USA > Massachusetts > Hampshire County > Middlefield > History of the town of Murrayfield : earlier known as Township No. 9, and comprising the present towns of Chester and Huntington, the northern part of Montgomery, and the southeast corner of Middlefield : 1760-1763 > Part 5
USA > Massachusetts > Hampshire County > Huntington > History of the town of Murrayfield : earlier known as Township No. 9, and comprising the present towns of Chester and Huntington, the northern part of Montgomery, and the southeast corner of Middlefield : 1760-1763 > Part 5
USA > Massachusetts > Hampden County > Chester > History of the town of Murrayfield : earlier known as Township No. 9, and comprising the present towns of Chester and Huntington, the northern part of Montgomery, and the southeast corner of Middlefield : 1760-1763 > Part 5
USA > Massachusetts > Hampden County > Montgomery > History of the town of Murrayfield : earlier known as Township No. 9, and comprising the present towns of Chester and Huntington, the northern part of Montgomery, and the southeast corner of Middlefield : 1760-1763 > Part 5
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THIRD MEETING OF PROPRIETORS.
On December 12th, 1764, the proprietors held their third meeting. It was held at Lancaster in the county of Worcester. At this meeting the second division of lots was made among the proprietors as follows: Abijah Willard drew Nos. 2, 8, 11, 13, 16, 19; John Chandler drew
49
A HISTORY OF MURRAYFIELD.
Nos. 1, 23, 24, 26, 27; John Murray drew Nos. 12, 14, 20, 21, 22; Timothy Paine drew Nos. 3, 7, 10, 18, 25; James Otis drew Nos. 4, 9, 17. These were all 200-aere lots and were located between the Middle Branch and the East Branch. The " Connecticut Valley His- tory," published in 1879, makes the inexcusable error of stating that " The settlers upon the tract between the middle and east branches of the Agawam river early in 1764 were, Abijah Willard, John Chandler, John Murray. Timothy Paine and James Otis." None of these pro- prietors ever resided in the town of Murrayfield. Some of them owned farms in the town, which were cultivated under their directions by agents residing on the farms. They all, with the exception of James Otis whose home was in Barnstable, were residents of Worcester county, and men of prominence in the colony.
At this meeting they also included, in the second division of lots, certain interval lots on the West Branch, in the vicinity of what was for a long time known as Chester Factories. These lots were desig- nated by letters instead of numbers.
Willard drew letters K, L, M.
Chandler drew letters O, P, Q.
Murray drew letters G, H, I.
Paine drew letters A, B, N.
Otis drew letters C, F. Otis attended none of these meetings in person; but John Murray acted for him under a power of attorney.
The larger part of the village of Chester Factories is comprised within lot P. The proprietors reserved a right to lay out a road through these interval lots on the West Branch.
No further action touching the affairs of this township appears to have been taken by the proprietors prior to the incorporation of the town of Murrayfield, except as appears in the following from the Conneil Records, Vol. XXV, p. 213: "June 2d, 1264, a petition of the proprietors of Murrayfield, praying that the settlers admitted therein may from time to time be impowered to call meetings to agree upon some proper method to settle the Gospel Ministry among them and to transact any other business that may be necessary.
" In council read and ordered that the petitioners have liberty to bring in a bill for the purpose mentioned."
" In House of Representatives read and concurred."
It does not appear that any further action was taken until the follow- ing year, when the proprietors procured an act of incorporation of the town of Murrayfield.
50
A HISTORY OF MURRAYFIELD.
FIRST GRISTMILL.
Either in the year 1764 or early in the year 1765, a gristmill was built on the left bank of the Middle Branch, near the spot where the tannery afterwards stood in Littleville. It was built under the auspices of the original proprietors, and it was probably the first grist- mill built in the town. Jonathan Clapp of Northampton was the man who erected it, and he received from the proprietors a deed of the lot upon which it stood, together with the water privilege. It appears that Clapp executed a bond to the proprietors, in which his obligations touching the building of the mill were definitely stated. Some difficulty arose between him and the proprietors touching the conditons of his bond. This bond was executed by Clapp, September 8th, 1764. The penal sum was $500, and the conditions were as follows:
"The condition of the present obligation is such that if the above-named Jonathan Clapp, his heirs, executors, & administrators shall on or before the first day of July next erect a mill-dam on the falls on the Middle Branch of the river called Westfield River, in the new town called Murrayfield in said county of Hampshire, adjoining to the lot of Mr. John Webber. being lot No. 64, & erect a corn-mill thereon & finish the same well & workman- like & keep the mill & dam to be so erected in good repair for the space of seven years from the first day of May next, & find & provide a good miller to attend to the same during the term aforesand for the benefit of the inhabitants of said Murrayfield aforesaid to grind their grain (extraordinary casualties excepted), that then this present obligation will be void & of none effect; but in default thereof to abide & remain in full force & virture.
