USA > Massachusetts > Plymouth County > Middleborough > History of the town of Middleboro, Massachusetts > Part 39
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499
HERRING FISHERIES
1700]
VIEW OF HERRING-WEIR, MUTTOCK
was a fishing-weir built by the Indians, from which they were in the habit of taking herring, and another near the dam a little above the wading-place at the Star Mills. There may have been another fishing-place upon the Nemasket River in the rear of Mr. Lorenzo Wood's house. As long as the Indians lived in town, they continued to take the fish from these weirs, and the town made generous provision for their supply.
The herring and all that pertains to their protection have always been jealously guarded by the town, and probably no subject in the commonwealth has given rise to more enact- ments than that relating to the protection and the catching of alewives. The alewife takes its name from the Indian word "aloof," meaning a fish.
Since the first introduction of water power as a means of propelling the machinery in the different factories and from the building of dams, great care has been taken to see that these did not in any way interfere with the fish going into the ponds in their season, nor with the catching of them at different weirs. From the earliest times many applications were made by the dwellers upon the river for the privilege of erecting new dams, and of catching fish in other places than at Titicut,
500
HISTORY OF THE TOWN OF MIDDLEBORO
[1700
Nemasket, and the New Works, but these petitions were inva- riably refused by the town.
For more than a century each inhabitant was entitled, upon the payment of a moderate sum, to have two hundred fish. Widows, spinsters, and those who for various reasons were unable to procure this supply had that number given to them. Agents were appointed every year to superintend the catching and the distribution of the fish, to collect the money due, and to see that the fish were properly guarded, and that none were caught except at the weir, by those authorized by the town, and at times appointed. Two days, sometimes three, in the week the herring were allowed to pass up into the ponds, but after sunset, men, as well as boys, had their hiding-places to catch the fish secretly, and boasted of their thefts afterwards and of their escape from the fish wardens. Many a one at night, stealthily fishing below the water- STICK OF HERRING wheels of the different mills, found the gates suddenly open and a body of water rushing upon him sufficient to wash him into the stream, and with great difficulty he would escape drowning. The officers were subjected to great indignities, such as an ingenious and reckless company of enterprising youth could suggest. It was thought the best of sport, and the convictions were so infre- quent that these escapades were regarded with special zest by a large number of people who would probably not care to have their names known.
The records are filled with votes relating to this matter, from which may be cited : -
" At a Town meeting March 29th., 1706, the town hath agreed with Samuel Pratt and Ebenezer Tinkham Junior, to make up the weir and take the fish both this year and the next year, in the same manner as they used to be taken, and for
501
HERRING FISHERIES
1716-42]
the same they are to be paid six pence a load in money by those that have the fish, to be paid by the first day of June each year and the weir to be made up by the twelfth day of April each year, and that each man in the town shall have his turn to take one load of fish before any man shall have two loads, and so to keep turns, except when there is a glut of fish that come faster than they are fetched away by those that have not had their turns, in such case any man may take them, but they shall also be counted to him in the next turn ; and in taking turns he that first brings his cart to the weir shall have the first turn and that when any man in his turn hath had fish enough for what land he doth improve that then his turn shall cease, and that if any man shall presume to take and carry away fish, more than his turn, as aforesaid, he shall pay a fine of twenty shillings a load; and the town to make choice of and empower Mr. Isaac Howland and Ensign Joseph Vaughan to prosecute any breach of the aforesaid order upon complaint made to them, and they to be paid out of the said fine, for what charge they shall be at, concerning the same, and the rest of said fine shall be turned over by them unto the selectmen for the town's use."
" It is voted that each man that had no fish the last year, shall have their turns to take a load of fish before any that had their turns the last year have any, provided they have their carts ready at the weir to take them when they come down and not else."
"It is also voted that if there be any man in the town that doth not plant any Indian corn, he shall have no turn of fish, and he that plants so little that he needeth not a whole load of fish for it, he shall have no more than for what he doth plant; in which proportion it is to be understood that he shall use but one fish to a hill, and that in all other respects the turns of taking fish shall be as was agreed upon the last year."
