USA > Massachusetts > Records of the Court of assistants of the colony of the Massachusetts bay, 1630-1692 > Part 10
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M' Henry Pitts for his uncomely speaches & obscean was sharply reprehended, & for distemper in drinking wine hee was fined fourty shillings to bee paid to the treasurer wthin ten dayes.
William Browne for his obscean, & filthy speaches was sharply reprehended, & admonished not to use such base speaches./
Samu: Sherman was enioyned, & pmised to appear at the next Court./
105
OF THE MASSACHUSETTS BAY.
Thomas Turner, Thom: Collier, & John Sutton bound themselues in 401 a peece to appear at the next court, to answer for the things taken up of John Hardies rack .*
Thomas Baguley, for seling his servant his time contrary to order of court was fined ten shillings./
Mighill Bacon sent upon the certificate of Rich'd Beres, Hugh Mason, Willi: Williams, & Thomas Hastings, that full satisfaction hath bene given was discharged, it being declared to bee a mistake of ignorance./
[Blank space. ]
John Barnes for some distemp in drinking wine, was required to give 10', weh hee consented vnto.
A quarter Court held at Boston the first of the 4th mº 1641 :
prsent,
the governor
the Deputy govr
Mr Winthrope
M!r Dudley
Mr Saltonstall
James Dane for makeing an indian drunk was fined 20ss.
Mr Humfrey
Mr Bradstreet
M' John Longe for his distemper in drinking & giving wine to others is fined 31.
Mr Winthrop iu
Mr Stoughton Increase Nowell.
A warrant was ordered to to
examine all that tooke up any thing of the rack,* & send a perfect inventory, & in any thing doubtfull they are to take the advise of M' Peck minister & M' Newmā
John Whitney was chosen Cunstable of Watertowne & tooke oath
There was granted to Goodm Nutt, Marten Vnderwood, John Whitney, Henry Kemball, & John Witheredge alowance for 8312 yrd of cloth valewed at 12d p yrd
Joane Abell being p'sented for being drunke it being found to bee a mistake shee was discharged./
M' Edward Tomlins retracting his opinions against singing in the churches was discharged
Thomas Patience for want of proofe was referred to M'. Endecot
Edward Adams was enioyned to returne to his wife./ & being questioned for other things was discharged for want of poffe.
the towne of Roxberry is enioyned to make a sufficient way be- tween the buriing place & the gate upon paine of 20ss forf:
* Wrack in L. copy.
Edward Johnson of Charlstowne being warned to serve upon the iury (& not appearing) was fined 68 8d :
106
RECORDS OF THE COURT OF ASSISTANTS
Roxberry is also enioyned to repair the other way over the swamp toward Dorchester mill upon paine of 20$ forfett.
Ipswich was enioyned to repair their wayes by the next q't' Court upon paine of forfeture of 10' for the way to Salem. for theyr way toward Rowley they have 6 months to repair it./
[299] Cambridg was certified to have repaired the way tow'd Conc'd.
Cambridg for the way between Watertowne & Roxberry is in- ioyned to repair it wthin 6 m° upon paine of 3. 6. Sª.
Waymoth defective way is certified to bee mended./
Salem is enioyned to amend the short swampe wthin a month & the other wayes wthin 6 months upon paine of 51.
Boston in inioyned to mend their wayes upon paine of 209.
Watertowne is discharged. & Lin is discharged./
Salsberry was enioyned to amend their way upon paine of 203.
Salsberry for want of weights & measures is fined 2. 6d.
Rowley was enioyned to mend their way vpon paine of 203 wthin a month./
Dorchester way to bee mended vpon paine to forfet 20s.
Hampton for want of weights & measures is fined 2. 64.
Concord to pay 10$ for neglecting watch & not appearance.
the wife of Rob't Lewes * for her dishonoring the name of god was censured to bee whiped./
Enoch Hunt for his opp'ssing practice & extorsion was enioyned to make restitution, pay the witnesses, & was fined 3.
Waymoth is remited the 3' fine about neglecting their hogs.
Roxberry is remited the 10' fine for neglecting their hogs.
Rob't Lewes & John Madox were discharged the prsentmt being mistaken, their answer being iudged reasonable.
