Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1853-12-30
The Common.


to and upon the City Common. The following is
the reply, which is now published by order Of the
Mayor and Aldermen, for the information of the
public.
The undersigned, having been requested to lake
into consideration the subject OF the City Common,
the right Of the CITY TO the control and use thereof
aud, IN connection herewith, the rights Of the
First Parishs over amy part of the or contgu.
Gus territorys do now comply with that request
The difficulties which beset some of the questions
that have arisen, respecting the power Of the town
or city 10 appropriate the Common for public uses,
and the relative rights OF the First Parish, and
which have sometimes embarrassed the action #
the respective parties, result from the imperfect his
tory which is to be obtained IRON the early records
OF the origin Of the title both Of the CITY and OF the
Parish, The want of definite limits TO the original
grant OF the land and of carefully specified uses 10
which II should be applied. We have, therefore,
been obliged TO trace, from the earliest period, the
transactions OF the Town and Parish, having
bearing upon the subject and TO derive assistance
IRON the usages OF past time, in determining what
rights exist al the pesens day.
Ii is clearly 10 be Inferred, from the early records
OF the Proprietors OF Worcester, that they original
ly intended to make liberal provision for public
park or Common, and Tor the support Of the ministry
and Of public schools. For these purposes, extern.
sive tracts OF land were apart. And tits equally
clear that the broad and liberal views in reference
irrevocable appropriation of the lands originally
designated for those objects. A portion Of them
were covered by early granite to individual settlers
And when the town. succeeding the original proprie-
tors, in the control of lands appropriated for the
general use, had occasion survey and trace the
limits of such lands, over which title could still be as
serted, they were found to be much narrower than
the early records Of the original laying out" of the
township would indicate.
The earliest record of the Propretors, relating
to what is called The "Common,'' bears date July
8, 1863 IL is the report of Committee Of the
Projectors, appointed to lay out the town. Among
other proposed reservations OF land for general use,
the Committee report, that So there be place re.
served in common near the centre of the town,
venlent Tor that purpose, about twenty acres, for a
training place, and to set school house upon, as
near as may be where the meeting. house shall be
placed.''
1t does not appear by the Records that the report
ofihe Committee was acted upon. How far it was
practically adopted. and TO what extent it was mudi
fed or rejected, must be n.atter Of inference from
subsequent transactions and events
Nothing further is 10 be gathered, relative TO this
appropriation, from the records of the Propricors,
unless be the evidence private grants, encroach.
ing upon what may be supposed 10 have been intend
ed for PUBLIC common, until 1882 Gu the 18th of
May, in thafyear, Benjamin Fla sndothers ''were
directed 10 renew the bounds of The public land
about the meeting house and return a plot of the
+0"iHE ~ nv OluCi W DC ISCuIu6 III
the Proprletors' book
Nov. 8. 1874, the Committee reported that they
having surveyed the same, do find eleven acres and
lao rods, including the burial place, AID the road
leading through the same" That Report and the
action of the meeting, at which it was made, are
important 10 be considered, in determining the ques
lions herein discussed.
AT the date Of this report we find, therefore, that
oil the twenty acres originally recommended to be
sci apart tor Common, tract short OF twelve
acres in quantity remained. Within few wears
from that time, there is reason to believe, il was
further considerably curtailed by private grants and
reduced TO its present dimensions.
What OF the ancient Common, and is.
embraced wIihIn lis present well defined and acknowl
edged limits, we think confidently say he
longs to the town or city, for the Of lis inhabi.
tans generally. No part Of it can be sold, or devo-
ted to private uses. To what purposes may it then
be applied
The Committee for laying out the town reported
as we have seen, in 1863, that the twenty acres to
be reserved IN common, be appropriate for a train
Iug field and school house. But there does moi ap.
pear on the records any vote OF the Propretors re-
striciing the Of 1t TO those purposes And in
1854 II appears, that part OF the land had been de-
voted TO the use OF the settlers as a public burial
ground Over other parts, travelled WAYS had been
established, by use, or by the authority of The Pro.
prielors. Since then, at eatly and at more recent
periods The town has placed upon il buildings for
various public uses, such school.h houses hearse.
houses, clubhouse, and town,haIl There was
ALEC in the last century, well as in the present,
public pound on the east part Of the Common.
We are OF opinion, mai the town had authority 10
erect the town-ha and TO maintain il where IL now
stands. We inter this FROM the absence OF any re-
sirietlon against such Use, to be found on record
from the manner in which the land was controlled
and used under the authority of the Proprleors and
by the early inhabitants Of the town and from The
confederation that At il IL
general objects TO which the territory was devoted
SO far as tney can be ascertained from the history
OF the town, from its earliest settlement.
The remaining subject, TO which our attention has
been directed, respects the right Of the First Parish
10 maintain Westinghouse The present site Of
their house OF Worship and the extent Of the rights
Of that Parish.
1t appears by the Report Of The Committee of the
Propreiors, IN 1863, heore referred To-, that the
erection OF meeting house, in the centre of the
town, was then contemplated. The Committee re-
commended, that the Common land be laid oui ssas
near as may he" 10 the place where the meeting
house was 20 be built Aud on ID preceding mage Of
their Report, they had recommended that s'ihe most
convenient place nearest the middle OF the town and
adjacent 10 the minister's lot be set apaIt and i'm.
proved for placing the meeting house for The wor.
ship OF God upon it," The inference is, that the
spot tor The Westinghouse bad already been deter
mined upon. 1t is certain, that one WAS erected al
an early day, for we find it delineated ruiely on
the plan on the Common, skeched by the Commit
tee, and transferred TO the Proprieors' recordsw h
their report Successive structures, Of the same
character, including The present South meeting house
have been erected and maintained to the D, esent
day. All have stood substantially where the present
Westinghouse now stands. UnIil 1887, there was
but one religious society, recognized by law in the
town oil Worcester. In thai year the Second Par
ish was Incorporated, and as consequence of This
division Of the town into Two Parishes the first Par
ish succeeded the 10 the control If all The paro-
chial property. That Parish has enjoyed the undis
iurbed possession Of the meenghouse which was
erected IN 1853, aud stands or near The west side
Of the Osnmon from the time Of the division Of The
town into two Particles 10 the present day. The
right Of the Parish TO maintain a meeting house on
that site is established, by strong evidence Of an
early grant Of land i1r that purpose, aud by
prescrpve possession for period Of nearly seven.
" years. The undersigned do not entertain doubt