History of the Connecticut Valley in Massachusetts, with illustrations and biographical sketches of some of its prominent men and pioneers, Vol. II, Part 85

Author: L.H. Everts & Co
Publication date: 1879
Publisher: Philadelphia : Louis H. Everts
Number of Pages: 896

USA > Massachusetts > Franklin County > History of the Connecticut Valley in Massachusetts, with illustrations and biographical sketches of some of its prominent men and pioneers, Vol. II > Part 85

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" At a Towne meeting Purposely to settle something about ye mill. It is agreed that Mr. Holyoke, or his assignes, shall well grind what Corne of this Towne of Springfield shall be brought to his mill, and thereby furnish ye Towne wth good meale for Ten years; except something extraordinary doe interveene to hinder, as fire, or floods, or extreme drought, that makes ye water to fail thereby, when as ye drought is not by reason of ye Bank or ditches being faulty, and in case People are damaged to get menle from other Places by reason of this mill being defective, Mr. Holyoke shall allow for it. In consideration whereof ye towne doth engage to allow ye sd Mr. Holyoke ye eleventh part of whatever Corne shall be ground at ye sd mill for ye terme of Ten years, as aforesaid. And hertoe Mr. Holyoke did ingage himself in ye Towne-meeting, viz .: to per- forme what in the agreement concerns himself, his heirs, and assigns, And ye Towne did by a full and clean vote declar their assent to what in the agreement concerns themselves. Moreover ye towne ordered this agreement to be then entered in ye Towne book, How that Mr. Holyoke should set his hand to it, thereby ingaging himself and his heirs. And ye Towne designated John Pyn- chon, Geo. Colton, Robt. Ashley, Miles Morgan, an Samuel Marshfield to set theire hands to yt in yt behaffe of yl Towne, and theire hands being to it, this ingagement is firme to all intents and constructions in Law. According hereunto ye aforementioned persons have hereunto set their hands the 4th day of June, 1662.

" JOHN PYNCHON.

" ELIZUR HOLTOKE. -

" GEORGE COLTON.

" Ro I ASHLEY, his mark.

In behaffe

BERT

of ye Towne."

" MILES O E MORGAN, his marke. " SAMUEL MARSHFIELD.

The town ordered and appointed Benjamin Parsons, Samuel Marshfield, and Robert Ashley the sealers "to mak a Tole with true and exact to ye twelfth pt of ye bushell, and to seal it with ye Towne seale."

" By the Townsmen, Jan. 30, 1650.

" It is agreed that these rates that are under-expressed shall be gathered this present year, viz., by March 25th :

" Mr. Moxon's maintenance.

70 00

" Mr. William Pynchon for the Bell.

05 00

For Mr. Moxon when he paid for ye Towne upon ye

close of last year ...

10 00

15 00

£ s. d.

" Mr. John Pynchon for a barrell of powder for a towne

I qr. 11 Ib. of muskett bnllett and ye caske.

01 17 6

50 lbs. of match at &d. £

01 13

21 03 6

for ye cartway to ye foot of ye falls

10 00 00

" For charges about repayring the meetinge-house, hang.

inge the bell, & other charges

18 00 00 05 00 00

For killing 5 wolves

€ 8.

Totall.

129 03 06

"It is agreed and ordered that the prices of corne for payment of rates ahall lie, wheate, at 3s. 10 pence ye hu .; pease, at 3s. ye bu .; Indian, at 2, 6 pence ye bu. Only Mr. Moxon's rate we are to agree with him. The persons appoynted

stock

" DA. BENJAMIN COOLY, " SAMUELL MARSHFIELD,

820

HISTORY OF THIE CONNECTICUT VALLEY.

to take account of men's estates and prive Cattell are Mr. Holioke, Nathaniel Bliss, John Stebbins,

" The rate for ye wolves is to be raised only on cattill.

" George Langdon & Jno. Stebbins are chosen Sm veighets of the highways of the Towne for the year ensuinge. William Warriner & Robrit Ashley are chos en Overseers of fences for ye fields appertaining to ye upper part of the Town from ye Meeting-Honse upward.

" .Joseph Parsons & John Clarke are chosen ovmisceis of the fences from ye meeting-house downward, who are to take direction from ye Townsmen for ordering theso fences."

