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The history of New Bedford, Bristol County, Massachusetts : including a history of the old township of Dartmouth and the present townships of Westport, Dartmouth, and Fairhaven, from their settlement to the present time

Ricketson, Daniel, 1813-1898. 4n · 1858 · Scanned text · Free in the US

109,434 words · about 7 h 40 min to read

Period artwork: Interior of the Bodleian Library, 1845
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About this book

Author
Ricketson, Daniel, 1813-1898. 4n
Language
English
Published
1858
Length
109,434 words · about 7 h 40 min
Sections
7 reader sections
Text
Scanned text, read from page scans by OCR; may contain errors
Rights
Public domain in the United States

 

Contents (7)
  1. Front matter about 6 min
  2. Contents about 5 min
  3. Chapter 1 about 18 min
  4. Chapter III about 7 min
  5. Chapter IV about 7 min
  6. Chapter V about 6 h 49 min
  7. Index about 8 min

Continue:

Front matter

Gc

974.402

ALLEN COUNTY PUBLIC LIBRARY

Contents

Page

Preface, iii

Z!hapter

Chapter 1

THE OLD TOWNSHIP OF DARTMOUTH— DISCOVERY OF THE COAST BY BARTHOLOMEW GOSNOLD IN 1602 — EARLY SETTLEMENT — DEED FROM THE INDIAN SACHEM MASSASOIT TO GOVERNOR BRADFORD, AND OTHERS — THE ORIGINAL SURVEY OF DARTMOUTH.

J^EW Bedford was originally a part of the old township of Dartmouth, from which it was set off and incorporated into a separate township in the year 1787. The old township of Dartmouth formerly included the present townships of Dartmouth, Westport, New Bedford and Fairhaven, and was purchased of the Indians in 1652. That part of the old township of Dartmouth which includes the present township of New Bedford -was known to the Indians by the name of Accushnet, or Accoosnet, and sometimes Accushena; Fairhaven as Sconticut; Dartmouth as Apponeganset, and Westport as Acoaxet. The Acushnet River, and the adjoining shores upon which New Bedford stands, were first discovered in 1602, by Bartholomew Gosnold, who sailed from Falmouth, England, on the 26th

B of March of that year. 'J'he names of the persons who embarked on this voyage, as far as they have been ascertained, are as follows: Bartholomew Gosnold, Commander; Bartholomew Gilbert, 2d , officer; John Angel; Robert Saltern, who was afterwards a clergyman; William Streete; Gabriel Archer, gentleman and journalist; James Rosier, who wrote an account of the voyage and presented

it to Sir Walter Raleigh; John Brierton; and

Tucker. There were thirty -two persons in all, eight of whom were mariners.

" The design of the voyage was to find a direct and short course to Virginia, and upon a discovery of a proper seat for a plantation, twelve of the company were to return to England till further assistance and supplies could be sent them.''

The fine group of islands known as the Elizabeth Islands was first discovered by Gosnold, and so called in honor of the Queen of England. The island now known as Cuttyhunk they called Elizabeth. Here they made their place of rendezvous, and upon an islet in a small fresh -water pond built a place of defence and a store-house.

"While some of Gosnold's men labored in building a fort and store-house on the small island in the pond, and a flat-bottomed boat .to go to it, he crossed the bay in his vessel and discovered the mouth of the river on the west shore of which New Bedford is now built. On the shore he was met by a company of natives, men, women and children, who -with all courteous kindness entertained him, giving him skins of wild beasts, tobacco, turtles, hemp, artificial strings colored (wampum,) and such like things as they had about them. The stately groves, flowery meadows and running brooks afforded delightful entertainment to the adventurers." Belknap.

Their original intention, as will be seen from the preceding extract, was for twenty of the company to remain, and for the others to return to England with the vessel, and bring or send them supplies. But they suddenly changed their minds, and after having loaded their vessel with sassafras root and furs, on the 17th of June they set sail for England, and arrived at Exmouth, Devonshire, after a pleasant passage of five weeks.

