USA > Massachusetts > Hampden County > Brimfield > Historical celebration of the town of Brimfield, Hampden County, Mass > Part 3
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" The full region leads
New colonies forth, that toward the westering sun, Spread like a rapid flame among the autumnal leaves."
1714, June 10, the Brimfield Committee petitioned the General Court for an additional grant of land, three miles in width, on the eastern border. A committee was ap- pointed to go and examine. 1715, April 20, the com- mittee reported, and the petition was dismissed. 1719, December 5, the question came up again, and again was answered in the negative. But 1721, June 16, the ex- tension was granted. The original plan for the center of the town was abandoned. The location on Grout's hill was given up, and a different site chosen. What is now the Tower hill road, was at this time laid out for the town street. The reason assigned was that though within half a mile of the original limits eastward, it was consid- ered the best land in the township, a reputation that the Tower hill farms still maintain. From the meeting- house up over Hubbard's hill, as it was then called, north- ward to the present Prouty farm, a road was laid out, eight rods wide, double the usual width. The home lots of the first settlers, forty rods wide by one hundred and sixty deep, were located each side of this town street. But instead of a long, wide street, running north and south, like that of Charlton to-day, the present village of Brimfield is a collection of houses, mainly east of the meeting-house, in the nook lying between Sheep-pasture hill on the north, and Burt's hill on the east. For in the growth of the village, the shelter of these hills was pre- ferred to the breezy expanse of the Tower hill road.
24
HISTORICAL ADDRESS.
The committee to lay out the town found that among the hindrances, one of the greatest was the claim made to a large tract of land by the heirs of Governor Win- throp.
It appears from the Brimfield Committee's petition to the General Court, 1723, November 22, that the settle- ment of the town was hindered by the large extent and the uncertain tenure of the land claimed by the heirs of Judge and Major-General Waitstill Winthrop. This tract of land was known by the name of " the Winthrop Farm." It was only thirteen years after the landing of the Pil- grims, that John Oldham, in the month of September, 1633, (see Winthrop's life by Savage, Vol. 2, 213-261,) visited and described the plumbago, or black-lead mine, in what is now the south-west corner of the town of Sturbridge. Governor Winthrop received in 1644, No- vember 13, from the General Court, a grant of " the hill at Tantousque, about one hundred and sixty miles west from Boston, in which the black lead is, and liberty to pur- chase some land there of the Indians." A plan on file (Vol. 2, No. 109, Ancient Plans) in the State House at Boston, shows how irregular was the land, ten thousand two hundred and forty acres in all, as at that time laid out. Judge Wait Winthrop, who inherited this property from his father, died intestate. He left two children, John Winthrop of New London, Conn., and Ann, wife of Thomas Lechmere, Esq., of Boston.
The son was appointed administrator of the estate, 1718, February 21. He refused to give any inventory of the real estate, claiming that by English law it was en- tirely his own property. But Lechmere claimed that under the colonial laws, his wife was co-heir with her brother. He claimed in the Court of Probate, 1724, that his wife's title should be recognized. The Superior Court decided, 1725, September 28, that the real estate ought
25
THE WINTHROP FARM.
to be inventoried as well as the personal property; the rights of daughters as well as of sons being recognized by the colonial laws in regard to inheritance. The former letters of administration were vacated, and new letters granted to Lechmere, 1726, March 22. Winthrop ap- pealed to the Privy Council in England. 1728, February 15, the council decided that the action of the Superior Court, and the provisions of the Colonial laws, were null and void, being contrary to the laws of England. (Conn. Col. Records, Vol. 7.)
This decision caused great commotion. Jonathan Bel- cher, Esq., afterwards governor of Massachusetts, was ap- pointed a special agent to secure the repeal of this action of the council, since, if not repealed, it would have thrown into confusion many estates, that had been settled in ac- cordance with the Colonial laws. The Connecticut charter did not require the assent of the king to make their legis- lation valid, but this was a stipulation in the charter of Massachusetts. A case having arisen in Massachusetts, and appeal being made to the king, it was found that the Massachusetts law, similar to the Connecticut in its pro- visions, had been duly approved by the king. (Mass. Ilist. Soc. Proceedings, 1860-62, p. 169.) Therefore, the decision of the council in the Winthrop case was of no effect against a former decision. This precedent gave validity to the Colonial laws. Intestate estates continued to be settled as before.
