USA > Massachusetts > Norfolk County > Dedham > The early records of the town of Dedham, Massachusetts. 1636-1659, Volume 3 > Part 14
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DEDHAM TOWN RECORDS.
doe. really endeauour the empvemt therof wthin the space of 3 yeares next after such discouery is made except the select men se cause to grant longer time
pvided allso that no such grantee aforesaid shall bring in any ptner. or purchaser to haue share in the p"mises. that is no Townesman wth vs. so long as any one that is of the Town will buye. or take of his hand any such mine or pt therof. vpon such tearmes as the sd stranger will really doe. pvided allso further. that no such grantee. or purchaser shall at any time bring in amongst vs any such ptner. purchaser. or Constant workeman. as is not for his honest & peaceable conuersation. apved of by the select men for the time being. wch last condicion if they shall breake. euery such one shall forfiet his liberty of takeing woode. before heere in granted.
And for the puenting of such mistakes. or offences. as may heere after arise. about the discouery or finding of such Mines or Minerals. or the further empvemt therof. we doe further order & declare. that who so euer of our Towne. heereafter. being a Townesman as before sd. shall first giue notice to 2 of the select men. for the time being. wherof the keeper of the booke is to be one of any such mine as before sd. that he hath by any meanes discouered. & so discribe the place. as they may vnderstand that no other hath allready giuen notice therof. then the sd discouerer. shall haue the pprietie of that so exp'ssed. reserved to himself the space of sixe monthes. in wch time none shall haue libertie to pruent him. while himself or his assignes. make further pfe. of wt he shall fully finde & empue by vertue of this former grante
And further allso. if any shall. discouer a mine. very neere another that is allready found out. so that ther is iust question. whether it be not another pt of the same. in that no naturall bound. that must necessariely disioyne. or difference of Mettall. resolue the doubt. then it shall be accounted as one. & the same Mine. and all ready apppriate. by the former grant. to the former posessor
And allso if 2 seuerall & distinct Mines be found so neere together that any question arise. concerning the Land. Timber or wood. to accomadate the same. according to the former grant and that the ppriators of the sd Mines cannot therin agree it shall then be in the libertie & power of each of the sd ppriators. or grantees: to chuse one indifferent man & the select men to chuse another in the behalf of the Town & the major pt of the men so chosen shall fully. determin & end the sd case.
this order for Fences was entrd befor
Wheras vpon experience we finde that many Fences in our Town. ar oft found very deffectiue. and an occasion of much dammage. and offence. notwthstanding all the former orders in that Case pvided. it is therfor. further ordered. that for the pruenting further inconueaniences. those men that ar yearely deputed to the viewing of Fences. shall euery yeare: som time betwixt the 10th. daye. & the 18th daye of the first moneth view all
121
DEDHAM TOWN RECORDS.
the fences of our home Lotts. wthin our Town. that lye next any high waye or Comon ground. & wt deffects so euer they shall find therin they shall giue notice therof to the owner of the fence. forthwith. who shall wthin 7 dayes after such warning is giuen. sufficiently make or repayer the same or else shall paye. to the vse of town. into the Constables hand. the sume of six pence. in Currant Countrey paye. for euery such defect. not amended as be- forsd to wch end the sd viewers of fences shall giue the Constable notice therof. who shall be charged wth the sd penaltie. to leuye the same. or else to paye the same out of his own purse. & the sd viewers of Fences shall keepe a true bill of all such penalties or forfietures. so made. wch bill at the end of thier yeare they shall deliuer to the select men for the time being who by those bills shall call the Constables to account. for all such forfietures. the. former order wherin viewers of Fences. ar required to goe to view any Fence when they ar therto called. remayne allso in full force
5 mo 7: after Lectur
Assem: Joh Kingsbery: Tho Wight: Fra Chickering: El: Lusher.
