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 5
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Whereas there was an Ancient Order bearing date Jan; 24 1638 requiring all that had ditches by the highway before their doores to keep them well scoured for the ready passage of the water that it might not pen up to flow the Meddowes: And after that every Inhabitant should make a [III-17.] ditch the breadth of their lotts before their doores, & such as had ditches should scoure them by the last of May (from the formentioned date) on penalty of five shillings, & whereas the said Ord's have not been attended, by meanes of wych neg- lect much damage hath comes to the generallity if not all ye Inhabitants from the Middle of the Towne upward through the water penning up & flowing of their meddowes: ffor the
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THE TOWN RECORDS.
prevention whereof & in prosecution of the fore mentioned Orders & according to an Ordr made in December 1656. It is further Ordered that hence forward yearely, the severall Inhabitants Proprietors of ye Meddowes from M' Pynchons Meddow downe to the Lower Side of Benjamin Parsons Lower meddow shall keep a good & sufficient ditch well cleared, for the free & ready passage of the water, for wych end every person the breadth of his Meddow, (& for 6 or 8 rod up the Meddow betwixt M' Pynchon & m' Holyoke) shall once every yeare Some tyme in May scower & cleare their said ditches or water passages of Sand dirt wood or any rubbish, Soe that the water may have free passage wthout penning up to flow the Meddowes: And this to be attended at such tyme in May yearely as that it may be done by the last of May yearely on penalty of every person neglecting to pay 58 to the Towne treasury if not done yearely by the time limited, & that sufficiently cleared according as shalbe al- lowed of by two of the Select Men appoynted by the rest: Every person to attend it which the water shalbe turned away for yt end, by those that live uppermost, or by ag- greemt of the Major part. And in case it shalbe found in- done after the first weeke in June every person whose ditch or water passage is not then sfficiently cleared shall besides the first five shillings aforesaid pay 38 4ª p weeke till the worke be fully done to Satisfaction of the Two Select Men appoynted as aforesaid: Allwych Penaltyes shalbe duly levyed by ye Constable, & paid to the Towne Treasury: [III-18.]
It is Ordered that hence forward there shalbe given to him that shalbe found able & willinge to undertake the mak- ing of the rates for this Towne the summe of Twenty shil- lings p annum, that is to say, for making all the rates be- longing to ye yeare:
Consideration being had of the great damage that hath beene done to the glass windowes of the Meeting house by such as use their sports thereabout: It is thereupon Or- dered that if any persons children or others shall at any tyme
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THE FIRST CENTURY OF SPRINGFIELD.
by any sports or otherwise breake any of the glass windowes of the meeting house such persons shall pay 12d to the Towne Treasury for such default: And all others that were part- ners in such sporte shall pay 6ª a peece to ye Towne Treas- ury: And if they be children under age yt are therein faul- ty. except their parents or Governo's shall correct them for it before some of the Select Men, such Parents or Governo's shall pay the penalty or penaltyes aforementioned.
It being observed & complayned of as a disordr that per- sons doe frequently take liberty to ride very swiftly wth their horses in the streetes to ye endangering of the children & others,
It is therefore Ordered that if any person be observed to run his horse or to ride faster then a ordinary hand gallop in the streets of this Town except upon such urgent occasions as shall by the Select me be judged warrantable soe to doe, he shall be liable to a fyne of 35 4ª. One shilling whereof shalbe paid to ye Informer, the rest to the Towne Treasury for ye use of the Towne. This order not to be extended to Troopers in the tyms of their exercise.
ffebr. 12th 1668 By ye Select men, it was declared & or- dered that ye west side of ye River fro Tho Millers up to Peter Swinck shall be acoted a pt of ye Streetes of this Towne, & lyable to this penalty for Galloping.
[III-19.]
