USA > Massachusetts > Records of the Court of assistants of the colony of the Massachusetts bay, 1630-1692 > Part 2
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Further it is ordered that whateuer pson hath receau[ed ] any Indian into their ffamylie as a serv' shall discharge them- selues of them by the 1th of May nexte, & that noe pson shall hereafter intertaine any Indian for a servt without licence from the Court.
Nich: Knopp is fyned v1 for takeing vpon him to Nick: Knop find for deceite. cure the scurvey by a water of noe worth nor value, which hee solde att a very deare rate, to be imprisoned till hee pay his ffine or gine securitye for it, or els to be whipped & shalbe lyable to any mans accon of whome hee hath receaued money for the sd water.
[68] Jost Weillust is chosen survey" of the ordinanc & cannouneere for which hee is to haue allowed him Wellust sallery. 10' ₽ anî.
John Ellford hath bound himselfe in C ñks, & Elfords & suretys bond. Roger Connant & John Woodbury hath bound them- selues in 401 a peece for John Ellfords psonall ap- pearance att the first Court to be holden in Novemb' nexte to answere for the death of Thomas Puckett.
M. Willm Pelham & M. Edmond Lockewood hath mised to pay to the Court the some of yl. for Nich: Knopp before the last Court of May nexte.
Att a Court att Waterton March 8th 1630-31.
Prsent
The Gown"
M'. Nowell
Deputie Goûn'
' Mr. Pinchon
Sr. Rich: Saltonstall Mr. Coddington
Mr. Ludlowe
Mr. Bradstreete.
Vpon a complaynte made by Saggamore John & Indians recompence for 2 wiggwams, burnt by Sr Ri: Sal[ :man] : Petr. for haueing 2 wigwams burnt which vpon ex- aminacon appeared to be occaconed by James Wood- ward serv' to Sr. Rich: Saltonstall it was therefore ordered that Sr. Richard should satisfie the Indians for the wronge done to them (which accordingly hee did by giueing them 7 yards of cloath) & that his said serv'. should pay vnto him for it att the end of his tyme the some of 15.
12
RECORDS OF THE COURT OF ASSISTANTS
It was ordered that Tho: Foxe servt to M'. Cra- Tho: Fox sent. docke shalbe whipped for vttering mallitious & scan- dilous speeches, whereby hee sought to traduce the Court as if they hadd taken some bribe in the busines concerneing Walter Palmer./
Further (in regard the number of Assistants Courts are but fewe & some of them goeing for England) it was therefore ordered that whensoeuer the number of 9
legality.
Assistants resident within the Lymitts of this Juris- diccon shalbe fewer then 9, it shalbe lawfull for the maior p'te of them to keepe a Court and whatsoe@ orders or acts they shall make shalbe as legall & authenticall as if there were the full number of 7 or more.
[69] Att a Court of Assistants holden att Boston March 22th 1630-31.
Present
The Gouern'
Sr. Rich: Soltonstall
The Deputie Goun' Mr. Pinchon
Mr. Ludlowe
Mr. Sharpe
Mr. Coddington
Mr. Bradstreete.
M. Nowell
It is ordered (that whereas the wages of Car- Workmens wages at liberty. Rates. pentrs Joyners & other artificers & workemen were by order of court restrayned to pticul' somes) , shall nowe be lefte free & att libertie as men shall | reasonably | agree.
Further it is ordered that e@y Towne within this Armes for all inhab- itants to be provided. 10 Pattent shall before the 5th of Aprill nexte, take es- petiall care that ety pson within their Towne (ex- cept magistrates & ministers) as well serves as others, be furnished with good & sufficient armes allowable by the Capt. or other officers, those that want & are of abilitie to buy them them- selues, others tha[t] are vnable to haue them pvided by the Towne for the present, & after to receive satisfaccon for that they disburse when they shalbe able.
Cardes & dice 11 (5)
to be made away wtb.
It is likewise ordered that all psons whatsoeuer that haue cards dice or tables in their howses shall make away with them before the nexte Court vnder ¿ paine of punishmt./
13
OF THE MASSACHUSETTS BAY.
Rich: Johnson confesseth to owe vnto Sr: Richard Johnson acknowl- edgt of 13li debt to Sr: Rich. Saltonstall (all accompts cleared) the some of 131. wych hee promiseth to pay after 28 p weeke, therefore it is ordered that those that setts Johnson on worke shall pay vnto Sr. Richard out of his wages the sd 28 p week.
