Concord, Middlesex co, MA History Chapter III ************************************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm ************************************************************************ transcribed by Janice Farnsworth Farns10th@aol.com The Nine Overseers of Concord 1654 p.33 We shall now recur to the civil history of the town from the time to which it was brought up in the first chapter. As the lands became more cleared, the meadows were somewhat dryer, and ceased to be a subject of frequent complaint. The inhabitants sought other spots for culti- vation, more productive than the sandy ones on which they first settled; and those that re- mained became more contented with their situation. Their numbers soon after began to in- crease. Some additional land was granted to the town; and parts of the old settlement had become vacant by the removal of the original inhabitants. A second division of lands now took place. The town met several times to consider in what manner this division should be made. On the 2nd of January, 1654, it was voted to divide the town into three parts or quarters, and to have the lands first divided in the quarters; but this was not entirely satisfactory to the inhabitants. "Much weariness about these things," say the Records, too place before the system was matured. On the 8th of March, 1654, "at a publique training," nine men were chosen, "three out of each quarter, empowered by the town to hear and end former debate, according to their best light, and discresion, and conscience; only eight of the nine must agree to what is determined, or else nothing to be of force; and none voted to the contrarie but Georg Wheeler, Henry Woodies, Joshua Edmands, William Buttrick and Thomas Stow." The labors of this committee resulted in the following agreement: "We whose names are under written, conclude that 20 acres of meadow shall be resarved for a minister in the Hogepen-walke about Annursnake, and 20 acres of plowland out of the south quarter and 20 acres of woodland in the east quarter. We agree also that 20 acres of wood- land shall be resarved for the public good of the towne, lying neer the old hogepen, at each side of the townes bounds line. That some particular persons shall have some inlargement, whoe are short in lands, paying 12 pence per acre, as others have done, and 6 pence per acre, if the towne p.34 consent thereto: - the persons are as follows: Georg Wheeler 20 acres Obadiah Wheeler 20 acres Michel Wood 12 acres Thomas Daken 10 acres Thomas Batman 15 acres Bapties Smedly 14 acres These to have second division as others have had. That all poore men in the towne that have not commons to the number of four, shall be allowed so many as amounts to foure with what they have already, till they be able to purchase for themselves, or untill the townsmen shall see cause to take it from them, and bestow it on others that want: and we mean those poore men, that at the present are householders. And upon these conditions and thos that follow, the Hogepen-walke is resigned up to the north quarter. "The divisions of the heighwaies are as foloweth: The north quarter are to keepe and main- taine all their heighwaies, and bridges, over the great river in their quarter; and in re- spect of their greatness of charg thereabout, and in regard of the ease of the east quarter above the rest in their highwayes, they are to alow the north quarter three pounds. The east quarter are to keepe and maintain all their heighwayes and the bridge over the north river (Darby's bridge) and the heighway there to the heighland, by estimation 3 or 4 rods, where the commissioners of Concord and Lancaster being chosen by their townes to lay out their heighwayes did appoint it. The south quarter are to keepe and maintaine all their heigh- wayes and bridges over the south river, except that at the north river before expressed that is laid on the east quarter; the south river bridge being to be set where the aforesaid comm- issioners appointed it, as their agreement declares; and all these heighwayes and bridges are to be maintained forever by the quarters on whom they are now cast. And it is further concluded that if any damage shall come to the towne by the neglect of any part of the towne in any part of their wayes, that part of the towne so neglecting either bridges or wayes, shall beare the damage and secure the rest of the town. "The limits of each quarter as followeth: "The north quarter by their familyes are from the north part of the training place to the great river and all on to the north side thereof. The east quarter by their familyes are from Henry Farweles all eastwards with Thomas Brooke, Ensign Wheeler, Robert Meriam, Georg