USA > Massachusetts > Plymouth County > Duxbury > History of the town of Duxbury, Massachusetts, with genealogical registers > Part 4
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1690. These hired common meadows of the town :
John Thomas,
13.£.
Francis West,
Peter West,
Widow Clarke, 5 £.
John Dillano,
7 £.
Joseph Prior,
John Simmons,
Samuel Hunt,
4 £.
David Alden,
Philip Delanoy,
Triphosa West, $8 £.
Samuel Bartlett,
Lt. Arnold,
Samuel Howland,
Thomas Dillano,
Joshua Chandler,
10 £.
Roger Glace,
John Weston,
Nathl. Cole,
12 £.
Benjamin Bartlett,
John Michel,
John Peterson,
Thomas Boney, Jr.,
Abram Sampson, Sen., 16 £. Abram Sampson, Jr.,
Mr. Allix Standish, 1.£. 6d.
" David Alden has paid all his rent for ye common medows."
1698, May 28 : A tract of land lying between the bounds of Plymouth and Duxbury, and held in common by the towns of Duxbury and Marshfield, was divided between these two towns by John Soule, Isaac Little, Seth Arnold, Samuel Sprague and Robert Barker.
1699, March 7: Town chose Abraham Sampson, Benony Delano and Samuel Sprague, "either to act on ye former act made to prevent ye cutting and carrying away coarde wood or any other timber out ye towne, or to make and prosecute such acts as they shall se cause to prevent ye carrying away such timber; ye towne voating to stand by them in ye prosecution of ye same."
June 15 : Town ordered a fine to be imposed on those who should cut timber on the commons, unless they carry it to the saw-mills; and further that no wood shall be cut to be carried from the town.
July 17 : Appointed Francis Barker, Robert Barker, Joseph Rogers, John Boney, James Bishop and Isaac Barker a com- mittee to prevent the cutting and the carrying off the timber from the town's commons.
1703 : Measures were about to be taken by the town for a division of the commons; but was deferred on the remon- strance of the following, May 17th :
Edward Southworth, Thomas Delano, Sen., Philip Leonard, John Delano, Stephen Samson, Caleb Samson,
John Simons, Elnathan Weston,
Philip Delano, Sen., Thomas Boney,
Peter West, John Glasse, -
Caleb Sampson,
37
PROPRIETORS OF COMMONS.
Joseph Chanler, Sen., Edmund Chanler,
Samuel Delano,
Josiah Wormwoal,
Nathaniel Cole, John Weston,
Jonathan Delano,
Benj. Delanoe,
Joshua Turner,
Abraham Sampson,
John Bishop,
Philip Lathley,
Benj. Prior,
Samuel Hill,
Isaac Oldham,
Thomas Fish, .
Isaac Peirce, Sen.,
Thomas South worth,
Thomas Delanoe.
1707, Sept. 12. Voted to every freeholder and housekeeper twenty acres of the commons, and to those, who had had pre- vious grants, enough more to make up the said twenty acres ; and, June 5, 1710, it was divided among the freeholders of the town, as follows :+
Robert Barker, Sen.,
Robert Barker, Jr.,
Francis Barker, Lt., Isaac Barker,
Francis Barker, Jr.,
Josiah Barker,
Isaac Simonson, Joseph Simonson, Joshua Simonson, . . 7
James Barker,
Edmund Chanler,
Samuel Barker,
Samuel Chanler,
Jabez Barker, 11
*Philip Delano, deceased, Philip Delano,
John Chanler, Benj. Chanler, Joseph Chanler, Sen.,
Samuel Delano,
Samuel Delano, 2d.,
Samuel Delano, 3d., Jonathan Delano,
Abraham Peirce, Jr.,
Dr. Thomas Delano,
Benony Delano, Joseph Delano,
Isaac Peirce, Thomas Peirce, . 6
John Delano, Thomas Delano, Jr., . . . 11
Abraham Sampson, Sen.,
Abraham Sampson, Jr., Stephen Sampson,
Benjamin Sampson, John Sainpson, Caleb Sampson,
*Joseph Wadsworth, . . . . 6 William Brewster, Sen.,
Ichabod Sampson,
William Brewster, Jr., Benj. Brewster, Nathl. Brewster,
Nathl. Sampson, David Sampson, . . 9 Jonathan Brewster, . Benjamin Bartlett, Sen., . 5 Mr. David Alden, Benj. Bartlett, Jr., Ichabod Bartlett, John Alden, Jonathan Alden, Benj. Alden, Samuel Alden, . 5
William Bartlett, Samuel Bartlett,
Joseph Bartlett,
Thomas Boney,
*Ebenezer Bartlett, . . . . . 7 John Simonson, Sen., John Simonson, Jr., John .Simonson, 3d., Benj. Simonson,
Thomas Barker,
Elisha Barker,
Joseph Chanler, Jr., . . . . 6 Abraham Peirce, Sen.,
John Peirce, Samuel Peirce,
*Mr. John Wadsworth, Christopher Wadsworth, Elisha Wadsworth, Ichabod Wadsworth, John Wadsworth,
t This division was made by F. Barker, S. Bradford, and S. Seabury.
