UNIVERSITY OF MASSACHUSETTS LIBRARY
F
67
M32 +
V.3
|
»2r« |
|||
|
1 |
|||
|
-J |
>
(^
RECORDS
MASSACHUSETTS
VOL. III.
1644-1G57.
RECORDS
THE GOVERNOR AND COMPANY
MASSACHUSETTS BAY
NEW ENGLAND.
PRINTED BY ORDER OF THE LEGISLATURE.
EDITED BY
NATHANIEL B. SHURTLEFF, M.D.,
MEMBER OP THE MASSACHUSETTS HISTORICAL SOCIETY, FELLOW OF THE AMERICAN 3F ARTS AND SCIENCES, AND MEMBER OF THE AMERICAN ANTIQUARIAN SOCIETY.
YOL. III.
1644-165?.
BOSTON: FROM THE PRESS OF WILLIAM WHITE,
PRINTER TO THE COMMONWE.\LTH.
185 4.
9?S
Ol0mmoutocaltlj 0f piassacljii^ctts.
Secretary's Office,
Boston, December 1, 1854. In printing the first and second volumes of the Massachusetts Records, under a Resolve of the Legislature of 1853, Dr. Nathaniel B. Shcktleff, of Boston, well known for his acquaintance with the Old Records of this Commonwealth, and for his great interest in their preservation, was appointed to take charge of the whole work. These volumes have been printed, and copies of them have been distributed according to the Resolve.
The ability and fidelity which marked the appearance of the first two volumes determined the undersigned to intrust the preparing and printing of the volumes specified in the following Resolve to the same able editor.
The confidence in which the editor is held by persons interested iu historical and antiquarian pursuits gives ample assurance that the duty will be performed in a manner alike creditable to the undertaking and to the Commonwealth.
EPHRAIM M. WRIGHT,
Secretary of the Commomvealth.
Resolved, Tliat twelve hundred copies of the third, fourth, and fifth volumes of the General Court Records, with suitable Indices, be stereotyped aud printed, under the super- vision of the Secretary of the Commonwealth, who may appoint some competent person or persons to prepare said volumes for printinir, and take charge of the same, and to complete the Indices of the General Court Records already commenced.
Approved by the Governor, February 17, 1854.
(iii)
INTRODUCTORY REMARKS.
BY order of the Legislature of Massachusetts, the two oldest volumes of the Colony Records were printed in 1853. On the seventeenth of February, 1854, His Excellency Emory Washburn, Governor of the Commonwealth, approved a Resolve authorizing the printing of the three succeeding volumes. These five volumes contain the records of an important era in the history of Massachusetts, — the duration of its political existence as a Colony, — when it was governed by magi.strates elected by the people, who were considered sufficiently wise to make laws suitable for all contingencies, and sufficiently just and prudent to execute the laws by themselves made. This era embraces a period of about fifty-eight years, commencing with the earliest records of the Governor and Company that have been preserved, and ending at the time when the colonial government was superseded by the Council under the presidency of Joseph Dudley, Esq., in 1686.
A description of the first two volumes, together with a brief account of the plan which was pursued for preserving their valuable contents, and rendering them more accessible to the public, will be found in the Introductory Remarks printed at the commencement of Volume I.
The third volume of the Massachusetts Colony Records contains the proceedings of the House of Deputies, commencing w4th those of the General Court of Election held in May, 1644, and ending with those of the May Court in 1657. A part of the original volume is in the hand-
vi INTEODUCTORY REJIAEKS.
writing of Mr. Edward Raw.s'on, and the remainder, comprising the larger portion, is in that of Mr. Wilham Torrey, who were severally chosen clerks of the House of Deputies. Although it is evident that the popu- lar branch of the Colonial Legislature continued a record of its proceed- ings until the time the Colony Charter was vacated, no copy of these valuable volumes can l^e found in the archives of the Commonwealth extending beyond the period embraced in these pages, nor are any positively known to exist any A\'here else.
On one of the leaves preceding the records of this volume occurs the following entry : —
"ffor the orders of the House of Deputyes: — se the first leaffe, Ano 1644 : 3 orders j se page 12, Ano 1645: two orders; se pag 53, Ano 1645: one order; se pag 84 & 90, Aiio 1646 : two orders ; se page 254, Ano 1650 : one order."
The fourth volume of manuscript records, which, on account of its large size, is printed in two parts, and the fifth volume, are a continuation of the Colony Records, and immediately follow the second volume in chronological order, the third being entirely independent of them. The originals are in the handwriting of Secretary Rawson, and extend from the commencement of the May session in 1650 to the presidency of Dudley in 1686. At the close of the fifth manuscript volume are certain miscellaneous writings, which will be found at the end of the corres- ponding printed volume.
In printing the three volumes mentioned in the resolve of February, 1854, the same plan has been pursued that was adopted for the preced- ing two volumes. The spelling of the clerks has been invariably fol- lowed, and the. contractions and pecidiarities of chirograph}^ have beea preserved in the copy by means of typographical symbols, in order that the printed volumes should be as nearly reproductions of the ancient volumes of manusci'ipt as the art of pi'inting would allow. Indeed, no pains have been .spared to render the work acceptable, and to give to the printed volumes a pleasing appearance, and at the same time make them literal copies of the manuscript originals.
INTEODUCTOllY REMARKS. y[[
Of all the secretaries of the Massachusetts Colon}', none surpassed Mr. Rawson in peculiarities of chirography, and in the use of similar fonns for different letters. He had various ways of writing the letters e and r, and very often wrote them in so careless a manner that nothing but the context could possibly lead to the discovery of his intentions. In the use of the letters n and u, c and t, and c and I, he was equally faulty. Therefore, in some cases of proper names, the editor may have to rely upon the indulgence of those who use the printed volumes.
In a very few instances the peculiar style of writing used by Secre- tary Rawson — such as the condensation of two letters into one, and by an extra stroke of the pen the making of one letter assume the appear- ance of two — has not been followed ; nevertheless, in proper names the editor has been very particular to follow the manuscript in these pecu- liarities. Several of the most common instances are — the use of an m for nn, as Pemiman for Penniman, Bemet for Bennet, and the use of nn for an m, as Parnniter for Parmiter, and sometimes the use of an m for an n, as Haimes for Haines.
In making up the records from minutes, the clerks were not alwaj^s particular in arranging the daily proceedings in strict chronological order, and did not preserve the exact date of each transaction ; nor did they attempt, except in a few instances, to distinguish the acts of one day from that of another. Therefoi'e the marginal dates which have been supplied cannot be considered absolutely correct, but must be re- garded only as approximations to accuracy, the editor endeavoring to give to each page as nearly as possible the latest well-ascertained date furnished by the volume, without resorting to external aid. It will be perceived that these dates are meant to apply only to legislative action, all minor dates connected with reports of committees, letters, and legal instruments being disregarded in the margins. Occasionally marginal dates occur in the original, which are easily distinguished from those that have been supplied.
In some instances court orders liave been omitted to be recorded, and subsequent legislation has been necessary to remedy the delin- quency. A remarkable case of this kind is to be found on tlie one hundred and sixteenth page of part first of the fourth volume, in the case of Governor Winthrop's youngest son.
viii INTRODUCTORY REMARKS.
In the third vohime the proceeclmgs for a long period are recorded out of place, and in the fifth is a similar mis-entr}^ of two pages. These have been removed to their proper places in the printed copies. The figures in the margins that indicate the pages of the original records, and which are enclosed in brackets, make the arrangement of the manuscript sufficiently intelligible.
As in the first two volumes, so also in the three which succeed, the marginal entries are chiefly in the handwriting of Mr. Rawson, and are mostly contracted expressions and half-spelled words. The proper names in the margins are often sjielled in a different manner from those in the text.
The names of those who took the freeman's oath at the General Courts of Election, and which generally appear in the margins of the manuscript volumes, have been collected together and printed with al- phabetical indexes at the close of the volumes. The names of those who took the oath at other times and places, together with those which are included in the returns of commissioners, will be found printed in their proper places in the volumes.
The same degree of care has been bestowed, in collating the printed pages of the third, fourth, and fifth volumes with the original manu- scripts, as was used in conducting through the press the preceding two volumes ; for a full description of which the reader is referred to the editorial remarks printed in connection with the first volume. In the tedious duty of performing this part of the labor, the editor has been spared rnuch by the careful manner in which the copies have been made by the several persons employed for that purpose.
It is believed that the indexes, which have been prepared with much labor, and which are very minute, will prove to be both accurate and con- venient for use. No name, and no reference to any name or fiict, has been purposely omitted, and as many cross references as were deemed advisable and desirable have been entered in their proper places. Proper .names have in nearly every instance been entered in the index according to the mode of spelling in the original record.
Notwithstanding the temptation has been very great, and at times the necessity almost imperative, the editor has, in the execution of his duty, entirely refrained from making comments or annotations upon the
IiXTRUDUCTUUY IIEMAIIKS. ix
subjects recorded, and has only inserted in proper places such Ijrief notes as were considered needM to inform the reader what portions of the manuscript records were written by different persons, and who the several writers were, which facts could not othenvise be learned from any examination of the printed copies.
The editor takes this occasion to express his acknowledgments to the Honorable Epiiraim M. Wright, Secretary of the Commonwealth, for the facilities which he has afforded in prosecuting the work of printing these volumes, and for the uniform kindness and interest which he has constantly exhibited throughout the whole undertaking.
N. B. S.
Boston, December, 18.54.
MARKS AND CONTRACTIONS.
A Dash ~ (or straight line) over a letter Indicates the omission of the letter following the one marked.
A Curved Line ~ indicates the omission of one or more letters next to the one marked.
A Superior Letter indicates the omission of contiguous letters, either pre- ceding or following it.
A Caret ^ indicates an omission in the original record.
A Cross X indicates a lost or unintelligible word.
All doubtful words supplied by the editor are included between brackets, [ ].
Some redundancies in the original record are printed in Italics.
Some interlineations, that occur in the original record, are put between parallels, || I|.
Several characters have special significations, namely : —
I, — mo, month.
I, — par, por, — pt, part ; ption, por-
@, — annum, anno. a, — an, am, — curia, curiam. a, — matrate, magistrate. ft, — ber, — numft, number ; Robt, Robert.
c, — ci, ti, — accon, action.
c8, — tlo, — jurisdiccon, jurisdiction.
d, — ere, cer, — a(?s, acres.
d, — dd, delivered.
e, — Trer, Treasurer.
e, — committe, committee, g, — gnJal, general, h, — chr, charter. T, — begig, beginig, beginning, i, — ire, letter.
in, — mm, mn, — comlttee, commit- tee, m, — recofudacbn. recommendation. n3, — mer, — foriiily, formerly. A, — month.
ii, — nn, — Peii, Pcnn ; aiio, anno, n, — Dnl, Domini, ii, — ner, — manii), manner, o, — on, — mentio, mention.
tiou. p, — per, — pson, person, p, — pro, — pporcon, proportion. P, — pre, — p'sent, present, q., — c|,stlon, question. ^, — esqJ, esquire, f, — Apr, April. s, — s, session ; sd, said. s, — ser, — svants, servants. f, — ter, — neuf , neuter. t, — capt, captain. Q, — uer, — seiial, seueral. u, — abou, aboue, above. V, — ver, — se^al, several, w, — wn, when, y'', the ; y™, them ; y", then ; y'", their ;
y% this ; y', that. ^, — us, — vilib;, vilibus. {j — es, ct, — statut^, statutes. t(5, &e, &c% — et caetera. vizj, — -vddelicet, namely. ./ — full point.
(xi)
CONTENTS OF VOLUME III
THE KECOEDS OF THE HOUSE OF DEPUTIES, 1644—1657, . 1 GENERAL INDEX, 439
( xiii )
THE DEPUTIES' RECORDS,
1644-1657
MASSACHUSETTS RECORDS.
THE RECORDS OF THE COLONY OF THE MASSACHUSETTS BAY IN NEW ENGLAND.
[The manuscript of the third volume of Records of the Massachusetts Colony commences here, in the hundwriting of Mr. Edward Rawson, the Secretarj-. This volume, the largest portion of which was ■nritten by Mr. William Torrey, Clerk of the House of Deputies, contains the Records of the House of Deputies, commencing in IGil and ending in 16/57. The first six pages are not numbered in the original manuscript.]
EUedion, 29 8 M% 44. 16 44.
^it a Generall Courte of Elections held att Boston the 4"' and 5'* 29 May.
Monnths, 1644. [*1^] The Acts §" Detenninacons of the Howse of Deputijes.
THE scQall names of those to-«-nes, w"' tlieire Deputies y' -were return'd w* ye warrants to serve att this Courte, viz' : —
1. Salem : IVI"' Downeinge, IVP Hawtherne.
2. Charles-Towne : Majo'^ Sedgwick, Lift Sprauge.
3. Dorchester : M' Glover, Lift Duncombe.
4. Boston : M-" Tinge, Tr., Cap' Hawkins.
5. Roxbury : M>- Prichard, Wiiim Parks.
6. Watertownc : JI"" Mayhewc, Lift Mason.
7. LjTin : Cap' Bridges, Ens-"^ Tomlins.
8. Cambridge : Capt Cooke, jM' Sparliawke.
9. Ipswitch : M"^ Hubberd, Jos : Meadcalfe.
10. Newbury : M'^ Rawson.
11. Waymowth : M'' Tory, Lift Perkins.
12. Hiugham : Bozon Allen, Jn" Porter.
13. Concorde : Thomas Brooke.
14. Dedham : Francis Chickeringe.
15. Salsbury : M'' Duiiier, M'' Dudley.
16. Hampto : Lift Howard, Witi Eastowe.
17. Rowly : M"" Carleton, Math Boyse.
18. Brayntree : Stee Kingsley, Tho" Meklns.
19. Sudbury: "SVilliam Ward.
VOL. 111. 1 (1)
THE RECORDS OF THE COLONY OF
20. Dover : W Wiiim Hilltcn.
21. Strawbery-baiike : 51'' StcG Wiutlu-opp.
22. Gloster : M' Stccveus.
23. Oobourne : Lifte Johnson. 2-4. Wcnnam : Joseph Batchelo''.
It is orcli-ed by this bowse, that hencefoi-ward these townes, (accordg to y" entry,) as alsoe all other y" townes y' ali'eady are, or hereafter shalbee, erected w^'in this jui-isdiction, shall, (accordinge to thcii-e antiquity,) take thcire places of ^cedencie both in y" transactlnge of y'= affayers of this howse, as alsoe ui all other such occasions as may fall out w"'in this colony respectiuge such j?sedency of place./
Elected by the freemen for this yeare ensuingc, lG4-t, 29" : 3 M".
John Endccott, Escp, Gouerner.
John Winthropp, Escp, Dep' Goiincr.
Assistant.s, Thomas Dudley, Es^, Ser*" Majo'' Gcncrall, Rich: Bellingham, Escp, Eich : Soltonstoll, E«p, John Winthropp, Junio'', Increase Nowell, Secret, Simon Broadstreete, William Pinchon, William Hibbins, Thom* Flintte, Samuell Simons.
William Tincre chosen Treasurer.
30 May. /
33: 3 M".
*M'' William Ilawtherne was chosen Speaker for this Courte by y' howse.
Samuell Greene is appoynted & chosen an officer to attend y" dorc of y'^ Howse of Deputies for this Coiutc, & is to haue 2** p day, w"* diett & lodginge./
It is orckcd, that henceforward noe member of this howse, (vppon any ptence of buisnesse w"" any man,) shall absent hlmselfe fiom y" occasions thereof w*''out leauc first graunted him from y^ howse./
It is orcb-ed, that henceforward noe member of this howse shall sitt or stand w"' his hatt on whiles y" Speaker is ppoundingc any vote/
It is ordrcd, that noe messenger of this howse, (wh''' shall alt any time bee sent w"* v" affaires thereof to v° Ilowse of ila"-'" shall reccaue from them
30 May.
THE MASSACHUSETTS BAY IN XKW ENGLAND.
any other biiisncs then what couccmes & hath reference to y" messuage heo 1 G 4 4. went vppon./ '
It ^ orcbed y' noe member of this howsc shalbee call'd to y" barr but by y" majo' vote thereof, & bceinge first convicted of his offence./
Ensigne Tomlins is ordi-ed & appoynted by both howses of this Courte to goe vppon a messuage to y* Naragansett sachems about theire ire, & is dismist this howse for y" ^sent to Ppare himselfe for y" jorney./
It is ordied, that M' Trasiu-er Tinge, Liftennant Duncome, & M"^ Jklay- hewe are chosen a coiuittee to consider of the ire y' came fro y"' two sachems (Caiionicus & Pesecus) of y" Naragansctts, & to returne theire thoughts & conclusions to this howsc./
That whereas y^ townc of Gloster legaly made choyce of M'' Steevens (a freeman thereof) for theire deputie to attend the buisnes of this Courte, & y' yet notw"'standinge, (vppon some private drences falleinge out betweene y® chui-ch & him in y"* intrirae,) y" ffreemen of y' said towne made choyce of M' Bruin in y^ roome of y^ said SI"" Steevens It is therefore ordi-ed that y said M'' Bruin bee sent home agayne, & y* y" towne of Gloster is desii-ed to send y« said M' Steevens, first chosen ; declareinge it w"'all to bee y^ minde of this howse y' y" ffreemen of y^ said to^vne, or any one or more of them (in y° bee- halfe of y® rest), may take theire libtye to make theire complaynts agaynst y" said M' Steevens ; & if it shall appeai-e y' such theu-e alegacons shall render him vnfitt for y" service of this Courte, y* then this howse shall ace" it theire dutie to deale w* him as an offending member thereof./
It is ordi-ed, y' Majo' Sedgwicke, Capt: Cooke, Capta: Bridges, Cajjt Hawkins, & Liftennant Pkins are chosen a coiiiittoe to consider w' power is to bee giuen to y° Majo' GeiJali, & to di-awe vpp his comlssion accordingly, & fsent it to this howse to bee further considred of/
It is ordred, that ISI"" Downeinge, M' Glover, & M' Rawson are chosen a coinittee to consider of j" one halfe of y* peticons ^sented to this Courte, & to make returne of theire thaughts & conclusions of them indorsed vppon y* said peticons./
* The peticon of Robert Parke is graunted by y" whole Courte, and [*3^] hath libtye to pceed in marriage w**" Alice Tompson .w"'out furth'' pub- lishe./
It is ordred, that M' Speaker, ]\P Downeinge, & Liftennant Duncome are chosen a coinittee to consider of y* votes of y" howse, & to drawe them into a forme of order, y* exact entry bee made of them./
i(;44.
31 May. /
Comptrolers. 1 June.
THE 1I?:C0KD.S OF TIIK COLCJNV t)F
■3 M\- 81".
It is orcLfed, y' noe member of this ho'wse shall speake twice to one case att one time, beefore eQy one (y' will) haue spoken to y* buisnes in hand, & after some pawse, to sec if any other will speake, & it-is att y'' lifetie of any to speake agayue w"' leaue from y"" howsc./
It is ordi-ed, that Capta: Cooke & M"" Toiy are chosen comptrolers of y^ howse for this Conrte, & pticulery to see to y" exact keepeing of y° fjregoe- iuge order./
V: 4 M\
It is ordi'ed, that jM'' Speaker, Capta: Cooke, ]M' Glouer, IM'' Spar- hawke, & M"^ Rawson are chosen a coiiiittee to examine y' French buibnes, & to state y' case, to drawe y' bills, to lay y" charge, to pduce y° testimonye, & Pscnt it to y" howse./
It is ordred, that M'' Dummer, Wilim Parkes, Edw: Carleton, Ma"* Boyse, Bozon Allen, & Liften' Mason are chosen a coiiiittee to consider of the other halfe of y' peticons, & to returne theire thaughts thereof to y^ howse./
A^ote of both liowses.
4"; 4 M\
It is voted & ordied, to bee att y' libtye of each member of this howse (vppon y'^ choyce of coiTiittees for y" ripncinge of buisnesses) to nom- inate whome they jplease for y^ said coiiiittes, & after such libtie impved, the speaker (for y* time bceinge) shall put to vote, in order, all such as are soe nominated, & y* nonib"' of psons as shalbee agreed vppon, (to bee of y^ coiiiit- tee,) y' shall haue most voyces, shalbee accompted as men chosen by y* howse./
It is ordred, that jM'' Dummer, M"^ Sparhawke, M' Tory, Joseph ^leade- calfe, & Liften*^ Johnson are chosen a comittee for to consider of y° bill Pscntcd to y" howse coucer'neinge mens pprieties, & to returne theire thaughts of y" pticulers therein ex^st./
That whereas M"^ Sewall hath an execucbn graunted him (out vppon y" goods & chatties of M' Foxcroft, of London, mar"'*) by an order of Coui-te, & y* there is not an estate visible (of y" said M' Foxcrofts) to sattisfie y* said execucbn, it is therefore ordred, y' M"" Daued Yale (agent to y" said M' Foxcroft) shall w^'in sixe dayes ensueinge deliQ into this Courte a true in- ventory of w' estate hee hath in liis hands, or knowes to bee in y" hands of any other, (of y* sd Foxcrofts,) in case y' said ^i" Yale refuse to gine M' Sewall sattisfacon and content accordinge to lawe./
It is ordred, that M' Speaker, ISI"' Treasurer, 'SV jMayhcM'e, i\I^ Prich- ard, T.iften'" Duncombc, M' ITuliberd, & ]\I'' Siecven \^^iiifhropp are chosen
[*4^]
THE MASSACHUSETTS ]5AV IN NEW ENOLAND.
a ooiuittcc to consider of & examiii y" bill about juditiall j)ccedings sent 1()4 4. from v'' mag'''./ ' "<
* Liftcu*'-' Perkins, vppon his request, & as y" minde of y" towne, is att his libtic to depte y" howse for this sessions of y*-' Courte./
It is orcbed, that y^ next sixt day in y^ afternoone bee sett apte for y" scflall coiiiittecs of y" howse to consider of & ripen the seQall buisncsses thereof coiuitted to them./
It is ordred, y' the hundred pounds foriiily graunted toward the mayn- By both tenauce of Castle Hand, & ye fortificacbns there shalbee pd soe scone as they y' vndertake y" worke shall haue a coiiiaundcr & garrisson there, & to be pd fiftie pounds eQy sixe nionnths, if they shall finish y" worke & continue a garrisson there accordg to a fonti! order./
5° .• 4 M\
M' Steevens, beelnge legally made choyce of by y^ ffree men of y" towne 5 June.
of Gloster as theire deputy for y^ service of this howse, is admitted a mcnib''
thereof, nofw"'standinge any priuate drences fiiUen out (since his ellection)
bctweenc y' church & him./
It is ordred, that M' Winthropp, o'' Dept GoQner, shall haue alowed ^y both
howses.
him one hundred pounds for his last yeares service as Goiiner./
It is ordied, that Boston shall haue libty to cutt & carry from any of y^ couion lands of Nantaskett one hundi-ed & liftie tonus of timber, to bee ym- ployed vj)pon y" ifortificacons att Castle Hand./
It is ordi-ed, y* y* Courte of Elections for y^ yeare next ensueinge shall M-^gs" cont. bee att Salem/
It is ordred, that all y" countrys stocke (except greate artillary) shalbee Mag-" cent. devided into y' three sheires, (Norfolke to bee layd to Essex,) accordinge to y° last coixntry rate, (ye Castle beeinge first pvided for,) & y" small artillary to bee kept in one place of each sheire, alhvayes ready fixt, and y' some men of each sheli-e bee deputed to see to y" pformance of y"^ order, & to giue se- curyty for y" stocke, & to bee accomptable for it as y'' Courte shall require./
6: 4 M\
It is ordred, that George Norton, as theire ser**, shall exercise the 6 June, trayne band att Gloster. (By both howses./)
It is ordred, (att y*' request of y^ freemen of Gloster,) that Thomas Agreed. Smith (in y" roome of M'' Steevens) is appoynted one of the three men of y* towne to end small controiisies./
It is ordred, that all inhabitants ^^■"'in this jurisdlcon, aswell seamen Agreed.
THE RECOr.DS OF TTTE COLOXY OF
G44.
G June.
Agreed.
[*5^]
By both bowses.
as others, arc to haue coiiiplcate armcs In tliclr howscs, (accord to order) all- ■\vayes ready fixt for service./
It is ordred, vppon y* request of Jn" Gore, that his ser*"", Thomas Eceves, hath his libty & freedoine grauutcd him, haueing biiin faithfull to his in iu liis place./
*It is ordi-ed, that Marble-head shall make choyce of one amongst them, whoe shall exercise y" rest of y* inhabitants thereof in marshall discipline, y' soe they may not bee to seeke when spetiall occasions call for theire assistance./
It is ordi-ed, that M' Wheelewright, vppon y* acknowledgm** of his evill cariages, & y^ Courts justice vppon for them, hath his banishm*" taken offe, & is reced in agayne as a memV of this colony./
By both howscs.
7: 4 M% 44.
