USA > Massachusetts > Plymouth County > Middleborough > History of the town of Middleboro, Massachusetts > Part 45
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December 13, 1731. "Town voted that they will make their cartways about 8 inches wider than they now are, by setting their cart wheels so much further at a distance, provided that the Towns of Bridgewater & Plimpton fall in with us & do the same sometime before the last day of April next."
1735
At the Town meeting December 8, 1735, Mr. Elkanah Leonard was chosen agent to appear in the town at the town's behalf at the next general session of the peace to be holden at Plymouth to answer the town's presentment for being des- titute of a Grammar School Master three months in the sum- mer past.
" We Thomas Nelson and Thomas Peirce of Middleboro are
573
CIVIL HISTORY
1738-46]
appointed by the Church of Swansea to take and give in a list to the assessors of each precinct of Middleboro of the names of all those called Ana-Baptists that we believe are con- scientious of their opinion and we desire they may have the benefit of the law in that case made and provided." The list is as follows :
Benjamin Booth, Sr., Thomas Nelson, Sr., Thomas Peirce, Sr., Joshua Howland, Thomas Nelson, Jr., Thomas Peirce, Jr., William Nelson, Jr., John Howland, Foxel Nelson.
1738 MIDDLEBORO Sept. 22, 1738.
We whose names are hereunto subscribed hombly showeth to the assessors of the westerly precinct in Middleboro who acknowledge that we are of the Baptist opinion and who fre- quent their meetings at all hours and have done for the sup- port and willing so to do if occasion should serve and further do desire to be excused from paying minister's rates as the law directs.
ISAAC REYNOLDS. EBENEZER PEIRCE.
EPHRAIM REYNOLDS. ISAAC PEIRCE JR.
ELECTIUS REYNOLDS. ELISHA PEIRCE.
AMBROSE BRAYLEY. TIMOTHY ROGERS.
CALEB PEIRCE. WM. HOLLOWAY.
and we do also inform you that each of the persons above mentioned do frequently and usually attend our meetings for the worship of God on the Lord's Day and we claim are con- scientious of the Baptist opinion from under our hands.
THOMAS NELSON, THOMAS PRINCE chosen by the Baptist Church of Swansea.
1740
September 29, 1740. "Town voted that the selectmen shall provide at the Town's cost, for a Town stock, two barrels of powder, & shot in proportion to it, & that the Selectmen draw money out of the Town Treasury to pay for same."
1746
January 6, 1746. "This day being appointed for electing guardians to the Indians in their several plantations, the two houses proceeded to the said choice. And the following per- sons were duly chosen by the major vote of the Council and House of Representatives : 1 -
1 Province Laws, vol. iii, p. 341.
e
574
HISTORY OF THE TOWN OF MIDDLEBORO [1747-75
" For Plymouth, Pembroke and Middleboro, John Cushing and James Warren Esq., and Capt. Josiah Edson, Jr."
" At a town meeting held at M. old meeting house July 21, 1746, Capt. Nathl. Southworth was chosen Moderator of said meeting. And then the town by vote chose capt. Nathl South- worth, capt. Ebenr Morton, John Miller, Mr. John Bennet, and Jacob Tomson a committee to view the Iron Ore in As- sawamset pond near Robert Richmond's and to lease out or sell the same to the best advantage they can for the use of the town ; and if they lease it, not to exceed the time of fif- teen years : Mr. Jonathan King of Taunton to have the prefer- ence in case he will give as much for the same as any other person."
1747
Town meeting held February 15, 1747. "Voted to proceed to choose a Committee of three Men to take care of all the Ore in Assawampsett Pond to the directions the Town shall now & from time to time give them.
" Committee : Isaac Sampson, Joseph Padock, Capt. Ichabod Southworth.
"Voted at same meeting that the above Committee shall dig & sell 50 tons of said Ore to the best advantage they can & render an account to the Town at the next Town Meet- ing after such Ore is dug & sold, the product thereof to be paid into the Town. Voted that the above Committee shall have the oversight of all the Ore in Assawampsett Pond, with full power to prosecute all & every person that shall dig or carry off any of the above Ore without their order until said Committee shall have other instructions from this Town of Middleboro."
1756
March 22, 1756. " Voted that there should be no Ale- wives taken at Assawampsett Brook (so called) this spring, saving at the Highway near Mr. Samuel Thrasher's & then only Tuesdays, Wednesdays & Thursdays in each week & no longer."
