USA > Massachusetts > Suffolk County > Boston > Second report of the record commissioners of the city of Boston, containing the Boston records 1634-1660, and the book of possessions > Part 1
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Go 974.402 B65br v.2 Ed.2 1137079
M. L.
GENEALOGY COLLECTION
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V
GEN
ALLEN COUNTY PUBLIC LIBRARY 3 1833 01794 1920
Digitized by the Internet Archive in 2015
https://archive.org/details/secondreportofre2163bost
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SECOND REPORT
OF THE
RECORD COMMISSIONERS
OF THE
CITY OF BOSTON; Mass.
CONTAINING THE
BOSTON RECORDS, 1634-1660, AND THE BOOK OF POSSESSIONS.
SECOND EDITION.
ATRIBUS SIT DEL
D. 1822 - SIBON SO
BOSTONIA CONDITA A.D. 16 30 REGIMINE DONATA
BOSTON: ROCKWELL AND CHURCHILL, CITY PRINTERS, No. 39 ARCH STREET. 1881.
.
[DOCUMENT 46-1881.]
CITY OF
BIS
)1022
BOSTON.
BOSTONIA. CONDITA A.D. 1630.
INE DO
1137079
IN BOARD OF ALDERMEN, April 30, 1877.
Ordered, That the Record Commissioners be authorized to publish a second report. to contain a transcript of the first volume of the Town Records and of the Book of Possessions, to be printed, bound, and distributed in the same manner as their first report, at an expense not exceeding one thousand dollars. to be charged to the appropriation for printing.
Passed. Sent down for concurrence. May 3, came up concurred. Approved by the Mayor, May 7, 1877.
A true copy.
Attest : JOHN T. PRIEST, Asst. City Clerk.
SECOND REPORT OF THE RECORD COMMISSIONERS.
To His Honor the Mayor and the City Council of Boston: -
It will be understood, from the terms of the preceding vote. that no detailed report is to be expected from the Record Commissioners at the present time. Acting under the instructions given them, they have endeavored to present faithful transcripts of the two earliest volumes of the records of the town of Boston, viz., of the first Book of Records proper. and of the Book of Possessions.
The value of the first volume of Records consists not only in the information given as to the names and posses- sions of the first inhabitants, but also in its indications of the extent of the powers exercised by the town authorities. Inasmuch as the progress of town government on the New England plan is, and always will be, of great interest to the student of social science, it must be worth while to present
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CITY DOCUMENT No. 46.
to the public the full and exact statement of the proceedings of the greatest town in the colony.
As to the Book of Possessions, it is sufficient to say that this must be the foundation of all titles to real estate within the old town limits, and that, therefore, it was, on many accounts, most desirable that it should be made accessible and permanent by receiving the honors of print.
The records of the town of Boston, now in the custody of the City Clerk, may be described as follows : -
Ten volumes, of which the first is here printed, contain- ing the acts of the town from 1634 to 1822. The first volume (1634-1660) contains also the acts of the Selectmen ; the second volume (1660-1728) contains the acts of the Selectmen from 1660 to 1701; and thenccforward it records only the proceedings of the town. In 1701 the system was established of recording the doings of the Selectmen sepa- rately, and twenty-thrce volumes contain their records until 1822.
There are a few miscellaneous volumes, as the Book of Possessions, etc. In two large volumes, also, have been bound up the miscellaneous papers in the custody of the City Clerk, covering the periods of 1634-1715, 1717-1734. After this date the papers are still arranged in files and bundles.
Recently the Record Commissioners have reported to His Honor the Mayor the necessity of taking some measures to assort and preserve the records of the old courts of the County of Suffolk prior to the Revolution. In spite of the neglect which these files have suffered for many years it is highly probable that they contain documents of prime im- portance to the history of our town.
It may be proper to mention that very little has yet been done towards publishing the history of Boston. The mag- nitude of the task has probably prevented its accomplish- ment ; and the deplorable deficiencies in the records, which it is the task of the Commissioners to repair, may also have discouraged enthusiasts. A brief sketch of the principal contributions to our local history may be of some service.
In the third volume of the Collections of the Massachu- setts Historical Society, for 1794, there was printed (pp. 241-304) " A Topographical and Historical Description of Boston, 1794," by Thomas Pemberton.
Not much can be expected of a work of sixty pages on so large a subject.
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SECOND REPORT OF RECORD COMMISSIONERS.
