USA > Massachusetts > Suffolk County > Boston > Report of the record commissioners of the city of Boston, containing the Boston records from 1700 to 1728 > Part 19
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Voted. That the Select men be a Comitte to make Inspection into the State of the Said Sconce and make a Calculation of what the Charge will be to Repair it, and Lay it before the Town at their Next Meeting.
At a Meeting of the free holders & other Inhabitants of the Town of Boston duly Qualified being Regulerly Assembled in a publick Town meeting at the Thown house march the 11th 1722.
Voted that Elisha Cook Esq' be Moderater for this meeting. Voted to Chuse Assessor distinct from the Select men. [416.] Elisha Cook Esq™ m' John Marion mª Isaiah Tay mr Thomas Cushing mr William Clark mª Ebenezer Clough Cap® Nathaniel Green
Are Chosen Select men for the year Insuing.
Samuel Checkley Esq' Chosen Town Clerk & Sworn.
168
CITY DOCUMENT NO. 137.
Cap Joseph Wadsworth Chosen Town Treasurer & Sworn.
Voted that the Select men be Surveyers of High ways, for the year Insueing.
m" Ezckiel Lewis is Chosen for a Select man in the Roome of mr Wm Clark who Refused to Serve.
Estes Clark apeld to ses
Joseph Brandon Excusd
Henry Whitten Sworn
Hugh Hall Excusd
John Cox paid
John Eyre
Excused
Edward Bromfield Excud
Sam1 Waldo Paid
are Chosen Constables for the year Insuing
Voted, That m' Sam" Watts Joyn with the Select men to be a
Surveyer of High wayes at Rumny Marsh. Voted for Officers for Rumny Marsh vizt.
Nathaniel Tuttle - Constable - Sworn.
Hugh floyd
John Whittemore
fence Veiwers
Jacob Chamberlin John Lave Hogg Reeves.
Voted this Meeting be adjorned untill three of the Clock after- noon. And being met.
Hugh Hall Declared that He was in Comition of the Peace in the Island of Barbadoes.
Voted that Hugh Hall Esq" be Excused from being Constable for the Reason aforesaid.
Voted for the County Treasurer 171 Votes & Sealed up & De- livered to Constable Erasmus Stephens.
John Hubbard paid
And" Cunningham Sworn
John Buttolph payd
Samuel Gibbons payd
Henry Coswell payd
Samuel Hill Sworn
Samuel Weekes
payd
Chosen Constables.
[417.] Voted to Chuse 7 Assessors One where of to be an Inhabitant at Rumny Marsh.
messure Daniel Pouning
John Sunderland
David farnum
Jonathan Louring John Edwards John Dixwell John floyd R. Marsh
Chosen Assessors for the year Insuing.
Voted this meeting be adjorned untill Tuesday at Eight of the Clock in the morning.
The Town being then mett.
169
BOSTON TOWN RECORDS, 1722.
Voted That the Selectmen be Directed and Impwred to take Effectuall care that Milk Street be keept open, and free down to the Sea or Beach and that all Incombrances lying thereon be forthwith Remoued.
Voted that the Select men doe not Suffer the Ship builders or any other Trades men to Incomber the Streets, or any part there of by Laying Timber or any other materials there on for any longer time then the Town Order or Law alowes of.
Rowland Houghton paid
James Cary Sworn
Ephraim Hunt paid
Edward Durant Sworn
Will“ Alden Excused
Chosen Constables.
Voted to proseed to Chuse the Overseers of the Poor by a written Vote.
Daniel Oliver Esq™ Timº Clark Esq™ m' John Ruck
m' Timº Prout
mª John Legg mª James Gouch Cap® Henry Deering
Chosen Overseers of the Poor.
Ezekiel Walker
Sam" Eaton
Elisha Story
Silence Allin Joshua Chever
Chosen Sealers of Leather. Thomas Townsend Sworn William Maycock paid
Chosen Constables. [41S.] John Endicott
John Demerry
Roger Stainer
William Bestow
Thomas foster
Joseph Rickes
Chosen fence viewars.
William Pollard
Samuel Peack
John Hobby John Johnson
Chosen Hogg Reeves.
