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 II > Part 4
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And the tyme of ye day for beginning this Gen'll Towne Meeting in ffebr yeerly shall be at Nine of the clock in the Morninge precisely.
[III -- 3.]
And for the carrying on of all Towne meetings called at any tyme by the Select Men,
It is Ordered that when soever there shalbe notice given to the Inhabitants by the Select Men or any in their behalfe of some necessary occasion wherein the Select Men desire to advise with the Towne; And the day, tyme & place of meet- ing, be appoynted, if then the Inhabitants refuse or neglect
2
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THE TOWN RECORDS.
to meet as they are warned, yet when the tyme of meetinge is come, it shalbe lawfull if Thirteene of the Inhabitants (who by law may act & vote in Towne affaires) be Assembled for them to proceed in agitation & conclusion of what soever busyness is then & there propounded to them: And what the Major part of them shall agree upon shalbe taken as the act of the Whole Towne & bynding to All:
And because it is expected & desired that All the Inhabi- tants should attend such Meetinges soe appoynted, It shall therefore be lawfull if eyther the Moderator or Major part of the Select Men be come (for such meetings) for Him or Them to take notice of the Absence of every Inhabitant (who by law may vote in Towne affaires) & to fine them Six pence a peece for such their absence: wch fynes the Select Men are to adde to such p'sons next rate that it may be gath- ered wth it for the use of the Towne; unless the ground of such p'sons absence, shall wthin One week be allowed of, by the Select Men:
And It is further Ordered that if any man be taken notice of by the Moderator in ye tyme of any such meeting to ab- sent himself wthout leave of the Moderator such p'son or p'sons for every such disord' taken notice of & entered shall pay Six pence to be by the Select Men added to their next rate & gathered wth it for the Townes use:
And It is further Ordered that in case Thirteene p'sons be Assembled according to tymne appoynted for any Ordinary Town Meeting & yet cannot begin the Meetinge because neither the Moderator nor Select Men are come, [III-4.] In case the Moderator or Select Men being absent unneces- sarily, shall pay twelve pence a peece to be added to their next rates & gathered therewth for ye Townes use.
And It is further Ordered in reference to Ordinary Towne Meetings, that there shalbe given to the Inhabitants three dayes warning thereof, that is to say the day of warning though it be but in ye Evening, to be accounted for One & the day of appearance for another: Soe that One day being betweene it shall be accounted sufficient warning: And it is
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THE FIRST CENTURY OF SPRINGFIELD.
Ordered that Towne Meeting warned by the Constable ac- cordinge to Law in August yeerly shalbe accounted Legall Towne Meeting for any Towne Affaires, provided there be thirteene of the Inhabitants present: And the Meeting house shalbe the place of all Towne Meetings unless notice be given for any meetinge to be at some other place.
It is Ordered that at the Gen'll Town meetinge in ffebr, yearely, there shalbe a Moderator chosen who shall stand as Moderator not only for that day but for all the Towne Meet- ings the yeare ensueing: And the Moderator shall alwayes be chosen by papers and first at the beginning of the Meet- ing (before any other Towne Officers,) whose work shalbe to Order tymes of Speech & silence, to put things to Vote, & to regulate all proceedings in Town Meetings; that disorders may be prevented: And in case of his absence at any tyme in any Towne Meeting, the Select men are to aggree who among themselves shall supply his place at such Meeting wherein he shall be absent.
It is Ordered that there shalbe yeerly a choyce made of a certayne number of the Inhabitants of this Towne, for Or- dering the Prudentiall affaires of the Towne, Who accord- ing to the tearmes in the Law are Stiled Select Men: And that these Select Men shall yearely be chosen by papers: Whose worke & power shalbe as nextly followeth: [TII-5.]
The Select Men of this Towne are to take care what in them lyeth for the gen'll Welfare of the Towne: More par- ticularly,
They have power & liberty to make Orders that are of a Prudentiall nature, wherein they are to heed the gen'll good of the Towne, and Such Orders made by them as they appre- hend are for the gen'll good, they may annex penaltyes thereunto according to Law, wch penaltyes they are careful- ly to exact & recover for the Townes use from such of the Inhabitants as shall neglect or refuse to observe them: Also they have the power of admission of Inhabitants from abroad to this Towne, the Towne reposing great trust in them there-
53
THE TOWN RECORDS.
in that they will well consider whom they admitt. They are also to dispose of Single persons & inmates in the Towne as they shall see cause: Also to Order the hearding of Cattle, And the makeinge of Rates, also to settle the Comon high wayes of the Towne, & to determine any difference about them: Also to dispose of any appropriated land, that is, to lett it out for rent which they may doe for One & Twenty yeeres or less tyme as they shall see cause & judge most ad- vantagious to the Towne: As also to dispose of any of the estate of the Towne (wch shall lye unimproved at any tyme,) they may lett or sett out for tyme, a yeare or yeares, if they shall judge it best for the good of the Town. And What ever they judge conduceing to the Welfare of the Towne, being proper to their cognizance they are to act therein & Order the same according to their best wisdome & discre- tion:
[III-6.]