Next we find the following book : -
" A Topographical and Historical Description of Boston, from the first settlement of the Town to the present period ; with some account of its Environs. By Charles Shaw, Esq., Member of the American Antiquarian Society Boston : printed and published by Oliver Spear. 1817." [12mo, pp. 311. Woodcuts. S. Dearborn, del., A. Bowen, Sc. New State House, Faneuil Hall, Christ Church, Old State House, Julien's, Milk St., Triangular Warehouse, Town Dock, Fac-simile of First entry in Town records. ]
This work is based upon Pemberton's Description, with the addition of some material taken from the earlier writers. A few extracts from the Town records are given, but not enough to make the book a distinct authority. The most valuable portion is the additions to Pemberton's sketches, showing the changes between 1796 and 1817.
Next we may notice the following : -
" A History of Boston, the metropolis of Massachusetts, from its origin to the present period ; with some Account of the Environs. By Caleb H. Snow, M.D. Embellished with engravings. Boston : published by Abel Bowen, No. 2 Congress-Square, Congress-street. Printed by Munroe and Francis, 128 Washington-street, 1825." 8vo, pp. 400. [It contains 29 engravings and wood-cuts, of which a list is given. Pp. 395-400 were occupied with the Index; but soon after an Appendix was published, being pp. 393-4 re- printed, and continued as pp. 395-424.]
In 1828 a second edition was published ; but apparently it consisted only of the sheets of the first edition and the Appendix, with a new Index (pp. 425-427) and new title- page. It seems that Abel Bowen was the proprietor of the book, and that he issued proposals for a subsequent edition, but never carried his idea into execution. In 1829 Bowen published his "Picture of Boston " (2d edition, 1833; 3d edition, 1838), the parent of numerous guide-books.
The next book claiming our attention bears the following title : -
"A Municipal IIistory of the Town and City of Boston, during two centuries. From September 17, 1630, to Sep- tember 17, 1830. By Josiah Quincy. Boston : Charles C. Little and James Brown. 1852." 8vo, pp. 444 ..
VI
CITY DOCUMENT NO. 46.
This is substantially the history of Boston, under its char- ter as a city, from 1822 to 1830. The illustrations are, a view of the Quincy Market, and a plan of the same, showing the streets and estates taken, altered, and laid out in conse- quence of that construction.
In 1852 the late Samuel G. Drake commenced the publi- cation, in parts, of the History of Boston, and in 1856 issued the volume, with the following title : -
" The History and Antiquities of Boston, the Capital of Massachusetts and Metropolis of New England, from its Settlement in 1630, to the year 1770. Also an Introductory History of the Discovery and Settlement of New England, with notes, critical and illustrative. By Samuel G. Drake, A.M., &c., &c. Boston : published by Luther Stevens, 186 Washington street. 1856." 8vo, pp. 840.
It will be no disparagement to this very useful work to say that it was planned on too large a scale for success. The author received a very flattering request from the City Government to continue its publication, but was compelled by the infirmities of age to decline.
In 1871 the City Government gave official sanction to the following-named work of Mayor Shurtleff : -
" A Topographical and Historical Description of Boston. By Nathaniel B. Shurtleff. Boston : printed by request of the City Council, 1871." 8vo, pp. 720.
This was in no sense a history of the town, but rather a collection of essays relating to various historical topics. Dr. Shurtleff's familiarity with certain topics, as those of the early descriptions of the town, the maps, the graveyards, etc., etc., renders this book one of great interest and value.
Lastly, we may note Hales' "Survey of Boston," 1821, pp. 156, and Samuel Adams Drake's " Old Landmarks and Historic Personages of Boston," 1873, pp. 484, as formal contributions to our local history. Of course, there have been many minor publications devoted to limited subjects, notably histories of the various religious societies, and many public documents issued by order of the City Govern- ment.
VII
SECOND REPORT OF RECORD COMMISSIONERS.
It will be seen, however, that Boston still remains without a complete history in print, and that, therefore, the publica- tion of any portion of its records is not unnecessary.
It is also to be remembered that Boston now comprises at least three other ancient towns, each with records and a his- tory of its own. These may well demand in the future a proper amount of attention, and require proportionate publi- cation.
It is hoped that the City Government will authorize the Record Commissioners to continue the work of publishing the records ; of course not in full, but by means of such judicious selections as will afford valuable information about our predecessors.
Owing to the nature of the work, the duty of editing the First Book of Records, and of transcribing the Book of Possessions has devolved exclusively upon the senior Com- missioner.
Respectfully submitted,
WILLIAM H. WHITMORE, WILLIAM S. APPLETON, Record Commissioners.
PREFACE TO THE SECOND EDITION.
