USA > Massachusetts > Worcester County > Lancaster > The early records of Lancaster, Massachusetts. 1643-1725 > Part 6
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
JOHN TINKER.
60
ANNALS OF LANCASTER,
ANSWERS TO THE FORMENCIONED QUERIES
In answer to the within named queries, the Comitie doe make returne as ffolloweth
To your first. That it is in the power of the selectmen to impose any meet fine for the breach of any their prudenciall orders not exceeding twentie shillings for one offence.
To your 2d That If the towne please to nominat, three meete psons to bee your Comisioners for ending finall Causes and present them to the Countie Court they may their bee alowed for ending any Case vnder fowertie shillings.
To your 3d. That it shall bee in the power of the sellect men and not in the hands of the Inhabitance who may make their adresse to the Com- itie in Case of any greeivance
To ye 4th. That it is not in the power of the Comitie to determine but in Case it bee done they shall further the acceptance theirof to their power.
giuen vnder our hands att Boston 22th gber 1658
SIMON WILLARD EDWARD JOHNSON THOMAS DANFORTH
A RECORD OF THE HIGHWAIES TO BE FAIRLY DRAWNE IN THE RECORDS AS FOLLOWETH.
Cuntrie way. One way for the Cuntrie Lyeth : from the entranc in to the towne on the cast pte from Wataquadocke hill, downe to the Swann Swampe, and ouer the wading place through Penicooke riuer : that is by the indian warre [weir] and soe along by master Rowlandsons ground and the river and againe vp to goodman Waters his barne betweene old goodman Breckes lott and that which was Richard Smithes now in the posession of John Tinker. To bee as it is staked out, att the Least fiue Rods wide, on the neck, and to be as wide as can be on the east side the riuer vnder tenn Rods and aboue fiue, and soe from goodman Waterses ouer the north riuer, vp by master Rowlandsons the breadth as is Laid out and fenced and marked and staked vp to goodman Prescotts Ry feild and soe betweene that and John mores lott and Crosse the brook and vpp be- tweene John Johnsons and John Ropers Lotts fiue Rods wide; And soe beyond all the Lotts into the woods.
This is the highway laid out by the Concord and Lan- . caster Committee, previously commented upon. This description, however, starts from the eastern end and ex- tends the road half a mile further, the last section being the same way used at present. from the Atherton Bridge
-
..
61
MASSACHUSETTS. 1643-1725.
road west, at right angles with South Lancaster street, over Roper's Brook and up the hill at the school-house.
Way to quasaponikin medow. one way : from goodman Waterses barne to quasaponigin medowes before the houses of goodman gates and both goodman Josllins &c: as it is Laid out and marked : five rods wide and in the enteruaile 2 rods wide.
This is essentially the present street from Sprague Bridge to the North Village cemetery, and the meadows beyond.
To quasaponikin hill. one way : from goodman Breckes house through the end of his ground, and Ralph Houghtons James Athertons goodman Whites and goodman Leweises &c, to quasaponikin hill fiue Rods wide.
The same highway is used now, along the east side of the Neck.
To the mill. one way to the mill att the heads of the Lotts of John Prescott Thomas Sawyer Jacob ffarer &c fine Rods wide from the Cuntrie highway to the mill.
This is, with slight changes at some points, the street from the county road first noted, to the Prescott mill site in Clinton, which was on the brook just below the factory near the foot of Water street.
Street in ye south end of ye towne. one way Called the Street or Cross way : from goodman Kerleyes entervaile and the rest of the entervaile Lotts : And soe south beetweene the double rang of Lotts : fiue Rods wide and soetowards washacome when it is past Jacob ffarers Lott: And alsoe Itt runes thesame widnes betweene the house Lotts and entervaile lotts northward to the wallnut swampe :
This is now known as the Back Road, extending from Walnut Swamp along the eastern base of the George Hill range, past the school-house, and so south on a direct course for Washacum Ponds.
from the Cuntrie highway to ye entervaile of Fo : Prescott soe to Wata- quadoke. one way from the mill way att the end of goodman Prescotts Ry feeild, to the Entrance of his entervaile fiue Rods wide, And through the entervailes ouer Nashaway Riuer and the Still riuers. to the outsid fenc. of Jacob ffarers Lott, two Rods and half wide.
62
ANNALS OF LANCASTER,
This is the road from South Lancaster street over the Atherton Bridge. A portion of it, east of the river, was discontinued many years ago.
Way to the plumtrees & groten. One way : from that entervaile way downe along all the entervailes to the Still riuer and towards grotten on the cast side of the riner two rods wide.