Bartholomew Gosnold died in Virginia on the 22d of August, 1607, whither he had gone with Captain John Smith.

About 30 or 40 years after this, the country began to be settled by the English, and owing to the hostility of the Indians they were under the necessity of living in garrisons. In the year 1676, Capt. Church, in his History of the Indian War, speaks of a garrison at Russell's Orchard, which was situated near the head of the Apponeganset River, in Dartmouth. In this garrison was born Joseph Russell, a son of whom, by the same name, I shall have occasion to mention hereafter. There was also another garrison on the east side of the Acushnet River, about one mile north of the village of Oxford, the remains of which are still to be seen.

The following is a copy of the deed from Massasoit or Woosamequin, and his son Wamsutta, or Moanam, who was also called by the English

Alexander. Philip of Pokanoket, whose true name was Pometacom, was also a son of Massasoit, and younger than Alexander.

*<33raUforli dTobernour. 1654. A deed appointed to be recorded.

New Plymouth, November the 29th, 1652. Know all men by these presents, that I, Wesamequen, and Wamsutta my son, have sold unto Mr. William Bradford, Captain Standish, Thomas Southworth, John Winslow, John Cooke and their associates, the purchasers or old-comers, all the tract or tracts of land lying three miles eastward from a river called Cushenagg, to a certain harbour called Acoaksett, to a flat rock on the westward side of the said harbour. And whereas the said harbour divideth itself into several branches, the westernmost arme to be the bound, and all the tract or tracts of land from the said westernmost arme to the said river of Cushenagg, three miles eastward of the same, with all the profits and benefits within the said tract, with all the rivers, creeks, meadows, necks and islands that lye in or before the same, and from the sea upward to go so high that the English may not be annoyed by the hunting of the Indians in any sort of their cattle. And I, Wesamequen, and Wamsutta, do promise to remove all the Indians within a year from the date hereof that do live in the said tract. And we, the said Wesamequen and Wamsutta, have fully bargained and sold unto the aforesaid Mr. William Bradford, Captain Standish, Thomas Southworth, John Winslow, John Cooke, and the rest of their associates, the purchasers or old-comers, to have and to hold for them and their heirs and assigns forever. And in consideration hereof, we the above-mentioned are to pay to the said Wesamequen and Wamsutta as folioweth: thirty yards of cloth, eight mooseskins, fifteen axes, fifteen hoes, fifteen pair of breeches, eight blankets, two kettles, one cloak, 2 £ in wampan, eight pair stockings, eight pair of shoes, one iron pot, and ten shillings in another cornoditie. And in witness hereof we have interchangeably set to our hands the day and year above written.

J JOHN WINSLOW.

In the presence of ^^^^ COOKE.

Jonathan ohaw, > mg Samuel Eddy. ) WAMSUTTA.

mark. "

A fine picture of the landing of Gosnold upon our shores has been painted by our fellow-townsman, William A. Wall. From a notice of this picture made by the writer of this history at the time of its exhibition in 1842, the following extract is taken: " The artist has combined the authentic accounts of the event with the natural scenery in a most happy manner. The conception of the wdiole affair is exceedingly beautiful. The time is early morning — the sun not yet risen; but his strong light is breaking from the east across the water and the Elizabeth Islands in the distance, the light clouds are flying away before the gentle breeze, and the dewy freshness of early day is seen upon all things around, while a thrush, from his seat upon a neighboring tree, is chanting his sweet salutation to the hardy adventurer. Gosnold, with his first officer, Bartholomew Gilbert, Gabriel Archer, 'gentleman and journalist,' and several of his men, are seen upon the shore, which, together with a group of Indians with whom they are trading, forms the chief attraction of this beautiful picture. The figure of Bartholomew Gosnold well represents the 'active, intrepid and experienced mariner,' as he is called by an old historian. The boat from which tli(^y have apparently just landed is held by a sailor with a boat-hook, while another, leaning over the gunwale, is musingly looking up the river. A sweet quiet pervades the whole scene; and the reflection of the British flag, drowsily hanging from its staff* at the stern of the boat, is seen upon the glassy water. The ' small bark ' which bore them across the Atlantic, with her sails loose, is seen in the offing. The mind is involuntarily carried back to that beautiful morning; and the sweet serenity of the scene must awaken the pleasantest reflections in the mind of the spectator."

