History of Bristol County, Massachusetts, with biographical sketches of many of its pioneers and prominent men, Part 175

Author: Hurd, D. Hamilton (Duane Hamilton) ed
Publication date: 1883
Publisher: Philadelphia, J. W. Lewis & Co.
Number of Pages: 1818


USA > Massachusetts > Bristol County > History of Bristol County, Massachusetts, with biographical sketches of many of its pioneers and prominent men > Part 175


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In 1640 the territory thus purchased was run out and bounded by a committee appointed by the court, in pursuance of the authority constantly exercised over purchases of lands and the boundaries of towns. The report of the committee is found in Plymouth Colonial Records, vol. ii. page 99, and is here given :


" The limits and bounds of the town of Taunton, alias Cohannett, within the Government of Plymouth, bounded and ranged for length and breadth, by order of the Court, by Miles Standish and John Brown, gentlemen assistants in the government, the nine- teenth day of June, anno domini 1640, in XVI. year of our sovereign Lord, Charles etc., as follows, viz. :


733


TAUNTON.


" Imprimis. From two marked trees near unto Assonet, a neck of land lying between Assonet and them lying southerly, and from the said marked trees ranging east and by south four miles; ranging also from the extent of the four miles north and by west; also from two marked trees near the Three-Mile River, lying sonthierly of Taunton, the range to run four miles west and by north ; and from the extent of this last-mentioned four miles, the range to run north and by west eight miles; moreover, from the extent of this eight miles range, then the range to run on the east and by south line to meet with the former ex- pressed north and by west line upon a long square; always provided, that if these ranges do not take in a place of Schadingmore meadows, the said Schadingmore meadows to be included as belonging to the aforesaid town of Taunton, with one thousand acres of upland near ad- jacent nnto said meadows; provided likewise, that these lines do not entitle the said town of Tannton to intermeddle within two miles of Teightaquid.


" MILES STANDISHI. " JOHN BROWN."


John Brown, of the above committee, was the same person as Mr. John Brown the last in the list of pur- chasers. He afterwards removed to Rehoboth, and was for many years one of the Governor's assistants.


The only permanent monument given in the boun- daries of the town is Three-Mile River. The starting point was undoubtedly on the east side of Taunton . River, opposite to and somewhat north of the mouth of Three-Mile River. From thence the line extended four miles east and by south, thence north and by west, making an acute angle twenty-two and one-half de- grees less than a right angle. Then returning, crossing the river, and starting from a point near Three-Mile River, where the present line between Taunton and Dighton first strikes the river, it ran four miles west and by north, making the whole line eight miles in length. Thence running eight miles north and by west, making an obtuse angle twenty-two and one-half de- grees more than a right angle, aud from thence running again east and by south, making an acute angle and meeting the first north and by west line. It was in- tended to be eight miles on a side, but the measure- ments in those days were liberal. It was not rectan- gular but diamond-shaped, and was hence called a long square. The northerly angle was within about two miles of the Massachusetts Colony line, and near the centre of the present town of Mansfield.


It was not long before a request was made for an increase of pasture and meadow lands, and in March, 1640, the court answered it by passing the following order :


" Whereas, the inhabitants of Cohannett, now called Taunton, have complained of their great want of meadow grounds, the which has been seriously weighed and considered upon special order of the whole court, and finding their want to be such that unless they be supplied of meadow lands they cannot comfortably there subsist, the court doth therefore now order and grant the meadow lands at Assonet and betwixt Taunton and Assonet on both sides of the river unto the said inhabitants of Taunton, provided always that the minis- ters and people now there which are fit and do precede and continue in a church estate there the space of seven years next ensning (except some special act of God do hinder the same), that then the meadow lands aforesaid shall be to them and their heirs forever. And the court doth further order that they will see Mr. Hooke, Mr. Streete, and Mrs. Pool shall have competent meadow and uplands for farms laid forth for them about May next, by Capt. Standish and such others with him as shall be especially assigned thereto."


