USA > Massachusetts > Suffolk County > Boston > Second report of the record commissioners of the city of Boston, containing the Boston records 1634-1660, and the book of possessions > Part 8
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It is graunted that those Lotts formerly graunted to our twoc Elders, Mr. Oliver and Mr. Leverett, in the full proportion of land as it now lieth, shall, by this order, be confirmed unto them, although their Lotts doe amount to a greater quantity of land than was intended at the graunting thereof.
Our brother Mr. Richard Parker and our brother Everall are appoynted survaiors for the new feild by sentry hill for this present yeare ; And the streete to goe up to the same is to bee reserved for the towne's use.
William Courser, our brother, hatlı leave to sell his howse to Gawen Andersonne, of Rocksburie.
That pareell of ground at Long island, formerly graunted to our brother Talmage, be it more or lesse, according to his graunt is now Consented unto that our brother William Wilsonne shall have it, paing to Goodman Tarne for the labor he hath bene at upon the same.
It is ordered that if any hogges be found not sufficiently yoeked by the 7th day of the 2d mo., 1641, that the owner of such hogges or swine shall pay for every hogg or swine soe taken up, or found, halfe a bushel of Corne. And that the same hogg or swine is to bee keept in the pound 24 howres, and if it be not owned by that time then they are to be sent to Deare Island, and not to be fetched thenee untill full satisfaction be made, viz. : 3d. for pounding and for earege, and for wrong done, if any bee.
[53.] It is also ordered that if any goates shall be found without a keep after the 14th day of the next moneth, being the 2d moneth, that the owners of them shall forfett for every goate soe found halfe a bushell of Corne, and 3d. for pounding, where they are to remaine 24 howres, namely, in the pound, and if not owned by that time, then to be sent to deare Island, where they are to remayne untill they have given full satisfaction.
Noe man is to suffer any wood or other timber to lie in the streetes above 4 dayes, but upon there owne ground, upon the forfeture of 4d. per day for every load of wood or timber found soe lieing.
The 26th of the 2d moneth, 1641.
Att a meeting this present day by Richard Bellingham, Esquire, deputie Governor, John Winthrop, Esquire, Captaine Edward Gibones, Mr. William Ting, senior, Mr. Nuegate, Mr. Coleburne, brother Eliot, and William Hibbens.
Our brother Mr. Wentworth Day hath graunted unto him 100 aeres of land for his greate Lott at Muddy River out of a parte of that land which was appoynted for the Comune.
It is also graunted to our brother James Jonson, our brother Buttoll, and Goodman Tarne, to make use of a rodd a peeee of land, namely : three rodd in the whole, adioyning unto Wm. Hib- bins, his garden pale on the one side, and soe over towards our Elder Oliver's little howse, and downe to the Creeke eastward, and up to the high way westward to make use of for dressing his leather, not (misuseing?) the same, soe be it bee not noysome to any
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BOSTON TOWN RECORDS, 1641.
of the neighbowrehood. and to hould it untill the towne doe require them to yeild up the same.
There is graunted to our elder Leverett twoe aeres, or there about. of marsh or meadow, lieing upon Charles river, abutting on the Creek that partes Cambridge and Boston.
There is graunted to our brother Henry Webb to purchase 3 aeres of marsh at muddy river, yf it be there to be had.
William Hibbins hath Confirmed unto him that fresh marsh which was formerly graunted him at muddy river, valued at 10 aers formerly, but proveth to bee about 18 aeres, bounded with a rocke on the one side, and a great swampe on the other.
This 27th of the 3d moneth, 1641.
Att a generall Towne meeting, upon publique notiee, Mr. Wil- liam Tynge, Treasurer, and M. William Hibbens are Chosen Deputves for the service of the next generall Court.
Also at the same meeting, MT. Bellingham, Deputy Governor, MIT. Winthrop. esqre, M. Tynge, Treasurer, Capt. Gibones, Mr. William Hibbens. William Coleborne, Jacob Eliott, James Penne, and John Oliver, are chosen to order the Town's oeeasions for these six months next ensueing.
