USA > Massachusetts > Norfolk County > History of Norfolk County, Massachusetts, with biographical sketches of many of its pioneers and prominent men > Part 169
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" It is ordered at this present meeting that there shall be noe more land graunted at muddy river nor the Mount until such lands as are alredy graunted are layd out, and the residue of the land knowne what the aers are.
" The last day of the 9th moneth 1640 .- Mr. William Ting, his Allotment formerly graunted him at muddy river conteyning 600 acres in all, is thus bounded : namely, with lands as yet in Common towards the northeast, with Roxbury land towards the southeast ; with Dedham Jand towards the southwest; and with land graunted William Hibbins towards the northwest :
" 28th of the 10 moneth 1640 .- Our brother Mr. Wentworth Day, his suit for a lot at Muddy River :
"Our brother Day desireth at Muddy River to have a Lott and the townse men have taken it into Consideration :
801
BROOKLINE.
"The townsmen have taken into consideration likewise the sute of Miles Tarne for a Lott for five heads :
" The 22d of the last month 1640 .- Brother Courser of Bos- ton hath sould and resigned up his Lott at muddy river, it being 10 Acres, to our Brother Alexander Beck of the same towne.
" 29th of the First moneth 1641 .- It is graunted that those Lotts formerly graunted our twoe Elders Mr. Oliver and Mr. Leveritt in the full proportion of land as it now lieth, shall by this order be confined unto them, although their Lotts doe amount to a greater quantity of land than was intended at the graunting thereof :
" The 26th of the 2nd moneth 1641 .- Our brother Mr. Went- worth Day hath graunted unto him 100 acres of land for his great Lott at Muddy River, out of a parte of that land which was appoynted for the Comune.
" There is graunted to our brother Henry Webb to purchase 3 acres of marsh at muddy river if it be there to be had :
" William Hibbins hath Confirmed unto him that fresh marsh which was formerly graunted him, at muddy river, valued at 10 acrs formerly but proveth to bee about 18 acres bounded with a rock on one side and a great swampe on the other.
"31st of the 3d month .- Our brother Robert Turner is graunted that land which lieth betweene his lott and Cambridge nue line soe fare as the lemyts of his lot retcheth, it lieing along by the side thereof and noe further :
"To our bro Thomas Scottua is granted a small quantity of salt marish lying betweene his great lott and Charles River.
" The 7th of the 12th month 1641 .- There is granted unto Robt. Reynolds three acres of marish at muddy river for which he is to pay six shillings eight pence unto the Town, according to what he should have payd for that parcell of marish which was to be purchased by him at Hog Iland but is now sold unto Thomas Marshall :
" This 4th day of Ist moneth 1642 .- At a general town meet- ing upon lawfull warning, It's Ordered that the residue of the Townes Lands not yet disposed of (excepting those that are layd out for commons at Boston, Braintry and Muddy River) shall be devided amongst the present Inhabitants (together with such as shall be admitted within two months now next following) and yt in this manner, vizt : a greater Proportion to them that have had lesse than their due, and the lesse to them that have had more and proportionable to them, that have had none and this is to be done by the select men chosen for the towne's businesse."
We see by the foregoing list of allotments that the most of the land was in the hands of residents of Boston, and but a small portion of the names of pro- prietors of the soil are represented in the present population. The easterly section of the town had only five owners adjoining Muddy River, and run- ning westerly as far as the " great hills" or there- abouts.
Chief Justice Sewall was the largest owner, at a later period, who came into possession of his estate by marriage with a daughter of John Hull, the mint- master, including lands around " Cottage Farm," " Chapel Station," " Longwood," and the "Stearn's" farm. Adjoining his estate on the south boundary was that of William Colborne, afterwards the estates of Aspinwall and Sharp, now owned by descendants
of the Aspinwall family and others. Then came the land of Rev. John Cotton, since passed into the hands of the Davis family. Next was Thomas Leverett, south of the Cotton estate, and bounded on the north by a brook. The other was the land between Thomas Leverett and Roxbury line.
Early Settlement of Muddy River .- During the first seventy-five years of the settlement of Boston the territory comprising what is now known as Brook- line was known as "Muddy River," or " Muddy River Hamlet," otherwise called " Boston Commons." The name of Muddy River was given to it on account of a stream that formed the easterly boundary of the place, the water of which was somewhat turbulent.
