USA > Massachusetts > Bristol County > Taunton > Quarter millinnial celebration of the city of Taunton, Massachusetts, Tuesday and Wednesday, June 4 and 5, 1889 > Part 24
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In witness whereof I have here unto set my hand and Seal this nintli day of June Anno Domini one thousand six hundred Eighty and nine
297
APPENDIX.
and in the first year of Reign of King William and Queen Mary over England &c.
Memorandum the word (by) over the tenth line and the word (this) over the twentyeth line and Philip King in the margent against the twenty second line and the word (Town) over the sixty third line were Interlined before the sealing and delivering hereof
William Bradford. [seal]
Signed Scaled and Delivered In the presence of Jolın Pollard Richard Haskins Phillip Mason.
The within and above mentioned' william Bradford appears this 16tlı of August 1689 and acknowledges this Instrument to be his act & deed. before me Thos Hinckley Gov.
APPENDIX R.
[Page 46.]
The history of the South Purchase was in this wise : By an old Colonial law no person was allowed to buy land of the Indians except by leave of the General Court, and on July 2d, 1667, the Court gave permission to Richard Williams and others to buy land on the west side of the River in these words :
"The Court haue granted vnto some ancient freemen liucing in Taunton, viz: Richard Williams, Walter Dean, George Hall, Allis Dean, the wife of John Dean deceased, Mr. John Poole, Peter Pitts, James Walker and Henery Andrewes, that they shallhaue some sup- plyes of land upon the west side of Taunton River, if not already granted to any other; or some other place if it may be obtained."
(4 Ply. Col. Rec. p. 160.)
Within two years the town took action in the matter and passed the following vote :
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QUARTER MILLENNIAL CELEBRATION.
" This 6th of May, 1669. The town hath voted and chosen Licut. George Masy, Henry Andrews and Joseph Wilbore to go down to Philip Sachem and confir with him about buying of ye land from the Three Mile River down as far as Storehouse Point, as far as the meadows, and to buy it of ye Sachem as far as they can into ye woods from ye Great River, and what bargain the above said men shall make with him the town doth engage to perform, and the above said men are to go down about the aforesaid design the next week."
In the winter of 1671 the town passed this vote :
:" This 18th day of December, 1671. It is voted and agreed upon by ye town that the selectmen now in being are empowered to use the best of their discretion for ye procuring of ye land down ye river from ye Three Mile River to Store House Point, that it may be confirmed to our township by the Court."
(The selectmen then "in being" were .George Macy, Richard Wil- liams, Walter Dean, James Walker and William Harvey,)
In the following March, the General Court declared
"That James Walker and John Richmond are authorized by the Court to purchase the land of the Indians in the behalfe of the towne of Taunton, lying on the west syde of Taunton River, from the Three Mile Riuer downe to a place called the Store House." (5 Ply. Col. Rec. p. 88.)
This was followed by another vote of the town as follows :
"This 2d day of September 1672, The purchasers or free inhabitants of Taunton being in a probable way to purchase a certain tract of land lycing down ye Great River, of Philip Sachem, therefore for the better managing of ye purchase of ye said land, and for the procuring of firm decds from ye said Sachem and for ye looking to ye payments of ye pur- chase of the said land the above said purchasers hath chosen this Com- mittee: William Brenton, Esq., Walter Dean, William Harvey, Lieut. George Macy, James Walker, John Richmond, Richard Williams."
This Committee immediately attended to their duty and soon obtained a deed from Philip; in consideration of 143 pounds, of a tract three miles long on the Great River, and extending westerly four miles, beginning at the mouth of Three Mile River, a copy of which is as follows :
"To all Christian people to whom these presents shall come, I Philip alias Metacum, Chief Sachent of Pokanoket, in the Colony of New Ply- mouth, in New England, send Greeting: Know ye, that I, the said Philip, alias Metacum, for and in consideration of one hundred and forty-
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APPENDIX.
