USA > Massachusetts > Bristol County > History of Bristol County, Massachusetts, with biographical sketches of many of its pioneers and prominent men > Part 182
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But this request met with no better fate at the hands of the Legislature of the Massachusetts Prov- ince than the former one at the hands of the Plymouth Court. Taunton had to wait more than fifty years for the advent of a County Court. In 1746 the province Legislature passed an act pro- viding that "from and after the thirteenth day of November, 1746, the town of Taunton shall be and hereby is made and established the connty or shire-town of the county of Bristol." Under this act the first County Court, being the Inferior Court of Common Pleas, was held at Taunton the second Tuesday of December, 1746, being the ninth day of the month. The magistrates present were Seth Wil- liams, George Leonard, and Stephen Paine. Timo- thy Fales was the clerk of the court.
The rates imposed upon the several towns by the court for the payment of public charges affords a basis for judging of their comparative wealth and population. In 1677 the rate of Taunton was £16; that of Scituate, £30 10s .; of Barnstable, £24 5s .; of Sandwich, £22 168 .; of Plymouth, £19; of Yar- mouth and Marshfield, £18 10s. each. The rates of the other towns were less than that of Taunton,
760
HISTORY OF BRISTOL COUNTY, MASSACHUSETTS.
Swansea, the least, being £5. In 1689 the court passed the following, which is of interest as show- ing the value of various kinds of personal and real property :
"October ye 2d, 1689. Ordered by the Court that the selectmen of each town take care forthwith to take a valuation of the estates of each town and village, according to the prices hereafter mentioned, viz. :
€ 8.
d.
Every ox, at.
2
10
0
Every cow
1
10
0
Every steer and heifer of three years old. 1 10
0
Every two year old, at.
1 00
0
Every yearling, at.
() 15 0
Every horse and mare, at.
2 00 0
Every two year old colt, at.
1 00
0
Every yearling colt.
0
10
0
Every swine of a year old and upwards.
0
6
0
Sheep of a year old and upwards by ye score 5
00
0
Land in tillage, every acre.
5
0
Meadow and English pasture, every acre. 0
5
C
Vessels and trading estate, not more than half price.
" Faculties and personal abilities at will and doom ; the like where any neglect or refuse to give in a just account of their ratable estate."
In 1690 a valuation was made as follows :
" Ratable estate of the several towns accepted by the General Court for to proportion the rates for the past and this present year, 1690.
" Bristol County.
€.
" Bristol
1049
Taunton.
2689
Rehoboth
2117
Dartmouth.
2200
Swansea.
1500
Little Compton
2000
Freetown.
249."
It will be seen that the valuation of Taunton was larger than any other town in the county, and more than two and a half times larger than Bristol, which was made the shire-town. Bristol had been incor- porated only five years, Taunton forty-six years. It it no wonder that Taunton felt dissatisfied and wronged by the preference given to Bristol. But Bristol was purchased and settled by Boston gentle- men of considerable prominence, and attracted thither men of wealth and enterprise, who expected to make of it an important seaport. The influence of these men, with their promising expectations, doubtless secured the selection of Bristol for the shire-town.
Thus far the records of Plymouth Colony have fur- nished important materials for this history. They have given a graphic picture not only of the public affairs of the towns but of the social and private life of the inhabitants. Those whose curiosity would seek further to disclose the faults and failings, the frailties even, of their ancestors, may find their curi- osity abundantly gratified in these quaint and out- spoken records. The attempt to restrain and remove by severe and degrading punishments evils of a social and private nature which the greater practical wisdom, or the looser principles of this age, would withdraw from the domain of legislation and the courts, shows how high was our fathers' standard of morality.
The charter of the province of Massachusetts Bay passed the seals Oct. 7, 1691. The last General Court of Plymouth Colony of which there is any record was held July 7, 1691. The greater and more ambi-
tious colony absorbed the less, and the distinctive history of Plymouth Colony was finished.
From the old proprietors' records such extracts will be made as will best serve to illustrate the history and progress of the town. For many years there seem to have been no separate town records kept, but the two were combined and intermingled without reference to order or chronology. The larger part of the ancient town records were consumed in the disastrous fire of 1838, and there is no one now living who can tell how far back they extended as separate records.
Orders concerning dividing of lands.
" Marclı 11, 1642. Imprimis. Whereas there was a rate of two shil- lings for an acre laid upon the inhabitants' home grounds, for the pay- ment of the purchase of the lands of the township to the Indians, and other persons being received since for inhabitants, were not rated there- unto.
