History of Middlesex County, Massachusetts : with biographical sketches of many of its pioneers and prominent men, Vol. II, Part 104

Author: Hurd, D. Hamilton (Duane Hamilton) ed. cn
Publication date: 1890
Publisher: Philadelphia : J. W. Lewis & Co.
Number of Pages: 1226

USA > Massachusetts > Middlesex County > History of Middlesex County, Massachusetts : with biographical sketches of many of its pioneers and prominent men, Vol. II > Part 104

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years of their pioneer life. So productive were they that Johnson says "they take in cattel of other towns to winter." The plantation prospered. In 1639 a grist-mill was erected, and in 1640 a small meeting- house was built, the dimensions of which were "thirty foot long and twenty foot wide." The cost was to be six pounds, to be paid in money, corn and cattle to be prized by two men of the town, one to be chosen by the town and the other by John Rutter, the contractor and builder of the house.

The first minister was Rev. Edmund Browne, who it is supposed was settled in England before he came to America. He was a scholarly and substantial min- ister, as well as an honored and useful citizen. The town soon took rank among the best of the Massa- chusetts Bay Colony. Not only did the people de- velop the resources within their own territory, but the spirit of colonization early prevailed, which led the people to pioneer new places. They went south to what is' now Framingham and Natick, and westerly beyond the "two-mile grant," to what is now Mar]- boro', where in 1656 a new town was incorporated.

The town of Stow in its original limits was com- posed of a tract of country bounded by Sudbury, Con- cord, Groton, Lancaster, Marlboro' and the Indian plantation called Nashoba (now Littleton). The In- dians called it Pompasetticntt. In 1666 a part of this territory was formally laid out to Major Eleazer Usher ; and a little later about 500 acres were con- veyed to Daniel Gookin, and 150 acres to Richard Heldredge.

In 1669 George Haywood petitioned the General Court to appoint some persons "to view this land." October 13th his request was granted, and May 31, 1670, the committee rendered a report. In this re- port is the following statement : " We found by esti- mation 10,000 acres of country land, whereof 500 acres of it is meadow : the greatest part of it is very meane land, but we judge there will be planting-land enough to accommodate twenty families. Also about 4000 acres more of land that is taken up in farms." They stated that the Indian town of Nashoba, that is adjacent, "is exceeding well meadowed, and they make but little or no use of it." The General Court allowed the petitioners to take the land "provided the place be settled with not lesse than tenn familyes within three years, and that a pions orthodox and able minister be mainteyned there."

Daniel Gookin, Thomas Danforth, Joseph Cooke, or any two of them were appointed to regulate the settling of the place, and Dec. 4, 1672, they appointed a committee to lay out twelve farms of fifty acres each, and to "cast Lotts for them " among those to whom the land was allowed, provided that the parties were " men of good and honest conversations, orthodox in Religion," and would engage to help support " as Godly minister among them," and also would settle upon their lands within two years from the following May (" History of Stow.")

May 16, 1683, the place was made by incorporation the town of Stow, and March, 1686, twenty-six home- steads were granted.

EARLY PURCHASE OF TERRITORY .- That portion of Maynard which was taken from Sudbury was a part of the land last granted to that town by the Gen- eral Court. It was five miles in length north and south by two in breadth east and west, and its north- erly boundary was a direct continuation of the Con- cord and Sudbury old town line to the Assabet River, at a point which Mathias Mossman on his map calls the Acton, Stow and Sudbury corner. The Colonial record concerning this grant is " Sudberry is granted two miles westward next adjoining to them for their furth" inlargement, provided it [prejudice] not Wm. Browne in his 200 acres already granted." (" Colonial Rec. " vol. ii. page 273.) This land tract was purchased of the Indians for twelve pounds. A deed was given which is on record at the Middlesex Registry of Deeds, Cambridge, and of which the following is a true copy :

INDIAN DEED.

