to Sholan's deed, beginning at the wading place, Nashaway river, at the passing over to be the centre; thence running five miles north, five miles south, five miles east, and three miles west, to be surveyed and marked, by a commissioner. Six of the inhabitants, viz. Edward Breck, Nathaniel Hadlock, William Kerley, Thomas Sawyer, John Prescott, and Ralph Houghton, or any four of them whereof the major part are freemen, to be prudential managers of said town, both to see to the allotments of land for planters, in proportion to their estates, and to manage their prudential affairs, till the General Court are satisfied that they have able men, sufficient to conduct the affairs of the plantation; then, to have full liberty of a township according to law." And further, it was permitted all the old possessors, to remain, provided they took the oath of fidelity. The inhabitants were ordered to take care, that a Godly minister be maintained amongst them, that no evil persons, enemies to the laws of this Commonwealth, in judgment or practice, be admitted as inhabitants, and none to have lots confirmed to them, but such as take the oath of fidelity. A similar provision to this last, was common in the incorporation of other towns, and shows the great importance that was placed upon religion, and habits of order; that these were conceived to lie at the foundation of all good government, that they reached the highest, mingled with the humblest, and exercised a controlling influence over the whole character of society. The effect of these things in past and present times, is a fruitful subject of discussion, the effect upon remote generations, permits wide speculation; not however to be indulged in, on the present occasion. The act of incorporation concludes, with ordering, that the inhabitants remunerate such of the first undertakers, as had been at any expense in the plantation, "provided they make demand in twelve months; and that the interest of Harmon Garrett, and such others of them, who had been at great charge, should be made good in allotments of lands; provided they improve the same, by building and planting within three years after their land is laid out to them. Also that the bounds of the town be laid out, in proportion to eight miles square." In the fall of 1653, (Nov. 30, O. S.) the Committee or selectmen, as they may be called, proceeded in their duties of laying out land, and managing the affairs of the town. The first division of lands, was between the two branches of the Nashaway to the west; and to the east, on what is called the Neck, lying between the north branch of the river, and the principal stream. To the north branch, they gave the name of North river; the south branch only, they called the Nashaway; and the main river, after the confluence of the two streams, which is now the Nashaway, they named the Penecook. Each portion contained twenty acres of upland, besides intervale. On the west, the first lot by which all the others on that side were bounded, was laid out to John Prescott, at the place I have before mentioned, where Simonds and King some years before, built the trucking or trading house; about a mile a little to the west of south of the present church. Then in regular order towards the north, followed John Moore, John Johnson, Henry Kerley, William Kerley, (his own, and one purchased of Richard Smith,) and John Smith. Next, south of Prescott, was the land of Thomas Sawyer. The land on the Neck was divided as follows-first, Edward Breck, on the south east corner of the neck, and very near the house of Mr. Davis Whitman. Then followed in order, towards the north, on the same side of the way, Richard Linton, Ralph Houghton, (his own and one purchased of Prescott,) James Atherton, John White, William Lewis, John Lewis, son of William, Thomas James, and Edmund Parker. Richard Smith's land was a triangular piece, apart from the rest, between the present church and Sprague bridge. Robert Breck's* land was on the west side of the Neck, and from the description, must have been in the middle of the town, by the church. As soon as the first division of lands was completed, the Inhabitants and others entered into a covenant for themselves, their heirs, executors, and assigns, in substance as follows, viz: after sundry orders touching the ministry, &c. which will be mentioned in the context, they agreed that such of them as were not inhabitants, and who were yet to come up, "to build, improve, and inhabit, would by the will of God, come up, to build, plant, and inhabit," within a year, otherwise to forfeit all they had expended, forfeit also their land and pay five pounds for the use of the plantation. To keep out all heresies, and discourage the spirit of litigation, they inserted the following article, which I will recite, viz: "For the better preserving of the purity of religion and ourselves from infection of error, we covenant not to distribute allotments, or receive into the plantation, as inhabitants any Excommunicant, or otherwise profane and scandalous, (known so to be) nor any one notoriously erring against the doctrine and discipline of the churches, and the state and Government of this Commonwealth. And for *Edward Breck dwelt in Lancaster awhile. Robert never moved up. the better preserving of peace and love, and yet to keep the rules of justice and equity, amongst ourselves, we covenant not to go to law* one with another, in actions of debt, or damage, one towards another, in name or estate; but to end all such controversies, amongst ourselves, by arbitration, or otherwise, except in cases capital or criminal, that some may not go unpunished; or that the matter be above our ability to judge of, and that it be with the consent of the Plantation, or selectmen thereof." Each subscriber engaged to pay ten shillings towards the purchase money, due to