USA > Massachusetts > Hampden County > Springfield > The first century of the history of Springfield; the official records from 1636 to 1736, with an historical review and biographical mention of the founders, Volume I > Part 17
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The same power that the last year was conferred upon the Townsmen for orderinge of ye prudentiall affayres of ye Towne is at this tyme committed into yr hands for this next yeare ensuinge, & till others are chosen in theyr places. The ptys chosen are, Henry Smith Sam: Chapin Hen: Burt Tho: Cooper Benj: Cooly.
It is ordered that there shall from henceforth fouer Courts be kept in this Township yearly, viz: The first Tuesday in Novembr, the first Tuesday in ffebruary, The first Tuesday in may, The first Tuesday in Septembr, except some speciall occasions to alter ye day, and then seasonable notice shall be given of it. The first Tuesday in Novembr is appoynted to be a generall Towne meetinge for all the Inhabitants when Towne officers are to be chosen & orders published.
It is alsoe ordered yt on ye first Tuesday of Novembr there shall be yearly chosen by ye Inhabitants two men in yr stead of Grand Jury men who shall by virtue of an oath imposed upon them by ye magistrate for that purpose, faithfully P'sent on such Court days all such breaches of Towne orders or
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THE FIRST CENTURY OF SPRINGFIELD.
Court orders, or any other misdemeners as shal come to theyr knowledge either by theyr owne observation or by credible information of others, and shall take out p'cess for ye appearance of such as are delinquents, or witnesses to ap- peare the sd day, when all such P'sentments by ye sd partys shall be Judicially heard and examined by ye magistrate and warrants for distresses granted for ye Levying of such fines or penaltys as are anexed to ye orders violated, or wch shall seeme meete or reasonable to ye magistrate to impose or in- flict accordinge to ye nature of the offence. These two men to stand in ys office for a yeare or till others be chosen in theyr roome.
[I-60]
Novembr 7th 1648.
It is agreed that those who will Joyne to make a cartway over ye meddow against Robrt Ashlees shall have liberty to barr up ye Cartway, and to take 4d P load of any others y-t shall cart over sd way, who have not Joyned in making of it. Those who have given in y' names to make ye Cartway are as followeth Tho: mirack, Tho: Stebbin, James Bridgeman. Jnº Clarke, will: warrener, Rowl: Stebbin, Sa: wright, Sa: Marshfield, Wid: Ball.
James Bridgeman and will: warrener are chosen Survey- ors for the high ways for the yeare followinge. Overseers for ye fences in Long meddow, Geo: Colton, Alex: Edwards. For ye home lotts & ye Plaine, Nath: Bliss, Tho: Stebbin.
By the Joynt consent of the Inhabitants there is granted to mr Pynchon a parcell of meddow ground about 4 or five acres more or less lyinge at the lower end of ye Longe med- dow adjoyninge to his mill Lott.
It is alsoe voted that all those that have alottments over ye greate river agaynst the longe meddow as theyr third divi- dent, who have desired to resigne up those Lotts into ye Townes hands: p'vided they might have in Lue therof a par- cell of land in the longe meddow behinde the meddow Lotts there: It is wth ye Joynt consent of the Towne granted that
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IHISTORICAL REVIEW.
those who are posesors of such lands, shal have appropriated to them lands in the Longe meddow suitible thereto in quan- tity if it will reach. If it fall out that they have a less por- tion there then they had on ye other side: then the Inhabi- tants of ye upper end of ye Towne yt have no alotmts there, are to be abated soe many acres of land in thyr rates, to make it pportionable to ym of ye Lower end.
