USA > Massachusetts > Middlesex County > Woburn > The history of Woburn, Middlesex County, Mass. from the grant of its territory to Charlestown, in 1640, to the year 1680 > Part 25
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59 Town Records, Vol. VI., p. 246. 60 See Appendix, VIII.
61 Town Records, Vol. VI., p. 276.
a Mr. Walker's certificate was written and signed by him ou a separate piece of paper. The following is a copy of it : -
" Woburne June ye 13th. 1726 at a Town meeting. Whereas ye subscriber entered a Complaint, whereby I obtained a Mandamus against Eliezer Flegg Esqr and ye other Selectmen and Town Cleark of ye said Town in ye yeare 1725, for which I do acknowledge myself fully satisfied for all Trouble and Charge, and Ingage to discharge ye sd. Selectmen & Towne Cleark of any charge that hath or shall ever arise concerning sd. Mandamus, or shall arise by me or any under me : as Witness my hand
" TIMOTHY WALKER."
240
HISTORY OF WOBURN.
And thus an end was put to the contest, which had kept the whole town in a state of turmoil and confusion almost a twelvemonth. In reviewing it by the best light we can obtain at this remote period of time, it seems a striking illustration of those words of Solomon, " The beginning of strife is as when one letteth out water." The source of this contention was in the beginning, like a shallow outlet, scarcely a hand's breadth wide, to a large pond, which may be easily stopped. By some unaccountable oversight, the Selectmen had hired two masters, both of them gentlemen of unexceptionable character, to keep the same school at the same time. Or else, for reasons now impos- sible to ascertain, they had suddenly determined to pass by Mr. Walker, whom they had engaged first, and to take Mr. Flagg in his stead. But even now that they had opened a way for a stream of contention, it seems as though a disposition to do exactly right by Mr. Walker, and a little praiseworthy conde- scension to apologize to Mr. Flagg for the disappointment they might occasion him, would have quickly rectified their error. But no. Having once taken a wrong step, the Selectmen acted as though they thought they must go on, be the consequence what it would: And now the bitter waters of Meribah began to run apace : and urged on with the harsh surmises and stinging reproaches of both parties, that which was at first an insignifi- cant rill, soon swelled into a mighty stream, bearing down all before it, and burying the peace of the town, till checked by the mound erected by the strong arm of the Law. This gave the passions of men time to cool; and now a survey of the trouble and expense in which they had involved themselves and the town, doubtless led the aggressors in this affair to regret that they had not better heeded the words of the Wise Man just cited; and better followed his counsel attached to them, "to leave off contention before it be meddled with."
b Prov. xvii. 14.
CHAPTER VIII.
Separation of Goshen (Wilmington) as a Town, and of Shawshin (Burling- ton) as a Precinct or Parish, in 1730 : Ordination of Rev. Edward Jack- son, 1729 : Ordination Dinner.
WE have now arrived at a period in the history of Woburn, when it was fast becoming a comparatively populous and wealthy town. The number of persons rated there in the Province tax of 1700 was only 187:1 but in the Province tax for 1725,2 it had increased to 305. According to a Valuation for the County of Middlesex, taken by order of the General Court in 1708, Woburn was the fourth town in the county for numbers and real estate; ranking, in both these respects, next after Charlestown, Cambridge, and Watertown; taking the pre- cedence of Concord; and leaving Medford, its present flourish- ing rival, far behind.3
But a change was now impending, by which the population of
1 Town Records, Vol. IV., pp. 170-173.
2 Towu Records, Vol. VI., pp. 248-255.
3 Town Records, Vol. V., p. 82. In the valuation here referred to, returns are made from twenty towns, including Lancaster, now in the county of Worcester. The number of polls, and the comparative estimate of "real estate " in each of the towns above named, are as follows : -
Polls.
Estate.
Charlestown
270
- £53. 7. 8.
Cambridge -
-
260
-
27. 9.9.
Watertown -
250
- 26.12.10.
Woburn
225
- 22. 8. 3.
Concord -
223
- 16.19. 5.
Medford -
46
-
4.11. 7.
The commissioners, however, to whom these returns were submitted, thought fit, upon examination, to abate from the estimate of " real estate" -- In Charlestown - £8.0.0.
In Cambridge
- 1.0.0.
And to add to that of " real estate " in Watertown
- 2.0.0.
66
66
in Concord -
- 4.0.0.
