History of Dedham, Massachusetts, Part 4

Author: Smith, Frank, 1854-
Publication date: 1936
Publisher: Dedham, Mass., Transcript Press
Number of Pages: 1246


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A son's services for several years before his majority were no small part "of the working capital" of the farmer. The hired man who lived on the farm ate with the family; in the center of the dining table was a salt cellar and servants sat below the salt.


In planting time and harvest season a few extra workmen were hired. During the summer the work was hard and the hours long. In winter after doing the morning chores many Dedham farmers engaged in wood cutting, bark peeling, charcoal burning and the preparation of ship timber. Farmers handy with tools made some furniture and others accustomed to use the awl made harness which they sold. The women had plenty to do. They made from the first, candles, soap and yeast. From roots and herbs they made medicines; they dried fruit and vegetables; with an in- crease in stock they made cheese and butter and took care of the hens as well as attending to the endless round of cooking and washing. They spun wool into cloth and flax into linen. This was the life in Dedham previous to the 19th century.


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The family went to "meeting" on Sunday but few trips were made to the village during the week as the farmer was not de- pendent upon the country store. If he hadn't his own maple sugar trees he had to lay in a supply of sugar. Tea and coffee and a few articles for household use were purchased at the store. The tin pedler and other salesmen made infrequent visits. The far- mer's family had little reading and a book was a rare and highly prized possession. The farmer's pastime was visiting, hunting and fishing. The family recreation consisted in listening to the long sermon on Sunday.


The original settlers were the sole owners of the plantation until new members were admitted. In 1637 the town consisted of some thirty families having an estimated population of one hundred and twenty. Worthington who was a century nearer the settlement of the town than the present generation was of the opinion that the first structures were log houses of which thous- ands have been built by pioneer settlers in all parts of the coun- try. Others of equal authority believe that the first houses were frame houses and covered with boards. It must be remembered however that in the first settlement of the town there was only the laborious sawpit for sawing boards, with no teams for trans- portation over Indian Trails. The fact that all the houses in Ded- ham, seventy-four in number, were of little value in 1648, just twelve years after the settlement of the town, when the first val- uation was made, shows that the houses were small and inex- pensive. Thirty-nine of the houses were valued at ten pounds or less and of this number sixteen were valued at five pounds or less. The house of Lieutenant Joshua Fisher, who ran the ordinary, had a valuation of forty pounds, while the house of Reverend John Allin-perhaps built by the parish as a law enacted in 1630 re- quired that a house should be provided for the minister-was valued at forty five pounds. A second valuation of houses-sev- enty nine in number, made in 1651 shows for the most part a de- cline in valuation. The valuation made in 1655 shows a still fur- ther loss in appreciation, all of which indicates that the houses were going to decay.


It was ordered in June, 1639 that whosoever shall hereafter have a lot granted to him shall enter and build upon the same within two months after said grant so made whereby it may ap-


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pear that he "Really prepareth & intendeth to inhabite ye same." otherwise the said grant to become "utterly voyde unto such as fayle in ye pformance thereof: Except for some weighty cause, there be special licence granted further to limit ye same." Where- as Thomas Hastings hath made sale of his lot contrary to an or- der made formerly "in ye behalfe wherby it is become forfett unto the Towne", it is now ordered that the said lot shall be seized upon and remain in the hands of the town until the said Thomas Hast- ings be spoken with concerning the same and them disposed of as there shall be just cause. Thomas Hastings appeared before the Selectmen on November 1, 1639 and acknowledged his fault in selling his lot and agreed "to submit unto ye sensure of ye Towne to stand to what they shall determyne in ye same."


November 10, 1670 Peter Bent is not allowed to purchase land in Dedham on the motion of Peter Woodward, Senior.


