USA > Massachusetts > Suffolk County > Dorchester > Fourth report of the Record Commissioners of the city of Boston, 1880 : Dorchester town records > Part 8
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HUMPHRAY ATHERTON. JOSEPH FARNWORTH. THOMAS WISWALL.
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CITY DOCUMENT No. 9.
[71.] Dorchester the 8 of the i mo : 52 It is covenanted and agreed by and betweene the select men of this towne for 3 or 5 yers and Robt Stanton of the same towne : That the said Robt Stanton shall and will from the 8th of the 3 moneth next in- sueing vntill the 8 day of the 8 monetli following keepe all such oxen or steeres or fating cows from yew to Cow for 3 or 5 yers in a heard as shall at their first going forth be delived unto him for that inde, by aney of the inhabitants of the said towne, and none of other townes to be received or kept with them; their walke or place of feeding to be on the further side of the river Norponsit, and aboue or beyound the Cow-walke of dorchester, and not suffered to goe amonge the cowes. and also the said Robt Stanton doth covenant to and with the said select men to goe forth with the said Oxen and steeres halfe an hower by sonne, and bringe them to their appointed place or pen so called about sonne sittinge eny night, that so the owners may have them there if they please to send for them, either in the eveninge, or in the morninge before the said tyme of their goeing forth, and not be dissapointed when they haue vrgent occasions to vse them, and to make the pen sufficient for largnesse of ground that so the Oxen or Steeres may be the lesse injurious or hurtfull one vnto an other, as also suffi- cient in point of fence, and for his faithfullness and care herein he the said Robt Stanton is to haue twoe shillinges a head to be paid at two paymts the one halfe within one month after they be put to him and the other halfe at the end of September followinge. the marke of ROBERT STANTON in the name of the Select HUMPHREY ATHARTON :
Dorchester the 8 of the i mo : 52 It is ordered by the Select men of the sayd towne for this p'sent yeare, as also covenanted and agreed by and betweene them for and in the behalfe of the said towne.
And Steven Hopinges and Nicolas George both of the same towne : That the said Steuen Hopinges and Nicolas George shall and will keepe the cowes and heffers that shalbe Commyted vnto to them this p'sent yeare in the ordinary Cowpaster or Cow walke after the vsuall mann from the 18th day of the second moneth next insueing vntill the 28 of the 8 moneth folliwinge; The said keepers one of them to blowe their horne at or about halfe an hower by sonne in the morneinge at the meetinge howse and so along the towne vntill he com to John Minots, and quy man on the north side of the towne to bringe their cowes before the meet- ing howse within halfe an hour after the horne is their blowed. And that keeper their to take them at the same tyme, the other keeper at or about the same tyme to goe vp to the buring place and take the cowes (and such other Cattell not p'hibited) that are their left for them aney wheare about the Commons betwen Austyn Clemans lote which was M. Makpease, and the said Buringe place, so that both keepers may meete on the rockey hill, or at the gate by John Minots to goe forth with the whole heard and not to stay beyound their appointed tyme of goeing forth viz : one oure
1
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DORCHESTER TOWN. RECORDS.
and the halfe after the sonne Riseing and bring those cowes that belong to the back side of the Towne, agayne to Lawce Smiths barne and if any be lost in the woodes they shall doe their indea- vour to looke them vp.
And for their faithfulnesse and care herein The said Steven Hopinges and Nicolas George is to haue thirtie poundes to bee ['2.] proportioned with the bull money vpon so maney Cattell as are put to heard or goeing vpon the Comons or Cow walke afore- said, one thurd thereof to be paid them at or about the beginninge or first putting forth, an other thurd at halfe the tyme, the re- maynder at the end of the sayd tyme.
