of those sachlms w^" have pointed by the magistrates there to amend the guns a marke upon such peeces submitted themselves to o' goverm', & that hee set
VOL. II. ^ 58 THE EECORDS OP THE COLONY OF
164 3-4. of theirs as hee shall mend, so as no other may bee amended under colo'
'* thereof; & by this order is not intended the peaces of their men, but onely 7 Marcli. one for every of themselues ; & that it shalbee lawfull for the Govemo' for the
time being to licence any man to sell to the said sachims four pound of powder
for one yeare, & so fourth on, & shot answerable, pvided care bee taken they
have not more then is intended.
In the case of difference between the late widow of Thorn : "Wilson, of
Excetter, & his eldest sonne, forasmuch as both parties are not ^sent, it is
referred to the Co''t at Ipswich to heare & determine the cause.
In the case of "William Davies, dying intestate, it is ordered, the eldest
Sonne to have tAventy marks, the other sonne, a yonger daughter by his former
wife, sixe pound a peece, the eldest daughter two pound, & the widow to have
the rest for her selfe, & bringing up of the two yonger children, & at twenty
years of age, or at their marriage, to give them five pound a peece, & if any
losse come, to make the estate less then one hundred pounds, to abate each
pportionablely.
Ab' Aimitage It is ordered, that it shalbee referred to M' Hathorne, M'' Downeing, & M' & Oatly. Bishope, to here & determine the difference between M'' Otely & Goodfii Armitage,
& they have power to examine witnesses upon oath.
667— It was declared, that the former coiiiission to the gentlemen appointed to
keepe Co't at Pascataq, is of force still ; & those gentlemen were desired, & M"^
Bellingham w"* them, that they, or some two of them, would repair thither,
w"' all convenient specde, to keepe Co''t there ; & it is desired that M"^ Belling-
ham & M"^ Saltonstall would pforme it this time.
Gen Court de- Forasmuch as, after long experience, wee find divers inconveniences in the
mann'' of o' pceeding in Co'^ts ma'"^" aparte. by & deputies siting together, & account-
ing it wisdome to follow the laudable practice of other states who have layd
groundworks for government & order in the issuing of busines of greatest & highest consequence, —
[*45.] *It is therefore ordered, first, that the magistrates may sit & act busines
by themselues, by drawing up bills & orders w* they shall see good in their
wisdome, w'='' haveing agreed upon, they may g>sent them to the deputies to
bee considered of, how good & wholesome such orders are for the country, &
accordingly to give their assent or dissent, the deputies in like mann' siting a
pt by themselues, & consulting about such orders & lawes as they in their dis- cretion & expience shall find meete for coiiion good, w'='' agreed upon by them,
they may Jpisent to the magistrats, who, according to their wisdome, haveing seriously considered of them, may consent unto them or disalow them ; & when ;
THE MASSACHUSETTS BAY IN NEW ENGLAND. 59
any orders have passed the appbatlon of both ma'-t^ & deputies, then such 1 6 4 3-4. orders to bee "" ingrossed, in the last ' & day of the Court to bee read deliberately, » & full assent to bee given pvided, also, that ^^""''" ; all matfs of iudicature v^^ this Co-'t shall take cognisance of shalbec issued in like manner. Upon heareing the difference of a considerable pt of the train band in Hampton, their now Lelft AVilli : & Ilaward, the Coa not finding any iust cause to remove him out of that office, yet upon his desire, & o' care for recon- ciling brethren, & for the furtherance of the service intended, this Co't doth order that Cap? Denison shall have liberty & power to exercise the said com- pany when hee shalbee desired, yet so as Leif? Haward shall not bee excluded
& wee do re^uir & shall expect that the company will chearfuUy attend that
service, under the comaund of them both, in such manner as they both shall
see cause to order it.
M"' Robert Saltonstalls petition against Watertowne is referred to comis-
sion'"s, M"^ Secretaiy, 11' Hibbens, & M' Samu : Sheopard, to hear & determine
it, if they, or any two of them, can agree, otherwise to certify, id, to the next
Gen''all Co''t, & they may examine witnesses upon oath.
Upon Bray Wilkins petition, it is ordered, that the five pound due fro"
him for his boy should remaine in his hands till, upon the death or recovery
of the boy, this Co''t should take further order.
Thorn : Dexters petition is answered, there is two months given him to pve his debt from the country.
Whereas the order for the recording of deaths, births, & marriages is very 568— Birthes, buri- usefull & necessaiy, & yet it hath bene in many places much neglected, it is or- alls, marriages. dered, that all parents, masters of servants, executor's, & administrato's respective-
ly, shall stand charged to bring into the clarks of the writs the names of such,
belonging to them, or any of them, as shall either bee borne or dye, & that the
newe married man shall stand likewise bound to bring in a certificate of his
marriage, under the hand of that ma'""*'" w* married him, to the clai-ke of the
writts, who shall, under the penulty of twenty shillings, bring a certificate
under his hand, w"' a penny a name, aswell for the recording of marriages as
it belong shall forfeit the rest ; & for each neglect the pson to whom doth as
followeth, vizj : If any pson shall neglect to bring in a note, or certificate, as aforesaid, together w* three pence a name, to the said clarke of the writs, to be *recordcd above one month after such birth, death, or marriage, hee shall [*46.]
then pay slxepence to the said clarke ; if hee neglect two months, twelue
shillings vf^^ forfeits shalbee returned into the pence ; if three months, five ; the grandiuries were minded to treasury ; also, wee tlrinke it were meete psent such defaulters as they take notice of against the intent of this order. :
60 THE KECORDS OP THE COLONY OP
1643-4. The petition of M' Valentine Hill, Cap? Rob-^t Sedgwick, M' Willi
Tinge, Treasurer, M"" Franc Norton, M"" Thorn : Clarke, Josua Hcwes, & 7 March.
"Willi : Aspinwall is granted them. 569- liberty to Monop. of First, they are established a free company of adventurers, w"^ Indian trade. admit & take in any w'^^ they thinke meete for the advancment of the
worke, & any that will may come in w^'in this month ; but none after, except
they appve of them ; they are granted power to make such wholsome orders
for the well managing of their trade as is granted to such companies in other
parts : 2'^. That whatsoever trade they shall discover in those parts w"^in three
yeares next ensuing, (if the Lord so blesse their endeavo'^s,) they may enioy it
solely to themselues & the rest of their company for twenty & one yeares
after such discovery is made, w*** full power & authority from this Court to
inhibite & restraine any other pson or psons whatsoever, during the tearme
aforesaid, that shall attempt any trade (by them discov''ed) w"'out the warrant
of the aforesaid company ; or if they have or shall intermeddle, as aforesaid,
that then it may bee lawfuU for the company in a legall way to seize upon such
goods so traded : & lastly, they are granted the Co'ts letters, under the publiq,
seale, vmto the Dutch or Swedes, or any other they may necessarily have to do
w"' in the psecution of this discovery or trade, for the furth' countenancing of
their pceedings.
M' Dudley. Upon the petition of Thorn : Dudley, Es^ : Whereas, by a deed bearing
date the 29"" of May, 1639, the halfe mill of Watertown was mortgaged unto
Mathewe Cradock, w"'' the petitioner hath redeemed, it is therefore ordered,
that the deede of mortgage bee delivered rmto the said M"^ Dudley, & this
Co'"t doth confirme the estate, right, & title of the said halfe mill unto him,
the said Thom : Dudley, & his heires, against the heires & assignes of him,
the said Mathew Cradock, according to the covenant in the deede aforesaid.
570- It is ordered, that the lands & estates of all men, where ever they dwell,
are lyable to bee rated for all towne charges where the lands & estates lye, their psons to bee rated to church & comon welth in the places where they
dwell ; but in case they remove out of o'' iurisdiction, then their estates to bee rated to aU charges.
Marblehead hath leave granted to fortify it selfe, by a breast worke or otherwise, & two guns to bee delivered imto them, w"" convenient amunition
suitable there to.
The motion for a coppey of the patent & coinission according to the
tenure, id, is granted to Newehaven.
[*47.] Dover petition, ^S. The gentlemen who are desired to keepe *the com-t at ,
THE MASSACHUSETTS BAY IN NEW ENGLAND. 61
Pascataq, are desired to vehv & examine the complaint, & to certify the 164 3-4. next Co't. •-—^ '
It is ordered, that Benedick Arnokl may sell some powder & shot to Pumhom & Sochonocho, pvided that hee let them not have above three pound a peece through the whole year ; & it shalbee la^yfull for the said Benedict to imploy that Indian ^v''^ hee keepeth as his servant to shoote in a peece for the use of him, the said Benedict, so long as hee shall continue in his family.
Daniell Fairfeild is alowed to go to work w"'in any part of Boston lymits, both in the ilands & elsewhere, & also at Roxberry, so as hee go not above five iniles from Boston meeting house.
The gen'"all covenant for matfs of religion & civill liberties was taken into consideration, & ordered that lett^'* should bee written to the other United
Colonies to advise w"' them about it, & the eld" also to bee advised w* about it against the next Court.
For the Castle Hand, it is ordered, that those townes in the Bay who are Cast. il. to carry on the worke there shall have power to appoint a coinander there till the next Co^ & hee to observe the coinission so farr as the defenciblenes of the place will give leave & oportunity.
It is ordered, that the Governo', IM"' Dudley, & IM' Hibbens, these, or any two of them, shalbe a coiiiitte to consider of the body of liberties against the next Gen''all Court, what is fit to bee repealed or alowed, & fsent the same to the next Co^'t. Also, the magistrates residing at Ipswich, or any two of them, are
appointed a coinitte for the same purpose, that so the Co''t confering both
to"-ethcr, may more easily determine what to settle about the same.
that w'^'' It is ordered, that Richard Bellingham, Es^, should finish was formerly coiTntted to him, about the perusing the booke of laws, id, & to psent the same to the next Co''t, The answers to the ^positions for the iron works were granted, w* 571-
„ , Monop. of iron loUow : works.
granted the sole priviledge in o-^ To the first article, the undertakers are liberty to ioyne till the iurisdiction for twenty & one yeares, and any to have pound under one head, & end of the first month, puting in one hundred for the countrys use. pvidcd that after two yeares they make sufficient
it is w'Hn the Co'ts To the second ^position, concerning mens i)priety, to the freemen & others, & they doubt not of power ; but they will ppound lands not granted formerly, they consent. their consent ; & for wast desired but to inhab- To the 3"^ ^position, in wasts is granted what is ;
ited land it is answered as before. 62 THE RECORDS OF THE COLONY OF
16 4 3-4. The 4"^ is answered as the former.
To the 5*^ ^position it is answered, in pprieties, as before, in wasts it is 7 March. granted, pvided they take not above six places, & do w'Mn ten years set up an
iron furnace forge in each of the places, & not a blomery onely, pvided the
[*48.] Co''t may grant a plantation in any place where *the Co-^t thinketh meete, w* may not hinder their ^sent pceeding.
To the G"" ^position, they are granted liberty to transport what the inhab-
itants neede not.
The 7"^ & 8"' are granted onely liberty till the next Co't.
To the 10"^, that the undertakers & their agents, associats, & servants
shall for ten years bee free fro" publiq. charges & taxations, for any stock they
imply in this adventure ; for priviledges, to have such as the lawes of the
country doth alow j reserving liberty to consider of the lands till the next
Co^ if the works bee deserted.
Sergent maiors to bee chosen at ^sent for one yeare onely.
It is ordered, that the next Co''t at Ipswich shall examine the late mutiny
there, & determine it, except they see cause to referr it to this Co''t, or the
Co'^t of Assistants, & that they shall also have power to moderate the fines for
defaulters in matter of armes & not appearing at trainings for the time past, as
they shall see cause,
shawstin gr'd Shawshin is granted to Cambridg, w*^out any condition of makeing a vil-
am 11 g. j^gg there ; & the land between them & Concord is granted them, all save
what is forsSlly granted to the millltary company or others, pvided the church
& ^sent elders continue at Cambridge.
It was voted, that the 30* behind, due, for smaller & Quart' Co'ts, to
Goo : Eob''t Turner, the mai-shall should get up what hce can, & y* publiq, to
defray the rest.
Mather. M' Madder to bee desired to ;Ppare himselfe to f>ach to y' assembly at to M' Madder „ , /-i ... i' t-ii ^^^Xt Co^t of Election. preach election J ^^™°"- Anthony Em''y, of Dover, his petition is refered to y* next Co't at Dover,
& hee is alowed liberty to draw out his wine in the meane time.
M"' Downing his petition is granted, as y" comitte have certified.
M'^ Treasurer, M"' Glovei-, M'' Johnson, & Eleazer Lusher are appointed
coinission''s, or any three of them, to veiwe the place, ^<3, & to certify at the
next Co''t.
Sachr« lent. It was Ordered, that the Treasurer should attend the spedy discharge of
M' Rainsborow his debt, w"» the alowance of twenty pound forbearance for
the time past, & the loane of two sachars for 2 greaf peeces for one voyage. THE MASSACHUSETTS BAY IN NEW ENGLAND. 63
The debt of John "Wood of twenty pounds Is respited for two yeares, in 164 3-4.
' ' regard of his great losse. r ^'"'^' John 6'i Coggeswell is granted to pay 16* 12sh' the 8"^ A next, & 16. ^ 12. e-i the 8* &, 1645, upon his petition.
A Coppey of the Coiiiission for the Cap? of the Castle.
Whereas yo'', A B, are by this Co't chosen & appointed coiiiaund"^ in 572-
^''p' ^'^' ^"^ cheife of the Castle Hand, & the sev^all works belongius thereunto, togeth'^ ^- ' o comiss. w"» the souldiars as shall from time to time be residing thereupon, w* this
Co^'t doth comit to yo"^ trust & governm', authorishing you hereby to take into
yo'^ charge & safe keeping the said iland. Castle, & batteries, w"'' now are or
hereafter shalbe made upon the said iland, togeth'' w"" all the ordinance &
other aiiiunition w<^'^ shall fro™ time to time bo deliv''ed unto yo", so as yo"
may be able to render a iust account thcrof whensoev'' this Co''t shall rec[uire the same.
3. When the said Castle, ^i3, shalbe finished, & once a garrison of tM-enty
men or more coinltted to yo", yo" are hereby required to take care that there
be never fewer then twenty men remaining upon the said iland for the defence
of the said Castle, from the first of the first month *till the end of the 8th in, [*49.]
& never lesse then ten for the other part of the year ; also, yo" are from time
to- time, night & day, to keepe a due watch proportionable to the number of
yo' present garrison.
3. Yo" are, in time of apparent danger or iust suspitlon, to cause to come
to an anchor any ship or ships, that, coming w'^in shot of the said Castle, shall
neglect or refuse to send ashore her boato, w"" her coquet, or charter party, &
to satisfy that shee is a freind, w'^'' yo" are to do after this mann'' : first, by
making one shot thwart her fore foote ; 2'y, if yet shee neglect, by shooting her, continuing right over her ; & lastly, by indeavo'ing to shoote through
^y'^^ yo" shall so to do till yo'' have brought her under coinaund : being done, requir & take of her ten shillings for the first shot, twenty shillings for the S"*,
3" if any shot at the Castle, or forced & five pound for the ^ & shee have made cause yo" to make more at her, then j'o" are to keepe her under couiaund, & M-hat to do from her to bring her saylcs a shore till yo" have further direction
such as shall have power to determine such cases. said Castle And for pinnaces or boates, yo" shall suff'er none to passe the in the day in the night w*out giving due satisfixction that they are freinds, & ground of suspition, yo>^ 'time, if the number of them, or men in them, give may hale them, & bring them under comaund. twenty tuns or 4. Yo" shall not suffer any ship, or other vessell of OF 64 THE KEC0RD3 OF THE COLONY
w'^in this iurisdic- 16 4 3-4. upwards, y« great' number of y" owners not being Inhabitants
' ' the said Castle tion, as also all such vessels as are o"' confederates, to passe by March. 7 to take G* a ^^^^^^^.^ bound, except hee have payd unto y^ officer appointed the hand of tun for anchorage, & shewe yo" a discharge for her clearing und' best meanes the Governo', or Deputy Gov'n'-, (for the time being,) but use y«
yo" can to stop her, or sink her if shee refuse so to do. a flag, upon 5. Upon the sight of a ship, yo-^ shall fourthw"^ hang out & pin- sight, or certeine intelligence, of two or more unknowne ships, or many
naces, being upon the coast, yo" are forthw*"^ to give warning therof by shoot-
ing of a peece of ordinance, & giveing a furth"' signall by hanging out so many ships, flags in the day time, or making so many fires in the night, as there are ships, or accounting tliree pinnaces to one ship ; & if there be more then four
pinnaces pportionable, yo" shall hang out a great flag in the day & fire the
beacon in the night.
6. In case yo" bee assaulted by an enemy, yo" shall use yo"" best skill, &
do yo' utmost endevo', by the help yo" have & such succo's as shall be fur-
ther sent unto yo", to defend the said Castle, & destroy yo' enemies, & shall
not render up the said Castle to any enemy till by force yo" be absolutely com-
pelled thereunto, & then to do it upon the hono'ablest tearmes for this comon wealth w* may possibly bee attained.
7. Yo" have hereby power granted to imprison or put in boults any of
yo' said garrison that shall neglect or refuse to obey yo' lawfuU comaunds, or
to inflict some lesser punishm* suitable to his or their ofience, pvided that yo"
shall not imprison any ofiender above 24 houres w^^out releasing him, or
bringing him to a further tryall, unlesse the season of the weather or some
oth' impedim' doth necessarily ^vent, in w"*" case the next oportunity is to be
taken.
8. For salutations of ships, ^6, yo" shall observe this order : For 3 peeces
fro™ a ship to 7, yo" shall answer w"» one, & for 7 or more w"* 3, & not above ;
& for oth' salutations & expence of powder, yo" shall be as sparing as may well
stand w"" the hono' of yo' selfe & country.
9. Untill the aforesaid Castle & works be finished, or made defencible,
yo" shall onely be bound to follow this coinission & instructions so farr as con-
veniently yo" may, & as may most tend to the coinon safety.
10. Yo" shall peaceably deliv' up the said Castle ordinances & other aiiiu-
[*50.] nition, together w"' this coinission, to such as by authority of this Court *shall
require the same, & to no other pson except forced, as is afore limitted.
All penulties to be received by vertue of this coinission yo" shall reserve
to be implied to the use of the said fortifications & garrison by the advice of THE MASSACHUSETTS BAY IN NEW ENGLAND. 65 such as shall have the oversight thereof : notw'Manding the form' article of 16 4 3-4. ' keeping so iriLiny men alwayes upon the said Hand, yet when yo^ see y« coast ' ' to bee clear of any danger, yo" may have liberty to man out yo'' boate for the necessary occasion of the iland, so as they stay away no longer then the necessary occasions shall require, except hindered by tempest.
Yo" are not to deliver up any of the men of yo'' garrison, but onely upon warrant from the Co''t, or the Con of Assistants, or the Governor or, in his absence, the Deputy & two Assistants, so that the townes, before such be sent for, send oth''s in their roome.
This coiuission to bee of force till the end of the next Gen^'all Co% & no longer, except confirmed by this Co''t.
Jolin Saund''s his fine is abated to forty shillings, wherof 8sh° to the wit- nesses, so as }\ee send it in by the next Gen^'all Co''t.
The coinission above, w"' the alterations, was confirmed the S"' &, 1645,
to Cap? Rich : Davenport.
Lastly, for further direction & explanation of his comission, hee is refered to y* answ^'s to his IT questions ppounded to y^ Co''t.
Held at Boston, 5"" A, 1645. See after, nomt 589.
To Rich^d Davenport, Cap? of the Fort of the Massachusets, at Castle Hand.
Yo" are hereby authorished, & full power is given to yo" at any time, to Instructions, require of John Johnson, survey' gen'all of y° countryes armes & amunition,
all such armes & amunition as is alowed to yo" & y= garrison und' yo' comaund,
sufficient musket, sword, rest, & p' of bandilers, w"* viaj : for every souldier one
2 fathome of match for each musket ; & for store for yo' garrison one barrell besides for evfy of powd', 200 weight of musket shott, 60 fathome of match ; 4 peeces of ordinance now in yo' custody, or shall hereafter by ord' of this Co't be sent to yo", one barrell of powder, 20 great shot, & lOii of match. A coppye of this order, by yo" signed, shalbe a suffitient discharge to y* said John thereof, Johnson for his deliv'y of any such ^mises to yo", yo" takeing care & giveing account therfore, acco'ding to the Co't order.
Election at 4 *The 2T of the 3'" M% @ 1644. At a Gerfail Co't of 16 4 Boston. 29 May.
[*51.] P-SENT, The Gov'no', M' Bellingham, M' Saltonstall, The Deputy Go :, Winthrope, lu M' Dudly, M:' :,
VOL. II. 9 ;
6G THE BECORDS OP THE COLONY OP
16 4 4. M' Bradstreete, M' Hibbens,
' > M'^ Symonds — Incr : Nowell, 29 May. M' Flint,
Deputies ^sent.
Lei : Perkins, M' Willi : Hathorne, W™ Bozoon Allen, M' Ema : Downing, Porter, Maior Ko : Sedgwick, John Leif: Ra: Sprage, Thom: Brooke, M' Jn° Glover, Franc Chickling, Haward, Leif : Natha : Duncan, W™ Estowe, M' W"^ Tyng, Treas :, W™
: Duiner, Ca : Thom : Hawkins, M' Eich
M'' Hugh Prichard, M"' Sam : Dudley,
Willi : Parks, M' Edw" Carlton,
M' Tho : Mayhewe, Mathewe Boyse,
Leif: Hugh Mason, Ste : Eangsly, Mekins, Ca : Eo : Bridges, Thom:
M' Edwi Tomlins, Willi : Ward,
Ca : Geo : Cooke, Willi : Hilton,
M'^ Na : Sparhauke, M' Ste : Winthrope,
M' W™ Hubberd, M' Willi : Stevens, Joseph Meadcalfe, Leif: Edw* Johnson, Edw* Eawson, Joseph Bachiler. W-" Tory, JOHN ENDECOT, Es^, was chosen Gov'no', & tooke his oath to y' place. John Winthrope, Es^*, was chosen Deputy Gov'', & tooke his oath.
Thom : Dudly, Es^, was chosen an Assistant, & tooke his oath-
E.ich'd Bellingham, Esqp, was chosen an Assistant, & tooke his oath.
Eich'^d Saltonstall, Es^, was chosen an Assistant, & tooke his oath.
M"^ John Winthrope, luni., was chosen an Assistant, & tooke his oath.
M'' Symon Bradstreete was chosen an Assistant, & tooke his oath. Increase Nowell was chosen an Assistant, & tooke his oath.
M' Israeli Stoughton was chosen an Assistant.
M'^ Thom : Flint was chosen an Assistant, & tooke his oath to y* place.
M^ Willi : Hibbens was chosen an Assistant, & tooke his oath.
M' Samuell Symonds was chosen an Assistant, & tooke his oath.
M' Willi : Pinchen was chosen an Assistant.
Thomas Dudly, Es^, was chosen Sergeant Maior Gen'all.
Increase Nowell was chosen Secretary for this yeare.
M'' Willi : Tyng was chosen Treasurer for this yeare.
It is ord''ed that M' David Yale, agent to M' Foxcroft, shall bring into THE MASSACHUSETTS BAY IN NEW ENGLAND. this Co'-t a true inventory of what estate he hath in his hands (or that he knows to be in y" hands of any other in this colony of the said M' Foxcrofts) w'l^in six dayes ensuing, in case y^ said Yale refuse to give M-" Seawall satis- faction content for a & debt upon w-^" ^e j^^t^ ^^ execution granted him against the goods & chattells of the said M' Foxcroft.
M'' John Gore is granted leave to set his serv'. Thorn : Reeves, free. 573, Upon the petition of Edw<> Browne, survey' of the armes at Ipswich,
It is ordered, that all inhabitants, as well seamen as oth-'s, are to have
armes in their houses alwayes ready fixt for service.
In consideration of the great default & neglect of the inhabitants of
Marble Head, in not exercising themselues in martiall discipline, —
It is ordered, that the Inhabitants of Marble Head shall make choyce of
some one of them, who shall ex'^cise the rest, that they may not be to seeke
when speciall occations call for their assistance.
It is ord''ed, that M"^ Wheelright (upon a pticuler, solemne, & serious
acknowledgm' & confession by letters of his evill carriages, & of y' Co^s
iustice upon him for them) hath his banishm' taken of, & is received in as a member of the coinon wealth.
It is ord'^ed, that the Deputy Gov', M' Winthi-ope, (o' late Gov'no',) should
be alowed one hundred pounds for his last years service.
It is ord'ed, (at the req^uest of the towne of Glocester,) that George
Norton (as their eldest sergent) shall ex'cise their millitary company.
It is ordered, (at the request of the freefii of Glocester,) that Thomas
Smyth (in the roome of M' Stevens) shalbe one of the three men of the towne
to end small controversies.
It is ord'ed, that it shall & may be lawfull for the deputies of the Co't to
advise w"* their eld's & freemen, & take into serious consideration wheth' God
do not expect that all the inhabitants of this plantation alowe to their ma*™'% &
all other y' are called to country service, a pportionable alowance, answerable
to their places & implim'^, & all other that ai-e called to countiy service, & (if
so) upon what grounds, & that they send in their determinations & conclu-
sions the next Gen'all Co't. M' Bellingham, M' Saltonstall, & M' Symonds are appointed a comitte, & have full power to heare & determine all businesses at Hampton, both about their differences, offences, & a new plantation, according to their sev'all petitions., M' Blackleach his petition about the Mores was consented to, to be herein, then fur- coinitted to the eld's, to enforme us of the mind of God & ther to consider it. inhabitants of Excet- [*53.] Whereas it appeares to this Co't that some of the 68 THE EECOKDS OF THE COLONY OF
ter do intend shortly to gather a churcli, & call M' Bachiler to be their min-
ister, & forasmuch as the divisions & contentions w"^ are amonge the inhabit- ants there are iudged by this Co^'t to bee such as for the fsent they cannot comfortably & w"' appbation pceed in so weighty & sacred affaires, it is there-
fore ordered, that direction shalbe fourthw"' sent to the said inhabitants to
deferr the gathering of any church, or other such pceeding, untill this Co''t or
the Co''t at Ipswich (upon further satisfaction of their reconciliation & fitnes)
shall give alowance thereunto.
The 20'" of the 8* &, 1640.
It is agreed by us whose names are hereunderwritten, that the line
betwixt the capl medowe & the corner bound at the marked tree shalbee di-
vided into three parts, wherof the cap? is to have one third & three pole, as
also at the other side of the plaine fro™ the. head line to the medows shalbe
so divided, & fro" thence upon a straight line one mile, the village bounds
upon Charlstowne head line. ROBi^T SEDGWICK, ABRAHAM PALMER, EDWD CONVERSE, RICH^D SADLER, RICH^D WALKER, THOM: MARSHALL.
By y commis- Whereas, in Gen'all Co't, 2 (4) 41, upon the tend' & request of cer- Bion's it is teine yelded to men now inhabitants of Seacunck, it is ord"'ed as foUoweth, viz' : that Plimoth. Seacunck, neer New Providence, shalbe accepted under o' government, if it
fall not in Plimoth patent ; & wheras wee und'^stand that now they addres
themselues to Plimoth iurisdiction, by reason of their claime (although noth-
ing have appeared to pve their right by patent, w'^'' wee were so tender of) &
an ap^hended neglect of the place by us, —
It is now ordered, & hereby declared, that this Co't doth esteem & repute Seacunck plantation in this iurisdiction, & that the inhabitants thereof are subiects to this goverm' ; pvided, if o' freinds at Plimoth or the inhabitants
of Seacunck shall doubt of the equity hereof, we shalbe content to refer the
resolution of the question to the comissiotfs for the United Colonies. It is ordered, that M' Downing, M' Hathorne, & Cap? Bridges shalbe
associats for Salem Co% & M' Dumer & M'' Hubberd shalbe associats for Ipswich Co't.
It is ordered, that the comission for the comaunders of the Castle shall
stand in force till the next session of this Co't. THE MASSACHUSETTS BAY IN NEW ENGLAND. 69
The Forme of the Comission to be granted to the Comission''s for the United 16 4 4. Colonies. """ f~— 29 May. At a Gen''all Co''t, houlden at Boston, for -f iurisdiction of the Massachu- Forme of com sets, the SD'" of the 3"^ &, 1644, M' Symon Bradstreete & M- WilHam Hath- u,^/coio5 erne were chosen coinission's for this colony, for a full & compleate year, as any occasions or exigents may require, & pticulerly for the next meeting at 5"» 7"^ Hartford the first day of the i?i, & were invested w"' fall power & authority to treat of & conclude of all things, according to the true teno"" & meaning of the articles of confed''ation of the United Colonies of New Eng- land, concluded at Boston the IQ"" of the S'^" &, 1643 ; & in case either of them bee hindered in this husines, either by sicknes or any other (the like) pvidence, that then M' Saltonstall may supply M'' Bradstreets place, & M""
Tynge, Treasurer, may supply M'' Hathornes place.
It is ordered, that for the better building of shiping w^^in this iurisdic- tion, & for the avoyding of many inconveniences w'='' now both owners & build''s are subiect unto, there be a company of that trade, according to the
mann'' of other *places, w"' power to regulate building of ships, & to make [*53.] such orders & lawes amongst themselues as may conduce to the publike good,
if any shall appear the next Co^ & ^sent lawes for consid''ation.
[For those made free 29 May, 1644, see the list at the end of this volume.]
"Whereas the civill warrs & dissentions in o' native country, through 575-
the seditious words & carriages of many evill affected psons, cause divisions
in many places of gov'^nmnt in America, some pfessing themselues for the
king, t& oth''s for the Parliament, not consid'^ing that the Parliament them-
selues pfesse that they stand for the king & Parliament against the malignant
Papists & delinquents in that kingdome, it is therefore ordered, that what pson
soever shall, by word, writing, or action, endeavo' to disturbe o'' peace, directly
is for the King of or indirectly, by drawing a party, under ftence that he England, & such as adioyne w"' him, against the Parliament, shalbe accounted be pceeded as an offender of an high nature against this coinon wealth, & to quality degree of his w^'^ either capitally or otherwise, according to the & pvided alwayes, that this shall not be extended against any marchant, offence ; for matter of trade and mar- strang'-s, & shipmen that come hither meerly pts that are in the hands chandize, albeit they should come from any of those Parliam', carriing them- of the king, & such as adhere to them against the any faction, mutiny, or selues here quietly, & free from raising or nurishing
sedition amongst us, as aforesaid. 70 THE RECORDS OP THE COLONY OF
It is ordered, that the councell shall direct their warrants (for payments
for the country) onely to the Treasurer for the time being, & that the Treas-
urer onely make or appoint the payment thereof.
It is ordered, that the Treasurer for the time being shall make enquiry
of whatever estate doth belong to the country, & to require the same of such
pson or psons as he shall find possest therew"", or any part thereof, & to make
those "who are possest of any of the countryes cattle, debtors for them, accord-
ing to the tearmes they claime them of at ^sent, or otherwise to dispose of
them, w"* the counsell or advice of M'' Glover & M' Prichet, or one of them,
as in their iudgments they thinke best for the countryes advantage, that at all
times on his account we may the better find how it stands w**^ all the country
estate, & that he may the better satisfy what we are indebted.
It is ordered, that Thomas Dexter shalbe forborne sixe or eight pound
till the next session of this Co''t, pvided that this may not damnify the coun-
try (by what may fall out upon the estate of the petition"' in the meane time)
of any due debt from the said petitioner.
It is ordered, that the towne of Roxberry shall have twenty sacre shot
dehv'ed them by the surveyor of the armes, for their 2 great guns, of w* M''
Prichet tooke charge.
It is ordered, that the towne of Dorchester shall have fourtye shot de-
liv'ed them by the surveyar of the armes for their three great guns, of w""" M' Duncan tooke charge.
It is ord'ed, that the towne of Linn shall have thirty sacre shot deliv'^ed
them by the surveyar of the armes for their t ^ great guns, of w'^'' Cap? Bridges tooke charge.
[*54.] It is ord''ed, M' WiUi : Hathorne, of Salem, shall be released *from the
ordinary trainings of eight times a year under Cap? Traske, in regard of many
country occasions in w"'' hee is implied, & if at any time he hath bene absent
fro™ those trainings heretofore, that he shalbe cleared from the same ; pvided,
if there be any millitary company in the countye of Essex, that hee shall ioyne himselfe w"" them.
It is ordered, that M"' Franc "Williams, M'' ^ PunneU, & Willi : Sher-
bone shall end small causes at Strawberry Banck.
M' Dunsters petition for the 400*, & other gifts fro™ England, is deferd
in regard the country stock is disperst into sev'all mens hands, that there can
be no determinate nor direct answer given till the next session of this Co't,
when the comitte shall have made returne. "'^~ It is ordered, that the coinission''s now appointed for this iurisdiction, & charges. such as shalbe so appointed fro™ time to time, for to meete w"^ the comis- THE MASSACHUSETTS BAY IN NEW ENGLAND. siotfs of the United Colonies, shall have their charges, w"> two men & four horses, during that service, alowed them out of the treasury.
It was ordered, that the 3''' day of the S"' A should be kept a day of
publike humiliation in all the churches in o' iurisdiction, iu regard of o' native
country, the sicknes, drought, & other dangers to o''selues.
It is ordered, the printer shall have leave to print the election sermon,
-vyth ]^/[r ]\lathers consent, & the artillery sermon, w"" M"' Nortons consent. Willi : Francklin is referd to the ma''^"'*^ ; if they see cause, hee may have
a second triall for his life the next Quarter CoH.
It is ordered, that the Co'^t shalbe adiourned untill the last 4*'^ day of the
8"* ifi next ; pvided, that if occasion shall requii-e, the Gov'^no' (or in his sicknes, death, or being surprized by an enemy, the Deputy Gov^'no') may have power
to suinon a meeting of tliis Co'^t before the day limited.
Upon it Fogs petition, it was granted, that what shalbe wanting in the
fees (for his supply) may be made up by the fines raised in Salem €0% as in their discretion they shall see meete.
Upon the petition of M"^ John Winthrope, Iimior, exhibited to this Co'"t, Pequod plant.
for leave to make a plantation at or near Pequott, it is ordered, that the
said petition is granted, & that the petition' shall have liberty to make a plan-
tation in the said Pequott country, w"" such others as shall ^sent themselues
to ioyne in the said plantation, & they shall enioy such liberties as are neces^
sary, & other farr remote plantations do enioy, & also to lay out a convenient
place for ii-on works, pvided, that a convenient number of fit psons to carry
on the said plantation do appear to psecute the same w'^n three yeares.
Dated the 28"> of the 4"^ A, 1644.
By order of the last Gen'^all Co^'t, wee, und'written, were appointed to Dover &
. . Strawberry ., quantity•^11*land question, hcare & examine the case concernmg a certeme 01 m ^^^^ contro- '''"^• between the towne of Dover, one the on side, & the inhabitants of Strawberry Banke.
In w^"^ case, haveing spent much time, & given a free & full hearing to
the parties aforesaid, wee find as foUoweth : —
First, that the inhabitants of Strawberry Banke do affirme they cannot 1.
make a toAvne w^'out the land in question; also, on the other side, it is ^ affirmed by the church & towne of Dover that they cannot continue & subsist, taken as a churche or towne, w*out the land in question ; so that this argum',
from the necessity of haveing & enloying the land *in question, lieth equall & [*55.]
things were pleaded w'''' wee in coinon to them both : under this head many cannot ground on, unlesse we had veiwed the bounds belonging both to
Straweberry Banke & Dover. Secondly, we find it is the earnest desire of 2. ;
72 THE RECOKDS OF THE COLONY OF
16 4 4. the inhabitants setled upon the land in question, that they may belong to
Dover j in w"*" desire of the inhabitants aforesaid there are two things con- 29 May.
siderable : 1st, that their accesse to the ordinances at Dover is much more easy
& convenient then at the other place. 2'^, that many of the inhabitants afore-
3. said are now members of the church at Dover. Thirdly, we find that the
land in question hath bene a long time planted & possessed by Dover, w'^'out
any interruption or opposition made against them, excepting onely what was
done by Cap? Neale, whose pceedings therein were illegall & iniurious, as is
affirmed by Cap? Wiggens.
4. Fourthly, the inhabitants of Dover do pleade that the land in question
ought not to be taken fro™ them by the Generall Co''t, being theirs by pur-
chase of the Indians & possession as aforesaid, & because, in the articles of
their submission to this governm', (they say,) their right in this & other
cases is ex^sly reserved. ETCH: BELLINGHAM, EICH: SALTONSTALL. 12th 4th ^^ 1644.
It was ordered, that this returne of the comission's be entered, & that the
land in question between Dover & Strawberry Banke be layd to Dover. The Co't, taking into consideration the ^sent condition of Pumhome & Sacanonocho, & their freinds that are ioyned to them, & their men that belong
unto them, of what dangerous consequence it might be unto us if we should altogether neglect them, & leave them to the cruelty & bluddymindednes of
the Naragansets, these two sachims haveing sent unto us for ayde, if we faile
them we breake o"^ covenant w*'' them, wherby the name of God will suffer, &
religion wUbe evill spoken of, & the whole nation wilbe odious in their sight
besides, it wUl pbably cause not onely them, but all the rest of the Indians
that have put themselves under o"" iurisdiction, & consequently ptection, to fly
of fro™ us, & to fall to o' enemies, & set themselues against us. The Co''t therefore doth desire, that there may be fourthw"^ ten English men, well armed, sent unto them, according to the sachims request, & that they may there build the Indians a strong house of pallizado, & be a guard unto them
for such a season as shalbe agreed of, the Indians finding them victualls, w* they have pmised to do.
676- It was agreed, that the order that gives power to two of the cheife offic's
of every traine band to punish the delinquents of such companies, & that that part of the order thereunto annext, (concerning the watching of fishermen,
(d,) may stand in force tiU the Co-'t take further order.
It was ordered, that the surveyer of the armes shall deliver to the depu- THE MASSACHUSETTS BAY IN NEW ENGLAND. 73 ties of Newberry two snaphance musketSj insteed of those wee had of them,
& not of lesse valewe.
It was ordered, that Leiftenant Duncan & M' Mayhew should be a comltte to take the Treasurers accounts, & *that M' Treasurer be ioyned w*'' them to take all other accounts fro™ such as are accountable' to the country, & to make returne thereof to this Co''t at the next sessions, appoiated to be the next S'*" A.
It is ordered, that the Co^'t at Salem shalbe adiourned to the 9"^ of the 5"^ A next
Rich'd Waterman being found erronious, hereticall, & obstinate, it was agreed, that he should be detained prisoner tUl the Quarter Co''t in the 7* i?i,
nnlesse five of the ma'™*^ do find cause to send him away ; Vf'^ if they do, it is
ordered, that he shall not return w^in this iurisdiction, upon paine of death.
Passaconnaway & his sonnes offering & desireing to come under this gov- Passaconway ^" ^'"^ '""' ernment, according to such articles as Cutshamache «& others have formerly bene accepted, they were accepted, & he & one of his sonnes subscribed the
articles, & he undertooke for the other. vuiage ipsw^'. Upon Zacheus Goulds petition, it is conceived to be for the gen'^all good, & very convenient, there should be a village about that farme, & that the towne of Ipswich should further them therein. thereof. Redding, It is ordered, that Linn village, at the request of the inhabitants
shalbe called Eedding. toward the mainte- Castle Isle It is ordered, that the 100* p @ formerly granted have a nance of fortification at Castle Hand may begin so soone as they comander & garrison there, & to be paid every sixe months, if they shall finish order. the worke, & continue the garrison there, according to a former 20* spedily paid him, in pt of It is ordered, that o-- GoV^no' should have his years service ensuing. that sume the country intends to alowe him for this James Browne, Henry Short It is ordered, that M-^ Rich-'d Dumer, &
shall end small controversies at Newberry. smaU M^ Samu: Dudley, RoVt Pike, & John Saund's have power to end
causes at Salsberry. Browne to end small Cap? Rob't Bridges, Ensigne Tomlins, & Nicho:
causes at Linn. Upham have power to end WilU : Tory, & John M- Willi : Perkins, small causes at Waymoth. surveyor of armes hath hereby power 577- It is ordered, that the gen'aU next into his hands, between this & the given Hm & is appointed to gather amunition w'^in all the townes from Gen'all Co't, all the countries armes &
VOL. II. 10 74 THE RECOKDS OF THE COLONY OF
the soutliTvard vmto Linn that are w'^in this iurisdiction, & to sue & recoyer
the same fro" those that shall refuse to deliver them into his hands, & is
alo-wed for his paines twenty nobles ; & that the clarks of the sev''all bands or companies of Linn & northwards shall take into their hands the countries
armes in their companies by law, or otherwise, as above said, by the next
Gen'all Co'^t ; & the surveyers of the traine bands are hereby required to take
an oath suteable to their places ; & what clarke or surveyor of arms soev'
shall refuse to take his oath for the faithfull & dUigent execution of his place
[*57.] shalbe fined 40sh^ ; *& that he have for his paines the third part of the fines
for neglect of training, & defect of armes and ainunition.
Hull. It is ordered, that Nantascot shall be called Hull.
^ Bibble is alowed to keepe a house of comon entertainment at Hull. Thorn: Dyer hath liberty to keepe an ordinary, & sell wine, at Waymoth.
Fiscataqua. It is ordered, that one Co't shalbe kept at Pascataque in the year now
ensuing, & that M' Bellingham, M"' Saltonstall, & M' Symonds, or any two of
them, are specially appointed thereto, (not excluding any other of the ma'™''
that may & will attend the same ;) that Co't to be kept at such time & place as
the said ma*™*^, or some of them, shall appoint.
It is ordered, that the Deputy Gov^'no'', M'' Dudley, M"" Hibbens, & M"" Nowell, togeth"^ w"^ the Treasurer, Maior Gibons, Maior Sedgwick, & M'
Hugh Prichard, or any five of them, shall have power to send the ten men to
the two sachims, Pumhome & Sacanonocho, & to agree w"' them upon the best
tearmes they can for the benefit of the country ; & if they see iust cause not
to send any, then to use their best skill to pvide for them by writing, or any other way they shall see good.
Whereas there is yet no comaunder appointed for the Castle^ —
Castle I. It is ordered, that if the townes in the Bay agree w"^ M' Coitemore for
taking charge of the Castle, he shalbe accepted as capt thereof during the
tearme they agree w't^ him for, he fro°i time to time obs^'ving such comissions as shalbe tendered to him by the Gen'all Co% or power by them ordered ; & in case they cannot agree w"» him, then that they take care the place be supplied
by some other able man till the next cession of this Co% & then make their
tender of such as they shall conceive meetest to take the charge for the future. M'W It is ordered, that 103*, w* the Deputy Gov-'no'^ acknowledged he had rec* of the Treasurer, shalbe alowed to M"^ Tyng, the Treasurer.
Bliz:Cole. M" Elisa Cole is alowed : a bill of reveiw in the action brought by Franc Doughtye ag* W° Cole, lately deceased, wherby her deede that was cancelled
may be made good, as before the cancelling thereof. THE MASSACHUSETTS BAY IN NEW ENGLAND. 75
The petition of M"^ Natha : Norcrosse, KoVt Childe, Stephen Day, John 16 4 4.
"" ' Fisher, for a plantation at ^^ ^6, Nashawake, is granted ; pvided, that there shall
'^^' not be more land allotted to the towne or pticular men (notw"'standing their purchase of land of the Indians) then the Gen'all Co't shall alowe.
It is ordered, that M"^ Seawall shall take his debt in those planks & pipe- staves as are of M"' Foxcrofts, at Salem & Linn, so far as they will returne to account, being prized by three men, according to *lawe, & to be dhected that [*58.] in their appraisment they so valewe them as in their best iudgm'' they will at psent yeald, in the places where they lye, in cornc, cattle, or beaver ; & if they shall und''prize them, in the iudgm' of M' Foxcrofts agents, they shall have the liberty of two dayes to make him other good pay ; & what shall be wanting of M' Seawells debt to be paid out of the best of M"" Foxcrofts estate ; «& M'^
Yale shall bring in an inventory thereof, according to order, w'Mn seaven dayes after the appraism', unto two ma'™'' by oatL
The fine of Salsberry (for that they did want a watch house, w<* being
now made very good) is remitted.
It is conceived fit the order established about salt peeter should be
observed by Salsberry.
Hampton is remitted their fine of 20sh', they being to ^are their salt
peeter houses for time to come.
James Davies, to assist in ending Willi ; English is alowed, m the ^^ of small causes at Hampton.
A Coppey of the Partition Agrement made between Wooborne & Lion Village, now called Redding.
We, being appointed by the Co't to settle the bounds between Wooborn Woobome & & Linn village, (called Redding,) have agreed, that the Ime ot partition between them shall begin at the little brooke in Parly meddowe, where it Charlston begineth to turne upward toward the north east, & so to abbut upon the point being taken head line, & to run north & by west into the country ; agreement we have from the needle, w"=out alowance for the variation, unto w"''
hands this 23'^ 3"^ ^, 1644. set o^ ^^^^^^ ^^^^^ JOHN OLIVER.
attach Foxcrofts estate in his It is conceived that M' Foots agent may M' if M' Foxcrofts agents agents hands, & pceed to iudgm'; & upon execution, declare upon oath what estate they had shall not make full satisfaction, then to served, w"'^ upon serious debate is in their hands when the attachment was iudged most equall. 76 THE REC0KD3 OP THE COLONY OP
1644. It is ordered, that Willi : Wilson shall be alowed ten pounds toward the
""^ ^ ' building vr^^ is in hand, by the prison. 29 May It is ordered, that M' Edmond Batter shalbe abated 40sh« of the 5* w*'*
he was to pay for the girle w* hee tooke.
300 acres i* out It being conceived, on certificate of the inhabitants of Nashx & some of
Sudbury, appointed by the Co% that it mil not preiudice either of the plan-
tations, (or be a hindrance to any other plantation,) it is consented that M'
Mayhewe should have his req^uest ; and M' Peter Noyse & Edmond Goodiner
are appointed to lay out the said 300 acres of land.
It is ordered, that the last umperage shalbe granted to Joseph Armitage,
w*'' -was by M"" Downing & M' Hathorne.
It being conceived not to be to the advantage of Adam Otely to have his
[*59.] petition granted him, *but rather to stand to what hath bene formerly awarded
to him by coinission's.
It is conceived meete, that Jonathan Thing shall continue his time w"'
Henry Ambros, giving security to Samuel Greenfeild for the 20*, to be paid
by 4* a year, after his time expired w"' his new master, if he shall Hve so long
as to make yearly payment thereof
The comission's are desired to bring into the Co't how they have issued
the difference between S' Eich'd SaltonstaU & the towne of Watertowne.
M'' Eob't SaltonstaU is fined 5sh' for f>senting his petition in so small & bad a peece of paper.
It is ordered, that the ryver at Shawshin shalbe called by the name of
Shawshin Eyver, not onely belowe, but also above the riveret, w* falls into
the said ryver in Woobome bounds, above halfe a ndle from Cambridge line.
Wee conceive that whatsoever Edward Michelson can make to appear
upon good account, w* hath not bene formerly reckened for, he shall have
that su^e abated out of the 40*, & that then the marshall pay the rest.
conceive that should We there as much land be granted to Thom : Venn as may answer the sume of mony that hath bene by his father, M' John Venn, put into the country stock, (that is,) so farr fourth as others have, when he sheweth power from his father to receive the same.
The Comission of the Sergent Maior Gen'all. By the Gen'all Co't, assembled at Boston, the SQ* 3''' &, 1644.
577- To Thomas Dudley, Es^*, sergeant maior getfaU : Whereas yo° are chosen
sergeant maior gen^'aU of all the millitary forces in this iurisdiction, yo° are,
according to the trust comitted to yo", & by vertue of this comission, to take spetiall care that all yo' inferio' offices do (according to the power & trust ;
THE MASSACHUSETTS BAY IN NEW ENGLAND. 77 comitted to them) faithfully diligently discharge & their severall places by 16 4 4.
' exercising their ' ' souldlcrs in millitary discipline, according to the orders of the General! Co-^t, that ^ ^''^' so they may be made expert & fit for such services as by the pvidence of God they shalbe called unto ; & for the furthering thereof jo"^ may, w* the ?i:sent of the councell of the como'^ wealth, or the maior part of theffi, ^ssu'. ^ )urth yo' warrants for a gen''all training, of any one, or two at the most, at one time & place, of the regiments of this iurisdiction, to be ex- ercised by yo'^self yo'^ & inferior offic''s in a millitary way ; & upon any sud- daine occasion, or appearance to yo''selfe of any danger, that may call for a millitarj- watch, before the councell of the comon wealth do assemble to ap- point the same, yo" are fourthw*'^ to give order *for it in all places yo" shall [*60.] iudge needful!, & in case of any approach or assault of an enemy, forreine or
domcstick, or apparent danger thereof, though yo" have as yet received no
pticuler order from the Gen'all Court, or councell of the comon wealth, yo"
are fourthwith to raise such forces, in any or all the severall regiments, as yo"
shall iudge necessary for the ^sent service & safety of the countiy, w"'' are to
be implied (till the councell of the common wealth do meete & give direction)
according to the advice of the councell of warr, who are alwayes to consist of
such s'^geant maiors & cap? as shalbe in the field w"' yo^, togeather w''' some
other fewe select psons, that yo''selfe & said counc3ll shall make choyce of, if
yo" see cause so to do, (unlesse the Gen''all Co''t, or councell of the common
wealth, shall appoint the same,) in w'^^ councell of warr yo^^selfe shall alwayes
have a casting voyce ; w"*" aforesaid forces so raised, together w'*" such further
supply as the Gen''all Co''t, or councell of the comon wealth, shall from time to time see cause to comitt unto yo", yo^' shall commaund, conduct, & leade, according to yo'' best skill & ability for the securing of the whole, & killing,
& destroying, or taking captive all or any of yo'' pfessed enemies, that by open hostility shall manifest themselues so to be, & pursuing them out of o"" iui-is-
diction. If yo" & the councell of warr shall iudge it to bee meete.
Yo" have also hereby power granted yo", in all places where yo" come, to presse great ordinance, muskets, pikes, powder, shott, match, bullets, spades, shovels, pikaxes, wheelbarrows, & all other lustrum'* fit for warr, & also pin- naces, boats, or other vessells, horses, oxen, carriages, men to mannage them, necessity & all things belonging thereunto, to supply the fsent & urgent of the army, as also victualls & pvision for man & beast, keeping an exact account thereof, & givelng a ticket by an officer to such of whom yo" shall receive the same, that so due payment & satisfaction may be seasonably made of warr, are & when the army is on foote, yo'selfe, together w"> the councell ;
78 THE EECORDS OF THE COLONY OF
16 4 4. to appoint cap?, leif ?, & ensignes in the roome of any such as may be slaine, dye, be wanting, or otherwise removed upon due desert. 29 May. And further, yo" have hereby power given yo", & are required, so soone
as the army is on foote, to call together yo"^ councell of warr, w""^ shall not
consist of fewer then eight, yo'"selfe to be one, who, being met together, shall
have power to consult & determine, by the maior vote, w"'' wa;> *-^cist '^ PGl.l safe & advantageous for the carriing on of the maine designe for w'^^ said forces were raised, the determination of which councell yo" shall not faUfe to
observe in all points w"^ pply belong to the councell of warr to direct in
but for the ordering & managing of any battaile in time of service it is wholly
left to yo'"selfe.,
Also yo'selfe, togeather w* the councell of warr, shall have power to
make such wholsome lawes, agreable to the word of God, as yo" shall con-
ceive to be necessary for the well ordering of yo"" army, untill the Gen''all Co't
shall pvide for the same, w'^'^ being suificiently published, yo", w"' the said
councell, have power to put in execution, be it to the takeing away of life, or
otherwise ; & furth', yo" shall, asmuch as in yo" lies, labour to ^vent & sup-
prese all mutinies in yo' axmy^ & in case any do arise, or any other offence be
comitted, wheth' by officers or comon souldiers, yo'selfe & councell of warr,
upon due conviction of such offenders by sufEcient testimony, shall have full
power to sensure & punish, according to their demerits, to w"*" end power is
hereby given to the said councell to examine witnesses upon oath.
Provided alwayes, that the said councell & yo^'selfe be carefuU to observe
the orders, instructions, messages, & directions w°'' already are, or from time
to time shalbe, directed to yo" fro™ the Gen'all Cct in the time of its being,
& at all other times from the councell of the comon wealth ; and this yo' com-
mission to stand in force till the next Co''t of Elections. In full confirmation
of all the ^mises, wee have caused the coinon seale of this colony to be here-
unto affixed. Dated the day & year above written.
The Co't is adiourned, as before, to the 30*'' of S'K
30 October. >dt a Sessiou begining the 80'^ of the 8** M", 1644.
It is ord'ed, y* y« 46* 16sh^ 8^ in y« hands of M' Prichard belonging to
the coimtrys stock shalbe conv''ted into such comodity as may be vendable in
England by the said M"^ Prichard & Leif? Duncan, & by them deliv''ed into j"
hands of M'' Willi : Tynge, who is desired & intrusted by this Cct to buy powder & leade for the use & benefit of the colony, w"' so much of y" mony as shalbee by them deliv''ed to him. THE MASSACHUSETTS BAY IN ' NEW ENGLAND. 79
John Gurny his byl for 3. 16. 4^ & Tho : Lake his note for 1. 3. 8^ are 16 4 4. accepted for 5* fro M'' Ginn'. ' r—--'
It is ordered, y' the two form-- ord-'s made this „^!°!!°''"' by^ Co^t, the one of the o", M' Ginn'. 3th 4th ^^ 1635^ the oth^ of the 13"> first &, 1637, conc-^ning weights & meas- 578. ures, shall still remaine in force, & from year to year shalbe put in execution the marshall, by & that w^'in one month next ensuing hee is required to put the said ord^'s in execution for this ^sent year.
9 M°, 12. 12NoTeml)er.
M'' Thorn : Bredcake was granted a warrant to receive two small guns fro
Winter Hand by Salem. M' Willi : Tyng, Cap? Rob'-t Keayne, & John Milam are' security for the redeliv'y of them there, or the valewe of them, by mid- somer next.
M"^ Thomas Fowle is granted the 2 small guns, pvided hee give security
to returne them by midsomer next.
Roger Elce & Jane Lishan are pmitted to many, though not thrice pub-
lished, upon a certificate fro"' Yarmoth shewed to x x
*It is ordered, that M' Samuell Dudley, M"^ Carlton, & M"^ John Saunders [*62.]
of Salsberry shalbe coinission's to here & examine all matters concerning M''
Bachiler & Hampton ; & they have power to examine witnesses upon oath,
wherby they may returne the truth of the case to the next Gen''all Co''t of
Election.
It is ordered, that Cap? Hawkins shall have a comission granted him to
take any ship that shall assault him, or any other that hee shall have ccrteine
knowledge to have taken eith' ship or ships of of o^'s, or to take any ship that
hath coinission to make prize of any of o''s.
It is ordered, that M'' Clarke shall pay out of the countryes stock due
fro"" Isi' Stoughton to M' Symon Bradstreete & M"^ Willi : Hathorne 5*, as pt
of their charge expended in their voyage to Conecticut. The account of M'^ William Tynge, the late Treasurer, haveing bene
51' is accepted. examined by LeifE Nathani : Duncan & Thomas Mayhewe,
It is ord''ed, that Cap? George Rich'dson should be alowed a tryall by
way of action about the Dartmoth ship w"^*" hee had, & was cast. Whereas 12. 15" was paid to div'se of y" Portingall ship (w*'' is now
gone) for satisfaction of such mony & goods as were uniustly taken fro"" y" by some of Capt Smiths comp% who had warrant fro" y« magistrats to requir-y^aid Portingall ship to give satisfaction for some wrongs they had
done to y« inhabitants of Hull & oth's, & w'as y« said Cap? Smith & his comp* ;
go ' THE RECORDS OF THE COLONY OF
16 4 4. are now at sea, & y» said 12. 15^ hath bene p* by M' Parris upon y^ request of y«
Deputy Gov'no'', to y"= end y° said Portingals might not dept und' sence of iust 12 November. iniury, it is adiudged most meete y' y^ mony be paid by those y' ha' und'^taken
for Cap? Smith & his comp'', it be* due fro y". 679- No attachm' shalbe granted (in any civill action) to any fforryner agst Attachments. ^ g^jj^^ inhabitant in y» iurisdiction before hee hath given sufficient security or
caution to gsecute his action, and to answ' y" defend' such costs as y' Co'^t shall award him.
679- In all attachm'^ of goods & chattels, or of lands & hereditam'«, legall
notice shalbe given to y^ pty, or left in writing at his house or place of usual
abode ; oth^vise j" suite shall not pceede : if hee be out of y= iurisdiction, y«
cause shall pceed to tryall, but iudgm* shall not be entered before y« next Co't ;
if y° def*' do not y" appear, iudgm' shalbe entered ; but execution shall not
be granted before y« plaintiffe hath given security to be responsall to y^ deP' i^
hee shall rev''se y° iudgm' w"'in one yeare, or such further time as y* Co't
shall limitt. 579- A iudgm' acknowledged before any two ma"^'' & y^ secretary or recorder shalbe good in law, & y' fee for taking & recording y^ same shalbe onely 12''
if y" secretary or recorder be a ma'™'*, one oth' ma''^'*' may suffice.
Ord' ab' M's The Co''t declareth, that they thinke it iust & meete y' M'^ Philips make
°'^' estate as shall secure 100* to Samuell Elisabeth Philips, grand 100 to^hCT^son^ ^° much & daughter in & d^Jdrn of Eich'd Sergent, or oth'^wise give band w"' sureties [to] the content law.
«fe satisfaction of Cap? Cooke, M'' Sparhauke, & John Bridge, who are intrusted
in the busines by the Co''t ; this security to be given in a montL
M'' Bozoon Allen & Josua Hubberd are remited their fine of 20sh' on
their petition, their excuse being accepted.
The Co^'t did by their vote declare they iudg y' S' Eich''d Saltonstall hath
true title to y* land y' hee shall pve hee mowed 4 years together.
Glocester is granted 20* out of the next paym' of M' Andrews gift
toward the erecting of a mill there.
It is ordered, y' M' Willi : Eainsborow or his assignes shalbee paid 100*
out of the countryes stock in the hands of M' Edw'^ Tynge or M"" Israeli
Stoughton, w"'out further delay, in answer to his petition.
John More & Edward Michelson are forgiven the 40* they owe the coun-
try, upon the grounds aleadged by them. ;
THE MASSACHUSETTS BAY IN NEW ENGLAND. 81
* The 13"" of the S"* M% @ 1644. 16 4 4.
Answers to the last j)positions sent unto us this Year by the Undertakers & 13 November. Adventurers of the Iron Worke. [*63.]
1. To the first proi)osition : The Co't doth hereby grant to the said un- d'"tak''Sj id, that they shall have three yeares fro™ the date hereof, for y« per- fecting of their worke & furnisliing of y" country w"' all sorts of barr iron pvided, that it shalbe in y^ liberty of y' planters, or any of y^ inhabitants in
y^ iurisdiction, to become adventurers w''' y* und'^takers, if w^in 12 months
they shall, according to y* former ^portion, bring in their adventure of no lesse
then 100* a pson, w"* alowance to y® adventurers, fd, for 1000*, already dis-
also, shall w"^ all expedition psecute y^ bursed ; pvided, y' y" adventurers
work to good pfection, aswell y° finery & forge as y^ furnace, w"'' is already
set up, y' so y" country may be fm-nished w"" [all] sorts of barr yron for their
use, und"" y" rate of 20* p tunne.
2. The Get doth hereby grant to y* und'taki's, ^6, for their fiuth' incur-
ragm', 3 miles square, w<^'' is 12 miles in compas, of land not yet apppriated
to every such place, where they shall actually set up & pfect any of the
sixe works mentioned, & y' said land so granted shalbe to y" & their heires
forever.
3. It is furth"" granted by y^ Co't, y* in all places of wasts, or land not
apppriated to any towne or pson, y" undnak's, id, shall have liberty to make clay, use of all yron stone, or yron oare, or oth' stuff for building, timber, for to woode of all sorts, turfe, or any thing y' they shall find usefuU y™, & make ponds, wayes, or water courses therein, as they shall see meeto & usefuU, for high wayes for y" furtherance of their worke, & in pprietles, liberty & are very ready to give all oth"^ accoinodations wat' courses ; & all y= inhabitants iniunction to weaken j)prieties. it may be by composition, & not adventurers shall have all 4. It is granted by this Co'^t, y' y* und'^tak'^s & servants equal, w'" any w'Hn iuris- lib'ties & iinunities, both for y»>sclues & y same, according to rights & diction, according to y« lawes & ord's of y« & r granted, y' y'' und'takers adventurers liberties of y« churches. 5. It is also & servants, shalbe free fi-o"" all taxes, in y* worke, togeth' w*" their agents & whatsoev^ so much of their stock, easm'^ contributions, or oth' publi
structed in y" knowledg of God.
VOL. 11. 11 82 THE RECORDS OF THE COLONY OF
164 4. 7. It is lastly ord'ed, y' such workmen, clarks, miners, found's, finners, & oth' workmen, y' are constantly implied in y^ worke, shalbe free firo" train- 13 November. ings & watchings.
M"^ John "Winthrope, lunior, is granted y" hill at Tantousq, about 60
miles westward, in which the black leade is, and liberty to purchase some
land there of the Indians.
Upon the petition of Gilbert Carpenter, it was put to vote, wheth"^ they
would have y order reversed w*'' was made by y° Governo'' & counceU, touch- ing y* seisure of the Dartmoth ship^
It was voted not to be reversed.
[*64.] *It is ordered, that the comission'"s for laying out the roade way between
Ipswich & Salem shall have power to alter the way layde out beneath Wen-
ham towards the east, & to lay it through y® towne if they shall iudge it meete.
N" attdance. It is ordered, that the sergeants shall have IS"* p day alowed them.
680- It is ordered, that every vintner, or oth' pson, y' hath licence to drawe
wine within this iurisdiction, shall pay unto the officer or office's appointed by
y* Co't to receive it, 20' for ev'y butt of sack drawen, or begun to be drawen,
by him, & so pportionably for every greater or lesser vessell, & for every hogs- head of French wines, or other wines, 5% & so j)portionably for greater or
lesser vessels ; & it is further ordered, y' every such drawer of wine as afore-
said shall appear once every quarf either at the Co'^t at Boston, or other Co'ts
within this iurisdiction, there to take oath for the truth of what quantity of
wine they have drawen, or is begun to be drawen, & accordingly there to pay
in what is due to y° coinon wealth in manner & forme aforesaid. And it is
further ordered, that all such wines, whether in the hands of marchants or
cowpers, that shalbe shifted into smaller caske, or cases, to be spent in the
country, shall pay pportionably to that w'^'^ is retailed, by such as are alowed
to sell wine by retaile.
Country" That, whereas wee find, by account, 63* 8' 9'' in y^ hands of M"" Edw* stocke. Tynge, & 248* in y« hands of Cap? Stoughton, of y° countries stock, it is ther-
fore ordered, y' -f surveyer of the armes shall have hereby fuU power to re-
ceive & to recover by law, or otherwise, y° said sumes of y* said parties in y° behalfe of country, -f & upon receipt of -f said monies shall pay out of it 100* to M' Stephen Winthrope, for y* use of M'^ Rainsborowe, & y« remainder said of y° sumes hee shall deliver to y° said M' "Winthrope, out of w<='' hee is
ordered to pay to M' Pocock, in England, 100*, (in case hee is not paid al- ready,) 8» & y« remainder, w^'' is 111* 9*, y" said M' Winthrope is ordered & THE MASSACHUSETTS BAY IN NEW ENGLAND. 83 desired to return fro" England 1000« weight of musket bullets, 1000" 16 4 4.
' ' "weight in lead, & y" rest in poAvder. y
^^ ^°'•''^^^' M-^ Pilgrim, m' of y" Gillyflower, comeing to require fraite & wages, y» vote was defered upon divers weightye considerations.
*It is ordered, Maior Sedgwick may have 3 thousand of bread out of the [*65.] cargo now in y^ hands of the Co^'t, hee ingaging himselfe to pay bread againe, when called for, to content.
Whether Watertowne have in their dividends wronged S' Richard Sal- tonstall. Voted, it doth not appeare.
It is ordered, 50* shalbe given by the country toward a house for the cap? Cas'l. of the Castle, pvided it be finished by y« first of y* S*^.
Leift Davenport is chosen cap? of the Castle, to begin the 2 of the first ifi,
& then his pay to begin.
Ensigne Palmer is chosen clarke of the writs in Charxtowne, in the roome of M' Hubberd.
Capt John Bayly acknowledged a iudgm' for 8 months fraite & wages to
M"" Pilgrim & his comp", & acknowledged the m'' hath pformed his covenant & voyage according to charter ptye.
It is ordered, that Goodm Turner should be alowed 100* out of the chil- drens mony.
It is ordered, that M' Ruck should have 40* assigned out of the childrens mony.
It is ordered, that the sergents should have 11 J* assigned them out of the
childi'ens mony.
It is ordered, that Goodman Fairbanks shall have his bill paid him out of the childrens mony.
M"^ Russell is chosen to supply the Treasurers place to the next Co^'t of
Elections. Cap? Thomas Bredcake had commission granted him for a 12 &, to take any Turkish pirate. Essex. Salem shire It is ordered, that Salem should be y« sheire towne of y Increase NoweU, M"^ Bradstreete, M"^ Hathorne, M' Winthrope, lunior. Maior Sedgwick, Cap? Cooke, & M>^ Duncan, these seaven, or any four of company. them, to meete & prepare busines about y« trade for the pow-^ to hear determine It is ordered, that M' Bellingham shall have & of feUony, yo cause concerning Rich-d Knight, of Salsberry, about suspition for asmuch as y said Rich'^d is not able to travaile. out of 100* for the cap? of CastlB. It is ordered, that 50* p @ shalbe alowed y the Castle. 84 THE RECORDS OP THE COLONY OP
16 4 4. It is ordered, that M' Dunster, g>sident of the col[ledge] at Cambridge,
" ' 1 shall have 150* assigned unto him, to be gathered by y" Treasurer for y« ovem er. yo ^^^^^^^ ^^j. ^^ mony due for -f children sent out of England, to be expended for a house to be built for y^ said ^sident, in pt of y* 400* pmised
unto him for his use, to belong to y* colledge.
It is ordered, y' M' Pilgrim shall bring, y* 27"» 9 A, into Coi't y° true
invoyce & bill of ladeing of aU such goods as were loaden at London, & a true
[*66.] account of such goods & maxchandizes as were rec* upon former *debts, &
what was otherwise traded at Archibectoo, or whatsoever else belonged to y*
marchants of y* ship GilHflow', now in y* harbo'', & shall give in a true
account to whom hee dd y".
It is desired y^ IQ"* of y' lO"' A shalbe kept a day of publique humili-
ation in regard of o' native country, y* prevail^ of erroneous & corrupt opinions, y* sore warrs, & extreame wants of many there, w"' y* weighty occa- sions in hand both y' & here.
Indians in- It is ordered, y* y' County Co''ts in y» iurisdiction shall take care y' y» Btructed, Indians resid^ in y* sev''all sheires shalbe civillized, & they shall have pow''
to take ord'' fro" time to time to have them instructed in y« knowledge & wor- ship of God.
581— The Co't takeing into consid''ation y* neglect of y* armes of y« country,
& y° disord^'ly dispsing of y™ into severall hands for private use, to y* dam-
age of y^ publique, it is therefore ordered, y' y" surveyer of j° armes shall
have full power, by suite or otherwise, to recov'' & take into his custody all
such armes of any kind y' belong to y" country from y* sev'all townes & psons
w"'' have any of y™, & to bring y™ to some place or places to be safely layde yo up till Coi^t shall give furth' ord' for y« dispos^ of y™, & y" to be done by
y" end of y* first iri next ; & it is furth"" ord'^ed, y' y" surveyer shall seU y' worser sort of muskets or caleivers to such as will buy them.
M' AspinwaU, M' Aspiiiwall is choseu Eecorder till y« next Co''t of Election.
' Kt,g_ It is ordered, that aU those former ord's made about apparrell & lace are hereby repealed. 583- It is ordered, y' y* magistrates & deputies of y« Co't their passages over
y ferries, together w*"^ their necessary attendants, shalbe free, not paying any
thing for it, except at such ferries as are apppriated to any, or are rented out, are out of countries & f hands ; & there it is ord-'ed their passages shalbe paid by y" country.
It is ordered, y' there shalbe a bushell of Indian corne or thi-ee qHs of
wine paid to any Indian by y cunstable of eVy towne for ev'y wolfe killed wu^in y« bounds of y« towne where such cunstable dweleth, upon -f townes —
THE MASSACHUSETTS BAY IN NEW ENGLAND. 55 account, pvided y' Indian bring y j" head to y" cunstable, & make good pofe 16 4 4. ' where ' * such wolfe was killed, for y' better satisfaction y' it was killed w^in y^ same towne bounds. ^^ November. 584— The Coui-t, apg>hending y* it is not fit to deprive y° Indians of any law- full comfort -w"^ aloweth to all God men by -f use of wme, do ord'', y' it slialbe lawfull for all such as are or shalbe alowed licence to retaile wines to sell also to y* Indians so much as may be fit for their needfull use or refreshing.
Forasmuch as experience hath plentifully & often pved y' since y^ first 585- arising of y" Anabaptists, about a hundred years since, they have bene y* incendiaries of comon wealths, & y« infectors of persons in maine matt" of religion, & y* troublers *of churches in all places where they have bene, & y* [*67.] they who have held y^ baptizing of infants unlawful! have usually held oth' error's or heresies togeth"' therewith, though they have (as oth"^ hereticks use to do) concealed y' same, till they spied out a fit advantage & oportunity to vent y™, by way of question or scruple, & whereas divers of this kind have, since o^ come^ into New England, appeared amongst o^'selues, some whereof have
(as oth" before y™) denied y"* ordinance of magistracy, & y" lawfulness of making warr, & oth" y' lawfulnes of ma*™'% & their inspection into any breach of y" first table, w"^*" opinions, if they should be connived at by us, are hke to be increased amongst us, & so must necessarily bring guilt upon us, infection & trouble to y* churches, & hazard to y* whole coiiion wealth,
It is ordered & agreed, y' if any pson or psons w*''in y^ iurisdiction shall Anabap.
eith' openly condemne or oppose y"' baptiz^ of infants, or go about secretly to
seduce oth" fro"" y« appbation or use thereof, or shall purposely depart y' con-
gregation at y'= administration of y" ordinance, or shall deny -f ordinance of
magistracy, or their lawfull right or authority to make waiT, or to punish y°
outward breaches of y^ first table, & shall appear to y^ Co'^t wilfully & obsti-
nately to continue therein after due time & meanes of conviction, every such
pson or psons shalbe sentenced to banishm*. deteined fro™ In ren-ard y* y" ma'™'-'' w* dwell farr remote have bene long this season of their owne occasions, & y« traveile is like to pve very tedious occasions should have y« yeare, as also in respect y* many of f principle w* bene heard determined bene heard, {&, at y" next Co'-t of Assistants have & there shalbe but dLueing y^ time of y= ^sent Co't, it is therefore ordered, y' if Assistants, they may pceed five of y« ma"-^'^ assembled at y« said next Co^t of pceedings iudgm^^ shalbe as good in afi"aires of y* said Co-^t, & all their & bene held by eight or more of efficacy & effect as if y*^ said Co't should have
y« ma*''"'. 86 THE RECORDS OP THE COLONY OF
1 6 4 4t It is ordered, y' M' Willi : AspinwaU shalbe a publique notary for thia
'^ "^ iurisdiction. 13 November. _ _ Koa Upon advice fro" y* comission'^s of y* United Colonies for gen'all care to be taken for y" incuragm' of learning, & maintenance of pore schollers in y®
colledge at Cambridge, —
It is ordered, y' y« deputies shall comend it to y° sev'all towns, (& y" eld's
are to be desired to give their furth''ance hereto,) w*'^ declaration of y* co'^se w*
was ppounded by y" said comissioners, & hath bene put ia practice already by
some of y' oth'' colonies, vizj : of ev''y family alow^ one peck of come, or
12* in mony or oth' comodity, to be sent in to y° Treasurer, for the colledge
at Cambridge, or where else hee shall appoint, in Boston or Charlstowne.
587— This Co't, takeing into serious consid'ation y* ^positions of y« comission's
for y* United Colonies conc'ning y* settleing a gen'aU way of trade w"^ y°
Indians, & well weighing y« necessity of these plantations to make impvem'
[*68.] of such helps & *advantages as y* country affoards ftr y« more comfortable
cloathB & subsisting of y' inhabitants thereof, have thought meete to inter-
taine y* said ppositions, & accordingly to ord' y' y' way of trading w*'' j"
Indians shalbe established & confirmed for y® space of ten years fro" y° first
Thursday in. Septemb' next, to be ^secuted according to y* teno' & true mean-
ing of y« said ^positions, & y' aU interlops, both o' owne & oth's, shalbe
restraiued as much as may be. And it is forth' agreed, y' this ord', togeth'
w* y" aforesaid ppositions of j" comission's, shall, upon y« breaking np of y'
Corte, be fourthw"' published by y« deputies in their sev'all townes, to y° end
y* ev'y inhabitant w'Mn y' iurisdiction may have timely notice hereof, & lib-
erty to subscribe his adventure, & y' notice be given to y^ sev'all townes, y'
such as are und'tak's do send their subscriptions & votes for y^ choyce of y®
three comittees to Goodm Fairbanks, at Boston, upon y« first Tewsday in y°
first A next comeing.
Andrews gift, It is ordered, y' a letter be ba^eTbedJ & sent fro" y Co't, wherein thanks &c. may be returned to M' Andrewes, & y« two ladies, & ev'y such oth' pson as
hath bene benefacto's to us ; & M' Deputy, M' Dudley, & M' Hibbens are
appelated a comitte to draw up y« said lett's. It is ordered, y' f sergent y' waited upon y* deputies should have two
pound nyneteene shillings paid him out of y« treasury, w*'' is due to him for his attendance. Upon y« testimony of Nelson Hutchinson y* hee did see f wife of John Richardson (late of Eathfe) livelng in England w*in 12 months, & a form' testimony concuring, y« Co't do declare y« last marriage to be voyde, w*"" was to Elisabeth Frier. THE MASSACHUSETTS BAY IN NEW ENGLAND.
M' Ed-ward Rauson ha*'' hired to farme f> rent due for wine drawen in y« countrey, for 107* 10» for a yeare. M' Deputy GoVnor, M' Dudly, & M' Hibbens are appointed a comitte "^"^^"J^- for drawing up instructions, —
1. To answer for us in all such occasions as may be ^sented to y« Par- liam* conc'ning us or o' affaires, but not to ingage us w^i-out o"- consent. 2. To rec all letf^s oth' dispatches & of pubhq. nature or conc^nm' fro-" us. 3. To advise us of all such occurrents as may happen touchs o' colony. 4. To receive all monies or oth-^ things due to us fro-" any pson in Eng- land, by gift or oth'wise, to y-" & dispose of according to direction under o' publiq, seale.
It is ord"-ed, y' John Bak' onely hath liberty to sell wine at Ipswich. Goodm Smyth, of Winnetsemet, hath lib-^ty to sell wine, «fe to keepe a house of comon intertainment.
"Willi : Eiske, of "Wennam, hath liberty to sell wine.
Sebastian Brigham, of Rowley, hath liberty to sell wine, & to keepe an ordinary.
Whereas there is an order in force y' no man shalbe put to vote for a 589_ ma*"*® at y« election but such as are nominated at y« Gen'aU CoH next before,
y° which order is hereby repealed, —
And, for an ord'ly jiceeding in a way of nomination, y' each freeman may have his full liberty in voting, —
It is ord'ed, y' y^ freemen of this iurisdiction shall meete in their sev'all
townes w^Hn two months after y^ date hereof, to consid' of whom they would
nominate to be put to vote *upon the day of election for newe magistrates, to r*69 "1
y* number of seaven, at w* meeting ev'y freeman shall have liberty to put in
his vote for whom hee thinketh fit, all w''' votes shalbe sealed up at y' meet-
ing, & sent by some one or two (whom they shall choose) to y* sheire townes
in each sheire, upon y^ last 5"^ day of y" last month, at w"'' meeting the said
selectmen of ev^'y towne (by whom y« votes being brought) shall not have power to open them, being sealed up, as before, but shall choose one or two from amongst themselues, by whom they shall send y° aforesaid votes, being all sealed up in one pap, unto Boston, on y' last third day of y* first month, at w"'^ meeting there shalbe two magistrates, before whom y' proxies shalbe opened & sorted ; & those psons nominated for ma*™**' that have most votes, to y® number of seaven, shalbe they that shalbe put to vote at the day of election ; & that such as have most votes to be first nominated & put to election, that y* freemen may know for whom to send in their pxies. The select men of every sheire, being at this meeting, shall take care to send to 88 THE KECOEDS OP THE COLONY OF
to be put to 16 4 4. the aforesaid selectmen of ev'y towne whom they be that are their townes, vote, w"" select men of ev'y towne shall call a meeting of & 13 November. have time to consider of - acquint them whom they are, that so -f freemen may shalbe put to vote but them, & send in their pxies accordingly ; & no oth"^
such as are agreed upon, as before. Whereas wee haveing found by experience y* y" charge of this Gen'all Con groweth very great & burthensome, in regard of the continuall increase of deputies sent unto y« same, & furth'' foreseeing y' as townes increase y«
numb' wilbe still augmented, to y' unsupportable burthen of this comon
y= trlall, dureing y-^ standing wealth ; as also it being thought a matter worthy
of this order, to have y" use of j" negative vote forborne, both by magistrates freemen & deputies, y fimisses consid'ed, it is declared by this Co''t, (if the shall" accept thereof,) that a tryall shalbe made for one yeare ensuing y«
day of election next, by choyce of twenty deputies out of y« sev''all sheires to
equall y« number of magistrates chosen upon y« day of election, the choyce of Middlesex sixe, Essex them to be thus divided : Suffolke shall choose sixe, &
to y'= end j" & Norfolk, being ioyned in one, shall choose eight ; and furth'',
ablest gifted men may be made use of in so weighty a worke, it shalbe at y«
liberty of y* freemen to choose them, in their own sheires, or elsewhere, as each they shall see best, the choyce to be after this manner : the freemen of
shire, meeting in their owne severall townes together w*''in two months next
following, shall there give in their severall votes for so many deputies as be-
long unto their sheire to choose, w'='' votes shalbe forthwith sealed up, & one
or two chosen to carry y™ sealed to their sheire towne the last 5"^ day of y«
last month following, where, in y* g>sence of one magistrate, they shalbe
opened & conferd togeather, & so many as shall have y* maior vote of y'= sheire
are chosen, not exceeding y* number aforesaid ; & such as are so chosen shall
r*70.1 assemble themselues at y* next Co^'t of Election, ]p>sented *under the hands of those w* were sent from y* townes to the sheire meetings aforesaid, y" names
& sev''all numV of votes they there had, from w"'' assembly those onely y' had
y* greatest number of votes, to eq^uall y« number of magistrates then chosen,
shalbe confirmed, & y* rest dismissed from y" ^sent service, from ev''y sheire
alike number, so neare as may be j the magistrates & deputies thus chosen shall
sit togeath' as a full & sufficient Gen^'all Co^, to act in all things by y* maior
vote of y« whole Co't ; & furth'', it is declared, y* ev''y towne shall fourthw"",
namely, by y* last of y* next month, send in und'' y* hands of their late depu-
ties their vote, assenting or dissenting to this pposition, to y" house of M'' Now-
ell, who, togeth"" w"" one of y* late deputies of Charlstowne, one of Cambridge,
& one of Boston, shall have power to puse y° said votes, & if they shall find THE MASSACHUSETTS BAY IN NEW ENGLAND, y* y» greater number of townes shall y agree y' this may be ppounded to them shall pcced, they shall thereupon fourthwith certify y" Gov'no' thereof, wha shall thereupon ^^N""'"^^'" give speedy notice to ev'y towne that they may pcced according to this declaration ; & whereas it may fall out y' two or more sheires may make choyce y'' of one & same men, it is therefore pvided, y' Suffolk shall begin makeing knowne to Middlesex whom they have chosen, who y« next 4'" day following shaU make their choyce, & send word to Essex & Nor- folke whom Suffolk & themselues have chosen ; then y^ next 4"> day shall Essex & Norfolke make their choyce.
It is agreed, that for an equall distribution to each towne of M"^ Andrews About M' An '^°™ ^'"' gift, y« tweluc townes, w''" have had nothing, to wit, Waymoth, Boston, Salem, Wenham, Wooborone, Ipswich, Watertowne, Eowly, Sudberry, Newberry,
Concord, & Salsberry, siiould have five pound a peece, or a cowe, & then all
to haue 5*, or a cowo, before Roxberry have any, in y ord'' following : Salsber- ry, Concord, Newbeny, Sudberry, Rowly, Watertowne, Ipswich, Wooborne, Wenham, Salem, Boston, Waymoth, Glocester, Dedham, Hingham, Hampton, Linn, Braintree, Cambridge, Charlstowne, and Dorchester.
It is ordered, y' all y sev'"all orders of gen'all concernment agreed on,
this wholl Co"'t, shalbe fourthwith published to the sev''all townes w''"in this
iurisdiction, & that the severall townes shall pcure a coppy of them yv^Hn
three months und"^ the Secretary his hand.
The Co^'t thinke it iust that M"^ Treasurer do give M' Downing an acquit-
ance of what hee hath paid into the treasury, & y' M' Downing give also an
account to this Co'^t what children were taken into the ship, & their names, &
also where those children were landed, & to whom they were deliv^'ed.
It is ordered, that Harbert Pelham, of Cambridge, Es^, M"" Thorn : Flint, & Leift Willerd, of Concord, & Peter Noyce, of Sudben-y, shalbe coinission''s to veiwe & survey y' medows or plaine lying upon their rp-er, & have hereby power given *them to set some order, which may conduce to the better im- [*71-]
j)veing of the said medow, & saveing & ^serving of the hay there gotten,
eith' by draining the same, or otherwise, & to f)portion the charges layd out
about it as equally & iustly (onely upon those that oweth the land) as they in
their wisdomes shall see meete.
Robert Saltonstall, gen?, complainant by petition, on the behalfe of S"^ voted, Rich'd, his fath'', ag* y^ towne of Watertowne, the cause being heard &
the order was entered for the complainant. The deputies of Watertowne, after the order was entered, tooke excep- magistrates did not vote for tion against it, alleadging y' y" maior part of f y" complainant.
VOL. II. 12 90 THE KECOKDS OF THE COLONY OF
16 4 4. It was hereupon put to y° vote of y° Co't, wheth"" y" said order should ' not be iudged to be good & effectuall, notwithstanding the allegation j and the November. 13 i • t n i n i vote was, that it should stand good.
Upon the petition of Sarah Barnes, it was thought meete the fine should
be respited till her husband returne againe into y° country, unlese there
appear a competent estate in y" hands of William Adis to discharge this fine,
beside y* small q^uantity of corne, w* is in y" hands of y° said Adeis of the
petitioners.
It is ordered, y' y° rent due for y° feriy fro™ Boston to "Winnetsemett
shalbe remited, & for y= time to come, y' y" said ferry men, in leew of their
rent, shall (till the Co't take furth' order) carry over all y^ magistrates & depu-
ties freely, w"" their necessary attendants, at all times.
William Knop his fine of 5* is abated to 20sh^
Upon M™ Stoughtons petition, it was answered, y° Co''t conceiveth they
have not power to call M"^ Stoughtons creditor's in question ; but if they will
pay it into y" treasuiy, it wilbe received.
Thomas Richards case is thought doth more pply belong to y* Co^'t of
Assistants, to w* hee is referred, imlese he were denied iustice in y" same.
590— It is ordered, that at Waymoth ferry every single pson shall pay 2* for
his passage.
Henry Value is abated halfe of his fine, if so hee satisfy y* oth' halfe to y° Treasurer w"'in two months.
For answer to Thomas Mourtons petition, y" ma*''"'' have called him pub-
liquely, & have layde diverse things to his charge, w"^'' hee denies ; & therefore
they thinke fit y* further evidence be sent for into England, & y' M'' Dooming
may have instructions to search out evidence against him, & hee to lye in
prison in y° meane time, unlesse hee find sufficient bayle.
[*72.] *It was put to vote, ? so many as iudge that the goods carried a shore out
of the ship Gillifrower, & put into the custody of the Co't, are y'' security of M' Pilgrime, m' of y" said shipe, & to bee paid here out of y" same. Y«
maior vote was, not to bee paid here ; but it was sloped by a negative vote of the deputies.
591- Answers of the Rev^end Elders to certeine Questions ppounded to them. Q: F: Whether the ma*'^'«= are, by patent and elections of the people, y« standing councell of y» coinon wealth in y» vacancy of y" Gen-'all Court, & have power
accordingly to act in all cases subiect to government, according to y« said patent, lawes & -f of y' iurisdiction ; & when any necessary occasions call for
action fro™ authority, in cases where there is no pticuler expresse law pvided. THE MASSACHUSETTS BAY IN NEW ENGLAND. g^
there to be guided by y" vrord of God till ' y Gen'all Co't give gticuler rules 16 4 4. in such cases. 2. 5. &, 1644. . ^ _i
The ma'^=^'<=^ ^^^°^^""''" are, by patent & election of y« people, y- standing councell ^'^' of comon wealth, in y" vacancy of y« r Gen'all Co% & accordingly may act, in all cases pteining to governm', according to y= patent, & laws made by y» said Gen'-all Co'-t of this iurlsdiction. This answer is grounded upon sundry passages in y" said patent, as pa : 10, w^ it is said y' y« Govern^ Deputy Gov'n^ & Assistants shall apply y»selues to take care for -f best disposs & ordering of y" gen'all businesses & affaires of, for, & concerning y" lands & Pmises, & y= plantation thereof, & y" governm' of y^ people there. Also, pa: 11, it is said y' y' Governo--, Deputy Gov'no^ & Assistants, or any such number of y" as y is ex^ssed, shalbe a full & suihcient Con for y" handleing,
ord''ing, & despatching of all such businesses & occurrences as shall fro" time to time happen touching or concerning y" said Company or plantation. And
it is said, pa y' it is y'' : 13, in y= power of Gen'all CoH to make laws & ordi- nances for y« good welfare y^ & of Company ; &, pa : 18, they may make & establish wholsome lawes, statutes, & ordinances for y* settleing of f formes & ceremonies of gov'^nm' & ma-^J^ & for manadging & stiUng of all sorts of
ofEcers, supio'' & inferio'', & for y° distinguishing & setting fourth of y* sev''all
duties, powers, limits in ev^'y such office place. 2. & & Wee do not find y' 2. by y* patent they are exg>sly directed to pceed according to y word of God ; but wee und''stand y* by a law or liberty of y country they may act in cases wherein as yet y' is no exp>sse law, so y' in such acts they pceed accord^ to y* word of God.
Wheth"' y Gov''n'^ & Assistants have any pow'' by patent to dlspence ius- Qu. tice in y" vacaiTCy of y Gen''all Co't, w"'out some law or ord"" of y same to declare y rule.
We do not find in y" coiiion wealth now constituted by y'= patent, y' y" An. Gov'n'' & Assistants have any pow' to dispence iustice, in y° vacancy of y Gen^all Co't, w"'out some law or order of y^ same as y' rule of their adminis- tration, w'^'^ wee conceive it were meete to be ex^sse, for y^ regulating of aU pticuPs, as farr as may be ; where such cannot be had, to be supplied by gen''all rules.
Wheth' any Gen^^all Co't hath not pow', in pticuler cases, to choose any Qu. commission™, eith' Assistants or freemen, exempting all oth", to give y" com- mission to set forth their pow' & places ; by any pticul' case wee meane in all things & in y" choyce of all offic" y' y« comon wealth stands in need of, between election & election, not taking away y^ peoples liberties in elections, nor turning out any oflSc' so elected by y™ w^out shewing cause ? 92 THE RECORDS OF TIIE COLONY OP
iudicature 1644. If y° tearmes (all things) imply or intend all cases of constant ^' ^ & counsell, wee answcie negatively, vizj, that y'= Gen-'all Co-'t hath not power 13 November. eith' Assistants by patent in all such cases to choose any ofEc'^s or coniission", An, or freemen, exempting, y' is, excluding, all oth", to give y" commission to set
forth their power & places, because it would y" follow y' y" ma'™" might be
excluded fro"" all cases of constant iudicature & counsell, w"'' are their election would be made principle worke, w'by also y« end of -f peoples
frustrate. occasional r*73.] *But if these tearmes (all things) imply & intend cases, wheth' answ'' afEr- 2. or oth^'s, belonging neith' to constant iudicature nor counsell, wee
matively, vizj, the Gen'all Co^'t hath pow', by patent, in such pticul' cases, to
choose any offic" & coinission's, eith'' Assistants or freemen, exempting all oth's,
to give y" commission- to set forth their pow' & places ; w* yet wee und'stand
w"^ ys distinction, vizj, that if y* affaires comitted to such offic" & coinission"
be of gen^'all concernm', wee conceive y* freemen, according to patent, are to
choose y"", y" Gen'^all Co't to set forth their pow' & places ; but if y^ affaires
comitted to such offic" or coinission" be of meerly pticuler conc'nm', y" wee
conceive y« Gen'all Co''t may both choose y™ & set forth their power & places.
"Whereas wee give cases of constant iudicature & counsell to y* ma''*'', wee
thus interpret y* word counsell : counsell consists of care & action ; in respect
of care, y' ma'"**" are not limited ; in respect of action, they are to be limited by
y« Gen'all Co't, as y" suf>me counsell. Finally, it is o' humble req^uest, y' in
case any difference growe in y" Gen'all Co''t between ma'"'^ & deputies, eith'
in these or any like weighty cases, w"*" cannot be ^sently issued w"" mutuall
peace, y' y'' both pties wilbe pleased to deferr y* same to fui-th' delib''ation, for
y« bono' of God & of y« Co-'t. 12 9 A, 1644. •
Qu. 1. Wheth"' y* deputies in y* Gen'all Co^'t have iudiciall and magistraticall au-
thority ?
Qu. 2. Wheth' by patent, y« Gen'all Co^'t, consisting of ma'"'" & deputies, as a
Gen'all Co't, have iudicial or magistraticall authority ?
An. 1. The patent, in ex^sse words, giveth full pow'^ & authority as to y"
Gov'n"' & Assistants, so to y^ free men, also assembled in Gen'^all Co't.
Pa: 11.
2. Whereas y'' is a 3 fold pow' of magistraticall authority, legislative, iudica-
tive, & consultative or directive of y= publick affaires of y« country for pvision
& ^tection, y* first of these, namely, legislative, is exf>sly given to y^ freemen,
ioyntly w"* y° Gov''no' & Assistants, pa : 12. Consultative or directive pow"^ of
y* publick affaires of y° coinon wealth, for pvision «& ptection, is granted also
by patent to y° freemen, as to y" Governer & Assistants, pa : 18. But now for THE MASSACHUSETTS BAY IN NEW ENGLAND. 93 pow' of iudicature, if wee speak of y" constant & usuall administration thereof, 16 4 4. ' •vveo do not find y' it is granted to y" freemen or deputies in y'= Gen^ill Co't, ' ' ""^ '"^' eitli' by y" patent, or by y'= election of y^ people, or by any law of y" country. "
But if wee speake of y" occasionall administration thereof, wee find
pow'' of iudicature administrable by y* freemen, ioyntly w"" y° Gov'^n' &
Assistants, upon a double occasion ; first, in case of defect or delinq^uency of a
nia'^'", wee find y' whole Gen'all Co't, of Gov'n"', Deputy Go :, Assistants, &
freemen, may pccede to remove him. Pa : 12.
If, by y" law of y° country, y'' lye any appeale to y" Getfall Co'"t, or any 2.
oth'' speciall causes be reserved to their iudgm', it will necessarily inferr y' in
such cases, by such laws, y*^ fieemen, ioyntly w"" y" Gov'no"' & Assistants, have
pow' of iudicature, touching y° appellants & cause of y' appeale, & those
res''ved cases.
What wee speake of y" pow'' of freemen, by patent, the same may be said
of y" deputies, so far forth as y" poW of y" freemen is deligated to y" by order of lawc.
Wheth'^ wee may warrantably p>scribe c'teine penalties to offences w"'' may Qu. 3.
pbably admit variable degrees of guilt ?
Wheth'' a judge be bound to jmounco such sentence as a positive law Qu. 4.
pscribs, in case it be apparently above or beneath y* meritt of y* offence ?
Certeinc pocnaltics may & ought to be ^scribed to capitall crimes, al- An. 1. though they may admit variable degrees of guilt, as in case of murth'', upon
y'' is same death in ^pensed malice, & upon sudden pvocation : ^scribed y'
both, though murth% upon ^pensed malice, be a far greater guilt y° upon suddaine ^vocation. Num. 35: 16, 17, 18, w'" v^ 20, 21. Also in crimes of (as for lesse guilt, as in theft, though some theft be of greater guilt y" oth%
some man to stcalc a shcopc, who hath lesse need, is of greater guilt y" for anoth% who hath more need,) y Lord f>scribed y<= same measure of restitution circumstances of an ofience do to both. (22 Exod. 1.) 2. In case y' variable 2. offence is raised to an higher nature, 60 much vary y" degrees of guilt as y' y« answ'able pportion striking of a y' y pocnalty must be varied to an high-^ ; y of a fatV neighbo' may be punished w* some pecuniary mulct, w» y" striking sinn coinitted w"' an high hand, as y* [*74 may be punished *w"' death ; so any ] punished w«> death, w- a lesser gathering of sticks on y Saboth day, may be neede. punishm' might serve for gath^ing sticks privily, & in some sinns are complicated In case circumstances do so vary a sinn as y' many 3. varied according to y^ poenulties of or wraped up in it, y*' pocnalty is to be punished w"^ a lesse mulct if it be those sev'all sinns. A single lye may be y damage of any pson, wheth' in tould before y* iudgm' seate, or elsewhere, to y» '
94 THE RECORDS OF THE COLONY OF
16 4 4. Ms good name by slaund', or in his estate, by detrim* in his coinerce, in w* ~ Y — case a lye, aggravated by circumstances, is to be punished, -w"" respect both to 13 November a lye & to a slander, & to y« detrim* w* another sustaineth thereby.
4. In case y' y* circumstances w"'' vary y* degrees of guilt concerne only y*
pson of y* offender, (as -wheth' it -was his first offence or customary ; wheth'
hee was enticed y'to, or y* enticer; wheth' bee were principall or acces
sary ; wheth"^ unadvised or witting, & willing, {&,) there it were meete y' y*
pocnalty should be ex^sed w"^ a latitude Wof y* lowest degree to be exp>ssed,
suppose 5", or, as y* case may be, 5 stripes, & y* highest degree 20', or 40%
or stripes more or lease, w^'in w"^** compasse or latitude it may be free to a
ma'™"= to aggravate or mlttlgate y* pocnalty, as y* circumstances do aggravate or
y' ma*™'^ attend in alleviate y" offence ; yet even here care would be taken a
his sentence as much as may be to a certeine rule in those circumstances, lest
some pson, whose slnns be alike circumstantiated w**" another, if his punishm'
be not equall y* one w"* y* oth', one may thinke himselfe more unequally dealt
5. w'^all y° anoth'. 5. In these cases w''in a judge is pswaded in conscience y' a
crime deservcth a greater punishm' y" y* law inilicteth, hee may lawfully
pnounce sentence according to y* ^script pcenalty of y" lawe, because hee hath
no pow' comitted to him by lawe to go higher ,• but w' y* lawe may seeme to y*
. conscience of y* iudge to inflict a greater penulty y° y* offence deserveth, it is
his p' to suspend his sentence till, by conference w"" y* lawgivers, hee find
6. liberty elth' to Inflict y° sentence or to mlttlgate it. 6. Y° penulties of great
crimes may sometimes be mitigated by such as are in cheife pow'', w*"", in y°
country, is y^ Gen''all Co't, out of respect to y" publick good service w'^'* y*
delinquent hath done to y* state in form'' times. So Solomon mlttigated y*
punishm' of Abiathar, for his service done to his fath'' form^ly. (1 King, 2:
26, 27.) 13 9 A, 1644.
Qu. 1. Wheth'' y° distinction of pow' of authority In y^ ma''''^'', & onely llb''ty
of counsell in y* people, be according to y* patent w* respect to y* ma'™'' &
deputies in y" Gen''all Co't?
An. "VVce conceive y' by patent, as y* people have liberty of counsell, so they
have also oth' pow' of authority in such manner as wee have ex]p>sed in o''
answ"' to y* 2 first questions sent unto us by o"" hono''ed ma'™''-
Qu. 2. Wheth' y* Gen'all Co't, consisting of ma'"'=' & deputies, be not y<= cheife
of y' coiiion wealth to pow' ; & describe y pow'' of magistracy, & prescribe
laws to all, & do all oth"" acts w'^'^ belong to such a power ?
Gen^all Co't, consisting An. The of -f ma'"'^'' & deputies, is y* cheife civill pow' of y coinon Avealth, so as to describe y pow' of y° magistracy, & to ^scribe (in a civill way) lawes unto all not repugnant to y= lawos of God, nor THE MASSACHUSETTS BAY IN NEW ENGLAND. to patent, nor to y« fundam'all y laws & liberties established in y<= coiTion wealth, accordingly may do all oth^ & acts v,"^ belong to such a power, as, namely, both acts of counscll tending "^'''"-"''" to r ^vision, & ptection, & welfare of y<= whole body, also acts of iudgm', & so farr as (according to our answ'^ to y= 2 form"^ questions of o"- hono-'cd ma""^'^) is by y" patent or choice of y" people, or by y" laws of y^ coiTion wealth, reserved to y"" & seated in them.
Wheth"^ o"" gov'nm' be a pure aristocracy, or mixt w"» a democracy ? If Qu. 3. mixt, whcth'^ it should not be mixed in all administrations of y= same ?
0'' answ' is, not a pure aristocracy, but mixt of an aristocracy & democ- An. 1. racy, in respect of y" Gen'all Co'-t. 2. Notw^'stauding it be mixt in y Gen- ^'
'all Co''t, yet it followcth not necessarily y''u])on y' it should be mixed in all oth"^ Co''ts & administrations y''of, because o"' forme (as all oth"' formes of civill govcrnm'3 *is y" ordinance of man ; tlicrefore, as it was free to make it [*7o.] mixed or simple, so also to make it mixed in y" Gen^dl CoH, & unmixed in others, according to y° pleasure of the ordayn" thereof Accordingly, o' patent, notw^i^standing it hath made o' gov''nm' mixed in respect of y^ Geu''all Co''t, yet it seemes to have instituted subordinate administrations of iustice, to be
aristocratically dispensed by y* Co''t of Assistants ; yet even in these Co''ts there is some place for a democraticall dispensation in respect of y" iurors. 13:9 &, 45.
It was voted, & all the answers given in by the reverend elders to the severall questions were approved iust & true answers to satisfaction, except
such as are not put to vote.
That the Assistants have no power to act in iudicature w^'out some law Ptio. i.
of the Gen'all Co''t to declare the rule. That y^ Assistants have no power to act in iudicature w"'out some lawe Eid-s app'.
eith' pticulerly cx^ssed, or in gen^all tcarmes, in defect thereof, enacted by y°
Gen"'all Co''t as y^ rule of their administration.
