BOSTON

fVEur

'*ir.'^

/I

HISTORY

(IK

MIDDLESEX COUNTY,

MASSACHUSETTS,

WITH

b[(.)(tPvAPH[(;al sketches

OF MANY OK ITS

Pioneers and Prominent Men.

iKMIMI.FI' I NIlKl; rilK SLPF.KVISKIN OF

I \ \ I I i . 1 I • \ 1 1 1 I : I >

VOL I.

ILLUSTIL^TED.

Pll I LA I) t; Ll'Il lA ;

I \\ I . ; W I S A < ' t

1 >!I0

Copyright, 180U,
[Jy J. W. LEWIS i i <>.

.\n Right," Reserved.

PKCSS OF

JAM. K. EODGnU FBIKTINO COMPAKT,

rRTLA DELPHI A-

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PUBLISHER'S PREFACE.

The History of Middlesex G)untY, contained in these volumes, has been prepared by the
publishers with a due sense of the responsibility resting upon them, and with an earnest effort
to meet the just expectations of the public. Their undertaking was a formidable one, in-
volving, a.s it did, histories of six cities and forty^eight towns, together with histories of
the county proper, with its courts and officers, and of the bench and bar, as well as
notices of many of its prominent men. As far as it was possible these histories and notices
have been confided to local historians of acknowledged capacity for the work, a few of them
only having been prepared by other writers accustomed to historical research and po-ssessing
liter.iry skill. The chapters relating to the county, and the bench and bar, will be found of
especial value, entering, as they do, a field hitherto unexplored. In presenting these volumes,
while the publishers cannot expect to wholly escape criticism, they look with hope, if not
with confidence, for an approval of their work.

CONTENTS OF VOL. I.

GENERAL HISTORY.

CHAPTER I.

Middlesex County

CHAPTER II.
Bench and Bab xxiv

CITIES AKD TOWNS.

CHAPTER I.

Cambridge 1

lotroductloa.

CHAPTER 11.
CxyiBRiTXiE—iContimied) 4

The IndiaDS of Cambridge aod Vicinit}*.

CHAPTER III.
Cambridge— ( 0)»i<inu€rf) 11

Ecclesiastical History.

CHAPTER rv.
Cambridge— I Continued) 77

Harvard Univereity.

CHAPTER V.
Cambridge — {ContinuM) 140

The DiviDUj School of Harrard Uoivervity.

CHAPTER VI.
Ca.mbridge— ( C)n(mu«<i) 142

Tbe Public Schools.

CHAPTER VII.
Cambridge — {Continued) 151

Literature.

CHAPTER VIII.
Cambridge — {Continued) 153

Musical,

CHAPTER IX.

Cambriikje — {Continued) 158

Medical Uistory.

CHAPTER X.

Cambridge — (Continued) 176

MiliUry.

CHAPTER XI.

Ca-MBRIDGE — (Continued) 190

Civil History.

CHAPTER XII.

Cambridge— (Continued) 198

Baoldog and losarmDce.

CHAPTER Xin.

Cambridge — {Continued) 201

MaDufactariDg aud Industrial.

CHAPTER XIV.
Ca.mbridge — {Continued) 210

Miscellaneous.

CHAPTER XV.
Acton 238

CHAPTER XVI.

ASHBY 306

Description.

CHAPTER XVII.

AsHBY — (Continued) 314

MecbAnical lodustriee.

CHAPTER XVIIL

AsHBY — [Continued)

Ecclesiastical Affairs.

M

CONTENTS.

CHAPTER XTX.

A SUBY— {Continued) 319

The Great Cirll War.

CHAPTER XX.

AasBY— {Continued) 319

MIscellaneoiu.

CHAPTER XXr.

AsHBY— {Continued) 325

Civil Huturj.

CHAPTER XXir.

ASHBY— {Continued) 327

Poat'Officea, PbyBicianB, Agricultural, Peraooa) Notices,

CHAPTER XXIir.
WOBURN 334

lotrodaction.

CHAPTER XXIV.

WoBL-RH— {Continued) 3.?6

Civi] Hiator; to 1800.

CHAPTER XXV.

WoBrRN — {Cojitinued) 355

CiTil Hlatai7 from 1800 to Present Time.

CHAPfER XXVT.

WoBUBN — {Continued) 365

Woburn as a City.

CHAPTER XXVn.

Woburn— (OwUmu**/) 366

The M«dlc&l and Legal Prefeetiolu: Golooiat, ProTiDcial and
Later Periods.

CHAPTER XXVIII.

WoBFRN — (CoTUinued) ■ 377

Military Uistory— Tbe Colonial and Provincial Periods,
1642-1775.

CHAPTER XXIX.

WoBtJBN— (CbTirinued) 389

MUitarr History — The Revolutionarr and Later Periods to
1861, etc.— The Civil War vt 1861-65.

CHAPTER XXX.

VfoBVRV— (Continued) 410

Biographical Notices.

CHAPTER XXXI.
Woburn — (Continued) 414

Eocleaiaatlcal History.

CHAPTER XXXII.
Shirley 466

CHAPTER XXXIII.
Weston 486

CHAPTER XXXIV.

Weston— (CWinittid) 498

Biographical.

CHAPTER XXXV.

Natick

Natural Features And Productjoos.

CHAPTER XXXVr.

Natick — (Continued)

lodian SettlemeDt. 1650-1700.

512

514

I CHAPTER XXXVir.

j Natick — [Continued) . . ■ 520

1700-1800: ADomaloDB ConditioD of the Townehlp— Change
io the IndlaD GoverDmenl — Their Records — Population--
Acts as Proprietors — Allotment of Lands— Sale of the
Same— Xatick as a Parieh— Acts of General Court Belnt-
ing to it — Parish Meetings— Warning Out of Town — In
the Revolutionary War — Parish Declanttion Regarding
Independence — Natick Soldiers — <.»ach of Allegiance —
Town Incorporated.

CHAPTER XXXVITT.

XatijTK — {Continued) 525

1800-1890; Prospects of the Town more Encouraging —
General Progreas — Town Ac'ion Respecting the Pastors of
the Church — Town Hall Erected — The Town in Suppress*
IDR the Great Rebellion— Losses in the same — Financial
Condition— The Centenniiil Celebnition— Town Ofttcers
and Representative in the General Court.

CH.APTER XXXIX.

'Sktics.— (Continued) 536

Ecclesiastical: Or^nization or (lie Indian Churcb —
Eliot's Translation of tbe Bible— The Printing and Dis-
tribution or the same— Mr. Eliot's Death— Memorial ^yin-
dows to Perpetuate his Memory— Pastor Takawambait —
Rev. Messrs. Peabody and Badger Missionaries to the
Natick Indians — Organisation of tbe Congregational
Church in the Centre of the Town — Sketches of its Pas-
torx— The Baptist Church— Tbe Methodist Episcopal
Church — St Paul's Episcopal Church — Tbe Roman Catho-
lic Churches— The Unitarian or Eliot Church— The John
Eliot Church— The Univetsalist Church.

CHAPTER XL.

Nat'ick — (Continued) 546

Edpcattonal; Schools — Libraries — Morse Institute— College
and UniTersity Honors.

CHAPTER XLI.

Natick — (Continued) 553

MlecELUkHEous: Population — Water Department — Fire De-
partment— Natick Gas-Light Company— Natick Electric
Company— Natick National Buk— Natitk Five-Centa
SaTings Bank— Henry Wilson Cooperative Bank— Poat-
Offlces- ManufActoren — South Natick Business— Ceraeter-
iea — Lawyers — Physicians — iCxpress ITompanies — Coal,
Wood, etc.— The Press— Biographical.

CHAPTER XLII.

TOWNSEND ''fiS

CHAPTER XLIII.
Lexington 604

Topography and Scenery.

CHAPTER XLIV.

Lexington — { CoiUintied) 606

Civil History.

CONTENTS.

CHAPTER XLV. I

Lexington — iConlinued) 615 , jj^

MilitHry History.

CHAPTER XLVI.

Lkxixgton — (Continued) fi21

Education— Scliool.i aDd Librariei.

CHAPTER XLVII.

Lexington — {Continued)

CHAPTER LIV.

623

Ecclesiastical Affairs — Churches, Sunday-Scbools huJ Beuev-
cleDt OrganizatioDd.

CHAPTER XLVIII.
Lexington' — (Continued)

f30

RLISr.G

708

CHAPTER LV.

Midcellaneoue.

CHAPTER XLIX.

Dunstable 736

Present CoQtiitiou of the Towo— TupograpUy— Bofiiaess
Toterests.

CHAPTER LVI.

Dunstable— (CWinuerf) 738

Origin and Early Settlement— IC43-I723.

CHAPTER LVn.

DiN^TABi.E — (CorUinued) 742

<-'uutinued Attacks from the Indians — Growth of tbe Town —
Church and School Affairs — 1723-1708.

Stow 637

CHAPTER LVIir.

CHAPTER L. I r. f^ ,. ,. _^.

I DiNSTABLE— (Con<inued) 751

BlRI-INGTON 663 ! The Town as Bapresented lu the American Berolntlon—

Introduction. Educational, Religious and other Aflain— 176S-I820.

CHAPTER LL

BcRi.iNiiToN- (Con/iTiKet/) t'65 !

Civil History.

CHAPTER Lir.

BuKLixcTON — (Continued) 670

Ecclediaslical History.

CHAPTER LIX.

Dunstable — (Continued) 757

Church Erected — Soldiers in tbe War of the RebellioD— Dun-
stable Cornet Band Formed — Naahaa, Acton and Boston
Railroad Opened— Bl-Centennial Celebration— I82I-I890.

CHAPTER LIIL
.Shebborn 680 j

CHAPTER LX.

Dunstable — ( CojUinued)

Biographical.

762

GENERAL HISTORY.

CHAPTER I.

MIDDLESEX COUNTY.

BY WILLI \M r. DAVIS.

Though it may be assumed that the reader is fam-
iliar with the history of the settlement of Massachu-
setts Colony, it may be well to hastily recount its chief
incidents occurring before the incorporation of the
county which includes a part of its territory.

On the 20th of April, 160(), Kiu^ James issued let-
ters-patent dividing a strip of land one hundred miles
wide along the Atlantic coast of North America, ex-
tending from the thirty-fourth to the forty-fifth de-
gree of nortli latitude, between two companies, gener-
ally called the Southern and Northern Virginia Com-
panies. This territory was known as Virginia, so
called after Queen Elizabeth. The Southern Company
was composed of knights, gentlemen, merchants and
adventurers of London, and was granted all the lands
between the thirty-fourth and forty-first degrees ;
while the Northern Company, composed of persons of
the same description, was granted the lands between
the thirty-eighth and forty-fifth degrees. That por-
tion lying between the thirty-eighth and forty-fifth
which was included in both grants was open to the
company first occupying it; and it was stipulated
that neither company should settle within one hun-
dred miles of any previous settlement of the other
company. On the 3d of November, 1620, Sir Ferdi-
nand Gorges aud his associates, the members of the
Northern Virginia Company, received a new patent,
which passed the seal on the 3d of the following
July under the title of "The council established at
Plymouth, in the county of Devon, for the planting,
ordering, ruling and governing of New England in
America." Under this patent the company was au-
thorized to hold territory extending from sea to sea
and in breadth from the fortieth to the forty-eighth
degree of north latitude ; and to make laws, appoint
governors and other officers and generally to estab-
lish all necessary forms of government.

The motive inspiring the i^sue of this new patent
seems to have been to show special favors to this com-

pany and to inflict thereby a slight on the Southern
Company. The King had for some reason fallen out
with Sir Edwin Sandys the governor and treasurer of
the Southern Company, and forebade his re-election.
The Earl of Southampton, the successor of Sir Ed-
win, was equally obnoxious to the King, and the new
charter of the Northern Company was the conse-
quence. The new patent included all the terri-
tory between Central New Jersey and the Gulf of
St. Lawrence on the Atlantic coast and the north-
ern part of California, Oregon and nearly all of
Washington on the Pacific, with a line running
through Lake Superior for its northern boundary
and one through Pennsylvania, Ohio, Indiana and
Illinois for its southern.

The colony settling at Plymouth in 1620 had re-
ceived a patent from the Southern Company author-
izing a settlement within their territory at some point
south of New York harbor ; but finding themselves
outside of the jurisdiction of the company from whom
they had received their patent, they sent by the " May-
flower," on her return, for a patent from the Northern
Company. The Northern Company, under its new
charter, consequently issued a patent, under date of
June 1, 1621, to John Pierce and his associates in
trust for the Plymouth Colony. This patent was
brought to Plymouth in 1621 in the ship " Fortune," and
is preserved in Pilgrim Hall in that town. It is en-
grossed on parchment and bears the signatures of the
Duke of Lenox, the Marquis of Hamilton, the Earl
of Warwick, Lord Sheffield and Sir Ferdinand Gor-
ges. Another signature is illegible, which may be
that of either Thomas, Earl of Arundel, or the Mar-
quis of Buckingham. This is the oldest state paper
in New England.

On the 30th of December, 1622, the Northern Com-
pany, which, for convenience, may be still so called,
notwithstanding its new charter and change of title,
granted to Robert Grorges all that part of the main
land " commonly called or known by the name of the
Messachusiack " situated " upon the northeast side of
the Bay called or known by the name of the Messachu-
sett." This included the shore " for ten English
miles towards the northeast and thirty English miles
unto the main land through all the breadth afore^

11

HISTORY OF MIDDLESEX COUNTY, MASSACHUSETTS.

said," with all the rivers, islands, etc. This grant in-
cluded a part of Middlesex Connty. Up to this date
the only white men known to have visited this local-
ity were John Smith, the navigator, who visited it in
1614, and a party of ten members of the Plymouth
Colony who came by water from Plymouth on an ex-
pedition, partly to trade and partly to conclude peace
with the Massachusetts Indians. It is probable that
on this expedition Point Allerton and the Brewsters,
, at the entrance of Boston harbor, received their names
from Isaac Allerton and William Brewster, two of
the " Mayflower " Pilgrims.

John Smith, after his expedition to Virginia in
1606, in the service of the Southern Virginia Com-
pany and some years connection with the Virginia
colony, returned to England, and in 1614 sailed with
two ships under the auspices of English adventurers
'' to take whales and also to make trials of a mine of
gold and copper." He anchored his vessels near the
mouth of the Penobscot River and sailed with eight
men in a shallop along the coast as far as Cape Cod,
giving the name of New England to the country and
" drawing a map from point to point, isle to isle, and
harbor to harbor, with the soundings, sands, rocks and
landmarks.'" After his return to England Prince
Charles, afterwards Charles the First, attached names
to many places on the coast as indicated on the map,
of which only Plymouth, Charles River, named after
himself, and Cape Anne, named after his mother,
Anne of Denmark, still adhere to the localities then
designated. Among the many other names affixed to
the map by Prince Charles were Cape James for Cape
Cod, Milford Haven for Provincetown Harbor, Stu-
ard's Bay for Barnstable Bay, Point George for
Branches Point, Oxford for Marshfield, London for
Cohasset, Cheviot Hills for the Blue Hills, Talbot's
Bay for Gloucester Harbor, and Dartmouth, Sandwich
and Cambridge for places near Portland. It is possi-
ble that besides John Smith and the Pilgrim party,
De Mont«, with Champlain, may have also visited this
locality in 1604.

