USA > Massachusetts > Worcester County > Gardner > History of the town of Gardner, Worcester County, Mass., from the incorporation, June 27, 1785, to the present time > Part 11
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" At a court of Assistants held the second day of May, in the 12th year of his Majesty's reign, of England, etc. May 2d, 1637, Bradford, governor. It was ordered by this court, that a jury should be empaneled to set forth, the highways about Plymouth, Ducksborrow, and the Eele River, which was ac- cordingly summoned, and upon the ninth day of May next after they appeared before the governor, and took their oath to lay forth such highways about the towns of Plymouth, Ducks-
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borrow, and the Eele River equally and justly, without respect of persons, and according as they shall be directed by the in- formation of others, and as God should direct them in their discretion, for the general good of the colony, and with as little prejudice to any man's particular as may be, and to mark the trees upon the said way, and so it to remain a way forever."
We omit the names of jurymen given. "July 7. The ver- diet or order of the aforesaid jury, performed by them the tenth day of May, 1637, and delivered by them into the General Court held the 6th of July next after, and by the same con- firmed in these words following, viz :-
""' It is agreed, that the highways, both for horse, cart and foot, shall be as followeth : From the town of Plymouth to Joanes River, as it was cleared, provided it be holpen at Mr. Allerton's, by going through the old cow-yard, at the river, the place being commonly called the Old Wading Place, and so through a valley up the hill, and then to turn straight to Abra- ham Pierce's ground, and through his ground as it is marked, and so the old path to Massachusetts, leaving Mr. Bradford's upon the west, and from Mr. Bradford's to Stephen Tracy's ground, as the way now lyeth, being already trenched, a foot way from the lower stepping stones to Stephen Tracy's, the highway lying through Stephen Tracy's field now enclosed. Also, we allow a way from Francis Billington's ground through the nook, as it now lyeth, to the ferry, and from the ferry to Stephen Tracy's house, and so through the meadow to the bridge. The highway from Stephen Tracy's ground through the other grounds, as far as the trees were marked, to the bridge at John Rodgers and from John Rodgers along as the way now lyeth to the corner of Jonathan Brewster's cow-yard, and so by a valley down his ground, near to the house of Mr. Prince, and from thence the old way to Christopher Wadsworth, whose palisade is to be removed and a sufficient way allowed to enter into Francis Sprage's ground, and there to fall into a way, that leads from Morton's Hole, to Ducksborrow town, and from thence a way to fall to the Captain Standish's and Mr. Brews-
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ter's, as it is now marked, the ancient foot way to be continued from Mr. Brewster's to Francis Sprage's, and so through Wil- liam Bassett's ground to the highway. The highway leading from Christopher Wadsworth to be continued through Francis Sprage's and William Bassett's, being his garden or orchard to the east side. Also, we allow a highway from the cut between William Bassett's and Francis Sprage's, to go to Ducksborrow town ; the highway to be continued from William Bassett's garden or orchard, through John Washburne's ground, to Wil- liam Palmer's gate, as it now is, and so along through Peter Brown's ground, by the outside of which we allow a way to the marsh, and up to the woods ; the way still to pass by Henry Howland's house, leaving it on the east side, so keeping the old way through the marsh to Mr. John Alden's house, and from thence through a valley which leadeth to the corner of Phillip Delanoy's field, so to pass to Edward Bumpas' house, and forty foot to be allowed above his house straight to Rowland Ley- horne's house to Green's harbor path. The upper part also to be allowed as marked from Mr. Howland's.'"
" Whereas, The highways in this jurisdiction, have not been laid out, with such conveniency for travelers as were fit, nor as was intended by this court, but that in some places, they are felt too straight, and in other places travelers are forced to go far about, it is therefore ordered that all highways shall be laid out before the next General Court, so as may be with most ease and safety for travelers ; and for this end every town shall choose two or three men, who shall join with two or three others, of the next town, and these shall have power to lay out the high- ways, in each town where they may be most convenient ; and those which are so deputed shall have power to lay out the highways where they may be most convenient, notwithstanding any man's property, or any corn ground, so as it occasion not the pulling down any man's house, or laying open any garden or orchard, and in common grounds or where the soil is wet or
*From Plymouth Colony Records, vol. 1st, p. 58-59.
