USA > Massachusetts > Norfolk County > Dedham > The early records of the town of Dedham, Massachusetts. 1659-1673, Volume 4 > Part 26
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angle of theire bounds ; and also that they may haue liberty to seeke out eighty acres of the neerest meadowes, to be added to theire plantation; & that. in all other respects theire bounds & limitts be confirmed to them as in our former returne, vizt, taking in all the lands lying wthin the sajd con .-. passe, adjoyning to the bounds of Sudbury, Dedham, & Water Toune, not formerly graunted by the Gennerall Court to any toune or perticcular per -- sons, the westerly ljne is runne almost halfe a point to the southward of the west.
Symon Willard, Humphrey Atharton, Tho: Danforth.
This Court allowes & approoves of this returne.
[May 31, 1660: Mass. Col. Rec., IV, Part I, 428 .- See also Suffolk Court Files, No. 359.]
At the General Town Meeting ye 2 (10) 1661.
The Same Day it was voted that William Sumner and William Robin- son were appointed to lay out a Way between Dedham & Neponset-Mill. And they are to bring their Return to ye Selectmen by the Tenth Day of the next Month. They are to giue Warning to Dedham, and appoint a Day, & to Join with them.
A true Copy from Dorchester Records.
Attest James Blake Jun". Town Clerk.
We whose Names are under-written, the 19ª (101) 1661, Did lay out the Country Way between Neponsit-Mill & Dedham Line, Four Rod broad, and marked Several Trees on both Sides ye Way.
Of Dedham Peter Woodward & John Farington
Of Dorchester William Sumner William Robinson
A true Copy from Dorchester Records.
Attest James Blake JunT. Town Clerk. [Suffolk Court Files, No. 417.]
At a County Court held at Boston 27th January 1662.
It is Ordered, that Left. Griffin Crafts of Roxbury, Ensigne Daniel Fisher of Dedham & Serjt. George Barbur of Meadfield, or any two of them be & are hereby impowered as a Committee for the ordering the new build- ing or repairing of those bridges in Dedham, which by the Comittee appointed in last October County Court were allowed to be County Bridges, and for the agreeing wth. workemen whosoever & taking in their Accots. & returning the same to the County Treasurer and all in the first opper- tunity & make Returne to the next Court of this County.
A true Copie of the Order as it stands entred in the Courts Booke of Records, thence Drawne & Examined
Attest Joseph Webb Cler
[Suffolk Court Files, No. 497.]
An Expedient for ye Ishuing of the Case Depending Betweene the Church of Dedham & the Elders of the Church of Roxbury propounded
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unto yll by those of their Christian frinds & Neighbors that were prsent at ye debateing thereof Sept: 17th: 60
Haveing bin desired as frinds & helpers of the joy & peace of or bretheren to Attend ye heareing of the Case, betweene ye Reverend and be- loved Eldrs and bretheren of the Church at Dedham & two of the Reverend Elders of the Church of Roxbury, & to advise yrin as the Lord should help according to the best app'hensions yt in so great streigts of time & a Case so lengthy have bin prsented to us, wee doe wth all Love, & tendernes, by way of pposition, yet wth Earnest desire that it may be received in ye Lord, tender unto both the partyes before mentioned (our much honord, higly esteemed and indeared frinds & bretheren) as followeth.
