Copy of the old records of the town of Duxbury, Mas. From 1642 to 1770 [land records and town meetings], Part 14

Author: Duxbury (Mass.); Ethridge, George
Publication date: 1893
Publisher: Plymouth, Avery & Doten, Book and Job Printers
Number of Pages: 364


USA > Massachusetts > Plymouth County > Duxbury > Copy of the old records of the town of Duxbury, Mas. From 1642 to 1770 [land records and town meetings] > Part 14


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pr ALEXANDER STANDISHI. Town Clerk.


1698. June. Vol. a. This Court have settled the Easterly bounds of the town of Duxburrow to the sea near Greens harbor where the lines eut between Marshfield and Dux- Page 274. burrow to the Gurnet house. excepting the Gurnet, Clarks Island and Saquaquash. which are not to be within the jurisdiction of Duxbarrow, saving also every man's propriety and right to him that is now in possession of any lands or meadows within the bounds. whether by grant. or purchase. without dis- turbance as touching propriety by virtue of this grant, yet to be within the jurisdiction of Duxburrow township.


Extracted from, and compared with the Court Records by


SAMUEL SPRAGUE, Clark.


Recorded by me,


ALEXANDER STANDISH. Town Clark.


191


DUXBURY RECORDS.


At a Town meeting held at Duxburrough upon the second day of September 1700 The town made choice of Samnel Bradford, Elisha Wadsworth and John Soule for Petty Jurors, to serve at the next Inferior Court of Common Pleas.


At this town meeting, the town voted to call Mr. John Robinson to the work of the ministry here. They also voted to give Sixty Pounds a year annu- ally towards his maintenance in the afore said work, one half Silver money, and the other half Corn or provisions at the Common price. They also made choice of Mr. Seth Arnold, Mr. Edward Southworth. Mr. Sam1 Seabury and William Brewster, as their agents to acquaint Mr. Robinson with their proceed- ings here in, and also to discourse him concerning his acceptance thereof, in order to his settlement amongst us in the above said work of the ministry.


pr


JOHN WADSWORTH, Toun Clerk.


1700. May 7. Vol. a. Page 279.


At a town meeting held in Duxburrough May the 7th 1700, Mr. Samuel Seabury and John Sprague were chosen to give Mr. Ichabod Wiswell a deed of land which the town formerly granted unto him, in consideration that the men which were formerly chosen to do it, did neglect it.


pr JOHN WADSWORTH, Town Clerk.


1700/1. Mch 21. Vol. a. Page 279.


March 21st Anno 1700/01. At a Town meeting in Duxburrough, Capt. Seth Arnold with some other partner or partners who he may take into partnership with him. having an intention to build a Saw Mill on Greens harbor brook, the said town did by vote, give free liberty to the inhabitants of the said town of Duxbury to cut, and carry off any timber from the Commons of the said town. to the said Saw Mill. to keep said mill in Employment.


pr


JOHN WADSWORTH, Town Clerk.


1700. Sept. 2. Vol. a. Page 279.


192


DUXBURY RECORDS.


1701. May 19. Vol. a. Page 279.


At a Town meeting in Duxburrough, upon the 19th day of May Anno Dom 1701. The said town Voted to give Mr. John Robinson, in order to his settlement here in the work of the ministry, Sixty Pounds, in money, the said money to be raised by selling some part of the towns Commons land, and said money to be his if he live and die here in the aforesaid work of the ministry, but upon his remov- ing from us, he is to return the said money to the town for their own use, and the town have authorised the select men to sell the afore said land, for the afore said nse. At this town meeting, the town granted to Lieut. Thomas Barker a tract of land being about 15 acres or 16 acres lying between the head of his own lands, and Josiah Holmes' which was formerly the said Holmes' the which he exchanged with the town for land elsewhere, and so it was now at the town's disposal.


pr


JOIN WADSWORTH, Town Clerk.