" At a meeting of ye Selectmen, Fell'y 22, 1663, vis., Deacon Chapin, Nathaniel Ely, George Colton, Rowland Thomas, & Elizur Holyoke,

" The Selectmen, considering the great damage done to ye glass windows of ye meetin ge-house by children's playing about ye meeting-house,

"They doe order that if any persons, children or others, shall be found play- ing at any spots about ye meeting, whereby ye glass windows thereof may be damaged, Such persons shall be liable to a fine of 12 pence apeace for each tyme they shall be found soe playing, which fyne is to be paid within 3 days after such default, & if the Governors of any youth that soe offend shall refuse to pay the sail fyne, such youth shall be liable to be whipt by the Constable before 3 or more of the Selectmen, who shall determine the number of stripes to be inflicted, and if any other person sve offending shall refuse to pay ye said fyne, as aforesaid, they shall be liable to ye like punishment, as atoresaid, and all such fynes shall goe, one-halfe to ye informer and the other halfe to ye Selectmen for ye use of ye Towne in bearing publick charges."

" By ye Selertmen, 30th Jan'y, 1665, John Pynchon, Geo. Coltor, Benj. Cooley, Sam'] Marshfield, & Lawrence Bliss.

"For as much as order is beautiful, & especially in ye house of God, and ye want thereof is displeasing to God and breeds disturbance among men, And, whereas, it doth appear that Divers young persons, & sometimes others, Not- withstanding there briog called upon, Doe yet neglect to attend unto such order as is inscribed them, either for their sitting in ye meeting-house, or for their re- forming of disorders in & about ye meeting-house in tyme of God's Publick wor- ship: It is therefore hereby ordered, that whosoever of this Towneship shall not, from tyme to tyme, in respect of their sitting in ye meeting-house, Submit theor- selves to the ordering of ye Selectmeu & Deacons, or such as were empowered to Beate and order persons in ye meeting-house; All such persons as shall refuse or neglect to attend unto order as aforesaid, Shall forfeite as is hereafter expressed, viz., Hee or shee that shall not take his or her seate ordered them from tyme to tyme, But shall, on ye days or tymes of God's publick worship, Goe into or alide in any other seat appointedl for some other, Such disorderly person or persons, for ye first offence, shall forfeite three shillings four pence to ye Towne Treasury, which shall be exacted by warrant from ye Selectmen, directed to ye Constable to Levy ye same. And if afterwards He or Shee shall still persist in such dis- order, they shall pay Sixe shillings eight pence, as a bne to ye Towne, to he ex- ated as aforesaid, and if a 3d tyme they shall persist in such obstinacy, such person to pay Ten Shillings to ye Towne, to be exacted as aferesaid; And if afterward they shall still persist in such obstinacy, ye Selectmen are hereby or- dered to complayne of such person to ye Magistrate or County Court to deale with them as they shall judge meetc.

" And, whereas, the seate which was made by ye Towne at a common Towoe Charge (formerly called the Guard Seate) is now appointed by the Selectmen (who accordingly have ye disposing of that Seate) for Boys to sit in, & ye Selectmeo having declared that the smaller Boys should sit there, that they may be more in sight of ye Congregation, & having warned all meu out of ye sd Seate, both marryed and other growne persons, some and whereof doe still continue to sit there, and seeme as if they did it with a high hand,

" It is therefore hereby ordered, that noe person of this Towneship above ye age of 14 or 15 years shall sit in ye Seate aforesaid, formerly called ye Guard Seate, unless he be ordered to sit there to look to ye Boys. And if any person henceforward shall presume there to sit, contrary to this order, he shall, for ye first offence therein (after l'ublication hereof), forfeite and pay to the Towne Treasury Sixe shilling eight ] ence ; and if afterward ye same person shall offend therein, Hee shall for ye 21 offence pay to ye Towne Thirteen shilling four peace, and for ye 3d offence, Twenty Shillings. All ye aforesaid penaltys, by warrant under ye hands of ye Selectmen, to be levyed by ye Constable for the Towne's use. And if after this any shall still persist in obstinacy or contemptuous De-, glect of attending this order, the Selectmen are ordered to complayne of such contemptuous person to ye Magistrate or County Court. And it is further or- dered, that if such young men shall offem) against this order as have noe estate or are under their Parents' or Governours' charge, Iff theire Parents or Gov- ernours shall refuse to pay ye aforesaid Penaltys, the Selectmen shall present such persons to ye Magistrate, to deal with then as he shall judge meet. This order was Published on a lecture day, ye 3Ist of January, 1665."

