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vpon the 1st of May 1669 did giue libertie for gates to be set vp in a high way at Muddy riuer leadinge from Rob Harris his house through the land of Mr Henery Bowen towards the Common, wch gates hauc since proued an injary and damage to the sa Harris & his Neighb" in driueinge their Cattle to & from the Common, upon whose complaint of the damage and injary they have sustained by the said gates Wee the present Selectmen mett as above at theire request doe agree and ord' that the two gates now standinge at the entrance into the sa Bowens land neere his house be continued as formerlie accordinge to the former order for 2 yeares next ensucinge the date hereof and noe longer but then be layd open as a Comon high way, without gates, barrs or other interruption or molestation.

And whereas it apeares yt the said highway was formerly agreed on by the s Bowen Capt. William Tynge & Mr. Richard Parker (all deceased) & others concerned, to be a Comon highway to Muddy River Comon but not layd out nor record. It is now agreed on & ordered that the same highway that have beene formerlie made use of, be continued, and as now marked out on 3 trees, to be 2 rod in breadth throughout from yo. s. Haris his house through the land of said Mr. Bowen, of Wm. Davis & Rob'. Harris & thence to Muddy Riuer Common.

23th. April 1677 At a meetinge of L. Daniell Turell, Capt Thomas Brattle, M. John Lake, Capt James Olliuer, Deacon Henery Allen Deacon Jacob Eliott & John Joyliffe

Whereas the widdow Walker hath set vp 4 posts vpon the towne land to support the Gettie of her house without ye aprobation of y select men, It is now ordered and agreed with Isaack Walker her sonn yt he pay 3'. p. ann to the Towne Treasurer for standinge of the said posts and that they stand but duringe the townes pleasure.

It is Ordered yt Phillip Paine Tayl' not admited into y Colony, Hester Palmer formerlie Gannet, come from Jamaica Henery Earle a deboyse & swearinge man be returned to ye Court.

[105.] The seuerall psons und'. written are aproued of to keepe comon houses of entertainem'. & sell beere some wine by retayle.

Capt William Hudson to sell beere & wine &c. prouided Thomas Wheeler keepe the house & ingage for yo. obseruance of good ord1. therein.

Lt. John Smith to sell beere wine & stronge liquor at Winesemet. John Viall Sen. John Turn'. Capt Wm. Write to sell beere wine & syder.

Wm. Kent & John Keene to keepe cookes shopps & sell stronge beere & wine

John Winge to sell beere wine & syder.

John Brouken & Arth'. Keene to keepe cookes shopps & sell penny beere.

Christopher Crowe to sell beere & syder.

The like to all y'. follow.

Samuell Nordon, Robert Cox, Thomas Sexton, M". Barnard, Wil

liam Norton, Thomas Bill, Benj". Phippany, William Pollard, Rebecka Winsor, Francis Hudson, Natha. Bishop, Constance Mattocke, Andrew Neale.

Widdow Wardall prouided she put in carefull man to keepe yo. house, Clem. Grosse prouided he hath a carefull man to attend ye. house, Widdow Franke provided yt. Samuell Bosworth keepe ye. house or some other carefull & suffitient man to manage it

John Sparry to sell Coffie by retayle & onely Coffee.

14 May 1677. At a meetinge of the freemen of this towne upon lawfull warninge It is Ordered that Elder John Wiswall, Eld' Edward Raynsford, Capt Joshua Skottow, Capt John Richards & Mr Elisha Cooke, bee a Comittee for drawing vp Instructions for the Deputies of ye Generall Court, to whome ye select men are to ioyne, for that end.

19th. May. At a meetinge of the foresd. Comitee the followinge instructions were agreed upon & ye. 21th of May were presented to the freemen & aproued of by them to be recomend. to ye. Deputies. 1. That endeaus. of peace & vnitie be attended & noe controversall disputes moued, it beinge a time to vnite.

2. That in all matters of judicature wherein you may be called to giue yo1. vote you assume noe arbitrarie powre but obserue our knowne and established lawes for yo'. direction therein (exceptinge in matters of mere grace & fau. wherein you may abate of the rigor of ye. lawe accordinge to yo'. discretion.

3. That in the exercise of yo'. legislatiue powre you haue respect to ye. Charter or Patent & that you make noe lawe or ord'. repugnant thereto.

4. That in all other matters that may come vnder yo'. consideration you passe nothinge that may in the least measure haue any tendancie to ye. infringm'. of our liberties & priuiledges whit'. ciuill or eclesiasticall granted us by our Charter.

