USA > Massachusetts > Plymouth County > Scituate > History of Scituate, Massachusetts, from its first settlement to 1831 > Part 10
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The Cape fishery was rented annually for from thirty to forty pounds. We observe that in 1680, Robert Stetson of Scituate and Nathaniel Thomas (probably of Marshfield) hired the fishery. We cannot discover that the Town of Scituate
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availed itself of this bounty of the Court. It continued but eleven years : for we observe that in 1689, the rent was appro- priated towards the salary of the magistrates; and after the union of Plymouth and Massachusetts in 1692, the fishery was free, as we believe. The towns of Duxbury, Rehoboth and Taunton received the five pounds, a part of the term when this court order was in force.
The first money raised towards supporting a free school in Scituate, (at least that appears on record), was a very small appropriation in 1700, viz. "The Town desired James Torrey to teach children and youth to read and write as the Law requireth, and said Torrey consented to make tryall thereof awhile, on these conditions, that he be paid 20s in money for each and every person sent to school, the parent or master engaging to pay fifteen shillings of the sd twenty, the Town having agreed to pay the other five shillings for each, and that those that send any children or youth to the school, shall pro- vide books, pen, ink and paper suitable for their learning as aforesayd."
In 1701, "The Town agreed with Dea. David Jacob to keep a reading, writing and grammar school for one year, in consideration of the sum of 20£; also agreed with the same person to build a school house for 20£." It was situated near Stockbridge's mill.
In 1704, "The Town directed the school to be kept one third of the year at each end of the Town, and one third in the middle."
In 1711, " The Town voted that the Select men should provide but one grammar school, and that to be kept in the middle of the Town and not be removed."
In 1712, "The Town ordered three schools, one in the middle and one at each end, appropriating 32£ for that in the centre and 16£ each for the other two."
In 1725, Mr Timothy Symmes was employed as a grammar school master.
In 1733, "The Town voted to allow that part of the Town called the Two Miles, 6£ for keeping a school that year."
In 1765, "The Town voted to raise 10£ toward the support of a 'Latin School.'"
We need only remark, that the Town proceeded gradually to increase the expenditures for the free schools, without any remarkable change until the law of 1790. The Town had a sufficient number of families to be liable under that law to sup- port a grammar school during the year, in which school the
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,
Greek and Latin languages should be taught. But that law, we believe, was never complied with, according to the intent of its framers. An additional sum was raised, which was presumed to be sufficient,* and divided into five parts, and added to the money of five school districts,f requiring said districts to be furnished with a teacher qualified according to law, for teaching the grammar school. Thus the law which, doubtless contempla- ted one continuous grammar school through the year, was evaded by keeping five grammar schools two months each, and at the same time. This order of things continued until 1827. The law of that year has been fully complied with, save in point of the high school. This has been evaded in a similar manner to that named above. The sum appropriated for free schools has been generously raised from $1400 to $2000, but is divided to the several school districts, and no high school has yet been established. The number of school districts since 1816, has been eighteen. The number of persons over four years of age and under twenty-one, which compose the school list, amounted in 1830, to 1342. In 1827, the school district near the second Congregational Meeting-house, commenced the custom of di- viding their school into two, and placing those pupils who were over eight years of age under the care of an instructer, and the younger division under the care of an instructress. In 1828, the first school district, near the harbour, with two adjoining districts, united in building a large and commodious school- house, in which all the pupils over fourteen years of age are placed under the care of a well qualified instructer.
We believe that instruction in the languages was given prin- cipally by the ministers of this Town previously to 1750. We can however name Mr Timothy Symmes and a Mr Fitzgerald who taught several years before that date in Scituate and its vicinity. We might name Thomas Clap and Joseph Cushing. Col. William Turner also, who graduated at Harvard College 1767, was a teacher by profession, and spent his life in that employment, chiefly in this Town.
It may be a proper appendage to these notes, to subjoin a list of such persons as have received degrees at Harvard Uni- versity, and who were born in the Town, or resided here, at least in their youth.
* The sum raised previously had been for grammar school $133,33, in 1809, $200.
i The Town was first divided into sixteen school districts in 1790.
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Isaac Chauncy, 1651, minister in Berry street, London. Ichabod Chauncy, 1651, physician in Bristol, England.
Barnabas Chauncy, 1657, a preacher, and died early. Nathaniel Chauncy, 1661, minister of Hatfield, Connecticut.
Elnathan Chauncy, 66 physician in Boston.
Israel Chauncy, minister of Stratford, Connecticut.
