USA > Massachusetts > Middlesex County > Sudbury > The history of Sudbury, Massachusetts, 1638-1889 > Part 11
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108
HISTORY OF SUDBURY.
meadow given by way of gratulation should have right of commonage."
That the original grantees, and those subsequently given the privileges of such, as a "gratulation " for services per- formed for the settlers, could transfer the right to subsequent divisions of the common and undivided land, is indicated by the records of the proceedings 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, are 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 possessed 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.
With this explanation, or setting forth of the principles of division, we are prepared to notice the divisions themselves, which are of two kinds : first, those made as an encourage- ment and help to the settlement ; second, those made on the principle of meadow dividends or meadow rights. The divis- ions made under the first head were probably two. The first of them was that of house-lots, which, as we have said, comprised only a comparatively small area, perhaps sufficient for a garden or orchard, and a small clearing about the door, and intended as an encouragement to the owner to continue there as a citizen. It is supposed these lots were given in an equable manner, the average being about four or five acres ; and when there is much variation from this, it was doubtless to make up for inequality of situation, soil, or some circum- stance which called for exception. It mattered not whether married or unmarried, each received a like lot. As a rule, it was expected that those receiving lots should build upon them, as the Colony Records state (Vol I., p. 222) that " Mr. Pelham and Walgrave are granted their lots at Sudbury abso- lutely wth out condition of dwelling there only Mr. Pelham p mised to build a house and settle a family there & to be there as much as he could in the summer time."
109
HISTORY OF SUDBURY.
It was essential that the plantation should be peopled. The condition of the grant by the Colonial Court was, that there should be settled a certain number of families within a speci- fied time ; and, in case of failure, the lands were forfeited. It was an object, then, to encourage settlement by the gift of a lot for a homestead, and so much land as was essential to give the settler a start. Beside this first allotment for homes, at an early period an allotment was made of meadows, which may have also been for encouragement and help. An early rule for the apportionment of meadow, which we think may have been for this purpose, is this : -
" It was ordered and agreed that the meadows of the town of Sudbury shall be laid out and given to the present inhab- itants, as much as shall be thought meet according to this rule following.
Imprimis. To every Mr of a ffamilie 6 akers. To every wiffe 63 akers.
To every child 12 akers.
To every mare, cow, ox, or any other cattle that may amount to 20 £ or so much money 3 akers."
We conjecture that lands given by this rule were for encouragement, from the fact that a house-lot of itself would not suffice to give a support, or afford food for the cattle. It was also essential that some meadow should at first be allowed on other than a property basis, as was the case in other divis- ions. The larger the household and the cattle herd, the more need of much meadow. We have no record to inform us how much meadow was assigned by this rule. By other rules, about a thousand acres, more or less, were divided ; and if there were fifteen hundred acres of meadow in the grant which the court allowed, supposing as much was found to exist there, then about five hundred may have been divided in this way. By this rule, the settlers who came on the ship "Confidence " would receive about a hundred acres, allowing a fair amount for their stock.
We come now to consider the second class of divisions referred to, viz .: those of the meadow lands which were to
1
110
HISTORY OF SUDBURY.
be as land dividends, or as the basis of assessments for raising money to meet public expenses, or for the allotment of other lands. It is supposed that three such divisions of meadow were made on different occasions, all before the close of the year 1640. An original record of these divisions has been given on the town books, but it is now so worn that parts of it are entirely gone. It is placed early in the first book, and some one has added to it the date 1638, which is incorrect, since no divisions were made so soon. In another part of the first town book (p. 137) is found another list, signed by John Grout, a subsequent clerk. The list was probably copied by him from the original, before it became so defaced, or the lost part may have been restored by him from his per- sonal knowledge, or from some source not now extant. Still another list is given in the Stearns' Collection, written by Noah Clapp; and other lists are given in the Proprietors' Book. We give the first list found in the original town book so far as it can be read, together with the preamble, and com- plete the list from the point where the part is wanting by the list of John Grout : -
"A record of the names of the Inhabitants of Sudbury, with their several quantity of meadow to every one granted according to their estates or granted by gratulation for ser- vices granted by them, which meadow is ratable upon all common charges.
