USA > Massachusetts > Norfolk County > Dedham > The early records of the town of Dedham, Massachusetts. 1659-1673, Volume 4 > Part 24
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228
DEDHAM TOWN RECORDS.
which we reserue in the Townes [ ] that if the Town shall. within the space of Two yeares. next ensueing grant the same to such as whose Lotts in the sd swampe granted [ ] defectiue. for repairations there vnto. or other wise we grante that [ ] there. to the vndertakers. and thier heyers aforesd. allso further [ ] that if any other swampe shall be founde within the foresd place [ ] conteyne Twentie Acres of swampe in one place so [ ] it shall be judged by the Towne fitt to deuide for deuident [ ] encluded in the former grant. aboue written
pvided. allwayes that the grante of Timber aforesaid. shall Proviso in favour not prjudice the Iron works. in case the Towne shall pceed of Iron works therein. nor hinder any Townesman of Libertie to make vse of any oake Timber there. that for his vse he shall neede all- so pvided. that this grante of other timber. besids pine and Ceader. shall onely extende to such Timber as is beyonde the mille & farther from this Towne: then the said mille. And all these grants abouesd shall remayne. and stande good to the said grantees and thier heyers afore said. so long as they shall mayntayne a sawe mille as aforesaide. there And further it is agreed. that in case the Towne shall laye out a generall deuident. then it shall be at the Libertie of the said vndertakers. thier heyers. and assignes aforesd: to haue thier deuident layed out there about wher they shall chuse
2 And further we the said Comittee. doe grante Libertie to
other Articles the said vndertakers and thier heyers aforesaid. to take yearely so much grasse in some meadowe or meadowes there about as shall be sufficient well to winter foure or sixe oxen. and if plentie of meadowe shall be founde there about. this grant shall be enlarged.
3 We the Comittee aforesaid. doe in the behalfe and in the name of the Towne pmise and engage that no other sawe mille shall be erected or set vp in or vpon that streame of Naponcet. except it be by the consent of the said vndertakers. for the space of Tenne yeares after the daye of the date heere of. that is to saye within the bounds of Dedham
4 Further it is joyntly agreed that whatsoeuer pine. or ceader timber the said mille shall cutt for any the Inhabitants of this Towne into Inch boarde: the one halfe of the boarde shall be alowed to the owners of the Timber. and the rest to the owners of the mille. And its allso agreed. that if the mille be at worke in Cutting for the owners of the mille. and that any Inhabitant bring a considerable quantitie of Timber to be cutt. that then the mille shall not worke. aboue tenn dayes for the owners. before that timber of the said Inhabitant is began to be cutt. if it be desired so to be. and its allso agreed that timber shall be cutt according to succession of time as it is brought to mille. And its allso further agreed that if any Inhabitant shall at any time bring so much timber that it is a prjudice to the owners. or others then vpon complaynt to the select men for the time being. the said select men shall haue power to regulate the same. as they shall Judge meete. and equall
229
DEDHAM TOWN RECORDS.
5 Further it is allso agreed. that if any man shall haue boarde cutt at the mille shall sell any boarde at a lower price then the owners vsually doe. then its at the liberty. of the owners. whether they shall cutt any more for that pson. for the space of two yeares. after: or not but if after the mille haue bene in worke two yeares any such first offer the said boarde to the owners at such a price. as is tendered them. & that the owners aforesd refuse it then the said psons shall be at libertie to sell as they se cause and all these grants. conclusions and agreemts shall remayne in force all the time that the saide sawe mille shall be mayntayned vpon the said streame:
mrd that all these grants aboue written. are made vpon this further con- dicion that the sd vndertakers. thier heyers. executors. or assignes. doe erect and fitt the said mille for worke. before the 24th of the 4th month. Anno 1660: Subscribed by vs [ ] the 4 of march 1658-9 (No signatures.)
Dedham, February. the 16th. 1659.
