USA > Massachusetts > Suffolk County > Dorchester > Fourth report of the Record Commissioners of the city of Boston, 1880 : Dorchester town records > Part 7
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51
DORCHESTER TOWN RECORDS.
vpsterted whyles a former hath beene in hearinge and so much tyme spent and lytle worke don, and moreouer the spirits of som men trobled and offended by reason that thire matters Could not be hearde, it is thearefore ordered by the 7 men that al matters and questions which any man hath to be agitated and Petions to be answered by the Plantation shall first be brought to the 7 men or to som tow or more of them, and by them Consydered and orderly p'sented to the plantation who shal follow the busines, together with the Plantation, without any interruption, by any matters incerted, to the Conclusion and determynation thearcof, except it be vnreasonably refused by the 7 men otherwyse euery person ofending against this order shal forfeyt for the saine syx pence for euery such offenc to be leuyed by distresse for the use of the towne.
It is ordered that if any man haue in his hand any goods of his neybors, borrowed, found, or strayde, aboue the value of 3d wheareof he knoeth not the owner, he shal repaire to the Constable of the towne and giue him information theareof who is also heareby ordered to record the same in a booke kept of porpese, that so who shal haue any such goods missinge may repaire to the Constable to make inquyry who fynding the true owner the Con- stable shal giue order for the restoration theareof, and if it be kept aboue three weekes without such information giuen he shal be Counted an offender, and if the owner be not found he shal forfeyt the same thing vnto the towne p'vyeded it be not aboue the value of 208.
Whearas it hath formerly beene ordered that al laborers and . Teames should abate 3d at the shilling of such wages as they formerly used to take which order [was] onely intended for summer labor. Now for the better vnderstandinge [56.] thearof and equality to be kept. It is ordered that from the 25 day of the first month to the 25 day of the eight month it shal not be lawful for Comon laborers as howers Reapers taylors &c who weare used to take after 28 the day, to take aboue 28ª a day and from the 25 day of the 8 month to the first day of the tenth month 15ª a day and from the sayd first day of the tenth month vnto the first day of the twelfte month twelue pence the day and from the sayd first day of the twelfte month vnto the 15 day of the first month 25 a day and so an abatement to be made for al other laborers and teames also by lyke p'portion in al the sayde months, and that those that doe other mens work at thire owne houses shal abate by lyke p'portion also, and that al men Com in due tyme to thire labor vppon such penalty as the Court vppon inst Complaint made shal be pleased to inflyct.
Dorchester 2 of 3 month 1642. Wee John Holman and John Holland beinge ordered to appoynt the lyinge of the lots granted in the hyest fresh marshe do hearby appoynt them to be layed out on this syde of the Riuer of Naponset towards Dedham, it beinge so intended in the grant of them, and if theare be not enoughe on this syde then it to be layde out on the other syde.
Witnes our hands
John Holland. John Holman.
52
CITY DOCUMENT NO. 9.
It is agreed and bargayned betweene Christopher Gibson and Nicholas Vpsall as foloweth
that the sayd Christopher Gibson shall haue hould and enioy that 3 akers of meddow royninge to the new Creeke and now in his possession, be it more or lesse and for and duringe his natural lyfe and after the decease of the sayd Christopher Gibson then the sayd 3 ackers of medow shall be had held and inioyed by Nicholas Vpsall his heyres or assynes for euer.
and the said Christopher Gibson hathe granted and bargayned with nicholas Vpsal that he the sayd Nicholas Vpsall shall from and after the decease of the sayd christopher Gibson have hould ocupy and enioy that great lot that was granted mathew Grant that was about 3 ackers within the fence of the great lots be it more or lesse, and also six ackers of land, in the neck of land, now in the occupation of the sayd Christopher Gibson and lying next to M' Hawkins lot to him selfe and to his heirs and assygnes for euer.
[Here 4 pages (57-61) are gone (2 leaves).]
