USA > Massachusetts > Suffolk County > Dorchester > Fourth report of the Record Commissioners of the city of Boston, 1880 : Dorchester town records > Part 5
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It is ordered that Nath : Duncan shall have 3 akers of land in euery diuision of about 500 akers wthin the plantation, except the division of the necke and this in lieu of his great lot haueing none formerly graunted him, and besides his former divisions accord- ing to p'portion with others.
It is ordered that Good : Greenway shall have leaue to set out his pale next his garden a goad farth" in the Commons according to a former graunt.
It is ordered that Mr. Withington shall haue adjoyned to his house that was Mr. Sensions the swamp abone and the swamp be- neath the house for which he p'omiseth to leaue out the springs for watering Cattle the Wynter tyme and to leaue the Water with out side.
Whereas Mr. Holman and Rich : Collicot were appoynted to see the pales of the great lotts sufficiently fenced. It is now farther ordered that they shall p'cure what is sufficiently fenced and to be payd out of their penaltyes to be leuied by the Baylif according to the former order
Mr. Stoughton to furnish 1 bull.
Mr. Minot 1 bull.
Good. Munnings 1 bull.
Mr. Hill 1 bull.
It is ordered that euery one that hath his cowes serned p' those bulls shall pay 12ª for euery Cow.
It is ordered that the land for Clea pitts which John Binham had
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CITY DOCUMENT NO. 9.
vse for makeing bricke shall still lye in Common for the use of the plantation and that there be loose rayles left for the Comming to the pitts. Mr. Glouer, Chr : Gibson, John Moore, John Pierce to see it layd out and dirrect where the rayles are to be left loose .-
It is also ordered that the p'tyes aboue sayd for the laying out of a sufficient high way joyneing to the Creeke for landing hay and other goods and that they appoynt Goo : Starcy to put in his pale where he hath put it too far out on the high way.
It is ordered that the land in Common vnder no former graunt, last giuen by the Court beyound the lyne from Roxbury bounds to the blew hill as it was lately rann shall be disposed as foll. Euery free man at p'sent intresseed in a hoame lot, and in the former diuident shall haue his p'priety and dinident in the new graunt according to the former rates and diuident: And in this dinident all that are not freemen that had in the former diuision a p'priety are there excluded and It is ordered that the same p'por- tions answerable to the former shall be sequestred and not entrenched vpon by any p'son but remaynes for the freemens power to giue to the sayd houses and inhabitants in them what quantity the freemen shall Judge fit and when and where or to any other freemen as may be. It being intended. that the medow shall be devided by it selfe and the vpland by it selfe. This Comp'hend- ing all to Plimouth bounds. It was further ordered the one Third of the former land sequestered, shall be cast into the division of the p'sent freemen who by the former rule are in the division to receaue each man his p'portion according to the sayd former Rule and division.
[39.] .Mr. Hill marchant of Dorchester hath sould vnto Edward Bricke of the same Towne and to his heires for euer the p'cells foll. viz. All his hoame lot at the Necke, called or known by the name of M'. Ludlowes necke being 4 acres more or lesse lyeing betweene the lott of Mr. Nathaniell Duncan on the East, and Mr. James Mar- shalls one the West, together with a p'cell off ground lyeing next vnto Squantom's necke, being a hill valued Nine acres, but taken and accepted by me William Hill for Twelue acres and Elenen acres of medow vizt : Six acres on the one side of the sayd vpland which was alotted vnto him and fine acres on the other side which sometimes was alotted to Thomas Marshfeild also one acre of land or there about at the end of Mr. Withingtons lott, together with the house ypon it with fiue acres of stinted Commons at the great Necke and 8 acres and 10 goads in the Cow Pasture and so on to enery five hundred acres according to the Towne booke. Together with all his comon and priualages in all the land beyound Na- ponset River, which is 8 acres 10 goad upon euery diuision and also his p'te of the land lately granted by the Court vnto the sayd Towne according vnto the same p'portion as belongs to him as a free man to his p'sons and state according to the order of the Towne booke, and acruing to his sayd hoame lott.