1701. July 15. Vol. a. Page 280.


Upon the fifteenth day of July Anno Dom 1701, At a Town meeting in Duxborrough, the said town Voted to purchase a convenient place for a Parsonage for the use of the ministry in this town, by selling some part of the Common lands, or exchanging the same for some other land which may be convenient for the said Parsonage, the town also Voted to choose three Agents to act for the said town in the said concernment, and chose Mr. Edward Southworth, Capt. Seth Arnold and Ensign Samuel Seabury, their agents, and empowered, and authorised them the said agents to act in the sale or exchange of said Common land for the aforesaid use. The town also chose Ensign John Tracie, Mr. David Alden, Mr. William Brewster and Mr. John Sprague, to inform Mr. Robinson whom the town have called to the ministry here, of their proceedings here in, and fur-


193


DUXBURY RECORDS.


ther to treat him and take his answer concerning his settlement here among us.


The town at this meeting, granted to the widdow Deborah Tracie, twenty acres of land joining to the land which the town formerly granted to JJoseph Chandler which is now in possession of Thomas Bourne.


pr JOHN WADSWORTH, Town Clerk.


1701. Aug. 22. Vol. a. Page 280.


August the 22º Anno 1701. At a Town meeting in Duxburrongh, the town gave their consent to Mr. Despar to purchase about fourteen acres of land within this township, of an Indian called JJeremiah.


pr


JOHN WADSWORTH, T. C.


1702. June 15. Vol. a. Page 281.


Duxburrough Jnne the 15 Anno 1702. At a Town meeting the town voted to give to Mr. Robinson the three score pounds in order to his settlement, which was formerly given him and the half of the meadow which formerly lay to the Ministry the one half of which is given to Mr. Wis- well, and the improvement of the meadow which was offered to John Partridge in exchange called Rouse's point. so long as he continues with us. the money and the first piece of meadow is his own per- petual, if he settles among us in the ministry and takes office in the church.


At the town meeting, the town have appointed and empowered Capt. Arnold and Mr. David Alden, to sell and lay out to Samuel Hill of this town, about twenty acres of land of the town's commons, they returning the money to the town. The town have also granted to James Boney an enlargement of a lot of land now in his possession, which was formerly granted to William Boney, being about twenty or thirty acres, lying between John Boney's land and


13


194


DUXBURY RECORDS.


Edward Wantons. the said lot of land being laid out by Ensign Francis Barker and Josiah Holmes as agent for the town, the said lot not being laid out so big as the said grant, the town have authorized Josiah Holmes to lay out of the town's common land, if it be there to be had, and to make up the said lot with what was formerly laid out thirty acres.


The town have given liberty to Ensign Seabury to make a dam upon Island creek pond brook. pro- vided, that he leaves a sufficient and free passage for the herrings up, and down, and also makes a suf- ficent cart way over the said brook.


At this town meeting the town have voted that no person shall cut any wood, timber or bark upon any part of this towns commons, other than logs to be brought to the saw mill formerly granted by the town, upon the penalty of forfeiting to the town's use, twenty shillings for every tree of a foot over and upward, and ten shillings a tree for every tree under a foot, except such person or persons shall enter into bonds to the town treasurer. that the same shall not be transported out of town, Also that no person shall cut any green cedars out of any of the Cedar Swamp belonging to the town, for the space of ten years next, on penalty of paying one shilling for every stock so cut.


It is also enacted, that all timber trees that shall be cut or fallen after this time, and not be cut off and drawn within a year after said trees are cut or fallen, the said trees shall be free for any inhabitant of this town to cut and draw for their own use.


And Ensign Seabury is chosen agent to prefer this act to the County Court for their approbation.


pr


Jons WADSWORTHI,


Tor Clerk.


195


DUXBURY RECORDS.


Duxburrongh May 21 1701. We the subscribers, have by the request of Sundry of the inhabitants of the town of Duxburrow, laid out a high way of thirty foot wide. from North River, at a place eom- monly called Brick Kilms, to the county road, al- lowing the proprietors of the land through which the way goeth. liberty to erect gates. The bounds of said way on the Easterly side are as followeth.