Robert Grorges, having received the grant above-
mentioned in 1622, was appointed by the Plymouth
Council in 1623 Lieutenant-General of New England,
and arrived in Maasachusetta Bay in September of
that year, with what are described in the record as
" passengers and families." At the end of a year,
after futile eflbrts to establish his colony, he returned
to England, and at his death, which soon after oc-
curred, his brother John, to whom his rights had de-
scended, leased a portion of his grant to John Old-
ham and John Dorrill. This lease included " all the
lands within the Massachusetts Bay between Charles
River and Abonsett (now Saugus River) containing in
length by straight line five miles up the Charles
River into the main land northwest from the bord»r
of said bay, including all creeks and points by the
way ; and three miles in length irom the mouth of
the aforesaid river Abousett up into the main land.

upon a straight line southwest, including all creeks
and points; and all the land in breadth and length
between the foresaid rivers, with all prerogatives,
royal mines excepted.

la the mean time the same territory which had been
granted to Robert Gorges had been granted, with
other lands, to the Massachusetts Company. By this
grant, dated March 19, 1627-28, the Plymouth Council
issued a patent to Sir John Roswell, Sir John Young,
Thomas Southcoat, John Humphrey, John Endicott,
and Simon Whitcomb covering a territory extending
from three miles north oi the Merrimac River to three
miles south of the Charles River. The following is the
text of the letters-patent issued March 4, 1628-i!9 :

"Charles By The Grace of God Kinge of England, Scuttand, Fraunce
and Ireland, Defender of the Fayth etc. To All to whonie these Presents
shall cume Greeting. "Wliereas our most deare and rovHll father Kioge
James, of blessed memory, by his Highness letters jiatents beareing -date
at Westminster the third day of November in the eighteenth yeare of
his raigne, hath given and graunted unto the Cuuncell eslablished at
Plymouth, in the county of Devon, for the planting, ruling, ordering
and governing of Newe England in .\nierica, and to their successors
and assignes for ever ; .\I1 that parte of .\merica lyeing and being in
bredtb from forty degrees of northerly latitude from the equinoctiall
lyne to forty-eight degrees of the saide northerly latitude inclusively,
and in length of and within all the breadth aforesaid throughout the
maine landes from sAa to sea, together also with all the llnne lands,
soyles, groundes, havens, portes, rivers, waters, fishery, myuesand myn-
er&lls, as well royall mynes of gould and silver as other mynes and
myneralls, precious stones, quarries and all and singular other contodi-
ttea, jurisdiccons, royalties, priviledges, franchesies and prehemynences,
both within the said tract of lande upon the mayoe and also within the
islandes and seua adioining ; Provided alwayes That the said islandes or
any the premises by the said letters patents intended and meant to be
graunted were not then actuallie possessed or inhabited by any other
Christian Prince or State now within the bounds, lymitts or territories
of the Soutbeme Colony then before graunted by our said deare father,
to be pUnted by divers of his loving subiecta In the south paites. To
Have and to houlde, posseese and enioy all and singular the aforesaid
continent, landes, territories. Islands, hereditaments and precincts, seas,
waters, flsherys, with all and all manner their comudities, royalties,
liberties, prehemynences and prohtts that should from thenceforth arise
from thence, with all and singular their appurtenances and every parte
and parcell thereof unto the aside Councell and their successors and
aaeigoes forever. To the sole and proper use, benetitt and behoofe of
them the saide Coancell and their successors and assignes forever ; To
be honlden of otir said most deare and royall father, his heires and suc-
ceawiv as of his manaor of Eaatgreeoewich, in the County of Kent in
free and comon Soccage, and not in capite nor b}' Knights service.
Yeildlnge and paying tbeiefure to the saide late Kinge, his heir%s and
successors, the flfte parte of the oare of gould and silver which should,
from tyme to tyme and at all tymes thereafter, happen to be found,
gotten, had and obteyned in, att or within any of the saide landes,
lymltta, territories and precincts, or, in or within any parte or parcell
thereof, for or in respect of all and all manner of duties, demauuds and
services whatsoever to be don, made or paide to our saide dear father,
the late Kinge, his heires and successors, as in and by the said letters
patent (amoogest sundrie other clauses, powers, priviledges and grauntes
therein couteyned) more at large appeareth. And whereas the saide
Councell established at Plymouth, in the County of Devon, for the
plantings, ruling, ordering and governing of Newe England in America,
have by their deede indented under their comon seale bearing date the
aynetaentb day of March Isst past in the third year of our raigne, given,
graunted, bargained, soulde, enfeoffed, aliened aud confirmed to Sir
Henry Roeewell, Sir John Young Knightes, Thomas Southcott, John
Humphrey, John Endecott and Symon Whetcombe, their heirs and as-
sociates for ever. All that parte of Newe England in America aforesaid
which lyes and extendes betweene a greats river there comonlie called
Monomack alhia Merriemack and a certen other river there called
Charles river, being in the bottome of a ceriayne bay there comonly
called Maaachtiaetts alias Mattachusetts alias Massatnsetts bay, and also
all and aingalar those landes and hereditaments whatsoever lying with*

MIDDLESEX COUNTY.

ui

in the space of three English miles oo tlie south parte of the said
Charles river, or of any or overie parte thereof: And also all and ain^-
lar the landcs and hereditaments wtmtsoever lyeing and being within the
space of three English niyles to the suuthwarde of the soutliermoat parte
of the said bay called Massachusetts ulias Slat tochtisetts alias Massatusets
bay : and also all those luudes and hereditaments whatsoever which lye
and be within the space uf three English myles to the northward of the
saido river called MoQomack alias Merrymack, on to the northward of
any and every parte theieof: And all landea and hereditaments whatso-
ever lying within the lymitts aforesaide, north and south, in latitude
and hredth, and in length and longitude, of and within all the bredtb
aforesaide throughout the niayne landes there, from the Atlauttck and
westerne sea and ocean on the east parte^ to the south sea on the west
parte, and all landes and grouudes, place and places, aoylbs, wotides and
wood grouudes' }inveiui, portes, rivers, waters, flslnngs and lieredita-
uieiits, whatsoever, lyoing within the said bonndes aud tymittsand
everie parte and parcell thereof ; Aud also all islundes lyeiugin America
aforesaide in rtaid seas ur either of them on the westerne or eaateme
constes or partes of the eaide trades of lande by the saide indenture,
menroe^l to he given, graunted, bart;uined, sould, enfeoffed, alieneit and
confirmed or any of them : And iilsii all iiiyiies and utynemlls, as well
royall mynes of gonld aud silver sis other niyni'S and inynerall^ what-
soever in the saide landes aud prerniiics or any |iarte thereof: And all
jurisdiccons, rights, royalties, liberties, frcedonies, ymuitinities, privi-
ledges, franchises, iireheni'-ninci's and cutULtJities whatsoever which
they, the said Councell. ciilahlisht-d al Plymouth, iu the I'ounty of
Devuii, for the planting, nileing, ordereing and governing of Newe
England in America, then bad or might use, exercise or enioy in and
within the saiil landcs aud premisses by the suide indenture uiencoeil to
be given, gniunted, bargained, ^^oiild, t^nfeott'ed aud confirmed or iuor
within any parte or parcell thereof. To have aud to honid the saide
parte of Newe Knglaud in America, which lyes and exteudes and is
abutted iis aforesaide, and evfry iKirte ami parcell thereof; And all the
saide iilandes, rivers, iwrtt's, havens, waters, fishings, inynes aud min-
eralls, jurisdiccons, fmuL'IiiscH, royalties, liberties, priviledges, comodi
ties, hereditaments aud premisses whatsoever with the appurtenances
unto the said 8ir Henry Hosewell, Sir John Vouuge, Thomas Southcottf
John Uuuifrey, John Endecott aud Simon Whetcombe, their heires
and assignes and their aasociats to the oiilie proper and nbsotuie use and
behoofo of the paid ^^i^ Henry Uosewell, Sir John Younge, Thomas
^outhcott, John llumfrey, John Kiidecott ami Symon Whettccombe,
their heirea and asei^ues aud their ossociatts for cvermon*. To be
lloulden of us, our hrin-^ ami succetsurs, its uf uur mannornf East-
greetiewich in the Cuiinty of Kent, in tree* and conion socage and not
in capite, nor by ICnightes Kwrvice, ycilding and payeing therefore unto
Its, our licircs aud successors, the (iftc parte of the oare of gouhl and
dilver which f-hall, from tyme tn lyme and all tyniea hereafter, happen
to be founde, gotten, hail ami ubtjiyued in any of the saide lauiles with-
in the Mrtide lymitts ur in or within any gtnrte thereof, for and in 'Vitis-
facon of all manner, duties, deniuunds and services whatsoever, to be
doun. made or |iaid to us, uur heirea ur .succeioors, as in and by the
saide recid--d indi.*ntnre more at large maie apfteare. Nowe knowe yee
that wee, ut the humble »<uito ami jwlicon uf the »aid Sir Henry Rose-
well, Sir John Vonugt-, Thomas Aouthcott, John Hurafrey, John Ende-
cott and Siuiun Whetcombe and of utiiers whi>m they have associated
unto them, Havo fur divers good causes and cuus-.deracons us movcing,
graunted and oontirmed, And by thea presents, of our own especiall grace
certon knowledge and mei-re mocon.tloe graunt and conlinne unto the
saide Sir Henry Itosewell, Sir John Younge, Thomas Southcutt, John
llumfrey, John Endecott and Simon Whetcombe, and to their aaaociats
hereafter named [videlicet] Sir Richard Saltonstall Knight, laaack
Johnson, Samuel Aldersey, John Yen, ^lathew Cradock, George Har-
wood, Increaee Nowcll, Richard Perry, Richard Detlingham, Nathaniell
\Vright, Samnell Vassall, Theophiius Eaton, Thomas Goffe, Thomas
AJams, John Browne, Samnell Browne, Thomas Hutchina, William
Vassall, William Pincbconand Geurge Foxcrofte, their heirea and as-
signea, all the said parte of New England in America, lyeing and ex-
tending betweene the L>ouade8 aud lymitts in the said recited indenture
expressed, and all landes and groumles, place and places, soylea, woodes
and wood gronndes, havens, portea, rivers, waters, mynee, mineralls,
jurisdiccons, rights, royalties, liberties, freedomea, immunities, privi-
ledges, franchiaes, prebeminences, hereditaments and comodities what-
soever to them, the saide Sir Henry Rosewell, Sir John Tonnge,
Thomas Southcott, John Humfrey, John Endecott and Simon Whet-
combe, their heires and asaignes and to their associates by the aaide
recited indenture given, graunted, bargayned, sold, enfeoffed, aliened

and confirmed or mencoed or intended thereby to be given, grmonted,
bargayned, sold, enfeoffed, aliened and confirmed. To have and to
bould the saide parte of Newe England in America and other the prem-
isses hereby mencoed to be graunted and confirmed, and every parte and
parcell thereof with the appurtenances to the said Sir Henry Roeewell,
Sir John Younge, Sir Richard Saltonstall, Thomas Southcott, Joho
Humfrey, John Endecott, Simon Whetcombe, Isaack Johnson, Samnell
Aldersey, John Yen, Mathewe Cradock, Qeorge Harwood, Increaie
Nowell, Richard Pery« Richard Betlingbom, Nathaniell Wright, Sam-
uoll VasBalt, Theophiius Eaton, Thomas Goffe, Thomas Adams, John
Browne, Samnell Browne, Thomas Hutcbins, William Vassall, William
Pincheon and George Foxcrofte, their heires and assignee forever to
their oulie proper and absolute use and behoofe for evermore. To be
holden of us, our heirea and successors as of onr mannor of Eastgreene*
wich aforesaid in free and comon socage and not in capite nor by
knights service, and alao yeilding and paying therefore to us, our heires
and Huccetfsors, the fifth parte onlie of all oare of gould and silver which
from tyme to tyme aud att all tymes hereafter sbalbe ther^ gotten, had
or obteyned for all services, e\acona and demaunda whataoever accord-
ing to the tenure and reservacion in the said recited indenture expressed.
Aud further knowe yee That of our more especiall grace, certen knowU
edg and meere niocon Wee have given and graunted. And by thels
presents doe for ua, our heires and aucceasors, give and graunt unto the
said Henry Rosewell, Sir John Younge, Sir Richard Saltonstall, Thomas
Southcott, John Humfrey, John Endecott, Symon Whetcombe, Isaack
Johnson, Samuell AlJersey, John Yen, Mathewe Cradock, George Har-
wood, Increase Nowell, Richard Pery, Richard Billingham, Nathaniell
Wright, Samuell Vitasall, Theophiius Eaton, Thomaa Goffe, Thomas
Adams, John Browne, Samuell Browne, Thomas Uutchens, William
Vaasall, William Pincheon and George FoxcroHe, their heires and aa-
signes, All that parte of Newe England in America whiob lyes and ex-
tondea betweene a great river there comonlie called Monomack river
alias Slerrimack river and a cerien other river there called Charles
River, being in the bottome of a certen t>ay, there comonlie called
Maasacbusetta alias Mattachusetta alias Maasatnaetts bay: And also all
those landea and hereditaments whatsoever which lye and be within the
space of three English mylea to the northward of the saide river called
Monomack alias Merrymack, or to the norward of any and every
parte thereof, and all lands and hereditaments whatsoever lyeing within
the lymitts aforesaide north and south in latitude and bredtb and In
length and longitude of and within all the bredtb aforeoftide throughout
the mayne landea there from the Atlantick and westerne sea and ocean
on the east parte to tbeaouth sea on the west parte ; And all landea and
groundes, place and places, soylea, woodes and wood groundea, havens,
portea, rivers, waters and hereditaments whatsoever lying within the
said boundesaud lymitta, and every parte and parcell thereof, and also
all isiandes iu America aforeaaide in the said aeas or either of them on
the westerne or easteme coastes or parts of the said tracts of landes here-
by mencoed to be given and graunted or any of them, and all mynes
and myneralta whatsoever in the said landes and premisses or any parta
thereof and free libertie of fishing in or within any the rivers or waters
within the bonndes aud lymytts aforesaid and the aeu thereunto ad-
ioining : And all fishes, royal fishes, whalea, balan, sturgeons ana other
fishes of what kiude or nature soever that shall at any tyme hereafter
be taken in or within the said seas or waters or any of them by the said
Sir Henry Boeewell, Sir John Younge, Sir Richard Saltonstall, Thomas
Southcott, John Humfrey, John Endecott, Simon Whetcombe, Isaack
Johnson, Samuel Alderaey, John Yen, Uathewe Cradock, George Har-
wood, Increase Noell, Richard Pery, Richard Belllngham, Nathaniell
Wright, Samuell Yoasall, Tbeopbelna Eaton, Thomas Goffe, Thomas
Adama, John Browne, Samuell Browne, Thomas Hntcbens, William
Vassall, William Pincheon and Geerge Foxcrofte, their heires and
oaaignes or by any other person or peraons whatsoever there inhabiting
by them or any of them to be appointed to fishe therein. Provided
alwayes that yf the said landea, ialandea or any other the premiases
herein before mencoed and by their presents intended and meant to be
graunted were at the tyme of the granntlng of the saide former letten
patents dated the third day of November in the eighteenth year of oar
said deare fathers raigne aforesaid actually possessed or Inhabited by
any other Cbriatian Prince or State, or were within the^boondev, lymytts
or territories of that aonthem colony then before graanted by nor said
late father, to be planted by diverB of hia loveing subjects in the sooth
partes of America, That then this present grannt shall not extend to
any such partes or parcella thereof soe formerly inhabited or lyeing
within the boundes of the soatheroe plaotacon as aforesaide, bat as to
those partes or parcelU soe possessed or inhabited by snch Christiaa

IV

HISTORY OF MIDDLESEX COUNTY, MASSACHUSETTS.

