Genealogical notes of Barnstable families - citizen hylbom blog

318 GENEALOGICAL NOTES OF BAKN8TABLE FAMILIES.
boundaries of his lands, and at his request two men were appointed
by the Colony Court, "to set at rights the lines or ranges," provided
the parties cannot agree among themselves. It was afterwards
referred to Barnard Lumbard.
He had, soon after his settlement in Barnstable, a controversey
with the inhabitants, which remained unsettled for many
years. As the case has a historical interest and illustrates the
leading trait in his character, I shall give some details. Some
years prior to 1652, he built a causeway across his own meadow,
and a bridge across Scorton Creek, and extended the causeway to
the upland on Scorton Neck, at the place where the new County
road now passes over. A bridge and causeway to Scorton Neck
had previously been built by Sandwich men, about half a mile
farther west, which had been used in common by them and the
inhabitants of Barnstable. Mr. Dexter's bridge shortened the
distance which the latter had to travel to their meadows on Scorton
Neck, and they claimed a right to pass over the new bridge without
having assisted in the building, and without paying toll
because in the year 1652, according to the Barnstable town
records, "It was agreed upon by the Jury for the highways,
Anthony Annable being the foreman thereof, that a Highway two
rod broad go from the point of upland of Samuel Fuller's
through the marsh of Thomas Dexter's to the main creek, and so
cross the marshes as far as the marsh . of Samuel Hinckley's.
Also, it is agreed by the said Jury that a foot way go from
Lieutenant Fuller's house across the creek, where Mr. Dexter's
bridge was, and so straight along to Mr. Bursley's bridge, leaving
Mr. Dexter's orchard on the right hand, and Goodman Fitzrandles
house on the left hand."
The highway laid out passed on the west side of Dexter's
farm, southerly to the old County road. The foot way corresponds
in locations with the new County road, till it joins the
old, and thence by the latter to Bursley's bridge.
The matter was a cause of diflSculty, and remained unsettled
till Obtober 5, 1656, when the Plymouth Colony Court appointed
and requested M. Prence, and Capt. Cudworth, to view the place
in controversy, and if they they can, put an end to it, and if they
cannot, to make report unto the Court of the state of the
matter.
On the 10th of the same month the parties interested, namely,
Thomas Dexter, Senior, of the one part, and of the other, Samuel
Hinckley, William Crocker, Samuel Fuller, Peter Blossom,
Thomas Hinckley, Robert Parker, John Chipman, and Robert
Linnell, appeared on the premises iDefore Mr. Thomas Prence and
Capt. James Cudworth, and the case that had caused so much
trouble, was "issued" to the satisfaction of all the parties. 1,
It was agreed, "that all that are interested in any marsh above