USA > Massachusetts > Essex County > Ipswich > The ancient records of the town of Ipswich: vol. 1- from 1634 to 1650 > Part 6
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Agreed with Robert Wallis, and Thomas Manning, the day and year abovesayd, that they shall keep fourscore hoggs, upon Plum Island, from the 10th day of Aprill next, untill harvest be got in and that one of them shall be constantly there night and day all the tyme, and they are to carry them and bring them home provid- ed those that owe them shall send each of them a man to help catch them, and they are to make troughs to water them in, for all which paynes and care they are to have twelve pence a hogg at the en- trance, 2s a hogg at midsummer, for so many as are then living, and 2s a hogg for each hogg they shall deliver at the end of harvest, and they are not to be abated for any pay for any hoggs under a year old the 10th of Aprill, and if any hoggs are left through their negligence, they are to make them good, and in case any die, they have liberty to take in to make up their number, and that none of them that put hoggs before them, shall take them away without the consent of most of those that so put hoggs before them, and if, not- withstanding the will take them away they shall pay them full pay as if they went the whole time, and in case any hogg die through poverty, the party that owe them having such information, he shall bear the loss of his own hogg and pay full pay to the keepers and whosever do not pay at the times of payment appointed or within 14 days, shail pay them half as much more as the bargain.
Robert R, Wallis Thomas Manning.
The 5th day of the first month 1639.
Agreed with William Fellows to keep the herd of Cows on the South side the River, to begin upon the 20th of Aprill next coming, and to end upon the 20th day of November following,He is to drive the Cattell out to feed before the sunne be half an hour high, and not to bring them home before half an hour before Sun set, And
he shall be lyable to pay, all damages done by any Cattell of the herd in Corne, which shall be occasioned through his neglect eith- er by leaving out such Cattell at night as were put before him in the morning; or by being absent from them through the day, In consideration whereof he is to have paid him fifteen pounds either in Corne or mony in this manner, viz: for every Cow he takes charge of 12d before he takes charge of them, and 1s 6d within 14 days after midsummer, and the remaynder of the mony, at the end of the term in mony or merchantable Corne of the best at the price that Corne then goes at: the owners of the Cattell are to allow men to help them each other Sabbath day, He is to deliver such Cattell as come over the River, back over the River every night. And for want of pay at the tymes aforesaid or within 14 days any person that shall be indebted unto him, it is ordered, they shall pay half soe much more, as the bargain. He is to take the charge of the Cattell, that come from the North side of the River, as soon as they are put over the River in the morning. William Fellows.
first day of January
Jis condition that the [ ] granted doe remain in [ ] in this towne the space of three years, after theyr grant or [ Į to leave it to the towne being paid theyr charge [ there be made from[ done with [ ] east end of the towne in the [ ] the fence of John Perkins the [ ] the marsh neare the Land of William [ ] fence to be finished by the first day of [ Jupon the penalty of flye «hillings for every [ ] that shall there be found unfenced [ done at the charge of all these that have Land within the said compass, equally according to the sev [ ] shares of Land, and by them also to be maintained: there is Liberty granted to all such persons to fell any trees for this use, as they shall find them most convenient upon any Lands ungranted: Mr. Norton's farme is to be exempted out of this order as by a generall consent.]
13th January 1639.
Agreed that all house lotts, gardens, and planting lotts [ 1 fenced by the owners thereof against all cattell except [ ] and that the owners of the sayd cattell shall not be h] to pay for any dammage theyr cattell shall doe therein,
Further it is agreed, that where many planting lotts are layd out together, if the major pt agree to fence them in, it shall bind all th_ rest to do the lyke both for manner and tyme, nnder the penal- ty of five shillings the rodd for every rodd they should doe.
Agreed that Mr. Apleton shall make a sufficient cart bridge over the swamp towards the Mill, to maintayne and repair the same, at his own charge for the space of seven years next following, in con- sideration whereof the town hath granted him about oue acre and half of ground, more or less, adjoyneing to his six acre lott to begin where his six acres begins and to run to the brook where that ends
13 January 1639.
Agreed that if any swine shall be taken within two miles of the towne, after the tenth day of Aprill next, running, the owners of such swine shall forfeit five shillings a piece for every such swine, the one half to the towne, the other to them that take them, provid- ed that s ch small pigs as are pigged after the first of February, shall have liberty to bee about the towne, not being liable to pay any damage in house lotts or gardens, but if any hurt bee done in house lotts or gardens, the owners of the fence through which they came shall pay the damage: The pigges have liberty until the 16th of August next.
