USA > Massachusetts > Plymouth County > Middleborough > History of the town of Middleboro, Massachusetts > Part 28
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JACOB TOMSON was the son of John Tomson, and lived near his father. He was born April 24, 1662, and died September I, Jacob Tomson 1726, aged sixty-four. He was one of the original members of the First Church, and selectman from 1697 to 1701 and again from 1706 to 1726, except in 1710, and representative to the General Court, 1716 and 1719.
In the local militia he was ensign in 1700, and in 1708
1 Much of this territory was included in the purchase made by Lieutenant John Tomson of William Wetis-pa-quin, sachem of the Neponsets, and included, with other purchases, about six thousand acres of land. Upon this land stood the log house built by John Tomson.
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HALIFAX
1664]
became captain. From 1720 he held a commission as justice of the peace, and was town clerk from 1706 for several years. His son Jacob, born in 1695, was town treasurer for several years and held various offices in town. His name is some- times confused with that of his father in the early records.
In 1703, at the time of the dissension on account of Rev. Mr. Palmer, he became dissatisfied and left the church for some time, desiring a recommendation to join the church in Plymouth.1 It occasioned much sorrow and hard feeling, and, as a result of a council, he and his family asked the forgive- ness of the church and were dismissed with great regret. He seems to have taken the lead in the deposition of Mr. Palmer and the conduct of the church in relation thereto.
He was distinguished throughout the old colony as a sur- veyor, and as a most excellent and upright magistrate. He bought into the Twenty-six Men's Purchase before the war, and surveyed and divided it among the proprietors in lots ; he also surveyed many of the other purchases from the Indians and settled many estates in this and adjoining towns. He was a man who had the respect, not only of the town but of the colony.
Upon the death of Lieutenant John Tomson, in the division of his estate, his homestead with about seven hundred acres of
1 "1703. The Church of Christ in Middleboro having laid Leut. Jacob Tomson & his wife (who upon some scruples & dissatisfaction withdrew from ye com- munion of ye church & desired a dismission to ye church in ye New Society in plimouth that being nearer to yr dwelling &c) undr publique censure for yt sd with- drawing & refusing to grant ym sd dismission he & his wife sent to this church to send ye pastors & messengers to Joyn in Councill wth ye Elders & messengers of ye churches of weymouth bridgewater & Taunton (whom he had sent to) to be attended on ye 26 Oct. 1703, ye church made choice of our brother William Shertleff & our Brother Nathaniel Morton to Go wth ye pastor & Eldr to ye ser- vice. It must also be observed yt ye Sabbath before ye Councill was to meet ye church in Middleboro also sent Letters to us to be wth ym (they Joyning wth Leut. Tomson in Councill) & sent also to ye chchs of Barstable and Sandwilch - ye sª Councill was attended on ye time abovsd & Came to a result yt Leu- tenant Tompson & his wife should make an acknowledgment for yt Irregular withdrawing from ye Communion of ye church and upon yt ye church should give ym a dismission to ye church in ye New Society in plimouth wch were both Com- plyed wth and attended."
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[1734
land fell to his son Thomas, who was born October 19, 1664. Among his intimate friends was John Morton. There is a tra- 20 Rn Morton dition that Mr. Morton often urged him to marry, saying that he had arrived at a proper age, then being twenty-five years old. He replied, "I will marry that daughter of yours " (pointing to his infant child Mary, then lying in a cradle) "when she is old enough." He evidently waited, for we find the record of his marriage to Mary Morton when she attained the age of twenty-five years. Thomas Tomson was a farmer and glazier, setting the diamond-shaped panes of glass in lead,1 and after the glass had been so prepared, adjusting it to the sash and window frames. At the time of his death, which occurred October 26, 1742, he was reputed one of the wealthy men in town, and was noted for his piety, large generosity, and wisdom in adjusting the various difficulties which arose among his neighbors. John Cotton said of him, "He was the wealthiest man in town, but what was more to his honor, he was rich toward God." 2
Among the other early settlers was Isaac Fuller, a son of the first pastor and a distinguished physician.
In October, 1734, nineteen members of the First Church were dismissed to form a church in Halifax. (See chapter on Ecclesiastical History.)
1 Brown paper saturated in oil was at first used for windows. (See chapter on Early Settlers.) Afterwards small panes of glass set in lead took its place for about one hundred years until the wooden sash was introduced.
