USA > Massachusetts > Middlesex County > Sudbury > The history of Sudbury, Massachusetts, 1638-1889 > Part 7
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HISTORY OF SUDBURY.
all such persons, not so removed to the said plantation, shall be void and cease, and it shall be lawful for such as are removed and settled there, or the greater part of them, being freemen, to receive other persons to inhabit in their rooms, in the said plantation ; provided, that if there shall not be thirty families at least there settled before the said time lim- ited, that then this Court, or the Court of Assistants, or two of the Council, shall dispose of the said plantation to any other. And it is further ordered, that after the place of the said plantation shall be set out, the said petitioners, or any such other freemen as shall join them, shall have power to order the situation of their town, and the proportioning of lots, and all other liberties as other towns have under the proviso aforesaid. And it is lastly ordered, that such of the said inhabitants of Watertown, as shall be accommodated in their new plantation, may sell their houses and improved grounds in Watertown; but all the rest of the land in Water- town, not improved, shall remain freely to the inhabitants, which shall remain behind, and such others as shall come to them.
" And the said persons appointed to set out the said plan- tation, are directed so to set out the same, as there may be 1500 acres of meadow allowed to it, if it be there to be had, with any convenience, for the use of the town." (Colony Records, Vol. I., p. 210.)
A further record of Court action, dated March 12, 1637-8, is as follows : -
" The Court thinketh meet that they (of Watertown) should have liberty to sell their allotments in Watertown, and they are to give their full answer the next Court, whether they will remove to the new plantation and John Oliver put in the room of Richard Jackson, for to lay out the said plantation, which they are to do before the next Court."
The Court having granted the request for a plantation at Sudbury, allowed the petitioners to go on with their work,
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HISTORY OF SUDBURY.
and appointed a committee to establish the bounds and make an allotment of land, as set forth by the following record : -
" At Gennall Court held at Boston the 6th Day of the 7th Month, a 1638 [Sept. 6, 1638].
" The petitioners Mr Pendleton, Mr Noyse, Mr Brown, and Compa, are allowed to go on in their plantation, & such as are associated to them and Lift. Willard, Thomas Bro [Brown] and Mr John Oliver are to set out the bounds of the said plantation & they are alowed 4s a day, each of them & M' John Oliver 5 shs a day, to bee borne by the new plan- tation. And the petitioners are to take care that in their alotments of land they have respect as well to men's estates & abilities to improve their lands, as to their number of per- sons ; and if any difference fall out the Court or the counsell shall order it." (Colony Records, Vol. I., p. 238.)
The land first appropriated was supposed to comprise a tract about five miles square. It had for boundaries Concord on the north, Watertown (now Weston) on the east, and on the south a line running from a point a little east of Nobscot Hill along the present Framingham and Sudbury boundary direct to the Weston town bound, and on the west a line two miles east of the present western boundary.
The second grant was of an additional mile. This was allowed, to make up a deficiency in the first grant, which defi- ciency was discovered on making a survey a few years after the settlement began, and it was petitioned for May 13, 1640. The petition was for a mile in length on the southeast and southwest sides of the town ; and it was allowed on condition that it would not prevent the formation of another plantation, " or hinder Mrs. Glover's farm of six hundred acres formerly granted." (Colony Records, Vol. I., p. 289.)
The third tract was granted in 1649. It contained an area two miles wide, extending along the entire length of the west- ern boundary. The Colony Record concerning this grant is : " That Sudberry is granted two miles westward next adjoin- ing to them for their furth' inlargement, provided it [preju-
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HISTORY OF SUDBURY.
dice] not Wm Browne in his 200 acres already granted." (Vol. II., p. 273).