Jonathan Thing for ravishing Mary Gree[n]feild was censured to bee severely whiped heare & at Ipswich [& fined 201 to bee
paid in three yeares to Sam: Greenfeild.] +
Cambridge was enioned to give Squa Sachim so much corne as to make up 35 bushels, & 4 coates for the last year, & this.
Christopher Grant appearing was discharged fro further appance John White appearing was discharged
John Skidmer is fined 10$ for seling strong water to Indians Abraham Morrell is fined 51 for seling his servant his time Samu: Sherman is fined 20' for sels his servant his time
* Lews in L. copy.
t This part within brackets not in L. copy.
107
OF THE MASSACHUSETTS BAY.
the wife of Rich'd Carter appearing shee was admonished, & enioyned to bring her husband to bee bound for her good behavior
Willi: Pilsberry & Dorothy Crosbey were bound to the good be- havior, & to appear at the next Court bound in ten pounds
& hee was enioyned to | worke wth | goo: Wiswell 2 dayes in the weeke & goo: Cheny one day in the weeke for five yeares :
M' Bu'slin was referd to the Court at Salem
Davy * Hickbourne for his grosse misdemeanor, & foule miscarriage was censured to bee severely whiped, to weare an iron coller till the cort please, & serve his m' 3 weekes longer for lost time, & trouble of his m".
M' John Longe bound himselfe in 201 to bee of good behavior, & to appear at the next quarter court./
John & Elnor Peirce were admonished to see better order bee kept
Willi: Knop for selling bear 2 years unlicensed was fined 5.
Alexandr Becke was granted S bushells of corne more then a bushell a weeke for his trouble wth Mary Joanes.
Henry Webbe & George ¡ Stoader cunsta: of Boston had granted them power to gather in the estate of Paul Yonge, & to pay the debts, & to give account :
John Barnes was enioyned to pay 10$, or appear at the co't to answer for a second distemp in drinking too much, wch hee not appear- ing is to pay.
[Pages 300 to 312 contain the record of the General Court for June, 1641.]
[313]
the 29th 5th m° @ 1641
prsent
the Govrnor
At a co't at Boston George Bowen being absent when hee was called to serve upon the iury, was fined 5s8.
the Deputy
Mr Winthrope
Mr Dudley Mr Humfrey Mr Stoughton Incr: Nowell.
James Laurence for goeing out of his mr. his house in the night unseasonablely agt his exp'sse order was censured to bee sharply whiped & also for keep- ing company wth a leaude woman./
William Pilsberry for defileing his m'. his house was censured to bee whiped./
Dorothy Pilsberry was censured to bee whiped for her uncleannes, & defileing her m'. his house./
* David in L. copy.
t George, changed to Anthony, in L. copy.
108
RECORDS OF THE COURT OF ASSISTANTS
Mary Osborne for her grosse miscarriage in giveing her husband quick silver, & other abuses was censured to bee severely whiped./
Mary ffelton the wife of Beniamin ffelton for her severall thefts fro M' Webbe, M' Parker, M' Stoader, & M' Eldreds man to the valewe of 8. 15. 11ª the things were restored, & her husband undertooke, & bound himselfe to restore the valewe of the goods taken away to each of them./
[Blank space. ]
[314] prsent,
the Governor
the Deputy go:
Thomas Carter senior Cunstable of Charlstowne is fined 6. 8ª for warning the iury men too late & for a rong day, weh was two dayes too late.
Mr Winthrope, se: Mr Dudley
Mr Humfrey
Mr Saltonstall
Mr Stoughton Mr Bradstreete Incr: Nowell
Edward Larkin being warned to serve upon the iury, & not appearing is fined 5$ : | This fine is re- mitted, the Cunstable mistaking, & warning for a wrong day. ||
The rates of wharfige & litrige are referd to the gen'all Court, to bee brought in by the towne of Boston :
Willi: Wells is enioyned in 10' to answere for opp'ssion
M' Nicholas Trerice for his miscarriage in Court, is fined fourtye shillings
Thomas Owen for his adulteros practises was censured to bee sent to the gallos wth a roape about his neck & to sit upon the lather an houre the roapes end throwen over the gallos & so to returne to prison
Sara Hales the wife of Willi: Hales was censured for her miscar- riage to bee carried to the gallos, wth a roape about her neck, & to sit an houre upon the lather the roaps end flung over the gallos, & after to bee banished.