the Indians, &c. That the population might not be too much scattered, the first division of land was made on the principle of equality to rich and poor: but the second, and subsequent divisions, were according to the value of each man's property. Every person was put down at ten pounds, and his estate estimated according to its value. They reserved to the plantation the right of conferring gifts of land on such individuals as they might see fit, as occasion might offer. These covenants were subscribed at different times during the few first years, as follows, viz: Edward Breck, (a) "I subscribe to this for myself, and for my son Robert, save that it is agreed, we are not bound to come up to inhabit within a years time, in our own persons." John Prescott, William Kerley, (b) Thomas Sawyer, (c) Ralph Houghton,( John Whitcomb Subscribed first. Jno. Whitcomb, 20, 9 mo. 1652. Richard Linton,(f) John Johnson,(g) Jeremiah Rogers, 4, 9 mo. 1654. John Moore, (h) 11, 1 mo. 1653. Thomas Lechford, the earliest Lawyer in New England, came to Boston, and resided there from 1637 to 1641. Though he wrote himself of "Clement's Inn, in the County of Middlesex, Gentleman," he had but little professional business. He seemed to be looked upon as rather a useless appendage to society, under the Theocracy. In his "Plain dealing," a rare, and curious pamphlet, he observes, that he had but little to do for a liveli hood except to write petty things." He fell under some censure, returned to England, irritated with the colonists, and published his pamphlet, containing, I sincerely believe, many truths. Certainly it is far from deserving the bad character, that was attributed to it by our ancestors. There were some of the profession in N. E. when this town was incorporated, but they were probably not men of much talent or acquirements; else, their names, at least, would have reached this day. In 1654, a law was passed, prohibiting any usual or common attorney, in any inferior court, from sitting as a deputy, in the general court. John Rugg, 12, 12 mo. 1654. JOSEPH ROWLANDSON, (u) 12, 12 mo. 1654.And it is agreed by the town, that he shall have 20 acres of upland, and 40 acres of intervale, in the Knight Pasture. John Rigby, 12, 12 mo. 1654. John Roper, (v) 22, 1 mo. 1656. Mordecai McLoad, (x) March 1, 1658. 1654. By the following spring, there were twenty families in the place; and the inhabitants feeling competent to manage their own affairs, presented a petition to the General Court, that NOTES TO THE FOREGOING LIST OF NAMES. (a) The Brecks were probably of Dorchester. The Rev. Robert Breck of Marlborough, a distinguished clergymen, who died Jan. 7, 1731, may have heen of this race. There were Brecks, early in Boston. John Dunton in his "Life and errors" 1686, speaks of Madam Brick (Breck) as the "flower of Boston," for beauty. 2 Mass. Hist. Col. II. 108. (b) William Kerley, senior, was from Sudbury; I find him there, in Nov. 1652. After the death of his wife, Ann, in March, 1658, he married Bridget Rowlandson, the mother, I think, of the Rev. Mr. Rowlandson, in May, 1659. She died in June, 1662. He or his son William, probably the former, married Rebecca Joslin, widow of Thomas Joslin, May, 1664. He died in July, 1670. He was one of the proprietors of Marlboro' in 1660. I find many years after, this name spelt Carley. (c) Thomas and Mary Sawyer, had divers children, viz:-Thomas born July, 1649, and was married to Sarah, his wife, Oct. 1670.-Mary, their daughter, born Jan. 7, 1672 (N.S.)-Ephraim, born Jan. 7, 1651, (N.S.) killed by the Indians, at Prescotts' garrison, Feb. 1676.—Mary, born Jan. 7, 1653, (N.S.)— Elizabeth, born Jan. 7, 1654, (N.S.)-Joshua, born March, 1655, (N.S.)— James, born March, 1657, (N.S.)-Caleb, born April, 1659, (N.S.)—John, born April, 1661, (N.S.)-Nathaniel, born Nov. 1670, (N.S.) Thomas, I think the father, was again married Nov. 1672. From this stock there are numerous descendants in Lancaster, Sterling, Bolton, &c. (d) Ralph Houghton came to this country not long before the town was incorporated, in company with his cousin, John Houghton, father of John Houghton Esq. usually called Justice Houghton, who will be mentioned more particularly by and by. Ralph, and John, senior, first lived in Watertown; Ralph early moved to Lancaster. John probably came up at the same time. When the town was destroyed, in 1676, they went to Woburn, where they lived till the town was rebuilt. Ralph was clerk or recorder as early as 1656 and for many years, and was quite a skillful penman. A single leaf of the original volume of Records in his hand writing, is in existence. It was found amongst the papers of the late Hezekiah Gates. (e) Died, Sept. 1662. Linton was of Watertown in 1646. He died, March, 1665. George Bennett, who was killed by the Indians, Aug. 22, 1675, was his grandson. (g) One of the same name is mentioned as one of the proprietors of Marlborough, 1657. (h)John Moore was of Sudbury in 1649. Married John Smith's daughter, Anna, Nov. 1654, and left a son, John, born April, 1662, and other children. (2) Wm. Lewis, was probably of Cambridge, He died, Dec. 1671. (j) One of that name, and I suppose the same person, was a member of Dorchester Church, in April, 1678, and was dismissed with others, to form a church in Milton. This was while Lancaster remained uninhabited, after its destruction, by the Indians. 1 Mass. Hist. Col. IX. 194. (k) An account of Day will be found in a preceding note. (1) Of his children, were James, born 13 May, 1654.—Joshua, 13 May, 1656. His wife's name was Hannah. (m) Henry Kerley must have been the son of William Kerley, senior. He married Elizabeth White, sister to Mrs. Rowlandson, Nov. 1654. His children were, Henry, born Jan. 1658, (N.S.)--William, Jan. 1659, (N.S.) and killed by the Indians at the destruction of the town.-Hannah, July, VOL. II. 35 |