USA > Massachusetts > Middlesex County > Sudbury > The history of Sudbury, Massachusetts, 1638-1889 > Part 9
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 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54
Something was needed to meet an independent and extem-
83
84
HISTORY OF SUDBURY.
porized order of things; and the result was a New England town-meeting, which is unlike any other political assembly. In the principle of its operation it is similar and modelled after the New England Congregational Church meeting. The same general freeness and equality to an extent pre- vailed, and by these meetings each town became like a little republic. Whatever offices were needed were made, and the men selected to fill them had a fitness based on personal merit. There were no credentials for position that came from a titled authority, or from ancient hereditary right based on manorial acquisition or influence. Before planta- tions became incorporated towns, and while undivided lands still remained which were held by proprietary or collective right, there were certain privileges possessed by these pro- prietors or land companies, which related to their real estate, such as the right to dispose of and improve their lands, or to enjoy exclusive privileges that were based upon them. But when all the lands were divided and sold, the proprietary dissolved, and left the community purely repub- lican, in which each public meeting was an open town- meeting, whether it pertained to matters of church or state. Thus the New England town-meeting was original, and its principles of operation were in harmony with the character and purposes of the men who had fled from ecclesiastical and civil restraint.
As might be expected, the General Court, which was more or less dependent on the action of town-meetings, was in gen- eral harmony with them ; and, in its definition of the power of towns, gave them the elements of democratic government. In 1635 it was " Ordered, that the freemen of any town, or the major part of them, shall only have power to dispose of their own lands and woods, with all the privileges and appur- tenances of said towns, to grant lots and make such orders as may concern the well ordering of their own towns, not repugnant to the orders of the General Court." They were authorized to impose fines, not exceeding twenty shillings, and " to choose their own particular officers, as constables, surveyors for highways and the like." (Colony Records, Vol. I., p. 72.)
85
HISTORY OF SUDBURY.
There were some restrictions that related to citizenship in those days that have since been removed. At one period only "freemen " could participate in the shaping of public affairs. A "freeman " was a person who, by act of the Gen- eral Court, was admitted to the rights and privileges that correspond to those now pertaining to American citizenship. In early times people did not attain to political privileges, as now, by passing from minority and paying a town tax ; but to attain to full citizenship, with eligibility to office, as late as 1631, it was necessary to be a member of a church within the jurisdiction of the Massachusetts Bay Colony. Later, in 1662, the law was so changed that an Englishman, on pre- senting a certificate of good character, and upon giving evi- dence of orthodox belief, together with a certificate from a town selectman that the party was a freeholder and ratable to the county on a single rate to the amount of ten shillings, might apply to the General Court for admission as freeman. If accepted by the Court, it was on condition that the appli- cant take what was termed the "freeman's oath," which is as follows : -
"I, A. B., being by God's providence an inhabitant and freeman within the jurisdiction of this commonwealth, do freely acknowledge myself to be subject to the government thereof, and therefore do swear, by the great and dreadful name of the everlasting God, that I will be true and faithful to the same, and will accordingly yield assistance and sup- port thereunto with my person and estate, as in equity I am bound, and also truly endeavor to maintain and preserve all the liberties and privileges thereof, submitting myself to the wholesome laws and orders made and established by the same; and, further, that I will not plot nor practise any evil against it, nor consent to any that shall do so, but will timely discover and reveal the same to lawful authority now here established, for the speedy prevention thereof ; more- over, I do solemnly bind myself, in the sight of God, that when I shall be called to give my voice touching any such matter of this state wherein freemen are to deal, I will give my vote and suffrage, as I shall judge in my conscience, may best conduce and tend to the public weal of the body, with-
86
HISTORY OF SUDBURY.
out respect of persons, or favor of any man. So help me God, in the Lord Jesus Christ."
After being thus qualified by the vote of the Court, and by taking the above oath, the freeman was allowed to vote in the elections in the following manner and under the fol- lowing penalty: "It is ordered by this Court, and by the authority thereof, that for the yearly choosing of assistants, the freemen shall use Indian corn and beans - the Indian corn to manifest election, the beans the contrary; and if any freeman shall put in more than one Indian corn or bean, for the choice or refusal of any public officer, he shall forfeit for every such offence ten pounds; and that any man that is not a freeman, or hath not liberty of voting, putting in any vote, shall forfeit the like sum of ten pounds."
