USA > Massachusetts > Norfolk County > Dedham > The early records of the town of Dedham, Massachusetts. 1659-1673, Volume 4 > Part 25
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Dedham 6ª 7m 1643
To ye worpfull : Mr John Winthrope governour wth ye rest of ye honorable. court assembled at Boston, your humble petitioner sheweth
That wheras he hath divers yeares since giuen & paid into ye comon tresury of this colony ye sume of 25£ by ye hands of one Thomas Fisher
.
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then of Cambridge as is well knowne to ye Worpful MT Dudley: in concidera- tion wherof a pmise was made in name of this said colony of ye grat of cer- taine lands upon demand thereof. Now therefore your humble petitioner craveth-That it would please this court to grant unto him & his heires such a portion of lands as is wont to be granted in like cases & further yt it may please ye court to give power to Leiuetenant Lusher of our said towne & such other as ye court shall please to name, to lay out ye said lands in some place undisposed of as neere ye bounds of our said towne as may conveniently be found. And your petitioner shall remaine as ever yours affectionately de- voted to his power, to seeke ye wellfare of you all & this whole colony
John Allin
(Autograph Letter)
Wee conceiue that Mr. Allyn should have 100 acres graunted to be layde out by Leift Lusher & Edmond Ryse ( ) [Mass. Arch. XLV, 8.]
M" John Allen, the pastor of Dedham, is granted 200 act of land, to be layd out by Eleazer Lusher & Edmond Rice [Oct. 17, 1643 : Mass. Col. Rec. II, 52.]
In regard of the great danger yt Concord, Sudberry, & Dedham wilbe exposed unto, being inland townes & but thinly peopled, it is ordered that no man now inhabiting & settleed in any of the said townes (whether married or single) shall remove to any other towne without the allowance of a magis- trate, or other selectmen of that towne, untill it shall please God to settle peace againe, or some other way of safety to the said townes, whereupon this Cort, or the councell of the comon weale, shall set the inhabitants of the said townes at their former liberty ..
[Aug. 12, 1645: Mass. Col. Rec., II, 122.]
To the much Honoured: ye Gouer the Deputy Gouet the Asistants to- gether wth the Deputies of the prsent Genrall Court
The Humble petition of Eleazer Lusher: in ye behalf of ye Town of Dedham sheweth:
That whereas it pleased the much Hon". m' Dudley. our prsent Dept Gour. diuers years past out of his free good will & bounty to giue & grant to our foresaid town. one pcell of Land being pt of a Farme of his. wch said pcell conteyne 150 acres & that hetherto it is not layd out nor settled. that soe our said Town might enioye & empue the same nor any man by the Court apointed ther vnto
This therfor your petitioner humbly prayeth. that this Court would be pleased to appoint and Authorize: Capt Humphery Atherton of Dorchestert to appoint bound & settle the foresaid pcell of Land according to the gran. & intent of our much Hone" Deputy Gouernour. and your Petitioner shall be still further engaged to pray for the prsence and blessing of ye Almighty. euer to be wth you-
Eleazer Lusher in the behalf of the town of Dedham
.
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APPENDIX.
The deputs have graunted this request pvided that Roxberry have timely notice when it is to be donne : desiringe or honnored magists concurrance heerein
Edward Rawson.
Consntd to by the magistrat, Jo: Winthrop: Gour
[No date: Mass. Arch. CXII, 25.]
In ans" to ye peticon of ye toune of Dedham, itt is graunted & ordered, yt Capt Atherton lay out ye bounds, & settle ye 150 ac's ye honnored Deput Goun" gave out of his farme to ye toune of Dedham. By both. [May 6, 1646 : Mass. Col. Rec., III, 68.]