If the sayd piggs doe hurt in planting lotts they shall pay duble dammage.
Also if any bigger swine doe hurt in corn, or in pticular mel.s meadows they sha 'I pay duble dammage penalty ].
Ordered that noe great cattell, except cowes and working cattell, in the night shall bee put upon the cow common, on either syde the River, under the penalty of five shillings for every offence, and in case that any other cattell shall stray thereinto, and the owner thereof fetch them not out, and put them again to the place where -shall go after one days warning, shall forfeit 2s for every offence.
Also it is agreed that whosover shall find mares, horses or oxen in the cow common two hours after sunrising and bring-same either to the pound or to the owner of the same, the said owner shall give to such a yty double recompence for his pains. The forfeits of 10s are to goe half to the towne and half to him that shall impound such trespassing cattell.
Ordered, that Mr. Payne, Mr. Tuttell and John Perkins the elder, shall see that a sufficient fence and gate shall bee made in the way to Jeffrey's neck over the creek to serve for this yeare, and the charges of it to bee laya upon the owners of the cattell, that go in the neck this year, this to bee done by the 20th of Aprill next com- ing.
Ordered, that all that have had land granted within the common fence, since that fence was set up, shall make up so much of the fence as they are enjoined to do by the first day of Aprill next, where they shall be appointed to do it by Mark Symonds and Thom- as Tredwell, or else they are to pay Vs for every rod not done by that time, and for those that have been delinquent formerly it is ordered, that Mark Symonds and Thomas Tredwell, shall distrain them; and the fence is insufficient, it shall be made up b. them that made it by the first of Aprill next, upon the forfeiture of Vs the rodd and in case the said Overseers bee negligent in their office they shall forfeit XXs a piece.
as the major part of the
within the common fence on
-
the River have agreed to make a fence the safeguard of the corn within the fence,and did also agree to pay twice so much as the doing of it was worth if it were not done by the day appointed, it is now ordered by the town that those persons, that shall not have done their proportion by the first day of Aprill shall pay the fore- said penalties. George Giddings and Thomas Howlet are to ap- point the place where to make their several parts, and to take or distrain, the forfeiture, and in case they be negligent in their office they shall forfeit XXs a piece.
The former order concerning felling of timber and firewood upon the common is repealed : and it is now agreed and ordered, that noe man shall fell any timber upon the common to make sale of: neither shall any man fell any tree for fuel without leave front the Constable, under the penalty of Xs for any such tree felled for timber or firewood: and if any shall fell timber for their own use, and remove it not from off the common or cleave it or saw it not within one yeare after the felling of it, it shall be lawful for any man to make use of the same.
Agreed that in all common passages, and in such ways as lead to yticular mens Landes, there shall bee sufficient gates sett up, by the last day of Aprill next, under the penalty of Xs for every de- fault: these gates to be sett up and maintained at the charge of those that have the benefit of them or such as desire them: Mr. Hubbard and George Giddings appointed to see the execution of this order on the South syde the River, and Mark Symons and Thomas Treadwell on the North syde, under the penalty of XXs for every default on theyr yt.
Agreed that noe Cattell but Steers above two yeares ould, shall goe in Jeffries neck this summer under the penalty of Xs for every default: Mares and Colts are also free without penalty.
It is ordered that all the Inhabitants of this Towne shall bring in a breife of all such Lands as they hold and how, whether by grant, purchase or exchange seyerally, and what evidence they have to show for the same; before the 20th day of this present month, unto Mr Thomas Firman's house, and there to leave them, that so the seven mien may consider of the same, and prepare all doubtful matters for the next generall town meeting, and there to have all doubtfull things debated and cleared, and soe confirmed And after- wards all Lands sufficiently bounded for the present and future peace of the inhabitants of this Towne, and in case any yson neg- lect to bring in the sayd writing according to this order at the place aforesaid; he shall forfeit unto the towne 2s 6d and for want of payment thereof of the Constable is to levy the same within one week, or else he is to forfeit 5s for every such default on his yt.
Agreed that each three yeare old Bulls, unwrought, shall have allowed 8 cows free of pay, from keeping and Bulls, and 2 year old Bulls 4 cows apiece free in consideration that the Bulls shall go with the herd till the first day of September.