Wheras Thomas Jordan hath layed down to the vse of the Town for a high waye some pt of his home Lott. ther is. in recompence. & full satisfac- tion for the same & all things concerning it. Granted to the sd Thomas & his hiers for euer. 4 acres of Meadowe. to be layed out to him. in som one of the neerest pcells of Bogerstow meadowe. at the direction of Tho: Wight
7 mo 4 Assemb. Joh Kingsbery: Joh Dwight: Tho Wight: Willm Bullard: Tymo Dwight: Fra Chickeringe. & Elea: Lusher.
Granted to the frayned Company of this Town. & the officers therof. & to thier successors for euer. the free vse. of all that pcell of Land. Comonly called the Trayning ground. allways pvided that the sd trayned Company. or the officers ther of. shall not at any time heere after appriate the sd pcell. or any pt therof. or empve the same to any other vse. then for the vse of pub- like excercise of the sd Company. wthout the Consent of the select men of the Town. for the time being first attayned: neither shall it be in the libertie or power of the select men heerafter at any time to dispose of the sd pcell or any pt therof. in any Case: wthout the Consent of the sd trayned Company. & the officers ther of. first had. & manefest
Granted to Lambert Genery and to his heirs for euer that Lamb: Genery pcell of Land lying on the great playne, that is hetherto vndisposed of. conteyning 3 or 4 acres mor or lesse. as it lyeth next beyond that pcell formerly granted to M' Cooke not yet layed out. & westward from the same all ways pvided that the sd Lambert lay down all clayme. title. or right to 6 acres formerly granted to him in that place called the planting field
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DEDHAM TOWN RECORDS.
8 mo 19. Assemb: Joh: Kingsbery Joh Dwight. Tho Wight & Elea: Lusher.
Wheras woolues are now of late becom greatly noysom to wolues our Cattell. to the great priudice & damag of the Town. it is therfor ordered. for the better encouragmt of any that shall heereafter bring the head of any wolf. & publikely prsent the same at the meetinghouse. shall for his paynes in killing that wolfe haue payed to him by the hands of the Constable tenn shillings in Countrey paye. besids that ten shillings due to him from the Countrey. and shall allso haue such asistance from the Town. for the attayning of that tenn shillings from the Countrey. as the Case shall necessarilye require. allways pvided that it be made apeer that the sd woolf be killed wthin our towne
9 mo 20 Assemb. Joh Kingsbery: Joh Dwight: Tho Wight: Fra Chick- ering: Willm Bullard: Tymo Dwight & Elea: Lusher.
Foras much as it apear. that notwthstanding. the order formerly made for the directing the Inhabitants & surveyors: in the high way worke. and that the surveyors haue allso attended. the trust comitted to them. yet diuers of the Inhabitants of the Town. haue neglected that seruice of high way worke. to the damage of the Town the discouragemt of the surveyors & euill example to others: It is therfore ordered. that such of the said Inhabitants. as ar at this prsent time behind in thier high waye worke aforesd. shall paye for those thier neglects for euery daye. 28. vnto the Constable for the vse of the Town. in Merchantible Corne at the Currant price. except the sd psons can compound wth the surveyors. for the time being. to thier satisfaction. who shall not accept of lesse then 8 houres for one day worke. sufficiently empved. in the high way work at thier apointmt. or if the surueyors shall put out any pt of high way worke by the piece or lumpe. they shall not compound wth any pson to the damage of the Town. or at a more easie way then as be- foresd. allwayes pvided that the surveyors shall not call any to doe thier worke for thier neglect but such & for so many dayes. as they shall receaue in a List. from ye select men. from which they shall not haue liberty to vary. but by the consent of the select men vpon further information: And for the neglect of Teames they ar allso heerby enioyned. to paye to the Constable for euery days neglect of 4 bullocks. one man & a cart. 6.8. For the dayes neglect of 2 bullocks one man: & a cart. 48. to be payd in such paymt as is before exp'ssed. or if they compound. it shall be according to the rule before exp'ssed.
Assemb: Joh Dwight: Tho: Wight: Fra: Chickering: Tymo Dwight and Eleazer Lusher
10 mo. 12 da: .
Wheras the Town formerly vpon som reasons moueing them thervnto.
