History of Norfolk County, Massachusetts, with biographical sketches of many of its pioneers and prominent men, Part 131

Author: Hurd, D. Hamilton (Duane Hamilton) ed
Publication date: 1884
Publisher: Philadelphia, J. W. Lewis & Co.
Number of Pages: 1534

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In case the committee should reject applicants the right of appeal to the town was reserved to them.

It will be noticed that in this legislation in the Dedham town-meeting, it was especially provided that the Indian title to the lands at the place intended for the new plantation should be extinguished by pur- chase. As early as 1629 the Governor of the New England Company advised the Governor and Council for London's Plantation, in the Massachusetts Bay, that "if any of the savages pretend rights of inher- itance to all or any part of the lands granted in our patent, we pray you to endeavor to purchase their title, that we may avoid the least scruple of intrusion." And in a second communication similar advice was repeated. In the year 1652 the General Court sol- emnly resolved, " that what lands any of the Indians within this jurisdiction have by possession or im-

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provement by subduing of the same, they have just right thereunto according to that in Genesis 1 and 28, and chapt. 9, 1, and Psalms 115, 16."

In 1662, Timothy Dwight and Richard Ellis made a report of their doings in extinguishing the Indian title to the Wollomonopoag lands. The substance of this report was, that by the assistance of Capt. Wil- lett, they had obtained, under the hand and seal of the sagamore, a release from the Indians of their title to six miles square of land, the captain making the payment of the consideration on behalf of Ded- ham. Upon reading of this report, the town voted a letter of thanks to the captain for his kindly services, and that he be requested to procure a deed, signed by the sagamore, that may be sufficient according to our laws. It was also voted that a rate be made upon cow-commons to pay the captain £24 10s. for the purchase of the lands.

Dorchester at this time extended from its northern line, at Boston, nearly to Rhode Island, and Rehoboth included Attleborough and Cumberland, now in Rhode Island. It is said that the above-named south line ran from the southwest corner of the present township of Walpole southwesterly, south of the Maj. Mann house (now S. W. Grant's), and northerly of Turner's Mill (now Hawes'), crossing Thurston Street north of Mr. Hodges' house, and Madison Street a little south of Mrs. Gage's house, and then continuing in the same course over Line Hill to the end of Dorchester line as above. This was the line until 1753, when a gore of land on the southeast line was annexed to Wrentham.

In this same year (1661-62) the proprietors voted to sell their rights to lands in Wollomonopoag for one hundred and sixty pounds, to persons fit to carry on the work in church and state, provided the plantation be entered on within two and one-half years.

Wollomonopoag seemed now in a fair way of being planted. Two years had now elapsed since the good people of Dedham began to agitate the question. The place had been viewed, as they expressed it, favorable report had been made, and the fathers of the town had given it their cautious approval. Some few persons had already broken ground and made im- provements, and these were recognized in after divis- ions of the land. It seemed, therefore, that the set- tlement had begun to exist. But difficulties were started, and those who had intended to go from Ded- ham to live at Wollomonopoag asked for a meeting of the proprietors, " that then and there such questions may be answered as shall be proposed."

Accordingly, a meeting is called for the 12th of Eleventh month, 1662 (January), "to attend the propositions of such brethren and neighbors as have intended to go to Wollomonopoag." The proprietors " presented a paper of some considerations." A. con-

In 1661 the boundaries of the plantation were es- tablished at a general meeting of the town (Dedham) | ference ensued between the proprietors and the pro- as follows: "It is ordered that the bounds of the plantation at Wollomonopoag shall be upon Stop River towards the East, beginning at Medfield bounds, and so all along as the river lies, up stream until it comes about half a mile above the falls in that river, near about where the path to that place at present lies, and from thence Southward to Dorchester line; and the West bounds shall be at or about the end of five miles from one of the ponds in Wollo- monopoage, to be a line running parallel with the line at the East end of the plantation, Always provided that it extend not to any lands but such as are at present our own; And the south bounds shall be Dorchester line, and the North bounds shall be Med- field bounds in part and Charles River in part."