Crib, Cable, & Trowent sent. to be whipt.
It is ordered that Beniamyn Cribb John Cable & Morris Trowent shalbe whipped for stealeing 3 piggs of Mr. Ralfe Glouers.
Rich: Louge confesseth to owe vnto M'. Ludlowe the some of 31-189- 4d. which hee pmisseth to pay him after 28. p weeke till it be all satisfied.
It appeares by S. Rich: Saltonstalls note of disbursm's that Willm Knopp owes him the some of 191 vs, as was evidenced to the Court by Richard Browne & Ephraim Childe being men indifferently chosen betwixte thein to judge thereof.
[70] A Court of Assistants holden att Boston Aprill 12th 1631 .*
Prsent,
The Goon" Deputie Goûn" Mr. Pinchon
Mr. Nowell
Mr. Ludlowe
Mr. Bradstreete.
Watches, when to begin.
It is ordered that there shalbe a watch of 4 kept ety night att Dorchester & another of 4 att Waterton the watches to begin att Sunsett.
Disturbance of ym 12 (6)
Further it is ordered that if any pson shall shoote of any peece after the watch is sett, hee shall forfeict 40s. or if the Court shall iudge him vnable then to be whipped, the second fault to be punished by the Court as an offence of an higher nature.
It is likewise ordered, that e@y man that findes 13 a muskett shall before the 18th day of this moneth Ammunition, euy man to provide. (& soe alwaies after) haue ready 11 of powder 20 bulletts & 2 fathome of match vnder penaltie of x9 for ety fault. - moderated 470 : +
Traineinge onc a week.
It is ordered that ety Captaine shall traine his companie on Saterday in euerie weeke.
* See Winthrop I. 52.
t This number, which is not in the Lechford copy, is a reference to an order of the General Court passed in June, 1641, and numbered 470 in the margin of the record. See Mass. Col. Records, Vol. I., p. 307.
14
RECORDS OF THE COURT OF ASSISTANTS
Travellers not to go vnarmed.
Further it is ordered that noe pson shall travell single betwixte theis plantacons & Plymouthe nor without some armes though 2 or 3 togeath".
A Court of Assistants holden att Boston May 3 1631.
Present
The Gown
Mr. Nowell
Deputie Gown'
Mr. Pinchon
Mr. Ludlowe
Mr. Bradstreete
Capt. Endicott
It is ordered that Thomas Chubb shall be freed from the service of Mr. Sam1 Mawacke & shall become serv' to Willni Gayllerd of Dor- chester.
It is ordered that John Legge serv' to M'. Humfry shalbe seuerely whipped this day att Boston, and afterwards soe soone as conveniently may be att Salem for strikeing Richard Wright when hee came to giue him correccon for idleness in his maistrs worke.
[71] Tho: Walford of Charlton is ffyned xls. & is in- ioyned hee and his wife to depte out of the lymits Walford to of this Pattent before the 20th day of October nexte dept ye patent. vnder paine of confiscacon of his goods for his con- tempt of authoritie & confrontinge officers er.
It is ordered that for this yeare if the cowes horses or goates of any Trespasses in corne, ownrs of cattle to pay. mans in any plantacon shall (Salem excepted) shall trespasse & doe hurte in the corne of another, that the owner of the cattell shall make full satisfaccon for the damage done by them, & that all swine that are found in any mans corne shalbe forfeict to the publique, out of wch the prtie damnyfied shalbe satisfied, if ye swine soe forfeicted be of that value, if not the owner is to make full recompence in other goods.
'Swyne forfeited er.
It is ordered that Thomas Bartlett serv' to Mr. Pelham shalbe whipped for his vniust selling of his maisters tooles, &
Tho: Bartlets sent. that Sam" Hosier & John Page shall returne either the tooles they bought of him or the prices thereof to Mr. Pelham.
John Norman sen'. is ffyned x for his not appearing att the Court being sumoned.
15
OF THE MASSACHUSETTS BAY.
A Jury impanneld to inquire concerneing an accon of Battry com-
playned of by Thomas Dextor against Capt. Endicott
Rich: Browne Henry Wolcott
Willm Clearke
Sam1 Hosier
Alex: Wignall
John Stickland
John Dillingham
Isaac Sternes
John Gosse
Daniell Fince
John Johnson Edw: Converse.
The Jury findes for the plantiffe and cesses for damages xls.