1775
"Town Meeting held at the Easterly Precinct Meeting- house in Middleborough on Monday, the 22nd. of October last, at said meeting, the Town then made choice of us, the sub- scribers to provide a place to keep the Town stock of ammu- nition in and accordingly we have agreed with Mr. Samuel
575
CIVIL HISTORY
1777-78]
Tinkham Jun. to keep it in his Corn house, which he will do provided the Town will pay him four shillings as long as the Town shall see cause."
1777-78
This year the smallpox, one of the most dreaded diseases known to the country, was prevalent in Middleboro. A large number of inhabitants between the ages of sixteen and sixty were in the war, and it was with difficulty that persons could be found to take proper care of those who were sick. As soon as any one was known or suspected to have this disease, he was at once removed to one of the pest-houses in town. One of them was located in the Soule neighborhood, in the house now standing near Brook Street; at the time it was owned by Seth Eddy, a brother of Captain Joshua Eddy. Rev. Sylvanus Conant and eight of his parishioners were taken here and died. Another of these houses was on a cross-road which led from Plymouth Street near to the resi- dence of the late Nahum M. Tribou across to Precinct Street, not far from the late residence of Mr. Foley. It was situated on the westerly side of this road about halfway between Plym- outh and Precinct streets, and known as the Baxter Place. But one person died here, and was buried not far from the house. The place where the house stood is now grown up to woods. The other pest-house was located in the Leonard house, still standing, on Vernon Street, in Titicut. A num- ber died here, and were buried by the side of the wall near this house.
This disease was so dreaded that no one would take care of the patients, except those who had previously had it. This involved great inconvenience in obtaining what was needed. A certain part of the day some one from the pest-house would walk to within hailing distance of passers-by, call out their necessities, then return to the house. The person accosted would bring the articles wanted and leave them at a proper distance from the house, to be taken as soon as he retired. Often the fires in these houses would go out, and the inmates would call for live coals, which were brought in the same way, and thus the fires could be rekindled. At this time vaccina- tion was not generally approved, and there was great terror lest this disease should become more general. The matter came before the town at various times, and the following votes were passed : -
el
576
HISTORY OF THE TOWN OF MIDDLEBORO
[1778
"Town Meeting held March 9 - 1778. Voted not to allow an anoculation of the small pox to be set up in any house or houses in this Town.
" Voted that the infected persons of this Town that have the small pox remain where they are under the inspection of the Selectmen.
" Voted that the Selectmen of the town shall inquire into the conduct of those persons that have set up an anoculation of small pox in this town & proceed with them according to law.
" Voted that no persons shall presume to go to the houses that are infected with the small pox, without a permit from the selectmen of this Town.
" Voted to choose a committee of five men for inspection."
" Adj. meeting held March 11-1778.
" Voted to choose a Committee of nine men to make report to the town rela- tive to the small pox."
" Report of the Above Committee: In consideration that the season of the . year is now opening and a formidable preparation is now making by the invatorite forces of this land & at present it being very uncertain where the seat of war will be this present year, therefore it is in our opinion that all proper measures should be taken to prevent the spreading of the small pox in this place and we forthermore report that all those persons who have or shall for the future pre- sume to anoculate with the small pox shall be prosecuted according to law & that the selectmen shall immediately take all possible measures to prevent the spreading of the small pox and also that all the good people of this Town that are friends to their Country exert themselves to their utmost to secure the Town from the small pox."
"Town Meeting held June 2, 1778. Report of Committee to draw plan for Town to admit of an Anoculation : -
" To admit of one anoculation hospital in some convenient place in easterly part of Town and also another anoculating hospital in westerly part of Town.
" That the Doctors & undertakers or managers shall be laid under good & suf- ficient bonds to see that there are good regulations kept up in said hospitals.
" That no person shall pass the operation of the small pox by anoculation in either of said hospitals only by leave from the Doctors & managers of said hos- pitals and to give good and sufficient bonds that they will obey all rules and regulations accepted in said hospitals.
" That there shall at all times be kept sufficient room for any that may be taken with small pox the natural way, and that all taken with small pox the natural way in this Town shall be received into the nearest of said hospitals, and be well pro- vided for and taken good care of by the Doctors and undertakers of said hospital.
" That all persons or any clothing or any other thing directed to said hospital by the selectmen to be cleansed shall be renovated and sufficiently cleansed.