Mr Brasye 4
Theoph: Sachwell 1
Jo: Perkins 1
Tho: Clark 1
Mr Boreman 1
J): Warner 1
Jo: Perkins 1
Edw Ketcham 1
Mathew Curwin 1
Jo: Webster 1
Newman 1
Mr Bartholmew 1
Mr Gardner 1
Reginald Foster 1
Jo Jackson 1
Avery 1 1
Hodges 1
Wm Fuller
Wm White 1
Ma Whipple 1
Mr Wade 1
Mr Norton 1
Mr Firman 1
Ro Payne 1
Varnham 1
Mr Wilson 1
Mr Baker 1
Mr Vincent 1
Goodman Smith 1
Mr Tredwell 1
Mr Wittingham1 Mr Wm Payne 2
Rich: Kimbole 2
Bacheler 2
Mark Symons 1
Alex : Knight 1
Robert Mussy 1
John Sachwell 1
Allen Perley 1
Daniel Warner 1
Mr Jo Tuttell 1 Stacye 1
Jo : Wyat 1
The 12th day of the first month.
agreement that is made with William Fellows is made .
Quilter and Symon Thompson to keep the heard of Cattell on North syde the River, and they are one man for every Sabbath day. and to receive the Cattell into their charge at Mr Norton's gate, and to deliver them there again at night
Mark Quilter Symon Thompsons mark Agreed with John Whipple to keep the heard of young cattell viz: four score and six from the 20th day of Aprill until the end of har- vest, and he is to put them out to feed half an hour after Sunrise, and not put them up till half an hour before Sunset, and to par all damages in Corn through his neglect, In consideration whereof he is to have fifteen pounds, to be paid 12d a head before he takes the charge of them, 12d a head 14 days after midsummer, and 18d a head at the end of the term. and in case there be more put before him he is to have for them after the same rate, and he is to have each other Sabbath day, a man to help him.
John Whipple.
Month the first, day 26th 1640.
Agreed with James Pitney and John Browne, the day and yeare abovesaid, that they shall keepe a herd of Swyne, soe many as shall be put before them at Castle neck and Hogg Island from the 10th of Aprill, untill harvest be fully ended, and they are to carry them and bring them back to the severall owners, yvided that the owners send each of them a man to drive them and bring them back and that they shall stand to all damage done in Corne, and that they shall put them up in the pen every night. In consideration!, wereof they shall have 401b. and if any hoggs shall be lost by their negligence they shall pay for them and they are to be there every night, except upon extraordinary occasions, and then but one of them to be absent, and they are to have Is in hand for every Hogg put before them, 2s 6 d for every Hogg at midsummer, and the re- maynder to make up 40lb at the time when they deliver them up, either in mony or merchantable Corne within 14 days after the tyme, or else they are to pay half soe much more a's the agreement and in case any Hogs be put before them they shall pay for them the whole pay except they fetch them away upon the Hogkeepers information of being soe poor that they are not like to live.
The mark P of James Pitney
John Browne.
Att a generall meeting of the freeman the 7th of July 1640.
Granted to John Perkins the younger, a ycell of Land, marsh an upland, lying beyond Chebacco River, right against his Island, cor tayninge about 70 acres, upon these two conditions following, to hit his heiros, and assigns,
First, If any plantation or village be made near unto the sai Lands within foure yeares, and the Towne see cause to grant thi Lande to that plantation, then the said John shall surrender th saide Lande being satisfied for his cost and charges expended upor the Lands, as two indifferent men shall judge equall.
2. Because there is much common ground adjoyning to the sai Lande which cannot be improved otherwise than in feeding Swyne and Cattle which are apt to trespass upon yyrities it is there fore yvided in this grant, that the said John shall secure this Lan from all sorts of Cattell (by fencing or keeping) without huntin. with Doggs. And if any damage be done by any sorts of Cattell the said John is to bear it, and shall not require any satisfaction of the owners of the Cattell, or of the herdsmen that keep them.
Feb. 10th. 1640. The have uppon Chebacco waye toward Labou in vane creeke, i granted to John Lee for this yeares only: the Land itself being settled for a highway, the Towne intending the by like grant he shall enjoy it, he giving no cause to the contrary .. it remaining in the Towne hands to give or not to give.
Agreed that the highway toward Chebacco beneath Hartbreak nill, and there about shall forever be repayred by the benefitt of . the grasse yearly growing upon the same, soe far as it will extend.
Mr. Symonds and George Giddings to order it for this yeare.
Granted that John Ieigh shall enjoy all the yfitts of the highway and all the common ground lyeing at the foote of Hartbreake hill, to him and his heires foreyer, he or they allwayes maintaineing the highway from Rocky hill to William Lampson's lott, and if there be any ground, that may conveniently be planted he hath liberty to plant it and secure it for himself. He alway leaving a sufficient highway for carting and drift.