The first edition of this report being out of print, the City Council has ordered the Commissioners to reprint and stereo- type the volume. Advantage has been taken of this action to cause a careful revision of the whole book to be made. No important errors were discovered, but quite a number of trifling corrections have been made. As the two portions of the book were disconnected, it has seemed best to issue them as separate parts, so that those persons who wished only the Book of Possessions could have it complete. The seventh report, now nearly finished, will contain the Boston records from A.D. 1660 to 1700.
In addition to the list of histories of Boston may now be cited "The Memorial History of Boston, including Suffolk . County, Massachusetts, 1630-1880. Edited by Justin Winsor, librarian of Harvard University. In four volumes.
VIII
CITY DOCUMENT NO. 46.
Issued under the business superintendence of the projector, Clarence F. Jewett, Boston. James R. Osgood & Co., 1880." Vol. 1, pp. 596, and vol. 2, pp. 577, have already been issued, and this completed work will be a grand contribution to local history. It is not a continuous history, but a collec- tion of essays by various authors, presumed to be specially familiar with the topics discussed.
WILLIAM H. WHITMORE, WILLIAM S. APPLETON, Record Commissioners.
BOSTON, September 1, 1881.
BOSTON TOWN RECORDS.
NOTE. - It is intended that the following pages shall be an exact transcript of the original record, with the exception that abbreviations peculiar to written documents are herein printed in full. That is, the form "ye" for "the " " y-t" for " that " " with" for "with" " &" for "and." are confessedly not the forms used in printed documents of the date of these records. Hence. although it is intended to preserve all peculiarities of spelling, a retention of these contracted forms of writing would only unnecessarily add to the difficulty of using this transcript.
The pagination of the original volume is inserted in our text in brackets.
Every portion of the original is copied, except those mar- ginal notes which are simply indicative of the full record in the text. No use can be found for such notes which would in any degree compensate for the additional cost of printing.
This edition is printed from a copy made by W. B. Trask, Esq., and has been compared with a copy made in 1855 by Mr. Morse for the City Government, as well as with the original record.
W. H. W.
[1.] 1634. Moneth 7th, daye 1. Jo. Winthrop, Wm. Codding- ton. Capt. Underhill, Tho. Oliuer, Tho. Leuerett, Giles Firmin, Jo. Coggeshall. Wm. Peirce. Robt. Hardinge, Wm. Brenton.
Whereas it hath been founde that muche damage hath allreadye happened by laying of stones and logges near the bridge and land- inge place. whereby diverse boats have been much bruised, for preventing of such harmes for tyme to come, it is ordered that whosoever shall unlade any stones, timber or logges where the same may not be plainly seen at highe water, shall sett up a pole or beacon to give notice thereof upon paine that whosoever shall faile so to doe. shall make full recompense for all such damage as shall happen to any boats or other vessels by occasion of such stones, tymber or logges. the same to be recovered by waye of Action at the Court ; and this order to be in force from this daye forward being only a declaration of the Common Lawe therein.
It is also ordered that no person shall leave any fish or garbage neere the said Bridge or common landing place betweene the 2 Creekes whereby any anoyance may come to the people that pass
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CITY DOCUMENT No. 46.
that way, upon paine to forfeit for every such offence five shillings, the same to be levyed by distresse of the goods of the offender ; and this order to be off force from the fourth daye of this month and so forward.
And for the better execution of these orders the aforenamed Giles Firmin is appointed overseer of the said landing place, to give notice to such strangers and others as come hither with boats, and to take knowledge of all offences committed and to levye the penaltyes which shalbe forfeited. And if after notice shalbe given by the said overseer to any people that shall have any tymber, logges or stones lye without such pole or beacon, he shall not take away the same or sett up such pole or beacon, the said offender shall (after making recompense to the party damnified if any damn- age happen) forfeit to the towne for every daye the same offence shall continue, five shillings, to be levyed by distresse as before.
Moneth 8th, daye 6th. At a general meetinge upon public notice given the 5th daye of the last weeke, It was ordered and agreed as followeth : Imps. Rich. Bellingham, Esq., and J. Cogan, merchant, were chosen in the place of Giles Firmin, deceased, and Rbt. Harding, now in Virginia, to make up the 10 to manage the affaires of the towne.
Item : Jo. Coggeshall, Wni. Colburne, Samuel Cole, Wm. Bren- ton, Tho. Grubb, together with Wm. Cheeseborrowe, the constable, are deputed to make a rate for the levyinge of 40lb assessed upon the towne as the first payment of a greater sume by order of the last General Court.
Jo. Coogan, Tho. Matson and Ni. Willis are chosen to serve as jurors at the next Court of Assistants.
