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Boston (Mass.). Record Commissioners.

Second report of the record commissioners of the city of Boston : containing the Boston records, 1634-1660, and the book of possessions online

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There is libert}' granted unto Leonard Buttle to sett up another
lime kilne (by that which he hath allready sett up neare fox-hill)
at the direction of Capt. Gibones, provided he shall have no
propriet}^ of Land there by vertue hereof.

This 17th of 12th moneth, 1G41.

At a meeting this day of Richard Bellingham, esqre. Governor,
John AVinthrop, esqre, William Tynge, Treasurer, Capt. Gibones,
William Colbron, Valentine Hill, John Oliver.

It's ordered that the high waj- from John Lowes howse, by the
cove side, unto George Burden's Howse shall continue as it is layd
out this da}', vizt. : from a pile, marked this day, at the north end of
the crosse wall, in a strait line to a place marked with an axe on
the Timber of the creeke sett up by [59] John Button ; from

* Thus in the original.



Boston Town Records, 1642. 67

thence in a strait line to a stone by tiie creeke side two rods in
breadtli from William Hudson, Junr., his gate post ; and from thence
unto a place marked with an axe on the Timber at the head of the
creeke nigh George Burden's howse.

This 28th of 12th moneth, 1G41.

At a meeting this da}' of Richard Bellingnam, esqre, Governor,
John Winthrop, esqre, William Tynge, Treasurer, Capt. Gibones,
Valentine Hill, Jacob Eliot, James Penn, John Oliver.

It's ordered that Hugh Gunnyson shall be propounded to the
Court, to have liberty to keepe an ordinary with a Cooke's Shop.

James Penn and John Oliver are appointed to view the marish
which James Johnson desireth to buy of the Towne, and to report
unto the next meeting the quantity and manner of the lying
thereof.

John Peirce is admitted to be a Townsman.

It's Ordered that the Constables shall pay unto Arthur Perry 41.
10s. for his service in drumming the last 3'eare, ending this present
day.

it's ordered that the Towne shall pa^^ the Towne's Rate, now
last Assessed, in Indian Corne, at 3s. per bushel, and Rye at
3s. 4d., and wheat at 4.s. per bushell.

It's ordered that WilUam Tynge, Treasurer, and John Oliver
sliall forewarne Dorchester men from making use of any of the
hills of upland in the marish beyond Naponset River by felling
Timber upon them, or otherwise, and to demand satisfaction of
them for wliat Timber they have already felled on theui.

The Towne having considered the great Damages done by goates
unto gardens, orchards, and cornelields ; the great grievance that
often ariseth among the Inhabitants by reason of them, the many
orders made about them, and yet altogether ineffectual. Doe there-
fore ad[v]ise that whosoever now keepe any of them shall take
course to put them off, seeing that the Towne is resolved to make
an order for the remooving them altogether from this necke at theire
next meeting.

Richard Dexter is admitted to be a Townsman.

It's Ordered that noe man shall dig any more clay in the high way
toward Rocksbury by Jacob Kliot's Orchard Palles, under the
penalty of 10s per load, and so rateably for all clay which men dig
there. And it is also ordered, for the preserving of all high wa^es
in this Towne, that none shall dig any sand or clay in any of them,
under the penalty of 5s. per load.

This 4th of 1st moneth, 1642.

At a Generall Towns meeting upon lawfull warnmg.

It's ordered that the residue of the Townes Lands not yet dis-
posed of (excepting those that are layd out for commons at Boston,
Braintry and Muddy River) shall be devided amongst the present
Inhabitants (together with such as shall be admitted within two
months now next [60] following) , and that in this manner, vizt. :
a greater Proportion to them that have had lesse tlian their due,
and the lesse to them that have had more, and proportionable



6S City Document No. 46.

to them that have had none ; and this is to be done by the select
men, chosen for the Towne's businesse.

This 28th of 1st moneth, 1G42.

At a meeting of Richard Beliingham, Esqre, Governor, John
"Wiuthrop, Esqr, William Tynge, Treasurer, William Colbron,
Jacob Eliot, Valentine Hill, John Oliver.