William Tubbs,
38
PROPRIETORS OF COMMONS.
Joseph Boney,
Samuel Tubbs, 3
Ebenezer Boney,
Elnathan Weston, Samuel Weston,
John Boney,
5
John Weston, . 3
Josiah Kein, Sen.,
Josiah Wormall, Sen.,
Josiah Kein, Jr.,
Josiah Wormall, Jr.,
John Kein,
Ebenezer Wormall, . 3
Benj. Kein,
Thomas Hunt,
Matthew Kein, . . .5
*Samuel Hunt, dec'd. 2
Benj. Peterson,
James Partridge, John Partridge, 2
John Peterson,
Jonathan Peterson,
Isaac Stetson,
Joseph Peterson,
Timothy Stetson, 2
Isaac Peterson, 5 Caleb Thomas,
Joseph Soule,
James Thomas, 2 Samuel West,
Joshua Soule,
Pelatiah West, 2
Aaron Soule,
Abraham Booth,
Josiah Soule,
5
Mr. Samuel Bradford, Lt.,
Mr. Edw. Southworth,
Lambert Despar,
Constant Southworth,
Nathl. Chamberland,
Benj. Southworth,
Thomas Fish,
John Southworth,
Samuel Fisher,
Thomas Southworth, . . . 5
John Glass, Samuel Hill,
John Bishop,
Widow Hutson,
Hutson Bishop,
Thomas Lambert, Jr.,
Ebenezer Bishop, . 4
Mr. Thomas Loring, Ens.,
Samuel Sprague, Sen.,
** Samuel Sprague, Lt.,
** John Sprague,
Joseph Michell,
William Sprague, . 4 Edward Arnold,
Isaac Oldham,
Capt. Seth Arnold,
Thomas Parris, Benj. Prior,
Benj. Arnold, 3
Nehemiah Randall,
Nathl. Cole, Sen.,
Mr. John Robinson,
Nathl. Cole, Jr.,
John Saunders,
Ephraim Cole, 3
Mr. Samuel Seabury,
Josiah Holmes,
Israel Silvester, Miles Standish,
William Holmes, 3
Robert Stanford,
Joseph Rogers,
Joseph Stockbridge,
Timothy Rogers,
Japheth Turner,
Francis Rogers, 3
George Williamson,
William Tubbs, Sen.,
Mr. Peleg Wiswall,
Joseph Tubbs,
John Russell. . 29 of one each.
Note. Those marked with a ** should be read :- " The proprietors of the farm that [the name] lives on." Those marked with a single * to read " The proprietors of the farm of [the name]."
In has been deemed proper and desirable to insert several lists of a similar character to the foregoing, which, on account of their genealogical importance, ought to be preserved. Nor are they entirely devoid of a general interest, for they serve to show us the ratio which one family bore to another in regard to their numbers at that time. Of the 166 persons abovenam- ed, there are 58 family names; and of the Barker family,
John Holmes,
Elias Magoon,
John Magvarland,
James Bishop,
Moses Soule,
James Boney,
39
PROPRIETORS OF THE SECOND DIVISION.
which was then, it will be seen, one of the most numerous in the town, there is now scarcely a representative, and the same can be said of other families mentioned in the list.
