Bristol County, Massachusetts - Chapter 60, 1883 (part 2 of 3)

Doughty, upon condition that the townsmen of Taunton shall make all the swamps betwixt Plymouth and Taunton passable for man and horse." The grant of this sum does not seem to have proved a sufficiently powerful inducement for the town to do the work, for at the court in October, 1647, the following action was taken : " Whereas, the township of Taunton had a line of thirty shillings given unto them for and towards the amending of their' highways in certain swamps, the court understanding that they, having received the said fine, but not done the said work, doth order that the work be forthwith sufficiently done, or else that the money be repaid by them to the treasurer for the government's use by March court next. Mr. Browne undertook that the one of the two should be done." But even Mr. Browne's undertaking seemed to effect nothing, for two years after " the town of Taunton was presented for not mending the highways between Taunton and Plymouth, which they are ordered by the court to do, or to return the thirty shillings fine of Francis Doughty allowed them for that end." In March, 1649, again, " We present the way wardens or surveyors of Taunton for neglecting to mend the highways." The surveyors were John Dean and Richard Stasy. It appears by an entry in the margin of the record that they were cleared. Whether the swamps between Taunton and Plymouth were made passable may be doubtful, but no further action in reference to Mr. Doughty's fine was taken.

In March, 1645, " information was given unto the court by Mr. Browne, that John Gilbert, Jr., of Taunton, was vehemently suspected of felony for divers things, and obtaining leave to go for England, made over his estate in Taunton and elsewhere, amounting to the sum of forty pounds, or thereabouts, unto Nathaniel Sowther, for and on behalf of the government of New Plymouth, for saving this government harmless concerning such things as might or may be objected against him for or concerning any matter or thing of such like nature, and for the answering of all such matters the next court, or else the next General Court after his return out of En<*- land, to answer in his own person, which is to be in two years next ensuing." At the June court following he was called, but neither he nor any for him made answer. At the same court, John Maycumber, of Taunton, was fined five pounds "for abusing the magistrates in concealing and misinforming the last Governor and Mr. Browne, and divers other of the assistants in the case of John Gilbert, Jr., whereby he is at large, and divers persons are deprived of receiving their goods again, and the said Gilbert is gone into England." William Parker and Richard Williams became bound for his appearance at the next court.

William Halloway complained to the court in June, 1646, that an old woman whom he brought out of England was chargeable to him, whereupon the

The reference to the men deputed by the town to order their special affairs shows that it was the practice thus early to choose selectmen, although it was not until several years after that the law was passed requiring the towns to do so.

At the court in March, 1654, the following action was taken : " Whereas, the wife of Mr. Thomas Gilbert hath desired by her letter that her servant, who hath received some hurt, and is now in Mr. Street's family, that there he might remain until her husband return from England ; the court hath granted her request, provided that Mr. Street be freely willing to give him entertainment, but if not these were to require the constable of Taunton to see that the said servant be provided for in some convenient place, and that he return not unto his mistress until his cause be heard and further order taken in the same."

court took it into consideration and requested him to deliver her to the town, or whom they should appoint to receive her, with her clothes and bedding and such things as she had, and the town was to take order for her maintenance.

At the June court, 1649, Edward Bobbit, of Taunton, was presented for receiving pay for stolen "wampom," and Thomas Gilbert, constable of Taunton, was presented for letting go of one whom he knew to have stolen a quantity of " wampampege," and was suspected of other things. But their reputations were relieved from these stains by being cleared.

At the October court following, John Hathaway, of Taunton, was presented for lending a gun to an Indian. He was cleared, with admonition to take heed for the future. William Shepherd, of Taunton, at the court in May, 1650, confessed himself guilty of a crime not so readily excused, that of purloining certain goods from his mother-in-law. He was sentenced to return the goods and to be whipped at the post, the latter of which was forthwith performed.

At the October court, 1648, James Walker, of Taunton, informed against William Hedggis, for that the said Hedggis, knowing of one that had traded shot unto the Indians, and refusing to declare who it was, by a summons sent unto him was required to appear at the next General Court ; accordingly he did, and was cleared. At the court in June, 1651, the grand jurymen of Taunton were presented for being absent. George Macey and William Hailstone were the delinquents.

June, 1653. "Whereas, complaint is made of Thomas Brayman, of Taunton, that by reason of a distracted condition in which he is, that both himself and wife are out of any employment which may conduce to their maintenance and subsistence, the Court have ordered that such of the town of Taunton who are deputed by the said town to order the especial affairs thereof, shall dispose of the said Brayman as they shall think meet for one in such condition, and that his wife be put forth to service, being young and fit for the same, and having no other way so likely to procure her maintenance."

The matter was again referred to in March, 1658, as follows: "Concerning Joseph Gray, servant to Mrs. Gilbert, of Taunton, who was some time since frozen on his feet, and still is lame thereof. These are from the Court to the town of Taunton, to request them that whereas there is hopes that this spring he may be cured, if endeavors be used for that end, that they would please to take some course, either into the Bay or elsewhere, for his cure; and what expense they shall be at about the same, in regard that his said mistress is not in a capacity to defray the charge, in case her husband do come again into the country, and be found able, he shall satisfy the said charge; if not, the Court hopes it will not be unrewarded of God." In May following the court ordered that a speedy course be taken for his cure, and that the town should make a rate to defray the charge.

Jonathan Briggs, servant of William Hailstone, of Taunton, complained to the court in June, 1654, that his master had not performed his covenants to him, - in that he did not learn him the trade of a tailor, and the court ordered that Hailstone should pay his servant fifteen pounds in good and current pay with all convenient speed. In the record of the court in October, 1655, appears the following :

" Whereas an execution was issued out of the Court in March last against William Hailstone, of Tannton, in the behalf of Jonathan Briggs, of Taunton aforesaid ; and one cow and two steers were thereby seized by the marshal, being in the custody of the said Hailstone and known to be his cattle; and at the seizing and prizing of the same the said Hailstone did not at all make any intimation, nor any else, that any other person had any title to any of them, as the marshal testifieth ; but after they were delivered unto the said Briggs, Nicholas White, of Taunton hath petitioned the Court that the two steers were not Hailstone's, but his by a former bargain, and paid for by him without any fraud, as he saith. The court hath taken the same into consideration and ordered that at Mr. Browue's return home he call the said White and Hailstone before him ; that if the said White do produce testimony upon oath that if the steer was bought and delivered for his use before the execution was served, then the steers to be returned to White, and Hailstone caused to make payment in other goods, else the steers to remain as the goods of the said Briggs, his steers, to be disposed of by him to his best advantage.

It is probable that the steers were found to belong to White, for at the next June court the constable of Taunton was ordered, in case Hailstone did not pay the judgment, to attach his goods in satisfaction thereof, and for want of goods to attach his person and keep him safely until the next court. This proved effectual, and the process was returned satisfied with Briggs' receipt thereon as follows : " I, Jonathan Briggs, do most thankfully certify that I have received full satisfaction of William Hailstone of the sum of fifteen pounds," etc., " and hereunto I have set my hand June 21, 1656." The following September Briggs appeared at court, and for divers reasons and considerations made choice of Mr. Thomas Prence, of Eastham, to be his guardian until he was twenty-one. The court afterwards allowed to James Walker, for his pains and charges about the foregoing controversy the sum of twenty shillings, and the court conceived that Briggs ought to satisfy Walker further what was meet in the premises, at least to make it up to forty shillings.

A complaint was made at the June court, 1657, against Robert Crossman, of Taunton, for wronging an apprentice of his, and the selectmen were ordered to take course about the same so that the said servant be heard in any just complaint, and relieved. But in case it could not be so settled, both master and servant were ordered to appear at tbe court of assistants to be held at Plymouth the next August. At the March court, 1655, appears the following among the presentments of the grand inquest: "We present Robert Crossman for breaking open the pound by taking down a rail and taking out his calves, tending to breach of peace and disturbance of the neighborhood." March, 1657, we find it thus recorded, " Robert Crossman, for attempting to strike George Macey with a fire brand, and for violently thrusting of him out of his house, coming in with his leave, fined five shillings."

Another instance of violence between neighbors appears among the presentments at the June court, 1656: "We present Timothy Holway, of Taunton, for his evil carriage unto Peter Pitts, tending unto the breach of the peace ; that is to say, that if Peter Pitts did stir to drive the oxen which then he had in his possession going to work, that he, that is, the aforesaid Timothy, would strike Peter down, having a pitch-fork in his hand, although he should be presently hanged for it." In the margin it is recorded, "since cleared with admonition."

