History of Middlesex County, Massachusetts : with biographical sketches of many of its pioneers and prominent men, Vol. II, Part 67

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 67

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The following is a record of a proprietors' meeting held in the spring of 1716-17 :

" At a generall meeting of the proprietors of the common and undi- vided land belonging to the Township of Dracutt legally assembled on the last thirsday of march, in the year of our Lord, 1716, by vertne of a warrant from justice Tyng. 1. chosen for moderator for this present meeting Ezekiel Cheever, Senior. 2ly. Chosen for a clarke for the pro- prietors aforesaid Nathaniel Fox, 3ly, Chosen for a Commity to act about the undivided land belonging to the foresaid proprietors, mr. George Brown of Bilricah, Capt. Josiph Varnum, Ezekiel Cheever, Senior, Mr. Nathaniel Fox, mr. Jeams Fails. 4ly. Voted that this com- inity now chosen, shall go npon the undivided land and vieu the land that is not yet divided, and lay it out into two squadrons, and the land that lyeth nearest the river, loots to be laid out into the river Loots ; and that which lyeth nearest the Gumsett's Loots, to be laid out unto tbe Gumset Loots. 5ly. Voted that there shall be a considerable quantity of upland laid out to each man's medow, laid out of the land that lyeth about his ineadow, out by the Committy according to the quantity of ineadow he hath; and so much upland as every man hath laid to his meadow it shall be reckoned as so much of his share in the undivided land. 6ly. Voted that when the land is laid out into squadrons, then they shall lay out unto every loot an hundred and thirty acres or more if they shall judge it best, and the rest at the next laying out. 7ly. Voted that this Committy, or a major part of them, are fully empowered to lay out all the undivided land as soone as can conveniently be done, and that this Comumitty shall be allowed fore shillings a day for their ser- vices by the proprietors. 8ly. Voted that this Committy shall have the power to sell sonie of this undivided land to pay the charge of laying out said land, and the sale of the land to be posted up in some public place. 9ly. Voted that for the time to come any two of the Committy and the clarke shall have power to call a proprietor's meeting by posting up a notification in some publick place 14 dayes before the meeting. 10ly. Voted that this Cominitty shall have to employ the ser- veir or artist so much as shall be needful, and the proprietors to bare the charge of it. 11ly. Voted that this committy shall have full power to lay what high wages they shall think noedful. Lastly. It is voted and agreed upon that no man shall debar any other from coming to his meadow, where there shall not be highways laid out, but every man shall have sufficient liberty to come to his meadow for mowing and mak-

1 Also see Nason's " Hist, Dracnt." in Drake's " Middlesex Co."

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HISTORY OF MIDDLESEX COUNTY, MASSACHUSETTS.

Ing and carrying off his hay. These were the things that were agrocd upon and voted nt this meeting.

" Attest EZEKIEL CHEEVER, " Moderator."

It appears that the early settlers made no distinc- tion on account of color. A lot of the reserved land being laid out to Antliony, or Tony, a negro, or, as the name was written, " neggerow," in 1721, reads as follows :

" MARCHI yo 25th, 1721. A loot laid out to Anthony, of dracott in the reserved land in Dracut, in the county of Middlesex, in New England, containing 88 acres, he it more or Less, as it is hounded Lying Southerly of Higginson's medo Loots, bounded Easterly hy a Line of Marked Trees Littered A by Thornton's land, Southerly by Land Laid out to eze- kiel cheever, of Salem Village, which was sould to the sd Anthony. The ahove sd Anthony had Ten acres of Land Laid out in the hounds of the above sd Cheevers Land, the westerly line of the ahove sd Anthony's Land is Pine trees hy ffoxe's marshes, and thornton's Land the north- west corner is a stake and stones. Also another Loot of Land Laid out to anthony, negro, of Dracutt, in the ahove sd Reserved Land in Dra- cutt, containing four and a half acres, he it more or less, Lying Wester- ly of his home stead house Loot, hounded Easterly on sd house Loot, and Westerly by County Rhoad Leading from the Caneuytry to Curtisses house. Also another Loot Laid out to the above said Anthony, negro, lying in the ahove said Reserved Land on the South side of the Colburn's New meadows, Bouuded Southerly hy a Rhoad Leading to Ceader Pond meadows, Westerly hy the Land of henja Wood, Northerly hy the Col- hurn's new medo farme, easterly hy a Line of marked trees cald four Loot, in order from Belcher's aud Hildreth's Land and Contains Twenty Eight acres, he it more or less, Laid out and recorded hy us with some help of Nathaniel Fox in laying out.