This sale made The 20th of July 1638.
More Thomas Tredwell of Ipswich Sould vnto Edward Bricke of Dorchester all that honse and 2 acres of, land standing and being one the end of that lott next to the sea that was Mr. Theophilus
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DORCHESTER TOWN RECORDS.
willsons with it importinances and Also a p'cell of land being a hoame lott that was Thomas ffords next adjoyneing the ends of the great lotts one the one side and one the necke which was some- times Mr. Ludlows Necke one the other side beind the first lot one that necke from the footes of the great lotts and also that medow of the breadth of the sayd lot which runs towards the New ditch towards the sea and also that great lot. Among the great lot[s] conteyneing about 16 acres of land lyeing betweene Goodman Twitchills lott on the one side and Mr. Parker one the other side which was once Jonathan Gilletes and also 4 acres of salt marsh neere to fox poynt which was to bee next the 6 akers graunted Mr. Meinot with all the app"tinances to be held p' ther sayd Edward Brick to him and his heirs foreu which sale was made the 20th June 1638.
1137104
October the 30th 1638. At a Generall meeteing at Mr. Stough- tons there was Chosen 10 men for the ordering the affayres of the Plantation to continne for six monthes or till others shalbe Chosen whose names are vnder written.
Mr. Glouer
Na : Duncan
Mr. Bates
Mr. Adderton
Will. Sumner
Mr. Joanes
Nicholas Vpsall
Ch : Gibson
John Gapin
Jo : Philips
At the same tyme there were Chosen Rates for the next yeere. Mr. Bates. Barnabee ffour
Roger Clap Ch : Gibson.
John Gapin
It was ordered that a Towne Rate should be made by them for 35 pounds.
November 14. At a Generall meeteing It is ordered that the Towne Rate for 35 pounds formerly agreed vpon shall be augmented to 40 pounds and the sayd Rate speedyly to be made by the Raters and collected by the Cunstables.
It is ordered that Na : Duncan and Mr. Aderton shall audit the accountes of the Cunstables and receive from them all the monyes by them collected to dispose of for the Townes vse and to giue account what they have done therein vnto the 10 men for the Tyme being at the end of the yeare when others shall be Chosen in their place.
[40.] It is further ordered that the Cunstables shall giue vp their account to the foresayd Auditors within one Month after they haue received the Rate with the monyes by them received in defau't whereof the sayd N. Duncan and Mr Adderton shall haue power to distrayne the Cunstables for their or either of their neglects of not collecting the monyes, or not bringing in the accounts and monyes so collected.
It is ordered that Mr. Adderton shall see the high wayes mended and be payed out of the first monyes received on the Towne Rate.
It is ordered that euery p'son that hath any Cattle shall euery
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CITY DOCUMENT NO. 9.
spring befor he brings them to grasse bring them to a man chosen by the plantation to marke them with the letter D on the hineder buttocke one the neere side and such p'son as shall make such marke to have for his paynes 1ª for euery head this to be done the last weeke in Aprill and whosoeuer shall not haue his Cattle thus marked they shall be subject to be impounded and for euery in- habitant of Dorchester so offending to pay 12ª for euery head.
It is ordered that if any cattle of other Townes shall trespasse on of Commons they shalbe impounded and pay 28 for cuery head halfe for the p'ty that doth impound them the rest to the Benefit of the plantation.
For the better Encouragement of any that shall destroy wolues It is ordered that for euery Wolfe any man shall take within Dor- chester Plantation hee shall haue 208 of the Towne for the first wolfe 15$ for the secound ; and for euery wolfe afterwards 109 be- sides the Countryes pay.