"Forasmuch as the Gen! Court of the Massachusetts Colony in New England hath formerly granted to the Towne of Sudbury, in the County of Middlesex, in the same colony, an addition of laud two miles west- ward of their former grant of five miles, which is also layd out & joyneth to it; and whereas the English occupiers, proprietors and possessors thereof have chosen Capt. Edmond Goodenow, Leift Josiah Haynes, John Goodenow, John Brigham & Joseph Freeman to be a comittee for themselves & for all the rest of the English proprietors of the d tract of land and to satisfy & pay them for their native ancient & hereditary right, title & interest thereunto : Know all People by these presents-That wee, Jehojakim, John Magus, John Musqua & his two daughters Esther & Rachel, Benjamen Bohne, John Speen & Sarah his wife, James Speen, Dorothy Wennetoo & Humphrey Bohne her son, Mary Neppa- mun, Abigail the daughter of Josiah Harding, Peter Jethro, Peter Mnsk- qnamogh, John Boman, David Mannoan & Betty, who are the ancient native & hereditary Iudian proprietors of the aforesd two miles of land (for & in consideratiou of the just & full sum of twelve pounds of current money of New England to them in hand well & truly paid at or before the ensealing & delivery hereof by the said Capt. Edmond Goodenow, Leift. Josiah Haines, John Goodenow, John Brigham & Joseph Freeman in behalfe of themselves & of the rest of the English possessors, occu- piers, proprietors & fellow-purchasers), the receipt whereof they do hereby acknowledge & therwith to be fully satisfied, contented & paid & thereof and of every part & parcell thereof they do hereby for themselves & their heyrs, [Executors, Administrators & Assigns, clearly, fully & absolutely release, acquitt, exonerate & discharge them & all the Eng- glish possessors, occupiers, proprietors & fellow-purchasers of the same & all and every one of these heyrs, Executors, Administrators, Assigns & successors forever. Have given, granted, bargained, sold, aliened, .. enseossed, made over & confirmed, & hy these presents, do give, grant, bargain, sell, alien, enseosse, make over, confirm & deliver all that their gd tract & parcells of lands or two miles (bee it more or less, situate lying & being) altogether in one entire parcell in the sd Town of Sudbury in the County of Middlesex aforesd & lyeth al along throughout on the westerne side of the old five miles of the sd Towne & adjoynethi thereunto (to- gether with the farme lands of the heyrs of William Browne that lyeth within the same tract, unto the sd Capt. Edmond Goodenow, Leift. Josiah Haines, John Goodenow, John Brigham & Joseph Freeman & unto all & every one of the rest of the English possessors, occupiers, proprietors & fellow-purchasers thereof as the same is limited, butted & bounded on the East by the old part of the sd Towne of Sudbury (which was the five miles at first granted to the sd Towne) & is butted & bounded north - erly by the line or bounds of the Towne of Stow & is bounded southerly & partly westerly by the lands of Mr. Thomas Danforth. All the lauds within said bounds of hills, vallies, planes, intervalls, meadows, swamps, with all the timber, trees, woods, underwoods, grass & herbage, rocks, stones, mines, mineralls, with all rivers, rivoletts, brooks, streams, springs, ponds & all manner of water courses & whatsoever is therein &

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HISTORY OF MIDDLESEX COUNTY, MASSACHUSETTS.

thereupon, above ground & nuder ground, with all rights, members titles, royaltyes, libertyos, priviledges, proprietyes, uses, proflitts & com- modityes, thereof, & every part. & parcell theroof, & that is every way & in nnywise therennto belonging and apportaining,

"To Have, Hokl, nse, ocenpie, possess, enjoy to the only absolute propper use, benefitt, behoole nnd dispose of them tho sd English posses- ors, occupiers, proprietors & fellow-purchasers of the Towne of Sud- bnry & their heyrs, executors, administrators, assigns & successors in n Troo, full & perfect ostate of inheritance from the day of the date hercol & so for ever.

