USA > Massachusetts > Bristol County > Taunton > Quarter millinnial celebration of the city of Taunton, Massachusetts, Tuesday and Wednesday, June 4 and 5, 1889 > Part 19
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through much difficulty revised, collected, and formed this following body of town orders, reduced into chapters, as may be seen in this book, let the reader take notice, that first after this epistle he hath our orders from the town inserted, and next after that some instructions for those that have lands to be recorded, and then the preface that is before the list of purchasers or proprietors, and then the said list and nextly there followeth the several chapters of town- orders. It hath been our en- deavor to compose and form the several orders in this book as they may most conduce to general utility and profit, yet several of these orders, intended for the present convenience, may probably be hereafter altered, and as need requireth other orders added, suitable to such alternate changes as is usual in affairs. Respecting town and commonwealthı af- fairs, probably it may be that weakness may appear in what we here present to your view, for want of such able instruments as others are furnished withall; however, our desires are that you will be pleased to accept of what we, according to the utmost of our powers, have donc. Endeavouring to promote the general good of this place, and that you would seriously consider that if such a work as this is of so great im- portance to us at such a time as this is should be retarded and hindered, what would be the event thereof. Therefore, hoping there will be com- fortable concurrence and closure with us in this work considering we aim at the peace and tranquillity both of the present and rising genera- tions, we rest your friends and neighbors,
" WALTER DEANE. " JAMES WALKER. " THOMAS LEONARD. " JOHN RICHMOND.
"WILLIAM WITHERELL. "
"At the Court of General Sessions of the Peace held at Bristol for the County of Bristol on the second Tuesday in October in the year 1702, Thomas Leonard and John Richmond, two of the committee whose names are set to the above written epistle, made oath in said court that the above written epistle and what said epistle doth refer the reader unto, and all contained in the first thirteen chapters in this book (which chapters do end in the twenty sixth page) was all entered in this book by order of said committee before the twenty-fifth day of May in the year sixteen hundred and eighty (except something in the second chap- ter and something in the sixth chapter both which may plainly appear by their dates to have been entered since said twenty-fiftlı of May) and on said twenty-fifth of May sixteen hundred and eighty this above written epistle and that was entered before as above said, was read to the town in a public town-meeting in Taunton, and the town then de-
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clared by vote their acceptance of what said committee had done as above which is agreeable to the said town's vote which is entered in the third page in this book.
"Sworn in Court October 14, 1702.
"Attest JOHN CARY, Clerk. "
At the same town meeting, May 25, 1680, the original com- mitted of ten, appointed Jan. 10, 1669, or a major part of them make their report as follows :
Whereas, by the providence of God in the year 1638 and the year 1639, it pleased God to bring the most part of the first purchasers of Taunton over the great ocean into this wilderness from our dear & native land, and after some small time here we found this place, called by the natives the land Cohannet, in the Colony of New Plymouth, and of the Court of said Colony we obtained grants of tracts of land for a plantation or township as by the records of said Court it may and doth appear, and then we also made purchase and bought the said tracts of land for our money of the right proprietors and owners, the Indians' or Prince of that part of the country, as by deed under their hands it may appear, and in honor and love to our dear and native country, we called this place Taunton, and owning it a great mercy of God to bring us to this place, and settling of us, on lands of our own, bought witlı our money in peace, in the midst of the heathen, for a possession for our- selves, and for our posterity after us, do mutually agree and fully deter- mine as an undeniable order of this town, without any evasion whatso- cver, that all lands that is or shall be granted to any person or persons, whether under the denomination of a purchaser or free inhabitant orderly received into this town, shall be to the grantees and their heirs and assigns forever, a good perfect estate of inheritance in fee simple, and that all titles of our lands within this township, so to stand in the tenure to the grantees, and so to descend to their survivors as aforesaid.
Whereas, it is the expectation of this town, that we, the said com- mittee, should do something that our lands may be confirmed both to ourselves and to our posterity, the town having empowered us so to do, we do therefore agree and determine in the behalf of the town, that all persons enjoying lands, either upland or swamp or meadow within this township, when they would record such land, they shall bring a fair copy of all such lands, both upland, meadow and swamp into the Select- nien's meeting, mentioning in the copy the bounds or quantity or both of each parcel, and how they possess it, whether by purchase from par- ticular persons, or by gift or grant from the town, and if by grant from the town, that they mention what purchase right and what division, if it may be, mentioning also what they have sold and to whom, and then if
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the selectmen, or the major part of them, do approve of the copy and set their hands thereunto, the town clerk shall record all such lands in the town book of records, over-writing the record thereof thus as fol- loweth :- The records of the land both uplands, meadow lands, and swamp lands of such a person, naming of him, both of what was granted him by the town and what he bought of particular persons, and also what he hath sold, all and every parcel thereof, to be held to the grantee his heirs, successors and assigns forever according to the tenor of our Charter or Patent.