The 31st of the 3d moneth, 1641.
Att a meeting this present day, by Richard Bellingham, Esq're, Governor. John Winthrop, sen'r, Esq're, Mr. William Ting, sen'r, Captaine Edward Gibones, Mr. Coleburne, brother Jaeob Eliott, brother James Penn. brother John Oliver and William Hibbins,
John Serch is admitted a townsman, he behaveing himselfe inoffensively.
[54.] Upon the heareing of the Cause in difference betweene our brother. M. Atherton Howgh. one the one side, and our brother William Cheseborowe, brother Write, with others of our breethren and freinds at the mount on the other side, Its eonsented and agreed unto by our brother MT. Howgh, to and with our breeth- ren and friends at the mount aforesaid. that our brother Mr. Howgh. for his parte, doth yield up all Claime in that marsh which
in his neek of land at the mount, contayning about 60 aeres. unto the sayd Claimers thereof. And our brethren and freinds there aforesayd doe eonsent and agree that our brother Mr. Howgh shall enioy peaeeably to himselfe and to his assignes forever all that necke of land adioyning to the sayd marsh aforesaid, ae- cording to a former order entered in this booke to the same purpose.
Its ordered by us, who for the time present are appoynted for the ordering of the affaires of the towne, that all those who have land in sentry hill feyld, either upland or marsh, shall pay for every acre they there hould, after the rate of 1s. an aere, towards the mayntaining of the fence thereof.
Its ordered that all dry eattle shall be driven of the neeke, and not be suffered to abide there, except Riding horses and draught by the 5th of the 4th mo., 1641.
Our brother John Davies and our brother Tho. Buttolph shall agree with a Cowe keep for the towne for the present summer.
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CITY DOCUMENT NO. 46.
Our brother Samuell Sherman hath graunted him to mow that parte of marsh in the neck this present summer that hee inowed the last.
Our brother Robert Turner is graunted that land which lieth betweene his lott and Cambridge nue line, soe fare as the lemyts of his lott retcheth it lieing along by the side thercof, and noe further.
The 28th of the 4th moneth, 1641.
Att a meeting this present day of Richard Bellingham Esq're, Governor, John Winthrop, Esquire, Capt Edward Gibones, Wil- liam Tynge, Treasurer, William Hibbens, William Colbron, Jacob Eliott, James Penne, John Oliver.
It is ordered that our brother IIenry Webbe, bro. James Penne, and Bro. Stodder shall take up the accounts of Mr. John Coggan.
It is ordered that our bro. Everill and our bro. Burden shall have leave to sinke a pitt att the upper end of the wharfe, before our bro. Burden's house, and to Putt a vessell therein (so that they cover the same) to water their leather in ; and if it be found an annoyance to the Towne, then they are to fill it up againe.
To our bro. Tho. Scottua is granted a small quantity of salt marish lying betweenc his great lott and Charles River.
[55.] The 26th of the 5th moneth, 1641.
At a meeting this present day of Richard Bellingham, Esquire, Governor, John Winthrop, Esquire, William Tynge, Treasurer, William Hibbens, William Colbron, Jacob Eliott, John Oliver.
Robert Wing hath graunted to him 20 bushels of Indian Corne, for looking to the lowe water marke in Centry feild this yeare, to be paid him by the acre.
It is Ordered that the Constables of Boston shall pay tliose workemen that were employed about the way at Rumney marsh, betweene Winnesemett and Lynne, at 1s. 6d. a day ; if it be payd in Indian Corne, they are to have it at 3s. a bushel.
Anthony Stanyarne is graunted to be a Townsman.
Our brother John Oliver is chosen Treasurer for the Towne, and to keep the Towne's booke.
It's agreed that our bro. Beamsly is to be payed for 10 rods of Causway done by him on the further side of the bridge at Rumney marsh, at Gs. per rodde, together with a small parcell of worke on the hither side of the said Bridge, which cometh to 1s. 6d. ; in all, £3 1s. 6d.
