History of the town of Norton, Bristol County, Massachusetts, from 1669 to 1859, Part 5

Author: Clark, George Faber, 1817-1899. cn
Publication date: 1859
Publisher: Boston, Crosby, Nichols, and Co., and author at Norton
Number of Pages: 608


USA > Massachusetts > Bristol County > Norton > History of the town of Norton, Bristol County, Massachusetts, from 1669 to 1859 > Part 5


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" GEORGE LEONARD. NICHOLAS WHITE." 1


Taunton people now bestir themselves again in oppo- sition to the petitioners, and take more decisive steps than heretofore. We have this document for proof : -


" June the first, 1709. - At a Legall Town meeting, warned and held at Taunton publick meeting-house, . . .


" 2. It was put to vote, whether the town would chuse a committee of five men to give Reasons, in behalf of the Town, to the General Court, why the petitions of the North and South purchases should not be granted.


"3. It was voted, that the town shall chuse five men to make Return to the Generall Court, and give their reasons why the prayers of the North and South purchasers should


1 State Papers, vol. cxiii. p. 515.


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PRECINCT CONTROVERSY, AND


not be granted ; and the persons then chosen for the commit- tee were Lieut. James Leonard, Thomas Harvey, Ensighn Phillip King, Ensign Thomas Gilbert, and Jonathan Padle- ford.


" TAUNTON, June the 6th, 1709.


" A true copy ; transcribed by me, " JOHN WILBORE, Town Clerk." 1


Four days after the town-meeting, when the above- named committee were chosen, they knock at the doors of the General Court in behalf of the town, and present the following remonstrance against the prayer of the petitioners : -


" To his Excly. Joseph Dudley, Esquire, &c.


" Whereas George Leonard and Nicholas White, as they call themselves, agents for and in behalf of divers of the In- habitants of Taunton North purchase, and divers of the Inhabitants of Taunton old Township, prefered a petition to this honred. Court on ye 20th day of October, 1708, for the settling a precinct according to certain bounds sett forth in sd. petition ; and in Reading sd. petition, in Octo. 22, 1708, this great and Generall Court ordered That the selectmen of Taunton be served with a coppy of sd. petition, and to be heard thereuppon, &c., upon ye second Tuesday of the next Session of this Court, If any thing they have to say why the prayer of the petitioners should not be granted ; and, that the matter may stand In a true Light, we the subscribers, a committe chosen in Taunton, would humbly offer to this honrd. Court, that, when the tract of land was bought (called the North purchase) by the Inhabitants of Taunton, It was designed for a Township by it Self,2 and not any ways to


1 State Papers, vol. xi. p. 299.


2 There is some evidence to show that this statement is correct, as will be seen from the following extract from the North-Purchase Records, p. 12 :-


" May the 13th, 1695. - At a meeting of the proprietors of the north purchase, being legally warned, the said proprietors voted and agreed that the Representatives now chosen by Taunton to Represent them in the Great and General Court, are, by said proprietors, desired and Impowered to Inform the General Court of their circumstances, and to Indeavour that no part of said North Purchase be put under Attleborough; hoping that said North Purchase may be capable to be a Township itself in some short time. and whereas diverse of Bridgewater men have bought Land in said North Purchase, the Representative for Bridgewater is desired also to be helpfull in the premises."


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INCORPORATION OF THE TOWN.


Damnifie the old township by taking any of the Inhabitants thereof then settled, or to be settled, to make the purchase a Township or precinct : for, If that may be, our forefathers and some of us layed out our own money miserably to our own wrong, and to the wronging of our poor old town. and the petitioners well knew all these sircumstances before they settled, and their imprudent settling sd. north purchase pro- cures these difficulties ; for, had they settled in or about the middle of sd. purchase, the people that are now there would have been capable of being a Township, and so to maintain A minister without breaking or harming the old town. and whereas it is Insinuated in sd. petition, that, when they had communicated to the town, They had Incoridgement that the most considerable Leading men would be for it, and as If there were but some few that did hessitate about the bounds ; which must needs be some great mistake, or something else : for the town being warned together by the selectmen, upon their being served with a coppy of their petition, to consider that matter (and the south-purchase petition), there was such A contention and tumult betwixt the town, - that is, the whole body almost of the town and leading men and petition- ers, - that the meeting was dismised, and nothing done but confusion. and now we come to some few objections against granting the payer of sd. petition (we humbly hope and fear will doo), upon a due consideration. First, as has been hinted, it is very grievous to and contrary to the minds of the body of the people of the old township, - Excepting some few that are Related and some ways Interrested, as things plainly ap- pear to us, - and, If granted, we very much fear will unsettell us in our present settled state. 2ly, we know no part of the old-township Inhabitants but are Equally concerned and obliged to pay to the Reverend Mr. Saml. Danforth, our settled minister. Though some may pretend that it is butt an Inconsiderable thing that is Desired, we must say it is a great thing ; for our charges are almost Intolerable already, and growing Every day. and the line the petitioners speak of would Incompass almost all our meadows, for they lye cheifly in that part of the town; and will seperate some new houses from their lands, which must needs be a great confu- sion. 3dly, Sundry of our neighbours of the old Township, which will be Incomposed within sd. line, If Granted, - considerable men, - have been with our selectmen, and mani- fested their great unwillingness to be joyned with the north


