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ES
WATERTOWN RECORDS
COMPRISING
THE FIRST AND SECOND BOOKS OF
TOWN PROCEEDINGS
WITH THE
LANDS GRANTS AND POSSESSIONS ALSO
THE PROPRIETORS' BOOK
AND
THE FIRST BOOK AND SUPPLEMENT OF
BIRTHS DEATHS AND MARRIAGES
PREPARED FOR PUBLICATION BY THE HISTORICAL SOCIETY
-
WATERTOWN MASS PRESS OF FRED G BARKER 1894
W- Wa
30807
R
OF CONGR
ibs.
CITY OF
WASHING
INTRODUCTION.
At a town meeting held on the twenty-third of March, IS91, it was " Voted to appropriate the sum of $1,000 for the publication of the earlier town records, and that the Historical Society of Watertown be authorized to take charge of said publi- cation, and said sum shall be assessed upon the polls and estates of the coming year." Acting under the authority thus given, a committee appointed by the Society has prepared this book. In so doing, it has been the aim of the Committee to produce a copy, verbatim et literatim, of the original records. Nothing has been taken for granted. All doubtful passages have been placed in brackets, and editorial comments or additions have been enclosed in parentheses, with references to authorities where necessary. The page-numbers of the original records, displayed in bold-faced type, are given for purposes of reference.
In connection with the work, Mrs. Ruth A. Bradford, a mem- ber of the Historical Society, has searched the files of original court records now in the custody of the Clerk of Courts for Mid- dlesex County, for Watertown items prior to the year 1700; and a similar search of the Suffolk County files and the State Archives, has been made by Dr. Davenport. It may not be out of place to allude, here, to one or two matters of history pertain- ing to the town, gleaned in part from these sources. Watertown was the fourth town constituted in the Massachusetts Bay Colony (State Archives, vol. 113, p. 295). Only one town in the State of Massachusetts, however, has at this day, earlier original rec- ords of town proceedings than Watertown. The original records of Plymouth begin March 31, 1637; those of Salem, Dec. 26, 1636; Charlestown, Oct. 1, 1634 ; Dorchester, Jan. 16, 1632. Of the later towns, the records of Boston begin Sept. 1, 1634, and those of Roxbury, April 29, 1648. Some of these towns, however, have records of land grants or of settlers a month or two earlier than those of their general town proceedings. The only records we have of the extinguishing of the claims of the
iv
Introduction.
native Indians to the territory of the town, are found in the Records of the General Court. By the Court of March 13, 1638-'9, "Mr. Gibsons was desired to agree with the Indians for the lands wthin the bounds of Watertown, Cambridge & Boston," and by the Court of May 13, 1640, "It was ordered that the 234 85 6d layd out by Capt. Gibons shall bee pd him, vid ; 134 Ss 6d by Watertowne, & 104 by Cambridge, & also Cambridge is to give Squa Sachem a coate every winter while shee liveth." The numerous extracts from the State Archives relating to the estab- lishment of towns and kindred subjects which are to appear in the volume of the Acts and Resolves of the Province of Massa- chusetts Bay, will contain considerable matter concerning the long-continued controversy over the location of a proposed new meeting-house in Watertown : a dispute which brought about the formation of the East and West precincts, and finally resulted, on Jan. 4, 1738, in setting off the West precinct as a town, under the name of Waltham. It should be mentioned that the earlier records of Watertown Farms, incorporated as Weston, Jan. I, 1712, have just been published by that town, edited by Miss Mary F. Peirce, a member of the Historical Society of Watertown.
The General Proceedings of the Town of Watertown, from the beginning until the present time, are contained in fourteen vol- umes. The Births, Marriages and Deaths, are recorded in seven volumes, the first of which has a short supplement. Certified copies have been made of the first six volumes of the Proceedings, and of the first three volumes of Births, Marriages and Deaths and the supplement. All of these originals are in a fair state of preservation, except the first volume of the Proceedings. The accounts of the Treasurer begin, as a separate record, early in 1696, and occupy twelve volumes; in one of which are also recorded the church affairs of the East Precinct from 1685 to 1792. The Proprietors' Book of Records ends in 1742. It is printed, complete, in this volume. Besides the records already mentioned, there are a number of unbound leaves of records run- ning from Nov. 2, 1702 to Jan. 13, 1727, which have been stitched together and preserved in the back part of the Third Book of Town Proceedings; one volume of records of the Fish Wardens between 1799 and IS26; and forty-five books of Asses- sors' Records, beginning in 1790, previous to which time the lists
V
Introduction.
were preserved in the files of original papers. These files are quite full from 1737, the year in which Waltham was set off; and they are believed to be unusually complete for a country town. Previous to 1737, they are not so complete ; and they contain very few papers prior to the year 1700. Mr. and Mrs. Charles A. Stearns, members of the Historical Society, are now arranging these files in substantially bound volumes.