" JOSEPH VARNUM, "EZEKIEL CHEEVER sd work." " JAMES FALES,

Comto for

A lot was also laid out at the same time for the first minister that should settle in the town :

" MARCH ye 25th, 1721. A Lott of Land Laid outt to the firs Setled minister in Dracut, in the Reserved Lands iu said dracutt, in the County of Middlesex, in New England, containing One Hundred and Twenty one acres Called the sixth Lott southward from Goulding's Pond. Bounded Westerly on William Colhurn's Destracted medo Line Norther- ly by a line of marked trees Lettered with S. B. hy the fifth Lott, easter- ly by the easterly Line of Dracutt, the South East corner is a rock stones on it. Bounded Southerly hy a line of marked trees and heeps of stones, also another Lott of Land called the fourth Lott northward from Goulding's and Callecut's farme, is laid out to the first settled minister in Dracutt, in the above said Reserved Land, and contains 186 acres, he it more or less. Bounded as followeth, ees westerly hy j, Varnum Line, Northerly hy a line of markd trees Lettered with S. B., Easterly by that Land that was Laid out to the Gumpas Loots equall to the River Lotts, Southerly hy a line of marked tres Lettered with S. B. Nuinbered with fonr chops. Also another Lott of Land Laid ont to the first settled minister in Dracutt, in the above sd Reserved Land Containing 28 acres, be it more or le-s, Lying Easterly of the first settled minister's Lott and the minister farme, bounded westerly on the Minister's Lott and minls- tree farme. Northerly and Easterly by a line of marked trees, Southerly hy a line of marked trees by a mnedo that lyeth on heavour Brook, also seven acres of upland laid ont to the first settled minister in the Town of Dracntt, Lying on the Colburn's new medo farme, also one acre of Land Lying at the west end of the seventh Lott Northward from Gould- ings & Colecut's farme.

" Laid out and recorded hy us with some help from Nathaniel Fox in Laying out.

" JOSEPII VARNUM, " EZEKIEL CHEEVER, Comt for sd work."

" JAMES FALES,

There were also laid out at this time, from the com- mon land, lots to the following-named persons : Ebe- nezer Ingalls, of Marblehead ; Anthony-negro, Wm. Colburn, of Dracut; Col. Samuel Brown, of Salem ;

Caleb Moody, of Newbury ; Joseph Wheeler, of Con- cord ; Thomas Wyman, of Dracut; Solomon Wood, of Bradford; George Brown, of Billerica; Ezekiel Cheever, of Salem Village; Ephraim Curtis, John Barron, Nathaniel Fox and Benj. Wood, of Dracut ; Mr. Proctor, of Boston ; Ebenezer Wright, of Dracut ; Jonathan Waldo, of Boston; Josiah Richardson, of Dracut; Nathaniel Cheever, of Salem Village; Jos- eph Varnum, of Dracut; Alexander McNeil, Ebe- nezer Goodliue, Benj. Richardson and Samuel Prime, of Rowley ; most of whom were actual settlers of the town.

The proprietor's book also mentions some very curious and amusing names which were applied to certain localities, a few of which are retained to the present day. Among the names mentioned are Ridge Hill, Mine Pet Hill, Walker Brook, Mine Brook, Beaver Brook, Ayer's Hill, Island Pond Hill, Cedar Brook, Dennison's Brook, Island Pond Brook, Gould- ings Brook,-an affluent of Beaver Brook,-Tony's Brook,-so named from the negro, Anthony,-Dun- stable Brook, Long Pond, North Pond, Ledge of Rocks Pond, Bumpas, The Cove, Distracted Meadows and Peters Pond.

