USA > Massachusetts > Essex County > Ipswich > The ancient records of the town of Ipswich: vol. 1- from 1634 to 1650 > Part 8
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'This Declaration extendeth not to house lotts, uor to any eu- croachments npon any highways.
Granted to Roger Chesson 4 acres marsh at Chebacco.
Granted to William Simonds (if it be there) 6 acres of upland,
Granted to Joseph Medcalfe, 8 acres of marsh betweene Thomas Firmans farme and Hogg Island.
It is ordered and voted, that in case any of the yties aforesaid : the 4 ysons aboye excepted) do refuse to accept of such Lands as is granted them, or that it be not there to be had. that the Towne do not hold themselves bound to yvide for them elsewhere.
Ordered that John Tuttell, George Giddings, and Moses Pengree. shall have full power to give unto John Gage such Lands as may answer his losse, by the way through his XXs beyond Egypt River.
Granted Thomas Howlett, a ycell of Lande within the Comon fence betwixt George Giddings,Mr. Firman and Ths Howlett, con- tayninge 3 acres or thereabouts, with liberty of woodcutting for any. within two yeares except 12 trees marked, yvided they carry them away within one month.
Granted to Thomas Low, ten acres of upland at Chebacco, next his ten acres there, in exchange for 10 acres due to him by giant unto Mr. Rogers company near the three miles brook by Mr. Apple- ton's farmo.
Granted to Edmund Bridges to enlarge his yard as it is staked out:
Also a planting lott of six acres at the head of Soldiers Lande, six acres of meadow at the West meartowes, if it be there to be had, to be sett out by the 10th of March, else the grant be voyde. Also 20 acres neare the poor mansfields where it may be least prejudic- all to the Comon, yyided if he remove within three years, he is to lay it down being paid for bis cost or if he remove within seven years if it be judged he depart without just ground: to be laide and sett out by Moses Pengree, Mr. Willson, and John Gage.
Granted that Goodman Wallis, shall have 10 acres of Land there- abouts in lieu of his upland at Chebacco to be laid out by the seven men.
July 6th 1641.
Mr. Tuttle his late farme hath been measured and the measurers find overplus 83 acres: Also another piece of ground about 20 acres they finde overplus, this lyeth adjoyning to the Lande of Mr. Wade, after ten acres in the hundred, the Towne hath allowed, and what is more, the Towne claimeth as its own.
Decemb. 3, 1641.
Mr. Appleton hath promised the Towne to have a mault house ready by the first of April next, and to mault such corne as shall be brought to him from the people of this Towne, at such rates as shall be thought equall from tyme to tyme. And noe man (except for himself) is to have any made elsewhere for the space of 5 years next ensuing.
Accompts, and what tends thereunto Decemb. 3, 1641.
Agreed that what was due to the workmen forr the new Bridg, before the late repairs thereof, and also what is due for the late re- paire, shall be paid by the next rate the total of which sumes amounts unto i0lb 11s 8d.
Liberty granted to Mr. William Payne to build a warehouse and wharf the conditions left to further consideration.
It is ordered that Mr. Wilson, Mark Symonds, Robert Lord, Mr. Gardiner, Joseph Redings. and William Lamson, and they onely, shall have power to impound Swyne off the Comon, and that Mr. Wilson is the Pound keep and shall have a penny a head for pound- age out of the forfeits: The ytye impoundinge after ten hours
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space, shall yvide food and water for the cattell. 7d is now the for- feit for each swyne. Those that are appovnted to impound Hoggs on the South side the River, if they cannot readily bring them to the pound, the delivering them to the owner, or driving them home to the house, the owner, shall be liable to pay the forfeit,
Ordered if Colts or young Cattell, shall stray from farmes or other places into the cow Comon and the owners thereof remove them not to the place where they used to goe within one day after no- tice given thereof, they shall be liable to forieit 12d a piece to any of the 6 men that shall impound the same.
Also that noe mangy, or infectious horse or beast shall be put upon the cow Comon under XXs penalty for every offence.