The petition of the Brimfield Committee for a reform of the survey was refused by the General Court. But in 1727. January 5. it was renewed, accompanied by a peti- tion from Thomas Lechmere, January 12. A Committee of Inquiry was appointed, who reported in favor of a new survey. This was ordered by the General Court, and the committee appointed for this purpose reported a new survey, which was accepted, 1728, December 18.
26
HISTORICAL ADDRESS.
This made the colony line the southern boundary of the Winthrop farm ; the western boundary fell one mile and a half within the Brimfield township lines. The whole line, east and west, was four miles in length, and the tract was also four miles in extent from north to south .*
When the town of Brimfield, after Monson had been taken off on the west, was again divided, the northern boundary line of South Brimfield was a continuation westwardly of the northern line of the Winthrop farm.
Another Farm, as these tracts of wild land were called, granted to individuals by the General Court, was in the north-east corner of the township. In 1655, September 27, Rev. John Eliot, commonly known as " the Apostle to the Indians," bought one thousand acres of land near Quaboag of two Indians, Wattatooweelin or Wattawoo- lekin, and Nokan or Nakin. He died 1690, May 20. Twenty-four years after his death, on petition of his grandson, John Eliot, (probably the Eliot who is said by Savage, in his Genealogical Dictionary, to have been a prominent man at Windsor, Conn.,) the General Court confirmed his title, and accepted, 1715, December 9, the plan presented by the surveyors appointed to plat it in regular form. This survey (Vol. 1, No. 285, at the State House) locates the farm at Pookookuppog Ponds. The land, according to the language of the grant, was "at a
* In Worcester County records, Vol. 29, p. 195, is a deed by Lechmere, of his wife's portion of this tract, three thousand four hundred and thirty-seven and one- third acres to his children, Thomas of Boston, Nicholas of New Haven, Richard of Salem, Lucy, who married Samuel Solly of Portsmouth, N. HI , and Margaret, who married Jonathan Simpson of Boston. This deed is dated 1735, October 22. In June, 1774, W. Chandler divided the property into twenty-four lots of varying size. 1757, November 8, ( Worcester Reg., 41 : 161,) the heirs divided these lots by num- bers given among themselves; the oldest son taking one-third, the others each one-sixth of the estate. Joseph Belknap of Brimfield, formerly of Woodstock, bought one-sixth of an undivided portion, 1759, July 13, (W. R., 38 : 349,) and Humphrey Crane of Brimfield, (W. R., 44 : 114,) bought the remainder. 1759, De- cember 4. James Frissell, (W. R., 83 : 114.) Michael Sanders, (W. R., 83 : 240,) Eli Town, (W. R, 83 : 127,) James Johnson, Jr., Simeon Allen, Aaron Allen, Jr., and Samuel Hammond of Sturbridge, purchased other portions.
27
THIE TUFTS FARM.
place called the Alum ponds, in the wilderness, west of Brookfield."" The name " Alum" is not the English word alum, and has, therefore, no reference to the chemical effeet of alum in giving clearness to water. Three ren- egade Narragansett Indians, Allumps, Massashowell, and Aguntus, are said to have exercised authority over the Nipmuck Indians in this region, who owed a quasi allegiance to Uncas as the nominal head of the tribes east of the Connecticut river. Roger Williams, in his key to the language of the New England Indian tribes, says that Allum was the Nipmuck word for dog. In the Narragan- sett dialect, this was modified into Ayim. This name ap- pears under another change as Hyems, alias James.
Still another " farm," not now in the limits of the town, was " the Tufts farm." The name still survives in Tufts' meadow, and Tufts' brook, in what is now the south-western part of Warren. 1665, April 29, after a report from Capt. John Pierce of London, of his safe ar- rival in London with a ship load of masts, which the Colonial Government had sent as a present to the king for the royal navy, the General Court, as " a manifest- ation of the country's thankful acknowledgment of the good service done," voted to Captain Pierce a grant of six hundred acres of land. At the State House, in Vol. 1. p. 89, of " Ancient Plans and Surveys," is a return made to the General Court of this land, as surveyed by John Flint, 1670. October 6, for Peter Tufts of Charles-
* Two hundred acres of the Eliot farm fell within Brimfield lines, when the eastern boundary was extended three miles beyond the original. Though this Eliot farm was granted by the General Court in 1715, it does not appear that it was occupied till many years after. The first sale of the property, of which I have found any record, ( Worcester Registry, Vol. 32, p. 7,) was in 1752, April 18, when John Eliot, of New Haven, sold to Elijah Allen, of Medfield, one-third of this one thousand acre grant. Five years later, 1757, February 15, Rev. Jared Eliot, Aaron Eliot, Joseph Eliot, of Killingsworth, ( Worcester Registry, Vol. 55, p. 117,) sold to Nehemiah Allen, of Sturbridge, another part of this grant. Still another part re- mained in the possession of the descendants of John Eliot, as late as 1501, when it was sold to Elijah Allen of Brimfield, father of Sanders Allen.