That in ye : 1st : perticuler referring to those Lands possessed by the Indians on the South Side of Charles River, these two things may bee acknowledged, by mr Eliot, : That if his Actions in disposeing yrof & in- courrageing of ye Indians therein had binne as they appeared to bee to ye bretheren of Dedham, they had bin very irregular, and such as he will not justify in himselfe or Any other, -: Secondly that as hee was a principall guide, & leader to these Natives in ye wayes of God, he ought not only to have instructed ym, in the Rule in Generall, referring to Civill right, but also both himselfe, & they to have Attended such reasonable motions, as were made by the bretheren of Dedham for a peaceable and righteouse Issue of so great a Controversy:
And whereas mn" Eliott Doth sollemly pfess that he did not formerly understand ye minde of or bretheren of Dedham, as of late & now further in a more free, and full Agitacon of particulers doth appeare that ye Reverend Elders & bretheren of Dedham doe accept of that his affirmacon, he haveing acknowledged the Rule as is before expressed
2: For the offences contained in the 4th: 5th: & 6th: pticulers, referring to seuFall transactions that have passed betweene the Church of Dedham & Mr Eliot, wth Elder Heath: That Mr Eliott (and Elder Heath soe farre as Con- cerned doe not only acknowledge the Rule but alsoe yt ye offences therein taken by the bretheren of Dedham, have not bin wthout occasion, thereof ministred by his words & Actions, as alsoe that the Brn of Dedham bee pleased to Consider the difference of App'hension in the first pticuler hath bin noe smale Temtation therein
3ly For the second & 3ª pticuler Containeing offences taken at m' Eliot & Elder Heath, They haveing in the agitation thereof sollemnely pfessed that in what they did therein they Attended yir best light for the edi- fication of the Church over which the Lord hath sett them & haveing given such Answere to that matter of their promisses as Love, and Candor may accept wee see not how regularly they may be Charged with offence therein.
4ly That ye Bren of Dedham be Desired for Christs Sake Loveingly to
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APPENDIX.
Grant unto the Indians the Lands now possessed by them & in question on the south side of the River vpon the Cautions pvisos & Consideracons fol- loweing
1st: That some meet persons doe veiw the Lands & witli y™ agree vpon ye quantity to be granted and the bounds thereof.
2ly That ye worth of such a quantity being duely estimated The Generall Court be desired to Grant unto Dedham such Lands elce where as may be equivolent thereunto.
3dly that the Indians doe ingage to forbeare any Further incroachmt be- yond the bounds, that shall bee now stated & granted & doe for ever dis- claime all Title to any part of ye rest of Dedham Lands & also doe owne & acknowledge the justice of their Title.
4thly That the Indians do acknowledge what is now granted unto them (at least any more y" wt they were in actuall & imediate possession & improve- ment of before Dedham was Planted) to bee from the Love & Christian con- desendency of ye English of Dedham & not from ye right of Any Indian Title out bidding theirs.
Vpon these considerations we hope the Brn of Dedham will from gra- cious Gospell principles of selfe Deniall, Love, peace, & desire to further Christs work among ye Indians & Considering how greivous it will bee to those poore natives to bee put from the Lands which they have so long pos- sessed: be perswaded to yeild up those Lands & the rights they have yr in
Finally : considering (as wee hope Each party concerned will Consider the Temtations & difficultyes wherewth thoe managemts of such affaires (as the persons before mentioned have bin ingaged in) & are incumbred & how hard it is for any of us not to step awry, in such Agitaccons & transactions, as alsoe the joynt & sincere Concurrence (as wee doubt not of all these or Brã : in the same Common, & maine ends of truth peace, justice, purity, & piety, though as to perticuler cases and wayes, we are, and must look to bee of Different apprhensions while wee are in this world wee Earnestly desire, there may bee an Exercise of Christian forbearance in these things .-. And as on the one hand wee doubt not but if any person concerned, bee Con- vinced Error in the p"misses they will readily, & concientiously acknowledge it, soe on the other hand if they bee not, after that Brm: have left their apprhensions & arguments one wth another, wee Conceive that in matters of this nature where any further posecution: Cannot in likelyhood bee unto Edification, they may safely beare ym & pass them by forbeareing & forgive- ing one an other (Coll : 3 : 12 : 13) and continue in love & Loveing Commu- nion for the future not wth standing. [Mass. Arch., X, 49, 50.]