It is Ordered that the Select Men shall take care if it may be with conveniency the Streete in all places of this Towne may be three rod broad of firme & playne land, at least that the fences may be disposed in a straite & comely order es- pecially in narrow places: And this work they are in a spec- iall manner to attend in the month of March next. And all wood or other offensive matter is to be cleared from the highwayes, on penalty that any person that shall not attend this Order, in the judgin' of the Select Men at any tyme, shall pay 25 to ye Towne Treasury for Every Such offence:
Diverse of the Inhabitants on the West side of the great River p'senting their desires to the Towne that the severall
.
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THE TOWN RECORDS.
allotm's abutting agt the great River from Thomas Millers up to the Comon fence. may be accounted as house lotts or a part of the Towne platt: The Towne did upon the 30th of Decemb' 1664 Order & determine that the said lotts shalbe soe taken & accounted:
To the end that the Comon high wayes of the Towne may be laid out, where they may be most convenient & advan- tagious for the generall use of the Towne, It is Ordered that y" Select Townesmen shall have full power & Authority to lay out all Comon high wayes for the Towne where & how they shall judge most convenient & usefull for the Inhabi- tants though it be through or at the end of mens Lotts, pro- vided they give them reasonable allowance accordinge to equity, but if the party like not thereof, then it shalbe referred to ye judgmt of indifferent p'tyes, mutually chosen by the par- ly one, & the Select Townsmen another, & if [III-20.] those Two indiffrent p'tyes doe not agree they shall pitch up- on a third p'son to joyne wth themselves & determine it: And the Select Townesmen are allowed liberty to sett a cer- tayne Tole on carts yt shall pass any high way uch shall ap- peare more then ordinary chargable in the reparation thereof.
ffor the equall & indifferent carrying on & bearing the charge of making & repayring such comon high wayes & bridges as are or shalbe thought needfull to be made or re- payred from tyme to tyme wthin this Township, It is Or- dered that every householder that hath or keepeth in his use or possession a Teame consisting of ffoure cattell shall on due warning given him by the Surveyor send upon every day & at the place appoynted, his said Teame, wth his cart & such necessary tooles as the Surveyor shall allow of, & an able man there to do with such workes as the Surveyo's shall ap- poynt him: And it is also hereby declared that 2 oxen & a horse or a mare shalbe esteemed a full Teame:
And it is further Ordered, That every householder who hatlı noe Teame shall by himselfe or some other able labour- er attend ye work appoynted him by the Surveyo's on every day that he shall be called or required soe to worke:
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THE FIRST CENTURY OF SPRINGFIELD.
And it is also Ordered that all p'sons inhabiting & yet have no Teame, every Such person shalbe compellable to send one sufficient labourer to the high way worke on every day that he shalbe duely warned thereunto according to his proportion wth other men.
It is also further ordered that every p'son shall cutt down his stubles & cleare the high way before his lott, of tymber wood standing trees (wch are hereby declared to be a mans owne) or any other offensive [III-21.] matter that the sur- veyo's shall warne them of, wthin three dayes after notice given him, or elce be liable to a fyne of 12ª for every defect.
And whereas there are Surveyors chosen yearely for the Oversight & amendinge of highwayes bridges &c that Soe the Comon high wayes of the Towne may be kept in con- tinuall rep'ation: To that end & for the regulating of the Surveyo's in the discharge of their Office, it is ordered that the Surveyo's for the tyme beinge shall take care That all high wayes bridges wharfes &c belonging to their care be made repayred & amended sufficiently according to their discretion or as they shalbe directed by the Select men of the Towne:
Also that all high wayes be kept cleare from trees, tym- ber, wood, earth, stone or other offensive matter that shall annoy the high way.