Besides these three grants, there were others made to indi- viduals. One of these was to William Browne, of which the record is as follows: "In answer to the petition of Wm Browne ffor two hundred acrs dew for twenty five pounds putt into the joynet stocke by Mrs Ann Harvey his Aunt, from whom he made it appear to the Court he had sufficyent deputacon to require it, his request was grannted ; viz., 200 acrs of land to be layed out to him wthout the west lyne of Sudbury by Capt. Simon Willard & Seargeant Wheeler." This land was easterly of Nobscot Hill, and about the locality where the Browns have since lived.
Another grant was the Glover Farm, situated on the town's southerly border. This tract was largely in the territory of Framingham. It consisted of six hundred acres, granted to Elizabeth, the widow of Rev. Josse Glover. Mr. Glover, rector of Sutton, Eng., in the June of 1638 made a contract with Steven Day, a printer, to come over at his expense, designing to set up a printing-press in Cambridge, the seat of the university. Shortly afterward he embarked for this country, but died on the passage, and was buried at sea. Mr. Glover had aided the colonists in various ways, and by his death they lost a valuable friend. This land tract may have been given to his widow in recognition of service received. It lay westerly and northerly of Cochituate Pond, extending to the northeast corner of Dudley Pond, thence to the Sudbury old town bound ; being bounded on the west by the river, and on the south by Cochituate Brook.
Another grant was that of the "Dunster Farm," some- times called the "Pond Farm." This was a tract of six hundred acres, granted, in 1640, to Henry Dunster, first president of Harvard College, who in 1641 married Mrs. Elizabeth Glover. This farm was situated southeasterly of the " Glover Farm," and had Cochituate Lake for its west- ern boundary.
Beyond this farm easterly was a tract of two hundred acres, extending towards the Weston town line, and called
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HISTORY OF SUDBURY.
the "Jennison Farm." This was granted, in 1638, to Capt. William Jennison of Watertown, for service that he rendered in the Pequot war. It was laid out in 1646.
Another grant was to Mr. Herbert Pelham, Sept. 4, 1639. This land grant was situated in the present territory of Wayland, and was what is called " The Island." For many years it was mostly owned and occupied by the Heards. Mr. Pelham came to America in 1638, and for a time lived at Cambridge. Savage, states that he was a gentleman from the county of Lincoln, and when in London, where he may have been a lawyer, was a friend of the colony. Governor Hutchinson says, " He was of that family which attained the highest rank in the peerage, one hundred years ago, as Duke of Newcastle." He was much engaged in public service, and put into the common stock of the colony £100. He became a freeman in 1645, at which time he was chosen an assistant. He was the first treasurer of Harvard College in 1743. In 1645 Herbert Pelham, Thomas Flynt, Lieutenant Willard and Peter Noyes were appointed commissioners of sewers "for bettering and improving of ye ground upon ye river running by Concord and Sudbury " (Colony Rec- ords, Vol. III., p. 13). He returned to England in 1649, and resided at Buers Hamlet, County of Essex. He died in England, and was buried at Bury St. Mary's, in Suffolk County, July 1, 1673. By his will, dated Jan. 1, 1672, he gave his lands in Sudbury to his son Edward. His daughter Penelope married, in 1657, Gov. Josiah Winslow. "Pelham's Island " was sold in 1711 by the Pelhams, who were then in Newport, R. I., to Isaac Hunt and Samuel Stone, Jr., who in November of that year sold a part of it to Jonathan and George Read.
Land was also granted to Mr. Walgrave, who was father- in-law of Herbert Pelham. The Records state concerning both of these men that "they are granted their lots at Sud- bury absolutely wth condition of dwelling there only Mr. Pelham p mised to build a house there, settle a family there and to be there as much as he could in the summer time." (Colony Records, Vol. I., p. 292).
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HISTORY OF SUDBURY.
The Colonial Court as a rule did not interfere with the disposition of the lands granted. It held in reserve the power to adjust any difficulties, and to see that the condi- tions on which a township was allowed were kept.
