History of Bristol County, Massachusetts, with biographical sketches of many of its pioneers and prominent men, Part 180

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 180

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The reference to the men deputed by the town to order their special affairs shows that it was the prac- tice thus early to choose selectmen, although it was not until several years after that the law was passed requiring the towns to do so.

At the court in March, 1654, the following action was taken : " Whereas, the wife of Mr. Thomas Gil- bert hath desired by her letter that her servant, who hath received some hurt, and is now in Mr. Street's family, that there he might remain until her husband return from England ; the court hath granted her re- quest, provided that Mr. Street be freely willing to give him entertainment, but if not these were to re- quire the constable of Taunton to see that the said servant be provided for in some convenient place, and that he return not unto his mistress until his cause be heard and further order taken in the same."

The matter was again referred to in March, 1658, as follows: "Concerning Joseph Gray, servant to Mrs. Gilbert, of Taunton, who was some time since frozen on his feet, and still is lame thereof. These are from the Court to the town of Taunton, to request them that whereas there is hopes that this spring he may be cured, if endeavors be used for that end, that they would please to take some course, either into the Bay or elsewhere, for his cure; and what expense they shall be at about the same, in regard that his said mistress is not in a capacity to defray the charge, in case her husband do come again into the country, and be found able, he shall satisfy the said charge; if not, the Court hopes it will not be unrewarded of God." In May following the court ordered that a speedy course be taken for his cure, and that the town should make a rate to defray the charge.

Jonathan Briggs, servant of William Hailstone, of Taunton, complained to the court in June, 1654, that his master had not performed his covenants to him, -- in that he did not learn him the trade of a tailor, and the court ordered that Hailstone should pay his ser- vant fifteen pounds in good and current pay with all convenient speed. In the record of the court in Oc- tober, 1655, appears the following :

" Whereas an execution was issued ont of the Court in March last against William Hailstone, of Taunton, in the behalf of Jonathan Briggs, of Tauntou aforesaid; and one cow and two steers were thereby seized by the marshal, being in the custody of the said Ilailstone and known to be his cattle; and at the seizing and prizing of the same the said Hailstone did not at all make any intimation, nor any else, that any other person had any title toany of them, as the marshal testifieth ; but after they were delivered unto the said Briggs, Nicholas White, of Taunton hath petitioned the Court that the two steers were not Hail- stone's, but his by a former bargain, and paid for by him withont any frand, as he saith. The court hath taken the same into consideration and ordered that at Mr. Browne's return home he call the said White and Hailstone before him ; that if the said While do produce testimony upon oath that if the steer was hought and delivered for his use before the execution was served, then the steers to be returned to White, and Hailstone caused to make payment in other goods, else the steers lo re- main as the goods of the said Briggs, bis steers, to be disposed of by him to his best advanlage.

" WILLIAM BRADFORD, " TIMOTHY HATHIERLY, " JOHN ALDEN."

It is probable that the steers were found to belong to White, for at the next June court the constable of Taunton was ordered, in case Hailstone did not pay the judgment, to attach his goods in satisfaction thereof, and for want of goods to attach his person and keep him safely until the next court. This proved effectual, and the process was returned satis- fied with Briggs' receipt thereon as follows : " I, Jonathan Briggs, do most thankfully certify that I have received full satisfaction of William Hailstone of the sum of fifteen pounds," etc., " and hereunto I have set my hand June 21, 1656." The following September Briggs appeared at court, and for divers reasons and considerations made choice of Mr. Thomas Prence, of Eastham, to be his guardian until he was twenty-one. The court afterwards allowed to James Walker, for his pains and charges about the foregoing

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controversy the sum of twenty shillings, and the court conceived that Briggs ought to satisfy Walker further what was meet in the premises, at least to make it up to forty shillings.