For as much as the want of sufficient fence is a cause of great trouble and discontent in the plantation It is ordered that before the 20th of March euery inhabitant that hath pale either in any Common feild or p'ticular feild or garden shall make either 5 suf- ficient Rayles or wale or pale or ditch, such as may keepe out swine and all sorts of Cattle, and because there is great neglect in vewing of pales and so pale lyeth still insufficient It is farther ordered that 2 men shall be Chosen by the Planters who shall view all the fences and where they find any defect shall forthwith make it sufficient, and shall goe to the p'ty whose fence it is and demaund satisfaction which if any shall refuse to make them good payment to there content It shall be lawfull for the sayd 2 men to dis- trayne any such offenders goods to make themselues satisfaction to the value of 38 a day for each of their labour herein, moreouer because men are redy to say the pale is sufficient.
It is ordered that no pale be taken for sufficient except they be well set and bound and at least 4 foote aboue ground.
It is ordered that Tomsons Iland shall hence forwards be appro- priated for a calues Pasture and none to put any swyne their on penalty of forfiture of such swyne the forfeiture to be taken by any freeman who is to haue one halfe and the other halfe to be to the benefitt of the Plantation.
It is ordered that all Common Corne feilds with all home lotts shall remayne only in Commons to the owner of the sayd feilds. And whosoever in the feild shall make any breach for takeing in their Corne he forth with make it vp or keepe it, or elce be subject to the penalty of pale breakeing according to an ord'
It is ordered that the Rockie hill by Mr. Hawkins formerly put into p'prietie to the neighbours there shall still bee free for any inhabitant to fech stones for building or other use without im- peachment or hinderance of any of the owners of the sayd rock according to the true intent of the first graunt.
[11.] February 5 -1638. It is ordered that Mr. Israel Stoughton shall have all his devisions of vpland above the Cow pasture both in the old and new graunt to be layd to his howse at
37
DORCHESTER TOWN RECORDS.
his farme that in the old graunt to lye next to the lyne as most remote fro the Plantation and next to his house beyond the brooke, Comonly called Mother brooks, and that in the new graunt to lye next to the 100 akers hee hath of Mr. Newberys on the same side of the Riuer the same 100 akers to begin at the lyne, and so all to goe on forwards only to leaue high wayes.
February 13th. It is ordered that Alexander Miller shall haue sixe akers fo his great lott next to the 6 aker lotts.
It is ordered that the Cow pasture and all the land in and about the same shalbe measured out and that is free for any that haue p'prietie there to take that in, and that both the Cow pasture and such p'prietie as doth still lye in Commons shalbe be stinted p' the 10 men.
It is ordered that euy p'son which puts in any Cattle of what kind so eu into the great neck shall giue a note of how many of each sort hee puts in, vnto Roger Clap who shall haue a note of euy mans p'portion which hee is to put in and if any bee found by driuing the neck or otherwise to put in more then his stint shall forfeit twentie shillings for ety Cowe or other Cattle so put in aboue his stint p'portionably, such Cattle to be bee impounded till the money be payd the sayd Roger Clap to haue one quarter p'te of all forfeitures in this kind, the rest to bee for the Benefitt of the Plantation.
It is ordered that Mr. Clarke shall haue libertie to take in fower goads of land next his pale towards the meeting howse which is neere the barne that was lately Mr. Trobridgs the breadth to bee as his pale now stands.
Willia Clarke hath made sales of one aker 1 quarter, and 30 goads of land at the great neck (which he had by agreement fro Mr. Willia Hill after the devision) vnto Christou Gibson.
It is ordered that Willia Sumner shall have fower akers of vpland next to Good : Hull, Mr. Blake and Tho : millet neere the 6 aker lot which was for so much Jo : Binha was to haue to make vp his great lott.
It is ordered that Mr. Butler and Jo: Wiswall are Chosen to looke to the fences of all hoame lotts and to see them sufficient according to a former order for fence.
Edward Bricke and Jo : Holland are Chosen to looke to the pales of the great lotts the 6 aker lotts and the captyne's necke, and to see them sufficient according to the order for. fence.
