USA > Massachusetts > Suffolk County > Dorchester > Fourth report of the Record Commissioners of the city of Boston, 1880 : Dorchester town records > Part 31
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293
DORCHESTER TOWN RECORDS.
of the Towne or fremen and therof shall give due notice and Cognisance vnto them And we accompt this to be due notice viz : that if it be one a lecture day that soe many as are p'sent shall take it for notice or if it be by sendinge a speciall Messenger from house to house that if notice be left at the house with wife or Child aboue the age of twelue yeares the husband or father not beinge within or not at home if he come home before the day appointed and not repayre to the seaven men or some of them to give in his Excuse or appeare vppon the day of meettinge soe many as shal haue such notice and Cognisance and attend not nor give in some valuable Excuse vnto the seaven men shall forfeite six pence for the first offence.
Secondlie when the Company is asembled as aforesayd it is ordered that all men shall attend vnto what is p'pounded by the seaven men and thervnto afford ther best help as shalbe re- quired in due order avoydinge all Janglings by two or three in seuerall companyes as also to speake vnorderlie or vnseasonably which neuertheles is this to be construed that we intend not the least infrindgment, of any brother or neybours libertie or any way to suppresse the abilities of any nor to quench the smoakinge flax but that all in due tyme and order may Communycate and contry- bute such help as they may haue opp'tunitie to doe : but only that Confusion may be avoyded and bussines more orderlie dispatched, for the ends before menconed we the seaven men haue appoynted one of vs [399.] to be our moderator to p'pound and also to order our meettinges : And that all the assembly shall addresse and direct there speech vnto him and shalbe attentiue vnto the bussines of the assembly
Thirdly that noe motions be divulged or p'pounded but such as the seaven men shall haue seasonable knowledge offe and they to p'pound the same which is thus to be vnderstood that in case the seaven men shall refuse to p'pound any mans motion the p'tie shall after some Competent tyme of patience and forbearance haue libertie to p'pound his owne cause for hearinge at some meettinge p'vided all disturbance and confusion be avoyded.
Fourthly that noe man shall dep'te the assembly without give- ing due notice vnto the moderatoure and declareinge such occacon as shalbe approved by the seaven men vppon paine of twelue pence for the first offence.
An order for Fence made 27th of the 11 mo : 45 It is ordered that all the p'prietors of the seuerall corne fieilds in this twone of Dorchester shall make vpp there fences suffitientlie by the Tenth day of the first moneth next and whosoeuer within this towne that is a p'prieter in any feild shalbe negligent to repayre or make vpp his fence in the sayd feild of which he is a p'prietor by the sayd day shall forfeit for Euerie rode he shalbe found defectiue three shillings and foure pence And soe for a greater or lesser p'porcon accordinge to that forfiture. And we doe also order that some of the sayd p'prietors shalbe appoynted for the veiwinge and ouersee inge of that feild who shall Diligentlie attend there sayd worke once euerie moneth at farthest and that as often as need shalbe or they may be required thervnto. And if it soe fall out that there
294
CITY DOCUMENT NO. 9.
be any p'porcon of fence which none of the p'prietors will owne it shall then be in the power of the sayd veiwers and ouerseers speed- ilie to call the p'prietors togethers to agree about the same that euerie man may make fence accordinge to p'porcon but if the p'pri- etors agree not amongst themselues the sayd veiwers shall lay it accordinge to p'porcon for his peace one euerie man that they can- not find wher it ought to be layd, but if they cann find where it ought to be layd they should lay it where it ought. And whoso- ener shall refuse the determynation of the sayd veiwers and ou seers shall forfeit for ther neglect therin three shillings and foure pence for euerie rode &c., as aboue sayd. And if the sayd veiwers and ouerseers shalbe negligent of there dutie heerin they shall forfeit for eucrie neglect of the two shillings And we further order that those veiwers and ou seers of eueric feild shall within six dayes re- turne what defects they find vnto the seaven men.