As has been already observed, the Court was not the only party with which the settlers had to deal if they would obtain indisputable titles to their estates. While the Eng- lish claimed the country by right of discovery, there were those who held it by right of ancient hereditary posses- sion, and the English were in justice called upon to recog- nize this right, and purchase the territory of the native pro- prietors.
This was done by the Sudbury settlers. The first tract for the plantation was purchased in 1638 of Karte, the Indian proprietor (see Chapter II.), and it has been supposed that a deed was given; but this is not essential as evidence of the purchase, since in the deed given by Karte for land subse- quently bought he acknowledged the sale of the first tract, in the statement that it was sold to " George Munnings and to the rest of the planters of Sudbury." In this first bar- gain of real estate it is supposed that Mr. Munnings acted as agent for the settlers, and that he, together with Brian Pen- dleton, advanced the money for payment.
The second tract was also purchased of Karte, who gave a deed, of which the following is a true copy : -
INDIAN DEED.
Bee it known vnto all men by these presents that I Cato otherwise Goodman for & in consideration of fyve pounds wch I have received in commodities & wompumpeage of Walter Hayne & Hugh Griffin of Sud- bury in behalf of themselves & the rest of the planters of Sudbury ; doe this my write in give & grant bargain & sell vnto the said Walter Hayne -(Haine) - & Hugh Griffin & the said planters of the town of Sudbury so much land southward & so much land westward next adjoining to a tract of land weh I said Cato formerly souled vnto George Munnings & the rest of the planters of Sudbury as may make the bounds of the said town to be full fyve miles square wth all meadows, brooks, liberties privi- ledges & appertenances thereto belonging wth all the said tract of land granted. And I grant vnto them for me & mine heirs & brethren that I & they shall & will at any tyme make any further assurance in writing for the more p'fct assuring of the s'd land & all the premises wth the
.
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appertenances vnto the s'd Walter Haine & Hugh Griffin & the sd plant- ers & their succssors forever as they shall require.
In witness whereof I herevnto put my hand & seal the twentieth day of the fourth month one thousand six hundred forty eight.
Signed sealed and delivered in the presence of.
EMMANUEL DOWNING EPHRAIM CHILD CUTCHAMCKIN [mark] ? JOJENNY [mark] brothers of Cato
This deed was sealed & acknowledged by the sd Cato (who truly under- stood the contents of it the day & year above written) Before mee.
JOHN WINTHROP, Governor. Registry of Deeds Suffolk Co. Mass.
The deed for the land last granted, or the two-mile tract to the westward, is on record at the Middlesex Registry of Deeds, Cambridge, of which the following is a true copy :
For as much as the Gen1 Court of the Massachusetts Colony in New England hath formerly granted to the Towne of Sudbury in the County of Middlesex in the same Colony, an addition of land of two miles west- ward of their former grant of five miles, which is also layd out & joyneth to it: and whereas the English occupiers, proprietors and possessors thereof have chosen Capt. Edmond Goodenow, Leift Josiah Haynes, John Goodenow, John Brigham & Joseph Freeman to be a comittee for themselvs & for all the rest of the English proprietors thereof, giving them their full power to treat with & to purchase the same of the Indian proprietors of the sd tract of land & to satisfy & pay them for their native, ancient & hereditary right title & intrest thereunto.