"And the above-named indian Grantors do also hereby covenant, prom- ise & grant to und with the above-named Edmond Goodenow, Josiah llayues, John Goodenow, John Brigham & Joseph Freeman, & with all the rest of the English possessors, occupiers, proprietors & fellow-purchasers of the said two miles of land (bee it more or less) as above bounded that at the enscaling and delivery hereof, they are the only and absolute In- dinu proprietors of the premises, & that they (& none else) have just and full power in themselves the same thus to sell, couvey, confirm, make over & deliver, & they do heroby engage & bind themselves & their heyrs, executors, administrators & assigns from time to time & at all times herealter, fully and sufficiently to secure, save harmless & forever de- fend the hercby granted & bargained two miles of land (as is above bounded, bee it more or less), with all the rights, members & appurten- ances thereunto belonging, against all manner & singular other titles, troubles, charges, demands and incumbrances that may be made or raysed by any person or persons (especially Indian or' Indians) else whatsoever lawfully having or claiming any right, title or interest in or to the premises, or to any part or parcell thereof, to the trouble, vex- ation, charges, interruption or ejection of the above sd English possess- sor, ocenpiers, proprietors or fellow-purchasers of the same, or any one of them, they or auy one of their heyrs, executors, administrators 'or assigns, in his or their quiet and peaceable possession, free & full use, enjoyment, or dispose thereof, or any part or parcell thereof, forever.

" Furthermore, we, the above-named Indian Grantors, do hereby oblige and engage ourselves, all and every oue of us & ours as aforesd shall and will from time to time & at all times readily aud effectually do (at our owu propper costs and charges), or cause to be so done, any other or further act or acts, thing or things, that the law doth or may require for more sure making & full confirming of all & singular the hereby granted premises unto the sd Edmond Goodenow, Josiah Haines, John Goodenow, Johu Brigham and Joseph Freeman & unto all & every one of the rest of the English possessors, occupiers, proprietors aud fel- low-purchasers of the premises, & unto all & every one of heyrs, execu- tors, administrators and assignes, forever.

"In Witness whereof the above-named Indian Grantors have here- unto, each for themselves & altogether, sett their hands and seals, dated the 11th day of July, in the year of our Lord God one thousand six hun- dred eighty & four, Annoge Regni Regis Caroli Seenndi, XXXVI.

"Jehojakim his mark X for himself & by Order of & for John Bo- man & seale

"John Magos for himself and by order of & for Jacob Magos his father and seale

" John Speen his marke | & for & by order of Surah his wife and seale

" Abigail Daughter. of Josiah Harding and hissole heyr (> her marke & seale

" Sarah O her marke who is the widdow of Josiah Harding and mother of sd Abigail & her Guardian.

" Peter Musquamog + his marke & seale

" Benjamin Bohen his R marke & seal

"Dorithy Wenneto her O marke & seale

" Mary Nepamnn her O marke & seale

" Betty her ) marke & Seale

" Peter Rethro & a seale

" Joli }{ Bowman bis marke & seale

" James Speen & sealo

" Cambe 15 Octob 1684 All the persons that have signed & sented this instrument appeared before me this day & yenr above written & freely

. acknowledged this writing to be their act & deed

" DANIEL GOOKIN, Gen' Assist

"Endorsement-All the Grantors of the instrument within written beginning with Jehojakim & ending with Peter Muskquomog did sign Heale and deliver sd instrument in presence of us,

"JOHN GREEN- JAMES BERNARD-

" Moreover wee underwritten did soo Benjamin Bohen, Dorothy waneto & Mary & Belty Nepammio signe, scale & deliver this instrument the 15th day of Octob 1684

"ANDREW PITTAMEE This marko

"JAMES RUMNY marke

" SAMUEL GOFF,

JAMEN BARNARD

" DANIEL SACOWAMBATT.

"Febr 7, 1684 Memorandum-Wee whose names are underwritten did see Peter Jethro signe & seale & deliver ye within written Instru- ment

"JAMES BARNARD -- STEPHEN IN GATES his mark.

" Peter Jethro, Indian, appeared before me the lifth day of February, 1684, & freely acknowledged this writing within to be his act & deed & ythe put his hand & scale therennto.

" DANIEL GOOKIN, SenT. Aflift.