There is but little mention made of this place in the early history of the colony. The first we find in print is in " Winthrop's Journal," page 88, where mention is made of Indians being assembled at that place, as follows :
"Notice being given of ten Sagamores and many Indians assembled at Muddy River, the Governor sent Captain Under- hill with twenty musketeers to make discoveries; but, at Rox- bury, they heard that they were broken up."
It is supposed these Indians erected a fort in the northerly part of the town, near Charles River, which they were obliged to abandon.
Again, we find in Wood's "New England Pros- pect," 1633 :
"The inhabitants of Boston, for their enlargement, have taken to themselves farm houses in a place called Muddy River, two miles from their town, where is good ground, large tim- ber, and store of marsh land and meadow. In this place they keep their swine and other cattle in the summer, whilst corn is on the ground, at Boston ; and bring them to town in the winter."
Also in Josselyn's " Two Voyages to New Eng- land," p. 162, published in 1675, is a similar account, viz. :
" Two miles from the town, at a place called Muddy River, the inhabitants have farms, to which belongs arable grounds and meadows, where they keep their cattle in summer, and bring them to Boston in the winter."
In an English account of "King Philip's War" is the following reference to Muddy River :
" On 28th August, 1675, happened here, at eleven o'clock at night, a most violent storm of wind and rain. The like was never known before. It blew up many ships together, that they bulged one another ; some towards Cambridge; some to Muddy- river, doing much hurt to very many. Also, it broke down many wharves, and blew down some houses. Thereupon the Indians afterward reported, that they had caused it by their 'Powow,' that is ' Worshipping the Devil.'"
The next notice we find of the place is found in volume one of " Winthrop's Journal," page 290, as follows :
51
802
HISTORY OF NORFOLK COUNTY, MASSACHUSETTS.
"In this year (1638), one James Everett, a sober, discreet man and two others, saw a great light in the night at Muddy River : When it stood still, it flamed up and was three yards square. When it ran, it was contracted into the figure of a swine. It ran as swift as an arrow towards Charlton 1 so up and down about two or three hours. They were come down in their lighter, about a mile, and, when it was over, they found themselves carried quite back against the tide to the place they came from. Divers other credible persons saw the same light, after, about the same place."
The editor of the " Journal," in a note, says of this phenomenon, ----
"This account of an ignis fatuus may easily be believed, on testimony less respectable than that which was adduced. Some operation of the Devil, or other power beyond the customary agents of Nature, was probably imagined by the relaters and hearers of that age; and the wonder of their being carried a mile against the tide became important corroboration of the imagination. Perhaps they were wafted, during the two or three hours astonishment, for so moderate a distance, by the wind. But, if this suggestion be rejected, we might suppose, that the eddy, flowing always, in our rivers, contrary to the tide in the channel, rather than the meteor, carried their lighter back."
The following description of Boston was given in 1639. At that time Brookline was called " Muddy River Hamlet" and belonged to Boston :
" Boston is two miles northeast from Roxberry ; its situation is very pleasant, being a Peninsula, hembed on the South side with the bay of Roxberry, on the North side with Charles River, the marshes on the back side being not half a quarter of a mile over, so that a little fencing will secure their cattle from the wolves. The greatest wants be wood and meadow ground, which never were in that place; being constrained to fetch their building timber and fire wood from the islands in boates. It being a neck they are troubled with three great annoyances of wolves, rattlesnakes, mushketoes, etc."
The inhabitants of the hamlet of Muddy River re- mained under the care and jurisdiction of the town of Boston till March 29, 1686, at which time the subject of schools was brought to the attention of the parent town as follows, as appears on the early records of Boston :
Muddy River, " Motion for a schoole, referd to the selectmen to consider of & to make theire report of it to the Inhabitants at ye next towne meetinge."
March 29, 1686 .- " A Motion of the Inhabitants of Muddy | river for a writinge school for theire children was read at a publique meetinge of the Inhabitants of this towne the 8th of March 1685, and that theire town rates may be improved to that use & the selectmen apoynted to choose a place for the erectinge of a house :"
In answer to said Motion, " It was voted that the selectmen take this matter into consideration and inquire into the reason thereof and represent it to the next General Towne Meeting what is necessary to be done therein."
We find nothing further in reference to any action of the town, neither any report from the selectmen. Thus matters remained till the 18th of December of
that year, at which time the president and Colonial Council, in answer to a petition from citizens of the hamlet of Muddy River, granted them exemption from town rates, and liberty to choose their own officers, thus practically becoming a separate munici- pality, although still belonging to Boston.