" At a town meeting March the 22nd, 1716, the town agreed with Ebenezer Bennett to take the town fish this present year as they use to be taken and he to load the carts and for the same he is to be paid sixteen pence a load by those that carry away the fish, and he is also to take care that there be free passage at the mill dam for the fish to go up the river, and also he is to take care that there be an orderly distribution of the fish that are taken as they come down, according to the rules which have of late years been ordered by the town."
On April 5, 1725, at a town meeting, it was agreed that eight thousand fish should be accounted a load, the number of fish to be estimated by the man who attended the weir.
In 1733, at a town meeting, it was voted that no fish should be taken by a seine.
In 1733 permission was asked to build a dam at Muttock for manufacturing purposes, but strong objection was made on account of the detriment apprehended to the herring fishery, and the petition was not granted.
" At a town meeting Feb. 15, 1742, it was voted and ordered that the slitting mill dam, so called, over Namasket River in said town be opened the ninth day
502
HISTORY OF THE TOWN OF MIDDLEBORO [1749-64
of March inst. so that alewives and other fish shall have a clear and sufficient pas- sage through the dam to pass up said river in the natural ponds to cast their spawn, and that said dam be kept open for 60 days thereafter for the passage of fish," which provision seems to have been observed ever since that time.
In the province laws of 1749 and 1750 an act was passed to prevent the unnecessary destroying of alewives in the town of Middleboro.
" Whereas there are great quantities of the fish called alewives, which pass up the rivers and brooks in the town of Middleborough to cast their spawn; and notwithstanding the penalties annexed to the many good and wholesome laws of this province already made to prevent the destruction of alewives, yet many ill-minded and disorderly persons are not deterred therefrom.
" Be it therefore enacted by the Lieutenant-Governor, Council and House of Representatives.
" Sec. I provides that whoever shall presume to take any of the said fish in the aforesaid rivers or brooks, or any part thereof, by any ways or means whatever at any other place than at the old Stone Ware, so called, in Namasket River, and may refuse to discover their names, places of abode and occupation, by which means the prosecution of such offenders may be prevented, and the good design of this act be defeated; and there being some passages of said rivers and brooks that are narrower than others and by reason thereof the course of the said fish may be more easily stopped by canoes and other obstructions.
" Sec. 2 and 3 provide for the execution and penalties of this law.
" Sec. 4 provides that when any children or servants shall offend against this act, they shall be punished by whipping, not exceeding 5 stripes, or by being put in the stocks, not exceeding 24 hours, or imprisonment, not exceeding 24 hours, unless the offenders by themselves or parents or masters or others in their behalf shall forthwith pay the forfeits.
"Sec. 5 and 6 provide as to the penalties and punishments connected with the act.
" Sec. 7 provides that this act shall continue in force for the space of three years from its publication and no longer." 1
The Province laws of 1752 and 1753 provide for a brief extension of the above law.2
The town has always received a revenue for the privilege of catching and selling these fish under the rules which they made, at their annual town meeting, from year to year.
The following is among the votes passed : -
" At the town meeting on Oct. 8, 1764, it was voted to sell the privilege of catching the fish at auction to the highest bidder; after the regular business of the meeting, it was adjourned to the house of Ebenezer Sproutt where the fish were sold to Nelson Finney for eighty pounds, he being the highest bidder."
1 Province Laws, vol. iii, pp. 483, 484. 2 Ibid. vol. iii, p. 647.
503
INDIAN PATHS
1650]
The rule was made that whoever bought the fish privilege should not pickle for foreign market, and should give sufficient security to the town for the payment of the fish.
Of late the herring have from different causes so decreased in number that the amount received by the town is small, and but few rules and regulations are adopted as compared with former years. At the present day the price paid for the fish privilege per year is only one hundred and twenty to one hun- dred and forty or fifty dollars.
Undoubtedly, in years gone by, the manufacturing interests of the town suffered in the endeavor to protect these fish, but the last few years would indicate that the time is not far distant when the herring of Nemasket River may become so far extinct as to cease to provoke much attention and action on the part of the town.
INDIAN PATHS
There were seven well-defined Indian paths running through the town. The more important were the upper and lower paths from the wading-place a little below the Star Mills to Plymouth.