It is ordred, that Liften'" Sprauge, Francis Chickeringe, Steephen Kingsly, Tho: ISIekins, Wiiim Hillton, Joseph Batchclo'', M'' Stceveus, Wittm Ward, Liften'" Howard, Wiihn Eastowe, Tho' Brooke, Liftent* John- son, & Joseph Meadcalfe, are chosen a coiiiittee to examine y* booke deliQed in by M'^ Bellingham, & compare it w'^ y' booke of records, & returne theire objections & thaughts thereof to this howse in wrighteinge./
It is ordred, that it shall & may bee lawfull for y'= deputies of this howse to aduise & consultt w"" theire elders & ffrcemen, whoe are desii-ed to take it into serious consideraoon, whether God doe not require of all y* inhabitants of this colony, that they alowe as to therre mag*''', soe to all other y' are calld to country service, a pporconable alowance & mayntenance an- swerable to theire seQall places & ymploym'', amially or other■\^ise, & vppon w' grounds, & they are further desired to send in theire thaughts & de- terminacons in wr'ighteinge at y" next Gciilall Courte./
Voted : The bowse is adjourned (after this night) till y*" next second day att one of y" clocke./
10": 4 M\
It is ordred, y' noe Indian shall cone att any townc or howse of y" English (w"'out leaue) vppon y" Lords day, except to attend y" publike meete- ings ; neither shall they come att any English howso vppon any other day in y" weeke, but first shall knocke att y" dore, «& after leaue giuen, to come in, (& not otherwise ;) and if any (hereafter) offend contrary to this order, y" con- stable, vppon notice giuen him, shall bringe him or them Indians, soe offeiul- ingc, to a magestrate to bee punisht accordg to his offence./
Whereas it is y'^ earnest desire of this Courte, that these natines I iimongst whome wee line. & whoe banc submitted thcmselues to this goQin'")
THE MASSACHUSETTS BAY IN NEW ENGLAND.
should come to y" good knowledge of God, & bee brought on to subiect to y" 1 G 44.
scepter of y* Lord Jesvs, it is therefore ordred, that all such of y" Indians * ^ ^
as haue subjected tliemselues to o' goflm'" bee henceforward enioyned (& y'
they fayle not) to meete att such seQall places of appoyntm** as shalbee most
convenient on y" Lords day, where they may attend such instrucon as shalbee
giuen them by those whose harts God shall stirr vpp to y* worke ; and it is
hereby further declared (as y« desire of this Courte) y' those townes that
lye moit conuenicnt to such places of meetinge of y" Indians would make
choycc of some of thcire brethren (whome God hath best quallified for y'
worke) to goe to them, (beeinge soe mett,) & instruct them, (by y" best inter-
priter they can gett,) y' if possible God may haue y° glory of y° conQsion (at
least) of some of them in y^ vse of such meanes God giues vs to afoard th[em]./
*It is ordred, that Lynn Village shalbee calld Reddinge, as j^ desu-e of [ *6^ ] y^ ffreemen thereof./ By both
Thom^ Dyer hath lifcty to kccpe an ordinary att AVaymouth, & to ckawe ^ ^^^^^ & sell wine./ ^°^^^^-
It is ordi-cd, that Capta Hawkins, M'' Glover, M'^ Mayhewe, Ensigne Tomlins, & ^1" Steevens are chosen a coiiiittee for y^ di-aweinge vpp of an order about shipp carpenters, (respectinge thcire ingadgm's to those y' imploy them./
Capta Hawkins (vppon his request) hath libty from this howse to attend his owue vrgent occasions till y" next fifte day att night./
ir: 4 M.
It is ordred, that o' p>scnt Goilncr shall haue twcntie pounds siieedyly i' ^^^^<^-
_ ... By both
paid him, in pte of y' some y" country shall alowe him for this his yearcs howses. service ensueinge./
It is ordred, that JSI"' Speaker, Capta Cooke, & 51' Dummcr are chosen a coiiiittec to consider of & to drawe vpp an order to ^vent the members of this howse from discloseinge any of y" priuatc buisnesses thereof abroade, as alsoe to di-awe vpp an order for y* p>ventcingc of fake rumo" vi^^ arc to fie- quently spread w'^n this jui-isdicon./
It is voted, that Thomas Mekins, (one of y'' dep*s of y'' towne of Brayn- tree), att y" request of y" towne, is dismist this Courte./
It is ordred, that o'' last comissioiis for y° Vnited Collonys doe make returne of thcire coinission to this Courte./
It is ordred, in answere to y° petictin of Xpofer Hussie, & 18 others of y* inhabitants of Hampton, that M"' Bellinghara, W Soltonstoll, & jM"' Broad- streete are a coiTiiltcc chosen to examine ik to judge of y'' drcnecs betwccnc
THE PvECORDS OF THE COLONY OF
1 G -4 4. y^ iiiliabitants of Hamilton. The same answere is likewise giuen to two other ■~ '' ^ poticous from y" inhabitants of y" same towne, vppon y« same drences./
It is ordred, in ans"" to Lifte'" Howards peticon, that his charges alowed hhn, to bee pd him by y'" toMne of Hampton, bee forborne vntill y" foregoe- inge coiulttec of mag"" doe end y' drences bctweene y*^ inhabitants of the said towne./
The petiuon of Edw: Gardii is answered by dcclareinge it to bee y" mlnde of this Courte, that hee ought (by vertiie of his place) to take sucli fines as are alowed by y' Coiute for y' neglect of y' order y' cnioynes townes to pvide for y" makeinge of saltpeeter./
It is ordred, (in ans"' to the peticon of M"' The : Venn,) that there shalbec as much land graunted to y* said peticoii) as may answere y*^ soine of money w'^'' hath (by his father) bin putt into the countiys stocke, or accordinge to y" j)porc6n of others, and y' Avhen y^ soiiie of money is made knowne to this Courte, w"" power from his father to demaund & receaue y^ same./ [*7''.] *It is ordred, fin ans"^ to y' peticon of y" towne of Exeter,) that Sam"
Grecnefeild is denycd to di-awe wine vntill y" Courte haue a more full «&; sattisfactory informacon of him ; as alsoe y' it is not thaught meete y* Rich : Bullgar should bee there liftcn*" vntill further informacon bee giuen to this Courte of y" said Bullgar, in y" mcauc time hee to exercise the trayne band as there ser'^/
It is orched, (in aus'' to y*^ pet icon of ptc of y'' inhabitants of New- bcry,) that noc village or towne shalbce erected w"'in the bounds of y' said towne vntill such time as y"^ pcticofi' bge ans'''^'' by way of coiiiission or oth- erwise./
It is ordred, (in nus-wcic to y"" peticon of Jose^jh Annitage,) that M' Ottlcy shall pay hiiu y*" vnipidgc graunted him by M' Downeinge & M' Hawthorne, whoe were men chosen to end drences betweene them./
It is orched, (in answere to y" peticon of Wiihn Bridge,) that this Courte thinks not mccte to graunte land to any vppon such consideracdns therein cxgist, but advise such to looke after newe plantacons./
It is ordred, (iu answere to y" peticon of Adam Ottley,) that (forasmuch as this Courte conceaucs y* said i>cticoner will not bee advantaged by graunte of his peticon concemeinge his deske of a reveiwe of y^ drences betweene him & Joseph Armitage) it is thaught meete y' hee should stand to y° vmpidge of M"' Downeinge & M"" Hawtherne./
It is ordred, (in answere to y" pctictin of Edw: Michcllson concemeinge y^ fortle pounds hee owes y' country,) that whatsocQ hee (y'' said peticbiii) can make to appearc vppon good ace", (w'^'' hath not bin formerly accomptcd for,)
THE MASSACHUSETTS BAY IN NEW ENGLAND.
hee shall hauc y' soiiie or soiucs abated of y^ said fortie pounds, & y' the said 16 44. peticbner pay in the rest accordinge to his engadgm**./ " '
It is ordi-ed, (in answere to y' peticon of Josuali Hewes, as agent to M'^ Josuah Foote,) that M' Heues (as agent to M' Foote) may attach M' Fox- crofts estate in y" hands of his agents, M'^ Treasurer Tinnge & M' Dauid Yale, & pceed to judgm*« ; and vppon execucon graunted him, (if M"' Fox- crofts said agents shall not accordingly make full sattisfacon,) that then they shall declai-e to y' Courte, vppon oath, w' estate they haue in theii-e hands of y* said M' Foxcrofts, when the attachm** was served./
*Jtt a Gennerall Courte of Elcccon, if 14th 3 31% 1645, begunnc, 164 5. Sf held, 8r continewed at Boston, if 3'\ 4^ %■ 5 Mo"". ""IT^^
Elected by y'' fFreemcn for y"" yecre cusewinge : — L 'J
Thomas Dudley, Esc|>, Gou''no'", John Winthroji, Es^, Dep' Gou^no',
Assistants, John Endecott, Es^, S'g"' Majo'' Gennerall, Herbert Pellani, Es^^, Richard Bellingham, Es^, Rich Saltonstall, Escf, John Winthrop, Jun"", Gent., Simon Bradstreete, Gent. , Increase Nowell, Gen'., Sec'., W™ Pinchon, Gent., Thomas Flynte, Gent., W" Hibbings, Gent., M"^ Sam : Simonds, Gent.,
Richard Russell, Treasu''e''.
The dep'' sent by each toune w"'iu this collony to attend y^ buisnes of this Courte arc : — Salem : M"" Hawthorne & M' Hen: Ba'tholmew. Cha^lestow : Lef^ Sp''auge & Tho : Lyne. Do'chesf : Lef* Duncomb & Lef* Athe'ton. Bos'on : Maj""^ Gibbons & Cap' Keayne. Roxbury : Jo : Johnson & W"' Parks. Wa'enow : Cap' Jenison & Lcf Mason. Lynne : Caji' Bridges.
Cambridge : Cap' Cooke & ]\P Shepheard. •
Ipswich : M'' Hubbard & Josep'^ INIedcalfe. VOL. III. 2
10 THE RECOllDS OF THE COLONY OF
Newbery : M'' Dummcr & M"' Eawson.
Weymouth : Lef' Tory.
Hinghatn : M' Allen & Josh: Hubbard.
Concord: Lef^ WiUard.
Dedham : John Heyward.
Salisbury, M"' AVinsley.
Hampton : Cap' Wiggin & Lef^ Howard.
Rowley : M' Carleton, ISIath Boyce.
Braintree : Sam : Basse & Peete Bracket.
Sudbury : Edmond Goodenowe.
Douer : William Heath.
Strawberry Bancke.
Glocester : M'' Prichard.
Woobourne : Lef Johnson.
Wennham : M"" Sparowhauke.
M"^ W" Hawthorne, one of y* Howse of Deput', was by them chosen their Speaker for this session.
bowses.
Speaker.
[*2.] *TTT is ordered, y' y" Maj" Genne''all for y time being shall haue like
I
comission vnder y" seale of the collony y" former Majo"^ Geniill had.
By both honses.
By both Itt is ordered, y' Maj"' Edward Gibbons shall take order to send two shal-
owses. lopps furnished w"' men, to goe, according to y* Courts appointment, fo'' y'
discoiiy of what y* shipp y' lyeth hoQing about these coasts is, & whence, &c.; the ehardges to be defrayed out of y" custome of wyne.
Voted. M'' Ca'leton, Mathew Boyce, W"" Pa-'kes, Joseph Medcalfe, & LeO Atli-
erton are chosen a coinittee to consider of y* seiiall peticSns deUuered to them by this howse, & to retourne theii- thoughts & conclucSns thereabou'" indorsed on y° back side of each petiuon.
By both Itt is ordered, y' y^ Maj°' Generall, Cap* Cooke, & M'' Shcpard drawe
vp a coiuission fo' M"' Allen in refFerence to y'' message he is designed to by y" Courte, cone" y" shipp on y« coast.
M"^ Bartholmew, John Johnson, Lef* Spraugc, M"' Winsley, & ^I'' Hub- bard are chosen a coinittee to conside' of y^ best wayes & meanes to destroy y° wolves w"^*" are such ravenous cruell creatures, & dally vexatious to all y° inhabitan'^ of y' collony, & to fPsent their thoughts & concluoftns therea- bouts to this howse.
Itt is dcsu'cd, y' o"" honno'cd magis'' would be pleased to make choyce of some of themselves to joync w"' Cap' Cooke, Cap' Wyggins, and Lef^ John- son, who arc chosen by y' dcpu's to be a coinittee to consider of such cases as may admittc of ajipcalcs, y' thereby pvicon may be made for y' releife of y" subicct in such cases as mav ft'all out of this nature.
THE MASSACHUSETTS BAY IN NEW ENGLAND. H
An oath to be administred to y" su'^vcyo'' of leather. 1 G 4 5.
Whereas yo-w are chosen an officer for y* su''veying & sealing of leather ^^"^ '
w*''in y" towne where yow now dwell,- for y° space of a yeere, & vntill new ev both be chosen & sworne in yo' roome, .yow now sweare by y« eflllvinge God, ''°"^'^^- y' yow will carefully & dewly attend y* execution of yo'' said office w*'' all fiiithfuUnes for y* good of y' coiuonweale, acording to y" true intente of y° o''de''s in such case provided. So helpe yow God.
Itt is ordered, y' M"" Speaker, Majo'' Gibbons, M' Dummer, Lef Dun- By both comb, & M' Sparowhawke shall joy new*"^ o"" honno'ed Dep'^ GoQn"', M'^ Brad- ^°"'^''^- streete, & M'' Hibbings as a coinittee to consider of some way whereby y' negative vote may be tempered, y' justice may have &ee passage, & y' y« retoume of y® coinittee be ^sented to y" consideration of y° Courte.
An oath for y" Asistants. * Whereas yow are chosen to y* j^lace of Assistants ouer y' ju'isdico for [*3.] this yeere, & till new be chosen & sworne, yow doe heare sweare, by y« livuige By both God, y* yow will trewly indevo' acording to yo' best skill, to cany & demeane yo'self in yo"" place for y" said time acording to y" lawes of God & of this land, for y« advancement of y° gospell & the good of y" people of this plantacon. Yow shall dispence justice equally & impartially, acording toyo' best skill, in all cases wherein yow shall act, by virtue of yo' place ; yow shall not witting- ly & willingly exceede y^ limitacbns of yo'' place ; & all this to be vnderstood during yo"' aboade in y' jurisdiccou.
Rob' Tm-ne"" is graunted his petiGon, vizj : to have sixteene pounds therein By both mencSned, pvided y* it be not formerly disposed of to any other.
M"" Shepheard, Cap' Bridges, Lif? Willard, M"" Eawson, & M"' Prichard Voted, are chosen a coinittee to drawe certaine bills for possitive lawes, as agn' lying, Saboath breaking, swearing, drunkcncsse, &6., & ipsent w' y»y shall doe there- in to this howse.
In ans'' to a peticon of M"' Rob' Harding, itt was ordered, y' he should By both be allowed twenty shillings for his journey to y" Na'agansetts.
Pomhom & Sacoronoco complayning to vs y' many Indians dwelling By both twenty miles beyond them (being freinds & helpers to y" Narragansetts in their f sent warres w"* Vncus) are come vpon their land, & have planted vpon the same ag°' their wills, they not being able of themselves to remoove them, & therefore desii-e o' counsell & helpe : wee therefore advise them to send a messenger to y' sachem of those intruders, to come to vs, and give an accompt
12
THE RECORDS OF THE COLONY OP
[*4.]
By both bowses.
By both bowses.
of such his intrucon. If he refuse to come, then wee would have our mes- senger chardge them to depte from Pomhams land, w'''' also if they refuse, then wee shall accompt them as enemyes.
Itt is ordered, y' Cap' Perkins, Lef* Tory, & John Whitman doe end smale cawses for y" toune of Wcimouth, & they have authoritye from this Courte so to doe, acording to order.
M"^ Samuell Dudley, INI' Winslye, & Ro'^' Pike are appointed to end smale cawses for y" toime of Salishmy for y" yeere ensewing, & have author- ity from this Courte so to doe, acording ^ order.
Edward Burcham is appointed clarke of y° wrltts for y" toune of Lynne./
* Whereas it is conceaved that y" trayning \]) of youth to y'^ arte & prac- tize of armes willbe of great vse to this countrye in diuers respects, & amongst y" rest, y' y^ vse of bowes & arrowes may be of good concernement, in defect of pouder upon any occacon, itt is therefore ordered, y' all youth w"'in this jurisdiccbn, fi-om tenne yeeres old to y^ age of 16 yeeres, shall be instructed by some one of j" officers of y" band, or some other experienced souldier whom y« cheife officer shall appointe, vpon the vsuall trayning dayes, in y'' excersise of armes, as smale gunnes, halfe pikes, bowes & arrowes, acording to y'^ dis- cretion of y" said officer or souldier, provided y* no child shall be taken to this excersise ag°' their parents minds. This order to be in force w"'in on: month after y^ publicacbn.
Sa^'g"' Majo' Genii" Endecot, M"' Bradstreet, & M'' Elynt, M' Hauthorne, Cap' Cooke, & Cap' Jennison are appointed a coinittee so to examine y" Hing- ham buisnes as to applye y" seuerall deposicons to y* seuerall cawses heard, & accordingly to state y" case, & to take any further deposicons y' shall be ten- derd in this case of ]\P Allen, or any of y'^ pcticone''s of Hingham, y' so there may be a more orderly pceeding to an issue.
James Penne hath license graunted him to drawe wpie, so long as he keepes entertainment for y^ Courte in Boston, either at y" howse Avhere y" Courte now sitts, or where they shall sitt hereafter.
Itt is ordered, by y* authoritye of this Courte, y' all shipps from any of y* portes of our native countrye, or elcwhere, coming peaceably, shall have free accesse into our ha'bo's, & pteccon heare, if they pay y' deutyes & chardges required by lawe in the countrye, as others doe.
M"' Noyce, Walte' Haymes, & W" Ward are appointed to end smale cawses for y' toune of Sudbury for y' yeere ensewing, acording to order.
Itt is ordered, y' M' Bradstreete & M' Hawthorne shall have allowed to them out of y° next countrye rate w' y''^ have not rec'' of y" 12* IP 0'* expended vpon their jo'ney to Conectlut, \\z^. : by M' Bradstreet 6' 8" 0'', &
THE MASSACHUSETTS BAY IN NEW ENGLAND. 13
by :M'- Hauthorne, G* 3^ 9'^ ; M' Bradstreete having rec'' S\ & M' Hawthorne 10 4 5. 2* 14' of y® said sommes. "~ v— — '
The peticbners about y' cargo of y" shipp Rainbowe being come to an g^^. j^,ijj^Q,^. agreement amongst themselves, & having given security to be responsall, as y'' By both Courte shall order vpon the tryall, for what shallbe dehvered to them, y* so y" wynes may not suffer damage, their peticon was graunted.
*Att y mocbn of John Johnson, gennerall s^'veyo'" of y" armcs, his howse [*'5-] being lately burnt, some papers w'''^ he was betrusted w"', of concernement to •'■ J°''"^°"
° J ' ^ ^ ' house burnt.
y" countrye, very hardly escaped, itt was ordered, y' a receipt he had vnder y* hands of M'^ Stephen Winthropp should be trewly coppyed out & recorded by the clarke of this house ; w'='' is
Eeceaved of 51'^ John Johnson, s^'veyo'', one bond of Cap' Israeli Stough- ton, by W'' he is indebted 248* ; also, receaved a bill of exchange of M'' Ed- ward Ting, of sixty three pounds, eight s., & nyne pence.
Boston, Decern 9, 1644. STEPH : WINTHROPP.
Itt is ordered y' y" Gennerall Courte shallbe adioiu-ned till y" 3'' day of By both y* weeke at noone, being y* 10"" day of y* 4"* month, 1645.
"Wliereas coiuission was graunted, by order of this Courte, to Herbert Concord & Pellam, Es^, M"^ Thomas Flynt, Left "Willard, & Peeter Noyce, in nature of -^ ^ ' a cofnission of sewers for y" better secureing & impvinge of y' ground vpon howses. y* rluer runing by Concord & Sudbury, itt is now declared, y' y* intent of y" Courte was, y' if all y* said coiiiissioners should not meete vpon any occacon, yett any three of them might pceede acording to y'= said coiuission.
This Courte being sencible of y" many publicke iniployments y' y" ma- By both sri''^ are called to, w* dayly encreaseth, & w* necessai-ily occacons much
& ' ... Assistants al-
expence of their time, to y* piiudice of their familyes & estates, knowing lowance. y^ straitnes of things in y" countrye, & y" just care y' this Courte ought to take, to see y' none be vnequally bmthened, or chscouradged from doing ser- vice to y° countrye in such places as they may be called to, doe therefore here- by order, y' such as are chosen this yeere to y" place of an Asistant, & so those y' shall hereafter be chosen, shall have five hundred pounds estate allowed to each of them, rate free, both from toune & countrye levyes, for y" space of three yeeres. Provided y' in case any such Asistant shall be left out at y* day of eleccSn, or otherwise, w*in y* said terme of thi-ee yeeres, y' then such Asist- ant (so left out) shall not claime y^ benefitt of this order for so long time as he is dischai-dgcd of being a Asistant ; and y' there may be an ajquall, just, & impar- tial! hand carrved towards each toune in v*" bearing of v'' Asistan" said allow-
14 THE RECORDS OF THE COLONY OF
ance, itt is ffuitlier ordered, that all such toune & countrj'e rates as shallbe
ajqually & pporconably layd vpon y" estate of any Asistant, to y^ vallew of 500',
as aforesaid, shallbe paid out of y" treasury, by virtue of a tickett, to be sent
by y' constable of y* said toune, vnto y" treasurer, signed & subscribed by such
said Asistant or Asistants whom it may concenie, acording to y* true intent &
candid meaning of this order.
[*6.] *In answ' to M' Ro^' Saltonstall his peticon coucerninge his title to land
By both in Water Toune is, y' y" Courte conceaves y' y' order in y' peticon menconeil
R Saltonstall (^'^'^ ^* ^^ y* peticon dcsired tp be explayned) doth sufhciently explane itself,
claim to land y[^ . yt gr Richard Saltonstall shall have a true title to y« land in y« toune of
in WatertoATO. ^ •' .
Water Toune, w'^'^ he shall pve to have binn mowed by him or his agent 4 yeeres together, & no other.
Clerks of Com- Lef Johnson, Lef Duncombe, & Cap' Keayne are chosen a coiTiittee to
search y" Courte booke for all such orders as concerne y" clarkes office of y' milUtary companyes or trayned bands, to bring them into a modell, & to fPsent it to y'= howse ; also to rectifye y" clarkes oath av"' relacon thereto, & a bill for y" choise of s''g°' niaj"'''\
By botii It is ordered, y' o'' now honnored s'g"* majo'' generall, John Endecott,
„ Es^, for his service y" last yecre, in y" place of a GoQn', shallbe allowed out
Endicott com- of y" treasury 100', he giving security to repay w' he formerly rec"^ y'^ last pensated.
yeere of y^ last Treasurer, Av'i'in two yeere from this date.
Indian trade, M'' Speaker, Lef Duncombe, & John Johnson are chosen a coinittee to
jopie w"^ some of y" magis" to consider of such obiections as will necessarily arise ag"' y" last Cou''s order about y'' Indian trade.
Com" on burn- Left Mason, W" Heath, & W"" Parkes are chosen a coinittee to con-
sider of y^ order for y' burning of grounds, & w' is to be rectifyed in it, & to psent theu- thoughts about it to y" howse.
Arms to be ac- Itt is Ordered, y' all such as received any coppyes of notes deliuered in
by y<= generall s'veyo'', of w' armes theu- tounes stands chardged w"», should send
liowses. in y« same, or trow coppyes thereof, to y° said s'veyo'', at Richard Faire-
banks howse, in Boston, w^'in a fortnight after y" sitting of y^ Courte.
Castle, propo- JMajo"^ Gibbous, Lef Atherton, & Cap' Jennison are apointed & chosen
in!!°"^ '^'^^''^'^ ' * coinittee to joyne w"" a coiiiittee of o' honno'ed magis'% to consider of y* seuerall pposicons retourned by o'' lionno''ed magis'^ in ans' to certaiue pposi- cons of y'= cap' Castle, also of y" coiiiission of y^ cap' of y' Castle, w' in it is to be rectifyed, & y' y"^y consider of y* store of armes & aiiiunitiou should be sent to supply y" garrison at y" Castle, & to ^sent their thoughts of each of [ '•] these to both howses.
petition of. ' *Iii answ'' to a peticon of Thomas White, itts grauntcd he should have full
THE MASSACHUSETTS BAY IN NEW ENGLAND. " 15
state & possession of y' bargaine made betweene himself & y" wyddowc Swifte, 16 45. of Sandwich, &d., except such as it may concerne, vpon notice, shall come in ''^ ^^ ' at y* next session of this Courte, & shew cawse to y° contrary. Itts fuithcr ^ ^J^ thought fitt y' if Thomas White should not enioy y" land, yett neccssaiy huwses. chardges as he shall expend vpon it should be allowed him vpon his accompt.
In answ' to M'^ Batchilers peticon, y^ Howse of Dep'" conceave it not Answer to M' meete to allowe him any thing, but leave him at his libertye to seeke his rem- edy at any of y« Courts of Salem or Ipswich.
Cap? Wiggyn, M' Shepheard, & M"" Careltpn are appointed a coiTilttee to Cora««« on pe- consider of j" peticons y' are brought in y' session, & piseut tlieii- thoughts thereabouts to y^ howse.
In answ' to John Russe his petic6n for 14% for fferrage for y^ magis'' Deputies. & depu*' to Dover «& Boston, itts graunted y' y* Treasurer shall pay it to y' j^J^.^^g said John Russe, & call for y^ one halfe thereof againe from y° inhabitants of Ferage. Douer.
In answ"" to y^ peticon of y" company at Nashaway, y^ towne of Sudbuiy Sudbury,
is graunted twenty pounds towards their finishing of their bridge, & way at y^
end of it, to be paid when they shall have made y* way passable for loaden
horse, pvided it be donne w'4n a twelvemonth from this time, 15 June, 1645. 15 June.
M"' Shepheard, John Johnson, & Capt Wiggin are chosen a comittee to Com"" on im- potent persons, consider of y^ lawe for y" disposing of inmates, & setUng impotent aged psons, or vagrants.
or vagrants, & either to rectifye it where it is defective, or drawe vp & jpferr a bill y' may answ'' y° expectacon of each toune, & y* whole countrye, y* efly toune may knowe w' may be their oune burdens, & f>vent multiplying of peti- cons to y' Cou''te hereabouts, & ^sent their thoughts herein to this howse.
Left Willard & Edmond Goodenow are dismist from y° occacbns of y' Deputies ex- cused. howse till second day next at noone.
The Courte appearing & sitting about y^ time to w'^'' it was adio''ned. court^nJeet
Itt is ordered, y' y" coiiiittee for y* Vnited CoUonyes shall be mixtly chosen, one magis''' & one freeman.
M' Allen & Joshua Hubbard are dismissed from y* occacons of y' howse till y° second day att night.
*Itt is ordered, y* y* s''veyo' generall shall enquire after y^ retourne of [*8-] y* bill chardged on M"' Stoughton for 248*, and also after a bill chardged on aJ^Tin^to"" M'' Edward Ting of 63* 8' 9"i, and if there be any ptests of them or either of "''^•'c report. them, to make retou'"ne of w' he hath grounds for in this respect.
Mnp' Gibbons & Capt Jennison are chosen a coinittee to confer w"" our Mortons tryal. honno'ed magis*^ about IM' ^Mortons peticon, & to vnderstand y* reason why he came not to his tryall y" last Q'f Courte.
16 THE RECORDS OF THE COLONY OF
16 June, 1645.
This Courte, considering y'= many difficultyes y' such meete w"^ y' makes pvicon for this Courte, att his mocon who now makes pvicSn for y' same for such pporcbnable pay to be made him out of y^ next country rate as may enable him comfortably to goe thorough y' w'^'^ he is called vnto, & may be expected from him, doe order y' w'soclir chardge for diet shall be expended for y^ time to come for y^ ^sent sessions of this Courte, it shall be satlsfyed by y* seuerall tounes acording to their sequal pporcons in catle, wheate, malte, «& bai-ly w^in 3 months from y" date hereof Sam' Bass ex- Sam: Basse is dismist from y* occacous of this howse till y" 3 day next
cuscd. o • •
at o m y" morning.