About this time the town commenced action to rid themselves of certain persons of ill repute and conversation, who had come to inhabit among them. The first action taken was at the February court, 1656, and was as follows :

"At this Court the constable of Taunton brought a certain Scote, a single man, and an Irish woman named Katheren Aimes, whom he had apprehended upon suspicion of committing adultery each with other; but the Court, having examined them, could not proceed to punish them for want of clearer evidence, but having intelligence that sundry in Taunton could give evidence in the case, who were not present, the Court committed the said man and woman to the custody of the marshal until the next Court, and summoned in the witnesses to appear at the said Court, viz., Alexander Aines, John Muckclay, Daniell Mackeuey, Scotsmen, and a certain Irish woman named Elizabeth ; her other name none present do know."'

At the next court in March the name of the " certain Scote" appears as William Paule, and for bis unclean and filthy behavior with the wife of Alexander Aimes he was sentenced to be forthwith publicly whipped, and to pay the officers the charges of his imprisonment and punishment, which accordingly was performed. Katheren Aimes, for her participation in the crime, and for the blasphemous words by her spoken, was sentenced to be forthwith publicly whipped at Plymouth, and afterwards at Taunton, on a public training-day, and to wear a Roman B cut out of red cloth, and sewed to her upper garment on her right arm. And Alexander Aimes, for his leaving his family and exposing his wife to such temptations, and being as bad to her therein, was sentenced to sit in the stocks the time said Paule and Katheren Aimes are whipped, which was performed ; and he was further ordered to pay the charges of his wife's imprisonment and punishment, which, because he was very poor, he was to pay by twelve pence a week until it was all paid, and James Walker, of Taunton, was appointed to receive it in the country's behalf.

"Whereas complaint is made to the Court by the inhabitants and townsmen of Taunton that sundry unworthy and defamed persons have thrust themselves into the said town to inhabit there, not having approbation of any two magistrates, according to an order of Court, and contrary to the minds of divers of the inhabitants, to their grievance, the Court, having taken their condition into serious consideration, doth order, -

"1. That no such person be entertained by any inhabitant of the town, on the penalty of forfeiting twenty shillings for every week that they shall entertain them without the approbation of the five selectmen appointed to order the public affairs of the town; and iu special that William Paule and his wife be forthwith expelled the town.

"2. Likewise, it is ordered, that you give warning to your townsmen, that no person or persons of your town do sell, hire, or give house or land to any person, so as thereby to bring them in to be inhabitants amongst them, but such as have approbation of two of the magistrates at least, according to au ancieut order of Court, as they will answer their contempt in doing the contrary.

" 3 and 4. For your third and fourth grievance, we conceive that if your constable and grandjurymen do their duties, there will be a full redress of such abuses.

"5. Mr. William Parker, being deputed by the Court to administer an oath to give true testimony to the grand inquest, and likewise in his highness' name to issue forth warrants to subpcena in witnesses to give testimony to the Court or grand inquest iu such cases, that the Court order in the premises be improved as occasion shall require as a preparative way to further justice.

" Lastly, the Court doth order that the five selectmen of your town - viz., Capt, William Pole, George Hall, Mr. William Parker, Lieftenant James Wyatt, and John Dean - do forthwith, ou receipt hereof, require your constable to warn a town-meeting, that so these things may be published in your town."

For the General Court held March 2, 1657-58, special warrants were issued to the constables of the towns, commanding them in the name of his highness, the Lord Protector of England, Scotland, and Ireland, especially to warn the grand jurymen to be in attendance; also to warn their townsmen to come together, and to declare unto them that forasmuch as there were divers persons in several places that by word and act represent things of sad consequence to the government, they should make choice of some able and fit persons for deputies to attend the General Court, to whom the matters complained of might be more fully imparted. William Parker and James Walker were chosen deputies from Taunton.

During the session the case of William Paule again received attention, as follows: "Whereas the Court conceiveth that his abiding there will be a continued occasion of division and contention amongst the inhabitants thereof, they do therefore order that, according to a former order sent thither, wherein he is requested to depart, that accordingly he do so with all convenient speed." There is no sufficient reason for supposing this William Paule, " a Scote," to be the son of Richard Paul, one of the first purchasers. The -whole dealing of the court and the town with him shows that he was a new-comer who had thrust himself in without the required approbation of two magistrates, and not a native-born citizen of the town.

The sanctity of the Lord's day was vigorously guarded by the court. At the session in October, 1658, it is recorded: " Leiftenant James Wiatt to be sharply reproved for his writing a note about common business on the Lord's day, at least in the evening somewhat too soon." At a previous court the grand jury presented " John Smith, of Taunton, for needless traveling upon the Lord's day from Taunton to Nunckatateesett and so back again."

The court took care that wood and timber should not be taken and carried away by unauthorized persons, as the following order passed in June, 1661, will show : " It is ordered by the court that a special warrant shall be directed to the constable of Taunton to attach the persons or estates of such as shall come up Taunton River to fetch away the timber or woods to convey it out of the government. . . . and that the like course be also taken with all such as shall come into the government and hire or buy lands of the Indians without order."

"Upon the complaint of some of the inhabitants of Taunton, that some there have gone about to alter the ancient way of distribution of lands in that town formerly settled and long practiced, whereby, besides many other inconveniences that do arise thereby, some Indians that by the leave of the town had liberty to plant corn in the remote parts of the township are disturbed in the improvement of the said lands, to their great impoverishing, by such persons their taking up such great quantities of land, which is ill resented by us; we do therefore require them to desist from any such practice as that which we fear may create much trouble and inconveniency, until we have further inquired into the same."

Difficulties arose early in 1664 concerning certain injuries done to the saw-mills at Taunton in the night time, and William Witherell and Gyles Gilbert were suspected of being concerned in those injuries. They were bound over in the sum of twenty pounds each, to be of good behavior towards the king and all his liege people, and especially to keep from libelling, and to appear at the next court. Hezekiah Hoar was surety for Witherell and George Watson for Gilbert. The reason for requiring the bonds is given in these words : " That whereas James Walker, being a partner in the saw-mills at Taunton, complained of great hurt done to the said saw-mill by some persons that came in the night in a felonious manner and stole away several things, and did great spoil, and left a libellous paper behind them ; and it being suspected," etc., bonds were required. At the next court in May, Joseph Gray and Samuel Linkorn, being summoned, appeared to answer for being partners in doing great hurt to the saw-mill at Taunton, and being examined in the premises owned that they were guilty therein. They were required to give bonds in twenty pounds each. George Watson was surety for Gray and Thomas Leonard for Linkorn.

The saw-mill referred to was upon the Mill River, exactly where it i? not easy to tell ; Witherell lived near Winnecunnet Pond, and he and Gilbert owned woodland there and perhaps were interested in some other saw-mill, and so were jealous of Walker and his partners.

"Whereas, at this Court, the above bounden Joseph Gray and Samuel Linkorn, together with George 'Watson, complained of great wrong, sustained not only by them, but by the whole town of Tauuton, by James Walker his neglecting, according to engagement, to leave a sufficient passage for the herrings or alewives to go up in the river on which the saw mill standeth, the Court directed an order to the constable of Taunton to require him to signify unto the said James Walker that he speedily take course that a free passage be left for the going up of the alewives in the said river while yet some part of the season remains of their going up."

At the June court a further order was made to the effect, " That betwixt this date and the next season of the fishes going up, they, the said owners of the mill, shall make or cause to be made a free, full, and sufficient passage for the going up of the said fish, or otherwise, upon the further complaint of the town, the court will take an effectual course that the same shall be clone."

Iron was used as a medium of exchange and for the payment of debts and public rates to a considerable extent, which will explain another order of court passed in 1677, as follows:

" The constables of Taunton, now in being, are required by the Court, that when a parcel of iron shall be attached by them for the defraying the rate for the soldiers' wages, that they require Ensigne Thomas Leonard, or James Leonard, to draw it forth into merchantable bars."

In July, 1667, the court allowed the sum of ten pounds towards the building of a bridge over Taunton River. The locality of the bridge was not indicated. The general training for that year was appointed to be at Taunton on Wednesday in the second week of October.

"In reference unto a gift pretended to be given by Philip, the sachem unto James Leonard, sen , the court have granted that in case he do produce a deed of gift from the said sachem for the said land, under his hand and seal, at the Court to be holden at Plymouth the first Tuesday in July next, that then he shall have fourscore or a hundred acres of it."

In July the court refer to the matter again in nearly the same terms, granting his request " for a small neck of land," provided he can procure a deed from Philip, and that it prejudice no former grant.