It is ordered & concluded that the Select Men shall front year to yeare nippon ye Gen'll Towne Meeting day in ffeb- ruary cleare their accounts to the Towne: And before they shalbe accounted discharged of their trust they shall See per- formed such workes as for the Towne they have taken in hand though their yeere be expired: And they shall take care to satisfy & pay such debts as are due from ye Towne to p'ticular persons, wch debts they are to discharge by making a Town rate for yt purpose, if they have not otherwise of the Townes estate in their hands to doe it. And therefore they are also to gather in such debts as are due to the Town & to be paid wthin theire yeere.
And it is further ordered that the Gen'll Town Meetinge in ffebruary yearly at the beginninge of the Meetinge next after the choyce of the Moderator there shalbe chosen a Committee of Two able persons to examine the accounts that the Select Men bring in about Publique charges that concerne this Towne, before the Select Men be dismissed their places, And Soe to perfect their accounts according to righteousness, that the Towne may understand their true
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THE FIRST CENTURY OF SPRINGFIELD.
state one way or the other What they owe or what is owinge to them:
It is Ordered that Every yeere there shalbe Some Meete Man chosen at the Gen'll Towne Meeting in ffebruary to the place or office of Clarke or Recorder for the Towne; Whose work shalbe faythfully & truly to record & enter Town Ord's Grants of land & all Aggreemts & Acts of ye Towne or Se- lect Townes Men who shall also observ to keepe & enter in a book for that purpose a true account of all dues arising to the Towne by penaltyes annexed to the breaches of Town Ord's or otherwise: And also keepe a true account of all [III -- 7.] the just expences & debts of the Towne, that from hiin the Towne or Select Men may know how to act in mak- ing of rates or other wise: And therefore the Record" shall uppon all occasions deliver to the Select Men a true tran- script thereof out of his booke, that soe all dues & penaltyes · payable to the Towne may be seasonably looked after.
It is Ordered & declared that when any man shalbe fairly & cleerly chosen to any office or place of service in & to the Towne, if then he shall refuse to accept the place or shall after- wards neglect to serve in that office to which he shalbe chos- en, Every such p'son shall pay 20$ fyne unto the Towne Treasury for such refusall or neglect, unless he had Served in that office the yeare before, noe p'son to be compelled to serve two yeares together in the Same Office, except Select Men, two whereof if chosen agayne are to stand two yeeres together that Soe there may be always Some of the Old Se- lect Men in that place, who are acquaynted with the Towne af- faires joyning wth the New:
It is ordered th." the Choyce of the Constable shalbe after this manner: The Constable whose tyme is expired before he is dismist his place shall Nominate Two Men for yt Office, and the Towne Comision's or Cheife Civill power in Towne shall Nominate one or two more; the wch Three or foure if ffoure be nominated, Shall be put to vote, and he that hath most votes shalbe Constable for ye yeare ensueing: Who by the Country Law is lyable to 5£ fyne for refusall of the Office. [III -- 8.]
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THE TOWN RECORDS.