It's Ordered upon the Considerations lajd downe in an Order
made about goates the last meeting of the select men, that all In-
habitants of this Towne shall remoove all their goates from this
necke by or before the next second day of the weeke, and never
more to keepe any of them upon this necke, under the poenalty of
3s. 4cZ. a goat for every goat seene abroad from this clay forward.
And whereas divers brethren plead necessit}^ of milke, the}' may
repayre unto Richard Fayrebankes, who hath promised to give his
endeavor in dealing with such as have milke to sell, and to direct
them where they ma}^ he provided for.

It's Ordered that the Constables shall suppl}- the present necessity
of Robt. Wing with o bushells of Indian Corne, in Consideration
of his service in keeping the new foild the last yeare, which corne
is to be repayd unto the Towne b}' the owners of Land in the sayd
feild.

John Bigs and William Briskoe are appointed overseers of the
common fence at muddy river, according to the order made on the
26th of 8tli mo., 1G40.

It's Ordered that the constable shall pay unto Robt. Turner for
Dyet, beere, and fire for the select men, 18s.

Ralph Gulthrop, Jacob Chapman, William To}', and Benjamin
Thwing are admitted to be Townsmen, together with John Baker,
William Burnell, James Hudson, Robt. Williams, William Frank-
ling, Jun., Daniel Briskoe, Tho. Blott.

It's Ordered that Richard Parker and James Everill shall have
power to demand Is. per acre of every one that hath corne ground
in the new field, for fencing, set up at low water marke by James
Browne and others the last yeare ; and in case of refusall of pay-
ment, to require the helpe of the constables to Levy the same.

It's Ordered that James Everill shall set downe the street fence of
his garden according to Direction of William Tynge, Treasurer,
and John Oliver.

It's appointed that the order made concerning Hogs on the 29th
of 1st rao., 1641, shall stand in force, onely that which con-
cerneth carrying them to Deare Hand is hereby repealed.

This 25th of 2d moneth, 1642.

At a meeting of Richard Beliingham, esqre. Governor, John
Winthrop, esqre, William Tynge, Treasurer, Capt. Gibones, Wil-
liam Colbron, Valentine Hill, John Ohver.

William Philpott and Robt. Turner, Shoemaker, are [61.] Ad-
mitted to be Townsmen.

Widdow Purton hath liberty granted to mowe the marish
Bordei'ing upon M". Mellowe's planting ground in the new field for
■this present yeare.



Boston Town Records, 1642. 69

John Ruggle is chosen to kecpe the cattell in this necke all this
next sumer ; and it is ordered that he shall goe forth with them at
sunne an hower high, and l>ring them home at six of the clocke ;
and for his service herein he is to have a bushell of Indian corne
for each cowe. He is also chosen to see the order executed con-
cerning swine, for which he is to have halfe the forfeiture, the rest
is to be taken up by him and Improoved to the Towne's use.

There is liberty granted unto all those that mowed the marish in
the new field the last yeare to mowe it this yeare also, save that
Edmund Jackling is to mowe that which widdowe Purton leaveth,
she being otherwise provided for as by a former order made this
present day.

This 2d of 3d moneth, 1642.

At a generall Townsmeeting, upon warning from howse to howse,
William Tynge, Treasurer, and Capt. Gibones are chosen Depu-
tyes for the next generall Court.

Edward Tj-nge is chosen Constable for this jeare next ensueing,
and untill a new be chosen.

The 2oth of 5th moneth, 1642.

At a meeting of John Winthrop, esqre, Governor, William
Tynge, Treasurer, William Colbron, Jacob Eliot, James Penn,
John Oliver.

Simon Rogers is admitted to be a Townsman.

It's granted to Capt. Gibones, John Davis, and John Smith to
have the marish on their backsides to the water side, paying unto
the Towne for it after the rate of 40.s'. per acre.

W^illiam Tynge Treasurer, James Penu, and John Oliver are
appointed to order the digging of the creeke neare John Davis, his
howse, and the high way to Charletowne by Tho : Marshal's land.

