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 18
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[I-79]
18th. It is ordered that all persons that have any inter- est in generall fences shal carefully attend to repayer and suf- ficiently close up theyr severall fences in the Comon feilds by the 25th day of march yearly, and to see that they be kept in sufficient repayre till the last day of September: In which In- terim, It shall not be lawfull for any person, to put in any cat- tell to Pasture, or any way Lay open his part of fence in the sd comon feild, to his neighbours prejudice: wthout the Joynt consent of the wholl that have Interest in the sd feild: But
208
THE FIRST CENTURY OF SPRINGFIELD.
after that tyme it shall be lawfull for any p'son to put in his cattell that hath Interest in ye sd Generall feild. And if any shall be found to lay open his fence, or have in any Cat- tell, into any part of any Comon feild before the day above limited he shal pay all damages that shall be done through his default, and a fine of 5s for breach of order. There is lib- erty granted for men to baite theire workinge cattle on theire owne ground in ye tyme of their workinge of ym p'vided they secure ym fro: doinge damadge to any.
19. wheras there are persons yearly chosen by the In- habitants to view the Comon fences of every theyr Corne feilds, It is therfore ordered that the p'sons soe chosen by the Towne to that worke, do from tyme to tyme as neede shall require take due notice of the reall defects and insufficiencys of the sd fences under theyr charge. And shal forthwith ac- quaint the owners therof with the same: And if the sd own- ers doe not wthin 3 days tyme sufficiently repayre theyr sd defective fences, then the aforesd viewers shal forthwith re- payer and renue them, and shal have double recompence, for all theyr labour, care, cost and trouble, to be payed by the owners of ye sd insufficient feince or fences, and shall have warrant from the Select men directed to the Constable to Levie the same either upon the Corne or other estate of the Delinquent: Provided the defect of ye fence or fences be suf- ficiently proved by two or three.
[I-78 originally left blank, on which John Pynchon en- tered an amendment to Clause 19]
December 30th 1664. The order here below & the other Repealed And ye Select men (according to Countrey Law) are to make orders about ffencing. &c.
This order confirmed by the Townesmen in 1653.
19th. Wheras there are p'sons yearely chosen by ye In- habitants to view all ye Generall and particular fences: It is therefore ordered yt ye ptys so chosen by ye Towne for yt service, shall two severall tymes in ye yeare at least, viz: March 29th & July 28th, take a survey of all ye sd fences be-
1
209
THE TOWN RECORDS.
longing to their care & circumspection, To ye Intent they be fully closed up & kept in repaire, as ye sd viewers shal allow to be sufficient: And in case they shall find any Reall defects & Insufficiencys upon their view of ye sd fence, they shall forthwth give notice thereoff, unto ye owners of ye sd defec- tive fence or fences: warning him or ym to amend ye same within 2 or 3 days at furthest: And in case ye pty so warned shall delay to amend his sd defective fence according to ye tymne limited, to ye satisfaction of ye viewers: He shall be Llable to a fine of 12d for every such defect, & so to increase 12d for every days neglect till he doe fully amend ye same: Besides all damadges yt accrew to any through ye Insuffi- ciency of his sd fence: The one halfe of ye fines to fall to ye Towne & the other halfe to the overseers of ye sd fences: who on complaint made shall have warrant fro: ye Select men di- rected to ye Constable to levie what fines are due accordinge to order, upon ye estate of ye delinquent. If he refuse to sat- isfie ye sd fines, being of him demanded, And it is further or- dered yt if ye sd overseers of fences shall Rec: Information fro: others, or by theyre own observation at any other tyme. besides ye forementioned tymes above expressed, shall under- stand of any defects or Insufficiencys in ye fences under theire care, they shall take due notice thereoff & seasonably attend ye abovesd direction for amending of ym: And in case any Just Complaint so Judged by ye Select men shall be brought agt ye sd veiwers for neglect of theire charge, they shall be lyable to a fine of 5s & in case fur: neglect of Ios according as they shall be thereunto adjudged by ye selectmen for every neg- lect.