It was early ordered that all land holders in Dedham, either by grant, or purchase, or inheritance, should proportionally share all charges with other men. All persons not subscribing to the town book of orders, and thereby declaring themselves subject to the government of the town, were denied the privilege of cutting fire- wood, or herding, or pasturing their cattle on the common lands of the town. It was ordered October 17, 1656 that all persons al- ready admitted, or shall henceforth be admitted, and remove themselves and their families from the town, for the space of one year, shall thereby lose the privilege of being a townsman; and all rights and benefits arising therefrom. If a former resi- dent returned and desired to renew his privileges it was held to be the right of the town to either accept or reject the request at its pleasure. In the division of land it was ordered in 1650 that it be divided by the rule of "persons and estates" each to receive as much as an eight pound estate. Each grantee was required to pay six pence to the keeper of the town books for the entry of his grant. That the town might keep in touch with all land sales an early order was passed that whosoever received a lot, or other parcel of land, shall within a month make the fact known to the proper authority and failing to do so a fine of one shilling a month was imposed for every month so neglected, the fine to be paid to the town. It was voted in 1718 that any inhabitant who shall either lease or sell house or land to a stranger without first ob-


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taining leave of the Selectmen, or shall entertain them without leave, shall forfeit twenty shillings for every month the unlicensed stranger shall remain in town, and any person residing here con- trary to this provision shall pay the like sum of twenty shillings. The town kept a close watch on all inhabitants. Single young men were from time to time summoned by the constable to appear be- fore the Selectmen, as required by the law, and give an account of themselves. "Ephriam the Indian is allowed to sojurn with Sergeant Stearns who undertakes for him accordingly". April 25, 1667 Daniel Holbrook is called before the Selectmen who de- mand to know whether he has provided to move himself and family out of this town; he answered that he would remove within three weeks from this day. March 28, 1673 Henry Eliot is al- lowed to sojourn in this town for one month "provided he doth behave himself as he aught to do." March 28, 1685 notice is given to John Clarke that he is not allowed to be an inhabitant of this town. May 15, 1704 upon information that a stranger, Mary Loverin, is entertained by Samuel Aldridge at his house, the Se- lectmen gave notice to the said Samuel that they disallow him to entertain her and likewise to the said Mary that they do disallow her abiding in this town of Dedham as an inhabitant.


Bonds were required for servants. January 24, 1681 Joshua Fisher having a maid servant from out of town it is agreed that he shall give a ten pound bond for the town's security. On Decem- ber 24, 1790, a large number of families and individuals (exceed- ing one hundred) who had lately come to live in Dedham were warned, by order of the Selectmen to depart within fifteen days, as they had not obtained the town's consent to reside here.


Dedham was one of the first twenty communities in the Mass- achusetts Bay Colony, and has the proud distinction of being one of the founders of the town meeting, an institution unique in New England and which has drawn the attention of scholars all over the world. The town was early governed by selected men who attended to the common needs of the community and by the town meeting. When in 1689 the governor proclaimed that there was no such thing as a town and attempted to rule that it was unlawful for the inhabitants of any town to assemble.in town meet- ing, except on the 3d Monday in May in each year, a convention was called with two delegates from each town to meet in Boston


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in May and consider the matter. Dedham was represented in the convention. No better picture of the town meeting can be given than that in Gordon's History of the Rise, Progress and Establish- ment of the United States. The selectmen by their own authority, or upon the application of a certain number of townsmen, issue a warrant for the calling of a town meeting. The warrant men- tions the business to be engaged in and no other business can be legally executed. The inhabitants are warned to attend, and they that are present, though not a quarter or tenth of the whole have a right to proceed. They choose a President by the name of a Moderator, who regulates the proceedings of the meeting. Each individual has an equal liberty of delivering his opinion, and is not liable to be silenced or brow beaten by a richer or greater townsman than himself. Every freeman, or freeholder, gives his vote for or against as he pleases; and each vote weighs equally whether that of the highest or lowest inhabitant.


Dedham was the first town in Massachusetts with a popula- tion under 15,000 to go back on the form of government founded by the fathers by taking up the limited form of government. We have departed from the form of government which Jefferson called the wisest invention ever devised by the wit of man for the perfect exercise of self government and for its preservation.