Prince or State or being within the bounders aforesaid shalbe utterly
Toydf their preeents or any thinge therein conteyned to the coiitrarie
notwithstanding. To Have and to honld, poasesse and enioy the satde
partes of Newe England io America which lye, extend and are abutted
asaforraaide and every parte and parcell therof; And all the islandes,
rlTeTB, portee, bavena, waters, fisbinge, flehea. mynes, minoralts, juns-
dlccons, franchises, royalties, liberties, priviledges, comoditleB and prem>
iees whataoerer with the appurtenances unto the said Sir Ilenry Roee-
well. Sir John Tounge, Sir Richard Saltonstall, Tbomae Sonthcott. John
Humfrey, John Eudecott, Simon Whetcombe, Isaack Johnson, Samuell
Aldeney, John Yen, Mathewe Cradock, George Harwood, IncreaM
Nowell. Richard Perry, Bichard Bellingham, Nathaniel Wright, Sam-
uel Vaasall, Tbeophllns Eaton, Thomas Goffe, Thomas Adums, John
Browne, Samnelt Browne, Thomas Hatcbons, William Yaasall, William
Plncbeon and George Foxcroft, their heires and assignee foi-erer to the
onlie proper and absolute urn and befaoufe of the said Sir Henry
Roeewell, Sir John f ounge, Sir Richard Saltonetall, Thomas Soutbcott,
John Hampbrey, John Endecott, Simon Whntcombe, Isaac Johnson,
Samnell Aldersey, John Ven, Mathewe Cradocke, George Harwood, In-
crease Nowell, Richard Pery, Bichard Belllngbam, Nathaniell Wright.
Samuel Yaasall, Tbeopbtlus Eutoo, Thomas Goffe, Thomas Adams, John
Browne, Samuell Browne, Thomas Hutcliena, William Yassall, AVilliam
PIncheoD and George Foxcroft, their beires and assigaee forevermore.
To be bolden of us, our heires and successors ne of our mannor of East-
greenewicb, in our Ckiuntie of Keut, within our realme of England, in
free and comoo socage, and not in capite nor by Knight's service ; and
also yeilding and payeing therefore to ua, our heires and successora (he
flfte parte onlie of all oare of ^uld and silver which from tymetotyme,
and at all times hereafter, shalbe there gotten, had or obteyned for all
aerrices, exaccons and demaundes whatsoever, Pro\ided alwaies and
our expresae will and meanenge isThat onlte one-fifte parte of the gould
and silver oare abovemencoed in the whole and noe more be reserved
or payeable unto us, our beires and succeseors by collour nr verttie of
their presents. The double reservacons or recitals aforesaid or any
thinge herein conteyned notwitbatandiog. And foreosmuch as the good
and proeperons successe of the plantacon of the saide parteR of Newe
England aforeeaide intended by tbe said Sir Henry Roeewell, Sir Jnhn
Younge, Sir Richard Saltonstall, Thomas Soutbcott, John Humphrey,
John Endecott, Simon Whetcombe, Isaack Johnson, Samuell Aldersey,
John Yen, Mathewe Cradock, George Harwood, Increase Noell, Richard
Perry, Bichard Bellingham, Nathaniell Wright, Samnell Yaasal, Tbe-
opbilus Eaton, Thomas GuSe, Thomas Adams, John Browne, Samuell
Browne, Thomas Hutchena, William Vossall, William Pincbeon and
George Foxcrofte to be speedily set upon, cannot but chiefly depend next
under the blessing of Almightie God and the support uf our royal
anthoritie npoD the good government of the same, To tbe ende that the
affaires, bnyssiaesBes which ftom tyme to tyme shall happen and arise
concerolnK the sold landes and tbe plantation of the same maie be the
better managed and ordered. Wee have furiber, hereby, of ourespeciall
grace, certan knowledge and meere mocon given, grauuted and confirmed
And for us, our heires and successoredoe give, grauntaud confirme unto
tbe saide tmstee and welbeloved subjects,Sir Henry Roeewell, Sir John
ToDOge, Sir Richard Saltonstall, Thomas SouthcotC, John Humphrey,
John Endecott, Simon \Yhetcombe, Isaack Johnson, Simon Aldersey,
John Yen, Mathewe Cradock, George Harwood, Increase Nowetl, Rich-
ard Pery, Richard Bellingham, Nathaniell Wright, Samuel Yaasal, The-
opbilos Eaton, Thomas Goffe, Thomas Adams, John Browne, Samnell
Browne, Thomas Hntcfaens, William Vasaall, William Pincbeon and
George Foxcrofte: And for us, our heires and succenora wee will and
ordeyne That the saide Sir Henry flosewell. Sir John Young, Sir Bichard
Saltonstall, Thomas Soutbcott, John Humphrey, John Endecott, S) mon
Whetcombe, Isaack Johnson, Samuel Aldersey, John Yen, Mathewe
Cradock, George Harwood, Increase Noell, Richard Pery, Richard Bell-
ingham, Nathaniell Wright, Samnel YasBall, Theopliilus E^ton, Thomas
Goffe, Thomas Adama, John Browne, Samuell Browne, Thomas Hutch-
ens, William Yaasall, William Pincbeon and George Foxcrofle and all
snch others as shall hereafter be admitted and made free of the Com-
pany and Society hereafter mencoed shall from tyme to tyme and at all
^mes for ever hereafter be by vertne of tbeis presents one body cor-
porate and politique, in fact and name, by the name of the Governor and
Company of the Mattachuselts Bay, in Newe England : And them by
tbe name of the Crovernor and Company of the Mattachusetts Bay in
Newe England, one bodie politique and corporate in deede, fact and
name. Wee doe for nt, our beires and successors make, ordeyne, consti-
tota and conflrme by thels presents, and that by that name they shall
hare parpetnall snocealon. And that by the same name they and their

successors shall and maie be capeable and enabled, as well, to implead
and to be impleaded, and to prosecute, demaund and auoFwere and be
aunsweared unto on all and singular suites, causes, quarrelf) and accone,
of what kiod or nature eoever. And also to have, Ixike, possesee, acquire
and purchase auy laodea, tenemeuta or lieriditameuts or any goods or
chattella, and (he same to leave, graunt, deniene, alien, bargaine, sell
and dispose of as other our liege people of this our realme of England or
any other corporacon or body politique of tbe same maie lawfnllie doe :
And further that the said Governor and Companye and their eucceesors
male have forever one conion eeale, to be used in alt causes and occa-
sions of the said Company, and the game aeule maie alter, chatinge,
breake and newe make from tyme to tyme at their pleasures, And our
will and pleaaure is, And we do hereby, fur ua, our lieirea and aucceasors,
ordeyne and g^untc That from henceforth, for ever, there shalbe one
Governor, one Deputy Governor aud cigbteene aseistnuts of the same
Company to be from tyme to tyme constituted, elected and L-liosen out of
the freemen of the saide Company fur the tjme being in such manner
and forme as hereafter in theia preaenta is expressed. Which t;aid offi-
cers ahall applie themselvea to take care for the best (iisposeing and or-
dering of the general! buyainee aud affitires of, for and concerning the
saide lands and premisses hereby meocood to be graiinied, and the plan-
tacion thereof, and the governnieut of the people theie. And for the
better execucon of our royal pteaHure, and graunt in their behalf, wee
iloe, by tbeia presents, for ua, our heires and successors, uoniinate, or-
deyne, make and constitute our wet)>eloved, the isnide Mathewe Crad-
ock, to be the first and pff^aent Governor of the fjaid fniupauy, aud tbe
aaid Thomas Goffe to be Deputy Governor of thesaidf Company, and the
«aid Sir Richard Saltonstall, Isaack .lohnson, Sdnmell Aldersey, John
Ven, John Humphrey, John Eudecott, Simon W hetconibt-, Increase
Noell, Richard Pery, Nathaniell Wright, Suniuell A'assall, Tlieoi>hilU8
Eaton, Thomas Adamti, Thomas Hutchena, John Bron ne, George Fox-
crofte. William Vassal I and AVjIlium Pincbeon ro he tbe present Assist-
ants of the saide Company, to continue iu the saiiie aevenill offices re-
apectivelie for sucli tyme and in t-iich manner un in and by theis pres-
ents ia hereafter declared and appointeil. And further we will and by
theis presenta for us, our heires and successors, doe unlayno and graunt,
That tbe Governor of the saide Company, for the tyme being, or, in his
absence, by occasion of slcknes, it other^vise, the Deputie tiovernur, for
the tyme being, ahall have authoritle, from tyme to tyme, upon all oica-
aions, to give order for the auscmbling of the snide ('ompHny and calling
them together to consult and adviHe of the Uucinesses and affaires of the
saide Company ; And that the said Governor, Deputie Governor and As-
sistants of the saido Company, for the t}nie being, e>ha)l or maie, once
every nionelb, or oftener,nttbeir pleasures assemble and houldeand keepe
a Courte or Assemblie of themselves for the better ordering aud direct-
ing of their affairea, .\nd that auy aeaven or more persons of the Assist-
ants, together with the Governor or Deputie Governor, aoe aaeenibled,
ijhalbe saide, taken, held and reputed to be and Bhalbc a full and suf-
ficient Courte or Assemblie of the saide Comiiany for the haudliug, or-
dering and dispatching of all such buysinessea and occuranta aa shall,
from tyme, to tyme happen, touchiug or conceruiug the said Company
or plantacon, and that there ahall or maie be held aud kept by the Gov-
ernor or Deputie Governor of the said Company, aud seaven or more of
tbe said Assistants, for the tyme being, upon every last Wednesday in
Hillary, Eaater. Trinity aud Michas terms respectivelie, for ever, one
greate general! and solempe Assemblie, which four Genendl Atg^embliea
shalbe stiled and called the Foiire Create and Gcucrall Courts of the
saide Company: In all and every or any of which said Create and
Generall Courta aoe assembled We doo for ua, our heirea and ouccessors,
give and praunte to the said Governor and Company and their auccessorH
That the Governor, or, in his absence, the Deputie Governor of the saide
Company, for tbe tyme being, and such of the Aasiatanta and freemen
of tbe saide Company as shalbe present or the greater number of them
soe assembled, whereof the Governor or Deputie Governor and six of the
Aaaifitanta at tbe least, to be aeaveu ahall have full power and anthoritie
to choose, nominate aud appoint; such, andsoo many others as they ahall
thiuke fitt, and that shall l>e willing to accept the same to be free of the
said Company and Body and them into the same to adniitt and to elect
and constitute such ofTicprs as they shall think fitt and requisite for the
ordering, mannaging aud dispatching of tbe affairea of the saide Gover-
nor and Company and their successors. And to make lawes aud ordinn-
ces for the good and welfare of the saide Company, and for the govern-
ment and ordering of the eaid lands and plantacon, and the people in-
habiting and to inbabite the aame as to them from tyme to tyme abalbe
thought meet, Soe as such lawes and ordinances be not contrarie or re-
pugnant to the lawea and statute of this our realme of England; And

MIDDLESEX COUNTY.

our will and pleasure is And we do hereby for us, our heires and suc-
cespors, establish and ordeyne Tliat yearely once in the yeare forever
liereafter, namely : the last Wednesday in Easter tearme yearely the
Governor, Deputy Governor and Assiptants of the said Company, and all
other officers of the saide Company shalbe in the Generall Court or
Assembly, to be held for that day or tymo newly chosen for the yeare
ensuelng by such greater parte of the said Company, for the tynie being,
then and there preseut as is aforesaide ; And yf it shall happen the
present GoTenior, Deputy Governor and Aasistanta by theis presents
appointed, or such as shall hereafter )« newly choaen into their roomes
or any of them or any other of the officers to be appointed for the said
Company to dye or to be remouved from hia or their several! offices or
places before the saide generati day of elecoo (whome we doe hereby de-
clare for any misdemeanor or defect to be removeable by the GoTemor,
Deputie Governor, .Vssistants and Company, orsuch greater parte of them
in any of the publique Courts to he assembled as aforesaid), Tbat then
and in every such case it shall and maie be lawfull to and for the Gov-
ernor, Deputie Governor, Assistants and Company aforesaide or such
greater parte of them soe to be assembled, as Is aloresaid, in any of their
assemblies to proceade to a new eleccon of one or more others of their
Company iu the roome or place, roomes ur places of such officer or offi-
cers soe dying or removed according to their discrecons. And ymediately
upon and after such eleccon and eleccons made of such Governor. Dep-
utie Governor, Assistant or Assistants, or any other offlceniof the saide
Company in manner and forme afuretuiid, the authoritie, office and
power before given to the former Governor, Deputie Governor, or other
officer and officers sife removed in whose steede and place newe shalbe
soe chosen, shall as to him and them and everie of them, cease and de-
termine. Provided also — and our will and pleasure i^ That as well such
as are by theis presents appointed to be the present Governor, Deputie
Governor and Assistants of the said Company as them tbat shall succeed
them, and all other officers to he appointed and chosen as aforesaid, —
shall, before they undertake the exaccon of their saide offices aud places
respectivelle, take their corponli oathes for the due and faithfnll per-
formance Df their duties in their severall offices and places t}t!fore sach
person or persons as are by theis presents hereunder appointed to take
and receive the same ; That is to saie, the said Mathewe Ct*adock — whoe
is hereby nominated and appointed the present Gov«rnor of the saide
Company — shall take the saide oathen before one or more of the Masters
of our Courte of Chauncery, for the tyme being, unto which Master or
Masters of the Chauncery Wee doe by theis presents give full power and
authoritie to take and administer the said oathe to the uaid Governor
accordingly. And after the saide Governor nhalbe soe sworne, then the
said Deputy Governor anil Assistants— before by theis presents nomi-
nated and appointed — ahall take the autl severall outhes to their offices
and places reapectlvelie Iwlonging, before the said Mathew Cradock, the
present (joveruor, soe fomierlie svvorne. :w aforesaide. .\nd every such
person as shalbe at the tyme of the annunll eleccon, or otherwise, upon
death or removeall, be appointed ti> be the newe Governor of the said
Company, shall take the oathes to that place belonging, before the Dep-
uty Governor or two of the Awietants of the said Company, at the least,
for the tyme being. And the newe elected Depntte Governor and Assist-
ants, and all other otficerB to he hereafter chosen, as aforesaide, from
tyme to tyme. to take the oathes to their places respectivelie tKlonging,
before the Governor of the said Company, for the tyme being, Unto
which said Governor, Deputie Governor and Assistants Wee doe by theis
presents give full power and authoritie to give and administer the said
oaths respectively, according to our true meaning, herein before de-
clared, without any comission or further warrant, to be had and ob-
teyned of us, our heires or successors, in that behalf, And Wee doe far-
ther, of our especiall grace, certain knowledge and meere raocon, for ns,
our heires and successors, give and grannt to the said Governor and
Company and their successors forever by theis presents That it shalbe
lawfull and free for them and their aasignes at all and every tyme and
tymes hereafter, oat of any oar realmeti or domynione whatsoever to
take, leade, cary and transport for and into their voyages, and for and
towards the said plantacon in Newe England, all sncb and soe many of
oar loving gubjecta or any other strangers that will become oar loving
subjects and live under onr allegiance, as shall willJDglie accompanie
them in the same voyages and plantacon, and also shipping armour,
weapons, ordenance, mnnicon, powder, shott, come, victaalls and all
manner of clothing, implements, furniture, beaates, cattle, borves,
mares; merchandizes and all other thinges necesaarie for the saide plsn-
tacon, and for their use and defence, and for trade with the people there,
and in passing and returning to and fro, any lawe or statute to the con-
trarie hereof in any wise notwithstanding, and without payeing or yield-

