USA > Massachusetts > Norfolk County > Dedham > The early records of the town of Dedham, Massachusetts. 1636-1659, Volume 3 > Part 3
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12 For the pruention of damage that might arise by fire Ladders vpon any house in our Towne. It is Ordered. that euery housholder in our Towne shall forth with pvide and mayn- taine one good stronge. and sufficient Ladder. that may be sufficient in all re- spects for the speedie and safe attayneing of the toppe of the Chimney of his house vpon all occasions which said Laders shall be kept in posession con- stantly at: against or neere the house 'or Chimney wher fire is vsually made and for the greater care heere in as in a case of so great concernmt. It is further Ordered. that who so euer being an housholaer. in our Towne. shall fayle in any the pticulars aforesaide for the space of fourteene dayes together. shall forfiet vnto the Towne and the vse there of the sum of five shillings. for euery such defect to be payed vpon reasoneable demand made. by them to whome the care of the execution of this order belonge and in case of the neglect of such due payement as abouesaide the Constable by warrant from the select men shall Levie the same by distresse. vpon the goods of any. such delinquent. And for the further encouragemt. that Laders may be duely pvided as aboue saide it is further Ordered. that it shall be in the libertie of euery such householder. to take for the vse aforesaid such Ladder piece or pieces. vpon the Comon Land of the Towne: it being for his owne vse and not to sell as he from tme to time shall stand in need of:
13 It is Ordered that henceforth. the Constable or any Rate to gather other that shall be deputed. to gather any Rate in our Towne, shall stand charged with the whole sume. in the said Rate. and shall not haue power to abate any man or set of any former debts. but if any shall refuse to paye. they that gather the Rate shall referre them to the select men for the time being. who shall haue power to abate or sett of: as they shall finde to be Just. And allso euery man that is or shall be deputed to gather any Rate in our Towne except the Countrie Rate shall giue Ac- couut there of to the select men or so many of them as they shall depute there vnto. when they shall require the same: pvided that this account be
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DEDHAM TOWN RECORDS.
called for within three Moneths after the rate be gathered: or ought to be gathered: And if any shall refuse or neglect as before said. to giue accounte of any such rate. being there vnto required. they shall paye for the same. to the vse of the Towne. as the selectmen shall iudge meete. that the case doe require
14 For the direction and Ordering of high way worke. and High way worke the pruention of neglect there in. It is Ordered. that the Sur- veyors for the time being and thier successors from yeare to yeare. shall apoint and by publike notice. giuen to the Towne. shall declare. sixe dayes for the high way worke: of which sixe euery Inhabitant shall pforme four dayes work according to the surveyors appointment. the last of which sixe dayes shalbe before the 20th of the seauenth Moneth: and who so euer of the fore said Inhabitants shall not haue pformed 4 dayes worke. before the last of the foresaid sixe days be past. being appointed as before- said shall compound for that thier neglect. with the select men for the time being. to which end the surveyors shall carefully keepe a true bill yearely. of all such worke as is pformed by euery Inhabitant. in pticular. as iş beforesaid which bill they shall deliuer to the selectmen or any one of them. within four- tene dayes after the last of the foresaid sixe dayes be past which bill shall be subscribed by all the surveyors or the major number of them. And for pformance heere of as is aboue exp'ssed it is further Ordered. that such of the Inhabitants aforesaid as shall be found vpon good knowledge. to be then behinde in thier worke. shall forfiet and paye to the vse of the Towne for those thier neglects. as is heereafter exp"ssed: vizt
for ye neglect of one man one Carte: four Bullocks { 6s-0
for each daye
for the neglect in the like manner of 1 man 2 bullocks )
and 1 Carte 4 s .
for the neglect of 1 daye worke of one man 2 s
All which said sumes. shall be payed in Merchantible Corne at the currant price except the said psons can compound with ye surveyors to thier sattis- faction. before thier bills be delivered to the select men as aforesaide. who shall not accept of lesse in this case then eight houres sufficiently empved. in high waye worke. at thier appointment. for one daye: or if they shall put out any pt of the said worke. by the piece or lumpe: they shall not compound with any pson to the damage of the Towne or at lower or easier rates then according to the former penalties pportionably. Allwayes pvided that the surveyors shall call in no other man. nor for more. or fewer dayes. then as they shall receaue in a List from the select men: and in case any vpon de- mand. by order from the select men shall neglect or refuse to make seasonable payement as is aforesaid then the Constable by warrant from the select men to him directed shall by distresse Leuie the same vpon The goods of the pson or psons so not makeing due payement and deliver the same to the se-
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DEDHAM TOWN RECORDS.