Below is a copy of the record of the settlement of the bounds of Dartmouth made with Philip. Kecord of Deeds, Plymouth Colony, Book 3d, page 323.

" Whereas, according to an order -of court, held at Plymouth, bearing date the third day of October, Anno Domini 1664, wherein Phillip, Sagamore of Pokannockett, &c., was desired to appoint an agent or more to set out and mark the bounds of Acushna, Coaksett, and places adjacent, the said Sachem sent John Sassamon, on the 19th day of November, in the year aforesaid, to act in his behalf in the premises, whoe hath set the bounds of the said tract and tracts as followeth, viz.: at Acushena three miles to the east according to the deed bearing date November 29th, 1652, from a black-oak marked on four sides, running upward north into the woods eight miles, and downward south with so much of the island Nakata as falls within the said line ; at Akoaksett, from a white-oak marked on fovu' sides, standing on the west side of the head of the cove, ranging up into the woods north six miles and an half to a great pond, unto a white-oak marked, standing upon the west side of the pond, near the south end of the said pond ; by reason of the running of the pond, one mile on the east side upward to a black-oak marked on four sides, standing near a maple tree on the side of the said pond, about the middle of it, which pond is called Watuppa ; the upper bounds to run from tree to tree upon a strait line, and at the head of the westernmost arm from the said white-oak to the flat rock expressed in the deed aforesaid.'^

CHAPTER 11.

THE INDIANS OF DARTMOUTH—TROUBLES OF THE EARLY SETTLERS— ORDER OF COURT RELATIVE TO THE SUPPORT OF THE MINISTRY— DIFFICULTY OF ENFORCING THE SAME — ORIGIN OF THE NAME OF DARTMOUTH— RALPH RUSSELL AND THE RUSSELL FAMILY — JOSEPH ROTCH — ORIGIN *0F THE NAME OF NEW BEDFORD — EARLY QUAK- ERS—GOSNOLD'S SETTLEMENT AT CUTTYHUNK — IDEN- TIFICATION .OF THE SAME BY DR. BELKNAP — SURVEY OF THE TOlYNSfilP BY ORDER OF KING PHILIP— LIST OF THE ORIGINAL PURCHASERS.

In my former chapter was given the original deed of the purchase of the old township of Dartmouth of Massasoit or Woosamequin, as he is called in the deed, and his son Wamsiitta, alias Moanam and Alexander^ Massasoit was also the father of Philip, or Pometacom, the great Indian warrior and chieftain. He, as well as his brother Alexander, who succeeded their father, were denominated "kings" by the early settlers. Their home was at Montaup, or Pokanoket, now known as Mount Hope, near Bristol, Rhode Island.

The Indians who inhabited this section of country (Dartmouth,) the Acushnets, Apponegansets, and Acoaxsets, were a part of the great tribe of Wampanoags, over which Woosamequin, or Massasoit, was the chief Sachem. The early settlers of Dartmoutli as well as those at Plymouth, found in Massasoit a firm and devoted friend, and he has been called ^^the good Masssaoit-" Although his dying injunctions to his sons Alexander and Philip, (so named by the English from the gr^h Macedonian generals,) were to continue in friendly relations with the English, his counsel was little heeded by the former, \and violated in the most savage manijer by the latter.

The early settlers of Dartmouth suffered greatly from the depredations and violence of the Indians; and at one time they were completely broken up, and obliged to forsake their homes and resort to garrisons for protection.