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DEDHAM TOWN RECORDS.
did pmise mr Dalton som Lands ouer & besids his house Lott and ye appur- tenances therof. & that the said m' Dalton sold his Lott & all his Town Rights to m' Powell. late of this Towne. vpon wch consideration the Town doth heerby Grante to the said mr Michaell Powell. & to his hiers for euer. one pcell of vpland conteining 20 Acres. wch together wth tenn Acres formerly granted to the said Michaell Powell. vpon ye Great playne: is full satisfaction for that former pmise made to m' Dalton. no more to be expected: in any respect therof. wch said pcell of twentie Acres. is to be layed out vpon the North side of Charles Riuer neere about that place wheras passage is vsually made ouer the said Riuer wth Canooes & it is to be layed out at discretion. & by ye direction of Joh Kingsbery & Joh: Haward
Granted to Richard Ellice libertie to fell & take for his owne vse vpon the Common Land of the Towne such timber as he shall from time to time stand in neede of for the vse of his trade & allso he hath heereby libertie Granted to him. to let his timber so felled. lye the space of one whole yeare after it is felled. pvided. that he marke euery such tree wth ye 2 first letters of his name. that it may be allwayes knowen whose it is
Granted to Richard Ellice & his hiers for euer one pcell of shruffie meadowe. lying at the north west corner of his former grant of vpland. Con- teyning by estimation lesse then one Acre. and abutteth vpon the Land of Robt Crosseman toward the west. & vpon Charles Riuer towards the north
10 mo 19 Assemb: Joh: Kingsbery: Fra: Chickering: Joh: Dwight: : Tho: Wight: Will Bullard: Tymo Dwight & El. Lusher
Granted to Joh. Thurston & his hiers for euer. 2 Acres of swampe as it lyeth in that swampe adioyning to the southermost of his grant of vplande. that lyeth toward the south playne gate. this to be layed out to him by ye direction of Hen. Chickering & Tho Wight
1648 At a Genrall Meeting of the Towne
It is by genrall consent resolued to chuse 3 men for the ending of smale Cases. according to the Court in that case pvided
It is ordered that all such men as shall heereafter. by the select men for the time being. shall be chosen. ordered. or deputed. to doe any such ser- uice. as concerne the Town in Genrall. shall be reasonable satisfied for thier paynes therin. at the Townes charge
Joshua Fisher senior
Tho: Battell: ar admitted Townesmen
Tho. Bancroft
A schoole house & a watchouse. is resolued to be built this next yeare the care wherof is left to the select men
The choice of select men as followeth
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DEDHAM TOWN RECORDS.
Eleazer Lusher is chosen to keepe ye Towne Booke & to be one of ye select men
Henry Chickering: Thomas Wight
John Kingsbery: Joshua: Fisher:
ar chosen for ye select men
John: Dwight: Francis Chickering
for the yeare next ensueing
Eleazer Lusher ar chosen for the ending of smale cases according Henry. Chickering to the order of ye Court
John Kingsbery
Nathaniell Coaleburne: Daniell Fisher. & John Haward ar chosen sur- veyers
Joh: Gaye John. Eaton ar chosen woodreeues
Josep. Kingsbery: John. Fraery
Eleazer Lusher. is discharged of his high waye worke for the yeare next ensueing. in regard of his many occasions for the publike
[*It is ordered that the Land now intended to be layed out shall be first surveyed at the Townes charge & layed out by the rules of psons & estates. each pson of the Towne wt soeuer. to receaue so much as eight pound estate] The disorderly feeding of Fields & meadowes lying in pprietie the select men now chosen ar desired to take care to pruent
Ordered that the Land now to be layed out in a genrall deuedent shall be first surveyed at the Townes charge. & deuided vnto psons & estates each pson in the Town wt so euer. being an inhabitant shall receaue as much as eight pound estate
11 mo 15ª Assemb. Hen Chickering: Joh. Kingsbery: Joh: Dwight: Tho: 48 Wight: Fra Chickering: Lieft. Fisher: & El. Lusher.
