USA > Massachusetts > Bristol County > Taunton > Quarter millinnial celebration of the city of Taunton, Massachusetts, Tuesday and Wednesday, June 4 and 5, 1889 > Part 25
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Joseph Willis.
Thomas Caswell.
Mary Street.
William Witherell.
Nathaniel Thayer.
Henry Andrews, Jr.
Increase Robinson.
Samuel Pitts.
Thomas Harvey, Jr.
Nicholas White, Sr.
Isaac Deane.
Samuel Hall.
Ezra Deane.
James Leonard, Sr.
Thomas Williams.
Thomas Lincoln, Sr.
William Witherell Jr.
Thomas Lincoln, Jr.
Richard Briggs.
Francis Smith.
Samuel Williams.
James Burt.
James Walker, Jr.
Jonah Austin, Sr.
Peter Walker.
George Watson.
Israel Thrasher.
Thomas Leonard.
Samuel Macey.
Nathaniel Williams.
Nicholas White, Jr.
Robert Thornton.
Jared Talbot.
Thomas Deane.
John Smith, Jr.
Joseph Williams.
John Macomber, Jr.
John Tisdale, Jr.
Thomas Amesbery.
James Tisdale.
The names of the Committee are these,-
GEORGE MACEY, [seal]
JAMES WALKER, [seal]
WALTER DEANE, [seal]
JOHN RICHMOND, [seal]
This 30th of December, 1684, ye Associates above named hath by vote chosen John Richmond and John Hathaway Sr. to see this writing
Richard Stephens.
John Hathaway.
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QUARTER MILLENNIAL CELEBRATION.
signed, sealed, and delivered before a magistrate, and also to see it re- corded in ye Court Roles at Plymouth.
George Macey, James Walker, Walter Deane, and John Richmond, being ye major part of ye Committee above mentioned, appeared ye 20 March, 1684, and acknowledged this instrument to be their act and deed, before
JOHN WALLEY, Assist.
(Ply. Col. Rec. of Deeds, Vol. V. p. 302. Dighton Prop. Records, Vol. I. p. 15.
Thus far the Taunton Purchases had all been made originally of the Indians, with or without a confirmatory deed from the Gov- ernment. But Assonet Neck, a peninsular between the Great. River and its Assonet Branch, about two miles long and less than one broad, the natives had always refused to sell, if indeed the white people were allowed to buy. It was seized by the Colony to pay the expenses of the Indian Wars, and in 1675 the lands "att Assonett Necke 200 pounds" were pledged by the General Court for the "incurragement of the souldiers sent forth on the first expedition against the Indians" as indicated by this order :
"Whereas the Court for the incurragement of the souldiers sent forth on the first expedition against the Indians, did order and engage, according to theire desire, that they should have theire pay in mony or lands; and noe way att psent appeering to raise monyes, doe, theirfore, for theire satisfaction, order, that certaine tracts of land be assigned, to the vallue of about one thousand pounds, to be deuided amongst them for the payment of theire respectiue ptes due vnto them; the said tracts assigned being att Showamett supposed to be neare the vallue of 500n, att Assonett Necke 200n, att Assowmasett, 200n, and about Agawaam and Sepecan, one hundred pound; soe as the said tractes shallbe more pticularly viewed and vallued as att mony prise, according to such indif- ferent rates as they might haue bine esteemed worth when the said or- der was made; and for the better effecting thereof, the Treasurer, Major Cudworth, Cornett Studson, and James Walker are desired and appoint- ed to take view thereof and make reporte to the Court or councell, for the settleing of the same att such reasonable rates as to them shall seem meet, to be deuided to the said soldiers, or sold for theire pay or dis- charge of other nessesarie dues occationed by this warr." (Ply. Col. Rec. Vol. V. p. 191.)
And in July 1677, the Court ordered said lands to be sold, and the proceeds divided among the several towns according to
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their disbursements towards the war, and if not sold the lands themselves should be divided. (V Ply. Col. Rec. p. 240.)
On Nov. 12th 1677 Constant Southworth, the Treasurer of the Colony conveyed these Assonet lands to George Shove, James Walker, James Tisdale, Walter Deane, William Harvey and Rich- ard Williams which Mr. Baylies says were divided among them, May 23d, 1680. This tract was, in July 1682, annexed to and made a part of Taunton by order of the General Court at Ply- mouth in these words :
"July 1682. This Court orders the land called Assonett Necke, being purchased by some of Taunton, that the said tract of land shalbe in the townshipp of Taunton." (VI Ply. Col. Rec. p. 94. )
This was apparently the last addition of territory to Taunton. At the incorporation of Dighton in 1712, it was included in the boundaries of that town, but owing probably to its inaccessibility from Dighton it was added to Berkley in 1799 and still remains in that municipality. A copy of the act annexing it to Berkley fol- lows.