It is ordered, that if any Inhabitant of this Towne, shall sell or exchange any house or Lands, more or lesse, or house lott, he or the buyer shall, enter the said sale or exchange into the Town book under the penalty of 13s 4d for every default. The purchaser is al- lowed a month to bring in his evidence, and the Recorder a month after for the entrance.
1641.
Granted to John Hoyt, six acres of planting ground at the Mile brook, having the Mile brook on the South, Ipswich River on the Northwest, a planting lott of John Danes on the Northeast, and the Comon of the Towne of Ipswich on the Southeast, to have and to hould the said six acres, to him the said John Hoyt, his heires, and assigns forever
11 month 1641.
Upon complaint and information of [ ] bath been made of
Timb. not for any necessary uses, but for some other ends [ 1 prohitted, it is therefore ordered that noe [ ] shall hereafter fell any timber or firewood ] leave from Goodman Whipple, Goodman Howlett, Mr. Firman and Goodman Scott, or any three of them under their hands. And whosoever shall fell any tree or trees otherwise, than as aforesaid, he shall forfeit Xs for every default. And whosoever shall not make use of the Timber granted him within one year he shall forfeit [the] same unto the Towne, and it' shall be lawful for Goodman Whipple and the rest aforenamed, to dispose it as aforesaid, and it is further ordered, that Mr. Gardi- ner and William Lampson, shall have full power to require and levy all forfeits and defaults, that have been made against the for- mer order, or shall be made against this, and shall have 3s 4d out of every forfeit
9th 12th 1641.
It is ordered, that from henceforth, whosoever shall suffer any of his Doggs to come into the Meetinghouse, (whereby disturbance may be made) upon any Sabbath dayes, or Lecture dayes, betweeno 12 of the clock and three, he shall forfeit vid. for every such Dogg soe coming and being there.
And upon refusal to pay it, it shall be lawful for Robert Lord to distrain for the same.
Whereas through mistake in casting up the quantity of the Com- on fence, on the South side the River, there is a matter of 60 rodds as yet undone It is now ordered. that Mr. Hubbard, George Gid- dings, Goodman Andrews and Sergeant Howlett, shall have full power to make up the fence remayning to be done, and to propor-
tion every one to beare his part in the change, (eyther in worke or otherwise) as the said Committee, they shall have power to dis- train for the same. And also the said Committee shall have power to inquire who are behinde in their payments, for the work already done, and upon refusal to make satisfaction to the Committee they shall have power to distrayn for the same, the Committee to give accompt thereof to the due owners.
17th of the 12th mo. 1641.
It is ordered that whosoever shall kill a Wolfe within this Towne shall have [ ] and the skin for his paynes, yvided that he bring the head of it to the Meetinghouse, and there nayle it up and give notice thereof to the Constable whom we appoynt [ ] in his book a due remembrance thereof [ £ ] the clearing of his accompt to the Towne. Also for the better destroying, or fraying away Wolves from the Towne, it is ordered that by the first day of the 7th month next ensuing every householder, whose estate in the rates doth amount unto 5001b and upwards, shall yvide and kepe a sufficient Mastive Dogg, or such a one as shall be allowable: every house- holder rated 1001b to 500 1b shall pvide and keep a sufficient hownde or beagle, to the intent that they be in readiness to be hunted and employed for the end aforesaid, according as the Towne from tyme to tyme shall appoynt. And whosoever shall neglect to vvide & keepe such a Dogg as hereby is enjoyned. for every month for neg- lecting he shall forfeit 12d to the Towne, and for refusal to make payment it shall be lawful for Robert Lord, to distrayne for the name. who shall have one half for his paynes.
Forasmuch, as much hurt hath been done by fire, through the neglect of having Ladderss in readiness at mens houses, and also by the insufficiency of Chimnies and due cleaning of them, where by damages is not only done to the owners, but consequently to the Towne alsoIt is hareby ordered that every house holder shall yvide and constantly have in readines a sufficientLadder of 20 foote longe at his house. Also it is ordered, that Robert Lord shall seasonably from time to tyme, survey all suspected Chimnies, and if he sball finde any defiectiveness soe as the same be indangered to be fired, for that the timber or wood wanteh sufficient covering, or for want of cleansing he shall make speedy report thereof to the Towne, to the end such offenders be fined according to the quality of the of- fence, to the utmost extent of the power of the Towne.
