Read Ebook: The Bay State Monthly — Volume 1 No. 6 June 1884 by Various

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We the Subscribers appointed a Committee by the General Court to run the Line between Groton & Nashoba & to lay out Five hundred Acres of Land in said Nashoba to the the Descendants of the Indians; Pursuant to said Order of Court, bearing Date Octob'r 20'th 1714, We the Subscribers return as follows;

That on the 30'th. of November last, we met on the Premises, & heard the Information of the Inhabitants of Groton, Nashoba & others of the Neighbouring Towns, referring to the Line that has been between Groton & Nashoba & seen several Records, out of Groton Town Book, & considered other Writings, that belong to Groton & Nashoba, & We have considered all, & We have run the Line We began next Chelmsford Line, at a Heap of Stones, where, We were informed, that there had been a great Pine Tree, the Northeast Corner of Nashoba, and run Westerly by many old mark'd Trees, to a Pine Tree standing on the Southerly End of Brown Hill mark'd N and those marked Trees had been many times marked or renewed, th? they do not stand in a direct or strait Line to said Pine Tree on said Brown Hill; And then from said Brown Hill we turned a little to the East of the South, & run to a white Oak being an old Mark, & so from said Oak to a Pitch Pine by a Meadow, being an other old Mark; & the same Line extended to a white Oak near the North east Corner of Stow: And this is all, as we were informed, that Groton & Nashoba joins together: Notwithstanding the Committees Opinion is, that Groton Men be continued in their honest Rights, th? they fall within the Bounds of Nashoba; And We have laid out to the Descendants of the Indians Five hundred Acres at the South east Corner of the Plantation of Nashoba; East side, Three hundred Poles long, West side three hundred Poles, South & North ends, Two hundred & eighty Poles broad; A large white Oak marked at the North west Corner, & many Line Trees we marked at the West side & North End, & it takes in Part of two Ponds.

Dated Decem'r 14. 1714.

HOPESTILL BROWN TIMOTHY WILY JOSEPH BURNAP

Consented to J Dudley.

The incorporation of Nashobah on November 2, 1714, settled many of the disputes connected with the lands; but on December 3 of the next year, the name was changed from Nashobah to Littleton. As already stated, the plan of the original Groton grant had never been returned by the proprietors to the General Court for confirmation, and this neglect had acted to their prejudice. After Littleton had been set off, the town of Groton undertook to repair the injury and make up the loss. John Shepley and John Ames were appointed agents to bring about the necessary confirmation by the General Court. It is an interesting fact to know that in their petition they speak of having in their possession at that time the original plan of the town, made by Danforth in the year 1668, though it was somewhat defaced. In the language of the Records, it was said to be "with the Petitioner," which expression in the singular number may have been intentional, referring to John Shepley, probably the older one, as certainly the more influential, of the two agents. This plan was also exhibited before the General Court on June 18, 1713, according to the Records of that date.

The case, as presented by the agents, was as follows:--

A petition of John Sheply & John Ames Agents for the Town of Groton Shewing that the General Assembly of the Province did in the year 1655, Grant unto M'r Dean Winthrop & his Associates a Tract of Land of Eight miles quare for a Plantation to be called by the name of Groton, that Thom's & Jonathan Danforth did in the year 1668, lay out the said Grant, but the Plat thereof through Neglect was not returned to the Court for Confirmation that the said Plat th? something defaced is with the Petitioner, That in the Year 1713 M'r Samuel Danforth Surveyour & Son of the abovesaid Jonathan Danforth, at the desire of the said Town of Groton did run the Lines & make an Implatment of the said Township laid out as before & found it agreeable to the former. W'h. last Plat the Petitioners do herewith exhibit, And pray that this Hon'ble Court would allow & confirm the same as the Township of Groton.

In the House of Represent'ves; Feb. 10. 1717. Read, Read a second time, And Ordered that the Prayer of the Petition be so far granted that the Plat herewith exhibited be accounted, accepted & Confirmed as the Bounds of the Township of Groton in all parts, Except where the said Township bounds on the Township of Littleton, Where the Bounds shall be & remain between the Towns as already stated & settled by this Court, And that this Order shall not be understood or interpreted to alter or infringe the Right & Title which any Inhabitant or Inhabitants of either of the said Towns have or ought to have to Lands in either of the said Townships

In Council, Read & Concur'd, Consented to Sam'll Shute

The proprietors of Groton felt sore at the loss of their territory along the Nashobah line in the year 1714, although it would seem without reason. They had neglected to have the plan of their grant confirmed by the proper authorities at the proper time; and no one was to blame for this oversight but themselves. In the autumn of 1734 they represented to the General Court that in the laying out of the original plantation no allowance had been made for prior grants in the same territory, and that in settling the line with Littleton they had lost more than four thousand acres of land; and in consideration of these facts they petitioned for an unappropriated gore of land lying between Dunstable and Townsend.