Granted to Edward Browne, that his Land formerly granted and laid out shall be again laid out; within twenty rods of the same uppon the request of the sayd Edward Browne.
Granted to Mr. Norton a ycell of marsh bounded with a creek and his own farme not exceeding twenty acres.
Granted to Lionell Chute sixty acres of upland, and twelve acres of meadow next to Mr. Appletons farme, or some other place that may be found nearest and most convenient. To be laid out by George Giddings and Mr. Bartholemew.
Granted to William Whitred, a ycell of medow in the West mead- owes, not exceeding two acres, joyneinge on the East side to a par- cell formerly granted to him in that place, upon condition that he shall lay down soe much upland as shall be judged meet by George Giddings and John Whipple.
Granted to Edmond Gardiner that Mr Bartholemew and Mr. Boreman shall lay out the bounds of the planting lotts of John Per- kins Jun, and said Edmond, also of Thomas Clarks meadow; and if there be any left when the said Tho : Clarkes meadow is laid out according to his grant, the remainder is granted to the said Ed- mond Gardner, that he may have a war to the water side.
Power to lay out ways on the North side the River, was granted to Mr. Tuttle, Jo : Perkins sen. Robert Lord, and Corporal Gage. In yyrieties they are to desire the aid of the Magistrates. And on the South side to Mr. Symonds, Mr. Firman, George Giddings and Ser- jiant Howlett, under the penalty of XXs if the work be not done by May day.
Robert Lord chosen to be a lott layer.
The committee for making of a rule for setting of mens yyrieties in respect of variation from the grants, are Mr. Bradstreet, Mr Hubbard, Captaine Denison; Richard Lumpkin and Mr. Symonds.
January 11, 1640.
Captaine Denison, Mr. Firman, George Giddings, and St Howlett, are appointed to lay out four score acres of Mr. Tuttles farme to the
Comon which 80 acres are in exchange of certain ground, lying within the comon fence granted to him in the old wast book.
It is agreed that Thomas Clarke shall have liberty to sett downe Tan fatts at the end of his planting lott upon the two rodd- reserv- ed by the River.
Granted to Joseph Medcalfe, a ycell of ground at the West mead- owes lying between his meadow and his upland not exceeding ten or fifteen acres, if it be not judged inconvenient for the Towne when it is viewed by Goodman Scott and Goodman Kimball with the lott layers. This ground soe much more there as doth not in the whole exceed twenty acres was afterwards granted to the said Joseph Metcalfe.
Jan. 11, 1640.
Agreed that Ralph Varneham (for ringing the Bell, keeping clean the Meetinghouse, and publishing such things as the Town shall appoin',) shall have for his paynes, of every man for the year past. whose estate is rated under 1001b 6d from 1001b to 5001b 12d and up- wards, 18d the like for this yeare to come.
At or before the first winter meeting Jan. Ilth, if there were none before 1640.
Surveyors for this year are Mr Hubbard Mr Symons Mr Payne and Robert Andrews.
1. Agreed that road waves and generall wayes are to be done first.
2. That people work the whole day.
3. That defaulters shall forfeit the value of their wages double both Carts and workmen Carts to have reasonable warning
4. If any man hath 24 hours warning it is sufficient unless his ex - cuse be allowed by one of the Surveyors.
5. All youths above 14 yeares of age, are to work in this comon business. It is intended such as doe comonly use to work.
6. That the surveyors are to take notice themselves, and infor- mation of others of encroachments of all ways, and also of annoy- ances &c and to bring the same to the l'own to be punished.
7. For every days default the forfeit is in Summer 3s 4d, in win- ter 2s 6d for defect of a team each day is in Summer 13: 4d in Win - ter 10s.
The committee for furthering Trade amongst us are Mr Brad- street, Mr Robert Payne, Captaine Denison, Mr Tuttle, Mathew Whipple, John Whipple, Mr. Saltonstall. Amongst other things committed to their care were mentioned the putting up Buovs, Beacons, and providing of Salt, Cotton, sewing of hemp seed, Flax. seed, and Cards wver canes.
For encouraging of people to sow [ jand securing the same it is hereby ordered [ ] that every one that hath part in any Com-
mon about the Towne shall keep his part of fencing in good and sufficient repair at all times as well winter as summer under the same pe ] as is now in force for default thereof. And further it is ordered, that after harvest the Cow keepers shall have special charge given them to keep their herds in the marsh meadows and upland, unplanted, as much as they can till 20th of Octob, after which tyme, it shall not be lawful for any man to putt in any Cat- tell in the said Comon fields, under the penalty of 5s, a piece, unless the Towne make an order to give liberty for some tyme soe to do when snow is upon the ground, that the Cattell may eat the Indian cornstalks without spoyling the english corne Also it is ordered, that it shall be sufficient to agree upon the putting in or restrayn- ing of the Cattell into these Comon fields, upon the staying of the freemen after a Lecture from tyme to tyme.