The manufacture of tar was an industry of considerable importance in the colony, and in 1670 the court took measures to prevent its indiscriminate sale to persons outside the jurisdiction, hy providing that for the term of two years it should be sold to such within the colony as would agree to give eight shillings in money for every small barrel, and twelve shillings for every great barrel. A number of men contracted to buy all the tar made in the colony at the above price, the same to be delivered at the water-side in each town in good merchantable casks, and the towns were divided among them. Edward Gray and William Clarke took for their share Plymonth and all the western towns of the colony, "John Cobb's, of Taunton, being the place of delivery of what tar shall be made within the liberties thereof." The court charged and required all coopers to see that the casks they made were sufficiently good and tight, and the casks were not to be less than would contain sixteen gallons, beer measure.

William Witherell and Samuel Smith were appointed in 1671 a committee for Taunton, to see to the gathering in of the minister's maintenance, the same to be paid " satisfactorily and seasonably both for time and specie."

At the same court, June, 1671, action was taken to prevent excessive drinking of liquors in ordinaries or taverns, showing that the regulation of such places was a troublesome problem then as it is now. The action of the court is worth quoting:

"For the prevention of abuse by the excessive drinking of liquors in ordinaries, this court doth order, that every ordinary-keeper in this government shall be hereby empowered and required that in case any person or persona do not attend order, but carry themselves uncivilly by being importunately desirous of drink when denied, and do not leave the house when required, such ordinary-keeper shall return their names to the next court, that so they may be prosecuted according to the nature of the offence, and in case any ordinary-keeper shall neglect so to do he shall be fined five shillings for every default. It is further ordered by this court, that some two or three men be appointed in every town of this jurisdiction to have the inspection of the ordinaries, or in any other places suspected, to take notice of such abuses as may arise in reference to the premises, or otherwise, and make report thereof to the court."

" Speaking evil of dignities" was narrowly watched and summarily punished, as the following examples will show: June, 1671, "Nathaniel Woo Iward, for speaking abusive words against Mr. Shove, the pastor of the church of Taunton, was sentenced by the court to sit in the stocks during the pleasure of the court, which accordingly was performed." March, 1672, "Richard Godfrey, of Taunton, being presented for j speaking opprobriously of some in place in the town of Taunton, was sentenced by the court to sit in the stocks at Taunton on a training day, so as it exceed not two hours." If similar acts received a like punishment now there would be a scarcity of lumber and a fearful multiplicity of courts.

Frequent complaints were made to the court by the Indians of damage done to their corn by the horses and swine of the English, of which the court took commendable notice, punishing the owners of the animals by fines, and ordering them to make restitution. In 1671 committees were appointed in the several towns to view the damage thus done. John Hathaway, Edward Babbitt, and James Phillips were the Taunton committee.

A controversy of long standing between William Hailstone and James Walker was referred to the court in July, 1672, for final direction and settlement. The trouble arose concerning the suit of Jonathan Briggs against Hailstone, already mentioned. Hailstone had petitioned the court for a review of that action, and his petition was granted, but he failed to prosecute his review, and Avas accused of falsifying in several particulars in his petition. The court had taken up these accusations, whether upon the complaint of Walker or not does not appear, but it seems Walker had made or repeated the accusations, and this was the occasion of the difficulty between them. The matter had been referred to the arbitration of Mr. John Wiswall, Mr. Richard Callicott, and Capt. James Johnson, and their award was now brought to the attention of the court, who directed " that forasmuch as that it appears, upon examination, that the said James Walker hath not performed the latter part of the said arbitration, viz., to repair the said Hailstone his reputation in the church . . . the court do therefore order that he shall pay, or cause to be paid, unto the said Hailstone the sum of five pounds, in either good, merchantable pork, or good bar iron, betwixt this date and the fifteenth day of October next, at price then current; and whereas the said James Walker did openly and unadvisedly, on a Lord's day, accuse the said William Hailstone of telling several palpable lies, and founded upon a lie, whereby the said Hailstone was much scandalized, this Court doth hereby advise the said James Walker publicly to acknowledge the wrong he hath done him, in the meeting, on the Lord's day, in the congregation ; and this our award and joint determination to be a full and final issue of all such differences and controversies as relate unto the premises."

Ensign Leonard and John Tisdale, Sr., were appointed by the court in October, 1672, as a committee for Taunton, to see to the execution of the orders of court prohibiting the transporting of planks, boards, bolts, or bark out of the government, the order bearing date June, 1672.

October, 1674, " An order was directed from this Courfto require several persons who have come into the colony without the approbation of the governor and two magistrates, contrary to order, living at

Taunton and down Taunton River, to depart the government betwixt this date and the 28th of February next, or to make their personal appearance at the Court of his majesty the first Tuesday in March next, to answer their neglect or contempt of the said order."

October, 1678, again, " Whereas complaint is made by some of Taunton that one Samuel Chivericke is come into their town disorderly, and continueth there contrary to the mind of the townsmen, these are therefore to require the said Chivericke either speedily to procure their approbation to stay there, or otherwise forthwith to depart the said town."

At the above court, James Walker, James Wilbore, and Encrease Robinson were appointed " to take notice of such 'liquors as are brought in disorderly into the town of Taunton, and to make seizure thereof according to order." Truly the seizure clauses in our present liquor laws can claim a respectable antiquity.

Provision was made at this court in the following terms for the widow of Lieut. Wyatt, who was found dead in his field, July, 1664, as related in another place : " Whereas it doth appear to the Court, that Mistress Mary Wyatt, of Taunton, widow, is in great necessity and a very low condition, in want of maintenance, notwithstanding the estate of her deceased husband came by her, these are to give liberty, and appoint and authorize Mr. James Walker, William Harvey, sen. and Walter Dean, or any two of them, to lease out some of the lands or meadows of the said Leiftenant Wyatt, and the pay or benefit arising thereby shall be improved for the relief of the said widow, Mary Wyatt."

" that one Ephraim Phillips, an idle, extravagant man, and Marey, his pretended wife, are lately come into Barnstable without their consent, from Taunton, where they lately for some year or years have had their residence, and notwithstanding the selectmen warning them not there to abide, but to depart out of the said town, they have refused, or quickly returned again after their departure out of the said town, intending there to reside, whereby they are likely to be charged, and otherwise annoyed and damnified; and whereas the selectmen have, according to order of Court in that case provided, made their application to this Court for redress, these are therefore in his majesty's name to will and require you presently on receipt hereof, to attach the said Ephraim Phillips, and Marey, his wife, and them to carry or convey to the constable or selectmen of the town of Taunton, who are hereby in his said majesty's name required to receive them, and there suffer them to abide until the Court shall otherwise order."

" This Court doth order, that all such as are not of our colony be hereby prohibited of fetching oysters from Taunton River with boats or any other vessels ; and in case any such shall persist on in so doing after warning given to the contrary, this Court doth order John Hathway, of Taunton, and do hereby empower him to make seizure of such boats and vessels for the colony's use."

"These may certify unto you, Phillip Pointing, that you are«not to prohibit or obstruct John Hathway, of Taunton, in his egress and regress in the way from a farm that was formerly Mr. Street's, and from thence to the town of Taunton."

John Hathway, above named, was in September following " sworn constable of the neighborhood or ward of the Fall River and places adjacent," and John Read, of Taunton, was ordered by the court to appear at the next court to take the oath of a grand juryman for the same precincts.

A lengthy pauper case was begun in October, 1680, concerning the settlement of John Harmon, described as " a decrepit man who came from Taunton unto this Court, concerning whom debate hath been had before the Court by several of the town of Taunton, and several of the town of Plymouth, unto which place of the two he should belong," and the court ordered that he should remain at Plymouth until the next June court, one-half of the charge to be paid by Taunton to Plymouth, according to the engagement of John Bichmond, their agent, and the court would then make a final determination. Subsequently the sum fixed for each town to pay to one Robert Bawson for his support was three shillings a week. At the July court, 1682, the town of Dartmouth was notified to send an agent to the court, with other towns where the said Harmon had of late been residing, that their allegations might be considered pro and con ; but it was made to appear that he had for a considerable time immediately before the war been in Dartmouth, whereby he seemed as probably to belong to that town as to any other, and the court therefore ordered Dartmouth to keep him until the October court. In July, 1683, the final order was made that Plymouth should maintain him until their year was expired, and then Taunton to take him for a year, and so they were to entertain him alternately a year at a time, until it should be found just and equal that some other town should bear a part therein. No more sharply contested suits are tried in our courts at the present time than those between towns as to the support of paupers. The method of dividing the responsibility, in doubtful cases, between two or more towns, however, is no longer practiced.