2 Descendants of John Thomson, p. 30.
JOHN TOMSON'S PISTOL (From the original in Pilgrim Hall, Plymouth)
CHAPTER XXII
MUTTOCK
NDIAN names and traditions still linger about this place and give it a peculiar charm in its association with the past. The first comers gave it the name of Muttock, from Chesemuttock, one of the last of the Nemasket tribe of Indians, who resided upon the brow of the hill, now known as Oliver's Walk. The Indian name of Muttock was Pau-wa-ting, meaning " a swift river running between hills."
This was one of the favorite resorts of King Philip before the Indian War, the residence of Wettamoo, the queen of Wam- sutta, from which, towards the close of the war, she fled. Her body was found near Mattapoisett, stripped of regal attire. Near this place Mary Rowlandson first met King Philip in her captivity after the destruction of her house and family, and here the Indian chief received her kindly and took good care of her. It was here, in all probability, that the deputa- tion sent out in 1621 from Plymouth Colony to meet the great sachem Massasoit first stopped on their journey.
On Muttock Hill, a few rods northwest of the house recently owned by Cornelius B. Wood, was the burial-place of the tribe, reserved in the Little Lotmen's Purchase. In this immediate neighborhood, west of the site of the wigwam of Chesemuttock, was probably the meeting-place for the forty praying Indians in 1660.
In 1734 the Indians then living upon this reservation pe- titioned the General Court for leave to sell their land, which they alleged had become unprofitable by reason of long cul- tivation, while game in the immediate vicinity had become scarce. The petition was granted, and the Indians, after sell- ing the land here, moved to Titicut.
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[1739
The following is their petition with the action of the Gen- eral Court : -
To His Excelency Jonathan Belcher Esqr Capt Genll and Commander in Chief In and over his majesties Province of the Mafsechusetts In New England &c - To the honourable his majesties Council and house of Representatives In Genll Court afsembled Boston may 1730 The Humble Petition of Samuel Thomas of middleborough In the County of Plymouth & Province aforsaid Indian Planter humbly Sheweth That Petitioner (haith in his own Right) for many years last past lived on & improved a Certain Tract of land, lying in mid- dleborough aforsaid upon an hill Called Chassemuttuck which Tract of land Contains fourteen or fifteen acres and is now worn out by long Improvement & no firewood or fenceing Stuff on the same and it lyes four miles or more Dis- tant from any other Indian plantation and your Petitioner being old & feble and in no wise able to gett a livelihood off of the abovesaid land & and there being good Land enough att Tetticutt in middleborough aforesaid where your Peti- tioner Belongeth and haith good Right to take up and Improve what land he haith occession for Therefore your Petitioner humbly prayeth that your Excel- ency & honr would be pleased to take these things Into your wise Concidera- tion and Grant to your Petitioner Liberty to Sell his land att Chassemuttuck aforsaid unto Mr. Samuel Thacher of middleborough aforsaid (who haith Relieved me In my Necessity) to whome I am Indebted and to whom it Lyy very Conveniently att the value to be apprised by Such meet Persons as your Excelencey & honr. Shall appoint That therby your Petitioner may be enabled to pay his just Debts to Settle himself and to Settle his said lands att Tetticutt where he may be neer the meeting and have many other Conveniencey which he is now Destitute off and your Petitioner as In Duty bound Shall Ever pray.
we the Subscribers having been appointed
By the Great and Gen11 Court Trustees of the Judiary
att Tetticutt and being desired by Mr. Samuel Thacher the Petitioner abovsd to view the Circumstances of the abovsaid Lands and we having viewed the same, we find it almost Destitute of fence & fenceing Stuff and firewood wherefore we are Humbly of opinion That it may be best for the Petitioner if he may Sell the land abovesaid for the Value Thereof.
BENJAMIN WHITE. ESRA CLAP.
In the House of Representatives June 30th. 1739 Read and Ordered That John Allden and Elkanah Leonard Esqr. Be a Committee to Inquire into the Subject matter of this Petition That they Duly Consider the Same and Report Their Opinion att the next Setting of the Court what may be proper to be Done Thereon.
A Copy from Files E. E. C. JOHN WANRIGHT CLERK Repr.