HUMPHREY ATHARTON ROBT. HOWARD in the name of the rest of the select men The marke of STEVEN H HOPPINGES The marke of NICHOLAS X JORGE
To all Christian people vnto whome this p'sents shall come greeting Know ye that I Nicholas Butler haue deputed and or- dayned my welbeloved sonne John Butler to be my lawfull Attur- ny and in my stead to by and to sell to take and to pay and to sew at the law to recover Debtes and make discharges and to aet in all lawfull actions in as full and ample mann" as I my selfe cold doe as well in matter of sale of land as in aney thinge else.
Witnesse my hand and seale dated this 15th of the 8 mo : 5i Signed sealed and delited in the p'sents of vs ) NI : BUTLER THOMAS MAYHEW SENIOR PHILLIP TABOR
Entered the 27 of December 165i by Willm Aspinwall Notarius Publ. as also amongst these records p' me.
ROBT. HOWARD Record"
Dorchester this 28 day of the i: mo: 53 It is covenanted and agreed by and betweene the Select men of the said towne for this p'sent yeare for and in the behalfe of the said towne, And Clement Topley and Beniamyn Bates both of Dorchester That the said Clement and Beniamyn shall and will keepe the cowes and heffers that shalbe comitted vnto them this p'sent yeare in the ordinary Cowpastuer or Cow walke after the vsuall mann from the 15 day of the second moneth next insucing vntill the 28 day of the eight moneth following. The said keepers one of them to blow their horne at or before halfe an hower by sonne in the morneing at the meeting howse and so along the town vntill he com to John Minots and euy man on the north side of the towne to bring their cowes before the meeting howse within halfe an hower after the horne is their blowed.
And that keeper there to take them at the same tyme, the other keeper at or abought the same tyme to goe vp to the burying place and take the Cowes and such other cattell not p'hibited that ar their left for them aney wheare abought the Commons betweene
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CITY DOCUMENT NO. 9.
Augustin Clements lote which was Mr. Makpeace and the said buring place so that both keepers may meete on the Rockey hill or at the gat by John Minots to goe forth with the whole heard and not to stay beyound their appointed tyme of goeing forth Videlt one hower and halfe after the sonne riseing. And bring those cowes that belong to the back side of the towne agayne to Lawrance Smith barne. And if aney be lost in the woodes [73.] they shall p'sently goe backe and seeke them and if they cannot find them that night, they shall one of them seek for them the next day and so after vntill they find them p'vided the owner of the cattell put a sufficient man to keep the cow heard while the sayd keeper seeke them. And for their faithfullnesse and care herein The said Clement Toply and Beniamyn Bates - is to haue - thirty poundes to bee p'portioned with the Bull money vpon so maney Cattell as ar put to heard on goeing vpon the Comons or Cowe walke aforesaid, one thurd thereof to be paid them at or abought the begining or first putting forth, on other thurd at halfe the tyme the remaynder at the end of the sayd tyme.
CLEMENT
TOPLIF
BENIEMAN
¿herdsmen.
BATES
ROBERT HOWARD in the name of
the rest of the Select men.
Dorchester the 26 of the second mo: 53. It is covenanted and agreed by and betweene the Select men of this towne for this p'sent yeare and Antoney Newton and Willm Solsbury of the same towne that the said Antoney Newton and Willm Solsbury shall and will from the 9 of the 3 moneth next insueing vntill the 27 or 28 day of 7 moneth following keepe all such oxon or steeres in a heard as shall at their first goeing forth be Deliued vnto them for that inde by any of the inhabitants of the said towne and none of other townes to be received or kept with them without leeve or lysense from the said towne first had and obtayned. Their walke or place of feeding to be on the further side of the river Norponsit and aboue or beyound the Cow walke of Dorchester and not suffered to goe among the Cowes. And also the said Antoney Newton and Willm. Solsbury doth covenant to and with the said Selectmen to goe forth with the said Oxon and Steeres halfe an hower by son, and bring them to their appointed place or pen so called abought sonn sitting euy night, that so the owners may have them their if they please to send for them, either in the eveneing or in the morning before the said tyme of their goeing forth, and not be dissapointed when they have vrgent occa- sion to vse them. And to make the pen sufficient for largnesse of ground that so the Oxon or Steeres may be the lesse iniurious or hurtfull one vnto an other, as also sufficient in point of fence and for their faithfulnesse and care herein they the said Antoney and Willin is to haue twoe shillinges a head to be paid at two paym's the one halfe within one month after they be put to them and the other halfe at the end of the 7 moneth following at som
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DORCHESTER TOWN RECORDS.
convenient place in towne where they doe appoint but if in case they be driven to com for their pay then they are allowed to re- ceive two shillings and two pence a head.