[I-80 Blank-1-81]
20. ffor the better carryinge on of Towne meetings: It is ordered that whensoever there shall any Publike notice be given to the Inhabitants, by the Select Townsmen or any other in theyr behalfe of some necessary occation wherin the Select men desire to advise wth the Inhabitants, and the day, tyme, and place of meeting be appoynted: It is expected that all the Inhabitants attend p'sonally such meetings soe ap-
210
THE FIRST CENTURY OF SPRINGFIELD.
poynted. And in case the tyme and hower of meeting be come, Though there be but nine of the Inhabitants asembled, it shall be Lawfull for them to p'ceede in agitation of what ever busyness is then ppounded to them and what the major part of the Asembly then mett shall agree upon, It shall be Taken as the act of the wholl Towne & binding to all.
21. The ffirst Tuesday in November (November is altrd to ffebruary) yearly is mutually agreed on and appoynted to be generall Towne meetinge for the choyce of Towne offi- cers,, making confirming and publishing of orders, &c. on Ich day it is more especially expected yt each Inhabitant gives his p'sonall attendance and if any shall be absent at ye tyme of ye major part, he shal be lyable to a fine of 2s 6d. This clause was added Nov. 4th (51).
22. It is alsoe ordered that on the first Tuesday in No- vember there shall be yearly chosen by the Inhabitants Two wise discreete men: who shall by virtue af an Oath imposed on them by the magistrate for that purpose, faithfully p'sent on the Court days, all such breaches of Court. or Towne or- ders, or any other misdemenors as shal come to theyr knowl- edge, either by theyr own observation or by credible in- formation of others, and shal take out p'cess for the appear- ance of such as are delinquents: or witnesses to appeare [[-82 Blank-I-83] the sayd day: when all such present- ments by the sayd partys shal be Judicialy heard and exam- ined by the Magistrate, and warrants for distresses granted. for the Leavyinge of such fines or penaltys as are anexed to the orders violated, or which shal seem meete and reasonable to the magistrate to impose or inflict according to the nature of the offence. These to stand in this office for a yeare or till others be chosen in yr roome.
23. It is ordered and declared that when any men shall be fairely and cleerly chosen to any office, & place of service in and to the Towne. If then he refuse to accept the place or shall afterwards neglect to serve in that office to which he shal be chosen, every such person shal pay 20s fine for re- fusall unto the Towne Treasury: unles he had served in that
2II
THE TOWN RECORDS.
office ye yeare before: no person being to be compelled to serve two yeares to gither in ye same office except Select men, Two whereoff if chosen agayne are to stand 2 yeares together, so ther may be always some of ye old Select men who are acquainted wth ye Towne affaires. This change added by ye Towne ffebr 12th 1660.
24. It is ordered that such swine only as shall doe tres- pass (in Corne feilds meddow or gardens) shall be lvable to satisfy damadge: And for that end, if any man shall find any Swine damadge feisant in his Corne feilds, meddow, or gar- den he shall drive them to the pound, and shall take two or more neighbours to veiw the damadge done by them: And the owner of the sd Swine, shall be lyable to pay such dam- ages as the sd indifferent men shall appoynt. But in case Swine that are sufficiently yoked and rung shal doe any Tres- pass, then the owner of the Insufficient fence where they went in shall pay the damadges to ye party damnified as In- different men shall Judge to be equal, or such as are appoynt- ed to be viewers of the fences.
[I-84 Blank-1-85]
25. To the end that the common High ways of the Towne may be Layed out where they may be most conven- ient and advantagiose for the generall use of the Towne: It is therefore ordered that the Select Townsmen shal have full power and authority to Lay out all common Highways, for ye Town where and how they shall Judge most convenient and usefull for the Inhabitants, Though it be through or at the end of mens Lotts, p'vided they give them reasonable satisfaction, accordinge to equity: But if the party like not therof, then it shall be referred to the Judgment of Indiffer- ent partys, mutually chosen by the partye one and the Select Townsmen one & if those 2 indifferent pty doe not agree they shall pitch upon a 3d p'son to Joine withm se & deter- mine it:
26. It is ordered that all such Common Highways for ye Towne which are or shall by the Select Townsmen be Judged needful to be made or repayred by the Towne. the wholl
212
THE FIRST CENTURY OF SPRINGFIELD.