Willi: Lampson hath liberty to fell 300 trees, on the other side of Chebacco, so it bee not in the limits of any towne
Anthony Stoader confessing his fault in his unfiting speach to the governor in affronting of him is fined 131/31 .*
Captaine John Vnderhill being indited upon pclamation 110 witnesses comeing in hee was acquited. t
John Kilmaster, John Knop, & John Knight for their distemper were admonished, & dismissed./
M' Samuell Maverick being found gilty of a confederacy wth Thom:
See Winthrop II. 38.
t See Winthrop II. 13, 41.
A Quarter Cort at Boston the 07th 7th mº 1641
109
OF THE MASSACHUSETTS BAY.
Owen to breake prison, consealing of it, & letting bee upon his iland was fined one hundred 1:
M' Chidley for confederating & consealing was fined 13131.
Mª Ducket for confederacy & consealing was fined 262/31.
M' Wollaston for consealing being privy was fined 13131.
M' Oateley for consealing was fined 131/31.
Thorne for consealing hideing & suppliing was fined 6331.
Willi: Cope for consealing was fined 62/31.
Mary Wilbee for consealing & consenting was fined 62/31.
Thomas Owen for escaping out breaking prison was fined 201 to bee paid wthin a weeke, or to bee severely whiped.
Sara Hales for escaping to pay 131/31 or be whiped & banished
M' Dutchfeild, M' Williams, & M' Hale were admonished to take heede of the like consealment.
M' William Collens being found to bee a seducer, & his practices pved such, hee is fined one hundred pounds, & to bee kept close prisoner till his fine bee paid, & then hee is * banished upon paine of death.t
Francis Hutchinson for calling the Church of Boston a whoare, a strumpet, & other corrupt tenents, ¿ hee is fined 501, & to bee kept close prisoner till it bee paid, & then hee is § banished upon paine of death.t
Margery Mathew T widow of Thom: MathewT is alowed to sell her husbands house, land, & goods toward paymt of her husbands debts, reserving her necessary cloaths & beding, weh were hers before marriage being pply her owne./
[The next record of the Court of Assistants in the L. copy is of the date 28 Oct. 1641. The record of the Court of Assistants as found in the first volume of the Colony Record ends here. The following is the answer of John Pratt and the action of the Court thereon referred to above under the date of November 3, 1635. (See the note on page 58.) This John Pratt record was paged at one time 77 and 78. It is now paged 9 and 10 in the original volume. (See above page 15.) The whole, including the signatures at the end, was written by the Secretary, Simon Bradstreet. ]
[77] The Answer of mee John Pratt, to such things as I he[are &] pceave obiected against mee, as offensive in my tre.
ffirst genally w soeuer I writt of the impbabilitie or impossibility of subsistance for o'selues or of posterity without tempting god or with-
Is to bee in L. copy. t See Winthrop II., 38. # Tennets in L. copy.
§ Then to bee in L. copy.
Mathews in L. copy.
110
RECORDS OF THE COURT OF ASSISTANTS
out extraordinarie meanes, it was with theis two regards first I did not meane that weh I said in respect of the whole Country, or or whole Pattent in gefall : but onely of that compasse of ground wherein theis townes are soe thicke sett togeather & secondly I supposed that they intended soe to remaine, because (vpon conferrence with divers) I found that men did thinke it vnreasonable that they or any should remove or disperse into other pts of the Countrie. And vpon this ground I thought I could not subsist myselfe, nor the Plantacon nor posteritie. But I doe acknowledge, that since my tre there have bene foure sundry places newly found out as Neweberry Concord & others (and that within this Pattent,) weh will afford good meanes of subsist- ance, for men & beasts, In weh & other such like newe plantacons, if the Townes shalbe fewer & the bounds larger then theis are, I conceave they may lyve comfortably. the like I thinke of Conecticott, with the plantacons there nowe in hand, & w I conceave soe sufficient for my selfe, I conceave soe sufficient also for my posteritie & concerneing theis Townes heare soe thicke planted, I conceave they may subsist, in case that besides the conveniences wch they have already neere hand, they doe impue ffermes somew' further of, & doe also apply themselues to, & doe imque the trade of fishing, & other trades. As concerneing
y* intimacon of the Comonwealth builded vpon rocks sands & salte marshes, I wishe I hadd not made it, because it is construed contrarie to my meaneing, weh I have before expressed And whereas my tres doe seeme to extenuate the iudgemt of such as came before, as haveing more honestie, then skill they being scollers, cittyzens tradsmen er my meaneing was not soe genall as the words doe import, for I had an eye onely to those, that hadd made larger reports into England of the Country then I found to be true in the sence aforesaid. And whereas I may seeme to imply, that I had altered the myndes or iudgemt of the body of the people, magistrates & others, I did not meane this in re- spect of the goodnes or badnes of the Land, in the whole plantacon, but onely in poynte of removeall, & spredding further into othr pts they afterwards conceaveing it necessarie, that some should remove into other places here & there of more inlargemt. and whereas I seeme to speake of all the magistrates & people, I did indeed meane onely all those with whome I hadd any private speech aboute those things & as
for the barrenes of the sandy grounds er. I spake of the[m] as then I conceaved, but nowe by experience of myne owne, I finde that such ground, as before I accounted barren, [78] yet being manured & hus- banded doeth bring forthe more fruict then I did expect. As for the
111
OF THE MASSACHUSETTS BAY.