Caleb Cushing, 1692, minister of Salisbury. Samuel Mighill, 1704, died early.
David Turner, 1718, minister of Rehoboth 1721.
Joseph Bailey, 1719, minister of Weymouth.
Thomas Clap, 1722, president of Yale College.
Thomas Clap, 1725, minister of Taunton, and afterward Judge Common Pleas in Plymouth County.
Nathaniel Eells, 1728, minister of Stonington, Conn. 1733.
Nathaniel Cushing, 1728, reading law in Boston, died 1729.
Ephraim Little, 1728, minister of Lebanon, Conn.
Joseph Cushing 1731, latin school master Scituate.
Edward Eells, 1733, minister of Middletown, Conn.
Timothy Symmes, 1733, minister Millington village, Conn. 1737.
Samuel Holbrook, 1734, died early, we believe.
Isaac Otis, 1738, physician in Bridgewater.
Lemuel Bryant, 1739, minister of Quincy.
William Cushing, 1751, Judge United States' Court.
Jonathan Vinal, 1751, a preacher but not settled.
Joseph Cushing, 1752, died early.
Charles Turner, 1752, minister of Duxbury, afterward senator in Massachusetts.
Charles Stockbridge, 1754, physician in Scituate.
Charles Cushing, 1755, clerk of the Courts in Suffolk County.
Ephraim Otis, 1756, physician in Scituate and Taunton. Nathan Cushing, 1763, Judge Supreme Court, Mass.
Joseph Bailey, 1765, died early, at Chesterfield.
Charles Curtis, 1765, deceased in New York.
Lemuel Cushing, 1767, physician, deceased in the Revol. Army.
William Turner, 1767, colonel of Militia, and latin school- master, Scituate.
Rowland Cushing, 1768, a lawyer in Maine, Pawnalboro.
Paul Litchfield, 1775, minister of Carlisle.
Isaiah Man, 1775, minister of Falmouth.
David L. Barnes, 1780, U. S. District Judge in Rhode Island. Cushing Otis, 1789, physician in Scituate.
Foster Waterman, 1789, lawyer in Maine.
Christopher Cushing, 1794, deceased in Scituate 1819. Freeman Foster, 1799, physician in Scituate.
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Jotham Waterman, 1799, minister of Barnstable.
Anthony Collamore, 1806, physician in Pembroke. William T. Torrey, 1806, minister at Canandagua and Plym. Benjamin Hatch Tower, 1806, died early.
Henry S. Wade, 1822, physician in Hanover, died 1829. Francis Thomas, 1828, preparing as a physician.
The above list is probably imperfect, especially in the earlier part. We think it highly probable that several persons, born in this Town, may have been educated at other Colleges, but we pursue the inquiry no further. We will only add, that Joseph J. L. Whittemore is now a member at Harvard Uni- versity, and Charles Torrey at Yale. Rev. Wm. Collier grad- uated at Brown University 1797, and Joseph Litchfield 1773.
A list of the gentlemen who have practised Law in the Town.
Edward Foster, one of the first settlers. 2 had been lawyers John Hoar, who removed to Concord 1659. 5 in England. John Barker practised subsequent to 1676, a native of Duxbury. John Saffin, 1649, and a few years later. Thomas Turner, commenced about 1690. John Cushing, commenced about 1680. John Cushing, jr., commenced about 1725. David Little, from Marshfield, 1708.
William Cushing, about 1754, died 1810.
Nathan Cushing, about 1768, died 1812.
George Little, about 1807, a native of Marshfield, died 1811. John Thaxter, 1817, of Hingham, died 1825.
Ebenezer T. Fogg, 1821, of Braintree.
AFFAIRS OF GOVERNMENT AS CONNECTED WITH THOSE OF THE TOWN.
The laws of Plymouth Colony until 1639, had been made and executed by the Governor and assistants, the usual number of which was seven. These were elected by the whole body of freemen assembled at Plymouth annually, in the month of March. In 1642, however, the election was changed to the first Tuesday in June. The settlers had gone out into so many and so distant places, that it was found difficult for a sufficient number to attend in the inclement month of March, to give a just expression of the public mind at the polls. The Govern-
13
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ment having originated in a Pilgrim Church, it was very natural that church membership should be made an indispensable qualification for a freeman or elector .* In 1636, a fine of three shillings was ordered for not appearing at the polls in the annual election. The same year it was ordered that eight additional assistants should be chosen, "to acte for the whole bodie of the Commonweale." James Cudworth and Anthony Annable of Scituate were two of these additional assistants. The fine imposed in 1636, was soon found insufficient to secure the object, and perhaps inequitable; for in 1638, it was ordered and enacted : "Wheras it is inconvenient for the freemen to attend the Courts, each Town shall choose two Deputies and Plymouth four." This was the origin of the General Court.