That y* Gcn'all Co'-t, consisting of ma'""' & deputies, is y* cheife civill prpo. 2. pow"- of this coiTion wealth, & may act in all things belonging to such a pow"- conCning counsell & iudicature, namely, for making lawes, receiving appeales, quEestioning & sentencing y" highest offiCs, & consulting about y weightiest in their Avisdome they affaires of this coinonwealth, & in all oth^ cases w* thinke fit to take cognisance of cheife civill Eid's. That y« Gcn'-all Co-^t, consisting of ma'-^'« & deputies, is y" belonging to such a power, pow' of this coiTion wealth, & may act in all things of coinon both conc'-ning counsell in consulting about y-^ weighty affaires y^ iudicature in orderly wealth, & concerning making of lawes ; also conc'ning according to impeaching, removelng, & sentencing any offic'-s, even y» highest, 96 THE RECORDS OF THE COLONY OP
16 4 4. lawe ; likewise in receiving appeales, wlietli'' touching civill or criminall cases,
wherein appeales are or shalbe alowed by y* Gen''all Co''t. 13 NoTember That no ma''*'" hath poW to yary from y" pcenalty of any lawe, eith'' to Pfo. 3. mittigate or exceede y° same.
Eld'3. That no ma''*'° hath pow'' to vary fro™ y» pcenalty ex^sed in any lawe,
eith"^ to mittigate or exceede y° same, w"'out consulting w"' y" Gen'all Co''t.
P'po. i. That y" patent, in ex^se words, giveth full pow"" & authority, as to y"
Gov''n'' & Assistants, so to y* freemen also assembled in y Gen^all Co''t.
Eld's. That y' full power, w* is described by y* patent, & granted to y* Gen'all
Co''t, is given not onely to y" Gov'n' & Assistants, but also to y° freemen there assembled, & acting w"^ comon consent.
P'po. 5. That c'"taine penalties may, & ought to be, ^scribed in div''se cases, [al-]
though y° offences admit of variable degrees of guilt.
Eld'a. That c^'teine pocnaltles may, & ought to be, ^scribed in div'se [cases], al-
though y" offences admit of variable degrees of guilt.
[Page 76 is blank.]
16 4 5. *^t a Con of Election, at Boston, the W^ of the 3'* Month, @ 1645.
14 May. P-SENT, The Gov'n', M"' Bradstreete,
[•77.] Y« Deputy Go :, Increase Nowell, M"^ Endecott, M' Flinte, M' Pelham, M' Pinchen, M' BeUingha", M"" Hibbens, M' Saltonstall, M' Symonds.
M' Winthrope, lu :,
Deputies f>sent,
M' "W™ Hathorne, M' Sa : Sheopd,
M' Hen : Bartholomew, M' W™ Hubberd,
Leift Ea : Sprage, Joseph Meadcalfe,
Thom : Line, M' Hi : Dumer, Leif? Duncan, M' Edw* Rawson, S^'g' Atherton, Leif? Tory,
Maior Gibons, M' Bo : Allen, Cap? Keayne, Josua Hubb''d, John Johnson, Leif: WiUerd,
WilH : Parks, M' Sa : Winslye, Cap? Jenings, Cap? Wiggen, Leif? Mason, Leift Howard, Cap? Briges, John Heiward, Cap? Cooke, Pet' Bracket, THE MASSACHUSETTS BAY IN NEW ENGLAND.
Samu Basse, : M' Prich'^d, U' Carlton, Leif : Johnson,
Math : Boyce, M' Sparhauke. H May Edw'' Goodenow,
THOMAS DUDLEY, Es$), was chosen GoW, & tooke Hs oath. John Winthrope, Esf), was chosen Deputy Gov^ & tooke his oath.
John Endecott, Es^, was chosen Assistant, & tooke his oath.
Eich^d Bcllingham, Es^, was chosen Assistant, & tooke his oath. Rich'd SaUonstall, Es^, was chosen Assistant, & tooke his oath, 22 3 &. M' John Winthrope, luni :, was chosen Assistant, & tooke his oath. M' Symon Bradstreete is chosen Assistant, & tooke his oath, 19 3 A.
Increase Nowell is chosen Assistant, & tooke his oath. M"^ Thorn : FUnt is chosen Assistant, & tooke his oath, 19 3 A.
M"^ AVilli : Pinchin is chosen Assistant, 5"" & tooke his oath, -f 5* A.
M' Willi : Hibbens is chosen Assistant, & tooke liis oath.
M' Samu : Symonds is chosen Assistant, & tooke his oatL
M"' Harbcrt Pelham is chosen Assistant, & tooke his oath.
John Endecott, Es^, was chosen Sergent Maior Gen'all.
M"^ Rich^d Russell is chosen Treasurer.
Increase Nowell is chosen Secretary.
It was ordered, y' 2 boates should be sent to y" ship ancho''ing or hov^ing neare y* shore, to know what shee is, & w' shee intends.
Hugh Gunnison & Susan Hudson were denied to draw wine.
Hinghani busines was hard : a petition was j)duced und'' the hands of 81, wherein they complained of their Hberties infringed. Josua Hubberd & John
Foulcher did complaine against y° Deputy Governo'', the first for binding him
& others w*'' sureties to appeare at the Quarter Co't, the other for being comitted for refuseing to give his owne band for his appearance.
Edward Bircham is chosen & alowed to be clarke of the writs at Linn, & to record marriages, births, & deaths there.
Thomas Layton is granted liberty to drawe wine for one yeare at Linn. Thomas Layton, Edwai-d Bu-cham, & Thomas Putman are chosen to end small controversies in Linn. to M"^ Samu : Dudley, Samu : Winsley, «& Eob't Pyke are chosen end small controversies for this yeare in Salsberry. small Cap? Perkins, Willi : Tory, & John Whiteman are chosen to end controversies in Waymoth.
Hugh Grifhn is chosen & allowed clarke of the writts in Sudberry.
VOL. 11. 13 98 THE RECORDS OF THE COLONY OF
Hugh Caulking, Thomas Smyth, & Obedia Brewen are chosen to end
small controversies in Glocester.
John Russell is chosen & alowed clarke of the writs in Cambridge. Philemon Dalton hath authority to see people marry at Hampton.
M'^ Edward "Woodman, M' John Lowle, & Rich'd Knight are chosen to end small causes under 20' in Neweberry. M' Rich'd Browne, Leif? Mason, & Ephraim Child are chosen to end small causes in Watertowne under 20sh^
Rich-'d Wooddy, Senior, is granted to drawe wine in Roxberry, pvided
hee take y^ wine y' Cap? Welds wife hath bought, & pay her for it so much
as shee hath sould y* rest of it for to him, in such pay as was made for y^ wine
to y* merchant.
John Whiteman is confirmed ensigne of the company at Waymoth,
It is ordered, y' y* maior gen''all shall have y= like coinission und"" y" scale
yt ye form' maior gen'all had.
[For the names of those made free 14 May, 1645, and entered in the margin of pages 78 and 79, see the list at the end of the volume.]
[*T8.] *Thomas Caule is alowed to keepe victualing in his house for strang"'s.
Concord rates are to be considered by such as are appointed to asses y*
townes.
Rob't Turner is granted y« 15* or 16* in hands of Franc Smyth, card-
maker, pvided y° money is not already disposed of
It is ord'ed, y' in y entry of Watertowne ofEc's, Mason should be put iosteed of Bartlett, to be their leiftenant.
Ralph Haywood is remitted 40sh' of y® 5* w'^'' he was to pay for his boy ;
ye ]y[r 22*^ 3* Hathorn & Hen : Bartholomew have und'tooke to pay by y^ 7"^ A.
Cap? W™ Perkins is granted his 400 a5 of land next RoxVry & Ca: Keaynes farmes.
It is ord''ed, y' John Mileham & Thom : Lake shall take a true inventory
of y* goods in y" ship Rainbowe, & belonging to her, & safely bestowe y™ in
some sellar, togeth'' w"* y* sailes & oth"" moveables in y« said ship, & rcturne y^
said inventory & key of y* sellar to y** Co''t, w"" what convenient speed may
be ; also to inquire after any goods w* may already be come a shore, w"^' are
to be bestowed w"^ y° oth^
James Penn is licensed to draw wine for so long time as hee kepes in-
t'tainem' for y^ Co^'t in Boston, eith' at y* house w"^ y* Co''t now sits or w'' they
shall sit hereaff.
It is ord''ed, y' y" coopers of oth' townes be sent to, y' such as desire to
ioyne w* y" coops of Boston, about being a company, & invested w"' pow' to THE MASSACHUSETTS BAY IN NEW ENGLAND. regulate things in y'' trade, may come into f next session of y^ Co't, & give tlieir advice, or signify their thoughts hereabouts.
Whereas coiuission was granted, by order of y^ Co't, to Harbert Pelham, Es^, Thorn Flint, M' : Leifl WiUard, & Peter Noyse, in nature of a commis- sion of sewers, for -j^ bett' ^ & impving of y" medowe ground upon y« ryver runing by Concord & Sudberry, it is now declared, y' y« intent of y«
Co''t was, y' if all y« said comission" should not meete upon any occasion, yet any three of y™ might pceed according to y' said ord'.
W" Fiske is appointed clarke of y* writs for Wenham.
M' Noyse, Walter Hayne, & Willi : Ward are appointed to end small
causes in Sudberry, for y'' yeare ensuing.
Whereas it is conceived y' y" training up of youth to y" art & practice 590- of armes wilbe of great use in y= country in divers respects, & amonge y" Training youth. rest y' y" use of bowes & arrowes may be of good concernm', in defect of
powder, upon any occasion, it is therefore ordered, y' all youth w'^n this iuris-
diction, from ten yeares ould to y" age of sixeteen ycares, shalbe instructed, by
some one of y" office's of y^ band, or some oth"^ experienced souldier whom y"
cheife ofHcer shall appoint, upon y' usuall training dayes, in y^ exercise of
armes, as small guns, halfe pikes, bowes & arrowes, ^<3, according to y" discre-
tion of J" said officer or souldier, pvided y* no child shalbe taken to y^ ex'cise y"^ y' after against parents minds ; ord"" to be of force w^'in one month y° publication hereof
The petition''s about y* cargo of y^ ship Eainbowe being come to agreera'
among y™selues, «& haveing given security to be responsall (as y" Co^'t shall
ord' upon y° triall) for what shalbe deliv'ed to y"", y* Co't doth conceive
it reasonable y' y* wines (w<='' oth^vise will tume to damage) be deliv''ed to them.
John Johnson is granted 40* for his service done y'= country diverse yeares
past, w"^"^ 40* he is to receive (according to his o-svn pposition & request) out
w'''^ are of such debts, w'^'' he is privy to, y' are oweing to y* country, in- trusted w"> him by y* country.
It is ord^ed, y' M"^ Bradstreete & M' Hathorne shall have alowed to y™ what they have not received of y* 12* 15" 4*, ex- (out of -f next country rate) pended upon y* iourny to Coiiectecot, vizj, by M"^ Bradstreete 6. 11. 7^ & by
M'' Hathorne 6. 3. 9 3* 11= 7", & M' Hathore hath rec'* 2* 14sh^ of y* said suine resteth due 3. 9. 9*. In answ' to M' EoVt Saltonstall his petition to have y* ord' for medowe order doth sufficiently for his fath', S' Rich'd, explained, it is conceived f - 100 THE KECOEDS OF THE COLONY OF : Saltonstall shall have a true title to y* land in y® 16 4 5. explaine it selfe ; y' S' Kich ' "^ "f towne of "Watertowne, w* he shall j»ve to have bene mowed by him or his agents foure yeares togeth', & no other. M' John "Whitingham is confirmed leif? at Ipswich, ace" to y''' choyce. [*79.] *Thomas Howlet is confirmed ensigne at Ipswich, acc° to y*"" choyce. 590- It is ord'ed, y' no man shalbe alowed to keepe publike houses of inter- Inns, tainm' for Strang" or travellers, nor shall any one be a coinon victualler, in- " keeper, or keeper of a cookes shop, vintner, taverner, or publike seller of wine, dis"id'^""*' ale, beare, strong water, w*''out alowance in some Cl''t'' Co't in y* sheire where such do dwell, upon paine of forfeiture of 20° p weeke while they continue w"'out y^ said licence ; nor shall any such pson as have publike houses of inf- 2'' tainem', & have licence, seU beare for aboue an ale q't ; neith"^ shall any such pson or psons form'ly named suff'^ any to be drunke or drinke excessive- ly, or continue tipling above y" space of halfe an hour in any of y'"" said houses, Tind' poenalty of 5° for ev'^y such ofience sufFred ; and ev''y pson founde drunke in y* said houses or elsewhere shall forfeit 10°, & for ev''y ex- cessive drinking he shall forfeit 3. 4* ; for siting idle, & continuing drinking above halfe an houre, 2° 6* ; & it is declared to be excessive drinking of wine when above halfe a pint of wine is alowed at one time to one pson to drinke ; pvided y* it shalbe lawful! for any strang'^s, or lodgers, or any pson or psons, in an ord'ly way, to continue in such houses of comon intertainem' dureing meale times, or upon lawfull busines, what time their occasions shall require. It is further ord'ed, y* ev'"y inn keeper shall pvide for intertainm' of Strang's horses, haveing one inclosiire for sumer, & hay & pvender for winter. And if any pson ofiend in drunkennes, excessive or long drinking, y'' second time, t pay. they shall flay double fines, & if they fall into y^ same offence y* third time, they shall pay treble fines ; & if y= pties be not able to pay y° fines, y° he y' is found drunke shalbe punished w"^ ten stripes, & he y' offends in excessive or long drinking, hee shalbe put in y* stocks for three houres w° y* weather is seasonable, & if they offend y* 4"' time, they shalbe put into prison, & there remaine till they put in two sufilcient sureties for their good behavio'. Further, it is ord'ed, y' any one ma'™*", w^'in y" sev'all sheires, may hear & determine any offence or offences against y° ord"", & upon due convic- tion by veiwe of y* ma*™'°, by two witnesses, or confession of y° partye, to levye y* said sev'all fines by a warrant to y" cunstable for y' end, who shalbe accountable to y Treasurer of y® sheire for y" same. 591— Whereas it is found, by too comon & sad expience in all pts of y* col- Labo'ers not to yt ye ^^j^ forcing of labo'ers & oth"" workmen to take wine in pay for y' labo^ XftKO W1I16« is a great nursery or pparative to drunkeimes & unlawfull tipling, occasioning THE MASSACHUSETTS BAY IN NEW ENGLAND. r private meetings of pfane psons, whereby youth is drawen aside to lewd- nes, r good creature of God notoriously abused, y« harts of good people much sadeued, y^ jjfession of religion scandalized, y" & Lord greatly dishonored, it is therefore ord^ed & ordained by r Co^t, y' no laborer or workman whatlo- ev^ shall, aft^ y« publication pmulgation & hereof, be inforced or ^sed to take wine in pay for his labo- for & furth>^ :Pvention of y^ aforesaid enormities & unlawful! tipHng, excesse of & drinking, it is hereby forth' ordained y' no laborer or workman whatsoeV, 10"^ aff^ y« of July next ensuing, und' w' ptence soeV, shall sell wine, or make paym' of any debt therew*, eith' by Workmen not retaile or otherwise then in y« '°'^^^"«' same peece he takes y-^ same; & if any such pson or psons shall, notw"'standing, offend, contrary to y^ order, shall forfeite & loose 2= for ev'-y quart of wine so sould & disposed of It is conceived John Eales should be placed in some convenient place, where he may be implied in his trade of beehive makeing, ip ; & y« towne of • Newberry to make up Iris what worke wanteth of defraying y" charge of his livelyhoode. The Co't, consid^ing of y" difficulties y' such meete w"' y' make pvisions cct dyot. for y'' Co''t, at his motion who now maketh pvision for y' same, for some such pportionablc pay to be made him out of y" next country rate as may enable him comfortably to go through w"^ y' w* he is called to, & may be expected from him, do order, y' w'soev'' charge for dyet shalbe expended for y» time to come by y* ^sent *session of y" it Con, shalbe satisfied by y« sev'^all townes, r*80.1 according to their equall pportions, in cattle, wheabe, mault, or barly, w*in three months from y° date hereof. Dated y= IB"" 4*'' &, 1645. This Co''t, being sensible of y« many publike imploim'^ y* y« ma'^'^ are 592- Magistrates to called to, (w'^'^ dayly increaseth, & w*^'' necessai-ily occasioneth much expence ^ have 500" rate of their time, to y^ g>iudice of y'' families & estates, knowing also y* straltnes free. of things in y« country, & y iust care y' this Co''t ought to take to see y' none be unequally burthened, or discouraged fro"" doing s'^vice to y« country in such places as they may be called to,) do therefore hereby order, y' such as are chosen y' yeare to y" place of an Assistant, & so those y' shall hereaft' be chosen thereunto, shall have five hundred pound estate alowed to each of y™, rate free, both from towne & countiy levyes, for y* space of three yeares, pvided y' in case any such Assistant shall be left out (at y*^ day of election, or otherwise) w"'in ye said tearme of three yeares, y' y" such Assistant so left out shall not claime y" benefit of this order for so long time as hee is so dis- charged of being an Assistant : & y' y' may be an equall, iust, & impartiall hand carried to each towne in y^ bearing of y° Assistants said alowance, it is furth"' ord'ed, y' all such towne and country rates as shalbe equally & ppor- ; 102 THE EECOKDS OF THE COLONY OF 16 4 5. tlonably laid upon y« estate of any Assistant (to y« valewe of 500*, as afore- said) shalbe paid out of f treasury, by vertue of a ticket to be sent by y* 14 May. cunstable of y° said towne unto y« Treasurer, signed & subscribed by such said Assistant or Assistants wbom it doth concerne, according to y* true intent & candid meaning of this order. Edw: Hutch- The traine band of Boston haveing made choyce of M' Edward Hutchin- inson, ensigne. ^,i, -u-ij-tl ^ son to be y" ensigne, he is connrmed m y' place. It is conceived j" estate of Linn should be considered by y* committee y' shalbe chosen for y= sessing of y» sev^aU townes their due ^portions to y* next country rate. Rob't Beacham his petition is not conceived fit to be granted. Ans' to M" In answere to M™ Philips petition, it is conceived equall, (as y^ case stand- ^^ ^^ eth,) y' y° iudgm* given to y* widow Howe may be satisfied by lands, or goods, or pt of one, & pt of oth"^, as y<' guardions of y" children, w* theire owne con- sent, shall accept of; & such lands as shalbe passed over to y* widowe Howe, or to y" children, for satisfaction of y" said iudgm', upon acknowledgm' of y* petitioner & y' said gardions before any ma''*'*, shalbe recorded by y* recorder of Boston, & so shalbe a good estate of inheritance to y™ against all men j)vided, y' y" petition'', w"' y" gardions of y* children, w"" their consents, can- not agree to sequester such land or lands & goods as may secure widowe Howe, yt yn y« iudgm* givcu to y* widowe Howe shalbe satisfied according to law, in y' case pvided. Jn« Russ It is ordered, y' y* Treasurer should pay John Eusse, due for ferrige of y* ma'"-'^ to Dover, & demand y' one halfe of y* Treasurer of Dover. Country armes. It is ordered, y' all such as received any copies of notes deliv''ed in by y* gen''all survey' of w' armes y'' townes stand charged w"' should send in y® same, or true copies thereof, to y® said gen^rall surveyer, at Eich : Fairbanks house, w'Mn a fortnight after y* end of y* session. 20"tobealowed It is ordered, 20* should be alowed y* towne of Sudbury toward y« finish- ° bridgr^ ^^g of tlieir bridge, & way at -f end of it, to be paid y" when they shall have made y« way passable for loaden horses, so it be done w'Mn a twelue month- Salt peeter. It is ord'ed, y' all meanes may be used for y* psecuting c& quickening y« order made about salt peter, & y' Edmond Gardner shall have 40' alowed him by y" towne of Ipswich, w""" 40sh» should be paid by y" delinquents, & not by those who have observed y« order of y® Co't. *The meadows desired by Excetter, none [*81.J appearing to chaleng any ppriety in y">, it is not thought meete to meddle w"> them. John Legatt is granted to be clarke of y« writs at Excetter. ; THIl MASSACHUSETTS BAY IN NEW ENGLAND. 103 Aiitho : Staniard, KoVt Smytt, & John Legatt aie appointed to end small 16 4 5. businesses at Excetter. ~ '< "' 14 May. "Whereas the sume of 40* was by this Co't given to John Johnson, in reference to his service (to y* country) past, & for asmuch as some part of those moneys, w'^'^ were assigned for him, y* Treasurer hath received, it is therefore ord''ed, y' y* said John Johnson shall gath' up all those monyes for- m'^ly assigned to him, & what it shalbe short of, y* said John Johnson is to receive of y* Treasurer, pvided y' hee shall give in iust account (ye next Co't) of whom & how much he hath received of those monyes form'^ly assigned him. Whereas great losse & damage doth befall y'' comon wealth by reason of 593- ^°^^^- wolues, w''^ do destroy so great numb's of o'^ cattle, & (notw^'standing pvision hath form-'ly bene made by y^ Co't for supposing of y"", we find httle hath bene done y* way) for y* betf incuraging of any to set about a worke of so great concernm*, — It is therefore ord'ed, y' any pson, eith' English or Indian, that shall kill -WolTes. any wolfe or wolues w"'in ten miles of any plantation in y= iurisdiction, shall have for every wolfe by him or y"" so kiled lOsh', to be paid out of f treasury y' jtofe be made thereof unto plantation next of y* country ; pvided, d[ue] -f adioyning, where such wolfe or wolves were killed, & also y' they bring a cer- Treasurer tificate und' some ma'""» hand, or y« cunstable of y« place, unto y" contribute to j»\-ided also, y' y' ord' doth onely intend such plantations as do do not publike charge, & for such plantations upon y" river of Pascataq., y' payment upon their ioyne w*'^ us to carry on pubhke charge, they are to make owne charge. come, to aay Orde' as to 3 The ord^ for alowing 3 q^ts of wine, or a busheU of Indian q'ts wine, &8, Indian for killing of a wolfe, is hereby repealed. repeaUed. publike humiliation in all It is ord'-ed, y' y* 26'" 4* A be kept a day of y* churches in y' iurisdiction. to y= 8«> of y« 5* &. It is ord'-ed, y' y* Con at Salem is adioumed ""o^ ^"^^^ ^^ ^^^^ '"'' Whereas it is now found by sufficient pofe y' r ''°'i^o^!^""" goodnes of y* iron,)^& like to be cessfuU, (both in r ^ichnes of y" ore & y" inhabitants here should of great benefit to y whole country, especially if y* halfe at the least,) & whereas be interessed therein, in some good pportion, (one expired in the 9*'' A next, y» time Umited for adventui-ers to come in wilbe consid'ation, & being carefuU y' such an this Co't taking r same into serious wealth might not be let slip, oportunity for so great advantage to r comon given to every towne w'^in have taken order y' speedy notice thereof should be psons as axe of sufficient abiUty & this iurisdiction, expecting y' all such 104 THE RECOEDS OF THE COLONY OF intend their owne benefit, w"' y" coinon good, -will forthw"' appeare, to come their abilities ; for their betf instruc- in to share in -f worke, according to & tion & direction herein they are hereby to understand that y'^ is akeady dis- bursed between 1200* & 1500*, w"' w* y« furnace is built, w* y* w"^ belong- eth to it, & good quantity of mine, 'coale, & wood pvided, & some tuns of sowe iron cast, & some oth' things in readines for y* forge, {6. They are also to know y' no adventurer is to put in lesse y° 100*, but divers may ioyne to- y"" geath' to make up y' sume, so it come und' one name : wilbe neede of some 1500* to finish y* forge, {6, vf"^ wilbe accepted in mony, beaver, wheate, coales, or any such coimodities as will satisfy y* workemen, & these are to be paid in to M' Henry Webbe, of Boston, by such direction as they may receive from y [*82.] undertakers, *M'' John Winthrope, luni :, Maior Sedgwick, M' Henry Webbe aforesaid, & M' Josua Hewes. The newe adventurers are also to know, y' they must bear their pt in such losse as is befallen y* first stock, by forbearance or otherwise, to y* time of y* newe adventui^ers paying in their adventures ; & all such as will adventure are desired to hasten their resolutions, y' y* worke may go on spedily. Upon y' petition of Christopher Lawson, who purchased y* house of M' Hen : Symonds, deceased, not haveing good assurance, or doubting y^ same, Isaack Walker, being husband to y® late wife of Henry Symonds, togeth' w* Susan his wife, acknowledge y* pformance of y^ bargaine on y" petition's be- halfe, & are willing y' this Co't should confirme unto him & his heires what Henry Symonds sould unto him, unto w"** y' Co't consented. 594- Whereas truth, in words as well as in actions, is required of all men, es- Ag' lyinge. pecially of Christians, who are y° pfessed servants of y* God of truth, & whereas all lying is contrary to truth, & some sort of lies are not onely sinfull, (as all lies are,) but also pnicious to y* publike weale, & iniurious to pticuler psons, it is therefore ordered, y* every pson of y« age of discretion, w* is accounted 14 yeares, who shall, wittingly & willingly, make or publish any lye w'^'^ may be pnicious to y* publike weale, or tending to y' damage or iniury of any pticul' pson, or w"' intent to deceive & abuse y* people by false newes or reports, & y^ same, duely pved in any Co't, or before any one ma''^'% (who Lying pun- hath hereby pow' granted to heare & determine all offences against y^ lawe,) ished. such pson shalbe punished after y= manner : For y* first offence 10% or, if y* gty be imable to pay y« same, then to sit so long in y° stocks as y* said Co't or magistrate shall appoint, not exceeding two houi-es ; for y* second offence, whereof any shalbe legally convicted, y sume of 20% or, if y« pty be unable to pay, y° to be whiped upon y naked body not exceed^ ten -stripes ; for y« S"" offence 40% or, if f> pty be unable to pay, y" to be whiped w"" more THE MASSACHUSETTS BAY IN NEW ENGLAND. stripes, not exceeding 15 if yet ; & any shall offend in Hke kind, & be legaUy convicted thereof, hee or shee shalbe fined 10= a time more y" formerly, or, if pty so offending be unable r to pay, y to be whip-* w* 5 or 6 stripes more y» form^y, not exceeding 40 at any time y" ; aforesaid fines to be levied, or stripes inflicted, eith- by y" marshall of y' iurisdiction or cunstable of the towne where y« offence is coinitted, according as y» Co'^t or magistrate y' have iudged y" cause shall direct such ; & fines so collected shalbe paid to y= treasury of y* sheire where y" cause is tryed if ; & any pson shall find himselfe greived w*" Appeale. sentence of any such f ma'^^'« out of Co^t, hee may appeale to y« next Co^t of same J" sheire, giveing reasonable security to psecute his appeale & abide y ord^ of y« Co^t if said ; & y« Co^t shall iudge his appeale causeles, y« said appel- lant shalbe doubly fined, or corrected by whiping, as aforesaid, not exceedmg y number of 40 stripes, & pay y= costs of Co't & of j" pty complaining or in- forming, & witnesses in the case ; & for all such as, being und"" age of discre- tion, shall offend in lying, contrary to y» ord--, their parents or masters shall give y" due correction, & y' in y« ^sence of some offic--, if any one officer shall so appoint ; & pvided also, y» no pson shalbe barred of his iust action of slaund"' or oth''wise by any pceeding upon y" order. Forasmuch as woUen cloth is so usefull a coinodity, w*out w"*" wee can- About slieop* not so comfortably subsist in these pts by reason of could winters, it being also at psent very scarce & deare amongs', us, & is likely shortly so to be in all those pts fro™ whenc wee can expect it, by reason of y' warrs in Europe destroying, *in a great measure, y" flocks of sheepe amongst y™, & also y« trade [*83.] & meanes it selfe of making woollen cloaths & stuffs, by y' killing & oth'wise hind'^ing of such psons whose skill & labor's tended to y* end ; & whereas, through y* want of woollen cloaths & stuffs, many pore people have suffered much could & hardship, "to y" impairing. of some of y"' healths, & y* hazarding of some of y'' lives, & such who have bene able to pvide for y" child'n cloath- ing of cotton cloth (not being able to get oth'') have, by y' meanes, had some of y'"' child''n much scorched w"" fire, yea, divers burnt to death, this Co'^t y''fore (taking into consid''ation o' g'sent condition in y' pticul', as also haveing an eye to y* good of posterity, knowing how usefull & necessary wollen cloths & stufs would be for o^ more comfortable cloathing, & how pfitable a mar- chandize it is like to be to transport to oth' parts) doth hereby desire all y* townes in gen'^all, & ev^y one in pticuler, w*''in y' iurisdiction, seriously to weigh y° ^mises, & accordingly y' yo" will carefully indeavo'' y° ^servation & increase of such sheope as they have already, as also to pcure more, w"" all convenient speede, into y'"' sev'all townes, by all such lawfull wayes & meanes as God shall put into their hands ; & for y« bett' effecting hereof we thinke VOL. 11. 14 ; 106 THE RECORDS OF THE COLONY OF 1645. meete y* it be ppounded to each sey^all towne, being called to assemble togeth', ''~'~^' ' to know who will buy ewe sheope, at y« rate of 40sh» a peece, und' 3 yeares 14 May ould, «fe how many they wilbe bound to buy, & in what they will make paym', y' so y' may be some course taken for y" sending for y™ into oth' pts abroad & y' each towne would appoint one of y™selues, who shall take a note of y° names of such as are willing to furth' y= worke, togeth'' w"" y« numb" of y" sheope they will buy, & y* nature of y'' pay, as aforesaid, & shall returne y 7* sev^'all notes to Maior Gibon his house at Boston, at or before -f first of y« & next ; & furth"", it is desired y' such as have an oportunity to write to any of their freinds in England, who are minded to come unto us, to advize y™ to bring as many sheope fro™ thence as conveniently they can, w"'', being care- fully indeavo'ed, wee leave y® succease to God. 595_ "Whereas an imposition was lately set upon all wines w* should be retailed or expended w"'in y' colony, in y* psecution of w"** ord'' much diffi- culty & inconvenience have bene found, w* hath bene observed to arise fro™ hence, y' all wines not being subiect to y* like imposition, such as were rate- able were hardly to be distinguished many times from such as were like to be free, & so y* intent of y' said ord'' in great pt frustrated, — Wines rep. It is now therefore ord'ed, y' all wiaes w* shalbe brought into y' colony in any ship or oth' vessell, eith' of o' owne, or of strangers, wheth' EngHsh, Dutch, or oth's, shall pay (by way. of custome or imposition) y" four & twen- tieth part of y* true valewe of all such wine so brought, & here landed to be sould, to be rated according to y* price currant among marchants here ; & for y* end y mast' or marchant of ev''y ship wherein any such wine shalbe brought shall, w"'in 48 houres after his coming to an anchor, & notice given him by the officer appointed hereto, repair unto y* Gov^'n' or Deputy Gov^n', or, in y^ absence, to one of y* next ma*"''', & before him deliv' in a true invoyce of all such wines as shalbe aboard his ship, w''' y* quality of y™ ; & if any such m' or m'chant, aff due notice of y' ord', as afore said, shall deHv' on shore, or into any oth' vessell, out of his ship, any vessels or vessell of wine, to y* valewe of twenty gallons, before he have given in a true invoyce, as is here before appointed, y* same wine so deliv'ed out, or the valewe thereof, shalbe forfeit. And it is further ordered, y' all such as are or shalbe licenced to retaile wines (ov'' & above y« imposition before mentioned to be paid on y« landing) shall pay for ev'"y butt of wine, & so pportionable for ev''y smaller vessell, y« twentieth part of y« valewe of such wine, to be rated according to y« currant price among m''chants at Boston. [*84.] *And it shalbe lawfull for -f officer appointed hereunto to enter into y® THE MASSACHUSETTS BAY IN NEW ENGLAND. 107 houses & sellers of all such psons so licenced to retayle wines, at all conven- 16 4 5. lent times, to take notice of y"= quantities & qualities of all such wines as may """"^f "^ 14 MaT> require payment of y^ said imposition q'^terly, & upon refusall or none paym', may repair to any magistrate, who shall have pow'^ to conrent y* pty, & upon heareing y* cause, to grant execution for levying what shalbe due according to lawe. And this €0% or -f Co't of Assistants, shall, fro™ time to time, appoint an offic'', who shall have authority to demaund & gath' y« said impositions, according to y° ord', at y" comeing in, & what shalbe transported out of y° iurisdiction by such as bring it hither, not breaking of it, shalbe rebated him or y" when its carried out ; this ord"^ to be of force upon y* expiration of y° demise of y* imposition set upon wines by y° form'' ord', & y° form'' ord'' to stand fro™ thence forth repealed & voyde. It is ordered, y' y" marshall shall demaund & take of all mast" & Marahall powe" 6'^ m'^chants y" tunage or anchorage (w"='^ is p tun) appointed & ord'ed by y» t^gage. Co't to be paid, & of y« masf's & m'chants of these two ships now here at anchor, & of all oth'^s y' shall come in hereafter, according to form' ord', -f m'shall to give an account to y* comittee of y* five townes. An Answ' to sev'all Questions ppounded to y« Gen''all Co't by f Cap^ of y« 596- Castle, y* 3'" A, 1645. !• Inprimis, to y* first question, answ'. Yo' constant garrison from y« sev'- fro™ first all townes shalbe 20 men for 8 A in y« sumer season, begining f for winter season, begining first of 9'" A, y« of -f first A, & 10 men -f y f ^ch garrison, both in sumer & wint' season, yo" have liberty to dispose of Castle according to yo-^ best skill, eith' by sea or land, for y* safety of y« & foode for yo' iland, accord^ to y« 6*'' article of yo' comission ; & for pvision of store for whole garrison garrison, yo'' shall alway have one months dyet in f their abode before hand, above yo' ordinary pvision, dureing all y time of there. expected but Lord 2. To y* 2, answ'- Y' is no constant minisf to be ; f of garrison as haveing furnished yo'selfe w*'' able gifts, yo» are to take care y* is no apparent dang', yo" yo' owne family, onely upon f Lords dayes, w" y' come up to pub- may, w" yo" see cause, give leave to halfe of yo' garrison to oth' Lords day, if yo" desire, & like ordinances in y" tumes, & yo'selfe ev'y care of y« rest tiU yo" retume. substitute some oth' of y" ableest amongst yo" to take Treasurer, make use of y« 3. To y« 3. Yo° shall receive a drum of y* & ould coles till newe be pvided. peeces 5. To y» 4*^ & 5"^- We conceive necessary y' yo" should have to ev'y 4 4, 108 THE KECOBDS OP THE COLONY t)F 16 4 5. of ordinance one barrill of powder, 20 shot, & lOii of match, & one barrell "^ ' ^1 store, of powd' for yo"^ musketers, w"" 200 weight of musket bullets still in May. 14 time, Ave ^ ^^^ ^^^ ^^ armes, & amunition, & store of y" Castle, fro"^ time to coinit to yo' care & account. 6. To y" 6. There shalbe onely one m-- guner, & out of yo'^ garrison, to traine up such to assist him as yo'^ shall find most active & capable y' way. 7. To y* 7. One third part of y« iland shall apptaine to yo-'selfe for y» time of yo' abode y', a tenth gt to y« gunner for his use, & y° rest to be dis- posed of to y« garrison, to be set .out according as yo'selfe iudge meete & see occasion, & ev'y one to enioy y° benefit y'of dureing their continuance, there. 8. To y° 8. Yo" shall not suffer any pson y* shall come upon y» Hand, or attempt y* same, eith' by night or day, to infrlng yo'' authority, or put any reproch or affront upon yo'selfe or garrison, or any way to endang'' yo' safety ; suspition of So doing, yo" may put y" , & if any shall give yo" iust cause of und' comaund & examination, & y'^upon, if yo>^ see iust cause, eith'^ keepe y" fro™ landing or apg>hend y™ on shore, & so comit y" to safe keeping, accord- ing to yo' comission. 9. To y" 9. Concerning Goodman Jay wee meddle not w"" it. 10. To y* 10. Yo" may send a boate out to examine every ship, & to ac- quint y™ w**" y° ord''s of y« country. [*85.] *To y° 11. We give no answere. 11. To y« 12. We refer yo" to o' S"' answer. 12. To y» 13. Wee refer yo" to y° 4"' article in yo'' comission, ^°- To y" 14. Y' we account an extremity, w" y* most of yo' men are dis- inabled (by sicknes, death, or wounds) to hold out ag=' a far greater strength of yo"^ enemies, w" yo" are 24 houres w^out pvision of foode, w" yo"" store of powd' & amunition is spent, so y' yo" cannot make defence though yo'' victuals should hould out, & w" yo" are w"^out pbable hopes of supply, fro"" y™ y' are to relieve yo", & no hono''able tearmes tendered to yo" by yo' enemy. 15. To y* 15. For pvision of fier wood yo" shall have free lib'ty to cut & bring away for y* use of the Castle fro™ any of y* ilands y' yet are not dis- posed of.. 16, 17. For y° 16 & 17. Touching y® ord'ing of y* watch & garrison, we leave it wholly to yo' discretion & best expience. Lastly, wee thinke meete y' ev'y souldier in y* garrison should have at all times dureing y'' abode y' two mus- kets a peece, y' is, one musket a peece of y* countryes, beside y"' owne, & so many pikes of y° countries as is needfull for y'' defence. The Gov'n' or maior gen'all shall invest y° cap? in his place. These, w"* y* form' comission in y* first iSi, 1643 or 44, are yo' directions. THE MASSACHUSETTS BAY IN NEW ENGLAND. 109 It is ordered, by y*' authority of y« Co't, y' aU ships y' come for trading 16 4 5. ' onely fro" oth"" pts, shall have free accesse into o' habo", & q^uiet riding y"", " ' & free leave to dept w*out any molestation by us, they paying all such duties ' ''^ charges required in & by law y country as oth's do. Ships for trade *° ^"^ ^'^^ It is ordered, y' JefFryes Creeke shalbe called Manchester. •' •' accesse. The Deputy Gov'n' & M' Harbert Pelham are chosen comission" for y' ships to have *<"=esB. colony, to meete w"' y^ coinission's of y* United Colonies in their next meeting ^^ at Newe Haven, & in case eith' of these be hind'ed by any evidence, y' y° Capl Cooke shall supply such defect, & if it fall out any furth'' defect by any pvidence, y' y° M'' Hathorne shall supply such furth' defect ; these comis- sion"^ shall stand to y* next day of election, & untill newe be choseru Springfeild It is ord'ed, y' o'' comission", for y* United Colonies for y' yeare, togeth' _ Coiirt. Tj^th ]\/[r pinchen, shall have power to keepe a Co't at Springfeild, upon Conec- tecot, & to heai-e & determine all causes, both civill & criminall, eith' by a iury of sixe freemen, or oth'wise, according to lawe, Sc to give y* oath of freedome to such as they shall find capable thereof. It is ord''ed, y' y* surveyor geni^all & Willi : Parks shall require y« 63. 8. use all legaU meanes 9^ due fro" M' Edward Tynge to -f country psently, & & wayes for y« spediest recov'y y' of, & lay it out & purchase powd' w"" it, & ; furth', they shall take care for y« calling for & deliv"' it to -f countries use & in Stoughtons hand, when they shall have securing of -f countryes debt M' full information thereabouts, by y« next ship.* Cotto, M' Mad- Comittees for For V* countie of Suffolke, V= Govern^ M' Hibbens,- M' togeth' der, Leift Duncan, & M"' Prichard are chosen a comittee to meete consid^ation of y' next to draw up a body of lawes, & to ^sent y" to -f Gen'-all Co''t. Nowell, M-- Thomas Sheopd, y« comittees For V* countye of Middlesex, M-^ Pelham, M' for l&iWCB to meete to- M' Allen, Capt Cooke, & Leif? Johnson are chosen a comittee y-" to consid'ation geth' to consid' of & di-awe up a body of lawes, & fsent y of y next Gen^all Co't. Bradstreete, M' Nath» For y countye of Essex, M' Bellingham, M' a comittee to meete Eog^s, M' Norton, M' Ward, & M' Hathorne are chosen sent y- to y* consid'a- togeth' to consid' of & draw up a body of lawes, & to f tion of y" next Gen'all Co't. the French busines, & 597- Coinission's are appointed by / Co't about witnesses thereabout, & f>pare same coinission is granted y" to examine -f ¥<> Leif ? Atherton, M' against y« next session of a Gen-^all Co't. GovW & are chosen, *who [*86.] Pelham & Cap? Cooke, M' Saltonstall & M^ Hathorne 110 THE RECOKDS OF THE COLONY OP 1645. hereby have pow" to sumon witnesses in y'' severall sheires, & a gt to examine y™, & search out y* truth of y® case, as they shall see cause. 14 May. It is ordered, y* y* Co'ts of Salem & Ipswich be kept by those magis- trats & oth' psons y* kept y« same y* last yeare, according to former order, untill y« Getfall Co't in October next; It is agreed, y' y? day ^scribed, by y* ord' about y* gen'all trade, for y« adventurers bringing in their resolutions thereabout, might be altered from y 4"^ first Tewsday of y« first A to y* last day of -f month of July, & w"* their subscriptions y'' for votes y« three coinittees to y house of Eich'd Fairebanks, at Boston. The clause in y« order for y* gen'all trade, concerning liberty of trade out of y* iurisdiction, is voted & assented to. M' Bradstreete & M' Symonds are appointed to keepe Co'ts at Dover for y« yeare ensuing. Cap? Wiggin, M' "Williams, & M' Smyth are appointed associates w"' y™. Ma. comp. of Whereas S'gent Maior Getfall Endecott, M'' WilK : Hathome, Cap? Sal. & Linn. Rob't Bridges, & div's oth' gentlefii of Salem & Linn, out of y'^ care for y* safety of y« publike weale, by y* advancm* of y* millitary art & ex''cise of armes, have desired of y* Co^'t to ioyne y"selues in one company, & to have lib'^ty to ex^^cise y^selues at such times as y'' occasions will best pmit, & y* such oth'' liberties & priviledges might be granted y", as y* Co't should thinke meete for y'"' betf incuragem' & furth'anee in so usefull implim*, w**" request of theires, being heard & consid''ed of, is granted, & do ord' as followeth : — Inp. 1. We do ord' y' Sergent Maio' Gen'all John Endecot, Cap? Eo : Bridges, M' Willi : Hathome, M' WUli : Clarke, Ensigne Willi : Dixie, Ser- gent Thorn : Lathrop, & such oth" as they shall from time to time take into y*^ company, shalbe called y* Millitary Company of Salem & Linn. 2. They, or y* greater numb' of y™, shall have libHy to choose y'' cap?, leif ?, & all oth' offics, y'' cap?, leif ?, & ensigne to be alway such as y* next Co'"t for y same sheire shall allow of 3. They have lib'ty & pow' to make ord's amongst y™selues for y* bett' manage of y'' millitary affaires, not repugnant to y* laws of y* iurisdiction, •^h ord" are of force afP y* due publishing of y™ to y* aforesaid millitary com- pany, & they may appoint an offic'' to levy any fines or forfeitures, w^"^ they shall impose upon any of y'"" owne company, for y* breach of any such ord% so as y* same exceede not 20sh' for any one offence. 4. That y* said millitary company shall have lib'ty to assemble y^selues for y'' miUitary exercises in eith' of y townes of Salem or Linn as often as they please. THE MASSACHUSETTS BAY IN NEW ENGLAND. m Whereas M' Symon Bradstreete, Cap? Dani : Deimison, Leif ? Edmond 16 4 5. Greenleife, ' ^ Ensigne John Whittingham, S'gent John Eemington, w*i» div's » oth^ gentlem of Ipswich, "*^^''' Newberry, Eowly, Salsberry, & Hampton, out of , ^ jT J jjj comp. of care lor safety y« y« of -f publike weale, by y« advancm' of y« miUitary art & Ip8w<*, &5. exercise of armes, have desired of y« Co't to ioyne y"selues in one company, & to have liberty to exercise y»selues at such times as y*"^ occasions will best pmit, & y' such oth' libnies priviledges y"" & might be granted as f Co'"t should think meete, for y*^ better iacuragem' & furtherance in so usefull im- plim*, w*"" req^uest of theirs, being consid'ed of, is granted as foUoweth : — 1. Inp. Wee do ord' y' M' Symon Bradstreete, Cap? Denison, Leif? Green- leife, & y* above named geni, & such oth" as they shall from time to time take into y'' company, shalbe called y MiUitary Company of Ipswich, Neweberry, & Rowley, ^d. 2. That they, or y* great' number of y"", shall have liberty to choose y'' cap?, leif ?, & all oth'' ofEc's ; j^ cap?, leif ?, & ensignes to be alwayes such as y* next Co't for y^ same sheire shall allow of. 3. That they have liberty & pow' to make ord" amongst y™selues for y* better managing of y'' miUitary affaires, not repugnant to y* lawes of y' iuris- diction, w"^"" ord" shalbe of force after y* due pubUshing of y™ to y^ aforesaid mUlitary company ; & they may appoint an offic' to levy any fines or forfeitures w''^ they shall impose upon any of their owne company for y* breach of any euch order, so as y* same exceede not 20sh' for any one offence. 4. That y® said miUitary company shaU have lib'^ty to assemble y^selues for y'' miUitary exercises in eith' of y* townes of Ipswich, Neweberry, or Kowley as often as they please. *Whereas div's gen? & oth" of y* countye of Middlesex, out of y care of [*87.] y* publike weale & safety, by y* advancm' of y« miUitary art & ex'cise of armes, have desired of y® Co't to ioyne y™selues in one company, & to have lib'ty to ex'^cise y^selues, at such times as y'' occasions will best pmit, & y' such oth' liberties & privUedges. might be granted y™ as y« Co't shall thinke meete, for y''' better incuragment & furth'ance in so usefuU implim', yf°^ re- quest of theirs, beiag heard & consid'ed of, is granted y™, & do ord' as fol- loweth : — Inpr. 1. We do ord'' y' Cap? George Cooke, Leif? Mason, Leif? Johnson, Mil. comp. of & such other as are already ioyned w* y", & such as they shall fro"' time to time take into y'^ company, shalbe called y* MUlitary Company of Middlesex. y'' 2. That they, or y' greaP numb' of y", shall have liberty to choose cap?, leif?, & aU oth' ofEc's, y*' cap?, leif?, & ensigne to be alway such as y* next Co't for y« same sheii-e shall allowe of. 112 THE RECORDS OF THE COLONY OF 16 4 5. 3. They have lib'ty & pow'' to make ord'"s amongst y^selves for y* best v- ^ , managing of their millitary affaires, not repugnant to y* lawes of y iurisdiction, 14 May. w* ord''s shalbe of force after due publication y'of to y* aforesaid millitary company, & they may appoint an offic'' to levy any fines or forfeitures w"*" they shall impose upon any of y'"' owne company for y* breach of any such ord"', so as the same exceed not 20' for any one offence. 4. That y* said millitary company shall have hberty to assemble y™selues for y'' millitary exercises in any towne by y™ ord''ed to be assembled in y« county of Middlesex at y'' pleasure, jivided y'"' dayes of ex'cise be not at such times as may hind' y* millitary assembly of Suffolke. Pomhome & Sacononocho complaining to us y* many Indians, dwelling 20 miles beyond y™, (being freinds & helpers to y* Narragansets in y'"' ^sent wars w"^ Uncas,) are come upon y'"' land, & have planted upon y same against y"* wills, they not being able to remove y", & y'fore desire o' counsell & help, we y^'fore advize y™ to send a messenger to y* sachim of those intrudes to come to us to give an account of such his intrusion : if he refuse to come, y" wee would have o' messeng' charge y™ to dept fro™ Pomhome & Sacanonocho y'' lands, w"** also if they refuse, y" we shall account y™ as enemies. A rate. Hingham, . 015 00 00 Linn, . . . . y025 00 00 Waymoth, . . . 010 10 00 Ipswich, . . . . y06i 10 00 Braintree, . 010 10 00 Newberry, . y023 00 00 Dorchest', . , 043 17 06 Salsberry, . yOlO 00 00 Eoxberry, . . 037 10 00 Hampton, . yoio 00 00 .' Boston, . . . 100 00 00 Rowley, . . ^015 00 00 Dedham, . . . 020 00 00 Sudberry, . . . ^011 05 00 Concord, . . . '015 00 00 Meadford, . . . yoo7 00 00 Watertowne, . 041 05 00 Woobourne, . ^007 00 00 Cambridge, . . 045 00 00 Wennam, . . . ^003 10 00 Charlstowne, . 055 00 00 Glocester, . . . ^004 17 06 Salem.^J%AA^\JA,^A% t . . 045 00 00 178 #2 06 438 1% 06 438 12 06 616 15 00 This levy of 616. 15, each townes pportion is as above exf>ssed : its de- termined y* each towne should pay y* one halfe of their rate to y* Treasurer w'Mn 3 &., in cattle, to be valewed by 3 men indiff-'ently chosen by y« Treas- urer & owner y'of, in beaver, mony, wheate at 4', barley at 4sh% rye 3= 6'^, pease Z^r', Indian come 2. 8* ble, y« oth' halfe p & at or before -f last of y« first & next. THE MASSACHUSETTS BAY IN NEW ENGLAND. 113 Upon weighty reasons moveing, it is ord'-ed, y« M" Chamberlin, widowe, 16 4 5. sister to M"^ Israeli Stoughton, (lately a worthy member of y= comou weale,) U May. shalbe alowed out of M' Androw.s gift eith'' a cowe or five pounds. Upon sight consid'-ation & of a lett' fro"" M"^ Browne, of BristoU, con- M' Browne ship. cerning -f great losse w^'' himselfe & some oth' of o' friends have sustained, About y» Bris- by losse of y« ship taken -f by Capl Stagge in o' harbor Sf y' desire, w'^all, y« tow ship. y' Co''t would please to petition -f Parliam' for j^" releife, it is ord^^ed, y» such a petition or lett'' should be sent, wherein f true state of y« case may be ex- ^ssed, y« rath"^ because some false testimonies given in j^ admiralty were some cause (as is reported) of y* iudgm' given against y* said ship. In answere to M' Russells petition, y'' appearing diversity of information 597- about y* ship Gilbert, (shee *being absent,) wee not being able to heare & de- [*88.] termine y* difl^nce thereabouts, it is ord'-ed, y' y* m'^chants, w*^*" tooke y° said ship in reprisall, be speedily called, & caused to give in sufficient security to be responsall therefore in case, id, & y* y* security be ^sented before any furth' j>ceeding, sufficient security being given in. We iudge y* Maior Gibons should pay to M" Eob't Saltonstall & ex comp* out of y" jceeds of y* m'chants goods, brought in y" ship Gilb't, y« sume of Hill 263* 05sh% w'^'^ is paid for y" seamens wages ; pvided, M' Valentine ioyne 5"" ifi. in sealing y* thousand pound bond w"" y" rest. Da : i"" Josua Hubberd, for his sev^'all miscarriages, is fined . ^020 00 00 Edmond Hubberd, for his miscarriage, is fined . ^005 00 00 is fined . y003 00 00 Thorn : Hubberd, for his miscarriage, . ^001 00 00 Edmond Gold, for his miscarriage, is fined . John Eoulsham, for his miscarriage, is fined . ^005 00 00 Daniell Cushan, for his miscarriage, is fined . y002 10 00 William Hearsy, for his miscarriage, is fined . y004 00 00 . y005 00 00 M'' Bozoon Allen, for his miscarriage, is fined . >002 00 00 M' Peter Hubberd, for his miscarriage, is fined y046 10 00 beare his im- Hingham busi- John Tow's sensure, for his delinquency, is, y' hee should , nes. or oth'wise. prisonmS pvided he beare no oth' censure, eith' as petition' 53* 10sh« by an equall rate by The other 73 petition's are ord'ed to pay fines sums are of Co't j & said & y pole toward r payment of r charge r ^ 5"^ A. ord'ed to be paid w«>in three months. 4"^ charge, have an admoni- Leif? Eames was adiudged to beare his owne & consent of authority, & other failings. tion for laying downe his place w">out VOL. 11. 15 114 THE EECORDS OF THE COLONY OP assembly. 16 4 5. This und'^written was agreed on to be openly read to -f wtole Co^'t, haveing very largly hard & debated a complaint brought U Ma ^^® Gen'all Gou Winthrop ag' John "Winthrope, Es^, Deputy Gov^'n'', by c'teine psons of Hingham, do eaimg. y' legally acquited of those things y' have bene iudge -f Deputy GovV is complained of, or layd to his chargCj & have therefore, & for their oth' offences, punished y said complainants by sev''all fines to be paid y* country y* sume of 46. 10% & for charges of y* Gen'all Co't, 53. 10% & for y* Deputy Gov-'ner his clearing wee desire y* country will hereby take notice. Leif? Tory is appointed to take care of y* company of Hingham, to trains & exercise y' traine band there, till y" Co''t take furth' order. Sirths to be Henry Eust is appointed for y' recording of births, burialls, ^6, in Hing- recorded. ham, in y roome of M"^ Peck. M" GloT" "We, whose names are und''written, have layd out M'^^ Glov's farme as fol- farme. y"= loweth, vizj : Sudberry line is northeast bounds ; y° northwest bounds y''of is y* great ryver ; y* southeast bounds y^ river y' issueth out of y* great pond at Cochituate ; y* southeast bounds fro" y* place where y' little ryver runs out of y* great pond till yo'' come to y° northeast end of y° said pond, & so to y* northwest end of the little pond, & fro" thence to y'= northeast end of y" said little pond, & fro" thence to y* neerest place of Sudbury line, according unto y* marked trees. "Witness hereunto y' 7"^ of y" 10''' A, 1644. THOMAS MAYHEWE, PETER NOYES, EDMOND EISE. M' Dunst' We, whose names are und'written, haveing layd out M' Dunst's farme as farme. foUoweth, vizj : Y" land lying between y* ponds, contiguous to M" Glov" farme abovesaid, being y<^ southerne bounds of y= farme, & ruiiing on w"" y* great pond fro™ y southest^ne bounds, unto y® place where it is foardable. Sudberry line for y° northwesterne bounds, & for^°' northerne & northesfne bounds y" meadows to y" quantity of fifety sixe acres, (if y' be so much,) abbutting on wheth'" side soev', a little creeke y' runeth into y great pond, near to y foresaid foard, & a straight line drawne fro" y° said creek to Sud- bury line, w"^ it is nearest. PETER NOYSE, EDMOND RISE. [*89.] *The Co't is willing y' when y councell of y comon wealth shall have About M' Na : taken an account of y° coinittee about M' Batons estate, y' y° they take care Baton. for y* sending of a letf to Virginia accordingly. THE MASSACHUSETTS BAY IN NEW ENGLAND. 115 It is ordered, y* next Co't -f at Boston may heare & iudge y« cause 16 4 5. ' ^ between Cap? James Smyth, M' David Sellick, Isaack Grosse, & Thomas < Kszar. "M^^ Ca: Smyth. John Cogswell is granted to forborne be untill -f last day of y« first A, Jn« Cogges- ^"^ 1646 petition' is rec[uired ; & -f not to faile to give -f Treasurer satisfaction for y* debt by y* day g>fixt. It is ord'ed, y' if M'' Allerton can pve y' hee deliv'ed goods to y* y'' M'Alerton. Gov'^n"', or any oth' appointed by authority to receive y™, to y« valewe of 179. 12% for y« use of y<= country, & will take his oath y' y"" is yet due to him 49. 12% to ballance his account, that it be paid out of y* country. jNI"^ Glover, Leif? Atherton, Edward Goffe, & Edward Oakes are a comittee A highway °^ ^^ appointed to lay out y^ way through Roxberry lots to Boston farmes, & to i^tte. iudge what is meete satisfaction to y* pprief^s for y" way ; & y* they have power to impose an ec^uall pt upon all such of Boston or oth'^ townes as shall have benefit of such way. Samu : Philips, for maintenance, is referred to y" next Q'ter Co^ to be Sa: Philips, answered as shalbe thought most meete. Whereas this Co''t is informed y* y' is no drume w'Mn y* towne of Salem, Salem. w''by y* inhabitants y''of have no meanes of giveing warning one to anoth', or to oth' townes or farmes by any alarum, upon y° approach of an enemy, y* defect whereof may endang'' the lives & estates of such as dwell there, as also be very ^iudiciall to y* whole coinon wealth, — this Co't, therefore, takeing y° pmises into consid'^ation, doth hereby order, y' y* said towne of Salem shall {•vide two good di-ums, to be always ready upon occasion for y° towne & band, to be pcured w**'in three weekes, upon y° pcenalty of five pound. Dated the 3'" 5* m. To y* Cunstables of Boston. Yo" are by vertue hereof required, at or before y« 7"" of y= instant & of Ord' as to y . . , Castle supply. July, to send downe 4 sufficient men, w'" sufhcient armes, vizj, musket, swords, rests, & bandilers, to y'' Castle Hand, y'' to remaine, und'' y« command y" garrison, w"'' belongs to yo'' of Cap? Rich : Davenport, as fit of yo' pt of towne to have, yo' oth'' pt of souldiers like furnished, ready w"'in 24 houres after yo" receive notice fro" y"' said Cap? Davenport of his being ready & yo'' are to see y' this warrant be discharged & fulfilled, willln"- to receive y" ; und' y« pcenalty of 5* for ev''y defect yo" shall make herein, to be levyed on defect made by yo"- psonall estates by y« marshall, w'4n 24 houres after any required, y« first of August next, to yo" in any of y^ f>mises ; also, you are by same to Cap? Rich'd levy on yo"^ towne 14', as pt of yo' rate, & to pay y" , to be Davenport, in wheate, or such other pay as y« Co't shall ord' y* levy 126 THE RECORDS OF THE COLONY OF faile y^ to be y* forme of y« warrant y« 16 4 5. paid in, & at y' price, here not to ; " '' ' shall issue out of y' Co't to y'' sev''all townes ; Charlstowne, Dorchest', & Cam- ''^' 9* bridge to send for ^sent 2 men a peece, & pay a peece ; Roxberry to pay 9*, & 100 bis of come, & no men. for his last yeares M'Endecottto It is ord-'ed, y' Maior John Endecot hath alowed him have 100". service as Gov'n', & whereas hee hath already received a pt of y« said 100*, it gen'all shall put in band to y= Co't is furth' granted, y» in case -f said maior for yo repaym* of so much mony as he hath already received in pt of -f said sume, (into y" treasury,) w'l'in two years fro™ y" day of y« date hereof, y' y° y« Con doth hereby grant unto y* said maior gen'all y* sum of 100*, to be paid to him or to his assignes out of y* treasury. [*90.] *Whereas yo", Sergent Maior Gibons, are cheife millitary offic' of y' traine 597- band of y= towne of Boston, yo" are by y= Co't required & authorished to see Maior Gibons ^ . ]^^^-j^ g^[^ towne & harbo', fro™ all hostile & mutinos ^ ^^^^ ^^ ^g r ^ ^ ^ his conussion. •' ^ attempts or insurrections, & for y* end y'^ is hereby comitted to yo'' charge all fortifications w'Mn y° said towne, w"" all y° ordinance & amunition to y* same belonging, & yo" shall have alwayes in readines one barrell oi powder for ev'y 6 peeces of ordinance, w"» 12 shot & 5 pound of match ; if any ships w'^'in y" harbo' shall quarrell «& shoote one at anoth', w'by y* people or houses may be endangered, yo" shall use yo' best endeavo' & power to stay & supprese attempts, & to bring such ship or ships und' coinaund, & to be in peace, untiU y* magistrates may assemble, whose furth' ord' & direction yo" are to observe ; & yo" shall take order to have alway some souldiers listed, to be in a readines for any ser- vice yo" shall have occasion to imply y" in, by vertue of y" comisson, & yo" are to give notice of -f tenure of y' coraission to all ships ariveing in y* harbo"^ fro™ forraine parts w^'in 24 houres after their comeing to anchor ; upon any neces- sary occasion of yo'^ absence yo"^ shall leave yo'' leif ?, or next cheife officer, to take care of yo' charge y^ coinission to continue dureiug pleasure of y' ; y Co't. Ma : Sedgwioke The like comission is granted to Sergent Maior Sedgwicke, in Charles- his com. towne. It is ordered, y' Braintree shalbe abated out of their next levy, for their deputies lodgings, lOsh^ It is ord'ed, y' y« treasurer shotdd pay Groodwife Hackburne for paines shee hath tooke y' & y« last Co% 20sh^ It is ord'ed, y' -f Treasurer should pay 13^= to y« wife of Eich'd Sher- man, as a gratuity for her care & paines y^ Co't about o' dyet, and a noble to y* oth' helpers in the house. THE MASSACHUSETTS BAY IN NEW ENGLAND. ^jy The Co'-t hath appointed James Penn to take account of w* is due to y« 16 4 5. country for beaver trade, for 6^ ' r & y" 4. for ey^ action tried, & to gath' up <— such fines as any pson hath bene fined at ; to help to ^"''^,. save y* countryes charge, ^, Leif t Willard can direct about y" beaV trade. b^v"tafde.'° yt It is^ ord'ed, lett^s should be forthwith written & sent to y« commission's Cosiiss" of of y= United Colonies, to desire y'' '°'- '.''^"'''^ speedy meeting here at Boston, to conferr "''"'^ of such weighty matt's as are thought meete by y= Co't to be ^sented to y-, whereby y" determinations y'about may be ^sented to y« Co-^t. It is ordered, Rich'-d y' Sherman should be alowed 19" for lodging 3 of deputies y« & y= GoVn-'s men, & widow Web 5^' for lodg^ one deputy. It is ord'-ed, y* a letf should be writ to j" Narragansets to desist from warr upon Uncas.^ It was ord""ed, y' a letter should be writ to Benedick Arnold to do his messuage to y" sagamore of y= intrudes, & to recjuii-e him to come to us, or de- part fro™ y« lands of Pomhome & Sacanonocho. Ordi^ An about y"= Choyce of Serieant Maiors, & y*' Charge, y= Clarks of y« 598- Bands, w"' y'"- Charge, & Oath, & Millitary Watches. is It thought convenient, in regard y' is a vacancy of y« office of sergent Choyce of ser- '"^'°''=- maiors of regim'" at y' time, y' upon y" 16'^ y= 5* 4"" S^'"" day of ifi, being f day of y" weeke, y^ traine souldirs of ev^y town in each sheire w"^in y» patent shall meete togeth"' & nominate such a man or men as they shall iudge fit for y" oflfice of s''gent maior of y' regim', & y' not onely freemen, but all y' have taken M- Pelham *='"'**'^°'=°^- y" oath of fidelity, or shall take it before y» election, (except servants or un- setled psons,) may have lib^y of y'' votes ; & because many townes find it a great burthen to y"', w"^ they have no ma'"''^ neare, to cany so many of y'' in- habitants so farr to take their oathes, it is ord'"cd, y* power is hereby given to y« cap?, or in y" defect y''of to y" next cheife offic'' of y° company in all townes, to administ"^ y* said oath of fidelity to such souldiers as are willing to take y* same, before they give in y'"' votes, & such as do fcike their oathes to be certified to y° next Co''t of y' *countye, to be recorded, w* votes of y* whole company [*91-J shalbe sealed up & deliv''ed to one or both y" deputies of y* said towne, or any oth"' freeman y' y"^ towne shall appoint, & they to carry y™ to the sheire towne of each countrye, upon y" 23"' day of y^ 5"" m, by tea a clock in y° forenoone, & y"^, before one or two of }* ma'™'^ of y" said towne, to open )'* pxies w"" y said deputies or freemen, & hee y' shall have y" greater number of votes, being a freeman, to be ^sented, by one of y^ ma'"*'" of each sheire towne, to y* sergent maior gen''all, w^'in one weeke at y* most after y* election, who shall instauU, confirme, & establish each serieant maior in his place for one yeare, & L18 THE EECOKDS OF THE COLONY OP 16 4 5. they to retaine y"'' place & pow'' till a new election be made by ord'' of y» Gen'all Co^'t. And to avoyde y* vacancy of a place so necessary, for time to 14 May. comej if any leave y''^ places, or be removed out of y", y" serieant maior gen'all for y^ time being shall, w^'in one month, at y* furthest, aft' such a change, send downe his warrants to each towne in the same sheire, to make choyce of one or more maiors, according to y* -forme above mentioned. Serieant ma- And y' ev'y serieant maior hath not onely liberty, but also is enioyned, iors. once ev'y yeare at least, & oftner upon any needfuU occasion or coinaund from y* maior gen'all, to drawe fourth his regim* into one convenient place, & y' to put ev'y cap? & offices of y° companies in y'' places, & to instruct y™ in y'' duties, according to y" rules of millitary discipline, & to ex'cise his regim', wheth' it shall consist of horse, pikes, or musketers, according to his best skill & abilities, as if he were to leade y™ forth against an enemy. Farther, y' ev'y serieant maior not onely hath pow', but is enioyned by y* CoH, twice ev^y yeare to send forth his warrants or suinons, to require y* cheife ofEc's of each company in his regim' to meete at such time & place as hee shall appoint, & y'^ w"" y™ to conferr & give in coinaund such ord's as shall by y™ be iudged meete, for y'' better ordering & settleing of y* pticuler com- panies in millitary exercises, & y' these offices of such pticuler companies shall bring w"" y"" a note, fro" y* roales of y'"' sev'all clarks, of y' names of such in y'' sev'all companies as remaine delinquents, & have not given satisfaction before to y° cap?, or cheife offic" of their companies, for all defects, eith' in y'' armes, amunition, appearances, watches, offences, or y* like, & y' y* said maior, w"' y« consent of those officers then met togeth', shall inflict such fines or poenalties, according to lawe upon delinquents, as shalbe iudged equall, & to give order to y« clarkes of y* sev'all bands to take distres for y* same w"'in one month after such order, if before they give not satisfaction. Clarkes of And because wee observe many defects in makeing appearance in fit bands. armes for service, & otherwise, we ord' y' y= Co't shall cause to be inserted into ev'y clarkes oath, — 1. First, y' upon ev'y training day twice, once in y" forenoone, as also in y= afternoone, if y° cap? require it, at such time as y" cap? or cheife offic' y' is y' in y" feild shall appoint y« call, or cause to be called over -f list of y« names of all y= souldiers, & y' he shall give his attendance in y« feild all y« day, (except he have speciall leave from his cap?, or cheife offic',) for ye takeing notice of any defect in y» absence of souldiers, offences, ^d, y' doth often fall out in y° times of ex'cise, as well as in y^ calling ov' y" rowle. 2. That twice ev'y yeare, at least, he shall veiwe all y« armes & ammunition of y« band, to see if they be all accords to law, w""" we conceive will best be THE MASSACHUSETTS BAY IN NEW ENGLAND. accomplished after y' y<' mann- y' dark *shall signify seasonably to y' cap?, or cheife offic>^ of y« band, and they to give notice to y« souldiers y' upon such a training day, appointed, they be required to bring in y* forenoone all y^ li^^\ " armes amunition & into y feild y' is required by law, w' they shalbe appved or disallowed by y« iudgm' of y« said cheife offic-'s, y" in y" feild w'" y*' clarke, who have comonly more experience in y-^ fitnes of arms y" y clarke hath, & to sec souldler y' eVy have one pound of powder, 20 bullets, & 2 tathome of match, w* musket, sword, bandilers, rest, & upon -f poenalty of 10' for ev'-y defect, 5' & to levy forfeit upon all souldiers y' shalbe absent from training, or defects in watching & warding, except they be discharged by y^ cheife offic''s of company, y & y' -f clarke, as often as hee shall see occasion or doubt, is hereby enioyned to use all diligence to veiwe e\'y ones armes, wheth"' they be compleatly furnished w**^ all arms & amunition y« law requires. 3. That all inhabitants, as well seamen as oth''s, are to have armes in their The clarke. houses fit for service, w"' powder, bullets, match, as oth"' souldiers, & y' fish- ermen, shipcarpenters, (the deacons are hereby exempted fro"' watches & wards,) & others, not exempted by lawe, shall watch or pvide a sufficient man in their roome, & to traine twice a year, according to y'^ order. 4. That y° millitary offic''s of each company shall appoint what arms ev'y souldier shall serve w"', so y' y' may be two thirds muskets, & y' those w""* serve w"' pikes should have their costlets & head peeces. 5. That y' clarke shall, w*''in one wecke after every traineing day, truely ^sent a list of y'^ names of all y' are delinquents, & of y' defects of y° band, to y* cap? or cheife ofEc"' of y" company, y' he may have y™ all in a readines to carry w''^ him (when y" maior of y'^ regiment shall appoint his meeting) w* have not before given satisfaction at home, according to lawe ; & y" order that gives pow' to y'' magistrate to release upon none appearance is hereby repealed. 6. That y clarke shall (w"'out all partiality) demand & receive all fines, w'^'' if any shall refuse to pay, y" ho shall make distres upon y° goods of all such gsons as shall first, by y" cheife officers of y"" owne company at home, (or by y" maior & cheife offic''s met together, as before mentioned,) be iudged delinquents, & y' y" clarke, w"" y= advice of y" cheife offic''s of y'' ovme company, shall speedily lay out all fines received, eith"^ in ensigne, drum, holberds, caudle, or wood for their co'"t of guard, or to pvide powder or armes for y porer sort, or oth^vise for y best use of y= company, pvided y' no clarke of y'' band shalbe chargable to y« execution of any former order, by vertue of his said office, other y" such as are coinitted to his care & charge by this ipsent order. 7. Lastly, if any clarke of a band being chosen, & accepts y° place, & yet 120 THE RECOEDS OF THE COLONY OF company shall 16 4 5. afterward shall refuse to take his oath, shall pay 40^ & y" y« Y 40' till choose anoth'" ; & all that refuse y« oath, as before, to pay a peece, one H May. fines doth hold ; & hee y' doth accept j' place shall have a fourth part of y° for his labo'' ; & y" ord"" y' granted a third part is hereby repealed. The Oath of y« Clarke. Yo" shall truely sweare to pforme y* office of a clarke of a traine band to y" utt'most of yo"' ability or endevof, according to y' pticul''s specified in y* order. So help yo" God. in all Townes. [*93.] *For y^ Charge for y' Millitary "Watch 1. Inpr : It is ord''ed, y' y* watch shalbe set & have their charge by y* direction of y^ cheife offic'"s of y' place halfe an hour after sunn setting. Watches. 2. That y' watch, being set out, (w"'' -wee thinke should stand double, a pike & a musketere togeth"',) shall examine all psons that they shall meete w*all w"^in y° compas of y'' watch or round ; & all such as they shall sus- pect, to carry to y° co't of guard till y* morning, & before they be dismised, to carry them to their cheife officers, to be examined. Military 3. If f' sentinell or watch shall meete w"' such as shall pve too strong for watches. y™, or by y^ carriage shall give iust cause of suspition, or will not submit to their comaund, or if they shall eith"" drawe upon y™, or ofier any such affronts, in words or actions, as shall put y™ in feare, or in hazard of their lives, they shall charge their pike & discharge their musket upon y"", & returne w"" speede to their co't of guard, & raise an alarum, pvided alway y' in times of peace, y^n jB councell of warr, or y° cheife millitary office's of any company, shall not ap^hend danger by y° neernes of an enemy, it shall not be in y" liberty of any sentinell to hazard y= kiling of any pson or psons, except in his owne neces- sary defence ; but if the case require it, he shall raise an alarum, or retire to the co''t of guard. Pasca. In regard there are no magistrates at Pascataque, coiiiission is granted by this Courte to Cap? Wiggen and the other associates there to see to the ^ser- vation of the peace ; & any two of them to heare & determine small causes of civiU nature not exceeding 5*, & such criminall offences as the law hath ap- pointed c'teine pcenulties for, either by whipinge, stocks, or fines not exceeding 20% reserving liberty for appeales. A passe was granted to 7 of Mounsir Latores men. La Fortune, Columbie, St. Aubin, La VioUe, La Eose, La Garenne, La VioUe Suisse ; & these 7 shalbe alowed 7* in ^visions, on the country charge. j THE MASSACHUSETTS BAY IN NEW ENGLAND. The order against drinking one to another is hereby repealed. The Co't is adiourned till the first 4* day of the 8'" month, unlese y« Governor see cause to call the Co''t sooner. *To the R' Honorable the Lords & Comons of the high €o't of Parlia- [*94. nient in the kingdome of England. The humble Petition of the Con of the Massachusets in Newe England. Humbly sheweth, that whereas a ship of BristoU, called the Mary, being peaceably trading in our harbour, was surprized by Captaine ^ Stagge, with- out our licence or privity, and whereas, being called to account for the same, hee shewed us a comission from the authority of this high Court to take any ships belonging to Bristoll, {d, by occasion whereof (out of our due respect to this hono'^able Court) wee thought not fit to contend with him, but onely permitted him to carry away the said shipp ; but so it is that the m'chants, M- Hugh Browne & INI' Philip Jackson, two of them being men, as wee are in- formed, well affected to the king and Parliament, are hereby much weakened, and both themselues and divers others are also discouraged from sending any further supply unto us, whereby wee are like to be much distressed for want of such necessary comodities as they were wont for many yeares to, send to us, — May it therefore please this high Court ^ ^ this cause into their se- rious consideration, and so to tender the great losse of the said marchants, and the interruption of our trade, by this meanes, as it may be declared by some act of the same, that no such attempt may be made hereafter upon any shipps in our harbo''s, or of any of o' confederats in Newe England, and that such in- couragement may be given to the marchants of the cittye of London, or other places, for suppliing of us in due time, as to the wisdome of this high Co''t shall seeme expedient. *Jt a Session of the Gen^all Co% the 12'' of the 6" M", 1645. [*95.] 12 August. towues, It was ordered, that there should be a milUtary watch in all the offic''s for that end & that warrants be issued out from this Co''t to all millitary forthwith. it matter of great Forasmuch as this Co^, upon good grounds, conceive a colony against concernment to secure (what in them lyes) all townes w'^in this the expected incursions of y* Indians, — officers of every company It is therefore ordered, that the cheife millitary ward kept upon the out shall w"^ all diligence take care that there be a dayly VOL. II. 16 122 THE RECORDS OF THE COLONY OF 16 4 5. skirts of their sev'"all townes that lye within their severall charges, & that they "^ "" ~^' send out careful! & dayly skouts for the rainglng of the woods upon the bor- 12 August. ders of their sev''all townes, the charge to he given to the said ward, or scouts, & y^ manageing of this busines be left to the faithfulnes of the said cheife milKtary officers to presse such & so many horses within the limits of their charges, as they shall see necessary, for the carefull discharge of this dayly service ; this to stand in force till the Co^'t or the standing councell shall take farther order ; also that care be taken to ^serve the farmes. This Co'^t takeing into consideration the dayly exercise, w"'' the severall townes within this colony are Hke to have by reason of the ^sent warr with the Indians, & accounting it to be witliin the care of this Co''t to pvide for the safetye of ev^'y part aswell as the whole, it is therefore ordered, & hereby power is given to the cheife coinanders of every company, to appoint out & to make choyce of thirtye souldiers of their companies in y'= hundred, who shalbe ready, at halfe an houres warning, upon any service they shalbe put upon by Knapsacks & their cheife millitary officers ; and it is further ordered, that the traine soul- diers of ev'^y company shall forthwith pvide themselues to be ready w''' their armes ready fixed, & that they have powder, bullets, match, & bandilers al- wayes ready, according to former order, as also y' ev'y souldler pvide himselfe a knapsack, to be in a readines (upon any service they shalbe called to) at or before the 25"" day of this ^sent 6"^ A; and if after y'= said J^fixt time any such souldier shalbe wanting of a knapsack, y' then the clarks of the bands W*''in their severall companyes have hereby power & are required to distraine to the valewe of 5sh' upon the goods of all such as shalbe found to be defec- tive herein, who shall, w"" part of the said fine, pvlde the said delinquent a good knapsack, & the clarke shall have the rest for his paincs. In regard of the great danger y' Concord, Sudberry, & Dedham wilbe exposed unto, being inland townes & but thinly peopled, it is ordered, that no •man now inhabiting & settleed in any of the said townes (whether married or [*96.] single) shall remove to any other towne without the *allowance of a magis- trate, or other select men of that towne, untill it shall please God to settle peace againe, or some other way of safety to the said townes, whereupon this Co^t, or the councell of the comon weale, shall set the inhabitants of the said townes at their former liberty. The comission''s of the United Colonies, haveing considered of Serieant Maior Edward Gibons as a pson fit to be implied in cheife comand over all such forces as are now to be sent forth from all the colonies in ayde of the Mohegen sachim, have thought fit to signify so much to yo'^, that if yo" shall not advize us of any thing w"*" may be a iust impediment hereunto, wee THE MASSACHUSETTS BAY IN NEW ENGLAND. may pceed to give him a fuU call to that servise ; & w'^all it is desired, that if yo' thoughts connun- ^y^^ ours, yo" .vill please to spare him from attendance upon the busines of this Cct, that lie may g>pare himselfe to be ready for y" impliment he is now to be called unto. Answered, the Co^t knoweth no iust impediment against Maior Edward Gibons, & have dismissed him from the service of this Co''t. The Co-^t, haveing considered (upon conference w* Maior Gibons & others of good iudgment in these affaires) that Capl Leveret is a fit person to have charge as a capl, under the coiuander in cheife, over part of such forces as are to be sent out of this iurisdiction, — The Co'"t conceive that M' Loyall, the durgeon, lately come out of that anpliment of the Earle of Manchester, in England, may be fit to be sent forth w"^ o'' g>sent forces, in that impliment. It is ordered, that a presse should fsently be sent out for to raise the souldiers, according to former advice. Whereas some of those souldiers w'''' have bene sent fourth abeady in the lnns= of come ^^' ^sent expedition, & others who are soone to be sent forth, have, themselues, or their masters, or parents, w"" whom they lived, some corne & hay to be cut downe & ^served, w'='', by reason of their fsent absence, wilbe in danger to be lost if care be not taken for the same, — It is therefore ordered, that in every such case the cunstables of the towne (upon reqTiest made to him by the partye) shall pcure so much help of men (if volcntarily they may be had, or otherwise by impresse) as shall pforme so much of such worke such souldier (if he had stayed at home) might have done in the ininge or ^'serving such corne or hay, the party paying the ordinary wages for the same, for which this shalbe sufficient warrant. It is ordered, that Leif I Humfrey Atherton, already sent forth w'** forty men in this expedition, as soone as he shall meete w"" o"^ forces that are to go out under !Maior Gibons, shall have the sole coinand of those 40 men, as their cheife *coiiiander, under the said Maior Gibons, who is commander in cheife [*97.] of all 3'^ forces to be implied in this expedition by all the United Colonies. It is ordered, three horses should be pressed from Dorchest', Brain- tre, & Waymoth, w"' sadles & bridles, to be at Boston to by 7 of the clocke in the morning the IS"' of this 6* A, to go to the Narragansets. It is conceived meete y' there should be a day of humiliation throughout y" severall plantations of this iurisdiction, the 28"" ^sent, to humble o' soules before God for y<= many sinns y" severall plantations & all y* country stand guilty of, earnestly seeking a reconciUiation w"' him, & his bless^ on o' forces, sent & going out, also for o' native countryes troubles. 124 THE llECORDo OF THE COLONY OF 1 G 4 5. It is ordered, that Leiil Tory shalbe cheife millitary officer In llingham, "^'^ ' & act according as other millitary officers, till y^ Co''t shall take further order. 12 August. In regard y' the regiment of Suffolke will want a serieant maior, in y" absence of Maior Gibons, it is ordered by tins Co't, y' Maior Borne shall have power to execute the said office in y" said regiment untill y* returne of Maior Gibons, or untill oth' co'se be taken by authority of this Co''te. A rate. It is Toted, y' the levy that shalbe issued out of this Co''t for this expedi- tion shalbe the same y' was granted the last Co't, vizj, 616. 15', to be ppor- tioned as the former rate was, upon the severall townes, to be paid into the treasury, the one halfe thereof at the time of payment of the first halfe of the last rate, w°''' is in the 8"" month next, & the other halfe of this rate, w"* the other part of the last rate, in the begiiiing of the first month next. It is ordered, that a ioyner should be pressed to make a surgeons boxe for M' Lisle, & the cunstable to pvide ould linnen for the surgeons use. M' WilHa"" Pelham is established cap?, & Edm* Goodenow ensigne, of the company at Sudbury. It is ordered, that M' Edward Tinge & M' Franc Norton should be comisaries for the forces already sent, & to be sent, in this expedition, to make pvislon for them by presse or else. A Warrant to the Surveyer Gen''all. Forthw"' to pvide a sufficient quantity of musket bullets, pistoU bullets, & swan shot, & match ; & if he have not lead & moulds in store, y* then yo" take up so much leade, pis[tol] bullets, swan shot, & match, where yo" can [*98.] find the same, as may serve the occasion, giveing to the owners *severall tickets, whereby they may receive due satisfaction from fjne Treasurer, accord- ing to y' rates for w"*" such things are sould in the shops or warehouses in Boston, for which this shalbe yo'^ sufficient warrant. It was ordered, Richard Fairebanks should be paid by the debt of M' Edward Tynge his byll of x*. Various uten- A note of perticulers of what j)vision wilbe needfuU for the ^sent expedi- silB for the tion, for the supply of 200 men : Bread, tenn army. thousand ; pease, three hogs- heads beife, six hogsheades, ; cut into messe peeces ; fish, tenn kintalls ; oyle, tenn gallons ; vinegar, one hogsheade ; strong water, one hogshead ; wine, at yo' pleasure beare, ; one tunn ; one hogshead of oatemeale ; two hogsheads of flower ; butf, sixe firkins raisings of ; the sunne,two barrells ; shugar, i c. for sick men ; candells, one dussen ; hatchets & axes, twelue ; canvis, fortye yards ; spades & shovels, thirtye pick axes, sixe sixe ; ; kettels for boyling victuals ; ; ' THE MASSACHUSETTS BAY IN NEW ENGLAND. 125 platters, tHrtye sixe ; payles, tenn ; canns or potts, twentye ; salt, one hogs- 16 4 5. " head ; 200 fathom of cod Uiie. 1— This Co'^t, ^^ •^"S"'''- havoing taken into consideration how the necessary affaires of this iurisdiction, whether they concerne this peculiarly, or have referrence to the rest of our confederated colonies, may be duely & spedily transacted in the vacancy of the Gen''all Co''t, (for the satisfaction of the coiuission'^^ in respect of the weighty & suddain occasions in hand,) doth expresse, that the Generall Co''t ought to be called by the Governo'^, when the importance of the busines doth rcquiie it, & time & oportunity will safely admitt the same, and that all other necessary matters are to bo ordered & dispatched by the maior part of the council of the common wealth ; and therefore to that end letters, signifiing breifly the busines, & the time & place of meeting for consultation, ought to be sent unto the Assistants. Also, that seaven of the said Assistants meeting, & the Governo'' or Y' matrats as- ^^"^ Deputy Governo'' being one, is a sufficient assembly to act, by pressing of soul- "^' diers, or otherwise. And, in case of extreame & urgent necessity, when endeavo" are reasona- bly used to call the Assistants, & the busines to be dispatcht will not admit delay, then the acts of so many as do assemble are to be accoimted vaHd & sufficient. It is intended, that the gen^^all words above written conteine in them power to presse & send forth souldiers, & presse all manner of victualls, ves- sells, carriages, & all other necessaries, & to send warrants *to the Treasurer [*99.] to pay for them. 8"" The Co't is adiourned to the first 4"' day of the month next. 8'* M a Session of the Generall Court, the First of the Month, 1645. 1 October. 1. Inprimis, that the undertakers, their agents & assignes, are hereby grant- 600- ed the sole priviledge & benefit of makeing iron, & managing of all iron mines & workes, that now are or shalbe discovered & found out, or hereafter shalbe in the former graunt tliis iurisdiction, for the tearme of twenty-one yeares from provided, that the said adventurers, their agents or assignes, do, Jivithin three their utmost skill to yeares fro"" the former date, use their best endeavo" to be perfect so many of the said workes that the inhabitants of this iurisdiction pounds furnished with barr iron of all sorts for their use, not exceeding twentye also, that it shalbe in the liberty of any within this iuris- per tunn ; provided last day of this diction to be adventurers with the undertakers, if, by the 126 THE RECORDS OF THE COLONY OF 16 4 5. October, they bring in their adventures, not lesse, in one mans name, then ' fifty pounds, with alowance to the adventurers for the stock of one thousand 1 October. disbursed. Ye iron worke. po^nds by them aheady 2. Item : The Court doth hereby grant to the said undertakers, their agents and assignes, in all places of wasts, & lands not impropriated to any towne or person, that the said undertakers, their agents or assignes, at all times dureing the said tearme of 21 yeares, shall & may, freely, & at their own discretion, have & take all manner of wood & timber, to be converted into coales, or any other uses for the service of the undertakers, as also all manner of earth, stoanes, turfe, clay, & other materialls for buildings & reparations of any of their workes, forges, mills, or houses, built or to be built, or for making or moulding any manner of gunns, potts, & all other cast iron ware ; & for con- verting woode into charcoale ; & also to get, dig, & carry away, of all manner of stone, iron ore, & wood of all sorts, & any other materialls or things of use for their workes : & it is hereby also granted to the said undertakers, their agents or assignes, that they shall have free liberty to make all convenient Avayes & passages, as also all manner of pooles, dams, water courses, sluce [*100.] *ponds for water, in all wast grounds, or other conveniences to, from, and for the service of the said workes, built or to be built, not impropriated to any towne or person, during such time as the said workes shall continue ; pro- vided, if, by any pond, sluce, watercourse, dain, or any other worke, (though in land unimpropriated,) they should spoyle, or any wayes preiudice, the land appropriated to any towne or person, the said undertakers shall make due and iust satisfaction. Y« iron vrorkc. 3. Item : The Coui-t doth hereby further grant to the said adventurers, their agents or assignes, in all the grounds that are or shall be appropriated, that the said adventurers, their agents or assignes, shall have free liberty at all times dureing the said tearme to digg, gett, carry away all manner of stone or iron oare, & to make & use all convenient wayes & watercourses, pooles, dams, sluces, ponds for water, & other conveniences to, from, & for the service of the said works, through all the said grounds that are or hereafter shalbe impro- priated, (except houses, orchards not exceeding three acres, and yards,) giving such due & full recompence for the same to the owners thereof, for the time being, as three indifferent men shall adiudg, whereof one to be appointed by the said Court at the next generall meeting after the undertakers, their agents or assignes, shall make or use any of the said wayes or watercourses, or other perticulers herein mentioned for the services aforesaid, & one other by the owner of the land for the time being, & the third by the undertakers or adventurers. ; THE MASSACHUSETTS BAY IN NEW ENGLAND. 4. Item The Court doth : hereby further graunt unto the said adventurers, to their heircs & & assignes forever, so much land now or here *after to be in this 1 October. iurisdiction, as aforesaid, as shall containe in sixe places, three miles square in each place, or so much in quantity as containeth three miles square, not exceeding four miles in length, to be set out in such places & parcels as the said undertakers or their agents shall make choyc^ of, not being already impro- priated, as aforesaid ; upon which said land the said adventurers shall have free liberty, hereby do undertake, that & Avithin the said tearme of ^ yeares, to search, sett, & find out convenient places within the said compas of land, for the building & seting up of six forges, or furnaces, & not bloomaries onely, or so many more as they shall have occasion for, for the making of iron, as afore- said, which they shall (the iron stone & other materials pving proper & fit for the makeing of iron, as aforesaid) build & set up w^'in the tearme aforesaid pvidcd, that y^ Court may graunt a plantation in any place where y' Cct thinketh meete, the adventurers or their agents there residing haveing first notice thereof, & not making choyce of the same for part of the land to be set out & graunted to them, for the designe of planting the said iron works, & making iron, as aforesaid. 5. Item : It is graunted & ordered, that what quantity of iron, of all sorts & qualities, the said adventurers, their agents or assignes, shall make more then y"^ inhabitants shall have neede, & use of, for their service, to be bought & paid for by the said inhabitants, as aforesaid, they shall have free liberty to trans- port the same by shiping to other parts or places of the world, & to make sale thereof in what way & place the said adventurers shall please, for their best advantage, pvided they sell it not to any person or state in actuall hostility with us. tlieir 6. *Item : That it is graunted & ordered, that the said undertakers, [*102.] agents & servants, shall, from the date of these presents, for ever have & cn- ioy all liberties & iimmities Avhatsoever, ^sent or to come, equall with any within this iurisdiction, according to the lawes & orders thereof for the time being, & according to the rightes & priviledgcs of the churches. y'= und-'takers adventurers, together 7. Item : It is also graunted, y' & with their agents, servants, & assignes, shalbe & are hereby free from all taxes, asseasments, contribution;-, & other publiq. charges whatsoever, for so much of iron Avorkes, their stock, store, or goods as shalbe implied in & about the said fro™ y^ date of these for & durelng the tearme of ^ yeares yet to come, ^sents. ordered, y' all such clarks & workmen, 8. Item : It is hereby granted & necessarily implied or to be as miners, founders, finers, hainermen, & colliers, 128 THE RECORDS OP THE COLONY OF 1 G 4 5. implied in & about the said workes built or to be built, for any the services ' "^ ' thereof, shall, from time to time, dureing the said tearme of ^ yeares, be, 1 October & hereby are, absolutely freed & discharged of & from all ordinary trainings, watchings, {d ; but y' every pson at all times be furnished w"' armes, powder, shott, i&, according to ord'' of Co''t. 9. It is lastly ordered by y° Co't y' in all places where any iron worke is set up, remote fro™ a church or congregation, unto w"'' they cannot conven- iently come, y' y= undi'tak's wilbe pleased to pvide some good meanes wherby their families may be infracted in the knowledge of God, by such as the Co''t or standing councell shall approve of Whereas this C'oui-t, in a former session, chose & appointed severall hon- [*103.] o'ed members of this comon wealth as coinissioners *in their severall sheires, to Comission's for meete together in some convenient place within each sheire, to consult together, lawes. & to returne to this Co^'t a result of their thoughts, that this Co'te may pceede thereupon to satisfy y" expectation of the country in establishing a body of lawes, this Court thinks it meete to desire the persons in y" order men- tioned, at or before the 12* of November next, in their severall sheires, to meete togeather in Boston for Suffolke, in Cambridge for Middlesex, in Ips- wich for Essex ; & after their first meeting at the time & places above men- tioned, by warrant from the Secretary to each comittee of each sheire, & then, as often as they please, to appoint their owne meetings for the accomplishment of the end so desired, & to make their returne of what they shall do herein to the next siting of y° Generall Court ; in Cap? Cookes roome, at his re- quest, M'' Joseph Hill, of Charlsto-^vne ; in M' Aliens roome, M' Knowles ; & M' Glover in M"^ Prichards roome. They being out of the way, or shalbe suddenly, M' Symonds is insteed of M' Bellingham for Ipswich, because M' Bellingham now resides at Boston ; & M' Bellingham to be for Boston, aded to y" former ; & y° care of calling y' assembly to each place is in M' Belliag- [*104.J ham for Boston, M'' Pelham for Cambridge, & M' Symonds *for Ipswich. Y« giant of a The petition of Stephen Kingsly, John Garing, Francis Eliott, Thorn : ^ Pumhame. Flatman, Henry Adams, Thomas Adams, John Sheopard, Henry Adams, lunior, Samu : Adams, John Adams, Christopher Adams, "William Vaysey, Eich''d Bracket, Christopher Webb, Edward Sparlden, Thomas Meakins, Nicho: Woode, Robert Quelues, Thorn: Barret, Daniell Shode, William EUice, Deodatus Curtis, Thomas Waterman, Nathaniell Herman, Humfry Grigs, John Hastings, George Aldridge, John Wheateley, Thomas Wilmet, Henry Madsley, John French, & Arthur Waring is granted w* free and full consent, & they being about twenty of the thirty two subscribers free men, the Co't doth thinke meet that so much land as they shall set out for their THE MASSACHUSETTS BAY IN NEW ENGLAND. ^29 towne, not exceeding the quantity of tenn thousand acres together, shalbe al- 1 G 4 5. lotted to them, and that the maior part of ' ^ the freemen that shall first build, & v plant thereupon, so that the whole ^ °""'^''' make up the number of seaven, shall hive power to admit or keepe out whom they thinke good, & that the Gen'all Con should write letters to Benedict Arnold, to compound w"' Pumhome at the easiest rate he can, for his right in any improved ground, & that the petition- ers shall dispose of houses y= built upon y« said ground, w"- this pviso, that they shall pay to such as built them what the Co't shall hereafter appoint, if they sec cause so to do this ; is granted pvided they go on, & ten families be there within this twelue monthes. *In the Case between Cap? Smith, Kaezar, Sellick, & Grosse. [*105.] 1. That Cap? Smith was cheife coiliander of the ship Eainbowe, & mar- chant of the goods, & so both at his dispose. 2. That Ksezai-, fS, had no power nor iust cause to bring away the shipp from Barbadoes, but in so doing did breake their covenant or charty party, notwithstanding the danger he pretended he was in, in regard of his owne pson or y° losse of y® marchants goods. 3. That therefore both he & y° rest of y« sailers (in strictnes) ought to loose their wages. 4. That KiEsar should pay to Smyth these ensuing damages, viz : For lose in wine, that might have bene sould to more pfit at Barbadoes then at Boston, the soiiie of nynety pounds ; for Smyth & his mans charges at Bar- Dadoes comeing hither, & for other diffamation here & there, y" suine of fiftye pounds. For the negars (they being none of his, but stolen) we thinke meete to alowc nothing. 5. All circumstances considered of Sellicks carriage at Pascataq,, & his letter to Kffizar, at Barbadoes, wee thinke it equall that Kajzar, Sellick, & Grosse should onely have their principle sumes adventured paid them. 6. The shipp & pceed of y° cargo to be delivered as now shee is to Cap? Smyth, he paying such due charges as hath necessarily bene layd out about her since her comeing hither, that shee is now y" better, for, to be iudged by Goodman Chaffye & Goodiii Garret, & that y" ship may be stayed till y^ order is satisfied. That Capt Smith should alow Kaesar 10*, for threatening to pistol him, & y' Capt Smith take his remedy for the seamens wages. *It is conceived iust, that y= petitioner, Robert Turner, should be alowed [*106.] to ° "^^ after eight in y^ hundred, since his bills were signed, & a warrant be • VOL. II. 17 130 THE RECORDS OP THE COLONY OF 16 4 5. directed to y« Treasurer to make good & speedy payment of y« whole, being as by y" petition about 100*. 1 October. After many agitations about finishing y^ Castle & setling a garrison there, 601- y'^ it is concluded & ordered by Co'"t as folloTveth : — Castle. First, that y° country shall alow 50* for y" building of y« captaines house ; (2.) y' y« country is also to alow 100* towai-d y^ finishing of y« said worke, & y' according to former order of Co'^t, & for any further charges for finishing y« said worke, the five townes w* undertooke it ar to see it fully finished ac- cording to agreem' ; and for y'' settleing of y^ garrison, it is furth' ord''ed, y' y* cap? of y" Castle shall have the wliole charge of pviding a sufficient gunner, w"" 10 men for y" whole yeare, & 10 men more for 8 months, according to y*' form' ord'', & to be alowed for himselfc, y" gunner, & y« rest of y^ garrison yearly, y" suine of 280*, to be paid him in mann"" following : First, for y' ^scnt year -J pt in hand, anoth'' ^ pt at 6 months, y'' last ^ pt at y" yeares end ; and for y* time to come to be paid in two paymt% y'= one at halfe a yeare, y* oth' at y° yeares end ; & what hath bene already layd out by y" cap? to have speedy satisfaction for y* same ; and likewise it is furth' ord''ed, y' y* said 280* above mentioned shalbe paid him in mann' as followeth : vizj, 52* by Boston, y* J in corne, or such pay as y" cap? will accept as oth' townes, y* oth' i in mony, bever, or shop comodities ; 20* 16' by Dorchesf, in wheate, pease, rye, barley, Indian, or fat cattle, of each of like value ; of Cambridge, 20. 16' in j" same pay ; 20* 16' by Charlstowne, whose pay y* cap? accepts; & of Eoxb^'ry 100 bushels of Indian meale, deliv'ed at y^ Castle, & 12' in Indian or oth' pay ; furth', it is agreed, y' y* cap of y" Castle shall have y° use of y® iland to himselfe, & y' J" cap?, w"" y* garrison, to be free fro™ all country charges, and y^ ^sent gunn'' shall have timely warning to pvide for himselfe between y' & y^ spring, & to be satisfied for his service during y" time he remaines y'', & y order for y*" pay by y* five townes distinct is limited to continue but to y* end of x years, for w'^'' time onely y* said townes did at first und''take, fd. It is ord''ed, y' Cap? Davenport shall have 20* paid him to pvide a greate boate for y* use of y" Castle. [no7.] *For y" better defraying y' great charges y' necessarily attends y^ publike 602- occasions of y' comon welth, w"*" by all is desired to be lessened as much as may be, — Wines impos. Its ordered, every person y' shall receive any wines fro" any vessell, a shore on any part of y' iurisdiction, shall pay, to y'^ officer appointed to re- ceive it, for every butt of sack 10', & so pportionable for -lesser vessels, & for every hogshead of French wines 2|', & so pportionable for lesser vessels, w^^in 6 dayes after his receite thereof, eith"" in mony, good marchantable beaver, or THE MASSACHUSETTS BAY IN NEW ENGLAND. 13^ in y" best of same wine at y« m-'chants price y' y ; & if be any pson that shall 1 G 4 5. not, '"'"^'^ ' ^v"'iu four dayes after -f receite of any wines a shore, enter y" same into y" °'^"''"='- booke of J" said officer, so much as shalbe found or pved to be received not ^^ * & Wines. into y"' enfed said offic™ booke, shalbe forfeite to y" sole use & benefit of y'' country & officer, halfe to y'^ country & halfe to y' offic'', or y« -svorth thereof in like 20*'' gooa pay as before ; & y« former order for y» part is hereby re- pealed, & all form' ord's, for any rate or imposition. upon wines, are repealed also,.& y' y*^ offices be appointed to have alwayes a deputy, where himselfe can- not be ^sent. S : the next order but one. The Co^'t doth conceive itselfe bound to afford y^ offic' for y^ custome of wine all iust power to come to y* certeine knowledg of what wines, by any pson whatsoev"' in tliis iurisdiction, hath bene dra-svne, or is begun to be dra-svne by y", or any of y™ ; therefore ord'^, y' all such psons, licensed or not, shalbe sumoned to the next Quart' Co't, there to give in, upon oath, y* truth of what they, or either of y™, doth or hath drawne, to y* satisfaction of y^ said officer, & y' such as are licenst, & have not given into y" Quarf Co'ts y* truth of what they have drawne, are contemn's of y" law, & should be fined for their contempt y''of ; y^ to reach to Dover & Strawberry Banke also. The Co't conceive it mecte y' all such as y« officer for y" custome of wines know, or by any moanes can come to y* knowledg of, y' do, directly or indi- rectly, draw, or have drawne, any wine, in greater or lesser vessels, should, by sumons, be brought before a Quart' Co't, y' to give an account of what they have done, for y* time past or yet to come, since or dureing y* ord', & y' whoever shall refuse to give a iust account of y° truth of what they have done (if they be licenst) to be put by, y' they draw no more wine, & any oth' m'chant, cowper, or other psons whatsoever, y' shall refuse as aforesaid, to be fined for their contempt of y^ order of y"= Gen'all Co't in y' respect. It is ordered, y' y" custome of wines shalbe left to *the care of the audito' [*108.] Officer for generall. wines. And the captaine of the Castle shall have power to demand & receive 603- Anchorage. custome for anchorage & tunage. from -f ships the Whereas, by order of y" last session of y' Co't, a certeine rate was set it is nowe thought upon all forraigne ships, in name of tunage & anchorage, fit y said order be hereby repealed. ships, w-^*" shall arrive w"' marchan- 604- And it is now ord'ed, y' all Strang's ^Mps. shall make sale thereof, ^^'^^S'- dlze, in any of o' harbo's of Boston or Charlstowne, & of custome or imposition, or of y'' greater part of y* same, shall pay, by way paid out of y« said marchan- after y<= rate of e-^ y« tunn for every ship, to be towards y* mamtenance of o' dize, & y* y* m' of every such shipp shall pay shillings provided, y* no fortification, for y« defence of o' said harbo's, tenn ; 132 THE RECORDS OP THE COLONY OF 16 4 5. Englisli shipp, arriving in o'' said harbo', shall pay any custome or imposition, but onely towards y* maintenance of y^ said fortification, as other ships are hereby 1 October. 