Records of the Court of assistants of the colony of the Massachusetts bay, 1630-1692, Part 1

Author: Massachusetts (Colony) Court of Assistants; Cronin, John Francis, 1872-; Noble, John, 1829-
Publication date: 1901-28
Publisher: Boston, Pub. by the county of Suffolk
Number of Pages: 318


USA > Massachusetts > Records of the Court of assistants of the colony of the Massachusetts bay, 1630-1692 > Part 1


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org.


Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24


UNIVERSITY OF TORONTO


3 1761 00884361 7


Samuel Mi Chica Sept 24, 1906,


L


Digitized by the Internet Archive in 2008 with funding from Microsoft Corporation


http://www.archive.org/details/recordsofcourtof02massuoft


HUS.C M41335


RECORDS


OF THE


COURT OF ASSISTANTS


OF THE


COLONY


OF THE


MASSACHUSETTS BAY


1630-1692


PRINTED UNDER THE SUPERVISION OF JOHN NOBLE CLERK OF THE SUPREME JUDICIAL COURT


VOL. II.


454321 28.11.46


BOSTON PUBLISHED BY THE COUNTY OF SUFFOLK 1904


Rochbell and Churchill Press BOSTON


PREFACE.


V TOLUME I. of the Records of the Court of Assistants, cover- ing the period from 1673 to 1692, was issued in 1901.


Volume II., now issued, takes in the period from the settle- ment of the Colony to 5 March, 1643-4.


This volume, though containing the records of a period earlier than that in the former volume, has been numbered Volume II. for the reasons given in the preface to the first volume.


-Part I. is taken from the first volume of the Records of the Colony of the Massachusetts Bay in the State Archives, and has been printed, like the earlier volume, with an exact adherence to the originals, and is a reproduction of them in every particular, so far as the difference between print and manuscript will allow.


It has also been compared with a contemporaneous copy of the same (made by Thomas Lechford to 28 January, 1641), re- ferred to below.


Part II. comprises a copy of a portion of the records of the Court of Assistants, extending from 28 October, 1641, to 5 March, 1643-4, recently discovered in the so-called Barlow Manuscript Copy, or duplicate, of the records of the Colony of the Massachu- setts Bay, which was bought for the Boston Public Library in 1890. This was published by order of the City Council of Boston, by William H. Whitmore, Record Commissioner, in his Biblio- graphical Sketch of the Laws of the Massachusetts Colony.


In the record of the Court for 5 March, 1643-4, there are at the end three subsequent entries, the latest being 30 May, 1644.


The same exact adherence to the original has been kept as in Part I.


iv


PREFACE.


. As stated in the preface to Volume I., these earliest records, thus preserved, are not, as has been often assumed, the complete record of the proceedings of the Court through those periods, as they contain substantially only criminal matters or matters of pub- lic concern. Civil suits do not appear therein, although it is evi- dent that such suits were tried before this Court from the very first. This appears among other proofs from the entry under date of 4 March, 1633-4, on page 40 of this Volume II., mentioning a judgment against Joseph Twitchell. It also appears, from the numerous references to such causes, as early as 1639, in Lechford's Journal. See also the Order of the General Court, in 1634, as to the entry of Actions. (Mass. Col. Rec., Vol. I., p. 129.)


See, also, an Order of the General Court, carrying out a sug- gestion of Lechford in 1639, which was made at the September Session of the same year :


" Whereas many judgments have been given in or Courts, whereof no records are kept of the evidence and reasons where- upon the verdict and judgment did passe, the records whereof being duely entered and kept would bee of good use for president to posterity, and a releife to such as shall have just cause to have their causes reheard and reveiwed, it is therefore by this Court ordered and decreed that henceforward every judgment, wth all the evidence, bee recorded in a booke, to bee kept to posterity."


(Massachusetts Colony Records, i, 275.)


When Volume I. was issued it was proposed that the present volume should contain three parts, and expected that it would complete the records of this Court, so far as they were extant or could in any way be reproduced at the present day. It has been found, however, that Part III., described in the former preface, must contain such an amount of matter as would make, if included herein, an unwieldly volume, and delay the issue of this.


Part III., as heretofore designated, will accordingly be issued separately as Volume III., and at as early a date as possible.


V


PREFACE.


It attempts, so far as material anywhere accessible allows, to fill the gap in the records between March 4, 1643, and March 4, 1673, a period where no continuous or consecutive record is to be found, and to reproduce, as far as may be possible, the doings of the Court of Assistants in these years.


