USA > Massachusetts > Middlesex County > History of Middlesex County, Massachusetts : with biographical sketches of many of its pioneers and prominent men, Vol. II > Part 99
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" The Inhabitants of the town are to be limited and sized, in tlio put- ting in of cattle upon the said common in proportion, according to tlie quantity of meadow the said Inhabitants are stated in upon the divi- sion of the meadow, or shall be instated in by purchase hereafter pro- vided they bny with the meadow the liberty of comuionage allotted to such a quantity of meadow as shall be purchased."
It is somewhat difficult to define the bounds of this cow common exactly from the description given in the records, but the following may be considered its general outline : From Weston bound direct to Way- land Centre, thence west of south to the river, and thence again direct to Weston bound.
The following are some of the early laws enacted by the town :
LAWS RELATING TO DOMESTIC ANIMALS .- In 1641 it was ordered that "every one that keeps any hogs more than his own within one fortnight after this day shall rid them out of this town only that for every hog that shall be taken in to be kept by any won more than his own for every week shall pay five sbillings." In 1643 it was ordered " that every in- habitant should drive out his hog every morning into the wood, and when they come home at night to see them shut up safe, or else, if they be about the street, to ring and yoke them." In 1648 it was voted in town-meeting, " that every swine that shall be found of any man out of his own properity, without a sufficient yoke and ring, after the first of March next, the owner thereof shall forfeit for every swine so taken one shilling, and if the swine be yoked and not ringed,
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or ringed and not yoked, then six pence for any swine so taken, beside all the damage done by any such swine." It was also "agreed that all yokes should be under the throat of the swine, and so long as the swine was high and a rope go up on each side to be fastened above, and that swine should not be ac- counted sufficiently ringed if they could root."
In 1643 it was "ordered by the frecmen of the town that ali the cattle within this town shall this summer not be turned abroad without a keeper, and the keeper shall not keep any of the herd in any of the great river meadows, from Bridle Point downwards towards Con- cord, the intent of the order to preserve the river mea- dows." In 1655 it was ordered that " all young, new- weaned calves shall be herded all the summer time."
It was ordered that "every goat that is taken in any man's garden, orchard or green corn shall be im- pounded, and the owner shall pay for any such goat so taken 3 pence."
In 1754 it was voted "that a finc of two shillings be laid upon the owner of any dog or dogs that should cause and make any disturbance at either of the meet- ing-houses on the Lord's day, or Sabbath day, one- half of the fine was to go to complainant aud the other half to the use of the town."
LAWS CONCERNING AMMUNITION AND FIRE-ARMS. -In 1653, "The town appointed Edmund Goodnow and Hugh Griffin to divide the shot and overplus of bullets to the inhabitants, what was wanting in shot to make up out of the overplus of bullets, and the shot and bullets to be divided to each man his due by proportion according to what every man paid so near as they can."
In 1669, " Edmund Goodnow, John Parmenter, Jr., and John Stone were to see to the barrel of powder, to the trial of it, to the headiug it up again, and to take some course for the safe bestowing of it."
The same year the selectmen not only ordered for the providing of a barrel of powder, but a hundred pounds and a half of musket bullets, and a quarter of a hundred of matches. When the third mecting- house was built, it was ordered that there should be in it "a convenient place for the storing of the am- munition of the town over the window in the south- west gable." About that time the towu's stock of ammunition was divided and intrusted to persons who would " engage to respond for the same " in case that it was " not spent in real service in the resistance of the enemy."
The Colonial Court at an early date ordered that " the town's men in every town shall order that ev'y house, or some two or more houses ioyne together for the breeding of salt peetr i' some out house used for poultry or the like." The duty of looking after this matter for Sudbury was assigned to Ensign Cake- bread. The saltpetre thus obtained was for the man- ufacture of gunpowder. In 1645 Sudbury was "frced from ye taking further care about salt peeter houses : : : in answer to their petition."
In 1642 the Court made more stringent the laws previously existing against selling fire-arins to the Indians, exacting a forfeiture of £10 for the sale to them of a gun, and £5 for a pound of powder.