Henry Gibbons Sworn John Boudry Sworn Charles Gyles Sworn Benja Brunsdon paid
John Adams Sworn
Peter Britton Sworn Richard Sherren Sworn
170
CITY DOCUMENT NO. 137.
Joseph White Sworn. Chosen Clerks of the markett.
-
Capt David Mason m' Jamcs Pennyman Co" Stephen Minott mr Benja Snelling m' Jerā Belknap
m' Andrew Tyler
mª Benjā Bridge m' Sam" Burnell
Chosen Scavengers.
Voted that the Select men be Desired to prepare a Draft for the Better Regulating Indians, Negroes & Melattoes, to lay before the Town for their Consideration at the next Generall meeting.
Voted that the Select men be Desired to appoint and Impower Two Discreet persons to take care that the By Laws and orders of this Town be observed, and to Inform of all Breaches thereof.
That they take Espesial care to keep the Indians, Negroes, & Melattoes in Good Order, and Se that the Province Law Respect- ing them be Attended.
That the Streets be Keept Clean, and Inform of the Breach of Law as by the Act of Reformation of maners &c: is directed.
Voted. That there be alowed and Paid to m' Nathan" Williams Master of the first Gramer Scholl as his Salary the Sum of One Hundred & fifty Pounds per Annum.
[419.] Voted That the Assessors for the year 1722 be further Impowred for the Space of three months next ensuing to make Such further abatements of the Rates by them apportioned as they Shal find needfull.
Voted, That the Constables be alowed three pence upon the pound for Collecting the Rates, Provided they pay in the first half of the Sums Comitted to them by the first day of February next and also compleat and pay in the whole sum Comitted to them to the Respective Treasurers, by the first day of June from thence next Ensueing.
Voted that the Town will Chuse a Comitte to Draw up Som- thing Relating to the Tything men for this Town and Lay it before the Town at their next meeting.
Voted That John Clark Timothy Clark Esqrs. and m' Thomas Cushing be the Said Comitte.
messurs William Parkman Nathaniel Eyres No 1 Edward Procter Willm Sheepreeve 2
Adinº Bulfinch Wm Blare 3
Benja Emmons Joseph Billings 4
Daniel Henchman Caleb Lymon .
5
Jonā" Jackson Hope foster 6
James Gould Sam Adams 7
John White John Clough 8 were Chosen Tything-men.
Voted that the Consideration of m" Edward Mills His Being School master be Continued to the next Geneal Meeting.
Voted That the Select men be Desired to Consider & make
171
BOSTON TOWN RECORDS, 1722.
Some projection about the Improvment of the Towns Land Near m' Belknaps and Lay it before the Town at their next meeting.
Voted That the Town be no longer at any Charg for keeping Bulls for the Town but that they which own the Cows be at the Charge.
Voted That no person presume to digg & Carry away of the Sand, Gravel. Earth. Tirf, or Stones, Growing Lying or being on fox Hill (So called) or the Ridge ncar therto betwen that & Wind mill Hill in the Common, on pain of forfeting the Sum of Twenty Shillings of Every breach of this Order.
[420.] Voted an Adjorument of this meeting to three of the Clock afternoon. at which time the Inhabitants again assembled.
Voted That the Select men be a Comitte to View & Consider what is best to be don Relating to the House and Land belonging to the Town in Beacon Strect and make Report thereof at the Next Gen" Meeting
Voted That Capt Joseph Wadsworth Treasurer be alowcd and Paid the Sum of fifty pounds for His Service in that Office in the year past.
James Watson paid Izrael Walker paid
Chosen Constables.
Voted That the Select men with Such as they Shal desire to accompany them be Inspectors of the Scools for the year Ensu- ing.
Voted That the Petition of the Widow Ann Gillcrist be left with the Select men to act there in as they find best.
Voted That Pen Townsend. William Welsteed, Edward Hutch- inson. Hab. Savage, Esquires and m' Abiel Walley be a Comitte to andit the Treasurers acco" for the year Ensning.
Voted that the Sum of Two Hundred Pounds be alowed and paid for Paveing in the Streets, Out of the money to be Raised.