8'^ to pay, vizj : 6' for every ship und"^ 200 tunn, 10' for every shipp Tunnage. ordered & above y" said burthen. Provided, also, y' y' ord"^ intends not y^ fro™ any shipp 10' butt y' shalbe landed on any shores y' iurisdiction outing of y p w*in ; j)vided none of y* vessels of o' confed'ates, or any oth'' pts where o' ships are free of customes, {d, shall pay any custome or imposition in any of o' harbo''s. M'Ro: Salton- M'' Eob'^t Saltonstall is granted, in y» right of his fath^ S' Eich'd Salton- Etall. stall, 3200 acres of land, due for his adventure ; pvided y" land be granted ^th yB usual pviso, & be layd out where it be no hindrance to any towne y' is or may be hereaff granted. It is ord''ed, y' Maior Edward Gibons should be put to take an oath truely to discov'' what goods, w* came in y« ship Gilbert, belonging to y" Canary marchants, are in his hands, at y* fsent, & what debts, goods, or y" pceed y'of of y* Canary m'^chants he hath in his hands, w"** he refusing, y' Co^'t voted y* y' shalbe an execution granted on y" psonall estate of Maior Edw* Gibons, if he discov'' not w'' y* estate of y* Canary marchants are. M' Eob't SaltonstaU, upon his petition, & jpsenting y* account of S' Rich''d, und' y« attestation of y" publike notary, & oth'' evidence j)duced, is [*109.] alowed these *perticulers, vizj : For 5 barrels of powder, 30* 00 For his expences upon y« quo worranto, 20 00 For y^ monyes paid to M' White & M-^ Ballard, . . 50 00 out of w""* to Saltonstall. be deducted, vr^^ he is satisfied, 9* ; & for y« mony put in as adventure, ^6, he ought to be alowed his due ^portion of land, w* is granted before, as oth"" adventurers & und"'takers are to have, to be set out upon peti- tion, according to y^ usuall course. Concerning y« medowes in Watertowne, seing he hath form'ly had full hearing, in both y" & oth' Co-^ts, & determination by due course of iustice, he ought to rest therein, & not further to trouble this Con about y* same. For y" 36* paid to Pont, we find no reason to alow it, seeing neth"^ hee nor M' Humfrey (who implied him) were o' agents, or set on worke by us, & M' Humfry had 500* or more in his hands, w* he received for y« country, out of w* he might have paid him, if he had seene cause for it. For 50* -f for ordinance, it appears M-- Eobn hath received y« ordinance againe, as himselfe confessed; tenn pounds is also to be discounted for y« overplus he made of y« countryes guns above his 50*. M' Eobrt Sal- It is mind of r r Con f M' Rob't Saltonstall pay his fine w* he was tonstall. fined y» last Co% for his grosse evill, (& if it had bene more,) before y« above- named sumes be satisfied. ) THE MASSACHUSETTS BAY IN NEW ENGLAND. 133 The Co''t conceiveth. y' y° letter of atturny herew"^ sent, whereby S' 1 G 4 5. ' ' ' Eich : Saltonstall grants to M'' Eob : Saltonstall all his debts, {&, in Newe Eng- land, to his OAvne use irrevocably, is sufficient warrant for him to receive what is ord-'ed to S' Eich'^d fro™ y« country, & y' M' Eob'ts discharge wilbe suffi- cient to satisfy y"= order, & y' no oth' is to be expected fro™ S' Eich'^d, seeing he hath no pow' now to authorsh any other ; y'fore it is ordered, y' y» Secre- tary (upon receit of a gen''all acquitance, according to y" ord'',) may give war- rant (to be signed by y^ audito') for y^ Treasurer to pay him y" remaind"' due to him, y° 29* being deducted, according to y* 2 ord''s of y' Court, & ivhat is owing by him besides for actions entered. Forasmuch as this Co''t hath imposed a posnalty upon Boston & oth' Castle, townes if their worke w* they have und"^taken at y'= Castle be not finished by a time p>fixed, & w^'as diverse of y° inhabitants do refuse to colitribute to y° charge y''of, upon ^tence y* it was a volentary act, it is thought fit (in regard y^ Co''t hath given alowance y''to, & now requirs a speedy pformance y''of y* y' Co'"t would now order, y' y" cunstables of y* sev'^all to-\vnes so engaged, & ev''y of y™ respectively, may have power, by vertue of their office, to levy all such suines as have bene or shalbe assessed towards y* fortification *of the [*110.] said Castle, & y* maintenance of y« same, & of y° garrison there, according to y« order of Co^'t. The gunner is now (upon his desire) discharged, w**" ord' to consider his time spent this suiner, & allow him for it. other Boston hath 14 dayes granted y"" from y« 18* of -f S*"^ month, as townes have. AVhereas y"= towne of Salem, lying so open to y^ sea, is in great dang' of An ord' for Sa- 1 , 1 . lem captaine. suddaine attempts by a forraigne enemy, & y'fore great care is to be naa in y' these dangerous times, it is ord-'ed, y" cheife millitaiy offic' of y» band should inhabite in or nere y* harbo'. Y' Co't, considering y' Captaine Traske, who hath bene many yeare their cheife officer, dwels so remote fro™ y* pt of doth y« towne as he cannot be helpfuU upon any such suddaine occasion, hereby discharge him of y' office, w"^ all due acknowledgm' of his faithfulnes appoint Willi Hathorne & form' good service to y= country, & do hereby M' : said towne, to to be cap? of y* said millitary company or trained band of y» duely chosen exercise y' said office, & continue therein, untill some oth' shalbe Co't Willi: Clarke & confirmed in y said office, according to y« ord' of y= ; & ensigne til y' Co't to be his leift dureing y« said time, & Ensigne Dixie to be take farth' ord' herein. such as he shall The Co't have agreed y« Cap? Bridges shall have 2 men accompany him in y« make choyce of, & ar ^viling to go w* him, who may y* he shall have a youth to at- sei-vice y° country hath called him unto, as also charge of country. tend him as a page, or in his chamber, & these upon f -f : OF ]^34 THE KECORDS OF THE COLONY Arnold, y" bond sent him, 16 4 5. It is ord'-ed, y» a letf be writ to Benedict & account- & ord"' for him to receive y" 17* or y« stores into his hand, & he to be 1 October. able for y° same. all pow' to BuneU. M' Sparhauke & Leifl Mason are appointed a committee w"' dispose of y" child^'n of Goodman Bunnell, if their grandfath' will not take care of y"- M' Lead" bUls. The Co''t, consid'ing how offencive it wilbe to o' freinds in England, & not onely dishon''able to y* Co't, but very fiuditial to y« whole whole country, if these bills should be returned ptested, do conceive it needfuU to alow y" same in such pay as y° country will affoarde. The magistrates haveing taken y* acknowledgm* of John Cowdall & his wife, for pasing ov' j" dweling house & ground to their sonne in law, Willi Willi Davyes. [*111.] Davies, y' Court *doth consent to confirme it to y" said : An ord- about The Court, being still mindfuU of its duty, doth endeav', as much as in it natives. y lyes^ yt all meanes may be used to bring the natives to y* knowledge of God course & his wayes, & to civilize y" as spedily as may be j & y' some such may be taken as may cause y"" to observe those rules, its desired y' notice may be given to y° reverend elders, in their severall sheirs, of y" ready mind of y' Co'^t, upon matiire dehberation, to enact what shalbe thought meete here- abouts, & of their desires y' they would take some paines therein, & returne their thoughts about it to y* next siting of y* Gen'all Co'^t. 605- It is ordered, y' y= marshall shall attend y* execution of all warrants from y* Treasurer w*''in two months after y* date & delivery y''of unto him, upon for- att^d^h" i- ^•=6. feiture out of his owne estate of x^ in a pound of such pticulers in y^ Treas- urers warrant as he shall neglect his utmost pow'' for obtaining y^'of, if they will not be otherwise obtained, & y' he likewise attend y* geting in of fines, in such lesse times as he shall see meete, w' there shall be danger of losse by so long forbearance. Strawb-y Bank The Co't, considering y* great charge of y* country by y* pvicion w""* is made for each memb' of y= Co"'t, y' Strawberry Banke & Dover having sent their deputies hith'', & being pvided for w"" y* rest, for w"'' they are yet be- hind, & have not satisfied for, have appointed Willi : Parks & Leifl Atherton a coinittee to examine w' they stand indebted to y'' coimtry for their deputies dyet these 4 or 5 years past, & to certify y'' Co'^t y'of, y' so they may be fsently sent to for it. 606- It being requisite y' all inhabitants w"'in y= iurisdiction should endeavo' ^^'''^^ svsih. armes as ueefull. may be most usefuU for their owne & y* countiyes de- fence, it is y'fore ordered, y' no peeces shalbe alowed for serviceable, in o' trained bands, but such as are ether full musket boare, or basterd musket at y' least, & that none should be under three foote 9 inches, nor any above foure THE MASSACHUSETTS BAY IN NEW ENGLAND. ^35 foote 3 inches in length, & y* eVy man have also a priming wyer, a wormo, & 16 4 5. ' scourer fit for ' y^ boare of his musket, w^^ Aye find not required in any former '' order. 1 October Forasmuch as y» Co't hath form^ly granted y' y^ should be a village upon qqi_ Ipswich Ryver, at or neere a place called -f New Medowes, & forasmuch as Y' village by ^^'^''^' Cteine of y« inhabitants of Ipswich who have farmes imjved n«er y'unto, & do desire y' a minisf might be settleed y' to dispcnce y« word to y« ;p>sent in- habitants such oth". as & shall plant y^selues at -f said village, whom yet not- w^'standing they are no wayes able in any comfortable mann' to mainetaine a minister, & to defray oth' necessary charges of y® jDlace, if w"'all they should be lyable to all other rates & publike charges of y° towne of Ipswich. This Co't doth therefore hereby order, y' either y* whole towne of Ips- wich shall ec[ually contribute (w*'' such oth' inhabitants as have lands in or neere y' said village) to y® maintenance of *a minister, & all other publike [*112.] charges incident to such a village, or else y* foresaid inhabitants, y' have lands' neer y* said village, & shall contribute to y* maintenance of a minister y', & oth'' necessary charges, shalbe freed fro™ all mann"^ of rates, charges, or contri- butions to y* towne of Ipswich for their land or stock in or belonging to the said village. The Co''t, haveing^ heard what y* leather dressers (being petition's) & 608— ^°^^ skmns. E-alph Woory (who is y* onely man they informe against for carriing goate skins out of o'^ iurisdiction) could say about y^ busines, have thought it equall y' y' said Ralph Woory shall have liberty to send 8 dussen of goate skins. Prided for ord' 629. w'='' he saith he hath already sould to be delivered in .England, & y* for y« time to come, if he or any oth' shall ship any to be transported out of y' iurisdic- tion, unlesse they be dressed & made into gloves, or some oth' garm*=, all such goate skinns shalbe forfeited to y" comon wealth, or -f value y'of, if y" skinns cannot be found. Upon y° petition of severall of Marblehead, Arthur Sanden is granted licence to sell \vine there. y« Co't answered, they know no way to To M' Thorn : Fowles petition help him, but to certify y" truth of y° pceedings between Mada"" Latere, lawfull remedy against Alderman Bayley & Barkley, «fe to leave him to his Barkley. Weld, y« Co't To y petition of M' Stephen Winthrope & M' Joseph of y« ansWed, they know no way to help y' petition's, but to certifye -f truth are pceedings of y* Co't between Madam Lato', Bayley & Barkly, w"" they against Alderman ready to do, & to leave y" to take their lawfull remedy Barkley. 136 THE KECORDS OF THE COLONY OP for 16 4 5. Upon y° petition of M' Joseph Hill, in behalfe of M' Thorn : Marsh, -^ , — y* adventure of 3 3 5*, he is granted to have so much land w'^ he can find a con- 1 October. venient place, as his adventure requireth, according to y* proportion agreed on M' Marsli. for such adventurers. Upon y« deposition of M' Isaac Allerton y' y' is 49. 12' resting due to him, y^ CoH tiiinketh meete y' y" Treasurer should discharge y° same. Nashaway Upon y' petition of y" und''tak''s for y" plantation at Nashaway, y^ Co'"t is plantation. wiling y' John Hill, serieant John Davies, John Chandler, Isaack Walker, & Mathew Barnes, or any thi-ee of y", shall have pow' to set out lots to all y" planfs belonging to y" said plantation, pvided y' they set not their houses too far a sund'', & y° great lots to be pportionable to mens estates & charges, & y' no man shall have his lot confirmed to him before hee hath taken y" oath of fidelity before some magistrate. M' Symon Eyres being form'^ly chosen clarke of y^ writs for Watertowne, & his implim** being genially at Boston, upon y' desire of y* towne John Sherman is appointed clarke in his roome. [*113.] *Upon y' request of y° Deputy Govern', y* Co^'t granted y' y= 50* form'"ly J:W: granted him for his service in the place of Gov^'n'", @ 1642, should be paid him out of y" treasury, deducting 5* for Katherine, one of y* maydes brought ov' upon y* countryes stock, & placed w"" him. ^ M' Wheelock being ^sented by y* towne of Dedham as a person to sol- emnize marriage y'', y" Co''t doth thinke meete to grant their request. Comitte to Leif? Tory, LeifE Atherton, & Stephen Kingslye are appointed a comittee lay out y« way to veiw y" neerest way between Dorchesf Waymoth, to return their between & & Dorchster & thoughts to y° next siting of y" Gen'all Co't. Weimoth. The Co't thought fit to write to M' Williams, of Pascataq, (und''standing yt ye uegi's w''*' Cap? Smyth brought were fraudulently & iniuriously taken & brought fro"" Ginny, by Cap? Smiths confession, & y° rest of y Company,) y' he forthw"* send y" neger w'^'* he had of Cap? Smyth hither, y' he may be sent home, w* y* Co't doth resolve to send back w"'out delay ; & if yo" have any thing to aleadge why yo™ should not returne him, to be disposed of by y" Co''t, it wUbe expected yo" should forthw"' make it appear, either by yo'"selfe or yo'' agent, but not to make any excuse or delay in sending of him. The Co't haveing appointed a coinittee, Willi : Parks & Lelf? Atherton, to examine all bills w* may be thought fit to be signed for y Treasurer to pay for all bills that shall come in this Co^'t. 609- It is ord''ed, y* whosoever shall transport any powd' out of y' iurisdiction Ag' transportg w"^out leave & licence first obtained fro" some two of 0' hono''ed magistrates, powder. shall forfeit for every such ofifence w' shalbe so transporting ^ & y' y' may be THE MASSACHUSETTS BAY IN NEW ENGLAND. no defect for want of an offic' to take care y'abouts, Josua Scottaway is appointed y*' publike offic^ of y country in y« respect, & hath hereby poW granted him to search all psons ^ °'^°^'^- & yessells y* are or shalbe any way suspitious to him to be breakers of y" Co-'t ord-^ in y= respect ; & w' he finds in any ves- sels or hands w'^out order, as aforesaid, to keepe y« one halfe to his owne use, in recompence of his paynes, & to returne y« oth-- halfe y-'of to y« Treasurer. Upon y« petition of John Cauklin & Ananias Coukclayne, (who have bene Y= glass worKe implied about y° glasse worke, av=^ y^ und'^tak's have for y= three yeares neg- lected,) y' they might be freed fro" their engagment to y" form' und'takers, & left free to iopie w"' such as will carry on y<= worke efiectually, except y° former und'takers will forthA\'ith do y same, the Co''t conceive it very expedi- ent (in regard of y<= pubHke interest; to *grant this petition, pvlded y' if any [*114.] of y"= ptles interesed shall (upon timely notice) shew cause at y next Quner Cct, at Boston, w''upon y° magistrates shall iudge it equall y' y« cause should have a furth'' hearing, y^ y" full answere & determination of y' petition shalbe defered to y'= next Generall CoH; oth'wise y" petition''s shalbe at liberty, according to their desire. Whereas LeifE Ath'ton & Serieant Davies were by y* councell sent out w"" forty souldi''s to y* ayde of y* Mohegone sachim, Uncas, it is thought meete by y° Co'^te, in respect of y* pciousnes of y° season, & y* multitude of their occasions w* they left, w'^ y* meannes of y* pay they are like to have for their paines, y* each souldier in y' iorny implied shalbe alowed, above & besides their dyet, 8' p weeke, y^ serieant 20' p weeke, & y" leif? 40' p weeke, y^ rest of y" souldiers to be alowed 6' p weeke ; w'ever each or any souldier hath had fro™ y° country to be deducted out of their wages ; & for y* men, carts, & oxen implied in y' service, to be thus satisfied : for 6 oxen & 4' y'upon, aff 6' weeke. Y^ cart, each day, p day ; for y= men attending p Gets meaning is, y' y= colony should onely as a gratuity beare y'= 2' in y= first* fortye souldiers pay per weeke. of Cambride hath ^sented M' Joseph Cooke, M"^ Whereas -f towne desire to y= Co't to cause one of y" Edward Collins, & Willi : French, w*" a Sted- to be instauled leif?, & also have ^sented M"^ Samuell Sheopard, John man, & Thomas Danforth, one of w<='' to be enstauled ensigne, — take care of j" The Co^'t thinketh meete to desire M' Joseph Cooke to y' company in y° absence of y' cap?, & till j" Co't shall take furth' ord', & John Stedman be established ensigne. sent ov' as M' Peters & it meete y' M' Peet« & M' Weld, being The Con thinketh •^ M' W eld caUed , long absent, desire they may tome, psons fit to negociate for y« country, haveing been speedy returne. und'stand the Co'^ts mind y* they desire their- f>sence here, & VOL. n. 18 138 THE RECOKDS OP THE COLONY OF Hibbens to 16 4 5. This Co't haveing chosen Harbert Pelham, Es$>, & William examine y« receites of M' Rob't Saltonstall of y" goods received of John 1 October. Humfry, Es^, granted unto him by two iudgm'% amounting to 187* 3' 4^ & aforesaid^ — •ff'as it is suspected y" said Rob't hath received more y° y" sume Its therefore conceived by y' Co'^t y* y^^comittees arereqtdred to take y° accounts fro" y° said Eob't ; & if y'" be any more received y° y* aforesaid y" country unto S' Rich'd, y° pt y^'of, or y« sume, y' y° -f said debt due fro" whole, shalbe deposited in y« hands of y° Co% for satisfaction to the said M' Humfryes. [*115.] *The Co't thinke meete y' a letter of thankfulnes should be sent fro" this Co''t to M'' Pocock & y rest of y" coiuissiotfs for their paines & care in o' aflfaires, & perticulerly in y' w"' Alderman Bartley. The Petition of Rich'd Saltonstall, Es§), M"^ Symon Bradstreete, M'' Samuell Symonds, M' Eich'd Dumer, J^-- WiUi : Hubberd, Cap? W» Hathorne, & M' W" Paine. 610- First, y' they may be established, by ord' of y' Cct, as a free company of adventurers, w"" liberty to admit & take into o"^ society such oth's as wee conceive to be meete for y* advancment of y^ worke, & to make such holesome ord" for y° well managing of o'' trade as is granted unto such companies in other parts. Secondly, y' w'soev'' trade they shall discov'' w"'in y* compas of three yeares next ensuing, if y* Lord blesse o'' endeavo™, we may enioy it solely to o^'selues & y" rest of o"^ company for y" space of 20 yeares after such discovery made & houses built, w"' full pow"" & authority fro" y' Co't to inhibite & restraine all oth^ psons w'soev'', during y° tearme aforesaid, y' shall attempt any trade by y" so discov''ed & setled, w^out y* warrant of y* aforesaid com- pany, or if they have or shall intermeddle therein as aforesaid, y' y° it may be lawfuU for y" to seize upon such goods so traded ; & they are granted letters, und"^ y* publike scale, to y" French, or any oth' they may necessarily have to do in y* psecution hereof for the further countenancing of their pceedings. Lastly, they are granted y like liberty & pow' y* use of a caravan, to be advanced any way up in y' country, as far as they shall see meete ; j>vided, it shalbe lawfuU for any man to set up any trading house, & to trade in & upon any such rivers, so as y^ same be not w*''in 20 miles of any such trading house as y° company shall erect. It is intended y' no trading house, w'^ such like priviledges, shalbe erected w''''in 50 miles of any plantation y' is in o' iurisdiction, y' is planted by y' Enghsh ; & it is iatended y* any man w*''in o' iurisdiction may put in THE MASSACHUSETTS BAY IN NEW ENGLAND. ^39 his adventure, & be of y" said company, so as he cometh in w">in twelue 16 4 5. monthes. - . ^ ^ Pvided, also, y' if all ^ °'"'''"' y= United Colonies shall agree unto & carry on a gen'^all trade at any time hereafter, y' y^ y' company shall surcease fro" going on in pticuler way of trade wt^ y such as have like poW of pticuler trade, so as y' be first due satisfaction made to f company, & any oth' y' shalbe expended about y'' psecution of y" said pticu? trade. Y^ is granted by y« Co''t, so as it contradict not y" form"- grant to M"- Hill & M' Tynge, id. Upon Willi Wilson his : petition, it was ord"-ed, y' y« 6 yards of trucking Goods ret. by cloth w* was bought for Cap? Bridges attendants at their returne shalbe lent Bridgls. to y" keeper. It is thought meete y' those things, vizj, cotton woole, canvas, or else, w* returnes w° Cap? Bridges returnes, should be deHv'^ed to M' Sparhauke & Leif? INIason, to be disposed of to Goodman Bunnell & his use. *Upon y" petition of Henry Woolcote, Daniell Clarke, Joseph Newe- [*116.] berr}-, Benia : Newberry, INI'^ John Wareham, & Willi : Geler, on y behalfe of y« three yongest daught", y° Co't granted y' y« farme bought of M'' Pin- chin, w*-*" its appurtenances, y^ 16 acre lot, w"' y* barne upon it, & y* 40 rods in the little neck, should ^ ratified & confirmed to M' John Glover. Sagamore Eaynowet, for consenting to y* Narragansets, was fined 10 fathome of wampom ; to pay 5 fathome y^ yeare & 5 fathome y° next year ; & he was admonished never to do the like ; if he did, to be cramed. It is ordered, y' James Penn shall have 20% to be disposed among such of his servants & helps as have bene implied about y" dyet & attendance of y= Co''t, & y* late meeting of y" commission"; 10' thereof to y° ^sent cooke, y° wife of ^ Mills, & y° rest to oth"- servants & helps. Upon y" petition of Alexand'^ Beck, the Co''t conceive fit he should have 3' p weeke for y« boy, w^^ is 3. 18' to y* 14"' 8"^ A, & 2= p weeke for y mayde to y« 14"" 8* ifi, is 1. 16% to be paid out of y* treasury in regard those were put to him by y* Co't or magistrates, & if any towne or pson be charg- ablo w"" eith'^ of y", y' it be required by y Co-^t afterward. George Smyth, for his adventure of 25*, is granted 200 acres of land, W nor it they shall require it, so y' it be neith"^ w*in y^ limits of any towne, w' is agre- may hind"^ y" planting of anoth"^ towne, hereafter to be granted, w^*" able to oth"- grants formerly made upon like grounds. appointed, Upon y'= petition of Rich--d Saltonstall, Esq% M' Hibbens is SaltonstaLls ac- (with M-^ Nowell,) in y steede of M' Mayhewe, to take M"" counts about y estate of Jn° Dillingha™, deceased. OF 140 THE RECORDS OF THE COLONY disbursed to Cap? Bridges, in ready 1G45. It is ord"-ed, y' y^ 5*, W^ lil' Pelha" • in y" best pay r mony, for y° countryes occasions, be forthwith paid him -f 1 October. Treasurer shall receive, although he should not demand y^' same. Obedia Govis is by order to be discharged. of Charlstowne & Cambridge, are appointed M' Pelham, & -f deputies to reade over y" orders. Whereas, in a form' session of y= Co-'t, y" deputies ingaged y^selues to pay unto James Penn about y* sume of sixtye pounds in mony, beaver, wheate, said or barly, or cattle, y« same not being pformed, it is now ord^'ed, y' y" to y« said ingagement. sume be forthw"" paid by -f Treasurer, according 18'' 18 Octoter. 8" M", 1645. Castle. The Co't being much troubled y' y" Castle is, & hath bene, so long neg- 9*^ lected, thinke it meete y* Boston should be fined 20^ if by y" first of y* A they finish not y= pt w"^"^ belongs to y" at y* Castle gates, or else, & for ev'y day y' any thing w* belongs to be done by Boston, & is not done after y' day, to forfeits 5* a day more ; so for Dorchesf, Eoxberry, Charlstowne, & Cam- bridge, w' -worke soev' belongs to any of y" to do, & is not done V'in this yt [117.] fortnight fro™ y' day, to be fined 20* a *peece, & 5* a day for every day any thing belonging to any of those townes are undone, & not finished after that time. It is ordered, that the surveyer gencrall shall keepe all y* country armes, & sell them to any that will buy them, being inhabitants w"' us, & account for y™ to y* auditor gen'^all. The Co't thinketh meete, y' if M™ Stoughton bring two sufficient men or more to ansere y^ country for what her late husband stands indebted to the country, to y' satisfaction of the auditor, shee shalbe discharged therefrom by y* auditor generall. 611- Forasmuch as y^ CoH hath used sev^'all wayes & meanes for y* lessening Gen'all Co'ta y° great charge of y® country, & most equall dividing thereof, w* would abun- to be kept by tomes. dantly satisfy y^ mindes of most, y' being now pposed a way w"'^ hath not bene tryed, thinke it meete y' y' way be put in practice for y* time to come, vizj, that each towne shall beare y* charges of y'' owne deputies at y* Gen^all Co''t, or otherwise, & each sheire y* charges of those magistrates at y' Quarter Gov'ts w' they shalbe ; that y° Gen'all Co'ts be kept in each sheire towne by turnes, now next at Boston, then at Cambridge, & last at Salem, & so to keepe their turnes, & w'ever y" Gen'all Co't is, or shalbe, y* sheire to beafe y° charges of all strangers & those magistrates y* reside y', & y* charges of y= magistrates ; THE MASSACHUSETTS BA\ IN NEW ENGLAND. at Gen'-all f Con, & meetings of y" councell to be borne by y= sheires wbere they live, y' y-= Co^s eq^ually & be divided between ]Middlesex & SufFolke, to °""''"" be kept by turncs at each sheire ^^ towne ; further, y' Xorfolke shall have two Cons in a yearo, as Salem & Ipswich, they bearing y<= charge yof, & agreeing- amongst y™selues of a convenient place : this ord'' is consented to, w't' y^ adition & condition, y', first, y« arrerages of all o-- dyot shalbe all paid for at Boston y° y' next yeare, begiiliug in ' y May, 1646, y" Co'ts shalbe at Boston, & so y« 16-46. two next yearcs at Cambridge & Salem successively, & y' at y end of those three ycares all y" Ccts shalbe kept in y^ places & at y° times they now are, unlessc *y'' Con do take further order therein. [*118.] M' Hibbens, M'' Sparhauke, & il"' Riiwson are appointed a comittee to take y'' accounts of M"' Downing & ^I'' Nchcmiah Bourne, for y' debt w* y° last year M"' Downing was questioned for, if it may be in y" siting of y" Cbn, or else before y" ship goes for England ; & they have pow' to suinon, to ap- point y'= time of meeting for y' end, & eith'' to signe him or y" a bill to y« Treasurer, if any thing be due to him or y°' fro™ y^ country, or to use all y« meanes they can, or y° law afi'ords, to pcure w' is due to y" country fro™ him or y™, as shall appeare. Upon M' Simkins testimony y* he carried three peeces of ordinance to y" Castle in a lighter, about tenn yeares ago, w'^of one was a sacre, w'^'' M' Bel- lingham said was his ownc, & some of y" people said it was INI'' Bellinghams gunn, it is conceived iust y' y"^ same, or y° like gunn, should be deliv'ed to 'M' BcUingha™ by y" surveyor gen^all. Upon a petition of div''3 psona, for consid^ation of y" lawe about new- com'"s not staying above three weeks w'^'out licence, & y" lawe against Anabap- tists, y'^ Con hath voted y' y" laws mentioned should not be altered at all, nor explained. Whereas y" Con hath found, by much experience, w' damage y« country 612- "' ^" exact accounts of all monyes y' is due to y" sustaines for A^-ant of keeping ^J^"^^ of country, eith'' by gifts, fines, rates, legacies, & otherwise, as also monyes 15"' issuing fro™ y* country upon seV^all occasions, they have thought fit, y' of y^ to be auditor Auditor gon>, 8"' to elect & make choyce of Leift Nathani : Duncan A ' 1645, Duncan. 1 1 duringJ.N; gen'-all for y= country, & have conferd upon him thirty pounds p annum y" pleasure of y" Con, to be paid him by y" country for his paines & care y' take his oath he shall take in y" faithfuU discharge of y' place, who is also to hee shalbe called y'-unto, who for y'' d#& faithfuU execution of his office, w" often as he shalbe required also shall give an account y^of to y' Con, as said auditor gen'-all shalbe yunto. 1. It is therefore ord-'ed by y" Con y' y« 142 THE RECOKDS OF THE COLONY OP 16 4 5. carefull to place no debt upon y country w*'' doth not rightly belong to y" to pay, or vf"^ doth more pperly belong to any colony, towne, or pticul'' pson 18 October. y"" to discharge ; & if should be any doubts arising herein, or in any such like paym', y* he suspend y* paym* y'of till y° Co't hath determined y* same. 2. That he shall examine all notes, bylls, & accounts upon vr'^ y* country is to make paym* or satisfaction to any pson, & to agree w"' y™ about y' rates & prizes set downe, if they seeme to him unreasonable, or if they have not P119.1 before *bene agreed w"", & y' for y" future he shall passe no bills to y" Treas- urer to pay, except they bring pticular notes und'' y^ hands of such y' have received or taken up any thing for yv"^ y" country is to be charged w''*, as for y"= ferrages, messages, dyet, & such like things ; & Treasurer shall not alow any bill, ^, before it hath bene signed by y'= auditor, who is to be as an equall iudge between y" creditor & y* country, y' wrong may not willingly be done either way. Correct aoc> to 3. That he keepe pfect books of account of all such things y' shall passe be kept. through his hands, apertaining to y'' country, or signed by him, to be paid by y^ country, as also of all debts & dues belonging to j" country, eith'' by fines, rates, gifts, legacies, rents, customes, impositions, or any oth'' wayes ; & y' hee may y° better do it,' y" Secretary fro" time to time shall, after every session of y° Geu''all Co't, & at y end of every Quarter Co't, or any other, give notes of all fines, or oth' pfits y' shall arise or appertaine to y" country, by entering of actions, or any oth' way, y' he may enter y™ into his booke, & take order for their recovery at y* times agreed upon ; & to y' end pow' is hereby given him to suinon & call before him all farm'^ or oth' officers y' are to receive any customes, impositions, or rents belonging to y" country, & to take their accounts, & to ord' their paying of y" in to y" Treasurer according to y* times agreed upon ; also to call before him any pson y' is indebted to y* country, at such time & place as hee shall appoint, to give account of such debts ; he hath also pow' to issue out warrants to psecute by course of law any such debto' as, being found in arrerages, shall not, upon demand, make due satis- faction y'of, & y' y= marshall be ready to discharge his place in matt" of y' nature, w" y* auditor shall require him y'unto. 4. That he take care to put y" country in mind y' all such as bring suites & controversies into y* Gen'all Co't shall pay y* charges of Co't for so long time as they shall spend in y* hearing & determining y'of, according to a form' ord' of y' Co't made to y' end. • 5. That he take notice of every rate y' is granted fro" time to time, & how it is ^portioned to ev'y towne, & make y* Treasurer debter for so much, y' so country f may have a iust account of y° same ; & he hath power at any time THE MASSACHUSETTS BAY IN NEW ENGLAND. to examine & veiwe y* Treasurers accounts, *that so his o-wne bookes & accounts may be y« more pfect & ready ; & if any difFerence or difficulty 18 October should arise between y= audito'' & Treasurer about any thin" v' may seeme to "' apptaine to '• ~ f office of y« Treasurer, or y' y= Treasurer should thinke it apptaines to y« auditor to looke after, y' in such cases they ioyne togeth'' to do what they can, y* y« busines of y'= country be not neglected, untill y^ Gen''all Co''t shall ord' it between them. 6. That he shall take notice & looke aft' wafts, strayes, goods lost, ship- wrecks, whales, ^6, or any such things of y« like nature, w' y* pticuler owner is not knowne ; & y" country may claime a priviledge in or coiiion right unto. 7. That he keepe by him a coppy of y" records & ord" of Co't, fro™ time to time, so many of y™ as conc''ne his place, for his direction upon any oc- casion. 8. If messeng" be sent forth upon any publike occasion, or such like ser- vice to be done for y' country, y' he agree w'*" y" for their paines ; or if any be to be gratified for bringing letters or messuages hith"^, he may ord'' y^ same to y" best advantage of y' countiy, & y" direct his bill to y^ Treasur"' for y^ discharge of it. 9. When any shall come to give in testimony against malefacto", in faith- fulnes to God & y* country, & they require their charges for it, y' he may agree w* y"" for w' is reasonable, & in all oth"' cases, wherein y" countiy is to be at charge about pattents, bounds, or iurisdictions, id, y' he be y" hus- y' imod''ate needlcsse charge be not brought upon y« band for -f counti-y, & same. 10. That he take care both for y^ gcn'all & pticul'' Co'ts at Boston, y' they may be pvided for in a comly mann--, & to y" best advantage of y« country. y'= secretary or 11. That at all oth' Co'-ts held w'^in y^ iurisdiction, eith-- appoint, shall take a pticul' clarke of y' Co'^t, or some oth-- w" y' Co-'t shall und^ his hand w'" him y» account of y" charge of y' Co't, & )'- leave a note auditor to enter into his booke hath pvided for y' Co't, W^" he is to bring to f before he appoint y« Treasurer to discharge it. or any oth"- things not yet 12. That all those things before mentioned, y'' country, he hath hereby named, y' shall apptaine to ^ 5^^ & behoofe of n=^ture of his office, & whatsoeV pow' to ord' & take care of, suitable to r be paid in to Treasurer of >- country, shalbe so received he shall appoint to ^ fro- him for w' he receives by his & so to charge him w'"^ it, & take receits kept of charges of country yearely, appointm', y' so a clear account may be r r all former order for discharge there of ; & y' & w' comes in, beside rates, for r 144 THE KECORDS OF THE COLONY OP 16 4 5. signing of bills, for paym'', or ord'^ing of accounts, conc''ning y^ country, is hereby repealed. 18 October. 13. That y* audito' shall signe no bill to be paid by y° Treasurer, for any y' is indebted to y* country, till he first pay his owne debt or default so much out of y' he is to receive of y^ Treasur'' as his debt comes to. [*121.] *The secretaries or clarkes of ev''y 0©% & all such magistrates or coinis- "-*""" sion''s as shall asses any fines, or receive any sums for y'= countryes use, by speciall ord"" shall, w^in fourteen dayes after, estreate such fines, or oth' dues, to y* audito', who shall send a transcript or note y''of to y" Treasurer, y' y« same may be called for, or levyed, according to y'' co''se of lawe, & all oth' psons, "who have form^ly received, wheth'' marshals or oth' offic''s, or any oth' psons, or hereafter shall receive any gifts, fines, or oth' dues to y* country, shall make like certificate of y" same to y' audif, w'^in one month after y° end of y' Co't, for such things as are passed, & w"'in y° time before limited, for time to come. The Co't, haveing consid'ed of y" great expence of time occasioned by sev'all psons bringing their suites to y^ Co''t to be tryed here, thinke it meete that Cap? Smyth should pay twenty nobles for defraying y^ charge of y^ Co^ & y' to^vne of Ipswich & -f petition''s of y^ Newe Medows should pay 5* for y* time their cause tooke up in y' Co't, fifty shill^s y^ towne, & fifty shill's y° petition''s ; & y' Watertowne should pay fifteen pounds for y^ time w'='' their cause tooke up in y« last Courte. Whereas Rich^d Saltonstall, Es^, (executo'' to y* estate of Jn° Dilling- ham, deceased,) hath tend'^d his account, whereby it appeareth hee hath rec"* yo to value of 933. 12. 2*, & y', by ace', is made paid 924. 2. 1^ it was granted this returne, made by J!'' Nowell & ISI"' Hibbens, (as commission''s in y' behalfe,) may be entered & remaine upon record, as an ord'" of y^ Co'^t, & (in regard of such occasions as during my absence in England may arise) the will of John Dillingham, & y° will of Sara, liis wife, w"" y^ inventory to be kept by M' Nowell, w* is granted likewise. Whereas Rich'^d Saltonstall, of Ipswich, Es^, (executo' to the estate of John Dillingham, deceased,) hath tendred his accompt, concerning the said estate, unto us undi^written, being, by ord'' of the Gen'all Co'^te, appointed comission'"s to end & determine the same, wee, the said coinission", haveing pused & examined the account aforesaid, do find that the said Rich-'d hath re- ceived of the estate of John Dillingham aforesaid to the value of nyne hun- dred thirty-two pound twelue shillings two pence, 932. 12. 2*. Also, we find that the estate of John Dillingham aforesaid doth owe, & is indebted unto, Rich'^d Saltonstall nyne hundred twenty-foure pounds two shillings & a ; THE MASSACHUSETTS BAY IN NEW ENGLAND. 145 penny, 2' 924* l"^. The said Eicli'^d was alowed for Ms disbursment & adven- 16 4 5. ture in the ship Seaflower, upon a former comission granted by the Quarter 18 October. Co''tej the sumc of six hundred & foure pounds, three shilhngs, & eleven pence. The rest of the aforesaid smne of 924. 2^ 1"^ is demaunded for severall sumcs layd out & paid by the said llich''d, (as executo"^ to the estate of the said John, deceased,) -w'^ remainder, togeth' iv''^ the aforesaid suine of 604. 3. ll"*, we find due to him, the said Eich''d, & do hereby order, that he is & shall be alowed *the suiTic of 924* 2^ l**, out of the estate of John Dillingham afore- [122.] said. Further, we declare & signify, to all or any whom it shall concerne, that, in convenient time, (as by ord"^ of the Co'^te we are appointed,) it is o'' intent to survey the severall sumes received by EdAV'' Dillingham, as also by Sarah, y" daughter of John Dillingham, that the estate of the said John, de- ceased, may be disposed & ^portioned according to his will. INCREASE NOWELL, WILLIAM HIBBENS. It is ordered by the Gen'all CoHe, that this returne, (concerning the es- tate & will of John Dillingham, deceased,) made by M' Nowell & M' Hib- bens, (as coinission's in that behalfe,) may be entered by the Secretary, & remaine upon record, & (in regard of such occasions as during the absence of the said Richai-d in England may arise) that the will of John DilHngham, & the will of Sarah his wife, w"^ the inventory, shall be kept by M' Nowell & M"' Hibbens, that the said Eich-'d may be discharged thereof 6** 8^ 6. *J[t a Generall Courte, at Boston, for Election, the of the M", 16 4 1646. 6 May. [*123.] P-SENT, Y« Gov^'n'', lucre : Nowell, Hibbens, Y" Deputy Go :, M' M"^ Endecott, M-^ Flint, M' Pelham, M' Symonds M' Bellingha", Deputies, Ma : Edw* Gibons, Ca : W"" Hathome, Ca : Eob : Keayne, M' Hen : Bartholomew, John Johnson, M"^ Eich : Eussell, Willi : Parkes, M' Fran : Willoughby, M'^ Eich : Browne, Ca : Hum : Atherton, John Wisewell, Ephra: Childe, VOL. II. 19 : 146 THE KECORDS OF THE COLONY OF : Elea : Lusher, 16 4 6. Ca : Ro : Bridges, Leif " » ^ : Dumer, M' Thorn : Langto", M' Rich « ^^y- Natha : Spai-hauke, • W-" English, Edw* Goffe, M"- Edw"! Carleton, M-^ W" Hubberd, Sebasti : Brigha", John "Whipple, Pet' Bracket, M"' Edw'i Rawson, Walter Haynes, Thorn : Dyer, Lei : Edw* Johnson, Bozoon Allen, Natha : Duncan, an Josu : Hubberd, Willi : Waldren. Ca: Sim : Willerd, "OHN WINTHROPE, Es^, was chosen Gov'n', & tooke his oath to that J' place belonging. Thomas Dudley, Esq), was chosen Deputy Governo'", & tooke his oath to that place belonging. John Endecott, Es^, was chosen Assistant, & tooke his oath to that place appertaining. Harbert Pelham, Es^), was chosen Assistant, & tooke his oath to discharge that place. Rich'd Bellingham, Es^, was chosen Assistant, & tooke his oath. Rich^d Saltonstall, Es^, was chosen Assistant. M' John Winthrope, luni :, was chosen Assistant, & tooke his oath. M"^ Symon Bradstreete was chosen Assistant, & tooke his oath. Increase Nowell was chosen Assistant, & tooke his oath. M' Thorn : Elint was chosen Assistant, & tooke his oath. M'' Willi : Hibbens was chosen Assistant, & tooke his oath. M'' Samu : Symonds was chosen Assistant, & tooke his oath. M' Willi : Pinchen was chosen Assistant. John Endecott, Es^, was chosen Maior Generall. Increase Nowell was chosen Secretary. M'' Rich^'d Russell was chosen Treasurer. John Endecott, Es§>, Harbert Pelhame, Es^, were chosen commission" for the United Colonies, & if eith' of them be hindered, M' Bradstreete to supply, & if the other be hind''ed, M'' Dudley, y* Deputy Govern'', is chosen. It is ordered, that Leift Willerd shalbe cap? of the company at Concord, & Tymo : Wheeler to be their ensigne there. It is ordered, that M' W"' Hathorne shalbe cap? of Salem company, Thom : Lothrope leif?, & Willi : Dixie ensigne, there. [*124.] *It is ordered, that Leif? Hum : Atherton shalbe cap? of Dorchest' comp*, Roger Clapp leif?, & Hopstill Foster ensigne. THE MASSACHUSETTS BAY IN NEW ENGLAND. Ralph Blesdale is alowed to draw wine at Salsberry. John Bourne is alowed to set up a cookes shop at Salem, so that he sell no beaie above a penny a q^uart. Sudberry is freed fro"" f order about salt peeter. Cap? Pelham, Willi Warde, : & Edmond Rice are appointed & author- ished to end small businesses at Sudberry. Glocester is this time excused for not sending a deputy upon M' Blind- mans testimony, y' he whom they chose was chosen before. M-^ Rich'-d Duiner, M-^ Edwa : Rawson, & M-- Carleton are appointed a comittce to search & examine things at Salsberry, & make retuxne of their thoughts thereabouts, (concerning y» petition of some of y"" to be a distinct church,) and returne their thoughts. Rich : HoUingworths petition is not thought fit to be granted. Jane Hawkins is denied liberty to come to us. Swifts land is by order of Court confirmed to Thomas "White. Upon y" petition of Marblehead men, y« Co't thinke fit to declare, y' 614- *^"^''=^^^'^ howsoev' it hath bene alowed custome for forraigne fishermen to make use of Fishermen such harbor's & grounds in this country as have not bene inhabited by English- takg timber, men, & to take timber & wood at their pleasures for all their occasions, yet in these parts w'='» are now possessed, & y" lands disposed in ppriety to sev''all townes & psons, & y' by his ma"''^ grant, Xind" y" great scale of England, it is not now lawful! for any person, eith' fishermen or other, eith"^ forreyner or of this country, to enter upon y* lands so apppriated to any towne or pson, or to take any woode or timber in any such places, w"'out y" licence of such towne or pprieto'' j & if any pson shall trespas herein, y° to'WTie or pprietor so iniured may take their remedy by action, or may g>serve their goods or other interest by opposing lawfull force against such uniust violence ; prided, y' it shalbe law- full for such fishermen as shalbe implied by any inhabitants of this iurisdic- tion in y' sev''all seasons of y« yeare to make use of any of o' harbo's, & such lands as are neere adioyning, for y* drying of their fish, or oth'' needfuU occasions, as also to take such timber for firewood as they shall have necessary use of, for their fishing seasons, where it may be spared, so as they make due satisfaction for y* same to such towne or pprietor. Paine, Carleton are Hampton, W Samu : Dudly, M'' Edw* Rawson, M'' W™ & M' appointed to search & examine all difierences at Hampton, & make returne of what they shall do or find in y* ^mises to y* next siting of this CoHe, & have hereby pow'' on oath to examine witnesses. ordi- . Dedham Micha : Powell is alowed to keepe an ordinary at Dedham. ^ary. [For the names of persona made free 6 May, 1646, see the list at the end of this volume.] : 148 THE RECOKDS OF THE COLONY OF have 1 G 4 6. M' Edw* Eawson, M' 'Woodmaii, & Hen : Shorte, whom Newb'y ^^ ' "f chosen to be ord^'ers of their affaires, are authorished to end smal causes. petition, Antho : Staniard, Samu: Greenfeild, & r^.^l' -. *Iii answere to Excetter [*125.] Exeter small Jamcs Wall are authorished to end small causes there. ''^'^^^^- John Legat° to be clarke of y^ writts there. Cl:ofthe . . _. comittee to writts. M' Samu : Dudly, M"^ Eawson, & M'' Carleton ar appointed a Exeter bounds, lay out Excetter bounds next to Hampton, & so round about them, jvided there be no intrenching on y* bounds of y* lords pattents, & gentlemen men- tioned in y' patent of Swampscoate, or in any grant form^'ly made to Dov' by this Courte. Edw"* Mellowes is clarke of writts for Chaxlestowne. Ch : Tow : cl M' y of the wntts. j^ .^ ordered, y* Cutshamache shalbe alowed to buy two or three pound Cutahamakin. of swan shot, so as )•* warrant be left w"' y" y' sell it him. is y* y* received pylated o' men home aff they India Cap : Sa- It ord^'ed, Indian (who & were left on shore, is to be sent home,) have a larg coate & 2 it of tobacco given him by y" Co'te, w* y* Treasurer is ord''ed to ^vide, & satisfy y' charge of his transportation when it shalbe required. Wine impost. It is ord'ed, y' y* audito' gen^'all hath hereby pow"", & is forthw'^ required, to go into all y* houses & cellers he knowes or suspects any wine to be y' is not entered into his booke, according to ord' ; & the same to seize, distraine, & take possession of, so as it may be forthcoming to y* countryes use ; & here- by all cunstables & oth' officers are required to assist & ayde him in y" dis- charge of his duty, according to ord', taking satisfaction for w' is entered, as y'^ law requireth ; & y" auditor to give notice to such own''s, whose wines he shall £nd confiscate, to appeare before y* Co'te, to show cause why they should not be confiscate. Linne draw of In answcre to y"= petition of Joseph Armitage, it is ord''ed, y' whoev"' y* towne of Linn shall choose at a legall towne meeting to draw wine, he shall have libHy to drawe wine there till y" next siting of this Co't j & y* same to be ^sented hereunto. 615- It is ordered, y' George Muiiings shalbe alowed 15* p @ for his service Keep' of the jjj y« place of a keeper of y* countryes prison, to w'^'' he is chosen ov'', & prison. beside y° appointed fees belonging to y' place, & y' he is freed fro™ executing publike correction & execution. Hingham mil. Lcift Tory, upon his motion, is discharged fro™ ex'cisi* y trained band in Hingha™ y" care of ; & y comp=' is left to Ma : Ed : Gibons till due election be made & appved of by this Courte. Dedham. In answere to y* petition of Dedham for their greate swamp to be con- firmed to y", it is granted to them in ppriety. THE MASSACHUSETTS BAY IN NEW ENGLAND. 149 It is ord^ed, yt RoVt Turner should have 50* out of w' peag or oth' pay 1 6 4 (J. shall come in fro" y« Narrogansets. -—^^-^ Rob'-t Whitman is refered y<= ^ *^'''- to inferior Co-'ts, & such like petition". . Ralph Sprage EchyJ ConVse are & appointed to veiw y« bridge at Mis- Petitions""' tick, & Avhat charge they conceive ^^'^^"^ meete, to be ^sently expended for y' mak- ''"'^e- ing it sufficient ^vent y« ruine thereof, & or by furth-" delay to endang' it, by agreeing w"» workmen for y- compleate repairing thereof, & to make their returne to M' Willowghby & M^ Russell, & w' they shall do herein to be satis- fied out of y* treasury. It is ord^ed, y' Dani: King shall appear before y" milUtary offices of y« Dan:Kinge. east regim', at their next meeting, who shall examine his allegations conCning his not apping, at dayes of training, to pforme such service as might have bene imposed upon him, to & pceede w"» him according to lawe ; but for time to come, y' Co'^t (in regard of his bodily infirmity) doth discharge him fro" attendance upon ordinary trainings, for any service in armes. *M''HughPrichard is freed fro comon trainings at Roxberry for 12 A. [*126.] ^"*" It is ord'-ed, y' if M^ Maverick & M"- Maning shall please to lay out 30« ^"^^ ° "^ •' ard. in cloathing in England for W"" Bunnell at his arivall, on their receit und"' his BuBell. hand for so much deliv^'ed by them to y* said W"" Buiiell in England, this Co''te determines it shalbe repaid them againe here. In answere to y" petition of W"' Ivery, it is ord'ed, (in regard y'^ peti- tion'^ aleages his long absence fro" home, & publike service pformed where he then abode,) y' y* millitary offic''s of y* east reglm' shall convent him to their next meeting, & shall then heare & ex examine his allegations, & according to law, & y° execution to stay in y" meane time. The inhabitants of Braintree, for ansW to their petition, are refered to an Brain tree, ord'' of Co''t, made y 7 A, 43, about coinon feilds, {6. The Co''t, consid^ing y« necessity of raising such manufactures of engins Jenkes monop- of mils to go by water, for speedy dispatch of much worke w"" few hands, & workes, being sufficiently informed of y ability of -f petition'' to pforme such grant his petition, (y' no oth'^ pson shall set up or use any such new invention or trade for fourteen yeares, w^i^out y« licence of him, y* said Joseph Jenkes,) so farr as concernes any such new invention, & so as it shalbe alwayes in y« poW of this Co'te to restraine y* exportation of such manifactures, & ^ prizes of them, to moderation, if occasion so rec[uire. The petition of divers of Dorchesf, Roxberry, ip, to f numV of 78, pet. v Ana- ' continuance of such ord", w*out abrogation or weakening, as are in "^ for -f spreadmg or force ag^' Anabaptists, & oth-- erronios psons, whereby to hind' f divulging of their errors, is granted. 150 THE RECORDS OF THE COLONY OF 16 4 6. It is ordered, that M"' Rawson, y" officer appointed to receive y* custome '^ ' of wine y* last yeare, shalbe alowed one fourth part of what is due to y® 6 May. country on that ord', in satisfaction of his charge, & expence of time expended jj, j^ , wine. ye Qi^ psecuting of that order, he giving y° audito' gen'^all an account thereof, y' so he may pcure it in to defray y° country charges. Highwaye, In answere to y° petition of Hampton, M' Waldren & Leif? Haward are ' ' appointed to veiw y* neerest & best way fro Dover for Salsberry y* may be, w* least charge, through y" woods, or else, & to enforme y* comittee y' is ap- pointed to examine the difference at Hampton, that so, they making retume thereof to y^ next siting of this Co't, y° Co''te may be pvided to give a iust Fine remitted, answere ; & their fine is remited, y' was imposed by y* Co''te at Ipswich, for their defect about their highway. Powder to Bos- It is ord'ed, y' Boston & Charlestowne shall have two barrels of powder °"' " • purchased fro™ y" benefit of y impost of wine, & deliv'ed them by y' audito' gen'"aU, that so they may not be behind in returning comon salutes to vessels coming in amongst us ; Boston to have f pts, Charlestowne one thii'd pt. Wanertons The busines about M'' Wannertons house & land, between M'' Shurt & M"^ Rob't Saltonstall, is refered to the next session of this Co""te, by con- sent. [*127.] *It is ord'ed, by y* authority of this Courte, y' eVy cunstable w^'in o*^ Constab. pow- iujlsdiction hath, by v'tue of his office, full pow' to make, signe, & put forth pursuites, or hues & cries, aff murth'ers, manslay''s, peace break's, theeves, robers, burglarers, where no ma'"''* is at hand ; also, to ap^hend w^'out warrant such as are ov'taken w* drinke, swearing, breaking j" Saboth, lying, vagrant psons, night walkers, or y' any other shall breake o"" lawes, in any of these ; pvided, they be taken in y" mann', eith' by y« sight of y^ cunstables themselues, or by f>sent information from others ; as also to make search for all such psons, eith' on y* Saboth dayes, or at any oth' time, when there shalbe occasion, in all houses Hcensed to seU eith' beare or wine, or in any oth' suspected or dis- ordered places, & those to ap^hend, & keepe in safe custody, till oportuni- ty serve to bring them before y*' next magistrate for furth' examination; pvided, when any cunstable is implied, by any of y^ magistrates, for ap^- hending of any, he shall not do it w'l'out warrant in writing ; & if any pson Refuseinge to shall refuse to assist any of o' cunstables in y* execution of his ofiice in any of y» things above mentioned, being by him required thereunto, shall pay for neglect thereof ten shillings to -f use of y« country, to be levied by any ma''»'« before whom any such offender shalbe brought ; & if it shall appear by good testimony y' any shall wilfully, obstinately, or contemptuously refuse or neglect to give assistance to any cunstable, as is before expresed, he shall THE MASSACHUSETTS BAY IN NEW ENGLAND. 15^ pay fortye shillings to y* use of y= country, upon y" iust complaint of y« cun- 16 4 6. stable as aforesaid ' ' ; & y' no man may pleade ignorance, when a cunstable shall ' require assistance, it is ord-'ed, y' ev^ cunstable ^^''^' shall have a staffe, w*'' some . remarkable distinction, pvided by y« towne, w"'^ may be as a signe or badge of his office, this staiFe to & take along w"^ him, when he shall go fourth to dis- charge any pt of his office, w<"' staflfe shalbe black, & about five foote, or five & a halfe foote long, tiped at f upper end, about five or sixe inches, with brasse. For y« better keeping of watches & wardes by y« cunstables in times of 617- peace, it is ord-^ed, y' ev'y cunstable shall ^sent to one of y« next ma'™'*^ f '"^**'='i«5- name of ev^'y pson who shall, upon lawfuU warning, refuse or neglect to watch or ward, eith'' in pson or by oth"" some sufficient for y' service ; & if, be- ing so convented, he cannot give a iust excuse, such ma'™*° shall grant warrant to y'= cunstable to levy five shillings of such offend" for eY'j default, y« same to be implied for use of y* y watch of y" same towne ; & it is y" intent of y» lawe, y' ev'y pson of able body, (not exempted by lawe,) or of estate sufficient to huire anoth"", shalbe liable to watch, or to supply it by some oth', when they shalbe thereunto required ; & if there be in y* same house diverse such psons, (wheth"^ sonnes, servants, or soiourn"^,) they shall all be compelable to watch as aforesaid. It is ord''ed, y* y* Secretary should send forth warrants to all cunstables 618- '^" ° to bring in to one of y* coinission" for the United Colonies y« iust numb"" of ' all y* males within the severall townes between the ages of 16 & 60, by y* end 4a of y« *month next, that y® charge of y* late expedition, ^5, & y° wampa" [*128.] due fro" y* Narragansets, may be duely pportioned, & y' for time to come y* comission^'s for y* United Colonies shall, upon all such occasions, send forth their owne warrants to y* cunstables for y" same purpose, y* this Co'te may not be troubled therew"", nor y« service neglected. Forasmuch as great harme hath bene done by fires, w""" have bene kindled in y^ fcilds abroad at unseasonable times, w'='^ fires have bene often occasioned by taking tobacco, & much time thereby unpfitably expended, — 4"' shall It is therefore ordered, y' no pson, after y end of y" A next, 619- Tobacko fires. take any tobacco in any coinon ground, or feild inclosed, or yardes, or oth' open place out of dores, upon paine of two shillings for every such oifence, order pvided, never- beside recompence of all damages, according to a form' ; (remote from any theles, y' it shalbe lawfuU fbr any man y' is on his iourny woods on fire house five miles) to take tobacco, so that thereby hee sets not y« * to y® damage of any man. 152 THE RECOKDS OF THE COLONY OP 16 46. 22'^ 3'^ M% 1646. 22 May. In answere to y» petition of Eob"'t Ensome, M' Edw* Witheridge, M' Wine imposte. John Wheate, & y" rest, this Co'te haveing taken into consideration the request of the said petition'% it is hereby ord''ed, that they, the said petition", shall have the one halfe of the customes of their wines abated them, vizj, five shil- lings upon a butt or pipe, pvided they, y® said petitioners, do (bona fide) make a true entry of all the wines they have landed, & that w^Hn two dayes next after notice given them by y° auditor gen''all, or any appointed by him for that end, & that they, y* said petition's, do make payment to y* auditor aforesaid of the other halfe part of y« said customes, vizJ, five shillings upon a butt or pipe, & that in such pay as is j)vided in a former order, w'='' re- y*" quires tenn shillings custome upon a butt ; & in case any said petitlon''s shall delay to make a true entry of their wines, as is aforesaid, that then all such said wines that are already forfeited by any such petition' for none enterance, shalbe seized upon by way of distresse, according to a speciall warrant given to y* said auditor gen'all, for that end & purpose. 620- For y® better recovering of any custome of wines, or forfeitures for not entering according to any order or orders of this Co'te, & for refusal} of paym' of such customes according to such order or orders, to y* satisfaction of y° auditor gen'all, it is ord'ed by y° Co'te, y' y^ said audito' hath power, & is hereby required, to go into all y* houses or cellers he knoweth or suspecteth any wine to be, & from time to time shall seize upon such wines as are not entered, & also seize upon & take possession of so much wines, ^6, as to make paym' of what custome is due, according to entryes made, & is refused or neg- lected to be paid in due mann', according to such order ; & hereby all cun- stables & oth' offic" are required to assist & ayde y* auditor in y« discharge of [129.] his dutye, & helping to breake open such houses or cellers, if *the owners of such wines shall refuse to open their dores or deliver their keyes in a peaca- ble way. M' Ro ; Sal- In answere to y« petition of M' Rob't Saltonstall, the Co'te is wiling to tonstail alow y* petition' y* land desired, so as he will accept it as a part of y' {)por- tion due to S' Rich' Saltonstall in this iurisdiction, & form'ly granted to him, but no place yet assigned. Powder to Sa- The towne of Salem is granted two barrels of powd' more to y° foui'e lem. w"" were formerly granted them for publike use, to keepe & have in a readi- nes for y* countryes service. Indians. The law w""^ forbids -f intertaining of any Indian into service w""out alowance of y« Co'te is repealed, there being more use of incuragem* thereto then otherwise. — THE MASSACHUSETTS BAY IN NEW ENGLAND. In answere to petition about Pascataq., -f it is ord'ed, that f two Co-'tes of Pascataq^ should be kept yearely at 4"' Dover, one on y* of y« last weeke yo in 21 A, oth' on y^- 4*1^ day ^'^ r & of the first weeke in y« 8* &, by any one ^^ or two of y» ma'™'«% such comission'^s, ^^^~ & or any one of y-", as shall fro"" time be appointed by this Co^ if ; & this Co^te will not ord^ what magistrates Courts, will attend y service, y" Co't of Assistants, (or in default) y« Gov'no^ may designe them for y« Co't then next to ensue; & it is hereby declared, y' f Trialis. inhabitants of Pascataq, have no oth"- liberties concerning tryalls & suites in lawe then y= inhabitants of Salem & oth'^s of oth-^ partes of this iurisdiction have, y' no Court be kept & w'^out one ma"^*" ; & it is ordered, y' for this Psent yeare M' Bellingham & M-- Saltonstall, or one of them, are appointed for keeping 8"" y= Co'te in y« & next, & another Co'te sometime before, when themselues thinke it meete ; & Cap? Wiggen, M' Smith, & Ambros Gibons ai-e appointed comission" to assist in y Co'tes for this yeare. Willi is : Waldren nominated for recorder at Dover, till y« Co-'te shall Recorder Do- take further order. ^^'^ It is ordered, y' M' George Smith shall be one of y« three men to end SmaU causes °^' small causes und' 20^ at Dover. Thom : Laughton, Edw"^ Burcham, & Thom : Putman are appointed to Sm. cans., "™^' end small causes at Linn. It Is iust thought y' Edm° Gardner should .be fully satisfied ; but they Edw : Gaidi- ^^' conceive y' it is to be paid out of the towne of Ipswich, & not fro™ y* country. Alexand'' Beck haveing form'ly bene at great charge w"" some infirme ^ = Beck, psons in y* prison, & now, since y'= keepers death having kept Burcham & Eedman, being both sick, & so continuing, it is desired, y* j" auditor gen''all may examine his accounts, & ord'' his ^sent satisfaction, & furth'^ ord"' to be taken to discharge him of y* said prisoners, he pfesi^ himselfe unable to keepe them any longer, wanting sustinance for his owne family. Forasmuch as delayes in executing iustice is dangeros to any state, & 632— '"^^to^^ whereas many ofienders are punished onely by fines or pecuniary mulcts & poenalties, w* if there be delay or neglect in ofEc^ y' such fines are not duely levied, *then sinn is unpunished, & y* name of God may thereby sufi^, [*130.] It is therefore ordered, by y" authority of y* Gen'all Courte, y' any offender y' shalbe fined for y* breach of any pcenall lawe, such pson or psons so offending shall forthw*'' pay his or their fine or poenalty, or put in security speedily to do it, or else to be imprisoned or kept to worke till it be paid, y' no if y* ma*"***^ shall thinke losse may come to y« comon wealth ; pvided, also, y' meete to respit any fine or poenalty for a season, yet when its due, & what marshall for y^ time being oth"' fines or debts be already due to f coimtry, -f VOL. II. 20 154 THE RECORDS OF THE COLONY OP in levying shall take his oath to be faithfuU in the doing -f duty of his place & returning of the same, or else to be himselfe lyable to such fine as any Co'te of iustice shall impose on him for his neglect. In answere to y" petition of James Heyden & pttf, ferrimen, & for y satisfaction of all other ferrimen, y* there may be no mistake who are freed, or should be passage free, & how long, — 623- It is declared, y' y* honored ma*"'»''=% & such as are, or fro"" time to time Passage of shalbe, chosen to serve as deputies at y' Gen'all Courte, w*'' both their neces- magist. & dep- attend- tyes, &5. sary attendants, shalbe passage free over all ferryes ; & by necessary ants wee meane a man & horse, at all times dureing y* time of their being ^gtvtitea oj. deputies, but nev' intended all y* families of eith% at any time, & y' y* ord' neith'' ex^seth nor intendeth any such thing. "Whereas this CoHe hath passed an ord'' for y« free passage of y* ma''*'*^ & deputies of y° Gen'all Co'^te, & y necessary attendants of both, as in y' ord' appeareth, & y' y" ferrimen of Charlstowne may not loose by y" transpor- tation of them abovesaid, w* grand iury, petty iury men, prison''s, keepers, ^(3, y* Co'^te hath by a comittee agreed w"' y^ said ferrymen for y* time past to 6* be alowed 4* p @ since that order, & p @ for y* time to come ; these pay- m*° to be made & alowed annually by y^ Treasurer. Boston, y* 15* 3"> &, 1646. Order for a sy- The right forme of church gov'mn* & discipline being agreed pt of y* node, kingdome of Christ upon earth, therefore y" establishing & settleing thereof by y° ioynt & publike agreem' & consent of churches, & by y* sanction of civill authority, must needs greatly conduce to y^ hono"^ & glory of o'' Lord Jesus Christ, & to y" settleing & safety of church & comon wealth, where such a duty is diligently attended & pformed ; & in asmuch as times of publike peace, ^rch ye -[^T^j ^,y of Qod 3X6 vouchsafed to these plantations, but how long y* same may continue wee do not know, are much more comodious for y* effect- ing of such a worke then those troublesome times of warr & of publike dis- turbances thereby, as y« example of o"^ deare native country doth witnes at this day, where by reason of y° publike coinotions & troubles in y* state of [*131.] reformation *of religion, & -f establishing of y= same is greatly retarded, & at f best cannot be pfected w"'out much difficulty & danger, & whereas divers of o'' Christian countiy men & freinds in England, both of y^ ministry & oth's, considering y« state of things in this country in regard of o"^ peace & other- wise, have sundry times, out of their broth'ly faithfulnes, & love, & care of our weldoing, earnestly by lett" from thence solicited, & called upon us y' wee would not neglect y* oportunity w"'' God hath put in our hands for y THE MASSACHUSETTS BAY IN NEW ENGLAND. effecting of so glorious good & a Tvorke as is mentioned, whose advertlsem*" are not to be passed over without due regard had thereunto, & consid'ing wt^all y', through want of thing ^ here spoken of, some differences of opinion & practice of one church fro'=^ anoth-^ do already appeare amongst us, & oth^s (if not timely ^vented) are like speedily to ensue, & this not onely in lesser things, but even in pointes of no small conseq^uence & very materiall, to in- stance in no more but onely those about baptisnie, & y^ psons to be received thereto, in w"^** one pticular y" apg>hensions of many psons in f country are knowne not a little to differ ; for whereas in most chm-ches the minisf^ do bap- tize onely such children whose nearest parents, one or both of them, are setled merab", iu full com union av"' one or other of these churches, there be some who do baptize y* children if y" grandfather or grandmother be such members, though the imediate parents be not, & oth" though for avoyding of offence of neighbo'' churches, they do not as yet actually so practice, yet they do much incline thereto, as thinking more liberty and latitude in this point ought to be yeilded then hath hitherto bene done, & many psons liveing in y" country who have bene members of y" congregations in England, but are not found fit to be received at y* Lords table here, there be notw'^'standing considerable psons in these churches who do thinke that y° children of these also, upon some conditions & tearmes, may & ought to be baptized Hke^vise ; on the oth' side there be some amongst us who do thinke that whatever be y* state of y® parents, baptisme ought not to be dispensed to any infants whatsoever, w* various ap- phensions being seconded w"* practices according thereto, as in part they already are, & are like to be more, must needs, if not timely remedied, beget such differences as wilbe displeasing to the Lord, offensive to others, & dan- gerous to our selues, therefore for the further healing & preventing of the further groth of the said differences, and upon other groundes, and for other ends aforementioned. Although this Couite make no question of their lawful! power by the [*132.] word of God to assemble the chuixhes, or their messeng", upon occasion of counsell, or any thing w'''' may concerne the practise of the churches, yet because all members of the churches (though godly & faithfull) are not yet clearely satisfied in this point, it is therefore thought expedient, for the psent occasion, not to make use of that power, but rather to ex- the desire of this g>sent prese o'' desire that the churches will answere mes- Generall Co'te, that there be a publike assembly of the elders & other come sengers of the severall churches within this iurisdiction, who may next en- together & meete at Cambridge upon the first day of September now of God, such ques- suing, there to discusse, dispute, & cleare up, by the word — 156 THE EECOEDS OP THE COLONY OF 164 6. tions of church governm' & discipline in y° things aforementionedj or any oth', ^~ ^ "> as they shall thinke needfuU & meete, & to continue so doing till they, or y® *''" maior part of them, shall have agreed & consented upon one forme of gov'ment & discipline, for the maine & substantiall pts thereof, as that w"^ they iudge agreeable to the Holy Scriptures, which worke, if it be found greater then can well be dispatched at one meeting, or session of y* said assembly, they may theny»as occasion & neede shall require, make two sessions or more, for y* fin- ishing of y* same ; & what they shall agree upon they shall exhibite y* same in being, shall ^sent writing to -f Govern', or Deputy Gov'^n'', for -f time who y« same to y« Gen^'aU Courte then next ensuing, to y° end that the same being found agreeable to y« word of God, it may receive from the said Gen'all CoHe such appbation as is meete, that y* Lord being thus acknowledged by church & state to be o"" Iudge, o' Lawgiver, & o'^ King, he may be graciously pleased still to save us, as hith'to hee hath done, & glory may stUl dwell in o' land, truth & peace may abide still in these churches & plantations, & o' posterity may not so easily decline fro™ y* good way, when they shall receive y* same thus publikely & solemely comended to them, but may rath' ad to such beginings of reformation & purity as wee in o' times have endeavored afler, & so y* churches in Newe England may be Jehovahs, & hee may be to us a God from gen'ation to generation. [*133.] *And as for y° cost & charges of y* said Assembly, its thought meete, iust, & equall that those churches who shall thinke meete to send their eld's & messeng's shall take such care as that, dureing their attendance at y» said Assembly, they may be pvided for, as is meete, & what strangers or oth" shall, for their owne edification, be ^sent at the said Assembly, they to j>vide for themselues & bear their owne charge. And, forasmuch as y* plantations w*'^in y* iurisdictions of Plimoth, Conectecott, & Newe Haven are combined & united w"^ these plantations w"^in y* Massachusets, in y* same civill combination & confederacy, — It is therefore hereby ordered & agreed, that y" churches w'^'in y* said iiurisdictions shalbe requested to send their elders & messeng" to y* Assembly aforementioned, for w* end y^ Secretary for y* time being shall send a suffi- cient number of coppies of this ^sent declaration unto y« eld's of y* churches w^in y« iurisdictions aforementioned, or unto y« governor or govern'^, cofais- sion' or comission'^, for y* said confederate iurisdictions respectively, that so those churches, haveing timely notice thereof, may y« bett' pvide to send their eld'' & messengers to y= Assembly, who, being so sent, shall be received as pts & members thereof, & shall have like lib'ty «& pow' of disputing & voting therein, as shall y« messeng" & eld" of y« churches w'^in y« iurisdiction of y« Massachusets. THE MASSACHUSETTS BAY IN NEW ENGLAND. 157 This Co'te thankfully accepts of y» labors returned by y« seVall comittees 16 4 6, of y<= sev'all sheires, & being very tinwiling such pcious labo-^s should fall to —v— ground M'"^ouf r y' good successe, as is genially hoped for, have thought it coHtloIkr" meete to desire Rich^d Bellingham, Esf , M' Symonds, Leif? Duncan, Leif? ttTiaUT. Johnson, & W Ward do cause each coiiiittees returne about a body of lawes to be transcribed, so as each comittee may have y" sight of -f others labors, & that psons mentioned in y this order' be pleased to meete together at or before y« 10'" of August, at Salem or Ipswich, & on their pusing & examining y= whole labo'"s of all y' coiiiittees, w'" -f abreviation of y= lawes in force, w-^" M' Bellingham tooke greate store of paines, & to good purpose, in and upon y« whole, & make return to y" next session of this Co'te, at w''" time y« Co''t in- tends, by y« favo'' & blessing of God, to pceed to y<= cstabUshing of so many of them as shalbe thought most fit for a body of lawes amongst us. M' Allen, Anthony Eames, & John Merrick are appointed to end small causes at Hingham, till j" next session of this Co''t. The surveyor gen^'all acknowledged his haveing received y* two guns of M'' Fowle, w""^ were lent him. Ilee is discharged. *Whereas there was heretofore a peace agreed upon between Moun"" [*134.] Comisa^to D'Aulney, k', gov-'n'- & leift gen-'all for y" King of France, of y« coast of Aca- ./ D 'J Mons' D'Aul dy, country of New France, by his agent, Mouns' Maaie, on y* one pt, & y"= nay. Gov''n' & magistrates of y' Massachusets Bay in Newe England, on y* other gty, w'" had reference to an assent thereto to be given by the oth' iurisdictions in Newe England in confederation w* them, w* assent was affwards given, und'' y* hands of y* coinission"^ of y^ United Colonies, & in Octob"^ last sent to said D'Aulney, to have bene by him subscribed returned to us y Mouns' & ; & whereas y* said Mouns*^ D'Aulney did then make difficulty & demurred upon y" subscription thereof, in regard of some iniuries & damages hee al- leadged to be sustained by some of o", req^uiring satisfaction thereof before he would subscribe y* peace, desiring that wee would therefore, at this time, send certeine agents, qualified & authorished to trea*e w'" him & his agents, & com- pound the same, — Wee, therefore, y" Gov^n', Deputy Gov'n', magistrates, & deputies, mak- ing y* Gen'all Co'^te at Boston, wherein y* supreame pow' & authority of this iurisdiction resideth, (being desires that a iust & equall peace may be kept & maintained between y« two nations, & w"^ y« said Mouns' D'Aulney, & all o' neighbo", & o''selues, & being wiHng also to gratify y" said Mouns'' D'Aulney fully in this his request of a treatye, y' so it may for his satisfaction be mani- supposeth fested to him how innocent wee are concerning those wrongs hee wee have done him, & how, out of y« desire of peace, & mutuall trade & 158 THE RECORDS OP THE COLONY OF 164 6. comerce w"* him, wee would have sup;pssed o' greifes, & borne o' losses by "^1 ' him & his, suff''ed in silence, if hee had l^ot thus pressed us- to a complaint 22 May. thereof,) have hereby authorished & appointed o' much hono'ed & right trusty Gov'n'^ of this iurisdiction, & welbeloved Thorn : Dudley, Es^, -f Deputy & 0'' faithfull & worthy freinds, Maior Daniell Dennison & Cap? "W"" Hathorne, 0'' comission" and agents for us, & in o'' names & steades to treate w"* y" said Mouns"^ D'Aulney, or his coinission''' sent from him, w**" like plenary power & authority as wee hereby give unto yo", o'' comission'^' & agents, for y" determin- ing & compounding of all differences & greivances between him & o'selves, authorishing & giving unto yo'' hereby full & absolute power to agree & de- termine all grievances, complaints, iniuries, losses, violences, & damages w'^'' shall appear unto yo", or w"** shalbe supposed to have bene done or ppetrated, eith' by us or any of o^'s against him, or by him or any of his against us, or any of ours, hereby obliging o'selves to stand to, abide, & pforme whatsoev"' yo" shall, und'^ yo' hands, testify so to have agreed unto. In testimony whereof, wee havs hereunto affixed o"^ publike scale, & have caused o'' Sec- retary to subscribe the same, this ^ day of ^ old stile, in y* yeare of o"' Lord 1646. [»135.] *At a Gen'all Co'te, held at Boston, y* S"" &, 1646. Mons' Dauiny. Whereas it hath bene aleaged by Mouns' D'Aulney that this colony or gov''nm' of y° Massachusets hath acted in y^ expedition of Latere & Capt Hawkins against Mouns"' D'Aulney, yo"' Co''te, haveing taken into considera- tion & throughly examined y ^mises in y' pticuler, doth hereby declare y' this gover™' hath not had any hand in y" said expedition ag^' y^ said Mouns"" D'Aulney, or any act of hostility comitted, eith"^ by Latere, or Cap'E Hawkins, or any oth' French or English else, in y' warr ; neith"^ did this Generall Co''te, wherein y" supreame power of this iurisdiction resideth, formerly or laterly alow of any private lett" (written from any man, wheth' Govern' for y° time being, or any oth"^ publike pson or psons whatsoever) to be an act of this state to ingage this colony in any designe, w^'out y° consent of this Co't first had & obtained, & y" same therein expressed ; neith' hath this Co^e given or consented unto any such private letter whatsoever to be written from any man touching this perticuler. At a Gen'all Co'te, held y<= 3'-'^ A, 1646. Close comittee Whereas Thorn : Dudley, Es^, Deputy Gov', & two oth" are chosen for instructions • • — „ i .1 /-~i .. . , ti 1 .1 », t &prepara- comission" by this Oo'tc to go to renobscot, there to treate w"^ Mouns' tions. D'Aulney or his agents concerning y g>tended differences between him & this THE MASSACHUSETTS BAY IN NEW ENGLAND. 159 goverm', this CoHe doth order & appoint, doth & hereby give full power & 16 4 6. ' comission ' to Maior Gen'all Endecott, W Rich-'d Bellingham, Cap? Eob't ' Bridges, M-^ Franc Willoughby, ^^ "'^ & M-^ Duncan, to be a close comittee, to drawe up give out such instructions to & y said Thorn : Dudley & the rest as they shall, to their best skill & wisdome, see most conduceing to y* ^sent & future peace welfare & of this colony, w*out making knowne y" same to y« Gen'all Co''te untill y" said comission" shall returiie ; as also y« said comittee hath full hereby power to order & appoint how many attendants )* said coinis- sion'^* shall have, their & wages ; as also shall take care for a convenient por- tion of money for -f said coinission" to carry w"' them, & for their ^visions befitlng their psons, & suitable to y' service, & what alowance shalbe given the said comission" for their paines & time expended, & damage in their owne domcstick busines in their absence, & for the appointing of an interpreter, & huiring of a vessell, w"' all oth'^ requisits that conc''ne this service. This Co'-te considi-ing y' y= Deputy Gov•n^ in regard of his age, may Supply in case, *"" (thi-ough sicknes, or oth"' bodily infirmity) be disabled for y« voyage at such time as y« comission" are to go to Penobscot, it is therefore ordi'ed, y' in such case M"' Bradstreete shall supply y* place of a coiiiission'' for that service, as a reserve in case, {&; & ii f Deputy Governo'^ goeth not, Maior Denison shalbe discharged this service. *M'' Willoughby is chosen & appointed a reserve in case Captaine Hath- [*136.] orne, by reason of some hand of God, y' is not foreseene, & cannot be jp'vented, should not be able to go to Penobscot, to Mouns^^ D'Aulney ; then M' Wil- loughby to be as coiiiission'' in liis roome. W™ "Witter not appeai-ing at this Co'"te, according to y" ord"" of y° Co''te Witter. of Salem, y* Co''te doth conceive it fitt y* y" maior gen^'all do take ord"" for his appearance at y" next Co''te of Assistants, at Boston, there to answere & to be proceeded w"' according to y"= merit of his offences. At a Gen^all Co-'te, at Boston, the 6"^ 3"" A, 1646. Cutshamache, sagomore of y" IMassachusets, came into y° Co''te, & ac- Andouer. ^ ""^ "^ knowledged y' for y" suine of 6* & a coate, w"^*" he had already received, hee had sould to INI' John "Woodbridge, in behalfe of y° inhabitants of Cochicha- wick, now called Andiver, all his right, interest, & priviledge in y* land 6 miles southward fro"" j" towne, two miles eastward to Rowley bounds, be y* same more or lesse, northward to Merrimack Ryver, pvided y* y° Indian called Roger & his company may have lib'ty to take alewifes in Cochichawick River, for their owne eating ; but if they eith' spoyle or steale any corne or oth' fruite, to any consid'able value, of y* inhabitantes there, this lib'ty of taking 160 THE RECORDS OF THE COLONY OF acres of ground 16 4 6. fish shall forever cease ; & y* said Eoger is still to enioy foure where now he plants. This purchase y« Co''te alowes of, & have granted y° 22 May. said land to belong to y° said plantation for ev', to be ord''ed & disposed of by them, reserving liberty to y" CoHe to lay two miles square of their southerly bounds to any towne or village y' hereafter may be erected thereabouts, if so they see cause. Cutshamache acknowledged this before y* magistrates, & so y" Co'te appveth thereof, & of the rest in this bill to be recorded, so as it j^udice no former graunt. Luther3 wid. In the case of y* widow Luther, it is agreed, y', y° m'chants being alowed so much as they have disbursed for y* redemption of her sonne, y^ widow shall have what shalbe behind upon account of her husbands wages, pvided this shalbe no ]p=sident in y" like case w'^'' may fall out hereafter, but that, upon cleare knowledge of y* sea custome & y" iustice thereof, y* Co''te may determine as they shall find to be agreeable to lawe & iustice. Jos : White. The Courte doth approve of y* puting forth of Joseph White to Sampson Shore, of Boston, taylor, for seaven yeares from y« 21"' 3'^ &, 1646, & at y* end of y' time to have double apparell, as in y® indenture in y* hand of W™ Parks. . Sarah Thorne. Sarah Thome, who is distracted at fsent, or crasy brained, is for ^sent placed w* Alexand"" Beck dureing y" pleasure of y* Co'te ; & hee is to have 5* p @ out of J" treasury while shee continueth w"" him. Pequod plant. Whereas John Winthrope, Junior, & oth" have, by alowance of this Co'te, begun a plantation in y° Pequod country, w""* apptaines to this iurisdic- [*137.] tion as pt *of o'^ pportion of y° conquered country, & whereas this Co''te is informed y' some Indians, who are now planted upon y* place where this said plantation is begun, are wiling to remove from their planting ground for y* more quiet & convenient settleing of y" English there, so that they may have anoth"^ convenient place appointed, — It is therefore ord'ed, y' y* said M' Winthrope may appoint unto such Indians as are willing to remove oth'' lands on y* oth' side, y' is, on y^ east side of y* great ryver of the Pequod country, or some other place for their convenient planting & subsistence, w**" may be to y« good likeing & due satis- faction of y* said Indians, & likewise to such of y* Pequod Indians as shall desire to live there, submiting themselues to y* English goverm', (reserving to y* coinission's of y* United Colonies what pply belongs to their disposing conc'ning y* said Pequods,) & also to set out y* place for y* said plantation, & to set out lots for such of y* English as are there already planted, or shall come to them, & to goveme y* people according to lawe, as occasion shall THE MASSACHUSETTS BAY m NEW ENGLAND. jqi require, untill this Co''t shall take further ord'' therein ; & whereas M'^ Thorn : 1 G 4 G. Peter is intended to inhabite in said plantation, """> f this Co'"te doth thinke fit to ioyne him to assist *^"^' y" said M' Winthrope, for y= better carriing on y'' worke ^^ of y" said plantation according to this ord''. The deputies haveing bene comfortably pvided for, and w"" due attend- HughGonison. ance, y° Co'^te hath voted, y' Hugh Gunnison shalbe paid w"' y" first, eith' out of y" custome of wines or y" wampam from y» Narragansets, when those bills w''' arc charged thereupon are satisfied, & y' his servants be alowed out of y° treasury 30^ for their service. It is also yt voted, y" servants of James Penn and helpes should have Seruants gra- 20sh^ *"''y«- 4"^ It is ord'-cd, y' y<= IF* of y'' month should be a day of thanksgiving. Day of thanks- ^"'""^c The Co'-tc is adiourned to y" first 4'" day of y^ 8"> A. AdioTiament. ISP Saltonstall tooke y" oath of an Assistant y° 17"^ 5* in, 46. M' SaitonstaU, Pincheon, The 15'" of the 6"' &, 1646, M' Pinchin tooke r oath. 7'^ 8"" *Jt a Session of the Gerfall Co% of the M". [*138.J 7 October. IT is ordered, that whatsoever appears due to the widow Wilson from the wid. wuson. countiy, with respect to her late husbands wages, {§, appearing und'' the hands of the Treasurer, shee shalbe forthw"" paid & satisfied by Rich : Fair- banks, as farr as that comes to, w"^"" he oweth the country for the custome of wines, & the rest by the Treasurer, so as she depart the prison house & qui- etly rcsigne it to the keeper. Whereas, being now met at this Gen''all Co''te, the S"' A, 1646, the Co'-tc officers to be ''^ ° '"'' hath found it necessary to send an agent into England to negotiate for this ^. colony w'^ the Parliament, from w'='' wee have lately suffered, for that there was none there to informe the same in our behalfe ; & whereas the Treasurer saith he hath not any thing of the countryes in his hands to furnish such an agent for such a voyage, nor to defray the charges of the Co''tes, nor pay the debts the country owes ; wee do conceive, that there is ungathered up of rates formerly asseased, & the fines heretofore imposed upon severall psons, suffi- cient to discharge a great part of the debts of the country, & that the cause of o"' ^sent wants lyes in the cunstablcs, marshall, audito"', or treasurer, in not doing ^eir duties therein, according to lawes for the same already pro- vided ; we do therefore desire, that all these officers may be ^sently called to account, & that where ever the fault is found, such psons may be pceeded against according to law, the rather because wee pceive a likelihood of ^sent VOL. II. 21 162 THE KECORDS OF THE COLONY OF 16 46. dissolution of Co'ts, & o'' owne rulne not long after to follow, if this be not (lone ; we have therefore chosen M' Hibbcns, Capt Keayne, & the surveyer 7 October. accountes, Comission for gen''all as a coiiiitte to examine the psons above mentioned, & their it. & make their report to the next siting of this Co'te on the 5"" of the 9"" month next. M' Cooke, Upon the petition of John Newton, the audit of the accounts between AUen. M' Samu : Cooke & M' Edw* Allen being pfected ready to be j^sented, the Co'te hath named the Secretary & INI' Willoughby (considering the necessity of the expedition of the case) a coinittee to heare & order the matter of this petition, w"" reference of the same to the iudgm' of this Co'te. 17* (w'='' is to Tho : Foster. Upon the petition of Thomas Foster, for 10", he saith due [*139.] him,) the Co''te thinke it iust that *this petition"^ should be spedily satisfied his due, & for that end have chosen M'' Pelham & Capt Keayne as a coinittee to examine the petition, & to certify this Co''t what they find to be due. Comittee for Our hono''ed GovV, Deputy Gov''n''j Rich : Bellingham, Esq", & M"^ Au- D' Child, &c, ditor Gen''all are appointed a coinittee to puse examine all the y' are petition, & & answ" about M' brought into tliis Co''te to y" petition of Docto'' Child & M' Fowle, {d, & out Winslowe. of all to draw up such an answ"^ thereto as they thinke most meete, & ^sent y^ same to this Co''te, & furth'' to treate w"^ M"^ Winslow, & to agree w"' him as an agent for us, to answer to what shalbe obiected against us in England, giveing engagement to y^ said M' Winslow accordingly. Comittee about Masf Treasurer, M' Audito' Gen'all, & M'' Sparhauke are appointed a M' Welds liie, coiiiittee &o. to examine all matt" of account mentioned & desired to be audited, by y^ letf of M"' Wells, w"^ M' Downing & any other whom such accounts may concerne, & w"" what convenient speede they may, & they are hereby authorished w"' power to suinon any inhabitant amongst us at their appointed times, to give in their accounts to them, y' so a true report of what they find in y" g'mises may be made to y* next session of this Co'te. Castle lid. It is ord'ed, y* forthw* warrants issue out of y' Co'te to y* cunstables of each of y* five combined townes, who ar ingaged about y" garrison at y° Castle, to sumon all y* inhabitants of each towne to meete togather, & forthw"" to ap- point some fro™ amongst themselues speedily & w'^out delay, to discharge those sev''all engagem'' of theirs, for y» maintenance of y* garrison for y^ yeare past, as also to pVide sufficient pay for y" discharging their engagem'^ there- abouts for y° time to come, & appoint some one or two men of each towne to be engaged therefore to y* satisfaction of y* souldi", y' so y* Castle^e not layd Small causes, wast aff all y^ charge. wh. a magist' Whereas there is no ord' made appointing who shall end causes in townes is a partye. 624- und"' y° value of 20' where one onely ma'™'° dwels, & y° cause conc'"nes him- THE MASSACHUSETTS BAY IN NEW ENGLAND. 163 self, it is therefore hereby ord^'ed, y' in y'' such cases 5 or 7 or more men in 1 6 4 G. w<=i' ' ev''y such towne, are selected for prudentiall affaires, shall have power to " <'^°^<'^- heare & determine such cases, & to grant execution for y« levying & gath'ing up such damages for y"= use of y" pson damnified. Whereas by a form'' ord'' y* defend' is to have sixe dayes warning by 625- '^^' pccs before y* time of his appearance, ^6, & no pvision made in y« said order ^ ^'^^ shall answ for suddaine occasions, w'^ may conc''ne strang''s or oth'^s, when there is not so Wout 6 day- '"""°°'^' much time before y<= next Co'te, nor can they stay till a Co't aff, it is there- fore ord''ed, y' in all such cases y clarke of y" writs (x warrant fro™ one of y« next ma'"*-% who is to -sveigh j" necessity of the case) may grant pees for y« defend'^ appearance at y° next Co''te, & the same Co''te may requhe y« defend' to answ"^, (if they see iust cause so to do,) though hee hath not had six dayes warning, as in the form"' ord'^ is appointed, & y^ clarke of y* writs is to men- tion in y° pees upon what ma''"'^ warrant hee granted y* same. Upon y* petition of y" sagam'' of Agawam, for lib^'ty for one of o' smiths Agaw" sach. to amend his gun, it is ord''ed, y' warrant shalbe granted. Nicholas Pott"^, being chosen by y*' to^vne of Linn to draw wine there, is Linne wine uc granted so to do. Upon y* petition of some of Hingham, y' Cap? Atherton may be appointed Hingham. •*'•'>"- y* next training day at Hingha", there to see their pceedings in their election, "'*' & accordingly to make report to y* next session of this Co'"t, this desire of theirs is consented to. Upon the petition of Cap? Jeanison, Rich: Browne, RoVt *Keayne, r*1401 EichVl Parker, Eld'' Heath, Leif? Hewes, John Johnson, & oth''s, for their Land to bee land, form''ly granted, between the lines of Dedham, Watertowne, & Sudberry, cap' Kcaync & others. M'^ Asplnwall & George Munings are appointed to lay out y" same. Maior Nehemiah Bourne, upon his petition, is abated 9* of y* 10* w"*" he Maior Bourne , _ __ . fine abated. und''tooke for M' Hadocks surgeon. Maior Nehemiah Bourne, upon his petition, is granted y* lent of one g peeccs of or- '''"' drake fr™ Dorchesf, one drake fro Roxberry, one drake & one sacre fro"» y ^^^""^ give in sufficient caution to this Castle, & 2 sacres fro Boston ; pvided he Co''te for y^ returne of y" & ev''y of y™, & plant y"", in as good condition, in 4"' place & carriages, in y* seVall places where now they be, by y" 10'" of y^ A next. There being fouiU a great disagreem' between y* two Indian witnesses, Eobt MiUer. in y* case of EoVt Miller, he bes weake & in danger to pish in prison this winf, y" Con tooke his owne band for his appearance to abide y^ tryall at y° Co'te of Assistants, in y« first A next. 164 THE RECOKDS OF THE COLONY OF 16 46. Upon examination & consid'ation of y« petition of M"' Gerish, the CCte indge it equall y' y° 100* debt & ov'prizall now appearing to the Co''te should 7 October. be taken out of whole estate of y^ intestate Johti Oliver, & that y^ daughter M' Gerish, -f about the es- shall have an equall moyety of y° remainder, vizj, of y" cattle & moveables, as tate of Jo : Oliuer. they are rated in y* inventory, or were, or shalbe improved upon sale, & of y« house & ground in kind, at the time appointed in y" former ord', or as it shall be soiild by ord"' from this Co"'te, in y* meane time, if this Co'"te shall at any time give order for the sale thereof. [Blank in original.] The Co'te is adiourned to y° 4"" day of the 9"" month next, at one of y« clock. [Pages 141 and 142 left blank.] [*143.] *jit a Session of the Gen'all Cole, 4'" ff" M", 1646. 4 November. M' Cooke, The account of M'^ Edward Allen is received & accepted, all but the 7* 4' Allen. mentioned for a selw"", w* is left till M"^ Aliens execute" can bring in what that selwith is, & that it is of such a value, before it be accepted as pt of the account. Mai' Bourne T^^" Coce haveing formerly granted Maior Nehemia Bourne the loane of cautiO for the 6 sixe great guns, as in the grant, giveing caution for their retumes ac- peeces, &e. cordingly, that his giveing sufficient caution, is referred to o' surveyor getfall, for their safe returning according to the said order. Wid. Howe, M." Margaret Howe & Nath : Tredaway are granted liVty to drawe two &c, for wine, w"*" they rec* for debt, cannot put in butts. &e. butts of wine, & of the Childrens suits The Co'te, und''standing there are severall suites, of the children belong- disposed. ing to the country, in the hands of M'' Glover, thinke it meete to iojTtie M' Treasurer w"' M'' Glover to appraise them, & then deliver them to Cap? Davenport, in pt of what the country stands indebted to him, for the Castle. 626- On the motion of the deputies of the towne of Linn, it is ordered, that Markett at there shalbe, once a week, a market kept there, on every third day of the Linne. weeke, being their lecture day. Hingha pet" Upon the petition of Stephen Gates, Franc Smith, John Winchester, John for remitinge Page, & John Beales, of Hingham, for 14' b''-, to be taken from each of them, of ones. because of their poverty, the Co^^te doth understand thaj^some of the petitioners are of good ability, & for the rest, if they be so pore, & it be certified by in- different men, if such psons will make open acknowledgm' of their offence, upon some lecture day, at Boston, they shall consent to the remiting of the fines of such pore psons. THE MASSACHUSETTS BAY IN NEW ENGLAND. icO It is ordered, that a letter be sent to Plimoth, & in it they not to be left 1 6 4 G. to pportlon their ownc cliarge ' in the negotiation, -but to bear tlieir iust ppor- ^ November. tion in so \-eiglity a busiaes. 4 ire to riim- And others letters to Coiiectecot & New Haven, to like effect. o""'. t" i"yne *It is ordered, Hampton should 5* be alowed out of y"= next country rate, Winslo've! so as they * *° '^°"^'=*^" make a sufficient carte & horse way ov' v" ffreat marsh sud- •' •' o 3 cott & New dainely. Hauen. [*144.] Mary Scarborow is granted liberty to sell y* house & land of her form-^ , , , . Hampton al- hus bands, .11, m regard y« estate will not be more then sufficient to bring up the lowed o» to- wards the high children ; pvided y« second husband give security to that end. Henry Adams is appointed clarke of the writs, & one of y" three men to *i="^y Scar- end small causes in Braintree, in j" roome of Peter Bracket. BrailTreo cUe °^ *^ ™"^' The order that no petition should be rec-^i aff y<= thi-ee first dayes of the * Courte is repealed. Order abt?" "'^' The petition of M" Dlnghara & .John Alcock is granted for y" division of P"'" y« houses 6c land, f to Jn° Alcock & ^ to bamuell, according to y^ divisio" estate diuided. made by Capt Joseph Weld, John Johnson, & Thorn : Lambe. It is ordered, : y' y° auditor gen'' shall examine Alex Becks account, & Alex : Bccke. talce ord'' for his speedy satisfaction. The Co''te, well v^'eighing y* good service pformed by Cap? RoVt Bridges Cap'Bridgeg in y' negotiation wherein this Co''te lately implied him, called him to, w"" y" & ^'^i^^^. ^^s^t ^i,,^ Marshall 40>. clang''s & losses y' were attending thereupon, thinke me' iiim fori pounds, as a small manifestation of their loveing acceptance - ms good service therein, & for y° charges he was necessitated to lay out for y" accompUshni' thereof, being hindered by y* many debts the country stands engaged for, fully to requite him ; as also in y* like mann'' we alow Leif? Walker four pounds, & S'^icant Marshall forty shillings. Whereas, it appeares by a note, und"' y' Treasurers hand, y' there is due M' Ri ; Salton- to Rich''d Saltonstall, Es^, nyne pound, pt of a debt due to S'' Eich : Salton- ^^ o^rdinanre^" stall for aiiiunition, ^6, & whereas he affirmes (w"'^ we beleeve) y* he disbursed ^°'' <> ^^lit- for y" country, a good time since, some oth'^ monyes, y" Co''te ord'^s bee shall have tenn pounds paid him, in a small peece of ordinance, (to be \'alued by y° survey'' gen'',) he rendrs y'= overplus (if any be) in ready mony. The Co"'te doth thankfully acknowledg y'' good service o'' honored Deputy M' Dudley gr^ ^°" Gov'"n'^ hath done in y"^ place of Gov'"n'^ the last yeare, & are not. a Uttle troubled ^^j °U^_ yt yc pi-essing & many urgent necessities & necessary charges of tliis colony are such as to intervene between his deserved merits & y= iust recompence \v°'» this Co-^te is used to alow ; but beleeving he is no less sensible of y« fmises then o'selues, we doubt not of his loveing acceptance of so slend"^ an acknowl- 166 THE KEC0RD3 OP THE COLONY OF 16 46. edgni', have thought meete to ord'' y' o'' honored Deputy Gov''n' shalbe alo'wed, out of y" next levy, y° sume of 60*. 4 November. Hedman ^ Rich : Redman is discharged, beS to pay a butt of sack for his ransome discharged. fro™ the Indians. [Part of this page is occupied by a duplicate record of part of page 144, evidently entered here by a mistake of the Secretary, caused by turning the book upside down.] Wonborns fine "Willi : Wenbourne, upon his petition, is abated his fine to 20°, he being abated. very pore, & of honest & good conversation oth'^wise, & y° y* first ofience. Dorch. sm. M"' John Glover, Capt Atherton, & Jn" "Wiswell to end small causes in caus*. Dorchest^. Comissio for The Cone hath granted comission to M'' Edw* Eawson to see people ioyne manages, in marriage in Newberry, durs the pleasure of the Co'te. Newbery. Waterto". M' Rich'd Browne is granted authority to see such ioyne in marriage as are published accords to order, in y* towne of Watertowne. Mil. oiBcers in Upon the motion of the towne of Charlestowne, M' Francis Norton is Ch. Towne. confirmed leif? of their comp% & Serieant Sprage ensigne. M' George Smith is alowed clarke of the writs, in the place of M' Walderne. Q'. M'' George Smith, Leif? Pomfret, & John Hall are appointed to end small causes for this yeare at ^ Walderns writ- M"^ George Smith & M' Edw^ Starbucke are appointed to survey the inges. writings w"^"* were in the custody of M"^ Walderne, & to give to every one what belongs to them, & such publike regisfs as belong to y^ Co''te of Pascataq,, or any pt of this iurisdiction, to reserve for furth'' order fro™ this Courte. [*145.] *Edward Goffe, the surveyer gen'"all, John Johnson, & Wil : Parks are Land to be appoLuted a comittee to treate w* M' Sparhauke, [or] any oth" whom they purchaced for the Indians, thinke fitt, about such peels of lands w"*" they, w"^ M"^ Sheopard, M'' Allen, & Wabon, &c. M' Eliot, shall conceive meete to purchase for y« incuragm' of y" Indians to live in an orderly way amongst us ; & y" said comittee have hereby full power to agree & compound w* y said M' Sparhauke or oth'^% as aforesaid, for such lands, & order them paym' out of y* treasury for the same, so as here- after y charge this purchase shall amount unto shalbe deducted out of y^ first gift y' shalbe brought over, as given for y« good of y* Indians ; & further, to set downe rules for their Im^ves & enioying thereof. Hingha sm. M' Bozoone Allen, Nicho : Baker, & Nicho : Jacobs aie appointed to end cans', small causes in Hingham. Clit. writtB. M' Bozoon Allen is appointed clarke of y* writts in Hingham. — THE MASSACHUSETTS BAY IN NEW ENGLAND. 