THE PREFACE TO THE LIST OF PURCHASERS OR PROPRIETORS.
Whereas the General Court at Plymouth, in July the 10th, 1669, made an act for quieting men's estates, avoiding suits at law, as may appear in the printed law book, chap. 10, page 35; and whereas it is en- acted by the Court that all grants of lands shall be held to the grantees, their heirs, successors & assigns forever according to the most free tenor of East Greenwich in the County of Kent. in the Realm of Eng- land, granted to us in our Charter or Patent, and our inhabitants to defend according to the tenor thereof as appears chap. 10, page 44.
And whereas, the Court formerly gave power to seven men of the ancient inhabitants of this town to receive inhabitants and to dispose of lands to them for the better carrying on of the public affairs and main- taining the worship of God amongst ns, but several of those persons so received into this towu, did afterwards leave and forsake the town, whereupon it was the practice of the town to divide lands (viz. such lands as such persons which left the town should have had, if they had not left their town nor alienated their rights) to such inhabitants as en- joy the purchase lots (so called) of those that left the town, except the purchase lot and the purchase rights to divisions were seperated, and then, in such case, the town did divide lands to those that did hold the purchase rights to divisions, but the town not having kept any exact list of those admitted to be purchasers, nor any exact record of their manner of settling lands upon persons, therefore, for the preventing of future trouble and inconveniences the town chose a committee, Jan. 10, 1669, to draw a list of the purchasers, or free inhabitants here in town; the town likewise voted and agreed, Jan. 10, 1674, that the same com- mittee shall have full power (or the major part of them) to draw up a list of the purchasers or the proprietors of this town, and how lands shall be settled and confirmed to the purchasers or proprietors, so that the town may be freed from future damage and also no man barred of his just right, and whatsoever this committee, or the major part of them shall agree upon or do, in or about the premises, shall stand firm and good; we, therefore, whose names are under written, being the major part of said committee, do agree and conclude that lands shall be
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recorded unto, confirmed and settled upon such persons, unto whom the town hath already granted or divided lands by virtue of their en- joying either purchase lots or purchase rights to divisions, whose names are on the list which we have drawn, notwithstanding it is not hereby intended to deprive any person, (that removed hence) of his rights, but he shall have free liberty to demand and recover (according to the afore- mentioned law) his rights, if any, of any such person or persons to whom the town divided lands, by virtue of his possessing the purchase lot or purchase rights of any such ancient inhabitant, who was formerly accepted under the motion of a purchaser.
JAMES WALKER, JOSEPH WILBORE,
JOHN RICHMOND, JOHN HALL,
THOMAS LEONARD, RICHARD WILLIAMS,
WALTER DEAN.
This 25th of May 1680. The town hath voted that they accept of what the committee hath done; by the committee is understood those that did this day present what they had caused to be entered on the town book of Town Orders, concerning settling of our lands and town orders.
A list of the names of the present purchasers or proprietors of the Town of Taunton unto whom the town hath already granted or divided lands by virtue of their enjoying either purchase lots or purchase rights to divisions of land as followeth:
Richard Williams on his own rights, & on that which was Henry Uxley's, & on that which was Anthony Slocum's and that which was John Gingil's.
John Hall and Samuel Hall on their two rights which were Joseph Wilson's and Benjamin Wilson's.
Joseph Hall on the rights that was his father's.
Captain William Poole's heirs on his rights.
Lieutenant George Macey on his own rights and on that which was Mr. Bishop's.
William Harvey on his own rights.
Edward Rew on the rights that was William Coy's.
Hezekiah Hoar on his own rights.
Walter Dean on his own rights.
John Dean on his father's rights.
Henry Andrews on his father's rights.
Increase Robinson on the rights that was Thomas Cook's.
John Cobb on the rights that was John Smith's.
Thomas Farwell's heirs on his rights.
Shadrach Wilbore on the rights that was Edward Case's.