three pounds in current pay to my content to me in hand paid before the sealing and delivery hereof, by William Brenton, Esquire, James Walker, William Harvey, Walter Dean, Richard Williams, and John Richmond, all of the Town of Taunton, in the Colony above said, wherewith I, the said Philip, alias Metacum, do acknowledge myself fully satisfied, con- tented and paid and thereof and of every part and parcel thereof do hereby exonerate, acquit, discharge and release the said William Breil- ton, Esq., James Walker, William Harvey, Walter Dean, Richard Wil- liams, and John Richmond, their heirs, executors, administrators, and assigns, forever, have given, granted, bargained, sold, enfeoffed, aliened, and confirmed, and do by these presents fully, freely and absolutely give, grant, bargain, sell, enfeoffe, alien, make over and confirm unto the said William Brenton, James Walker, William Harvey, Walter Dean, Richard Williams, and John Richmond, to them and their associates and to their and every of their heirs, executors, administrators and assigns forever, a certain tract of land situate, lying and being southerly from the town of Taunton aforesaid, containing three English miles one way, and four English miles the other way, beginning at the three mile river (so called) alias Nonestecomeek, and is from said river to range three miles south and by west, and from the extent of the said three miles to range four miles west and by north from the Great River (so called) into the woods, and from the extent of that four miles to range north and by east until it meet with the ancient bounds of Taunton afore- said, and bounded eastwardly by the aforesaid Great River, (so called) with all timber and wood, meadows, creeks, coves, springs, ponds, mines, minerals, and all and singular the privileges, easements, commodities, appurtenances, and immunities of what kind soever thereunto belonging or in any way appertaining, and in particular the privilege of said great river for the navigation of any sort of vessels, bigger or lesser, and all other the privileges thereof;
To Have and to Hold the said tract of land and all and every the privi- leges and appurtenances as is before expressed, and all the right, title and interest which he the said Philip, alias Metacum, now hath or can or may hereafter have, either by himself or his heirs, executors, adminis- trators, assigns, or successors, unto them, the said William Brenton. James Walker, William Harvey, Walter Dean, Richard Williams, and John Richmond, and their associates, and to their and any of their heirs, executors, administrators and assigns, and unto the proper use and be- hoof of them forever, to be holden according to the tenor of East Greenwich in his Majestie's County of Kent, in free socage and not in capita nor by knight's service: and the said Philip doth for himself, his heirs, executors, administrators, successors, and assigns, hereby utterly disclaim and renounce all former right, title, interest or demand in or unto the said tract or any part or parcel thereof, or to anything there-
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QUARTER MILLENNIAL CELEBRATION.
unto belonging, and doth by these presents acknowledge the above bar- gained premises to be the true and proper estate of the said William Brenton, James Walker, William Harvey, Walter Dean, Richard Wil- liams and John Richmond, and their associates, and their heirs, execu- tors, administrators and assigns, that he, the said Philip, alias Metacum, doth further for himself, his heirs, executors, administrators, successors, and assigns, promise and engage with and unto the said William Bren- ton, James Walker, William Harvey, Walter Dean, Richard Williams, and John Richmond, and their associates, and to their and every of their heirs, executors, administrators and assigns, that he, the said Philip, alias Metacum, is the true, sole and proper owner of the said tract of land and of every part thereof, and of all and every of the easements, privileges, and commodities thereunto belonging, immediately before the sealing and delivery hereof, and hath in himself good right and lawful authority to alienate and sell the same, and that the said land, with the privileges and appurtenenances aforesaid, is free and clear, and freely and clearly acquitted and discharged from all former gifts, grants, bar- gains, sales, forfeitures, attachments, judgments, executions, mortgages and incumbrances whatsoever from the beginning of the world to this day, and the said . bargained premises to warrant and defend from or against any person or persons claiming, or that shall or may hereafter claim any right, title or interest, in or unto the same or any part or par- cel thereof, from, by or under him, the said Philip, alias Metacum, or his heirs, executors, administrators, successors or assigns, whereby the said William Brenton, James Walker, William Harvey, Walter Dean, Richard Williams and John Richmond and their associates or either of them, or either of their heirs, executors, administrators or assigns, shall or may be ejected or evicted out of the same or any part thereof, or mc- lested in the quiet and peaceable possession and enjoyment thereof; and further, the said Philip, alias Metacum, doth for himself, his heirs, executors, administrators, successors and assigns, covenant and promise to and with the said William Brenton Esquire, James Walker, William Harvey, Walter Dean, Richard Williams and John Richmond and their associates, and their and every of their heirs, executors, administrators and assigns, that he the said Philip, alias Metacum, upon reasonable and lawful demand, shall and will do and perform, or cause to be done and performed, any and all such further act or acts, whether by acknowledg- ing this deed of sale, or any other kind whatsoever, that shall or may be for the more fully completing and confirming the afore-bargained prem- ises unto the said William Brenton, James Walker, William Harvey, Walter Dean, Richard Williams and John Richmond and their associ- ates, and to their and every of their heirs, executors, administrators and assigns according to the true intent hereof and the colony aforesaid.
