USA > Massachusetts > Bristol County > History of Bristol County, Massachusetts, with biographical sketches of many of its pioneers and prominent men > Part 183
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763
TAUNTON.
whatsoever this committee, or the major part of them, shall agree upon or do, in or about the premises, shall stand firm and good; we therefore whose names are underwritten, being the major part of said committee, do agree and conclude that lands shall be recorded unto, confirmed, and settled upon such persons, unto whom the town hath already granted or divided lands by virtue of their enjoying either purchase lots or pur- chase rights to divisions, whose names are on the list which we have drawn, notwithstanding it is not hereby intended to deprive any person (that removed hence) of his rights, but he shall have free liberty to de- mand and recover (according to the aforementioned law) his rights of any such person or persons to whom the town divided lands, by virtue of his possessing the purchase lot or purchase rights of any such ancient inhabitant, who was formerly accepted under the notion of a purchaser.
" JAMES WALKER. " JOHN RICHMOND.
" THOMAS LEONARD.
" JOSEPH WILBORE.
" JOHN HALL.
" RICHARD WILLIAMS. " WALTER DEANE."
" This 25th of May, 1680. The town hath voted that they accept of what the committee hath done; by the committee is to be understood those that did this day present what they had caused to be entered on the Town book of Town Orders, concerning settling of our lands and town orders.
"A list of the names of the present purchasers or proprietors of the Town of Taunton unto whom the town hath already granted or divided lands, by virtue of their enjoying either purchase lots or purchase rights to divisions of land, as followeth :
" Richard Williams on his own rights, & on that which was Henry Uxley's, & on that which was Anthony Slocum's, and that which was John Gingil's.
"John Hall and Samuel Hall on their two rights which were Joseph Wilson's and Benjamin Wilson's.
"Joseph Hall on the rights that was his father's.
"Captain William Poole's heirs on his rights.
" Lieutenant George Macey on his own rights and on that which was Mr. Bishop's.
" William Harvey on his own rights.
" Edward Rew on the rights that was William Coy's.
" Hezekiah Hear on his own rights.
" Walter Deane on his own rights.
" John Deane on his father's rights.
"Henry Andrews on his father's rights.
"Increase Robinson on the rights that was Thomas Cook's.
"John Cobb on the rights that was John Smith's.
"Mr. Thomas Farwell's heirs on his rights.
" Shadrach Wilbore on the rights that was Edward Case's.
" Thomas Caswell on the rights that was John Kingslow's.
"James Leonard, Junior, on the rights that was Richard Paull's.
"Joseph Wilbore on the rights that was Richard Smith's.
"John Smith, Senior, on half the rights that was Mr. John Gilbert's.
" James Phillips on the rights that was his father's.
"John Richmond on the rights that was his father's & on the rights that was Mr. Francis Doubtyes (Doughty).
"Jonah Austin, Senior, on the right that was William Holloway's.
"Jonah Austin, Junior, on the half purchase rights of the widow Randil's.
" William Witherell on his own rights, & that which was Mr. "Dunn's.
"John Bryant on the rights which was his father's and that which was William Scadding's.
" Mary Streete on the rights that was her father's.
"Joseph Willis on the rights that was Hugh Rossiter's.
" Eleazer Gilbert on the rights of John Gilbert.
" Thomas Gilbert on the rights that was his father's.
" Malachi Holloway on the rights that was Richard Hart's.
" Francis Smith on the rights that was Oliver Purchase's.
"Samuel Smith on the rights that was Jacob Wilson's.
" James Burt on his own rights.
" Richard Burt on the rights that was his father's.
" James Tisdil on the rights that was David Greenman's.
"John Tisdil, senior, on his own rights.
"John Tisdil, Junior, on the rights that was Mr. Drake's.
" James Walker, senior, on his own rights, & on that which was Mr John Brown's, & on the rights that was John Luther's.
" Mr. John Poole on the rights that was M'ris. Elizabeth Poole's.
"James Wiat's heirs on his rights.
" Thomas Harvey, Junior, on his father's rights.
"To John Strong's rights we find several claimers.
"Christopher Thrasher on his own rights.
" William Shepard's heirs on his rights.
"John Hathaway on the rights that was his father's.
" Peter Pitts on the rights that was Richard Stasie's and on the rights that was William Parker's.
" Thomas Coggan's heirs on his rights.
"John Macomber, Senior, on his own rights.
"Israel Dean on the rights that was Clement Mayfield's.
