History of Bristol County, Massachusetts, with biographical sketches of many of its pioneers and prominent men, Part 181

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

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Provision was made at this court in the following terms for the widow of Lieut. Wyatt, who was found dead in his field, July, 1664, as related in another place : " Whereas it doth appear to the Court, that Mistress Mary Wyatt, of Taunton, widow, is in great necessity and a very low condition, in want of main- tenance, notwithstanding the estate of her deceased husband came by her, these are to give liberty, and appoint and authorize Mr. James Walker, William Harvey, sen. and Walter Dean, or any two of them, to lease out some of the lands or meadows of the said Leiftenant Wyatt, and the pay or benefit arising thereby shall be improved for the relief of the said widow, Mary Wyatt."

At the June court, 1680, notice was taken of a complaint made by the selectmen of Barnstable

" that one Ephraim Phillips, an idle, extravagant man, and Marey, his pretended wife, are lately come into Barnstable without their consent, from Taunton, where they lately for some year or years have had their residence, and notwithstanding the selectmen warning them not there to abide, but to depart out of the said town, they have refused, or quickly returned again after their departure out of the said town, in- tending there to reside, whereby they are likely to be charged, and otherwise annoyed and damnified; and whereas the selectmen have, ac- cording to order of Court in that case provided, made their application to this Court for redress, these are therefore in his majesty's name to will and require you presently on receipt hereof, to attach the said Ephraim Phillips, and Marey, his wife, and them to carry or convey to the constable or selectmen of the town of Taunton, who are hereby in his said majesty's name required to receive them, and there suffer them to abide until the Court shall otherwise order."

The oyster fishery was attended to in this wise at the July court :

" This Court doth order, that all such as are not of our colony be hereby prohibited of fetching oysters from Taunton River with boats or any other vessels ; and in case any such shall persist on in so doing after warning given to the contrary, this Court doth order John Ilathway, of Taunton, and do hereby empower him to make seizure of such boats and vessels for the colony's use."

At the same court an order was sent to Philip Pointing, of Taunton, as follows :

" These may certify unto you, Phillip Pointing, that you are not to prohibit or obstruct John Hathway, of Taunton, in his egress and re- gress in the way from a farm that was formerly Mr. Street's, and from thence to the town of Taunton."

John Hathway, above named, was in September following " sworn constable of the neighborhood or ward of the Fall River and places adjacent," and John Read, of Taunton, was ordered by the court to appear at the next court to take the oath of a grand juryman for the same precincts.

A lengthy pauper case was begun in October, 1680, concerning the settlement of John Harmon, described as " a decrepit man who came from Taun- ton unto this Court, concerning whom debate hath been had before the Court by several of the town of Taunton, and several of the town of Plymouth, unto which place of the two he should belong," and the court ordered that he should remain at Plymouth until the next June court, one-half of the charge to be paid by Taunton to Plymouth, according to the engagement of John Richmond, their agent, and the court would then make a final determination. Sub- sequently the sum fixed for each town to pay to one Robert Rawson for his support was three shillings a week. At the July court, 1682, the town of Dart- mouth was notified to send an agent to the court, with other towns where the said Harmon had of late been residing, that their allegations might be considered pro and con ; but it was made to appear that he had for a considerable time immediately before the war been in Dartmouth, whereby he seemed as probably to belong to that town as to any other, and the court therefore ordered Dartmouth to keep him until the October court. In July, 1683, the final order was made that Plymouth should maintain him until their year was expired, and then Taunton to take him for a year, and so they were to entertain him alternately a year at a time, until it should be found just and equal that some other town should bear a part therein. No more sharply contested suits are tried in our courts at the present time than those between towns as to the support of paupers. The method of dividing the responsibility, in doubtful cases, be- tween two or more towns, however, is no longer practiced.

In 1683 the profits of the Cape fishery were divided among several towns for the benefit of the schools as follows: "To Barnstable scoole, twelve pound; to Duxburrow scoole, eight pound ; to Rehoboth scoole, five pound ; to Taunton scoole, three pound ; and two pound to Mr. Daniel Smith." Mr. Smith was of Re- hoboth, and was for many years one of the Governor's assistants, as also several times chosen one of the com- missioners of the United Colonies.