posed colonists. The committee of the latter were Anthony Fisher, Robert Ware, Richard Ellice (Ellis), Isaac Bullard. Their statement was, that ten men had been accepted by them to go to Wollomonopoag, and had agreed with the proprietors about their rights there, but that this number is not sufficient for encouragement to goe on with the plantation. But, further, if they have sufficient encouragement to goe on, they will pay the money rate of any of the propri- etors who remain in Dedham, with whom they have agreed or can agree, and that they " are not in a ca- pacitie to settle rights of those who have not sub- scribed." And, " all things considered, as they are now circumstanced, they cannot go on to make a plantation as the town intended, . . . that although they are not free," yet they are not desirous to leave the world altogether, " but are willing to proceed, if the town will enable us to proceed in a safe way." That they have been at charges in making improve- ments there, and are not able to bear burthens here 1 (Dedham) also, and desire the town would relieve them. The proprietors, in answer, propose to lay out to each proprietor in town his part proportionably, in that six hundred acres for a plantation as first in- tended, by which means they say possibly they, the ! colonists, may be supplied, each man being left to bargain for himself. And secondly, that payment [ should be made for their improvements, if their im- proved parcels should fall to others in the drawing of lots, or compounded some other equal way, or they be allowed to retain those parcels with the lots they might draw. Hereupon others who had intended " to go to Wollomonopoag," did disown what the four

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men (committee) had subscribed unto, and accounted themselves not at all engaged thereby, "but agreed to sit down by the advice of the major part of the pro- prietors." These were Nath. Whiting, John Kent, Nath. Bullard, James Thorpe, John Evered, Robert Freeman, Nath. Stearns, Dan Makiah, Samuel Fisher, Job Littlefield, Job Perry, Samuel Parker, Cornelius Fisher.

It thus appears that the whole number of men who proposed to settle at Wollomonopoag was twenty- three. But they conceived they had poor encourage- ment from the parent town. Their isolated condition in this wilderness was intensely real to them, and they gave utterance to their feelings in the declaration that they " did not wish to leave the world altogether." Moreover, Capt. Willett's bill had not yet been paid, although the selectmen, being also a committee having charge of the Wollomonopag affairs, on the 27th of February, 1662, "doe judge it meet that the case should speedily come to an issue and resolution that so the engagement to Capt. Willett may be performed and our own future power be settled and continued."

On the 2d of March, 1663, the proprietors resolved by unanimous vote that they " could not advise the parties to proceed to make it a plantation, all things considered, as they are now circumstanced." But they voted " that the charges of those persons who had been accepted by the committee, which they had necessarily expended upon breaking up of lands at Wollomonopoag, should be reasonably and equally satisfied." Thus, it seems, the first attempt at settle- ment had failed.

At the same meeting, however (March 2, 1663), the proprietors took a decisive step (one consideration being Capt. Willett's bill yet unpaid, for the payment of which a tax had been ordered, as before stated, some of the proprietors refusing to pay on the ground that those who were to have the lands should pay for them), viz., they voted " that there shall be six hun- dred acres of land layed out at Wollomonopoag for a general divident, that so every proprietor may have his proportion therein, according to the general rule of division of lands ; and the six hundred acres to be layed out with as much convenience as may be with reference to a plantation, if the Providence of God shall make way thereunto, viz., that the six hundred acres shall be such lands as to be so laid out for house- lots, and all highways, officers' lots, burial-place, and training-grounds. And all other lands necessary to be reserved and used for all public uses within the trat (tract) of the town shall be over and above the six hundred acres before mentioned, and also all manner of roughlands, the circumference of the six hundred

acres to be taken before the last of this month." On the 23d of the same month the proprietors met to draw their lots in the Wollomonopoag plantation, which it seems had been surveyed and platted. It was agreed " on behalf of them that have improve- ments there that they might take the lots they had al- ready subdued and improved, and not draw lots with the rest of the proprietors. The persons who were thus allowed to choose were Anthony Fisher, Jr., Sergt. | Richard Ellis, Robert Ware, James Thorpe, Isaac Bullard, Samuel Fisher, Samuel Parker, Josh Kent, and Job Farrington. These persons, with Ralph Freeman, Sergt. Stearns, and perhaps Daniel Makiah, were the first persons to break up and improve land at Wollomonopoag. The proprietors then proceeded to draw their lots, the same being numbered from one to thirty-four inclusive. The first lot was " to be where the Indians have broken up land, not far from the place intended to build a mill at." This was un- doubtedly in the neighborhood of the mill site now oc- cupied by the Eagle Factory. This appears from the depositions of aged persons taken in 1724, who were then old enough to remember the first occupation of these house-lots, and who say " that they were east or easterly of the mill-pond, and that the first was James Draper's, the second Nathaniel Whiting's, who im- proved them several years; and many other lots there were improved by their owners." The first settlers beyond question located their improvements (so called) upon the easterly and southeasterly side of Whiting's Pond, or the Great Pond (previously known as the mill-pond), but their houses were at some distance from the pond, probably on what is now Franklin Street and on South Street. An ancient map (1738), showing the position of these first house-lots, confirms this supposition, showing also some lots occupied on what is now called East Street. The whole number of proprietors was seventy-three ; the number of lots drawn was thirty-four, and the order and numbers given, but the boundaries were not determined. The shares were unequal, the division being made " ac- cording to the rule for dividing lands in Dedham."