"John Bowman did signe, Heale & deliver the within-written deed the 23 : of February in the yearof our Lord one thousand six hundred eighty & four in presence of ns

"JOHN BALCOM ---

+ SAMUEL FREEMAN his marko

"James Speen and John Boman appeared before me in court at Na- tick and acknowledged they have signed and sealed this instrument among othors May 13th, 1684

I" JAMES GOOKIN, SenT Affist

" ROXBURY Aprit 16, 85

" Charles Josias, Sachem of the Massachusetts, having read & consid- ered the within-written deed with the consent of his Guardians & Counsellors underwritten doth for himself and his heyrs allow of, ratify & confirm the within-written sale to the inhabitants of Sudbury & their heyrs for ever, the lands therein bargained & sold, to have & to hold to the yd Inhabitants of Sudbury their heyrs aud assigns for ever, & hath hereunto set his haud and seale the day above written,

"CHARLES A JOSIAS his marke & seale " Allowed by us " WILLIAM STOUGHTON ! " JOSEPH DUDLEY Guardians to ye Sachen

" ROBERT 8 MONTAGUE

" WILLIAM W. AHOWTON

" Recorded by Thomas Danforth

"ROBERT 8 MONTAGUE " WILLIAM W. AHOWTON

" Recorded 19, 3, 1685

"by Tho. Danforth, Recorder.

" A true copy of record Book 9, Pages 344 to 352, inclusive. "Attest CHAS B. STEVENS Reg."

The above deed was not given until years after the grant was made by the Court, and the land was di- vided up into portions to the inhabitants. The records do not state what occasioned the long delay, but, as was the case elsewhere, perhaps the papers were not passed until, in process of time, the settlers questioned whether the claim to the territory was valid until a deed was obtained of the Indian proprietors. A simi- lar instance occurred at Groton, where the deed was given long after the land was occupied. The grant was allowed by the Court as early as 1655, but no title was obtained of the natives till about 1683 or 1684.

The 200 acres referred to consisted of land allowed by the Court to William Brown, of which the record is as follows: "In answer to the petition of Wm Browne ffor 200 ac's dew for twenty-five pounds putt into the joynet stocke by Mrs. Ann Harvey, his Aunt, from whom he made it appear to the Court he had sufficyent deputacon to require it, his request was graunted, viz .: 200 acts of land to be layed out to him wthout the west lyne of Sudbury by Capt. Simon Willard and Seargeant Wheeler."

Concerning the laying out and apportionment of

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MAYNARD.

these lands, we have the following from the Sudbury records :

November 27, 1651, "It is agreed in a public town- meeting warned for that purpose, that the rate now to be levied for the payment of John Sherman and others for laying out the two miles westward joining to our former bounds which was last granted by the Court for our enlargement sball be paid by the inhabit- ants, every man to pay alike, the same in quantity, and when that the two miles shall be layed out that every man shall enjoy a like quantity of that land."

About two years later a dispute arose relative to the manner in which the two-mile grant was to be divided. "Two ways were proposed, neither of which gave sat- isfaction ; the first was to divide them equally to every man; the other was to divide by estate or family-to every man four parts-to every wife, child or servant bought or brought up in the family one part."

On January 4, 1655, at a selectmen's meeting it was " voted to take some means to get the new grants laid out;" and it was also agreed "to keep a herd of cattle upon the land the next summer." Thus the subject of the new grant was a prominent one, and how to apportion it was an important matter. At length the plan was adopted of dividing it into squadrons, the arrangement of which was as follows: "The south east was to be the first, the north east the second, the north west the third, and the south west the fourth." It was voted there should be a highway extending north and south, "30 rods wide in the new grant join- ing to the five miles first granted;" also, "voted that there should be a highway 30 rods wide, from south to north, paralel with the other said highway in the middle of the remaining tract of land."

The records further state, that, as there was a pond in the third and second squadrons, "so that the middle highway from south to north cannot pass strait," it was voted to have it "go round the pond." These squadrous were sub-divided into parcels of equal size, each containing one hundred and thirty acres, and were apportioned to the people by lot. It was voted that "the first lot drawn was to begin at the south side of the first squadron running east and west betwixt our highways; the second lot to be in the north side of the first, and so every lot following suc- cessively as they are drawn till we come to Concord line and so the first and second squadron."