In 1643 the Court ordered "that the military offi- cers in every town shall appoint what arms shall be brought to the meeting-house on the Lord's days, and other times of meeting, and to take orders at farins and houses remote that ammunition bee safely dis- posed of that an enemy may not possess himself of them."
COMMON PLANTING-FIELDS .- In the town's earlier ycars it was the practice to plant fields in common ; and repeatedly in the records are these common fields referred to. These planting-places were situated in different parts of the town : between the old North and South Street in the neighborhood of the Glea- sons, also between Mill Brook and Pine Brook along "the Plain" in the vicinity of the Drapers, and toward the south bound of the town, near the new bridge.
FENCE-VIEWERS AND FENCES .- A good degree of attention was early bestowed by the town on its fences. Several surveyors were appointed each year to look after them; and although the office of " fence-viewer " has now gone into disuse, it was once one of consid- erable responsibility. As early as 1655, "Surveyors were appointed to judge of the sufficiency of the fences about men's particular properties in cases of damage and difference." We read in the records that John Maynard and John Blanford were, a certain year, to attend to the fences "of the field and the cornfield on the other side of the way from the pond to the training place." "Edmund Rice and Thomas Goodenow for all the fences of cornfields from new bridge southward within the town bound."
In 1666 the records state that "Persons were ap- pointed surveyors for this year over the fields where Henry Loker dwells, and the field fences, where Solo- mon Johnson dwelleth." Field fences are mentioned as being on the south side of Pine Brook, also as being between Mill Brook and Pine Brook; also, "upon the hill from the little pond by the dwelling- house of John Blanford unto Mill brook." Several kinds of fences were used. One kind was made by ditching. It was ordered, in 1671, "That all the great river meadows shall be fenced, that is to say that all the proprictors of the great river meadows shall fence the heads or both ends of the meadows, and where it may be necessary, to have a ditch made from the upland to the river at the charge of the squadron that shall lie on both sides of the said ditch according to their benefit." For the upland, also, this mode of fencing was sometimes used. By the roadside, about half-way between Wayland Centre and the Plain, are distinct traces of one of these an- cient fences.
Hedges were semetimes made use of. Mention is made of fences that were to be made up "of good rails
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well set three feet and one-half high or otherwise good hedge well staked or such fences as would be an equivelant the fences to be attended to by April 1st if the frost give leave if not then ten days after." After a certain date all the field fences were to be closed, as is indicated by the following : "It is ordered, that all the fences that are in general fields, in this town of Sudbury, shall be shut up by the 10th May or else to forfeit for every rod unfenced five shillings."
STAPLE CROPS .- Some of the staple crops were Indian corn,-sometimes called by the one word "Indian,"-rye, barley, wheat, peas and oats. Hemp and flax were also raised.
Hay was early a great staple article; this, as we have noticed, the river meadows bountifully pro- duced. To such an extent did this crop abound, that the settlers not only kept their own stock, but they received cattle from abroad.
The time for cutting the meadow grass is indicated by such statements as these. When Sergeant John Rutter hired the Ashen swamp meadow, "he was to cut the grass by the 10th of July, or else it shall be lawful for any other man to cut the said meadow." He was to pay for it that year four shillings and six pence. Such prices as the following are also men- tioned: two bushels of wheat and one bushel of In- dian corn for Long Meadow. Strawberry Meadow was let out the same year, 1667, for one bushel of wheat ; also the minister's meadow in Sedge Meadow was let out for eight shillings to be paid in Indian corn; Ashen Swamp Meadow was let out the same year to Ensign John Grout for three shillings, to be paid one-half in wheat, the other in Indian corn. The meadow on the southeast side of the town was let out to Henry Rice for a peck of wheat. These, we think, were probably common meadows of the town, and let out from year to year.
Measures were taken from time to time for improving the meadow lands. In 1645 a commission was granted by the colonial authorities (Colony Records, Vol. II., p. 99) "for ye btt" & impvng of ye medowe ground vpon ye ryver running by Concord & Sudberry." Later, also in 1671, a levy of four pence an acre was to be made "upon all the meadow upon the great river for the clearing of the river ; that is, from Con- cord line to the south side, and to Ensign Grout's · spring."
