USA > Massachusetts > Middlesex County > Cambridge > History of Cambridge, Massachusetts. 1630-1877. With a genealogical register > Part 11
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alent to an act of incorporation, is on file in the office of the clerk of the Judicial Courts in Middlesex County : -
" At a Council held at the Council Chamber in Boston on Wednesday the eleventh day of January, 1687 ; Present,
" His Excy. Sr. Edmund Andros, Kt., &c.
" William Stoughton, John Uslier,
Robert Mason, Esqs.
Edward Randolph, Esqs.
Peter Buckley,
Wait Winthrop,
Francis Nicholson,
" Upon reading this day in Council the petition of the inhabi- tants of Cambridge Village in the County of Middlesex, being sixty families or upwards, that they may be a village and place distinct of themselves and freed from the town of Cambridge to which at the first settlement they were annexed ; they being in every respect capable thereof, and by the late authority made distinct in all things saving paying towards their school and other town charges, for which they are still rated as a part of that town ; and also the answer of the town of Cambridge there- to ; and hearing what could be alleged on either part, and mature consideration had thereupon ; those who appeared on the behalf of the town of Cambridge being contented that the said Village be wholly separated from them as desired, and praying that they may be ordered to contribute towards the maintenance of Cam- bridge Bridge, and that other provision be made as formerly usual to ease the town therein : - Ordered, that the said village from henceforth be and is hereby declared a distinct village and place of itself, wholly freed and separated from the town of Cambridge, and from all future rates, payments, or duties to them whatso- ever. And that, for the time to come, the charge of keeping, amending, and repairing the said bridge, called Cambridge Bridge, shall be defrayed and borne as followeth (that is to say), two sixth parts thereof by the town of Cambridge, one sixth part by the said Village, and three sixth parts at the public charge of the County of Middlesex.
" By order in Council, &c. JOHN WEST, DY. Secy.
" This is a true copy, taken out of the original, 4th day of Decem. 88.
" As attests,
LAUR. HAMMOND, Cler."
There remains no reasonable doubt, that " Newtown," which received its name December, 1691, was "separated from the
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HISTORY OF CAMBRIDGE.
town of Cambridge," and was declared to be " a distinct village and place of itself," or, in other words, was incorporated as a town, by the order passed Jan. 11, 1687, old style, or Jan. 11, 1688, according to the present style of reckoning.1
A few matters of less public nature, belonging to this period, should not be entirely overlooked. I quote from the Town Records.
Dec. 14, 1657. " Liberty is granted unto Mr. Stedman, Mr. Angier, &c., the owners of the Ketch Triall, to fell some timber on the common for a ware-house."
Nov. 14, 1670. " Granted to the owners of the Ketches that are to [be] builded in the town liberty to fell timber upon the common for the building of the said Ketches."
By the County Court Records, it appears that in April, 1672, Daniel Gookin, Walter Hastings, and Samuel Champney, recov- ered ten pounds damage and costs of court, against William Carr for the unworkmanlike finishing of two ketches, or vessels, of thirty-five tous and twenty-eight tons. Among the papers in this case, remaining on file, is a deposition, to wit : " John Jackson, aged about 25 years, testifieth that, being hired to work upon the two vessels (whereof William Carr was master-builder) in Cambridge, I wrought upon the said vessels about four months in the winter 1670," etc. Sworn April 2, 1672. These were probably the vessels mentioned in the Town Order, Nov. 14, 1670. They were small in size ; but it appears from Randolph's narrative,2 written in 1676, that more than two thirds of all the vessels then owned in Massachusetts ranged from six tons to fifty tons.
Feb. 18, 1658. The Town voted, "That the Great Swamp lying within the bounds of this town, on the east side of Fresh Pond meadow and Winottomie Brook, shall be divided into par- ticular allotments and propriety."
March 23, 1662-3. " Ordered, that if any man be convicted that his dog is used to pull off the tails of any beasts, and do not
1 The orders in council are dated Jan.
was in 1688; and (2) King Charles II., 1687; but that this was in the Old died Feb. 6, 1684-5, and consequently the Style, calling March 25th the first day third year of the reign of James II. did not commence until Feb. 6, 1686-7, and the only January in that " third year" was in 1687-8, that is, in 1688, by the pres- ent style of reckoning. of the year, and thus equivalent to Jan. 1688, commencing the year, as we now do with the first day of January, is certain, because (1) according to the present style, Wednesday was not the 2 Hutchinson's Coll. Papers, 496. eleventh day of January in 1687, but it
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effectually restrain him, he shall pay for every offence of that kind twenty shillings, in case that further complaint be made."