The oldest volume of the records contains the First and Second Books of Proceedings, and the Lands, Grants and Possessions. The book is bound in leather, and bears upon its side the title, "First Watertown Records." Upon a fly leaf, some one has written that it was "New bound in 1829." There are no title pages in the volume. For the first twenty years, only the right hand pages were used in entering the records. The first of these pages is numbered 2, although the numbering does not appear to be contemporaneous with the records. What was written on the lost page I, will probably be always a matter of conjecture, though some find reason to believe that it was only a title page. The account of the proceedings from Nov. 28, 1643 to Nov. 29, 1647, is also missing. This is probably due to carelessness in the preservation of the book, though there are some indications that the records for this period may never have been very com- plete.
The practice of designating the month by number instead of by name, which is of frequent occurrence in these records, for exam- ple, " 21st (3rd) 1650," renders necessary the reminder that until September, 1752, the Julian, or " Old Style" calendar was the legal standard. The year began, therefore, on March 25th, instead of on January Ist, as it does under the Gregorian, or "New Style" method; and March was known as the first month, April the second month, and so on. A few instances are found in which dates falling between January Ist and March 25th are given in both Old and New Style, as for example, on page 122 of the Proceedings " (9th) March, 74 / 75."
As no little interest is attached to the personality of the fore- fathers whose doings these records bring within the knowledge of a later generation, the Committee has incorporated in this book a number of photo-electric reproductions of parts of the original records, which serve to illustrate the styles of entry
vi
Introduction.
practised by the ten successive town clerks, John Eddie, Simon Eire, John Sherman, Ephraim Child, Hugh Mason, John Whit- ney, Thomas Hastings, Simon Stone, Jonathan Browne and William Bond. Three maps of portions of the town have also been added, of the dates of 1687, 1720 and 1795. The originals of these maps are in the State Archives, and are the oldest maps of Watertown now known. The destruction by fire Nov. 10, 1825, of the map made by Abram Brown in 1640 (Bond's Hist. of Watertown, Sec. 84), of which no copy is known to exist, was a loss that will ever be deeply regretted by those who are interested in ancient Watertown.
The preparation of this volume has occupied the spare time of the Committee for three years. The indexes were undertaken by Miss Crafts, and they were well advanced at the time of her sad death. The rest of the work, including the copying of the entire records herein printed, has been performed, mainly, by Messrs. Fitz, Davenport and Mason. It has been a labor of love, arduous indeed, yet not without its rewards. In bringing it to a close, the hope is expressed that its shortcomings, be they what they may, will not materially lessen the worth of such a posses- sion as these ancient records of Watertown in printed form.
*ELLEN M. CRAFTS, BENNETT F. DAVENPORT, CHARLES F. FITZ, CHARLES F. MASON, EDWARD A. RAND,
Committee
of
Publication.
* Miss Crafts died March 14, 1893. She was, for twenty-five years, a faithful teacher in the public schools of Watertown, most of the time in the High School. She was at the time of her death, the Recording Secretary of the Historical Society.
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RECORDS
OF
TOWN PROCEEDINGS
FIRST AND SECOND
BOOKS
1630
E
72
ACE CO
This is to certify that I have carefully Compared with the original records of the town this printed copy thereof and it is a tries copy correctly made Fred. E. Pritchett Town Clark
March 24 1894 Personally appeared this whove named Fred E. Pritchett Clerk of the Town of Watertown and made with to The truth of The chore certificate before me Um. H. Ingraham Justier of the peace
(1834) irting Que
at the charge of the heating though father
by the Confor 1
units lay out 10
fetts that
[WATERTOWN RECORDS. First Book, Town Proceedings.]