Henry Stevens is graunted to have a great lott at mount Wollas- ton, alias Brayntry, for five heads.
The 27th of the 7th moneth, 1641.
At a meeting this day of Richard Bellingham, Esquire, Governor, John Winthrop, Esquire, William Tynge, Treasurer, Captaine Gibones, William Colbron, Jacob Eliott, James Penne, John Oliver.
It's agreed that for the maintenance of the high wayes, the Richer sort of Inhabitants shall afford three dayes' worke of one man
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BOSTON TOWN RECORDS, 1641.
(except such as have Teames) ; the men of middle estate, two daves worke ; and the poorer sort one day, to be Ordered aeeording to the Discretion of the surveighours for the high wayes; and every Teame in the Towne is to afford one daye's worke, under the Penalty of 2s. a day for each man that is defeetive in Affording his helpe according to Appointment, and Ss. per day if earts be defeetive : to be Levyed by Distresse by the Surveyghours of the High-Waves.
It's Agreed that William Tynge, Treasurer, and James Penne shall Rectify the Aeeounts Coneerning Charge of Fencing in the mill feild. and allow to Each man an equall Proportion, aeeording to their Charges expended.
David Phippen is admitted to be a Townsman, and to have a howse lott. if it ean be found.
There is an house-lott graunted to John Search neare unto the house lott of Robert Walker.
There is granted unto Job Judkin to have a great lott for five heads at Mount Wollaston alias Braintry.
There is granted and sold unto John Bigs (for forty shillings, already payd by Worke about the magistrate's seat) a pareell of marish ground lying in the Sentinell-hill-feild. eonteyning one acre and halfe. be it more or lesse, bounded with the salt water shore toward the North W. ; with a salt Creeke towards the North ; with Land belonging to John Leverit. parted by a Diteh, towards the East : with the upland adjoyning toward the West and South West : to belong unto him. and his heyres for ever.
This 29th of the 9th moneth. 1641,
At a meeting this day of Richard Bellingham, Esquire, Governor, John Winthrop. Esquire. William Tynge. Treasurer, William Col- bron. Jaeob Eliott, James Penne, John Oliver.
Samson Shore is Admitted to be a Townsman.
It's Ordered that the Constables shall Pay unto Robert Turner for diet for the Townsmen £2 18s.
. [56.] There is Granted unto John Palmer, Sen., an Allot- ment at Mount Wollaston, alias Braintry, for two heads.
Edward Arnold is Admitted to be a Townesman.
Its Ordered that the Constables shall Pay unto John Bigs six pounds, six shillings, ten pence, for worke about the Magistrate's seat.
There is granted to Valentine Hill, of Boston, Merchant, and to his Associates, their executors, administratours and assignes, all the wast ground (common highway and proprieties reserved) from the Point of the Marish betweene Mr. William Tynge's Palle and John Lowe's howse there, as it is now staked out, to the uppermost Corner of M'. Edward Tynge's Proprietie neare the key. already staked out, and so round by Edward Bend- alle's to the Point fore mentioned, for so many yeares as the Charge they shall bestowe in Purchase of their neighbours their late wharfinge. and in Building, making and repairing sueh wharfes, creekes or coves within this five yeares now next Comming shall amount unto. accounting after nine yeares' time to be allowed for,
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CITY DOCUMENT NO. 46.
one hundred pounds, and rateably for all the charge so to be be- stowed, as aforesayd, this terme to begin at the expiration of the sayd five yeares. And the said Valentine Hill and his Associates, their executours, administratours, and assignes, are allowed to take 'Tunnage of all such vessels and wharfage of all such goods as shall there arrive, or make use thereof during the sayd termes Provided that all such whose grounds doe butt on the wast ground above granted, or high wayes there, shall be free to import, land and export within this jurisdiction (except by way of merchandize), all their owne goods, wood, timber and other things being originally of this jurisdiction, without any charge, during the terme before granted, so that the vessells stay not in the coves nor creekes delivering, nor the goods remain upon the wharfe, above forty-eight houres.