Feb. 13, 1664-5. " The Constables are ordered to allow Justinian Holden ten shillings towards a wolf, killed partly in Watertowne and partly in this."
May 8, 1671. " Granted to William Barrit and Nathaniell Hancock, to dig a sluice, to drain the pond by their houses, in the town's land, provided they secure it from doing damage as soon as may be : and in case the Townsinen see reason for it, they are to stop it up again." This pond was on the easterly side of Dunster Street, about midway between Mount Auburn and Harvard Streets.
May 29, 1671. A committee was appointed " to make a cov- enant with Phillip Jones, or any other able person, to make a sufficient fence of stone of four foot high, - between Watertowne bounds and ours," as far as to Rocky Meadow; with gates to the highways from Concord to Watertown and from Cambridge to Watertown.
Feb. 14, 1675-6. " William Maning, and Nathaniell Han- cocke, and John Jackson, and John Gove, are appointed by the Selectmen, to have inspection into families, that there be no bye drinking, or any misdemeanour, whereby sin is committed, and persons from their houses unseasonably."
" The selectmen of Cambridge plaintiffs against Capt. Law- rence Hammond and John Cutler, jun., defendants, do humbly declare as followeth, &c. In the year 1634 the General Court granted them liberty to erect a ware upon Minottomy River, and they accordingly so did, and have had quiet possession of the same from that time until now, without any disturbance of their neighbors of Charlestown or any other ; and hath been in a man- ner the stay and support of the town by fishing their Indian corn, which is the principal part of their husbandry and livelihood. But this last spring the defendants, to the great damage of the plaintiffs, have interrupted their fishing by crossing said River below the wares granted to Cambridge by the Court, whereby the grant of the Court is made null and void, and they are put out of the possession of that which they have peaceably enjoyed forty-six years, contrary to law and equity. And after that the plaintiffs had obtained a writ of nuisance to bring the case to a legal trial, the defendants have both violently and contemptu- ously proceeded to obstruct the passage of the fish to the wares, which they so long possessed as above said, to their great damage
7
.
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and loss of two hundred thousand fish, which we judge will be a hundred pounds damage to the town in their crop, and tending to the inevitable impoverishing of divers poor families. The jus- tice of this honored Court for their relief from this great wrong done them by the defendants is the favor they beg.
" JOHN COOPER. WILLIAM MANNING. WALTER HASTING. FFR. MOORE."
The jury rendered a special verdict : "If the General Court's grant to Cambridge-for the erecting a ware in Menottimyes River, within their own bounds, be a legal and perpetual title, they find for the plaintiffs five pounds and costs of Court; if not, for the defendants, costs of court." The Court considered the title good. This case is entered in the County Court Records, under date of June 21, 1681, and the papers are on file. The practice of " fishing their Indian corn " was long ago abandoned by cultivators in Cambridge; but the privilege of taking fish in Menotomy River remains valuable. It has been subject to occa- sional controversies and litigations since 1681, in all which Cam- bridge has preserved the rights originally granted ; and to the present day " Fish Officers " are annually appointed by the City Council, to take care that those rights suffer no infringement.
CHAPTER IX.
CIVIL HISTORY.
ON the 17th day of May, 1686, Joseph Dudley and his asso- ciates communicated to the General Court a copy of the King's commission authorizing them to assume the government of the Colony. The Court replied, under date of May 20, 1686, ad- dressed, " These for Joseph Dudley, Esq. and the rest of the gentlemen named in his Majesties commission," as follows :-
" Gent": We have perused what you left with us as a true coppy of his majesties commission, shewed to us the 17th instant, impowring you for the governing of his majesties subjects inhab- itting this colony and other places therein mentioned. You then applied yourselves to us, not as a Governor and Company, but (as you were pleased to terme us) some of the principall gentle- men and cheife of the inhabitants of the severall townes of the Massachusetts, amongst other discourse saying it concerned us to consider what there might be thought hard and uneasy. 1. Upon perusall whereof wee finde, as wee conceive, first, that there is no certaine determinate rule for your administration of justice, and that which is seemes to be too arbitrary. 2. That the subjects are abridged of their liberty as Englishmen, both in the matter of legislation and in the laying of taxes, and indeed the whole un- questioned priviledge of the subject transferred upon yourselves, there being not the least mention of an assembly in the commis- sion. And therefore wee thinke it highly concernes you to con- sider whither such a commission be safe, either for you or us : but if you are so satisfied therein as that you hold yourselves obleidged thereby, and do take upon you the government of this people, although wee cannot give our assent thereto, yet hope shall demeane ourselves as true and loyall subjects to his Majesty, and humbly make our addresses unto God, and, in due time, to our gracious prince, for our releife. Past by the whole Court, nemine contradicentes. By order,
"EDWARD RAWSON, Secretary."