WILLIAM SALSBOR * ROBT HOWARD in the name of the rest of the select men.
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[76.] Dorchester the 30 of the 3 mo. 52: It is voted that Mr. Mather shall haue one hundered pounds allowed vnto him for this p'sent yeare insueinge to be p'portioned by a towne rater and the Decons to ioyne with the raters in p'portioning.
It is voted the day and yeare abouesaid that Captayne Humfery Artherton shall haue a p'cell of ground on the Commons neere John Kinslyes to set a house on for a sop howse.
Upon the 23 of the 9 mo : 53 it was voted by the Fremen of Dor- chester at a publike meeting that Henry Cundlife should gather in by distresse or otherwise divers rates yet vnpaid by seuall p'sons in seuall yeares already past Dve vnto the ministerie according to severall bills to be Deliued vnto him by the Deacons or Select men, and to inable him theirvnto doe by the ensueing warrant vnder theire hand the day abouesaid authorise him.
To Henry Cundlife : you are hereby willed and required to aske and receive of the severall p'sons p'sented to you such sumne or sumes as you shall find them charged withall and vpon their default of paymt vpon Demaund these p'sents shall inable you to distrayne and make sale according vnto order of Court in like causes ; and the sumie or sumes so gathered to deliu vpon accompt vnto the Deacons who shall give you a discharge according to what you deliu vnto them for the vse aboue said ; which receipts vnder their handes shalbe accepted as a true returne theirof, which we will you not to faile vpon your perrill at or before the first of the last mo : 53.
ROBT HOWARD in the name of the Fremen as being by vote willed and required theirvnto.
It is voted the said 28 day of the 9 mo. 53 that our Teacher Mr. Mather shall have a hunderid pounds for this yeare and that the Deacons shall ioyne with the raters now chosen to p'portion eury man according to the rule of proportion.
The said 28 day of the 9 mo. 53 brother John Smith is chosen by a publike vote to repare the meeting howse with groun sells Daubing clabbord and [.] glasse abought the windows and otherwise as he shall thinke fit, vnto which he the said John Smith, being p'sent frely consentid. Test ROBT. HOWARD Record"
This is a postscript entered vnder the aforesaid warrant from the towne vnto Henry Cunlefe Dated the 28 of the 9 mo : 53. as followith
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CITY DOCUMENT NO. 9.
Dorchester the 14 of the 12 mo. 53. Whereas their is a question whether the power of Henry Cunlife bailife. in acting accordinge to the aboue said warrant is not endid. We the said Inhabitants Doe by a publike rate will and requier him the said bailife to goe on in acting according to the said warrant vntill all arrerages be brought in according to the intent of the said warrant.
ROBT HOWARD in the name of the rest of the Fre men as aforesaid.
fft there was given to Bastiane Keane by the Towne a parcell of Land one the Rockey hill from his garden to the Greete Rocke Contayning about 13th rods this 19 of : 7: mo. 1655.
ffl there was giuen by the Towne to Richard Daues 4 feete of Land with out his garden Rayles by the water or bridge by George Procters Close : for the addicon of his shop for his more Con- veniencie this : 22th day of the : 7: mo : 1655.