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miry they shall lay the ways the wider, as six or eight or ten rods, or more, in common grounds ; provided, that if any man shall suffer any extraordinary damage in his improved grounds, by execution of this order, the town shall make him some reasonable satisfaction, provided also that if any case shall fall out wherein those that are deputed, cannot agree, it shall be referred to the determination of this court; and if any person shall find himself unjustly grieved with anything which the said persons deputed shall do, he may appeal to this court, or to the Court of Assistants, who shall have power to determine the cause ; but if the party shall be found to have complained with- out just cause, he shall pay all charges, and be fined by the discretion of the court. And all towns are enjoined to have this order performed before the next General Court, upon pain of five pounds, for every town making default. And it is not intended that any person shall be charged with repairing the highways in his own land."*
We come now to consider the roads of this town, from their earliest history. It will be remembered that the first town meeting was held August 15th, 1785. The second meeting was called the following month, September 6th, 1785. The second article in the warrant, for this meeting, was this : " To know their minds relating to a county road, going through said town, and act anything relating thereto, as they shall think proper." At this meeting it was " Voted, That it is the opinion of the town, that the county road ought to go through the centre of said town. Voted, To petition the court, for a committee to lay said road through the centre of the town of Gardner."
The following is the petition which gives us the first action of the town regarding public highways :-
To the Court of Quarter Sessions, now sitting at Worcester, in and for the County of Worcester. A request of the Town of Gardner:
Whereas, A committee from the Honorable Court have lately laid out a county road from Royalston down through part of
*From Massachusetts Colony Records, vol. Ist, p. 280.
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this town, and as it is now laid, it will not convene this town, nor the public, so well as if it was laid through the centre of the town ; therefore we pray the Honorable Court would not accept of the road no further down than the line of Jonathan Bancroft's and Ebenezer Keyes', which is about three-quarters of a mile above our centre ; and it is our request, that a committee may be sent and view and lay out a road from the above men- tioned place, through our centre and come into the county road that leads from Winchendon to Westminster meeting-house ; to come into that road near Josiah Wheeler's, or between there and Westminster meeting-house, where it will best serve the public. This way has been measured since the committee were here, and found to be the nearest, and supposed to make the best way.
This day the town voted the above request to be sent to court, being assembled together for that purpose. Then the meeting was dissolved.
SETH HEYWOOD, Clerk.
At the next town meeting, held November 7th, 1785, the following article in the warrant was up for consideration : " To know the minds of the town concerning the roads that are to be laid out, what width they would have them laid out, or what direction they will give concerning the same." Upon this article the town " Voted, To lay out the roads two rods and a half wide." At an adjourned meeting, held November 14th, 1785, the town voted to reconsider the foregoing vote, and " Voted, To lay out the roads two rods wide."
In the subsequent year, 1786, at the annual town meeting, the following article concerning roads was inserted in the warrant : " To see if the town will accept of a number of roads, viz. : A road laid out for William Goss. Beginning on the line of lot number fifteen about four rods from the southwest corner of the same, beginning at a stake and stones, from thence straight to a hemlock about ten rods from the stake standing about a rod north of the line, between lot number fifteen and thirty-six, from thence to a ledge of rocks about twenty rods in said line,
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from thence to the northeast corner of lot number thirty-six, laid out upon the south side of said boundaries.
" Also a road laid out from Reuben Haynes' house, as the road is now trod, until you come within two rods of Moses Hill's land, thence to the southwest corner of said Hill's lot, from thence straight, two rods, to the west of the southeast corner of lot number thirty-six, from thence straight to a marked stump in the old town line, about twenty-five rods, south of Gideon Fisher's house, from thence straight to Wil- liam Fisher's land, that he bought of Gideon Fisher, two rods to the west of the old town line. Keeping two rods west of the old town line on William Fisher and Ebenezer Howe's land, until you come to the county road that leads from Winehendon to Westminster; laid out on the east side of said boundaries and beginning at a heap of stones in Edward Kelton's fence at the above said county road, about twenty-one rods from Ebenezer Howe's land, from thence straight through said Kel- ton's land and through the Dana lot, to a rock with some stones upon it in Peter Goodale's land, near the swamp at the old road, laid out upon the west side of said boundary.
