History of Middlesex County, Massachusetts : with biographical sketches of many of its pioneers and prominent men, Vol. II, Part 90

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 90

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" Whereas a great part of the chief inhabitants of Watertown have pc- titioned this Court, that in regard to their straitness of accommodation, and want of meadow, they might have leave to remove and settle a plan- tation upon the river, which runs to Concord, this Court, h wing respect to their necessity, doth grant their petition, and it is hereby ordered, that Lient. (Simon) Willard, Mr. (William) Spencer, Mr. Joseph Weld and Mr. (Richard) Jackson shall take view of the places upon said river, and shall set out a place for them by marks and bounds sufficient for fifty or sixty families, taking care that it be so set out as it may not hinder the settling of some other plantation upon the same river, if there be meadow, and other accommodations sufficient for the samc. And it is ordered, further, that if the said inhabitants of Watertown, or any of them, shall not have removed their dwellings to their said new plantation, before one year after the plantation shall be sot ont, that then the interest of all such persons, not so removed to the said plantation, shall be void and cease, and it shall be lawful for such as are removed and settled there, or the greater part of them, being freemen, to receive other persons to inhabit in their

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HISTORY OF MIDDLESEX COUNTY, MASSACHUSETTS.

rooms, in the said plantation ; provided, that if there shall not be thirty families at least there settled before the said time limited, that then this Court, or the Court of Assistants, or two of the Council, shall dis- pose of the said plantation to any other. And it is further ordered. that after the place of the said plantation shall be set out, the said petition- ors, or any such other freemen as shall join them, shall have power to order the situation of their town, and the proportioning of lots, and all other liberties as other towns have under the proviso aforesaid. And it is lastly ordered, that sneh of the said inhabitants of Watertown, as shall be accommodated in their new plantation, may sell their houses and im- proved grounds in Watertown ; but all the rest of the laud in Water- town, not improved, shall remain freely to the inhabitants, which shall remain behind, and such others as sliall come to then.

" And the said persons appointed to set out tho said plantation, are di- rected so to set ont the same, as there may be 1500 acres of meadow al- lowed to it, if it be there to be had, with any convenienee, for the use of the town." (" Colony Records," vol. i. p. 210.)

The Court, having granted the request for a planta- tion at Sudbury, allowed the petitioners to go on with their work, and appointed a committee to establish the bounds and make an allotment of land.

The land first appropriated was supposed to com- prise a tract about five miles square. It had for boundaries Concord on the north, Watertown (now Weston) on the east, and on the south a line running from a point a little east of Nobscot Hill along the present Framingham and Sudbury boundary direct to the Weston town bound, and on the west a line two miles east of the present western boundary.

The second grant was of an additional mile. This was allowed to make up a deficiency in the first grant, which deficiency was discovered on making a survey a few years after the settlement began, and it was petitioncd for May 13, 1640. The petition was for a mile in length on the southeast and south- west sides of the town ; and it was allowed on condi- tion that it would not prevent the formation of another plantation, " or hinder Mrs. Glover's farm of six hun- dred acres formerly granted." (Colony Record, vol. i. p. 289.)

The third tract was granted in 1649. It contained an area two miles wide, extending along the entire length of the western boundary. The Colony Record concerning this grant is : "That 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." (Vol. ii. p. 273.)

Besides these three grants there were others made to individuals. One of these was to William Browne, of which the record is as follows: "In answer to the petition of Wm Browne ffor two hundred acrs 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 grannted ; viz., 200 acts of land to be layed out to him wthout the west lyne of Sudbury, by Capt. Simon Willard & Seargeant Wheeler." All this land was probably in that part of Sudbury which is now Maynard. The first tract for the plantation was purchased in 1638 of Karte, the Indian proprietor, and it has been supposed that

a deed was given ; but this is not essential as evidence of the purchase, since, in the decd given by Karte for land subsequently bought, he acknowledged the sale of the first tract in the statement that it was sold to "George Munnings and to the rest of the planters of Sudbury." In this first bargain of real estate it is supposed that Mr. Munnings acted as agent for the settlers, and that he, together with Brian Pendleton, advanced the money for payment.

The second tract was also purchased of Karte, who gave a deed, of which the following is a true copy :

INDIAN DEED.