But, though corn and beans were sufficient to elect an assistant, for governor, deputy - governor, major - general, treasurer, secretary, and commissioners of the united colo- nies, it was required that the freemen should make use of written ballots.
The freemen at first were all required to appear before the General Court to give their votes for assistants ; but it was found inconvenient, and even dangerous, for all of them to assemble in one place, leaving their homes unprotected, and hence it was ordered, "That it shall be free and lawful for all freemen to send their votes for elections by proxy, in the next General Court in May, and so for hereafter, which shall be done in this manner : The deputy which shall be chosen shall cause the freemen of the town to be established, and then take such freemen's votes, as please to send them by proxy, for any magistrate, and seal them up severally, sub- scribing the magistrates name on the back side, and to bring them to the Court, sealed, with an open roll of the names of the freemen that so send them."
Until as late as the nineteenth century, the town-meetings were held in the meeting-house. After the meeting-house was built sometimes they were held in a private house or at the "ordinary." As for example, Jan. 10, 1685, and again Feb. 18, 1686, there was an adjournment of town-meeting to the house of Mr. Walker, " by reason of the extremity of the
87
HISTORY OF SUDBURY.
cold." In 1764 the town adjourned one of its meetings to the house of " William Rice, innholder." In 1782, "adjourned town-meeting to the house of Mr. Aaron Johnson, innholder in sd town." After the division of the town into the east and west precincts, the town-meetings alternated from the east to the west side.
In 1682-3 the time of meeting was changed from February to October, the day of the week to be Monday. The reason of this change may be found in the fact that it was difficult at some seasons to make a journey to the east side meeting- house ; the passage of the causeway was occasionally rough, and town action might be thereby delayed or obstructed. The meeting was for a period warned by the board of select- men. At the date of the change just mentioned, it " was voted and ordered, that henceforth the selectmen every year for the time being shall appoint and seasonably warn the town-meeting ; " but afterwards this became the work of the constables. In the warning of town-meetings at one period, the " Old Lancaster Road " was made use of as a partial line of division. A part of the constables were to warn the peo- ple on the north side of the road, and part those who lived south of it.
The town-meeting was opened by prayer. There is a record of this about 1654, and presumably it was prac- tised from the very first. At an early date voting was sometimes done by " dividing the house," each party with- drawing to different sides of the room. An example of this is as follows : In 1654, at a public town-meeting, after " the pastor by the desire of the town had sought the Lord for his blessing in the actings of the day, this following vote was made, You that judge the act of the selectmen in sizing the Commons to be a righteous act, discover it by drawing yourselves together in the one end of the meeting-house." After that was done, "It was then desired that those who are of a contrary mind would discover it by drawing them- selves together in the other end of the meeting-house."
In what was done at these meetings, marked respect was usually had for order and law. We find records of protest or dissent when things were done in an irregular way, as for
88
HISTORY OF SUDBURY.
instance, in 1676, we have the following record : "We do hereby enter our Decent against the illegal proceeding of the inhabitants of the town : : : for the said proceedings have Ben Directly Contrary to law. First, That the Town Clerk did not Solemnly read the Laws against Intemperance and Immorality as the Laws Require." Mention is also made of other irregularities, and the whole is followed by a list of names of prominent persons.
The town officers were mostly similar to those elected at the present time. At a meeting of the town in 1682-3, it was ordered that the town-meeting "shall be for the electing of Selectmen, Commissioners, and Town Clerk." Names of officers not mentioned here were "Constables, Invoice Takers, Highway Surveyors, and Town Marshal." About 1648 the persons chosen to conduct the affairs of the town were first called selectmen. The number of these officers varied at different times. In 1646 there were seventeen selectmen.