The Surveyo's likewise shall give three dayes warning to such as they call for and require to come to ye high way worke, vizt the day of warning & one day more, Soe that men must come the 3d day after warning unless the Surveyors give them longer tyme. ffurthermore they shall require noe householder to worke at any Such workes as aforesaid more than Six dayes in a yeare nor more of those Six dayes then shall in a due pportion fall to his share:
Also the Surveyo's shall require noe man to work above two dayes in a weeke: Likewise the Surveyo's shall call for these Six dayes or as many of them as shalbe needfull wthin the compass of tyme betwixt the 20th of May, & ye 20th of June yearely not at any other tyme unless by ye Major pt of ye Select Men [III-22.] it be aggreed unto: Yet in-
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THE TOWN RECORDS.
asmuch as Some tymes wayes may be Suddenly become de- fective, that therefore they may not be too long neglected, It is cieclared, Three of the Select Men meeting & any two of them aggreeing may appoynt & allow ye Surveyors to call persons together for the repayring such defective wayes or places: Moreover they shall duely prsent to ye Select Men at the weekes end all defects of p'sons or teames that on law- full warning given neglect to come to ye worke appoynted who shall give warrant to the Constable for prsent distress of 25 fyne for a man & 5$ for a man & Teame to be employed in the next worke that is to be done aboute the high wayes.
Also the Surveyo's shall give in their accounts yearely to the Select Men at ye Gene'll Meeting in ffebruary when they yeild up their office another yeare:
And whereas the former Order about high wayes seemes to be deficient in some respects, whereby some p'sons have taken advantage to exempt themselves from such Publike workes wch in equity they should attend with others pportion- ably: It is therefore Ordered that all Single p'sons or un- married (though living in another mans family) who are pos- sessed of a lott eyther by the grannt of the Towne or by pur- chase or otherwise shall after three months be liable to attend the work of the high wayes proportionably wth other house- holders according as they shall be duely warned thereunto by ye Surveyors.
And in reference to ye marking & repayringe of the high wayes belonging to this Townshipp, It is further Ordered that the wayes about this Township shalbe accounted of three sorts [III-23.] I. Such as the Whole Towne Shall joyne to make & repaire. 2. Such as shalbe repayred by the Towne but sett to p'ticular companyes of ye Inhabitants: 3. Such wayes as are of more private concernmt cheifly for some few mens use :
And therefore It is Ordered that from Schonunganunk all the high wayes from there unto the foote of the falls in ye great River shalbe made & repayred by the whole Towne: that is the Countrey Road Soe farr: And for all other high
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THE FIRST CENTURY OF SPRINGFIELD.
wayes, It is further Ordered, that Deacon Chapin Ens: Coop- er Miles Morgan Thomas Miller Thomas Mirack. William Warrener Nathaneell Ely Benjamin Parsons & George Col- ton be appoynted & shall be a Comittee to consider of & con- chide what wayes shalbe accounted Towne high wayes to be made & repayred by the Whole Towne joyntly or by p'ticular Companyes as aforesaid & to appoynt who shall belong to or make up such companyes & what private wayes the whole Towne shall not be called to make or repayre: This Com- ittee for the p'sent are to determine & settle those three Sorts of wayes: And for after tymes it is wholly lost to ye Select men:
Also the said Comittee are to consider of a high way downe to WindSor on ye west side of the great River both it shall lye & by whom to be made & maynteyned:
And it is further Ordered yt such high wayes as are comon & Countrey wayes belonging to the Whole Town joyntly to maynteine, every Inhabitant when required thereunto by the surveyo's shall duely attend the reparation thereof, & such Comon high wayes as belong to the severall p'ticular com- panyes shall attend ye repayring [III-24.] of them accord- ing to Order when ever they shalbe required by such Survey- o's as shalbe chosen & appoynted by each company: And for such p'ticular wayes wch belong to private p'sons to make & mayntayne. the Surveyo's of high wayes are not by Order engaged to meddle about ye repayring of them:
The Comittee mentioned in the former page Chosen by the Towne, ffor Orderinge of ye making & repayring the high wayes of this Towne, both such as are Comon or more perticular, hath Ordered as ffoloweth vizt
In reference to ye high way into ye playne above End brooke, these persons whose names ffollow shall make & re- payre it: vizt Robert Ashley, Benjamin Mun, Thomas Steb- bin, William Warrener, James Warrener Deacon Chapin Japhet Chapin: And the rest of the Neighbors yt have land u-thiout the fence, wch for the present lyeth comon, if they shall make any use of the way thorough the fenced playne
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THE TOWN RECORDS.
they shall also be compellable to assist in ye repayring of the way equall wth ye other:
In reference to ye way to Rowland Thomas his house all the Inhabitants from Ens Coopers to Rowland Thomas his house shalbe at ye charge of repayring that way.
