USA > Massachusetts > Norfolk County > Dedham > The early records of the town of Dedham, Massachusetts. 1636-1659, Volume 3 > Part 4
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24
It is therefor Ordered that it shall be henceforth in the Libertie of euery Inhabitant in our Towne from time. to time. to fell take and carrye awaye. any such fire woode of the Comon Lande of the Towne as he or they shall neede for his or thier owne burning. from time to time pvided allwayes that the same be such Trees onely: as by reason of the Rottennes crookednes or other defect ar vnfitt for Timber: but if any man shall fell any such oake tree or young oake stande or plante as in a Reasoneable aprhension or judgement may apeare by this order is truely jntended to be prserued: as not being burnt at the bottom or stubb or very crooked or defectiue as afore saide euery such offender shall Forfiet for euery tree so felled contrarey to the true jntent of this order the sume of 28: 6d: except such pson haue leaue from the Towne regularly the offence to be judged by the woodreeues the forfiet or penaltie to be payed the one halfe to the Informer and the other halfe to the
16
DEDHAM TOWN RECORDS.
Towne any order or clause or pvisoe: in any order to the contrary heereto fore made is heere by repealed
pvided allso that if any Inhabitant shall fell firewood and suffer it to lye vncutt or vnset vp 14 dayes after the same is felled. it shall then be in the Libertie of any Inhabitant of our Towne to take the same and carry the same awaye for his owne vse;
36 It is Ordered. that all such Inhabitants in our Towne Booke to sub- from time to time as doe not subscribe thier names to our scribe: Towne Booke of Orders. and therby declare his engagemt to be subiect to the gouermt of our Towne and beare pportion- able Charges therein: &c: according to the Couenant where vnto we haue generally subscribed: shall be heereby debarred all libertie of cutting fire- wood or hearding or putting cattell in any of the comon Lands of our Towne except such as shall by Inheritance posesse any one house Lott allready builte whose prdecessors haue formerly subscribed as aforesaide.
pvided that the Libertie and power of the Towne expassed in the second Article of the Couenant be not priudiced therby but remayne in full force.
pvided allso that it shall be in the power and Libertie of the Select men for the time being. to alowe and grante libertie to any Inhabitant to make vse of the Comon pruelidges before exp'ssed vntill he may haue an optunitie to subscribe and is by the Towne admitted there vnto;
37 For as much as it was comitted to the select men by the Dpt paye what last genrall meeteing of our Towne to settle & determine the & how recompence that should be allowed to the deputies of our Towne. It is therfore ordered that euery man that shall henceforth be chosen orderly to be a deputie in the behalfe of our Towne and shall so attend the seruice of the Genrall Courte. that the Towne be not occasioned thorough his defect to chuse another. shall haue for that his ser- uice for that yeare he is so chosen allowed & payed to him or his Assignes the summe of Three pounds out of the Towne Rate
38 For the raiseing of the 20€ pann for the Schoole m™ rec- Schoole m' pay: ompence: agreed vpon the last generall Towne Meeteing. It is how raised ordered 1 that all such Inhabitants in our Towne as haue Male Childeren or seruants in thier Families betwixt the years of 4 and 14 yeares of age shall paye for each such to the Schoole mr for the time being or to his vse at his Asignmt in Towne in Currant payemt the sume of 58 p anm. 2 that whatsoeuer these sumes shall fall short of the foresaid sume of 20€ shall be Raised by waye of Rateing vpon Estates ac- cording to the vsuall manner. 3 that these sumes shall be payed in twoo equall parts and pportions for the space of Seauen yeares next ensueing the first daye of January Anno 1651: each half part to be payed at the end of each halfe yeare from time to time
17
DEDHAM TOWN RECORDS.