The service expected of the selectmen, beside being cus- todians at large of the public good, and acting as the town's prudential committee, were, before the appointment of tything-men (which occurred first in Sudbury, Jan. 18, 1679), expected to look after the morals of the community. This is indicated by the following order: At a meeting of the inhabitants, Jan. 18, 1679, " It is ordered, that the select- men shall visit the families of the town, and speedily inspect the same, but especially to examine children and servants about their improvement in reading and the catechism. Captain Goodnow and Lieutenant Haines to inspect all families at Lanham and Nobscot and all others about there and in their way, . . . and these are to return an account of that matter at the next meeting of the selectmen, appointed to be on the 30th of this instant January." We infer from certain records that the selectmen's orders were to be audi- bly and deliberately read, that the people might take notice and observe them.
The officials known as " highway surveyors " had charge of repairs on town roads. This term was early applied, and
89
HISTORY OF SUDBURY.
has continued in use until now. As early in the records as 1639, Peter Noyes and John Parmenter are mentioned as surveyors.
The business of town clerk, or " clark," first held in Sud- bury by Hugh Griffin, is shown by the following extracts from the town book : "He is to take charge of the records and discharge the duties of a faithful scribe." "To attend town-meeting, to write town orders for one year, . . . for which he was to have ten shillings for his labor." In 1643 he was "to take record of all births and marriages and [deaths], and return them to the recorder." " It is also agreed that the rate of eight pound 9 shillings [be] levied upon mens estate for the payment of the town debt due at the present, and to buy a constable's staff, to mend the stocks, and to buy a marking iron for the town, and it shall be forthwith gathered by Hugh Griffin, who is appointed by the town to receive rates, and to pay the town's debt." (Town Book, p. 75.) Feb. 19, 1650, Hugh Griffin " was released from the service of the town." The work that he had performed was "to attend town-meetings, to write town orders, to compare town rates, to gather them in, and pay them according to the towns appointment, and to sweep the meeting-house, for which he is to have fifty shillings for his wages."
Other officers were "commissioners of rates," or "invoice- takers." These corresponded perhaps to " assessors," which term we find used in the town book as early as the beginning of the eighteenth century. The office of marshal was the same as that of constable. There is the statement on page 34 " that there shall be a rate gathered of ten pounds for the finishing of the meeting-house, to be raised upon meadows and improved land, and all manner of cattle above a quarter old to be prized as they were formerly prized, the invoice to be taken by the marshall."
At an early period persons were appointed for the special purpose of hearing "small causes." In 1655 " Lietenant Goodnow, Thomas Noyes, and Sergeant Groute were chosen commissioners to hear, issue, and end small causes in Sud-
90
HISTORY OF SUDBURY.
bury, according to law, not exceeding forty shillings." In 1648 Peter Noyes was " to see people ioyne in marriage in Sudbury." (Colonial Records, p. 97.)
In the early times towns could send deputies to the Gen- eral Court according to the number of their inhabitants. Those that had ten freemen and under twenty, could send one ; those having between twenty and forty, not over two. (Palfrey's History.)
We infer that if a person was elected to any town office he was expected to serve. It is stated in the records of 1730 that David Rice was chosen constable, and " being called up [by] the moderator for to declare his exception, or non- exception, upon which David Rice refused for to serve as constable, and paid down five pounds money to sd town, and so was discharged."
Having considered the nature of the town-meeting, the place where works of a public nature were discussed and decided upon, we will now notice some of the works them- selves. First, Highways, the Causeway and Bridge.
HIGHWAYS.
In providing means for easy and rapid transit, it was impor- tant for the town to make haste. Indian trails and the paths of wild animals would not long suffice for their practical needs. Hay was to be drawn from the meadows, and for this a road was to be made. Another was to be made to Concord, and paths were to be opened to the outlying lands. The first highway work was done on the principal street, which was doubtless at first but a mere wood path or trail. An early rule for this labor, as it is recorded on the Town Records, Feb. 20, 1639, is as follows : "Ordered by the commissioners of the town, that every inhabitant shall come forth to the mending of the highway upon a summons by the surveyors." In case of failure, five shillings were to be forfeited for every default. The amount of labor required was as follows : -
" 1st. The poorest man shall work one day.