" Bee it known vnto all men by these presents that I Cato otherwise Goodman for & in consideration of fyve pounds weh I have received In commodities & wompumpeage of Walter Hayne & Hugh Griffin of Sud- bury in behalf of themselves & the rest of the planters of Sudbury ; doe this my write in give & grant bargain & sell vnto the said Walter Hayne --- (Haine)-& Ilngh Griffin & the said planters of the town of Sudbury so much land southward & so mueh land westward next adjoining to a tract of land wch I said Cato formerly souled vnto George Munnings & the rest of the planters of Sudbury as may make the bounds of the said town to be full fyve miles square wth all meadows, brooks, liberties, priv- iledges & appertenances thereto belonging wth all the said tract of land granted. And I grant vnto them for me & mnine heirs & brethren that I & they shall & will at any tyme make any further assurance in writing for the more p'ft assuring of the s'd land & all the premises wth the appertenances vuto the s'd Walter Haine & Hugh Griffin & the Sd planters & their successors forever as they shall require.

" In witness whereof I herevnto put my hand & seal the twentieth day of the fourth mouth one thousand six hundred forty eight.

"Sigued sealed and delivered in the preseuee of

" EMMANUEL DOWNING EPHRAIM CHILD CUTCHAMCKIN [mark] JOJENNY [mark]

brothers of Cato

"This deed was sealed & acknowledged iby the sd Cato (who truly understood the contents of it the day & year above written) Before mee.

"JOHN WINTHROP, Governor. " Registry of Deeds "Suffolk Co. Mass."

The deed for the land last granted, or the two-mile tract to the westward, is on record at the Middlesex Registry of Deeds, Cambridge, and the following is a true copy of a portion of it :

" For as much as the Gen1 Court of the Massachusetts Colony in New Englaud hath formerly granted to the Towne of Sudbury in the County of Middlesex in the same Colony, an addition of land of 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, Leif Josiah Haynes, Jobn Goodenow, John Brigham & Joseph Freeman to be a comittee for themselvs & for all the rest of the English proprietors thereof, giving them their full power to treat with & to purchase the same of the Indian proprietors of the sd tract of land & to satisfy & pay them for their native, ancient & hereditary right title & intrest thereunto.

" Know all People by these presents-That wee, Jehojakim, John Magus, John Muskqua & his two daughters Estlier & Rachel, Benjamen Bohue, Jobn Speen & Saralı his wife, James Speen, Dorothy Wennetoo, & Humphrey Bohue her son, Mary Neppamun, Abigail the daughter of Josiah Harding, Peter Jethro, Peter Muskquamogh, John Boman, David Manuoan & Betty who are the ancient native & hereditary Indian proprietors of the aforesd two miles of land (for & in consideration of tho just & full sum of twelve pounds of current mony 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 and of the rest of the English possessors, occupiers, proprietors & fel- low-purchasers) the receipt whereof they do hereby acknowledge &

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therwith to be fully satisfied, contented & paid & thereof and of every part & parcell thereof they do hereby for themselvs & their heyrs Exe- entors Administrators & assigns clearly fully & absolutely release, ac- quitt exonerate & discharge them & all the English possessors, occupiers, proprietors & fellow-purchasers of the same & all & every one of their heyrs Executors, Administrators, Assigns & successors forever) Have given, granted, bargained, sold, alliened, enseossed, made over & cou- firmied. & by these presents, do give, grant, bargain, sell, alien, enseosse, make over, confirme & deliver all that their sd tract & parcells of lauds of two miles (bee it more or less scituate lying & beiug) altogether in one entire parcell in the s' Towu of Sudbury in the County of Middle- sex aforest & lyeth al along throughout on the westerne side of the old five miles of the sd Towne & adjoyneth therennto (together with the farme lauds of the heyrs of William Browne that lyeth within the same tract, unto the sd Capt. Edmond Goodenow, Leif Josiah Haines, John Grodenow, John Brigliam & Joseph Freeman & unto all & every one of the rest of the English possessors, occupiers, proprietors & fellow-pur- chasers 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 hntted & bonnded northerly by the line or bonnds of the Towne of Concord, Westerly by the line or bounds of the Towne of Stow & is bounded southerly & partly westerly by the lands of Mr Thomas Danforth. .

