USA > Massachusetts > Norfolk County > Dedham > The early records of the town of Dedham, Massachusetts. 1636-1659, Volume 3 > Part 2
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The laws of the Colony at this time were printed for each year, and in 1648 the laws were first collated and were printed in 1649. In 1659 the work of collating and revising the laws was again undertaken, and the edition was published by order of the General Court in 1660. The preface to this edition
1 Mass. Hist. Coll. 5th Series, Vol. 1, p.417. The letter is dated "Dedham 27.5. 72." 2 Mass. Col. Rec, IV. Part II. 453.
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xiii
ELEAZER LUSHER.
recites that "the Bookes of Lawes of the first impression, not being to be had for the supply of the Country put us upon a thought of a second." In 1670, as it appears from the language of the order just cited, a similar want had arisen. The committee, of which Major Lusher was the head, made its re- port at the October session of 1670,1 when it was very critically considered, and many verbal amendments made, which are printed in the General Court Records. At the May session of 1671, it was ordered that the book of laws be printed with a table and notes of repealed laws. It seems, however, that it was not printed under this order, for a similar order was passed May 15, 1672, and it was printed that year. Its title was :
The General Laws and Liberties of the Massachusetts Colony, Revised & Reprinted by order of the General Court holden at Boston, May 15, 1672. Edward Rawson, Secr. Whosoever resisteth the Power resisteth the ordinances of God and they that resist, receive to themselves damnation. Rom. 13.2 Cambridge. Printed by Samuel Green For John Usher of Boston 1672.
As to what portion of this critical labor was done by Major Lusher no exact information has been obtained, but from his known capacity and his position at the head of the Committee, it may fairly be inferred, that much of it devolved upon him. It was printed in the last year of his life, and it may be regarded as the best memorial of his eminent usefulness in the affairs of the Colony.2
Such in outline, were the civil offices held by Major Lusher, and such were the varied and extended civil services he rendered in both Town and Colony. But to all these he superadded a military service in which he attained a high rank, and by his military titles he is best known. In 1648, upon the petition of the town of Dedham, he was appointed Captain of the train band. This office was neither a sinecure nor an empty honor, as the inhabitants were required to assemble for a weekly training.
He was also one of the founders of the Ancient and Honorable Artillery
1 The original report of this Committee, made Sept. 29, 1670, is now among the archives at the State House. It is carefully drawn up in Major Lusher's handwriting, and proposes many verbal and other amendments to existing laws. It is signed by Major Lusher first, and afterwards by the other four members of the Committee.
2 Copies of the Edition of 1672 are extremely rare. There is one in the State Library and another in the Library of the Boston Athenaeum. A copy was sold with the Library of George Brinley at New York, in March, 1879, for $130, which is in the State Library at Hartford, Conn.
xiv
DEDHAM TOWN RECORDS.
Company, and in 1646 and 1647 was an Ensign and Lieutenant of that corps. Finally he was chosen Major of the Suffolk Regiment, which was the rank and title of its commanding officer. Under a law of the Colony the title of the Commander of a regiment was Sergeant Major, and he was chosen by the County. No record when Major Lusher was chosen to this office has been found, and it is not known how long he served, but he is often referred to in the General Court Records as Major Lusher, and once as the Worshipful Major Lusher.
The services of Major Lusher were recognized by the General Court in two grants of land, one of two hundred and fifty acres in 1659, which were located in Medfield in 1665, and the other, of five hundred acres in 1664, which were located near Concord, in 1666.
