alent to an act of incorporation, is on file in the office of the clerk of the Judicial Courts in Middlesex County: "At a Council held at the Council Chamber in Boston on Wednesday the eleventh day of January, 1687; Present, 66 'His Exc'. S'. Edmund Andros, Kt., &c. "William Stoughton, Robert Mason, Peter Buckley, Wait Winthrop, 66 Esqs. John Usher, Edward Randolph, Esqs. Upon reading this day in Council the petition of the inhabitants of Cambridge Village in the County of Middlesex, being sixty families or upwards, that they may be a village and place distinct of themselves and freed from the town of Cambridge to which at the first settlement they were annexed; they being in every respect capable thereof, and by the late authority made distinct in all things saving paying towards their school and other town charges, for which they are still rated as a part of that town; and also the answer of the town of Cambridge thereto; and hearing what could be alleged on either part, and mature consideration had thereupon; those who appeared on the behalf of the town of Cambridge being contented that the said Village be wholly separated from them as desired, and praying that they may be ordered to contribute towards the maintenance of Cambridge Bridge, and that other provision be made as formerly usual to ease the town therein: - Ordered, that the said village from henceforth be and is hereby declared a distinct village and place of itself, wholly freed and separated from the town of Cambridge, and from all future rates, payments, or duties to them whatsoever. And that, for the time to come, the charge of keeping, amending, and repairing the said bridge, called Cambridge Bridge, shall be defrayed and borne as followeth (that is to say), two sixth parts thereof by the town of Cambridge, one sixth part by the said Village, and three sixth parts at the public charge of the County of Middlesex. "By order in Council, &c. JOHN WEST, D'. Sec. "This is a true copy, taken out of the original, 4th day of Decem. 88. "As attests, LAUR. HAMMOND, Cler." There remains no reasonable doubt, that "Newtown," which received its name December, 1691, was "separated from the town of Cambridge," and was declared to be "a distinct village and place of itself," or, in other words, was incorporated as a town, by the order passed Jan. 11, 1687, old style, or Jan. 11, 1688, according to the present style of reckoning.1 A few matters of less public nature, belonging to this period, should not be entirely overlooked. I quote from the Town Records. Dec. 14, 1657. "Liberty is granted unto Mr. Stedman, Mr. Angier, &c., the owners of the Ketch Triall, to fell some timber on the common for a ware-house." Nov. 14, 1670. "Granted to the owners of the Ketches that are to [be] builded in the town liberty to fell timber upon the common for the building of the said Ketches." By the County Court Records, it appears that in April, 1672, Daniel Gookin, Walter Hastings, and Samuel Champney, recovered ten pounds damage and costs of court, against William Carr for the unworkmanlike finishing of two ketches, or vessels, of thirty-five tons and twenty-eight tons. Among the papers in this case, remaining on file, is a deposition, to wit: “John Jackson, aged about 25 years, testifieth that, being hired to work upon the two vessels (whereof William Carr was master-builder) in Cambridge, I wrought upon the said vessels about four months in the winter 1670," etc. Sworn April 2, 1672. These were probably the vessels mentioned in the Town Order, Nov. 14, 1670. They were small in size; but it appears from Randolph's narrative,2 written in 1676, that more than two thirds of all the vessels then owned in Massachusetts ranged from six tons to fifty tons. Feb. 18, 1658. The Town voted, "That the Great Swamp lying within the bounds of this town, on the east side of Fresh Pond meadow and Winottomie Brook, shall be divided into particular allotments and propriety." March 23, 1662-3. "Ordered, that if any man be convicted that his dog is used to pull off the tails of any beasts, and do not 1 The orders in council are dated Jan. 1687; but that this was in the Old Style, calling March 25th the first day of the year, and thus equivalent to Jan. 1688, commencing the year, as we now do with the first day of January, is certain, because (1) according to the present style, Wednesday was not the eleventh day of January in 1687, but it was in 1688; and (2) King Charles II, died Feb. 6, 1684-5, and consequently the third year of the reign of James II. did not commence until Feb. 6, 1686-7, and the only January in that "third year" was in 1687-8, that is, in 1688, by the present style of reckoning. 