At the court in July, 1685, Moses Knapp, of Taun- ton, appeared and gave bonds to appear at the October court, to make further answer unto such particulars as should be inquired of or laid to his charge con- cerning the death of Richard Stephens, Jr., of Taun- ton. At the October court this is the record :

" Moses Knapp, of Taunton, being found guilty of the death of Rich- ard Stephens, by misadventure, by the grand jury of our sovereign lord the King for this colony, he, the said Knapp, owning the same and re-

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ferring himself to the Court, the Court, considering it was casual, and he cleared by the party before his death, and no relation appearing against him, do therefore admonish the said Knapp and dismiss him."

It has been mentioned that Richard Panl was li- censed in 1640 to keep a victualing-house at Taunton. That included the privilege of selling liquors under the strict regulations imposed by the law. In June, 1644, it is recorded, " William Parker is licensed to draw wine at Taunton."

In August, 1663, " liberty is granted unto Thomas Leonard, of Taunton, sen'r, to sell strong liquors and wine in the said town betwixt this date and the Court to be holden at Plymouth in June next, and that he observe the orders of Court as are extant about selling liquors and wine, and that he keep good order in his house with them to whom he sells any." The follow- ing March the court, "understanding that James Leonard, of Taunton, having buried his wife, and in that respect not being so capable of keeping a publick house, there being also another ordinary in the town, do call in the said Leonard his license."

In March, 1677, Edward Rew was granted a license to keep an ordinary at Taunton, and it was enjoined upon him "that he keep good orders in his house, that so no abuse be suffered by him on that account." July following, Nicholas White, of Taunton, was fined thirty pounds for selling liquor to the Indians several times contrary to law.

In June, 1679, James Walker was licensed to keep an ordinary at Taunton, with the usual injunction to keep good order and suffer no damage to be done. Edward Rew had died the previous year leaving a widow, whom Walker had married, he having lost his wife about that time.

In June, 1685, we find it recorded, " The court hath granted liberty to Sergt. William Witherell, of Taun- ton, to retail cider, beer, and strong liquors," and in October following " the court have granted liberty to Thomas Leonard and Shadrach Wilbore, both of Taunton, to sell strong liquors by the gallon, so that they are careful not to sell to such as will abuse the same." In the proprietors' records, under date of Dee. 13, 1669, "Thomas Harvey, of the ordinary," is spoken of. It is probable that others not mentioned in the records sought and obtained what seems to have been regarded as the valuable privilege of " keeping tavern" and selling liquor. The license-fee fixed for retailers in Taunton in 1669 was two pounds.

The territory of the colony was infested with wolves in the early days to such an extent that vigorous measures were taken by the General Court and the towns for their extermination. As early as 1642 it was enacted by the court that all the towns within the government should make wolf-traps, and bait them, and look to them daily under penalty of ten shillings for every trap that should be neglected. The number required to be made by the several towns was, for Plymouth, five ; for Duxburrow, five ; for Scituate, four; for Sandwich, three; for Taunton, two; for

Yarmouth, three; for Barnstable, three; for Mans- field, two. In 1665 two wolf-traps were required in each town under a penalty of five pounds for neglect therein. Bounties were offered for trapping and kill- ing wolves. Five bushels of corn for every wolf killed were at one time allowed, and to an Indian half a pound of powder and two pounds of shot. Afterwards a coat of trading cloth was given to every Indian killing a wolf, and fifteen shillings a head to the English. In the lay-out of lands by the pro- prietors the wolf-traps are often mentioned to fix a boundary or locality.

A few names of such as claimed the bounties for killing wolves are given in the Colonial Records. It may interest our modern sportsmen to know who some of the ancient Taunton wolf-hunters wore. In 1690 the account for Taunton was,-

Henry Hodges, of Taunton, one; Joseph Leonard, of Taunton, killed by an Indian, one; Richard Steph- ens, of Taunton, one; Thomas Briggs, Sr., of Taun- ton, one.