In 1683 the profits of the Cape fishery were divided among several towns for the benefit of the schools as follows : " To Barnstable scoole, twelve pound ; to Duxburrow scoole, eight pound ; to Behoboth scoole, five pound ; to Taunton scoole, three pound ; and two pound to Mr. Daniel Smith." Mr. Smith was of Behoboth, and was for many years one of the Governor's assistants, as also several times chosen one of the commissioners of the United Colonies.

At the court in July, 1685, Moses Knapp, of Taunton, appeared and gave bonds to appear at the October court, to make further answer unto such particulars as should be inquired of or laid to his charge concerning the death of Bichard Stephens, Jr., of Taunton. At the October court -this is the record :

"Moses Knapp, of Taunton, being found guilty of the death of Richard Stephens, by misadventure, by the grand jury of our sovereign lord the King for this colony, he, the said Knapp, owning the same and re- ferring himself to the Court, the Court, considering' it was casual, and he cleared hy the party before his death, and no relation appearing against him, do therefore admonish the said Knapp and dismiss him."

It has been mentioned that Richard Paul was licensed in 1640 to keep a victnaling-house at Taunton. That included the privilege of selling liquors under the strict regulations imposed by the law. In June, 1644, it is recorded, " William Parker is licensed to draw wine at Taunton."

In August, 1663, " liberty is granted unto Thomas Leonard, of Taunton, sen'r, to sell strong liquors and wine in the said town betwixt this date and the Court to be holden at Plymouth in June next, and that he observe the orders of Court as are extant about selling liquors and wine, and that he keep good order in his house with them to whom he sells any." The following March the court, " understanding that James Leonard, of Taunton, having buried his wife, and in that respect not being so capable of keeping a publick house, there being also another ordinary in the town, do call in the said Leonard his license."

In March, 1677, Edward Rew was granted a license to keep an ordinary at Taunton, and it was enjoined upon him "that he keep good orders in his house, that so no abuse be suffered by him on that account." July following, Nicholas White, of Taunton, was fined thirty pounds for selling liquor to the Indians several times contrary to law.

In June, 1679, James Walker was licensed to keep an ordinary at Taunton, with the usual injunction to keep good order and suffer no damage to be done. Edward Rew had died the previous year leaving a widow, whom Walker had married, he having lost his wife about that time.

In June, 1685, we find it recorded, " The court hath granted liberty to Sergt. William Witherell, of Taunton, to retail cider, beer, and strong liquors," and in October following " the court have granted liberty to Thomas Leonard and Shadrach Wilbore, both of Taunton, to sell strong liquors by the gallon, so that they are careful not to sell to such as will abuse the same." In the proprietors' records, under date of Dec. 13, 1669, "Thomas Harvey, of the ordinary," is spoken of. It is probable that others not mentioned in the records sought and obtained what seems to have been regarded as the valuable privilege of " keeping tavern" and selling liquor. The license-fee fixed for retailers in Taunton in 1669 was two pounds.

The territory of the colony was infested with wolves in the early days to such an extent that vigorous measures were taken by the General Court and the towns for their extermination. As early as 1642 it was enacted by the court that all the towns within the government should make wolf-traps, a'nd bait them, and look to them daily under penalty of ten shillings for every trap that should be neglected. The number required to be made by the several towns was, for Plymouth, five; for Duxburrow, five ; for Scituate, four; for Sandwich, three; for Taunton, two; for

Yarmouth, three ; for Barnstable, three ; for Mansfield, two. In 1665 two wolf-traps were required in each town under a penalty of five pounds for neglect therein. Bounties were offered for trapping and killing wolves. Five bushels of corn for every wolf killed were at one time allowed, and to an Indian half a pound of powder and two pounds of shot. Afterwards a coat of trading cloth was given to every Indian killing a wolf, and fifteen shillings a head to the English. In the lay-out of lands by the proprietors the wolf-traps are often mentioned to fix a boundary or locality.

A few names of such as claimed the bounties for killing wolves are given in the Colonial Records. It may interest our modern sportsmen to know who some of the ancient Taunton wolf-hunters were. In 1690 the account for Taunton was, -

Henry Hodges, of Taunton, one; Joseph Leonard, of Taunton, killed by an Indian, one; Richard Stephens, of Taunton, one; Thomas Briggs, Sr., of Taunton, one.

In 1691 the following was the list: Daniel Briggs, one; Thomas Briggs, one; Mr. Giles Gilbert, one; Thomas Briggs, Sr., one; Richard Stephens, four; Joseph White, two.

No more important local office was created by the General Court than that of selectman. It is not quite certain when the first law relating to the office was passed. In 1658 it was enacted by the court that one or two of the selectmen whom the court should appoint in each township, be empowered to administer an oath in all cases committed to them, and to grant executions for the collection of judgments, and that they should be under oath. In certain action taken by the court, in 1653, relating to Thomas Brayman, of Taunton, already referred to, "such of the town of Taunton who are deputed by the said town to order the especial affairs thereof" are mentioned. Again, in 1657, the five selectmen are referred to by name. It does not appear that any law was passed requiring the towns to choose selectmen until 1662. In vol. ii. of Plymouth Colony Records, which is a volume of laws, the date of this law is given as 1665. It is not until 1666 that lists of the selectmen for the several towns are given in the above-named records, but from that time forward they are given regularly. The first section of the law is as follows :

"It is enacted by the court, that in every town in this jurisdiction there be three or five selectmen chosen by the townsmen out of the freemen, such as shall be approved by the court, for the better managing of the affairs of the respective townships, and that the selectmen in every town or the major part of them, are hereby empowered to hear and determine all debts and differences arising between person and person within their respective townships not exceeding forty shillings; as also they are hereby empowered to hear and determine all differences arising betwixt any Indians and the English of their respective townships about damage done in corn by the cows, swine, or any other beasts belonging to the inhabitants of the said respective townships, and the determination of the abovesaid differences not being satisfied as was agreed, the party wronged to repair to some magistrate for a warrant to receive such award by distraint."

It is not quite accurate to say that this law created the office of selectman. It was rather recognizing a very useful class of officers already existing in the towns, giving them the sanction of the general law and clothing them with broader and more comprehensive powers. In 1647, " the seven men chosen by the inhabitants of Taunton aforesaid, to order the affairs of the town for that present year," execute a deed in behalf of the town to Henry Andrews. It is not to be supposed that this was the first year such officers were chosen. The inference is not easily resisted that it was the continuation of that useful body of prudential officers spoken of in an order of the General Court, given on a previous page, as " those seven first freemen, men of Taunton, that have undergone great travel and charges about the attending of the courts, laying out of lands, and other occasions for the town."

The adjoining town of Rehoboth, in 1644, the very first year of their organization as a town, made choice of nine men who were styled townsmen, for the deciding of controversies between party and party, the proposing of men's levies to be made and paid, and for the well ordering of the town affairs. In Blake's " Annals of Dorchester," under date of 1633, it is said, " This year the plantation began the practice of choosing men that we now call selectmen or townsmen. They chose twelve this year to order the affairs of the plantation." In the Massachusetts Colonial Records, under, date of 1647, selected townsmen are first spoken of. In all these references there can be no doubt that the same class of officers is intended. The creation of such a class of officers seems to have been the spontaneous act of those little democracies called towns. And nothing more strikingly shows the genius for self-government possessed by the early settlers of New England.

At first, and' before they were recognized by the general law, their functions and duties were prudential and administrative. Afterwards their powers and responsibilities were widely extended. The oath of office was as follows : " You shall, according to the measure of wisdom and discretion God hath given you, faithfully and impartially try all such cases between party and . party brought before you, as also give summons respecting your trust according to order of the Court as a Selectman of the Town of for this present year. So help you God."

Besides the holding of courts for small causes, they were to take notice of such in their townships as should neglect, through profaneness or slothfulness, to come to the public worship of God, and require an account of them ; to see that no single person be suffered to live by himself or in any family but such as they should approve of; to have a vigilant eye over their brethren and neighbors ; to see that parents and masters have their children and servants taught the common branches of education ; to give in the names of such as misspend their time; to bind out neglected children ; to take notice of all who come into the government without the approbation of the Governor or two assistants, and to make provision for the poor.

To such important, responsible, and delicate duties were George Hall, Richard Williams, Walter Dean, James Walker, and William Harvey called, when, in 1666, they were approved by the General Court as selectmen of Taunton. The peculiar nature of these duties suggested the apt name long ago applied to these officers of " fathers of the town."

The law that most nearly affected Taunton as a town was that passed in 1685, dividing the colony into three counties. This law is not to be found in the published volumes of Plymouth Colony Records. It was contained in a revised edition of the colony laws published in 1685, and may now be found in the " Compact Charter and Laws of the Colony of New Plymouth," published in 1836, under authority of a resolve of the Massachusetts Legislature. It is there said that there is no manuscript copy of it existing. Extracts from it are here given.