ROADS LAID OUT .- At the last town-meeting men- tioned, several roads were laid out, a transaction the modus operandi of which the following is a fair sample and description :

"MARCH 25th, 1721. A high way Laid out in dracutt, in Middlesex, in new England, in the reserved Land at a place called Prim's Lott and Higginson's Land, two or three Rods wide, as it is here plotted out with heaps of stones and trees hlassed with two hlasses next the way hegin- ning westerly at Winthrop's farm with heaps of Rocks, running easterly over rocky land, then turning partly northeasterly with trees marked down a hill of a plain, then running partly easterly on the north side of a little pond hole, so continuing easterly to the mine pit hill, with a little crosse, also on the north side of mine pit, then running northeasterly on the South Side of Spruco hog iu Higginson's Land, then turning partly easterly to the east line of Dracutt Town, this is for a country Road from dracntt to haverhill. Laid out aud platted and recorded by us Committy for said work.

" EZEKIAL CHEEVER, " JOSEPH VARNUM, " JAMES FALES."

This was the main road leading easterly to Haver- hill. The Mine Pit referred to was on the Gen. Varnum farm, and is the same that has recently been re-opened and from which a considerable quantity of nickel has been taken.

PRICE OF LAND .- It may be interesting to some of the residents at the present time to know the price for which their valuable acres were once sold by this same committee :

"Dracutt, Janevery the last in ye year of our Lord 1722. According to a vote of the proprietors we have sold 21 acros of said land upon yo mine pit, also 140 acres at tho East line of ye town about a mile off from Merrimack River, be they more or less, according as they are bounded. Sold to Jeams Colburne ffor 8 pounds aud one shilling. Also 100 acres sold at north pond for 5 pounds to Alexander Mackneal, also 100 acres hy Goulding's farme sold to Alexander Mackueal for 13 pounds, be they more or less, according as they are hounded. Also 100 acres hy Sedar pond, sold for 8 pounds to Richard Jakes, be it more or less, according as it is hounded. Also sold 75 acres to Nathaniel Cheovor for 7 pounds, 10 shillings, be it moro or less, according as it is bounded. All this above

287

'DRACUT.

land was measured with the same measure as the other Lotts were, and were all posted in at the meeting- house, and some at ye tavern 14 dayes before they were sold.

" EZEKIEL CHEEVER, " JAMES FALES,

" Commitly."

VOTES AND RECORDS .- Some of the early records from the town books are here transcribed, not alone for the information they afford, but for the quaint language in which the facts are recorded :

" DRACUT, Ang. 9, 1721.

" Captaine Joseph Varnum was this year chosen a representative to the General Court."

He was also chosen the following year.

"Aug. ye 8th day, 1721.

" Jonathan Negro, the son of Anthony Negro and Sara, his wife, was born nnto them this day."

" DRACUT, Feb. ye 9, 172"128.

" Then tacken np and strayed by Josiah Colburn, of Dracut, a Black Mair Colt, Coming in two year old with a star in her foarhad.

"EPHRAIM HILDRETH, Town Clerk."

" Mar. ye 24, 1731-32.

" Voted ye Colonel Joseph Varnnm shall have ye fishing fales in Dra- cntt for the year insuing, for twenty pounds."

"DRACUTT, December ye 22nd, 1727.

"Then taken np and strayed by Josiah Richardson, of Dracutt, a Red heifer, coming two year old. Some white under her belly, a white spot in her forehead, and something whitish at ye end of her taile, and a slit cntt in ye nnder side of the near Ear, and a slit cutt in ye top of ye off Ear."

" Taken up a kind of a Sandy Sow with a peace cnt of from ye Rit Ear, and full of black spots. marked with 3 hols iu ye rit ear and a kind of a Swollows tail in ye Left Ear & also 8 pigs."

"DRACUTT. Jan. ye 5th, 1729-30.

"Then Taken np and Strayed by -- - , of Dracutt, a Dark Brown Colt, a gelding, coming a Bont two years old, with a happeney ont of ye off Ear."