" NEW ENGLAND.
" BY THE PRESIDENT AND COUNCILL OF HIS MAJESTIES TER- RITORY AND DOMINION, AFORESAID &CA.
" Wednesday Decembe. 8th 1686.
" Present, the Honble. JOSEPH DUDLEY, Esq. President. WILLIAM STOUGHTON Esq. Deputie Prest.
EDWARD RANDOLPH
WAITE WINTHROP RICHARD WHARTON JOHN USHER BARTHOLOMEW GIDNEY & JONATHAN TYNG
Esqr&
" In answer to the petition of ye Inhabitants of Muddie River, prayinge to have libertie to erect a school &ca. upon the hearinge thereof, The President & Councill doe order, That henceforth the said Hamlet of Muddie River be free from Towne rates to ye Towne of Bostone, they maintaininge theire owne high wayes and poore and other publique charges arise- inge amongst themselves, And that within one yeare next comeinge they raise a school-house in such place as the two next Justices of the Countrie (upon a publique hearinge of the Inhabitants of the said Hamlet) shall determine as also maine- taine an able readinge and writinge Master there, from and after that day, and that the Inhabitants annuallie meete to choose three men to manage theire affaires"
" EDWARD RANDOLPH, Secr.
" A true coppie as attests " BENJAMINE BULLIVANT " late Clerke of ye Councill.
" Muddyriver
" January 19th 1686. At a full Meeting of the Inhabitants of Muddyriver they Voted the acceptance of the late grant of the president in council as the same was read and is expressed."
The acceptance of the above order one month after it had passed the Colonial Council, and the provision made for the maintenance of a schoolmaster, with the choice of Ensign Andrew Gardner, John White, Jr., and Thomas Stedman to " manage theire affaires," is the first item in the " Muddy River Records."
The privileges accorded to the early settlers were of short duration, as we find the following vote of the town of Boston, dated March 16, 1689-90 :
" Voted, that Muddy river Inhabitants are not discharged from Bostone to be a hamlet by themselves, but stand related to Bostone as they were before the yeare 1686."
A few more years rolled on. The people of the hamlet had increased, had been successful in their business, were in a better condition to regulate af- fairs by themselves, and desired more freedom. In 1698 they applied to the General Court for a confir- mation of their former privileges, which the people of Boston had attempted to deprive them of.
1 Charlestown.
803
BROOKLINE.
" To the Hon. William Stoughton, Lieutenant-Governor of Mas- sachusetts, the Honorable Council, and the Representatives in General Court assembled, 25th May, 1698 :
"The humble petition of the inhabitants of Muddy-river humbly showeth ;
" Whereas in the year 1686, the Honorable Joseph Dudley, President, William Stoughton, Deputy President, and the Coun- cil, in answer to the petition of the inhabitants of Muddy-river, praying liberty for a school among them, &c., did order, that the Hamlet of Muddy-river be free from Town rates to the Town of Boston, and other privileges, as in said grant, on the other side, may more at large appear ;
"We, your petitioners, do humbly pray, that the said granted privileges may be confirmed unto the said Hamlet, with the ad- dition, that the inhabitants may choose such officers amongst themselves, as may assess the inhabitants their due proportion, as may be thought sufficient and expedient for defraying such necessary charges to said school, and other things; and that one constable may be chosen, who may be sufficiently impow- ered to collect the rates for the County and the Hamlet; and your petitioners, as in duty bound, shall ever pray,
" THOMAS GARDNER, ) In the name
" BENJAMIN WHITE, of the
" ROGER ADAMS, ) inhabitants.
"True list of the names given, 20 December, 1697 :
"Joshua Gardner, Joshua Child, Samuel Aspinwall, Peter Boylston, Nathaniel Stedman, Eleazer Aspinwall, Andrew Gardner, Thomas Woodward, Solomon Phipps, Ralph Shepard, Jonathan Torrey, George Bass, Joseph White, Josiah Winches- ter, John Devotion, Nathaniel Holland, Joseph Buckminster, Edward Devotion, John Ackers, Benjamin Whitney, Simon Gates, Thomas Stedman, Sent., John Grosvenor, John Ellis, Joseph Gardner, William Sharp, John Parker ;
"The persons whose names are here under written, are other- wise minded ;
"Timothy Harris, Daniel Harris.
" Neuters .- John Winchester, Samuel Clark, John Druce, Erosamon Drew, Dorman Marean, Abraham Chamberlain."
