USA > Massachusetts > Worcester County > Lancaster > The early records of Lancaster, Massachusetts. 1643-1725 > Part 2
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[John Eliot's letter in Edward Winslow's "The Glorious Progress of the Gospel amongst the Indians in New England."]
1648. This year a new way was found out to Connecticut by Nashua which avoided much of the hill way.
[John Winthrop's History of New England, U, 325.]
1649. I had, and still have a great desire to go to a great fishing place Namaske upon Merimak; and because the Indian way lyeth beyond the great River which we cannot passe with our horses, nor can we well go to it on this side the river unless we go by Nashaway which is about and bad way unbeaten, the Indians not using that way : I therefore hired a hardy man of Nashaway to beat out a way and to mark trees so that he may Pilot me thither in the spring, and he hired Indians with him and did it, and in the way passed through a great people called Sowahagen Indians, some of which had heard me at Pautucket and at Nashaway .
There is another aged Sachem at Quabogud three score miles Westward, and he doth greatly desire that I would come thither and teach them and live there, and I made a journey thither this summer, and I went by Nash- away ; but it so fell out that there were some stirres betwixt the Nazagan- sit and Monahegan Indians, some murder committed &c, which made our church doubtful at first of my going, which when the Nashaway Sachem heard, he commanded twenty armed men (after their manner) to be ready, and himself with these twenty men; besides sundry of our neer Indians
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MASSACHUSETTS. 1643-1725.
went along with me to guard me, but I took some English along with me also. So that hereby their good affection is manifested to me and to the work I have in hand.
[ John Eliot's letter in "A further Discovery of the present state of the Indians."]
Namaske is now Amoskeag - The " hardy man of Nashaway" it is quite certain was John Prescott, who also was the discoverer of the new way to the Connecticut pre- viously noted, Quebogud, i. e. Queboag, now Brookfield.
June 19 1650. Whereas John Prescot & others, the inhabitants of Nashaway pfered a petition to this Courte desireinge power to recouer all common charges of all such as had land there, not residinge wth them, for answer whereunto this Court, understandinge that the place before mentioned is not fit to make a plantation, (so a ministry to be erected & mayntayned there,) which if the petitioners, before the end of the next ses- sion of this Court, shall not sufficiently make the sajd place appeare to be capable to answer the ends above mentioned doth order that the pties inhabitinge there shalbe called there hence, & suffred to live without the meanes no longer p. curia.
[Massachusetts Records.]
1650 . . . That whereas at my first preaching at Nashaway sundry did imbrace the word, and called upon God, and Pauwauing was wholly silenced among them all : yet now partly being forty miles of, and principally by the slow progresse of this work, Sathan hath so emboldened the Pauwau- ees that this winter (as I learn to my grief ) there hath been Pauwauing again with some of them.
[John Eliot in "A further Discovery of the present state of the Indians,"]
1651. Declaration of Elizabeth the wife of John Hall of Nashaway against George Whaley of Cambridge. [MMS. torn] Sheweth vnto this hon- ored Court that about foure moneths since George [Whaley] Steuen Day & Samuell Rayner of Cambridge were at Nashaway and [MS. torn] the house of John Prescott there fell out a discourse betweene John Prescott & Steuen Day in weh discourse John Prescott did speake against John & his wife Steuen Day did vindicate the cause of Goodwife Hall in her ab- sence against John Prescott till at length George Whaley bade Steuen Day that he should not goe about to justify the woman for Whaley [MS. torn] that when S' Phillips came from Nashaway he came into the buttery at the College in Cambridge where the said George Whaley demanded of Sr. Phillips how all their friends at Nashaway did, to wch S Phillips answered they were all well. . Mr Whaley further demanded how he liked the place, he answered uery well. It is a desirable place as any was in the country as he conceaved. Mr Whaley further asked how he liked the people, he answered he liked them very well only there were some that held this opinion, that all things were common & said he came one morninge to
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ANNALS OF LANCASTER,