[61.] It is ordered the 20th of 3ª mº. 1644 by the maior vote of the Towne that the Raters shall make a Rate of one hundred pounds towards the fortifications of Castle Iland and p'viding powder and shot, and other Implements for the great gunnes to be delivered into the hands of Nathaniel Duncan and Humphrey Atherton Ovseers of the worke who are to bee accoumptable to the Towne of the disposing of that.
Out of the same thirtie two shills : due to James Bourne to be pª.
The 26th. 3 mº. 1644. It was ordered that Mr. John Glou shall haue that vpland and meddow he desireth beeing, and lying to the brooke side at the higher end of the great playne beyond his farme, the sayd Jo : Glouer giuing vpland and meddow for the same to the vse of the Towne either out of his own p'prietie of the 3 divi- sions there, or out of the next land divisible, or elsewhere to the full value therof, according to the Judgement of Nathaniel Dun- can, Thomas Joanes, Willia Sumner, and Hopestill Foster, and Willia Blake or any fower of them.
The 24th of the 7th moneth 1644 at a Towne meeting the 7 men vnderwritten were Chosen to order the Affairs of the Towne till the 1st of the 9th moneth which shalbe in the year 1645 and to haue full power to make orders to bind the Towne as former 7 men haue had except in giuing and disposing of lands, till other instructions bee giuen them by the Towne.
Mr. Glouer Natha. Duncan
Mr. Patton Mr. Atherton
Mr. Haward Mr. Joanes
Tho: Wiswall
this to new recorded in the new towne booke.
John Glouer sould vnto Nicholas Butler the 26th of the 9 mº
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DORCHESTER TOWN RECORDS.
tenne akers of lane lying in the great necke in the further end of his lott togeither with the halfe of the way quantitie, and qualitie Considered lying next the mouth of the neck to haue and to hold to the foresayd Nicho : Butler and to his heirs, for eu and the aforesayd John Glouer doth accknowledge to haue reiceiued satis- faction for the aforesayd 10 akers of land and doth p' thes p'sents for him, his heirs executors and eury of them warrant the sayd land vnto the sayd Nicho : Butler fro all men Clayming by, and vnder him, that hee shall inioy the same peaceably foreu.
Wittnesse his hand JOHN GLOUER
Nathaniel Duncan Senior sould vnto Anthony Gulliver the 15th of the 11th moneth 1644 about 4 akers and half of land on Capt" neck which was belonging to M'. James Marshall of Exeter in old England and was late in the possession of Thomas Trobridge of which about two akers three quarters broken vp the Rest fey ground to haue and to hold to the sayd Antho : Gulliuer and to his heirs foreuer and the sayd Nath : Duncan doth p' these p'sents for him his heirs, executors and euy of them warrant the sayd land vnto the sayd Antho : Gulliuer fro all men Clayming it and that he may inioy that peaceably foreuer.
Witness his hand NATHA : DUNCAN.
[62.] The 6th of the 11th mº 1644. It is ordered that Mr. Joanes, and George Weeks shall see the measuring of the 3ª di- vision of the Cow pasture to make the Rate with the help of the measure and to Collect that, and to haue 28 a day for there paynes the measurer to haue 5s a day the sayd Collectors vpon any mans refusall of payment of his p'te to levie it p' distresse.
It is ordered that there shalbe a veiu taken of the best way for a Ferrey to bee setled to Brayntree, and those p'ts and to p'cure the sayd Ferrey from the Generall Court to the Townes disposall for euer. M. Glouer, Nathaniel Duncan, and Mr. Atherton desired to take the veiu of the sayd Ferrey and to Consult with Braintree and Ingha men, and Waymouth about that which may bee the most Convenient place, and whither one or 2 ferreis, may bee best and to Informe the Towne a moneth before the next G: Court, what they haue done heerein.
It is ordered that John Smith shall haue passede with Cart or Cattle through Edward Brecks meddow at the end of the great lotts fro the beach to his lott which was once Giles Gibbes.
