History of Bristol County, Massachusetts, with biographical sketches of many of its pioneers and prominent men, Part 179

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 179

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" 7. If the Honored Court had never proposed it to us to choose a

captain, but taken the power of placing one over us into their own hands, though most would have grumbled at the loss of their liberty, yet, for our parts, we would have yielded, and persuade others to yield, to it ; and had rather still that the conrt would put in whom they will, pro- vided we have but one sun in our firmament, for two will set the world on fire.

" 8. The generality (we perceive) incline not to list themselves under either captain, provided it might not be construed contempt of the Council; in sending which they will rather yield to, if there be no help for it. Many are persuading Capt. Leonard not to accept of a commis- sion on these terms, but rather to train in one company, though as a private soldier. Your honor by this time sees our sore. We have a great deal more to say, but shall not write it at present. Onr honored Maj. Walley has been an eye-witness to our state (Your Honor but an ear-witness as yet), and it seems a reflection on our major that one or two sorry souls should have such credit before him ; but he is able to plead his own cause. We are far too bold and troublesome to your Honor, and crave your pardon. Shall finish all in a word or two. We humbly pro- pose that your Honor would take the pains to visit our town on some time appointed, when our Maj. Walley may be present also, and see how our state has been exceedingly misrepresented by such as may truly be called factious persons and turbulent spirits. We doubt not but your Honor may compose matters with a short visit. We shall be heartily engaged and obliged to pay you due service for it; and to make some alteration in under officers if your Honor advise to it. To prevent differ- ence the people would yield, though our town doth not abound with men of great abilities, and we should be at some loss if those should be laid by whom we, acting with best judgment and discretion, have pitched upon.

" We leave the clerk of the company to treat your Honor further, and with hearty prayers for your Honor's long life and happiness, begging yours for ns, we rest your humble supplicants,

" WALTER DEANE, " NATHANH WILLIAMS,

" Deacons. " JAMES WALKER, SR.,

" WILLIAM HARVEY,

" JOHN RICHMOND, " Of the Town Council. " SHADRACH WILBORE, " Town Clerk. " ROBERT CROSSMAN, JR., " Clerk of the Military. " PETER WALKER, " SAMUEL HALL, " Constables. " JOHN HATHAWAY, SR.

" We sought not multitude of names to our petition, but offices or officers (not to boast), but that your Honor may know how far we are engaged in acting or to act for the town, and that many eyes are upon us to lead in this matter."

The trouble assumed so much importance that on the 16th of April, Maj. Walley wrote to the Governor about it. As this correspondence gives a graphic picture of the times, so much of his letter as relates to Taunton affairs is also here given.

The originals of these documents are found in the Governor Hinckley papers, now deposited in the Boston Public Library. They were published in the collections of the Massachusetts Historical So- ciety, fourth series, vol. v. :

" BRISTOL, the 16th April, 1690.

"HONORED SIR,-I received yours of 16th instant, and do think that if you understood the motion of Boston (which might be some direc- tion) it would be proper you should write Leisler an answer. I under- stand they have sent up a considerable strength to Albany. For the management of the affairs of Taunton 1 am exceedingly troubled, and the late order of the Council of War will be of very bad consequence, and (if you will pardon me), I will say, contrary to the order of the General Court, which order is first to be observed. They had no liberty to be two companies, unless they could agree to divide by the ground, which they could not ; and then, by order of the General Court. they