[On page 72 and the beginning of page 73 is the record of a General Court 18 May, 1631. The rest of page 73 and pages 74 and 79 contain lists of freemen admitted from 1631 to 1634. Between pages 74 and 79 there were at the time the pages of the book were numbered two leaves paged 75, 76, 77, and 78. These are now in the first part of the original volume and are paged, beside the old paging, (1), (2), (9), and (10). The order in which Lechford made his copy, about the year 1640, indicates that these two leaves with other miscellaneous matter were then at the end of the original volume, and that the first pagination took place at a later date after these two leaves had been inserted between pages 74 and 79. In fact, the first numbering of the pages of the original seems to have been done by Rawson, the Secretary after Nowell. The leaf paged 75 and 76 contains the oaths for the governor and for the council. That paged 77 and 78 contains the "Answer" of John Pratt and the action of the court thereon. This has no date, but it appears from a mention of it by Winthrop, in his History of New England, page 173, to have been at a meeting of the Court of Assistants Nov. 3, 1635. It will be found below at the end of Part I.]
A Court holden att Boston June 14th 1631.
Present
16
It is ordered that noe man within the limitts of this Jurisdiccon shall hire any
The Goun
(8)
Deputy Goûnr
pson for a serv' for lesse time then a yeare,
Mr. Ludlowe [svt] vnles hee be a setled housekeep also that Capt. Endicott
Mr. Nowell
Licence. noe pson w'soeuer shall trauell out of this
Mr. Pinchon
17 Simon Bradstreete. pattent eithr by sea or land without leaue from the Govern" Deputy Go@n' or some other assis- tant, vnder such penalty as the Court shall thinke meete to inflict.
It is ordered that the Constables of the se@all plantacons shall giue notice to the creditrs of Capt. Levett John Boggust & Henry Lauson to be att the nexte Court to make pfe of their debts that they may receive satisfaccon for the same, soe farr as their goods will afford.
Vpon the reading of certaine Artickles concerneing a genall trade of beav agreed vpon by Capt. Endicott & dyv's others. It was ordered that the psons interest, therein shall giue a meeteing before the nexte
16
RECORDS OF THE COURT OF ASSISTANTS
Court att such tyme & place as Capt. Endicott shall appoynet, to discide such differences as are betwixte them, & for such as they cannot end to bring them to the nexte Court there to be determined.
Mr. John Maisters hath vndertaken to make a John Maisters's .* passage from Charles Ryver to the newe Towne [12]f foote broad & [7] foote deepe for which the Court pmiseth him satis- faccon according as the charges thereof shall amount vnto.
It is ordered that Phillip Swaddon shalbe whipped for runing away from his maister Robte Seely, intending to goe to Virginia.
It is ordered that Phillip Ratliffe shalbe whipped hane his eares cutt of fyned 40' & banished out of ye lymitts of this Jurisdiccon, for vttering mallitious & scandalous speeches against the go@mt & the church of Salem er., as appeareth by a pticul'. thereof, qued vpon oath.# It is ordered that noe pson w'soeuer shall buy Licence. corne or any other pvision or merchtable comodity of 18 any shipp or barke that comes into this bay without leaue from the Goun' or some oth' of the Assistants.
Chickatabut.
Chickataubott is fyned a skyn of beau' for shoote- inge a swine of S. Rich: Saltonstalls. §
Ja: Browne pmiseth payemt.
Willm Almy is ffyned ijs vid for takeing away M' Glouers cannoe without leaue.
19
[Edwª Converse un- dertakes ] to keep Charlestown Ferry.
Edw: Converse hath vndertaken to sett vpp a fferry betwixte Charlton & Boston for which hee is to haue ijd for ety single pson & 1ª a peece if there be 2 or more.
It is ordered that Mr. Pelham shall pay vnto Tho: Goilthayt the some of v1 (whereof 5 nobles is already pd) wch the Court hath awarded him to pay to make good a covenant betwixte them.
[81] A Court of Assistants holden att Boston July 5th 1631.
Prsent, It is ordered there shalbe levyed out of the se@all The Goûn Deputy Goûnr plantacons the some of thirty pounds for the make- Mr. Ludlowe ing of the creeke att the Newe Towne, vz .: Win- ettsemt 158 Wessaguscus 40$ Saugus 20$ Natascett 108 S: Bradstreete. Waterton v' Boston v1 Dorchester 41 10s Rocksbury 31 Salem 31 158 Charlton 41 10.
Mr. Nowell
Mr. Pinchon
20 Further it is ordered that all the Ilelands within the Lymitts of this pattent vz. Conants Ileland
Ilands
* In modern hand.