CHAP. 35 .- An act to set off part of the town of Dighton, in the County of Bristol and to annex the same to the town of Berkley, in said county.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, That all the lands called Assonet Neck, lying within the following bounds, now belonging to tlie town of Dighton, in the County of Bristol, viz. : Beginning at the head of a "Cove " called Smith's Cove, a bound between the said towns of Digliton and Berkley, and running southwesterly by said Cove on the line between the towns aforesaid to the Great River; then running down stream by said river till it comes to Assonet River; then up stream 011 Assonet River till it comes to the line of the town of Freetown; then running northeasterly on said Freetown line till it comes to the line of said town of Berkley; tlien northwesterly on said Berkley line to the place of beginning at the head of the Cove, with the inhabitants there- on be, and the same are hereby set off from said town of Dighton, and annexed to said town of Berkley. Provided, that the inhabitants living on said tract of land shall be holden to pay their proportion of all legal taxes which have been assessed, ordered or voted to be laid on said Dighton by the inhabitants thereof or by the General Court in the same manner as though this Act had never passed.
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QUARTER MILLENNIAL CELEBRATION.
In 1685 Gov. Hinckley made a confirmatory deed of all the lands then belonging to Taunton, the language of which clearly indicated that the first purchase of Taunton was made of Mas- sasoit and is in these words :
"BE IT KNOWN TO ALL MEN BY THESE PRESENTS:
That whereas the Gouvernour & Associats of this his Maj'ties Col- lony being assembled together in General Court in the year of our Lord 1640 did grant unto Mrs. Elizabeth Pool, Mr. Nieholas Street & some others and to such as they should associate to them a tract of land for a plantation ealled by the natives Cohanet as by the Records of ye said Grant with ye explanation thereof doth and may appear which hath now for upwards of forty years been settled and brought into a Township ealled --- known by ye name of Taunton. The first settlers, pro- prietors & some of ye inhabitants haveing allso purchased ye sd. lands of Woosoquequen the then Cheefe Saehem of Mount Hope, and the Po- kanet Countrey and sinee confirmed unto them by Philip his son as by Reeord doth appear and likewise have made several aditions of lands to ye said Towneship by purchase from said Philip by deeds under his hand and seal. And from Isbond another Indian with the Courts allow- anee, and from others of their neighbour English. All which appears upon ye Records of this Court. The lines and bounds of the whole Township as it now lyeth run and stated between them & other of the neighbour towns and plantations are as followeth, viz: first taking into said Township, Assonate Neck with the meadow land thereon & there- about, Belonging to Taunton as appears by ye Agreement between Taunton agents & ye Freetown agents as appears allso by Record. And so ye Township of Taunton to goo to and border upon the Township of ffreetown, And an east & by south line running between them four miles as by Court grant in Anno Domini 1640 and said Agreement and Record doth appear, until it come to Middlebury bounds and thence on a right line between Middlebury and Taunton townships to Basting Brook as by Reeord doth appear and from thenee northerly on a line between Mid- dlebury and Taunton Townships and between Taunton and ye land be- longing to some Indians at Titicut until it meet with and come to ve bounds between s'd Taunton and Bridgewater on the westerly side of Taunton Great River, agreed upon by the Agents of the respeetive towns & so running from station to station on the bounds, between the town - ships of Taunton and Bridgewater as by the agreement between s'd agents doth appear upon Record, untill it meet an East by south line running between the Township of Taunton and a tract of land ealled the North purehass taking in to Taunton Township all the meadows on both sides Taunton River on the upper side of a line running from ye point of
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APPENDIX.
Assonate neck next to Taunton River cross to the westwardly side said River on a west and by north point and from thence to the bounds be- tween Taunton & Swanzey by the water side and so running from ye water side four miles west and by north and from the end of that four miles to run north and by east until it meet with the line of the Courts first grant, which was to run four miles west & by north from two marked trees at a place called the pond near three Mile River and from thence running north and by west eight miles and from thence upon an east and by south line untill it meet with the afores'd bounds between Taunton and Bridgewater and the aforesaid north purchass. All which lands both of upland, Marsh, meadow, Islands and Swamp, contained within the bounds and lines afores'd and all other lands and meadows above expressed at Assonate and both sides of Assonate Bay alltho some of said meadows not falling within these lines yet the property of them doth belong to the proprietors of Taunton and the rest being within the afores'd lines are hereby declared to be of and belong unto the said township of Taunton, both jurisdiction of Township and soyle.