Whereas their haue bene diuers orders made about felling of trees on the Commons It is now ordered that all such orders for- merly made shall bee Repealed except that agaynst felling of trees about the meeting house and the m'ke trees on the bounds, and the trees on the Rockie hill p' M'. Meinots, and Mr. Holmans, Pro- vided also that none shall fell trees in the Commons to sell or Carry out of the Towne for any use on payne of fyue shillings for any tree so felled to be levied p' distresse to the vse of the Towne.
Md. That the 17th Daye of the First mo. 1645 Tho. Clarke
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CITY DOCUMENT NO. 9.
now of Boston sould vnto Tho. Wiswall of Dorchester a p'cell of Land estimated 3 acres and a } be it more or Lesse which Late was p't of William Read his home Lott with one Barne and other thinges mentioned in a deed bearcing date with thes Record.
witnessed by JOHN WISWALL beinge moderator of the 7 men GEO : WEEKES.
[63.] It is agreed at a generall meetinge of the Towne the 26th of the 12 mº 1644 for peace and loues sake that there shalbe a new meeting house built on Mr. Hawards land in the most Con- venient place betwixt Mr. Stoughtons garden and his barne and this agreement to stand firme except any Considerable number of such as are absent fro this meeting shall giue any satisfactory rea- sons vnto the 7 men within 14 dayes for any other alteration of the place.
Upon a generall and lawfull warning of all the Inhabitants the 14th of the 1st moneth 1645 these rules and orders following prsented to to the Towne Concerning the Schoole of Dorchester are Confirmed by the maior p'te of the Inhabitants then prsent.
First It is ordered that three able, and sufficient men of the Plantation shalbe Chosen to bee wardens or ouseers of the Schoole abone mentioned who shall haue the Charge ousight and ordering thereof and of all things Concerneing the same in such manner as is hereafter expressed and shall Continue in their office and place for Terme of their lives respectively, vnlesse by reason of any of them Remouing his habitation out of the Towne, or for any other weightie reason the Inhabitants shall see cause to Elect or Chuse others in their roome in which cases and vpon the death of any of the sayd wardens the Inhabitants shall make a new Election and choice of others.
And Mr. Haward, Deacon Wiswall, Mr. Atherton are elected to bee the first wardens or ouseers.
Secondly, the said Wardens shall have full power to dispose of the Schoole stock whither the same bee in land or otherwyse, both such as is already in beeing and such as may by any good meanes heereafter be added : and shall Collect and Receive the Rents, Issues and p'fitts arising and growing of and from the sayd stock, And the sayd rents Issues and p'tits shall imploy and lay out only for the best behoof, and advantage of the sayd Schoole ; and the furtherance of learning thereby. and shall giue a faythfull and true accoumpt of there receipts and disbursements so often as they shalbee thervuto required by the Inhabitants or the maior p'te of them.
Thirdly the sayd Wardens shall take care, and doe there vtmost and best endeavor that the sayd Schoole may fro tyme to tyme bee supplied with an able and sufficient Schoolemaster who neuthelesse is not to be admitted into the place of Schoolem' without the Generall cosent of the Inhabitants or the maior p'te of them.
Fowertlily so often as the sayd Schoole shalbee supplied with a
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DORCHESTER TOWN RECORDS.
Schoolem" - so p'vided and admitted, as aforesayd the wardens shall fro tyme to tyme pay or cause to be payd vnto the sayd Schoolem" such wages out of the Rents, Issues and p'fitts of the Schoole stocke as shall of right Come due to be payd.
Fiuethly the sayd wardens shall from tyme to tyme see that the Schoole howse bee kept in good, and sufficient repayre, the Chargs of which reparacion shalbe defrayed and payd out of such rents, Issues and p'fitts of the Schoole stock, if there be sufficient, or else of such rents as shall arise and grow in the time of the vacancy of the Schoolem" - if there bee any such and in defect of such vacancy the wardens shall repayre to the 7 men of the Towne for the tyme beeing who shall haue power to taxe the Towne with such some, or sommes as shalbe requisite for for the repayring of the Schoole howse as aforesayd.