" It is therefore ordered that the said latter inhabitants, or others that shall hereafter be received for inhabitants, shall pay for their home lots that shall be granted unto them by the town, the said proportion of two shillings for an acre, and the said money to be kept for a public stock for such uses as shall be requisite for the use of the plantation."
"Nov. 28, 1653. At an orderly town-meeting warned by the constable it is acted and voted that there shall be a general division of land to every inch, and to whom right of division do belong.
" 2d. It is agreed that the rule for dividing of land shall be by lots, head-, and estates, according to the last rate made, which was a rate of eight pounds made for public charges, to country charges upon every inhabitant by the raters that made that rate, and in the division three acres to be laid to a lead, and three acres to every shilling that is charged in that rate contained in this order, and three acres to the house or home lot, and those that are single men to be looked upon as two heads. This said agreement was changed, February 20th, to be one-half portion in the division."
" Feb. 20, 1653-54. It is voted and granted 'that such as possess the lands that those that removed from the plantation, or have been received since, shall have their division that doth belong to their lots only, their persons and estates being departed hence, which said division to a six- acre lot appertains two acres and a half and twenty-six pole.
"It is agreed concerning other inhabitants that have not had divi- sions shall have (right) to future divisions in the lands yet undivided, provided they pay their twelve shillings apiece to public use, as former inhabitants have done, according to town agreement in that case.
" The names of those inhabitants within the township of Taunton, who are to have their division of land now agreed upon, Dec. 28, 1659, whose proportion is to be according to the rate here following, together with the quantity of land, lots, and heads, at two acres to the head, two acres to the shilling, and two acres to the lot."
-The Lots are Alike-
The Rate. £
8.
d.
Heads.
Acres.
Msris Winnefred Gilbert.
1
10
6
3
...
James Walker
1
5
7
S
96
Jolıu Tisdill.
1
10
9
82
Richard Burt
18
4
46
James Burt.
12
6
38
Francis Smith
1
7
4
6
61
Msrs Jane Gilbert
9
7
55
Francis Street
G
7
5
25
John Briant
19
Christopher Thrasher
5
2
26
John llathaway.
10
7
7
37
Jonah Austin, Sr.
19
11
46
William Parker
15
3
36
James Phillips ..
13
4
31
Peter Pitts ...
1
William Haylston
5
4
2
17
Thomas Lincoln, Jr.
14
8
43
Edward Babbit.
10
8
29
James Wiatt ..
1
8
11
64
George Macey.
18
3
52
William Withrell
7
10
5
28
William Harvey ..
14
44
Thomas Lincoln, Sr.
2
Capt. Poole
1
2
3
62
John Macomber.
7
4
24
Edward Rew.
7
14
7
Samuel Howard
4
4
9
...
8 8423 3
20
Joseph Wilbere.
..
...
4 276427575 7 7 6 6
32
Aaron Knap.
7
3
94
...
6
55
10
...
9
O
37
0
-
TAUNTON.
The Rate.
€
8.
d.
Heads.
Acres.
Thomas Caswell
11
3
42
Widow Woody
5
..
12
33
Robert Crossman.
9
8
7
33
John Cobb.
12
2
30
Henry Andrews
18
c:
3
44
John Deane.
1
8
10
S
4.4
Hezekiah Hoar
12
1
5
36
Anthony Slocum
19
4
G
George Hall
15
7
86
Richard Williams
13
G
10
91
Thomas Jones
4
3
3
1616
Robert Thornton
3
10
10
William. Shepard
5
...
10
32
James Leonard
18
10
58
Nathaniel Woodward.
2
...
G
Timothy Holloway
...
" Jan. 5, 1659. It was agreed by a free vote of the town that all orphans or fatherless children shall have their rights in all divisions of lands which are due unto them according to proportion."
" Nov. 11, 1662. It was voted by the town that none but those that are real purchasers shall be rated to the rate which is to be made to defray the charge which the purchasers are liable to pay for the measuring or laying out of the town bounds."
" Nov. 11, 1662. It was agreed by the purchasers of the town, and fully voted in a public town-meeting, that the charges of the laying-out of the town bounds shall be levied upon every purchase lot equally alike."
" Dec. 9, 1662. It was voted by the town that the former act of divid- ing of lands by heads and estates shall be of no force for the future."
The first meeting-house was built by Henry An- drews, at what date is not known, but in 1647 the town by their committee conveyed to him in pay- ment thereof the calf pasture granted to the town in 1646.
A copy of the deed is here given :
" BRADFORD GOV'R.