Beginning at a red oak tree marked, standing by the side of said river, and running from thence to the upper corner of the land purchased for a landing place. and from thenee by the side of said landing place to a stake, and from thence to the bars, from thence to a white oak sapling, from thence to a white oak tree, from thence to a red oak sapling, and from thence along the old path to the county road.


SETH ARNOLD. FRANCIS BARKER. ABRAHAM SAMPSON.


Allowed by the Town of Duxburrongh to be here recorded.


by me


JOHN WADSWORTH, Toun Clerk.


1702. July 20. Vol. a. Page 282.


Duxburrough July 20 1702. We whose names are here unto subseribed, have laid out to the Widdow Traeie Twenty acres of land granted to her by the town, as followeth. Beginning at a maple tree standing in the edge of a swamp, and marked on four sides, and from said tree on a North west line 46 rods, to another Maple tree, standing in a swamp, and from the last named tree, South west by West a little Westerly 68 rods, to a stake set in- to the ground, and from said stake, on a South East line 46 rods to a red oak tree marked on four sides, and from said red oak tree on a straight line, to the


1701. May 21. Vol. a. Page 35.


196


DUXBURY RECORDS.


Maple tree first mentioned. said land lyeth near to the land of Thomas Bourne, formerly granted to Joseph Chandler by said town.


SETH ARNOLD. ABRAHAM SAMPSON.


Allowed by the Town of Duxburrough, and recorded


by me JOHN WADSWORTH, Town Clerk.


1702. July 9. Vol. a. Page 56.


Duxburrough July the 9th 1702.


We whose names are here unto subscribed, being Agents for the town, have sold unto Samuel Hills, and laid out to him, a certain parcel or traet of land containing Twenty acres more or less, bounded as followeth.


Begining at a small birch tree marked on four sides, standing in the edge of a swamp, and from thence by a line between Duxburrough and Marsh- field till it meeteth with a large Pine tree standing in said line, and from said tree, on a Southerly line to a maple tree standing in the side of a swamp marked on four sides, and from that maple tree on a straight line, to a Pine tree marked, standing a little within the swamp on that side next to Phillip Leonard's land, near said Leonard's range, and from the afore said Pine tree, directly to said Leonard's range, and by said range to the end of Leonard's land, and extending from thence about Six rods till it meet a red oak tree marked on four sides, and from said tree till it meet with the afore said Birch tree marked.


SETH ARNOLD.


DAVID ALDEN.


197


DUXBURY RECORDS.


1702. May 14. Vol. a. Page 82.


Know all men by these Presents. That we, Capt. Seth Arnold, Lieu. Francis Barker and Sergeant Abraham Samson, being constituted. ordained and appointed, and fully empowered by the town of Duxburrough to sell some parcels of the town's Common land to raise money for the town's use, hereby, we the afore said Capt. Seth Arnold, Lieu. Franeis Barker and Sergeant Abraham Samson, all and every one of us inhabitants of the Town of Duxburrough, do hereby declare that we the afore said parties have sold Twenty acres of land of the said Town's Commons. Twenty acres of land as it is bounded, unto Josiah Holmes of Duxburrough. and his heirs forever.


Bounded Westerly by the lands now in possession of the said Holmes, Northerly by the lands of Robert Sprout of Scituate, with a red oak tree on four sides, standing at the Northeast corner of the lands for- merly granted to Henry Sampson of Duxburrough, and from the said red oak tree Eastward. or towards the South East, bounded with the lands of Robert Sprout aforesaid. Seventy two poles to a white oak tree marked on four sides, and from the last named white oak tree with a straight line South Westerly, Forty nine poles to a white oak tree marked on four sides. and from the last named white oak tree with a straight line to the North of the West, to a red oak tree marked on four sides, and the same line to the head of the lands now in possession of Josiah Hohes, bounded with the head of the said lands North Easterly to the first named red oak tree. The above bounded Twenty acres of land, We the aforesaid Capt. Seth Arnold, Lieu. Francis Barker and Sergeant Abraham Sampson, have sold to Josiah Holmes and his heirs, forever, and do hereby own and acknowledge that we have received Ten pounds in Silver current money of New England. of Josiah Holmes in full satisfaction for the above said Twenty acres of land, and do hereby forever exonerate,


198


DUXBURY RECORDS.


acquit and discharge the said Josiah Holmes. and his heirs. This 14th day of May 1702.