Know all People by these presents -That wee, Jehojakim, John Magus, John Muskqua & his two daughters Esther & Rachel, Benjamen Bohue, John Speen & Sarah his wife, James Speen, Dorothy Wennetoo, & Humphry Bohue her son, Mary Neppamun, Abigail the daughter of Josiah Harding, Peter Jethro, Peter Muskquamogh, John Boman, David Man- noan & Betty who are the ancient native & hereditary Indian proprietors of the aforesd two miles of land (for & in consideration of the just & full sum of twelve pounds of current mony of New England to them in hand well & truly paid at or before the ensealing & delivery hereof by the said Capt Edmond Goodenow, Leift. Josiah Haines, John Goodenow, John Brigham & Joseph Freeman in behalfe of themselvs & of the rest of the English possessors, occupiers, proprietors & fellow-purchasers) the receipt whereof they do hereby acknowledge & therwith to be fully satisfied, contented & paid & thereof and of every part & parcell thereof they do
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hereby for themselvs & their heyrs Executors Administrators & assigns clearly fully & absolutely release, acquitt exonerate & discharge them & all the English possessors, occupiers, proprietors & fellow-purchasers of the same & all & every one of their heyrs Executors, Administrators, Assigns & successors forever) Have given, granted, bargained, sold, aliened, enseossed, made over & confirmed, & by these presents, do give, grant, bargain, sell, alien, enseosse, make over, confirme & deliver all that their sd tract & parcells of lands of two miles (bee it more or less scitu- ate lying & being) altogether in one entire parcell in the sd Town of Sud- bury in the County of Middlesex aforesd & lyeth al along throughout on the westerne side of the old five miles of the sd Towne & adjoyneth thereunto (together with the farme lands of the heyrs of William Browne that lyeth within the same tract, unto the sd Capt. Edmond Goodenow, Leift Josiah Haines, John Goodenow, John Brigham & Joseph Freeman & unto all & every one of the rest of the English possessors, occupiers, proprietors & fellow-purchasers thereof as the same is limited, butted & bounded on the East by the old part of the sd Towne of Sudbury (which was the five miles at first granted to the sd Towne) & is butted & bounded northerly by the line or bounds of the Towne of Concord, Westerly by the line or bounds of the Towne of Stow & is bounded southerly & partly westerly by the lands of Mr Thomas Danforth. All the lands within said bounds of hills, vallies planes, intervalls, meadows, swamps, with all the timber, trees, woods, underwoods, grass & herbage, rocks, stones, mines, mineralls, with all rivers, rivoletts brooks, streams, springs, ponds & all manner of watercourses & whatsoever is therein & thereupon, above ground & underground, with all rights members, titles, royaltyes, liber- tyes priviledges, proprietyes, uses, proffitts & commodityes thereof & every part & parcell thereof & that is every way & in any wise thereunto belonging and appertaining. To Have, Hold, use, occupie, pos- sess enjoy to the only absolute propper use benefitt, behoofe and dis- pose of them the sd English possessors, occupiers proprietors & fellow- purchasers of the Towne of Sudbury & their heyrs executors, adminis- trators assigns & successors in a free full & perfect estate of inheritance from the day of the date hereof & so for ever. And the above named indian Grantors do also hereby covenant promise & grant to & with the above named Edmond Goodenow, Josiah Haynes, John Goodnow John Brigham & Joseph Freeman & with all the rest of the English possessors, occupiers, proprietors & fellow-purchasers of the said two miles of land (bee it more or less) as above bounded that at the ensealing & delivery hereof, they are the only & absolute Indian proprietors of the premises & that they (& none else) have just and full power in themselvs the same thus to sell, convey confirme make over & deliver & they do hereby engage & bind themselvs & their heyrs executors administrators & assigns from time to time & at all times hereafter fully & sufficiently to secure save harmless & forever defend the hereby granted & bargained two miles of land (as is above bounded bee it more or less) with all the rights, members & appurtenances there unto belonging, against all man-
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ner & singular other titles troubles charges demands & incumbrances that may be made or raysed by any person or persons (especially Indian or Indians) else whatsoever lawfully having or claiming any right, title or intrest in or to the premises or to any part or parcell thereof to the trou- ble vexation charges interruption or ejection of the abovesd English pos- sessors, occupiers, proprietors or fellow-purchasers of the same or any one of them, they or any one of their heyrs executors administrators or assigns in his or their quiet and peaceable possession free & full use enjoyment or dispose thereof or any part or parcell thereof forever. Furthermore wee the , above named Indian Grantors do hereby oblige & engage ourselvs all and every one of our heyrs executors Admrs assigns & successors unto the sd English possessors occupiers & proprietors & fellow-purchasers & to all and every one of their heyrs executors administraters and assigns that wee and every one of us & ours as aforesd shall & will from time to time & at all times readily & effectually do (at our own propper costs & charges) or cause to be so done any other or further act or acts thing or things that the law doth or may require for more sure making & full confirming of all & singu- lar the hereby granted premises unto the sd Edmond Goodenow, Josiah Haines, John Goodenow, John Brigham & Joseph Freeman & unto all & every one of the rest of the English possessors, occupiers proprietors and fellow-purchasers of the premises & unto all & every one of their heyrs executors administrators and assigns for ever. In Witness whereof the above named Indian Grantors have hereunto each for them- selvs & altogether sett their hands and seals, dated the 11th day of July in the year of our Lord God one thousand six hundred eighty & four. Annoqe Regni Regis Caroli Secundi XXXVI.