" At a meeting of ye Selectmen, April 7, 1669, Miles Morgan and Jonathan Burt are ordered to sit up in ye gallery to give a check to disorders in youth and young men in tyme of God's Publick worship. Anthony Dorchester, to sit on ye Guard State for like end."

"Eliakim Ilitchcock, of New Haven, desiring to be admitted into this Towne- Mbip to dwell, bath Liberty, provided he being certified from New Haven, if he is an orderly Liver there, & if his father there desires it, & appoint him on his remove, & provided also that he seenre two sufficient meu of this Towne to enter into 30£ Bond to secure ye Township by sd Hitchcock or any of his family."

At the meeting of selectmen in 1664 it was voted that a penalty be imposed upon persons absenting themselves from

town-meetings, and 20s. was also the penalty for failing to serve in offices to which any person should be chosen.

The inhabitants of the little plantation, in 1664, evidently manifested a decided interest in the moral welfare of the place, it being ordered " that if any man of this township, or any proprietors of land in the Towne, or any that shall or may dispose of land here, shall, under color of friendship, or otherwise, entertayne any person or persons here to abide as inmates, or shall subdivide their house-lots, or any other of their lots, to entertayn them as tenants, or otherwise, for longer time than one month, or thirty days, without consent or allow- ance of the selectmen, shall forfeit 20s. to the Towne." An- other regulation of this period was, that no persons should come into the settlement and there remain more than thirty days without the consent of the selectmen. Not only did the seleetmen designate who should come into the settlement, but also who should not remain therein, as the records of 1692 show that about 60 families were ordered out of the place. These various persons were designated by name and occupa- tion. Some were designated as laborers, barbers, gentlemen, etc., etc.

" Tow ne-meeting, Feb'y 4th, 1672:

"Whereas, hy a late law of the country made, It is ordered that such person.s as have liberty of voting in Towne affairs, must be of £20 estate, rateable to a single countrey rate, yet not to eutt off the said privileges from them that had liberty by a former law wherein is expressed, that if persons have £20 estate rateable to a single countrey rate, with other conditions, they shall have ye same privileges,

"This towne doth now order yt the Recorder for ye Towne shall joyn with ye Selectmen to examine by former rates to ye countrey what persons of this Plan- tation now residing amongst us have at any tyme had by law that priviledge, And that then the Recorder shall enter their names in ye Towne Books.

" Their names sce next page.

" Here followeth a List of ye Names of the present Iohabitants of this Towne of Springheld, who, according to ye provision & teai mes of a late law of the coun- trey made, have ye priviledge of voting in Towne affairs, and whose names by ye Towne and in ye former page were to be entered in this booke:

"The Worshippful Major John Pynchon, Mr. Felatiab Glover, Rowland Thomas, Jeremy Horton, Abel Wright, Japhet Chaj in, Henry Chapin, Joseph Crowfoote, William Brookes, Samuel Ely, Nathaniel Burt, Samuel Bliss, Jr., Samuel Stebbins, Luke Hitchcock, Isaak Cakebread, John Warner, David Morgan, Joseph Stebbins, John Bagg, Rice Bedortba, Jolin or Joseph Riley, Saoinel Marshfield, Griffith Jones, Obadiah Miller, John Barber, Sen'r, Rich'd Exell, John Dumbleton, Jonathan Taylor, Edward Foster, The mas Miller, John Leonard, Lieut, Cooper, Joseph Leonard, Thomas Cooper, Jun., Samuel Terry, Julin Lamb, Rob't Ashley, Jonathan Ashley, Sergeant Morgan, William Branch, Elizur Holyoke, Timothy Cooper, Deacon Chapin, John Hitchcock, William Warriner, James Warriner, Sergeant Thos. Stebbins, Benj. Man, Sam'l Bell, Thomas Day, Charles Ferry, Thomas Merrick, Nathaniel Ely, John Clark, Law- rence Bliss, Johu Matthews, James Osborne, John Harman, Nathaniel Pritchard, Benj, l'arsoos, Sam'] Bliss, Sen'r, Anthony Dorchester, Rich'd Sikes, Increase Sikes, Sergeant Jonathan Burt, David Lumbard, Ensign Cooley, Obadiah Cooley, Jolin Bliss, Quartermaster Colton, Isaak Colton, Ephraim Colton, Thos. Colton, John Keepe."

