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 7
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46 Woburn Records, Vol. 1., pp. 31, 32. Record of meeting, 27: 12mo. 1665 [Feb. 27, 1665-6]. The deelsion nt this meeting, of the question, Who were the right proprietors? was not improbably grounded on the following order of the General Court, May 30, 1660: "It is ordered, that hereafter no cottage or dwelling place shall be admitted to the privildg of commonnge for wood, timber, and herbage, or any other the priviledges that lye in common in any towne or peculiar, but such as are already in being, or hereafter shall be erected by the consent of the towne." - Colony Records, Vol. V., Part 1, p. 117.
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HISTORY OF WOBURN.
a vote was passed, " for the diuission of all the lands and timber that belong in common to the said Towne, to the Inhabytance expressed by name as priuilidged by the vote of the Towne in the diuistion of herbidg," and also to three persons (viz : George Brush, John Craggen, and Increase Winn) admitted at that meeting to be inhabitants and "propriety of commonag," and to "noe other." 46 A committee of three likewise was chosen the same day, " to consider of a way of diuistion," to be propounded to the inhabitants at a future meeting, for their approbation and concurrence. The report of this committee was submitted at a meeting of the town, Jan. 28, 1666-7, when it was voted, that the way by which the land should be divided that yet lay in common, should be " by persons and estcats, sar- uants left out; the head of the family at twenty pound esteat, wifes and children at five pounds esteat." And at another gen- eral meeting, March 28, 1667, it was voted by the major part present, " that all the land that lyeth in common, both land and timber, shall bee deuided for propriete [propriety] to the wright proprietors ; " and furthermore, a committee of five was appointed at the same meeting, viz : Francis Kendall, John Wyman, Thomas Peirce, John Brooks, and Samuel Walker, sen., who were fully empowered by the town " to laye out the Common to propriety," according to the true intent and meaning of the votes of Jan. 28, 1666-7 and of March 28, 1667; and in order to this end, " to take a List of the persons and estcats of the wright propri- etors." In pursuance of their appointment, this committee made out a Table exhibiting the names of all who had right in the com- mon land of Woburn, and their respective proportions in it, according to their several persons and estates ; by which Table, not only the present but all future divisions of the town's land were to be regulated. But this committee was not allowed to complete the whole business intrusted to them. Complaint. being made, it seems, of some of their proceedings, the General Court chose Oct. 31, 1667, a committee of their own body, viz : Capt. Daniel Gookin, Mr. Thomas Danforth and Mr. Edward Collins, to settle the difficulties which had arisen in Woburn.47
47 Colonial Records, Vol. IV., part II, pp. 354-5.
4
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HISTORY OF WOBURN.
By these gentlemen, a new committee for the town was nomi- nated, which was empowered to divide the land to be divided, to cach proprietor his just proportion, according to his interest in the common land of the town. Accordingly this new commit- tee, consisting of Capt. Edward Johnson, John Carter, Josiah Convers, John Wright and Thomas Peirce 48 did on Sept. 23, 1668, divide all the timber and wood growing or lying on the hither part of the common land in Woburn into eight grand divi- sions called eighths, each of which was subsequently to be more particularly divided among themselves by the persons expressly named as interested in it, according to the proportion to which each person was entitled in the whole of the common land of the town, and which was annexed to cach man's name respec- tively.49 In this way, the timber and wood growing or lying on various tracts of land in different quarters of the town, minutely described in the Records,50 was divided among eighty proprie- tors, including the widow of Mr. Thomas Graves, of Charles- town, one of the original undertakers for the building up of Woburn ; and as each person's proportional part of the timber and wood was confirmed by the committee " to him, his heirs and successors forever, and all hereafter growing on the same land," 49 it is presumed that the town granted the land itself in progress of time, as it was wanted for cultivation, to those who with their successors were thus made perpetual proprietors of all its future growth ; and this conjecture seems to be confirmed by the frequent occurrence, for many years, of the phrase, " where the top is already their own," or some equivalent expression in subsequent grants of land to individual persons.
At the same time, and by the same committee that made dis- tribution of the wood and timber just spoken of, division was made of two extensive cedar swamps, situated in what is now Wilmington, one called Lebanon, the other Ladder Pole Swamp. Both these swamps were first divided into eighths, as nearly equal as might be to each other in their joint contents, that is, the sum of an eighth of one swamp added to an eighth in the
" Wobnrn Records, Vol. I., p. 80. " Records, Vol. I., p. 45. 50 Records, Vol. I., pp. 45-47.