REPRESENTATIVE GOVERNMENT. An act approved, May 21, 1926, enacted by the Legislature providing for precinct vot- ing, representative town meetings, and town meeting members in the town of Dedham was accepted by the town November 2, 1926. In accordance with the terms of the act, the selectmen and the board of assessors, constituting the districting board for future action, jointly divided the town into four compact con- tiguous voting precincts, none of which constituted less than four hundred registered voters.


At the annual meeting held March 7, 1927, one hundred and forty-seven town meeting members, qualified to participate in and vote in town meetings were elected; making with the seventeen members at large, as specified by the act, one hundred and sixty- four town meeting members. The qualified members of the town meeting met in Memorial Hall on Monday evening, April 4, 1927 and inaugurated this new form of Dedham government in the consideration of the articles in the town warrant.


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CHAPTER IV


TOWN ORDINANCES


DOWN ORDINANCE. The plantation was a society of equality and from the start "all waters within the town were made free" for the benefit of all the inhabitants for fishing or other- wise as the occasion might arise. To prevent damage, or destruc- tion, to their very necessary cornfields and growing crops fences were required to be built four feet high (if of stone three and a half feet) "good, sufficient and strong" to keep out horses and cattle. Fence viewers were required to carefully inspect all fences in the town between the 20th and 26th day of March in each year. When defects were found they were immediately reported to the owners who within four days, after due notice had been given, were required to sufficiently make or repair the same, or forfeit to the town six pence in current money for each defect. Later owners were required to pay five shillings for each defect and for every day's neglect, from the 20th day of March to the 12th day of October, two shillings and six pence in each year. Any one leaving a rail down, or a gate open, forfeited to the owner six pence for every such offense. Inhabitants of the town who al- lowed dry cattle (working oxen only excepted) to injure home herds were required to pay to the owner of the herd, five shillings for every beast allowed to roam. As great damage was done by unfettered horses in cornfields, meadows, and pastures it was ordered May 14, 1677 that whosoever shall take up an unfettered horse at liberty in fenced cornfields, meadows or pastures and bring him to the pound shall receive two shillings, sixpence of the owner and for any remote fields, meadows, or pastures, one shill- ing and three pence, to be gathered with the rates or warrant of the Selectmen. Horses and colts, by public notice were required to be viewed by the selectmen from time to time.


SWINE *. In the development of the plantation the breeding of swine was very important as they multiply rapidly and furnish an


*In 1667 a great black boar, eight feet in length, came into town and was shot thirteen times before he was killed. Almost the whole town was mastered before he could be mastered.


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important food product. So early encouragement was made for the keeping of swine and precautions taken to prevent their injury to crops. October 28, 1637 provision was made for the building of a yard with a shelter called a "hog park" in which to keep swine, but by reason "of ye hard winter falling soe fast upon us" the work was delayed, but taken up again in November 1638, and carried to a completion. For any damage done by swine the owner was required to satisfy to the full value. For a second offence, done by the same swine, to pay twice the value to the owner, and for a third offence to pay three times the value. All swine were required to be "well and sufficiently ringed" all the year round, and yoked from the last day of March until the 12th day of October. After April 1, 1639 swine were required to be earmarked as well. All swine above two months old found to be unmarked were liable to seizure and forfeited to the town. It was ordered June 17, 1663 that if any person failed to yoke and ring his swine, according to the town orders, it is required of any inhabitant to yoke and ring said swine, or pigs above two months old, that shall be found within five miles of the meeting-house unyoked or unringed, for which service they shall receive twelve pence for each swine, to be paid by the owner. If the owner failed to pay the same it was collectable by the Constable on a warrant from the Selectmen. In regard to goats it was ordered in 1639 that they shall be in all cases and respects treated in like manner with swine. For the execution of the town's orders Richard Ellis and John Bacon were appointed to see that they were duly carried out in all parts of the town. The raising of swine was so important that by statute law every town was re- quired to appoint hogreeves, whose duty it was to see that all swine were properly yoked and ringed-an office which for many years was assigned to men who had married during the preced- ing year "whether he be farmer, doctor, lawyer or minister".