5. That whereas the nomber of freemen in this towne is much, enlarged yt. y. nomb'. of Deputies may be augmented proportionablie to other townes.

6. Whereas the stand'. of waights exceed not 4 pounds it may be enlarged to one hundred waight yt. fraud may be preuented in greate draughts.

7. That whereas there may be more vse of brickes then formerly, the lawe relatinge to tiles may extend alsoe to brickes as to the earth they are made of, and yt. not tempered with salt or brackish water & yt. there may be a sise apoynted & theire moulds be shod 8. That the lawes respectinge booke debts be repealed or the time for getting of them in, enlarged.

9. That effectuall care be taken for ye. paym'. of yo. debts due from ye. Countrie yt. injustice in yt. respect be not matter of complaint.

[106.] 10. That some ord'. be taken about regulateinge buildings in y. respectiue townes, yt. by scatteringe they expose not

themselues to yo. crueltie of ye. natiues or by theire narrow streets to ye. dang. of fire.

11. That ye. mony stampt in ye. Colony may be made somethinge lesse yt. the carryinge it out may be preuented & yo. bringinge in of Bullion may be incouraged.

12. That the late ord'. of ye. hond. Councill bearinge date yo. 29th of March 1677 respectinge the entertainmt. of Indians for servants or otherwise may be enacted as a lawe.

13. That whereas oathes beinge taken priuately without the knowledge of the pties concerned and are dubiouslie worded whereby many inconveniencies doe arise, that some care may be taken to preuent damage thereby.

14. That care may be taken yt. the seuerall lawes & ord". established concerninge yo. due obseruation of the Sabbath be strictlie executed, the profanation thereof growinge more & more amonge

us.

15. That this towne may be a Corporation or made & towne & countie.

16. That care be taken all ware made of pewter or siluer whether brought to the Countrie or made here & exposed to sale be of yo. just alloy.

17. That a larger powre be allowed to those yt. are apoynted to serch out unlicenses houses of entertainem. accordinge to yt. Lawe made 13th. of Octobr. 1675. Subscribed p

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May 28, 1677. At a meetinge of Capt. Thomas Brattle, Mr. John Lake, Capt. James Olliuer, Deacon Henery Allen, Deacon Jacob Eliott, John Joyliffe, L. Daniell Turill

Whereas John Needham & Engerman Hilgison haue damaged the High way neere deacon Eliotts house, by turninge there draynes into it, It is ordered that the sa Needham & Hilgison, carry theire sa draynes vnder ground beyond the warehouse of deacon Eliott & Mr Theophilus Frary before the 1st. of September next upon the penaltie of 203. each of them.

25th June. At a meetinge of Mr. John Lake, Capt. James Olliuer, Deacon Henery Allen, John Joyliffe, & L. Daniell Turill 27. Ordered the Treasurer to pay Capt Euerden 3ld. in mony for halfe a barrell & 20 pounds of powder made vse of, to blowe vp a house at yo north end of the towne when it was on fire.

July 19. Libertie was granted to ye deacons of the first Church in Bostone to set down a post 6 foote of the Corner of the sa Meetinge house next Mr. Benjamine Dauis Dore.

July 24. Reced of Mr Paul Dudley to be distributed amonge those poore now residinge in Bostone, come from other pts im

pouerished by the warr; Two Barrells of wheate, one barrell of mault, 12 barrils of Flowre, 15 Barr" of oate meale, 2 Firkins of Butter & 170 of cheese wch was accordinglie distributed.

[107.] 1677 July 30. At a meeting of Capt. James Olliuer, Deacon Henery Allen, Deacon Jacob Eliott, John Joyliffe, L'. Daniell Turill, & Capt. Thomas Brattle

Recd a Coppie of an Order of ye Generall Court concerning yo layinge out of ye streets at ye north end of ye towne where ye houses were lately layd wast by ye fire — viz.

At a generall Court held at Bostone ye 23th of May 1677.

The Act of y Councill & returne of ye Select men beinge read & pervsed by the Court who tooké notice yt the streete as now layd out is made wider & more acomodable to the publique & due satisfaction giuen & receaued by all psons concerned (one onely excepted) The Court aproues of the act of y Selectmen, & ord it to be proceeded in, & the pson yt hath not consented, to haue ye like proportionable satisfaction tendered him, for soe much of his land, that is taken & staked out to the streete

That this is a true Coppie taken out of yo. Courts records.