It is ordered, that whosoever shall leave any carrion undisposed of the space of 24 hours, whereby wolves may be drawn or pecple annoyed shall forfeit. 5s.
Whereas there is much complaint and a thing too evident, that diyers men when they repaire their fences, about the Towne streets in doing of it doe encroach upon the highwaysand what it is to re- move the bounds, is not unknown, and besides its being a thing leading to comon prejudice.
The towne declareth that it shall be duly looked into for the rectyfying of what is past, and prevention of such evils for the fu- ture. It is further declared that whosoever have sett out his fence beyond the place formerly sett without the knowledge and ap- probation of the towne [ ] remove it notagain [before the 1 28th of May) in [ ] the place where it did stand he shall further im [ ] into and the matter rroceeded in as the case shall require.
The names of such as are Comoners in Ipswich, viz: that have right to Comonage there: the last day of thelast month 1641.
Mr. Richard Saltonstall
Mr. Nathaniel Rogers Mr. William Hubbard Mr. Giles Firman Mr. Knight Thomas Howlett John Proctor
Mr. Symon Bradstreet
Mr. John Norton
Mr. Samuel Symonds
Mr. Woodmansey Mr. Whittingham
Samuel Younglove
Thomas Wells
Willm. Lampson Widdow Haffield
Mr. Thomas Firman
John Browne
Joseph Redding Thomas Lee John Dane Jun. Robert Cross
John Lee Willm Fellows
Thomrs Emerson
Willm. Knolton
Richard Scofield
Thos: Newman
Richard Smyth
Matthias Button
Isaac Cummings
Willm. Goodhugh
Thos: Bishop Lionel Chute John Perkins, Jun.
Willm Duglas
Roger Langton Robert Beachamp
Richard Wattles
John Annyball
James Howe
Mr. Willm Payne Richard Kimball Alexr. Knight John Dane Sen.
Robert Mussey
Thomas Brewer
Thomas Smyth
John Cowley
Mr. Jo: Tuttle
John Satchell Richard Huttley
Thomas Hart
Edward Lumas Thomas Safford
Daniel Warner
Mark Quilter Allen Perley Thomas French
Simon Stacye Humfry Bradstreet Thomas Scott Richard Jacob John Whipple
Jeremy Belcher Christopher Osgood Thomas Rolison John Wyatt Katherine Lord
Widdow French Robert Kinsman
Thomas Boreman Jo: Perkins Ben. Thomas Berry Thoma's Dorman Joseph Mosse John Davis Richard Betgood Widdow Bird Henry Kingsbury Marke Symonds Henry Bachelor
Francis Dane John Pettis Moses Pengry
Robert Daye
Willm Addams
Mr. Samuel Appleton Thomas Clark Jun. Richard Lumpkin John Knolton Henry Greene Henry Pynder Samuel Podd Willm. White Willm. Averye
Theophilus Setchell
John Perking Tho: Clark, Sen. Tann.
Joseph Medcalfe
George Giddings
Jonathan Wade
Reginald Foster Andrew Hodges Robert Whitman Matthew Whipple Frances Jurden
John Gage John Jackson Theophilus Wilson Thomas Manning
March 17th 1642.
Mr. Firman and Thomas Scott the old Constables are ordered to pay to Michael Cartwright 32s 6d for work done at the Bridge, and for carriage for the Gun, out of the money of the Towns stock in their hands, 1 -- 12-6.
Agreed to pay six bushels of Indian corne, to Mr. Willm Payne for Ambrose Leach, and also to pay him 71b more in Corne or Cat- tell, at the choyce of the said Ambrose, at or before the first day of Noyemb next in full discharge of a six acre lott, which the Towne did purchase of Thomas Perry, and the said Perry did assign the debt to Thomas Lee, and the said Tho: Lee to Ambrose Leach, with whom the Towne hath compounded as above said 6 bush and 7.
Distrained Henry Walker 2 guns prised 36s delivered to Michael Cartwright his hands.
Mr. Bartholomew, George Giddings, Jo: Whipple Sergeant How- lett, have full power to lay out the Lande to Mr. Rogers, which he bought of Mr. Tuttell.