1 Mass. Col. Rec., v. 515, 516.
1
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HISTORY OF CAMBRIDGE.
Dudley was superseded in the government by Sir Edmund Andros, who "landed at Boston Dec. 20, 1686, and his commis- sion was published the same day." 1 During his administration, the people were in a condition little better than slavery. In the " Massachusetts Archives " 2 is a statement by Thomas Danforth, that, " Our rulers are those that hate us and the churches of Christ and his servants in the ministry ; they are their daily scorn, taunt, and reproach ; and yet are we, our lives, and liber- ties, civil and ecclesiastical, in their hands, to do with us as they please ; some of the chief of them have said, - no better than slaves, only they had not power to sell us for slaves. We are deprived of privileges of Englishmen, of the benefit of the great Charter of our nation ; our lands and possessions seized and granted to strangers, contrary to the Stat. Car. I. Cap. 10, and contrary to the assurance given to his Majesty's subjects here, by the declaration of his late Majesty and of his present Majesty, copies whereof I herewith send you."
A tract was published at London, in 1689, entitled " A Sixth Collection of Papers relating to the present juncture of affairs in England." The tenth and last paper in the collection is " A narrative of the miseries of New England, by reason of an Ar- bitrary Government erected there." It was evidently prepared by a person well acquainted with the facts, perhaps by Increase Mather, who was at that time in London. The case is so well stated that I shall quote freely : -
" Before these changes happened, New England was of all the foreign plantations (their enemies themselves being judges) the most flourishing and desirable. But their Charters being all (one way or other) declared to be void and insignificant, it was an easy matter to erect a French Government in that part of the King's dominions, (no doubt intended by the evil counsellors) as a speci- men of what was designed to be here in England as soon as the times would bear it. Accordingly Sir Edmond Andross (a Gernsey man) was pitched on as a fit instrument to be made use of ; and a most illegal commission given him, bearing date June 3, 1686, by which he, with four of his Council (perhaps all of them his absolute devotees) are empowered to make laws, and raise moneys on the King's subjects without any Parliament, Assembly, or consent of the people. . . . . Laws are made by a few of them, and indeed what they please : nor are they printed, as was the custom in the former governments, so that the people
1 Hutchinson's Hist. Mass., i. 353. 2 Mass. Arch., cxxviii. 142, 143.
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are at a great loss to know what is law, and what not. Only one law they are sensible of, which doth prohibit all Town-meetings, excepting on a certain day once a year : whereas the inhabitants have occasion to meet once a month, sometimes every week, for relief of the poor, or other Town-affairs. But it is easy to pene- trate into the design of this law, which was (no question) to keep them in every town from complaining to England of the op- pression they are under. And as laws have been established so moneys have been raised by the government in a most illegal and arbitrary way, without any consent of the people." 1 "Several gentlemen in the country were imprisoned and bound to their good behavior, upon mere suspicion that they did encourage their neighbors not to comply with these arbitrary proceedings, and that so they might be sure to effect their pernicious designs, they have caused juries to be picked of men who are not of the vicin- ity, and some of them mere strangers in the country and no free- holders, which actings are highly illegal. One of the former magistrates was committed to prison without any crimes laid to his charge, and there kept half a year without any fault; and though he petitioned for a Habeas Corpus, it was denied him. Also inferior officers have extorted what fees they please to de- mand, contrary to all rules of reason and justice. They make poor widows and fatherless pay 50s. for the probate of a will, which under the former easy government would not have been a tenth part so much. Six persons, who had been illegally impris- oned, were forced to give the officers 117l., whereas upon compu- tation they found that here in England their fees would not have amounted to 10l. in all. And yet these things (thoughi bad enoughi) are but a very small part of the misery which that poor people have been groaning under, since they have been governed by a despotic and absolute power. For their new masters tell them that, their Charter being gone, their title to their lands and estates is gone therewith, and that all is the King's; and that they represent the King ; and that therefore all persons must take patents from them, and give what they see meet to impose, that so they may enjoy the houses which their own hands have built, and the lands which, at vast charges in subduing a wilderness, they have for many years had a rightful possession of as ever any people in the world had or can have."2 "These were the mis- erable effects of New England's being deprived of their Charters,