21
242
HISTORY OF WOBURN.
the town was very considerably diminished, and its prosperity for a while, seriously checked. The change alluded to, was the erection of Goshen, or the northerly quarter of Woburn, into a distinct town; and of Shawshin, or the northwesterly quarter, into a precinct or parish. This alteration did not originate in any disaffection to Rev. Mr. Fox: for at the very time it was in contemplation, or in being made, the people were giving him almost every year fresh tokens of their favor and respect by voluntary additions to his salary, and by generous provision for the supply of his pulpit, when he was taken off by sickness from preaching himself.4 But it grew out of the inconvenience to which the inhabitants of those quarters were subjected, by their remoteness from the place of public worship. There can be no question, that when the second meeting-house in Woburn was built on the hill in 1672, its situation was central, or nearly so, to the great mass of the population. But, since that time, new settlements had been continually making at the north and north- west. . And hence the distances of the people in the several quarters of the town from the meeting-house had now become very unequal. For while the inhabitants of the south village (now Winchester) were only between two and three miles from the meeting-house, the dwelling-house of Sergeant Abraham Jaquith, in Goshen, was quite seven miles off; and the Wymans' farms in Shawshin, on the borders of Billerica, not less than five miles.
These were long distances for the inhabitants of those quarters of the town to travel on Sabbath morning, especially in midwinter, when their narrow roads were apt to be blocked up with snow, and next to impassable. But such was the zeal in those days for attendance on public worship and the ordinances of God's house, that, notwithstanding these inconveniences, the people in those parts of the town would go to meeting, and be there punctually too, at the appointed hour. Authentic tradition
4 One such addition, among others that might be named, is the follow- ing : At March meeting, 1727-8, voted, " that the Reyd Mr John Fox should have fourty pounds added to his sallery this present year; so as to make his sallery six score pounds this year." - Town Records, Vol. VI., p. 335.
243
HISTORY OF WOBURN.
relates, that the inhabitants of the remotest corner of Goshen, near Billerica line, would often travel to meeting in winter on snow-shoes; and that one of them, Deacon James Thompson, would always be there by 8 o'clock in the morning, (in summer, it is presumed) which was an hour at least before the public ser- vices commenced. But, though the people of both the most distant quarters of the town attended meeting on the Sabbath from choice, notwithstanding the inconveniences above alluded to, rather than stay away, yet they accounted their subjection to these difficulties by reason of their location, as a great hardship, because they viewed it as unnecessary, and therefore unjust; and, after bearing it patiently for years, they at length decided to seek relief from it in a legal way.
The first step taken apparently for this end was a petition to the town from both " the Northwardly branches" thereof, which was read at a town meeting called for the purpose, January 19, 1724-5.5 The subject of this petition is not stated in the Records : the consideration of it, when read, was deferred till the annual meeting in May; and then it was answered in the nega- tive, as follows : " Voated that they would not grant the Petition that was offered to the Town by the two Northwardly Branches of said Town, as it is set forth in said Petition."6 But though the petitioners were defeated in this their first effort, they were not discouraged from pursuing the object they had in view. After waiting a twelvemonth, they united in another joint petition to the town. But the Selectmen refusing to call a meeting to consider it, they applied to Oliver Whiting, Esq., of Billerica, a justice of the peace for Middlesex county, who granted them a warrant for a town meeting at Woburn, to be held February 10, 1725-6. At that meeting, " the Question being put, Whether the Town would proceed at present . ? it was past in the nega- tive": and further, it was then voted, " that the Town would consider of the premises contained in Justice Whiting's Warrant at March Meeting next." 7
The original drafts of the two joint petitions just mentioned,
5 Town Records, Vol. VI., p. 208.
6 Town Records, Vol. VI., p. 218.
7 Town Records, Vol. VI., p. 261.
244
HISTORY OF WOBURN.