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were to proceed to choice, and were promised the major vote should be accepted. Now, contrary to order, to go about to please a minor part, less by far, both in weight and number; a pleasing of a party that a great many of them, I am afraid, will be angry with their minister ere long, and ready to oppose all that doth not please them. Had you at- tended order surely it had been the safest way. You have given such a precedent as never was in N. E., and other towns are a-pleading for the benefit of it; and we shall want not only two, but ten captains in a town. But, sir, though I write this to you, yet Intend it chiefly for the gentle- men that promoted the sending of two commissions. I have them yet both by me, and at present shall forbear sending either of them. To send Cap- tain Leonard, I had almost said, an illegal commission, I am not willing, and, if he be wise (if I should), he would not accept it. Macey's party, by virtue of the order of Council, are daily listing soldiers, and take all opportunities to wheedle in all the youngsters they ean. The other party look upon proceedings not to be proper, and so lie still. They are grown to that pass, that I despair of any success of giving them a meet- ing; and there is nothing will tend to peace, but for some (Mr. Cotton, &c.) that have an interest in Macey to persuade him, for the peace of the town, to lay down, which I believe he will hardly be persuaded to. I could enlarge, but I must forbear. My thoughts are to keep the com- missions, and acquaint them from yourself and others of the Council. I am advised so to do until further order, and, in the mean time, to re- quire him as lieutenant, and Mr. Leonard as ensign, by virtue of former order, and until further order to take care, with the rest of the Town Coun- cil, to meet and order watching, warding, and scouting as they judge needful. Swansey have had another choice : chose Brooks, captain ; James Cole, lieutenant ; and Robert Sanford, ensign, which have moved each according to the rules of discipline, and the choice, as things are circumstanced, most likely for peace. Bnt Cole and his party are dis- contented; they are the least part and least considerable. But they will want Tannton liberty, if that may go for a precedent."

In order, if possible, to terminate the whole diffi- culty, the General Court at their meeting May 20, 1690, passed the following :

" Whereas, There have been and are several uncomfortable differences in the town of Taunton respecting their military company, especially relating to the officers thereof, and several ways have been propounded and tried for the re coneiling and healing thereof, all which have proved ineffectual to accomplish the same, and there having been several choices of officers among them, against all of which there have been objections made as to the legality thereof, it is therefore ordered by this Court and the authority thereof that the soldiers and inhabitants of the town of Taunton meet on the 2 day of June next, at ten of the clock, the soldiers complete in their arms, and that they make a choice of military officers according to law, and that their choice be returned to the next General Court, and that the whole company be under the com- mand of Lieut. Macey as chief, and Eusign Leonard under the major in the mean time; and Mr. Smith and Major Walley, one or both, are de- sired to be there to see a fair choice. And this notwithstanding any former aet of the General Court, or order of the Council of War."

Nothing further of interest appears in the Plymouth Colony records touching the military affairs of Taun- ton. In 1691, Plymouth Colony was united with Massachusetts under the province charter. The mil- itary history of the town beyond this period will be treated by other hands.

CHAPTER LXI.

TAUNTON.1-(Continued.)

AMONG the earliest matters that received attention by the General Court, when new settlements began to be made beyond the limits of Plymouth, was that

of regulating the receiving in of persons to such plantations or neighborhoods and the disposing of lands to them. A form of deputation or committee- ship was adopted for the government of such as in any of the new plantations might be intrusted with this duty. They were to receive in such persons as might be fit to live together in the fear of God and obedience to the king, in peace and love as becometh Christian people, and they were to dispose of such equal and fit portions of land unto them as the several estates, ranks, and qualities of such persons as the Almighty in His providence should send in among them should require.

It seems that a committee for this purpose had been authorized in Taunton, for in June, 1641, the General Court passed the following :

" Whereas, those seven first freemen, men of Taunton, that have un- dergone great travel and charges about the attending of the courts, laying ont of lands, and other occasions for the town, it is thought meet by the government that therefore they have a proportion of land in some convenient place lying together assigned them, so that it exceed not the quantity of forty acres apiece, besides the other proportions of lands in other places as other of the inhabitants of the said town of Taunton have, when the said lands shall come to be divided hereafter."

A reference is made to a previous book for their names, upon turning to which we find they were Wil- liam Pool, John Gilbert, Sr., Henry Andrews, John Strong, John Dean, Walter Dean, and Edward Case. These are the same mentioned in the list of 1637 as freemen of Cohannett, and who are again named as admitted and sworn in December, 1638. They were the only freemen in Taunton until 1641, when Wil- liam Parker and John Parker were admitted. The public offices were filled by them until that year. John Strong was appointed the first constable in 1638, and was appointed again in 1639. William Pool was appointed the chief military officer of the town, with the title of captain, in 1639, and seems to have retained the position for many years. William Pool, John Gilbert, and Henry Andrews were chosen the first deputies to the General Court in 1639, and in 1640 Edward Case and Walter Dean were the depu- ties, and John Dean was constable. As the number admitted to the privileges of freemen increased in the town, the public offices were shared among them. But these first seven, so long as they lived and re- mained here, were prominent in all town and public affairs, and for a large part of the time held some im- portant office. They gave character and direction to the young settlement, and to them, if to any more than to all the first purchasers, belongs the honorable title of fathers of the town.