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purchase as a precinct, and offered to us sundry papers sig- nifiing that they had been persuaded and imposed upon by some of ye north purchase to joyn with them to petition for a precinct, but they wholly Refused ; but, upon some other considerations, did sighn some of their papers, and so when they had got their hands and by these tricks the poor sub- scribers are quite contrary to their minds and Intents. Improve them, as it were deceiptfully, to make them part of the Intended precinct; which actions cannot be consistent with the truth and their good promises, but must needs be Displeasing to almighty God. the selectmen not agreeing to make answer to this honord. Court, the selectmen warn a Town-meeting, June 1st, 1709 ; and the Town and petitioners mett together; and the town chose a commite, which are the subscribers, to act and make answers to this honord. Court. now, for which reasons we have layed down, and what may be farther offered, we do Desire and humbly hope that this honard. Court will so far in their wisdom consider the mater as not to grant the precinct Desired, Least it should be the begining of trouble with us. we would farther offer this honrd. Court, as the mind of the whole town, that they are very willing and Desirous that the north purchase should have all previlidges proper and needfull for them, both civil and Ecliasticall; and, therefore, have not the least to say against their being a township of themselves, according as was Intended from ye foundation of it (as above was hinted), and not any way to Joyn to, or Entermeddle with, the old town- ship, or that with sd. purchase. craving pardon for our boldness, and a charatable construction of what we have writ, we pray the allmighty God to Direct you in all the affairs before you, and subscribe your honar's most humble ser- vants.


" Dated TAUNTON, June 4th, 1709.


" JAMS. LEONARD, PHILLP KING, THOMAS GILBERT, THOMAS HARVEY, JONATHAN PADLEFORD, J -


Commity." 1


By this time, the opposers of setting off a precinct had succeeded in creating a division among the peti- tioners. Hence some of them, with others who lived


1 State Papers, vol. cxiii. p. 509.


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INCORPORATION OF THE TOWN.


in the neighborhood of Winneconnet Pond, send to the General Court a remonstrance against being set off as a precinct. There is no date upon it; but I think it must be the next document in course.


" To his Excellency Joseph Dudley, Esqr., &c. . ..


" We whose names are underwritten, being inhabitants of ye town of Taunton, humbly sheweth, That wee being very sensible of ye great daingur we are in of being Impoverished and brought to great distress for yt, to witt, Som of our neigh- bours, Inhabitance of sd. Taunton, and som of ye west part of Taunton North purchase, being ofton very importanat with us to agine with them to pertition ye General Court to grant them a precints ; but we, knowing ye inability of ourselves and our neighbors, cold not comply with them ; but they, after pleading there want of a precints to be granted to them, and their inability to maintain ye sam without our help, we, will- ing to doe them a cindness, did, som of us, signified to ym, yt if they wold pertition ye General Court to grant a township to the whole north purchase, and so much of Taunton as was agined to them in ye military, that we would agine with them. som of us whose names are underwritten, and ye rest of us, did wholly refuse to sett our hands to any writting Either for a township or precincts neither : But they, having pertitioned ye honored Court for to grant them a precints, contrary to our minds and intent, and hath sett forth ye limets of sd. precints to make us a part thereof, which will be no benifit to us, but so great a charg yt will soon bring us to poverty ; for we are not able to pay our parts to a precints charg, and to pay ratts to ye town also. And, as ye pertitioners do preten to ye want of a minister to dispence ye word of God to them, we say we are in no such want ; for we have ye benifitt of hearing ye word preacht by ye Reverant Mr. Danforth, under whose ministry we desire to continue. Therefore we pray ye honored Cort to consider our condition, yt we may not be consarned with any precints, but yt we may injoy our privilidges as for- merlly. And whereas som of us (namely, John wetherel, John Nulan, Benjamin Nulan, Nicholas Smith, John Briggs, junior) did sett our hands to som of there papers, but we understood ourselves only conserned with them for a township; but we understand they have made a wrong improvement of our names : we did not think they wold have taken such advan- tage as to improve our names as pertitioners with them for a


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PRECINCT CONTROVERSY, AND


precints. But our comfort is, yt ye honored Cort will not suffur us to wrong one another. we subscribe ourselves your most humble petitioners,


" WILLIAM WETHERELL, sen. JOHN BRIGGS, junr.