CLIMATE .- The following records will serve to in- dicate the character of the climate at that period com- pared with the present. It was at one time ordered by the town that the fences should be set by the 1st or the 10th of April. In 1642 "it was ordered that no cattle were to be found on the planting fields and all the fences were to be up by March 1st."
CARE OF THE POOR .- In 1649 it was ordered that certain persons " have power to speak with Mrs. Hunt about her person, house [or home] and estate, and to take some care for her relief." The following vote was recorded years afterwards: that " Mrs. Hunt
shall have fifty shillings, out of a rate to be made this present February, 1665, this in respect of her poverty." In 1669 [or '67] Mrs. Hunt was to have fifty shil- lings pension paid out of the town rate. In 1673, " because of the poverty of her famely, it was ordered that Mr. Peter Noyes do procure and bring sergeon Avery from Dedham to the Widow Hunt, of this town, to inspect her condition, to advise, and direct, and administer to her relief, and cure of her dis- temper." Ten pounds were also to be put " into the hands of Peter Noyes with all speed to assist Mrs. Hunt with."
About 1663 a contract was made with Thomas Rice to keep a person a year, "if he live as long," for which he was to have five pounds sterling ; and if the person kept had any, or much sickness during the year, the town was to give Mr. Rice " satisfaction to content, for any physic, attendance or trouble." In 1663, £7 were added to the present rate, " for the use of Thomas Tfling's sickness, and to pay for intend- ance of him." In 1664 John White was "exempted from paying his present rate to the town, and also unto the minister." Dr. Loring, in his diary, gives repeated instances of collections taken for the af- flicted in the time of his ministry ; as, for example, in 1750 : " Lord's day, had a contribution for Thomas Saunders, laboring under a severe and incurable cancer; collected £16-8-0." In 1757 or '59, " had a contribution for our brother, Tristam Cheeney. £31 was gathered." About 1762, October 7th, public Thanksgiving : " A contribution was made for the wife of Asahel Knight, of Worcester. £18 was col- lected."
But, while the people, as shown by such instances, were generous to the deserving poor, as a town they took stringent measures for the prevention of pov- erty. This they did, both by discouraging its importa- tion, and by encouraging what tended to thrift. In the records we find the following : " In consideration of the increase of poor people among us, .
as also considering how many poor persons from other towns come in to reside, Ordered, That not any one who owned houses or lands in town should either let or lease any of them unto any strangers that is not at present a town-dweller, without leave or license first had and obtained of the selectmen in a select- men's meeting or by leave had and obtained in a gen- eral town-meeting or otherwise shall stake down, de- positate, and bind over a sufficient estate unto the selectmen of Sudbury, which said estate so bound over unto the said selectmen, that shall be in their the said selectmen's judgment sufficient to have and se- cure the town of Sudbury harmless from any charge that may so come by the said lands so leased, and if any person notwithstanding this order shall lease any houses or lands unto any stranger as above said with- out lisence and giving good security as above said, shall for every week's entertainment of a stranger into his houses or lands forfeit the sum of 19 shillings
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6 pence to the town of Sudbury ; and any person bringing a stranger presuming to come as a truant contrary to order as above said, shall for every week's residence forfeit 19 shillings 6 pence to the town of Sudbury."
In 1683 Mathew Rice was to be warned to come before the town clerk, for admitting to some part of his land Thomas Hedley, who brought his wife and child. Thomas Hedley was also to be warned to quit the town. Another person was cen- sured for "taking in and harboring of Christopher Petingal, who is rendered to be a person of a vicious mature, and evil tongue and behavior, and otherwise discouraging enough." In 1692-93 a law was enacted by the Province, by which towns were allowed to warn away strangers. If the warning was not given within three months, then the parties so far became residents, that, if in need, they were ;to receive assistance from the town. If persons warned did not leave within fourteen days, the constable could re- move them by law. The town repeatedly made use of this power.
Means were also taken for the encouragement of in- dustry.
About 1663 the town voted to grant "Mr. Stearns of Charlestown, ironmonger and blacksmith," certain meadow lands, and " firewood for his family use, and wood for coals for to do the smithy work." He was also to take timber in the commons "to build his house and shop and fencc." A little later Joseph Graves was allowed to take timber to build a house, and part of the land formerly given him to erect a smith shop upon. Also there was granted to Richard Sanger "six acres of meadow, on the west side of the river, upon the condition he stay amongst us to do our smith's work for four years, the time to begin the twenty-fourth day of August, 1646."