lect men or to whom they shall assigne the same for the vse of the Towne. And it is further Ordered that it shall be in the Libertie and power of the surveyors in any of the sixe dayes. before mentioned. to accept of the helpe of hands in steade of Teames as the occasions of the Towne shall require and they can agree with any Inhabitant
15 For the pruention of damage that might arise thorough Fences to viewe defects in fences it is Ordered that ye Woodreeues shall yearely. som time betwixt the twentieth and the sixe and Twen- tieth daye of the first Moneth. carefully. and pticularly. viewe. all the Fences in our Towne. that ar in or about all our home Lotts. that lye next any high waye or comon Land. and what defects so euer they shall finde in the said Fences they shall giue prsent notice there of. to the owner of the fence where in the defect is founde. who shall within foure dayes. after such notice giuen sufficiently make or repayer the same. or else for the neglect there of shall paye to the vse of the Towne. the sume of sixe pence. in currant Countrey paye for euery such defect To which end. the Woodreeues shall demand the same and in case of refusall or neglect of due payement in reasonable time they shall giue a true & pticular Bill forthwith to som one of the select men. who shall pceed in this case according to the order in that case pvided and further allso the said Woodreeues shall keepe a true account of all such for- fietures in this case as they or any of them shall receaue vpon demand as aforesaid which sumes: or a true & pfect bill of of the same they shall de- liuer to the select men according as in the order in that case is required. And for as much as doubts and questions about settling or pportioning Fences in genrall or pticular: or wante of due mayntayneing or repayering fences in any season of the yeare may arise. it is therfor allso Ordered that the saide Woodreeues. from time. to time vpon notice giuen by any of the psons con- cerned in any of the cases aforesaid shall in due time. vpon viewe and due consideration of the p"mises resolue settle conclude & determine the same as to themselues or the greater number of them shall apeare most iust and reasonable
16 For the encouragemt of such as may make, discouery of Mines any Mine of Mettall or other Mineralls wthin our Towne in any of the Comon Lands there of as allso for the enableing and furnishing of them with such necessary helps and accomadacions as may be necessary in any such worke that may be helpfull for priuate and publike · good
It is ordered as followeth granting to all such according as is heere after exp'ssed. We doe giue and grante to euery Inhabitant amongst us. that is admitted a Townesemen and to his heyers and assignes for euer. All such Mine or Mines of any sort of mettall or Minerals what so euer (Jron Mine onely excepted. vntill the date of ye Countries grante be expired). that he or they shall really discouer and finde out by them selues or any waye or meanes
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DEDHAM TOWN RECORDS.
by them pcured or at thier charge in any pt of our Towne being out of ye pprietie of any man together allso with such conueainecie of Land : to be layed out to them as may be needfull for building pastureing of Cattell or other needfull occasions being such as the said worke shall really require and the place is found capeable of-Allso we doe grante vnto the Grantees afore- said Libertie to take such sufficient woode timber or stone. as shall be founde needefull for ye empvemt of ye said Mine or Mines so that the said Woode or Tymber be not cutt. within one mile of any house Lott in our Towne now in being. yet reserveing. to the Towne and the vse there of. such Oake- ing timber trees as the select men for the time being shall reasonably se cause to marke out : pvided all wayes and granted with these condicions vizt. that the said Grantee or Grantees. thier heyers and assignes shall yearely paye. into the Comon Treasury of the Towne the Tenth pt of all the pffits. which shall cleerely arise of the said Mine or Mines thus granted. after such grantee or grantees: shall haue receaued in againe such charges as they haue formerly disbursed. vpon the said worke. pvided allso that. it be one mile from the Towne or vpward. but if it be lesse then so much then they shall paye the eight pt of the cleere pffits as beforesaide. And allso that such grantees doe really endeauour the empvemt therof within the space of three yeares next after the discouery thereof is made except the select men see cause to grante longer time And allso further pvided that no such grantee aforesaid shall bring in any ptner or purchaser. to haue share in the p"mises. that is no Townesman with vs. so long as any one that is of the Towne. will buye or take of from his hand any such Mine or pt there of. vpon such tearmes as the said stranger will doe. neither shall any such Grante or grantees or purchaser shall at any time bring in amongst vs any such ptner purchaser or constant workeman as is not for his honest and peaceable con- uersation apved of by the select men. for the time being. weh last condicion if they shall break euery such one shall forfiet his liberty of takeing woode before heere in granted
And for ye puenting of such Mistakes or offences as may heereafter arise about the discouery or findeing of such Mines or Minerals or the further empvement thereof. we doe further order and declare. that who so euer of our Towne heereafter. being a Towneseman as beforesaid shall first giue notice to two of the select men whereof the keeper of the Booke is to be one of any such Mine as beforesaid. that he hath by any meanes dis- couered. and so discribe the place. that they may vnderstand that no other hath already giuen notice thereof. then the saide discouerer shall haue the ppriety of that so exp'ssed reserued to himselfe the space of sixe Moneths in which time none shall haue libertye to pruent him while himselfe or his as- signes make further pfe of what he shall fully finde and empve. by vertue of this former grante And further allso if any shall finde one Mine very neere another: that is allready founde out so that ther arise iust question whether
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DEDHAM TOWN RECORDS.