167 Upon petition of "Willi y M^ : Tinge about -f two guns, y« Co^t doth 1 G 4 6. "~ ' conceive it is nieete y' execution should be suspended till y« point in law be '' ^°'''''"^'=''- * determined, yvi^, (taking it for granted y* -f two guns do ptaine to v" com- * •' M' Fcnwicks pany,) wheth'' are liable they to y action against -f Lord Brooks executors, 2 gunnes to be ' '^°'»''"se- yea or no ? If execution be served already, then y' they should be returned, kept in hands of y'' offic^ und'' custody & [y*] f of law, till -f cause be deter- mined, unles y" ^sent possessor of y™, W Fenwicks agent, or an oth"^ shall put in sufficient security to be responsall for y° said guns, or y^ value of y"', w"^ necessary charges y' may fall in y^ case untill y« cause shalbe issued at y" next Co'^te of Election ; y" security to be given to y' Secretary or to y* CoHe. jM' Edward Eawson have^ bene implied to signe & transcribe all bils y* M' Rawson aU. ™"*™s*' passe in a booke, yet, being senciblc of y great exp[en]ces & charge w* this ^l Co''te is at, & difficulty to raise sm[all] matt", not doubting of his being sen- ciblc w'''' us thereof, t[hink] meete in y' respect y' what was alowed him by us for one yeures service, vizj, twenty marks, shalbe all y' shalbe alow[ed] him, & paid him out of j-* next levy, for his service done & ^ he shall do to y° end of y' Co'te, conceivi^ it to be but iust in some measure to recompence labo" in y^ kind, w* we would not be too backward in. Leift Tory is chosen & alowed clarke of y° writs in Weymoth. Weymouth elk Leift Tory, John Whitman, & Thom : Dyer are chosen to end small „ causes in "Weymoth. In consid'^ation of y" hazardos estate of o'^ native country, & troubles Day of imjnii. thereof, y" sad estate of y church of Bermoda, & y* weighty cases in respect of o'" churches & coiiion wealth here, w''' reference to any y' seeke to und'^- mine y'= liberties of Gods people in eith'' or both, y^ Co''te hath appointed y« 24"" of y° 10"" A, being y" next 5"" day come three weeks, to be kept a day of publike humiliation. Dated y" first of y'* 10"^ A, 1646. *Thls Courte, being sensible of y' necessity & singuler use of good litera- [*146.] d~o- y" concernm' in y" coiiion wealth, as also ture in managinsr things of ogreatest J o o J o. For incomeig" . m i- pceiving y* fewnes of psons accomplished to such imploym'% especially for of icarninge. future times, have thought meete to j)pose to all & every o' reverend elders & brethren y' due cai-e be had from time to time to improve & exercise such students, especially in divinity, as, thi-ough y« good hand of God, may issue forth of y« coUedges, y' so, for want of imploym' or maintenance, they be not Younger stu- intents forced from us, & we left destitute of help that way ; to all w'^'' & ^-^^^^^ o^^^^^ bear y« *^'=- pui-poses ev''y church W^i^ hath but one officer, & can conveniently desired to charge of such schoUer, (w'^'' we hope most may do,) is hereby request a pore schoUer to be helpfuU to their offic'', y' so they may impve neede. their gifts, & y" church have some j»ofe of y" against times of 16b THE RECORDS OF THE COLONY OF 1G46. The towne of Boston is abated 3* of their fine of 6*. The Gen''all Co'"te, conceiving themselues bound by y° first oportunity to 4- "November, bear- witnes against y* haynos & crying sinn of man stealing, as also to ^scribe Boston fine abatud. such timely redresse for what is past, & such a law for y" future as may sufii- Tlie atoUne ne- ciently deterr all oth''s belonging to us to have to do in such vile most gro to be sent & home. odious courses, iustly abhored of all good & iust men, do order, y' j" negro interpreter, w"^ oth" unlawfully taken, be, by y* first oportunity, (at y* charge of y° country for ;psent,) sent to his native country of Ginny, & a letter w* him of y" indignation of y" Co''te thereabouts, & iustice hereof, desireing o"" hono'ed GovV would please to put this order in execution. 629- The Co'te, being informed y' some psons (more seeking their owne pri- Hides, &c, not vate advantage then y* good of y* publike) do intend to transport rawe hides, to be trans- ported. id, do hereby ord' & enact, y' no pson shall deliver a board any shipp or oth^ vessell, directly or indirectly, any rawe hide, or leather unwrought, w"" intent to have y^ same transported out of this iurisdiction, upon paine to forfeit y' same, or y* value thereof, & y' no masf of any shipp or vessell shall receive any rawe hide, or leath' unwrought, directly or indirectly, aboard his shipp or vessell, to be so transported, upon y* like pocnalty; this ord' to be forthw"' published at Boston & Charlestowne by seting up y* same upon y* meeting house dores, & upon y° maine mast of y* shipp now bound for England, & of oth' fehips hereafter, as occasion shall require ; oth'wise y* m'' shall not incurr y* pcenalty, except he be an inhabitant of this iurisdiction ; pvided, it shalbe at liberty for any pson, wheth' Strang'' or oth", to transport any hides or skins y' shalbe brought hith' fro" oth'' parts beyond y' seas, by way of marchandize. Case of Wan- The Co'te (haveing weighed y* case in question between M"' Abrah: ertons howse. Shurt & M' RoVt Saltonstall about M"^ Wann''tons house, as the question is stated & rep'"sented in a pap annexed^ath voted, that y= mortgage of M'' Eob^'t Saltonstall & M'' David Yale ough™o be jpfered before y" morgage of IP Shurte, dated 4"' 10* A, 1646. • Coinittee for The Co'te, being deeply sensible of y° earnest expectation of the country p'fectinge the in gen''all for this Co''ts compleating of a body of lawes for y° betf & more lawes. [*147.] ord''ly weilding aU y" afiaires of this coinon *wealth, wiling also to their utmost to answere their honest & harty desires therein, unexpectedly f>vented by multitude of oth'' pressing occasions, thinke fit & necessary y' this Co''te make choyce of two or t,hree of o' hono''ed magistrats, w"' as many of y= deputies, to puse, examine, compare, transcribe, correct, & compose in good order all y» liberties, lawes, & orders extant w"" us, & furth'' to puse & pfect all such oth'^s as are drawne up, & to ^sent such of them as they find neces- sary for us, as also to suggest what they deeme needfuU to be aded, as also to THE MASSACHUSETTS BAY IN NEW ENGLAND. IQQ consider contriue some good methode order, & & titles, & tables for compiling 1 6 4 G. ' y° whole, so as we may have ready recourse to any of them upon all occasions, ^""^ N"^^'^''^- •whereby we manifest o'^ * may utf^ disaffection to arbitrary goverm', & so all relations be safely & sweetly directed & pfected in all theii- iust rights & priviledges, desireing thereby to make way for printing o' lawes for more pub- like & pfitable use of us & o'' successo'^s. O' honored Gov^'n'', M' Bellingham, M' Hibbens, M"^ Hill, & M' Duncan, as a comittee for y« busines above men- tioned, or any three of them meeting, y« oth'^ haveing notice thereof, shalbe sufficient to carry on y« worke. Whereas information hath come to this Co't from div''se forrain parts of 630- insufficiency *° y= of o' pipe staves, in regard especially of wormeholes, whereby f^"^". ^^^^^ y comodity is like to be phibited in those pts, to y^ greate damage of y* coun- try, it is now ord'ed & enacted by authority of this Co't, y' y" select men of Boston & Charlestowne, & of all townes where pipe staves use to be shiped, shall forthw*, & so from time to time, as neede shall require, nominate two men of each towne skilfull in that commodity, & such as can attend that ser- vice, to be veiwers of pipestaves, who shalbe brought before some magistrate to be sworne diligently & faithfully to veiw & search all such pipestaves as are to be transported to any pts of Spain or Portingall, or w'^in eith"^ of their dominions, to be used for making of tyte caske ; & they shall throw by all such as they shall iudge not marchantable & sufficient for that use ; and they, or some one of them, shall at all times, upon request, give attendance thereto, & shall enter into a booke y° number of such marchantable pipestaves as they shall alow, & for whom ; & if any man shall put a board any shipp or oth' vessell any such pipestaves oth'' then shalbe so searched & alowed, to y* end to be transported to any pt belonging to Spaine or Portingall, except they should be shiped for dry caske, he shall forfeit y" same whole pcell, or y* value thereof; & y* said veiwers shalbe alowed 12* for every thousand of pipe staves w* they shall so search, (as well y* refuse as y* marchantable,) to be paid by him who sets them on worke ; & if any m' or oth^ officer of any ship or other vessell shall receive into such ship or vessell any pcell of pipestaves to bo transported into any of y* said dominions w* shall not be searched & alowed as marchantable, & so certified by a note und"^ y* hand of one of y° veiwers, *such master shall forfeite for every thousand of pipestaves so unduly [*148.] received five pound, except he shall pcure one of y° said veiw's to come this a board, & search such staves as they shalbe deliv^ed into y« shipp : order to be set up in some pubhke places in both y* said townes, vizj", y« meeting house dore & some post at y" most usuall wharfe, & so in oth' tovnes as afore- y' for y* transportation of cast staves, or said ; pvided, there be liberty left VOL. II. 22 iro THE EECORDS OF THE COLONY OF 1646. othF red oake staves, into those gts w'^ may be of good use for dry caske, ^fl, & y' there may be y* like office's chosen at Salem & Pascataq,, where staves i November. may be shiped away, as well as from Boston. 631- Whereas men do passe over y° comon ferries in great danger often times, Ferries to be passing''s of ordered for & y° ferrymen excuse y™selues by y" importunity of & want Baftje, &o. law to give them pow' to keepe due order, id, it is therefore hereby ordered, y* no pson shall presse or enter into any ferry boate contrary to y^ will of y* ferrymen, or of y* most of y" passing" before entered, upon paine of 10' for every such attempt, & y* every ferryman y' shall pmit & alow any pson to come into his boate against y® will of any of y' ma'™'' or deputies or any of y* eld" y° in such boate, or y* greater pt of y* passingers y° in y* boate, shall forfeite for every pson so admited or received against such will declared y° sume of 20' ; & it shalbe in y* pow"^ of any of y" ferrimen to keepe out or put out of his boate any pson y' shall enter into or stay in any such ferry boate contrary to this order : & it is further ordered, y' all psons shalbe received into such ferry boates according to their coming first or last, onely all publike psons, or such as go upon publike occasions, as phisitians, surgeons, & mid- wifs, & such as are sent for such, shalbe transported as such as were first. Wharfage. Orders to be observed by all such as shall bring any Goods unto the AVharfe. 632- 1. That all forralne goods" reckoned by y* tTznn or loade shall pay 4'' p tunn, except it be otherwise specified. 2. Fier wood shall pay 2* p tunn. 3. Stones 1* p tunn. 4. Timber 3'^ p tunn. 5. All cask goods, as fish oyle or y" like, of y" iurisdiction, shall pay 4* tun. 6. Pipe staves, 6'* p thousand. 7. Hay, 2"^ p loade. 8. Great cattle a 1* p head, shiping or landing. 9. Goates or swine shall pay ^'^ p heade, a farthing. 10. Corne, every bushell halfe a farthing, y' is, I"' a q''ter. 11. Fish, dfyed, shall pay i'^ p kin tall, & all goods not included in these to pay according to their pportions. 12. Y' what goods shall lye on y° wharfe above 48 houres shalbe ly- able to pay wharfige ag% & so to continue for ev'y 48 houres so long as they lye. 13. Y' woode, stones, & aU weighty goods shalbe landed & ord'ly set up on end, or layd 7 foote from -f side of y« wharfe, und"^ poenalty of double wharfige, & so all oth' goods likewise. & y° own^'s of wharfs, wheth'' at Boston or Charlestowne, are req^uired to — —1 THE MASSACHUSETTS BAY IN NEW ENGLAND. 171 attend to these rules for wharfige of sucli goods, this ord' to stand in force till 16 4 6. ^-^ y Co'te of Election in 1648. , - N°''^'"'''='^- *Whereas there appears some defect in y' * f= law made 2 : 9 A 33 in no ' .' • • • r*i49 pvision IS made for due recompence to y= marshall, in case where he shalbe r^L forced to travell for y" levying a small sume, it is now ordered, y' in every Marshalls, &c, such case where y" fees appointed for y" levying of any execution, ^^^^ ""^ •' or fine, or ^J, ., •^ " ' ' mile 6^ p' mil. 0th' for sume, publike use, will not answere y* travell, iQ, in regard of y* distance of place, y^ marshall, or oth' offic"', shall have pow'' in such case to demand 6'' y'= mile, & to levy y" same upon refusall, ^. It is ord'ed, y' wheate, barly, rye, pease, & Indian corne shalbe at f 634- same rate in their severall prizes for ^^™^' ^^^^''^ y« paym* of -f next country levy to come in, as they Avere in y<= paying in of y" last rate, conceiving y"= corne to be at as P'^y* ^°^ ^^^ , rate. ,t . . lowe rate as set a we may y™ at w*°out great imury to y« country ; & we ques- tion not but as mach more wheate wUbe paid in then will satisfy o' ingagem'' that way. The Govern"", M'' Tyng, Cap? Keayne, & y« auditor gen'all are appointed Comittee for a comittee to see to y" transcription of all such instrum'^ as are agreed upon, M'^Whiskme for furnishing M' "Winslow for o"^ affaires in England, y' they may be fairely & ord'ly written, & be ready to be deliv''ed to him before he go on board ; & Comittee for *°*^ t 3 is appointed* y*' ^ Edw* Rawson to ioyne w"' Secretary to veiwe -f acts of this 1 Co^e, & see them fairely transcribed according to the mind of the Co'te. Forasmuch as drunkennes is a vice to be abhored of all nations, especially 635- drunken", of those who hold out & pfess y" gospell of Christ Jesus, & seeing any stricf -^-S' law against y' sinn will not ^vaile, vnles y* cause be taken away, it is there- fore ordered by this Courte, 1. First, y' no marchant cowp, nor any oth'' pson whatsoever, shall after None to retayle y» first of y" first sell any wine und'' a caske, neith' by quart, day month qV ^^^^^ gallon, or any oth' measure, but onely to such tavernes as are Hcensed by y* Co'te to retaile wine, or any one whom y" Co'te may licence to sell p y« gal- 10* lon ; & whosoever shall transgress y= order shall pay to the treasury of y« country, to be levied by distres on his goods & chattels ; & where there is no estate found, such delinquent ag"' this ord' to be imprisoned diureing -f Co'ts pleasure. 2. Y' no tavern'' be licenced to sell wine, but shall first pay a fine to y° Vintners to pay a fine & treasury, & an yearly rent for his said license also. rent. 3. Y' y° cunstables have power fro™ time to time not onely to enter into ConsteUes *°^ according & serch y= tavernes, for any disord' y' may be y' found, to punish to ™owse*Tc. law, eith' y" tavern' y' sufi"reth misdemeno' in his house, or any oth' oflfend" there, as also to search any house suspected to sell wine contrary to y= ord', 172 THE KECORDS OF THE COLONY OP 16 46. also any tavern'', or oth' pson, y* shall informe against any transgreser of y" ord', shall have halfe of the fine for his incuragment, y= to be of force to y« 4 November. end of next Co't of Elections, no long"", except Co'te shall oth^'wise Inforfa to haue -f & -f halfe y" fine, ord'. till next Co". It is ord'ed & enacted, y* no pson or psons haveing licence to keepe a [150.] comon house of int'tainm' shaU. suffer any pson or psons *at unseasonable Victual!" not times to drinke or tipple in their houses, upon paine to forfeit for every fine to suS^ tip- linge. for each pson so tippleing five shillings ; & it is declared to be unseasonable 636- times any time after nyne of the clock. This law doth not intend, neverthe- les, to hinder y° intertainment of seafaring men, or land travellers in f night season, when they come first a shore, or from their iourney in such houses, for their necessary refreshm*, or when they prepare for their voyage, or iourny next day early, so y* there be no disorder amongst them ; & ev'y pson y* shalbe found so tippleing, he shall forfeit for ev''y such offence five shillings, & for default of paym' to be imprisoned till he shall pay it, or be set in y« stocks an houre or more, not exceeding 3, as y* season will pmit, on a market Nor other day ; nor shall any pson or psons sell strong water, wine, or beere, in their p'sons sell to to to drinke, as those y' licence to strangers, to be owne houses, any Strang' or neighbo"" have drunk in their keepe houses of comon intertainm' may do, upon paine to forfeit every time bowses. for each offence tenn shillings ; & if any such private pson be not able or be unwiling to pay his fine, y* cunstable, by warrant from the ma'™'% shall set such a pson in y* stocks an houre or more, not exceeding 3 houres, as y* season Nor retayle trill pmit ; nor shall any pson or psons, not licensed, sell wines by retayle, wines. w""" is intended any measure lesse y° a q'^ter caske, to any psons or families, Nor merchant, upon paine of forfeiting for every time so seling wine tenn shillings ; nor shall coupers, &c, any marchant, cowp, owner, keeper of wines, oth' y* y« suffer exces- or pson, hath gov''m* siue drinkinge, of them, suffer any pson or psons to diinke to exces, or drunkennes, in their &c. wine cellers, shipps, oth' vessels, or places where wines do lye, on paine to forfeit for each pson drinking to excesse or drunkennes tenn shillings : the How to be offences ag°' this law are to be hard & determined according to y® law made heard & deter- 13"^ 3"' mined. ag" drunkennes, the of y« A, 1645, by any one ma'"''<', who shaU here- by have pow', by warrant, to send for parties & witnes, & to examine y said witnesses upon oath, & y° pties w'^'out oath, concerning any offence ag" y^ Tkw, or y» said law of drunkennes ; & if any gty voluntarily confes his offence ag»' any breach of these lawes, his oath shalbe taken, & be a sufiicient witnes ag^' any oth' offending at same time poenalties Fcenolties, -f ; & y forfeited on this law to be how to be im- in such sort levyed & disposed as is appointed in y« said law ag*' ployed. drunkennes ; The 3 offence & be it further enacted, y' if any pson y' keepeth, or hereafter shall keepe, a of victuallers. comon house for intertainm', shalbe lawfully convicted y« third time for any THE MASSACHUSETTS BAY IN NEW ENGLAND. 173 offence ag^' any branch of law ag=' drunkennes, or this -f law, then ev'y pson 16 4 6. ' so convicted shall, for y« space of three yeares next ensuing y« said conviction, ' ^ No^'=°'^^'- be disabled to keepe any such house of coiiion intertainm', or sell beere, wine * or like, shalbe discharged for said -f & y offence, by warrant fro-" any one of One magisf "^^ ^^"^'''so y« magistrates, unles y" Comte shall see cause to continue them, at their dis- ' him, &c, p'uiso. cretion all ; & y' licenst j>sons shall annually pay to y« comon treasury, ppor- [Pa]m' for u- '^'^ tionably to y^ place where he lives, Gen-'all Co^te renuing y *annuaUy their coTt.''*" licenses on such meete fines as they shall determine; & men of good report & [*151.] ability to manage y® calling shalbe willing to take it : for y« ^sent, James Penn, Rich'd Fairbanks, & Hugh Gunnison are licenst for Boston, M' Long for Boston. '^^' Charlestowno, & M' Clarke for Salem ; each of these to pay 15* annum p ; & ^'J;^";,' whoev'' is now licenst in this iurisdictlon shall, by y" 10* of February next, S"^™- bring in, or send, und'' their hands, notice to y* audito'' gen^'all of their resolving Notice to the *'''^"°'' ^''' to continue their licenses for a yeare, to begin y« S"" day of March next, pay- ing to y* treasury for y* fine above named 15* a peece for y' yeare ; & in case Or others to be they bring not or send such notice to y° audito' by y* time appointed, it shalbe taken for granted y' they have no mind to continue their licenses ; & they are to take notice, y' they fte no way iniuried, if y* Q''ter CoHe put oth''s by the Q^Co'*. in their roomes on such conditions, w'^'' y* Co''te resolves to do, & so notice to be given to all oth"' licensed men in oth'' small townes to give in their resolu- other towneg tions to hold their licenses on such tearmes as is ^scribed by this Courte, vizj, * y* psons in such of those townes by y" yeare. Eoxberry, 2* Ipswich, ... 2* Newberry, 1* Dorchester, 1* Winnctsemet, . 3* Salsbeny, 0. lOsh' 3* Cambridge, Marble Head, . 2* Ilingham, 1. 10sh= Linn, . . 2* "Weymoth, 0. 16' That a due pportion may be had in all publike rates, it is ordered, y' 636- every male w*in this iurisdictlon, servant or oth"', of y* age of 16 yeares & P'^^g^^"^]^^' upward, shall pay yearly into y« coinon trea|py y* suine of 20^, & so in some poU. shall pportionable way for all estates, vizJ : y' all & ev'^y pson y' have estates y' laborer, pay one penny for ev''y 20^ estate, both for lands & goods ; (& ev'y artificer, & handicrafts man y' usually take in sumer time above 18'^ by y" day 18'' wages, or worke by greate, w"^'', by due valuation, amounts to more then 20" by y° day, shall pay p annu" 3^ 4*^ into the treasury, over & besides y* expressed, as smiths of before mentioned ;) & for all oth" not pticulerly herein all sorts, butchers, bakers, cooks, victuallers, iS, according to their returnes & incomings, to be rated pportionable to y" j)duce of y* estates of other men ,• pvided, y' such ,ps are^.pore, by sicknes, lamenes, or ,o.ther infirmity, (w'^'' 174 THE RECORDS OP THE COLONY OF 16 4 6. makes them uncapable of such rates,) are hereby exempted ; as also such '' ' s''vants & children as take no -wages, their mast" or parents shall pay for y" ; 4 Nov6iiib6r. but such as take shall y"selues, y* ord' for exemption of ma''*'^ j^^ ^ wages pay for ed for 600". for 500* estate io abide in force notw"'standing ; & hereby power is given to y° Treasurer for y' yeare being, by warrant to y* cunstable, in defect of paym', to attach psons, in case goods or lands cannot be found, & also to seize lands or goods for such rates, yet not to meddle w"» lands where sufficient estate of goods or chattels appeare. How estates For y" avoyding of all complaints by reason of unequal! rates, either of are to be rated. . . , , , n o i i? townes or psons, occasioned through y* want oi one gen'ali way & rule oi rateing through out y* country, & y' levies hereafter may be more easy, equall, & certeine, it is hereby ordered, y' in all publike rates (till this Co''te take further order therein) all sortes of cattle shalbe valued as hereafter is exprest, [*152.] "vizS • cowes of *four year ould & upward, 5*; heifers & steers betwixt 3 & 4 year ould, 4* ; heifers & steers between 2 & 3 year ould, fifty shill^^ ; & between 1 «& 2 year ould, 30' ; oxen 4 year ould & upward, 6* ; horses & 5* mares 4 year ould & upward, 7* ; 3 year ould, ; betwixt 2 & 3 year ould, 2* 3* ; yearlins, ; sheope above a year ould, 30sh' ; goates above a year ould, 8' ; swine above a year ould, 20sh' ; asses above a year ould, 2* ; houses, lands of all sorts, marchantable goods, mills, shipps, lesser vessels & boates, cranes, wharfes, togeth' w* all oth"^ visible estate, reall & psonall, y' any pson is possessed of, or hath in his custody, eith'' at sea or on shore, to be valued in ys severall townes according to their worth, in }'* said places where they are, pportionable to y' aforesaid prizes of cattle ; & it is y meaning of this order y' because arrable ground, medowe, & cattle are to be rated, y' therefore hay, together w"* all corne growing in y^ country, in y* husbandmans hand, shall not be lyable to any rate ; & for avoyding all partiality in rating lands & oth' Who shalbe estate not pticulerly prized in this ord', it is ordered, y' y' shalbe by ev'y towne the assessors. one of their inhabitants chosen by y" freemen of y^ said towne, who, w* y« select townes men shall take y° i^t numb' of their males, & also shall make a true valuation of all things rateable by this order, w* inhabitants aforesaid, for their severall townes respectively, shall meete at their sheire townes upon yo gth ^th ye (Jay of first month next ensuing, to examine y* truth & equity of each townes pceeding herein, who shall correct & determine as to the maior pt of them seems right & iust to be done, according to y" true intent of this order ; w*^*" asseasm" of y" severall townes they shall, und'' their hands, forth with deliv"" to y* Treasurer, who shall also forthw"' send forth his waiTants for leviing y* same w""ip one month, wherby he may have to answere y« engagem'^ of y° country ; & all asseasm'' for estates shall henceforth be made THE MASSACHUSETTS BAY IN NEW ENGLAND. 175 first 4"" day 6"' to y^ of f A, from time time ; but all levies for y« psons 16 4 6. ~' shalbe made & paid into y* treasury in y* first &, fro™ year to yeare, as is ''^ .,,.„,,„., 4 November. pvidea m y* ord"^ aioresaid. It is ord''ed, y' y* law made in y" 9"^ &, 1644, for y^ bringing sev'all 637— "^ ° psons of worth in y'' country to an ord''ly election, should be put in execution ^"^ for this year ensuing, save onely its desired y^ time may be changed for y" meeting at y^ sheire townes from y" last S"* day of y' last & to y° 2"^ 4"" day of y*-' first A, & so till y' last third day of y* first month. It is ord''ed, y' y* auditor & sm-veyer shall pvide a safe place for y« coun- stock of powd' . bestowed. tryes powder.1 It is ord^^ed, y' 20° shalbe given to servants of James Penn, for their paines this Courte. Gratuitycs to scniants. It is ord''ed, y' 20' shalbe given to y* servants of Hugh Gunnison, for their paines this Courte. Since Evidence so disposeth as y' y° Co'te cannot close in one about y^ M' Winsiowe 3iloW6 pty ppounded to be ioyned in coinission w''' M'' "Winslow, & cannot thinke of any oth"" man so as they can thinke meete to imploy therein, (o'' ma'™'' y' go refusing,) they desire M' AVinslow may help himselfe by y° best counsell of o' freinds as he can, & y' o' hono'^ed ma''^'' would impve their best interest ires piiu' to • • •• him, . , be sent by , T r 1 n « n y' way, by letfs to their iremds ; & y° we question not y^ well earning an end of y* busines by o'' agent, as it is or may be managed by o'^selues. It is ord''ed, y' a coppy of y" petition of Docto'' Child, {6, & o' charge & Copies of the their answere, o'' sentence thereupon, & declaration of y° Co'ts apfhension of ' their petition, ^<3, be deliv^ed to M"' Winslow to "make use of in England, as [*153.] occasion may require. It is ord'ed, y' such monyes as have bene borrowed of div''se men by y' Repaym' of }'* first of 2^ ifi next, in mony, beav"', Co'te are to be, & shalbe, repaid y", by y* ^"'whisia. or wheate at 3. 8'^ p bushell, & w^'all, y' y^ Treasurer may engage himselfe for satisfaction accordingly. Upon consid''ation of y" petition exhibited to y' Cone by y^ inhabitants of 638- Dover & Strawberry Banke, & y" grant made by y= assignes of y>= lords & P"**" l^:^^^^^ gentlemen, patentees there, & y* agreement made between this Co^e & y* said inhabitants, it is ord-'ed, y' y" Co^e will (upon y^ first oportunity) confer w"* M"' "Whiting & oth'' of y° said assignes about reasonable accomodation to be alowed to y" said inhabitants ; & if y^ said assignes will not accord w"' us therein, y= Co'te wiU resigne whatsoev' y* said assignes have granted to us, & will hold o''selues discharged of any engagem' thereupon ; for w° they granted us y'' gov''m' of the peoijle, it was intended y" people must have sufiicient land to live upon, oth^'wise y can be no people, & consequently no goverm', & so Whiting, or y« grant voyde ; & y' a coppy of this order shalbe sent to M' 1Y6 THE RECOEDS OF THE COLONY OF 16 4 6. some other of y* assignes, to y® end y' they may be at y^ next Gen'all Co''te, 3"" in J" ifi, to give in their resolution herein. i November. As for y* oth' pt of their petition, concerning freedome fro™ being implead- ed in oth"" Co'ts of this iurisdiction, this Co''te doth declare y' y* said inhab- itants (even by their owne agreement) are bound to y*' gen'all lawes & ord™ of y° iurisdiction, in y' point, as Salem & Ipswich are ; nev^theles, y* Co''te being sensible of y* great burthen w* may fall upon j" inhabitants of y* said ryver, if they shalbe forced (upon small occasions) to travell to Boston, or oth' Co'^ts farr of, it is therefore ordered, y* none of y* said inhabitants shalbe com- pelled, upon any originall {)ces, to travell out of y* limits of Norfolke to an- sere in any civill action for any cause whereof y® originall debt or damage shall not truely exceede 100*, nor shall any of y* said inhabitants have liberty to call any pson out of any otli"" limits, to answere in any like action, in any y' if any 639- Cc^e to be holden in Norfolke, und' y° same value ; pvided alwayes, pson shalbe attached, to answere, fd, such pson shalbe boTind to answere, id, in y* Co^te of y' limits where such pson shalbe so attached. Tho : Foster. Thomas Foster is, by ord' of Co''te, referred to M' Auditor, to have a bill for his due, according to y® computation of 30* p @, for y* time he served till dismissed. M' Dunster to The Co'te hath voted M' Dunster 100*, to be paid him out of y« next be p4 100". country rate in pt of his debt, besides y^ 18* due to M' Sheopard, w'''' M' Auditor sales care is taken for satisfaction of. Comittee in The Secretary, M'^ Audito' Gen'', Cap? Atherton, & M' Sparhauk are ap- the case of pointed a coinittee to examine witnesses & draw up y* case about Cap? Smith Smith & Key- Bur. & M' Kezar kiling, steahng, & wronging of y" negers, id. Against Blasphemy of y" Name of God. 640— Albeit faith be not wrought by y° sword, but by y' word, & therefore *such pagan Indians as have submited y™selues to o'' gov''m', though we would f* 154.1 not neglect any due helps to bring y™ on to grace, & to y* meanes of it, yet we compell y™ not to j" Christian faith, nor to y* pfession of it, eith' by force of armes or by poenall laws ; nevertheles, seing y° blaspheming of y° true God cannot be excused by any ignorance or infirmity of humane nature, y" eternall pow'' & Godhead being knowne by y* Hght of nature & y® creation of y^ world, & comon reason requireth every state & society of men to be more carefuU of Renting y° dishono'' & contempt of y* most high God (in whom we all consist) y° of any mortall princes & magistrates, it is therefore ord''ed & decreed, by y^ Co'te, for y« hono'' of y° eternall God, whom onely we wor- ship & serve, y' no pson w"'in y* iurisdiction, wheth' Christian or pagan, shall wittingly & willingly g>sume to blaspheme his holy name, eith' by wilfull or THE MASSACHUSETTS BAY IN NEW ENGLAND. 177 obstinate deniing y'^- true God, or his creation or goverm* of y^ world, or shall 1 G 4 G. ^ curse God, or repach y" holy religion of God, as if it were but a politick device ' ' 4 I'Tovcmbcr.' to keepe ignorant men in awe, nor shall utf any other eminent kind of bias- ,,, , ^ o » J Blasphcmyc by Indian or phemy, of y" like nature & degree ; if any pson or psons whatsoever, w^'in o"" other, capitiiU. iurisdiction, shall break this lawe they shalbe put to death. It is ordered & decreed by tliis Co'^t, y* no Indian shall at any time paw- G41— Indian paw- r ^ 1- i./»i 1 T-n' ^ waw, or piornie outAvard worship to their false gods, or to y" deviil, m any pt ^„vo. of 0'' iurisdiction, wheth" they be such as dwell here, or shall come hith"'. If P'curcr, abet- tors, &D, fine, any shall transgres this law, y" pawwaw'' to pay 5*, y" pcurer 5*, & every assistant coimtenancing, by his ^sence or otherwise, (being of age of discretion,) 20sh'. Though no humane pow' be Lord ov' y" faith & consciences of men, & 642— Notorious & therefore may not constralne y™ to beleeve or pfes ag^' their conscience. •' •' ar o ' obstinate hero yet because such as bring in damnable heresies, tending to y" subversion of tics fined, y'* Christian faith, & destruction of y'' soules of men, ought duely to be re- strained fro" such notorious impiety, it is therefore ordered & decreed by y' Co''te, y' if any Christian w'^'in this iurisdiction shall go about to subvert & destroy y" Cluistian faith & religion, by broaching or maintaining any damna- ble heresy, as deniing y* iinortallty of y" soule, or y* resurrection of y* body, or any sinn to be repented of in y^ regen^ate, or any evill done by y* outward man to be accounted sinn, or deniing y' Chi-lst gave himselfe a ransome for o' sinns, or y' we are iustified by his death & rlghteousnes, but by y" pfection of o' owne works, or deniing y*' morallity of y' 4"» comandem', or any oth' heresy of such nature & degree, ev'y such pson continuing obstinate therein, after due meanes of conviction, shall pay to y" coinon treasury during y" first six months 30' a month, & for y" next six months 40" p ifi, & so to continue to dureing his obstinacy ; & if any such pson shall endeav"" to seduce others y^ Seducers. like heresy & apostacy from y" faith & religion of o'' Lord Jesus Christ, he shall forfeit to y* coinon treasuiy, for every severall offence therein, five pounds. •Forasmuch as in these countryes, where y^ churches of Christ are seated, [*155.] y« psplty of y" civill state is much advanced & blessed of God, when y" ordi- 643- nanccs of true religion & publike worship of God do find free passage in purity & peace, therefore, though we do not iudge it meete to compell any to enter into y" fellowship of y° church, nor force y" to ptake in y« ordinances yet, peculiar to y" church, (w<='' do require volentary sublectlon thereunto,) of people, as seeing y' y" word is of generall & comon behoofe to all sorts being y^ ordinary meanes to subdue y" harts of hearers not onely to y= faith, & obedience to y" Lord Jesus, but also to civill obedience, & allegiance unto magistracy, &, to iust & honest conversation towards all men, — VOL. n. S3 178 THE EECOEDS OF THE COLONY OF 16 4 6. It is therefore ord'ed & decreed, y' wheresoev'' y° ministery of y^ word is established according to y" ord"' of y° gospell throughout y' iurisdiction, 4 November. ev'^y pson shall resort attend thereunto respectively, upon y" Lords Absence from duely & puW assern- dayes, & upon such publike fasts dayes & dayes of thanksgiving as are to be blyes, &c, after due meanes of genially held by y' appointm' of authority ; & if any pson w^Hn y' iurisdic- conuictiO. tion shall, w^'out iust & necessary cause, w^'draw him selfe fro'" hearing y° Fine, 6'. publike ministery of y* word, after due meanes of conviction used, he shall forfeite for his absence fro™ ev"'y such publike meeting 5sh'. 644- It is ord''ed & decreed by y' Co''te, y' if any pson, wheth' in churchfel- Disturbers of lowship or out of it, shall go about to destroy or disturbe the ord"^ of y° churches, (S:c, ~ duly conuict. churches established in y' country, by open renouncing their church estate, or Fiue, 4rO" pe their ministery, or oth'' ordinances dispenced in y"", eith^ upon ^tence y' y* month. churches were not planted by any new apostles, or y' ordinances are for car- nall Christians, or babes in Christ, & not for spirituall or illuminated psons, or upon any oth' such like groundles conceite, ev'y such pson who shalbe found culpable herein, after due meanes of conviction, shall forfeit to the pub- like treasury 40sh' for ev^'y month, so long as he continues in his obstinacy. 645- It is ord^^ed & decreed, y' if any pson w*Mn this iurisdiction shall sweare Vaine swear- rashly & vainely, eitli' by y* holy name of God, or any oth' oath, he shall inge. Fine, lO'. forfeite to y' coinon treasifty, for ev'y such sev^'al offence, 10' ; & it shalbe in One magist", y* pow' of any ma*™'* to call such pson before hira by warrant to y= cunstable, & upon sufficient j>ofe, to pass sentence, & levy y* said poenalty, according to y° usual ord' of iustice ; & if such pson be not able, or shall utterly refuse or stocks. to pay y* foresaid fine, he shalbe comitted to y" stocks, there to continue not exceeding 3 houres, & not lesse y° one houre. 646- Consid''ing y* one end in planting these pts w#s to ppagate y" true reli- Indians to be gion unto y« Indians, & y' divers of y" are become sublects to y" English, & instructed in o' lawes & in re- have engaged themselues to be willing & ready to und''stand y« law of God, it ligion. is therefore ord^^ed & decreed, y' y" necessary & holesome lawes w"'' may be made to reduce y™ to civility of life shalbe once in y* yeare (if y" times be safe) made knowne to y™ by such fit psons as y* Co'te shall nominate, have- ing y* help of some able interpreter w"" y™. Consid''ing, also, y' inter^ta- tion of tongues is an appoinm' of God for |)pagating y« truth, & may there- fore have a blessed succease in y* harts of oth"^ in due season, it is therefore [*156.] furth' ordered & decreed, y' two minist" *shalbe chosen by y* eld" of y° churches ev'y yeare, at y' Co''t of Election, & so to be sent, w* y* consent of their churches, (w"^ whomsoev' will freely ofifer y™selues to accompany y" in y' service,) to make knowne y heavenly counsell of God among y* Indians in most familiar mantf, by y help of some able interpret', as may be most THE MASSACHUSETTS BAY IN NEW ENGLAND. 179 avaylable to bring y" to y* knowledge of y^ truth, & their conversion to Jesus 16 4 6. Christ ; & for y' end, y' some thing may be alowed y™ by y* Gen^'all Co'^te to 4 November. give away freely unto those Indians whom they shall pceive most willing & Some incour- ready to be instructed by y™. ^S™*' Forasmuch as y* open contempt of Gods word & messeng'^^ therof is y« 647- E'^P^oachinge desolating sinn of civill states & churches, & y' y^ preachins; of y* word by ° ' J r o J J •> the worde, or those whom God doth send is y* cheife ordinary meanes ordained of God for the min'a y' converting, cdifiing, & saving y° soules of y^ elect, through y'^ ^sence & pow'^ of y'' Holy Ghoast thereunto jimised, & y" minisfy of y° word is set up by God in his churches, for those holy ends, & according to y'' respect & con- tempt of y° same, & of those whom God hath set a pt for his owne worke & implim', y" weale or woe of all Christian estates is much furthered & jimoted, it is therefore ord''ed & decreed, y' if any Christian, so called, w"'in y* iuris- diction, shall contemptuously behave himselfe towai'd y® word preached, or y" messeng''^ thereof called to dispence y* same in any congregation, when he doth faithfully execute his service & office therein, according to y° will & word of God, eith"" by interrupting him in his ^aching, or by charging him falsely w"" any error w'''' he hath not taught, (in y° open face of y* church,) or, like a sonn of Corah, cast upon his true doctrine or himselfe any reproach, to y* dishono'' of y^ Lord Jesus, who hath sent him, & to y" dispagm' of y* his holy ordinance, & making Gods wayes contemptible & ridicules, y* ev''y such for y* first scan- l. Reprouedby pson or psons (whatsoev"' censure -f church may passe) shaU dole be convented, & repved openly by y' ma'™", at some lecture, & bound to forth into y« like con- 2 Off. 5», or their good behavior : & if a second time they breake ° ' stand vpon a temptuous carriages, either to pay 5* to y" publike treasury, or to stand two block, &c. houres openly upon a blo(jjpt foote high, on a lecture day, w"" a pap fixed on his breast, w'^ this, A WANTON GOSPELLEK, written in capitall letf^s, y' oth'^s may fear & be ashamed of breaking out into the like -ivickednes. und'- 648- If any cliild or children, above 16 yeares ould, & of sufiacient Cursingo or , 1. shalbe1, lu standing, shall curse or smite their naturall fath' or mother, he or shee ^^^^^^^^ p^. bene very ets capitall. put to death, unles it can be sufficiently testified y' y" parents have P'uiso. unchristianly neghgent in their education of such childi'en, or so pvoked them, to ^serve by extreame & cruell correction, y' they have bene forced thereunto themselues fro™ death or mayming. yeares un- 649- If a man have a stubborne or rebellious sonne, of sufficient & j, , . Incorrigible y"= voyce ot his d'standing, vizj, 16, w=^ will not obey y* vojce of his fath' or g^,^„g unto y", y" shall CapitaU. moth'-, & y' when they have chastened him will not harken him, bring him to his fath' & moth', being his naturall parents, lay hold on & y' ye jaa^*^ assembled in Co'te, & testify unto y°, by sufficient evidence, y' 180 THE RECOKDS OF THE COLONY OF 1G4 6. their sonn is stubborne & rebellious, & will not obey their voyce & chasticem', but lives in sundiy notorious crimes, such a sonne shalbe put to death. 4 November. *If any shall wittingly bui-ne, or oth^wise destroy, any frame timb' hewed, [*157.] 650- heaps or stacks of woode, coales, corne, hay, strawe, hemp, or flax, he shall Burnige restore double damage to y" own"^. frames, wood, 10"' first coale, come, Whosoev"^ shall kindle any fires in y« woods, before y« day of y° haye, &c, dou- &., or after y* last day of y* 2"" &, or on y® last day of the weeke, or Lords ble damag*. 651- day, shall pay all damages y' any pson shall loose thereby, & halfe so much to Kindlinge fires y" comon treasury. in wuds, &c. servants workmen, imbeziling y" goods of their masters, or such as 652- All & Seruants im- set y™ on worke, shall make restitution, & be as lyable to all lawes & posnal- beselinge, &c. ijes in y' behalfe as oth'' men. 653- It is ord'"ed by y' Co'te, y' if any pson shall, at any time, play or game Playing for for any money or mony worth, every such pson shall forfeite treble y"^ value mony, &o. of y' so played or gamed for to y* coinon treasury, halfe to y' pty informing thereof. 654- It is ord'ed by this Co'^te, y' if any pson shalbe taken or known to rob Bobbing orch^, fruit trees, lin- any orchard or garden, y' shall hurt or steale away any grafts, or fruite trees, nen, &c ; wood, fruites, any linnen, wollen, or any oth'' goods y' shalbe left out, in orchards, Sic, 3"" dam- ages. gardens, backsides, or any oth'^ place, in house or feilds, or shall steale any Childr" or ser- wood from y* water side, fro™ mens dores or yards, he shall forfeite treble u*» whipped. damage to y"' own'^ thereof ; & if they be children or servants y' shall trespas herein, if their parents or mast" will not pay y^ poenalty before ex;g>ssed, they shalbe openly whiped. Prudentlall Lawes. ^ 655- Ev'y towneship, or such as are deputed to ord' y* prudentials thereof, Idle p'sons. shall have pow' to fsent to y® QV Co'te all idle & unpfitable psons, & all children, who are not diligently implied by their parents, w* Co'^te shall have pow' to dispose of them, for their owne welfare & impvem' of y'' coinon good. 656- Tile earth, to make sale ware, shalbe diged before y^ first of y* 9* Si, & Tyle earth. turned over in y° last or first A ensuing, a month before it be wrought ; & who- soever breaks this order shall forfeite, to y° use of y^ coinon treasury, halfe such tile as shalbe oth^'wise made. 657- Because y' harvest of hay, corne, flax, & hemp comes usually so ncare Artificers, &c, togeth"^ y' much losse can hardly be avoyded, it is ordered & ^decreed by y' to worke in haiuest, &c. CoHe, y' y'^ cunstable of ev^'y towne, upon request made to y™, shall require artific" or handicrafts men, meete to labo', to worke by y° day for their neigh- THE MASSACHUSETTS BAY IN NEW ENGLAND. 181 bo's needing in reaping, y", momng, & ining thereof, & y' those whom they 1 G 4 6. help shall duely pay y" for their worke, & if any pson so required shall refuse, i November or y" cunstable neglect his office herein, they shall each of y"" pay to y'' use of y" pore of y" towne double so much as such a dayes worke comes unto ; ^vided no artificer, ^3, shalbe compeled to worke for oth" whiles he is neces- sarily attending on like busines of his owne. Every baker shall have a distinct marke for his bread, & keepe y" true 658- assises, as hereaff is °^ exf>ssed, viz^ : w" wheate is ordinarely sould at their ^^''^f sev'all rates, y" penny white loafe by avordepois weight shall weigh, when wheate is at 3sh' y^ bushell. y* white, . llii wheaten, . n^g household. 23 i at . w° U% lOi Avheaten, . 15-i household. 30i W i% . . 9i wheaten. . 14 household. 18^ w" 4^", . . wheaten, 8i • llf household, 16i w° 5, . . 7f wheaten, . 11^ household. 15^ "when wheate is 5^^ bush, . w', T| wheaten, 10;^i household, 14 § [*158.] when 6 6 10 13 when 6^^ 6 09i ms und'^ y* pcEnalty of forfeiting all such bread as shall not be of y* sev^'all weights as is above mentioned to y* use of y' poore. Willi : Parks & Willi : Cierkes of tho Stitson are appointed clarks of y* market, & authorished hereby to see to y' execution & pformance of this order. It is ord'ed by y* Co'te, y' where wood is brought to any towne or house 659- ""^^^ ° by boate, it shalbe thus accounted & assised : 4 tunn shalbe accounted 3 loads ; •' ' woode. 12 tunn, 9 loads j 20 tuni^ 15 loade ; 6 tunn, 4^ loads ; 14 tunn, 10^ loade 24 tunn, 18 load ; 8 tunn, 6 loade ; 16 tunn, 12 loade ; 28 tunn, 21 loade 10 tunn, 1i loade ; 18 tunn, 13^- loade ; 30 tunn, 22^ loade. Juditiall Pceedings. If any pson shall wittingly forge any deede or conveyance, testam', bond, 660— ^'o'^gerye. bill, release, acquittance, letf of atturny, or any writing, to pv''t equity & ius- tice, he shall stand in y^ pillery three sev'all lectm-e dayes, & rend' double • damage to y^ pty wronged, & disabled to give any evidence or verdict to any Co'te or magistrates. If any man shall uniustly, of meere malice, comence or psecute any 661- ^^^t^o^^ action, suite, complaint, or inditem*, in his owne name or in y« name of others, * to y* vexation of any pson, he shall pay treble damage to y* pty greived, & be fined 40sh° to y* coraon treasury. 182 THE RECORDS OP THE COLONY OP 16 4G. Keepers of coition prisons shall receive all prisoners brought to them by .f—^ warrant fro™ any ma'™" w"^out takeing any fees of y« pties y' bring y", und' 4 November. y" posnalty of 5* for ev'^y offence. 662- Keepers of If any pson shalbe indited of any capitall crime, who is not then in prisons. durance, shall refuse to rend' his pson to some raa'™'^ w^'in one month after 663- three pclamations publikely made in y^ towne where hee usually abides, there P'clam, ag* p'sons endited being a month betwixt pclamation & pclamation, his lands & goods shall be for capii off. seized to y* use of coinon treasury till he makes his lawfuU appearance ; & Estate seised. y such w"'drawing of himselfe shall stand in stead of one witnes to pve his cryme, unles he can make it appeare to y^ Co'^te y' he was necessarily hin- dered from such appearance. 664- If any officer or other shall refuse to do their best endeavo' in raising & Hui & crye. psecuting hue & cryes by foote, &, if neede be, by horse, after such as have comitted capitall crymes, they shall forfeite, for ev''y offence, tory' comon treasury, forty shillings, such hues & ciyes as be alowable by lawe. 665- Such malefactors as are comitted to any comon prison shalbe conveyed Conueyingo thith'' at their owne charge, if they be able ; oth''wise, at y* charge of y® malefactors to prison. country. 666- "Where no heire or owner of houses, lands, tenem'*, goods, or chattels Where no own- can be foimd, they shalbe seized to y^ publike treasury, till such heires or er of lande or goods appeares. owners shall make due clayme thereto, to whom they shalbe restored upon iust & reasonable tearmes. M' Wardes Upon M' Wardes petition about y* tenn pound demanded by him, 'f pet". busines is refered to M' Bellingham & M' Audito' Gen"', who are appointed a comittee to heare & end y* difference between M"' Ward & M' Saltonstall, executor of M'' Dilhngham. Constab. of „ Loreing is chosen cunstable of Hull for y* yeare, & untill newe be Hull. chosen in his roome ; & he is, w* y* first *oportunity, to repaire to some [*159.] ma''*** to take his oath ; & y° people there inhabiting, & all oth", who shall resort thither, are to be subiect to this authority coiiiitted to him, & to give him due assistance in his office w'^ they shalbe required. 666- The Co'te, haveing consid'ed y" controv'sy between y° iurisdiction of Sprij^feild. Hartford, upon Coiiectecot, & -f inhabitants of Springfeild, upon y° same ryver, touching eith'' y« purchase of y" forts at y« ryv's mouth, or y* paym' of such custome as is or shalbe imposed upon y° toward y* maintenance of y® same, doth declare its iudgm' as followeth : — yo 1. They conceive y' iurisdiction of Hartford, upon Conectecot, have not a legaU pow' to force any inhabitant of anoth' iurisdiction to purchase any fort or oth"' lands out of y* iurisdiction without their consent. : THE MASSACHUSETTS BAY IN NEW ENGLAND. 183 2. They conceive y' it were iniurious to require custome to y" maintain- 16 4 6. ' ' ing of such a fort, -w'^ is not usefull to such of w" it is demanded. ^ 3. They thiuke it very unequall for y"" to impose a custome upon their freinds & confederates, who have not more benefit of y* ryver, by exporting & importing of goods, y° Strang" of anoth' nation, who (though they live W^'in Hartford iurisdiction) pay none. 4. The ppounding & standing upon an imposition of custome to be paid to y* riv's mouth, by such as were or are w^'in o' iurisdiction, hind''ed o' confed'ation above tenn yeares, & there was nev' any paid to this day, & now to impose it upon any of o" aff o' confed'ation will put us to new thoughts. 5. It seems to us very hard, y' any of o' iurisdiction should be forced to such a bondage as will necessarily inthraule their posterity, by imposeing such rates & customes as will either constraine y"* to dept their habitations, or weaken their estates, especially w° as they w"" y' first tooke possession of y* ryver, & were at great charge of building, {d, w* if they had foreseene would not there have planted. 6. If Hartford iurisdiction shall make use of their power over any of o", we conceive we have y^ same pow'' to imitate y" in y like kind, w^*" we desire may bo forborne on both sides. The Courte doth conceive, y' if this Co'te doth not confirm y* will of y" Mary Beniami. said Mary Beniamin, she not being of age, (w'='' it seeth no equity for in this case,) y' y^ administration of y*" estate of y« said Mary should be granted to Abigaile Beniamin, f moth' of ye said Mary, for bringing up the yong' chil- dren, & y° y" estate to be divided by 5 commission's, to be appointed by this Co'te, who shall make returne thereof to y* next Co'te. Forasmuch as it is informed to this Co'te y' Addis did und'take for y" Barnes her pe- fine of five pounds, against advice w* was to punish Barnes corporally, it is fro™ husband, thought fit y' if Addis pay y fine, he shall seeke his remedy f so as he take nothing fro'" y" wife, y^ petition', w""^ *she hath for the mainte- [*I60.] nance of her selfe & two small children, nor detaine any thing due to her* about The- Theophiius Upon y* petition of M' John Cotton & M' Thom : Cobbet, y' Benia Keayne is ophilus Skeppar : Whereas it appeares unto this Co't M' : payable to y* said Theophi indebted unto Theo : Skeppar in y« sume of 51*, his deede at y« age of 21 yeares, for W* paym' y« said M' Keayne hath also by Keayne hath bound ov' Iris farme at Linn, since w"'' it also appeth y said M' discharge of his debts, made ov' all his estate to his wife & to his fath', for y° his guardians desire security {&, but, y" said Theophi : being an oi^han, -f hereby should not be alt'ed, y' Corte, well weighing y" ftaises, have ord'ed, & or any way disposed do ord"', y* y^ said farme in Linn shall not be allienated ; 184 THE RECORDS OF THE COLONY OF 16 4 6. by y« wife or fath"^ of M' Benia: Keayne, but shall remaine engaged for se curing y* 51* to y° said orphan, at y* age of 21 yeares, as is pvided in y* deede 4 November. above mentioned, any act or thing to y" contrary notw"'standing. Eeparation of The Co'te hath appointed 10* to be paid out of y" next country rate to- the prison. - i^ n . » o i wards y* most neediull reparations of y* prison & y* keeps house. Jo : Webster Upon y" petition of Mary, y* widow of John Webster, y' her eldest sonne, his estate. _ . John W ebsf, should have y° land called y* farme, w"^*" lyeth between M"" Rog''s oxe pasture & Thorn : Bishops farme, consisting of about 32 acres, w" he comes to y* age of 21 yeares, onely binding him to pay Nathan, y* yongest 4"^ child, 5*, at y* age of 14 years ; or if he refuse to pay 5*, y° y^ pt of y' land in kind, or y* worth That Mary, Stephen, & Hannah may have y" iland bought of y* widow Androws between y™ in equall pportions, w° they shall come to the age of 21 years; That Elisabeth, Abigail, & Israeli, to have each of y" 20 nobles at y® age of 21 years ; y^ dweling house & 6 acres of land tied to make it good. It is conceived meete y' y° estate of John Webstar, deceased, be ord''ed according to y** widows desire, before ex^ssed, & y' y* widow should have pow' to adminisf, & y' for y* due pformance of y^ betrust shee should put in her owne band for security to such a sume as Ipswich Co''t next shall approve, & receive of her y* inventory, amount^ to 147* 5sh'. M' Sewell. Upon y* petition of Stephen Duiner, M"^ Seawall was sent for. Lande to be Whereas y' Co^'te hath form''ly granted to y" wor" Thom : Dudley, Dep- Gov'', acres of land, to Eob''t to Perkins to Deptyl'to Cap^ ^^y 274 Keayne 400, Capt 400, Keaine, &c. Rich'^d Parker, p Jn° Johnson, 436, to Cap! Jennings, Pdch^d Browne, Lelf? Hewes, Eld'' Heath, John Johnson, W"" Parksy & div's oth^'s, sev'^all pcells of land, granted also by y* Gen'all Co''t, between y^ bounds of Dedham & Water- towne, & did also appoint survey''s to lay y' same out, — now, in regard so many are intrusted, & few looke after it, as also, for want of an ord'ly way of pceed- ing, it hath bene neglected these many yeares, to y* g>iudice of many, it is therefore ord'ed, y' so many of y grantees as shall meete at y" house of 25"^ Eich'^d Fairbanks, at Boston, on -f day of Decemb^ 1646, & there put in their names, w"» y* quantities of land granted to y", & shall cast lots how ev^'y mans pt shall lye, shall come in y= first division to be layd out, & y' y« said first numb' shall begin to lay out in some one place of y" bounds above mentioned, & so to lye one by anoth' as their lots fall, & in case sicknes or [*161.] any oth"' impedim' should hind'', Willi: Aspinwall or George *Munings, w''^ are now appointed to lay out y" above said lots fro'° pforming y* same, y' in . THE MASSACHUSETTS BAY IN NEW ENGLAND. 185 such case it shalbe lawful! for y" maior pt of those first meeters above men- 1 G 4 G. ' tioned to make choyce of an oth' to do y* same. ' ^ Pessicus his sonne being put to James Davies wife to be neere M"^ Oliv'. „ . , ° ' ' Pcsicus ms for cure of a fistula, it is ord'ed y' she should be satisfied by the Treasurer. chUde. The Co'^te, haveing pused those paps w'='' concerne y® busines comited to M- Winslowe. M' Winslow, do consent to them. The Co''te doth acknowledge w"* thankfulness y" good service of M"^ M' Hibbins Hibbens in his voyage for England, & conceive some comfortable measure of satisfaction should be made him therefore ; but haveing intrenched hitherto on his patience, not doubting of his being deeply sencible, w"^ us, of y" great & urgent necessities & necessary charges w'^'' y^ colony is at, for g'sent hopeing y' he will not be unwilling to stay for his due recompence till a more meete season, w* we shall not willingly forget him in, on furth'' consid^'ation he is granted thirty pounds. The Co'te is not a little affected w* sorrow y' y* povi^ty of y* country & to the Secre should so appeare at this time, as to w'l'draw the honorable, respective, due & j.^p°s°"^° recompence to o'' Secretary for his deserving paines, as they are sencible of, & would willingly afford ; but they hope y' y' benefit of y* law for transcribing copies & fees are some recompence ; for f>sent have granted him five pounds, & resolve to CLuicken y« form"^ ord', & time would pmit to enlarge y* fees of ofEc" in this kind to theii" bett' encouragem'. Answers to the Ppositions w'='^ the Und'takers for the Iron Works ^sented. 1. That whereas the Co''t y" last yeare granted them, for 21 years fro y*' Answ^tothe 7th ye Qf gj-s). jji^ 1644, the priviledg of y* iron works, they desire 21 year fro thevnder- takers of y» first of y» 8"^ A, 1645, w"" the Co-'te granted. y J J ' " ironworkes, 2. The Co'te granted that satisfaction to ppriefs should be issued by 3 men, one chosen by y'' Co''te, one by y= und''tak''s, & one by y" pprieto"'. 3. Whereas they desire (insteed of 10 years, for seting up & finishing any of their works, not exceeds 6) y* whole time of y" grant, the Cc^te dis- sents. 4. Whereas they desire to be left at liberty for more or lesse works not exceeds 6, the Ccte grants their desii-e therein. 5. Whereas y» Cone granted y™ 3 miles square in land to ev'y worke y* they shall set up & finish, not exceeds 6, & y' they thinke they are tyed to so many seVall places accords to y' numb' of works they shall erect, their request is (in case they see cause) y* they may erect so many works in one place (not exceeds 6) as they shall thinke meete, & y* they may have 3 miles square VOL. II. 24 THE RECORDS OP THE COLONY OF • granted for ev'y such compleate worke so set up^ w'^ they desire may he layd out to y™ in one place where they would have it w^ it is not y" in ppriety, w"'' 4 November. is granted. 6. Whereas they desire y* Co''te would not restraine y™ fro™ selling iron, or iron worke, eith' to Indians or enemies, any forth'' then we restraine o'selues hy law, •w'^^ the Co''te granteth. 7. "Whereas they desire exemption fro™ watchings & trainings for all y' they shall see meete to imply in y° iron works, onely to find armes accords to ord"", they are granted accords to form' grant, w°^ is to exempt fin's, found's, & ham'men, ^6, & oth's constantly implied, (w'^'' we th^° to be y° true intent of y° Co'te in y' grant,) y™ to be such as are so constantly implied, as those are y' ai-e imediately before exprest by y° names of fin", found's, id. 8. Whereas they desire y^ filing up of y* blanks, it is granted. 9. Whereas they desire y' last pticuler may be left out, about desired to pvide a mi', it is granted that to be left out. 1647. *^ Gerfdl CoHe of Election, the 26" of the 3'* M% 1647. 26 May. P-SENT, The Gov'n :, M' Bradstreete, [*162.] The Deputy, M' FHnte, M' Endecott, M' Hibbens, M' Bellingham, M' Symonds, Incr : NoweU, Cap? Bridges ; Deputies, Leift Lothrope, M' Eawson, Jacob JBamy, Tho : Dyer, Leif : Norton, Boozoon Allen, M' Jose : Hill, Josu: Hubberd, M' Glover, M' Griffin, Leif? Clapp, Hen : Chick-'s Maior Gibons, John Kinsbury, M' W™ Tinge, M' W™ Hooke, John Johnson, W° English, Willi: Parks, M' Edw* Carleton, M' Rich : Browne, M' Brigham, M' Pendleton, Steph: Kingsly, M' Holioke, Cap? Pelham, M' Sparhauke, ^ be : Brewen, Edm° Jackson, Leif: Johnson, M' Ro : Paine, W™ Fiske, M' W™ Bartholomew, M' Clements. M' Dumer, ; THE MASSACHUSETTS BAY IN NEW ENGLAND. Jg? JOHN WINTHROPE, EsqS, was chosen GovV, & tooke his oath. Thorn : Dudley, Es^, was chosen Deputy Gov"^, & tooke his oath. John Endecot, Es^, was chosen an Assistant, & tooke his oath. Rich : Bellingha", Escp, was chosen an Assistant, & tooke his oath. Harbert Pelham, Es^, was chosen an Assistant. Rich'd Saltonstall, Es^, was chosen an Assistant. John "Winthrope, luni, was chosen an Assistant. Increase Nowell was chosen an Assistant, & tooke his oath. M' Symon Bradstreete was chosen an Assistant, & tooke his oath. M' Thom : Flint was chosen an Assistant, & tooke his oath. M' Willi : Hibbens was chosen an Assistant, & tooke his oath. M' Samu : Symonds was chosen an Assistant, & tooke his oath M'' Willi : Pinchen was chosen an Assistant. Cap? Rob't Bridges was chosen an Assistant, & tooke his oath. Increase Nowell is chosen Secretaiy. M' Rich'd Russell is chosen Treasurer. John Endecott, Es^, is chosen Maior Generall. Thom : Dudley, Es^, is chosen one of the Coinissioli'"s for y' ye'. John Endecott, Es^^^ is chosen the oth' Comission'' for y^ yeare. 'M" Symon Bradstreete is chosen to supply, if eith'' of the former faile. In answere to the request of the towne of Cambridge, the Co''te doth allow & confirme Willi : French leifi ofthat comp", & Edmond Winsliope ensigne. M' W™ Tory is authorished to see people ioyne in marriage in Way- moth. Thom: Miller, of Rowly, hath lib'ty to draw wine there, pay^ 15' p @. Hugh Sherrot, of Hav'ell, hath lib''ty to draw wine there, pay^ 10' p @. Antho : Staniard is chosen clarke of the writs at ExcetP. Rowly company havS chosen Sebastian Brigham their cap?, & John Rem- ington their leif ?, they are confirmed. It is ordered, that Edifi Gardner, y* officer for y" salt peter at Ipswich, should be alowed 5* out of y* treasury, in full satisfaction. For bett' direction of offices upon attachm'' & executions. It is ord'ed, by authority of this Co''te, y' where any officer is to serve any attachm' or execution upon any mans body, in any civill cause between party & party, he shall not be forced to keepe him above 12 houres, nor convey him to prison, except the pty who psecutes will lay downe y* charges & fees, or take such order for y° same whereby the officer may be indemnified in either of them & if y* psecuter recover in his, or if it be upon execution, such charges & fees shalbe alowed in costs, as in other cases. 188 THE RECORDS OP THE COLONY OP him to keepe a 16 4 7 Samu : Davies, of Winnetsemet, hath liberty granted house of comon intertainment, & to draw vfine, he paying 30^ p @ for his 26 May. licence into the treasury. The powd' alowed to Boston for salutations being spent, so as some have bene forced to imply of their owne, it is ord'ed, y' a barrell of powd'" be forthw"^ deliv''ed by y^ survey' to James Oliver, for y' purpose, & he to stand charged w"' y* care of it, so as y" country may be put to no furth' charge for y* occasions of y' kind for y" next yeare. It is ord''ed by y' authority of this ^ y' henceforth all such as are to keepe houses of comon intertainm', & to retaile wine, beere, id, w''' clarks of [*163.] y° writs, & such as are to *end small causes, shalbe licensed at the Co'ts of the sheire where they live, or y" Co'te of Assistants, so as this Co'te may not be thereby hindered in their more weighty affairs. [For the names of those made free the 26 May, 1647, and entered in the margin of pages 162 and 163, see the list at the end of this volume.] Upon y« petition of y« inhabitants of Excetf, y* Co'te granted y' Ser- ieant Thom: Pettet, as their principle officer for the ^sent, hath pow' to ex'cise y« comp* according to law. Thom: Miller, of Rowley, is granted liberty to draw wine, pay^ 15' p@. Upon information y' y* Indians dweling among us, & submitted to o' gov'm', being, by y" ministry of y* word, brought to some civiHty, are desiros to have a course of ordinary iudicature set up among them, it is therefore ord''ed, by authority of this Co'te, y* some one or more of y'= magistrates (as they shall agree among themselues) shall, once ev''y quart', keepe a Co'te at such place or places where y' Indians do ordinarily assemble to heare y' word of God, & may y" heare & determine all causes, both civill & criminall, (not be^ capitall,) concerning y* Indians onely, & y* y* Indian sachims shall have liberty to take ord', in y° nature of sumons or attachm*% to bring any of their owne people to y* said Co'tes, & to keepe a Co'te of themselues once every month, (if they see occasion,) to determine spiall causes of a civill nature, & such smaller criminall causes as y° said ma*™**' shall at any such Quarter Co'te referr to them ; & y^ said sachims shall appoint offices to serve warrants, & to execute y^ ord" & iudgm'' of eith' of the said Co'tes, w*'' offic" shall, from time to time, be alowed by y* said ma'™**" in y" said Q't' Co't, or by y° Gov'n', & y* all fines to be imposed upon any Indian, in any of y* said Co'tes, shall go & be bestowed toward y° build^ of some meeting houses, or education of their porer chUd'en in learning, or oth' pubHke use, by y® advice of y* said ma*"**", & M' Eliot, or of such oth' eld' as shall ordinarily instruct them in THE MASSACHUSETTS BAY IN NEW ENGLAND. jgg true religion ; & it is y° desire of this Co'te y y* those ma'™'«» who shall 16 4 7. attend y'' ' y« keeping of said Co^es will »refully endeavo-- to make y« Indians > und-^stand o' most ^^°'^' usefull lawes, & those principles of reason, iustice, & equity ^® whereupon they are grounded. It is ord'-ed, 10* y' should be given M"^ Elliot, as a gratuity fro"" this Cone, in respect of his greate paines charge in & instructing -f Indians in y« knowledg of God, y' ord' & be taken that y« 20* p @ given by y« Lady Armin for y' purpose may be called for & implied accordingly ; & its desired y' some care may be taken of y° Indians on y" Lords dayes. There being now divers freem & men of good ability in Hull, who may comfortably carry on y« affaires of y« towne, they are hereby enabled, by y« authority of this Co'te, to order y" prudentiall affaires of their towne accord- ing to the course of oth'^ plantations, pvided y', according to the form"^ ord" of this Co'te, they endeavo'' y** advancm' of fishing, & y' such fishermen as are there already, & other w"^ shall come thith"', may have all such reasonable priviledges & incuragm*' as y" place will affoard, & y' such places as are fit for fish'men may be reserved for y* purpose, & w"" this caution also : y' W™ Parks, M' Glover, & M"^ Duncan, or any two of them, be appointed to see y^ ord' of Co'te for x x x x x observed. • *It is ordered, y' y« fine of Mighill Smith, for his puting in of three [*164.] beanes at once for one mans election, it being done in simplicity, & he being pore & of an harmles disposition, it is ord''ed his fine is suspended till forth' ord' from y* Gen^'all Co''te. L^pon j^ petition of M' Adam & Deane "Winthrope, for y 1000 acres of Rob' Saitons" vS'' Ilich"'d to land (granted to Saltonstall at Cochituit, & by him his sonne, M'' j^ jj' Addam ^^""^ ^^"»- Eobn, & by them bought of him,) this 1000 acres is granted in a neck of land * lying between y" pond there & a small brooke runing into y° said pond, & bound" on y* east, south, & west pts, or some of them, & y" farme lately granted to M' Dunsf, ^sident of y" coUedge, on y* north''ly pt ; & if there fall out to be more then a 1000 acres w^'in y° said bounds, this Co^e granteth j" resi- due to IM"" Deane Winthrope, as a pt of y® land due to his hono''ed fath'', jtvided, y' it hind' not any form' ^ingagem'', & y' they demand them w*''in 6 months after the SG"" g>sent, as also y' y* quantity desired by him exceede not y' w* is due to o' hono'ed Gov'n' ; & Cap? Pelham, w*'' M' Pendleton, are appointed to see it layd out at y* own's charge. Walter Tybbot is alowed to draw wine at Glocest', paying 20^ p @ rent, or fine. M' Stevens is granted to be y* third man to end small causes there. 190 THE KECORDS OP THE COLONY OF 16 47. Ralph Blesdall is alowed to draw wine at Salsberry, pay« y« rent ap- pointed by y" last ord' of Co'te. • 26 May. Isaack BozweU is granted to take y" stray heif' at Hampton, he be^ to retui-ne it, if y* true own"" appeare, else to keepe it for his owne, he paying y* charge of y* beast at Hampton. 668- Whereas this Co'te hath long since pvided, y* all men should fence their Harmes done come, medow, & such like, against great cattle, to y® end y® increase of cattle, especially of cowes & their ofspring, should not be hind"'ed, there being then but few horses in y* country, w"'' since are much increased, many whereof run in a sort wild, doing much damage in come & oth' things, notw^'stands fences made up according to y* true intent of y* ord"' in y' case established, many whereof are unknowne, most so unruly y' they can by no meanes be caught, or got into custody, whereby their own'^s might answ"^ damages, & if sometime, w*"" great difficulty & charge, they be, they are in dang'' of pishing before y" own' appeares, or can be found out ; all w'=^ to ;p'vent, it is ord''ed this Corte, & by y* authority thereof, y' ev"'y towne, & peculiar in this iurisdiction, shall give some distinct marke, letf or other, w"* pitch, or such like, to all their cattle w"'' feede in open comon, w'^'out constant keep"'s, w"'' m'ke shalbe agreed & ord'ed by y" Gen'"all Co''te from yeare to yeare, whereby it may be knowne to what towne they belong ; & if any trespas, not so marked, they shall pay double damages ; nor shall any pson, kno^ving or aff due notice given of any beast of his to be unreasonable in respect of fences, suff^ him or them to go in coinon, or against come feilds, or oth' imppriate inclosed grounds, fenced as afore- said, w*out such sufficient shakles & fett" as may restraine & j^vent trespas 22, Ex : 5, & 21, therein from time to time ; & if any horse, or horses, or oth'' beast trespas in 36. . . corne or oth' inclosurc, beS fenced in such sort as secures against cowes, oxen, & such like ord'ly cattle, y^ pty or pties trespased shall pcure two sufficient [*165.] inhabitants of y' towne, psons of good rep''t *& credit, to veiw & adiudge y* harmes, w'='' y^ own' of j" beast shall satisfy when knowne, upon reasonable demaund, wheth' y" beast were impounded or not ; but if y= own' be knowne, or ncere residing, as in y" same towne, or y" like, he shall forthw"' have notice of y* trespas or damage charged upon him ; y' if he appve not thereof, he may nominate one man, w"" one such other, chosen by y" pty damaged, shall re- velw & adiudge j" said harmes, pvlded they agree of damage w"'in one day aff due notice given, & y' no aft' harmes int'vene to hind' it, w"'' being forth- w"* discharged togeth', w"" y" charge of y" notice, form' veiw & determina- tion of damages, y" first iudgm' shalbe voyde, or else to stand good in law. M' Samu : Dudly, M' Batt, & Eob't Pike are appointed for y« end^ of small causes at Salsberry. THE MASSACHUSETTS BAY IN NEW ENGLAND. igj M"" is Samu : Dudly appointed to associate in y" Co'te at Ipswich. 16 4 7. ' It is ord'"ed, by f authority of this Co''tej y' in regard y= Co'te of Assist- ""^ ''' ***^' ants, w""" fals in course y* next weeke, cannot be held w"'out great int'ruption ^ of y« more weighty affaires of this Gen'all Co'te, j" same shalbe & is hereby 29^'^ adiourned to y° of y« i"" A next, & y' y" Co'-te to be held at Salem is 6"" adiorned to y" of y* 5"^ in next, & y' notice be forthw"» given thi-ough y« country of y" adio'nm' of both, by bills to be set upon y« dores of y« meeting houses in y« sev'all townes, & y« deputies are desired also to publish y« same, as farr as they conveniently may. M'' Franc : To Doughty Yo" may und'^stand y' yo"' sisf, M" Elisa : Cole, 4. m«, 12. haves petitioned o'' Gen'^all CoHe, y'^ Co'te hath thought meete to ord' as fol- loweth, though nothing was shewed, in j" 6 months limited by y^ Co'te of As- sistants, why y" deede should not be canceled, nor nothing since w'=*' may cause us to question y" form'' verdit & iudgm', yet for y" more full satisfaction of y° petition', & y' y* iust pceedings of y'= Co'te in y tryall aforesaid may y« betf appeare, it is noAV ord''ed, y' a letf.shalbe written by y Secretary, & by a trusty messeng' forthw* sent to y" said Franc Doughty, express^ therein y« effect of y* said petition, w"*" is for her evidence to be made good, w'='' is can- celed, y' thereby releife & supply of maintenance may redound to yo' peti- tion" account, accord^ to God, & w"'all desiring him to come, or to send to y" Co'te an authentick coppy of y" deede of release, or oth' instrum'^ or evidences w* in Co'te he form'ly pduced, & whereupon y° verdit & iudgment aforesaid j)ceeded, w"* all convenient speed w"'in 6 months, giving him to understand w'''all y* if he shall faile to satisfy y* iust & reasonable desire of y Co'te herein, y* Co'te is resolved to j)ceed by all legall wayes to do what may most tend to y* clearing of y» iustice of y« Co'te, & full satisfaction to y* petition', accord^ to equity. M' James Browne, M' John Lowle, & Henry Shorte are appointed & authorished to end small causes at Newberry. Whereas y" ord' of y« 9"^ A, 1636, N. 317, seemes to limit y= election of 669- millitary officers in y* sev'all townes to such onely as are of y" trained band, & so thereby all such freemen as are exempt from ordinary training should be barred fro™ haveing any votes in such elections, it is hereby declared & ord'ed, y' eVy freeman shall have his vote in such elections, as if he were were of y' traine band, any thing in y* said ord', or any oth' law or practice, to y'' con- trary in any wise notw'^'standing, x x x freeman shalbe bound to take notice of y'= time of *such election, upon open declaration thereof at [*166.] any gen'all meeting of such trained band. 192 THE KEGOEDS OP THE COLONY OF 16 47. The towne of Haverell having chosen Eob't Clements, Henry Palmer, & Thom : Hale to end small causes there, they are alowed. 25 May. M"' Allen, large debate of what hath bene suggested touch* M' Bozoon AI- upon y len dismist y Hbell, & for his refusing, accord^ to his pmise, & y" vote of y Cc'te to pduce Court. his witnesses for satisfaction to y* Co'^te, is dismissed fro™ any furth' attend- ance on y^ service of y^ Co''te for this session. 670— Upon information y' divers high wayes are much annoyed & incumb'ed Dm' highway. ^^ gates & rayles erected upon them, it is ord^'ed & enacted, by y^ authority of this Co'te, y', upon any information or complaint made eith' to y* Co''te of Assistants, or any County Co'te, of any such gates or rayles erected or to be erected upon any coinon high way, y* same Co^^te shall appoint a comittee of discreet & indiff''ent psons to veiw such incumberance, & to ord'' y* reforma- tion thereof; & if y* pties whom it shall concerne shall not submit to such order, they shall require them to appear at y" next Co''te, where y* cause shalbe heard & determined for y" ease & conveniency of travelers, w*'' due respect to y° ppriet" cost & damage. M' Prichard, being chosen cap? of y* traine traine band in Eoxberry, is confirmed by ord' of this Co'te. John Baker is Hcensed to draw wine at Ipswich, accords to ord'. M' Alcoeks The morgage of three peels of land by John Alcock to WilU : Parks is '""'^^«^- confirmed. Coffiittee to lay The Co''te hath appointed Leif? Sprage & Franc Smith to lay out y'' way ^^°™ Winnetsemet to Reading ; to Serieant Marshall : Hoult to lay hiffh way & Nicho out y' way fro" Beading to Andiver ; John Osgood & Thom : Hale fro™ Andiv' to Hav^'ell ; James Davies, luni :, & Antho : Staniell fro°^ Hav''ell to Excetter ; & also appoint Leift Sprage, Serieant Marshall, & Nicho : Hoult as a comittee to veiwe y" ryver, & make returne to y'' Co'te of y" necessity & charge of a bridge, & make returne to y° next session of this Co'te. M' Eob't Saltonstall is granted a new hearing of his cause w"' Water- towne men, he having given security to answere y* charge, & y* towne have^ timely notice. 671- Forasmuch as many times it so fals out y' small thefts & oth'' ofiences of Smale thefts. a criminall nature are coniitted both by English & Indians in townes remote from any prison, or other fit place to w'='' such malefactors may be comited till the next Co^te, it is therefore hereby ord'ed, y' any ma'™*", upon complaint made to him, may heare, & upon due pufe det'mine, any such small offences of f aforesaid nature, accord^ to y« lawes here established, & give warrant to y" cunstable of y' towne where the ofiend'' Kves to levy y' same ; pvided -f dam- age or fine -w"^ shalbe by him adiudged exceede not forty shillings ; pvided, THE MASSACHUSETTS BAY IN NEW ENGLAND. ^93 also, it shalbe lawfull for eith'' pty to appeale to -f next CoHe to be held in y^ iurisdiction, give^ sufficient caution to j)secute y« same to effect, at y« said Co''te ; ev^ ma'"'"= shall make their returne & yearly to -f Co''te of y' iurisdic- tion wherein he lives of *what cases he hath so ended, & y" cunstahle of such fines as they have received ; & where -f offend"^ hath nothing to satisfy, such ma'™'" may punish him by stocks or whiping, (as j" cause shall deserve,) not exceeding tcnn stripes. The petition of M''^ Clarke, of Salem, is granted, (at fsent,) & she to Ans'toM" '^'^"^^ ^^^' continue or desist fro'" keeping y° ordinary, as Salem shall Co'te ord"' ; pvided, y' she pay tenn pounds p @ for drawing wine, (if she draw any,) & y' shee pvide a fit man, y' is godly, to manage y° busines, this man to be alowed by Sale" Co'te. Upon y'' petition of y" inhabitants of Dover, it is ord^ed, y' M"" Belling- Dou' Court ham Bradstreete shall & M' keepe Co'te at Pascataq, for tliis yeare ; & if eith'^ of them shall faile through any unexpected pvidence, j" Gov'n' & Deputy Gov^'n"' & one of y" ma"^''^ shall appoint some oth' in their place. This Co'te taking into consid''ation y« great wai-rs, combustions, & di- 67^ P'hibit- visions -w"^ are this day in Europe, & y' y" same are obs''ved to be cheifly p^i^e' raised & fomented by y* secret und'minings & solicitations of those of yf Death, jesuiticall order, men brought up & devoted to y° religion & co'te of Rome, w"^** hath occasioned div''s states to expell them their territories, ^5, for pven,- tion of like evils among o''selues, it is therefore ord^'ed & enacted by authority of this Co''te, y' no Jesuite or spirituall or ecclesiasticall pson, (as they are tearmed,) ordained by y* authority of y° pope or sea of Rome, shall hence- forth at any time repair to or come w"'in this iurisdiction ; & if any pson shall give iust cause of suspition y' he is one of such society or ord", he shalbe brought before some of y^ magistrates ; & if he cannot free himselfe of such suspition, he shalbe coiiiited or bound ov'' to y" next CoHe of Assistants, to be tryed & pceeded w"^ by banishm' or oth'wise, as y* Co''te shall see cause ; & if any such pson, so banished, shalbe taken y° second time w'Hn this iurisdiction, he shall, upon lawfull tryall & conviction, be put to death ; pvided, this law shall not extend to any such Jesuite, ^<3, as shalbe cast upon o^ shoares by shipwreck or oth' accident, so as he continue no longer then till he may have oportunity of pasage for his depture, nor to any such as shall come in com- pany w"" any messeng'" sent hith'' upon publike occasions, or any marchant, or m'^ of any ship belonging to any place not in eiunity w*'' y* state of England or o'selues, so as they dept againe w'** y" same messeng'', m'^chant, or m', & behave themselues inoffensively during their abode here. VOL. II. 25 194 THE EECORDS OP THE COLONY OF 1647. Upon psentm* of y* will & inventory of Daniell Shepardson, it is ord'ed y* y" land should go according to the *fathers will to y« sonne, or recompence 26 May. according to value of 21* lOsh' ; & because y^ moth"^ hath bene at great charge Shep'dson. [*168.] in educating y' sonne three yeares, & is still to be, she should be alowed y« tooles, & bellowes, & armes for y' ; & y' y^ daught" shall have of what theii- fath^ hath given them onely to y" value of nyne pounds each of them for their part. 3 men Dorch. M"' John Glover, Cap? Humphry Atherton, & John Wiswell are ap- pointed to end small causes in Dorchesf. 673- Upon y* marshall his petition, it is ord'ed, y' he should have 12*^ in y° pound out of all y* fines y' he shall gath' up. M' Coffins li- The Co'^te doth grant Tristram Coffin to keepe an ordinary at Newberry, & to retayle wine, paying according to ord' ; & also he is granted liberty to keepe a ferry- on Newberry side, ov' Merrimack, when the interest of George Carr shalbe determined, & y' Georg Carr shall have lib'ty to keepe his boate going on Salsberry side. Horsbtidge at "Whereas complaint hath bene made to this Co''te of y° greate want of a Wate'town horse neer unto Mill, y* y' thereof hath hazarded mill. bridge Watertowne & want y° lives of severall psons, & may endang'' many more, & for y' y* best & most coinodious place is in y* bounds of Watertowne, it is ordered, by y" authority of this Co'te, y' there be a sufficient horse bridge made over y^ ryver there by y* inhabitants of y^ towne of Watertowne, before y" first of y* 9"^ i£i next en- suing, upon paine of forfeiture of 10*, & after y' lOsh* a day to y* country till it be made up as aforesaid. OoW "Winthrop The Co'te, in a gratefull remembrance of y" good service o' hono^'ed allowanc. Govetf hath done for this colony, in y' place, y* yeare past, have thought meete to render him all h^rty, due, & thankful! acknowledgment therefore, & allow him one hundred pounds, as a small testimony of their loveing accept- ance of his endeavo". 674- For explanation of y" order in y« liberties, about 6 dayes warning to be Six dayes given to y* defend' in every action, ^(5, it is hereby declared, y' y* day of y° warning on sumons or attachm' served & y* day of appance shalbe taken inclusively as pt of y" sixe dayes. 675- The Co^^te thinke it meete y' whosoever is or shalbe called to the place of Court* refer- y« maior gen'all shalbe at liberty to have those of his ence to y« owne family trained up Bynod. in millitary discipline, as himselfe shall iudge most meete, w"'out being com- pelled, or called upon by any inferio' officer, to send them to attend y« ordinary trainings. The Co''te thinke it convenient y' order be given to y" audito'' to send 12 " — THE MxVSSACHUSETTS BAY IN NEW ENGLAND. ^95 gallons of sack & 6 gallons of white wine, as a small testimony of y^ Ccts 16 4 7. respect, ^- ' to y' rov''end assembly of eld" at Cambridge. y It is ordered, ^^''^'' y' in all comon feilds of medow & pasture, wherein there ^ are seVall pprieties fenced in by one coinon fence, made by y« sev''all pprieto's, Orde' as to in all those feilds the pprieto'-s of y" greatest pt of y» land in such feilds shall ''™'='"S- hereby have poW to ord'' & appoint y= impvem* of y* whole feild, save of such pprieto'"s of land as slialbe sufficiently fenced in by itselfe, w* any such pprieto' may lawfully doe. *'M' Oliver, havoing had Pessicus his sonne in cure of a fistula about 20 PieO.] w<^i' weekes, being now accomplished, (through y^ blessing of y'' Lord,) it is thought fit y' he should be satisfied for y« cure, & for y' end y' y« audito' should agree w"» him, & give him a bill to f treasurer for y= same, so as y« suine given to M'' Oliv"^ be charged on Pessicus. Wajanoth havoing a swamp, supposed to be above 100 acres, they are granted Iib"'ty to lot it out amongst themselues, y' it may be for their good. Upon complaint of great disord'' y' hath bene observed, & is like further 677- to increase, by y" use of y" game called shovelboard, in houses of coinon inter- ShoucU b'd. tainm', whereby much |)>cious time is spent unfruitfuUy, & much wast of wine & bcare occasioned thereby, it is therefore ord'ed & enacted, by y* authority of this Co''te, y* no pson shall henceforth use y" said game of shovelboard in any such house of coinon inftainm', nor in any oth"' house used as coinon for such purpose, upon paine for ev''y keeper of such house to forfeite for ev''y offence 20% & for ev''y pson playing at y said game in any such house to for- feit for ev'"y offence 5% & any ma'"''^ may heare & determine any offence against this law. Forasmuch as many complaints have bene made of a very evill practice 678— '^°' °<"^^^^- of some disord''ed psons in y" country, who do use to take oth' mens horses sometimes upon y* coiSons, & sometimes out of their owne grounds & inclo- surcs, & ride them at their pleasure, w"^out any leave or privity of y" own'^ it is therefore ord'ed & enacted, by y^ authority of this Co''te, y' whosoev'' shall take any oth"' mans horse, or mare, or any draft beast, eith' out of his owne inclosure, or upon any coinon, or elsewhere, (except such be taken damage feasant & disposed of accord^ to law,) w"'out leave of y° owner, & shall ride or use y* same, he shall pay to y'^ pty wronged treble damages ; or if y« com- playnant shall desire it, then to pay onely 10% & such as have not to make satisfaction to be punished by whiping, or imprisonm*, as shalbe iudged. In regard of y" weaknes of y" prison, «& y' to have iustice now deluded by any escape, would reflect much dishono' upon y* Co''te, & minisf matf of insulting to y* adverse pty, it is ord^'ed, by authority of this Co''te, y' y» keeper 196 THE RECORDS OF THE COLONY OF 1647. shall huire 2 able men, such as may be trusted w"' a matter of so great mo- r ment, & if he cannot huire any such, then upon sight hereof y= cunstables 26 May. of Boston, or any of them, shall from time to time impresse 2 such men, who shall assist y« keeper in guarding y° prisoners day & night, & when they go to y° publike meetings, & they shalbe alowed 3sh» p day & night, each of them, out of y^ fines of y" prisoners. It is furth' ordained, y' if all y* prison's of D' Childs conspiracy shalbe once discharged out of prison, except one or 2, y* keeper shall keepe such [*170.] one or two of them in irons, *except they wilbe at charge of such guarde as y" ma'"-**' of Boston shall appoint ov"^ them. Smiths. It is ord'^ed, y' Edm" Bridges, for his neglect of shooing. M' Symonds horse, (when he was to come to Co''te,) should be required, by warrant fro" this Co'te, to answere this complaint, & his neglect to furth' publike service at y^ next County Co'te for y' sheire to heare & determine y° case, & y*^ returne be made to y" Gen''all Co''te of y? issue thereof. 1. It is conceived meete, y' it be declared by y^ authority of this Co'te, y* y" comission granted to y* maior pt of y* towne of Newberry, & y" pceed- ings thereupon, to be legall & warrantable. Newbe' case 2. That if any errors were in y* said coinlssion, i&, or any dissent from determined. y* same by any of y" minor pt, iS, yet they are all concluded fro™ taking any exception thereto, in regard of their acceptance of y* recompence ord'"ed for satisfaction. 3. That y* petition''s of y* minor pt have failed in not submiting to their owne covenant. 4. That a letf be written from this Co^^te to the two eld"^, & those breth- ren of y<= maior pt, y' for peace sake they would please by turnes to supply y* other pt, iS. Comittee about The Co'te, und''standing y' y° coinittee for pfecting y' lawes appointed by y" lawes- j" last Gen''all Co'te, through straights of time & oth' things intervening, hare not attained what they expected, & on all hands so much desired, touching a body of lawes, thinke meete & necessary y' o' honored Gov'^n'', M"' Bellinghani, M' Hibbens, y* Audito' Gen'all, Leif? Johnson, & M"^ Hills be chosen as a comittee of this CoHe to do y" same, according to y* aforesaid ord"', against y<> next sessions in y* S"* &, or y" next Gen'all Go'te. The coinission about y' Mores is continued in y' hands of y* same men ^ch Tj^ere chosen by y° last Co'te. M' Hill, M"" Ting, & Leift Norton are chosen a coinittee to ioyne w**" y* Secretary, to examine y" entry of y° ord's of this Co'te, i& pfect y« same, {6. THE MASSACHUSETTS BAY IN NEW ENGLAND. For oih' psons, Stephen Fosditch, f Harman Garret, i$, bound over to this Co''to, they arc referred to y'' next CoHe of Assistants. The Co'-te, haveiug '^ ^^''^' notice of y« debt due to Hugh GuUiso" for dyet, thinke ^ •' ' Dep' dyet. It meete y' y^ custome of wine should be alowed to him on indifferent prizes for y° fPsent Co'te. This Cone, taking into consid-'ation -f useful! ptes & abiUties of div's in- 679- habitants ^^^ ^*" amongst us, w* are not freemen, w"'', if impved to publike use, y« ^°" affaires of this coinon M'ealth may be y^ easier carried an end, in y« severall townes of this iurisdiction, doth hereby declare y» henceforth it shall & may be lawfull ibr y'= freemen w*''in any of y" said townes to make choyce of such inhabitants, though non freemen, who have or taken shall take -f oath of fidel- ity to this goverm' to be iury men, & to have their vote in y« choyce of y* select men for towne affaires, asseasm' of rates, & other prudentials *j)p to [*171.] y" select men of y« severall townes, pvided still y' y« maior pt of all compa- nies (of select men be freemen) from time to time y' shall make any valide act, as also where no select men are to have their vote in ord''ing of schooles, bearding of cattle, laying out of high wayes, & distributing of lands, any law, usage, or to custome y" contrary notw*standing ; pvided, also, y' no non freeman shall have his untill vote he have attained y® age of 24 yeares ; pvided, also, y' none y' are or shalbe detected & convicted in any Co^e of any evill carriage against the govcrm', or coinonwealth, or chuixhes, (it being intended to be iiiicdiately done,) shalbe capable to vote untill y" Co'"te where he was con- victed or sentenced hath restored him to his former liberty. This Co^^te deepely sencsible of upholding, & all we can to increase all for- 680— tifications against- forraigne enemies, as also of y" greate & unsufferable press- ures, & extreame exigents of Captainc Davenport, his garrison,' & family, a thing no lesse greivos to many of y'^ Co'-te then burthensome to him, & there- fore thinke it very iust & meete, y' y" cap? petition should be granted for y" three pticulers conteined therein, & therefore do hereby order & enact, by y° authority of this Co'-te, y* Leifte : Norton, Leifi Johnson, & John Johnson, or any two of them, be appointed, authorished, & hereby enabled to examine y* whole matter, touching y* defects of y^ townes, both in respect of arreares in paym' & compleating of workes by them und'^taken, as also to levy all fines & pcenalties incurred by such neglect, & to imply it toward satisfaction of ar- reares, or compleating y^ workes & supply of such ainunition & things as are wanting & to them seemes meete & convenient ; also, hereby poW is given to such y* said Leift Norton, ip, to levy all arreares aforesaid, by distres (of inhabitants of y= said townes fro™ whom they are due) or otherwise, & forth- said w"' to pay it to y* said Cap? Davenport ; alsa, hereby pow'' is given to y* 198 THE RECORDS OF THE COLONY OF 16 4 7. Leift Norton, ((3, to impres men in y® sev'"all townes to supply a garrison there at -f Castle Hand, according to y* form' agreem', there to serve in their course 26 May. & ord"', unles they, or any of y* said townes, shall compound w"' y cap? for it ; lastly, hereby pow' is given to y° said Leift Norton, {d, to require & re- ceive of y* Treasurer so much as will fully answere y' cap? demaunds in his petition, whose receit und' their hands shalbe y* Treasurers discharge for so much, pvided, y' all arreares of y* townes & at least so much of y° fines be r*172.] first levyed, as to y^ said Leifi Norton, ^(3, seemes *meete & necessary to com- pleate the workes according to their agreem*. The Co'te is adiourned to the last 4"" day of the 8"" A, except the Gov^n' see cause to call one sooner. The bill of 23*, due to the widow "Wilson, was ordered to be alowed her. 27"' [*173.] *M a Session of the Generall Co% the of the OMISSION is granted to Cap? Hathorne, for solemnizing a marriage be- C tweene Thom : Jeggels, of Salem, & Abigaile Sharpe, of Salem. Comisslon is hereby given to Willi : Denison, to presse any sufficient workman or workmen to repaire defects of a certeine bridge in Rojiberry bounds, they paying due wages for the same. Anthony Sumersby to be clarke of the writs at Newberry, & to record births, deaths, & marriages, in the place of John Lowle, deceased. Jonathan Negus is granted the inheritance of the house & ground of John Lug to the value of about 20*, that he may dispose of the same towards the education of his five children. • Eob't Elwell, Willi : Browne, & W" Dudbrige are granted a tryall of their action w"" M"^ Tuttle, by appeale at y* next QV Co^'te at Boston, they giving M' Tuttle notice at least 14 dayes before the tryaU. The Co'te granted that a speciall Co''te be called upon the 18"' of the 9"* A, for tryall of a cause wherein M' Barkley is p't ag' M' W" Ting, M' Stod- dard, iS. Leif? Lothrope (haveing urgent occasion at sea) desiring dismission for this session, w*'', consid'ing here is anoth"^ for that towne, is granted. Henry Chickering, being in this next ship to go for England, is dis- ' mised from his furth"^ attendance on the service of the Co''te. For the ^sent order for Pumhom, for his wint" pvision of corne, id, it is ord''ed, that a messenger be forthw"> pvided by the audito' gen'all, & sent those to pts to treate w"" WilU : Arnold, or Benedict Arnold, for pcuring 100 : > THE MASSACHUSETTS BAY IN NEW ENGLAND. 199 bushels of corne fro" PessicuSj at indifferent prizes to be alowed, in the pay- 1 G 4 7. ment of the rest of the wampom due from him. """^— ' °'='°'^«"^- Whereas Docto' RoVt Child oweth for a fine due to the country the sume ^^ •' D' Childs 50" of 50* of lawful! mony charged upon him by the Gen'^all Co'te in the 9"» Sl, ^e. 1646, Vf"^ is unpaid, & himselfe gone out of this iurisdiction into Europe, & whereas he hath a stock going m the iron workes, under the managment of • M' Leader, to the value of 450*, it is therefore ordered by this Co'te, that the audito'' gen'all hath hereby pow"' & authority given unto him to make sale of so much of the said stock of 450* as will ^sently yeild y« 50* due to y« country. M'' Willi : Ting, being chosen cap? of the company of Braintree, at their request is confirmed in that place. In answere to the petition of John Heyden, for releife in regard of his owne infirmity, & his child bereaved of his censes, it is replied, if the church or towne be not able to releive their pore, themselues are to petition for help, & then it is fit they should be helped out of the publike treasury ; but othei-- wise they must take care of their owne poore, as oth"^ townes do. It was ordered, that warrant be sent from this Co'^te, directed to John Seely & Antipas Maverick, or eith'' of them, belonging to y° He of Shoales, to attach the wife of Willi : Wormewood, and bring her before the Govemo'' & oth' of the magistrates at Boston, who may coiiiitt her or bind her to the next Co''te of Assistants, if they shall see cause. *The Oath to be administred to the Marshals, by Order of the Gen'all Co''te. [*174.] Yo" shall diligently, faithfully, & w"" what speed yo" may, collect & 681- gath' up all such fines & suines of mony in such goods as yo" can find of every pson, for w^"^ yo" shall ha"Ve warrant so to do by the Treasiirer for the time being, & w^^ like faithfulnes, speed, & diligence levy the goods of every pson, for w'^'' yo" shall have warrant so to do, by any execution granted by the Secretary or oth'' clarke authorished thereunto for the time bfiing, & the same goods, so collected or levied, shall, w"" all convenient speede, deliver in shall, to Treasurer or the psons to whom the same shall belong ; & yo" w"" like care & faithfulnes, serve all attachm^^ directed to yo", W^" shall come to yo' hands, & returne y^ same to the Co''te"to w"^"" they are returnable at the all such law- time of the returne thereof ; & yo» shall pforme, do, & execute full coinaunds, directions, & warrants w*, by lawful! authority here estab- lished, shalbe coiiiitted to yo' care & charge, according to y" duty of yo' office all the all these things yo" bind yo'selfe unto by this yo' oath to pforme during time yo" continue in your office, w"'out favo', feare, or partiality of any pson. — 200 THE REC0ED3 OF THE COLONY OF 16 4 7. If yo" meete w"^ any case of difficulty w'='' yo" cannot resolue by yo'"selfe, yo" ' ^ "^ may suspend till yo" may have advice from authority. So help yo" God. 27 October. Phineas Fiske is granted to keepe an ordinary in Wenham. The inhabitants of ^MakereU Cove are granted their petition to be free from being called to watch at Salenij w"' this pviso, that the said inhabitants shalbe lyable to watch there by direction of the cunstable, & the iniunction of millitary officers in times of danger. Synod. Whereas there is a synode in being, & it is y^ purpose, beside y^ clearing of some points in religion questioned, to set forth a forme of church govcrm', accords to y° ord"^ of y^ gospell, & to that end there are certeine members of y* synode that have in charge to prepare y* same against the synode ; but this Co'te conceiving that it is as fully meete to set fourth a confession of y"-" faith we do pfesse touching y* doctrinall pt of religion also, we do desire, therefore, these rev"'end eld's following to take some paines each of tjicm to Ppare a breife forme of this nature, & ^sent y" same to y" next session of y" synode, that, agreeing to one, (out of them all,) it may be printed w**" the oth'' M' Norrice, M' Cotton, M' Madder, M"^ Eogers, of' Ipswich, M' Sheopard, M"^ Norton, & M' Cobbet. M'' Bryan Pendleton & Michaell Bairstow are alowed to take so much out of the house of Thorn : Philpot, upon the sale thereof, as to discharge their engagm' of about 6* to y* keeper for him. In Answere to M' Dunsters Petition, College. First, we find due from the country to y" coUedge, out of y' i shs 133 00 ' ^ P -^cii • -y^ag given by sev''all donors in England, 133*, . . . . 2'y, there is supposed to be due to y^.colledge upon y* coun- 190 16 trysgifte, 3'y, we find due to y° coUedge, in relation to y° psident hav^ falen short so much of y' w""* he should ha' rec"* annually from •056 00 the country, [*175.] *4'^, we conceive it reasonable y' there should be 50* taken out of y« 190* 16^ & p« to M' Davison, accord? as -f g>sident doth desire. 5'y, we conceive it to be most convenient y' what doth now appeare to be due fro"" y* country to y° coUedge, y' it be forthw"^ p* to y« coUedge or other- wise, to alow not exceed^ 8 .p c° to y® coUedge so long as it lyes in y* handes of the country. 