USA > Massachusetts > Bristol County > Taunton > Quarter millinnial celebration of the city of Taunton, Massachusetts, Tuesday and Wednesday, June 4 and 5, 1889 > Part 20
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This signed by me,.
ELIZABETH POLE.
Witnessed by
James Wiatt, Oliver Purchis, Richard Williams. (Ply. Col. Rec., of Wills, Book 2, Part.I, Page 24-5-6.)
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QUARTER MILLENNIAL CELEBRATION.
Her real estate thus given to her nephew John Poole after the death of his father William, came into his possession, and in 1680 he was ordered to clear up and make apparent the true boundaries of his forty acre meadow lot, by an order, a copy of which is as follows :
At a General Court held at Plymouth, Oct. 27, 1680, it was ordered as follows :-
"In reference vnto forty acrees of meddow formerly graunted vnto Mistris Elizabeth Poole, of Taunton, deceased, now appertaining vnto her successor, Mr. John Poole, marchant in Boston, forasmuch as the bounds of the said meddow, by reason of rubbish groune vp, can not be descerned, which occationeth some disputes between the tenants of the said John Poole whoe improue the same and the naighbours next ad- joyning, whoe haue injoyed theire rights bordering thereon for the space of twenty yeers in peace, this Court doth order, that Mr. Poole be speed- ily informed of the pmises, and required to make the bounds of the said meddow to appeer, in order to a settlement thereof according to equity and justice, and for the prevention of future differences about it. which if neglected, the Court will see themselues necessitated to take some speedy course for the settlement thereof." (Ply. Col. Rec. Vol. VI. Page 54.)
MR. HOOK'S AND MR. STREET'S LAND.
The lands "layd forth" for Mr. Hooke and Mr. Street jointly under the above order were in the present town of Berkley, and comprising about 400 acres of upland and 30 of meadow. When Mr. Hooke moved to New Haven about 1644, he sold nearly all his interest to Mr. Street, and in 1658 when Mr. Street succeeded him in New Haven, he conveyed the same (by his attorneys, James Wyatt and George Macye,) to John Hathway, Edward Bob- bett, and Timothy Holloway, all of Taunton, for 150f, as appears by this deed.
PRENCE GOV.
To all Christian People to whom the Presents shall come. James Wyatt of Taunton, in Plymouth Patent, in New England, and George Macye of the same towne, Attorneys unto Mr. Nicholas Streete, now or late Teacher of the Church of Taunton aforesaid, sendeth Greet. &c. Know yea that whereas the said Nicholas Street by his letter of Attor- ney, bearing date the nineteenth day of October, in the year of our Lord one thousand six hundred fifty-eight, did ordaine and constitute and in
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APPENDIX.
his place and stead set and appointed the said James Wyatt and George Macye his true and lawful attorneys, for him and in his name and stead to sell and make sale of four hundred acres of upland and meadow, be there more or less lying together in Taunton aforesaid which was given by the Court of Plymouth unto Mr. William Hook and the said Mr. Nicholas Street jointly; and at the going away of the said Hook from Taunton to New Haven, all the said Hook's part, except two parcels of meadow, the one lying at Grassy Island, the other at a place called As- sonet, being sold or disposed of to the said Street, and by the same let- ters of Attorney doth give full power and authority unto them, the said Attorneys, to enter his said lands, or into some part thereof, in the name of the whole; and to such person or persons, as by virtue of the said letters, shall purchase the same of his said Attorneys, that they his said Attorneys do in his name deliver quiet and peaceable possession and seizen according to the law, and also to remove, evict, and dispossess as they shall think fit all and every person or persons using or occupying all or any part of the said lands, and them so cleared to convert unto the use of such person or persons as shall purchase the same. Where- fore now further Know ye, that we the said James Wyatt and George Macey, in the name of the said Nicholas Street according to the power committed unto us as aforesaid, for and in consideration of one hundred and fifty pounds sterling, whereof fifty pounds in hand payed, the resi- due secured to be paid, have given, granted, bargained, sold enfeoffed and confirmed, and by these presents do give, grant, bargain, sell, enfeof and confirm unto John Hathway, Edward Bobbett and Timothy Hollo- way, all of Taunton aforesaid, the said four hundred acres of upland and meadow lying together in Taunton aforesaid, be there more or less, the one side whereof is bounded with two marked trees standing upon the head of a cove called Smith's Cove, on the south part, the other part bounded with a place called the Iron Springs being opposite against a certain parcel of land called Mr. Gilbert's farm; on the north part one end buts upon a great River in part, and upon the meadows of Captain William Poole, Mistress Jane Farwell, and William Hailstone, in part on the west or northwest part, the other end running up into the woods, so far as will extend to four hundred acres, as aforesaid; the one moiety, or half part of which said four hundred acres the said Nicholas Street had and purchased of the said William Hook late Pastor of the said Church of Taunton when he the said Hook went from Taunton to New Haven as is aforesaid. To have and to hold the said four hundred acres of upland and meadow, be there more or less, as before butted and bounded, with all and every the appurtenances, privileges and commodi- ties thereunto belonging or anyways appertaining unto the said Jolin Hatlıway, Edward Bobbett, and Timothy Holloway, their heirs and assigns forever. To the only use and belioof of the said John Hatliway, Edward
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QUARTER MILLENNIAL CELEBRATION.