Quest" about In ausw"' to o"^ honno'd magis'' bill of quferyes about JNI"^ De La Tou'",
postponed. the depu'* couceave y* but few of y' elders meete at Cambridge this weeke, besides M'' Allen not being yett retourned, o'^ mayne buisnes being y« mak- ing of lawes & many other buisnesses now in transaccbn in Courte, they judge it not convenient to take this buisnes into consideracon at ^sent. Y' Cou't dis- The Howse of Depu'% vpon much serious debate, dissent from oui- hon-
at'i of y" clock iio''ed magls*^ in y= bill sent fro them for y® giving, or w'''' seemes to give them, in y aft'noone. ^j. j^^y ^f them, power to licence any coiiiand'^ of any vessells to make a power of com- figlit in o' harbo''s, & therefore desire a conference w* them for a more "ig""^"""^"^^" speedy issue herein.
The Howse of Depu'' cannot concur w"' o'' honno''ed magis'^ in their bill
to punish excommunicate ^sons.
[*9.] * Whereas y" soiiie of fforty pounds was by this Courte given to John
howses Johnson, generall s'^veyo'', w"' reference to y" service he hath donne for y"
Jn« Johnson to countrye seuerall yeeres past, & fo''asrauch as some pte of those monyes w""*
was assigned to him, (y^ Treasu^'e'" hath receaved,) itt is therefore ordered, y' y"
said John Johnso shall gather vp all those monyes formerly assigned him, (w'*"
y" Treasm-e'' hath not rec* or disposed of,) & w' it shall fall shorte of y" 40* he
shall receavc of y" Treasurer, provided y' he give in a just accomp* y* next
Coui-t of whome & how much he hath receaved of those moneyes formerly
assigned him.
Certain modes In o' Conference w"" o' honno'ed magis'% itt is agreed by y' Howse of
of procedure T->..nTiiT »— , ■.',
recommended Depu'« y' y= Speaker should moove y' some such course may be taken, & order for the Court to jji^de, as y' y® great artillery, by virtue of power therefrom, as just occacbn ing the artiile- shall psent, be made vsc of for o'' defence ; 2'-^', to mocon either a retourue of oiu- bills, or such course as may ^vent mistakes thereabouts ; 3'^, y' noth- ing be mooved by any member of this howse y' is not mencbned in y' recorde
account money r
THE MASSACHUSETTS BAY IN NEW ENGLAND. 17
of o'' conference ; & if any shall so doe, y' o'' Speaker shall make knoune to 1 G 4 5. y^ whole Cou'te y" determmacon of y^ howse in y' respect. ' "^ '
Itt is heereby declai-ed to all m's & o^vne's of shipps y' shall voluntaiily Regulation of come w"* shipps to trade w"" vs from any p'' abroade, y' it is y^ minde of this ''■■mcd vessels. Cou'te, & it is hereby ordered, y' no shipps, being \v"'in o' harbor, shall be suf- howses. fered to fight w"' any other shipp or vessell during the time of theu- aboade there, nor shall be molested by vs, except shoe give just ground of oifence, & leave graunted by y" state, or by such as y" state shall give coiuission vnto in y' pticule''.
The HoTvse of Depu*' cannot concurre w*"* o' honno'ed mags*' in passing Deputies & y* bill for j" countiy being credito'" where is not sufficycnt to pay such cred- difftHn^pin- ito" as shall first sue, & by suite recoQ on y" debto''. '°° °" ^"'*'-
The order for allowing 3 q^*^ of wyne or 1 bushell of Indian co''nc to any howses. Indian for y° killing of wolves is hereby repealed. Wolves, law for
•' ° _ _. killing, re-
Cap* Cooke & Cap* Jennison are chosen a comittee to couferr -w*-^ some pealed.
of o"" honno'ed magis*^ abou* y'' letter sent from M"' Haynes concerning Vncas lette™ ftorn'M'
& y° Narragansett. Haynes.
*Whereas great losse & damage doth befall this coinonwealth by reason [*10.]
of wolves, w*"" doe destroy so great nombe''s of o' catle, no'w*'^standing pvision 'Wolves, en- couragement hath formerly benne made by this Coiute for suppressing of them, and wee to destroy
both
about a worke of so great concernement, itt is therefore ordered, y* any pson, howses.
either English or Indian, y* shall kill any wolfe or wolves w"'in tenne miles
of any plantacon in this jurisdiccon, shall have for eQy wolfe by him or
them so killed, tenne shillings, to be paid out of the treasury of y" country,
pvided y' dew proofe be made thereof vnto y" plantacon next adioyning
where such wolfe or wolves were killed, & also y* they bring a certificate vn-
der some magis*' hand, or y* counstable of y' place vnto y' Treasurer ; pvided
also y* this order doth only intend such jDlantacous as doe con*ribute to pub-
licq, charge ; & for such plantacons vpon y° riuer of Piscataq, y* doe not joyne
w*'' vs to carry on publicke chardge, they are to make payment vjjon theii"
owne chardge.
And y lawe for allowance of one bush : of Indian come or 3 q"^ of
wyne to any Indian for killing of any wolfe, is hce'by repealed.
Seuerall inhabitants of y" toune of Hingham, to the noumber of 81, Hingham com- plaint.
Courts proceed-
they complained of, as of theii- libertyes being infringed, &6, amongst them, '"S- Joshua Hubbard, John Faulsham, & John Tour laying a chardge on y* Depu* GoQno"" ffor illcgall imp''isoning of some of them, & forcing the first w"" othc"
VOL. III. 3
18 THE RECORDS OF THE COLONY OF
1645. to give in bond w"" sueityes to appeare & answer at y next Quarte' Cou''te " '' "^ what should be layd ag°' him & them : the peticbn was read, & their request
16 June.
graunted that the whole cause should be heard & trycd. The ptyes above named laid their chardge above menconed on y'' day of tryall on John Wir- throp, Esq'., Deputy GoQno"', who gave his answer, whereon the Courte pceeded to judgmen'. Business mth That there might not any guilt lye hidden in y" seuerall carriages of the
the French ad- . i i i, i • i i i • i t
justed. French buisnes by sea or land w''° the country might become liable to ans"'r
for to God, this Comt hath ordered & doth appointe y honno'"ed GoQn' &
Left Atherton, M'' Pellam & Cap' Cooke, M"^ Saltonstall & M"^ Hauthorne, as
coiiilssion", & coiiiission is graunted them w"* powe"' to sumon -wittnesses
in their seflall shieres, & apte to examine them, searching ou' the tru'h of the
case as they shall see cawse, making their rep'e to the next session of y°
Genn'^ Courte.
Masistiates The Howse of Dep'% being at a stand for ^sent, & not having deter-
Hi'ngham're- mined any thing vpon y° Hingham case, doe desire o' honno''ed magis'*
quested. yt ycy -y^ould send vs their thoughts & votes vpon y* whole case, y' so Mee
may come to a more spedy issue thereof.
[*11.] *"Whereas truth in words aswell as in accoiis is required of all men, es-
Lj-ing, or pecially of Chi-istians, who are y* pfessed servants of y"" God of truth, &
spreading false
reports, pun- whcreas all lyeing is contrary to truth, & some sorte of lyes are not only sin- ishab e. ^^-^-[^ ("ag all lyes are,) but also pnitious to -f coinonweale & iniurious to pticu-
howses. ler psons, itt is therefore ordered, y' eSy pson of y^ age of discretion, w""" is
accompted 14 yeeres, who shall wittingly & willingly make or.publish any lye w'^'' may be pnitious to y" publiq, weale, or tends to y* daiuage or iniury of any pticuler pson, or w"^ intent to deceave or abuse y" people by Msc newes or repor'% & y" same dewly pved in any Cou''te or before any one magi''% who hath hereby power graunted to heare & determine all offences j^gDst t}^js lawe, such psons shall be punished after this manner : For y" first offence tenne shillings ; or if y* ptye be vnable to pay y= same, then to sitt so long in y" stockcs as y^ said Cou''te or magis''^ shall appointe, not ei?;ceeding two howers ; — ffor y" second offence, (whereof any shallbe legally convicted,) ye soiue of twenty shillings ; or if ye pty be vnable to pay, then to be whipped vppon y* naked body not exceeding tenne stripes ; — for y" third offence, fforty shillings ; or if y^ ptye be vnable to pay y" same, then to be whipped w"' more stripes, not exceeding ffifteene ; — & yctt if any shall offend in y" like kinde, & be legally convicted thereof, he or shee shallbe fined tenne shillings a time more then fonnc''ly ; or if y° pty so offending be vnable to pay, then to be whipped w"' 5 or 6 stripes more then fo''merly, not exceeding forty at any
THE MASSACHUSETTS BAY IN NEW ENGLAND. 19
time ; y" aforesaid fines to be levyed or stripes inflicted cither by y" nia''shall 1 G 4 5. of y' jurisdiccbn or constable of y'= towne where y^ offence is coiiiitted, acord- ' " ' ing as y' Cou''te or magis'' y' have iudged y* cawse shall direct ; & such fines, so collected, shallbe paid into y" treasurer of y' shiere where y" cawse is tryed ; & if any pson shall find himselfe greived w"" y'* sentence of any such magi*'^ ou' of Cou'te, he may appeale to y* nex' Cou''te of y^ same shiere, giving rea- sonable securitye to psecute his appeale & abide y* order of y° Cou''te ; & if y* said Cou^^te shall iudge his appeale cawselesse, y^ said appellant' shallbe dowbly fined or corrected by whipping as aforesaid, not exceeding y" former nomber of forty stripes, & pay y' costs of Cou''te, & of y" pty complayning or informing, & wittnesses in y« case ; and for all such as, being vnder age of dis- cretion, shall offend in lyeing contrary to this order, their pa''ents or m''s shall give them dew corection, & y' in y* fsence of some officer, if any one mag- is*" shall so appointe ; pvided also, y' no pson shallbe barred of his just accon of slaunder or otheruise by any pceeding vppon this order.
*Itt was resolved vpon y= quaestion by vote, y' y'^ Speaker is moderato'' of [*12.] y° Howse of Depu% (for y" time being,) & hath a castiuge vote, when it falls out to be an oequivote. Speaker al-
By y* dep*s, Capt Eob' Keayne, W'^ Parkes, contra dicentes.
Itt was resolved vppon j" qusestion, by vote, y' no member of this howse shall have liberty hencefo''wa''d to enter his contradicent to any vote y' shall Dissent to passe this howse in y absence of such members, when such absence is occa- ^^ ^^ '^^ coned by their oune p''ivate occacous. By y Uepo.
About Ilingham case.
Itt was resolved, vpon y" qutestion, viz., (Whether Anthony Eamcs was Anthony confirmed in his lefts office by authoritye,) that Anthony Eames was not mission not confirmed in his lefts oflice by authoritye. conarmed.
An eequivote of 16 dep'* being past in y' case, y^ lawe of liberty y' gives y" moderato"" a casting vote, cast it on y" negative pte to y* quaes?.
The rctou''ne of o' honno''ed magi^*-' to y" case. Affii-minge,
1. That wee finde y* Lef Eames was y" cheife officer of y* millitary Magistrates company at Hingham, when most of y® company refused to be trayned by Lieut. Eames him, aco'ding to y' advice of y" magis*^ in y" time of y"^ last Gennerall Cou''te.
The Howse of Dep'' assent to y'= magis'" affir-macon by 18 : contra di- centes 12.
Lieut. Eames again.
20 THE RECORDS OF THE COLONY OF
1 G 4 5. 2. Weo fintle y' y'^ GoQu'', Dep'y GoQii"", & IMajo"^ Gcmicrall allowed &
approoved him to be leP of y" same company w"" vnammoiis consent.
3. Wee fiude y' though he laid dounc his place, it was of no validity, it being neur allowed by authority ; & if it -were, yett he was chosen againe by y'' company of Hingham, & confirmed at y" last Gennerall Cou'te, by y^ counsell, for life, w"' y" consent of y'^ magis*', & by y'' warrant of y*^ majo' generall, to trayne them as their lef.
The House of Dep'", deviding y* S*! affirmacon into two scQall votes, to both pts they did dissent fro" o'' honno'cd magis'' affirinco.
To y* 1 pte, 17 discen', 16 concu''ring ; to y" 2"* pte, 15 disccn', 1-4 con- cur?, & 4 neu'. [*13.] *-!:. AFec finde y' x x reported y^ advice & direction of y' magis'^ to
many of y*^ company, in a private house, before y* trayning day, he delivered it sometimes contrary to truth, & sometimes in doubtfuU termes, though in y" hearing of some few he explayned himselfe ; but both he & others carrycd y° matter in such a manner y* most of y" company refused to followe Lef' Eames ; y" said Joshua Hubbai-d carryed away y'^ collo's, & put M' Allen to vote for their cap', who trayned a great pte of y* company y' day, & some dayes af- terwards, wholy reiecting Lef Eames, who informed y" company y' he was advised by authority to exercise y* company ; Joshua Hubbard told him openly it was falce.
The depu" concu're w* y« magi^'« in theii- 4"* afEi-macon.
5. Wee finde y' Joshua Hubbard, Dan : Cushan, Tho : Hubbard, Edm : Hubbard, W"" Hersey, & M' Allen were cheife acto's & occacbners of this disorderly & miitinous carriage, though some more guilty thereof then others ; also Edmond Gold spake words, w"' reference to this case, iustly deserving censure.
Consented to by 18 depu*^ ; dissented from by 15 depu'^ Compj refuse 6. Wee find y' y" majo' genneral being informed of this diso''de''ly & mu-
L' Eame"" " tinous Carriage, vnder y^ hands of 21 or 28 of Hingham, he sent Majo' Gib- bons to Hingham, w"" direction to require & command y* ofiice''s of y* said company to keepe their antient places, as also y° company to follow Lef Eames, & be trayned by him tiU y"= next Gennerall Cotfte, aco'ding to y" for- mer du-ection of y" magis'», vf^^ he, y" said maj'"', did dclifu- ; first by way of request, then by comand, both in j'' maj""' genne'^alls name & his o-s\-ne, w"^ yett, noV'standing, they refused to obey.
Consented to by 18 depu"; dissented from by 14, as y" form'', by reason of y" word mutinous therein inserted.
7. Wee finde Joshua Hubbard, Edmund Gold, Thomas Hubbard, & Ed-
THE MASSACHUSETTS BAY IN NEW ENGLAND. 21
monci Ilubliard were sen' for by warrant, & bound our by foure of y"' magis'* 1 (J 4 5. to v' next Q'^"' Cou'^te, to answere for tlieu- aforesaid miscarriages. '
•' ... IGJune.
The Howse of Dcpu*^ concu'r w* o'' honno'ed magis*^ herem.
8. Wee finde y' Joshua Hubbard being called forth to cleare himself, in y° j. Hubbard ex- church, of an accusacon for telling a lye, in y' he said authority advised Lef """'"^ " Eames to lay doune his place, John Towres wittnessd y' authority did advise him so to doe, & also said one magis'"* advised him so to doe.
The Howse of Dpp*^ concurr w*'' o'^ honno'ed magis*^ herein.
*9. Wee finde y' Jox Faulsham testifyed in y** church y' y'^ GoQn'' & [*1^-] Dep' GoQn"^ (y' now are) said y' y<^y gave y^ lef* no order to exercise y" com- ^^f„'^^|'o^'jj-''j" pany, nor had they power so to doe, (w"" words y' GoQ"^ & Depu* deny to have Foulshame. so spoken,; & therefore sent for y" said Foulshame to appeare before them, to answer for y® same, who, coming to y" Dep'', was required by him to put in band, to answer it at y* next Q'"' Courte ; who, refusing so to doe, was then dismissed ; but at a petty Cou'te, being required againe to put in band, & still refusing y^ same, was by y" Courte coinitted to prison.
The depu'^ concurre w"" o'' honno'ed magis'" herein.
10. Wee finde y' y' publicq. chardge & accusacon of John Foulshame & John Towres ag"^' y' Dep' GoQn'', y^ plhises considered, are cawselesse & vniust ; & y' some things in y* peticon & explanacbn of it are falce & scan- dalous, for w*^'' all y' peticoners ought to receave their dew censure.
To y« chardge by John Foulshame, of j^ Dep' Gofln', 14 depu" assent y' it is vniust, & 13 depu" dissent ; 6 standing neuL
To y' chardge by John Towres, of y^ Dep' GoQn"^, IT depu" vote y° negative, y' his chardge is not vniust, & 14 affii-me, & 2 stand neui.
To y' 3d clawse, whether something in y'' peticon & explanacon are falce & scandalous, 16 depu*^ concu''r w"" y* magis"*, 13 dep'^ dissent, & 4 stand neuL
To y" last clawse, for w'"'" all y* peticone" ought to receave their dew cen- siu-e, 18 depu'^ disceut therefrom, & 12 assent.
The some of y*' case in breife to be this : — By y magis".
1. That Anthony Eames was y' lawfull & setled left or cheife officer of y" Articles on millitary company of Hingham. L"^"'- ^'™'^-
2. That y' greatest pte of y" company did mutinously & disorderly refuse to be trayned or comanded by him.
3. That herevpon some of them were justly bound oQ to y* Q'"' Cou''te, to answer for their misdemeno'"s ; & others for their misrepo''ts, & countenancing of y" cheife acto's herein, were required to doe y" like, who, refusing, were by y'' Cou''te coiiiittcd to prison.
22 THE RECORDS OF THE COLONY OF
4. That y" fmisses being dewly & rightly considered, wee conccave y* jjeticbn is cawselesse & injurious, not only ag°' the Dejj' GoQn''s, but also ag°' other of y^ magis**, whom y" chardges therein contapied (& not pved) must necessarily reflect.
5. Yett, lastly, wee desire, as much as may be, moderacon be shewed in y* censure of y delinquen'% as y* case & nature of y* offences, allowing them thcu- iust pleas, (& allegacons,) will beare.
The magis*^ have voted hereto, & desire y" dcpu** to retou''ne their as- sent to this case, y' y''^ may pcced to consider of dew censur'^^ ag°' such as * have offended, scQally & respectively.
[*15.] * The collections of y'' Howse of Depu*^ (after y* Magis'*) fi'o y* retou''ne of y" coiiiittee, concerning Hinghm case. Hingham. 1. Wee finde y' LefEames did lay doune his place as y" cheife officer of
Ilinghm company ; & y' he did say he would neur lead y* company into y* feild againe, or to y' purpose.
2. Wee finde y' ISl"' Bellinghm did legally give advice to Lef^ Eames, -\-iz.: y' y* said Lef Eames should goe home, & goe into y" feild, & honno''bly lay doune his place. Cap' Eob' Kcayne contray dicens.
3. Wee ffinde y* it was not in y" power of y^ counsell & maj"'' by lawe to confirme an officer in j'* sitting of y« last Gennerall Courte.
4. Wee finde y' Lef Eames, not shewing his order, (being required,) was some cawse of this disturbance.
5. Wee finde y' Joshua Hubbard did evill in telling y* company of Hing- ham y' Thomas Mino"^ was cast out of y* Cou''te, w* in pbability did weaken his testimony, & might be some occacon of this disturbance.
6. Wee finde y' y^ Dep' Gofin' did offend in saying y' it was contrary to y" lawe of God & man to knowc their accusers before y" time of tryall.
The answer of y" Magis*'' to y" collections of y" De2)u'^.
1. If y^ meaning of these words in y'' first collection (did lay doiine his place) be meant orderly & legally, as lef*, wee assent ; but if it be meant -n-ill- ingly, so much as lay in him, w"" some other cawtion, wee dissent. Y" lat- ter pte, y' he would neur leade y'' company into y^ feild, or words to y' purpose, wee finde not sufficiently pved, being but one witncs, & he a ptye, viz., Foulshame.
2. To y' 2*, wee answer, y' w' advise M"' Bcllingham gave, acording to his aphcncSn, -n-hilc y'' matter was in agitacon, was not illegall ; but how legall or convenient it ^A-as to crosse }'' advise of y'' magis'% & his ownc also, or
THE MASSACHUSETTS BAY IN NEW ENGLAND.
23
whether it were so or no, wee rather leave, y' have heard it, to consider of, then positively to determine it, not being, as wee conceave, ptinent to y'' case as it concernes M' Bellingh.
3. To y' third, wee answer, y' wee formerly sent vnto yow 2 lawes, (viz.:) in 1636, 7 mo"" ; y« other in 1636, 10 mo"", whereby power was given to y° counsell to confirme milHtary officers in their places w*''out restrauiing them from so doing at any time or in any place. If any laws or order cann be shewed to take this power fiom them, wee desire it may be pduced, & wee shall rest satisfyed. But if there be none, (as wee beleeve there is not, be- cawse wee have searched & cann finde none,) wee then desii-e y' yow would be satisfyed.
*4. Wee answer, y' y« irregular requiring of Lef* Eames to shew his order, by a private souldier only, w"" y® lef^s neglect so to doe, might possibly occa- con some distiu'bance, & yet y'' Icf* blamelesse.
5. To y* fifth wee assent.
6. To y° sixth wee answer, if y« words (did offend) be meante criminally, wee dissent ; but if y' meaning be, he did erre & speake amisse in so saying, wee assent, but conceave he gave full satisfaccon when publiq.ly he confessed, y' if he so said, it was a mistake, he ouned it not being contrary to his iudgment.
The Magis'* desu-e this theii-e answ'' to y° Depu'= collections may satisfye them.
28 June, 1645.
The Howse of Dep'' did voluntarily enter into an oath of God, verbatim to y" oath in y* Courte reco'ds, to deale vprightly in Hinghm case, except Capt Keayne, Lef^ Atherton, John Johnson, Tho : Lpie, & W™ Parkes, who did take their oathes in y' case before y° magis*^.
Witnes, Increase Nowell, Sec*.
The INIagls*^ have by their votes fined y° psons after named, at such soiiies as hereafter are expressed, having binn as moderate, &, gonne as lowe as they any wayes could, w"" y° holding vjjp of authorityc in any measure, & y'' main- tenance of justice, desiring y'^ concurrance of y" Dep" herein, y* at length an end may be putt to this long & tedious buisncs.
1G45.
[ne.]
Joshua Hubbard is fined 20* 00' 00*
Edmond Hubbard, 05 00 00
Thomas Hubbaid, 02 00 00
Edmond Gold, 01 00 00
John Faulshame, 20 00 00
First.
Persons fined in Hingham
24 THE KECORDS OF THE COLONY OF
1645. John Towers, 05 00 00
"- '' ^ Daiiicll Cushin, 02 10 00
'''""■ W^Hersey, 10 00 00
M-^ Bozon Allen, 10 00 00
M' Peter Hubbard, y* first subscribed y peticon, . 02 00 00
All y* rest of y" peticon''s, being 81, out of w'^'' nomb are excepted
three, viz., M'' Peter Hubbard, John Foulshame, & John
Towres, y^ rest making 78, are fined 20' a peccc, y^ soiue
ofw^is 155* 10»
Wee have also voted, y' acordiug to y'^ order of y"= Genne'"all Cou'te, for so long time as theirc cawse hath binn in handling, y peticon's shall beare y chardge of y^ Gennerall Cou''te ; y" soiiie of vr"^ costs is to be cast vp & agreed by y^ Courte when y^ cawse is finished. [*17.] *The Howse of Depu'^ having issued y" Hinghm biiisnes before j'*judgmt
of o'' honno'ed magis*' (vpon y* case) came downe, they have herevnder ex^ssed their determinate censures vpon such as they finde delinquents in y"= case, (viz.) :
First. Joshua Hubbard is fined 20* 00' 00*
Persons fined. Anthony Eanies, 05 00 00
Thomas Hubbard, 0-4 00 00
Edmond Hubbard, 10 00 00
Daniell Cushan, 04 00 00
W° Hersey, 04 00 00
M"^ Allen, besids his pporGon w"" y'^ trayne band, . . . 01 00 00
Edmond Gold, 02 00 00
50*
The rest of y^ traine band of Hingham, y' have an £cc[uall vote allowed them by lawe for y' choyce of their millitary offiCs, are fined 55*, to be paid by sequall pporcon ; y° w"^"" said soiiies of 50* & 55* are laydc vpon y said delin- quents for y* satisfying of y" chardge of y" Courte, occaconcd by y^ hearing of y" cawse, in case y* said chardge shall arise to y" soine of 105* 00' OO'*.
The Dcp'^ desire y^ consent of y" ]\Iagis'^ herein.
The Magis" cannot, w^'ovit violacon of their consciences, agree to y" fine Debate on the of Lcf^ Eamcs, but are willing he should be admonished for his faylings, & HuiKhnm tram ^^^.^ j^j^ cliardges in this buisnes ; & though wee conceave y* seQall de- linquents doe deserve y" seQall fines wee ppounded, yett now a kind of ne- cessity lyes vpon us to yecld to w' wee cannot hclpc. If, therefore, y" Dep' Goiin"" may be pnoiuiccd innocent iu v,-' liath binn chardged vpon liim, & y"
THE 3IASSACHUSETTS BAY IN NEW ENGLAND. 25
peticone's cnioyncd to make publlccj, acknowledgm"'^ for y'' iuiury donne lilm, 1 G 4 5. wee shallbe content to yeeld to y^ Dejju'^ in y* rest ; though wee conceave f;irr *" '^ ' greater satisfaccon to be dew. If this may not be obtayned, w* only love & peace, together w* y* welfare of this coUony, forceth vs to yeeld vnto, wee then desire some indifferent arbitrators may be nominated, to whome y« cawse, for finall determinacon, may be deferred.
The Dep'" conceave y' all y* offcndo''s are in duty bound to acknowledge Courts further their offences so farre forth as in their oune consciences they shallbe convinced ; "P'"'""- but wee judge they are not to be forced to y* same, being othenvise punished. Wee canno' make a declaration of y» Dep'^ innocency, becawse wee know no rule of God nor any ^sident in any of our oune Cou'ts *for y* same; nci- [*18.] ther canne wee abate Lef Eames fine for y" reasons w"^"^ wee have sent, & others w"'', for brevity, wee omit ; & if our honno'"ed magis'^ be not satisfyed herew"', wee desire y' y''^ would be pleased to choose their arbitrators, & left vs vnderstand their names, y' wee may choose some to joyne w"" them, or if they please, y" Depu*s are content to put a finall determinaCou to it by a lott.