Imprimis
The first division.
Second.
Third.
Gratu- lation.
Mr William Pelham
16층
33}
25
Mr Edmund Brown
16號
332
25
15
Mr Noyse
16
32
24
Bryan Pendleton
13}
30층
22
16
Walter Haine
13}
291
22}
10
John Hayne
23
53
4
John Blandford
1}
4
22
hugh Griffyn
2
3
5를
Edmond Goodnowe
5
11
8
Bobert Beast
31
5층
Thomas Noyse
42
10
71
Thomas Browne
7
16
11}
111
HISTORY OF SUDBURY.
The first division.
Second.
Third.
Gratu- lation.
William Browne
2}
3
23
Robert Darnill
8
17
12}
5
Thomas Goodnow
2
4
3
John Freeman
4
8
6
Solomon Johnson
william ward
42
11
74
Richard Newton
2
4
3
John Howe
2
4
3
George Munnings
3를
7
51
10
Anthony whyte
3
6분
43
Andrew Belcher
4
8
61
John Goodnowe
23
9
53
John Reddock
23
5
33
Thomas Whyte
5
10
74
John Parmenter Senior
54
12
83
Edmond Rice
93
19
144
Henry Rice
8
4
wyddow Buffumthwyte
7
3}
Henry Curtis
1
3
2
John Stone
2
41
43
John Parmenter Jun
2
5를
33
John Rutter
3
The following names are from the list of John Grout: -
John Toll
5
4
John Wood
31
7
54
Henry Loker
1
31
24
John Loker
1
3
2
Widow Wright
2
4
3
John Bent
1
14
102
4
Nathaniell Treadway
5
10
71
Widow Hunt
1
3
2
10
John Maynard
11
44
3
Joseph Taintor
5
33
Richard Fordom
30
Thomas Cakbread
30
Mr. Herbert Pelham
112
HISTORY OF SUDBURY.
The first division.
Second.
Third.
Gratu- lation.
Mr. Glover Richard Bitlcom ( Bildcome) Robert Davis Henry Prentis
1}
4 23
3
Wm Kerly
Beside the list in this tabulated form, we have a record on the town book of the first two divisions of meadow, together with the reason assigned for the record and for the divisions of land, and also, in some cases, the locations of the lands. This record, which is as follows, we give in the order that is found in the book : -
" It is ordered that all the inhabitants of this town shall have 3 of their total meadows laid out this present year, viz. : the first divided according to discretion, and the sec- ond by lot, and the quantity of every man's particular sum amounts to the sum following.
" Here followeth a record of the particular quantity of the acres of meadows, which were laid out in the first division unto the inhabitants, as they lie successively upon the great River, with the allowance of such acres which were added to supply for the badness to be a proportionate rule to the inhabitants."
" The 22nd day of February 1639.
" It is ordered and agreed that whereas now the commis- sioners of Sudbury have a levy to gather some money to pay for the purchase of our plantation, and also other rates for divers occasions, do order that all our rates shall now be gath- ered according to such quantity of meadows as are granted to the inhabitants of the town according to the rate or fixed propotion, as in pages following, which we have annexed for future reference.
"Impr To Henry Prentise was laid out 12 acres being his just quantity is to be rated for, and lieith on the north side of Bridle Point, so called now, and on the other side of the river, and adjoineth to the brook, the end bounded by marked stakes.
113
HISTORY OF SUDBURY.
Acres.
Acres.