" 2nd. For every six acres of meadow land a man hath he shall work one day.
91
HISTORY OF SUDBURY.
"3d. Every man who shall neglect to make all fences appertaining to his fields by the 24th of April shall forfeit five shillings (Nov. 19th, 1639)."
Highways and cart-paths were laid out on both sides of the meadows at an early date. The town records make men- tion of a highway "from below the upland of the meadow from the house-lot of Walter Haynes to the meadow of John Goodnow, which shall be four rods wide where it is not previously bounded already, and from the meadow of John Goodnow to the end of the town bound." Also of a high- way on the west side of the river, " between the upland and the meadow six rods wide from one end of the meadow to the other." These roads, we conjecture, have not entirely disappeared. On either side the meadow margin a hay-road, or "right of way," still exists. It is probable that the town way called " Water Row " may have been a part of those early roads ; also, that by the margin of Sand Hill, as it ex- tends southwesterly towards West Brook, and that by the Baldwin place, that starts north of the bridge. An impor- tant road laid out in 1648 was that from Watertown to the Dunster Farm, or the "Old Connecticut Path." (See Chapter I.) The record states, " Edmund Rice and Edmd Goodenow, John Bent and John Grout, are appointed to lay out a way from Watertown bound to the Dunster Farm." Another important road laid out in the first decade was that which went to Concord. In 1648 " Edmond Goode- now is desired to treat with Concord men, and to agree with them about the laying out of the way between Concord and Sudbury." The term " laying out," as it was employed at that period, might not always imply the opening of a new path, but perhaps the acceptance or formal recognition of an old one, which hitherto had been only a bridle-way or mere forest foot-trail, that had been used as the most available track to a town, hamlet, or homestead. Tradition informs us that at an early date a way from "The Island " to the east side settlement was by a fording-place, which was by the present " Bridle-Point Bridge ; " and that there was a road from " The Island " to Lanham, which passed Heard's Pond
92
HISTORY OF SUDBURY.
on the north, to the right of the present highway, or between that and the meadow margin. By this way hay could be drawn from the meadow on the south of West Brook, and the Lanham settlers could pass by it to the Cakebread Mill and to the home of their minister on Timber Neck.
BRIDGES.
In the work of bridge building Sudbury has had fully its share from the first. Its original territory being divided by a wide, circuitous stream, which was subject to spring and fall floods, it was a matter of no small importance to the set- tlers to have a safe crossing. Ford-ways, on a river like this, were uncertain means of transit. Without a bridge the east and west side inhabitants might be separated sometimes for weeks, and travelers to the frontier beyond would be much hindered on their way. All this the people well knew, and they were early astir to the work. Two bridges are men- tioned in the town book as early as 1641. The record of one is as follows: "It was ordered from the beginning of the plantation, that there should be two rods wide left in the meadow from the bridge at Munning's Point to the hard upland at the head of Edmund Rice's meadow." The other record is of the same date, and states that there was to be a road " between the river meadow and the house- lot from the bridge at John Blandford's to Bridle Point." The bridge referred to in the former of these records may have been the "Old Indian Bridge," which is repeatedly mentioned in the town book. From statements on the records we conclude it crossed the lower part of Lanliam Brook - sometimes also called West Brook - at a point between Sand Hill and Heard's Pond. This bridge was probably found there by the settlers, and may have been nothing more than a fallen tree where but one person could pass at a time. It doubtless was of little use to the settlers, and may only have served them as a landmark or to desig- nate a fording-place where at low water a person could pass. The bridge referred to in the latter record was probably the first one built by the English in Sudbury. It was doubtless situated at the locality since occupied by successive bridges,
93
HISTORY OF SUDBURY.