1 July, 1645. The Howse of Dcpu'% after conference by both howscs, being more then i July, willing to condiscend to their judgm'"^ so farr as their owne judgm'^ & con- sciences will give leave, y* rather y' love, peace, & accorde may raigne in o' clymate, w'^'' God hath genne^ally taken from all y' earth ; they therefore de- sire y' o"" honno'ed magis*= would be pleased to honno' them so f;irrc as to give them a favorable meeting, & concurrance in their second votes vpon their second cousidcracon, hcrevnder written : —
Wee fine Lef^ Eames, 05* 00 00
Joshua Hubbard, 20 00 00
Edmoud Hubbard, 05 00 00
Thomas Hubbard, 02 00 00
Edmond Gold, 01 00 00
John Foulcshame, 05 00 00
Daniell Cushan, 02 10 00
W" Hersey, 04 00 00
M' Allen, . . ' 05 00 00
M' Peetcr Hubbard, 02 00 00
Y" negative vote inforcs Lcf^ Eames fine to be 51 10 00 deducted. So then the soiuc is as in y'' nuug"*. 4G' 10' 00''
VOL. III. " 4
26
THE RECORDS OF THE COLONY OF
1G45.
[*19.]
J. Winthrop acquitted. Agreed to by
Commiss' ap- pointed. By both howses.
Persons to draw up laws in the sevcr.il
John Towrcs censure for liis delinqucncyc is, y' lie should bare his im- prisonmen', pvided he bare no other censure, either as peticoncr or otherwise.
The Howse of Depu*^ doe agree y' 53* lO"* should be layd vpon all y= peticoners by an aequall rate, by y^ pole, towards y^ payment of y^ chardge of y Courte vpon y^ case, excepting John Towres & y" rest of those delinqucn'% y' are fined as is above menconed, and y' y" said scQall fines & soiiics be paid by & rcceaved of y° delinquen** w^in 3 months.
The Magis*^ agree to these fines above menconed, all but for Lef^ Eames, whom wee judge to beare his oune chardge, & have an admonicon for laying downe his place w"'out consent of authority, & other failings.
*The Depu'^ doc concu're w"' o'' honno'ed Magis'^ last retou'nc conce''n- ing Lcf Eames, rather then nothing to be imposed vpon him.
The Genncrall Cou''te having very largely heard & debated a complaiute brought ag''^' John Winthrop, Es^, Dep' GoQn'', by certaine psons of llinghm, doe judge y' y" Dej^u' GoQn"' is legally acquitted of those things y' have binn complayned of, or layd to his chardge, & have therefore, & for their other offences, punished y"= said complaynants by seuerall fFynes, to be payd to the countrye, to y" somme of fForty sixe pounds tenne shillings j & for chardges of y'' Genneral Cou''te, fflffty three pounds tenne shillings ; whereof for y"^ Dep'^ Gofln"^ his clearinge wee desire j" country will hereby take notice.
John Winthrop, Sen"", Es^, & Herbert Pellam, Es^, are chosen & ap- pointed by this Cou''te coiiiissione''s for this collony, to meete w"' y'' coiiiis- sioners of y' Vnitcd Collonycs, in their next meeting, at Ncwhaven ; «& in case either of theis shallbe hindered by any pvidence, y' then Cap' Cooke shall supplye such defect. & if it shall happen y* there shall fall ou' any farther defect, by any evidence, y* then M"^ Ilauthorne shall supply such further defect y' shall so happen.
Itt is ordered, y' seuerall psons out of each county shall be chosen to drawe vp a body of lawcs, & ^sent them to y^ consideracon of y° Gcnne''all Cou''tc, at their next sitting.
For y" county of Suffolkc, o"" houno''cd GoQno'', M'' Ilibbcns, M'' Cotton, M"" Mather, Lef Duncombe, & M' Prichard are chosen a coiiiittee to mccfr, conferre together, & drawe vp a body of lawes, & psent them to y° next ses- sions of this Courte.
For y'' county of Midlcscxe. Hc'bc't Pclham, Escp, M'' Nowel, JPTlio : Shephcard, M"^ Allen, Cap' Cooke, & LeP'. Johnson arc chosen a coiTilttee to meete, conferr together, & drawe vp a body of lawes, & psent them to y" next sessions of this Cuurtc.
For y" county of Essexc, Kich Belliuglunn, Es(p, M' Bradstiocte, M'
THE MASSACHUSETTS BAY IN NEW ENGLAND. 27
Nath : Rogers, M" Norton, M" Warde, & M" Hawthorne are chosen a comittec to meete, confcrr together, & drawc vp a body of lawcs, & pscnt them to y" next sessions of this Cou'te.
*John Whittingham, gent., being ^sented to this Courtc by y* constable [*20.] of Ipswich, in y*^ name of y" millitary company there, as their leP, by them ^/ 'Whitnian chosen acording to o'der of Courtc, & S'"gn' Hewlett in like manner for their By both ensigne, they were both accepted of & confirmed in their places by this Cou''te.
In ansW to y* wyddowe Phillips peticon, itt is ordered, y' if y« pcticoner. Widow PhU-
1 .1 1 HI- lips petition.
w'" the guardians oi y children, w'" their consent, cannot agree to sequester g^ ^^^^^ such lands & goods as may secui-e wyddowe Howe, y' then y" judgm* given to liowses. y" ^vyddowe Howe shall be satisfyed acording to lawe in y* case pvided.
Edward Hutchingson, being fsented by y" Depu*^ of Boston to this Courtc E. Hutchinsoii
ensign.
as ensigne of y° millitary company there, was accepted of & confirmed in y' ^^ ^^^-^^ office by this Couite. '^o^^''^-
Lef To'^y is ai^pointed to take care of y'' company of Hingham ; to trayne By both & excercise y" trayne band there, till y" Cou''te take further order herein.
Itt is ordered, y' y* order about saltpeeter howses in each toune be pse- Order on sait-
cuted & quickned; y' Edmond Gardine' be allowed forty shillings for his ^yboth
paynes, by such as are delinquent' concerning y' order in y" toune of Ipswich, ''""scs-
The Howse of Deput" canno' consent w"^ o'' honno''ed Magis'^ in y° adiou''ne- Dcpnties dis- sent to ad- men* of y^ Cou'te till y« S"* day next come sevennight, aco^'ding to their bilf. joumment.
In answ' to y« peticon of W" Ting, Griffith Bowen, W-" Toy, cum alijs, ^y^^^^^ y* peticone's request is graunted, pvided y' y" pp''ietors be satisfyed by them for what damage may come to them by such a way ; & M"^ Glouer, Lef* Ath- erton, Edmond Goffis, & Edward Oakes are appointed a comittee to lay out y° way & judge of y* satisfaccon y^^ shall give to y° pprieto's.
Itt is o'ldered, y' o"" coiiiission" fo' y' Vnited CoUonycs shall contincw till y" next Cou'te of Eleccon, & till new be chosen.
Itt is ordered, y' a levye of 616' & 15" shall issue out iiom this Cou'te, l^y both
bowses.
to be raised on eQy toune, aco''ding to y" scii" propo''c6ns y' shall be deter- mined by y* coiiiittce who are sett aparte fo"" y' worke, they being one dep'^ of a toune.
Itt is o''dered, v' y® one halfe of each tonnes rate shall be paid into y'' trcas- A rate to be
' •' ■^ ^ J levied.
ury Av^'in 3 months, & y'' other halfe by y" end of y" 1"* month next ; & y' each toune may pay y* rate in catle, co'"ne, bevo'', or mony, as they please, so as, in their first pporcons, they observe y* order for y^ defraying y" expences of this Cou''te.
*Itt is o''dered, y' such catle as any toune shall pfier fo"" satisfaccon for any [*21.] pte of their rate to y*" Treasu''cr shallbc ap''izcd by two indifferent men, trqual-
THE RECORDS OF THE COLONY OF
ly chosen by y" Treasu''e'' & by y" toune ; & in case they agree not, an vmpire to be equally chosen by them j & y" p''izes of y" seQall graine y* Treasurer is to accep' from each toune arc : —
For wheate & ~j barly, at j
ffor pease & rye, at
S" 6J
for Indian ) co''ne, J
2' 8'
The pporCons of each touncs rate agreed vpon by y' comittec is as fol- loweth.
Hingham, Weimouth, . Braintree, Dorchester, . Eoxbury, Boston, . . Dedham, Concord, Water Toune, Cambridge, . Sudbury, Woobourne,
15* 00 00
10 10 00
10 10 00 43 17 06 37 10 00
100 00 00
20 00 00
15 00 00
41 05 00
45 00 00
11 05 00 07 00 00
Soiiia totalis.
Charles Toune
Salem, .
Lynne, .
Ipswich,
Newberry,
Rowley,
Salisbury,
Hamptton,
Meadfoard
Wcnnam,
Glocester,
55* 00^ 00'
45 00 00
25 00 00
61 10 00
23 00 00
15 00 00
10 00 00
10 00 00
07 00 00
03 10 00
04 17 00
616* 14' OG'i
18 Jane. E. Rawson clerk chosen.
R:ilcm to pro- cure drum- mers.
By both liowses.
18 June.
Edward Rawson is chosen & appointed cla'ke to the Howse of Depu'^ for one whole yeere, to enter all votes past in both howses, & those also y' passe only by them, into their booke of reco''ds.
Whereas this Cou'te is informed y' there is no drumme w'l'in y'' towne of Salem, whereby y" inhabitants thereof have no meanes of giving warninge one to another, or to other tounes, or farmes, by an alarum, vpon the approach of an enemy, the defect whereof may indanger y'= lives & estates of such as dwell there, as alsoc be very piudiciall to y" whole coiuon wealth, — this Cou'te therefore, taking y^ fmises into consideracon, doth hereby o''der, y' y" said toune of Salem shall pvide two good drummes, to be alwayes ready vpon occacon, for y" toune & band ; to be poured w"'in 3 wcckes, on y" penalty of 5*.
In y" case about y'' prisoner, y" Howse of Depu** conccave y' there is not time to hcare y" cawse & determine it, & therefore desu-e it may be refcri-cd
THE MASSACHUSETTS CAY IN NEW ENGLAND. 29
to y* next sitting of y^ Cou'"tc, & in y'' mcane time he may be sett awoike to 1 G 4 5. earne his livinge.
IS June.
•This Cou'te, considering y" continuall dainge's y"' places w'^'' arc most ^^^^^ free from feai-e of warre ai-e in, not being willing to be wanting to our oune ^_^^^^ j^.^^^ peace & safety by V neglect & not impving such meanes as God afToards vs Davenport to & putts into o"" hands, doe o''der & appointe Cap* Richard Davenpo'te, by all the garrison. y« meanes y' Courte allowes him, & y« five next tounes, fo'' y" keeping of a % both garrison, hath or shall affoarde him, doe his vtmost endevo'' to have y" seucr- all hutts for y* garrison finished w"' all speede possible, and also remoove y" old howse, & erectinge it into one or two howses fitt for such pu''poses, & in such place as y° coiiiittee of y" above menconed tounes -w"" himself shall thinke mos' meete to answer y" expectac6n of y^ country ; & y', assoone as ) " said Cap' Davenpo''te shall in any fitt measure have finished y* hutts, give notice thereof to y« seuerall constables of y" five next tounes, y' they may send to him their appointed garrison, as by order & warrant from tliis Court they are enioyned to doe, for y" acomplishment whereof this Cou'te orders y' Boston, Eoxbury, Charlies Toune, Cambridge, & Dorchester doe forthwith, at or before y« 1"' of August next, pay, or cawse to be paid, to y= said Rich Davenpo'te y'= soiiie of fhfTty pounds in wheate or other sufficyent pay as y'= Cou'te orders y*' next levye to be paid in, & at y" prize, viz, Boston fowerteene pounds, each other of y" fower named tounes nyne pounds, yv'^^ shallbe abated them ou' of their next country levye.
Itt is o''dered, by -f authority of y' Comte, y' all shippcs y' come for Vessels to cn- trading only from other ptes shall have fr-ee accesse into o'' harbo", & quiett j^g harbour, ridinge there, & free leave to depte w"^out any molestacon by vs, they paj-ing By both
bowses.
all such dutyes & chardges as others doe, requfred by lawe in y" countryc.
Itt is o''dered, y' these seven Frenchmen, viz. La Fortune, Columby, Frenchmen to
have provis-
Sainct Awbin, La Viollette, La Rosse, La Garenne, & Laviolette Swyssc shall ions.
By both
be allowed seven pounds in pvicon on y* countryes chardge.
Itt is o''dered, y' y' Treasure' shall pay Goodwife Hackbou''ne, for hir By both paynes shee hath taken this & y" last Cou^e, twenty shillings.
Itt is o''dered, y' Braintree shall be abated on* of theii- next lc\'y, for their Depu*s lodgeinge, tenne shillings & 8'^.
*Itt is o''dered, y' lette'^s shall be forthw"» writte & sent to y" coiriissione''s \*23.] of y' Vnited CoUonyes to desire their speedy meeting here at Boston, to con- By both ferre of such weighty matters as are thought meete by this Cou''te to be ^^^^^^^-^^^-^^^^ psented to them, whereby their determinacco' thereabouts may be pscntcd to summoned. this Cou''te.
Contra dicentcs : Rob' Bridges, ^\^'" IIautho'"nc, Natha Sparowhaukc, Bozo Allen, & Joshua Hubbard.
30 THE RECORDS OF THE COLONY OF
1G4 5. Hcncry Rust is appointed in M"" Pcckes roomc to rccorde maniiigcs,
' '* ^ births, & burialls for y*' towne of Hingham.
In answ' to a coppy of a letter directed to y" Assembly of Virginia in y" howses. behalfe of M'' Coggan, the Deput^ are willing y' when y counsell of y" coiii-
M^Cogganlet- pi^^^^alth shall have taken an accop' of y» coiTiittee about M"- Eaton's estate, y'
then they take cai-e for y' sending of a letter aco''dingly. Ralph Hci- In answ'' to y' peticon of Ralfe Heiwoode, of Salem, itt is agreed y' jNI'
_ Haw'horne & M"" Bartholmew, ingaginge themselves to pay three pounds
howses. for y" debt of y" sayd Ralfe Heiwood vnto y'= Treasurer w"'in fowcr months, y^
residcw of y" debt he owes y" country fo'' y" transpo''tacon of a child being remitted. Court trials. Itt is o^'dered, y' it shall not be in y'' power of any Cou'te to trye any
cawse y Gcnnerall Courte hath tooke cognisance of, w*''out some o''der from Drinking J° Gcnnerall CouHe.
ealths re- rpj^^ j^^^^ forbidding to drincke one to another is hereby repealed.
peal"^. ^ .X
By both Att y* request of y" inhabitants of Jeofferyes Creeke, this Courte doth
J, , , graunt y' y° said Jeofferyes Creeke hencefo^vard shall be called Manchester,
howses. ]\jr Broadstrecte & M'' Symonds are appointed to keepe Coii''ts att Doner,
howses. & Cap' Wyggyn, M' W™^ & M' Smith are appointed associatts to asist therein.
Ship Guilberts, Jn answ"' to y* peticon of Rich: Russell, Treasurer, concerning y* shipp
security given . . . « . «
for. Guilber's rep''isall, there appeariuge diuersitye of info''macon thereabouts,
(shoe being absen',) wee not being to heare & determine y" difference there- abouts, the Depu'^ desire y' y"* niarchants w"'' tooke y° said shipp in rep'isall be speedily called & cawsed to give in sufficient seciu-itye to be responsall therefore in case, &6, and y' y® said securitye be ^sented to this howse before any further pceeding. Salem courts Itt is Ordered, y' y* Cou''ts of Salem & Ipswich bo kcp' by those magis''*
& other psons y' kep' y^ same y* last yccrc aco''diug to fo^'mer order, & till y" Gcnnerall Cou'te in Oc'ober next. [*24.] *Itt is o''dcred, y' o'' s'^veio'^ gcnnerall tS: AV" Parkes shall requii-c y*"
Surveyor gen- sixty three pounds eight shillings & nyne pence dew to y° eountrye from M"" debts. Edward Ting, & vse all legall wayes & meanes for y« speediest rccouciy
Voted. thereof, & lay it ou' & pm-chase powder w"" it, & deliuer it for y" countryes
vse to y° coiiiittee appointed by this Cou''te to secure y" countryes store ; & ffurther they shall take care for y* calling for & securing of y" countryes debt in ]\I" Stoughton's hand, when y'^^ shall have full info''macbn thereabou's by y" next shipp. Tho- Layghton At y" request of y" toune of Lynne, liberty & licence is graunted by this
Cou''te to M"' Thomas Layghton to drawe wyne for y' toune of Lyiine.
THE MASSACHUSETTS BAY IN NEW ENGLAND. gl
M"^ Thomas Layghton, Edward Burcham, & Thomas Puttman are ap- 1645. pointed by this Cou''tc to end smale causes fo"" y" towne of Lynnc for y" yecrc "" '' '
18 June.
Hugh GriSyn is appointed clarkc of y'= wrltts for y' towne of Sud- '° '^^^ small bury, in y" roome of Walter Haymes. H ^^.^^^^ ^j^^,^
M' Woodman, M' Jo : Lowle, & Eich Knight are appointed to end "^ ^"'*^- smale cawses for y* towne of Newbery for y"= yeere ensewinge.
M'^ John Russell is appointed clarke of y" writts for y" towne of Cam- J-Russcli clerk
of writs, Cam- bridge, bridge.
Philemon Dalton, at y'^ reques' of y* toune of Hampton, is authorized & appointed by this Courte to marrye there such as are dewly published aco'"ding to lawe.
M' Eich Brouue, Lef Mason, & Ephraim Cliilde are appointed to end R- Brown to smale cawses for y'= towne of Water Towne for this yeere ensewinge. causes in Wa-
Hugh Caulking, Thomas Smith, & Obadiah Brewen ai-e appointed to end '^'''°""-
° ° ' i'l The" Smith,
smale cawses for y'= toune of Glocester for this yeere ensewing. small causes,
Lef Mason, W™ Heath, & W™ Parkes are chosen a coinittcc to consider „ °"''^^^"'-
Committee on
of y' o'der about burning of grounds, & what is to be rectifyed in it, & to burning psent their thoughts thereabouts to this howse.
The House of Depu'^ doe concu''rc w"* o' honno''ed magis'" y' some iron works, publicke notice shall be given to y^ country of their liberty to joyne w"' y" vndertake''s of y* iron Avorke if they please.
*To y^ E' Honno''able y" Lords & CoiTions of y" High Cou'te of Parliam' [*25.] in y* kingdome of England. Address to
Parliament
The humble petlcon of y'= Massatusetts, in N: E: Humbly sheweth, —
That, whereas a shipp of Biistoll, called y^ JMary, being peaceably trading in o'' harbo% was surprized by Cap' Stagge w'^out our licence or privitye, & whereas, being called to accomp' for y" same, he shewed vs a coinission from y" authority of this high Cou''tc to take any shipps belonging to Bristoll, &c^, by ocacon whereof, ou' of y* dew respect to y= honno''able Cou''tc, wee thought not fitt to contend w'*" him, but only pmitted him to carry away y^ said shippe. But so it is, y' M"^ Hugh Broune & M"' Philip Jackson, m'chants of y« same, being men, as wee are informed, well affected to y° king & Parliamcn', are hereby much weakned, & both themselves & diQs others arc also dis- cou''adged from sending any fu'^the"' suply vnto vs, whereby wee are like to be much distressed for want of such necessary coiiiodityes as they were wont for many yccres to send to vs : may it therefore please this high C«u''tc to
32 THE RECORDS OF THE COLONY OP
1 G 4 5. take this cawse Into serious consideracon, & so to tender y'' great losse of y" '' said marchants & y° interruption of our trade by this meanes, as it may be de-
clared by some acte of y" same, y' no such attempt may be made hereafter vpon any shipps in o'' harbo", or of any of our confedaration in N : E : & y' such incou''agcmcnt maybe given to y" marchants of y" citty of London or ■ other places for supplying vs in dew time as to y"^ wisdome of this high Courte shall seeme expedient.
E. Gibbons to Itt is Ordered, y' Maj'"' Edward Gibbons, out of y" pceed of y* goods of
stall £263 5. j" marchau'^ of y" shipp Guilbert, shall pay to M'" Rob* Saltonstall y" soiue of
263* 05% w"^ he hath paid y" seamen of y" said shipp Guilbert, for their
wages, provided y* M' Vallentine Hill scale y" 1000* band for being re-
sponall for y* rep''isall of y* said shipp, in case, &d. Impost not to Itt is y" minde of this house, y' none of ou"^ should pay any impos' to
nec^t^cut Rirer. ^"1}' of Coficcticutt jurlsdiccon, w* relacon to y" passing thorough any pte of
Couecticutt Riuer.
[*26.] *An o''der about y" choyce of s''g°' maj°'^ & their chardge ; the clarkes of bandes, w"' their chardge & oath, & millita'y watches. Officers quaii- Itt IS thought Convenient, in regard there is a vacancye of y" office of
frecmanroath s''g"'' maj""^^ of regiments at this time, y' vpon y" 16"' day of y" 5"" mo°"', to soldiers. 1645, being y" 4"* day of y« weeke, the trayne souldiers of eueiy towne in each shicre w"'in this pattent shall meete together & nominate such a man or men as they shall judge fitt for y<' office of a s'g"' maj°'' of y' regiment, & y' not only freemen, but all y' have taken y° oath of fidellitye, or shall take it before y" eleccon, may have libertye of their voates ; and becawse many townes find it a great burthen to them, Avhere they have no mag" neare, to carry so many of their inhabitants so farre to take their oathes, itt is o''de''ed, y' power is hereby given to y" cap*, or, in defect thereof, to y« next cheife officer of y" company, in all tounes to administer y' said oath of fidellity to such souldiers as are willing to take y"= same before they give in theire votes ; & such as doe take their oath to be ce''tifycd to y" next Cou''te of y' countye, w"^"" votes of y« whole company shallbe sealed vp & deliuercd to one or both of y" de- pu*'' of y* said tounc, or any other freeman y' y*^ toune shall appointe, & they to carry them to y shiere toune of each countye vpon y" 23* of y'' 5*'' mo""", by tenne of y" clocke in y« forenoone, and there before one or two of y" magis** of y" said toune to open y"' p''oxyes with y° said depu** ; and he y' shall have y° greatest noumber of votes, being a freeman, to be pscnted by one of y" magis" of each shicre toune to y"^ sa''g"* maj°'' gcncrall w"'in one
THE MASSACHUSETTS BAY IN x\EW ENGLAND. 33
•vreekc at y^ most after y"^ eleccon, who shall install, coiifinnc, & establish each 1 G -1 5. grgnt maj'"' in his place for one yeere, & they to retayne their place & power ' '' ' till a new elleCon be made by o'"der of 'f Gcnnerall Coii''te.
And to avoyd y* vacancye of a place so necessary, for time to come, if any of y" confirmed maj°™ should dye or remoove out of y" countrye, or shall either leave their places or be remooved out of them, y'= s''g°' maj""' gennerall for Y time being shall, w"'in one month at y° farthest after such a change, send doune his warrants to each tonne *in the same shierc, to make choyce of r*2T.] one or more niaj"''^ aco''ding to y'' forme above menconed ; and that euery gvgnt m;^j"r \y^^x\\. not only liberty, but also is inioyned once euery yeere at least, & oftner ^-pon any needfull occacon or coinand from y" s'"g"' maj"'' gen- nerall, to drawe forth his regiment into one convenient place, & there to put euery capt & office'''' of y'' companyes in their places, & to instruct them in soldieis to be their dewtyes, acording to y" rules of millitary discipline, & to excersise his ip^'ntraUitary regiment, whether it shall consist of horse, pikes, or muskateers, acording to his best skill & abillityes, as if he were to leade them forth ag""' an enemyo.
Further, y' euery s'g"' maj""^ not only hath power, but is inioyned by this Coune, twice euery yeere to send forth his warrants or summons to re- quire the chelfe office''^ of each company in his regiment to meete at such time «&; place as he shail appolnte, & there w"^ them to conferre & give in coinand such o''de''s as shall by them be judged meete for y« better ordering & setling of y* perticuler companyes in millitary excersises ; and y' theis office'' of each pticuler companye shall bring w"^ them a note, from y" rowles of their scu- erall clarkes, of y* names of such in their seuerall companyes as remayne delin- quen*' & have not given satisfaccon before to y^ capt or cheife office'' of their companyes for all defects, either in their armes, ainunition, appearances, watches, offences, or y"' like ; & y* y*" said majo''^, w"^ y« consent of those office''^ then mett together, shall inflicte such fines or penaltyes aco''ding to Fines to be coi- lawe vpon y" delinquen' as shallbe judged a^quall, & to give order to y« '"'<^'«''i- clarkes of y'= seuerall bands to take distresse for y'^ same w"'in one month after such order, if before they give not satisfaccon.
And becawse wee observe many defects in making appearance in fitt armes for service & otherwise, wee o''dcr y' this Cou'te should cawse to be in- certed into euery clarke's oath, —
First, y' vpon euerj' trayning day, t\\ice, once in y" forenoone, as also in y'= afternoone, if y* cap* require it, at such time as y" capt or cheife office"' y' is then in y^ feild shall appointe, y" call or cawse to be called ouer y"' list of *y= [*28.] names of all y= souldiers, & y' he shall give his attendance in y feild all y° day, excep' he have speciall leave from his cap' or cheife officer, for y' taking
VOL. III. 5
34 THE KECORDS OF THE COLONY OF
104 5. notice of any defects, in j^ absence of souldiers, offences, &S, y' doth often fall out in y« times of exercise aswell as in y* calling ouer y* rowle ; that twice euery yeere, at least, he shall veiwe all y* armes & ainunition of y^ band, to see if they be all acording to lawe, w"^ wee conceave will be best acomplished after this manner : y' y' clarke shall signiiy seasonably to y' cap* or cheife officer of y« band, & they to giue notice to y^ souldiers, y' vpon such a tra^"n- ing day appointed, they be required to bring w"' them in y* forenoone all their armes & ainunition into y* feild, y' is required by lawe, where they shallbe approoved or disalowed by y iudgement of y' said cheife officer then iu y* feild, w"" }-* clarke, w"^ have commonly more experience in y" fitnes of amies the a y' clarke hath ; & to see y' eueiy souldier have one pound of ponder, twenty bulletts, & two fathome of match, w"" muskett, sword, bandaleeres, «& rest, vpon y" penalty of tenne shillings for euery defect, & to levye five shil- Penaity for ab- lings forfeite vpou all souldiers y' shall be absent from traynings, or defects in sence. watches & wardings, excep' they be dischardged by y^ cheife office' of y* com-
pany, & y' y* clarke, as often as he shall see occacon or doubt, is hereby injoyned to vse all dilligence to veiw euery ones armes, whether he be com- pleately fui-nished w* armes & amunition y" lawe requires. Seamen as well That all inhabitants, seamen aswell as others, are to have armes in their
proTided mth howscs fitt for Service, w*"* pouder, bullets, match, as other souldiers ; & y' arms, &c. fishermen, shipp carpenters, & others not exempted by lawe, shall watch or pvide a sufficient man iu their roome, & to traine twice a yeere acording to o''der.