This fact reaching the government at Plymouth, the following order of court was passed :

"1675, 14th October. This court taking into their serious consideration the tremenduous dispensations of God towards the people of Dartmouth, in suffering the barbarous heathen to spoil and destroy most of their habitations, the enemy being greatly advantaged thereunto by their scattered way of living, do therefore order that in the rebuilding and resettling thereof, that they so order it as to live compact together, at least in each village, as they may be in a capacity both to defend themselves from the assault of an enemy, and the better to attend the public worship of God, and ministry of the word of God, whose carelessness to obtain and attend unto we fear may have been a provocation of God thus to chastise their contempt of his gospel, which we earnestly desire the people of that place may seriously consider of, lay to heart, and be humbled for, with a solicitous endeavour after a reformation thereof, by a vigorous putting forth to obtain an able, faithful dispenser of the word of God amongst them, and to incourage him therein, the neglect whereof this court, as they must and God willing, they will not permit for the future." Book 5t/i. Court Orders^ page 102.

As Plymouth was so called from the fact of that being the name of th^l^st port the Pilgrim Fathers left, so I conclude that our old township of Dartmouth was named from the circumstance of the two vessels, the Mayflower and the Speedwell, which it will be remembered sailed together, putting back to the port of Dartmouth on the British Channel, for repairs upon the latter vessel, and consequently it is reasonable to conclude that Dartmouth was early settled by some of the passengers that came over in the Mayflower, as the Speedwell was abandoned on account of unseaworthiness.*

One of the earliest settlers of Dartmouth was Ralph Russell, who came from Pontipool, l^ngland, and had been engaged in the iron business with Henry and James Leonard of Taunton. He set up an iron forge at ''Russell's Mills," which place received its name from him. Ralph Russell was the progenitor of the Russell families of New Bedford, and the ancestor in the fourth remove of Joseph Russell, from whom New Bedford received its name. In the year 1765, Joseph Rotch, grandfather of the late William Rotch, Jr., moved from Nantucket to this place, then known as Dartmouth, for the purpose of pursuing the business of the whale-fishery. Here he became acquainted with Joseph Russell, before mentioned, a substantial farmer, who included in his broad domain a large part

*As no name of those who came OTer in the Mayflower appears among those of the early settlers, the name of Dartmouth was probably adopted by the original purchasers, all of whom were passengers in the Mayflower.

of the most valuable portion of the land on which New Bedford now stands. Jpis residence, a large old-fashioned farm-house, stood at the head of William street, and near the mansion of Charles W. Morgan. Union street was * his cart-path to the shore, at the head of which, on the County road, was a red gate. This way was afterwards called " King street," and subsequently " Main street," a name familiar to the ears of many of our citizens ; and one which it is to be regretted has been set aside for the less agreeable and no more appropriate one now adopted. " Bridge street" was about the same time changed to "Middle street," a name far less characteristic of its origin, as well as that of old Main street, the latter having been the original main street of the place, and the former leading to the New-Bedford and Fairhaven bridge — proving that changes are not always improvements. The name King street, as the one in Boston formerly so called, was undoubtedly abandoned from patriotic motives.

As a little village had already begun to appear, it was thought necessary to give it a particular designation from the rest of the old township; and upon a public occasion Joseph Rotch suggested that the name should be "Bedford," in honor of Joseph Russell, who bore the family name of the Duke of Bedford, which was readily adopted by the rest of the inhabitants, and the old gentleman was afterwards known as "the Duke." This, it will be remembered, was in "the Old Colony days, when we lived under the King." It being afterwards ascertained tliat the sam^^aarne had been previously given to a town in the state, it was called New Bedford. Many of the early settlers of Dartmouth were Quakers, who probably sought this then sequestered region as an asylum for the enjoymeiSt of their peculiar religious faith*

In the year IG?!, the following order of court was passed, which probably grew out of the scruples of the settlers, as Quakers or Friends :

" 1671. In reference unto the town of Dartmouth^ it is ordered by court, that whereas a neglect the last year of the gathering in of the sum of fifteen pounds according to order of court to be kept in stock towards the support of such as may dispense the word of God unto them, it is again ordered by the court that the sum of fifteen pound be this year levied to be as a stock for the use aforesaid, to be delivered unto Arthur Hatheway and Serjeant Shaw, to be by them improved as opportunity may present for the ends aforesaid." Book 5th j Court Orders^ page Al,

This order of court does not appear from the following one passed several years afterwards to have proved effectual. The good people at Plymouth appear to have been particularly exorcised for the spiritual interests of our early settlers.