The following is a list of the Assistants, Deputies, &c. from Scituate, from 1632 to 1692, when the Colony was united to Massachusetts.
ASSISTANTS.
William Gillson, 1632 to 1634, inclusively.
Timothy Hatherly, from 1634 to 1655, with the exception of 1638.+
William Gillson and James Cudworth, extra assistants in 1636. William Gillson and Edward Foster, extra assistants in 1637.₺ Timothy Hatherly and James Cudworth, assistants from 1656 to 1658.6
James Cudworth (having been restored to his proper place by Gov. Josiah Winslow, from which Gov. Prince's bigotry had for sixteen years excluded him,) was assistant again from 1674 to 1680, inclusively, when he was appointed agent for the Colony in England.
After Sir Edmund Andros, whose General Government of the New England Colonies commenced in 1686 and terminated in 1689, was seized by the people and confined to Castle Will- iam, the government of Plymouth proceeded again as usual until 1692, and John Cushing was assistant from 1689 to 1691, inclusively.
We will here add that Timothy Hatherly was Treasurer of the Colony in 1640: also a Commissioner of the United Colo- nies in 1645, 1646 and 1650. And James Cudworth was Deputy Governor 1680 : also Commissioner one year, viz. 1657.
* It was yielded up also in proper time.
t He was elected that year and declined.
# On account of Pequot War, (see Josiah Winslow).
§ They were then left out for their lenity towards the Quakers.
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DEPUTIES.
Anthony Annable ) 1639-40.
James Torrey
Edward Foster
Edward Foster 1641.
James Torrey 1663-4-5.
Humphry Turner
Isaac Buck
Robert Stetson
1666-67.
Edmund Edenden 1642.
Humphry Turner in Oct.
Isaac Chittenden
George Kenrick
Robert Stetson 1674.] addition-
Thomas Chambers 1643.
John Williams
Isaac Chittenden prospect of war.
John Williams
in Oct.
George Kenrick
John Williams ... 1644.
John Cushing
1676.
Humphry Turner
Humphry Turner John Lewis
1645-46.
Jeremiah Hatch
Robert Stetson
1677-78.
John Williams
John Bryant, sen.
Thomas Chambers John Williams
1648.
Jeremiah Hatch
1679.
James Cudworth
Jeremiah Hatch
Thomas Clap
1649.
Samuel Clap 1680.
James Cudworth 1650-1-2.
Capt. John Williams 1681. Samuel Clap
Humphry Turner James Cudworth
1653 to 56.
Samuel Clap
Edward Jenkins
John Bryant 1657.
Vacancy under Andros, G. Gov. Capt. Joseph Sylvester 1689.
Robert Stetson
Jeremiah Hatch
Isaac Chittenden 1658.
Capt. Joseph Sylvester
1690.
Robert Stetson
Samuel Clap
James Cudworth
1659*
Samuel Clap
Robert Stetson
Benjamin Stetson
1691.
Lieut. James Torrey
1660.
John Daman
Jeremiah Hatch 1675.
John Daman
Capt. John Williams in Oct.
Humphry Turner
1647.
John Cushing
al deputy on
John Cushing account of a
Richard Sealis ) at the ad- John Williams S journment. Thomas Chambers
Isaac Chittenden
Thomas King 1668.
Robert Stetson 1669 to '73.
Robert Stetson 1661-62.
John Cushing 1682 to 1686.
Robert Stetson
We add a few miscellaneous matters which relate both to this Town and the government of the Colony previous to 1692.
* Capt. Cudworth was rejected by the Court for his lenity to the Quakers, and not allowed to sit.
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The government of Plymouth Colony transacted all their business of legislation in one body, deputies and magistrates forming but one board, throughout the whole term of the sepa- rate existence of the Colony ; and we believe no serious em- barrassments ever occurred .* The question was agitated in 1650.
In 1636, a committee was appointed by the Court to revise the ordinances of the Colony : the committee consisted of four of Plymouth, two of Scituate, and two of Duxbury : those of Scituate were Anthony Annable and James Cudworth.
In 1654, Plymouth Colony set up the form of a government at Kennebec : two of the commissioners for this purpose were Timothy Hatherly and James Cudworth of Scituate.