[I-61]
By the Select Townsmen Aprill 7th 1649.
wheras there is notice taken of a disagreement amongst severall of the neighbours who have lands lyinge in the longe meddowe, wych they have ingaged themselves to fence by the 15th of this month, and by reason of this difference the fenceinge is neglected to the aparent damage of many in the sd feild, Therfor for the better setlinge of this difference, It is ordered and appoynted that this fence be carryed on by the sd proprietors accordinge to theyr former agreeinent amonge themselves. And for avoydinge of all contentions yt may arise about the setting or pportioninge of the sª fence: It is ordered, that the wholl number of Acres yt every man hatlı in ve sd feilds be taken, whither plantinge land or meddow, as alsoe the number of rods or quantity of fenceinge to be done. and that each P'son doe make his share of fence pportiona- ble to his number of acres, such as shall be Judged sufficient for the security of the sd feilds, from George Coltons side fence to the Brooke. The fence to run at ye reare of the plantinge lotts there layed out. and fro: thence to cross over East to ye high way (wch is marked out) and soe South to the Brooke. All the Swampes at ye reare of those plantinge lotts to lye in comon: Alsoe for ye fence by ye Brooke It is ordered that every person that hath Land in the side fields, shall make and maintaine a pportionable share of fence ac- cordinge to the number of his acres, such as shall be suffi- cient for turninge off Cattell in the Judgment of those that are chosen for that purpose: And further to avoyde confu- sion in ye carryinge on of this fence, we order that those plantinge lotts that lye uppermost, shall set up theyr share
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THE FIRST CENTURY OF SPRINGFIELD.
of fence at theyr owne reares, if it soe fall out, & after them Jnº Leonard to begin & soe successively as men live in order: And the like order is to be followed in the fence by ve brooke, Jnº Leonard to begin at the upper end and soe every one to fall in successively wth his share of fence as they dwell in order.
[I-62]
Decembr 27th 16.49
There is (wth ye Joynt consent of the Inhabitants) power given to the Select Townsmen and Deacons for the tyme be- inge and such as shall hereafter succeed them: to order the seatinge of P'sons in ye meetinge howse as they in theyr dis- cretion shall Judge most meete.
It is alsoe ordered yt ye Select Townsmen wth ye Deacons shall in the behalfe of the Towne draw up & send downe to ye Elders a letter desiring ym to explaine ye cleere meaninge of our voates concerninge mr moxons maintenance.
ffebr 21th 1649.
There is granted to Samuell wright Senior 1 acre & halfe of planting land in lue of soe much due to him in his lot in ve neck, wch is to be layd out as conveniently as may be at his 5 acre lott in ye 2d division.
It is ordered yt Geo: Colton and Thomas Cooper who is ye Towne measurer should wth yr best discretion lay out the severall parcells of meddow granted ye last yeare, to Henry Burt 4 acres, Tho: mirack 4 acres, Alex: Edwards 4 acres, Jnº Harman 4 acres, In ye Longe meddow over ye Brooke. Henry Burt & Tho: mirack is to have an acre & halfe more each of ym, of upland in yt place in lue of an acre & halfe due to them in ye neck.
There is granted to Deacon Chapin a parcell of Land by Agawam falls where he hath I acre & halfe already, adjoyn- inge to mir moxons meddow ground, wch acre & halfe is to be made up 6 acres.
There is granted to Jnº Stebbin 2 acres of land at ye end of
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THE TOWN RECORDS.
his ffather Stebbins 5 acre lot, in ye 2d division, wch is due to him in lue of soe much wanting in ye neck.
[I-63]
There is granted to Thomas Stebbin 5 acres of meddow ground over Agawam river in ye 2d meddow on ye west side under the hill: p'vided he resigne into the Towns hands a meddow lott of I acre & halfe wch was formerly granted him. ordered that every person that hath Land in the side feilds, ground over agawam river lyinge at ye reare of a meddow lot of Rowland Stebbins over a little brooke there, wth an acre & halfe of meddow ground that his brother Thomas Stebbins hath resigned into ve Towns hands. P'vided he resigne his former 5 acres into the Towns hands .- [Not accepted. ]
[In the handwriting of Thomas Cooper.]