JOHN AUSTIN.


JOHN NULAN.


EDWARD WHIT. BEN. NULAN.


JEREMIAH WETHERELL.


NICHOLAS SMITH.


JEREMIAH NEWLAND.


WILLIAM COB." 1


JOHN WETHELL.


All parties, as it seems, having now said what they desired in reference to the matter, the General Court take the following action relating thereto: -


" June 8, 1709. In Council. - Upon the hearing of the several petitions of the inhabitants of the No. and So. Pur- chases, in Taunton, to be made seperate Precints for the . settling and support of the ministry in the respective places, -


" Resolved, that Nathaniel Thomas, Nathaniel Byfield, and James Warren, Esqrs., be a committee to repair to Taunton, and view the said several Purchases, and, upon consideration of all circumstances, to set off proper Precints to encourage the good Ends desired by the Petitioners, and to advise and Direct to the most suitable places for the rais- ing of their meeting-houses, and to make their report to the next Session of this Court for conformation, - Nathaniel Thomas, Esqr., to appoint the Time. The charges of the said Committee to be borne by the said Precints.


" Wch Resolve, being sent down to the Representves, was concur'd in by that House.


" And is consented to.


" J. DUDLEY." 2


The committee attend to their duty, and prepare their report at Taunton. It is probably known in the vicinity, that the committee are favorable to the pre- cinct petitioners : hence the opposition make another demonstration to influence the General Court in their favor. The following remonstrances against a precinct, and in favor of a township, - the first from that part of the North Purchase which is now Easton, and the


1 State Papers, vol. cxiii. p. 511.


2 Records of General Court, vol. viii. pp. 441-2.


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INCORPORATION OF THE TOWN.


other from individuals in the vicinity of Winneconnet Pond, - were probably presented after the committee made their report, possibly before : -


" September 9, 1709. " To his Excellency Joseph Dudley, Esqr., &c. ...


" Wee ye subscribers, Inhabitance and propriators of Taunton North purcheis (so called), humbly sheweth, that whereas we understand that som of our neighbours, with som of ye inhabitants of Taunton, have obtained incoragement from this General Cort to be a Precints; but, forasmuch as our neighbours have not acquainted us therewith as they ought to do, we, being major part of sd. purceis inhabitance, and ye first Setlers, do, in all humble submition, ofer to your honors ye unhapy effects yt may happen, not only to our- selves, but to ye whole tract of Land which was, from ye foundation, intended for a township, which now it is capable of; theire being many inhabitance already settled, and many more going to settel, on said tract of Land. But if there be so great a part of sd. Land taken of as we under- stand is set forth for a precints by those honorable gentell- men ye committy, who have doon according to their plesure ; and if ye meeting-hous be bult whare sd. committy hath appynted, - which is neare ye west End of sd. purchies, which will be servicable but to very few; wh. will be a means to spyle ye sd. tract of Land, and caus it to be wholly unfitt for a township, and frusterate ye intention of us, ye proprietors thereof, and will discorage many from setling on their Lands in sd. purcheis. And whareas they have left about one-third part of sd. purchies of ye East part, supposing Bridgewater will add part of their town to it, to make ye part a precints, it is a great mistake. ye inhabitance of Bridgewater give us no such incoragement. Therefore we pray this honered Cort, that there may be no pertition-lines between ye one end of our sd. purcheis and ye other; but yt, if ye Honered Court thinks it convenient, wee pray yt ye Honered Cort would grant us a township, with all the privilidges belonging to a town, to ye whole north purcheis, and so much of Taunton old township as belongs to our military Company, which is from ye mouth of a Broock called Burt's Brook, and from thence to wenaconett bridge, and from thence north-East to ye sd. north purchies line ; and yt ye meeting-hous may be set in ye most conveniant place in ye senter, between the East and ye west End, which we concive will be most convenient


