exact justice should be done to all. When a small right came by descent upon a large number of heirs, the fractions were so small, that they were not worth the trouble of looking after them; and after the lapse of a little time, it was difficult to trace out the true owners.

Jonas Prescott, Sen., was early possessed of a thirty-one acre right. Upon his decease, his son, the Hon. Benjamin Prescott, became the proprietor thereof, who made large additions thereto. Upon his death, his son, Col. James Prescott, became the owner, and added largely to them. He dying, his rights came into the possession of his son James, the late Judge of Probate, who, according to documents among the records of the proprietors, whose clerk he was for many years, became the owner of nearly three hundred acre rights, or more than one third of all the common lands.

Meetings of the proprietors continued to be held after the last division was voted in 1760, at which transcripts of lands laid out by the committee were accepted and recorded, at longer or shorter intervals, (one, of nine years, during the revolutionary war,) till 1829. The last tract of common land known to exist, was laid out to Bulkley Ames, Esq. Another meeting will probably never be holden.

The proprietors, after the revolutionary war, styled themselves the proprietors of Old Groton. Their records are by a law of the Commonwealth to be deposited in the Town Clerk's office.

CHAPTER III.

Condition of early Settlers-Preservation of Trees-Controversy with John Lawrence, Sen.-Origin of Gratuities-First, or "Old Mill ” -Mill at Stony Brook, or Forge Village-Saw Mill-Andrew, the Indian-Decrees and Orders of Selectmen-Fences-SwineHerding Cattle-Pound-Instructions to the Selectmen.

THE following extracts from the early records of the town, will assist in forming a notion of the condition, habits, customs and manners of the first settlers, as well as afford some entertainment to us, who live under such different circumstances, and are surrounded with such different objects.

"At a general town meeting, December 24, (1662,) it is agreed by the town, that the wood and timber that

These extracts, from 1662 to 1707, are taken from the first book of town records. This book has long since been divested of its cover, its leaves separated, worn and mutilated, so that the whole is not legible. From its having been the only book of records during the Indian wars, and having lost its cover and the leaves laid aside rolled together, it has acquired the name of the "Indian Roll."

It seems to have been lost for a time. When the writer first saw it, in the town clerk's office, it was rolled up, and upon the envelope was written, "THE INDIAN ROLL,

Found at Dea. Lawrence's, Feb. 21, 1807."

Those parts of it containing the transcripts of land were copied, as has been stated in the text, by John Morse, in 1683, '84. The parts containing the laying out of highways, were, by vote of the town, passed May 1, 1723, collected into a report and recorded in the second book of town records. Such as is legible of the remaining parts, has been copied by the writer into a new book.

grows in the highway against any man's house lot, shall be his; provided, that he shall not, upon penalty of paying half a crown a tree, fall (fell) any tree upon the common, except it appeareth they have not amongst these trees such tree or trees as will suit their necessity; provided also, that when they shall fall (fell) they shall not [words torn off or illegible] to the prejudice of the town, or any one of the inhabitants, by hindering the passage of carts or horses, &c., upon the penalty of half a crown, if upon six days' warning they shall neglect (within the [words torn off or illegible] of warning) to clear the way for full and free passage."

"At a general town meeting, held 5 March, 1665-6, it was agreed and voted, that there should be trees marked for shade for the cattle in all common highways." At the same meeting it was agreed and voted, "that the mark should be a great T;" "that whoever shall fell or lop any such tree marked by the men appointed, shall pay for every tree fallen or lopped, [words illegible] shillings."

At a meeting of the Selectmen, December 25, 1669, among a number of orders and decrees passed by them, one was for the preservation of trees; making it penal to cut or leave trees incumbering the highways; but the record is so mutilated that it cannot be fairly copied.

"At a meeting of the Selectmen, January 13, 1673–4, it was then agreed upon, and by vote declared, that all such town highways regularly laid out and marked with the town mark, all the wood and timber upon these highways so marked, from half a foot and upward at stub, walnut trees and pine trees only excepted, shall be reserved for mending of the highways and other public works, and that no man shall fall any such tree or trees, upon the penalty of ten shillings a tree."

"At a general town meeting, December 21, 1674, granted to William Longley, Jr., that he shall have liberty to fell those trees, that stand by his farm, shading his

corn, to the sum of three or four, and that he will give the town as many trees for mending highway work."

It is somewhat strange, that so much care should have been taken at that time to preserve timber and trees. Had the country been an entire forest, as we might have supposed, encouragement for cutting trees and clearing land might rather have been given, than penalties imposed for felling and lopping.

In the year 1665, there was a dispute between the town and John Lawrence, Sen., and it was submitted to the determination of five men. The referees report and do "declare, that they do thus determine, that is to say, his proportion of land being first made good according to his grant, we [words illegible] the remainder to be the town's land according as it is now bounded." This decision became important in its consequences. It seems that Lawrence had enclosed common or town's land, and that the decision of the referees was against him. But, at a town meeting held 21st of 7th mo. 1665, "It was this day granted and by vote declared, that John Lawrence shall quietly possess and enjoy a parcel of land now in controversy, and already within his fence and adjoining his house lot, containing two acres, more or less, bounded, &c., and granted to him as a gratuity." "It is also granted that every inhabitant shall have the like privilege proportionably." And to make the matter more explicit, at a town meeting soon after, "It was this day agreed and voted, that in consideration of a gratuity formerly granted to every inhabitant, agreeable to John Lawrence, Sen. his grant the 21 of the 7 mo. '65, that every man shall have liberty to take up six acres to a twenty acre house lot, and in case it join to his house, every man shall take up proportionably thereunto, excepting such as have either the whole or any part thereof already; but if more remote, every inhabitant shall have liberty to take up two for one."

It may be inferred from these records, that Lawrence was dissatisfied with the determination of the referees, and appealed to the town. The town it seems forgave him the wrong and injury, upon condition that every inhabitant might do the like wrong and injury. These gratuities, sometimes called in succeeding records, "accommodations," gave names to a brook, and a highway, near which some of the gratuities were laid out, now called, by contraction, ""Tuity brook," and ""Tuity road."

About this time the inhabitants endeavored to procure the erection of a grist-mill. By a vote passed, they offered to Sergeant James Parker, John Page, James Knap and Thomas Tarbell, twenty acres of land where they might erect a mill; that the same should not be taxed for the term of twenty years; that no other person should build another mill, except upon his own land and for his own use only. A contract was accordingly made and recorded, by which the abovenamed individuals covenanted to build a corn-mill upon Sandy Brook, unless "a more meet place, in the judgment of the workmen, should appear," to have it ready to grind by the first of the eleventh month, 1666, to keep it in good repair for twenty years, and "to grind the town's corn sufficiently," taking common toll only. But by a vote of the town on the 6th of the fifth month, 1666, the covenanters were released from their obligation.

"At a general town meeting, held 8th, 3d month, 1667, the town having further agitation about a mill for the town, and understanding that Capt. Clark, of Boston, had manifested a willingness to build a mill for the town, it was agreed, and by vote declared, that there should be three men chosen to go to Mr. Clark, and power given unto them at the same meeting, to make a firm agreement with the said Capt. Clark, in the behalf of the town," &c. "and the men chosen by the town as their trustees are