" That all the cost arising shall be paid by those having the small pox if they are able, but the cost of any taken the natural way .if unable to pay the cost, then for the town to pay their cost.
" Town Voted at said meeting :
" That the selectmen have the whole power in providing the said hospitals and the time how long said anoculation shall continue."
577
CIVIL HISTORY
1779-87]
Joshua White and Solomon Reade, March 18, 1778, peti- tioned the General Court for leave to erect a hospital at some convenient place in Titicut, "where persons may receive the Smallpox in the easiest manner which would save persons and their families great expense with going a great distance for inoculation."
1779
" Jan. 29, 1779, Committee chosen at a previous meeting regarding plans & best place to erect a work house, reported as follows : -
"'To take the house now owned by the Town standing on Mr. Jonathan Wood's land & move it & set it on the south easterly corner of the home farm of Israel Wood, near the land lately owned by Judge Oliver, to be under the inspection of & regulated by the selectmen agreeable to the law of this state.
Signed JOHN ALDEN ICHABOD WOOD GEORGE LEONARD JAMES SMITH Committee' HENRY PEIRCE
"Town voted to accept the above report & chose David Vaughan Nathan Eddy & Ezra Harlow as a Committee to remove, set up & finish the house.
" Also voted to take a lease of Mr. Israel Wood for 30 yrs. for the work-house to stand on his land ; said ' Wood ' promised the Town that so long as he received no damage by the house standing on his land, he would exact no cost."
May 17, 1779. "Voted to repair the House owned by the Town that stood on the land of Jonathan Wood for a work- house where it now stands."
1786-87
During the troubles arising from the depreciated currency, which in other parts of the state led to Shays's Rebellion, there was no open revolt in Middleboro, and the only action taken by the town was the passing of the following votes after much discussion in town meeting and elsewhere : -
At a Town Meeting holding at Middleborough Jan ye 2d 1786 for the Purpose of Instructing their Deputy at the Grate and General Court Respecting the a bank of paper money.
To MR. ISAAC TOMSON SR.
It cannot be that you are unacquainted with the Grate Scarsety of money which is utterly Inadequate to the Requission of authority made on us and answering the Purpose of a medium of Trade - you have Doutless bin Informed of the
ls
578
HISTORY OF THE TOWN OF MIDDLEBORO
[1786
Imprisonment of one our Collector and Should the Execution now in the hands of the officers be Leveld Grat Numbers of that Class of Men Would find them- selves in the Same Predicament With a Possabelaty of Prevension.
Not to mention the Numberles Actions Daly Commensing in our Courts that the unhappy Defendant have it not in their Power Barely to pay the Cost which will
Ruine
We your Constituants therefore 1
Duty to Give you our Direction and you
We Do Sr Injoin it on you that you Do to
to obay them of your ability
by Every Possable argument bring forward of a bank
of paper money on the following establishment. . . .
that it be made a Legal Tender in all Payments Throughout this State. Whatever and that the Tender on Said money be not Taken of on any Pre- tenc without Previously Obtaining the Consent of the People at Large.
that the money So Do not Exceed the Sum of thirteen Hundred thou- sand pounds and that it Makes it way into Circulation by Dischargeing the Most Pressing Demands on the State with the Changes of Government and those Publick Cecurities that are on Intrest and Demandable there by Stoping their Intrest and affording an amediate Releas to the Distrest.
that this States Treasurer be Directed to give it the Preference of to
Gold or Silver in all and throughout this Commonwealth.
that Said money Continue in Circulation the Irim of Nine years and to be Redeemed annually by applying to that Purpose all Duties Customs and
& what Said Duties &c Doth not Redeem the Remainder to be
on the
& Estate of this Commonwealth in the then Currant money of Said State.
their may be Sum of the that may Subject themselves to the Lost of their Property When rendered we Request their may be a Limited Time for Such to Demand and Receive their Money which if Neglected the Debtor to be Intitled to the Money and have a right of action against the Creditor for his Security and Cost.
Sr we Plainly forsee their will be Grat Opposition in the Esstablishment of a. Paper Currency by Wealthy and Overbaring Setts of men who can build up their fortens on the Ruens of their Country in its Present Distrest Situ- ation than with a Lively Medium of Trade & we Sr Injoin it in you that this be made known to the Court that they may be made acquainted with our Dis- tresses and that all Execution be Susspended untill a Medium in trade be Sub- stituted.