JEHOJAKIM his mark X for himselfe & by order of & for John Boman & seale. 0 JOHN MAGOS for himselfe & by order of & for Jacob Magos his father & seale.
MUSKQUA JOHN & for his two daughters Rachel & Esther & seale. C JOHN SPEEN his marke | & for & by order of Sarah his wife & seale.
ABIGAIL Daughter of Josiah Harding and his sole heyr ( == her marke & seale. 0
SARAH C her marke who is the widdow of Josiah Harding & mother of sª Abigail & her Guardian.
PETER MUSKQUAMOG + his mark & seale. BENJAMEN BOHEW his R marke & seale. DORITHY WENNETO her O marke & seale. MARY NEPAMUN he Q marke & seale.
BETTY her ) marke & seale
PETER JETHRO & a seale
JOHN M BOMAN his marke & seale JAMES SPEEN & seale
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HISTORY OF SUDBURY.
Cambe 15 Octob 1684 All the persons that have signed & sealed this instrument appeared before me this day & year above written & freely acknowledged this writing to be their act & deed
DANIEL GOOKIN Sen' Assist.
Endorsement - All the Grantors of the instrument within written beginning with Jehojakim & ending with Peter Muskquamog did sign seale & deliver sd instrument in presence of us.
JOHN GREENE - JAMES BERNARD -
Moreover wee underwritten did see Benjamen Bohew Dorothy Wan- neto & Mary & Betty Nepamun signe seale & deliver this instrument the 15th day of Octob 1684.
ANDREW PITTAMEE This marke JAMES RUMNY marke SAMUEL GOFF, JAMES BARNARD DANIEL SACOWAMBATT
Febr 1, 1684 Memorandum - Wee whose names are underwritten did see Peter Jethro signe & seale & deliver ye within written instrument JAMES BARNARD - STEPHEN M GATES his marke
Peter Jethro, Indian, appeared before me the fifth day of February - 1684 & freely acknowledged this writing within to be his act & deed & ythe put his hand & seale thereunto. DANIEL GOOKIN Sen" Affift
John Boman did signe seale & deliver the within written deed the 23: of February in the year our Lord one thousand six hundred eighty & four in presence of us
JOHN BALCOM -- + SAMUEL FREEMAN his marke.
James Speen & John Bowman appeared before me in court at Natick & acknowledged they have signed & sealed this instrument among others May 13th 1684. JAMES GOOKIN Sen" Affist
Roxbury April 16. 85.
Charles Josias, Sachem of the Massachusetts, having read & consid- ered the within written deed with the consent of his Guardians & Coun- cellors underwritten doth for himself & his heyrs allow of, ratify & confirm the within written sale to the Inhabitants of Sudbury & their heyrs for ever, the lands therein bargained & sold. To have & to hold to the s'd Inhabitants of Sudbury their heyrs and assigns for ever & hath hereunto set his hand & seale the day above written.