# See Winthrop I. 56.
+ " 20" in L. copy.
§ See Winthrop I. 56.
17
OF THE MASSACHUSETTS BAY.
Noddles Ileland Tompsons Ileland togeath' with all other Ilelands within the lymitts of our pattent shalbe apppriated to publique benefit & vses, & to remaine in the power of the Goûn' & Assistants (for the time being,) to be lett & disposed of | by || them to helpe towards publique charges, & that noe pson wtsoeur shall make any vse or benefitt of any of the said Ilelands, by putting on Cattell, felling wood raise- ing slate er. without leaue from the Goin' & Assistants for the time being. This order to take place imediately after the first of Octobr nexte.
Asistants to make sumons. 21 (9)
Court.
It is further ordered that ety Assistant shall haue power to graunt warts. sumons & attatchmts, as occacon shall require, & that the acts of the Court shalbe authenticall if they passe onely vnder the Sec- retaryes hand for ye tyme being.
|| The Saggamore of Aggawam is banished from comeing into any Englishe mans howse for the space of a yeare, vnd" the penalty of 10 skins of beavr. ||
Att a Court holden att Boston July 26th. 1631.
Prsent, The Gounr Deputy Goûnr Mr. Ludlowe Capt. Endicott Mr. Nowell Mr. Pinchon 8: Bradstreete
[22] Fyres.
(10)
For the p'servacon of howses hay boards timbr er it was ordered that noe pson whatsoeuer within the Lymitts of or Pattent shall burne any ground any yeare till the first of March, vnder such penalty as the Court shall thinke meete to inflict ; & if any pson be desirous to burne any of his owne eerne ground for corne before that time, hee shall make full satis- faccon for the damage it doeth in case any be occacond thereby. Altred er 442 .*
Lucy Smyth is bound as an apprentice with M. Lucy Smith. Roger Ludlowe for 7 yeares for weh dureing wch tyme hee is to finde her meate drinke & cloathes, & att the end of her yeares to giue her the some of v1.
It is ordered that there shalbe a watch of sixe &
Watch. 3. an offi[cer] kept e@y night att Boston, 2 whereof are to be of Boston 2 of Charlton and 2 of Rocksbury.
* This refers to an order of the Gen1. Court passed Nov., 1639, and numbered 442 in the margin of the record.
18
RECORDS OF THE COURT OF ASSISTANTS
Traineing. 4. It is further ordered that ewy first thursday in ety m[oneth] there shalbe a genall traineing of Capt. Vnd hills com[pany] att Boston & Rocksbury, & ewy first Friday in ety moneth there shalbe a genal traineing of the remaind' of them [that] inhabitt att Charlton Misticke & the newe Towne att [some] convenient place aboute the Indian wigwams, the traine[ing to] begin att one of the clocke in the afternoone.
[82.] It is ordered that Frauncis Perry shalbe whipped for his ill speeches & misbehave towards his maister.
Mr. Frauncis Aleworth is chosen Leifetent vnto Capt. Southcoate, & Capt. Southcoate hath liberty graunted him to goe for England piniseing to returne againe wth all convenient speede.
A Court of Assistants holden att Boston August 16th, 1631.
Present,
The Gounr Deputy Goûnr Mr. Ludlowe
Mr. Nowell
Debts.
Mr. Pinchon
S: Bradstreete
23 [11] -
It is ordered that any bill assigned to another shalbe good debt to the pty to whome it is assigned, also that such debts due vpon bill shalbe pd before any other & that the pty that giueth such bills shall renewe them vpon demaund & deli@y in of the olde bill.
It is ordered that Mr. Shepheard and Robte Coles Shep. Cole Gibbings fined 5 m'ks a peece. shalbe ffyned 5 mks a peece & Edward Gibbons xx8 for abuseing themselues disorderly with drinkeing to much stronge drinke aboard the Frendshipp, & att M'. Mawacke his howse at Winettsemnt. discharged, 409 .*
Wignall.
Mr. Alex: Wignall is ffined 5 înks for the like offence att the same time.
It is further ordered that the executrs of Rich: Garrets execcutors. Garrett shall pay vnto Henry Harwood the some of 20 nobles, according to the pporcon that the goods of the said Rich: Garrett shall amount vnto.f
It is ordered, that Phillip Swaddon shalbe sett Swadden freedom. free from his maister Robte Seely vpon the payemt of xº to his maister.