1674. Wednesday, the 24th of this instant, is appointed by the court for the inhabitants and purchasers of Dartmouth to meet together for the settling of the bounds of their town, at which time the Governour, Mr. Hinckley, the Treasurer, Mr. Walley, Lieut. Morton and John Tomson did engage to give meeting with others to propose and indeavour that some provision may be made for the preaching of the word of God amongst them." Book 5th^ Court Orders^ p(^g'e

Capt. Gosnoldj in 1602, named a round hill in the present township of Dartmouth, Hap's Hill,'' lying between two good harbors, which fall within the limits of the said town, being Pascomanset and Apponeganset. The hill is unquestionably one of those now known as the "Round Hills," near " Dumpling Rock."

In my last chapter I made mention of the occupation of the island Cuttyhunk by Gosnold. On the 20th of June, 1797, Dr. Belknap, the historian, visited this island, and saw the cellar of a storehouse, built by Gosnold in 1602. The authenticity of this important relic has been doubted by some; but the writer of this history has the authority of several eye-witnesses in corroboration of this important fact. " It is a vestige of the first work performed by Europeans on the New England shores. Here they first penetrated the earth; here the first edifice was erected. And from this humble beginning have arisen cities, numerous, large and fair, in which are enjoyed all the refined delights of civilized life." Although Bartholomew Gosnold cannot be considered as the founder of New Bedford, yet, as he was the first Englishman or European who visited our shores, our history may with much propriety take its date from the time of his visit. Here, during the last of May or the first part of June, A. D. 1602, this "active, intrepid, and experienced seaman, from the west of England," landed upon our shores, eighteen years before the landing of the Pilgrim Fathers npon Plymouth Rock. A more permanent settlement was intended, and had not the slight disagreement before alluded to taken place in the company, it would undoubtedly have been made.

1660. A writing appointed to be recorded, as foUoweth :

At a general meeting of the purchasers, at Plymouth, the seventh of March, 1652, it was ordered and fully agreed unto and concluded by the whole that all that tract of lands lying from the purchasers' bounds on the west side of Acoughcusse to a river called Accusshaneck and three miles to the eastward of the same, with all islands, meadows, woods, waters, rivers, creeks, and all appurtenances, thereunto belonging, should be given to those whose names are hereunder written, containing thirty-four shares, and was then given, allotted, assigned and set over to them by the whole, to have and to hold to them and their heirs and assigns forever, to divide and dispose of the same as they should see good ; and they are to satisfy the Indian^ for the purchase thereof, and to bear all other due charges that shall any way arise about the same, according to their several proportions.

WILLIAM BRADFORD, a moie- EDWARD HOLMAN.

ty. MisTRis JENNEY.

Captain STANDISH. JOSHUA PRATT.

Mr. colly are and SARAH Mu. HICKES.

BREWSTER. THOMAS SOUTHWORTH.

Mb. ALDEN. JAMES HURST.

MisTMS WARREN. EDWARD DOTY.

ROBERT BARTLETT. JOHN SHAW.

JOHN FAUNCE. FRANCIS COOKE.

MANNASSES KEMPTON. JOHN COOKE.

GEORGE MORTON. SAMUEL CUTBERT.

JOHN DUNHAT^L JOHN CRACKSTON: the one-

WILLIAM PALMER. half of John Crackston land,

THOMAS MORTON. which was Mr. William Bradford, Senr. His land was passed CONSTANT SOUTHWOKTH.

over to the said William Brad- GEORGE SOULE.

ford, to Mr. John Howland. PHILLIP DELANOY.

STEPHEN TRACYE. MOSES SIMONS.

FRANCIS SPRAGUE. EDWARD BUMP AS.

PETER BROWNE.