The 10th day of the 9th moneth, Novemb. 1634. At a generall meeting upon public notice given the day before, it was ordered and agreed upon, viz., Imprymis that Hogg Iland shalbe letted out unto the inhabitants and freemen of this towne according to the number of names in every family by John Coxall, William Brenton and John Sannford, and that none shall further fell any wood there untill the same bee lotted out.
Item : that Edmund Quinsey, Samuell Wilbore, Williamn Boston, Edward Hutchinson the elder, and Will. Cheesebrough, the con- stable, shall make and assess all these rates, vizt., a rate of 301b to Mr. Blackston, a rate for the cowes keeping, a rate for the goates keeping and other charges in rambe goats about them and for losse in common [line illegible, but in the duplicate made in 1855 it is said to be - " and to make a rate for the young cattle and eows- keeper at Muddy River."]
[2.] 10th moneth, day 8th.
At a general meeting upon public notice.
Imprimis, it was ordered that Mr. Willson the Pastor (in lieu of his land granted him at the north river by mestick which he should passe over to the towne of Boston) should have so much land at mount wooleston at his election, and after so much as shalbe his portion of other lands belonging to the towne to be layd him out
3
BOSTON TOWN RECORDS, 1634.
so neere his other lands at mount woolaston as may be for his must conveniency.
18th of the same moneth.
Att a generall meeting upon publique notice.
Imprimis. it is agred that M'. Winthrop. M. Coddington, MT. Bellingham. M. Cotton, Mr. Ollyver. M. Colborn and Willm Bal- stone shall have power to devide and dispose of all such lands belonging to the towne (as are not yet in the lawfull possesion of any particular persons) to the inhabitants of the towne according to the Orders of the Court. leaving snch portions in Common for the nse of newe Commers. and the further benifitt of the towne, as in theire discretions they shall thinke fitt ; the Ilands hyred by the towne to be also included in this Order.
9th of the 12th moneth. 1634.
Att a generall meeting upon publique notice.
Imprymis. it is agreed by generall consent that all the inhabitants shall plant eyther upon such gronnd as is alreadie broken up or inclosed in the neck or else upon the ground at Noddles Island from M'. Maverickes graunt. and that every able man fitt to plant shall have allowed him twoe acres to plant on ; and for every able vonth one acre to be allotted ont by Mr. Hutchinson, Mr. Cogan, Mr. Sampford and William Chcesbrongh and Mr. Brenton, or any three of them.
Item : That every man shall make his fences sufficient for all his planting ground on the necke upon paine that if any losse doe come for defect therein, that damage shall be satisfyed by such upon whose fence the breach shalbe, unless it doe come by unruly cattell, and that then snch as are owners of them shall, after warn- ing given unto them. satisfie for all after damages by their said unruly cattell. All the fenses to bee made sufficient before the 7th day of the second month. and they to bee looked unto by our brother Grubb and brother Hudson for the new feild, our brother Pennyman and brother Colborne for the feild by him, our brother Penn and brother Belcher for the fort feild.
[In margin] npon payne of 4s. for every [offence]. brother Everill and brother Matson for mylne feild and Mr. Wilkes.
ยท The 23d of the last moneth, 1634.
Att a generall meeting upon publique notice.
Imprymis, it is agreed by generall consent that all barren cattell whatsoever (except such as are constantly imployed in draughte) and weaned caulves 20 Weekes ould and Weaned mayle kidds shalbe kept abroad from off the necke upon penaltie for every one unput away within a weeke after warning iis. vid. for every weeke not put away ; and our brethren, John Samford, William Cheesbrougli and William Boston to take care for the observing of this order.
Item : That there shalbe a little house built, and a sufficiently payled yard to lodge the Cattell in of nights att Pullen poynt necke before the 14th day of the next second moneth.
Item : That noe swine above 12 weeke onld shalbe suffered to goe att libertie on the necke, but kept up in yards, upon penaltie for
1
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CITY DOCUMENT NO. 46.
every swine otherwise suffered, xiid. for every day soe taken, and this order also to bee looked umto by the aforesaid brethren, and they to looke out and appoint keepers for them, and to see them payd for their soe keeping the swine to bee put from of the necke before the first of the next month, or else to keepe them up in their yards under the penaltie afforesaid.
The 23d of the 1st moneth, 1635.
Att a generall meetinge upon publique warning.
Imprymis : It is agreed, by generall eonsent, that the overseers of the fenses of the severall feilds shall see to the makeing of such styles and gates as may bee needfull for every feild, and brother Wilebore to see to the gate and style next unto Roxburie, all of them to bee done before the affores'd 7th day of the 2d mnoneth, the styles and gates for Comon high wayes to be made out of publique charge, forth of the Cunstables hand, and the pryvate styles and gates to bee made at the charge upon the lands in every feild proportionablie for every [acre?] ; upon payne for every the feilde not soe done by the 1 day of the 3d moneth, 20s. to be forfeyted by the overseers thereof.