SETH ARNOLD. FRANCIS BARKER. ABRAHAM SAMSON.


Recorded by me,


JOHN WADSWORTH, Town Clerk.


June 15th Anno 1702.


We the subscribers being requested by some of the neighbors of Mattekeset, to lay out several high ways for the convenience of the inhabitants there, and seeing a necessity for the same, have accordingly done, the account of which is as followeth,


Begining at the end of the high way that leads through Scituate, two miles on the East side of North River running Sontherly as the way now goes, till it comes to a bound marke standing in Josiah Holmes' range, and from thence to Robert Barker's corner bounds, and by the said Robert's land, till it comes to the great road that leads to Boston. The said way is thirty foot wide. Also a high way from said road to Marshfield, throngh Robert Barker's land, as the way now goes, also of thirty foot wide. Likewise we have laid out a high way from said great road to Mattekeset, as the way now goes, till it comes to a white oak tree marked, standing by the road on John Keins ground, which tree is the North- erly bounds of said road running Southerly to the corner of Samnel Barkers fence, and from said corner as the way now goes, up to the furnace at the herring ponds mouth, which way is thirty foot wide. Also we as aforesaid have laid out a high way from Mattekeset brook, to the Mill brook as the road now goes.


SETH ARNOLD, FRANCIS BARKER. 1 Selectmen. SAMUEL BRADFORD, )


Ordered by the town of Duxburrough to be here recorded. JOHN WADSWORTH, T. C. November 30th Anno 1702.


1702. Nov. 20. Vol. a. Page 282.


199


DUXBURY RECORDS.


The remonstrance of divers of the freeholders, and inhabitants of the Town of Duxburrough who claim considerable interest in the Common and undivided lands in said Town, to be presented to the consideration of the said town at their next towns meeting, -the subscribers, who conceive the present method the said town are about to take in refference to a division of said Common land to be wrong, and injurious to said town -we conceive there was an error in the first step taken in order there unto, viz In choice of the Committee, who by agreement of said town, were to be persons uninterested, and not inhabiting in said town, but contrary there unto, two of the said Committee now make claim to right of Commons with said town, and thereby shew them- selves incompetent Judges in that matter.


24 Whereas in their return they find, or judge, that every one that holds land in said township by virtue of Court grant, hath right to Commons, and that said Commons of right pertain to such, which implies that no others have right or interest therein, which resolve of said Committee is very erroneous for the reasons following,


1st Because the Common lands were never granted to the owners of Court grants, but to the inhabitants of the town, which must necessarily be understood to such for the time being, in perpetual succession, and not to particular persons. 2ª Because it can by no means be made to appear, who had Court grants, and the quantity of land granted, for divers of said town, who undoubtedly had farms granted by the Court, have no record for the same, and to exclude any such is wrong, and erroneous, which the said Committee have implicitly done by said resolve. 3ª The said action or resolve was never accepted, nor allowed or approbated by any vote of the said town, but suspended to further consideration, and though through the weakness of any officer, the said return be entered on record yet it being done without order of said town, be rendered null and void.


1703. May 17. Vol. a. Page 284.


200


DUXBURY RECORDS.


Nextly, it is manifest that all grants to towns. intend all settled inhabitants that have orderly been admit- ted into said towns, and have freeholds by purchase, or gift of the inhabitants of the same, and are not excluded by act of the general Court of this Province. Lastly. The present method taken. or intended to be taken though not pursuant to the resolve of the Committee, yet in many respects will prove very injurious to many of the inhabitants, and town in general. as may easily be made to appear, if time would permit, and though a town vote may have been had, and obtained therefore, yet such vote is not unalterable as the laws of the Medes & Persians- but by vote of said town at their next meeting may be altered and modified.