" Richard Stasie on the rights that was Edward Rew's.
"John Hodges on the rights that was his father's.
" William Evans his heirs on his rights.
" Aaron Knap's heirs on his rights.
" Henry Hodges on the rights that was John Gollup's.
" Richard Godfree, senior, on half the purchase rights that was Thomas Joan's.
" Thomas Lincoln, senior, on his own rights.
" Thomas Lincoln, Junior, on his own rights.
"George Watson on the rights that was Giles Gilbert's.
" Giles Gilbert on the rights that was Joseph Gilbert's.
" Robert Crossman on his own rights.
" Robert Thornton on his own rights.
"John Turner on his own rights.
"James Leonard, senior, on his own rights.
" Mr. John Paine on the rights that was Ralph Russell's.
" Thomas Leonard on the rights that was Henry Leonard's & on half the purchase rights that was Thomas Jones'.
"Edward Bobbitt on his own rights.
"Samuel Holloway on his own rights.
"Jonathan Briggs on the rights that was Benjamin Dunham's.
" Nicholas White, senior, on the rights that was David Curwithies and on the rights that was Giles Slocum's.
"John Parker's heirs on his rights.
" Mr. George Shove on his own rights.
" William Haylston on his own rights.
" Mr. William Brenton on the rights that was Mr. Nicholas Street's.
" These purchasers or proprietors, fore-mentioned, are hereby and by virtue hereof entitled and interested only unto the first purchase of the township of Taunton and not unto any later purchases.
"This list was made and agreed upon and concluded and confirmed by us whose names are underwritten, being the major part of the com- mittee chosen by the town for that end. Dated May 14, 1675.
" RICHARD WILLIAMS. " JAMES WALKER.
" WALTER DEANE.
" JOHN RICHMOND. " JOIN HALL. " JOSEPH WILBORE. " THOMAS LEONARD."
In accordance with their instructions the committee drew up a body of rules and orders for the guidance of their affairs, the more important of which here follow :
"Concerning the office of the selectmen, as they are chosen by the town to manage their affairs for the good of the whole, their orders are as followeth :
" That the selectmen or the major part of them shall appoint town- meetings when they shall see a just occasion for it, and that the select- men shall manage the affairs of the meeting, and so that those occa- sions tor which the Town-meeting is warned be first dispatched before any other matters be introduced.
"2d. That none of the inhabitants of this town shall entertain any foreigner or stranger from abroad, except first they get the approbation of the selectmen, or the major part of them, upon the penalty of five shillings per week, to be levied on the estates of such as transgress this order, by a warrant to the constable from some one of the selectmen ; likewise none shall come to inhabit in this town contrary to the appro- bation of the selectmen, or the major part of them, on the penalty of five shillings a week, to be gathered as aforesaid.
"3d. In reference to Town charges, the selectmen to take an account yearly of every one to whom the Town is indebted and present the ac- count to the Town, etc.
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HISTORY OF BRISTOL COUNTY, MASSACHUSETTS.
"4th. Two of the selectmen with the measurer to lay out lands, ex- cept when a committee is chosen for the purpose.
"5th. The selectmen to see that landmarks are kept up between neigh- bor and neighbor, according to the order of Court.
"6th. It is ordered that the selectmen shall give an account yearly to the town, both of the town stock and also of what lands they lay out.
"7th. That the selectmen from time to time are empowered to take care of the poor, and to that end, if they shall see cause, to call a town- meeting to make a rate for the supply of such as are or shall be in ne- cessity.
"8th. Records of lands to be brought to them for their approval, and if they set their hands thereunto, then it shall be clear for such lands to pass to record."
"Concerning the saw-mill on the Mill River, and concerning the fish.
"Jan. 5, 1659. It is voted and agreed by the town that Henry Andrews and John Macomber shall have liberty to erect or set up a saw-mill on the Mill River, if it be not found hurtful to the grist-mill, upon these terms following, that the inhabitants of the town shall have liberty to bring what timber they shall think meet, either pine, chestnut, or cedar, and what timber any of the inhabitants shall bring as above said they shall deliver the one-half of it again to him that brought it, sawing either to boards or planks as the inhabitants shall see canse.
" And what other boards the inhabitants above said shall need for their own particular use the said Henry Andrews and John Macomber shall sell them at the rate of four shillings to a hundred ordinary town pay, and this above said mill to be in some forwardness within one year after the date hereof, or else this order to be of no effect."