39 Whereas the Generall Court hath Ordered that the Se- Fences to repayer: lect men of each Town within this Jurisdiction. shall make such Orders within thier seuerall Townes Respectively con- cerning the due and seasoneable repayering of Fences within thier seuerall Limits. It is therfore accordingly ordered that all Fences within our Towne as well Generall as pticular and pticionall that ar heere- after to be made or Repayered by newe postes. shall be made sufficient to the height of Foure foote. except such Fences as ar. or shall be made of stones. which shall be allowed sufficient at the height of Three foote and one halfe. and that all psons what so euer that shall neglect or refuse the due repayering or makeing the Fences belonging to them according to Lawe. pportion pticular agreement or composition after the time allready prfixed Order: 15: and after due warning giuen by the woodreeues as in the foresaid Order is required: shall paye for euery such seuerall defect in his or thier Fence so neglected to be repayered. as aboue said. the sume of Five shil- lings: and for euery daye so neglected after that time he or they so neglect- ing shall paye the penaltie of 28 & 6ª vntill those defects be sufficiently Repayered: All these penalties shall be Levied according to the manner all readye ordered. in the Order before named: and allso disposed of for the vse of the Towne as is ther required. And further the psons so neglecting shall be Lyeable to paye all damages that may arise in any pt of the time that any pt of the Fence aforesaid shall want due reparations
And further: whereas: Fenceing Timber begin to be scarce in 'seuerall pts of our Towne and in regard thereof as well as of other reasons consid- erable. It is Ordered. that all Fences that ar. or shall be made about en- closed Lands that Lye at a mile distance or vpward from any house within the p"cinct of our Towneshipe. shall be alowed to be made of 3 Rayles pvided it be made to the height of 4 Foote as a fore said to pruent damage by horses & otherwise
40 Whereas ther is much complaint of great damage done Swine to Ringe by Swine: being not kept sufficiently Ringed notwithstanding the order already pvided in that case: It is for the pruen- tion therfore Ordered: that for time to come all swine of what sorte so euer. after they come to the age of Two monthes shall be kept sufficiently yoaked: continually according to the former order: in that case pvided and vpon the same penaltie therein exp'ssed. And further all swine that being aboue the age afore saide shall be founde. not sufficiently ringed. the owner shall forfiet for euery such swine or pigge sixe pence the one halfe to him that shall giue information thereof to som select man and the other halfe to the vse of the Towne. And for the more full and due execution heereof to effect: It is allso further Ordered: that if any pson shall neglect sufficiently to Ringe his or thier swine after due notice there of then that owner of such swine shall for- fiet sixe pence for euery day so neglected to be payed as aforesaid. and if
18
DEDHAM TOWN RECORDS.
any offender heere in shall neglect or refuse to make due payemt as afore saide then vpon complaint to the select men at any of thier meetings. they shall by warrant to the Constable directed leuie the same: 14: of 11 mo 1655: 41 It is ordered at a generall Towne meeteing that all Voates for Townesmen Voates that shall henceforth be giuen for the accptance of psons to be Townesmen shall be giuen in by kernels of wheate. and Indian Corne: the wheat to be vnderstood to be for the affirmatiue and the Indian corne for the negatiue. 1 of. 11. 1655
42 This is to giue publike notice that we the Select men Inmates vpon consideration of that charge and trust committed to vs by the Court: Title order Townships: Sect 4: doe there heerby declare. that though we haue bene willing to coniue at some and be slowe in our actings in this case hetherto: yet now we Resolue and accordingly pub- lish and by vertue of the fore recited Lawe Order that no man (being a single man) shall liue out of service or sojourn in any place or Familie with- in this Towne or be Inmate (either single man or others without the consent and allowance of the Select men for the time being: and from time to time: vpon the forfieture of the penall sume of Twentie shillings for euery such offence continued for the space of one whole month: ye 14 of 11 mo 1655
43 Whereas seuerall men that haue bene admitted to the Townsemen remoued pruelidge of being Townesmen with vs and therby to such rights & pľuelidges and enjoymts as are anexed there vnto and yet remoue themselues and thier Families out of our Towne. It is therefore Ordered that all such psons as are allready Admitted as before saide or shall heereafter be admitted. and that haue or shall heere- after so remoue themselues and thier Families and remaine and dwell out of our Towne the space and time of one whole yeare: all and euery such pson and psons shall therby loose all the pruelidge of being or being reputed Townesmen: and all the freedoms rights and benefits ariseing from his or thier admission and if after warde any such pson or psons returne & dwell in our Towne and shall desire to renewe the forsaid pruelidge it shall be in the Libertie of the Towne in any of thier Generall meeteings to accept or refuse as they shall se cause. ye 17 of ye 10 mo. 1656:
44 For the better exsecution of thos orders formerly made Swine to be ringed all the year about Swine that thay be suffitiently yoaked and Ringed accordinge to the orders of the towne Richerd Elice is de- puted to take care of the east street and midle plaine so fare as the mettinge hovse to see the orders duely exsequted and for his paines therin the former penalties imposed vpon the owners of such swine as are not suffitiently yoked and Ringed are to bee recauied by the said Richard for his owne vse: and vpon his neglect of his trust in not exse- qutinge the towne orders he shall forfitt for every such ofence to the towne one shillinge.