That y^ millitary office'"^ of each company shall appointe what euery soul- dier shall serve w*, so y* there maybe two thirds musketts ; & y' those y' serve w"" pikes should have their co'sletts & head peeces.
That y* clarke shall, w"'in one weeke after euery trajTiIng day, truly r*29.1 P'sent a list of y^ names of all y' are delinquents, *& of all y" defects of y' band, to y^ cap' or cheife officer of y'' company, y' he may have them all iu a redines to carry w"* him when y^ majo"^ of y^ regiment shall appointe his meet- ing, w"** have not before given satisfaccon at home acording to lawe ; & y" order y' gives power to j^ magis'^ to rele;ise vpon nou appearance is hereby repealed. Clerk to collect That y* clarke shall w"'out partiallity demand & receave all fines, -w'^ if
any shall refuse to pay, he shall make distresse vpon the goods of all such psons as shall first by y' cheife officer of their oune company at home, or by y^ maj""^ & cheife officers, mett together as before menconed, be iudged delin- quents ; & y' y^ clarke, w"* y^ advice of y* cheife officers of their ounc com- pany, shall speedily lay out all fines, reccaved cither in ensignc, drummes, hoi-
THE MASSACHUSETTS BAY IN NEW ENGLAND. 35
berds, candle or ■wood, for tlieir courte or guard, or to pvide powder or armes 1 G 4 5. for y* poorer sorte, or oJ;lierwise, for y" best vse of y" company. Lastly, if "" ^ ^ any clarke of a baud being choseu, & accepts j-" place, & yett afterwards shall '
refuse to take his oath, shall pay forty shillings, & then y" company shall posing of fines, choose another ; and all y' refuse y" oath as before to pay forty shillings a peece till one doth hould, & he y' doth accept y'' place shall have a fowerth pte of y" fines for his labor ; & y" order y* graunted them a third pte is hereby repealed.
The forme of y'^ clarkes oath.
Yow shall tre-wly sweare to pforme y'' office of a clarke of a trained band Clerks oath, to'y^ vttermost of yoiur abillity or indcvor, acording to y* pticule'^' specifyed in this o'de'^. So helpe yo" God.
The oath of residents for fidellity to be first taken by all such as are not free- men, & desire to have their votes in y" choice of their millitary office'''. I, A B, being by Gods pvidence an inhabitant w^'in y" jurisdiccon of Residents this comonweale, doe freely & sincerely acknowledge myself to be subiect to y* gouerm"' thereof, & therefore doe heere sweare by y^ great & dreadful! name of y* euerlivinge God, y' I will be trew & faithfull to y° same, & will acord- ingly yeeld asistance therevnto w"' my pson & estate, as in eequity I am bounde ; & will also trewly endevor to maintaiue & ^serve all y" libertyes & priviledges thereof, submitting myself to y" wholesome lawes made & established by y" same ; & further y' I will not plott nor practize any evill ag°^' it, nor consent to any y' shall so doe, but will timely discouer y" same to lawfull authority now here established for y<' ]>>veuting thereof. So helpe me God in y" Lord Jesus Christ.
*For y' chardge of y'^ millitary watch in all townes. [*30.]
1. Itt is o'dered, y' y" watche shallbe sett, & have their chardge by y" Watchmen, direction of y^ cheife office''' of y° place, halfe an hower after sonne setting.
2. The watch, being sett out, (w"='' wee thinke meete should stand dowble. Duty, a pike & a muskett together,) shall examine all psons y' they shall meete w^'all ■(v">in y" compasse of their watch or round, & all such as they shall suspect to carry to y^ courte of guarde till y" morning, & before they be dismissed to carry them to their cheife office''s to be examined.
3. If y« sentinell or watch shall meete w"' such as shall pve to strong for To resist with them, or by theu- carriage shall give iust cawse of suspition, or will not sub- l'^J^„ ' ' mitt to their coiiiand, or if they shall either drawe vpon them or oflFer any
such aff'ronts in words or accons as shall put them in feare or in hazard of
THE RECORDi OF THE COLONY OP
1G45.
Marshall to collect tun- nagc.
"Waterto-n-n, petition of H. Mason.
[*31.]
Public houses to be granted by the Court.
Price of beer fixed.
Penalty for drunkeness.
tlicir lives, they shall chardgc their pike & dischardge their muskctt rpon them, & retourne w"" spcede to y'^ coin-tc of guarde, & raise an alarum ; pro- •\ided alwayes, y' in times of peace, when the counsell of warre or y" cheife millltary offices of any company shall not ap''hcnd dainger hy y nearenes of an enemy, it shall not be in y"^ liberty of any sentinell to hazard y'' killing of any pson or psons, except in his owne necessary defence ; but if y*" case require it, he shall raise an alarum, & retire to y"= cou''te of guarde.
Itt is ordered, y' y'= marshall shall demand & take of all ni''s or marchants y" tunnage or anco'age apointcd & ordered by this Cou'tc, to be paid from all shipps by )■* m''s or ma''chants thereof, ■\v'''' is sixpence p tunne ; & of these two shipps now hecre at an anco"', & of all other y' shall come in heereafter acording to forme'' o"'der, giving an accomp' of what he shall reoeive to y* coiliittee of y" five tonnes for y" Castle.
In answ'' to y" peticon of Lef Hugh ISIason, in y behalfe of y° toune of Water Toune, itt is graunted y' y* vote of y^ last Gennerall Cou'te shall be reveiwed ; provided, y" peticone''s defray y^ chardges of y" former Cou''te, & also engage themselves to beare all chardges of any after trialls in this case, & y' y^y doe pduce such evidence as hath not binn forme''ly nieuconed in this Courte.
*Itt is ordered y' no man shallbe allowed to keepc publicke howse of en- tertainemcnt for straingers or travellers, nor shall any one be a comon victualler, innckeeper or keeper of a cookes shopp, vintner, tavcrnor, or pub- licke seller of wjTie, ale, beere, strong water, w"'out allowance in some Qua'^ter Cou'tc in y^ shiere where such doe dwell, vpon paine of forfeite of twenty shillings p wecke whiles they continew w"'out y" said licence ; nor shall any such psons as have publicke howses of entertainement, & have licence to sell beere for not above two pence an ale quarte at home & y" same prize abroad, vnder y' penalty of five shillings for eQy quarte sold above y° said prize ; neither shall any such pson or psons formerly named suffer any to be druncke or drincke excessively, or continew tipling above y* space of halfe an hower, in any of their said howses, vnder y« penalty of five shillings for eQy such offence suffered ; & eQy pson found druncke in y*^ said howses, or els- ■where, shall forfeite tenne shillings, & for eQy excessive di-incking he shall forfeite three shillings & fewer pence ; ffor sitting idle & continewing drinck- ing above halfe an hower, two shillings sixepence : & it is declared to be ex- cessive drincking of wyne, when above halfe apinte of wyne is allowed at one time for one pson to drincke ; j»vided, itt shall be lawfull for any strainger or lodge'', or any pson or psons in an orderly way, to continew in such howses of coiiion entertainement during mcale times, or vpon lawfull buisncs, what time
THE MASSACHUSETTS BAY IN XEW ENGLAND. 37
tlicir occacons shall require. Itt is further o''dcred, y' edy innckcejjcr shiill 1 G 4 5. pvide for entertainement of strainge''s ho'scs, having an inclosure for summer, ^"^ "> ' & hay & pvender for winter. And if any pson offend in drunkenesse, exces- sive or long drincking, y" second time, they shall pay double fines ; & if they fall into y* same offence the third time, they shall pay treble fines ; & if y" ptyes be not able to pay y" fines, then he y' is found druncke shallbe punished by tenne stripes ; & he y' offends in excessive & long drincking, he shallbe put into y" stockes for three howers, when y* weather is seasonable ; ' and if they offend the fowe''th time, they shallbe put into p''ison, & there remayne till they putt in two sufficient suertyes for their good behaviou"". Further, it is ordered, y' any one magis'^ w*''in their seuerall shieres may heare & deter- mine any offence or offences ag"^' this order, vpon dew conviccon by veiwe of y" magis'^, by two wittnesses, or confession of y= ptyes, to levy y* said seuerall fines by a warrant to y" constable for y' end, who shallbe accomptable to }'* Treasurer of y* shiere for y'' same.
* Whereas it is found by to coiiion & sad experience in all ptes of y" coUo- [*32.] ny, y' y" forceing of laborers & other workemen to take wyne in pay for their Labourers not
^ ^ to be paid their
labo'"s is a great nu''sery & Pparative to drunkenesse «&; vnlawfull tipling, oc- wages in wine.
caconing y^ private meetings of pphane psons, whereby youth is drawen aside
to lewdnes, j-« good creatures of God noto''iously abused, y" harts of Gods
people much sadned, y° profession of religion scandolized, & y" word
greatly dishono''ed, itt is the'fore o''dered & o''dayned by this Cou'te y' no la-
bo''er or workeman whatsoeuer shall, after y*' publicacon & promulgacon hereof,
be enforced or pressed to take wyne in pay for his labo''. And for furthe' ]p>ven-
tion o£ y' aforesaid eno''mityes & vnlawfull tiplings & excesse of drincking, itt
is hereby furthe' ordayned, y' no laborer or workeman w'^oeuer, after y" tenth
day of July next ensewing, vnder what p>tence soeuer, shall sell wyne, or make
payments of any debt therew*, either by retaile or otherwise, then in y" same
peece he takes y* same. And if any such pson or psons shall, notw"'standing,
offend contrary to this o'"der, shall forfeite & loose two shillings for euery quarte
of wyne so sould & disposed of
Itt is o''dered, y' ce'"taiue coiuissione''s shall be appointed by this C'ou''te, Committee on & coiiiission graunted them to examine wittnesses about the French buisnes, & ^™'' prepare y' same ag"' y" next session of this Courte.
O' honno'ed Goflno', «& Lef Atherton, He''bert Pelham, Esq'', & Cap' Cooke, M' Saltonstall, & M' Hau*''o''ne are chosen & appointed coinissione's, & have hereby powe' to suinon wittnesses in their seuerall shieres, & apt to examine them & search out the truth of y" French buisnes, as they shall see cawse, & make their reports to y'^ next session of this Courte.
38 THE RECORDS OF THE COLONY OF
1 G 4 5. Itt is ordered, y' y"' S^cr' write a letter to the Narragansetts to desist
"^ "* ' from warre ou Vncus j and that another letter be writte to Benedict Arnold, to
dellve'' the messuage to the sacamore of the intrude'^s on y" land of Pomham &
Secretary to '-' ^
write to Nana- Sacoronoco, to come to vs or depte from their lands.
ganset.
pjjoo 1 *Whereas yow, S''g°' Maj"' Edward Gibbons, are cheife millitary ofEce'' of
Maor Gibbins ^^^^ trayne bond of the toune of Boston, yow are by this Courte required & orders to. authorized to see the peace to be kept, both in the said toune & ha''bor, from all hostile «&: mutinous attempts or insurrections ; & for that end there is here- by coiuitted to yo' chardge all fortifficacons w"'in the said toune, & w"»all y* ordinanc & aiuunition to the same belonging ; & yow shall alwayes have in a readines one barrell of pouder for euery sixe peeces of ordinance, •w"^ 12 shott & 5' of match. If any shipps w^'in yo' ha'bor shall quarrell, & shoote one at another, whereby the people or bowses may be endangered, yow shall vse your endevor & power to stay & suppresse such attempts, & to bring such shipp or shipps vnder coinand, & to be in peace vntill the Magis*^ may assemble, ■whose further order & directions yow are to observe ; & yow shall take order to have alwayes some souldie's listed, to be in a readines for any service yow shall have occacon to imploy them in, by virtue of yo"" comission : & yow are to give notice of the tenure of this coinission to all shipps ariving in the harbo' from fo^aine ptes, w'^'in 24 howers after their coming to anchor. Vpon any neces- sary occacon of yo' absence, yow shall leave yo' leiP, or next cheife office', to take care of yo' chardge. This coinission to coutinew during the pleasure of the Cou'te.
The like coinission is graunted to Maj" Eo^'' Seduicke in Charles Toune.
M'Dunster, Wee, whose names are herevnde'' written, having layd out M' Dunste's
farme as followeth, viz., the land lying betweene the ponds contiguous to M'' Glovers farme, being the southern bounds of this £irme, & running on w"^ the great pond, from the south esterne bounds vnto the place where it is foardea- ble ; Sudbury line for the northwesterne bounds, & for the no'th & no'th esterne bounds the meadowes, to the quantity of fiffty sixe ac's, (if there be so much,) abutting on whether side soefl a litle creeke y' runneth into the great pond neare to the foresaid foard, & a streight lyne drauuefrom the said creeke to Sudbury line, where it is nerest.
PETER NOYSE& EDMOND RYSE.
M' Glovers Wee, whoso names arc vnde^vritten, have laid out M'^ Glove's ftu-me as
followeth, viz. : Sudl)nry lyne is tlio nortlieast bounds; y" no'thwest bounds
THE MASSACHUSETTS BAY IN NEW ENGLAND. 3{|
thereof is y' great river, the south cast bounds the river that issucth out of the 16 45. great pond at Chochichowicke, the south east bounds from the place where the ' ' ' litle rive'' runns out of the great pond, till yow come to y*' northeast end of the said pond, & so to the northwest end of y' litle pond, & from thence to the no''theast end of the said litle pond, & from thence to the nerest place of Sud- bury line, aco'ding to the ma'^ked trees. This is our retou''ne of the Courts desire, this 7"> lO"", 1644.
THO: MAYHEW, PEETER NOYSE, EDMOND RISE.
*This Cou'te is adjou''ned till y" first 4"" day of the 8 mon'h, vnlesse the [*34.] GoQno' see cawse to call the Courte sooner.
.ommittee on mpresss men.
* Mt another Session of if Generall Courte of Eleccons, called by 12 August. Wan-ants, by f Gouno\ f 12: 6 M" : 1645. t*35.]
P"sEJ.'T THEREAT, The GoQuo'', Depu' GoQno'', & y* rest of y^ Asist- By both
ants, w"" all the Depu's of y' last Gennerall Cou'"te, except Lcf Atherton, who was sent out on speciall occacon.
Ci]}^ IIautho''ne chosen Speake'' for y' session.
ITT was resolved on y^ question, y', all things considered, wee conceave our- By both selves bound (Vncus requiring it) to send forth ayde to him, for his de- fence agn' y* tumultuous & iniurious inroads of y'^ Narragansetts on him & his. M'' Speake"", Majo"" Gibbons, Cap' Cooke, & Cap* Jennison are chosen a comittee to treat w* o"" honno'ed Magis*^ about the illegallity of y« comission" pceedings in p^'essing o"" men beyond lawe & w">out rule ; & to moove y' ye coiiiander of those forces have his coiliission from y« Gennerall Cou'te only.
Itts ordered, that there shallbe a millitary watch in all townes, & y' o" Miiitarywatch
es established.
honno''ed maj"' gennerall issue out his warrants to all millitary ofiicc'"s jj^ ^^^^ therefore. ^''^^'''^
Itts resolved vpon y* question y' y" p>sse lately chardged and issued out Pressing men vuder y' hands & by y* power of y^ coiiiission''s of y« Vnited Collonyes is illegall.
The Howse of Depu** voted, y' y' comission & instrucobns signed by y' Orders to Lieu> cofnission''s shall, by virtue of this oMer, be y' coiiiission & instruccons to be coiiiitted to Lef Humfry Atherton & S'g"' DaVies, as cheife coinande'"s of y'^ forty scut forth to ayd Vncus in his defence ag"' y" incu''sions of y" Narra- gansetts on him ; signed by y'' Secret, & sent to y said lef .
40
THE RECORDS OF THE COLOiNY OP
G45.
[*3G.]
Guards to be kept against the Indians. By both
Edwi Gibbon: to con.niund
The IIowsc of Depu*^ desire to vnde'stand, from o'' hounored ISIagis'*, ■\\hat nombe'' of soiildie'"s y" propo''tioii of this coUony doth amount to for this psent expedic(5n ; 2 "y, what time is thought most fitt for thcii- going out ; «&: S'l'y, how these souklie'-s shall be furnished w'" amies, &(3 ; & 4""^, what y« chardge of this expedicttn will amount vnto, y' so y* readiest way maybe taken, & order made for y" expediting thereof; also to vnde''stand w"'er o'' homiored Magists conceave it not necessary y' there should be a genne''all oil all y'= forces in y^ service to be imployed, & if so, then who he is.
*The answer of y* Magis's retou''ned is, y' y^ coinission's of y" Vnited Collonyes have dete''mined y' y" whole nombe"" of souldie'"s to be pvided for y'= psent cxpedicon in all y^ fowe' collonyes is 300 ; whereof o'' pte for y* ISIassatusetts is 190 of this nombe'', there being already sen' 43, & 2 to attend & bring backe y* ho''ses. The nombe'' now to be pvided is 147.
The time aijpointed for them to sett forth is y'^ 22"' of this moneth, at furthest.
The randcvous is though' fittest to be at Boston ; that efly souldier is to be sent ready armed, w"* muskett, sword, bandalcers, & knapsacke, or a carabyne & halfe pike, & knapsacke & some corslctt, & cotton coates, & some horses.
Itt is ordered, y' y" levy y' shall be issued out of this Cou'tc for this exjjedicon shallbe y'' same, viz., 616' 15% & j)porconed as y" fo''me'' rate was.
Forasmuch as this Cou'te vpon good grounds conceave it a matf^ of great conce''nmen' to secure (w' in them lyes) all tonnes w^'in this collony ag"' y* expected iucu''sions of y" Indians, it is therefore ordered, y' y" cheife millitary office''s of eQy company shall w"" all dilligence take order y' there be a daily warde kept vpon y"" out skirts of their seuii tonnes y' lye M-^'in their seuli chardges, & y' they send out carefull & daily scouts for y"^ rainging of y" woods vpon y" borde''s of their sedii tonnes ; y" chardge to be given to y° said warde or scouts, & y" mannaging of this buisnes be left to y" faithfulnes of y'^ said cheife millitary office''s ; & it is furthe"^ ordered, & power is hereby given to such millitary office's to p''esse such & so many ho''ses w"'iu y" limitts of their chardges as they shall see necessary for y"= carefull dischai-dge of this dayly service. This to stand in force till y"* Courte or y^ counsell of this coiii- on weale shall take fu''ther order, fse'^ving y farmes asmuch as may be.
Tlie coinission''' of y* Vnited Collonyes, having considered of S'gn^ Maj°" Edward Gibbons as a pson fitt to be imployed in cheife coiTiand oiii- all such forces as ai'e now to be sent forth from all y* collonyes, in ayde of y" JNIohegin sachem, have thought fitt to signify so much to yow, y' if vow shall not advise vs of any thing w"^"" may be a just impediment hcrcvnto, wee may pceede to
THE MASSACHUSETTS BAY IN NEW ENGLAND. 41
give him a full call to y' service ; & w"'all it is desired if yo" thoughts con- 1 G 4 5. curr w"' oui-s, yow will please to spare him from 'attending on y' buisnes of "" '' ' this Courte, y' he may p'"epare himself to be ready for y° iniployment he is r*^^ -i now to be called to.
This Courte, considering y" dayly excersise w"^'' y'= seuerall townes w"'in this collony are like to have by reason of y* ^sent warre w"* y" Indians, & ac- compting it to be w*in y' cai-e of y'= Cou'"te to pvide for y" safety of cQy pte as- well as y" whole, it is therefore ordered, & heereby power is given to y" Soldiers to be cheifc coiiiander of eQy company to appointe out & to make choyce of thirty ^^^^ jjgg^_ souldie's of their companyes in y" hundi'ed, who shallbe ready at halfe an howers warning vpon any service they shallbe putt vpon by their cheife milli- taiy office's. And it is further ordered, y* y° trayne souldie''s of eQy company shall forthw"' pvide themselves to be ready, w**" their armes ready fixed, & y' they have powder, bulletts, match, & bandaleeres alwayes ready, acording to former order ; as also y' edy souldier pvide liimself a knapsacke, to be in a readines vpon any service they shall be called to at or before y« 25"» of y' Psent 6 &. And if after y^ pfixed time any such souldier shallbe Avanting of a knapsacke, y' then y« clarkes of y« bands w'Mn their seuerall companyes have hereby power, & are hereby required, to distreine to y^ vallew of five shillings Penalty if defi- vpon y= goods of all such as shallbe found to be defective herein, who shall w"* pte of y" said fine pvide y^ said delinquent a good knapsacke, & y" clarke shall have the rest for his paynes.
To y" s"'veyo'' gennerall of y'' aiiiunition. By y^ authority of y" Gennerall Cou''te, yo"' are heereby required to pvide Surveyor gen- forthw"" a sufficient quantity of muskett bulletts, pistoU bulletts, & swanne "'^ ' "" ^" shott, & match ; & if yow have not in store leade & mould for casting y'= same, y' then yow take vp so much lead, pis'oll bulletts, & swanne shott, & match, where yo'^ cann finde y* same, as may se'^ve y* occacon, giving to y" ovmo's seuerall ticketts, whereby they may receave dew satisfaccon from y^ Treasurer, acording to y' rates for w'^'' such things are sould in y* shopps or warehowses in Boston ; for w'^'' this shall be yo"' sufficien' warrant.
*Maj°'' Edward Gibbons is chosen coiiiando'' in cheife our all y'^ forces to [*38.] be sent out by y" Vnlted Collonyes, by y" coiiiissione''s. The Howse of Dep- ^^''J' Gibbons
to review the
utyes, acCdrng to their desires, have dismissed y" majo' from his attendance troops and on y^ buisnes of this Cou-'te, y' so he may the bette' p'epare himself for y"= dis- them"''"* chardge of y" place he is called to.
The coinission''s, having considered y"' necessity of sending vessells to y*
VOL. III. 6
42
THE RECORDS OF THE COLONY OF
1015.
Lieu' Atherton to command 43
[*39.]
By both
R. Fairbanks'; account.
Gofand coun- sel to call the Deputies, when necessary.
Nanagansctts, w"^'' will require more men then the coiuande''s in this service are willing to spare out of their land forces, desire y' such as are to be sen' in y° said vessells may be an ouer nomnber, & y" chardge to be answered by the whole confederacon ; & if neede require, there shall be an ouer nonmbe' pro- porconably sent out of y^ other collonyes. The comissione's desire y* Gen- ne'all Cou^'te to approove hereof. Voted & consented to by both howses.
M'" Lile is appointed chiru'"gion for y« souldie's y* are to be sent forth in y expedicbn vnde'' y'^ coiiiand of Majo' Edward Gibbons.
Edmond Goodenough, on his request, grounded on y'' tounes speciall oc- cacons, is dismissed this Cou''te.
Itt is o^'dered, y' Left Atherton be coiiiande'' in chcife ouer ye fTorty sent forth v,''^ him, when o"^ forces meete vnde'' JNIajo"^ Gibbons, as cheife coiiiande'' our y*^ whole forces.
Whereas some of those souldie's vr'^ have binn sent forth already in y* psent expedicbn, & others who are soone to be sent forth, have themselves, or theu' m'"s or pai-en's, w''-' whome they lived, some co'ne & hay to be cutt doune & pserved, v/'^^, by reason of their absence, will be in dainge'' to be lost, if care be not taken for y'= same, its therefore ordered, & y' in eQy such case y' con- stables of y" tounes, vpoii request made to him by y" ptye, shall pcure so much helpe of men, if voluntai'ily they may bee had, or other-wise by im]p>sse, as shall pforme so much of such worke as such souldier, if he had stayd at home, might have donne in y^ inning & ^se^'ving such come or hay, y' pty paying y" ordinary wages for y« same ; for w* this shallbe a sufficient warrant.
*^I'' W"" PcUam being nominated to this Cou'"te, by y*' toune of Sudbmy, for their captaine, & Edmond Goodenow as their ensigne, were both accepted tSc confirmed in those places by this Cou''te.
A bill of sixty & nyne pounds eighteene shillings & five pence, being fsented to this Coui'te by Eich : Fairbanks, of many pticule's as dew to him froni y" country, is accepted by y" Courte for a debt of sixty three pounds nyne shillings, &d, dew to y* country from M' Edward Ting, so farr as it ap- peares to be just by y° examinacon of y* s'^veyo' genne'll & "VV"' Parks.
This Cou''te, having taken into consideracon how the necessary affiiires of this jurisdiccbn, whether they conce''ne this peculiarly, or have reference to y" rest of o"^ confederated collonyes, may be dewly & speedily transacted in y® vacancy of y° Genne''all Cou''te, for y satisfaccbn of y* coinissione''s, in respect of y' weighty & suddayne occacons in hand, doth exp'csse, y' y'' Genne''all Courte ought to be called by y" GoQn'^ when y° importance of y' buisnes doth require it, &. y" time & optunity will safely admitt y" same ; and y' all other necessary mattCs arc to be orde''cd & dispatched by y*^ majo'' pte of y'^ couucill
THE MASSACHUSETTS BAY IX NEW ENGLAND. 43
of y*" coiuon -n-ealth, & therefore to y' end lctte''s signifying brcifely y" buisnes 164 5. & y time & place of meeting for consultacon ought to be sent vnto y'= Asis'an's. ' " ' Also, y' seven of y"= said Asis'an's meetings & y^ Gofln'", or Depu*^ Goan', be- ing one, is a sufficient assembly to acte, by jessing of souldie''s or othc''wise. And in case of extreame & vrgen' necessityes, when endevo''s are reasonably vsed to call y^ Assis*an's together, & y^ buisnes to be dispatched will not admitt delay, then y^ ac's of so many as doe assemble are to be accomp*ed valid & sufficyent. Itt is intended y' y^ gennerall words above written contayne in them power to f>sse & send forth souldie's, & presse all manne"" of victualls, vessells, & carriages, & all other necessaryes, «& to send warrants to y' Treasurer to pay for them.
Itt is ordered, y' Lef Tory be cheife millitary office' in Hingham, & to acte as othe'' cheife officer's till furthe' orde'.