ffor the prevention of Sundry evills that may befall this Township through ill disposed persons that may thrust them- selves in amongst us agt the likeinge & consent of the gener- allity of the Inhabitants or Select Townsmen by purchasing a lott or place for habitation or otherwise,
It is therefore Ordered & declared that no Inhabitant shall sell or in any manner pass away his house lott or any part of it or any other of his allotmts or any part thereof to any Stranger, before he hath made the Select Townsmen acquayn- ted who his Chapman is, and they accordingly allow of his admission for an Inhabitant, under penalty of paying twenty shillings to the Town Treasury for each p'cell of land Soe sold, or of forfeiting his land Soe Sold or passed away: But if the Select Townsmen shall app'hend they have grounds to disallow of ye admission of the said Chapman then the Towne or Inhabitants shall have 30 dayes tyme to resolve whether They or any of them will buy the said allotmts or accomoda- tions, wych said allotmts or accomodations they may buy as in- different partyes shall apprize them: But in case the Inhabi- tants shall delay to make a purchase of the said lands above 30 dayes after the propounding of it to the Select Townsmen, then the said Seller shall have his liberty to take his Chap- man, & Such Chapman or Stranger shalbe esteemed as enter- tayned & allowed of by ye Towne as an Inhabitant:
It is Ordered, That if any man of this Township, or any Proprietor of land in the Towne or any that shall or may dis- pose of land here, shall under colour of friendship or other- wise entertayne any person or persons, here to abide as In- mates or shall subdivide their house lotts or any other of their lotts to entertayne them as Tenan s or otherwise for longer tyme then One Month or 30 dayes wthout consent or allowance of the Select men (children or servants of the fan- ily that remayne single p'sons excepted) shall forfeit for the first default 20s to ye Towne: [III-9.] And also he shall forfeit 20s p month that every person or persons shall Soe continue in this Township without the consent of the Select Men. And if in tyme of their abode in the Town after the
56
THE FIRST CENTURY OF SPRINGFIELD.
limitation abovesaid they shall need releife, not beinge able to maynteyne themselves, then he or they that entertayned such p'sons shalbe liable to be rated by the Select Men for the releife and mayntenance of the said party or partyes soe entertayned as the Select Men in their discretion shall judge meete: And it is further Ordered that noe person that is a Stranger shall be entertayned in this Township wthout leave obtayned (vizt ye Select Men) longer then One Month or 30 dayes: Soe that if he have beene in the Towne one Month No Inhabitant may entertayne him a day longer wthout leave as aforesaid on penalty of forfeiting 20$ for the first default, & 20s p Month for soe long as they shall entertayne such p'son or p'sons: And moreover if such person or persons shall need releife during their abode in the Towne then he or they that entertayneed them shalbe rated according to the discretion of the Select Men for the releife & maintenance of such person or persons:
And Whereas it is found by exp'ience That some persons doe disorderly thrust themselves into this Towne, And agt the likening of the Select Men have here continued & abode, notwthstanding all former Ord's made to prevent such prac- tice, It is therefore further Ordered That from henceforth that What person soever shall intrude himselfe into this Towne without the consent of the Major part of ye Select Men & shall presume here to continue & abide longer than One Month or 30 dayes after notice given him by any of the Select Men or their Order of their unwillingness that hee should abide in the Towne: Such person or [III-Io. ] per- sons hee or shee that shall soe continue in the Towne, agt the consent of the Select Men or the Major part of them, shall for the first offence pay 205. And if afterward they shall still abide in the Towne without allowance as aforesaid they shall pay 205 p Month for every Month they shall here abide con- trary to this Ord': Which penalty shalbe due, exacted & paid, in to ye Town Treasury:
Whereas the Countrey Law Enacts that noe house or Cot- tage wch shall enjoy any priviledges of the Comons wch shalbe
57
THE TOWN RECORDS.
sett up in any Township wthout consent of the Towne: This Towne doth therefore impower order & depute the Select Men from tyme to tyme in the Name & on the behalfe of the Towne to allow or disallow according to their discre- tion any such buildings.
Observation being taken of a great neglect in many per- sons, in not bounding of their lands by sufficient markes, w-ch neglect may occasion much trouble in future tymes if not speedily p'vented, It is therefore Ordered that every proprie- tor of land, whose land is not fenced in particular, but lye in comon wth others shall take care that before the last of Aprill next, there be sett on each side of his land, at least two good Stones full a foot above ground, or elce in the stead of stones a trench of three foote long & two foote wide & a foote & halfe deepe, (the stones or trench to be set or made exactly in ye front & reare of each p'cell of land) On penalty of pay- ing five shillings for each distinct p'cell of land wych shall not 'be bounded as aforesaid by the last of Aprill next the five shillings is to be borne by them both; one to pay the one [III-II.] And if both partyes whose lands joyne together be found defective by their neglect. then the said fyne of ffive snillings is to be borne by them both; one to pay the one halfe & the other the other halfe according as the Select Men shall judge: And that none may sett their bounds them- selves to the offence of their Neighbors they are to require those yt joyne upon them to goe wth them according to the Country Law:
It being judged needfull in Sundry respects that each In- habitant should have the severall p'cells of his land recorded, It is therefore Ordered that every p'ticular Inhabitant of this Township shall repayer to the Record", who is chosen & ap- poynted by the Towne for yt and & purpose, who will uppon Information given him by each p'son of his severall p'cells of land, the number of acres wth the length & breadth of the said allottmts, & who are bordering on each side of him shall by vertue of his Office fairly record each parcell of land wth the limits bounds & scituation thereof in a booke for that
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THE FIRST CENTURY OF SPRINGFIELD.
