Plymouth County, Massachusetts - Civil Histouy, 1884

Civil Histouy

At a session of the Colonial Court, hulden at Plymouth in the month of June, 1669, an act of incorporation was obtained that found a place u[ion the public record in the words following :

" At this court the court {^runted that Nuuia.-^3akett sUuW be a. township, and tu be called by Lite iiume of Middlcbcrry, aiul bounded with Plymouth bound^i on the ea^tCl-Iy side, and witli the hound of Taunton on the westerly ^ide, and with the bounds of Bridgcwuter on the uurtherly side or end, and uu the southerly aide or end to extend six luilca from the wading-plaee, and at the end of said six miles to run enst tu Plymouth line, and from the said line west to Tuuntun line, and in case the west line runs to the southward of Taunton line, then to run until we come up to the southeruiost jiart of Taunton hound:, and then stjuare off north to it."

The wading-plaee noticed in the act of incorporation was where the bridge on the Plymouth road now crosses the Nemasket River, near the Star Mills.

This description does not properly apply tu the township of Middleboro' at the present time, for the reason that a portion of the town in a northerly direction was in 1734 set off and made to constitute a part of the township of Halifax, and in 1853 about one-third of its remaining territory upon the southwesterly side was detached, set otf, and made to form a new and distinct town, known as Lakeville.

For uiauy years previous to the setting off of Lakevillo, MidJIeboro' in its territorial limits was the lari;cst tuwn in the State, containing nearly ouo hundred s(|uare miles.

About six years intervened between the date at which Middleboro' was incorporated as a town and \ the breaking out or comuieneement of Kiug Philip's war, and yet the inhabitants ot" European descent had increased only to about sixteen families, and these ([uickly left all their possessions here and fled for refuge to Plymouth, and there remaining until that bloody and disastrous conflict was ended.

Tlie.se proprietors, being still at Plymouth, wore there convened together upon the 27th day of June, 1677, and voted '' that we do unanimously agree by the peruiissioii of God and by his gracious assistance to make a beginning again in order uuto the repossession of our lands and re-edification of our demolished buildings and habitation which some of us were, before the late and sad war, in actual improvement and possession of, and to make such orders aud conclusions as may hopefully have a tendency uuto the laying a foundation of a town and pious society in that place."

Not last or least among tlie numerous losses sustained by the people of Middleboro' in that "sad war" was the total destruction of the public records of the town, a loss that they sadly lamented and endeavored to make up for and supply from recollection and extracts from the colonial records kept at Plymouth, whereby much was regained and retrauscribed, while the evidence, doubtless, of many equally valuable fact.s was irretrievably lost, the fire kindled by an infuriated Indian's torch having forever wiped these from earth's book of remembrance, and consigned to a grave that never gives up ita dead, whose ashes are, by the mantle of oblivion, hid beyond the hope and power of a resurrection.

Chief among the civil oflBcers of a New England town are, and for many years has been, the selectmen or " fathers of the town," as these are not uufrequcntly designated.

Laws concerning these otBcers began to find a place upon the statute-book of Plymouth Colony as early as 16G2, or seven years before the town of Middleboro' was incorporated. Here Ls a copy of the act of 1CG2:

" It is coacted by the court, That io every Towne of this jurisdiction there be three or live CeleclioeD chosen by the Townsmen out of the freemen, such as shall be approved by the Court, for the better munn;5ing of the afairea of the respective Townshipes : and that the Celectmen in every towne, or the major i p'te of thoui, are hereby impowered to beare and determine | all debtee and diQerenues ari:iing between p'^ioo and p'aon ' wttbin their r&^pective Townshipes not exccedin<; forty shilling!*; as alsuu they are lieerby impowered to hcure and deteruiine all differences arising betwixt any Indiana mid the Kiiglinh uf theiro respective towntdiipes about damage done in Corn by the Cowea, Swine, or any other beastes lu'lonj^ing to the Inhabitants of the said respective town^bipe^ ; and the detcriiiiiiatioa uf the abovesuid dirtcreDces nut being aatislycd as was agreed, the p'ty wronged to repaire to some -Magistrate for a warrant to receive such award by distraint.

