History of Plymouth county, Massachusetts, with biographical sketches of many of its pioneers and prominent men, Part 221

Author: Hurd, D. Hamilton (Duane Hamilton)
Publication date: 1884
Publisher: Philadelphia, J.W. Lewis & co.
Number of Pages: 1706

USA > Massachusetts > Plymouth County > History of Plymouth county, Massachusetts, with biographical sketches of many of its pioneers and prominent men > Part 221

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The number of persons who came over in the ship " Diligent," of Ipswich, in the year 1638, and settled in Hingham, was one hundred and thirty-three. All that came before were forty-two, making in all one hundred and seventy-five. The whole number that came out of Norfolk (chiefly from Hingham and its vieinity ) from 1633 to 1639, and settled in this Hing- ham, was two hundred and six. This statement, on the authority of the third town clerk of Hingham, must be reconciled with the faet that there was a much larger number of settlers here in 1639 than would appear from his estimate. They undoubtedly came in from other places. Many of the names men- tioned in the previous pages are now scattered in va-

of the very few who escaped the massacre at Fort William Henry. Maj. Thaxter had a numerous family, among whom were the late Dr. Thomas Thaxter, Dr. Gridley Thaxter, of Abington, Samuel, etc. The late Capt. Duncan M. B. Thax- ter was a son of Samuel. John, the eldest son of Col. Samuel Thaxter, married Grace Stockbridge, of Pembroke. His son, Col. John Thaxter, H. U. 1741, was a delegate in 1772. John Thaxter, Esq., of Haverhill, was a son of Col. John Thaxter. Deacon Joseph Thaxter was a hrother of Col. John Thaxter, and father of the late Rev. Joseph Thaxter, minister of Edgar- town and a chaplain of the army of the Revolution. David Thaxter was the only son of the eldest Samuel who lived to manhood. He married Alice Chubbuck. He had but one son, David, who died iu 1791, aged eighty-three.

9 The following singular account of the cure of one of this name of a distempered imagination is extracted from the "History of New England" (Mass. His. Col., new series, vol. vi. p. 442) :

" 1642. One Huet's wife, of Hingham, having been long in a sad melancholy distemper, near to frenzy, and having for- merly, in the year 1637, attempted to drown her child, did now again take her child of three years old, and stripping it of its clothes, threw it into tho creek, but it, scrambling out of the water and mud, camo to the mother, wbo took it another time and threw it so far into the creek that it could not possibly get out; yet hy good providence a young man that accidentally passed by took it up. The mother conceived she had sinned the sin against the Holy Ghost. She was afterwards proceeded with by church council, and by that means was drawn off from those satanic delusions, and, after the manifestations of repentance, was recoivod into the church again, being brought to a sound mind."

10 Simon Burr, the first of tho name of Burr in this town, camo from Dorchestor, and was related to Rev. Jonathan Burr, an early minister in that town.

11 Garnett now written Gardner.

12 Canterbury oxtinet as a surname. The Barnes familios are descendants from Cornolius Canterbury.

HISTORY OF HINGHAM.

1059

rious parts of the country. Many of the first settlers removed to other places during the militia difficulties which occurred within a few years after the settlement of the town, and a considerable number had previously obtained lands at Rehoboth.1

Incorporation of the Town .- The town of Hing- ham was incorporated Sept. 2, 1635, and named from Hingham, in Norfolk, England, from whence the minister and most of the settlers had emigrated. The first town-meeting was held in 1635, and the first representatives chosen from this town were Joseph Andrews and Nicholas Baker." Joseph Andrews was also the first town clerk, chosen in 1638.

In 1635 Hingham was assessed £6; Weymouth, £4; Boston, £25 10s .; Salem, £16; and Newton and Dorchester, each £26 5s. In August of the fol- lowing year, however, the assessment for Hingham was raised to £8 10s.