[64.] Sixthly the sayd Wardens shall take Care that cuy yeere at or before the end of the 9th moneth their bee brought to the Schoolehowse 12 sufficient Cart, or wayne loads of wood for fewell, to be for the vse of the Schoole master and the Schollers in winter the Cost and Chargs of which sayd wood to bee borne by the Schollers for the tyme beeing who shalbe taxed for the purpose at the discre- tion of the sayd Wardens.
Lastly the sayd Wardens shall take care that the Schoolem" for the tyme beeing doe faythfully p'forme his dutye in his place, as schoolm's ought to doe as well in other things as in these which are hereafter expressed, viz.
First that the Schoolem" shall diligently attend his Schoole and doe his vtmost indeavor for Benefitting his Schollers according to his best discretion without vnnecessaryly absenting himself to the priudice of his schollers, and hindering there learning.
- 2ly that from the begining of the first moneth vntill the end of . the 7th he shall euy day begin to teach at seaven of the Clock in the morning and dismisse his schollers at fyue in the afternoone. And for the other fiue moneths that is from the beginning of the 8th moneth vntill the end of the 12th moth he shall cuy day beginn at 8th of the Clock in the morning and [end] at 4 in the afternoone.
3ly ety day in the yeere the vsuall tyme of dismissing at noone shalbe at 11 and to beginn agayne at one except that
4ly euery second day in the weeke he shall call his schollers togeither betweene 12 and one of the Clock to examin them what they have learned on the saboath day preceding at which tyme also he shall take notice of any misdemeanor or disorder that any of his skollers shall haue Committed on the saboath to the end that at somme convenient tyme due Admonition, and Correction may bee admistred by him according as the nature, and qualitie of the offence shall require at which sayd examination any of the elders or other Inhabitants that please may bee p'sent to behold his relig- ious care herein and to giue there Countenance, and ap'pbation of the same.
gly hee shall equally and impartially receive, and instruct such as shalbe sent and Comitted to him for that end whither their parents bee poore or rich not refusing any who haue Right and Interest in the Schoole.
56
CITY DOCUMENT NO. 9.
Gly such as shalbe Committed to him he shall diligently instruct as they shalbe able to learne both in humane learning, and good litterature, and likewyse in poynt of good manners, and dutifull behauiour towards all specially their sup'iors as they shall haue oca- sion to bee in their prsence whether by meeting them in the streete or otherwyse.
7ly euy 6 day of the weeke at 2 of the Clock in the afternoone hee . shall Chatechise his schollers in the principles of Christian religion, either in soine Chatechism which the Wardens shall p'vide, and p'esent or in defect thereof in some other.
8ly And because all mans indeavors without the blessing of God must needs bee fruitlesse and vnsuccessfull theirfore It is to be a cheif p'te of the schoolem" religious care to Comend his schollers and his labours amongst them vnto God by prayer, morning and cuening, taking Care that his schollers doe reuendly attend during the same.
gly And because the Rodd of Correction is an ordinance of God necessary sometymes to bee dispenced vnto Children but such as may easily be abused by oumuch seuitie and rigour on the one hand, or by ou much indulgence and lenitye on the other It is therefore ordered and agreed that the schoolemaster for the tyme beeing shall haue full power to minister Correction to all or any of his schollers without respect of p'sons according as the nature and qualitie of the offence shall require whereto, all his schollers must bee duely subiect and no parent or other of the Inhabitants shall hinder or goe about to hinder the master therein. Neuthelesse if any parent or others shall think their is just cause of Complaynt agaynst the master for to much seuitye, such shall haue liberty freindly and louingly to expostulate [65.] with the master about the same, and if they shall not attayne to satisfaction the matter is then to bee referred to the wardens who shall imp'tially Judge betwixt the master and such Complaynants. And if it shall appeare to them that any parent shall make causlesse Complayuts agaynst the m'. in this behalf and shall p'sist and Continue so doe- ing in such case the Wardens shall haue power to discharge the m' of the care, and Charge of the Children of such parents. But if the thing Complayned of bee true and that the m'. hane indeed bene guiltie of ministring excessiue Correction, and shall appeare to them to Continue therein, notwithstanding that they haue advised him otherwise, in such case as also in the case of to much lenitye ; or any other great neglect of dutye in his place, p'sisted in It shalbe in the power of the Wardens to call the Inhabitants together to Consider whither it were not meet to discharge the m' of his place that so somme other more desirable may be p'vided
And because it is difficult if not Impossible to give p'ticular rules that shall reach all cases which may fall out, therefore for a Con- clusion It is ordered, and agreed, in Generall, that where p'ticular rules are wanting there It shalbe a p'te of the office and dutye of the Wardens to order and dispose of all things that Concerne the schoole, in such sort as in their wisedom and discretion they shall Judge most Conducible for the glory of God, and the trayning vp of the Children of the Towne in religion, learning and Civilitie.