SHEEP. Experience making it appear that lambs falling too early, that is before March, were subject to loss by reason of the hardness of the season, and want of fit food, and considering that it is necessary to prevent loss of lambs as far as possible, it was determined that no person should suffer any ram to "go abroad in the streets, highways or on Common land within the town", between the first day of August, or, before the twelfth


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day of October, upon the penalty of forfeiting five shillings for every time such rams are found abroad, to be paid for the use of the town, besides a fine for particular personal damages.


BIRDS *. Blackbirds, crows, bluejays and cherry birds were so destructive to crops, especially to cornfields, that a bounty was offered of nine pence a dozen for black birds (crows) and a penny a head for other birds, provided they were delivered to an auth- orized member of the Selectmen.


WOLVES AND WILDCATS. The wolves living in the un- cleared swamps of the town-Wigwam Swamp and Purgatory Swamp-were a great annoyance to the settlers not only because of their howl at night, but more especially because they killed their pigs, goats, and calves, so the town made it a condition of every grant of land that the grantee should clear away the wood standing on a certain quantity of swamp land, and any owner who failed to clear his land in "maner & form & cumpas" according to the town order was fined "ye price of one Ewe Kid". The wolves were most ravenous in the early spring and autumn and were so destructive to native animals that few bear ** or deer were found in Dedham woods. To subdue wolves the town offered a bounty in October 1639 as follows: "Whosoever of our Towne shall kill a wolfe within, or near our Towne, shall have payed unto him Ten Shillings to be raysed upon the heads of evry beast yt is kept within our sayd Towne." We see the inequality of the white man in dealing with the Indians in that they were paid only half as much for killing a wolf as a white man. In 1648 the town raised £10 for paying "the huntsmen in killing wolves." To encourage the keeping of dogs the General Court ordered in 1648 that the selectmen of every town shall have power given them to purchase for the town stock "as many hounds as they think meete & to impose the keeping of them on such as they thinke fitest that so all means may be improved for the destruction of wolves." December 19, 1649 the Selectmen of Dedham took the following action "that care be taken that the young hound dogs be in time taught to hunt." Later dogs accompanying their masters to * In September 1820 an American Eagle was seen perched upon a tall elm, about. a half mile from the village. He was shot, and measured five feet and six inches from wing to wing.


** Dr. Ames records in his diary September 10, 1759, A Bear seen; September 11, Bear killed ; September 26, A Bear killed by Brall Bliss & others. For an account of the "Diary of Dr. Nathaniel Ames" see Dedham Historical Register Vol. 1, page 9, 1890.


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meeting became so numerous that provisions were made for lick- ing them out of the meeting house. In 1651 the Selectmen of Dorchester desired a conference with the Selectmen of Dedham "to consider a way to take wolves". At this time it was decided to pay ten shillings for each wolf killed, in addition to the Court bounty of ten shillings provided "that the said wolves appear to be killed within 3 miles of the meeting-house of Dorchester, Rox- bury, Dedham and Braintree. Final action was taken in 1690 when ten shillings was added to the Court Bounty" for the "In- couragement of any Inhabitant of the Towne who killed a grown wolf".


In 1661 a vote was passed, that Sergeant Ellis and those who are engaged in killing wolves shall be paid for their time while so engaged, at the same rate as others are paid while employed in town work. In 1672 John Gay was paid 20s. for killing four wolves. In 1698 the town voted to give a bounty of 10 shillings in addition to the present bounty of 20 shillings to any person for each full grown wolf by him killed. A goodly number of bounties were paid.


The farmers of the town engaged in hunting wolves received for his service, by vote of the town, the same pay as those en- gaged in town work. In 1680 an unusual number of wolves were killed by hunters. These ferocious animals had been so far ex- terminated by 1716 that the long standing bounty on their heads was repealed.


Wild cats were numerous but not as dangerous as wolves. Henry Wilson of Dedham who built his house in 1640 recorded that he awoke the first morning he occupied his house to see a wild cat looking in through the window. The American wild cat is thus described. The wild cat is as big as a mongrel dog, this creature is by nature fierce and more dangerous to be met with than any other creature, not fearing eyther dog or man. In May 1734 the Town paid "nine pounds for nine wild cats killed."