Bobbett, and Timothy Holloway, their heirs and assigns forever, without any the let, molestation or expulsion of him the said Nicholas Street, his heirs, executors or assigns, or any claiming any title, claim or interest to the same or any part thereof, from or under him them or any of them, and for warranting of the said premises the said James Wyatt and George Macey doth for themselves, their heirs Executors and Administrators. covenant and Grant, to and with the said John Hathway, Edward Bob- bett, and Timothy Holloway, their heirs and assigns, by these presents, that the said premises now be and at all time and times hereafter shall be, remaine and continue and abide unto the said John Hathway, Edward Bobbett, and Timothy Holloway, their heirs and assigns freely acquitted exonerated and discharged, or otherwise from time to time and at all times hereafter, well and sufficiently saved, defended and Kept harmless off and from all and all manner of former and other bargains and sales, gifts, grants, feofments, joyntures, dower, title of dower estates, mort- gages, forfeitures, seizures, judgments, extents, executions and all other acts and incumbrances whatsoever had, made, done, acknowledged and committed by the said Nicholas Street or any other person or persons claiming or having any title or interest of in or to the said demised prem- ises or any part thereof, or any of the appurtenances thereof, by from or under him the said Nicholas Street or his assigns, or done or committed by the assent, demand or procurement of the said Nicholas Street or his assigns, or by any other person or persons whatsoever, whereby the said John Hathway, Edward Bobbett, or Timothy Holloway or any of them or the heirs or assigns of them or any of them, shall or may be lawfully evicted out of the possession or enjoyment thereof or of any part or par- cel thereof as aforesaid provided the said John Hathway, Edward Bob- bett and Timothy Holloway, or some or one of them, or the heirs, Execu- tors, Administrators of them or some or one of them, shall pay or cause to be paid unto the said James Wyatt and George Macey, attorneys as aforesaid unto the said Nicholas Street, and to and for the use of him the said Nicholas Street, the sum of one hundred pounds, for the nature of pay and time and place of payment, according to the tenor of that mort- gage of the premises agreed upon. To be sealed by them, the said John Hathway, Edward Bobbett, and Timothy Holloway; but if therein they shall fail and forfeit the premises in case of nonpayment the next afore- said covenant in point of warranty to be of no force against the said Wyatt and Macey, anything in these presents, to the contrary thereof in any wise notwithstanding, and also the said James Wyatt and George Macey doth further covenant promise and grant to and with the said John Hathway, Edward Bobbett, and Timothy Holloway, that when the purchase money due for the said bargained premises is as aforesaid paid and satisfied, according to time and place of payment, and nature of pay, then they the said James Wyatt and George Macey, or one of them shall
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APPENDIX.
and will deliver or cause to be delivered, all and singular such evidences and writings that they have or can procure only touching or concerning the premises severally with the said mortgage agreed to be sealed for security as aforesaid, and acknowledge satisfaction of the said debt upon the record thereof if the said mortgage shall be recorded; and lastly that when the said debt or sum is fully paid, as aforesaid, the said James Wyatt and George Macey, shall and will perform, and do or cause to be performed and done any such further act or acts as they the said James Wyatt and George Macey shall thereunto advised or required by the said John Hathway, Edward Bobbett, and Timothy Holloway, or their or any of their assigns, for a more full and perfect conveying and assuring the said bargained premises, and every part thereof unto the said John Hath- way, Edward Bobbett, and Timothy Holloway their heirs and assigns.
In witness whereof the said James Wyatt and George Macey have hereunto put their hands and seals the day of In
the year of our Lord one thousand six hundred fifty and eight.
James Wyatt and a [seal.] George Macey and a [seal.]
signed, sealed, and delivered in presence of,
William Poole, Walter Deane, William Harvey.
This deed was acknowledged by James Wyatt and George Macey the 24th of June 1663.