The rights and duties of freemen were so important, and so nearly affected the management of all town as well as the more public affairs of the colony, that it may not be out of place to give here the laws regu- lating their admission and prescribing those rights and duties. Church membership does not seem to have been made a condition of admission, as was the case in the Massachusetts Colony, although, as a mat-

1 By James Henry Dean.

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HISTORY OF BRISTOL COUNTY, MASSACHUSETTS.

ter of practice, it probably amounted to very nearly that. In 1656 it was ordered that " hereafter such as are admitted to be freemen, the deputies of such towns where such persons live shall propound them to the court, being such as have been also approved by the freemen in that town where such persons live ;" and in 1657 it was ordered that " upon satisfying tes- timony given from the freemen of their town by their deputies, such to be forthwith received without any further delay at the same court where such testimony is given." But in 1658 this rule seems to have been thought too.broad, and it was ordered that " all such as shall be admitted freemen shall stand one whole year propounded to the court, viz., to be propounded at oue June court, and to stand so propounded until the June court following, and then to be admitted if the court shall not see cause to the contrary."

By a law of 1674 lists of the freemen in each town were to be kept upon the town record, and no man's name was to be brought into the court to be pro- pounded unless he had had the approbation of the major part of the freemen at home, which was to be signified to the court under the town clerk's hand by the deputies.

In 1652 it was enacted " that no Quaker rantor or any such corrupt person shall be admitted to be a freeman of this corporation.

" That all such as are opposers of the good and wholesome laws of this Colony, or manifest opposers of the true worship of God, or such as re- fuse to do the Country service being called thereunto, shall not be ad- mitted freemen of this corporation, being duly convicted of all or any of these.

" That if any that are freemen that are Quakers or manifest encour- agers of such and so judged by the court, or such as shall speak con- temptuously of the court and the laws thereof, and such as are judged by the court grossly scandalous, as liars, drunkards, swearers &c. shall lose their freedom of this corporation."

At first the whole body of frecmen were required to be present at every court, and a fine of three shil- lings was imposed for absence.

In 1646 it was required that the whole body of free- men should appear at the Election Court the first Tuesday in June annually, and that they should then present such deputies as had been chosen by their towns. In 1660 the fine for not appearing at the June court of election was ten shillings, unless a reasonable excuse could be shown. By a law of 1646 towns were fined forty shillings for not sending depu- ties, and deputies twenty shillings for not appearing, unless they had a reasonable excuse.

In 1669 it was enacted that none should vote in town-meetings but freemen or freeholders of twenty pounds ratable estate and of good conversation, hav- ing taken the oath of fidelity; and in 1678 it was further provided that a list of all that had taken the oath of fidelity should be kept by the town clerk of every town.

As early as 1636 it was enacted "that an oath of allegiance to the King and fidelity to the Govern- ment and the several Colonies therein be taken of

every person that shall live within or under the same ;" and in 1642 the admission of inhabitants was regu- lated by an enactment "that none shall come to in- habit without leave, and any intruding themselves without regard to such order, shall forthwith be warned to go out of the Colony, which if they shall not speedily do then every offender to pay five shil- lings a week for every week's continuance." But it was also provided "that every person living quietly in a place and not excepted against for three months shall be reputed an inhabitant."