In witness whereof, I, the said Philip, alias Metacum to these presents have put my hand and seal the twenty-eighth day of Septem-
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APPENDIX.
ber, anno Domini one thousand, six hundred and seventy-two, and in the twenty-fourth year of the reign of our Sovereign, Charles the Second, King of Great Britain, France and Ireland.
The mark of the above said Philip, alias Metacum,
PHILIP P alias METACUM. [seal|
Signed sealed and delivered in presence of
The mark of
JOSEPH WILBORE, CAPTAIN W ANNAWAN.
JOHN WINCHCOME,
The mark of
THOMAS PAYCANUT,
UKAMPHOONETT, T
The mark of
The mark of
THOMAS T INDIAN
WINNASHUM P NIMROD.
alias SAUKSUET. CHEENAUGSON, A
This deed was acknowledged by Philip, alias Metacum, this 1 day of October, 1672, before me,
CONSTANT SOUTHWORTH, Assist.
This deed is recorded according to the order of Nathaniel Morton, Secretary to the Court for the jurisdiction of New Plymouth. See great book of records, enrolled Folio 227.
[And see Ply. Col. Rec. of Deeds. Vol. III. p 246 : Prop. Rec. of South Purchase, in Dighton Town Clerk's office, p. 3.]
This deed though dated September 28, was not acknowledged and delivered until Oct. I, and on the same day Philip in consid- eration of 47 pounds, conveyed to Constant Southworth, another strip on the southerly side of the first tract, one mile wide on the Great River and extending four miles westerly from the river; a copy of which is as follows :
"Know all men by these presents, that whereas I, Philip, allies Metacum, Chief Sachem of Pakanauket, in the government of New Ply- mouth have ingaged and mortgaged four miles square of land southwardly of Taunton bounds to Mr. Constant Southworth, Treasurer, and having already given a deed of three miles in breadth and four miles in length of the said land unto some of Taunton, Know also by these presents, that I, the said Philip, do by these presents, bargain, sell, give, grant and make over unto the said Mr. Constant Southworth, his heirs and assigns forever, the other mile in breadtli and four mile in length, adjoining to the three miles in breadth and four miles in length already sold to Taun- ton men, which one mile in breadth and four miles in length above
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QUARTER MILLENNIAL CELEBRATION.
