USA > Massachusetts > Plymouth County > Scituate > The early planters of Scituate; a history of the town of Scituate, Massachusetts, from its establishment to the end of the revolutionary war > Part 11
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"ordered by the Court that the Governor and Assis- tants shall appoint some to view the heigh ways, and repaire them where they are amisse, and to alter those that are not convenyently layde forth unto a moore convenient place. And that the (y,) constables shall re- quire some speciall help for the present repairs of them in the unpassable places and that those that help now to be spared in summer."
The next year :
"Edward Winslow and William Collyer, both of Marshfield, are requested to take a view of the high- wayes toward Greenes Harbor and Scituate from Plymouth, and to cause them to be amended that are in decay, or to alter them to more conveniency, and either of them to call one or two with them to do yt" and "Forasmuch as great complaint is made that the high- wayes about the colony are in decay, it is ordered by the Court, that some shall be joyned with the con-
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THE EARLY PLANTERS OF SCITUATE
stables to survey the wayes about eich towne, and cause men to repaire them viz x x x x for Scituate William Hatch and Edward Foster, and to call men to laboure thereat, as they shall bee found fitt, and if any shall refuse to help about the same, that they be pre- sented by the grand enquest."
For eight years the highways of Scituate were neglected. None had been laid out or built, notwithstanding two juries had been empanelled to lay them out and the constables by a general law t charged with the duty of constructing them. In 1642 Thomas Rawlins and Henry Merritt were chosen the first surveyors of the town. They were followed after two years of service by John Stockbridge and Walter Woodward who together served until 1648. In that year four men were chosen, namely, John Willis, Thomas Chambers, Humphrey Turner and Thomas Bird. This larger board, if we draw a correct conclusion from the record, was not particularly efficient. Its members in the very year of their election were presented by the grand jury "for not mending the hyewayes according to order" but "upon redress thereof are cleared of this presentment" and again the next year, the Grand Inquest reports "We present the serveyers of Seteat for not repairing the hieway over a marsh called Rotten Marsh." #
John Hewes, Sr., the Welshman, Ephraim Kempton, John Hollett, Peter Collamore, William Randall, Stephen
+ "1640. March 2. That the Constable see the high waies for man & beast to be made and kept in convenient repair & there- fore be also appointed surveighor for the liberty he is chosen .. That two serveighors in every constablerick be chosen each year to see that the high waies be mended competently. And if it fall out that a way be wanting upon due complaint That then the Gov- ernor panell a jury & upon oath charge them to lay out such a way as in conscience they finde most beneficiall for the Common weale & as little prejudice as may be to the particular." Plymouth Colony Records Vol XI (Laws) page 11. That part of the above law which is italicized was repealed in 1658 when the constables were relieved from this duty and "Surveyors of highwaies x X chosen and established at the Court in June annually."
¿ The road from Greenbush to Doggett's ferry over the North River.
.
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TOWN GOVERNMENT AND FREEMEN
Vinal, John Cushing, John Williams, Jr., William Barstow, Thomas Pincin and Cornet Robert Stetson were among the important men of the town to hold this office, during the time when the principal highways were being construct- ed.
The first roads were built early. These were Kent Street, Meeting House Lane, Greenfield Lane, and the Driftway. The latter is the road leading from the third cliff westerly, skirting the New Harbor marshes as far as Stockbridge's mill on the first Herring brook. Its name was later changed to Water Street but is now the Driftway again. There was also the road running parallel with Satuit Brook, now called First Parish Road and a way, not much more than a cartpath, from the "Gulph," through Farm Neck to the Har- bor. It was this road which John Williams "impropriated" by fencing in 1664. Upon complaint against him for this action, Messrs. Hatherly, Cudworth, Lieutenant Torrey, Cornet Stetson and John Turner were appointed by the court "to throw up the above mentioned fence that the high- way x x x bee not unjustly impropriated."
In 1646 Mr. Hatherly at the request of the Court im- panelled a jury to lay out a road from Stockbridge's Mill- dam to "Belle house necke" which was the name given by Vassall to the locality where he built his "West Newlands." It is the present road from Greenbush to Norwell. In 1653 a road was laid out from what is now Hanover Four Cor- ners to the Harbor. Another in the same year was built from the Stockbridge Mill or George Russell's Mill, or the old mill or Isaac Stedman's Mill, as it is interchangeably spoken of in the records, over Brushy Hill at Greenbush toward Cohasset. Next in order of time came a road from Buck's field at the Harbor f and the continuation of the highway toward the present Little's bridge over the North River. In 1654 Mr. Hatherly was "appointed and re- quested by the Court, with other inhabitants of Scituate, to
+ This was within the limits of the Conihasset Grant, and was therefore probably laid out by the Partners.