Granted vnto James Allen one pcell of swampe not exceeding 2 Acres to be layed out neere the swampe formerly Granted to Henry Smith. at ye direction of Joh. Dwight & Fra: Chickering
Granted to George Fairebanke free libertie to fell and take for his own vse vpon the Comon Land of the Towne such timber as he shall from time to time neede for his trade pvided. that he neither sell nor trade a waye any such timber. vnwrought into vessels. & he hath allso libertie heereby to let his timber so felled. lye the space of one whole yeare it being sufficiently marked wth som knowen marke
Granted to sergt. George Fairebanke. one smale pcell of Land. as it lye against the side of his own yard. for an enlargemt to set a Barne vpon it to be layed out to him by the direction of Joh. Dwight & El. Lusher.
Wheras the disorderly feeding of pprieties is both a wrong & an offence. to the ppriators as well in Meadowes as allso in Corne fields that ar posessed & Impved by many owners. it is therfor. for ye puenting of ye grieeuances aforesaid: ordered. That euery ppriator wt so euer: that hold or Impue any Land in corne field or fields in our Towne. shall yearely & euery yeare. take
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DEDHAM TOWN RECORDS.
in all his corne. wt sort so sort it be of out of all such fields. before the 12th of the eight moneth vpon penaltie of beareing all damages wt so euer may by neglect ther of before wch said daye. no man wt so euer shall haue Libertie to put his cattell of any sort to feed in any such fielde vpon such penaltie as the Court hath all ready apointed. but after ye said 12 daye of the eight moneth. it shall be free for all ppriators. to feed thier cattell in such fields wher themselues posesse lands. as owners. or vpon rent. And no man wt so euer shall put his cattell to feed in any Field. wher himself is no posessor. vpon pennaltie of forfieture of 5$ for euery such offence
Neither shall any keeper of any hearde of Cattell. wt so euer. put the heard by him so kept. or any pt therof. into any Corne Field. to keepe them ther to feede. though the corne be all out vpon penaltye of payeing 58 for euery offence against this order. neither shall he suffer them wittingly or wil- linglye. to continnue ther. if thorough deffect of the fence. they goe in of themselues. vpon the like penaltie as before said. or if ther be any damage done in corne the keeper by whose default it is. shall paye the damage be- sides the penaltie aforesaide. all wch pennalties shall be payed to whom so euer the greater part of the ppriators of the field. shall apoint. to receaue the same vpon demaunde
Vpon the demaund made by Daniell Fisher. of sattisfaction for the def- fect of measure in his twelue acres of meadowe. due to him vpon his first grant we therfor in the consideration therof. doe now Grant to the said Daniell. & his hiers for euer. 3 acres & 3 roodes. of meadowe. to be layed out to him. or his assignes in such a place in Rosemary meadowe as the said Daniell shall chuse: that is at prsent free from all engagemt. pvided. that he take it in full satisfaction for ye Clayme by him made to the high waye by Charles Riuer. in ye Broade Meadow
And for as much as vpon further consideration its adiudged pbable that the foresaid quantitie of meadow cannot be found in one place together we therfore doe further order heerein. that the said pcell shall be layed out at ye direction of Eleazer Lusher & Joshua Fisher who ar desired to take care so to laye it out. as it may giue satisfaction to the said Daniell so fare as they conceaue reasonable
12 of ye 8th mo 1649 Assemb: Hen Chickering: Tho. Wight: Joh. Dwight: Joh Kingsbery, Fra: Chickering: Lieft: Fisher & Elea: Lusher
Granted vnto Thomas Payne. & to his hiers for euer. 2 acres of swampe. to be layed out in the Comon swampe. neere ye south playne at ye direction of Thomas Wight
John Dwight. & Lieft. Fisher ar Deputed to treate & conclude wth Lam- bert Genery. for that smale parcell of his Land in his Lott wher Clay is to be had for Bricke. & to returne answer to the select men
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DEDHAM TOWN RECORDS.
who returne answer that the said Lambert doe freely giue it to the Towne
1 of ye 11 mo: 1649
At a genrall meeting of the Towne
Joh. Haward
Joh: Thurston (ar requested & appointed to search out a place for ye feeding of a diye heard.