" Furthermore wee the above named Indian Grantors do hereby oblige & engage ourselves all and every one of our lieyrs executors Admrs as- signs & enccessors unto the sd English possessors occupiers & proprietors & fellow-purchasers & to all and every one of their heyrs executors ad- ministraters and assigns that wee and every one of ns & ours as aforesd shall & will from time to time & at at all times readily & effectually do (at our own propper costs and charges) or cause to be su done auy other or further act or acts thing or things that the law doth or may require for more sure making and full confirming of all & singular the hereby granted premises unto the sd Edmond Goodeuow, Josiah Haioes, John Goudenow, John Brigham & Joseph Freemau & unto all & every oue of the rest of the English possessors, occupiers proprietors and fellow- purchasers of the premises & uuto all & every one of their heyrs exec- utors administrators and assigns for ever. In Witness whereof the above named Indian Grantors have hereuuto 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 hundred eighty & four. Annoqe Regni Regis Caroli Secundi XXXV1.

"JEHOJAKIM his mark X for himselfe & by order of & for John Buman & seale.

JOHN MAGOS for himselfe & by order of & for Jacob Magos his father & seale.

MusQUA JOHN & for his two daughters Rachel & Esther & seale.

JOHN SPERN his marke | & for & by order of Sarah his wife & eeale.

ABIGAIL Daughter of Josiah Harding and his sole heyr (=> her marke and seale. O

SARAH Cher marke who is the widdow of Josiah Harding aud mother of sd Abigail & her Guardian.

PETER MIUSQUAMOG + his mark and seale.

BENJAMEN BOHEW his R marke and scale.

DOROTHY WENNETO her O marke and seale. MARY NEPAMEN he Q mark and seate.

BETTY her ) marke & scale PETER JETHRO & a seale

JOHN > BOMAN his marke & seale JAMES SPEEN & seale

"Cambe 15 Octob 1684 All the persons that have signed & sealed this instrument appeared before me this day & year above written & freely acknowledged this writing to be their act and deed

" DANIEL GOOKIN Sen' Assist.

"Endorsement-All the Grantors of the instrument within written bezinning with Jehojakim & ending with Peter Muskquamog did sign seale & deliver s4 instrument in presence of us.

" JOHN GREENE- JAMES BERNARD-

" Moreover wee underwritten did see Benjamin Bohew Dorothy Wan- neto & Mary & Betty Nepamunn signe seale & deliver this instrument the 1su day of Octob 1684. "ANDREW PITTAMEE " his marke

JAMES RUMNY marke SAMUEL GOFF, JAMES BARNARD DANIEL SACOWAMBATT

" Febr 1, 1864 Memorandum-Wee whose names are underwritten did see l'eter Jethro signe & seale & deliver ye within written instrument

" JAMES BARNARD- STEPHEN Q2 GATES his marke

"Peter Jethro, Indian, appeared before me the fifth day of February --- 1684 & freely acknowledged this writing within to be his act & deed & ythe put his haud & seale thereuuto. DANIEL GOOKIN Sent Affift.

"John Boman did signe seale & deliver the within written deed the 23 : of February in the year of our Lord one thousand six hundred eighty and four in presence of ns

"JOHN BALCOM -

+ SAMUEL FREEMAN his marke.

" James Speen & Joli Bowman appeared before me in court at Natick & acknowledged they have sigued & sealed this instrument among others May 13th 1684. JAMES GOOKIN Sent Affist.

"Roxbury April 16. 85.

" Charles Josias, Sachem of the Massachusetts, having read & consid- ered the within written deed with the consent of his Guardians & Conn- cellors underwritten doth for himself & his heyrs allow of, ratify & con- firm the within written sale to the Inhabitants of Sudbury & their heyrs for ever, the lands therein bargained & sold. To have & to hold to the s'd Indabitants of Sudbury their heyrs and assigns for ever & hath hereunto set his haud & seale the day above written.

"CHARLS A JOSIAS hie marke & Seale " Allowed by us WILLIAM STOUGHTON

JOSEPH DUDLEY S ye Sachem

Guardians to)

ROBERT 8 MONTAGUE. WILLIAM W. ANOWTON

" Recorded 19. 3. 1685

" by THO. DANFORTH Recorder.

" A truo copy of record Book 9 Pages 344 to 352 inclusive

" Attest CHAS B STEVENS Reg."

From lands thus allowed, the Plantation of Sud- bury was formed. It required, however, more than the allowance and laying out of the land and the settlement of it to make it a town. A separate act of incorporation was necessary to complete the work. This was done September 4, 1639, when the Court ordered that "the newe Plantation by Concord shall be called Sudbury." (Colony Records, Vol. 1, p. 271.)