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DORCHESTER TOWN RECORDS.
and these orders to be Continued till the maior p'te of the Towne shall see cause to alter any p'te thereof.
Upon a generall and lawfull warning of all the inhabitants the .14 of the first mº 1645 the rules and orders aboue written p'sented to the Towne Concerning the schoole of Dorchester are Confirmed p' the maior p'te of the Inhabitants.
Deacon Wiswol - - chosen wardens
Humphrey Atherton-
Mr. Haward - for the schoole.
It is ordered the same day that a rate of 250li shalbe made for the building of a new meeting howse and the Raters Chosen are Edward Breck. Williā Blake. Willia Sumner. Roger Clap. Thomas Wiswol.
The ouseers of the worke in building the meeting howse who are to agree with the workmen Receive the Rates and pay them and to agree with Mr. Haward about the plot of land where the sayd meeting howse must bee sett.
Mr. Glouer. Deacon Wiswol. Natha : Duncon. Deacon Clap. Mr. Haward.
Mr. Atherton.
Mr. Joanes.
[66.] Dec: 17. 1645. Memorand there was given to Edward Brecke (by the hands of most of the inhabitants of this towne) smelt brooke Creeke one the Condicion that he doe sett a mill there.
The 7 men chosen the 2ª day of the 10th month for the yeare following
Mr Gloouer Mr Jones
John Holland Edward Clapp
Edward Breck
Will : Clarke
John Wiswall
Januari 19h 1646. It is agred and voted, that for the Seating of the meeting house in Dorchester, and for the making of the wales warme and Decent within and without, the p'forming of what is requisite for the finishing of the house in such sort as the Seven men shall in there Discreation thinke meet, there shalbe a rate laid vpon the Plantation for the accomplishmt of the same.
Memorand. that 40li is granted to be Levied for the vses a boue said, to be gathered by Distress.
It is granted by the plantation that Jonas Humfrayes shall haue an acre of Land (which was granted him to haue had elsewhere) at Squantums neck and recompenc for a way laid ou his land in the great lotts Containing 45 rodds.
It is granted by the plantation that John Holland shall haue Sattisfactio for a sixe acar lott which hee purchessed of Thomas Rawlins.
Mª that the twentieth daye of the eight mo in the year 1646 Richard Williams of Tanton : in New England Sould vnto Tho
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CITY DOCUMENT NO. 9.
Wiswall of Dorchester in N: E. afforsaid all his Lott and Accom- modations in Dorchester afforsaid with all the priuiledges and Lib- erties therevnto belonging accordinge to their bounds and demes- sions as they are exp'ssed in an Indenture beareinge Date with this Record :
Witnessed By John Wiswall beinge moderator of 7 men GEO: WEEKES.
[67.] [This paragraph on page 67 was crossed out on the original. ]
This should have been Recorded in yeare 1644.
It is orderd accordingly by the select men appointed that John Phillips, Willi. Blake, Edw Brecke, shall Laye out a waye from the Towne of Dorchester vnto the Pynne necke now in the occupatio of John Greennwaye or his Assignes which partyes above named haue done it as it is now Recorded : viz that whereas vpon Record in page 54 it appeares that sattisfactio was giuen vnto John Phillips for a waye from the Comons to Pine necke we find it most conuen- ient that he passe vpon that waye and at the end at John Phillips land to enter vpo Mr. minots and goody Bradford land passinge alonge betweene them two vntil he come to the Lower end of the ffeild vnto the marsh and then to turne vpon the Left hand vpo the vpland vntill he come vnto goody Bradfford marsh and there to have 2 goads broad vnto the bridge and after that also 2 goad broad till vnto the pine necke.