"It is ordered by this Court and the Authority thereof; that there shall be in this Colony three Counties, and that in each County there shall be kept annually two County Courts; which Courts shall be kept by the Magistrates living in the several Counties or by any other Magistrate that can attend the same, or by such as the General Court shall appoint from time to time, and to make a Court, there shall be present not less than three Magistrates or Associates, and in no case shall judgment be given without there be two consenting, or the major part of more than four Judges; and in the absence of the Governor or Deputy Governor, the eldest Magistrate shall be President of the Court; which Court shall have, and hereby have power to order the choice of Juries of Grand Inquest and trials in their several Counties, and to constitute Clerks and other needful Officers ; the County Treasurer to be appointed and allowed of by said Court annually."

" It is Ordered, That each County Court shall have and hereby have power to Hear, Try and Determine according to Law all matters, Actions, Causes and Complaints, whether Civil or Criminal, in any Case not extending to Life, Limb or Banishment, or matter of Divorce."

" It is further Ordered, That Bristol, Taunton, Rehoboth, Dartmouth, Swansey, Little Compton, Free Town, Sowammit, Pocasset, Punkatest, and all such Places, Towns and Villages as are or may be settled on said Lands shall be a County, Bristol the County Town, and the said County shall be called the County of Bristol; In which County shall be kept two County Courts annually at the County Town; one on the third Tuesday in May, and the other on the third Tuesday in November."

"That a Magistrate, or any Court shall have Power to determine all such matters of Equity in Cases or Actions that have been under their cognizance as cannot be relieved by the common Law, as the forfeiture of an Obligation, breach of Covenants without great Damage, or the like matters of apparent Equity."

It was ordered by the General Court " that in the County of Bristol there be three Associates, or county magistrates - one at Taunton, one at Little Compton, and one at Dartmouth." Mr. George Macey, of Taunton, Mr. Joseph Church, of Little Compton, and Capt. Seth Pope, of Dartmouth, were chosen.

"Taunton ye 28th of May 1689. The town of Taunton by vote elected Capt. Thomas Leonard and Nathaniel Williams Deputies for this Court, and order and improve them to act for ye good of ye Colony in geueral and for us in this town in particular, and to do their utmost endeavors to get this town free from under ye County of Bristol which the town always have been unwilling to submit unto, and do now unanimously resolve against it for these reasons;

"1st We humbly judge that neither Court or Deputies had power to sell us or our privileges to Bristol no more than to sell us to the French without our knowledge or approbation of ye town ;

" 2d That ye County rates have' been made upon us with an excess above our due proportion, and more than we apprehend we should have been rated if under ye County of Plymouth ; upon these grounds we judge it behooves us to labor to return to Plymouth again where at first we were."

Whatever endeavors were made by the deputies for the end desired proved of no avail. The next attempt made was to procure some of the courts to be held at Taunton.

"This ll,h day of May, 109:!, the town hath voted: Whereas we the inhabitants of Taunton judging it to be for ye public benefit of ye province that at least one of ye Superior Courts, if not some of ye Inferior Courts, be kept at Taunton, it being so much in ye centre of ye colony, and ye greatness of our number, compared with our neighbor towns, do order the selectmen to write a petition to ye next General Court to be held by ye Governor Council and Representatives, that we may have one or more of ye Courts held here in Taunton."

Most faithfully did the selectmen perform the duty assigned them. The original petition is, fortunately, preserved in the State archives, and is well worth a place here.

"Divers pleas of the selectmen of Taunton in the behalf of the Town to be presented to such as are willing to know the true grounds why the}' make claim to the enjoyment of Courts in their Town."

The committee notice first Bristol's principal plea against it, viz.: "Some clause inserted in their deed from our former government that they should be the County town when the County came to be divided into counties. Thereupon they plead they bought the privilege with the soil."

" Ans. They gave not the more price for the soil on account of that privilege and how can a man be said to buy a thing when nothing was to be paid for it."

"2d. The General Court gave no instructions to Gov. Winslow and the other gentlemen employed in that affair to sell or promise that privilege to Bristol."

" Having thus answered Bristol's grand argument it remains to show the equity and conveniency that Taunton do enjoy some if not all the Courts held in this County.

"1st. Taunton is the most ancient plantation in the County, and not man}' in the Province that were planted before it, and by reason of their antiquity Taunton has still looked upon it as their birthright to enjoy Courts among them. And some have observed that estates seldom thrive when the eldest son is deprived of his double portion.

"2d. The inhabitants of Taunton being the first adventurers into such inland place were consequently exposed to many difficulties, as to go on foot to Plymouth or Dorchester to get corn ground into meal, and other hardships too many here to relate. Therefore hoped their hazards and hardships should have been rewarded with such privileges as to have Courts among them in their own Town.

"3d. Were Bristol a populous city or a place of great trade by land or sea, so as to occasion most work for Courts, as was hoped at the first promising settlement, it were reason then that they should be con- Bidered ; but seeing it is not so, no reason that the other inhabitants of the County should be burthened to go such long stony journeys for the observance of formalities of law and order. In this case should be considered rather what will be for the ease of the major part of the people and not for a handful, no reason the greater part of the people should ride through the centre of the County into the most remote nook in the circumference of it, as they do when they ride to Mount Hope Neck to Court. It would be greater ease to Freetown, Little Compton, and Dartmouth to come to Court to Taunton than to Bristol, especially considering an ungovernable river betwixt Bristol and them, so that they must pass over two ferries to get thither, and if a storm arise on the Court day morning must ride many miles to head said river before they can get to Bristol, and expect to pay a fine for not coming soon enough.

"4th. It tends to the creating and maintaining good respect in the minds of the people towards their authority and judges when the,' are spectators of their wise and orderly administration, and puts a blast on those ill reports fomented against their authority, as it is in a manner lost when the most populous places are neglected and not made the theatre of their actions who are their rulers, but they ride into a corner to manage the great affairs of the County. Why should a candle be put under a bushel, and where should a physician be but where there is most need of his applications?

"Most of the actions and lawsuits arising in any Town of this County (except in Bristol itself) are concerning the titles and bounds of lands, in which cases the most ancient inhabitants are best witnesses, having been present at the bounding of most lands, and whose memories are our best records, through the brokenness of ancient times. These ancient witnesses are too old to travel twenty miles to Court, and the presence of a grave ancient person orally attesting to what he knows and explaining his testimony, is of far more advantage to a case than some shattered evidence he sends from home in writing.

"6th. Taunton is nearer to Boston than Bristol is by twenty miles at least, which will save so much riding through very bad way for the honored judges of the Circuit in case the Superior Court be removed from Bristol to Taunton.

" Upon these grounds our Town humbly desires that they may enjoy at least one or more of the quarter Sessions and one Superior Court. If they cannot obtain more they hope they shall not be put off with less.

But this request met with no better fate at the hands of the Legislature of the Massachusetts Province than the former one at the hands of the Plymouth Court. Taunton had to wait more than fifty years for the advent of a County Court. In 1746 the province Legislature passed an act providing that " from and after the thirteenth day of November, 1746, the town of Taunton shall be and hereby is made and established the county or shire-town of the county of Bristol." Under this act the first County Court, being the Inferior Court of Common Pleas, was held at Taunton the second Tuesday of December, 1746, being the ninth day of the month. The magistrates present were Seth Williams, George Leonard, and Stephen Paine. Timothy Fales was the clerk of the court.

The rates imposed upon the several towns by the court for the payment of public charges affords a basis for judging of their comparative wealth and population. In 1677 the rate of Taunton was £16; that of Scituate, £30 10s. ; of Barnstable, £24 5s. ; of Sandwich, £22 16s.; of Plymouth, £19; of Yarmouth and Marshfield, £18 10s. each. The rates of the other towns were less than that of Taunton,

Swansea, the least, being £5. In 1689 the court passed the following, which is of interest as showing the value of various kinds of personal and real property :

"October ye 2d, 1689. Ordered by the Court that the selectmen of each town take care forthwith to take a valuation of the estates of each town and village, according to the prices hereafter mentioned, viz. :

"Faculties and personal abilities at will and doom; the like where any neglect or refuse to give in a just account of their ratable estate."

It will be seen that the valuation of Taunton was larger than any other town in the county, and more than two and a half times larger than Bristol, which was made the shire-town. Bristol had been incorporated only five years, Taunton forty-six years. It it no wonder that Taunton felt dissatisfied and wronged by the preference given to Bristol. But Bristol was purchased and settled by Boston gentlemen of considerable prominence, and attracted thither men of wealth and enterprise, who expected to make of it an important seaport. The influence of these men, with their promising expectations, doubtless secured the selection of Bristol for the shire-town.