In the house of Representatives Sept. 1739 Ordered that Ira Little Esq. (In the Room of John Allden Esq. Deceasª) be added to the Committee to Con- scider & Report upon the Petition above Referd & Report Thereon
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MUTTOCK
1739]
To all People To whom These Presents . . . Greeting Know yee That I Sam- uel Thomas of middleborough in the County of Plymouth in New England Indian man Planter For and In Conscideration of the sum of one hundred and fourteen pound to me In hand before the ensealing hereof well and Truely paid by Samuel Thacher of middleborough aforsaid merchant The Receipt whereof I do hereby acknowledge and my self Therewith fully Satisfied & Con- tented and Thereof and of every part and parcel Thereof, do exonerate acquitt and Discharge him the Said Samuel Thacher his heirs executors & administra- tors forever by These Presents : Have given, esranted, Bargained, Sold, aliend Conveyed and Confirmed and by These Presents, Do freely fully and abso- lutely Give, Grant, bargain, sell, aliene, convey and confirm, unto him the said Samuel Thacher his heirs and assigns forever, all that my Orchard Tract and parcell of land and meadow lyeing att a place, Called Chassemuttuck in middle- borough aforsaid Supposed to Contain Fourteen or fifteen acres be the Same more or less Bounded Northeasterly by the mane Stream of Namaskett River North westerly by the Indian land Sold to the owners of the Slitting mill and South westerly by a highway That leads from the County Rhod by Deacon Barrows to Pochade Southeasterly by the Land now or late belonging to En- signe William Thomas or however otherwise the Same is bounded or Reported to be bounded with all the fences and appurtenances to the same belonging, I being enabled by the Genl Court held in December and January last To Sell and Convey the Same TO HAVE & to HOLD the said Granted and bar- gained Premises with all the appurtenances, Priviledges, Commodities To the Same belonging, or in any wise Appurtaining To him The said Samuel Thacher his heirs & assigns forever To his & their only use Bennefit & behoof forever, and I the Said Samuel Thomas for my Self my heirs, executors, administrators do Covenant, Promise & Grant to and with him the said Samuel Thacher his heirs and assigns, That before the ensealing hereof I am the True Sole & law- full owner of the above Bargained Premises and am lawfully seized & possessed of the same in my own Proper Right as a good Perfect and absolute Estate of Inheritance in fee simple and have in myself good right full power and lawfull authority to grant Bargain sell convey and confirm said Bargained Premises in manner as aforsaid and that the Said Samuel Thacher his heirs and assigns Shall & may from time to time and att all Times forever hereafter by force and virtue of these Presents, lawfully peaceably and Quietly, Have, hold, use, occupy, Possess & enjoye the Said demised and bargained Premises, with the appurte- nances Free and Clear & freely & Clearly acquitted exonerated & Discharged off from all and all manner of Former or other gifts, grants, Bargains, Sales, Leases, mortgages, wills, entails, joyntures, dower, judgements, executions or Incumber- ances of what Name or Nature soever that might in any measure or Degree obstruct or make void This Present Deed - Furthermore, I The Said Samuel Thomas for my Self my heirs Executors & administrators Do Covenant & en- gage the above Demissed Premisses To him the Said Samuel Thacher his heirs and assigns against the lawfull claims or Demands of any Person or Persons whatsoever forever hereafter to warrant Secure & Defend by These Presents - Furthermore Elizabeth The wife of the Said Samuel Thomas is Consenting to
-
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HISTORY OF THE TOWN OF MIDDLEBORO
[1739
the Bargain & Sale of the Premisses and hereby Surrenders and yeild up her Right of Dower or Power of Third in The Premises to the Said Samuel Thacher his heirs and assigns forever. In wittnes whereof The Said Samuel Thomas and his wife have hereuntoo Sett Their hands and Seals The fifth Day of April Anno Domini one Thousand Seven hundred and forty Anno que R R Georgei Secundi Decimo Tertio
Signed, Sealed & Delivered by Saml Thomas In Presence of us
BENJAMIN WHITE EBENEZER BARROWS
SAMUEL X THOMAS (Seal) his mark
her
ELIZABETH X THOMAS
mark
The committee appointed on the petition of Samuel Thomas of Middleboro Indian planter, having examined into the subject matter of said petition are of opinion it is best for the petitioner to be entitled to sell lands mentioned in the said petition, the lands being much worn and the fences almost gone, there being not timber or fencing stuff on the land sufficient to repair the fences and the lands being hemmed in by English land chiefly under improvements, and it fully appears to us that the petitioner can't improve his land to advantage ; then we are also of the opinion that the land petitioned to be sold lieth more conveniently for Mr. Samuel Thacher, it being partly in his mill yard and adjoined to his land and mill and we are further of opinion that the said In- dian lands are worth about £100 - and that the same be sold and the produce arriving of thereby be applied according to the prayer of the petitions and agree- able to the order and direction of this court, all which is humbly submitted Dec. 21, 1739
ELKANAH LEONARD.