And also pesentlie assone as they find any defect in fence give notis to the owners of the sayd fence
the names of those which are to veiw the feilds
of the feild betweene Mrs Stoughtons Mr Athertons Jo : kins- ley : John Greenaway
of the feild behind M' Mathers Mr Bates and George Dyer
of the feild behind Joseph Farnworths M' Butler and Joseph Farnworth
of the feild betweene Mr Jones and Brother Blakes Mr Hayward and Christopher Gibson
of the feild behind bro : Hawes Rob Pond and Nycho Clapp of the twentie acr lotes Mr Patten and Richard Baker
of the great lotes and captines neck Jo : Phillips John Smyth Henrie Way and John Pope senior
of the six acker lotes John Smyth and Thomas Tilstone Jo : Phillips and Henrie [Way ?]
[400.] the 27th of the 11 mo : 1645
It is Ordered that all kind of Cattle horses mares Colts and all swine be removed out of all Corne feilds by the tenth day of the first moneth next
12 (1st) 1665
It is ordered that all hoggs and swine in this Towne of Dorchester that shall goe abroade out of mens p'ticuler inclosure shalbe suffi- tiently yoked and suffitiently ringed at or before the tenth day of the first moneth next And whosoeuer hoggs or swine yonge or old that shalbe taken abroade either in the Commons or common feilds Corne or meadowes not sufficientlie yoked or ringged or vn- yoked or vnringged the owner or Owners of the sayd hoggs or swine shall forfeit for cuerye hogge or swine soe defectiue foure pence to be levied vppon there goods by distres if they shall refus to pay And it shalbe lawfull for any Inhabitant within this Towne of Dorchester to take vp such hogg or hogges or swine and drive them to the pound and they shall haue for there laboure hearin the sayd forfeiture And also it is yet further ordered that if any such swine be found in any manns Corne or meadow ether vnyoked or . vnringged the owner of the sayd swine shall pay doobble damages but if they be yoked and ringged accordinge to this our order the
L
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DORCHESTER TOWN RECORDS.
Owner of the fence where such hoggs or swine came in and did the trespas shall pay the damages And or true intent in this our or- der is that all hoggs and swine yong and old shalbe kept yoked vn- till after Indian harvest next and to be kept ringged in Contynu- ence all the yeare.
the same day of meettinge viz 27th of the 11th mo : 1645
The seaven men Chose out from amongst themselues four men viz John wiswell William Blake Roger Clap and Hopestill Foster to veiwe where may be thought the best and fittest place for the fencinge of the necke of land and the best manner of fencinge of it Either by Ditchinge or raylinge and also that they doe p'cure it to be done at or before the foure and Twentyeth of the fourth moneth next which Charges is agreed one to be defrayed and discharged by a rate one those that haue the benefitt of the land in tyladge.
It was voted this day viz 27 of 11 mo : 45 that if there should be any more that should haue land in lewe of Calfe pasture ther was a vote first for and after against but the Vote passed Cleare against the same.
[401.] The 28th of the 11th moneth Aº : Dm. 1645.
It is ordered and also agreed by the p'prieters of the feild behind Mrss Stoughtons that they shall make vpp all the fence belonginge to the sayd feild and not to alter the sayd fence by farther inlarg- ment of the feild And that the p'prieters of that side the sayd feild next the high way against M' Clarkes house shall fence that side and theire ends p'porconable to there antient fencinge accord- inge to former agreement. And the other side and ends next vnto the meadows and Rockey hill shalbe fenced by the p'prietors of that side accordinge to former p'porcon agreed vppon. And if by any p'vidence any of the sides of the fence be altered in future tyme to the benifitt or hindrance of any of the sayd sides each side shall haue the benifitt or hindrance of such alteration without re- spect one to the other.
It is further agreed that the fence of the sayd feild shalbe kept vp winter and summer for the better securinge English graine And two men to be Chosen yearelie to see that the fence be suffi- tient.