EDUCATION .- The following records afford some information concerning early educational advantages. In 1664 "the town promised to give answer at the next meeting whether or no they will accommodate Mr. Walker [with] any lands towards his encour- agement to keep a free school in Sudbury." We infer that Mr. Walker was encouraged in his project by the following report on educational matters rendered in 1680 :
"And as for schools, tho' there be no stated school in this town, for that the inhabitants are so scattered in their dwellings that it cannot well be, yet such is the case that, by having two school dames on each side of the river, that teacheth small children to spell and read, which is so managed by the parents and gov- ernors at home, and prosecuted after such sort as that the selectmen who distributed themselves did within three months last past so examine families, children, and youth, both as to good manners, orderly living, chatcchizing, and reading, as that they re- turned from all parts a comfortable good account of all these matters, and render them growing in several
families beyond expectation, rarely reprovable any- where, encouraging in most places, and in others very commendable, so as that the end is accomplished hitherto. And for teaching to write or cypher, here is Mr. Thomas Walker, and two or three others about this town, that do teach therein, and are ready to teach all others that need, if people will come or send them."
From the report rendered the court for the county of Middlesex, in reference to education in morals, we infer that attention was early turned to that matter. In 1655 persons werc "appointed for to take pains for to see into the general families in town, to see whether children and servants are employed in work, and educated in the ways of God and in the grounds of religion, according to the order of the General Court." The same year John How was "appointed by the Pastor and Selectmen to see to the restraining from the profanation of the Lord's day in time of public exercise."
The stocks were employed as a means of punish- ment. In 1651, "John Rutter promised to mend the stocks." They were used as late, at least, as 1722, when it was voted "by ye town to grant five shillings to bye to pad Locks for ye pound and stocks." This old-time appliance was for a period near the meeting-house, as the records state that in 1681 "Samuel How was to build a new pair of stocks," and was to set them up before the meet- ing-house." In subsequent years, tything-men were appointed, and duly sworn before the selectmen, as the law directed. All these agencies were made use of to maintain a wholesome morality. That they succeeded in accomplishing something, the following from the foregoing report of 1680 indicates : "And the selectmen having also been made acquainted that the court expects their inspection touching persons who live from under family government, or after a dissolute or disorderly manner, to the dishonor of God, or corrupting of youth, the selectmen of the town as above having personally searched and en- quired into all families and quarters, in and about this town, do return this answer, that they find none such amongst us."
Commercial relations were not always carried on by payments in money, but sometimes wholly or in part in produce. Edmund Rice, in 1654, "for service as deputy," was to have "six pounds to be paid in wheat at John Parmenters senior, and so much more as shall pay seven pence a bushell for the carriage of it, to be paid within one week after next Michelmas." For work on the meeting-house, about the year 1688, " he was to have country pay, at country price." The country pay was to be "in good sound merchantable Indian corn, or rye, or wheat, or barley, or malt, or peas, or beef, or pork, or work." At a meeting of the selectmen, Oct. 25, 1678, it was ordered that "Mr. Peter Noyes, Peter Kinge and Thomas Stevens or any of them are appointed to collect of the Inhabitants
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of this town what may be wanted of the sum granted by any person or persons towards the new college at Cambridge in building according to an order by the Gen C .. . " This being attended to, the town re- ceived its discharge.
Sometimes payments were promised either in pro- duce or money, as, in 1696, Benjamin Parmenter was to sweep the meeting-house, from April 1st of that year to April 1st of the next year, " for ten bushells of Indian corn, or twenty shillings in money." Whether Mr. Parmenter was to take which he chose, or the party engaging him was to give which they chose, is not stated. Sometimes the produce was rated, or paid for town rates, in accordance with what the produce was rated or paid for in county rates ; as, in 1673, it was ordered that " all corn or grain, paid into the towns rate for this year, shall be paid in at such prices as the county rate is paid in at for the year." We conclude that the town had the liberty to establish the value of produce that was to pay the town rates; as, for the year 1686, wheat was rated at five shillings per bushel, peas at four shillings, oats at two shillings, Indian corn at two shillings nine pence.