The records of Dedham do not furnish complete information concerning the family of Major Lusher. It is certain, however, that he was married when he came to Dedham in 1637, and that his wife came with him. In the history of the formation of the Dedham Church by Mr. Allen1, it is stated, that among those who were joined to the Church during the winter of 1638, was "the wife of Eleazer Lusher," but her christian name is nowhere given, and there is no record of her death. In the record of deaths in 1638, appears the name of Samuel Lusher "deceased the 30 of the 10 mº."2 It will be ob- served that this date is near the time when Mrs. Lusher was admitted to the Church, and in the record of her admission an allusion is made to her afflic- tions. Connecting this record with the fact, that elsewhere Major Lusher appears to be the sole representative of the name in the Town or Colony, the inference that Samuel was the son of Major Lusher, seems to be reason- able and satisfactory:
But in 1662 Major Lusher was married to a second wife. This appears from the records of Charlestown by the following entry : 8
"Eleazer Lusher (Capt.) Dedham m. Mary Gwinn Aug. 8 1662."
It further appears that Mary Gwinn was the widow of John Gwinn of Charlestown. Her maiden name is not stated by Wyman, but an examina- tion of her will, discloses that she was the sister of Jonathan Bunker of Charlestown, and of Martha, the wife of John Starr of Boston. These were
Dedham Church Records (Hill), p. 14.
? Dedham Births, Marriages and Deaths (Hill), p. 127.
3 Genealogies and Estates of Charlestown (Wyman), pp. 450, 636.
XV
ELEAZER LUSHER.
the children of George Bunker of Charlestown, of whom, Savage says, " he owned the summit of that hill of glory bearing his name."1 George Bunker had a daughter Mary, according to Wyman, so that the identity of Mrs. Mary Lusher, with Mary the daughter of George Bunker, is fully established.2
Major Lusher died November 13, 1672, and his wife died on the twenty- sixth of the following January. The wills of both were proved together, Feb. 6, 1672-3, and are now on file in the Suffolk Registry. Major Lusher's will is written in his own clear and uniform handwriting, and is apt and exact in its forms of expression.
In the published Journal of the Rev. William Adams, not then ordained as the second minister of Dedham, but who had received a call and preached there before accepting it, occur these entries made in November 1672:8
13. Major Lusher mortuus. 18. Sepultus.
24. Concionem habui funebrem qualem qualem Dedhamiae in obitum Majoris Lusher Armigeri.
In January 1672-3, there is this further entry :
Jan. 26. Mrs. Lusher widow of Maj. Lusher Esq. died.
Major Lusher died without children, and no one bearing the surname of Lusher has since been known among us. Indeed the name apparently has become extinct.4 But as a given name, the name of Lusher has been transmitted since 1685, through successive generations in a branch of the Gay family. In Maj. Lusher's will, it is stated that Lydia Starr, the daughter of Martha, the sister of Mrs. Lusher, had lived in his family from infancy, and she received legacies and lands by the wills of both Major and Mrs. Lusher. Lydia Starr was afterwards married to Nathaniel Gay, and the name of Lusher has been repeated in each generation of their descendants.
Maj. Lusher's house lot was on the easterly side of East street,-"the highway four rod broad "-and the second lot southerly from the present Wal- nut street. At the time of his death, the following entry was made in the Church book, as it is found in the Century sermon of Mr. Dexter, preached in 1738:5
Genealog. Dict. (Savage) Vol. I., p. 299.
2 Dedham Historical Register, Vol. II., pp. 131, 135.
3 Mass. Hist. Coll. 4th Series, Vol. I, p. 18.
4 Suffolk Surnames, (N. I. Bowditch) p. 253.
5 Century Discourse, by Rev. Samuel Dexter, Nov. 23, 1738 (Second Edition), and note, p. 26.
xvi
DEDHAM TOWN RECORDS.
Major Eleazer Lusher, a man sound in the faith, of great holiness and heavenly mindedness, who was of the first foundation of this Church, and had been of great use, as in the Commonwealth so in the Church, especially after the death of the Rev. Pastor thereof, Mr. John Allin, departed this life, Nov. 13, 1672.