1710, January 30: Voted, that every proprietor of a lot, with a dwelling thereon, if he had been a townsman ten years, should have 40 acres allotted to him; and those, who have had previous grants, to have enough more to make up the 40 acres. Elnathan Weston, Joseph Peterson, Samuel Chandler, John Simmons, Sen., Stephen Sampson, Joseph Chandler, Sen. and Edmund Chandler petitioned against it. At an adjourn- ed meeting, on February 1st, Lt. Samuel Bradford, John Par- tridge and Joseph Stockbridge were appointed to procure a surveyor to lay it out. At the same meeting a petition was presented from the young men, asking one half a share in the intended division; which was granted to them, notwithstand- ing the remonstrance of Israel Silvester, Benj. Chandler, Caleb Thomas, Aaron Soule and Thomas Fish, and of Mr. Loring and Benony Delano, who were opposed to the division at all. These commons (salt meadows *) were divided into 33 lots of five shares each, and not until June 16, 1712, were they distributed by lot to the proprietors, who were as follows: -
Delano, Samuel, Sen.,
Samuel, 2d.,
Sampson, Caleb, David, Simmons, John, Sen.,
8
*
Philip,
66 John, Jr.,
John,
66 Benj.,
Benoni,
Joseph,
66 Thomas, Sen.,
Joshua,
Thomas, Jr.,
66
Jonathan,
Benj., .
7
66
Joseph,
*Bartlett, Ebenezer,
Philip, .
. 11
Benj. Sen.,
Barker, Thomas,
66
Benj. Jr.,
66 Josiah,
Lt. Francis,
Chandler, Samuel,
Francis, Jr.,
Edmund,
66 Isaac,
Joseph, Sen.,
Joseph, Jr.,
Robert, . . . 9
John,
Sampson, Stephen,
Benj.,
6
66 Benj.,
Peirce, Samuel,
John,
66 Abraham, Sen.,
Nathl.,
Abraham, Jr.,
60 Ichabod,
66 Isaac,
Abraham,
66 John,
.
James,
William,
Elisha, deceased,
Samuel,
Joseph, . . 6
Samuel,
John, deceased,
Samuel, 3d.,
* This vote was passed at a town meeting, May 16th, 1711 : " That all their salt marsh, common meadows, with all their salt and sedge islands and sedge flats that are above the Cove of the beach, so called, should next be laid out."
40
PROPRIETORS OF THE SECOND DIVISION.
Peirce, Thomas, . . 6
Thomas, Samuel,
Wadsworth, Elisha,
*
Joseph, deceased,
James, 3
66 Christopher,
*
John, deceased,
Sprague, William, 66 Lt. Samuel,
John,
John, . 3
66 Ichabod, . . . . 6
Alden, David,
66 Benj.,
66 Samuel, . 3
66
Samuel,
Wormall, Josiah, Sen.,
John,
Josiah, Jr.,
66 Jonathan, . 5
66 Ebenezer, . 3
Boney, John,
Rogers, Timothy,
Joseph,
66
James,
66 Francis, . 3
66 Ebenezer, . . 5
Brewster, William, Sen.,
William, Jr.,
Nathl.,
66
Benj.,
5
Magoon, James,
Kein, Josiah, Sen.,
Elias, . 2
66 Josiah, Jr.,
Stetson, Timothy,
Matthew,
Isaac, . 2
66 John,
Tubbs, Sumuel,
Benjamin, . . . 5
Joseph, 2
Peterson, John,
West, Samuel,
Pelatiah, 2
Benjamin,
*Wiswall, Ichabod, [dec'd ?] 66 Peleg, . 2
66 Isaac, . 5
Booth, Abraham, Bradford, Lt. Samuel,
66 Aaron,
*Clark, Henry, Despar, Lambert,
66 Joshua,
66 Moses,
Fish, Thomas,
Joseph, . 5
Fisher, Samuel,
Southworth, Edward,
Glass, John, Hill, Samuel,
Constant,
Howland, Thomas,
Benjamin,
Loring, Thomas,
66 John, . . 5
Magvarland, John,
Bishop, James,
Oldham, Isaac, Parris, Thomas,
Ebenezer,
Hutson,
Prior, Benjamin,
John, 4
Randall, Nehemiah,
Arnold, Capt. Seth,
Robinson, John,
66 Edward,
Russell, John,
66 Benjamin, . . . 3
Saunders, John,
Cole, Nathaniel, Sen.,
Seabury, Samuel,
66 Nathaniel, Jr.,
Silvester, Israel,
66 Ephraim, . . 3
Standish, Miles,
Holmes, Josiah, 66 John,
Stanford, Robert,
Stockbridge, Joseph,
William, 3
Williamson, George. . . . 24
* 66 Samuel, 2
Hutson, Widow, 66 Anne, . 2
Partridge, James, 66 John,
2
John,
Thomas,
Hunt, Thomas,
Joseph,
Weston, Elnathan, 66 John,
Caleb,
Joseph,
Jonathan,
Soule, Josiah,
Thomas,
Note. Of the 165 persons above named, there are 56 family names. Those marked *, to be read, " the proprietors of the farm of [the name]."