May 17th Anno 1703. We whose names are underwritten protest against the acting of the pre- tended proprietors in Duxburrough -


THOMAS BONEY. THOMAS SOUTHWORTH. .


EDWARD SOUTHWORTH. PETER WEST.


THOMAS DELANOE SEN. JOHN GLASSE.


PILAIr LEONARD.


JOSEPH CHANDLER SEN.


JOHN DELANOE.


EDMUND CHANDLER.


STEPHEN SAMSON.


NATHANIEL COLE.


CABEL SAMSON.


JOHN WESTON.


JOIN SIMONS.


BEN DELANOE.


ELNATHAN WESTON.


ABRAHAM SAMPSON.


JOSIAH WORMAVAL.


W'M. TURBES.


JONATHAN DELANOE.


JOSHUA TURNER.


JOHN BISHOP.


BENJ. PRIOR.


ISAAC OLDHAMI.


ISAAC PEIRCE SEN.


THOMAS DELANOE.


1705. May 29. Vol. a. Page 190.


May 29th Anno Dom 1705.


A record of the bounds of the lands between Mr. John Robinson, the one party and Josiah Wormaval Sent. and Josiah Wormaval JJr the other party, - within the town of Duxborrough, - the said bounds are as followeth viz. 3 Begining at the foot next the


201


DUXBURY RECORDS.


Bay. the first is a small black oak stump with stones about it the roots, and some living suckers, from thence on a straight line to a stone set in the ground at the head of the old orchard, and from thence on a straight line to a stone set in the ground on the West side of the brook, near the house of the said Warmaval's, and thence on a straight line to a stone set in the ground at the head of said Warmaval's lot near an old black oak stump.


Recorded by me, JOIN WADSWORTH, T. Clerk.


1703. From Leaflets in Vol. a. Not paged.


At a Town meeting held in Duxburrough, Febur- ary 28th 1703-4 The said town chose Samuel Bartlet, Elisha Wadsworth Grand Jurors, and Lieu. Francis Barker and Mr. David Alden petty Jurors. all to serve at the next Superior Court. Josiah Kein, Jr., and Benjamin Peterson, are chosen Grand Jurors for the year ensuing, and Edward Amold and Phillip Delanoe JJr. petty Jurors, to serve at the next Inferior Court.


At this town meeting, the town gave liberty to Mr. Southworth to fence the beach for defence of his meadow adjacent thereto.


Recorded by


JJOHN WADSWORTH, Town Clerk.


1706. From leaflet.


At a town meeting in Duxburrough March 20th 1705-6. The said town meeting was adjourned to the third day of April next. to consider of some way of raising of money to defray the charges of repair- ing, and enlarging their meeting house, either by selling some part of the Common lands, or by way of rate, and also any other business that concerns the said town.


202


DUXBURY RECORDS.


1706. leaflet.


April 3rd Anno 1706. At a town meeting in Dux- burrough the said town chose Mr. Seabury Town Treasurer, the select men also appointed Mr. Sea- bury a viewer and guager of casks. At this town meeting the said town agreed, and voted to build a New Meeting House, forty foot long and thirty three foot wide and seventeen foot high in the walls, and that the said meeting house shall be set up with- in three or four rods of the old meeting house now in being. And the said town also ordered that some part of their common lands should be sold to raise money to defray charges about building the said new meeting house.


These persons whose names are subscribed, did protest against the order of selling the town's land for defraying the charges about building the said meeting house.


LIEU. FRANCIS BARKER. ROBERT BARKER. JOSIAH BARKER. JJABISH BARKER. SAMUEL BARKER. JOHN RUSSELL. FRANCIS BARKER JR.


1706.


April 10th 1706. At a town meeting in Duxbur- rough, the said town voted to choose two Agents, and chose Capt. Arnold and Mr. John Partridge to act for them, the said town, on their account, and at their charge, in building their New Meeting house already voted to be built, that is to say, to agree and bargain with a workman, or workmen to build the said Meeting house and also to provide whatever is necessary for the said building.


1706. leaflet. No page.