Towne shall Joyne in the makinge or repayringe of them, when the are required by the Surveyors, accordinge to or- dlers, And the Select Townsmen are alowed Liberty to set a certain Toll on carts that shall pass any High way which shall appeare more than ordinary chargeable in the repara- tion of it.
[I-86 Blank-I-87]
27. ffor the equall and Indifferent carryinge on and bear- ing the charge, of makinge and repayringe, such Comon High ways and Bridges, as are or shall be thought needfull to be made or repayred from tyme to tyme, with in this Township: It is ordered that every householder that hath or keepeth in his use or possession a Teame consistinge of 4 Cattell, shall on due warninge given him by the surveyor, send at every day and place appoynted, his sd Teame with his Cart and such necessary tooles as the Surveyor shall alowe of. and an able man therewith: To doe such worke as the Sur- veyors shall appoynt him, for the space of eight howers in a day, besides the tyme of rest and refreshinge, p'vided they be not required above 6 days in a yeare: The like is to be done by those that have but halfe Teames: But in case such Teams or Carriages shall not be thought needfull to be made use of by the Surveyors, then every such person whose Teame is exempted, shall send two able men, for his Team so spared, and every halfe Teame to send a man a day & a halfe in steed of his Teame so spared. And it is herby de- clared that 2 oxen & a mare or horse is to be esteemed a full Teame .- Repealed.
And it is further ordered that every other howsholder (who hath no Teame) shall by himselfe or some other able La- bourer, attend the works appoynted him by the Surveyors for the space of 8 howers, (besides tyme of rest and refresh- inge) on every day yt he shall be called or required soe to worke, p'vided he be not called to worke above six days in a yeare.
[I-88 Blank-I-89]
And it is also ordered that all persons Inhabitinge in the
213
THE TOWN RECORDS.
Towne who are above £100 estate in other rates and yet have no Teame: every such P'son shall be compelled to send one sufficient Labourer to ye high way worke on every day he shall be duly warned therunto, accordinge to his pportion of the 6 days wth other men.
It is alsoe further ordered that every person shall cutt downe his stubbs and cleere the high way before his lott, of tymber wood, standinge trees, (wch are heerby declared to be a mans owne) or any other offensive matter, that the sur- veyors shall warn him of, within three days after notice given him, or else be lyable to a fine of 12d for every defect.
28. wheras ther are surveyors chosen yearly for the over- sight and amendinge of Highways, Bridges, and other de- fects of that nature, that soe the Comon highways of the Towne may be kept in continuall reparation: To that end, and for the regulatinge of Surveyors in the discharge of theyr office; It is ordered yt the Surveyors for the tyme beinge shall take care
I. That all Highways, Bridges, wharfs &c, belonging to their care be made. repayred, and amended sufficiently, ac- cordinge to theyr discretion or as they shall be directed by the Select Townsmen.
2. That all Highways be kept cleer from trees Timber wood, earth, stone, or any other offensive matter, yt shall anoye the Highway, within a mile of any dwelling house.
3. That if any person upon notice given him by ye Sur- veyor shall neglect to move or cleere away, any such anoy- ance to the high way, or offensive matter by him caused, longer than 3 days: Then ye Surveyor shall doe it and have double recompence for all his labour cost and charge from the party soe neglectinge, besides the 12d wch the party is to pay in way of fine for neglect accordinge to the order fore- mentioned.
[I-90 Blank-I-91]
4. That the Surveyour shall give three days warninge to such as they call for and require to come to the Highway worke. viz; the day of warninge and a day more: soe yt men
214
THE FIRST CENTURY OF SPRINGFIELD.
must come the 3d daye after warninge: unless the survey- ors give them longer tyme.