41
TOWN'S COMMONS.
1712, Oct. 6 : Town appointed Capt. John Alden, Joseph Stockbridge and John Partridge to assist the surveyors in lay- ing out these lands. Capt. Alden refusing to serve, Capt. Thomas Barker was chosen in his stead.
1713, Dec. 11: Lots were drawn in the last division " of upland and swampy " lands in Duxbury and Pembroke, (ex- cepting the Cedar swamps), by 152 proprietors. The Cedar swamps were divided into 34 lots in June, 1714.
1747, Sept. 28 : At a meeting of the proprietors of Duxbury and Pembroke, of the second division, Edward Arnold, Esq., Capt. Nehemiah Cushing and Joshua Soule were authorized to receive the claims of those who had not had any grants, and make report ; which they did Nov. 30. This said meeting adjourned to the 2d Monday in March, when they chose Dan- iel Lewis, Esq., Mr. Samuel Seabury and Mr. Samuel Weston to take the claims of persons in the Salt meadows, and to see who were qualified to vote at the proprietors' meetings.
1748, May 10. The said committee brought in a list, which was recorded .* They then voted to divide the common mea-
* The list was as follows :
" John Wadsworth, (4 rights), Joshua Soul, (12 rts.),
Elisha Wadsworth,
John Peterson's heirs,
Thomas Boney,*
Isaac Peterson's heirs,
Joseph Delanoe,
Joseph Soul,
Thomas Loring, dec'd,* (2 rts.),
Gamaliel Bradford, Esq.,
Joseph Freeman,
Thomas Southworth's heirs,
Mr. Samuel Seabury,
Christopher Wadsworth, (2 rts.), Benj. Wadsworth,
Eben'r Samson,
Benj. Southworth,
Abraham Samson, (2 rts.),
Benj. Bartlit, (dec'd),*
Wm. Bartlit's (dec'd) heirs,
Benj. Simmons,
Philip Delano, (2 rts.),
Isaac Simmons,
Thomas Hunt, (1} rts.),
Thomas Delano, Jr.'s (dec'd) heirs, Benj. Peterson,
Samuel Baker,
Samuel Chanler's heirs,
Thomas Prince, Miles Standish,
Joseph Chanler, Sen.'s heirs,
Joseph & Joshua Brewster,
Capt. John Chanler,
Joseph Chanler, Jr.'s heirs,
William Brewster, Israel Silvester,
James Glass, Moses Soul,
Robert Stanford, (2 rts.),
Benj. Alden's heirs, (2 rts.),
John Sampson, (3 rts.), Samuel Sprague,
Samuel Alden,
John Sprague, (1 rt.),
Nathl. Brewster, 1 Abijah Sprague, S
Nathaniel Cole, Sen.'s, heirs,
6
Samuel Delanoe's heirs,
Samuel Alden, Jr., Jonathan Alden,
James Partridge,
Joshua Delanoe, John Southworth, (2 rts.),
Wm. Southworth,
Moses Simmons,
John Simmons, Jr.'s heirs,
Joseph Simmons, Joshua Simmons,
John Chanler, Benj. Chanler, (2} rts.),
Benj. Prior, Mr. Peleg Wiswall,
Jonathan Delanoe, Nathl. Samson,
Josiah Soul,
42
PROPRIETORS OF COMMONS.
dow in this manner, -to divide the 168 shares into three portions, and that some indifferent person should draw lots for each portion ; and the same committee, last named, were chosen to perform this division.