In the year 1663 the first highway was confirmed by the selectmen of Dedham, at the request of those who had drawn lots at Wollomonopoag, "at the east end of their lots." This was the first authoritative recognition of a highway in this plantation, and was probably a part of a way now known as South Street.

After this date the affairs of the plantation were very quiet until the year 1666-67, when the proprie- tors voted that the meadows "appertayning to that place" be all measured, and appointed a committee for

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that purpose, Lieut. Joshua Fisher being named as measurer, and he was directed to " lay out all the lots that are granted and drawn in succession together." For the preservation of wood and timber a penalty of two shillings sixpence was imposed upon the trans- gressor for each tree by him felled without the con- sent of Lieut. Fisher and Sergt. Ellis ; and in 1667 a committee was appointed to define the east boundary of the plantation upon the suggestion that there was some mistake about it.

At a general meeting of the town, April 11, 1668, the proprietors, upon the request of the Indian Sarah, of Wollomonopoag, " grant her one parcel of upland near a pond about two miles westward from the situa- tion of Wollomonopoag, in exchange for that land the said Sarah, her son, or George, her brother, possessed or claimed there to be set out to her by Robert Ware and Samuel Fisher, estimated at ten acres, and she to have liberty to take fencing stuff, and is enjoined to keep it sufficiently fenced. The Indian Sarah, and George, her brother, and John, her son, being all present, do all declare themselves to accept of this grant upon these conditions as above expressed." The pond to which Sarah went is supposed to be the small one which we call Uncas Pond, now in Franklin. The men of Dedham thus determined to recompense this Indian woman for the loss of her claim, although they had purchased the land of her sovereign. In 1668, upon complaint made by Samuel Sheeres, a committee was appointed " to repayre to Wollomono- poag to settle the lines between his lot and those of John Alders (Aldis) and Job Farrington."

Sheeres was at this time an inhabitant of Wollo- monopoag, having come here to live, according to Rev. Mr. Man's record, about the year 1666. He says, under date of Aug. 12, 1709, " Old Goodman Sheeres died,-a man eighty years and somewhat more,-the first English inhabitant in this town, and who had lived here about forty-three years." The first birth recorded at Wollomonopoag was that of " Mehitabel Sheeres, the daughter of Samuel Sheeres and Mary, his wife," who was born the 1st of Febru- ary, 1668. It is supposed that Sheeres lived on the place now occupied by Mr. Isaac F. Bennett, on South Street, and that in 1668, John Ware also built on the Bean place and Samuel Fisher on the Luther Fisher place (Mr. Barnes'). John Littlefield also is supposed to have built about this time.

About this time some of the proprietors sold their interests in the lands to such persons as wished to go there and remain as inhabitants or engage in the set- tlement of the plantation. Sheeres does not appear to have been named as one of those who joined in the | the Proprietors of Dedham.

first attempt at settlement, but he now became a pur- chaser. He lived in Dedham, but was not a proprie- tor. John Thurston, of Medfield, also purchased rights in lands at Wollomonopoag, as it is said, and became active in promoting the settlement. As the proprietors at Dedham conveyed their rights to others, these purchasers of course became independent of them. The proprietors of Dedham and the proprietors of Wollomonopoag were no longer the same.