it be not another pt of the same. in that no naturall bounde. that must nec- essarrily disioyne or difference of Mettall resolue the doubt. then it shall be accounted as one & the same Mine allready appriate by the former grante. vnto the former posesser .- And allso if two distinct Mines be founde so neere together. that any question arise concerning the Land timber or woode to accomodate the same according to the former grante and that the ppriators of the said Mines cannot agree there in. it shall then be in the libertye and power of each of the said ppriators or grantees to chuse one indifferent man and the select men to chuse another. in the behalf of the Towne. and the major pt of the men so chosen shall fully end settle and determine the same
17 It is Ordered that all such men as shall heere after. by Paynes to sattisfie the Select men for the time being. be chosen ordered or de- puted: to doe any such seruice as concerne the Towne in genrall shall be reasonably satisfied for thier paynes and time therein. at the charge of the Towne
Disorderly feedeing
18 For the pruention of disorderly feedeing of pprieties as well in Meadowes as in Cornefields: It is Ordered. that euery ppriator what so euer that hold or empve any Land in any Corne fielde in our Towne. shall yearely and euery yeare. take in all his corne. of what sorte so euer it be. out of all such Fields as lye in a comon enclosure together with others before the Twelfth daye of ye eight Moneth. vpon the penaltie in the neglect there of of beareing all the damn- ages what so euer may fall after the daye beforesaide. before which said 12 of ye 8 Month. no man what so euer shall haue libertie to put his cattell of any sorte to feede in any such fielde vpon such penaltie as the Court hath allreadye apointed but after the saide 12 daye of ye 8 Month. it shall be free for all such ppriators to feede in such Fields as wher themselues posesse lands as owners or vpon rente and no man what so euer shall put in his Cattell to feede: in any Field where himselfe is no posessor vpon penaltie of forfieting five shilling for euery such offence: except it be in such time as such cattell ar employed in worke there for any posessor in the same fielde. Neither shall any keeper of any hearde of Cattell what so euer put the heard by him so kept or any pt thereof into any corne Field to keepe them there to feede. though the Corne be all out. vpon penaltie of payeing of five shillings for euery offence against the true meaneing of this order. neither shall he suffer them wittingly or willingly to continue ther if thorough defect of the fence they goe in of themselues vpon the like penaltie as beforesaide or if ther be any damage done by the heard in Corne. the keeper by whose default it is. shall paye the damage. besides the penalties aforesaide. all which penalties shall be payed vnto whom so euer the greater part of the posessors of the field wher the damage is done shall apoint to receaue. the same vpon demande.
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DEDHAM TOWN RECORDS.