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THE EARLY PLANTERS OF SCITUATE.
provide two or three men to view and lay out the most convenientest way from Plymouth to Scituate and to see they bee appointed." The commissioners of the United Colonies were frequently meeting both at Boston and Plymouth and it was important that there should be a convenient and di- rect way between the northernmost town of the Plymouth Colony which adjoined the "Bay Colony," and the seat of government of the former. It is not known who Hatherly chose to act with him, but they soon set about the building of the "Old Boston turnpike" as it has been called for many years, which runs from Queen Anne's Corner to Plymouth. A contract was made with William Barstow of Scituate to build a bridge over the North River (now connecting Han- over and Pembroke,) and this being accomplished the most "convenientest" way between Scituate and Plymouth was established. In 1658 "On complaint of Robert Studson (Stetson), for want of a convenient way from his house to the meeting, this Court doth request and appoint Mr. Hatherly and Capt. Cudworth with any other whom they shall choose, to lay out a footway from the uper (second) Meeting house at the North River att Scituate, up said river, to the house of Robert Studson, soe as may bee most con- venient & least prejudiciall to any." It has been called "The Up River road," following the course of the stream to Hanover Four Corners, ever since. In 1661 the Conihasset partners agreed "that there shall be a highway left + for both cart and cattle from the Little Pond # into the way that goes to Hoopole Necke, upon the undivided land and from the Little pond to the sea side where the way did formerly lie between 2 slows." This was clearly intended for the accommodation of Mr. Hatherly, who had his farm about the Great Musquashcut pond at the foot of Mann Hill; John Saffin and John Hoar who lived south of it, and Wal- ter Briggs whose farm was at the Glades. Men now living remember the remains of a "way from the Little Pond to
+ Left out of the division of lands among the Partners.
¿ Little Musquashcut Pond.
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TOWN GOVERNMENT AND FREEMEN
the seaside where the way did formerly lie between 2 slows." Violent storms have since then driven back the beach and filled in the slough hole on the easterly side, but the road itself was there seventy-five years ago.
Up to the year 1639 all of the business of the towns com- prising the Colony was done at Plymouth. The election of constables and highway surveyors was held there and the Governor and Assistants conducted municipal affairs either directly, or through the agency of a local Assistant and such freemen or townsmen as might be joined with him, in a particular service. In that year towns were authorized to make such by-laws as were requisite "for the herding of cattell and doing such other things as shall be needful for the mayntenance of good neighbourhood," and affix pen- alties not repugnant to, or infringing upon any public law. They were also allowed to "make levyes, rates & taxes for their townes charges & to distraine such as shall refuse to pay the same upon warrant from the Court or Governor." The purposes for which these town rates were levied were the support of the poor and of the ministry. This latter was in accord with the Pilgrim policy, although it was not crystallized into statute until June 1657. Then it was enacted :
"Whereas this General Court takeing into their seriouse consideration the great defect that either is or like to bee in ye several Townshipes in this Juris- diction for want of an able Godly teaching Ministrey and the great prejudice to the soules of many like to ensue; and being desirouse according to our duties that such defects should not bee for want of due Incurrage- ment to such as either are or shall bee Imployed in soe good a worke of the Lord for his honner and the good of soules And in consideration that inasmuch as the several Townshipes granted by the Government; was that such a Companie might be received as should maintaine the Publicke worshipe and service of God there, do therefore judge that the whole both Church
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THE EARLY PLANTERS OF SCITUATE
and towne are mutually Ingaged to Support the same; And therefore Order and agree That in whatsoever Townships there is or shall bee an able Godly Teach- ing Minnister which is approved by this Government that then four men bee chosen by the Inhabitants, or In case of theire Neglect chosen by any three or more of the Majestrates, to make an equall and just proportion upon the estates of the Inhabitants according to their abilities to make up such a Convenient maintenance, for his Comfortable attendance on his worke as shall bee agreed upon by the Church in each township where any is, with the concurrence of the Rest of the Inhab- itants if it may be had, or by the Majestrates aforesaid in case of the apparent Neglect; and that destresse, according as in other Just Cases provided, bee made upon such as refuse to pay such theire proportions which is in Justice due; But in Case there bee any other way whereby any townships doe or shall Agree that may effect the end aforesaid this law not to bee bind- ing to them."