"Jan. 2, 1669. It was voted that the fish shall have a convenient pas- sage up and down the Mill River."
-
" Concerning Landing-Places.
" Ist. At the Neck of Land, so-called, from the bridge down the river to the little river, and up the little river to the land of John Macomber, and a parcel of land above the bridge, sometime called Mr. Street's landing-place.
"2d. Also a landing-place upon the great river at the foot of the hill, as goeth up to the pound, and from the land of Shadrach Wilbore up the said river to take in the spring on the upper side of the creek.
"3d. A landing-place on the great river, flanking on the north side of John Richmond's land, and bounded on the west on the land formerly in the possession of Jonah Austin ; the landing-place on Jonah Austin's land is eleven rods on the great river, facing on the said river in length from the highway, and two rods and a half in breadth from the brow of the hill at eighteen foot to a rod. And the said highway between Jonah Austin's land and John Richmond's land to the said landing-place is to be one rod and a half broad, as it is now fenced on both sides.
"4th. A landing-place on the east side of the great river, southerly from the land some time in the possession of John Tisdell, and northerly from a hill called 'Fipes' (Apes ?) hill as it is bounded and laid out.
"5th. A landing-place on the west side of the great river, bounded southerly by the land of Nathaniel French, and northerly up the river by a creek."
" We whose names are under written have in the fore part of the year 1699, laid out a landing-place legally granted near the house of Nathan- iel French, containing near about one acre of land, it being bounded as followeth, beginning at Taunton Great River on the westerly side of a creek or a little run of water, and ranging on a line northerly upon the westerly side of said creek or run of water till it comes to a valley of low land, and so ranging westerly till it comes to the land formerly granted to James Tisdale, now in the possession of said Nathaniel French, and from thence ranging on a line along by the house of said French till it comes to the above said Great River, and so np by said river till it comes to the above said westerly side of said creek, and likewise a high- way laid out northerly forty foot wide in every part of it till it comes to the country way that leadeth from Taunton to. Bristol.
" HENRY HODGES. " THOMAS GILBERT. " THOMAS HARVEY. " Selectmen."
" Concerning Rutes, Raters, and Constables.
" 1st. When order for the country rate is brought to the town yearly then the estate of the town is to be carefully taken by the raters, and that estate to bear the charges of the town for that year, and the Raters shall have fifteen shillings for gathering the Town's estate successively."
" 18th Dec., 1671. It is voted and agreed upon by the town, whereas »it proves difficult for the Raters to obtain a just account of men's lands,
hoth improved and dormant, we do therefore agree and order that there shall be upon the town book a distinct catalogue of all the meadows and uplands of each person to which the Raters may have recourse, and therefore that each man do within two months after the date hereof bring in the account of their lands to the clerke. and that from time to time, as any shall alienate any parcel of lands, they shall inform the clerke, that so it may be entered in the aforesaid catalogue, upon the neglect whereof the seller thereof must expect to bear the rates of it himself.
"2d. And if any man shall refuse or neglect to give a just account of his estate to the Raters when called for, nor repair within six days, to give it to the Raters, such person shall stand to the judgment of the Raters.
"3d. The valuation of lands and cattle as a valuation for the Raters. Improved land at 15s. per acre, ratable estate; meadows and pasture land at 10s. per acre ; dormant land at I per acre ; an ox at £3 an ox ; a cow at £2 5s. ; three year old cattle at £2 5s. a beast ; two year old cattle at £1 10s. a beast; one year old cattle at 15s. a beast ; a sheep at 3s. a beast ; a horse or mare at £2 a piece that is above three year old ; a two year old at £l a horse or mare.
"4th. And every Rater shall have but 12s. a piece for making of a rate and paid out of every rate they make, and the 15s. for gathering of the town's estate, shall be paid out of the town rate.
15th July, 1574. It is voted and agreed upon by the town that such persons of the town as pay their country rate in money shall pay noth- ing for transportation, but such as pay in wheat, Indian corn, or barley or hay or butter or iron, shall pay so much in the same specie as will pay for the transportation.
"5th. It is ordered for the future that all rates shall be recorded, both the sum that is to be levied of the town, and also the rates when made, before delivered to the constables, and the constables' account at the end of his year to be entered on record, that so it may appear what money is gathered and how it is disposed, and also the bill of the town's debts to be yearly entered on record.
