USA > Massachusetts > Suffolk County > Dorchester > Fourth report of the Record Commissioners of the city of Boston, 1880 : Dorchester town records > Part 4
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The 9th of May. It is ordered that the Necke of land conteyne- ing by measure about 480 acres shall be from henceforth the p'p inheritance of the prsent inhabitants of the Towne of Dorchester in this manner : every hoame lott that hath a dwelling house there- on or inhabitant incumbant in the Towne ; he or it shall haue one acre to the sayd lott, and other hoame lotts halfe an acre; then the remayner to belong to the same planters by this rule. Three fifts to mens estates owne p'p' as vsnall they have burden ; and 2 fifts to p'sons equally thus Counted. All men with their wiues and Children in the Plantation vnder their p'sent gouerment in famalyes to be Counted ; Provided allowance be made where house and lotts are intire allbeit for p"sent they haue no p'sons incumbant according to the p'portion of such as Lately did inhabite them.
It is ordered that any of the members or housekeep'rs which shal- be Chosen to goe for a souldier and haue a Charge of busenesse to leaue behind him, he may commend the Care of his busenesse to some freind which he shall nominate who if he cannot of himself or p'cure others to doe it at the sames wages that is giuen to the souldiers it shall be lawful for Henery Withington M'. Brankard, Mr. Bates and Nathaniell duncan or any of them to enjoyne any
24
CITY DOCUMENT NO. 9.
who they shall thinke fitt to worke in this k[ind] for the helpe of such as shall need, and if any being so joyned shall refuse to worke he shall pay fiue shill. for such refusall to be leuied by distresse.
It is ordered also that any that haue servants or any other which goe in the servize shall haue the Benefitt of this order.
The 2ª September 1637. These are to testifie to all who that may Concerne that I John Brancher haue sould and giue full possess" - vnto Ambrose Martin my dwelling howse and cow howses ioyning with my hoame lot of about 3 or 4 akers and my great lot of 16 ackers with and without paling. Also [8] ackers of meddow 6 akers of the medow this side of neponset Riu, and 2 akers beyond the riuer Witnes my hand the day abovementioned. JOHN BRA[NKER]
[29.] Septem 10^^ 1637. There is graunted vnto William Hannam that p'te of the swamp lying ou agaynst his howse so farre as Rich : Wades pale hee paying his p'te of the charge with the rest of his neighbours, mayntayning a bridge ou[er] the wat".
The howse of Willmn Hannam with the sayd p'te of his swamp, his hoame lott and great lot, and one aker of meddow hee hath made sales of vnto Jonas Humphries with his Interest in the Comons.
The 10 men assembled whose names are vnder written. Con- cluded of these ord [ers] foll : upon the 8th of November, 1637-
Mr. Glouer Nathaniell Duncan
Edward Clap
Mr. Joanes Roger Clap
Mr. Bates Will. Sumner
Richard Collicot Mr. Homan
It is ordered that Will. Sumner and Good : Hawes shall haue the p'te of the swamp befor their dore and end of their lotts they paring their p'te [of] makeing a sufficient Cart Bridge ouer the water.
It is ordered that Nathaniell Duncan shall Audit the account for Cunstables both for the Country and Plantation.
It is agreed that Mr. Stoughton & Mr. Gloner see the mending of the highway to the mill and to be payd out of the Towne rates.
It is ordered that Mr. Bates and Roger Clap shall make in- quiry what Marsh or medow ground is not yet alotted out.
It is ordered that Will. Sumner see the mending of p'ce of the bridge betweene Roxbury and Dorchester.
Whereas the Widow Purchase had 16 acres graunted amongst the . . acre lotts and at the laying out thereof was alowed 20 acres [the] ouerplus at the hither end is graunted in p'per to Oliuer Purchase.
It is grannted to Thom : Luis to have 6 acres Planting land neere the Mill one Condition he shall keepe Cowes or young Cattle at such Rates as the Tenn men shall agree with him which if he refuse
25
DORCHESTER TOWN RECORDS.
to do he shall yeeld vp such land or house built to the Plantation in paying him what Costs and Charges he shall be by the 10 men adjudged to [been] at.