and the warrants calling meetings of the town to consider them, have long since been missing. And the Town Clerk, in recording the action of the town upon them, seems not to have cared that posterity should know anything respecting the subject of them. In his record of the two meetings, January 19 and May 11, 1725, at which the first of these two petitions was considered, he dropped not a word from which might be gathered what the prayer of the petitioners was. But in his record of the meeting, February 10, 1725-6, just noticed, called by Justice Whiting to consider their second petition, he was not quite so successful in shutting out the light on this matter. After writ- ing, " the Question being put, ' Whether the Town would proceed at present ?'" he inadvertently added three other important words, which, upon further reflection, he saw fit to efface, leaving only, " it was past in the negative." Fortunately, however, in drawing his pen twice across the three words referred to, he did not do the work of obliteration so effectually, as to prevent our reading distinctly beneath the erasure, " about a meeting house :" and these three words, when considered with the vote passed at March meeting, to which were adjourned the several articles of Justice Whiting's Warrant not acted upon, and with the subse- quent proceedings of the town, September 22 and October 2, 1727. let in abundance of light upon the subjects of the petitions referred to. At the meeting, March 7, 1725-6, it was voted. that sixteen pounds should be paid out of the town treasury towards the support of preaching in both the northerly parts of the town in the three shortest months of the winter, " In case' they do provide a minister to preach amongst them ; and if they have not a minister to preach amongst them, they are not to have any money out of the treasury." 8 This vote was passed, appar- ently, to silence the complaints made about the distance of the meeting-house, and to prevent, if possible, any further impor- tunity from the complainants for the grant of their obnoxious petitions, which the town had negatived at the two preced- ing meetings. Comparing, therefore, the doings of the town,
· Town Records, Vol. VI., p. 265.
245
HISTORY OF WOBURN.
February 10, and March 7, 1725-6, above recorded, with its subsequent proceedings September 22, and October 2, 1727,9 there can be but little doubt, that the prayer of the first joint petition of the two northerly parts of the town was, that the meet- ing-house built on the hill might be removed to a more central situation ; and that of the second joint petition was, that the meeting-house might be removed, as above; or otherwise, that the town would erect a new one on a site that would better accommodate the petitioners, its remote inhabitants.
In pursuance of the vote of March 7, 1725-6, the sum of eight pounds of the town's money was paid to the inhabitants of each of the remote quarters respectively, viz : to Dea. James Thomp- son, on behalf of Goshen; 10 and by Mr. Samuel Kendall, Constable and Collector, to Mr. Benjamin Johnson and others, on behalf of Shawshin, 10 to defray the expense of preaching within their respective bounds during the winter of 1726-7. The grant of the above sums by the town, to these respective portions of her population, for the purpose designated by her vote, was a virtual acknowledgment on her part, that the grievance they complained of had a real, and not an imaginary foundation. And, accordingly, it was renewed the year following to the inhabitants of Goshen, at their request, that they might provide themselves with preaching in the winter of 1727-8. 11 But there is no record of a similar grant to Shawshin for that winter. Whence it would seem, either that the town had some special reason for denying the people of that quarter the favor referred to, or else (which is more probable) that those people themselves had omitted to ask it of the town, as they of Goslien had done; being dissatisfied with it, thinking themselves entitled to some higher consideration, and having already made up their minds to seek a more effectual remedy for the disadvantages they labored under, than the temporary grant of a few pounds year by year could yield them. In accordance with these senti- ments, they presented a petition to the General Court at their
9 See onward, the doings of the town on those respective dates.
10 Town Records, Vol. VI., pp. 293, 294.
11 Town Records, Vol. VI., p. 309.
21*
1
246
HISTORY OF WOBURN.
session, in August 1727, the substance of which is stated in the following extract from the Court Records :
" At a Great and General Court or Assembly, begun upon Wednesday May 31. 1727, and continued by adjournment to Wednesday August 16th 1727, and then met.
" Thursday Ang. 24. 1727.
" A Petition of the Inhabitants of the North Westerly Part of the Town of Woburn, Shewing, that the Meeting House for the publick Worship of God in the said Town is situated so as to be very far from the Center of the said Township, and by the increase of the Inhabitants the House is too small to receive them with con- venience : And forasmuch as the Petitioners are put to great difficulties & inconveniences by reason of their remoteness, espe- cially in the Winter Season, and in stormy Weather ; And there- fore Praying that either the Meeting House may be removed to the Center of the Town, or that the Petitioners may be set off a dis- tinct Township or Precinct, and that a Committee of this Court may be appointed to view that Part of the Town ; and that they may be set off, as follows : viz. To be bounded Westerly two miles & an half on Lexington Line ; on Billerica Line four miles ; to run from the Lines of Lexington & Billerica into the Town of Woburn four miles in Length: The Committee to make their Report to this Court thereon.