- This shall certifie whomesoever it may concerne, that wee the Inhabitants of Dedham have Chosen, and Authorized or beloved bretheren Leift Joshua Fisher, and Serjeant Daniell Fisher, to treate, & conclude with the much honord Generall Court Now Assembled at Boston or any Towne, person, or
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APPENDIX.
persons for, & on the behalfe of our sayd Towne of Dedham, in Any Case concerneing the accomodation of Natick, and the Indians ye Inhabitants there as alsoe the accepting and receiveing Any Lands, & if any bee ten- dered in exchange, or Any other thing, that is necessary to bee Considered therein according to their best discression : 20th of 8 mo: 1651
This is a true Copy taken out of the Townes Records 28th: 11mo: 1661 As Attests: Edw Rawson Record"
John Hunting Eleazer Lusher Peeter Woodward Edward Richards
[Mass. Arch., XXX, 89. ]
To the Constable of Dedham or his Deputy :-
Yo" are required to Attach the Goods, and for want thereof the body of John Speene the Indian at Natick & Thomas Speene an Indian at Natick & take bond of him, or them to the vallue of sixty pounds, with sufficient surety, or suretyes for their appearance at the next County Court, holden at Boston then, and there to Answere the complaint of Timothy Dwight, and Edward Richards In an Action of the Case for Illegall possessing, and im- proveing, and Detaineing a parcell of Land Due to them by grant from the Towne of Dedham, as shall then & there be made appeare, and so make a true returne under yor hand Dated 21th of the 8th mº: 1661
By the Court Joshua Fisher
That this is a true Copie Attests: Edward Rawson Recordr
Endorst : This Attachmt was served the 21th of the 8th mº: 1661 upon the persons mentioned & bond taken by me Richard Ellice Constable
This is a true Copie compared wth the Originall as Attests Edw Rawson Record" [Mass. Arch. X, 88.]
To the Constable of Dedham or his Deputy
You are hereby hereby required to Attach ye goods, & for want thereof the bodyes, of JohnSpeene, & Thomas Speene, Indians at Natick jointly, or severally, and take bond of him, or ym to the vallue of sixty pounds with sufficient surety or suretyes for their appearance; at ye next County Court. holden at Boston then, and there, to Answere the Complaint of Timothy Dwight. and Edward Richards, in An Action of reveiw of ye Case, that the Court past Judgemt of in Octobr: last that was then Depending betweene the Plantifs, and Defendants and soe make a true returne hereof under yor hand Dated the 15th of the 11 mo: 1661
By the Court Joshua Fisher This is A true Copie Comprd wth the originall left on file as Attests Edw. Rawson Recordr
(On back.)-
This Attachment served upon the persons & bond taken according to this Attachment of Mr John Eliott the 23th: 11mo: 1661
By me Richard Ellis Constable
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APPENDIX.
This is A true Copie Compra wth the originall on file as Attests Edw. Rawson Record™
[Mass. Arch., XXX, 94.]
To the Counstable of Dedham or his Deputy
You are hereby required to Attach the goods and for want thereof the bodyes of the Indians about Natick Jointly or severally that make improve- ment of any of the Townes Land, besides the two thousand Acres that the Towne have tendred upon Conditions, to the furtherance of the Indian work, att the westerly end of their bounds ; on the North Side of the river & take bond of them to the vallue of one hundred pounds ;- with sufficient surety, or suretyes, for their appeareance at the Next County Court holden at Boston, then, and there to Answere ye Complaint of the Towne of Ded- ham in An Action of the Case, for their illegall possessing & improveing the Townes Land Contrary to their Consent & soe make a true returne hereof under yor hand : Dated 15th of ye 11 mo: 1661
By the Court Joshua Fisher
This is A true Copie Comprd wth ye originall on file as Attests. Edw. Rawson Record™
(On back.)-
This Attachment was served Vpon Waborne. John Speene, Nawanitt & Peeter Indian & Divers others and bound taken of mr John Eliott the twenty third of the 11th mº: 1661
By me Richard Ellice Constable This A true Copie Comprd wth ye originall on file as Attests Edw Rawson Record™ [Mass. Arch., XXX, 95.]
Att a County Court held at Boston. 28 Januy: 1661.