*A note of pticule's agreed on of what will be needfull for the ^sent ex- [*-10.] pedicbn, for the suply of 200 men. Imprimis. Bread, tenne thousand ; Pease, three hogsheads ; Beife, 6 hogsheads cutt into messe peices ; Fish, tenn kentalls ; Oyle, tenne gallons ; Vinegare, one hogshead ; Strong water, one hogshead ; Bea'c, one tunne ; (wync, at pleasure ;) Oatmeale, one hogshead ; Flower, two hogsheads ; Butte"^, sixe firkings ; Raysons of y° sonnc, two ba''lls ; Suga', y-2 c' ;
Candells, one duzen ; *
Hatchetts & axes, one duzen. Spades & shovells, thirty ; Pick axes, sixe ; Ketles, sixe, for boyling ; Platte'^s, thu-ty sixe ; Payles, tenne ;
Cannes, tenne, or potts, twenty ; Salt, one hogshead ; 200 fathome of codlyne. This Cou'te is adiou''ned to the fii-st 4* day of the 8 mon'h next.
[Pages •41 and •42 are blank.]
44
THE REC0RD3 OF THE COLONY OP
1645.
2 October.
[*43.]
By both bowses.
Robert Bridges appointed to negotiate with the French at Acadia.
*Att if last Session of f Gennerall CoiCte of Eleccons, hegiinne the 2' of October, 1645.
P"SENT THERE.VT, Tlic Gofliio'', Depu' GoQu'', ■»-"' y'= rest of y« Asistants, ]\P Pinchon excepted, w"' all the Depu's, Cap' Wyggyn exccp'cd, & y"" Dcpu*" of Boston.
/~^AV^ Geo''ge Cooke, a membe'' of y" Ilowse of Depu", was chosen ^^ Speake'' for y" howse for this session.
LeP' Atherton & W"" Parkes are appointed a coiiiittee to examine all such bills as are for y" expence of soiildiers, & others of like nature, before they be subscribed for by y^ Treasurer.
Cap' W" Jennison, being to goe for Vi''ginia, at his request was dis- missed y" service of y° Cou'tc.
Lef Willard, on y'' jjcticon of y« inhabitan's of Conco''d, was dismissed from fFu'ther attending on y" service of this Cou'te for this session.
Whereas Cap' Rob' Bridges is thought a meete pson by both howses, & by them imployed to negotiate w"' Mounsieu' De Aulnay, knight, lef gen- nerall for y" King of Frannce, in y^ pvince of Accadye, on y° speciall affaii-es of y" coinissione''s for y"^ Tnited CoUonyes, itt is ordered, y' Cap' Eob' Bridges shall have two men, such as he shall make choyce of, & are willing to goe w"* him, who may accompany him in y* service y" country hath called him vnto j and that he shall have a youth to attend on him as a page in his chamber, & all on y*" chardge of y" countrye.
Instructions for him. By both.
[•44.]
Instrucc5us agreed vpon by both howses ffor Cap' Rob' Bridges to obse''ve in his negotiation.
1. Yow are to deliver y^ letter & other wrightings vnder y"^ hands of y° coinissione''s to ISIounsieu'' De Aulnay.
2. Yow are to shew him yo' coiiiission.
3. Yow ai-e to desire him to signe to y'' artickles of peace in a like wrighting, w"'' he may cawso to bee drawne vp, W^"^ if he shall, on considera- tion, refuse, then yow are to know what ans"" he will retourne.
4. Yow shall declare to him how carefull wee have binn to keepe ye artickles of agreement w"' him, ui that wee wholy refused to afFo''d Mouusieu' La Tou'' any ayde, & did what lay in vs to restraine * volunteers, w* occa- cCned him to leave vs when he did.
5. For sending home his ladyc, yow may assure him it was not our act ; nor had v>ce reason to hinder it, seiug it was most meete for hu- to be w"' hir
THE MASSACHUSETTS BAY IN NEW ENGLAND. 45
husband : & for the cha''dge of hii- tianspo'^tacSa, that w^'^ was receavcd of 1 () -1 5. Cap* Bayly was more then sufficien*, both for that & for hir expences here. " ^ ^
6. If he shall desire any explanacbn, addicon, &S, abou' y' artickles of peace, yow shall desire him to sett doune his minde in writing, & yow may pmise him it shallbe considered, & w'soeuer is just & reasonable shallbe graunted.
In ans' to y" peticttn of Joseph Hills, in behalfe of il'' Thomas ^larsh, T. Marsh to of London, for satisfaccon for an adventure of 33' 06% itt is ordered, y' y'^ pe- grated. ticoner shall have so much land where he cann finde a convenien' place, as By both his adventure, aco'ding to y" pporcbn agreed on for such adventures.
SI"' Allen & Sam : Basse, on their vrgent occacons, are dismissed from y« Allen & Bass service of y" howse till y" 2* day at one of y" clocke, & so also is Lef^ Ather- *^°"'* • ton to y° like time.
In ans' to y° peticon of Jo: Hill, S''g"' Jo: Davies, Jo: Chandler, By both. Isaacke Walker, & Slathew Barnes, James Cutle"", &(?, in relacon to Nashaway ^^^ j^ . °^j' plantacbn, itt is ordered, y' Jo: Hill, S'g"' Davies, Jo: Chandler, Isaack '"''^• Walker, & Mathew Barnes, or any three of them, shall have pow' to sett out Jj^^ weston. lotts to all y* plante''s, provided they sett not their howses to farr asunder ; & y" greater lotts to be propo'conable to mens estates & chardges ; & y' no man shall have his lott confirmed to him before he hath taken y" oath of fidellity before some magis'.
In ans"^ to y" peticon of Geo''ge HepbouTne, Tho: Buttolph, James Goat skins noi Johnson, Nath W'"% George ClyiFord, Tho: Goulbe, gloQs, ag»' y'' transpo'ta- '^^J.etjd'."^ con of goate skynnes vndressed, itt is ordered, y' Half Wooiy shall have By both. liberty to transpo""! 8 dozen of goate skinns, w"'' he afSrmes he hath abeady sould, to be dd into England, & y' for y* time to come, if he or any o'her shall shipp any to be transported ou' of this ju''isdiccbn, vnless they be dressed & made into gloves or other garments, all such skynnes shall bee forfeited to y* comon wealth, or y= valew thereof if the skynnes canno' be found.
Att y^ reques* of y° inhabitan's of Dedham, M'^ Wheelocke is appointed, & hereby hath coinissioii graunted him, to marry people there that are dewly published.
*Whereas Cap* Rob' Bridges is imployed by this Courte to negotiate w"" r*45.] Monsieu"' De Aulnay, knight, leP genne'"all for y King of Fraunce, in y* pvince By both of Acadyc, on y* speciall affaiies of y"" coinission'^s of y* Vnited Collonyes of Robert Brid'ea New England, in a vessell of ^ ^ whereof M' Allen is m"', theis are P^'ssport. therefore to requhe all psons of this ju'^isdiccon to be assistan* to him as neede maybe, & to desire all other our loving neighbo''s to affoo'd him such cu''tesyes as occacon may call for, & wee shall be ready to requite them w**" the like when
46
THE REC0RD3 OF THE COLONY OF
1645.
2 October. Committee oi roads. By both bowses.
By both bowses.
By both.
J. Glover, farm
confirmed to
[*46.]
By both bowses. Commission" to form a code of laws.
optunity shall serve. In testimony whereof, I, Thomas Dudley, Gofln' of y* Massatusetts, have caused y" publickc scale of o" collony to be hereto af- fixed.
Lef' Tory, Lef Athu-ton, & Stephen Kmgsly are appointed by this Cou"'te to veiw y" neeres' way betweene Dorchester & Weimouth, «&; to re- tou^ne their thoughts to y^ next sitting of y" Genne''all Cou'^te.
Alia innp'sesentiarum non datura scribendi occatlo, nisi vt delagatorum foedaratarum No:Angi coloniarum intentionem tibi inscriptis secundum pactum exhibe'e, et vestram. Ittidem (si raodo placet) pacis inchoatae confii-mationem re- cipere possimus in quem finem gennerosum hunc nobis charissimum ducem Ko- be'tum Bridges ad te delegatum velimus p quem etiam actiones et intentiones nostrse tibi clarius innotescere queant quam ante hac fo'san ex fama mendaci ppisce'e possis vestrum quoq, in nos animum, quod ab alijs et videre possit hactenus non intelligimus, a te metipso p quierrere instrucHis est quibus vtrinq, pspectis et queritionibus et offencis quibus tunq, tempore optuno se- cundum delagato''um ppositlonem ex a;quo compossitis pacis hinc ex mutua benevolentia et omnibus vicinitatis officijs vtriq, genti ad bonum fructum redundare possis.
In ans' to y'= peticon of y" children, executrixe, & oQseers of y'= last will & testamen' of M"^ Thomas Newbe'^y, late of Dorchester, deceased, for y" con- firmation of y" ffarme of y* said Thomas Newbe^y to M'' John Glour, of Dor- ches'er, of whom they acknowledged to have receaved full satisficcon ; in consideracSn whereof their peticon is ffully graunted, & y^ farme confirmed to y* said Jo Glour & his heires.
The Cou''te is adiou^ned till y" 7"^ day of this instan* mo, at one of y* clocke, at w* time y^ Cou't met againe.
Vpon a peticon of Rich: Saltonstall, Esquier, for justice to be donne on Cap' Smith & M' Keysa"' for their iniu''ious dealing w"" y* negroes at Gynnye, ■y° peticSn was graunted ; & ordered, y' Cap' Smith & ^ M' Kelsar be laid hold on & coinltted to give ansr in convenient time thereabouts.
* Whereas this Cou^'te, in a fo''me'' session, chose & appointed seuerall honno''ed membe"^s of this coiuon weale, as coinissioners in their seuerall shieres, to meete together in some convenient place w""in each shiere, to consult to- gether, & to retourne to this Cou'te a result of their thoughts, that this Cou''te may pceed therevpon to satisfye y^ expcctacon of y° counti-y in establishing a body of lawes, this Cou'te thinkes it meete to desire the psons in that order menconed, IM'' Bellingham being added to them for Suffolke, ]\I' Symonds in his roome for Essex, M'' Joseph Hill in Cai)' Cookes roome, M'' Knowles in M' Aliens roome, & M' Glover in M' Prichards roome, & y* care of calling each
7 October.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 47
coililttcc ill Boston for Suffolkc, in Ipswich for Essex, & in Cambridge for 1 G 4 5. Midlesex, to M'' Bellinghm for Boston, M'^ Pellam for Cambridge, & 'M" Sy- monds for Ipswich, to their seuerall meetings for y^ accomplishmcn' of that end so desired, & to make their retourue of what they shall doe herein to the next sitting of the Gennerall Cou''te.
In ans"" to y° petioon of W™ Davies, sonne to W™ Da^aes, deceased, vpon w» Davis the acknowledgmen' of John Coudall & Ma'"y his wife, being fully satisfyed ^ , ^^^^ for a bargaine of sale of a certaine howse in Boston, w"* two acke''s of land, in howses. that lease largely appeareth, liis peticQn was gramited, & the said house & lands confirmed to him, y* said W"" Davies, & his heires fo''eur.
In ans' to y° peticbn of W" Wilson, keeper of y'= p'"ison, itt was graunt- By both cd that the sixe yards of trucking cloth sent w"' the attend""^ of Cap' ''^^^^^• Bridges ^ ^ ^
Itt is o''dered, y' i\I'^ Joseph Cooke shall, in y-^ absence of Cap' Cooke, By both take care of y* company of Cambridge till y^ Cou'te shall take fuHher order, & y' on y^ tounos request, John Stedman be establish' ensigne to the company there.
It ans"" to y° peticon of seuerall inhabitan's of Ma''ble-head, itt was By both graunted y' Arthu' Sandyn should have liberty to sell wyne there.
Forasmuch as this Cou''te hath fo'"me'ly graunted that there should be a Viilogo upon villasce vpon Ipswich River, att or nere a place called the New Meadowes, & ''^""^ forasmuch as certaine of the inhabitan'" of Ipswich who have farmes impved howses. neere thercvnto, & doe desire that a minis'er might be setled there to dis- pence the word to y« ^sent inhabitan'^ & such others as shall plan' themselves at the said village, whom yett, no'w"'standing they are no wayes able in any comfo''table manne' to maintaine a minister, & doe defray other necessary chardges of y' place, if w"'all they should be liable to all other rates & pub- liq, chardges of y" toune of Ipswich, this Cou^e doth therefore hereby order, that cither the whole toune of Ipswich shall ajquaUy contribute (w"^ such of their inhabitan'^ as have lands in or neere the said village) to the maintenance of a minister & all o'^'er publicq. chardges inciden' to such a village ; or else y° aforesaid inhabitan'^ that have lands nere the said village, & shall con- tribute to y" maintenance of a minister there & other necessary chardges, shallbe freed from all manner of rates, chardges, or contribu'ions to the toune of Ipswich for their land & stocke in or belonging to y" said village.
Itt is o' dered, y' Straweberry Bancke & Dover be sen' to for what they stand indebted to y" country for their depu'^ dlett & Cour'e chardges, & cou''se taken for it.
*In ans' to y*^ peticon of S' Pdeh' Saltonstall, for seuerall soiTies of raony [*-i7.]
48 THE RECORDS OF THE COLONY OF
164 5. w"* lie fo''me''ly laid out for the vsc of tliis country, itt is ordered, y' for five barrells of pouder he sen' hither he shallbe allowed thirty pounds, for his ex- ponces in the country suite vpon y" quo ■\va"'anto twenty pounds, fFor monyes paid to ^M"^ White & JM'^ Ballard ffifFty pounds, ou' of vf"^ is to be deducted petition. nyne pounds y' Rob' Saltonstall hath had ; and for his monyes put in as his
adventure he is to be allowed his just pporcou of lands, as other adventurers & unde'^takers have vpon peticon to this Courte : for his mony deliuered to Pont, y** Cou^e seeth no cawse to allow it. w. Hawthorne In ans"" to y^ peticon of Cap' W" Hau"'o''ne fFor 250 ac'"es of laud to be
B both adioyned to Majo' Genne''all Endecotts farme, at y° west end thereof, so as he
j)cu''e y'^ consent of y" inhabitan''' of Eowley, in whose bounds it is, fFor •w'^^ itt is o'dered, y' they shall have liberty to take so much land in some other place at the end of their 8 miles.
By both. The oath for y'^ ju'y for life & death agreed on by both houses.
Jurymen oath. _ /.*i'i/--.i. 'nn
low doe sweare by the great name of y' Almighty bod, y' yow will well & trewly try & trew deliuerance make of such p''isono''s at y"" barre as yow shall have in chardge, aco''ding to yo'' evidence. So help yow God.
D. Gov, re- Itt is o'"dered, on y" request of o'' honno'"ed Dep"' Goiin'', y' y^ 50* fo'
ques 0 . ine''ly graunted him for his service in y'= place of GoQn'', anno 1642, be paid
By both. •' ^ •' ^ ' > f
him out of the treasury, deducting 5** fFor Katharine, one of y° maids
brought ouer on the countryes stocke.
J. Gonkiyn. In ans'' to y" peticon of John Conklin & Annanias Conklin for the ncg-
By both. jgj,t of jj^g yndertakers of y>= glasseworke these 3 yeeres past, either to be free
Petition of
glassworks to pvidc for themselves or to leave it of in regard of y" publicq. interest, their request is graunted, provided that if any of the ptyes interes'ed shall, vpon timely notice, shew cawse at y* next Q''f Courte a' Boston, wherevpon y' magis'^ shall judge it oequall that the cawse should haA^e further hearing, then the full ansr & determinacbu of this peticon shallbe deferred to the next Gen- ne''ll Cou''te ; otherwise the peticSne" shallbe at liberty, acording to theii- desire. By both. Itt is ordered by this Cou''tc, that Eicli'^ Saltous'all, Esq', & Cap' George
in"Ei"'und"'''^^ Cooke shallbe joyned w"" ^L' Pocoke & other o' coinission''s in England, in negotiating for vs before y*' right honno'able the Earle of "Wanvicke & the rest of the coinissione''s for plautacbus, &c, or before the high Cou'te of Parliamen', if occacon require, concerning the 2 late graunts or charte''s for goucrmcn' or jurisdiccou in the lands adioyning to the Narragansett Bay.
Letter to M' R. WiUiaras, Providence.
THE MASSACHUSETTS BAY IN NEW ENGLAND. 49
A coppy of a letter sen' to ]\I'' W'"% of Providence. 1 G 4 5.
S', wee receavcd lately ou' of Ensrland a charter from v" authority of v° _ ^ ,
JO J J J ■; October.
high Cou'"te of Parliamen', beareing date 10"> Dccembe'", 1643, whereby y° Nar- By both, ragansctt Bay, & a certaine tract of land wherein Providence & y° Hand of Quidny arc included, W^** wee thought *fitt to give yow, & other our country men in those Jits, notice of, y* yow may forbeare to excercise any jurisdiccon l*'^^-] therein, otherwise to appeare at our next Gemie"'all Cou^'te, to be holden the first 4:^'-^ day of y° 8 mon"", to shew by what right yow claime any such juris- diccon ; for v/"^ purpose yo''self & other yo' neighbo'^s shall have free liberty to come, stay, & retourne, as the occacon of y° said buisnes shall requu-e. Daf^ at Boston, in y« ]\Iattatusetts, 27: 6 &, 1645. To M"^ Eoge-- W"'^ of Provi- dence, bv o"'der of y" counsel!.
^ INCREASE NOWELL, Sec'.
In ans"" to a petiubn of seuerall inhabitants of y"' toune of Braintree, fFor By both, y app''obacon of this Cou''te, to goe & plant a tounc in y" place where INI' ^- ^- '=°°'- ^'" Go''ton did live, itt was graunted, so as they take not vp above 10000 ac's ; & Braintree that seven be freemen, to dispose of toune affaires, & that they build tenn '"habitants
•' petition.
howses there w^Hn this twelve monk's.
A lette"' to ]M'' W™% of Piscataq..
Boston, y- 14"^ 8 &, 1645. U October.
M"" W""' : Y= Cou'te, vnderstanding y' y"= negroes w"''' Gap' Smyth Smith By both. brought were fraudulen'ly & iniuriously taken & brough' from Gynny, by \vin^^ '" Cap' Smiths confession, & the rest of y" company, doth resolve to send them backe, & therefore doe desire y' the negro w'='' yow had of Cap' Smyth be forthw"' sent hither, that he maybe sent home w"'out delay. If yow have ought to alleadge why yow should not retou'lie him, to be disposed of by the Cou''te, itt willbe expected yow should forthwith make it appeare, either by yo'self or yo' agen', but not to make any excuse or delay.
Vpon y'= peticon of J\I'' Stephen Winthrop & Cap' Joseph Weld for the Stephen Win-
throp petition.
By both.
country to beare their chardges, & save them harmelesse in y^ suite betweene Alderman Barkly & them, w"" respec' to a judg™' here recouered ag"' the said alde'"man for y« Lady De la Ton'', itt was answered, that there should be a ce'tifEcate of the tru"' of y" Cou'ts pccedings in y" suite, & leave them to their lawfull remedy ag"' the said Alderman Barkley.
In ans' to y" peticon of M"' Thomas Foule, for y" countrye to beare his By both. chardges for Alderman Barkley staying his shipp, w"' rclacon to y- judg™' ag"' tj'tlon^""''' '"''
VOL. III. 7
sold.
50 THE RECORDS OF THE COLONY OF
1645. y said alile'inan, the C'ou'"tc ans" him as they did ^P Wiu'lu-op & ]NP Wekl,
as above.
Ill alls'' to y"" pcticoii of Eob' Turner, for his debt dew to him, itt
is ordered, y' he shallbc allowed after 8' p ecu'' for fo''bearaiice, & y' he •^' °* ■ shall have a warraii' to the Treasu'"er to make good & speedy payment of
y'' M'hole. By both. Itt is ordered, y' ^NP Hob' Sal'onstall, giving an full acquittance to y"
fcc'^stiXd"" ^^'^'■'^ ^°^" '^'''^^^^ '^^^^^ ^'^'^ ^^'^"^^'' '° '^^ ^^'■'^^^ Saltons'all, y' he rcceavcs by vir'ue
of his fatlie'"s letter of atto'ncy to him, shall have what is allowed by y" coiuit-
tce, so as, before he receave satisficcon, he pay his fine of 10* for his grosse
abuse ; the audlto'' signing him a bill to the Trcasu''e'' for it. [*49.] *Itt is ordered, y' if M" Stoughton bringe two sufEcycn' men, or more,
By both. to answer the counfy for what hir late husband stands indebted to the
to give securi- Country to y^ satisfaccon of y" audito'' geiiue''all, shee shallbc dischardged ^- therefrom by y" audlto^
By both. Itt is o''dercd by this Cou^te, y' y" s^'veyo" genne'"all shall hereby have
poAve' to sell all y° countryes amies vnto any pson o"^ psons inhabiting w*''in
this jurisdiccon, he giving an acconipt for what he shall sell vnto y° audito'
geiiiie''all. By both. Itt is ordered, y' y" associats of y" Cou''ts at Salem & Ipsulch, for y"
time being, shall continew as associa'^ till this C'au''tc take further o''der.
18: Ociob. 18 October. The Cou'te, not taking it well, y' y" Castle is & hath binn so long neg-
Castlerepairs 1 .J ^^ bv y'= scil" touues y' vndertooke the finishing thereof, doe o'de'', y'
Towns fined, if •' •' •' o '
neglected. if, by the last of this instant month, the toune of Boston finish not y'' pte w"^'' ^^ """ ■ belongs to them at y° Castle, as hanging of y« gates, o'^ elce they shallbe fined
twenty pounds, &,for eiiy day y' any thing w"^ belongs to be donne by Bos- ton, & is not donne afte"^ that day, they shall fo'feite five povnds a day mo'e ; & so for Do'^cheste'", Charles Toune, & Cambridge, w' workc socil belongs to any of them to doe, & is not donne w"'in this fortnight from this day, to be fined twenty pounds a peece, & five pounds a day for euy day y* any thing belonging to any of those tonnes arc vndonne, or not finish' afte" that time. Committee to Itt is o''de'"ed, y' 51'' liibblngs, M'' Spa'haukc, & Edward Rawson shall
audit y'' accomp'* of M'' DoAvning & INIaj"'' Nehemiah Bou'^nc for y'' debt w'''' v" last yeere INI"' Donning was quEcstioned for, if it maybe in y" sitting of y' Cou''te, or els before the sliipp goes away for England ; & they have hereby power to summon them, <S: ajipoint the time of meeting for y' end, & cither
nudit accounts, By both.
THK MASSACIIlfSETTS BAY IN NEW ENGLAND. 51
to signc liim or them a bill to the Treasurer, if any tlung be dew to liim or 1 (5 4 5. them from V' country, or to vse all y' mcanes they caune, or y° lawc aftbo''ds, ' '^ ' to pcu'e ■w'' dew to y* countiy from him or them, as shall appearc.
*Itt is o''de''cd, y' y somme of six'y pounds, w"^ j" Depu*s engaged them- [*50.] selves to pay to James Penn in mony, wheate, beavo^ barly, or catle, y" Byboih. same not being pformed, shall forthwith be paid by y Treasu''er, aco''ding to y money to be p". said engagement.
The Cou''te, being often troubled w''-" y° suits of pticule"" psons, doe o'"de'' By both. y' M'' Smith shall pay twenty nobles for y'= defraying y" chardge of y° Courte p^y court " in y" hearing of his cawse, & y' y" toune of Ipsuich & y" peticbn'"s of y'= New '^'^^■^s''^-
. . ' '\Vateitoi\-u.
Meadowes shall pay ffive pounds for y* time their cawse tooke vp in this Cou'"te ; ffiffty shillings y'^ toune, & ffiifty shillings y"* petic6n'"s ; & y* Wate''- touno' shall pay ffifftcene pounds for y" time their cawse tooke vp y^ last Cou'tc.
Nicolas Symkins, swo'ne, saith y' he carryed to y'' Castle three peeces of M' Beiiingham ordnance in a lighter, for y° countrys vse, av hereof one was a sac''e, w* M"^ ^ a^eagun. Bellinghm sayd was his ounc, & some of y' people said y' it was M' Bcl- linghm guiie ; this was a tcnn ycrcs agonnc. Deposed before Tho. Dudley, GoQ, 21 Octot, 1645.
Itt is o""dered, y' y" s''vcyo'' gcnnell deliur the same or y° like gunne to By both. M' Bellinghm.
In ans"' to y"" peticijn of Em : Douning, Nclic : Bou''ne, Rob' Seduikc, Tho : Anabaptist Foule, w*"" others, for y"* abrogacon or alte''acon of y"^ lawes ag"' y° Anabap'**, ,Q,.jg and y' lawo y' requires speciall allowance for new comc''s residing here, itt is ^y both- ordered, y' y" lawcs in y"' peticou mcnconcd shall not be altered or cxplayncd at all.
For y" bette"^ defraying the great chardgcs y' necessarily attends the pul)- Wines, duty licq, occacons of this coilion weale, w"^ by all is desired to be lessened as much as may be, itt is ordered, y' cfly pson that shall receave any wynes from any vessell a shore on any ptc of this jurisdiccon shall pay to the office's appointed to receave it, for cuery butt of sacke 10% & so pporconable for lesser vessells ; & for euery hogshead of French wyncs t\\o shillings sixe pence, & so proporcona>sle for lesser vessells, w'^in sixe dayes after his receip' thereof, either in mony, good ma''chantable bevor, or in the bes' of y" same wyac, at the marchan's imzc. And if there be any pson that shall not, w*''in fower dayes after the receipt of any *wynes a shore, enter the same into the [*51.1 booke of the said offic"", or his depu-, so much as shallbe found or p^'ooved to By both be receaved, & not entered into y" said office''s booke, shall be forfeite to the sole vse & bcncfitt of y" country & officer ; halfo to the country, & halfe to y"
52
THE RECOKDS OF THE COLONY OP
1G45.
G. Carpentc petition.
[*53.]
By y l)epu", Fines to be paid.
E. Saltonstall petition.
By both. Maj' Gibbons
By both. Committee to examine ac- counts.
By both. J. Sherman clerke of writs. By both.
to ^ collected.
officer, or the worth thereof in like good pay, as before ; & all fo''mer orders for any rule or imposicon vpon wynes be invalid, & hereby repealed.
Vpon a peticbn of M"' Gilbert Carpenter, for a review of the rep'^isall of his shipp, ^senting new evidence, his peticbn was grauntcd, the case heard, & y" evidence examined. Ypon all W'' ^ ^ ^
[The remainder of this page and page *J2 blank]
*M' Samuell Shei^'^d, being to goc for England, at his request was dis- missed li-om further attending on the service of y* Cou'te.