The lower path extended from the Star Mills, and passed very near the street from Middleboro to North Carver. The upper path led through the farms of L. B. Pratt and Chester Weston ; then following the boundary line of land formerly owned by Mr. Robins and Mr. Weston, striking Wood Street and following the line of Chestnut Street, it passed directly into the woods to P. W. Savery's ; passing along and following Wall Street, it followed the highway to North Carver, where it met the lower path. This formed the boundary line between the Five Men's Purchase and Henry Wood's Purchase, and then farther on, between the Five Men's Purchase and the South Purchase, it crossed Mahuchet Brook to North Carver, following the highway to Plymouth.
The Taunton path probably ran along the highway (which was discontinued some fifty years ago), or back of the house of
504
HISTORY OF THE TOWN OF MIDDLEBORO
[1650
Dr. G. L. Ellis, to Jose Meadows, then on the easterly side of these meadows to Taunton Street, and followed that street to what was then Taunton village.
The Rochester path probably commenced at the Green, passing through Waupaunucket neighborhood, and following substantially the Marion road.
The Dartmouth path began at Muttock, passing in a southerly direction east of the junction of North and Main streets to the wading-place, then westerly to Main Street, and continued for some distance, following the New Bedford road.
What is known as the Rhode Island road was an old Indian path commencing probably near the wading-place, then by Main Street to the Haskins neighborhood, where it crossed Baiting Brook, continuing on near Myricks Station through Assonet Village, and from there to Mt. Hope.
The Acushnet path followed substantially what is known as the New Bedford road.
The Titicut path commenced at the fording-place a little below Pratt's bridge on the Taunton River, passing Fort Hill not far from the banks of the river, then in an easterly direc- tion a little south of the Congregational Church it entered into what is now Plymouth Street, and following this to the wading-place across the Nemasket River, a little below the Star Mills, it there connected with the paths from that place to Plymouth. This was the path which Winslow and Hopkins followed on their first visit to Massasoit, spending the night at Fort Hill.
There were two other trails leading out of the Titicut path : one to the north, beginning not far from the house of Lysander Richmond, thence a little south of the barn of Seth Alden, continued to Lyon's Neck, and there fording the river, it passed into Bridgewater; the other went from the fording- place a little below Pratt's bridge along substantially what is now Vernon Street across the bridge over Poquoy or Trout Brook.
While there were doubtless other paths running through the
505
ROADS AND HIGHWAYS
1675]
town, these seem to have been best known, and all traces of any others have now been lost. These Indian paths were not wide enough for a carriage-road, but were well defined, having been for generations the accustomed trail of the natives. For many years after the settlement of the town they were often mentioned in the early deeds as boundary lines of land, and upon them were often places of importance.
Aside from the Indian paths, there were several wading- places used by the natives. The most important was that across the Nemasket River near the bridge, a little below the Star Mills. Another wading-place was across the river on the northerly side of what is called Lyon's Neck. On the Taunton River there were several, one a little below Pratt's bridge near Fort Hill, and another just below where the Richmond town brook enters the Taunton River. There was probably another about an eighth of a mile down the river from Pratt's bridge, just beyond the bend near the old shipyard.
ROADS AND HIGHWAYS
Probably the first Indian path to be used as a public highway was the upper path from the wading-place to Plymouth, which followed what is now known as East Main and Plymouth streets. The path to Taunton and Dartmouth or New Bedford was another which early became a public highway.
Whatever records there may have been relating to the laying out of these roads were lost in 1675, and we are unable to give their location except as they followed the Indian paths. After the first incorporation of the town, surveyors were among the officers chosen at the early town meetings. In all of the Old Colony towns, highways were laid out by a number of men, usually called "a jury," chosen for this purpose. That Middle- boro men soon recognized the importance of these provisions is seen in an early record. A committee was appointed by the proprietors of the town on the 18th of May, 1675, to settle, among other things, " some course to procure means for build- ing bridges and settling highways," and at a town meeting
506
HISTORY OF THE TOWN OF MIDDLEBORO
[1633
soon after the return of the early settlers (the record of which is not given) this action was ratified and confirmed, and a committee, consisting of Constant Southworth, Lieutenant Morton, John Tomson, Joseph Warren, and Isaac Howland, was appointed.