In those early days a fine was imposed for non- attendance at town-meetings, and the arm of the law was also raised against him who should depart from the meeting " until the assembly be broken up or without leave." This order was passed by a vote of the town May 14, 1637, and was as follows :

" It is likewise agreed npon by a joint consent and general vote of the freemen that whosoever shall absent himself from any meeting appointed, and shall have lawful warning of it, or shall otherwise come to the knowledge of the same meeting within special occasions approved of by the assembly or the major part of the freemen then assembled; and further, it is likewise agreed upon that when assembled and be come together to agitate and determine of any business concerning the com- mon good of Church or Commonwealth, not one shall depart until the assembly be broken up or without leave, upon the pay- ment of every such defect, one peck of Indian corn, as well for the not staying with the assembly being there assembled as for the not coming, having lawful warning or otherwise [having] knowledge of it. And likewise it is agreed upon, that every such fine or fines shall be levied by the constable, and shall be carefully kept to the use of the town as hereafter shall be thought fit to employ it, and from the day of the date hereof it shall stand in force, unless it be found to be prejudicial and re- pealed."

April 9, 1641, the town voted as follows, fixing the pay of laborers and the prices of commodities :

1 Among the towns of which a considerable number of in- habitants originated in Hingham are Rehoboth, Wareham, Cummington, Dennysville, and Perry ( Maine). A few removed to Swansea, Duxbury, Scituate, Barnstable, Lancaster, etc., and a large number to Boston.

The following names appear in Lancaster in 1654, viz. : Ste- phen Gates, Sr., James Whiting or Witton, John Towers, and Thomas Joslin. Persons of the same names had previously received grante of land in Hingham, and actually settled here. The Pecka, of Rehoboth; Fearings, of Wareham; Clapps and Otises, of Scituate; Dimocks and Otises, of Barnstable; Lin- colna, of Tannton, New Bedford, Dennysville, and Perry, Me., etc., originated here.

2 Eee list of representatives.

"It is ordered and agreed upon by a joint consent, that the prices of laborers' wages and commodities within this town should he affixed as follows : Upon every commodity as well as upon laborers' wages should be abated three pence upon the shilling of what has been formerly taken.

Common laborers a day.

For mowing a day. 2

Carpenters a day. 1 10

A team with 3 yoke of oxen and one man, a day 7 00

with 2 yoke, a mare and a man.

7 00

2 yoke and one man. 6 00

1 yoke, a mare and a man .. 5

4 and they are to work eight hours a day.

"Taylors and shoemakers are to abate three pence on the shilling of what they took before for a day's work. Butter the 1b. 5d.

" Wheelwrights are to abate three pence on the shilling and to charge 2 shillings a day."

" In 1643, June 12, Anthony Eames, Samuel Ward, and Bozoan Allen had leave from the town to set up a corn-mill near the cove, on the condition that they paid any damage caused by flowage, &c. This mill was undoubtedly erected before the year 1645, as we find recorded in November of that year, that Gowan Wilson was removed by the town from the office of miller."

" It appears," says Mr. Lincoln, " that at an early date, there was a controversy respecting a portion of the lands embraced within the limits of Nantasket or Nantascot. The inhabitants of Hingham claimed, and endeavored to maintain a title to them, as in July, 1643, we find the following record, viz .: 'There is chosen by the town, Joseph Peck, Bozoan Allen, Anthony Eames, and Joshua Hubbard to go to the next court to make the best improvements of the evidence the town have for the property of Nantascot, and to answer the suit that now depends, &c.'" It appears, however, that Hingham was unsuccessful in this controversy. The following peremptory decision was under date September, 1643: " The former grant to Nantascot was again voted and confirmed, and Hingham was willing to forbear troubling the court any more about Nantascot."

CHAPTER II.

THE MILITARY TROUBLES OF 1644-INDIAN HIS- TORY.

THESE troubles, which no doubt seriously retarded the material as well as the religious welfare of Hing- ham, originated among the members of the military company, and gradually enlisted the feelings of the entire town. The church became involved in the

1060

HISTORY OF PLYMOUTH COUNTY.

matter, and it subsequently was taken cognizance of by neighboring churches, and finally the controversy was carried to such length that the government was called upon to interfere. Johnson, in his " Wonder Working Providence" in 1654, says, "The people joyned in church covenant in this place were made about one hundred soules, but have been lessened by a sad unbrotherly contention which fell out among them, wasting them every way, continued already for seven years space to the great grief of all other churches."