Itt is ordered, whoeuer is fyned by the Howse of Depu'% & hath not or shall not pay his fine, though it be but sixe pence, for cfly sixe pence as is not paid, w'Mn three dayes after he shall be fined, to y" Treasii''er appointed to receave the fines, not giving a reasonable ans"' to satisfaccon, shall be called, by the Speaker for the time being, to y' barrc, & there answer his contemp* for the breach of this o'dcr.
On y° peticbn of Eichard Saltonstall, Escp, M"" Hlbbcns is appohited in M' Jlayhews roonie, to joyne w"" INI"' Nowell, to examine, take, & perfect y° ac- compts of the said Richard Saltonstall, in respect of ]\I' Dillinghm, deceased, whose exccuto' he was.
Itt is ordered by this Cou''te, y' y' s''veyo'" gcnne''all shall hereby have power to sell all the countryes amies vnto any psons inhabiting w*''in this col- lony, & to give an accomp' of all such amies sould by him vnto the audito' gennc''all.
Itt is ordcrcrd, y' Majo"" Edward Gibbons shallbe putt to take his oath, truly to discouer w' goods belonging to y" Canary nia''chants arc now rcmavni- ing in his hands.
Itt is ordered by this Cou'te, y' ^l" Pellham & JNI'' Hibbings shall have power to examine the accomp's betweene JNI' Humfry & M' Eob' Saltonstall, & to take order y' if ]M'' Saltonstall hath receaved of M' Humfrys estate more then was dew to him, ho may make dew satisfaccon before y'' ship goes for Engld.
.Tohn Sherman, at y'' request of y'' toune of A\'ate"toune, is chosen clarke of y'' writts there, instced of M" Aires.
The Howse of Depu*" conccave themselves bound to atfoord the office" for the custome of wynes all jus' power to come to y" ccrtaine knowledge of w' wynes, by any pson w'soeuer, in this jurisdicGon, hath binn drawen or is begunne to be drawen by them, or any of them ; therefore o''der y' all such psons, liccns' or not, shall be suiiioned to y" next Qua''ter Cou'te, there to give in vpon oath the truth of what they, or either of them, doth or hath donnc, to y"-' sutisfaccbu of s-' said office'', & that such as are licens' & have not given into
THE MASSACHUSETTS BAY IN NEW ENGLAND. 53
y"= Q'-f Cou'^ts the tru"' of w' they have donne are contemne'"s of the lawc, 1 G 4 5. & should be fined for their contempt thereof; this to reach to Douer & Straw- ' ' "^
18 October.
berry Bancke also.
Itt is ordered, y' v" five pounds, w'^ W Pellani disbu-'sed to Cap' Bridges M' PeUam to
... be paid money
in ready mony for y countrycs occac6ns, be forthw"» paid him in the best pay disbursed. the Treasurer shall receave, although he should not demand the same.
In ans' to y'= peticijn of Ephraim Child & Jo: Heiward, in behalf of Sam : Phillips, y= ans'' referred to y" next Q^"" Cou'te, at Decembe''.
•The petiuon of Richard SaUonstall, Escp, M'^ Symon Bradstrectt, M'^ Sam [*54.] Symonds, M'' Richard DuiTier, M'' W" Hubbard, Cap'AV'" Ilauthorne, & > M' W"" Payne. To y" Genne^all Cou''tc. Whereas vo' peticone''s, w'-' some others, have some thoughts of a dis- RicM Salton-
stall and others
couery of y^ great lakes, & other lakes that lye vp in the countryc, & to build incorporated
Ti 1 • f 1 ,1 . •« into a tradinpf
some tradmg howse, or bowses, ni tree places vpon tlie coasts or rive's, wee po„ „,, therefore thought good, before wee putt ou''selvcs to chardges, to moove this By both honnored Cou''tc for the furtherance of this designe, to graunt vs these things following, (viz. :) First, y* wee may be established by o'^der of this Cou''te, as a free company of adventurers, w*'> liberty to admitt & advancement of the worke, & to make such wholsoiTi o'dcrs for the well mannaglng of our trade as is graunted vnto such companycs in other pts. Secondly, y' w*soeuer ti'ade ■wee shall discouer w'-'in y" compasse of three yeeres next ensewing, (if y' Lord blesse oui- indevo^) wee may enioy It solely to o''selves, & if y'^ rest of y® company, for y^ space of twenty yeeres after such discouery made & howses built, w"* full poAver & authority from this Cou'^te to inhibite & restraine all other psons w'^oeuer, during y' terme aforesd, y' shall attempt any trade by vs so discouered or setled, w""out y° warrant of the aforesaid company, or if they have or shall intermedle therein as aforesaid, that then it may be lawfull for vs to seize vpon such goods so traded ; & wee humbly desire y" favo'' of this Cou'te to graunt vs yo"" letters vuder the publick seale to y° French or any other w"' whom wee may necessarily have to doe in the psecuting hereof, for the further countenancing of our pcecdings. Lastly, wee desire the like lib- erty & power for y"* vse of a caravan, to be advanced any way vp in the coun- try as farr as wee shall thiukc nicetc : provided, it shall be lawfull for any man to sett vp any trading howse & to trade in or vpon any such rivers, so as the same be not w*in 20 myles of any such trading howse as this company shall erect. Itt is intended that no trading howse shallbe erected w'l'in 50 miles of any plantacon w"* such like priviledg that is in our jurisdiccon, viz., planted by the English ; and it is intended y' any man A\"'in our jurisdiccon may put
54 thp: re(^ords of tiik colony of
1G45. ill liis adventure & be of the company, so as he cometli in Av^'in 12 mou"'': ' '' ^ pvided also, that if all the "S'nited Collonyes shall agree vuto & carry on a
18 October. ■ 1 c 1 " 1 1 •
genne''all trade at any tunc hereaitcr, that then this company shall surcease from going on in this -way of pticuler trade w"" such as have like po-\ver of pticuler trade, so as there be first dew satisfaccon made to this company, & other that shall be expended about the psecution of the said pticuler trade. Tliis peticon is graunted, pvided that these adventurers shall not contradict the former graunt to 31'' Hill & y" rest.
Whereas this Cou'te hath found by much experience w' damage y' coun- try sustaynes for want of keeping exact accomp'^ of all monyes that is dew to the country, either by guifts, fynes, rates, legacyes, & otheruise, as also of [*55.] monyes issewing from the countiy vpou seuerall occacons, *they have thought fitt, this 15"^ October, 1645, to elect & make choyce of Left Nathaniell Dun- combe to be aiiditor geime^iU for this country, & have conferred vpon him tlrirty pounds p ann during the pleasure of the Cou'^te, to be paid him by the country for his paynes & care that he shall take in the faithfull dischardg of his place, who is also to take his oath for the dew & faithfull execution of his office when he shallbe called thcrcvnto, who shall give an accompt thereof to this Cou''te as often as he shall be thcrcvnto required. Itt is therefore ordered by N. Duncombe t^i* Cou''tc, 1. That the said audito'' genne''all shallbe carefuU to place no auditor gener- ^^^^ ^.^^^^^ ^^^ country W" doth not rightly belong to them to pay, or ^y■'^ doth more properly belong to any coUony, toune, or pticuler psons to dischardgc, and if there should be any dowbts arising herem, or in any such like paymen'% that he suspend the payment thereof till this Cou'tc hath determined the same. By both 2. That he shall examine all notes, bills, & accompts vpon V^ the coun-
owscs. ^^.^^ -g j.^ make payment or satisfaccon to any pson, & to agree w''-" them about
the rates & prizes sett doune if they seeme to him vm-easonaLlc, or if they have not before binn agreed av'^, & that for the future he shall passe no bills to y" Treasurer to pay except they bring pticuler notes vndor the hands of such as have receaved or taken vp any thing for w'"'' the country is to be chardged w"', as for fferriages, messuages, diett, & such like things, & the Treasure'' shall not allow any bill before it hath binn signed by y" audito"", who is to be an cequall judge betweene the credito'' & y"" country, that wrong may not willingly be donne either way. Rules & reg- 3. That hc kccpe pfect bookes of accomp's of all such things that shall
ulations to di- p^ggg thorough his hands, appertaining to y country, or signed by him, to be paid by the country, as also of all debts & dewes belonging to the coantiy, either bv fines, rate>, guiftcs, legacyes, rents, customcs, imposicon?, or any
THE 3IASSACHU3ETT3 BAY IN NEW ENGLAND. 55
othcrway ; and tliat he may the bette"' doe it, the Sec'"eta''y, from time to time, 1 G 4 5. after cucrv session of the Gcnne'all Cou'te, & at the end of eucry Quarter '' '
18 October.
Cou''te, or any other, give notes of all fines or pfhtts that shall arise or appcr- taine to y'^ country, by entering of acctins, or any other way, that he may enter them into his bookc, & take o''der for theii- recouery at the times agreed vpon. And to that end power is hereby given him to suinon & call before hun all ff;irme''s or other ofhc's, that are to receavc any ciistomes, imposicons, or rents, belonging to the country, & to take theii' accomp's, & to o''der ^theii- paying of them into the Treasu^'er, aco''ding to the times agreed vpon ; also, to call before him any pson that is indebted to the country, at such time & place as he shall appointe, to give accomp'^ of such debts. He ha*'^ also power to issue out warrants to psecutc, by cou''se of lawe, any such debto"^ as, being fotmd in arrerages, shall not, vpon demand, make deAV satisfaccon thereof; & that the ma'"shall be ready to dischardge his i^lacc, in niatte'"s of this natu''c, when the audito'' shall requu-e him therevnto.
4. That he take care y* all such as bring suites & controuersyes into the Gennerall Courte shall pay y° chardges of Cou'"te for so long time as they
shall spend in the hearing or determining thereof, *aco''ding to a former order [*56.1 of this Cou'tc made to that end.
5. That he take notice of eucry rate y' is graunted from time to time, & how it is ppo'cbned to eQy toune, & make the Treasurer debto"" for so much, y' so y' country may have a just accomp' ; & he hath power at any time to ex- amine or view the TreasuV^ accomp'^, that so his owne bookes & accompts maybe y° more pfect & ready ; & if any difference or difficulty should ari§e betweene y"' audito' & Treasu''o'', or y' the Treasu'e' should thinke it apper- taines to y'= audito' to looke after, that, in such cases, they joyne together to doe what they cann, that the buisnes of the country be not neglected, vntill the Genne'all Cou'te shall order it betweene them.
6. That he shall take notice, & looke after wasts, streyes, goods losts, l^^ ^^j^g . shipwracks. whales, Sci^, or any such things of the like nature, where the ^°^^^ ^°°^^ '"
, _ ' be taken care
pticalcr owno's is not knowne, & y° country may claime a p''ivilcdgc or coiTion of. right vnto.
7. That he kecpes by him a coppy of the records & o'dc's of Cou''te, from time to time, so many of them as conccrne his place, for his dircccbn vppon any occacbn.
8. If messengers be sent fo'th vpon any publicke occacbn, or such like service, to be donne for the country, that he agree w"" them for their paynes ; or if any be to be gratifyed for bringing letters or messuages hither, he may o'der y' same to the best advantage of the country, lc then direct his liill to y" Treasu'o' for the dischardge thereof
56
THE EECORDS OF TIIE COLONY OF
1G4;
payment to be agreed upon.
liy both honscs. Indians to be civilized.
9. When any skall come to give in testimony ag"^' malefacto''s, in falth- fulnes to God & the country, & they require their chardges for it, y* he may agree w"^ them for ^Yh^t is reasonable ; & in all other cases wherein the countiy is to be at cliardg about pattcnts, bounds, or ju''isdicc6ns, that he be the husband for the country, y' immoderate or needlesse chardgc be not brought vppon the same.
10. That all the Cou''ts w^^in this jurisdiccon, cither the secretary or clarkc of that Cou''te, or some other Avhom the Cou'te shall appointc, shall take pticuler accompt of the chardge of that Courte, & then leave a note, vnder his hand, w"' him that hath j)vided for that Cou^e, v,-"^ he is to bring to y" audito'', to enter into his booke, before he appointc the Treasu^o"^ to dis- chardge it.
11. That all these things, before menconed, or any other things not yett named, that shall appertaine to the pffitt & behoofe of the country, he hath hereby power to o"'der & take care of, suitable to y" nature of his office ; and w'soeuer shallbc so receaved, he shall appointe to be jjaide into the Treasure' of the country, & so to chai'dge him M'"" it, & to take receipts from him for what he receaves by his appointment, that so a clcarc accompt may be kept of the chardges of the country yeerely, & what comes in, besids rates, for the dischardge thereof ; & all fo'mcr orde''s for signing of bills, for payments, or ordering of accompts, concerning the country, is hereby repealed.
Lastly, that the audito"" shall signe no bill, to be paid by the TreasuW, for any that is indebted to y" country, till he first pay his oune debt, or de- faulke, so much out of that he is to rcceave of the Treasure'' as his debt comes to ; & that the secretaiy or clarkcs of cueiy Cou''te, & all such raagis*^ or coinisslon''s as shall asist any officc"'s, or receive any summes, &^, for the countiyes vse, by speciall o''der, shall w"'in fowe''teene dayes after estreate such fines, or other dewes, to the *audito^ who shall send a transcript, or note thereof, to the Treasu''o'', that the same may be called for or le^yed aco''ding to the cou''se of lawe ; & all other psons who have formerly receaved, or hereafter shall receave, any guifts, fynes, or other dewes to the countiy, shall make like certifficate of the same to y" audito' w"'in one month after the end of the Cou''te, fibr such things as are passed, & w"'in the time limited for time to come.
This Cou''te, being mindful! of their dutyes, to cndevor as much as in them lyeth, that all meanes may be vsed to bring the natives to the knowledge of God & his wayes, to civilize them as speedily as may be, & that some such course maybe taken as may cawse them to observe those rules, order, y' no- tice lie given to v'' rcurreud oldc''s, In their scucrall shiers, of the ready
THE MASSACHUSETTS BAY IX NEW ENGLAND. 57
niindc of this Coirtc, vpoia mature doliberation, to cnacte what shall he thought meetc hereabouts, & of their desires that they would take some payucs therein, & rctou'ne their thoughts about it to the next sitting of the Gcmic''all C.'ou'te.
After many agitacbus about finishing the Castle, & sctling a garriso there, itt is concluded & o''dered by the Cou'"te as followcth : —
First, that the country shall allowe fifFty pounds for y" building of the CusUe, further cap' howse ; secondly, that the country also shall allowe one hundred pounds pe,id"d rm. towards the finishing of the said worke, and this aco'ding to forme'' o'der of By both Cou''te'j and for any fu'ther charges for finishing the said worke, y'= five tonnes w'''' A-nde'tooke it are to see it fiully ffiuished, aco''ding to agreement. And for y" setling of the garrison, itt is fui-ther ordered, y' the cap' of the Castle shall have the whole care of priding a sufficient gunne'', w"' tcnne men, for tlie ■whole ycerc, «S: tcnne men more for eight mon''''s ; & to be allowed for him- self, the gunne'", and the rest of the garrison, yecrely, the somme of two hun- dred and eighty pounds, to be paid him in manner following : For this psent ycere, one third ptc in hand, another 3' pte at halfe n yccrcs end, and the other third pte at the yecrcs end, & for time to come to be paid in two pay- men'% the one at halfe a y ceres end, the other at a yeeres end ; & what hath binn already layd out by the capt, to have speedy satisfacGon for the same. And likewise, itt is further ordered, that the said two hundred & eighty pounds, above menconed, shallbe paid him in manner as followeth, aIz. : FifFty two pounds by Boston, in money, bever, or shopp coiliodityes ; y" one moyetye & the other moyetye in such pay as the cap' shall accept of, as the rest of the tonnes doth pay him in; twenty pound twelve shillings by Charles Toune, whose pay y= cap' accepts, & of Roxebury, on hundred bushells of Indian meale, deliQd at the Castle, & twelve shillings in Indian co'"ne, or other pay ; twenty pounds sixteen shillings by Dorchester, in -wheat, pease, barly, rye, Indian co'ne, or ffiitt catle, of each a like valew ; of Cambridge, twenty pounds sixteene shillings, in the same pay. Fa''ther, it is o''dcred, that the capt of the Castle shall have the vse of the iland to himself, and that the capt, w"" the garrison, to be freed from all country chardges ; and that a \^'arrant be issued out of this Cou""te, vnde'^ the hand of the secretary, to give notice to y'= gunner of this agreemen' made w"^ y^ cap', y' so he may pvide himself of some other imploymen' elswhere against the spring.
* The oath of y'' audito''. Yo" doe swcarc, y' yow \\-ill well & truly sc''ye this coinonwcalth in y-"
[*58.]
By botli
office of audito"' genne''all, wherevnto yow have binn chosen, so long as yow howses.
58
THE KECORDS OF THE COLONY OF
1645. shall contiiicw in the same; vow shall kecpe a true accomp' of all things
' 'T—"^ coiiiitted to yo'^ chardge ; vow shall not omitt, ^''^out just occacon, or delay to
Auditor's oath ^^x^i^i"", signe, & dispatch all accomp'^ & bills, -w'^ shall be brought to vow for
that end, 'w"'out taking any ffee or reward for the same, other then this Cou'te
hath or shall allowe, & shall give vp a true accomp' of all yo'' buisnes when
vow shallbe thereto required by this Cou'te.
By both bowses.
Capt. Smith, of Vpon thc petlcous of Cap' Smith, il'' Kelsar, M"' Selleck, & Grosse, that
and M-'seileck ^^^ Courte would hcare the case anew about the shipp Rainebowe, their re- dispute. quest was granted, the case heard, wittnesses on all p'' heard & examined, &
Courts opinion.
the Courte did judge & determine as followeth : —
1. That Cap' Smyth Avas chiefe coramande"' of the shipp Kainbowe, & naa''chan* of the goods, & so both at his dispose.
2. That M' Keiza"" had no power nor just cawse to bring away the shipp from the Bai-badoes, but in so doing did breake their couenan' ov charty party, notw*''standing the dainge'"s he jJtcnded he was in in regard of his ouue pson or thc losse of thc ma^'chan's goods.
3. That W Keizar should pay to Cap' Smyth these ensewing damages, viz. : For losse in wyne, that might have binu soald to more pffitt at Barbadoes then at Boston, the some of nyncty pounds ; for Smith & his mans chardges at Ba''badoes coming hither, & for other defamation here & there, the soihe of fiffty pounds.
For the negroes, they being none of his, but stolnc, wee tliinkc mcete to allow nothing.
4. That the said Keizar, & the rest of y*^ saile's, in strictnes ought to loose their wages.
5. All circumstances considered of Sellecks carriage at Piscataq., & his letter to Keizar, at B.xrbadoes, wee thinke it £equall that Keizar, Sellecke, & Grosse should only have their jjrinciple soiiies adventured paid them.
6. The shipp & pceed of y* cargo to be deliuered as now she is to Cap' Smyth, he paying such dew chardges as hath necessai-ily binn layd out about hir since his coming hither, & that she is now the better for to be judged by Goodman Chafy & Goodman Garrett, & that the shipp may be stayed till y° o'der is satisfyed.
*That Cap' Smith shall allowe Keiza' tenne pounds for threatning to pis- toll him, & y* Cap' Smyth take his remedy for y° seamens wages.
In ans'' to y'' petieon of y'^ vnd'tak'^ of the ii-on workes, 1. Itt was graunt- ed by this Cou'te, ordered, that the A-ndertakers, their agen''* & assignees, are hereby grauntcd thc sole p''ivllcdge & benctitt of making iron iS: mannaging of
[*59.]
Iron works couraged.
THE MASSACHUSETTS BAY IX NEW ENGLAND. 59
all ii-on mines & workcs that now arc or sliallhc dlscouerpd & found out, or 1 (14 5.
hereafter shallbe lii this jurisdiccon for the terme of twenty one yccres from ' > '
the fo''mer graunt, provided, that the said adventurers, their agcn'" or as- signes, doe, w"'in three yeeres from the forme"^ date, vse their best endevo's to their vtmost skill to pfect so many of the said workes, that the inhabitants of this jurisdiccon be fu''iiished w"» barr iron of all so''ts for theii' vse, not ex- ceeding twenty pounds p tunne ; provided also, that it shall be in the liberty of any w'Mn this ju''isdicebn to be adventurers w"» the vnde'take's, if by the last daj' of this October they bring in theii- adventures, not lesse in one mans name then ffiffty pounds, w"> allowance to the adventurers for the stocke of one thousand pounds, by them already disbursed.
2. The Courte doth heereby fuither graunt to the said vndertakcrs, their agents and assignes, in all places of wasts & lands not imppiated to any toune or pson, that the said vnde''take'"s, their agents or assignes, at all times during the said terme of twenty one yeeres, shall & may freely, & at their oune discretion, have & take all manner of wood & timbe'' to be converted into coales, or any other vses for the service of the vnde''take''s, as also all manne"" of earth, stones, turfe, clay, & other materialls for buildings & reparations of any of then- workes, forges, mills, or howses built, or to be built, or for making or moulding any manner of gunnes, potts, & all other cast iron ware, & for conve''ting wood into charke coale, & also to gett, digg, & carry away of all manner of stone, iron oarc, & wood of all soarts, & any other nlaterialls or things of vse for their workes: & it is hereby also graunted to the said vndertakc", their agents or assignes, that they shall have free llbe'''y to make all convenient wayes & passages, as also all manner of dailies, watc"' cou''scs, sluces, ponds for water, in all wast grounds, or other convencyes to, from, & for the service of the said workes, built or to be built, not imppiated to any toune or pson, during such tinie as the said workes shall continew ; provided, if, by any pond, sluce, watercou'"se, damme, or any other Avorke, (though in land imppiated,) they should spoile, or any wayes p'iudice the land appiated to any toune or pson, the said vn- dertake's shall make due and just satisfaccon. 3. Also, the C'ou't doth hereby further graunt to y^ said adventu^'e's, their agen*^ or assignes, in all the grounds that are or shall be *appriated, that the said adventiuers, their [*60.] agen'' or assignes, shall have free liberty, at all times during the terme, to digg, gett, carry away, all manner of stone or iron oare, & to make & vse all convenient wayes & sluces, watercou''ses, pooles, dammes, ponds for wate"", & other conveniencyes to, from, & for the service of the said workes through iill the said grounds that are or hereafter shallbe imppiated, ("except howses, or- chards not exceeding three ackers, & vards,) giving such due & full iccom-
THE RECORDS OF THE COLONY OF
pence for the same to tlic o^^•no'''' thereof for the time behig as three iiidif- ferout men shall adiudge, whereof one to be appointed by the said Cou'tc at the next gennerall meeting after the vude''take"'% their agen*' or assignes, -shall make or vse anv of the said waycs or watercourses, or other pticulers therein menconcd for the services aforesaid, & one other by the owno"^ of the land for Iron works, the time being, & the third by the vndertakers or adveatii''e''s. 4. The Cou''te for encoura-c- hereby doth further graunt vnto the said advcntu''e'"s, & to their hcires and as- '"'^"'' signc.-i forcuer, so much land now or hereafter to be in this ju'^isdiccon, as afore-
said, as shall containc in sixe places, tlii-ee mile.s square in each place, or so much in quantity as containeth three miles square, not exceeding fower miles • in length, to be sett o;it in such places & parcells as the said yndertake's or their agen'^ shall make choyce of, not being already imppiatcd as afo''esaid, vpon w"^"" said land the said advent nrers shall have free libe'"ty, & hereby doe YndcHake that Av'-'in the said terme of ^ yeeres, to search, sett out, & find convenient places w'^in the said compassc of land, for the building & setting vp of sixe forges or furnaces, & not bloomaryes only, or so many more as they shall have occaoon for, for the making of iron as aforesaid, w"^"" they shall (the iron stone & other materialls pving pper & fitt for the making of iron as aforesaid) build & sett Ap w^'in the tenne aforesaid, provided that y"^ Cou'te may graunt a plantacon in any place where the Cou'te doth thinke meete, the ad- venturers or their agents there residing having first notice thereof, & not making choyce of the same for pte of the land to be sett out & graunted to them, for the designc of planting the said iron workcs & making iron as afore- said ; and itt is further graiintcd & ordered, that what quantify of iron of all sorts & quallifycs the said adventu'e's, their agen'^ or assignes, shall mal:e more tlicn tlio iuhahltnn" shall have need & vse of for their se'Vicc, to be r*61.] bought & paid for liy the said iuhabitants as aforesaid, *they shall have free libe'^ty to transport the same by shipjiing to other pts or j^laces of the world, & to make sale thereof in what way & place the said adventure''s shall please, for their best advantage, for their best advantage, provided they sell it not to any pson or state in actuall hostillity ^^•"' ^■s.
6. Itt is further graunted & ordered, that the said vnde''take''s, & agents, & servants shall, from the date of theis p'"n'', for euer have & enioy all libe"'- tyes & immunityes w'soeucr, JJsn' or to come, fequall w"" any in this jn'isdiccon, acording to the lawes & orde's thereof for the time being, & acording to the rights & p^iviledges of the churches. 7. Itt is also graunted that the vndc"'- take's & adventurers, together m'"" theii- agen's, servan", & assignes, shallbe, & are heereby, free from all taxes, assessmen'*, contribucons, & other publicke chardges whatsoeuer, for so much of their stocke, store, or goods as shallbe
THE MASSACHUSETTS BAY IN NEW ENGLAND. 61
imployed in & about the said iron workes, for & during the tcrmc of ^ 1 G 4 5.
yeeres yett to come from the date of thcis ^/u'^ 8. Itt is also hereby further "" " ' graunted & ordered, that all such clarkes & workenien, as myue's, fouude's, fyners, hammer men, & collycrs, necessarily imployed, or to be imployed, in & about the said -workes, built or to be built, for any the services thereof, shall, from time to time, durinsf the terme of ^ yeeres, be & hereby absolutely „,
■■' ^ J ^ J J T^ oikmen free
freed & dischardged of & from all ordinary traynings, watchings, &G ; but that from trainings.
eQy pson at all times be furnished w"^ armes, poude'', shott, &(?, acordlng to orde'"
of Cou''te. 9. Lastly, itt is ordered by y* Courte, that in all places where any
iron worke is sett vp remote from a church or congregation, vnto •w'^^ they
cannot conveniently come, that the vnde'"take'"s shall pvide some good meanes
whereby their familyes maybe instructed in the knowledge of God by such as
the Courte or standing councell shall approove of
Itt is o''dered, y' M"" Rawson shallbe allowed out of the treasu^ the soiiie cierk compen- of twenty mai-kes, for the service he hath donne in keepinsr & transcribins ^''""''
■' loo y^j^j
the records of the Howse of Depu'^ for the time past.
[Page *62 is blank.]