" And also a road laid out beginning at the old road, by Capt. Kelton's, that leads to Ashburnham, from thence to a stake and stone in the fence about two rods to the southeast of Capt. Kelton's house, from thence to a rock in said Kelton's land, from thence to a beech in the line between said Kelton's and Josiah Wilder's land, from thence to a stake and stones in said Wilder's land, two rods east of the line between said Wilder and Wheeler, from thence straight to the line between said Wilder and said Wheeler at twenty rods from the stake and stone, from thence to the southeast corner of said Wheeler lot at the other road laid out on the west side of said boundary.
" And a road laid out beginning at a hemlock stump a little beyond the Widow Hill's, in the fence on the east side of the old road, from thence to a heap of stones in the old road, to the southeast of the Widow Hill's, from thenee to a hemlock in the low land, from thence to a heap of stones at the county
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road leading from Winchendon to Westminster, about forty rods east of the above said Hill's land, laid out on the north- westerly side of said boundaries.
" And a road laid out beginning at a stake and stones in the line between Jonathan P. Whitcomb and John White, from thence to a stake and stones at said White's orchard, thence to a heap of stones, four rods, to the southwest corner of said White's house, thence through Wallace's land, and David Comee's land to the end of the wall about a rod west of said Comee's house, at the county road, laid out on the west side of said boundaries.
" And a road laid out for Levi Fairbanks, beginning at the northwest corner of lot number ninety-five, formerly in West- minster, running southwesterly on the old town line upon the south side of said line until it come to the southeast corner of John Putnam's lot, from thence one rod on each side of the old town line until you come within about twelve rods of David Comee's land, at a hemlock, from thence to a hemlock in Mr. Wallace's land, thence to a great hemlock marked, near the causeway, continuing the same course until it strikes White's road, on the north side of said hemlock.
" And a road laid out from the county road at the line be- tween David Comee's and Joseph Payson, running southwest- erly one rod, on each side of the line until we come to the lot number one hundred and four, and through said lot, by marked trees, to a great rock in the new county road that leads from Lieut. Wheeler's to John Glazier's, laid out on the north side of said boundaries.
"And a road laid out from the east corner of Joshua Whit- ney's land, straight to the northwest corner of Elijah Symond's lot, from thence to a stake and stones about three rods to the southeast of Stephen Miles' house, thence east to a pine stump, about eight rods, thence through fourth division, to the south corner of Elisha Jackson's and Joseph Wright's lot, thence to a rock with some stones upon it, a little cast of the line between said Jackson and Wright's, thence to a rock about a rod east
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of said line, thence to a white pine, about four rods upon said Wright's land, thence to a maple in said Wright's land, thence to a maple in William Bickford's land, thence to a stake and stone near the meadow line, thence to a marked stump in said Bickford's land, about ten feet from the meadow line, thenee to a pine stump, about two rods to the south of the bank below the mill, thence to the west corner of said Bickford's house and on the back side of said house, out to the county road, laid out on the west side of said boundaries.
"And a road laid beginning at Simon Gates', lot number twenty-six, at the Westminster road, thence on the line between Gates and the Widow Margaret Miles and Josiah Kendall and Edward, and said Gates, one rod on each side of the line, until it comes to a stake and stone in said Gates' land, thence to a hemlock, thence through fourth division to a stake and stones, two rods to the south of John Matthews' north corner, thence to a beech, thence through the Beaman lot, to a hemlock, out to the county road, leading to Winchendon, laid out upon the north of said boundaries.
"And a road laid out through Samuel Sanderson's, Samuel Edgell's, John and Stephen Hoar's, Samuel Miller's and Cut- ting Hoar's land, beginning at the said Sanderson's barns at a heap of stones, thence to a hemlock, thence to a stake and stones at the line of said Sanderson's and said Edgell's, thence to a hemlock, thence to a hemlock, thence to a hemlock, thence to a black birch, thence to a hemlock, thence to a hemlock, thence to a maple, thence to a maple, thence to a beech, thence to a birch, thence to a beech, thence to a hemlock, thence to an oak, thence to a bunch of maples at the new county road, on the south of said boundary.