"In the House of Representatives Read, and Voted that the Petitioners forthwith serve the Town of Woburn with a Copy of this Petition, that so they shew forth their Reasons, if any they have, why the Prayer thereof should not be granted.
" In Council, Read & Concur'd.
" Consented to, Wm. Dummer." 12
Aroused by these proceedings of Shawshin, and by the order of Court in relation to them, the town held a meeting Sep- tember 22, 1727, at which, after choosing Mr. Joseph Wright, Moderator, they passed the following votes :
" First, that they would choose a committee to agree with a surveyor and two chainmen, to measure the township of Woburn all round, and to find out the centre of the town.
12 Records of Court, Vol. XIII. ? p. 415.
247
HISTORY OF WOBURN.
" 2dly. Voted that the Selectmen of Woburn were chosen a Committee by themselves, or men whom they should appoint to be a Committee, to agree with a surveyor and two chain- men : which surveyor and chainmen should be upon oath to measure the town of Woburn all round, and find out the centre of the town, and to give a plan of the same; and that the sur- veyor and chainmen should measure that piece of land petitioned for to be a Township by the Northwesterly part of the Town, and to give a plan of the same also." 13
They then, for the sake, no doubt, of receiving the surveyor's return before they proceeded to further action, adjourned the meeting with "the subject matter contained in the warrant for the calling of" [it] to October 2.
The gentleman employed by the Committee, as above directed, was Capt. Joseph Burnap, a noted surveyor of Reading, who, with two chainmen of his providing, went to work, measured the town, and made out a plan of it, for which service he was afterwards duly paid.14 How soon his plan was completed, and where, according to it, the centre of the town was found to be, the Records do not state. Apparently, however, he began his work immediately, and finished in season to communicate the result of his labors to the town at their adjourned meeting, October 2, when they passed the following votes.
1. " First, Voted that they were not for having the meeting house removed from the place where it now stands.
" 2ly. Voted that they were not " for building a meeting house for the Westerly part of the Town, as they have set forth in their petition."
" 3ly. Voted that the Town was not willing that the land petitioned for in the Westerly part of the Town should be a separate Township.
" 4ly. Voted that they would choose a Committee to give in answer to the Great and General Court, why the prayer of the petition [i. c. of Shawshin] ' should not be granted.'
" 5ly. Voted, that they would choose three men to be the
13 Town Records, Vol. VI., p 311.
248
HISTORY OF WOBURN.
Committee to goe to the Great and General Court to make answer to the above said petition.
" Gly. The men voted and chosen are Mr Caleb Blogget, John Fowle, Mr Joseph Wright." 14
From the decisive tone and character of these votes, the matter in controversy between Woburn and its Northwesterly district seemed to be now in a fair way of being speedily deter- mined. But in this expectation, both parties were disappointed. For it so happened, that in copying the Order of Court, issued in consequence of the Petition of Shawshin, above referred to, the day appointed by the Court of Woburn, to appear before them, and assign its reasons against granting the prayer of that petition, was, by some oversight, omitted. Of course, the Com- mittee, chosen to make answer to the Court, on behalf of the town, not being duly notified of the time set for their appearance there, accounted themselves discharged from the duty of their appointment, and the petition of Shawshin for that time fell through.
Before another petition could be presented, and another Order of Court be duly served, the town made an attempt to adjust her difficulties with her uneasy children upon her northern and northwestern bounds, upon terms of her own proposing. At a general meeting of the freeholders and other inhabitants, November 15, 1727, after the nomination of Mr. Joseph Wright as Moderator, it was voted as follows: " That the town of Woburn is willing, that the inhabitants of the North and Northwesterly part of the town, should have half the land on that side of the town set off to them either in a Precinct or a Township, Provided they will build for themselves, and maintain the publick worship of God amongst themselves, without the help of the town for time to come." 15 This sounds like a fair offer ; and with certain additional qualifications, it might have been satisfactory at the time to those inhabitants of the town, on account of whom it was made. But, expressed as it was, they regarded the vote conveying it with distrust. They could not
14 Town Records, Vol. VI., pp. 331, 333.
18 Town Records, Vol. VI., p. 310.
249
HISTORY OF WOBURN.