[2]
Auguft 23, 1634. Agreed by the content of the Freemen, that there fhalbe Chofen three perfons to be [ ] the ordering of the civill affaires in the Towne One of them to ferve as Towne Clark, and fhall keep the Records and Acts of the Towne. The three chofen are William Jennifon,
Briam Pembleton, John Eddie.
Agreed that the Charge of the Meeting Houfe fhalbe gathered by a Rate iuftly levied vpon every man proportionably vnto his Eftate.
-embr 13. Agreed, by the Confent of the Freemen that Rob- ert Seeley and Abram Browne fhall meafure and lay out all the Lotts that are granted.
Agreed that no man fhall fell or cutt down any timber trees vpon the Common, without the content of Robert Seely and Abram Browne, and otherwife to pay to the Towne for every tree 5s.
January 3, 1635. Agreed that no man being foreigner [ ] coming out of England, or fome other Plantation, fhall haue liberty to fett downe amongft vs, vnles he firft have the Confent of the Freemen of the Towne.
[Feb. 21, 1635. Eds. ] Agreed by the freemen that whofo- ever hath a Lott in a generall Inclofure fhall fence it with the reft according to proportion, and if he fhall refufe, the Lott fhall returne to the Towne againe.
Agreed, that there fhalbe foure Rods in breadth on each fide of the River, and in length as far as needs fhall require laied to the vfe of the ware fo as it may not be preiudiciall to the water mill. Alfo One Hundred and fifty Acres of ground granted to the ware vpon the other fide of the River to be laied out in a convenient place.
Agreed that there fhalbe laied out to the vfe of the Water Mill Twenty Acres of ground neare to the Mill & foure Rod in breadth on either fide the water and in length as farre as need fhall require, fo it be not preiudiciall to the ware.
Agreed, that the towne Clarke fhall have fix pense for every Lott of land that he fhall Inroll in the towne Booke and bring the Party a note vnder his hand of the fituation of it.
[3] July 30. Agreed by the Content of the Freemen that two Hundred Acres of vpland nere to the Mill shalbe referved as moft convenient to make a Townefhip.
Augst. 22. Agreed that whofoever being an Inhabitant in the Towne fhall receive any perfon, or family vpon their propriety
2
Watertown Records.
that may prove chargeable to to the Towne fhall maintaine the faid perfons at their owne charges, or to fave the Towne harmeles.
Septembr. 23. Agreed that (whereas there is a dayly abufe in felling of Timber vpon the Common) whofoever fhall offend in felling any Trees wthout leave, fhall pay for every Tree cutt downe wthout order, 20$. to the vfe of the Towne.
-7. Agreed that all generall Levies henceforward, fhalbe raifed vpon what men inioy in Lands, & alfo vpon whatfoever men inioy in an Increafing Eftate.
Agreed that the charges of the new meeting houfe being a Rate of Solb. fhalbe levied as other generall Levies are for the Coun- try.
Agreed that there fhalbe fufficient fences kept in winter a well as in Summer in all generall inclofures where Englifh graine is fowen for the prefervation thereof, & whofoever is faulty after 3 dayes warning fhall pay 10s. to the vfe of the Towne.
[4] Novembr 14. Agreed that Daniel Pattrick : Brian Pem- bleton : Richard Bernard: Ephraim Child: Abram Browne ; Charles Chaddock, & John Reynolds fhall devide to every man his Propriety of Meddow, & vpland that is plowable, & the reft to lie common.
Agreed that John Warrin & Abram Browne fhall lay out all the Highwaies, & to fee that they be fufficiently repaired.
-embr 30. Agreed by the Confent of the Freemen that thefe II freemen fhall order all the Civill Affaires for the Towne for this yeare following, & to divide the Lands. Richard Browne, Abram Browne, William Jennifon, Edmund Sherman, Brian Pembleton, Ephraim Child, John Lovarin, John Warrin, John Batchilor, Charles Chaddock, John Eddie.
Agreed, by the Confent of the Freemen (in confideration there be too many Inhabitants in the Towne & the Towne thereby in danger to be ruinated) that no Foreainer comming into the Towne, or any Family arifing among our felves fhall have any benefitt either of Commonage, or Land vndivided but what they fhall purchafe, except that they buy a mans right wholly in the Towne.
-embr 14. Agreed that Abram Browne fhall lay out the Lots granted by the Freemen deputed to Order the Towne Affaires, & Robert Seely to succeafe to doe any more bufines for the Towne.