In 1691 the following was the list : Daniel Briggs, one; Thomas Briggs, one; Mr. Giles Gilbert, one ; Thomas Briggs, Sr., one; Richard Stephens, four ; Joseph White, two.

No more important local office was created by the General Court than that of selectman. It is not quite certain when the first law relating to the office was passed. In 1658 it was enacted by the court that one or two of the selectmen whom the court should ap- point in each township, be empowered to administer an oath in all cases committed to them, and to grant executions for the collection of judgments, and that they should be under oath. In certain action taken by the court, in 1653, relating to Thomas Brayman, of Taunton, already referred to, "such of the town of Taunton who are deputed by the said town to order the especial affairs thereof" are mentioned. Again, in 1657, the five selectmen are referred to by name. It does not appear that any law was passed requiring the towns to choose selectmen until 1662. In vol. ii. of Plymouth Colony Records, which is a volume of laws, the date of this law is given as 1665. It is not until 1666 that lists of the selectmen for the several towns are given in the above-named records, but front that time forward they are given regularly. The first section of the law is as follows :

"It is enacted by the court, that in every town in this jurisdiction there be three or five selectinen chosen by the townsmen out of the freemen, such as shall be approved by the court, for the better manag- ing of the affairs of the respective townships, and that the selectmen in every town or the major part of them, are hereby empowered to hear and determine all debts and differences arising between person and per- son within their respective townships not exceeding forty shillings; as also they are hereby empowered to hear and determine all differences arising betwixt any Indians and the English of their respective town- ships about damage done in corn by the cows, swine, or any other beasts belonging to the inhabitants of the said respective townships, and the determination of the abovesaid differences not being satisfied as was agreed, the party wronged to repair to some magistrate for a warrant to receive such award by distraint."

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By another section they were authorized to issue summonses to persons complained of and to summon witnesses.

It is not quite accurate to say that this law created the office of selectman. It was rather recognizing a very useful class of officers already existing in the towns, giving them the sanction of the general law and clothing them with broader and more compre- hensive powers. In 1647, " the seven men chosen by the inhabitants of Taunton aforesaid, to order the affairs of the town for that present year," execute a deed in behalf of the town to Henry Andrews. It is not to be supposed that this was the first year such officers were chosen. The inference is not easily re- sisted that it was the continuation of that useful body of prudential officers spoken of in an order of the General Court, given on a previous page, as "those seven first freemen, men of Taunton, that have under- gone great travel and charges about the attending of the courts, laying out of lands, and other occasions for the town."

The adjoining town of Rehoboth, in 1644, the very first year of their organization as a town, made choice of nine men who were styled townsmen, for the de- ciding of controversies between party and party, the proposing of men's levies to be made and paid, and for the well ordering of the town affairs. In Blake's " Annals of Dorchester," under date of 1633, it is said, "This year the plantation began the practice of choosing men that we now call selectmen or towns- men. They chose twelve this year to order the affairs of the plantation." In the Massachusetts Colonial Records, under date of 1647, selected townsmen are first spoken of. In all these references there can be no doubt that the same class of officers is intended. The creation of such a class of officers seems to have been the spontaneous act of those little democracies called towns. And nothing more strikingly shows the genius for self-government possessed by the early settlers of New England.

At first, and' before they were recognized by the general law, their functions and duties were pruden- tial and administrative. Afterwards their powers and responsibilities were widely extended. The oath of office was as follows: "You shall, according to the measure of wisdom and discretion God hath given you, faithfully and impartially try all such cases be- tween party and. party brought before you, as also give summons respecting your trust according to order of the Court as a Selectman of the Town of

for this present year. So help you God."

Besides the holding of courts for small causes, they were to take notice of such in their townships as should neglect, through profaneness or slothfulness, to come to the public worship of God, and require an account of them ; to see that no single person be suf- fered to live by himself or in any family but such as they should approve of; to have a vigilant eye over their brethren and neighbors ; to see that parents and

masters have their children and servants taught the common branches of education ; to give in the names of such as misspend their time ; to bind out neglected children ; to take notice of all who come into the government without the approbation of the Governor or two assistants, and to make provision for the poor.