Now Know Yee that I, Thomas Hinckley Gov. of his Majesties Col- lony of New Plimouth afores'd for our Sovereign Lord, the King, by vertue of the power committed to me as well as by an Act and order made by William Bradford and his Associates assembled in Court Anno Dom. 1636 as by after Acts and orders of Court since made for ye more full assurance and absolute confirmation of all the said lands above men- tioned both upland, Marsh, Meadows. Swamps, together with all the wood, trees, timber, underwood lyeing, standing or growing thereon or on any part or parcel thereof, & all rivers, brooks, creeks, coves, bays, ponds & waters therein or thereunto belonging, together with all rocks stones, mines, minnorals with all herbage, feedings rights, liberties, privileges & appurtenances thereto belonging or any wise appertain- ing as to other grants of Court have been accustomed unto the propri- ated Inhabitants and other proprietors alltho. not inhabing the said Town of Taunton according to each person, his or her several respective rights title and interest therein. To have and to hold the same unto ye said proprietors respectively and to their respective heirs and assigns forever to be holden of his Majestie his heires and his successors as of his Manor, of East Greenwich in the County of Kent in the Realme of England in free & common soccage & not in capitie nor by Knts service, yielding and paying to our Sovereign Lord the King, his heirs and successors, the one-fifth part of the ore of gold and silver and one other fifth part to the president and council according to the form and
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QUARTER MILLENNIAL CELEBRATION.
tenour of our grant. Granted in our Charter or Patent having hereunto fixed the common seal of ye Government. Given the tenth day of June Anno Dom. 1685 Annoqe R Rs. Jacobi secundi primo &c.
THOMAS HINCKLEY
Publique and ye seal.
Vera Copia extracted from the original & entered upon record March ye 28, 1709 by John Cary Recordr. |Bristol Co. No. District Land Records, Book V. Pages 479 & 480.]
By all these conveyances it would seem that Taunton had a perfect title to all the lands therein mentioned ; but in 1689 Major William Bradford having made some claim to all this territory, the town paid him twenty pounds for his alleged rights, and he gave a deed of release and confirmation to John Poole and one hundred and three others, whose names are given in Vol. IV of Mr. Baylies' Memoirs, p. 81, and note.
There was therefore much foundation for the statement of .
John Richmond, son of the first purchaser, of that name, made in 1698, in a letter from him to Lieut .- Col. Elisha Hutchinson and others, dated Taunton, April 30, 1698, to be found in the State Archives, Vol. 113, p. 167, in which he says :-
"We bought it first of Woosamequin in the year '39 or '40 (this was in my minority) the sum paid I know not; then we bought all again of Philip, and paid him 16 pounds for it; then we bought that very spot of Josiah, he claiming some land there as appears by his deed, then we bought that spot again, with other land of Maj. Bradford, he had 20 pounds more," etc.
By the foregoing deeds it appears that the South Purchase, was originally about four miles square ; but a controversy soon arose between Taunton and Swansey as to the new territory, which in 1672 was referred to the General Court at Plymouth, which made this order thereon :
"In reference to a controversye depending betwixt the townes of Taunton and Swansey respecting the lands mortgaged to the Treasurer by Philip, the sachem, being by the said townes respectiue agents re- ferred to this Court for the finall determination and issue thereof, whose pleas being heard and duly weyed, this Court orders, that the three miles first purchased, for which a deed hath been obtained of the said sachem,
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APPENDIX.
shalbe and belonge vnto the towne of Taunton, and accoumpted within theire township, provided that Swansey men doe pay or cause to be payed theire full part of the payment made or to be made for the re- deeming of the said lands mortgaged, or for the farther payment of the purchase vnto Philip, according both for specie and time equally pro- portionable to the other lands purchased as abouesaid; alsoe that Swan- sey men shall from time to time allow convenient ways to Taunton men vnto their meddows lying within the line of Swansey and timber to fence them, with such smalle stripps or points of vpland to run theire fence on as may be necessary for fencing the said meddowes, and that the said meddowes bee exempted from rates att Swansey." [Ply. Col. Rec. Vol. V, page 107.]
But this adjustment did not apparently prove satisfactory, for on the next July the agents of each town made a division by which "the property of the two miles abutting on the salt water shall belong to Taunton, and that the property of the other two miles, running into the woods shall appertain and belong to Swan- sey, the town of Swansey paying to Taunton thirteen pounds ten shillings, [Ply. Col. Deeds, Vol IV, p. 105] This accounts for the projection of a corner of Swansey into the southwest corner of Dighton, and which has since been called "The Two Mile Pur- chase."