The oath of a freeman, as established in 1636, was as follows :

" You shall be truly loyal to our sovereign Lord the King, his heirs and successors. You shall not do nor speak, devise or advise anything or things, act or acts directly or indirectly by land or water that shall or may tend to the destruction or overthrow of any of these plantations or townships of the Corpora- tion of New Plymouth ; neither shall you suffer the same to be spoken or done, but shall hinder, oppose, and discover the same to the Governor and Assistants of the said Colony for the time being or some one of them ; you shall faithfully submit unto such good and wholesome laws and ordinances, as either are or shall be made for the ordering and government of the same; and shall endeavor to advance the good and growth of the several townships and plantations within the limits of this Corporation by all due means and courses; all which you promise and swear by the name of the great God of heaven and earth, simply, truly, and faithfully to perform as you hope for help from God, who is the God of truth and the punisher of falsehood."

These stringent requirements, as also the obliga- tion of frequent attendance at the General Courts at Plymouth, and of accepting offices requiring much outlay of time, under penalty of a fine for non-ac- ceptance, tended to keep the number of freemen, as compared with the whole number of male in- habitants, relatively small. The oath of allegiance and fidelity was required of all male inhabitants of legal age, and such were allowed to vote in town affairs if they possessed the necessary property quali- fication. The latter qualification, considerable for those of small means, probably cut off many from participation in public affairs who possessed every other qualification.

For convenience of arrangement it is proposed to give the history of the town during the colonial period as shown by the action of the General Court touching particular individuals as well as town affairs, and afterwards as it may be gathered from the proprietors' records and from other sources.

The earliest recorded marriage is given as follows : " Richard Paul and Margery Turner, of Cohannett, were married the 8th of November, 1638." The next two are " William Harvey and Joane Hucker, of Cohannett, married the second of April, 1639."

751

TAUNTON.

" Thomas Gilbert and Jane Rossiter, of Taunton, Doughty, upon condition that the townsmen of Taunton shall make all the swamps betwixt Plym- outh and Taunton passable for man and horse." The grant of this sum does not seem to have proved a sufficiently powerful inducement for the town to do the work, for at the court in October, 1647, the fol- married the 23d of March, 1639" (1640 new style). Jane Rossiter was the daughter of Hugh Rossiter, one of the first purchasers. Paul, Harvey, and Gilbert were also among the first purchasers. At first all marriages seem to have been solemnized at Plymouth, before the Governor or some one of the magistrates. | lowing action was taken : " Whereas, the township of Afterwards persons were appointed in the different towns to perform the ceremony. In 1650, Mr. Wil- liam Parker was deputed by the court to marry per- sons in Taunton. In 1657 the court " deputed some special men in the towns of Taunton, Barnstable, and Rehoboth, in regard of their far distance of place from any magistrates, to administer marriage, and to administer an oath to give true testimony and infor- mation to the grand inquest, and likewise in His High- ness' name to issue forth warrants to subpoena in wit- nesses to give testimony to the court or grand inquest in such cases." Mr. William Parker was appointed for Taunton. Taunton had a fine of thirty shillings given unto them for and towards the amending of their high- ways in certain swamps, the court understanding that they having received the said fine, but not done the said work, doth order that the work be forthwith sufficiently done, or else that the money be repaid by them to the treasurer for the government's use by March court next. Mr. Browne undertook that the one of the two should be done." But even Mr. Browne's undertaking seemed to effect nothing, for two years after " the town of Taunton was presented for not mending the highways between Taunton and Plymouth, which they are ordered by the court to do, In 1662, James Walker was authorized to admin- ister an oath as occasion should require, as also to marry persons, William Parker having died about that time. In 1684, Thomas Leonard received the same authority, which he continued to exercise for many years. or to return the thirty shillings fine of Francis Doughty allowed them for that end." In March, 1649, again, " We present the way wardens or survey- ors of Taunton for neglecting to mend the high- ways." The surveyors were John Dean and Richard Stasy. It appears by an entry in the margin of the record that they were cleared. Whether the swamps between Taunton and Plymouth were made passable may be doubtful, but no further action in reference to Mr. Doughty's fine was taken.

In March, 1655, the court ordered that " Whereas sundry persons have died at Taunton, whose wills and the inventories of their estates have not been or- derly proved, in regard those whom it concerneth, being widows cannot conveniently travel to the court, Mr. Browne is deputed by the Court to require them to take oath to such wills and inventories at Taun- ton, that so they may be recorded according to order." This Mr. Browne was John Browne, whose name stands at the end of the list of purchasers. He had moved to Rehoboth before the above date, being one of the first settlers in that town. He was for many years one of the Governor's assistants, and held other prominent and responsible positions.

