The annals of Sudbury, Wayland and Maynard, Middlesex County, Massachusetts , Part 11

Author: Hudson, Alfred Sereno, 1839-1907
Publication date: 1891
Publisher: A. S. Hudson
Number of Pages: 504


USA > Massachusetts > Middlesex County > Maynard > The annals of Sudbury, Wayland and Maynard, Middlesex County, Massachusetts > Part 11
USA > Massachusetts > Middlesex County > Sudbury > The annals of Sudbury, Wayland and Maynard, Middlesex County, Massachusetts > Part 11
USA > Massachusetts > Middlesex County > Wayland > The annals of Sudbury, Wayland and Maynard, Middlesex County, Massachusetts > Part 11
USA > Massachusetts > Middlesex County > Sudbury > The annals of Sudbury, Wayland, and Maynard, Middlesex County, Massachusetts > Part 11
USA > Massachusetts > Middlesex County > Wayland > The annals of Sudbury, Wayland, and Maynard, Middlesex County, Massachusetts > Part 11
USA > Massachusetts > Middlesex County > Maynard > The annals of Sudbury, Wayland, and Maynard, Middlesex County, Massachusetts > Part 11


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).


Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39


" WALTER HAYNE, "EDMUND GOODNOW, " WILLIAM WARDE, " JOHN REDDICKE, " HUGH GRIFFIN."


Cousiderable importance was attached in the early times to the seating of people in the meeting-house, and in the records of new houses of worship mentiou is made of this matter. Respect was had to social condition and circumstance ; committees were chosen to adjust these matters in the payment of rates, and references are made in the records of town-meeting to the requests of parties about their seats in the meet- ing-house. A rule that was general was that the men should sit at one end of the pew and the women at the other. In the third meeting-house erected iu Sudbury it was a part of the plan that the pews should be so arranged as to seat seven men on one side and seven womeu on the other. In this first meeting- house of Sudbury the people purchasing seats had a right to dispose of their purchase, in case they should leave the settlement; but the right was reserved by the town of seatiug the parties who purchased, as is declared by the following record, January 26, 1645 ; It was "ordered that all those that pay for seats in thic meeting-house shall have leave to sell as many seats as they pay for, provided they leave the seating of the persons to whom they sell to the church offi- cers, to scat them if they themselves go out of town." About this first meeting-house a burial-place was soon started.


Iu mecting public expense, rates were made on the meadow lands, or in proportion as the people were possessed of them. These meadows were early divi- ded among them, three apportionments having been made by 1640.


This division of meadow land was an important transaction. It was not only a disposal of common property of the proprietors, but it established a stand- ard of rates, and in a certain sense of valuation. For example, money to pay for land purchased of Karte was to " be gathered according to such quantity of meadow as are granted to the inhabitants of the town." In the division of "uplands," the rule of re- ceiving was according as a person was possessed of " meadow." In the pasturage of the extensive cow common, the people were to be limited in the number of cattle put in by their meadows, or their rates as based upon them.


In the erection of the meeting-house aud pay of the minister, reference was had to rates paid on the


OLD GRIST MILL,


WAYLAND.


See page 206


11


WAYLAND.


meadows. Perhaps the meadows thus assigned might properly be termed meadow-rights. As in some places the "acre-right" would procure lands or privileges in proportion to the part paid into the common venture by the proprietor, so in Sudbury the meadow-right might do likewise; and a person who possessed an original meadow-right might possess a right to subsequent land allotments, or the right of his cattle to commonage, so long as the town had un- divided territory. Thus it might be said that the proprietors received values on their investment in the enterprise, not by monied divisions, but by land divisions. Hence, these divisions of land might be called the dividends of those early days, and the money raised by the town on the basis of these early divisions of meadow might be called assessments on the stock made to meet public expenses. We con- clude tliat these meadow-rights or dividends were merchantable, to the extent that a person in selling thein might or might not convey the right that belonged to them, as related to commonage and otlier allotments. The lands that were given by gratu- lation, for worthiness or work done for the public, might or might not have the privileges of an original meadow-right or dividend. In raising money to pay Karto for the land which the town last bought of him, it was ordered that " all meadow was to pay at one price, and that all meadow given by way of gratu- lation should have right of commonage."