5. That they shall require no howseholder to worke above 6 days in a yeare, nor more of those 6 days than shall in a due pportion fall to his share.
6. The Surveyors shall require no man to worke above 2 days in a week, nor above 8 hours in a day besides tyme for refreshing.
7. That they call for these 6 days (or as many of them as shall serve) Within the compass of time betwixt ye 20th of may and the 20th of June yeerly, and not at any other tyme. unles by the consent of the major pt of ye Select Townsmen it be agreed unto. Yet in as much as some times ways may suddenly become defective that they may not be too long neglected it is declared the Three of ye Select men meeting & any 2 of ym agreeing may appoint & allow the surveighors to repare such defective ways.
8. That they duely present to the Select Townsmen at the weeks end, all defects of persons or Teames, that on law- full warninge given, neglect to come to the work appoynted. who shall give warrant to the Constable for p'sent distress of 2s fine, for a man and 5s for a man and teame, to be im- ployed in the next worke, that is to be done about High- ways.
9. That they give in theyr accounts yearly, to the Select men, at the generall meetine in ffebruary, when they yeild up theyr office, or in theyr neglect therof to remaine in theyr office another yeare.
[I-92 Blank-1-93]
[In the handwriting of John Pynchon.]
March 28th, 1650.
wheras there appears to be a defect in the former order about Highways, wherby some p'sons take advantage to exempt themselves from such publique works wch in equity they should attend with others pportionably: It is therfore ordered that all single persons or unmarried (though live- inge in another mans family) who are possessed of a lott.
215
THE TOWN RECORDS.
either by the grant of the Towne (after 3 months) or by Pur- chase or otherwise, they shall from hence forth be Lyable to attend the worke of the Highways, pportionable with other howseholders accordinge as they shall be duely warned thereunto by the surveyors.
And it is alsoe ordered that if any Inhabitant shall have in his use and possession, two or more distinct alottments either by way of purchase or by way of rentinge: Every such person shall be Lyable to send one sufficient man to the Highway worke. on every day he shall be duely warned ther- unto for every such alottment as shall be in his possession. And if any man shal keepe two Teames for the improvement of such Lands, his sd Teames shall Likewise be compelable to the worke, as in the former order is required of other men that have Teames.
[I-94]
March ye 13th 1653-54.
Whereas there hath bin a p'sell of land over ye greate river at ye lower end of Chickkuppy plaine, reserved for y-e Townes use, & yet notwithstanding some of ye land hath bin disposed off to p'ticular p'sons so yt there is now but about Thirty acres thereoff left. some p'sons desiring y'ye sd Thirty acres may also be disposed off & distributed to severall p'sons: The Towne took it into consideration whether to veild thereunto, & ye Major pt of ye Towne for severall rea- sons doe resolve not to dispose of ye sd Thirty acres of land to any p'ticular p'son or p'sons as theire ppriety: But doe here by order yt ye aforesd Thirty acres of land at ve lower end of Chikkuppy plaine over ye grt river shall be reserved in ye Townes hands. as ye Townes land for ye Townes use, either for ye helping to maintaine a scholemaster or ruling Elder or to help beare any other Towne charges accordinge as it shall hereafter be concluded on. But not to be disposed off fro: ye Townes ppriety.
And further it is ordered yt ye Select Townsmen shall have liberty to let out ye sd land for yeare or yeares to bring in some yearly rent to ye Towne if they can find any to take it.
It is also further ordered yt all p'sons whomsoever that
216
THE FIRST CENTURY OF SPRINGFIELD.
have any land granted ym fro: ye Towne they shall wthin Sixe months at ye furthest after such grant get ye sd land meas- ured & Recorded upon penalty of Ten shillings fine or for- feiting ye sd land for neglect either in getting it measured or recorded wthin ye tyme so fixed: & if any man yt choose to pay ye ros fine, shall afterward neglect to record his land, he shall pay 12d P month for every months neglect: If ye pty choose to pay Ios rather than forfeite his land, it is to be un- clerstood Ios for every distinct p'sell of land one halfe of wch fine shall goe to ye recorder & ye other halfe to the Towne. Repealed by the Towne.