Voted that part of the Said Money be Improved for Paveing near the new Brick Meeting House provided the abutters doe their parts.
Voted That Part of the Said Money be Improved for Carrying on the Pavement in Back Street Near Co1. Winthrops to Joyne the Pavement in Prince Street Provided the Abutters doe their parts.
Voted that all or So much of the Twelve Hundred Pounds apropriated for Buying of Grain as the Select men Se best, Be by them Layed out for Buying Grain for the Towns use.
Moses Eyers Thomas foster
Joseph Parmiter
Joseph fitch
George Smith William Payn
John Johnson Roger Stayner
Chosen to be Viewers of Shingles and Measurer of Boards, Plank &c.
172
CITY DOCUMENT .NO. 137.
[421.] Benjā Edwards Sworn John Courser Excused
Chosen Constables.
Voted That the Streight Line projected by the Select men on the 27th of febry Last betwen the Towns Land and the Land of Coll Stephen Minott on the Neck, and now Represented by the Select men, Be now Rattificd and Confirmed, That at A Stake drove by the fence, Being Thirty Rod nine fect & an halfe, from the South east Corner of the George Tavern now in the occupation of Sam- uel Meers Inholder, The Line be made Streight to Two Butten Pyer Trees growing in the Said Minotts Land, He the Said Minott Conferming the Said Agreement on His Part.
Whereas The Seleet men did Some time in the Summer 1721 : Order and Direct Co" Stephen Minott to make the fence Extend- ing from His House in the Occupation of m" Sam" Meers towards the Salt Ponds on the neck, Being on the West side between Bos- ton and Roxbury upon a Streight Line, in doing of which he has taken in Some Small Quantity of the Towns Land.
Voted That the Select men be Impowred to Treat with and make Sale of Such part of the Towns Land as is taken in as aforesaid.
Voted that the Consideration of Raising Money be Continued unto the Next General Meeting.
m" Andrew Eliot is Chosen to Serve as Constable for the year Ensuing - Sworn.
At a meeting of the free holders & Other Inhabitants of the Town of Boston Duly qualified being Regulerly Assembled in a publick Town Meeting at the Town house in Boston fryday Aprill the Ninteenth Anno Dom 1723
Elisha Cook Esq" Chosen to Serve as moderator for this present Meeting.
Voted that the Town Proceed to Chuse four Persons to Rep- resent them at the Great & Gen" Assembly.
Number of Voters were 275
John Clark Esq" 258 Elisha Cook Esq" 248 mª Isaia Tay 232 m" Ezekiel Lewis 222
are Chosen to Serve as Representatives of this Town.
[422.] Co] Stephen Minott is Chosen to Serve as a Select man in the Room of m" Thomas Cushing who Refused to Serve.
m™ Benjā Hutchinson is Chosen to Serve Clark of the market in the Room of m" Benja Brunsdan who Refused to Serve. He Re- fused to Serve & promised to pay.
m" Ebenezer Youngman Chosen a Clerk of the Market in the Room of m" Hutchinson & Sworn.
Whereas Throwing, Rolling or flingin of the Bullet, Comonly called Throwing the Long Bullet in the Comon Training field, Highwayes, Streets, Lanes or Allyes of the Town, is attended with diverse Inconveniences and may be of Pernitious Consequence to his Majesty® Good Subjects in Walking about their Nessary afairs and Buisness for Preventing Whereof.
173
BOSTON TOWN RECORDS, 1723.
It is Ordered that whosoever Shal presume to use and Exercise them Selves in Throwing Rolling or flinging the Bullet or any Such like Instrument whether made of Iron, Lead, Brass, Stone, wood, or any other matter or Substance that may Endanger the Lives or Limbs of any of His Majesties Subjects in the Comon Training field Highwayes, Streets Lanes or Allyes in the Town, Shal forfeit and pay the Sum of Twenty Shillings upon Conviction, before any of His Majesties Justices of the Peace for Said County for every Such offence.
This was Sundry times Read over & Voted.
Voted that the Select men be Impowred and directed to Enquire into the State of the Wells & Pumps Standing or being in any of the Grounds, Streets or Highwayes belonging to the Town and Cause them to be put into Repare and to Assess the Persons in the Neighbourhood who Comonly make use of them, and to appoint and Impower Some meet Person or Persons to Receive the Same to be Improved according to a Town order or By-Law made about Pumps & Wells.