That the original grantees, and those subsequently given the privilege of such, as a "gratulation " for services performed for the settlers, could transfer the right to subsequent divisions of the common and un- divided land, is indicated by the records of the pro- ceedings of the proprietors of these lands many years after the settlement of Sudbury. In the Proprietors' Book of Records, as will be noticed further along, arc given repeated lists of the names of the early grantees, even after the most, if not all of them, had passed away. These lists are referred to as those possessing an original right to the town's undivided land, and may indicate that wherever or whenever one pos- sessed that right as it had been conveyed through the years, in whatever way, that person could claim land when a division was made, or could vote on the disposal of the proprietors' undivided territory.


An early rule for the apportionment of meadow is the following :


" It was ordered and agreed that the meadows of the town of Sudbury shall be laid out and given to the present inhabitants as much as shall be thought ineet, according to this rule following :


Imprimis,-


To every Mr. of a ffamilie 6 akers


To every wiffe 61/2 akers


To every child 11/2 akers


To every mare, cow, ox, or any other cattle that may amount to 20£., or so much money . 3 akers "


We conjecture that the meadow lands allotted by this rule were for encouragement, and to give the in- habitants at the outset a means of maintenance for 4


their flocks; and that other rules were made use of when the division became the basis of assessments of rates, as bestowal of meadow dividends.


A record of the divisions is presented in the town books, and the following is the preamble to one of them:


" A record of the names of the Inhabitants of Sudbury, with thelr sev- eral quantity of meadow to every one granted, according to their estates, or granted by gratulation for services granted by them, wbich meadow is ratable upon all common charges."


While land divisions were being made, reservations were also made of lands for pasturage, which it was understood were to remain undivided. These lands were called "Cow Commons," and the record of them explains their use. The first was laid out or set apart the 26th of November, 1643. The record concerning the location is as follows :


" It is concluded by the town that all the lands south ward that lie from the southeast corner of the house-lot of Robert Darnill, unto the common cartbridge going to Edmund Goodnow's meadow, and so upon a strait line to Watertown bound, which lands so granted, for a cow common, shall never be reserved or laid down without the consent of every In- babitant that hath right in commonage. All the lands we say that are contained within these terms, that is between the houselot of Robert Darnill and the cartbridge before specified, southward within the five miles bound first grauted, down to the great river, and bounded ou the side which the extremity of our line bounding Watertown and Sudbury, all our land contained within these terms, except all such land as have been granted out in particular ; that is to say, a neck of upland lying between Mill brook and Pine brook; also auother neck of land, with the flat belonging to it, lying between the aforesaid neck and the great river on the other side ; also another plat of land that lyeth westward from them, containing some 3 or 4 score acres, aud granted out to par- ticular men.


" The Inhabitants of the town are to be limited and sized, in the put- ting in of cattle upon the said common in proportion, according to the quantity of meadow the said Inhabitants are stated in upon the divi- sion of the meadow, or sball be instated in by purchase hereafter pro- vided they buy with the meadow the liberty of commonage allotted to such a quantity of meadow as shall be purchased."


It is somewhat difficult to define the bounds of this cow common exactly from the description given in the records, but the following may be considered its general outline : From Weston bound direct to Way- land Centre, thence west of south to the river, and thence again direct to Weston bound.


The following are some of the early laws enacted by the town :


LAWS RELATING TO DOMESTIC ANIMALS .- In 1641 it was ordered that "every one that keeps any hogs more than his own within one fortnight after this day shall rid them out of this town only that for every hog that shall be taken in to be kept by any won more than his own for every week shall pay five shillings." In 1643 it was ordered "that every in- habitant should drive out his hog every morning into the wood, and when they come home at night to see them shut up safe, or else, if they be about the street, to ring and yoke them." In 1648 it was voted in town-meeting, " that every swine that shall be found of any man out of his own properity, without a sufficient yoke and ring, after the first of March next, the owner thereof shall forfeit for every swine so taken one shilling, and if the swine be yoked and not ringed,


42


WAYLAND.


or ringed and not yoked, then six pence for any swine so taken, beside all the damage done by any such swine." It was also "agreed that all yokes should be under the throat of the swine, and so long as the swine was high and a rope go up on each side to be fastened above, and that swine should not be ac- counted sufficiently ringed if they could root."


In 1643 it was "ordered by the freemen of the town that all the cattle within this town shall this summer not be turned abroad without a keeper, and the keeper shall not keep any of the herd in any of the great river meadows, from Bridle Point downwards towards Con- cord, the intent of the order to preserve the river mea- dows." In 1655 it was ordered that " all young, new- weaned calves shall be herded all the summer time."