28
HISTORICAL ADDRESS.
town. Mr. Tufts had purchased of his brother-in-law. Captain Pierce, the title to the grant, and located it. in the language of the survey, "south-west, about five or six miles distant from Quaboag. upon the road to Spring- field." It appears from the Springfield Registry, that in 1669. June 29, Peter Tufts deeded this land to his sons, Thomas, of Medford. and John, of Newbury, to be di- vided equally. 1723. September 27, Thomas sold to his brother John, his half " three hundred acres, supposed to be in the township of Brimfield." It is a descendant of this family who has given his name to Tufts College. Somerville.
A smaller grant ought also to be mentioned. from its connection with the early history of the town. The General Court. (see Mass. Col. Rec., Vol. 1, Pt. ], p. 319.) 1657, October 23, granted to Richard Fellows, " two hun - dred acres of upland and meadow, to be laid out to him at Checcopey river." He was to "build a house there for the entertainment of travelers, both for howse roome for horse and man, and some lodging and provision for both, with beere, wine, and strong liequors." He built a tavern, but did not reside there more than two years. From the fact that some farm implements, apparently buried for security, were dug up there some years ago, it has been supposed that fear of the Indians compelled him to abandon the place. More than seventy years after- wards, it appears from the Manuscript Records of the General Court, (Vol. 14. p. 277.) 1729. August 28. Edward Hutchinson, Esq., and Mrs. Mary Wolcot, widow of Josiah Wolcot, Esq., deceased. petitioned that this land might be re-surveyed and their title confirmed to it. They allege that their grandfather. Mr. Thomas Clark, pur- chased of Richard Fellows these two hundred acres, but " the lines of the said grant, by length of time. are grown obscure and uncertain." A new survey was ordered,
29
THE COMMITTEE OF 1723.
made 1730. June, and confirmed by the General Court, 1733. June 22. In the Springfield Registry (L. 302) is the plan of this grant, an irregular piece of as good meadow land as could be selected. south of the river, the southern line passing through the site of Fellows' old chimney.
So slow was the progress made in the settlement of the town, that in 1723, June 12. the General Court appointed a new committee : Hon. John Chandler, Henry Dwight, Esq., and Mr. Joseph Jennings.
This committee, in 1730, October 1, made a report in favor of annulling almost entirely the former commit- tee's grants, and making an entirely new allotment of the land.
1731. February 16, the inhabitants addressed a memo- rial to the General Court, deprecating this summary way of depriving them of their lands. "In their humble opinion, ye General Court did not annul ye acts and grants of the former committee, but only determine the Power of sª Committee for the future, nor did the last Commit- tee Ever receive any Power to vacate or abridge the former Committee's Grants."
1731, February 22. it was voted by the General Court, and consented to by the royal governor, that the prayer of this petition be so far granted, as that a copy of this petition be served on some of the principal inhabitants, and that they be cited to appear at the next session of the General Court, and show cause why the report of the second committee should not be adopted. In the mean- while, the inhabitants were authorized to exercise all the privileges of a town, but were restrained from passing any acts affecting the rights of property. Capt. John Sherman, " a principal inhabitant," was authorized to ·· Notifye and Warn " the freeholders to assemble at some public place during the succeeding March, for the choice
30
HISTORICAL ADDRESS.
of town officers. The date given above is properly the date of the incorporation of the town. It will be noticed that it is the same day on which George Washington was born. Under this authority the town effected a political organization, 1731, March 16.
1731, June 18, the General Court settled the conflict- ing titles to the town lands, by confirming to the occu- pants the grants made by the first committee, declaring the claims of some non-residents to be void, and for spe- cial services, making special grants to individuals. Full rights were granted to sons of several of the proprietors. The General Court also confirmed the titles of several non-residents. It was further ordered, that the whole of the remaining lands should belong to certain grantees, eighty-four in number, specified in the act, the lands to be proportionately divided among them. Lastly, the General Court enacted that the inhabitants of the town should have and enjoy all the privileges and immunities of other towns in the province.
