USA > Massachusetts > Middlesex County > Maynard > The annals of Sudbury, Wayland and Maynard, Middlesex County, Massachusetts > Part 3
USA > Massachusetts > Middlesex County > Sudbury > The annals of Sudbury, Wayland and Maynard, Middlesex County, Massachusetts > Part 3
USA > Massachusetts > Middlesex County > Wayland > The annals of Sudbury, Wayland and Maynard, Middlesex County, Massachusetts > Part 3
USA > Massachusetts > Middlesex County > Sudbury > The annals of Sudbury, Wayland, and Maynard, Middlesex County, Massachusetts > Part 3
USA > Massachusetts > Middlesex County > Wayland > The annals of Sudbury, Wayland, and Maynard, Middlesex County, Massachusetts > Part 3
USA > Massachusetts > Middlesex County > Maynard > The annals of Sudbury, Wayland, and Maynard, Middlesex County, Massachusetts > Part 3
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The name ordered by the Court is that of an old English towu in the county of Suffolk, near the parish of Bury St. Edmunds, at or near which place it is supposed the Browns may have dwelt. It is not im- probable that the name was given by Rev. Edmund Brown, the first minister of Sudbury, who sold lands in the district o" Lanham to Thomas Read, his nephew, and who, it is supposed, may have also named that locality from Lavenham, Eng., a place between Sudbury and Bury St. Edmunds. The place, though spelled Lavenham, is pronounced Lannam in England ( Waters). The proximity of Sudbury and Lavenham, Eng., to what was probably the original home of Mr. Browne, together with the fact that he was an early owner of the lands at Lanham, and a prominent man at the settlement, affords at least a strong presumption that Mr. Edmuud Browne named both Sudbury and Lanham.
The settlement of the town began on the east side of the river. The first road or street, beginning at Watertown (now Weston), extended along a course of about two miles; and by this the house-lots of the settlers were laid out and their humble dwellings I stood.
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TOWN-MEETINGS .- Until as late as the nineteenth century the town-meetings were held in the meeting- house. After the meeting-house was built sometimes they were held in a private house or at the "ordi- nary." As for example, Jan. 10, 1685, and again Feb. 18, 1686, there was an adjournment of town- meeting to the house of Mr. Walker, "by reason of the extremity of the cold." In 1764 the town ad- journed one of its meetings to the house of " William Rice, innholder." In 1782, " adjourned town-meet- ing to the house of Mr. Aaron Johnson, innholder in sd town." After the division of the town into the East and West Precincts, the town-meetings alternated from the east to the west side.
In 1682-83 the time of meeting was changed from February to October, the day of the week to be Mon- day.
The reason of this change may be found in the fact that it was difficult at some seasons to make a journey to the east side meeting-house; the passage of the causeway was occasionally rough, and town action might be thereby delayed or obstructed. The meeting was for a period warned by the Board of Selectmen. At the date of the change just mentioned, it "was voted and ordered, that henceforth the select- men every year for the time being shall appoint and seasonably warn the town-meeting; " but afterwards this became the work of the constables. In the warning of town-meetings at one period, the " Old Lancaster Road" was made use of as a partial line of division. A part of the constables were to warn the people on the north side of the road, and a part these on the south side.
The town-meeting was opened by prayer. There is a record of this about 1654, and presumably it was practiced from the very first. At an early date voting was sometimes done by " dividing the house," each party withdrawing to different sides of the room. An example of this is as follows : In 1654, at a public town-meeting, after " the pastor by the de- sire of the town had sought the Lord for his blessing in the actings of the day, this following vote was made, You that judge the acc of the selectmen in sizing the Commons to be a righteous act, discover it by drawing yourselves together in the one end of the meeting-house." After that was done, "It was then dle-ired that those who are of a contrary mind would discover it by drawing themselves together in the other end of the meeting-house."
In these meetings, marked respect was usually had for order and law. We find records of protest or dissent when things were done in an irregular way, as for instance, in 1676, we have the following record : " We do hereby enter our Decent against the illegal proceedings of the inhabitants of the town .
for the said proceedings have Ben Directly Contrary to law. First, That the Town Clerk did not Solemnly read the Laws against Intemperance and Immorality as the Laws Require." Mention is also made of
other irregularities, and to the paper is attached a list of names of prominent persons.