There is a committee appoynted, with full power to dispose [of] the little Neck for the advancing of Fishing. The names be these viz: Mr Bradstreet Mr Hubbard, Mr Symonds, Mr Robert Payne, and John Whipple.
Agreed that the little Neck of Land, where the fishing stage is, shall be sequestred and sett apart for the advancement of fishing, and that the fishermen shall ther' have liberty to inclose it from the other Neck, where the Cattell goes: and it is agreed that every Boat that comes to fish. there shall have sufficient roome to make their fish in, as also every Boat gang shall have liberty to break up and plant an acre of ground, which they shall enjoy during the pleasure of the Towne. The like encouragement the Towne in- tends to give to any other Boat. that shall hereafter come to fish there, and it is the professed desire and agreement of those fisher- men that are already settled there, that those that shall hereafter come to fish there, shall have equal privileges there with them- selves. Also it is agreed that the fishermen shall have liberty to build them such houses as they will be willing to resign to the Towne, whenever they desert the place, and they are to have the places assigned them for building their honses, by some that the Towne shall appoyut ..
Jan. 15th 1640.
'The order about swyne fol. 2, standeth in force with these altera- tions followinge: the time of herdinge now is the first of April, the penalty 12d each swyne. Also this is added that if any be found in corne, from the first of March to the first of April the owner thereof shall forfeit 2s 6d a piece, and if they do more damage, to pay for the same besides.
Agreed for this yeare, that all under 1001b have liberty to put out 2 hoggs, all aboye 1001b to 5001b 3 hoggs, and all above 5001b 4
hoggs, under the penalty of Xs each hogg if more be putt out Every hogg is to be his own that puts it fourth : Xs forfeit upon him that shall lett or hire comons for hoggs.
Feby 10th 1640.
Mr Hubbard, Captaine Denison, Jo: Whipple, Goodman Gid- dings. Mark Symonds, Jo: Perkins, Sen, and Mr. William Payne are chosen for the Towne's business for 6 monthes yvided that they give noe Lands, nor meddle with dividing or stinting of the Comons.
Ordered that noe man shall putt Cattell into the Comon fence ground, after the first of March, upon the penalty of 5s for every offence.
Also that the Comon fences shall be mended up, by the first of March upon the penalty of 5s, for every rodd by the owner thereof Edmund Gardner and Marke Symonds are appoynted to look that the Comon fonce on the North side the River, be sufficient, and George Giddings and William Lampson on the South side. What is not sufficient they are to take the forfeits aforementioned, and to see that the fences be made sufficient, and if any damage come by their default they respectively shall make it good. All that have fencings shall mark out the same, and give in the marks to them.
Cattell whilst they work, shall have liberty to go on the Comon at night, Sabbath days, and wet days: and if they be found on the Comon 2 or 3 hours after or before the Sunn, they shall forfeit 12d a piece unless the owner can prove that he had lost them Mares and Horses that are ordinarily wrought or rydden shall haye liber- ty to go constantly upon the Comon,
FEBRUARY 10th 1640.
Mr. Hubbard, Mr. William Payne, Mr. Tuttle, St. Howlett and John Gage are chosen by the Towne and full power given to them on the behalf of Ipswich, to run the lyne and make the bounds, be- tween Salem and Ipswich.
Agreed that what Lands, Thomas Emberson shall want of his 80 acres (yielded to the Towne upon Rowley business) after the marsh is laid out to him, Mr. William Payne, and George Giddings shall allow him, in some convenient place.
The following copy was business pertaining to the Jurisdiction of the Ipswich Court, and was recorded in the same Book, with the Records of the town of Ipswich.
Anno 1640 1 foj. 50.
The Record of Sales, Mortgages and Exchanges &c of the Land within the Towne's, pertaining to the Jurisdiction of Ipswich Court.
.
William Whitred of Ipswich, Carpenter, hath mortgaged to Wil- liam Tyng of Boston, Merchant, all that his house and lott. con- tayninge about two acres: 6 acres in the Comon fence, 12 acres of meadow in the West meadows, and 20 acres of upland by Egypt River with the appurtenances.
The deed dat the 3 of November 1639.
The condition for satisfaction in one year, Capt coram Simon Bradstreet Oct 17th 1640. Recorded the same daye.
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