It will consist of restored fragments of records taken from certified copies of judgments, verdicts, executions, etc., found among the Court Files of Suffolk, and among the files in the offices of the several counties ; in the State Archives ; among ancient manuscripts in the possession of the Massachusetts His- torical Society, and in various other places, giving authoritative information as to the action of the Court of Assistants during that period. In some cases additional information obtained from contemporaneous sources, not easily accessible, will be added in notes to explain or amplify the record. These fragments of records relate largely to civil causes. Their value as historical material will be evident, and also in carrying out the purpose expressed in the preface to Volume I., of gathering matter for the study of the origin, development, and methods of procedure of this Colonial Court of ultimate resort and supreme jurisdiction, and as contributing to a study of the history of the Commonwealth and of its jurisprudence.


SUPREME JUDICIAL COURT, OFFICE OF THE CLERK, JANUARY 1, 1904.


JOHN NOBLE.


COURT OF ASSISTANTS.


RECORDS, SO FAR AS RECOVERED OR REPRODUCED, FROM 1630 TO 1644.


[IN TWO PARTS.]


EXPLANATION OF MARKS AND CHARACTERS.


MARKS.


A mark over a letter indicates an omission of one or more letters. A caret A indicates one or more words omitted in the original. Brackets [ ] indicate words or letters in the original which are illegible or doubtful or apparently erroneous.


Parallels | Il enclose words interlined in the original.


CHARACTERS.


ff signifies ff or F.


66 ner, nor, or no.


66 par or per.


66 por or pro.


Per.


ver.


er


66 &c. (etc.)


PART I. COURT OF ASSISTANTS.


RECORD 1630-1641.


FROM THE FIRST VOLUME OF THE COLONY RECORDS IN THE MASSACHUSETTS STATE ARCHIVES.


PART I. 1630-1641.


COURT OF ASSISTANTS RECORDS.


[Taken from the first volume of the Records of the Colony of the Massachusetts Bay, in the State Archives, and compared with a copy thereof in the Boston Public Library (made by Thomas Lechford to January 28, 1641) which will, for convenience here, be referred to as the L. copy. Differences, other than unimpor- tant literal ones, will be indicated by foot-notes. The original record is in the handwriting of Secretary Simon Bradstreet till May, 1636, and thereafter in the handwriting of Secretary Increase Nowell.]


[55] The first Court of Assistants holden att Charlton August 23th Año Dĩ 1630.


Present


Mr. Jo: Winthrop Goûn'


Mr. Increase Nowell


M. Tho: Dudley Deput Goûn"


M. Tho: Sharpe


Sr. Rich: Saltonstall kt


Mr. Will: Pinchion


Mr. Robte :* Ludlowe


Mr. Sim :¡ Bradstreete


M. Edward Rossiter


1.


Impr, it was ppounded howe the ministers should be mayntayned, 'M'. Wilson & M. Phillips onely ppounded.


It was ordered that houses should be built for them with convenient speede, att the publique charge. Sr. Rich: Saltonstall vndertooke to


* Roger is written in the margin in a modern hand. t " Simon " in L. copy.


# The marginal numbers and titles seem to have been entered in connection with some index or codification of laws and orders. Many of them are in the handwriting of Edward Rawson, the Scc- retary from 1650 to 1686. The marginal entries in the Library copy are different.


2


RECORDS OF THE COURT OF ASSISTANTS


see it done att his plantacon for M'. Phillips and M'. Goûn' att the other plantacon for Mr. Wilson./


2.


It was ppounded what should be their prsent mainetenance.


Ordered that Mr. Phillips should haue allowed him 3 hogsheads of meale, 1 hogshd of malte, 4 bushells of Indean corne, 1 bushell of oate- meale, halfe an hundred of salte fishe, for apparell and other pvisions xx1, or els to haue xl1 giuen him in money p anñ to make his owne puisions if hee chuse it the rather, the yeare to begin the first of Sep- tember nexte.


It. that Mr. Wilson should haue after xx1 p anñ till his wife come ouer, his yeare to begin the 10th of July nexte last all this to be att the comon charge those of Mattapan || & Salem | onely exempted./


3. It was ppounded what should be M'. Gagers main- tenance.


Ordered that hee should haue a house builded him against the nexte springe, is to haue a cowe giuen him & xx1 in money for this yeare to begin the 20th of June | (1630) | & after xxx1 p anñ. all this to be att the comon charge.