[5] 1636, Octobr 10. Agreed by the Confent of the Freemen thefe 11 Freemen fhall difpofe of all the Civill Affaires of the Towne for one whole yeare. Thomas Maihew, Robert Feke, Edward How, William Jenifon, John Loveran, Simon Eire, John Sherman, Brian Pembleton, Simon Stone, John Eddie, Abram Browne.
-9. Ordered that there fhalbe an Highway left fufficient at the hither end of all the great dividents or Lotts.
Ordered that if any trefpafe be done by great Cattle the fence fhalbe viewed, and if the fault be in the fence as two freemen fhall iudge then the owner thereof to pay the damage, but other-
there is formen Chefen to Give the cabil S off from for this yere to come thomas Mayhow, based Patrick John whitney Edward James; John firmin, John Stones, Bram Burow, wann Frais, Elas Gachist Ephraim Chic, Simon Eite
3
Watertown Records.
wife the owners of the Cattle are to pay as they fhall iudge it.
Ordered that if any Oxen or Steers be found from vnder con- mand to goe amongft the Cowes from the time that they goe out to graffe till the time they are houfed, it fhall be lawful for any man to drive them to pound, & the owner for every Oxe or Steere fhall pay for every time 5s. to the Towne.
-3. Agreed at a generall Towne Meeting that all charges arifing either for the Countries fervice or for the Towne fervice shalbe levied both of Freemen & Forrainers.
Ordered that whofoever fhall take any wood of the 40 Acres of ground granted to the Meeting Houfe wthout leave shall pay for every Cart load 105. & for every mans burthen Is.
-29. Ordered, that there fhalbe 8 dayes appointed every yeare for the repayring of the Highwaies and every man that is Souldier or watchman to come at his appointed time wth a wheel- barrow, mattock, fpade or fhovle, & for default hereof to pay for every day 5s. to the Towne, & a Cart for every day to pay 19s.
[6] Decembr. 30, 1637. Thefe II Freemen Chofen to Order the civill affaires of ye Town for this yeare to come. Thomas Mayhew, Daniel Pattrick, John Whitney, Edmund James, John Firmin, John Stowers, Abram Browne, Edmund Lewis, Edward Garfield, Ephraim Child, Simon Eire.
Ordered yt about every Common field there fhalbe a fufficient fence made up againft ye 1 of Aprill next by every perfon having ground in the faid field proportionably vpon every Acre, & for default hereof he fhall pay 4s. for every Rod vnfenced wthin 6 daies after to ye Towne.
Ordered, that there fhalbe an Highway betweene Ephraim Childs & Thomas Rogers ground lying in Dorchefter field lead- ing to ye flats, & all the waft ground except John Bernards two Acres to remaine common to ye vfe of the Towne.
[%] January 29, 1637. Ordered that if any Goats be found abroad wthout a Keeper after the 10 of March next, it fhalbe law- full for any man to drive them to Pound, & for every Goat the owner fhall pay to ye faid party 6d., & if they do any harme in any mans ground he fhall pay to the party damnified as 2 free- men fhall iudge.
February 16, 1637. Ordered by the body of the Freemen of Watertowne that the II men deputed this prefent yeare to order ye Townes civill affaires fhall have power to divide all the Towne land vndivided.
Ordered that there be no Land granted to any perfon butting vpon another mans Land before he have notice of it, that he fuftaine no damage by it.
February 26, 1637. Ordered that there fhalbe two Rod of hadland lying next to every mans particular meddow round about it, where it is not preiudiciall to the highwaies, or former grants.
March 26, 1638. Ordered, yt all ye Lotts both of Freemen and Forrainers fhalbe meafured & bounded by Abram Browne & they to bring in a note of every particular Lott to be inrolled in ye Towne booke.
4
Watertown Records.
Aprill 9, 1638. Ordered by ye body of ye Freeman yt ye II Freemen deputed this prefent yeare to order ye Civill affaires of ye Towne fhall have power to give out ye land vpon ye Town plott to feverall pfons according to their difcretions.