ing any CQStome, or subsedle, either Inward or outward, toua, our heires
or successors for the same by the space of seaven yeares from the day of the
dateoftbels presents, Provided that none of the saide persons be such as
shalbe hereafter byespecioll name restrayned by us, our heires or succes*
sors. And for their further encouragement of our eepeclall graca and favor
wee doe by theis presents for ua, oar heirs and succesora, yield and grannt
to the saide Governor and Company and their BuccesBora and every of
them their factors and assignes. That they and every of them shalbe free
and quitt from all taxes, subsidleB and customes in New England for the
like space of aeaven ye&rv, and from all taxefl and impoeicoiu for the
space of twenty and one yeares upon all goodes and merchandises at any
tyme or tymes hereafter, either upon importacon thither or exportacon
from thence into onrrealmeof England, or into any otherourdomyneons
by the saide Governor and Company and their succeaBors, their deputies,
factors and aasignes or any of them except onlie the five poundes per
centum due for custome opon all such goodes and mercbandises aa after
the aaide seaven yeares shalbe expired shalbe brought or imported into
our realms of England or any of onr dominions according to the aun-
cient trade of merchants, which five poande6 per centum onlie being palde
it shall be thenceforth lawfull and free for the said adventurers the
same goods and mercbandlBes to export and carry oat of our said domin-
ions into forrane partes without any costome, tax or other dutte to be paid
to na, oar heirs or sncceflsors, or to any other officers or ministers of us
our heires and succeaBora. Provided that the said goodes and merchandise*
be shipped out within tblrteene monethes after their first landing wlthia
any parte of the saide domynions. And wee doe for us, our heirs and suc-
cessors, give and grannte unto the saide Governor and Company and their
successors Tbat whensoever or soe often as any custome or subeidle shall
growe due or payiable unto us, our heirs or successors, according to the
lymittacoQ and appointment aforesaide by reason of any goodes, wares, or
merchandises to be shipped out or any retoroe to be made of any goodes,
wares or merchandise onto or from the said partes of Newe Sngland
hereby mencoed to be graunt«d as aforesaide or any the lands or terri-
tories aforesaide. That then and soe often and in snch case the farmers,
customers and officers of our costomes of England and Ireland and everie
of them for the tyme being, upon reqnest mode to them by the saide
Governor and Company or their succeasora, factors orassignes, and upon
convenient security to be given in that t>e half, shall give and allows unto
the said Governor and Company and their succeasoisand to all and everie
person and persons free of that company as aforesaide six monethes tyme
for the payemeot of the one half of all such cnstome and subsidy as
shalbe due aud payeable unto us, our heirs and successors, for the same.
For which theis our letters patents or the duplicate or the enroUm*
thereof shalbe unto onr saide officers a sufficient warrant and discbarge.
Nevertheless onr will and pleasure is Tbat If any of the saide goodes,
wares and merchandise which be or sbalbe at any tyme hereafter landed
or exported out of any of our realmes aforesaide and shalbe shipped with
a purpose not to he carried to the partes of Newe England aforesaid, but
to some other place. That then such payment, dutle, custome, Lmpoeicon or
forfyture sbalbe paid or belonge to us, our heires and successora, for the
said goodes, wares aud merchandise soe fraudulently sought to be trans-
ported,as yf this our graunte had not been made nor graunted. And Wee
doe further will. And by theis presents oar heira and socceBsors firmely
enioine and comannde as well the Treasurer, Chauncellor and Barons of
the Exchequer of ua, our heires and auccesaors, as also all and singular the
customers, farmers, and collectors of the cnstomes, subsidies and imports
and other the officers and ministers of ua, oar heirs and sacceasors, what-
soever for the tyme being. That they and every of them upon the shew-
ing forth unto them of these letters patents or the duplicate or exempil-
flcacon of the same, without any other writtor warrant whatsoever from
us, our heirs or successors, to be obteyned on said faith, doe and shall
make full, whole, entire and due allowance and clears discharge unto
the saide Governor and Company and their succeasoraof all cnstomes,
subsidies, imposicons, taxes and duties whatsoever that shall or maie be
claymed by us, our heirs and snccessora, of or from the said Governor and
Company and their succeasora, for or by reason of the said goodes, chat-
tells, wares, mercbandises and premises to be exported out of our saide
domynions or any of them Into any parte of the saide landes or premises
hereby mencoed to be given, graunted and conferred or for or by reason
of any of the saide goodes, chattells, waresor merchandises to be import-
ed &om the said landes and premises h^-reby mencoed to be given,
graunted or conferred into any of our saide dominions or any part*
thereof as aforesaide, exepring onlie the saide five poundes per centnm
hereby reserved and payeable after the expiracon of the saide teime of
seaven years as aforesaid and not before. And theis our letters patents
or the enrollment, daplicate or exempliflcacon of the same shalbe for

Tl

HISTORY OF MIDDLESEX COUNTY, MASSACHUSETTS.

6Ter hereafter from time to tyme as well to the Treasurer, Chancellor
and B&rons of the Exchequer, of as, oar heirea aod encceaK>ra« as to all
and sliigiilar the cuBtomera, farmers and collectors of the cnstomea, sub-
sidies and imports of us, our beiis and auccesBora, and all searchers and
others, the officers and ministers whatsoever of as, our heirs and succes-
sors, for the time beioga BUfflcleot warrant and discharge in this behalf,
And farther oar will and pleasure ia, And Wee doe hereby for us, oar heirs
aod sDcceaora, ordayne, declare and graunt to the saide Governor and
Compaoy and their sacceflBora, That all and every of the subjects of
ns, oar heirs or sacceasors, which shall goe to and inhabite within
the saidee laneds and premises hereby mencoed to be graunted and
every of their children which shall happen to be borne there on
the seas in going thither or retomeing from thence shall have
and enjoy all liberties and immnnitlea of free and natvrall subjects
within any of the domynioDs of us, our heiers or successors, to all
intents, construccoas and purposes whatsoever as yf they and everie
of them were borne within the realme of England. And that the
Governor and Deputie Governor of the said Company for the tyme
being or either of them and any two or more of such of the saide
Assistants as abalbe thereunto appointed by the said Governor and Com-
pany at any of their courts or assemblies to be held as aforesaide shall
and maia at all tymee, and from tyme to tyme hereafter, have full power
and anthoritfe tn minister and give the oathe and oathes of sopremacie
and allegiance or either of them to all and everie person and persons
which shall at any tyme or tymes hereafter goe or passe to the lander
and premises hereby mencoed to be graunted to inhabite the same.
And wee doe, of our further grace, certen knowledg and meere mocon,
give and grannt to the saide Governor and Company and thelruuccessors.
That it shall and mate be lawfull to and for the Governor ur Deputie
Governor and such of the Amistants and Freemen of the said Company,
for the tyme being, usshalbe assembled in any of their General Coiirts
aforesaide, or iu any other Courts to be specially sumoned and osBeni-
bled for that purpose or the greater parte of them (whereof the Governor
or Deputie Governor and six of the Assistants to be alwaleseeaven) from
tyme to tyme to make, ordalne and establish all manner of wholesome
and reasonable orders, lawes, statntas and ordlnnces, direccons and iu-
stmccon not contrarie to the laws of this our realme of England, as well
for setling of the formes and ceremonies of governmi, and magistracy
fltt and necessery for the said plantacon aod the inhabitants there, and
for n&melng aod stiliog of all sortee of otflcersbotb superior and inferior
which they shall find needeful for that government and plantacon, and
the distinguishing and setting forth of the severall duties, powers and
lymitts of every such office and placu aod the formes of such uathes war-
rantable by the laws and statntesof this our realme of Eoglaod, osshalbe
respectlvetie mioistered unto them for the execucon of the said aeverull
offices and places, as also for the disposing and ordering of theeleccooa uf
such of the said officers as abalbe annual! and of auch others aa
shalbe tosuccede in caseof death or renioveall, and ministring the said
oathes to the newe elected officer? aod for impoeicons of lawfull fynes,
mulcts, imprisonment or other lawfull correction according to the course
of other corporacons in this our realme of England, and for the direct-
ing, ruling and disposelng of all other matters aod thinges whereby
oar said people inhabitants there maie be so religiously, peaceablie and
ciTllly governed u their good life and orderlie conversacoo maie wyoo,
and iodte the natives of country to the knowledge and obedience of the
oolie true God and Saviour of mankinde and the Christian fayth, which in
oar royal lotencon and the adventurers free profearion is the peacefull
ende of this plantacon. Willing, comaonding and reqnireiog aod by
their presents for ua, onr heira or snccenora, ordeyniog and appointing.
That all such orders, lawen, statnts and ordinnces, instmccons and dii^c-
con as shalbe soe made by the Governor and Deputie Governor of the
said company and such of the Asaistanta and Freeman as aforesaide and
published in writing under their comon seale shalbe carefollle and dulie
observed, kept, pformed and putt in execucon according to the trua in-
tent and meaning of the same, AikI theis our letters patents, or the du-
plicate or exempllcacon thereof, shalbe to all and everie auch officer super-
tor and inferior, fh)m tyme to tyme, for the putting of the same orders,
lawes, statutes and ordinnces, instmccons and direccons in due exetucon
against ua, our heirea and saccessora, a sufficient warrant and discharge,
Aod wee doe further, for as, our heiree and successors, give aod graunt
to tbs said Governor and Company and their successors by theis
presents, That all and everie such chiefe comaundera, captainea, gover-
noia and other officers and ministers aa, by the said orders, laws, statute,
ordinnoM, tnstmccon or direccons of the said Governor and Company
for ths tyme being, shalbe from tyme to tyme hereafter ymploied either
la the government of the said inhabitants and plantacon ur in the waye
by sea thither or from theoce according to the natures and lymytts of

their offices and places respectively shall from tyme to tyme hereafter
forever within the precincts and partes of Newe England hereby men-
coed to be graunted and conformed or in the waie by sea thither or from
thence, have full and absolute power and autboritie to correct, punishe,
pardon, goveme and rule all such the subjects of us, our heirs and suc-
cessors, as shall from tyme tn tyme adventure themselves in any voyadge
thither or from thence or that shall at any tyme hereafter inhabite
within the precincts and partes of Newe EngUnd aforesaid according to
the orders, lawes, ordinnces, instruccons and direccons aforesaid not
being repngnant to the lawes and statutes of our realme of England as
aforesaid. And wee doe further, for us, our heirs and auccessors, give
and grannte to the said Governor and Company and their successors by
theis presents. That it shall and maie be lawfull to and for the chiefe
coraannders, governors and officers of said company for the time being
who shalbe resident in the said parte of Newe England in America by
tbeispresents graunted and others there inhabiting by their appointment
and direccon from tyme to tyme :iiid at all tyriifa hereafter for iheir
speciall defence and nafety tniocounter, expnl^e, re|iell,aod res rat by force
of amies as well by sea ;w by lande and by all titling wuies and means
whatsoever, all such person and persons as rsliall at any tyme hereafter
attempt or enterprise the destruccon, invasion, detriniKiit or anuoyaunce
to the tiaid plantation or inhabitants; and to take snd surprise by all
waies and meanes whatsoever all and every such pei^on and persona
with their shippes, armour, nmnicon and other goodes as fhall in hostile
luanuer invade or attempt the defeating uf the said phuitacon or the hurt
uf thesanl roinpnny ami inhabitauts. Neverth^les. nur will and pleasure
is, and wee doe hereby declare to all Chrialian Kiui^reti, Princes and states
tbatyf any person or i>er8uns which shall hereafter be of the said Com-
pany ur planlacuu, or any other by ]ycent>u or itpp<iintment uf the said
Governor and Cunipany for the tyme being, aluill at any tyme ur tymes
hereafter mbb or apoyle by sea or by land, ur dne any hurt, violence ur
unlawful! hostility to any uf the subjects of us, our bcires or successors,
ur any of the subjects uf any Prince nr State being then in league and
umytie with us, our beires and auccessors, and that upon such iniury
don and upon iust complaint of such Prince or State ur their subjects
Wee, our heires or successors, uball make upon proclaniacon within any
of tbe partes within our realme of England comodiuus fur that purpose.
That the person or persons bavetng comltted any such ruberie or apoyle
shall within the terme lymytted by such a proclainocun make full resti-
tncon or aatisfaccon of all auch ininries don soe as the said Princes or
others soe cuuiplayniog maie bould themselves fullie siitisfied and con-
tented. And tbat yf the said person or persons having cnmitted such
robbery or apoile shall not make or cause to be made satiafaccou accurd-
inglie within such time soe to be lymytted, That then it »halbe lawfull
fur us, our beires and successors, to putt tbe said pson or peons out of uur
allegiance and proteccon : And that it abalbe lawfull and free for all
Princes to prosecute with hoatilitie the said offendors and every of them,
their and every of their procurers, aydere, abettors and comforters in
that behalf. Provided also and our expresse will and pleasure ia, and
wee due by theis presents fur us, onr heires and successors, ui-deyne and ap-
point That theis presents shall not in any manner enure or be taken to
abridge, barr or hinder any of our loving subjects whatsoever to use and
exercise the trade of fishing upon that coast of New England in America
by theis pesents mencoed to t>e gi-aunted ; But that they and every or
any of them shall have full and free power eind liberty to continue and use
their said trade of flshiog upon the said coast in any the seas thereunto
adioyuing on any armes of the seas or saltwater rivers where they have
byn wont to Aabe and to build and sett up upon the landes by theis
presents graunted such wharfes, stages and workehouses as shalbe neces-
sorie for the salting, drying, keeping and tacking up of their fish to be
taken or gotten upon that coast ; and to cutt downe and take such trees
and other materialls there groweing or t>eiug or shalbe needfuU for that
purpose, and fell all other neces^arie easements, helpes and advantage
concerning their said trade of flshiog there in such manner and form aa
they have byo heretofore at any tyme accustomed to doe without mak-
ing any wilful! waste or spoyle, anything in theis preaents conteyned to
the contrarie notwithstanding. And Wee doe further fur us, our heireg
and Bacceaurs, ordeyne and grauota to the said Governor and Company
and their successors by theis presents, That theis, our lettera patents,
shalbe flnne, good, effectuall and availeoble in all thinges and to all in-
tents and constraccons of laws according to our true meaning herein
before declared, and shalbe construed, reputed and adindged in all cases
most favourable on the behalf and for the beoefitt and behoufe of the
saide Governor and Company and their successors, although expresse
menoon of the tme yearely value or certenty of the premisses or any of
them or of any other gnifles or grauntes by us or any of our progenitors
or predecessors to the foresaid Governor or Company before this time,

MIDDLESEX COUNTY.

niade in theis presentJ or not mado, or any Htatute, acte, ortliDnce, pro-
TiflloQ, proclamacon or realrainte to the contrarie thereof heretofore had,
made, publiahed, ordeyned or provided or any other matter, cauee or
thinge whatsoeTer to the contrarie thereof in any wise notwithstanding-
In witnes whereof wee have caiieed theis our letters to be mtide patents,
Witnee ooiself at WeatminBter the fourth day of March, in the fourth
yeare of our raigne

" Per Breve de Private SIglllo,

" WoLSBLET.