1749. Difficulties afterwards arose between the town and the above named proprietors, and at a meeting of the town, June 19, they voted that they would not leave the contentions to be settled by referees. The proprietors then, through their agent, Mr. Joshua Soule, commenced an action before the Court for " trespass and ejectment" in the town's mowing the salt meadows. The action was not brought on at this time ; but in January 1750, Mr. Soule was again chosen with full power to sue the town for the damage done them at Rouse's point, to the amount of £200. A summons was soon after served upon the town, by the proper officer, to appear before the In-
Jabez Cole, Ephraim Cole,
Hudson Bishop, Isaac Oldham,
Isaac Partridge,
John Russell,
Samuel Weston, (2 rts.),
John Mackverland,
Samuel Delano, ye 3d's heirs, Ebenr. Fish,
Josiah Kein's heirs,
Caleb Samson,
David Samson,
Matthew Kein's heirs,
James Thomas,
Benj. Kein's heirs,
Samuel West,
Lambert Despar's heirs or assigns,
Palitiah West,
John Saunders's heirs,
Henry Clark, (dec'd),*
Francis Rogers' heirs,
John Weston's heirs,
James Magoon,*
Joseph Boney's heirs,
Nathl. Chamberland's heirs,
William Tubbs, Sen.'s, heirs,
Edward Arnold, Esq., (4 rts.),
James Arnold,
That was Abraham Booth's,*
Benj. Prior, Jr.,
Josiah for John Kein's right,
Geo. Partridge,
Isaac Stetson,
Ebenr. Bartlit,
Isaac Tubbs for Tho. Parris' right,
Joseph Stockbridge,
Henry Joseling for James Boney,
Lt. Francis Barker,*
Tho. Burton for Abra. Peirce, Jr.,
Josiah Barker's heirs,
Elisha Barker's heirs,
Isaac Crooker for Isaac Parris,
John Boney's heirs,
Thomas Peirce, Aaron Soul, Jr., (3 rts.),
Timothy Rogers' heirs,
Timothy Stetson,
Morris and Jacob Tubbs, for Joseph Tubbs' right,
Robert Barker, Jr.,*
Joseph Rogers,* John Bushop,
Beriah for Dr. Thomas Delanoe, Benoni Delanoe,
James Bishop,*
Eph. Norcut & wife and Mercy - Curtis for Ebenr. Boney,
Nehemiah Randall,
Thomas Lambert, Jr.'s heirs,
Eben. Wormal's heirs,
Samued Jacobs for right,
Benj. Brewster,
Saml. Barker's S'
Benj. Bartlett, Jr.'s heirs."
Note. Those marked [*] to be read " the proprietors of the farm of -. "
---
Isaac Kein for Josiah Kein, Jr.'s heirs,
Josiah Wormal, Jr.'s heirs,
Isaac Barker, (2 rts.),
Joseph Bartlit,
Isaac Hatch for Josiah Holmes,
David for Elias Magoon,
43
MILLS, DAMS, ETC.
ferior Court at Plymouth in May. This action was continued, though not completed by Mr. Soule, until April 20th, 1752, when the proprietors transferred the power granted him to Messrs. John Sampson and Briggs Alden. The decision of the Court was not however in their favor ; but recovered damages from them for the town in the sum of £1. 9.6. On account of the refusal of the proprietors to remunerate Mr. Soule for his trouble in the prosecution of the above named case, another action was commenced against them at the Plymouth Court ; whereupon the Proprietors met and chose an agent to meet the said Soule at Court.
MILLS, DAMS, ETC.