It is also agreed that the sayd feild shalbe stinted for the pasture of it according to p'porcon of each mans land accomptinge and valueinge one acker of the meadow to two ackers of the stubble and for the stinte to be one acker and half to a Mare and two ackers to a mare and Colt and one acker for a Cowe or ox and to ac- counte for yonger three two yeare olds to two Cowes two yearlings to a Cowe and fower Calues to one Cowe the tyme when to put in Cattle and how long to be kept there to be left to the Discretion of the two men which are yearlie Chosen to looke to the feild. And the two Chosen men at the yeares end to warne a meettinge of all the p'prietors to make Eleccon of two others to Efect the same worke.
And it is agreed by the p'prietors abouesayd that whosoeuer shall leave oppen his gates dores or barres shalbe accounted letters downe of fence.
And whosoeuer shall pulle vp ther fence and lay the feild open
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CITY DOCUMENT No. 9.
shall forfeit for soe doinge fine shillings p' the rode and soe p'porconable for a greater or lesser number of rods or measure
And whoseu shalbe found defectiue in there fence or in there stinte or shall transgresse against this order shalbe lyable for eue- rie rode of fence found insuffitient three shillings and fower pence for this year accordinge to the towne order and after this yeare shalbe lyable for euerie rode of fence found insuffitient Two shil- lings And for euerie beast put in aboue the stint twelue pence for euerie tyme to be levied by distresse by the sayd Chosen men to the vse of the othere p'prietors And the Chosen men to be care- full to see to those that shall pull vp there fence and to levie there fines.
The two men appoynted by the seaven men are to looke to these orders and agrements and to doe the duties of the same they are Chosen for this yeare viz John Greenaway and John Kinslie
These orders and agrements abouesayd to contynue and not to be altered but by the consent of two thirds of the p'prietors.
HUMFREY ATHARTON
HENRY WITHINGTON
THO : JONES
GEO : WEEKES JOHN KINGSLEY
[Page 402 blank. ]
[403.] The 10th day of the first moneth 1616.
The day abouesayd there was a vote published whether the litle wood should be app'priated for the keepinge of sheep if any should buy some sheep to incorage them therein soe as they doe make vse of the same within one yeare.
the vote passed and was graunted by the whole towne except but 3 or 4 and they say they are not against it but for some ends of ther owne did not vote for it it was graunted for seaven yeares onlie for that vse and noe other Catle to be putt therin
It is intended that all and eurie man may if they will put sheep there in the time of the seaven yeare, soe as he be a Commoner | nor is it hearby intended that any many man shall giue there right away which they haue therin if they doe not or are not able to purchase sheep but that those which doe enioy the same shall giue a valuable consideracon vnto them for the same yearlie.
[Page 404 blank. ]
[405.] The 20th day of the 1st moneth : 46.
These pesents witnesseth that Christopher Gibson of this Towne of dorchester hath sould vnto Martin Saunders of Brantree one p'ele of meadow lyinge one the yonder side of Naponset river Contayn- inge by estymation five ackers be it more or lesse beinge the sixtie sixth lote Bounden betweene the lotes of John kinslie and Augustin Clements which were the lotes of Thomas Holcombe and Thomas Duce the lot which John Kinslie hath and William Hulbert the lote that Augustin Clements hath To haue and to hold the same from the day of the date hearof for euer, without any disturbance or de- nyall of the sayd Christopher Gibson or the heires or assignes of George Phillips to whom it was first graunted or any other by his
297
DORCHESTER TOWN RECORDS.
meanes or p'curement In witnes wherof I haue hervnto put my hand[t] he day and yeare aboue writen.
CHRISTOFER GIBSON
GEO : WEEKES test :
The 31° day of the 1st mo : 1646.