" Fnedict Mattbfpua Cmdoctte JuratuB est de Fide et Obedientia Eegi
et Succeasoribus auia, et de Debita Exeqautione OfflcU Gulwmatoria
inxta Tenoreoi P'sentium 18'>. Martij, 1628, Coram me Carolo Oeeare,
Uilite in Cancellaria Mro.

" Cbah. Cssae."

By this charter the claim of John Gorges, the as-
signee of his brother Robert, and also that of John
Oldham and John Dorrill, the lessees of John, seem
to have been extinguished. But another claim had,
in the mean time, sprung up which it was necessarj'
to silence before the Massachusetts Company could
become unobstructed possessors under their charter.
John Gorges, under the grant made to his brother by
the Plymouth Council, conveyed, by a deed dated
January 10, 1629. to Sir William Brereton, of Hand-
forth, in the County of Chester, England, "all the
land in breadth lying from the east side of Charles
River to the easterly part off the cape called Nahant,
and all the lands lying in length twenty miles north-
east into the main land from the mouth of the said
Charles River, lying also in length twenty miles into
the main land northeast from the said Cape Nahant;
also two islands lying next unto the shore between
Nahant and Charles River, the bigger called Brereton
and the lesser Susanna." This claim also was finally
rejected by the Massachusetts Company with a propo-
sition to the claimant, dated February 10, 1630, to
join the company according to their charter and re-
ceive all courteous respect and be accommodated with
land and whatever might be necessary.

Sir Henry Rosewell,Sir John Young and Thomas
Southcott sold out their interest to John Winthrop,
Isaac Johnson, Matthew Cradock, Thomas Goffe and
Sir Richard Saltonstall, who, with John Humfrey,
John Endicott and Simon Whitcomb, the remaining
original grantees, formed a new company. The finan-
cial affairs of the company were at first managed in
England, and Matthew|Cradock, who had been named
by the King as Governor, was chosen to that ofiBce.
John Endicott was sent out with a company in the
summer of 1G28, arriving at Salem in the ship "Abi-
gail," on the 6th of September of that year. Endi-
cott waa followed by Rev. Franciu Higginson, and
about two hundred persons with him, embarking in
the "George Boneventure," reaching New England
on the 22d of June, and the " Talbot " and " Lion's
Whelp " reaching New England on the 29th. WTiile
Cradock remained the Governor of the company in
England, Endicott was, in a certain sense, the Gov-
ernor of the Colony, and so remained until the arrival
of John Winthrop with the charter, in 1630. The
" Boneventure " brought from the company a letter

to Endicott, urging him to occupy the lands aboat
Massachusetta Bay claimed by Oldham and Brereton,
which extended from Charles River to Nahant along
the coast and from five to twenty miles inland. They
wrote as follows:

** We fear that as be (Oldham) hath been obetioate Etnd violent in bla
proceedings here, 80 he will peraist and be ready to draw a party to bim-
eelf there to the great btodrmnce of the common qnlet ; we have, therefore,
thought fit to give you notice of bla djapooition to the end you may be-
ware how yon meddle with blm, aa alao yon may uae the beet means yon
COD to settle an agreement with the old planters ao aa they may not
hearken to Mr. Oldtiam's dangerous though vmine propositlona.

" We pray yon and the council there to advise seriously together for
the niaiotenaoce of our privileges and peaceable gitvemment, which, if it
may be done by a temperate course, we mucll desire it, though with some
inconvenience so as our government and privileges be not brought in
contempt, wishing rather there might b& such an union as might draw
the heathen, by our good example, to the embracing of Christ and his
Gospel, than that offence should be given to the heathen and a sca n dal to
oar religion throagh our dieogreement amongst otuselves. But if ne-
cessity reqnire a more severe coarse when fair means will not prevail,
we pray yon to deal as in yonr discretion you ahall think fittest for the
general good and safety of the pUutatlon and preservation of our privi-
leges. And becanse we would not omit to do anything which might
strengthen our right wn would have you (as soon as the ships or any of
them arrive with you, whereby you may have men to do it) send forty or
fifty persons to Uaaachasetta Bay to iaiiabit there, which we pray yon
not to protract bnt to do it with ail speed ; and if any of our company In
particular ahall desire to settle themselves there or to send servants
thither we desire all accommodatioa and encouragement may be given
them thereunto whereby the better to strengthen oar posseflsion there
against allor any that shall intrude upon us which we would not have
you by any means give way unto ; with this caution notwithstanding —
That for such of our coantrynien as you find there planted so as they
be willing to live under government yon endeavor to give them all fit-
ting and due accommodation as to any of ourselves ; yea, if you see cause
for it, though if It be with more than ordinary privileges in point of
trade."

In accordance with the above instructions, on the
24th of June, only two days after the arrival of the
" Boneventure," Thomas Graves and Rev. Francb
Wright arrived at Charlestown from Salem, and, as it
is now agreed, gave the date to the foundation of that
town.

On the 20th of October, 1629, at " a Generall Court
holden in England, at Mr Goffe the Deputye's House,''
the record states that

" Now the Coart proceeding to the election of a new t^nemor, Depa-
tie and Assistants, which upon seriotis deliberation hath been and is con-
ceived to be for the especial good and advancement of their affairs, and
having received extraordinary great commendations of Hr John Win-
throp both for bis integrity and anfflciency as being one every way weU
fitted and accomplished for the place of Governor, did put in nomination
for that place the said Hr. John Winthrop, Sir R. Saltonstall, Mr. Isaac
Johnson and Mr. John Hnrofreys ; and the said Mr. Winthrop was with
a general vote and full consent of this court by erection of bands chosen
to be Governor for the ensaing year, to begin on this present day ; who
was pleased to accept thereof and thereupon Took the oath to that place
appertaining. In like rrranner and with like tree and full consent Mr.
John Humfrey waa chosen Deputy Governor, and

" Sir B : Saltonstall Mr Thomas Sliarpe

Mr Isaac Johnson Mr John Bevell

Mr Thomas Dudley Mr Matt : Cradock

Mr Jo : Endecott , Mr Thomas Goffe

Mr Noel I Mr Alderaey

Mr Wm Vaasall Mr John Venn

Mr Wm PInchon Mr Nath : Wright

Mr Sam : Sharps Mr Theopfa : Eaton

Mr ijklw : Bossiter Mr Tbo : Adams

were chosen to be Anlstanta ; which said Deputy and the greatest part

VllI

HISTORY OF iMIDDLESEX COUNTY, MASSACHUSETTS.

of the said Ajsistants beiug present took the oaths to their said places
appertaining respectirelj.*'

In April, 1630, Winthrop sailed from England and
arrived in Massachusetts on the 12th of June, at once
assaming power in the place of Endicott as Governor
under the charter which he had brought with him.

The first Ckturt of Assistants, according to a statement
of Johnson, in " Wonder- Working Providence," was
heldatCharlestown, August 23d,on the ship "Arbella."
The date mentioned is probably correct, but the place
of the meeting has been doubted by antiquaries. At
that meeting it was ordered that the next meeting
should be held at the Giovernor's house on the 7th of
September and the third meeting was held at the same
place September 28th.

On the 19th of October the first General Court was
held in Boston, and at its first session an important
change was made in the form of government. The
record states that at this General Court " it was pro-
pounded if it were not the best course that the free-
men should have the power of choosing assistants
when they are to be chosen, and the assistants from
amongst themselves to choose a Governor and Deputy
Governor, who with the .issistants shall have the
power of making laws and choosing officers to exe-
cute the same. This was fiilly assented unto by the
general vote of the people and erection of hands."
Thus the only power retained by the freemen or
people was the power to choose Assistants.

At a General Court held at Boston on the 9th of
May, 1632, another change was made, and "it was gen-
erally agreed upon by erection of hands that the Gov-
ernor, Deputy Governor and assistants should be
chosen by the whole court of Governor, Deputy Gov-
ernor, Assistants and freemen, and that the Governor
shall always be chosen out of the assistants."

At a General Court held on the 14th of May, 1G34,
still more power was assumed by the people. " It was
agreed that none but the General Court hath power
to choose and admit freemen." " That none but the
General Court hath power to make and establish laws
nor to elect and appoint officers as Governor, Deputy
Governor, Assistants, Treasurer, Secretary, Captain,
Lieutenants, Ensigns or any of like moment, or to re-
move such upon misdemeanor, as also to set out the
duties and powers of the said officers." " That none
bat tb& General Court hath power to raise moneys
and taxes and to dispose of lands, viz., to give and con-
firm proprieties." An important change was also
made at this court in the constitution of the court it-
self. It was ordered "that it shall be lawful for the
freemen of every plantation to choose two or three of
each town before every General Court to confer of and
prepare such public business as by them shall be
thought fit to consider of at the next General Court,
and that such persons as shall be hereafter soe deputed
by the freemen of the several plantations to deal in
their behalf in the public affairs of the Commonwealth
shall have the full power and voices of .ill the said

freemen derived to them for the making and estab-
lishing of laws, granting of lands, etc., and to deal in
all other atfairs of the Commonwealth wherein the
freemen have to do, the matter of election of magis-
trates and other officers only excepted, wherein every
freemen is to give his own voice."

For the election of officers the whole body of free-
men met annually in the meeting-house in Boston,
but at last the inconvenience of this arrangement was
found to be so great that it was provided that Salem,
Ipswich, Newbury, Saugus, Weymouth and Hingham
might retain as many of their freemen at home at the
annual elections as the safety of the towns required,
and that the votes of them might be sent by proxy.
A general law was passed at a later date to the same
effect applicable to all the freemen in all the towns.

Through all these changes such judicial power as
existed was in the hands of the Court of Assistants.
At first the Assistants and Deputies met together, but
in 1644 it was agreed that the two branches should sit
apart aini that each should have a negative on the
other. Under this new arrangement the (Tovernor
presided in tlie Court of Assistants and the office of
Speaker was appointed for the popular branch, which
had now become a Court of Deputies. In this form
the General Court became the model from which the
General Court of our own day took its shape.

During the colonial period the Governors were :
John Endicott, 1020, 1044 to 1045, 1649 to 1650, 1651
to 1654, 1655 to 1065 ; John Winthrop, 1630 to
1634, 1637 to 1640, 1642 to 1644, 104<; to 1649;
Thomas Dudley, 1634 to 1635, 1640 to 1641, 1645 to
1646, 1650 to 1051; John Haynes, 1635 to 1636;
Henry Vane, 1036 to 1637; Richard Bellingham,
1641 to 1642, 1654 to 1655, 1665 to 1672 ; John Lev-
erett, 1672 to 1679 ; Simon Bradstreet, 1679 to 1686,
1689 to 1692. From 1686 to 1689 Joseph Dudley and
Edmund Andros had jurisdiction over New England
by appointment of the K'ng.

The Deputy Governors were : Thomas Dudley, 1629
to 1634, 1637 to 1640. 1046 to 1650, 1651 to 1653;
Roger Ludlow, 1634 to 1635; Richard Bellingham,
1635 to 1636, 1640 to 1641, 1653 to 1654, 1655 to 1665;
John Winthrop, 1636 to 1637, 1044 to 1646; John
Endicott, 1641 to 1644, 1050 to 1651,1654 to 1655;
Francis Willoughby, 1605 to 1671 ; John Leverett,
1671 to 1673 ; Samuel Symonds, 1673 to 1678 ; Simon
Bradstreet, 1678 to 1679 ; Thomas Danforth, 1679 to
1686, 1689 to 1692. During the careers of Dudley
and Andros, 1686 to 1689, there was no Deputy-Gov-
ernor,

The assistants were: Humphrey Atherton, Samuel
Appleton, Isaac Addington, Simon Bradstreet, Rich-
ard Bellingham, Robert Bridges, Peter Bulkley, Wil-
liam Browne, William Coddington, Thomas Clarke,
Elisha Cooke, Thomas Dudley, Joseph Dudley, Rich-
ard Dummer, Daniel Denison, Thomas Danforth,
Humphrey Davy, John Endicott, Thomas Flint,
Daniel Fisher, Edward Gibbons, John Glover, Daniel

MIDDLESEX COUNTY.

IX

Grookin, Bartholomew Gednej, Elisha Hutchinson,
John Humphrey, John Haynes, Atherton Hough,
Roger Harlakenden, William Hibbens, William
Hawthorne, John Hull, John Hawthorne, Isaac
Johnson, William Johnson, Roger Ludlow, Eliezer
Lusher, John Leverett, Increase Nowell, Samuel
Nowell, Robert Pike, William Pynchon, Herbert
Pelham, John Pynchon, Oliver Purchase, Edward
Rossiter, Richard Russell, John Richards, Samuel
Sewall, Thomas Savage, Richard Saltonstall, Richard
Saltonstall, Jr., Thomas Sharp, Israel Stoughton,
William Stoughton, Samuel Symonds, Nathaniel Sal-
tonstall, John Smith, Edward Tyng, Peter Tilton, Wil-
liam Vassall, Henry Vane, John Woodbridge, Fran-
cis Wiiioughby, Thomas Wiggin, Simon Willard,
John Winthrop, John Winthrop, Jr.

The Speakers of the House of Deputies during the
same period, beginning May 29, 1644, were : William
Hawthorne, May 29, 1644, r,o October 2, 1645, May 6,
1646, to November 4, 1646, May 10, 1648, to
October 18, 1648, May 23, 1650, to October 15,
1650, May 6, 1657, to May 19, 1658, May 22, 1661,
to May 7, 1662 ; George Cooke, October 2, 1645, to
May 6, 1646 ; Robert Bridges, November 4, 1646, to
May 26, 1647 ; Joseph Hill, May 26, 1647, to October
18, 1647 ; Richard Russell, October 18, 1647, to May
10, 1648, October 18, 1648, to May 2, 1649, May 3,
1654, to May 23, 1055 ; May 14, 1656, to May 6, 1657,
May 19, 1658, to May 11, 1659; Daniel Denison, May

2, 1649, to May 23, 1650, October 14, 1651, to May
27, 1652; Daniel Gookin, May 7, 1651, to October
14, 1651 ; Humphrey Atherton, May 18, 16.53, to May

3, 1654; Edwiird Johnson, Jlay 23, 1655, to May 14,
1656; Thomas Savage, May 11, 1659, to May 22,
lOtil, May 31, 1671, to May 15, 1672, May 24, 1677,
to May 28, 1679 ; Thomas Clarke, May 7, 1662, to
May 27, 1663, May 3, 1665, to May 23, 1666, May li),
1669, to May 31, 1671; John Leverett, May 27, 1663,
to May.3, 1665 ; Richard Waldron, May 23, 1666, to
May 19, 1669, May 7, 1073, to January 6, 1673-74,
May 27, 1674. to February 21, 1675-76, May 28, 1679,
to February 4, 1679-80; Joshua Hubbard, January
6, 1073-74, to May 27, 1674; Peter Bulkley, Febru-
ary 21, 1675-76, to May 24, 1677 ; John Richards,
February 4, 1679-80, to .May 19, 1680; Daniel Fisher,
May 19, 1680, to May 16, 1683; Elisha Cooke, May
16, 1683, to May 7, 1684; John Wayt, May 7, 1684,
to May 27, 1685 ; Isaac Addington, May 27, 1685, to
May 12, 1686; John Saffin, May 12, 1686.