The town officers were mostly similar to those elected at the present time. At a meeting of the town in 1682-83, it was ordered that the town-meeting "shall be for the electing of Selectmen, Commis ion- ers and Town Clerk." Names of officers not men- tioned here were "Constables, Invoice Takers, High- way Surveyors and Town Marshal." About 1643, the persons chosen to conduct the affairs of the town were first called seleetmen. The unmber of these officers varied at different times. In 1646 there were seventeen selectmen.
The service expected of the selectmen, beside being custodians at large of the public good, and acting as the town's prudential committee, were, before the appointment of tithingmen (which oc- curred first in Sudbury, Jan. 18, 1679), expected to look after the morals of the community. This is in- dicated by the following order : At a meeting of the inhabitants, Jan. 18, 1679, " It is ordered, that the selectmen shall visit the families of the town, and speedily inspect the same, but especially to examine children and servants abouttheir improvement in reading and the catechism. Captain Goodnow and Lieutenant Haines to inspect all families at Lanbam and Nobscot and all others about there and in their way, . and these are to return an account of that matter at the next meeting of the selectmen, appointed to be on the 30th of this instant January." We infer from certain records that the selectmen's orders were to be audibly and deliberately read, that the people might take notice and observe them.
The officials known as "highway surveyors" had charge of repairs on town roads. This term was early applied, and has continued in use until now. As early in the records as 1639, Peter Noyes and John Parmenter are mentioned as surveyors.
The business of town clerk, or "clark," which office was first held in Sudbury by Hugh Griffin, is shown by the following extraets from the town-book : " He is to take charge of the records and discharge the duties of a faithful scribe." "To attend town-meeting, to write town orders for one year, . . . for which he was to have ten shillings for his labor." In 1643 he was " to take record of all births and marriages and [deaths], and return them to the recorder." " It is a'so agreed that the rate of eight pound 9 shillings [be] levied upon mens estate for the payment of the town debt due at the present, and to buy a constable's staff, to mend the stocks, and to buy a marking iron for the town, and it shall be forthwith gathered by Hugh Griffin, who is appointed by the town to receive rates, and to pay the town's debt." (Town-Book, p. 75.) Feb. 19, 1650, Hugh Griffin " was released from the service of the town." The work that he had to per- forni was " to attend town-meetings, to write town or- ders, to compare town rates, to gather them in, and pay them according to the town's appointment, and to
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sweep the meeting-house, for which he is to have fifty shillings for his wages."
Other officers were "commissioners of rates," or "invoice-takers." These corresponded perhaps to " assessors," which term we find used in the town- book as early as the beginning of the eighteenth cen- tury. The office of marshal was the same as that of constable. There is the statement on page 34 " that there shall be a rate gathered of ten pounds for the finishing of the meeting-house, to be raised upon meadows and improved land, and all manner of cattle above a quarter old to be prized as they were formerly prized, the invoice to be taken by the marshall."
At an early period persons were appointed for the special purpose of hearing " small causes." In 1655, " Lieutenant Goodnow, Thomas Noyes and Sergeant Groute were chosen commissioners to hear, issue and end small causes in Sudbury, according to law, not exceeding forty shillings." In 1648 Peter Noyes was " to see people ioyne in marriage in Sudbury." (Colo- nial Records, p. 97.)
In the early times towns could send deputies to the General Court according to the number of their in- habitants. Those that had ten freemen and under twenty, could send one ; those having between twenty and forty, not over two. (Palfrey's History.)
We infer that if a person was elected to any town office he was expected to serve. It is stated in the records of 1730, that David Rice was chosen con- stable, and " being called up [by] the moderator for to declare his exception, or non-exception, upon which David Rice refused for to serve as constable, and paid down five pounds money to sd town, and so was dis- charged."
Having considered the nature of the town-meeting, the place where works of a public nature were dis- cussed and decided upon, we will now notice some of the works themselves. First, Highways, the Cause- way and Bridge.
HIGHWAYS .- In providing means for easy and rapid transit, it was important for the town to make haste. Indian trails and the paths of wild animals would not long suffice for their practical needs. Hay was to be drawn from the meadows, and for this a road was to be made. Another was to be made to Concord, and paths were to be opened to the outlying lands. The first highway work was done on the prin- cipal street, which was doubtless at first but a mere wood-path or trail. An early rule for this labor, as it is recorded on the Town Records, Feb. 20, 1639, is as follows : " Ordered by the commissioners of the town, that every inhabitant shall come forth to the mend- ing of the highway upon a summons by the survey- ors," In case of failure, five shillings were to be for- feited for every default. The amount of labor re- quired was as follows :
" 1st. The poorest man shall work one day.