Edmund Jackling and Edward Dennis are appointed in stead of
John Ruggle, Joyntly and Severally, to execute the former order
concerning swine ; and if they find any unyoked, they are to yoke
them, and the owners of the swine are to pay them six ])ence for
each swine so yoked, over and above the forfeiture set down in the
former order ; and in case of defect of any of these payments, the
said Edm. Jackling and Edward Dennis shall have hberty to
Levye the same by distresse, upon warrant granted them by the
Towne.

William Salter hath liberty granted him to mowe sufficient for
one cowe, neere Rocksbury, where he can find it, except that which
is hei'cby granted to Sam. Sherman, who hath liberty to mowe
where he mowed last yeare. Also if any marish remaine being not
formerly granted, John Ruggle and Robt. Howin have liberty to
mowe for their cattell this present year in the said marish neere
Rocksbury.

[64.] William Tynge, Treasurer, William Colbron, and John
Oliver, are appointed to Joyne with Dedham, Cambridge and
Watertowne to Lay out the high wayes from Towne to Towne,
through Boston Lands at muddy river, as also to lay out more
private wayes there unto landing places or otherwise.



70 City Document No. 46.

The Towne hath received the sum of il. of Ensigne Savage for
the 10 acres, be it more or lesse, formerly granted and hiyd out to
him at Hog Hand.

This 29th of 6th moneth, 1642.

At a meeting of John Wluthrop, esqre. Governor. William
Tynge, Treasurer, Capt. Glbones, William Colbron, Valentine Hill,
John Oliver. It's Ordered that such at Rumney marish as have
bene defective in their hands and Teames for mending the high
wayes heere in the Towne, according to order, shall yeild their
helpe in mending their high wayes in Rumney marish, and others
that are bound b^- order to worke at the highwayes in Rumne}'
marish, shall worke at the high wayes about the Towne in their
stead.

The Constables are appointed (according to Order of the gen-
erall court) to take care for the building a salt peter howse in the
prison yarde 30 foot in length, and 14 foot in breadth, set upon
posts 7 foot high above ground, with a covering of thatch, and the
walls claboarded tight from the injury of rayne and Snow.

It's Ordered that the constables shall give speedy warning unto
Walter Merr}- to leave open the high way upon the sea bancke over
which he hath built a roofe, with promise at first to mainteyne an
high w^av under it, but since hath unto great inconvenience diverted
it, contrary to the order of the Towne, and without licence from the
Towne.

It's Ordered that the Constables shall, with all convenient speed,
take care for fencing in the burning place.

This 2d of 7th moneth, 1642.

At a generall Towne-meeting upon lawfiill warning.

John Winthrop, Esqre, Governor, Richard Bellingham, Esqre,
William Tynge, Treasurer, Capt. Gibones, William Colbron, Jacob
Eliot, Valentine Hill, James Penn, John Oliver, are chosen as
before for the Townes affa^Tcs these 6 months next ensueing.

This 31st of 8th moneth, 1642.

At a meeting of John Winthrop, Esqre, Governor, William
Tj^nge, Treasurer, Capt. Gibones. William Colbron, Jacob Eliot,
Valentine Hill, James Penn, John Oliver.

Edw. Fletcher hath libert}' granted him to finish the Porch
which he hath begun to set up, 3 foot into the street, which is to
remayne for his use, unlesse the Towne shall hereafter find it to be
inconvenient to the street, which if it be found, he shall remoove
it out of the street.

There is liberty granted unto Widdow Tuthill to remoove her
windmill into the fort, there to place it at the appointment of
Capt. Gibones.

[63.] It's Ordered that the Constable shall give speedy notice
to Robt. Nash, Butcher, that with all speed he remoove the Stinking
garbage out of his yard, nere the street, and provide some other
remote place for slaughter of Beasts, that such loathsome smells
might be avoyded, which are of great annoyance r,nto the neigh-
bours, and to strangers.



Boston Town Records, 1642. 71

28th of 9th mo., 1G42.

At a meeting of John AVinthrop, Esq™. Governor, William lynge,
Capt. Gibones, Valentine Hill, John Oliver.