"A road laid out for Elijah Wilder and others, beginning at a hemlock in Jesse Hill's land, at the old road near his last line, thence to a hemlock in Samuel Clark's land, thence southerly to a hemlock on Joseph Clark's land, thence easterly to a white pine on Benjamin Clark's land, thence easterly to a hem- lock on said Clark's land, and comes into the old road by Ben- jamin Clark's house, on the southwest of said boundaries.
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"And a road laid out for Jonathan Eaton, beginning at the southeasterly corner of lot number one hundred and seventy- nine and one hundred and eighty, running northerly upon the line of said lots, to the new county road, one rod on each lot.
"And a road laid out beginning at Jonathan Bancroft's fence, about four rods, southeast of said Bancroft's house, on the westerly side of the road that is now trod, thence to a maple near the line between said Bancroft and Ebenezer Keyes, thence to a white pine, thence to a poplar standing about two rods from the south corner of the pond, thence to a white ash in said Keyes' land, near the line between said Keyes and Seth Hey- wood, from thence through said Heywood's land, to a heap of stones, which was the corner of Winehendon and Ashburnham, laid out on northeast side of said boundaries.
" In all the above said roads, laid out by the selectmen two rods wide, except from the west corner of Willian Bickford's house, out to the county road, which is but one rod and a half, and it is laid across William Fisher's meadow about twelve rods, but twenty feet wide.
" To see if the town will discontinue any of the old roads, or any part of roads or road, as they shall think best, and also to see if the town will allow any person that has more of their lands taken for roads, than the allowance for the same that they shall be credited for the same in their other lots, or act anything relating thereunto, as they shall think best."
The minuteness of the above description may seem some- what trivial to the reader, but he must remember that this town was then little else than a wilderness, through which these roads were laid, by the selectmen, whose direction, they indicated by blazing the trees along the line of the proposed highway. Upon the above routes, as laid out by the selectmen, the town at an adjourned meeting, March 14th, 1786, voted as follows :-
" Accepted of Mr. William Goss's road ; accepted the road from Mr. Reuben Haynes to the county road ; accepted the road from the county road to Peter Goodale's land as the said roads
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are now laid ; accepted the road from Capt. Samuel Kelton to Josiah Wilder's. Voted, To accept the road, beginning at Mr. Jonathan P. Whitcomb's to John Whites. Voted, To accept of a road, beginning at Levi Fairbanks, leading to David Comee's. Voted, To accept of the road laid out for David Comee and others, beginning at the county road and ending at the new county road. Voted, Not to make allowance to any for the old roads laid out before. Voted, To accept of the road from Mr. Joshua Whitney's, coming out at Mr. Bickford's. Voted, To accept of the road from Mr. Simon Gates' to Licut. Josiah Wheeler's. Voted, To accept the road from Mr. San- derson's, by Mr. Edgell's to the county road. Voted, To ac- cept of the road from Jesse Hill's to Benjamin Clark's. Voted, To accept of a road from Mr. Jonathan Bancroft's to Mr. Seth Heywood's. Voted, To accept of a road for Mr. Jonathan Eaton as laid out. The above said roads accepted as laid out by the selectmen of Gardner. Voted, To mend the highways by a rate this year. Voted, Sixty pounds to be laid out on the highways, to mend and make them this present year." This is the first appropriation for making and mending of highways in the town of Gardner.
It appears from the records that some were not satisfied with the action of the town, as above indicated, and began to make their feelings known to such an extent that the town felt obliged to take formal notice of their uneasiness. Among those dissatisfied with the damages awarded them, were Lieut. Seth Heywood and Capt. William Bickford, the former de- manding sixty dollars and the latter eighteen dollars as damages for roads laid through their lands. Upon the fifth day of June following their first annual March meeting, 1786, the town " Voted, To choose a committee for to agree with those men that are uneasy with their roads that were accepted last March." This committee gave their report at an adjourned meeting, June 12th, which was not accepted by the town. However, " It was put to see if the town would give Lieut. Seth Heywood sixty dollars for the damages of a road laid through his land, that
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being what he requested for the damages." It passed in the negative. Upon the request of Mr. William Bickford for damages of a road laid through his land " It was put to see if the town would give him eighteen dollars." It passed in the negative.
