USA > Massachusetts > Bristol County > Taunton > Quarter millinnial celebration of the city of Taunton, Massachusetts, Tuesday and Wednesday, June 4 and 5, 1889 > Part 21
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APPENDIX I.
[Page 36.]
The vote of the town authorizing the building of the first saw mill was in these words :
"Jan. 5, 1659. It is voted and agreed by the town that Henry An- drews and John Macomber shall have liberty to erect or set up a saw mill on the Mill River, if it be not found hurtful to the grist mill, upon
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these terms following: That the inhabitants of the town shall have lib- erty to bring what timber they shall think meet, either pine, chestnut, or cedar, and what timber any of the inhabitants shall bring as above- said they shall deliver the one half of it again to him that brought it, sawing either to boards or]planks as the inhabitants shall see cause.
And what other boards the inhabitants abovesaid shall need for their own particular case, the said Henry Andrews and John Macomber shall sell them at the rate of four shillings to a hundred ordinary town pay, and this abovesaid mill to be in some forwardness within one year after the date hereof, or else this order to be of no effect."
The mill was probably soon erected, for we find the town again voting under date of Jan. 2, 1664, "that the fish shall have a convenient passage up and down the Mill River."
In April 1664, William Witherell and Gyles Gilbert were complained of for disturbing said saw mill, and ordered to recognize in the sum of 20 pounds each, the cause for which is thus stated (4 Ply. Col. Rec. p. 56) " That whereas James Walker, being a ptenor in the Saw Mills at Taun- ton, complained of great hurt done to the said Saw Mill by som psons that came in the night in a feleonious manor and stole away severall things and did great spoile and left a libellous paper behind them; and it being suspected that the above bounden William Witherell and Gyles Gilbert were the psons, or some of them, that have done the said mis- chiffe, they, the said William Witherell and Gyles Gilbert, being sum- oned appeered at Plymouth before the Gov and Captaine Southworth. on the day and yeare above first written, and being examined, it ap- peared that they were guilty in the aforesaid particulars, and therfore the said majistrates saw cause to take the said bonds of them for theire good behavior &c. "
At the next General Court in May, 1664, Josepth Gray and Samuell Linkon were complained of for the same offence, and gave bonds in like manner for their good behavior. Thereupon they retaliated by complaining of the owners of the saw mill for not leaving a sufficient passage for the fish, which resulted in the fol- lowing order. (4 Ply. Col. Rec. p. 57.)
"Whereas, att this Court, the above bounded Josepth Gray and Samuell Linkorne, together with George Watson, complained of great wrong, sustained not onely by them, but by the whole towne of Taun- ton, by James Walker his neglecting, according to engagement, to leave a sufficient passage for the herrings or alewiues to goe vp in the riuer on which the saw mill standeth, the Court directed an order to the con-
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APPENDIX.
stable of Taunton, to require him to signify vnto the said James Walker that hee speedily take course that a free passage bee left for the goeing vp of the alewiues in the said riuer whiles yett some pte of the season remaines of theire goeing vpp.". (Ply. Col. Rec. Vol. IV. p. 57.)
Apparently this order did not accomplish the purpose, for at the June Court, 1664, another order was passed :
"In reference to the complaint of sundry of the inhabitants of the towne of Taunton against James Walker and others, for the restraining of the alewiues from goeing vp according to their vsuall manner by rea- son of a sawmill in theire herring riuer, by which obstruction of the said fish the said towne hath and is in danger to suffer much damage, this Court hath ordered, that betwixt this date and the next season of the fishes goeing vp, they, the said owners of the mill shall make or cause to be made a free full and sufficient passage for the goeing vp of the said fish, or otherwise, vpon the further complaint of the towne, the Court will take an effectuall course that the same shall be done." (Ply. Col. Rec. Vol. IV. p. 66.)
At the same Court (p. 66) Witherell, Gilbert, Gray and Linkorne " were sentenced by the Court to pay each a fine of twenty shillings for an abuse done to a saw mill att Taunton belonging to James Walker and others, by comeing in the night and breaking downe some pte of the said mill, and for takeing away severall things from the same." .
Thus far the contest might be called a "draw game," but Wil- liam Witherell was not discouraged. He commenced a suit against the mill owners, and in 1666, recovered a judgment, which is thus recorded :
"George Watson, Gyles Gilbert, and William Witherly complained against James Walker, Robert Crosman, John Maycomber, and Nicholas White, in an action of trespas on the case, to the damage of an hundred pounds, for hindering the fish from haueing a convenient passage vp and downe the Mill Riuer att Taunton, by the worke about the saw mill, contrary to the inhabitants of the towne of Taunton, and contrary to the promise of the said James Walker, all which hath bine great damage to the complainants and others.