not psping of the Englishe graine vpon this ground, I doe since that time see that rye & oates have psped better than I expected, but as for the other kindes of graine, I doe still question whither they will come to such pfeccon as in or natine countrie from whence they come. And whereas I am thought genally to charge all that have written into England, by way of comendacon of this land as if what they hadd written were genvally false, I meant it onely of such excessiue comen- dacons, as I see did exceede, & a[re] contrary to that weh I have here expressed.
And as concerneing that weh I said, that the gospell would be as deare here as in England I did it to this end, to putt some weh intended to come hither onely for outward comoditie, to looke for better grounds, ere they looke this way.
As for some grounds of my returneing, wch I concealed from my ffriends for feare of doeing hurt, I meant onely some pticul' occacons & apprehencons of myne owne, not intending to lay any secrett blemishe vpon the state, and whereas I did expresse the danger of decayeing here in o' first love er I did it onely in regard of the many folde occa- cons & businesses, wch here att first wee meete withall, by weh I finde in my owne experience, (and soe I think doe others also) howe hard it is to keepe or hearts in that holy frame weh some tymes they were in, where wee hadd lesse to doe in outward things : but not at all intend- ing to impute it as necessary to or condicon, much lesse as a fruicte of or precious liberties, weh wee enioy, wch rather tend to the quickening of vs, wee improveing the same as wee ought. This my answer (ac- cording with the inward consent & meaneing of my heart) I doe hum- bly comend to the favrable consideracon & acceptance of the Court de- sireing in this as in all things, to approve myselfe, in a conscience voyde of offence towards god & man.
John Pratt.
Of this answer of John Pratt before written, voluntarily by him made, as wee are witnesses, soe doe wee also ioyne wth him in humble desire vnto the Court that it may be favrably accepted & what euer fayleings are in the tre in regard of the manner of expressions (wch may seeme hardly to suite wth theis his interpretacons,) wee doe desire the indulgence of the Court to passe ouer without ffurther question/.
Peter Bulkeley John Wilson Thomas Hooker
112
RECORDS OF THE COURT OF ASSISTANTS
Whereas John Prat of Newe Towne being called before vs att this prsent Court. & questioned for a tre weh hee wrote into England, dated wherein hee raysed an ill report of this Countrie, did desire respite till the nexte day to consider of his answer, hee hath nowe deli@ed in this before written, weh vpon his free submission & acknowl- edgem of his error the Court hath accepted for satisfaccon & therevpon pdoned his sª offence, & gyven ordr. yt it shalbe recorded & such as de- sire coppyes thereof may have the same/.
John Haynes Goun'.
Rich Bellingham John Winthrop
Tho. Dudley
John Humfry Willm Coddington
Willm Pinchon
Atterton Houghe
Increase Nowell
Simon Bradstreete
PART II. COURT OF ASSISTANTS. RECORD 1641-1644.
FROM A CONTEMPORANEOUS COPY NOW IN THE BOSTON PUBLIC LIBRARY.
PART II. 1641-1644.
COURT OF ASSISTANTS RECORDS.