Mr. Gennison, Enei. Mr. Willm Gennison is chosen anchient to Capt. Pattricke.
* This refers to an order of the Gen1. Court passed Sept., 1638.
t See Winthrop I. 39.
19
OF THE MASSACHUSETTS BAY.
A Court of Assistants holden att Boston Septemb' 6th 1631.
Prsent, The Goûnr Deputy Goûnr
Mr. Ludlowe Mr. Nowell
Mr. Pinchon
S: Bradstreete.
Gour Winthrop 600 [acres at ] Misticke.
It is ordered that Henry Lyn shalbe whipped and banished the plantacon before the 6th day of Octobr nexte for writeing into England falsely & mallitiously against the go@mt & execucon of Justice here .*
There is graunted to M'. Goûn' 600 ac of land to be sett forth by mks & bounds neere his howse att Misticke to enioy to him & his heires for euer.
It is ordered John Dawe shalbe seuerely whipped for intiseing an Indian woman to lye wth him. Vpon this occacon it is ppounded with' adultery eith' wth English or Indian shall not be punished wth death./ Referred to the nexte Courte to be considered of.t
[83] Mr. Alex: Wignall is ffined 40. bound to his good behave & enioyned to remove his dwelling to some setled plantacon before the last of May nexte, for drunkenes & much misdemean' by him comitted att the plantacon where nowe hee dwelleth.
A Court of Assistants holden att Boston Septemb' 27th 1631.
Present,
It is ordered that Sawers shall not
The Goun'
Deputy Gouur
25 Rates. take aboue 12ª a scoore for boards if they
Mr. Ludlowe have their wood felled & squared for them, & not Mr. Nowell
Mr. Pinchon aboue 7ª the hundred after 5 scoore to the hundred if
S: Bradstreete. they fell & square their wood themselues.
Willm Phelpes is chosen constable of Dorchester.
It is ordered that Josias Plastowe shall (for stealeing 4 basketts of corne from the Indians) returne them 8 basketts againe be ffined v1 & hereafter to be called by the name of Josias & not M'. as formly hee vsed to be, & that Willm Buckland & Tho: Andrewe shalbe whipped for being accessary to the same offence.#
A Court of Assistants holden att Boston Octobr 18th 1631.
Preent,
The Goun Deputy Goun Mr. Ludlowe [26] Capt. Endicott 12
[13]
Mr. Nowell
Mr. Pinchon F: Bradstreete.
It is ordered that if any man shall have carnall copulacon with another mans wife be che Englishe or Indian they | both | shalbe punished by death. [This was con- firmed the first month 1637 or 1638.§]
* See Winthrop I. 61. t See Winthrop I. 60, 61. # See Winthrop I. 61.
§ Thie, which appears to have been written by Increase Nowell, is not in the L. copy.
20
RECORDS OF THE COURT OF ASSISTANTS
The constable of Rocksbury returnes the receipt of M. Shep- heards ffine of 5 înks & soe it remaines in his hands to be accomptable for it. M. Goin' is to haue 40 of it wch hee pd for ferryeing the watch from Charlton to Boston.
27 Tho: Grays censure. quare .*
It is ordered that Thomas Grayes howse att Marble Harb' shalbe puld downe, & that noe Englishe man shall hereafter giue howseroome to him or inter- taine him vnder such penalty as the Court shall thinke meete to inflicte.
It is ordered that there shalbe taken out of the 28 estate of M. Crispe & his company the some of xijl js vd & deliwed to John Kirman as his pp goods, & after the whole estate to be Inventoryed, whereof the sª John Kirman is to haue an Sth p'te, this to be done with all convenient speede by theis 5 com- ission's or any 3 of them vizt. : M. John Masters Mr. Robte Feakest Mr. Edward Gibbons Epharim Childe Dan1 Fynch er.
Corn in payment. 41 It is further ordered that corne shall passe for payemt of all debts at the vsuall rate it is solde for ex- cept money or beavr be expressley named.
[84] Att a Meeteing of Assistants att Boston February the 3 1631.
Mr. Pinchon
Prsent, It was ordered, there should be three scoore The Goîn Deputy Goûnr Mr. Ludlowe Capt. Endicott Mr. Nowell pounds levyed out of the se@all plantacons within the Lymitts of this Pattent towards the Rate. pallasading makeing of a pallysadoe aboute the newe Towne vizt. : Waterton # viijl the S: Bradstreete newe Towne iij' Charlton vij1 Meadford iij' Saugus & Marble Harb" vj' Salem iiij' x8 Boston viij' Rocksbury vij1 Dorchester viji Wessaguscus vl Winettsemt xxxs.