Meriam, John Adames, Richard Rice. p.35 "The south quarter by their familyes are all on the south and southwest side of the mill brooke except those before acsprest (expressed) with Luke Potter, Georg Heaward, Mihel Wood and Thomas Dane. "We doe choose overseeres in each quarter for the faithful performance of their duty in that case in all particulers, so far as may conduce for the profit and good of these quarters, as to make rates to pay workmen and to see that all persons come in seasonable time and keepe them to their bisiness faithfully, and keep accounts and so see the worke suffisiently done; and they are impoured (implored) to call fitt men and cattle in their quarter to the worke and pay them their wages; and if any shall refuse to attend these nesery workes their names shall be returned to the selectmen of the towne, who shall impose fines according to law upon all such ofenders in that case. Also the overseeres as aforesaid shall keep an exact account of their owne time expended, and shall have suffisient satisfaction for the same. The names of the overseeres as follow: "For the east quarter - Ensign Wheeler and William Hartwell "For the north quarter - John Smedley and Thomas Batman "For the south quarter - Georg Wheeler, James Hosmer, Georg Heaward and Sargent Buss. "This company doe for the present joyne to make rates in way as foloweth: the east end 2 pence - parts for all mens estates according as Mr. Bulkeley last rate was made; the north quarter 2 pence and the south quarter 4 pence parts. "Witness our hands this 7th of the first month 1654. Simon Willard Robert Meriam Thomas Brooks Joseph Wheler James Blood Georg Wheler Georg Heaward Thomas Batman John Smedly." "It is further agreed by the nine men aforesaid that there shall be a parcell of wood lying on the north of the way that goeth to Lancaster to the number of 5 acres, the most whereof is pines to be set out to Ensigne Wheeler, John Smedley and Georg Heaward for the use of the north bridge." Regulations were established in each quarter, similar to those in wards of a city. Each chose its own officers, kept its own records, made its taxes, etc. The records of the south quarter (first commencing in 1654, in the hand-writing of Simon Willard, first quarter Clerk), are the only ones now extant. p.36 The second division of lands was made in the quarters, and afterwards recorded in the town book, in which the first and second divisions are particularly described. These municipal regulations were continued in force about 50 years; and the distinction which was then given to the different parts of the town, is still preserved. To the oldest book of records in the clerk's office in Concord is prefixed an account of the proceedings of the town in relation to recording the individual titles to lands, from which it appears, that "the latter grants of land to particular persons were only written on paper books [?] as granted and not in a register booke." The selectmen were desired to consider the expediency of obtaining "a new booke to record them and all other land that men now doe hold;" and "the thing tending to peace and prev- ention of strife," they desired "the help herein" of their "Reverend pastor Mr. Edward Bulkeley, Thomas Brooks and liff. Joseph Wheeler, which company sett about it the 25th of January 1663, and at the end of the day, concluded to call a meeting on the 29th of the aforesaid month, to come to a conclusion about transcribing every man's land in a new booke so that it might be for the comfort and peace of ourselves, and posterity after us." When the town was assembled, it was agreed, that a new book should be procured, that "what is in the old booke that is useful shall be transcribed into the new, with all lands which men now hold;" - "that every man that hath not his proportion of lands laid out to him, that is due to him, shall gitt it laid out by an artis" before 1665; and that each one should give to the town clerk a description of the quarter in which he lives, and certified by the quarter-clerk. For all the facts thus far in this chapter I am indebted to the Town Records. The committee to divide the south Quarter were: William Wood George Hayward George Wheeler William Buss John Miles Note: E, stands for east quarter N, for north quarter S, for south quarter in the table on p. 37. p.37 Proprietors No. of Lots Acres Residence Tax in 1666 Grace Bulkeley 1 750 Thomas Wheeler Sr. 16 373 E. Jotham Wheeler's Francis Fletcher 17 437 E. Richard Rice 3 189 E. Widow Heald 6 161 N. Joshua Buttrick's John Heald 4 86 N. North of the above William Buttrick 12 215 N. Jonas Buttrick's John Flint 9 534 N. John Flint's James Blood, Sr. James Blood, Jr. 12 660 