" It id further enacted by the Court, That the said Celectmen in every Township approved by the Court, or any of ihem, .-liall have power to give forth sumuiuus in his Ma'tic's name to rc- ([uiro any p'sons complained of to attend the licaring of the cu:ie, and to summon witnesses to give testimony upon th:it account, aud to determine of the Controversye.s according to legal evidence; and that the p'sons complaining shall serve the summons themselves upon the p'sons complained against, aud ia case of theire non-appearance to proceed on notwithstanding in the hearing and determination of such contruvcr>y as comes before them, and to have twelve-pence apiece for every award they agree upon."

"That one or two of the selectmen whom the Court shall appoint in each Township of this Jurisdiction bee heerby impowered to aduiinister an oath in all ca:<es committed to them, as alsoc to grant an execution for auoh p'sons as neglect or refuse to pay theire just dues according the vcrdictc of tlie said p'sons; and that the said Selectmen in every towne bee under oath for the true p'rfurmance of tlieire odico ; and if any p'son lindd himselfe agreived with verdict of said Selectmen, Then they have thciie liberty to appeale to the next Court uf his Ma'tie huldea utt Plymouth, provided that forthwith they put in Cecuritie to prosecute the appeale to effect and alsoc enter the grounds of theire apeales ; and in ctue any towne doc neglect to chosc and p'sent suoh yearly unto the Courts of Election, That every such Towne shal bee lyable to pay a tino of live pounds to the Countrey's use.

"It is enacted by the Court, That the Celectmen in every Township of this goverment shall take notice of all ?ul-1i p':sona th^t arc or shall come into any of the Townships wiihoiit the approbation of the Gov'r and two of the Assistance, according to order of the Court, aud the said Celectmen shall warne the said p'sons to aply themselves for approbation a»jcording to order, which, if tliey shall refuse or neglect, the said Celectmen are heerby impowered to require the p'son or p'sons to ajipc-er att the next Court to bee holden att Plymouth, and to require Cecuritie for theire appeerance, which, if any refu.-i; to doe, the Celcetnien sbal) inform the Constable of the Towne where heo livelb, which said Constable shall forthwith carry the said p'son or p'sons before the Gov'r or some one of the Assistance of this Gov'rment.

'* Whereas, the Court takes notice off great neglect of frequenting the publicko worship of Uod upon the Lord's day : it is enacted by the Court and the authoritio thcrcoff, That the Ce- Icct men of each Township of this Gov'r mcnt shall take notice of such in their Towushipps as neglect, through prophannes and slotlifulnes, to come to the publicko worship of God, and shall require an account of them, aud, if they give them not falislactiou, that they returne theire names to the Court."

" It shulbe lawful! for either plaintiffe or defendant to require a subpena of any Celectmen of the same Town where tho witnesses live to require any p'son to appeer before some one of the Cclectment of the same Towne to give evidence before some

** It is ordered by the Court and the uuthoritie thereof that tbo choice of Celectuien be speciticd in the wununta that are Bent dowuc tu the several Tuwue^ for the cliuice of his Ma'iiu's officers, and theire nuinei to be returned into the Court under the Coustuble'i hand, and to be called in Court to take theiro outh, as i3 in isuuh cuiee provided ; and if in case any providcuou prevent theire apueerance, then to appeer before ijomo Magistrate of this Gov''ment within one month after the said Court, to take oatli, under the penalty of twenty dhilling>."

"That the Poor May be provided for as Qece--v=ity requireth. This Court ordcrcth that the Celecttuen in eaeh Towuo sliall take care and .-^ee that tiie poor in theire respeetivc Towues bo provided for, and are lieerby Iinpowercd to relieve and provide for them according as necessitie, in theire doscretion, doth require, and the Towne shall defray the charge thereof.

"And the Celect Men of the several Towns are hereby required to give in a list of the names of such us mispend their time, whether House liolders or others, and all single per.-ons that live from under Family Government or will not be governed by their Parents or Masters where they live, that so the Court may pioeeed with them as the case may require."