.
19
DEDHAM TOWN RECORDS.
And the like trust and charge in every respect that we haue commetted to Richard Elice we doe commett to John Bacon for the rest of the Towne he to recaiue the like feews for his paynes and pay the like penalties for his neglect this power to remaine in thes mens hands till other be chosin in ther rome: Dated 14: 11 mº 1656
45 Conceringe the orderinge of fences about remot fillds Power of Itt is Ordered that the viewars of fencis about the remote filds viewars of Fences are invested with the same power concerninge Fencis about about remot filds such filds: as thay are appointed vnto; that the woodreiues haue by the Towne order and to actt 'in all respects accord-
ingly.
46 Itt beinge found by much exsperience. that much Killin of Blakbirds &c Damage is done by blackbirds espetially in Indian Corne both in the Springtime and afterward and att this time more then ordanarie and no effectuall course haue ben takin for the subduinge of them which same other townes haue done and by ther exsperience haue found it much for ther advantage as also for the destroying crowes Jayes Chirie birds which also doe much harme
Itt is therfore Ordered that henceforth who soever shall kill in our Towne any of the blackbirds shall haue ninepence a dozin & for the other birds a peny a bird provided thay bringe the heads of all such birds as thay kill to sume one of the Selectmen who is to keep account of the heads so brought and the persons that bringe them that so thay may haue there pay out in 'a Towne rate which shall be levied vpon the arable land in the Towne
This order to stand in force till the Selectmen see case to alter it.
Dry Cattell restrayned 47 In consideration of the anoyance and trouble that haue bene somtimes formerly to seuerall of the home heardes and heardsmen by reason of drye Cattell goeing at liberty with- out a keeper. It is therefore Ordered. that if any Inhabitant of this Towne shall suffer any of thier dry Cattell (working oxen onely ex- cepted) to goe at home at libertie so as any of the home heards shall be prjudiced by them or any of them then euery such Inhabitant shall paye to the owners of the heard so prjudiced the summe of five shillings for euery beast so goeing at liberty: 25 of 12 mo: 1658:
48 Whear as it doe apeare the Towne lader that do belonge For the meting howse lader to the meeting howse and haue beene mad oncapable of sarvic in respecte of breaking and loosing ovt the staues which tend to the damage of the Towne: it is theirfore ordered: that whosoeuer shall remove or cavse to be removed the aforesayd lader excpt in cause: of fire vpon sume hovse shall forfit to the vse of the Towne for every such ofence: the sume of five shilings: 9 10 mo 1661
20
DEDHAM TOWN RECORDS.
DEDHAM
[*Contentment] The 18 August 1636 being ye 6: month
Assembled whose names are heervnd" written vizt Edward Alleyn, Abra- ham Shawe, Samuell Morse, Phillemon Dolton, John Dwite, Richard Eurard, Rafe Shepheard, John Coolidge, Thomas Hastings, Nicholas Phillips, John Kingsbery, John Gaye, John Rogers, Francis Austen, Daniell Morse, Joseph Morse, John Huggen, John Ellis
And with one accord agreed vpon these conclusions followeing vizt 1 Wheras all men that are admitted into our society doe Informacon discoured First of all Covent by subscribeing their'names to keepe of from vs all such as shall not be fownd fitting. For wch Cause it is necessary that every man in our sayd assembly shold give Informacon what he knoweth concerneing any man that is soe prsented vnto vs to be enterteyned. But for as much as some soe doeing & the same after becomeing discou'ed by some false brother vnto the sayd ptie (& that padventure also wth some misconstruction) [ ] much emulacon may arise
& faithfull pceedings [ ] For ye prvention wherof we doe order That
wh [ ] of our society shall soe doe, & therof vpon good Te[ ] be
evicted. He shall then henceforth be excluded [ ] Assemblyes as a
Covenant breaker & as a man not [ ] to be admitted into society of such as seeke peace & ensue it. And in case of noe humiliacon for satis- faction be made then such a fyne to be set vpon him as at the next meeting after shalbe thought fitting.