Timothy Dwight & Edw Richards of Dedham plt agt Jnº Speene & Tho Speene. Jun™ defendt in an acco of Revejw according to Attachment dat. 15 11 mo 61. After the Attachmt & euidences in ye Case produced were Read Comitted to ye Jury & are on file The Jury found for the plaintiffe ye lands in Controu'sy & Costs of Court The magists Refused the virdict & so it falls to ye Court of Asistants. This is a true Copie of ye Courts Judgmt as Attests Edw. Rawson Recordr
at sd Court.
The Towne of Dedham. plaintiff Left Josh. fisher & Ensigne Daniell fisher in their behalf & ye Indians of Natick. defendt waban. Jnº Speene Nowannit according to Attachmt dat 11 10 mo 1661. After ye Attachmt & other euidenses in ye Case produced were read Comitted to ye Jury & are on file: The Jury found for ye plaintiffs, the lands in Controuersy & Costs of Court The magists Refused this virdict. this is A true Copie of the Courts Judgmt as Attests
Edw Rawson Recordr [Mass. Arch. XXX, 98.]
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APPENDIX.
To the honnoured Court & Jury
In the Case Depending betweene Timothy Dwight Edward Richards and the Indians at Natick as alsoe in the like Case of Thomas Fuller, wee for easeing ye Court the Countrey & our selves of much expence of time, & tedious discourses crave leave to declare the grounds of Complaint to both Actions, as Plainely truely and breifly as God only wise & righteouss shall guide us, under these few heads followeing.
1 First the Grants from the Countrey are full & Cleare to the Towne of Dedham, of all the lands there Clearely includeing the lands in question as Appeares by the Generall Courts records now in question.
2ly. The sajd Lands are alsoe the prop right of the Towne of Dedham & soe of the plaintifs by the invitation or free Grant of the Indians as appeares by the testimony of the Reverend Mr Wilson & MT Allen.
3ly The sayd Lands are the prop right of the Towne of Dedham &º: for if no grant had bin from Chickatabut & the Indians there can noe more be due unto the Indians then what they had Improved before the law made Page: 40: Title Indians: sect: 2: which doth not reach the Lands now in question.
41y: The tender of Dedham to the Indians of 2000 Acres was on Condi- tion of their relinquishing of all other Claimes in Dedham elsewhere, Test: Richard Ellice Joshua Fisher Daniell Fisher Mr Allen. So that the Indians not quitting the Lands in question are legally Cutt off of haveing any Lands in Dedham bounds by the grants of the Country-2ly the Grants of the Indians: 3dly the Indians not acceptanc & resting in the Townes tender of the 2000 Acres.
51y: As for the Reverend Mr Eliotts Narration, & Allegations they are without probation, and therefore not needfull to bee spoken to in which wee humbly Conceive, hee is undr some misap'hensions, for M' Eliot hath owned the Land to be the Townes & that hee should Sinne to desire it: Test: Daniell Fisher, Peter Woodward.
61y: The towne have from time to time Asserted their interest in the sayd Lands as appeares by the testimonyes aforesd & by severall respectfull lettrs to Mr Eliott in which letters ye great tendernes of the Towne of Ded- ham to the Indians & willingnes to promote the work of ye Lord in his hands may manifestly appeare to the hono'd Court and Countrey: as alsoe by sev- erall Test aforesd := This is a true Copie Compared with the originall left on file as attests: Edw: Rawson Record" [Mass. Arch. XXX, 23.]
The declaration of the towne of Dedham and other the Inhabitants of that toune in the Case or Cases now depending betwene the Indians and them selues
first it is granted by Mr Elliat in the behalfe of the Indians. that all the Intre[ ] and right thay haue vnto the Lands in Contravercy is from the toune of Dedham and not from any other title or Intrest as appears by Mr
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APPENDIX.