A complaint was made at the June court, 1657, against Robert Crossman, of Taunton, for wronging an apprentice of his, and the selectmen were ordered to take course about the same so that the said servant be heard in any just complaint, and relieved. But in case it could not be so settled, both master and ser- vant were ordered to appear at the court of assistants to be held at Plymouth the next August. At the March court, 1655, appears the following among the presentments of the grand inquest: "We present Robert Crossman for breaking open the pound by taking down a rail and taking out his calves, tending to breach of peace and disturbance of the neighbor- hood." March, 1657, we find it thus recorded, " Rob- ert Crossman, for attempting to strike George Macey with a fire brand, and for violently thrusting of him out of his house, coming in with his leave, fined five shillings."

Another instance of violence between neighbors appears among the presentments at the June court, 1656: "We present Timothy Holway, of Taunton, for his evil carriage unto Peter Pitts, tending unto the breach of the peace; that is to say, that if Peter Pitts did stir to drive the oxen which then he had in his possession going to work, that he, that is, the aforesaid Timothy, would strike Peter down, having a pitch-fork in his hand, although he should be pres- ently hanged for it." In the margin it is recorded, " since cleared with admonition."

About this time the town commenced action to rid themselves of certain persons of ill repute and con- versation, who had come to inhabit among them. The first action taken was at the February court, 1656, and was as follows :

" At this Court the constable of Taunton brought a certain Scote, a single man, and an Irish woman named Katheren Aimes, whom he had apprehended upon suspicion of committing adultery each with other; but the Court, having examined them, could not proceed to punish them for want of clearer evidence, but having intelligence that sundry in Taunton could give evidence in the case, who were not present, the Court committed the said man and woman to the custody of the mar- shal until the next Court, and summoned in the witnesses to appear at the said Court, viz., Alexander Aines, John Muckelay, Daniell Mac- keney, Scotsmen, and a certain Irish woman named Elizabeth ; her other name none present do know."

At the next court in March the name of the " cer- tain Scote" appears as William Paule, and for his unclean and filthy behavior with the wife of Alexan- der Aimes he was sentenced to be forthwith publicly whipped, and to pay the officers the charges of his imprisonment and punishment, which accordingly was performed. Katheren Aimes, for her participa- tion in the crime, and for the blasphemous words by her spoken, was sentenced to be forthwith publicly whipped at Plymouth, and afterwards at Taunton, on a public training-day, and to wear a Roman B cut out of red cloth, and sewed to her upper garment on

her right arm. And Alexander Aimes, for his leaving his family and exposing his wife to such temptations, and being as bad to her thercin, was sentenced to sit in the stocks the time said Paule and Katheren Aimes are whipped, which was performed ; and he was further ordered to pay the charges of his wife's imprisonment and punishment, which, because he was very poor, he was to pay by twelve pence a week until it was all paid, and James Walker, of Taunton, was appointed to receive it in the country's behalf.

At the court in October, 1657, the affairs of Taun- ton received a good deal of attention, as appears from the record following :

" Whereas complaint is made to the Court by the inhabitants and townsmen of Taunton that sundry unworthy and defamed persons have thrust themselves into the said town to inhabit there, not having appro- bation of any two magistrates, according to an order of Court, and con- trary to the minds of divers of the inhabitants, to their grievance, the Court, having taken their condition into serious consideration, doth order,-

"1. That no such person be entertained by any inhabitant of the town, on the penalty of forfeiting twenty shillings for every week that they shall entertain them without the approbation of the five selectmen appointed to order the public affairs of the town; and in special that William Paule and his wife be forthwith expelled the town.

"2. Likewise, it is ordered, that you give warning to your townsmen, that no person or persons of your town do sell, hire, or give house or land to any person, so as thereby to bring them in to be inhabitants amongst them, but such as have approbation of two of the magistrates at least, according to an ancient order of Court, as they will answer their contempt in doing the contrary.

"3 and 4. For your third and fourth grievance, we conceive that if your constable and grandjurymen do their duties, there will be a full redress of such abuses.

"5. Mr. William Parker, being deputed by the Court to administer an oath to give true testimony to the grand inquest, and likewise in his highness' name to issue forth warrants to subpoena in witnesses to give testimony to the Court or grand inquest in such cases, that the Court order in the premises be improved as occasion shall require as a prepar- ative way to further justice.