N. Rev. Dr. Ripley's John Smedly 17 668 N. south of J. Jones's Thomas Bateman 7 246 N. near R. French's Baptise Smedley 10 186 N. Ephraim Brown's Humphrey Barret 11 316 N. Abel B. Heywood's Richard Temple 5 291 N. Barret's Mills George Meriam 16 259 E. near Alms-house John Blood 1 61 N. near T. Blood's Robert Blood 4 169 N. ditto John Jones 9 351 N. James Jones's Joshua Brooks 11 195 E. Isaac Brook's Caleb Brooks 12 150 E. Eliphalet Fox 14 106 E. Bedford Road Thomas Pellet 1 14 Joseph Dean 1 22 S. William Heyden's John Meriam 8 262 E. Virginia Road William Hartwell 20 241 E. Bedford Road John Hartwell 3 17 E. ditto Nathaniel Ball 11 137 E. ditto William Taylor 14 117 E. ditto John Farwell 18 280 E. ditto Joseph Wheeler 29 357 William Baker 5 43 E. William Buss 19 319 S. Elijah Wood's £5 18s 2d Moses Wheat 22 339 E. Bedford Road Luke Potter 22 249 S. £2 20s 0d Robert Meriam 16 595 E. Eb. Hubbard's p.38 John Heywood 13 285 S. £1 15s 0d George Hayward 10 505 S. £3 6s 10d Daniel Dean Thomas Gobble 1 600 S. Jones's Tavern £1 10s 18d Henry Woodhouse 1 360 S. Joseph Barrett's £5 1s 6d Joshua Wheeler 11 77 S. John Vose's £1 10s 18d Boaz Brown 6 86 N. The Dakin house Thomas Brown 14 186 N. Reuben French's Nathaniel Billings Sr. 4 51 S. Amos Baker's £1 6s 8d Nathaniel Billings Jr. 7 196 S. ditto £1 13s 6d John Billings 6 185 S. ditto £1 1s 1d John Wheeler 1 67 S. George Wheeler 24 434 S. near James Adams's Edward Bulkeley 11 183 S. new Meeting-house Samuel Stratten 6 254 S. Alms-house Edmund Wigley 4 87 S. £1 19s 1d John Miles 23 459 S. Josiah Davis's £3 17s 2d Thomas Dakin 4 87 S. £1 12s 10d James Hosmer 4 164 S. £1 8s 7d Samuel Wheeler 5 21 S. James Smedley 9 287 S. John Scctchford 10 120 S. near Cyrus Snow's £1 14s 2d Michael Wood 13 230 S. Samuel Dennis's £4 3s 4d Samuel Hunt 13 277 N. Ephraim Flint 750 E. in Lincoln It has already been intimated that additional grants of land were made to Concord in 1652. The following details relate to these and other grants. Chapter III p.38 - continued "To the Honored Generall Court assembled at Boston. The returne of the number of acres (see Part 14) of land granted as an addition to the Towne of Concord according to the order of the General Court in 1654. "Whereas the Court was pleased to grant to our Towne a village some four years since upon condition they should improve it before others, but neglecting theire opportunity, the plantation of Chelmsford have taken a good parte of the same, also Nattatawants (Tahattawan) having a plantation granted him which takes up a good some also, we whose names are sub- scribed have taken a survey of the rest remayning and wee finde about seven thousand acres left out, of which Major Simon Willard hath two thousand acres, except a little part of one end of his farme which lyes in the place or parcell of vacant land, that was since given to Shawshine, this tract of land being by the last Court granted to our Towne on this condi- tion that at this Court we should acquaint the Court of the quantitye of what wee have. "This is a true copie compared with original on file, as it was exhibited to the Generall Court May 1655 as attest. Tho. Brooks Timothy Wheeler Joseph Wheeler George Wheeler George Heaward John Jones." Edward Rawson, Secretary. p.39 At the same Court on the 23d, May 1655 "Five thousand acres of Land were granted to the Inhabitants of Concord for feeding, according to their petition, provided it hinder not any former grants." This was all the tract of land described in the above return, ex- cepting the farms belonging to Major Willard. When his farms were granted I have not been able to find out. One of them lay in the southwest part of the tract, and the other at the northeast. This distinguished individual had several subsequent grants. On the 6th of May, 1657, he had, "for services to the colony, 500 acres of land in any place where he can find it according to law;" and 21st May 1658, he had 500 acres more "on the south side of a river that runneth from Nashua to Merimack, between Lancaster and Groton and is in satisfaction of a debt of £44" due from John, sagamore of Patucket. His execution to be given up. This farm was laid out in May 1659 by Thomas Noyes. The Praying Indians claimed some right to the land granted to Concord "for an enlargement to the towne;" in consideration of which, "the Towne of Concord doth give to them, the planters of Nashoba, fifteen pounds at six a penny, which giveth them full satisfaction. In witness whereof they doe set to their hands this 20 of the 10 month 1660." This agreement was signed by "Nassaquaw, marchant Thomas (Thomas Waban), Wabatut, great James Natotos, a blind man - Pompant, and Gomgos," by their marks; and John Thomas, and