Elliats oune acknowledgment vppon record and the testimony of peter woodward Richard Ellis and daniell fisher all vppon record vnto which wee refer
Nextly to Cleare it vnto this honoured Court and Jury that dedham did neuer graunte nor Allinate the Lands in Contraversey wee declare that the toune of dedham Neuer Granted any Land vnto the Indians at all what was don by any of the toune of dedham was only a tender of two thousand Acres of Land vppon Conditions to bee pformed by the Indians which was Neuer yett pformed by them. and therfore in strict terms of Lawe all is voyde but the tender that was made was noe pt of the Land in Contravercy: to Cleare this wee declare that the first transaction of the toune of Dedham relating vnto this was the 21th 7th mº 1650 at which time thay appoynted a Committe of Eleauen men to vew the Lands and make returne thereof vnto the select men and the toune that so thay might act accordingly for proofe of this wee refer vnto the toune record now in Court : but by the way wee declare that by the request of the reuerent m' Elliat: mr Allen and Liuett fisher went with mr Elliat to vew a place for an Indian plantation beyond dedham bounds and the same summer m' Allen and maior Lusher went with mr Elliat to vew the Lands thereabout but all this was before any act of the toune a bout it as appears by m' Allens testimony refferanc thereto being had so that what euer the discors was that past beetwene mr Elliat and m" Allen or the maior at those time relating vnto the Land in Contra- vercy it had noe relation vnto the toune for the toune did not Imploy them a bout it nor had any knowlidg of it as a toune. which being rightly vnder- stood will fully take of and Cleare m' Elliats declaration and many Conclu- tions hee draws from the discors hee had with m' Allen a bout the busines and herein wee Conceaue that the reuerent m' Elliat doth much mistake himself in drawing Conclutions from thenc as if it were the act of the toune of dedham which was noe such thing but a discors betwene m' Allen and him self which doth euidently appere by his Afferming that thay began thayer toune by dedhams Consent and Loue and approbation for sayth hee wee Ask it by mr Allen and Josh fisher and sayth hee m' Allen returned the Answer of Aprobation now Called Inclination and that mr Allen Loueingly went with them and Choose the place for thayer meeting house: but all this was before the toune of dedham acted any thing a bout it or had any knowlidg of it as a toune which shews m" Elliats great mistake in taking what discors hee had with m' Allen and Josh Fisher for a toune act. which is Cleare from his 4th pticuler in his last decleration for sayth hee the date of that meeting where in dedham moued shews that it was a yeare after thay had Consented to thayer sitting doune there. which euidently shews that mr Elliat took or mistook the discorse hee had with mr Allen and Josh: Fisher for the tounes Consent whereas the toune had not then herd of it nor acted in it as a toune. and mr Elliat sayth in his 5th pticulor that the first
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yeare thay planted orchards and fenced Lands: which was very true thay did so before dedham had any knowlidg of it as a toune which makes thayer Complaint to bee the more Just and thayer damage the greater Nextly wee Cleare it farther by the Voate of the toune bearing date the 27th 8th mº 1651 which did Impoure Liuett Joshua fisher and Sargent daniell fisher to treate and act in the busines with any whom it might Concerne as may there appeare referenc there to being had vppon which thay in the behalf of the toune made a tender of two thousand acres of Land vppon Condition that the Indians should Lay doune all other Clames of any Land within the toune bounds and forbere setting of traps &c now this Land thus tendred by them was on the westerly end of thayer bounds on the north side of the riuer and not any vppon the south side which thay doe Improue and that the Land thus tendred was in that place see the testimoney of Liuett Josuah fisher and Ensigne daniell fisher farther wee declare that this was the tounes order that the Land tendred should Lye at the westerly end of our bounds on the North side of the riuer and not on the South side as fully appears by the testimony of m' Allen maior Lusher Liuett fisher Ensigne fisher aud Sar- gent Ellis all on record vnto which wee refer : which being duly Concid- dered will fully remoue and take of all m' Elliats pleas in the behalf of the Indians that the place was Illimited and therfore thay might take that