Also these 4 men, and Mr. Hubbard. Mr. Symonds, and Simon Tompson, have full power to exchange 12 acres of the said Farme late Mr. Tuttell's for 12 acres neare to the Comon fence, neare to the ground of Willm Storey, or so much lesse as they shall think meet having repect to the wayes there.
The ycell of Lande late Mr. Tuttell's betweene Mr. Wades and Goodman Webster's, is granted to Mr. Rogers, soe farr as concerns the Towne,
April 6th 1642.
The Towne doth trust Mr. Bartholomew, to coppy out the old Wast booke and such other papers as the Recorder shall comitt unto him, and he shall be paid for his paynes.
April 15, 1642,
Agreed with Simon Tompson, to keep the Cow herd on the South side the River, which is to be the third part of the whole number on both sides: according to the agreement with Jo: Davis: He de- sires noe hemp but is to have the other kinde of payment: Also it is agreed that if his herd should exceed 5 cowes more than the third yt of the whole, he is to be paid according to the rest, for soe many as doe soe exceed.
The mark of Simon X Tompson.
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Whereas, there hath been much trouble to the herdsman, and inequality in the payments for the cattell, because of the disorder- ly putting both of Cowes and Goats to the general herds: It is or- dered that whosover shall put any Cowes before the keepers of either of the general herds, contrary to the direction which each herdsman shall have from the Towne, (which direction is to signi- fie to which herd yticular mens cowes are to be putt) he shall for- feit for each cowe soe put 12d and for every weeke soe continuing 12d and in like manner for a gote soe put before the keep the forfeit is vjd.
The forfeits not to take place, till upon three days warning by the herdsmen for removing of any Cowes or Gote to the other herd. April 15th 1642.
Agreed with John Davis (taking such a sufficient helper as shall be approved of from tyme to tyme by the seven men,) that he shall keep the Cowes herd on the North side the River: this herd to consist of 2 parts of the Cowes: He is to begin the work when he is appoynted and soe for 25 weeks: he that shall take away any Cowe within one fortnight after it be put before the keep, shall pay dubble for such time as it was before the keep, and if any man shall take away any Cowe from the keep after 14 days, he shall pay for the space of 25 weeks, and the keep shall after the 25 weeks be out, still continue upon his weekly payment, until he shall order from the 7 men to surcease : In consideration whereof the keep is to be paid XXs a week ; to be paid the ene halfe when the keep requires the same; (and if any man shall neglect to pay his first paymt till midsumr he shall pay half as much more as his propor tion) and the other halfe when he leaves off keeping; and if any shall refuse or neglect to pay his last payment (the weeke being upon a Cowdone)upon demand, he shall forfeit as before one pound of butter and a quarter of a pound of hemp is to be paid in part of payment, the payt is to made in corne at 3s a bushel for the rest of of the summer.
The marke of V John Davis. May 2 1642.
Mr. Robert Payne is chosen and appoynted, to be the Committee or Treasurer for the Towne; to whom each yson (having any de- mand from the Towne to make, or any accompt to give to the Towne) are to repaire for the yformance thereof.
May 5th 1642.
Agreed that William Whitred, shall have the remaynder of the swampe in the Comon field, upon exchange for Land neare Che- bacco River, upon a valuable consideration.
5th July 1642.
Mr. John Tuttle and John Perkins sen. are chosen Constables.
Robert Andrews, George Giddings, Mark Symonds and Thomas Tredwell are chosen Surveyors for this yeare.
The way in the Comon field on the North side the River, from the Comon gate leading to Muddy River, is to be 4 rodds over, soe farr as leadeth to Mr. Wilson's ground.
It is agreed that Mr. Hubbard and George Giddings, shall order the making of a Pound, on the South side the River neare the Mill. at the charge of the Towne, not exceeding XXs charge to the Towne.
It is ordered, that 4 or 5 days work of a man, shail be allowed to
stop the passage, soe that Cattell may not stray out of Jeffry's neck: and that the Cattell goeing there this Sumr shall beare the charge.
21st of the 7th month 1642.