The jury find for the plaintiffes, that a sufficient passage be made by the defendants att the Mill Riuer att Taunton for the fish where they vsually goe vp and downe, where the saw mill or dam now erected is an annoyance to the said fish, the expence of time and the cost of the suite. " (Ply. Col. Rec. Vol. VII. Page 131.)
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QUARTER MILLENNIAL CELEBRATION.
APPENDIX J.
[Page 38.]
The following letter from Robert Treat Paine in 1774, shows that Taunton had the same difficulty in those days as now, in se- curing her supposed just proportion of the herring fishery.
Province of
Massachusetts Bay
To his Excellency Thomas Hutchinson Esq. To the Honorable his Majestys Council And the honorable the House of Representatives in General Court assembled the twenty sixth day of January 1774.
humbly shew the Inhabitants of the Town of Taunton in the County of Bristol by Daniel Leonard & Robert Treat Paine, Esqrs. their Agents for this purpose duly appointed, that the Great & Generall Court of this Province have in their great Wisdom & Care from time to time enacted divers Laws to prevent the destruction of Alewives & other Fish, and have endeavored to regulate the taking of Alewives in such a manner, as that the Communitys who, without such Laws would have the natural Right of taking them, should under such Regulation take as large a pro- portion of them as is consistent with the necessary Preservation of said Fish.
that the General Court held in May 1765 passed a Law forbidding Alewives to be taken any otherwise than by Scoop Netts, saving an al- lowance to take them in Taunton Great River two days in the week by Seines or Drag Netts allowing two Seines to each Town in the County of Bristol, after it shall be known that they have been at Middleboro in the Spring of the Year annually, which Law is still in force by a continua- tion of the same to November Anno Domini 1775.
The said Town of Taunton beg leave humbly to represent, that there are some circumstances attending said Town which they Apprehend render that allowance not so sufficient for said Town, as the General Court might think it was when said Law was made.
That the Alewives in their course from the ocean to the Pond to cast their spawn are obliged to come up Taunton Great River through the centre of the Town, that there is a small River called Mill River in sd Town which empties into the Great River in said Town; that the Ale- wives used formerly to go up said. Mill River in much greater quantitys than they have done for many years past, & were used to be taken with Scoop Netts in considerable quantitys, but for a number of years past they have in great measure left said Mill River, & keep their course
+
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APPENDIX.
up the Great River to Middleboro Bridgewater & other Towns, by means whereof very few are taken in said Mill River, not sufficient to pay the expense of taking them, & there is no other place in said Taunton where the Alewives can be taken with Scoop Netts.
Your Petitioners beg leave to assert, what they are certain will ap- pear upon examination, that it has not been owing to any defects in the Town of Taunton in not keeping the passage ways open up said Mill River according to the Laws of this Province in such case provided, that the Alewives have left said River, & proceed up the Great River to the Towns above; for the passages through the Damms on said Mill River have always been carefully kept open according to said Laws, which in the nature of the thing proves very detrimental to the Mills on said River which by means thereof are obliged to stand still at a Time when the plenty of water & clemency of the Season would render it most profit- able for them to work
Your Petitioners would further represent, that the Alewives passing by said Mill River proceed up to Middleboro & other Towns where they are taken by Scoop Netts with great Ease, and at Middleboro in great plenty, so that for many years past the chief of the Alewives that have passed up Taunton Great River which have been taken, have been taken at Middleboro, And that this always will be the case unless the Town of Taunton are allowed to take Alewives by Drag Netts as well as Dip Netts.
Your Petitioners would further Represent that ever since the mak- ing the above said Law allowing two Seines two stated days in the week they have diligently improved that priviledge but from experience it turns out, that that allowance is not so great as at first it appears to be, for that those stated days often prove stormy, & even if the weather be fair the Alewives do not run on some days as on others.
From all which your Petitioners apprehend it appears that the said Town of Taunton can't enjoy their just proportion of the Fish that are allowed to be taken, as the Law now stands & that taking the chance of Seasons with great Submission we apprehend that if the Town of Taun- ton were allowed to draw six seines, four days in the week they would not get their proportion with the Town of Middleboro, that on the whole more Alewives would not be taken, but only more of them would be taken at Taunton, as the times for taking them at Taunton & the Towns above might be the same.