Attests, EDWARD RAWSON secretary.

Aug 1st. The difference betweene Thomas Joy & ye select men relateinge to satisfaction y he required for inlarginge the streete where his houses were laid wast by fire, was referred to Capt Joshua Hubbard, L John Smith of Hingham & to Capt John Richards, Mr Wm Taylor & Mr Symon Linde of Boston or the major parte of them upon the 3rd. of said August they award and give under theire hands that the said Selectmen in the behalfe of the towne of Bostone shall pay to Tho. Joy or his order 50. in countrie pay vpon demand & 20. in current money within one moneth after the date thereof, And that the said Joy shall acquit & release to them his right and proprietie to the land now layd out for a high way for y vse of y Towne, which is 22 foot in breadth betweene his land & the Land of Dan' Turill on ye other side of ye way. Aug. 20th At a meetinge of the inhabitants of Bostone upon publique notice for choseinge of a Comission'. to joyne with the Selectmen for the takeinge of a list of all male psons & valuation of estates rateable to the Countrie by warrant from the Countrie Treasurer [In margin"Comission'. chosen.]

Aug 27. At a meetinge of Deacon Henery Allen, Deacon Jacob Eliott, John Joyliffe, L'. Daniell Turill, Capt. Tho. Brattle Capt James Olliuer

Libertie is granted to the Widdowe Castle to entertaine Lodgers Francis Hudson haueinge ingaged for y obseruation of good ord in the Family.

Let vnto Ann Carter alis Hunt the house & land formerlie Israell Howens in the Conion for 3 yeares from the 1st. of September next she payinge £4 p an rent yearlie to the Towne Treasurer.

Ordered widdow Bastar £5. for her enlargeinge of ye highway

after the desolation of her two houses by fire & for her present reliefe upon her petition.

Ordered that John Drurie who cut downe a post set vp by ord of ye Selectmen at the Corn' of y old Meetinge house set vp another in the place thereof to the satisfaction of the Deacons within 10 Dayes vpon the penaltie of 20". and to leauell and paue the ground as it was before upon the same penaltie.

[108.] 1677 Aug 30. This day by warrant from the Countrie Treasurer a valuation was taken of the estates of the severall inhabitants belonginge to this towne by Capt John Richards Comissioner and the Selectmen and comited to the said Comissioner to be returned accordinge to lawe amountinge to £210. 14. 2.

3 Sept. At a publique meetinge of the freemen of this towne appoynted for the election of Commissions for yo. yeare ensuinge were chosen as followeth.

Capt Thomas Brattle, John Joyliffe, Mr. Humphrey Dauie, Major Thomas Sauage Mr. Anthony Stoddard Capt John Richards Capt Thomas Clarke

13th. September. This day was comited to the Constables of the towne 6 rates vigt. to each Constable one by warrant to collect in theire severall precincts for the use of the Countrie in all 1490 1a. and for the townes use 500. 15o. to be all paid into the treasurer of the towne both 1990ld. 16.

25 Sept. At a meetinge of Deacon Jacob Elliott, John Joyliffe L'. Daniell Turill, Capt James Olliuer & Deacon Henery Allen Libertie was granted to Mr Pet' Serjeant to set vp a Lime kilne vpon the clay hill neere Fox hill, If it be done with the aduice & approbation of Deacon Eliott.

Oct 2. At a meetinge of all the Selectmen

It was ordered by warrant to the Constables y but 8 men should watch euery night, of which two to walke to & fro at ye North end of ye towne to Jn° Conys lane, two thence to the prison lane, & downe the broade streete & about ye decke, two from the Town house to Deacon Eliotts house, two thence to the gate vpon the necke, who are to cause the gate to be shutt at night & opened at 5 in the morning, and you are to give spetiall charge to the watch to be carefull about fire, & whatsoeuer Indians shall be found goeinge or comeinge to comit to prison, or any other disorderly psons, and to continue the watch till further order. You are to take notice that ye two bellmen are to continue their ordinary cource with theire bells notwithstanding the watch.

Edward Dauis & Peter Warren are apoynted Belmen, and are both to goe about the towne cuery night, seuerallie not togeath'. to begin betweene 10 & 11 and obserue the orders made formerlie folio 11 & 39.

Wm Greene beinge about to erect a wharfe vpon the flats before W Lanes house was prohibited to proceede by Capt. Thomas

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