In June, 1643, another grant was made, as follows :


"Concerning the request of the inhabitants of Taunton for wood and lands.


"The Court is willing to condescend thus far, that those lands which belong to Ilesbone may be procured them by all due means, and with what convenient speed may be ; also, that the best and speediest means be used to procure them further enlargementon that side the main river to answer Mr. Hook's and Mr. Street's farms on the other side; and whereas, they desire the neck of Assonet for pasturing young beasts, it is also granted by the Court, provided leave can be procured from Ussa- mequin, and all payments to be made by themselves, without any charge to the country ; but whereas, the timber is requested below the said bounds, that we cannot grant without great detriment to another plan- tation intended below that."


Rev. William Hooke, the first minister of Taunton, Rev. Nicholas Streete settled at the same time as teacher of the church, and the successor of Mr. Hooke in the pastoral office, and Elizabeth Pool, sister of Capt. William Pool, who has been called the foundress of Taunton, are the persons referred to by those names in the foregoing grants.


At the General Court held Oct. 5, 1663, an enlarge- ment of territory on the southeast was granted, as follows:


"The inhabitants of the town of Taunton having several times, for divers years, complained of the straitness of the bounds of their town, and having petitioned the Court for some enlargement, the Court, having desired some to take a view of what they have desired, and finding that it is not likely to be prejudicial to any, they grant as followeth, viz .: that the path which goeth from Namasakett to Assonet River be their bounds on the southeast, and so by a line from thence to Baiting Brook, and from Baiting Brook a north line till it meet with their opposite line called the Long Square, provided that it come not within two miles of Tetacutt; also it is granted that the inhabitants of Taunton that have interest in the iron-works there shall have free liberty to cut wood on those lands for the use of their iron-works, but not any foreigner, ex- cepting Richard Church, of Hingham."


. The largest addition of territory was made in June, 1668, and was called the North Purchase. It com- prised all the lands between Bridgewater on the east, Rehoboth North Purchase (now Attleborough ) on the west, the Massachusetts line on the north, and Taun- ton first purchase on the south. The whole of the present town of Easton, nearly all of Mansfield, and almost half of Norton was included in this purchase. The movement culminating in this purchase com- menced as early as 1661. In October of that year the Plymouth Court made this order: "The Court have granted unto the ancient freemen of Taunton, . that in case any land can be found on the north side of Taunton bounds, towards Secounke cartway, which will not fall within any lands already put in for by the children of the first comers, that they may make report thereof to the Court ; and a competency shall be granted unto them, if the Court shall see reason."


The matter was again referred to by the court held in June, 1662, when the major, Capt. Southworth, and Capt. Bradford were appointed to purchase lands on the northerly bounds of Taunton of the Indians in behalf of thirty-two persons named in the order, several of whom belonged in Plymouth. In October following Capt. Willett and some others whom he should think best were requested by the court to view the bounds of Taunton, wherein they desired to be enlarged, and if he should see it convenient, and


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HISTORY OF BRISTOL COUNTY, MASSACHUSETTS.


not prejudicial to others, to confirm it to them. The matter then seems to have rested until 1668, when the grant was made as follows :