In the development of the town, rattle snakes were a present danger. May 12, 1719 "it was proposed to the town if it be their mind to allow sixpence for every Rattle Snake that any person shall kill in this town and bring an Inch and a half of the end of the tail with the rattle to the towne treasurer. Answered in the affirmative." May 9, 1720 "This day ye towne did Lengthen out


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ye act conserning snake Tails". The town paid a bounty on ninety- five rattle snake tails in 1719.


FORESTS. The following orders show the very strict measures taken to protect the forests which the settlers found free from under brush as it had been a custom of the Indians for many years to burn the ground over in the fall of the year. This prac- tise was kept up by the town in the appointment of committees to burn certain districts over each year. December 31, 1636 Nicholas Phillips was fined six pence per tree for felling certain trees not on his own lot with out license of the town. Ezechiell Holliman was required to pay, in 1636, ten shillings "unto the Collector for ye use of ye Town for felling one great timber tree for clapboards contrary to a town order," and for all other trees so cut, he was fined six pence per tree. For the protection of trees it was voted December 31, 1636 that "if any man fell a tree of six inches thickness, within a mile of the meeting house, with- out licence he shall for every tree so felled, forfeit the sum of twenty shillings of English money to be paid to the Collector for the use and benefit of the whole town". On March 23, 1636-it was ordered that the above regulation apply to upland only and that all swamps are free so long as they are not "lotted out". Oak trees* were especially protected as oak timber so early en- trees it was voted December 31, 1636 that "if any man fell a tree given to Doctor Avery to fell timbers for sixty rods of two rail fences. Liberty was given to our Reverend Pastor to take timber from the common to repair his fence about the Church lot, pro- vided he improve the old fence as much as possible. February 18, 1677 granted to John Dean timber for a "sider presse". John Dean, in 1677, desired to buy one ton of chestnut timber to be carried out of town, his request was granted by the payment of two shillings in money to the town. Doctor Avery was granted liberty to fell timber on the common for the frame of a house to be carried to Boston; his request was granted provided he pay the town two shillings per ton not exceeding seven tons.


In 1637 it was apparent that the swamp "next ye Towne" could not be sufficiently cleared on two acre grants and so it was or- dered that if they chose so many as have twelve acre lots may


*Some sixteen forest trees are found indigenous to Dedham soil, of which several have different varieties, namely, oak, walnut, cedar, birch, pine, hemlock, beech, ma- ple, butternut, wild cherry, buttonwood, hornbean poplar, ash, chestnut, and elm.


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have two additional lots, and those having eight acre lots may have three acres of swamp land, provided that a fourth part shall be cleared every year in manner and form in accordance with the town order. Whosoever is found defective, shall for every default so made, forfeit the price of a ewe kid to be valued and paid to the Collector for the benefit of the whole town.


FIRE WOOD. In reference to fire wood it was voted in 1651 that henceforth the right given inhabitants to "fell, take, and carry away" fire wood from the common lands for their own use shall be of such trees by reason of "rottenness, crookedness or other defects" as make them unfit for timber. As damage was done by peeling bark from trees it was enacted in 1675 "that whosoever peeled a tree or trees felled or standing upon the com- mon land of Dedham, without an order from the Selectmen, shall forfeit five shillings per tree." If any man felled an oak tree he forfeited for every such tree two shillings and nine pence, one half of the fine to be paid to the informer and the other half to the town. It was further ordered that if any inhabitant felled pine wood and suffered it to lie uncut, after fourteen days any inhabitant was at liberty to carry it away for his own use. To prevent waste of timber persons having grants for their own use, who allowed the timber to lie unused, for more than six months after being felled forfeited the same wholly to the town, however, if the wood was corded no man had liberty to take it away without the owner's consent. As hoop poles for cooper's use were wasted and often transported out of town, it was ordered, in 1670, that without license from the Selectmen, no person shall export any hoop poles or hoops already made from wood taken from the common land, upon a penalty of five shillings per hundred. The person first informing the Selectmen of the offense to receive one shilling and six pence per hundred poles.




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