"Apl. 26, 1685,-It was further voted and granted that Deacon Burt, Miles Morgao, Thos, Mirrick, Seu., Charles Terrey, and Jobn Warder have liberty of the Fishing places at Agawam River and Checkuppi River to make any reason- able benefits they may or can of those fishing places, and that no luxly should hinder them herein, nor they to refuse any other person joining with them."

" Feb'y Ist, 1686 .- It was further voted and agreed that Henry Chapin, Row- Jand Thomas, Charles Terrey, and Obadiah Cooley sball have the liberty and privilege of Checkuppi River as far as Schonungounek fall or Bar, for makeing and erecting of wards for catching of Fish, they supplying such of the Towne with Fish as desire it, on reasonable terms. This privilege & Liberty is granted to them and to sncb as they shall take in with them for five years, without mo- lestation from others. And at the bve years' end if they desire a further grant, it is to be continued to them npon meet allowance before any others.

" And the spring and summer comeing they are toe enter upon and goe on with their designs as the season will allow, or otherwise this grant shall be voyd. And for other Rivers or places for fishing within this township, It is left with the Selectmen to grant special Liberty & privilege to such of the Inbabitant as may appear to attend said work of Fishing as the Selectmeo shall see meet."

BY-LAWS.

The following is a compilation of the ancient by-laws of the town, as given by the late Hon. George Bliss, Sr., in an ad- dress delivered at the opening of the old town-hall in 1828 :

" Febry, the 5th, 1649,-A copy of such orders as are made and confirmed by the Inhabitants of Springfield the day and year above written.

" I. For the prevention of disorders in puttinge cuttell to pasture at the other

821

HISTORY OF HAMPDEN COUNTY.

side of the great river, to the prejudice of men's corne; and yet, that men may have the henefit of the pasture, ordered, that no person shal put over any cattell on the other side of the great river to Pasture there, until the 15th day of Oc- tober yearly, aod from thence until the eighth day of March they may continue there, by which day the fields there are to be cleared of cattell of all sorts, and if any cattell shall be found there going at liberty, and not under the hand of a keeper, or in ao inclosed piece of ground, before or after the days abovesayd, the owners of the said cattell shall be lyable to a fine of 12d. a head for all that shall be found within a 100 rodd of any coine or meddowe, one halfe ef the fioe to the informer, and ye other halfe to the towne, and shall make goode whatever damadge shall appeare to be done by theyre said cattell in that tyme.

"2. Whereas, the planting of Indian corde io the meddows and swamps on the other side of Agowam river, hath occationed a long stay after mowing tyme, before men can put theyre cattell thither to pasture. Therefore. it is ordered (with the consent of all those that have planting ground there), that no more Indian corn shall be planted there either in the meddows er swamps that soe the cattell that have allotments there may be put over by the 15th day of Sep- tember yearly, provided they take a sure course to prevent theyie cattell from goinge over the river, either by fencing, or a keeper in the day tyme, and by securing them in some inclosure in the night. But there is liberty for calves to be put over thither by the 14th of August. Aod in case any person shall put cattell there before the day expressed, he shall forfeit 28, 6d. by the head for every such default, and also be lyable to pay all damage that his cattell shall doe on either side of the river. [This order was soon changed, and the same rule adopted as in the first regulation.]

"3. It is ordered that if aoy Inhabitaot shall desire to make a Cannoe, he may have liberty to fell any tree or trees io the towne commons, and make it or them into Candoes for his own nse, or for the use of any Inhabitant. But no such iohabitaot shall have liberty to sell or io any kinde to pass away any Can- noe soe made out of the towne nntill it be full five years old, or, if he lend his cannoe, it shall be returned within a month. And io case any shall transgress this order he shall be lyable to a feoalty of 20s. for every default.