The Sudbury records give the following information concerning the apportionment and ownership of the second and third squadrons, a part of which are in the present territory of Maynard :

"The second squadron are: William Ward, 13; Josiah Hains, 14 ; Henry Loker, 15 ; John How, 16 ; Edmund Rice, 17 ; Philemon Whale, 18 ; John Loker, 19; Mr. Edmond Browne, 20 ; John Parmenter, Dea., 21 ; John Maynard, 22 ; Robert Darnil], 23 ; Thomas White, 24 ; Rich- ard Newton, 25 ; John Reddicke, part of bis, 26.

". These thirteen lots and a part afore written are the second squadron, the firet whereof being William Ward's, who joineth to Lancaster high- way on the south; the last being part of Sargent Reddick's lot which joineth to Concord line on the north all this squadron of lots, with the

other aforegoing, being bounded on the east by a highway thirty rods wide, and part of the two miles last granted to Sudhury, each lot contain- ing one hundred and thirty acres ; third squadron are as followeth :

"John Ward, 27 ; Peter Kinge, 28 ; John Smith, 29 ; Hugh Griffin, 30; Henry Rice, 31; Jolin [- ], 32; Rohert Beast, 33; William Kerley, Sen., 34 ; John Wood, 35 ; John Rutter, 36 ; Solomon Johnson, Sen., 37 ; John Toll, 38 ; Widow Goodenow, 39.

"Mr. Wm. Browne, his farm of two hundred acres, and his lot of one hundred and thirty acres, heing granted to be in the northwest angle beyond Asibath river hefore the lots were laid ont. Also the other part of Sargent Reddicke's lot adjoining to Mr. William Browne's farm on the north.

" The thirteen lots last written with Mr. Wm. Browne's farm and lot, and the part of Sergent Reddick's lot, are the third squadron. Mr. Browne's farm joineth to Concord line on the north, and the widow Goodenow's lot joineth the same said Lancaster highway on the south, the said squadron of lots and farm being on the east the middle highway thirty rods wide and the second squadron, and butting on the west upon the wilderness."

Another part of the Maynard territory may have been a tract of land which we will term the Tanta- mous transfer. This tract is that before alluded to as the property mortgaged by Indian Jethro to Hermon Garrett. This land the Colony Records state "is granted by this Court [General Court] to Watertowne to purchase of Hermon Garrett." Hermon Garrett was a blacksmith who lived at Concord, and it is sup- posed carried on his trade there before 1638. In a petition dated May 19, 1651, he says that "3 years since he obtained a verdict against Jethro on £16 6s. 4d. and £4 costs for damage in a mare and colt done by him to your petitioner, and that said Jethro mort- gaged 1000 acres of his lands to secure said debt." (Temple's " Hist. of Framingham.") The permission granted to Watertown by the General Court may in- dicate that the mortgaged property came into the hands of Garrett, who it is supposed sold a horse and colt to old Jethro and the default of payment may have been the damages. The statement that this land was at Issabaeth, while it may locate the land but indefinitely, leaves us to infer that it lay along the river course. The vote of Sudbury that there should be a highway running north and south, through the " New Grant," forty rods wide, was ob- served in the laying out of the land. This reserva- tion was doubtless made without the expectation that it would ever become a regular town highway. It was probably laid out for several objects; one of these may have been to give abuttors a right of way to their lots ; another may have been to serve the town as a timber supply, and another object may have been that it could be exchanged by the town for land to be used in other places for highways. This high- way subsequently became memorable by the discus- sions that attended its final disposition. It was re- peatedly encroached upon by abuttors or others who desired it for timber or as an annex to their farms ; and at successive town-meetings the question came up as to what to do with the thirty-rod highway.

The following extracts from early records relate to this highway, the first to its direction, the last to its disposal :

"At a town-meeting January ye 4, 1657, voted in ye Town Meeting

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HISTORY OF MIDDLESEX COUNTY, MASSACHUSETTS.

that wherens there Is a pond lying In ye third and second squadron that Hoe our middel Highway from South to North cannot pas streight, our will and vote is that ye guid way shall goe round the pond at yo nearest end and nlowance be given by ye Surveyor to any person that shall be damaged by ye highway going at ye ponds end and, Also let it be re- membered that ye long llighway from South to north goeth at ye west end of ye pond through ye land of John Toll and Solomon Johnson and le twelve rods wide at ye narrowest for which may ye said John Toll and Johnson have sufficient allowance."