" Lastly, the Court doth order that the five selectmen of your town- viz., Capt. William Pole, George Hall, Mr. William Parker, Lieftenant James Wyatt, and Jobn Dean-do forthwith, on receipt hereof, require your constable to warn a town-meeting, that so these things may be published in your town."

For the General Court held March 2, 1657-58, spe- cial warrants were issued to the constables of the towns, commanding them in the name of his high- ness, the Lord Protector of England, Scotland, and Ireland, especially to warn the grand jurymen to be in attendance; also to warn their townsmen to come to- gether, and to declare unto them that forasmuch as there were divers persons in several places that by word and act represent things of sad consequence to the government, they should make choice of some able and fit persons for deputies to attend the General Court, to whom the matters complained of might be more fully imparted. William Parker and James Walker were chosen deputies from Taunton.

During the session the case of William Paule again received attention, as follows : "Whereas the Court conceiveth that his abiding there will be a continued occasion of division and contention amongst the in- habitants thereof, they do therefore order that, ac- cording to a former order sent thither, wherein he is

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HISTORY OF BRISTOL COUNTY, MASSACHUSETTS.

requested to depart, that accordingly he do so with all convenient speed." There is no sufficient reason for supposing this William Paule, "a Scote," to be the son of Richard Paul, one of the first purchasers. The whole dealing of the court and the town with him shows that he was a new-comer who had thrust him- self in without the required approbation of two mag- istrates, and not a native-born citizen of the town.

The sanctity of the Lord's day was vigorously guarded by the court. At the session in October, 1658, it is recorded : "Leiftenant James Wiatt to be sharply reproved for his writing a note about com- mon business on the Lord's day, at least in the even- ing somewhat too soon." At a previous court the grand jury presented " John Smith, of Taunton, for needless traveling upon the Lord's day from Taunton to Nunekatateesett and so back again."

The court took care that wood and timber should not be taken and carried away by unauthorized per- sons, as the following order passed in June, 1661, will show : " It is ordered by the court that a special war- rant shall be directed to the constable of Taunton to attach the persons or estates of such as shall come up. Taunton River to fetch away the timber or woods to convey it out of the government. ... and that the like course be also taken with all such as shall come into the government and hire or buy lands of the In- dians without order."

The following order in reference to distribution of lands was directed to the town of Taunton at March court, 1662-63 :

" Upon the complaint of some of the inhabitants of Taunton, that some there have gone about to alter the ancient way of distribution of lands in that town formerly settled and long practiced, whereby, besides many other inconveniences that do arise thereby, some Indians that by the leave of the town had liberty to plant corn in the remote parts of the township are disturbed in the improvement of the said lands, to their great impoverishing, by such persons their taking up such great quantities of land, which is ill resented by us; we do therefore require them to desist from any such practice as that which we fear may create much trouble and inconveniency, until we have further inquired into the same."

Difficulties arose early in 1664 concerning certain injuries done to the saw-mills at Taunton in the night time, and William Witherell and Gyles Gilbert were suspected of being concerned in those injuries. They were bound over in the sum of twenty pounds each, to be of good behavior towards the king and all his liege people, and especially to keep from libelling, and to appear at the next court. Hezekiah Hoar was surety for Witherell and George Watson for Gilbert. The reason for requiring the bonds is given in these words : "That whereas James Walker, being a part- ner in the saw-mills at Taunton, complained of great hurt done to the said saw-mill by some persons that came in the night in a felonious manner and stole away several things, and did great spoil, and left a libellous paper behind them ; and it being suspected," etc., bonds were required. At the next court in May, Joseph Gray and Samuel Linkorn, being summoned, appeared to answer for being partners in doing great

hurt to the saw-mill at Taunton, and being examined in the premises owned that they were guilty therein. They were required to give bonds in twenty pounds each. George Watson was surety for Gray and Thomas Leonard for Linkorn.

The saw-mill referred to was upon the Mill River, exactly where it is not easy to tell ; Witherell lived near Winnecunnet Pond, and he and Gilbert owned woodland there and perhaps were interested in some other saw-mill, and so were jealous of Walker and his partners.