2 That ther shall not any waters wthin the compas of our
waters s[ ] Towne become Imppriate vnto any pticuler man: but shall Rest free for the Comon benefit of the wholl Towne For matter of Fishing.
3 That noe man whoe is in Covenant tyed vnto any other
Servants pson for service for any tyme or Tearme shalbe admitted vnto vs to Receive any Lott vntill the sayd tearme or tyme shalbe fully expiered: And good testemony then given vnto vs of the same.
Set out & measured by Thomas Bartlet Lotts for seurall men as follow- eth vizt.
For Samuell Morse 12. Acres. For Raffe Shepheard 12. Acres.
For Philleman Dalton 12. Acres. For Lambert Genere 12. Acres. For Daniell Morse 12. Acres. For Nicholas Phillips 12. Acres.
For Joseph Morse 12. Acres.
all these confirmed at this meeting & are Abuttalled as by the pticulers in foll: appeth
Abr: Shawe
1. Set out and measured for Abraham Shawe 12: Acres Also graunted vnto him all that medowe wch lyeth betweene the 2: Riu's & his Lott soe farre as his Lott extendeth west-
* The asterisk within the brackets indicates that the words enclosed therewith were erased in the original text.
·
21
DEDHAM TOWN RECORDS.
ward & Southward to haue & possesse the same to him & his Assignes for ever
Graunted vnto Edward Alleyn & his Assignes for ever All that pcell of land & Medowe wch lyeth betweene the Riv's toward the East & the wood towards the West And abutteth vpon the woody hill towards the North & vpon the Cliffe of the Smooth playne towards the South And to haue soe much [ ] wood vpon tbe sayd playne as may [ ] beyonde the Cliffe [ ] wher it may be [ ] make a ditch & a bridge vpon the same
through [ ] a Fence to pte ye land soe graunted from the sayd playne. Allwayes pvided John Gaye to haue his Lott by shall haue some Medowe pcell of the same. And also that he or they maye heerafter Con- ferre an other Lott out of the same vnto some other Freind such an one as our society may appve of. And moreover ther is graunted soe much of ye woods as may be necessary for 3: Lotts, the sayd Edward Alleyn to haue soe much therof as shalbe fi [ ] at the discretion of Abraham Shaw Samuell Morse or Phileman Dalton, to be anexed vnto the sayd land soe graunted to him & his assignes for euer.
2 That every man that hath an wholl Lott shall haue [ ]
Medowe Acres of medowe as he hath of vpland in his first graunt an house Lott, & [ ] pte of such medowe as adioyneth [ ] such Lot shalbe possessed by ye same man & what fales shorte is to be sup- plyed els wher:
DEDHAM
[*Contentmt] 1636 The 29th of ye 6t: Month. called August
Assembled whose names are vnderwritten vizt Robte Feke, Edward Al- leyn, Abraham Shawe, Samuell Morse, Philemon Dalton, John Dwite, Lam- bert Genere, John Kingsbery, John Coolege, R[ ] Shepheard, John Gaye, Nicholas Phillips, Thomas Hastings, Frances Austen, Ezechiell Holliman, John Rogers, Joseph Shawe, Willm Bearstow
Robte Fekes
And wth one accord agreed vpon these conclusions following vizt 1 Ordered that m" Robte Fekes shall haue the same pportion of grownd for house lot yt others haue had assigned vnto them: And yt he shall for a Fearme haue wth in twoe [ ] of his seate, soe much vpland & medowe as shalbe sufficient, in good Judgemt & he him selfe shall loveingly accept of.