APPENDIX S.
[Page 48.]
In the Spring of 1621, (March) Massasoit and the Colonists entered into an alliance, called the Peace of Plymouth, the terms of which were :
" First, That neither Massasoit, nor any of his, should injure nor do hurt to any of the Colony.
Secondly, That if any of his did any hurt to any of theirs, he should send the offender that they might punish him.
Thirdly, That if any thing was taken away from any of theirs, he should cause it to be restored, and they should do the like to his.
Fourthly, That if any did unjustly war against him, they would aid
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QUARTER MILLENNIAL CELEBRATION.
him; and if any did war against them he should aid them.
Fifthly, That he should send to his neighbour confederates to certify them of this, that they might not wrong them, but might be likewise comprised in the conditions of Peace.
Sixthly, That when his men come to them on any occasion, they should leave their Arms, (viz. : Bows and Arrows) behind them.
Seventhly, That, so doing, the Sovereign Lord, King James, should esteem him as his friend and Ally."
[Neal's Hist. of New England. Vol. I, p. 98.]
This treaty renewed in March, 1639, was faithfully kept by Massasoit until his death in 1660 or 1661. His son Alexander succeeded him, but died in about a year afterward. Philip then be- came the Chief Sachem, and in August, 1662, renewed the treaty of his father with the Colonists, which is thus recorded in the Ply. Col. Rec. Vol. IV, p. 26.
"Att a Court of Assistants held att Plymouth on the sixth day August auno Dom. 1662 Philip, alias Mettacum, sachem of Pocanokett, making his appearance, did earnestly desire the continuance of that amitie aud friendship that hath formerly bine between this goument and his deceased father and brother; and to that end the said Phillip doth for himselfe, and his successors desire that they may foreuer remain subject to the Kinge of England, his heires and successors, and doth faithfully promise and engage that hee will not att any time needlessly or vnjustly prouke or raise warr with any other of the natiues, nor att any time giue, sell or any way dispose of any lands to him or them appertaining to any strangers, or to any without our priuity, consent, or appointment, but, will in all things indeauor to carry peaceably and inoffenciuelly towards the English.
And the said Court did then alsoe expresse theire willingness to con- tinew with him and his abouesaid friendship, and doe on their pte prom- ise that they will afoard them such friendly assistance by aduise and otherwise as they justly may; and wee will require our English att all times to carry frindly towards them. In witness whereof the said Phillip, the sachem, hath sett his liand, as alsoe his vnkell, and witnessed vnto by sundry other of his chiefmen.
The marke of P Phillip allis Metacum, Sachem of Pocanakett.
The marke of Vncumpowett, Vnkell to the abouesaid sachem.
Witnesse John Sasomon,
The marke of Francis, the sachem Nausett.
The marke of Nimrod allis Pumpasa.
The marke of Punckquaneck,
The marke of Aquetaquesh,
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APPENDIX.
At the meeting in Taunton, in April, 1671, at which the Com- missioners from Plymouth were Gov. Prince, Josias Winslow, and Constant Southworth, Philip signed this document :
"Taunton, April 10th, 1671.
Whereas, my father, my brother and myself have formerly submitted ourselves and our people unto the king's majesty of England, and to this colony of New Plymouth, by solemn covenant under our hand; but I hav- ing of late through my indiscretion, and the naughtiness of my heart, violated and broken this my covenant with my friends, by taking up arms with evil intent against them, and that groundlessly; I being now deeply sensible of my unfaithfulness and folly, do desire at this time solemnly to renew my covenant with my ancient friends, and my father's friends above mentioned, and do desire (that) this may testify to the world against me, if ever I shall fail in my faithfulness toward them (whom I have now and at all times found so kind to me) or any other of the English colonies; and as a real pledge of my true intentions, for the future to be faithful and friendly, I do freely engage to resign np unto the government of New Plymouth, all my English arms, to be kept by them for their security, so long as they shall see reason. For the true performance of the premises, I have hereunto set my hand, together with the rest of my council.
In presence of- The mark of Philip, chief sachem of Pocanoket.
The mark of Tavoser.
William Davis.
The mark of Capt. Wispoke.
William Hudson.
The mark of Woonkaponchunt.
Thomas Brattle. The mark of Nimrod."
[Mather's Hist. of Indian Wars. Postscript, p. 7.]
[Hubbard's Ind. Wars, Vol. I.]