It may have been by way of retaliation that at the same court complaint was made of James Walker as follows :

"Whereas, at this Court, the above bounden Joseph Gray and Samuel Linkorn, together with George Watson, complained of great wrong, sus- taiued not only by them, but by the whole town of Taunton, by James Walker his neglecting, according to engagement, to leave a sufficient pas- sage for the herrings or alewives to go up in the river on which the saw mill standeth, the Court directed an order to the constable of Taunton to require him to signify unto the said James Walker that he speedily take course that a free passage be left for the going up of the alewives in the said river while yet some part of the season remains of their going up."

At the June court a further order was made to the effect, "That betwixt this date and the next season of the fishes going up, they, the said owners of the mill, shall make or cause to be made a free, full, and sufficient passage for the going up of the said fish, or otherwise, upon the further complaint of the town, the court will take an effectual course that the same shall be done."

The iron-works received the attention of the court at the June session, 1665, after the following fashion : "TO THE CLARKE OF THE IRON-WORKS AT TAUNTON, GREETING:

"These are to acquaint you that the Court requires you to signify unto the owners that are partners in the iron-works at Taunton, that whereas there is great complaint of bad iron made there, that the Court requires them to take course with the workmen that henceforth the iron that shall be made there be good and merchantable, that so the country be no more wronged on that behalf.

" The Court's order per me,

" NATH. MORTON, Clarke."

Iron was used as a medium of exchange and for the payment of debts and public rates to a consider- able extent, which will explain another order of court passed in 1677, as follows :

" The constables of Taunton, now in being, are required by the Court, that when a parcel of iron shall be attached by them for the defraying the rate for the soldiers' wages, that they require Ensigne Thomas Leonard, or James Leonard, to draw it forth into merchantable bars."

In July, 1667, the court allowed the sum of ten pounds towards the building of a bridge over Taun- ton River. The locality of the bridge was not indi- cated. The general training for that year was ap- pointed to be at Taunton on Wednesday in the second week of October.

The following appears in the records of the court, June, 1669 :

" In reference unto a gift pretended to be given by Philip, the sachem unto James Leonard, sen , the court have granted that in case he do produce a deed of gift from the said sachem for the said land, under his hand and seal, at the Court to be holden at Plymouth the first Tuesday in July next, that then he shall have fourscore or a hundred acres of it."

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In July the court refer to the matter again in nearly the same terms, granting his request "for a small neck of land," provided he can procure a deed from Philip, and that it prejudice no former grant.

The manufacture of tar was an industry of consid- erable importance in the colony, and in 1670 the court took measures to prevent its indiscriminate sale to persons outside the jurisdiction, by providing that for the term of two years it should be sold to such within the colony as would agree to give eight shil- lings in money for every small barrel, and twelve shillings for every great barrel. A number of men contracted to buy all the tar made in the colony at the above price, the same to be delivered at the water-side in each town in good merchantable casks, and the towns were divided among them. Edward Gray and William Clarke took for their share Ply- mouth and all the western towns of the colony, " John Cobb's, of Taunton, being the place of deliv- ery of what tar shall be made within the liberties thereof." The court charged and required all coopers to see that the casks they made were sufficiently good and tight, and the casks were not to be less than would contain sixteen gallons, beer measure.

William Witherell and Samuel Smith were ap- pointed in 1671 a committee for Taunton, to see to

the gathering in of the minister's maintenance, the fficulty between them. The matter had been referred same to be paid "satisfactorily and seasonably both for time and specie."

At the same court, June, 1671, action was taken to prevent excessive drinking of liquors in ordinaries or taverns, showing that the regulation of such places was a troublesome problem then as it is now. The action of the court is worth quoting :

" For the prevention of abuse by the excessive drinking of liquors in ordinaries, this court doth order, that every ordinary-keeper in this gov- ernment shall be hereby empowered and required that in case any per- son or persons do not attend order, but carry themselves uncivilly by being importunately desirous of drink when denied, and do not leave the house when required, such ordinary-keeper shall return their names to the next court, that so they may be prosecuted according to the nature of the offence, and in case any ordinary-keeper shall neglect so to do he shall be fined five shillings for every default. It is further ordered by this court, that some two or three men be appointed in every town of this jurisdiction to have the inspection of the ordinaries, or in any other places suspected, to take notice of such abuses as may arise in reference to the premises, or otherwise, and make report thereof to the court."