At a Gen'all Towne meeting of the Inhabitants
Propounded & Voted, For a finall issue of all controversies sutes, & complaints, referring to the division of comon feed, woode and Wast lands. Arbiters to be made by an act of the Towne, in the yeare 1656, or what chosen by the further may appeare to be just & equall, whether at present Town for a final to be made, or not to be made, that the same with all other issue of disputes differences of a Civill nature ariseing there vpon, be relating to com- comitted & by all persons concerned therein, wholly left to mon feed and the Hearing, examinacion, and determinacionñ of the pres- waste lands ent Arbitrators, mutually chosen to issue the cause now de- pending between the Towne, & Ens. Henry Philips. &c. & that each person do stand firmly bound, himselfe & Heyres, to stand vnto, & abide by such thier award & finall issue thereof, being given in writeing vnder their, (or any three of their hands, before they depart the Towne.
The same day & yeare above written, the Towne being assembled in the meeting house, and the list of their names called over, as may appear in the Towne booke, wherein that act of 1656: [ ] divideing of Comons is Recorded, All & eurie of the said persons th [ ] Recorded, answred dis- tinctly & seurally that they agreed vnto, consented, & voted the above named proposicion on the affirmative, excepting only such whose names are subscribed, vizt.
John Kingsbery John Lusun,- who being absent throw weaknes of body, signified yr consent hereto
Thomas Fuller, who manifested his consent, the 17th of feb. 1659. Mary the daughter of Francis Chickering being
Francis Chickering's Mary vnder age.
Beniamin Bullard, Thomas Wight sen", not be- ing Inhabitants of the Towne.
230
DEDHAM TOWN RECORDS.
Judgement and Decision of a Gen. Courte committee respecting some disputes concerning common rights &c
Dedham. Friday. the 17th of February, 1659
Wee whose names are subscribed, being Arbitrators indiffer- Henry Phillips ently chosen between the Towne of Dedham on ye one pty, and Ensigne Henry Philips &c. on the other pty. as is above pľmised, Haueing fully heard examined, & considered, the seu"all pleas wth the evidences thereof prsent as also haueing pvsed their bookes of towne Rec- ords declareing their acts [&] proceedings in the first setling of the said plan- tacion, referring not only to the complaints of the said Henry Philips, but also of all such as haue seen cause to object against that act of the Towne
& [select ] of 1656: setling the Comonage for cattle, & rule for divission of [. ] waste lands, as also the seu all complaynts & greivances of pticular persons ariseing therevpon, being by thier publique vote referred & by them wholly left, to our Cogniscance For the determinacion & finall issue thereof, as by the said vote is before declared, Wee do hereby declare our Award and finall issue of the said cause & causes to vs so comitted & left in mann" fol- lowing. Viz. 1. Whereas sundry haue pleaded that in the infancy of these plantacions while the Towne was not filled with Inhabitants, the first planters agreed that they would entertein only sixty persons to the priveledge of house lotts, & that according to the said first divission, eurie person being an In- habitant should haue all after divissions made him in the Towne comons. We haueing considered the seu all evidences & records of the Townes pro- ceedings therein, do not see cause to allow such act to be legally vallid, & that ye rather considering that for about twenty years now past, the whole transaccons of the Towne, as well in all divissions & grants of lands, as also their paymts of all Towne charges, haue ben wholly inconsistant there with, & repugnant thereto.
4
2: Whereas sundry haue objected agst the legallity of that act of the Towne (proporcconing the comons & feeding lands) in the yeare 56: as being not only repugnant to that first agreemt above mencconed, but also vnjust , and vnequall in sundry respects. Wee haueing considered & duly weighed the seu'all pleas referring to the same, by both ptyes prsented to our con- sideracion, do hereby declare our award concerneing the same in mann" fol- lowing. Vizt. 1. That it will tend most to the setling of peace, & maintenance of justice & equity. that the Comon priveledges of the Towne, be by a just & equall rule proporcconed vnto, & stated vpon the seu all inhabitants, it being not only agreable to ye example of good men, left vpon Record in Gods Word, but also the neglect thereof, by long expience, found in sundry places, tending notonly to be an occasion of much injustice & wrong to sundry pticu- lars, but also to the ruine of the whole in a short time.