Thus far the records of Plymouth Colony have furnished important materials for this history. They have given a graphic picture not only of the public affairs of the towns but of the social and private life of the inhabitants. Those whose curiosity would seek further to disclose the faults and failings, the frailties even, of their ancestors, may find their curiosity abundantly gratified in these quaint and outspoken records. The attempt to restrain and remove by severe and degrading punishments evils of a social and private nature which the greater practical wisdom, or the looser principles of this age, would withdraw from the domain of legislation and the courts, shows how high was our fathers' standard of morality.

The charter of the province of Massachusetts Bay passed the seals Oct. 7, 1691. The last General Court of Plymouth Colony of which there is any record was held July 7, 1691. The greater and more ambitious colony absorbed the less, and the distinctive history of Plymouth Colony was finished.

From the old proprietors' records such extracts will be made as will best serve to illustrate the history and progress of the town. For many years there seem to have been no separate town records kept, but the two were combined and intermingled without reference to order or chronology. The larger part of the ancient town records were consumed in the disastrous fire of 1838, and there is no one now living who can tell how far back they extended as separate records.

"March 11,1642. Imprimis. Whereas there was a rate of two shillings for an acre laid upon the inhabitants' home grounds, for the pa3-- ment of the purchase of the lands of the township to the Indians, and other persons being received since for inhabitants, were not rated thereunto.

" It is therefore ordered that the said latter inhabitants, or others that shall hereafter be received for inhabitants, shall pay for their home lots that shall be granted unto them by the town, the said proportion of two shillings for an acre, and the said money to be kept for a public stock for such uses as shall be requisite for the use of the plantation."

" Nov. 28, 165:5. At an orderly town-meeting warned by the constable it is acted and voted that there shall be a general division of land to every inch, and to whom right of division do belong.

" 2d. It is agreed that the rule for dividing of land shall be by lots, head-', and estates, according to the last rate made, which was a rate of eight pounds made for public charges, to country charges upon every inhabitant by the raters that made that rate, ami in the division three acres to be laid toa head, and three acres to every shilling that is charged in that rate contained in this order, and three acres to the house or home lot, and those that are single men to be looked upon as two heads. This said agreement was changed, February 20th, to be one-half portion in tho division."

" Feb. 20, 1653-54. It is voted and granted 'that such as possess the lands that those that removed from the plantation, or have been received since, shall have their division that doth belong to their lots only, their persons and estates being departed hence, which said division to a sixacre lot appertains two acres and a half and twenty-six pole.

" It is agreed concerning other inhabitants that have not had divisions shall have (right) to future divisions in the lands yet undivided, provided they pay their twelve shillings apiece to public use, as former inhabitants have done, according to town agreement in that case.

"The names of those inhabitants within the township of Taunton, who are to have their division of land now agreed upon, Dec. 28, 1659, whose proportion is to be according to the rate here following, together with the quantity of land, lots, and heads, at two acres to the head, two acres to the shilling, and two acres to the lot."

"Jan. 5, 1G59. It was agreed by a free vote of the town that all orphans or fatherless children shall have their rights in all divisions of lands which are due unto them according to proportion."

"Nov. 11, 1662. It was voted by the town that none but those that are real purchasers shall be rated to the rate which is to be made to defray the charge which the purchasers are liable to pay for the measuring or laying out of the town bounds."

"Nov. 11, 1662. It was agreed by the purchasers of the town, and fully voted in a public town-meeting, that the charges of the laying-out of the town bounds shall be levied upon every purchase lot equally alike."

" Dec. 9, 1662. It was voted by the town that the former act of dividing of lands by heads and estates shall be of no force for the future."

The first meeting-house was built by Henry Andrews, at what date is not known, but in 1647 the town by their committee conveyed to him in payment thereof the calf pasture granted to the town in 1646.

"This Indenture made the eleventh day of the second month in the year of our Lord 1647 between the inhabitants of Taunton in the colony of New Plymouth in New England of the one part; and Henry Andrews inhabitant of the said plantation of Taunton within the colony of New Plymouth in New England of the other part, witnesseth that whereas there was a certain parcel of land or neck of land appertaining unto the inhabitants of Taunton aforesaid called by the inhabitants their calves pasture, That this said parcel or neck of land, it lying and being bounded by the Great River from the laud of Richard Williams inhabitant of Taunton heading it the said neck at the upper bounds thereof, and the land of George Hall, inhabitant of Taunton heading it the lower bounds thereof or near unto it, This parcel or neck of land with its appurtenances is granted and sold by the inhabitants of Taunton aforesaid unto him the aforesaid Henry Andrews and his heirs and execntorsor assigns, Tn have and to hold forever in lieu of a meeting house built by him the aforesaid Henry Andrews for the inhabitants of Taunton aforesaid for their full satisfaction for the said neck of land, and for his peaceable and firm enjoyment thereof by him the said Henry Andrews or his assigns or any or every of them, it is further promised by the inhabitants aforesaid that all such manner of persons as have been heretofore inhabitants resident within this plantation of Taunton them or their heirs or assigns ever shall challenge or demand any part or portion in the aforesaid neck of land, shall be either satisfied for their part of the charge bestowed thereon by the town in fencing, thereof to make it a satisfaction or else be satisfied in land in some other place. As also it is by these presents witnessed and promised by the inhabitants aforesaid, that this said parcel or neck of land shall not be rated by the town aforesaid : and for 'the better confirmation of this deed have the seven men chosen by the Inhabitants of Taunton aforesaid to order the affairs of the town for that present year, have set to their hands for the day and year first above written.

" Aug. 12, 1661. The five men to lay out on the neck of land on the great river next the land of Jonah Austin, a tract of the town's land for the landing of hay."

" Former act of dividing lands by heads and estates canceled." 22, 1002. It is voted and granted that such of our neighbors as are willing to build and erect a cart bridge at the neck of land shall have free liberty to build the said bridge at the neck of land, provided that the said bridge be of such a height as ordinary carriage of hay may pass under, or boats pass under when they lower their masts."

"March 22, 1668. At a town-meeting it is voted and agreed upon by the town for the making a rate of six pounds for the building of a horse bridge over the Three-Mile River at the old place in the old roadway to Rehoboth."

"Jan. 10, 1669. It is voted and agreed upon by the town, and these ten men following are chosen to draw a list of the purchasers or free inhabitants here in town as followeth : James Walker, William Harvey, Richard Williams, Walter Dean, Lieut. Macey, Ensign Leonard, Aron Knapp, John Hall, Joseph Wilbore, John Richmond.

" 2d. That an exact list he taken of the names of all such inhabitants amongst us that have right in division of lands, that so these and none but these may vote about the disposing of lands ; and also that a list be taken of all the rest of the inhabitants, to the intent that we may know who are by Court order allowed to vote in town-meeting, and who not.

"3d. And in the beginning of each town-meeting the list of all the free inhabitants or purchasers shall be called over, and if sixteen of them with the Clerk do appear at the time and place appointed, it shall be lawful for them to proceed to the enacting of such things as for which the town-meeting was appointed, but not to distribute our lands although it be due, except sixteen of the purchasers appear."

"Jan. 8, 1674. It is voted and agreed by the town that the committee chosen formerly the 10th January, 1669, them or the major part of them shall have full power to draw up a list of the purchasers or proprietors of this town, and how lands shall be settled and confirmed to the purchasers or proprietors so that the town may be freed from future damage, and also no man barred of his just right, and whatsoever this committee, or the major part of them, shall agree upon or do in or about the premises shall stand firm and good."

Another committee composed of seven persons, five of whom were members of the first committee, was appointed Jan. 21, 1678, with very much the same powers and duties imposed upon the former one. They were, in addition, to rectify their supposed lost grants and town orders. The report* of both committees were presented to the town and accepted on the same date, and seem to have been considered as constituting together* a complete body of orders for the guidance of the town. They are here given :

" The committee chosen by the said town for to ratify town orders and grants, and to bring them into a formal body so that they may stand in force, and also to determine how lands shall be recorded that they may be confirmed, both to ourselves and to our posterity.