Winthrop, in his journal, vol. ii. p. 221, introduces the subject as follows :

" 1645. This court fell out a troublesome business which took up much time. The town of Hingham, having one Emes their lieutenant seven or eight years, had lately chosen him to be their captain, and had presented him to the standing council for allowance; but before it was accomplished the greater part ef the town took some light occason of offence against him, and chose one Allen to be their captain, and presented him to the magistrates (in the time of the last general court) to be allowed. But the magistrates, considering the injury that would hereby accrue to Emes (who had been their chief commander so many years, and had deserved well in his place, and that Allen had no other skill but what he learned from Emes), refused to allow of Allen, but willed both sides to return home, and every officer to keep his place until the court should take further order. Upon their return home, the messengers who came for Allen called a private meeting of those of their own party, and told them truly what answer they received from the magistrates, and soon after they appointed a training day (without their lieutenant's knowledge), and, being assembled, the lieutenant hearing of it came to them, and would have exercised them as he was wont to do, but those of the other party refused to fol- low him, except he would show them some order for it. He told them of the magistrate's order about it ; the others replied that authority had advised him to go home and lay down his place honourably. Another asked what the magistrates had to do with them? Another, that it was but three or four of the magistrates, and if they had been all there it had been nothing, for Mr. Allen had brought more for them from the deputies than the lieutenant had from the magistrates. Another of them professeth he will die at the sword's point, if he might not have the choice of his own officers. Another (viz., the elerk of the band) stands up above the people, and requires them to vote, whether they would hear them out in what was past and what was to come. This being assented unto, and the tumult continuing, one of the officers (he who had told them that au- thority had advised the lieutenant to go home and lay down his place) required Allen to take the captain's place ; but he not then accepting it, they put it to vote, whether should be their captain. The vote passing for it, ho then told the company it was now past question, and thereupon Allen accepted it, and exercised the company two or three days, only about a third part of them followed the lieutenant. He having denied in the open field that authority had advised him to lay down his place, and putting (in some sort) the lic upon those who had so re- ported, was the next Lord's day called to answer it beforo the church, and he standing to maintain what he bad said, five witnesses were produced to convince him. Some of them affirmed tho words, the others explained their meaning to be, that one magistrate had so advised him. He denied both.

Whereupon the pastor, one Mr. Hubbert (brother to three of tho principal in this sedition), was very forward to have ex- communicated the lieutenant presently, but, upon some oppo- sition, it was put off the next day. Thereupon the lieutenant and some threo or four more of the chief men of the town in- formed four of the next magistrates of these proceedings, who forthwith met at Boston about it (viz., the doputy governour, the serjeant major general, the secretary, and Mr. Ilibbins). These, considering tho case, sent warrant to the constable to at- tach some of the principal offenders (viz., three of the Hubbards and two more) to appear before them at Boston, to find sureties for their appearance at the next court, &c. Upon the day they came to Boston, but their said brother, the minister, came be- fore them, and fell to expostulate with the said magistrates about the said cause, complaining against the complainants, as talebearers, &c., taking it very disdainfully that his brethren should be sent for by a constable, with other high speeches, which were so provoking as some of the magistrates told him that were it not for respect to his ministry they would commit him. When his brethren and the rest were come in, the mat- ters of the information were laid to their charge, which they denied for the most part. So they were bound over (each for other) to the next court of assistants. After this five others were sent for by summons (these were only for speaking un- truths of the magistrates in the church). They came before the deputy governour, when he was alone, and demanded the cause of their sending for, and to know their accusers. The deputy told them so much of the cause as he could remember, and re- ferred them to the secretary for a copy, and for their accusers he told tbem they knew both the men and the matter, neither was a judge bound to let a criminal offender know his accusers before the day of trial, but only in his own discretion, least the aecuser might be taken off or perverted, &e. Being required to give bond for their appearance, &c., they refused. The deputy laboured to let them see their errour, and gave them time to consider of it. About fourteen days after, seeing two of them in the court (which was kept by those four magistrates for smaller causes), the deputy required them again to enter bond for their appearance, &c., and upon their second refusal com- mitted them in that open court.