The Plumtrees Meadows were in Harvard. This road had to be discontinued because of frequent damage by freshets, and the present highway to Harvard, on higher ground, took its place.
1658. Several facts respecting the family of the first minister of Lancaster are found in the autograph report of administration, and accompanying agreement below trans- cribed from the Middlesex Court files. It is noteworthy that Master Joseph Rowlandson's mother and brother could not write their names.
Sept ye 10 58 Wheras Mr Joseph Rolenson had letters of Adminis- tracon granted him by the Court held att Cambridge Aprill 57 in refference to the estate of Thomas Rolenson Senr. late of Lankester deceased. This is to testifie the said honord Court, that the said Administrator together with the relict of ye sd Rolenson & the rest of his Childeren haue mett to- gether & haue agreed concerning the distribucon of the said estate vnto eache of or full satisfaccon & content and this wee doe testifie vnder or hands & desier it may be recorded for ye securitie of ye said Administrator.
the marke of (Er) BRIDGETT ROLENSON widdow Signed in ye prsence of vs THO. BRADBURY JOHN FLYN
the marke [R] of THO. ROLENSON RICHARD WELLS JOHN EATON JOSEPH ROWLANDSON
In all these particulars at or meeting at Salisbury the roth Sept 58 wee were fully satisfied as followeth.
Imp. That ten pounds were due to the Administrator from the estate vpon a cleare accompt.
It. That more than one yoake of oxen should not be mentioned in the Inventory forasmuch as the other yoake was given to the three Children of the Deceased in his life time though vnknowne to the Administrator when the said inventory was made.
It, That out of what remained after these deductions the widdow of
63
MASSACHUSETTS. 1643 -1725.
the Deceased should receive her thirds. the eldest son (consideration had of what estate he had from the now Deceased in his life time) should re- ceive from the Administrator sixteen pounds - twenty pounds to the two daughters wherein they receive equal shares, And that which remains is the Administrators portion.
This was the result of our agitation, and accordingly I haue acted in the Distributions that have beene, and am ready to fullfill what remains at any time - who Desire to remaine The servant of my mother and Brethren in what I may.
JOSEPH ROWLANDSON
1658. John Whettcombe for and in consideration of three swine killed and spoiled by his three sonnes, doth hereby promise to pay vnto Steven Gates the sume of forty fiue shill. in wheate wthin a week after michael tyde next 1658 to be paid at his house in Sudbury the sd Steven allowinge for the carriage of the wheate tenn shill 61.
Dat apr 2, 1658 JOHN WHETCOM 28,, 10, 58 Jno. Whetcombe owned this bill in Court to be his act. THO : DANF : Records
To the honored County Court at Charlestown. The humble Petison of Jno. Whetcome humbly sheweth. That whereas yor Petitioner hath set his hand to a note to pay fortie and fiue shillings to Stephen Gates of Sudbury. It was through my age and weakness that I did not consider of it that I had no right to pay anything to him, before he did duly make it apeare that I had damnified him, he did complaine before the deputie Gour his worpp, that I or my Sonnes had killed and spoyled three of his swine in the woods, And made as if we stole then & with many threats which did somewhat amaze yo" petitioner so that I could not declare my case which is such as I have now gotten to be drawne vpp fairly in wright- ing, by which it may appeare to this honord Court that I had not wronged Stephen Gates nor was indebted to him anything for wch I should agree to pay him anything. Wherefore yo" petitioner being aged & weak and mean in estate hath wronged himselfe and family in loss of so much, be- sides by this means of giueing satisfaction there is an imputation of theft cast vppon mee and the family of yor petitioner (to yr great Greef being inoscent in that respect) and we are much defamed in our names and creditt, and therefore do humbly request this honor Court that our case may be considered, and my bill may be suspended vntill the next County Court and that then the case may be fully heard on both sides and deter- mined accordinge to euidenc and equtie and yor petition' shalbe redy and willing freely to yeald vnto what is right and shall thankfully remain
Yor worth- humble servant JOHN WHETCOMBE [Middlesex Court Records.]
The court decided that the bill must be paid.
64
ANNALS OF LANCASTER,
ORDERS OF THE SELLECTMEN
monday the 7th : 12th : mon 1658 the selectmen meet att goodman Pres- cotts all except goodman Kerley.
1. highway by goodman Kerley. They Consider againe about the high- way along by goodman Kerley : And they Conclude it the best way and doe order that John more John Rugg and the rest apoynted to mend that highway, doe chuse the best Range betweene the range of the Lotts, from the Corner of goodman Smithes Lott to the Corner of John Ruges on a line, and the brooke And to cut vp the brush of it, to make good that highway and that the way extend on the Lott of John Tinker soe far as sume Corner or Elboe of the brook doe ly Comon to the way and he to bee meetly satisfied for it
2. The invitacion to maior Willard gent. They thinke meet and doe order that a leter of invitacion bee sent to maior Simon Willard, to con to inhabit amongst vs, with such motiues Concerning accomodacions as hath beene formerly ppounded, and the hands of the select men afixed, And a copie of it reserued.