"2nd. For every six acres of meadow land a man hath he shall work one day ..
"3d. Every man who shall neglect to make all fences appertaining to his fields by the 24th of April shall forfeit five shillings (Nov. 19th, 1639)."
Highways and cart-paths were laid out on both sides of the meadows at an early date. The town records make mention of a highway " from below the upland of the meadow from the house-lot of Walter Haynes to the meadow of John Goodnow, which shall be four rods wide where it is not previon-ly bounded already, and from the meadow of John Goodnow to the end of the town bound." Also of a highway on the west side of the river, "between the upland and the meadow six rods wide from one end of the meadow to the other." These roads, we con- jecture, have not entirely disappeared. On either side the meadow margin, a hay-road, or "right of way," still exists. It is probable that the town way called " Water Row " may have been a part of those early roads.
BRIDGES .- In the work of bridge-building Sudbury has had fully its share from the first. Its original territory being divided by a wide, circuitous stream, which was subject to spring and fall floods, it was a Inatter of no small importance to the settlers to have a safe crossing. Ford-ways, on a river like this, were uncertain means of transit. Without a bridge the east and west side inhabitants might be separated sometimes for weeks, and travellers to the frontier be- yond would be much hindered on their way. All this the people well knew, and they were early astir to the work. Two bridges are mentioned in the town- book as early as 1641. . The record of one is as fol- lows: "It was ordered from the beginning of the plantation, that there should be two rod- wide left in the meadow from the bridge at Munning's Point to the hard upland at the head of Edmund Rice's meadow." The other record is of the same date, and states that there was to be a road " between the river meadow and the house-lot from the bridge at Jol:11 Blandford's to Bridle Point." The bridge referred to in the former of these records may have been the " Old Indian Bridge," which is repeatedly mentioned in the town-book. From statements on the records we conclude it crossed the lower part of Lanham Brook-sometimes also called West Brook-at a point between Sand Hill and Heard's Pond. This bridge was probably found there by the settlers, and may have been nothing more than a fallen tree where but one per- son could pass at a time. It doubtless was of little usc to the settlers, and may only have served them as a landmark or to designate a fording-place where at low water a person could go on foot. The bridge re- ferred to in the latter record was probably the first one built by the English in Sudbury. It was doubt- less situated at the locality since occupied by snc- cessive bridges, each of which was known as the " Old Town Bridge." The present one is called the Rus- sell Bridge, after the name of the builder. The loca- tion is in Wayland, at the east end of the old cansc-
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way, near the house of Mr. William Baldwin. The first bridge at this place was probably a simple con- trivance for foot-passengers only, and one which would cause little loss if swept away by a flood. The reason why this spot was selected as a crossing may be indicated by the lay of the land and the course of the river ; at this point the stream winds so near the bank of the hard upland, that a causeway on the eastern side is unnecessary. These natural features doubtless led to the construction of the bridge at that particular spot, and the location of the bridge determined the course of the road. About the time of the erection of the first bridge a ferry is spoken of. In 1642 Thomas Noyes was "appointed to keep a ferry for one year, for which he was to have two pence for every single pass nger, and if there be more to take two apiece." This ferry may have been used only at times. when high water rendered the bridge or meadow impassable. As in the price fixed for transportation only " passengers " are mentioned, we infer that both the bridge and ferry were for foot-passengers alone. But a mere foot-path could not long suffice for the settlement. The west side was too important to re- main isolated for want of a cart-bridge. About this time it was ordered by the town, "That Mr. Noyes, Mr. Pendleton, Walter Haynes, John Parmenter, Jr., and Thomas King shall have power to view the river at Thomas King's, and to agree with workmen to build a eart-bridge over the river according as they shall see just occasion." The following contract was soou made with Ambrose Leach :
" BRIDGE CONTRACT 1643.