Before me, John Aldin Assistant. (Ply. Rec. of Deeds, Vol. III. p. 189.
By another deed dated February 9, 1669, William Bradford, son of Gov. Bradford, confirmed the title, and in consideration of two pounds, gave a new deed of the same, as follows :
To all unto whom these presents shall come. Greeting: Whereas, the Honorable, the Council Established at Plimouth, in the County of Devon, for the planting, ruling, ordering and Governing of New England in America, by vertue and authority of Lettrs Patent under the Great Seal of England from our late Soverainge Lord King James the first, bearing date at Westminister in the eighteenth year of his sd Maties Reign of England. For and in consideration that William Bradford, Esq'e and his Associates had of their own proper cost and charges planted and in- habited a Town called by the name of New Plimouth in New England as aforesd, and for their better encouragement to proceed in so pious a work especially tending to the propagation of Religion and the Great encour-
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QUARTER MILLENNIAL CELEBRATION.
agement of trade to his Maties Realms, and Advancement to the Publick Plantation. The said Council by their Patent or Grant under their Com- on Seal, Signed by the Right Honourable Robert Earle, of Warwick, President of sd Council, bearing date the thirteenth day of January, in the fifth year of the reign of our late Soverainge Lord King Charles, the first Anno Dom. 1629, did give, grant, Enfeoffe, Assigne and confirme unto the said William Bradford, his heires Associates and Assigns forever, All that part of New England in America aforesaid, And Tract or Tracts of lands That lye within or between a certaine Rivulet or Runlet comonly called Coahasset, alias Conahasset towards the north, And the River comonly called Narhaganset River towards the south, and the Great Ocean towards the East, And between and within a straight line directly extending up into the Main land towards the West, from the mouth of the said River called Narhaganset River to the utmost limets or bounds of A country or Place in New England, comonly called Pocanocket Alias Sowamset, Westward, And another like straight line extending itself di- rectly from the mouth of sd River Coahasset, alias Conahasset, towards the West so far up into the Main land westward as the utmost limits of the sd place or country comonly called Pockanocket, alias Sowamset, do extend, And all Lands, Rivers, waters, havens, situate, lying and being or Arising within or between the said limmits and bounds, or any of them, And thereof were put into peaceable and quiet possession as in and by the sd Grant and endorsement thereon, reference thereto being had will more fully and at large appear; And whereas the said William Bradford, and his Associates, in the year of our Lord God one thousand six hun- dred and thirty eight, did grant unto Mr. Nicholas Street and Mr. Hooke jointly, A tract of land for a farme of four hundred acres of upland and about thirty acres of meadow lying together in the limets and bounds of Taunton, And at the going away of said Hooke from Taunton he sold his part of sd farm to Mr Nicholas Street, And when the said Street went from Taunton he sold the farme and foresaid land to Jonathan Hatha- way sen'r Edward Bobbett senr and Timothy Holloway, all of Taunton, in the County of Bristol, And the said farme lyeth in the County of Bristol within his Maties territory and Dominion in New England in America, being part of the lands contained within the limits and bound- aries Expressed in the aforecited Patent or Graunt from the Council Established at Plimouth in the County of Devon for Planting, Ruling, ordering and governing of New England in America unto the said Wil- liam Bradford, his heirs, Associates and Assigns. Now know yee, that I, William Bradford of New Plymouth, in the County of Plimouth, with- in his Maties Territory and Dominion of New England, Esqe, son and Heir of the above named William Bradford, Esqe, deceased, for and in consid- eration of the sum of two pounds in current money of New England to me in hand paid at and before the ensealing and delivery of these pres-
.
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APPENDIX.