" This indenture following was recorded by order from the Court :
" This Indenture made the eleventh day of the second month in the year of our Lord 1647 between the inhabitants of Taunton in the colony of New Plymouth in New England of the one part; and Henry Andrews inhabitant of the said plantation of Tannton within the colony of New Plymouth in New England of the other part, witnesseth that whereas there was a certain parcel of land or neck of land appertaining unto the inhabitants of Tannton aforesaid called by the inhabitants their calves pasture, That this said parcel or neck of land, it lying and being bounded by the Great River from the land of Richard Williams inhabitant of Taunton heading it the said neck at the upper bounds thereof, and the land of George Hall, inhabitant of Taunton heading it the lower bounds thereof or near unto it, This parcel or neck of land with its appurte- nances is granted and sold by the inhabitants of Taunton aforesaid unto him the aforesaid Henry Andrews and his heirs and executors or assigns, To have and to hold forever in lieu of a meeting house built by him the aforesaid Henry Andrews for the inhabitants of Taunton aforesaid for their full satisfaction for the said neck of land, and for his peaccable and firm enjoyment thereof by him the said Henry Andrews or his as- signs or any or every of them, it is further promised by the inhabitants aforesaid that all such manner of persons as have been heretofore inhabi- tants resident within this plantation of Taunton them or their heirs or assigns ever shall challenge or demand any part or portion in the afore- said neck of land, shall be either satisfied for their part of the charge be-towed thereon by the town in fencing, thereof to make it a satisfac- tion or else be satisfied in land in some other place. As also it is by these presents witnessed and promised by the inhabitants aforesaid, that this said parcel or neck of land shall not be rated by the town aforesaid : and for the better confirmation of this deed have the seven men chosen by the inhabitants of Taunton aforesaid to order the affairs of the town for that present year, have set to their hands for the day and year first above written.
" JOILY STRONG. "OLIVER PURCHIS.
" WALTER DEANE.
" RICHARD WILLIAMS.
"EDWARD CASE."
Further votes and orders of the town are as fol- lows :
"Ang. 12, 1661. The five men to lay out on the neck of land on the great river next the land of Jonah Austin, a tract of the town's land for the landing of hay."
"Dec. 9, 1662. Voted that all lands that are yet undivided belonging to the town shall for future time be divided by way of purchase.
53 " Former act of dividing lands by heads and estates canceled."
." March 22, 1662. It is voted and granted that such of our neighbors as are willing to build and erect a cart bridge at the neck of land shall have free liberty to build the said bridge at the neck of land, provided that the said bridge bo of such a height as ordinary carriage of hay may pass under, or boats pass under when they lower their masts."
" March 22, 1668. At a town-meeting it is voted and agreed upon by the town for the making a rate of six pounds for the building of a horse bridge over the Three-Mile River at the old place in the old roadway to Rehoboth."
" Jan. 10, 1669. It is voted and agreed upon by the town, and these ten men following are chosen to draw a list of the purchasers or free in- habitants here in town as followeth : James Walker, William Harvey, Richard Williams, Walter Dean, Lieut. Macey, Ensign Leonard, Aron Knapp, John Hall, Joseph Wilbore, John Richmond.
" 2d. That an exact list be taken of the names of all such inhabitants amongst us that have right in division of lands, that so these and none but these may vote about the disposing of lands; and also that a list be taken of all the rest of the inhabitants, to the intent that we may know who are by Court order allowed to vote in town-meeting, and who not.
"3d. And in the beginning of each town-meeting the list of all the free inhabitants or purchasers shall be called over, and if sixteen of them with the Clerk do appear at the time and place appointed, it sball be lawful for them to proceed to the enacting of such things as for which the town-meeting was appointed, but not to distribute our lands although it be due, except sixteen of the purchasers appear."
"Jan. 8, 1674. It is voted and agreed by the town that the committee chosen formerly the 10th January, 1669, them or the major part of them shall have full power to draw up a list of the purchasers or proprietors of this town, and how lands shall be settled and confirmed to the pur- chasers or proprietors so that the town may be freed from future dan- age, and also no man barred of his just right, and whatsoever this com- mittee, or the major part of them, shall agree upon or do in or about the premises shall stand firm and good."