goodwife halls house & as soon as he was come goodwife hall demanded of him whether all things were not common now as in the apostles tyme, & before that Sr. Phillips could give answer she did further say that this is my judgment, that all things are common, mens wiues alsoe, at wych speech Steuen Day was much troubled and grieued & had not one word more to say, & in the morning after, the said Day & Reynor [went] to goodwife halls house & being sad at the report he there expressed his greife in these words. I feare there is an [word illegible] amongst you, I wish he may be found out, to wch goodwyfe hall answered if any of them gave any thinge against me if they will tell mee of it I will give them satis- faction, Steuen Day said he was glad to heare it for out of thy owne mouthe they will judge thee. for thus Mr Whaley [says] that Sr. Phillips hath re- ported of thee as is before expressed goodwife hall denyed that euer she spake any such thinge, nor did she hold any such opinion. herevpon Steuen Day demanded of Samuel Rayner whether Mr Whaley did not speake as he had then related, to weh Samuel Rayner answered yt was soe & he would take his oath of it, This relation of Steuen Day in goodwife halls house & Samuell Rayners [relation] of it was in goodwife halls house Richard Smith present. Goodwife hall much greived at it that such a scandall should be raysed against her, knowinge herself free & cleare, desired to speake with Mr Whaley & on the next day after, in the morn- inge did take Richard Smith and Lawrence Waters with her wch sd Smith & Waters cominge to Mr Whaley desiringe to speake wth him he bade them take heed how they did speake anything for the woman, yet prom- ised to speake wth her after breakfast at wch tyme Steuen Day, Richard Smith & Lawrence Waters & goodwife hall came to Mr Whaley ; goodwife hall demanded of Mr Whaley what he had against her. Whaley answered that S' Phillips in the buttery at the College had spoken as before ex- pressed, only he did then leaue out _ mens wiues. this testified Richard Smith Lawrence Waters & Steuen Day
To Steuen Day & Samuel Reyner of Cambridge. You are hereby re- quired to appeare at the next Court held at Cambridge the 7th day of yo eight moneth next to wittnes for the wife of John Hall of Nashaway in a case in difference betweene her & George Whaley of Cambridge - & here- of you are not to fayle at your prill.
dated the 12th day of the 7th mo 16;1. By the Court HUGH GRIFFYN C.
The testimony of Goodman Prescot & his wife -
After that Mr Phillips came from Goodwife Halls hee told mee and my wife that goodwife Hall did aske him what he thought by ye judgment of those that hold that all things are comnon. Mr Phillips asked her how shee [meant] all things comon whether as it was in y Apostles time, her ans- wer was all things without any exception, and Mr Phillips said it was a
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MASSACHUSETTS. 1643-1725.
damnable opinion ; yca indeed (shee said) I have knowne sad effects come of it, and in further discourse hee said shee said shee kept one in her house which was of that opinion. JOHN PRESCOTT
Attested uppon oath by John Prescot in Court The mark X of MARY PRESCOT
TH . DANFORTH Record"
The Testimony of Richard Smith & Lawrence Waters concerning the speeches of George Whaley against hall.
Cominge to Mr Whaley in the next morninge after the relation of Steuen day at goodwife halls the said Smith & Waters desired to speake with Mr Whaley, he bade them take heed how they did speake any thing for the woman, yet promised to speake with her after breakefast at tych time, Steuen day beinge allsoe present goodwife hall demanded of Mr Whaley what he had against her, to weh Mr Whaley made this answer that S. Phillips in the buttery at the College in Cambridge cominge into the buttery answered to him as followeth . Mr Whaley demanded first how did all freinds at Nashaway. Sr. Phillips answered they are well. Whaley further demanded how he liked the place, he answered very well, it was a desirable place as any was in the country, as he conceived . Mr Whaley further demanded how he liked the people, he answered he liked them well only there was some that held this opinion that all thinges were com- mon, Mr Whaley demanded who they were, he answered John Hall's wife.
The Testimony of Samuel Raner is that he heard Lieft. George Whaley say yt Sr Phillips told him yt Goodwife Hall asked whether all things were comon. Attested uppon oath in Court.
THO DANFORTH Rec.
The Testimony of Stephen Day is that he heard Lieft George Whaley say yt he received by report of S' Phillips that Goodwife Hall had pro- posed a question of this import whether all things wr common. Attested
The foregoing documents in the case of Elizabeth, wife of John Hall, vs. Lieut. George Whaley, for slander, are in the Court files of Middlesex County. Lawrence Waters had sold his first house-lot of about seventeen acres, and the house upon it, to John Hall. Elizabeth Hall was living there, while her husband at this time was in England. He soon sent for her to come to him, and the estate was sold to Richard Smith. The suit against Whaley never came to judgment.
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ANNALS OF LANCASTER,
5th 8th mo 1652. Hermon Garret vs John Hall for takeing away part of their night pasture fence which fencing cost 11 6., 139,, 41_ The Court refuseth to take cognizance of this case bec. the Damage cannot be made appears to be aboue foity shillings and do graunt the Defft costs one pound eight shillings.
[Middlesex Court Records.]