There is liberty granted to Goodman Basse and Goodman
Baekster, both of Braiutry, to buy the overplus that remayneth in
the three hill marish at Bi-aintr}' above their 40 acres.

This 26th of 10th mo., 1C42.

At a meeting of John Winthrop, esq™, Governor, Richard Belhng-
ham Esq™, W". Tynge, Treasurer, WiUiam Colbron, Jacob Eliot,
Valentine Hill, James Peun, John Oliver. There is liberty granted
unto Thomas J03', Carpenter, to set up an howse over his sellar by
the water side, in the common v>-ay by his dwelling howse in the
milfield, leaving, and from time to time keeping open, a passage of
6 foot in breadth between howse and howse.

WiUiam Briskoe and Peter Oliver are appointed to oversee the
comon fence at muddy river this next suiuer, according to the
Tenour of the order, made concerning it on the 2Gth of 8th mo.,
1640.

There is granted unto M^ Richard Parker liberty to Purchase
the marish adjoyning to his upland in the new lield, reserving
liberty, if need be, to make use of it for the mill thereabout
intended.

It's Ordered that the highway allready begun from widdow
Tuthill's windmill to the fort 20 foot in breadth, shall be laj-d out
by William Colbron and Jacob Eliot.

It's Ordered that Parents shall give in a note of the names of their
children, and the time of their birth, unto the Chirke of the writs
(both of such as have bene borne in this towne. and shall be
borne), within one weeke after their birth, under the poenalty of
6 pence for every defect, and he that hath the care of the burying
place, shall give notice unto the sayd Clarke, of the names of such
as are buryed, and that the Constable shall signifye this order unto
every family in the Towne.

It's Ordered that the Towne Treasurer shall demand the money
due from Martin Sanders and George Ruggle, of Braintr}-, for Land
sold unto them there, and in case of defect of payment, to Sue
for it.

Harman Atwood is admitted to bfe a Townsman.

This 30th of 11th mo., 1612.

At a meeting of John Winthrop, esq™, Governor, Richard Bell-
ingham, esq™, Capt Gibones, William Colbron, Jacob Eliot, Val-
entine Hill, John Oliver.

John Stevens is admitted to be a Townesman.

[64.] Henry Simons is admitted to be a Townsman.

Christopher Stanley hath libert}' to purchase the marish in the
millfield, on the east side of the Cause}-, toward Charlctowne, pay-
ing for it after the rate of 40' per acre, the said marish to be set
out by William Tynge, Treasurer, Capt. Gibones, and John Oliver.

John Smith, Gent., his assessment of , unto the

last country rate, is remitted unto him, upon consideration of the
great losses that of late have befallen him in Ireland.



72 City Document No. 46.

This 20th of 12th mo., 1642.
At a general Townsraceting upon lawful warning
John Whithrop, esq'''', Governor, Richard Bellingham, esq",
W°\ Tynge, Treasurer, Captain Gibones, W™. Hibbens, gent., W".
Colbron, Jacob Eliot, Valentine Hill, John Oliver, are chosen for
the affaj'res of the Towne these six months next ensuing.

This 27th of 12th mo., 1642.

At a meeting of John Winthrop, esq™. Governor, W™. Tynge,
Treasurer, W". Hibbens, gent., William Colbron, Jucob Eliot,
Valentine Hill, John Oliver.

There is granted unto Tho. Grubbe, James Everill, James John-
son, Myles Tarne, Tho. Buttalph, leather dressers, a place for the
watering of their leather, neare James Davis, his house, wliich
they shall have liberty to fence in for the securing of their leather,
to be la^'d out mito them bj- WiUiam Hibbins. Gent. Afforesaid,
with some one of the selectmen, Alwa^'s provided that it is in the
Townes power (if they shall see cause) , to resume this land and
liberty now granted, into their Hands againe for any more publicke
or coiiion use.

William T3'nge, Treasurer, Capt. Gibones, and John Oliver, or
any two of them, are appointed to view the swamp in the mill feild
which Cliristopher Stanly desireth to buy of the Towne, and to make
returne to the next meeting, whether or no it may be conveniently
sold unto him, and to lay out a convenient way through the mil-
feild, to the windmill and Charleton ferry.