Other strictly local taxes were imposed for maintenance of the town military company, its stock of ammunition and the building and maintenance of a town pound and bilboes or stocks. Individual citizens were chosen to attend to these necessities the "raters" "made" the taxes and the con- stables as collectors of taxes paid them. For instance :-
"At a towne meeting held ye 12d of July 1665 Mr. Tilden was appointed by ye town to provide a barrell of powder for ye towne and what pay Mr. Tilden doth pay for ye powder the same sorte of pay ye towne doth engage to pay Mr. Tilden. If Mr. Tilden pay money for ye powder ye towne is to pay Mr. Tilden in money again, and satisfy him for his paynes."
And
"August 7, (1667)
The town agreed that the constables should pay the town's creditors before the thirtieth of January next in merchantable corn."
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TOWN GOVERNMENT AND FREEMEN
Other public expenditures for the payment of which rates were made appertained to the government of the colony. Among them were the "wages" of the Governor and Assistants; their board or the "magistrates table"; the fees of the court "clarke" and messenger; and for a bounty on wolves killed by Indians and others.
"1 June 1641 Bradford Govr.
The rates of the severall townes for the payment of the clark, & 30 bushells of corn for the messenger :-
£ S
d
£ S
d
Plymouth
05
00
00 Taunton
02
10 00
Duxbarrow
03
10
00
Barnestable
02
10 00
Scituate
04
00
00 Yarmouth
02
10 00
Sandwich
03
00
00
Rexhame +
02
Persons were rated or taxed "according to theire visible estates and faculties, that is according to theire faculties and personall abilities whether they are in lands, both med- dow lands, Improved lands or dormant lands appropriated, or in cattle goods or stock Imployed in Trading in boates barques &c., mills or other visible estate." The rate of taxation was about one pound on a hundred but this seem- ed burdensome and additional revenues were obtained by "letting out the fisheries att the Cape" and the trade at the Kennebic." ±
Excise and impost duties were levied on wines, beer, tobacco, "strong water," and whales, whale oil, iron, boards, tar, oysters and mackerel. In 1645 the tax on "every gallon of Spanish wine was eight pence; every gallon of ffrench wyne four pence; every gallon of strong water eighteen pence & every pound of tobacco one penny." The latter was not imposed upon home raised tobacco much of which was grown from time to time in Scituate. These taxes went for the ordinary charges as well as the occasion- ally extraordinary ones. When in 1663, while Prence was Governor, his vanity sought surroundings more nearly
7 The name given to the territory of Marshfield before its incorporation.
¿ Fur trading on the Kennebec River in Maine.
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THE EARLY PLANTERS OF SCITUATE
commensurate with his pride and dignity it was "ordered by the Court, that a convenient, handsome rome bee added to the Governor's house; and that the charg of the build- ing thereof bee defrayed out of the pay for Kenebecke, if that kind of pay will doe it; and if not, then a parte of those goods and the rest to be raised by rate."
Town clerks were chosen in 1646. Their duties were prescribed by law and they have not materially changed in two hundred and sixty-nine years. Assessors were not regularly chosen until 1676.
It has been apparent that although an efficient local self- government was the result aimed at by the Pilgrims, it was slow of accomplishment. A law passed in 1656 creat- ed the office of "Celectman for the better managing of the afaires of the respective Town Shipes." They were petty judicial officers at first, rather than administratives and executives. The law authorized them to hear and determine differences involving forty shillings in amount, and contro- versies between the settlers and the Indians over damage done to the latter's corn by the cattle and swine of the form- er. They could summon witnesses in these causes and were to determine them "according to legall evidence." They were originally five in number, empowered to hold four courts a year, required to prosecute intruders into their respective towns, compel persons to attend divine wor- ship and to regulate familes. t
Although another advance had been made toward self- government in the town, the spirit of paternalism in the magistracy was still dominant; and freemen chosen to the position of Selectmen must be approved by the Court before they could act in that capacity. # Scituate did not choose
1 "July 6, 1669 Whereas a great Inconvenience hath arisen by single persons in this Collonie being of themselves and not betak- ing themselves to live in well governed families, It is enacted by the Court that henceforth no single person be suffered to live of himselfe or in any family but such as the Selectmen of the Towne shall approve of."