2 Hutchinson's Coll. Papers, 496. effectually restrain him, he shall pay for every offence of that kind twenty shillings, in case that further complaint be made." Feb. 13, 1664-5. "The Constables are ordered to allow Justinian Holden ten shillings towards a wolf, killed partly in Watertowne and partly in this." May 8, 1671. "Granted to William Barrit and Nathaniell Hancock, to dig a sluice, to drain the pond by their houses, in the town's land, provided they secure it from doing damage as soon as may be and in case the Townsmen see reason for it, they are to stop it up again." This pond was on the easterly side of Dunster Street, about midway between Mount Auburn and Harvard Streets. May 29, 1671. A committee was appointed" to make a covenant with Phillip Jones, or any other able person, to make a sufficient fence of stone of four foot high, between Watertowne bounds and ours," as far as to Rocky Meadow; with gates to the highways from Concord to Watertown and from Cambridge to Watertown. Feb. 14, 1675-6. "William Maning, and Nathaniell Hancocke, and John Jackson, and John Gove, are appointed by the Selectmen, to have inspection into families, that there be no bye drinking, or any misdemeanour, whereby sin is committed, and persons from their houses unseasonably. "The selectmen of Cambridge plaintiffs against Capt. Lawrence Hammond and John Cutler, jun., defendants, do humbly declare as followeth, &c. In the year 1634 the General Court granted them liberty to erect a ware upon Minottomy River, and they accordingly so did, and have had quiet possession of the same from that time until now, without any disturbance of their neighbors of Charlestown or any other; and hath been in a manner the stay and support of the town by fishing their Indian corn, which is the principal part of their husbandry and livelihood. But this last spring the defendants, to the great damage of the plaintiffs, have interrupted their fishing by crossing said River below the wares granted to Cambridge by the Court, whereby the grant of the Court is made null and void, and they are put out of the possession of that which they have peaceably enjoyed forty-six years, contrary to law and equity. And after that the plaintiffs had obtained a writ of nuisance to bring the case to a legal trial, the defendants have both violently and contemptuously proceeded to obstruct the passage of the fish to the wares, which they so long possessed as above said, to their great damage and loss of two hundred thousand fish, which we judge will be a hundred pounds damage to the town in their crop, and tending to the inevitable impoverishing of divers poor families. The justice of this honored Court for their relief from this great wrong done them by the defendants is the favor they beg. "JOHN COOPER. WILLIAM MANNING. The jury rendered a special verdict: "If the General Court's grant to Cambridge- for the erecting a ware in Menottimyes River, within their own bounds, be a legal and perpetual title, they find for the plaintiffs five pounds and costs of Court; if not, for the defendants, costs of court." The Court considered the title good. This case is entered in the County Court Records, under date of June 21, 1681, and the papers are on file. The practice of "fishing their Indian corn" was long ago abandoned by cultivators in Cambridge; but the privilege of taking fish in Menotomy River remains valuable. It has been subject to occasional controversies and litigations since 1681, in all which Cambridge has preserved the rights originally granted; and to the present day "Fish Officers" are annually appointed by the City Council, to take care that those rights suffer no infringement. CHAPTER IX. CIVIL HISTORY. On the 17th day of May, 1686, Joseph Dudley and his associates communicated to the General Court a copy of the King's commission authorizing them to assume the government of the Colony. The Court replied, under date of May 20, 1686, addressed, "These for Joseph Dudley, Esq. and the rest of the gentlemen named in his Majesties commission," as follows: "Gent": We have perused what you left with us as a true coppy of his majesties commission, shewed to us the 17th instant, impowring you for the governing of his majesties subjects inhabitting this colony and other places therein mentioned. You then applied yourselves to us, not as a Governor and Company, but (as you were pleased to terme us) some of the principall gentlemen and cheife of the inhabitants of the severall townes of the Massachusetts, amongst other discourse saying it concerned us to consider what there might be thought hard and uneasy. 1. Upon perusall whereof wee finde, as wee conceive, first, that there is no certaine determinate rule for your administration of justice, and that which is seemes to be too arbitrary. 2. That the subjects are abridged of their liberty as Englishmen, both in the matter of legislation and in the laying of taxes, and indeed the whole unquæstioned priviledge of the subject transferred upon yourselves, there being not the least mention of an assembly in the commission. And therefore wee thinke it highly concernes you to consider whither such a commission be safe, either for you or us: but if you are so satisfied therein as that you hold yourselves obleidged thereby, and do take upon you the government of this people, although wee cannot give our assent thereto, yet hope shall demeane ourselves as true and loyall subjects to his Majesty, and humbly make our addresses unto God, and, in due time, to our gracious prince, for our releife. Past by the whole Court, nemine contradicentes. By order, "EDWARD RAWSON, Secretary." 1 Mass. Col. Rec., v. 515, 516. |