To such important, responsible, and delicate duties were George Hall, Richard Williams, Walter Dean, James Walker, and William Harvey called, when, in 1666, they were approved by the General Court as se- lectmen of Taunton. The peculiar nature of these duties suggested the apt name long ago applied to these officers of " fathers of the town."

The law that most nearly affected Taunton as a town was that passed in 1685, dividing the colony into three counties. This law is not to be found in the published volumes of Plymouth Colony Records. It was contained in a revised edition of the colony laws published in 1685, and may now be found in the " Compact Charter and Laws of the Colony of New Plymouth," published in 1836, under authority of a resolve of the Massachusetts Legislature. It is there said that there is no manuscript copy of it existing. Extracts from it are here given.

The first section :

"It is ordered by this Court and the Authority thereof; that there shall be in This Colony three Counties, and that in each County there shall be kept annually two County Courts; which Courts shall be kept by the Magistrates living in the several Counties or by any other Magis- trate that can attend the same, or by such as the General Court shall appoint from time to time, and to make a Court, there shall be present not less than three Magistrates or Associates, and in uo case shall judg- ment be given withont there be two consenting, or the major part of more than four Judges; and in the absence of the Governor or Deputy Governor, the eldest Magistrate shall be President of the Court; which Court shall have, and hereby have power to order the choice of Juries of Grand Inquest and trials in their several Counties, and to constitute Clerks and other needful Officers; the County Treasurer to be appointed and allowed of by said Court annually."

" It is Ordered, That each County Court shall have and hereby have power to Hear, Try and Determine according to Law all matters, Actions, Causes and Complaints, whether Civil or Criminal, in any Case not ex- tending lo Life, Limb or Banishment, or matter of Divorce."

The second clause of the third section :

" It is further Ordered, That Bristol, Taunton, Rehoboth, Dartmouth, Swansey, Little Compton, Free Town, Sowammit, Pocasset, Punkatest, and all such Places, Towns and Villages as are or may be settled on said Lands shall be a County, Bristol the County Town, and the said County shall be called the County of Bristol; In which County shall be kept two County Courts annually at the County Town; one on the third Tuesday in May, and the other on the third Tuesday in November."

Section thirteen :

"That a Magistrate, or any Court shall have Power to determine all such matters of Equity in Cases or Actions that have been under their cognizance as cannot be relieved by the common Law, as the forfeiture of an Obligation, breach of Covenants without great Damage, or the like matlers of apparent Equity."

It was ordered by the General Court " that in the County of Bristol there be three Associates, or county magistrates-one at Taunton, one at Little Compton, and one at Dartmouth." Mr. George Macey, of Taunton, Mr. Joseph Church, of Little Compton, and Capt. Seth Pope, of Dartmouth, were chosen.

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The same number were to be chosen in each of the other counties.

The manner in which the county of Bristol was constituted was very displeasing to Taunton, as is shown by the following vote :

" Taunton ye 28th of May 1689. The town of Taunton by vote elected Capt. Thomas Leonard and Nathaniel Williams Deputies for this Court, and order and improve them to act for ye good of ye Colony in general and for us in this town in particular, and to do their utmost endeavors to get this town free from under ye County of Bristol which the town always have been unwilling to submit unto, and do now unanimously resolve against it for these reasons ;

" 1st We humbly judge that neither Court or Deputies had power to sell us or our privileges to Bristol no more than to sell us to the French without our knowledge or approbation of ye town ;

" 2d That ye County rates have been made upon us with an excess above our due proportion, and more than we apprehend we should have been rated if under ye County of Plymouth ; upon these grounds we judge it behooves us to labor to return to Plymouth again where at first we were."

Whatever endeavors were made by the deputies for the end desired proved of no avail. The next attempt made was to procure some of the courts to be held at Taunton.

" This 11th day of May, 1693, the town hath voted : Whereas we the inhabitants of Taunton judging it to be for ye public benefit of ye prov- ince that at least one of ye Superior Courts, if not some of ye Inferior Courts, be kept at Taunton, it being so much in ye centre of ye colony, and ye greatness of our number, compared with our neighbor towns, do order the selectmen to write a petition to ye next General Court to be held by ye Governor Council and Representatives, that we may have one or more of ye Courts held bere in Taunton."