These pesents witnesseth that Nathaniell Wales of this Towne · of Dorchester hath given graunted bargained and sould vnto John Holland of the same all that his lote lyinge and beinge one Captaines necke Contayninge by estymation three ackers be it more or lesse To haue and to hould the same lote vnto the sayd John Holland his Heires and assignes frome the day of the date hearof for euer without any let or trouble or denyall of the sayd nathan- iell wales or his heires or any other by his meanes or p'curement In witnes I haue hervnto put my hand the day and the yeare abou- said
GEO : WEEKES test :
NATHANIEL WALES
The 9th of the 5th moneth 1646
These pesents are to testifie that Mr Nathaniell Duncan of Bos- ton Marchant hath sould vnto Henrie Kibbey of this Towne of Dorchester one p'ele of land lyinge in the feild west from the house Mr makepeace liues in the sayd p'cle of land lyinge betweene the lote belonginge to the Church one the south east sid which lote was M' Tillies and the lot that Petter Aspinell latlie enioyed the sayd percle of land Containes by Estymacon 3 acr 3 quarters more or lesse which sayd lote was belonginge vnto M' James marshall of Exeter in England to haue and to hold the sayd lote p'cle of land vnto the syd Henrie kibbey and his heires for euer as by an obliga- con vnder the hand and seale of the sayd M' Duncan more at large appereth which Bond is in the hands of the hands of the sayd Henrie Kebbey.
Witnes. GEO : WEEKES.
The 7th of the 10th 1646
These p'sents are to testifie that I John Phillips of dorchester haue given graunted bargained and sould vnto william Blake sen" of the same all my great lote within pale being eight accers mor or lesse laying amongst the great lotes and betweene the lotes of Wil- liam Clearke one the north sid and the great lote of Thomas mak- peace one the south to have and hold the same from the date herof for euer. In witnes I haue hervnto set my hand,
the enter lyning was befo signing herof
JOHN PHILLIPES.
witnes GEO : WEEKES.
[406.] The 7th of the 10th 1646.
These p'sents do testifie that I william Blake sen" of Dorchester haue given graunted Bargained and sould vnto John Phillips of the same all my Eight Acker lote leyinge amongst the eight acker lotes beinge 8 ackers be it mor or lesse and lyinge betweene the lotes of
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CITY DOCUMENT NO. 9.
Richard leeds one the East sid which was once the lote of Thomas Millet and the lot of Richard Leeds one the west the south end vppon the meadow of John Phillips and one the north the high way to haue and to hold the same lote to him and his heires for euer.
In witness wherof I haue hervnto set my hand
WILLIAM BLAKE witnes hervnto
GEO : WEEKES
[407.] Dorchester
The 7 men Elected and Chosen the 6th day of the 10th mo : 1647 - John Wiswall Joseph Farnworth Thomas Jones William Sumner William Blake George Weekes
William Clarke
The day abouesaid beinge a day appoynted for a Generall towne meettinge there was given and graunted vnto Edward Clappe a Certaine p'cle of meadow lyinge to the Eastward of Powwow pornt in the great necke beinge all the rest of the salt marsh there not in lote and adioyninge vnto two ackers of meadow of William Blake and p'tlie at the end of the lote of the sayd Edward Clappe Con- tayning by Estimation one acre be it more or lesse.
Sup'vissors of the highwayes Chosen the ) same day are
John Pearse and
Richard Leeds
Raters then Chosen ar Nycholas Clapp Richard Baker
sup'vissors for the necke of land wayes
then Chosen M' Howard and Geo : Procter
Memorand. that it is agreed by the towne at that meettinge that september shalbe put in for one of the tymes of the 7 mens sittinge in steed of October viz the 2ª second day therof at the time The Eleventh of the Eleventh month John Kinsley was Chosen bayleife of the Towne
the 11th of 12th mon : 1647. An order Concerninge fence.