The other officers of the Colony provided for at an
early date were treasurer, commissioners of the Uni-
ted Colonies, secretary and beadle or marshal. The
treasurers were : Richard Bellingham, May 17, 1637,
and June 6, 1639; Wm. Coddington, May 14, 1634;
Richard Dummer, May 25, 1636; William Pynchon,
Sept. 4, 1632; William Tyng, May 13, 1640-June 2,
1641 ; Richard Russell, November 13,1644; John HulL
May 3, 1676; James Russell, May 9, 1680; Samuel
Nowell, May 11, 1686; John Usher, June 1, 1686.

The secretaries were: William Burges, chosen May
13,1629; Simon Bradatreet, 1630; Increase Nowell,
June 6, 1639, May 13, 1640, June 2, 1641; Edward
Rawson, May 22, 1650 ; Edward Randolph, Septem-
ber 21, 1685.

The commissioners of the United Colonies of Plym-
outh, Massachusetts, Connecticut and New Haven
were: John Winthrop, chosen 1643-46; Thomas
Dudley, 1643, '47-49 ; Simon Bradstreet, 1644, '48-54,
'56-61, '63-67 ; William Hathcrne, 1644, '50-54, "73 ;
Herbert Pelham, 1645; Daniel Denison, 1655-57,
'59-62; John Endicott, 1646-48, '58; Thomas Dan-
forth, 1662-79; John Leverett, 1668-69; William
Stoughton, 1674-76, '80-86 ; Joseph Dudley, 1677-79;
Peter Bulkley, 1682-83 ; Samuel Nowell, 1684-86.

The beadles or marshals, who were somewhat anal-
ogous to the sheriffs of the present day, were : James
Penn, appointed by the Court September 25, 1634 ;
Edward Michelson, who is mentioned in the records
of the Court May 27, 1668, as having occupied the
office " divers years ; " John Greene, chosen May 27,
1681 ; and Samuel Gookin, appointed in 1691.

The above lists are confined to officers appointed
or chosen after the Massachusetts Company was es-
tablished in New England, and are inserted by the
writer in this sketch of Middlesex County, together
with other matters relating to the early history of the
Colony, to show the ground-work and foundation on
which the counties into which the Colony became
divided rested.

Until 1639 the whole judicial power rested with the
Court of Assistants. On the 9th of September of
that year it was enacted by the General Court that
" for as much as the businesses of the ordinary Court
of Assistants are so much increased a.s they cannot
be despatched in such season as were fit, it is therefore
ordered that such of the magistrates as shall reside
in or near to Boston or any five, four or three of them,
the Governor or Deputy to be one, shall have power
to assemble together upon the last fifth day of the
eighth, eleventh, second and fifth months every year,
and then and there to hear and determine all civil
causes whereof the debt or trespass and damages shall
not exceed twenty pounds, and all criminal causes
not extending to life or member or banishment accord-
ing to the course of the Court of Assistants, and to
summon juries out of the neighbor towns, and the
marshal or necessary officers are to give their attend-
ance as at other Courts."

It had been previously been enacted on the 3d of
March, 1635-36, that

" there ahall be four coorts kept ererj quarter — ODe at Ipowich, to
wbtcb Newbary eball belong ; two at Salem, to which Saagaa shall be-
loDg ; two at NewtowD to which CharltoQ (Charleetown), Coocord, Hed-
ford and WatertowD shall belong ; four at Boeton, to which Boxburf,
Dorchester, Wejmoutb and Uiogham shall belong.

** Every of these courts shall be kept by sach magistrates as dnall be
dwelling in or near the said towns, and by such other persons of worth
as shall from time to time be appointed by the General Conrt ao as no
court shall be kept without one magistrate at the least, and that none
of the magistrates be excluded who can and will attend the same ; yet

HISTORY OF MIDDLESEX COUNTY, MASSACHUSETTS.

the General Coort shall appoiDt which of the mAgistrates shall specially
belong to every of the said court. Snch persons as shall be joined aa
aaBociatea to the magistrates in the said conrt shall be chosen by the Gen-
eral Court out of a greater number of such as the several towns shall
Dominate to them so as there may be in every of the said courts so
many as (with the magistrates) may malfe five in all. These courts shall
try all civil cases whereof the debt or damage shall not exceed ten
pounds, and all criminal canseii not concerning life, member or banish,
ment. And if any p6fw>n shall find himself grieved with the sentence
of any of the said courts he may appeal to the next great quarter court
provided that he pat in sufficient caution to present bis appeal with ef-
fect and to abide the sentence of the magistrates in the said great quar.
ter court, who shall see that all such that shall bring any appeal with-
out just canse be exeraplarily punished.

" There shall be four great Quarter Courts kept yearly in Boston by
the Governor and the rest of the magistrates : the firat, the first Tuesday
in the fourth month, called June ; the second, the first Tuesday in Sep-
tember; the third, the flrrt Tuesday in December ; the fourth, the first
Tuesday in the first month, called March."

It must be remembered that the assistants were
called magistrates, and therefore still retained after
the above enactments judii-ial power. On the 25th of
May, 1636, the following magistrates and other per-
sona were appointed by the General Court to hold the
courts referred to in the above enactment of the pre-
vious March, to wit : For Salem and Saugus, John
Humphrey, John Endicott, magistrates or assistants,
Capt. Turner, Mr. Scruggs and Mr. Townsend His-
hopp, associates ; for Ipswich and Newbury, Thomas
Dudley, Richard Dummer, Simon Bradstreet, magis-
trates, and Mr. Saltonstall and Mr. Spencer, associ-
ates ; for Newtown, Charlestown, Medford and Con-
cord, John Haynes. Roger Harlakenden, Increase
Nowell, magistrates, and Mr. Beecher and Mr.
Peakes, associates ; for Boston, Roxbury, Dorchester,
Weymouth and Hingham, Richard Bellingham, Wil-
liam Coddington, magistrates, and Israel Stoughton,
William Hutchinson and William Heath, associates.

On the 6th of June, 1639, it was enacted that "for
the more speedy dispatch of all causes which shall
concern strangers who cannot stay to attend the ordi-
nary courts of justice, it is ordered that the Governor
or Deputy, being assisted with any two of the mag-
istrates (whom he may call to him to that end), shall
have power to hear and determine (by a jury of twelve
men or otherwise, as is used in other courU) all causes
which shall arise between such strangers or wherein
any such stranger shall be a party, and all records of
snch proceedings shall be transmitted to the secretary
(except himself be one of the magistrates who shall
atisist in hearing such causes), to be entered as trials in
other courts at the charge of the parties. This order
to continue till the General Court in the seventh
month come twelve month and no longer."

These various enactments show the condition of
governmental affairs and the distribution of judicial
powers at the time of the division of the Massachu-
setts Colony into counties in 1643. On the 10th of
May in that year it was enacted " that the whole
plantation within this jurisdiction is divided into
four shires.

"Essex shire — Salem, Lynn, Enon, Ipswich, Row-
ley, Newbury, Gloucester and Chochicawick.

"Mdd/e»er— Charlestown, Cambridge, Watertown,
Sudbury, Concord, Woburn, Medford, Linn Village.

"Suffolk — Boston, Roxbury, Dorchester, Dedham,
Braintree, Weymouth, Hingham, Nantasket.

"Xorfolk — Salisbury, Hampton, Haverhill, Exeter,
Dover, Strawberry Bank."

In order that the reader may not be misled it is
proper to state that the Norfolk County as above
formed was extinguished by the General Court on the
4th of February, 1679-80, after New Hampshire be-
came a royal province, and its Massachusetts towns
were annexed to Essex County. In Middlesex County
the towns forming it were incorporated or founded as
follows: Charlestown, June 24, 1629; Cambridge,
Sept. 8, 1633; Watertown, Sept. 7,1630; Sudbury,
Sept. 4, 1639 ; Concord, Sept. 2, 1635 ; Woburn, May
18, 1642; Medford, Sept. 28, 1630; Linn Village,
which was incorporated as Reading after the county
was formed, May 29, 1684. Of these, Charlestown
was incorporated as a city February 22, 1847,
and annexed to Boston May 14, 1873 ; and Cambridge
was incorporated as a city March 17, 1846.

In Essex County, Salem was incorporated June 24,

1629, as a town, and as a city March 23, 1836 ; Lynn
(formerly Saugus), Nov. 20, 1637, as a town, and as a
city April 10, 1850; Enon (now Wenham), was incor-
porated May 10, 1643; Ipswich, Aug. 5, 1634; Row-
ley, Sept. 4, 1639 ; NewbUry, May 6, 1635; Glouces-
ter, as a town May 22, 1639 ; as a city May 26, 1871 ;
and Chochicawick (now Andover), May 6, 1646.

In Norfolk County, Salisbury was incorporated
Oct 7, 1640 ; Haverhill as a town in 1645, and as a
city March 10, 1869. Hampton, Exeter, Dover and
Strawberry Bank (now Portsmouth), were included
within the limits of New Hampshire.

In Suffolk County, Boston was incorporated as a
town Sept. 7, 1630, as a city Feb. 23, 1822 ; Roxbury,
as a town Sept. 28, 1630, as a city March 12, 1846.
annexed to Boston June 1 , 1867 ; Dorchester, Sept. 7,

1630, annexed to Boston June 4, 1869 ; Dedham,
Sept. 8, 1636; Braintree, May 13, 1640; Weymouth,
Sept. 2, 1635 ; Hingham, Sept. 2, 1635 ; and Nantas-
ket (now Hull), May 29, 1644.

When the present Norfolk County was incorpor-
ated, March 26, 1793, all the towns above mentioned
in Suffolk County, except Boston, were included in
the new county. Hingham and Hull, being dissatisfied
with their new connection, were subsequently, at the
same session of the General Court, exempted from
the act of incorporation, and were finally annexed to
Plymouth County.

In addition to the towns above mentioned as a part
of Middlesex County, Acton was incorporated July 3_
1735; Arlington, February 27, 1807 (name changed
from West Cambridge, April 30, 1867) ; Ashby, March
5, 1767 ; Ashland, March 16, 1846 ; Ayer, Febuary 14,
1871 ; Bedford, September 23, 1729 ; Belmont, March
18, 1859 ; Billerica,May 29, 1655 ; Boxborough, Feb-
ruary 25, 1783 ; Brigbtou, February 24, 1807 ; Bur-

MIDDLESEX COUNTY.

lington, February 28, 1799; Carlisle, April 28, 1780;
Chelmsford, May 29, 1655; Dracut, February 26,
1701 ; Dunstable, October 15, 1673 ; East Sudbury,
April 10, 1780 (name changed to Wayland, March 11,
1835); Everett, March 9, 1870; Framingham, June
25, 1700 ; Groton, May 25, 1655 ; HoUiston, Decem-
ber 3, 1724; Horfkinton, December 13, 1715; Hud-
son, March 19, 1866 ; Lexington, March 29, 1712 ;
Lincoln, April 19, 1754; Littleton, November 2,
1714; Lowell as a town, March 1, 1826 (aa a city,
August 5, 1836) ; Maldea as a town, May 2, 1649 (as a
city, March 31, 1881); Marlborough, Maj» 31, 1660;
Maynard, April 19, 1871; Melrose, May 3, 1850;
Natick as a district in 1762 (aa a town February 10,
1781) ; Newton as a town, January 11, 1688 (aa a citj',
June 2, 1873); North Reading, March 22, 1853;
Pepperell. April 6,1753; Sherborn, May 27, 1764;
Shirley, January 5, 1753; Somerville aa a town,
March 3, 1842 (as a city, April 14, 1871); South
Reading, February 25, 1812 (name changed to Wake-
field, June 30, 1868); Stoneham, December 17, 1725;
Stow, May 16, 1683 : Tewksbury. December 23, 1734 ;
Townsend, June 29, 1732 ; Tyngaborough as a dis-
trict, June 22, 1789 (as a town, February 23, 1809) ;
Waltham as a town, January 4, 1737 (as a city, June
2,1884); Wayland, April 10,1780; Westford, Sep-
tember 23, 1729 ; Weston, January 1, 1712; Wilming-
ton, September 25, 1730 ; Winchester, April 30, 1850.

The town of Acton contains a part of Concord ; Ar-
lington of Cambridge; Ashby of Townsend, Fitchburg
and Ashburnham ; Ashland of Hopkinton, Framing-
ham and Holliston ; Ayer of Groton and Shirley ;
Bedford of BiUerica and Concord ; Belmont of Arling-
ton, Watertown and Waltham; Boxborough of Stow,
Harvard and Littleton ; Brighton of Cambridge; Bur-
lington of Woburn. Cambridge haa had annexed to
it parts of Charlestown and Watertown ; Carlisle of
Concord, Acton, Chelmsford and Billerica. Charles-
town has had annexed to it part of Medford ; Dun-
stable of Groton ; Everett of Maiden ; Framingham
6f Holliston; Groton of Pepperell;' Holliston of
Sherborne; Hudson of Marlboro', Bolton and Stow ;
Lexington of Cambridge and Burlington ; I^incolnof
Concord, Lexington and Weston ; Lowell of Chelms-
ford, Tewksbury and Dracut; Maiden of Medford;
Marlborough of Framingham and Southborough ;
Maynard of Stow and Sudbury ; Medford of Maiden
and Everett ; Melrose of Maiden and Stoneham ;
Natick of Sherburne; Newton part of Boston ; North
Reading of Reading; Pepperell of Groton; Shirley
of Groton ; Somerville of Charlestown ; Stoneham of
Charlestown; Tewksbury of Billerica; Tyngaborough
of Dunstable; Wakefield of Reading; Waltham of
Watertown and Newton ; Wayland of Sudbury ;
Westford of Chelmsford ; Weston of Watertown ;
Wilmington of Woburn and Reading; Winchester of
Woburn, Medford and West Cambridge.

A large part of Middlesex County in the earliest
colonial times waa occupied by two Indian nationa :

the Pawtacketa and the Massachusetts. The Massa-
chusetts, whose chief sachem waa Chikatanbut, had
been a powerful nation and occupied a territory ex-
tending from Charles River on the north and west to
Weyworth and Canton on the south and east. At the
time of the arrival of Winthrop its numbers had much
diminished, having suffered from the same scourge
which had carried off the tribes in and abont Plym-
outh in 1616, and from the effects of which it had
never recovered. The Pawtuckets extended fivm
Charles River as far as Piscataqua on the east, and
Concord, New Hampshire, on the north. Their nation
included the Pennakooks or Concord Indians; the
Agawomes or Ipawich Indians ; the Naumkeeks about
Salem ; the Pascatawayes and Accomentas at York,
and along the coast of Maine. The sachem of the
Pawtuckets waa Nanepashemit, or the New Moon, who
lived in the neighborhood of what is now Lynn. In
1637 the aquaw sachem or widow of Nanepashemit,
who had continued his government, conveyed to the
English a large tract of land, and in 1639 a tract ot
land, which is now within the limits of Charlestown
and Somerville, was conveyed by her to the town of
Charlestown. In 1644 she, with other sachems, sab-
mitted themselves to the jurisdiction of Massachusetts.