4. It was ordered that James Pen should haue 20 nobles p anñ & a dayes worke of a man att springe from e@y able famyly to helpe build his howse, his yeare to begin the 1th of September nexte. his imployemt to be as a Beadle to attend vpon the Goûn', and alwaies to be ready to execute his comands in publique businesses.


5. courts.


It was ordered that there should be a Court of Assistants helde att the Gown" howse on the 7th day of Septemb' nexte being tuesday to begin att 8


of the clocke.


referred till the nexte Court./


It was ppounded whither there should not be a Court helde ey first tuesday in ety moneth, & a Genall Court the last wednesday in e@y tearme./


It was ordered that, in all ciuill accons the first 6. pcesse or sumons by the Beadle or his deputy shalbe proces. directed by the Goûn' or Deputy Goûn' or some other of the Assistants being a Justice of the peace, the next pcesse to be a capias or distringas att the discrecon of the Court./


3


OF THE MASSACHUSETTS BAY.


[56]


7. It was ordered that Morton of Mount Woolison should presently be sent for by pcesse.


8. It was ordered that carpenters joyners bricke- rates. layers sawers* and thatchers shall not take aboue 28 a day, nor any man shall giue more vnder paine of x8 to taker & giuer/. and that sawers shall not take aboue 48 - 6ª ye hundred for boards, att 6 scoore to the hundred, if they haue their wood felled & squared for them, & not aboue 58 -6ª if they fell & square their wood themselues./


9. It was ordered that the Gouern' & Deputy Goun" for the tyme being shall alwaies be Justices of ye peace. instices. and that Sr. Rich: Saltonstall Mr. Johnson Mr. Endicott & M. Ludlowe shalbe Justices of the peace for the p'sent tyme, in all things to haue like power that Justices of peace hatht in England for reformacon of abuses and punishing of offendrs. and that any Justice of the peace may imprison ant offend", but not inflict any corporall pun- ishmt wthout the prsence & consent of some one of the Assistants.


[10] 6. [2] It was ordered that noe pson shall vse or take away any boate or Cannoe without leaue from the boates. [owner thereof in paine of ffyne & imprisonmt, att the discrecon of the Court./


Memorand. to estimate the nexte Court day the charges yt Mr. Goûn' hath beene att in entertaineing sewall publique psons since his landing in Newe England./


[57] A Court of Assistants holden att Charlton the 7th of September 1630.


Present


The Gouern"


Mr. Nowell


Deputy Go@nor


Mr. Coddington


Sr. Rich: Saltonstall, kt


Mr. Ludlowe


Mr. Johnson


Mr. Rossiter


Mr. Endicott


Mr. Pinchon


Mr. Sharpe


Mr. Bradstreete


Capt. Endicott beinge formerly chosen an Assistant did nowe take the oath of an Assistant in the presence of the Court.


* " Sawyers " in L. copy. t " Have " in L. copy. # " Any " in L. copy.


4


RECORDS OF THE COURT OF ASSISTANTS


Courts.


It was ordered that ey third tuesday there should


be a Court of Assistants helde att the Go@no's howse (for the tyme being) to begin || att | S of the clocke in the morneing, e@y Assistant not being present att that tyme to be fyned att the discrecon of the Court.


James Peñ did now take the oath of Beadle.


Mr. Ludlowe Mr. Rossiter & Mr. Pinchon by the genall consent of the Court is* fyned a noble a peece for their absence from the Court after the tyme appoyncted.


It is ordered by this present Court, that Thomas Thomas Morton punished.t Morton of Mount Wolliston # shall presently be sett into the bilbowes, & after sent prisoner into England by the Shipp called the Gifte, nowe returneing thith[er ] that all his goods shalbe seazed vpon to defray the charge of his transportacon, payemt of his debts, & to giue satisfaccon to the Indians for a Cannoe hee vniustly tooke away from them & that his howse, after the goods are taken out, shalbe burnt downe to the ground in the sight of the Indians for their satisfaccon, for many wrongs hee hath done them from tyme to tyme./


It is ordered that Mr. Clearke shall pay vnto John Baker the some of xxxviija in recompence, for the damage hee receaued by a bar- gaine of cloath, wherein Mr. Clearke dealte fraudylently with the said John Baker as hath beene qued vpon oath.


[58] It is ordered that Mr. Patricke & M'. Vnderhill shall haue allowed them for halfe a yeares pvision, 2 hogsheads of meale, 4 bushells of malte, 101 of powder, & leade to make shott, also howseroome quided for them & 151 128 in money to make other prouisions. all this to be done att the publique charge their yeare to begin from the tyme they begin to keep howse.