It was not until the creation of the Province, when they were called Selectmen or Townsmen, that they began to be town fathers in a real sense.
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TOWN GOVERNMENT AND FREEMEN
them until 1666. Elder Thomas King, Cornet Robert Stetson and Isaac Chittenden were the first. The law provided that they should be able and discreet men. They were, -- the best men were chosen. John Cushing, the American ancestor of the great family of jurists, served continuously from 1672 until the reign of Andros, fourteen years later, temporarily put an end to local and colonial self-government in Massachusetts. Jeremiah Hatch served for eleven years, Isaac Buck eight: Samuel Clapp six; Cor- net Robert Stetson and Isaac Chittenden each five; Elder King three; Capt. Michael Peirce the Indian fighter two; and John Sutton, John Damon, John Bryant, Sr., Thomas King, Jr., James Briggs and Nathaniel Tilden, each one year. The frequency with which the names of these same men appear in other public capacities asserts both their prominence and worth. In addition to serving as Select- men Isaac Buck was Town Clerk for twenty-eight years. Other clerks were Richard Garrett, afterwards Clerk of the Conihasset Partners, for seven years; James Torrey, who was town clerk and clerk of the Partners at the same time, during a part of his term of service, of nineteen years : Dea- con James Torrey, son of the lieutenant was in the office thirteen years; James Cushing, son of the first John, served for seven years; John Cushing, 3rd., called junior, a grand- son of the above, was town clerk at the time of his death. He served for fifty-seven years, twenty-two and thirty-two each consecutively, the whole term broken only by the choice of Thomas Clapp in 1745. James Briggs above-named as selectman kept the town records for fourteen years. He was in office at the end of the Revolution, when this muni- cipal record closes.
The towns in the colony were early ordered by statute - to care for their poor. Three months' residence in a place without being "excepted against," gave a lawful settlement. The authority to "except against them" lay with the select- men. They were strict and severe in the performance of this duty, largely because of the fear that a newcomer might
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THE EARLY PLANTERS OF SCITUATE
become an eventual charge. Here is an example of it: "Ruth Crage, widow of Robert Crage, a transient person, with her children Robert, Elizabeth, Lydia and Lois,who have lately come into this town for the purpose of abiding therein, not having obtained, the town consent therefore, was notified and warned to depart and did depart from the town."
Deane t says that Overseers of the Poor were chosen in 1667. He is probably led into this error by the vote of the town passed April eleventh of that year.
"At a town meeting 11 April 1667-Whereas some persons out of their own sinister ends and by requests have so aptly been harbourers and entertainers of such as are strangers, coming from other towns and places, by which means the town cometh to be burdened, and themselves many times be invited. Wherefore for the preventing for the future, such and the like incon- veniences as were likely to accrue by such practice, the town being meet this day and taking the premises into their serious consideration, do by virtue (of) their power and authority given and granted to them by the Court concerning things of this nature agree, conclude, enact and order, that if any person or persons what- soever, shall after the date of these presents receive unto their houses or shelter, or harbour, entertain or retain any person that is or shall come from any other town or place, which hath not the approbation of the town, or of such men as the town hath appointed for such an end-that such a person entertaining or retaining any such aforementioned person, shall within five days after he shall be required thereunto by some- one of the townsmen deputed for to take securitie in such case, put in such securitie as they shall except (accept) for to discharge the town of such person or persons; and in case any person or persons shall pre- sume notwithstanding, to harbor retain and entertain
¡ History of Scituate page 110.
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TOWN GOVERNMENT AND FREEMEN
any such person and neglect to give in such securitie as is before expressed, that then every such person for entertaining or retaining, shall for every week after, forfeit ten shillings per week; and the town doth au- thorize with full power, those men that are appointed by the town to see the town secured from such persons, to take security in the towns behalf and for to ask, de- mand and receive such penalties or fines as by the breach of this order shall appear to be due to the town; and in case of refusing to make satisfaction therefor, to prosecute such aforesaid by due course of law in the town's behalf until they bring it to effect, and the town is to bear their charges.