mentioned. I, the said Philip, for and in consideration of forty-seven pounds in hand payd by the said Constant Southworth before the sealing & delivery hereof, whereof, I, the said Philip, do acknowledge the re- ceipt, and myself therewith fully satisfied and payed, & thereof doe by these presents fully, absolutely and clearly exhonerate, aquit and dis- charge the said Mr. Constant Southworth, his heirs, executors and assigns forever: To Have and to Hold the said mile in breadth and four miles in length. with all and singular the rights, privileges and appurte- nances within and upon the same or anyways thereunto belonging, to the said Mr. Constaut Southworth, his heirs aud assigns forever, To him and their use, profit and behoof forever, without any trouble, claim or molestation from, by, or under me, or by my procurement. Further- more, I, the said Philip, do hereby covenant and engage to and with the said Mr. Constant Southworth his heirs, and assigns, that I have good right, full power and lawful authority, in my own name to give, grant, bargain, sell, convey and confirm the above mentioned mile of land in breadth, and four miles in length as aforesaid, and that it shall and may be lawful from time to time and at all times hereafter for him and them to have, hold, occupy, enjoy and quietly to possess the same, and by me be saved and kept harmless, and free and clear from all charges. troubles and suits in law, or any incumbrances that may arise by any person or persons laying any just claim thereunto or to any part thereof, from, by or under me, or by my procurement; furthermore if it appear that there be anything yet further to be done for the confirmation of the bargained premises unto the said Mr. Constant Southworth, his heirs and assigns, I do hereby promise and engage to perform the same.
In witness whereof, I have hereunto set my hand and seale the first day of October in the year of our Lord one thousand six hundred and seventy-two.
PHILIP, allies METACUM, his P marke [seal] in the presence of,
Signed, sealed & delivered
THOMAS LEONARD,
HUGH COLE,
The 0 marke of WINNASHUM, allies NIMROD,
'The T marke of WOANCKOMPAWHAN,
The W marke of CAPT. ANNAWAN.
This deed of sale was acknowledged by Philip, alias Metacum, this 1 day of October, 1672, before me
CONSTANT SOUTHWORTH, Assist.
This deed was acknowledged this 1: 9: 72:
before me JOHN ALDEN, Assistant.
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APPENDIX.
This deed is recorded according to order of Mr. Nathaniel Morton, Secretary of the Court for the jurisdiction of New Plymouth. See great book of evidences of land enrolled, Folio 249. "
(Ply. Col. Rec. of Deeds Vol. III, p. 268, Dighton Prop. Rec. p. 7.)
Southworth immediately assigned this last deed to the same Committee mentioned in the first deed (for whom doubtless he acted in taking it) by an assignment on the back thereof, in these words :
"Know all men by these presents, that I, Constant Southworth, Treasurer of the Colonie of New Plymouth, do by these presents, for me, my heirs. executors, administrators and assigns, and in the behalf of the Colonie of New Plymouth aforesaid, assign, assure, enfeoff and con- firm unto Mr. William Brenton, William Harvey, James Walker, Rich- ard Williams, Walter Deane, Lieut. George Macy and John Richmond committee of the town of Taunton, unto them in the behalf of them- selves and their heirs, and in the behalf and for the only proper use and beloof of the free inhabitants of the said town of Taunton and their heirs, the above written deed, with all my right, title and interest, that I, the said Constant Southworth, Treasurer, have therein, and the said Colonie of Plymouth hath therein, from us and every of us, and our heirs, executors and administrators, To them the said Committee and Inhabitants of the town of Taunton and their and every of their heirs & assigns forever.
CONSTANT SOUTHWORTH, Treasurer.
Signed in the presence of us,
NATHANIEL MORTON, BENJAMIN CHURCH.
This assignment was acknowledged by Mr. Constant Southworth, Treasurer, this sixth of the first month 72-73
before me JOHN ALDEN, Assistant.
(Ply. Col. Rec. of Deeds, Vol. III. p. 268 and see Dighton Prop. Rec. p. 9.)
The consideration paid for these two deeds of the four mile tract thus amounted to 190 pounds ; but there was a prior mort- gage on the whole from Philip to the Colony, which on the 27th of the 6th month (Sept.) Constant Southworth, Treasurer, assigned to William Harvey and John Richmond in behalf of the town for the sum of 83 pounds due thereon, as appears by the following transfer ; no record of the mortgage itself being found ;
304
QUARTER MILLENNIAL CELEBRATION.
PRENCE GOV'R.