It is agreed betweene the Towne and Mr. Gardiner, for the mak- ing and constant keeping of the meetinghouse tite, as followeth viz:
Mr. Gardiner doth undertake and covenant, that he will within one month sett the Meetinghouse water tite, and that he will con- stantly keepe and yeserve the same, in the like condition, soe long as he shall abide and live in Ipswich :
In consideration whereof, the Towne doth promise to the said Mr. Gardiner 40s in Country payit at or before the first day of March next, and XXs panm for the tyme to come, the paymt to be made in sumr wheat.
Edward Gardiner.
21st of the 7th mo
Due to Mr. Bartholemew for the bill following, which he hath paid for charges of freemen goeing to Boston, 15 bushels of good and merchantable English wheat:
About the appeale, viz:
To Goodman Sherman for diet and lodging 2 0 0 To Goodman Fairbank 0 2 0 0 5 0
To Goodman Turner
laid out of his purse 0 0 2
Octobr 1642.
It was ordered, that the Constables Mr. Firman and Thos: Scott shall pay to Henry, Walker, due to him for his worke at the Bridge 0 15 0
31 of the 8th mo. 1642.
Whereas it was ordered, that John Whipple should cause the fence to be made betweene the house late Captaine Denisons, and the sayd Jo: Whipple, namely, on the side next Captaine Deny- son's and to be paid by the Towne for the one halfe; and the other half by the Captain; The said John brought in his accompt for his charge which came to 35s 6d, whereof there is due to 0 15 6
John Whipple
and to Mr. Willm Payne
1. 0 0
The First third day of the 9th 1642.
It is granted that there shal be a free Schole.
First third day of the 9mo. 1642.
The committee chosen for preparing for the next meetinge of the Freeman, what they shall think meet for the yearly maintenance, and for the way of raysing of it, are the 2 Magistrates, the Elders, Mr. Giles Firman and George Giddings.
18th of the 9th mo. 1642.
It is ordered, that the late Constables shall discharge the debt of 15 bushells of wheat, to Mr, Bartholomew as appeareth by his ac- compt 21st of the 7th ms. 1642 15 bushels.
Whereas there is much money in the hands of the late Consta - bles, of the Towne stock as may appear by their accompt upon formr rates, and there having been many demands made by the Towne of the said Constables, for the satisfying of the 'Towne by due payment thereof, and the said Constables have hither to de- layed to yform their service in that respect. It is now ordered,
that if the said late Constables, namely, Mr. Thomas Firman and Thos: Scott doe not give in a cleare accompt to the Towne within 21 days, of what is betweene the Towne and them, and also make payment of what is due to the Towne. the said Constables shall for feit XXs and for each week failing after the 21 dayes XXs till fur- ther order be taken herein.
19th of the 9mo: 1642,
It is orderered, that the late Constables shall forthwith pay to our Deacon Jo: Whipple 15s 6d according to money, or in money being due to him as appeareth upon the accompt of the said Jo: Whipple delivered in the 31th of 8th ino. 1642. 0 15 6
It is ordered that the late Constables shall forthwith pay unto [ ] XXijs for his tyme, and other charge in helping the hunts -- men, according to the agreement made with the huntsman, by the committee in that business appoynted, 120
The 3d of the 10 month 1642.
Granted to Mr. Samuel Symonds that his farme, consisting of 500 acres of ground, which lyeth toward the west side of the Towne, (and commonly called Ollivers) shall or may (for the proper use of the farme) be constantly supplied with timber and firewood, off the Comons. To enjoy to him, his heires and assigns.
23th of the 10th mo. 1642.
It is thought fit that the old Clerk of the Bonds, Jo: Webster, taking with him the now Clerke, shall appoynt two men to prize the destresses for the fines in the old Clerke's hands, and so deliver them into the new Clerke's hands: and in case that any of the dis- tresses be not adjudged sufficient to answer the fines, that then the old Clerke is to distrain to make it up; according to an order of the last Court holden at Ipswich.
23th of the 10th mo. 1642.