What became of this petition, or whether any action was had upon the same, we have no information.
The above petition was simply an aid to a former request, that their rights, which had been revoked by the town of Boston, might be restored. About two years from this date measures were taken to separate from the town and become independent.
Incorporation of Brookline .- But a short time had passed when they were dissatisfied with exemp- tion from taxation and the permission given them to manage their affairs in their own way, and they as- pired to be a town by themselves. Hence on the 11th of March, 1700, they sent a petition to the parent town to be a district or hamlet separate from the town.
This petition was not very favorably received by the town of Boston, and instead of listening favorably to their request, they rebuked them sharply for their presumption and reproached them for their ingrati- tude for past favors, and exercised over them all the authority they possessed in language as follows :
" At a public meeting of the Inhabitants of Boston upon Publick Warning according to law, held March 11, 1700,-1.
"Upon the Petition of the Inhabitants of Muddy River to be a District, or Hamlet, separate from the Town for these rea- sons, following, viz., the remoteness of the situation, which renders them incapable of enjoying equal benefit and advantage with other of the Inhabitants of Publick Schooles for the in- struction of their children, relise of their Poor, and Repairing of their Highways.
" Their petition being read and reasons given therein de- bated, It was voted in the negative, and that though they had not for some years been rated in the Town rate, yet for the time to come, the Selectmen should vote them in the Town Tax as the other Inhabitants, and as formerly they used to be, and for their encouragement it was voted that the Selectmen should provide a schoolmaster for them to teach their children to read, write and cypher, and order him his payment out of the Town Treasury.
" A True Coppie as entered with the records of the Town of Boston.
" Examined per JOSEPH PROUT, " Town Clerk."
The treatment which their petition received at the hands of the people of Boston was such as to make the inhabitants of the hamlet the more determined to become separated. They accordingly resolved to apply to higher power, which they did in the follow- ing language :
To his Excellency the Governor, Council and Assembly.
"The humble petition of the Inhabitants of Muddy River. Humbly Sheweth, That they are a Hamlet belonging to Boston, have been lately settled there and sometime since in the year 1686 being grown to a good number of inhabitants represented to the Government then in being, praying to be acquitted from paying duties and taxes to the Town of Boston, being then willing to bear their public charges of Bridges, Highwaies and Poor, and were accordingly then released and ordered to main- tain a Reading and Writing Schoole as the order annexed will show, which accordingly we have ever since done, and now further humbly pray that being grown to a greater number of good settled inhabitants we may be allowed a separate right to have Selectmen, and all other rights belonging to a Township, which may further encourage us as we are able to settle a min- ister and other benefits amongst us, and we shall ever pray. " SAMUEL SEWALL, JR., " THOMAS STEADMAN, SEN'R,
" THOMAS GARDENER, SEN'R, " JOSEPH WHITE,
" BENJAMIN WHITE, " JOHN WINCHESTER, SEN'R, "SAMUEL ASPINWALL, " JOSIAH WINCHESTER.
" Read in Council-The General Assembly sitting, June 17, 1704, and ordered, That the Selectmen of Boston have a copy of this petition and be heard thereon at ye next Session of this Court. ISAAC ADDINGTON, " Secretary.
" November 1, 1704. In Council, Ordered, That the Select- men of Boston bee notified to attend on Saturday morning next, the fourth, current, November 4, 1704.
" Continued to next session. In House of Representatives, June 29, 1705. Read and sent up."
804
HISTORY OF NORFOLK COUNTY, MASSACHUSETTS.
The town of Boston continued to oppose the setting ing answer to the petition of the inhabitants of Muddy off the hamlet by every means in their power, as may River : be seen by the following documents :
" At a meeting of the Freeholdars and other Inhabitants of the Town of Boston duly qualified and warned according to law, being convened at the Town House in Boston, the 12th day of March, 1704-5, did then and there chuse, Elisha Cook, Esq., Elder Joseph Bridgham, Capt. Ephraim Savage, Capt. Bezour Allen, and Capt. Oliver Noyes,-To be a Committee to consider and draw up what they should think proper (on the behalf of this Town) to lay before the General Court at their next session relating to a petition of sundry of the Inhabitants of Muddy River, that the said District be dismist from the Town of Boston and be admitted to be a Town of themselves. .
1
" Attest JOSEPH PROUT, " Town Clerk."