2ly. That the rule of divission observed by the select men in yt act of 56. of persons & estates, with other meete consideracions, being aswell agre-
231
DEDHAM TOWN RECORDS.
able to the practise of this Country, as also consonant to scripture example, and was also by the select men according to their instruccons they had first received from the Towne, the p"mises considered we conceiue that the select- men are not to be blamed for their attendance the seruice of the Towne therein.
[3.] Wee do declare that the divission of the Towne Comons, [ ] ng grounds. woodes, & waste lands, (excepting only allowance in case of pticu- lars hereafter mencconed) as it stand Recorded in the Towne booke, by their act in 1656: shall be made good vnto the seurall Inhabitants accordingly, as. also those to whom that addition of 25: comons was afterward added, we do. confirme the same to the seurall pticulars, as it stand recorded in the Towne- booke. with such further addition to sundry other persons as is hereafter menccoñed.
41y. We do declare it to be our determinación that the execución or putting into act the rule of Divissions, whether of comon feed, Woodes, & waste lands, whether in part or in whole, from time to time shall be accord- ing to the mind and consent of such persons as from time to time, & for the time then being shall be legally interested in the greater part of such comon rights, according to this or act & Award, & not according to the greater number of Inhabitants or other persons interested therein.
5ly. That all grants of swamps, woodes, & waste lands or other prvi- ledges, made by the Towne since that act of 56. before recited, whether to the whole, or to any pticular person or persons, shall remayne legall & vallid to all intents & purposes, according to the true intent of such grant, any of the aforesaid rules of divission not withstanding.
Church lot
regulated
6ly. That the lott reserved for the vse of the Church shall in all respects be accomodated, according as those to whome the greater part of comon interests in ye towne appteineth, shall Judge meet, any grant to ptic [ ] persons not with
standing
Fly. That as a further addition to sundry persons (as was before p"mised) over & besides their first grant, in yt act of 1656. before recited, together with ye addiccon of twenty & five Cow comons added by anie after act, & divided to sundry of them. We do judge meet to add thereto in manner fol- lowing. vizt. To Anthony Fisher sen. one Cow Comon. To Lambart Genery one Cow comon. To willm Bullard sent. two Cow comons, & one sheepe comonage. To michaell Medcaffe. one Cow comon. To Jonathan Fairebanks sent. one Cow comon. To Henry Philips Six Cow comons, & one sheep comonage. Also wee do hereby declare it to be our award & determinación that all such as haue any Cow comons, shall haue a proporcionable interest in the divission of woodes & waste lands, as is proporcion [ ] to Cow comons, or the numbr thereof, by that act of 1656. before recited. & that all
232
DEDHAM TOWN RECORDS.
the said divissions of woodes waste [ ] and Cow comons, according to the rules hereby determined & concluded, shall stand and remaine good to the persons therein interested, any form" or other orders of this towne, repug- nant herevnto notwithstanding.
Finally, Wee do award & declare that it shall be in the power of the Inhabitants & Select men, from time to time as occassion shall require for raiseing of Towne charges, to consider and rate the seurall interests of all persons in the Towne Comons, according to the annuall pfitts thereof, to- gether & with all other the reall & personall estate of the Inhabitants. And for the prsent charges expended in this Arbitracion, we do determine that it be borne & sattisfied by such as haue interests in the Commons according to this rule of divission. Ens: Hen. Philips bearing only his owne expences & of his attendance.
[Autographs]
Humphrey Atharton Richard Russell. Thomas Danforth Roger Clap Richard Cooke
[The next two leaves in Volume Four contain an account of the General Meeting 23: 11: 1656, concerning the Common Rights, and this record is the same in substance as that found in Volume One, and printed in the volume already published (Vol. 3, page 141). The table of grants is given nearly as it appears in the previous volume, and immediately before this table are these paragraphs which are not found elsewhere. -ED.]