And it is also agreed that such warehouses or other houses as they shall erect during their terme they shall be allowed for by the Towne, after such Rate as they shall be vallued to be then worth without Respect of the Place. And it is also agreed that such wharves as they shall make there, they shall leave in good Repaire, and so as they may be of use to the Towne at the end of the time. Provided that if they or their excequators or Assignes shall Resigne and give up the same to the Towne three yeares be- fore the end of their terme, then they shall not be charged with Reparation - Provided they shall not hereby have liberty to Pull downe or demolish the same or any part thereof. And it is also agreed that the said Grantees shall within the space of two yeares next ensueing sufficiently wharfe, and from time to time keepe in repaire the ereeke next unto George Burden's house, fitting for the lading and unlading of a lighter of twenty tunne in ordinary Tydes on either side thereat. - And it is also agreed that they shall not take tunnage or wharfage of any boates or goods but at such times as the wharfes and eoves shall be usefull for such vessells as shall then arrive, nor shall hinder the ladeing of any goods upon any such part of the eove where they shall not bestowe any an- swerable eost of wharfing. And it is further agreed that it shall be lawfull for any of this Towne to passe to and fro in their ships or small boates without paying any thing, so as they doe not lay or leave the sayd boats to prejudice the sayd Grantees for the passage of any other greater vessel, or the ladeing or unladeing of [57.] any merehandize, or other goods by which they are to Receive benefitt. Provided allso, that if Mr. Edward Tynge shall within five yeares now next eoming, wharfe in that part of the waste betweene the inside of the erosse wall and Mr. Hill's wharfe end, being in length seventy-four foote, or thereabout, being allready marked out, He shall then enjoye to him, and liis Assignes, the sole libertye of tunnage, and wharfage, by and upon the same without contributing to any other charge, and in Consideration thereof the sayd Grantees are to have their nine yeares made up tenne for every one hundred pounds bestowed as aforesayde, and if he shall not wharfe the same within the sayd five yeares, then the sayd Grantees may doe it as the rest.
This 6th of the 10th moneth, 1641.
At a generall Towns meeting upon Publique Warning.
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BOSTON TOWN RECORDS, 1641-2.
There are Chosen for the Affayres of the Towne for these six months next ensueing : Richard Bellingham, esqre, Governor, John Winthrop. esqre. William Tynge, Treasurer, Captaine Gibones, Williame Colbron. Jacob Eliott, Valentine Hill, James Penne, John Olivr.
This 10th of the 11th moneth, 1641.
At a generall Townsmeeting, upon waruing from house to house.
It's agreed that for the making of the high wayes at Romny Marish now ordered by the Court, each man in particular through- out the Towne shall afford their helpe, in six severall Companyes, at the appointment of William Tynge, Treasurer, Captaine Gib- ones, Captaine Keayne, John Newgate, Samuell Cole and Joh. Oliver.
.It's Ordered that Deare-Island shall be Improoved for the main- tenance of a free schoole for the Towne, and such other Occasions as the Townsmen For the time being shall thinke meet, the sayd schoole being sufficiently Provided for.
It's Ordered that notwithstanding the order made (concerning the disposing of Lands in this necke) in the 4th of 10th, 1635. vet for peace sake. and for avoyding of confusion in the Towne. many Lands having bene bought and sould at deare rates. the Rights of all Lands disposed of shall belong to the ppr. owners of them, as they should have done if the afore former order had never bene; and the sayd former order is hereby repealed. Provided that this Order shall not coneerne such marish ground as hath bene let from yeare to yeare.
It's ordered that there shall be noe more Lands granted unto any Inhabitants that shall hereafter be admitted into the Towne, unlesse it be at a generall Townsmeeting.
It's ordered that the 9 men shall, according to the present need of the Towne. appoint the summe and the partieular Assessments of a Towne Rate.
Captaine Gibones, Valentine Hill, Henry Webbe, and Anthony Stodder are chosen to Trade with the Indians, according to the Order of the generall Court.
This 31st of the 11th moneth, 1641.