It is ordered that no inhabitant of Dorchester shall keepe any swyne but within his own p'ptye or vnder a herdsman 2 miles from any Corne feild vnder penalty of Two Shill: for every hogg taken goeing about the Plantation either p' the Baylif or any planter within the Towne contrary to this order : and also any swyne so taken to pay dammige, the dammige to be vewed and Judged by 2 neighbors, and the p'tye that takes any such swyne to impound them or keepe them till the owners of the swyne shall make full satisfaction, if the sayd owners shall refuse to make payment of the sayd forfeiture and dammige within three dayes it shall be lawfull for the p'ty that hath taken vp such hoggs with the helpe of 2
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CITY DOCUMENT NO. 9.
Neighbors to prize and sell one [42.] or more of them to make himself satisfaction, and deliver the rest of the mony to the own" of the hoggs this order to take effect from the first of Aprill next and to Continue till all the Indian Corne be taken in.
It is farther ordered that no swyne shall be kept at the great necke on payne of five shill. to be levyed p' distresse
It is ordered that Good. Deeble shall be baylif for this yeere to execute and haue pay for his labor according to the order of the last yeare.
It is ordered that Jo : Maudsly and Nicholas Wood shall keepe the Cowes for this yeere in the ordinary Cow pasture, and to keepe them from the 15th Day of Aprill next to the first of November next the sayd keepers to blow their horne at fyue of the clocke in the morneing at Joseph Pharneworth and so along the Towne till he come to Mr. Meinots, and every man one the North side of the Towne to bring their Cowes befor the meeteing house the Rest to bring their Cowes beyound Mr. Stoughtons dore or elce the keep's to drive away the heard, and not to stay for the rest - The sayd keepers to haue for their hier fiue shill. viijd for each Cow and for their wages, and the bulls to haue their paymt } at first putting forth another } at halfe the tyme the rest at the end of the tyme. Provided that all that put in Cowes to keepe if they take them away agayne befor halfe the tyme shall for halfe the tyme ; if they take them away after halfe the tyme they must pay for the whole. If. the heardsmen shall not drive away the Cattle within one hower of their first blowing the horne, they shalbe subject to a fyne to be layd on them at the discretion of the 10 men.
Tho : Wiswool is appoynted to marke all the Cattle according to a former order to that purpose.
The great lotts to be stinted 6 akers a Cow, the medow and 8 akers the like, the 20 aker Lotts at 10 akers a Cow.
There was chosen these 7 men vnderwritten for 6 moneths or till other be Chosen to order all the affaires of the plantation, and to haue full power to act and determine any thing for the good of the plantation according to their discretion, except in graunting land.
M. Glouer Mr. Haukins
Mr. Joanes
Jo : Wiswall
M. Duncan Mr. Aderton.
Jo : Pierce
It is ordered that whereas there was 8d a Cow alowed for bull money to be 10ª p' the Cow keepers for this veere who were to pay that to the seu'all men that put in bulls the sayd pay shalbe now augmented to 124 a Cow, and the moneys to be gathered p' the sayd Cow keep'rs forthwith when they receive the first pay for the Cowes the money being Ret they are to pay that in to M'. Aderton for the men who ingage themselves to any of the p'ties that put in buls, the Cove keeps with the money they bring in to Treasure a note of those which Refuse or neglect to pay
Mr. Glouer, Mr. Aderton, Willia Somner, Jo Wiswol are in- structed with the first opportunitie to take a full veiu of the
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DORCHESTER TOWN RECORDS.
* ther pt may be fitt for the plantation [43.] or how that may bee otherwyse vsefull.