It is Ordered that all and euerie p'prieter of the señal Corne feilds in this Towne shall make vpp there fences suffitientley by the tenthi day of the first moneth next and whosoen within this towne that is a p'prieter to any of the sayd feilds shalbe negligent to make vp and repayre his fence in that feild or feilds whereof he is a D'prieter by the sayd day shall forfeit for his neglect therein two shillings for enrie rode that he shalbe found defectine and soe for a greater or lesser p'porcon accordinge to that forfiture, and we doe alsoe order and appoynt some of the p'prietors of each feild to veiwe and ousee the sayd fence of that feild vnto which he is appoynted to veiwe and ousee the same who shall diligentlie attend there sayd worke once everie moneth at farthest and oftener if they shalbe thervnto required and if it soe fall out that there be any
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DORCHESTER TOWN RECORDS.
p'portion of fence which none of the p'prietors will owne that then it shalbe in the powre of the sayd ouseers to Call the p'prietors togethers speedily that they may agree together about the settlinge of the sayd fence one him or them that ought to maintaine the same but if it soe fall out that it Cannot be found who ought to maintaine and make vpp the same fence then we order that it shalbe in the powre of the sayd ouseers to lay it p'portionablie one everie man for the p'vention of Damadge for this yeare And who- soeu shall refuse the determynacon of the sayd Ouseers and shall neglect to make vpp that portion [408.] of fence that is soe layd vppon them shall forfeit for their neglect hearin two shillings p' rode and soe consequentlie for a greater or a lesser p'portion as aboue sayd, and if the sayd veiwers and Ou'seers shalbe negligent hearin they shall forfeit for eurie neglect of thers two shillings all which sayd forfeitures to be levied by distresse. And wee further order that the sayd veiwers and Querseers ouer Euerye feild shall within six dayes after there sayd tymes of veiwing there seuall feilds returne vnto the select men of this towne what defects they find that soe they may be made to pay there said forfeitures who doe neglect to maintaine there sayd fences.
The ouscers appoynted are these followinge Augustine Clements Jonas Humphrye and nycholas Clapp of the great lotes and the lands therevnto adioyninge
Mr Howard and Henrie Kibbey of the hill feild betweene Mr. Jones and Mr Blakes
Wm Lane and John Butler of the feild by Joseph Farworths Hopestill Foster and Goodman Dyer of the feild behind there houses.
Richard Leeds and Richard withington of the feild betweene them
Tho : Andrewes and Thº : Bird of ther feilde M' Patten and Rich- ard Baker of Twentie Aker lotes
An Order for removinge of all Cattle out of all Corne feilds
It is ordered that all kind of Cattle horses mares Colts and all swine shalbe removed out of all Corne feilds in the sayd towne at or before the tenth day of the first moneth next.
The 21th of the 2ª moneth 1648
It is further ordered and accordinglie puplished that the penaltie of twelue pence p' head shalbe levied by distresse of all that shall suffer ther Cattle to goe in any Corne feilds from the sayd day vntill all Indian Corne be gathered and into house.
It is Ordered that noe p'son or p'sons shall at any tyme or tymes fill or make sale of any timber or wood vppon the Commons of Dorchester to make sale of or to Carrie out of the sayd towne vnto other places vppon forfeit of five shillings for euerie load soe filled and Carried out of this plantacon
Neither shall any that is not a Commoner in this towne fill or Carrie any from the Commons of the same to sell to any vppon the like penalties of five shillings for euerie load soe filled and Carried.
[409.] An order about swine.
It is Ordered that all hoggs or swine that shall goe abroad in
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CITY DOCUMENT NO. 9.