At a meeting this day of Richard Bellingham, esqre. Gover- nor, John Winthrop. esqre, William Tynge, Treasurer, Capt. Gibones. William Colbron, Jacob Eliot, Valentine Hill, James Penn, John Oliver.
There is granted to William Briskoe to have an Addition for one head to his Lot formerly granted at Mount Wollaston alias Braintree.
It's Agreed for the satisfaction of John Ruggle, senior, [58.] concerning 7. 15s. 5d. charges in building expended at Deare Island, That Capt. Gibones (who hath undertaken it) shall pay the sayd sume to our Bro. Ruggle, and in liew thereof shall have the present use of the sayd Iland untill the Towne doe let the same,.
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CITY DOCUMENT NO. 46.
and then the said sume of 77. 15s. 5d. is againe to be repayd unto him by the Towne.
Jolin Gutteridge is admitted to be a Townsman.
Richard Taylour is admitted to be a Townsman.
Edward Weeden is admitted to be a Townsman.
The Land of Henry Webbe formerly granted, conteyning two hundreth acres, belongeth unto him, as it is now layd out at Brain- try, be it more or lesse, being bounded with Lands as yet in Com- mon toward the North and East; with the Land of Robt. Skot toward the South ; with Monotocot river toward the west.
The Land of Robt. Skot formerly granted, conteyning in quan- tity two hundreth acres, belonging to him as it is now layd out at Braintry, alias Mount Wollaston, being bounded with the Lands of IIenry Webbe toward the North ; with Lands as yet in common towards the East and South; with Monotocott river toward the west.
Richard Knight is admitted to be a Townsman.
William Tynge, Treasurer, and Valentine Hill are appointed to Take order concerning the Payment of Robt. Wing for attendance the last summer upon the New feild, and of Richard Parker, and James Browne for their charges about the lowe water mark in the new feild, and to returne what they have done in it at the next Towns-meeting.
James Hudson is admitted to be a Townsman.
John Leveritt, in Consideration of garden Lot granted to him in the new feild, doth grant unto John Hurd and howse plat betweene the howse plats of Robt. Hull and William Plantayne.
This 7th of 12th moneth, 1641.
At a meeting this day of John Winthrop, Esqre, Governor,* William Tynge, Treasurer, Capt. Gibones, William Colbron, Jacob Eliot, Valentine Hill, James Penne, John Oliver.
There is granted unto Robt. Reynolds three acres of marish at muddy river, for which he is to pay six shillings eight pence unto the Towne, according to what he should have payd for that parcell of marish which was to be purchased by him at hog Iland, but is now sold unto Thomas Marshall.
There is liberty granted unto Leonard Buttle to sett up another lime kilne (by that which he hath allready sett up neare fox-hill) at the direction of Capt. Gibones, provided he shall have no propricty of Land there by vertue hercof.
This 17th of 12th moneth, 1641.
At a meeting this day of Richard Bellingham, esqre, Governor, John Winthrop, esqre, William Tynge, Treasurer, Capt. Gibones, William Colbron, Valentine Hill, John Oliver.
It's ordered that the high way from Jolin Lowes howse, by the cove side, unto George Burden's Howse shall continue as it is layd out this day, vizt. : from a pile, marked this day, at the north end of the crosse wall, in a strait line to a place marked with an axe on the Timber of the creeke sett up by [59] John Button ; from
* Thus in the original.
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BOSTON TOWN RECORDS, 1642.
thence in a strait line to a stone by the creeke side two rods in breadth from William Hudson, Junr., his gate post ; and from thence unto a place marked with an axe on the Timber at the head of the creeke nigh George Burden's howse.
This 28th of 12th moneth. 1641.
At a meeting this day of Richard Bellingnam, esqre, Governor, John Winthrop, esqre, William Tynge, Treasurer, Capt. Gibones, Valentine Hill. Jacob Eliot, James Penn. John Oliver.
It's ordered that Hngh Gunnyson shall be propounded to the Conrt. to have liberty to keepe an ordinary with a Cooke's Shop.