ents, well and truly paid by John Hathaway, Edward Bobbett and Sam- uel Holloway and William Phillips, one of the heirs of the late deceased James Phillips, which sd Samuel Holloway and James Phillips, late de- ceased, purchased his thie said Timothy Holloway's part of said farme, which said persons and the Proprietors of said tract of land or farm aforesaid, and are ancient enjoyers and settlers and planters of the said farme for thirty years and upwards And the receipt of sd money I do hereby acknowledge And for divers other good causes and considerations me thereunto especially moving, have granted, remised, released, ap- proved, ratified, confirmed and forever quitclaimed, and by these presents do for me and my heirs fully and absolutely graunt, remise, release, ap- prove, ratify, confirm and forever quitclaim unto the said John Hatha- way, Edward Bobbett, Samuel Holloway and William Phillips, their heirs and assigns forever, to the onely use and behoof of themselves and their heirs and assigns forever, In their full and peaceable possession and seizen now being according to their and every of them respective rights, title and interest, All and singular the right, title and interest, inleri- tance, use, propertie, possession, claim and demand whatsoever of me the said William Bradford of in and unto all and singular the messuages and tenements, lands, grounds, soils lying situate within the limits and bounds of sd farme, as they have been anciently stated and set forth and are now described and bounded lying on the East side of Taunton Great River bounded on the south side in part by Assonet Neck, and in part by the old line of the Town of Taunton and on the north side by a black oak marked near a spring called the Iron Spring one end butts in part upon the meadow of Captain William Peele, Mrs Jane Farewell and William Hailstone and in part upon the Great River running along by the River side as far as Assonet Neck, and so running along by the side of said Necke until it comes to the head of a meadow called by the name of Smiths Cove to a marked tree by the side of sd Neck, and from said tree to another white oak marked at the head of sd Cove, and from said white oak to run to Taunton line northerly so that Taunton line and that line make a square at the head of said Cove, and so to run by Taunton line to Assonet way, and so to run upon a straight line a little above a pine tree new cut down, and so extends about three-quarters of a mile upon that line near John Richmond's field, and then turns the corner and so run- neth down the Plain along by a Pine tree fallen down, and from thence West, and by north until it comes to said marked tree near the Iron Spring. Together with all waters, brooks, ponds, creeks, coves, meadows, swamps, fishing hereditaments, royalty, minerals, profits, privileges and comodities whatsoever, situate, lying and being, arising, happening or accruing, or which shall arise, happen or accrue on or within the limits aforesaid. The meadow of Captain William Poole, and Mrs. Jane Fare- well and William Hailstone onely excepted. To have and to hold all and
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QUARTER MILLENNIAL, CELEBRATION.
singular the messuages or tenements, lands, grounds, and soils, and all the aforementioned to be Granted and released premises with the members and appurtenanees thereof contained within the bounds and limits afore- said unto the said John Hathaway, Edward Bobbett and Samuel Hollo- way and William Phillips, their heirs and assigns forever, according to their each and every of their partieular several & respective estate, right. title and interest whatsoever in and to the premises or to any part or pareel therein severally and not joyntly with the rights, members, privi- leges, eomodities and appurtenances thereof, so that I the said William Bradford nor my heirs shall or may from hence forth have claim or de- mand any Estate, right, title or intesest in or to the sd granted and re- leased premises or any part or pareel thereof but of and from all action of right, title, interest, elaim and demand thereunto we and every of us to be utter exeluded and forever debarred by these presents. To be holden of his Majesty as of his manour of East Greenwiel in the County of Kent, within the Realm of England, in free and common soccage an not in eapite nor Knight serviee, yielding and paying to our Sovereign Lord the King, his heirs and sueeessors forever, one-fifth part of the ore of the mines of gold and silver, and one fifth part to the President and Council which shall be had possessed and obtained within the precincts aforesaid for all service and demands whatsoever as is expressed in the forerecited patent or Graunt from the Council Established at Plimouth. And I the said William Bradford, and my heirs, all and singular, the said premises with the appurtenanees unto the said John Hathaway, Edward Bobbett, Samuel Holloway and William Phillips, their heirs and assigns forever, and to the onely use and behoof of themselves, their heirs and assigns forever, according to their each and every of their several partic- ular proportion, right, title, Estate and interest therein respectively, against me and my heirs shall and will Warrant and forever defend by these presents.
In witness whereof, I, William Bradford have hereunto set my hand and seal, this ninth day of February one thousand six hundred eighty eight nine.
signed, sealed and
William Bradford
delivered in presence of us [seal. ]
Joseph Bradford Kenelm Baker Elisha Wadsworth
December 27 1689, Major William Bradford whose hand and seal is hereunto set and affixed, personally appeared and owned and acknowl- edged this Instrument to be his voluntary and free act and deed. Before Daniel Smith, Assistant, Entered and Recorded.
April 24th 1691, per Samuel Sprague, Recorder.
(Ply. Col. Ree. of Deeds, Vol. V. p. 459.)
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APPENDIX.
APPENDIX F.
[Page 35.1
These seven were the only original freemen, and became prom- inent and influential men in town, and largely established its char- acter and position in the colony. Their services were so important that in 1641, the Court gratefully voted them a grant of land in these words :
" Whereas those seauen first freemen, men of Taunton, that haue vndergone great trauell and charges about the attending of the Courts, laying out of lands, and other occations for the toune, it is thought mneete by the goument that therefore they haue a pporcon of land in convenyent place lying together assigned them, so that it exceede not the quantyty of fourty acrees apeece, besides thother ppporcons of lands in other places as of other of the inhabits of the said towne of Taunton haue, when the said lands shall come to be deuided hereafter." (2 Ply. Col. Rec. p. 18.)