JONATHAN CLAPP & SEAL."
The proprietors brought a suit against him for breach of the conditions of this bond. The writ was dated April 10th, 1767 & returned to the court of common pleas at the following May term. The suit was submitted to referees, & at a meeting of the proprietors in the autumn of 1767 Abijah Willard was appointed "to attend on behalf of the proprietors upon the refer- ence between the proprietors & Mr. Jonathan Clapp relating to the corn-mill in Murrayfield."
The record of the January term of the court, 1768, says: "This action being under reference and no report given in, ordered that the same be continued to next term under the same rule." The case was finished at the August term. The referees found against Clapp and awarded five pounds and fifteen shillings "for damages for not build- ing and finishing the said mill and dam agreeably to the conditions of said bond, and costs of court and reference, the cost of reference being taxed at three pounds and sixteen shillings."
51
A HISTORY OF MURRAYFIELD.
This mill was erected upon lot A of the the third division of lots surveyed October, 1764, located on the left bank of Middle Branch, contained 100 acres, and the proprietors called it the " Mill Lot." On the 30th of October, 1765, Jonathan Clapp, describing himself as of Northampton, gave a deed of this property to Jonathan Wait of Murrayfield and described it as follows:
" Bounded westerly on the Middle Branch of Westfield river, so-called, south- erly on Timothy Smith's land; easterly on land belonging to the original proprie- tors of said Murrayfield; northerly on the Minister Lot, or lands of the origi- nal proprietors, together with the grist-mill, dam, & other appurtenances to said mill, standing on said Middle Branch contiguous, on, or adjoining the said tract." This describes the whole of lot A and it was bounded by Timothy Smith's five hundred acre farm on the south; on the east by lot B of the third division, which was granted to Timothy Paine, & by him sold to Gershom Rust. The highway, at first, was on that side of the river, being legally laid out in 1769 & described as "beginning at Worthington line, then southerly by Mr. Wait's mill east side of the Middle Branch, by Timothy Smith's," etc.
Other mills were built shortly after these first ones on the East Branch, both above and below the present location of Norwich bridge,
GENERAL OBSERVATIONS.
The settlers upon the proprietors' settling lots were to some degree under their protection and under their supervision; but with the set- tlers upon Ingersoll grant and upon Bolton grant, and possibly with those who purchased their lands of the proprietors for a money consid- eration, it was otherwise. All these settlers were without any organ- ized town government, and without any officers of the law to enforce order, although they were undoubtedly amenable to the laws of the province and were subject to the jurisdiction of the courts within the county of Hampshire. But the remoteness of the officers of the law would naturally lessen their fear of the judicial machinery as a restrain- ing influence upon their conduct, and yet, so far as we can learn, they were an orderly and law-abiding community, as we should have a right to expect from the fact that they were of puritan stock; they were British subjects; they had been educated to respect law and order and religion; wherever they went the common law went with them as their guide and rule of conduct; and they respected whatever was right and hated whatever was wrong. It was because of such people as these that our ancestors were able to establish a republic. These people had that sense of honor which insures respect for the rights of others, and the requisite courage to assert and maintain their own rights.
CHAPTER FOURTH.
INCORPORATION OF MURRAYFIELD.