There beinge granted to Henry burt divers years agoe 5 acars and halfe of land as pr contra on the other side longe meddow Brooke and finding it lye inconveniante in respect of fensinge by reason of the greatnes of charge: and there be- inge a parscell of land lyinge in comon adjoyninge to itt. which if granted to him would much safe his charge in fens- inge, Therefore in 1659 the Townsmen takinge into consid- eration his request saw good to grant the same (vide) all that land to the vallew of 3 acars, more or less, lyinge betwixt his land formerly granted and long meddowe brooke and allsoe a small parsell at the frontt of Thomas merricke his lott ly- inge next unto him which here hath compassed in by a ditch to the vallew of 3 quarters of an acar: provided that he doe not pregidiss the high way but that hee doe leave at the bridge two rod betwixt the brook whear the bridge now is and his fence for the conveniante of the passadge. by the Townsmen,
The mark of
Thomas Cooper, Jonathan Burt, william warriner, Robbert Ashley.
[I-64]
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THE FIRST CENTURY OF SPRINGFIELD.
ffebruary 6th 1649.
It is agreed by the Towne that if mr John Pynchon will make a chamber over the meeting howse and board It: he shall have the use of it Intirely to himselfe for Ten yeares, and then if the Towne neede it and require it they may have it, P'vided they alow the sd mr John Pynchon the charge yl he hath been at about it, or else he is to have ye use of it Longer, till they doe alow him the charge yt he layed out about it.
At a Towne meetinge assembled ffebruary 5th 1651. There fallinge out some disputes betwixt mr John Pynchon and the Towne in reference to the above mentioned bargaine about the meetinge howse chamber. In conclusion it was put to ye vote: whither the Inhabitants be willinge to take the chamber into theyr hands agaayne presently, promis- inge to pay mr John Pynchon his wholl charge that he hath bin at about it for ye tyme past; And he to have the use of the chamber till October next, p'vided he lay not above 400 bushells of corne in it, if he exceed that quantity he is to un- derprop ye floore at his owne charge as Rich: Sykes and Tho: Cooper shall Judge meete. It was voted affirmatively to all ye particulars. whereupon George Coulton and Robt Ashily were nominated by mr Pynchon, and appoynted by ye vote of ye Inhabitants to gather in ye rate yt shall be made by the Select men for the charge layed out about this floore, and to see it payd in to mr Pynchon by ye 20th of ffebruary next. 1652, in marchantable wheate at 3s Iod P bushell.
The Select Townsmen are to take care for ye securing of these men.
P mr Henry Smith.
[I-65]
ffebruary the 5th 1649.
A copy of such orders as are made and confirmed by the Inhabitants of Springfield the day and yeare above written.
1. ffor the prevention of disorders in puttinge Cattell to Pasture on the other side of the greate river to the prejudice of mens Corne: And yet that men may have the benefite of
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THE TOWN RECORDS.
the Pasture there for theyr Cattell in seasonable tyme: It is therefore ordered that no person shall put over any Cattell on the other side of the greate River to Psture there untill the feilds there are to be cleered of Cattell of all sortes: And if 25th day of March they may continue there, by which day the fields there are to be cleered of Cattell of all sortes: And if any Cattell shall be found there goinge at Liberty and not under the hand of a keeper, or in an inclosed piece of ground, before or after the days above sayd the owners of the sd Cat- tell shall be lyable to a fine of 12d a head for all that shall be found within 100 rods of any corne or meddow halfe of ve fine to ye Informer & ye other halfe to y Towne, and alsoe shall make good what ever damadge shall appeare to be done by theyr sd Cattell in that tyme.
Nov. 2d, 1658. It is ordered yt noe man shall keep or allow his cattle to feed on other mens grounds wthout Con- sent, noe man beinge to keepe his cattel over ye River but on his owne ground or on any Common fro: October till 25th March yearely: this order above written is repealed at ye genll meetinge on the 3d day of ffebr 1661.