Geo. Barber
It is ordered that a platt shall be taken of ye bounds & lines of ye whole Towne and that it be made Capeable of a distinct platt of euery pprietie Michaell Metcalf senior ) ar apointed to take in ye accounts of ye select men. Ensign. Phillips in such things as concerne the Towne for ye yeare Sergt Fisher last past:
Elea: Lusher Lieft: Fisher - ar chosen and authorised to laye out the Grant made from this Towne to ye village. & to accomplish the same before the middle of ye 2 month next
Ensig: Phillips Joh Dwight
Dan: Fisher
Those 3 men Chosen the last yeare to end smale cases. according to the Court order. ar againe chosen for the same worke for ye yeare next following The select men Chosen as followeth
Eleazer Lusher is chosen to keepe the Booke & allso to be one of ye se- lectmen for ye year next ensueing
John. Kingsbery: Lieft Fisher ar allso chosen & haue ye same power Henry: Chickering: Sergt Fisher put into thier hands yt thier prdeces- sors haue vsually had
John: Dwight: Tymo: Dwight
John Luson Hen Smyth John: Morse Willm Bullard Joh Thurston George Barber Joh: Fraery
ar chosen surveyors
ar chosen woodreeues
· vpon consideration of the motion made & ye voate passed. for the giue- ing account to ye men deputed to audit the same. it is adiudged most meet & to informe them of the manner of our disbursemts by the Constable and referr them to his accounts
The 2 orders made the 31 of Decembr 1636 concerning felling trees ar heerby repealed as allso one orded made 16 of march 1640. concerning monethly meetings of ye select men is heereby repealed.
For as much as vpon experience it apeare. that som orders made in ye former yeares in ye beginning of our Towne ar not at prsent vsefull for ye prsent state therof. amongst wch. 2 orders. restrayneing the felling of trees. ar therfore heere aboue. repealed
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DEDHAM TOWN RECORDS.
It is therfor (for the puenting disorderly & wastefull felling of trees. either for woode or timber) now ordered that it shall hence forth be in the Libertie. of any man that is admitted a Townesman heere wth vs. to fell any such fire woode as he shall for his owne vse stand in need of from time. to time. allwayes pvided that no oake trees be felled. but such as ar granted to such psons. according to ye order of the Towne. & that case pvided. and for euery offence comitted against ye true meaning. of this order. as is aboue ex- passed. the offender shall paye vnto ye vse of the Towne such a pennaltie as shall be by the select men for the time being adiudged meete. so that no fine exceed 58 for the felling of any one tree
Lieft: Fisher is deputed. & vndertaketh to take & make a true platt of ye out most Lines of the Towne
Granted vnto Ralph Daye free libertie to make vse of wt Clay so euer he shall need for the vse of makeing Bricke in that parcell of Land late Lambert Generies & by him granted to the Towne to that end. allwayes pvided. that he secure the same by fence. from all hazard of damage. that . may be by reason of the Clay pitts. Allso we doe heereby. grant to the said Ralph or his assignes libertie to fell & carry a way. (for the vse aforesaid). such wood vpon the Comon ground of the Towne from time to time as he needeth
7. of 11 mo 1649 Assembled at this meeteing last aboue mentioned the select men heere after named
Henry. Chickering, John: Dwight, Lieft: Fisher, Tymo: Dwight, Daniell: Fisher & Eleazer: Lusher
21 of.12 mo 1649 Hen: Chickering: Joh: Kingsbery: John: Dwight: Lieft: Fisher: Sergt: Fisher: Tymo: Dwight & Eleaz: Lusher
Granted to Thomas Payne. & to his heyers for euer a supplye of swampe in that swampe formerly granted. to vse of burning Bricke if that grante so made hinder not this prsent grante. Joh Haward. Lieft Fisher ar to laye it out
Granted to Lieft Fisher: and to his heyers for euer. Tenn Acres of vpland to be layed out to him by the asistance and direction of Peter Wood- ward and Nathaniell Coaleburne. vpon the place called the planting fielde in full satisfaction for his right in the purchased vplands being one Cowe pas- tureing and one halfe. as allso in sattisfaction for his right that is or maye be in the next deuident of vpland. yet to be layed out pvided that if vpon the laying out of that deuedent it shall apeare that. 4 Acres according to his pportion is more then will com to his pt that he then shall sattisfie som other man for so much as the said Lieft haue too much we accounting that sixe Acres of this grant may be equally allowed for his right in the purchased Lands
John Bullard. and Henry Wilson. makeing request for supplye of mead- owe ther is there vpon granted vnto the said John & Henry the free vse of
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DEDHAM TOWN RECORDS.