TO THE GENTLEMEN Representatives of the Town of Middleborough.
GENTLEMEN as we have Chosen you to Represent us att the Great and Gen- eral Court who are to meet at Boston on the last wenday of This Instant May and Then from time to time to Do the benefits of this Common Wealth for the Ensuing year.
1 The original, from which this is copied, is so worn as to be illegible in places.
579
CIVIL HISTORY
1786]
Special Trust and Confidence in your Loyalty, faithfullness Wisdom and zeal for the Good of this Common Wealth We Recommend the following In- structions for the General Rule of your Conduct. We think the Great Distress and Difficulty of the Present Unhappy Cituation and Disturbences of this Dis- tress : Commonwealth in General and of the western Countys In Particular is for want of some medium of trade we therefore expect you will use your En- deavors to Provide These for and an act of Indemnity for all These Pittyfull Peopil who Have Been Led a Stray from Good order so far as is Consistent with the Safety of this Common wealth Even those who are att Present Con- demned to Death from the highest to the Lowest and That the Troops in that part of this Common Wealth may be Calld Without loss of time this we give as our Possivitive Instructions. We think that a medium of trade is neces- sary in a Common Wealth as blood is in the veans of the Hemain Body We Instruct you to use your Influences to have a Bank of Paper money made to Redeem the publick Securities that the Interest May Stop and if a Suffi- ciency of paper for a medium Shod fall Short of Redeeming the whol of the publick Security Lett the Remainder thereof be Savd as other monies are we know of Nothing that will Substitute in the Lew of Silver and gold beter than paper.
We Insist at all Events that the Sender act be Continued with the Inlarge- ment that the Same Committy that prize the Estate Shod also say what part of it shall be Sett of to the Creditor.
We think the Constitution might be amended and we wod that the minds of the Common Wealth might be known and if the two thirds a Grea uppon an amendment we might be in a way to accomplish it.
We think that a Small tax to be paid in flaxseed & in the Contry towns and in fish and oil in the Seeports towns Might answer Sum valuable purpus in the Lew of hard money.
That you use your Influence to have the Cost Removed out of Boston as we think the members will be more attentive and Constant in the Publick business.
We wish that this State might be Divided in three parts the old Colleny of Plymouth in one and Boston in one and the Province of Main in one and Each to have three Parts of the Lands and all other Privi- ledgies.
We Recomend that a Duty may be Laid upon all Superflueitys as far as may be for the We Sopose that a Small Duty uppon Commissions of honner and Profit might answer a Good Purpus.
That there have been Divers poor familys that have had but one Cow and that has ben taken for Rates where by the Poor wido and others have been Put to Extrem Poverty and wholly Dependent on the Neighbours &c. that you wod use your Influence that Something may be Done to Releive Such Porpous That the Constables and Collectors for there tax Shod not be obligd Suddenly to Drive to Extremity for Gathering the &c Last.
in
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CHAPTER XXX
EARLY PURCHASES FROM THE INDIANS
S the population of the colony increased, settlements were at first confined to the coast in Duxbury, Marshfield, and along the shores of Cape Cod. It was not long before the enterprising men foresaw the growing needs of the population and began to buy lands, usu- ally in large tracts in the outlying district. Not a few of them had made purchases which now include whole townships. In order carefully to protect the interest of the Indians and to see that no undue advantage was taken of them, as early as 1643 the General Court at Plymouth forbade the purchasing or hiring of any land from the Indians without consent of the magistrates of the colony, under a penalty of five pounds for every acre so purchased or rented.1
Such was the fairness of the pilgrims of Plymouth and their immediate descendants that no portion of the land in the Old Colony was ever acquired from the Indians without their receiving its full value.
1 Plymouth Colony Laws, 1643, p. 74. " Whereas it is holden very unlawfull and of dangerous consequence and it hath beene the constant custome from our first beginning That no person or persons have or ever did purchase rent or hire any lands herbage wood or tymber of the Natives but by the Majestrates consent, It is therefore enacted by the Court that if any person or persons as hereafter purchase rent or hyre any lands herbage wood or tymber of any of the Natives in any place within this Governt without the consent and assent of this Court every such person or persons shall forfait five pounds for every acree which shalbe so purchased hyred rented and taken and for wood and tymber to pay five times the value thereof to be levyed to the Colonies use."