Voted that the Select men be Impwred to Improve the Towns Land near m' Jerā Belknaps, Either by Building upon it or Letting it for Term not Exceeding Thirty one years as they Shal think best.
Voted that it be left with the Select men & that they be Im- powred to make Sale of the House & Land in Beacon Street which belongs to the Town.
[423.] Pursuant to the Vote & direction of the freeholders & Inhabitants of the Town at their Annuall meeting in March last.
The Select men haue drawn up heads or Articles for the Better Regulating Indians Negros and Molattos within this Town, that if approved of they may be Endeavored to be Drawn into a Law or Lawes at the next Session of the Great and Generall Court or Assembly.
That if any free Indian Negro or Molatto Shal 'Receive or Entertain any Indian Negro or Molatto Servant or Slaue into His House yard garden or out house unless Sent there by his master or Employer, Shal forfeit and pay the Sum of Twenty Shillings and be Sent to the House of Correction and there be Severly whiped, And the better to Enforce this order any two free holders may Enter the House of any Such free Indian Negro or Molatto.
That no free Indian Negro or Molatto Shal haue and keep any manner of weapons fire armes, Powder or Ball in his House or the Dependances thereof on forfieture of five pounds & being Severly whipt at the House of Correction.
That no free Indian Negro or Molatto Shal on Training dayes, or any other Publick dayes carry into the Common or Training field Streets or Highwayes any Strong drink Cakes or any other Pro- vision to Sell on Pain of ten pounds and being Sent to the House of Correction and Severly whipt, And any two freeholders Shal haue power to Seize Secure and Dispose of all Such Liquors & Provisions for the use and benefit of the Poor.
That every free Indian Negro or Molatto Shal bind out, all their Children at or before they arrive to the age of four years to Some
174
CITY DOCUMENT NO. 137.
English master, and upon neglect thereof the Select men or Over- seers of the Poor Shal be Empowered to bind out all Such Children till the age of Twenty one years.
If any free Indian Negro or Molatto Shal Receive any goods wares Merchandize Money or Provisions from the hands of any Indian Negro or Molatto Servant or Slave or any Stolen goods found in their Houses or Possession upon Conviction Such Indian Negro or Molatto Shall beside making Restitution as by Law already provided be Severly Whipt, And ordered by the Court before whom the Tryal is to depart this Province, And if any Such Shal Return to be taken and Sent to the House of Correction and haue the Discipline of the House and there to Remain and abide during life & keept to hard Labour.
[424.] If any Indian, Negro or Molatto bond or free be Convict of Stealing Robbing Pilfering or Breaking into any House Ware house Shop Stable Barn or out house Ship or Vessell He Shal upon Conviction be Transported beyond Sea Remaining in the Comon Goal or House of Correction till Shipt Oft besides making Restitution as the Law Provides.
That no Indian Negro or Molatto Slave or Servant Shal be out of His Masters House or Dependances thereat unless in the Imediat Service of his master, an hour after Sun Sett from the first of march to the first of September nor half an hour after from the Second of September till March nor before Sun Riseing upon Pain of being Sent to the House of Correction and there Severely Whipt.
That no Indian Negro or Molatto Servant or Slave Shall be Suffered to wear or Carry about him any manner of armes or weapons Clubb Stave Cane or knives Except Decriped upon Pain of Severe punishment at the House of Correction.
That if more then Two Indian Negro or Molatto Servants or Slaves be found in the Streets or Highways in or about the Town Idling or Lurking together unless in the Service of their master or Employer. Every one so found Shal be punished at the House of Correction.
That no Indian Negro or Molatto Servant or Slave tho' haueing obtained leave from his Master to go into the Comon or Training field on Training dayes or any other Publick dayes, Shal abide there after Sun Sett upon pain of Sever Whipping at the Hon of Correction.
That if any Indian, Negro, or Molatto Servant or Slave Shal assalt Strike Beat wound Bruse or mame any of his Majesties Sub- jects, He Shal be Severely Punnished at the Discression of the Court before whom Convict and Sent beyond Sea being Confined till his Departure at the Charge of His Master or Owner.