To the honored Gouerner Majestrates & Deputies Assembled at the Generall Court at Boston
The Petition of the Inhabitants of Dedham Humbly sheweth
That whereas our Towne of Dedham is Scituate nere vnto a Swampe which Swampe at our first deuiding of lands in our towne was allotted out to euery man according to his pportion it being then conceiued by vs to be the most speedy way of clearing & orderly improueing the same: euery man being enjoyned to cleare a certaine quantitie euery yeare. But now very lately we vnderstand yt there was an order made long befor by this Honor Court yt all Swamps of that quantitie should lye common which till very lately we were wholy Ignorant of: Now beinge we haue bin at charge to lay out the greatest part of it into proprieties & diuers haue bin at charg in cleareing the same we humbly conceiue yt if the said Swampe should now be layed Common againe it might disturb the peace of our towne which we desire by all lawfull meanes to preserue:
Our humble Petition therefore to this Honoured Court is yt y" would be pleased to pase by yt which we haue done in laying out the said Swamp into proprieties contrary to ye order aforesaid it being Ignorantly done: And yt y" would be pleased to ratifie yt we have done in disposing ye said Swamp into pprieties & grant vs libertie to dispose of the residue of it as of any other lands in our towne: And yr humble petioners shall be further engaged to pray for ye welfare of this honor Court etc: Eleazer Lusher, John Haward, John Dwight, Henry Chickering, Michael Powell, Anthony Fisher.
(Autographs.)
We conceiue that this petition should be granted
(On the back) The howse of Deputyes haue graunted this petition who desire the Concurrance of our honerd magistrats therin
Richard Russell Clark
of ye howse
16(3)46 The magistrats concurre wth ye Deptyes in ye Answ: to this Petition Jo: Winthrop: Gour [Mass. Arch. CXII, 19.]
In answere to ye petition of Dedham for their greate swamp to be con-
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APPENDIX.
firmed to ym, it is granted to them in ppriety [May 6, 1646 : Mass. Col. Rec. II, 148.]
In ans' to a petition of the inhabitants of Dedham For a parcell of vpland and meadow adjoyning to their line to make a villadge of, in quantity 4 miles south and north, and three miles east and west, because they are streightned at their doores by other tounes & rocky lands, &c. Their request is graunted, so as they erect a distinct village therevpon wthin one yeere from this day, Octob 23, 1649 ; & Capt Keajne, M' Edward Jackson, & the survey" gennerall are appointed to lay it out at any time, Dedham giving them a weekes warning. By both. [Mass. Col. Rec., III, 181.]
Dedham is granted so much land, both meadow & upland, on the west- ern bounds of them, beyond the ryver, so as they erect a village there wthin one yeare from the 22th 8th mº: & that Capt Keayne, Mr Jackson, & the survey" gen"all lay it out at any time, Dedham giving them a weeks warning. [Oct. 17, 1649: Mass. Col. Rec., II, 283.]
Whereas there was a graunt made by the Generall Court at a session the 22th of the 8th moth 1649, vnto the inhabitants of Dedham, in answer to a petition of theires for the enlargement of the village theire, as by the sajd graunt may more fully appeare, this graunt, so made, was layd out by Captayne Robt Keaine & M' Edward Jackson, who haue subscribed it with theire hands in manner & forme followinge, vizt: beginninge at a small hill, or iland, in the meddow on the west side of Charles Riuer, & runinge from thence about full west three miles, and then, turninge a south line, ended at Charles Riuer, at three miles & a quarter, this line beinge there shorter then by the graunt it was allowed to be, but accepteed by the grauntees, the sajd riuer is appointed to be the bounds from that place to the place where the first lyne began. This Court doth approue of this returne of the psons aboue mentioned concerninge the bounds of the sajd village, &, in answer to the request of the inhabitants of Dedha, doe order that it shalbe called (Meadfeild) p Curia. [May 23, 1650: Mass. Col. Rec., III, 188 .- See also IV, part I, 6.]
There beinge a towne lately erected beyond Dedham, in the county of Suffolke, vppon Charles Riuer, called by name of Meadfeild, vppon theire request, made to this Generall Court, this Court hath graunted them all the power & priuiledges which other townes doe injoy, according to law. p Curia. [May 22, 1651 : Mass. Col. Rec., III, 228.]