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[9.] Dorchester the : 12: of 10: mº. 53: Whareas it hath been found by sad experience that much hurt and Damage hath . been done in Corne feilds and one greate cause is Insufitient fence and allso the Generall Courte hauing imposed vppon the Selectmen the Care to make orders for the repairing of fences in the severall townes as in an order of the 30th of Augus 53 : doth appeare : it is therefore ordered by the Selectmen that all fences in p'ticuler and comon corne feilds except farmes of aboue an 100 Acres shalbe suffitiently fence att or before the 25th of March next with Rayles pales or other good suffitient fence which shall be 4 foot high at the Least and so close as Swine cannot get through or as the Veiwers shall Judge And what p'sons in this Towne shall have any Defective Fence after the Day aboue said he shall forfeit 2$ 6ª p' rod besides paying Damage ; and so p'portion- able for a greater or lesser quanty which fence shall be good and sound as the Veiwers shall Judge and if any one shall neglect the repayre of his fence aboue said he shall forfiet for every weeks neglect 24 6ª beside paying Damage after dew notes giuen them by the veiwers : All which said penaltyes to be taken by Dis- trayne or otherwise one thierd part to the Baylife the other to the vse of the Towne.
mad by the Selectmen.
This ahoue written order is to continue in force vntill the towne se cause to repeale it : Dated the 8: 1: 1657 or 1658.
It is ordered by the select men the 12 (1) 1659 : or 1660 : that noe stoone wall shall be Counted sufficient fence volesse ther be a raile put into a Cruch or post put upon the wall.
Whereas an order of Court appoints the Selectmen of every Towne that they should appoint two or more of their Inhabitants to veiw the Fence of every Cornefeild within their Towne.
And they haue further ordered the selectmen to make orders
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DORCHESTER TOWN RECORDS.
for repayreing and mayntaing of sufficient feence to each feild within there Towne :
Wee therefore the Selectmen of Dorchester do order and appoint that you whose names are hereafter expressed to be the severall veiwers of each feild shall carefully veiw all and each mans fence and every parte thereof. And soe that it be according to the order of the Selectmen baring date the 12 day of the 10th mo. 53: And if any mans fence be vnsufficient you are then required forthwith to giue notes to him who shall forth with repayre the same and further you are required who are the severall veiwers of each feild to make returne to the Selectmen or some of them of all such p'sons as are defectiue in ther fences according to the order before expressed one the first day of the 2 mo. next vppon penaltie of 28 6ª for each veiwers neglect.
You are also to veiw the fence once in each month vntell the tenth of the 8 month next and to make return within one week after you haue Giuen notes to the owners of his defect. If it be not repayred within that weeke vppon the penalty before expressed. And further if any p'son shall enforme you or any of you of any defectiue fence att any tyme you shall forthwith goe and veiw it and make returne as aforsaid vppon the penalty aforesaid. This 12th of the 10 m. 53 by the Selectmen for this yeare
This aboue writen order is to continue in force vntill the towne se cause to repeale it.
Dated the 18: 1: 1657 8
1 [Att a meeting of the select men 12 ( 1st) 1665 it is ordered that all defects in fences that are Less then one rodd shall pay 12ª for euery defect, and 12ª p' rodd for all aboue one rodd, and 12d p' weeke for eury weekes defect beside what damages may Arise and it is alsoe ordered thatt all stone wall off foure foot high shall bee accounted sufficient fence without a rayle aboue itt.
this order to bee obserued from the first of aprill till the 10th of october next, for all comon feilds and then to be cleard or run the aduenture of damadg that may arise for this year Insuing or till the select men doe take further order. ]
[SO.] Dorchester this 13th of 12: mo. 53 Forasmuch as Rituousnes amongst men is not only the Comandement of god but the way to Continew Loue and peace amongst men and sad Complaynts being made to vs of vuiust practises of Divers in this Towne who distroy mens Corne and Grasse by puting in or at lest suffring there Cattell to feed one other mens Corne and meadow : for the prevention of which is ordered by the Select men of this Towne as followeth.