"Plymouth this 27th of the 6th, 1672. These are to whom it may concern, that Willam Harvey and John Richmond, of Taunton, haue giuen me bill vnder theire hands, for the sume of eighty three pounds, which was due from Phillip, the Sachem, to the Colonie, for which sume said Phillip engaged to mee foure miles square of land downe Taunton Riuer and next vnto Taunton bounds, which engagement or mortgage, I heerby make ouer vnto the abouesaid Willam Harvey and Jolm Rich- mond, in the behalfe of the Towne, for theire cecuritie for the aforsaid bills vnder theire hands made vnto mee; and for the truth of this I haue subscribed my hand the day and yeare aboue written.
CONSTANT SOUTHWORTH, Treasurer.
(See Old Col. Rec. Court Orders, Vol. 5, Part I, Page 72.)
If therefore, this 83£ be added to the 190% paid directly to Philip, it would seem that the South Purchase cost the purchasers 273€ in all.
This whole tract four miles square, was therefore, Nov. 26, 1672, conveyed by said Committee to the parties interested, by a declaratory deed of that date of which this is a copy. (Taunton Prop. Records, Vol. IV, p. 232.)
" Know all men to whom it may concern, that whereas, we, William Brenton Esq., Richard Williams, Walter Dean, James Walker, William Harvey & John Richmond hath through difficulty obtained of Philip, Sachem, and of Mr. Constant Southworth Treasurer for the Colony of New Plymouth, a tract of land containing four miles square lying and situate below the Three Mile River (so called) for themselves and their associates, as appears by deeds, we the abovesaid William Brenton, Esq., Richard Williams, Walter Dean, James Walker, William Harvey and John Richmond, do by these presents declare to be our associates and to be equally interested in the abovesaid four miles of land, the now living free inliabitants of the town of Taunton whose names are underwritten, always provided that all these associates shall truly and faithfully pay or cause to be paid their full proportions to the purchase and all other necessary charges expended in or about the abovesaid land as they shall be appointed both to the sum and the species, and time and place of pay- ment, but if any of those associates shall refuse or fail to pay their full proportion to all payments as abovesaid, they shall lose their right and interest to the abovesaid land & it shall be lawfully forfeited to the re- mainder of the associates. 3dly. That these associates shall not make any alteration of their parts or interest in the abovesaid land to any for- eignor, except first approved by the town of Taunton.
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APPENDIX.
The names of ye Associates.
George Shove.
George Macy.
Henry Andrews.
Giles Gilbert.
Hezekiah Hoar.
John Hall.
John Macomber sr.
James Phillips.
John Hathaway.
John Dean.
Joseph Wilbore.
Aaron Knap.
Peter Pitts.
Thomas Gilbert.
Richard Burt,
John Tisdale sen'r
Christopher Thrasher.
John Briant. Edward Bobit.
Henry Andrews Jr. Nicholas White sen'r.
Samuel Hall.
James Leonard sen'r.
. Thomas Leonard.
Nathaniel Williams.
Robert Thornton.
Thomas Dean.
Joseplı Williams.
John Tisdale Jr.
James Tisdale.
Israel Dean.
Jonathan Briggs.
Thomas Linkon sen'r.
Thomas Linkon Jr.
John Turner. Jonah Austin sen'r.
George Watson.
Richard Stacy.
John Hodges.
Shadrach Wilbore.
John Smith sen'r.
Thomas Harvey sen'r.
Samuel Smith,
Robert Crossman sen'r.
William Paull.
Samuel Holloway.
Malachi Holloway.
Ester Gollop. Nathaniel Thayer.
Increase Robinson.
Thomas Harvey Jr.
Isaac Dean.
Ezra Dean.
William Hailstone.
James Walker Jr.
Peter Walker.
Israel Thrasher.
Samuel Macy.
Nicholas White Jr.
James Bell. John Linkon.
Stephen Caswell.
+
James Leonard Jr.
Richard Stephens.
Thomas Williams.
William Wetherell.
Jonah Astin, Jr.
Richard Briggs.
Edward Cobb.
John Smith Jun'r.
John Macomber Jr. ye son of John Macomber.
Aaron Knap Jr. Joseph Willis.
John Eddy.