Whereas the Gennerall Courte, in the beginning of the toune of Dedham, graunted vnto the inhabitants thereof a tract of land, five miles square, vppon the north side of Charles River; but afterwards, vppon the laying out of Water Toune ljne, it did appeare that there was not roome there left for the former graunt made to Dedham, to lye in that square forme before expressed, where vppon another graunt was made by the Gennerall Courte, dated 22th of
APPENDIX. 241
the 3d month, 1639, ordering, that the sajd tract of land should be lajd out to runne along so as the foresajd quantitje should be taken in according as the place would beare; in which order, also, one clawse doth restrajne the ljne that it shall not come within two miles of Chochittawate Pondes; but now, vppon experience and testimony presented in this Courte, it doth appeare that the foresajd ponds are within lesse then two miles of Charles Riuer, by reason whereof the sajd tract of 5 miles square cannot be taken there according to the graunt,-this Court, in consideration of the premisses, doe order, that the foresajd clawse, restrajning the ljne not to come within two- miles of the aforesajd ponds, be made of none effect, but that the aforesajd graunt or tract of land be lajd out according as the place was then capable at that time when the graunt was made, provided that Water Toune ljne be not hindered thereby. [Oct. 30, 1651 : Mass. Col. Rec. IV, part I, 75. See also III, 247.]
Dedham 21: 7mo: 1650
Vpon the consideration that the sattisfying the Motion about the accom- odation of the Village to bee Erected for the Indians att Natick is a matter of great Concernemt in many respects it is thought meet to Nominate & de- pute these men whose names are under written to take a carefull & speciall veiw of the Land in pposition to that end, who are desired alsoe to make returne of their Apprhensions therein to the Select men & the Towne: Eleaz: Lusher Leift Fisher, John Dwight Anthony Fisher Senior Francs Chickering, John Hayward, Serjt Fisher Ensigne Phillips, John Gay Thomas Wight, Henry Chickering.
This is a true Copy taken out in ye Townes booke: Testi: By me / Joshua Fisher / Towne Clark
This is A true Copie Comprd wth the originall left on file as Attest Edw. Rawson Recorder. [Mass. Arch. XXX, 16.]
The petition of John Eliot of Roxbury to this honourd Court
Sheweth That seing the wisdo of Gods Providence hath cast vs, to begin or Indian work wthin the bounds of that grant wch the Court was pleased to grant to Dedham. seeing also theire towne is so seated on the edg of theire lands, yt othr townes come vp to theire dores. my humble request on theire behalfe is: yt this hono'd Court would please to treate wth the oth" townes bordering vpon them, that as they yeild vp much to the Lords vse on the one side, so theire neighbours would be helpfull to them by yeilding vp. somewhat to them on the other. & thus beging the good blessing of heaven on all your holy counsels & labours, & beging of you, your prayres for me, I take leave & rest
Natik this 23 of the 8t. 51.
your w'ps to comad in Christ John Eliot
[Mass. Arch XXX, 21]
[Autograph Letter.]
*
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APPENDIX.
In answer to the peticon of Mr John Elljott, & vppon the motjon of the in- habitants of Dedham, tendring the furtherance of the Indian plantation at Naticke, to allow them two thousand acres within their bounds, provided they lay doune all clajmes in that toune elsewhere, and sett no trapps in vninclosed ground, this Courte, approoving their tender therein, doth order, that the deputjes of Dorchester, Roxbury, Water Toune, Cambridge, and Sudbury, together with the deputjes of Dedham, shall be a comittee to con- sider and act further therein; and that in case M' Elljott shall, in the behalfe of the Indjans, desire more of Dedham land, they may stirr vp and moove their seuerall tounes to further that worke by yeilding some land in each of their tounes adjacent, to recompence Dedham for what land they shall part with, ouer and above the two thousand acres abovesajd.1 [Oct. 30, 1651 : Mass. Col. Rec. IV, Part I, 75. See also III, 246. See also Mass. Arch., XXX, 21.]
Itt is ordered, that Capt. Eleazer Lusher, Mr Edward Jackson, the sur- vejor gennerall, Wm Parks, and Sarjeant Sherman, or any three of them, shall- be and are hereby impowred to lay out meete bounds for the Indjan plantacon at Naticke, betweene this and the next Court of Eleccon making theire retourne to the Courte. [Oct. 26, 1652: Mass. Col. Rec., IV, Part I, 112. See also III, 294.]