GRIST MILL. 1639 : Previous to this date, the town's people had been obliged to procure their grist from Plymouth, which was very inconvenient, and now began to be much in want of one of their own. Having found two individuals, Thomas Hilier and George Pollard, who would agree to erect it and sustain it on the following conditions, the town also agreed to be bound to the contract on their part, for securing to them certain privileges. At a meeting of the town, Nov. 7th, Hilier and Pollard agreed " at their owne pper cost and charges to build, frame and set up one sufficient water milne to grind corne on both English and Indian, within the terme of one whole yeare next after the date hereof. As also Stampers to beate Indian corne at, as speedyly as possibly they cann, and to build the said milne and Stampers upon a certaine brooke comonly called or knowne by the name of Stony Brooke." (This brook was afterwards called Mill brook.) The town then agreed : -
I. To allow no other mill to be erected in the town, until they shall not be able to supply the town's wants.
II. To exert their influence in procuring for them the com- mons, next north of the brook.
II. To allow them £6 pounds to purchase the adjoining lands of John Irish and Henry Wallis.
IV. To grant them other lands, and to permit them to charge a "pottle of corne for grinding every bushell," and to allow them to hold it, themselves and their heirs, forever.
This' was signed by William Collier, Jonathan Brewster,
44
MILLS.
Christopher Wadsworth and Myles Standish in behalf of the town.
1640: They petitioned the Colony Court for liberty to place a mill here, &c., whereupon Mr. Collier, Capt. Standish, Mr. Alden, Mr. Brown, Mr. Winslow and Jonathan Brewster were appointed " to take view of the water course, that should be turned to the milne and make report of it, how prjudiciall it may bee." The above committee soon after reported, "that the same will not be any way prejudiciall to any man ;" and then the Court granted unto said Hilier and Pollard, that they "shall have liberty to turne that part of the said streame so viewed into the said milne." At a later period the mill came into the hands of Constant Southworth. In 1746 John South- worth owned it, when he shared it with Dr. Harlow, George Partridge and Joshua Delano.
1767. Liberty was given to Joseph Drew to build a grist mill on Bluefish river.
SAW MILLS. 1701: "Capt. Seth Arnold with some other partner or partners, whom he may take into partnership with him, having an intention to build a Saw-mill on Green's har- bour brook, ye said Town did by vote, give free liberty to ye inhabitants of ye said town of Duxborough to cutt and carry off any timber from ye comons of ye said town to ye said saw mill, to keep ye said mill in Imployment."
The only saw mill in the colony for forty years after the settlement at Plymouth, was within the present limits of Pem- broke, then Duxbury.
1742. Reuben Peterson owned a saw-mill on Phillip's brook ; but the stream being small, he made an agreement (1770, Nov. 23) with Consider Simmons, so that, for 12s. yearly, he might have the stream of the Black-Frier-brook by a ditch, where it runs through the said Simmons' land.
DAMS. 1693, May 10: Liberty was given to Robert Bar. ker to build a dam on Pudding brook at the Beaver dam.
1702, June 15. Town gave liberty to Ensign Saml. Sea- bury to make a dam " upon Island creek pond brook, provided that he leaves a sufficient and free passage for ye herrings up and down, and also makes a sufficient cartway over ye said brook."
45
BOUNTIES, FINES, ETC.
1655 : A bounty was early offered by the Colony Court for every wolf and other wild animal, that should be killed ; and in the records frequent mention is made of various wolf-traps belonging to the settlers ;* and a report of the number of wolves killed was generally made to the Court. This year there was reported one wolf which was killed in Duxbury by an Indian.
1661 : The Court ordered that there should be given to every Indian, who should kill a wolf, one half a pound of powder and two pounds of shot or lead.
These animals were sometimes killed near the thickest set- tled parts of the town, though they generally frequented the woods in the western part in the greatest numbers; and it was not without some difficulty that one of them could be slain ; yet they were not unfrequently taken in traps. In 1686, in the town's book of expenses, we find this, - "For a wolfe to an Indian, 7s. 6d.," and many other records of a similar character.
1693 : May 10. Ordered by the town that " every house- holder shall kill one crow and six blackbirhds, or twelve black- birds. Such as kill no crow, between May 1 and July 1 must pay 1s. for Town's use."