In order to understand the nature of the land titles here and the meaning of the words (often met) " according to the rule for the division of lands," some further explanation may be necessary. Mr. Worthington, in his history of Dedham, gives a history and an explanation of this matter substantially as follows : The second grant of the General Court, in 1636, for a plantation was made to nineteen persons. These grantees were sole owners until they admitted new associates.1 At first these were admitted with- out asking any compensation, lots of land being freely granted them; and after the home-lots of the inhabitants were cleared of wood, leave was asked to cut it from the common lands. In 1642 two hundred acres were made a common tillage-field, in which each proprietor's share should be assigned to him by seven men chosen for that purpose. These men proceeded, not upon any arbitrary rule, but upon the various considerations of personal merit, useful- ness, ability to improve, or the amount of taxes paid. Thus the minister had twenty-three acres set off to him, while the deacons had fourteen acres each, and Maj. Lusher modestly received thirteen; other inhabit- ants taking from eight to one acre each. In 1645 they divided three hundred and seventy-five acres of woodland on the same plan, but in 1656 they ceased to make free grants to strangers of the common lands. This led to the adoption of some rule for division of those lands among the proprietors and their heirs. No one pretended that all should have an equal share. They agreed on this principle, that each man's share should be proportioned to the valuation of his prop- erty. They then found that the number of acres in the herd-walks, or cow-commons, was five hundred and thirty-two, and the number of cattle fed thereon somewhat less; and that by allowing one cow-com- mon for every eight pounds' valuation of estate the whole number of cow-common rights or shares would be four hundred and seventy-seven, and this would make the number of cow-commons the nearest to their then number of cattle.

1 These nineteen with their associates formed a body called

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HISTORY OF NORFOLK COUNTY, MASSACHUSETTS.

Five sheep-commons were equal to one cow-common, and were used as fractions of a whole right.

This rule bearing hardly on several poor persons, the proprietors so far departed from it as to give them twenty-five more cow-common rights, which, added to the former number, made five hundred and two com- mon rights or shares. This arrangement as thus far made became permanent.

But the proprietors went further, and voted that non-resident owners of land should not have any right to put cattle into the cow-commons, although they should have dividends in the lands. Henry Phillips and some other non-resident owners made complaints. The General Court appointed referees to settle this dispute, the contending parties agreeing. These gentlemen made an award, which they supported by quotations of Scripture, giving to Phillips and other aggrieved persons twelve more cow-common rights, and to the church eight more, making the whole number five hundred and twenty-two. The parties acquiesced in this decision, and the selectmen assigned to the eighty proprietors their due shares. The com- missioners further decided that the majority in interest should hereafter govern.

After this decision there were two distinct bodies, the proprietors and inhabitants (including non-propri- etors). But for many years this distinction existed only in theory, for there were not for many years people in town who were inhabitants and at the same time non-proprietors. In process of time the two separate bodies had meetings on the same day, and their doings were recorded in the same book. The number of shares determined the number of cattle each could pasture on the common lands, but this privilege was limited to those who belonged to this body of proprietors, which was a sort of a corporation ; other persons might be inhabitants of Dedham with- out having any interest in the common lands. They could acquire an interest in those lands by purchasing of some proprietor. The proprietors had the owner- ship and power to convey and manage the undivided lands, while the inhabitants took the management of town affairs upon themselves.

These rules regarding the division of lands were, of course, applied throughout the whole township of Dedham, and included the lands at Wollomonopoag.

It will be remembered that Dedham had, through Capt. Willett, paid the sagamore Philip, in the year 1662, for his right and title to the lands at Wollo- monopoag, £24 10s. But Philip now, in 1669, set up a claim to a tract said to be within the limits of his former grant. He addressed the following letter to two of the principal men of Dedham:

" Philip Sachem to Major Lusher and Lieutenant Fisher :

" GENTLEMEN,-Sirs, thes are to desire you to send me a hol- land shirt by this Indian, the which att present I much want, and in consideration whereof I shall and will assuredly satisfie you to content between this and the next Michelmas, for then I intend to meet with you at Wollomonuppouge, that we may treat about a tract of land of four or five miles square, which I hereby promise and engage that you shall have ye refusall of, and I make no doubt but that we shall agree about said tract of land, which I shall sell you for ye use of your town of Dedham. I pray fail not to send me a good holland shirt by the bearer hereof, for I intend next week to be at plimoth Court, and I want a good shirt to goe in. I shall not further trouble you at present, but subscribe myself your friend,

" PHILIP SACHEM'S P MARK.

" MOUNT HOP, ye 25 May, 1669."

We are not informed whether the liberality or the fears of the good men of Dedham provided Philip with the Holland shirt in which he wished to appear before the wise men of Plymouth ; but we find that on " the 8th of the 9th mo., 1669, upon notice from Philip Sagamore yt he is now at Wollomonopouge and offers a treaty about sale of his rights in ye lands yr within the town bounds not yet purchased, A committee was appointed, viz. : Timothy Dwight, Anthony Fisher, Robert Ware, Richard Ellice, and John Thurston, to repayre to Wollomonopogue on the morrow, and treat with the said Philip, in order to a contract with him to clear all his remaining rights within the town bounds, provided he make his right appear, and to secure our town from all other claims of all other Indians in the land contracted for."