purpose: ffor wch his paynes the owner of the said lands shall pay ninto the Recorder Two pence for each parcell of his lands Soe Recorded: And if any persons shall neglect the Recording of his lands longer then Six months after ye Grant thereof. he shalbe liable to a fine of 5$ p parcell for every par- cell of his land that is not then Recorded: And if after that he shall neglect to Record his land, he shall pay 12ª p Month for every monthes neglect of any p'cell: And all Ancient Grants are to be Recorded by the last of May next upon ye like penalty:
And for all alterations, exchanges, or alienations of land any way, one man with another, the Recorder is to be al- lowed 4d p parcell for his labor in Recording them. [III-12.]
There being a question propounded vizt Whether Men should enjoy all the lands wthin the bounds laid out to them by the Measurer though it were more Number of acrres then were grannted to them:
It was voted resolved & concluded that where any man's first & proper bounds of his lands was cleare and manifest & fr-thout alteration he should have & enjoy all the land wthin such bounds though more number of acres then was record- ed to him were wthin such bounds: provided it should no wayes intrench upon or wrong his Neighbor or Neighbors yt should ly next him of his or their due quantity & portion of land: And wt ever Overplus is found in any mans land it is to be brought into rates:
It is Ordered that Whosoever of this Township shall fall any trees in the Town Comons, his falling of them though he have bestowed noe other work upon them shall give him right to them for Six months Soe yt noe other p'son shall meddle with any Such fallen tree or trees, till 6 months are expired after the falling of them: But for tymber yt is cross cut or fire wood yt is cutt out & sett on heapes rayles or clefts, or pales, these may lye 6 months more after they are soe cross cutt or cloven (by the first faller) besides the first 6 months before that any other man shall meddle wth them:
59
THE TOWN RECORDS.
And it is declared that he wch felled the trees may take his own tyme for cross cutting of the tymber or cleaving bolts rayles or pales or setting the firewood on heapes, provided he doe it before the first 6 monthes be expired, & the faller haveing bestowed such work on the trees yt he felled though he did it at the tyme of falling them: Such Work as afore- said shall give him right to such tree or trees for 12 months from his first tyme of falling them: And after that tyme lim- itted, It shalbe Lawfull for any Man to take them: And for stich tymber as becomes forfeited as aforesaid at Six Months after falling for want of such further work as is before ex- pressed. Whosoever shall ceaze upon it as forfeited if he fetch it not presently away home, but bestow Work [III- 13.] upon it in the woods by cleaving it out into rayles pales or the like. Such worke shall give him right to it for one whole month after Soe yt it shall not be lawfull for any man to take it or any part of it till one Month after, and then it may be lawfull for any person to take it: And in case any person shalbe found to take away or convert to his own use, any trees tymber or firewood &c as aforesaid before the tyme above limitted, he shalbe liable to make satisfaction to ye own- er in kind or otherwise to his content: And shall also forfeit ten shillings to the Towne Treasury, for every parcell of tym- ber railes bolts firewood or trees that he shall soe disorderly take away & convert to his own use.
It is Ordered that whosoever shall take away or make use of any mans Cannow or boate wthout his leave shall forfeit unto the owner two shillings & six pence for every such de- fault :
It is Ordered that whosoever of this Township shall gath- er any Candlewood to gether on heapes in the Towne Com- on, if he shall lett it lye there above one Month, it shall be lawfull for any man to take it, unless the Select Men shall allow longer tyme to such as burnte for Tarr or Coales:
It is Ordered that Every Householder shall have in ready- ness about his house a sufficient Ladder for length sutable to his houseinge to prevent dangers & harmes by fire, On Pen-
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THE FIRST CENTURY OF SPRINGFIELD.
alty of forfeiting ffive shillings to ye Towne Treasury for every neglect :
It is Ordered that if any person shalbe taken notice of to carry fire in the Street or from house to house, not being sufficiently covered Soe as to prevent doinge hurt thereby, he shall forfeit five shillings for every such offence besides all damages for what hurt may come thereby: [III-14.]