There beinge a difference betweene the inhabitants of Dedham & seuerall of the Indians about land which the Indians doe challenge within the bounds of there towne, vppon there request to this Court, Mr John Glouer, Capt Guggan, the surveyor generall, Mr Edward Jackson, & Leiut Roger Clapp, are appoynted a comittee & impowered to consider & determine what they shall judge necessary in relation to theire request, & make theire returne to the next session of this Court. [May 18, 1653: Mass. Col. Rec. III, 306 .- See also IV, Part I, 148, date June 2, 1653.]
Whereas the toune and plantacon of Dedham being somewhat remote, and maybe in more dainger then some others are, this Court doth therefore order, that the surveior gennerall shall deliuer vnto the selectmen of Dedham one of those drakes at Roxbury, (pvided they sattisfy them what charge they haue expended in mounting the sajd gun, and also keepe it in good repaier,) fitt for service, and the survejor gennerall is heereby impowred to fetch a greater gun from Dorchester to Roxbury, if it be desired, paying for the mounting of it. [May 18, 1653: Mass. Col. Rec., IV, Part I, 138. - See also III, 301.]
1 See copy of letter to General Court dated May 11, 1654, from the Town of Dor- chester, in answer to a letter from the General Court of Sept. 13, 1653, relating to Indian work at Natick and the accommodation of Dedham with some of their land. [Fourth Report of Record Commissioners of Boston, p. 68.]
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APPENDIX.
The inhabitants of Dedham, p'feringe a petition for releife in respect of some affronts offred them by the Indians, as also as, also' some difference in relation to land betweene them, are referred to a course of law for releife in yt case. [May 23, 1655: Mass. Col. Rec., III, 385 .- See also IV, Part I, 234, date May 29, 1655.]
For the better orderinge and governinge the Indians subject to us, especially those of Naticke & Punquapaog
It is ordered that Major Atherton doe take care that all such Indians doe liue accordinge to our lawes as far as they are capable; And to that end the sd Major is heereby authorised to constitute and appoint Indian Comis- sioners in their seueral plantations, to heare and determine all such matters that doe arise amonge themselues, as one magistrate may doe amongst the English; wth officers to execute all Comands & warrants as Marshals and Constables. And further that the sd Major Atherton, wth the sd Comissioners shal haue the power of a Countie Court to heare and determine all Causes arising amongst them, the sd major appointing the time & place of the Court and consenting to the determination or judgment, and all other matters beyound their cognizance, shall be issued and determined by the Court of Assistants The magists haue past this wth Referenc to the Con- sent of theire brethren the deputs heereto Edw. Rawson secret
The deputyes Consent hereto
1: 4 :- 58 William Torrey Cleric.
[Mass. Arch. XXX, 74 .- See also Col. Rec., IV, Part I, 334.]
It being found by Long experience, that a great pt of time if not the greatest which is spent by or Honord Comissions of the Vnited Colonyes at their Anuall meetinges is about affayres relateing to the Indians, the Charg of which hath hitherto bin put vpon the accº. of the English notwithstanding the little or no benefitt accrewing to vs Thereby, which this Court consider- ing of, doe hereby order it to be Comended to the Considerat. of the Com- issioners at their next meeting by the Honord Comissiors of this Colony That some proportionable allowance may be made from time to time, for & towards the Charge of the Indian busynes as in their wisdoms they shall Judge most meet the deputies haue past this desireing or Honord magistrates hereto (8) 4-58 William Torrey Cleric.
Consented to by ye magists Edward Rawson secrety
[Mass. Arch. XXX, 74. See also Mass. Rec. IV. Part I, 324.]