Most faithfully did the selectmen perform the duty assigned them. The original petition is, fortunately, preserved in the State archives, and is well worth a place here.

"Divers pleas of the seleetmen of Taunton in the behalf of the Town to be presented to such as are willing to know the true grounds why they make claim to the enjoyment of Courts in their Town."

The committee notice first Bristol's principal plea against it, viz .: "Some clause inserted in their deed from our former government that they should be the County town when the County came to be divided into counties. Thereupon they plead they bought the privilege with the soil."

" Ans. They gave not the more price for the soil on account of that privilege and how can a man be said to buy a thing when nothing was to be paid for it."

"2d. The General Court gave no instructions to Gov. Winslow and the other gentlemen employed in that affair to sell or promise that privilege to Bristol."

" The promise of Gov. Winslow and a few more is not like the law of the Medes and Persians."

" Having thus answered Bristol's grand argument it remains to show the equity and conveniency that Taunton do enjoy some if not all the Courts held in this County. .

"Ist. Taunton is the most ancient plantation in the County, and not many in the Province that were planted before it, and by reason of their antiquity Taunton has still looked upon it as their birthright to enjoy Courts among them. And some have observed that estates sellom thrive when the eldest son is deprived of his double portion.

"2d. The inhabitants of Taunton being the first adventurers into such inland place were consequently exposed to many difficulties, as to go on foot to Plymouth or Dorchester to get corn ground into meal, and other hardships too many here to relate. Therefore hoped their hazards and hardships should have been rewarded with such privileges as to have Courts among them in their own Town.

"3d. Were Bristol a populous city or a place of great trade by land or sea, so as to occasion most work for Courts, as was hoped at the first promising settlement, it were reason then that they should be con- sidered ; but seeing it is not so, no reason that the other inhabitants of the County should be burthened to go such long stony journeys for the observance of formalities of law and order. In this case should be con- sidered rather what will be for the case of the major part of the people and not for a handful, no reason the greater part of the people should ride through the centre of the County into the most remote nook in the circumference of it, as they do when they ride to Mount Hope Neck to Court. It would be greater ease to Freetown, Little Compton, and Dart- mouth to come to Court to Taunton than to Bristol, especially consider- ing an ungovernable river betwixt Bristol and them, so that they must pass over two ferries to get thither, and if a storm arise on the Court day morning must ride many miles to head said river before they can get to Bristol, and expect to pay a fine for not coming soon enough.

"4th. It tends to the creating and maintaining good respect in the minds of the people towards their authority and judges when they are spectators of their wise and orderly administration, and puts a blast on those ill reports fomented against their authority, as it is in a manner lost when the most populous places are neglected and not made the theatre of their actions who are their rulers, but they ride into a corner to manage the great affairs of the County. Why should a candle be put under a bushel, and where should a physician be but where there is most need of his applications ?

" Most of the actions and lawsuits arising in any Town of this County (except in Bristol itself) are concerning the titles and bounds of lands, in which cases the most ancient inhabitants are best witnesses, having been present at the hounding of most lands, and whose memories are our best records, through the brokenness of ancient times. These ancient witnesses are too old to travel twenty miles to Court, and the presence of a grave ancient person orally attesting to what he knows and explain- ing his testimony, is of far more advantage to a case than some shat- tered evidence he sends from home in writing.

"6th. Taunton is nearer to Boston than Bristol is by twenty miles at least, which will save so much riding through very bad way for the lion- ored judges of the Circuit in case the Superior Court be removed from Bristol to Taunton.

" Upon these grounds our Town humbly desires that they may enjoy at least one or more of the quarter Sessions and one Superior Court. If they cannot obtain more they hope they shall not be put off with less.

"Subscribed in behalf of town by James Leonard, Henry Leonard, Thomas Dean, Shadrach Wilbore, Peter Walker, Selectmen. "TAUNTON, May 29, 1693."

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History of Bristol County, Massachusetts, with biographical sketches of many of its pioneers and prominent men, Part 181

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