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QUARTER MILLENNIAL CELEBRATION.
Thomas Caswell on the rights that was John Kingslow's.
James Leonard, Junior, on the rights that was Richard Paul's. Joseph Wilbore on the rights that was Richard Smith's.
John Smith, Senior, on half the rights that was Mr. John Gilbert's. James Phillips on the rights that was his father's.
John Richmond on the rights that was his father's & on the rights that was Mr. Francis Doubtyes (Doughty.)
Jonah Austin, Senior, on the right that was William Holloway's.
Jonah Austin, Junior, on the half purchase rights of the widow Randil's.
William Witherell on his own rights, & that which was Mr. Dunn's. John Bryant on the rights which was his father's & that which was William Scadding's.
Mary Streete on the rights that was her father's.
Joseph Willis on the rights that was Hugh Rossiter's.
Eleazer Gilbert on the rights of John Gilbert.
Thomas Gilbert on the rights that was his father's.
Malachi Holloway on the rights that was Richard Hart's.
Francis Smith on the rights that was Oliver Purchase's.
Samuel Smith on the rights that was Jacob Wilson's
James Burt on the rights that was his father's.
Richard Burt on the rights that was his father's. James Tisdil on the rights that was David Greenman's.
Jolin Tisdil, senior, on his own rights.
Jolin Tisdil, Junior, on the rights that was Mr. Drake's.
James Walker, senior, on his own rights, & on that which was Mr. John Brown's, & on the rights that was John Luther's.
Mr. John Poole on the rights that was Miss Elizabeth Poole's.
James Wiat's heirs on his rights.
Thomas Harvey, Junior, on his father's rights.
To John Strong's rights we find several claimers.
Christopher Thrasher on his own rights.
William Shepard's heirs on his rights.
John Hathaway on the rights that was his father's.
Peter Pitts on the rights that was Richard Stasie's and on the rights that was William Parker's.
Thomas Cogan's heirs on his rights.
John Macomber, Senior, on his own rights.
Israel Dean on the rights that was Clement Maxfield's.
Richard Stasie on the rights that was Edward Rew's.
John Hodges on the rights that was his father's. William Evans his heirs on his rights.
Aaron Knap's heirs on his rights.
Henry Hodges on the rights that was John Gollup's.
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APPENDIX.
Richard Godfree, senior, on half the purchase rights that was Thomas Joan's.
Thomas Lincoln, senior, on his own rights. 1
Thomas Lincoln, Junior, on his own rights.
George Watson on the rights that was Giles Gilbert's.
Giles Gilbert on the rights that was Joseph Gilbert's.
Robert Crossman on his own rights.
Robert Thornton on his own rights.
John Turner on his own rights.
James Leonard, senior, on his own rights.
Mr. John Paine on the rights that was Ralph Russell's.
Thomas Leonard on the rights that was Henry Leonards & on half the purchase rights that was Thomas Jones'.
Edward Bobbitt on his own rights.
Samuel Holloway on his own rights.
Jonathan Briggs on the rights that was Benjamin Dunham's.
Nicholas White, senior, on the rights that was David Curwithies and on the rights that was Giles Slocum's.
John Parker's heirs on his own rights.
Mr. George Shove on his own rights.
William Haylston on his own rights.
Mr. William Brenton on the rights that was Mr. Nicholas Street's.
These purchasers or proprietors, fore-mentioned, are hereby and by virtue hereof entitled and interested only unto the first purchase of the township of Taunton and not unto any later purchase.
This list was made and agreed upon and concluded and confirmed by us whose names are underwritten, being the major part of the com- mittee chosen by the town for that end. Dated May 14, 1678.
RICHARD WILLIAMS, JOHN RICHMOND,
JAMES WALKER, JOHN HALL,
WALTER DEAN, JOSEPH WILBORE,
THOMAS LEONARD.
APPENDIX E.
(Page 34.)
MISS POOLE'S LAND ..
So far as we now know Miss Poole's title to land in Taunton arose in this way :
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QUARTER MILLENNIAL CELEBRATION.
On the 3d of March 1639, the General Court at Plymouth passed an order "that they will see Mr. Hooke, Mr. Streete, and Mrs. Poole shall have competent meddow & uplands, for farmes layd forth for them about May next, by Captaine Standish and such others with him as shall be especially assigned thereunto." (1 Ply. Col. Rec. p. 143.)