6'y, wee iudge it fiting y' Cap? Keayne & W" Parks should be a comittee appointed to examine y« ferry men of Charles Towne wherefpte they make: THE MASiJACHUSETTS BAY IN NEW ENGLAND. such complaintes to y'= y= ^sident as tends to lose & damage of y^ coUedge, as also of any their miscs rriages to members of y" Co^e & othi's. 27 October. Lastly, \ve conceive it very necessary y' such as studies phisick or chi- rurgery may have liberty to reade anotomy, & to anotomize once in foure yeares some malefacto'', in case there be such as the Courte shall alow of. For the pticuP touching yong schoUers, we referr to y« consid''ation of y« Co''te to agree an order for it. Whereas there hash a long time bene a difference between M' Rob't Sal- ii November, tonstall, as agent for S' E.ich'^'^ Saltonstall, & the towne of Watertowne, for & about certeine acres of medow, by him alleaged to be fifty acres, more or lesse, neere adioyning to y« towne, w"^"^ his fath'' had possession of, for w"? a tryall at y^ Gen''all Co''te now siting was to be had, & entered upon ; but on a mo- tion y° abovenamed Kob''t Saltonstall, on y" behalfe of himselfe, & for y* use of his fath"", S' Rich''d, & John Sherman, as atturny for y" towne of Water- towne, did mutually choose M"^ Edw* Carleton & M"^ John Johnson as arbi- trate" to heare & detejanine all differrences betweene them in that respect, did, & by these presents do, bind themselues each to oth"", in 500* a peece, to stand unto, abide by, & pfprme y* finall award & determination of y" above mentioned arbitrato™. Witnes now these p>3ents, that we, Edw : Carlton & John Johnson, having heard & examined all y^ evidences brought by eith' of them, w"" relation to y* above mentioned medow, do give in this ^sent writing as o' finall award & determination thereabout, w""" we desire may be entered upon record. First, we determine & award y' abovenamed Jn" Sherman, his heires, shall pay, or cause "to execute", {p, in -f behalfe of y" towne of Wat'towne, be paid, on y^ 15"" of y" 9"" & neM ensuing y date hereof, being in y" yeare 1648, y* suiiie of 20* in marchantable corne, or cattell, & 20* more in like marchantable corne, or cattell, on the 15* of y° 9"" & in y« yeare 1649, to y« said Rob-'t Saltonstall, his heires, executo", (6, at y* house of Rob''t Long in Charlestowne. Secondly, we award & determine y' y» said Rob''t Saltonstall, his heires, execute", <6, shall not be lyable to defray any charge of y« CoHs expence of their time in hear^ y* cause. Thirdly, we determine & award y' y'= said Rob't Saltonstall shall accept 40* y' mann'' to be paid as above is mentioned, *as full & com- [*176.] of -f said in pleat satisfaction for all such medowes & upland w'='' he hath form'ly de- manded, & now petitioned for, in y« behalfe of his father, S"' Rich'^d Salton- evidences stall, & y' y* said Rob't Saltonstall shall deliv"^ in all his p^ers & VOL. II. 26 : 202 THE RECORDS OF THE COLONY OF 16 4 7. -w"^ he pduced into y« Co'te to be defaced & anihilated, that any way con- ' ' "^ cerned the difference between them. And furth'', we award, conclude, & de- termine, y' all actions in respect to the differences above mentioned shall cease, shall & y' neith'' S"^ Rich : Saltonstall, nor Eob''t his sonne & agent, hence- fourth molest or trouble any of y' inhabitants of Watertowne y' now are, or hereafter shall be, nor any oth"" in their names, by, fro™, or und' them, any or eith' of them, in those respects above mencSned. In witnes to all y^ above- mencSned conclusions & determinations, as o"" finall award concerning y* differ- ences abovesaid, we have this 11"' of y* 9"" A, 1647, set to o' handes. EDWARD CARLETON, JOHN JOHNSON. Further, y" said Eob''t Saltonstall in open Co'te did acknowledg y' he did then & there resigne up & relinquish all his right, title, & interest, unto any land to this Co'te petitioned for, as due to his fath', as he was a patentee or planf, unto y* towne of "Watertowne, pmising & engaging himselfe nev'' furth' to molest any of y° inhabitants of Watertowne, for y" medowes mencSned in this petition, nor yet for y' 200 acres of upland w* John Sherman affirmed was given to M'' Samu ; Saltonstall, in way of satisfaction or composition for land due to his fath'^ fro™ Watertowne, as a patentee or planter, so as he ^u- dice not his broth'' Samuels right as a planf or townes man there : this acknowl- edgm' is concluded as part of j" award : Witnes now these ^sents, y' I, Rob''t Saltonstall, of Boston, in Newe England, gent, sonne & agent to S'^ Rich : Sal- tonstall, k', do hereby acknowledge to have rec"^ of John Sherman, of Water- towne, husbandman, by v''tue of an award, bearing date w"' these ]3>sents, security for y* paym' of 40* to me, or my assignes, for mann"^ & time as in y» award may appear & doth require, & is in Mil satisfaction of all or any clayme or demaunds of or for any right or title y' eith'' my fath', S"" Rich'd Saltonstall, or myselfe in his behalfe, have had, or might have had, to any upland or med- owes in y" boundes of Watertowne, by any way or meanes whatsoev'', eith"^ as patentee or planter, except such medowes & uj^and as are in my broth'' Samuels possession, & therefore do by these ^sents remise, release, acquit, & discharge y* said towne of Waftowne from all or any claymes or demaunds to any land, either upland or medowe, any way due to S' Rich : Saltonstall, my fatV, & accords to y« pow"" to me given in y' respect, pvided I ^udice not my broth' Samuels right to any land as a planter or townesman there. Memorandum y* exception doth not intend or conclude y* 200 acres of upland mentioned in award, in any relation or respect whatev'', f to S' Rich :, my fath"^, (or myselfe,) — THE MASSACHUSETTS BAT IN NEW ENGLAND. 203 as patentee or planter there. In witnes wkereof, I have hereunto set my hand 16 4 7. 11*'' 9'" • & seale y» &, 47. ,- I • ROBRT SALTONSTALL H November P'^sent, JOSEPH HILL, EDW^ RAWSON, JOHN JOHNSON. The Cone voted, yt y« award passed between M' Rob't SaltonstaU & Jn" Sherman, in behalfe of -f towne of Watertowne, shall be recorded among y« records of y« Co''te, w* this release, & both their acknowledgm'" of binding themselues each to oth"^ in 500* to abide & pforme y" award. *Upon examination of M" Katherine Clarks petition, & y« matf thereof, r*177 ] this Co^'te doth conceive y' if it be pved to y Ccte at Salem y' so much of y« Ans' to M» "^^ ^*'' inventory as is alleaged doth remaine in specie of her form' husbands estate, y* petition' should have to her owne use 150*, y° 4 yonger children 110* whereof she to be alowed 40* towards their education, & y" rest to be p* to y» said 4 children at y« age of 21 yeares, or day of marriage, y*" eld' sonn to have 28*, y" oth' three 14* a peece, y* eldest sonne by his form' -wife to have 20*, y" oth' 10*, & she y' is married 5*, to be paid w'4n six months next following. It being one cheife piect of y* ould deluder, Satan, to keepe men from f,f^a the knowledge of y* Scriptures, as in form' times by keeping y" in an un- knowne tongue, so in these latt' times by pswading from y use of tongues, y' so at least y° true sence & meaning of y* originall might be clouded by false glosses of saint seeming deceivers, y' learning may not be buried in y* grave of o' fath'^ in y" church & comonwealth, the Lord assisting o' endcavo's, — It is therefore ord'ed, y' ev'y towneship in this iurisdiction, aft' y* Lord hath increased y" to y" number of 50 houshold'% shall then forthw"" appoint one w"'in their towne to teach all such children as shall resort to him to write & reade, whose wages shall be paid eith' by y* parents or mast'' of such children, or by y* inhabitants in gen'all, by way of supply, as y* maior pt of those y' ord' y° prudentials of y" to-s>aae shall appoint ; pvided, those y' send their children be not oppressed by paying much more y" they can have y™ taught for in oth' townes ; & it is furth' ordered, y* where any towne shall increase to y= numb' of 100 families or househould", they shall set up a gramer schoole, y* m' thereof being able to instruct youth so farr as they may be fited for y* university, pvided, y' if any towne neglect y" pformance hereof above one yeare, y' every such towne shall pay 5* to y* next schoole till they shall pforme this order. 204 THE RECOKDS OF THE COLONY OF 16 4 7. Forasmuch as y* marshals & oth' officers have complained to this Co'te y' they are oftentimes in great doubt how to demeane themselues in y" execu- 11 November. tion of their offices, it is ord'ed, by authority^f this Co'te, y' in case of fines 683- in civill actions, y' offic' shall Marshalls di- °^ asseasm*^ to be levyed, & upon executions reotions. demaund y* same of y° pty, or at his house, or place of usuall abode ; & upon refasaU or non paym' he shall have pow' (calling y* cunstable, if he see cause for assistance) to breake open y* dore of any house or place, or of any chest, or place where he shall have notice y* any goods lyable to such levy or execu- tion shalbe ; & if he be to take y° pson, he may do y* like, if he shall refuse, upon demaund, to rend' himselfe ; & w'ev' charges y* offic' shall necessarily be put unto, upon any like occasion, he shall have pow' to levy y° same, as he doth y* debt, fine, or execution ; & where y^ offic' shall levy any such goods upon execution as cannot be conveyed to y" place w' y* ptye dwels for whom execution shalbe levyed, w^'out consid'able charge, he shall levy y' said charge also w"* y° execution ; y* like ord' to be observed in levying of fines : pvided, y' it shall not be TawfuU for such offic' to levy any mans necessary beding, apparell, tooles, or armes, other implem'' of household w* are for y* neces- sary upholding of his Hfe ; but in such cases he shall levy his land or pson, according to lawe ; and in no case shall y" officer be put to seeke out any mans r*178.] estate *further then his place of abode j but if y° pty will not discov' his goods or lands, y* officer may take his person. And it is also ord'ed & declared, y* if any offic' shall do iniury to any by colo' of his office, in these or any Qth' cases, he shalbe lyable, upon complaint of y* party wronged, by action or information, to make full restitution. 684— It is ordered by this Co'te, & y° authority thereof, y* any one magistrate <7: or comission', authorished thereunto by y* Gen'all Co'te, shall take j" testi- mony of any pson of 14 yeares of age, or ab^e, of sound reputation, of dis"rrtim* in any cause, civill or criminall, & shall keepe y* same in his owne hands tUl y" Co'te, or deliv' it to y* record', or publike notary, or clarke of y® writs, to be recorded, y' so nothing may be altered in it ; pvided, y' where any such wit- nes shall have his abode w*''in 10 miles of y* Co'te, & there living, & not disabled by sicknes or oth' infirmity, y* said testimony so taken out of Co'te shall not be received, or made use' of in y* Co'te, except y* witnes be also ^sent, to be furth' examined about it ; pvided, y' in all capitall cases all wit- neses shalbe ^sent. And it is furth' ord'ed, by y* authority aforesaid, y' any pson sumoned to appeare as a witnes in any civill Co'te between pty & gty shall not be compellable to travell to y* Co'te or place where he is to give his testimony, except he who shall so suinon him shall lay downe or give him satisfaction for his travell, & his expence outward & homeward; & for such ; THE MASSACHUSETTS BAY IN NEW ENGLAND. time as he shall spend in attendance in such case, when he is at such Co'te or place, y» Co'te shall award due rccompence ; & it is ord'ed, y' 2^ p day shalbe accounted due satisfaction to any witnes for ^^ November. travell & expences ; when v* & J ^ WitiicssGS of witnes lives w'Mn miles, 3 & are not at charge to passe ov"^ any oth' ferry y° testimo. fro"" Charlestowne to Boston, then 18* shalbe accoTinted sufficient ; & if any witnes, aft' such paym' or satisfaction, shall faile to appeare to give his testi- mony, he shalbe lyable to pay y« pties damages, upon an action of y« case all witnesses & in criminall cases shall have suitable satisfaction, to be paid by Treasurer upon warrant fro™ y« CoHe or iudge before f whom -f cause was tryed. For a gen'"all law, to be observed in all criminall causes, both where y« 685- fines are put in certeine, & also where they are oth'"wise, it is ord'ed, by y« authority of this Co'te, y' y« charges of witnesses in all such causes shalbe borne by y° pticul"^ delinquent, & shalbe aded to y« fines imposed, y' so y« Treasurer having (upon warrant fro" y" Co'te or oth' iudge) satisfied such witnesses, it repaid may be him w"" y= fine, y' so -f witnesses may be timely satisfied, & y« country not damnified. It is ord'^ed, y' y* towne of Linn shall repaire their brldg sufficiently by y° 20"' of y« 10"' iTi next, vind"^ y'^ pcenalty of ten pounds, & for ev-'y day aft' y« 20* of y« 10'" m to pay to y« country 10= p day, & y« Co'te aft' to estreate it to y" audito'. Upon y petition of John Dand, it is ord''ed,.y' if he shall tend' such ac- knowledg""', before or at y* Quait' Co'te, as y" said Co'te, w"' a coinittee of y° deputies, (vizj,) Cap? Keayne, Cap? Ting, survey' gen'all, M' Jackson, M' Browne, M' Glover, & M' Hills, or y° greater pt of y"", shall appve, & give sufficient security to y^ audito' gen'all for 50*, to be paid into y° Treasurer w'Mn 6 months now next coming, he shall y° be discharged. The rates of wharfige is coinited to M' Browne, M' Glov', & M' Cole- wharfage. burne, to examine & returne what they iudge meete to y° next session of this Co'te. College, Upon y* petition of Nicho : Davison, for y" 100* due to M" Glover, it is ord'ed y* 100* should be paid him, & when it is paid assurance must be taken of M' Davison of y* colledge to y^ countryes use, & M' Pet's is to pay 50* to y* colledge. * 3^ Whereas at y' Co'te of Assistants, houlden at Boston y oi -f V^ &, [*n9.] 1640, an action was brought by Willi: Cole, & Elisa:, his wife, ag' Franc ^ Doughty Doughty, deft, for c'teine goods & chattels, supposed to have bene dd in trust to y" said pi by j' said def'^t, Doughty, & one Bridget Doughty, according to an indenture of bargaine & sale between j" said pties, bearing ; 206 THE RECOKDS OT THE COLONY OF Co'te firme uncanceled, 16 4 7. date ^ , w"'' indenture was brought into y" said & & being pleaded, & all oth' evidence j»duced both by y« pi & their advocate, one 11 November. M' Thorn : Lechford, an ordinary solicito"' in England, & also by y« said deft, upon a full hearing y« iury found for y° def'^t, & gave him 10* costs ; & whereas at y same Co'te y° said Franc Doughty brought an action ag' j" said W"" Cole & Elisa :, his wife, for uniust molestation, whereupon he desired to have -f said indenture dd into y« Co''te & cancelled ; in w'='' case y^ iury found for y* pi Doughty w"" 4' 6* costs, & thereupon ye iudgm' of y" Co''te was accord- iiigly y' y* said deed indented should be cancelled ; notw"'standing this, for as much as y" said Elisa :, who was cheifly concerned in y* said deed indented, & had psonally sollicited in y* said cause in pcuring y« said Doughty to be arested, ^<3, was not g>sent in Co'te at y* time of y° triall, as her said husband was, y* Co''te thought fit to resplt y canceling of y* said indenture till y* Co''te in May then next following, w* was 8 months time, to y" intent y' shee might in y' time shew* cause to y» Co''te, if she had any, why y* said deed indented should not be canceled, according to y* iudgm' of y* Co''te ; & whereas y* said W" & Elisa :, by themselues or any atturny or agent for y", not appearing at y* Co''te next following y" said day of limitation, being in y 3^ ifi, called May, aforesaid, nor at any time before, to shew cause, as aforesaid, y* said deed indented, upon their said default, was canceled, according to y* iudgm' of y* Co^^te aforesaid ; in all w"*^ pceedings it doth not appeare y' y* Gov^'n'' & As- sistants, y° iudges in y° said Co''te of Assistants, have done any iniustice to y* petition', y* said Elisa : Cole haveing psued y^ ordinary co''se of iustice, ac- cording to y^ lawes of England, & y* law & custome of this iurisdiction nev^'thelesse, forasmuch as y* said petition'' complaines to this Co'te of greate damage she is like to sustaine for want of y* said deed indented, alleadging y' shee is able to pve y' y* aforesaid Bridget Doughty, one of y" pties to y° said indenture, had in her possession, & yet detaines from y" petition'', div''* of those goods intended to be bargained & sould in trust as aforesaid, (6, & forasmuch as it doth not appeare to this Co''te y' y« said petition' had any timely notice of y* said ord' of y" Co'te for her appearing, {d, before y* time limited as aforesaid, to shew cause why y* said deed should not be cancelled, she then living above 100 miles of & out of this iurisdiction, w"'' shee also upon her oath denied y' she had any notice thereof, y" Co'te, being very tend' of y* pe- tition's condition, being a widow, & of no greate estate y' appeares, & espe- cially out of their due care to ease all iust greivances, if any such should be in this case, w"*" yet if it were is not to be imputed to y° Co'te of Assistants, but eith' to her, y* petition', or her husbands negligence, or to an ov'ruling Pvidence hind'ing her coming to y* said Co'te, where she should have shewed THE MASSACHUSETTS BAY IN NEW ENGLAND. such reasons as might have fvented y« canceling of y« said deed, & for y' y« said is Franc ]5oughty now out of y" country, & cannot be called thereto, " ^"^^"^^^ have thought good & do hereby ord>^ & decree y' y'= deed indented aforesaid shalbe, be reputed hencefourth & to be, finne & as uncancelled to all intents & purposes, as full & of force & efficacy, as if it had not bene cancelled, so farr as y'= pow' & credit of this Co^e may ^vaile, riotw"'standing y" said iud"-m' of y^ said CoUe of Assistants, or any record thereof, & y' a vacat shalbe en- tered upon so much y^ said of record onely as concernes y cancehng of y" said deed indented, & y' y= order shalbe exemplified und"^ the scale of this colony, if y« petition' shall so desire. Upon M^ Tyly her petition, the Co'"te doth thinke fit y' y« fine of 4*, mentioned in her petition, stand chai-ged upon her husband, & be forthw"' levied accord^ to lawe. Also, y' all oth' fines of like nature be accordingly levied. Whereas God hath coiiiitted y« care & power into y* h^ds of pai-ents, [*180.] for y* disposs of their children in marriage, so y' its ag"' y" rule to seeke to 686- draw away y" afifection of yong maydens, und"' ptence of purpose of marriage, before theii- parents have given way & alowance in y' respect, & whereas it is a coinon practice in div""^ places for yong men irregularly & disorderly to watch all advantages, for their evill pui-poses, to insinuate into y" affections of yong maydes by coming to y*", in places & seasons unknown to their parents, for such ends, w'by much evill hath growen amongst us, to y« dishono'' of God & damage of y° pties ; for J?vention wherof, for time to come, it is ord''ed, by authority of this Co''te, y' w' pson soev'^, fro" henceforth, shall endevo"', directly or indirectly, to draw away y" affections of any mayde in y' iurisdiction, und'' ^tence of marriage, before he hath attained lib'"ty & alow- ance fro" her parents or gov''n", or, in absence of such, of y'= Co''te of y" sheire w''in y" niaydc doth inhabite, or of & und'' y" hand of one ma'"''", he 2'^ shall forfeit for y* first offence, 5* ; for y* offence toward y" same pty, 10*, & to be bound to forbeare any furth' attempt or pceed^ in y' unlawfuU designe w"'out or ag^' y° alowance aforesaid ; & for y" 3^ offence, (upon information to any zaa}""^*^ by such parent or gov^'n'', being bound to j)secute y* pty,) he shalbe coinitted to prison, & upon hearing by y* next Co''te, shalbe adiudged to con- tinue in prisoi^ntill y° Co''te of Assistants shall see cause to release him. The CoHe thinke fit to graunt M'' Knight a reveiw at y* next session of y* Co''te in y* first A, pvided he put in caution to answ' y° charges of y" Co''te, as in oth' cases, & give notice to M'^ Rob'^t Saltonstall, M' Sellick, & M' Cuts, one month before y" said session of this Co''te. In answer to y* petition of Haverill, y* Co'te, conceiving such vast Haueiill. 208 THE RECOKDS OF THE COLONY OF 16 4 7. grants to be greatly g>iuditiall to y" publike good, & little, if at all, advanta- "" ' ' gious to pticuler towneships, ap^bends 4 mile square, or such a j)portion, will accommodate a sufficient tract of land in sucb a case, thirike meete a coinittee be chosen to veiw y° place, & returne their ap]^hentions to y' next Gen'aU CoHe, to w* end, w"" y* petition"'s consent, they have nominated M"' Dum'', M'' Carlton, John Osgood, & Ensigne Howlet, or any two of y"", pvided En- signe Howlet be one, to do it. 687_ To y° end all records, wills, births, letters, & oth' instrum'= w* are of special & publike concernm', may be safely ^served & impved for y® good of psent & succeeding ages, it is ord^'ed by y° Co'^te, & y* authority thereof, y' forthw"" y' be, by direction of y* audito' gen'all, a strong presse made of very firme oake planks, w"' rabit ioyntes one into anoth'', about 6 foote high, 5 foote long, 3 foote broad, fro™ out to out, well bound, w"" 3 strong locks, of sev'all workes, y= keyes w''of to remaine in y* hand of y' Gov'n'' (one), y* Sec- retary (one), y*.Record' (one), w'^'^ shalbe chosen fro™ yeare to yeare ; in w"^"^ presse y"' shalbe div" coberds, for sev'^all uses, w"" supscriptions, for y° more ready recourse to any thing conteined y'in ; w* presse shalbe kept in some place convenient, at Boston, by direction of y° Gov'^n'" for y° time being, firo™ time to time, till y Gen'^all CCte take furth' ord"' : and furth', it is ord''ed, by J* authority aforesaid, y' w'soev'' any Co'te of record is or shalbe houlden or kept, y' y' shall some such like pvision be forthw* made by direction of y* iudge or ^sident, or eld' iudge of y* said Co''te, w"" two locks, one key whereof to remaine in y* hands of y* said, or eld' iudge of y* said Co'te, y* oth' in y° hand of y* Secretary or Record' there. g83_ There being w'Mn this iuxisdiction many memb'^ of churches, who, to exempt y™selues fro™ all publike service in y* comon wealth, will not come in to be made freemen, it is therefore ordered by this Co'te, & y° authority thereof, y' all such memb" of churches in y° sev'all townes w'Mn this iurisdic- [*181.] tion shall not be exempted from such publike service as they *are chosen to by y* freemen of y* sev'all townes, as cunstables, iurers, selectmen, & s^lrTey's of high wayes ; & if any pson shall refuse to serve such office, he shall pay for ev'y such refusall, being legally chosen thereunto, such fine as y' towne shall impose, not exceed^ 20% as freemen are liable unto in such cases. 689— It is ord'ed by y» Co'te, & y° authority thereof, y' in all wwnes w'*'in y' men to keepe 3 iunsdiction w' y' is no ma*'*'*, y° 3 men appointed to end small causes und' a record. •' . 40' shall, from time to time, keepe a true record of all such causes as shall come before y™ to be determined ; & ev'y plantiffe shall pay IS"* for ev'y c* so tryed, toward y° charge thereof; & y" times of y« meeting to be published, y' aU. men may take notice thereof y' are concern* y'in ; pvided, also, y' in all : THE MASSACHUSETTS BAT IN NEW ENGLAND. townes w' is a ma'™'*, y he shall keepe -f like record, & take y" like fee of 18'! also, it is ord'-ed, ; by authority aforesaid, y* where pties dwell in sev'all townes, it shalbe in j" lib'ty of y» plantiife in jv* towne to try his action ; & any Co'te may reiect any such cause if it hath not bene first brought to y" said three men, or one ma'"'°, according to lawe. Whereas a lawe hath passed y» Coi-te for reducing -f numV of deputies Deputies rep to one of each towne, it is now thought convenient, for some reasons apg>- hended by both houses, y' y° said lawe shalbe suspended, & not be of force before y" end of y" first session of y" next Co''te of Election, so as if it shall not y" sceme good to y" Co"'te to repeale y^ same lawe, it shall y° be, & remain, in full force, & be published accordingly. Where 3 men are chosen to end small causes, y« cunstable, w'l'in one 690- ™®°^ °**' weeke aft'' such choyce, shall returne their names to y« next ma'^*", who shall ^ sumon y™ forthw"' to appeare before him, who shall adminisf y" oath to y"" Yo", A B, being chosen & appointed to end small causes und' 40% according to y* lawes of y" iurisdiction, for this yeare ensuing, sweare by y« living God, y', w"^out favo"" or afiection, according to yo' best light, yo" shall true iudgm' give & make in all y° causes y' come before yo"- Associats are also to sweare, when & where y' are any. The lawes being to be put in print, it is meete y* they should be con- veniently penned ; y'fore it is desired y' y' comittee for drawing up y° lawes wilbe carefull y'^in, & to y* purpose they have lib^'ty to make some change of forme, to put in apt words, as occasion shall require, pvided y« sence & mean- ing in any law, or pt thereof, be not changed. The Co''te having nominated Ensigne Palm% of Charlestowne, Leif? Mason, of Wafto'vvne, & Thom : Danforth, of Cambridge, to be authorished by coinisslon to set out y* land of M'' Edw* Parks in Cambridge, w"*" hee had of Cap't Cooke, & make returne thereof to y" next Co'te, the commission to be to any two of y"", so as Thom : Danfort be one. « The Oath of y» Publike Notary. Yo" sweare, ^<3, y* in y^ office of a publike notary, to w°'' yo" have bene Notaries oath, chosen, yo'^ shall demeane yo'"selfe diligently & faithfully, according to y" duty of yo'' office ; & in all instrum'% writings, & acts y' yo" are to give testimony iinto, w" yo" shalbe required, yo" shall pforme y* same truely & sincerly, accords to y« nature y'of, w^i^out dely or covin, & yo** shall enf & keepe a true regisf of all such things as belong to yo"^ office. So help yo" God. Forasmuch as there are diva's inhabitants in div''s townes, who, leaving 691- voL. n. 27 ; 210 THE RECOKDS OF THE COLONY OP 16 4 7. their sev''all habitations, & y'by drawing much of y" incombe of their estates """"'"'^ ' to oth"" towneSj & y'by y* ministry is much neglected, it is therefore ord'ed by thereof, y' fro™ henceforth *all lands, cattell, r^,r>^, this CCte, & v"J authorityJ & [*182.] ' . _ oth'' estates, of any kind w'soev'', shalbe liable to be rated to all coraon charges w'soev', eith'' for y* church, towrie, or comon weale, in y° same place where y° said estate is. 692— Forasmuch as y* bounds of townes & of y" lands of pticul' psons are Bounds of carefully to be maintained, & not w"*out greate dang"^ be removed by any, w'''', notw^^standing, by deficiency & decay of markes, may, at unawarrs, be done, w'"by greate iealousies of psons, troubles in townes, & incumbrances in Co''ts, doth oft arise, w*'', by due care & meanes, might be ^vented, it is ord''ed by this Co'te, & y* authority y'of, y* ev'y towne shall set out their bounds, w'^in a twelue month aff^ their bounds are granted, & y' w° their bounds are once set out, once in three yeares, 3 or more psons of a towne, appointed by y° select men, shall appoint, w"" y° adiacent townes, to go y^ bounds betwixt their said townes, & renew their markes, w"'' marks shalbe a greate heape of stones, or a trench, of six foote long & two foote broade, y" most ancient towne to give notice of y* time & place of meeting for pambulation, w* time shalbe in y* first or second month, upon paine of 5* for ev^ towne y' shall neglect j° same pvided y' y* men appointed for pambulation shall go in their sev''all quarters, by order of y* select men & at y' charge of y° sev'all townes, & if any pticul' pportion of lands, lying in coinon w**" oth", shall refuse to go y* bounds be- twixt his land & oth"^ mens, once a yeare, in y* first or second A, being re- quested y^'unto upon 2 or 3 dayes warning, he shall forfeit, for ev'y dayes so neglecting, 10% halfe to y* pty moving y''to, y* oth"^ halfe to y" towne. Forasmuch as y* choyce of Assistants, in case of supply, is of greate con- c''nm*, & w"' all care & circumspection to be attended, it is therefore ord''ed by y° Co'te, & y' authority y'of, y' w° any Assistants are to be supplied, y° deputies shall give notice to their cunstable or select men to call togeth' their . freemen in their sev^^all townes, to give in their votes, to y' numb' of 7 psons, or as y« Gen'all Co'te shall direct, who shall y"^ & y' appoint one to carry y™, sealed up, to their sheire townes, upon j" last 4"^ day of y° first A, fro" time to time, w* psons, for each towne so assembled, shall appoint one for each sheire, to carry y™ to Boston, y« 2* 3* day of y« 2* month, y' to be opened before 2 ma*™'% & those 7, or oth'' numb'^ agreed upon as aforesaid, y* have most votes, shalbe y» men w* shalbe nominated for Assistants at y« Co^'te of as Election ; & any hath more votes y° oth', so they shalbe put to vote, & y agents for each sheire shall forthw"» certify all their sev''all townes, w' y* psons are y* are to come to vote ; & y* law 589 henceforth is repealed. THE MASSACHUSETTS BAY IN NEW ENGLAND. * To y« end measures weights may & be one & -f same throughout y= iuris- diction, it is ord'ed, by y« authority of y= Co-'te, y* Vin one month aft' y« pub- lication 11 November hereof, j" audito' gen'all shall pvide, upon y« countryes charge, such weights 693 & measures, of all sorts, as are hereaft"- ex^ssed, (for a continuall stan- derd, to be sealed w"= -f countryes seale,) vizj, one bushell, halfe bushell, one peck halfe peck, & one ale quart, one wine pint, one halfe pint, one elle & yard, as also a set of weights of brasse, to 4«, w^^" shalbe aft' 16 ounces pound, w"" meete scales, Steele f beame to weigh w"'all : & it is furth' ord'ed, by y"= authority aforesaid, y' y'' cunstable of ev^y towne w"'in -f iuris- diction shall, w*in 3 months aft' publication hereof, -f pvide, upon -f townes charge, at y° least of leade, or such like, all such weights & measures as are above ex;Pssed, tryed, & measured, by y' countryes standert, & sealed by y" audito' gen'all, (to be kept & used onely for standerds for their sev'all townes,) who is hereby authorished to do y° same, who shall receive, fro™ y* cunstable of each towne, 2'^ for ev'y weight & measure so j)ved & sealed, & y' said cun- stable of ev'y towne shall cofnit these weightes & measures to y* custody of y* select men of their towne for y* time being, who are hereby enioyned, w"" y" cunstable, to choose, out of their numb', one able man to be y" seale' for towne fro" time to time, & till anoth' be chosen, whom they shall f>sent at next County Co'te, y' to be sworne to y° discharge of his duty, who shall *have [*183.] pow' to send forth his warrant, by y" cunstable, to y* inhabitants of the towne, to bring in all such measures & weights, (as they make use of,) in y^ 2'* A, from yeare to yeare, at such time & place as he shall appoint, & make retume to y' sealer in writing of y° psons so suinoned, y' y° & y' all such weights & measures may be pved & sealed w"' y« townes seale, as in y' ord' for towne matt's, pvided by y' cunstable, at each townes charge, who shall have, for all ev'y weight & measure so sealed, 1* from y° own' y'of at y« first sealing ; & such measures as cannot be brought to y* iust stand't, he shall deface, & aft' neg- y« first sealing to have noth^, so long as they continue iust ; & y' none may aforesaid, y' if any lect their duty herein, it is y'fore ord'ed, by -f authority they shall for- cunstable, select men, or sealer shall neglect to execute y= ord', also pson treasury, 40» for ev'y months neglect ; & ev'y feit, to -f coinon appointed, they shaU neglecting to bring in y' weights, at r ^i^e & place pow' to levy y« whole by dis- pay 3» 4^ one halfe to y« seal', who shall have tresury. tres, & pay y* oth' pt into y« comon living w'^in iuris- 694- Whereas div's married psons, both men & weomen, -f England or elsw', by meanes w'of they diction, whose wifes & husbands are in y"" lewdnes filthines here Uve und' great temptations, & some of comit & ; 212 THE KECOKDS OF THE COLONY OP 16 4 7. amongst us, & oth" make love to weomen, & attempt marriage, & have at- tained it, some of y™ live und'' suspition of uncleamies, & all of y" great dis- 11 November. hono"^ to God, reproach to religion, comon wealth, & churches, it is y'fore ord'^ed, by y" Co''te, & y" authority y'"of, (for ^vention of all such future evills,) y' all such married psons as aforesaid shall repair to their relations, by y' first oportunity of shiping, upon y* paine or poenalty of 20*, except they can shew iust cause to y' contrary to y* next County Co^^te, or Co'"te of Assistants, to be holden at Boston, aft"^ they are sumoned by y* cunstable y^ to appeare, who 20° are hereby required so to do, upon paine of for his neglect ; jivided, y' y= ord' do not extend to such as ai-e come ov' to make way for their families, & are here in a transient way onely, for trafiq^ue or marchandize, for some small time. Whereas no pvision hath hith''to bene made ag"* burglary, & oth"" violent assaults ag°' mens psons & goods, y* want w'of may expose many, especially travell" & inland inhabitants, both by day & night, to y^ rage & cruelty of men of Beliall, wheth'^ Indians or oth', it is y'fore ord''ed by y" Co'te, & y' authority y'of, y' if any pson, in y* iust & necessary defence of his life or goods, or y« life of any other, shall kill any pson attempting to rob or murth' in y* feild or high way, or to breake into any dwell? house, if he conceive he cannot, w'"^ safety to his owne pson, oth'wise take y* felon or assaylant, or bring him to tiiall, he shalbe holden blameles. Exod. 22 : 2. Law bookes. It is agreed by y' Co"'te, to y* end we may have y« bett"^ light for making & pceeding about laws, y' y' shalbe these books following pcured for y« use of y« Co'te fro™ time to time : — Two of S' Edw* Cooke upon Littleton ; two of y« Books of Entryes two of S'' Edw'^ Cooke upon Magna Charta ; two of y« Newe Tearmes of y* Lawe ; two Daltons lustice of Peace ; two of S' Edw* Cooks Reports. 695- Whereas y' Co'te hath form''ly granted a plantation at Nashaway unto Nashaway. Jn" Chanl', Isa: Walk"", Jn° Davies, Jn" Hill, & Math : Barnes, & y' Jn" Hil is dead, Jn" Chanl', Isaac Walk', & Jn° Davies have signif od unto y« Co'te y* since y° said graunt they have acted nothing as und'tak'' y', nor layd out any lands, & furth"', have made request to y= Co'te to take in y« said graunt, mani- festing their utf unwil^nes to be engaged y'in, y* Co'te doth not thinke fit to destroy y« said plantation, but rath' to incurage it ; onely, in regard y'' psons now upon it are so few & unmeete for such a worke, care to be taken to pcure oth'S & in y« meane time to remaine in y" Co'ts pow' to dispose of y« planting & ord'ing of it. 696- For a more equall & ready way of raising monyes for defray^ pubHke charges m time to come, & for g>venting such inconveniences as have fallen ;; THE MASSACHUSETTS BAY IN NEW ENGLAND. £13 out upon form' asseasm''', is it ord'ed & enacted, by y« authority of y» Co'^te, 16 4 7. yt y€ Treasurer for y*' time being shall, fro" yeare 5"» to yeare, in -f &, 11 November, (w"'out expecting any oth"^ ord"',) send forth his warrant to -f cunstable & select men of ev'^y towne w'^^'in y^ iurisdiction, req^uiring y« cunstable to call togeth' y" inhabitants of y= towne, who, being so assembled, *shall choose [*184.] some one of their freemen to be a coinission'' for their to\^Tie, who, togeth' w"' y" select men for y" prudentiall affaires, shall, some time or times in y= 6"* A next ensuing, make a list of all y*^^ males in y® same towne, fro™ 16 year old & upwards, & a true estimate of all psonall & reall estate in y same towne, according to iust valuation, & to w' psons y* same do belong, (wheth"^ in their owne towne, or oth''where,) so neere as they can by all lawfull wayes & mcanes w'^'' they may use, vizj : of houses, lands, except such as doth or shall lye coinon, for y* feede of cattell, to y® use of y" inhabitants in geu''all, wheth' belonging to townes or pticul"^ psons, but not to be kept or bearded upon it, to y" damage of y* pprietors, mils, ships, & all smaller vessels, marchantable goods, cranes, wharfes, & all sortes of c:ittell, & all oth'' visible estate, eith'' at sea or on shore, all w°^ psons & estates are by y" said commission' & select- men to be asseased & rated as here followeth, vizj : ev'y pson aforesaid, except ma'™"^% 2. 6'» by y® head, & all estates, both reall & psonall, at 1" for ev'y 20% accords to y'= rates of cattell hereaffmentioned ; & for a more c'teine rule in rating of cattell, ev'y cowe of four year ould & upward shalbe rated at 5* 4* cv'y heif' & steer between 3 & 4 year ould, ; & between 2 & 3 year ould, ould upward, 50' J & between one & 2 year ould, 30'; ev'y oxe of 4 year & 5* 6* ; ev^y horse & mare 4 year ould & upward, 7* ; of 3 ye' ould, ; between ould, 30» 2 & 3 y' ould, 3* ; of one y' old, 40" ; ev'y sheope above one y' 20" ev'y ev'y goate above one year ould, 8' ; ev'y swine above one year old, ; are asse above a year ould, 40' ; & all cattell of all sortes und' a year ould their artes 8c hereby exempted ; & for all such psons as, by advantage of trades, ^d, are more inabled to help beare y" publike charge, y* coinon laborers & workmen, as butch'', bakers, brew", smiths, carpent", taylo™, shewmak", ioyn", barb", millers, masons, w"' all oth' manuall psons, & artists, ip, such for are to be rated for their returnes & gaines, pportionable to oth' men y' in y* rate pole, such psons as are disabled by sick- estates ; pvided, by -f servants chil- nes, lamenes, or oth' infirmity, shalbe exempted ; & for such & for y" but such as d'n as take no wages, their parents & mast" are to pay ; take wages are to pay for y"selues. sev'all townes in ev'y sheir And it is furth' ord'ed, y' y» comission's of f 4"" y« 7'" assemble at sheir towne, & bring shall yearly, upon -f day of &, -f aforesaid, asseasm' of •w^ y"", fairely written, y« numb' of males listed as & f 214 THE RECORDS OF THE COLONY OP 16 4 7. estates made in y'' sev'all townes, according to y* rules & directions in y« g>sent ord^ expressed ; & y* said comission", being so assembled, shall duely 11 November. & carefully examine all y* said lists & asseasm'' of y* sev'^all townes in y' sheir, & shall correct & pfect y* same, accord^ to y* true intent of y' ord'', as they, or pfected, shall spedily y maior pt of y"", shall determine ; & y* same, so they transmit to y° Treasurer, und' y'' hands, or y* hands of y" maior pt of y™ ; & y'upon y* Treasurer shall give warrant to y* cunstables to collect & levy y* same, so as y" whole asseasm* (both for psons & estates) may be paid into y® Q"" Treasurer before y* 20"' day of y° &, yearely ; & ev'y one shall pay their rate to y* cunstable in y* same towne w' it shalbe asseased j (nor shall any land or estate be rated in any oth"^ towne y° w' y* same shall lye, if it be w"'in y° iurisdiction ;) & if y* Treasurer cannot dispose of it y', y* cunstable is to send it to such place in Boston as y* Treasurer shall appoint, at y" charge of y country, to be alowed y* cunstable upon his account w"" y* Treasurer ; and for all peculi", vi2iy, such places as are not yet layd w"'in y* bounds of any towne, y* same lands, w"" y= psons & estates y^'upon, shalbe asseased by y* rafs of y" t^ne next unto it, y* measure & estimation to be by y® distance of j" meeting houses. If any of y* said coinission" or of y* select men shall witingly faile or neglect to pforme y* trust comlted to y™ by y= ord', in not make, correct^, pfect^, or transmitiag any of y* said lists or asseasm**, accord- [*185.] ing to y* intent of y' ord', ev'y such offender *shalbe fined 40' for ev^y such offence, or so much as y* coimtry shalbe damnified y'by, so as it exceed not 40° ; pvided, y* such offence be complained [of] & psecuted, in due course of law, w^'ia 6 months. And it is furth'" ord''ed, y' upon all distresses to be taken for any of y° rates or asseasm*' aforesaid, y* offic' shall distraine goods or cattell, if they may be had, & if no goods, y° lands or houses ; if neith' goods nor lands can be had w'Mn y* towne w' such distres is to be taken, y", upon such returne to y° Treasurer, he shall give warrant to attach y* body of such pson, to be carried to prison, y' to be kept till y° next Co'te of y' sheire, except paym' be made in y* meane time. And it is furth' ord'ed, y' y^ prizes of all sortes of come to be rec'' upon any rate by vertue of y= ord', shalbe such as y' Co'te shall set fro™ year to year, & in default hereof they shalbe accepted at y' price currant to be iudged by y* comission" of Suffolk & Middlesex. The asseasm' w* should have bene made upon estates y 6^^ A last, having bene omitted, shalbe forthw"' called for by the Treasurer to be asseased, & gath'ed, according to y' g>sent ord', (save onely for y° time,) w*"* all possible expedition for discharging y« ssB ingagm" of country. The form' f -f ord' for asseasm*" made y (9) 46 is THE MASSACHUSETTS BAY IN NEW ENGLAND. hereby repealed, saving y' clause for exemption of ma«™t«« for 500, ^6, y^^ is" ord'-ed to continue for 3 years next following aff^ y^ next Cone of Elections. The prizes of come, for y« rate to be " ^°^^'^^^'- now gath'ed, are ord'ed by y= Co'te to be, 4'« wheate, ; barly, 4»; rye pease, & 3i» ; Indian, 3' p bushell. It is ord'ed, y' in ev'y action w' y debt or damage recov^ed shaU amount 697- IQi, to y' to pay 5" more 10' ^°*^ """'^ y° y« paid at y" entry, & w' it shaU 20^ amount to °J '^'* or upward, to pay 10^ more, y= said additions to be put to y* iudgm', or exe- cution, & y« marshall to account for y"» to y« Treasurer. Whereas y' is ^vision made y* none but psons licensed shall di'aw or sell 698- wine lesse a q't' caske, y ^S, & y' j" audito' oftentimes takes wine for impost, y' oth'-wise wines may fall & & come into his hands, it is ord>^ed by y= Co'te, authority y'of, for bett' & incouragm* of y« said auditor y* hencforth it shalbe lawfuU for him to draw & sell wines to deacons & oth" by y« runlet, or gallcion, or oth'wise, for filing cases & bottles, (& no oth'wise,) any law, custome, or usage to -f contrary notw'i'standing, for w"'' he shall pay 50' p butt. It is ord'-ed, y* y« vintn'-s, id, shall pay for ev'y butt or pipe of sack SOsh", 699- & y retail' to give notice to y« audito' or his deputy of ev'y vessell he buies w"'in 3 dayes, upon paine of forfeiting y« same. It is conceived meete, y* y« towne of Newberry should ^sent anoth' cheife miUitary offic"^ in y roome of Lelf! Greenleafe, w™ they discharge accord^ to his request. is W" Blanton granted to keepe a cooks shop toward Eoxb'y, & to sell Biantons ij- ''™'^' beare, w"'' is left to y* Q-'t' Co'te. The case of y® will of George Abbot, late of Kowly, refered to y« Co''te, fd, is refered to -f next Co'^t at Salem, who have full pow'' fro" y« Co'te to heare & determine y* same, w"" all questions incident y'to, both about y« chil- drens portions & y" time of paying y"", & all oth' things occuring ; & y" ord' of y* Co'te to conclude aU parties, except y' Co''te shall see cause hereaft' to alter y* same. The Co''te doth conceive y' it was y« intent of y« ord'' in y= S"* & last, y' 700- y" marshall should have 12* in y* pound alowed him out of all fines gath'ed or to be gath^'ed up, paid or to be paid into y* treasury since y' ord' ; & they conceive he should take his oath befoi-e he hath any benefit hereof 7"^ 9"" i& ne tooke his oath. Thom : Marvill his case consid'ed about seling a gunn ignorantly to y* Indians ; & being credibly informed y' himselfe discov''ed his ofi'ence to a ma'"**, & bought anoth"" peece fro" y^ same Indians, {6, his fine is remitted. In answ'' to y" petition of y° search" of leath', conc''ning y* explication of y* sev'all branches in y° ord' concerning y° search^ of leath"', y« Co'te doth 216 THE RECORDS OF THE COLONY OF 4"" 16 4 7. conceive as foUoweth : y' w''as in y® branch of y* said ord' it seemes not to hold forth y' y^ leath' should be forfeited, except y* same be off'ed to sale, 11 November. yet in y^ Y"" branch of y° said ord"^ we conceive it is exprest, y' whosoev'^ shall [* 186.1 off" unsufficient *leath'' unto y° sealing shall forfeite so much of y' same leath' as by y" said search" shalbe found insufEcient ; conc^'ning y'= S"" branch of y* 9"" said ord', we conceive y' is no authority in it j & conc''ning y® branch, we conceive it meete y' y* search" forfeiture, for any ov''sight of his, should not exceed y' w"^ lyes upon y" tanner ; lastly, we conceive its iust y" search" should be alowed some thing pportionable to their paines, as a penny a hide for lesse y"' five, w" they are called to seale small peels, & for all oth'' peels aft' y® rate of 6'^ a decker. In answer to y« petition of M' Ting, conc'ning y* two guns, upon w* ap peareth, it is conceived y* two guns in question are y* pp goods of M"^ Fenwick. To be aded to y" ord' for gen'all trainings : It is furth"" ord''ed, by y' au- thority of y° Co'te, for ease of all souldiers, w" & w' y" regim'' are ex''ci9ed, y' so many dayes as they shall necessarily expend by y* iniunction of y* serieant maior, both in maixhing to & fro"" ex^'cise at gen^'all trainis^, shall be deducted out of y'' 8 dayes annuall train^. Willi : Fiske is dismissed furth' attendance ; Serieant English is dis- missed attendance. In consid'ation of y^ great charge y' y® towne of "Waftowne is at by keeps Thorn : Philpot, a distracted man, in prison, it is ord'ed by y° Co'te, y' y« said towne shall have pow' to make sale of y* said Thomas his house, ground, or oth' things, w'soev' things they find of his, toward their charges in keeping of him. J Upon y® petition of Waif Merry, it is left to his Hberty to appear at y* next Co't of Assistants, j' to answer for Capt Smith, & und'go y* iudgm' of y' CoHe in the case, or to pay w' they have forfeited. Christopher Lawson, upon his petition, is granted a hearing of his case for Thorn : Beard, at y" next Co'te of Assistants at Boston. Upon y* petition of Rob't Wing, he being above 80 years of age, & 4 smal children, & noth^ to live upon, 3?* Co'te is wiling y* y* fine shalbe res- pited, untill y* Co't shall give furth' direction about it. 701- The Co'te doth graunt y° towne of Waftowne to y* first of y* 4* & next, upon y* poenaltyes ^xed in y* form' ord' ; also, they have chosen M' Hibbens, M' Jn" Glov', y* survey' gen'all, & Edm" Eice, before y" first of y* first ifi next, to veiw & appoint a place to put up y* bridge, for y® best benefit of y^ country & towne w*''in y* bounds thereof Depu. Whereas a question hath faEen in y* Co'te wheth' would most conduce to ; THE MASSACHUSETTS BAY IN NEW ENGLAND. yo weale publike, in managing of y« affaires -f yof in -f Gen-'all Co^e, eith' by 2 deputies to be sent fro" ev'y towne now in being, or by one onely, & y^ipon 11 November div™ reports have bene given, some affirming y' it is y« gen''all mind of -f country to continue 2 of each towne now in being, oth" y« contrary, y« most desire it might be reduced to one, y" Co^'te being desiros to know y' mind of y" country herein, y' y» q^uestion may be betf decided, do ord'', y' a coppy of y' ord"^ shalbe sent to y« cunstable of ev^'y towne, shall who call all -f freemen togeth' & acq^uint y" herew"=, y' so they may declare their minds herein, to brought to be y" next session of y= Co'te by y deputies, in y'= first in, ac- cordinglj'. To y" end y'' may be convenient habitation for y* use of y^ minisfy in 702- ev'y towne in y^ iurisdiction, to remaine to posterity, it is hereby decreed, by y* authority of y" Co''te, w'' y" maior pt of y* inhabitants, according to y= ord' of regulating valid towne acts. Numb : „ , shall grant or purchase any habi- tation, it shalbe good in law, & y* pticuler suine upon each pson asseased by lust rate shalbe due, to be paid accordingly, as in oth' cases of towne rates pvided alwayes, y* such graunt be ent'ed in y* towne booke, & y^ deed of pur- chase & y^ deed of gift y'^upon to y* use of a ^sent ^ach^ eld', & his next suc- cesso'', & so fro™ time to time to his successo''s, & be acknowledged before a ma'"'"'', & recorded. Whereas sundry gentlemen of quality & oth" oft times send ov'' their 703 children into y° country, unto some freinds here, hoping at y* least y'by to ^vcnt y'"' extravagant & ryotous courses, who, notw^'standing, by meanes of *& expectation their [*187. some unadvised ill affected psons, w'^'' give y™ credit, in ] freinds, eith"' in favo'' to y™ or ^vention of blemish to y"selues, ^^'ill discharge w'ev"' is done y' way, they are no lesse lavish & pfuse here, to y* great greife of y'"' freinds, dishono'' of God, & rcpach of y" country, it is y''fore ord'ed by y^ Co''te, & y" authority y''of, y' if any pson, aff publication hereof, shall any way give credit to any such youth, or oth'' pson und'^ 21 ycares of age, w"'out ord'^ fro™ such their freinds here, in England, or elswhere, und'' their hands youth in writing, they shall loose their debt, w'ev"^ it be ; & furth"', if such incur any posnalty, & have not w'w"" to pay such pson or psons as are occa- sions y'of, shall pay it as delinquents in y« like case shall do. at M"^ Joseph Cooke, upon his petition, is freed fro™ ex'-cising y* company Cambridge, & fro™ being compelable by fine to attend upon ev'y training hereaff. to an Laws, The lawes now being in a manrf agreed upon, & y« Co'te drawing of form-^ lawes may be, w^out end, it is time to take ord' : 1. How all alt'ations lawes not altered be also mistaking, compared & fair written ; 2. Y* aU ould VOL. II. 28 218 THE KECOKDS OP THE COLONY OP 16 4 7. written in y' same coppy ; 3. Y' y' be a comittee chosen for y' busines, to be ' '^ ^ made ready ag'' y'' first day of y' first ifi next, so as y^ Co'^te of Assistants, if 11 November. they see cause, may advise for a Gen''all Co'te, to ]p>pare y" for y presse. 4. Y' y"' be lai-g margents left at both sides of y* leafe, & y° heads of each law written on y* two outsides y'of, & upon y^ oth' margent any refer- ences, scriptures, or y° like ; 5. Y' these be written coppy wise. The Gov'^n'', M' Bellingham, M' Hill, M' Audito', & M' Ting are ioyned in y* committee, to act according as in y' pap is expressed. The Co'te is not a little greived y' they cannot, as they would, make such returnes as might comfortably supply o"" occasions in England, & pve a comfortable incouragm' to o'' hono''ed & industrious agent, to go through w"' w' we have betrusted him, & insteed of a better way, desire y'= near townes, as Boston, Charlstowne, E-oxberry, Dorchesf^, Waftowne, Dedham, & Cambridge, may be inforced to bring in their pportions of y' next rate into y'^ Treasurer, w'l'in 20 dayes, & so y^ Treasurer, by way of Barbadoes, w"' M'^ Allen, or some oth'', may endeavo' a returne to o"^ agent of a 100', & y' some such as we know are able may be spoken w"' & writ unto, to give o' agent credit for w' he shall neede in y° meane time, till y° returne comes to his hand, w'^'' we assure shall not be long. It is ord'"ed, y' y* servants of Hugh GuUison & Willi : Philips shall have 20' alowed y™ for each house, out of y" treasury. The Co'te is adiourned to y" second third day of y*' first Si next. In answere to y" petition of Gawen Paint' & James Lake, concerning y« ship Gilbert, it appeareth to us, by y« ord'' of y* Geni^all Co'te in y" 3'^ A, 45, & by such evidence as M' RoVt Saltonstall hath pduced, y' he, y* said Rob''t, hath paid & engaged himselfe to pay M' Carpenf & y" rest of y* ships com- pany, for their wages, y" suine of 263. 5% w"^*" may be certified to y" petition" by y" Secretary or Notary ; & w' more to do (as y" case stands) we know not. 7Q3_ The Co''te thinke meete y* clause for exemption of ma'™''' be consid"'ed, Kep. wheth'' convenient to keepe y' law in force, or any pt of it, being pvided for thus: aff y° word repealed, y^ exemption of ma''"''''== for 500* estat is ord'"ed to continue for 3 y"'es. The Cone, being desiros y* pres^ ingagii^ of y<= country should be spedily discharged, y' no let may remaine in y* way to y* hind'^ance y'of for y' ]p>sent rate, desire y' y* selectmen & comission''s in each towne may be & are hereby required & authorished to make y* p>sent rate, charging y"= cunstables w"^ y« [*188.] *levying y'of by y' 20"^ of y'' 10"^ A next, according to & und' y« penalty of y« ord' ; for they conceive y° yeare too farr spent to afford a meeting of y« commission's in y" sheire towne. THE MASSACHUSETTS BAY IN NEW ENGLAND. 219 Whereas y* laws & ord^s of iurisdiction do authorish r appeales in 16 4 7. seVall cases, w"> sev-'all cautions, as in y« said lawes are ' ex^ssed, yet ofttimes ' is too sleightly attempted " ^°"°"'''- & impved, it is ord-'ed by y= CoHe, & yo authority yt y'of, whosoeV^ shall henceforth appeale fl-o» y« sentence of any Co^te, or Appeals. oth-^ pow-- by law established to heare & determine in causes coinitted to y^, shall record their appeale, w"> a breife recitall of reason f y'of, -f same day of y« sentence, shall & also, y» same Co'te, give sufficient security before y» iudge of Co'te, or oth' psons y authorished, to admit appeales such as may fully secure pson conc'^ned y« in y* cause, & defray all charges y' may arise in y» psecution y'of to effect, as y«.Co'-te or otli' psons aforesaid shall appoint; w'='' security shalbe recorded w*"^ y« appeale, at y^ charge of y« pty appealing, & certified unto y" Ccte to it is w* made ; & if any appeale be granted w*out such security as aforesaid, y« grant" y^of shalbe lyable to all w'" y« pty appeal^ in y' case should have done. petition Upon -f of y* towne of Dov"-, y" Co'te doth graunt comission to Piscataq. Bellingham, M' M' Saltonstall, & 2 or 3 more of y" neerest, ^6, togeth' w* Cap? Wiggen, M"^ George Smith, & M' Ambros Gibbens, to keepe Co'te at Pascataq, w" they or any 2 of y= said ma'"^"'' see fit ; & y' any 3 of y"" may keepe Co'te, so as one be a ma'™'^, -w"^ shalbe ^sident. . And furth', y« inhabitants of Dov"^ are granted exemption fro™ servi^ at y* Gen''all Co''te, except it be at y= Co^'te of Election, & so long as y* session shall continue ; & their fine for not appearing is remitted. For y* f>venting & according of long, tedious, & confused pleadings in 705- civill actions, & y° many complaints of defendants, alleadging y* they und''- ^^«*f"^"'Ji stand not w' to answere to, nor w' witnes to suinon, till they appeare in Co'te, as also for y' bett' ^serving y» records of all actions tryed in all Co'tes of ius- tice w*''in y* iui-isdiction ; & lastly, y' all actions of reveiw may be y* bett' discerned & iudged, this Co''te doth hereby ord'', y' all plantiffs or their attur- nyes in civill actions shall hencforth draw up a declaration, in a faire & legible hand, & shall deliv' it to y*' record'' or clarke of y* Co'te w' y° cause is to be tryed 3 dayes at least before y^ same Co''te, w''by y^ defend' may have time also to put ia his answere in writing, as above, & to suraon liis witnesses according to y* nature of y* declaration; & all actions shall be entered before y* end of y" first day of y^ Co''te. For y° more easy & speedy transporting of great artilery, w" & w"', also, 706- sometimes cattell, carriages, cafion, & feild peeces cannot passe, as also upon Leather guns, some suddaine designe to mount for advantage in an enemies workes, this Co''te doth ord', y' y"^ be, by direction of y* maior gen'all, 3 or 4 leath'' guims, of sev'^all sizes, sent for to England by y« first oportunity, at y* charge of y* 220 THE EECORDS OF THE COLONY OF « 16 4 7. country, w*, if found good & pfitable, may give light & incouragm' for y« ^ jicuring or making of more. U November. _ _ _ . , ~r,~_ For y* ^venting of many inconveniences y' oth''wise may arise upon y' yearly day of election, & y' y' worke of y' day may be more ord''ly, easily, & speedily issued, it is ord'^ed by y' authority of y^ Co''te, y' y" freemen of y" sev'^all townes & villages w^^in y^ iurisdiction shall, y' next yeare, & so from yeare to yeare, forev', make all their elections by beanes & papers, as hereaft' is ex^ssed, to be taken, sealed up, & sent to y' Cp'te of Election, as y° ord' appoints ; the Gov'n'', Deputy GovV, Maior Gen'all, Treasurer, Secre- tary, & Comission" for y* United Colonies to be chosen by writing, open, or once foulded, not twisted or rouled up, y' so they may be y' sooner & surer pused ; & all y" Assistants to be chosen by beanes, onely the white to be for election ; pvided, y* such as are made free upon y^ day of election, & onely they, [*189.] shall deliv' in their votes at y« dores ; & for *such small villages, ^d, y' sends no deputy to y° Co'te, y» cunstable of the said place, togeth' w* 2 or 3 of y« cheife freemen, shall receive y' votes of the rest of their freemen, & deliv' them, togeth'' w*'' their owne, sealed up, to y* deputy or deputies of y^ next towne, who shall carefully convey y° same to y' said Co''te of Election. •TQQ "Whereas impounding of cattell, in case of trespas, hath bene alwayes found both needfuU & pfitable, and all breaches about y^ same very offensive & iniurious, it is y'fore ord^'ed by y' Co''te, & y" authority y''of, y* if any pson catie. shall resist or rescue any cattell going to y" pound, or shall, by any way or meanes, convey y™ out of y" pound or oth"^ custody of y* law in case of tres- passes, w'^by y" pty wronged may loose his damages, & y* law be deluded, in eith'' case y° pty so offending shall forfeit to y« treasury, for a simple rescue, two pound starling, & shall pay double damages to y^ party wronged j & if it be done by any not of ability to answere y^ forfeiture & damages as aforesaid, they shalbe openly whiped, by warrant fro™ any ma'"''® before whom y^ offend' is convicted, in y towne w'' y° offence was coMtted, not exceeding 10 stripes for y* meere rescues or pound breach ; & for all damages to j" pty, they shall satisfy by ser-vice, as in case of theft ; & if it appeare y' were any pcui-em' of y* own'' of y^ cattell y'unto, & y' they were abettors y'^in, they shall pay for- feiture & damages as if y^selues had done it ; but if, w"^all, any violence be offered to y* pson of him y' hath y* distres, y" y* fine to be five pound, & y« pty wronged to be left to his remedy by action for any bodily harme sus- tained fro"' y* rescuer. IQg^ It is ord'ed by y' Co'te, & j' authority y'of, y* ev'y towneship w"'in y» iurisdiction shall henceforth have pow', & are hereby required, firo" time to time to make ord" for ^venting all harmes by swine in come, medow, pastures. THE MASSACHUSETTS KAY IN NEW ENGLAND. gardens, as also & to impose poenalties according to their best discretion, «& to appoint one of their inhabitants, by warrant und'^ y hands of y« select men, 11 Novcmbrr or cunstable W no select men are, to levy all such fines & pccnaUics by y" (if towne neglect it) in y' case f imposed ; & w"- townes bord'' each upon oth'^ whose ord''" may be vaiious, satisfaction shalbe made according to y« ord" of y' towne w' y" damage is done but if y" ; swine be suflficiently ringed & yoaked, as ord-'s y« of y» towne to w'^'' they belong doth require, y° w'' no fence is, or y' it be insufficient, through yv"^ y« swine come to trespas, -f owner of y"= land or fence shall beare all damages ,- & if any swine be im- pounded for damage done as aforesaid, & y be kept three dayes, & y' no pson will owne y", y' y« pty damified shall give notice to y» two next townes, w'' any are w"^iu 5 miles compas, y' such swine are to be sould by an outcry w^in dayes next after 7 such notice by y° pty damnified ; & in case none will buy, he shall cause y™ fo be apprized by y' cunstable, or one chosen by him, & may keepe y™ to his owne use ; & in both cases, if y'' own"' shall after appeare, y« ov'plus (all damages & charges being satisfied according to valluation of appraises as aforesaid in writing und"' their hands) shall forthw*'' be rend'ed to him ; & if any towne shall neglect to take ord' for ^venting harmes by swine, according to y^ law, more y" one month aft"^ due publication hereof, such towne shall forfeit to y^ treasury 40^ for ev^'y month so neglecting, to be levyed by y* marshall, by warrant fro" y^ treasurer, fro" time to time, aff conviction, ^(3, w" it is upon record. [Two lines which arc repeated on the commencement of the next page arc omitted in this printed copy- Pages 190 and 191 are in the haiidwTiting of Mr. Edward Rawson.] *:Milltary Affaires. [*190.] The miUtaiy officers of each company, in any publick meeting or oth''- uise in their oune toune, vpon sixe dayes warning, as ip. case of sufnons, or more, w"" the advice or consent of such souldje'^s as are allowed their votes in choyce MiUitaryiuwes. of their office''s, shall, from time to time, appoint the dayes for trayning their company^s, so as there be eight dajes appointed for the same euery yeai'e, & 5"^ 6"' none of them to be in the or &. 351 : 126. All majestrates, deputjes, office'"s of Court, elde's & deacons, the president, Magist., dcpu- officer's proffessed schoole ffellowes, students, & of Harvard Colledge, and all Qo\nt, eld's, ^''^p- masters allowed by any two majestrates, the treasurer, audito'' gene", survejo'' f-*-' trayninga. gcnnerall of the armes, ^(5, pnblick notarjes, phisitions, chirurgeons allowed by two majestrates, mastCs of shipps, & othe'' vessclls aboue twenty tvnns, mille''s & constant heardsmen, & such otlier as shall by any Court be dischardged, eithe"' for bodily infirmity or othe'^ reasonable cause, shall be exempt from 222 THE EEGORDS OF THE COLONY OP 16 4 7. ordinary traynings, watcliings, & wardlngs^ but not their sonns or serrants, saue one se'vant of efiy majestrate allowed exemption. 11 NoTember. the son' servants of the majo'' generall for the time Majf Gen, &c, And & household to trajn his being shall be exercised by his owne order, & not otheruise compellable to owne servants. N" 675. attend y* ordinary trajnings. All to be pro- But all those persons exempt (except magis*' & teaching elde''s) shallbe uided w"" are. armes. prouided of armes as other men Souldje's libe'- Euery souldje"^ Ijsted in any trajned band, hauing taken the oath of resi- ty- dents, & euery freeman, though not so Ijsted, shall haue his vote in nomination of military officers of y" company or toune ; prouided they be freemen whereof he is. 315. leif!, is N« 317, 609. And euery capl, & ensigne, so nominated, to be presented to the next County Court, to be allowed, ^. No. 315. If any person, who is by law to provide armes & amnition, & cannot purchase them by such meanes as he hath, shall bring to the clarke so much come or othe'' merchantable goods as,- by the apprizement of b^ clarke & two othe's of the company, whereof one to be chosen by the party, shall be ad- judged of greater value, by a fifth part, then such armes or annition, he shallbe excused of the pcsnalty for want of armes, but not for non appearance, ^6, vntill he be prouided ; & the clarke shall endeavou' to furnish him, so soone as may be, by sale of such goods depossited, rendring the party the ouer plus. 470. But if any person shall not be able to provide himselfe armes & amniticfti thi-ough meere pouerty, if he be single & vnd"' thirty yeares of age, he shallbe putt to service by some ; if he be marrjed, or aboue thirty, the constable shall prouide him armes, fd, & shall ajjpointe him w* whome to earne it out. Size of muB- No muscq^uet shallbe allowed for servjce vnder bastard musket bore, & not ketts. vnde'^ three foote nine inches in length, nor any peece aboue fowe' foote three inches ; & euery such souldjer is to be furnished w"" a primng wyer, worme, & scoure"^ fitted to y* bore of his musket. 606. Vpon any militaiy expedition, SmitK' to rep' armes, &c. vpon occasion of an enniemy, all smiths & other workemen are to attend the repayringe of arme*' & other necessarjes, & may not refuse such pay as the country affords, (521,) vpon pajne of fiue pounds for euery such neglect ; at othe'' times, more then tenn dayes, to forfeite for euery such offence ten shillings. SuTeyo' powe' The surveyo' gennerall hath power to sell any of the common armes to sell armes. where he see' occasion. Euery toune w"^"^ shall haue any armes or amvnition belonging to y* com- mon store of the toune, shall prouide a mee' place to keepe the same in, & shall safely p'"eserve the same, vpon 10' for euery weekes default. 193. THE MASSACHUSETTS BAY IN NEW ENGLAND. *The militaiy officers of eucry company in such places, at snch times as they shall appliend danger from an ennemy, shall haiie power to orde^ the souldje's of their companjes what armes to bring to the meeting houses at v« ^V^!"!!™''"' • 11 ill times of the publick assembljes, " & to take course for y" securing y" annes of remote farmes. 543. In euery company some vnde' office' shallbe appointed by the cheife coiTiand^ to excercise such children as, by their paren*^ or maste" allowance, shall resort to the traynings. 591. In times of danger, the watches & wards shall be set by the military office'^s, in such places as they shall judge most convenient, (447 ;) & if any man shall shoote of a gun after such watch is sett, excep' in case of allowance, he shall forfeit 40\ 612. The distinct dischardge of 3 muskets, or the continued beate of y= Alarums. drumn, or y" fyring of a beacon, or discharge of a peece of ordinance, or any one of these in the night, or the sending of a messenger on purpose to give notice of an ennemy at handj shall be accounted a gcnnerall alarum, w* euery trayned souldjer is to take iinediately, on pajne of fine pound. Besides the genrll alarum, there shallbe a speciall alarum for y' toune% viz' : one musket dischardged, w*^'' each sentinell shall answer by going to the houses in his quarte'"s, & crying, Axme, arme ; & if the danger appeare, the cheife officer may eithe' strengthen their q^uarters or give a gennerall alarum, & they may set their sentinells or courts of guard where they shall judge most conuenient ; & vpon certejne intelligence of an ennemy at one toxine, the comande''s of the 3 next tounes shall repajre thither w"' a sufficient company, according to the intelligence given them of the ennemjes strength. 531. The 3 cheif office's of euery company, or any two of them, shall haue powe' to punish such souldje's as shall commit any disorde' or contemp' vpon any trayning day or time of military excercises, or vpon any watch or ward, by stocks, bilboes, or other vsuall military punishment, or by fine not exceed- ing 20% or may coiiiitt such offendo' to the constable, to be carried before some magistrate, who may binde liim ouer to the nex' Court, if the cause shall so require. 520. Goun' to be It belongeth to the place of the GoQno'' for the time being to be gcnne'all gennell in ^ . service shallbe agamst an of all the miUtary forces ; but where occasion of tin^^s of peace, ennemy, the genne'all court or standing council may appoint some other to y" office, vntil the forces raysed shall be disbanded. 315. The law made the 14"^ of the 3^' mo., 1645, & the 12"' of the 6 mo., 1645, N° 598 & 599, together w"' this present law, to stand in force, & all 224 THE RECOKDS OF THE COLONY OF 1 G 4 7^ Other gennerall lawes & orde'^ concerning military afFajres ai-e henceforth re- ^ pealed. The constables watch to be refFerred to title constables. 11 November, In ordinary times, no dange"" appeares, the watch shallbe set by y* Constables when watch, &c. constables in the seuerall tounes, from halfe howe' after sunset to halfe an howe'' before sunn rising, from the last of the first moneth to the last of the 7"^ moneth; & euery person of 18 yeares of age, not exemp' by law, viz', magistrates, offi.ce"'s of churches, schoolemaste''s, cap', leiften', ensign, tresu', millers, & such as are bread to learning, & such as are dischardged by 2 magis- trates, being of able body, or of estate sufficient to haue another, w<='' any of the magistrates shall haue powe' to judg of, shallbe Ijable to watch in person, or some other able person, when he shallbe therevnto required by the constable of the toune ; and all persons of the family, whether son% servan'% or sojourne''^ are included in this law ; or if any shall refuse or neglect to watch according to this law, the constable shall present his name to one of the next magistrates, & if upon due conviction he cannot give a sufficient excuse, the same magis- trate shall give a warrant to the constable to levy 5^ by distresse, ^6, for euery default, to be implojed for the vse of the watch, & recompence besides to the constables, & such other for their time, i&, as shallbe necessarily implojed therein. Euery toune shall haue alwayes a watch house convenient for that ser- vice, except the meeting house stand so as it may serve in stead thereof, vpon poenalty of 10^ a weeke for default thereof. All other orde''s, touching the constables watches, are repealled, associats & farmes to stand as by other lawes. Woronoco to It is ordered by this Court, that "Woronoko, vpon Connectico' Ejver, w^'in Springfeld. y' jurisdiction, shallbe & be reputed as a part of y° toune of Springfeild, & Ijable to all charges there as other pts of the same toune ; vntill errecting some oth'' plantation more convenient, it shallbe thought fitt by y* Court to annex it to such new plantation. [In the handiviiting of Secretary Nowell.] [*192.] *M'' Pinchin is authorished to make freemen, in the towne of Springfeild, of those that are in covenant & live according to their pfession ; & Springfeild, within twelue months, to bring in a transcript of their land, according to y* law in that case pvided, and a true note of the time of all their births, burials, & marriages. [The remainder of page 192 is by Mr. Kawson, except the town marks, which are marginal entries by Mr. Nowell.] And further, the inhabitants of Douer are granted exemption from serving at the Gennerall Court, (except it be at the Court of Election, & so long as that session shall continue,) and their fine for not appearing is remitted. THE MASSACHUSETTS BAY IN NEW ENGLAND. 225 1G47. Towne Marks agreed by y- General Co^te for Horses, cx, x x x x x, ordered to be set upo" one of y" nere q't" x x. 11 November Charlestowne, Braintree, "Hingham, •©•ambridge, "Roxberry, fiampton, "Concord, Rowley, Haverell, Salem, redding, Sloster, $alsberry, W afto wne, |VI eadford, Sudberry, /Weymoth, TTlanchest' ^trawberi-ybanke, "VlBoburne, Andiver, Dorchester, ^ortham, I>ull, dedham, Linn, fpringfcild, Dover, Ipswich, X ashaway, "Boston, N ubcrry, Exiter. It is ordered, by authority of this Court, that the trading house at "Wo- ronoco, & all othe"' trading bowses, errected or to be errected, mainteyned or vsed w"'iu this jurisdiction for trading with the Indjans only, or cheifely, shallbe contributory to aU publick & cofiion charges, both in toune & country, & eucry such person as shall inhabit or trade in any such trading house, or neere the same, shall pay vnto the publick treasury, by the hands of such as shallbe assigned to receive the same, for eueiy skins of beavar, otter, beare, or moose, two pence ; and if such person, so assigned, shall haue cause to sus- pect that any such trader hath not given a true account of all such skins so traded, he shall informe one of the nex' magistrates thereof, who shall send for such trader, & require him to deliuer account, vpon oath, w* if he shall refuse to doe, he may comitt him to prison, or take bond of him, w"" surety for his appearance at the nex' Cour' of Assistan'% to answer his contemp', & be proceeded w"" according to justice. And it is further ordered, that all such skins, so receiued by way of trade, in or neere such trading house, for w'^'' the said impost of two pence p"" skin shall no' be sattisfied w"'in one wcekc after demand thereof, shallbe forfeite to the publick treasury, or the value thereof, to be Icvyed vpon warrant from any one majestrate vpon any skins or other goods in such trading house. 16 of the 9 ifi, 1647. By the Court. M'' Treasurer, yo"' are hereby au^^orized & required to send forth you' warrants to all the tounes w'l'in this jurisdiction, according to the direction" all belonging to yo'' office, expressed in the order of assessments, requireing constables, selectmen, & coinissione''s for tounes, from time to time, & from impar- point to pohit, to list, assesse, correct, transmitt, levy, & make paymen' VOL. II. ^9 226 THE RECORDS OF THE COLONY OP 16 4 7. tially in all respec*% according to the expresse rules & directions thereof, only for the present rate the selectmen & coinissione's in each toune are required & 11 November. authorized to make the assessment vpon the estate according to the plajne inten' of the orde', as neere as they can, & to charge the constables w"' levying & paying the same to the Treasure"^, before the 20* of the next 10"^ moncth, according vnto & vnder the pccnaltjes of the orde' aforesajd, & is otherwise, by former order's, prouided for. Yo"W are also to require the selectmen & coinissione^s to send yo" coppies of their assessmen'% so soone as they are made, that yo'' may know what to require and receive of each constable vpon the same, according to the warran*^ to yo™ directed to that purpose, hauing put in old coinissione''s. M' Treasurer, yo''' are to take notice, that Boston, Charls Toune, Rox- bu'"y, Dorchester, Cambridge, Water Toune, & Dedham are required to bring in their seuerall proportions of this rate to yo'^, w"'in twenty dajes : the ground thereof, with the end, yo" will be enformed by the Secretary, by an orde'' passed both houses thereabou''. [In the handwriting of Secretary Nowell.] 16 4 7-8. *At a Session of the Gerfall Courte, the First Month, 1647 or 1648. answere to the petition of Nicho : Davison, for M''' Rebecca March. T-^ M' Cradock, [*193.] _l_ alias Glover, for divers sufnes of mony disbursed for the country, of w"^"" he saith resteth due 679. 6. 4*, the Co'te doth referr this to the audito' gen'"all, to examine the matter of the petition, & to certify this Co'te what he shall find concerning the same. It is ord'ed by this Co'te, that M' Gawen Painter, shalbe alowed to try an action against M' Rob't Saltonstall & ptners, at the next Co''[t], at Boston, about the goods of the said Gawen, seized for seamens wages, notw"'standing any former ord' of this Co'te. 710- Upon the petition of Norfolke, the Co''te doth thinke fit that the sheir towne of Norfolke be refered to furth'^ consid'ation, & the magistrat[es] to agree some of themselues to keepe Co'te, as is desired, & that they have liberty to choose gentlemen of worth, in or out of their sheire, for associates, that not called out of their & they be sheire to gen''all traineings there ; pvided they trayne 8 times a yeare, according to law, & be und' the comaund of the serieant maior of Essex, to gen''all trineings in their sheire, or otherwise, in times of danger. THE MASSACHUSETTS BAY IN NEW ENGLAND. 227 John Stedman, Weing bene ensigne of the company at Cambridge about 1 6 4 7-8.'' six yeares, is freed from ' serving as a comon souldier there. r— It is ordered by this Co'te, that ^"'''• all the land on the east side of Coiietecot Ryver, from the towne of Spiingfeild downe to the warehouse w* they for- merly built there, shall belong to the towne of Springfeild, for the ;psent & Springfield, during the pleasure of the Co-'te, & twenty poles below the warehouse. It is ordered, that the first Co^te in Norfolke shall be kept the last third day of the 2'^ month, at Salsberry, & to have the same magistrates that keepe Co'-te at Dover, & in the meane while liberty to choose their comissioners, & to take their oathcs before the same magistrates. It is ordered, by the authority of this Co'-te, that Maior Dan[iel] Denison, IV Rich'-d Duiner, & M' Hubberd, or any two of them, shall assist M' Sy- monds, or such other magistrate or magistrates as can attend the keeping of the next Co'-te at Ipswich ; & they, or any thi-ee of them, (Avhereof M' Symonds to one, be or some other magistrate,) shall have poW^ to heare & determine all causes, both civill criminall, & refered to -f cognizance of that Co'-te, accord- ing {^ law ; j>vided that they take their oathcs. At the request of the countye of Middlesex, they are granted to have 711- two Countye Co'-ts therein, the fii-st to be kept the last third day of the 8"' month next, & their other Co'-te the last S'^ day of the 2^ & after. The Co'-te doth conceive it meete that John "Wayte, of Charlestowne Village, shall be alowed, out of the next coiintiy rate, for his writing one booke of the lawes, & for finding paper for both bookes, 4* 18sh'. M' Pendleton & Willi : Parks are ioyned w*'' the audito'^ generall to take an account of the magistrates expences for dyet for this session, & so ev''y ses- sion two of the deputies shall be chosen for that purpose. ^ Capt Ting, M"^ Glover, Leif! Pendleton, Willi: *Parkes, & Edmund 7lo_ Jackson are chosen a comittee, they, or any of them, to veiw Mistick bridge, [*194.j & to certify the next Co'-te, the two first to give notice & thi-ee dayes warning to the rest. John Lovell is abated his fine of 5* to 20sh'. On condition that the towne of Linn sufficiently repaii-e their bridge be- TIS- fore the Co'te of Election, & for ev'' keepe it & mainetaine it in repaire, they shall be allowed 20sh' a yeare, from the publike treasury, forever, to be paid out of their yearely rate, or otherwise. Whereas this Co'-te hath taken notice, by severall complaintes, that cer- teine people, intruding themselues into the land at Shawamet, pteining to this und' this iurisdiction, 1. have destroyed much or aU the corn the pore Indians, 228 THE RECORDS OF THE COLONY OP 16 4 7-8. goverm', had planted there last yeare, for the subsistence of themselues & "^ '^ ' driven supply — families, so that this Co'"te hath bene to them ; 2. That they, or some of them, have wronged the English there, under this goverm', by entering into one of their houses, in a violent manner, & offered to search his house for what they pleased, ^senting a pistoU to his breast, in a threatening — manner ; 3. That they tooke away a gunn, out of an Indian wigwam, apperteining to the country : — The pmises consld'ed, the Co''te doth conceive that it is meet to send three discreet messeng^'s unto them forthw"', (by reason planting time groweth on so fast,) to inquire & certify us the truth of these things, & w"'all, to ^ent the like for the future, that they be required, from this Co'te, ^sently to quit the place of Shawamet, & make restitution for the wrong they have done, both to the English & Indians there, w"='' course taken, (upon returne of the messengers,) Evidence may direct seasonably to answere our engagem'" to o' people there, according to God. Further, when these messengers have done their busines at Shawamet, in case they conceive not satisfaction they shall go to Roade Hand & Providence, & acquint such as are in cheife author- ity there wherefore they were sent to Shawamet, & that this Co'te doth desire to know ? Wheth' they will owne them & maintaine them in this course they are in. The Instructions w'''^ this Co'te giveth to yo", John Johnson, Surveyo"" Gen'', LeifJ Josua Hewes, & Serieant James Oliv"', Messeng'^ to Shawa. 1. Yo" shall first informe yo'selues, & consid' how the intrud" into that plac* (& thereabouts) do stand affected in regard of the pticulers in this case mentioned, vizj : wheth' they do genially incline to make satisfaction, or to psist in maintaining what they have done, or wheth' Weekes, or some pticuler psons, onely do psist. 2. That yo" demaund of them to express? their answere by one or two, in the name of the rest. 3. That yo" be carefull to act ioyntly, that yo" may be able to give the fuller testimony about the pceedings on eith' part, & to take the Arnolds w"^ yo", as yo" shall see occasion. These instructions to be aded to the order of Co^^te. 714- This Cone considering the great pill w"'' men, horses, teames, & oth' cattell are exposed to, by reason of defective bridges & high wayes between [*195.] Boston & Salem, & elsewhere in this iurisdiction, *it is therefore ord'ed, that THE MASSACHUSETTS BAY IN NEW ENGLAND. 220 if any pson loose his life in pas[sing] any bridge or high way aforesaid, (after 1 G 4 7-8. due warning given of such defective wayes & bridges,) the countiy or towne March who ought to secure such wayes or biidges shall pay a fine of 100* to the Defectiue . parents, wife, or children of the party so deceased; & if any pson loose a ^^ig^s liinc, brealce a bone, or receive any oth''' brush or breach in any pt of his body, by such raeanes as aforesaid, the country or towne thi-ough whose neo-lect such hurt is shall done pay to the party double damages ; the like satisfaction shalbe made for any teame, cart, or carriage, horse, or oth' beast, pportidnable to the damage sustained, (as aforesaid.) Upon treaty w*'' W Wintlirop touching the making of salt out of meer Salt, salt waf, for the use of the country, it is ap^hended & assented, by both part% that for incuragment of the said worke, being of so gen'all concernment, it is enacted, by authority of this Co'te, that for so many families or hous- hold" as are resident w"'in this jurisdiction, M'^ Winthi-op shalbe paid, after the next harvest, so many bushels of wheate, or of other corne & wheate, to the value of wheate, yet so as the one halfe of it be in wheate certeine, upon the delivery of so many bushels of good white salt at Boston, Charles Towne, Salem, Ipswich, & S publikc rates, upon two months notice given by IVt AVinthrop unto the cun- stable, selectmen, or comission'' for publike rates for each sheire towne, who hereby shall have power to levy the said corne in pportion, according to the rules of rating for estates, & also to apportion the salt to their inhabitants ; & furth"^, it is ord''ed, that the comission''s aforesaid for the second yeare shall, on the behalfe of the houshold" aforesaid, receive & make paym' at the places aforesaid for two bushels a family of such like salt, at the price of 3sh° p bushcll, & apportion it as aforesaid, according to the numb"^ of families ; & also that for oth'' two yeares the coraission" aforesaid shall take of & make paym' for two hundi-ed tun° of salt, at 2"* p busheU, at such salt worke as the said M'' Winthrop shall appoint, so it be w">in this iui-isdiction ; also, it is ordered, that he shall have liberty to erect workes in any place or places w^in this iurisdiction not apppriated to any towne or pson ; & also where any such place or places apt for such worke shall be found in any ppriety, it is the earnest desire of this Co'te that the townes & psons to whom it belongs will, for reasonable consid'"ation, resigne the same, W^*" we conceive & confidently hope nil will willingly & cherfully do. D. humil. This Co^te, haveing consid-'ed the intelligence w-^"^ came lately fi-om Eng- land of the great distrac;tions w"' they are in, & the dangers W"^ they lye open coun- to by occasion thereof, & also the Lords visitation gen'ally through this oth' try the last sumer, by an uuknowne disease, & the damage in o' corne & ; • — 230 THE RECORDS OP THE COLONY OF 16 4 7-8. pvisions by the di-ought, & being senclble also of the great mortality of o' "" '^ ' country men in the West Indies^ & having cause to feare least o"' sinnes may _ ' pvoke y" Lord to lay more heavy corrections upon us, in y* like or other kinds, this year following, have therefore agreed & ord''ed, that these things should forthwith be intimated to all y* churches w'l'in this iurisdiction, to the end that they may be stired up to seeke y'^ Lord, for ^vention of these evils ; & for this purpose, y^ 20"^ of y* 2* A next is appointed & set a pt to be kept a day of humiliation in all y* churches; & all psons are here [by] required to abstaine from bodily labo' that day, & to resort to y" publike meetings, to seeke y® Lord, as becomes Christians in a day of humihation. Dated this 5*"^ first month, 1648. [ 196..J *The Co'te being informed of y* defects of y prison by a coiuittee, 1. That a great pt of y" groundsils & y« tenants of y« studs are very rotten 2. Y' y® ptitions w"'*' divide y* roomes are very weake, to keepe prison's a part 3. y much of y" planke y' cov" y* house is very rotten, so as it will be necessary there be a new covering, it being very uncomfortable as it is ; 4. Y' y* pales w* compas in y* prison will in pbability soone fall, if there be not course taken to post — spedy new them j The audito'' & survey' gen'all are appointed to ov'see y* worke, & to agree w*'' the workmen as they, in their wisdoms, shall thinke best, that it be done substantially, the house to be cov^ed w"" shingles, w^'' done, y* upper roomes may be of great use to y* country in sev'all respects. The Co'te doth desire that M' Eawson & M' Hill compare y* arnend- ments of the bookes of lawes passed, & make them as one ; & one of them to remaine in y* hands of y* coiiiittee for y* speedy coinitting of them to the presse, & y® oth' to remaine in y' hands of y* Secretary, sealed up, till y» next Co'te. Upon y° petitions of M' RoVt Saltonstall, ye Co'te doth conceive y' y* part of y* petition w*"^ concernes y* respiting of y« petition about farm' Dexter, may be granted untill y^ next Co'te : pvided y' Eob't Saltonstall give in suf- ficient security to abide y® ord' of y« Co'te, & also to answere all damages, the security to be alowed by y* Secretary. In answere to y* petition of some of Excetter, the Co'te doth thinke meete y' M' Ezechi : Kogers, M' Nathani : Kogers, & M' Norton be requested by this Co'te, & authorished, to examine y^ grounds of y* complaint, &, if it may be, to compose things amongst them, w"='' if they cannot do, then to certify this Co'te what they find, & also thinke best to be done, w^*" may conduce to peace, & continuance of y« ordinances amongst them ; also, y' y° parties on both partes be enioyned, by authority of this Co'te, upon notice to them given ;: THE MASSACHUSETTS BAY IN NEW ENGLAND. gSl by the said comission", to come to such place, & at such times, as they shall 1 6 4 7-8. apiK)int, for hearing & composing the same. ^—^^ Leifi Johnson, upon his request, (being ^'^'^' pressed w'" many ui-gent oc- casions,) is dismised fro™ any furth"^ attendance on j" service of -f Co''te. The most of the freemen desiring their form' lib'ty of sending one or .Depf, two deputies to Gezfsll Co'ts f from time to time, the former wonted liberty is continued, & y" former act in suspeuce is repealed. In answere to y" request of y" traine band of Salsberry, y|= Co''te doth alowe & approve of their choyce of E.ob''t Pike for their leiftenant, & Thoma Bradbury for their ensigne, & confirme them therein. In answere to Benedict Arnolds letter, y'' Co-'te doth thinke it meete to alow him lib''ty to take up 50 bis. of Indian come, for supphuig of y Indiiins there therew"^, for w'='' he shall be satisfied here in wampam, deshing that strict ord"' may be taken for recov''y of y" wampom due from Pessicus. y" petition of Upon M"^ Katherine Dudly, late y« wife of Samu : Hack- burne, for y° deed shewed to be made good, by authority of this Co'te, accord- ing to y* contence thereof, & so to be endorced und'^ y* hand of y" Secretary, & if any iust cause shall be shewed to this Co^^te w"'in one yeare to the contrary, then this order to be revoked. Whereas, upon a cause coinenced in y" Co''te of Assistants, at Boston, the 3" of y first 111, 1645, between RoVt Saltonstall & David Yale, plantifs, & Abra: Shurt, defend', & upon a difference between y Co''te & iuiy, y* cause was refered to y" determination of this Co'te, who, upon hearing all parties, made an ord' for y* confiiining of y* title & right of *the plaintiffs ; & whereas, [*197.] at y last session of this Co'te, y* said defend', by Rob't Knight, his atturny, petitioned this Co'te for a reveiw of y° said cause, w'^" (for some speciall consid'ations) was granted, now this Co'te, upon y« appearance of y* pties, plaintiffc & defend'', & M' Rich'-d Cutts, agent for M' Sampson Lane, & y" atturny of David SeUick, & M' Jolm Maning & David Yale, & upon hearing y" pleadings on all pts, by y' said parties & their advocates, do find no cause to alter y form' order of this Co'te, as y cause was then stated & refsented but for as much as it now appeares, upon furth' evidence, that y'' said Rob't Saltonstall, from whom the said David Sellick & Cuts do clayme, had no iust & true right (though legall) to y house & land in question, when he bargained & sould y same to y* said David Sellick, from whom it came by conveyance to y* said Cutts, or Sampson Lane, in whose right he claymes, id, Maning David but that y true right & title thereto were in y" said John & severall Yale, who, since y" said last session of this Co'te, conveyed theh that said Rob't interests to y» now plantiffe, Rob't Knight ; & finding also y 232 THE RECORDS OF THE COLONY OP 16 4 7-8. Saltonstall was reputed to have sixty pounds interest in y* said house & land, " '^ ' & possession thereof at y" time when he sould y° same to y* said David Sellick, March. , • i /» & that the bargaine & sale thereof was inroaled, whereas y° bargame & sale of y° said John Manning was not inroled, & that y« said John MaSiiag & David Yale, haveing then right thereto as aforesaid, & knowing of y* said bargaine & sale, did not make their due clayme, or forbid, or use any meanes to hind' y* sale thereof, ^6; & finding, also, that y* said Rich: Cuts was purchaser, at y" second or third hand, & for valuable consideration, & that, depending upon y* former ord'' of this Co'te, he hath expended more then the said house & land were then worth, in repairing y' same, & filing them for his occasions ; upon these consid''ations, this Co''te doth ord"" & determine as followeth : that y" said Eich'd Cutts shall enioy y* house & land in q^uestion, according to y* estate & interest granted or conveyed to him, or Sampson Lane, from y^ said Rob''t Saltonstall, or David Sellick ; & that y* said Rob''t Knight shalbe paid & satisfied sixty pounds, due to him from Thom : "Wannerton, upon a morgage of said house & land in question, & also twenty pound, w'^'" he paid to y" said David Yale for his interest, w"*" said severall sumes shalbe paid to him by y" said Rob''t Saltonstall, for w* y" said Rob""! Knight shall have execution against y* estate of y* said Robert Saltonstall, both lands, & goods, & against his pson, (if estate cannot be found,) w"'out any furth"' suite, untill he shall be fully satisfied ; & y* Co''te doth adiudge M"^ Manings interest to be lost for want of enroaling, & he left to his remedy upon y* bargaine from M' Saltonstall ; & furth', y* said Rob't shall pay, as a fine for his miscarriages aforesaid, (whereby all y* charges & troubles aforesaid have growen, both to this Co'te & y" parties,) & also shall pay unto M'' Knight, for y« charges of this ]p>sent Co'te, eight pound & six shillings ; & this ord' to be a finall determination between all y« said parties, concerning y* said house & land, & all differences arising there- upon ; & M' Rob't Saltonstall is fined five pound, & is debarred from pleadin"- in other mens causes in any Co'te of iustice, except himselfe have reall interest therein, These ^sents witneseth that I, Martha Coytemore, crtmor &^er of Charles Towne, Bona estate. widow, executrix unto my late husband, Thom : Coytemore, deceased, in & for y* more sure accomplishment of his said last will & testament, bearing date the 25 "" of the 6"^ A, 1642, by y/'^ he did bequeath & give his whole estate unto child, his my selfe & sonne, Thom : Coytemore, as by y said will doth appeare, ^ff''^ estate did amount unto y* sume of twelue hundred sixty six pounds, nyne shillings, seaven pence, as by the inventory thereof doth appeare, & now bein^'- purposed, by y* pvidence & pmission of God, to enter marriage w"^ John Winthropp, Es^, Gov'n"' of -f Massachusets, in tend' respect, also, to my said — THE MASSACHUSETTS BAY IN NEW ENGLAND. 233 child, & oth'' consid''ations mee thereunto moveing, w*'' the advice *& consent 16 4 7-8. '"'^"'^ of my beloved broth', M'^ Increase Nowell, one of y« ov'seers of y« said will, '^°''' as also by y* direction & w"' y" good liking of y^ said John Winthropp, have .f agreed, & do hereby covenant, graunt, & agree, that all & every y» pticulers hereaft' mentioned shall hencefourth be & be accounted y« pp estate of my said cliild, as his halfe pt of y" estate come to my hands, by vertue of y" said last will & testam', & also do ordaine & appoint my beloved brethren, M' Increase Nowell, M"^ Willi : Ting, M' Joseph Hill, & Willi : Stitson as feoffees in trust, & trustees in y* behalfe of my said child ; into whose hands & pow', to y" onely use & behoofs of my said child, I do hereby estate & intrust aU y« pticulers hereafter mentioned, as aforesaid, as well lands, houses, mils, & oth'' goods, in nothing to be alienated, allessed, or diminished by me, or any oth' pson or psons whatsoev', w*''out y'^ ord' & consent of y* said feoffees, or y maior pt of them, or y" surviv" of them, und' their hands, in writing, & that to y* benefit of y" said child ; w'^'' said division I also agree to, & desire it may be ratified by y° next Gen^all Co'te, & confirmed ; & y* said feoffees author- ished to do, execute, pvide, & pforme, on y° behalfe of my said child, in all things, according to y" true intent & meaning of this ^sent agreem', & accord- lesse, y' all y" revenue ing to y« last will & testam' aforesaid ; pvided, nev' the of y^ said housing, lands, mills, & cattle, as also so much of y= oth' estate, hereafter mentioned, as shalbe put into land, or oth' impvm', for annuall advantage or incombe, shalbe & remaine to my owne use & benefit, & for edu- cation of my said child, untill he shall come to y'^ age of discretion, & further, unles he shall before till he shall accomplish y age of twenty one yeares, shall (being capable thereof) make choyce of some other guardion, till he . also, y* if it so come to passe y' any pt attaine his full age afore'said ; pvided, Coytemore, as of y* said estate shalbe disposed unto my moth', M'« Katherine of estate of my said is pvided in y*' said will, Wkn y« feoffees shall pay out y" y° agreement & child in ^portion, as is pvided in y« said will, notw^'standing hereunto put my division hereby made & exf>ssed. In witnes whereof I have hand & scale, y* 20'" of y« 10* &, 1647. blew, ml 06 00 One new feath' bed, boulst', 1 9 towels, 5% 3^ duss : nap- kins, 32i% .... 01 17 06 VOL. II. 30 — 234 THE RECORDS OF THE COLONY OP 164 7-8. Y«otli'pt, . . . .y026 0110 4 cows, 20*, ^ new . " 500 acres land at Wooborne, 50 00 00 mill, . . . . 110 00 00 March. : debt, Y« house, garden, ((3, . . 120 00 00 ^ Colo Rainboro 75 13 00 . . ^OOl Halfe y« furth' mil, . . . 100 00 00 A copp furnace, 10 00 5 cowe comons, .... 010 00 00 130 acres land at ell- 23 hay lots, ^041 00 00 pond, . . . . 22 00 00 85 acres of land by mil, . 63 10 ffO A -warming pan, & copp fry* ^^620 00 00 pan, 6 00 The Co''te consented that these indentures should be recorded, & kept among y* private records of this Courte. This indenture, made the 'HQP^ of y« 10'" A, 1647, between John Win- thrope, of Boston, in New England, Es^, & Martha Coytemore, y'' relict of Thom : Coytemore, late of Charles Towne, in Newe England, aforesaid, on y« one pty, & Increase Nowell, of Chailestowne, aforesaid, gen?, Willi : Ting, of Boston, aforesaid, marchant, Joseph Hills, & Willi : Stitson, of Charlestowne, also, on y" oth'' pty, witnesseth, that whereas, by y' good pvidence of God, there is a marriage intended shortly between y" said John Winthropp & Mar- tha Coytemore, & whereas y* said John, having disposed of his estate among his children & such psons as he was ingaged unto, so as he hath not to endowe y* said Martha, & therefore, out of y* love he beares to her, is carefull to have her owne estate so secured to her as that, by the blesing of y'' Lord, it may be ^served, & remaine to her & her childi-en after y" death of y" said John Winthropp, it is hereby covenanted, granted, concluded, & agreed by & between y" said pties in mann"- & forme following, videl : y' y" said John & Martha, ^sently, upon their entermarriage, & during y'= coverture, shall & will stand seized & possessed of all such housesjjnills, lands, tenements, & hereditam'% goods, li chattels whatsoev', being y" ^^ estate of y« said Martha, by & according lo y° last will & testam' of her said late husband, & pticulerly mentioned & ex]p>ssed in a certeine scedule hereunto annexed, to y° use of y« said Increase Nowell, W"" Ting, Joseph Hill, & W™ Stitson, & of y* sur- vivers or surviver of them, for y* intents & purposes in this j^sent indenttu'e expressed, & to no oth"" use, intent, or purpose, viz : y' they, y* said John Winthropp & Martha, shall & may receive & take all y° rents, revenues, j)|i*o, 6 benefits of y save during y* coverture, w'^'out rend''ing any account of [y» same], or of any pt thereof; & if y" said Martha shall have any issue of her [*199.] body, begotten *by y" said John Winthropp, or shall dept this naturall life, dur- ing the X X it shall be lawfull for y° said Martha, by her last will & testam', iu writing, to beq^ueath & dispose of all or any pt of her said estate, both reall & THE MASSACHUSETTS _ BAY IN NEW ENGLAND. -5 psonallj to & among her children, or otherwise, according to her -will & best 16 4 7-8. ""—"> ' discretion, but neith' y" said John nor INIartha, nor both of them, nor any other '^° ' pson, shall have any interest or pow'' in y" said estate, or any pt thereof, or in any of y'= rent, revenue, pfit, or benefit thereof, other then is in this gisent indenture ex^ssed & intended, except upon such reasonable & fit occasion as y*' said trustees, or y° maior pt of them, or y* survives of them, shall, und'' their hands, in writing, given consent unto, or by y* alowance & authority of y" Gen^'all Co'te ; & it is y" humble req^uest of all y" said pties that this f>sent indenture, & ev'y pt thereof, may be confirmed by y" authority of y° said Gen'^all Co'^te, & entered among y" private records of y* same. Witnes where- of y" pties abovenamed to these ^sents interchangably have put their hands & seales, the day & yeare above written. A pticul' of y" Goods & Chattels apportioned to M" Martha Coytemore. 8'^. Inpr : inpr : a pcell of books, 7 8 Feath' bed & Loulst' 3*, togeth'', 10 8 S"! A bed steed, trundle bed, w"' roapes & matts, ^001 10 00 p-- of striped curtens, vtdndow curtens & valence, & green 2 ^ rngg, > bed, boulst^ flock boulst', pillow, blankets, red rug, 1 feath-^ ^ ^^^^ ^^ ^^ & trundlebed, ^ creeps, 00 A p' brasse hollow andii-ons, fier shovell, tonges, & . ^001 15 2* sheetes, 10, ^012 10 00 A ciprus chest, 10^ ; 7 p^ hoUand deaths, table cloathes, 3| duss : napkins, 2 coberd & 3 dyap ^ 07 00 00 ^ a damask napkin, . napkins, p-- pillow beares, 3 coVd cloths, 1 duss : 2 4 hoUand ^ ^^^^ ^^ ^^ ^ towels, 00 clothes, 2*, . . ^005 05 7 p' course sheets, 3*; 9 towels, 5« ; 17 table p-^ pillow beers, napkins, 1. 12. 6" ; 2 p' sheets & 1 3i dussen j ^^^^ ^^ ^^ V6S ^ windo p' striped silke curtens & valence, 5 windo curtens, 2 1 ^ ^^^ ^^ ^^ 3 cloths, 1 cob'd clo, & chimny clo, clo a cloth carpet, 1 cob'^d clo :, 1 chimny :, & 1 green broad j ^^^^ ^^ ^^ ^ little table cloth, 00 10' little turky carpet, 01. 6% ^003 16 1 silk red & green quilt, 2. ; a at 4. 6*, being halfe, suite of red table, 3* ; 54f 3 of plate, A j ^^ ^g ^^ ^ whole, 12. 6. 44, saucers, 1*; 1 trunk, 2 flaskets, 4 A pcell of cheny platt^s & j ^^^^ ^^ qq cases, 12% 236 THE RECORDS OE THE COLONY OP p'' scales, 5° 16 4 7-8. A meridian compas & another compas, 12^ ; a of ; ^ 14. nn "* m '' a case knives, a scru for almons, > 20'^ An ould cov'let tent & blanket, 14« ; 26^ « gunpowd', at ^ p « 2. 4. 2, > 2 brasse skellets, 2 spits, 1 iack, 1 stew pan, 2* 6' ; halfe y« ^ furth' mill & purtena, 100*, Land, beside aU apportioned to y* child, 12* 10' ; a tapistry ^ > ^Olo 16 00 cov'let, 1. 6=, > leath' chayres, 1. 10' ; 2 ould cov'lets, 5' ; 6 blankets, 36' 12 ; > „ . , , „^ > 04 11 00 1 p' andirons, 1*, > 1 bed boulst', 2 pillows, 2 p' pillowbeers, 1 seale skin trunke, ^004 10 00 1 wicker chaire, 3' ; 11 quishions, 18' ; a hamacho, 20', . . ''002 01 00 2 p' stuffe breeches, 1 coate, 1 iacket, 30' j a spruce chest, ^ 10' ; andirons & creeps, 5', ) 135" of pewter, at 12* ", 6. 15' j a pcell tin ware, 10'; a p ^ smooths iron, 5' ; iron pestle & mort', > 3 iron pots, 1 posnet, & 2 kettles, 2. 5' ; 1 p' andirons, 2 iron -^ dripS pans, 1 p'' pothooks, 2 iron bars, 1*; ould iron & a > 7 10 00 fouls peece, 2* 15' j a copp kettle, ^ A striped carpet, 6' ; a clock, 1* ; in ould lumber, 5*, • . . ^06 06 00 4 cowes, 20* ; an eighth of y« hew mill, 90*, ^1 10 00 00 Div's small things, above y" mill above, ^006 09 00 Maior Gibons, 140*; Colonell Rainsborow & his broth^ 75. 