Whereas these purchasers, who by agreement of the whole had their proportions of purchase land falling unto them in the places above mentioned, who by agreement had their several names entered into a list together, with some other old-comers, under the hand of the Hon^ Gov^' late deceased, they did desire that the list of their names might be recorded, but the above-written original list of names, and the agreement, could not be found in some years, so that it was judged lost, these purchasers notwithstanding still desiring that what was their right might be recorded, whereupon order was given by the aforesaid Governour that it might be done, in which record, for want of the original list, the names of some are entered contrary to the original grant and agreement of the purchasers, as appears by it, and also by divers other purchasers as wel] as themselves, which is an occasion of some difference already, and may be of more, therefore it is ordered by the General Court held at Plymouth, the 8th June, 1660, that the abovesaid original list should be entered, and the other to stand in the book not defaced, but to be void, null and of none effect."

The following record, although nearly a recapitulation, of the survey made by order of King Philip, as published in the first chapter, is. interesting and valuable, as containing a full list of the names of the original purchasers of Dartmouth. This list was for several years lost, and the preceding record from memory was made; but the original being afterwards found, it was recorded, and the other made null and void. Record of Deeds, Plyrnouth Colony, Book 2d, page 107.

" The names of those AAdio by order of the purchasers met at Plymouth the seventh day of March, 1652, who by joint consent and agreement of the said purchasers are to have their parts, shares or proportions, at the place or places commonly called and known by the names of Acushena, alias Acquessent, which entereth in at the western end of VVeeckatay, and to Coaksett, alias Acoakus, and places adjacent, the bounds of which tract fully to extend three miles to the eastward of the most easterly part of the River or Bay called Acusshn-a aforesaid, and so alon.2: the sea-side to the river called Coaksett, lying on the west side of Point Pritt,* and to the most westernmost side of any branch of the aforesaid river, and to extend eight miles into the woods, the said tract or tracts of land so bounded, as abovesaid, which is purchased of the Indians, which were the right proprietors thereof, as appears by a deed under their hands, with all marshes, meadows, rivers, waters, woods, timbers and other profits, privileges, emunities, commodities and appurtenances belonging to the said tract or tracts above expressed, or any part or parcel thereof, to belong unto the parties whose names are underwritten, Avho are in number thirty-four whole parts or shares, and no more, to them and their heirs and assigns forever:

Mr. WILLIAM BRADFORD, one whole part or share. Captain STANDISH, one whole part or share. Mr. JOHN ALDEN, one whole part or share.

Mr. COLLYER and SARAH BREWSTER, one whole part or share.

Mr. ROWLAND and WILLIAM BASSETT, one whole part or share.

GEORGE MORTON, one whole part or share.

MAN ASSES KEMPTON, one whole share.

JAMES HURST, one.whole share.

JOHN DUNHAM, Senr., one whole share.

JOHN SHAW, Senr., one whole share.

Gooseberry Neck (Point Peril.)

FRANCIS COOKE, one whole share.

J(;HN COOKE, one whole share.

JOSHUA PRATT, one whole share.

GEORGE SO OLE, one whole share.

CONSTANT SOUTHWORTH, one whole share. THOMAS SOUTHWORTH, one whole share. Miss JENNINGS, one whole share.

STEVEN TRACYE, one whole share.

JOHN FAUNCE, one whole share.

HENRY SAMPSON, one whole share.

PHILIP DELANO YE, one whole share. Miss WARREN, one whole share.

ROBERT BARTLETT, one whole share. WILLIAM PALMER, one whole share.

EDWARD DOTYE, one whole share.

SAMUEL HICKES, one whole share.

PETER BROWNE, one whole share.

FRANCIS SPRAGUE, one whole share. MOSES SIMONS, one whole share.

SAMUEL EATON, one whole share.

THOMAS MORTON, one whole share.

SAMUEL CUTBERT, one whole share.

EDWARD HOLMAN, one whole share.

EDWARD BUMP ASS, one whole share.

In all thirty-four parts or shares."