The incorporation of township No. 9 under the name of Murrayfield took place October 31st, 1765. This is of sufficient importance to justify a full copy of the act, which is as follows: "Whereas the pro- prietors of the plantation called and known by the name of Murray- field, have represented to this court that the inhabitants of said plan- tation labor under many difficulties and inconveniences by reason of their not being incorporated; for the removal thereof, Be it enacted by the Governor, Council, and House of Representatives:
"SECTION 1. That said tract of land bounded and described as fol- lows, viz .: bounded northerly partly on Chesterfield and partly on a new township known by the name of Number Three, and runs from the southwest corner of said Chesterfield to the northeast corner of Becket; thence, on the east line of Becket, to the southeast corner of said Becket; and from thence, the same course, to Blandford line; thence bounded south, partly on said Blandford and partly on Westfield; and east, partly on Southampton and partly on Northampton, be, and hereby is, erected into a town by the name of Murrayfield; and the in- habitants thereof shall have and enjoy all such privileges and immu- nities as other towns in this province have and do enjoy.
" And be it further enacted:
" SECTION 2. That Eldad Taylor, Esq., of Westfield, be, and hereby is, empowered to issue his warrant to some principal inhabitant of said town of Murrayfield, requiring him in his majesty's name, to warn and notify the said inhabitants qualified to vote in town affairs, to meet together at such time and place in said town, as shall be ap- pointed in said warrant, to choose such officers as the law directs to be chosen annually, in the month of March, and may be necessary to manage the affairs of said town; and the inhabitants, so met, shall be, and hereby are, empowered to choose officers accordingly. Oct. 31st, 1765."
There is no evidence in existence that any valuation list was taken as a basis for determining the qualification of voters. Probably such a list was taken, but it was not preserved.
53
A HISTORY OF MURRAYFIELD.
July 11, 1261, an act was passed for the purpose of providing for calling meetings of the inhabitants of unincorporated plantations for the purposes of taxation by the province or by the county, and for choosing assessors to assess such taxes. Section 2 of the act reads as follows: " The assessors so chosen and sworn shall, thereupon take a list of the rateable polls, and a valuation of the estates and faculties of the inhabitants of such plantation for a rule by which to judge of the qualification of voters in meetings of the said inhabitants thereafter to be holden, until other valuation shall be made." Section 3 provided " that in case the inhabitants of any such plantation shall neglect to assemble, or being assembled shall neglect to choose all such officers as herein before are required, it shall be in the power of the court of general sessions of the peace in the county where such plantation is, and the justices of such court are required to appoint some meet per- sons, inhabitants of such plantation, to be assessors and collectors of such taxes as aforesaid, who shall be duly sworn to the faithful dis- charge of their respective trust, and shall conform to the directions and proceed by the rules which assessors and collectors in towns cor- porate are obliged to observe."
FIRST TOWN MEETING.
The records of the town of Murrayfield begin with a copy of the act of incorporation; and then immediately the record continues as follows: " Pursuant to said act Eldad Taylor, Esq., issued this warrant under his hand and seal in his majesty's name directed to John Smith of Murrayfield, to notify the inhabitants of said Murrayfield to meet at the house of Malcom Henry in said Murrayfield on Tuesday the eleventh day of March, at ten of the clock in the forenoon, Anno Domini 1766 for the choice of town officers." The record sets forth no copy of the warrant. The inhabitants having met pursuant to the warrant, Eldad Taylor was chosen moderator, and then the following named town officers were chosen and sworn into office:
TOWN CLERK AND TREASURER, Malcom Henry.
SELECTMEN AND ASSESSORS. Timothy Smith, John Smith and Malcom Henry.
SURVEYORS OF HIGHWAYS, Thomas Kennedy, Gideon Matthews, Nathan Mann, William Miller and David Bolton.
TITHINGMEN, Samuel Elder and James Clark.
WARDENS, Israel Rose and William Mann. (Probably Fire Wardens. )
54
A HISTORY OF MURRAYFIELD.
SURVEYORS OF TIMBER AND LUMBER, Abraham Flemming and Isaac Mixer.
FENCE VIEWERS, John McIntyre, Ebenezer Meacham and Ebenezer Webber.
SEALER OF WEIGHTS AND MEASURES, Jonathan Wait.
HOG-REEVES, Ebenezer King and Stephen Lyman, whose duty it was to see that the laws regulating the keeping of swine were observed, and to prosecute all offenders.