[I-95]
And for any land formerly granted if it remaine unrecord- ed above 3 month after this p'sent day, they shall pay Ios for every p'sell of ye sd land, & when the 3 months are expired. 12d P Mo so long as it is unrecorded. Also if any p'son shall sell or any ways pass away any of his land to any other man he shall wthin one month record such sale or alteration of land, & in case of his non recording ye seller & purchaser shall each of ym pay Ios a p'sell for neglect when taken no- tice off ye one halfe to ye Recorder, & the other halfe to the Towne. The Recorder is allowed 4d P p'sell for record- ing all alterations of land: or exchanges for every p'sell he is to be allowed 4d for his paines.
[I-96 Blank-1-97]
[In the handwriting of Thomas Cooper. ]
march 30th (1665)
By the Selecktt men :-
itt is ordered all Swine within the Township from 3 months ould and upward shall be sufficiently Roonge by the 20 day of Aprill nextt insuinge: and for the well persorving of the same wee have apointed John Steward to make Rings and to see to Sett them on and wee apointt thatt hee shalle have 3d for every Swine soo Roonge paid him by the owners of the sayd swine with sufficient help for the worke and if any Swine above the adge of 3 months shall be found to goe att
217
THE TOWN RECORDS.
liberty abroad in the streett or comons unRoonge att any time betwixt the first of march unto the last of november yearly they shall be lyable to a fine of 12d for every such def- fecktt which fine of 12d shal be payd to the informer by the owner of the swine and in case any shall Refuse to pay the sayd fine being of them demanded upon complaintt made the seleckt men shall dyrecktt a warrantt to the constable to levy the same but if any be minded to Ringe there swine themselves they shall be adjudged to be sufficiently Roonge by the sayd John Steward or else they shall be lyable to the fine notwithstandinge.
[I-98, 99 and 100 Blank-I-101]
[In the handwriting of Henry Smith.] November 5th 1650.
At a Towne meetinge there was a choyce made of five Townsmen, John Pynchon, Henry Smith, Samuell Chapen. Henry Burt, Thomas Cooper-To whom by ye major vote of the Inhabitants was committed power to order all ye pruden- tiall affayers of the Towne agreeable to wht is expressed in the Court order, wch power is given ym for a yeare or till men be chosen in theyr roome.
Mr. John Pynchon is chosen to be the Towne Treasurer for the yeare ensuinge & till another be chosen in his roome.
George Langton and Jnº Stebbine are chosen Surveighors of the high ways of the Towne for the yeare ensuinge.
william warrener and Robt Ashly are chosen overseers of fences for ye feilds prtayninge to ye upper pt of the Towne from ye meetinghowse upward.
Joseph Parsons and John Clarke are chosen overseers of the fences from ye meeting howse downeward who are to take direction from ye Townsmen for ordering these fences. [I-102]
By the Townsmen: January 30th 1650.
It is agreed that these rates are heere under expressed shall be gathered this p'sent yeere, viz: March 25th. mr Moxons maintenance £70 00
218
THIE FIRST CENTURY OF SPRINGFIELD.
inr will. Pynchon for the Bell
05
00
for mr Moxon wch he pd for ye Towne upon ye close last yeare .
IO
00
15
00
mur John Pynchon for a barrell of powder for a towne stock
07
12
6
1 1 1b 1-4 & II lb of musket bulletts & ye caske
OI
17
6
1 50 lb of match at 8d
OI
I3
4
p to ye cartway to ye foot of ye falls
10
00
0
21
03
4
p for charges about repayringe the meeting howse, hanging the bell & other charges
18
OO
00
for killinge 5 wolves
05
00
00
Totall
129
03
04
It is agreed and ordered that the prices of corne for pay- ments of all these rates shall be wheate, at 3s 6d P b, pease at 3s P b, Indian at 2s P b. only mr Moxons rate we are to agree with him.