3. about sum Land taken from Tho Sawyer, at Nashaway bridg. They order that John More and Jacob ffarer take notic of what Land is taken out of Thomas Sawyers entervaile by the way to the bridge ouer Nashaway riuer : And make report to the sellectmen that he may bee sat- isfied for it, And alsoe what is they think meet for him to haue in Lew of it to be Confirmed.
5. yt fon : more mak known & c That John more mak knowne wher he desires his defects of entervaile, And to bee satisfied, what is meet If in such places as is not Laid out or sequestred.
6. about mster Rowlandsons Rate. That master Rowlandsons Rate bee made for the Last half yeare past to pay him twenty seauen pound tenn shillings and for eurie following half year soe much att Rates as paid to the Cuntrie Rats : And that soe much be aded for the Last half year what was short taking in the ouer pluses of the former Rates to make vp towards it what that will reach.
7. Jacob ffarer his lott altred. That Jacob ffarer on his request, hath his hous Lott altred att one Corner, to say; the south west Corner shall runne out twentie Rods and the south est so much in : And he is to Leaue a Rode spac for a foot way between his house lott and Thomas Sawyers :
Munday 7th ; Ist : mon 1658 (9?) The select men meet att Ralph Houghtons except goodman Kerly.
Order about Ensigne noice. They order that when Ensigne Noyce Comes to Lay out the towne bounds goodman Prescott do goe with him to marke the bounds, And Jobe Whetcombe and young Jacob ffarer to
65
MASSACHUSETTS. 1643-1725.
Carie the Chaine, And such other as Ensigne Noyce shall desire If need bee, And that a bargain bee made first betweene him and the selectmen, in behalf of the towne, for his art and paines.
orders for Layers out of Lands and lotts. They doe Conceive it meet when any Lands ar granted to be Laid out to any inhabitant, the Layers out to bee directed by the selectmen where and how, to prevent after in- conveniences.
Noyes' original return, in Massachusetts Archives, CXII, page 115, is as follows :
Aprill 7th. 1659 In obedience to the order of the honoured generall Court to the now inhabitants of lancaster layd out y" bounds of lancaster accordinge to the sayd grants, wee begane at the wading place of nassua river and rune a lline three mille vpon a west north west poynt one degree westerly, and from the end of ye three mill we rune two perpendic- ular lines beinge fiue mills in length each line, the one line runing north north est one degree northerly, the other line running south south west one degree southerly wee made right angls at the ends of the ten mille line, runing two perpendicular lines. runninge both of them vpon an east south east poynt on degree esterly, one of the sayd lines beinge the north line wee did rune it eight mill in length the other being the south line, wee did rune it six mill and a halfe in length and ther meeting with the midell of the line, which is the line of the plantation granted to the peti- tion" of Sudbury whos plantation is called Whipsuffrage and so runinge their ljne four mill wanting thre score perches to the end of their line at the nor west Angle of Whipsuffrage plantation and from the sayd angle of Whipsufrage runing six mille and three quarters ther meeting with ye fore sayd east end of the eight mile line and soe period all the sajd lines and bounds of lancaster which sayd grants rune eighty square milles of land this by me THOMAS NOYES
The deputyes approue of this returne. our Honord Magists consenting hereto. 14 October 16/2. WILLIAM TORREY Cleric
The magist consent hereto prouided a farme of a mile square 640 acres, be layd out wthin this bounds for the countrys vse in such place as is not already Appropriated to any - their brethren the deputyes hereto consent- ing. And that Major Willard, Ralph Houghton & Jno Prescot see it donne. Consented to by ye deputyes EDWD RAWSON Secretary 18,8,72 WILLIAM TORREY Cleric
It will be seen from above dates that the survey or- dered in the grant of 1653 was not made until nearly six years thereafter, and when made, was not approved form-
5
.
66
ANNALS OF LANCASTER,
ally until thirteen years more had elapsed. The final provision for a state farm may have been duly carried out, but there is no allusion to it whatever found in any town or colonial record. Joseph Willard. Esquire, notes a tradition that the mile appropriated to the state was laid out in some tract of little value in the south part of the town.