APPENDIX G.
[Page 35.]
Presumably Captain Pool's company liad considerably increased in the next four years. for in 1643, a list of "all the males able to beare Armes from xvl Yeares old to 60 yeares, within the seurall Towneshipps" was made, by order of the General Court, and Taunton's list contained fifty four names, as follows: (8 Ply. Col. Rec. p. 195.)
Mr. John Browne, Wr. Willm Poole, John Browne,
Edward Bobbett, Richard Paule,
Anthony Slocome,
James Browne,
Edward Case,
James Walker,
Thomas Farewell,
Oliver Purchase,
Tobias Saunders,
Thomas Gilbert,
Henry Andrewes,
John Gallop,
Richard Stacye, Willm Hollway, John Gilbert, Junr.
Tymothy Hollway,
John Stronge,
Thom Cassell,
Wilm Parker, Peter Pitts, John Parker,
John Deane,
Edward Abbott,
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QUARTER MILLENNIAL CELEBRATION.
Willm Hailstone,
Walter Deane,
Wm. Hodges,
Wm. Wetherell,
Willm Phillips,
Hezekiah Hore,
John Maycumber,
George Macie,
Thomas Coggin,
Georg Hall,
James Wyatt,
John Perry,
Edward Rew,
Benjamin Wilson,
Thom Harvey,
Mr. Street,
James Chichester,
Richard Williams,
Willm Seward,
Willm Evans,
Aron Knapp,
Christopher Thrasher,
Jolın Barratt,
Thomas Cooke,
Nicholas Hart,
Thom Cooke, Jr.,
Willm Powell,
John Gingell.
APPENDIX H.
[Page 36.]
The law passed Mar. 5, 1638, establishing the representative system in the Colony was as follows :
" Whereas complaint was made that the ffremen were put to many inconveniences and great expense by their continuall attendance at the Courts, It is therefore enacted by the Court for the ease of the severall colonies and Townes within the Government, That every Towne shall make choyce of two of their ffremen, and the Towne of Plymouth of foure to be Committee or Deputies, to joyne with the Bench to enact and make all such lawes and ordinances as shall be judged to be good and wholesome for the whole. Provided that the lawes they doe enact shal be propounded one Court, to be considered upon untill the next Court, and then to be confirmed if they shal be approved of (except the case require present confirmacon). And if any act shall be confirmed by the Bench and Committees, which, upon further deliberacon, shall prove prejudicial to the whole, That the ffremen at the next elecon Court after meeting together, may repeal the same and enact any other usefull for the whole; and that every Township shall beare their Committees charges; and that such as are not ffreemen, but have taken the Oath of fidelitie, and are masters of famylies and Inhabitants of the said Townes, as they are to beare their part in the charges of the Committees, so to have a vote in the choyce of them, provided they choose them only of the ffreemen of the said Town whereof they are; but if any such Com-
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APPENDIX.
mittees shall be insufficient or troublesome, that then the Bench and the other Committees may dismiss them, and the Towne to choose other ffreemen in their place. "
(Ply. Col. Rec. Vol. XI. p. 31; Compact, Charter and Laws of New Ply. p. 63. This statute was re-enacted in 1658, and the pay of the dep- uties fixed at 2s. 6d. per day. )
The first new General Court met on the 4th day of June, 1639. In that year the Committees or deputies "for eich Towne " as stated in Ply. Rec. Vol. I. p. 126, were
For Plymouth.
Mr. John Done,į William Paddy, Il Manasseth Kempton, John Cooke, Jr. John Dunhame,
For Duxborrow.
Jonathan Brewster,
Edmund Chaundler,
For Scituate.
Anthony Annable,
Edward Foster,
Richard Burne.
For Sandwich.
Thomas Armittage, ¿
Mr. John Vincent,
For Cohannet
Capt. Willm Poole, t Mr. John Gilbert, Henry Andrewes,
For Yarmouth.
Thomas Payne, Philip Tabor,
For Barnestable,
§ Mr. Joseph Hull,
made in December Court, \ Mr. Thom Dimmack. 1639.
# No explanation is given of the reason why five names are given for Plymouth, and three for Sandwich and Cohannet. It may have been because too many were elected, and so erased ; but the law provided only four for Plymouth, and two for every other town.
. || The last two from Taunton in 1691, the last General Court at Plymouth, were John Hall and John Hathaway.
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