" July ye 24 : 1736.

"Then tacken up in Damag pessant and imponnded a Bay mere with a Small Bay mear Cult, they Both bave a fne white hares In thiare fore- hed and Blackish mains and tailes, and Blackish Legs, they have No other mark Either Natural or artyfitial to Be Discovered, and the owner Not appearing they were proceeded with as Strays on ye 27 of ye montb. Thay were apprised at five Pounds."

"July ye 26 : 1736.

" then tacken np In Damage pesant and Impounded, a Black and white Pyed Spotted or Speckled cow with a short Bobtaile and a pece cropt out of ye End of her Neare Eare and a Small pece cut oute of ye under Sid of her Eare and (no owner appearing), Sbe was proceeded with as a Stray on ye 29 of ye mouth. She was apprised at six pounds and ye dam- age at five shillings."

" December ye 8th, 1742.

" Then taken np In Damage pesant, Imponnded and Strayed, A Gray Mare Judged to Be aboute 13 years old. She hath a halfe peny cut ont off one of her Ears. Said mare was apprised at Six ponnds in old ten. nor."

' DRACUTT, Sept. ye 7th, 1738.

" Then taiken np in Damage pessant (and proceeded with as a Stray), A Bay Hors Colt With a Black mane and tale and a Small white Speck on his Nose, he hath one Wall ey ; he Is Judged to Be about two years old."

" DRACUTT, November ye 19, 1748.

" Then taken up and Strayed, a Brown Cow, coming in Six years old with the Top of the neer Eare cntt off, and a half-peney cutt ont of the under side of Both Eares, and white under the belly, and the bind feet white, and the Top of Both Horns cutt off, and a Large Long taile, and the hair of the Eand of the Tayle white, no other marks natural or arti- ficial to be Discovered."

"DRACUT, Marclı 31st, 1740.

" At a general Town Meeting of the Inhabitants of the Town of Dra- cutt, a vote was passed that Swine should go at large in the said Town, this present year."

EARLY INDUSTRIES .- In 1816 several new mills were built in this vicinity, which contributed very

much to the convenience and prosperity of the inhab- itants of Dracut. A saw and grist-mill was built at Pawtucket Falls by Luke Bowers & Sons, a grist-mill on the locks and canals on Merrimack River by Nathan Tyler, and a saw-mill on Beaver Brook by Moses Hale. 1.

PERAMBULATION OF THE BOUNDARY BETWEEN DRACUT AND DUNSTABLE. Decembr In ye year 1723.

"Renewing the bounds between Dracut and Dunstable by order of the selectmen of Each town, beginning at a pine tree on the North sido of beaver Brook in sight of sd Brook, being marked and lettered with E, it being fallen down we have Laid stones about it from thenco Running Soutbard by the old marked threes, many of them Lettered wth D D til we came Near to a place Called Stone . Dam, then Not finding the old bounds, wo agreed both parties to mark a pine wh stands on the East Side of beaver Brook, fonr Rods from sd Dani, wh tree is Lettered wth D D and stands by it wh frsd tree & Stone both parties a Greed to be a bound between sd Town from sd bound tree Running Southward to a pine tree marked and Lettered D D. So Running to a pine marked and stones about it Near to a pine tree wh is called the Sontleast augle of Henry Kimbles farm & front sd pine tree we Renewed the old bounds to Long pond then Running by the pond Part of the way to an oak tree then the sd bound Lost both Comittyes a Greed upon a Line off marked trees Crag Rock to be the bounds between sd towns wh trees are lettered wth D. D. and then we Renewed the old bonnds to marrimac River, this is our mutual agreement that the sd lines shall stand good for Ever, and it is a Greed that the bounds wh is mentioned shall be en- tered in Dunstable and Dracut Town Books.

"THOS. VARNUM, " JOSEPH VARNUM, "SAMI. COLBURN.

"Being the whole of the Comity of Dracut.

" JOSEPH BLANHARN, his

" JOSEPH X BUTTERFIELD. mark

"Being the major part of the Comity of tho town of Dunstable ap- pointed for sd work.