8: accre Lotts 2 Ordered yt single men shall henceforth haue Eight Acres for an house lott and noe more for yer first sitting downe, & soe much medowe grownd thervnto. Resolucon yt as their [Families] increase they [ ] inlargemt as shalbe thought fitting & soe neer vnto t[ ] former Lott as conveniently may be pformed. And allso ] is ordered yt they shall haue ech of them An acre and an halfe of [
22
DEDHAM TOWN RECORDS.
swampe to be cleered in maner & forme & cumpas of such tymes as Form'ly is limited vnto ye two acre Lotts.
That ye next meeting shalbe vpon ye second day of ye next week at ye 6 *: houre in ye morneing at John Gayes house.
Dedham The 5th of ye 7: Month Called Septembr. 1636. Assembled whose names are vnderwritten vizt. Edward Alleyn, Abra- ham Shawe, Samuell Morse, Phileman Dalton, Ezechiell Holliman, John Kingsbery, John Dwite, John Coolidge, Richard Eured, John Haward, Lam- bert Genere, Nicholas Phillips, Rafe Shepherd, John Gaye, Thomas Bartlet, Francis Austen, John Rogers, Joseph Shawe, Willm Bearestow.
All these being assembled subcribed their names vnto a Peticon peticon vnto ye genTall Courte for confirmacon of [ ] [Graunt] to be compthended [ ] our towne whatsoeur is left from all form' grants on that side of Charles R .:. /|\& 5 miles square vpon the other side of ye sayd Riu™ wth certeyne privileges of exemtion from cuntry charges for 4. yeares &c.
Confirmed vnto Edward Alleyn that litle Iland wth ye 2
Edw. Alleyn drowned Iletts before graunted at ye first meeting to him & his assignes forever.
Ordered yt ye next Fair day eury man of our society shall meet at ye foule [ ] & assist to mend ye same and soe many as can to bring whel- barrowes
note yt after ye assembly was disolved: m™ Robte Feke came and sub- scribed his name vntó ye sayd peticon.
And Thomas Hastings & John Huggin did the like at Boston. soe yt all ye names of them wch are admitted into our society are subscribed thervnto.
The Coppy of wch peticon is in ye beginning of this Booke as also of ye Court order vpon ye same.
Dedham [ ] month Called September Assembled whose names are vnderwritten vizt
Edward Alleyn, Abraham Shawe, Samuell Morse, Philemon Dalton, John Kingsbery, Lambert Genere, Richard Eu ard. John Coolidge, Thomas Hastings, John Gaye, John Haward, Thomas Bartlet, John Rogers, Daniell Morse
After thankesgiving made vnto God for our good successe at Confirmacon ye Courte GenTall, before specefied By virtue of wch [ ] soe made vnto vs: we doe est [ ] confirme all yt was ordered & done by vs before this daye [ ] distinctly Red & well weyed accordingly.
-
23
DEDHAM TOWN RECORDS.
1 Samuell Morse chosen Collector for money to be [ ]& Collector payd out according to such seu'all occasions as shall [arise} of & conc'neing our sayd Towne: And to give account therof at what tyme or tymes soeur, the same shall be Requiered of him accordingly.
Ordered yt eury man shall p'sently paye into ye Collectors Money hands according to his pportion of Lott. vizt for eury 12.[ ] lot 18.ª & for eury 8. acre Lott 12ª towards expen [ ] made at ye last Court, buying of Bookes, & [ ] of Bridge [ ] our the litle Riur.
3 Samuell Morse & Phileman Dalton vnd takeing to mend
Swamp mended ye [ ] betwen Watertowne & MT Haynes his farme. it is ordered That eury man of our societye shall pforme one dayes worke in the same, or otherwise to paye vnto ye sayd vnd"takers [ ] sum of 28: 64: towards ye same worke. wch is to be begon [ ] vpon ye 4th day of ye next weeke.