Since the incorporation of the county the following
changes in the county lines have been made: The in-
corporation of the town of Ashby, March 5, 1767,
took a portion of Ashburnham and Fitchburg, in
Worcester County ; the incorporation of Boxborough,
February 25, 1783, took a portion of Harvard, in Wor-
cester County. The annexation of Charlestown to
I Boston, May 14, 1873, and the annexation of Brifhton
10 Boston, May 21, 1873, added those places to Suffolk
County ; the incorporation of Harvard, in Worcester
County, gave a portion of Groton and Stow to Wor-
cester; a part of Holliston was annexed to Milford, in
Worcester County, April 1, 1859; the incorporation of
Upton, in Worcester County, June 14, 1735, gave a
part of Hopkinton to Worcester ; the incorporation of
Bolton, June 24, 1738, Northborough, January 24,
1766, and Southborough, July 6, 1727, gave a part of
Marlborough to Worcester. There were some defini-
tions of town boundaries which may have slightly
changed the county lines. These were the lines
between Holliston, Hopkinton and Medway, March
27, 1835 ; between Natick and Wayland, April 20
1850; between North Reading and Lynnfield, May
27, 1857 ; between Wakefield and Lynnfield, April 2,
1870.

Middleaex County, of which Cambridge and Lowell
are the shires, is situated in the northeast central part
of Massachusetts, and has an area of a little more than
eight hundred square miles. It is bounded on the
north by Essex County and the State of New Hamp-
shire, on the east by Essex and Suffolk Counties, on
the south by Norfolk County, and on the west by
Worcester County. It is watered by the Charles,
Concord, Merrimack and Nashua Rivera and several

XII

HISTORY OF MIDDLESEX COUNTY, MASSACHUSETTS.

smaller streams, and is so thoroughly intersected by
railroads as to make Boston easily accessible to almost
every town. The business of the county is chiefly
manufactnring and agricultural, though the latter
interest is showing symptoms of a positive decline.
Market gardening has largely increased in the towns
near Boston, and this branch of agricultural industry
never was more prosperous than to-day. The field of
its activity has been pushed, however, farther from the
city as the city grows and available lands near its
limits become needed for residences of city business-
men. The conversion of farms into town lots has
largely enhanced their value and made owners who
for many years struggled for a livelihood men of
wealth and ease. The following list shows the popu-
lation and property valuation of each town accord-
ing to the census of 1885 :

POP.

TiL.

POP.

VAl.

Acton ....

. 1785

11,372,254

Muynard . .

. 2703

$2,013,5Tg

Arlington . .

. 4673

5,136,780

Medford . .

. 9042

8,850,274

Aahby . . .

. 871

481,079

Melrose . . .

. 6101

4,920,073

Ashland . .

. 2C.-«

1,370,105

Natick . . .

K4C0

5,140,7.35

Ayer ....

. 2190

1,209,608

Newton . . .

19,759

32,349,754

Bedford. . .

. 930

351,155

North Beading

878

500,894

Belmont . .

. 1639

3,444,399

Pepperell . .

. 2587

1,497,501

Billerica . .

. 21fil

1,835,481

Beading . .

. 3539

2,431,283

Boxborough

348

260,091

Snerborn . .

. 1391

ST4,(H3'.l

Burlington .

. 634

486,844

Shirley . . .

. 1242

734,134

Cambridge .

69,658

59.523,200

Somerville .

29,971

25.395,291

CarllBle . .

. 520

397,260

Stonebam . .

. 50.19

3,198,070

Chelmsford .

. 2304

1,721,680

Stow ....

. 976

1,035,833

Concord . .

. 3727

3,596,481

Sudbury . .

. 1105

1,109,347

Dracat . . .

. 1927

1,223,957

Tewksbury .

. 23:vi

1,376,782

Dunstable . .

. 431

332,302

Townsend . .

. 1848

1,051,323

Everett . . .

. 5S25

5,406,319

Tyngsborough

604

;!C3,73C

Framlngham

. 8275

6,617,694

Wakeflold . .

. onon

4,027,Sl.r.

Groton* . . .

. 1987

3,138,42't

Waltham . .

. 14,009

11.538,801

Holliston . .

. 2220

1,757,973

Watertown .

. 6238

7,007,681

Hopkinton .

. 3922

2,200,238

Wayland . .

. 194C

l,29»,:i20

Hadaon . . .

. 3988

2,102,450

Westford . .

. 2193

1,131,06'.!

Lexington

. 2718

3,015,773

Weston . . .

. 1427

2,431,avi

Lincoln . . .

901

1,291,173

Wilmington .

. 991

670,700

Littleton . .

. 1067

818,633

Winchester .

. 4390

4,474,736

Lowell . . .
UaMen . . .
MarlboroDgh

. 04,107
.16,407
. 10,941

54,358,503
14.019,929
4,436,327

Wobom . .

. 11,750

8,186,121

357,311

315,911,919

In 1643, at the time of the incorporation of Middle-
sex County, as baa been stated, the judicial power
was vested in the General Court, the Court of Assist-
ants (or Great Quarter Court), the Quarter Courts
and the Stranger's Courts. After the formation of the
county the above courts continued, though the Stran-
gers' Courts were modified, and the Quarter Courts in
their respective counties were called County or Inferior
Quarter Courts. It had also been provided before the
above date, by an act passed September 9, 1639, that
records be kept of all wills, adminstrations and inven-
tories of every marriage, birth and death, and of all
men, houses and lands. It had before the last date
been provided, by a law passed April 1, 1634 —

" that the conatabla and fuur or more of the chief iDhabitanta of every
town (to be ohoeen by all the freemen there at aome meetiog there),
with the advice of some one or more of the next aaBistanta, sbalL make a
BQireylDg of the houses, baduidea, cornfields, mowing ^ronnd, and
other lands improved or inclosed or granted by special orders of the

court, of every free inhabitant there, aod ehall enter the same in a book
(fairly written in words at length and net in ftgnn-B), with the several
boumlsandquantitiea by the nearest eetiQiation, and shall deli\'eratmn-
script thereof into the court within six months now next ensuing, and
the same so entered antf recorded shall be a sutticient assurance to every
auch free inhabitant, bis and their heire and asaigns, of such estate of in-
heritance or OS they shall have in any auch hoiiaes, lands or frank ten-
ements. The like coursH shall be taken forosenmnce of all houses and
town lota of all such as shall be hereafter enfraAhised, nod every sale or
grant of such houses or lota as shall be from time to time entered into
the said book by the said constable and four Inliabltunta or their suc<
ceasore (who shall be still supplied upon death or removal), for which
ontry the purchusera shall pay sixpence and the like sum for a cupy
thereof umler the hands of the said aurvevora or three of them."

A further provision of law conceniing lands and
titles was made on the 7th of October, 1640, as fol-
lows :

** For avoiding all fraudulent conveyances, and that every man
may know what estate or intereat other men may have innny
bonsea, lands or other hereditaments they are to deal in, it is there-
fore ordered that after the end o^ the month no mortgage, bargain
sale or grant hereafter to be made of unyhouses, lands, rents or
other hereditaments, shall be of force against any other person, except
the grantor and his heirs, unless the same he recorded as ia here-
after expressed ; and that no auch bargain, sale or grant already made in
way of mortgage where the grantor remains iu posMjssion, .••hall l»e wf force
against iiny uther but the ^;ran^or ur his htira, e\cepl tlie fame ahull be
entered aa Is hereattfr expressed within one mouth iifJer the eud uf this
coui-t, if the party be within this jun»licttou, or elae within three
months after he bhail reiuru. And if any such grantor, etc., be re-
quired by the grantee, etc., t'> make an acknowledgment of any grant,
etc., by him made, shall refusR so to do, it shall be in the power of any
magistrate to send for the party so refuaiug and commit him to prison,
without bail or mayneprise, until be shall acknowleilge the same.

*' And the grantee ia to enter bis caution with the recorder, and thia
shall save his interest In the meantime ; and if it be doubtful whether
it be the deed or grant of the party, he shall be bound with sureties to
the next court and the caution ahall remain good ns aforesaid.

" And for reconling of all such bargaina, etc., it is further ordered
that there shall he one appointed at Ipswich, for which Mr. Samuel Sy-
monds is chosen for tliHt court to enter all such Itargains, sales, etc., of
all lands, etc., within tjie Juri6<liction of that court ; and Mr. Kmanuetl
Dowing is chosen in like part for the jurisdiction of the court of Salem ;
and all the rest to be entered by Mr. Stephen Winthrop, the recorder of
Boston."

This condition of things of course ceased on the for-
mation of counties iu 1643, and then the clerk of the
court in each county became the recorder of deeds.

After the incorporation of the counties it was pro^
vided by law that '* there shall also be county courts
held in the several counties by the magistrates living
in the respective counties, or any other magistrates
that can attend the same, or by such magistrates as
the General Court shall appoint from time to time,
together with such persons of wealth, where there
shall be need, as shall from time to time be appointed
by the General Court (at the nomination of the free-
men of the county), to be joined in commission with
the magistrates so that they may be five in all, three
whereof may keep a court provided there be one
magistrate ; every of which courts shall have full
power to hear and determine all causes civil and
criminal not extending to life, member or banishment
(which, with causes of divorce, are reserved to the Court
of Assistants), and to make and constitute clerks and
other needful oflBcers and to summon juries of inquest
and trials out of the towns of the county." These

MIDDLESEX COUNTY.

xui

County Courts, besides the jurisdiction given to them
in the preceding law, retained that which had been
held by the Inferior Courts before the formation of
counties.

On the i5th of September, 1638, another class of
courts was established which continued after the
counties were formed. At that date it was ordered
"that for avoiding of the county's charge by bringing
small causes to the Court of Assistants that any mag-
istrate in the town where he dwell may hear and de-
termine by his discretion all causes wherein the debt
or tresspass or damage, etc., doth not exceed twenty
shillings, and in such town where no magistrate dwells
the Gener^il Court shall from time to time nominate
three men; two thereof shall have like power to hear
and determine all such actions under twenty shillings;
and if any of the parties shall find themselves grieved
with any such end or sentence, they may appeal to the
next Quarter Court or Court of Assistants.

"And if any person shall bring any such action to
the Court of Assistants before he hath endeavored to
have it ended at home (as in this order is appointed),
he shall lose his action and pay the defendant's co>t8."

It was further enacted in 1647 and 1649, for the
purpose of more clearly detining and enlarging the
jurisdiction of this petty court, that "any magistrate
in the town where he dwells may hear and determine
by his discretion (not by jury), according to the laws
here established, all causes arising in that county
wherein ihe debt, trespass or damage doth not exceed
forty shillings, who may send for parties and witnesses,
by summons or attachment directed to the marshal or
constable, who shall faithfully execute the same."
And " that in such towns where no magistrate dwells
the Court of Ass'istants or County Court may from
time to time, upon re([uest of the said town signified
under the hand of the constable, appoint three of the
freemen as commissioners in such cases, any two
whereof shall have like power to hear aud determine
all such causes wherein either party is an inhabitant
of that town, who have hereby power to send for par-
ties and witnesses by summons or attachment directed
to the constable, ;is also to administer oaths to wit-
nesses and to give time to the defendant to answer if
they see cau-e; and if the party summoned refuse to
give in his bond or appearance, or sentenced refuse
to give satisfaction where no goods appear in the same
town where the [lany dwells, they may charge the
constable with the party to carry him before a magis-
trate or shire court (if then sitting), to be further
proceeded with according to law, but the said com-
missioners may not commit to prison in any case.
And where the parties live in several towns the de-
fendant shall be liable to be sued in either town at
the liberty of the plaintiff."

And "that in all small causes as aforesaid, where
only one magistrate dwells in the town and the cause
concerns himself, as also in such towns where no mag-
istrate is, and the cause concerns any of the three

commissioners, that in such cases the selectmen of the
town shall have power to hear and determine the
same, and also to grant execution for the levying and
gathering up such damages for the use of the person
damnified as one magistrate or three commissioners
may do. And no debt or action proper to the cog-
nizance of one magistrate or the three commissioners
as aforesaid shall be received into any county court
but by appeal from such magistrate or commissioners,
except in cases of defamation and battery."

The selectmen were also authorized to try offences
against their own by-laws where the penalty did not
exceed twenty shillings provided the offence was not,
as it was called, a criminal one.

Up to the year 1685 the judicial system of the
Province of Massachusetts continued as has been
above narrated. First, there was the General Court,
with legislative powers and a limited appellate juris-
diction from the Court of Assistants ; second, the
Court of Assistants or Great Quarter Court, with ex-
clusive jurisdiction in all criminal cases involving lifei
member or banishment and concurrent jurisdiction
with the County Courts in civil cases involving not
more than one hundred pounds and appellate juris-
diction from the County Courts; third, the County
Courts or Inferior Quarter Courts, with jurisdiction
in civil and criminal cases, except cases of divorce
and cases involving life, member or banishment,
having power to summon grand and petit jurors and
to appoint their own clerks and other necessary offi-
cers, to lay out highways, license taverns, see that a
proper ministry was supported, and have general
control of probate matters, prove wills, grant admin-
istration, record deeds and mortgages and have ap-
pellate jurisdiction from the Commissioners' Courts;
fourth. Strangers' Courts held at first by the Go.vernor
or Deputy-Governor and two magistrates, or in the
absence of the Governor and Deputy, by three magis-
trates, with the same jurisdiction as the County Courts
so far as strangers were concerned, and whose judg-
ments were final; fifth, Commissioners' Courts, and
sixth. Selectmen's Courts.

On 18th of June. 1684, a judgment vacating the char-
ter of the Province of Massachusetts Bay was issued,
and a copy was received by the Colonial Secretary,
Edward Rawson, on the 2d of July of the next year.
Joseph Dudley was thereupon appointed by the
King, President of Massachusetts, Maine, New Hamp-
shire and the Narragansett country, and received his
commission May 15, 1686. The King also appointed
as members of the Council, Simon Bradstreet, Robert
Mason, John Fitz Wiiithrop, .Tohn Pynchon, Peter
Bulkley, Edward Randolph, Wait Still Winthrop,
Richard Wharton, John Usher, Nathaniel Saltonstall,
Bartholomew Gedney, Jonathan Tyng, Dudley Brad-
street, John Hincks, Francis Champemon and Ed-
ward Tyng ; of whom Simon and Dudley Bradstreet,
Nathaniel Saltonstall and Francis Champernon de-
clined. The President and Council possessed no leg-

HISTORY OF MIDDLESEX COUNTY, MASSACHUSETTS.

islative power, except to establish auch courts as
might be necessary. They were a court of them-
selves and had authority to appoint judges. They
established a Superior Court with three sessions a year
at Boston, and " Courts of Pleas and Sessions of the
Peace" in the several counties. The President as-
sumed probate jurisdiction, but in some counties ap-
pointed judges of probate. William Stoughton was
appointed to preside in the County Courts of Middle-
sex, Suffolk and Essex, and John Richards and Simon
Lynde were appointed assistants. The appointments
were made July 26, 1686, and appeals could be had
from these courts to the President and Council. Be-
fore the year 1686 had expired, Edmund Andros ar-
rived in Boston, on the 19th of December, and, as
Governor, assumed jurisdiction over the whole of New
England, including the Plymouth Colony, which was
not included in the commission of Dudley.