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HISTORY OF WOBURN.
other. Then one man, on behalf of all those who were named as interested in the same eighth with himself, drew by lot the place of his eighth; and then another man the place of his, etc. etc. After which, each eighth was to be particularly divided among themselves by those to whom it belonged, in proportion to their respective interests therein : the land, as well as cedar and timber, to belong to them and their heirs forever.5)
To compensate the two committees above named, employed to effect the foregoing grand division of wood, timber and land, agreeably to vote of March 28, 1667, there was granted at a general meeting Feb. 26, 1677-8, by a major vote of the pro- prietors, as follows : To the Dividing Committee, Capt. Edward Johnson, Capt. John Carter, Mr. John Wright, Dea. Josiah Convers, and Sergeant Thomas Peirce, thirty acres of make meadow or swamp, "to sattisfy the said committee, and those that they sett to worke, for all the truble and pains that they were at, in deuiding the common lands into proprieties." To the pro- portioning committee, John Wyman, Francis Kendall, Sergeant Thomas Peirce, Samuel Walker and John Brooks, seven acres of make meadow or swamp, "to satisfy them for proportioning every man's right in the common lands."48
In 1673, there was another grand division of the common land of the town; viz : of timber land adjoining Billerica line and Maple Meadow in Wilmington. This land, amounting to above 500 acres, was distributed by lot among 80 proprietors, in proportion to their respective rights. For stating the lines of the great lots in which it was laid out, the town allowed the committee of four appointed for the work, twenty-four shillings, or six shillings apiece ; and each proprietor was to give William Johnson, for setting off to him his proportion, and marking his lot in three places in every side line with the initials of his name, two pence an acre, in Indian corn at eight groats a bushel, or in other pay to Mr. Johnson's content: and the town was to pay one hand for carrying the chain all the time, two and six- pence a day.52
& Woburn Records, Vol. I., pp. 47-49.
62 Woburn Records, Vol. I., pp. 41, 42.
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HISTORY OF WOBURN.
Finally, in 1677, a large tract of common land, lying between Billerica line, Maple Meadow River and Reading line, and con- taining by estimation about four thousand acres, was the greater part of it divided proportionally between seventy-nine proprie- tors, besides a lot of sixty acres, reserved for a succeeding officer of the church. Provision was made that the Selectmen might from time to time lay out highways through this tract for the mutual accommodation of the proprietors, without allowance given for the land taken for this purpose; and William Johnson was employed to lay out the lots, for which each proprietor was to pay him twopence an acre in Indian corn, barley or rye, he furnishing a plot of the said land. 53 And after the division then made, there being still a residue of this tract undivided, it was granted Feb. 26, 1677-8, by an unanimous vote of the pro- prietors, to forty-four young men, who petitioned for it; and was divided among them by William Johnson for a compensa- tion agreed upon by them.
This appears to have been the last extensive distribution of the common land in Woburn. More was yet left in various places, in comparatively small parcels, of which grants were occasionally made to different individuals. In a shattered rec- ord book still . extant, commenced in 1739, and purporting to belong "to the proprietors of the common and undivided lands in Woburn and Wilmington, " are recorded their pro- ceedings at their meetings from time to time in relation to those lands; such as the appointment of committees to perambulate their lines, and to establish bounds; to lease their lands to indi- . viduals, and to receive their rents : and to prosecute at the law, such persons as trespassed upon their lands, unto final judgment.
At a meeting of the proprietors, May 17, 1739, and continued by adjournment to 1st Monday in September following, Messrs. Jacob Wright, Thomas Carter and Joseph Baldwin were chosen a committee with full power to lay out to each proprietor his just proportion of the common lands.54 Accordingly with the help of Caleb Brooks, surveyor, this committee laid out a
& Woburn Record», Vol. I., pp. 77, 78, 79.
" Proprietors' book, p. 5.