1. That every man shall fech or cause to be feched out his owne bease or any that hee hath vnder his charge Whether Sheepe, Ruther Cattell Horses and Swine out of all comon Corne feilds meadow and pasture within this Towne of Dorchester one the first
1 Written in margin of p. 79.
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CITY DOCUMENT NO. 9.
2 day of the 2 mo next and soe from time to time, vppon the penantie of 28 the head for every beaste not feched out one that day : to be payde by the owner of such Beast vppon demande to homesoever shall finde and fett out any such beastes aforesayd and if he that ownes the beast or bestes shall refuse to pay vppon de- mand the Baylife shall take it by distres.
2. That the veiwers of every feild shall not only see the fences to be good according to that order made in the 12 of the 10 mo. 53 but allso that such Gates and fences which ar Comon to the vse of any feild shall be sufficiently made before the day aboue expressed : with gates and if they be not made before the day of Clering feilds, then the veiwers shall forth with make and repayre the same and shall Demand and take of every p'prietor of every such feild one penny for every acker of Broken vp land within that feild and if any refuse to pay as afaresaid the Baylife shall haue warant to take it by distres :
3. If any p'sonn shall Leaue openn any such gate he or his Parents or master if it be a Child shall pay one shilling for every tyme he shall be knowne to leaue it openn : or if any p'sonn shall Lett in any best to any such feild and leaue it there he shall pay as aforesaid 18 for every best lett in or Left there.
4. If any p'sonn shall put in any beast or Leaue any beast Loose in any such feild by night vntell the feild be reid of Corne & haye he shall forfett 58 a beast for every beast so put in or Left Loose there :
5. If any p'sonn Whatsoever shall in Plowing tyme or elce Leave or sefer his or there Cattell to trespas vppon other mens p'prietie in any Comon feild in this Towne he shall forfett for every such offence 18 6ª p' head to the informer to be taken by distres or otherwise besides paying all damage to the man damnified.
6. If any p'soun have any Just occasion to drive any Cattell in any waye through any Como feild he shall not suffer them to feed one mens Corne or grase but shall follow them deligently vppon the penaltie of paying six pence for every beast he suffers to tres- pas besides paying all Damages to the partie trespassed.
These six orders aboue writen are to continue and to be in force vntill the select men se cause to alter them by the order of the select men p' the 11 (3) 1663.
[81.] This 13th of 12 mº 53. Wee the Selectmen of Dor- chester haning hard that there are in som Comon Feilds Fences which are not oned by any of the p'priators and allso other places about some Comon feilds which hath no fence and for want of good fence much hurt and damage doth come thereby : wee willing you would agree of some equall way amongest your selues : Desire that the p'prietors of cach feild home it Consernes : would of them- selues appynt two or more as they shall see meete to veiwe all such
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DORCHESTER TOWN RECORDS.
fences as ar not owned and such places as need new fencing : and would bring in in p'ticaler what some of Rods or footes it is ; with what the Charge will be within Seaven days after they be Chosen : And wee desire that the p'prietors would appynt within them selues some to doe it and for the doing thereof to rayse vppon the erable Land in every such feild so much as shall Defray the Charge in generall by the eacker or other wise as you shall see good for the making of it. Which if you doe not by the first day of the first mounth next then wee the Seelectmen shal doe our best for the preventing of Damage and hurte and make som order and appynt men out of your selues for the doing of it.
Whereas Mr. John Glouer was chosen with William Sumner and William Clarke to Laye out mris Stotons ffarme, now the said Mr. Glouer being deceased this 14th day of the 12 inº 53 att a Towne meeting the Towne hath Chosen John Wiswall in the Rome of Mr. Glouer to aioyne with the said William Sumner and William Clarke for the Doing of that woorke.
This 14th day of 12 mº 53 Joseph Farworth was Chosen by the Towne of Dorchester to be Clarke of the markett for the ordring and sealing of Waits and mesures for this Towne of Dorchester.