"The general court falling out before the court of assistants, the Hubberts and the two which were committed, and others of Hingham, about ninety ( whercof Mr. Hubbert, their minister, was the first), presented a petition to the general court to this effect, that whereas some of them had been bound over, and others committed by some of the magistrates for words spoken concerning the power of the general court, and their liberties and the liberties of the church, &c., they craved that the court would hear the cause, &c. This was first presented to the dep- uties, who sent it to the magistrates, desiring their concurrence with them, that the cause might be heard, &e. The magis- trates, marvelling that they would grant such a petition with- out desiring conference first with themselves, whom it so much concerned, returned answer that they were willing the cause should be heard, so as the petitioners would name the magis- trates whom they intended, and the matters they would lay to their charge, &c. Upon this the deputies demanded of the pe- titioners' agents (who were then deputies of the court) to have satisfaction in those points, whercupon they singled out the deputy governour, and two of the petitioners undortook the prosecution. Then the petition was returned again to the magistratos for thoir consent, &c., who, being desirons that the deputios might tako notice how prejudicial to anthority and the honour of tho court it would bo to call a magistrate to an- swer criminally in a cause, wherein nothing of that nature could be laid to his charge, and that without any private ex-

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1061

HISTORY OF HINGHAM.

amination preceding, did intimate so much to the deputies (though not directly, yet plainly enough), showing them that nothing criminal, &c., was laid to his charge, and that the things objected were the act of the court, &c., yet if they would needs have a hearing they would join in it. And, indeed, it was the desire of the deputy (knowing well how much himself and the other magistrates did suffer in the cause through the sianderons reports wherewith the deputies and the country

abont had been possessed) that the cause might receive a public ; the deputies (being about half ) and all the rest of the magis- hearing.

"The day appointed being come, the court assembled in the meeting-house at Boston. Diverse of the elders were present, and a great assembly of people. The deputy governour. coming in with the rest of the magistrates, placed himself beneath within the bar, and so sate uncovered. Some question was in court abont his being in that place (for many both of the court and the assembly were grieved at it). But the deputy telling them that. being criminally accused, he might not sit as a judge in that cause, and if he were upon the bench it would be a great disadvantage to him, for he could not take that liberty to plead the canse, which he ought to be allowed at the har ; upon this the court was satisfied.

" The petitioners having declared their grievances, &c., the deputy craved leave to make answer, which was to this effect, Fiz., that he accounted it no disgrace, but rather an honour put upon him, to be singled out from his brethren in the defence of one so just (as he hoped to make that appear), and of so publie concernment. And although he might have pleaded to the petition, and so have demurred in law, upon three points,-1, in that there is nothing laid to his charge ;, that is, either crim- inal or nnjust : 2, if he had been mistaken either in the law or in the state of the case, yet whether it were such as a judge is to be called in question for as a delinquent, where it doth not appear to be wickedness or wilfulness ; for in England many erroneous judgments are reversed, and errours in proceedings rectified, and yet the judges not called in question about them ; 3, in that being thus singled ont from three other magistrates, and to answer by himself for some things, which were the act of a court, he is deprived of the just means of his defence, for many things may be justified as done by four which are not warrantable if done by one alone, and the records of a court are a full justification of any act while such record stands in force. But he was willing to waive this plea, and to make an- gwer to the particular charges, to the end that the truth of the case and of all proceedings thereupon might appear to all men.

" Hereupon the conrt proceeded to examine the whole cause. The deputy justified all the particulars laid to his charge, as that upon credible information of such a mutinous practice, and open disturbance of the peace, and slighting of authority, the offenders were sent for, the principal by warrant to the consta- ble to bring them, and others by summons, and that some were bonnd over to the next court of assistants, and others that refused to be bound were committed ; and all this according to the equity of laws here established, and the custom and laws of England, and our constant practice here these fifteen years. And for some speeches he was charged with as spoken to the delinquents when they came before him at his house, when none were present with him bnt themselves, first, he appealed to the judgment of the court, whether delinquents may be received as competent witnesses against a magistrate in such a case; then, for the words themselves. some he justified, some he explained so as no advantage could be taken of them, as that he should say that the magistrates could try some criminal causes without a jnry, that he knew no law of God or man which required a judge to make known to the party, his accusers (or, rather, witnesses), before the canse came to hearing. But two of them

charged him to have said that it was against the law of God and man so to do, which had been absurd, for the deputy pro- fessed he knew uo law against it, only a judge may sometimes in discretion conceal their names, &c., least that they should he tampered with, or conveyed out of the way, &c.