#In 1658, Mr Hatherly was authorized to solemnize mar- riages. This was done for the accommodation of Scituate, Mr Hatherly having declined, or rather having been left out of the magistracy. We believe it was a license for that year only, because we observe that the people of Scituate for several succeeding years were obliged to resort to magistrates in Dux- bury and Plymouth, there being no magistrate in Scituate after 1658, until 1674.+
In 1665, the Town instructed their deputies "that they should move the Court to appoint some man in our Town to administer oaths, grant warrants and subpænas, and to marry persons, &c." but we believe the Court passed no order to that effect, being determined to punish Scituate for their want of assent to the persecution of the Quakers.
In 1665, though the Town was excluded from any part in the magistracy, yet they seemed fully attentive to the common weal, as appears by the following instructions to their deputies.
* In Massachusetts, frequent collisions happened between the deputies and magistrates, the magistrates claiming a negative on the doings of the deputies, though sitting in the same body : therefore in 1643, it was enacted " That the Deputies and Magistrates should sit in separate bodies and send each other their acts, which should not become law without a concurrence." Thus each had a negative on the other. Hence our present Senate and House of Representatives.
t Ministers were never licensed to solemnize marriages in Plymouth Colony : and in Massachusetts, previous to the union in 1692, the magistrates retained this office in their own hands with peculiar jealousy. In 1647, the Rev. Peter Hobart of Hingham, was invited by one of his own Church, who was about to be married in Boston, to accompany him and preach on the occasion. But the magistrates being informed of the circumstance, forbade it. In their veto, one reason assigned was, " We are not willing to bring in the English custom of Ministers performing the solemnity of marriage, which Sermons at such times might induce." (Winthrop, 2d. Vol. 314).
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"The Towne instructed their Deputyes to move the Corte that the Corte would be pleased to provide that law may bear its own charges; that the plaintiff suing for a juste debte may not lose his labour and charges in recovering his own: and that likewise the Court would be pleased to consider a greate abuse that is amongst us, by paying of juste verdicts with old rusty barrels of guns, that are serviceable for no man, unless for to work up as old Iron." (Scituate Rec. Vol. 6.) This is the first motion that we have noticed, towards our present equitable rules of levying costs of Court, and of legal tender. Probably Mr Cudworth was the author of it.
In 1658, the Colony Court for the second time ordered the laws to be revised, and for the first time to be published. Scituate bore no particular part in this revision, that we can learn. Indeed it was done by secretary Morton, by writing out a copy for each Town. The copy for Scituate is now extant in the Clerk's office .*
Again in 1671, a committee was raised "to peruse the laws and gather up from them or any helps they can get, and com- pose therefrom a body of lawes, and present them at the next Court for further settlement." This committee consisted of Gov. Prence, Major Winslow, Mr Thomas Hinckley, and Mr Walley. The volume was printed in 1672, by Samuel Green, of Cambridge. But this volume of laws met with objections, and in 1673 another committee was raised to make a revision and collect further from the written book of laws. The follow- ing transactions of the town of Scituate seem to relate in part to the new book of laws, and in part to apprehensions of some evil to arise to the Colony, from the accession of the capricious and tyrannical James the second.
Scituate, March 11, 1684-5, " The Town being met together and being sensible that some changes and alterations may fall upon our Colony, and being willing to contribute something to the general good, by way of instructions to our Deputies, do choose seven men to consider seriously of the premises, and to impart their apprehensions to the town before the next General Court. The men chosen are Capt. John Williams, Mr John Cushing, Jeremiah Hatch, Capt. John Briggs, Samuel Clap, Thomas Turner, Isaac Buck, sen." The committee on May 28th following, reported these instructions to their deputies.
* It is in secretary Morton's hand. The continuation from 1658 to 1665, is in Lieut. James Torrey's hand, and from 1665 to 1692, in the hand writing of Lieut. Isaac Buck.