He appointed thirty-nine members of his Council,
and he assumed for the Governor and Council the
exclusive power of makiug and executing the laws,
subject only to the royal approval. He gave to jus-
tices of the peace civil jurisdiction in cases not
affecting lands and not involving a sum exceedinf
forty shillings. He established the " Quarterly
Sessions Court," held by the several justices in their
respective counties, and " the Inferior Court of Com-
mon Pleas," to be held in each county by a single
judge assisted by two or more justices of the county.
Their jurisdiction was limited to cases involving sums
not exceeding ten pounds, and no question of free-
hold except in Boston, where the limit was twenty
pounds. He established, finally, a .Superior Court of
Judicature, in which no action could be begun in-
volving less than ten pounds, unless it concerned a
question of freehold, and this court was to be held in
Boston, Cambridge, Charlestown, Plymouth, Bristol,
Newport, Salem, Ipswich, Portsmouth, Falmouth
(Portland), Northampton and Springfield. Joseph
Dudley was appointed chief justice of this court.

The act establishing these courts was passed by the
Governor and Council March 3, 1687. Though the
judiciary system thus established was a complete re-
versal of the old court system, it was a vast improve-
ment on the old and became the model on which
the judicial -system under the Provincial charter
was finally shaped. A Court of Chancery was also
created with full equity powers, to be held by the
Governor or by a chancellor of his appointment, to
be assisted by five or more of the Council. Special
Courts of Oyer and Terminer were also created for the
trial of offenden. The Commiasioneri' Courts were
retained. Appeals lay from the Quarter Sessions and
the Court of Common Pleas to the Superior Court,
from the Superior Court to the Governor and Council,
and from the Giovemor and Council and the Court of
Chancery to the King.

The Superior Court was organized with Joseph
Ddley, chief justice, and William Stoughton and

Peter Bulkley associates. At a later time Samuel
Shrirapton, Simon Lynde and Charles Lidget are
mentioned as having sat as associates. John Palmer
sat as chief justice in 1688. The courts, however,
during the administration of .Yndros were mere
mockeries of justice. As the supple tool of a tyrant,
his whole career while Governor served to exasperate
the people and to lay one of the stones in the founda-
tion of a structure which was destined, under the
pressure of tyrannical hands, to become a free and in-
dependent republic. When the news of the landing
of the Prince of Orange in England reached Boston,
a revolution broke out on the 18th of April, 1689,
and Andros wa.« seized and imprisoned. In February,
1690, he was sent back to England, and in 1692 was
uppointedGovernorof Maryland and Virginia. From
this last position he was removed in 1698, and, return-
ing home, died in 1714. After the overthrow of
.\ndros and his government the old judiciary sy.'item
which had existed under the charter was resumed,
and continued in operation until the union of the
Colonies, in 1692.

On the 7th of October, 1691, a new charter was
issued, which embraced Massachusetts, Plymouth,
Maine, Nova Scotia, with intervening territories, to-
gether with Nantucket and Martha's Vineyard, which
had previously belonged to New York, under the
name of the " Province of the Massachusetts Bay in
New England." This charter reached Boston on the
14th of May, 1692, and iinder its provisions the gov-
ernment consisted of a Governor, Deputy-Governor
and Secretary, appointed by the King and Councillors,
chosen by the General Court, and a House of Repre-
sentatives, chosen annually by the people. The Gov-
ernor had the power of veto, and all acts and elec-
tions by the General Court must, in order to be valid,
receive the approval of the King. The General
Court was authorized "to erect and constitute judica-
tories and courts of records or other courts," and the
Governor and Council could appoint judges, sheriffs,
justices of the peace and other officers of the courts.
The charter gave to the Governor and Council the
control of probate matters, but this control was dele-
gated by them in each county to judges of their ap-
pointment. No judicial power remained in the hands
of the General Court, as under the colonial charter.
The first court organized under the new charter was a
special Court of Oyer and Terminer, created by Wil-
liam Phipps, the first Provincial Governor, for the
purpose of trying persons charged with witchcraft.
On the 2d of June, 1692, the Governor issued his
commission appointing William Stoughton chief
justice ; Nathaniel Saltonstall, John Richards, Bar-
tholomew Gedney, Wait Winthrop, Samuel Sewall
and Peter Sergeant, associate justices ; Stephen Sew-
all, clerk ; Thomas Newton, attorney-general, and
George Corwen, sheriff. Nathaniel Saltonstall de-
clined, and Jonathan Curwin was appointed in his
place, and Thomas Newton was succeeded as attorney-

MIDDLESEX COUNTY,

XV

general on the 22d of July by Anthony Checkley.
Nathaniel Saltonstall seems to have been a man of
sagacity and prudence. He had declined to serve as
a meml>er of Dudley's Council, and now evidently
avoided the precarious complications of the prevail-
ing witchcraft mania. The tirst meeting of this court
was at Salem^ on the 2d of June, 1692. Its subsequent
meetings were on the 28ih of June, the 3d of August,
and 9th and 17th of September, after which the court
dissolved. During this period nineteen persons were
tried, condemned and hung for witchcraft, and one
was pressed to death. There is nothing in the history
of New England so revolting as the record of this
court. That men like Samuel Sewall, called by hiy
eulogists a man of " learning, integrity and piety,"
should have been carried away by such an infatua-
tion impresses us with the conviction that human na-
ture, in all the centunej*, is the same, and that what
are called the barbarities of a dark age can be fully
paralleled by the atrocities of an age of boasted civil-
ization. If we seek an apology for the mania it is
possible that we may find a shadow of one in the fact
that our fathers believed in the verbal inspiration
from God of the Scriptures which inculcated a belief
in witchcraft, and which declared, in the 18th verse of
the 22d chapter of Exodus : " Thou shall not sutfer a
witch to live."

The first meeting of the General Court under the
new charter was held on the 28th of June, 1G92. Its
first act was the following, continuing the local laws
to stand in force till November the lOth, 1692 :

'* Be it ortlered iind enacted by tlio (Jovernor, Council and Repreaeuta-
Itves conveneii in Geueml .\t*sembly, and it is hereby unlured :idi1 f>a-
iirted by tlie authority of the aume. that all the local laws respectively
ordered and nuulp by the late r.uvornor and company of the Maiwiichu-
setts Bay and the late !;overnnienl of New Plyinuuth beinj; nut repug-
nant to the Irtwa of EoplanJ, nor inCMnsiatent with the preaeni coiiBti-
tntion and settlement by their lUrtjestiea royal charter, -lo remain nuil
continue in full force in the respective plai ub for which they wt-re mude
itnd used, until the tenth day of N'uveniber next ; except in cases »vhere
other provibion in or bhall he made by this ■ ourt ur ;i8tiembly.

" And all peruoQB are requireil to mnforai theni»elveH accunlinyly ;
and the Heveral justices are hereby empowt^re^l to the ex»H:ution of aaid
lawa as the magistrates formerly were."

A subsequent act was passed continuing the local
laws in force until the General Assembly should
otherwise order. On the 25th of November, 1602, an
act was passed entitled " An Act for the Establishing
of Judicatories and Courts of Justice within thi^ Prov-
ince," from which the following are extracts :

" Sec. 1. Be it enacted aud ordained by his excellency, the Ouvernoi-,
roimcil and representatives convened in (leneral Asuenibly, and it is
berely enacted and ordained by the authority of the Witne, that all man-
ner of debts, treapasBea and other nuitters not exceeding the value of
forty shilling wherein the title of land i^ not concerocd, Thailand may
be heard, tried, adjudgeil and determined by any of their nmjesties'
justices of the peace of this ProTince within the respective counties '
where he resides ; who is hereby empowered, upon complaint made, to :
irrant a warrant or summons against the party complained of seven days
before the day of trial or hearing, etc.

*' Sec. "J. Be it further enacted and ordained by the authority afore-
said that there shall be held aud kept in each respective connty within

this ProTioce yearly, at the times and places hereafter named and ex-
pressed four courts or quarter sessions of tbe peace by the justices of
the peace of the same county, who are hereby empowered to hear and
determine all matters relating to the conservation of the peace and pun-
shnient of otfenders and whatsoever is by them cognizable according
to law, that ia to say, For the county of Suffolk, at Boston, on tbe first
Tuesdays in March, June, September and December : For the county of
Plymouth, at Plymouth, on the third Tueadaye in March, June, Septem-
ber and December: For the county of Essex, at Salem, on the last
Tuesdays in June and December; at Ipswich on tbe last Tuesday in
March ; and at Newbury on tbe last Tuesday io September: For the
county of Middlesex, at ChartefltowD, on the second Tuesdays in March
and December ; at Cambridge on the second Tuesday in September and
At Concord on tbe second Tuesday of June: For the county of Bam-
-jtable, at Barnstable, on the first Tuesdays in April, July, October and
January : at Bristol for the county of Bristol on the second Tuesdays in
April, July, October and January : For the county of York, at York, on
the first Tuesdays in April and July ; and at Wells on tbe firet Tuesdays
in October and January: And for the connty of Hampshire, at North-
ampton, on the first Tuesdays in March and June ; at Springfield on the
last Tuesdays in September and December: And that there be a general
>iB68ionB of the peace held and kept at Edgartown, upon the island of
Capawock, alias Murtha's Vineyard, and on the island of Nantucket
respectively upon the last Tuesday in filarch and on tbe first Tuesday of
October yearly, from time to time.

"Sku. :}. And it is further enacted by the authority aforesaid, That
Ht the times and places above-mentioned there shall be held and kept
in e&ih respective county and iblande before named within this Province
HD Inferior Court of Common Pleas, by four of tbe Justices of, and
residing within the same county and islands respectively to be appointed
and commissioned thereto ; any three of whom to be a quorum for the
hearing and detemiining of all civil actions arising or happening with-
in the same, triable at the common law, of what nature, kind or quality
M>ever ; and upun judgment given therein to aw«nl execution, etc.

"Sec. 4. Anil it is further enacted by tbe authority aforesaid that
there shall be a Su|>erlor Court of Judicature over tbla whole Province,
to be held and kept annually at the respective times and places here-
after mentioned by one Chief Justice and four other Justices to heap-
pointed and commisstonate«l for the same: three of whom to be a
quorum, who shall have cognisance of all pleao, real, personal or mixt,
js well in all plena of tbe crown and in all matters relating to the con-
servation of the peace and punishment of offenders, as in civil causes or
actions between party and [tariy and t>etween their majesties and any of
their subjects, whether the same do concern tbe realty and relate to any
light of freehold and inheritance or whether the same do concern the
[H^rsoiialty and relate to matter of debt, contract, damage or personal
injury ; and also in all mixt actions which may concern both realty and
pr'r»)ually ; and after deliberate hearing to give judgment and award
t'xecutiou thereon. The said Superior Court to be held and kept ,at tbe
times and places within the respective counties following; that is to
Miy, Within the county of Suffolk, at Boston, on the last Tuesdays of
April and October ; Within the county of Middlesex, at Charlestoim, on
the lost Tuesdays of July and January ; Within tbe county of Essex, at
Salem, on the s<cond Tuesday of November ; and aC Ipswich on tbe
second Tuesday of May ; Within tbe counties of Plymouth, Barnstable
and Bristol atPlyitiouth, on the last Tuesday of February and at Bristol
on the last Tuesday of August.

'* Sec. 12. And it is hereby further enacted by the authority aforesaid,
that there be a High Court of Chancery within this Province, who shall
have power and authority to hear and determine all matters of equity
of what nature, kind or quality Hoever, and all controversies, disputes
and differeuces arising betwixt co-executors, and other matters proper
and cognizable to said court not relievaole by common law ; tbe said
court 10 be holden and kept by the Governor or snob others as he shall
;ippoint to be Chancellor, assisted with eight or more of the Conocil,
who may appoint all necessary officers to the said Council."

This act continued in force until advice of its dis-
allowance or repeal by the Privy Council was re-
ceived. The repeal was dated August 22, 1695, and
its reasons were expressed in the following words:
" Whereas, by the act, etc., divers courts being estab-
lished by the said act, it is hereby further provided
that if either party not being satisfied with ye judg-

XVI

HISTORY OF MIDDLESEX COUNTY, MASSACHUSETTS.

ment of any of ye said courts in personal! actions not
exceeding £300 (and no other), they may appeal to
His Majesty in Council!, which proviso not being ac-
cording to the words of the charter, and appeals to
the King in Council! in real! actions, seeming thereby
to be excluded, it hath been thought fit to repeal
the said act."

On the 19th of June, 1697, another act was passed
establishing courts, which was disallowed Nov. 24,
1698, because it provided, among other things, "that
all matters and issues in fact shall be tried by a jury
of twelve men," which proviso was looked upon as
directly contrary to the intention of the Act of Parlia-
ment entitled An Act for preventing frauds and regu-
lating abuses in the plantation trade, by which it was
provided that all causes relating to the breach of the
Acts of Trade might, at the pleasure of the officer or
informer, be tried in the Court of Admiralty in which
court trials were not held with juries of twelve men.

On the 26th of June, 1699, three acts were passed
establishing a Court of General Sessions of the Peace,
and an Inferior Court of Common Pleaa in each coun-
ty and a Superior Court of Judicature for the Prov-
ince. The Court of General Sessions of the Peace
was required to be held in each county, yearly, at
specified times and places by the justices of the peace
of said county, who were empowered to hear and de-
termine all matters relating to the conservation of the
peace and punishment of offenders. The Inferior
Court of Common Pleas was to be held in each coun-
ty by four substantia! persons to be commissioned as
justices, any three of whom were to be a (juorum who
should have cognizance of all civil actions arising or
happening within the county triable at common
law, provided that no action under forty shillings
be brought into said court unless where freehold
was concerned, or upon appeal from a justice of the
peace. The Superior Court of Judicature was to be
held at specified times and places in the Province by
one chief justice and four other justices, who should
have cognizance of all pleas, real, personal or mixed,
as well as all pleaa of the crown and all matters relat-
ing to the conservation of the peace and punishment
of offenders. It was to be held at Boston for the
county of Suffollc on the first Tuesdays of November
and May ; for the county of Middlesex at Cambridge
on the last Tuesday in July, and at Charlestown on
the last Tuesday of January ; for the county of
Hampshire at Springfield on the second Tuesday of
August ; for the county of York at Kittery on the
Thursday before the Ipswich Court ; for the counties
of Plymouth, Barnstable and Dukes at Plymouth on
the last Tuesday of March ; and for the county of
Bristol at Bristol on the second Tuesday of September

The Court of Chancery established by the act of
November 25, 1692, was re-established by a separate
act in 1693, and Admiralty jurisdiction, as has been al-
ready stated, was reserved for the King. Besides these
couitB,and completing the Hat of courts, was the Court

of Justices of the Peace. The disallowed act of 1691"
gave the justices of the peace jurisdiction "in all
manner of debts, trespasses and other matters not ex-
ceeding forty shillings in value, wherein the title of
land was not concerned." In 1697 a special act was
passed re-enacting substantially the provisions of the
act which had been disallowed, so far as the civil jur-
isdiction of the justices was concerned. From time
to time subsequently, the powers of justices, both in
civil and criminal matters, were enlarged. But one
other important court remains to be mentioned, but
one established not by any law of the General Court,
but by the Governor and Council under the charter.
In probate matters jurisdiction had been exercised
during the colonial period by the common law courts.
During the administration of Audros it was assumed
by the Governor, but by the charter it was conferred
on the Governorand Council, wh