help observing, that, while the town took care by this vote to secure herself from all expense in ereeting a meeting-house and supporting the gospel among them, she did not propose to free them from all liability to charge, for enabling her to settle a colleague with Rev. Mr. Fox. A plan for such a settlement was now beginning to be talked of.16 And the inhabitants of the northern and northwestern quarters were jealous (and as the event proved, not without reason) that the town was disposed to hasten the measure, as a means, if speedily consummated, of embarrassing the Court about consenting to their projected separation ; and of retaining it in her power, if they should eventually be set off, to tax them their full proportion of the ordination expenses, and settlement money of the colleague. In view of these considerations, the people, both of Goshen and Shawshin, appear from the first to have listened to the above proposals of the town with dissatisfaction and neglect; and those of Shawshin, disregarding the prospect of an adjustment of difficulties which it held out, determined to embrace the earliest opportunity for renewing the application to the General Court, which it had made during its previous session in August, but which, from causes already explained, had failed of its hoped for issue. Accordingly, at the commencement of the next winter session, January, 1727-8, they addressed the Legislature, as follows :
" To the Honble. William Dummer Esq'. Lieut. Governour & Com- mander in Chief, the Honble. the Council, and Representatives for his Majesty's Province of the Massachusetts Bay in New England in Gen". Court assembled at Boston the 4th Day of January Anno Dom. 1727": (1727-8).
" The renewed Petition of the Inhabitants of the North Westerly part of the Town of Woburn within the County of Middlesex Humbly sheweth :
" That whereas your Petitioners at the session of the Gen1.
16 At town meeting, April 4, 1728, " Voted, that it was high time to be in a way to settle another minister among us.
"Further it was voated that the town would hear three or four ministers several Sabbath days, in order to settle one to help Mr Fox." - Town Records, Vol. VI., p. 347.
250
HISTORY OF WOBURN.
Court in August last preferred their Petition, therein setting forth the Difficulties they labour under with respect to their attending the publick Worship of God, at the Meeting House where it now 'stands in the said Town, and praying to be relieved in such Man- ner as is therein set forth : Upon which Petition the said Court were pleased to Order that the Petitioners should serve the Town of Woburn with a Copy of said Petition, that so they shew forth their Reasons (if any they have) why the Prayer thereof should not be granted ; And the Petitioners, above Twenty Days before the sitting of the Generall Court in October last, served the Town with a Copy of the said Petition, pursuant to the Direction in the said Order : But so it happened, that in penning thereof, there was no Day fix'd for the Respondents to give in their Answer, by Means whereof the same has never to this Day been done, and your Peti- tioners are without Remedy, unless aided by your Honours :
" Wherefore your Petitioners humbly pray, that their said Peti- tion may be Revived ; and Inasmuch as they have already served the Town with a Copy thereof, as aforesaid, they may be obliged to give in their Answer in some short limited time, and in default thereof, the Petitioners may be relieved, agreeable to the Prayer of their said Petition, as to the Wisdom and Justice of this Honble. Court shall seem meet.
" And your Petitioners (as in Duty bound) shall ever pray &c. " Ebenezer Johnson
" Benjamin Johnson
" In the Name and by Order of the Rest of the Petitioners.
"In Council Jan. 4th. 1727.
" Read & Ordered that the former Petition here referred to be reviewed ; and that the Petitioners now serve the Town with a Copy of this Petition & Order, that they may give in their Answer, if they see Cause, on Thursday ye. 11th. Instant.
" Sent down for Coneurrence,
" J. WILLARD, Secry.
" In the House of Representatives, Jany. 6. 1727.
" Read & Concur'd, with yo. Amendment : viz'. Dele, on Thursday yo. Eleventh Instant, and add the second Thursday of ye. next Session.
" Sent up for Concurrence "W". DUDLEY, Spec'.
251
HISTORY OF WOBURN.
" In Council Jan . 8th. 1727.
" Read and Concur'd.
" J. WILLARD, Secry.
" Consented to :
Wm. DUMMER.
" Copy Examined
" p". J. WILLARD, Secry." 17
From the authoritative minutes on the back of the attested copy of the above cited petition, it will be perceived that both branches of the Legislature agreed to revive the petition, which had been presented to the Court at their session in August preceding, agreeably to the request of the petitioners. But their deferring of the time set by the Council, at which Woburn was required to respond to this revived petition, from January 11, 1727-8, to so late a day as the second Thursday of the next session in May, seems to have proved a fatal blow to the taking of any further effective proceedings upon it.a
Discouraged and baffled by the failure of this, their second application to the Court, and yet uneasy to remain in their
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