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" Wheras it hath been the Endeavor of this Government for the faithful and impartial administration of Justice, to have recourse to the good and wholesome laws of England, and that no laws or orders of our own should infringe upon or be repug- nant thereto; yet notwithstanding our wilderness condition being so unparallelled with the state and condition of our Native Country, and ourselves unacquainted with the laws of England, may occasion some orders to be made wherin there may not appear so clear a precedent for them in the laws of England, as might otherwise have been, we do therefore commit it in trust to our Deputies, that the like care be still continued ; and that in respect of making any further orders, that they be dili- gently compared and revised with the laws of England, in all such cases provided ; and that in all civil actions commenced in any Court of this Government, if either party produce a known Law of England, in defence of his case or his person, it may be made publickly to appear that it is the law allowed of in this Government as the rule of Justice in all known Cases. And wheras there are divers acts and Court Orders yet extant, refering penalties to the judgment of the Court, without any penalty therunto annexed, that as circumstances may concur, it remains in the breast of the Judge to determine after the offence is committed, and thus give much ground to disaffected persons to entertain jealousy of partiality in Justice, being swayed according to affection or disaffection in the breast of the Judge towards the party offending, the which particular seemeth more than any other to differ from the privilege granted to us by the laws of our Nation, the which we leave with our deputies to alter, or perfect in that kind what may be already begun, hoping through God's goodness, that we may still enjoy our precious liberties, granted to us by our Gracious Sovereigns King James the first and King Charles the first and second, and by charitable constructions hoping to enjoy the like from King James the second. We also give in charge to our Depu- ties, that due care be taken that we have annually an able Secretary in place, and that all Justices in our Colony at each Court or Session give to the said Secretary a list of all fines, that the Secretary may record them in a Book, that the Depu- ties thereby may be able to call the Treasurers to a fair account, to the satisfaction of the Colony: and that Justices and all inferior officers in the Colony capable by law to receive fines by virtue of a known law, be required to give in the fines : and this to be annexed to their oaths. And that a clear and fair account be annually taken of the Treasurer, and that the
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Treasurer once in two years, clear and balance all his accounts with the Colony : and that the aforesaid Treasurer's effects, both real and personal, be liable to suit at Law to satisfy the fines made due to the Country ; and that no Treasurer in our Colony be capable of sustaining the office, until so cleared with the Country ; and the deputies to bring a true account therof to their respective Townships."
In 1673, the Town instructed their Deputies "to move the Corte that the Law concerning sending home Deputies may be altered, so that we may know what may be the just exception against them before our choice." This had reference to the new book of laws, and also to the fact that Capt. Cudworth, one of the Deputies of Scituate, had been rejected by the Court in 1659, as well as some others in the Colony.
May 27, 1686, "The Town being met together and the New Book of Laws being read, and being sensible of our inability to undergo the Change which this new form will oc- casion, and what consequences thereby may accrue, if changes shall come, and being desirous to prevent what may be hurtful, chose Mr John Cushing, Samuel Clap, Capt. John Williams, Cornet Robert Stetson, Jeremiah Hatch, Elder Thomas King and Isaac Buck, to draw up our grievances and impart their apprehensions to the Town before the next Court."
The committee reported (at the next meeting, May 27) the following instructions to their Deputies :
"The Town do require their deputies to do their utmost endeavor for the repealing or altering such acts or orders as they may judge inconsistent with the well being of this Colony or Commonweale : and wheras at our last meeting the Laws of this Colony being lately revised and printed and published at said Town meeting, and upon serious consideration therof the 'Town did apprehend several of said laws or orders to be unsuitable to our present condition, and of doubtful consequence how they will abide expected changes: as first-The consti- tuting of several Counties and County Courts and Regiments in this Government, which seemeth to have such influence in all manner of actings and transactings, as to alter the frame of our ancient Government, presages a threefold augmentation of the usual charges belonging to the Government. And it seems to deprive if not disfranchise, the freemen of their liberties, and the several plantations of their ancient privileges : wheras before, no publick charge could be assessed on the County or any part therof, but by their own vote or that of their representatives, it
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is now left to the disposition of others, without their consent or knowledge.
" Besides, there are several tracts of lands in this Colony suit- able for plantations, the purchasers wherof must be greatly wronged to be under a distinct power of Government over them and their estates, if that government please to raise charges on those estates, different from the free tenure on which they bought the lands, before these new constitutions creating a power in which the owners of those lands had no choice or vote, as witness Freetown, Punkateest* and Showamett.+
" Another inconvenience which they find in this model is, that it seemeth to deprive the soldiers of their wonted privileges, who being inforced sometimes by unavoidable providence to be absent from trainings, in which cases they had liberty of choice of such persons as should hear their reasonable defence, which is now left in the breast of particular men. This may produce inconveniences on both sides, impoverishing the individual without any considerable general profit.
" Another particular is a burden from which the Town de- sires to be relieved : that is, the Act of Court, Chap. 2. p. 6. denying any further account to be given or redress to be had, or replevin to be obtained against Rates and fines. In which Court Order there is no provision made to demonstrate how they appear to be just.
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