2. wheras the planting of Indian Corne in the meddows and Swamps on the other side of Agawam river hath occa- tioned a longe sty after mowinge tyme before men can put theyr cattell thither to pasture: Therfore it is ordered, (w-th the consent of all those yt have Planting ground there) that no more Indian corne shall be planted there, either in the meddows or Swamps, that soe the Cattell of those yt have allottmnts there may be put over by the 15th day of Sep- tembr yearly, P'videde they take a sure course to p'vent theyr Cattell from goinge [I-66 Blank-I-67] over the River, either by fencing, or by a keeper in the day tynie,and by se- curinge them in some inclosure in the night: But there is Liberty for Calves to be put over thither by the 14th day of August : And in case any P'son shall put Cattell there before the days expressed, he shall forfeite 25 6d for ye head for every such default, and alsoe be lyable to pay all damadge that his Cattell shall doe on either side of the river.
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THE FIRST CENTURY OF SPRINGFIELD.
[Note .- On margin of page 65 against article 2 is this:] "Revoked, Jan ye 29, 1651, & noe liberty to put over cattle but at such tyme as they may be put over ye greate River."
3. It is ordered that if any Inhabitant shal desire to make a Cannoe, he may have liberty to feel any tree or trees in the Towne Comons, and make it or them into Cannoes for his owne use or the use of any Inhabitant: But no such Inhabi- tant shall have liberty to sell or in any kinde pass away any Cannoe soe made out of the Towne, untill it be full five years old, or if he lend his Cannoe it shall be returned with in a month: And in case any shall transgress this order he shall be Lyable to a penalty of 2os for every default .- Repealed Dec. 30, 1664.
4. It is ordered that whosoever shall take away or make use of any mans Cannoe or boate wthout his Leave shall for- feite unto the owner 2s 6d for every such default.
5. It is ordered that there shall be no barns or any other howsinge, built or set up in the high way betwixt the Street fence and the brooke: Except ther be soe much roome, as they can leave 4 Rod for the Street or high way, and then men may make use of that side next the brooke for what building they please: And if any shall transgress this order, It shall be lawfull for the Select men to appoynt men to pull clowne and demollish such buildings.
[Note .- On margin of clause 5 is this:] "See ffebr 25 1643. Se ye 2d book of the Select mens acts mar. 3, 1664."
[I-68 Blank-I-69]
6. For the prevention of sundry evils that may befall this Township ill disposed persons, that may thrust them- selves in amongst us, agaynst ye likeinge and consent of the generality of the Inhabitants by purchasinge a lott or place of habitation &c. It is therfore ordered and declare that no inhabitant shall sell or in any kind Pass away huis howse lot or any part of it, or any other of his alotmnts to any Stran- ger, before he have made the Select Townsmen acquainted who his chapman is, and they accordingly alow of his admis- sion, under penalty of paying Twenty shillings for every
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THE TOWN RECORDS.
p'sell of land so sold or passed away: But if the Select Townsmen see grounds to disalowe of the admission of the sd chapman, then the Towne or Inhabitants shall have 30 days tyme to resolve whither they will buy the sd alottmints. which sd alotmts they may buy as indifferent partys shall ap- prise them. But in case the Inhabitants shall delay to make a purchase of the sd lands above 30 dayes after the ppound- ing of it to the Select Townsmen, then the sd seller shall have his Liberty to take his chapman, and such chapman or Stran- ger shall be esteemed as entertained and alowed by the Towne as an Inhabitant.
7. It is ordered that if any man of this Township or any pprietor of land here or any yt shall or may dispose of land he shall under the Colour of friendship or other ways, enter- taine any P'son or persons, heere to abide as Inmates, or shall subdevide theyr howslotts to entertaine them as Ten- nants or other ways for Longer tyme then one month or 30 days, without the consent or allowance of the Select Towns- men (children or servants of the family that remaine single P'sons excepted) shall forfeit for the first default 20s to the Towne, and alsoe he shall forfeite 20s P month for every month that any such person [I-70 Blank .- I-71] or per- sons shal so continue in the Township without the consent of the Select Townsmen: And if in any tyme of theyr abode after the Limitation abovesd they shal neede releefe, not be- inge able to maintain themselves, then he or they that enter- tained such persons, shall be Lyable to be rated by the Se- lect men for the releife & maintenance of the sd partys so entertained as they in theyr discretion shall Judge mete. And it is further ordered yt no man shal be entrtained wthout leave longer then a month or 30 days, yt if he have bin a Month in Towne noe Inhabitant may entertaine him a day Longer with out leave on Penalty.