William Blake Edward Brecke John Phillips beinge by the select men of Dorchester ordered to Laye out a waye from the house of John hill in the great Lotts vnto Rob. Pears house on the pyne necke : Doe make their Returne as followes viz that the waye affore- said Runnes vpo a streight Lyne on the north side of the Lot that Late was John Phillips vntill it come to the easte end of the great Lotts and soe it goes on in a streight Line vpo the south side of the Land that Allexander Bradfford vntill it Come to the marsh and then it turnes vpo the said Land by the marsh side vntill it Comes to the meadowe that was the said Alexanders and so to Runne in a streight line vnto the pyne : and all alonge to be a Rod and a halfe broad :
Theise are to testifie to whom it maie Concerne that Jolin Ginjion hathe bought of Anthony Gullifford of Dorchester Foure acres and halfe of Land Lyeinge on Captaines necke in dorchester which the Forsaid Anthony bought of Mr. nathaniel Duncan Late of Dor- chester : for the Consideratio of thirteene *
[68.] the: 8 (3) 48 4 of Roxbury selectmen being with us : vpõ the Former disagreements : : they
[This page seems to be pasted on page 69.]
59
Sec 12 280 28.8 4
DORCHESTER TOWN RECORDS.
DEDHAM TOWNE.
Loueinge neighbors whereas we vnderstand that you haue vn- awares tresspassed vpo a swamp Lyeinge within our bounds con- trarie vnto a cort order and that you wishe it maie not be offensive vnto vs and for that end you p'pose vnto vs that you might giue some neighbourly consideratio for that which is ffallen because it now Lyes vpo spoyle and you haue bestowed some Labour on, theise are to signifie vnto you that we Looke vpo what is Done with as much neighbourly patience as we can and are willinge to correspond with you vpo faire tearmes for which end if you please to beare the chardge of 2 whom we shall send in our steed to consider what you haue Done and to agree with you vpo neighbourly tearmes about it, therefore if you please to appoint the tyme and send ys word at 2 Dayes notice we purpose to attend you in it and in the meane tyme we wishe you to trespasse no further vpo vs and either in Re- moueing any ffallen or ffellinge any more :
so we Rest your Loueinge neighbours in the name and with the consent of the 7 men
Dor : 13 9 48
13 9 48 to p'pose about the Rate of captaine Danfforth.
6 Rod for Richard waye and william Ireland p'pose a plot of Land for Barne recd Demand accompt of 48$ from bro smith :
the Fynes in great Lotts about fence : and breach of order, viz : vnseasonable put in notece
We agree that 9ª p' goad be Demanded : and taken of all that pay willingely but if any put vs to Distrayne they must paye whole and such chardges as arise there about.
Looke to nicholas Butler about 9 cattell vpo great necke contrarie to order : 12ª p. head :
Baliffe to Demand for wm Salsbury of Elder minot : for cattell at pond :
sister george accepts 4$ 6ª of Bro Twichell 13 (9 :) 48 : Reconed with sister George and Due to her 1 - 12-2 : Looke about Deuisio of Squantum the como Land
p'pose Reveiw that 3 Deusions the bounds of them consider the rent of cow walke :
[69.] wheras Captain Atherton Thomas wiswall and Joseph Farnworth were appointed by the select men of dorchester to lay out a towne way by willyam blakes toward the fresh marsh and the three deuissions ; which way Is thus appointed to run from the corner of willyam blakes garden to a stump on the side of stony hill and soe to a tree In the bottom and soe allong to a rock in Mr. Jones lott the way lying on the left hand going in the old way vnto a stony ually and soe to a tree where are 4 stones laid and soe allong unto the body of the fresh marshes leauing the old way on the left hand this way was laid out the 9: of the 10 : month 1650 :
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