It is agreed and ordered, that Robert Lord the Marshall, shall forth with Jevy of the goods and chattels of Mr. Thomas Firman and Thomas Scott, upon each of them to the 'valew of Xs for their neg- lect to make a cleare accompt, and also make payment of the mon- eyes due to the Towne, according to an order made the 18th of the 9th mo: last, and the same soe levied, to returne into the hands of the Treasurer of the Towne Mr. Robert Payne.
Decemb 29th 1642.
Richard Hutliff is allowed 2s, 6d for a days worke, about 2 years and a half since and Xviijd for a days worke done since, which the old Constables are to pay, 4s
John Webster was fined XXXs for his felling and converting cer- taine trees in the Comon contrary to order 1 10 0
Goodman Lumox for felling a tree contrary to order was fined 01 6
Goodman Griffen was fined for the like offence 016
Robert Andrews for breach of the same order was fined 0 2 6 Thos: Clarke at the Mill for felling certaine trees in the Comon contrary to order was fined as abovesaid
Mr. Gardiner is to have all Lumox his fine 18d.
out of Griffins fine vid
out of Robert Andrews fine xijd
out of Tho: Clarks fine of xxs vis viijd
out of Jo: Websters fine XS
[Continued in Volumo Three.]
30th of Decemb 1642.
It is ordered that Mr. Firman and Thos: Scott, the late Consta- bles shall forthwith pay to Jo: Davis iiijs for goeing with the Dep- uty Governr to Cape Ann 0 4 0
It is ordered that Mr. Firman and Thos . Scott the late Constables shall forthwith pay to Mr. Symonds xxiijs viijd, due to him, viz : for one day carting to the new Bridg and for one day for his ser- vant Edward Bragg, (carting for the Bridg with the Captaines team) -vis viijd .- Xs he paid to Mr. Endicott for the Towne, for the coppy of the body of lawes. 3s for six coppies delivered to Mr. Gardiner, (he being one for the executing of Towne orders) for Newman's agreement writing put to him by Deacon Lumpkin vid, for entering two Towne actions iijd, for recording the Comoners, vid.
3 day of the 11th month 1642.
It is ordered that Mr. Hubbard, Joseph Medcalfe, to be added to the formr that is to say, to Mr. Appleton, Goodman Perkins, Edward Browne, with the Lott layers, who shall lay out a Highwaye, with- in the Comon fence to Mr. Norton's and to Mr. William Paynes ground, and to have respect to the rest of the Lotts. To lay it out by the first of March under the penalty of 5s a piece, with the rest of the Highways that branch from it within the fence.
Ordered, Mr. William Payne, Thomas Howlett [ Medealfe shall lay out a Highway [ ] Gloucester through the farmes [ ] first of March next, under the penalty [ Ja piece.
Mr. William Payne, Mr. Tuttle, George Giddings Michael Cart- wright, Thomas Howlett, Joseph Medcalfe, Thomas Clarke sen. and Mr. Thomas Firman are chosen by the Towne, and have full power given them, to agree with the Treas ] or any of the Creditors that the Treasurer shall appoynt them unto, for the payment of the rate in Pipe-staves and to yvide the said Pipe staves to discharge the rate.
Mr. Saltonstall, Mr, Bradstreet, Mr. Hubbard, Mr. Symonds and Mr. Giles Firman, are chosen to consider what is the best way to despatch Towne business, whether the quarter meetings may not e shortened, and to present th ir thoughts to the next general meetinge.
It is ordered, that the Comon fence on the North side the River, shalbe made sufficient against great Cattell, according to the first agreement, before the first of March next, under the penalty of 2s 6d for every rodd that shall then be found insufficient, soe to be judged by Mr. Gardiner and Mark Symonds.
The seven men that are chosen for the prudential affaires of the Towne, for this next yeare are these,-Mr Symonds, Mr. Appleton, Joseph Medcalfe, George Giddings, Mr. Giles Firman and Robert Day.
It is ordered, that the 7 men deputed for the ordering of the pru- dential affairs of the Towne shall have full power for these 12 months now next coming, to doe therein, whatsoever the major part of the freemen might doe to bind the rest of the Towne; except the giving, selling. or changing of any Towne Land or timber, upon the same, and the raising of any sum or stock of money by way of rate above the sum of 51b.
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