John Tahattawan, by their names; and witnessed by Joseph Wheeler, John Shepard and John Jones. [Town Records. The compensation mentioned in this agreement was paid by Lt. Joseph Wheeler for which the town granted him in 1660 a tract of land "lying between Chelmsford line and the line of Nashoba township, and joining to the further corner of the great pond." Nagog Pond appears to have been the southeast corner bound of this township." p.40 "At a General Court held at Boston the 11th of October, 1665. "In answer to the peticion of Concord for an enlargement of their bounds, this court doe grant them a tract of land conteyned in a plott returned to this court under the hand of Ensigne Noyes, by estimation the whole being about five thousand acres, whereof the court reserveth two thousand acres to be layd out to either the Indians or English, as this court shall see meete hereafter to dispose and grant, and the remaynder, being about three thous- and acres, this court grant to Concord so as the same doe not abridge any former grant made by this court; and doe order Leift. Beers and Leift Thomas Noyes to lay out the same and to make returne thereof to the next Court of Election. A true copy. Attest, Edward Rawson, Secretary." The following is a copy of the return made 25 May, 1667, and approved by the proper authori- ties. "We, Richard Beers of Watertown and Thomas Noyes of Sudbury, being appointed to lay out and measure to the inhabitants of Concord a tract or tracts of land next adjoining to their first grant; in order to which, we the above said, did lay out and measure unto the inhabitants of Concord their second grant, being five thousand acres of land granted in the year 1655, as also their grant of three thousand acres granted in the year 1665, next adjoining to their first grant, beginning at the southwest angle of their old bounds (near Major Hayward's) extending their said southerly line upon a norwest point, four degrees northerly (according to the Meridian compas) two miles and 280 rods; there making a right angle on a bare hill, and from thence a line upon a northeast point 4 degrees easterly, two miles one half and fifty rods, there meeting with Nashoba plantation line, running the line of the said planta- tion to their angle one mile one quarter and 60 rods, nearest hand upon an easterly point, there making a right angle, running a line, being the line of the Indian plantation, two miles one quarter and 60 rods, there being bounded by Chelmsford line and Bilrica line as is more plainly described by a plott; in which plott is contained nine thousand and eight hun- dred acres of land, p.41 one thousand and eight hundred acres being formerly granted to Major Willard, the other eight thousand being granted to the inhabitants of Concord, and laid out the 5th May, 1666. Given under our hands. Richard Beers Thomas Noyes Surveyors." Early Grants Incorporation of Stow, 1683 & Original Inhabitants Named. p.43 These several grants were afterwards known as the "Town's New Grant," - the "Enlargement of the Town by the General Court," - and, generally "Concord Village," till after about seventy-five years they were in great part separated from Concord and incorporated as the town of Acton. A company was incorporated on the 5th of March, 1658, "to erect one or more iron-works in Concord." These were built near the present (1835) Cotton Factory; and operations were commenced in 1660. The "zinder holes and plates" were cast at Oliver Perchis's iron-works at Lynn and put in by Joseph Jenks. The company had permission, 30th May, 1660, "to digg iron ore without molestation in any land now in the Court's possession." The southern grant to Major Simon Willard, above mentioned was subsequently sold to this company, and became known as the "Iron-work Farm." It lay partly in Concord, in Acton, and in Sudbury, as they are now bounded. Nathaniel Oliver, John Eyre and Joseph Parsons of Boston, sold one half of the whole property of this company, on the 23d May, 1684, then consisting of the iron-works and 1,668 acres of land, to the Hon. Peter Bulkeley of Concord and James Russell of Charles- town for £300. In 1668 the town leased to Captain Thomas Wheeler, for 20 years, 200 acres of upland near Mr. Silas Holden's present (1835) residence and 60 acres of meadow lying in several parcels on Nashobah brook, on condition that he should keep, "except 12 Sabbath days yearly," a herd of 50 cattle for 1 shilling per head, for the inhabitants, to be paid "one third part in wheat, one third part in rye or pease, and the other third part in Indian corn." They were to be constantly watched by a herdsman and kept in a yard at night to protect them from the wild beasts. Capt. Wheeler