[Taken from the copy of the Massachusetts Colony Records now in the Boston Public Library and known as the Barlow Copy. This portion of that copy has been printed in W. H. Whitmore's Bibliographical Sketch of the Laws of the Massachusetts Colony. The first part of the copy in the Public Library, extending to Jan. 28, 1641, is in the handwriting of Thomas Lechford. (See above, page 1, headnote to Part I.) The rest of that copy, or part of it, as stated above in the note on page 103, appears to have been made by Samuel Symonds. (Sec Transac- tions Colonial Society of Massachusetts, Vol. V., p. 144, January, 1898.) Through the whole copy the paragraphs are numbered successively in the margin from I at the beginning to 3450 at the end. As these marginal numbers are not in the original record now extant in the State Archives from which the first part of the copy was made, it is evident that the lost record from which the part of that copy now printed was made did not have them, and they are therefore omitted here.]
[277]
At a Co't the 28th. Sth. Moth. 1641. Present. The Governor. Mr. Winthrop. Mr. Dudley. Increase Nowell.
Luxford.
James Luxford was Ordered to bee delivered to his three Creditors.
Toyeey fined.
Mr. Symon Voysey for striking M. Constable was comitted, & fined to give ME. Constable, 101h.
Waltham. Brittaine bound for Wilson.
Mr. Henry Waltham, & James Brittaine, were bound for Gawen Wilson his appearance at ye next Co't.
. Knight comitted.
John Knight is comitted vntill hee find sureties.
Eliot. Tee. -
At a Quarter Cort at Boston the 7th. of the 10th. Mth. 1641. Jacob Eliot deposed to the will, & Inventory of John Tee.
115
116
RECORDS OF THE COURT OF ASSISTANTS
Smith. Prichard.
John Smith is graunted five shillings against William Prichard.
Richardson dis- charged.
John Richardson appearing, & testimony given of his good carriage, hee, & his sureties were discharged.
Wilson, & sureties discharged.
Gawen Wilson appearing, hee, & his sureties were discharged.
Voca[s] fined or whipt.
John Voear was censured to pay ten shillings, or bee whipped, the 1st. Moth.
Capt. Williams, Richardson.
Capt. Williams was p'ssed, & promised to en- deavor, & doe what in him lay to bring backe John Richardson.
Richards fined. Walthian Richards was vpon his p'sentment fined 51b., & enjoyned to pay the witnesses, which were Edward Bennet, & his wife; Richard Silvester, & his wife; Arthur Warren, Thomas Rawlings, Thomas Penny, Mr. Waltham, & Mary Smith, after 28. p day, & to make a Publique
ffinch his wife ill.
Samuel ffinch his wife was certified to bee ill.
Braintree.
The Inhabitants of Braintree, for the bridge over Minotocot River are respited till the Generall Court.
Hingham.
Hingham hath time till the first of the 34. Moth. to finish the bridge over Layfords-liking, which they are doe by that time vpon paine of 51b.
Barnes.
Thomas Barnes about lace, was admonished, & discharged.
Jobson.
John Jobson for vnadvised exp'ssions, was admon- ished, & discharged.
Hands discharged. Marke Hands for want of proofe was discharged.
Dorchester fined.
Dorchester for defective wayes was fined 59., & had | time | till the 24. Moth.
Marklin recompence Pen.
It was referred to indifferent men to judge, what recompence Marklin knight should returne to James Pen.
Davies fined, bound. William Davies for keeping an house of disorder, by giveing enterteinement against Order, was fined 20°., & bound in 101b. not to sell ale, strong beare, wine, or strong-water.
Chidley.
Mr. Chidley was gone out of the Countrey before Cort.
Hawkins fined.
Thomas Hawkins for makeing bread to light was fined 59. and enjoyned to give one witnesse, Edward Bates, 23. 6ª
117
OF THE MASSACHUSETTS BAY.
Boston fined. Boston for defective [ways] towards Roxbury is fined 10;, & enjoyned to mend them, by the 24th. of the 2ª. Moth., vpon paine of five pounds.
Cambridge fined.
Cambridge for a defective way to Charlestowne is fined 53.
ffuller. ffuller was respitted till the next Quarter Cort.
Knight. Carters wife.
John Knights Cause to be tryed by Action. Carters wife was admonished, & discharged.