It is ordered the 20th of May 1639, that there shalbe a rent of 20li yeerely foreu" imposed vpon Tomsons Iland to bee payd p' euy p'son that hath p'prtie in the said Iland according to the p'por- tion that any such p'son shall fro tyme to tyme inioy and posesse there, and this towards the mayntenance of a schoole in Dorchest" this rent of 20li yeerly to bee payd to such a schoolemaster as shall vndertake to teach english latin and other tongues, and also writing the sayd schoolemaster to bee chosen fro tyme to tyme p' the freemen and that is left to the discretion of the elders and the 7 men for the tyme beeing whether maydes shalbe taught with the boyes or not. For the levying this 201i yeerely fro the p'ticuler p'sons that ought to pay that according to this order. It is farther ordered that somme man shalbe appoynted p' the 7 men for the tyme beeing to Receiue that and on refusall to levye that p' distresse, and not fynd- ing distresse such p'son as so refuseth payment shall forfeit the land he hath in p'prietie in the sayd Island.
Whereas the order for fence last made is found defectiue in regard of the veiuers having but 38. a day for seeing the fence sufficient by which meanes there is no execution of the sayd order. It is therefore farther ordered for the better execution of the former order that theise veiuers vnderwritten are appoynted to each feild to see where they fynd any defect, and to prsent the defect to Mr. Atherton who hath power giuen him to levie p' dis- tresse 28. 6ª. on euy goad where any pale shalbe found defective for the first offence in this kind and whoseu shalbe found defective a second tyme to levie p' distresse 5 [s. ] on each goad. This order to take effect 15th July.
"Jo : wiswoll to veiu the feild next his howse
Roger Clap to veiu the feild next him
Jos : Pharneworth the feild next him
Mr Joanes the feild next him
Willia Somner the feild next him
Mr. Glouer, and Mr. Holman to veiu the great lots 6 aker lotts and Capts. neck
John Hull is to have 1 aker and half of marsh at Mr. Hawkins neck in leiu of Calues pasture.
It is ordered that no man shall mow any grasse on Tomsons Iland on penaltie of 208 for euy dayes mow, and that all that put Calues there shall pay towards the keep's p'portionably to the Calves they put in.
October 31ªh 1639. Willia Barber hath made sales of his howse vnto mathew Smith which he desireth to haue recorded.
Thomas Hatch hath made sales vnto John Phillips of Dorches- ter one great lott with a howse on that 16 akers within and without pale also 6 akers of meddow 4 on this side and 2 akers on the other side Neponset, and all his Comons except that in the neck.
[44.] Henery Kibbie of Dorchest bought his howse and about an aker of Upland on the North side, and about an aker of Upland and meddow on the south side adioyning to his sayd howse of
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CITY DOCUMENT NO. 9.
Nicholas Butler of Dorchester, and also all the Wood growing or that shall grow on the Comons belonging to the who Lott wch was Mr. Parkers according to a deed made p' Nicholas Butler vnto the sayd Kibbie of the 22th day of the 8th moneth 1639 as hereunto is Wittnesse Thomas Joanes.
It is ordered that John Pope shall have 2 akers of marsh towards foxe poynt in lew of some land taken fro him for making the way to the neck.
It is ordered at a Generall meeteing in January that the great Lotts without the pale shall run 8 score Rodds fro the pale into the Woods the one halfe neerest the Towne to be allowed 4 Rood for a hie way the rest of the Lotts to haue noe alowance for a high way
It is ordered that Robert Pierce, shall be a Commoner.
It is ordered that Mr. Waterhouse shall be dispenced with con- cerneing that Clause of the order in the Charge of Twenty pounds yeerly, rent to be payd for Tomsons Iland towards the skoole : where he is bound to teach to write it shalbe left to his liberty in that poynt of teaching to write, only to doe what he can conven- iently therein.
It is ordered that Henery Way, Brey Wilkeins, Richard Leeds shall take their portion in Tomsons Iland and haue also liberty to buy of any others any greater portion to the value of 9 akers to Joyne with their owne at a convenient place for fishing. Pro- vided that they set forward fishing and also doe satisfie the yeerely rent Charge imposed on that Iland towards the mayntanance of a skoole according to the order made to that purpose, and according to the Number of the akers they shall make imployment of. Pro- vided also that they make so sufficient a fence about their Lands so taken into p'priety that they shall make good any dammage that shall come to any mans cattle through the default of such fence.