agreed to build a house "40 feet by 18, and 12 stud," covered with shingles, and to have a "pair of chimneys"; and a barn 40 x 24 and 12 high, to be left for the use of the town after the expiration of the lease. Lieut. Joseph Wheeler, by trading with the Nashobah Indians, became their creditor, and petitioned the General Court, in 1662, for a grant of 200 acres of land at the southerly part of p.44 their plantation as payment for his debt; but it was refused. In 1669, he, with several inhabitants of Concord, petitioned for a tract of land at Pompasitticutt; and the Court appointed him, with John Haynes of Sudbury, William Kerley of Marlborough, James Parker of Groton and John Moore of Lancaster, a committee to view it and report at their next session. This report was made May 11, 1670; and it was found "to contain 10,000 acres of country whereof about 500 is meadow. "The greater part of it is very mean land, but we judge there will be planting ground enough to accommodate 20 families. Also there is about 4,000 acres more of land that is taken up in farmes, whereof about 500 acres is meadow. There is also the Indian plantation of Nashobah, that doth border on one side of this tract of land, that is exceedingly well meadowed, and they do make but little or no use of it." George Hayward Joseph Wheeler Thomas Wheeler John Hayward William Buttrick Sydrach Hapgood Stephen Hall Edmund Wigley, all of Concord, and Joseph Newton and Richard Holdridge, petitioned for this tract of land; and it was granted to them, "to make a village, provided the place be setteled with not less than ten famyles within three years, and that a pious, an able, and orthodox minister be maintained there." Daniel Gookin, Thomas Danforth and Joseph Cook were appointed "to order the settlement of the village in all respects;" and the various proceedings in relation to, is resulted in the incorporation of the town of Stow, May 16, 1683; which has since been found able to accom- modate more than twenty families." Stow's "Foundation Lots" Twelve "foundation lots," containing 50 acres of upland and 15 of meadow, were at first granted in the following order: Boaz Brown, Minister Gershom Heald John Buttrick Ephraim Hildreth Thomas Stevens Stephen Hall Samuel Buttrick Joseph Freeman Joseph Darby Thomas Gates Shadrach Hapgood. Others were afterwards granted: John Wetherby Dec 18, 1679 Richard Whitney, Sr. June 3, 1680 James Wheeler April 8, 1681 Moses Whitney April 8, 1681 Henry Rand Jan 13, 1682 Isaac Heald Jan 13, 1682 Benjamin Bosworth Aug 7, 1682 Thomas Ward Oct 24, 1682 Richard Whitney Jr. Oct 24, 1682 Jabez Rutter Oct 24, 1682 Thomas Stevens, Jr. June 17, 1684 Boaz Brown, Jr. June 17, 1684 Samuel Hall June 17, 1684 Mark Perkins Jan 1, 1685 Richard Burke, Sr. March 1, 1686 Roger Willis March 1, 1686 Benajmin Crane Dec 23, 1682 Joseph Wheeler April 19, 1683 Jabez Brown June 15, 1683 Thomas Williams June 15, 1683 Stephen Handell March 10, 1686 Benjamin Crane March 10, 1686 These were the original inhabitants of Stow, Massachusetts. p.45 In 1653, Concord subscribed £5 a year for 7 years for Harvard College. Thomas Brooks was appointed in 1654 to carry the law to prevent drunkeness among the Indians into effect. The selectmen petitioned to the County Court in 1660 that Sargeant Buss might keep an "ordinary" or tavern in Concord, they having "found much difficulty in procuring such an one as we could rest well satisfied in." The town agreed in 1668 "that all the waste land should pay 2s 6d for every 100 acres for public charges." In 1672, seventeen articles of instruction were given to the selectmen by a committee, consisting of: Nehemiah Hunt John Flint John Miles William Hartwell Thomas Wheeler Joshua Brooks Joseph Haywood Gershom Brooks Humphrey Barret John Billings from which the following items are extracted: "That care be taken of the Books of Marters and other bookes, that belong to the Towne, that they be kept from abusive usage, and not be lent to persons more than one month at one time." "To take order that all corne fields be sufficiently fenced in season, the crane field and brickil field especially." "That incorigment be given for the destroying of blackbirds and jays." "To make a record of all the habitations that are priviledged with liberty at commons." "To take care that undesirable persons be not entertained; so as to become inhabitants." "That all persons that have taken the oath of fidelity be recorded." Concord was presented in 1660 for not having a common house of entertainment, and ordered to get one before next Court under penalty of 2s 6d. Richard Temple recovered 20 shillings damage of John Gobble (Goble) for calling him a "Lying rascal." End Chapter III