Capt. Edward Johnson, the author of Wonder Working Providence, and who was often associated with Major Lusher in the public business of the Colony, describes him as "one of a nimble and active spirit, strongly affected to the ways of truth ; " and again, as "one of the right stamp and pure mettle, a gracious, humble and heavenly minded man."1
1 Wonder Working Providence, by Capt. Edward Johnson. (Poole's Edit.) pp. 110, 191.
NOTE. An article in the Dedham Historical Register, Vol. II, p. 93, presents satisfactory evidence that Major Lusher's tomb in the Old Parish Cemetery is now marked by a slab of slate, bearing an inscription with the name of Timothy Dwight.
THE PETICION
1 May it please this Honourd Court to Ratifie vnto your humble peti- tioners your grante formerly made of a Plantacion aboue the Falls that we may posesse all that Land which is left out of all former grants vpon that side of Charles Riuer. And vpon the other side five miles square. To haue and enjoye all those Lands Meadowes. Woodes and other grounds. together with all the Waters and other benifits what so euer now being or that may be within the Compasse of the afore said Limits to vs with our ascociats and our assignes for euer.
2 To be freed from all Countrey Charges for foure yeares. And milli- tarye excercises to be onely in our owne Towne except som extraordinary_ occasion Require it
3 That such distribution or Alottmts of Lands Meadowes woods &c within our said limits as ar done and pformed by the Grantees their succes- sors or such as shall be deputed there vnto : Shall and may stand for good assureance vnto the seuerall posessors ther of and thier assignes for euer
4 That we may haue Countenance from this Honoured Courte for the well ordering of the Nonage of our scocietie according to the best rule. And to that purpose to assigne vnto vs a Constable that may regard peace and trueth.
To distinguish our Towne by the name of Contentment or otherwise 5 what you shall please.
6 And lastly we intreate such other helps as your Wisdoms shall knowe best in favour to grante vnto vs for our well empveing of what we ar thus entrusted withall vnto our pticular but especially vnto the genrall good of this whole weale publike in succeeding times.
Subscribed by all that haue vnder written in Covent at [prst]
1636 The 10th of ye 7 Moneth this Peticion was published in a full Genrall Court and granted as followeth : vizt :
1 That this Plantacion shall haue 3 yeares Immunitie from publike charges
2 That our Towne shall beare the name of Dedham
3 All the rest of ye Peticion fully granted by a genrall voate. freely and cheerefully with out any exception at all where vpon this short Order was drawen vp and Recorded by ye Secretary MT Bradstreete
2
DEDHAM TOWN RECORDS.
Ordered yt the Plantacion to be setled aboue Charles Riuer shall haue. 3 yeares. Immunitie from publike Charges. as Concord had. to be accounted from the first of Maye next. and the name of the said Plantacion is to be Dedham.
To inioye all that Land on the Easterly and southerly side of Charles Riuer. not formerly Granted. vnto any Towne or pticular pson. And allso to haue 5 miles square on ye other side of the River
This Draught : or Tract of our Plantacion. being prsented vnto the Court Genrall. after publishing of our Peticion. It pleased the said Court. by a full consent. to grante our said Towne of Dedham to extend euery waye accord- ing to the same forme there in Delineated. without any contradiction at all made of. or concerning the same. being viewed by the whole Courte.
Dedham, Towne Booke, for the Entering, and Recording, of all such Orders as ar or shall be for the Gouerment there of as followeth,
THE COVENANT
1 We whose names ar here vnto subscribed. doe. in the feare and Reu- erence of our Allmightie God, Mutually : and seuerally pmise amongst our selues and each to other to pffesse and practice one trueth according to that most pfect rule. the foundacion where of is Euerlasting Loue :
2 That we shall by all meanes Laboure to keepe of from vs all such. as ar contrarye minded. And receaue onely such vnto vs as be such as may be pbably of one harte, with vs as that we either knowe or may well and truely be informed to walke in a peaceable conuersation with all meekenes of spirit for the edification of each other in the knowledg and faith of the Lord Jesus : And the mutuall encouragmt vnto all Temporall comforts in all things : seekeing the good of each other out of all which may be deriued true Peace
.