There is graunted to Robert Deeble 1 akre of Land joyning to his owne hoame lott and next Mr. Addertons towards the dead swamp in leaueing the wood to the Towne.
Mr. Gloner is alowed to take on of his divisions of Land beyond Naponset next his Cowhouse by the fresh marsh.
[45.] It is ordered that the 3 first devisions of land next the mill beyond Naponset riuer shall be devided as one devision to the whole Plantation and put into severall feilds as nightbors shall agree together more or lesse and all the rest of the land there and also on this side the Riner except the Cow pasture when it shall be devided to be put likewise into severall feilds, as night- bors shall agree more or lesse together.
It is ordered that Richard Collicot shall possese the 40 akers of land which he hath taken in beyond the Riuer in p'te of his devis- ions there.
Richard Leids and Jeoffry turner hane the 3 akers 3 quarters and 8 Rodes of Comons which was belonging to Wm. Preston de- vided betwist them in halfe as they purchased that on cach devision.
Richard Leids hath half an aker Comons on cach devision of Comons of that which was John whetcome which hee purchased.
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DORCHESTER TOWN RECORDS.
It is ordered that no p'son what soeuer shall fell any trees within Dorchester [that] is marked for the bounds of any land either in p'priety or Commons on penalty of 20 shilling for every tree so felled to be levied by distresse.
It is ordered that if any inhabitant of Dorchester shall put any hoggs on the great necke, or any mans hoggs be found there they shall be impounded p' the Baylif or any free man and pay 2 shill. for every hogg ther taken to be levied by distresse the sayd penn- alty to be halfe for him that takes vp such hoggs the rest to be for the vse of plantation.
It is ordered that Mr. Joanes shall haue 1 aker of land nere his owne in leiu of an aker which hee bought of Mr. Trobridge which was appoynted him neere the burying place.
It is ordered that those which bring not in their notes to be reg- istred about the transcript of lands before the next court shalbe loyable to any such fyne as shalbe imposed p' the Court for not bringing in the sayd transcript according to order of Court those which haue brought in the [ir] notes to bee free.
It is ordered that Mr. Blake shall haue one aker of land next his eight aker lott in l'eiu of 1 aker was giuen him neere the bury- ing place.
It is ordered that Mr. Glover, Mr. Holman, John Phillips shall lay out the high wayes according to order of court.
It is ordered that the Raters shall make a Rate of 40li for the Paymt of Debts and other things to be done for the good of the Plantation.
It is ordered that Mr. Aderton and John Wiswall shall p'cure wheeles to be made and Carriedge to mount the peeces that are at Mr. Hawkins by the sea and to cause them to be mounted and also the drake at Mr. Stoughtons to be mounted the charge to be payd out of the 40li rate.
[46.] It is ordered that the 30] Rate made last yeere for the measureing the land beyond the Riuer shall be reduced to 15li.
It is ordered that Natha : Duncan, Mr. Aderton shall take acco : of the 4 barreles of powder that were sold and shall take the money and buy as much powder with it as they can p'cure from the first shipps that will sell any.
It is ordered that no man shall fell any trees in the Commons within Dorchester neither for Timber nor wood to make sales of with- out the plantation, nor any Timbr to build houses on penalty of the losse of their labour and 10 shill : for every tree so felled to be levied by distresse.
It is ordered that no p'son that is not a Commoner within Dor- chester shall fell any trees for Timber on pennalty of 5$ for every tree so felled to be leuied by distresse.
It is ordered that Mr. Joanes and Wm. Sommer shall lay out 4 akers of marsh at the neck for Mr. Aderton which was Jo : Kings- leys and 3 akers for Mr. Withington which was mathias Sensions.
It is ordered that Good : Tolmans howse bee appoynted for Re- ceiuing any goods that shalbe brought in whereof the owner is not knowen.
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