"4. It is ordered, that whosoever shall take away or make use of any man's Caonoe without his leave shall forfeit unto the owner 2s. Gul. for every such default.

"5. It is ordered that there shall be no barns or howseing built or set up in the highway letwixt the streete fence and the brooke, except there be soe much room as they can leave 4 rod for the streete or highway, and then men may make use of that side next the brooke for what building they please. And if any shall transgress this urder, it sball be lawfull for the selectmen to appoynt men to pull downe and demolish such building.

"6. For the prevention of sundry evills that May befall this Towoship, through ill-disposed persoos, that may thrust themselves in amongst us agaynst the likinge sad consent of the generality of the inhabitants, or select Townsmen, by pur- chasing a lott, or a place of habitation, &c. It is therefore ordered and declared, that no inhabitant shall sell or in any kind pass away his house lot, or any part of it, or any other of his allotments to any stranger before he have made tbe select Townsmen acquaioted who his chapman is, and they accordingly allow of his admissivo, under penalty of paying twenty shillings for every parcell of land 80 sold, or forfeitinge his laod sve sould or passed away. But if the select Townsmen see grounde to disalowe of the admission of the said chapman, then the tonn or the Inhabitants shall have 30 days' tyme to resolve whither they will buy the said allottments, which said alottments they may buy, as indifferent partys shall apprise them. But in case the Inhabitants shall delay to make a purchase of the said lands above 30 days after the propounding of it to the se- lect Tounsmen, then the said seller shall have his liberty to take his chapman, and such chapman or stranger shall be esteemed as entertained and alowed of by the toune as ao Inhabitaot.

"7. It is ordered that if any man of this tounship, or any proprietor of land here, or any that shall or may dispose of land here, shall noder the colour of friendship, or any other ways, entertaine any person or persons here, to abide as inmates, or shall subdivide their howse lotts, to entertaine theo) as tenants or other ways for a longer time than one month, or 30 days, without the consent or allowance of the select Tounsoien (children or servants of the family that remain, single persons excepted), shall forfeit for the first default 20%. to the Towne, and alsoe he shall forfeite 20s. per month for every mooth that any such person or persons shall sve continue in this Tounship without the consent of the select Touosmen ; and if in tyme of their abode after the limitation abovesaid, they shall neede relief, not beinge able to maiotaine themselves, then he or they that entertained such persons shall be lyable to be rated by the selectmen for the reliefe and maintenance of the said party or partys so entertained, as they in their discretion shall judge meete.

"8. For the regulating of workmens and labourers wages. It is ordered. 1. That all workmeu shall worke the whole day, allowing convenient tyme for food and rest. 2d. Thatt all husbandmen and ordinary labourers from the first day of November to the first of March shall not take above 16d. by the day wages, for the other 8 months they shall not take above 20d. by the day, except in time of harvest for reaping and mowing, or for other extraordinary worke, such as are sufficient workmen are allowed 2s. pr. day. 3. That all carpenters, joyaers, sawers, wheelrights, or such like artificers, from the first day of November to the first of March, shall oot take above 20d. pr. day wages, and for the other 8 months not above 2s. pr. day. Taylors not to exceed 12d. pr. day throughout the year. 4. That all teames, consisting of 4 cattell with one man, shall not take above 6s. a day wages: From May till October to worke 8 honis, and the other part of the year six heures for theyre day's worke.

"And it is further ordered, that whosoever shall, either by giveing or taking, exceede these rates, he shall be lyable to be puoished by the magistrate, accord- ing to the quality and nature of the offence.

"9. It is ordered that every householder shall have in a readyness, about his

house, a sufficient ladder, for length suitable to his howsing, to prevent the danger of fire, on penalty for every neglect 58.

"10. It is ordered that if any person shall be taken notice of, to carry fire io the streete, or from house to house, not being sufficiently covered, soc as to pre- vent doinge hurt thereby, he shall forfeite 5s. for every such offence proved against him, besides all damages, for what hurt may come thereby.