Noyes' survey is explicit, and its lines can readily be traced in the boundaries of the towns that have been shaped within its area, as the map at page eight shows. The result was not a rectangle ten miles by eight, as the lost deed of Sholan and the court's order specified ; because when Noyes had run the south line six and one-half miles he suddenly encountered the north line of the Whipsuffer- age plantation, afterwards Marlborough. a line seven miles in length laid out several years before. Neither was the original Lancaster a trapezoid, as Joseph Willard, Esquire. supposed, but an irregular pentagon. Its area by Noyes' record would have been exactly eighty and two-tenths . square miles. But old surveys generally were liberal in measurement, and Lancaster's affords no exception to that rule. This is partly due to the "allowance " usual in such surveys, of about one rod in thirty for swag of chain and irregularity of ground. It is possible that the choice of "Jobe Whetcombe & young Jacob flarer to Carie the Chaine," was based upon some known talent of theirs in that art. One thing is certain, the ten mile line of 1659. in modern maps stretched to over eleven miles, and the other lines followed a similar proportion. Noyes ran his ten mile line twenty-three and one-half degrees west of a true north, but this is not necessarily unaccordant with the terms of the order of the general court, the words north, south, east and west, being commonly used in a relative sense for northerly, etc. Possibly some fixed point was given in Sholan's transfer determining direction, and cer- tainly Sholan's heirs were in the vicinity to watch that the intent of the deed was not transcended.
67
MASSACHUSETTS. 1643-1725.
The wading place of the Nashaway. Before the arrival of the Englishman with his axe, doubtless all the streams of Lancaster bore seaward a much less variable volume of water, and that perhaps fifty per cent. greater in amount than since the hills and swamps were shorn of forest cover- ering. Men living have conversed with those who claim to have seen alewives and trout in streams now, save in winter and spring months, known only as dry grav- el beds. Hence wading places even for horsemen and cattle were infrequent in the rivers, and became important localities in our early annals. One of these appears to have been selected by Sholan and King as the centre of the township, and from it Noyes was obliged to begin his survey. The Nashaway is no respecter of any man's metes and bounds, and in process of time we find our care- ful historian, Joseph Willard, searching for this lost wading place, and finally deciding that it must have been "near the present mill bridge." To accept this would be to charge Noyes and his chain bearers, first, with making his three mile line considerably too short, and, secondly, with fixing his south line full three-fourths of a mile near- er the centre than his north line. Thomas Noyes was too experienced a surveyor to do this. Measurement upon the map shows that the " meeting of the waters " is very near indeed the middle of a north and south line through the old township, and but little over three miles from the orig- inal western boundary. Our mutilated town records seem to afford a clue leading in the same direction. In the tran- script of the oldest records of the proprietors, Prescott's "Entervail Lott" is described as "on the west side of Nash- away Riuer part whereof Lyes between . . . is named in the court Grant for the center of the town at the meet- ing of the rivers" ; -- the provoking blank indicating where some words were illegible to Caleb Wilder when copying the original book. Thus the evidence seemed likely to remain forever imperfect ; but, fortunately, John Prescott,
68
ANNALS OF LANCASTER,
alone of the early proprietors, was so careful a man of business that he had all his land grants and contracts duly recorded in the County Registry by Ralph Houghton, in 1669, and there the missing words are found to be " the wading place which," and the word "at" to be an error for "and." As the description of Prescott's interval proves it to be the same generally known today as the Thayer inter- val, we must conclude that Noyes' starting point was a wading place that existed very near indeed to the site of the Atherton Bridge.
2: 6: 1659. Lanchester is pressented for want of weights and meass- ures according to ye Standard & for want of A Sealler.
Lanchester is pressented for daffect in a highway in their owne bounds Wittnes William Lewis [Middlesex Court Files.]
toward ye Baye.
To the constable of Lanchaster. You are required to Warne some of yor Towne to appeare at ye next County Court to be held at Charl-Towne the 21st of this instant June, then and there to Answr for ye defect in the highway between yor Towne & y" Bay & for witnes W" Lewis & hereof you are to make a true returne vnder yor hand, & not to faile.
dat. June 1, 1659 By THOMAS DANFORTH Re Also yor miller for want of scales & weights according to law. [Middlesex Court Records.]
1659 June 21. Lanchaster is Injoyned to repayre the Highwayes within their bounds leading towards Concord, & in such places as Concord with you shall Judge most convenient, to be done before the next County Court at Cambr, on penalty of ten pounds fine ; also they are to pride thems. of weights & measures for town standards, before the next Court. [Middlesex Court Records.]
Mr Danforth.