1 From 1660 to l67o no returns of elections to be found among the culouiul tiles or records, and those kept (if, indeed, any wci'o kept) in town were lost and probably burned by the Indians in iCing Philip's war. ,

- The records of the town from 1G76 to 167U were lost in King Philip's war, - probably burned, the town vacated by its inhabitants of European descent. I

John Bennett. 1721. - Capt. Jacob Thompson, John Bennett, and Lieut. Ichahod Southworth. 1722. - Capt. Jacob Thompson, Capt. Joseph Vaughan, and

John Bennett, Elkanah Leonard, and Jacob Thouip-on. 1736. - Capt. luhabod Southworth, John Bennett, Jacob Thoinpaon, Elkanah Leonard, and Benjamin White, E>q. 1730. - John Bennett, Capt. Nathaniel Southworth, Jacob

Miller. 17J5. - Elias Miller, Elder Mark lla^kcll, and Joseph Tinkhnm. 17 Jli. - Elias Miller, Elder Mark iladkoll, and Joseph Tinkham. 1757. - Elius Miller, Lieut. Tboma:i Nelson, and Joi^eph Thompson. 1758. - IJeut. Thomas Nelson, John Thompson, Gershom Cobb,

1864. - Joseph T. Wood, Ira Suiith, and Alpheua K. Biabop. | I860. - Joseph T. Wood, Joahuu .M. Eddy, iind Abiah^i Miller. IS66 Joseph T. Wood, Joshua II. Eddy, and .Vbishai T. j

Clark. 1867. - Jnscpli T. Wood, Joshua M. Ed.ly, and Thoina.i Smith, ' IS68. - J...scph 'r. Wood, Thomas .'^Hiith, and Joshua M. Eddy. l.Sti'J. - Joseph T. Wood. Thomas Smith, and Lewis Leonard. [ 1^*70. - Joscpli T. Wood, Lewis Leonard, and Isaiic S. Cush- |

Cobb. IS72. - Jojeph T. Wood, Lewi8 Leonard, and Stillinan Benson. 1S73. - Iose|ib T. Wood, Lewis Leonard, and Stillman Benson. 1871. - .loseph T. Wood, Lewis Leonard, and Sylvester F.

" It is inacted by the Court, That there abalbe in every Towno within this government a Clakk, or eomo one appointed and ordained to keep a Rkgistkk of the day and yeare of the marriage, byrth, and buriall of every man, woman, and child within their Township."

" And the Town Clerk or Register keeper of every Town shall exhibit a true and perfeet copy into March Court annually of all the Marriages, Births, and Burials of the year past.

Although MidJleboro' waa incorporated aa a township in June, 1GG9, no record has been preserved of the eluclion of a town clerk until William Hoskins was unanimously chosen to that office, May 24, 1081, and the town in its corporate capacity agreed with him that his compensation for keeping its public records should be a load of fish, taken at the herring weir and delivered at his house, for each year's service. He probably served as town clerk about twelve years, being succeeded in that office by John Bennct, who was elected thereto March 28, 1693. All town records kept in Middleboro' from tlie date of incorporation, June, 1CG9, to the commencement of King Philip's war, in June, 1675, were lost in that war, and probably burned by the Indians, which accounts for the deQciency of a public record for the first six ycar.i in this town's history.

Town Clerks

TOWN CLERKS. Oiviny date of election nnd term of aervice, William Iloskins, May 24, 1681, twelve years. John Bennett, March 28, 1033, thirteen years. Jacob Thompson, March 14, 1700, thirty years. Nathan Bassett, .March - , 1736, one year. Jacob Thompson, March 16, 1737, seven years. Seth Tinkham, March 14, 1744, one year. Jacob Thompson, Maroh 5, 1745, three years. Ebenezer Sproutt, March 28, 1748, seven years. Joseph Tinkham, Maroh 31, 1755, twelve years. John Morton, March 23, 1767, eight years. Abuor Barrows, March 13, 1775, six years. Nathaniel Wilder, March 5, 1781, six years. Jacob Bennet, March 5, 1787, one year. Nathaniel Wilder, March 10, 1788, two years. Cyrua Keith, March 1, 1790, Afteen years. Sylvauus Tillson, March 11, 1805, seventeen years. Isaac Stevens, May 8, 1822, eight years. Reelund Tinkham, March 3, 1830, two years. Foster Tinkham, March 5, 1S32, three years. Allen Shaw, March 9, 1835, eleven years. Jacob B. Shuw, March 9, 1846, three years. Everett Robinson, March 5, 1849, two years. George Pickens, March 10, 1851, four years. Andrew M. Eaton, March 18, 1855, six years. Sidney Tucker, March 11, 1361, two years. John Shaw, Jr., March 9, 1863, one year. Cornelius B. Wood, March 7, 1864, seventeen years. Charles T. Thatcher, March - , 1881.