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HISTORY OF WOBURN.
large portion of these lands as directed; and at a meeting January 4, 1741 [1741-2] they presented a report of their doings in the premises, as far as they had proceeded; which report was accepted and ordered to be recorded.55 From this report as recorded, it appears that they had laid out about 141 acres, lying in Wilmington " great lot, " Wood Hill, on the west side of Clear Meadow brook, and on the east and west sides of Maple Meadow River, in seventy-seven lots to as many proprietors, and one lot retained by the proprietors themselves in common, and called the proprietors' lot. To defray the expense of this snr- vey and division of the common lands, Low's Meadow had been previously sold, by order of the proprietors.56 At a Proprietors' Meeting, May 26, 1763, voted to grant a place for a burial ground, and one for a pound, if places convenient for these pur- poses could be found.
The last grants by the proprietors, upon record in this book, were of stable lots near the meeting-house on the common, to Rev. Josiah Sherman, Dea. Eames and others, voted June 10, 1765. At the same time it was voted to grant horse stable lots to no others but proprietors.
At a general meeting of the town, December 7, 1741, and continued by adjournment to January 4, and February 8, 1741-2, it was apparently attempted to nullify the distinction between the proprietors of the common lands in Woburn, and other inhabitants of the town, with a view to prosecute the pro- prietors' committee, as intruders, in making division of those . lands from time to time, as the votes of the proprietors had authorized them. But the town records being examined by a committee appointed for the purpose, it was probably found, that the town had for years recognized and acted upon the distinction, which was founded upon an order of the General Court in 1660, and the attempt failed. See Town Records, vol. VII., p. 380, 381, 382. See also Mass. Records, vol. IV., part I., p. 417: Town Records, vol. I., p. 31, 32.
55 Proprietors' book, p. 9.
56 Proprietors' book, pp. 7, 14, 15.
4*
CHAPTER II.
Civil customs - Moral and Religious habits of the Frst Settlers - Town officers - Town meetings - Measures to prevent pauperism - Taxes paid largely in produce of Soil; Schooling, etc., etc., etc. - Death and brief notices of the Seven Commissoners for building up Woburn.
IN the First Chapter of this History of Woburn, we have seen the foundations of the town laid, its government organized, its lands, the larger portion of them, distributed among its early proprietors, and all its affairs, civil and ecclesiastical, brought into a regular and successful train. In this chapter, it may be useful as well as interesting to advert briefly to the civil customs and institutions of the town, and to the literary, moral and religious character of its founders, and of their immediate suc- cessors for the first fifty years, before we resume the thread of its history.
At the first election of town officers in Woburn in 1644, there were chosen only Selectmen, a Constable, and three Surveyors of the highways. In the record of that transaction, no mention is made of town clerk, treasurer, assessors, and other officers, whom both law and expediency have now rendered indispensa- ble. The reason is, with regard to the town clerk, that the law did not then expressly require that officer to be chosen annually as it does now ; and the people were not disposed to drop from the office one whom they had found hitherto to be faithful. Hence Woburn, for the first forty-eight years, had but two town clerks; Capt. Edward Johnson, chosen by the commissioners for its settlement in 1640, and continued in office by the good will of the people, without re-election, till his death in 1672; and William Johnson, Esq., his son, who was chosen clerk in 1672, and served the town in that capacity, without re-election, till 1688. And as to other town officers, they came gradually into distinct notice and use, as the increase of the public busi-
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HISTORY OF WOBURN.
ness, or the interest of the people rendered them necessary. For many years, the Selectmen were the keepers of the town's treasure, as well as the local guardians of its rights. In 1695 was the first, and till 1719 the only instance in Woburn, of the election of a town treasurer, distinctively as such; and the person chosen treasurer in 1719, and for several years afterward, was one of the Board of Selectmen.
For upwards of a century too, from the first planting of the town, the Selectmen ex officio, or by the uniform choice of the people, discharged the duties of Assessors and School Committee ; and the constables were also collectors of taxes. In assessing Town and County Rates, however, the Selectmen used to be assisted by an officer, now unknown by name, but then annually chosen by the people, and called " Commissioner of the Rate."1 Woburn had likewise in its early days three other commissioners, styled in the records, " Commissioners to end small causes." The appointment of such commissioners was sanctioned by law in all towns where there was no magistrate, and they constituted an inferior Court of Justice, having the powers of magistrates (excepting that of committing to prison) ; to hear and determine, according to their own best judgment, all causes in which one of the parties belonged to the town in which they presided, and in which, the debt, trespass or damage [did] not exceed forty shillings. In Woburn Records, they appear to have been elected by the people, with other town officers, but the law required them to be licensed by the County Court, or by the Board of Assistants. 2 They continued to be appointed in this town,
1 Colony Laws, 1672, p. 23. Record of Choice of Town Officers for 1653. "Ensigne Carter, Commistionor for the Rate." Town Records, Vol. I., p. 18.