"Amongst the many mercies that we enjoy hero in this wilderness this ought to be accounted none of the least that we enjoy such rulers chosen from amongst om selves (in the Commonwealth) and live under such Government, by means whereof, we as well as the rest of the towns in this Government, enjoy liberty and power to make such town orders from time to time as we shall find needful for the ordering and managing our prudential affairs and the maintaining the worship of God amongst us, Provided that no town order do infringe or he repugnant to any order of our Government, and considering that God is a God of order and not of confusion, anil that he hath in some measure put us into a capacity to observe and be guided by good and wholesome orders, it hath been looked upon as great pity and neglect that our town orders have not before now been brought into a formal body, distinct from the records of our lands, which our town having well considered and chosen us to do such a needful work. Although we are sensible of our own weakness and of the many difficulties in the work, yet considering the great necessity that something of this nature ought to be done and that the records of our lands may not lie in a confused manner, we have through much difficulty revised, collected, and formed this following body of town orders, reduced into chapters, as may be seen in this book, let the reader take notice, that first after this epistle he hath our orders from the town inserted, and next after that some instructions for those that have lands to be recorded, and then the preface that is before the list of purchasers or proprietors, and then the said list, and nextly there followeth the several chapters of town orders. It hath been our endeavor to compose and form the several orders in this book as they may most conduce to general utility and profit, yet several of these orders, intended for the present convenience, may probably be hereafter altered, and as need requireth other orders added, suitable to such alternate changes as is usual in affairs. Respecting town and commonwealth affairs, probably it may be that weakness may appear in what we here present to your view, for want of such able instruments as others are furnished withall ; however, our desires are that you will be pleased to accept of what we, according to the utmost of our powers, have done. Endeavouring to promote the general good of this place, and that you would seriously consider that if such a work as this is of so great importance to us at such a time as this is should be retarded and hindered, what would be the event thereof. Therefore, hoping there will be comfortable concurrence and closure with us in this work considering we aim at the peace and tranquillity both of the present and rising generations, we rest your friends and neighbors,

"At the Court of General Sessions of the Peace held at Bristol for the County of Bristol on the second Tuesday in October in the year 1702, Thomas Leonard and John Richmond, two of the committee whose names are set to the above written epistle, made oath in said court that the above written epistle and what said epistle doth refer the reader unto, and all contained in the first thirteen chapters in this book (which chapters do end in the twenty-sixth page) was all entered in this book by order of said committee before the twenty-fifth day of May in the year sixteen hundred and eighty (except something in the second chapter and something in the sixth chapter both which may plainly appear by their dates to have been entered since said twenty-fifth of May) and on said twenty-fifth of May sixteen hundred and eighty this above written epistle and that was entered before as above said, was read to the town in a public town-meeting in Taunton, and the town then declared by vote their acceptance of what said committee had done as above which is agreeable to the said town's vote which is entered in the third page in this book.

"Jan. 21, 1678. A committee chosen are these men following : William Harvey, Walter Deane, Samuel Smith, John Richmond, James Walker, Thomas Leonard, William Withrell.

"Jan. 21, 1678. It is voted and agreed upon by the town that the committee of seven men above named, the town hath chosen them for the laying out what commons shall perpetually remain commons, both for pasture and wood, for the conveniency and supply of the whole town, the first clause of the vote respecting the commons is to be brought to the town and confirmed by the major part of them, and also to take the best care they can for the settling and confirming our lands one to another, both to ourselves and to our posterity. And also to see to the amending or rectifying of our supposed lost grants and town orders, and to bring them into a formal body to stand in force ; and this committee have full power to procure what help is needful for the pursuing the work, if they see need, and what the committee shall do shall stand firm and good, and this work shall be finished to the best of their understanding, and brought to the town in a year's time after the date hereof."

"Dec. 1, 1079. The town hath voted and agreed that whereas the town chose a committee. 21st January, 1678, of seven men, and they were to finish their work there appointed in a year's time after that date; now the town hath agreed that this committee, or the major part of them,

" Whereas, By the providence of God, in the year 1638, and the year 1639, it pleased God to bring the most part of us, the first purchasers of Taunton, over the great ocean into this wilderness from our dear and native land, and after some small time here we found this place, called by the natives of the land Cohanack, in the colony of New Plymouth, and of the court of said colony we obtained grants of tracts of land for a plantation or township, as by the records of said court it may and doth appear, and then we also made purchase and bought the said tracts of land for our money of the right proprietors and owners, the Indians' sachem or princes of that part of the country, as by deed under their hands it may appear, and in honor and love to our dear and native country we called this place Taunton, and owning it a great mercy of God to bring us to this place, and settling of us on lands of our own, bought with our money, in peace in the midst of the heathen, for a possession for ourselves, and for ourposterity alter us, do mutually agree and fully determine, as an undeniable order of this town, without any evasion whatsoever, that all lands that is or shall be granted to any person or persons, whether under the denomination of a purchaser or free inhabitant orderly received into this town, shall be to the grantees and their heirs and assigns forever, in a good perfect estate of inheritance in fee simple, and that all titles of our lands within this township, so to stand in and the tenure to the grantees, and so to descend to their survivors as aforesaid.

" Whereas, It is the expectation of this town that we, the said committee, should do something that our lands may be confirmed both to ourselves and to our posterity, the town having empowered us so to do, we do therefore agree and determine, in the behalf of the town, that all persons enjoying lands, either upland or swamp or meadow within this township, when they would record such land they shall bring a fair copy of all such lands, both upland, meadow, and swamp, unto the selectmen's meeting, mentioning in the copy the bounds or quantity, or both, of each parcel, and how they possess' it, whether by purchase from particular persons, or by gift or grant from the town, and if by grant from the town, that they mention upon what purchase right and what division, if it may be, mentioning also what they have sold, and to whom, and then if the selectmen, or the major part of them, do approve of the copy and set their hands thereunto, the town clerk shall record all such lands in the town book of records, overwriting the record thereof thus as followeth :

"The records of the lands both uplands meadow lands and swampy lands of such a person, naming of him, both of what was granted him by the town, and what he bought of particular persons, and also what he hath sold, all and every parcel thereof, to be held to the graptee, his heirs, successors, and assigns forever, according to the tenor of our Charter or Patent."

" Whereas the General Court held at Plymouth, in July the 10th, 1669, made an act for quieting men's estates, avoiding suits in law, as may appear in the printed law-book, chap. 10, page 35; and whereas it is enacted by the Court that all grants of lands shall be held to the grantees> their heirs, successors, and assigns forever, according to the most free tenor of East Greenwich, in the County of Kent, in the Realm of England, granted to us in our Charter or Patent, and our inheritances to defend according to the tenor thereof, as appears chap. 10th, page 34.

"And whereas the Court formerly gave power to seven men, of the ancient inhabitants of this town, to receive inhabitants and to dispose of lands to them, for the better carrying on of the public affairs, and maintaining the worship of God amongst us, but several of those persons so received into this town, did afterwards leave and forsake the town, whereupon it was the practice of the town to divide lands (viz. such lands as such persons which left the town should have had, if they had not left the town nor alienated their rights) to such inhabitants as enjoy thp purchase lots (so called) of those that left the town, except the purchase-lot, and the purchase rights to divisions were separated, and then, in such a case the town did divide lands to those that did hold the purchase rights to divisions, but the town not having kept an exact list of those admitted to be purchasers, nor any exact record of their manner of settling lands upon persons, therefore for the preventing future trouble and inconveniences the town chose a committee, Jan. 10, 1699, to draw a list of the purchasers, or free inhabitants here in town ; the town likewise voted and agreed, Jan. 18, 1674, that the same committee shall have full power (or the major part of them) to draw up a list of the purchasers or proprietors of this town, and how lands shall be settled and confirmed to the purchasers or proprietors, so that the town may be freed from future damage, and also no man barred of his just right, and whatsoever this committee, or the major part of them, shall agree upon or do, in or about the premises, shall stand firm and good; we therefore whose names are underwritten, being the major part of said committee, do agree and conclude that lands shall be recorded unto, confirmed, and Bettled upon such persons, unto whom the town hath already granted or divided lands by virtue of their enjoying either purchase lots or purchase rights to divisions, whose names are on the list which we have drawn, notwithstanding it is not hereby intended to deprive any person (that removed hence) of his righls, but he shall have free liberty to demand and recover (according to the aforementioned law) his rights of any such person or persons to whom the town divided lands, by virtue of his possessing the purchase lot or purchase rights of any such ancient inhabitant, who was formerly accepted under the notion of a purchaser.

"This 25th of May, 1680. The town hath voted that they accept of what the committee hath done; by the committee is to be understood those that did this day present what they had caused to be entered on the Town book of Town Orders, concerning settling of our lands and town orders.

" A list of the names of the present purchasers or proprietors of the Town of Taunton unto whom the town hath already granted or divided lands, by virtue of their enjoying either purchase lots or purchase rights to divisions of land, as followeth :

" Richard Williams on his own rights, & on that which was Henry Uxley's, & on that which was Anthony Slocum's, and that which was John Gingil's.