John Parmenter Junior 22
John How
22
Richard Newton 2
Andrew Belcher 4
Peter Noyse 16
William Parker 1}
Thomas Browne 7
John Parmenter Senior 5층
and 2 acres for allowance
Henry Loker
John Goodnow 42
¿ acre for allowance
Bryan Pendleton
12}
Robert Hunt 1
1 acre for allowance
Richard Whyte 2
Edmond Browne
16}
2} for allowance
George Munnings
31
John Bent 7
3} for allowance
Widow Noyes
2
Walter Haynes 13}
William Browne
1
James Buckmaster 3
4
Thomas Joslyn 1
Goodman Witherill 2
Edmond Goodnow
5층
Solomon Johnson
3
Thomas Hayne 22
John Knight
16號
John Loker 1
Nathaniell Treadaway
5
Robert Beast
Henry Curtise
1
Robert Darnell
John Stone 2
Thomas Noyse
4}
John Reddicke 2}
John Maynard 1층
William Pellam 16}
and one acre for allowance.
" Here followeth a record of the particular quantity of the acres of meadow which now laid out in the second division of them unto the inhabitants, as they fall to them by lot.
Acres.
Acres.
Impr. John How 4 Goodman Witherill 4
Bryan Pendleton 301
Hugh Griffin 5
The Ministers Meadow
Robert Hunt 3
Nathaniel Treadway 10
Richard Newton 4
James Buckmaster 7 Thomas Flyn 3
and an acre for allowance Hugh Griffyn 2 and 12 acres for allowance Thomas Whyte 5
and 3 for allowance
Joseph Tayntor
1 acre for allowance
John Blandford
1}
John Wood 3를
Thomas Goodnow 2
Anthony White
3
The Minister's Meadow
John Freeman
114
HISTORY OF SUDBURY.
.
Acres.
Acres.
John Parmenter Senior 12
Robert Darnell 17
John Ruddicke
5
Henry Curtys
3
John Blandford
4
Robert Beast
7을
John Wood 7
John Goodnow
91
Thomas Haynes 53
Edmond Goodnow
11}
William Brown
3
8 for allowance
Richard Whyte
George Munnings
7
Thomas Goodnow 4 4 for allowance
Andrew Belcher
Anthony Whyte 62
Widow Noyse 4 Henry Prentise
4
William Pellam
33} John Parmenter Junior
5}
Thomas Browne
16 William Parker 4
John Stone
Edmund Rice
18%
Henry Loker
31
Solomon Johnson
7
"Peter Noyse had the moiety of his second addition of meadows, his 16 acres, laid out below next Concord bounds and he has laid out 6 acres more next adjoining unto 20 acres laid out unto Edmond Browne, about and against the Bridle Point. Now in case the said Peter shall be inhibited from the enjoying of the said 16 acres last specified, it shall be lawful for the said Peter to have it laid out upon or in any meadow not laid ont to any.
" Edmond Browne is to have 15 acres for his second addi- tion, in part lying about the timber neck on the south side, if he accepteth it, and 20 acres laid out next over bridle point, which 2 acres if he shall not enjoy, or if Mr. Pellam cometh not up he is then to choose where he will have it laid out and upon any meadow that shall be assigned by and of Mr Herbert Pellam
" 20th 2 m : " EDMOND BROWN, PETER NOYSE,
" BRYAN PENDLETON, WALTER HAYNES,
" EDMUND RICE, GEORGE MUNNINGS."
Beside the foregoing record of the first two divisions, there is a record, which directly follows, of an " addition " made. Nov. 18, 1640, which is this : -
115
HISTORY OF SUDBURY.
" We whose names are under written being chosen by the town of Sudbury, and part in commission for to assign to the inhabitants of such land as by order was given them which was called the third additions, have affixed unto them as followeth, the eighteenth day of November 1640.
" Granted unto
Acres.
Acres.
John Knight
- 55 Joseph Tayntor 7을
Hugh Griffin 20
These lands lie at gravel pitte.
Acres.
Acres.
To John Stone
9 John Wood
4
Nathaniel Treadaway
16} .
William Ward
8
Henry Curtys 4 John Freeman
13
John Reddicke
93
Solomon Johnson
11
Edmond Rice
9
John Knight
6
Upon the south side of the land last above written.
Acres.
Acres.