So it appears that the whole township of Dartmouth in 1652 belonged to thirty-six persons.

Chapter III

CHARACTER OF THE EARLY SETTLERS OF DARTMOUTH- DESTRUCTION OF THEIR PROPERTY BY THE INDIANS— ORDER OF COURT 1678, FOR MORE COMPACT SETTLE- MENTS—OLD COLONY RECORDS — FREEMEN OF DART- MOUTH—NAMES OF THE ORIGINAL PROPRIETORS — PROPRIETORS' RECORDS — OLD HOUSES— INDIAN RELICS.

The last chapter closed with the list of the names of the original purchasers of Dartmouth, but few of whom, however, settled here ; and I have been able to trace but five or six out of the whole number, which was thirty-six, in the early records of the town. The land appears to have been taken up by a class of people not particularly identified with the Puritans, and many of them Quakers, whom the government at Plymouth, as will be seen by their Court orders, found it difficult to control. A frugal and industrious people, busily engaged in agriculture, the early settlers of Dartmouth do not appear to have been guilty of any other offense than the want of obedience to the rigid requisitions of the Court, in regard to the support of a ministry, and the observance of the Sabbath, according to the views of the government. But the sturdy Dartmouthians, with their strong admixture of the nonconformity of the disciples of George Fox, baffled their eiforts with a steady perseverance, and in the year 1691 refused the payment of taxes, and sent no Representative to^he Court.

The people of Dartmouth having suffered a great deal in the loss of property destroyed by the Indians, owing to their scattered way of living, the following Order of Court was passed:

"1678. To John Cooke, to be communicated to such of the former inhabitants of Dartmouth as are concerned herein. The Councell being now assembled, considering the reason and necessity of that order of the General Court made the 14th October, 1675, respecting the rebuilding or resettling the Town of Dartmouth, a copy whereof is herewith sent, and considering withall that all the people of that place, by their deserting it, have left it to the possession of the enemy, which through the good hand of God on the endeavours of this Colony is now recovered again out of the enemies' hand, do so much the more look at it as a dutv incumbent on this Councel to see the said order effectually attended, do therefore hereby prohibit all and every of the ' former inhabitants of the said town of Dartmouth, or their or any of their assigns, to make any enterance or building or settling in any part of the said former Township of Dartmouth untill satisfactory security be first given to the Court or Councel by some of the principle persons heretofore belonging to that place that the said Court Order shall in all respects be attended by them, as the transgressors of this prohibition will answer the contrary at their peril." Book 5, Court Orders^ page 124.

For a copy of the order referred to, see the previous chapter.

"With the following orders, I shall close my extracts from the Old Colony Records. They are valuable as addition to the scanty materials afforded for my history of this early period.

" 1664, Jane. At this Court all that tract of land commonly called and known by the name Acushena, Ponagansett and Coaksett is allowed by the Court to be a township, and the inhabitants thereof have liberty to make such orders as may conduce to their common good in town concernments, and that the said town be henceforth called and known by the name of Dartmouth." Book Alh^ Court Orders, page 72, Colony Records,

''1665, June. Dartmouth proportion of the rates or taxes, 10 X." Book 4, Court Orders, page 103.

"1667, June. Serjeant James Shaw and Arthur Hatherway are appointed by the Court to exercise the men in armes in the town of Dartmouth." Book 4:th, Court Orders, page 104.

"1667, July. John Cooke, of Dartmouth, is authorized by Court to make contracts of marriage in the town of Dartmouth, and likewise to administer an oath to give evidence to the Grand Inquest, and likewise to administer an oath to any witness for the trial of a case as occasion may require ; and in case any person or persons residing in this jurisdiction shall have occasion to commence a suit against any stranger or foreigner, it shall be lawful for the said John Cooke to issue out warrants in His Majestie's name, to bind over any person or persons to answer the said suit at His Majestie's Court, to be h olden at Plymouth at any time, by attachment or summons, as occasion may require, and that he shall give forth suppoenies to warn witnesses." Book 4:, Court Orders, page 163.

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