Your Petitioners have no desire to frustrate the good Intention of the wholesome Laws made for the preservation of the Alewives but as they apprehend they are entitled by nature to at least as great a propor- tion of Alewives as the Inhabitants of Middleboro & the other Towns & on some accounts more, they think it hard to have the Alewives pass by their Doors thro the Heart of their Town without such a regulation of the taking them that they may get their proportion of those proper to be
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taken, & to be obliged to undergo the expense & trouble of going to Middleboro to buy the very Fish that went by their Doors & through two large expensive Bridges over said Great River which they have. erected & are obliged to maintain for the public conveniency
Your Petitioners therefore humbly pray that your Excellency & Honours would provide for the relief of the said Town in the premises by allowing the Inhabitants thereof to draw six seines four days in the week during the running of said Fish or otherwise relieve your Petition- ers as to your Excellency & Honours shall seem meet and your Petition- ers as in duty bound shall ever pray
Robt. Treat Paine Danl. Leonard.
In the House of Representatives March 2, 1774.
Read and ordered that Henry Gardner and Benjamin Lincoln Esqrs. with such as the Hon. Board shall join be a Committee to take this Petition together with the Petitioners of the towns of Bridgewater & Middleboro all of them praying for the regulating the Alewive Fishery in Taunton Great River: and to repair, the next season of the passing of said Fish up said River, to the Town of Taunton & the several Towns thro or by which said River runs or any stream: or streams run or pass into said River, in which stream or streams said Fish pass up and Report to this Court at the next Session thereof what new regulations, if any, are nec- essary to be made for taking Alewives in Taunton Great River and the several Branches or streams running into the same.
sent up for Concurrence T. Cushing Spkr.
In Council March 3d 1774 is Read & Concurred.
and Artemas Ward is joined in the affair.
Jno. Cotton D. Secry.
(State Arch. Vol. 87. p. 568.)
APPENDIX K.
(Page 39.)
Bradford in his history, p. 101, speaking of the first marriage at Plymouth, between Edward Winslow and Mrs. Susannah White, says :
"May 12, 1621, was ye first marriage in this place, which, according to ye laudable custome of ye Low Countries in which they had lived, was thought most requisite to be performed by the magistrate as being a
27 I
APPENDIX.
civill thing . . . and most consonant to ye scripturs, Ruth 4, and no wher found in ye gospell to be layd on ye ministers as a part of their office . . . And this practiss hath continued amongst not only them, but hath been followed by all ye famous churches of Christ in these parts to this time. -Anº : 1646."
The solemnization of marriage by the civil authority alone, to the exclusion of the minister, was at first sustained only by public opinion, not by positive law. But in 1671 it was enacted by the General Court of Massachusetts,
" That no person in this Jurisdiction shall joyne any persons to- gether in marriage, but the Magistrate, or such other as the Court shall authorize in such place where no magistrate is near, nor shall any joyn themselves in marriage, but before some Magistrate, or person author- ized as aforesaid. "
It was not until 1692 that the Provincial Statute provided that "every Justice of the Peace within the County where he resides, and every settled minister in any town, shall, and are hereby re- spectively impowerd and authorized to solemnize marriages &c."
The fee for each marriage was three shillings.
(I Prov. Sts. c. 25. p. 61.)
See an interesting article on this subject in the Atlantic Monthly of April, 1888, by Frank Gaylord Cooke, Esq., of the Boston Bar.
APPENDIX L.
[Page 40.]
The act creating the office of town clerk in 1646 was in these words :
"It is enacted by the Court that there shalbee in euery towne with- in this Gou ment a Clarke or some one appointed and ordeined to keep a Regester of the day and yeare of the marriage beirth and buriall of euery man woman and child within theire towneship; and to haue thripence apece for each ptculare pson soe registered; and further it is enacted that euery father or mother and next in relation shall certify to the towne clarke or register keeper the name and day of the beirth of euery child soe borne in his house within one month next after it is
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QUARTER MILLENNIAL CELEBRATION.