1 The case of Ipswich is related.
2 Seizures of land in Charlestown and Plymouth are specified.
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HISTORY OF CAMBRIDGE.
and with them of their English liberties. They have not been altogether negligent, as to endeavors to obtain some relief in their sorrowful bondage ; for several gentlemen desired Increase Ma- ther, the Rector of the College at Cambridge in New England, to undertake a voyage for England, to see what might be done for his distressed country, which motion he complied with; and in June the 1st, 1688, he had the favor to wait on the King, and privately to acquaint him with the enslaved and perishing estate of his subjects in New England. The King was very gracions and kind in his expressions ; then and often after promising to give them ease as to their complaints and fears. Amongst other things tlie said Mather caused a petition from the town of Cam- bridge in New England to be humbly presented to his Majesty ; which, because it doth express the deplorable condition of that people, it shall be here inserted.
" To the King's most excellent Majesty.
" The petition and address of John Gibson, aged about 87, and George Willow, aged about 86 years ; as also on behalf of their neighbors the inhabitants of Cambridge in New England, in most humble wise sheweth :
" That your Majesty's good subjects, with much hard labor and great disbursements, have subdued a wilderness, built our houses, and planted orchards, being encouraged by our indubita- ble right to the soil by the Royal Charter granted unto the first planters, together with our purchase of the Natives : as also by sundry letters and declarations sent to the late Governor and Company from his late Majesty, your royal Brother, assuring us of the full enjoyment of our properties and possessions, as is more especially contained in the declaration sent when the Quo Warranto was issued out against our Charter.
" But we are necessitated to make this our moan and com- plaint to your excellent Majesty, for that our title is now ques- tioned to our lands, by us quietly possessed for near sixty years, and without which we cannot subsist. Our humble address to our governor, Sir Edmond Andross, shewing our just title, long and peaceable possession, together with our claim of the benefit of your Majesty's letters and declarations, assuring all your good subjects that they shall not be molested in their properties and possessions, not availing.
" Royal Sir, we are a poor people, and have no way to pro- cure money to defend our cause in the law ; nor know we of friends at Court ; and therefore nnto your royal Majesty, as the
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public Father of all your subjects, do we make this our humble address for relief, beseeching your Majesty graciously to pass your royal Act for the confirmation of your Majesty's subjects here in our possessions to us derived from our late Governor and Company of this your Majesty's Colony. We now humbly cast ourselves and distressed condition of our wives and children at your Majesty's feet, and conclude with the saying of Queen Esther, - If we perish, we perish."
In the Massachusetts Archives 1 is a manuscript by Thomas Danfortlı, so nearly identical with this petition that it may prop- erly be regarded as its first draught. It is highly probable that Danforth prepared it, and sent it to Mather, who made a few verbal alterations before presenting it to the king. It seems to have been written in 1688, while Randolph was endeavoring to obtain possession of seven hundred acres of land near Spy Pond. This was one of his many attempts, of a similar kind, to enrich himself at the public expense. Besides asking for free grants in divers other places, he " petitioned for half an acre of land, to be taken out of the common in Boston, for a house lot." 2 Several documents relating to the Cambridge case are here inserted, as a specimen of the wrongs and indignities to which the inhab- itants were subjected under the arbitrary government of Sir Edmund Andros. Other communities suffered like evils ; and other persons were only less rapacious than Edward Randolph.
" At a Council held at the Council Chamber in Boston on Wednesday the nine and twentieth of February, 1687. Present, " His Excellency Sir Edmund Andros, Knt., &c.