It is graunted to Henry Maudly about a quarter of an acre of land without the gate Joyneing to the pale neere Good : Munnings [to build] an house with Condition not to sell or let it without the Consent of the 10 men.
It is agreed - By a Generall vote of all the Plantation that there shal be a meeteing house built betweene Mr. Brankers and Mr. . . . it is agreed that a 100 £ shall be levied by a rate for the building of the house.
Mr. Stovghton
Good : Munings
Mr Glouer Mr. Bates
Mr. Butler Nath : Duncan
[other name illegible.]
[30.] It is agreed that Mr. Mathers shall have his 100 acres layd out over the Water next Mr. Holmans and Richard Collicots.
It is ordered that Mr. Holman and Mr. Holland make the way by Mr. Glouers -- of land at the end of the 6 acre lotts before his owne and Mr. Rich : lọt.
It is ordered that Andrew Pitcher shall haue the 3 acres makeing and maynetayneing a pale from the end of the sayd 6 acre lotts to Good. Whiteman's medow.
Whereas by order of Generall Court it is left to euery Plantation to make such order as in their discretion they shall think fitt for p"venting trespasses by swine on pennalty of the Plantations neglect of makeing or not executeing such order to pay all such Trespasses a's shall be made p' swine. It is therefore ordered that none shall keepe any swine to let them runne in the Commons without suffi- cient yoakes and Ryngs within one miles of any Corne feild one payne of 5$ for every hog or pigg taken and impound p' any p'son which is not so yoaked and ringed, besides the Trespasses made by any such hoggs to pay doble damage, the damage to be Judged p' any of the neighbors such penalty and damage to be leuied p' distresse and this order to take effect the first of ffebriary next.
By a meeting of 20 men ' Chosen to order all the affayres of the Plantation
The 2d of January 1637. It is ordered that Mr. Gilbert shall have 16 acres of upland neere his medow ouer the water to be layd out by Mr. Glover, Mr. Holman, Rich : Collicott, Goodman Greenway and this in lieue of 12 acres due vnto him at squantum necke and in liew of any right he may demaund for the Calves Pasture.
Prouided that he fell noe Timber within the sayd 16 acres vnlesse for his owne vse vntill the meeteing house be built.
It is ordered that Mr. Joanes, Jos : fflood, Barnard Gapin,
1 Mr. Stoughton, Mr. Glouer, Mr. Holman, Nath : Duncan, Will, Gaylor, Mr. Parker, John Pierce, Mr. Holland, George Dyer, Rich : Colicot, mr. incinot, mr. with- ington, John Pope, Will Sumner, John Moore, Mr. Bates, John Grinway, Roge: Clap. Ed : Clap.
26
CITY DOCUMENT NO. 9.
Will : Blake Christouer Gibson, Jo : Phillips shall haue confirmed to them the ground Joyneing to there hoame lotts to the other pale alowing 3 goad for a highway. Prouided that none in this graunt come below the bridge towards Goodman Vpsalls.
It is ordered that Mr. Gilbert shall have the Court where Mr. Wolcot put his hay confirmed to his house.
It is ordered that Christouer Gibson shall have 4 akers of medow at the North East and Joyneing next to Mr. Hawkinses. -
Jo : Kinsly is limited for his Marsh in the necke next Good : Gaylors which was sould him by Aron Cooke to haue only 4 akers.
It is ordered that no p'son whatsoeuer shall fell any Trees within the Commons of Dorchester for any vse to make sayles of without the Plantation one payne of losse of their labour and 5% to be leuied by distresse for euery tree so felled.
It is ordered that Austin Clement is to have one aker of land joyneing to his hoame lot to be layd out in convenient place not to hinder Mr. Hawkins p'prty.
It is ordered that Nicholas Vpsall and Will Rockewell are to take what is theirs where their 8 akers was granted and none elce- where and that equally betwixt them.