Thomas Knower hath bound himselfe in x1 to Knowers bond. make his psonall appearance att the nexte Court to be holden att Boston the first Tuesday in March nexte to answer to such things as shalbe obiected against him./
* This marginal note is in the handwriting of Edward Rawson.
+ "Feke " in L. copy.
# Sec Winthrop I. 70.
21
OF THE MASSACHUSETTS BAY.
A Court of Assistants, holden att Boston March 6th 1632 .*
29 Present,
The Gounr
It is ordered that noe planter within the Lymitts of this Jurisdiccon returneing for England shall carry either money or beavr with him wthout leave from the Goun" (for the time being,) vnder paine of forfectinge the money or beaver soe intended to be transported.
Deputy Goûnr Mr. Ludlowe Capt. Endicott Mr. Nowell Mr. Pinchon S: Bradstreete
As an addicon to an order made the 22th of March 1630 it is ordered that if any single pson be not pvided 30 Armour to be prvided for by service, &c. of sufficient armes, allowable by the Capt. or Leifeten's before the 10th of Aprill nexte, shalbe compelled to serue by the yeare with any maister that will retaine him for such wages as the Court shall thinke meete to appoynte.
It is ordered that Courts hereafter shalbe helde ety first Tuesday in e@y moneth.t
It is further ordered that Robte Coles of Rocks-
Robert Coles.# bury shalbe fined xx8 for being drunke att Charlton in Octobr last, & is inioyned to confesse his fault to the Court, (nowe comitted in extenuateing his offence) the nexte Court & after att the Genall Court.
Tho: Knower hath bound himselfe in x1 to make his psonall |ap- pearancel att the nexte Court to answer to such things as shall be obiected against him.
[85] A Court of Assistants holden att Boston Aprill 3 1632.§
The Goûnr Deputy Goûnr Mr. Ludlowe
Present, Tho: Knower was sett in the bilbowes for threate- ing the Court that if hee should be punist, hee would haue it tryed in England whither hee was lawfully punished or not.
Capt. Endicott Mr. Nowell
V
Mr. Pinchon It was ordered, that noe pson wsoeuer shall att S: Bradstreete any shoote att fowle vpon Pullen Poynte or Noddles Catching foule. Ileland but that the sd places shalbe reserved for John Perkins to take fowle wth netts.
Vpon Robte Coles confession of his faulte comitted the last Court in extenuateing of his offence of drunkenes the Court remitted his ffyne & further confession enioyned him the last Court.
* See Winthrop I. 70, 71, for Meetings Feb. 17 and March 5.
+ See Winthrop I. 71. ¿ In modern hand. § See Winthrop I. 72.
22
RECORDS OF THE COURT OF ASSISTANTS
Sarah Morley is putt as an apprentice to Mr. Na- 31 thanaell Turner of Saugus for the space of nyne yeares from this Court for weh tearme hee is to finde her meate drinke & cloathing.
The Ileland called Conant's Ileland, with all the 32 Connants Iland, or Gours Garden, gr'ted to John Winthrop, Esqr, Gour. lib'ties & previlidges of fishing & fowleing, was de- mised to John Winthrop Esq" the prsent Gown' for the tearme of his life for the ffine of fforty shillings & att the yearely rent of xijd to be paid to the Treasurer vpon the 25th day of March & it was further agreed, & the said John Winthrop did covenant & pmise to plant a vineyard and an orchyard in the same, in consideracon whereof the Court did graunt that att the end of the said tearme the lease hereof should be renewed to the heires or assignes of the said John Winthrop for one & twenty yeares, payeinge yearely to the Goûn', for the time being, the fifth p'te of all such fruicts & pffitts as shalbe yearely raysed out of the same, & soe the same lease to be renewed from time to time vnto the heires & assignes of the said John Winthrop with the said reservacon of the said fifth p'te to the Goûn' for the time being, & the name of the said Ileland was * changed, & is to be called the Gown's Garden. vided that if the heires or assignes of the said John Winthrop shall att any time suffer the said Ileland to lye wast, & not imque the same, then this prsent demise to be voide.
[86]
March 6th 1632.+
33 Charles Toune & New Toune bounds.
It is agreed vpon by the p'tyes whose names are here vnderwritten By vertue of an order of Court ffor the appoincted; & setting out the bounds of Charles- Towne & Newe Towne,
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