4 A note Received from ye Worplì John Winthrop deputy Go [ in Recomendacon of his servant Henry Kingsbery ye [ ] to sit [ wth vs: was Reade, And his Request condecended vnto only Respited vntill ye expiracon of ye tyme of his s [ ] wch is next not to violate our order formerly [ ] in that behalfe.
25 [November]
Assembled whose names are vnderwritten vizt Robte Feeke, Edward Alleyn, Abraham Shawe, Samuell Morse, Phileman Dalton, Ezechiell Holli- man, John . Dwite, Lambert Genere, John Haward, John Coolidge, Raffe Shepheard, Thomas Bartlett, Thomas Hastings, John Huggens
For as much as the Court Generall was pleased to depute mr Danforth, mr Alcocke & m" Alleyn, to set out ye bownds of Roxebery & such Farmes as lye neer vnto our Towne of Dedham we thinke Fitting to give ayde ther- vnto by Thomas Bartlet, whome we assigne to assist mr Alleyn therin; And also we assigne Daniel Morse to attend m" Danforth in pformance of the sayd busines if he shall Requier ye same.
Wheras our Towne of Dedham being far Remote from other Townes soe that it is Requesite we shold enioye what number of people we may for our better saffety from danger : as also for other compforts depending thervpon. Wherfore we doe nowe by a generall consent order that all those wch haue or shall heerafter Receive Lott in our sayd towne: shall before the First daye of November next become Inhabitant within our sayd Towne to impve their sayd Lotts & soe shall ther constantly Remayne dwelling in their [ ] or such their heyers or assignes as shalbe appved of. And that for the space of Seaven yeares to come next after the First day of the third month next, com-
24
DEDHAM TOWN RECORDS.
only called May daye next ensueing this prsent daye-Except those weh are Covenanted wth other Congregacons weh we doe order & enioyne to come & setle as above sayd wth in Sixe monthes after a Church wth officers shalbe gathered in our sayd towne & ther Inhabiting. pvided that all such pties shall in ye meane tyme make all necessary přparacon by building &c: as may be Fitting thervnto.
And yf any pson or psons haveing Lott shall not pforme heerin accord- ing to the true meaneing hereof: That all such graunte or graunts made vnto any such ptie or pties shall become voyde as yf the same had never ben. And the same Lott or Lotts wth all the appurtenances shall Returne vnto the sayd Towne to be disposed of otherwise at our pleasure vnto such as will & shall become Inhitants wth vs.
For as much as vpon good considracon we have Form'ly ordered yt noe man shalbe admitted to haue Lott wth vs vnleast he First subscribeth both to pay equall share of Charges wth other men of the same pportion of grownd & submitt vnto all such orders & constitucons made or to be made con- c'neing our sayd towne : as also yt he shalbe a man appved of by the wholl Company: wch we doe desier faithfully to maynetayne & keep vnviolated wth our best indeavoure.
Wherfore we doe nowe Further order that noe pson soe ad- mitted & haveing Lott wth vs shall at any tyme heerafter
Against Alienacons alienate bargen sell set over or assigne the sayd Lott or any pcell thervnto belonging: vnto any other pson wt soeur (not being of our society) for the tearme of one wholl yeare or more except it be vnto such as the Maior pte of our sayd wholl Company shall appve of & the same to be Recorded in the towne booke. That onely such may still be
Re[ ] vnto vs, as are desiered by our first graunts. Soe yt yf any shall soe doe contrary vnto our true meeneing heerin specefyed: the sayd Lott & lotts or pcell therof soe alienated or set over shall become voyd from ye sayd Grantees and assignes, as wholly as yf they had never possessed the same. And shall Returne vnto our sayd Towne, as free to be granted vnto any other as ever it was. Provided allwayes that what cost hath really ben bestowed vpon the same, shalbe allowed vnto the sayd pties offending, to be valewed by three vnd standing men. Provided also yt this order shall not extend vnto ye case of death: Soe that it shall & may be lawefull for any ptye soe of Lott possessed to bequeath the same by will vnto whom he shall please. And also every heyer at comon lawe after death may enter vpon ye same & possesse it as his Inheritance anything heerin to the contrary notwth. standing.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.