PHILIP'S WAR .- In 1775-76 the people suffered hardship in consequence of King Philip's War. Be- fore the town was invaded by the Indians it rendered valuable assistance to the Colony by the service of Ephraim Curtis, a famous woodsman and scout. He was a carpenter by trade, about thirty-three years of age. He had an intimate acquaintance with the country and its native inhabitants, and could speak their language with fluency. After the breaking out of Philip's War the Colonial authorities, wishing to secure the Nipnet Indians in western and central Massachusetts before they should ally themselves to King Philip, selected Ephraim Curtis for this most important and hazardous enterprise. In the ill-fated expedition sent out to the Nipnet country under Capt. Edward Hutchinson, Curtis went as a guide. When the expedition retreated to Brookfield, and the soldiers were besieged in a garrison-house there, and it was necessary to send some one for assistance, the task fell upon Curtis. The bold adventurer set forth from the garrison, a lone soldier, to rely on his prow- ess and a protecting providence to shield him on his course. Capt. Wheeler, in his official report, states of the affair as follows: "I spake to Ephraim Cur- tis to adventure forth again on that service, and to attempt it on foot as the way wherein was the most hope of getting away undiscovered. He readily as- sented, and accordingly went out ; but there were so many Indians everywhere threatened that he could not pass without apparent hazard of life, so he came back again, but towards morning the said Ephraim adventured forth the 3d time, and was fain to creep on his hands and knees for some space of ground that he might not be discovered by the enemy, but through God's mercy he escaped their hands, and got safely to Marlboro', though very much spent and
ready to faint by reason of want of sleep before he went from us, and his sore travel night and day in that hot season till he got thither." On arriving at Marlboro' he met Major Simon Willard and Capt. James Parker, of Groton, with forty-six men, who were there to scout between Marlboro', Lancaster and Groton. These, on receiving intelligence of affairs at Brookfield, hastened at once with relief. They ar- rived August 7th, just in season to rescue the sur- vivors. After this narration, it is unnecessary to speak of the bravery of this adventurous scout, or the value of his services to the country.
Ephraim Curtis was a son of Henry Curtis, one of the original grantees, and whose house was on the old North or East Street, a little easterly of the Abel Gleason estate. It remaincd standing till within a few years.
When Indian hostilities were imminent, Rev. Ed- mund Brown was active in making preparations for the defence of the people on the east side of the river. In a letter sent to the Governor Sept. 26, 1675, he states as follows : " I have been at a round charge to fortify my house, and, except finishing the two flankers and my gate, have finished. Now, without four hands I cannot well secure it, and if for want of hands I am beaten out, it will be very advantageous to the enemy, and a thorn to the town." The men asked for were granted him ; and his house afforded a place of defence to the inhabitants of that locality, who were directed to resort to it in time of peril. After the war began the meeting-house was made a place of security, and fortifications were constructed about it.
When the hostilities began Mr. Brown sent a letter to the authorities, in which he says: "It is reported that our woods are pestered with Indians. One Adams within our bounds was shot at by a lurking Indian or more. He was shot through the coat and shirt near to the arm-pit. One Smith walking the woods was assailed by 3 or 4 Indians, whom he dis- covered swooping down a hill toward him, but Smith saved himself by his legs. One Joseph Freeman coming up about 4 mile Brook discovered two Indi- ans, one in the path presenting hisgun at him in the way (in a bright moonlight night), but Freeman dis- mounting shot at him, and mounting rode for it. One Joseph [Shaley] coming home from Marlboro' on Thursday last discovered Indians in our bounds, one of which made a shot at him, the bullet passing by him, but being mounted and riding for it he escaped. One Joseph Curtis, son to Ephraim Curtis on Satur- day last heard 3 volleys of shot made by Indians be- tween us and Watertown. This being to long, Ensign Grout can give a full narrative to your Honor and Councill. The consideration of all which I hope will excite you : : : to order that these woods may be scoured and that our town of Sudbury a frontier town may be enabled to contribute aid therein and defend itself with its quantity of men, I humbly move. And
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