It was ordered that "every goat that is taken in any man's garden, orchard or green eorn shall be im- pounded, and the owner shall pay for any such goat so taken 3 pence."


In 1754 it was voted " that a fine of two shillings be laid upon the owner of any dog or dogs that should cause and make any disturbanec at either of the meet- ing-houses on the Lord's day, or Sabbath day, one- half of the fine was to go to complainant and the other half to the use of the town."


LAWS CONCERNING AMMUNITION AND FIRE-ARMS. -In 1653, "The town appointed Edmuud Goodnow and Hugh Griffin to divide the shot and overplus of bullets to the inhabitauis, what was wanting in shot to make up out of the overplus of bullets, and the shot and bullets to be divided to each man his due by proportion according to what every man paid so near as they can."


In 1669, " Edmund Goodnow, Jolin Parmenter, Jr., and John Stone were to see to the barrel of powder, to the trial of it, to the heading it up again, and to take some course for the safe bestowing of it."


The same year the selectmen not only ordered for the providing of a barrel of powder, but a hundred pounds and a half of musket bullets, and a quarter of a hundred of watches. When the third meeting- house was built, it was ordered that there should be in it " a convenient place for the storing of the am- munition of the town over the window in the south- west gable." About that time the town's stock of ammunition was divided and intrusted to persons who would " engage to respond for the same " in ease that it was " not spent in real service in the resistance of the enemy."


The Colonial Court at an early date ordered that " the town's men in every town shall order that ev'y house, or some two or more houses ioyne together for the breeding of salt peetr i' some out house used for poultry or the like." The duty of. looking after this matter for Sudbury was assigned to Ensign Cake- bread. The saltpetre thus obtained was for the man- ufacture of gunpowder. In 1645 Sudbury was "freed from ye taking further care about salt peeter houses : : : in answer to their petition."


In 1642 the Court made more stringent the laws previously existing against selling fire-arms to the Indians, exacting a forfeiture of £10 for the sale to them of a gun, and £5 for a pound of powder.


In 1643 the Court ordered " that the military offi- cers in every town shall appoint what arms shall be brought to the meeting-house on the Lord's days, and other times of meeting, and to take orders at farms and houses remote that ammunition bee safely dis- posed of that au euemy may not possess himself of them."


COMMON PLANTING-FIELDS .- In the town's earlier years it was the practice to plant fields in common ; and repeatedly in the records are these common fields referred to. These planting-places were situated in different parts of the town : between the old North and South Street in the neighborhood of the Glea- sons, also between Mill Brook and Pine Brook along "the Plain" in the vieinity of the Drapers, and toward the south bound of the town, near the new bridge.


FENCE-VIEWERS AND FENCES .- A good degree of attention was early bestowed by the town on its fenees. Several surveyors were appointed each year to look after them ; and although the office of " fenec-viewer" has now gone into disuse, it was onee one of consid- erable responsibility. As early as 1655, "Surveyors were appointed to judge of the sufficiency of the fences about men's particular properties in cases of damage and difference." We read in the records that John Maynard and John Blanford were, a certain year, to attend to the fenees "of the field and the cornfield on the other side of the way from the pond to the training place." "Edmund Rice and Thomas Goodenow for all the fences of cornfields from new bridge southward within the town bound."


In 1666 the records state that "Persons were ap- pointed surveyors for this year over the fields where Henry Loker dwells, and the field fences, where Solo- mon Johnson dwelleth." Field fences are mentioned as being on the south side of Pine Brook, also as being between Mill Brook and Pine Brook; also, "upon the hill from the little pond by the dwelling- house of John Blanford unto Mill brook." Several kinds of fences were used. One kind was made by ditching. It was ordered, in 1671, "That all the great river meadows shall be fenced, that is to say that all the proprietors of the great river meadows shall fence the heads or both ends of the meadows, and where it may be necessary, to have a ditch made from the upland to the river at the charge of the squadron that shall lie on both sides of the said ditch according to their benefit." For the upland, also, this mode of fencing was sometimes used. By the roadside, about half-way between Wayland Centre and the Plain, are distinct traces of one of these an- cient fences.


Hedges were sometimes made use of. Mention is made of fences that were to be made up "of good rails


ABEL GLEZEN, At the age of 40.