DEER-REEVES, Alexander Gordon and Samuel Webb, whose duty it was to enforce the laws which had been passed by the General Court for the preservation of deer. The only vote passed at this meeting other than the election of officers was the following: "Voted that swine shall run at large from the middle of September to the middle of May following." At this time the law required that all swine going at large on the commons from the first of April to the fifteenth of October should be sufficiently yoked or ringed in the nose. No yoke was accounted sufficient which was not the full length of the swine's neck, and half as much below the neck, and the sole or bottom of the yoke three times as long as the breadth or thickness of the swine's neck. If any swine were found unyoked or unringed, their owners were liable to pay sixpence per head, and if also found damage feasant to pay twelvepence per head, over and above double damage to the party injured; and the haywards or field-drivers, or any other person, were authorized to take and impound such swine. Towns, however, were permitted to enlarge the time by so voting at a legal town meeting.
The record shows no action of the town at this time touching the raising and appropriation of money. The reason why no measures were taken at this meeting to raise money was, probably, that the in- habitants, relying upon the expectation that the proprietors were to build the necessary roads and bridges-an expectation which the pro- prietors had encouraged by their promises-saw no immediate necessity for taxation. They were not then in condition to establish public schools, if, indeed, there was at that time a necessity for schools. Their first necessity was to build suitable houses for shelter, and to clear enough land to provide for the sustenance of themselves and their cattle. The incorporation of the town would have been deferred to a later period had the settlers been left to their own choice. The pro- prietors urged the incorporation at this time for their own advantage, and it is not improbable that one of their purposes was to escape the burden of road and bridge building. There is reason to believe that many people living within the limits of the township, particularly
55
A HISTORY OF MURRAYFIELD.
those living within the Ingersoll grant, were opposed to the incorpo- ration of the town, and felt that it was a scheme to impose taxes upon them for the benefit of the proprietor settlers. Discontent arose on the part of the inhabitants of the east end of the town, which ulti- mately led to a division of the township.
THE FIRST TOWN CONTROVERSY.
There was enough of the Gaelic and Celtic elements among the set- tlers of Murrayfield to keep the affairs of the town somewhat lively. It is not at all strange that men of adventurous spirit, and who courted diflienlties which would have crushed an effeminate people, should have been at times hot-headed. The spirit of contention appeared early in the town of Murrayfield in an ugly form before the time for holding its second annual town meeting was reached. It was excited to activity in this way: In September, 1766, the selectmen notified the inhabitants of the town to bring in the lists of their rateable estates on or before October 20th of that year. Before that time had expired, Timothy Smith and Maleom Henry, two of the selectmen and assessors, closed and signed a list of valuation. But John Smith, the other as- sessor, refused to sign it, claiming that they had no right to close the list at that time, and that the list so closed was invalid. Timothy Smith was persuaded to the same view. The two Smiths agreed to give a new notice and re-take the valuation, but Henry refused, claim- ing that the valuation list just taken was to all intents and purposes a legal list. The Smiths took a new list of valuation and assessed the taxes by the new list. This new list was tendered to Malcom Henry. as town clerk, in order to be lodged with him for the regulation of votes at the March meeting in 1762, but Henry refused to take it. When the inhabitants assembled at the March meeting they at once got into a dispute as to whether the qualification of voters should be determined by the first or by the second valuation list, and the voters thereupon formed into two parties and separated, each party holding a separate town meeting, and two sets of officers were chosen for the town. This led to great confusion and to law suits. The lawyers who were consulted were of opinion that neither set of officers was legally chosen. This state of affairs gave the original proprietors great anxiety; and at a meeting which they held November 4th, 1267. they drafted and sent to the inhabitants of the town the following letter: "We, the subscribers, the proprietors of Murrayfield, have this day had a meeting: and it is with great concern that we find so many unhappy divisions subsisting in said town to the destruction of the interests of
56
A HISTORY OF MURRAYFIELD.
the settlers and proprietors. And after fully considering of your affairs and all circumstances relating thereto do give you our advice in your affairs, and desire your compliance as you value our future favors. First that the lawsuit subsisting between Messrs. Smith and Taggart be dropped, and that each party pay his own costs, and that at present there be an end of lawsuits relating to town affairs. That the town join and petition to the General Court at their next session, and therein set forth the whole transaction of both parties at their last March meeting, and the difficulties subsisting in said town in consequence thereof, and pray for their aid and assistance that all matters may be set right for the future."