"SAMUEL DANFORTH,

"Surveyor."

"BILLERICA GREAT BRIDGE."-On the Boston road, at Billerica, near the old fordway, was erected the first bridge over the Concord River previous to 1658. In 1662 it was removed higher up the river, and again in 1699 it was removed and built over at the place where it now stands. It was built and sup- ported at the joint expense of Chelmsford, Groton, Dracut, Dunstable, Westford and Billerica; Groton obtained an act of exemption in 1699. The other towns petitioned that the act might be repealed and the General Court referred the whole matter to the Court of Sessions, from which Groton obtained a de- cision in their favor in 1716. Dracut and Dunstable were holders until 1737, and Chelmsford till 1792, at which time the whole expense was assumed by Bil- lerica.2

Historians differ somewhat in their dates, but all agree upon the main facts. The following is from Butler's "History of Groton :"

" About the year 1672 a committee was chosen in Groton, to meet with Concord and Clielmsford meu, to lay out the way to tho Bay-or the Bay Road. This Bay road lay through Chelmsford and Billerica. The bridge over Concord river was built at the expense of Billerica, Chelmsford, Groton, Dracut & Dunstable, and supported by those towns for many years."

1. Allen, 86. 2 Allen, 76.

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HISTORY OF MIDDLESEX COUNTY, MASSACHUSETTS.

The town of Dracut voted, May 22, 1738, to pay to John Varnum the sum of £6 " for his Servis and Ex- penses In Gitting the Town free from Charg of Bil- lirica Bridg." This bridge, built over the Concord River, on the main road to Boston, was almost indis- pensable to the towns required to build and support it for many years, as Boston afforded the only market for the products of their farins, and over this bridge must pass all their traffic, besides all the goods for the supplies of the country stores north of Billerica. And up to the time when the Middlesex Canal was constructed (incorporated in 1793, and opened for service in 1803, at a cost of $500,000), a substantial team of four horses was required to transport the New England rum alone required by the country mer- chants in Chelmsford, Dracut and neighboring towns.

LINE ESTABLISHED BETWEEN NEW HAMPSHIRE AND MASSACHUSETTS .- In 1741, when the boundary line was established between Massachusetts and New Hampshire, a considerable portion of the territory be- longing to Dracut became a part of New Hampshire. This land, with other territory, was, on July 5, 1746, incorporated as the town of Pelham. This divisional line was very unsatisfactory to Dracut on account of the loss of so much of their land, and a committee was chosen to draw up a petition, "setting forth to ye king's most Excellent Majesty the distressed circum- stanees of ye town, and praying that the part of sª town that is taken away by said line may be annexed to ye sª provinec of Massachusetts Bay."

The boundary line was not satisfactory to Massa- chusetts on account of its severing from the State some sixteen towns that had been settled under the original charter. The subject is thus commented upon by the author of " Richardson Memorial :"

" The charter under which Massachusetts was settled by Charles Ist, King of England, to sundry persons, on the 19th of March, 1627-8, con- veyed to these gentlemen, well known as the Massachusetts Company, all that tract of land,-that portion as the earth's surface, extending from a point three miles north of the Merrimack River, and every part of it, to a point three miles south of Charles River, and every part of it, and within these limits from the Atlantic to the Pacific Ocean, or Great South Sea.

"With a view to ascertain the northern limit of this grant, a com- mission was appointed in 1639 by the government of Massachusetts. The limit was found at the outlet of the Lake Winnepiseogee where the Merrimack leaves said lake and where it begins to be tho Merrimack. A certain tree three miles north of this was marked as the northern limit of Massachusetts. It is plain as the day-light that this is the true uorth limit whence the line should run according to the charter.

" One of the last acts of that profligato and irreligious prince, Charles II. was to annul the charter, and thus deprive the people of Massachu- setts of any title to their lands, which were all held under this instru- ment. It was a most wickod and flagitious proceoding, though done under the forms of law, in the Chancery Court of England, Oct., 1685.