And in reference to ye way leading to the meddowes on the Mill River & 16 acres & worlds End, beginning at ye top of ye hill over ye Causey above Symon Bemons: These per- sons whose names follow are to make & repaire it: Robert Ashley John Lambe Deacon Chapin Japhet Chapin Thomas Noble William Warrener James Warrener Thomas Mirick, Samll Marshfeild Nathaneel Ely John Clark ABell Wright Charles fferry Richard Sikes. And Benjamin Mun only over ye first bridge. [III-25.]
And in reference to ye highway up the great hill over Mill River these persons vizt Lawrence Bliss John Harmon Nathaneel Pritchard Benjamin Parsons Widdow Bliss John Bliss John Matthews Anthony Dorchester Richard Sikes Jonathan Burt John Lumbard & Thomas Bancroft:
And in reference to ye Meddowes upon ffresh water River the way thereto is to be made & mainteyned by Capt Pyn- chon George Coulton Benjamin Cooley Samuell Marshfeild Nathaneell Ely John Keepe from the place where they shall leave the Countrey high way that goes down to ye foot of the falls till they come to ye head of their Meddowes.
And in reference to ye two Wharfes, The Lower wharfe shall be maynteyned by the Inhabitants from Thomas Mir- icks to Thomas Bancrofts: And the higher wharfe to be mainteyned by the Inhabitants from David Ashleys to Reice Bedortha's Robert Ashley not exempted:
And in reference to ye high way to ye great playne on ye west side ye great River comonly called Chickuppe plaine, the Proprietors of ye land in ye said playne shall make & repaire the said high way from ye said plaine, And then all the In- habitants on that side the River from William Brookes to Thomas Millers to joyne with them in making & repairing the rest of that way down till it come to Thomas Millers:
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THE FIRST CENTURY OF SPRINGFIELD.
And for ye high way from ye hay place over ye River till you come to Agawam falls (agt John Leonards house) as John Dumbleton & Ens Cooper laid it out. It is to be made & maynteyned by Thomas Stebbin Ens Cooper Jno Leon- ard David Ashley Samll Marshfeild Capt Pynchon Leiut Holyoke Rich Exell Jno Stewart James Warrener Benj Munn Hugh Dudley Jno Lamb Thomas Mirick Joseph Crowfoote Jno Dumbleton Jonath Taylor & William Branch:
[IIJ-26.]
And concerning the high way from ye third division down by the black pond & Soe to Ens Coopers Swampe, It is to be made & repayred by Capt Pynchon Thomas Miller Ens: Cooper Robert Ashley & Samuell Marshfeild :
And in reference to a high way on ye West side of the great River (down towardes Windsor) for horse & carts for the Townes use: The said Comittee doth Order & appoynt that ye way shall lye (for both sides the River, vizt for ye In- habitants dwelling on both sides the River) at Agawam Riv- ers month & soe downwards by the great River side: The breadth to be Three rods uppon ye firme land from ye top of ye bank by the River & Soe to run yt breadth through all the small lotts there butting on ye great River & from theme to run the straitest convenient Course Six rod broad, And this way is to be made & maynteyned by all the Inhabitants on ye East side of the great River from Thomas Bancrofts & Soe upward & upon ye west side of the great River from Thomas Millers & Soe all that live or shall live above them:
Unto these p'ticulars the said Comittee did sett to their hands the Ioth Jan: 1664, vizt Samuell Chapin Nathaneell Ely, George Coulton, Benjamin Thomas, Willm Warrener Thomas Merrick Tho Cooper, Thomas Miller: Only Tho: Millers dissents from the last p'ticular about ye high way on ye West side of the River to Windsor wards: [ITI-27.]