"6th. And for the making of all rates there shall be three men chosen at least by the town, and if any or either of the raters orderly chosen shall neglect or refuse to make the rates seasonably, he or they shall pay a fine according to Court order, and the town shall choose again, and no excuse shall be accepted but sickness or lamene'ss or bound a long journey out of town.
"7th. That the constables shall have nothing for gathering the coun- try rates, but only to go rate free.
"8th. They shall have nothing for gathering the minister's rates, but if any shall refuse or neglect to bring in the minister's rates to the place appointed by the constable, or to the minister's house, so that the con- stable is put upon it to distrain, then the constable shall distrain so much as will pay the principal and defray the transportation of it to the min. ister's house, besides the constable's fees, for gathering of town rates they shall have Is. per pound out of the same rate."
" Concerning the paying of Deputies and Grand Jurymen.
"8th Nov., 1677. By order of the town and former practice, the Depu- ties and Grand jurymen shall be paid two shillings and sixpence a day for every day they are at Court about the town's business, from the day they go from home until they return home again.
"It is voted and agreed upon by the town that those men that are or shall be employed at Court about the town's business, shall have the one- half of their pay as money and the other half in country pay."
" Concerning the Towne's stock of Ammunition.
"22d April, 1678. It is voted and agreed upon by the town that the Commission Officers, with the council of war of this town, shall have the whole disposing of the town's stock of powder and lead, and when dis- posed of to give an account to the town for what and to whom they have disposed it."
" Concerning Swine.
"Jan. 18, 1671. It is voted and agreed upon by the town that if any swine do break into men's grounds and do damage, that the owners of said swine shall pay the damage, provided the fence be - sufficient by indifferent men."
Rules were also made concerning the fencing of meadows, and in reference to commons for wood and timber.
By a law enacted in 1646 every town was required to have a clerk, or some one appointed to keep a reg-
765
TAUNTON.
ister of the day and year of the marriage, birth, and burial of every man, woman, and child in the town- ship. There is no record of any clerk in Taunton until the following :
" The Town Clerk chosen for this present year being this sixth of March, 1664 or 5, is Shadrach Wilbore, and so to continue as long as he the said Clerk and the town shall agree.
" And it is voted and agreed by the town this sixth of March, 1664/5, that the said Clerk shall have of the town twenty shillings by the year. " And it is voted and agreed by the town at a town meeting, that the said town to commit to the said Town Clerk to keep the Town Book and the Registry the day and year above written."
The first return of births, deaths, and marriages to the Plymouth Court was made the year after the above appointment. Mr. Wilbore held the office for more than thirty years, and it is probable until his death early in 1699. The following vote appears in the proprietors' records :
" Nov. 19, 1697. The town doth this day act and vote that the Town Clerk, Mr. Shadrach Wilbore, shall deliver up to Capt. Thomas Leonard, Our Proprietors' Clerk, the book of the records of our lands, wherein also our lands not therein recorded, may be by our Proprietors' Clerk, not that we find any unfaithfulness in our said Town Clerk, but only that our Proprietors' Clerk may be advantaged to perform his trust, and that our land may still be recorded."
Mr. Wilbore's handwriting was remarkable for its regularity and beauty. Those parts of the records kept by him are still in a fine state of preservation.
In 1687, during the usurpation of Sir Edmund An- dros, he fell under his displeasure, was brought before his Council, and condemned to be imprisoned. The warrant for his imprisonment and his petition for release are here given, by which it appears that it was not for refusing to give up the town records that he was imprisoned, as has been commonly stated :
" TO THE SHERIFF OF THE COUNTY OF SUFFOLK :
" Whereas Shadrach Wilbore, Town clerk of Taunton, hath lately in the name and with the consent of the said Town, written and published a certain scandalous, factious and seditious writing therein, very much reflecting upon and contemning the law, authority and government of this his Majesty's Territory and Dominion of New England. The which writing, upon his examination before his Excellency in Council, he hath confessed and owned. These are, therefore, in his Majesty's name, to require and command you to take into your custody, the body of the said Shadrach Wilbore, and him safely keep in his Majesty's jail, until he shall have answered for the said contempt and misdemeanor, and be from thenco delivered by due course of his Majesty's Laws. Whereof fail not. And for so doing, this shall be your warrant.
" Dated in Boston, the 30th day of August, 1687. " By order in Council.""
" The humble petition of Shadrach Wilbore, of Taunton, Town Clarke, To his Excellency, Sir Edmond Andrews, Knight Governor-in-Chief of his Majesty's Territory and dominion in New England.