John Moore is to have in lieu of Calves Pasture 1 acre and halfe beyond wards to comons for a yeere . C Gibs. and Jo. Pierce take out.
1 [32.] It is ordered that Goodman Greenway shall possesse only 4 akers of Marsh ground adjoyneing to the pine necke one which end of the necke he will.
It is ordered Good. Greenway shall haue all the vpland one the pine necke for his great lott except 4 acres belonging to Good : Binham and six Acres bought of Moses Mavericke.
It is ordered that Edmond Munnings shall haue that p'te of land joyneing to his house in lue of Calves Pasture : alowing 4 Goad for a high way to the necke to be layd out By Good : Gay- lor, Mr. Glouer, Mr. Bates, and John Poape.
It is ordered that Mr. Tilly shall have 4 akers of vpland ouer agaynst Mr. Holland and 2 akers of Marsh if so much there ad- joyneing out of p'priety and this without consideration of Commons or Challenge of any Cartway through the great lotts, and not to turne out swyne or cattle out of his owne land but one his own p'll in reguard of Corne feilds that lye vnpaled.
It is ordered that Mr. Makepeace shall have 4 akers of Marsh joyneing to his land bought of John Leuit at M' Ludlowes necke to be layd out by Mr. Bates and Mr. Holland.
It is ordered that Richard Collicot shall have 2 akers of land beyond his house joyneing to the pales of the great lotts beyound the path and Mr. Hohnan to have 2 akers more following him and Mr. Richards to haue 2 akers more there if so much within the highway, or elce to haue 2 akers next his house p'vided the wood be left for comons I yeere except some Trees for shadow. Christo : Gibson, Goo : Pierce, to lay out the 6 akers.
It is ordered that Mr. Holland and Robert Elwell shall have that
Fage 31 of the original is a map of very primitive construction of which we give a facsmile on page 322 of this volume. - W. H. W.
27
DORCHESTER TOWN RECORDS.
slip of upland and marsh lyeing from the further Corner of M' Richards lott to their houses leauing a free passige for Carts, or any other Carriadges that way.
It is ordered that Mr. Holland haue all the rest of the marsh joyneing to the pyne necke after 4 akers graunted to Good : Green- way and one aker more to be reserued to the disposall of the Plan- tation. M. Glouer and Good : Gaylor to lay it out.
It is ordered that Mr. Joanes have 2 akers of Marsh joyneing to his other Marsh p' the Trees towards fox poynt.
It is ordered that Good. Gapin shall hauve 2 akers more there- abouts.
It is ordered that Mr. Bates shall have 6 acres of Marsh one the necke next Jo : Kinsly, in lieue of 2 akers due to him in the Calves Pasture and other akers taken from his p'dicessours.
It is agreed If George Way or his agent doe proue a legall = graunt from the inhabitants of this Towne of a great lott for him Come or not Come and the quantity and according to the euidence we shall yeeld full satisfaction according to or power.
It is ordered that ,John Whipple shall haue 8 akers of land graunted him in full of all allotments to be layd out by Mr. Stough- ton and Mr. Glouer about the mill as may be least pejuditiall to the plantation, this graunt being in reguard of a former p'mise vpon record.
It is ordered that from hence forwards noe house within the great lotts from the higher pale to the sea and the Riuer of Napon- set shall be p'mitted to keepe any swine or Cattle without their owne fence to indamage other mens corne feilds one payne of paying doble [33.] Dammages for any Trespasses made by such swyne or cattle, to be levyed by distresse.
It is ordered that the p'tyes vnderwritten shall haue each of them satisfaction in lieu of the calues Pasture from the Burying place towards John Phillips.
Mr. Trobrige 1 aker. Mrs. Tillie 1 aker
Good. Kimerly 1 aker.
John Phillips an aker neere his house
Mr. Blake one aker.
Good Wade one aker putting in his pale at the Corner of his lott for Bettering the highway.