The town chose these men to prosecute this order and the order bearing date the eighth of December 1664 respecting timber.
The men chosen are :
Capt. Cudworth, Cornet Stetson Mr. Tilden
The men chosen under this vote were not overseers of the poor as such. They were appointed under the statute of 1658 which required towns to choose two or three men to look after children "that all such as are not able to pro- vide necessary and convenient food and clothing for theire children and will not dispose of them themselves, soe as they may bee better provided for: and such children shal- bee disposed of by said men soe appointed as they shall see meet, soe as they may bee comfortably provided for in the premises; and the townes shall return the names of such men as shalbee so deputed into the Court." It will be seen that there is no provision in this law for an annual election of these officers at Plymouth, when the electors repaired in June of each year to choose their town officers, and that the "two or three men" so selected were confined in their duties solely to children. The statute passed June 6, 1683 put the care of the poor in the hands of "the celect men
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THE EARLY PLANTERS OF SCITUATE
in each towne (who) shall take care and see that the poor in their respective townes be provided for." For forty years before then the town in open meeting dealt with each indi- vidual necessity.
The case of George Moore is in point. As a young man he had come into the colony and lived as a servant with Edward Doty of Plymouth. He became a charge there in 1645, when the Court ordered that his goods, which had been attached by Thomas Rickard and John Rogers, who had furnished him sustenance "be sold to the best advantage and the money due them for his keepeing to be payed them as far as it will extend & if there be any over plus, it to be payd for his further maintenance." He later appeared in Scituate and was accepted. How his record at Plymouth came to be overlooked is not clear. He was granted a quantity of upland and salt marsh upon the First Herring Brook and extending thence toward the North River. The salt marsh which was laid out to him was on either side of the present road from Greenbush to Little's Bridge and was called Rotten Marsh, or George Moore's Swamp. He did not prosper in Scituate. His marsh was apparently well named and his upland perhaps not better. In 1664 the court ordered the sale of his farm and he was put in the care of Ensign John Williams at the Harbor by the town. Two years later he was still there. On May 9, 1666 :- "the day above wrighten ye towne did agree that ye Selectmen should provide for George Moore if ye town Did not met together againe before his time was expired with Ensign Williams." Later on Ensign Williams "agrees with the town to keep George Moore ye next year for 3 pounds 16 shillings, to be paid in wheat and barley." He must have still been with the Ensign in 1668 for on June 26, Williams was appointed the agent of the town "to provide a blanket and sheet for George Moore's bed." Eventually he was again at the First Herring brook. The final record seems to justify his penurious condition after years of toil upon his decayed acres .-
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TOWN GOVERNMENT AND FREEMEN
"The jury being unpannelled and sworne to inquire of the death of George More, this 26th day of March 1677, given in this following for theire verdict :---
Wee, who according to our oath had the viewing of the body of George More, of Scituate, cannot find either by persons or things what was the cause of his death, but according to our best understanding, wee apprehend that it was some suddaine fainting fitt, or some stoping of his breath, was the whole and sole cause of his death." f
It is not the purpose of the writer to dwell in these pages, upon those unfortunates whom adverse circumstances forced to "go on the town." The sole reason for doing so, exists in the fact that no true picture of this colonial town can be drawn, and no just estimate of the pilgrim character be reached, without showing the latter as he was in the crea- tion and maintenance of that civil body politic for the advancement of the Christian faith, which he had promised in the cabin of the Mayflower to uphold. No better oppor- tunity is offered than the manner in which he treated the public poor. One more case will suffice :- Thomas Hickes had come to Scituate from Plymouth, where he had been for seventeen years, in 1640. Both he and his wife were well advanced in years. His farm here was at the east of Brushy Hill and about a mile southwest from the Harbor. It was small and unproductive. For twelve years both managed to subsist upon it and in 1652 when he died, the small estate remained to her intact. Old, sick and feeble, she was unable to maintain herself, and was compelled to seek assistance from the town. In town meeting it was :- "agreed, and chose Walter Briggs and Robert Sprout to take ward of Widow Hickes and to maintain her upon her own estate as far as it will go, and then the town to make supply afterwards, and place her in the fittest place they can for her comfort and the towns profit; and the town is not willing to be charged with
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