At a meeting held March 3, 1731, "Voted that they will discontinue of the thirty Rod Highway or land, so-called, twenty-six rods wide throughout the said highway." It was also " Voted to give and grant to cvery Proprieter owner one and one half acre of meadow and swamp land in the lands called the New Grants, thirty rod highway, also two acres of upland. January 23rd, 1732, let out to Jonathan Rice all the highway meadow from the Long Pond to Concord Road and to Marlborough Road, for five shillings."

That part of Maynard which formerly belonged to Stow was probably a portion of a tract called by the Indians, Pompasiticut. A hill in Maynard still bears the ancient name. These lands may have been, in part, some of the Tantamous transfer, and in part may have been owned by Benjamin Bohue, or the Speen family, or Musqua, or Musquamog, or Magos, or others who owned land about the Sudbury and Stow territory. It is said that soon after the incor- poration of the town of Stow, which occurred May 16, 1683, " a town rate was made to pay Ben Bohue and James Speen and others for lands purchased of them." (" History of Stow.")

INDIAN OCCUPANTS .- The lands at Isebaeth or about the Assabet River were, it is supposed, at one time considerably occupied by Indians. Numerous relics have been discovered in various places ; and on the Benjamin Smith place on the west side of the river Indian bones have been exhumed. These re- mains were discovered when excavating for a barn cellar some years ago. The remains were, it is sup-

posed, those of six Indians who were buried side by side. Various relics were found with them. Just below this place, on the brow of the hill, is an exca- vation, which, it is supposed, may be the remains of an old cellar once connected with a wigwam or wig- wams. This excavation may perhaps have been an old Indian store-house for corn or maize, to make use of their term for grain. These excavations for gran- aries were probably commonly used by the Indians. Their food was to quite an extent made of maize meal, which was prepared by a rude process of pounding with a small stone. From this meal they prepared a rude cake called "Nokake," which it is stated they carried on long journeys.

Their selections for corn-fields were on easily worked, sunny places, as on some plain land or warm hill-side. The lands were broken up by the squaws with a rude hoe made of stone with a withe handle. Their planting time was when the oak leaf had at- tained the size of a mouse's ear or squirrel's paw. The same fields were planted year after year and were

probably tilled by several families collectively, after the manner of the English in their early occupation of the country. As the fields were cultivated in common, so the granaries were doubtless also com- mon property. Temple, in his History of " Framing- ham," says as follows of the granaries :

" These Indian granaries were of two classes, one large, the other small. Both were of similar con- struction, i. e., circular excavations about five feet in depth. The larger ones were from twelve to sixteen feet across, while the small ones were only three to five feet in diameter. They were commonly dug in the sloping sides of a knoll or bank to secure dryness and the better to shed rain. A number were set close together in order that they might be protected from bears and other enemies by a picket; when filled with corn, or dried fish, or nuts, they were covered with poles and long grass, or brush or sods." Perhaps why so few of the traces of these granaries are found to-day in places once considerably inhabited by the Indians is that English cultivation of the soil has obliterated them. The warm hill-sides where they may have been mostly constructed, in close proximity to the corn-fields on the soft plain lands, have largely become pastures or orchards. The plow has passed over them again and again in the long flight of years. The recollections of the early settlers relating to the Indians were not altogether pleasant, and there was therefore little inducement to preserve the traces of their wigwams, planting-fields and granaries. The indications about the Benjamin Smith place are that in that vicinity may have been a cluster of wigwams or an Indian village. The half-dozen skeletons de- note the presence of an Indian burial-place, and this, with the presence of a granary and the finding of stone relics, are supposed to point generally to the occupation of a locality by several families and per- haps a clan.

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History of Middlesex County, Massachusetts : with biographical sketches of many of its pioneers and prominent men, Vol. II, Part 104

Author: Hurd, D. Hamilton (Duane Hamilton) ed. cn Publication date: 1890 Publisher: Philadelphia : J. W. Lewis & Co. Number of Pages: 1226

Author: Hurd, D. Hamilton (Duane Hamilton) ed. cn
Publication date: 1890
Publisher: Philadelphia : J. W. Lewis & Co.
Number of Pages: 1226