The expense of building these highways was met by the labor of the settlers who were immediately benefited by their location, and any persons obstructing them were liable to be fined five pounds. The duties of the surveyor of highways were accurately defined.1
As early as 1633 the court had ordered that "at such con- venient times as shall seeme meet to the Govr and Council upon three days' warning given all men meet together for the mending of highwaies, with such tooles and instruments as shall be appointed. And for default every person to forfeit three shillings." 2
Very many of these ancient highways, owing to the changes in occupation, methods of business, and the shifting of the population, have been discontinued, and other roads laid out in their places, so that now it is impossible even to trace them. In many instances they are included in parts of farms and the walls and fences have been taken away; in other in- stances they have grown up to woods, leaving no clue to what in the early history of the town were well-travelled highways, passing through cultivated farms and near many dwelling- houses.
- Soon the Indian paths gave way to the bridle-paths ; these, in turn, were widened to the carriage-roads. On the turnpike and principal highways, there was much travel - the stage-
1 " It is enacted by the Court that if an highway bee wanting in any township of this Gou"ment vpon due complaint that then the Gour or any of the Assistants Impanell a Jury and vpon oath charge them to lay out such waies both for horse and foot as in Consience they shall find most benificiall for the Commonwealth, and as little prejudiciall as may bee to the pticulares, and that all old pathes shalbee still alowed except other provision bee orderly made ; and that where there are alowed foot pathes over any mans ground which is fenced up; the own- ers of such fences shall make convenient stiles or Gates." Plymouth Colony Records, 1639, p. 112.
2 Ibid. p. 35.
507
ROADS AND HIGHWAYS
1687]
driver being a man of importance as general news-carrier, second only to the landlord of the tavern.
The New Bedford turnpike was chartered about 1805, and laid out in an almost straight line from a point near the pre- sent Lakeville town house to Bridgewater village, and thence on through Abington to Weymouth and Boston. Gates and tolls were in use for a few years, but these were soon aban- doned and it became a public highway.
In 1846 the opening of the railroad from Boston to Fall River through Middleboro brought about a great change in the business of the town in many ways. It superseded the old line of stage-coaches from Boston to New Bedford. Over this line the merchants of Middleboro were in the habit of driving to Boston with their horses and chaises, usually taking some members of their family, and spending a day or two in the city for the purchase of goods and transaction of business. These journeys were taken two or three times a year, and were events of much importance to the family and neighbors. The railroad also superseded the baggage wagon which transported freight purchased in Boston or New Bed- ford for the use of the various stores in town. The last bag- gage wagon to run over this line was owned and driven by Russell Godfrey. This was a large, cumbrous affair, from fif- teen to eighteen feet long, covered with a round top canvas, some seven feet in height, and was drawn by three or four horses.
1684
" At a town meeting at John Nelson's house, Sept. 19, 1684, the town has made choice of four men namely, Mr. John Tomson, John Nelson, Isaac Tomson, and John Miller which are empanelled for the laying out of highways to send an answer to Bridgewater men to a letter they sent of a way they have found from their town to Middlebery."
1687
" At this meeting the Towne seeing that of necessity something must be done in order for laying out of high wayes being at some loss in themselves about it in yt their records of them be burnt & that they doe the best they can to renew them againe as may be most beneficial to ye generall & as little preiudicial to any par- ticular as near as we can we have in order thereunto made choice of twelve men for a jury for to be help in this worke & doe prsent them to ye honrd Court for
508
HISTORY OF THE TOWN OF MIDDLEBORO
[1688-89
direction &a advice in ye same : ye names of ye men made choice of for a iury ar as followeth.
Mr. John Tomson John Miller
Ebeneser Tinkcum
Mr. Isaac Howland
John Bennet
Samuell Wood
David Wood
Joseph Vaughan
David Thomas Junir.
Obediah Eddy
Epharim Tinkcum
Nathanill Warren
John Allyn
" The Jury was approved of by the County Court and Sworne by Justes Morton by order of Court."