3. That if at any time difference shall arise betwene pties of our said Towne. that then such ptie and pties shall p'sently Referre all such differ ence. vnto som one. 2 or. 3 others of our said societie to be fully accorded and determined. without any further delaye. if it possibly may bee :
4 That euery man that now. or at any time heereafter shall haue Lotts in our said Towne shall paye his share in all such Rates of money. and charges as shall be imposed vpon him Rateably in pportion with other men As allso become freely subiect vnto all such orders and constitutions as shall be necessariely had or made now or at any time heere after from this daye fore warde. as well for Loveing and comfortable societie in our said Towne as allso for the psperous and thriueing Condicion of our said Fellowshipe
.
3
DEDHAM TOWN RECORDS.
especially respecting the feare of God in which we desire to begine and con- tinue. what so euer we shall by his Loveing fauoure take in hand
5 And for the better manefestation of our true resolution heere in. euery man so receaued : to subscribe heere vnto his name. there by obligeing both himself and his successors after him for euer. as we haue done
Names subscribed to the Couenant as followeth :
Robert: Feke
Joseph Kingsberye
John : Guild - Samuell Bulleyne
Edward: Alleyn
Jolın Batchelor
Samuell: Morse
Nathaniell Coaleburne
Philemon Dalton
John : Roper
Robert Gowen Hugh Stacey George: Barber James Jordan
Lambert: Generye
Henry Smyth
Richard: Euered
John: Fraerye
Nathaniell Whiteing
Ralph: Shepheard
Thomas Hastings
Beniamine Smitlı
John : Huggin
Francis Chickering
Richard: Ellice
Ralph: Wheelock Thomas Cakebread
Thomas: Alcock
Austen: Kalem Robert: Ware
Henry : Philips
William : Bullard Jonas Humphery Edward Kempe
Thomas: Payne
Timothie Dalton Thomas Carter
John Hunting Tymothie Dwight
Henry Glover Thomas Hering
Abraham Shawe John Coolidge Nicholas Philips
Henry : Deengaine
Jolın Plimption
>John: Gaye
James: Hering Nathan Aldus
Tymoth Dwight -
John Kingsbery John Rogers
Edward Richards
Andr: Duein
Francis Austen
Michaell Powell
Joseph Ellice
Ezekiell Holleman
Jolın Elderkine
Ralph Freeman
Joseph Shawe William: Bearstowe John: Haward
Robert Onion
Danll Ponde
Thomas: Bartlet
Samuell Milles Edward Colver
Jonathan Fayerbank Jur: -
Ferdinandoe Adams
Thomas Bayes
James Vales
Daniell: Morse Joseph : Morse John Ellice Jonathan Fayerbanke
George Bearstowe John: Bullard Thomas: Leader
William Avery John Aldus
John : Eaton:
Joseph Moyes Jeffery Mingeye
John: Mason
Michaell Metcalfe
James: Allin Richard Barber
Cornelus Fisher
Anthony : Fisher
Thomas: Wight
Thomas: Jordan Joshua: Fisher Christopher Smith Jolın Thurston Joseph Clarke
John Partridge James Draper James Thorpe Samuell Fisher
Eleazer: Lusher Robert: Hinsdell
B Benjamin Bullard
John Luson
Thomas: Eames
John: Fisher
Peter Woodward Thwaits Strickland
Ellice W woode Thomas Fisher
- Thomas: Fisher
Michaell: Bacon
Joh: Rice
John Hovghton
Thomas Metcalfe
Robert Crossman
Isaac Bullard
John Morse John Allin
Henry Brocke
George Fayerbanke
Thomas: Fuller
John: Fayerbanke -
.John: Dwight
Martin Philips
4
DEDHAM TOWN RECORDS.