Another committee composed of seven persons, five of whom were members of the first committee, was appointed Jan. 21, 1678, with very much the same powers and duties imposed upon the former one. They were, in addition, to rectify their supposed lost grants and town orders. The reports of both com- mittees were presented to the town and accepted on the same date, and seem to have been considered as constituting together a complete body of orders for the guidance of the town. They are here given :
" To our beloved' brethren and neighbors, the Inhabitants of the town of Taunton, in the government of New Plymouth :
"The committee chosen by the said town for to ratify town orders and grants, and to bring them into a formal body so that they may stand in force, and also to determine how lands shall be recorded that they may be confirmed, both to ourselves and to our posterity.
" The committee wisheth grace, mercy, and peace in our Lord Jesus Christ.
" Amongst the many mercies that we enjoy here in this wilderness this ought to be accounted none of the least that we enjoy such rulers chosen from amongst omselves (in the Commonwealth) and live under such Government, by means whereof, we as well as the rest of the towns in this Government, enjoy liberty and power to make such town orders from time to time as we shall find needful for the ordering and man- aging our prudential affairs and the maintaining the worship of God amongst us, Provided that no town order do infringe or be repugnant to any order of our Government, and considering that God is a God of order and not of confusion, and that he hath in some measure put ns into a capacity to observe and be guided by good and wholesome orders, it hath been looked upon as great pity and neglect that our town orders
Walter Deane ..
13
1
8
17
Shadrach Wilbore.
..
761
762
HISTORY OF BRISTOL COUNTY, MASSACHUSETTS.
have not before now been brought into a formal body, distinct from the records of our lands, which our town having well considered and chosen us to do such a needful work. Although we are sensible of our own weakness and of the many difficulties in the work, yet considering the great necessity that something of this nature ought to be done and that the records of our lands may not lie in a confused manner, we have through much difficulty revised, collected, and formed this following body of town orders, reduced into chapters, as may be seen in this book, let the reader take notice, that first after this epistle he hath our orders from the town inserted, and next after that some instructions for those that have lands to be recorded, and then the preface that is before the list of purchasers or proprietors, and then the said list, and nextly there followeth the several chapters of town orders. It hath been our en- deavor to compose and form the several orders in this book as they may most conduce to general utility and profit, yet several of these orders, intended for the present convenience, may probably be hereafter altered, and as need requireth other orders added, suitable to such alternate changes as is usual in affairs. Respecting town and commonwealth af- fairs, probably it may be that weakness may appear in what we here present to your view, for want of such able instruments as others are furnished withall; however, our desires are that you will be pleased to accept of what we, according to the utmost of our powers, have done. Endeavouring to promote the general good of this place, and that you would serionsly consider that if such a work as this is of so great im- portance to us at such a time as this is should be retarded and hindered, what would be the event thereof. Therefore, hoping there will be com- fortable concurrence and closure with us in this work considering we aim at the peace and tranquillity both of the present and rising genera- tions, we rest your friends and neighbors,
" WALTER DEANE. " JAMES WALKER. " THOMAS LEONARD. " JOHN RICHMOND. " WILLIAM WITHEREL."
" At the Court of General Sessions of the Peace held at Bristol for the County of Bristol on the second Tuesday in October in the year 1702, Thomas Leonard and John Richmond, two of the committee whose names are set to the above written epistle, made oath in said court that the above written epistle and what said epistle doth refer the reader unto, and all contained in the first thirteen chapters in this book (which chapters do end in the twenty-sixth page) was all entered in this book by order of said committee before the twenty-fifth day of May in the year sixteen hundred and eighty (except something in the second chap- ter and something in the sixth chapter both which may plainly appear by their dates to have been entered since said twenty-fifth of May) and on said twenty-fifth of May sixteen hundred and eighty this above written epistle and that was entered before as above said, was read to the town in a public town-meeting in Taunton, and the town then de- clared by vote their acceptance of what said committee had done as above which is agreeable to the said town's vote which is entered in the third page in this book.
" Sworn in Court October 14, 1702. " Attest JOHN CARY, Clerk."
"Jan. 21, 1678. A committee chosen are these men following : Wil- lian Harvey, Walter Deane, Samuel Smith, John Richmond, James Walker, Thomas Leonard, William Withrell.
"Jan. 21, 1678. It is voted and agreed upon by the town that the committee of seven men above named, the town hath chosen them for the laying out what commons shall perpetually remain commons, both for pasture and wood, for the conveniency and supply of the whole town, the first clause, of the vote respecting the commons is to be brought to the town and confirmed by the major part of them, and also to take the best care they can for the settling and confirming our lands one to another, both to ourselves and toour posterity. And also to see to the amending or rectifying of our supposed lost grants and town orders, and to bring them into a formal body to stand in force ; and this com- mittee have full power to procure what help is needful for the pursu- ing the work, if they see need, and what the committee shall do shall stand firm and good, and this work shall be finished to the best of their understanding, and brought to the town in a year's time after the date hereof."