Brian Pendleton
38
Widow Hunt
42
Walter Haynes and John Haynes
67
John Maynard
9
Edmond Goodenough
11
Thomas Jslyn
42
John Goodenough
9
Andrew Belcher
14
William Kerly
10
Thomas Goodnough
Robert Beast
8
Mr. Noyse
53
Thomas Noyse
17號
William Brown
18
John Waterman
12
Thomas Brown
29
Walter Haynes
22
Anthony Whyte
102
Bryan Pendleton
18
Thomas Cakbread
44
John Blandford
17
John Parmenter Sr
191
Edmond Rice
25
Henry Loker
8
John Howe
8
John Goodnough
8
Robert Darnill
18
John Wood
112
Henry Prentiss
9
Widow Rite
8}
John Parmenter Jn
9
John Loker
.
Richard Newton
6층
.
Edmond Goodenough
7층
John Bent
23
" Peter Noyse, Bryan Pendleton, Edmond Rice, Walter Haynes, Edmund Goodnough."
116
HISTORY OF SUDBURY.
Such are some of the larger land divisions recorded in the earlier days of the town, and before the division of the new grant on the west side. Other divisions took place as the years went by. Not only the meadows but the uplands were parcelled out and apportioned, some for public use, some to the early grantees, and some to individuals in return for value or service.
In 1642 an addition of upland was made "in acres accord- ing to the 1st and 2ond divisions of meadows granted unto them by the rule of their estate ; and Peter Noyes, Bryan Pendleton, George Munnings, Edmund Rice and Edmund Goodenow were to have power to lay out the 3d division at their discretion."
In 1678 John Loker was to have for a house and some land which the town desired of him for the minister, and which was situated just west of the meeting-house, "twenty pounds of money of New England, and also forty acres of land on the west side of the great river of Sudbury, in some place of the common land, that he, the said John Loker, shall choose, near to that called the World's End. Only it is to be on the eastern side of the highway, that there leads from Pantry Bridge to Concord, and lieth also on the north side of the Pantry and Gulf meadows."
Rev. Mr. Sherman, also, about the same time, was to have "six acres of common upland, being on the back side of the town, at the end of Smith field; and also six acres of meadow ground, some where out of the common meadows of this town." He was also to pasture his cattle on the common lands, and have firewood and timber from them.
These records show that a variety and abundance of terri- tory was at the disposal of the town as late as towards the last of the seventeenth century; but years after the town had ceased to apportion undivided lands to the inhabitants, and the original grantees were all or nearly all dead, there existed a portion of territory owned and controlled by par- ties who were called in their record book " ye Proprietors of ye Common and undivided land in Sudbury." These pro- prietors based their claim to this property on the transferred ownership and right of the original grantees. These proprie-
117
HISTORY OF SUDBURY.
tors met at times far along into the eighteenth century. They kept a record of their meetings, transacted business in an orderly way, and determined matters by majority vote. By their records we learn that they sold and gave away lands, discontinued and laid out highways, and allowed territory to the town for public purposes. About the beginning of the eighteenth century the persons making up this proprietary, as given in their records, are as follows : -
Thomas Frink,
John Allen,
Wm. Jennison,
Jonas Barnard,
Peter Jennison,
Joseph Noyes,
David Haynes,
John Grout,
Peter Haynes,
Jonathan Rice,
Samuel Wright,
John Adams,
Widow Blandford,
Jonas Rice,
John Parmenter, Elisha Rice,
Caleb Jonson,
Nathaniel Rice,
Samuel Howe,
Samuel Graves,
Attorney for Mr. Ed. Pelham,
Jonathan Grout,
Thomas Reed,
John Smith, Thomas Godfrey,
Benjamin Parmenter, James Reed, John Long,
Joseph Moore,
John Loker,
Benjamin Moore,
John Haynes,
Jonathan Griffin,
Hopestill Bent,
Thomas Brown,
Thomas Brown, Jr.
The names of the proprietors changed as the years passed by. They held their meetings at a private residence, and one house is designated on their records as the place where they convened for years. Their lands were widely scattered throughout the town, and were divided sometimes by lot. When a difference existed that was not settled among them- selves, they referred the matter to others. In 1705 a com- mittee, consisting of Edward Goffe, Joseph Noyes and Joseph Sherman, were chosen by the proprietors for the adjustment of matters relating to their division, and the following is the report, Sudbury, March 15, 1705: -
118
HISTORY OF SUDBURY.