The committee having attended to their duty, re- ported the following :
" The Committee appointed to consider and draw up what might be thought proper to lay before the General Court re- lating to a petition of sundry persons of Muddy River, praying to be dismist from the Town of Boston and admitted to be a town of themselves. Upon perusal of the said petition observed that several sessions of the General Court had passed after the time set for the hearing thereof and that consequently the matter then fell, however if it be again revived by any new petition or order, we think it proper to lay before the Court the unreasonableness of their demand, they having been hitherto supported by the Town while they were not able themselves to defray their necessary public charges, many of which might be enumerated, and the town charges, now increasing upon us and the body of ye town abounding with poor, and such as are not capable to defray, but rather greatly increase the charges for the Inhabitants of Muddy River at such a time, and being themselves now grown more oppulent and capable to be helpful to ye town, to be sent from us seems most unreasonable, and in them very ungrateful and may be a bad example to others to endeavor the like, and to Cutt the town into such shreds, as will best suit themselves without any due regard to ye public Intrist, the charge of the Road upon ye neck is great and is still growing and ye petitions and Inhabitants of Muddy River have had more benefit and do more to increase the charge of that way, than all of the rest of the town. Several other things might be instanced which the Selectmen are well acquainted with and we think they ought (if the General Court see cause to proceed on the petition) to pray to be heard therein.
"ELISHA COOK.
" In the name and by order of ye Committee. " In council, June 15, 1705.
" Read and ordered a hearing before this Court, on Tuesday the 19th Currant. And that the Selectmen of Boston be noti- fied thereof.
" ISAAC ADDINGTON, Secretary.
"Sent down for concurrence.
" June 15, 1705. Read in ye House of Representatives.
" June 20, 1705. Resolved that since the time of hearing of ye premises Before this Court is Slipt. There should be a hearing thereof on fryday next at three of the Clock in ye afternoon and that ye Selectmen of Boston be notified thereof. "THOMAS OAKES, Speaker. "Sent up for concurrence.
" Agreed to."
The selectmen of Boston having been duly notified agreeably to the foregoing order, submitted the follow-
" To his Excellency, Joseph Dudley, Esq., Captain-General and Commander-in-Chief, and to ye Honorable, ye Council and Assembly.
" The Answer of ye Selectmen and ye Committee of ye Town of Boston, to ye Inhabitants of Muddy River.
" Humbly Sheweth.
"That they have been as easy in this Town as they could in reason desire. That they have not urged anything in their petitions to the contrary. This Town has never called on them to support the ministry of the town as is usual in like cases in ye Country. They have not been enjoined to watchings and wardings, either stated or occasionally, which has layn heavy on ye body of the Town. That they have constantly had ye nominations of their own officers ye town has usually confirmed. Upon ye desire and Regular motion for a Schoole in that part of ye Town. It has bin allowed them. That lately there has not been more levied on them (and not always so much) as would defray the charges incident in that Part of ye Town and when as they mention in ye petition, it would in them in time to support the charge of a stated ministry thereby importing ye present inability, which seems a very preposterous arguing.
" The law requiring a settled ministry thereby as one quali- fication for a Township and some of the subscribers since ye signing have declared ye contrary Intentions. And that which makes this ye desire, the more unreasonable is that they have been hitherto supported by the Town, while they were not able themselves to defray ye public charges in too many instances to be enumerated. That it may be a precident of ill conse- quences to ye public to divide Townships into small slips of land rendering them weak and every charge a Burden, tending to starve learning and religion out of ye countrey, especially when no reason of state requires. Ye consideration of which we sub- mit to this honorable Court.
"We humbly offer further to this honorable Court that such a separation is contrary to ye undoubted right and interest of Boston, there being 500 acres of land comon in that part of the Town, which is the Town's right, but on a separation can be of no service to the Town. That the Town is very much straightened in its present boundaries by our former too easy concessions as was that of the Neck to Dorchester, or the Lane to Newtown and Cambridge, and the whole Townshipp of Braintree, and would so much more if Muddy River so near to us should be separated from the Town. Rumney Marsh, &c., would have a precident to desire the same so that Boston would only be con- fined to this Isthmus of a mile long which was never thought sufficient bounds for a Townshipp, especially at this time when Boston is daily ye centre of all foreign poor, of saylors widows, and the refuge of our distressed neighbors from ye frontier who Insensibly grow upon us, so that upon the whole, we hope your Excellency's honorable Court will not grant the Sd. petition.
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