Richard Paul was licensed to keep a victualing- house at Taunton in 1640. He was propounded to take up his freedom in 1647, and again in 1653, but there is no record that he was ever admitted.

At the March court, 1641, " Mr. Francis Doughty, of Taunton, for selling a pound of gunpowder to the natives (contrary to the acts and orders of the court), which was confessed by himself, is fined 30 shillings." At the same court, " Edward Hall, servant to Francis Doughty, for swearing profanely, is sentenced to be set in the stocks, which was accordingly done." Among the presentments by the grand inquest was the following: "We present ... the son of widow Hoble for swearing. Witness, William Evans, John Golope." The widow of William Hobell, one of the first purchasers, was probably referred to by " widow Hoble."

At the June court, 1641, " the town of Taunton is granted the thirty shillings, the fine of Mr. Francis

In March, 1645, " information was given unto the court by Mr. Browne, that John Gilbert, Jr., of Taunton, was vehemently suspected of felony for divers things, and obtaining leave to go for England, made over his estate in Taunton and elsewhere, amounting to the sum of forty pounds, or thereabouts, unto Nathaniel Sowther, for and on behalf of the government of New Plymouth, for saving this gov- ernment harmless concerning such things as might or may be objected against him for or concerning any matter or thing of such like nature, and for the an- swering of all such matters the next court, or else the next General Court after his return out of Eng- land, to answer in his own person, which is to be in two years next ensuing." At the June court follow- ing he was called, but neither he nor any for him made answer. At the same court, John Maycumber, of Taunton, was fined five pounds "for abusing the magistrates in concealing and misinforming the last Governor and Mr. Browne, and divers other of the assistants in the case of John Gilbert, Jr., whereby he is at large, and divers persons are deprived of re- ceiving their goods again, and the said Gilbert is gone into England." William Parker and Richard Williams became bound for his appearance at the next court.

William Halloway complained to the court in June, 1646, that an old woman whom he brought out of England was chargeable to him, whereupon the

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HISTORY OF BRISTOL COUNTY, MASSACHUSETTS.

court took it into consideration and requested him to deliver her to the town, or whom they should appoint to receive her, with her clothes and bedding and such things as she had, and the town was to take order for her maintenance.

At the June court, 1649, Edward Bobbit, of Taun- ton, was presented for receiving pay for stolen "wam- pom," and Thomas Gilbert, constable of Taunton, was presented for letting go of one whom he knew to have stolen a quantity of "wamipampege," and was sus- pected of other things. But their reputations were relieved from these stains by being cleared.

At the October court following, John Hathaway, of Taunton, was presented for lending a gun to an Indian. He was cleared, with admonition to take heed for the future. William Shepherd, of Taunton, at the court in May, 1650, confessed himself guilty of a crime not so readily excused, that of purloining cer- tain goods from his mother-in-law. He was sentenced to return the goods and to be whipped at the post, the latter of which was forthwith performed.

At the October court, 1648, James Walker, of Taunton, informed against William Hedggis, for that the said Hedggis, knowing of one that had traded shot unto the Indians, and refusing to de- clare who it was, by a summons sent unto him was required to appear at the next General Court; ac- cordingly he did, and was cleared. At the court in June, 1651, the grand jurymen of Taunton were pre- sented for being absent. George Macey and William Hailstone were the delinquents.

The following is interesting as showing the minute care exercised by the court regarding paupers and others falling into distress :

June, 1653. " Whereas, complaint is made of Thomas Brayman, of Taunton, that by reason of a distracted condition in which he is, that both himself and wife are out of any employment which may conduce to their maintenance and subsistence, the Court have ordered that such of the town of Taunton who are deputed by the said town to order the especial affairs thereof, shall dispose of the said Brayman as they shall think meet for one in such condition, and that his wife be put forth to service, being young and fit for the same, and having no other way so likely to procure her maintenance."

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History of Bristol County, Massachusetts, with biographical sketches of many of its pioneers and prominent men, Part 179

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

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