Whereas it is judged offensive & noysome for flax and hempe to be watered or washed in or by the brooke before mens doores, wch is of Ordinary use for dressing of meate: Therefore it is Ordered that noe person henceforth shall water or wash any flax or hemp in the said brook eyther on the East or West side of the Street or any where neere ad- joyning to it, And if any person shalbe found transgressing herein he shalbe liable to a fyne of Six shillings & eight pence for every such default:
It is by the Inhabitants aggreed & Ordered yt the great River is & shalbe accounted a sufficient fence, & shall stand for a fence both for the lotts & corne feilds of the Towne on ve East side of the said River & also for the land meddowes & corne ffeilds on the West side of ye said River.
Whereas diverse offences arise through defective fences, & different apphensions concerninge the Sufficiency of fen- ces betwixt Proprietors, It is therefore Ordered that all out- side fences about Meddowes or Corne ffeilds shalbe substan- tially fenced eyther wth five rayles or posts & pales or ditch foure foote & half broad wth a hedge on it, or otherwise ac- cording to the judgint & Satisfaction of the viewers, & that all partitionall ffences betweene Lott & lott shalbe Ordered by the Select Men in case of disaggreemt between Proprie- to's, & in case any damage arise to others by the defect of fences, the Party whose fence is soe judged defective shall pay all damages according as they shalbe adjudged by the Select Men or any deputed by them upon complaynt of any damaged:
Also it is Ordered that the Select Men shal have power (ac-
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THE TOWN RECORDS.
cording to ye Country Law) to make Orders about fences or fencing: Se p: 28 & p. 84.
[III-15.]
It is Ordered that Swine wch are nott shutt up & that keepe about the Towne or within two miles of the Towne, All such swine shal be well & Sufficiently Ring by the Owners thereof or at their Cost & charge, To p'vent as well the root- ing downe of ditches & rooting up of the comons or other harmes as the Spoyling of meddowes & pastures & corne ffeilds:
And if any swine above three months old shalbe found af- ter the 25th day of March yearly without good & sufficient rings in their noses to p'vent their rooting. The Owners of such Swine shall pay three pence a peece for every Swine soe found, though but in the Comons or streetes: But Swine found in Meddowes pastures, gardens, Orchards or corne feiids wthout good & sufficient rings as aforesaid, The own- ers shall pay two shillings & Six pence a peece for every Such Swine above three Months old, besides Satisfying all dam- ages done to any person by any Such Swine. And though swine be rung, yet if they endamage any, the Owners shall pay for Such damage or trespas as their Swine shall doe in corne feilds meddowes orchards or gardens provided such damage be judged by two indifferent Men. But the owners of the said ringed swine, shall or may (& are hereby enabled to) recover what ever damage they Soe pay, from them, whose insufficient fence they shall proove the said Swine came thorow: And it is further Ordered that any Swine found in corne feilds Meddowes, pastures, gardens, or or- chards may be driven to the pound not only for the recov- ery of what damages they shall doe, but also of the forfeiture for their being unrung, unless the Owners of the Swine shall eyther pay forfeitures, and damages, or ingages before wit- ness to doe it, to the Partyes satisfaction:
And for Swine or any cattell that are liable to Poundage Whosoever shall impound them, they shall have foure pence) p head for poundgae of them, And the Pound keeper shall
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THE FIRST CENTURY OF SPRINGFIELD.
have 2ª p head [III-16.] for taking them in & letting them out of Pound:
The Penaltyes aforesaid of three pence for Swine found in the Comon or Streetes unrung to goe to the informer: And if any refuse to pay him, Soe that he be putt to call Witness & to prosecute it they shall then pay 6 pence a peece for such swine besides the charges in prosecuting it: The Other Penalty of two shillings Six pence a peece for Swine in Med- dowes & as aforesaid to goe halfe to the Informer & the oth- er halfe to the Towne: the Informer being to receive the whole, & to pay one half thereof to the Towne Treasurer, or to the Select Men for ye use of the Towne:
It is Ordered, That Cattell of All Sorts belonging to this Towne, shall be marked with Some distinct known marke, for wch end, every Owner of any Cattle shall repaire to the Re- corder for ye tyme being, who shall take & keepe upon Re- cord each mans p'ticular Marke: And this to be done by the first of March next, or elce the Owner of Such Cattle shall forfeit five shillings to the Towne Treasury: And it is fur- ther Ordered that from tyme to tyme hence forward every Mans cattle shalbe marked by the tyme they are three Months old: And if any persons cattle shalbe found un- marked at or after they are three Months old, such person shall pay twelve pence p head for such cattle to him that shall inform agt him:
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