One of the conditions of the original grant of 1701 was that " no one Person that may have the Greatest Estate, shall have more than one hundred and twenty acres of all sorts of lands." The grantees named met, 1731, No- vember 1, and organized by the choice of John Sherman as proprietors' clerk. After the one hundred and twenty acres of first grant land had been selected, surveyed, as- signed, and recorded to each of the eighty-four grantees, some home-lots, some plain lots, some meadow land, hither and yon, all over the township, the proprietors, 1732, April 11, allotted more of the commons or undi- vided land. Seventy-four were entitled to an equal full share in this division; ten others, by the terms of the General Court's enactment, were to receive each only half as much. The first allotment was one hundred and twenty acres to each proprietor as a full share. Each
31
PROPRIETORS' RIGIITS AND ALLOTMENTS.
drew a number which fixed his order in the division of the land. After the first allotment had been completed, a second of like quantity followed immediately, but in re- verse order. There were six such double divisions before the land was all allotted; 1736, sixty acres; 1744, sixty ; 1758, one hundred; 1775, twenty-eight; 1781, twenty- eight. The total quantity of land thus distributed was forty thousand nine hundred and sixty-four acres. Other grants, specified in the act of incorporation, or obtained directly from the General Court, probably more than filled out the amount of acreage in the township. The grand total, if the town was eight miles wide by eleven miles long. would be fifty-six thousand three hundred and twenty acres. Some unclaimed land was taken up on proprietors' rights, as late as 1837. Some pieces of land are held now by no other right than that of undisputed possession for a series of years.
The first settlers of Brimfield came mostly from Spring- field, and their names appear on the Springfield records as holding various offices. John Atchinson was hog- reeve, William Warriner and Nathaniel Hitchcock high- way-surveyors, Samuel Keep fence-viewer.
At the first town meeting in Brimfield, held 1731, March 16, five selectmen were chosen. This number was probably fixed upon, because such was the custom in Springfield. Robert Moulton was the moderator of the first town meeting. He was also chosen town clerk and first selectman. But at the second annual meeting, John Sherman was chosen town clerk. He continued to serve in this office, by annual vote of the town, till 1761, thirty consecutive years. He had rare qualifications for such a position, and the town records are as easily read to-day as when first written, so methodically compact and beau- tifully clear, is his writing. He was the grammar school teacher in Springfield from 1702 to 1716, when he be-
32
HISTORICAL ADDRESS.
came a doctor of medicine. He sold his place in Spring- field, on Garden brook, to Pelatiah Bliss, in 1721, which was probably about the time that he removed to Brimfield. Ile was the ancestor of all the Sherman families of Brim- field. Mr. Elijah T. Sherman, living now on the spot selected for a home by John Sherman, has in his posses- sion the account book and mortar of his worthy an- cestor.
The ingrained reverence of the people for established forms, is indicated by the fact that the committee sent to Boston, 1731, to secure from the General Court a full and regular incorporation, were instructed to purchase a law book and a town book. It speaks well for the book- makers, that after seventy years' use, 1731-1800, this book, still in its original binding, is in such good condi- tion. Few towns can show town records more carefully preserved, systematically and accurately kept, town busi- ness more snugly and faithfully transacted, than Brim- field. Rotation in office has not been the fashion. Our present town clerk, Henry F. Brown, Esq , has served eighteen years; A. L. Converse, town treasurer, has had charge of the finances twenty-nine years, continuously ; S. W. Brown has been moderator of town meetings for sixteen years.
Town meetings were at first notified or warned by per- sonal notice to every voter. It was the duty of the con- stable to attend to this, and it was no sinecure office to ride through the town on this errand. There were as many constables chosen as there were military compa- nies, each constable notifying his district, corresponding to the division of the town into militia companies. In 1751, the town voted that meetings should in future be warned by posting written notices at the tavern on the town plot, and the two grist mills in the south and west parts; in 1761, the warrant required notices to be posted
33
TOWN MEETINGS.
"at the several grist mills and the several Public Houses of Entertainment." In 1767, the notice was required to be posted only on the post provided for the purpose near the meeting-house, similar to the usual requirement now, seven day's before the time of meeting.