Good : Tomkines 1 aker. Goo : White 1 aker
Good : Hawes 1 aker
Good : Humphries 1 aker. Willia[m] Sumner 1 aker
Good : Mede to haue one aker joyneing to Mr. Bates pale to goe 3 Goad from the pale the rest aboue mentioned not limited all redy to be layd out p' Mr. Glouer, Good. Gaylor and Good : Dyer.
It is ordered that the Widow Smed shall haue 2 akers below the burying place viz : j aker in lieu of the Calues Pasture the other in lieu of meddow.
Also Oliuer Purchase to haue one aker their in reguard of some p'mise formerly made and 1 aker for Mr. Oliuer in lieu of the Calues pasture to be also layd out p. Good. Gaylor. and Good. Dyar, to leaue 4 Goades for the high way from the burying place
28
CITY DOCUMENT NO. 9.
to Good : Wade, and 3 goad the other way from John Hills vp to the wood.
It is ordered that the p'tyes vnderwritten shall haue their por- tions in satisfaction of the Calues pasture in the Marsh beyound the Trees ouer agaynst the fox poynt.
Thom : Demock 2 akers
Thom : Lumbert 2 akers these had so much formerly
Joseph Farenworth 2 akers graunted.
Thom : Wiswall to haue 2 akers towards fox poynt.
Joseph Flood to haue 2 akers there.
Mr. Martin 3 acres
Thom : Millet 2 acres there.
It is ordered that Mr. Trobridge have 2 acres of Marsh in Mr. Ludlowes necke where its out of p'priety.
It is ordered that Robert Elwell shall haue two acres of Marsh at Mr. Ludlow [es ] necke.
Mr. Blake to haue 2 akers of Marsh at Mr. Ludlowes necke Good : Procter, 1 acre and halfe at Mr. Ludiowes necke.
John Pierce 2 akers there next Good : Gibsons.
It is ordered that John Binham shall have 2 akers there.
It is ordered that Robert Looke shall have 2 akers there.
It is ordered that Mr. Biggs shall have 1 acre of Marsh in lue of Calues Pasture neere her owne at the necke.
It is ordered that Mr. Billingham shall haue one acre of Marsh in lue of Calues Pasture joyneing to his owne at the necke.
It is ordered that the Widow foster shall haue one aker of Marsh in lue of Calues Pasture next Mr. Bates at the neck.
It is ordered that George Weekes shall have one acre in lieu of Calues Pasture ioyning to the side of his meddow.
It is ordered that Mr. Butlar is to haue a knap of land ouer agaynst his house to be set out p' Roger Clap and Edw : Clap so as is not prjuditial to the neighbors or the high way.
[34.] Nicholas Clap to haue a slip of marsh lyeing by the pyne necke joyneing to his about an acre or 2 to be layd out by Will. Sumr.
It is ordered that John Hill shall haue one acre from the little necke towards the old harbor.
It is ordered that Good : Lane shall have one acre there.
It is ordered that Will. Somner shall haue 3 acres neere Good. Munnings by the pyne necke.
It is ordered that Mr. Hathornes house shall haue 2 acres there.
It is ordered that Thom : Swift shall haue 1 acre there.
It is ordered that Anthony Newton shall haue 3 akers of Vpland behind Mr. Bates lott if so much there ; but not to build any house there to the p'judice of the great lotts.
It is ordered that Good : Oldrich shall haue one aker of upland to build a house amongst others abone the burying place.
It is ordered that Good : Gapin shall baue about halfe an acre of land joyneing to his lotte if it be not p'juditiall on vew of John Phillips and Clnisto. Gibson.
It is ordered that Thom : Swift shall haue one acre in lue of Calues pasture negre the markt tree.
29
DORCHESTER TOWN RECORDS.
It is ordered that Roger Clap haue about halfe an acre joyneing to the medow at Po.1 poynt in lew of calues pasture for Mr. Wicth- feilds house.
It is ordered that Mr. Blake, John Hull, Thom : Millett shall haue each of them 8 acres of planting ground in full of there great lotts at the side of the six acre lotts towards the mill.