The town also voted that the common lands, lying on the Southwesterly side of the old Bay road that goes from North river to Mill brook that runs into black water, and so down to the head of the lots, and also the common lands on the Easterly side of said Bay road lying between Mill brook running into Pudding brook, and Phillips brook, should be sold


203


DUXBURY RECORDS.


to defray the charges of building the new Meeting house. That is to say, so much of said common lands as is necessary or needful. The town also voted to choose three agents to act for them in sell- ing the said common lands, and chose Capt. Arnold, John Partridge and Thomas Loring.


Lieut. Barker. John Russell, Robert Barker, Jabish Barker and Josiah Barker, all of them pro- test against the town aet above said, in disposition of common lands.


At a Town Meeting in Duxborrough, The said Town chose Thomas Delanoe Jun. and Robert Bar- ker, petty Jurors for the next court.


At a Town Meeting in Duxborrough Feb. 25 Anno 1706-7. The said town gave liberty to Ben- jamin Prior to remove his fence between the meet- ing house, and his own house, up to the road, and so for a time. to use that part of the Town's Commons, provided he keeps up the bounds where his former fence stood. The said town also chose Capt. Arnold and John Partridge their agent to sell the old Meeting house, but not to be delivered before the new meeting house is finished, and excepting mens particular rights there in.


1706-7 May 24. leaflet. No Page.


At a town meeting in Duxborrough May 24 1706 The town made choice of David Alden to be their Clerk for the day, and was then sworn at the same town meeting May 24 1706. The town voted that Four Pounds and ten shillings abated by the Court of Despars Province rate, should be payed by the town treasurer to the select men. The town also voted to pay JJacob Thomson ten shillings. and to Thomas Loring two shillings on account of lying out land.


May 24th 1706.


DAVID ALDEN. Clerk for that day. Recorded by


JOHN WADSWORTH, Then Clerk.


1706. Dec. 11. leaflet. No Page. 1706-7. Feb. 25.


201


DUXBURY RECORDS.


1707. Sept. 12. Vol. a. 286.


At a Town Meeting in Duxborrough September 12th 1707. The said town granted to Moses Soule, about Six of Seven acres of land of the town's commons joining to the lot he now dwells on, and empowered Samuel Sprague and John Partridge to lay out the said land. The said town also voted to Abraham Booth a confirmation of Four acres of land which the town agents laid out to him. the said land being without the tract which the town's Agent ordered to be sold by the said agents to defray town charges.


At this town meeting the said town voted and granted to every freeholder, that is a house keeper, within this town. twenty acres of land of this town's commons, viz. To such as never yet had a grant of any, and to such of said freeholders as have had a grant of land less than twenty acres, to have so much as to make up their former grant twenty acres of said land granted. to be bounded above the Sonth River from Marshfield line to the head of the spring of the said South river, and from thence on a straight line to the head of the brook called Brews- ter's brook, and so down to Plymouth line, and so below the Mill brook. and upon the West side the old bay path to the Indian head river.


1707-8. Feb. 16. leaflet. No Page.


At a town Meeting in Duxborrough February 16th 1707-8. The town being informed that the inhabit- ants of Plymouth, and others, intend to take down the bridge at, or over Jones River, and torn the road, or highway further up the said river, which if obtained will prove very injurious to the said town of Duxborrough, as well as some other towns, for preventing of the same the said town at their said meeting, do unanimously deelare their dislike thereof, and desire that the said bridge and way may continue as formerly.


205


DUXBURY RECORDS.


At a Town Meeting held in Duxborrough the 16th of Sept. 1706.


Whereas the town of Duxborrough made choice of Capt. Arnold. Mr. John Partridge and Mr. Thomas Loring their Agents, to sell common lands to de- fray the charges of building the said town's Meeting house, and the said Agents having sold sundry par- cels of land, and received part of the money for the same, and no confirmation of said lands yet given, the said town have therefore voted that the afore- said Agents making their return to the town clerk of the bounds of the land they have sold, or shall sell, and take security for the money, that the Town Clerk shall record the same.




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