Afterward there apeereing some dissatisfaction in Henery Phillips now of Boston & some other in respect of this former settling of Comon Rights. it was for a finall issue by mutall consent referred to the Arbitration of those Gent. formerly in this booke named. who the 26. of the 12. mo 1659. accord- ingly attended the same. and gaue in thier finall determination in the case as is before vnder thier owne hands entered. wherby was further added to the former number of Cowe Comons and other puelidges pportionable in deui- dents. 12. kowe Comons. and 2 sheepe Comons to be settled vpon the psons. in that thier award named
Further allso. the Towne in a publike meeteing granted. as an anexion to the Church Lott. 8. kowe Comons and other Rights of deuidents ppor- tionable thereto. which. grants. first and last amount in all to the number of. 522 kowe Comons & 2 sheepe Comons. together wth pportionable deuidents belonging to each:
The full. and pticullare grants being all put to each psone as being a grantee. is as is heereafter expressed together wth the value of each psons estate. as then valued and vpon which ground. & rule each grante was made
.
.
DEDHAM TOWN RECORDS.
[The above paragraph is followed by a table identical with that printed in Vol. 3, pp. 142-144, except in the amount of some of the grants. The grants in which changes appear read as follows :- ED.
· The Value of Estates
Cowe Com: Sheepe Com: Acres. Roods. poles
149 19 Eldr Joh: Hunting
9
0
10
0
20
69 4 Deac Nath. Aldus
5
0
5
2 20
117 0 Mich: Metcalfe
7
2
8
0
12
110 6 Joh. Luson 7 The Church Lott 8
51
0 Hen: Phillips
9
0
10
0 20
108
2 Jonath Farbank Seni
8
0
9
0
00
31 0 Willm: Bullard
5
1
5
3
16
40 18 Robt: Mason
3
0
3
1
20
24 10 Hen: Smyth
3
0
3
1
20
57 15 Lamb: Genery
6
0
6
3
00
95 10 Antho: Fisher Ju:
6
2
6
0
12
41 8 Tho: Metcalfe
3
0
2
2
32
76 14 Nath: Fisher
6
0
4
2
36
9 10 Antho: Hubert
3
0
0
2
[ ]
80 6 Rich: Ellice
5
0
5
2
20
29 19 Josep: Ellice
4
0
4
2
0
42
0 Ralp: Freeman
3
0
3
1
20
76
4 Cornell: Fisher
5
0
5
2
20
42 16 Jam: Vales
3
0
3
1
20
12
5 Joh: Houghton
3
0
3
1
20
21
0 Jam: Thorpe
3
0)
3
1
20
33 10 Benja: Bullard
2
0
2
1
00
20 15 Samll: Fisher
2
0
2
1
15.]
0
7
3
20
0
9
0 00
At a Generall Towne Meeteing it was voated as followeth, 1: 11: 1666
Whereas it apeers by experience that some Townes haue beene so prju- diced by the entertaynemt of psons priuately and without thier alloweance, as charge offence or sandall haue ensued, thereby occasioneing them to make pvision for thier future indempnitie therein, And it being euedent that our Towne is lyeable to as great. or greater inconueaniences in that nature,
It is (for the pruention there of) by Generall consent ordered and de- clared that no Inhabitant of this Towne or within the prcincts or bounds thereof. or elsewhere, holding. posessing. or Claymeing interrest to houses. Lands. Rights. or pruelidges within our Towne of Dedham or any pt thereof or within the bounds or pruelidges thereof, shall after due publication heereof, Grante. Sell. Alienate. Lease. assigne sett. or to Farme Let any house. houses. Lands. or pcell of Lande what so euer within the said Towne or any pt thereof. or within the Limits. liberties pperties or bounds thereof. what so euer to any pson or psons that are not formerly dwelling and Inhabiting within our Towne nor shall hyer or contract with any out towne pson for a seruant by the yeare. or an Apprentice for longer time. or for more then two moneths in either case without the consent of of the select men for that time being; except the pson so contracting selling assigneing or entertayneing.