Thomas Armsbee.
"These persons named we acknowledge to be our associates upon the condition above written. November 26: 1672. "
" Walter Dean.
William Harvey.
Richard Williams. James Walker.
John Richmond. "
Here are eighty-seven persons named as probable owners in the South Purchase, but apparently they did not all comply with the conditions mentioned in the deed; for in 1683-4 another declaratory deed was made to only seventy-seven of the above list, as follows, viz :
Mr. John Pool.
John Cob. Thomas Caswell.
William Wetherell.
Edward Rew.
Samuel Pitts.
Samuel Williams.
Francis Smith.
James Burt.
Joseph Hall.
Mary Street.
Jared Talbut.
306 .
QUARTER MILLENNIAL CELEBRATION.
The Committee's declaration of, or deed, to their Associates.
"This present writing declareth to all to whome it may come or concerne, That whereas, ye Honoured Court of Plymouth, in New Eng- land, granted to James Walker, Sen'r, and John Richmond, of Taunton. in ye Colonie of Plymouth aforesaid, an order to purchase a tract of land of the Indians for the free Inhabitants of ye Township of Taunton aforesaid, as by ye records of ye said Court as may more fully appear, ye above sd tract of land is lying and being on ye west side of Taunton Great River, so-called, and for ye better managing of ye sd purchase, the free Inhabitants of Taunton aforesaid did add to ye aforesd James Walker and John Richmond, William Brenton, Esquire, Lieft. George Macey, Richard Williams, Walter Deane, and William Harvey, all of them Inhabitants of Taunton aforesaid, as a Committee to act for and in behalf of ye free inhabitants of Taunton aforesaid, that whatsoever this above named Committee, or the major part of them shall doe in or respecting ye premises aforesaid should stand firm and good, as by ye records of ye Town may at large appear, the above named Committee obtaining deeds for ye afovesd tract of land, under ye hand and seals of ye right proprietors thereof to be to ye abovsd Committee and their Associates, and to their heirs, executors, and assigns, the sd Committee declaring under their hands who might be their full Associates in all respects whatsoever in ye said tracts of land named in ye said deeds from Philip Sachem, alias Metacombe, and Mr. Constant Southworth, treasurer for ye Colony aforesd, dated ye 28th day of September, 1672, and its other deed ye first day of October, in year 1672, upon conditions inserted in ye records of said Towne, hearing date ye 6th December, 1672, as by ye records of ye said Towne may apper: Now, we, ye aforesd C'om- mittee do by these presents declare that these men whose names are un- derwritten, and none but these, are fully associated and as fully com- pletely and firmly interested and entitled in ye above sd Tract of land, specified in ye above named deeds, as this above named Committee whose names are inserted in ye sd deeds, and as equally interested as it is already laid out by lott, and in that part of ye abovesd lands which shall or may be hereafter or may be hereafter divided by lott, firm and free to them and their heirs, executors administrators and assigns forever, acknowledging these and none but these, performed all condi- tions specified in ye said declaration bearing date December ye 6th, 1672 as abovesd; in confirmation hereof we, the major part of the abovesd Committee, have set to our hands under ye names of ye Associates this 18th of March, 1683-4"
Mr. George Shove. Henry Andrews. Mr. Giles Gilbert.
Israel Deane. Jonathan Briggs. John Turner.
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APPENDIX.
Hezekiah Hoar.
Richard Stacey. John Hodges.
John Hall.
John Macomber, Sr.
Shadrach Wilbore.
James Phillips.
John Smith, Sr Thomas Harvey, Sr.
John Dean.
Samuel Smith.
Joseph Wilbore.
Robert Crossman, Sr.
Aron Knapp.
William Paul.
Peter Pitts.
Samuel Holloway.
Thomas Gilbert.
Malachi Holloway.
Richard Burt.
Ester Gallop.
John Tisdale, Sr.
Joseph Hall.
Christopher Thrasher.
James Leonard, Jr.
John Poole.
John Lincoln.
Edward Bobbitt. Edward Rew.
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