cach of which was known as the " Old Town Bridge." The present one is called the Russell Bridge, after the name of the builder. The location is in Wayland at the east end of the old causeway, near the house of Mr. William Baldwin. The first bridge at this place was probably a simple contriv- ance for foot-passengers only, and one which would cause little loss if swept away by a flood. The reason why this spot was selected as a crossing, may be indicated by the lay of the land and the course of the river; at this point the stream winds so near the bank of the hard upland, that a causeway on the eastern side is unnecessary. These natural features doubtless led to the construction of the bridge at that particular spot, and the location of the bridge deter- mined the course of the road. About the time of the erec- tion of the first bridge a ferry is spoken of. In 1642 Thomas Noyes was "appointed to keep a ferry for one year, for which he was to have two pence for every single passenger and if there be more to take two apiece." This ferry may have been used only at times when high water rendered the bridge or meadow impassable. As in the price fixed for transportation only "passengers " are mentioned, we infer that both the bridge and ferry were for foot-passengers alone. But a mere foot-path could not long suffice for the settlement. The west side was too important to remain isolated for want of a cart-bridge. About this time it was ordered by the town, "That Mr. Noyes, Mr. Pendleton, Walter Haynes, John Parmenter, Jr., and Thomas King shall have power to view the river at Thomas King's, and to agree with workmen to build a cart-bridge over the river according as they shall see just occasion." The following contract was soon made with Ambrose Leach : -
"BRIDGE CONTRACT 1643.
" It is agreed betweene the inhabitants of the towne of sudbury and Ambrose Leech, That the towne will give unto the said Ambrose 6 acres in Mr Pendleton's 2nd Addition of meadow wch shall run on the north side of his meadow lyinge on the west side of the river & shall run from the river to the upland. Allsoe foure acres of meadowe more wch shall
94
HISTORY OF SUDBURY.
be wth convenient as may be. Allsoe twenty acres of upland lyinge on the west side of the river on the north side of the lande of Walter Haynes if he approve of it else so much upland where it may be convenient. For and in considera- tion whereof the said Ambrose doth propose to build a suffi- cient cart bridge over the river three feet above high water mark twelve foot wyde from the one side of the river to the other provided that the towne doe fell and cross cutt the tim- ber and saw all the plank and carry it all to place and when it is ready framed the towne doth promise to help him raise it so that he and one man be at the charge of the sayd Am- brose and he dothi promise to acomplish the work by the last day of Aug. next. - Allsoe the towne doth admitt of him as a townsman wth right to comonage and upland as more shall be laid out and allsoe ten acres of meadowe to be layed out which other meadowe is in first addition of meadowe.
" AMBROSE LEECH BRIAN PENDLETON " WALTER HAYNES."
This contract is on the original town book without date. On the preceding page is a record dated 1642, and beyond is one dated 1641, which plainly shows either that events were not recorded chronologically, or that the leaves were not placed in their original order when the book was rebound in 1840. It may then be safe to conjecture that the date of this contract was 1642 or 1643. That Mr. Leach carried out his agreement in good faith, is indicated by the privileges that were afterwards accorded to him. Repeatedly, on the Pro- prietors' book, in the record of their meetings held in after years, are the names of Ambrose Leach and Thomas Cake- bread included in the list of the early grantees, upon whose original rights the Proprietors based their titles to the com- mon lands. No other names are in the list except those of the early or original grantees ; and the presumption is, that they were included on account of some service performed for the town : one perhaps for building a bridge, and the other for building a mill. The next contract for building a bridge was with Timothy Hawkins of Watertown, and is as fol- lows : -
95
HISTORY OF SUDBURY.
" The 26th day of November, 16 **.
"Agreed between the Inhabitants of Sudbury on the one part, and Timothy Hawkins of Watertown on the other part that the said Timothy shall build a sufficient cart bridge over the river, beginning at the west side of the river running across the river, five rods long and twelve feet wide, one foot above high water mark, the arches to be . foot wide, all but the middle arch which is to be 14 feet wide, the silts - inches square 26 feet long, the posts 16 inches square the cups -- and 16, the braces 8 inches square, the bridge must have a rail on each side, and the rails must be braced at every post, the plank must be two inches thick sawn, there must be 5 braces for the plank, - the bridge the bearers 12 inches square, the bridge is by him to be ready to raise by the last day of May next. For which work the Inhabitants do consent to pay unto the said Timothy for his work so done, the sum of 13 pounds to be paid in corn and cattle, the corn at the general price of the country, and the cattle at the price as two men shall judge them worth.
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.