19 It is Ordered: that a Platt shall be taken of the Bounds Platt to take & Lynes of ye whole Towne, and that it be made Capeable of a distinct Bounde and Platt of euery pprietie of each mans Lands in the Towne
20 For the more orderly felling of firewood for the supplye Fire woode and vse of each Inhabitant in the Towne, It is Ordered. that it shall henceforth be in the libertie of any man that is ad- mitted a Townesman heere with vs. to fell any such fire woode as he shall for his owne vse stande in neede of. from time to time. all wayes pvided that no Oake trees be felled. but such as ar granted to such psons. according to the order of the Towne. in that case pvided and for euery offence comitted. against the true meaneing. of this prsent order as is aboue exp"ssed. the offender shall paye to the vse of ye Towne such a penaltie as ye Select men for ye time being. shall adiudge meete. so that no fine exceed five shillings for any one Tree felling
21 Where as vpon the examination of the Booke of Towne Grants to enter Recorde it apeare that seuerall grantes, made to sundery of ye Inhabitants of ye Towne ar not yet entered or Recorded in any of our Bookes belonging to the Towne in genrall It is therfore in con- sideration there of Ordered that all such Grantes. where of good euedence may apeere. shall be yet entered. which grants so now entered shall be good and sufficient assureance vnto the Grantee and his heyers for euer
22 For the pruention of leaueing downe of Rayles. leaueing Rayles downe gates set or by other meanes stayed or held open. wherby damage haue bene oft times done in seuerall respects. It is therfore Ordered. that who so euer here after. betwixt the twentieth daye of the first Moneth and ye Twelfth daye of ye eight Moneth. from yeare to yeare. shall offend in either of the said cases aboue saide shall for euery such offence that is for takeing & leaueing downe Rayles or any rayle in the Fence of any Field or Lott. wher Corne or other croppe is groweing. shall forfiet to the owner of the Fence the full value of repayering the Fence if neede be. and the sume of sixe pence for euery such offence allthough no scath be done therby and the like sume for leaueing any gate by themselues vnderset or otherwise held open. but if scathe be done thereby he shall allso paye & sattisfie the full value of ye dainage to the pson or psons so therby wronged pvided all wayes that the offence be duely pved.
23 It is by the Towne Ordered, that all the power, right or Meadfielde power pruelidge of Towne Goverment that hetherto or at prsent is remayneing in the Towne shipe of Dedham or any thier Trustees or assignes where by they haue or did act. in and on the behalfe of the Towne of Meadfielde shall be heerby wholley and totally Transmitted and delivered into the hands power and disposeing of the Townshipe of
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DEDHAM TOWN RECORDS.
Meadfielde aforesaid in Genrall and the Select men there of and thier Suc- cessors for euer.
Great Playne waye
24 It is Ordered. that the waye leading from the Towne to the Greate playne. shall be taken care of to be made. and kept in due repayerations. from time to time by the Surveyers in and by publike high waye worke:
25 It is Ordered. that the Land. now to be layed out in a Deuident Genrall deuident shall be first Surveyed: at the Townes charge and deuided vnto the Inhabitants by the rules of per- sons and estates: each person in the Towne what so euer. being an Inhabi- tant: shall receaue as much there in as eight pounde Estate:
26 The ppriators of the Purchased Lands haue Joyntly Purchasd Lands agreed and Ordered for the better Jmpvement there of. that the said Meadowe. be deuided. in to foure parts according to the number of ppriators. in each part and haueing cast Lotts wher each part shall be. the ppriators in the Jland ar to begin next the little Bridge and so measure North warde so much as fall to thier pportion and the Inhabit vpon the Middle Playne ar to be next to the Iland deuision and the East Street deuision to lye next them of the Middle playne and ye smoothe playne deuisio is to lye most Northward. And it is agreed. that what is wanting of the said purchased Lands. shall be made vp in vpland wher it may conueaniently be founde for each deuision
27 For the recompence of such writeing as shall from time Booke keepeing: be done for The Towne in genrall. or otherwise for any the recompence: Inhabitants ther of: being such as ought to be pvided for. by order by the Towne It is Ordered that who so euer shall hereafter from time to time be chosen to keepe the Towne Booke and that shall accept therof shall haue for the entering in the Record in our Towne Booke. & the coppie delivered to the person. whom it shall concerne wherin onely one pcell is exp'ssely bounded by the Abuttmts there of sixe pence and for euery Coppie wherin more then one pcell is so discribed. he shall haue for the first pcell sixe pence as aforesaid and for each other therein discribed by tbe Abuttments one penye be they more or fewer these to be payed as be- foresaide by the prsent posessor of the Land so Alienated. And for euery grante made by the Towne he shall haue for the entering & the Coppie there of sixe pence to be payed by the grantee. And the Transcribeing of each of these in each case aboue exp'ssed shall be done according to Court Order in that case pvided. by the said keeper of ye Towne Booke as payed for in the saide recompence. before exp'ssed. without expecting any more. And further: he shall haue for the entering of each Towne order sixe pence to be payed & sattisfied. by the Towne from time to time
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DEDHAM TOWN RECORDS.