William Colbron and Jacob Eliot are appointed to view a parcell
of Land toward M^ Blackston's Beach, which Richard Peapes
desires to Purchase of the Towne, whither it may be conveniently
sold unto him.

The}- are also appointed to marke out the footway from the
Towne to the gardens neare widdow Tuthill's wind-mill, as also
the cartwa}' out of the milne lane to the sayd Gardens.

This 27th of 1st mo., 1643.

At a meeting this day of John Winthrop, esq'"% Governor, Rich-
ard Bellingham, esq''% W"\ Hibbins, gent., W'". Tynge, Treasurer,
Capt. Gibones, Jacob Eliot, Valentine Hill, John Oliver.

It's Ordered that M^ Payne, of Braintr}', his assessment unto the
Towne rate of Boston, shall be respited unlill farther considera-
tion may be had about it.

Sergeant Johnson and AValter Merry are requested to take the
oversight of the boyes in the galleryes, and in [65.] Case of
unruly disorders, to acquaint the Magistrates therewith.

John Rugle, is appointed to keepe the milch cattell for this next
sumer ensueing, and to agree with the owners for his wages.

Tho. Ohver is Joyned with William Hibbens, Gent., to set out
the place for watering of Leather, granted to several bretheren the
last meeting.

William Tynge, Treasurer, and John Oliver, being thereunto
appointed the last meeting, have agreed, that Christopher Stanly
shall have all the marish on the east side of the waj- toward



Boston Town Records, 1643. 73

Charleton ferry for 1/. 10s. to be pa,3d by him for it, reserving 8
foot iu breadth all along the side of the ditch by the sayd highway-,
and the swamps being compassed with his npland for G.n. 8d., being
about I an acre. As also that there shall be an highwa}' reserved
through the milfeild, two rods in breadth from the west corner of
Mathew Chafeth's garden, unto the little howse by the sa3-d
swamps, and from thence to the wind-mill as directly as the land
will beare.

This 1st of 2d mo., 1643.

At a generall Townmeeting upon lawfull warning.

William Hibbens, Gent., and Capt. Gibones are Chosen Deputyes
for the next generall Court.

Richard Parker is chosen Constable for this next yeare and till
another be chosen in his stead.

It's Ordered that all swine whatsoever that remaine in this necke
of Boston, shall be kept up in yeards or bowses so as that thej-
may not goe abroade to trespasse on mens corne or gardens.

This 24th of 2d mo., 1643.

At a meeting of John Winthrop, Esq'"% Governor, Richard Bell-
ingham, Esq"'", W". Tjnge, Treasurer, W". Hibbens, Gent., Jacob
Eliot, John Oliver.

William Courser is appointed for this yeare next ensueing year
upon breach of the order concerning swine, made by the last gen-
eral Towne meeting, to Impound all such swine, for which he shall
have one pecke of Indian Corne payd to him by the owner, for
every such swine and every Trespasse, and in case the}^ be not
owned in 24 bowers after the sayd Impounding, they shall be
accounted and used as a stray.

This 29th of 3d mo., 1643.

At a generall Towne meeting upon lawfull warning.

Henry Webbe and Richard Fayrebankes are chosen Survej-gh-
ours of the highwayes in this necke for this next yeare also, and in
like manner James Penn and Wentworth Day, Gent., are chosen
surveyghours of the highwayes at Rumney marish.

At a meeting this day of John Winthrop, Esq™, Governor, W"\
Hibbens, Gent., W"\ Tynge, Treasurer, Capt. Gibons, W". Col-
bron, Jacob Eliot, Valentine Hill, John Oliver.

Having considered the request of sundry Bretheren, concerning
Digging of a creeke for the Harbour of Boats in the marish neare
William Hudson, senior, his howse, we doe conceive the worke
very necessary, and doe thinke meet to moove the Towne that (if
they shall see good), it may be carryed an end with their coinon
assistance : in the meanwhile, John Winthrop, Esq™, Governor,
Valentine Hill, merchant, Richard Fayrebankes, Robert Turner
and James Davis, have liberty to make enterance into the worke.