8. ffor the regulating of workmens & Labourers wages. It is ordered. I. That all workmen shall worke the wholl day, alowinge convenient tyme for foode and rest. 2. That all Husbandmen and ordinary Labourers, from the first day of
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THE FIRST CENTURY OF SPRINGFIELD.
November to ye first of march, shalnot take above 16d by the day wages, for the other 8 months they shall not take above 20d by the day, except in tyme of harvest for reapinge and mowinge, or for other extraordinary works such as are suffi- cient workmen are allowed 2s P day. 3. That all Carpen- ters, Joyners, wheel wrights, or such like Artificers, from the first of Novembr to the first of march, shal not take above 2od P day wages: And for the other 8 months not above 2S P day. Tailors not to exceed 12d P day through the yeare. 4. That all Teames consistinge of 4 Cattell wth one man shall not take above 6s P day wages: ffrom may till Octobr: to worke 8 howers, and the other part of the yeare 6 howers for theyr days worke. And it is further ordered that who- soever shall either by givinge or takinge exceede these rates he shall be Lyable to be punished by the magistrate accord- inge to the quality and nature of the offence.
[Page 72 was left blank by the clerk, Henry Smith, in 1649. In 1661 in the hand of John Pynchon was written the addition to the preceding clause which is here inserted.]
ffebr 4th 1661. At a Generall Towne Meeting.
It is ordered that whosoever of this Township shall fall any Trees in ye Towne Comons: His falling of them though he hath bestowed noe other worke upon them, shall give him right to them for worke six months, soe yt noe other p'son shall meddle wth any such fallen Tree or Trees till 6 months are expired after ye falling of ym. But for tymber that is cross cut, or firewood yt is cut out and set on heaps, or Rayles or clefts, or Pales, these may lye 6 Months more after they are so cross cut or cloven (by ye first faller) besides ye first 6 Months before yt any other man shall meddle wth them. And it is declared yt he wch felled ye Trees may take his owne tyme for cross cutting of ye tymber or ,Cleaving Bolts, Rayls & Pales, or setting ye firewood on heaps, p'vid- ed he doe it before ye first 6 Months be expired, and ye ffaller having bestowed such worke on the trees he felled, though he did it at ye tyme of falling them, Such worke as aforesd
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THE TOWN RECORDS.
shall give him right to such tree for twelve months from his first tyme of falling them: & after ye tyme Limited it shall be Lawfull for any man to take them. And for such Tim- ber as becomes forfeited as aforesd at 6 Mº after falling, for want of Such further worke bestowed on it as is before ex- p'essed: who ever shall seaze upon it as forfeited, if he fetch it not p'sently away hom, But bestow worke upon it in ye woods by cleaving it out into Rayls, Pales or ye like, such worke shall give him right for one whole month after so it shall not be Lawfull for an other man to take it or any pt of it till one month after & then it may be Lawfull for any p'son to take it: And in case any p'son shall be found to take away or Convert to his owne use any Trees. Timber or firewood &c: as aforesd before ye tyme above Limited he shall be Lya- ble to make satisfaction to ye owner in kind or otherwise to his Content: And shall also forfeite Ten shillings To ye Towne Treasury for every p'sell of Timber Rayls, bolts fire- wood or Trees that he shall so disorderly take away & con- vert to his owne use. It is ordered to take place fro: hence- forth forward & so it reaches not to trees already fallen but such shal not be forfeited till they have lyne according as the former order alowed them.
November 2, 1652. Upon ye pleading of many for lib- erty to transport Board & Planks: It is ordered yt any p'son yt desires to transport boards & planks, shal first Tender such board or Planks to ye Select Townsmen, & if they p'vide noe chapman in ye Towne wthin 21 days to take off such boards or Planks at an Indifferent price then ye owner thereoff have Liberty to transport or Re-sell ym out of Towne, Notwith_ standing ye order P Contra. Repealed Dec. 30 1664.