" We whose names are underwritten being chosen as a committee by the Proprietors of the Common Land in Sud- bury to adjust and settle the difference between persons drawing their rights in the division of common land either , by rate or by meadow we the subscribers do agree that he that hath right in the common land by his meadow and chooses to draw by his rate our opinion is that every person who hath a right in ye common by virtue of his meadow and chooses to draw by his rate made in the year 1655 that two shillings in sd rate shall be equal in proportion with ye right of one acre of meadow provided the rate did arise upon their own proper estate.
" EDWARD NOYES, JOSEPH NOYES, JOSEPH SHERMAN."
Thus at an early date was the land tract first assigned by the Colonial Court for the settlement apportioned and set apart for private and public purposes. Little, doubtless, did those early inhabitants conceive of the changed condition that a century would bring forth. Little did they think that their meadow paths would become county roads, and their cow commons the site of thriving villages.
A few specimens of the proprietors' records may serve to show something of the character and doings of " ye Proprie- tors of ye Common and Undivided lands of Sudbury : " -
" Sudbury, Janary ye 15th 1705.
"Att a meeting of The Proprietors of ye Common and undivided Land In Sudbury Tho Browne was Chosen mod- erator To Cary on ye work of Sd Day By a vote of ye Pro- prietors of The Common and undivided Land in Sudbury Thomas Frink was Chosen and Sworn, at ye above sd meet- ing, To Perform ye office of a Clark for ye proprietor as above sd. By Thomas Brown Justes of ye peace.
"Att ye above sd meeting, voted yt ye proprietors of ye Com- mon and undivided land In Sudbury will Lay out all or part of Their undivided Lands In Sudbury. Att ye above sd meeting voted yt Samuell King ** Graves William Jenison Are Chosen a Commitey to prosecute Those y' have or Shall
.
119
HISTORY OF SUDBURY.
Traspass In falling of wood or timber on our undivided lands."
" Sudbury, febuary 13th 1707-8.
" Upon the Consideration of the Great Strip and waste of ye wood and timber In the Comon or undivided Land In Sudbury, and in an espesiall manner In the Lands called the Cow Comons, for the prevention hereof we the Commetey hereafter named Doe notefy the Proprietors of said Common or undivided Land, to meet at the House of Susanna Blan- ford on tuesday the 24th of this Instant, feburary at ten of the Clock on said Day, then and there to take sum speedy Care for the prevention thereof, By Laying out said Lands Either part of it or the whole, Either In said Cow Commons or without the Cow commons: or any other Business said Proprietors shall see cause to act or Doe when meet on said Day."
"Sudbury October 24th, 1710 at a meeting of ye Proprie- tors Of ye Common and undivided Land in Sudbury which meeting was by adjournment from Sept 19 1710 Cap John Goodenow Petitioning to ye Proprietors to buy of Them one acre of land in sudbury on ye west side of The River being ye point of Land between ye road yt Leads to Marlborough Northerly : and to Lanham southerly And Esterly of ye Land of Thomas Brintnall without any violation to Her Majesa Highways on every side."
"Sudbury February 16 12 1713 At a meeting of ye Proprie- tors Of the Common and undivided Land in Sudbury which meeting was by adjorunment from January 12: 1712-13. Said Proprietors by a vote Granted to John Brooks and his wife During Their Natural Lives having a small Hous on the same And is Fenced in : : Shall be and Remaine for Ever for the use of the poor To be ordered and Disposed of by the selectmen of Sudbury for ye use and Benefit of the poor. Likewise said Proprietors Granted yt There should be so much Land Added to this Land as to make ye same seven acres of the Land near or adjoining to ye same - - Likewise ye Proprietors Granted that There should be Two Acres of Land added to the Donation of Ensign Peter Noyes
120
HISTORY OF SUDBURY.
to the Town of Sudbury for the use of the poor. The said Two Acres to be Laid out as said David Hayns shall Judge most conveniant Joyning to said Donation. Likewise said Proprietors Granted that There shall be a further Addition to ye above said Donation of Ensign Noyes and Impowered sarj David Hayns to lay out so much Land as he shall think needful for flowing and in larging the mill pond."