It is ordered that Mr. Blake and John Hull shall leaue those or the other p'ts of their great lotts in Commons as long as the out- side of the great lotts are left in commons.
It is ordered that Robert Elwell, Brey Wilkeins, Henery Way, James Priest shall haue allotments at Mannings Moone.
It is ordered that Thom. Tilestone and John Smith shall haue an acre and halfe of Upland equally devided betweene them layd out by Good : Gibson, John Pierce one the Rocky Hill betwixt Good : Meinots and Good : Procters to build houses on.
It is ordered that John Poape haue an acre of land behind Good : Sampford to one veud by Goo : Gaylor and Good : Dyer.
It is ordered that he haue more 2 akers of meddow p' Goo : Munnings.
It is ordered that Thomas Joanes shall haue } an acre of land added to the acre and } formerly graunted him.
It is ordered that all the land in common within Dorchester one both sides the Riuer Naponset shall be deuided according to the rule alredy agreed vpon for deuideing the necke all convenient watering places to be left common2 and this diuision to be accord- ing to states and p'sons as it stands now 16 January the tyme of the making this order. The 20 men to Judge of Circumstances in setting downe mens estates.
March 18th. It is ordered that all the hoame lotts and great lotts shalbe sufficiently fenced agaynst swine and great cattle p' the 25th of this moneth. on payne of thre shillings for euy goad found defectiue, to be leuied p'distresse, besides damnedg.
[35.] The Proportion which each man is to haue in the necke according to the rule agreed on for deuideing the same as here vnder foll .
The Proportion which each man is to haue of the Cowes Pasture and other land according to the same rule of deuision for euery on this side the Riuer.
akers. quarters. rodes.
akers.
quarters.
rodes.
Mr. Stoughton
26
26
3
20
Mr. Glover
20
1
12
20
12
Mr. Whitman
13
4
. .
13
1
Mr. Bates
8
3
8
3
Mr. Meinot
7
1
20
8
3
Mrs. Newbery
7
1
28
7
1
28
Ed. Munnings
10
3
12
10
3
12
N. Duncan
5
5
3
J. Holman
8
8
Tho : Richards
11
2
20
12
·
1 Powow probably. - W. H. W.
2 The Comons watering places to be restored to the Cow walke. - Marginal note.
30
CITY DOCUMENT NO. 9.
akers. quarters. rodes.
akers.
quarters.
rodes.
Mr. Trobridge
7
1
20
7
1
20
Mr. Hill
7
3
20
8
-
10
Mrs. Biggs
4
2
20
4
3
2
Mrs. Tilly
4
30
4
-
-
-
Mr. Martin
4
. .
. .
6
2
20
Mr. Gilbert
9
20
9
1
28
Mr. Hawkins
8
2
24
11
-
20
Mrs. Knight
2
10
10
3
-
-
10
Mr. Aderton
6
3
30
13
2
-
Mr. Withington
7
2
2
7
3
6
Widow Sined
3
· .
8
3
-
8
Mr. Parker
3
2
30
3
3
12
Thom : Joanes
5
3
30
6
1
10
Alexander Miller
4
20
4
-
20
Andrew Pitcher
1
2
35
1
2
35
Austen Clement
3
1
1
3
1
1
Brey Wilkeins
2
3
32
2
3
32
Henery Way
2
2
12
2
2
12
Chr. Gibson
3
3
32
3
3
32
David Price
2
2
12
2
2
12
Ed : Clap
4
1
12
4
2
32
Ed : Bullocke
3
3
8
2
1
8
Geo : Dyer
4
2
32
4
3
32
Geor : Procter
4
1
5
4
1
4
Geo : Weeks
3
2
36
4
2
10
Tho : Dickerman
3
1
17
3
2
37
Ralf. Tomkins
2
3
37
2
3
37
Rich : Wright
3
1
18
3
1
18
Jonas Humfry
2
3
16
3
1
6
Henery Wright
2
3
4
2
3
26
Joseph Tuchill
3
1
32
3
1
32
John Moore
3
3
37
4
2
37
John Whetcomb
4
3
10
4
3
10
John Smith
2
0
30
2
30
Widd. ffoster
2
30
2
-
30
John Phillips
8
17
8
-
17
Joseph Flood
3
35
3
2
10
John Capen
2
10
2
1
30
*** o Eales
5
2
20
5
2
20
o Nile
2
1
2
2
1
2
* Heydon
4
. .