"The rights and liberties of Massachusetts now lay prostrate in the dust. The government of New Hampshire, taking advantage of this unhappy state of affairs-for the new charter of 1692 did not recognize the old boundaries as established in 1628-after many efforts continued through a score of years, at length prevailed on the Privy Council of England to issne the order referred to in the text. And thus, by a mere stroke of the pen, Massachusetts was shorn of a large portion of her heritage, of which she had full possossiou more than a century."

John M. Varnum, Esq., a native of Dracut, but now a resident of Boston, who has paid inuch atten-

tion to the history of the town, in a communication to the Lowell Courier, some time since, gave the follow- ing interesting facts upon this subject :

"The writer possessos a copy made in 1741 of this original survey, which gives the shape of the original town of Dracutt pretty much like a club foot, with the toes towards New Hampshire. A later plan, made in October, 1791, by Frederic French, surveyor, shows the foot lopped off as far as the instep, and the northern line of tho town following almost parallel with the Morrimack River. This reduced the town to 16,000 acres.

" It is a curious incident in the history of this ancient town, which lias lost so much territory of lato years by being absorbed into the city of Lowell-over one hundred and twenty years its junior-that its first dismemberment was the result of what was regarded as the arbitrary act of the King of Great Britain in changing the line between the two provinces of New Hampshire and Massachusetts Bay. This led to an emphatic protest on the part of the town, whose petition, dated Dra- cutt, 26th November, 1741, recites :

"'Whereas hy his Majesties late determination of ye northern bound- ary of ye Massachusetts province, the greate part of ye town of Dra- cutt is left out of the Province of Massachusetts Bay to which they al- ways supposed themselves to belong, they then and thereupon voted : That a petition be preferred to ye King's most excellent majesty setting forth our distressed circumstances, and praying that that part of sd town that is taken away by said line, may ho annexed to ye sd province of Massachusetts Bay, and that Mess John Varnum, Darius Richardson and Nathaniel Fox, or any two of them, he a committee and be fully empowered to sign such one petition and prefer it to ye Court of Great Britain in such a way and manner as thoy or any 2 of them shall think most convenient, and in such way and manner for us to appear in all things touching such our petition according to their best discretion.'

"This petition was presented to the Genoral Court, which reported that :

"' The committee appointed on the petition of John Varnum, of Dra- cutt, have taken ye same under consideration and apprehend that for Ending the Difficulty mention in said petition and all Difficulty of ye Sort In any other towns within ye Province Bordering on the Province of New Hampshire, a committee be appointed by the Genl Court to Goe into the said several towns aud Enquire what number of Polls and rate- able Estates is taken off from this Province hy the Lines Lately run Be- twixt said Provinces and make Report thereof to this Court as soon as may be, and That in the mean time the Constables of Dracutt and Not- tingham be released from Charlestown goal.'

" Who the-e constables were or what they did does not appear. No record theroof appears in the town books of Dracutt. It is probable that the town still insisted on its rights and instructed its constables to regard that part of the town thrown into New Hampshire by the new line, as still a part of the original town and under its jurisdiction, although why said coustables should have been arrested by the Massachusetts au- thorities is not evident. On the 20th October, 1742, the town voted ' To act with otlier towns as to grievance in the settlement of the boundary line, and to raise £120 to defray expenses.'

" It is too much of a story to go farther into the history of the above mattor. The controversy raged with considerable bitterness, and led to charges against Governor Belcher and the appointment of a commission to London, letters from which are interesting reading, aud are filed among the archives at our state-house.

" The result was that the act of the King was confirmed hy Parliament, although the line was so badly surveyed as to lead to much controversy, which, even at this late day, is not settled, and is being examined iuto by commissioners appointed by the last legislature of Massachusetts.

"It seems that one of the odd results of this dismemberment of the town was to throw the Ministers' Commons, or land which belonged to the parish as a perquisito of the minister for the pasture of his cattlo or supply of his fuel, into the province of New Hampshire. The town af- terwards was allowed hy an act of the legislature to dispose of this tract with the proviso that the procoeds should be applied to the support of the ministry of the town."

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History of Middlesex County, Massachusetts : with biographical sketches of many of its pioneers and prominent men, Vol. II, Part 67

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