Number 11 It is Ordered that whosoeuer shall receaue. Equall Charges and posesse Lands in our Towne of what sorte so euer. either by Grante purchase or Inheritance or any other waye shall beare all equall charges with other men according to his pportion that so publike Charges that concerne the Towne may be borne and defrayed from time to time. according as any shall receaue benefit from the same
2 It is ordered : that all waters as well Riuers as Ponds Waters free shall be kept free from being Appriated except such as shall lye wholley encompassed within any one mans pper Lands. that so the said waters may be kept free for the vse of the Inhabitants. in comnon for the vse of Fishing or other wise. as occasion may require
3 For as much as due and seasonable apearance at publike Meeteings apearance Towne Meeteings ar oft times much neglected to the hin- derance of ye seasonable dispatch of publike occasions and the discouragement of such as giue better attendance. It is for the pruention there of for the time to com Ordered that who so euer of our Towne. that is admitted a Townesman with vs shall delaye more then halfe an houre after the time of meeteing where of he shall haue had reasone- able notice shall paye for that his neglect one shilling : and for the whole time of meeteing being absent he shall paye two shillings and sixe pence except the reasons of his or thier absence in either of the said cases. be apved of by the company assembled. or in case the pson shall declare the reasons of thier absence vpon reasonable demaund. to the select men they shall haue power to issue the same as to them shall apeare meete and in case of refuseale or neglect of seasoneable and due payment as before said, a distresse shall be taken vpon the goods of the pson so not makeing due payemt by warrant from the select men for the time being : directed to the Constable: and for the better execution of this order according to the true · intent there of : its allso ordered that euery Towneseman shall be called halfe an houre after after the time appointed is com
4. It is Ordered by Genrall consent: that euery Twelue Swampe to Lotts Acre Lott shall haue foure acres of swampe granted in the first grante there vnto. besids what may be granted in any deuident of swampe that may afterward be layed out: And that allso: in like manner. euery Eight Acre Lott shall haue the like grante of three acres of swampe layed out as due there vnto
1 The first eight of these orders are now found on a leaf bound into Vol. I, be- tween the Petition and the Covenant, the rest are on leaves now bound at the end of Vol. IV; but similarity of hand-writing and paper, and consecutiveness in numbering make it seem probable that they all belong together, and as they were nearly all passed during the period covered by this printed volume, it has been thought more convenient to print them all together .- [ED.
5
DEDHAM TOWN RECORDS.
5. For the pruention of damage offences and disturbances Fences in Corne Lands or other Lands to be enclosed. It is ther- fore Ordered. that all Fences in our Towne whether of Rayles or pales or what so euer other manner of fenceing may be alowed of against any high waye or comon Land or other vninclosed grounds. shall be made and mayntayned. to the height of three foote and one halfe. good sufficient and strong. and so carefully kept in that state free from gapps rayles left downe. or slipt out at one. or both ends. or posts broken and loose. or pales broken or vnfastened. from the twentieth daye of ye first Moneth vntill the Twelfth daye of ye eight Month from time to time and from yeare to yeare. without fayle. And whoso euer shall fayle heere in or be neglegent of the pformance heere of according to the true intent. and meaneing of this prsent Order as is aboue exp'ssed shall forfiet vnto the Towne and the vse there of such penalties and so to be payed as in the Order for vieweing of fences. is heere after exp'ssed
Meadow Lotts 6 It is Ordered that euery man that hath an whole Lott
shall haue so many Acres of Meadowe. as he hath of vpland. in his first grante for an house Lott. where of part of such such pcells of Meadowe as lyeth adioyneing. to his said Lott shall be granted to him in pt and the remainder shall be made vp else where
p'cells Townes 7 It is Ordered by generall consent that such as ar. or.