"These purchasers or proprietors, fore-mentioned, are hereby and by virtue hereof entitled and interested only unto the first purchase of the township of Taunton and not unto any later purchases.

"This list was made and agreed upon and concluded and confirmed by us whose names are underwritten, being the major part of the committee chosen by the town for that end. Dated May 14, 1675.

In accordance with their instructions the committee drew up a body of rules and orders for the guidance of their affairs, the more important of which here follow :

" Concerning the office of the selectmen, as they are chosen by the town to manage their affairs for the good of the whole, their orders are as followeth:

" That the selectmen or the major part of them shall appoint townmeetings when they shall see a just occasion for it, and that the selectmen shall manage the affairs of the meeting, and so that those occasions for which the Town-meeting is warned be first dispatched before any other matters be introduced.

"2d. That none of the inhabitants of this town shall entertain any foreigner or stranger from abroad, except first they get the approbation of the selectmen, or the major part of them, upon the penalty of five shillings per week, to be levied on the estates of such as transgress this order, by a warrant to the constable from some oue of the selectmen; likewise none shall come to inhabit in this town contrary to the approbation of the selectmen, or the major part of them, on the penalty of five shillings a week, to be gathered as aforesaid.

"3d. In reference to Town charges, the selectmen to take an account yearly of every one to whom the Town is indebted and present the account to the Town, etc.

" 6th. It is ordered that the selectmen shall give an account yearly to the town, both of the town stock and also of what lands they lay out.

"7th. That the selectmen from time to time are empowered to take care of the poor, and to that end, if they shall see cause, to call a townmeeting to make a rate for the supply of such as are or shall be in necessity.

" 8th. Records of lands to be brought to them for their approval, and if they set their hands thereunto, then it shall be clear for such lands to pass to record."

"Jan. 5, 1659. It is voted and agreed by the town that Henry Andrews 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 these terms following, that the inhabitants of the town shall have liberty 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 above said shall need for their own particular use the said Henry Andrews and John Macomber shall sell them at the rate of four shillings to a hundred ordinary town pay, and this above said mill to be in some forwardness within one year after the date hereof, or else this order to be of no effect."

" 1st. At the Neck of Land, so-called, from the bridge down the river to the little river, and up the little river to the land of John Macomber, and a parcel of land above the bridge, sometime called Mr. Street's landing-place.

"2d. Also a lariding-place upon the great river at the foot of the hill, as goeth up to the pound, and from the land of Shadrach Wilbore up the said river to take in the spring on the upper side of the creek.

"3d. A landing-place on the great river, flanking on the north side of John Richmond's land, and bounded on the west on the land formerly in the possession of Jonah Austin; the landing-place on Jonah Austin's land is eleven rods on the great river, facing on the said river in length from the highway, and two rods and a half in breadth from the brow of the hill at eighteen foot to a rod. And the said highway between Jonah Austin's land and John Richmond's land to the said landing-place is to be one rod and a half broad, as it is now fenced on both sides.

"4th. A landing-place on the east side of the great river, southerly from the land some time in the possession of John Tisdell, and northerly from a hill called ' Fipes' (Apes?) hill as it is bounded and laid out.

"5th. A landing-place on the west side of the great river, bounded southerly by the land of Nathaniel French, and northerly up the river by a creek."

'- We whose names are under written have in the fore part of the year 1699, laid out a landing-place legally granted near the house of Nathaniel French, containing near about one acre of land, it being bounded as followeth, beginning at Taunton Great River on the westerly side of a creek or a little run of water, and ranging on a line northerly upon the westerly side of said creek or run of water till it comes to a valley of low laud, and so ranging westerly till it comes to the land formerly granted to James Tisdale, now in the possession of said Nathaniel French, and from thence ranging on aline along by the house of said French till it conies to the above said Great River, and so up by said river till it comes to the above said westerly side of said creek, and likewise a highway laid out northerly forty foot wide in every part of it till it comes to the country way that leadeth from Taunton to Bristol.

"1st. When order for the country rate is brought to the town yearly then the estate of the town is to be carefully taken by the raters, and that estate to bear the charges of the town for that year, and the Raters shall have fifteen shillings for gathering the Town's estate successively." " 18th Doc, 1671. It is voted and agreed upon by the town, whereas ,it proves difficult for the Raters to obtain a just account of men's lands, both improved and dormant, we do therefore agree and order that there shall be upon the town book a distinct catalogue of all the meadows and uplands of each person to which the Raters may have recourse, and therefore that each man do within two months after the date hereof bring in the account of their lands to the clerke. and that from time to time, as any shall alienate any parcel of lands, they shall inform the clerke, that so it may be entered in the aforesaid catalogue, upon the neglect whereof the seller thereof must expect to bear the rates of it himself.

"2d. And if any man shall refuse or neglect to give a just account of his estate to the Raters when called for, nor repair within six days, to give it to the Raters, such person shall stand to the judgment of the RateiB.

"3d. The valuation of lands and cattle as a valuation for the Raters. Improved land at 15s. per acre, ratable estale ; meadows and pasture land at 10s. per acre ; dormant land at 1 per acre; an ox at £3 an ox ; a cow at £2 5s. ; three year old cattle at £2 5s. a beast ; two year old cattle at £1 10s. a beast; one year old cattle at 15s. a beast; a sheep at 3s. a beast ; a horse or mare at £2 a piece that is above three year old > a two year old at £1 a horse or mare.

" 4th. And every Rater shall have but 12s. a piece for making of a rate and paid out of every rate they make, and the 15s. for gathering of the town's estate, shall be paid out of the town rate.

15th July, 1574. It is voted and agreed upon by the town that such persons of the town as pay their country rate in money shall pay nothing for transportation, but such as pay in wheat, Indian corn, or barley or hay or butter or iron, shall pay so much in the same specie as will pay for the transportation.

"5th. It is ordered for the future that all rates shall be recorded, both the sum that is to be levied of the town, and also the rates when made, before delivered to the constables, and the constables' account at the end of his year to be entered on record, that so it may appear what money is gathered and how it is disposed, and also the bill of the town's debts to be yearly entered on record.

" 6th. And for the making of all rates there shall be three men chosen at least by the town, and if any or either of the raters orderly chosen shall neglect or refuse to make the rates seasonably, he or they shall pay a fine according to Court order, and the town shall choose again, and no excuse shall be accepted but sickness or lameness or bound a long journey out of town.

"8th. They shall have nothing forgathering the minister's rates, but if any shall refuse or neglect to bring in the minister's rates to the place appointed by the constable, or to the minister's house, so that the constable is put upon it to distrain, then the constable shall distrain so much as will pay the principal and defray the transportation of it to the minister's house, besides the constable's fees, for gathering of town rates they shall have Is. per pound out of the same rate."

" 8th Nov., 1677. By order of the town and former practice, the Deputies and Grand jurymen shall be paid two shillings and sixpence a day for every day they are at Court ab^out the town's business, from the day they go from home until they return home again.

"It is voted and agreed upon by the town that those men that are or shall be employed at Court about the town's business, shall have the onehalf of their pay as money and the other half in country pay."

" Concerning the Towne's stock of Ammunition. "22d April, 1678. It is voted and agreed upon by the town that the Commission Officers, with the council of war of this town, shall have the whole disposing of the town's stock of powder and lead, and when disposed of to give an account to the towu for what and to whom they have disposed it."

ister of the day and year of the marriage, birth, and burial of every man, woman, and child in the township. There is no record of any clerk in Taunton until the following:

"Tlie Town Clerk chosen for this present year being this sixth of March, 1G64 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 shull 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 to commit to the said Town Clerk to keen the Town Book and the Registry the day and year above written."

The first return of births, deaths, and marriages to the Plymouth Court was made the year after the above appointment. Mr. Wilbore held the office for more than thirty years, and it is probable until his death early in 1699. The following vote appears in the proprietors' records :

"Nov. 19, 1697. The town doth this day act and vote that the Town Clerk, Mr. Sbadrach Wilbore, shall deliver up to Capt. Thomas Leonard, Our Proprietors' Clerk, the book of the records of our lands, wherein also our lands not therein recorded, may be by our Proprietors' Clerk, not that we find any unfaithfulness in our said Town Clerk, but only that our Proprietors' Clerk may be advantaged to perform his trust, and that our land may still be recorded."

Mr. Wilbore's handwriting was remarkable for its regularity and beauty. Those parts of the records kept by him are still in a fine state of preservation.

In 1687, during the usurpation of Sir Edmund Andros, he fell under his displeasure, was brought before his Council, and condemned to be imprisoned. The warrant for his imprisonment and his petition for release are here given, by which it appears that it was not for refusing to give up the town records that he was imprisoned, as has been commonly stated :