any p't of this towne out of mens p'ticuler inclosure shalbe suf- fitientlie yoked with stronge yokes viz the sword of the sayd yokes to be for swine of a yeare old and vpwards at least two foot longe and to be good and stronge and the shuttles or bowes that doe goe through the same to stand vpright aboue it at least six ynches and all swine of aboue halfe a yeare old vnto a yeare old the swords of there yokes to be one foot and halfe longe at the least and there shuttles and bowes to be six ynches high as before and they are to Contynue there swine soe yoked as before vntill after Indian harvest next And wee also order that all vnder halfe a yeare old shall not be suffered to goe abroad because generally such litle piggs doe most spoyle in Corne. And we also doe order that all hogges swine and piggs shall not be suffered to goe abroad at any tyme not beinge suffitientlie ringged and we Judge it to be suffitient ringginge of hoggs &c when there ringes will not suffer them to turne and muzzell vpp the ground. And whosoeu shall suffer his her or there hoggs swine or litle piggs to goe abroad vnyoked or vnringged Contrarie to this our order shall forfeit for euerie such hogge or pigge soe found foure pence to be levied by distresse And we order that if any Inhabitant within this Towne shall see any such hogge swine or pigge goe abroad Contrarie to this our order it shalbe suffitient to goe and acquaint the owner of the sayd swine with it and the Owner of the sayd swine shall pay vnto him that soe acquaints him with it the sayd penaltie of foure pence p' swine which if he shall refuse to doe it shalbe lawfull to levie the same by distresse and sale of his goods to make payment of the same. And further we order if any such swine hoggs or pigges shalbe taken in any manes Corne or meadow or enclosuer and not being yoked or ringged accordinge to this order they that soe owne them shalbe lyable to pay damages but if the hoggs swine or pigs be yoked or ringged then the owners of the sayd hoggs shall inquire for the fence and whosoeu they be that ownes the same insuffitient fence where the hogges Came in shall pay the damage and we think it the safest and peacablest way when any trespasse is done that the trespasse be veiwed p'sently to avoyd future Evills.
the 13th of the 2ª 1648: An order about stinttinge the Commons.
Whereas the inhabitants of this Twone of Dorchester at a generall meettinge of the twone havinge voted that the Cowe walke within the three divissions should be stinted at Eight akers to a Cowe for this yeare.
It is ordered by the select men that all those that putt any Cowes or heaffers vnto the heard doe give in vnto some of the select men a note in writtinge how many Cowes and heaffers they haue and also what land they put in for at or before the first day of the 3d moneth next vppon penaltie of Two shillinges a peece for there neglect and it is further ordered that if any Cowes be found vppon the Commons or in the heard Contrarie to this Stint they shalbe liable to such penaltie as the select men Judge meete :
[410.] The 11 of the 11th 1647 an order about dogs &c. wheras we find it by sad Experience that great disturbance and
301
DORCHESTER TOWN RECORDS.
distractions and disturbance is often occationed by the frequentinge of doggs &c into the meettinge house from tyme to tyme Especially in the tyme of the publique worshep of god
It is therefore ordered by the seaven men of this towne that henceforth noe doggs Mastifes houndes Curres of any sex of them shalbe suffered to Come to the meettinge house vppon any day that is a day for publique worship of god and - Whatsoeuer p'son or p'sones that shall after the tenth day of the last moneth ensueinge suffer his or her or there sayd doggs &c. to Come to the meettinge house vppon any day of publike worship shall forfeit for the first offence or neglect of theres six pence and for the second offence twelue pence and soe consequentlie to forfeit twelue pence p' tyme for soe many tymes as they shall offend hearein the same to be demaunded of them and if vppon the demaund they shall refuse or neglect to pay then it shalbe lawfull to levie the same by distresse and sale of there goods rendringe to them the ou plusse and the same fines to be bestowed by the select men about the meettinge house at there discretion.
The 24th of the 3d moneth 1648
It was voted by the towne at a generall meettinge of the Towne that the litle woods should be a place at the libertie of those that haue Oxen to rest there oxen there at night when they worke them p'uided they doe not putt them there before six a Clocke in the Eueninge and take them away by six next morninge and the Rockey hill by George Procters and rockes behind brother Clements is assigned in like manner for that vse Provided also those be carefull to p'vent damage thereby by Eateinge vp the Cowes feed.
It was also then voted that what worke was to be done about the makinge of the house for the oxkeep's should be ordered by the select men both for the doinge of it and payinge for it when it is done.
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