Boston, Dorchester, & Water Toune.


It is ordered that Trimountaine shall be called Bos- ton, Mattapan Dorchester, & the Towne vpon Charles Ryver Waterton. /


3- (2) Plantations.


It is ordered that noe pson shall plant in any place within the lymitts of this Pattent, without leaue from the Goun' and Assistants, or the maior pte of them.


Also that a warrant shall presently be sent to Aggawam, to comand those that are planted there forthwith to come away.


* " Are " in L. copy. t In modern hand. # " Wollaston " in L. copy.


5


OF THE MASSACHUSETTS BAY.


A Court of Assistants holden att Charlton 28th of Septembr 1630.


Present


The Goin'


Mr. Nowell


Deputy Goûn"


Mr. Coddington


Capt. Endicott


Mr. Bradstreete


Mr. Ludlowe


Mr. Rossiter


Mr. Pinchon.


It is ordered that those of Dorchester whoe bought 1. certayne cattell of the merchts of Dorchester, shall pay vnto Nich: Stower 9 bushells of meale or of Indian corne or 91 of beau' for the keepeing of the said cattell according to an agreemt. made wth him.


It is ordered that noe pson whatsoeur. shall 4- 2. Indian. either directly or indirectly, imploy or cause to be imployed or to their power pmitt any Indian to vse any peece vpon any occacon or pretence whatsoeuer, vnder payne of x1 ffyne for the first offence & for the 2* offence to be ffyned & im- prisoned att the discrecon of the Court./


5- (3) Servants.


It is further ordered that noe serv. eith". man or maide shall either giue sell or trucke any com- odytie whatsoeur, without lycence from their maister dureing the tyme of their service vnder paine of ffyne & corporall punishmt. att the discrecon of the Court.


[59] John Woodbury is chosen Constable of Salem & Thom[as] Stoughton constable of Dorchester, to contynne in that office for a yeare & after till newe be chosen.


John Woodbury did nowe take the oath of a Constable.


It is ordered that all Rich: Cloughes stronge Strong waters seized on. water shall presently be seazed vpon, for his selling greate quantytie thereof to se@all mens servts which was the occacon of much disorder drunckenes & misdemean".


6. It is ordered that noe maister carpenter mason


Rates for joyner or brickelayer shall take abone 16ª a day for


Workm". their worke, if they haue meate and drinke, & the second sort not abone 12ª a day vnder payne of x8 both to giner & re- ceaner./


It is ordered that M. Patricke & M. Vnd hill shall have allowed * " Second " in L. copy.


6


RECORDS OF THE COURT OF ASSISTANTS


them 6' S" in money to buy them howseholde stuffe, & for helpe to washe brewe & bake [xx]*


Thomas Gray is inioyned vnder the penalty of Gray sent. x1 to attend on the Court in pson this day 3 weekes to answer to dyvers things obiected against him & to remoue himselfe out of the lymetts of this patt[ent] before the end of March nexte.


St. Rich: Saltonstall is ffyned 4 bushells of malte for his absence from the Court.


Corne. 6.


It is ordered that noe pson inhabitting within the lymitts of this Pattent shall either directly or indirectly giue sell trucke or send away any Indian corn to any Englishe without the lymitts of this Pattent or to any Indian whatsoeuer without licence from the Goun'. & Assistants.


It is ordered that John Goulworth shalbe Gouldsworth, whipped and afterwards sett in the stocks for fel- Pickrin, censr. lony comitted by him whereof hee is convicted by his owne confession also that Henry Lyn shalbe whipped for the like offence, & John Boggust & John Pickryn to sitt in the stocks 4 howers togeath'. att Salem for being access[ary ] therevnto.


It is ordered that there shalbe collected & lev- For Capt Patrick & ied by distresse out of the se@all plantacons for the Capt Undrhill 5011. maintenance of Mr. Patricke & M. Vnderhill the soine of 501, vz : out of Charlton 71 Boston 111 Dor- chest' 71 Rocsbury 5' Waterton '111 Meadford 31 Salem 31 Wessaguscus 21 Natascett 11.


Rates.


It is ordered that Labourers shall not take aboue 12d a day for their worke, & not aboue 6d & [meate &] drinke vnder paine of x8.


Septembr 28th 1630. [60]


A Jury impanneld to inquire concerning the Death of Austen Bratcher.