The necessary steps for bringing the matter before the General Court at this time were taken at a town meeting, held on July 25, 1734. It was then stated that the town had lost more than twenty-seven hundred and eighty-eight acres by the encroachment of Littleton line; and that two farms had been laid out within the plantation before it was granted to the proprietors. Under these circumstances Benjamin Prescott was authorized to present the petition to the General Court, setting forth the true state of the case and all the facts connected with it. The two farms alluded to were Major Simon Willard's, situated at Nonacoicus or Coicus, now within the limits of Ayer, and Ralph Reed's, in the neighborhood of the Ridges; so Mr. Butler told me several years before his death, giving Judge James Prescott as his authority, and I carefully wrote it down at the time. The statement is confirmed by the report of a committee on the petition of Josiah Sartell, made to the House of Representatives, on June 13, 1771. Willard's farm, however, was not laid out before the original plantation was granted, but in the spring of 1658, three years after the grant. At this time Danforth had not made his plan of the plantation, which fact may have given rise to the misapprehension. Ralph Reed was one of the original proprietors of the town, and owned a fifteen-acre right; but I do not find that any land was granted him by the General Court.

It has been incorrectly supposed, and more than once so stated in print, that the gore of land, petitioned for by Benjamin Prescott, lay in the territory now belonging to Pepperell; but this is a mistake. The only unappropriated land between Dunstable and Townsend, as asked for in the petition, lay in the angle made by the western boundary of Dunstable and the northern boundary of Townsend. At that period Dunstable was a very large township, and included within its territory several modern towns, lying mostly in New Hampshire. The manuscript records of the General Court define very clearly the lines of the gore, and leave no doubt in regard to it. It lay within the present towns of Mason, Brookline, Wilton, Milford, and Greenville, New Hampshire. Benjamin Prescott was at the time a member of the General Court and the most influential man in town. His petition was presented to the House of Representatives on November 28, 1734, and referred to a committee, which made a report thereon a fortnight later. They are as follows:--

Sent up for Concurrence.

The proprietors of Groton had a year's time allowed them, in which they could lay out the grant, but they appear to have taken fifteen months for the purpose. The record of the grant is as follows:--

A Memorial of Benj'a Prescott Esq: Represent'a of the Town of Groton in behalf of the Proprietors there, praying that the Votes of the House on his Memorial & a plat of Ten Thousand Eight hundred Acres of Land, lately Granted to the said Proprietors, as Entred in the House the 25 of March last, may be Revived and Granted, The bounds of which Tract of Land as Mentioned on the said Plat are as follows viz't.: begining at the North West Corner of Dunstable at Dram Cup hill by Sohegan River and Runing South in Dunstable line last Perambulated and Run by a Com'tee of the General Court, two Thousand one hundred & fifty two poles to Townshend line, there making an angle, and Runing West 31 1-2 Deg. North on Townshend line & province Land Two Thousand and Fifty Six poles to a Pillar of Stones then turning and Ru?ing by Province Land 31 1-2 deg North two Thousand & forty Eight poles to Dunstable Corner first mentioned

In the House of Represent'a. Read & Ordered that the prayer of the Memorial be Granted, and further that the within Plat as Reformed and Altered by Jonas Houghton Survey'r, be and hereby is accepted and the Lands therein Delineated and Described be and hereby are Confirmed to the Proprietors of the Town of Groton their heirs and Assignes Respectivly forever, According to their Several Interests; Provided the same do not interfere with any former Grant of this Court nor Exceeds the Quantity of Eleven thousand and Eight hundred Acres and the Committee for the Town of Ipswich are Allowed and Impowred to lay out such quantity of Land on their West line as is Equivalent to what is taken off their East line as aforesaid, and Return a plat thereof to this Court within twelve Months for confirmation.

In Council Read & Concurr'd.

Consented to J Belcher

And in Answer to the said Memorial of Benj'a Prescott Esq'r

In the House of Represent'a. Ordered that the prayer of the Memorial be Granted and the Com'tee. for the new Township Granted to some of the Inhabitants of Ipswich are hereby Allowed to lay out an Equivalent on the West line of the said New Township Accordingly.

In Council Read & Concurr'd

Consented to J Belcher

This grant, now made to the proprietors of Groton, interfered with the territory previously given on April, 1735, to certain inhabitants of Ipswich, but the mistake was soon rectified, as appears by the following:--

Sent up for Concurrence.

Under this grant, the inhabitants of Groton took possession of, and occupied the territory. It was their custom to cut the hay upon the meadows, and stack it, and early in the spring to send up their young cattle to be fed upon the hay, under the care of Boad, the negro slave. They would cause the woods to be fired, as it was called, that is, burnt over in the spring; after which fresh and succulent herbage springing up, furnished good store of the finest feed, upon which the cattle would thrive and fatten through the season. Boad's camp was upon the east side of the meadow, near the residence of the late Joel Ames.