It is ordered & determined yt there shalbe Haywards yeer- ly chosen for the severall feilds of the Plantation whose
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THE TOWN RECORDS.
worke it is to be serious & sedulous for the preservation of the corne feilds or meddowes of their walkes: Also it is ex- pected that they often view the feilds to p'vent harme & dam- age by Cattell what well they may: And for their encour- agmt in yr work It is further Ordered & determined that What cattell soever (excepting cattell in worke) they shall fynd in any of ye said ffeilds in tymes prohibited they shall have liberty to impound: And shall have of ye owner of such cattell Six pence p head for every beast Soe impounded and eight pence p head for such as shalbe impounded being Soe taken in ye feild over Agawam River, And if any beast be impounded by any other person out of any of the said ffeilds, the said impounder shall have the like allowance al- lowing only two pence p head to ye Hayward belonging to ye feild for wt he soe impounds: the rest whether 4d or 6d as above, the Hayward is to pay him: And if the said Hay- wards or any of them in execution of their worke shalbe ap- posed or resisted or ye Owner of Cattell trespassing shall re- fuse to pay according as this Order provides, then ye Hay- wards repayring to ye Selectmen, the said Select Men or Ma- jor part of them shall determine the case in difference & or- der the Haywards Satisfaction.
Whereas It is found by experience that many Speakinge together in Towne meetings hinders the worke in hand, & is also very dishonorable to God & grevious to many persons, It is therefore Ordered, that while any comon bysyness is un- der consideration or debate every man shall apply himself to ye worke in hand: & in any Publike matter every man may give his advice one after another & shall have free liberty of Speach as he shall have leave from the Moderator; Soe speaking one at a tyme [III-28.] lovingly & moderately: But there is not to be more Speakers than One at a tyme, up- pon penalty that every one yt shall Speake in tumultuous manner Shall pay 6ª a peece to ye Towne Treasury: And if men gathered together in companyes to discourse by them- selves & doe not attend the severall workes in hand, all such p'sons are to pay 6ª a peece to ye Towne Treasury:
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THE FIRST CENTURY OF SPRINGFIELD.
It is Ordered that henceforward noe Persons who shall come from other places & here reside shalbe accounted as Settled Inhabitants to have power & liberty of voting in Towne affaires although otherwise quallifyed according to law unless such person or persons shalbe admitted into ye Towne by the Select Men & their admission entered. And whoever at prsent are, or hereafter shalbe admitted & Set- tled in this Town or Townshipp, they shalbe bound to all the Orders yt are already made in this Towne, & to all yt here- after shalbe made, & confirmed by ye Major vote of the In- habitants prsent, in any Legall Towne Meetings or by the Select men accordinge to Order.
It is Ordered yt the Select men & Deacon or Deacons shall from tyme to tyme Seate p'sons in ye Meeting house aythier higher or lower according as in their sound discretion they shall judge most meete:
And the Select Men for ye tyme beinge from yeare to veare shall wthin Some short tyme after their election attend the said work, both to consider what persons want Seates or what alterations is requisite to be made to persons sitting there, as also to act therein accordingly & yt yeerely if need be, that Soe much alteration at any one tyme may be p'vented.
ffebr '70. Whereas sometymes mens yards adjoyning to comon feilds are an occasion of damage to ye feilds by reason of defective fences about such yards: It is therefore Ordered that the fence next to the comon feilds shalbe liable to the veiwers to see that they be sufficient to secure the ffeilds & to p'vent damage to the Proprietors:
[TIT --- 29.]
[In the handwriting of John Holyoke.]