Rich: Browne Nich: Vpsall


Willm Aspynwall John Johnson


Abraham Palın'.


Edward Converse


Nich: Stower Ralfe Sprage


Peter Palfry Giles Sexton


Roger Williams Abraham Pratt


Willin Bunellt -


Francis Smyth


George Dyar -


* " XXI" in L. copy.


+ " Bunnell " in L. copy.


7


OF THE MASSACHUSETTS BAY.


Austen Bratcher dyeing lately att M' Cradocks plantacon was vewed before his buryall by dyvrs psons vz -


Tho: Graues


Thomas Reade


James Crugott


Rich: Lynton


Thomas Ward


John Jarvis


absent.


Thomas Paynt".


Arthur Ellis.


Willm Barsham


The Jureys Verdict


Wee finde that the strokes* giuen by Walter Palmer were occation- ally the meanes of the death of Austen Bratcher & soe to be man- slaught'./


Walter Palmer hath bound himselfe in 401. & Ralfe Sprage & John Sticklett hatht bound themselues in 201 a peece for Walter Palmers psonall appearance att the nexte Courte to be holden att Boston the 19th of Octobr nexte to answer for the death of Austen Bratcher./


[61]


September 18th. 1630. Vpon vew of the dead body of Willm Bateman


An Inquisicon taken att Charlton the 18th day of Septbr Año Dñi 1630 before John Winthrop, Esq'. & Goun'. & Isaack Johnson Esq". one of the Assistants & Justice of Peace


Vpon the oathes of


Walt' Norton Esq".


Richard Browne


Nich: Stowre


Robte Hardinge


Ralfe Sprage Richard Garrett


Will: Cheesebrough


V Thomas Willms


John Stickland Daniell


Rich: Norman


John Baker


Willi Bateman


whoe say, vpon their oathes that the aforesd Willm Bateman was sett on shore vpon the necke of land neere Pullen poynte in the bay of Mattachusetts by a shallop of one Mr. Wright (which brought him from Plimouthe) vpon wednesday last being very sicke & weake & beinge lefte there with one M' Ralfe Glouer & others, whoe hadd a shallop in that place, but being forced to leaue her there because the


* " Stroakes " in L. copy. + " Have " in L. copy.


8


RECORDS OF THE COURT OF ASSISTANTS


winde was contrarie, they returneing home lefte him such pvisions, as they hadd, & a & fire, but when they returned to their boate vpon Friday last they found the said Willm Bateman dead about the highwater marke neere their boate aboute a stones cast from the place where they lefte him - Soe the Jury prsents that hee dyed by gods visitačon.


Evidences, M'. Ralfe Sprage Glouer Elias Mawacke Giles Sex- ton & James Browne. er.


[On page 62 and 63 is a record of a General Court 19 Oct., 1630, and a list of those desiring to be made freemen. Page 64 is blank. ]


[65] A Court of Assistants holden att Boston Nouembr 9th. 1630.


Present


The Goûnr


Deputy Goûnr.


Sr. Rich Saltonstall


It is ordered that whereas the vsuall rate of beau" hath beene after 69. the pound, it shalbe hereafter lefte free for ety man to make the best offit & impuemt of it that hee can.


Mr. Ludlowe


Capt. Endicott Mr. Coddington


Mr. Pinchon


Mr. Bradstreete


Repealed.


It is ordered, that e@y Englishe man that killeth a wolfe in any p'te within the


Lymitts of this pattent shall haue allowed him 1ª. for ety beast & horse & ob .* for ety weaned swyne & goate in eny plantacon to be leuied by the Constables of the sª plantacons.


It is further ordered that whoesoeuer shall first giue in his name


3 to M'. Goin' that hee will vndertake to sett vpp a


fferry betwixte Boston and Charlton & shall begin the Ferry encouragd. same att such tyme as M'. Gown" shall appoynct, shall haue 1ª. for ety pson & 1ª. for ety 100 waight of goods hee shall soe transport.


Mr. Clearke is hibited cohabitacon & frequent keepeing company with Mrs. Freeman, vnder paine of such company punishmt as the Court shall thinke meete to inflict.


Mr. Clearke & M. Freeman hath bound themselues in xx1 apeece that M' Clearke shall make his psonall appearance att the nexte Court to be holden in March nexte, & in the meane tyme to carry himselfe in good behav' towards all people & espetially towards Mrs. Freeman, con- cerneing whome there is stronge suspicon of incontinency.