" Whereas the General Court of New Plymouth have empowered Mr. Thomas Prence, Major Josias Winslow, Capt. Thomas Southworth, and Mr. Constant Southworth to lake notice of some purchases of land lately made by Capt. Thomas Willett, and to settle and dispose the said lands for the Colony's use; know therefore all whom it may anyway concern, that the above named Mr. Thomas Prence, Capt. Thomas South- worth, Mr. Constant Southworth, and Major Josias Winslow, by virtue of power by and from the said Court, devised unto them, have and by these presents do bargain, sell, grant, alien, allott, confer and make over unto Richard Williams, Walter Dean, George Macy, James Walker, Joseph Wilbore, William Harvey, Thomas Leonard, John Turner, Henry Andrews, John Cobb, George Hall, John Hall, Samuel Hall. James Leonard, sen'r., Nathaniel Williams, Thomas . Williams, Nicholas White, sen'r, Nicholas White, jun'r., Hezekiah Hoar, Alice Dean, Robert Crossman, Shadrach Wilbore, Thomas Caswell, John Macomber, John Smith, Edward Rew, John Parker, Samnel Paul, Thomas Linkon, sen'r., Thomas Harvey, the elder, Nathaniel Thayer, Thomas Linkon, Jr., Peter Pitts, Jonah Austin, sen'r., John Richmond, Samuel Williams, Christopher Thrasher, Mistress Jane Gilbert, George Watson, Samuel Smith, James Burt, Richard Burt, John Tisdale, sen'r., John Tisdale, jun'r., James Phillips, Edward Babbitt, John Hatheway, Jonathan Briggs, Increase Robinson, John Bryant, Thomas Harvey, jun'r., Proprietors of the town of Taunton, and to their heirs forever, a certain tract of land lying and being on the northerly side of Taun- ton, aforesaid, and is bounded as followeth, viz .: Beginning on the northwest, at the bounds of the lands formerly sold by us unto the town of Rehoboth, and to be bounded on the northerly side by the Massachusetts line, until it cometh to beare with the western bounds of the town of Bridgewater, and so from the said Massachusetts line by a south line home to the bounds of Tannton, and thence by a west- erly line until it meets with the bounds of Rehoboth, aforesaid, and so to follow all the lands within this compass, excepting only a small parcell granted unto John Bundy, and also a grant made unto Thomas Briggs (the son of Clement Briggs), together with the meadows, woods, waters, and all other benefits, privileges, emoluments, profits, and im- munities thereunto appertaining and belonging.


" To Have and to Hold," etc.


Dated June 1, 1668. The consideration paid was one hundred pounds.


The name of Mr. George Shove was afterwards, March 8, 1682, affixed in the margin by order of the court upon satisfactory proof that he was a proprie- tor. Mr. Shove was the third minister of Taunton.


Meantime a movement had been set on foot to pro- cure lands down the river for an enlargement in that direction. In July, 1667, the court granted unto some ancient freemen living in Taunton, viz. : Richard Williams, Walter Dean, George Hall, Allis Dean, (the wife of John Dean, deceased), Mr. John Pool, Peter Pitts, James Walker, and Henry Andrews, that they shall have some supplies of land upon the west side of Taunton River, if not already granted to any other, or some other place if it may be obtained.


Again, in March, 1672, " James Walker and John Richmond are authorized by the court to purchase the land of the Indians in the behalf of the town of Taunton, lying on the west side of Taunton River, from the Three Mile River down to a place called the Store House."


The town also took action in the matter as follows :


" This 6th of May, 1669. The town hath voted and chosen Lieut. George Macy, Henry Andrews, and Joseph Wilbore to go down to Philip Sachem and confirm with him about buying of ye land from the Three Mile River down as far as Store House point, as far as the meadows,


and to buy it of ye Sachem as far as they can into ye woods from ye Great River, and what bargain the above said men shall make with him the town doth engage to perform, and the above said men are to go down about the abovesaid design the next week."


"This 18th of December, 1671. It is voted and agreed upon hy ye town that the selectmen now in being are now empowered to use the best of their discretion for ye procuring of ye land down ye river from ye Three-Mile River to Store House point, that it may be confirmed to our township by the Court."


" This 19th October, 1672. It is voted, and ye town hath chosen Lieut. George Macy, Ensign Thomas Leonard, and William Witherell, to go to Plymouth to act for ye good of ye town, about ye new purchase down ye river as need may require for ye good of ye town.