Aprill 23, 1638. Ordered that thofe Freemen of the Congre- gation fhall build & dwell vpon their Lotts at the Towne plott, & not to alienate them by felling or exchanging them to any for- rainer, but to Freemen of the Congregation, It being our reall intent to fitt down there clofe togither, & therefore thefe Lotts were granted to thofe Freemen yt inhabited moft reinote from ye meeting-houfe & dwell moft fcattered, (for want of a penalty fet this Order of no force. ) 1
Ordered that in meafuring out the remote meddows every man fhall take his choife according to his Lott. Abram Browne, & Thomas Bartlet are to meafure them according to their beft iudg- ments, or fome others (if they faile) by ye Townes appointment.
[8] May 21, 1638. Ordered yt all the Land not granted called Pequuffet Common bounded wth the great Dividents on the weft, wth Cambridge Line on the North, wth ye fmall Lotts on the Eaft & South, fhall remaine for a Common for the feed of Cat- tle to the vfe of ye Townefmen forever, & not to be alienated wthout ye confent of every Townefman. (This Order repealed at a Public Town meeting. ) 1
July 17, 1638. Ordered yt all thofe Freemen yt have no Lotts at ye Townefhip fhall have 12 Acres Lotts beyond Bever plaine, & all other Townefmen fhall have 6 Acre Lotts in ye faid place.
Ordered that all the Land lying beyond the Plowland, & the Lotts granted in liew of ye Townefhip, having ye great Dividents on the one fide, Charles River, & Dedham Bounds on the other fide & the Farmelands at the further end of it fhalbe for a Com- mon for Cattle to the vfe of the Freemen of the Towne, & their heires forever, & not to be alienated wthout the confent of every Freeman, & their heires forever. (This granted fince to the Farmes by the Freemen.)1
Octobr. 14, 1638. Ordered yt the Farmes granted fhall begin at the neereft meddow to Dedham line beyond the line that runneth at the end of ye great Dividents parralell to the line at the end of the Towne bounds, & fo to go on fucceffively from Dedham bounds in order as they are given out, as they wych are deputed to lay them out fhall fee good & appoint, the proportion of meddow being twenty Acres to one Hundred & Fifty Acres of vpland.
Ordered yt Daniel Pattrick, Abram Browne, John Stowers, Edmund Lewis, & Simon Eire or the maior part of them fhall lay out thefe Farmes as they are ordered.
Ordered yt in laying out the Plowland Abram Browne fhall have power to include any Swampe, Rock, or Pond in any par- ticular Lott as he fhall think meet not counting it into ye num- ber of Acres.
[9] Decembr 10, 1638. Thefe 11 Freemen chofen to order the civill Affaires of ye Towne for this yeare following, Thomas
(1) Written with darker ink, apparently at a later date. EDS.
5
Watertown Records.
Mayhew, Edward How, William Jennifon, Abram Browne, Robert Feke, John Coolige, Thomas Bartlet, Hugh Mafon, Richard Browne, Thomas Haftings, Simon Eire.
Ordered yt the Highway to ye little Plaine beyond the Mill fhalbe laid out as Edward How, William Jennifon, & Richard Browne have appointed it.
Ordered yt the Highway leading to Concord fhalbe 6 rod broad.
Ordered yt whofoever fhall kill a wolfe in the Towne fhall have for ye fame 5s.
March 30, 1639. Ordered yt when any Meddowes or vplands fhalbe laid out & meafured by the Surveior, yt warning fhalbe given to ye parties yt have propriety there, & if they faile in com- ming at ye appointed time it fhalbe lawfull for ye Surveior & two of them to lott & lay them out.
Ordered yt the two Faires at Watertowne ye one vpon the firft Friday of ye 4 moneth, ye other vpon the firft Friday of the 7 moneth, (fhalbe kept vpon the Trayning Place. ) 1
Novembr. 27, 1639. Ordered yt whofoever fhall dead any Trees vpon ye Commons or Highwaies wthin the bounds of ye Towne, fhall pay for every Tree fo killed 195. to ye vfe of ye Towne.
Ordered yt if the Land in view for Farmes fhall not suffice to accommodate the reft of the Townefmen that are behind that then they fhall haue their Farmes out of the Freemens Common vpon the fame Condition that the reft haue theirs.
[10] Novembr. 27, 1639. Ordered that the Highway appointed by the Towne to be laid out by Abram Browne from that highway wch leades from Dorchefter field to the flatts, & fo thorough the River fhall remaine to the vfe of the Towne for ever.
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