233
234
DEDHAM TOWN RECORDS.
shall. will. and doe giue. or pcure such securitie for the Towns indempnitie in all respects as the said select men shall accept of in the Townes behalfe. To which end it is further ordered that euery pson contracting as aforesaid shall within one month or lesse time after such contract giue notice of all such contracts. bargains or agreemts. made. or intended to be made to some one or more of the select men; from whome, or from some other pson in the name of the select men. if the pson so giueing notice haue no phibition giuen them in that case within one moneth after such notice giuen as aforesaid then they may pceed in thier intended contract. but if any pson being forbidden as aforesaid shall notwithstanding pceed to contract. or entertayne. contrary to this prsent order. or shall fayle in giueing notice as abouesaid euery such pson shall. for euerey months so continueing or entertayneing. forfiet to the vse of the Towne Twenty shillings to be Levied vpon the offenders goods. by the Constable by warrant from the select men or be recouerable by way of Action in a course of Lawe
APPENDIX.
CONTAINING TRANSCRIPTS FROM MASSACHUSETTS COLONY RECORDS,
MASSACHUSETTS ARCHIVES, AND SUFFOLK COUNTY COURT FILES.
It is ordered, that there shalbe a plantacon setled, aboute two myles above the falls of Charles Ryver, on the north east syde thereof, to have ground lyeing to it on both sydes the ryver, both vpland & meadowe, to be layde out hereafter, as the Court shall appoynct. [Sept. 2, 1635 : Mass. Col. Rec. I, 156.]
Ensigne Jennison, M' Damforth, & Mr Willm Spencer are deputed to sett out the bounds of the newe plantacon above Charles Ryver, against all other townes that ioynes vpon it, & each towne is pmitted to send one of their members to accompany them; also, they are to vewe the meadowe aboute the Blue Hills, & to informe the nexte GenTall Court to what townes it may most conveniently be layde. [March 3, 1635-6 : Mass. Col. Rec. I, 166.]
The 13th of the 2ª Month, 1636.
1Wee, whose names are vnderwritten, being appointed by the Generall Court to set out the bounds of the newe towne vpon Charles Ryver, do agree that the bounds of the towne shall run from the markt tree by Charles Ryver on the north west side of Roxberry bounds, one mile & halfe north east, & from thence three miles north west, & so from thence five miles southe west, & on the south west side Charles Ryver from the south east side of Roxberry bounds, to run four mile on a south west line, reserving the pprie- ties to severall psons granted by speciall order of Court.
William Spencer, Nicholas Danforth, William Jenison. [Mass. Col .. Rec. I, 173.]
Ordered, that the plantation to bee setled above the falls of Charles Ryver, shall have three yeares imunity fro publike charges, as Concord had. to bee accounted from the first of May next, & the name of said plantation is to bee Deddam, to enioy all that land on the southerly & easterly side of
1 See paper on "Northerly Part of Ancient Line between Dedham and Dor- chester," by Charles Francis Jenney, Dedham Historical Register, Vol. I, pp. 41 and 94.
236
APPENDIX.
Charles Ryver not formerly graunted to any towne, or pticuler psons, & also to have five miles square on the other side of the ryver. [Sept. 8, 1636 : Mass. Col. Rec. I, 179.]
Mª Nicholas Danfort, Mr George Alcock, & Mr Allen are appointed to set out the purchased land belonging to Dedham. And Mr Danfort, MI Allen, & Mª Collicot are to set out the bounds between Dedham & Dor- chester. [Nov. 15, 1637 : Mass. Col. Rec. I, 208-9.]
Mr John Oliver was appointed, insteed of Mr Damford, who is dead, to set out the bounds between Dedham & Dorchester the 14th 3d mº 1638, & to set out the 300 acres for the farme weh Dedham men did purchase. [May 2, 1638 : Mass. Col. Rec. I, 228.]
The towne of Roxberry is granted four thousand acres of land whear it may bee layde out wthout piudice to any plantation or former graunts, beca Dedam doth shorten them. [May 2, 1638 : Mass. Col. Rec. I, 229.]