12
3
1
12
**
3
. .
3
3
1
23
**
Pope
4
. .
18
4
18
o Holland
6
20
6
20
[36.] The rest of the Division of the Neck.
Rest of the Division of other land.
John Hull
4
-
36
4
-
36
John Grinway
4 3
6
4
1
6
·
35
3
-
35
Mr. Butlar
6
2
10
9
30
Mr. Mather
12
66
12
. .
. .
. .
.
akers. quarters. rodes.
akers.
quarters.
rodcs.
Ed : White
3
-
31
DORCHESTER TOWN RECORDS.
akers. quarters. rodes.
akers.
quarters.
rodes
John Kinsly
3
2
10
3
2
10
John Binham
3
2
10
3
2
10
Joseph Pharneworth
5
1
32
5
1
32
Nicho : Clap
3
2
28
4
. .
8
Nicho : Upsall
4
25
4
2
5
Rich : Joanes
5
3
21
5
3
21
Widdow Purchase
1
2
28
1
2
28
Rich : Wade
1
2
39
1
2
39
Roger Clap
4
.
·
. .
4
·
. .
Robert Elwell
2
2
39
2
2
39
Robert Deeble
2
3
22
2
3
20
Richard Collicot
6
3
38
6
3
38
Thom. Lumbert
3
-
35
3
2
10
Thom. Demicke
3
3
4
4
24
Tho. Swift
3
1
12
3
1
12
Tho. Andrews
2
1
30
2
3
10
Tho. Millet
2
3
4
2
3
4
Tho. Hatch
3
1
6
3
1
6
Tho. Tileston
2
3
2
2
3
2
Will. Sumner
5
2
12
5
2
12
Will. Blake
3
2
. .
5
·
. .
Will. Read
3
3
36
3
3
36
Will. Lane
3
2
16
3
2
16
Will. Preston
3
3
8
3
3
8
Mr. Hathornes House
3
3
26
4
. .
30
Will. Gaylor
5
3
12
5
3
12
Tho. Wiswell
5
6
5
·
6
Tho. Kimerly
3
2
4
3
2
4
Tho. Sampford
2
1
24
2
1
24
Benjamin Fen
1
3
26
1
3
26
Good : Topley
2
1
4
2
1
4
Jo : Rigby!
2
2
12
Mr. Hutchisson
3
3
10
3
3
10
Geo. Way
2
2
17
3
1
13
Mr. Witchfeilds House 3
3
20
3
3
20
John Miller
2
20
2
.
2
12
Mathew Sension
3
2
4
2
1
4
Mr. Makepeace
12
2
26
13
6
Richard Hawes
2
3
26
3
1
6
Tho. Tredwell
3
3
26
Robert P
2
3
3
20
3
2
Somms is
538
3
22
·
4
1
.
. .
Bernard Capin
2
. .
12
2
1
22
John Pierce
4
· .
2
4
.
30
Mr. Billingam
3
30
3
Natha : Wales
4
1
March 18. Mr Holman and Richard Colicot to vew the pale of the great lotts and to see the fence be sufficient.
1 Will. Clarke erased and Rigby added in original. - W. H. W.
2 Name very illegible. - W. H. W.
20
32
CITY DOCUMENT NO. 9.
John Pierce, John Hull to vew the pale of the lott where they dwell.
Edmond Munnings, George Dyar to vew the pale next them.
Tommas Wiswell, Will Read to vew the feild next where they dwell.
Will. Sumner, Good. Hawes to vew the feild where they dwell.
