History of Northampton, Massachusetts, from its settlement in 1654;
History of Northampton, Massachusetts, from its settlement in 1654; History of Northampton, Massachusetts, from its settlement in 1654;
96 HISTORY OF NORTHAMPTON. [1754. ment was had till Monda)^, the 11"\ Throughout another day the forensic battle raged before a vote was reached. Tlien "the question was put Whether the Town woiald assert their right to all the lands within the bounds of the Town of Northampton which are not included in those divisions which the Comons were distributed into & which were divided before the year 1700 as well as those lands called Inward Comons as any other, and it passed in the affirmative. Then the Question was put Whether the Town would assert their right to those parts of the antient highways within the bounds of s'' Town which parts have been of late j^ears discontinued and left out by the reducing and narrowing of s' Ways, since the original laying out of the same, and it passed in the affirmative." A committee was chosen to devise some method of dividing the lands. Suits Ordered to Ou the 2(j'" of March, the town voted to Recover these commeuce suits to recover all the lands alluded to in the above votes, " Some persons having of late years as the Town apprehends, without right entered into and taken possession of some parts of s'' land." Joseph Hawley and Ebenezer Hunt were chosen agents to carry out the vote. In May they were ordered to proceed in the matter of the trespassers, in case they should be advised thereto by the " Learned in the Law." Action for Trespass I^ August, an attempt was made to revoke Against Timothy tbe above vote, but without success. Evi- dently the ' ' Learned in the Law " advised that the town had a good case against the trespassers, and an action was commenced in September to recover from Timothy Dwight a tract of land in the northeast i^ffrt of the town, between the county road to Hatfield and the Connecticut River. It contained fifty-two and three quarters acres, was fenced and described as a sheep pasture. The decision of the lower court was in favor of the defendant, but the town appealed the case to the Superior Court, which reversed the former verdict, and gave the plaintiffs possession of the land together with costs of court. The next year the town refused to give Dwight a title to the premises, but in 1750, when the case came again before the court, on a plea of ejectment, the parties agreed that the former judgment should be reversed and no costs granted.
: 175C.] SCHOOL LANDS—SCHOOLS—MILL CONTROVERSY. 97 This land was undoubtedly one of tliose tracts which had been sequestered in 169^ for a sheep pasture, and had been appropriated by Mr. Dwight. A Final Adjustment In 1756, another and successful attempt of the Common -^^g made to dispose of the vexed question Land Controversy. . ,, • t , cji tt- ji concerning the rights ot the public m the common lands. The previous arrangement had been limited to ten years, and when that time expired, the problem still remained in part unsettled. A committee was chosen to " concert some Terms of Settlement and accommodation of the long disputes and controversies between the Town of Northampton and those who claim the undivided lands of the town commonly called the Inward Commons, as Proprietors or Tenants in common respecting of right & Title to s''^ commons, then proceeded to choose M' Joseph Hawley, M"^ Noah Clark, Dea. Eben Hunt, Lt. Gideon Lyman, Ens. Josiah Pomeroy, Col. Tim. Dwight, Capt. Noah Wright, Lt. Caleb Strong. Dea. Supply Kingsley," as the committee. On the 2G*'' of March this committee made their report. They proposed that within the eompass of two parallel lines, two miles apart, running north and south across the first division, the first or most easterly one, three quarters of a mile west of Hulbert's Sawmill, and the other two mills west of it, for the space of ten years, all or any of the inhabitants of Northampton, should have the right to cut and carry away wood and timber of all sorts except white pine. The town was to release and quitclaim all title to lauds in the inner commons and other parts of the town, excepting lands appropriated for highways. After considerable debate and one or two adjournments, the town adopted substantially the report of the committee, and also quitclaimed its right and title to lands in the several divis- ions, except such as were- reserved for highway purposes, after ten years had expired. This decision seems to have put an end forever to this much debated question, and no further allusion to it is to be found upon the records. Land Granted to Fivc huiidred acres of land were granted to -Southampton. ^he iicw Prcciiict in 1743 ; three hundred acres of which were to enable the inhabi- tants to settle a minister and two hundred in "lieu" of
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:<br />
175C.] SCHOOL LANDS—SCHOOLS—MILL CONTROVERSY. 97<br />
This land was undoubtedly one <strong>of</strong> tliose tracts which had<br />
been sequestered <strong>in</strong> 169^ for a sheep pasture, and had been<br />
appropriated by Mr. Dwight.<br />
A F<strong>in</strong>al Adjustment In 1756, another and successful attempt<br />
<strong>of</strong> the Common -^^g made to dispose <strong>of</strong> the vexed question<br />
Land Controversy. . ,, • t , cji tt- ji<br />
concern<strong>in</strong>g the rights ot the public m the<br />
common lands. The previous arrangement had been limited<br />
to ten years, and when that time expired, the problem<br />
still rema<strong>in</strong>ed <strong>in</strong> part unsettled. A committee was<br />
chosen to<br />
" concert some Terms <strong>of</strong> Settlement and accommodation <strong>of</strong> the long<br />
disputes and controversies between the Town <strong>of</strong> <strong>Northampton</strong> and<br />
those who claim the undivided lands <strong>of</strong> the town commonly called the<br />
Inward Commons, as Proprietors or Tenants <strong>in</strong> common respect<strong>in</strong>g <strong>of</strong><br />
right & Title to s''^ commons, then proceeded to choose M' Joseph Hawley,<br />
M"^ Noah Clark, Dea. Eben Hunt, Lt. Gideon Lyman, Ens. Josiah<br />
Pomeroy, Col. Tim. Dwight, Capt. Noah Wright, Lt. Caleb Strong.<br />
Dea. Supply K<strong>in</strong>gsley," as the committee.<br />
On the 2G*'' <strong>of</strong> March this committee made their report.<br />
They proposed that with<strong>in</strong> the eompass <strong>of</strong> two parallel<br />
l<strong>in</strong>es, two miles apart, runn<strong>in</strong>g north and south across the<br />
first division, the first or most easterly one, three quarters<br />
<strong>of</strong> a mile west <strong>of</strong> Hulbert's Sawmill, and the other two<br />
mills west <strong>of</strong> it, for the space <strong>of</strong> ten years, all or any <strong>of</strong><br />
the <strong>in</strong>habitants <strong>of</strong> <strong>Northampton</strong>, should have the right to<br />
cut and carry away wood and timber <strong>of</strong> all sorts except<br />
white p<strong>in</strong>e. The town was to release and quitclaim all<br />
title to lauds <strong>in</strong> the <strong>in</strong>ner commons and other parts <strong>of</strong> the<br />
town, except<strong>in</strong>g lands appropriated for highways. After<br />
considerable debate and one or two adjournments, the town<br />
adopted substantially the report <strong>of</strong> the committee, and also<br />
quitclaimed <strong>its</strong> right and title to lands <strong>in</strong> the several divis-<br />
ions, except such as were- reserved for highway purposes,<br />
after ten years had expired. This decision seems to have<br />
put an end forever to this much debated question, and no<br />
further allusion to it is to be found upon the records.<br />
Land Granted to Fivc huiidred acres <strong>of</strong> land were granted to<br />
-Southampton. ^he iicw Prcciiict <strong>in</strong> 1743 ; three hundred<br />
acres <strong>of</strong> which were to enable the <strong>in</strong>habi-<br />
tants to settle a m<strong>in</strong>ister and two hundred <strong>in</strong> "lieu" <strong>of</strong>