Town Treasurers

Deacon Jonathan Cobb, March 1, 1711, four years. John Bennett, Jr., March 7, 1715, seventeen years. Samuel Tinkham, March 17, 1732, three years. Simon Lazel, March 17, 1735, one year. Jacob Thompson, March - , 1736, eight years. Benjamin Tucker, March 14, 1744, one year. Jacob Thompson, March 5, 1745, three years. Elias Miller, March 28, 1748, nine years. John Thompson, March 14, 1757, ten years. Capt. Ebenezer Sproutt, March 23, 1767, two years. John Morton, March 27, 1769, six years. William Bennett, March 13, 1775, four years. Nathaniel Wilder, March 1, 1779, twenty years. Qeorge Morton, March 11, 179U, eix years. Levi Peirce, March 11, 1805, two years. .Sylvanus Tillaon, March 2, 1807, fifteen years. Levi Tinkham, May 8, 1822, five yeara. Isaac Stevens, April 2, 1827, three years. Reeland Tinkham, March 3, 1S3U, one year. Foster Tinkham, April 4, 1831, three years. Allen Shaw, March 11, 1834, twelve years. Jacob B. Shaw, Mareh 9, 1846, three years. Everett Robinson, Maroh 5, 1849, two years. George Pickens, March 10, 1851, four years.

Andrew M. Eaton, March IS, 1S55, six yeara. Sidney Tucker, March 11, 18C1, two years. Jolin Sha.w, Jr., March 9, 1363, one ye:ir. Cornuliua B. Wood, March 7, 1S64, seventeen years.

Deputies to the Plymoutli Colony Court. - John Morton represented tlie town of Middleboro' at the Colonial Court of Plymouth in 1072, and ajraiit in 1C73. and he was succeeded by John Thompson in l»i74 and 1G75, when, the English settlement at Middlcboro' being entirely broken up by King Pliilip's war, no deputy appears thenceforth to have been chosen for that town until lUSO, when John Thompson was re-elected to that office, and served seven years, viz., to and including 1080.

Then came tlie troubles witli and interruption of the government by Sir Edmund Audros, during which Middleboro' had do deputy, and the records of this town, in common with those of many otlier towns, show a hiatus. From 1089 until 1G9-, Isaac IIowlaud served the town of Middleboro' as a deputy in the Colonial Court, when what had been the colony of New Plymouth became a part of the " Province of the Massacliusetts Bay in New England," and deputies were thenceforth known as representatives to the Great and General Court.

New England

IIEI'RESENTATIVES TO TUE GENEUAL COURT OF THE PROVINCE OF THE MASSACHUSETTS BAY IN NEW ENGLAND. IG'JL'. John Thuinp^^ou. . I74.*I. Elkaimli I.eouaid, Esq.

Mandamus Councilor

He Joes not appear to have been sworn into that oflBce, and the fact that he was appiiintotl was very dutuai:in<; to his reputation among; his neiglibors and townsmen of Middlcboro'.

Ill the First Provincial Congress of Massachusetts, that convened at Salem, Oct. 4, 1774; at Concord, October 14tli; at Cambridge, October 17th and November 23d; and dissolved Dec. 10, 1774, Capt. Ebenczcr Sproutt was the member from Middleboro'*

County Commlssioners

The board of county commissioners liave duties very similar to, if not, in fact, identical with, those of a former board of public ofiBcers known as commissioners of highways, which board, as also the Court of Sessions, was abolished, to give place to that of county commissioners. Thomas Weston, of Middleboro', was a member of the board of commissioners of highways when the same was abolished.

Justices of the Peace. - The commi.-?sion of a justice of the peace has in Massachusetts been usually made to continue in force for the term of seven years, if the person appointed behave himself well in the said office. At the expiration of seven years many commissions have been renewed, and then in numerous instances persons have served in that commission for long periods, and not infrequently until the date of their death. In what follows only the dates of the first or original appointments are given, although many of the persons named had the appointment several times renewed.

Trial Justice

Coroners. - The term of tiiue of whiuli iho couimissioD of a coroner continued to run or be iu legal operation has been subject in the State of Maasachusetts to several changes, and for a long time was a life appointment ending only with the decease of the holder. That was afterwards so clianged that the term of continuance was made to close at the end uf .^eveii years. The office in Massachusetts at the present time is practically abolished, that of medical esarnincr being made to take its place in nearly all its former duties.