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PRECINCT CONTROVERSY, AND


for ye whole town, both for ye worship of God on Sabbath dayes and for militery trainings, and all other publick meet- ings. And wee would humbly say, yt wee are very sensable yt we are in a great nesessity of an able orthedox minister to be setled amongst us, to dispence ye word of God amongst us ; which, when we are a town, we hope we shall be able to procure and settel amongst us ; which wee hoop we shall soon indevor for, that tharein we may be happy. And whareas some have objected, and said yt ye north purcheis is to long to com to one mitteng, we think it a great mistack : for we can come to ye senter; and why cannot those who do object against it com as well as we? And, furder, we pray this Cort to give a name unto our town ; but, if this Cort thinks it not proper to grant us our petition, we pray the precints may not be confirmed to those who have pertitioned for ye sam, but it may be suspended untell ye Cort can be beter informed. We do appynt and impower - to be our adiants to prefare this our pertition to ye Honered Cort. we Sub- scribe ourselves your most humble pertitioners, -


" William Manley, Sener, Thomas Drake, John Phillips, Benjamin Drake, William Manley, jun., John Daily, Cle- mant Briggs, Ephraim Howell, Isaac Leonard, John Drake, George Hall, John Howard, Nathaniel Ames, Samuel Leach, Ephraim Howard, William Ames, James Keith, Samuel Lathrop, Sener, Samuel Lathrop, Juner, Nathaniel Packard, Joseph Hayward, Jame. (?) Haris." 1


"To ye Honered Generall Cort held at Boston.


" We ye subscribors, Inhabitance of Taunton, liveing within ye precints Line of ye North purcheis, on ye Easterly part thereof, in all humble submition doe offer to this Cort, yt whereas our naighbors have obtained a precints to be set forth by a Committy appynted for ye same, and they have taken us into said precints, which was contrary to our minds, altho' we signified our minds to sd. Commity yt we ware not willing to be cut of from our minister and mitting-hous in Taunton ; and sd. Committy, as wee are informed, hath appynted ye place for ye bulding sd. mitting-hous so near ye west End of sd. North purcheis yt we shall have no benifitt thereby, so yt we are like to be in wors condition than we ware in before; it being so remote from us, and a more uneasy way to travill on: Tharfore, if it be ye pleasure of


1 State Papers, vol. xi. p. 302.


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INCORPORATION OF THE TOWN.


this Cort yt wee must be drawn of from our minister and mit- ting-hous, unto which we have heatherto belonged, and have layed out part of yt littel Estate yt we have towards ye su- porting of, and help with others to buld another mitting-hous, and settell another minister, we pray yt ye whole north pur- chies, and ye part of Taunton which belongs to ye miletary Company, may be made a township, and ye mitting-hous may be sett whare it may be servisable for the whole town; which, we conseive, will be a great benefitt to all ye inhabitance within ye tract of Land : for it is a great pity but so good a work should be prophitable to all ye inhabitance abovesaid ; whereas, if ye mitting-house be bult in ye place whare it is appynted, it will be prophitable to but a very few. We sub- scribe ourselves your most humble pertitioners,


" Dated in Taunton, September 12, Ana Domini 1709.


" We desire yt Mr. Robert Crosman may deliver these lines into ye Cort.


" JOHN BRIGGS, Junior. JOIIN AUSTIN. JEREMIAH WETHEREL.


WILLIAM COB.


EDWARD WHIT.


JOHN WETHERELL.


BENJAMIN NEWLAND.


NICHOLAS SMITH.


WALTER MERY.


JOHN NEWLAND.


JEREMIAH NEWLAND."1


In accordance, it is presumed, with the desire of these parties, a " bill" for a township2 was intro- duced, but did not meet with the approbation of the court.


The friends of a precinct, probably through fear that they might lose the boon desired, send the following paper to the court, giving "Some Reasons for the speedy granting Taunton North and South purchase their petitions : " -


" 1st, Because now is the time that the spirit of God seems to move the hearts of those people So earnestly to desire it.


" 2dly, Because, if it be now granted, it is to be hoped that some most considerable persons will be Incouraged to come and settle there, when they know that an orthodox minister is settled there.


1 State Papers, vol. xi. p. 302.


2 Ibid. vol. cxiii. p. 516.


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PRECINCT CONTROVERSY, AND


" 3dly, Because it is to be feared, if there be no settlement of the ministry among them till some of those leading men among them are taken away, and others grown up in their room that will be brot up in an ungospellised way, many of them will be so far from desiring a minister, that, if some among them should Invite a minister among them, some others would warn him away.


" 4ly, Because, if the court do not grant what is desired to settle a minister in these places, when the report thereof is spread abroad that these people desired such a Grant, but the Court would not grant it, It is to be feared that it will be an Incouragement to some Envious persons to come and set- tle there, to the undoing of the places, and creating trouble to the Government ; whereas it is to be hoped that a timely settlement of the ministry there will be a means to make those places useful in the Government, and happy to the Inhabitants.