[278]
At a Co't at Boston the 27th. 11th. Moth. 1641.
Present. The Governor. M. Winthrop. M'. Dudley. Increase Nowell.
.
Knowers estate. The administration of the estate of Thomas Knower is graunted to James Browne & William Stitson Gosse, & his wife, to bee brought to the next Cort, to answer things objected against them.
Wilsmore.
Elizabeth Wilsmore had warrant to the Constable of Watertowne, to provide hir a place in service, or otherwise.
Williams. Read. David Wms hath put himselfe to John Read for 4 yeares, from the 12th. of this p'sent Moth.
ffox. Everell.
John ffox hath put himselfe Appuntise to James Evrell, for 6 yeares, from this p'sent day.
At a Quarter Cort at Boston ye 1st. of the 1st. Moth. 1641 1642. Present. Mr. Governo". M'. Winthrop. Mr. Dudley. Increase Nowell. M. Bradstreet.
Mr. Ballards estate. Mr. Timothy Tomlins, & Thomas Elington were graunted administration of the estate of M'. Ballard, & they are to dispose of the Children, & their estates.
Story comitted. &c. George Story vpon his miscarriage was comitted, & after vpon his submission, & acknowledgement of his fault, hee was discharged.
Charlestowne. Sudbury.
Dedham Lands.
Charlestowne delivered in a transcript of their Lands. Sudbury dd in a transcript of their Lands. Dedham delivered in a transcript of their Lands.
.
118
RECORDS OF THE COURT OF ASSISTANTS
-
Malachy Browne had six shillings 8. pence Costs Browne. Perry. graunted against ffrancis Perry, for warning him to appeare, & not prosecuting him.
Mr. Trerice fine
rem.
Mr. Nicholas Trerice | his fine || of forty shillings is remitted him.
Thatcher, Collaine, Allen, Barton, whipt. Peter Thatcher for plotting Piracy was comitted, & to bee whipt; Matthew Collaine, Robert Allen, & Marmaduke Barton, were whipped for concealing the plot of Piracy.
Shermans fine remit. Samuel Sherman is remitted his fine of 20°.
Henry Singleman is bound in 201b. to bee of good Singleman, ffuell, bound. behavior & to appeare at the Quarter Cort in the 7th. Moth. 1642. & Samuel ffuell is bound in 101b. for the good behavior & appearance of Singleman.
James Hawkins for prophaining the Sabbath hee Hawkins whipt. was censured to bee whipt, & bound with his Brother Thomas Hawkins in 401b. to appeare at the Generall Co't, & answer for venting his corrupt Opinions, & to bee of good behavior till then.
Sedgwicke for theft, wbipt. &c.
Elizabeth Sedgwicke for hir many theftes, & lyes was censured to bee severely whipt, & condemned to slavery, till shee have recompenced double for all hir thefts.
Pesons banished.
Pesons, or George the Indian, was banished not to come among the English after a weeke.
Mincarry admonisht. &c.
Mincarry, the blackmore was admonished, & dis- missed.
Smith admonisht.
John Smith was admonished & dismissed.
Coles restitution.
Susan Cole was enjoyned to make double restitu- tion.
At a Cort at Boston 28th. 2d. Moth. 1642.
Present. The Governo". Mr. Winthrop. Mr. Dudley. M. Stoughton. Increase Nowell.
Barton comitted. Marmaduke Barton for his theft, & running away, was comitted to the keeper, as a slave, till the next Generall Cort .*
Briant whipt.
Thomas Briant for concealing Thatchers Plott, & consenting to it, was censured to bee severely whipped.
* Bee Mass. Col. Records, Vol. II., p. 21.
119
OF THE MASSACHUSETTS BAY.
Jackson.
Elisha Jackson was with his owne consent turned over for his time, from George Barrell, to John Millam.
The 12th. 3d. Moth. 1642. Present. The Governor. Mr. Winthrop. Increase Nowell.
Woodcocke whipt. John Woodcooke for his many miscarriages was censured to bee whipped.
[See below after the next four courts for records of courts from June 7 to Dec. 6, 1642, misplaced in the Library copy. ]
At a Cort at Boston 20th. 12th. Moth. 1642. Present. The Governor. M'. Dudley. Mr. Bellingham. Increase Nowell.
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