Town meetings were at first notified " in His Majestie's Name." The last one thus warned was held March 12, 1776. For other meetings in that year no authority is specified. The meetings next year were called " in the Name of the Government and People of the Massachu- setts Bay," " in the name of the State of the Province of the Massachusetts [Bay] in New England," " in the Name of the People and Government of the State of Massachu- setts Bay." The colony and province had been known so long by this name, that it was difficult to give up the familiar phrase, " Massachusetts Bay," and it still survives in the sobriquet, " the old Bay State." The present phraseology, "in the name of the Commonwealth of Massachusetts," first occurs March 10, 1783. Previous to the meeting in May, 1776, the date given is not only " the year of our Lord," but the particular " year of His Majestie's reign, Annoque Domini." The County of Hampshire, S. S., is first designated, 1747, March 6; the place of the seal, L. S., September 2, 1757. Once only, October 25, 1757, has a town meeting been called on a warrant from a justice of the peace. This was because of the refusal by the selectmen of a petition for a meet- ing by twenty-four men, who willfully misapprehended the terms of a vote in regard to Rev. Mr. Bridgham's salary. Of late, town meetings have been seldom the scenes of such warm discussions, as in former years. They would, perhaps, be called tame and spiritless af- fairs by some of the old war-horses of former days. There is no need now of enacting such rules of order as in 1806, when the meeting-house was new. that no 5
31
IHISTORICAL ADDRESS.
one should get on top of the pews, or go up into the pulpit.
The qualifications for voting in town affairs have been changed by legislative enactment, from time to time. At first voters were to be at least twenty-four years old, and to have CSO estate. The qualifications for voting for representative are thus specified in the warrant, 1744 : "an estate of freehold in land of 40s. per annum, at least, or other estate to the value of £50 sterling." There were not enough voters in 1732 qualified to choose a representative.
The civil authorities in the early period of colonial his- tory, legislated on almost every matter of public interest. They intermeddled to a great extent, also, in private af- fairs. But more sensible ideas and practices prevailed at the time Brimfield was incorporated. There was a great multiplicity of petty offices. Tithing-men were chosen as late as 1843. This name dates back to the reign of Alfred. Then men most venerable for conduct and for years, were chosen to superintend the morals and man- ners of their neighborhood. A tithing, or ten families, were assigned to each one. But their chief business was to keep order in church. In the fulfillment of their duties they often made more disturbance, than did the unruly boys whom they sought to discipline. This was very likely to happen when the tithing-man would drag a boy by the coat collar over the backs of two or three seats, and set him down with a thump on the steps in the gallery aisles.
The exigencies of local legislation and the lack of gen- eral laws, often required that special services of a public nature, should be assigned to responsible persons. In 1736, Peter Haynes was appointed sealer of leather, and such an official was thereafter annually appointed. 1738, Henry Burt was chosen sealer of weights and measures.
35
TOWN OFFICERS AND OFFICIALS.
It is no longer an elective office, but filled by appoint- men from the selectmen. 1793, appears the office of "Culler of shingles and staves;" 1771, the office of " Packer of Beef and Pork," gives indication of increased attention to raising cattle for market, and increased sales of what are now technically called " Provisions." 1823, the first " field-drivers" were elected, supplanting the old "haywards." Gradually, with that grim humor which characterizes . the Anglo Saxon race, it has come to be considered a neat thing to choose to this office the newly married men.
In 1765, there was an effort made to prevent, by addi- tional legislation. an increasing desecration of the Sab- bath, and " wardens" were chosen for this special duty. In 1815, there was a general movement throughout the State to secure a better observance of the Sabbath. Moral Reform Societies were established. The town passed a special resolve in regard to enforcing a stricter Sabbath observance, 1815, March 13.
1763, January 24, in pursuance of an article in the warrant " to settle a box for jurors," the town voted to accept the names offered by the selectmen. So long as trial by jury is one of the established institutions of our American society, it is very essential that the persons from whom a jury is chosen, should be men of good na- tive powers of judgment.
The office of constable seems to have been as undesira- ble to our New England ancestry as the office of publican was among the Jews. It was one of the constable's du- ties to notify every voter personally of every town meet- ing. Not until 1751 was this changed to posting written notices at certain specified places. The constables were, at first, not only charged with the duty of collecting the several rates or taxes, but they were personally liable for the amount of the tax bill, unless any one's taxes were
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