I688
May 25, 1688. " The names of the Jury is as followeth, Mr. John Tomson, Isack Howland, Samuell Wood, Ebeneser Tinckom; Ephraim Tinckom; Na- thaniell Warren ; David Tomas; John Allen; Obediah Edie, Joseph Vaughan ; John Miller ; have layd out his majesties high ways from Plymouth bounds to Taunton bounds beginning at the aforesaid Plymouth bounds and so along the former road that hath improve to a swamp at the head of raven brook and so along to a red oak tree at the wester most corner of John Hascalls great lot : and so along the north side of William Nelsons fence by the south side of a wallnit tree and so along to the north side of a black oak tree near William Nelson's house and so along to the south side of a white oak tree marked, and so along the aforesaid road to the house formerly the house of Mr. Cooms and so to the south side of a red oak tree marked and so along a range of trees marked, and so along to the aforesaid road, and so along the aforesaid road to Taunton bounds and for parting road it turns out of Taunton road at the going of a little hill at the head of a swamp commonly called John Mortons swamp, and so along the path to the bridge of rooty brook and so along partly by the path and partly by a range of trees marked to Assawamsett neck and so along the path throu the neck to Quiticus."
1689
At a Court held on the 8th of October, 1689, " a petition was presented by Lieut John Tompson in reference to the want of an highway from Middlebury, Bridgwater, and other places, towards Boston.
" The Court ordered that an highway for that end shall be laid forth and named a jury of sixteen men to have it done. The jury were ordered to meet at the house of said Tompson on the 9th of October. On the 6th of June, 1690, five men were added to the jury, and they were ordered to meet at the house of the said Tompson on the first Tuesday of July, next, to lay out the way. At a session of the Court on the 7th of April, 1691, the following order was passed :
" In pursuance of an order of Court, bearing date the first Tuesday of Octo- ber, 1689, we, whose names are hereunder written, being impanelled on a jury, & being met together, according to an order of Court, June ye sixth, 1690, and having heard their pleas and vewed the ways according to ye order of sd Court, doe and have agreed and concluded, that the countrey rode, from Middlebury, Bridgwater, and other places, towards Boston, shall and doth begin at ye roads
509
ROADS AND HIGHWAYS
1690-1701]
in Middlebury, by the new meeting house in said Middlebury, where we marked a red oak tree, near said meeting house, and on the westerly side of Plimouth road, & from thence said road runeth as ye old way now goeth to Aldens Brooke, where ye bridge now is, and from thence along the old way which lyeth on ye westerly side of the uper meadow to Bear Spring, and so along as ye way now goeth to ye old bridges at Winatuxet River, at or near the bounds betweene ye lands of John Tomson and ye lands of Alexander Standish, having marked severall trees on each side of sd road, & on ye Westerly side of sd river we marked a red oak tree, and from thence ye road runeth to ye road that goeth to Plimouth from Bridgwater, there being many marked trees on sd road, and so it runeth as that way goeth to Bridgwater, by ye house of James Latham, and from thence it runneth to Byrams Plain, as ye way goeth to Waymouth, and from thence as ye way now lyeth on ye westerly side of Andrew Foords house, & so on to ye patent line, where we marked two trees and laid a heap of stones."
Signed by sixteen of the jury named.1
1690
In 1690 the town of Bridgewater voted " to build a road from (Sproats) or the meeting-house in Middleboro over Tomson's bridges to the road leading from Bridgewater to Plymouth at Thomas Drews, then following the Bridgewater road by James Lathan's to Bryran's Plain to the road leading to Weymouth, then as the road goes on the westerly side of Andrew Ford's house and so to the patent line." 2
1693
April 5, 1693, the town voted that they would not mend the road that leads to Mr. Tomson's, and May 29, 1693, it appeared that some action had been taken by the court at Plymouth in reference to a defect in the above highway, and that the town received a warrant from the court to choose an agent to make their return "why they don't mend the way that leads from Mr. Tomson's," and at a town meeting legally warned on the 29th day of May, the town made choice of Joseph Vaughan for an agent to send to the court " to give them the reasons why we do not mend the way that leads to Mr. Tomson's, and to see whether the town can have no redress from the county court either by removing the way or also that the county will help bear the charge of mending of it."
At this meeting the town gave Joseph Vaughan power "to choose a man or two to be helpful to him in that matter if need be and likewise the town pro- mised to bear the charge that shall be about it."
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