" It is agreed betweene the inhabitants of the towne of sudbury aud Ambrose Leech, That the towne will give unto the said Ambrose 6 acres in Mr Pendleton's 2ud Addition of meadow web shall run on the north side of his meadow lyinge on the west side of the river, & shall run from the river to the upland. Allsoe fonre acres of meadowe more weh shall be wth convenient as may be. Allsoe twenty acres of upland lyinge on the west side of the river on the north side of the lande of Walter llaynes if he approve of it else so much npland where it may be conve- nient. For and in consideration whereof the said Ambrose doth pro- pose to build a sufficient enrt bridge over the river thre e feet above high water mark, twelve foot wyde from the one side of the river to the other, provided that the towne doe fell and eross cutt the timber and saw all the plauk and carry it all to place, and when it is ready framed the tow ne doth promise to help him raise it, so that he and one man be at the charge of the sayd Ambrose, and he dothe promise to accomplish the work by the last day of Ang. next. - Allsve the towne doth admitt of him as a townsman wth right to comonage and upland as more shall be laid ont and allsoe ten acres of meadowe to be layed out which other meadowe is in first addition of meadowe.
"AMBROSE LEECH, ". BRIAN PENDLETON, " WALTER HAYNES."
The next contraet for building a bridge was with Timothy Hawkins, of Watertown, and is as follows :
" The 20th day of November, 16 **.
"Agreed between the Inhabitants of Sudbury on the one part, and Timothy Hawkins, of Watertown, on the other part that the said l'im- othy shall build a sufficient cart bridge over the river, beginning at the west side of the river, running across the river, five rods long and twelve feet wide, one foot above high water mark, the arches to be . . . foot wide, all but the middle ar li, which is to be 14 feet wide, the silts - inches square 26 feet long, the posts 16 inches square the cups - - and 16, the braces 8 inches square, the bridge must have a rail on each side,
and the rails must be braced at every post, the plank must be two inches thick sawn, there must be 5 binces for the plank, - the bridge the bearers 12 inches square, the bridge is by him to be ready to raise by the last day of Muy next. For which work the Inhabitants do consent to puy unto the said Timothy for his work so done, the sum of 13 pounds to be paid in corn and cattle, the corn at the general price of the country, and the cattle nt the price ns two men shall judge them worth.
" The said Timothy is to fell all the timber and saw it, and then the town is to carry it to the place."
CAUSEWAY .- Westerly beyond the bridge was built a raised road or causeway, which was sometimes called the "Casey " or "Carscy." This is a memorable piece of highway. Repeatedly has it been raised 10 place it above the floods. At one time the work was apportioned by lot, and at another the Legislature allowed the town to issue tickets for a grand lottery, the avails of which were to be expended upon this causeway.
Stakes were formerly set as safeguards to the trav- eller, that he might not stray from the way.
CHURCH .- The town being laid out, and the nec- essary means for seeuring a livelihood provided, the people turued their attention to ecclesiastical matters. The church was of paramount importance to the early New England inhabitants. For its privileges they had in part embarked for these far-off shores. To preserve its purity they became pilgrims on earth, exiles from friends and their native land. Borne hither with such noble desires, we have evidence that when they arrived they' acted in accordance with them. In 1640 a church was organized, which was Congregational in government and Calvinistic in creed or faith. A copy of its covenant is still preserved. The church called to its pastorate Rev. Edmund Brown, and elected Mr. William Brown deacon. It is supposed that the installation of Rev. Edmund Brow u was at the time of the formation of the church. The town in selecting Mr. Brown for its minister seeured the services of an energetic and devoted man. Ed- ward Johnson says of him, in his " Wonder-Working Providence :" "The church in Sudbury called to the office of a pastor the reverend, godly and able minister of the word, Mr. Edmund Brown, whose labors in the doctrine of Christ Jesus hath hitherto abounded wading through this wilderness work with much cheerfulness of spirit."