In pursuance of that order Miles Standish and John Brown, probably in May following, i. e. 1640, " layd forth" her lands and made report thereof to the Proprietors as follows: (Prop. Rec. Vol. I. p. 16.)
"Those lands which, by order of the Court, were, by Miles Standish and John Brown, assistants in the Government of Plymouth, appointed to be laid out unto Mrs. Elizabeth Pool, of Taunton, as followeth :
Imprimis. At her farm at Littleworth, forty acres of meadow, being at the end next unto her house there, lying at that end between the South and South west and so northerly.
Item. Fifty acres of such upland which she will make choice of thereabouts.
Item. Fifty acres of upland lying near the two mile brook, joining to the marsh on the south side thereof, as also half of the same marsh for quantity and quality.
Item. An hundred acres of upland lying on the other side of tlie great river of Taunton.
Item. For her home lot fifteen acres to the next unto Mr. Hooke's house, as also to the mill six acres.
Item. That these lands be measured out in a convenient time, by the freemen or some of them and by a man well experienced in measur- ing of grounds.
Miles Standish. John Brown. "
Hon. Henry Williams, in a valuable article read before the Old Colony Historical Society, (Coll. No. 2, p. 76,) thus comments on this report :-
"From the report it appears that Miss Pool had a farm with a house on it, at Littleworth, without definite bounds or a determinate quantity · of land. The commissioners first set off forty acres of meadow, and fifty acres of upland "which she will make choice of thereabouts." This farm seems to have been the only land of which she had possession among the several tracts then sct off to her.
The locality called Littleworth was a tract of land embracing a num -. ber of large farms situated in the easterly part of Taunton, adjoining the present town of Lakeville, extending to the Middleborough line ad- joining Taunton. The house on Miss Pool's farm was about a mile from Myrick's station on the road formerly called "the Rhode Island Path,"
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leading from Plymouth to Rhode Island. There is a tradition that she formerly lived there, but it may have arisen from the fact that she owned a house there.
The second tract of land set off to her is described as "near the two mile brook. " This shows it was situated near the Anchor Forge, now within the limits of Raynham.
The third tract was an hundred acres described as "on the other side of the great river of Taunton." This is very indefinite, and not readily located without reference to subsequent deeds. It was near Neck of Land, so-called.
" For her home lot, " they set off twenty one acres on the southerly side of what is now Main and a portion of Summer streets, extending from Mr. Hooke's house, near that now occupied by James H. Anthony, Esq., to the mill situated on the westerly side of Mill River, adjoining what is now Cohannet street. On this "home lot" there were then no buildings. A house was subsequently built thereon in which Miss Pool lived with her brother till 1653 .- "'
Mr. Williams also appends to his 'article a copy of the will of Miss Poole, giving her real estate chiefly to her nephew John Pole, which we annex hereto.
THE LAST WILL AND TESTAMENT OF MRS. ELIZABETH POOLE, ex- hibited before the Court held at Plymouth the sixt of June 1656, on the oaths of Lieutenant James Wiate and Richard Williams, and by the said Court ordered to bee recorded, the seventeenth day of the 3d month, 1654,-one thousand six hundred and fifty four.