As Philip did not promptly bring in his guns, as stipulated in in the foregoing agreement, a letter was sent to him by the Colony, dated May 27, 1671, as follows ;-
" Since or treaty att Taunton, we are vnsattisfied in many things, but especially yt you have not so freely and fully as we expected per- formed your Tender and or agreement respecting the bringing in of all your guns. We heare of very few you have brought in, though it was known you had a great number of men in armes but a day or tow before the treaty, and many were knowne to return to Mount hope with Armes after the Treaty, and prticularly an Indian called John, the interpreter, is known to have carryed home tow guns, and lives by you, and yet you call them not in; nor have given any order, as is said, to some of your men (as in prticular them att Assonett) about bringing in these armes.
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QUARTER MILLENNIAL CELEBRATION.
And yt you had a considerable number of men near Taunton in Armes att the Time of our Treaty, to what intent may be Easilie eonjeetured. These and what Elee we might mention makes to judge it Expedient yt you should eome down and speake wth us at our generall Court the beginning of next Month, that so if it may be, peace and good agreement may be continued between us. Thus expeeting your Compliance here in we rest,
Your friends ..
Labelled-
Gov. PRINCE. A copy of this Letor sent to Phillip since the treaty
at Taunton.
[See Winslow Papers, in Mass. Hist. Soe'y, p. 59.]
To this letter Philip, so far as known, made no response. Ac- cordingly in June following, the guns which he had delivered on the Ioth of April, were declared forfeit by the General Court, by this order :
" The Court determines all the guns in our hands that did belonge to Phillip are justly forfeit, and doe att the psent order of the deuiding of them, to be kept att the severall townes according to theire equall pro- portions, vntill October Court next, and then to be at the Courts dispose, as reason may appeer to them, and then to belonge vnto the townes, if not otherwise disposed of. By the Court.
That which the Court grounds theire judgment vpon is:
For that att the treaty att Taunton Philip and his eouneel did ac- knowlidge that they had bine in preparation for warr against vs: and that not grounded vpon any injury sustained from vs, nor prouoeation given by us, but from theire own naughty harts, and because hee bad formerly violated and broken solleme eouenants made and renewed to vs; hee then freely tendered (not being in a eapasitie to be kept faithfull by any other bonds) to resigne vp all his English armes, for our future ceeuritie in that respect; hee failed greatly in pforanee thereof by ce- erett eonveying away and earrying home seuerall guns that might and should have bine delivered, and not giuing them vp since, aeeording to his engagement. nor soe far as is in his power; as appeers in that many guns are knowne still to be amongst the Indians that liue by him, and not soe much as giuing order to some of his men, that are under his ymediate eomaund, about the bringing in of theire armes."
[Ply. Col. Rec., Vol. V, p. 63.]
Philip, still continuing to act in a hostile and threatening manner towards the Plymouth Colony, was summoned before the
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APPENDIX.
Council of War at Plymouth, the result of which is thus stated in their records.
" Seurall conclusions agreed on by the Councell of Warr att theire Meeting held at Plymouth on the 23 of August, 1671, as followetlı.
I. The councell of war, haueing seriously considered of the case in reference to the Phillipe, the cheife sachem of Pacanacutt, lee hauing neglected to answare his ingagement to bring in his armes att the day appointed, and alsoe in his not coming in to giue the reason thereof, being required thervnto, and his vnkind carriages towards vs as other wise, soe in his indeauoring to insence our naiglibour collonie against vs by misinformations and by his insolent carriages and expressions of vs and against vs and likewise by his entertaining of many strange Indians which miht ptend danger toward vs; in special by his entertaineing of diuers Saconett Indians, professed enemies to this collonie, and this against good councell giuen him by his best friends; the pmises consid- ered, doe vnanimously agree and conclude, that the said Philip hath vio- lated his couenant plighted with this collonie att Taunton in Aprill last.
II. It is vnanimously agreed and concluded by the said councell, that we are necessarily called to cause the said Sachem to make his psonall appearance to make his purgation in reference to the pmises; which in case of his refusall, the councell, according to what att psent appeers, doe determine it necessary to indeauor his reducement by force ; and inasmuch as the controversy, which hath seemed to ly more eme- diately between him and vs, doth concerne all the English plantations, it is therefore determined to state the case to our naighbour collonies of the Massachusetts and Rhode Island; and if by theire waighty advice to the contrary wee are diuerted from our psent determinations, to signify vnto them, that if they looke vpon themselues concerned to engage in the case with vs against a comon enimie, it shalbe well accepted as a naigli- bourly kindnes, which we shall hold ourselves obliged to repay when Prouidence may soe dispose that wee haue opportunitie.
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