" Joseph Dudley, John Green, John Winthrop, Esqrs. Wait Winthrop, Edward Randolph, Esqrs. ffrancis Nicholson, Samuell Shrimpton, John Usher,
" Upon reading this day in Council the petition of Edward Randolph Esq., praying his Majesty's grant of a certain tract of vacant and unappropriated land, containing about seven hundred acres, lying between Spy Pond and Saunders Brook, near Water- town in the County of Middlesex, - Ordered, That the Sheriff of said County do forthwith after receipt hereof, give public notice both in Cambridge and Watertown, that if any person or persons have any claim or pretence to the said land, that they appear before his Excellency the Governor in Council, on
1 Mass. Arch., cxxviii. 300. 2 Hutchinson's Hist. Mass., i. 360.
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HISTORY OF CAMBRIDGE.
Wednesday the 7th of March next, then and there to show fortlı the same, and why the said land may not be granted to the petitioner as desired ; of which he is not to fail, and to make due return. By order in Couneil, &e.
" JOHN WEST. D. Secy."
" Per virtue of this order, notiee is given to the persons eon- eerned. 5 Mareli 87-8, pr. Sam11. Gookin Shff." 1
" Marelı 4, 1687-8. Memº. This warrant was sent up from Boston to Cambridge on the Sabbath day morning by a boat, which was an unusual thing in that place to see the Sabbath day so profaned and a warrant posted on the meeting house to give notice." 2
At the time appointed, the inhabitants of Cambridge asserted their elaims, to wit : -
" To his Excelleney Sir Edmund Andros, Knt., Captain Gen- eral and Governor in chief of his Majesty's territory and domin- ion of New England, and his Majesty's Couneil. The petition and address of his Majesty's most loyal subjeets, the inhabitants of Cambridge, in most humble wise showeth :
" In observanee of the Council's order sent unto us referring unto those lands petitioned for by Edward Randolph, Esq., - we humbly inform and eertify your Excellency and the Council, that they are neither vaeant nor unappropriated lands, but are a part of those lands granted by his Majesty's royal Charter, under the great seal of England, to the persons therein mentioned, and by the Governor and Company of the Massachusetts Bay to this town of Cambridge, as the Records of the General Court will show, and have been quietly possessed and improved by this town of Cambridge for more than fifty years ; and was also pur- chased of the Indian Natives that elaimed title thereto. And more particularly as to those mentioned by the petitioner situate and lying between Spy Pond and Sanders Brook, they were by allotment granted and measured out, more than forty years now past, to sundry of the inhabitants of this town ; and they have accordingly peaceably possessed and improved the same, and are at this day lawfully seized thereof. And for that other part, lying near to Watertown line, the town hath hitherto improved those lands in common, for timber, firewood, and pasture for all
1 Mass. Arch., cxxviii. 56. is in the handwriting of Thomas Dan- 2 /bid., p. 68. This memorandum, en- forth.
dorsed on a copy of the order of notice,
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CIVIL HISTORY.
sorts of cattle, the just interests of each person therein having been legally settled more than forty years ; and the proprietors have accordingly respectively bought and sold their interests, as they have seen meet ; and for the securing said lands from dam- age to ourselves by our neighbors of Watertown, the proprietors of the said lands have, at their great charge, erected a stone wall, more than one mile in length, and made provision of gates upon the highways as was needful.
" We do also humbly inform your Excellency and Council, that the lands above petitioned for are of so great concernment to the inhabitants of this town for their necessary supplies of timber, firewood, and pasture, that, should we be deprived thereof, it would be the inevitable ruin of more than eighty families of his Majesty's subjects here settled, who have spent their strength and estates in confidence of their indubitable right and peaceable enjoyment thereof, by virtue of his Majesty's royal Charter, and to them legally derived in manner as is above re- cited.
" We do therefore humbly render to your Excellency and hon- orable Council our bumble and thankful acknowledgement of your respect to our welfare (as well as to justice and equity) in giving us this opportunity to inform your Excellency and Honors of our claim and just title to those lands petitioned for, as above said, and do humbly pray that the royal authority wherewith his Majesty have invested your Excellency for the government of this part of his dominion may put a check upon the abovesaid information and unreasonable request of the petitioner for said lands, and that your petitioners may not be thence illegally ejected or disturbed in their peaceable enjoyment thereof, con- trary to his late Majesty's declaration of the 26 July 1683, pub- lished upon the issuing a Quo Warranto against the late charter of this Colony, and to his present Majesty's gracious declaration to all his loving subjects for liberty of conscience and maintain- ing them in all their properties and possessions in any their lands and properties whatsoever ; the benefit whereof we humbly claim.
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