At the annual town meeting, March 3d, 1788, the town " Voted, To choose a committee to see if they can settle with Seth Heywood concerning a road laid through his land and make report at the adjournment of this meeting." This com- mittee made their report as follows and it was accepted by the town : " We have considered the matter with Mr. Heywood concerning a road through his land. He asked three shillings a rod for one hundred and thirty-two rods of wall; we have offered nine pounds ; then he offers to make one quarter of the wall ; we thought we could not offer anything more."
In the warrant for the annual town meeting for March 2d, 1789, was the following article : "To hear the petition of Seth Heywood with the order of court thereon, concerning a road through said Heywood's land, and take such action thereon and concerning said road, as the town shall think proper when met." Upon this article the town " Voted, To choose a com- mittee to try and settle with Seth Heywood and if they cant, to make answer to the court." At an adjourned meeting March 9th, the town " Voted, That the selectmen be a committee to try to settle with Lieut. Seth Heywood, and if they cannot to make answer to his petition at the court concerning his road, which is as follows :--
To the Honorable the Justices of the Court of General Ses- sions of the Peace to be holden, at Worcester, within and for the County of Worcester, on the first Tuesday of September, A. D. 1789:
The petition of Seth Heywood humbly showeth, that the town of Gardner, in March, 1786, laid out, and accepted a road, through a part of your petitioner's land, of between sixty and seventy rods in length, thereby separating about four acres of
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mostly improved land, in a triangular form, from the rest of his farm, and which will oblige him, to build upward of one hundred and thirty rods of stone wall, as there is not timber near the same that he can make use of for that purpose. That as your petitioner can receive no kind of benefit from the afore- said road ; and as there has been a county road, laid out and opened, across his farm, and another extensive town road, with- out any expense to the county or town, he must think that an unequal burden is laid upon him, and cannot therefore consent that the aforesaid road, should be continued, unless he has rea- sonable damages allowed him therefor ; that such damages your petitioner applied for, at the time of laying out and accepting the road ; that the matter has been under discussion, at various town meetings, from that time, down to the commencement of the present year, but no adequate damages have, or probably will be granted him, without the interposition of this Honorable Court.
Your petitioner, therefore, prays your Honors to take his case into your wise consideration, and grant him such relief, either by a discontinuance of said road, or causing him to be paid equal damages therefor as you shall think him justly en- titled to ; and as in duty bound shall ever pray.
SETH HEYWOOD.
Commonwealth of Massachusetts.
Worcester, ss.
At a Court of General Sessions of the Peace, begun and held at Worcester, within and for the county of Worcester, on the first Tuesday of September, being the second day of said month, Anno Domini, one thousand seven hundred and eighty- eight, on the foregoing petition, ordered that the petitioner therein named, notify the said inhabitants of the town of Gard- ner, by serving them with an attested copy of said peti- tion of the order thereon, thirty days, at the least, before the next Court of General Sessions of the Peace, to be holden at Worcester, within and for said county, on the last Tuesday of
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March next, that said inhabitants may then and there show cause, if any they have, why the prayer of said petitioner should not be granted.
Attest, JOS. ALLEN, Clerk.
Copy entered and attested. JOS. ALLEN, Clerk.
No further trace of the controversy, between Lieut. Seth Heywood and the town, can be found upon the town records. The presumption, however, is that some arrangement was made, satisfactory to the parties concerned, of which no record was preserved. The struggle was long, running through several years, and ended in the continuance of the road, as originally laid through Mr. Heywood's land. This road is now a part of Central Street, beginning at the junction of Lynde and Central streets " at a heap of stones which was the corner of Winchen- don and Ashburnham" and running down to Crystal Lake.
The triangular piece of land, spoken of in the petition, is the piece now bounded by Central and Lynde streets. It will be noticed that Winehendon and Ashburnham cornered near the junction of these two streets, under Capt. Gardner's house.
The following is a petition which the town voted, March 25th, 1794, to present to the Court of General Sessions of the Peace, concerning proposed alterations in the county road, then run- ning over Kendall Hill and on through South Gardner. It is here introduced, in part, to afford a glimpse of the town's con- dition then financially, as also to show the motives actuating a people, influenced by a tavern keeper, who is in great fear of los- ing a portion of his enstomers by diverting trade from his own " public house, that has been occupied for that service upwards of twenty years" :-
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