Item : That whereas the wood upon the neck of land towards Roxburie hath this last winter beene disorderly eutt up and wasted, whereby many of the poore Inhabitants are disappointed of reliefc they might have had there in after and needfull tymes, now it is generally agreed that Mr. Treasurer, Mr. Bellingham, and Mr. William Hutchinson, with the three Deaeons, shall consider whoe have beene faultie herein, and sett downe what restitution of Wood unto the poore, such shall make aeeording to theire severall propor- tions allotted by the maior part of them six.
Item : That whosoever at any publique meeting shall fall into pryvate conference, to the hindering of the publique businesses, shall forfeit for every sueh offence 12d., to be paid into the Cun- stables hand for publique use.
[3.] Att the same Generall meeting on the said 23d day of the 1 moneth, 1635.
Item : It is generally agreed that noe Wood shalbe felled at any of the Islands, nor elsewhere, untill they bee lotted out, but att Muddy Ryver, Dorchester necke, or Noddles Island.
Item : That all the wood, as yet left upon the necke of land towards Roxburie, shall bee gathered up, and layd or heaped in pyles from foyling of the ground, before the 7th of the next 2d moneth, upon the forfeyture of 6s. for every load left undressed up for every Weeke afterwarde, to bee payd, by those that felled the trees, into the Cunstables hands for publique use.
The 13th of the 2d moneth, 1635.
Att a Generall meeting upon publique notice.
Imprymis : It is agreed, by generall eonsent, that our Pastor, Mr. John Wilson, shall have libertie to improve what ground may bee for him att Mount Woollystone, with free reserving unto him his graunt at Mistieke, until his cominge home, for further agreement with the Inhabitants.
5
BOSTON TOWN RECORDS, 1635.
Item : That all the drye cattle that are put unto our brother William Cheesbrough. for keeping att Pullen poynt necke, untill the 1st of the 9th moneth, shalbe at the rate of 5s. a head unto him.
Likewise it was then generally agreed upon, that our brother Philemon Pormont, shalbe intreated to become scholemaster, for the teaching and nourtering of children with ns.
Also, that our brother. Richard Fairbanke, shalbe intreated to take the Cowes to keeping that are upon the neck ; and in case he cannot then our brother, Thomas Wardall, to be intrcated there- unto.
The 8th of the 6th moneth. 1635.
Nicholys Willys was Chosen a Cunstable for this following yeare. and hath taken his oath accordingly.
The 30th of the 9th moneth (called November), 1635.
Att a generall meeting upon publique notice.
Imprymis : It is agreed that noe further allotments shalbe graunted unto any new comers, but such as may be likely to be received members of the Congregation.
Item : That none shall sell their houses or allotments to any new comers, but with the consent and allowance of those that are appointed Allotters.
Item : That all such as have allotments for habitations allotted unto them shall build thereon before the first of the first month next called March. or else it shall be in the power of the allotters to dispose of them otherwise.
Item : That M'. William Hutchinson. MIT. William Colborne and M. William Brenton shall sett pryces upon all cattell comoditics, victualls and labourers and Workmen's Wages and that noc other prises or rates shalbe given or taken.
Item : That none of the members of this congregation or inhabi- tants among us shall sue one another at the lawe before that Mr. Henry Vane and the twoe Elders MIT. Thomas Ollyver, and Thomas Leveritt have had the hearing and desyding of the cause if they cann.
The 4th of 10th moneth, 1635.
Att a Generall meeting upon publique notice.
Imprymis : It is agreed that noc manner of Cattell, neyther cowes, gelt beast, horse, swine or goates shalbe kept or suffered to goe at libertie on the inward necke from the middle of the second [month] called Aprill untill the latter end of Harvest.
Item : That Mr. William Brenton and MIT. John Sampford [shall appoint] where and what manner of fence shalbe made betweenc the [planting grounds : ] and also to appoint every man that shall have any new all[otment of planting] ground upon the necke, how much of the said fence [he shall make and to view and] allow of the sufficiency thereof, or else they are not [to plant their allot- ments.]
Item : That in regard of the unequall disposing of the [planting
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CITY DOCUMENT NO. 46.
ground all iottcheretof]d re it is now agreed by genrall consent [that none of the inhabitants shall] be accounted to have any [estate of inheritance on the planting ground] upon the necke, save onely in theire house plotte, gardens [and yards, untill] the towne shall take [order for a more equal disposing thereof amongst them 7 .*
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