2 Colony Laws, 1672, p. 20, Colony Records, Vol. II. p. 188. Extract from "Choyce of Town Officers the 25, of 12 mo. 1650." [25 Feb. 1650-1.] " Commissionor to carry the Votes to Cambridge, James Tompson."
"EDWARD JOHNSON, EDWARD CONUARS, JOIIN MOUSALL, JOHN WRIGHT, JAMES TOMPSON, SAMUEL RICIIISON,
RALPHI HILL," Selectmen.
" EDWARD JOHNSON, EDWARD CONUARS, [Convers.] JOHN MOUSALL,"
" Deputy, EDWARD JOHNSON."
Commissionors to end Small Causes.
Town Records, Vol. I., p, 16.
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HISTORY OF WOBURN.
though not uniformly every year, till 1674; were frequently the same persons as three of the Selectmen; and were always men of great weight of character, and of principal influence in the town.
The time originally agreed upon by the inhabitants of Woburn, 1644, for the choice of town officers, was "the first third day of the wecke in the first month ;" that is, the first Tuesday in March. But the very next year, 1645, the people anticipated their ap- pointed time for this transaction. A deep snow falling the latter part of the winter, which proved a great obstruction to other business, some persons from a wish "to redeem time, " prevailed to have the town officers elected Febuary 19th, of that year. In 1647, the town voted to choose its officers on the first Monday of March annually, instead of the first Tuesday. And the next ycar but one, 1649, the day for this purpose was again altered, by vote of the town, to the last Tuesday in February; on which day, the people were ordered to meet every year for this business without further warning.3 And this continued to be the day for the election of town officers in Woburn, till 1692, when by a law of the Province, all such elections were required to be made in March.
At the time Woburn anciently chose its town officers, it was likewise accustomed to choose deputies to the General Court. For this serviec, it rarely employed more than one person, but it sometimes did two. And as the law then allowed towns to elect persons who were resident anywhere within the Colony, to represent them in the Legislature, provided they were freemen, it sometimes happened, that one or both the deputies for Woburn belonged to Boston.4 As a compensation for his services, the town voted, 1645, to allow their deputy sixpence per day, beside his board.5 And to save expense in the latter article, they
3 Town Records, Vol. I., pp. 5, 7, 11, 14.
'Deputies from Woburn for 1670, 1671, Capt. Edward Johnson, Mr. Humphrey Davie of Boston; for 1672, 1673, Mr. Ihumphrey Davie, Capt. Edward Hutchinson, of Boston. The following record intimates, that deputies were sometimes chosen for only part of a year, or a single session. " Mr. Humphary Daule was chosen deputy for the whole yeare 1675." -Town Records, Vol. I., p. 59.
" Town Records, Vol. I., p. 7.
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HISTORY OF WOBURN.
sometimes sent him corn, to be made into bread for his own use, if he belonged to Woburn; but if he were a citizen of Boston, or if, though an inhabitant of Woburn, he chose to provide his board in his own way, while attending the Legislature on the town's behalf, they were constrained to pay him for his services in solid coin.6 But penurious as the people may seem to have been in the stated compensation of their deputy, they could at times be generous. At a General Meeting, Nov. 16, 1674, the inhabitants of Woburn resolved as follows, on behalf of one of their deputies, who had represented them that year and several years before, and who was a resident of Boston. "Voted that there shold bee tenne cord of wood gotten at the town's charge, and delivered on the wharf at boston as a gratuity for the good saruise Mr. Humphary Dauic hath dune this Towne at the gen- crall Courte."- Woburn Records, Vol. II., p. 18.
The municipal regulations of the carly inhabitants of the town are deserving of the notice, and, in many instances, of the imitation of their successors.
The selectmen were accustomed to meet statedly on the first Monday of every month, for the transaction of public business. And lest the interests of the town should suffer at any time, through their dilatoriness or neglect to attend on such occasions, they agreed, March 11, 1674, that if any Selectman should fail to make his appearance at the place of meeting, by 9 o'clock of the morning, their appointed hour, he should pay three shillings to the use of the town, unless he were detained by some providence of God, which the majority present should account a sufficient excuse. And at their very next meeting, it is recorded, that they fined Capt. John Carter, one of their number, sixpence, for " being nere an hour to [too] late;" and shortly after, Francis Kendall, another member of their body, for a like omission of duty, was fined the same sum.7
6 " The town Dr. in the year 1674:" To deputy's dyet . £02: 05: 00.