Roger Clap, Edward Clap to vew that feild.
Mr. Makepeace, John Phillips, to vew that feild.
[37.] Robert Deeble is chosen Baylif for halfe a yeere or till an other be chosen and it is ordered that he shall levy all fines rates and amercements for the Plantation by impounding the offenders Goods, and then to deteyne them till satisfaction be made and if the owner of the goods shall not make satisfaction within 4 dayes it shall be lawfull for him to sell the goods and to returne the overplus to the p'ty offending and to be alowed 12ª for euery dis- tresse and 2ª for euery impounding of Cow horse or hogg and for euery goate a penny and if the sayd Baylif shall be negligent in dischargeing his office and delay the takeing distresse he shall be loyable to a fyne as shall be thought fit by the 20 men. It shall be lawfull for the sayd Baylif to recover any rates or amercements by way of distresse on any goods.
The 3ª of Aprill 1638. It is ordered that the allotment which was formerly graunted on Mannings Moone shall be 8 akes to James Priest the rest to Robert Elwell in p'te of his great lott.
It is ordered that Henry way shall have 5 akers and Brey wil- keins 9 akers next to Rich. Rocket and Andrew Hollet in lieue of that was graunted them on Mannings Moone.
It is ordered that Will. Barber and John Starcy shall haue that rest of land which is left between Anthony Newton and Mr. Bates.
It is ordered that for this yeere only the oxen, mares, goates, and young Cattle shall be kep[t] at the Necke and noe man to keepe any Cowes there one payne of Tenn shill. for euery Cow so kept there contrary to this order.
It is ordered that John Smith and Joseph Wilson shall keepe all the Cowes this yeere in the ordinary Cow Pasture and to keepe them from the 15th of this p'sent month till the first of Nouember next, the sayd keepers to blow their horne in the morning at JJoseph Pharneworths and so along the Towne till he come to Mr. Minotts and cuery man on the north side of Towne to bring their Cowes before the meeteing house the rest to bring their Cowes be yound M'. Stoughtons dore or elee the keep' to drive away the heard not to stay for the rest. The sayd keep's to haue for the hier 5 shillings a Cow and to hane their payment one Third at first putting forth another Third at halfe the Tyme, the rest at the end of the Tyme.
Provided that all which put in cowes to keepe and shall take them away agayne befor halfe the Tyme shall pay for halfe the Tyme if they take them away afore halfe the Tyme they must pay for the whole. If the heardsmen shall not drive away the cattle at the Tyme appoynted it shall be lawfull for any man to take away his Cattle only paying for the Tyme they have beene kept.
33
DORCHESTER TOWN RECORDS.
Where as the pennalty for swyne goeing vn soaked and vn- ringed was in a former order 58 a swine It is now ordered that the pennalty shall be but 2 shilling and that the Baylif haue one halfe of the fine for his paynes in takeing up such hoggs and the Towne the rest to be leuied by distresse according to the former order. If any other shall pound swine such p'tye to have halfe the fine.
The 23. Aprill. 1638. It is ordered that noe goates shall goc one the Commons or highwayes neere Corne feilds without a keep' but to be impounded and pay doble dammage.
It is ordered that Mr. Aderton, Mr. Bates, Good. Munnings and Roger Clap shall stake out away to the necke of fower goad broad and dirrectly as may be and to see the mending of the sayd way where it is defectiue and to be payd by that rest of Monyes in Constables hands and what is wanting to be payd by an other rate to be made one euery one that hath land on the necke accord- ing to his p'portion.
[38.] It is ordered that Roger Clap, or whome it Concernes shall haue a high way to the medow by Thomas Andrews.
It is ordered that Mr. Minot shall haue a little swamp lyeing neere his house about 12 Rodd, from his garden pale along towards Good : Upshalls pale.
It is ordered that whereas 2 akers of Marsh was graunted to John Bingham and Bought by John Pierce. shall be layed out on this side Mr. Hawkins 10 goad broad towards the sea so that it be not prjuditiall to other mens lotts.
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