James Penn and John Oliver are appointed to view the marish which James Johnson desireth to buy of the Towne, and to report unto the next meeting the quantity and manner of the lying thereof.
John Peirce is admitted to be a Townsman.
It's Ordered that the Constables shall pay nuto Arthur Perry 47. 10s. for his service in drumming the last yeare, ending this present dav.
It's ordered that the Towne shall pay the Towne's Rate, now last Assessed. in Indian Corne, at 3s. per bushel, and Rye at 3s. 4d .. and wheat at 4s. per bnshell.
It's ordered that William Tynge, Treasurer, and John Oliver shall forewarne Dorchester men from making use of any of the hills of npland in the marish beyond Naponset River by felling Timber upon them. or otherwise, and to demand satisfaction of them for what Timber they have already felled on them.
The Towne having considered the great Damages done by goates unto gardens, orchards, and cornefields ; the great grievance that often ariseth among the Inhabitants by reason of them, the many orders made abont them, and yet altogether ineffectual, Doe there- fore ad[v]ise that whosoever now keepe any of them shall take course to put them off, seeing that the Towne is resolved to make an order for the remooving them altogether from this necke at theire next meeting.
Richard Dexter is admitted to be a Townsman.
It's Ordered that noe man shall dig any more clay in the high way toward Rocksbury by Jacob Eliot's Orchard Palles, under the penalty of 10s per load, and so rateably for all clay which men dig there. And it is also ordered. for the preserving of all high wayes in this Towne, that none shall dig any sand or clay in any of them, under the penalty of 5s. per load.
This 4th of 1st moneth, 1642.
At a Generall Towns meeting upon lawfull warning.
It's ordered that the residue of the Townes Lands not yet dis- posed of (excepting those that are layd out for commons at Boston, Braintry and Muddy River) shall be devided amongst the present Inhabitants (together with such as shall be admitted within two months now next [60] following), and that in this manner, vizt. : a greater Proportion to them that have had lesse than their due, and the lesse to them that have had more, and proportionable
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CITY DOCUMENT NO. 46.
to them that have had none ; and this is to be done by the seleet men, chosen for the Towne's businesse.
This 28th of 1st moneth, 1642.
At a meeting of Richard Bellingham, Esqre, Governor, John Winthrop, Esqr, William Tynge, Treasurer, William Colbron, Jacob Eliot, Valentine Hill, John Oliver.
It's Ordered upon the Considerations layd downe in an Order made about goates the last meeting of the select men, that all In- habitants of this Towne shall remoove all their goates from this neeke by or before the next seeond day of the wecke, and never more to keepe any of them upon this neeke, under the poenalty of 3s. 4d. a goat for every goat seene abroad from this day forward. And whereas divers brethren plead necessity of milke, they may repayre unto Riehard Fayrebankes, who hath promised to give his endeavor in dealing with sueli as have milke to sell, and to direet them where they may be provided for.
It's Ordered that the Constables shall supply the present necessity of Robt. Wing with 5 bushells of Indian Corne, in Consideration of his service in keeping the new feild the last yeare, which eorne is to be repayd unto the Towne by the owners of Land in the sayd feild. :
John Bigs and William Briskoe are appointed overseers of the eommon fence at muddy river, aeeording to the order made on the 26th of 8th mo., 1640.
It's Ordered that the eonstable shall pay unto Robt. Turner for Dyet, beere, and fire for the seleet men, 18s.
Ralph Gulthrop, Jacob Chapman, William Toy, and Benjamin Thwing are admitted to be Townsmen, together with John Baker, William Burnell, James Hudson, Robt. Williams, William Frank- ling, Jun., Daniel Briskoe, Tho. Blott.
It's Ordered that Richard Parker and James Everill shall have power to demand 1s. per aere of every one that hath eorne ground in the new feld, for feneing, set up at low water marke by James Browne and others the last yeare ; and in ease of refusall of pay- ment, to require the helpe of the eonstables to Levy the same.
It's Ordered that James Everill shall set downe the street fenee of his garden aeeording to Direction of William Tynge, Treasurer, and John Oliver.
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