The name ordered by the Court is that of an old English town in the county of Suffolk, near the parish of Bury St. Edmunds, at or near which place it is supposed the Browns may have dwelt. It is not im- probable that the name was given by Rev. Edmund Brown, the first minister of Sudbury, who sold lands in the district of Lanham to Thomas Read, his nephew, and who, it is supposed, may have also named that locality from Lavenham, Eng., a place between Sudbury and Bury St. Edmunds. The place, though spelled Lavenham, is pronounced Lannam in England (Waters). The proximity of Sudbury and Lavenham, Eng., to what was probably the original home of Mr. Browue, together with the fact that he was an early owner of the lands at Lanham, and a prominent man at the settlement, affords at least a strong presumption that Mr. Edmund Browne named both Sudbury and Lanham.

The settlement of the town began on the east side of the river. The first road or street, beginning at Watertown (now Weston), extended along a course of about two miles; and by this the house-lots of the settlers were laid out and their humble dwellings stood.

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HISTORY OF MIDDLESEX COUNTY, MASSACHUSETTS.

TOWN-MEETINGS .- Until as late as the nineteenth century the town-meetings were held in the ineeting- house. After the meeting-house was built sometimes they were held iu a private house or at the "ordi- nary." As for example, Jan. 10, 1685, and again Feb. 18, 1686, there was an adjourmment of town- mecting to the house of Mr. Walker, "by reason of the extremity of the cold." In 1764 the town ad- journed onc of its meetings to the house of " William Rice, innholder." In 1782, "adjourned town-meet- ing to the house of Mr. Aaron Johnson, innholder in sª town." After the division of the town into the East and West Preciucts, the town-mectings alternated from the east to the west side.

In 1682-83 the time of meeting was changed from February to October, the day of the week to be Mon- day.

The reason of this change may be found in the fact that it was difficult at some seasons to make a journey to the east side meeting-house; the passage of the causeway was occasionally rough, and town action might be thereby delayed or obstructed. The meeting was for a period warned by the Board of Selectmen. At the date of the change just mentioned, it "was voted and ordered, that henceforth the select- men every year for the time being shall appoint and seasonably warn the town-meeting; " but afterwards this became the work of the constables. In the warning of town-meetings at ore period, the ".Old Lancaster Road " was made use of as a partial line of division. A part of the constables were to wain the people on the north side of the road, aud a part those on the south side.

The town-meeting was opened by prayer. There is a record of this about 1654, and presumably it was practiced from the very first. At an early date voting was sometimes done by " dividing the house," each party withdrawing to different sides of the room. An example of this is as follows : In 1654, at a public town-meeting, after " the pastor by the de- sire of the town had sought the Lord for his blessing in the actings of the day, this following vote was made, You that judge the act of the selectmen in sizing the Commons to be a righteous act, discover it by drawing yourselves together in the one end of the meeting-house." After that was done, "It was then desired that those who are of a contrary mind would discover it by drawing themselves together in the other end of the meeting-house."

In these meetings, marked respect was usually had for order and law. We find records of protest or dissent when things were done in an irregular way, as for instance, iu 1676, we have the following record : "We do hereby enter our Decent against the illegal proceedings of the inhabitants of the town

for the said proceedings have Ben Directly Contrary to law. First, That the Town Clerk did not Solemnly read the Laws against Intemperance and Immorality as the Laws Require." Mention is also made of

other irregularities, and to the paper is attached a list of names of prominent persons.

The town officers were mostly similar to those elected at the present time. At a ineeting of the town in 1682-83, it was ordered that the town-meeting "shall be for the electing of Selectmen, Commission- ers and Town Clerk." Names of officers not men- tioned here were "Constables, Invoice Takers, High- way Surveyors and Town Marshal." About 1643, the persons chosen to conduct the affairs of the town were first called selectmen. The number of these officers varied at different times. In 1646 there were seventeen selectmen.

The service expected of the selectmen, beside being custodians at large of the public good, and acting as the town's prudential committee, were, before the appointment of tithingmen (which oc- curred first in Sudbury, Jan. 18, 1679), expected to look after the morals of the community. This is in- dicated by the following order : At a meeting of the inhabitants, Jan. 18, 1679, " It is ordered, that the selectmen shall visit the families of the town, and speedily inspect the same, but especially to examine children and servants about their improvement in reading aud the catechism. Captain Goodnow and Lieutenant Haines to inspect all families at Lanbam and Nobscot and all others about there and in their way, and these are to return an account of that matter at the next meeting of the selectmen, appointed to be on the 30th of this instant January." We infer from certain records that the selectmen's orders were to be audibly and deliberately read, that the people might take notice aud observe them.