14', y215 14 00 Oth' debts, things sould, & things not hereia mentioned y gticulerly, , S 620 01 08 The Co'te consented that these indentures should be recorded & kept amongst the private records of this Co'te. Upon y^ petition of y« inhabitants of Excetter, for their rate & head mony to be forborne, & y* no act might passe to any of Dover for land at Lampille River, y' CoHe doth not thinke meete to grant y* first of these requests, but deny it, & conceive meete they should forthw'*' send in their rates to the Treasurer. For y" second request y* Co'te will be tender. Upon y* petition of WiUiam Adis, y« fine of 5* imposed upon William Barnes by y* Co'te of Salem is remitted. 10*'* 7"^ Waw bridge. Upon y° petition of "Watertowne, they have till y« of y« &. next ' THE MASSACHUSETTS BAY IN NEW ENGLAND. 237 for the building of their bridge, und' y« form' pcenalty in the last Co'te 16 4 7-8. order. ^ r—— For asmuch as this Co'te is credibly informed y' -f plague, or like infe'^o"'' greivos [injfectious disease, hath lately exceeds'^ raged in y« Barbadoes, Chris- tophers, oth'^ & i[slands] in f West Indies, to y« great depopulate of those, it is therefore ord'^ed, y' all [our OAvn] or oth'' vessels comeS from any pts of y» West Indies to Boston harbor *shan stop [and come to an] anchor before they [*200.'' come at y" Castle, und'^ f pcenalty of 100*, & that no pson comeing in any vessell from the West Indies shall go a shore in any towne, village, or farme, or come within foure rods of any oth' pson, but such as belongs to the ves- sels company y' hee or shee came in, or any wayes land or convey any goods brought in any such vessels to any towne, village or farme aforesaid, or any oth'' place w'''"in this iurisdiction, except it be upon some iland where no in- habitant resides, w^'out licence from y* councell, or some three of them, und' y* aforesaid pcenalty of a hundred pound for ev'^y oifence. That no inhabitant, seaman, or other pson whatsoev"^, reciding w"'in this iurisdiction, shall go a board any such shipp or vessell comeiflg from the West Indies aforesaid, or buy or otherwise take into his possession any goods or marchandize brought in any such vessell, w*''out licence as aforesaid, und' y" pcenalty of 100*, & to be otherwise confined or restrained, as the said coun- cell, or some three of them, shall appoint ; & to y° end y' all psons may have due information hereof, it is hereby agreed, y' this ord' shalbe forthw"* published, & a coppy thereof sent to y* captaine of y° Castle, togeth'^ w"* coinission to him to cause ev'y shipp or other vessell, belonging to y° country or any oth'' place, y' shall come from any pt of the West Indies aforesaid, to stop ,& come to an anchor before they shall passe y^ Castle, & then send unto them a coppy of tliis order, & there cause them to remaine till furth'^ order from y" councell, or some three of them, whose counsell is to be taken • councell of y* comon therein ; this ord' to continue till this Cone or the wealth shall see cause to repeale y* same. to the It is furth"^ ord-'ed, y' a coppy of this order shall be forthw"' sent scVall cunstables of ev'y port towne in this iurisdiction, w"" warrant to give West notice thereof, w"' all possible speed, to any vessell comeing from y» of Indies aforesaid, upon y° first veiw thereof, & furth' to see to y* execution councell, or some this ord^ according to y« utmost of their abihty, & y* y° some three of them, shall have pow' to appoiat some convenient place, upon shalbe sheltered for of y« Hands or oth-^ fit places, where such psons & goods their preser- a time, & to do any thing of like nature y* shall be necessary for vation, & welfare of y* country. 238 THE RECORDS OF THE COLONY OF 164 7-8. It was voted by the whole Co'te, that Mistick bridge should be made & maintained by the country at the publike charge. •/ ^ J t_» March. Mestick bridge. 16 4 8. *M a Gerfall CoHe of Election. at Boston, the lOP" of the c M", 1648. 10 May. @ [*201.J [Peesent,] M' Ef5a : Downing, Edw* Rawson, Cap? "W" Hathorne, W-" Torrey, M' Rich : RusseU, Nicho : Jacob, Ma : Ro : Sedgwick, Thom : Und'"wood, Ca : Hum : Atherton, Rich: Griffin, M' John Glover, Micha: Powell, Ca : Ro : Keayne, Leif ? Pike, James Penn, W" Estowe, John Johnson, Thom : Michell, Willi: Parks, Maximi : Jewet, Rich: Browne, Walt' Haynes, BriaS Pendleton, Steph : Kingsly, M' Edw"! Holyoke, Obedi : Bruen, Thomas Layton, Joh : Write, Edw'^ Jackson, Ezdras Reede, Rich: Jackson, Rob't Clement, Ma : Dani : Denison, Rich : Walker, Rob't Paine, W-" Fui-ber. [For persons made free, see the end of the volume.] JOHN WINTHROPE, Es^, was chosen Gov'no', & tooke his oath. Thom : Dudley, Es^, was chosen Deputy Gov'n'', & tooke his oath. John Endecott, Esqp, was chosen an Assistant, & tooke his oath. Rich'd Bellingham, Es^, was chosen an Assistant, & tooke his oath. Rich'd Saltbnstall, Es^, was chosen an Assistant, & tooke his oath. M' John Winthrope, was chosen an Assistant, & tooke his oath. Increase Nowell wa., '^ an Assistant, & tooke his oath. M'' Symon Bradstreete was cnosen an Assistant, & tooke his oath. M' Thom : Flint was chosen an Assistant, & i ^oke his oath. M' WUliam Hibbens was chosen an Assistant, ' tooke his oath. M' Samu : Symonds was chosen Assistant, & tooji. his oath. Capl Robert Bridges was chosen an Assistant, & tooke his oath. Harbert Pelham, Esqp, was chosen an Assistant. M' Willi : Pinchon was chosen an Assistant. John Endecot, Es^, was chosen Maior Gen'all. Increase Nowell was chosen Secretary. : THE MASSACHUSETTS BAY IN NEW ENGLAND. M' Rich'd Russell was chosen Treasurer. John Endecott, Es^), was chosen one of the Comission". M' Symon Bradstreete was chosen the otli' Coinission'. ^° ^='y- Rich'd Bellingham Thorn Dudly, & : Esqrs., were chosen for reserves, in case the comission" faile. It is ord^ed, that 50* of w'=i the first mony comes into the country by way of rate or next levy, or else by the impost of wines, may be deliv'ed into the hands of the Treasurer & Survey' Gen^ John Johnson, for y» purchasing of powd' therew"', by y" fli-st oportiinity w* shall ^sent. Consid"'ing many ships have here arived, upon w"'' occasion y" powder for salutations was expended sooner then was expected, it is ordered, that the survey'' gen''all shall dd to James Oliv"', of Boston, one barrell of powder, w* is to be implied in salutation of ships the yeare next following ; pvided the powder be implied as aforesaid. It is ord''ed, the coppy of y* lawes in y^ 2 rowles, w'='' were (by ord' of Co''te) sealed up, w"" intent that if hereafter any question should arise about y* coppy now at y^ presse, it might be examined by this, whereby y" faithfulnes of the coiiiittee might be tryed, & that y oih" coppy (now remaining w* M' Ilill) should forthw"^ be sent for, for y^ use of y^ Ccte. The Co''te doth thankfully acknowledg y" great good service of o'' hono^[ed] Gov'', the last yeares service in that place, in the behalfe of the co[un]try rend"' him humble & harty thanks, & desire his love^ acceptan[ce] of an hundred marks, as a slend"^ token of their acceptance of his care & paines in that place out of y" next levy. In answere to the petition of Cap? Rich'd Davenport, {$, Maior Sedg- w[ick]. Cap? Willi: Ting, Cap? Humfrey Atherton, & John Johnson, the survey [ge]n''all, are appointed a comittee, & hereby are authorished & inabled to examine, determine, & dispose of all psons, arreres, fines, & things as are w[ant]ing, as to any 3 of them seemes meete & convenient, & pow"^ is hereby given to y* said coiiiittee, or any 3 of them, to levy, by distres, any arreres or fines from such inhabitants of any of y° said townes, from whom they are or Davenport shalbe due, or otherwise, & forthw"' to pay it to the said Cap? ; & for supply of pow' is hereby also given to y'' said comittee to imprcsse men, y" do whatso- Comittc for th v" garrison at v" Castle Hand, out of y" severall ingaged townes, & Castle. might. have ev' else, by vertuc of y* couiission granted to Lelft Norton, id, about bene done, or shall seeme to any 3 of them necessary to be done, in or Co'te take further order. V° ;p'mises, ^v* is not already pvided for, till this For explanation & alteration of an ord-- renued y last Gen'-all Co^te, for 716- in the *order [*202.] exempting o' honored ma'™'» from country & towne rates, as ; 240 THE RECOEDS OP THE COLONY OP 1G4 8. appeareth, w"" respect to the time therein limited, that law is hereby repealed & it is ordered & enacted, by the authority of this Co'te, that all o^ honored 10 May. magistrates that now are, or hereafter shall be, during the time of their so Magist' rate free, exc. being, shalbe exempted from all towne & country rates, the maintenance cburch charges. to the ministry excepted, for all their estates, till the Co''te shall take furth'' order. Upon the petition of the toAvnes men of Newberry : Whereas there is a ^ in the towne, about the choyce of their captaine, for f>venting of further debate in Co''te, (w'^'' will occasion expence of much ^cious time,) & to help on a reconciliation between the now different parties of the towne, they are wiling to consent to a new election, as aforesaid, so as the towne shall elect two, of w'^'' this Co'te may alow one, when they shall thinke fit. It is ordered, that William Arnold shall have payment of 7* 2', w* he disbursed for 31 J bushels of Indian corne for Pumhome, id, to be paid him in wampam, or such comodities as he desires, (or may be pcured at reasonable rates, such as he may not be looser by them,) out of the next country rate, by the Treasurer j & the Co''te is thankfull to him for his care & paines herein. Whereas a survey hath bene taken of all sorts of corne in all the towes in these pts, it appeares that there is not sufficient for the necessary sustenta- tion of the inhabitants for two months, & out of this there must be had for the use of strangers resorting to us, & victualing of ships, {&, it is therefore ordered, by authority of this Co''te, that no wheate, rye, bai4y, or Indian corne shalbe transported into any forraigne parts, upon any ptence or colo"' whatso- 717- ev', before the 12"" of the G"* A next, (called August;) nor shall any pson seU No transpor- or put aboard any ship or vessell, to the end the same should be transported tac6 of come. to any forraigne pts, any sort of corne aforementioned, upon paine of forfeit- ing for ev'y bushell of come so transported, put a board, or sould, contrary to the intent of this order, 20% one halfe to the publike tresury, & the other halfe to the informer ; pvided, that this order shall not extend to any come or graine w"*", w'^in one month last past, was, or hereafter shalbe, brought into this iurisdiction, by way of marchandize, nor to any corne now in the hands of any pson, or his assignes, w"*", by former contract, made here, or in England, or else where, bona fide, is to be deliv'ed to any pson or vessell, to be trans- ported ; but that ev''y such pson may transport aU such corn, any thing in this order to the contrary notw*'»standing. This ord' 'to be forthw'i" published in Boston, Charles Towne, & so in all other townes of this iurisdiction. Nath: New- In consideration of Nathani : Newgate his youth, & the respect w* may gat' fine. be given to his well deserving parents, & in regard that he hath paid 10' to the Indians who accused him, & 20' he is to pay Franc Smith, for his charges ; TIIE MASSACHUSETTS BAY IN NEW ENGLAND. spent in discov''ing the offence, the remainder of his fine is abated to forty shillings. The CoHe, on a full hearing & examination of all the evidences in the case between Willi : Paine, of Ipswich, in an action of appcale, pi, against Cap? defend', Franc Champernoonc, iudgc & determine that Willi : Paine is ico-ally possessed of the 4 oxen, & the execution on them was legally served; & there- fore order, that Cap? Champernoone should pay W"" Paine 4. 8. 6'^ charges. George INIartins pe#tion for the abatem' of the 20' ^v'^^ his wife was fined Martins wiues is referod to the next Co''te at Hampton, to do in it as they shall see cause. Whereas ISI"^ Downings farme, in the way between Linn & Ipswich, is a convenient place for the releife of travellers, its ordered, that M"^ Downings tenant shall have liberty to keepe an ordinary, his said tenant being such an one as the towne *of Salem shall approve for that impliraent. [*203.] Francis Smith, of Reading, hath leave to draw wine, for the refreshing of travelers & others, he paying excise, as the law law in that case hath jivided. Comission is given to M"' Symonds to administ"^ the oath of Assistant to M'^ Saltonstall, & to return it to the Secretary. In answere to the petition of John Dand, the Co''te conceive it meete (on J« Dand. his acknowledgment hereto annexed, w<^^ if God had bene pleased to bow his that spirit formerly, & have yeilded to, or volentarily made, as now he doth) he should be freed from his imprisonment, & his fine is readily remitted him, to delin- to manifest the Co^ts ready inclination to shew all due incuragment Co''ts j)ceedB% quents to confes their erro-'s, & acknowledg the iustice of the or wound rather then put any to such temptation as should eith' dishono' God their evill courses. their owne consciences, by hardening of them selves in John that 3000 acres of land shalbe granted to M' The Co^te hath agreed J^^J^^^^; the Narraganset Winthrop, lunior, of the Pequot land, at Paquatuck, neere to we meane set not up a considerable salt worke, — country : pvided, that if he s^u work to^be the two capes of Massachusets to make one hundred tunn p @ of salt, between graunt to be voyde Bay, w'^in three yeares now next coming, — then this division of the part of the Pequod ^vided also, that the said land fall w«=in the 3000 acres be layd out country belonging to this iurisdiction, pvided y" him in the countryes behalfe is toc^eth^ in one place, & the form^^ agreem' w* hereby repealed. r n <. , ^ ^ Wilson, paste' of the church of f-t^°f ^^-^ In answere to the request of M^ John granted whom this Co^ form'ly M-Kawson. Boston, & Edw^Rawson, of Newberry, to have doth thinke it meete to 1500 acres in the Pequod country, the CoHe granted to M' adioyning to the 3000 acres their 1500 acres layd out next & VOL. II. 31 242 THE RECORDS OF THE COLONY OF 16 4 8. John Winthrope, at Pacatuck, n'eer the Narraganset country, togetV also ; or in case M'' Winthrop performe not the condition, w"' respect to the time 10 May. M' llawsons limited, that then the 150[0] acres of the said John Wilson & Edw^ Eawson grant repealed shalbe of the said 3000 acres granted to the said ISI"" John Winthrop. for 30«. An" (49). M"^ Samu : Symonds is granted 500 acres of land in the Tcquot country, M' Simond" grant. next adioyning to M"" Wilson & M"^ Rawson : pvided it be of such land as falls to o' pportion. The Co'te desire the course \v* hath bene takerAi England for discov'y of witches, by watching them a certeine time. It is ord''ed, that the best Discouery of & witch. surest way may forthw"" be put in practice, to begin this night if it may be, being the IS"" of the 3'^ Si, & that the husband may be confined to a private roome, & be also then watched. 718- For due incuragment of any inhabitant that shall have or find any kind Mines. of mines whatsoev'', in any of their ownc pprieties, this Co''te thinke it meete to declare, that the whole benefit of such mines whatsoev'' are due & belong to such jjprieto" of land wherein such mines shalbe found, to them & their heires forever, as any part of theh' lands, mineries, fc, are, paying onely y'' ^ pt of gold & silver, according to o"" patent, & no more, George Dill, upon his owne & his wifes petition, is abated his forfeiture yo of 100*, upon payment of 8*, in ready mony, to the surveyer gen'^all, or 2 barrels of powder. [*204.] *M'' Saniu : Dudley, Capt" Wiggen, & Rob't Clements, have comission to keepe Co''te in that county, according to ord"" of Co''te ; & M' Dudly hath coinlssion to give oath to the 3 comission^'s for small causes in the sev"'al] townes in the said county of Norfolke. It is ordered, that the same magistrates that keepe Co'te at Dover should be desired to keepe Co'te at Salsberry & Hampton this yeare ensuing. 3 men for How- M"" Carleton, Franc Parote, & Mathew Boyse, being lawfully chosen, by ie. the freemen of Rowly, to end small causes according to law, are confirmed therein. Phineas Fiske, of Wennam, is alowed Ucence to draw wine there for this yeare ensuing. Edward Faulkner, of Andiver, is granted licence to seU wine there, pay- ing to the treasury for what he drawes, as others do. The CoHe doth approve so farr of this bill, as' if Hugh GuUison have his pportionable pt out of the custome of wines, w"" W™ PhiUps, to the charge of the dyet expended by them, w"^ relation to this Co''te : pvided the 50*, granted for powder, be first deducted, the Co'te conceiveing that iust. Sam Gorton. The Coiute did consent that Samu : Gorton, now a shipboard, upon the THE MASSACHUSETTS BAY IN NEW ENGLAND. request of the Earle of Warwick, hath one full wcelce after the date hereof alowed him, for the transportation of himselfe & his goods through o-- iuris- diction, to the place of his dwcling, he demeaning himselfe inoffencively, according to the contents of the said Earles letter ; & that the marshall, or some other, be appointed to shew him a coppy of tliis order, or to fix it to the maine mast of the ship, in w<^^ he is. The Co^te acquit Elisa: Pinnion of the capitall offence chargea upon Eliz- Pumoa her by seV^all inditments 2 for adultery, but agree that shee be severely whiped for her evill adulterous & behavio"- & swearing, appearing by so many testimonies, first to be whiped at Boston, & again at Linu w'^n one month after the first whiping is past. Whereas Hugh Gullison, of Boston, was lately sued at a Quarter Co^e for 2 buts of wine, w'^'' he had in his hand of Eob't Knight, due to the coun- try for customes of wines, & was cast in the action, & paid 11* more then the said Eob't Knight, mi^chant, v\'ill alow him, its therefore ordered by the author- ity of this Cone, that the said Hugh Gullison shall have the foresaid 11* repaid him againe by the audito'' upon account, together w"" such charge as he was adiudged to pay by the Quarter CoHe ; & the auditor shall ha^-e liberty to take a due co''se in law for the recov'"y of the same of the foresaid RoVt linight. It is ord'"cd, that the serieant maiors of ev''y regim' shall fortliwith list all 719- such psous for troopers (to be und' their coinaund) as shall willingly give in Troopers, their names, to serve on horse back, who shall be bound five or six dayes of exercise every yeare, at such times & places as the maior or the leif? of the troop shall appoint, und' y* pcenalty of 5^ for every default, to be distrained by the clarke of the troope, who shall be sworne to levy all forfeits for non appearance & defects of armes, as the clarks of the foote companies are ; & all troupers shall be furnished w"' horse, bridle, & saddle sufficient, w"" sword belt, & a case of pistols, w"' holsf^ or a carbine in a belt, (at the appointm' of the maior, & to be alowcd by him,) w"' one pound of powder & 20 bul- lets, or otherwise *to forfeite 10' for every defect, unles the maior see cause [*205.] y'= that all other defects or to mitti[gate] or respit fine ; & it is also ordered, delinquenc[ies] of the troupers, in the time of their exercise & while they are under commaund, shall be punishable by the two cheife officers of the troupe, foote companies no trouper & distrained by the clarke, as they are in their ; & service w'"out the once listed sliall have liberty to w*draw himselfe from service, he alowance of the maior, but shalbe alwayes ready to attend all of this service this shall be coinaunded by authority ; & for the incuragment is ex^ssed m Cone doth grant to every trouper that is or shalbe furnished as 244 THE RECOKDS OF THE COLONY OF 16 4 8. this order, 1. Exemption from training in all foote companies & cunstablea ^ watches ; 2. Freedome from rates for pson & horse ; 3. Free coinonage for their horse in any of y* townes coinons where he inhabits, & in any comon where they are exercised during the time of their exercise ; 4. Five shillings yearly, to be paid him by y° Treasurer ; 5. Liberty to choose a leiftenant & other inferio'' officers ; 6. His horse shall not be pressed to any other service ; 7. Free ferriage to & from their places of exercise or service, w"^*" shall be part of the rent of those ferries w'='' pay rent to the countiy ; but such as pay no rent shall be paid this rent by the country for the space of three yeares onely, except the Co''te shall further confirme it. 720— Upon certeine information given to this Gen''all Co'te that there is no Naponset fer- ferry kept over Naponset Ryver, between Dorchesf & Braintree, whereby all rio. that are to passe that way are forced to head the river, to the great preiudice of townes that are in those parts, & that there appeares no man that will keepe it, unlesse he may be accoiiiodated w"^ house, land, & a boate, at the charge of the country, its therefore ordered, by the authority of this Co''te, that M'' John Glover shall, & hereby hath full power given him, eith' to graunt it to any pson or psons for the tearme of seaven yeares, so it be not any way chargable to the country, or else to take it himselfe, & his heires, as his owne inheritance forever ; pvided, that it be kept in such a place, & at such a price, as may be most convenient for the country & pleasing to the Generall Courte. SOnoM'WinB- It is ordered by the whole Courte, that the Treasurer, M"' Russell, Cap? Keayne, & James Penn shall take order to retume 50* to M'^ Winslow, at London, & to have pow'' to engage the country for the same, & for such inter- est as they shall agree upon ; & the same to be satisfied out of the next rate, in such townes, & in such payment, (bi-ought in by the said rate,) as them- selves shall make choyce of; & this is over & above the 50* formerly assigned him by M'' Treasurer. Treas"acc". It is ordered by this Co'te, that the audito' gen''all & Cap? Ting shall 721— take the Treasurers account once ev'^y yeare, & ^sent'the same to this Co'te the first session of the Courte of Elections yearely, & that they shall take the account of the g>sent Treasurer for the time past before the next session of 722— this psent Co'te, that so it may appeare, from time to time, what is in the Comiss. of t> treasury, or what we are indebted. It is also ordered, that the coinission" for send transc to rates in shall, th : audit'. the every sheire w"'in one month after their sheire meeting, send into the audito"" getfall a true transcript of the rates of the sev'all townes THE MASSACHUSETTS BAY IN NEW ENGLAND. w«'in such sheire, who shall dcliv'^ them over to the Treasurer to be collect as by the former order for that end established. ^^^^- *The Governor Deputy GoVn', W Bellingham, M^ Hibbens, M' Symonds ^° r*206 1 Hathorne, Capt Cap? Keayne, Cap? Athcrton, the Survey' Gen>^all, & M' Jack- son are appointed a comittee to articles ioyne to puse the articles of o"' confederation of con- \v"» the United Colonies, as also the acts that have passed the coiuission"^ w"^ may seeme eith' to confound y" pow'' of o' Gen'all Co'^te, or so interfere w"' it as may in a short time prove not onely ^iuditiall, but exceedingly uncomfort- able, & in the examination thereof, what they shall find of that nature to take notice of it, & to di-aw up what remedies they can thinke of, w"' such argu- ments as may be f>valent w"" all whom it may conccrne to be as ready as o''selues to rectify what is or shall be found amisse, that o' posterity may have no cause to blame us for uniting o''selues in such a way as is feared doth not now, nor is like to answere the ends of the colonies hereafter ; & what the maior part of this coinittee shall determine, according to this order, to ^sent it by o'' coinission''s to the rest of the commission'^ of the United Colonies, that so this Co''te may receive a satisfactory answere from them accordingly, to the next session of this Geu^dl Co''tc, after the meeting of the comission" ; & farth'', this Co'to refers M"' Eatons letf^ to their consid''ation, & give them poAv"^ to returne 4"' 4* answere thereto ; & the day of meeting to be the last day of the A next. Forasmuch as it appeares to this Co''te, upon the petition of M'' John Tomsons Thomson, sonn & helre of David Thomson, deceased, that the said David, in or about the yeare 1636, did take actuall possession of an iland in the Massa- chusets Bay, called Thomsons Iland, & being then vacuum domiciUum, & before the patent granted to us of the Massachusets Bay, & did erect there the forme of an habitation, & dying soone after, leaving the petition' an infant, againe, who, so soone as he came to age, did make his claime formerly, & now deprive by his said petition, this Co'te, consid'ing the premises, & not wHing to piudice to come to the any of theii- lawful! right & possession, or to pmit any the said iland, called petition' in tlie time of his non age, do hereby graunt to belong Thomsons Iland, to the said John Thomson & his heires forever, lawes thereof. to this iurisdiction, & to be und' the gov'nment & are appointed to Edmond Eice, Mmond Goodenow, & WilU : Browne people ioyne in mar- end small causes in Sudbury. M' Peter Noyce is to see riage there. Co'te about the house Eebecca Hall, of Salsberry, is referred to Hampton & land sould by her. when his shall serve his m' so long time, It is ordered, that John Scot or satisfy his said m', Lau- time shall come forth, as shalbe weU worth 35% rence Southwick, otherwise. ; 246 THE RECORDS OP THE COLONY OF 16 4 8. Upon the petition of the towne of Salsberry, the Co''te conceive it meete '^ ' that the little iland in Merrimack be reserved for the countryes use, & the gi'eater iland to be given to the towne of Salsberry, reserving a sufficient high Hand t' Salsbury. -way for passage of men & cattle, & that the towne may have liberty to keepe a ferry on their side. Coffiitteeabty M'' Audito'' & M'^ Hill to examine the lawes new at presse, & to see if lawes. any materiall law be not put in or mentioned in the table as being of force, & to make supply of them. In answere to the two petitions of Mary & Willi : Pond, we conceive that if administration be not already taken, that forthw*'' it be, as also an inventory pduced to the next Q'ter or County Co''te, that so the estate may be settleed so as may be for the comfort & peace of the widow & children. It is ordered, that Cap? Keayne shall have the 30* he layd out to M'' Fen- wick (w"'' upon examination we find to be due to him) out of the next coun- try rate. Gr. to J» Ted Xhe Co'te thinke it not convenient to alter the ordinary course of satis- forM' Young. faction for adventures, but that John Ted shall take his 100 acres in consid'a- tion of the adventure of M"^ Rich^d Yonge, where it may be layd out for reasonable conveniency, according to ord'' of this Co''te. 72^ For the better support of the goverment of this comonwealth, & the Wines. maintenance of fortifications for the ptectlng & safeguarding of o' coastes & harbo''s, for o''selues & oth's that come to trade w"" us, it is ordered by this [*207.] Co'te, & the authority thereof, that ev''y pson, marchant, seaman, *or other, that shall bring wines into any of o"^ harbo'^% in any shipp or vessell what- soev'', (except they come directly from England, as their first port,) before they land any of the said wines, more or lesse, shall first make entry of as many butts, pipes, or other vessels, as they, or any of them, shall put on shore, by a note under their hands, delivered to the officer, at his house, who is to receive the customes, upon paine of forfeiture & confiscation of all such wines as are landed before such entry made, whatsoever found, the one halfe to the country, the other halfe to the officer ; & the marchants, or owners of such wines of any kind, as soone as he lands them, shall deliver & pay unto the said officer what is due for custome of them, accordin^to this order, in wine, according to the pportion of the goodnes of the pcell that is brought in, as the officer & the owner can agree, to the contentm' & satisfaction of the said officer, or else the owner & officer to nominate a third man, who shall put a finall price betweenc them, in point of valuation of the wines for customes but if they cannot agree, on notice from the officer to the Treasurer for the time being, he shall determine the price thereof; &, being so ordered, the officer & marchant shall accept thereof; & it is further ordered, that he that ;: THE MASSACHUSETTS BAY IN NEW ENGLAND. is the chelfe officer to receive such customes shall have under him a deputy or deputies, who shall be as searchers or wait^s in sev^aU places, to take up such wines, by the cheife officers appointment, to take & notice of what is landed ill any place, that the country be not defrauded ; & these to have such due rccompencc as the cheife officer, in his discretion, shall agree w"^ them for, cither by the butt or pipe, or by the veare, all wines to pay customes accord- ing to these rates following, vizj : for ey-^y but or pipe of Fyall wines, or any oth"" wines of those westerne Hands, five shillings ; for every pipe of iledera wines, six shillings eight pence for & ; eVy pipe or butt of sherrys sack, Mal- cgo, or Canary wines, tenn shillings for ; muskadels, malrasics, & oth'^ wines from the Straights, ten shillings ; for bastards tents, & allegants, tenn shil- lings, & proportionably for greater or lesser vessels of each kind ; for every hogshead of French wines, 2. 6'^, & pportionably for greater or lesser vessels & for better recov^ing of any such customes of wines, or forfeitures for not entering according to this order, & for refusing of paym' of such customes to the satisfaction of the officer, it is further ord'^ed, that the said officer hath hereby power, & is required to go into all houses & cellers where he knoweth or suspecteth any wine to be, & from time to time shall seize upon such wines as are not entered according to this order, & also seize upon & take possession of so much wines as to make payment of what custome is due, according to entryes made, & is refused or neglected to be paid, in due manner, according to this order ; & all cunstables & other officers are hereby required to assist & ayde the officer in the discharge of his duty, & helping to breake open the houses or cellers, if the owners of such wines shall refuse to open theh dores, or deliv' their keyes in a peaceable way ; & any smith, carter, owner of boate, porter, or other, that shalbe required by the officer to put to their hand, to help & assist in taking, loading, & transporting such wines, for the use of the country, & shall refuse or neglect such service, for due huire, shall forfeit *to [208.] the comon treasury tenn shillings, to be levyed by the cunstable, on the war- the country for custome of rant of any one magistrate ; & all debts due unto wines, where wines are not to be found, they are to be recovered by way of this order to be m action, according to a course of law, as in other cases ; & in this iuris- force to recover customes from all those that have landed wines diction already, & not paid custome. Vail HiU, M' Thorn The Voyage, in Thirds, between M' W- Ting, M' : & Gainer, in y" Planf. 721 OTi^ Tim ^hipp Debt' to goods shipt at Mederes, & charges p", . . . • 3 115 17 To goods shipt at Maries, & charges, 8i 248 THE RECORDS OF THE COLONY OF 16 4 8. To goods shipt at Mighils, & charges, 019146 To goods shipt at Tieceres, & charges, ^038 16 7^ 10 May. To goods shipt at Fyall, & charges, ^026 00 1^ To pvision at sev'"all places for sallery, ''061 07 10^ Tofraitor huireof sliip IIJA, 150*p A, 1762 10 00 So much alowed M' Gainer for ^sents, 0025 00 00 2770 10 05 Credito', by sales & frait at Mede, 1051 16 81 Frait of M-- Davison, ^0091 16 By ffrait of Marca Letoon, ^045 10 By ffrait of Henry Rashly, ^OlO 10 By ballance of y* auditor's ace', M"^ Gainer to alow, . . . 239 18 li By sales of goods at sev^'all ports, 585 7 llj- By sales of goods at Xfers, 055 2079 18 07 Rests to balance, 0690 11 10 2770 10 05 The Go'te, consid'ing the accounts & differences betwixt M"' Gain'', Cap? Ting, & M' Hill, concerning y° late voyage of y« sliip Planter, do conceive this ace', agrees w"" an ace' under 4 auditor's hands herew"", may be alowed, w'--' these additions, vizj : — That y* ptn^'s be allowed, for imjjvem' of pt of y' cargo, layd "i out for y* ship, ^6, & lose of time, 5 Item, to y° said ptn's one pipe of wine more then is mentioned ) 'Ji^^i' ( yoo9 00 00 in the account, 3 n, they are to receive of Paul Alistry, J^004 07 6 n, the ships comp'' is to alow for 3 pipes of wine, not de ^027 ,.,,,,. r 00 00 liv''ed out of the ship, Further, it is conceived equall when M' Richbell & M"' Eashly have their wines dd to them, that then all y« wines, linnen, cloth, & y* rest of y" cargo, togeth' w"' y= firait, rec* & to be rec^, & not alowed in this ace', shalbe devided in eq^uall portions amongst y° said ffraighfs. The Cone hath voted that Cap? Ting & M-^ Hill shall beare forty shillings of the charge of the CoHe, while the case hath bene in hearing. The Co'te doth also conceive, that M' John Richbell & M"' Henry Eashly should forthw"" have dd to them 18 fuU pipes of wine, of those that were THE MASSA.CHU3ETTS BAY IN NEW ENGLAND. 249 engaged to them by M' Gainer, vizj, M' Richbell is to have 12, & M' Eashly 1 G 4 8. 6 pipes. _' It is ordered by this Co'te, that what fraight M>^ Eichbell & M^ Rashly "*^'5'- shall pay to ^l'' Ting or M' Hill, they shalbe discharged against M' Gainer. The Cone is adiourned to the 18"^ of the 8"^ in, at noone. *At a Session of the Gerfall Cole, at 18"' 8'' Boston, the of the is October. M; 1648. [*209.] the petition TyPON of the shewmakers of Boston, & upon consideration 723- V_y of the complaints yv"^ have bene made of the damage w"'' the country Shoomakera "'°"'^"'^'' ^' sustaines by occasion of bad ware made by some of that trade, for redresse hereof, it is ordered, & the Co''te doth hereby grant liberty & power to Eich''d Webbe, James Eveiell, Rob^'t Turner, Edmond Jackson, & the rest of the shewmakers inhabiting, & housekeepers, in the towne of Boston, or the greater number of them, (upon due notice given to the rest,) to assemble & meete togeth' in Boston, at such time & times as they shall appoint ; who being so assembled, they, or the greater number of them, shall have power to choose a master & two wardens, w"' foure or six associats, a clai-ke, a scaler, a searcher, & a beadle, w"' such other officers as they shall find necessary ; & these officers & minisfs shall be chosen as aforesaid ev'y yeare, or oftner, in case of death, or departure out of the iurisdiction, or removeall for default, ^d, yv"^ ofRc''s & minisfs shall each of them take an oath, suitable to his place, before the Gov^'no'", or one of the magistrates, the same being ^scribed or alowed by this Co'te ; & the said shewmak^'s, so assembled as before, or at any oth' meeting or assembly, to be appointed from time to time, by the m' & wardens, or the m'^, or wardens, w* two of the associats, shall have pow'' to make ord" for the well governing of their company, in the managing of their trade, & all the shall affaires thereunto belonging, & to change & reforme the same as occasion of the same provided, require, & to annex reasonable poenalties for breach : of force that none of their said orders, nor any alteration therein, shall be county, or before they shall have bene pused & alowed by the Co^e of that better executing of such orders, the by the Co-^te of Assistants ; and for the associats, or any said m% wardens, or any two of them, w"' four or six offences against any three of them, shall have power to heare & determine aU aforesaid, assease of their said ord's, & may inflict the pccnalties ^scribed as & for one offence, the clarke fines to the value of forty shillings, or under, & to levy the same, who shall shall give warrant in writing to the beadle, VOL. II. 32 — 250 THE EECOEDS OF THE COLONY OF 1 6 4 8t have pow'' thereupon to levy the same by distresse, as is used in other cases ; and all the said fines & forfeitures shall be implied to the benefit of the said 18 October. company of shewmakers in gen'"all, & to no other use ; & upon complaint of the said m' & wardens, or their atturny or advocate, in the County Co''te, of any pson or psons, who shall use the arte or trade of a shewmaker, or any pt thereof, not being appved by the officers of the said shewmakers, to be a suf- ficient workman, the said Co''te shall have pow' to send for such psons, & [*210.] suppresse them ; *provided, that the priority of their graunt shall not give them precedency of other companies that may hereafter be granted ; but that point to be determined by this Co^^te, when there shalbe occasion thereof; provided alwayes, that no unlawfull combination be made at any time, by the said com- pany of shewmakers, for inhauncing the prices of shewes, bootes, or wages, whereby either their owne people or strangers may sufier ; provided also, that in cases of difficulty, the said officers & associats do not pceed to deter- mine the cause, but w'*" the advice of the iudges of that county ; provided, that no shewmaker shall refuse to make shewes for any inhabitant, at reasonable rates, of their owne leather, for the use of themselues & families oncly, if they be required thereunto. Provided, lastly, that if any pson shall find himselfe greived, by excessive fines, or other illegall pceedings of the said officers, he may complaine thereof at the next Co'te of that county, who may heare & determine the cause ; this comission to continue & be of force for three yearcs, & no longer, except this Courte shall see cause to continue the same. '7'24_ Upon the petition of the cowpers, inhabiting in Boston & Charlstowne, Coopers incor- & upon consideration of many complaintes made of the greate damage the country hath sustained by occasion of defective & insufficient caske, for re- dresse hereof, It is ordered, & the Co''te doth hereby graunt liberty & power to Thomas Venner, John Mileham, Samuell Bidfeild, James Mattuck, Willi: Cutter, Bartholo : Barlow, & the rest of the cowpers of Boston & Charlestowne, or the greater number of them, (upon due notice given to the rest,) to meete together, & to appoint a certeine time & place, to w"^"^ they shall call together all the cowpers, being housekeepers, & inhabiting w"»in this iurisdiction, who being so assembled, they, or the greater number of them, shall have power to choose a m' two wardens, foure & or six ass ^ , a clarke, a gager, a sealer, a packer, a searcher, & a beadle, w"^ such other officers as they shall find necessary, & these officers & ministers shalbe chosen, as aforesaid, every yeare, or oftner, in case of death, or departure out of the iurisdiction, or removeall for default, id ; w""" officers & ministers shall, each of them, take an oath. THE MASSACHUSETTS BAY IN NEW ENGLAND. suitable to his place, before the Governor or some of the magistrats, the same being f>scribotl, or alowed, by this Co^te; & the said cowpers, so assembled, as before, or at any other meeting or assembly, to ^^ °'"'''"- be appointed from time to time, by the m-^ and wardens, or the ni' w'>i or wardens, two of the associats, shall have power to make orders for the well ordering of their company, in the managing of their trade, all the & aSiiires thereunto belonging, & to change reforme the same, as & occasion shall require, & to annex reasonable poenantyes for breach of the same : Provided, that none of their said orders, nor any alteration therein, shalbe in force before they shall have bene pused & alowed by the CoHe of that county where they shall be made, or by the Co''te of Assistants. *And for the better executing of such orders, the said m', wardens, or [*211.J any tM'o of them, w"" four or six associats, or any thi-ee of them, shall have power to heare & determine all offences -against any of their said orders, & may inflict the poenalties fpscribed as aforesaid, & assease fines to the value of forty shillings or under for one offence ; & the clarke shall give warrant in writing to the beadle to levy the same, who shall have power thereupon to levy the same by distresse, as is used in other cases ; and all the said fines & forfeitures shall be implied to the benefit of the said company of cowpers, & to no other use ; and upon complaint of the said m' & wardens, or their atturny or advocate, in the County Co''te, of any pson or psons who shall use the arte or trade of a cowper, or any pt thereof, not being appved by the officers of the said cowpers to be a sufficient workman, the said Co''te shall ha-se power to send for such psons, & suppresse them. Provided, alwayes, that no unlawfull combination be made at any time by the said company of cowpers for inhancing the prices of caske or wages, whereby either our owne people or strangers may suffer. Pvlded, also, that in cases of difficulty the said officers and associats do not pceed to determine the cause but w*^ the advice of the ludges of that county, where the said cause doth first arise. Provided, that the priority of their grant shall not give them precedency of other companies that may hereafter be granted, but that point to be deter- mined by this Co'te when the [re] shalbe occasion thereof [by] exces- Provided, lastly, that if any pson shall find himselfe greived officers, he may complalne sive fines or other illegall pceedlngs of the said heare determine the thereof at the next Co^te of the county, who may & cause. of tliree yeares, & This coinission to continue & be of force for the space the same. no longer, except this Courte shall see cause to continue benefit of the coun- 725- Whereas the keeping of sheope tends much to the ; 252 THE RECORDS OP THE COLONY OF 1648. try, & may make a good supply in short time towards the cloathing thereof if they were carefully preserved, and for as much as all places are not fit [or] 18 October. convenient for that end^ it is therefore ordered, that [hencejforth it shall be Sheepe. lawfull for any man to keepe sheope in [any] comon, be it for cowes, oxen, id, belonging to the towne where he lives, or where at that time he may have right [to] comon, & that w^'out any limitation in coinons not stinted ; & in such comons that are stinted it s^ll be lawfull for any inhabitant to keepe any or all his ppor[tion] in sheope, accounting five sheope to one great beast and it is further ordered, that if any pson shall co[urse] w"" a dog, or other- [*212.] wise molest such sheope by driving *from their feeding, he shall pay five shillings for ev''y offence, besides double damages ; & if any dog shall kill any sheope, the owner shall either hang his dog forthwith or pay double damages for the sheope ; if the dog hath bene seene to course or bite any sheope before, not being set on, & his owner hath had notice thereof, then he shall both hang his dog & pay for the sheope ; if in such case he refuse to hang his dog, then the cunstable of the said towne shall forthwith cause it to be done. Hlngam Upon the petition of the souldiers of Hingham, it is ordered, that Bozoon Allen shall be leiftenant there, & Josua Hubbert .ensigne. Upon the petition of Robert Engals for recompence for his fathers death, w'''' he saith was by the insufficiency of Linn bridge, the Co''te doth order, that a warrant be sent to the marshall of Salem to warne an able iury (none of them to be of Linn) to inquire of the death of the said Engals, c& to cer- tify to the next Co'te of Assistants, ^6 ; the iury to be swome by Cap? Biidges. 726- It is ordered, & by the authority of this Courte enacted, that every Woolues. inhabitant, English or Indian, within this iurisdiction, that shall kill any wolfe or wolues, makeing good pufe to the cunstables of the towne where such wolfe is killed, bringing of their heads, w* the cunstable is to bury, if any English shall kill any, he shall be alowed thirty shillings at the least by the cunstable of such townes for the time being, ten shilling whereof the Treasurer, in the next levy that issues out of that towne to the country, he shall alow to the cunstable ; & for every Indian that shall kill any wolfe shall be alowed twenty shillings, ten shillings whereof shalbe alowed by the Treas- urer, as before, back againe to the cunstable, as aforesaid. This law to be of force for foure yeares. 727- It is ordered, that the select men of every towne shall & hereby have Hounds. power given them to purchase or pcure of the townes stock so many hounds as they thinke meete, & to impose the keeping of them on such as they thinke fitest, that so all meanes may be impved for the destruction of wolves, and THE MASSACHUSETTS BAY IN NEW ENGLAND. 253 that no other clogs shall be kept in any towne but such as the select men shall 16 4 8. ' see ' mecte no magistrate is to have ' : any hound imposed upon him, nor any October. dog taken from him, without his consent. ^^ *This Courte, being informed of great misdemeano' comitted by Edward [*213.] Starbuck, of w"' Dover, pfession of Anabaptistry, iS, for w""^ he is to be toAnab!"''' pceeded against at the next Co''te of Assistants, if evidence cann be f>pared by that time, & it being very fai-r for witnesses to travell to Boston, at that season of the yeare, — It is therefore ordered by this Courte, that the Secretary shall give coiiiis- sion to Cap? Thomas Wiggen & SI'' George Smith to send for such persons as they shall have notice to be able to testify in the said cause, & to take their testimonies upon oath, & certify the same to the Secretary so soone as may be, that further pceeding may be therein, as the cause shall require. "Whereas there hath bene lately a petition prefered to this Co''te by the 728— vintners of Boston & Charles Towne, wherein they exjJssed their desires for Vintners, an abatement upon the imposition of the Courte layd upon such as sell wine by retayle in Charles Towne & Boston aforesaid, or else that they may come to a composition for what they shall so sell, the Courte, upon debate amongst themselues, & conference had with the petitioners, have concluded & agreed as followeth : that whatsoever is due to the country from them, or any or either of them, for seling of ^^-ine, or licenses so to do, unto this day, shall be duely paid, & full satisfaction made ; and for the future, we further make this agree- shall pay, from mcnt & composition w"^ all the vintners now licensed : they yeare to yeare, for their licenses & liberties to sell wine, & imposition layd thereof, the full suiTie of one hundred & sixty pound p annum, currant pay, to be paid by the vintners aforesaid unto the Treasurer for the time being, the one halfe at the expiration of six months next ensuing, & the other halfe at a yeares end, & so to continue the payment of the aforesaid sume of 160* in the forme before expressed, for the tearme of five yeares now next follomng, they its further ordered, selino- wines at such rates as thev are now sould for. Also, to^vnes above men- that no pson or psons whatsoever, inhabiting w"'in the sell any wine by retaile but tioned, shall from henceforth have any liberty to : yeares be expired, the such as are already licensed, untill the tearme of five wherein they shalbe bound, said vintners shall give bond to the Treasurer, 160* yearely, according to the ioyntly & severally, for the true payment of the James *Penn are chosen a [*214.J said order of composition; & Capl Keayne & after the Co^te is broken up, if coinittee to confirme o^ graunt to the vintn's, 27'^ 8'" A, 1648. need of any fiu-ther & more be desired. Dated between this psent Co'te & the Whereas a composition hath bene made 254 THE RECORDS OF THE COLONY OF 16 48. vintn's licensed to retaile -wines in the townes of Boston & Charles Towne, for five yeares to come, by w"^ the said vintners are to pay yearely to the treasury 18 October. one hundred & sixty pound, as by the order of composition appeares, — Now, for the better enabling of the said vintn's to pay the said composi- tion, & that neither they nor the' country may be wronged by other persons retailing wines without license, or any satisfaction to the publike, — It is ordered by this Co''te, that, for the better recovery of the pcenalty imposed upon such offenders by the former lawe, & for the better discovery of the same, it shall be lawfuU to the said vintners of Boston & Charles Towne to choose two meete psons, one for Boston & the other for Charles Towne, who, being alowed under the hand of any two of the magistrates, shall have power from time to time to enter into the houses of all such psons in the said townes as they shall suspect to retayle wines contrary to lawe, & to warne such psons as they shall find there drinking, or lately to have drunke wine there, to go forthw"* before some ma*™*®, to be examined upon oath concerning the same, & upon due testimony, such ma'"'*" shall send for the pson so found to have retailed any wine, & bind him over (w"" sureties, if he see cause) to the next Co''te, there to be pceeded w'^ according to lawe, &, being found guilty, the said poenalty of five pound, by law appointed, shall forthwith be levyed, with- out any remission or mittigation. And upon information given to any ma*'^*'* at any time, by either of the said psons so alowed to search, or by any of the said vintn's, of any psons so retailing wine, contrary to law, & of any persons who are supposed to be able to testify thereof, such ma'™''' shall send for such pson & witnesses, & j)ceed therein, as before. Rates of corne. It i^ ordered, that all sorts of corne which shall be paid in the country rate shalbe paid at these rates & prizes following, videlicet : wheate and barly at five shillings p bushell ; rye & pease at foure shillings p bushell ; Indian at three shillings p bushell. This order shall not concerne the prizes of any corne other then what is paid in for rates. [*215.] *Whereas M" Rebecca Hall, of Salsberry, g>ferred a petition to this hon- M" Hall. o''ed Co''te, for the confirmation of the sale of some lands left her by her hus- band, deceased, & this hono''ed Co''te refered the answere thereof to the Co"'te at Hampton, w'^*' she being ignorant of, & therefore nothing was done, humbly desires that the answere to her former petition may be answered at the next Co'-te at Salsberry. Ed Mores : Upon the petition of Edmond Mores, that this Co''te would be pleased pet. granted . . „ t* ^ ab> M' Jn» (on the condition of the paym' of the sumc agreed upon to the executo''s & Lewies. overseers of John Lowle, deceased, or such of them as the Co'te shall approve, as guai-dions to the children, the inheritance of the said lands sould him, w"" THE MASSACHUSETTS BAY IN NEW ENGLAND 255 liberties mentioned in the sale) to confirme to them, w=^ petition the Co^te 1 i ufa-t 8 , doth graunt. A question arising about the interpretation of a clause in a law made 42 ^^ "''°^"- about tryall of actions, vizj, ^., whether a psonall action, as for battery, IS, acco inlt^ ansemg upon an act comited in England, the & parties come both into this v^ts. iurisdictlon, whether, by law, we are barred from trying the action of battery m::rrsZ in this iurisdiction, the Co-'te hath * ""^^ ^^ ^^^ voted that we are not barred by that lawe, ^'""' because a personall action foUoweth ^^'^^ ^' the pson, & from the pson oncly the cause of the action ariseth. The Answere of the CoHe concernmg Cambridge Petition, & the Castle. The last order of Cone, concerning the Castle, about three yeares since, 730- appointed a garrison of twenty men in suiner & tenn men in winter, besides Castle. the captaine & gunner, w'=^ charges amounteth to two hundred & eighty pounds p @, at eighty pound sallery for the cap? & gunner, & twelue pound for p @ the souldiers ; one hundred & fiftye to be paid by the country, the remainder by the five townes, vizj, Boston, fifty-two pounds ; Eoxberry, fif- teen pound twelue shillings ; Dorchester, twenty pound ; Cambridge, twenty pounds ; Charles To^svue, twenty pound : but we are informed, that by reason of the small alowance to souldiers, the Castle hath seldome or never bene sup- plied w"' the full number before mentioned, & many times w"> unmeete & unserviceable men, &, however the townes are willing to continue the former contributions, according *to their jjportions, yet are not able to supply men, [*216.] according to their first undertaking, without inlarging their contributions, w"'' would be too heavy a burthen, at least to some of them ; we therefore thinke that a garrison of tenn men a wceke, from the lO"" of the 2"^ month till the 10"^ of the 8"^ month, & six men a weeke in the other six months, may be an alarum given by the Castle, vizj, by shoot- sufficient ; jjvided, that upon ing of two great guns, & fireing a beacon, & hoysing & lowering the flag, or any two of the said signes, the councell of the comon wealth, or in theii- absence the Govern', or any ma'«"% or in their absence the cheife millitary for officer then in Boston, shall forthw''^ send forty men, sufficiently armed, id, that defence of the said Castle, till further order be taken. And to the end ten men the Castle may be constantly furnished w'" the aforesaid garrison of every souldier in the sumer & six men in the wint% we thinke meete that be huired by shall have alowed him eight shillings a weeke, & such as cannot 8' wceke, he, the said the captaine of the Castle, for the said alowance of p for the time being, captaine, shall have power, by warrant from the Governo' service, the cap? or any two ma"^'% to presse meete men for the aforesaid & : 256 THE KECOKDS OF THE COLONY OF shall take care to employ the said souldiers foure houres in a day, either in repairing or ading to the fortification of the said iland, as in his discretion he shall thinke mcete. And whereas there wilbe in this way about forty pound p @ charges lessened, we conceive it meete that Cambridge shalbe abated five pound six- teen shillings p @, Roxberry twenty-foure bushels of Indian corne, the country to have the benefit of the rest, w"'' will be neere thirty pound p @, the other three townes continuing their former contributions. 731- The Co''te doth thinke that the millitary officers & souldiers should have Militarie offi- all due incuragment in the pformance of their offices & services, as well as cers encou'. some relaxations of their paines & charges, & therefore have agreed that the [*217.] regiment under Maior Gibons shall meete & exercise together the next *yeare, that under INIaior Sedgwick the next yeare after, & that regiment under Maior Denison the third yeare, so that every yeare one regiment onely shall so meete & exercise together, & that every yeare, that regiment that shall so meete & exercise, the maior thereof for the time being shall have twenty pound alowed him out of the treasury, to defray his charges. 732- Upon the petition of Linn, for an yearly contribution toward their bridge, Lin. bridge. the Court doth consent to alow them thirty shillings p @ towards the mainte- nance of it. Way fro Redd, Upon the petition of Mistick side men, it is ordered, that Thomas Line, to Winesemet. Ixmior, & M'' Joseph Hill shall be ioyned w"" the former comittee to take a new survey of the most convenient place for the way from Reding to Winnet- semet, & to make certificate of their ap^hensions thereabout. Upon the petition of Cap? Eob''t Keayne, M' Eich''d Browne, & M'' E,ich''d Parker, for power to veiw & lay out their severall ^portions of land, & according as their lotts fell, in some place w"'out the bounds of Dedham line, if it be there to be had, & Edward Jackson, w"' some other surveyor that they can get, to lay out the same. Grant to Cap' The lands formerly granted to Cap? Keayne, (for himselfe & those whose Kane. &c. lands purchased,) : he M' Rich Browne, M' Parker, Willi : Denison, "Willi Parke, & John Johnson, are ordered to be layd out in the place whereabouts the bridge should be built, over Ipswich Ryver, between Andover & Reding, they offering, at their owne charge, ^sently to build the bridge, if no farmes be layd out thereupon already if ; there should, the country should be freed, & the own's of the land should be lyable to build the bridge. G' to M' Pel- ham^ &c, an" Upon the petition of Harbert Pelham, Esgp, he haveing put in fifty pound 1659. VideUb. adventure in the comon stocke, & M' Walgrave as much, the 3', p' 308. Co'te doth grant THE MASSACHUSETTS BAY IN NEW ENGLAND. M' Pelham 400 acres of land for himselfe, & 400 acres for the heires or as- signes of M' Thorn : Walgrave. 18 October. Upon the petition of Boston, for two faires in the yeare, they are granted them, the one to be the first third day of the third month, & the other the Fayros at E. 8"' first third day of the month, to continue for two or tln-ee dayes together. To the petition of Elisa M" : Cole it is answered, *this petitioner haveing [*218.] received a satisfactory answere, upon her former petition, for the restoreino- her said deed to its due force & efficacy, w'^'' her selfe acknowledgeth, this Co'"te hath no more to do, especially the petition' not haveing used any indeavo'' to reape the benefit of the said order, by psecuting upon her said deed, as shoe ought & pretended to do ; & whereas she ptends the absence of her brother. Franc Doughty, fd, this CoHe will indeavo"' to pcure his returne to Boston, to answere her, ({}, if she will put in good security to pay such charges & damages as shall be iadged against her, if the cause, upon hearing, shall passe against her. Whereas it is found by experience, that a greate quantity of wine is spent, 734- '^™°''°^^- & much thereof abused to excesse of drinking & unto drunkennes it selfe, not- w'l'standing all the hoalsome lawes pvided & published for the ]5>venting there- of, w'^'' tendeth much to the dishono"^ of God, the discredit of the gospell, to the shame of the country, & much offencive to all godly people amongst o''selues, & such as are in confederation w*!" us, & much to be feared, if not speedily pvented, it will bring some stroake of Gods heavy hand upon us, it is therefore ordered, that if any pson, who is by this Co''te alowed to sell wine or •^ * •' Vintners & beere, shall, from this time forward, conceale in his house any pson that shall victuallers. be found drunken, & shall not forthw"^ pcure a cunstable, whereby such a drunken pson may be brought before some ma''"*', to the end he may receive condigne punishm', in the interim the said vintner or drawer of beere to stay the pson untill the cunstable shall come ; & in case the vintner or drawer of beere shall not forthwith attend the execution of this order, he shall forfeit to the use of the country five pound for every such default. And hereby it is declared that the power of each ma'"''^ is further ratified, & their utmost care therein is further desired, that as oft as they see meete, to coiiiaund a cunstable to accompany them, by day or by night, to enter into any taverne or victualing house to search out any such disorders as aforesaid, & finding any such pson or or psons, to imprison them, or put them into the stocks, according as he shall see cause. Upon the petition of Stephen Fosditch, that his land may be disingaged StiFosditch. five pounds, being otherwise well satisfied, w'^'' is granted. *Upon the petition of Dedham for Eleazer Lusher to be their captaine, [*219.] VOL. II. 33 : 258 THE RECORDS OP THE COLONY OF 16 4 8. Josua Fisher their leiftenant, & Henry Philips their ensigne, their petition is granted. 18 October. The village at at Ipswich is named Toppesfeild. Toppsfeild. the newe medowes In answere to the petition of M' Eob't Saltonstall, he is at liberty to sue Eo : Saltonst for his land as he desires, & if Dover men, {6, have damnified him, he may sue for recompence ; for except he had mentioned the order of this Co'^te in his piudice Vfe cannot take notice of any. For the writing he speaks of in David Sellicks hand, if he will not pduce it, the petition'' may compell him to it by course of law ; & when it is pduced, this Co'^te will consider of it. insteed of Tompsons Dorchester. Upon the petition of Dorchester, for some iland Hand, the Co^'te is wiling to answer their petition when the towne ^sents that w"*" is fit to be given. Upon the petition of M"^ Eliot, the Co'te agreed & ordered, that none in 735- Boston shall sell wine to the Indians but Willi : Philips, upon paine of twenty Wine to Ind'. shillings for every offence, to be heard & determined by any ma*™'=, as in the case of drunkennes. Thomas Underwood, the deputy of Hingham, in consid'ation of his urgent occasions, is dismissed. Upon the request of the towne of Wooburne, Leif ? Johnson is appointed to see people ioyne in marriage, for one yeare. Upon the request of the inhabitants of Andover, Math : Boyse, of Rowly, [Henry] Shorte, of Newberry, Ensigne Howlet, of Ipswich, & John Osgood, of Andover, these, or any three of them, to set out the high wayes, from Andover to Newberry, from Andover to Rowly, & from Andover to Ipswich. : bils, for his "W: Arnold. Willi Arnold, upon his severall & owne charges, is alowed eight pound seaventeen shillings & three pence, as p pticulers appeareth. It is ordered, that John Webster should have order to the marshall to demaund, & if not satisfied to levy, five pound four shillings of the inhab- itants of Pascataq, Ryver. M : Oliuer. Upon the petition of Mary Oliver, the wife of Thorn : Oliv"", the Co'te is not willing to remit the fine of term pound, but would take some good tryall of her upon her ^sent submission & jmise, & therefore is willing that her fine be respited for the levying of it, untill this CoHe shall give further order therein. No shooting on The m"' of the Dutch ship made four shot in o' harbo', the last Lords L. day. day, after sunn set, whereby he hath forfeted forty shillings p shott ; but in regard he is a stranger, & no man in his ship can speake Inglish, nor any course hath formerly, or now was taken, to give him notice of the law, the — THE MASSACHUSETTS BAY IN NEW ENGLAND. 259 Co'tc thmke fit that the pocnalty for the p.sent offence be remitted to forty 16 4 8. bliillings, & some course taken for givemg notice to strangers of the said 18 October. order, & other of like kind, hereafter. It is ordered, that the audito'' should signe the bill of charges of fourteen pound sixteen shillings & eleven pence, to be paid by the Treasurer out of the country rate. *Upon the petition of John Hayden, the Co'te voted, he should have five [*220.] pound given him by the country, to be paid by the audito'^ gen'all, out of the revenues that comes to us for the imposition of Avines. Upon the petition of Rachell Levins, that the pcell of land sould by her M .- stebbin- husband, John Levins, to Martin Stebbin, & by Martin Stebbin to Rich'^d Gardner, writing, & no may be confii-med to the said Martin & Eich : Gardner, & his heires, w'^'' is granted. Upon the petition of John Endecot, Es^), for the 550 a6 of land granted ^' Endicots & oth' grant. unto him, & 250 ad granted Capt W™ Hathorne, & 250 acres granted Cap? Traske, may be layd out by order of this CoHe. It is ord'ed, that the three lots above mentioned shalbe layd out by Leifi Walker & Serieant Marshall, of Reding. Upon the petition of Christopher Clarke, his fine, for shooting in the night, is remitted. For the better earning on the occasions of the Generall Co'"te, & to the end that the records of the same, together w"" what shall be ;Psented by way of petition, ^(3, or passes by way of vote, either amongst the magistrates or deputies, may hereafter be more exactly recorded, & kept for publike use, 736- It is hereby ordered, that as there is a secretary amongst the magistrates, is gen'all officer of the coiiion wealth, for the keeping the publilie (who the f^. q^^, qj,j,_ records of the same,) so there shall be a clarke amongst the deputies, to be chosen by them, from time to time ; that (by the Co'te of Elections, and then the officers to begin their entryes, & their recompence accordingly) there be provided, by the audito'', four large- paper books, in folio, bound up with velum & pastboard, two whereof to be delivered to the secretary, & two to the clarke of the House of Deputies, one to be a iournall to each of them, the other for the faire entry of all lawes, acts, & orders, ^, that shall passe the magistrates & deputies, that of the secretaries to be the publike record of the country, that of the clarkes to be a booke onely of coppies. That the secretary & clarke for the deputies shall breifly enter into their iournals, respectively, the titles of all bills, orders, lawes, petitions, id, w"^ shalbe ^sented & read amongst them, what are referd to coiuittees, & what are voted negatively or affirmatively, & so for *any addition or alteration. [*221.] 260 THE RECORDS OF THE COLONY OF 16 4 8. That all bills, lawes, petitions, ^(5, w"='> shalbe last concluded amongst the ^ ^ ' magistrats, shall remaine "vv"' the Governer till the latter end of that sessions, 18 October. & such as are last assented to by the deputies shall remaine w"* the speaker till the said time, when the whole Co''te shall rneete together, or a coiviittee of magistrates & deputies, to consider what hath passed that sessions, where the secretary & clarke shall be ^sent, & by their iournals call for such bils, id, as hath passed eith' house, & such as shall appeare to have passed the magistrates & deputies shall be delivered to the secretaiy to record, who shall record the same w""in one month after every sessions, vi'^^ being done, the clarke of the deputies shall have liberty, for one month after, to transcribe the same into his booke ; & such bills, orders, ^6, that hath onely passed the magistrates, shall be deliv^ed to the secretary to keepe upon file, & such as have onely passed the deputies shalbe delivered to their clarke to be kept upon file, in like man- Written la-wes. ner, or otherwise disposed of, as the whole Co^^te shall appoint ; that all lawes, orders, & acts of CoHe, contained in the ould bookes, that are of force, & hot ordered to be printed, be transcribed in some alphabeticall or methodicall way, by direction of some comittee that this Co^^te shall please to appoint, & deliv''ed to the secretary to record in the first place, in the said booke of records, & then the acts of the other sessions in order accordingly, & a coppy of all to be transcribed by the clarke of the deputies, as aforesaid. Fees. That the secretary be alowed, for his paines, twenty marke p @ , & the clarke of the deputies ten pound p @, to be paid out of the treasury, till the CoHe shall appoint their recompence by fees, or otherwise. 27 October. 27'^ S'* .M\ Impost of wine Forasmuch as, upon expience, we find some inconveniences that arise in farm''. getlng in & gathering up the customs of wine as it hath hitherto bene carried on, & that we are wiling to avoyde offence as much as may be, the Co''te, upon some debate, hath agreed, upon that consideration of the suine of one hundred & twenty pound p @ that is to be given by Maior SedgMsick & M"^ lol— Russell, the custome of wines shalbe confirmed to them, & power given unto them for recovery of the same, w'^'^ said 120* p @ shalbe paid to the cap? and garrison at the Castle as a pt of that w*^"" the country is ingaged to pay unto them. This they are to have the tearme of foure yeares. Lin. Upon the petition of the inhabitants of Linn, the Co''te doth returne ~22.] [ this answere : It doth conceive, according to that *w'^'' the lawe interprets, 738- that by publike rates, taxes, ^(3, are ment rates, levies, or asseasm'^ of the comon wealth, & not of towne or church. Castle. It is ordered, that the Treasurer for the time being shall, from time to — ; THE MASSACHUSETTS BAY IN NEW ENGLAND. 261 time, pay unto the cap?, gunner, & souldiers of the Castle theli- severall pen- 16 4 8. ' sions unto " duo them at the day of pajnnent out of the first rates that shall ' ^^ October. come mto the treasury, & before any oth"^ debts shalbe satisfied. Wid. Bayle. In ansAvere to the petition of Edury Bayly, widow, the CoHe doth con- ^dny. ceive, that it wilbe most agreeable to the will of Bayly, & for an equall co^'se between the M'idow Bayly & her child or cliildren, that the forty six pound be satisfied as a debt to the child, & that the rest of the estate be disposed, -J to the mother & the oth'^ f to the cluld, to remaine in the moth" hands for the education of the child untill it come to 21, but the childs two pts of the remaining estate to be to the child at 14, & the mother to give security for pformance hereof j pvided, that the petition'' shall give in security to Hal- steeds execute" to be accountable for the said 46* given to the w">ui men- tioned Joseph Bayly. It is voted, for tryall untill the next Co^'te, that all passable or payable Peage, peage henceforth shalbe intiro, w"'out breaches, both the white & black, w'^out deforming spots, sutably strung in eight knowne peels — the peny, 3'^, 12'', 5% in white ; the 2\ 6^ 2^-% & 10», in black. The Co''te, haveing taken into their serious consid''ation the great for- G' to M' E«« wardnes & readines of M'^ Edw'^ Hawson to advance so hopefuU a designe as Keapeic'd. the makeing of salt petei w"'in this iurisdiction, Avho for that end & purpose hath disbursed certein monyes, to his great losse & damage, ^sented to us at large in his petition deliv''ed into this ^sent Co''te, have therefore, in consid''a- tion of the J^mises, & auswere to his said petition, given & granted to him & his heires 500 ad of land at Pequot, to be layd out by the appointm' of the Co'te, as also five pound, to be paid him out of the treasury. Whereas, by sad expicncc, it is found very burthensome unto this Co''te that many petitions of inconsid''able concernm* are in ev'y CoHe ]?sented, w* occasion much expence of time, & tend greatly to the exhausting the estate of the country, 739— It is hereby ordered, that all petitions w"'' are of a coinon & ordinary na- Peticons. ture, the petition'^ shall, on the deliv^'y thereof, pay unto the secretary or clarke where the same shall be deliv''ed two shillings six pence for each petition. And all petitions for abatements of fines or mittigation *of ofiences shall [*223.] shillings pay unto the secretary or clarke, on delivery thereof, ten ; & aU petitions for gratuities shall pay, as in former mann"' is ex^ssed, ten shillings towne & all petitions that concerne controversies betwixt pson & pson, & betwixte pty towne, shall pay tenn shillings ,• & also all petitions for debts & pty, brought from Quarter CoHs, or that concerne appeales, shall pay ten shillings, besides the charges of the Cone borne, as by the former order is THE KECORDS OP THE COLONY OP provided for ; and all oth'^ petitions, of what nature soever, to pay according to these ppositions. Neverthelesse, it is hereby ord'ed & declared, that all such petitions that concerne any ingagment that shalbe betwixt the country & any credito' is hereby exempted, & that any magistrate or deputy of this Co'te may j^sent any petition wherein his owne psonall right is concernd, paym' excepted, and that there shalbe a true entry made by the secretary of the number of peti- tions that shalbe delivered to the magistrates, & that the like shalbe done of all petitions that shalbe delivered unto the deputies ; & all such fees as are pduced by such petitions shalbe received or secured by the secretary or clarke, & discounted in pt of their annuall alowance given unto them by the Co''te, on consid'ations ex^ssed in the order that concernes their impliment ; & this shall take place, & be in force, at the first session of the next Generall Co'te. 740- For giventing the ferrimens damage, by psons not paying, i6, it shall be Ferric mO. lawfuU for any ferriman to demand & receive his due, before his boate put of from shore, nor shall he be bound to passe over any that shall not give satis- faction ; & any ferriman may refuse any wampam, not stringed or unmar- chantable, & such psons (whether horse or foote) w* are passage free by order of Co'te must shew some thing sufficient for their discharge, or else must pay, as oth" do, except magistrats & deputies, i&, who are getfally knowne to be free. It is ord^'ed, by the full Co'te, that the bookes of lawes, now at the presse, may he sould in quires, at three shillings the booke ; pvided that every mem- ber of this Co'te shall have one w*out price, & the audito'' gen'all, & M'' Joseph Hill, for w"'' there shalbe 50 in all so disposed, by appointm' of this Co'-te. M' Pocock. M'' Pocock his fifty pound to be paid to his agent here in come, if he will accept it ; if not, some com-se to be taken by the Treasurer to pay it in Eng- M' Sherley. land, if he can ; the like course to be taken for the paym' of ISI'' Sherly. Jos : Armitage Joseph Armitage is agreed w"^ for this yeare for liberty to sell wine, for twenty nobles. Fines of The townes of Dorchester & Hull, being defective in sending in their D. & Bull. comission", & furnishing them w* sufficient instructions for makeing the [*224.] country rate, their fines, *specified in the order concerning rates, are abated unto five shillings a towne. F. of The townes of Braintree & Hingham, being defective in sending in their B. &H. comission" for making their country rate, their fines, specified in the order concerning rates, are abated to fortye shillings a peece. 741- In the case of Mistick bridge, SP Davison being sent for, the evidence he Mestick bridge. can give being heard & examined, w"" the records of the Gen'aU Co'te, it THE MASSACHUSETTS BAY IN NEW ENGLAND. 263 appeares, that though the Generall Co'te hath engaged for an exemption of 16 4 8. "^ rates for that yeare, & finish the same on their charge, w* accordingly hath ' '— bene pformed, but it appeares not in the least that the Generall Co'te did engage to the repairing thereof, the Co'te, being satisfied w"' the records, do order, that the said Mistick bridge henceforth shall not, by the country, any way be repaired, & that the passage for travellers shall be over the foai-de w'^^ is above the bridg" further, for the ; & ^venting future charges about bridges & 742- high waycs, it is ordered, that all bridges & highwayes, in the limitts of the Bridges. severall towneships, that now are or hereafter shalbe made by the severall townes, in whose limits such bridges & highwayes are, be by them repaired, made, & maintained. The iland called Lovels Hand is given unto the inhabitants of Charles Louiis Hand to Towne, & their heires & successors forever ; pvided, that halfe of the timber & fire wood shall belong to the garrison at the Castle, to be impved wholly there. This was ord''ed w"" consent of the deputies of Charles Towne. For answerc to Pumhoms petition, it is ord''ed, that when the season shall Pamhom. be fiting, coiiiission''s shalbe sent to heare & examine the matters of this peti- tion, & to make certificate thereof, so as the Co"'te may pceed to determine the same according to iustice, w"'' is the rather to be done because the other pty have coMiplained to the coinission''' lately of great iniuries & damages sustained by them, from the petitioner & his men. It is ordered, that the servants of Hugh Gullison shalbe alowed from the Treasurer, for their attendance, twenty shillings ; & so also is the like suine of twenty shillings alowed to be paid to the servants of W"" Philips, for their at- tendance on o' honored magistrates. M' Saltonstall & M'^ Symons, being fined fifty shillings a peece for their absence* from the CoHe, upon their reasonable excuses their fines were taken of. Maior Gibons, haveiag some wines aboard the Dutch ship, desireing he Lib. to land . ' "Wines. oil 1 1 may have leave to land so many as want trimmg, & take them aboard againe w*''out paying custome, w"^ is granted. *It was left to the Co^e of Assistants (if they shall see cause) to appoint [*225.J ^ sgivmg. a day of thanksgiving throughout the colony. It was voted, that in the booke of lawes, title Appeales, in the last line save one, " iust " to be entered next before " charges," & the audito' gen''all to see it entered in ev'y booke. The Resolutions of the Co'te, concerning some ^positions made to the Gen'all Resoi. touch. tlifi colonies. „ ,, , -,-r . , ,-^1 T • Co'^ts of all the United Colonies. intended w*^ the Dutch, in the i»po. 1, pa. 17. Forasmuch as a meeting is 264 THE KECORDS OF THE COLONY OF 16 4 8. 4"^ A nextj for ending differences & setteling trade, (6, it is thought expedient to deferr any determination about this ^position untill the result of that meet- 27 October. ing shall appeare, & then the CoHe shall know better how to proceede. Pposi. 2. 17. In case where, for want of agreement of six comissioners, the matter shalbe refeired to the foure Gen''all Co''tes. It is the mind of this Co'te, concuring w"' the desire of the comission", that the agreem* of any three of the Gen''all Cortes shall determine the ques- tion. This Co'te wiU consider further of this. Ppo. 3. 24c. This consisting of many branches, & the Co'te not haveing time to consider their owne lawes & practise in this case, have referred it to a committee to examine, ^6, & certify the next Co^'te. Ppo. 4. 24. It appeares in the booke of the acts of the comission", fol. ^ , that M'' Fenwick should ioyne w"' us in runing that south line, to de- cide the question about "Woronoco, ^, but M' Fenwick fayled to send any to ioyne w"^ us, whereupon we did it at o' owne charge ; & Woronoco was there- upon ordered, by the coinission", to the Massachusets ; but we shall be ready to ioyne w"* o' brethren of Conectecot in a newe surrey, so as they will be at the whole charge, in this, as we were in the other, & w^'all pduce their patent, as we have done. , ©po. 5. 25. This CoHe consents to this pposition for alowing two Indians, each of them as „ j ^, upon confidence of M' Eliots good assurance of the falthfuhies of these two Indians) so as the order be drawne up as an act of this Cone, ie. The Courte have chosen the Governo'', Cap? Keayne, Cap? Atherton, & Maior Denison to be a comittee, they, or any three of them, to pforme this, the Gov'n'' being one. [Page 226 left blank.] 16 4 9. *At a Generall CoHe of Election, at Boston, the 2^ of the 8'' M% ' ' ' 1649. 2 May. [*^^1-] Deputies, this Courte. Ca : W"" Hathome, Ca : Ro : Keajnae, Henry Bartholmew, James Penn, Maior Ro : Sedgwick, Ca : Hugh Prichard, M' Franc "Willoughby, Willi : Parkes, M' John Glover, Rich''d Browne, Thom : Jones, EphraiJli Child, THE MASSACHUSETTS BAY IN NEW ENGLAND. Thorn : Layton, W" Estowe, Cap : Dani : Gookin, Hum : Reyner, EdW^ Jackson, Edmond Goodenow, Ca : Dani : Denison, Ca : W^ Ting, Robert Paine, »Samu : Basse, Edward Eawson, Obedi : Bruen, Leif? W'^ Tory, Lelf ? Edw"! Johnson, Nicho : Jacobs, WilU : Fiske, John Beale, RoVt Clements, Cap? Sym : Will--d, Rich'-d Walker, Antho : Fisher, John Jolinson. Leifi Ro : Pike, [For those made free this Court, see lists of freemen at the end of this volume.] JOHN ENDECOT, Es^, was chosen Govern', & tooke his oath to dis- charge the same place for this y" ensuing. Thomas Dudley, Es^, was chosen Deputy GoY''n', & tooke the oath to that place belonging. * Rich'd Bellingham, Es^, was chosen an Assistant, & tooke his oath. Rich^'d Saltonstall, Es^, was chosen Assistant, & tooke his oath. WiUiam Pinchin, gen?, was chosen an Assistant, & tooke his oath. John Winthrope, luni :, gen?, was chosen an Assistant, and ^ Harbert P^lham, Es^, was chosen an Assistant, and ^ Symon Bradstreete, gent, was chosen an Assistant, and took his oath. Increase Nowell was chosen an Assistant, and tooke his oath. William Hibbens was chosen an Assistant, and tooke his oath. M'' Thomas Flint was chosen an Assistant, & tooke his oath. M'' Samuell Symonds was chosen an Assistant, & tooke his oath. Ca:p? Rott Bridges was chosen an Assistant, & tooke his oath Maior Edw"* Gibons is chosen Maior Gen^'all, & tooke his oath. M'' Symon Bradstreete was chosen one of the Comissioners for this yeare. Thomas Dudley, Es^, Deputy Gov'^no', was chosen the oth' Comission' for this yeare. John Endecot, Es^, o' ]p>sent Gov'no% & Rich : Bellingham, Es^*, were chosen reserves. Increase Nowell was chosen Secretary. M"' Rich'"d Russell was chosen Treasurer. The petition of Salem, for removeall of the high way and landing place, from the head of the Basse Ryver to Drapers Point, is granted. In answere to the petition of George Carr, the Co''te doth conceive it meete that the petitioner shall have the free use of Ram Hand, so long as he VOL. II. 34 ;: 266 THE RECOEDS OF THE COLONY OF 16 4 9. dotK or shall diligently attend & serve the country, in keeping of the feiTy ' '' ' shall between Salsberry & Newberry ; & liberty is granted him, as occasion ^sent, to fetch any passingers from Newberry side, & M'' Coffin hath liberty to fetch any passingers also from Salsberry side, as occasion shalbe, that so the country may surely be served. Upon the petition of Willi : Browne, for the 200 acres (due for the sum of 25*, put into the ioynt stock by M" Ann Harvye) to be granted him without the west line of Sudbury, to be layd out by Cap? Willard & Serieant "Wheeler, to him being approved to have sufficient deputation fro" his aunt. [*228.] *For explanation of the order of the last CoHe, upon the petition of Ed : Bayle. Edney Bayley, & in answere to the petition of Ezechiell Northin, her present husband, exhibited to this Co''te, & for a finall determination of the case, it is ordered, that the 46* given to the child or children of Edney Bayly, by Willi Halsteed, shall reiriaine in the hands of Ezech : Northin, husband to the said Edney, till Joseph Bayly, sonne of Eich'd Bayly, deceased, shall attaine the age of 21 yeares, & then so much thereof to be paid to the said Joseph, as the will of the said Willi : Halsteed, the donor thereof, doth appoint, & that the said Josephs portion, out of the fath" estate, shall be 4P, w'^'' is two third parts of the said estate,, w'^'' soine of 41* shall also remaine in the hands of the said Ezechi : Northin, till the said Joseph shall attaine the age of 14 yeares pvided, that the said Ez^ Northin give sufficient security to y* next Co''te, to be houlden at Ipswich, for the well educating of the said Joseph Bayly, till he shall attaine the age of 21 yeares, & for the paying of the said legacy & por- tion, as formerly is exprest. Marble Head. Upon the petition of the inhabitants of Marble Head, for them to be a towne of them selues ; Salem haveing granted them to be a towne of them- selues, & appointed them the bounds of their towne, w* the Co''te doth graunt. 743- At the request of the county of Norfolk, it is ordered, that the constant Norfolk. dayes for the keeping their County Co'"te from henceforth, for Salsberry, from yeare to yeare, shall begin the second Tewsday in Aprill, & at Hampton yearely the first third day in October ; & for this yeare, Rich''d Bellingham, Es^, w"i & M'' Samu : Symonds shall keepe Co'tes there, Cap? Thomas Wiggen, M'' Samu : Dudley, & M"^ Kobt Clements, as associats, to ioyne w"" them. Lei^ Tore, 4". T^^e Co-'te, finding that Leifi Tory was implied as clarke the last session of the Generall CoHe, to frame to the House of Deputies their bils, & tran- scribe fairely the ord^-s of that yeare in their booke, (w'^'' he hath done,) should have meete . & iust recompence for his paines, agreed that he should be alowed ' THE MASSACHUSETTS BAY IN NEW ENGLAND. 267 out of the treasury 4*, as satisfaction for his paines, out of the next country 16 4 9. ~ — levy, from the towne of Waymoth. v— In answere to Charles petition, Towne wee understand, by Leif? Sprage & tJ : Line, then deputies the Thom of Cone, that the coiiion granted to Mistick ,^ ^^ , ° Meadf. fariue farme, by order of Co'"te, was meerely for prevention of trespasing on Charles P'P'<=" "f Towne bounds, do alowe the said farme coinon for 15 head of cattle, on the back side of Mistick farme, so long as the said land of Charles Towne^ lying on the back side of Mistick farme, lye in comon, & no longer. Questions ppounded by the Maior Generall touching his Office. First. Whether it be transgression of order to spend part of 1, 2, or 3 of those days mentioned in the coinission, in fortification, & to discipline their men that way ? An. We conceive the 8 dayes exercise is to be spent in the exercise of Militarie. armes, av'='' dayes we conceive fewe enough for that purpose, so majiy being taken of for gen''all traineings ; but leave it to the wisdome of the maior gen- erall to improve his company 1 or 2 dayes about fortification, in Boston onely. *2. Who is the councell I must repaire to, for power to issue out war- r*229.J rants, for the calling of two regiments together ? An. The councell of the coinon wealth. 3. What shall be accounted sufficient publishing the lawes made in time of warr? An. In the head of the army, then gathered together in the feilde. 4. Whether these may not be, for explanation, inserted into the comission for the maior generall ? An. Wee conceive it not necessary. in ca[se] six 1. In answere to the first pposition: What should be done, of the comission" of the United Colonies agree not wheth' the matter should be determined by three Generall Co^'tes, or foure ? further of this ppo- An. To this we answere, that this Co'te will consid^ sition. 2"* Dutch laying imposition 2. In answere to the pposition, about the upon marchants ? are informed, hath An. To this we answere, the Dutch Governo', as we there, if he shall continue, taken of all imposition layd upon marchants w* indempmty. we conceive there needs no provision for our owne the Massachusets Conecte- 3. In answere to the 3 proposition, that & : 268 THE RECORDS OF THE COLONY OP 16 4 9. cot should agree upon some equall way for the runing of the Massachusets line? 2 May. An. It appeares in the booke of the acts of the comission''Sj fol. 20^ that M' Fenwick should ioyne w"* us in runing that south line, to decide the ques- tion about "Woronoco, {S ; but M' Fenwick failed to send in any to ioyne w* us ; whereupon we did it at o'' owne charge, & Woronoco was thereupon ordered by the coiuission's to the Massachusets ; but we shall be ready to ioyne w"' o' breth'n of Coiiectecot in a new survey, so as they will be at the whole charge in this, as we were in the other, &, w*''all, pduce their patent, as we have done. 4. In answere to the question about the probate of wills, & granting let- ters of administration? An. Wee agree & fully assent to the desire of the comissiotfs, pvided th[at] the sev''all Gen'all Cctes of the rest of the colonies consent thereunto, & make orders accordingly. gr. 5th 2 guns to g "Pg jj^g ^position, of alowing two guns unto two Indians, w*** two Indians. pound of powder, & six pound of shot, yearely ? An. The Co''te, confiding upon M'^ Eliots good assurance of the faithful- ne[s] of the Indians, do grant it, w* those limitations ppounded by the comis- sion'^s. Whereas, upon examination, it appeares unto this Co'te that it is neces- Piiioo of powd'. sary that there should be some addition made to a stock of powder, & other amunition, to secure ©''selves against an enemy, & thereupon have taken care that a supply may be made, wee thinke it is meet & convenient that the rest of the colonies w*'' whom we are in confed^'ation, & from whom we should expect assistance, in case occasion call us thereunto, according to articles of agreement, should also be pvided according to their pportion : this Co''te doth therefore desire o' hono^'ed comission" would be pleased to take it into their serious considerations, & accordingly to psecute the same, at the next meeting of y* comissiotfs, that so the rest of the colonies may be pvided for as we are, & expect to be. The Answere of the Co''te concerning Springfeild. Springfeild. Wee thinke it meete that o' comission's, at their next meeting, be mind- full to presse what arguments & reasons they can for the reversion of the last order of the comission" concerning Springfeild, & amongst other, these in speciall 1. That the coinission's of Conectecot pduced no patent or exemplification thereof, or any ord' of their owne Co'te for their custome they require of Springfeild. ; THE MASSACHUSETTS BAY IN NEW ENGLAND. 269 *3. They had no evidence of any ffort at all in being at the ryvers mouth, 16 4 9. ' * as we are informed. y ' 3. By a clause in the comission'-s ord--, July, 1647, when they first r*Qo^\ determined against Springfeild, pa: 111, they jvided, that the said imposi- tion should be continued no longer then the fort in question was maintained, & the passage thereby secured, as at that f>sent j yet, after the said fort was demolished by fire, & no security of the passage, pvided the comission''s con- finned their former order at the last meeting. Whereas the comission''s for the United Colonies have thought it but iust & equall that Springfeild, a member of this iurisdiction, should pay custome or contribution to the erecting & maintaining of Seabrooke ffort, being of no force against an enemy of any considerable strength, (before it was burnt,) in the coiuission's ovme iudgment, exprest in their owne ord"", pag : 109, w* determination against Springfeild they have also continued by an ord'' at their last meeting at Plimoth, (though the said ffort was then demolished by fixe, & the passage not secured,) contrary to a clause in their order pvided on Spring- feilds behalfe, pag : 1 1 1 And forasmuch as this iurisdiction hath expended many thousand pounds in erecting & maintaining sev'^all forts, w'^'' oth" (as well as o'^selues) have received the benefit of, & have at ^sent one principall fort or Castle of good force against an enemy of cowRderable strength, well garrisoned, & otherwise furnished w"' sufficient amunition, besides sev'all other forts & batteries, whereby vessels & goods of all sorts are secured ; — It is therefore ordered by this Co''te, & the authority thereof, that all 745— goods belonging or appertaining to any inhabitant of the iurisdictions of Plim- Custome of goods. oth, Coiiectecott, or Newe Haven, that shalbe imported w"'in the Castle, or exported from any part of the Bay, shall pay such custome as hereafter is exprest, vizj : — All skins of beaver, otter, mouse, & beare, 2* p skin j & all oth'' goods packt up in hogsheads, or otherwise, 10' p tunn; meale & come, of all sorts, 2'^ p bushell ; bisket, 6^ -p c" ; 8c it is furth' ord'^ed, that all such skins & oth' goods as shalbe imported or exported as aforesaid, shall be duely entered w"' the audito' gen'all, & the custome thereof paid or deposited before any part of the said goods be eith' sould, shipt, landed, or oth''^vise disposed of, under the poenalty of forfeiting the said goods not so entered, or the due value thereof. And if any inhabitant of this iurisdiction, or stranger, shall buy any of the forementioned goods belonging or any wayes appertaining to any of the — 270 THE KEOORDS OF THE COLONY OF 16 4 9. inhabitants of Plimoth, Coiiectecott, or Newehaven aforesaid, imported to any oth'' part of o'' iurisdiction, or shall sell or deliv' to any such inhabitant any 2 May. oth"" goods in any pt of the Bay w^'out the Castle, he shall enter the said goods w"' the audito"' gen'all, & pay or deposit for the same after the same mantf & pportion, & imd'' the same poenalty, as is pvided for goods, ^6, brought w^'in the Castle ; this ord' to take place the first day of the next month. And the audito' gen'all is hereby appointed & authorished to take care for the execution of this ord"^ in all the pticulers thereof, eith'' by himselfe or by his deputy or deputies. 746— In answere to the petition of the towne of Springfeild *concerning a '^'Ji--\ L composition for the country rates, Springfeild. It is ordered, that the towne of Springfeild may be exempted from ordi- nary country rates for the space of six yeares, paying to the Treasurer for the time being the yearely sume of 15*, & that 10* may be alowed them out of their first yeares paym' towards the building of the bridges mentioned in the petition. Whereas the surveyor gen'all, on some encouragments, lent one barrell & a halfe of the countryes store of powd"^ to the artilery ofilcers of Boston, con- ditionally, if the Gen'all Co'te did not alowe it to them as a gift to spend at the fun^all of o' late honored Gov'^n', they should repay it, the powd"^ being spent on the occasion abovesaid, the Co'te dotW;hinke meete that the powd' so delivered should nev"' be required againe, & thankfully acknowledg Bostons great, worthy, due love & respects to the late hono''ed Gov''n'^, w* they mani- fested in solemnizing his fun''all, whom wee accompted worthy of all hono''. M' ftawson to On a motion of the surveyor generall that the barrell of powder in the powd'. yeares 1640 or 41 delivered to Edw* Rawson for the towne of Newberry, being impved partly to sev^'all psons implied -on the pubUke service of the country about the Indian designes, by vertue of warrants fro™ the councell & ord'« of this Co'^te, & the rest sould & wasted, migl^ be determined by this Cone to be satisfied for, the Co''te iudge it meete, that Edw* Rawson should onely satisfy 5* y" survey' gen'all for y« barrell ; & the towne of Newberry & himselfe is hereby discharged therefrom. 2barr. pow. The Co'te, however it hath bene & is loath to discourage such as are in authority in the sev'alT regim'% as maiors, who are the principle offic''s, in that respect, & rath'' for fsent choose to alow the maior gen'all & Maior Sedgwick the two barrels of powder W^i^, at their last meeting, was lent unto them, then to it require of them againe, yet iudgeth it meete to declare, that it is not safe, nor will they henceforth countenance any psons whatsoever, to lend to THE MASSACHUSETTS BAY IN NEW ENGLAND. 271 any pson ought of the countryes store that an order of this Gen'all Courte 16 4 9. doth not approve of or require. 