13


WAYLAND.


well sct three feet and one-half high or otherwise good hedge well staked or such fences as would be an equivelant the fences to be attended to by April 1st if the frost give leave if not then ten days after." After a certain date all the field fences were to be closed, as is indicated by the following : "It is ordered, that all the fences that are in general fields, in this town of Sudbury, shall be shut up by the 10th May or else to forfeit for every rod unfenced five shillings."


STAPLE CROPS .- Some of the staple crops were Indian corn,-sometimes called by the one word " Indian,"-rye, barley, wheat, peas and oats. Hemp and flax were also raised.


Hay was early a great staple article; this, as we have noticed, the river meadows bountifully pro- duced. To such an extent did this crop abound, that the settlers not only kept their own stock, but they received cattle from abroad.


The time for cutting the meadow grass is indicated by such statements as these. When Sergeant John Rutter hired the Ashen swamp meadow, "he was to cut the grass by the 10th of July, or else it shall be lawful for any other man to cut the said meadow." He was to pay for it that year four shillings and six pence. Such prices as the following arc also men- tioned: two bushels of wheat and one bushel of In- dian corn for Long Meadow. Strawberry Meadow was let out the same year, 1667, for one bushel of wheat ; also the minister's meadow in Sedge Meadow was let out for eight shillings to be paid in Indian corn; Ashen Swamp Meadow was let out the same year to Ensign John Grout for three shillings, to bc paid one-half in wheat, the other in Indian corn. The meadow on the southeast side of the town was let out to Henry Rice for a peck of wheat. These, we think, were probably common meadows of the town, and let out fromn year to year.


Measures were taken from time to time for improving the meadow lands. In 1645 a commission was granted by the colonial authorities (Colony Records, Vol. II., p. 99) "for ye btt" & impvng of ye medowe ground vpon ye ryver running by Concord & Sudberry." Later, also in 1671, a levy of four pence an acre was to be made " upon all the meadow upon the great river for the clearing of the river ; that is, from Con- cord line to the south side, and to Ensign Grout's spring."


CLIMATE .- The following records will serve to in- dicate the character of the climate at that period com- pared with the present. It was at one time ordered by the town that the fences should be set by the 1st or the 10th of April. In 1642 " it was ordered that no cattle were to be found on the planting fields and all the fences were to be up by March 1st."


CARE OF THE POOR .- In 1649 it was ordered that certain persons " have power to speak with Mrs. Hunt about her person, house [or home] and estate, and to take some care for her relief." The following vote was recorded years afterwards: that " Mrs. Hunt


shall have fifty shillings, out of a rate to be made this present February, 1665, this in respect of her poverty." In 1669 [or '67] Mrs. Hunt was to have fifty shil- lings pension paid out of the town rate. In 1673, " because of the poverty of her famely, it was ordered that Mr. Peter Noyes do procure and bring sergeon Avery from Dedham to the Widow Hunt, of this town, to inspect her condition, to advise, and direct, and administer to her relief, aud cure of her dis- temper." Ten pounds were also to be put " into the hands of Peter Noyes with all speed to assist Mrs. Hunt with."


About 1663 a contract was made with Thomas Rice to keep a person a year, "if he live as long," for which he was to have five pounds sterling; and if the person kept had any, or much sickness during the year, the town was to give Mr. Rice " satisfaction to content, for any physic, attendance or trouble." In 1663, £7 were added to the present rate, " for the use of Thomas Tfling's sickness, and to pay for intend- ance of him." In 1664 John White was "exempted from paying his present rate to the town, and also unto the minister." Dr. Loring, in his diary, gives repeated instances of collections taken for the af- flicted in the time of his ministry ; as, for example, in 1750 : " Lord's day, had a contribution for Thomas Saunders, laboring under a severe and incurable cancer; collected £16-8-0." In 1757 or '59, " had a contribution for our brother, Tristam Cheeney. £31 was gathered." About 1762, October 7th, public Thanksgiving : " A contribution was made for the wife of Asahel Knight, of Worcester. £18 was col- lected."