A bill of Charges given in to the Court by the Auturny of Jno Hall of Nashaway defendant in the case of Harmon Garret & John Shawe. Aturney & Witnesses
John Tinker 2 days from Boston 4ª
Richard Smith & Lawrence Waters from Nashaway foure dayes If. o
apeece at 25 6ª p daye I
4
Goodman Lenton 4 daies from Nashaway at 25 6ª per day 0,, 10"
Totall is [1 14'
The Court allow for Costs 2ª pr diem which is one pound 8s & 2 another witness 28 to be taken off, in all one pound 2'
[Middlesex Court Files.]
( The above document affords the only evidence we have of John Shaw's connection with the Nashaway Company. Therein also is the earliest mention of the night pasture. This common field, often referred to in the records, is the subject of a strange error. Under the mistaken idea that it had some connection with a transient proprietor, Philip Knight - who built his house next to Prescott's on the southeast slope of George Hill -it has been called "the Knight pasture," and this in spite of the fact that it is never spelled with a K in any original record. All that area of land bounded by the rivers on the east and south, and northerly by the present highway from the Sprague bridge to the site of the Penecook wading place near the corner southeast of Charles L. Wilder's house -- except Lawrence Waters' seventeen acres at the west end- was, in the in- fancy of the settlement, set apart and fenced as a common pasture, wherein the kine, horses, goats, sheep and swine of the settlers could be assembled and cared for at night. When several years later an appropriate allotment of land was sought for the Reverend Joseph Rowlandson, it was
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MASSACHUSETTS. 1643-1625.
finally laid out to him "in the night pasture, within that fence that was formerly sett up by the copartners." A. night pasture was the public institution preceding nearly all others. in the planting of a New England town. That of Boston was established in 1634 by the following order .: "Item : That there shalbe a little house built, and a suffi- ciently payled yard to lodge the Cattell in of nights att Pullen poynt necke." We find the name in Boston records even as late as 1699, attaching to a field at Rumney Marsh. The "night pasture" of Roxbury has frequent mention in the land records, while Concord, Groton, and other towns of early origin, afford in their annals abundant proof that the custom was universally observed, of driving the common herd afield daily during the season of forage, under the care of children and keepers. Strict rules were formally adopted by the towns for the guidance of proprietors and herdsmen. In Watertown the enclosure was called the "cow pen " or " wolf pen." and this latter name is suggest- ive of a reason other than convenience, for the ancient usage. In 1634, Nathaniel Ward, in "New England's Prospect." says "a few posts and rayles keepes out the Wolves & keepes in the cattle." Wolves were to the pioneer of New England the most troublesome of all wild beasts, being too cunning to be trapped, too cowardly to come within reach of the gun, and fearfully destructive in their midnight forays upon the unhoused stock. It was soon found out, it would seem, that to the wolfish sagacity a fence was an impenetrable mystery.
1652. Reverend Timothy Harrington, in "A Century Sermon," states that the petition of the nine families of the Nashaway settlement for township rights was dated May 18, 1653. We now know that it was the year previous, and although that petition can be nowhere discovered, the action of the General Court upon it in 1652 is duly recorded, with subsequent amendments.
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ANNALS OF LANCASTER,
The Courtes answer to a petition psented from the inhabitants of Nash- away, affo 52 concerning the settleing of the plant. in seuerall pticulers.
I First, it is detirmined that the orderinge & disposinge of the planta- tion of Nashaway is wholey in this Courts power, as appeares by an order of the Generall Court in año 1647.
2ły Consideringe that there is already at Nashaway about 9 familyes, & that seueral, both freemen & others intend to goe & settle there, some whereof are named in theire petition, this Court doth hereby giue & graunt them libertyes of a townshipp, &, at the request of the inhabitants, doe order it to be called PRESCOTT.
3ly That theire lymitts shalbe set out accordinge to a deede of the Indian sagamore, vizt Nashaway Riuer, at the passing ouer to be center,. & flue miles north, fiue miles south, fiue miles east & three miles west: & yt this Court appoynt some commissiono's to se these lynes extended & theire bounds lymitted.
4Ly That Edward Brecke, Nathaniel Hadlocke Wm Carley. Thomas Sawyer, John Prescott & Ralph Houghton, or any fower of them whereof the major part to be freemen, to be for psent the prudentiall men of the sd towne, both to se all allottments lajd out to the planters in due ppor- tion to theire estates & also to order the prudentiall affayres vntill it shall appeare to this Court that the place be so farre settled with able men as the Court may thinke it capable of giueing them full libtie of a townshipp accordinge to law.
5ly. That all such psons who haue possessed & contynued inhabitants at Nashaway shall haue theire lotts formerly lajd out confirmed to them, pvided they take the oath of fidelity.