2 May. The Co'te doth redily consent, that the survey' gen'-all should have 10* Smey gen'. alowed him out of the next country rate, as a recompence for his service. At the request of the towne of Braintree, Cap? W'^ Ting, Samu : Basse Stephen Kingsly are & appointed to end small causes there accord* to lawe, for this yeare. It is ord'^ed, that the execution"-, Thorn: Bell, shall be exempted fro™ watchlngs. JNI' Belliagham, M"^ Nowell, M^ Hill, & Edw this Courte, make^ returne thereof to this Co'"te. Seeing it concernes this Co'^te to pvide the best high wayes to be layd out fro" towne to towne for publike use, W^^ concerne all the posterity as well as o>-selves, & therefore that no private int'est should hind' it,' & forasmuch as „. , High way frO the way fro" Eeding to Winnetsemct last layd out is thought to be lesse Redd, to Wins. behooffuU for the country then the form' way layd out by ord' of this Co'te, M' Rotjt Clements, John Osgood, & Franc Smith are hereby author- ished & appointed to lay out the way, as men most indiff'ent to lay out the same. Agreed, this 25* 12*^ &, 1648, between Thorn : Holbrooke, Hemy Fro Waym- to °''"^^""- IQngman, & Nathell Adams, a coinittee of Waymoth, & Stephen Kingsly & Samu : Basse, a comittee of Braintree, for laying out of the high way for the country, from Waymoth to Dorchesf, that the said country high way shall ly* the f>s[ent] *wonted high way from "Waymoth to Braintree meeting house, [*232.] foure rods wide ; & whereas, at the said meeting house the way cannot be con- veniently had at one end thereof, we appoint the s^id way to run so as to be two rods at one end of the said meeting house, & 2 rods at the other end, & so to fall at foure rods againe at a markt stump a little beyond the said meeting house, & so that breadth to a stump of a tree neer flenry Xeales house, & thence to be carried the said breadth to the lot called Hudsons lot, rectifying the way w'^'' now is, by takeing it of through severall necks, as we have markt the same out, & through the said Hudsons lot, the same breadth to the hill going downe towards the brooke, & thence till tenn poles beyond the brooke, six poles wide, & then to lye foure rod wyde imto Dorchester bounds, & all as we have already set out the same by severall marks for that purpose ; & : 272 THE RECOEDS OF THE COLONY OF this wee f>seiit to the hono'"ed Co''te, to be recorded for the country high way for ever. Consented to. Upon the petition of Eich'd BeUingham & Rich : Dumer, it is ord'ed, that M' Rich'"d Duiner shall give ace* to M'' Eich : Saltonstall & M"' Sam Symondsj upon oath, & they to certify the same to the next adiournment of this Co''te, that the said M' Duiner may have his discharge as agent, or atturny, & so himselfe & the oth' execute' may enter upon the estate of M' Nelson, & M' Nelson. dispose of the same, as execute's, in behalfe of M" Nelson, widowe, & her children, & the children of M' Nelson by a former wife. Cap' Wiggins Upon the petition of Thom : Wiggen & Edw'* Rawson, it is thought that sons discharge meete their account be accepted, & they discharged, & M' Rawson be ab' M' wiiijam alowed, out of the estate of the said Waldren, for his paines in & about the Walderns es- tate, matter of this petition, 40sh% & Cap? Wiggan 30% & that the estate of the said W"" "Waldren, consisting of lands, houses, & cattle, are hereby appointed to be & remaine in the hands of Hate evill Nutter & John Hall, of Dover, to dispose of as they iudge may best tend to the impvement of the estate, & to be ready to be accountable, when the Co'te shall thinke meete to call for it, for satisfaction to the credito". M"Cole. Although Elisa: Cole hath bene often answered by former Co'ts, & that course hath bene taken to make her cancelled deed valid, yet in regard it was long aft' her broth' was gone fro™ hence, & also much disabled to give her satisfaction had he been here, we thinke meete that it be declared, that if she hath received any damage, the Co'te is innocent, time being given her to make her iust plea, at the time when it was cancelled. X'ph' Youngs Upon request made to this Co'te, by the executo" of Xfer Yong, of "Wenha, deceased, concerning the disposall of his children, w"'', by his will, were to be sent into England ; the Co'te, in answere thereunto, iudgeth it meete to ord', that by reason M' John Philips,. unto whom the boy was to be sent, hath shewed his dislike thereof, & unwillingnes to intertaine him, that the execute'^ have hereby pow', & ar authorished- to place him forth here in this country, so as in their und'standing may best conduce to the good of the child J & for the two daughf*, that were to be sent ov' into England, to M." Elvin, that they be continued here untill the execute™ send to M" Elvin what was desired by the said Xfer Yong, in sending his two daught" to her, w"'' if upon her answere shee manifest her acceptance of them, the two daughf^ to be sent by the first oportunity ; but if shee refuse it, then the execute'^ are to place them forth as may seeme best to them, & may conduce to the good of the children. THE MASSACHUSETTS BAY IN NEW ENGLAND. M' Joseph Hill is granted, as a gratuity, ten pounds, to be paid him out of the treasui-y, for his paincs about the printed lawes. Upon the petition of Elisa : Fairefcild it is granted, that her husband, [F,j"'^y shoe their ehildren, to depart & out of this iurisdiction unto sueh other parts of tlie world as it shall please God to dispose ; pvided, that her husband shall be *und'' his former censure if hee returne hitV againe. [*233,] In answere to the petition of Edw^ Eendall about the Indian squa, he is refcrcd to the coiuisslon" at their meeting. The petition for a pattin for a tub to dive in is not granted ; for the oth--, ag»' stealing wharfiigc, it is con- ceived the law hath sufficiently pvidcd in this case. In answere to the petition of Nathani : Boulter & Rich'-d Swaine, the Co'te doth conceive, that in regard it is an unusuall thing for the country to take the forfeitures of bands for non appearance in time, or not so fu[r]nished as the law in that case requires, W^'' the petition"- was ignorant of, that the for- feiture of his band, specified in his petition, be remitted. the Upon petition of W" Tyly, the Co--te doth agree, that hee shall pay 40" forw'S the 10^ included, for the fees for his petition. There being many shi])s in the harbo"-, & div"-^ of them strangers, the Co''te doth order that a millitary watch be forthw*'" appoii^d, in Boston & Charles Towne, to continue till any foure magistrates shall see cause to al- ter it. Sudberry is granted two miles westward, next adioyning to them, for Sudbury, their furth"- inlargm'; pvided, that it piudice not W" Browne in his 200 acres alredy granted. Jonathan Wade is granted 400 acres of land, where he shall find it undis- Jon Wade, posed of, so as the land found by him be not iudged by this Co'te fiuditiall to any towne or plantation already made, or to be made. Upon the petition of Soloman Franco, the Co'-te doth not find any cleare ground upon w*^'' factorige should be due or alowed him by the maior gen'all, out of the estate of the principles, & no estate of Eiiianuell Peradoes appearing ; but the Co''te doth alow the said Soloman Franco 6' p weeke out of the treasury for tenn weeks, for his subsistence till he can get his passage into Holland, so as he do it w"'in that time. The Co^e thinke meete that Josua Fisher repaire to the comittee, vizj. Cap? Kcayne & James Penn, ^5, to make his composition as oth''s do. Upon the petition of John Palmer, that the land he bought of M' Duiner, J» Palmor. w* was M'' Nelsons, might be ratified to him & his heires, or that M"- Duiner might make returne of what he paid him, & what he hath layd out upon it, — The Co'"te thinks meete, that M"- Duiner make it appeare to this Co'te vol.. II. 35 ; 274 THE RECOKDS OF THE COLONY OF Nelson, before that he had power to make sale of the lands of the said Thorn : any pceedings be hereabouts. the Upon the petition of Thomas Moiilton, for takeing of his fine of 5', of Co""te doth conceive that his petition should be coiuited to the cousid''atlon onely the next Qner Co''te, the rath'' because there are oth"" petitions addressed to the magistrates, vr"^, w"" this, have necessary dependence one of anoth''. IVLdon. Upon the petition of Mistick side men, they are granted to be a distinct towne, & the name thereof to be called Mauldon. not Nubury pet. Upon the petition of Newberry men, it is answered, the petition^'s haveing observed the Co^s ord' in the election of their officers, the CoUe can- not alow of their choyce ; but the said petition^'s have liberty to pceed to a newe election, according to ord"' of CoHc, & to psent y" names of those Avhom they shall so elect to the County Co''te, at Salem or Ipswich, to be confirmed. Ch : Saunde's Upon the petition of Charles Saund^'s for some iudicious & able men to peticon. be appointed by this Co''te to appraise the goods of the wreck, Mathewe Chafe & Arth' Gill, of Boston, are appointed, that so a certificate may be made to give satisfaction to his owners, in England or elsewhere. Upon the petition of M"' Thorn : Gamer, the Co''te thinke it iust that there may be a coppy M the records truely transcribed, & (the petition'' paying the officer for it) be deliv''ed him, & that the goods not inventoried ni.ay, upon due pofFe, be deliv''ed the petition' ; & Cap? Keayne & Capt Ting ai-e appointed to examine the records transcribed. Eo : Saltonst. In answ"' to the petition of M'' Kob'^t Saltonstall for his land, the Co''te peticon. conceives that the petition'' should first find out & ppound to the Co''te the place where he may have his quantity of land already granted to him, & that the [*234.] *Co'te should incline to graunt it unto him, if w"" conveniency it may be done. The second, about the right of the patentees, is referred to the considera- tion of the next session of this Co'te. Concerning the S"* request, we thinke it meete to admit that the case between the petition' & M' Sellick be heard the next session of this Co'te pvided y' the petition"' put in good security, to the value of 50*, to satisfy for the expence of y= Co'te, & costs & damages of the defendant, if, upon hearing, the case shall be adiudged against him, the said petition'. Gr. of 00 to th Forasmuch as o"^ late honored Gov'no', upon his death bed, did ex^sse his gou''s child. tend' desires towards his wife & yongest child, that if the country did thinke it meete to bestowe upon him any thing for his service done, that it should be to the said child, & remaine in the hands of his wife for its education, & the stock ^served intire for the childs use, & forasmuch as the Co'te hath not pvided for the disposing of that estate, in case of the death of the child, the THE MASSACHUSETTS BAY IN i\EW ENGLAND. 275 Co''te doth conceive it iast, that in case the infant dyes before it attaino the age 1 G 4 9. ' of yeareSj " ^^ 21 the ^ pt thereof should accrew to the widow of o'^ late hono''ed '^''^' Gov'-uo^ & the oth-^ two thirds, ^ to M-- Deane Winthrope & the oth^ to M-^ ^ Samuell Winthrope, they as yet haveing had no portions out of the late Gov''- no" estate, nor like to have. The petition of John Peters Spegall, for liberty here to ioyne in marriage to Belekey Dimielis, though not published according to o"^ law, it is alowed, they being strangers & suddenly to depart. Upon the petition of John Bourne, of Salem, his fine of 5*, for seling J-Boume. strong waf w'^'out licence, is remited to 40", so as he satisfy that w"'in 6 weeks fio }•* 4"' 3'' i?i. In answcrc to a letter fro" John Smith, who writes himselfe gen''all assist- ant for the colony, in behalfe of the towne of Warwick, excusing themselues of any wrong to the Indians, there being no accusations pved against the inhabitants of Warwick, we find wc have nothing at ]3>^icat to charge upon them ; & if any thing affwards appeares, we shall referr it to the coinission", at their meeting in the T"' A. In answere to a letter of Randoll Holding, for liberty to come into o'' R : Holding, iurisdiction, & to take of the sentence of banishment in effect, the Co''te, in puscing his Ictf, sees no reason nor argum' to move the Co''te to take of the censure inflicted iustly on him by this Co''te, nor do they sec any ^iudice that may accrcw to him, hee being at liberty to imj)ve any atturny for himselfe, who may expect all due iustice amongst us, as any of o"" owne iurisdiction. M- Gemsh. Upon the petition of M'' W"" Gerish, it is answered, the Co^^te doth grant his petition in mann"' following, vizj : 1. That 14. lOsh' be abated, in regard of losses of cattell, out of the loO^ due to the child. 2. That the remainder of the 150* be ^sently set out & paid to the use of the child, in the dweling house that John Oliver late dwelt in, at thereunto if this Neweberry, togcth"' w"" the lands that now appertaines ; & house & land, w"' the appurtenances, shall not reach to discharge the sume, in cattell or oth^wise, & then to be supplied out of the estate of M'' Gerish, apprizall there was a dweling that the Co'tc appoint meete men to make the ; w"" oth' house, barne, & cow house, purchased by M-- Gerish of M'^ Lowle, apprized. lands thereunto adcd, W^"^ are intended herew'" to be or losse of the value of 3. That the child should stand to the advance John OUver his house & land, according to former order. apprized, the CoHe may author- 4. That, the houses & lands aforesaid being Woodman, or such of them as ish M^ Gerish, John Saund", & M-^ Edward to sell or let they thinke meete, to be intrusted w"^ the estate of the child, & 276 THE RECORDS OF THE COLONY OF 16 4 9. out the houses & land, as they shall iudge most to conduce to the benefitt of the child, giveing this Co^'te an account oi their proceedings herein, when they 2I«lay. shall be called thereunto. 5. That M' Gerish should have competent alowance from the pfits of the estate of the child, for her education & maintenance, to be determined by the CoHe. This Co'te doth authorish John Sanders, Rich'^d Knight, & M' Green- leife to prize the said houses & land w"*" was John Oliver his estate, & what other shall be tendered for the daughf^ of the said John Oliver her portion, & to make returne of the apprizement to the next sessions of the Gen'all Co'^te, *for the chllds education & [*235.J & then to determine what alowance to be made v maintenance ; & if the said houses & lands shall x x by those three men appointed by ord' of Co''te, (then) to be determined [by the] Gen''all Co'"te, who shall keepe the said portion, & when to be paid the chi[ld]. M' Can- of Sals- On a second motion of M' Carr, the CoHe thinks meete that the feriy burl feme. . • ^ , . _, nii i,- [rejmames as now it doth, to the next Oo'te at Salsberry, against w"'' time experience & sufficient reasons may so appeare to the next Salsberry Co''[te] as whereby they may iudge of the setteling & disposing thereof, eith' to one the whole, or to both as it is, as they shall iudge may best tend to ease of the country, to whom this Co''te conferrs pow' to determine & ord'' accord^'^. Hull, cone The Co''te it M' ,'"/^f,fj no way meet to grant the inhabitants of Hull their desire for M"^ Mathews returning to them, nor residing w"^ them, & do declare that they find severall erronious ex^ssions, oth'^ weake, inconvenient, & un- safe, for w* it iudgeth it meete to order that the said M"^ Mathews should be admonished by the Governo', in the name of this Co''te. The Co^^te voted that the servants of Hugh Gunnison shall be alowed twenty shillings for their attendance on this Co''te. And the servants of W™ Philips SOsh" for the like service this Co'te. Cap? Hathorne & M"' Downing are appointed associats for the Co''te at Salem, this yeare ensuing. The maior gen''all tooke his oath. The Co'-te is adiourned to the 17'" of the S"- i5i, at 8 of y= clock. Whereas the Gen'all CoHe have set & to farme let, by theii- order, bear- 27'" 8"> ing date the of the A last past, the custome of all sorts of wines Securitie for imp' of wines, imported into their iurisdiction, w'" all the pfits & emoluments thereunto belonging, together w'" all their power & authority for the pcureing & receive- ing of the same from all mann' of psons whatsoev^ according to orders of Co^te made for that purpose unto Maior Eobn Sedgwick & M' Ric : Russell, THE MASSACHUSETTS BAY IN NEW ENGLAND. for the full tearme of foure ycares 27"^ from the day of the 8"' ih last past, in consk^ation whcieof wee, the said 'Maior rvob"-t Sedgwick & Rich'-d Rus- sell, also Francis Norton, & of Charles Towne, m-'chant, & David Yale, of Boston, marchant, do by these ^scnts bind o'selvcs & ev'y of us, in the suiTie of 2-tO* pounds sterling, to pay unto the country, or Gen-'all CoHe, or to whom they shall appoint, for the said tearme of four yeares after the 27"" of the S"' in, the suine of 120* yearely, in curra[nt] pay of Kewe England, in mann' & forme following that is to say, 60* 27'" ; upon the of the 2" ifi next ensuing the date hereof, 60* upon 27"> 8«> & the of the ifi then next following, & so to continue upon the said dayes, yearely, 60*, iipon each day, untill the said 4 yeares be expired. In witnes whereof we have hereunto set o"^ hands & * seales, 11'" 10'" A, 1648. Sealed in the ^sence of JOHN DAND, ROB'^T SEDGWICK, ROB'^T KEAYNE, RICH: RUSSELL, JAMES PENN, FRANC: NORTON, RO: LONG. DAVID YALE. Articles of Agreem' indented & made the 11"" lO''" A, 1648, between Cfap?] Articles w Rob' Keaync & James Penn, Deputies of the Gen''all Co''te, holden at Boston, in Newc England, in behalfe of the said Co''te, of the one pt, & W"" Philips, RoVt Long, Hugh Gunnison, W"-- Hudson, & Rob''t Turn', vintn''s, of the other pt, as followeth : — Inpr : The said Ro : Keayne & James Peii do, by these ^sents, by ver- tue of an order made by the said Gen''all Co''te the 27'" of the 8'" A last past, sot & to farmc let unto the said W"' Philips, Ro : Long, Hugh Gunnison, W"" Hudson, & Rob' Turner, & their assigncs, the seling & retaileing of all mann'' of wines in Bosron & Charles Towne, for [&] durcing the space of 5 yeares next ensuing the said 27'" of the 8'" A last past. It is covenanted & agreed between all the pties to these ^sents, that y" said W™ Philips, Rob'"t Long, Hugh Gunnison, W" Hudson, & Rob't Turn'', & their assignes, shall not, in sc[lling] & retailing y'= wines hereafter men- tioned, take or receive of any pson or psons whatsoev' [over] & above y* prizes y' is to say, for all mann"' of sacks, muskadels, alligant, & tex following ; 15'^ mann'' wines, as wine, y° rate & pportion of p I't ; & for all of French t,'^ 8 q''te so for a greater white wine & cla[ret] wine, rate & pportion of ' p ; & or lesser quantity, pportionably, of any of the aforesaid wines, dureing the said tearme of 5 yeares. the behalfe of the It : The said Cap : Rob''t Keayne & James Penn, on said Gen-'all Co-'te, & w['"] the consent of y' same, do, by these presents, THE RECORDS OF THE COLONY OP Long, Hugh covenant, pmise, & agree to & w"' the said [W"] Philips, Ro : Gunnison, W" Hudson, & Robn Turner, & eVy of them, & their *[as]signes, 2 May. that no pson or psons inhabiting w"=in Boston & Charlestowne aforesaid shall, r*236 1 from the 27"= of the 8"" A, have any liberty granted to them, by the said Gen'^all Co''te or otherwise, to sell any manner of wine by retayle of any lesse quantity then a qu^er caske, according to a former order of the said Co^te, but onely such persons & their assignes as are now licensed, untill the said tearme of five yeares be expired. In consideration whereof, the said W" Philips, Rob* Long, Hugh Gun- nison, Willi : Hudson, & Ro : Turner, for themselues, & every of them, & the , execute's, administrator's, & assignes of them, & ev'y of them, do, by these psents, covenant, pmise, & agree, to & w"" the said Cap? Rob : Keayne & James Penn, well & truely to pay, or cause to be paid, unto the said Rich'd Russell, gen?, Treasurer of the iurisdiction of the Massachusets, in Newe England, or his successors, the suin of 160* yearely in currant pay, in manner 27"" 2"* & forme following ; that is to say, 80* upon the of A next ensuing the date of these ^sents, & 80* upon the 27*'' of the S"" A then next fol- lowing, & so consequently, at the said dayes yearely, 80* at each day, for & durelng the space of the five yeares above mentioned. In witnes whereof, the parties aforesaid to these presents have interchangably set to their hands & seales the day & yeare first above written. Sealed & deliVed in the ^sence of WILLI : PHILIPS, JOHN DAND, RORRT LONG, FRANC: NORTON, HUGH GUNNISON, DAVID YALE. WILLI: HUDSON, RORT TURNER. This act of the coiiiittee is approved, & they discharged, & to be entered amongst the Co''te records, w"' these pvisoes following : — 1. That the lesses shall not draw whie in any houses but where the lessees do or shall dwell. in the same towne. 2. If they set any assignes in those houses w"'out the appbation of the Gen'all Co''te, it shall be invalid. 3. That it be ex^ssed, what the 160* shall p @ be paid in ; otherwise they may pay it in coiiiodities of w"'' no use can be made but by transporting of them & waiting for returnes with adventure. as 747- Forasmuch the law of God (Exod. 10 : 13) allowes no man to touch the life or liiiie of any person, except in a iudiciall way, — Life or liiiie. Be it hereby ordered and decreed, that no person or persons whatsoever ^^^^ ^^^ implied about the bodies of men, midwiues" ' weomen, or children, for preserva- tion of life or health, (as phisitians, chirurgions, midwifes, or others,) p>sume THE MASSACHUSETTS BAY IN NEW ENGLAND. 279 to exercise or put forth any act contrary to the knowne rules of art, nor exer- cise any force, violence, or cruelty upon or towards the bodies of any, whether yong or ould, (no, not in the most difficult & despate cases,) w^'out the advice & consent of such as are skilful! in the same art, if such may be had, or at least of the wisest & gravest then present, and consent of the patient or patients, if they be mentis compotes, much lesse contraiy to such advice & consent, upon such punishment as the nature of the fact may deserve ; which law is not intended to discourage any from a lawfull use of their skill, but rather to incouragc and direct them in the right use thereof, and to inhibit and restraine the presumptuous arrogance of such as, through prefidence of their owne skill or any other synister respects, dare be bould to attempt to exercise- any vyolence upon or towards the bodies of yong or ould, to the preiudice or hazard of the life or lime of men, weomen, or children. *It is ordered, that it shall not be in the liberty of any towne or person [*237.] 740— to pa^- to the country rate, nor shall the Treasurer accept thereof, from pease ' ' " Peage not for _ , time to time. rates. It is ordered by this Co''te, that all appeales lawfully obtained are to be 749- accounted in the nature of a writt of erro"', and thereupon all further pceeding to iudgment and execution shall be suspended. And the party appealing shall breifly, in writing, under his or his attur- Appeales. nyes hand, give to some one of the iudges from whom hee did appeale the grounds and reasons of his appeale, six dayes before the begining of that Co''te to which he did appeale. of 750- It is ordered, that the Co'te of Assistants shall take cognizance no unlesse it be by way of appeale, case or action tryable in any Countye Co'te, ^^ ^ ^^2^^ magistrate, or t" Co'te of and that no debt or action proper to the cognizance of any one shilUngs, shalbe of any three coinissione" for tryall of cases under fortye but appeale intertaincd by any Countye Courte or Courte of Assistants, by from such magistrate or coinission'', as aforesaid. after the end of This to be published forthw'", but not to be of force till the next Quarter Co'te. very burthensome to the 751- Forasmuch as it is found inconvenient and advice counsell in magistratcs that many persons have recourse to them for & cognizance in a legall way,— cases which are afterwards like to come to their after one months pubhcation hereof, None to aske It is therefore hereby ordered, that, ° to aske counsell or advice of any magis- it shall not be lawfull for any person ^°^^^^f shall be a plantiffe, under pcenalty trate, in any case wherein afterwards hee action (that he hath so propounded of being disinabled to prosecute any such next CoHe where the case shall come or taken advice in, as aforesaid) at the ;; 280 THE RECORDS OF THE COLONY OP 16 4 9. to tryall, being pleaded by way of barr, either by the defendant or any on his " ^ behalfe, in which case the said plantiffe shall pay full costs to the defendant and if the defendant aske counsell or advice, as aforesaid, he shall forfeit ten shillings for every offence. [*238.] *Whereas this CoHe hath, for the incouragement of troopers, ordered Troops to have that their persons and horses should be exempted from country rates, and also 6" discounted. that five shillings should be paid them yearely out of the treasury, and because it is found burthensome and difficult for such troopers as live remote to get bills signed by the audito'', and payment of the Treasurer, of the said yearely incouragement, it is therefore ordered, that it shall be lawfull for every trooper to discount yearely out of his country rate, to the cunstable of the towne where hee lives, the said five shillings, provided he produces a note under the hand of the cheife coinander of the troopc that hee is furnished, according to order, with horse and armes ; and the Treasurer shall discount of the said cunstables rates whatsoever hee shall pay according to this order. the Money for jt is ordered, that whoever in this iurisdiction shall disburse money or prison. other acceptable pay, for the repairing of the prison at Boston, shall be repaid out of their next country rate, with alowance of two shillings in the pound and John Johnson and James Penn are hereby authorlshed to give receits to all such persons as shall so disburse, and to take care to improve the said disbursements, for the speedy repaire of the prison. West India The Courte doth thinke meete that the order concerning the stoping of West India ships at the Castle should hereby be repealed, seeing it hath pleased God to stay the sicknes there. 753— The Co'te, takeing into serious consideration the inconvenlency that may Mares not to be follow to the publike by the exportation of mares, do therefore order, that no exported. person or persons whatsoever shall, after the publication hereof, export or con- vey any mare or mares, yong or ould, out of this iurisdiction, upon the for- feiture thereof, or the value thereof, one halfe to the informer, and the other [•239 1 moyety to the publike. And to the end *that this law may be duly executed, ^^ [f^rjther ordered, the authority aforesaid, that Comand's of ^^ by [no] coinander of any not to re- ships gjiipp or bark shall, after publication aforesaid, receive on board his vessell or ceive any mares a board. shipp any other horses or gueldings but such as shall be entered into a booke, "^i*^ colo"^, perticuler of Boston, & ^^^ marks, age, (as neere as may be knowne,) & person Clarke of writs ^f yf]^QT^ the horse was last bought, & proofe, by witnes, or oath that hee was in otn' townes. ^^ * ^ ^ the true owner thereof, to be kept by Edward Bendall, of Boston, and by the clarke of the writs in all other townes, whom the Courte hereby authorisheth to veiwe all such as shall be shipe*; and for every horse so entered there shall be paid to the said Edward Bendall and other officers, as aforesaid, by them, 1 THE MASSACHUSETTS BAY IN NEW ENGLAND. 281 six pence ; and what ever comander or master of any shipp who shall take 16 4 9. ' aboard " any other except such as hee shall receive a note under the hand of ' *^''^' the said Edward Bcndall, or the said clarkes, as above authorished and entered, ^ as aforesaid, shall for such offence forfeit the sume of forty sliillino-s to the informer, & forty shillings to the Treasurer. For as much as the printed law concerning dowries, upon second veiw 754- °°^^«5- and examination, appeares not so convenient as was formerly conceived, in every perticuler thereof, it is therefore hereby ordered, that the clawse towards the latter end of that order, that gives a wife a third part of her husbands money, goods, & chattels, reall & personall, after her husbands decease, shall henceforth be repealed, and become voyde ; and the rest of the said order to be and remaine in full force and vertue. And it is hereby declared & ordered, that these words in the 14"^ line of that order, vizj, " then by act or consent of such wife," be understood, in case it be done by writing, under her hand, and acknowledged before some magistrate to be her volentary and free act, and so attested by him, which, being certified, shall be a full barr to such woman forev'' clayming any right, title, or interest to any such estate. *And it is further ordered, that where any husband dyes intestate, the r*240.1 Countye Courte of that lurisdiction where the said deceased had his last resi- dence shall have power to assigne to the widow such a part of his personall estate as they shall conceive iust and equall, as also to devide and assigne to the children, or other heires, their severall partes and portion out of the said estate. It is ordered by this Co''te, that if any be found drunken, by night or 756- day, or shall, in his drunkennes, offer any abuse to the cunstables or others, Dranken. either by striking or revileing of him or them, or useing any endeavC, by him- selfe or others, to make an escape, it shall be in the power of the cunstable to coinit such persons to safe keeping or imprisonment, or take band for his cause, (and that the keeper of the prison shall Keeper to re- appearing, as hee 'shall see ^ 1 o' ceive fee, 12''. 12'^ his receive all such as shall be so coinitted, and to take but for fees,) till he be sober, and then to informe the next magistrate thereof, and in case no raao-istrate be in the towne, the cunstable shall carry him to one or more of the three men appointed to end small causes, and where no three men are, in that towne, then to carry liim before any one or more of the select men who have hereby power given him or them to do as any magistrate may, in provided, that if any dehncLuent shall con- the like case, if they were present ; cunstable shall receive his fesse his fault, & pay his fine and other charges, the person hereby authorished to receive the fine & dismisse the offender ; and any to the clarke of the fines, as abovesaid, shall forthwith make present returne VOL. II. 36 282 THE RECORDS OF THE COLONY OP 16 4 9. Countye Courte, where such ofFence is comittedj of what hee hath done and re- ceivedj to the end it may be recorded. 2 May. The like power, in the absence of a magistrate, cunstables shall have, to Cunstable to p'ceed [wi]th proceed with swearers, and cursers, and unseasonable tiplers, and company swea", cTirsers, tiplers. keepers. [*241.J *It is ordered, that two hundred pounds shall be paid out of the best of 20011 for pow- the pay of the n[ext] country levy to the surveyer generall, for the purchasing der. of powder for the countryes store, but in case that should fall short, that war- rants issue out from this Courte to raise two hundred pounds for that end ; and the surveyer generall and James Penn are intreated to treat with some of the marchants for the procureing of so much powder as amounteth to two hundred pounds. 757- It is ordered by this Co'^te, and the authority thereof, that the select men Ey^y towne to of every towne within this iurisdiction shall, before the 24"^ of June, which pTide powder. shall be in the yeare 1650, shall provide for every fifty souldiers in each towne a barrell of good powder, one hundred and fifty pound of musket bullets, a quarter of a hundred of match, and certify, under their hands, be- fore that time, to the surveyer generall, that they are so provided, under the pcenalty of five pound for the want of every barrell of powder, 150*' of bul- lets, and a quarter of c° of match, as before ; and the said select men are here- by authorished by this Courte to assease the inhabitants for makeing this provision, which shall remaine as a towne stock, over and besides all other provision. The Co'te is adiourned to the 17"^ of the S''' A, at. 8 of y« clock. [*242.] *1649. M a Gerfall Co'te, at Boston, the 17'^ of the 8'" M". 17 October. the petition UPON of Leif? Willi : Gerish, it is ordered, that the peti- tion' should have y« portion of Mary Oliv'', y« orphan of John Oliv', in Leif Gerish. his owne hands, to his owne use for ev'^, so as he give sufficient security to pay & satisfy y« child, Mary Oliy', at the age of fourteen, one hundred thirty five pounds, ten shillings, in corne or cattell, at currant price, as the late ord' of this Co'te pvides for. ^^" ''^^ Eob't Saltonstalls petition for a division, or liberty to recov' tonstair* in any any Co'te of iustice what he shall make appeare legally to apptaine to him from the two patents of Swamscote & Dover, in Pascataq, Ryver, the Co'te doth conceive the petition' may have liberty to sue & recoV what he can legally pve to be his. THE MASSACHUSETTS BAY IN NEW ENGLAND. 283 The Co^'te hath chosen Cap? Bridges to ioyne w"' M"' Symonds to receive 16 49. ' M" Duiners account of M' Nelsons estate, left in his hands by a letter of "~"~~f October. ^^ atturny, by reason that M' Saltonstall cannot attend to do it, in regard of his ° About M' Nel- intended voyage. sons estate. Dedham is granted so much land, both meadow & upland, on the west- Dedham vii- ' ern bounds of them, beyond the ryver, so as they erect a village there w"'in ° 22"' 8"" one yeare fro"" the m ; & that Capt Keayne, M"' Jackson, & the survey'' gen'all lay it out at any time, Dedham giving them a weeks warning. The Co'te granteth Cap? Keayne, M'^ Rich'd Browne, M'' Rich : Pai-ker ca ; Keayne, ^''°™> their request. Cap? Keayne to ha' one thousand seaventy foure acres. Rich : ^' ^! [ Browne to ha' two hundred acres, Rich : Parker foure hundred thirty six acres ; to ha' them layd out next to the village granted to Dedham. At the request of Wooburne, the Co''te doth grant liberty & pow' to Woobum. Leift Johnson to ioyne such in marriage there as shall be published there, ac- cord ^ to lawe, for a yeare. It is ord''ed by this Co'"te, that Ralph Woodward shall have pow"" to Hingham. marry all such psons at Hingham as shall be lawfully published there, accord- ing to ord"^, till the next Gen''all Co''te. Upon the petition of Margaret, late wife of John Stoniard, she is granted Widow Ston- iard. pow'' to sell & dispose of the house & lands, for y^ paym* of her husbands debts, & her owne comfortable pvision in this time of her M'eaknes. Upon the petition of Neweberry, this Co''te thinketh meete to give & Plum Hand, Ipsw'^'' grant Plum Hand to Ipswich, Rowly, & Newberry, vizj : to ha' two parts, Neweberry two pts, Si Rowly to ha' one fify^ pt. Upon the petition of Ralph Roote, & Sara, his daughter, for y" land Ralph Roote. estated upon her by Edw^ Whitfeild, in Reding, w'='' land we ha' sould to w"='» bargaine .gale is by this Co-'te confirmed. Thorn : Taylo^ of Wat'"to\i-ne, & w'l'in Mary oiiv. Mary OliV is left to y^ la^v, unlesse shee put in sufficient security one month to remove out of this iurisdiction. Newberry, for to ha' pium', ferry- Upon the petition of Samu : Plum', feriyman of j man. 2* p passings for their transportion, w'"'' is granted. Upon the petition of John Dayne, the house & land w'='' was "W"" Cham- Jn» Dayne. of Chamb'"s b's is settleed upon y^ said Dayne, he haveing paid more debts then y' house & land was worth, & also brought up y" children of Chandler, yv'^ have bene chargable to him. six shiUings Cap? Clarke is granted his bill of charges of foure pounds to pforme in 20*. ag'' John Partridge, w"'*' Cap? Partridg bound himselfe form'ly M- Rawson- M"^ Edw** Rawson haveing resigned up his 500 acres of land ° sui' for 30". peeter. granted him in pt of recompence of his damage sustained about y" salt 284 THE KECORDS OF THE COLONY OF 1649. the CoHe have thought meete to alow him thirty pounds, in full satisfaction, ''' "whereof the five pound form^'ly granted is accounted a part. 37 October. , . . . . , -, „ - „ The inhabitants of a towne w'^'in this iurisdiction, at their first siting downe, about To-rnie order ^^^ getfally agree to set a part a certeine pcell of land, to the value of 20 P'cceeding the acres, lying between the salt marsh & the low water marke,' for the use of Courts of force. 'JO whole towne, to be imgved for thatch^ houses, the want whereof is very preiu- ditiall to the towne, since w'='' time this hono'"ed Gen'all Co''te, by an order of [Here the records cease to be in the hand^v^iting of Secretary Nowell, The reraaining pages are by Mr. Rawson, and are probably supplied for decayed originals.] [*243.] *theirs, haue made all the lands to low water marke to be the proprieto''s of the land joyning therevnto : the aforesajd inhabitants, not being able to resolue themselues, humbly desire the resolution of this honnoured Court, w^'er the Courts Re- orde" of the Court make voyd the preceding toune orde''. The Court doth con- ceive the Courts orde^ doth not disaiiull the orde'^ of the toune, preceding it. TimeofMi^sex It is ordered, that, by this Court, & the authority thereof, that the Court Court dayes. dayes for the county of Midlesex be the first third day of the second mone* and the first third day of the eighth moneth. It is ordered, that Edmond Bendall, the officer appointed to gather & receive the custome of all goods imported into our jurisdiction from Phmpu*'', Connecticot, & Newhauen, & exported from any part thither, for his due & ^ ^^^^^^ encouragement to see to the execution of that order, shall haue one to' T '^d' fowe''th part of such customes for a recompence for his service therein ; and heereby he is & shallbe impowred to call any ayde or assistance, for the per- formance thereof, as the oi^er to receive the customes of wines is. Edward Bendall shall haue that allowance, for the service of one yeare to come. Edward Bendalls Oath. Edw^ BendaUs Whereas yo^ Edward Bendall, are chosen customer for the yeare ensu- oath. •" ing, yo"' doe heere sweare, by the euer Ijving God, that yo" will, from time to time, faithfully execute you"" best abilitjes, according to the order of customes, for all such goods as are jmported & exported, belonging to Plymouth, Con- necticot, & New Hauen, and to give in a true accoun' to the audito'' gennerall w*in three moneth% from time to tjme. So help yo'' God. Orde' for M' It is Ordered, that the Tresure'' doe forthwith pay & sattisfy M" John -^^^^^ °^^ hundred thirty pounds, in the best soonest M''j™ Allen to & & pay that comes in to be prison. the Tresury out of this levy, for the hundred pounds payd M' Winslow. Salisbury It is ordered, that Salisbury shall y be & heereby is accounted bv this shire toun. J '^^ /-< t ^ • r Court the shier toune for the county of Norfolke, till this Court shall take fur- ther orde"" there abou". THE MASSACHUSETTS BAY IN NEW ENGLAND. It is ordered, that In cases wherein there Ijath bein difference the Gen- nerall Court should heare the case together, & determine the case by y" majo'^ vote. ^^ October. Cases of dilfcr- Court, . ihe well weighuig that by Gods blessing this country & the oc- ence trjabie ut '" ^''''" "^°'"'- casions thereof much to multiply & increase, & that the multiplication of the ohoyce of office's on the election day may quickly grow to such a numbe"" as may '^''°>'<=« "' Scc- •' retary. proove burthensome to be attended to the seuerall tounes, and theiefore desier that it maybe commended to the seuerall tounes of this jurisdiction' consid- eration, whithc' the Secretary were not to be left to the Gennerall Courts choyce, whose honno"' is principally concerned therein, then to be chosen by the people, houcU that *they referr it the next Court of Election to the Gennerall [*244.] Court for the next yeare, & so on tryall for the yeare, which if they approove no' of, they may reassume the election thereof to themselues if they please. Whereas a booke hath bene presented to this Cour', intituled a Platforme Platforme of of Church-Discipline out of the Word of God, {§, being the result of what discipline re- fcrd to ye the synod did in their assembling, 1647, at Cambridge, for the consideration church- consid & acceptance, the Court doth conceive it meet to be coiiiended to the judicious & pious consideration of the scucrali clnuxhes w"^in this jurisdiction, desiring a returne from them at the next Gciill Court how farr its suiteable to their judg- men'-' & approbations, before this Court proceed any furthe'' therein. Whereas diuers ycares since AVilljam Wilson, who was but the marshalls deputy, did coiTiouly make a deputy to se'^vc attachmen'^, executions, {d, there being no law then against it, but eithc'' conniued at or not taken notice of by the Cour', which may occasion much trouble and .dispute in seuerall Courts concerning the legallity of such proceedings, in case of complaint thereof by any persons, it is therefore heereby ordered, that all suinons, attachmen'', execu- tions, levying of fines, ^S, performed by such person, so deputed before the law that prohibbits the marshalls deputy to make a deputy, shall be valid and good as if the marshall or his deputy had don the same, where the proceeding in othe"' respect hath bene Icgall & just. Whereas vpon information given to this Court by those tounes remote Secretary or clarks power to from Boston, & other tounes where Courts are kept, that no respect hath bene proportion jury "^"' had to the numbe'' of persons inhabitting in each toune in the issuing out of warrants for jury men to se''ve at Courts, whereby some tounes are cased & hence- oth'''' are burdened, for the prevention whereof it is ordered, that from forth the clarlc or secretary of eac;h Court w"'in this jurisdiction shall, in all their Marran'' for jurymen, haue respect to the numbed of the inhabitan'^ of of each toune, & accordingly shall issue out their warrants that all occasions ""'^[""jj^^^^^^ repealled. complain" in this kind may be remooued. And it is further ordered, that 286 THE RECORDS OF THE COLONY OF 16 4 9. whereas there hath bene fojve' Quarter Cour'* held at Boston in euery, that from hencforth there shall be but two only, viz', that in the first cnoneth and 17 October. that in the seventh mon''', & the orde' that injoynes fowe' Quarter Courts in a is it in yeare in that respect repealed ; provided, that shallbe the powc^ of the GoGno'^ (or in default of the GoQno' the Deputy GoGno'') to call a Court for the tryall of any person in capital cases, that so justice be not deferred, no"^ the country chardged. benefit [*245.J *The Court, finding by experience the great that doth redound to Orde' to print the Country by putting of the law in print, doe conceive it very requisit that those lawes also that haue passed the consent of the Gennerall Court since the booke of lawes were in printing or printed should be forthwith comitted to the presse, and for that end appoint Richard Bellingham, Es^, M"^ Nowell, M' Audito'' Gennerall, Cap? Keayne, & M"' Hill, or any three of them, a coinittee for to prepare them against the Court of Election, that, vpon appro- bation of the retourn of the coinittee, they also may be printed, as also there- with to prepare those lawes referred to in the end of the printed lawes, w"" a suitable table, to be printed. Prises of corn It is ordered, that the prizes of all sorts of graine for this yeare, out of to v' coimtrv j^tg_ any of which the inhabitan'^ of this jurisdiction may sattisfy the country levy, shall be, wheate, at fine shillings, barly at fine shillings six pence ; pease & rje, foure shillings ; Indian corne, three shillings. Good beare to It is Ordered by this Court, that euery victualler or ordinary tav''ner shall alwayes, after the first of March next, be of all victuallers'' prouided good and wholesome ^'^' beare, for the enterteinment of strainge''s, who, for want thereof, are necessi- tated to too much needless expence in wine ; and whateuer ordinary victualler or taverne'' shall not be prouided from time to time of good, wholesome beare, for the enterteinmen' of strangers, & for the prevention of other needless expenses, they shall forfeite for the first offence forty shillings, & for the second offence they shall forfeite their licence.s. 766- Forasmuch as the orde^'ly choyce of Assistants yearely is of great con- cernment, and with all care & circumspection to be attended, it is therefore ordered by this Court & the authority thereof, that the constables of each toune w"'in this jurisdiction shall call together their freemen some day in the last week of the ninth moneth, yearely, to give in their votes, in distinct papers, for such persons,- being freemen and residant in this jurisdiction, as well the magistrates in present being as others, as they desire to haue chosen Assistants at the nex'. Court of Election, not exceeding the numbe"' of twenty, & that no freeman shall put in aboue one vote for one person, vnde' the pcenalty of tenn pounds for euery offence ; and the sajd freemen to meet, or THE MASSACHUSETTS BAY IN NEW ENGLAND. the majo' part of them, shall then there* & appoint one to carry their votes sealed yp vnto their sheire tounes vpon the last foweHh day in the weeke in •re first moneth following, at twelue of the clocke, " °''°''"- from time to tjme ; which persons so assembled for each toune shall choose one comissione' for each sheire to carry them to Boston the second third day of the seccond moneth, there to be opened in the presence of one or two majestrates, if they be in toune if otherwise, ; by those fowe' persons that brought them ; & those eightcene that haue most votes shall be the *men, and they only, wliich shall [*246.] be nominated at the Court of Election for Assistants ^^"^''^ "' ^^- as aforesajd ; and the "'"'°*' comissione" of each sheire shall forthwith signify to the constables of their seuerall tounes within their sheire, in writting, vnder their hands, the names of those twenty and as any ; haue more votes then other, so shall they be nominated, except su<=b ^f tj^g^g twenty who haue bene magistrates the yeare before, who shall haue precedency of all othe-'s in nomination, on the day of election if ; and any person intrusted in this orde-- shall fajle in the discharging of their trust, they shall forfeite tenn pounds ; and the printed law for elec- tions in page 21, bearing date 16-17, is heereby repealled. "Whereas it is found, by two often experience, that, some men dying and Probate of ™ ^' making wills, the sajd wills are concealled, & not prooved & recorded, &, othe''s dying intestate, no admistration is sought for nor granted, and yet, in either case, the wiues, children, kindred, or freinds of the deceased, or some othc'', doe enter vpon the lands, & possess theraselues of the goods, of the sajd deceased, & the same are many times sould or wasted, before any credito'' to whom the decease was jndebted know of whom to demand, or how to recouer, theii' just debts, for prevention of such vnjust & fraudulent dealings, — It is therefore ordered & enacted, by the authority of this Court, that if Admi«tration to be granted. any execute'', knowing thereof, shall no', at the next Court of that county, w'='' shall be about thirty dayes after the decease of the party, after the publication of this orde'', make probate of any will heeretofore made of any deceased party, or shall not cause the same to be recorded by the recorde"' of the county where the said deceased dwelt, or shall not, w""in the same time, take admis- tration, if none hath binn already granted, of such goods as he hath or shall medle w^all of any party formerly deceased ; or if any person or person^ shall hecreafter alljene or imbezill any lands or goods before they haue recorded the will of the deceased, or taken administration, or brought in a true inven- tory of all the knowne lands, goods, & debts of any such person, euery such person shall respectively be Ijable to be sued, & shall be bound to pay all such debts as the deceased party owed, whither the estate of the deceased party were sufficient to discharge the same or not; and shall also forfeit to the 288 THE EECOKDS OF THE COLONY. 16 4 9. comonwealth so many suines of fiue pounds as shall happen to be moneth' between the nex* Court, as aforesajd, of that jurisdiction, after the time of the 17 October. death of the deceased party, & the prooving of such will, or taking of suclP [*247.] admistration. And if any *party shall renounce his executo''ship, or that none of the kindred or freinds of the deceased person who shall dye jntestate shall seeke for admistration of such persons estate, then this Court orde" & enacts, that the clarke of the writts of such toune where any such person shall dye shall, w""in one moneth after his decease^ give notice to the Court of that county to which such toune doth belong of such renouncing of executo'"ship, or not seeking for admistration, that so the Court may take such orde"^ therein as they shall thinke meete, who shall allow such clarke due recompence for his pajnes. And if any such clarke shall fajle heerin, he shall forfeite twenty shillings for euery moneth of his so fayling, vntill he shall haue fullfiUed the same. Tres- to x to It is Ordered, that the Tresure"' pay, or cause to be payd, the suine of surrey genii, , , &g. thirty two pounds fowe''teen shillings to the su''vejo' genne''all, or James Penn, who are engaged for the payment of the same to the workemen that wrought at the prison ; this to be pajd out of the first corne that can be collected in these rates ; & because they are engaged to pay thirteen pounds ten shillings in money, the Tresure"' is desired eithe"' to disburse the money, or deliuer vnto them so much of the best sort of corne as may procure so much money, that so they may be enabled to sattisfy their engagements for the country. Whereas the survejo' genne'all & James Penn are jntreated to treate w"" some merchants for the procuring of two hundred pounds worth of poud', it is hereby ordered & declared, that what euer contract or agreement the sajd partjes shall make w"i any merchant for the end aforesajd, the Genne'all Court are engaged to make good, in all particcular^ 1649. MISCELLANEOUS RECORDS. MASSACHUSETTS RECORDS. MISCELLANEOUS ENTRIES CONTAINED IN THE SECOND VOLUME OF RECORDS. Freemen of the Colony of the Massachusetts Bay in JVew England, 1642—1649. [In the second volume of Records the names of such as took the oath of freemen, with the exception of those of 16i2, are marginal entries. All are in the handwriting of Secretary NoweU.] *Made free the 18 : 3 M", 1642. 164 2. 18 May. M'' Erancis Norton, RoVt Bradford, John Hill, [*18-] John Withman, Hugh Williams, Rich-'d Wody, Gawdye James, Rich-'d Crithley, John INIathis, John March, John Guttering, Willi: Lewes, RoVt Button, John Ingoldsbey, Rich'-d Taylo--, Howen, Edward Carleton, Benia : Vermaes, Robert Snowe, Humphrey Reyn', Thorn : Antrum, Thoma: Michaell Shaflin, Thoma: Foster, Hugh Smith, Chapline, Dani : Briskoe, Hugh Thom : Putman, Lowder, John Coolvc, John Search, Rich''d Burrage, Phiiieas Fiske, John Baker, John Rich-'d Knight, Solomon Phips, Willia : Fiske, Greene, James Fiske, Ricli^'d Taylor, John Comins, George Byam, Philip Tayler, Isaack Allen Pearley, Rich^'d Bishope, John Bulkcley, : Thackster, Allen Kcimiston, Edward Okcs, Thom Willi : Ripley, Elias Stileman, Thom : Okes, Mathewe Hawkes, John Tomkins, q^u., Edward Gooding, Prichard, Ananias Conkling, Sampson Shore, Hugh Thom : Lincolne, John Neale, Willi : Torry, luni John Stoder, John Bulfinch, John Coggan, :, Willi : Robinson, Joseph Boyse, John Clough, John Witherell, Robert Peirce, Samu : Grimes, Thom : Davenport, Samu : Thatcher, Theodo : Atkinson, (291) 292 MISCELLANEOUS KEOORDS. 16 42. Eich'd Baker, Thomas Bateman, Peter Woodward, Kobert Pond, Willi : Aline, John Brock, 18 May. Jolm Eigbey, Thorn : Wheller, Natha : Whiteing, George Eight, WiUi : Hartwell, Micha : Metcalfe, Thorn : Blisse, John Stevens, Eob-'t Page, Benia : Albej, Willi : Stevens, Franc : Pebody, Eoger Bancroft, Antho : Somersbey, Isaack Perkins, Eich^'d Eckels, Henry Somersbey, Thorn : Worde, John Cooper, WHH : Berry, Henry Ambros, John Tomkins, qa :, Samu : Guil, Walter Eopper, Willi : Dickson, AbeU Hews, Henry Kibbey, Moses Wheat, John Swett, David Zullesh. EoVt Edwards, 19. [May, 1642.] 19 May. John Sadler, Obedi : Brewen, Willi : Waldeme. Walter Tybbot, Willi: Hilton, 22 June. 22 : 4 M" made free. Henry Palmer, Eich'd Pid, Willi:. White, Joseph Peaseley, Willi: Titcombe, Thomas Dowe. 11 August. The 11"^ of the 6* &, 1642, M' Willi: Pinchen tooke his oath befoi© the Gou% M' Dudley, <6. 14 September. 1642, 14 : 7 A, Thom : Het was made free. 21 September. 21* 7"', Willi : English is admitt. a freeman of this iurisdiction. 27th 27 Becember. 10*'' &, 1642, made free at Salem. Walter Price, Eich'd Prence, Thom: Tresler, Eob't Gutch, Eob't Leoman, Willi: Eobinson, George Gardner, Thom : More, Hugh Cawkin. 28th 164 2-3. igth s^, 1642. Thom : Edwards, John Kitchin, Henry Harwood. 28 February. [*27.] *Made free at the 2* Session of Salem Co't, the 28 : 12 A, 42. 28 February. Eich : More, Thom : Avery, Edw'* Beachamp. Hugh Stacye, 10«' 3* 16 4 3. Made free the &, 1643. M' Thom : Wallis, Andrew Lister, John Parmenter, 10 May. John Scot, *Thom: Goodnow, Willi: Ward, [*28.] Isaack Wheeler, Eob't Dants, John Newton, John Ward, Henry Looker, John Thurston, jgiovjfiNii/vn juu u o iiJBiUUKDS. 293 ChriBto : Smyth Nathani : How'd, Edw* Sheopard, 1643. John Guile, : Rich Way, Dan : Stone, John Plunton, : Rob WiUiams, Tho : Danforth, lOHar- John Knights, John Mansfeild, Andr : Stephenson, John Jackson, Franc James, Willi : Manning, Nathan Fiske, Rob't Procto', Henry Symons, Geo : Parkhurst, Wilh:Fletch', John Tydd, John Pratt, Willi : Vincen, John Wright, : Thorn Beard, John Woode, Benia : Butterfeild, John Arnol, Hen : Bridgham, Edw* Winn, John HoUister, RoVt Mader, Nicho : White, James Prest, Geo : Barrell, John HolHster, Nicho : White, Rich : Rawlen, James Prest, JefFry Turner, Strong Furnell, John Albye, Willi : Turner, John Sand''bant, Peter Bracket, Rodg' BilUndg, Isa: CoHraer, Natha : Herman, Laurence Smyth, Willi : Blanton, Sam : Adams, Willi : Ware, Miles Tame, John Hastings, Rich : Evans, Natha : Norcross, John Whetley, Willi : Trescot, James Morgan, WiUi : Phese, John Gurnell, Rob't Pepp, John Shephard, Henry Woodworth, Rich : Hildrick, Tho: Adams. •Made free the 29'^ 3*^ &, 1644. 1644. Cap : Dan : Gookens, Rob't Gomag, John Smeedly, 29 May. Faithfull Eouse, John Lake, Thom:Fox, [*53.] Rob't Leach, Thorn : Trot, Baptize Smeedly, Paintnot Wines, John French, Ste : Streete, Willi : Bachiler, Rich: Haide, John Maynard, WiUi: Smith, Nicho : Boulton, PhUip Tory, WiUi : Green, Henry Cunlithe, Rich'd Wooddy, RoVt FeUd, Natha: Partridge, Edm" ShefeUd, Joanes, Thorn : Marshall, Tho : Dyer, Lewes Roger Toule, Edwa : Wilder, Tho : Chamb'Hn, Russell, Edw* Witheredge, Jos : Phippen, John Allen Conv'se, Tymo : Prout, John Blacke, Lambn Sutton, Geo : Spere, Jasp Rush, Symon Bird, John Gay, John Carter, James Park^ Hen : Powniag, Rich : Goard, Thorn : Webster, *3 &, 1645, made free. 16 4 5. Harb't Pelham, Abraha"" Hawkins, George HalsaU, May. Abr: Parker, [*78.] Joseph Hill, Abra : Hackbume, George Davies, Mathe-we Smith, Sam : Fellows, 294 MISCELLANEOUS RECORDS. Rich: Newberry, Rich: Blacke, Edw"> Devotion, Natha : Bishop, James Nash, Hen : Chamb'luie, John Stimson, Benia: Thwinge, Vincent Ruth, Thorn : Line, Samu : Davies, Thom : Barnes, Antho : Fisher, Rich : Bullock, Joseph Und''wood, Thorn : Richards, Abr : Harding, Hen : Evance, Willi : Pardon, Christo : Webbe, John Fownell, Thorn : Holbrooke, Thom : Barrill, Sam : Bright, George Allen, John Morly, Willi : Wenbane, Willi : Davies, Henry Blacke, John Bird, John Jones, stud :, Edw'* Gilman, Harman Atwood, Sam : Stowe, Lamb't Genery, Natha : Greene, Edw* Jackson, John Gaye, Franc Grissell, Niche : Wife, Sam : Miles, John Rydeot, [*79.] John Watson, John Daming, *W™ Parsons, Hugh Griffin, Ralph Day, Thom : Thacher, John Langfordj Micha : Medcalfe, Rob't Longe, Richt Newton, Sam : Sendall, Thom : Reeves, John Toll, W^ Hely, Nicho : Chelett, Jeremy More, Hen : Firnam, Georg : Dowdy, Peet' Aspinwall, Thom : Roberts, Hen : Aldridge, Edw^ Wyat, Rob''t Jenison, Willi : Patten, Rich: Leeds, John Warren, Eliiah Corlet. James Umphryes, 1G46. *Made free y" 6^^ 3* &, 1646. Mathew Day, Thom : Gardn', Willi: Duglas, 6 May. r*l24.] John Lewes, Ben : Crispe, Peter Place, Nathani : Hadlock, W™ Pary, John CoUens, John Hill, W™ Dawes, Rich : Everad, Fran : Heman, Hen : Modsley, Josua Kent, John Gingen, Joel Jenkins, Rob''t Onion, John Haynes, Henry Thorpe, Andrew Dewing, John Looker, Geo : Woodward, Antho : Fisher, Tho : Buckm', Charles Sternes, Tho : Joanes, : Alex Baker, John WincoU, Isa : Walker. Thom : Collier, 16 47. Made free 26"^ S"' A, 1647. Isa : Earned, James Green, 26 May. John Wayte, [*162.] John Wynian, Tho : Carf, lu :, Law : Dowse, Dani : Bacon, Mighil Smith, W" Bridges, Ralph Hill, Manus Sally, Edw* White, Rich : Curtesse, James Pike, M"^ John Wilson, John Clepp, Rich''d Harrington, W'" Harvy, [*163.] *Ro : Chaulkly, Sam : Carter, W" Kerly, MISCELLANEOUS RECORDS. Eich: Neuton, Jonah Clooke, John Metcalfe, Thorn : Tayer, Thom : Huit, John Bakon, John Nyles, John Smith, Henry Wight, John Stebben, Bartho: Chev'', James Allen, John Whitny, lu :, John Miriam, Natha : Adams, Moses Payne, Pranc Kendall, W-" Holbrooke, David Fiske, W-^ Cotton, Thom : Dun, David Stone, George Munioy, Thom : Poster, PhiUp Cooke, Rich : Hassall, Thom : Prat, John Harris, W"" Butrick, Eob't Kendell, Thorn: Boyden, Geo : Barber, Tho : Poget, Samu : J)anford, : Eo Wares, Geo : Davies, Willi: Ames, Thom : Jordan, John Peirson. Dani : Kempster, *Made free at Springfeild, 13'" 2 A, 1648. 1G48. John Pynchon, Henry Burt, Samu: Wright, 13 April. Elitzar Holioak, Roger Prichard, Willi : Brancji. [*201.] 10"' *Made free the of the 3" ih, 1648. [*202.] 10 May. M'^ Edw* Denison, Willi: DanieU, M"^ Sam : Mather, Georg : Denison, Rich : Hardier, Alex: Adams, Thom : Osburne, W°> Needam, John Staple, Benia : Negus, Samu : Basse, Benia: Negus, Thom : Hartshorn, John Chickly, Henry Allen, Thom : Kendall, James Pemberton, John Peerce, W"" Hooper, Philem : Whale, Symon Tomson, Edw* Tayler, Henry Rice, Bartho : Persune. Rich : Holbrooke, M' Sam : Danforth, "1649, the 5* 2'^ made free at Springfeild. &, 1649. Thom : Cooper, Giiffin Jones, David Chapin. 5 April. [*227.] Made free the 2'^ of the 3* &. 2 May. M' Willi : Browne, Garret Church, Comeli : Fisher, Joseph Farnworth, Josua Stubbs, John Blanchard, Rob't Brick, John Butler, John Hull, John Maynard, John Turner, John Harwood, Alexand'' Peild, Thom: Sacetell, Willi : Merriam, Jona: Michell, Samu: Hides, Nathani : Stemes, Samu: Hawaxd, Thom : Baker, Peter Lyon. Ro^t Browne, *Josua Fisher, [*228.] 3 May. 3 : 3 i!i made free, John Ward. GENERAL INDEX. GENERAL INDEX. Abbot, George, of Rowley, deceased, case con- Actions at law, prosecution ot, vexatious or ma- cerning his will referred to Salem licious, to pay treble damages, . . .181 Court, 215 orders concerning the making of attach- Acadia, negotiations for treaty with, . . 157, 159 ments, levying executions, &c., . .187 See D'Aulney and Latour. six days' notice by summons, to include Accounts, committee on, appointed, . . . .136 days of service and appearance, . .194 auditor of, appointed, 141 witnesses, . . 204 Actions at : costs, law and a fine, may be im- instructions to marshal as to levy of exe- posed upon either party, as justice may cutions, 204 require, 3 in executions, household goods, tools, &c., to be commenced in inferior courts, and to exempt from levy, 204 be heard in General Court only upon plaintiff to have choice as to the place of appeal, 16 bringing, 209 in case of debt, account, &c., to tried fees the be due Court for judgments, . . .215 where one of the parties resides, . 16 regulations concerning pleadings, appeals, other, to be tried where the cause of action &c., 219 arises, 17 decision concerning assault and battery, . 255 juries to determine matters of fact in; parties forbidden to ask advice of those judges to declare the sentence of law who are liable to try the case ; such to thereon, or may direct juries find advice may be pleaded in bar, . . . 279 according to law, 21 declaration to be filed three days before fees for entry of, unless in forma pauperis, 28 trial ; actions to be entered on the first trial of, to be by disinterested judges, . . 39 day of the term, 219 fees for entry of, to be collected by the See Appeals. marshal, 44 Adams, Christopher, 128 attachment granted to non-residents ou Henry, 128 conditions, ... 80 clerk of the writs for Braintree, . . 165 in attachment of goods, &c., notice to be Henry, Jun., 128 given to defendant, or left at his John, 128 house judgment against defendant Nathaniel, 271 ; , absent, not to be e.xecuted before Samuel, 128 bond for costs in case of reversal, . . 80 Thomas, 128 parties to pay costs to the Court for time Addis, Adis, William, ...... 90, 183, 236 of estates, propos'al for consumed in, ...... 144 Administration unifor- may be tried without six days' notice to mity of, in the United Colonies, . . 268 defendant, when a stranger is a party, 163 Administrators, order concerning, 287 (299) 300 GENEKAL INDEX. ^^* Adultery, measures for the prevention of, . .211 Andrews. 'widow, ^" Adventurers, organization of a free company Anthony, Adwa, 279 of, for Indian trade, 60 Appeals, reasons of, to be in writing, .... Agent of the colony, proposition to send Mr. See Actions at law. to buy a Winslow to England as, . . . 161, 162 Aquidnee, inhabitants authorized 4"* committee appointed to copy instructions barrel of powder, ^4 and documents for, 171 Archibectoo, Christianizing approval of instructions to, &c., . . . .185 Armin, Lady, donation from, for £100 raised from Boston and the nearest Indians, l^^ 58 towns for, 218 Armitage, Goodman, [Joseph,] Ahauton, an Indian, 24, 27 Joseph, 76, 148 Alarms, regulations concerning, see Military licensed to sell wine, 262 affairs. Goody, allowed to keep an ordinary, but Alcock, John, 192 not to draw wine, 46 division of the estate of, 165 Arms, seized from Indians, to be restored, . . 27 Samuel, 165 repair and distribution of, 24, 25 Aldridge, George, 128 military officers to direct carrying of, . . 38 Alistry^ Paul, 248 inhabitants to have, ready fixed for service, 67 Allen, Bozoon, 30,51,80,113,166 surveyor authorized to sell to inhabitants, 140 commissioner for Hingham, . . . 157, 166 surveyor ordered to gather all belonging to clerk of the writs, 166 the country, 73 dismissed from Court, 192 public, to be gatheied by the surveyor, . 84 lieutenant at Hingham, 252 accounts of, loaned out to be sent to the deputy, 33, 66, 96, 146, 186 surveyor, 102 Edward, 28, 162, 164 preparation of, made iigainst the Indians, . 122 deputy, died at court, 22 surveyor general ordered to prepare for ex- John, pastor of Dedham, 200 acres of land pedition against the Narragansetts, . 124 granted to, 52 £10 granted to surveyor general of, for his to be paid for money advanced for the services, 271 agent of the colony, 284 surveyor of, authorized to purchase pow- Mr., 13, 109, 128, 166, 218 der and lead with certain funds, . . 82 Alleiton, Mr., [Isaac,] 6, 8 See Captain Stoughton. to be paid his account upon proof thereof, 115 surveyor of, authorized to sell for corn, &c., 31 Isaac, paid by Treasurer, 136 Arms and ammunition : leather guns to be pro- Ambros, Henry, 76 cured on trial, 219 Anabaptists, order for banishing, 85 regula^ons concerning size of muskets, Court votes not to alter or explain law &c., 134, 222 against, 141 procuring of, by poor soldiers, 222 petition of the inhabitants of Dorchester places for safe keeping of, to be provided and Roxbury for continuance of laws by towns, 222 against, granted, 149 powder delivered to Mr. Saltonstall, &c., . 46 proceedings against, 253 the Treasurer to buy powder with the pro- See Edward Starbuck. ceeds of stock in the hands of Mr. Andover, ...... 192, 225, 242, 256 Prichard, 78 formerly called Cochickawick, .... 159 powder not to be transported out of the commissioners appointed to lay out high- colony, 136 ways from, 258 safe place to be provided for powder by Andres, William, ... 4 the surveyor, 175 Andrews, Andrews, Andros, Mr., of England, . 80 powder to be bought by the surveyor, 239, 268 thanks returned to, 27 United Colonies urged to purchase powder, 268 committee appointed concerning the gift of, 39 powder not to be loaned without order from letter of thanks to, 86 the General Court, 271 donation of, distributed, 89, 113 £200 to be expended for powder, .... 282 Andrews, Mr., committee appointed to go to selectmen ordered to provide, at town's Plymouth and settle affairs of, 32 charge, powder, ball, &c., 282 GENERAL INDEX. 301 Arms and ammunition : surveyor's contract for Atherton, Humphrey, lieutenant under Major powder to be made good by the Gen- Edward Gibbons, 123 eral Court, 288 captain at Dorchester, Arnold, 146 Benedict, . . . .26, 41, 48, 129, 198, 228 commissioner at Dorchester, . . . 1 66 194 guide and interpreter to Leverett and 'ieP^'y) 33, 96, 145' 238 Hutchinson, 24 Attachments, see Actions at law. and others, settlement of, taken under ju- Atwood, Mr., 39 risdiction of Massachusetts, .... 27 Aubin, St., , 120 paid for services as guide and interpreter, 38 Auditor, office of, established, and duties de- allowed to sell powder and shot to Pum- fined, 141 hom and Sochonocho, 61 Lieutenant Nathaniel Duncan chosen, . 141 sent to the intruders upon Pomhome and to examine houses, &c., for breaches of Saoanonocho, 117 excise law upon wines, 143 is desired to receive £17, or certain stores authorized to search, &c., to collect wine for safe keeping, 134 duty, 152 allowed to carry corn to the Indians also ; allowed to retail wines coming into lus instructed to recover wampum due possession, 215 from Pessicus, 231 committee appointed on accounts of, . . 271 William, 26, 27, 35, 228 Auditor general, see Auditor. to buy corn of Pessicus, 198 Ayres, Mr., 13 paid for corn furnished Pumhome and Bachiler, Joseph, deputy, 55, 66 the Indians, 240 Mr., [Stephen,] not to be settled at Exeter, 68 payment allowed to, for services, . &c., 258 difference with Hampton, 79 Aspinwall, William, 41, 60, 184 Bairstow, * Michael, . . 200 restored to freedom upon petition, ... 3 Baker, John, wine seller at Ipswich, . . 87,192 clerk of the writs for Boston, 45 Nathaniel, 5 chosen recorder pro tern., 84 Nicholas, commissioner at Hingham, . . 166 appointed notary public, 86 Bakers, to have a mark for their bread, . . .181 Mr., [William,] 163 Balch, John, 36 Artillery sermon, leave granted to print, with Ballard, William, 37 consent of Mr. Norton, 71 Mr., 132 Company, powder given to, for the funeral Ballast, not to be cast into any harbor, . . 44 of Governor Winthrop, 270 Baptism of infants, &c., a public assembly of Assault and battery, action of, may be tried elders, &c., convened concerning, . 154 here, though the cause of the action Baptists, see Anabaptists. was in England, 255 Barbadoes, 129, 218, 237 at Cambridge Assembly of elders presented Barkley, Alderman, . 135 with wine by the General Court, 194, 195 Mr., [Alderman,] plaintiff", against Wil- Assessors to take census and valuation in each liam Tyng and others, .... .198 town, and their reports to be sent to the See Bartley. Treasurer, 174 Barlow, Bartholomew, 250 Assistants, to be voted for with black and white Barnes, Matthew, 136, 212 beans, 42 Sarah, 90 to have immunity from taxes for three Mrs., 183 years, on £500 estates, 101 William, 236 new plan for choice of, 210 , 183 election of, 20 candidates to be balloted Barny, Jacob, deputy, 186 for, the 18 highest to be propounded at Barrel, see Cask. the Court of Elections, 286 Barret, Thomas, 128 Associates, oath of, 5 Bartholomew, Henry, 98 Atherton, Humphrey, 35, 39, 41, 47, 109, 115, 134, deputy, 96, 145, 264 136, 137, 163, 176, 239, 245, 264 William, deputy, 186 appointed lieutenant of the force sent to Bartlett, , of Watertown, 98 arrest Gorton, 44 Bartley, Alderman, 138 paid for services against Gorton, .... 53 Barton, Marmaduke, .21 302 GENERAL INDEX. Bass River, 265 Bendall, Edward, petition of, for a patent for a Basse, Samuel, commissioner for Braintree, 35, 271 diving tub refused, 273 deputy, 23, 33, 55, 97, 265 petition of, for law against stealing wharf- Bate, Edward, commissioner for Weymouth, . 35 age, 273 Goodman, 7, 10 to record marks, &o., of horses, .... 280 Batt, Batte, Christoplier, commissioner at Salis- collector of customs, 284 bury, 35, 190 Benjamin, Abigail, 183 deputy, 33 Mary, a minor, will of, not admitted to Batter, Edmund, 76 probate, 183 deputy, 22, 33 Bent, John, commissioner at Sudbury, ... 35 Mr., 13, 53 Bermuda, 167 Bayes, Thomas, 37 Bibble, , allowed to keep an inn at Hull, . 74 Bayly, Edney, petition of, concerning settle- Bidfeild, Samuel, 250 . . . ment of her husband's estate, 261 Bills of exchange paid by the General Court, . 134 order concerning her husband's estate, . . 266 may draw above £8 per cent., 48 Captain John, 83 Bircham, Burcham, Edward, commissioner, &c., Joseph, 261, 266 for Lynn, 97 Richard, 266 clerk of the writs and recorder, . . . .153 , 135 Biscoe, Mr., 52 Beacham, Robert, his petition not granted, . . 102 Bishop, Mr., [Townsend,] 58 Beale, John, deputy, 265 Thomas, 184 Beales, John, 164 Blackleach, Mr., petition concerning the Beans, used for voting, 42 Moors referred to the elders, .... 67 Beard, Thomas, 216 Blanton, William, authorized to keep a cook's Beaver trade, see Fur trade. shop near Roxbury, 215 Beck, Alexander, 160 Blasphemy, to be punished with death, . 176, 177 petition of, concerning support of paupers, 139 Blesdall, Blesdale, Ralph, wine seller at Salis- allowed account for cure of sick prisoners, 153 bury, 147, 190 of, account to be audited and paid, . . . 165 Block Island, 23 to Beer, be provided by all innkeepers, &c., . 286 Boston, 7, 10, 21, 26, 29—31, 38, 46, 52, 57, 61, 88, Beers, Sergeant, 30 89, 102, 112, 128, 130, 131, 133, 140, 163, Bell, Thomas, executioner, exempted from 164, 169, 173, 184, 218, 225, 226, 228, 229, watching, 271 240, 250, 255, 258, 270, 280. Bellamy, Jeremiah, 5 taxes of, 14 Bellingham, Richard, 4, 13, 21, 22, 28, 31, 32, 39, highway from Winnisimmet to the w-ritten 41, 54, 65, 67, 72, 83, 96, 109, 128, 145, 157, tree to be changed during repairs, . . 28 159, 162, 169, 186, 196, 218, 239, 245, 271, is directed to mend the way from Winni- 272, 286. simmet to the written tree, .... 50 chosen assistant, 33, 66, 97, 146, 187, 238, 265 William Aspinwall, clerk of the writs for, 45 to commissioner hold Courts, 16, 58, 74, 153, police regulations of, committed to Ser- 193, 219, 266 geant Major Gibbons, 116 account of, to be given in, 38 and Charlestown to have 2 barrels of pow- his account examined and approved, . . 46 der to return the salutes of vessels, . 150 granted to, £50 for services as Governor, . 53 is allowed another barrel of powder for is desired to finish the revision of the laws salutations, igg while Governor, begun 61 one barrel of powder for salutation of Mr., his gun delivered to him from the ships, granted to, 239 Castle, 141 is abated part of its fine, 168 William, appointed to solemnize mar- shoemakers of, incorporated for three years, riages at Rowley and Newbury, . . 14 with power to regulate their trade, . 249 Bendall, Edward, is allowed to use the cables, and Charlestown coopers incorporated for &c., in removing the sunken wreck, . 3 three years, with power to regulate appointed to bring away ammunition, &c., their trade, 250 from Castle Island, 45 and Charlestown, vintners are granted the of, concerning petition a squaw referred, . 273 monopoly of wines for five years, . . 253 GENEKAL INDEX. 803 Boston, is allowed to hold two fairs a year, . . 257 Bridge, John, 28, 80 farms, 115 Bridges, accidents from defective, . . . 228 229 Bosworth, Edmund, 5 Bridges, Edmund, summoned to answer for not Nathaniel, 5 shoeing Mr. Symonds's horse when Boulter, Nathaniel, 273 about to come to Court, 196 Bourne, John, of Salem, 275 Robert, . 13, 32, 110, 139, 140, 159, 186, 283 allowed to open a cook's shop in Salem, . 147 Captain Robert, Assistant, . . 187, 238, 265 Bourne, Borne, Nehemiah, 141 commissioner for Lynn, 73 appointed major of Suffolk regiment, . . 124 Captain, associate for Salem Court, ... 68 6 drakes and sakers loaned to, IfiS attendants provided for, 133 to give security for loan of drakes, . &c., 164 £10 granted to, for services in negotiation, 165 Boyes, Boyse, Boyce, Matthew, . . . . 4, 43 32, deputy, 55, 66, 96, 146 commissioner at Rowley, 242 Brigham, Sebastian, wine seller and innkeep- deputy, 33, 54, 66, 97 er at Rowley, 87 Goodman, [Matthew,] 13 captain for Rowley, i87 Bozwell, Isaac, order concerning stray heifer deputy, 146 taken up by, 190 Mr., deputy, 186 Bracket, Peter, 165 Brook, Lord, 167 clerk of the writs for Braintree, 57 .... Brooke, Brooks, Thomas, deputy, . . .22, 33, 66 deputy, 96, 146 Browne, Edward, 67 Richard, 128 [Hugh,] of Bristol, petition to Parliament £3 granted to, from Mr. Pocook's estate, concerning seizure of his ship, . . .113 for care of Thomas Owen, .... 21 petition of General Court concerning Bracket, Backet, deputy, 65 the same subject, 121 Bradbury, Thomas, ensign at Salisbury, . . .231 James, commissioner at Newbury, . 73, 191 Bradford, Mr., 39 Nicholas, commissioner for Lynn, ... 73 Bradstreet, Simon, 20, 23, 35, 36, 48, 51, 54, 69, 79, Richard, 256 83, 96, 99, 109, 110, 111, 138, 159, 186 commissioner at Watertown, .... 98 chosen assistant, 33, 66, 97, 146, 187, 238, 265 appointed to marry at Watertown, . .166 commissioner to hold Courts, . 16, 37, 193 petition for land, 163 commissioner for United Colonies, 69, 239, 265 land at Dedham village granted to, . . 283 substitute for commissioner for United deputy, 145, 186, 238, 264 Colonies, 146, 187 William, 273 partner in trading company, 138 and others, appellants, against Tuttle, . 198 Braintree, 7, 26, 30, 35, 38, 57, 89, 112, 123, 165, commissioner at Sudbury, 245 199, 225, 244, 262, 271 200 acres of land granted to, for £25 stock taxes of, 14 of his aunt, Ann Harvey, to be laid out committee appointed to settle highway in, 10 west of Sudbury by Lieutenant Willard and Weymouth highway, .... 40, 271 and others, 266 to be abated lOs. in next levy, .... 116 Mr., 205 petition of, answered by reference to order Bryant, see Briant. of 1643 concerning common fields, . 149 Bulkeley, John, 53 Bread, weight of loaves of, regulated by a table Bunn, Edward, 5 of prices of wheat, 181 Bunnell, Goodman, [William,] 139 stuffs, duties on, 269 committee appointed (Sparhawk and Ma- Bredcake, Thomas,- two small guns from Win- son) to take charge of children of, . .134 ter Island, granted to, 79 to be provided with 30s. worth of clothing Captain, Thomas, commission against in England by Messrs. Maverick and Turkish pirates granted to, .... 83 Manning, 149 Brewen, Obadiah, commissioner and clerk of Bureau, (press,) made for the safety of the 208 the writs at Gloucester, . . . . 35, 98 records, deputy, 186, 238, 265 Burglar, homicide of, justifiable, 212 Mr., 30 Burglary, punishment of, at pleasure of Court, 22 timber, or other property, to be Brewers, order restraining sales by, repealed, . 7, 10 Burning wood, paid for twofcJd, . 180 Briant, Thomas, servant of Mr. AUerton, . . 6, 8 304 GENERAL INDEX. Burning lands to be at a specified season, . .180 Castle Island fort, commission and instruc- Busbey, Nicholas, 34s. bounty granted to, for tions for commander of, .... 63, 64 cloth made before repeal of the order, 61 commission confirmed with additional in- Butchers, care of hides by, 18 structions to Richard Davenport, com- Cakebread, Ensign, 30 mander, 65 at Sudbury, 28 commission of commander in force till See Bredcake, 79, 83 next Court, 68 Calves, order restraining killing of, at certain £100 annual allowance, to commence upon seasons, repealed, 37 completion, 73 Cambridge, 11, 26, 29—31, 38, 46, 50, 86, 88, 89, towns repairing to choose a commander, if 112, 116, 128, 130, 137, 140, 173, 187, they like not Mr. Coitemore, whom 209, 217, 218, 225—227, 255, 356. the General Court proposes, .... 74 taxes of, 14 £60 out of the £100 allowed to the cap- fined for negligence in respect to powder, 27 tain, 83 to Woburn, committee (Converse and oth- £50 granted for a house for captain of, . 83 ers) appointed to lay out highvray Lieutenant Davenport chosen captain from, 36 of, 83 Shawshin granted to, 62 orders concerning maintenance, discipline, John Russell, clerk of the writs at, . . . 98 &c., of the garrison, duties of cap- General Assembly at, 154, 200 tain, &c., 107 platform of church discipline, 285 form of warrant to constables to gather Canary merchants, 132 men and money, 115 Cape Ann and Ipswich boundaries, .... 4 £50 granted towards captain's house, and Carder, Richard, adherent of Samuel Gorton, £100 for fort, £20 for a boat, support confined to Roxbury, 62 of to rest 10 years on the 5 towns, . .130 Carhon, Carleton, Edward, ...... 201, 202 captain of, authorized to demand and re- deputy, 64, 66, 146, 186 ceive anchorage and tonnage from Mr., [Edward,] 79, 147, 148, 208 ships, 131 commissioner at Rowley, 242 constables of the 5 towns authorized to deputy, 97 levy taxes for the completion of, . .133 Carpenter, William, 26 Boston, Roxbury, Dorchester, Charlestown, deputy, 33 and Cambridge to finish their under- Mr., 218 taking, or be fined, 140 Carr, George, Ram Island granted to, while fer- warrants sent to the 5 towns, enjoining ryman at Salisbury, 265 the fulfillment of engagements, . .102 petition for change of ferry regulations committee appointed concerning comple- referred to next Court at Salis- tion of, by the 5 towns, on petition of bury, 276 Captain Davenport, 197 Casks and barrels to be gauged and branded, . 29 to be finished, and men impressed, . . .197 Castle Island, granted to Captain Gibbons until arrears of fines, &c., granted for mainte- wanted for fortification, 45 nance of ; committee appointed to im- Edward Bendall to bring arms, &c., from, 45 press men for, 239 Castle Island fort, ammunition and ordnance apportionment of expenses among the 5 to be removed from, and sold by Cap- tovpns, and order concerning garrison tains Sedgwick, Gibbons, and Cooke, 36 at, 255 towns in the bay allowed to repair and commander of, is granted custom on wines arm, 67 for 4 years, as part of support, . . . 260 £100 per annum granted upon the comple- officers' salaries to be paid by Treasurer, 260 tion of, also £100 towards defending the garrison of, is granted one half the the passage by Bird Island ; 6 barrels wood on Lovell's Island, 263 of powder granted to; fort still the Catholic priests and Jesuits forbidden to repair property of the colony, and not of the to or come within this jurisdiction, . 193 it, towns repairing 67 Cattle, order concerning herding of, repealed, . 14 persons repairing, authorized to appoint damage by, through lack of fence, not ac- commander pro tem., 61 tionable, 15 GENEKAL INDEX. 305 Cattle, damage feasant, may be impounded, . 15 Childe, Robert, ^g to be marked with pitch, 190 Dr. [Robert] ....".'.' .' [ [ order concerning trespasses [ [ ^^ by, . . . .190 and others, committee appointed penalty con- for resisting the impounding of, or cerning the petition of, 162 rescuing from pound, 220 conspiracy of, persons implicated in, to town marks for, 225 be ironed, or pay for a guard, . 190 Cauklin, Jolin, _ _ J37 stock in the iion works belonging to Cauitlwell, John, . . . . 43 '^oW> " .° ! 199 Caule, Thomas, alloweil to keep a victualing Children, proper trainina; of, . . .69 house, . . 98 military education of, 99 Caulking, Hugh, commissioner ibr Gloucester, 98 the committee appointed to iiave care of, . 45 Cavalry corps, formalion of, encouraged, . . . 243 striking or cursing their parents, to be put members of, allowed discount on their to death, .179 l-'-^e*, 280 stubborn and rebellious sons to be put to Census of male citizens, . . 37 i death, J79 of males between 16 to 60 ordered, .- . . 151 Christophers, 237 of each town to be taken by assessors, . .174 Church, George, sent to Ipswich to be tried, . 46 Chafe, Matthew, 274 Church discipline, platform of, agreed upon at Chatl'ey, 'i'homas, 5 Cambridge, referred to the churche.s, 285 Chaffy e, Goodman, 129 service, 177^ 173 Chalice, Sergeant, 30 and state, taxes for maintenance of, 60, 209, Challice, Philip, 38 210 Chamberlin, widow, is granted aid from the Churches, to deal with members refusing to gift of Mr. Androws, 113 take their freedom, 33 Chambers, William, 283 of New England are desired to send el- Champernoone, Francis, plaintiff, against Wil- ders and delegates, to meet at Cam- liam Paine, 241 bridge to establish a platform of faith Chandler, Chanler, John, 136, 212 and practice, 154 Chandler, , 283 persons reproaching ordinances of, to be Charlestown, 8, 10, 26,29,30.31,36,38,45,46,52,68, fined, 177—179 83, 88, 89, 112, 130, 131, 140, 148, 150, 166, synod of, is desired to prepare a form of 169, 173, 218, 225, 226, 229, 240, 250, 255 confession of faith, 200 ta.xes of, . .... 14 Claims against the colony for money advanced, Sergeant Major Sedgwick intrusted with to be paid, 175 the conservation of the peace of, . . 116 Clape, Sergeant, 30 ferry, 200 Clapp, Roger, lieutenant at Dorchester, . . .146 vintners, 253 deputy, 186 LovelPs Island granted to, 263 Clarke, Clark, Christopher, 259 answer to petition of, concerning the com- Daniel, 139 mon, near Mystic farm, 267 John, deputy, 27, 33 village, . . . 17 Katherine, settlement of her husband's committee appointed to fix boundaries estate on petition of, 203 of, . 11 Thomas, 60 called Woburn, 28 William, 110, 133 Charter, see Patent. Mr., 79 Chebacco marshes, 4 appointed commissioner at Newbury, . 28 Cheesbrough, William, deputy, 23 innkeeper, licensed, 173 Cheesbro, Goodman, 13, 28 Captain, £4 6s. granted to, against Captain Chickering, Francis, deputy, 66 Partridge, 283 Henry, 37 Mrs., to procure license of Salem Court for to pro- is granted leave of absence to go to selling wine ; and if licensed, England, 198 cure a godly man to attend to the deputy, 22, 33, 55, 186 business, 193 Court thinks it not Child, Ephraim, commissioner at Watertown, . 98 Cleaves, Mr., the General deputy, 145, 264 meet to write to the eaistward for, . . 41 VOL. II. 39 306 GBNEKAL INDEX. Clement, Clements, Robert, 242, 271 Committee, standing, appointed for 1643, . . 41 commissioner for Haverhill, 192 See Court, General. associate of Norfolk Court, .... 242, 266 Common, tenants in, 49 deputy, 238, 265 Conant, Roger, 36 Mr., deputy, 186 Concord, . . .11, 26, 30, 38, 51, 89, 112, 146, 225 Clerk of the band, duties of, 117 taxes of, 14 of the deputies to be allowed £10; . . .260 taxes of, to be considered of, 98 Clerks of the writs and commissioners to try on account of danger from Indians, no in- small causes hereafter to be appointed habitants allowed to remove from, . .122 by the Count}' Courts, 188 River, 12, 17 directed to record births, &c,, 15 commissioners appointed to improve the Coale, Robert, 26 meadow upon, 89 Cobbett, Thomas, 183 a majority of commissioners for improv- Mr., [Thomas,] 200 ing meadows on^ empowered to act, . 99 Cochichawick, 38 Confederation against Indians, . . 31, 35, 36, 38 now Andover, sale of land to, by Cut- See United Colonies. shamake, with conditions, . . . .159 Confession of faith, 200 Cochitawit, 17 Connecticut, 24, 79, 156, 182, 284 Cochituit, 189 proposal for union with, . . 31, 35, 36, 38 Coffin, Tristram, ferry keeper and wine seller letter to, concerning expenses, . . . . 16£ at Newbury, 194 remonstrance against customs at, demand- Mr., [Tristram,] 266 ed by, 182, 183 Coggeswell, John, payment of debt from, for- order of the General Court concerning de- borne, 63, 115 mand of customs at the mouth of the Coke upon Littleton, 212 river from Springfield, 269 upon Magna Charta, 212 and New Haven, excise and impost to be Coke's Reports, 212 levied on goods passing through this Cole, Elizabeth, 205 colony to or from, as retaliation for wife of William, deceased, allowed a bill dues levied at Saybrook, 269 of review on a judgment in favor of See United Colonies, Francis Doughty, 74 boundary line to be run again, if Connecti- new trial concerning a cancelled deed cut will produce its patent, and pay the granted to, 191, 205 charge of survey, as Massachusetts order concerning, 257 did, 264 declaration of the General Court in rela- last order concerning survey of, defeated, 268 tion to, 272 Connecticut River, 183 224 William, 205 Constables, powers and duties of, concerning Colebron, Mr., 54 arrest of criminals, &c., 150 Coleburne, Mr., 205 to carry black staves 5 feet long, tipped Collector of customs, Edward Bendall ap- with brass, 151 pointed and sworn, 284 &c,, committee appointed to press the gath- fees of, 284 ering of taxes and fines by, . . . .162 Collicott, CoUecot, Colcot, Edward, . 27, 31, 45 Converse, Edward, 11,35,36,149 deputy, 23 commissioner for Woburn, 35 Richard, 48 Cooke, George, y^ Mr., [Richard,] paid for his two journeys, . Captain 54 George, . . . . 39,44,111 Collier, John, 6 deputy, 22, 33, 36, 55, 66 Thomas, 5 Captain, 11, 32, 39, 47, 53, 80, 83, 109, 128, 209 Collins, Edward, 137 commander of the expedition against Colony, property of the, 70 Gorton, 41, 44, 45, 47, 53 Commerce free to all trading ships in our har- deputy, gg bors, 109 Joseph, lieutenant at Cambridge, . . . . 137 Commissioners of small causes to be appointed discharged, 217 by County Courts, I88 Samuel and Edward Allen, accounts be- directed to keep records, 2O8 tween audited, 1(52 GENERAL INDEX. 307 Cooke, Mr., 164 Court, General, the magistrates and deputies Coopers, proposal for meeting ot, to regulate of, to keep separate journals of, . . 259 their trade, 98 instructions of, to clerk and secretary, . . 259 of Boston incorporated, 250 records, paper.s, &c., directions for tiling, Com, 190 preserving, &c., 260 and other grain not to be transported out cases of difference to be determined by of the jurisdiction, 240 the major vote of the, 285 Cosga, Henry. 32 no petition to be received after the third Cotton, Mr. John, 183 day of the session of, 20 Mr., [John,] 46, 109, 200 repealed, igs three different opinions of the elders petitioners to pay certain fees to clerk or concerning the negative voice deliv- secretary to lighten expenses, . . .261 in, ered by, ...... 46 proposal that the secretary be elected by, . 285 Coukclayne, Ananias, . 137 orders of, to be sent to the towns forth- Council to direct their warrants only to the with, . . . 89 •• Treasurer for payment of money, . . 70 Mr. Pelham and others appointed commit standing, book of Mr. Saltonstall ooncern- tee . upon orders of, . . 140 mg, committee appointed with plenary power vindicated against Mr. Saltonstall's book, . 20 during recess of, with reference to the Counties, first division of the colony into, name- arrest of Gorton, the confederation of ly, Essex, Middlesex, Suffolk, and Nor- the colonies, Indians, &c., .... 46 folk, 38 committee of neighboring magistrates, &c., County, lieutenants appointed for each, to call appointed to consider of petitions of out troops in case of sudden attack, . 42 Maverick and Marshall, and to finish commissioners directed to forward copies business on hand, 54 of each town's taxes within one month adjournment of, 71 after their meeting, ...... 244 committee of, appointed concerning mis- Court of Assistants, five magistrates to consti- sion to England, Indian affairs, &c., . 87 tute a quorum at the next, .... 85 provision of for meeting in case of urgent adjourned on account of conflict with busi- need during the Indian war, .... 126 ness of the General Court, . . . 191 penalty for departing from, £100, declared to take cognizance of no case that may be to apply only to first session, .... 51 tried in an inierior Court, unless by plan proposed for shortening sessions of, appeal, 279 by meetings of the deputies of each Court of Elections, see Magistrates, Assistants, shire to arrange the business in ad- Elections. vance, 47 Court and jury, province of, in trials of actions, 21 proposition to reduce numbers of, and Court, General, members of, to be sworn to im- change mode of electing, 88 partiality before proceeding to judg- plan for reducing e.vpenses of; shires to magistrates, and towns their . support ment m civil or criminal cases, . 7, 9 ; Court to sit in turn at Bos- to try only cases on appeal, . . . . 16, 17 deputies the opinion of the elders and others asked ton, Cambridge, and Salem, .... 140 concerning the negative vote of each order of, to consult with elders and others, as to whether God does not expect branch of the, . . 40 opinions of the elders delivered by Mr. that magistrates and other officers be 67 Cotton to, 46 reasonably paid, cases showing origin of negative vote, 12, 89, magistrates and deputies free from ferriage 90 in attending, ...... 84 host of, to be paid expenses for providing divided ; magistrates and deputies to sit in for, 101, 139 separate houses ; concurrent action of contingent expenses of, auditor ordered to both necessary to every measure, . . 58 259 construction of patent by the elders con- pay, Court, inferior, in Boston, to have jurisdiction cerning powers of, ... . . 90, 96 28 decision upon said opinion, 95 tojElOO, 212 Court martial, 223 law books provided for, . ... 308 GENEEAL INDEX. : authorized Courts, Quarter, law establishing, repealed, in- Criminal proceedings magistrates offences at special Courts stead of which a court is to be held to try petty only twice a year, the Governor being under 40s. fine, or 10 stripes, ... 192 witnesses, &c., to be authorized to convene it for capital trials, the costs of delinquent, . 205 trials, 286 borne by the particular 37 Courts, County, to have care of civilization, &c., Crosman, Robert, . . Cross, John, commissioner for Hampton, . . . 10 of Indians, . » 84 45 to try no cases that may be tried by a ma- Crosse, John, of Newbury, 6, 8 gistrate, or by the commissioners for Crumwell, , small causes, 279 Curriers, not to be also tanners, 18 128 to have copies of the laws at public charge, 28 Curtis, Deodatus, 113 members of, related to either party, not to Cushan, Daniel, sit as judges, 39 Cutshamake, a coat granted to, 27 among Indians, 188 Cutshamacke puts himself and his subjects for petty causes to be held by selectmen under the government of Massachu- setts, 55 when the magistrate is interested, . . 162 in towns for trial of small causes, commis- allowed to buy 2 or 3 pounds of swan sioners appointed or chosen to keep shot, 148 record, and to be sworn, 208 sale of land by, to John Woodbridge, for Courtships, clandestine, forbidden under pen- Andover, 159, 160 alty of jES, 207 Cutter, William, 250 Covenant, general, for matters of religion and Cutts, Richard, suit concerning Wannerton's civil liberties, letters written to the house, 150, 168 United Colonies for advice concerning, 61 confirmed in possession of Wannerton's Cowdall, John, conveyance by, to William Da- house, 231,232 vies, 134 Mr., 207 Coyteraore, Katherine, 233 Dalton, Philemon, appointed to marry persons Martha, widow of Thomas, deed of, to In- at Hampton, 98 crease Nowell and others, trustees of Dalton's Justice of Peace, copy of, to be pro- property belonging to her son Thomas, 232 cured, 212 her marriage contract with Governor Dand, John, 277 Winthrop, 234 to be discharged upon giving suitable ac- Thomas, 232, 234 knowledgment, &c., 205 IMr., [Thomas,] proposed as commander of his fine remitted, 241 the Castle, 74 Dane, see Dayne. Cradock, Matthew, mortgage from Thomas Danforth, Thomas, 209 Dudley to, 60 Dartmouth, ship, action concerning, ... 79, 82 Mrs. Rebecca, (alias Mrs. Glover,) claim D'Aulney, Mons., Governor of Acadie, com- for money disbursed, referred to au- missioners appointed to treat with, ditor, 226 concerning alleged wrongs received Creed, or confession of faith of the churches, 200, by that colony, 157 285 See Latour. Crier in each town for goods lost, order con- vessel, stores, interpreter, and substitutes cerning, 14 provided for commissioners sent to Crimes, answers of the elders to questions treat with, 159 concerning penalties for, . . . . 92, 93 Messrs. Endicott, Bellingham, and others and penalties, directions to Court con- to draw up instructions to commis- cerning, 95 sioners sent to, 159 Criminals, proceedings concerning : estates of Davenport, Captain, Richard, . 115, 130, 164, 197 persons charged with capital offences commission for, as captain of Castle Island confisoated, &c. ; fines imposed for fort, 63—65 refusing to aid in capture, upon hue Lieutenant, chosen captain of the Castle, . 83 and cry being raised to be ; carried to Captain, to be partly paid by children's prison at their own charge, if able, 181, suits, in hands of Mr. Glover, . . .164 182 petition of, for aid to the Castle, . . . 239 ' GENERAL INDEX. 309 Davies, James, 75, 185 Deputy Governors, names of: commissioner for Hampton, lo Thomas Dudley, .... 146, 187, 238, 265 James, Jun., 192 John Endicott, 33 Jenkin, 12, 13 John Winthrop, 66 97 upon petition of his wife, allowed to Dexter, Thomas, is granted two months to prove leave oir his rope, 54 his claim, 59 Jotin, 136, 212 forborne £6 or £8 till next Court, ... 70 Samuel, innholder at Winnisimmet, . . 188 trial , with Robert Saltonstall post- William, deceased, intestate, settlement poned, ... 230 and division of estate of, 58 Dill, George, abated his part of forfeiture, . .242 Sergeant, 137 Dillingham, John, deceased, and Richard Sal- Davison, Jvlr., 200, 248, 262 tonstall, committee appointed on ac- £100 paid to, due Mrs. Glover, .... 205 counts between, . . 139 Day, Stephen, 47, 75 deceased, settlement of his estate by Rich- Dayne, John, the house of Mr. Chambers ard Saltonstall, executor, account ap- granted to, having paid his debts and proved by committee, (Nowell and educated his children, .... . 283 Hibbens.) 144 Declaration, see Actions law. at Dillingham, Sara, 144, 145 Dedham, 26, 28, 30, 38, 52, 89, 112, 147, 163, 218, Mr., deceased, 132 225, 256, 2.'37 Dingham, Mrs., 165 taxes of, ... 14 Dixie, William, no is granted three weeks to settle its boun- appointed ensign at Salem, 146 daries, 50 Ensign, 133 inhabitants not allowed to leave, .... 122 Disobedience towards parents, 179 . Mr. Wheelock to solemnize marriage at, 136 Dissections allowed once in four years, . . . 201 title of the great swamp confirmed to, . . 148 Divinity students, encouragement of, . . . .167 and Watertown, land between, allotted, . 184 Dogs, detected in killing sheep, to be hung, . 252 is granted meadow land westward, for a Donations from England, committee appointed village, 283 to receive, 86 Keayne, l^rown, and Parker are granted Dorchester, 26, 30, 31, 38, 46, 50, 89, 112, 116, 123, land adjacent to the new village of, . 283 130, 140, 146, 149, 163, 166, 173, 194, 218, 24''4, Denison, Daniel, . . 110, 158, 159, 227, 256, 264 225, 226, 255. deputy, 55, 238, 265 ta.xes of, . ... 14 Captain, [Daniel,] 39, 59 ferry and highway, committee appointed William, 198, 256 to locate. 28 Deputies, towns authorized to send but one, in- forty saker shot granted to, 70 committee appointed to stoaii of two, if they so desire, . . 3 and Weymouth, out nearest road between, . . . 136 proposal for choice of, for a whole year, . 47 lay changes proposed in election, &c., ... 88 petidon of, for an island in lieu of Thomp- 258 law rcdociiig to one for each town suspend- son's Island, of, abated, 262 ed till after the ne.xt Court, .... 209 fine highway, . . 271 towns are desired to vote on the question Braintree, and Weymouth 205 of sending one or two, 217 Doughty, Bridget, with Mrs. Cole, 74, 191, 205, 257, allowed to send one or two, at pleasure, 231 Francis, suit 272 and magistrates, mutual negative of, . 40, 46, 285 Dover, . 38, 57, 60, 62, 102, 131, 193, 225, 236, 253, 258, 282 and magistrates to sit in separate houses, 58 Strawberry Bank, dispute between, . 37 answers by elders concerning construc- and Strawberry Bank, settlement of bound- tion of patent as to powers of; allowed and aries of, 45 legislative and consultative, but de- Piscataqua are desired nied ordinary judicial powers, save commissioners for to hear the complaint of, 60 upon appeal to the General Court, of confirmed in possession of land claimed by which they are part, 92, 93 96 Strawberry Bank, 71 decision of General Court concerning, . 95, 41 ^ mistake in polls corrected, proposal for pay of, 310 GENERAL INDEX, Dover, admonished for choosing a new deputy Dudley, Thomas, redemption of mill mort- without summons, 41 gaged to Matthew Cradock by, ... 60 and Strawberry Bank, a committee appoint- order for delivering up mortgage deed to, 60 ed concerning the pay for the board of is granted £60 for services as Governor, their deputies, 134 for 1645, 165 highway to Salisbury, 150 and others, order for location of lands and Strawberry Bank, petition of, concern- granted to, 184 ing jurisdiction of Courts, &c., . . . 175 Dummer, Dumer, Richard, . . . 138, 147, 227 Court, petition of Anthony Emery referred to, 62 commissioner at Newbury, 73 Courts, 110,153,219,242 executor of Mr. Nelson's estate, 272, 273, 283 Courts, see Piscataqua Courts. deputy, 66, 96, 146 Dover, John, paid for a journey to Connecticut, 27 Mr., [Richard,] 208 Dower, law concerning, amended ; the County associate of Ipswich Court, 68 Court to assign the widow personal deputy, 186 estate at discretion, 281 Stephen, 184 Downing, Emanuel, associate of Salem Court, 68, Duncan, Nathaniel, 6, 8, 162, 176, 182, 196, 244, 276 246, 262; 263, 286 deputy, 55, 66, 238 chosen auditor general, 141 Mr., [Emanuel,] 22, 58, 68, 76 deputy, 22, 55, 66, 146 his petition granted, 62 Lieutenant, [Nathaniel,] . 13, 32, 39, 73, 78, settlement with, and account asked con- 79, 109, 157 cerning transportation of children, . . 89 Lieutenant, deputy, 96 Mr., to obtain evidence against Thomas Mr., [Nathaniel,] .... 83, 159, 169, 218 Morton, 90 Dunster, Mr., [Henry,] 28, 189 committee appointed to collect debt from, 141 to be paid £16, by Mr. Stoughton, on ac- settlement of claims with Mr. Weld, . 162 count, 42 tenant of, allowed to keep an inn under petition of, for the £400 and other gifts, direction of Salem, 241 from England, referred to the next Draper's Point, _ 265 General Court, 70 Drinking healths, order against, repealed, . . 121 farm laid out to, 114 Drunkenness disorder, . . and punished, . 100 to be paid £100 on account of debt due laws to prevent and punish, 171 him, 176 at inns, &c., order to prevent and punish, . 257 petition of, concerning claims of the col- punished by commitment to prison, and lege, 200 by presentment, . 281 Dutch, meeting with, by commissioners of Ducatour, rix dollar, real, &c., order fixing ex- the United Colonies, for settlement of change of, 29 trade, &c., resolved upon, 263 Dudbridge, William, and others, appellants the impositions being taken off, no action against Tuttle, 198 needed, 267 Dudley, Dudly, Katherine, petition of, concern- Dwyte, Timothy, 37 ing deed, 231 Dyer, Thomas, licensed to keep an inn at Wey- Samuel, 32, 79, 148 mouth, . 74 commissioner at Salisbury, . 35, 73, 97, 190 commissioner for Weymouth, 167 associate of Ipswich Court, i9i deputy, i4(3_ igg associate of Norfolk . Court, . . 242, 266 Eales, John, located as beehive maker at deputy, 54 Newbury, jqi Thomas, 17, 20, 22, 31, 35, 38, 41, 54, 61, 65, 74, Eames, Anthony, commissioner for Hingham, 157 76, 86, 87, 96, 109, 145, 158, 162, 245 186, 239, [Anthony,] deputy, 55 chosen Assistant, ...... 33 66 Lieutenant, . J23 chosen sergeant major general, ... 66 Eaton, Mr., [Theophilus,] ! 245 chosen Governor, 97 Mr., [Nathaniel,] committee on estate of, chosen Deputy Governor, 146, 187, 238, 265 to render account, and a letter to be commissioner for the United Colonies, 187, sent to Virginia, 114 265 Education of children, order concerning, . .69 substitute for, 145 Education, military, of children, . . .99 GENERAL INDEX. 311 Edwards, John, house, &c., of, transferred to Essex county, 50, 70, 88, 109, 128 Harman Garret, 32 includes Salem, Lynn, Enon, Ipswich. Elce, Eoger, and Jane Lishan, permitted to Rowley, Newbury, Gloucester, Col marry, though not thrice published, . 79 chichawick, ...... 38 Election of Assistants to be by beans other ; copy of Court book made by Mr. Symonds ofiioers by ballot ; mode of voting and for, 48 transmission as before, 220 Salem the shire town of, 83 See Assistants, and Magistrates. Estate of the colony. Treasurer authorized to Elections, £10 fine for fraudulent voting at, . 48 inquire out and claim, 70 Election sermon, by Mr. Mather, 62 Estates, administration of, 287 leave granted to print, with consent of Mr. Estowe, Esto, William, 30 Mather, 71 to assist in ending small causes at Hamp- Eliot, Mr., [John,] 166, 188, 264, 268 ton, 45 Mr., £10 granted to, for his labors deputy, among ...... 66, 238, 265 the Indians, . . 189 Everell, James, and others incorporated as a petition of, concerning sale of wine to In- company of shoemakers, . . . 249 dians, 2.')8 Execution.s, levy of, 187. 204 Eliott, Francis, 128 Executors, order concerning, 287 Ellice, William, 128 Exeter, 38, 44, 58, 103, 187, 188, 225 Elsyng, H. cler. Pari. D. com., 34 petition answered by the General Court, 37 Elvin, Mrs., . . 272 being found in Massachusetts patent is re- EUvell, and others appellants against Tuttle, . 198 ceived under its jurisdiction, ... 43 Embezzlement by servants or workmen, law committee appointed to set out boundaries concerning, . 180 of, from Hampton, 43 Emery, Anthony, 62 causes of, to be tried at Ipswich, ... 44 Endicott, Endecott, John, 48, 50, 54, 65, 96, 110, 145, not to gather a church nor settle Mr. Batch- 159 elor until their divisions are settled, 67, 68 chosen Deputy Governor, 33 petition of, for meadows; no action taken, 102 chosen Governor, 66, 265 boundaries towards Hampton, committee Assistant, 97, 146, 187, 238 appointed to lay out, 148 chosen sergeant major general. 97, 146, 187, 238 to Winnisimmet, committees appointed to chosen commissioner for the United Colo- lay out a highway, 192 nies, 146, 187, 239 Messrs. Ezekiel and Nathaniel Rogers and commissioner to hold Court at Piscataqua, 37 Mr. Norton appointed to settle difficul- £20 advanced to, in anticipation of salary, 73 ty at, 230 granted £100 salary as Governor, upon giv- is refused exemption from taxes, .... 236 ing bond for repayment of money E)Tes, Simon, 136 advanced, 116 Simon, commissioner at Watertown, . . 34 grant of 550 acres, to be located, .... 259 Fairbanks, Fairebanks, Richard, 102, 110, 161, 184 Engals, Robert, 252 licensed innkeeper, 173 See Ingalls. Goodman, [Richard.] pay of, . . . 83 England, committee appointed for correspond- one of the company of traders, 86 ence with, on public affairs, and to re- Fairfield, Daniel, 12 ceive donations, &c., from, .... 86 allowed to work not more than 5 miles revolution in, 69 from Boston, 61 English. William, commissioner for Hampton, 75 on petition of Elizabeth, his wife, allowed deputy, 146, 186 to depart, 273 Sergeant, dismissed, ...... 216 John, ...... 36 Enon, 38 Falsehood, . . . 104 name changed to Wenham, . ... 44 See Lying. Ensome, Robert, and others, wine duty abated Fast, appointed July 21, 1642, 16 on petition of, 152 desired by General Court, if elders think Entries, book of, 212 meet, to be kept September 22, 1642, 27 Escheat, goods unclaimed by legal owner to be appointed June 1, 1643, for the sad con- dition of our native country, . . 38 seized, . . 