Ibid. p. 129. In 1660, " In reference unto the law prohibiting buying or hiering land of the Indians directly or indirectly bearing date 1643 the Court interpretts those words alsoe to comprehend under the same penaltie ; a prohibition of any mans receiving any lands under pretence of any gift from the Indians without the approbation of the Court." And in the edition of the General Laws pub- lished in 1672, the same provision is inserted.
.
71º
70
MAP OF
ORIGINAL PURCHASES FROM THE INDIANS
Taunton
River
Namasket
NDIAN
ATION
PURCHADE
PURCHASE
41
55
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URCHASE
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S
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ittacas
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C. J. PETERS, & SON CO., ENGRS, BOSTON.
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1662]
EARLY PURCHASES FROM THE INDIANS
583
While many of the towns in the present county of Plymouth were covered by grants, Middleboro was purchased from the Indians by some one or more persons appointed by the Gen- eral Court as agents for those who desired to become own- ers.1 The first purchase was made in 1662, and in the next twenty years the greater portion of the town had been bought, excepting small tracts around the great ponds and the Titicut reservation, which the Indians retained.
The purchases were carefully recorded, most of them having been preserved in their original form and deposited for safe- keeping in the town clerk's office.
The boundary lines of many of these purchases and their subsequent divisions into lots were usually marked by oak or
THE OLD OAK TREE
(This marks the easterly boundary of the Indian Reservation in Titicut)
pine trees. Most of these trees have long since disappeared, and there is at present but one known to exist and positively identified, which marked the easterly border of the Indian reservation in Titicut. This tree is probably more than three hundred years old, and is located on the brow of the hill on
1 Baylies, New Plymouth, p. 310.
584
HISTORY OF THE TOWN OF MIDDLEBORO
[1661
the south side of Center Street, thirty rods west of Pleasant Street. Near it was the house of one of the three Indians who gave their land to Titicut parish.
TWENTY-SIX MEN'S PURCHASE
On March 7, 1661, Captain Thomas Southworth of Plym- outh, in behalf of the court for the jurisdiction of Plymouth, bought of Josiah Wampatuck, Indian sagamore, for seventy pounds, land which has always been known as the Twenty-six Men's Purchase. It was confirmed by order of the court the June following, 1662-63, and again in September, 1680.
To all people to whom these presents shall Come Josias Wampatucke Indian Sagamore sendeth Greet &c
Know yee that I the said Josias Wampatucke for and in Consideration of the full Sume of three Star (?) and ten pounds for which I have Received a bill of Edward Gray of Plymouth in New England in America Planter ; have freely and absolutely bargained allianated and sold, enfeofed and Confirmed ; and by these presents doe bargaine sell enfeof and Confirme unto Captaine Thomas Southworth of Plymouth aforsaid in the behalfe of the Court for the Jurisdic- tion of Plymouth in New England; a Tract of land bounded as followeth viz: from William hopkins his house at Lakenham alonge the old Indian path ; to the wading place at Namassakett River, Namly all that land that lyeth bounded on the south side by the said path and on the west side by Namassaket River and on the East side by the brooke at Tepikamicut ; on the north side and end by Wimabusksett Brooke and the River that goes to Taunton; That is to say all the land within the said bounds ; with all and singular the woods waters Rivers meddows and all other appurtenances privilidges and ennuities in and within and upon the said land soe bounded as aforsaid with libertie to make use of the alewives with libertie for Cattle alsoe to pasture freely on the southerly side of the aforsd path excepting the Indian field by Namassaket River; To have and to hold all the said tract of land bounded as aforsaid with all and Singulare the privilidges and appurtenances belonging therunto or to any pt or prcell therof ; unto the said Captaine Thomas Southworth and Court of New Plymouth his and theire heires and assignes forever, from mee the said Josias Wampatucke and my heires. To him the said Capt. Thomas Southworth and Court of New Plym- outh his and theire heires and assignes forever ; To bee holden as of his Majties manor of Wast greenwich in the County of Kent in free and Comon Tenage and not in Capite nor by Knights service; by the Rents and services therof and therby due and of Right accustomed warranting the sale therof and every pte. and prcell therof and all and singulare the appurtenances belonging therunto against all prsons whatsoever that Shall att any time lay or make any claime Right or Interest in the said premises or any pt or prcell thereof ; Reserving
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