Men were thereupon appointed for the purpose in each town, James Walker, Aaron Knapp, and John Dean being named for Taunton.

"Speaking evil of dignities" was narrowly watched and summarily punished, as the following examples will show : June, 1671, "Nathaniel Woo Iward, for speaking abusive words against Mr. Shove, the pastor of the church of Taunton, was sentenced by the court to sit in the stocks during the pleasure of the court, which accordingly was performed." March, 1672, " Richard Godfrey, of Taunton, being presented for speaking opprobriously of some in place in the town of Taunton, was sentenced by the court to sit in the

stocks at Taunton on a training day, so as it exceed not two hours." If similar acts received a like pun- ishment now there would be a scarcity of lumber and a fearful multiplicity of courts.

Frequent complaints were made to the court by the Indians of damage done to their corn by the horses and swine of the English, of which the court took commendable notice, punishing the owners of the animals by fines, and ordering them to make restitu- tion. In 1671 committees were appointed in the several towns to view the damage thus done. John Hathaway, Edward Babbitt, and James Phillips were the Taunton committee.

A controversy of long standing between William Hailstone and James Walker was referred to the court in July, 1672, for final direction and settle- ment. The trouble arose concerning the suit of Jonathan Briggs against Hailstone, already men- tioned. Hailstone had petitioned the court for a re- view of that action, and his petition was granted, but he failed to prosecute his review, and was ac- cused of falsifying in several particulars in his peti- tion. The court had taken up these accusations, whether upon the complaint of Walker or not does not appear, but it seems Walker had made or repeated the accusations, and this was the occasion of the dif-

to the arbitration of Mr. John Wiswall, Mr. Richard Callicott, and Capt. James Johnson, and their award was now brought to the attention of the court, who directed "that forasmuch as that it appears, upon ex- amination, that the said James Walker hath not per- formed the latter part of the said arbitration, viz., to repair the said Hailstone his reputation in the church . . . the court do therefore order that he shall pay, or cause to be paid, unto the said Hailstone the sum of five pounds, in either good, merchantable pork, or good bar iron, betwixt this date and the fifteenth day of October next, at price then current; and whereas the said James Walker did openly and unadvisedly, on a Lord's day, accuse the said William Hailstone of telling several palpable lies, and founded upon a lie, whereby the said Hailstone was much scandal- ized, this Court doth hereby advise the said James Walker publicly to acknowledge the wrong he hath done him, in the meeting, on the Lord's day, in the congregation ; and this our award and joint deter- mination to be a full and final issue of all such differ- ences and controversies as relate unto the premises."

Ensign Leonard and John Tisdale, Sr., were ap- pointed by the court in October, 1672, as a committee for Taunton, to see to the execution of the orders of court prohibiting the transporting of planks, boards, bolts, or bark out of the government, the order bear- ing date June, 1672.

October, 1674, " An order was directed from this Court to require several persons who have come into the colony without the approbation of the governor and two magistrates, contrary to order, living at

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Taunton and down Taunton River, to depart the government betwixt this date and the 28th of Feb- ruary next, or to make their personal appearance at the Court of his majesty the first Tuesday in March next, to answer their neglect or contempt of the said order."

October, 1678, again, “ Whereas complaint is made by some of Taunton that one Samuel Chivericke is come into their town disorderly, and continueth there contrary to the mind of the townsmen, these are therefore to require the said Chivericke either speed- ily to procure their approbation to stay there, or otherwise forthwith to depart the said town."

At the above court, James Walker, James Wilbore, and Encrease Robinson were appointed " to take no- tice of such 'liquors as are brought in disorderly into the town of Taunton, and to make seizure thereof according to order." Truly the seizure clauses in our present liquor laws can claim a respectable antiquity.

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History of Bristol County, Massachusetts, with biographical sketches of many of its pioneers and prominent men, Part 180

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