which thay did: but it doth plainely appeare by the abovsaid euidences that the place was Limated to the westerly end of the touns bounds on the north side of the riuer and not on the south side and one Condition of the tender of this Land on the north side of the riuer was that thay should Lay downe thayer Claime on the south side which thay had taken posesion of Contrary vnto the tounes minde and aprobation but it will bee alleged that the record of the Genarall Court semeth to Contradict what is a bouesaid: vnto which wee Answer that wee humbly Conceaue that it noe way Contradicts what wee haue said but for that record wee must declare wee had noe hand in it nor knowlidg of it which will fully appeare by m' Elliats oune afirmation or answer which hee Calleth his euidences in sextion the third to which wee refer where he sayth it was his petion and that the Courts order was in Answer vnto his petition and farther wee refer vnto what the secritary sayd in Court that it was recorded it in Answer to m' Eliats petition which fully shews that wee had noe hand in the recording of it and therefore noe reason that any plea vppon that accoumpt should preiudic vs. but to the record it self it only sayth that wee tendred two thousand Acres vppon the Conditions there expressed but doth not say where only within thayer bounds but although the record be silent in it yet the testimonyes fully proue that the place was Limeted and the record Clears it that thay were to lay doune all other Claimes but the two thousand Acres tendred and therefore this Land in Contrauersey and it may euidently appere from that record that this Land in Contravercy was noe pt of the two thousand acres tendred because by
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that record it doth appere that there was a Committie appoynted to Con- cidder and act farther therein that incase m" Elliat desire more Lands that then thay were to moue thayer tounes a bout it to allow Lands in way of exchainge which neuer was don nor any other satisfaction tendred but for the tounes Long sufferanc and forbearanc in not prosicuting the Indians vntill now its noe Just ground of mr Eliats of drawing such Conclutions from it as hee doth but our delaye was in order vnto the honoured Genarall Courts plesure by thayer Comitties appoynted from time to time to Issue that Case by giuing vs satisfaction otherwayes which appers to bee the Courts order that wee should bee satisfied but wee doe declare that wee haue often As- serted our Intrest from first to Last as playnely appears by seauerall trans- actions of the busines vnto which wee refer and might Abundantly more Clere but it would bee to tedious and wee doubt not but it is well knowne the premises being duly Conciddered wee doubt not but it will euidently appere vnto this honowred Court and Jury how much wee haue suffered and that the Last verdict was Just in giuing vs our Lands and hope that this hon- oured Court and Jury will see Just Cause to Conferme the same all which wee Leaue vnto the wise Concidderation and rightious determination of this honoured Court and Jury
Joshua Fisher Daniell Fisher in the behallfe of the Towne of Dedham Timothy Dwight & Edward Richards
[Mass. Arch. XXX, 24, 25.]
Natik case drawen up in defence of the pore Indians of Natik in theire rightfull injoyment of theire houses orchards cornefeilds & other labours, against the Towne of Dedham, who sued them at Court to take them away frö them, & drive them into the untyld wildernesse, to begin againe.
In the case I prmise 2 things. 1 these lands ly about 7 or 8 miles off from Dedham, I suppose it to be about 8 miles betwixt the meetinghouses of Dedham & Natik, & the lands sued for ly close by Natik meetinghouse 2 about halfe the Towne of Natik, or more, are seated upon the lands sued for, (as appeareth in the catalog of the Towne, given into the Court, upon the comand of Authority) who have many fruit bearing orchards, corne feilds, & some buildings there.
I open the whole case in. 11. propositions
pp: 1 These lands lying wthin the lines of Dedhams grant by the Gen : Court, our first motion was, to request Dedhams love & consent, for our siting downe at Natik, to make a Towne, where some of the Praying Indians then planted, & had done of old, even beyond the memory of the oldest man alive, I requested mr Allin & leiften: Fisher to move it to the Towne, & giue me a speedy answer. Mr Allin returned to me an answer of appbation & consent. wherupon we pceeded to begin our Towne, this was in the spring 1650.
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