If any Person Shal Sell any Strong Liquor to any Indian Negro, or Molatto Servant or Slave, unless Sent by his master he Shal forfiet & pay ten pounds fine, and Suffer Three months Iin- prisoument, and if the Person that Sell contrary hereto be a Tavernor Inholder or Retailer He Shal forfeit his Recognizance and be Rendered Ever after incapable of hauing [425.] His Li- cenee renewed. The Proof for Conviction to be as in the Case of Selling Strong drink to Indians.
175
BOSTON TOWN RECORDS, 1723.
That no Indian Negro or Molatto Bond or free Shal presume to work as a Porter in or about the Town unless first approved by the Select men and Bond given to the Town Treasurer iu a Sum not less then fifty Pounds for his fidelity. The forfiture of Such- Bonds to be applyed to and for the use of the Poor of the Town And if any appear and are found in Such work Shal be taken up and Sent to the House of Correction, Receive the Discipline of the House & Remain there Six dayes.
That Indian Negro and Molatto Evidences only with Con- curring Circonstances Shal be proof Soficient to Convict Indian Negro or Molattos.
That no Indian Negro or Molatto up on the breaking out of fire and the Continuance there of dureing the night Season Shal depart his or his masters House, nor found in the Streets or at or near the place where the fire is upon pain of being forthwith Secured and Sent to the Common Goal and afterwards whipt at the House of Correction three dayes following before dismist, unless his or his masters House or Estate be on fire or in great hazzard thereof.
That all fines and forfeitures arising by this aet bc disposed the one halfe to the Poor of the Town the other halfe to the Informer.
The foregoing Heads or Articles preseuted by the Select men, were Sundry times Read over and Each of them voted and voted to be given to the Representatives of the Town in their Instructions to use their Endeavor that a Bill or Bills may be Passed for the Regulating Indians Negros and Molattos in this Town.
Whereas Sundry fires haue of late broke out among us to the great Terror & Affrightment of the Inhabitants, which we hauc too Just grounds to beleiue were wickedly contrived aud Designed by Some Evel Instruments.
It is therefore humbly proposed by the Select men.
That there be forth with five watch houses at the Least in the Most Sutable places of the Town, and five good able Bodyed men of Sober Conversation Assigned to Each of those Houses, to be Enployed Six months of the year from Nine of the Clock in the Evening the Other from Eight to Sun Rising. To be carfully watching by Turns the Streets, Lanes and allyes through out the Towa to discouer and prevent what in them lies fires, Breaking into Houses, Thefts or any Disturbance that may arise And that there be Two Sutable Discreet persons appointed [426.] to Inspect the Scverall watches and keep them to their duty.
And in as much as the maintaining and defraying the Charge of Such a watch will Require a much larger Sum then has bin here- tofore allowed for that Servicc.
Should therefore the Rule for Proportioning the Watch Tax be as it now or last agreed upon by the Justices in their Sessions Great Inequallity would nescessarily Ensue.
That therefore a Comitte be appointed to Attend the Justices at their next Sessions and Demonstrate this matter to them that so the Sum of the Highest Rate may be so far advanced that no Inequallity or Injustice may eusue, but Every one willingly pay and Contribute his Reasonable. Proportion in carrying on the
176
CITY DOCUMENT NO. 137.
aforesaid watch, which doubtless will be Readily assented to by them.
The Sundry foregoing Proposals Offred by the Select men were Sundry times Read, and Voted.
And that the Seleet men with m" John Dixwell and mr John Edwards be a Comitte to waite upon the Sessions at their next Adjorment and lay that affair before them.
Voted that the Seleet men be desired & Impowred to take care to provide Sutable watch houses, & watch men untill the Adjorn- ment of this meeting.
Voted that this Meeting be Adjorned to fryday the third day of May Next at three of the Clock after noon.
May the Third. The Inhabitants According to Adjornment being Assembled.
Voted that this Meeting be adjorned till to morrow morning Nine of the Cloek.
May the 4th. The Inhabitants According to Adjornment being Assembled.