" This 2d of September, 1672. The purchasers or free inhabitants of Taunton being in a probable way to purchase a certain tract of land lying down ye great river, of Philip Sachem, therefore, for the better managing of ye purchase of ye said land, and for the procuring of firm deeds from ye said Sachem and for ye looking to ye payment of ye purchase of the said land, the abovesaid purchasers hath chosen this committee follow- ing : William Brenton, Esq., Walter Dean, William Harvey, Lieut. George Macy, James Walker, John Richmond, Richard Williams."


This committee were given full power to make deeds of the Indians, proportion what every man should pay, and if any man should fail to pay he should lose his right. In furtherance of the plan this com- mittee obtained a deed from Philip, the son of Mas- sasoit and sachem of the Pokanokets, conveying a tract three miles by four, beginning at Three-Mile River, and extending southerly by the Great River three miles, and westerly from the river four miles, for the consideration of one hundred and forty-three pounds. This deed was dated Sept. 28, 1672. By a deed dated Oct. 1, 1672, Philip conveyed to Mr. Con- stant Southworth, treasurer of the colony, " the other mile in breadth and four miles in length, adjoining the three miles in breadth and four miles in length already sold to Taunton men," which deed Mr. South- worth assigned to the committee. The consideration paid was forty-seven pounds. The whole tract, four miles square, was conveyed by the committee to the associates by a declaratory deed, which is recorded in the Taunton Proprietors' Records, vol. iv. p. 232, and is as follows :


" Know all men whom it may concern, that whereas we, William Brenton, Esqr., Richard Williams, Walter Dean, James Walker, Wil- liam Harvey, and John Richmond, hath through difficulty obtained of Philip, Sachem, and of Mr. Constant Southworth, as Treasurer for ye Colony of New Plymouth, a tract of land containing four mile square, lying and situate below ye Three-Mile River (so called), for themselves and their associates, as appears by deeds, we, ye abovesaid William Brenton, Esq., Richard Williams, Walter Dean, James Walker, William Harvey, and John Richmond, do, by these presents, declare to be our associates, and to be equally interested in ye abovesaid four miles of land, the now living free inhabitants of ye town of Taunton, whose names are underwritten, always provided that all these associates shall truly and faithfully pay, or cause to be paid, their full proportion to ye purchase, and all other necessary charges expended in or about ye abovesaid land, as they shall be appointed, both to ye sum and specia and time and place of payment; but if any of these associates shall re- fuse or fail to pay their full proportion to all payments as abovesaid, they shall lose their right and interest to ye abovesaid land, and it shall be forfeited to ye remainder of ye associates. 3dly. That these asso- ciates shall not make any alienation of their part or interest in ye abovesaid land to any foreigner, except first approved by the town of Taunton. The names of ye associates.


"John Tisdale, sen'r, George Shove, Giles Gilbert, John Macomber, sen'r, John Dean, Peter Pitts, Mr. John Pool, Edward Rew, Henry Andrews, Jr., Nicholas White, sen'r, Thomas Leonard, Thomas Dean, James Tisdale, Thomas Linkon, sen'r, Francis Smith, George


735


TAUNTON.


Watson, Shadrach Wilbore, Samuel Smith, Samuel Holloway, Joseph Hall, George Macy, Hezekiah Hoar, James Phillips, Joseph Wilbore, Thomas Gilbert, Christopher Thrasher, John Cob, Thomas Caswell, Samuel Pitts, Samuel Hall, Nathaniel Williams, Joseph Williams, Israel Dean, Thomas Linkon, Jr., James Burt, Richard Stacy, John Smith, sen'r, Robert Crossman, sen'r, Malachi Holloway, Mary Street, Henry Andrews, John Hall, John Hathaway, Aaron Knap, Richard Burt, John Briant, Edward Bobit, William Wetherell, Samuel Williams, James Leonard, sen'r, Robert Thornton, John Tisdale, Jr., Jonathan Briggs, John Turner, Jonah Austin, sen'r, John Hodges, Thomas Harvey, sen'r, William Paull, Easter Gollop, Nathaniel Thayer, Increase Robinson, Ezra Dean, Peter Walker, Nicholas White, Jr., James Leonard, Jr., Richard Stephens, Jonalı Austin, Jr., John Smith, Jr., Aaron Knap, Jr., Joseph Willis, Thomas Harvey, Jr., William Hailstone, Israel Thrasher, James Bell, John Linkon, Thomas Williams, Richard Briggs, John Ma- comber, Jr., ye son of John Macomber, John Eddy, Isaac Dean, James Walker, Jr., Samuel Macy, Jared Talbut, Stephen Caswell, William Witherell, Edward Cobb, Thomas Armsbee.