[In the handwriting of Henry Smith. ]
13. To the end that such Candlewood as lyeth neere the Towne may not be wasted, by such as burne Tarr & to ye p'judice of the Inhabitants. It is therfore ordered that no person shall have liberty to gather, or having so gathered to burne any Candlewood for the making of Tarr, Pitch, or Coale, wthin the Compass of 6 miles East from the greate
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THE FIRST CENTURY OF SPRINGFIELD.
River, and soe extending fro: Chickuppe river to ye Long- meddow brooke: And if any shall be found to burne any Can- dlewood soe gathered wthin the Limites or bounds above ex- pressed, he shall forfeite 20s for every loade of Candlewood soe gathered and burnt for Tarr, Pitch, Cole, or ye like use. Provided notwthstandinge that every Inhabitant may gather Candlewood for his owne family use where he pleaseth.
[On the margin of clause 13 is written: ] Nov. 3d, (58) It is ordered yt whosoe shal gather any candlewood together in heapes in the Town Comons If he shall let it ly above one Month it shall be lawfull for any man to take it unless ye Se- lect men shall allow Longer tyme to such as burne Tarr & Coles .-- The order No. 13 is repealed Dec. 30, 1664 & yt on ye Margens was agreed to by a full vote & is to be Transcrib- ed into ye New Booke.
14. wheras it is Judged offensive and noisome for flax and hempe, to be watered or washed in, or by the Brooke before mens doores which is of ordinary use for dressinge meate: Therfore it is ordered that no person hence forth, Shall water or wash any flax or hemp in the Brooke either on ye east or west side of ye street, or anywher neere adjoyninge to it and if any p'son shall be found transgressinge heerin, he shall be Liable to a fine of 6s &d for every such default.
15. It is ordered that no p'son shall gather any hopps that grow in the Swamps or any Comon grounds untill the ffith day of September yearly, upon payne of forfeiting what they shall soe disorderly gather, and 2s 6d for breach of or- der: The forfeiture to the Informer, the 2s 6d to the Towne Treasurer. Repealed Dec. 30th 164.
[I-76 Blank-1-77]
16. wheras it is Judged needfull in Sundry respects that each Inhabitant should have the severall parsells of his land recorded, Therfore for prevention of future inconveniences, It is ordered, That every particular Inhabitant of this Town- ship shall repayre to the Recorder that is chosen and appoynt- ed by the Towne, for that end and purpose: who upon In- formation given him by each person, of his severall parcells
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THE TOWN RECORDS.
of Land, the number of Acres, wth ye Length & breadth of the sd alotments, and who are borderinge on each side of him: Shall by virtue of his office fairely record, each parcell of Land, with the Limits, bounds, & situation therof in a Booke for that purpose: for which his paynes, the owner of the sd Lands shall pay unto the Recorder Two pence for every par- cell of his Land soe recorded. And if any person shall neg- lect ye Recording of his Lands longer then sixe Months after ye grant of it he shall be Lyable to a fine of 5s for every p'cell of his Land that is not then recorded: And if after that he shall neglect to record his Land he shall pay 12s P month for every months neglect of any parcell. And ancient grants are all to be Recorded by ye last of May next upon like Pen- alty.
17. It is ordered That if any person whose howse Lott lyes Inclosed in a generall fence, shall desire to inclose a part of it for yards gardens or orchard, his neighbor on each hand of him shall be Compellable to make and sufficiently main- taine the one halfe of the sd fence from tyme to tyme: P'vided his share of fence amount not to above Ten rods: P'vided al- soe that the sd fence exceede not the charge of a sufficient five foote pale or 5 rayles: And in case any neighbour shall refuse to doe his share of the sd fence within 3 months after due notice given him of it, he shall be lyable to pay what damadge his neighbour shall sustaine through his default: and alsoe 5s P month soe long as he shall neglect it, for con- tempt of order. Repealed Dec. 30. (64.)
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