In the name of God, Amen. I, Elizabeth Pole of Taunton, in Col- onie of New Plymouth, in New England of the age of sixty and five, or thereabouts, being sick and weake under the visitation of the Lord, yett being of perfect memory and understanding, and willing to set my house in order according to the direction and message of the Lord unto Heze- kiah, when he was sick, that I might leave mine affairs soe as might be peaceable and comfortable to my friends remaining behind mee. I therefore commit my body to the grave, according to the appointment of God, whoe took mee from the dust, and saith wee shall return unto the dust, there to remain until the resurrection, and my soul into the hands of God, my Heavenly Father, through Jesus Christ, who is to me all in all, and hath, as I believe, and am persuaded through the mercy of God, reconciled me unto God, and taken away the guiltiness of sin and fear of death, which would otherwise have been heavy to bear, and makes me willing to leave the world, and desire to be dissolved, and to bee with Christ which is best of all; and as for that portion of worldly goods, which the Lord of his mercy hath yett continued unto mee, I give and bequeath as followeth :-
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Imprimis :- I give and bequeath unto my brother, Capt. William Pole, now living and dwelling in Taunton, my dwelling house which I built and have dwelt in until a little time past, wherein my brother now dwelleth, with my orchard and home ground thereunto appertaining, as also my forty acres of meadowing at Little Worth, as alsoe my neck of land so called, lying on the further side of the Great River, containing an hundred acres,-these I bequeath unto my brother aforesaid, and also the house wherein I now dwell, bought of Robert Thornton, and the land thereunto appertaining which I bought of him therewith as alsoe my fifty acres of land lying by the two-mile meadow so-called, and my part of meadowing in that two mile meadow, which contains the one- half of it adjoining unto my said fifty acres, with all my rights of land in divisions due to me in Taunton. I give and bequeath these all for- mentioned unto my brother during his lifetime, to enjoy as his own freely, to improve and enjoy for his advantage, and after his decease, I give and bequeath unto my cousin John Pole, my brother's eldest son, my house aforesaid, which I built upon my own lot, wherein my brother now dwelleth, with the orchard and all the home grounds thereunto ap- pertaining, with my meadows at Little Worth, and my neck of land of one hundred acres, on the further side of the Great River, with all the lands and rights of divisions that thereunto appertain in Taunton, to appertain and belong to my cousin, John Pole, and his heirs after him forever, from the day of the decease of his father; and in case God shall see good to bring my cousin, John Pole, to a married estate before the decease of his father, my brother, then my will is that from the time of his contracting a marriage, he do possess and enjoy as his own freely, the house wherein I now dwell, that I bought of Robert Thornton, which my will is, that it be presently repaired and kept in good order to support it out of my stock, and by such means as I have appointed for that end, and so be kept for my cousin, John Pole, as aforesaid, with the lands thereunto appertaining by right everyway, and my brother tlie home-lot lying adjoining to it, throughout, with my fifty acres by the two-mile meadows, and my half of that meadow to it, to be his only and freely until his father's decease, and then to surrender up his said house and lands unto his mother, to be hers to possess and enjoy during her lifetime, and after her decease to appertain unto her two younger sons, Timothy Pole and Nathaniel Pole, and my cousin John Pole, to enjoy and possess his own house and land whereof his father, my brother, had possession of, which I dwelt upon before, and forsook, I now give unto my cousin, John Pole, at my decease, one cowe, called Onely; and whereas I have left to my brother, his father, a yoke of oxen of my stock, my will is that his father make them good unto him out of his estate, at his father's decease; also I give unto my cousin, John Pole, all my household stuff and goods within dore, the which I commit to the
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APPENDIX.
care and keeping of my overseers, to have in their custody and care to preserve for him until he come to keep house for himself, being married, and then if the Lord continue his life, to enjoy it as his own, but if the Lord take him away by death before he be of age to marry, then my will is that my cousin' Timothy Pole, his next brother, enjoy these things forementioned as my gift to him. Or if my cousin John Pole marry and die without issue, then the lands to return to my cousin Timothy Pole, only this excepting: a parcel of the land is promised to James Bell for a lot, if there be none procured for him by my brother in another place. I give to my cousen Mary Pole, one cow at my decease, and all my ap- parel and wearing clothes, which I commit to the keeping of my over- seers for to let her have what they think may be fit for her to wear as she hath need of it, and what they think is not fit for her to have, to make sale thereof and put it into some stock that may be to her benefit. Furthermore, I give unto the Church of God at Taunton, for the further- ance of any special service thereof, one cow whichsoever the overseers shall like best to take for that end, after my decease, and improve it for that end.
I give my part in the iron works to be from my decease for the fur- therance of my cousin John Pole, in leaving which I earnestly desire. him to attend unto and show all due respect unto his parents, both with respect to the word of God and my last charge. And after the Lord hath brought him to age, then my said part in the iron works to be for- the training up my cousin Nathaniel Pole in learning as fast as it may help that way, and afterwards when he is grown of age, I give and be- queath it to him as his own forever.
I give unto my kind and old friend sister Margery Paule widow, one yearling heifer, if it be living at my decease, and appoint my overseers to see it delivered unto her after my decease.
I appoint and make my cousin John Pole to be my sole Executor, to receive all and to pay debts and any engagements, and so commend him to the blessing of the Lord.
I appoint my kind friends Richard Williams and Walter Dean Dea- cons of the Church of Taunton, and Oliver Purchis to be my overseers, to whom I commit my trust and care to see this my last will be fulfilled according and as it is expressed in all the parts thereof, and herein I rest.
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