" These persons named we acknowledge to be our associates upon the condition above written.


" November 26, 1672.


" WALTER DEAN, " WILLIAM HARVEY,


" RICHARD WILLIAMS,


"JAMES WALKER,


" JOHN RICHMOND."


Assonet Neck was conveyed, Nov. 12, 1677, by Constant Southworth, treasurer of the colony, to George Shove, James Walker, James Tisdale, Walter Dean, William Harvey, and Richard Williams. This and several other unoccupied tracts of territory in this part of the colony had been pledged by the government for the payment of the soldiers engaged in the Indian war of 1675 and 1676. The lands on the east side of Taunton River, between the bounds of the first purchase and Assonet Neck, seem to have been included in the previous grants of 1640 and 1643, which were in somewhat indefinite terms. In July, 1682, the following order was passed : "This court orders the land called Assonett Necke, being purchased by some of Taunton, that the said tract of land shall be in the township of Taunton." This was the last grant of territory to the town of Taunton. It now included the present towns of Dighton, Berk- ley, Raynham, Norton, Easton, and Mansfield. But it was not until 1711, when Norton was incorporated, that it began to be shorn of its large dimensions.


As to the question of whom the first purchase was made, in the absence of the original deed and of any copy, other proof must be resorted to for an answer. In the first place the purchase was made under the direction and by the permission of the Plymouth Court, who acknowledged Massasoit as the chief sachem and owner of all the territory in Plymouth Colony. The boundaries as fixed by Standish and Browne provide that these lines do not entitle the said town of Taunton to intermeddle within two miles of Titicut. The territory of Bridgewater was bought of Massasoit. The North Purchase is said to have been made of King Philip, the son and successor of Massasoit, by the committee of the General Court, who conveyed it to the Taunton proprietors. The South Purchase was also made of Philip. In a con- firmatory deed, given by Governor Hinckley in 1685, intended to include all the lands then belonging to


Taunton, it is recited that " the first settlers, proprie- tors, and some of the said inhabitants, having also purchased the said lands of Woosoquequen (alias Ousamequin, Massasoit), the then chief sachem of Mount Hope and the Pokanket country, and since confirmed unto them by Philip, his son," etc. This is a significant recognition of the fact that the first purchase was made of Massasoit.


Still more significant is the confirmatory deed of King Philip given in 1663. Mr. Baylies simply re- fers to the deed without giving a copy, and as it is interesting in itself and has an important bearing upon the point in question it is here presented :


PHILIP'S CONFIRMATORY DEED.


" March 23, 1663. These Presents witnesseth, That whereas there was a plantation granted by the Court of Plymouth in the year one thousand six hundred thirty-eight (named Taunton) to sundry per- sons who there sat down, viz., Capt. William Pool, Mr. John Gilbert, Henry Andrews, John Dean, Walter Dean, and sundry others, the bounds of which plantation are expressed in the grant of the Court of Plymouth according to the several points of the compass, therein ex- pressed, which plantation so bounded as above mentioned, together with the meadows upon the Great River downward so far as the Store House Point so called, with all the meadows of Assonett and Broad Cove, with a small tract of land bought of Ishben lying betwixt the marked tree at the pond and the mouth of the Nistoquahamock on the Three-Mile River, which lands and meadows with their appurtenances immunities, and privileges whatsoever so bought of Ossamequin by the parties above-mentioned : I Philip Sachem do therefore by these pres- ents, ratify and confirm for myself my heirs and successors the granted premises made by the Court of Plymouth and also assented unto by Os- samequin my father, to the aforesaid inhabitants of Taunton and their heirs and successors forever, peaceably to enjoy without molestation or disturbance from, by or under me. Witness my hand and seal the day. and year above written.