In connection with the loss of the Gore, a brief statement of the boundary question between Massachusetts and New Hampshire is here given.

The new boundary passed through the original Groton grant, and cut off a triangular portion of its territory, now within the limits of Nashua, and went to the southward of Groton Gore, leaving that tract of land wholly in New Hampshire.

A few years previously to this time the original grant had undergone other dismemberment, when a slice of its territory was given to Westford. It was a long and narrow tract of land, triangular in shape, with its base resting on Stony Brook Pond, now known as Forge Pond, and coming to a point near Millstone Hill, where the boundary lines of Groton, Westford, and Tyngsborough intersect. The Reverend Edwin R. Hodgman, in his History of Westford, says:--

Probably there was no computation of the area of this triangle at any time. Only four men are named as the owners of it, but they, it is supposed, held titles to only a portion, and the remainder was wild, or "common," land,

In the Journal of the House of Representatives , September 10, 1730, there is recorded:--

Sent up for Concurrence.

This order received the concurrence of the council, and was signed by the governor, on the same day that it passed the House.

During this period the town of Harvard was incorporated. It was made up from portions of Groton, Lancaster, and Stow, and the engrossed act signed by the governor, on June 29, 1732. The petition for the township was presented to the General Court nearly two years before the date of incorporation. In the Journal of the House of Representatives , October 9, 1730, it is recorded:--

Sent up for Concurrence.

Further on, in the same Journal , December 29, 1730, it is also recorded:--

Sent up for Concurrence.

Sent down for Concurrence. Read and Concurred.

The original copy of the petition for Harvard is now probably lost; but in the first volume of "Ancient Plans Grants &c." among the Massachusetts Archives, is a rough plan of the town, with a list of the petitioners, which may be the "Schedule" referred to in the extract from the printed Journal. It appears from this document that, in forming the new town, forty-eight hundred and thirty acres of land were taken from the territory of Groton; and with the tract were nine families, including six by the name of Farnsworth. This section comprised the district known, even now, as "the old mill," where Jonas Prescott had, as early as the year 1667, a gristmill. The heads of these families were Jonathan Farnsworth, Eleazer Robbins, Simon Stone, Jr., Jonathan Farnsworth, Jr., Jeremiah Farnsworth, Eleazer Davis, Ephram Farnsworth, Reuben Farnsworth, and Fransworth, who had petitioned the General Court to be set off from Groton. On this plan of Harvard the names of John Burk, John Burk, Jr., and John Davis, appear in opposition to Houghton's petition.

The town of Harvard took its name from the founder of Harvard College, probably at the suggestion of Jonathan Belcher, who was governor of the province at the time and a graduate of the college.

To his Excellency Jonathan Belcher Esq'r. Cap't General and Governour in Chief The Hon'ble. The Council and the Honourable House of Representatives of His Majestys Province of the Massachusetts Bay in New England in General Court Assembled by Adjournment Decemb'r 16 1730

The Memorial of Jonas Houghton Simon Stone Jonathan Whitney and Thomas Wheeler Humbly Sheweth

That upon their Petition to this Great and Honourable Court in October last praying that a Certain Tract of Land belonging to Lancaster Stow and Groton with the Inhabitants thereon may be Erected into a Distinct and Seperate Township your Excellency and Honours were pleased to Order that the petitioners Serve The Towns of Lancaster Groton and Stow with a Copy of their said Petition that they may shew Cause if any they have on the first Thursday of the next Sessions why the prayers thereof may not be granted.

And for as much as this great and Hon'ble. Court now Sitts by Adjournment and the next Session may be very Remote And your Memorialists have attended the Order of this Hon'ble: Court in serving the said Several Towns with Copys of the said Petition And the partys are attending and Desirous the hearing thereon may be brought forward y'e former order of this Hon'l Court notwithstanding.

They therefore most humbly pray your Excellency & Honours would be pleased to Cause the hearing to be had this present Session and that a Certain day may be assigned for the same as your Excellency & Honours in your great wisdom & Justice shall see meet.

And your Memorialists as in Duty bound Shall Ever pray.

JONAS HOUGHTON SIMON STOON JUNER JONATHAN WHITNEY THOMAS WHELER

In the House of Rep'tives Dec'r 17, 1730 Read and in Answer to this Petition Ordered That the Pet'rs give Notice to the Towns of Lancaster Groton and Stow or their Agents that they give in their Answer on the twenty ninth Inst't. why the Prayer of the Petition within referred to may not be granted.

Sent up for Concurrence

J QUINCY Sp'kr:

In Council Dec. 18, 1730; Read and Concur'd.

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