the meadow. called the Church meadowe for the space of seauen yeares next ensueing. equally to deuide the same betwixt them. vpon this condition. that. they sufficiently stubb & cleere the same. allwayes pvided. that if the Town can other wise supply them wth meadowe: it shall be in the libertie of the Towne. to call it out of thier hands vpon alloweing them such recompence for thier cleereing the same as shall be Judged they haue deserued mor then the time they haue had the meadow. haue equally sattisfied for and further allso they ar enioyned by the entery of the said meadowe to mayntaine the fence belonging therto. & leaue the same In due repayre when so euer they shall leaue the meadowe
Eleazer Lusher. is deputed in behalfe of the Towne of Dedham to asist in laying out the Farme granted to M' Edward Aleyne deceased wch is to be layd out at Bogastow. now called Medfield
15 of 4 mo 1650 Assemb: Hen Chickering: Joh Kingsbery: Joh: Dwight: Lieft Fisher, Sergt: Fisher & Elea: Lusher
John Dwight: Lieft Josh: Fisher & Sergt Daniell Fisher ar deputed to treat wth such of Cambridg men. as shall be by that Towne appointed and authorised to treat in refference to the sale of those Lands late in the pos- ession of Dedham. or any pt of the same. now being desired to be purchased againe by the Inhabitants of Dedham. and vpon the tender of such pposi- tions as they Judg reasoneable. to returne answer to the select men. that the Towne may doe therein as they shall Judg meete
17 of 3 mo 1650 Assemb: John Kingsbery: Hen: Chickering: Lieft: Fisher: Tymo: Dwight: Sergt. Fisher & Elea. Lusher
Vpon the demand of Joseph Kingsbery. made for the right he haue re- mayning due to him. in respect of his disbursement in the purchased Land s. at the begining of the Towne. ther is therfor granted to the said Joseph and his heyers for euer. foure Acres of vpland. if it be to be had on the north east side of Mr Greenes Farme
Vpon the request of Thomas Payne. ther is granted to the said Thomas and his heyers for euer: one smale pcell of vpland. lyeing adioyning to one pcell of the meadowe of the said Thomas. for the streightening of his Fence there. this is to be appointed & layed out to him by the direction of John Kingsbery
27 of 4 mo 1650 Assemb: John Kingsbery, Hen: Chickering, Lieft: Fisher, Joh: Dwight, Sergt Fisher, & Eleaz: Lusher
The Rate for the purchasing of Ammunition according to the order of the Court made this day at the rate of penny farthing p £
Deputed. the men heereafter named. to treate wth Cambridg men about the purchase of half that Tract of Land that was formerly in the posession
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DEDHAM TOWN RECORDS.
of Dedham and that they at thier discretion should in the best manner they can get the knowledg of wt the price is like to be. and if they se vrgent reason they may offer fifty pounds or vpward. not exceeding sixtie f. except the select men first see reason to consent therto. they ar allso to endeavour to cleere vp: & put an end to all reckonings. at prsent betwixt Cambridg and Dedham.
men deputed therto John Dwight, Lieft: Fisher, Sergt Fisher
Deputed the men heereafter named to treat with Roxbery men about the purchase of som pt of the Land in thier Town Bounds. that lye next our Towne. and returne answer to the select men. they ar Authorised to con- clude if they can. & they see iust reason so to doe. so that they exceed not the price of sixtie pounds for one thousand acres Francis Chickering: John Dwight. Lieft Fisher & Elea Lusher
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