The officials known as "highway surveyors" had charge of repairs on town roads. This term was early applied, and has continued in use until now. As early in the records as 1639, Peter Noyes and John Parmenter are mentioned as surveyors.

The business of town clerk, or "clark," which office was first held in Sudbury by Hugh Griffin, is shown by the following extracts from the town-book : " He is to take charge of the records and discharge the duties of a faithful scribe." " To attend town-meeting, to write town orders for one year, . . . for which he was to have ten shillings for his labor." In 1643 he was "to take record of all births and marriages and [deaths], and return them to the recorder." "It is a'so agreed that the rate of eight pound 9 shillings [be] levied upon mens estate for the payment of the town debt due at the present, and to buy a constable's staff, to mend the stocks, and to buy a marking iron for the town, and it shall be forthwith gathered by Hugh Griffin, who is appointed by the town to receive rates, and to pay the town's debt." (Town-Book, p. 75.) Feb. 19, 1650, Hugh Griffin " was released from the service of the town." The work that he had to per- form was "to attend towu-meetings, to write town or- ders, to compare town rates, to gather them in, and pay them according to the town's appointment, and to

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sweep the meeting-house, for which he is to have fifty shillings for his wages."

Other officers were "commissioners of rates," or "invoice-takers." These corresponded perhaps to " assessors," which term we find used in the town- book as early as the beginning of the eighteenth cen- tury. The office of marshal was the same as that of constable. There is the statement on page 34 " that there shall be a rate gathered of ten pounds for the finishing of the meeting-house, to be raised upon meadows and improved land, and all manner of cattle above a quarter old to be prized as they were formerly prized, the invoice to be taken by the marshall."

At an early period persons were appointed for the special purpose of hearing " small causes." In 1655 " Lieutenant Goodnow, Thomas Noyes and Sergeant , Groute were chosen commissioners to hear, issue and end small causes in Sudbury, according to law, not exceeding forty shillings."' In 1648 Peter Noyes was " to see people ioyne in marriage in Sudbury." (Colo- nial Records, p. 97.)

In the early times towns could send deputies to the General Court according to the number of their in- habitants. Those that had ten freemen and under twenty, could send one ; those having between twenty and forty, not over two. (Palfrey's History.)

We infer that if a person was elected to any town office he was expected to serve. It is stated in the records of 1730, that David Rice was chosen con- stable, and "being called up [by] the moderator for to declare his exception, or non-exception, upon which David Rice refused for to serve as constable, and paid down five pounds money to sd town, and so was dis- charged."

Having considered the nature of the town-meeting, the place where works of a public nature were dis- cussed and decided upon, we will now notice some of the works themselves. First, Highways, the Cause- way and Bridge.

HIGHWAYS .- In providing means for easy and rapid transit, it was important for the town to make haste. Indian trails and the paths of wild animals would not long suffice for their practical needs. Hay was to be drawn from the meadows, and for this a road was to be made. Another was to be made to Concord, and paths were to be opened to the outlying lands. The first highway work was done on the prin- cipal street, which was doubtless at first but a mere wood-path or trail. An early rule for this labor, as it is recorded on the Town Records, Feb. 20, 1639, is as follows : "Ordered by the commissioners of the town, that every inhabitant shall come forth to the mend- ing of the highway upon a summons by the survey- ors." In case of failure, five shillings were to be for- feited for every default. The amount of labor re- quired was as follows :

" 1st. The poorest man shall work one day.

"2nd. For every six acres of meadow land a man hath he shall work one day.

"3d. Every man who shall neglect to make all fences appertaining to his fields by the 24th of April shall forfeit five shillings (Nov. 19th, 1639)."

Highways and cart-paths were laid out on both sides of the meadows at an early date. The town records make mention of a highway " from below the upland of the meadow from the house-lot of Walter Haynes to the meadow of John Goodnow, which shall be four rods wide where it is not previously bounded already, and from the meadow of John Goodnow to the end of the town bound." Also of a highway on the west side of the river, "between the upland and the meadow six rods wide from one end of the meadow to the other." These roads, we con- jecture, have not entirely disappeared. On either side the meadow margin, a hay-road, or "right of way," still exists. It is probable that the town way called " Water Row " may have been a part of those early roads.

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History of Middlesex County, Massachusetts : with biographical sketches of many of its pioneers and prominent men, Vol. II, Part 90

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