(66.) Having considered the request of William Tynge, Treas-
urer, concerning the setting of a shop neere his yard palls, we thinke
good to refer the same unto further consideration, at the next Town
meeting, provided that the Toleration of the sayd shop untill then,



74 City Document No. 46.

shall noe way prejudice the determuiation of the case for the
future; moreover, WilUam Hibbens, Gent., is requested to gi^e
notice hereof unto Richard Bellingham, Esq., and to desire his
presence at our next Towne meeting.

William Colbrou and Jacob Eliot are appointed sufficienth' to
repaire the coihon gate and fence next Rocksbury, for which the
Towne is to give them satisfaction.

William Courser is appointed to give notice to all men that have
set up pattens, and shores against their fences in the comon
streets, to the annoyance of the wayes that they speedil}- cleare
the streets of them.

William Tynge, Treasurer, and John Oliver are appointed to laj-
out the highwayes in tiie raillfeilds.

Christopher Stanly is appointed to be water Bayliffe to cleare the
shoare from all offences to boates or the like, betweene the high
water and low water marke.

Edm Jackson hath libert}' granted to mowe the marish he hath
formerly mowed in the necke.

This 5th of 4th mo., 1643.

At a generall Towne meeting upon lawfuU warning.

It's Ordered concerning swine, that none shall goe abroad upon
the neck, neither winter nor suiuer, without being yoaked and
Ringed Sufficiently. William Plaintayne and Thomas Blot are
appointed to see unto the excequution hereof, 6d. per swine being
allowed them for yoaking and Ringing. Thomas Marshall is
appointed to assist them for the milnefeild. Richard Fairebankes
in the mids of the Towne. William Salter in M''. Colbron's end.

This 31st of 5th mo., 1643.

At a meeting this day of John Winthrop, Esq""% Governor, W".
Tynge, Treasurer, Capt. Gibons, Valentine Hill, John Oliver.

There is granted unto Henry Simons, George Burden, John But-
ton, John Hill, and their parteners. All that Cove (already bounded)
on the Norwest side of the Cause}- leading toward Charleton, with
all the salt marish bordering thereui)on round about, not Formerly
granted to any other (Reserving libert}' from time to time to make
use of any part thereof for repayring the sayd Causey) , to have
and enjoy the sayd cove and marish to them and their heyres and
assignes for ever.

Secondly, the sayd grant is for this intent and upon this con-
dition : that the sayd Grantees their heyres and assignes shall
within the space of three yeares now next following, erect and
make upon or neere some part of the premises, one or more corne
mills, and maynteyne the same for ever.

Thirdly, that the sayd Grantees shall make and mainteyne for
ever a Gate of ten foot in breadth, to open with the Floud, for
Passage of Boats into the sayd Cove, at such time as they may
arrive at their ordinary landing places.

Fourthly. The Towne doth grant unto them their heyres and
assignes three hundred acres of land at Braintry for the use and
encouragement of the said mill or mills.



Boston Town Records, 1643. 75

Fifth', that if they shall carry their millstrearae through the
marish on the northeast end of goodman Lowe's howse, they have
sixtA' foot in breadth throughout the sayd marish granted unto
them their Heyres, and assignes for ever.

[67.] Sixtly. The}' shall have Liberty to Digge one or more
Trenches in the high vvayes or wast grounds, so as they make and
mainte^'ne sufficient, passable, and safe waj-es over the same for
horse and Cart.

Seventhly. The Towne will not allow any other coinon mill to
be erected, except the necessary' occasion of the Towne shall
require it.

Eighthl}'. The sayd select Townsmen and their successours shall
procure what free helpe the}' cann (by perswasion) upon any
pressing occasion of Use of many hands about making the bankes
or trenches, &c., for the better furtherance of the worke to be
speedily Etfected.

There is liberty granted unto Edward Bendall to seeke out and
choose unto himselfe four hundred acres of Land at Braintree (by
vertue of assignement of the Afforesaid quantity unto him from M"".
Samuel Mavericke, unto whom it was first granted), not prejudice-
ing the smaller Lots of our Inhabitants there to be Layd out.



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