28 For the setling of one constant. and knowen waye: in the makeing and Levieing of all Towne Rates what so euer.
Rates to asesse & Levie It is Ordered that all Towne Rates as aforesaide. shall be Asessed and Levied vpon the prsent posessor of houses. Lands. or Cattell. whether owners or hyeres by the yeare or other wise: whether by the yeare or for a longer time
29 For the puenting of the Waste of Timber in our Towne Tymber. 6 Monthes by any Inhabitants ther of that shall haue grante of Timber for thier supplye according to the Order of the Towne. in that case pvided It is Ordered that whosoeuer of ye Inhabi- tants. aforesaid. that shall haue grante of Timber for his supply in what he standeth in need of. for any vse in the Towne & not to sell: being such as he or they haue not of thier owne Lands formerly granted them or thier prdecessors: and shall let the said Tymber or any pt therof Lye vnempved. more then the space of sixe monthes after the same is felled. shall forfiet all the same timber so left wholley into the hands of ye Towne. to be disposed of by the Wood reeues from time to time by new grante at thier discretion pvided allwayes that this shall not priudice or hinder any speciall grante made: or to be made. to any pson in pticular: of longer libertie
30 For as much as diuers men that haue Canooes for thier Canooes necessary vse and occasions haue complayned of great wronge done to them. by seuerall psons in takeing awaye thier said Canooes: wthout thier Leaue or knowledge. which haue bene much to the trouble and damage of ye saide owners: therfore in consideration and for ye pruention thereof It is Ordered: that if any pson wtsoeuer after the daye of the publication heereof shall Remoue or take awaye any Canooe or Canooes. wthin our Towne from the place wher the owner or his Assignes haue left or fastened the same. from time to time. without Leaue or consent from the owner thereof first had or attayned. shall for euery such offence. Forfiet to the owner thereof or to his Assignes: the sume of one shilling. or if the said Canooe be so taken awaye or Remoued that the owner or his Asignes be dis- appointed of the vse therof. the space of one whole daye or more. then the person or persons that did remoue the same. shall paye to the owner thereof or his assignes double the damage. wtsoeuer may be made appeere. that was susteyned therby. to be recouered in both cases. by Legall pceedings. as other debts in case the same be not payed quietly otherwise
·
31 It is Ordered. that if any pson wthin our Towne wtso Wayes to cleere euer shall after the publication heere of. Encumber. Interupt.
or Anoye. any high way or drawen waye in ye Town or in the woods. by felling any Tree or Trees crosse or into any such waye either by ye Body or Topp or any pt thereof and doe not forth wth before he or they dept from the same. fully and sufficiently take the same awaye. and cleere
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DEDHAM TOWN RECORDS.
the waye. he shall paye and sattisfie. for euery such Tree so felled. to ye Anoyeance of any such waye as afore saide. the sume of Twoo shillings. to him or them that shall first giue notice thereof. to ye Select men of our Towne for ye time being or to any twoo of them. And if ye pson that haue so felled the saide Trees shall not vpon demaund of the said Twoo shillings p tree. by the Informer forth with remoue the said tree or trees as before saide. then the saide pson so felling those Trees: shall for euery weeke that they lye vncleered out of the waye. paye to the Towne and the vse there of: Five shillings p tree into ye hand of the Constable for the time being.
32 At a genrall meeteing of the Inhabitants of the Towne Select mens dyet: 1651 It was ordered. that the Select mens dyet expended at thier Town Meeteings shall be payed for at the charge of the Towne. from time to time heereafter;
33 At a genrall meeteing of the Inhabitants of the Towne Schoole 20£ 1651 It was ordered that Twentie pounds p Ann: at the least shall be the settled recompence of the Schoole master for the space of seuen yeares next ensueing;
34 At a generall meeteing of the Inhabitants of the Towne Dpt payed 1651 It was ordered. that all such men as shall heere after be chosen by our Towne according to Lawe and shall pforme the seruice of deputies at the generall Court from time to time. shall be payed for that thier seruice at the charge of the Towne. the sume and manner there of is left to the select men now to be chosen to determine
Fire woode
35 Whereas it apeare vpon experience that such fire woode as hath bene hetherto alowed to be made vse of. as in Comon Libertie to each of our Inhabitants is now much spent and there for. for the more conueanient supplye of the Towne. more libertie is founde necessary. and that allso such care be taken to p"serue such Oake trees as at prsent or heere after ar like to be vsefull Timber. for the supplye of building. Fencing &c:
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