In the House of Representatives Dec. 27, 1739, read again and ordered that the prayer of the petition be so far granted and the petition is hereby allowed and empowered to make sale of the land mentioned in the petition for the most the same will fetch for proceeding herein - To observe the direction in the act of the province of the 6th. year of the Reign of his late Majesty King George Chapter 3d. relating to real estates and Elkanah Leonard Esq. with such as shall be joined by the Honorable Board are hereby desired and empowered to be aiding and assisting the petitioner and see justice done him in the premises, the produce thereof to be applied according to the prayer of the petition, they to render an account of their proceedings herein to this Court.
Sent up for concurrence
J. QUINCEY Speaker.
In Council January 2nd., 1739, read and concurred and John Cushing Esq. is joined in the affair Simon Frost Deputy Secretary Jan. 4th.
Consented to J. BELCHER.
We The Subscribers Being appointed by the Genll Court to see Justice Done the Said Samuel Thomas In the Sale of the within Land and we accordingly
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1744]
Pursued the Order of the Genl Court and attended the Sale and took Care that Justice was Done And In our Judgment the Land was Sold for the full worth
of it witnes our hand April 5, 1740
JNO CUSHING ELKANAH LEONARD
Recd march 3. 1740 and Recorded with the Records of Deed for the County of Plymouth Book 34, Folio 37-38
JOSIAH COTTON Reg
Recording 15 A True Copy Compared with the original by me SAMUEL THACHER
Here the first two settlers, Henry Wood and Ephraim Tinkham, lived.1 In 1734 Moses Sturtevant and Peter Brown built a dam across the river in place of the old Indian weir.
In March, 1734,2 Benjamin White, Samuel Eddy, Joseph Bumpas, Shubael Tinkham, and Mrs. Thomas petitioned the court for their " free consent to build a slitting-mill on Ne- masket River on land of Moses Sturtevant." They had al- ready agreed to erect the building, and had procured timber for the mill and dam. Objections were made by many to enlarging the dam and putting up such a mill, because it would interfere with the catching of herring, would spoil several Indian weirs, and so destroy multitudes of the young fish. Notwithstanding the opposition, the petition was granted, though the dam was not built until later. There had been before on this dam a grist-mill and sawmill, among the first erected after the reset- tlement of the town. This dam then, as now, had a sufficient opening for the passing of herring up to the great ponds, and very careful provision was made that the herring fishery should in no way be obstructed by it or by subsequent en- largements and improvements.
In 1744 Peter Oliver, a son of Daniel Oliver, one of the wealthy business men in the town of Boston and a brother of Andrew Oliver, who in after years became lieutenant-governor of the province, moved from Boston to Muttock and made it his permanent home. He was undoubtedly attracted by the
1 See chapter on Early Settlers.
2 See chapter on Civil History.
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[1750
OLIVER'S WALK
beauty of the place, and probably also by the notoriety it had attained from the petition of the remaining Indians dwell- ing at Muttock to sell their land and move to Titicut. Mr. Oliver was a graduate of Harvard College in the class of 1737, became a very prominent citizen in the colony, and per- haps did more for the town than any other individual. He early bought much of the land about Muttock, including the dam and water privilege, and at once proceeded to erect a forge and slitting-mill on the dam, and an iron foundry, known as Oliver's Furnace, a little below upon a point of land extend- ing into the middle of the river. The dam was considerably enlarged and strengthened for these new works. While it was being constructed, the bed of the river was changed by digging a canal above the pond, which extended near the stable of the late Earl Sproat, and ran into the river a little below. After- ward the ditch was carefully filled, although it can be traced at the present time in places.
A blast furnace at this period was heated entirely by wood, and the walls of the wood house, with which it was connected by a bridge over the river, can still be seen. Judge Oliver was enabled to secure large contracts from the Crown, so that in addition to hollow-ware, heavy ordnance, consisting of can-
1756]
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non, mortar, howitzers, shot, and shell, were here manufactured. Some letters relating to this are still extant.1
There is a tradition, which the subsequent owners regarded as true, that when Judge Oliver came to Middleboro there was but one other slitting-mill of the kind, and that in a town near Boston. So carefully was it guarded that it was impos- sible for any one to ascertain the kind of machinery used, or its method of operation. Judge Oliver agreed to give Hushai Thomas, a young man of remarkable mechanical skill, a cer- tain sum of money if he would build him a slitting-mill which should produce nail-rods equal in kind and quality to those
1 MIDDLEBORO', March 21, 1756.
GENTLEMEN, - Your Favour of 27th Febr. relating to supplyjng you with two Howbitzers I received on Saturday Night, & now send a Messinger to acquaint you that had I known of your having occasion for them 10 Days ago, I could have supplied you, but I finished my Blast 3 or 4 Days since; which I am sorry for, as I had been at a great Deal of Trouble & Charge to procure Mountain Ore to make warlike Stores, of which ore is of a far better Quality than any we have in these Parts, especially for Guns and Mortars. I have sent for more Mountain Ore, & expect to blow again this month, & if you should then want any Stores, I believe I can supply you with those of as good a Quality as can be made, for I am sensible of the Risque of making guns and Mortars from Bog Ore that I shall not attempt them again with that.