[May 8, 1638, Committee appointed to set the bounds between Water- town and Dedham. See Mass. Col. Rec. I, 228.]
The 16ih of the 3th Month, 1638.
We, whose names are vnderwritten, being appointed by this Court to rectify the bounds betweene Roxberry & Dedham (together wth the lands purchased by Dedham,) have fully agreed concerning them by drawing an equall line of division by marked trees & stakes weh is corected from the southeast side of Roxberry bounds by a streight northwest line runing till it touch vpon Charles Ryver. Furthermore, in consideration of some straightnes at the westermost end of Roxberry bounds, by reason of the course of the river, it is mutually agreed, that a portion of medow shall belong vnto Roxberry, wch ioyneth towards the northeast vpon Roxberry, & is bounded towards the southeast by certeine marked trees from the line of division aforesaid (comprehending a narrow slip of vpland,) vnto a point of vpland on the brows of the marsh, & from thence by the northermost point of a little hillock of vpland in the marsh straight onto the ryver.
Edw : Alleyn Geo: Alcock John Oliver
[May 16, 1638: Mass. Col. Rec. I, 230.] The 17th of the 3ª Mº, 1638.
Wee, whose names are vnderwritten, being appointed by this Court to rectify the bounds between Dedham & Dorchester, have agreed to strike the headline of Dorchester from a marked tree by a fresh brooke, (now comonly called Huggins Brooke,) to a certeine stake of vpon Dorchester plaine towards the top of the great Blew Hill. & to run from the stake aforesaid vpon a straight line south west to another stake at the entrance of the great ragged plaine, & there set of towards the southeast 10 rods vnto another stake, from whence it runeth againe, vpon a straight south west line,
APPENDIX. 237
to a small tree marked standing about the middle of the plaine aforesaid ; & from thence the line is varied one point southerly to a certeine stake vpon the brow of a little hill in sight, and so to run as the line of partition between the said townes of Dorchester & Dedham, to extend to Plimoth bounds.
Edw: Alleyn Richrd Collecott John Oliver
[May 17, 1638: Mass. Col. Rec., I, 231.]
For a finall end of all differences betweene Watertowne, Concord, & Dedham concerning the bounds betweene the said townes, it is ordered, that Watertowne 8 miles shalbee extended vpon the line betweene them & Cam- bridge so farr as Concord bounds will give leave, & that theire bounds by the ryver shall run 8 miles into the countrey in a straight line, also as the ryver doth for the most part run, & so to take in all the land of that side of the ryver weh will not fall into the square of 5 miles granted to Dedham, & that the neck on the same side of the ryver neare to Dedham towne shalbee cast into the said square of 5 miles to make vp the same, so as the said square is to bee accounted by the quantity, & not by the scituation, because the place will not beare it & that their 8 miles from Watertown meeting-house- shalbee by a line betweene both the other lines. [June 8, 1638 : Mass. Col. Rec. I, 230.]
The towne of Dedham is desired to spare 2 that are most fit to go wth Goodman Woodward, & Goo: Johnson, (if hee can spare time,) or another to bee got in his roome, to lay out the most southermost part of Charls Ryver, & to have 5 sh& a day apeece. [Sept: 6, 1638 : Mass. Col. Rec. I, 237.]
For explanation of a former order made the 8th of the 4th mº 1638,-It is now declared, that the southerly line of Watertowne shall run to Pertition. Poynt, & so vpon the same point still till it bee from their meeting house 8 miles; & that from thence their westerly bounds towards the newe plantation shalbee by a right line drawen to the furthest point of their middle line, wch is in or by Concord bounds, & from the said middle line by a line drawen to a pointe vpon their northerly line 8 miles from their meeting house ; & that the said southerly line shalbee the bounds between Dedham & Watertowne, & Dedham line to run on vpon the same point till they have taken in their 5 mile square, so as it shall not run wthin two miles of Coijchawicke Ponds, & so to bee set out by Mr Oliver, who hath already begun. [May 22, 1639 : Mass. Col. Rec. I, 257.]
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