borne or bee fined for euery such default three shillings the one half to the Gou ment and the other halfe moyetie thereof to the clarke or reg- ister keeper vpon his complaint and that euery pson married shall signi- fy his and her name with the day on which they are married vnto the said clarke or register keeper within one month next after his said mar- riage vpon the like penaltie of three shillings the one halfe thereof to the vse of the Collonie; and the other halfe to the said clarke or register keeper vpon his complaint and alsoe that euery master or mistris of the family in which any pson or pson next in relation to them soe dead shall giue notice vnto the said Clarke or register keeper; the name of the pson and the day of his said buriall and in defect thereof to forfeit three shil- lings for every default; the one half to the Gou ment and the other halfe to the clarke or register keeper upon his complaint; and that the clarke or register keeper of each township shall exhibite a true and pfect Coppy fairly written annually att March Courts vnto the Court of the beirthies marriages and burialls of the yeare past; and lastly that the clarke or register keeper of euery Township shall publish all the contracts of mar- riages and haue twelve pence for his fees for euery marriage as hee pub- lisheth orderly; (Ply. Col. Rec. p. 52 and p. 189.)
THE OATH OF A TOWNE CLARKE.
You shall faithfully serue in the office of a Towne Clarke of the Towne of for this prsent yeare and soe long as by mutuall Con- sent the Towne and you shall agree during which time you shall care- fully and faithfully keep all such Records as you shalbee Intrusted with- all; and shall record all towne acts and orders and shall enter all Towne graunts and Conveyances you shall record all beirtes marriages and burialls that shalbee brought vnto you within youer towne and shall publish all Contracts of marriages you shalbee required to doe accord- ing to order of Court bearing date the 20th day of October 1646 soe healp you God; (XI Ply. Col. Rec. p. 107 and p. 190. )
How soon after this law Taunton chose a town clerk, is not now certainly known, but in an old record book of the town, re- cently discovered we read that,
" Upon March 7th 1654 at a general town meeting warned by John Deane Constable of Taunton was Oliver Purchis chosen to be the Towne Clarke to keep all registers and records appertaining to town matters according to order of Court, and to take his oathe according to order of Court also for a man sustaining legal office. " : 7
The first record of the election of Shadrach Wilbore as town clerk, in 1664, reads thus :
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APPENDIX.
" The Town clerk chosen for the present year being this sixth of March, 1664, or 5, is Shadrach Wilbore, and so to continue as long as he the said Clerk and the town shall agree.
And it is voted and agreed by the town this sixth of March, 1664-5 that the said Clerk shall have of the town twenty shillings by the year.
And it is voted and agreed by the town at a town meeting, that the said town commit to the said Town Clerk to keep the Town Book and the Registry the day and year above written. " (Prop. Rec. p. 1
APPENDIX La.
[Page 40.]
No doubt before the law actually so required, the town had found it necessary to select some of its wisest men, to whom as agents was intrusted the management of town affairs; for in the earliest records of the town, kept by Oliver Purchis, and which have recently been discovered in an old junk store in Boston, we read that so early as December, 1643, the town voted-
" That seven men be yearly chosen to order towne affairs
"That these seven shall meet six times in a year at some convenient place to consider and order town matters, and to hear and arbitrate dif- ferences.
That these seven shall have power to determine of all trespasses and debts under three pounds, and none to enter any suits in court for such trespasses or debts without their consent.
That these shall have power (consent hereunto of the Magistrates and General Court for this patent being first obtained) to give warrant to destrain or attach for such debts or trespasses, as likewise for notes that are or shall be unpaid.
That no inhabitant, or other that hath a homelott, shall buy any other homelott, but with the consent of these seven.
(illegible)
as also that these shall have power to ad unto any mans division upland according to their discretion.
Item: That it shall be in the power of the said seven men according to their discretions to divide and distribute the said lands unto the said inhabitants according as they shall from time to time see needful and convenient.
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QUARTER MILLENNIAL CELEBRATION.
That these shall have power to admitt as inhabitants and to dispose to them either certain small portions of lands without giving them rights in other divisions, or to admitt them to all divisions with others accord- ing to their discretions, but not to admitt any to a certain quantity ex- ceeding ten acres, without the consent of the towne.
That when any shall be proposed to them for admission they shall first acquaint the Towne therewith, and not to receive them as inhabitants till all just exceptions are removed.
That these shall have power to dispose of small quantities of land yt lye not within ye compass of g-(probably great) divisions, to any inhabi- tant ye standeth in need, and also f-(probably for) conveniency accord- ing to ye - -(probably discretion) of ye seven.