"Two of the magistrates and many of the deputies were of opinion that the magistrates exercised too much power, and that the people's liberty was thereby in danger ; and other of trates were of a different judgment, and that authority was overmuch slighted, which, if not timely remedied, would en- danger the commonwealth and bring us to a mere democracy. By occasion of this difference, there was not so orderly a carriage at the hearing as was meet, each side striving unseasonably to enforce the evidence, and declaring their judgments thereupon, which should have been reserved to a more private debate (as after it was), so as the best part of two days was spent in this public agitation and examination of witnesses, &c. This being ended, a committee was chosen of magistrates and deputies, who stated the case as it appeared upon the whole pleading and evidence, though it cost much time, and with great difficulty did the committee come to accord upon it.

" The case being stated and agreed, the magistrates and deputies considered it apart, first the deputies having spent a whole day, and not attaining to any issue, sent up to the magistrates to have their thoughts about it, who, taking it into consideration, (the deputy always withdrawing when that matter came into debate), agreed upon these four points chiefly : 1, that the petition was false and scandalous ; 2, that those who were bound over, &c., and others that were parties to the disturbance at Hingham, were all offenders, though in different degrees ; 3, that they and the petitioners were to be censured ; 4, that the deputy governour ought to be acquit and righted, &c. This being sent down to the deputies, they spent divers days about it, and made two or three returns to the magistrates, and though they found the petition false and scandalous, and so voted it, yet they would not agree to any censure. The magistrates, on the other side, were resolved for censure, and for the deputy's full acquittal. The deputies being thus hard held to it, and growing weary of the court, for it began [3] 14, and brake not up (save one week) till [5] 5, were content they should pay the charges of the court. After they were drawn to consent to some small fines, but in this they would have drawn in lieutenant Emes to have been fined deeply, he being neither plaintiff nor defendant, but an informer only, and had made good all the points of his information, and no offence found in him other than that which was after adjudged worthy of admonition only ; and they would have imposed the charges of the court upon the whole trained band at Hingham, when it was apparent that divers were innocent, and had no hand in any of these proceedings. The magistrates not con- genting to so manifest injustice, they sent to the deputies to de- sire them to join with them in calling in the help of the elders (for they were now assembled at Cambridge from all parts of the United Colonies, and divers of them were present when the cause was publickly heard, and declared themselves much grieved to see that the deputy governour should be called forth to answer as a delinquent in such a case as this was, and one of them, in the name of the rest, had written to him to that effect, fearing least he should apprehend over deeply of the in- jury, &c.), but the deputies would by no means consent thereto, for they knew that many of the elders understood the cause, and were more careful to uphold the honour and power of the magis- trates than themselves were liked of, and many of them (at the request of the elder and others of the church of Hingham dur- ing this court) had been at Hingham to see if they could settle

1062

HISTORY OF PLYMOUTH COUNTY.

peace in the church there, and found the elder and others the petitioners in great fault, &c. After this (upon motion of the deputios) it was agreed to refer the cause to arbitrators, accord- ing to an ordor of court, when the magistrates mud doputies enmot agroe, &c. The magistrates named six of the elders of tho noxt towns, and left it to them to choose any three or four of them, and required them to name six ethors. Tho deputies, finding themselves new at the wall, and not daring to trust the elders with the cause, they send to desire that six of themselves might come and confer with the magistrates, which, being granted, they came, and at last came to this agreement, viz., the chief petitioners and the rest of the offenders were sover- ally fined (all their fines not amounting to 50 pounds), the rest of the petitioners to hear equal share to 50 pounds more towards tho charges of the court (two of the principal offenders were tho deputies of the town, Joshua Hubhert and Bozone Allen, the first was fined 20 pounds, and the other 5 pounds), lieuten- ant Eines to be under admonition, the deputy governour to be legally and publickly acquit of all that was laid to his charge.

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History of Plymouth county, Massachusetts, with biographical sketches of many of its pioneers and prominent men, Part 221

Author: Hurd, D. Hamilton (Duane Hamilton) Publication date: 1884 Publisher: Philadelphia, J.W. Lewis & co. Number of Pages: 1706

Author: Hurd, D. Hamilton (Duane Hamilton)
Publication date: 1884
Publisher: Philadelphia, J.W. Lewis & co.
Number of Pages: 1706