Sir acording to yor warant we haue made choyce of Goodm. Lewis to serue on the Grand Jury and Nathaniell Joslin for the pettie Jury and it is the request of the Towne that it may be spared from the servic of Pettie Jurors weh we intreat if it be in yo" powr to do it yo - selfe, if in the Court then to ataine it for vs & we shall euer remaine yo' obliged
Lancaster 1ºº 1659 JOHN TINKER
in the behalfe of the Towne of Lancaster, few weak & 34 miles of. [Middlesex Court Files.]
69
MASSACHUSETTS. 1643-1725.
ORDERS OF THE SELECTMEN.
a repeale of a former [order ] about phibiting of inhabitanc. Munday the 4th : 5th : mon. 1659. The Selectmen meet at John Tinkers house and doe order That notwithstanding, that former order that their should not bee taken into the towne abouc thirtie and five families (the right vnder- standing of which is not soe clearly expresed) itt hath beene sinc ordred by the towne and by the Comitie alsoe, that fiue or six families more then wear then in being should be admited for the good of the towne and church soe further it is Conceived by the selectmen to be most for the good of the towne, that soe many inhabitance be admited as may bee meetly accommodated, prided they are such as are acceptable, And their- fore that former order is repealed and that admitance bee granted to soe many as shall stand with the discrescion of the selectmen, And are worthie of acceptance according to the Comities apoyntment.
goodman Wilder selectman. 26: 4th : mon 1659. Master Tinker who was one of the Selectmen apoynted by the Comitee, to order the afaires of this towne, he hauing remoued his dwelling to Pequid, the rest of the selectmen peticioned the Comitie that good man Willder might bee apoynted by them to act as a sellect man which was granted.
ORDERS & DIRECTIONS GIUEN TO RALPH HOUGHTON .ABOUT THE LAYING OUT THE 2 DEUISION OF MEDOW.
Munday the 5 : ffebruarie [1659] the towne met at the house of Maior Willard to Consider of a way to sett forward a 2 deuision of medow ; And forasmuch as their was by a former act of the towne way made for the efect the work of Laying out a second deuision of medow first by sur- veying the medowes and men Choise to doe it theirfore the towne put it to voat whether that way should stand or noe which voate was as ffol- loweth.
They that are minded to Carie an end the 2 deuision of medow acord- ing to the true intent of the order formerly agreed on by the towne, And heare Read before the towne. for the manor of it, only a new tim sett for the accomplishment of it. in Regard the tim that was sett is past, only the towne hath their Libertie to chuse new men and to agree with them vpon as easie termes as they can, They that are thus minded Let them manifest it by holding up their hands, the hands held vpp were 14. They that are otherwise minded Lett them manifest the Contrary by holding vp their hands, the hands held vpp were 16: which being done this following voat was Confirmed by the towne. If the towne bee minded that a man shall be made Choice of. and agreed with, forthwith to goe on with Laying out the 2 deuision of medow, acording to such orders and directions the towne shall agree of to bee his Rule theirin, and that 4 acres of medow to 100"? estate be Laid out and to begin in such a place and soe to proceed from
70
ANNALS OF LANCASTER,
medow to medow acording to such instrutcions as the towne shall giue in writing this was Confirmed by a voat none descenting.
A mocion was made by sum that If there was any medow Left comon at after the 2 deuision was finished, that then such as did draw but litle medow by deuision might haue sum helpe and in answer whervnto this following voat past in the towne. They that are in a minde that when a 2 deuision of medow is Laid out of 4 acres to 100" state, If any be left such as are in want and have but a litle medow by Lott acording to order of the towne shall haue sum suply out of the Remainder of the medow that is such as haue home Lotts and beare a compitant charge in the towne this ordred by a voat of the towne to bee entred into the towne booke as an act of the towne.
to george Benit. Nextly a litle medow at Chesquonopog pond was granted to georg Benit for his full proporcion to a 2 deuision of medow which was due to his grandfather Richard Linton
medo granted to such as haue it in their 2 deuision of upland. Nextly it was granted that such as haue medow in their 2 deuision of vpland haue their Libertie to take it for pte of their 2 deuision of medow and to take soe much Lesse where their Lot falls.
Surveiors order. Nextly it is ordred that the Layer out of this 2 deui- sion shall and is herby impowred to Carie an end the worke of this 2 devision and to Call forth men eurie day soe many as he thinks hee Can dispatch their Lotts and they are to atend the worke and not depart vn- lesse the Layer out giue way theire vnto, And the Layer out of medowes is to baue a care acording to his best discresion that eurie mans Lott may be made equall in qualitie, as neare as he can acording to his discres- ion and If any man neglect to atend the worke when he is Called by the Layer out, hee shall forfite double to an ordinarie daies wage that soe the surveier may hire one in his Roome, that soe the worke may not be neg- lected,
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.