That a convenient quantity of meadow down the river be reserved to be divided by the same proportion and rule of other meadow and upland according to ye discretion of these seven either to after commers, or to such as shall be possessed of lots of those who have left the place as they (illlegible) shall think good. (illegible) such (illegible)"
Under date of March 1645, the same records show another vote of the town in these words :
"Item: These seven men which shall be yearly chosen shall have power to divide and dispose of lots and parcels of ye meadow called Scaddings Moore, according as from time to time they shall see needful unto such who shall be deemed mete by their necessities of fodr for their cattle, until the said medow be wholly disposed; this act is repealed. only James Wyatt's grant of six acres within the said medow before this re- peal, and is provided that he shall have no part in any other division of ye said medow.
Item: At ye aforesaid day were chosen for ye seven men these follow- ing for ye yeare.
Henry Andrews
Otis Olney
George Hall
John Strong
Edward Case Richard Williams
William Parker Walter Deane "
1647. From the deed to Henry Andrews in 1647, of the "calf pasture, " it seems that these seven in that year were John Strong, Oliver Purchis, Walter Deane, Richard Williams, Edward Case, (the name of the other two are not given in the deed)
The record above referred to contains also these elections of selected men.
March 9, 1648. There is chosen for the following yeare 1649 to be the seven men to order the Towne affairs. Mr. Thomas Gilbert, Walter
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APPENDIX.
Deane, Edward Case, James Wyatt, Richard Williams, George Masey, Oliver Purchis.
March 7, 1649. It is mutually chosen to serve as seven men for the pres- ent yeare following, as followeth : Richard Williams, Henry Andrews
James Wyatt
Walter Deane William Parker James Walker
Oliver Purchis.
April the sixth, 1650. There is chosen to serve men to order Towne af- fairs for this present yeare, viz: Richard Williams James Walker
William Parker
James Wyatt George Macey JnO. Tisdall
Oliver Purchis
March the 11th. 1651. There is chosen for the yeare following viz, 1652, to serve as seven men to order Towne affairs.
Lient. Wyatt Walter Deane
Richard Williams William Parker
Mr. Thomas Gilbert
James Walker
Oliver Purchis
January the 15th. Ano. 1656. This agreed by the towne that these five men, to wit, Captaine Poole, Deacon Williams, Deacon Deane, James Wyatt and George Hall, shall order all matters in and about the erecting seats in the meeting house, and shall seate the inhabitants according to their discretion. " (these may or may not have been the same as chosen to order town affairs)
1657. These were for the year, Captain William Poole, George Hall, Mr. William Parker, Lieut. James Wyatt and John Deane.
December the 27th. 1658. The 5 men chosen to order towne affairs are Richard Williams, Wm. Parker, George Mase, John Tisdale, James Walker"
The law creating the legal office of Selectmen may be found in 2 Ply. Col. Records. p.
Suits were sometimes brought by the settlers against the se- lectmen to recover their lots, one of which reads in this way :
"March, 5th. 1667. William Hailstone complained against George Hall, William Harvey, and Richard Williams, as celectmen of the towne of Taunton, in an action of the case, to the damage of fifty pounds, for non pformance of a towne order of the towne of Taunton aforesaid, bearing date the 9th. of September, 1667,* respecting land due to him vpon deui-
*NOTE. It should be remembered that at the time, September, 1667, was earlier than March 1667, as the year commenced about March 25th, instead of January 1st.
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QUARTER MILLENNIAL CELEBRATION.
sion, as being an ancient purchaser. The jury find for the plaintiffe his proportion of land due him as appeers by their towne orders, twelve pence damage, and the cost of the suite.
A review was granted to defendants of this action. The names of the jury that tryed the last aboue named were, sworne:
William Peabody
Jolın Thompson John Tracye
Thomas Tilden
Henery Wood Gilbert Brookes
Andrew Rindge
Samuell Sturtivant
Samuell Ryder
Ensign Jonathan Alden,
William Swift
William Foard. Jr.
.
(Ply. Col. Rec. Vol. VII. p. 143.)
APPENDIX M.
[Page 41.]
On June 2, 1646, the General Court gave the town permission to purchase a calf pasture as follows :-
" The Court doth graunt to the inhabits of Taunton that they shall purchase the pcell or neck of land, or yland, lying at namaskett Pond, or Wth in the sd pond wch they desire for a calues pasture, and to hane the use of it vntill there shalbe a plantacon erected there abouts to whom it may be helpfull; and that then they, paying the purchase and the charg that Taunton inhits shalbe at about the said pcell of land, shall haue such pt thereof as shalbe thought meete by the Court." (2 Ply. Col. Rec. p. 102.)
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