6ly. That Sudbury should make cartwayes within theire bounds to pass to & from sd plantation.
zły. That the sd inhabitants be rated for publicke charge within the county of Midlesex & to that end the towne may choose a constable.
S'y. That they take care that a godly ministery may be mayntayned amongst them, & yt no euill psons, enemies to this Commonwealth in judg- ment or practise, be admitted as inhabitants amongst them, & none to haue lotts confirmed but such as take the oath of fidelity.
gly. It is hereby declared, that although the first undertakers & copart- ners in the plantation of Nashaway are wholey evacuated of theire clayme in lotts there, by order of this Court, yet that such psons of them who haue expended either charge or labour for the benefitt of the place, & haue helped on the worke there from time to time, either in contributinge to ye ministery, or in the purchase from the Indians or in any other pub- licke worke that such psons are to be considered by the towne, either in
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MASSACHUSETTS. 1643-1725.
pportion of land or some other way of satisfaction, as may be just & meete, pvided such psons doe make such theire expences clearly appeare in six moneths.
Here the action of the Court naturally closed, and the usual sequence of the concurrence of magistrates and ex- ecutive would be expected. But no ! Some one, whether magistrate or one higher in authority is beyond our finding, seems to have bethought himself that not even a Governor of the Colony had been so much honored as to have a town named for him, and objected to thus dignifying the busy blacksmith of Nashaway, who was not only no freeman, but had once seemed to sympathize with Dr. Child's criti- cisms of the colonial system of taxation without representa- tion. Amendment was carried as follows, ignoring the inhabitants' request :
This Court, takeing the condition of Nashaway into further considera- tion doe order, that it shalbe called henceforth WEST TOWNE, & doe further confirme there graunt of 8 miles square which was formerly graunted them, which will encourage many to plant there.
This meaningless substitute for a name was doubtless not kindly received by those who had expected one eupho- nious, significant, and of their own choosing. Another petition met the next general court, of which we know only the answer, dated May 18, 1653.
In answer to another petition from the inhabitants of Nashaway for settling of theire graunt, this Court doth order the plantation at Nasha- way to center, as in the Court order of May 52 (which is the foregoing order,) and to be layd out in pportion to eyght miles sqare, & that the seueral pticulers being in number nyne, be confirmed to them, save in the close of the ad article about the name of the towne, that the name of it be henceforth called LANCASTER, & in the sixth article that Sudbury & Lancaster lay out high wayes according to ye Court order, for the Countryes vse & them repayre as need shalbe, & that instead of six moneths ex- pressed in the close of the 9th article, such psons to haue twelue moneths from the end of this session for such demaundes : and that the intrest of Harmon Garrett & such others as were first vndertakers or haue ben at great charges there, shalbe made good to him. them or his or theire heirs
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ANNALS OF LANCASTER,
in all theire allottments as to other theire inhabitants in pportion to charges expended by him and such others aforesd, pvided they make improue- ments of such allottments, by buildinge & plantinge, within three yeares after they are or shalbe layd out to them, otherwise theire intrests hereby pvided for to be voyd, & all such lands so hereby reserued to be at the towns dispose.
1653. At a county court held at Cambridge the 5. 2 mo 1653. This Court doth order that the Inhabitants of Nashaway Plantation at or before the 20th of this p'nt month do send downe one able man to be sworne be- fore some magistrate, for the constable of there plantacon.
[Middlesex Court Records.]
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EARLY RECORDS
OF
LANCASTER, MASSACHUSETTS.
'THE so called act of incorporation of Lancaster, dated 1 May 18, 1653, as copied by Master John Tinker, forms the first page of the town's records. The leaf is badly torn, and many words have crumbled away. It has slight verbal differences from the original in the records of the general court, and from an official copy by Secretary Ed- ward Rawson, in Massachusetts Archives, CXII, 54-55.
COPPIE OF THE COURT'S GRANT.
At a Gent !! Court of Election held at Boston the 18th of May 1653.