An address setting forth the difficulties into which the town had got and praying for relief was presented to the Governor and Council and House of Representatives on behalf of the inhabitants of the town by Timothy Paine and John Murray as their agents, with the follow- ing result: "In Council January 23d, 1768, read and ordered, that Abijah Willard, Esq., Eldad Taylor and Capt. Charles Baker, or any two of them, be empowered to take a list of valuation under oath of all the rateable estates real and well and personal in said Murrayfield, they first giving at least ten days notice to said inhabitants before they proceed on said business by posting up a notification in said town, and when they have completed said list make a return thereof to Timothy Smith, John Smith and Malcom Henry, selectmen chosen in said town for the year 1766; and upon receipt thereof the said selectmen be em- powered to make out their warrant to some principal inhabitant of said town, requiring him to notify a meeting of said inhabitants quali- fied to vote in town affairs, to meet and assemble in said town for the choice of town officers for the ensuing year, and that the valuation so taken be the rule for determining the qualification of voters at said meeting, and that Simeon Strong, Esq., be appointed to moderate at said meeting; and that if it should so happen that the said valuation can not be taken in convenient time for holding said meeting in March next, that said meeting be held as soon after as it conveniently may be; and the transactions of said inhabitants at said meeting be valid to all intents and purposes, as if said meeting had been held in the month of March." This order was passed and became a law February 11th, 1768. Abijah Willard and Charles Baker, both non-residents, took the valuation and returned the list to the selectmen named in the order, April 19th, 1768. Unfortunately neither of the former val- uation lists were preserved. The list taken by Willard and Baker was as follows:
57
A HISTORY OF MURRAYFIELD.
POLLS.
HORSES.
OXEN.
Cows.
SHEEP.
SWINE.
. MONEY
TOTAL
PERSONAL
ESTATE.
REAL
ESTATE.
TOTAL.
Absalom Blair.
1
1
1
0
2
0)
0
=
1
0
0
1
0
0
0)
1-10
3
4-10
James Brown,
1
0
0
0
0
0
0 0
3
3
James Black,
1
0
0
2
8
0
0
4- 4
15
19- 4
David, Bolton. .
1
1
1
11
1
0)
5
38
43
James Clark,
1
0
()
1
0
0
0
1 10
0
1-10
James ( 'row,
1
D
=
1
0
0
0
1-10
0
1-10
Thomas Crow,
1
0
0
U
0
C
0
0- 0
0
0
David Crow.
1
=
0
=
0
0- 0
0
0
Ebenezer Dowd ..
1
()
1
1
0
3
5- 2
Samuel Ellis. .
2
0
()
0
0
=
0
5- 9
34
39- 9
Samue: Elder, .
3
1
3
0)
1
0
10-18
49
59-18
Caleb Fobes.
1
1
0
0
0
0
0)
8-17
3
38-17
Abraham Flemming,
1
1
0
0
1
0
0
12
10
22
James Fairman, .
1
0
0
0
0
(
0
0- 0
0
0- 0
Samuel Fairman,
1
0
0
1
0
2
0
2 8
19
21- 8
Zebul ·n Fuller.
1
0
0
3
0
0)
0
1-10
14
18-10
Malco , Her ry, .
2
1
2
2
4
0
9-12
15
21-12
James Hamilton,
1
1
0
1
0
3
0
4 14
12
16-14
David Gilmore,
1
0
2
0
0
0
0
4- 0
12- 0
John Gilmore.
1
0
0
0
0
0
0
0- 0
0
0- 0
William Campbell.
1
0
0
1
0
0
0
1-10
5
6-10
Matthew Campbell,
1
0
0
0
0
0
0
0- 0
0
0- 0
Thomas Kennedy
2
D
0
2
10
3
0
5-14
17
22-14
William Kennedy,
1
0
0
0
0
0
0
0 0
0
0- 0
John Laccore
2
1
2
2
2
1
0
9-14
30
31-14
Lemnel Laccore,
1
0
0
0
0
0
0
0- 0
0
26-12
Stephen Lyman. .
1
0
0
1
0
2
5
4-12
22- 3-7
Timothy Lyman,
1
0
0
0
0
0
3
0- 3-7
8-14
32-14
Ebenezer Meacham,
1
1
2
1
0
1
0
7- 8
50
59-8
Isaac wixer Jr.