CHARLS A JOSIAS his marke & Seale
Allowed by us
WILLIAM STOUGHTON Guardians to
JOSEPH DUDLEY Je Sachem ROBERT 8 MONTAGUE WILLIAM W. AHOWTON
Recorded 19. 3. 1685 by THO. DANFORTH Recorder.
A true copy of record Book 9 Pages 344 to 352 inclusive Attest CHAS B STEVENS Reg.
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HISTORY OF SUDBURY.
The above deed was not received until years after the grant was made by the Court, and the lands divided up and apportioned to the inhabitants. The records do not state what occasioned the long delay, but, as was the case else- where, perhaps the papers were not passed until, in process of time, the settlers questioned whether the claim to the ter- ritory was valid until purchased of the Indian proprietors. A similar instance occurred at Groton, where the deed came long after the lands were occupied. The grant was allowed by the Court as early as 1655, but no title was obtained from the natives till about 1683 or 1684.
From lands thus allowed, the Plantation of Sudbury was formed. It required, however, more than the allowance and laying out of the land and the settlement of it to make it a town. A separate act of incorporation was necessary to com- plete the work. This was done September 4, 1639, when the Court ordered that " the newe Plantation by Concord shall be called Sudbury." (Colony Records, Vol. I., p. 271. )
By the granting of the name, the act of incorporation is supposed to have been made complete. It was a short process for an act so great, yet such was the manner of the Court. Says Mr. Sewall, in the history of Woburn, of the incorpo- ration of that place, "The act of Court for this purpose is contained in these five words : 'Charlestown Village is called Wooborne.'" The Court action in this matter was dated Sept. 4, 1639 ; but it does not follow that this specific day of the month was the exact date of incorporation, as sometimes the date of the beginning of the Court session was given, instead of the date of the particular day when the transac- tion took place. As, for example, we find the permit for a division of land to be of the same date as that on which Sudbury was named.
The name ordered by the Court is that of an old English town in the county of Suffolk, from which some of the town's settlers are supposed to have come, or with which they may have had an acquaintance. It is situated near the parish of Bury St. Edmunds, at or near which place it is supposed the Browns may have dwelt. (See chap. Biographical Sketches.) It is not improbable that the name was given by Rev. Edmund
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HISTORY OF SUDBURY.
Brown, the first minister of Sudbury, who sold lands in the district of Lanham to Thomas Read, his nephew, and it is supposed may have also named that locality from Lavenham, Eng., a place between Sudbury and Bury St. Edmunds. (See sketch of Thomas Read. ) The place, though spelled Laven- ham, is pronounced Lannam in England (Waters). The proximity of Sudbury and Lavenham, Eng., to what was probably the original home of Mr. Brown, 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. Edmund Brown named both Sudbury and Lanham. It is appropriate, then, to give a sketch of this old English town, and we present the following from Lewis's Topographical Dictionary of England :-
"Sudbury is a borough and market town, having separate jurisdiction locally in the hundred of Babergh, County of Suffolk, 22 miles (why s) from Ipswich, and 50 (N. E. by N.) from London, containing, according to the last census, 3950 inhabitants, which number has since increased to nearly 5000. This place, which was originally called South Burgh, is of great antiquity, and at the period of the compilation of Domesday-book was of considerable importance, having a market and a mint. A colony of the Flemings, who were introduced into this country by Edward III. for the purpose of establishing the manufacture of woollen cloth, settled here, and that branch of trade continued to flourish for some time, but at length fell to decay. The town is situated on the river Stour, which is crossed by a bridge leading into Essex. For some years after its loss of the woollen trade it possessed few attractions, the houses belonging principally to decayed manufacturers, and the streets being very dirty ; it has however within the last few years been greatly improved, having been paved and lighted in 1825, under an act obtained for the purpose, and some good houses built. The town hall recently erected by the corporation, in the Grecian style of architecture, is a great ornament to the town, in which is also a neat theatre. The trade principally consists in the manu- facture of silk crape, and buntings used for ships' flags ; that
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