182 312 GENEKAL INDEX. Fast, appointed October 5, 1643, 46 Fisher, Joshua, referred to the usual committee appointed July 3, 1644, for the drought and for composition, 273 sickness at home and troubles in Eng- Fisheries : order on petition of Marblehead con- land, 71 cerning use of harbors for drying fish, appointed December 19, 1644, in regard of &c., 147 our native country, &c., 84 Fiske, Phinehas, keeper of an ordinary at Wen- appointed June 26, 1645, 103 ham, 200 appointed August 28, 1645, on account of allowed to sell wine at Wenham, . . . 242 troubles at home and in England, . . 123 William, licensed to keep an ordinary, . 57 appointed December 24, 1646, for England, wine seller at Wenham, 87 . . . Bermuda, and New England, 167 dismissed, . . 216 appointed April 20, 1648, on account of deputy, 186, 265 troubles in England and disease and Flatman, Thomas, 128 drought in the colonies, and in the Flats, common, for gathering marsh grass for West Indies, 229 thatch, order concerning, 284 Faulkner, Edward, of Andover, licensed wine Flint, Thomas, .... 54, 89, 96, 99, 145, 186 seller, 242 chosen Assistant, 33, 66, 97, 146, 187, 238, 265 Fences around common lands to be maintained Mr., 17, 20, 22, 50 by the owners 39 Fog, Mr., salary from Salem Court, . . .71 Fenwick, Mr., 215, 246, 264, 268 Foot, Mr., agent of, authorized to proceed to claims Woronock by virtue of an older pat- judgment against agents of Foxcroft, 75 ent, 44 Forgery, to be punished by pillory, restitution, agent of, possessor of 2 guns in dispute, 167, 216 and disability to testify, 181 Ferries, order concerning free passage of magis- Fornication, punishment of, .21 trates and deputies not to apply to Fosditch, Stephen, 197, 257 their families, 154 Foster, Hopestill, appointed ensign of Dorches- Ferry, Boston and Charlestown, paid for pas- ter company, 146 sage of officers, 154 Thomas, petition for money due him, . 162 Winnisimmet, arrears of rent remitted, . . 32 £30 per annum granted to, for the term magistrates free to cross, 32 of service, 176 rent remitted ; magistrates and others Foulcher, John, 97 free to pass, 90 Foulsham, John, 113 Neponset, granted to John Glover, . . . 244 Fowle, Foule, George, 30 Newbury and Salisbury, . 246, 265, 266, 276 Thomas, 2 small guns granted to, . . . 79 Feny boats, regulations against over crowding, 170 petition concerning Madame Latour and Ferrymen authorized to demand payment in Alderman Barkley, 135 advance, 262 Mr., 157, 162 Finance : committee appointed to examine con- Foxcroft, Mr., David Yale agent of, . . . 66, 75 stables concerning collection of fines, suit against, by the agent of Mr. Foot, . . 75 taxes, &c., due, 161 Franco, Solomon, supported till he can get pas- to Fines, secretaries or clerks of Courts, send sage back to Holland, . . . . 273 transcript of, to the Treasurer, . . .144 Franklin, William, referred to the magistrates for penal offences to be strictly paid, or the concerning a second trial for his life, 71 party to be imprisoned, 153 Freemen, church members refusing to take the arrears, &c., committee appointed to col- oath of, to be dealt with, 38 lect, 239 law restricting town officers to, repealed, . 197 Fires, kindling of, in the woods, law concern- members of churches refusing to become, ing, 180 order concerning, 208 damage from, caused by tobacco smokers, French business, commissioners appointed to to be paid for, 151 examine witnesses concerning, . . . 1 09 Firman, Mr., [Giles,] 14 French, John, 128 Fisher, Anthony, deputy, 265 William, 137 John, 75 lieutenant at Cambridge, 187 Joshua, 50 Sergeant, 30 lieutenant for Dedham, 258 Frier, Elizabeth, 86 GENERAL INDEX. 3^3 Fullerj Edward, 4g Gibbons, Edward, deputy, . 22, 33, 96, 145, 186 Funnell, Mr., commissioner for Strawberry Captam, allowed to reside at Castle Bank, Is- 70 land, 45 Furber, William, deputy Sergeant 238 major, intrusted with conserva- Fur trade, of the Company, committee appoint- tion of the peace in Boston and in the ed to confer concerning the, .... 83 harbor, ^ jjg order concerning, approved, Major, no allowed to bring casks of wine Fur traders, committee appointed to take ashore for trimming, to be returned to names and accounts of the, .... 44 the ship, 263 James Penn appointed to take account Gilbert, ship, 113,132,218 of what is due from, Gill, 117 Arthur, 274 Furs, beaver, &c., traders in, desired to account Gillifiower, Mr. Pilgrim, master of the, . 83, 84, 90 for taxes due, . . . Ginner, .... 3 Mr., ^9 traders in, to give an account of the wam- Glass works, petition of employees of, . . ,137 pum, Gloucester, 27 26, 30, 35, 38, 67, 89, 98, 112, 189, 225 and Indian trade, proposals taxes for granting of, 14 monopoly of, for 10 years, muskets .... 86 of the country lent to, ... 27 duty imposed upon beaver, otter, bear, and i;20 granted to, towards building a mill, . 80 moose skins, . 225 excused for not having sent a deputy, . . 147 duties on, Glover, John, 269 6, 8, 41, 44, 216 Gage, John, 4^ 36 and another, of Dorchester, discoverers of a Gainer, Thomas, 247 249 mine, i] Gamer, Thomas, records transcribed on pe- confirmed in title of real estate bought of tition of, 274 Mr. Pinchon, 139 Gaming, prohibited under penalty commissioner for of treble Dorchester, . . . 166, 194 forfeit, the ferry over 180 Neponset River granted to, . 244 Gardner, Edmund, paid by Ipswich, . . . .153 deputy, 22, 33, 66, 238, 264 committee concerning saltpetre, .... 187 Mr., [John,] 7, 10, 28, 39, 45, 62, 70, 115, 128, Richard, 259 164, 189, 205, 227 Garenne, La, 120 deputy, 55, 186 Garford, IMr., Mrs. .30 Rebecca, formerly Mrs. Cradock, . . 226 Garing, John, 128 Mrs., Rebecca, 205 Garret, Harman, bound to next Court, . . .197 farm laid out to, 114 Goodman, 129 Goatskins, not to be shipped till made into Gates, Stephen, 164 gloves, 135 Gangers appointed for casks, &c., 29 Goffe, Edward, 36, 115 Geler, William, 139 deputy, 146 General assembly of churches, .... 154, 200 Gold, Edmund, 113 See Churches. Goodenow, Goodiner, Goodner, Edmund, 30, 76 Gerish, William, order of the General Court commissioner at Sudbury, 35, 245 concerning an estate administered by, 275 ensign, 124 trustee of estate of Mary Oliver, daughter deputy, 265 of John, deceased, 282 Edward, deputy, 97 Mr., petition of, and order concerning, es- Goodwin, Adam, 47 tate of John Oliver, 164 Gookin, Captain Daniel, deputy, 265 Gibbons, Gibbons, Gibons, Ambrose, .... 219 Gore, John, authorized to free his servant, associate of Piscataqua Courts, .... 153 Thomas Reeves, 67 Edward, 15, 27, 33, 36, 39, 74, 106, 113, 124, Gorton, Samuel, and his company, commission- 236, 256, 265, 276 ers sent to demand satisfaction from, chief commander of forces against the or to arrest, 41, 46, 50 Indians, 122 formal charge against, ^ 51 at Charlestown penalty for es- execution against estate of, on account confined ; of ship Gilbert, 132 cape or teaching heresy, death ; same sentence to adherents confined in to exercise the company at Hingham, . 148 other towns, . . 52 chosen major general, . ... . 265 VOL. II. 40 314 GENERAL INDEX. Gorton, Samuel, allowed a safe conduct through Gunnison, Hugh, 20s. paid to servants of, . .161 Massachusetts to his dwelling, at re- innkeeper, licensed, 173 quest of the Earl of Warwick, . . . 242 20s. granted to servants of, 175 Gould, Zaccheus, petition for a village ; Ips- [Hugh,] 20s. granted to servants of, . . . 276 wich desired to further the settlement, 73 Gurny, John, 79 Government, form of, declared by reverend Gwin, John, 36 elders to be mixed aristocracy and Hackburne, Goodwife, 20s. paid to, for pains democracy, 95 taken during the session of the Gen- See Court, General. eral Court, 116 Governor, two sergeants to attend the, ... 47 Samuel, Katherine Dudley, late wife of, declared to be ex officio commander-in- petition concerning a deed, .... 231 chief of military forces ; the Court or Hale, Thomas, commissioner for Haverhill, . 192 council may appoint a substitute for Hall, John, 166, 272 foreign service, 223 Rebecca, of Salisbury, referred to Hamp- Governor, Thomas Dudley, 97 ton Court concerning her estate, . . 245 John Endicott, 66, 265 same case referred to Salisbury Court, . 254 John Winthrop, 33, 146, 187, 238 Halsteed, William, deceased, .... 261, 266 Govis, Obadiah, discharged, 140 Hamlin, James, is granted 200 acres of land for Grammar schools to be established, .... 203 the £50 of Mr. Wareham, 10 Green, John, and Samuel Gorton, cattle of, Hampton, 26, 30, 37, 38, 42, 45, 89, 98, 111, 112, 190, seized to pay expenses of capture, 225, 254 trial, and maintenance, 53 attached to Piscataqua, under the com- Greene, Sergeant Samuel, 63 mission granted to Wiggin and others, 10 Mr., 35 See Piscataqua. Greenfeild, Samuel, 76 taxes of, 14 commissioner for Exeter, 148 and Exeter boundaries, 43, 148 Greenleaf, Greenliife, Greenleefe, Greenleife, settlement of difficulty between the train- Edmund, Ill band of, and their Lieutenant Hay- Mr., [Edmund,] 30, 276 wood, 59 , commissioner at Newbury, .... 16 Mr. Bellingham and others appointed a Lieutenant, [Edmund,] ordered to send committee to end differences at, . . 67 home the Indian woman and child fine of remitted, 75 from Newbury, 23 and Mr. Batchelor, committee appointed to discharged from office, 215 hear and determine difference be- Griffin, Hugh, clerk of the writs for Sudbury, . 97 tween, 79 Eichard, deputy, 238 committee appointed to examine differ- Mr., deputy, 186 ences at, 147 Grigs, Humphrey, 128 order concerning highway from Dover to Grosse, Isaac, 115 Salisbury, on petition of, 150 Guilder, value of, 29 to be allowed £5, if a road is built over Guinea, negro stolen from, returned by order the marsh, 165 of the General Court, .... 136,168 Court, 242, 266 Gullison, Hugh, the custom of wine granted to, Harkot, Richard, to be put to service for one to discharge board bill, 197 year, 53 20s. granted to servants of, 218 Hartford, 69 to be repaid costs of a suit for wine duty jurisdiction of, 182,183,269 against Robert Knight, 243 Harvard College, £40 granted to, ... . 27, 28 to paid for be board of the Court out of governor, magistrates, ministers, and the the revenue from wine, 242 president, authorized to frame stat- 20s. granted to servants of, 263 utes, receive legacies, &c., for, ... 30 Gunnison, Hugh, 277 £150 granted to, for a house for President cook, licensed to sell beer to his guests, 14 Dunster, $4 denied wine license, . 97 families are desired to send each a peck of to be paid for entertaining the General corn or 12d. in money, as a basis for Court, 161 education of poor scholars at, . . 86 GENEEAL INDEX. 315 Harvard College, claims of, against the colony, Hayward, Goodman, 13 to be paid, or to draw interest, . . . 200 See Heiward. committee appointed on petition of the Haywood, Ralph, gg president of, respecting Charlestown Healths, order against drinking, repealed, . . 121 ferrymen, 200 Hearsy, William, ii3 facilities granted for the study of med- Heath, Heathe, William, deputy, 22 icine and surgery, on petition of the Goodman, 13, 28 president of, 201 Elder, 163 £50 paid by Mr. Peters to, 205 Heiward, John, deputy, 96 officers and students of, exefnpt from train- Heresy, punishment of, by fines, . . . 176, 177 ing, 221 See Church ordinances. an order to be agreed on by the Court con- Herman, Nathaniel, 128 cerning young scholars at, .... 201 Heyden, James, ]54 Harvard, Mr., account to be taken of ammu- John, 199 nition by, supplied 27 Hewes, Joshua, 60, 104, 228 Harvest, constables authorized to require me- Sergeant, [Joshua,] 30 chanics to aid in, when crops may be Lieutenant, [Joshua,] 163 injured delay, by 180 Hibbens, William, 39, 41, 54, 59, 61, 74, 86, 87, 96, Hastings, John, 128 109, 138, 139, 141, 144, 145, 162, 169, 186, Hathorne, Hauthorn, Hawthorne, William, 7, 10, 44, 196, 216, 245. 58, 76, 79, 83, 98, 99, 109, 110, 138, 158, chosen Assistant, 33, 66, 97, 146, 187, 238, 265 159, 198, 245, 259. Mr., [William,] vote of thanks and £30 William, dismissed, 4, 28, to, for his voyage to England, . . .185 appointed recorder until Mr. Downing Hides, exportation of, prohibited, 168 return, 35 Higginson, Blr., petition concerning loss by not associate of Salem Court, . . 35, 68, 276 printing a work, 52 appointed commissioner to the United Highways, may be laid out by the selected Colonies, &c., 69 townsmen in their own towns only, . 4 of Salem, free from training on account orders concerning obstructions and tres- of public services, 70 passes in, 192 captain for Salem, 133, 146 defective, order concerning damages for Captain, grant of land located to, . . . . 259 injuries received from, .... 228, 22D of, the sev- deputy, . . 22, 33, 55, 66, 96, 145, 238, 264 and bridges, charge to rest with Haugh, Mr., petition for claim, 32 eral towns in which they are, . . . 263 Haughton, Mr., thanks returned to, .... 27 to be laid out for public convenience, not Haverliill, 38, 187, 192, 225 to serve private interests, 271 136, 212 about 1 20 acres of meadow granted to, . . 47 Hill, John, committee appointed upon petition of, con- Valentine, 113, 139, 247—249 cerning new lands, 207, 208 and others incorporated a company to Hawkins, Thomas, deputy, 55, 66 carry on trade in new districts, ... 60 239 Captain, [Thomas,] 39, 158 Mr., 39, 169, 218, Hills, Hill, Joseph, of Charlestown, 128, 136, 203, privateer commission granted to, . . . 79 234, 246, 256, 262, 271, 286 &c., hostility of, disavowed, 158 230, 233, pains about the printed laws, . 273 Jane, denied leave to come to us, ... 147 paid for his 186 Hayden, John, £5 granted to, 259 deputy, 196, 205 Hayne, Haynes, Walter, commissioner at Sud- Mr., [Joseph,] others appointed to hold bury, 3^ Hilton, Edward, and Piscataqua, 5 deputy, 22,55,146,238 Court, &c., at 54, 66 Hayward, Haward, Heiward, William, com- William, deputy, 89, 112, 124, 148, 157, 166, 173, missioner at Hampton, and clerk of Hingham, 26, 30, 38, 225, 252, 262, 283 writs, 10 1"* dispute with Hampton, 59, 67 taxes, warned to forbear troubling William, deputy, 33, 54, 66 inhabitants of, General Court concerning Nantas- Lieutenant, [William,] 150 the 46 deputy, 22, 96 ket, 316 GENEKAL INDEX. Hingham, petition of 81 inhabitants of, com- Hubberd, Joshua, deputy, ... 33, 96, 146, 186 plaining of infringement of liberties, . 97 Peter, 113 petitioners of, fined, 113, 114 Thomas, 113 Lieutenant Atherton appointed to oversee William, 36, 68, 138 the election at, 163 deputy, 33, 66, 96, 146 petition of certain inhabitants for remit- [William,] 227 ting of fines, 164 Mr., [William,] associate of Ipswich Court, 68 deputy of, dismissed upon his request, . .258 Mr., 83 Hinsdel, Robert, 37 deputy, 55 Hobart, see Hubberd. Hudson, John, 13 Holbrooke, Thomas, 271 Susan, wine license denied to, .... 97 Holding, Randall, adherent of Samuel Gorton, William, 277 confined at Salem, 52, 53 , his lot, 271 petition for reversal of sentence of banish- Hue and cry, order concerning, .... 181, 182 ment denied, 275 Hull, 182, 225 Holgrave, John, case with John Humphrey, . 22 formerly called Nantasket, 74 Holland, order concerning the coins of, . . . 29 suit of inhabitants of, 79 HoUingsworth, Richard, petition of, denied, . . 147 authorized to administer its local affairs; . . . Hollister, , deputy, 65 charged to foster its fisheries, 189 Holt, see Hoult. fine of, abated, 262 Holmes, Christopher, dismissed on payment of petition of, for return of Mr. Matthews, re- £5, 53 fused, 276 Holyoke, Hollioke, Holioke, Edward, .... 4 Humphrey, Humfrey, John, 132 associate of Salem Court, 35 and John Holgrave, case between, referred, 22 deputy, 22, 33, 238 committee concerning goods of, . . . .138 Mr., [Edward,] 22, 27 Dorcas, 12, 13 deputy, 186 Sarah, 12 Homicide of a robber or burglar in just and ne- Hutchinson, Edward, appointed to demand sat- cessary defence held justifiable, . .212 isfaction from Miantonomo, .... 23 Hooke, William, deputy, 33, 186 ensign at Boston, 102 Mr., [William,] granted leave of absence, Nelson, 86 being ill, 36 Mrs., efforts by the General Court to liber- Horses, &c., law against using without permis- ate the captive children of, .... 52 sion of owners, 195 Idle persons to be presented, 180 registry of, established, 280 Impost and excise to be levied on goods to and Hoult, Nicholas, 192 from Plymouth, Connecticut, and New Hounds, order concerning keeping, to hunt Haven, 269 wolves, 252, 253 Edward Bendall, collector of, 284 House of Commons, special order of, in favor Impost on wines, see Wines. of New England, recorded, .... 34 Impounding of cattle, 220 House of Deputies, to have a clerk and to keep Indian, the, who piloted our men home, to be a separate joumal, ...... 259 rewarded, 143 See Deputies. Indians, reception of, under the government Howe, Edward, deputy, 22, 33 and jurisdiction of Massachusetts, . 55 Mrs. Margaret, allowed to retail wine re- to be civilized and instructed in religion ceived for debt, 164 under the care of the County Courts, . 84 widow, 102 the elders are desired to propose means for Howlet, Thomas, 36 Christianizing, 134 ensign at Ipswich, 100 law against employing or entertaining, re- Ensign, [Thomas,] 208 pealed, 152 Sergeant, [Thomas,] 38 committee appointed to procure lands for Hubberd, Hubbard, Hubbert, Edmund, . . .113 settlement and civilization of, . . .166 deputy, 23 though not compellable to the Christian Joshua, 41, 51, 80, 97, 113 faith, yet held amenable for blas- ensign at Hingham, 252 Pliemy, 176 GENERAL INDEX. 317 Indians, forbidden to perform outward acts of Inns, licensing of, transferred to the County worship to false gods, 177 Courts, &c., 188 to laws be read and interpreted for, . . .178 game of shovelboard forbidden at, . . 195 two ministers to be chosen to make known and victualling houses, regulations to pre- the heavenly counsel of God among the, 178 vent drunkenness at, 257 Court set up for the trial of small causes Ipswich, 26, 30, 36, 38, 46, 49, 52, 61, 62, 73, 82, 87, among the ; sachems authorized to is- 89, 112, 128, 153, 157, 173, 187, 192, 225, sue summons, 188 227, 229, 241, 258. instruction of, by Mr. Eliot, 189 taxes of, ]4 money for improvement of, given by Lady Cape Ann, and Jeffries Creek, boundaries Armin, 189 of, settled, 4 on petition of Mr. Eliot, wine not to be sold twelve saker bullets granted to, .... 20 to, in Boston except by Mr. Phillips, . 258 and Mr. Rogers and Mr. Bradstreet, case orders against sale of powder and guns to, between, referred, 20 renewed, 16 and Salem, agreement concerning bound- provisions concerning attacks anticipated aries of, 35 from, . 24, 25, 28, 29, 38, 39, 42, 121, 223 order concerning execution of saltpetre law Narragansetts, Mohicans, &c., committee at, 102 appointed concerning, 46 Newbury and Rowley military company proposal for confederation against, 31, 35, 36, 38 chartered, Ill See United Colonies. two fifths of Plum Island granted to, . . 283 Satisfaction demanded from Miantonomo Court, 35, 68, 191 and others, 23 associates of, continued in office, ... 14 directions to Mr. Wannerton concerning, . 24 authorized to examine the late mutiny Pumhome to be aided, .... 72, 74, 112 there, and moderate fines for default- friendly, to be restored their arms, ... 27 ers in matter of arms, &c., .... 62 may have their guns repaired, and may commissioners appointed to keep, . 227 have powder, . . 57 land granted to inhabitants of, for a village, bounty to, for killing wolves, 84 afterwards Topsfield, 48 allowed to purchase wine, 85 village, provision for maintaining public proposals to regulate trade with, for ten worship at; 135 years, 86 and New Meadow, to pay expenses of their at the request of Benedict Arnold, supplied General Court for the trial of with 50 bushels of corn, 231 cause, ...... 144 of, called Toppesfeild, . 2.58 written to, for the liberation of Mrs. Hutch- New Meadows inson's children and others, .... 52 River, 256 Iron works, monopoly of manufacture for 21 preparation for defence against, . . . .121 years granted to undertakers of, . . . 61 men impressed to go against, 122 Sergeant Major Edward Gibbons chief answers of the General Court to questions commander against, 122 sent by proprietors of, granting lands commissioners appointed to demand satis- and immunities, 81 citizens invited to take stock in, . . . .103 faction from those who wronged the, . 227, 228 charter with ample privileges granted to company for erecting, 125 Industry in manufacture of linen, &c., incul- petition of company, and answers of the cated, . . ^ General Court, 185 Ingalls, Engals, Robert, petition concerning 252 Isle of Shoals, 199 death of his father at Lynn bridge, . William, 149 Innkeepers and wine sellers must be licensed, 100 Ivery, Edmund, 227, 249 bond given by wine sellers of Boston and Jackson, deputy, 186 Charlestown for license, 276 278 Edward, 256 conditions of said license, . . . 277, deputy, 238, 265 ordered to keep good beer on hand, . . .286 121 at, 100 Philip, Inns, regulations concerning drinking . . 171 Richard, deputy, 238 regulation as to sale of intoxicating drinks, —173 Mr., 205, 245, 283 318 GENERAL INDEX. Jacobs, Jacob, Nicholas, commissioner for Keayne, Robert, deputy, .... 145, 238, 264 Hingham, 166 Captain, [Robert,] 50, 162, 171, 200, 205, 244, deputy, 238, 265 245, 253, 264, 271, 2,'3, 274 Jay, Goodman, 108 Richard Sherman, plaintiff against, . . 12 Jeffries Creek and Ipswich boundaries, ... 4 and Goodman Sherman, order concern- to be called Manchester, 109 ing settlement of dispute about a sow, 51 Jeggels, Thomas, married by license of the Eleazar Lusher and Edmund Rice ap- General Court, 198 pointed to locate land of, 50 Jenkes, Joseph, patent for water wheel and en- location of land of, 184 » gines granted to, 149 is allowed £30, expended for Mr. Fen- Jenings, Captain, deputy, 96 wick, 246 Jennison, Jeanison, William, deputy, .... 22 and others, lands of, located upon Ips- Captain, [William,] 28, 50 wich River, 256 commissioner at Watertown, .... 34 land at Dedham village granted to, . . 283 petition of, for land, 163 deputy, 96 Jesuits and priests ordained by authority of the Mr., [Robert;] 28, 41 pope forbidden to come into the col- Kerly, William, 5 ony, 193 King and Parliament, contest between ; act Jewet, Joseph, 30, 38 against persons professing themselves Maximilian, deputy, 22, 33, 238 to be for the king against the Parlia- Johnson, Edward, 39, 44, 47, 53 ment, 69 clerk of the writs for Woburn, 35 King, Daniel, order relating to military duty of, 149 appointed to marry at Woburn, . . 258, 283 Thomas, referred to Salem Court, ... 16 paid for services, 53 Kingman, Henry, 271 deputy, 33, 66, 146, 265 Kingsley, Kingsly, Klngslye, Stephen, . . .136 Lieutenant, [Edward,] 109, 111, 157, 196, 197 and many others, petitioners for settlement leave of absence granted to, . . . .231 near Pumhome, 128 deputy, 97, 186 commissioner for Braintree, 271 John, 26, 27, 47, 51, 54, 65, 163, 165, 166, deputy, 33, 66, 186, 238 184, 197, 201, 202, 203, 228, 239, 245, Kinsbury, John, deputy, 186 256, 280, 282, 288. Knight, Richard, 276 £40 granted to, for services, 99 Mr. Bellingham authorized to try, about to collect claims to make up the grant, 103 suspicion of felony, 83 drn'ify, 22, 145, 186, 238, 265 commissioner at Newbury, 98 Mr./ 62 Robert, 231, 243 Goodman, ... 28 [Robert,] granted review of action upon deputy, 55 security given, 207 Jones, Joanes, Mary, tobe given £5 by Treasurer, 20 Knop, William, 90 Thomas, set free from his master, ... 4 Knowles, Mr., 123 deputy, 264 Laborers, not to be asked to receive any pay in Judges, related by blood or interest to either wine, 100 party not to have voice in deciding La Fortune, , 120 the case, 39 La Garenne, 120 Judgment may be acknowledged before 2 Lake, James, 218 magistrates and the secretary, ... 80 Thomas, 79, 98 Juries, committee appointed to consider the ex- Lambe, Thomas, 165 pediency of retaining, 28 Lamperille River, 236 province of, 21 Lands, common, to be cultivated according to Jurymen, to be apportioned among towns, will of the majority of proprietors of, 195 according to the number of inhab- selectmen to be umpires between disagree- itants, 285 ing proprietors of, 49 Kffisar, Kesar, Thomas, . .115, 129, 136, 168, 176 fences around, . 39 Keayne, Benjamin, 183 to low water mark to be the proprietors of 277 land Robert, 79, 184, joining thereunto, .... . 284 petition for land, 163 Lane, Sampson, 231, 232 GENERAL INDEX. g-^g Langton, Thomas, deputy, hq Laws, amendment voted to a clause in the See Laughton. printed, 263 Larceny, petty, from orcliards, &c., punished, . 180 enacted since the printed volume, also La Rose, , 120 those referred to in the same, to be Lathrop, Lothrop, Thomas, nO printed and indexed, 286 lieutenant at Salem, 140 persons openly breaking, may be arrested leave of absence granted to, 198 by constable without warrant, . . .151 deputy, 186 Lawson, Christopher, confirmed in title to Latour, La Tour, Latore, Mons., allowed pass house, 104 for 7 men, 120 is granted hearing of his case for Thomas hostile act of, towards D'Aulney disavowed, 158 Beard, 216 Lady, 135 Layton, see Laughton. Laughton, Layton, Thomas, commissioner for Lead, black, . 82 Lynn, 97, 153 Leader, Mr,, . 199 deputy, ...... 238, 265 bills of, to be paid, ... . . 134 La VioUe, 120 Learning, encouragement of, by recommend- La Violle Suisse, 120 ing support of divinity students, . .167 Law, Tearmes of, of, New copy to be pro- of grammar schools, 203 cured, 212 Leather, order concerning tanning, finishing, books to be procured for . . . Law the Court, 212 and inspection of, 18 Laws, and orders, committee appointed for re- order concerning inspection of, extended vision and publication of, 21 to shoes, &c., 31 capital, ordered to be printed, 22 undressed, exportation of, prohibited, . .168 revision of, 61 explanation of order concerning inspection former committee of revision of, continued, 39 of; also fees of inspectors, . . . .215 committees appointed for the several coun- See Goat skins. ties to draw up a body of, 109 Leather guns, to be procured, 219 committees appointed to frame a body of, Lechford, solicitor for William and Elizabeth are desired to meet, 128 Cole, 206 returns of committees of shires concerning Legatt, John, clerk of the writs for Exeter, 102, 148 digest of, to be transcribed by a spe- commissioner for Exeter, 103 cial committee, 157 Letoon, Marca, 248 and liberties, committee appointed to re- Leverett, John, sent to demand satisfaction from vise and digest the laws existing, and Miantonomo, 23 the draughts proposed, 168 sergeant, .29 Digest of, new committee appointed to fin- captain under Major Gibbons against Nar- ish, 196 ragansetts, ... 123 committee upon Digest, &c., of, authorized Levins, John, 259 to correct for the press, .... . 209 Rachel, petition concerning sale of land to be transcribed upon paper with a wide by her husband, 259 margin for notes and Scripture refer- Liberties, body of, two committees appointed . . 61 ences, ...... 217, 218 to revise, . ... £i 10s. paid to John Waite for writing one Liberty, civil, &c., covenant for, ... 61 book of, and finding paper for both Licenses to sell wine, &c., regulations concern- 172 books, ...... 227 ing, 171, Mr. Rawson and Mr. Hill appointed to See Wine. Courts, . . . 188 compare copies of, . 230 Licenses transferred to County 13, 267 copy ol", sent for for the use of Court, . . 239 Line, Thomas, committee appointed to correct proof sheets deputy, 96 of the Digest of, 246 Thomas, Jun., 256 former, in force, to be recorded by the sec- Linen, &c., measures taken to secure diligence retary, and transcribed by the clerk of in making, ^ Loyal. the deputies, . 260 Lisle, surgeon, see printed, price of; members of the General Litigation, discouragement of, 3 84 Court to have each a copy free, . . 262 London, 1 320 GENERAL INDEX. Long Island, 23 Magistrates, choice of, by a nominating com- Long, Robert, 201, 277 mittee, to meet at Salem, 21 Mr., [Robert,] innkeeper, licensed, . . . 173 nominating committee to meet in March, 31 Lord, Robert, 4 order of 1640, concerning choice of, re- Lord's day, fine for discharge of cannon on, by vived ; deputies to nominate, ... 37 a master of a Dutch ship, abated, . . 258 order concerning nomination by the Gen- Lord's days, public fast days, and days of eral Court repealed ; towns to ballot thanksgiving, fine for not attending for candidates, 87 public worship on, 177, 178 to sit in a separate house, 58 Loreing, chosen constable of Hull, .... 182 powers and duties of, construed by el- Lothrop, see Lathrop. ders, 90 Lovell's Island granted to Charlestown, reserv- same confirmed by law, 95 ing one half the wood for the Castle, 263 to collect tribute due, 28 Lowell, Lowle, John, commissioner at New- jurisdiction of, under license law, . . . 100 bury, 98, 191 not to be asked concerning oases which deputy, . . 54 they may afterwards try, 279 deceased, 198, 254 exemption of £500 estate from taxation, 101, Mr., 275 218 Low water mark, proprietors of land to own expenses for diet of, 227 land to, 284 exempted from all taxes, except for the Loyal, Lisle, Mr., surgeon to the expedition support of the ministry, . . . 239, 240 against the Narragansetts, . . . .123 See Assistants, and Court, General. case ordered to be made for, 124 Major general, see Military affairs. Lug, John, 198 Maiden, incorporated as a town, 274 Lusher, Eleazar, 28, 60, 52, 62 Malicious prosecutions and vexatious suits, captain for Dedham, 257 punished by fine, &c., 181 deputy, 146 Manatacut, 40 [Eleazar,] deputy, 55 Manchester, 225 Luther, widow, merchants to be paid for the re- formerly called Jeffrey's Creek, .... 109 demption of her son ; she to have the earl of, 123 rest of her husband's wages, . . .160 Manning, John, 231, 232 Lying, punishment of, 104 Mr., 149 Lynn, 8, 10, 26, 30, 38, 73, 74, 89, 97, 112, 153, 163, Manstealing reprobated, 168 173, 225, 241 Marblehead, 173 taxes of, 14 allowed to have a constable from Salem, . 57 report of committee on boundaries of, . . 7 authorized to fortify ; 2 guns granted to, . 60 30 saker shot granted to, 70 admonished to improve in military dis- to be considered of in the next assessment cipline, 67 of taxes, 102 petition of, concerning use of harbors, and Salem military company, . . . .110 wood for drying fish, &c., 147 authorized to choose a person to draw wine, 148 erected into a town, by consent of Salem, 266 to established at, . . weekly market be .164 Mares, exportation of, prohibited, 280 to be aided in maintaining a bridge, . . 227 Marie, Monsieur, 157 bridge, accident from deficiency of, . . . 252 Marriage, proposals for, punished, when made 30s. per annum allowed towards, . . . 256 without consent of parents, .... 207 petition of, concerning taxes, 260 Married persons, living apart, law concerning, 211 village, 38 Marsh, Thomas, land granted to, 136 committee appointed to fix boundaries of, 1 Marshal, allowed to go to Connecticut, ... 3 to be called Reading, 73 directed to collect fees for entiy of ac- Madsley, Henry, 128 tions, 44 Mackerel Cove, inhabitants of, free from watch- authorized to demand anchorage and ton- ing, at Salem, 200 nage duties from ships, 107 Magistrates, and other officers, oaths of, bind- directed to make collections on warrants ing only while residents within the within two months, 134 colony, 4 oath of, 199 GENEBAL INDEX. 321 Marshal, duties of, in collection of debts, . . 204 Mellows, Edward, clerk of the writs at Charles- salary of, reduced to £10; fees according town, 148 to order, 30 Merrick, John, commissioner for Hmgham, . .157 authorized to charge travel, when fees do Merrimack River, 17 159 not pay expenses, I7i Merry, Walter, to appear and answer for Cap- to be allowed 5 per cent, for collection of tain Smith, 216 fines, 194 Metcalf, see Medcalfe. to be .sworn, before receiving percentage Michell, Thomas, deputy, 23S of fines, 215 Michelson, Edward, 76 Marshall, Thomas, 54, 68 40s. remitted to, 80 Sergeant, 165, 192, 259 Middlesex county, . . 50, 88, 109, 128, 141, 214 Martin, George, petition of, in relation to his includes Charlestown, Cambridge, Water- wife, 241 town, Sudbury, Concord, Woburn, Robert, 30, 40 Medford, and Lynn village, [Reading,] 38 Marvill, Thomas, having sold a gun to Indi- military company chartered, Ill ans, ignorantly, and having informed Courts, 227 of himself, his fine is remitted, . . 215 held 1st Tuesdays of April and Oi-tobcr, 2X4 Mary. ship, owned by Mr. Brown, of Bristol, Mileham, Milam, John, . . 79, 9S, 250 seizure of, 113, 121 Military affairs : Governor, council, and mili- Masconamet, ...... 55 tary officers, to meet once a year, . 42 Mason, Hugh, commissioner for small causes, the county lieutenant to meet with cap- at Watertown, 34, 98 tains of companies, . . . . 42 deputy, 66 a person to be appointed to exercise the Lieutenant, [Hugh,] . .111, 134, 139, 209 troops in each town, 45 appointed lieutenant in Watertown, in sergeant major general and sergeant ma- place of Bartlett, 98 jors, order concerning choice of, . . 49 deputy, 96 sergeant majors chosen annually, ... 62 officers , deputy, 55 order authorizing chief to punish Massye, JefTry, 36 delinquents continued in force, . . 72 general's Mather, Madder, Mr., [Richard,] . . . 109, 200 sergeant major commission and desired to prepare himself to preach elec- powers, 76 tion sermon, 62 sergeant major general to have a commis- election sermon of, to be printed, ... 71 sion like the former, 98 Mathew, Dearmont, 20 sergeant majors to be chosen by each regi- '1 ment powers and duties laid down ; ) Mathews, Mr., formerly of Hull, refused per- ; mission to return thither, 276 clerk of the band, duties of, concern- Mattuck, James, 250 ing inspection of arms, fines, &c., . . 117 Maverick, Antipas, 199 all freemen allowed to vote for officers of 191 Moses, 6, 8 the train bands, Mr., 32, 54, 149 order concerning days of training, . . 221 family of major general exempt from pub- Mayhew, Mayhewe, Thomas, . . . 41,79,114 194 deputy, 33, 55, 66 lic training, 82 Mr., [Thomas,] 73, 139 sergeants to be paid 18d. a day, .... authorized to employ sol- £3 granted to, for loss in corn, .... 51 major general diers one or two of the eight days upon land granted to, . 51 in Boston. . . . 267 300 acres of land, located for, ... 76 the fortification Meakins, Mekins, Thomas, 128 directed to apply to the council for au- thority to convene the two regiments, 267 deputy, . 66 authorized to publish military orders to Meantouorao, messenger sent to, . . . .23 whenever gathered in the a coat and tobacco granted to, 27 the army 267 Mechanics, compellable to aid farmers in har- field, from training are yet to vest, 180 peraons exempt 31 appear twice a year for exercise, . Medcalfe, Meadcalfe, Joseph, . . .33, 66, 96 marching to and from train- Medford, 38, 112, 225 time used in ings to be deducted from the 8 days, 216 . .14 ta.ves of, . .... VOL. II. 41 322 GENERAL INDEX. ' Military affairs : soldiers to be provided with Ministers, or preached word, persons reproach- arms in exchange for produce; if des- ing, to be fined, ...... 179 titute and under 30, may be bound to towns authorized to buy or build houses service to earn and pay for arms, . . 221 for, 217 list of avocations exempt from training, . .221" Minors from England, credit not to be granted the three regiments to assemble in alter- to, 217 nate years ; and each regiment to be Mischeweese, an Indian, 23 allowed £20 for expenses, . . . .256 Missionaries to Indians, ... 84, 134, 178, 189 children above ten years of age, to be See Indians. educated to the use of bows, small Mistiok, inhabitants of, incorporated as Maiden, 274 guns, &c., 99 bridge, to be repaired, 51 the colony put into a state of defence to be viewed and repaired, 149 against attacks from Indians ; arrange- committee appointed to view, .... 227 ments for alarms, division of powder, voted to be maintained at the public repairing of arms, and increased rigor charge. 238 of discipline, 24, 25, 28, 29' charge of maintaining declared not to officers to direct in each town the carry- rest upon the commonwealth, . . . 262 267 ing of arms to public places, &c., . . 38 farm, committee appointed to put the country in side, petition of settlers on, 256 a posture of defence, 39 Mogered, Mrs. Do : 10 organization of forces in case of sudden Mohegen, Mohegone, sachem, 137 attack; arrangement of signals, ren- men sent to aid, 122 dezvous, &c., 42 Mohegens, 46 watch, directions for, 120 More, John, 53, 80 preparations made by watches, scouts, &c., Mores, Edmund, settlement of affairs with heirs against an attack from the Indians, . 121 of John Lowle, 254 proceedings in case of apprehended at- Mores, [negroes,] petition of Mr. Blackleach tack 223 concerning, 67 regulation of watches, alarms, beacons, committee concerning, 196 &c., 223 See Smith, Captain James. disorderly soldiers to be punished by three Morrell, Goodman, petition of, referred to a chief officers, 223 committee, 31 expedition against the Narragansetts, im- Morris, Lieutenant 44 pressment of men, horses, &c., for, . 123 Moulton, Thomas, 274 commissioners appointed to make pro- Mourton, Thomas, 90 vision for, 124 Mousall, John, commissioner for Woburn, . . 35 list of provisions for, 124 Mannings, Munings, George, . . . . 163, 184 pay voted to the expedition in aid of Uncas, 137 salary as prison keeper granted to ; ex- companies chartered, Salem and Lynn, 110 empted from executing sentences upon Ipswich, Newbury and Rowley, . .111 criminals, 148 Middlesex, Ill Nantasket, Nantascot, 38 Millard George, set free on petition of his mas- report of committee appointed to allot ter, 32 lands in, 5, 8 Miller, Robert, released upon recognizance, . 163 grant to, confirmed, 46 Thomas, licensed as wineseller at Rowley, 187, to be called Hull, 74 188 Narragansetts, Navigansets, 46, 72, 139, 149, 151, Mills, engines of, to go by water, patented to 161 Joseph Jenkes, 149 letter sent to, commanding an end of the Mills, , 139 war upon Uncas, 117 Mines, to belong to the proprietors of the land, expedition against, 122, 123 wherein they are found, paying only See Indians, and United Colonies. what the patent requires, 242 Nashaway, Nashawake, 225 Ministers, to be recommended by magistrates allowed to be settled by Nathaniel Nor- to Virginia, if will churches consent to cross and others, . .... 75 their departure, 27 committee appointed to allot land at, . 136 GENERAL INDEX. 323 General Court refuses to allow set- Nashaway, New Haven, proposal to. for union against tlie tlement at, to be given up, 212 .... Indians, 31, 35, 36, 38 Nash[away], 76 See United Colonies. Nashowanon, voluntarily submits himself to share of agent's expenses, 165 government, &c., of the Massachu- excise and impost levied on goods, &o., of, 269 setts, 55 New Providence, see Providence. Neale, Henry, 271 Niantic, 23 Captain, 72 Nororosse, Norcrose, Nathaniel, 75 Negro interpreter to be sent back to Guinea, . 168 Mr., 39 Negroes, petition concerning, by Mr. Black- Norfolk county, 49, 50, 88, 141, 176 leach, 67 includes Salisbury, Hampton, Haverhill, stolen from Africa by Captain Smith to be Exeter, Dover, and Strawberry Bank, 38 sent home, 136 magistrates of, authorized to agree con- Captain Smith and Mr. Kezar arrested for cerning holding Court for; to train 8 killing and stealing, 176 times in a year, at pleasure, .... 226 committee appointed concerning, continued Court to be held at Salisbury and Hamp- in office, 196 ton, 227, 266 Negus, Jonathan, real estate of John Lug grant- commissioners appointed to hold, . . 242 ed to, 198 Salisbury the shire town of, 284 Neipnett, 11 Norrice, Mr., . . 200 Nelson, Thomas, deceased, 274 Northam, [Dover,] 30, 57, 225 Mr., [Thomas,] appointed to marry persons inhabitants of, granted the usual liberties 32 at Rowley, 47 of towns, .... deceased, Messrs. Bellingham and Dum- Northin, Ezekiel, 266 277 mer e.xecutors, 272 Norton, Francis, 60, 124, Charlestown, . . . . 166 'Mr. Dummer required to show authori- lieutenant for Lieutenant, [Francis,] . . 196—198, 239 ty for selling land of, 273 deputy, 186 Captain Bridges, &o., appointed a, com- George, 4 mittee to receive Mr. Dunmier's ac- commissioner for Gloucester, 35 count of the estate of, 283 ... drill officer for, 67 Neponset, Naponset, bridge, to be viewed, . . 20 33 deputy, . 22, ferry granted to John Glover, 244 200, 230 Newberry, Benjamin, 139 Mr., [John,] 109, 139 artillery sermon to be printed, with con- Joseph, . . • sent of, . . 71 Newbury, 14, 26, 28, 30,38, 73,89, 98,111, 112,148, deputy, .55 166, 173, 191, 194, 198, 215, 225, 258, 266, 283 Notary public, William Aspinwall appointed, 86 209 ^^ oath of, taxes of, Nowell, Increase, 13, 20, 21, 22, 27, 31, 50, 54, 59, two snaphance muskets granted to, . . . 73 74, 83, 88, 96, 109, 139, 144, 145, 162, 171, military company of, m 176, 186, 233, 234, 271, 286. letter to be written from the General Court a 265 1^6 chosen Assistant, 33, 66, 97, 146, 187, 238, to elders of, &c., secretary, ... 66, 97, 146, 187, 238, 265 a new election of captain of, ordered on Noyes, Noyce, Noyse, Peter, . . . . 76,89,114 account of difTerence between par- commissioner at Sudbury, 35, 99 ties, •..• •2"° marry at Sudbury, . . 245 make new choice of mihtary appointed to directed to 13 274 Mr., officers, 272 283 Nutter, Hate-evill, granted to, . . two fifths of Plum Island "5 266, 276 Cakes, Edward, and Salisbury ferry, . . . 246, 265, Oath of officers to be binding only while resi- comers, the Court votes not to alter or ex- New colony, 4 l^' dents in the plain law concerning, • • • Court, . 9 240 of members of the General . 7, Nathaniel, Newgate, of office to be 2^ Officer doing injury under color Mr., 204 proceeded against upon information, . 24, 156, 284 New Haven, 188,228,239 Oliver, James, to, 60 a copy of our patent granted . • 1 324 GENERAL INDEX. 53 Oliver, Joane, .... 11 Parris, Thomas, surgeon, 80 John, 75, 275, 282 Mr., deceased, intestate, order concerning to be reimbursed £12 15s. paid to a Por- 79 estate of, on petition of Joane, his wife, 1 tuguese ship, order concerning settlement of estate of, 164 Parrot, Parote, Francis, commissioner at Row- Maiy, 282 ley, 242 wife of Thomas, 258, 283 deputy, 22 Thomas, 258 Parsonage houses, towns authorized to pur- Mr., 50 chase, and minister and successors paid for surgical treatment of the son of to hold, 217 Pessicus, 185, 195 Partridg, Captain, 283 One, Thomas, 47 Partridge, John, 283 258 Orchards, robbing of, '.180 Pascataqua, . 16, 37, 51, 58, 61, 129, 136, 170, Orders of the General Court to be published to free inhabitants of, to be freemen in their the several towns, 89 towns, although not church mem- publication of, see Laws and orders, also bers, 29 Court, General, orders of. petition of inhabitants of, concerning juris- Osgood, John, 192, 208, 271 diction, &c., 175 Otely, Adam, petition of, not granted, .... 76 associates at, authorized to try causes of Mr., 58 £20, 31 Owen, Thomas, 21 2 Courts to be held at Dover for, .... 153 Page, John, 164 2 Courts held yearly, for, 37 Paine, Moses, .... 40 Court, 5, 37, 74, 120, 153, 193, 219 Robert, 48 See Norfolk Courts. deputy, 186, 238, 265 Passaconnaway, ... 23, 24 William, 32, 43, 48, 138, 147 to be satisfied for the seizure of his wife plaintiff against Francis Champernoone, and child, 27 in an appeal; judgment for the plain- his two sons admitted under our juris- tiff, 241 diction, after subscribing to the ar- Painter, Gawen, and James Lake, petitioners, ticles, 73 concerning the ship Gilbert, . . . .218 Patent of the colony, answers by elders con- allowed to try an action against Robert cerning construction of, as to powers Saltonstall, 226 of magistrates in General Court, and Palmer, Abraham, 68 during recess, as to powers of dep- Henry, commissioner for Haverhill, . . .192 uties, and as to penalties for offences, 90) John, land of Thomas Nelson, deceased, 96 bought by, 273 for invention, granted to Joseph Jenkes, . 149 Ensign, 209 Patu.xet, 40 clerk of the writs at Charlestown, ... 83 Peag, see Wampum. Paquatuck, 241 Pease, Luce, dismissed upon renouncing Gor- Parents, striking of, to be punished with death, 179 ton's opinions, 50 Parker, James, deputy, 23, 33 Peck, Joseph, deputy, 23 Richard, 163, 184, 256 Mr., 13, 114 land at Dedham village granted to, . . 283 Pedock's Island, 5, 6, 8 Mr., ...... 7, 10, 13, 20, 28, 46 Peirce, Thomas, 29 Parks, Parke, Parkes, Edward, land to be lo- Pelham, Pelhame, Herbert, 89, 96, 99, 109, 128, cated for, 209 138, 140, 145, 162 William, 6, 8, 54, 109, 134, 136, 160, 166, 181, chosen Assistant, . . .97, 146, 187, 238, 265 184, 189, 192, 200, 227, 256 chosen commissioner for the United Col- deputy, .... 66, 96, 145, 186, 238, 264 onies, ...... 146 Parliament, law against persons drawing a 400 acres of land granted to ; also 400 party, under pretence of being for the acres for heirs of Mr. Walgrave, . 256 king, &o., against, 69 Mr., [Herbert,] to be reimbursed £5, . . 140 petition to, 121 William, appointed captain, 124 Parly Meadow, 75 commissioner at Sudbury, 147 GENERAL INDEX. 325 Pelham, Captain, [William,] 139 Phillip.9, Mr., 52 deputy, jgg Mrs., to transfer £100 to the grandchildren Pendleton, Bryan, Brian, 20O of Richard Sergeant, 80 deputy, 238 petition of, answered, concerning Mr., [Brian,] satis- xgg, 227 faction of judgment given to widow deputy, 186 Howe, 102 Penn, James, . . 244, 253, 273, 277, 280, 282, 288 Sergeant, 30 allowed to draw wine, as long as he en- Philpot, Thomas, ... 2 16 tertains the General Court, .... 98 sale of house of, 200 appointed to collect dues from fur traders, Physicians, surgeons, fee, forbidden to try entry of actions and fines, . . . .117 unusual, dangerous, or cruel e.vper- to be paid his claim, 140 iments, without advice, &c 278 innkeeper, licensed, ...... 173 Pike, Robert, commissioner at Salisbury, 73, 97 190 gratuities to servants of, . . , 139, 175 161, Lieutenant, .... 231 deputy, 238, 264 deputy. . . 265 Penniman, James, commissioner for Braiutree, 35 [Robert,] deputy, 238 Penobscot, 158^ 159 Pilgrim. Mr., master of the ship Gillyflower, Pentucket, 38 vote deferred on his demand for freight Pequot, John Winthrop, Jun., authorized to es- and wages, 83 tablish a plantation at, 71 judg-ment for wages of ship's company, land, 3000 acres granted to John Win- confessed by Captain John Bayly, . . 83 throp, Jun., 241 directed to send in an invoice of the goods Pequots, willing to remove, to be furnished laden at London, with the names of with other lands, 160 the consignees here, 84 Perados, Emanuel, 273 lien claimed by, upon freight of the Gilly- Perambulation of town boundaries, .... 210 flower, disallowed by major vote ; but Perkins, William, commissioner for Wey- said vote was stopped by a negative mouth, 73, 97 vote of the deputies, 90 400 acres of land to, granted in Roxburj', . 98 Pinnion, Elizabeth, 243 deputy, 66 Pipe staves, inspection of, 169 Captain, 184 Pirates, Turkish, Captain Thomas Bredcake Pessious, 195, 199 authorized to cruise for, 83 Treasurer to pay iVIrs. Davies for: board of Piscataqua, see Pascataqua. the son of, 185 Planter, ship, account of voyage of, to Madeira, William Arnold or Benedict Arnold to buy settled, 247, 248 100 bushels of corn from, 198 Pleading, see Actions at law. Mr. Arnold sent to demand wampum from, 231 Plum Island, granted two fifths to Ipswich, Peter, Peters, Thomas, appointed to assist John two fifths to Newbury, and one fifth Winthrop, Jun., concerning Pequots, . 161 to Rowley, 283 Mr., [Hugh,! 41 Plumbago, hill containing, granted to • John agent of the colony, desired by the Gen- Winthrop, Jun., 82 eral Court to return, 137 Plumer, Samuel, allowed to take 2d. each pas- to pay £50 to the college, 205 senger, for ferriage, 283 Petitions, rules for presentation of, . . . 20, 165 Plymouth, 24, 156, 284 Haven, committee fees imposed upon the presentation of, . .261 Connecticut and New to treat with commissioners Pettet, Thomas, military officer for Exeter, . .188 appointed Phillips, Philips, Elizabeth, 80 from, for union against the Indians, . 31 Henry, ensign for Dedham, 258 new committee appointed, 35 John, 272 and other colonies, the General Court con- articles of confederation with, 36 Nicholas, commissioner for Weymouth, . 35 sents to Samuel, 80 committee to treat with, for union, en- 38 referred to the Quarter Court for main- larged, Colonies of New tenance, 115 union of, &c., see United William, 242, 258, 277 England, claim to Seekonk, 68 gratuities to servants of, . . 218, 263, 276 326 GENERAL INDEX. Plymouth, desired to bear a proportion of the Prince, John, 5 expenses of the agent at London, . .165 Prison, £10 granted for repairs of, 184 duties levied on all goods passing through ordered to be repaired, 230 this colony to and from, 269 10 per cent, offered for money for repairs of, 280 Pocock, Mr., 21 expenses of repairs to be paid, .... 288 to be paid by Captain Stoughton, ... 82 Prison keeper, George Munnings, fees granted to, 148 letter of thanks to, 138 to be fined for demanding fees from per- measures to be taken for payment of, . . 262 sons bringing prisoners, 182 Polls, towns ordered to make return of all be- two men allowed as guard for, . . . .195 tween 16 and 60, 37,151,174 Privateer, commission for, granted to Captain Pomfret, Willi, 30 Hawkins, 79 commissioner at Dover, 45 Probate and administration : proposals for uni- lieutenant, 166 formity in United Colonies, .... 268 Pond, Mary and William, petition of, concern- Proctor, John, exempt from training, .... 52 ing settlement of estate, 246 Profanity, 178 William, 246 Prosecution, malicious, 181 Pont , 132 Providence, 45, 68, 228 Pope, or see of Rome, no Jesuits, or spiritual letter written to Adam Goodwin, &c., of, . 47 or ecclesiastical persons ordained by cattle sent for, from, 48 the authority of, allovred to come with- Pumhome, Benedict Arnold is desired to buy in this jurisdiction, 193 land from, 129 Port and harbor regulations : order from the arrangements for procuring corn for, 198, 240 House of Commons concerning duties, 34 commissioners appointed to examine, con- order concerning collection of wine tariff, . 106 cerning his petition, 263 trading ships to have free access and and Sachanonocho, sachems : a committee egress upon payment of duties, . . .109 appointed to treat with, 38 anchorage dues collected by the marshal, 107 acknowledge jurisdiction, desire protec- . collected by captain of the Castle, . . 131 tion, &c., ! . 40 new order concerning rate on foreign ships, 131 powder and fowling pieces supplied to, . 48 fees established for wharfage of goods, . . 170 to be defended against the hostile Narra- wharfage rates referred to a committee, . 205 gansetts, 72 watch to be kept while many ships are in committee appointed concerning 10 men the harbor, 273 to aid, 74 importation wines, . . order concerning of 246 petition for aid against intruding Indians, . 112 Porter, John, deputy, 66 settlement near, by Stephen Kingsley and Portugal, 169 others, 128 Portuguese ship, 79, 80 Putman, Thomas, appointed commissioner for Posse comitatus, may be summoned by consta- Lynn, 97, 153 bles, 151 Pynchon, Pinchon, Pinchen, William, 96, 139, 161, fine for refusing to serve in aid of, . . . 182 224 Potter, Nicholas, 163 chosen Assistant, 33, 66, 97, 146, 187, 238, 265 Robert, adherent of Samuel Gorton, ... 52 appointed to pay according to the order Powell, Micha, licensed to keep ordinary at concerning the beaver trade, ... 31 Dedham, 147 to pay for his beaver trade to the time of deputy, 238 running the line, 44 Pow^er, Nicholas, 54 new commission given to, for Springfield, 41 Press, for the safety of the records, 208 and others to hold Court at Springfield, . 109 Prichard, Hugh, 41, 50, 74 authorized to admit freemen at Springfield, 224 freed from military duty, 149 Quarantine established for vessels from the deputy, 33, 66, 264 West Indies, 237 Mr., [Hugh,] 39, 109, 128 for West India ships, ended, 280 stock in hands of, to be laid out for powder, 78 Quelues, Robert, 128 confirmed as captain in Roxbury, . . .192 Rainbow, ship, 129 Mr., deputy, . . 97 conmiittee appointed to invoice and store Prichet, Mr., [Prichard,] 70 goods, sails, &c., of, 98 1 GENERAL INDEX. 327 Rainbow, ship, part of the cargo of, delivered Registration of births, marriages, and deaths, to consignees, . . 99 fines imposed for neglecting to give settlement of case between Captain Smith information for the, 59 and others concerning cargo, negroes, Religion and civil liberty, covenant for matters &c., 129 of) 61 Rainsborow, William, to be paid £100 on his Remington, John, 1 n petition, 80 lieutenant for Rowley, 187 Mr., [William,] Treasurer to pay the claim Revenue, collector of customs appointed, . 284 of, 62 See Wines. to be paid by Captain Stoughton, ... 82 Reyner, Humphrey, deputy, 265 Colonel, . . . 236 Rhode Island, commissioners sent to, concern- Ram Island, 265 ing wrongs done to Indians at Shawo- granted to George Carr, 265 met, 228 Rape, punishment of, ... 21 Rice, Rise, Edmund, 52, 114, 216 Rashly, Henry, 248 commissioner at Sudbury, .... 147, 245 Rawson, Edward, 141, 147, 171, 203, 230, 271, 272 deputy, 33 rent due for wine, hired to farm, by, . . 87 Richards, Thomas, referred to the Court of As- the collector of wine duties, allowed 25 per sistants, 90 cent., 150 Richardson, Ezekiel, 36 commissioner at Newbury, 148 commissioner for Woburn, .... .35 appointed to marry at, .... 166 George, action concerning the Dartmouth appointed to transcribe and sign all bills ship, .79 in a book, . . 167 former order concerning, not reversed, 82 20 marks granted to, . . . .167 John, marriage of, with Elizabeth Frier, land in the Pequot territory granted to, . . 241 annulled upon proof of a former wife £5 granted to, also 500 acres of land, . .261 living, .86 having relinquished the 500 acres of land, William, 4 is allowed £30, 283 Richbell, John, 248 to pay £5 towards a barrel of powder deliv- Rix dollar, value of, 20, 29 ered to him, 270 Roads in towns, selectmen to lay out, . . 4 deputy, 22, 66, 96, 146, 238, 265 See Highways. Mr., 13, 15, 27, 28 Robber, burglar, &c., homicide of, justifiable in deputy, 186 defence of life against, 212 Raynowet, sagamore, fined and admonished Robbery, &c., to be punished at the pleasure 22 for consenting to the Narragansetts, . 139 of the Court, to, Reading, 192,225,241 Roger, Indian, of Andover, reservation . .159 230 formerly called Lynn village, ... .73 Rogers, Ezekiel, • • Nathaniel, 109, 230 and Woburn, division of lands of, . . 75 [Nathaniel,] 20, 184, 200 • 271 Mr., and Winnisimmet highway, . . 256, concerning land set- . Roote, Ralph, petition Reals, pieces of 8, value of, . . . ^ . . 20 daughter Sara, . . 283 Record of births and deaths, to be made by the tled upon his 283 clerk of the writs ; marriages to be Sara, • 120 -^—— . . made by those solemnizing the same, 15 "Pq^q La, 87, 89, 112, 187, Recorder, William Aspinwall chosen pro tern., 84 Rowley, 14, 26, 30, 38, 46, 47, 52, 188, 215, 225, 242 Records of the colony, an oak press to be of, ...... 14 made for safe keeping of, 208 taxes military company of, 1 1 of Courts, &c., oak presses to be made for 283 to, . one fifth of Plum Island granted . safe keeping of, 208 Roxbury, 26, 30, 31, 38, 46, 52, 98, 112, 116, 130, separate, by secretary for magistrates, and 226, 259 140, 149, 163, 173, 192, 215, 218, 225, by clerk for deputies, . • 153 255, 256. Richard, • • ... Redman, 14 of, • ... Indians, 166 taxes to pay for his ransom from the . and others 238 inhabitants of, Eleazar Lusher Reede, Ezdras, deputy, .... land of, . 50 67 appointed to lay out Reeves, Thomas, . , . 70 twenty saker shot granted to, Registrar, or Register, see Recorder. 328 GENERAL INDEX. Roxbury, committee appointed to lay out high- Salem, consents to the incorporation of Mar- way through, 115 blehead, 266 William Dennison authorized to impress Court, 73, 103 men to repair a bridge in, 198 associates of, appointed, . .14, 35, 68, 276 Ruck, Mr., allowed £5 15s. for care of a com- Salisbury, 26, 30, 35, 38, 73, 75, 79, 89,97, 111, 112, mittee which met at Salem, .... 51 173, 190, 194, 225, 229, 246, 254 14 payment of, 83 taxes of, . Russe, John, order concerning ferriage of ma- committee appointed to visit, concerning gistrates to Dover by, 102 founding a new church at, . . . .147 Russell, Russel, John, clerk of the writs at Cam- highway from Dover, 150 bridge, 98 island in Merrimack granted to ; town au- Richard, ... 89, 164, 239, 244, 260, 276 thorized to keep a ferry on its side, . 246 chosen Treasurer, . 97, 146, 187, 239, 265 and Newbury ferry, to be kept by George deputy, 33, 145, 238 Carr and Mr. Coffin, .... 265, 266 Mr., 45, 113, 149 ferry, to remain as granted till next Court Mr., [Richard,] chosen to fill place of held at Salisbury, 276 the Treasurer till next election, ... 83 Norfolk County Court, to be held at, . . 227 petition of, concerning ship Gilbert, . .113 to be the shire town of Norfolk, .... 284 Rust, Henry, recorder of births, 114 Courts, 242, 266, 276 Ryalls, see Reals. Salt, manufacture of, a public work under the Sabbath, see Lord's day. price fixed, . 229 care of Mr. Winthrop ; Sacononoco, ( Socononocho,) and Pumhome, Saltonstall, Sir Richard, 76, 83, 89, 132, 133, 152, powder and guns granted to, . . . . 48 165, 189, 201, 202 committee to treat with, 38 judged to own the land which he has jurisdiction acknowledged by, .... 40 mowed for 4 years, 80 supplied with powder, 48 See Saltonstall, Robert. to be defended, 72 Richard, 22, 28, 40, 58, 65, 67, 69, 72, 74, 96, petition of, 112 109, 138, 139, 161, 165, 182, 241, 263, 272, See Pumhome. 283. Sadler, Richard, 68 discharged from censure in relation to Mr., 38 a book written by him concerning the Sagamore of Agawam allowed to have his gun Standing Council, 5 mended, 163 chosen Assistant, 33, 66, 97, 146, 187, 238, 265 St. Aubin, , 120 commissioner to hold Court at Piscat- Salary of auditor, 141 aqua, 74, 153, 219 of Governor, 53, 67, 165, 194, 239 and others, chartered as a trading com- of prison keeper, 148 pany, . 138 of secretary and of clerk of deputies, . . 260 executor, his account of estate of John Salem, 8, 10, 21, 26, 30, 38, 49, 50—53, 57, 79, 82, Dillingham, 144 89, 112, 133, 140, 146, 147, 157, 170, 173, Mr., [Richard,] 23, 50 225, 228, 229, 236, 252, 266. petition of, referred to Messrs. Nowell taxes of, 14 and Tyng, 20 and Ipswich, agreement concerning bound- allowed to depart on account of his aries between, 35 wife's illness, 35 discharged of payment for 2 barrels of fined for absence from the General Court powder, 46 remitted, 263 and Ipswich, land settled by inhabitants Robert, 113, 207, 218. 226 of, granted to inhabitants of Ipswich, 48 tax for his brother respited, 27 to be the shire town of Essex, .... 83 petition for payment of claims not and Lynn, military company of, chartered, 110 granted, 32 to provide 2 drums, 115 allowed to take 2 sakers from the public is granted 2 barrels of powder, .... 152 stock, 51 allowed to remove highway and landing petition against Watertown, 59 from the head of Bass River to Dra- and Watertown, commissioners con- per's Point, . . 265 cerning dispute of, desired to report, 76 GENERAL INDEX. 329 Saltonstall, Robert, fineil for presenting a peti- Saybrook, Seabrook, Fort, remonstrance of tion on a small piece of the paper, ... 76 General Court against the payment of judgment concerning title to land of Sir customs for maintenance Richard, of, . 269 in Watertown, §0 Scarborow, Mary, allowed to sell real estate in suit with Watertown; exceptions upon conditions, overruled, 165 gg Scholars, churches are desired to support, to petition for explanation of order con- increase the ministry, , cerning meadows 167 in Watertown, . 99 Schools ordered to be established ; grammar 3200 acres of land granted to, in right of schools in towns of 100 household- his father. . 132 ers, 203 £91 paid to, for money advanced by his Soot, John, 2455 father, 132 Scottaway, Joshua, 137 ordered to pay his fine, 132 Scriptures, learning encouraged to promote balance due on account of Sir Richard the knowledge of, 203 to be paid to, Scut, 133 William, 54 and John Humphrey, committee ap- Seacunck, 68 pointed to examine accounts b'etween, 138 Seawall, see Sewall. suit concerning Mr. Wannerton's house, 150, Secretary chosen, Increase Nowell, 66,97, 146, 187, 168 238, 265 land granted to, as part of that granted duties of, 142 to his father, 152 Edward Rawson appointed to aid in tran- transfer of Sir Richard's land by, . . .189 scription of laws, &c., 171 granted a trial new against Watertown, 192 £5 granted to, &c., i85 for Sir Richard, against Watertown, fees of, to be increased for his better en- cause settled by arbitration, .... 201 couragement, 185 fined and ordered to make restitution committee appointed to assist, concerning concerning Wannerton's house, . 231, 232 revision and entry of orders, . . . . 196 trial with Dexter postponed, .... 230 instructions to, concerning records, jour- allowed to bring suit for his lands at nals, and papers, 259, 260 Dover, 258 to be allowed 20 marks, 260 having petitioned for land, the General proposal that the General Court may Court desires him to find a loca- choose, 285 tion, 274 Sedgwick, Robert, 60, 68, 276 granted a new trial concerning indem- deputy, 22, 33, 55, 66, 238, 264 nity paid by him to Selliok, on ac- Captain, [Robert.] 27, 31, 36, 39 count of sale of Wannerton's house, . 274 importation of goods by, 27 allowed to bring suit for property in profit on goods to be divided between land at Swampscot and Piscataqua, . 282 the college and, 28 Samuel, 202 stock in hands of, delivered to Captain Saltpetre, towns ordered to take measures for Stoughton, to be expended for needful manufacture of, 17 articles, ...... 31 further order concerning manufacture of, . 29 fined for absence from Court, . . .41 committee appointed in each town to Major, [Robert,] 74, 83, 104, 116, 239, 256, 260 enforce the order, 30 purchaser of bread. 83 Sanden, Arthur, licensed to draw wine at Mar- intrusted with conservation of the peace blehead, 135 in Charlestown, 116 Sanford, Samford, Mr., efforts to liberate cap- Seekonk, claimed to be within the jurisdiction tive children of, 52 of the Massachusetts colony, ... 68 Saunders, Sanders, Charles, on petition of, Seely, John, 199 appraisers appointed upon the wreck Selected townsmen, authorized to lay out cer- to give a certificate for the owners in tain highways,. 4 England, 274 to exercise control over children in matters of industry, education, and religion, . 6, 9 John, . . . . 13, 42, 44, 65, 79, 275, 276 authorized to determine causes where the commissioner at Salisbury, . . . . 35, 73 162 Martin, 30, 40 magistrate is interested, . VOL. II. 42 330 GENEKAL INDEX. Selectmen, to receive warrants for taxes from, . 225 Shode, Daniel, 128 Sellick, David, . 115, 129, 207, 231, 232, 258, 274 Shoemakers, not to be also tanners, .... 18 Selwith, what it is, and its value to be brought of Boston, incorporated, 249 in by Mr. Allen's executors, .... 164 Shoes, inspection of, 31 Sentinels and watch, regulations concerning, 28, 29 Shore, Sampson, 160 See Watch. Short, Shorte, Henry, commissioner at Newbu- Sergeant major, see Military affairs. ry, 73, 148, 191 Sergent, Richard, 80 deputy, 54 Servants, embezzlement by, 180 Shovelboard, persona forbidden to play the Sevvall, Seawall, Mr., 67, 75 game of, at inns, 1 95 sent for upon petition of Mr. Dummer, . . 184 Shurt, Abraham, 168, 231 Sharpe, Abigail, married to Thomas Jeggels, . 198 Mr., 150 Mr., 22 Simkins, Mr., 141 Shawomet, commissioners appointed to redress Skeppar, Theophilus, order forbidding sale of grievances at, 227, 228 an estate mortgaged to, 183 Shawomock, 40 Skins, see Furs. Shawshin reported barren by committee ap- Slave stole*from Africa to be returned at the pointed to view, 10 expense of the colony, 168 River land upon, granted to Cambridge, . 17 Smith, Smyth, Francis, . . 98, 164, 192, 240, 271 river at, to be called Shawshin River, . . 76 allowed to sell wine at Reading, .... 241 Sheath, Sheafe, Jacob, and Margaret Webb, George, .... 253 permitted to join in marriage, ... 46 commissioner at Piscataqua, .... 37 Sheep, encouragement of importation and rais- 200 acres of land granted to, for £25 stock, 1 39 ing of, 105 commissioner at Dover, 153 encouragement to raise, by allowing them clerk of the writs, &c., 166 privileges in pasture, 251 Mr., [George,] associate at Piscataqua, 153, 219 dogs, killing, to be hung, 252 Captain James, suit with Mr. Ksesar and Shepard, Sheopard, John, 128 others concerning ship Rainbow, ne- Samuel, 59, 137 groes kidnapped, &c., . . 115, 129, 136 deputy, 96 and Mr. Kezar, committee appointed to Thomas, 109 examine concerning killing, stealing, Mr., 166, 200 and wronging negroes by, .... 176 Shepardson, Daniel, settlement of estate of, . 194 Captain, 79, 216 Sherbone, William, commissioner for Strawber- John, of Warwick, 275 ry Bank, 70 Mighill, fine for treble voting respited, . .189 Sherley, Mr., to be paid, 262 Richard, 48 Sherman, John, 202 Robert, commissioner for Exeter, . . 44, 103 clerk of the writs for Watertown, . . . .136 Thomas, commissioner for Gloucester, . 67, 98 attorney for Watertown, 201 Mr., 110 Richard, 117 Goodman, wine seller and innkeeper at George Story surety for costs against, . 3 Winnisiramet, 87 against Captain Keayne, 12 Southwick, Laurence, 245 wife of, paid for care in the board of Spain, 169 the General Court, 116 Sparhauke, Nathaniel, 41 Goodman and Captain Keayne, order con- deputy, 22, 33, 66, 146 cerning settlement of their dispute, . 51 Mr., . . .13, 80, 134, 139, 141, 162, 166, 176 Sherrott, Hugh, licensed to sell wine at Haver- committee appointed to treat with, con- hill, 187 cerning lands for Indians, . . . .166 Ship hovering near, two boats to be sent to, . 97 See Indians. Ship builders authorized to unite to frame regu- deputy, 97, 186 lations, 69 Sparlden, Edward, 128 Ships not to cast out ballast, 44 Spegall, John Peters, allowed to marry with- See Port and harbor regulations. out publishment, 275 Shires, colony divided into, 38 Sprage, Spragne, Ralph, 149 See Counties. deputy, 66, 96 GENEKAL INDEX. 331 Sprague, Lieutenant, [Ralph,] .... 192, 267 Stoughton, Mr., [Israel,] 47 50 Sergeant, ensign for Charlesfown, . . .166 two demi-culverins loaned to, .... 31 deputy, 55 appointed on committee to order things Springfield, 132, 225, 268 for the good of the country, .... 41 the commissioners of the United Colonies, debt from, to be collected, 109 with Mr. Pinchon, appointed to hold Captain, [Israel,] 27 Court at, 109 to purchase goods with stock in hands of ordered to bring transcript of its lands and Captain Sedgwick, 31 record of its births, deaths, and mar- surveyor of arms authorized to collect riages. 224 due from, §2 to embrace Woronoco, 224 Mrs., authorized to dispose of the remain- Mr. Pynchon authorized to admit church ing goods at 33 per cent profit, . . . 39 members as freemen at, 224 petition of, answered by the General Court, 90 to extend on east side of Connecticut River to bring sureties to the auditor for her 20 poles south of the warehouse, . . 227 husband's debt, 140 ta.xes of, commuted for 6 years, .... 270 Stowe, John, 52 Squaw Sachem, powder granted to, and to have Goodman, 100 acres of land granted to, for her gun meniled, .36 transcribing laws, 14 furnished with a little ammunition, . . .44 Strange, Mr., 39 admitted under the jurisdiction, .... 55 Strawberry Bank, 38, 70, 131, 175, 225 Stagge, Captain, 113, 121 a minister to be provided for, 32 Standing council, Saltonstall's book concern- and Dover, settlement of boundaries, . . 45 ing; 5 the purchase of Mr. Knowles sold to, . . 45 book against, referred to the elders, 20 ... a barrel of powder sold to, for dry fish, . . 57 vindicated by the General Court, .... 21 sent to for deputies' board, 134 StaniarJ, Stoniard, Anthony, commissioner for and Dover, 37, 45, 71, 134 E.veter, 103, 148 Stubbs, Richard, 5 clerk of the writs, 187 Sudbury, 26, 28, 30, 35, 38, 76, 89, 97, 99, 112, 124, Margaret, widow of John, allowed to sell 147, 163, 225, 245 estate, 283 taxes of, 15 Staniell, Anthony, 192 £20 allowed to, towards a bridge, . . .102 Starbuck, Starbucke, Edward, 166 no inhabitants allowed to remove from, . 122 fined for three weeks' absence, .... 41 granted two miles westward, with proviso, 273 of Dover, an Anabaptist, 253 Suffolk county, 50, 88, 109, 112, 124, 128, 141, 214 deputy, 33 includes Boston, Roxbury, Dorchester, Staves, inspectors of, to be appointed ; regula- Dedham, Braintree, Weymouth, Hing- tions concerning, 169 ham, and Nantasket, 38 Stealing, see Larceny. regiment. Major Borne appointed sergeant Stebbins, Martin, 259 major of, 245 Steadman, Stedman, John, ensign for Cam- Summersby, Anthony, clerk of the writs, &c., bridge, 137 at Newbury, 198 see Actions at law. free from military service at Cambridge, . 227 Summons, Stevens, William, commissioner for Gloucester, 35 Sumptuary laws, orders concerning apparel, deputy, 66 laces, &c., repealed, 84 Mr., 67 minors sent here for improvement not al- Stileman, Mr., 36 lowed credit without order, . . . .217 midwives, &c., forbidden to try dan- Stitson, William, 181, 233, 234 Surgeons, cruel experiments upon pa- Stoddard, Stodder, John, 5 gerous or 278 Mr., 198 tients, dissection allowed once in four years Story, George, 3 Surgery, to aid in the study of, 201 Mr., petition of, to expedite the trial of his legalized, 47 cause with Captain Keayne, .... 51 Surveyor of arms, acts of, .... 113 See Arms, &c. . . 80, Stoughton, Israel, . 6, 8, 20, 22, 42, 79, Richard, 273 chosen Assistant, 33, 66 Swaine, 282 Swampscoate, Swamscote, . . . 148, Assistant, sworn • . .47 ; 332 GENEEAL INDEX. Swearing, to be punished by fine, 178 Ted, John, land granted to, for the stock of Swift, land of, confirmed to Thonaas White, . .147 Richard Yonge, 246 Swine, towns authorized and directed to make Testimony may be recorded in perpetuam, . . 204 orders concerning trespasses by, . .190 Thanksgiving appointed June 11, 1646, . . . 161 Symonds, Simonds, Symons, Henry, .... 104 court of assistants authorized to appoint, Samuel, 36, 54, 67, 96, 110, 138, 145, 157, 186, 1648, 263 227, 241, 263, 272, 283 Thatch, order concerning, 284 chosen Assistant, 33, 66, 97, 146, 187, 238,265 Theft, punishment of, at pleasure of Court, . . 22 commissioner to hold Court at Piscata- Theological tenets specified, the denial of qua, 74 which is heresy, 177 appointed to hold Norfolk Court, . . . 266 Thing, Jonathan, 76 500 acres of Pequot land granted to, . . 242 Thomson, David, 245 deputy, 22 John, 245 Mr., [Samuel,] .... 20, 28, 128, 196, 245 Thomson's Island granted to John Thomson, . 245 is loaned the Court book to perfect his petition of Dorchester concerning, . . . 258 copy for the shire of Essex, .... 48 Thome, Sarah, 160 fine for absence remitted, 263 Tibbet, Tybbot, Walter, 4, 189 Synod, assembling of, 154, 200, 285 Tiles, regulations concerning making of, . .180 Tanners, see Leather. Tobacco not to be taken within 5 miles of a Tantousq, a hill containing black lead, granted house, 151 to John Winthrop, Jun., 82 Tomlins, Tomlyns, Edward, . . . . 7, 8, 10, 35 Tax, levied, £800, 13 appointed clerk of the writs, 38 £200 additional levied, 30 contracts to repair Mystic bridge, ... 51 £616 levied, 112 deputy, 33, 55, 66 £616 levied, 124 Sergeant, [Edward,] 30 Taxation, assessors to take census, and valua- Ensign, [Edward,] commissioner for Lynn, 73 tion as basis for, 174 Topsfield, village at the new meadows named, 258 Taxes, produce received for, at fixed or equita- Torrey, Torry, Tory, William, commissioner for ble rates, 27, 45, 112, 171, 173, 214, 254, Weymouth, 35, 73, 97 286 appointed to marry, 187 wampum not to be received for, .... 279 deputy, 23, 33, 66, 238, 265 assessed upon estates when they lie for Mr., [William,] 46 town charges ; upon persons, to the Lieutenant, [William,] 136 church and commonwealth where they drill officer at Hingham, . . . . 114,124 dwell ; upon estates of non-residents excused from duty, 148 for all charges, 60 commissioner and clerk of the writs, . 167 polls, imposed upon incomes, and estates grant to, for labor in transcribing, &c., . 266 personal property at fixed rates ; real deputy, 96 to be valued, 173, 174 [William,] deputy, 55 for church and state purposes, to be as- Towers, John, 113 sessed upon all property in the towns Town crier, ]4 where it is, 209, 210 Towns, selectmen authorized to lay out private law for more equal assessment of, and for roads in, 4 collection of, 212 ordered to send return of polls between 16 for, to warrants be issued to selectmen, . 225 and 60, 37 for the year, directed to be levied and col- orders concerning deputies from, 3, 47, 209, 217, lected with great speed, 218 231 order concerning exemption of magistrates authorized to present to the Quarter Court from, 239, 240 idle and unprofitable persons, . . .180 or rates public, adjudged to be those lev- minor judicial officers of, to be appointed ied by commonwealth, not or by town by the County Courts, 1 88 church, 260 marks or letters of, for cattle, 190 Taylor, Gregory, constable of Watertown, . . 3 authorized to make choice of selectmen, Thomas, of Watertown, sale of land to, &c., not freemen, after taking oath of confirmed by the General Court, . . 283 residents, 197 GENERAL INDEX. ooQ Towns, members of churches, who refuse to be- Tyly, William, adjudged to pay 403., .... 273 come freemen, may yet be chosen to Mrs., fine of £4 to be collected from the fill offices in, 208 husband of, on her petition, .... 207 Courts for trial of small in, causes . . . 208 Tyng, Tynge, Ting, Tinge, Edward, . 45, SO, 124 boundaries of, to be perambulated once in constable of Boston, 7 3 years, 210 debt due from, to be collected, . . .109 set out within 1 year after grant, . . . 210 William, 13, 35, 41, 44, 60, 62, 69, 78, 139, 171, marked by a heap of stones or a deep 233, 234, 239 trench, 210 chosen Treasurer, . 34, 66 selectmen of, to provide powder, bullets, to render his account at next session, . 38 &c., 282 £26 6s. 8d. allowed to, for charges of jurymen summoned to be in proportion to cattle, &c., . . 51 the number of inhabitants . . • in, . 285 credited by £103, paid Deputy Governor Traders, see Fur traders. Winthrop, 74 Trading companies chartered, .... 60, 138 account of, approved, 79 Traslce, William, 27 petition of, concerning 2 guns attached Captain, [William,] 70, 133 at the suit of Lord Brook's executors, 167, land granted to, located, 259 216 Treasurer, William Tynge chosen, . . . . 34, 66 See Mr. Barkley, 198 pro tem., Mr. [Richard] Russell appointed Valentine Hill, and Thomas Gainer, set- as, 83 tlement of account between, con- Richard Russell chosen as, 97, 146, 187, 239, cerning a voyage of the ship Planter, 247 265 —249 w^arrants on, to be drawn by the council, . 70 captain for Braintree, 199 authorized to claim the property of the commissioner, 271 country, now scattered, 70 deputy. 22,33,66,186,265 committee appointed to take the account Mr., [Wiiliam,] .... 20, 41, 196, 216, 218 of, 73 deputy, . . 55 . . . 227,"244, 274 to collect claims due the oountiy, . . 73 Captain, [William,] 205, - . . . 137 and auditor, relative duties of, . . . 141 —144 Uncas, directed to issue warrants to selectmen of Narragansetts are ordered by the General Court to cease the war upon, . . . 117 towns, for assessnifMit of taxes, . . . 225 at his requc.-t. 258 account of, to be rendered and e.xamined Undenvood, Thomas, dismissed yearly, 244 deputy, 238 Colonies of New England,. . 46, 139, 160 committee appointed on accounts of, . . 271 United proceedings for the confederation of, 31, 35, 36; Tredaway, Nathaniel, allowed to sell wine, . 164 38 Trespass by cattle, order concerning, .... 190 69 by riding or using another's horses, &o., union of, punished, 195 commissioners of, chosen, 69, 109, 146, 187, 239, 265 Tribute, to be collected by the magistrates, . 28 commission to the commissioners Troopers, see Cavalry. form of of, (59 Tryall, ship, allowed powder and ordnance, . 15 commissioners of Massachusetts for, al- Turkish pirates. Captain Thomas Bredcake au- lowed 2 men and 4 horses, at the thorized to cruise for, 83 public charge, 70, 71 Turner, Robert, 54, 249, 277 £5 expenses paid to commissioners of, . 79 to be paid arrears of his claim, .... 62 of, allowed, . 99 paid, 129 expenses of commissioners claim of £100, due to, ordered to be . commissioners for, are desired to meet at £50 granted to, 149 Boston forthwith, 117 Goodman, [Robert,] his claim paid, ... 83 commissioners of, choose Edward Gibbons Tuttle, Tuttell, John, 4, 36 general of forces to aid the Mohican deputy, 55 chief, 122 Mr., new trial granted in the action of to send war- 198 commissioners of, authorized Elwell; Brown, and others, against, . rants to the constables for collection Two Brethren, a place near Shawshin, ... 11 of expenses of war, &c., 151 Tybbot, see Tibbet. ; 334 GENERAL INDEX. United Colonies of New England : a special Wannerton, Wonerton, Mr., associate Pascat- committee appointed to peruse the ar- aqua Court, 6 ticles of confederation of, and to pre- deputed to seize ammunition in the hands serve the separate rights of the colony, 245 of those suspected of supplying the commissioners of, are allowed two Indians, 264 Indians, 24 action of the General Court upon certain business concerning the house of, between propositions of the commissioners of, . 263 Mr. Shurt and Mr. Robert Saltonstall, the General Court to consider how far the referred to the next General Court, . 150 acts of a majority of the confedera- suit concerning house of, decided in favor tion shall bind the remainder, . 267—269 of Mr. Robert Saltonstall and Mr. Da- the commissioners are desired to urge con- vid Yale, 168 federates to increase their stock of final judgment of Court concerning the powder, 268 house of, 231 Upham, John, commissioner for Weymouth, . 73 petition of Robert Sahonstall concerning Vagrants and idlers to be presented to the suit about the house of, 274 Quarter Court, 180 Thomas, 232 Vaine, Henry, 90 War, see Military affairs, Arms, &c. Valuation of estates, 173,3 74 Ward, Nathaniel, his farm of six hundred acres Vaysey, William, 128 near Pentucket granted to, .... 38 Venn, John, 76 Mr., [Nathaniel,] 109, 157 Thomas, land to be granted to, for his petition of, concerning £10 demanded father's stock, upon authority shown, 76 by, referred to a committee, . . . .182 Venner. Thomas, 250 William, commissioner at Sudbury, . . 99, 147 Violle, La, , 120 deputy, 66 La, Suisse, , 120 Wardall, Thomas, commissioner for Exeter, . 44 Virginia, 114 Wareham, John, 139 ministers to be recommended, to, ... 27 Mr,, 10 Voting, fraudulent, 48 Warehouse, boundary of Springfield, .... 227 Wabon, 166 Waring, Arthur, 128 Wade, Jonathan, 400 acres of land granted to, . 273 Warner, John, adherent of Samuel Gorton, con- Wakefeild, William, 10 fined to Boston, 52 Waite, See Wayte. Mr., 35 Waldron, Waldren, Walderne, William, ap- Warwick, Earl of, safe conduct from, for Sam- pointed associate for Pascataqua Court, 5 uel Gorton, 243 appointed recorder, 153 [R. I.] letter from John Smith in behalf deputy, 146 of the inhabitants of, denying wrong Mr., [William,] 150 done to the Indians, 275 committee appointed to examine papers of, 166 Wasket, Stewkley, to be paid for a lamb, &c., . 54 estate of Mr., of Dover, deceased, settled Watches, orders concerning, 24, 25, 28, 29, 72, 120, estate left in the hands of Hate-evill 121, 151, 223 Nutter and John Hall, 272 Water power, patent for new application of, Walgrave, Thomas, land granted for heirs granted to Joseph Jenkes, . . . .149 of, 256 Waterman, Richard, 35, 53, 73 Walker, Isaac, 104, 136, 212 Thomas, 128 Richard, 68 Watertown, 3, 26, 30, 31, 34, 38, 50, 53, 98, 112, 132, deputy, 27, 238, 265 163, 166, 218, 225 Lieutenant, 259 taxes of, 14 £4 granted to, 165 Robert Saltonstall's petition against, re- Wall, James, commissioner for Exeter, . . .148 ferred to a committee, 59 Walter, Mr., 10 and Robert Saltonstall's commissioners, are Wampum, Wampampeag, 48 desired to report their decision, ... 76 order concerning stringing and assorting of, decision concerning Sir Richard's land in, 80 in uniform parcels, 261 voted by the General Court that Sir Rich- not to be accepted for taxes, 279 ard Saltonstall has not been wronged trade in, see Furs, &c. by, 83 ; GENEKAL INDEX. 335 Watertown, judgment against, 89 Wendall, Thomas, jgg petition by Robert Saltonstall, concerning Wenham, ... 49, 57, 87, 89, 99, 112, 200, 242 meadow in, gg originally called Enon, 44 to pay the General Court for expenses dur- allowed to send a deputy, 44 ing trial, X44 road beneath, eastward, to be laid out, . . 82 a new trial granted to Robert Saltonstall West Indies, quarantine established for ves- against, ig2 sels from, 237 and Robert Saltonstall, suit between, set- quarantine ended 280 tled by arbitration, 201 Weston, Francis, adherent of Samuel Gorton, and Dedham, land between, allotted to confined to Dorchester, 52 settlers, 184 Weymouth, 26, 30, 35, 38, 46, 73, 89, 97, 98, 112, allowed to sell estate of Thomas Philpot 123, 167, 173, 187, 225, 271 to pay charge of keeping him, . . . 216 taxes of, 14 ordered to erect a new bridge near the mill, 194 allowed to let out its swamp, 195 bridge, committee appointed to view place and Braintree, highway between, ... 40 for, 216 Braintree and Dorchester highway, . . . 271 time granted to, for completion of the ferry allowed 2d. toll, 90 bridge, 236 Wharfage, 170 Wayte, John, of Charlestown village, paid for rates of, referred to a committee, .... 205 two books, and transcript of laws therein, . 227 Wheat, rye, &c., transportation of, 240 Webb, Webbe, Christopher, 128 paid for taxes, see Taxes. Henry, 104 Wheate, John, wine duty abated to, . . . .152 Margaret, . 46 Wheateley, John, 128 Richard, 249 Wheeler, Timothy, ensign for Concord, . . .146 widow, ...117 sergeant, of Concord, 266 Webster, Abigail, 184 Wheelers, of Concord, land granted to the, . . 51 Elizabeth, 184 Wheelock, Ralph, clerk of the writs for Ded- Hannah, 184 ham, 28 Israel, 184 appointed to marry at Dedham, . . . .136 John, deceased, widow of, administratrix, . 184 Wheelwright, Mr., [John,] allowed, if he him- division of estate of, 184 self petition it, to come back upon a John, 184 safe conduct, 32 authorized to collect £5^s. from the in- safe conduct granted to, and liberty to re- habitants of Pisoataqua, 258 main 14 days, 37 Mary, widow, 184 a safe conduct granted to, if he shall de- Mary, 184 sire to come to the next Court, ... 50 Nathan, 184 upon confession, is restored to his rights Stephen, 184 as freeman, 67 228 Whipple, John, appointed clerk of the writs, . 14 Weekes, , ' 146 Weights andjpeasures, orders concerning, con- deputy, . 22, 13 firmed, 79 Mr., 10 a set to be provided by auditor general White, James, Shore for 7 and a sealer to be chosen by each Joseph, bound to Sampson years, 1^0 town for, 211 committed for refusing to watch, 23 Weld, Wells, Joseph, 41, 135, 165 Richard, confirmed in title to Swift's deputy, 33, 55 Thomas, land, 147 Captain, [Joseph,] wife of, 98 132 Ensign, [Joseph,] 45 Mr., Whitfeild, Edward, .283 Mr., [Joseph,] 39 Whiting, Mr., reservation of rights of, inlaying Mr., [Rev. Thomas,] 41 out bounds of Northam, ... 32 is desired to return from Old England, 137 difl"erence between, and the General Court, letter concerning settling claims with referred, 32 Mr. Downing, 1^2 lands in Dover, &c., order con- Wenbourne, Wemborne, William, clerk of the assignee of 176 46 cerning, .... . 175, writs for Exeter, •. . • . 44, — 336 GENERAL INI>EX. the Whitman, Whiteman, John, commissioner for Wilson, William, £10 allowed to, towards 76 Weymouth 97, 167 house built near the prison, .... John, ensign at Weymouth, 98 widow, fine of £5 accepted by the Gen- in pipe staves, .... 45 Robert, referred to the inferior Courts, . . 149 eral Court Whittingham, John, Ill claim for her husband's wages to be the Lieutenant at Ipswich, 100 paid provided she depart from 161 Mr., 48 prison house, 198 Wicks, John, adherent of Samuel Gorton, con- bill of £23 allowed to, fined at Ipswich, 52 Winchester, Alexander, commissioner for Brain- 35 Widow's claim to husband's estate, .... 281 tree, 164 Wiggin, Wiggen, Wiggens, Thomas, . . 253, 272 John, [Thomas,] 72 Wine, excess in, reprobated, 100 Captain, [Thomas,] commissioner, justice, sent to the assembly of elders at Cam- 194 &o., at Pascataqua. . 5, 37, 110, 120, 153, bridge, 219 stringent rules adopted to prevent exces- Norfolk county, 242, 266 sive drinking of, 257 deputy, 96 Wines, tax to be collected upon, sold at retail, 82 Wilkins, Bray, 59 duties on, farmed to E. Rawson, .... 87 Will, the Indian, 35 impost on, 4 per cent., 106 Will of a minor, Mary Benjamin, 183 officer appointed to receive dues from, re- Willard, Simon 11 tailers of, to be sworn, 130 collection of duties on, deputy, ; 146, 265 order concerning 215 Lieutenant, [Simon,] . . . . 13,89,99,117 by auditor, 152, chosen captain for Concord, 146 to be retailed only by licensed vintners, 171 deputy, 55, 96 173, 188 Captain, [Simon,] 266 order concerning duty on, 215 Wilbey, Mary, 14 order concerning collecting duties on, . . 246 Williams, Francis, joined as associate at Pis- duties on, to be paid to the captain of the cataqua, 31 Castle, 260 commissioner for Strawberry Bank, ... 70 bond given for licenses to retail in Boston Mr., [Francis,] 136 and Charlestown, 253, 277 commissioner at Pascataqua, .... 37 bond given for £120 for duty, 276 associate for Dover, 110 retailers authdfized to sell to Indians, . . 85 of Piscataqua, ordered to send back forbidden to sell, 258 the negroes bought from Captain Wing, Robert, 216 Smith, 136 Winnisimet, 50, 87, 173, 188 Willoughby, Willowghby, Francis, . . 159, 162 to Exeter, committees appointed to lay out deputy, 22, 145, 264 highway from, 192 Mr., 149 and Reading highway, committee to locate, and others, thanks returned to, for their increased, 256 kindness, 27 to be located anew, 271 Wills, penalty for concealing, or not carrying Winshope, Edmund, ensign at Cambridge, . .187 in for probate ; or for proceeding to ad- Winsley, Winslye, Samuel, further time granted minister estates without authority, . 287 to, to begin salt works, 5 Wilmet, Thomas, 128 commissioner at Salisbury, 97 Wilson, John, pastor of Boston, 1500 acres of deputy, 22, 96 Pequot land located adjacent to Mr. Mr., 32 Winthrop's, granted to, 241 Winslow, Winslowe, Edward, 284 Thomas, of Exeter, case between the wid- deputy, 54 ow and the oldest son of, referred to Mr., [Edward,] is desired to act as agent Ipswich, 58 of the colony at London, 162 William, 139 instructions to, &c., .... 171, 175, 185 stipend abated to £10 and fees, ... 30 agent of the colony, &c., directed to take order of the General Court, legalizing advice as to his mission ; petition of his appointing a deputy marshal, . . 285 Dr. Child, to be copied for, . . . .175 GENEKAL INDEX. 33^ Winslow, Edward, agent of the colony at Lon- Winthrop, Stephen, deputy, .... 55 don; treasurer ' ge directed to send jE50 Wiswell, Wisewell, John, commissioner *°' "for 244 Dorchester, Winter Island, 166,194 ^g P"'y' Winthrop, Adam, and Deane, ,,, 145 1000 acres of land Witchcraft,f order of Court for discovery purchased of of, . . 242 Robert SaUonstall, lo- Witheridge, Edward, 152 t^ated to, 189 Witnesses, testimony of, may be recorded, Deane, . 204 189 275 not compellable to attend Court till John, tender 4, 17, 20, 21—23, 31, 35, 38, 39, 4l| 50, of fees, 204 51, 53, 54, 61, 65, 74, 80, 86, 87, 90, 109, Witter, Mr., to appear at Court of Assistants, 159 145, 162, 171, 186, 196, 218, 242, 245, 264. Woburn, . . 35, 36, 38, 76, 89, 112, 225, 258, 283 chosen Governor, .... 33, 146, 187. 238 originally Charlestown village, . . . 28 chosen Deputy Governor, .... 66, 97 and Cambridge highway, 36 paid salary for service, . 67,136, 194,239 and Lynn village, partition of lands be- report of committee appointed to locale tween, ...... 75 the land granted to the wife of; 30 Woddell, William, adherent of Gorton, con- acres meadow granted in addition, . 12 fined to . Watertown, . . . . 53 petition of Hingham again.st, ... 97 Wolcotf; see Woolcote. acquitted of charges brought by inhab- Wolves and foxes, orders concerning bounties itants of Hingham, m for killing 84, 103, 252 his contract of marriage with Martha selectmen of towns authorized to buy Coytemore, 232 —234 hounds for hunting; to have control powder used at the funeral of. given by of the keeping of dogs, saving the the General Court, . . ... 270 dogs of the magistrates, . . . 252, 253 Boston's great love and respect to, mani- Wood; measurement of, by tonnage, . . . .181 fested in solemnizing his funeral, Wood, Woode, John, is allowed time on his thankfully acknowledged by the Gen- debt, on account of losses, .... 63 eral Court, 270 Nicholas, 23, 128 deceased, committee appointed lo exam- Woodbridge, John, sale of land to, by Cut- ine and put in order the public writ- shamake, 159 ings of, 271 Woodman, Edward, . 275 j Governor, deceased, provision for his wid- commissioner at Newbury, 98 ow and youngest child by the Gen- Mr., [Edward,] commissioner at Newbury, 148 eral Court, according to his desire, . . 274 deputy, 33 a bushel of apples for Conant's Island ! Mr., Ifi, 23, 148 paid in by, .27 Woodward, Nathaniel, 11 ' John, Jun,, . ... 54, 65, 83, 90, 104 Ralph, appointed lo marry at Hingham, . 283 chosen Assistant, 33, 66, 97, 146, 187, 238, 265 Woody, Richard, Sen., licensed wine seller is granted payment of his bill of £50, 47 at Ro.vbury. . ... 98 Tantousq granted lo, upon purchase Woolcote, Henry, 139 from Indian.s, . . . . 82 Woollen cloth, encouragement of manufacture authorized to establish a plantation and of, 105 iron works at or near Pequot, . . 71 Woory, Ralph, allowed to ship 8 dozen goat authorized to exchange lands with the skins...... 135 Pequots who are willing to remove, . 160 Word preached, or ministers, puni.shraent for 3000 acres of Pequot land granted to, reproaching, ...... 179 with provisoes, . 241 Wormewood, William, wife of, . . . . 199 Mr., [John, Jun.,] undertakes the manufac- Woronoco, Woronock, 264, 268 ture of salt, 229 claimed by Mr. Fenwick by a patent older ours 44 Martha, widow of Governor Winthrop, . . 275 than River, declared to belong . Connecticut Samuel, ...... 275 upon Stephen, 17, 82 to Springfield, ...... 224 permitted to go to England, 28 Worship, public, persons absenting from, to be petition of, concerning Mad. Latour and fined, 177, 178 others, 135 of false gods by Indians to be punished, . 177 VOL. II. 43 338 GENERAL INDEX. Wossamegon, received, 55 Yale, David, mortgage to, on Wannerton's iouse, 168 Wrecks, strays, whales, &c., auditor to have decision in case concerning, . . . .231 charge of, 143 See Robert Saltonstall. Write, John, deputy. 238 Yarmouth, 79 Written tree, 50 Yong, Christopher, of Wenham, deceased, order Yale, David, 232, 277 giving executors discretionary power agent of Mr. Foxcroft, ordered to render as to sending his children to England, 272 an inventory, 66 Yongs, Joseph, 36 recital of former order ; Sewall to satisfy Younge, Richard, land granted to John Ted for his debt with the lumber, pipe staves, stock of, 246 &c., of Foxcroft, 75 , Katherine, 136 INDEX OF FREEMEN. 1642-1649. INDEX OF FREEMEN. 1642-1649. Adams, Alexander, 295. Beachamp, Edward, 292. Burrage, John, 291. Adams, Natiianiel, 295. Beard, Thomas, 293. Burt, Henry, 295. Adams, Samuel, 293. Berry, William, 292. Butler, John, 295. Adams, Thomas, 293. Billindg, Rodger, 293. Butrick, William, 295. Albey, Benjamin, 292. Bird, John, 294. Butterfeild, Benjamin, 293. Albye, John, 293. Bird, Simon, 293. Button, Robert, 291. Aldridge, Henry, 294. Bishop, Nathaniel, 294. By am, George, 291. Aline, William, 292. Bishope, Richard, 291. Carleton, Edward, 291. Allen, George, 294. Blaoke, Henry, 294. Carter, John, 293. Allen, Henry, 295. Blacke, John, 293. Carter, Samuel, 294. Allen, James, 295. Blacke, Richard, 294. Carter, Thomas, Jun., 294. Ambros, Henry, 292. Blanchard, John, 295. Cawkin, Hugh, 292. Ames, William, 295. Blanton, William, 293. Chambevlin, Thomas, 293. Antrum, Thomas, 291. Blisse, Thomas, 292. Chamberline, Henry, 294. Amol, John, 293. Boulton, Nicholas, 293. < Chapin, David, 295. Aspinwall, Peter, 294. Boyden, Thomas, 295. Chapline, Hugh, 291. Atkinson, Theodore, 291. Boyse, Joseph, 291. Chaulkly, Robert, 294. Atwood, Harman, 294. Bracket, Peter, 293. Chelett, Nicholas, 294. Avery, Thomas, 292. Bradford, Robert, 291. Chever, Bartholomew, 295. Bachiler, William, 293 Branch, William, 295. Chickly, John, 295. Bacon, Daniel, 294. Brewen, Obadiah, 292. Church, Garret, 295. Baker, Ale.xander, 294. Brick, Robert, 295. Clepp, John, 294. Baker, John, 291. Bridges, William, 294. Clooke, Jonah, 295. Baker, Richard, 292. Bridgham, Henry, 293. Clough. John, 291. Baker, Thomas, 295. Bright, Samuel. 294. Coggan, John, Jun., 291. Bakon, John, 295. Briskoe, Daniel,' 291. Colimer. Isaac, 293. Bancroft, Roger, 292. Brock, John, 292. Collens, John, 294. Barber, George, 295. Browne, Robert, 295. Collier, Thomas, 294. Barnes, Thomas, 294. Browne, William, Mr., 295. Comins, Isaac, 291. 294. Conkling. Ananias, 291. Barrel!, George, 293. Buckmer, Thomas, Converse. Allen, 293. Barrill, Thomas, 294. Bulfinch, John, 291. Cooke, Philip. 295. Basse, Samuel, 295. Bulkeley, John, 291. 291. Bateman, Thomas, 292. Bullock. Richard, 294. Cooke, John, (341) 342 INDEX OF FREEMEN. Cooper, John, 292. Fox, Thomas, 293. Hill, Ralph, 294. 292. Cooper, Thomas, 295. French, John, 293. Hilton, William, 295. Corlet, Elijah, 294. Fumell, Strong, 293. Holbrooke, Richard, Cotton, William, 295. Gardner, George, 292. Holbrooke, Thomas, 294. Crispe, Benjamin, 294. Gardner, Thomas, 294. Holbrooke, William, 295. Crithley, Richard, 291. Gay, John, 293. Holioak, Elitzar, 295. Cunlithe, Henry, 293. Gaye, John, 294. Hollister, John, 293, bis. Curtesse, Richard, 294. Genery, Lambert, 294. Hooper, William, 295. Daming, John, 294. Gilman, Edward, 294. Howard, Nathaniel, 293. Danford, Samuel, 295. Gingen, John, 294. Howen, Robert, 291. Danforth, Samuel, Mr., 295. Goard, Richard, 293. Huit, Thomas, 295. Danforth, Thomas, 293. Gooding, Edward, 291. Hull, John, 295. Daniell, William, 295. Goodnow, Thomas, 292. Ingoldsbey, John, 291. Dants, Robert, 292. Gookens. Daniel, Captain, 293. Jackson, Edward, 294. Davenport, Thomas, 291. Gowing, Robert, 293. Jackson, John, 293. Davies, George, 293, 295. Green, James, 294. James, Francis, 293. Davies, Samuel, 294. Green, William, 293. James, Gawdye, 291. Davies, William, 294. Greene, John, 291. Jenison, Robert, 294. Dawes, William, 294. Greene, Nathaniel, 294. Jenkins, Joel, 294. Day, Matthew, 294. Griffin, Hugh, 294. Joanes, Lewes, 293. Day, Ralph, 294. Grime. Mather, Samuel, Mr., 295. Ph'ese, William, 293. Smith, Matthew, 293. Mathis, John, 291. Phippen, Joseph, 293. Smith, Mighil, 294. Maynard, John, 29a, 295. Phips, Solomon, 291. Smith, William, 293. Mcdcalfe, Micha, 294. Pid, Richard, 292. Sm3th, Christopher, 293. Merriam, William, 295. Pike, James, 294. Smyth, Laurence, 293. Metcalfe, John, 295. Pinchen, William, Mr., 292. Snowe, Thomas, 291. Metcalfe, Micha, 292. Place, Peter, 294. Somersbey, Anthony, 292. Michell, Jonathan, 295. Plunton, John, 293. Somersbey, Henry, 292. JMiles, Samuel, 294. Poget, Thomas, 295. Spere, George, 293. Miriam, John, 295. Pond, Robert, 292. Stacye, Hugh, 292. Modsley, Henrj-, 294. Powning, Henry, 293. ! Staple, John, 295. More, Jeremy, 294. Prat, Thomas, 295. i Stebben, John, 295. More, Thomas, 292. Pratt, John, 293. Stephenson, Andrew, 293. I More, Richard, 292. Prence, Richard, 292. Sternes, Charles, j 294. Morgan, James, 293. Prest, Jame,=, bis. 293, ; Sternes, Nathaniel, 295. Morly, John, 294. Price, Walter, 292. Stevens, John, 292. I Munjoy, GeorsfO, 295. Prichard, Hugh, 291. Stevens, William, 292. Nash, James, 294. Prichard, Roger, 295. Stileman, Eli as, 291. Neale, John, 291. Proctor, Robert, 293. Stimson, John, 294. Needam, William, 295. Prout, Timothy, 293. Stoder, John, 291. Negus, Benjamin, 295, bis. Putman, Thomas, 291. Stone, Daniel, 293. Neuton, Richard, 295. Pynchon, John, 295. Stone, David, 295. Newberry, Richard, 294. Rawlen, Richard, 293. Stowe, Samuel, 294. Newton, John, 292. Reeves, Thomas, 294. Streete, Stephen, 293. Newton, Richard, 294. Rendell, Robert, 295. Stubbs, Joshua, 295. Norcross, Nathaniel, 293. Reyner, Humphrey, 291. Sutton, Lambert, 293. Norton, Francis, Mr., 291. Rice, Henry, 295. Swett, John, 292. Nyles, John, 293. Richards, Thomas, 294. Symons, Henry, 293. 291. 292. Miles, 293. Okes, Edward, Rigbey, John, ; Tame, Okes, Thomas, 291. Right, George, 292. Tayer, Thomas, 295. 295. Onion, Robert, 294. Ripley, Wilham, 291. : Tayler, Edward, Osburne, Thomas, 295. Roberts, Thomas, 294. Tayler, Philip, 291. I Page. Robert, 292. Robinson, William, 291, 292. Tayler, R'chard, 291. I Taylor, Richard, 291. Palmer, Henry, 292. Ropper, Walter, 292. j Faithfull, 293. Thacher, Thomas, 294. Pardon, William, 294. Rouse, I Parker, Abraham, 293. Rush, Jasper, 293. Thackster, Thomas, 291. Parker, James, 293. Russell, John, 293. Thatcher, Samuel, 291. Parkhurst, George, 293. Ruth, Vincent, 294. Thorpe, Henry, 294. Parmenter, John, 292. Rydeot, John, 294. Thurston, John, 292. Sacetell, Thomas, 295. Thwinge, Benjamin, 294. Parsons, William, 294. j John, 292. Titcombe, William, 292. Partridge, Nathaniel, 293. Sadler, I Toll, John, 294. Pary, William, 294. Sally, Manus, 294. I John, 291, 292. Patten, William, 294. Sanderbant, John, 293. Torakins, Payne, Moses, 295. Scot, John, 292. Tomson, Simon, 295. : William, 291. Pearley. Allen, 291 Search, John, 291. Torry, Philip. 293. Peaseley. Joseph, 292. Sendall. Samuel, 294. Tory, Toule, Roner, 293. Pebody, Francis, 29i?, Shaflin, Michael, 291. Trescot, William, 293. Peerce, John, 295. Shefeild. Edmund, 293. 293. Tresler, Thomas, 292. Peirce, Robert, 291. Sheopard, Edward, Trot, Thoma.s, 293. Peirson, John, 295. Shephard; John, 293. Tuiner, Jctfry, 293. Pelham, Harbert, 293. Shore, Sampson. 291. I Turner, John, 295. Pemberton, James, 293. Smeedly, Baptize, 293. Turner, William, 293. Pepper, Robert, 293. Smeedly, John, 293. Tybbot, Walter, 292. Perkins, Isaac, 292. Smith, Hugh, 291. Tvdd, .lohn, 293. Persune, Bartholomew, 295. Smith, John, 295. 344 INDEX OF FREEMEN. Umphryes, James, 294. Whale, Philemon, 295. Wines, Faintnot, 293. Underwood, Joseph, 294. Wheat, Moses, 292. Winn, Edward, 293. Vermaes, Benjamin, 291. Wheeler, Isaac, 292. Witheredge, Edward, 293 Vincen, William, 293. Wheller, Thomas, 292. Witherell, John, 291. Walderne, William, 292. Wlietley, John, 293. Withman, John, 291. Walker, Isaiah, 294. White, Edward, 294. Wody, Richard, 291. Wallis, Thomas, Mr., 292. White, Nicholas, 293, bis. Wooddy, Richard, 293. Ward, John, 292, 295. White, William, 292. Woode, John, 293. Ward, William, 292. Whiteing, Nathaniel, 292. Woodward, Peter, 292. Ware, William, 293. Whitny, John, Jun., 295. Woodward, George, 294. Wares, Robert, 295. Wife, Nicholas, 294. Woodworth, Henry, 293. Warren, John, 294. Wight, Henry, 295. Worde, Thoma.s, 292. Watson, John, 294. Wilder, Edward, 293. Wright, John, 293. Way, Richard, 293. Williams, Hugh, 291. Wright, Samuel, 295. Wayte, John, 294. Williams, Robert, 293. Wyat, Edward, 294. Webbe, Christopher, 294. Wilson, John, Mr., 294. Wyman, John, 294. Webster, Thomas, 293. Wincoll, John, 294. ZuUesh, David, 292. Wenbane, William, 294.