Jan 26th 1678. It was voted & agreed that there should be a comittee chosen pro Tempore for the Seating of Persons in the new meeting House. As also that the Worpp' Major Pynchon, Qua'tm' Colton Leiut Stebbin Benj Parsons An- thony Dorchester Jonathan Burt John Dumbleton Saml Marshfeild John Holyoke should be the Comittee pro tem-
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THE TOWN RECORDS.
pore, And that al future seatings shalbe attended according to the 3d section backward in the preceding page
A copy of General Corte May 27th 1685, then answer to the section of the Town of Springfeild, that the Courte would grant us the favor that we might pay of Countrey Money Rates in Corne: wch answer takes in Suffeild respecting their like Petition.
At a General Corte held at Boston, May 27th 1685:
The Corte haveing read & conferred the Contents of the Petition from Springfeild & Suffeild, doe Judge that sundry exp'ssions therein do deserve sharpe reproofe. Nevertheless considering the Difficulty of pcuring Money in those places, doe order that ye Inhabitants of sd Townes shal not be com- able Corne at one third Part less price, than is set in the Coun- to Money Rates, they doe pay their rates in good Merchant- try Rates & deliver the same to the Treasurer at Boston at their own charge, casualtys of the seas excepted, & this or- der to continue until the General Corte take further order herein.
Copia vera attests Edward Rawson Secretary.
[III-30.]
At a General Court held at Boston Oct: 12, 1681.
In the case of Springfeild referring to the house & land now in the occupation of m' Pelatialı Glover brought hither by mutual Consent of Parties for advice. The Court Judg- eth it meet to declare that the first Settlement of the sd Es- tate by the vote of Novemb' 15 1655 is & remaines of ful force, & no avoidence made thereof, or to be made by any after vote of the Town whatsoever: That notwithstanding the Towne of Springfeild haveing Introduced & Selected mr Glover amongst them upon an Expectation of the same to be & remaine to him & his heirs forever, The Court declares that ye sd Town of Springfeild ought by an equal assessment amongst themselves to raise & make payment to the sd Glov- er of such a sum of money to the ful value thereof as may be an equal Compensation to him for ye same.
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THE FIRST CENTURY OF SPRINGFIELD.
That this is a true copie taken out of the Courts booke of Records, attests: Edward Rawson Secretary
Extracted from & Compared wth ye said Secretarys Copie P John Holyoke, Clerke for sd Towne [III-31.]
To the Genll Quart" Sessions of the Peace Sitting at Spring- feild may 20 1707.
Rules & Orders made & agreed on by the ffreeholders & Inhabitants of the Towne of Springfeild qualifyed for Voters In Town affaires, at their Meeting May 9 1707, orderly warned for that end, & agreed on to be p'sented to the Genll Quart" Sessions sitting at Springfeild May 20., 1707, for their approbation.
In as much as the Law of the Province obliges this Town to keep & maintain a Gramer School writing school & read- ing School, & that the schoolmaster be suitably Incouraged & paid by the Inhabitants of sd Town, Now for ye better support of sª School & Incouragement of Learning, It is agreed, & voted that the Parents & Masters of every scholar going to said school shal pay three pence P weeke in Town pay, & for the enabling the Town to Recover such dues for each scholar, It is agreed that the Schoolmaster that shalbe hired from time to time shal keep an Exact account of the time of every scholar comeing to sd school, & Leaving sd school, & upon demand of the Select men, such schoolmas- ter shal deliver to sd Select men under his hand an accot of the Scholars as aforesd, wch account shal be obliging us to the time of the said scholars attendance, and the Select men or Assessors from time to time are hereby ordered & Impow- ered to assess the said sum or sums upon the Parents & Masters of sd Scholars & to affix or adde the sd sums to their Town rates that shalbe granted from time to time by the Town, for assessing & raising such further sum & Sums for Completing the schoolmasters ful dues that shal be due to him, and it is further ordered & agreed that the Select men consider who are such children or scholars as to be privi- ledged, & that sd Select men do exempt their Parents &
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