Voted. That whoever shal keep any Cow going at large within the Neek of Boston Shal pay into the hand of Such Person as the Seleet men Shal appoint to Receive the Same, the Sum of fiue Shillings & Six pence per Annum to be Imployed towards provid- ing four Bulls to goe on the Comon from the first of aprill to the first of Novemb" and two Bulls from thence to the first of Aprill following, for paying the Cowkeeper, with Six pence per Head for a Certificate from the Said Receiver that the owner has paid the Said five Shillings and Six pence, And any Cow that Shal be found on the Common whose owner has not [427.] a Cirtificate as aforesaid Shal be by the Cowkeeper Impounded and the Owner pay before the' Said Cow be discharged three Shillings, and the Said Cow not Suffered to goe on the Common untill the Owner haue paid the fiue Shillings and Six pence and gained a Certificate.
And if any person has already paid any part of this Sum it Shal be allowed him.
Voted a Grant of Three Thousand & Seven hundred pounds to be Raised on the Inhabitants and Estates within this Town, for Releif of the Poor, Defraying the Charg of the watch, and other necessary Charges arising within & for the Said Town for the year Ensuing.
Whereas great numbers of Indians Negros & Molattoes haue of late accustomed them Selves to attend the Burial of Indians Negros & Molattoes, which praetise is of Ill tendaney and may be of great Inconvenieney to the Town if not prevented.
for Remedy whereof Ordered that all Indians Negros and molattoes Shal be Buryed halfe an hour before Sun Set at the Least and at the nearest burying place (where negros are usualy buryed) from the place they Shal be Carryed, thro' the most direet Lanes or Streets that lead thereto.
And no Indian Negro or Molatto Shal be Buryed on the Lords Day, Except in Exterordinary Cases, Leaue being first had and
177
BOSTON TOWN RECORDS, 1723.
Obtained from two or more of the Selectmen, And that one Bell only, and that but once tolled for the Buryall of any Indian, Negro, or Molatto, on pain of Twenty Shillings for Every breach of this Order. to be paid by the Master or Owner of any Indian Negro, or Molatto Buryed Contrary to this order, And by the Person ordering the Buryal of any free Indian Negro or Molatto in Contempt of this Order The like Sum of Twenty Shillings.
And Every grave digger or Sexton that Shal break in upon this Order Shal forfeit and pay the Sum of ten Shillings for every Offence being thereof Convict, before any one of His Majesties Jnstices of the Peace for Said County.
Whereas great numbers of Persons haue very lately bin Trans- ported from Ireland into this Province, many of which by Reason of the Present Indian war and other Accedents befalling them, [42S.] Are now Resident in this Town whose Circonstances and Condition are not known, Some of which if due care be not taken may become a Town Charge or be otherwise prejuditial to the well fair & Prosperity of the Place.
for Remady whereof Ordered That Every Person now Resident here, that hath within the Space of three years last past bin brought from Ireland, or for the future Shal come from thence hither, Shal come and Enter his name and Occupation with the Town Clerk, and if marryed the number and Age of his Children and Servants, within the Space of fiue dayes, on pain of forfeiting and paying the Sum of twenty Shillings for Each offence, And the Sum of ten Shillings for Every one that Shal Continue in the neglect or non-Observance of this Order, for and During the term of forty- Eight hours after the Expiration of the fiue dayes aforesaid So often as the Person offending Shal be Complained of and Convict before any Justice of the Peace within the Said County.
And be it further Ordered that whoever Shal Receive and Enter- tain and keep in his family any Person or Persons Transported from Ireland as aforesaid, Shal within the Space of forty Eight hours after Such Receipt and Entertainment Return the Names of all Such Persons with their Circonstances as far as they are able to the Town Clerk.
On Penalty of Twenty Shillings fine for the first forty Eight hours and Ten Shillings for Every twenty four houres he Shal be convict after the first forty Eight hours and so toties quoties.
Voted That it be left with the Select men to doe what they find needfull for Repareing the Batterys in the Town.
Voted that the Treasuror be Impowred to make use of So much of the apropriated money of the Towns as He Shal find needfull untill the Taxes come into the Treasury.
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