But, while the people, as shown by such instances, were generous to the deserving poor, as a town they took stringent measures for the prevention of pov- erty. This they did, both by discouraging its importa- tion, and by encouraging what tended to thrift. In the records we find the following ; " In consideration of the increase of poor people among us, . as also considering how many poor persons from other towns come in to reside, Ordered, That not any one who owned houses or lands in town should either lct or lease any of them unto any strangers that is not at present a town-dweller, without leave or license first had and obtained of the selectmen in a select- men's meeting or by leave had and obtained in a gen- cral town-meeting or otherwise shall stake down, de- positate, and bind over a sufficient estate unto the selectmen of Sudbury, which said estate so bound over unto the said selectmen, that shall be in their the said selectmen's judgment sufficient to have and se- cure the town of Sudbury harmless from any charge that may so come by the said lands so leased, and if any person notwithstanding this order shall lease any houses or lands unto any stranger as above said with- out lisence and giving good security as above said, shall for every week's entertainment of a stranger into his houses or lands forfeit the sum of 19 shillings


44


WAYLAND.


6 pence to the town of Sndbury ; and any person bringing a stranger presuming to come as a truant contrary to order as above said, shall for every week's residence forfeit 19 shillings 6 pence to the town of Sudbury."


In 1683 Mathew Rice was to be warned to come before the town clerk, for admitting to some part of his land Thomas Hedley, who brought his wife aud child. Thomas Hedley was also to be warned to quit the towu. Another person was cen- sured for "taking in and harboring of Christopher Petingal, who is rendered to be a person of a vicious nature, and evil tongue and behavior, and otherwise discouraging enough." In 1692-93 a law was enacted by the Province, by which towns were allowed to warn away strangers. If the warning was not given within three months, then the parties so far beeame residents, that, if in need, they were to receive assistance from the towu. If persons warned did not leave within fourteen days, the constable could re- move them by law. The town repeatedly made use of this power.


Means were also taken for the encouragement of in- dustry.


About 1663 the town voted to grant "Mr. Stearns of Charlestown, ironmonger and blacksmith," certain meadow lands, and " firewood for his family use, and wood for coals for to do the smithy work." He was also to take timber in the commons "to build his house and shop and fence." A little later Joseph Graves was allowed to take timber to build a house, and part of the land formerly given him to erect a smith shop upon. Also there was granted to Richard Sanger "six acres of meadow, on the west side of the river, upon the condition he stay amongst us to do our smith's work for four years, the time to begin the twenty-fourth day of August, 1646."


EDUCATION .- The following records afford some information concerning early educational advantages. In 1664 "the town promised to give answer at the next meeting whether or no they will accommodate Mr. Walker [with] any lands towards his encour- agement to keep a free school in Sudbury." We infer that Mr. Walker was encouraged in his project by , the following report on educational matters reudered in 1680 :


"And as for schools, tho' there be no stated school in this town, for that the inhabitants are so scattered in their dwellings that it canuot well be, yet such is the case that, by having two school dames on each side of the river, that teacheth small children to spell and read, which is so managed by the parents and gov- ernors at home, and prosecuted after such sort as that the selectmen who distributed themselves did within three months last past so examine families, children, and youth, both as to good manners, orderly living, chatechizing, and reading, as that they re- turned from all parts a comfortable good account of all these matters, and reuder them growing in several


families beyond expectation, rarely reprovable any- where, encouraging in most places, and in others very commendable, so as that the end is accomplished hitherto. And for teaching to write or cypher, here is Mr. Thomas Walker, and two or three others about this town, that do teach therein, and are ready to teach all others that need, if people will come or send them."


From the report rendered the court for the county of Middlesex, in reference to education in morals, we infer that attention was early turned to that matter. In 1655 persons were "appointed for to take pains for to see into the general families in town, to see whether children and servants are employed in work, and educated in the ways of God and in the grounds of religion, according to the order of the General Court." The same year Jolin How was "appointed by the Pastor and Selectmen to see to the restraining from the profanation of the Lord's day in time of public exercise."


The stocks were employed as a means of punish- ment. In 1651, "John Rutter promised to mend the stocks." They were used as late, at least, as 1722, when it was voted "by ye town to grant five shillings to bye to pad Locks for ye pound and stocks." This old-time appliance was for a period near the meeting-honse, as the records state that in 1681 "Samuel How was to build a new pair of stocks," and was to set them up before the meet- ing-house." In subsequent years, tything-men were appointed, and duly sworn before the selectmen, as the law directed. All these agencies were made use of to maintain a wholesome morality. That they succeeded in accomplishing something, the following from the foregoing report of 1680 indicates : "And the selectmen having also been made acquainted that the court expects their inspection touching persons who live from uuder family government, or after a dissolute or disorderly manner, to the dishonor of God, or corrupting of youth, the selectmen of the town as above having personally searched and en- quired into all families and quarters, in and about this town, do return this auswer, that they find noue such amongst us."




Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.