*Mt a Genne'-aU CoiCle of Eleccons, begunne the 6'" of May, 1640. 1 04G.
Elected by the freemen for the yeere ensewinge : — " ^^"y-
[*G3.] John Winthrop, Sen., Esq'', GoQu', Thomas Dudley, Esq% Dep* GoQn"',
John Endecott, Esq"', Asistant, & S''g"' Jlaj"' Genne''all,
He''be'"t Pellam, Esq"^, Asistant,
Rich Bellinghm, Esq', Asistant,
Rich Saltonstall, Esq'', Asistant,
John AVinthrop, Jun', Gen', Asistant,
Symon Bradstreet, Gen', Asistant,
Increase Nowell, Gent., Asistant & Secreta'"y,
W'^ Hibbings, Gen', Asistant,
Tho : Flynt, Gen', Asistant,
Sam : Symouds, Gen', Asistant,
W"" Pinchon, Gen', Asistant,
]\P Rich Russell, Treasu''er. John Endecott, Esq'', S"'g'" Maj""" Geuncrall, 1 CoiTiissione''s for the Hc'-bert Pellam, Esqu% j Vnited Collonycs.
62 THE KECORDS OF THE COLONY OF
1646. fhacl tlie next votes as rese^-es to sui)ly the place
or places of one or both of the comisslon's of the "\"nited CoUonycs, if by any providence cue or both should be hiuch-ed, that they could not
6 May. Synion Eradstreet, Gen', Thomas Dudley, Esq'',
The depu'' sent from the sell" tonnes to serve at this Genne''ll C'ou''te are —
Salem: Cap' W™ IIatho''u & IM"' lien: Ba'^tholmew. Charles Toune : M^ Russell, M-- Hill, & M'" AVillougby. Do''cheste'" : LeP Athe'^ton & Jo: "VViswell. Boston : ^laj""" Gibbons & Cap' Keayne. ; Roxbu''y : Jo : Johnson & W" Parks.
Wate' Toune : M" Rich Broune & Ephr : Child. Lynn : Cap' Rob' Bridges & ^M' Lawton. Cambridge : 'M' Sj^a'^hauke & Ed^v. Goffe. IpsM-ich: M' Hubbard & M-^ Whiple. Xewbery : 51'' Riiwson. Weimouth : Tho : Dyer. Hingham : ]\P Allen & Josh: Hubbard. Concord: Lef Willard. Dedham : Lef Lusher. Salisbury : ISl' Rich Dumme''. Hampton : "W" English. Rowley : :M'- Carleton & ■M' Brigham. , Braintree : Peete"' Brackett. Sudbm-y : ^^^alte'■ Haymes. Douer : W" "Waldron, Edw : Sta'buck. Strawebery Bancke : Glocester : ^
Woodbou'"ne : Lef Johnson. Wenliam : M"' Audito^
Cap' W'" Hautho''ne is chosen Speaker of the Howse of Depu'^ for this session.
[*6-l:.] *~rTT is ordered, by y" authority of this Courte, y' cfiy constable w"'in our
JL jurisdiccbn hath by vertue of his office & place . ^ ^ ^ [*65.] * Itt was resolved, vppon the question, & that by vote, notwithstanding all
Voted. the reasons alledged, that the Howse of Depu's should contincw in their set-
houselto be ^^"o aparte & acting a pte from the Magis'% aco'ding to the former order, as seperate. thg ^^g^ suitable to thclr condicons. Voted.
The toune of CoucoVl, pscnting Left Symon "\^'illard to this Coirte, as
THE MASSACHUSETTS BAY IN NEW ENGLAND. 63
him whom they have chosen to be their capt, desiring this Courts app''obacon 1 G -i G. of their choyce & confirmacon, this Courte graunts their request, accepts of ~ "' ' theu- choyce, & confii-mes the said Simon Willard as their capt ; and, further, officers chosen on their request, graunts, y' Timothy Wheele'' shall be their ensigne. By '° t'<">cord. both.
On the request of the toune of Salisbury, Ralfe Blesdall is appointed by this Courte to kccpe the ordinary there, «& hath libe'ty graunted him to drawe ■\vine. By both.
The widdowe Hawkings is denyed to have any libe''ty to come into this Widow Haw- ju'isdiccon, being knoune to be a daiuge''ous pson. By both. to return.' "
The tounc of Gloccster is f\ ncd five pounds, for that they have not made Gloucester rctou'ne o^ their choyce of a deputy to se''ve at this Gennc''all Cou'te. By ted. both.
In ans'^ to the petieon of seilall inhabitan'^ of ila''blehead, for redresse of --Marblehead in- many gteat abuses coinitted on their inheritances by seuerall fishermen, itt is courts opinion heereby declared, & o^'de'ed, that howsoeuer it hath binn an allowed custome °°' for fo"'eigne fishe''men to make vse of such ha''bo'"s & grounds in this country as have not binn inhabited by English, & to take timber & wood at their pleasure for all their occacons, yett, in these ptes, yv'^^ are now possessed, & the lands disposed in pp''iety to seuerall tounes & psons, & that by his maj" graunte vnde"^ the greate seale of England, itt is not now lawfull for any pson, either fishermen or others, either fo'^''eine''s o' of this country, to enter vpon any lands so appiated to any toune or pson, or to take any wood or timber in any such places w^'oiit the licence of such toune o'' pp'"iety ; & if any pson shall trespasse herein, the toune o"^ pp'iety so iniu''ie*d may take their remedy by accon, or may psecute their goods or other interest, opposing by lawfull fo''ce ag"' such vnjust violence ; provided, that it shallbe lawfull for such fishe'"men as shallbe imployed by any inhabitants of this ju'isdiccon, in the seuerall seasons of the yeere, to make vsc of anj^ of o' ha''bo''s, & such lands as are neere adjoyning, for the drying of their fish, & othe'' occacons, as also to take such timber or fierwood as they shall have necessary vse of for their fish- ing seasons, where it maybe spared, so as they make dew satisfaccon for the same to such toune or p^'prietyes. By both.
On the hearing of y' excuse y" toune of Gloceste'' made, for their not re- tou'ning the choyce of their deputy to this Cou'te, it being found sufficyent, their fine of five pounds for their neglect was remitted. By both.
^P "W" "Waldron engaged himself, for his owne chardge, for this Cou'te, & also when the accompt is pfected, of what is dew to the country for the dcpu*' of Done''' dictt for seuerall Cou''ts past, that it shallbe suddainly
G4 THE RECORDS OF THE COLONY OF
1 (!4G. er.gadgcd for, & discliardged iu ma''chantable pipestaves, cithe"" in y' river or
> ~' at Boston, at y'' cuiTant p'ice iu either place, at or befo'" y" last of July next,
so as y" Cou'^te issew out a warrant for y" gathering vp thereof amongst
them.
[*66.] *The order fo'bidding the entertayning of any Indian into se''vice, w"*-
Einpioyment out allowance of the Cou''te, is hereby repealed, there being more vse of eu-
of Indians al- lowed, cou'^adgemen'' thiis then otherwise. By both howses.
Exeter inhabit- In ans'' to y^ peticon of seuerall inhabitan'^ of Exctur, itt is hereby ordered
an s pc 1 luu. ^ graunted, y' Anthony Stauion, Samuel Grceufeild, & James Walle are
hereby autho''ized w*"* full power to end smale cawses, vuder twenty shillings,
aco''ding to lawe ; & y* M"^ Samuell Dudley, Edward Rawson, & M"' Edward
Caiieton are appointed a coiiiittee to lay out the bounds of Exeter, next to
Hampton, & so round about them ; provided, there be no intrenching on y*
bounds of y^ patten' of y*^ lo''ds & gen' menconed in y'= patten' of Swampscoate,
or on any graun" fo''me'ly made to Doner. By both.
Rich'i HoUins- In ans' to y* peticon of Rich Hollingswo''th, for a remitting of y" -i* fyne
1 pe 1 ion. jij^pQgg^ Qjj hiva. by the Q'"te'' Courte, at Salem, for some miscarriadge of his,
the Cou'te thinkes it not meetc to graiinte his request. By both.
M' Gardner, In ans' to y" petiCou of M'^ Gardine'', itt is graunted he should be fully
pe 1 on o . satisfyed for his paynes in psecuting the Cou''te o'"der, about salte pcetcr, by
the inhabitants of Ipswich. By both. E. Rawson to Edward Rawson, M' Woodman, & Hcn^y Shorte are appointed, & hereby
tersiaNewbu- autho''ized, to end smule cawses, at XewbeV, for the yecre enscwing, aco''ding ■T- to lawe. By both.
w» Mellows Alt y'= reques' of y" deputyes of Charles Towne, M' "W™ ]Mellowes is ap-
pointed to be clarlve of the writts there, in the roomc of il' Abraham Palmer. By both.
Petition lu aus' to a peticon, subscribed by seventy seven inhabitan'' of this col-
bapUs"tl-Tn- loiiy; liumbly requesting all dew strengthening & keeping in fo''ce such lawcs
tmomians. jjj. \y^yQ iji^j ^^ade by this Cou''tc, for the JJventing y' enc''ease of many daiu-
ge''ous ero''s, Annabaptis'", Antinomians, &G, as also for the dew punishmen'
thereof, the Cou''te gratefully accep" of their acknowledgcmcn', graunting
their request iu y" continuance of those wholesome lawes. Bv both.
19" in: 9" remit- In aus"^ to a mocon, made by JIajo'' Sediuke & INl'' David Yal?, on y*" be-
Stou"hton. ^'^^^^ of M''* Stoughton, itt is ordered & graunted that il'* Stoughton shall be
M" sioushton remitted y^ soiiie of nynetecne pounds & sixctcene shillings & nync pence,
remitted a bal- , - */**,> •,,-,. ^
ancn due from "^^ "^^^ ''^""^ °° J ^^°^ paymen' of y' ptc of y" countryes stocke, w''" hir late husband dc- worthy husband left vnpaid at his decease, none reaping any benefitt of this graunt but M"'" Stoughton only. By both.
clerk of the
town.
THE MASSACHUSETTS BAY IX NEW ENGLAND. 65
Vpoii the moGon of Lcf Tory to be clischardged froin exercising y"" 1(>4G. millitary company at Hinghani, his request is graunted, & y^ care of y"' com- " ^' ' pany left to INIajor Edward Gibbons, till new clcccon be made & approoved of Tppr , .' ' j-
by this Cou''tC. By both. chardge fro
Agreed vpon & voted by the Ilowse of Depii'', y' whosoeuer is cast in pany. Lieut, the case of IM' Dummcr conipl' & v'-' to\\ne of Newberv, del'', shall beare the °"''^' ^^' chardge of the Courte. Voted. Chardge of j-
*The auditor genne'll hath hereby power graunted him, & is forthw"' i,j. j.. jeiin- required to goe into all the howses or cellars he knows or suspects any wyne i"'^'"'*- to be that is not entered into his booke acording to order, & the same to seaze, <- ■■'
Audi" gen"
distreyiie, & take possession of for the vse of the country ; & such wynes to power. marke & dispose of to y" countryes vse, so as raavbe forthcoming ; & all Contradiccns
to y« order :
constables & other officers are hereby required to asist & aide him in y"' dis- jiaj" Ed: Gib- chardge of his duty, acording to order, taking satisfaccon for what is entered vvmowb*"'''^ as y lawc requireth, & giving v" ownors of such wvnes as arc confiscate, & ^^'^^' R"ssell,
•^ ^ . '^ "^ • • ' W" Parks.
not entered, notice hereof, that they may appeare before this C'oirte, to shew cawse why their wynes should not be confiscate. By both.
On y" niocbn of il"' Leader, for y° buying of some of the countryes de- Damaged guns fectivc gunnes, itt is ordered & graunted, y' he shall have them on such prize, & paying so for them, as y"' s'"veyo'' genn''ll & Cap' Davenporte shall sett the prize on them. By both.
Cap' Keayne being fined for his absence at y"" time appointed, after sen- Capt. Keayne tence pfessing he would pay five pounds assoone as G^, for w'''' affront he was fined twenty shilhngs. Voted.
In ans' to a peticon of Joseph Jenkins for liberty to make experience J. Jenkins pat- of his abillltyes & inventions for y'' making of engines fur mills, to goe w"^ ^ng Rather water, for y= more speedy dispatch of worke then formerly, & mills for y" mak- ^^°'" • ^^^ ^^ ing of sithes & other edged tooles, w"* a new invented sawemill, that things may be afforded cheaper then formerly, & that for fowerteene yeer'^^ w">out dis- turbance by any others setting vp the like inventions, that so his study & costs may not be in vayne or lost, this peticon was graunted, so as power is still left to re5.trayne y" exportacon of such manufactures, & to moderate y" prizes thereof if occacon so require. By butli.
Itt is ordered, y' y" Indian who relelvcd our men & pilated them home Indian remu- after La Tour had putt them on shore, shall have a long coat & 2 pounds of tobacco, by the Treasurer to l)e pvided, & satisfaccon made for his transporta- cbn home againe. By both.
Ordered, y' Cutshamakin hath liberty to buy throe pounds of swann Cutshamakin shott, leaving hU warrant behind him w'-' y" pry lie buyes it of By both. ^uv shut.
6 May.
Hawthorne &
5 THE RECORDS OF THE COLONY OF
1 G46. On y^ pseiitmcut of Cap' Traskc & Cap' ILnvthoni, by the depii'^ of Sa-
lem, for y" Com-te to acccjit & confirmc one of tlicm for cap', & also S''g°' La- throp & Peeter Wolfe, for one of them to be accepted of as lef , the Cou'^te Lathrop to be accepts & confirmes Cap' Ha-\vthorno in y" place of cap' there, & S''g°' Lathrop
capt. and lieut. „
as his lef. By both. Sudbury to be Itt is Ordered, y' y" toune of Sudbury from henccfor*'-' shall be freed from
saUpet'rc' '"° J'' t^l^i'io fi-irtlier care about salt peeter howses, any order notwithstanding, in ans'^ to their peticbn. By both.
Cap' rdham, W" Ward, & Edm5d Rise arc appointed & authorised
lie'"by to end snialc cawscs in y'' toune of Sudbury, acording to law. By
both.
[*68.] *John Bridge, Lef Mason, & Edmond Goodenow, bringing into this
Tho- White & Cou'te their determinacon of the difference betweene Tho : White & y' wyd-
ividow Swift, _ _ _ _ _ ■ ■
Courts opinion dowe Swift, they finding y' Tho: White hath runne out in just chardges on j" wyddowe Swifts land ye soiiie of 9' 19^ 8 J, besides the breaking & improoving of land, for y' w'^^ they judge & determine the ^sent crop that is now in y<= ground willbe full satisfaccon, & find ffiffteene pounds pincijiall debt ; all y° chardges, &6, coming to 24 : 19 : 8, y"' w'^'' the agent of y" wyddowe Swift refuseth to pay ; itt is ordered, therefore, y' the land henceforth shall remayne y" Inherit- ance of y" said Tho: White & his heires foreur from y^ date hereof. By both. John Bourne John Bou''nc, of Salem, is, on his & seuerall other inhabitants requests,
0 cop coo V „j.jjmj)-(;^| license to sett vp a cookes shop in Salem, selling no boere above a
shop m Salem. ^ ^ r j o
penny a quarto. By both. John Mouiton, lu ans'' to \° jDeticou of Edward Colcord & John INIoulton for releife ag"'
pe I ion 0 . ^ J, ^,j^.j,q^yj^^| stinting of y^ coiiions at Hampton, itts referred to M"^ Samuell
Dudley, Edward Rawson, JNI'" W" Payne, & ]\I'' Carlton, & they have power
hereby to cxamiuc wittnesses on oath, & search into all the distraccons there ;
making reporte of w' they shall doe or find in the pmises to y"^ next sitting
of this Courte. By both. M. Powell to Att the request of the toune of Dedham, Michael Po\\ ell is graunted
n^ry. " ' licence to keepe an ordinary, & sell wyne there. By both. R. Turner to Itt is Ordered, y' Eob' Tu''ne'' shall have fiffty pounds jDaid him out of y°
p^Mgae y' is to come from y^ Narrowgansetts vpon his accomp'. By both. II. Pritchard ^L' Hugh Pricliard, on his request, is graunted a dismission from attend-
(•ciised from ■ -n ^ t . ■ • i ,• „ .• it
trainin". '"S Roxbury Company vpon ordinary training dayes lor y'' space ol one whole
yecre. By both. It. Saltonstall M' llob' SaltoHstall is graunted his peticTon, & hath two thousand one
acres of Hnd hundred & twenty ac'"s of land alloucd'liim, about Couccticiile Falls, provided
he acccp'^ it, as a ptc of that ppo'coii dew to S'' Richard Saltonstall, in
THE MAS3ACIIU.?KTT.S JiAY IN NEW ENGLAND. G7
this jurisdiceon, & formerly grauntecl liim, but no jilacc yett assigned. By 1 (j 4 G.
both. ■ ^ '
In ans'' to y'^ pcticon of Rob' Whitman, to be freed from watching, bv ^ *^"^'
R.Whitman,
reason of Avcaknes of body, itt was determined y* this case, & such like, petuion of. sliouhl be referred to y" inferior Cou'ts, to w'^^ they pp''ly belong. By both.
In ans'' to y" peticon of Elizabeth Fairefeild, for y" dischardging hir hus- e. Fairfield, band from y' ptc of v<^ censui-e inflicted on him for his notorious evills, of J"^!!."?I '"?'''"
■''■•' > half of her hus-
wearing y"-' rope about his nccke, y" Depu'^ could not consent y' any pte of his ^''"'J- censure should be remitted him. Voted.
*In ans"^ to a petiiTon, subscribed by Ma^yn Saunders, Pcctcr Brackctt, [*69.] Hen : Addams, & a II more, of Braintree, for y" pswading or forcing of Thorn-
habitants peti- as Gilbert either to forbeai-e feeding y* iland of vpland, v/'^^ certaine mod- tion.
owes of theirs envii-ones, or elce to lett it on reasonable ternies to y'' peti-
con''s, itt was dete''mincd, that an o''de'' of Courte, made at a Genne'all Cou'te,
in y" yeere I6-13, ^ ^
In ans"^ to y" peticon of James Ilcidcn, w"^ his p*nc'' fe"ymen, of Cha'''^' .^ Towne, & for )'' satisl'accon of all other ferrymen, y' there maybe no mistake ffcrrymerpeti- who are freed, or should be passage free, & how long, itt is hereby declared, ''°"" y' o"^ honno''ed magis'", & such as arc, or from time to time shallbe, chosen to to serve as deputyes at y" Genue''all Cou^'tc, v^^ both their necessary attend- an'', shallbe passage free oucr all fcrrycs ; & by necessary attendants, wee meane a man & a horse, at all times during the time of their being mag'^'^ or depu*' ; but neur intended all the familycs of either at any time, & y' y« ©■■de'' neither expresseth nor intendeth any such thing. By both.
In ans"" to y" peticon of W"' Ivo''y, itt is ordered, in regard y'' peticon'' alleadgeth liis long absence from home, & publicke se''vice pformed where he then aboad, that y^ millitary offic''* of y'' east regiment shall convent liim to their next meeting, & shall then heare & examine his allegations, & acco''dingly to pceede aco''ding to lawe, & the execution to stay in y'^ meanetlme. By !)oth.
Att y"- Courte, at Salem, held y" IS"" of y° 12 iii, 1645, W-" Witter, of \v« Witter pre- Lynnc, was J>>bcnted by y" grand juiy, for saying, y* they who stayed whiles j™'y ^ a child is baptized doc wofpp y" divcll. Heii Collenc & Math West dealing w"' him thcreabou'% he further sayd, y* they who stayed at y" bap- tizing of a child did take y" name of y" Father, Sonne, & Holy Gost in vayne, broake y" Saboath, & confessed & justifyed y" former speech. The sentence of y^ Courte was, an iniunction y"^ next Lords day, being faier, y' he make publicke confession to satisfaccon in y* open congregation, at Lynne, or elce to ans"" it at y" next GennCall Courte ; & conce''ning his opinion, y° Court exfst their patience toWds him, only 'admonishing him till they see
68
THE RECORDS OF THE t'OLUNY OF
D. King, peti tion of.
Tobacco not to be used abroad, to prevent fires in the woods.
[*70.]
A. Beck al- lowed pay for tending sick prisoners.
Committee i specting pov
Dover confer- ence of Depu- ties on holding Courts.
if he continew obstinate. Y'' sidd Witter not appea''ing here aco'ding to o'"de'', itt is ordered, y' y° niaj""' gen" take o^'der for his appearance at y" next Cou'te of Asistan'% at Boston, there to ans"', & to be pceeded w"" aco''ding to y* meritt of his offence.
In ans"^ to y peticon of Daniell King, itt is ordered, y' y'= peticone'' shall appeare befo''e y" millitary offic''s of y east regiment, at their next meeting, who shall examine his allegations, conce''ning his not appearance at dayes of traynig, to ^forme such se'"vice as might have binn imposed on him, & to pceed w*'' him aco'ding to lawe; but for time to come, this Cou'te do*'' dischardge him, in regard of his bodily infirmity, from attendance vpon ordina''y traynings, for any se''vice in armes. By both.
Fo''asmuch as great harmes hath binn doune by fires, v,''^ have binn kindled in y'^ feilds abroad at vnseasonable times, &: have binn occaconed by taking of tobacco, &- much time thereby vnpffitably expended, itt is the'efo'e ordered, y' no pson, after y'' end of y'' 4'-' ifi next, shall take any tobacco in any coiTion ground, or feild inclosed, or yards, or othe'' open place out of doors, on painc of Uvo shillings for eQy such offence, besids recompence of all dammages, aco''ding to fo''me'' order ; provided, neflthelesse, y* it shall be lawfull for any man y' is on his jou''ney, remote from any howse five miles, to take tobacco, so y' the''by he setts not y" -woods on fyer, to y"' damage of any man. By both.
*W'" Ile""scy, of Ilingham, ■\\-as dcnyed his lequest of having his fyne remitted him. By both.
Itt is ordered, y* Alexander Beckc, having fo''me''ly binn at great chardge ■w''' some infirme psons in y'^ p''ison, & since y" keep'"s death hath kept Burcham & Redman, being both sicke, & so continewing, that y'^ audito' gennc" examine his accomp*, & o'de' his psent satisfiiccon, & he dischardged of y' said prisonc's, being he is not able fu''thor to maintayne them. By both.
In ans'' to y' pcticdn of y" toune of Dedliam, itt is graunted & ordered, y* Cap' Athcrton lay out y" bounds, & settle y" 150 ac's y*" honno''cd Depu' GoQn"^ gave out of his farme to y"" tomre of Dedham. By both.
grgnt Maj"' Genn'll Endecott & M'' Willowby are appointed a close coinittee, to whom y*" su^-eyo"' gen" shall discouer w' y" store of y" coun'ryes powde"' is, & in what condiixni it is in, y' they may make reporte to y® Cou'te what they conccave is to be donne for y' renewing thereof, & how. By both.
On conference w"' y'^ deputy of Dover, & his mocon on y'' behalfe of y inhabitan'^ of Piscatac^, the Cou'tc conceaves y' by y'' agreement w"* y°
THE MASSACHUSETTS BAY IN NEW ENGLAND. 69
inhabitan'^ of Piscatacj., no Courte is to be kept there otherwise then at S;dem & Ipswich, w<^'' cannot be w"'out one m;igis'' ; 2'-'', that y" impost vpon wynes, being a publicke chardge, is not to be required of them, but it is to goe to y" defraying of their owne chardges of Cou'ts, &0. By both.
Whereas Cap' Kcayne was, by y^ Howse of Dcpu*^, fined twenty shillings, vpon his acknowledgm' of his miscarriage therein, itt is remitted him.
Whereas this Courte hath passed an o''der for y° free passage of o'" hon- Chariestown no'ed magis'* w"' y" depu*' of the Genn" Courte, & the necessary attendance io"p™£5 ", of both as in y' order appeareth, and \^ y" fe^ymen of Charles Tonne may not """■ ^°^ fen-age
•' If > . J J ^ •'of DepuU aud
loose by the transportacon of them abovesaid, w"^ grand jury, petty jurymen, others of the prison", keep""', &d, y" Depu'' have by a cofiiittee agreed w"^ y" said fferrymen for y' time past to be allowed fower pound p anii since y' order, & sixe pounds p ann for y" time to come, y'^ payment to be made & allowed annually by y' TreasuV. By both.
Itt is ordered, on y" request of y'^ tonne of Doner, that 'SI'' George Smith Dover, G. shall be one of the three men authorized by this Cou''te for y" ending of smale ^™fj ^"t^^g matters, and y' Done"" hath y' same power of reco'diug sales of land as Ips- wich hath, & y' W" Waldron be recorde"" there till y^ Courte take fu'the"^ order herein. By both.
The order made y" 7"^ of y^ 8 ni, noumbred in y<= margent of y« Cou^e Bargains made books 455, is hereby repealed, & from hencefor*'' all bargaines made for b"f™imied'° mony shallbe pformed & paid in mony, the aforesaid order notw*''standing. By both.
Cap' Wyggin, M'' Smith, & M' Ambrose Gibbons are appointed comis- sio^s to asist y« magis'^ at y* Cou'te at Piscataq,. By both.
"Forasmuch as delayes in executing justice is dainge'"ous to any state, & [*71.1 ^vhereas many offendo's are punished only by fynes or pecuniary mults & pen- Law for speedy
punishing
altyes, w'"'' if there be delay or neglect in offic''^ y' such fines or penaltyes are crimes, not dewly levyed, then sinne is vnpunished, & y^ name of God may thereby suffer, itt is therefore oordered, by y'^ authoi'ity of y" Genne"^!! Cou'te, y' any or eQy offendo"' y' shallbe fyned for y" breach of any penall lawes, such pson or psons so offending shall fo'thw"' pay his or their fyne or penalty, or put in se- curity speedily to doe it, or els to be imp''isoned or kept to worke till it be paid, y' no losse may come to y" coinonwealth ; provided also, y' if y^ magis'' shall thinke meete to respitt any fine or penalty for a season, yett when its dew, & what othe"^ fines or debts be already dew to y'' country, y^ ma'shall shall for the time being shall take his oath to be faithfull in y^ doing y^ deuty of his place in levying & recoiiring of y' same, or els to be himself liable to such a fyne as any Courte of justice shall impose on him for his neglect. By both.
70
THE RECORDS OF THE COLONY OF
1646.
Salem, order
respecting
powder.
H. Gunnison allowed for Deputies diet.
B. Dummcr, petition of.
[*72.]
Observations on the subject of baptism.
Ill ans'' to y'' pcticou