I am, Gentlemen, your very humble Servant,
PETER OLIVER.
MIDDLEBORO', May 21, 1756.
GENTLEMEN, - I received your Letter 19th instant this Day. I had already given my reasons for not writing, wch, whether they are sufficient or not, I must leave to you gentlemen to judge of.
The Carcasses are shipped, & I hope will be with you by the Time this Letter arrives, which I suppose are not engaged. As to the Granadoe Shells & Mortars, I have quitted them, & have lent Mr. Barker my Pattern for the mortars, who no doubt will send them soon, & had it been in my power to have forwarded the matter I should not have been wanting, but I have sent vessel after vessel, at great Expense, and have been daily expecting one after another with one proper to have a Furnace in order for stores of such Consequence, which, had they arrived, a few Days would have conveyed to New York sooner than they could be any other Way, unless they are made to Hand, for I had procured a Vessell to carry them.
I am, gentlemen, with great esteem yr very hum1 Servant,
PETER OLIVER.
To the Honble Committee of War.
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HISTORY OF THE TOWN OF MIDDLEBORO
[1762
made near Boston. Mr. Thomas suddenly disappeared from the town, and some apprehension was manifested lest evil had befallen him, although it was noticed that his wife and family did not share the anxiety of the neighbors. A few days after, an unkempt person was seen in the vicinity of Boston, apparently a foolish, demented fellow. After lounging about, sleeping in barns and wherever he could find accommodation, he became friendly with the boys as they came and went from school, often playing with them about the mill. One day, he noticed that the door was open, and with the boys following, innocently ran in. He was there but a few moments, and the next day left the place, taking with him the secret of the mechanism of the mill. The long-absent Hushai Thomas returned. The foundation of the slitting-mill was immediately laid, and when in running order it was found that his journey had not been in vain. The single glance at the machinery by "this foolish, unkempt fellow" was all that was necessary ; the nail-rods of Muttock could now rank with any in the province. This, with the business of the foundry, made Muttock the lar- gest and most enterprising village of the town. In addition to these interests, Peter Oliver was a large owner of real estate and one of the most prudent and successful farmers of the country.
In 1747 he was appointed judge of the Court of Common Pleas, and while occupying that position planned and super- intended the erection of the court house in Plymouth. In 1756 he was appointed judge of the Superior Court of Judi- cature, the highest court in the province, and in 1762 was ap- pointed chief justice. Later on, he presided at the trial of the British soldiers for the massacre on King's Street just before the breaking out of the Revolution, and his charge to the jury was regarded as a clear and impartial exposition of the law. His rank as chief justice made him the second man in the colony, no one but the governor being his superior. He rode from Boston to Middleboro in his coach, with outriders dressed in scarlet, maintaining the dignity and elegance of the judges of the highest court in Westminster, London.
Soon after coming to Middleboro, he built Oliver Hall, one
1750]
MUTTOCK
363
Peter Oliven
of the finest country residences outside of Boston. It stood upon the level tract of land between the two hills at Muttock, about two hundred feet back of the residence of the late Mr. Edmund Deane and a little west of the wall on the brow of Muttock Hill. He enclosed as a part of his grounds and park all of the land between Nemasket Street and the river. This was laid out after the manner of an English park and garden. Indications of the driveway around the base of the hill from the bridge to the end of Oak Street may still be seen. The
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[1750
principal entrance was through an avenue of trees from North Street opposite the former residence of I. D. Bump, follow- ing the road on the northerly side of the triangular common, at the top of Muttock Hill ; then turning, it passed in front of the residence of Edward Tinkham, and following the line of the road nearly to the house of the late Edmund Deane, turned again through an orchard until it came to the Hall. The other entrance was near the junction of Oak and North streets, at present indicated by a lane leading toward the pond. At the end of the lane the driveway divided, one part bordering upon the edge of the pond at the foot of the hill and the other passing over the brow and winding into the garden in front, and so connecting with the main driveway above referred to.
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