" These petitioners do not act through any dislike to their present pastor, nor to the church in Taunton, but have as great a love for, and esteem of, said pastor and church, as to render them well satisfied and contented, if their habitations were near enough to the meeting.


" And the pastor hath as great a love and respect for them, both in the north and south purchase.


"Therefore it is not any discontent or Animosity that causeth the petitioners to stir as they do, but only that they and their children may Injoy the means of grace nearer to them." 1


In due time, the committee sent to Taunton to view the territory, &c., report as follows (what relates to the South Precinct is omitted) : -


" Taunton, Augt. 31, 1709.


" Pursuant to an order of the Great and General Court, dated June ye 8th, 1709, to us Directed to Repaire to Taun- ton, and view the several tracts of land which the Inhabitants of the North and South purchases in Taunton have Peti- tioned to be made separate precints, for the settling and support of the ministry in said Respective places ; --


" And we, the subscribers, having viewed the said several Tracts, and heard the allegations of the opposite Parties


1 There is no name attached to the foregoing "reasons." - See State Papers, vol. cxiii. p. 517.


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INCORPORATION OF THE TOWN.


thereto, upon consideration of all circumstances, have sett the Bounds of the several Precints as follows: That is to say, That the Bounds of the North Precint (according to their petition) shall begin at the Line between the two late Colo- nies of the Massachusetts and Plymouth, in the line of the bounds between Taunton North Purchase and Attleboro', and from thence southward to Rehoboth North-East corner ; and from thence Eastward, on the said North-Purchase Line, to 'Taunton Bounds ; and from thence Eastward to the mouth of the Brook called Burt's Brook, Leaving out Capt. Hodge's Land at Burt's Brook, and extending from the mouth of Burt's Brook to the Bridge made over the mill River, near William Wetherell's ; and from thence North-Eastward to the North-Purchase line; and, from the North-Purchase line, the road that leads from said Bridge towards Boston to be the bounds till it come to the Line between the said late Colo- nies ; wch Line to be the Bounds to Attleborough Bounds aforesaid.


" And that the meeting-house for the said North Precint be sett on the Northward side of the way that leads over Rumford river at Crossman's way, at the place where the way crosseth it that leads from John Hodge's to the Beech Island.


" In testimony whereof, we have hereunto set our hands,


" NATHANIEL THOMAS. NATHANIEL BYFIELD. JAMES WARREN." 1


" 16th Sept., 1709.


" In Council. - Read and accepted.


" ISA. ADDINGTON, Sectry.


" Sent down for concurrence.


"In the House of Representatives, Septr. 19, 1709. - Read and concur'd, with the proviso annexed.


" JOHN CLARK, Speaker.


" Provided that the East End of the North Purchase shall have half the sa'd Purchase as their Precint when they are able to maintain a minister, and this Court shall judge them so.


" Agreed to the Proviso in Council.


" Consented to.


" ISA. ADDINGTON, Secty. " J. DUDLEY." 2


1 State Papers, vol. xi. p. 296.


2 Court Records, vol. viii. p. 470.


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PRECINCT CONTROVERSY, AND


And thus this long and exciting controversy is brought to a close by the action of the General Court granting the prayer of the petitioners for a precinct. George Leonard and Nicholas White, after more than two years of struggle, have most signally triumphed over their opposers. But they do not stop here. They are men of energy and influence ; and they do not, in the joy of success, forget the purpose for which they have labored so faithfully. Hence, almost with the zeal of the prophets of old, they move onward, as we shall hereafter see, towards the goal of their efforts, - the establishing of the gospel ministry in the newly cre- ated precinct, which at this time, as it appears from the township-bill already alluded to, contained more than forty families.


We may as well record here as anywhere the fact, that, before a minister was settled to dispense the gos- pel truths to the friends of the precinct and their children, the territory erected into a precinct, as above recorded, was incorporated into a town.


" March 17th, 1710-11. - The following Order passed by the Council and Assembly respectively, upon the Petition of the North Precinct in Taunton, Praying to be made a Town, having the consent of Taunton therefor; viz .: -


" Ordered, That the North Precinct in Taunton be, and hereby is, granted to be a Town, distinct from the Town of Taunton, by the name of NORTON, and have and enjoy the Powers, Immunities, and Privileges by law granted to Town- ships; and that a bill be projected, and brought in at the next Session of this Court, fully to perfect the sd. Grant. Pro- vided that the East End of the North Purchase shall have half the said Purchase as their Precinct when they are able to maintain a minister, and this Court judge them so.




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