It is ordered, that Rich Diffy, serv' to Sr. Richard Saltonstall shalbe whipped for his misdemean' towards his maister.


* Obolus or half penny.


-


9


OF THE MASSACHUSETTS BAY.


A Jury impannel[ ] for the Tryall of Walter Palmer concerneing the Death of Austin Bratcher.


M' Edmond Lockwood Rich: Morris


Willin Rockewell


Willm Balston


Christopher Conant


Willm Cheesbrough


Willm Phelpes


John Page


Willm Gallard*


John Balshe


John Hoskins


Laurence Leach V


The jury findes Walter Palmer not guilty of manslaughter whereof hee stoode indicted & soe the Court acquitts him.


[66] A Court of Assistants holden att Boston Nouemb' 30th 1630.


Present


The Gown"


Mr. Nowell


The Deputy Gown'


M. Pinchon


Sr. Rich: Saltonstall


Mr. Coddington


Mr. Ludlowe


Mr. Bradstreete.


Sr Ri: Sa: find 5. Sr. Rich. Saltonstall is fyned v' for whipping 2 setall psons without the presence of another Assist- ant contrary to an act of Court formily made.


It is ordered that whoesoeuer imployeth Willm Knopp or his sonne in any worke shall pay the one halfe of their wages Ordr about Wm Knop. to Sr. Rich. Siltonstall, & whoeuer buyeth boards of them shall pay one halfe of the price to Sr. Richard, till the money hee hath disbursed for them be satisfyed.


John H Bartholmewe Hill is adiudged to be Barth Hill cenis. whipt for stealeing a loafe of breade from John Hoskins which himselfe confesseth.


It is ordered that there shalbe 60' collected out of the sewall plantacons followeing for the mainetenance of M.


Rate for ye Wilson & Mr. Phillips, vz: out of Boston 201. Water- ministers. ton 201. Charlton 101. Rockesbury 61. Meadford 31. Winnett-semett 11.


Jnº Bakers cens. It is ordered, that John Baker shalbe whipped for shooteing att fowle on the Sabboth day er.


* " Gaylard " in L. copy.


10


RECORDS OF THE COURT OF ASSISTANTS


It is further ordered that Thomas Moulton shall pay vnto M'. Ralfe Glouer xls before the Sth day of Decemb" nexte Tho Moulton sent. or els to be whipped for the wronge hee did M". Glouer in comeing from Plymoth being maister of his boate, & leaue- ing him without a pylott.


[67] A Court of Assistants holden att Boston 1th of March 1630-31 .*


Present


The Gouern"


Mr. Pinchon


Deputie Goîn".


Mr. Nowell


Sr. Rich: Saltonstall


Mr. Sharpe


Mr. Ludlowe


Mr. Coddington


Capt. Endicott


Mr. Bradstreete.


It is ordered that Mr. Aleworth Mr. Weau' Mr. Plastow M. Shut" Cobbettt & Wormewood shalbe sent into England by the shipp Lyon, or soe many of them as the ship can carry the Seurll persons sent rest to be sent thither by the 1th of May nexte if prisoners home. there be optunitie of shipping, if not by the nexte shipp that returnes for England as psons vnmeete to inhabit here, & that ST. Christopher Gardn'. & Mr. Wright shalbe sent as prisoners into England by the shipp Lyon nowe returneing thither./


Further, it is ordered, that the busines concerneing M'. George Ludlowe expressed in a certaine petition sent out of England to the Goûn'. er shalbe referred to t[he] Goun' & Deputy Ordr about Mr Ludlow. Goûnr. & the rest of the Assistants resident att Boston (or some 3 of them the Goin' [&] Deputie being 2 thereof) to receaue his answer, and determyne the busines.


Mr Tho: Staughton fined.


Mr. Tho: Stoughton, Constable of Dorchester is ffyned v1 for takeing vpon him to marry Clem Briggs & Joane Allen, & to be imprisoned till hee hath pd


his ffyne.


7


(4)


Indian not to be traded wth in mony.


It is ordered that if any pson within the Lym- itts of this Pattent, doe trade trucke or sell any money eith' siluer or golde, to any Indian, or any man that knoweth of any that shall soe doe & conceale the same shall forfe[it] twenty for one -


* See Winthrop I. 38, 39, for meetings in December, 1630.


+ " Mr. Cobbett " in L. copy.


11


OF THE MASSACHUSETTS BAY.


Indian not to be entrteynd as servts 8




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