" Humbly sheweth that whereas your poor petitioner (but as a servant) did in the name, and with the consent of the Town of Taunton (as Towne Clarke), as by virtue of his office judged himself obliged to do, did write a letter to John Usher, Esq., the contents of said letter or writing proving very offensive to anthority, for which your petitioner is very sorry that he should give any cause of offence to any, either by writing or any other way, for it was not any way intended by your pe- titioner either to offend your Excellency or the government his Majesty hath set over us, and therefore wherein your petitioner hath offended any person he craveth their pardon, entreating your Excellency to im- pute the offensiveness of said writing to the ignorance, weakness, and un- skilfulness of your poor petitioner as to law matters, entreating your Ex- cellency to grant your poor petitioner a gracious pardon as to honorable Court's sentence against him here at Bristol and remit it, or what of it your Excellency shall think fit, beseeching your Excellency to consider
what your poor petitioner hath already suffered both at Boston and also here at Bristol,-at Boston his imprisonment there and charges for a re- lease out of prison, and here at Bristol, it being five weeks since he was first committed to prison, entreating your Excellency to consider the in- ability of your poor petitioner and the time of the year (it being very cold for a poor prisoner), and also his low estate and a great family of children (not needful to say the Town of Taunton hath already an- swered the matter then in question), and for the future your petitioner hopes he shall be more careful what he writes. So craving your pardon for giving your Excellency the trouble of reading these lines, hoping for your Excellency's gracious Answer, shall rest your humble pe- titioner.
" SHADRACH WILBORE.
" BRISTOL the 14th of November, 1687."
If, as he intimates in his " humble petition," he wrote the offensive letter by authority of the town, or by direction of the selectmen, the town granted him tardy justice, for it was two years after his imprison- ment that the following vote was passed :
" This 21 day of November, 1689, It was voted and granted to Shadrach Wilbore, the town Clerk, one hundred acres of land joining to his land at Bareneed, or somewhere thereabout, in consideration of his imprison- ment and suffering, he paying what money is due at that account, which is to say the five and forty shillings which we borrowed of William Wil- bore of Rhode Island."
Perhaps, however, the town thought it more prudent to wait until the usurpation of Andros was at an end.
On the same day a vote was passed in reference to another grist-mill as follows :
" Nov. 21, 1689. Whereas there appears a great necessity of a good grist-mill in this town more than we have already, and finding a con- venient place to set a mill on below the old mill, and in case the town please to grant the privilege of the stream to erect a mill on, then Rob- ert Crossman, Jr., will speedily build a good mill to serve the town to grind their corn. This above said was voted and granted to Robert Crossman, Jr., this 2Ist day of November, 1689."
For several years previous to the above date the town seems to have been apprehensive as to the security of their title to their lands. There had been several controversies with adjoining towns in respect to boundary lines, and some of these controversies were not yet settled. A confirmatory deed was de- sired from Governor Bradford, and various votes had been passed and committees appointed to effect the desired end. Some of these votes are here given :
' " This Sth of January, 1683. The town hath by vote chosen John Hathaway, senior, and John Richmond to go abroad to procure evidence for the strengthening and further confirmation of our township."
"This 6th of July, 1685. The town hath voted and agreed to choose two men to send to the Court at Plymouth to do their best endeavor to procure the confirmation of our township as it is already drawn up by the selectmen and by some others. The men chosen is John Hathaway, senior, Thomas Leonard."
The boundary line between Taunton and Middle- borough, which has been a bone of contention until within a very few years, and perhaps may become so again, was a subject of controversy in 1685 and earlier.
"This 20th of October, 1685. The town hath by vote chosen Ensign Leonard, John Hathaway, and John Richmond to settle the bounds be- tween Middleboro' and us, from Assonet to Baiting Brook, and from Baiting Brook to Titicut River."
May 18, 1686. A committee was chosen to see as to encroachments of Bridgewater within the bounds of
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HISTORY OF BRISTOL COUNTY, MASSACHUSETTS.
Taunton. In October following action was taken in reference to the two miles claimed by Swansea men.
The subject of the confirmatory deed is again taken up :
"2Ist May, 1688. The proprietors made choice of the selectmen this day chosen, and John Hathaway, the commissioner, to be a committee to act in all matters that may relate to the confirmation of their lands, or defending their title thereto, and agree to defray the charges of the said committee, and Justice Macey and Justice Leonard to act with them."
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