"To Gershom Flagg for bringing down Corne for deputy's dyet
" To deputy's dyet, silver
00:02:00.
01:16:00.
Town Records, Vol. II., pp. 22,31.
"Town Records, Vol. II., p. 167, 163, Inverted.
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HISTORY OF WOBURN.
The primitive inhabitants too, of Woburn, were zealous to secure a full and punctual attendance of its citizens at all its general meetings, and to preserve among themselves a due esteem of their civil privileges. As early as 1643, they passed an order, " That if any man shall absent himselfe from a publike meeting without a lawfull excuse, hee shall pay 18d. to the use of the Towne." 8 And in February, 1648-9, there was a vote of the town imposing a fine of two shillings, for the town's use, upon any inhabitant who should fail to appear by eight o'clock of the morning at any stated annual meeting for election, though unwarned; or who should withdraw on such an occasion, with- out leave of the assembly, more than a quarter of an hour before the meeting was dissolved; or who should be absent or tardy at any public meeting whatever, that had been legally warned.8 And that this vote might not stand on their records a mere empty form of words, without force or effect, it was ordered by the whole town, present at their annual meeting, 1653-4, that the constable for the time being, should call over the persons warned to appear at every town meeting, and should gather up the fines of all such as are found delinquent for non-appearance, agreeably to the vote just cited, changing only the time of appearing from eight o'clock in the morning to nine.9
Nor was there less concern manifested to secure a civil, peaceable behavior at public meetings, than constancy and punc- tuality of attendance. The fathers of the town took care on all occasions to maintain their authority before the people, and failed not to punish any, who shewed openly before them a dis- position to contemn or resist it. In 1664, for instance, they passed an order, allowing the inhabitants freely to present their grievances at any general meeting, either by word or writing, provided they did it in a becoming manner, and with the leave of the moderator; but imposing a fine of five shillings for the town's use upon any one who should presume on such occasions to speak disorderly, or go on to take up the time of the town unnecessarily.10 And a few years afterward, they fined Nathanael
'Town Records, Vol. I., pp. 5, 14.
" Town Records, Vol. I., p. 19.
10 Town Records, Vol. I., p. 30.
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HISTORY OF WOBURN.
Richardson, ten shillings for publicly charging them "with trampling him under their feet and wronging him, and for twitting them of putting themselves in place, with a stuborne, unciuill carige." 11
In the infancy of the town, no one was allowed to become an inhabitant of it, or to acquire in it any freehold, right of common, or other civil privilege, without first producing evidence of his peaceable behavior, and obtaining the approbation of the Select- men, or consent of the town by vote at some public meeting.12 And to guard against the intrusion of suspicious characters, and preventing any from gaining a legal settlement here in a clandes- tine manner, one of the original Town Orders provided that no person should entertain any inmate, whether married or other- wise, for more than three days, without the consent of four Selectmen ; and that every one offending in this particular should forfeit sixpence to the use of the town for every day that he should offend herein.
11 Town Records, Vol. II., p. 18. To the above may be added another instance. 1674 : 1 : 10 mo George Polly summoned to appear before the Seeleet- men for harbouring Inmates contrary to Town Orders. In answering to the charge, Polly declared that " he wold entertaine them for all the townsmen ; and that the woman shold not goe out of towne for any of them." Upon this, the Selectmen granted distress upon Polly's estate to the value of eight shillings. But Polly afterward coming before them, and humbling himself, and " acknowledging his false charges, and promising that he wold clere the Towue of the forsaid Inmates by the next second daye at night, then the Constable was ordered to respet his distress; but in case the said Polly did not goe on to perform his promise, then the Constable was to goe on to leuey (levy) the eaight shillings for the Towne's use." Town Records, Vol. I., p. 57. No trifling with such town officers as these.
12 6 : 11 mo : 1648, [6 Jan. 1648-9.] " William Chamberlin admited an In- habitant of this Towne, and permited to by land for his conuenency in any place thereof, prouided he unsetle not any Inhabitant, and bring testimony of his peacibl behauour, which is not in the least mesur [measure] questioned." Town Records, Vol. I., p. 13.
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