It seems that a contract was made, for on the 15th of the same month (November, 1669) a rate was made for the payment to Philip " for his right lately purchased." The sum thus assessed was £17 0s. 8d., to be paid in money. "Tradition informs us that Philip, in this second treaty, showed the northern boundaries of his kingdom, being the southern boun- dary of the Sachemdom of Chickotabot, in Walpole ; and that the shape of the land was somewhat like that of a new moon, enclosing a part of the first grant within its horns." Seventy-nine persons were assessed to pay this rate. Ensign Chickering's tax was the largest, being 11s. 10d. Rev. John Allen's was next in amount, being 8s. 9d. This tax was assessed upon the cow-commons of the proprietors. Adding this £17 0s. 8d. to the sum previously paid through Capt. Willett, we find the whole amount paid to Philip for his title to Wollomonopoag was £41 10s. 8d.

Second Attempt at Settlement .- Although, as we have seen, an attempt to settle a colony at Wollo- monopoag had failed in 1663, yet the idea was not absolutely abandoned. Proof of this is seen in the transactions had in the interim between that date and

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that which we have now reached,-1669. We in- stance the drawing of lots, the laying out of a high- way, surveying of the meadows, the grant to Indian Sarah, the settling of lines of lots, the purchasing of proprietors' rights, and the second treaty with King Philip.

Although previously to 1669 no white man per- haps, except Samuel Sheeres, had come here to dwell, nevertheless those who had made improvements by breaking up ground, etc., kept their lots or trans- ferred them to others who retained the title.

And now in December, 1669, the proprietors of Wollomonopoag (now independent of the proprietors of Dedham) met at the public-house of Joshua Fisher, in Dedham. This was their first meeting as a body distinct from the proprietors of Dedham. The purpose of the meeting was

" to adopt some rules as to the ordering and due management of the said place for the furthering and settling a plantation there." They, voted first that "all rates, etc., for defraying public charges hereunder written shall be and remayne in full force to all ends, intents, and purposes to all proprietors there until the intended plantation become a town.

" 2d. Every proprietor shall annually pay towards the main- tenance of a minister there 18. 6d. for each cow common right, besides what shall be assessed upon improved land.

"3d. That the libertie to call or invite a minister to exercise to the people there is left to the inhabitants there and such of the principal proprietors as may be advised without difficulty, provided it be by the allowance and consent of the Rev. Mr. Allin, of Dedham, and the ruling Elder of the Church there, and Elea. Lusher.

"4. That a convenient meeting-house shall be built, to which end 2s. per cow-common shall be paid, whereof Mr. Theo. Deane, Capt. Willm Hudson, and Mr. Job Viale promise to pay accordingly in money, which is accepted. John Thurston, Robert Ware, and Sergt. Fuller are appointed a committee for the ordering the building and finishing that meeting-house in convenient time."

The meeting-house was not finished until about the year 1682. But on the 27th of December, 1669, the Rev. Samuel Man was invited to become the minister at Wollomonopoag. The letter of invitation was as follows :

" ESTEEMED SIR,-We, the subscribers, being by the Provi- dence of God proprietors, and some few of us inhabitants in that place called Wollomonopoag, in Dedham, and according to our best observation and understanding concerning that place capable of affording competent subsistence according as the em- ployments of husbandry use to produce to so many families as might be a small town if it be duly improved by an industrious people according to the rule of the word of God, and in his name and fear, and that the kingdom of the Lord Jesus may be enlarged, and several families at present streightened might be relieved, and some benefit might arise to the public, which are the ends we propose to ourselves ; these things being con- sidered by us, we thinke it our duty to indeavor the settling a plantation there, so far as lyes in our power, and in order thereto we would in the first place, with the greatest care, provide that

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History of Norfolk County, Massachusetts, with biographical sketches of many of its pioneers and prominent men, Part 131

Author: Hurd, D. Hamilton (Duane Hamilton) ed Publication date: 1884 Publisher: Philadelphia, J. W. Lewis & Co. Number of Pages: 1534

Author: Hurd, D. Hamilton (Duane Hamilton) ed
Publication date: 1884
Publisher: Philadelphia, J. W. Lewis & Co.
Number of Pages: 1534