1731, March 1: " Voted that there should be payd out of ye sd Town's Treasury Twenty Shillings for every wild cat, that may be killed within this town, by any of ye inhabitants thereof, to ye persons that may kill them, viz., Twenty Shil- lings above what is allowed for killing wild cats of ye province Treasury."
1737, March 14: The Town ordered that to any person, who should kill a crow, six pence should be given; and for a crow bill black bird three pence ; and for a bluebird, " of that kind, which usually destroys indian corn," three pence.
1758. Herring Fishing. The Town voted " that no her- rings shall be caught upon Saturday or the Sabbath day dur- ing the present year ; nor between sunset and sunrise on other days," and Joseph Russell was appointed to see it obeyed.
1770, March. Town voted that herrings may be caught on Saturdays and Mondays between sunrise and sunset.
* Collier's " woolftrap " is mentioned as early as 1638 ; also Dingley's and others.
46
ORDINARIES .- COLLIER, SOUTHWORTH,
ORDINARIES.
THESE puritan taverns could not be kept, according to law, without a license by an express order of the Court. And it has been said, that it was only to the grave and sober that this license was given, and upon them it was enjoined that perfect quiet should be required in their apartments, and that care should be taken that none "drink over much." The rigid justice of the magistrates did not overlook the slightest deviations from propriety, and the records of their proceedings bear ample testimony to the efficiency of their own labors, and those of their not less scrupulous constituents. None escaped the searchings of their suspicious eyes, and both the high and low, on their complaint, were forced to receive jus- tice by the law, and have their names recorded, to be handed to posterity as memorials, perhaps, of their own folly, in that they behaved themselves "in a beastly manner," and acted "unseemly in the sight of God." Nor can the searching eyes into musty rolls of the present day complain of this, as regards their own desires, for many, and worthies too, but for their trifling imprudences, have not a record of their being, save in the chronicle of crimes. That men of the highest respectabil- ity were selected to retail the " strong water " was certainly the case ; for we find that in 1660, Mr. Collier, who was eminently distinguished in the public affairs of the colony, was licensed to sell the beverage to his neighbors in Duxbury ; and it can be justly considered that one, who is well known to have been one of the wealthiest among them, would not have selected this as a means of gain, but rather at the in- stance of the magistrates, who well knew him to be a sober and discreet man, and one who would not be likely to suffer any transgression of their laws. Constant Southworth, who is likewise known to have been a man of the highest respecta- bility, and one of the Deputies, was permitted, in 1648, to sell wine in Duxbury.
However, the first Ordinary in the town was kept by Fran- cis Sprague, who, though he may have manifested an ardent temperament on some occasions, * yet it must be presumed he
* He had been previously fined to the amount of £20 for killing a mare of Thomas Hatherly on some provocation, and had recently been arraigned for beating Wm. Holloway, a servant of William Basset. We also find him a transgressor of that law, which the Colonists saw fit to enact for the more perfect security of their lives, that none should sell fire-arms to the Indians. Such Indians, however, as the magistrates knew to be well-disposed and sober, were permitted, by the express order of the Court, to purchase arms for themselves.
47
SPRAGUE, AND SEABURY.
was of the sober class. His license was granted, Oct. 1, 1638, " to keepe a victualling on Duxburrow side," and was recall- ed by the Court in 1666, though for what reason is not stated. In the discharge of his duty, he did not always act in that strict conformity and exactness to the notions of the rulers, which would have removed his name from connections which, at this distant day, seem rather disreputable. He appears to have been somewhat independent in his feelings, and not en- tirely free from those charges, which in nowise became his situation ; and in the same year that he received his license, he was fined to the amount of 40 shillings, for - what it was incumbent on him to admonish - " drinking overmuch." His license was once withdrawn for a short time in 1639; yet continuing "draweing and retayleing wine contrary to the expresse order of the Court," he was fined, and in 1641 was prohibited " to dray any wyne or strong water untill the next gen[er]all [Court], without speciall lycence." The latter part of his life, however, is marked by none of those misdeeds which we find in his earlier days. He was succeeded by his son, John Sprague, who was licensed in October, 1669. He partook somewhat of the character of his father, and contin- ued as keeper of the ordinary until his death, in 1676.
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