" PHILIP THE SACHEM " his P mark "and [seal].


" Witness


" JOHN SASSOMON, Interpreter.


" The mark X of PEMICHASON allis NIMROD.


"This confirmation was signed and sealed before me the day and year above expressed.


" Witness my hand, THOMAS WILLETT."


A communication from John Richmond, son of the first John Richmond, refers to the first purchase as to a matter within his personal knowledge, and would seem to settle the question. Such parts as have a bearing upon the matter are as follows :


"Taunton, April 30, 1698. A communication from John Richmond addressed to Lieut .- Col. Elisha Hutchinson, Esq., Capt. Samuel Sewall, Esq., and Elisha Cook, Esq., Boston."


After referring to a dispute with Bridgewater men about town bounds, and to what his neighbor Hatha- way had said, he proceeds :


" And, first, I desire it may be considered how inconsistent to justice their sense is, for they say and sense it that although Taunton hath the eldest grant, yet it is theirs notwithstanding, because it was granted before; and although it be Taunton's by purchase from the Indians three times over, for we bought it first of Woosamequin in the year '39 or '40 (this was in my minority), the sum paid I know not; then we bought all again of Philip, and paid him sixteen


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HISTORY OF BRISTOL COUNTY, MASSACHUSETTS.


pounds for it; then we bought that very spot of Josiah, he claiming some land there, as appears by his deed ; then we bought that spot again, with other lands, of Maj. Bradford, he had twenty pounds more ; and they have owned that they never made any pur- chase, yet theirs because granted before," etc. (State Archives, vol. exiii. p. 167.)


The evidence to support the contrary view consists of a statement made in a quit-claim deed given in 1686 to a committee of the town of Taunton by Josiah, alias Charles, and Peter and David Hunter, three Indians,-Josiah being the great-grandson of Chickatabut and the other two Indians of Titicut. The statement is as follows :


" Know ye, that whereas it doth appear to the said Josiah and Peter and David, both by Indian and English testimonies, that Mrs. Elizabeth Pool, formerly of Taunton, in the government of New Plymouth afore- said did, for and in behalf of the said town of Taunton, purchase the lands of Titient in the year 1637, and that the right owners of the said lands did then make sale thereof to the said Mrs. Elizabeth Pool as abovesaid, and received pay of her for it, and those Indians or Indian Sachems that formerly were the right owners of those lands at said Titi- cut, being those that were the predecessors of the said Josiah, alias Charles, and Peter and David. Know ye therefore," etc.


The deed purports to convey "so much of the lands of all sorts, formerly called Titicut lands, as are and do lie within the township of said Taunton, by virtue of agreements made between the agents of said Taunton and the agents of Bridgewater, on the northwestwardly side of Titicut River, and between the agents of said Taunton and the agents of Middle- bury on the southeastwardly side of said river." The object of this deed is apparent. There had been controversies between Taunton and Bridgewater and Taunton and Middleborough about their respective bounds. These controversies had been mutually set- tled by the agents of the towns, and the three Indians named claimed that the bounds of Taunton, as thus established, included some of the Titicut lands bor- dering on the Titicut River. The Taunton proprie- tors were willing to pay a small sum to quiet the title, and so the deed was procured. The subject matter of the deed has nothing to do with the orig- inal eight-mile purchase of the territory of Taunton, and whatever else it may prove or suggest, it has no tendency to prove that Elizabeth Pool or any other person made that purchase of the Titicut Indians.




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