In ans" to the peticon of MT John Elljott, on behalfe of the poore Indians at Naticke, humbly desiring that M' Bradstreetes farme, lately lajd out to theire prjudice, may be considered, & themselves releived, and that a comittee be appointed to finish the laying out of the Indian plantacon at Naticke bounds,-in referenc to M' Bradstreets farme, the Court, vpon what hath binn alleadged & testified by M' Jackson & Left Fisher, judg the sajd Farme to be orderly lajd out, and doe further order, that Major Atherton,
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APPENDIX.
Capt Lusher, Leftennt Clap, Deacon Wm Parks, or any two of them, be a committee impowered to lay out convenient bounds to Naticke, out of the comon lands adjoyning, and are also desired to treate with Dedham, and compound wth them for such lands as lye adjoyning to ye sajd place, & seemed to be necessary for the Indians, and make retourne to the next Court, provided the country be put to no chardg of stocke thereby. [Oct. 19, 1658 : Mass. Col. Rec. IV, Part I, 362.]
Wee, whose names are subscribed, being appointed by the Generall Court to lay out the bounds of the Indian plantation called Naticke, having considered the lands neere adjoyning to the sajd place, doe finde that diuers former graunts of toune boundes & farmes doe greatly obstruct the convenient accomodation of the sajd plantation wth suitable lands, doe hereby order & determine, (not medling wth what is still controuersall betwixt Dedham & Naticke,) that the bounds of the sajd plantation shall extend by the riuer from Naticke present meeting house as farre as the house of Nicholas Woods, & from his house to be continewed vpon a westerly ljne fower miles, and westerly the bounds thereof to extend as farre as Chochittuate Brooke at the comon passing place or high way that leadeth from Sudbury to Jnº Stones house, and from thence the bounds to be John Stones land & Sudbury Riuer, extending vp Sudbury Riuer fower miles, to be measured by a streight ljne from the aforesajd comon wadeing place on Chochittuate Brooke, and from the sajd termination of fower miles to be bounded by a streight ljne extending to the aforesajd termination of fower miles that lead- eth from the aforesajd house of Nicholas Wood; and all the land lying wthin the sajd compasse adjoyning to the bounds of Sudbury, Dedham, & Water Toune, not formerly graunted by the Generall Court to any toune or partic- cular persons, to be & remajne to the vse & only behooffe of the sajd plantation, provided alwayes none of the Indians or theire successors shall haue power to sell, aljenate, giue, or dispose of any the sajd lands from the sajd plantation, nor shall any of the sajd lands be ljable to any judg- ment or execution in any ciuil action, wthout the consent of the Generall Court first had & obtejned, but all such act or acts to be accounted illegall & voyd in lawe, whether to Indians, English, or any other nation or people whatsoeuer; provided that this shall not prohibitt the sale or aljenation of any the sajd lands from one Indian to another, hauing the approbation of such of the honnored magistrates as shall from time to time be ordered to attend ye sajd plantation in matters of judicature.
Symon Willard, Humphrey Atharton, Tho: Danforth, Roger Clapp, Isacke Heath, Willjam Parkes.
[Oct. 20, 1659 : Mass. Col. Rec., IV., Part II, 408.]
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The Court, before they consented to this retourne, ordered, yt ye toune of Dedham should haue notice giuen them, yt they haue liberty to send some persons to plead theire tounes interest, or wt else they haue to say in ye case before the Court the next fowerth day, & that Mr Elliott also haue notice giuen him to be present at the time appointed.
Vpon hearing of both partjes, itt is agreed & consented to by all ptjes, that whereas mention is made of Naticke meeting house for a point to guide the ljnes that standeth wthin Dedham lands & bounds, it is to be understood that the graunt to the Indian plantation is only of such lands that are free from former graunts, & haue not binn taken vp by others, by order of this Court, and that this guift of the Court beginns where the sajd ljnes doe meete wth Dedham ljnes, and no lands formerly graunted to Dedham is inclu- ded therein ; and so the Court allowed of the retourne aboue signed wth this condition added thereto. [Oct. 28, 1659: Mass. Col. Rec., IV, Part I, 409.]