[82.] The 13 of 12 m. 53. The names of such as are ap- pynted by the Selectt men of Dorchester to veiw the fence in the Corne feilds for this yeare 1654.
William Clarke
Edward Clapp Imprimus for the neck of Land James Blake Larence Smith Rich Leeds Item the feild one the Backe ( Richard Withington Hugh batten side of Mris Stoughtons - Richard Cortes
Item the Great Lots from Mris Hol-
Nath Glouer
John Smith
John Minott
lands and so Round westward and end so far as Widow Popes Lott John Gurnet Abram How Item for the rest of the fence in [ William Robinsonn
Tho : Trott the Great Lots 1 Robert Pearce
Willyam Clarke Item Twentie eacker Lots
-
James Imphres
Tho : Danforth
James Kenion - Henry Kibbey It. for the Lot behind Mr. ( Mr. Blake
Henry Woodward S Jones, Thomas Lake
Isack Jones ) It for the Lot behind Thomas ( Mr. Jones
Enock wiswall j Wiswall - Joseph Farworth
Georg Dier It for the feild behind Mr. ( John Wiswall
Timothy Mather Nico : Clapp Item. for the feild behind ( Thomas Burd
Thomas Andrews Thomas Burds - John Blackman
Henry Conliffe \ It. for the Eight eaker S Henry Wooddard
Rodger Sumner: Lots William Sumner Jun. Andrew Picher It. for the feild by Elder § Andrew Picher
Kingslys howse - Anthony Gulliford
Anthony gulliford S
Mathers - Ensine Foster
[83.] This 6th of 2 mº 53 or 54. Att a Towne meetine there was Chossen Deconn Wiswall and Ensine ffoster to treate with the
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CITY DOCUMENT NO. 9.
Comete Chosen by the Generall Court to veiwe a plantation att Naticke to knowe whate is meete to be Donn and what there Desire is and so to retorne an answer to the Towne of Dorchester.
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[85.] A copie of a Letter sent to the Generall Court this 12th Day of May 1654.
To the Honored Comite appinted by the Generall Court for the setling of the Indian Plantation att Naticke : The retourne of the Inhabitants of the Towne of Dorchester in answer to a litter pre- sented vnto them by order from the Generall Courte baring date the 13th day of September 1653.
It being Desired of vs that wee would further the Indian woorke att Natick What wee may which is our desire as farre as wee see God in the same and for that end that wee would accomidate Dedham with some Land Convenient for them In case they should supply the Indians att Natick : wee doe with all redines acknowl- edge our selues p'sons and estates and all we haue and are to be the Lords : and hope wee shall therein manifest ourselues When ever hee Call vs : 2ly wee doe with the like redenes acknowledg our selues subiect to this Comonwealth and the Gouerment heare established and therin as instrements in and for God to call sue ors and what we haue in away of god to be Disposed of by them : therefore wee haue attended vnto what was presented vnto vs in that Letter : and adressed ourselues to comply with our Brethren of Dedham for that end choose out two of our beloued Brethren to meete with them and the Comete for that ende who vppon notes attended tyme and place att Roxbury and vnderstanding by them that our Brethren at Roxbury Cann doe litell or nothing toward the accomendation of Dedam in that request In the Letter wee are Willing so fare as wee cann with out to much preiudice to our selues to doe the more for the furtherance of the worke. But the tyme being short sence wee understoode the Case and What may satisfie : and wee meeting with some obstickles in our way to what wee would doe Cannot att Present giue such an answer as wee desire. But if it may not be to prejudicall to the woorke intended wee desire and humbly Craue the patience of this Courte vntell the next sesions which wee conceaue may bee in October hoping by that tyme to be able to answer the honored Court and our Bretherens expectation att Dedham which is the thing wee ayme att or gine : wee hope satisfactory Reasons to the Contrary hoping that wee ourselues In our honest and resonable request shall find Redie acceptance with you in what Lyes in your power to answer vs agayne and so wee humbly take Leaue and rest yours to our power.
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