"11. It is ordered, that if any trees be felled in the common, having no other worke bestowed on them, above six months, it shall be lawfull for any man to take them, but any Timber that is cross cutt or firewood that is cutt out, or set on heaps, or rayles, or clefts, or poles, no man may take any of them till they have lyen 18 months after it is so cross cut or cloven. And in case any person shall be found to take away or convert to his own use any timber or fyrewood, &c., as aforesaid, before the tyme above limited, he shall be liable to make satis- faction in kinde or otherwise, to his content, and shall also forfeite 108. to the Toune Treasury for every such parcel of tymber, rayles, holtes, or firewood that he shall soe disorderly take away and convert to his owo use. [N. B. This order was in some respects modified in 1660, but substantially continued.]

"12. Whereas, there is observation taken of the scarcity of Tymber about the Toune for buildinge, sawing, shiogles, and such like, it is therefore ordered that no person shall henceforth transport, out of the tonne to other places, any build- ing-tymber, bord-loggs, or sawen boards, or planks, or shingle Tymher, or pipe staves which shall be growing in the Toune commons, viz., from Chickuppe river to freshwater brooke, and six miles east from the great river; sod if any man shall be found to transgress this order he shall be lyable to a fine of 20x, for every freight or loade of such Tymber, boards, shiogle, or such like, by him so trans- ported.

"13. To the end that such candlewood as lyeth near the Towne may not be wasted by such as borne Tarr, &c., to ye prejudice of ye Inhabitants, It is, there- fore, ordered that no person shall bave liberty to gather, or havinge soe gathered, to burn any candlewood for the makinge of Tarr, Pitch, or Coale, within the cool- pass of six miles east of the great river, and soe extending from Chickuppe river to the Longmeadow brooke; and if any shall be found to burne any candlewood soe gathered, withio the limits or bounds above expressed, he shall forfeite 20s. for every load of candlewood soe gathered and burnt for Tar, Pitch, or Coal, or ye like nse. Provided, notwithstanding, that every Inhabitant may gather cao- dlewood for his own family use where he pleaseth.

"14. Whereas, it is judged offensive and noisome for flax sod hempe to be watered or washed in or by the brooke, before men's doors which is for ordinary use, for dressinge meate therefore it is ordered that no person henceforth, sball water or wash any flax or hemp in the said brooke, either on the east or west side of the streete or any where near adjoyninge to it, aod if any person shall be found transgressinge hierein, he shall be liable to a fine of 68. 8d. for every such default.

"15. It is ordered that no person shall gather any hopps that grow in the swadis or any common grouods, untill the fifth day of Septebiber yearly, upon payne of forfeitioge what they shall soe disorderly gather, and 28. 6d. for breach of order, the forfeiture to the informer, the 28. 6d. to the Toude treasurer.

"16. Whereas, it is judged needful in sundry respects that each Inhabitant should have the severall parcells of his land recorded, therefore for prevention of future inconveniences, It is ordered, that every particular inhabitaot of this township shall repayre to the recorder that is choseo and appoynted by the toune for that purpose, who, upon information given him by each person of his severall parcells of land, the number of acres, with the length and breadthi of ye said alotments, and who are borderinge on each side of higi, shall by virtue of his office fairly record each parcell of land, with the limits, bounds, and sitnation thereof in a book for that purpose, for which his pains, the owner of the said lands shall pay uoto the Recorder two pence for every parcell of his land soe recorded. And, if any person shall neglect the recording of his lands longer than six months after ye graot of it, he shall be lyable to a fine of 38. for every parcell of his laod that is not theo recorded, and if after that he shall neglect to record it he shall pay 12d. pr. month for every mouths neglecte of any parcell. And auncieut grants are all to be recorded by the last of May next, upoo like penalty.

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History of the Connecticut Valley in Massachusetts, with illustrations and biographical sketches of some of its prominent men and pioneers, Vol. II, Part 85

Author: L.H. Everts & Co Publication date: 1879 Publisher: Philadelphia : Louis H. Everts Number of Pages: 896

Author: L.H. Everts & Co
Publication date: 1879
Publisher: Philadelphia : Louis H. Everts
Number of Pages: 896