shall be admitted Townes men with vs haueing lesse portions men of Land then formerly haue bene granted vnto other men shall enioye all pruelidges as other Townes men. and beare all charges ac- cording to thier pportions. as other men from time to time shall doe
8 It is Ordered that some smale pcels of vpland. that lye Vpland to mead: adioyning to the seuerall deuisions of Meadowe shall be añexed vnto the same. where it may conueaniently be layed out there vnto without priudice of other deuisions after ward to be layed out 9 The question concerning the power of the select men Select:mens being pposed in a Genrall Towne Meeteing and being in a full Assembly considered. It was. for the auoideing of all scruples in time to com, by Genrall consent Ordered, that what so euer power all the whole Companey of Townesmen them selues so mett togher had before any such Choice was made The very same power is row put into the hands of ye select men now chosen and so to remayne in full force. for the space of one whole yeare from the daye they ar chosen. in all things except in these thre cases. vizt 1 The admitting of men to the p'velidg of being Townesmen: 2 the granting of a genrall deuident: 3 the granting of Farmes 1 of 11 mo: 1650
power
Wood reeues
10 For the direction of Wood reeues or such as shall from time to time be chosen to that care or office. It is Ordered that all the care and necessary power. for the execution of
6
DEDHAM TOWN RECORDS.
all such orders that from time, to time, shall be of force, concerning the ordering. makeing. maintayning and vieweing of fences in our Towne, as allso the due pformance of the orders concerning Ladders. the apveing or dis- aloweing of them in respect of the sufficiencie. length. and strength. shall be in thier power. and care as allso the supplyeing of the Inhabitants with Timber. for thier vse of building or repayering houses in our Towne. or for makeing or repayering of fences and such like occasions. accord. ing to the orders of the Towne in that case pvided and in case of the breach or defect of the orders or any order in any of the cases afore- said. it shall allso belong to thier office to demand & receaue such penaltie or penalties as by the order or any order in force in each case respectively is required. and the same so receaued to keepe in a true bill and that bill to de- liuer som time in the Nyenth Moneth from yeare to yeare vnto the select men for the time being or to som one of them. that so they may dispose of the said sumes for the vse of the Towne. or in case of refuseall of payemt duely made vpon reasoneable demaund vpon any offender as aforesaid. then they shall deliuer the bill of debts thvs refused to be payed in any the cases aforesaid. to the selectmen in the first fitt season. who shall direct a warrant to the Constable. for the due levieing all such penalties for the vse of the Towne
10 For the p'venting of damage that might com by swine. Swine it is Ordered that who so euer shall finde any swine at lib- ertie abroad in any comon Land high waye or in any mans Land except the owners of the swine after the last daye of the first Month from time to time that is not sufficiently yoaked shall haue heereby power & libertie to put all or any such swine in to the hand of the keeper of the pounde who sh ill not deliuer them to the owner. but vpon sattisfing the ordinarie fees due for poundage. and when so euer any damage shall be done by swine such indifferent men as shall according to the order of the Courte be chosen to viewe and value the scathe shall haue allso power to aproue or disalowe the yoakes of all such swine as by whome the damage is done and so to settle the damage vpon the owner of the fence or other wise vpon the owner of the swine if they be not sufficiently yoaked as they shall iudge most equall. but if damage be done by swine that ar vnyoaked the damage shall be borne by the owner of the swine without respect to the fence. whether it be good or badd. pvided that if it shall apeare that any swine haueing lost thier yoake and by that meanes ar found vnyoaked such swine shall not be put to the pound except the owner haue first notice there of. and neglect sea- sonably to yoake them againe. And it is further ordered that all swine shall be kept well & sufficiently Ringed all the yeare thorough & yoaked from the last day of the first moneth to the twelfth of ye eight moneth from yeare to yeare
7
DEDHAM TOWN RECORDS.
11 It is Ordered. that who so euer heere after shall receaue Alienatio to certifie any Lott or other pcell of ground. lyeing within our Towne in waye of Alienation by purchase or by exchange or by any other meanes. shall within one Moneth. after any such act done make the same knowen to the Towne Booke both the quantitie and quallitie to haue the same entered. who so euer shall fayle heerein shall for. fiet to the Towne and the vse there of the sumne of one shilling for euery Moneth so neglected contrary to the true meaneing this prsent order and in case such forfieture be not duely payed within 14 dayes after demand is made. by the assignemt of the select men. then a distresse shall be taken vpon the goodes of any such offender as aforesaid. by warrant from the select men. directed to the Constable for the Levieing there of for the vse of the Towne
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