The home of Mr. Brown was in the territory of Wayland, by the south bank of Mill Brook, on what was called " Timber Neck." Mr. Brown's salary the first year was to be £40, one-half to be paid in money, the other half in some or all of these commodities : " Wheate, pees, butter, cheese, porke, beefe, hemp and flax, at every quarters end." In the maintenance of the pastor aud church the town acted as in secular matters. The church was for the town ; its records were for a time town records. Civil and ecclesiastical matters were connected. If there was no state church, there was a town church, a minister and meeting- house, that was reached by and reached the masses. " Rates " were gathered no more surely for the " king's tax" thau to maintain the ministry. To show the
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manner of raising the money for the minister's salary shortly after his settlement, we insert the following: " The first day of the second month, 1643. It is agreed upon by the town that the Pastor shall [have] for this year, beginning the first day of the first month, thirty pound, to be gathered by rate and to be paid unto him at two several payments, the first payment to be made one month after midsummer, the other payment to be made one month after Michaelmas, for the gath- ering of which the town hath desired Mr. Pendleton and Walter Hayne to undertake it, and also the town hath discharged the pastor from all rates, for this year, and the rate to be levied according to the rate which was for the - meeting-house, the invoice being taken by Jolin Freeman." Of the prosperity of this little church, Johnson says, in his " Wonder-Work- ing Providence: " "This church hath hitherto been blessed with blessings of the right hand, even godly peace and unity ; they are not above fifty or sixty families and about eighty souls in church fellowship, their Neat head about 300."
A meeting-house was built in 1642-43 by John Rut- ter. It was situated in what is now the old burying- ground in Wayland.
LAND DIVISIONS .- The settlers had little more than got fairly located at the plantation, when they began dividing their territory, and apportioning it in parcels to the inhabitants. Before these divisions were made there were no private estates, except such house-lots and few acres as were assigned at the out- set for the settler's encouragement or help, or such land tracts as were obtained by special grant from the Colonial Court. But divisions soon came. Piece after piece was apportioned, and passed into private possession. Soon but little of the public domain was left, save small patches at the junction of roads, or some reservation for a school-house, meeting-house or pouud, or plot for the village green.
From common land, which the undivided territory was called, has come the word " common " as applied to a town common, park or public square. And from the division of land by lot, the term " lot" has come into use, as " meadow-lot," " wood-lot," and " house- lot." The early land divisions were made, on per- mission of the Colonial Court, by such commissioners as the town or court might appoint.
Three divisions of meadow-land had been made by 1640. A record of these has been preserved, and the following are the preambles of two of them :
" A record of the names of the Inhabitants of Sudbury, with their several quantity of meadow to every one granted according to their es- tates or granted by gratulation for services granted by them, which meadow is ratable upon all common charges."
" It is ordered that all the inhabitants of this town shall have 2/3 of their total meadows laid out this present year, viz. : the first divided ac- cording to discretion, and the second by lot."
Not only the meadows but the uplands were par- celed out and apportioned, some for public use, some to the early grantees and some to individuals in re- turn for value or service.
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In 1642 an addition of upland was made " in acres according to the 1st and 2ond divisions of meadows granted unto them by the rule of their estate; and Peter Noyes, Bryan Peudletou, George Munnings, Edmund Rice aud Edmund Goodenow were to have power to lay out the 3d divisiou at their discretion."
While the early land divisious 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, and was on the east side of the river.
The cow common on the west side was reserved in 1647, and is thus described in the Town Book :
"It is ordered by the town that there shall be a cow common laid out on the west side of the river to remain in perpetuity, with all the up- land within these bounds, that is to say, all the upland that lies within the bound that goes from Bridle point through Hopp meadow, and so to the west line, in the meadow of Walter Hayne, and all the upland with- in the gulf and the pantre brook to the upper end of the meadow of Rob- ert Darnill, and from thence to the west line, as it shall be bouuded by some men appointed by the town, except it be such lands as are due to men already, and shall be laid out according to the time appointed by the town. Walter Hayne and John Gronte are appointed to bound the common, from Goodman Darnill's meadow to the west line."
The territory which was comprised in this common may be outlined, very nearly, by the Massachusetts Central Railroad on the south, the Old Colony Rail- road on the west, Pantry Brook on the north, and the river on the east. It will be noticed that these two commons included most of the hilly portions of the town, on both sides of the river ; and it was doubtless the design of the settlers to reserve for common pas- turage these lands, because less adapted to easy cul- tivation. But in process of time they ceased to be held in reserve. More or less controversy subse- quently arose about what was known as "siziug the commons," and by the early part of the next century they were all divided up and apportioned to the in- habitants; and now over the broad acres of these ancient public domains are scattered pleasant, home- steads and fertile farms, and a large portion of three considerable villages, namely, Sudbury, South Sud- bury and Wayland Centre.
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