The persons appoynted to take account of mens estates & price cattell are, mr Hollioke, Nathaniell Bliss, Jnº Stebbin.
The rate for wolves is to be raised only on Cattell.
[I-103]
May 19th 1651.
mr Elitzur Holyoke was chosen to ye office of a Constable for ye towne of Springfield for ye yeare ensuinge and till an- other shall be chosen in his roome. & hath accordingly taken his oath, ye day & yeare above sd
[I-104 Blank-I-105]
[In the handwriting of Elizur Holyoke. ]
Nov: 4th: 1651.
At a Towne meeting there was a choyce of five Townsmen
219
THE TOWN RECORDS.
vist: mr John Pynchon, Samuell Chapin, George Colton, Henry Burt, Thomas Cooper, to whom by ye Major vote of ye Inhabitants was Comited power to order all ye Pruden- tiall affayres of ye Towne, agreeable to it is expressed in ye Court Order wch power is given ym for a yeare or till new be chosen in yr roome.
It was also voted yt mr Henry Smith shall have full power with ye Townsmen to act in ye distribution of what lands are to be Laid out this yeere:
Richard Sikes was chosen to p'sent such breaches of Or- ders as he shall take notice of or yt shal come to his knowl- edge by information: to wch office he is sworne for ye yeare insuinge.
Robert Ashly & Nathaniell Bliss were chosen surveyors of ye high wayes for ye yeare ensuinge.
James Bridgman & Benjamin Parsons are chosen viewers of ye fences for ye lower end of ye Towne: And Miles Mor- gan & Richard Exell for ye upper end of ye Towne.
[I-106]
[In the handwriting of John Pynchon.] Decembr ye 25th 1651.
Agreed wth Richard Sikes for ringing ye Bell & sweeping ye meeting howse & for the yeare ensueing: viz fro ye Ist of January, 1652; he to carry on ye work according as he hath done ye yeare Past: In Recompence whereoff wee In- gage to see him pd ye Sum of 12d P weeke yt is to say fifty two shillings for ye yeare.
By ye Select Townsmen.
ffor ye yeare past by agreement he was to have but 40S. By the Selectmen, January ye 9th, & Jan ye 22th 1651. Mr Henry Smith also concurring wrh them (according to order) in ye distribution of Land:
There is granted to Antho: Dorchester a p'sell of planting land, over ye greate River, at ye Lower end of chikkuppy plaine on this side of the 60 acres for the ministry, adjoyning to ye brooke, of about 8 acres, wch he is to get measured. & Record the quantity, be it more or less.
220
THE FIRST CENTURY OF SPRINGFIELD.
There is granted to Sam Wright Junior 7 acres of planting land over Agawam River If it will hold out.
Ther is granted to Tho: Mirack on ye other side Agawam River, all the planting land, fro: his meddow to the Brow of the Hill, being guessed at neere 4 acres. [Erased. ]
There is granted to Tho: Cooper, upon Mill River, below Rich Sikes his meddow, a p'sell of about an acre & I-2 of meddow, in 2 or 3 lotts, wch is due to him in lew of I acre & I-2 wch he falls short of on ye other side of ye River. this he accepts though it hold not out I acre & I-2.
There is granted to Rowland Thomas 6 acres of meddow lying Remote upon ye Northerne branch of ye mil River, in a psell of meddow Judged to be 16 to 17 acres, wth liberty to make a choise at wch end to begin.
There is granted to ffraunces Pepper 4 acres of meddow ad- joyning Rowlands.
Also to Tho: Stebbins & Jnº Stebbins, each of ym 3 acres. But if ye meddow hold out 7 acres & but 7 (Besides Rowlands & ffraunces) then to devide it between ym. In case it pve more then 7 then all above 6 acres to be at ye Towns dispose:
There is granted to Tho: Miller one acre & halfe of med- dow ground over Agawam River, wch formerly Tho: Steb- bins resigned up into the Towns hand.
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