"Sudbury May 25th 1713. At a Meeting of ye Proprie- tors of the Common and undivided Land in Sudbury which Meeting was by Adjournment from March The 23: 1713 The Proprietors Chosen and Impowered The Comitte here- after Named To view and lay out Two Conveniant Training places or Fields in said Sudbury and on each side ye River where it may Be most Conveniant and the Comitte are to agree with any prson or prsons yt owneth ye Land yt is most Convenient for said Training places if Land may not Con- veniently be found for said uses in ye said undivided Land in said Sudbury: the Comitte are Capt Brown Capt Hayns Leiut Frink Leiut Hayns Ens Noyes Ens John Balcom Quart Brintnal Quart' Carter ye Major part of said Comitte are Impowered to act in said affair and to make Return of Their Doings in it to ye Proprietors at their next meeting : Likewise the Proprietors Adjourned their meeting to the 14 Day Septemb 1713 to be at ye hous of Mrs Susanah Blanford in said Sudbury at Twelve of ye clock Noon on said Day."
At a meeting "of ye Proprietors of The Common and undi- vided Land in Sudbury on June ye 14: 1714 = said Pro- prietors by a vote Granted yt the Land Layd out on ye East side of ye River in said Sudbury for a Training Field shall Lye for ye use aforesaid for ever according to ye Plott and return of ye Comitte : : Said Proprietors at said meeting by a vote Adjourned their meeting untill Monday the 28 of this Instant June at Twelve of ye Clock noon of said Day: to be at ye Hous of Mrs Susanah Blanford in said Sudbury."
The proprietors, at a meeting on April 5, 1715, " granted by a vote to Ens John Noyes a Liberty To fence in the old burying place but yet ye said Noyes his heirs and assigns are for ever prohibited and hindered from breaking up said bury-
121
HISTORY OF SUDBURY.
ing Place or seting up any building on the same it being kept and reserved for burying ground.
"PETER HAYNS, Moderator."
"Sudbury July 1715: Upon The Desire of John Rice Jun yt he might have a high way from his hous into the Country road To pass to meeting Market & Mill &c: we the Sub- scribers being Apointed by the Proprietors &c for The Squadron have Layd out an Open high way of Two rods wide Beginning at the said Rice Land near his Barn on the south Side To ye road that leads To Framingham, and marked Trees runing from where we began The Cow Comon Land To Ensign Jonathan Rices Lot, so runing through that to The South east Corner of Mathew Gibbs his field, and so along by his fence to the road upon Lanham Plain, and the said Jonathan Rice being present Did Agree, Provided the Proprietors would make him Allowance And he would have his Allowances Upon the Gravel Hill by his hous.
" BENJAMIN MOOR, "SAMLL WRIGHT, J Comitte."
" Sudbury February 26: 1716: 17: at a meeting of ye Pro- prietors of the Comon and undivided Land in Sudbury by adjournment from December 18: 1716 voted by the Proprie- tors that they will have another Addition as big as their Division first Layd ont in the Comon and undivided Land in Sudbury. And that they will draw lots who shall be ye first and so successively till all the Lots are Drawn Pitched and Layd out and if any Proprietor after notice given him by the Surveyor or Chain . . . By ye Comittes order or ye Committe To pitch their Lots Doe neglect or refuse to Doe the same, and not pitch Their Lot or Lots in the space of Twenty four hours after notice given : That then the Comitte shall pitch It and the surveyors shall proceed to the next Lot or Lots every man paying the charge before any Record be made of it."
" The proprietors voted that there shall be a Burying place Layd out on the west side of The River of one acre and a half in ye most Convenient Place : Capt Hayns Mr Peter Hayns Sarj Benj Moors Lt Hayns Corp1 Nathanel Rice
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