29. (5) 59: Wee whose names are subscribed, being appoynted by the Gen11 Court to lay out the bounds of the Indian plantaccon called Naticke, Haveing considered the lands neere adjoyneing to the said place, do find that divers form" grants of Towne bounds & farmes, do greatly obstruct the convenient accomodation of the said plantaccon wth suitable lands, and do hereby order & determine not medling wth what is still controversal betwixt Dedha & Natik that ye bounds of the said plantaccon shall extend by the river from Naticke prsent meeting house as farr as the house of Nicholas Woodes, & from his house to be continued vpon a Westerly line 4: miles. and westerly the bounds there of to extend as far as Cochittuate brooke, at ye comon passing place or high way yt leadeth from Sudbury to Jnº Stones house, & from thence the bounds
to be Jnº Stones land & Sudbury river, extending vp Sudbury Riur. 4: miles. to be measured by a strayte line from ye afore said Comon wadeing place on Cochittuate brooke, & from ye said terminaccon of 4 : miles. to be bounded by a strayte line extending to ye aforesaid terminaccon of 4: miles yt leadeth from ye aforesaid house of Nicholas Woodes and all ye lands lying wthin ye said compass, adjoyneing to ye bounds of Sudburje Dedham & Water- towne not form'ly granted by ye Gen"all Court to any Towne or pticular persons, to be & remaine to the vse & onely behooffe of the said plantaccon. pvided alwayes none of the Indians or their successors shall have powr to sell alienate, give or dispose of any the said lands, from ye said plantaccon nor shall any of ye said lands be liable to any Judgmt or execuccon in any Civill accon, wth out ye consent of ye Gen'all Court first had & obteined, but all such act or acts to be accounted illegall & voyd in Law whether to Indians, Enlish, or any other nation or people whatsoeur, pvided that this shall not phibitt the sale or alienaccon of any the said lands from one Indian to another. haveing the
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appbaccon of such of ye Hond. Magistrates as shall from time to time be ordered to attend ye said plantaccon in matters of Judicature
Simon Willard Thomas Danforth Humphrey Atharton Isack Heath William Parke Roger Clap [Autographs] [Mass. Arch., XXX, 79 .- See also Mass. Col. Rec., IV, Part I, 408.]
(On back of above paper.)-
The magists Approove of this Retourne if theire brethren the deputs Consent hereto
20 october 1659 Edward Rawson secret
The deputyes Consent not hereto but Judge it meet that Notice should be giuen first to the Towne of Dedham who are concerned herein that they may haue libertie to send some psones who may pleade the Townes Interst or what else they haue to say in the case before this Court the next fourth Day by nyne of the clock, & that m' Eliott haue also Notice to be prsent, at the time appoynted with reference to the Consent of or Honord magists hereto
William Torrey Cleric.
Consented to by ye magists. Edward Rawson Secret
28 8th mo. 59. vpon hearing of both ptyes, It is agreed and consented by all ptyes, That whereas menccon is made of Naticke meeting house for a poynt to guide the lines, that standeth within Dedhams lands & bounds it is to be vnderstood, that the grant to the Indian plantaccon, is only of such lands that are free from form" grants, & have not ben taken vp by others by order of this Court, and that this gift of the Court begins where ye said lines do meet wth dedham lines, & no lands form" granted to Dedham is included herein.
The magists haue past this wth Refferenc to ye Consent of theire breth- ren the deputs hereto.
Edward Rawson secret.
The deputies consent hereto William Torrey Cleric.
[Mass. Arch., XXX, 80 .- See also Mass. Col. Rec., IV, Part I, 408.] Naticke, May 10th, 1660.
The bounds of the abouesajd plantation hauing binn measured out according to the order of the Gennerall Court, & found to be in quantity farre lesse then was supposed by the comittee that stated the same, & not only so, but the most considerable lands, both of meadow & vpland, taken vp by the English before the Indians graunt, weh tendeth much to the dis- couragement of the poore natives, wch are willing to shroud themselues vnder our protection from the malice of such as theire & our ennemyes, wee, whose names are subscribed, considering the premisses, doe judge meete, that theire bounds on Sudbury Riuer be continued one mile to the westward of Coowasuck Brooke, wch will be an enlargement neere halfe a mile in yt
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