"Dec. 1, 1679. The town hath voted and agreed that whereas the town chose a committee. 21st Jannary, 1678, of seven men, and they were to finish their work there appointed in a year's time after that date; now the town hath agreed that this committee, or the major part of them,
shall have power to go forward with their work there appointed, and to finish it by the last day of May next ensuing the date hereof."
" Whereas, By the providence of God, in the year 1638, and the year 1639, it pleased God to bring the most part of us, the first purchasers of Taunton, over the great ocean into this wilderness from our dear and native land, and after some small time here we found this place, called by the natives of the land Cohanack, in the colony of New Plymouth, and of the court of said colony we obtained grants of tracts of land for a plantation or township, as by the records of said court it may and doth appear, and then we also made purchase and bought the said tracts of land for our money of the right proprietors and owners, the Indians' sachem or princes of that part of the country, as by deed under their hands it may appear, and in honor and love to our dear and native country we called this place Taunton, and owning it a great mercy of God to bring us to this place, and settling of us on lands of our own, bought with our money, in peace in the midst of the heathen, for a possession for ourselves, and for our posterity after us, do mutually agree and fully determine, as an undeniable order of this town, without any evasion whatsoever, that all lands that is or shall be granted to any per- son or persons, whether under the denomination of a purchaser or free inhabitant orderly received into this town, shall be to the grantees and their heirs and assigns forever, in a good perfect estate of inheritance in fee simple, and that all titles of our lands within this township, so to stand in and the tenure to the grantees, and so to descend to their survivors as aforesaid.
" Whereas, It is the expectation of this town that we, the said com- mittee, should do something that our lands may be confirmed both to ourselves and to our posterity, the town having empowered us so to do, we do therefore agree and determine, in the behalf of the town, that all persons enjoying lands, either upland or swamp or meadow within this township, when they would record such land they shall bring a fair copy of all such lands, both upland, meadow, and swamp, unto the selectmen's meeting, mentioning in the copy the bounds or quantity, or hoth, of each parcel, and how they possess' it, whether by purchase from particular persons, or by gift or grant from the town, and if by grant from the town, that they mention upon what purchase right and what division, if it may be, mentioning also what they have sold, and to whom, and then if the selectmen, or the major part of them, do approve of the copy and set their hands thereunto, the town clerk shall record all such lands in the town book of records, overwriting the record thereof thus as followeth :
" The records of the lands both uplands meadow lands and swampy lands of such a person, naming of him, both of what was granted him by the town, and what he bought of particular persons, and also what he hath sold, all and every parcel thereof, to be held to the grantee, his heirs, successors, and assigns forever, according to the tenor of our Charter or Patent."
" The Preface to the list of Purchasers or Proprietors.
" Whereas the General Court held at Plymouth, in July the 10th, 1669, made an act for quieting men's estates, avoiding snits in law, as may appear in the printed law-book, chap. 10, page 35; and whereas it is en- acted by the Court that all grants of lands shall be held to the grantees their heirs, successors, and assigns forever, according to the most free tenor of East Greenwich, in the County of Kent, in the Realm of Eng- land, granted to us in our Charter or Patent, and our inheritances to de- fend according to the tenor thereof, as appears chap. 10th, page 34.
" And whereas the Court formerly gave power to seven men, of the ancient inhabitants of this town, to receive inhabitants and to dispose of lands to them, for the better carrying on of the public affairs, and main- taining the worship of God amongst us, but several of those persons so received into this town, did afterwards leave and forsake the town, whereupon it was the practice of the town to divide lands (viz. such lands as such persons which left the town should have had, if they had not left the town nor alienated their rights) to such inhabitants as enjoy the purchase lots (so called) of those that left the town, except the pur- chase-lot, and the purchase rights to divisions were separated, and then, in such a case the town did divide lands to those that did hold the pur- chase rights to divisions, but the town not having kept an exact list of those admitted to be purchasers, nor any exact record of their manner of settling lands upon persons, therefore for the preventing future tron- ble and inconveniences the town chose a committee, Jan. 10, 1669, to draw a list of the purchasers, or free inhabitants here in town ; the town likewise voted and agreed, Jan. 18, 1674, that the same committee shall have full power (or the major part of them) to draw up a list of the pur- chasers or proprietors of this town, and how lands shall be settled and confirmed to the purchasers or proprietors, so that the town may be freed from future damage, and also no man barred of his just right, and
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