1
0
0
1
0
1
0
1-18
G
7-18
William Miller,
1
2
0
1
10
1
0
1
0
0
2
0
0
0
3-10
10
13-10
William Mann,
1
1
2
2
0
0
0
Nathan Mann,
1
1
0
2
0
0
0
5
William Moore.
1
0
0
0
0
0
0
0- 0
James Mcknight,
1
0
2
1
0
0
0
5-10
1
Gideon Matthews,
1
0
0
2
0
0
0
3
3
6- -
Abner Pease, .
1
0
0
1
0
2
0
2- 6
13
15- 6
Robert Proctor,
1
0
2
1
6
0
0
6- 8
16
22- 8
Israel Rose.
0
1
0
0
0
3
0
0
0- 9
0
0-9
Zebulon R.e.
1
1
1
2
12
2
0
9 12
26
35-12
Abner Smith,
1
1
1
2
0
4
0
8-12
28-12
David Scott.
1
1
2
3
5
0
0
11- 5
26
37- 5
Thomas Smith,
1
1
1
1
0
0
0
5-10
16
21-10
Ezekiel Snow. .
1
0
0
0
0
0
0
0- 0
0
James Taggart
2
1
2
2
0
7
0
11-16
2.4
35-16
Daniel Twadwell,
1
0
0
3
0
0
0- 9
6
6- 9
Peter Williams,
1
2
4
3
0
0
0
16-10
12
28-10
Samuel Webb
1
0
0
1
0
0
1-10
0
1-10
Jonathan Wait,
1
0
0
1
0
0
0
1-10
16
17-10
Jonathan Ilart Webber,
1
0
3
1
0
0
2
7-12
24
31-12-4
Ebenezer Webber,
1
2
1
1
5
0
8-13-4
30
38-13-4
Reuben Woolworth,
1
1
2
2
0
0
0
9
7
Thomas Wright .
1
0
0
0
0
0
0
0- 0
0
TOTAL.
76
32
50
74
123
40
83
1
0
0
0
1-10
2.1
25-10
Bigott E: gleston,
0- 0
0
0
Jebial Eggleston,
1
0
2
1
0
1
0
0
0
5 10
10
17-12
James Gilmore,
1
1
1
2
1
5
1
8
Dani-1 Meeker.
1
1
2
0
0
0
9- 0
John McIntire.
1
0
1
1
5
2
0
5- 1
1
Nathan Rose,
1
1
6
0
0
2-8
12
14- 8
Timothy Smith,
1
2
2
1
0
0
10- 6
16
26- 6
Isaac Mixer.
2
2
0
8
0
0
0- 0
0
0
()
0
0
0
1-10
6
8
David Blair,
1
0
0
0
=
0)
12
30
42
9
16
Robert Blair, .
€ s.
E s.
£
13
3
1
1
0
2
William Fobes.
1
Al. xander Gordon,
I
.
John Smith.
28
35- 8
Fbenezer King,
2
1
3
0
John Crow. Jr.,
1
16-
58
A HISTORY OF MURRAYFIELD.
The old record book in which the foregoing list is recorded has some time been gnawed by mice, so that the record of this list is left imperfect.
WARRANT FOR THE THIRD TOWN MEETING.
Upon receiving the valuation list the selectmen immediately issued a warrant of which the following is a copy:
"Hampshire ss. To Mr. James Fairman, one of the principal inhabitants of the town of Murrayfield. In his majesty's name you are hereby required to notify & warn all the inhabitants of the town of Murrayfield that are qualified to vote in town affairs to meet at the New Public meeting house in said town on Tuesday the fifth day of May next bv eleven of the clock in the forenoon then & there to proceed to choose town officers for the ensuing year, viz: town clerk, selectmen, constables, assessors, town treasurer, tything-men, & all other ordi- nary town officers that are required by law to be chosen in the month of March; & also to grant money to defray the necessary charges of said town. Fail not, but make return hereof with your doings thereon to one of us before the time of meeting. Given under our hands & seals at Murrayfield this nine- teenth day of April Anno Domini 1768, & in the 8th year of his majesty's reign.
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