I. In answer to the Peticon of the Inhabitants of Nashaway the Court finds according to a former order of the Gentll Court in Anno 1647 no 6: 95: That the ordering and disposeing of the Plantation at Nashaway is wholly in the Courts power
2. Considering that there is allredy at Nashaway about nine ffamilies and that severall both freemen and others intend to goe and setle there some whereof are named in this Petition the Court doth Grant them the libertie of a Towneshipp and orders that hensforth it shall be called Lan- caster
3 That the Bounds thereof shall be sett out according to a deede of the Indian Sagamore, viz. Nashaway Riuer at the passing ouer to be the Center, fiue miles North fiue miles south five miles east and three miles west by such Comissioners as the Courte shall appoint to see theis Lines extended and their bounds limitted
4. That Edward Breck, Nathaniell Hadiocke, William Kerley, Thomas Sayer, John Prescot and Ralph Houghton, or any foure of them, whereof the maior Parte to be freemen to be for present the prudentiall men of the said Towne both to see all allottments to be laid out to the Planters in
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ANNALS OF LANCASTER,
due proportion to theire estates and allso to order other Prudentiall afaires vntill it shall Appeare to this Court that the Place be so farr seated with able men as the Court may Judg meet, to give them full liberties of a Townshipr according to Lawe. 2
5. That all such Persons whoe haue possessed and Continued Inhabi- tants of Nashaway shall haue their Lotts formerly Laid out confirmed to them provided they take the oath of fidellitie
6. That Sudbery and Lancaster Lay out highwaies betwixt Towne and Towne according to order of Court for the Countries vse and then repaire them as neede shalbe
7. The Court Orders That Lancaster shall be rated wthin the County of Midlesex and the Towne hath Liberty to choose a Constable.
8. That the Inhabitants of Lancaster doe take care that a godly min- ester may be maintained amongst them and that no evill persons Enemies to the Lawes of this Comonwealth in Judgment or Practize be Admitted as Inhabitants amongst them and none to have Lotts Confirmed but such as take the oathe of fidellitie
9. That allthough the first Undertakers and partners in the Plantacon of Nashaway are wholy Evacuated of theire Claimes in Lotts there by order of this Courte yet that such persons of them whoe haue Expended either Charge or Labor for the Benefitt of the place and haue helpped on the Pub- like workes there from time to time either in Contributing to the minestrie or in the Purchase from the Indians or any other Publike worke, that such persons are to be Considered by the Towne either in proportion of Land or some other way of satisfaction as may be Just and meete. Provided such Persons do make such theire expences Cleerly Appeare within Twelue monethes after the end of this Sessions for such demandes and that the Interest of Harmon Garrett and such others as were first vndertakers or haue bin at Great Charges there shalbe made good to him them his or theire heires in all Allottments as to other the Inhabitants in proportion to the Charges expended by him and such others aforesaid. Provided they make Improuemt of such Allotmts by building and Planting wthin three yeares after they are or shalbe Laid out to them, otherwise theire Interest hereby Provided for to bee voyde, And all such Lands soe hereby Reserved to be thencforth at the Townes Dispose : In further Answer to this Peticon the Court Judgeth it meete to Confirm the aboue mentioned Nine perticulers to the Inhabitants of Lancaster, and order that the bounds thereof be Laid out in proportion to eight miles square.
Following this, by the same hand, were nineteen nuin- bered pages, of which only the last twelve are now extant. It will be noticed that in dates the name of the month is
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MASSACHUSETTS. 1643-1725.
sometimes found. After Governor John Winthrop's time this new method began to be observed by some, but usually the heathen names of months and days were carefully avoided, and the ordinals used, March being the first month.
OF THE COVENT; CHURCH LAND; MEETING HOUSE, LOTTS IO: &C:
1653 18: 8 mº. The bond to binde all comers. Memorandum, That wee whose Names are subscribed, vppon the Receiueing and accept- anc of our severall Lands, and Allottments wth all Appurtinances thereof, from those men who are Chosen by the Generall Court to Lay out and dispose of the Lands within the Towne of Lanchaster heertofore Called by the name of Nashaway doe hereby Covenant & binde ourselues our heires Executts & Assignes to the observing and keepeing of these orders and Agreements hereafter mentioned and Ex- pressed.
Church Lands. ffirst ffor the maintainanc of the minestree of Gods holy word wee doe Allowe Covenant and Agree that there be laid out Stated and established, and we doe hereby estate and establish as Church Land with all the priuilledges and Appurtinances therevnto belonging for ever, thirty acors of vppland and fortie acors of Entervale Land and twelue acors of meddowe with free Libertie of Commons for Pasture and fire wood, The said Lands to be improved by the Plantation or otherwise in such order as shalbe best Advised and Concluded by the Plantation without Rent paying for the same, vntill the Labours of the Planters or those that doe improue the same, be ffully sattisfied. And wee doe agree that the Plantation or Sellect men shall determine the time, how Longe every man shall hold and Improue the said Lands for the proffit thereof. And then to be Rented according to the yearly vallue thereof and paid in to such persons as the Plantation or Sellectmen shall Appoynt to and for the vse of and towards the maintainanc of the minester Pastor or Teacher for the time being, or whomesoever may bee stated to preach the word of God among vs : or it may be in the Choyce of the minester to Improue the said Lands himselfe.
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